FEDERAL REGISTER VOLUME 34 . NUMBER 204 Thursday, October 23,1969 • Washington, D.C. Pages 17143-17226
Agencies in this issue— Agricultural Stabilization and Conservation J3ervice Air Force Department Army Department Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Education Office Federal Aviation Administration Fédéral Communications Commission Federal Maritime Commission Federal Power-Commission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration General Services Administration Health, Education, and Welfare Department Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Patent Office Securities and Exchange Commission Small Business Administration State Department Wage and Hour Division Detailed list of Contents appears inside. Public Papers of the Presidents of the United States
Annual volumes containing the public messages and statements, news conferences, and other selected papers released by the White House. Volumes for the following years are now available:
HARRY S. TRUMAN 1945 ______$5.50 1949 ______$6.75 1P4« $fiftn 1950 _ _ _ $7.75 1947______$5.25 1951______$6.25 1948 _ _ _ _ $9.75 1952-53 ______. _ $9.00
DWIGHT D. EISENHOWER 1953 ______$6.75 1957 ______. _ $6. 75 1954______$7.25 1958 ______. _ $8.25 1955______$6.75 1959 ______. _ $7.00 1956_ $7.25 1960-61 . _ $7.75
i . JOHN F. KENNEDY 1961______$9.00 1962 ______$9.00 1963______$9.00
LYNDON B. JOHNSON 1963-64 (Book I)- _ $6.75 1966 (Book I)______$6.50 1963-64 (Book II) _ $7.00 1966 (Book II) $7.00 1965 (Book I). . _ _ $6.25 1967 (Book I) __ _ $8. 75 1965 (Book II). ____ $6.25 1967 (Book II) _ __ _ $8.00
Published 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
rrnrn A 1 W lfW Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or rrllrn/ll on *he day after an official Federal holiday), by the Office of the Federal Register, National * *-**-**-* ~ _ Archives and Records Service, General Services Administration, Washington, D.O. 20408, Phone 962-8626 pursuant to the authority contained In the Federal Register Act, approved July 26, 193 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under* AGRICULTURAL STABILIZATION DEFENSE DEPARTMENT FISH AND WILDLIFE SERVICE AND CONSERVATION SERVICE See Air Force Department; Army Rules and Regulations Department. Rules and Regulations Browns Park National Wildlife Refuge, Colo.; hunting______17173 Domestic beet sugar producing EDUCATION OFFICE Kenai National Moose Range, area: Prevented acreage credit, scope, Notices Alaska; public access, use, and purpose and procedure------17153 Federal financial assistance for recreation ______17173 Proportionate shares for farms, strengthening instruction in Pathfinder National Wildlife Ref 1970 crop (2 documents)-----17153- critical subjects; allotment uge, Wyo.; hunting______17173 17155 r a tio s______;______17211 San Andres National Wildlife Ref Sugarcane; Florida; fair and rea uge, N. Mex.; hunting______17173 sonable prices for 1969 crop----- 17159 FEDERAL AVIATION Notices ADMINISTRATION Baker, William S.; notice of loan Proposed Rule Making application ______17206 Flue-cured tobacco; marketing Rules and Regulations quotas______-—------17175 Control zone; alteration______17164 Control zone and transition area; FOOD AND DRUG AGRICULTURE DEPARTMENT alteration______17164 ADMINISTRATION Pilots and flight instructors; cer See Agricultural Stabilization and tification ______17162 Proposed Rule Making Conservation Service; Con Transition areas Smoked fish; good manufacturing sumer and Marketing Service; Alterations (4 documents)____ 17165, practice, etc______i____ 17176 Packers and Stockyards Admin 17166 istration. Designation______17165 GENERAL SERVICES AIR FORCE DEPARTMENT Proposed Rule Making ADMINISTRATION Transition areas: Rules and Regulations Alterations (3 documents)_____17178, Rules and Regulations Career reserve status for reserve 17179 Utilization and disposal of per officers and active duty service Designation (3 documents)____17179, sonal property pursuant to ex- commitments ______17147 17180 change/sale authority; domestic and overseas reporting______17170 ARMY DEPARTMENT FEDERAL COMMUNICATIONS Notices COMMISSION HEALTH, EDUCATION, AND Statement of organization and Rul es and Regulations WELFARE DEPARTMENT functions; description of central Radio frequency devices; RF op and field agencies_I______17203 See also Education Office; Food erated measuring devices_____ 17171 and Drug Administration. ATOMIC ENERGY COMMISSION Notices Notices Notices Common carrier services informa Public Health Service; Health tion ; domestic public radio serv Commonwealth Edison Co.; pro Services and Mental Health Ad ices applications accepted for ministration; statement of or posed issuance of provisional filin g______17214 operating license______17211 ganization, functions and dele Gulf General Atomic Inc.; issu FEDERAL MARITIME gations of authority______17210 ance of amended facility license- 17211 COMMISSION INTERIOR DEPARTMENT CIVIL AERONAUTICS BOARD Proposed Rule Making See also Fish and Wildlife Serv Notices Practice of former employees; en ice; Land Management Bureau. Hearings, etc.: largement of time for filing Notices com m ents______17182 Frontier Airlines, Inc_.«______17212 Rio Grande National Wild and International Air Transport FEDERAL POWER COMMISSION Scenic River, N. Mex.; bound Association______17212 aries, classification and develop Notices ment plans______17207 COMMERCE DEPARTMENT Hearings, etc.: See Patent Office. Homer and Smith______17213 INTERNAL REVENUE SERVICE Northern Natural Gas Co_____ 17213 Notices CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM Certain officials; delegations of SERVICE Rules and Regulations authority (9 documents) _ 17200-17203 Rules and Regulations Corporations engaged in foreign Irish potatoes grown in certain banking and financing; acting as INTERSTATE COMMERCE counties in California and trustee, conversion agent, and COMMISSION Oregon: paying a g e n t - ______17162 Expenses and rate of assess Notices ment ------17162 FISCAL SERVICE Motor carriers: Shipment limitations______17161 Notices Broker, water carrier and Proposed Rule Making Surety companies acceptable on freight forwarder applica Navel oranges grown in Arizona Federal bonds: tions ______17183 &nd designated part of Cali Aetna Fire Underwriters In Temporary authority applica fornia ; extension of time for surance Co______17200 tions ______17198 «ling data______17176 South Carolina Insurance Co__ 17200 - (Continued on next page) 17145 17146 CONTENTS LABOR DEPARTMENT SECURITIES AND EXCHANGE SMALL BUSINESS See Wage and Hour Division. COMMISSION ADMINISTRATION Proposed Rule Making Notices LAND MANAGEMENT BUREAU Registration of securities issued in Manager, Disaster Branch Office, Rules and Régulations certain reorganizations______17180 Cleveland; rescision of delega- tiòn of authority______17221 Public land orders : Notices Hearings, etc,: Alaska — ______17170 STATE DEPARTMENT Alabama Power Co______17215 C alifornia______17170 Rules and Regulations W yoming______17170 Carter Group, Inc______; 17217 Commercial; Finance Corpora Contract clauses______17166 Notices tion of New Jersey______17220 Montana ; notice of proposed Commonwealth United Corp__ 17220 TRANSPORTATION DEPARTMENT Continental Vending Machine withdrawal of mineral interest. 17206 See Federal Aviation Administra Corp — ------.-____ . . . 17220 tion. First Midwest Capital Corp___ 17216 PACKERS AND STOCKYARDS Liberty Equities Corp______17220 TREASURY DEPARTMENT ADMINISTRATION Liquid Optics Corp______17220 Metropolitan Life Insurance See Fiscal Service; Internal Reve Notices Co., and Metropolitan Varia nue Service. Hope Livestock Commission Co. ble Account A______17218 National Variable Annuity Com WAGE AND HOUR DIVISION et al.; posted stockyards______17210 pany of Florida and National Notices Variable Annuity Company of Certificates authorizing employ PATENT OFFJCE Florida Separate Account__ 17218 ment of full-time students Pacific Fidelity Corp______17220 Notices working outside of school hours St. Louis Midwest Co______17219 at special minimum wages in re Reopening certain cases after de Tuesday Capital Corp__ ; _____ 17217 tail or service establishments or cision by Board of Appeals____ 17210 United States Central Bancom- in agriculture______:__ 17221 mons, Inc______17219 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. 3 CFR 14 CFR 43 CFR Executive Order: 61___ i ______17162 P ublic Land Orders: 71 (7 documents)______17164-17166 5327 (revoked in part by PLO 3520 (modified by PLO 4717)_____17170 P roposed R ules: 4522 (revoked in part by PLO 4718) ______17170 71 (6 documents)______17178-17180 4718)______^______. . . 17170 4717 _____ 17170 7 CFR 17 CFR 4718 ___ 17170 4719 ___2______;_____ L____ 17170 849 ...... ——______- ___ 17153 P roposed R ules: 850 (2 documents)______17153-17155 230____ 17180 46 CFR 873___ 17159 239 ______17180 240 ______17180 P roposed R ules: 947 (2 documents)______17161, 17162 502______17182 P roposed R ules: 21 CFR 47 CFR 725______17175 P roposed R ules: 907—____ 17176 128a______17176 15______17171 32 CFR 50 CFR 12 CFR 28______- ...... 17173 888c______17147 211.______—...... 17162 32 (3 documents). . . ______17173 41 CFR 6-7— 17166 101-46. 17170 17147 Rules and Regulations mitments (ADSC) associated with as (j) Separation. (1) Termination of AD Title 32— NATIONAL DEFENSE signment, training, etc., is issued under by release, resignation, or discharge this authority. : (AFR 36-12 (Administrative Separation Chapter VII— Department of the Air of Commissioned Officers and Warrant Force § 888c.4 Definitions. Officers of the Air Force)). (a) Active duty (AD). (1) Full-time (2) Service Retirement (AFM 35-7 SUBCHAPTER I— MILITARY PERSONNEL duty in the active military service of the (Service Retirements)). PART 888c— CAREER RESERVE United States. (Does not include a tour (3) Disability Retirement or Separa STATUS FOR RESERVE OFFICERS of AD for training.) tion (AFM 35-4 (Physical Evaluation for AND ACTIVE DUTY SERVICE COM (2) A tour performed by a ReservistRetention, Retirement, and Separation)). or temporary officer who occupies an au MITMENTS (4) Termination of AD by expiration thorized troop space of the active military of specified period of time contract (AFR Subchapter I of Chapter VII of Title 32 establishment. 36-94 (Specified Period of Time Con of the Code of Federal Regulations is re (b) Active duty service commitment tracts (SPTC) and AFR 36-12)). vised to read as follows: (ADSC). A period of AD which an officer (5) Termination of AD by DOS estab is required to serve before becoming eli Sec. lished under cancellation of CRS pro 888c.O Purpose. gible for voluntary separation. gram (AFR 36-12). Note : ADSC replaces the term “active (k) Specified period of time contract Subpart A— General duty service obligation” and the term “period 888c.2 Statutory authority. of required service.” (SPTC). A signed statement in which a 888c.4 Definitions. noncareer officer or an appointee from 888c.6 Policy for career officers. (c) AFROTC cadets. (1) Category I-P civilian or airman status agrees to re cadet. Cadet programed to enter under main on AD in commissioned officer Subpact B— Career Reserve Status (CRS) graduate pilot training (UPT) upon com status for a specified time (AFR 36-94). 888c.8 General. missioning. 888C.10 Ineligible applicant. (2) Category I-N cadet. Cadet pro § 888c.6 Policy for career officers. 888c.l2 Application while on active duty. 888c.14 Procedures for obtaining CBS. gramed to enter undergraduate navi (a) The Air Force will be manned by 888C.16 Service after approval. gator training (UNT) upon commis volunteers to the greatest extent. There 888c.l8 Requests for cancellation of CRS. sioning. fore, a career officer will not be required 888C.20 CRS record entries. (3) Category II cadet. Nonflying cadet to serve longer than is necessary to meet 888C.22 Award of DOS. applicant pursuing a certain scientific Air Force requirements. Subpart C— Active Duty Service Commitment and engineering degree as specified by (b) A career officer will be given pri (ADSC) AFROTC. ority to develop and progress in accord 888c.24 General ADSC information. (4) Category III cadet. Any other non- ance with his potential in meeting Air 888C.26 Fulfillment of ADSC. flying cadet applicant. Force requirements. He will be given 888C.28 ADSC from accepting regular Air (d) Career officer. (1) A Regular preferential consideration for all career Force commission. officer. opportunities of assignments, training, 888c.30 ADSC for Reserve officers accepting (2) A Reserve officer who volunteerededucation, etc., such as professional CRS/commission. and was approved for and is serving in schools, and courses prescribed in AFM 888C.32 Training ADSC. CRS. 888c.34 Permanent change of station (PCS). 50-5 (USAF Formal Schools Catalog). 888c.36 Promotion of officers. (e) Career Reserve Status (.CRS). The 888c,38 ADSC for flying training. status of an officer of a Reserve compo Subpart B— Career Reserve Status 888c.40 AFIT, service schools, technical, or nent who entered AD voluntarily, or who (CRS) other training ADSC. later agreed to remain on AD, for an 888c.42 Physician or dentist training ADSC. indefinite or unlimited period. It is § 888c.8 General. 888c.44 ADSC after elimination from achieved when the Air Force approves (a) Section 888C.14 contains proce training. the officer’s AF Form 1056, '"‘AF Reserve dures for obtaining CRS. 888c.46 Acceptance of CRS while on AD. Officers’ Training Corps Category Agree 888c.48 Acceptance of Regular Air Force (b) In the interest of stability and appointment. ment,” or AF Form 1229, “Application for economy of operation of the Air Force 888c.50 Voluntary entry on AD. Career Reserve Status.” it is desirable that a qualified Reserve 888c.52 Interservice transfer. (f) Date of separation (DOS). A date officer apply for CRS. Commanders will 888c.54 Continuation pay. established according to law or policy provide an environment which encour 888c.56 Miscellaneous ADSC. for termination of a tour of AD. ages a qualified Reserve officer to apply. Authority: The provisions of this Part (g) Noncareer officer. (1) A temporary (c) Applicant must be qualified for an 888c issued under sec. 8012, 70A Stat. 488; 10 officer. Air Force commission, and certified by U.S.C. 8012, except as otherwise noted. (2) A Reserve officer who entered on MAJCOM surgeon as prescribed in AFM Source: AFR 36-51, Aug. 20,1968. AD for a specified period of duty. (Does 160-1 (Medical Examinations and Medi not include the “20 Year Active Service § 888c.0 Purpose. cal Standards). Career for Reserve Officers” program.) (d) Applicant will not perform travel This part tells how a Reserve officer (3) A Reserve officer who has canceled incident to separation or be released may obtain or cancel Career Reserve CRS. from AD before application for CRS has Status (CRS), and establishes active duty (4X Any Reserve officer with a DOS in received action by the approval/disap service commitments (ADSC) for all voluntarily established by law or policy. proval authority. officers. (Does not include the “20 Year Active § 888c.l0 Ineligible Applicant. Subpart A— General Service Career for Reserve Officers” program.) An officer is not eligible who: § 888c.2 Statutory authority. .(h) Officer. An Air Force male or fe (a) Is unable to attain entitlement for 10 U.S.C. 8012(f) authorizes the Secre male commissioned or warrant officer of service retirement before mandatory sep tary of the Air Force to prescribe regu any component or without specification aration (AFRs 36-12 and 45-26 (Volun lations to carry out his functions, powers,- of component. tary Entry on Extended Active Duty and duties. This part, wherein career and (i) Reserve component. The Air Na(EAD) of Commissioned Officers and certain noncareer officers receive and tional Guard of the United States and Warrant Officers of the Air Reserve)). must serve all active duty service com the Air Force Reserve. (b) Is ordered to AD for training. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17148 RULES AND REGULATIONS (c) Has initiated travel incident to (c) Normally, the officer who prepares conduct has rendered him suitable for separation. applicant’s effectiveness report completes trial by court-martial. § 888c. 12 Application while on active the Rating Section. (b) MAJCOM are the authorized ap duty. (d) A request for CRS from former proving authority for cancellation of (a) Procedures for obtaining CRS are CRS officer will be processed according CRS. This authority may not be re to rule 4, 5, 6, 7, or 8, § 888C.14. There is delegated. Exceptions to approval by in rules 4 through 9 of § 888C.14. Use AP MAJCOM are: Form 1229, “Application for Career Re no guarantee, implied or otherwise, that serve Status.” an officer who once served in CRS will (1) For an officer in the medical (b) Must be executed without modifi again be permitted CRS. His request career area, send request to USAFMPC cation. Conditional acceptance is not will be approved only when such action (AFMSM). authorized. is in the best interest of the Air Force. (2) For a legal officer, send request to Hq USAF (AFJAGA). § 888c.14 Procedures for obtaining CRS. (3) For a chaplain, send request to Hq USAF (AFHCHA). Rule A B C D E (4) For an officer assigned to 1035 Field Activities Group, send request to If member Is— Then he makes By preparing— And CBPO/ And, if approved USAFMPC (AFPMREB). application— MAJCOM sub it is effective the mits to approv date— (c) Requests will be approved by the ing authority, appropriate authority if officer’s effective i.e., DOS meets conditions outlined in para 1 Aviation cadet or When applying for AF Form 56...... MAJCOM Ordered to AD. graph (a) of this section and § 888C.22 student; enrolled in flying“ training, OTS or AECP. OTS, or AECP. of this part. (d) Award of DOS: (1) See § 888c.22. 2 Ordered to AD under When applying for AF Form 125____ As prescribed in AFR 45-26. AD. AFR 45-26. X - (2) If MAJCOM are unable to deter mine the proper ADSC, the case will be 3 AFROTC cadet Before entry on AD. AF Form 1056___ Professor of Aero (category I, H, or space studies. referred to USAFMPC (AFPMREB). III). (3) MAJCOM may not change a DOS 4 Line of Air Force Before entering last AF Form 1229 (in USAFMPC AF Form 1229 which has been established under this (lieutenant colonel 6 months of AD triplicate); SF (AFPMREB). was signed (note part. A change in DOS may only be and below). or SPTC. 88 and 89 (in 3). duplicate). made by action under the provisions of 6 Line of Air Force HQ USAF AFR 36-12. (This does not preclude (colonel). (AFPDX). MAJCOM from approving SPTC if re 6 Legal officer...... HQ USAF quest meets criteria of AFR 36-94.) (AFJAGA). § 888c.20 CRS record entries. 7 In medical career At any time while USAFMPC area« on AD. (AFMSM). (a) The approving authority an 8 Chaplain (note 1)__ __ Not earlier than HQ USAF notates AF Forms 1056 and 1229 for (NET) 24 months (AFHCHA). validation of CRS. The acceptance by the after entry on AD (note 2). procurement authority of AF Forms 24, 56, 125, or any properly executed agree 9 Ordered to AD under In time for effective USAFMCP Tom is completed. ment which contains “enter and remain AFR 45-22 (e.g., 10 date to coincide (AFPMREB). U.S.C. 265, 8033, with tour com on AD for an (unlimited) (indefinite) 8496). pletion date. period” constitutes validation of CRS. Make Uniform Officer Record (UOR) entries according to AFM 30-3 (Mech anized Personnel Procedures). Notes: L Chaplain applicants must obtain an ecclesiastical endorsement for CRS from their religious agency. This endorsement will be forwarded directly from the agency to Hq USAF (AFHCHA) concurrently with the CRS request. ' § 888c.22 Award of DOS. 2. If chaplain is ordered to AD for 24 months rally, waiver may be requested upon completion of 18 months AD. 3. After approval, send signed original of AF Form 1229 to USAFMPC (AFPMDRO), and signed duplicates to unit personnel record group. Send signed originals of SF 88 “ Report of Medical Examination,” and SF 89 “ Report of Rule A B Medical History,” to USAFMPC (AFPMDRO), and signed duplicates to health record group. If no other ADSC Then DOS must be— § 888c. 16 Service after approval. 12. Limiting conditions for cancellation exceeds desired date and officer is— The “20 Year Active Service Career for of CRS are: (1) Effective DOS may not be earlier 1 Attending a course of Not earlier than Reserve Officers” program establishes instruction. (NET) the ADSC the duration of an AD career and award than 6 months from date of application. Incurred from the of DOS. This does not prevent earlier (2) Effective DOS may not be earlier training. separation when required by law or than established ADSC. 2 Serving accompanied Tom completion policy. (3) Officer cannot possess assignment by dependents date; tom length selection date (ASD) as explained in oversea tom (note 1). plus approved ex Note: Minimum service requirement is as tension; or NET 12 AFM 36-11 (Officer Assignment Manual). months after prescribed in §§ 888c.30 and 888C.46. DEROS. § 888c.18 Requests for cancellation of Note: Officer may submit request when lie arrives at new station and current ADSC 3 Serving all others Date 12 months of CRS. oversea tom (note 1) tom will be com is computed. This computation includes (see § 888c.34). pleted (note 2); (a) A request may be submitted at anyADSC from training associated with the PCS. between 12 months time providing conditions of this section and tom completion (4) Officer cannot have attained eligi 4 Serving a CONUS date; tom length and § 888c.22 are met. Requests for bility for retirement on the effective stabilized tom plus approved ex (Schedule B, table tension; or NET 12 waivers of the basic eligibility for can DOS. 2-4, AFM 36-11) months after tom cellation of CRS are not authorized, and (5) Officer cannot have received noti (note 1). completion date. will be returned. An officer who believes fication from competent authority, either he can justify establishment of a DOS in writing or orally, that he is being Notes: 1. Approved tour extension according to AFM considered for action under AFM 35-4 or 36-11 is precedent to MAJCOM established DOS based other than authorized herein may submit on cancellation of CRS. AFRs 35-66, 36-2, or 36-3; has been 2. Aircrews returned from SEA due to completion of a request for separation under AFR 36- selected for action under AFR 35-62; his of combat missions are expected) FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17149 Subpart C— Active Duty Service § 888c.28 ADSC from accepting Regular Air Force commission. Commitment (ADSC) Rule A B C § 888c.24 General ADSC information. (a) In general, ADSC require a career If officer is— Then ADSC is— officer to remain on AD for a specified 1 Class of 59,60,61...... — 3 years. period of time in order to insure a rea sonable return for the expenditure of 2 USAFA graduate (see note). Class Of 62,63,64,65,66,67...... - 4 years. public funds, provide a resource of 3 Class of 68,69,70,71,72------6 years. trained officers to meet mission require 4 FY 67 Regular Air Force 4 years. ments for training, procurement, etc. appointment program and (b) The majority of ADSC results Appointed from AFROTC; > before. civilian or non-EAD Reserve from voluntary actions of the individual, 5 dentists. FY 68 Regular Air Force 5 years. e.g., accepting a commission, accepting appointment program and an AD promotion, acceptance for AFIT thereafter. or UPT/UNT, etc. Other ADSC result 6 FY 67 Regular Air Force 4 years on current tour appointment program and including 1 year of service from normal assignment actions re Before. after appointment. quired for effective utilization of the Appointed to Regular Air Force 7 on AD. FY 68 Regular Air Force 5 years on current tour, career force, e.g., PCS, advanced flying appointment program and including 1 year of service training, technical training, etc. thereafter. after appointment. (c) ADSC has been expanded to in . . . . ,f clude all service requirements that are 8 4 years. a precedent to voluntary separation. This change in terminology from “active N ote: ADSC duration is incorporated within statements of understanding executed as cadets at USAFA. duty service obligation” and “periods of § 888c.30 ADSC for Reserve officers accepting CRS/commission. required service” to ADSC does not af fect the validity of previously established A B C periods of AD which have been referred Rule to in other directives or signed If officer— Then ADSC is— agreements. 1 Before Jan. 1,1961...... 3 years. Was appointed from AF ROTC in C RS or (d) Prior ADSC which exceed the re in noncareer officer status and entered quirements of this part are reduced to senior AFROTC. comply with those stated herein. Prior 2 On or after Jan. 1,1961...... 4 years. ADSC which are less than the require Before Dec. 20,1960------3 years. • 3 Was appointed upon graduation from ments of this part are not to be increased OTS in CRS. to comply with those stated herein. 4 On or after Dec. 20, I960...... 4 years. Before Aug. 14,1962------3 years. Exception: Certain ADSC are announced 5 Volunteered for AD in CRS— ...... as effective on specific dates. In such cases, 6 On or after Aug. 14,1962------4 years. the effective dates prevail in determination Before Aug. 1,1963...... 3 years, including 1 of the ADSC. 7 year in CRS._ (e) The ADSC of rules 8E and 12E Was accepted for C RS while on AD (see 8 note). On or after Aug. 1,1963 (also see § 888c. 4 years, including 1 through and including 15E of § 888C.40, or 46). year in CRS. rules 4E through and including 10E of § 888c.42, are added to any previous un 9 Is an interservice transfer...... 4 years. fulfilled ADSC. Exception: The ADSC 10 With prior service and agreeing to 4 years. will not be added to those incurred by CRS. promotion, the 1-year ADSC for accept 11 Without prior service------2 years. ance of CRS while on AD, the 1-year 12 With prior service and agreeing to 4 years. ADSC for acceptance of Regular Air Is a Medical Service to biomedical (except CRS. dietitian, optometrist, occupational Force appointment while on AD, volun therapist). 3 years. tary entry on AD of prior service officers, 13 Without prior service...... or interservice transfer, but served con 14 With prior service and agreeing to 4 years. Is a nurse or biomedical (dietitian, optom CRS. currently with these ADSC. etrist,' occupational therapist). Without prior service...... 2 years. § 888c.26 Fulfillm ent of ADSC. 15 16 Accepted before July 1, 1966...... — 3 years. (a) In general, an officer is obligated Is a legal officer______...... to accept any duty assignment directed 17 Accepted on or after July 1,1966------4 years. by the appropriate assignment authority. 3 years. (1) A career officer who has not sub 18 mitted a request for separation is consid N ote: A physician or dentist who volunteered for CRS on or after July 1, 1965, incurs an ADSC of 2 years, in ered to be serving in career status volun cluding 1 year in C RS. tarily. Therefore, he incurs and serves all ADSC associated with assignment and § 888c.32 Training ADSC. (4) Because of unique Air Forcé re training. quirements, it may be necessary to direct (a) Flying training. (1) ADSC aretraining for requalification or special (2) A noncareer officer or any other contained in § 888C.38. crew qualification training in an aircraft officer who possesses a DOS established (2) Compute ADSC based on the course in which an officer previously received by voluntary request, law, or policy con tinues to incur ADSC, but will not be length listed in AFM 50-5 (USAF Formal formal training and incurred an ADSC. required to serve beyond the DOS except Schools Catalog); if not listed, the No ADSC will be incurred for the sup under extraordinary circumstances. course length announced by the MAJ plementary training. Later election of continued service (e.g., COM conducting the course. (b) Technical training, AFIT, service CRS, withdrawal of separation request, (3) Additional ADSC is not incurred schools, and miscellaneous training. (1) extension for indefinite periods under the “20 Year Active Service Career for for completion of formal combat or spe ADSC are contained in § 888c.40. Reserve Officers” program, etc.) will re cialized training, provided it is entered (2) Compute ADSC on the basis of sult in a requirement to serve the bal within the first year after award of an calendar weeks from the date the stu ance of outstanding ADSC. aeronautical rating. dent reports until the departure date FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17150 RULES AND REGULATIONS from the training facility. Fraction of a (c) An officer assigned to an oversea Exception: A Reserve officer who was en week is considered 1 week. area serving an unaccompanied tour will titled to retire in a permanent grade equal (c) Medical Service Corps, Veterinary have an ADSC of 1 year. ADSC accrues to or higher than the temporary grade is exempted from this ADSC if temporary pro Corps, Biomedical Sciences Corps (in from date departed CONUS. Exceptions: motion was before Mar. 1, 1967. cluding Dietitians, Occupational and (1) This ADSC is reduced fqr an of Physical Therapists, and Optometrists), ficer who returns from SEA in less than (b) An officer promoted to the AD and Nurse Corps Officers. ADSC are con 1 year due to completion of tour. grade of CWO W-3, CWO W-4, major, tained in § 888c.40. (2) ADSC is incurred for PCS within lieutenant colonel, or colonel on/after (d) Fellowships, scholarships, and or between oversea theaters. ADSC ac July 1, 1967, incurs an ADSC of 2 years grants. (1) ADSC are contained in crues from date departed last duty sta from the effective date of the promotion. § 888C.40. tion. However, ADSC does not extend Completion of ADSC is a specific condi (2) If purpose of the award is to per DEROS established pursuant to AFM tion precedent to any voluntary separa mit officer to work on project of value 36-11 (Officer Assignment Manual). tion. Exception: An officer serving a fixed to the Air Force rather than fulfill re tour of duty pursuant to AFR 45-22 (Re quirements of an acadefriic degree, this (d) An approved oversea tour exten serve Component Representation) does will be stipulated a t time of approval by sion does not extend the ADSC associ not incur an ADSC which extends the AD ated with the tour. An approved oversea tour. USAFMPC (AFPMRED). tour curtailment decreases the ADSC (3) As a condition of acceptance, re (c) A Reserve officer in noncareer cipients of the fellowship, scholarship, accordingly. status who has a DOS which occurs be or grant agree in writing to serve the § 888c.36 Promotion o f officers. fore fulfillment of the ADSC must sign ADSC (see AFR 36-95 (Fellowships, a SPTC to insure that separation and (a) An officer promoted to the ADfulfillment are concurrent. Other officers Scholarships, and Grants) ). grade of CWO W-3, CWO W-4, lieuten (e) Physician and dentist training. with pending or approved voluntary ant colonel, or colonel before July 1,1967, separation will request it be withdrawn (1) ADSC are contained in § 888c.42. incurred an ADSC of 2 years from the or the DOS changed to be concurrent (2) Attendance at a nonmedical train effective date of promotion. However, with fulfillment. A Reserve officer with ing program results in ADSC as pre completion of the ADSC is a specific con DOS established under the ”20 Year Ac scribed in § 888C.40 or elsewhere within tive Service Career for Reserve Officers” dition that must be fulfilled before volun Program and a non-Regular warrant of this part. tary retirement. It does not preclude re (3) ADSC is not incurred for a course ficer will have his DOS changed auto quests for separation under AFR 36-12. matically by USAFMPC (AFPMARB). of less than 10 weeks. Nevertheless, mini mum service requirements of AFR 36-94 § 888c.38 ADSC for flying training. apply for attendance. (f) Elimination from training. (1) Rule A B C D ADSC are contained in § 888C.44. If training is— And was entered— For a period of— Then ADSC (served (2) An officer eliminated from flying concurrently with training due to physical disqualification existing ADSC) is— 1 Before Jan. 1,1970...... 4 years. begins fulfilling his ADSC on the date UPT or U N T...... placed on “duty not involving flying” 2 On/after Jan. 1,1970...... 6 years (note 1). (DNIF) status. 3 Less than 4 weeks...... 1 year. (3) An officer who fails to complete a 4 Formal combat or 4 or more weeks but less 2 years. course under the Bootstrap Tuition As specialized conducted by than 8 weeks. MAJCOM or established sistance Program (AFM 213-1 (Opera 6 AF school (note 2). 8 or more weeks but less 3 years. tion and Administration of the Air Force than 12 weeks. Education Services Program) ) is ex 6 12 or more weeks...... 4 years. empted from § 888C.44 when: N otes: 1. The majority of officers who enter training on/after Jan. 1, 1970 will have previously executed AF Forms (i) Reimbursement to the Govern 66,1066, etc., or statements reflecting the 6-year ADSC. It is anticipated that some officers entering will have executed ment is required. agreements indicating a 4-year ADSC. This group will be ADSC, AFROTC officers who are delayed due to approved educational deferments, and USAFA graduates of Class ’69 who participate in the “Hump Back” graduate program. (ii) Reimbursement to the Govern The 4-year ADSC will apply for all these categories, even though entry is on/after Jan. 1, 1970. 2. All training received in the type aircraft, flying training course(s),'or for the duty assignment^) listed below will ment is waived. result in a 1-year ADSC, regardless of the length of training. The 1-year ADSC will be considered satisfied upon (iii) The Government is reimbursed completion of a tour in SEA, if such occurs before 1 year: (a) ALO/FAC; (b) USAF Special Fighter Training Course (F-105), Course #1115060; (c) A-l; (d) A-26; (e) C-7A; (f) C-47; (g) C-123; (h) 0-1; (i) 0-2; (j) OV-10; (k) SAW Train voluntarily. ing Course, T-28 Pilot #111103Z; 0) U-6; (m) U-10. (iv) An officer eliminated from AFIT, § 888c.40 AFIT» service schools, technical, or other training ADSC. professional education or training with industry program, scholarship, fellow A B C D E ship, or grant as the result of self- Rule If training is— And was entered— For a period of— Then ADSC is And is initiated action is required to serve thè (note 1)— served— ADSC incurred from § 888c.40 rather than § 888c.44. 1 Before Dec. 4, 1959.. Equal to length of Concurrently directed duty; with exist § 888c.34 Permanent change of station ing ADSC; (PCS). 2 On/after Dec. 4, Less than 10 weeks.. 1 year. 1959, but before (a) A PCS to a CONUS station results Oct. 1, 1963. 3 10 or more weeks 2 years. in an ADSC of 1 year from date departed but less than 20 last duty station. weeks. (b) An officer assigned to an oversea 4 AFIT professional 20 or more weeks 3 years; education or train but less than 12 area whose dependents accompany or ing with industry months. join him lias an ADSC of the duration except special short 5 courses. 12 or more months 4 yean; of prescribed accompanied oversea tour. but less than 24 ADSC accrues from date departed months. CONUS. See footnotes at end of table. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 § 8 8 8 c. 40 AFTT, service schools, technical, or other training ADSC—Continued § 888c.40 AFIT, service schools, technical, or other training ADSC----Continued A B o D E A B C D E Buie If training is— And was entered— For a period of— Then ADSC is And is Buie If training is— And was entered— For a period of— Then ADSC is And is (note 1)— served— (note 1)— served— 6 24 or more months. _ 4 years, plus 2 21 (AFR 36-95)...... On or after Jan. 1, Whichever is months for each 1969, and before longer—the additional/frao- fulfillment of period of ADSC tion month. ADSC for award for commission of AF commis plus length of 7 On/after Oct. 1, 3 times length of sion. training, or 3 1963, but before course. s times length of Feb. 13, 1964. education or training period. 8 On/after Feb. 13, 3 times length of Consecutively 1964. course. to existing 22 On or after Jan. 1, 3 times length of ADSC. 1969, and after education or fulfillment of training period. 9 Before Oct. 1,1963.. Less than 6 months. 2 years...... Concurrently ADSC for award to existing of commission. 10 ADSC. 6 or more months 3 years...... 23 Nat. War College, Air Operation Bootstrap but less than 12 War College, TDY programs months. Industrial College (AFM 213-1). of the Armed 11 On/after Oct. 1, 3 times length of Forces, Armed 1963, but before TDY. Forces Staff College, Feb, 13,1964. Comd. and Staff College, or comple 12 On/after Feb. 13, 3 times length of Consecutively tion of training at REGULATIONS AND RULES 1964. TDY. to existing ^comparable schools ADSC. or other forces or nations. 13 On/after Jan. 1, 6 months for each 1961, but before school year Legal training in an 24 Operation Bootstrap 2 years after termi Sept. 1,1968. (note 2). with tuition nation of class. excess leave stfatus assistance (AFM 14 (AFR 36-7). T On/after Sept. 1, 1 month for each 213-1). 1968. month of school year (note 2). 25 With Manned Space 2 years after 15 Professional training craft Cen (NASA), termination of On/after Jan. 1, AFTT training...... 3 times length of Houston, Texas tour. for medical service. 1966. course. (note 4). 16 Officers (except Military facility...... 3 times length of Concurrently ' 26 SAC Missile ORT Before Aug. 1, 1963.. 3 years...... physicians and course. with existing Course. dentists) and part ADSC. is performed under 27 Sq Officer School, AFIT and Academic In remainder in a structor School military (AU), or com establishment. parable schools of 17 AFIT Minuteman other forces or Missile Combat nations. Crew Education Program. 28 Technical training Less than 20 weeks.. 6 times length of including AFR course. 18 ;50-9; AFIT special ATC Missile Course... On/after Oct. 1, 10 times length of 29 /short courses; 20 or more weeks 3 years...... 1963 (SAC: on/ course (note 3). weather officer but less than 12 after Aug. 1, courses; eduction or months. 1963), but before professional training Feb. 29,1968. 30 requiring absence 12 or more months 4 years...... 19 from duty not but less than On/after Feb. 29, specifically shown 24 months. 1968. in other portions of 1 31 this part. 24 or more m onths.. 4 years, plus 2 20 Fellowship, scholar Before Jan. 1, 1969__ 3 times length of ship, or grant. months for each education or additional/ training period. fraction month; See footnotes at end of table. 32 Off-Duty Proficiency On/after Apr. 3, 1 year after com Education and 1964. pletion of the Training Program course. conducted by AFSC. 17151 No. 204- -2 FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17152 RULES AND REGULATIONS Notes: 1. If ADSC computed is less than 61 days, no fulfillment is required. If ADSO computed is 61 or more § 888c.46 Acceptance of CRS while on days but less than 181 days, a 6-month ADSC applies. AD. 2. The period of legal education cannot be used to satisfy previously incurred ADSC. 3. Total OBR and OZR training time counts in determining an ADSC, regardless of whether training is received at A noncareer officer who later accepts one or more technical training centers. 4. Formalized by USAF/NASA Memoranda of Agreement, July 15, 1965, and Oct. 5,1967. CRS incurs an ADSC to serve a minimum of 4 years active service on his current § 888c .42 Physician or dentist training ADSC. tour, including 1 year as a career Reserve officer after acceptance. Rule ABC DE § 888c.48 Acceptance of Regular Air If training is— And is conducted For a period of— Then ADSC is— And is served— Force appointment. at a— ADSC are contained in § 888c.28. 1 Education leading to 3 times length of course Concurrently MD degree, Regular after completing in with existing § 888c.50 Voluntary entry on AD. or Reserve officer ternship (note 1). ADSC. (AFRs 36-13 or ADSC are contained in § 888c.30. 36-25). § 888c.52 Interservice transfer. 2 3 years after complet student program. ing internship. An officer of the Armed Forces of the United States who transfers voluntarily 3 to the Air Force incurs the ADSC con 4 Consecutively tained in §§ 888c.28 and 888C.30. with existing 5 Civilian hospital 2 years for first year, . ADSC. § 888c.54 Continuation pay. or institution. plus 1 month for each additional/fraction (a) A Medical Corps officer awarded month. continuation pay under APR 36-8 (Con Residency (note 2)___ 6 Military facility 1 year for each year, tinuation Pay for Medical Corps Officers) (note 3). ■ plus 1 month for incurs a 1 year ADSC for each year he each additional/ fraction month. agrees to remain on AD. Effective date of ADSC is signature date of continuation 7 Civilian hospital 10 through 52 2/years...... or institution. weeks. statement or completion of his definitive service requirement as defined in AFR 8 More than 52 2 years, plus 1 month weeks. for each additional/ 36-8. Receipt or nonreceipt of continua Postgraduate or pro fraction month. tion pay has no effect on requirement to fessional education fulfill other outstanding ADSC. 9 and training (note Military facility... 10 through 52 2). weeks. (b) No ADSC incurred by a Medical Corps Officer as a result of residency or 10 More than 52 1 year, plus 1 month for weeks. each additional/ professional education and training shall fraction month. extend beyond the date he completes 8 years of AD as a Medical Corps officer, N otes: 1. Periods of duty performed at military locations are not included in the computation. provided he is eligible to, and later does, 2. Fulfillment of ADSC previously incurred is suspended during attendance. execute a statement to remain on AD 3. Required training in a civilian institution is considered continuation of military residency. under AFR 36-8. If, at any time there § 888c.44 ADSC after elimination from training. after, the officer fails or is ineligible to execute consecutive AD statements under Rule A B C D AFR 36-8 (which will require him to serve If elimination is from— Conducted at a— And termination point Then ADSC is— at least 1 year beyond the date to which was— he was otherwise committed), he will at that time incur an ADSC to remain on 1 AFIT Minuteman Missile Less than 12 months...... 1 year. Combat Crew Educa AD until 1 year after the date to which he 2 tion Program. 12 months or more______2 years. would have been, committed had this not 3 Civilian hospital or Before completing 1 year.. 2 years. been in effect. For officers subject to the institution. provisions of this section, include the following statement in their continuation 4 After completing 1 year... 2 years, plus 1 month for each additional/ agreement: “I have read and understand fraction month. the provisions of paragraph 21, AFR 36- Medical/dental residency... 5 Military facility...... Before completing 1 year.. 1 year. 51.” Notwithstanding provisions of this paragraph, the UOR will reflect one of 6 After completing 1 year... 1 year, plus 1 month for each additional/ the following ADSC dates, whichever is fraction month. later: (1) That incurred from residency or 7 Civilian hospital or Before 50% completed...... Equal to incompleted institution. portion. professional education and training (rules 5 through and including 10, 8 50% or more completed.— 2 years. Medical postgraduate § 888C.42) plus 1 year. 9professional education: Military facility...... Before 50% completed.___ Equal to incompleted (2) That incurred from execution of portion. the continuation statement. 10 50% or more completed__ 1 year. (c) If the CBPO or MAJCOM are un able to determine the proper ADSC for 11 Before completing 1 year.. 2 years. Medical education leading continuation pay, the case will be re 12 to MD degree. After completing 1 year... 2 years, plus 1 month ferred to USAFMPC (AFMSM). for each additional/ fraction month. § 888c.56 Miscellaneous ADSC. 13 Other than medical serv Less than 10 weeks...... 1 year. Under certain conditions USAFMPC ices and categories in 14 § 888c.32(f)j 10 or more weeks...... 2 years. (AFPMREB) establishes an ADSC on an individual basis to cover a unique situa tion. The individual must acknowledge FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17153 the ADSC In writing. Miscellaneous (Secs. 302, 403, 61 Stat. 930 as amended, 932; State Acres 7 U.S.C., 1132,1153) M aine______— 19,532 ADSC are handled by separate cor Michigan ______83,450 respondence, and are recorded on the Effective date: Date of publication. M innesota______144,255 UOR. Signed at Washington, D.C., on Octo Missouri ______1___ — 176 By order of the Secretary of the Air M ontana______61,003 ber 17, 1969. Nebraska______— 77,628 Force. K enneth E. F rick, Nevada ______1,696 Alexander J. P alenscar, Jr., Administrator, Agricultural Sta New Jersey______872 Colonel, V.S. Air Force, Chief, bilization and Conservation New Mexico______5,460 Special Activities Group, Of Service. New York______15,638 fice of The Judge Advocate North Dakota______83, 915 General. [F.R. Doc. 69-12679; Filed, Oct. 22, 1969; O h io______33,453 8:48 am .] Oregon ______21,687 [F.R. Doc. 69-12565; Piled, Oct. 22, 1969; Pennsylvania______- 1,000 8:45 am.] T ex a s______^----- 40,784 PART'850— DOMESTIC BEET SUGAR Utah ______30,008 PRODUCING AREA W ashington______56,393 Wyoming ______58, 943 Title 7— AGRICULTURE Proportionate Shares for Farms; 1970 Crop S tatement of B ases and Considerations Chapter VIII— Agricultural Stabiliza Sugar Act requirements. As a condi tion and Conservation Service Pursuant to the provisions of section tion for payment to producers, section (Sugar), Department of Agriculture 302 of the Sugar Act of 1948, as amended 301(b) of the Act provides that there (herein referred to as “act”), after in shall not have been marketed (or proc SUBCHAPTER G— DETERMINATION OF - vestigation, and consideration of evi essed) , except for livestock feed or for PROPORTIONATE SHARES dence presented at the public hearing the production of livestock feed, an [849.2, Rev. 3, Amdt. 2] held in San Francisco, Calif., on July 23, amount of sugar beets grown on the farm 1969, the following determination is and used for the production of sugar or PART 849— DOMESTIC BEET SUGAR hereby issued: PRODUCING AREA PREVENTED liquid sugar in excess of the proportion §850.214 National acreage require ate share for the farm, if farm propor ACREAGE CREDIT; 1967 AND SUB ment, contingency acreage, and State tionate shares are determined by the SEQUENT CROPS acreage allocations. Secretary pursuant to section 302 of the (a) National acreage requirement. A Act. The term “proportionate share” is Prevented Acreage Credit, Scope, the individual farm’s share of the total Purpose, and Procedure national sugarbeet acreage requirement of 1,450,000 acres is hereby established acreage of sugar beets required to enable Pursuant to the provisions of section for the 1970 crop of sugar beets. the producing area to meet its quota 302(b) of the Sugar Act of 1948, as (b) Contingency acreage. One thou (and provide a normal carryover inven amended, § 849.2 (32 F.R. 6432; 33 P.R. sand (1,000) acres are reserved from the tory) as estimated by the Secretary for 11392; 34 P.R. 6237) is amended by re national acreage requirement for use by the calendar year during which thè vising the last sentence of paragraph (e) the Deputy Administrator, State and larger part of the sugar from such crop (2) to read as follows: County Operations, Agricultural Stabili normally would be marketed. Section 302(a) provides that the § 849.2 Prevented acreage credit, scope, zation and Conservation Service, U.S. Department of Agriculture. He may allo amount of sugar with respect to which purpose, and procedure. payment may be made shall be the • * * * * cate it to States (1) to provide acreage, otherwise unavailable, for increases in amount of sugar commercially recover (e) * * * shares granted by him on the basis of able from the sugar beets grown on the (2) * * * Notwithstanding the foreappeals made to him in accordance with farm and marketed (or processed by the going provisions of this subparagraph, Part 780 of this title, (2) for the purpose producer) for sugar or liquid sugar not in for the 1969 and subsequent crops, infor of rectifying misapplications of these excess of the proportionate share for the mation of prevented acreage may be regulations or errors in establishing farm, if farm proportionate shares are reported to a county committee after the shares, and (3) to provide acreage for determined by the Secretary. date specified in this subparagraph if other contingencies, the meeting of Subsections (1), (2), and (5) of sec the county committee determines that which are deemed necessary to carry out tion 302(b) provide that in determining the person reporting such information the operations of the Act. . proportionate shares with respect to a failed to file a timely report because of farm, the Secretary may take into con illness or other reason beyond his control. (c) State acreage allocations. After sideration the past production on the * * * • * * deducting the acreage as heretofore pro farm of sugar beets marketed (or pro vided in this section, the balance of the cessed) for the extraction of sugar or Statement of bases and considerations. national acreage requirement totaling 1,- One of the conditions of eligibility of a liquid sugar and the ability to produce 449,000 is allocated to States by applica such sugar beets; that the Secretary may sugar beet producer for prevented acre tion of the following formula: The larger age credit is that information of such also, in lieu of or in addition to the past of (1) 70 percent of the 1969 acreage plus production of farms, take into considera Prevented acreage be reported or brought 30 percent of the 1967-68 average acre to the attention of the county committee tion the sugar beet production history age, or (2) 85 percent of the highest of a person who was the farm operator by a prescribed date. acreage for any year during the period It has been brought to the attention of during the base period in any State or 1965-69. The resulting base acreages are substantial portion thereof in which he the Department that some farms which then factored to the national acreage might otherwise be eligible for prevented determines that sugar beet production requirement less the contingency re is organized generally around persons acreage credit could not qualify for such serve. The acreage allocations resulting credit because the operators of these rather than units of land, other than a from application of this formula are as State or substantial portion thereof farms failed to file a timely report for follows: reasons beyond their control. This wherein personal sugar beet production amendment provides that in such cases, State Acres history of farm operators was not used those farms could be eligible for pre A rizona______26,845 generally prior to 1962 in establishing Arkansas 58 farm proportionate shares. Provision is vented acreage credit, beginning with the California______293,290 1969 crop. also made that the Secretary shall in Colorado______172,178 sofar as practicable, protect the inter Accordingly, I hereby find and con Idaho ______178,093 Illinois______799 ests of new producers and small pro clude that the foregoing amendment will Ind ian a______42 ducers, and the interests of producer^ effectuate the applicable provisions of the Iow a______2,140 who are cash tenants, share tenants or Act.' Kansas ______39,662 sharecroppers, and of the producers in FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, T969 17154 RULES AND REGULATIONS any local producing area whose past pro tional Acreage Requirement less the a 10 percent weight to 1967, and pro duction has been adversely, seriously and contingency acreage. ducers representing 5 percent felt that generally affected by drought, storm, 3. Set asides of not less than one-half 70 percent weight to the 1969 crop was flood, freeze, disease, or insects, or other of 1 percent of each State allocation insufficient. Processor representatives similar abnormal and uncontrollable would be made for each of the three were about divided on the method of conditions. categories—new producers, adjustments State allocations. One, speaking for three General. Sugar production in the sugar in initial farm proportionate shares, and companies, supported the Department’s beet area was less than the area’s mar appeals. proposal while another recommened the keting quota for 3 successive years, 1965 4. Proportionate share allotment areas larger of the simple average of 1967, through 1967. Production from the 1968 (such as an area served by one or more 1968, and 1969 acreages or 80 percent of crop of 3.5 million short tons, raw value, beet sugar companies) would be estab the 1969 acreage. exceeded marketings by about 400,000 lished at thé" option of the State ASC The spokesman for a majority of the tons and increased somewhat the badly committee. growers recommended that the formula depleted inventories. 5. If allotment areas are involved, a used to establish State allocations also This year approximately 1,660,000 base acreage for each area would be be used to establish area allotments and acres were planted to sugar beets, an established (a) by applying the formula farm bases unless the use of another increase of 11 percent over the 1,495,465 used to establish State bases or, (b) at formula is justified by the State commit acres planted to the 1968 crop. Condi the level of its largest accredited acreage tee from the standpoint of equity. Other tions of the crop as of September 1 sug during any of the years of 1965 through grower spokesmen recommended that the gests that sugar production may be of 1969 or (c) by giving a weighting of 70 State committee be given wide discre the order of 3,820,000 tons—9 percent percent to 1969 acreage and 30 percent tion in this respect and, in the case of more than from the previous crop. to the 1967-68 average acreage. one of these spokesmen, other matters If that production is achieved, the 6. Area allotments would be estab affecting the establishment of propor effective inventory of beet sugar may in lished by factoring area bases to the tionate shares. crease from 2,651,000 tons at the begin State allocation less the set-asides. The processor representatives gener ning of this year to about 3,255,000 at 7. Individual farm bases would be es ally concurred in the submissions made the end. That level of stocks would be tablished within each area of a State by by their grower counterparts regarding much more than adequate to assure that use of one of the three formulae enu the 1970 program. the area meets its marketing quota and, merated in item 5 for establishing area There was general agreement on the indeed, is about a quarter of a million allotments, as selected by the State other proposals made by the Depart tons in excess of a desirable level. In committee. In land history regions, the ment at the hearing. the absence of acreage restrictions, it history of the farm (as constituted for Determination. This determination es is highly probable that production from 1970) would be used. In regions where tablishes a national requirement of the 1970 crop would add still more to the personal history of farm operators is 1,450,000 acres, which is 12.7 percent less the inventories. Accordingly, after three permitted under the Sugar Act, and is than plantings to the 1969 crop. Consider unrestricted crops, 1970 acreage must used, farm bases would be calculated by ing the acreages that will probably be be restricted to avoid production greater using such personal records or a com planted within this limitation, and the than that needed to meet the quota and bination of land and personal history. estimated yield of sugar per acre, this provide for carryover requirements. 8. Initial farm proportionate shares acreage requirement should enable the Public hearing. A public hearing was would be established by factoring farm sugar beet area to attain a relationship held on July 23, 1969, in San Francisco, bases to area allotments less the set- between the effective inventory and the Calif., at which interested persons had asides or, where areas are not created, following year’s quota more in line with the opportunity to testify on all mat to the State allocation less the set-asides. that suggested by the Congress (82 to ters relating to the establishment of Where appropriate, adjustments would 90 percent). Estimated production based 1970 crop proportionate shares, including be made in such shares. on the national objective of 1,450,000 the level of the National Sugar Beet 9. Reallotment of unused acreage acres suggests that the resulting effective Acreage Requirement. The Department would be made first among farms within inventory on January 1, 1971, would presented a statement to serve as a basis allotment areas and then among farms for the discussion on the methods of amount to 94 percent of the expected in other allotment areas of the State. 1971 marketing quota. carrying out a possible acreage restric Such reapportionment would not be In determining State allocations, a tion program. made after a date approximately 30 days base acreage was established for each The Government witness suggested before the beginning of harvest in an sugar beet producing State at the larger that a National Acreage Requirement be allotment area. of (a) 70 percent of the 1969 acreage established for the 1970 crop at a level All who testified or submitted briefs plus 30 percent of the 1967-68 average estimated to be needed to enable the recognized the need to limit production. acreage, or (b) 85 percent of the high area to meet its quota and carryover re Representatives for the large majority est acreage for any year during the pe quirements and made the following ad proposed 1,425,000 to 1,450,000 acres as riod 1965-69. The resulting base acreages ditional proposals: the national objective with most favor were then factored to 1,449,000 (1,450,000 1. A contingency of 1,000 acres would ing the smaller figure. The majority of less the contingency reserve of 1,000 be established for use by the Deputy Ad witnesses supported the principle of giv acres). ministrator, State and County Opera ing consideration to States with erratic The determination of State allocations tions, Agricultural Stabilization and production records as proposed by the by this formula minimizes the year-to- Conservation Service, for the purpose of Government as a base for State allot year impact on growers of the reduction correcting errors in establishing farm ments. Most, however, felt that 90 per in acreage, yet recognizes to some extent proportionate shares and to meet other cent weight to the largest crop in the stability of production, and enables contingencies. last five for such States was too liberal States with erratic records to remain in 2. The National Acreage Requirement and in view of that suggested 80 percent. production despite low acreages in most less the reserve for contingencies would Representatives of producers accounting years. be distributed to States having an ac for two-thirds of the 1969 acreage sup The provisions of this determination credited acreage record in any of the ported the proposal that 1969 acreage be provide an equitable basis for e s t a b lis h years 1965 through 1969. A base acreage given a weighting of 70 percent and the ing proportionate shares for the 1970 for each such State would be established average of 1967-68 be given a weighting crop of sugar beets. at the larger of (a) 70 percent of the of 30 percent; producers accounting for Accordingly, I hereby find and con 1969 acreage plus 30 percent of the 1967- 19 percent of 1969 acreage recommended clude that the foregoing determination 68 average acreage or (b) 90 percent of a simple average of the 5-year period, will effectuate the applicable provisions the highest acreage for any of the years 1965-1969; producers representing 8 per of the Sugar Act of 1948, as amended. 1965 through 1969. The resultant base cent recommended a 60 percent weight (Secs. 301, 302, 403, 61 Stat. 929, 930, as acreages would be factored to the Na to 1969, a 30 percent weight to 1968, and amended, 932; 7U .S .0.1131,1132, 1153) FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17155 Effective date. Date of publication. to certification of acreage and land use companies, a county or a group of coun in lieu of farm inspection and measure ties. The committee shall divide the Signed at Washington, D.Ç., on Octo ment are set forth in Part 718 of this title State acreage allocation established in ber 16, 1969. and in § 891.17 of this chapter. Regula § 850.214 among such allotment areas as Clifford M. Hardin, tions governing requests and appeals by provided in paragraph (b) of this Secretary of Agriculture. producers for reconsideration or review section. [F.R. Doc. 69-12678; Piled, Oct. 22, 1969; of determinations by county or State (b) Establishing area bases and allot 8 :4 8 a .m .] committees or the Deputy Administrator ments. Bases for areas within a State are set forth in Part 780 of this title and shall be established by the State com § 891.7 of this chapter. The national mittee by using one of the following: PART 850— DOMESTIC BEET SUGAR sugar beet acreage requirement, State (1) The larger of (i) 85 percent of the PRODUCING AREA acreage allocations and contingency area’s largest accredited acreage during reserve are set forth in § 850.214. any of the years of 1965 through 1969, or Proportionate Shares for Farms; (ii) 70 percent of the area’s 1969 ac 1970 Crop § 850.216 Administration of proportion- credited acreage plus 30 percent of the Sec. ' ate share program. area’s 1967-:68 average accredited acre 850.215 Definitions and general provisions. (a) State committee responsibilities. age; (2) the area’s largest accredited 850.216 Administration of proportionate In each State, the State committee shall ‘share program. acreage during any of the years 1965 850.217 Establishment of allotment areas be responsible for establishing farm through 1969; (3) 70 percent of the and allotments therefor. shares in accordance with and as pro area’s 1969 accredited acreage plus 30 850.218 Requests for shares. vided in this Part 850. The committee percent of the area’s 1967-68 average 850.219 Set-aside acreages for new pro may obtain for its assistance the recom accredited acreage or (4) such other ducers and students, adjustments mendations from individual growers, formula selected by the State committee in old- and new-producer shares grower organizations, processors, and the need for which is justified to and and appeals, and adjustments in other interested persons at a meeting or approved by DASCO for application to shares of small old-producer meetings to be held by the committee. farms. one or more of the area’s accredited 850.220 Eminent domain. (b) Basic determinations. The State acreage records during the years of 1965 850.221 Establishment of farm bases. committee shall make the following through 1969. The State allocation less 850.222 Establishment of initial shares for determinations in writing: the set-asides required to be made under old-producer farms. (1) The subdivision of the State into § 850.219 shall be prorated to allotment 850.223 Adjustments in shares for old-pro allotment areas, where applicable. areas in accordance with the area bases. ducer farms. (2) Set forth the formula for deter (c) State not divided. If the State is 850.224 Establishment of shares for old- mining area bases and the resultant al not divided into allotment areas, the producer farms. lotment for each area within the limita 850.225 Establishment of shares for new- State shall be deemed to be one allot producer farms. tions and provisions of § 850.217(b). ment area and farm bases and shares 850.226 Establishing shares to coincide with (3) Set forth the method for deter shall be established directly from the requested or planted acreages. mining farm bases in each allotment State allocation less the set-asides re 850.227 Distribution of Unused acreage. area within the State and the extent, if quired under § 850.219. 850.228 Determination of shares for recon any, that credit will be given for ac stituted farms. credited acreages of farms in a personal § 850.218 Request for shares. 850.229 Improper use of personal history history area within the provisions of (a) Filing requests by operator. The record in establishing shares. § 850.221, operator of a farm for the 1970 crop Authority : The provisions of §1850.215 (4) The level of the acreage set-asides desiring a share shall file a request there to 850.229 issued pursuant to sec. 302 of the for new-producer farms and for farms for on Form SU-100 with the local Sugar Act of 1948, as amended; secs. 301, operated by students on test plots under county ASCS office on or before the 302, 403, 61 Stat. 929, 930, as amended; 932; accredited educational programs. applicable State qlosing date shown in 7 U.S.C. 1131, 1132, 1153. (5) The minimum acreage which the paragraph (e) of this section. A request § 850.215 Definitions and general pro committee determines is economically for a share with respect to a farm to be visions. feasible to plant as a new-producer farm operated by a corporation, association, (a) Definitions. (1) “Act,” “Secre share and the method of distributing partnership, or joint operators shall be tary,” “D e p u t y Administrator or such new-producer farm shares. made in the name of the corporation, DASCO,” “State Committee,” “County (6) The level of each of the acreage association, or partnership or in the Committee," “Producer,” “Operator,” set-asides for appeals and adjustments. names of all joint operators. “Personal History Area,” “Farm History (7) The level of minimum shares for (b) Request filed by owner of land or Area,” “Share,” and “Accredited Acre small old-producer farms, if such mini prospective operator. An owner of land age” shall have the meaning set forth in mum is determined by the committee, which has an accredited acreage record Part 891 of this chapter. and the level of the set-aside required in the base period when the operator of (2) “Farm” shall have the meaning set to establish such minimum shares. his 1970 farm is not known prior to the forth in Part 822 of this chapter. (8) Designation of county committees, closing date for filing requests, or a pro (3) “Old-producer farm” means any if any, authorized to rate new-producer spective operator in a personal history farm for which a 1970 crop farm base is requests for shares. area who has an accredited acreage rec established pursuant to § 850.221. (c) Review by DASCO. Determina ord in the base period but who does not (4) “New-producer farm” means a tions shall be reviewed by DASCO for know prior to such closing date what farm for which a 1970 crop farm base conformity with the provisions of this land his 1970 farm will include, may file may not be established pursuant to part, shall be subject to the approval of the request for share on or before the § 850.221. DASCO before use and shall be available closing date. Such requests will be con (5) “Base period” means one or more for public inspection in Agricultural sidered as preliminary requests to be of the crop years of the period 1965 Stabilization and Conservation Service used as a basis for establishing tentative through 1969 selected by the State com State and county offices. The determina shares. A completed Form SU-100 must mittee for establishing, area allotments tions for each State shall be effective be filed as provided in § 850.224(b) be when published in the F ederal R egister. fore a final share may be established. and farm proportionate shares. (c) Information required. Except as (6) “County ASCS office” means the § 850.217 Establishment of allotment provided in paragraph (b) of this section, Agricultural Stabilization and Conserva areas and allotments therefor. each request shall specify the location of tion County Office. (a). Dividing State into allotment the land, and the identity of the farm, (b) General provisions. Regulations areas. Before establishing shares, the and shall include a statement that the Pertaining to general conditional pay State committee may divide the State person (or persons) signing the request ment provisions are set forth in Part 891 into allotment areas such as the terri will be the operator (s) of the farm de of this chapter. Regulations pertaining tory (s) served by one or more beet sugar scribed therein at the time of planting FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17156 RULES AND REGULATIONS 1970 crop sugar beets thereon, that the grams, except that such set-asides will to which farm accredited acreage history land specified in the request is all of the not be required if the minimum acreage has been credited based upon the pro land that he (or they) will farm in the for a single new-producer share, as de duction record of the farm during the State as the operator thereof for sugar- termined pursuant to § 850.216(b) (5) ex base period and for which a request for beet production, that he (or they) plans ceeds the minimum acreage required to share is filed pursuant to § 850.218 or for to continue as operator(s) of the farm be set aside pursuant to this paragraph. which a base is to be established pursu throughout the 1970 crop season and (b) Adjustments in old- and new-pro ant to § 850.220. In establishing farm that he (or they) will promptly notify ducer shares and for appeals. Not less bases from the State allocation or area the county committee of any change in than one-half of 1 percent of the State allotment, the State committee shall use operations of the farm made during the acreage allocation shall be set aside for one or more of the formulae set forth season. The name of the owner or lessor making adjustments in initial shares for in § 850.217(b). To give consideration to of the land comprising the farm, if dif old-producer farms as provided in § 850.- the factors of past production and ability ferent from the operator thereof, shall 223 and for adjustments in new-pro to produce sugarbeets on the farm, the also be shown on the request. ducer shares as provided in § 850.225(d). accredited acreage record of the farm or (d) Obtaining request forms. A re In addition, not less than one-half of 1 farm operator instead of the areas’ ac quest form may be obtained from the percent of the State allocation shall be credited acreage record will be used in local county ASCS office, from fieldmen set aside for making adjustments pur the formula set forth in § 850.217(b). of sugar companies or from such other suant to written appeals filed under Part (2) The same formula shall be ap source as the State committee may des 780 of this title. plied to the accredited acreage records ignate. The State committee shall pub (c) Adjustments in shares of small of all farms or farm operators in an al licize directions for filing such requests. old-producer farms. If the State com lotment area or in the State, if the State (e) Closing dates. mittee determines that minimum shares is not divided into allotment areas. State Closing date shall be established for small old-pro (b) Farm history area. If the farm is Arizona: ducer farms, such acreage will be set in a farm history area, the farm base Early planting area__ Noy. 28,1969 aside as will permit increases in the shall be computed by applying the for Late planting area___ Apr. 15, 1970 shares that would otherwise be estab mula selected by the State committee to Arkansas ______Feb. 13,1970 lished for such farms to the minimum the accredited acreage record of the farm California: level so determined. Northern area______Oct. 31,1969 (as constituted for the 1970 crop year) Southern area__ :____ Mar. 30,1970 § 850.220 Eminent domain. during the base period. Colorado____ ;______Jan. 30,1970 (c) Personal history area. If the farm Idaho------Dec. 31,1969 A farm base shall be established as is in a personal history area, the farm Illinois — ------Mar. 2, 1970 provided in § 850.221 for land which was base shall be computed by applying the Indiana______Mar. 2, 1970 removed from sugar beet production be formula selected by the State committee Iowa ------Mar. 2, 1970 cause of its acquisition, after the 1966 Kansas ______Jan. 30,1970 crop was harvested from the land, by a (1) to all or a portion of the accredited Maine ------]______Mar. 31,1970 Federal, State, or other agency or entity acreage record of the farm operator Michigan ______Feb. 27,1970 within the State or allotment area, or M innesota__ .______Jan. 30,1970 entitled to exercise the right of eminent (2) to the larger of all or a portion of the Missouri ______Feb. 13, 1970 domain, either upon application to the accredited acreage record of the farm M ontana______Jan. 16,1970 State committee by the owner of the operator or all or a portion of the ac Nebraska ______Jan. 16,1970 land so removed or in the absence of such credited acreage record of the farm or Nevada ______Feb. 13,1970 application, by thfe State committee on New Jersey______Mar. 13,1970 (3) to a combination of all or a portion its own initiative. If the removed land of the accredited acreage record of the New Mexico______Feb. 2,1970 did not have a record of accredited acre New York______Mar. 13,1970 farm and all or a portion of the North Dakota______Jan. 30,1970 age in one or more years of the base accredited acreage record of the farm Ohio ______Feb. 13,1970 period because of its acquisition, the operator. Oregon ______Jan. 9,1970 State committee shall consider that the (d) Use of personal accredited acreage Pennsylvania ______Feb. 13, 1970 sugar beet acreage would have continued by person or entity other than the one Texas______Nov. 21, 1969 during any one or more of such years earning it. In a personal history area in Utah ______Jan. 30,1970 except for the acquisition at the same cases involving death, retirement, or in W ashington______Dec. 29, 1969 level as the last year sugar beets were Wyoming ______Jan. 23,1970 capacity of an operator; the merger or produced on such land for purposes of consolidation of two or more corpora (f) Exceptions to closing date. A reestablishing a farm base. On the basis of tions; the forming of corporations or the quest may be accepted after the closing the farm base so determined pursuant dissolution of corporations; the initia date for consideration with respect to to this section a share shall be deter tion of joint operations and in cases in available acreage if the State committee mined as provided in §§ 850.222 and volving the dissolving of partnerships, determines that the person requesting a 850.223 subject to the limitation pro the crediting of accredited acreage rec share was prevented from filing by such vided in § 891.13 of this chapter. The ords to persons or entities who did not date due to illness or other reason beyond share so determined shall be added to the earn such record shall be handled in ac his control. Requests may be accepted 1970 crop share, if any, established pur cordance with § 891.11 of this chapter. A generally by the State committee after suant to §§ 850.221, 850.222, and 850.223 farm base shall be established for the the effective closing date if the total for any other land in the same State farm operated by the persons or entity acreage requested by such date for old- owned by such owner to the extent re credited with such a record pursuant to producer farms is less than the acreages quested in the application or shall be paragraph (c) of this section on the available for distribution (area allotment reserved to the extent not requested as basis of the record so credited. less acreage required to be set aside pur provided in Part 891. suant to § 850.219) to old-producer farms § 850.222 Establishment of initial shares within the allotment area. § 850.221 Establishment of farm bases. for old-producer farms. (a) General. (1) In a farm history § 850.219 Set-aside acreages for new (a) Limitation. The initial share de producers and students, adjustments area, a farm base shall be computed for termined for any old-producer farm shall in old- and new-producer shares and each farm having an accredited acreage not exceed the acreage requested for such appeals, and adjustments in shares record during the base period and for farm. of small old-producer farms. which a request for share is filed pur (b) Farm bases equal to or smaller than area allotment. In any allotment (a) New producers and students. Notsuant to § 850.218 or for which a base is to be established pursuant to § 850.220. area in which the total of farm bases is less than one-half of 1 percent of the equal to or smaller than the area allot State acreage allocation shall be set aside In a personal history area, a farm base ment less the set-asides made pursuant for new-producer shares and for farms shall be computed for each farm the 1970 to § 850.219, initial shares for old-pro operated by students on test plots under crop operator of which has an accredited ducer farms for which the requested accredited agricultural education pro- acreage record during the base period or acreages are equal to or less than their FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17157 farm bases shall coincide with the re share in the time and manner as pro age will be made on the basis of the en quested acreages. The initial shares for vided in this paragraph (b). „ tire State, allotment areas or on the other farms shall be computed by prorat (c) Establishing minimum shares for basis of counties or groups of counties ing to such farms in accordance with small old-producer farms and limita within allotment areas. If distribution is their respective bases the area allotment tions. In any allotment area wherein the made on the basis of counties or groups less the set-asides under § 850.219 and State committee has established a mini of counties, such distribution shall be the total of the initial shares of the farms mum share level for small old-producer made in multiples of the m inim um eco for which the requested acreages are farms, the shares that would otherwise nomic unit of acreage determined as pro equal to or less than their farm bases. be established for such farms will be in vided in § 850.216(b) (5) (rounding frac (c) Farm bases exceed area allotment.creased to such minimum level so de tional units) and shall be prorated In any allotment area in which the total termined and within the acreage set- on the basis of the total 1970 crop farm Of farm bases exceeds the area allotment aside under § 850.219(c). No share for bases of old-producer farms in each less the set-asides of acreage made pur a small old-producer farm shall be estab county, or groups of counties or on such suant to § 850.219 initial shares shall be lished in excess of the acreage requested other basis as is approved by DASCO and computed by prorating the area allot or in excess of a reasonable percentage set forth in the standards and proce ment less such set-asides and required of the cropland suitable for the produc dures published in the F ederal R egister. acreages to the old-producer farms in ac tion of sugar beets. No increase shall (c) Basis of rating new-producer re cordance with their respective bases. be made under the minimum share provi quests. Shares shall first be established for such farms as the State committee § 850.223 Adjustments in shares for old- sion for any 1970 crop farm which was producer farms. a part of a farm in the base period which determines are being operated by stu was subdivided for the 1970 crop, unless dents as educational test plots. There Initial shares for old-producer farms the county committee determines that after, shares shall be established for shall be adjusted by the State committee, each subdivision is operated as a sep other farms which are to be operated within the acreage set-asides for such arate farm and that the subdivision was by new-producers during the 1970- crop purpose plus any acreage available in not made for the purpose of obtaining year. In determining whether a farm for excess of initial shares, to the extent de increases pursuant to the minimum share which a request is filed for a new-pro termined by it to be necessary to estab provisions. ducer share may qualify for such a share, lish a share for each old-producer farm (d) Correction of share if smaller the State committee (or such county which is fair and equitable, as compared than correct share. If the share for any committees as are designated by the with all other such farms in the allot farm was established by the use of in State committee under § 850.216), shall ment area, by taking into consideration correct data, resulting in a share smaller rate each request as outstanding, well- (1) availability and suitability of land, than the share that would have been qualified or less qualified by taking into (2) area of available fields, (3) crop rota established by the use of correct data, consideration, (1) the availability and tion practices, (4) availability of irriga such share shall be increased to the cor suitability of land, (2) availability of irri tion water (where irrigation is used), rect level from acreage available within gation water (where irrigation is used), (5) adequacy of drainage, (6) avail the State acreage allocation or, if no (3) adequacy of drainage, (4) the sugar ability of production and marketing acreage is available in such allocation, beet production experience of the oper facilities, and (7) the production ex the case shall be sent to DASCO for ap ator, (5) the availability of production perience of the operator. propriate action. and marketing facilities and (6) such other factors as the State committee § 850.224 Establishment of shares for § 850.225 Establishment of shares for old-producer farms. new-producer farms. determines are pertinent and which are published in the F ederal R egister. In (a) Established share. Except as oth (a) Limitation on establishment of considering availability of marketing fa erwise provided in this section, the 1970 new-producer farm shares. The acreage cilities the combined costs to the pro share for any old-producer farm shall be to be used in establishing shares for new- ducer and the processor for transporting the initial share determined pursuant to producer farms and for student educa beets from the farm to the nearest beet § 850.222 plus the adjustment, if any, tional test plots shall be that set-aside sugar factory, within broad rate limits, made pursuant to § 850.223. pursuant to § 850.219, and any other may be taken into account. (b) Tentative share. The State com unused acreage that the State committee (d) Priority and method of selection. mittee shall establish a tentative share determines shall be used for that purpose. To be rated as “outstanding” an appli pursuant to a request filed by an owner A new-producer farm share shall not be cant . must have had significant sugar or a prospective operator in a personal established in excess of the requested beet production experience (either as a history area pursuant to § 850.218(b) acreage. For the purposes of this section, grower in years prior to the base period pending the filing of a completed request an ownership tract means a farm or por or as a participant in a beet operation) for a share in full detail as required tion of a farm which is separately owned. and must rate at least well-qualified on under § 850.218 and as provided in this Except for student educational test plots, all other items of consideration. If there paragraph (b) within 60 days or such a farm may not be considered as a new- is sufficient acreage available, minimum longer time established by the State producer farm, if (1) in an area where shares or a lesser acreage if requested committee following the closing date farm history only is used in establishing shall be established for all new-producer established in § 850.218 or such later shares the farm includes all or a part of farms whose operators are rated out date as provided in § 850.218(f). An a separate ownership tract and such tract standing. However, if the State com owner who files a request pursuant to has an accredited acreage record in the mittee determines that the share estab § 850.218(b) will not have a share finally base period, (2) in an area where per lished for the farm of any such opera established for his farm until the person sonal history only is used in establishing tor does not fully recognize the produc who will be the operator of the farm shares the operator of the farm has an tion experience of the operator such for the 1970 crop year signs Form SU-100 accredited acreage record in the base share may be adjusted from acreage set as operator of the farm described there period, or (3) in an area where the larger aside pursuant to § 850.219(b) to a level on. A prospective operator who files a of the farm or personal history is used commensurate with such experience by request pursuant to § 850.218(b) will not or a combination of farm and personal taking into consideration the factors have a share finally established for his history is used in establishing shares, the enumerated in paragraph (c) of this sec farm until he furnishes the county com farm includes all or a part of a separate tion. It there is not sufficient acreage mittee the identity of the land he will ownership tract and such tract has an available for new producers within an operate for the 1970 crop. The computa accredited acreage record during the base allotment area, county or group of coun period or the operator of the farm has an ties, to establish minimum new-producer tion of a tentative share shall not con accredited acreage record in the base stitute the establishment of a share, but farm shares or lesser shares, if requested, period. for all new-producer farms whose oper will serve simply as a representation that (b) Distribution of new-producer ators are rated oustanding, minimum a share may be established upon the fil- farm acreage. The State committee shall shares or a lesser acreage, if requested, iug of a fully completed request for a determine whether distribution of acre- shall be established for those farms FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17158 RULES AND REGULATIONS whose operators are rated as outstand producers, it is determined by the State shares or the State committee deter ing and who are selected by lot. committee that the total acreage planted mines that such shares should be re (1) If, after establishing shares for in any State does not exceed the alloca duced because of unusual circumstances the farms of operators rated as outstand tion for the State, the shares for both and for good cause and that the involved ing, there is new-producer farm acreage old- and new-producer farms in such acreages should be reallotted by the State remaining, m inim um shares or a lesser State may be revised by the State com committee to other producers. acreage, if requested, shall be established mittee so as to coincide with the planted for new-producer farms of all operators acreages on the farms: Provided: That if § 850.228 Determination of shares for rated as well-qualified. If there is not the county or State committee deter reconstituted farms. sufficient acreage to establish such shares mines for a farm that the acreage has For the purpose of this section, the for all the farms of the operators so not been timely reported in accordance division or combination of a farm or rated, shares shall be established for with § 891.17 of this chapter, or was farms and the reconstitution of a farm those farms whose operators are rated knowingly incorrectly reported by the or farms shall be those which give effect as well-qualified and who are selected farm operator and either of such com to the definition of a farm set forth in by lot. mittees determines that the planted Part 822 of this chapter and the defini (2) Each drawing by lot shall be su acres exceed the share for the farm, a tion of an operator in Part 891 of this pervised by a representative of the State share shall not be established to coincide chapter. Shares for farms that are re committee, or by a representative of the with the planted acreage. A general no constituted after shares have been estab county committee designated by the tice shall be individually mailed to pro lished shall be redetermined as follows: State committee if the distribution of ducers informing them that the shares (a) Reconstitution of old-producer new-producer farm acreage is made by for their farms have been revised to coin farms. Subject to the provisions of counties 'or groups of counties. Persons cide with their respective planted § 850.229, if any old-producer farm for who will be included in the drawing shall acreages. which a 1970 crop share is established be given an advance notice and oppor is reconstituted, the share shall be can tunity to attend. The names (or corre § 850.227 Distribution of unused acre celed and a farm base and share estab sponding numbers) shall be placed in a age. lished for the reconstituted farm and container and shall be indistinguishable (a) Final date for redistribution of parts thereof, within acreage available, to the person making the draws. Before unused acreage. Revisions in shares may pursuant to §§ 850.221, 850.222, and the drawing the person in charge shall be made within the allotment area or 850.224. Production records for subdivi announce how the selections will be counties therein in accordance with pro sions of farms shall be determined as made. cedures established by the State commit provided in § 891.11 of this chapter. Any (e) Remaining acreage in new-protee to offset underplantings and failure unused proportionate share acreage re ducer acreage set-aside. Any acreage re to plant, including implanted acreage sulting from the establishment of a maining in the new-producer farm acre released pursuant to Part 895 of this share for a subdivision of a farm may age set-aside after the determination of chapter. Such revisions may be made be used by the county committee to shares pursuant to paragraph (d) of during the crop season, but not later adjust the share established for any this section shall be allotted by increas than 30 days prior to the beginning of other subdivision of the same farm on ing the shares determined under para harvest in the State, allotment area, or which the acreage planted to sugar beets graph (d) of this section for farms for- individual counties therein as deter exceeds such share. which acreage is requested in excess of mined by the State committee, except (b) Reconstitution of new-producer the minimum share determined as pro that in the northern allotment area of farm. If a farm for which a new- vided in § 850.216(b) (5), but not in ex California such redistribution of acreage producer share is established is recon cess of the acreage requested for the farm shall not be made after October 1, 1970, stituted before planting, such share shall or appreciably larger than the shares for unless a later date is approved by be canceled, except that if the share was comparable old-producer farms in the DASCO. issued for a farm in a personal history same allotment area. Any remaining un (b) Source of use and unused acreage. area and the operator thereof retains used acreage of the new-producer farm Subject to the conditions specified in sufficient land having no accredited set-aside shall be available for distri paragraph (c) of this section, any acre acreage in the base period to permit the bution to other farms. age within shares established for farms use of the share, the share shall be as in an allotment area pursuant to signed to the operator’s reconstituted § 850.226 Establishing shares to coin §§ 850.224 and 850.225, which is not farm. If a farm for which a new- cide with requested or planted acre planted, and any set-aside acreage avail ages. producer share is established is recon able under § 850.219 which is not used for stituted after planting, such share shall, (a) Shares to coincide with requestedthe purpose specified in such section subject to the provisions of § 850.229 in shares. If the total acreage requested in may first be used to increase the shares a personal history area, be added to the an allotment area does not exceed the of other farms in the same allotment share, if any, determined for other land area allotment at the expiration of a area which may use additional acreage. with which it is combined to obtain a reasonable time for the acceptance of re Acreage remaining unused may then be share for the combined farm or, in the quests generally following the closing reallotted by the State committee among case of a subdivision of the farm, such date, the shares for both old and new other areas within the State for distribu share shall be divided among the sub producers in the allotment area may be tion to farms in such areas which may divisions on the basis of the planted established by the State committee so as use additional acreage. sugar beet, acreage on each subdivision. to coincide with the requested acreages (c) Reduction in shares. The share without carrying out the detailed proce for any farm from which unused acreage § 850.229 Improper use of personal his dure otherwise required under § 850.221 is recovered and distributed as provided tory record in establishing shares. through § 850.225. In establishing shares in paragraph Ob) of this section shall (a) Changes in farm operators. Ex under this paragraph (a), if the State be reduced to the acreage of sugar beets cept as provided in paragraphs (b) and committee finds that the share requested planted thereon: Provided, however, (c) of this section, if the county commit is not compatible with the acreage on That in case of a disagreement between tee determines that any farm for which the farm suitable for the production of producers and a sugar beet processor a 1970 crop share was established by sugar beets or is not consistent with a with respect to the sugar beet purchase giving consideration to the personal his sound crop rotation system the commit contract to be effective in the settlement tory of a person (or persons) is being tee may reduce the share requested to an area, or where no company offers a con operated jointly with or is being oper acreage which it determines is compati tract to producers to cover fully the ated by another person (or persons), ble for the farm in consideration of such shares for their farms, the shares al the share for the farm shall be canceled two factors. lotted for the farms operated by such and a new farm base and share shall be Ob) Shares to coincide with planted producers shall not be reduced unless the established for the farm in accordance acreages. If, after shares have been es affected producers voluntarily agree in with the provisions of §§ 850.221, 850.222, tablished and notices thereof furnished writing to reductions in their respective and 850.224. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17159 (b) Exceptions for family operations. Determination. As suggested in the With the reinstitution of proportionate In any case where the county commit Department’s press release of July 3, shares, the provision of Part 895, Release tee determines that a sugar beet opera 1969, and at the public hearing, provi and Reallotment of Sugar Beet Propor tion is a joint operation conducted sion is made for set-asides from each tionate Share Acreage, again become ap exclusively by the members of the im State allocation of not less than one-half plicable. Under that part, if a farm oper mediate family of the person who con of 1 percent for each three purposes— ator releases all or a portion of the pro tributed the personal acreage history (1) establishing shares for new pro portionate share established for his farm record which was considered in estab ducers, including new-producer farms because of crop rotation or reason be lishing the share for the farm, the share operated by students as educational test yond his control and such cause is ap established on such basis shall remain plots, (2) making adjustments in initial proved by the county committee of the in effect. For the purpose of this para shares, and (3) making adjustments pur headquarters county, the individual op graph (b) the term “immediate family” suant to appeals. State committees may erator (or his farm) will receive history is limited to persons who have a rela increase the amounts of the set-asides credit for the amount of the propor tionship to the persons credited with to meet conditions in the State and in tionate share so released. Such released the personal sugar beet production rec the individual allotment areas. Where acreage may be redistributed to other ords of spouse, father, mother, brother, allotment areas are involved, the mini farms in the allotment area or to farms sister, children, and grandchildren re mum set-asides need not apply to each in other areas within the State but the gardless of whether such persons reside area. However, in total, the set-asides farm operators (or the farms) utilizing in the same household. from the State allocation must at least such released share acreage will not re (c) Recognition of changes. In. any equal the minimum for each of the ceive history credit. This provision re case when planting has occurred and three categories provided in t h i s places the provisions relating to pre the county committee is satisfied that the determination. vented acreage credits which is in ef changes in operations described in para Provision is made for the establish fect for crops when proportionate shares graph (a) of this section were not made ment of base acreages for allotment are not established. as an attempt to transfer a share or share areas by use of a formula selected by the Other provisions of this determination history, it may make an exception and State committee from among those set are very similar to those for past sugar recognize the share as originally estab forth in the determination or such other beet proportionate share programs. As lished. In determining whether to make formula the use of which is justified to under past programs, the State ASC an exception, the county committee shall and approved by DASCO. committees will develop the programs for determine if the person (or persons) Farm bases will be established by use their States (within the provisions of whose personal history was considered in of one of the formulae permitted for use this determination) and carry them out. establishing the original share for the in establishing area allotments. The provisions of this determination farm was the operator as provided in While some of those presenting testi provide an equitable basis for establish Part 891 of this chapter at the time mony on the 1970 program urged the use ing proportionate shares for the 1970 sugarbeets were planted on thè farm or of the same formula in establishing area crop of sugar beets. that the joint enterprise, or transfer of and farm base acreages as is used for Accordingly, I hereby find and con operations to another person (or per establishing State allocations, other rec clude that the foregoing determination sons) represents normal sound opera ommended that latitude be accorded will effectuate the applicable provisions tional arrangements which would be State committees in this respect. As for of the Sugar Act of 1948, as amended. undertaken in the absence of sugarbeet past proportionate share programs, this acreage controls. regulation provides that in carrying out Effective date: Date of publication. Statement of B ases and Considerations their responsibilities under the program Signed at Washington, D.C., on Octo State committees may obtain recom ber 17, 1969. The statement of bases and considera mendations from affected and interested K enneth E. F rick, 7 tions issued in conjunction with § 850.214 persons, including growers, growers or Administrator, Agricultural Sta sets forth the Sugar Act requirements ganizations, and processors. Thus, full bilization and Conservation regarding the establishment of propor opportunity is given for a careful exami Service. tionate shares, the conditions for pay nation of the differing conditions within [F.R. Doc. 69-12677; Filed, Oct. 22, 1969; ment to producers, the establishment of the parts of States and to select formulae 8:48 a.xn.] the National and State acreage alloca that will result in the greatest degree tions and the contingency reserve. Also of equity. This regulation does provide SUBCHAPTER I— DETERMINATION OF PRICES contained in that statement is a sum for the utilization of only one formula mary of the Department’s proposals in an allotment area or State if the PART 873— SUGARCANE: FLORIDA which were presented for discussion State is not divided into allotment areas. Purposes at the public hearing held in Where, because of production patterns or Fair and Reasonable Prices for 1969 San Francisco on July 23, 1969, and a other conditions', it is deemed necessary Crop summary of the testimony presented at to apply a different formula to achieve Pursuant to the provisions of section the hearing and in briefs with respect equity for farms or farm operators lo 301 (c) (2) of the Sugar Act of 1948, as to establishing State allocations. cated in what would ordinarily be con amended (herein referred to as “act”), At the hearing, the spokesman for a sidered as a single allotment area, con after investigation and due consideration majority of the growers recommended sideration should be given to establishing of the evidence presented at the public that the formula used to establish State separate areas or to making necessary hearing held in Belle Glade, Fla., on allocations also be used to establish area adjustment in shares by increased set July 1, 1969, the following determination allotments and farm bases unless the use asides for such purpose. is hereby issued: of another formula is justified by the State committee from the standpoint of Provision is included for the use of Sec. equity. Other grower spokesmen recom all or a part of the personal production 873.31 General requirements. records of farm operators in areas where 873.32 Definitions. mended that the State committee be such records were used to establish shares 873.33 Basic price. given wide discretion in this respect and, prior to 1962, or if shares were not estab 873.34 Conversion of net sugarcane to - » th e case of one of these spokesmen, standard sugarcane. other matters affecting the establish lished prior to 1962, the State committee 873.35 Molasses payment. ment of proportionate shares. is authorized to use such records. In 873.36 Other related specifications. The processor representatives gener localities-where a combination of land 873.37 Toll agreements. ally concurred in the submissions made and personal history is used. State com 873.38 Applicability. oy their grower counterparts regarding mittees are urged to utilize formulas that 873.39 Subterfuge. will simplify operations under the pro 873.40 Processor mill procedures and check the 1970 program. ing compliance. was general agreement on the gram and the understanding thereof, as Authority : The provisions of §§ 873.31 to j—or proposals made by the Department well as minimizing Inflation of farm 873.40 issued under secs. 301, 403, 61 Stat. at the hearing. bases. 929, as' amended, 932; 7 U.S.C. 1131, 1153. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 No. 204- 17160 RULES AND REGULATIONS § 873.31 General requirements. (j) “Factory normal juice sucrose” § 873.35 Molasses payment. A producer of sugarcane in Florida means the percentage of sucrose in un The processor shall pay to the pro who is also a processor of sugarcane, to diluted juice extracted by a mill tandem ducer for each ton of net sugarcane which this part applies as provided in as determined by multiplying factory delivered an amount equal to the product section 873.38 herein (herein referred dilute juice purity by factory normal of 5.9 gallons times one-half of the ex to as “processor”), shall have paid, or juice Brix. cess above 4.75 cents per gallon of the contracted to pay, for sugarcane of the (k) “Factory crusher juice sucrose” weighted average net sales price per 1969 crop grown by other producers and means the percentage of sucrose in un gallon of blackstrap or final molasses, processed by him, or shall have processed diluted crusher juice as determined by basis, f.o.b. tank truck or railroad car at sugarcane of other processors under a direct analysis. mill, sold during the 12-month period toll agreement, in accordance with the (l) “Average percent sample mill ending May 31, 1970. If the processor following requirements. juice sucrose” means the percentage of sells molasses for his own account and sucrose solids in juice extracted from § 873.32 Definitions. for the account of another processor the samples of each producer’s sugarcane by weighted average net sales price of For the purpose of this part, the term: the sample mill. molasses for all processors involved shall (a) “Price of raw sugar” means the (m) “Factory normal juice Brix” for the purpose of this section be deter daily spot quotation of raw sugar of the means the percentage of soluble solids in mined on the basis of the price at which New York Coffee and Sugar Exchange undiluted juice extracted from sugarcane all molasses was sold by such processor No. 10 domestic contract, except that if by a mill tandem as determined by during such 12-month period. the Director of the Sugar Division, Agri multiplying factory crusher juice Brix cultural Stabilization and Conservation by a dry milling factor representing the § 873.36 Other related specifications. Service, U.S. Department of Agriculture, ratio of factory normal juice Brix to (a) The price for sugarcane estab Washington, JD.C. 20250, determines that factory crusher juice Brix. lished by this part is applicable to sugar such price does not reflect the true mar (n) “Factory crusher juice Brix” cane loaded on carts or trucks at the ket value of raw sugar, because of inade means the percentage of soluble solids in farm, or if sugarcane is transported by quate volume or other factors, he may undiluted crusher juice as determined railroad, loaded in railroad cars at the designate the pricè to be effective under by direct analysis. railroad siding nearest the farm, and the this part which he determines will reflect (o) “Factory dilute juice purity” processor is required to bear the cost of the true market value of raw sugar. means the ratio of factory dilute juice transporting sugarcane (gross weight) (b) “Season’s average price of raw sucrose to factory dilute juice Brix from such points to the mill. If sugar sugar” means (1) the weighted average which are determined by direct anal cane is transported a distance of more price of raw sugar for the months in ysis. than 14.9 miles to the mill by railroad or which 1969 crop sugar is delivered to the (p) “State office” means the Florida other common carrier, the producer may purchaser, determined by weighting the State Agricultural Stabilization and be required to bear the additional cost of simple average of the daily prices of raw Conservation Service Office, 401 South transporting such sugarcane (based sugar for each month in which sugar is east First Avenue, Gainesville, Fla. 32601. upon published tariffs). If the processor delivered to the purchaser by the quan • (q) “State committee” means the transports, in his own conveyance, or tity of 1969 crop raw sugar or raw sugar Florida State Agricultural Stabilization arranges for the transportation of sugar equivalent delivered during each corre and Conservation Committee. cane with other than a common carrier, sponding month, or (2) the average price he may charge the producer 5 cents per of raw sugar received by a processor who § 873.33 Basic price. ton for each mile such sugarcane is disposes of all of his sugar under a single (a) The basic price for standard sugar transported in excess of 14.9 miles, or if contract with a refiner. cane shall be not less than $1.12 per ton the producer transports sugarcane to the (c) “Raw sugar” means raw sugar, for each 1 cent per pound of the sea mill by other than railroad or other com 96° basis. son’s average price of raw sugar. mon carrier the processor shall pay the (d) “Net sugarcane” means the gross (b) The basic price for salvage sugar producer 5 cents per ton for each mile weight of sugarcane delivered by a pro cane shall be as agreed upon between such sugarcane is transported, but not ducer to a processor minus a deduction the processor and producer, subject to in excess of 14.9 miles. equal to the average percentage weight the approval of the State office. (b) Deductions for frozen sugarcane, of trash delivered with all sugarcane § 873.34 Conversion of net sugarcane to fiber content determinations and deduc ground at each mill operated by a standard sugarcane. tions, definitions of delivery schedules processor. and similar specifications employed in (e) “Trash” means green or dried Net sugarcane (except salvage sugar cane) shall be converted to standard connection with the purchase of 1969 leaves, sugarcane tops, dirt, and all other sugarcane by multiplying the total crop sugarcane shall be substantially in extraneous material delivered with quantity of net sugarcane delivered by accordance with the general practices in sugarcane. each producer by the applicable quality Florida and as agreed upon between the (f) “Standard sugarcane” means net producer and the processor. sugarcane containing 12.5 percent su factor iix accordance with the following (c) Nothing in paragraph (b) of this table: crose in the normal juice. Standard section shall be construed as prohibiting (g) “Salvage sugarcane” means sugar Average percent sugarcane modification of customs and practices cane containing less than 9.5 percent sucrose in quality which may be necessary because of un sucrose in the normal juice. normal juice factor1 usual circumstances, any such modifica (h) “Average percent sucrose in nor 9.5_____ 0.70 tion to be reported in writing by the mal juice” means (1) the average per 10.0______.75 processor to the State office. cent crusher juice sucrose of the pro 10.5 ___ .80 (d) In the event a general freeze ducer’s sugarcane multiplied by a factor 11.0______.85 causes abnormally low recoveries of raw 11.5— _ .90 sugar by a processor in relation to the representing the ratio of factory normal 12.0______.95 juice sucrose to factory crusher juice 12.5— . 1.00 sucrose test of the sugarcane, payment sucrose at the processor’s mill; or (2) the . 13.0_____ 1.05 for such sugarcane may be made as average percent sample mill juice sucrose 13.5 ___ 1.10 agreed upon between the producer and of the producer’s sugarcane multiplied 14.0 ___ 1.15 the processor subject to the written ap by a factor representing the ratio of fac 14.5 ___ 1.20 proval of the State office upon a deter 15.0 ___ 1.25 mination by the State committee that the tory normal juice sucrose to the average 1.30 sample mill juice sucrose analyses of pro 15.5 ___ payment is fair and reasonable. ducers’ sugarcane. 1 The quality factor for sugarcane of inter (e) The processor shall submit to th e mediate percentages of sucrose in normal (i) “Average percent crusher juice State office for approval (1) a statement juice shall be interpolated and for sugar setting forth the weighted average pnpe sucrose” means the percentage of sucrose cane having more than 15.5 percent sucrose in undiluted crusher juice as determined in the normal juice shall be computed in of raw sugar upon which settlements witn by direct analysis in accordance with proportion to the immediately preceding producers are based; and (2) a s t a t e standard procédures. interval. ment setting forth the gross proceeds ana FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17161 the handling and delivery expenses de to be fair and reasonable after investi Signed at Washington, D.C. on Octo ducted in arriving at the weighted av gation and due notice and opportunity ber 16, 1969. erage net sales price of blackstrap for a public hearing. Clifford M. Hardin, molasses. 1969 crop price determination. This de Secretary of Agriculture. § 873.37 Toll agreements. termination continues the provisions of [F.R. Doc. 69-12680; Filed, Oct. 22, 1969; the 1968 crop determination without 8:48 a.m.] The rate for processing sugarcane change. produced by a processor and processed At the public hearing held in Belle under a toll agreement by another proces Glade, Fla., on July 1, 1969, interested Chapter IX— Consumer and Market sor shall be the rate they agree upon. persons were afforded the opportunity ing Service (Marketing Agreements § 873.38 Applicability. to present their views on fair and reason and Orders; Fruits, Vegetables, able prices for 1969 crop Florida sugar The requirements of this part are ap cane. A witness testifying on behalf of Nuts), Department of Agriculture plicable to all sugarcane purchased from the United States Sugar Corporation [947.328 Amdt. 1] other producers and processed by a proc recommended that the present method essor who produces sugarcane (a proces and frequency of determining the quan PART 947—-IRISH POTATOES GROWN sor-producer is defined in § 821.1 of this tity of trash in mechanically harvested IN MODOC AND SISKIYOU COUN chapter); and to sugarcane purchased sugarcane remain unchanged. The wit TIES IN CALIFORNIA AND IN ALL by a cooperative processor from non ness stated that U.S. Sugar experimen COUNTIES IN OREGON EXCEPT members. The requirements are not ap tally cut and loaded about 31,000 tons plicable to sugarcane processed by a co of sugarcane with one mechanical har MALHEUR COUNTY operative processor for its members. vester during the 1968 harvest; that the Limitation of Shipments § 873.39 Subterfuge. machine was operated with a crew of nine hand cutters who removed excessive Findings, (a) Pursuant to Market The processor shall not reduce returns trash from the cane; that samples of ing Agreement No. 114 and Order No. 947, to the producer below those determined the cane indicated an average trash con both as amended (7 CFR Part 947), regu in accordance with the requirements of tent of 5.6 percent, as compared to an lating the handling of Irish potatoes this Part through any subterfuge or de average of 6 percent in all cane delivered grown in the production area defined vice whatsoever. to the mill which crushed the machine- therein, effective under the Agricultural Marketing Agreement Act of 1937, as § 873.40 Processor mill procedures and cut cane; and that a requirement for checking compliance. special methods of determining trash in amended (7 U.S.C. 601 et seq.), and upon machine harvested cane would place an the basis of recommendations and in The procedures to be followed by proc unnecessary burden on factory person formation submitted by the Oregon- essors in determining net surgarcane, nel. He also stated that the company California Potato Committee, established trash, average percent sucrose in normal intends to use several harvesters simul pursuant to the said marketing agree juice, average percent crusher juice taneously in 1969-70 to ascertain the ment and order, it is hereby found that sucrose, factory normal juice sucrose, problems of operating more than one the amendment to the limitation of ship factory crusher juice sucrose, average machine in a field, but that the cane ments hereinafter set forth, will tend to percent sample mill juice sucrose, and should be as free of trash as in the past effectuate the declared policy of the act. other related mill procedures and re since hand cutters will again be used (b) It is hereby found that it is im quired reports are set forth in Handbook with the machines. practicable and contrary to the public 9-SU entitled “Sampling, Testing, and Consideration has been given to the interest to give preliminary notice and Reporting for Florida Sugar Processors,” testimony presented at the public hear engage in public rule making procedure, copies of which have been furnished each ing and to other pertinent information. and that good cause exists for not post processor. The procedures to be followed The returns, costs, and profits of pro poning the effective date of this amend by the State office in checking compli ducing and processing sugarcane, ob ment until 30 days after publication in ance with the requirements of this part tained by field survey for recent crops, the F ederal R egister (5 U.S.C. 553) in are set forth under the heading “Fair have been recast in terms of prospective that (1) shipments of 1969 crop potatoes Price Compliance” in Handbook 3-SU, is price and production conditions for the grown in the production area are now sued by the Deputy Administrator, State 1969 crop. Analysis of these data indi being made, (2) to maximize benefits to and County Operations, Agricultural cates that the relationship established producers, this amendment should apply Stabilization and Conservation Service. between producers and processors for the to as many shipments as possible during Handbooks 9-SU and 3-SU may be in sharing of total returns on the basis of the effective period, (3) compliance with spected at county ASCS offices and copies their share of total costs, as provided in this amendment will not require any spe may be obtained from the Florida State the 1968 crop determination, continues cial preparation by handlers which can ASCS Office, 401 Southeast First Avenue, to be equitable for the 1969 crop. not be completed by the effective date, Gainesville, Fla. 32601. The determination provides that the (4) information regarding the commit Statement op B ases and Considerations molasses payment to producers is to be tee’s recommendation has been made based on 5.9 gallons of blackstrap mo available to producers and handlers in 1 General. The foregoing'determination lasses per net ton of sugarcane, the same the production area, and (5) this amend establishes the fair and reasonable price as last year. There was no change in the ment relieves the cleanliness require requirements which must be met, as one 5-year average recovery of molasses from ment on tablestock shipment of produc of the conditions for payment under the sugarcane. tion area potatoes. act, by a producer who processes sugar On the basis of an examination of all cane of the 1969 crop grown by other Order, as amended. Paragraph (a) of relevant factors, the provisions of this § 947.328 (34 F.R. 11136) is amended to Producers. determination are deemed to be fair and Requirements of the act. Section 301 reasonable. Accordingly, I hearby find read as follows; ;o (2) of the act provides as a condition and conclude that the foregoing deter § 947.328 Limitation of shipments. :or payment, that the producer on the mination will effectuate the price pro ***** farm who is also directly or indirectly a visions of the Sugar Act of 1948, as Processor of sugarcane, as may be deter amended. (a) Grade and size requirements—(1) mined by the Secretary, shall have paid, Grade. All varieties—U.S. No. 2, or better °r contracted to pay under either pur^ Effective date: This determination grade. chase or toll agreements, for sugarcane shall become effective upon publication (2) Size. All varieties—2 inches mini grown by other producers and processed in the F ederal R egister and is appli mum diameter or 4 ounces minimum him at rates not less than those cable to the 1969 crop of Florida sugar weight. fhat may be determined by the Secretary cane. * * • * * FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17162 RULES AND REGULATIONS (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. per hundredweight, or equivalent quan business was deleted from the Edge Act 601-674). tity, of potatoes handled by him, as the prior to its enactment as being unnec Dated: October 17,1969, to become ef first handler thereof during said fiscal essary in relation to the purposes for fective October 18, 1969. period. which Edge corporations were to be (c) Unexpended income in excess of organized.1 It therefore seems dear that P aul A. N icholson, expenses for the fiscal period may be an Edge corporation does not have power Acting Director, Fruit and carried over as a reserve. generally to act as fiduciary in the United Vegetable Division, Consumer (d) Terms used in this section have States. and Marketing Service. the same meaning as when used in said On the other hand, a primary Con [F.R. Doc. 69-12632; Filed, Oct. 22, 1969; marketing agreement and this part. gressional objective in authorizing the 8:45 a.m.] (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. organization of Edge corporations was to 601-674) facilitate the development of interna tional and foreign commerce. It would PART 947— IRISH POTATOES GROWN Dated: October 20, 1969. not therefore seem inappropriate for IN MODOC AND SISKIYOU COUN P aul A. N icholson, Edge corporations to perform in the TIES IN CALIFORNIA AND IN ALL Acting Director, Fruit and Vege United States the limited functions con COUNTIES IN OREGON EXCEPT table Division, Consumer and nected with acting as trustee, registrar, MALHEUR COUNTY Marketing Service. and in similar capacities with respect to [F.R. Doc. 69-12688; Filed, Oct. 22, 1969; securities sold abroad to finance such Expenses and Rate of Assessment 8:49 am.] commerce. Nor would it seem improper for Edge corporations, as an incident of Findings, (a) Pursuant to Marketing their power to receive deposits, to act as Agreement No. 114, and Order No. 947 paying agent for such securities, even if (7 CFR Part 947), regulating the han the issuer happens to be organized and dling of Irish potatoes grown in the pro Title 12— BANKS AND BANKING therefore legally qualified to do business duction area defined therein effective Chapter II— Federal Reserve System in the United States. under the applicable provisions of the The Board therefore concluded that Agricultural Marketing Agreement Act SUBCHAPTER A— BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM an Edge corporation may act in the of 1937, as amended (7 U.S.C. 601 et seq.), United States as trustee, registrar, con and upon the basis of recommendations [Reg. K] version agent, and paying agent with and information submitted by the respect to any particular class of securi Oregon-Califomia Potato Committee, PART 211— CORPORATIONS EN GAGED IN FOREIGN BANKING ties issued solely to finance foreign ac established pursuant to the said market tivities and distributed only outside the ing agreement and order, and other AND FINANCING UNDER THE FED United States, since acting in such lim available information, it is hereby found ERAL RESERVE ACT ited capacities in the United States seems that the budget of expenses and the rate Acting as Trustee, Conversion Agent, clearly incidental to the exercise of spe of assessment, hereinafter set forth, will cific powers granted to Edge corporations tend to effectuate the declared policy of and Paying Agent by statute for the purpose of financing the act. § 211.105 Acting in the United States as international and foreign commerce. (b) It is hereby further found that trustee, conversion agent, and paying By order of the Board of Governors, it is impracticable and unnecessary to agent of securities issued to finance foreign activities and distributed only October 15, 1969. give preliminary notice or engage in outside the United States. [seal] R obert P. F orrestal, public rule making procedure, and that Section 211.5(b)(2) of Regulation K Assistant Secretary. good cause exists for not postponing the provides that a corporation organized [F.R. Doc. 69-12633; Filed, Oct. 22, 1969; effective date of this action until 30 days under section 25(a) of the Federal Re 8:45 a.m.] after its publication in the F ederal R eg serve Act (an “Edge corporation”) may ister (5 U.S.C. 553) in that: (1) The not “act in the United States as trustee, relevant provisions of said marketing registrar, or in any similar capacity, with respect to securities distributed in the Title 14— AERONAUTICS AND agreement and this part require that the United States.” Under § 211.7(d) (7) of rate of assessment fixed for a particular Regulation K an Edge corporation is SPACE fiscal period shall be applicable to all permitted to “act [in the United States! assessable potatoes from the beginning of as paying agent for securities issued by Chapter I— Federal Aviation Adminis such fiscal period, and (2) the current foreign governments or other organiza tration, Department of Transportation fiscal period began July 1, 1969, and the tions organized under foreign law and [Docket No. 9114; Arndt. 61-44] not qualified under the laws of the rate of assessment herein fixed will United States or any State or the Dis PART 61— CERTIFICATION: PILOTS automatically apply to all assessable po trict of Columbia to do business in the AND FLIGHT INSTRUCTORS tatoes beginning with such date. United States.” Miscellaneous Amendments § 947.222 Expenses and rate of assess Many large corporations in the United ment. States have formed subsidiaries to issue The purpose of these amendments to securities abroad to finance their inter Part 61 of the Federal Aviation Regula (a) The expenses the Secretary finds national operations. The question has tions is to: (1) Change the minimum to are reasonable and likely to be incurred therefore arisen whether an Edge cor tal pilot flight time required by § 61.145 by the Oregon-Califomia Potato Com poration may act in the United States (b) (2) as aeronautical experience for an mittee for its maintenance and function as trustee, conversion agent, and paying, airline transport pilot certificate with ing pursuant to Marketing Agreement agent for securities issued to finance an airplane rating to 1,500 hours (from foreign activities and distributed only 1,200 hours within the 8 years before the No. 114 and this part during the fiscal outside the United States, even though period ending June 30, 1970, and for the issuer is organized and therefore date of application), and delete the re such other purposes as the Secretary legally qualified to do business in the quirement that this flight time must in determines to be appropriate will amount United States. clude 5 hours within the 60 days before to $34,585. Nothing in section 25(a) specifically the application; (2) allow a commercial (b) The rate of assessment to be paid authorizes an Edge corporation to act pilot to credit toward that flight time a by each handler in accordance with the as fiduciary. In fact, a grant of certain said marketing agreement and this part fiduciary powers so far as “necessary” 1 See 58 Congressional Record 4954 (1919) shall be three-tenths of 1 cent ($0.003) in an Edge corporation’s international (remarks of Senator Edge). FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17163 limited kind and amount of flight engi Part 121 operations to be credited to ranged to read “three takeoffs and land neer flight time acquired while serving in ward airline transport pilot certificate ings,” as a more intelligible provision. the latter capacity in airplanes required qualification without allowing other pi (7) The word “written” in § 61.71 to have flight engineers by their approved lots, principally corporate, the same priv (a) (1) referring to tests on Part 91 for Aircraft Flight Manuals, in operations ilege. These comments stated that the student pilot presolo airship flights, is conducted under Part 121 of the Federal training given voluntarily by certain op stricken out because student pilot testing Aviation Regulations and while partici erators, principally corporate, is as good is not required to be written in other pro pating at the same time in a pilot train as training given by operators under visions on solo flights. ing program approved under Part 121; Part 121. However, crediting 100 percent (8) The flush paragraph at the end of (3) allow a commercial pilot to credit of flight time for these persons is beyond § 61.93 is amended by striking out the toward that flight time all of the flight the scope of the notice here, but It will words “a commercial glider pilot” in the time logged as second in command in be considered for future rule-making second sentence, and substituting there airplanes required to have more than one action. for the phrase, “if received before Sep pilot by their approved Aircraft Flight Five comments were in favor of retain tember 26,1966, a commercial glider pilot Manuals or their airworthiness certifi ing- the currency-of-experience require or appropriately rated flight instructor.” cates, in operations conducted under ments, and three comments urged The paragraph previously has allowed a Part 121 (instead of only 50 percent, as removal of the requirements. As stated commercial pilot to give the instruction. previously limited); (4) allow an appli in the notice, the currency-of-experience Section 61.3(d) as amended on March 6, cant to substitute one night takeoff with requirements in § 61.145(b) (2) have pre 1968, now prohibits this; however, under a landing to a full stop for each hour sented problems to the FAA, requiring a previous amendment, instructions could of required night flight time (but not the processing of numerous requests for be given by a commercial glider pilot more than 25 hours), this substitution relief. The original purpose of the pro until September 26, 1966. to be allowed, however, only after the visions was to safeguard the public from (9) Section 61.123(b) is amended by applicant already has made 20 night the possibility that a pilot with an air striking out the phrase “a commercial takeoffs with landings to a full stop; (5) line transport pilot certificate would be glider pilot” and substituting the phrase require an applicant for an airline trans allowed to exercise the privileges of that “if received before September 26, 1966, port pilot certificate with an airplane certificate without having been in an air a commercial glider pilot or appropri rating to have the minimum 250 horn's plane for a considerable length of time. ately rated flight instructor” therefor. of flight time as pilot in command (or However, flight operations under Part The reasons for this change are the same as copilot performing the duties and 121 of the Federal Aviation Regulations as those given in item (8) above. functions of a pilot in command under are the only ones for which an airplane In consideration of the foregoing, Part the supervision thereof), specified by pilot must hold an airline transport pilot 61 of the Federal Aviation Regulations § 61.145(b) (1), in airplanes; and (6) certificate, and that part provides for is amended, effective November 22, 1969, change the certificate endorsement ref comprehensive training programs, and as follows: erence prescribed in § 61.145(c) to 150 for proficiency and currency require hours as pilot in command (from 250 ments. Accordingly, it is considered that § 61.15 [Amended] hours), and thereby make the endorse safety will not be adversely affected by 1. The flush paragraphs at the end of ment consistent with Annex 1 to the deleting the currency-of-experience re paragraph (j), and paragraph (1), in Convention on International Civil Avi quirements from § 61.145(b) (2). § 61.15 are stricken out. ation, and add a similar endorsement re Thirteen comments opposed allowing § 61.16 [Amended] quirement appropriate as a result of items flight engineer time to be credited to (2) and (3). Finally, a number of mis ward airline transport pilot certificate 27The words “After March 31, 1966, a” cellaneous amendments are made to this qualification. However, as stated in the are stricken out of paragraph (a) (3) of part to remove obsolete or inconsistent notice, when a flight engineer holding a § 61.16, and the word “A” is substituted provisions. commercial pilot certificate participates therefor. These amendments, other than the in a Part 121 approved pilot training pro 3. Paragraph (c) (2) of § 61.31 is miscellaneous amendments and the ad gram, the experience there gained in amended to read as follows: ditional certificate endorsement provi conducting operations in large transport § 61.31 > Military pilots or former mili sion, were proposed in Notice No. 68-21, airplanes is sufficiently beneficial to allow tary pilots ; Special rules. and published in the F ederal R egister on this credit. * * * 7 * * Since the miscellaneous amendments September 10, 1968 (33 F.R. 12780). (c) Instrument rating. * * * Forty-two public comments were received removing obsolete or inconsistent provi sions are minor in nature, effect no sub (2) In the case of an instrument rat on the notice. Six comments concurred ing issued to the holder of an airline with the proposals, eight comments w,ere stantive change, or are ones in which the generally opposed to them, and the re public is not particularly interested, no transport pilot certificate, the rating is maining 28 comments were favorable to tice and public procedure thereon are limited to commercial pilot privileges. most of the proposals. unnecessary. * * * * * Eight comments opposed increasing the The miscellaneous amendments now § 61.35 [Amended] made are as follows: total flight time requirement to 1,500 4. The words “subparagraphs (3) and hours from 1,200 hours (within the pre (1) The flush paragraph at the end of § 61.15 (j), and paragraph (1) of this (4)” are stricken out in the first sen ceding 8 years). Some of these com tence of paragraph (a) (2) of § 61.35, and ments expressed concern that the section are obsolete, and they are stricken out. the words “subparagraph (3)” are sub changed rule would favor operations un stituted therefor. der Part 121, asserting that a second in (2) The words “After March 31,1966,” command under Part 121 could now be in, § 61.16(a) (3) are obsolete, and they 5. Section 61.39 is amended by striking credited with a large number of hours are stricken out. out paragraph (a) (4), and by amending toward an airline transport pilot certif (3) The first sentence in § 61.31(c) (2) the second sentence of paragraph (d) icate, earned while flying for pay, where is obsolete, and it is stricken out. to read as follows: as this would not necessarily be so in the (4) Paragraph (a) (4) of § 61.115 has § 61.39 Pilot logbooks: Except airline case of a general aviation pilot. However, been stricken out previously, therefore transport pilots. ““ese comments do not take into account the reference to it in § 61.35(a) (2) is * * * * * the differences between pilot experience dropped. (d) * * * Except as provided in gained in small aircraft flown for pleas (5) Paragraph (a) (4) in § 61.39 is § 61.145(d) (1), he may be credited with ure and the experience plus training and stricken out, since accident reports pro not more than 50 percent of that kind of checking obtained by a pilot or other vide the necessary information previously flight time toward the total flight time flight crewmember for a Part 121 oper required by this provision. required for a higher certificate or ator. Fourteen other comments opposed (6) The words “three landings and rating. * * * allowing all second-in-command time in takeoffs” in § 61.63(b) (2) (i) are rear * * * * * FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17164 RULES AND REGULATIONS § 61.63 [Amended] (d) A commercial pilot may credit to Isla Grande Airport, it is necessary to 6. The words “three landings and take toward the 1,500 hours total flight time alter the control zone by revoking the offs” are stricken out in paragraph (b) requirement of paragraph (b) (2) of this extension which was designated to pro (2) (i) of § 61.63, and the words “three section the following flight time in oper vide controlled airspace protection for takeoffs and landings” are substituted ations conducted under Part 121 of this this approach procedure. therefor. chapter: Since this amendment lessens the bur (1) All second-in-command time ac den on the public, notice and public pro § 61.71 [Amended] quired in airplanes required to have cedure hereon are unnecessary and action 7. The word “written” is stricken out more than one pilot by their approved is taken herein to amend the control in paragraph (a)(1) of § 61.71. Aircraft Flight Manuals or airworthiness zone description accordingly. 8. The second sentence of the undesig certificates; and In consideration of the foregoing, Part nated paragraph at the end of § 61.93 is (2) Flight engineer time acquired in 71 of the Federal Aviation Regulations is amended to read as follows: airplanes required to have a flight engi amended, effective 0901 G.m.t., Novem ber 13, 1969, as hereinafter set forth. § 61.93 Glider rating: aeronautical ex neer by their approved Aircraft Flight perience. Manuals, while participating at the same In §71.171 (34 F.R. 4557), the San ***** time in an approved pilot training pro Juan, P.R. (International Airport), con gram approved under Part 121 of this trol zone is amended as follows: * * * If received in a glider, it must have been given by an appropriately chapter. “* * * 11 miles E of the VORTAC; within rated flight instructor or if received be However, the applicant may not credit 2 miles each side of the Isla Grande Airport fore September 26, 1966, by a commer under subparagraph (2) of this para Runway 9/27 extended centerline, extending graph more than 1 hour for each 3 hours from the 3-mile radius zone to 5 miles west cial glider pilot or appropriately rated of the Airport * * *” is deleted and “* * * flight instructor. of flight engineer flight time so acquired, 11 miles east of the VORTAC * * is sub ***** nor more than a total of 500 hours. stituted therefor. d. By inserting a new paragraph (e) to 9. Paragraph (b) of § 61.123 is read as follows: (Sec. 307(a), Federal Aviation Act of 1958, amended to read as follows: (e) If an applicant who credits second- 49 U.S.C. 1348(a), sec. 6(c), Department § 61.123 Glider rating: aeronautical ex in-command or flight engineer time un of Transportation Act, 49 U.S.C. 1655 (c)) perience. der paragraph (d) of this section toward Issued in East Point, Ga., on Octo ***** the 1,500 hours total flight time require ber 14,1969. (b) 2 hours of flight instruction (from ment of paragraph (b) (2) of this G ordon A. Williams, Jr., an appropriately rated flight instructor section— Acting Director, Southern Region. or if received before Sept. 26, 1966, by a (1) Does not have at least 1,200 hours commercial glider pilot or appropriately of flight time as a pilot including no [F.R. Doc. 69-12660; Filed, Oct. 22, 1969; rated flight instructor), in procedures more than 50 percent of his second-in- 8:47 a.m.] and maneuvers required for the commer command time and none of his flight cial pilot flight test; engineer time; but [Airspace Docket No. 69-CE-100] ***** (2) Otherwise meets the requirements § 61.145 [Amended] of paragraph (b) (2) of this section, PART 71— DESIGNATION OF FEDERAL 10. Section 61.145 is amended as fol his certificate will be endorsed “Holder AIRWAYS, CONTROLLED AIRSPACE, lows: does not meet the pilot flight experience AND REPORTING POINTS requirements of ICAO,” as prescribed by a. By amending paragraph (b) to read Alteration of Conhol Zone and as follows: Article 39 of the “Convention on Inter (b) An applicant must have had— national Civil Aviation.” Whenever he Transition Area (1) At least 250 hours of flight time presents satisfactory evidence that he The purpose of this amendment to as pilot in command of an airplane, or has accumulated 1,200 hours of flight Part 71 of the Federal Aviation Regula as copilot of an airplane performing the time as a pilot including no more than tions is to alter the Oshkosh, Wis., con duties and functions of a pilot in com 50 percent of his second-in-command trol zone and transition area. mand under the supervision of a pilot time and none of his flight engineer Since designation of controlled air in command, or any combination there time, he is entitled to a new certificate space in the Oshkosh, Wis., terminal of, at least 100 hours of which were without the endorsement. area, the name of the Winnebago County cross-country time and 25 hours of which (Secs. 313(a), 601, 602, Federal Aviation Act Airport, Oshkosh, Wis., has been changed of 1958; 49 U.S.C. 1354(a), 1421, 1422; sec. to Steve Wittman Field. Consequently, it were night flight time; and 6(c), Department of Transportation Act, (2) At least 1,500 hours of flight time 49 U.S.C. 1655(c)) is necessary to alter the Oshkosh, Wis., as a pilot, including at least— control zone and transition area to reflect (i) 500 hours of cross-country flight Issued in Washington, D.C., on Octo the airport change of name. time; ber 16,1969. In addition, U.S. Standard for Termi (ii) 100 hours of night flight time; and G. S. Moore, nal Instrument Procedures (TERPS) be (iii) 75 hours of actual or simulated Acting Administrator. came effective November 18, 1967, and instrument time, at least 50 hours of [F.R. Doc. 69-12666; Filed, Oct. 22, 1969; was issued only after extensive consid which were in actual flight. 8:47 a.m.] eration and discussion with Government agencies concerned and affected industry Flight time used to meet the require [Airspace Docket No. 69-SO-91] ments of subparagraph (1) of this para groups. TERPS updates the criteria for graph may also be used to meet the PART 71— DESIGNATION OF FEDERAL the establishment of instrument ap requirements of subparagraph (2) of AIRWAYS, CONTROLLED AIRSPACE, proach procedures in order to meet the safety requirements of modern day avia this paragraph. Also, an applicant who AND REPORTING POINTS has made at least 20 night takeoffs and tion and to make more efficient use landings to a full stop may substitute Alteration of Control Zone the airspace possible. As a result, tne one additional night takeoff and landing The purpose of this amendment to criteria for designation of controlled air to a full stop for each hour of night flight Part 71 of the Federal Aviation Regula space for the protection of these proce time required by subparagraph (2) (ii) of tions is to alter the San Juan, P.R. (In dures were modified to conform to this paragraph. However, not more than ternational Airport), control zone. TERPS. The new criteria also requires 25 hours of night flight time may be The San Juan (International Airport) minor alteration of the Oshkosh, Wis., credited in this manner.' control zone is described in § 71.171 (34 control zone and transition area. b. By striking out the number “250” F.R. 4557). In the description, an exten Since this alteration will change tne in the first and second sentences of para sion to the control zone is predicated on name of the airport at O s h k o s h , w s., graph (c), and inserting the number Isla Grande Airport Runway 9/27 ex and since changes in most, if not “150” in place thereof. tended centerline. isting airspace designations are requir_ c. By inserting a new paragraph (d) to Because of the cancellation of the in order to achieve the increased saje y read as follows: radar instrument approach procedure and efficient use of the airspace tna FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17165 TERPS is designed to accomplish and The Suffolk County Air Force Base ra ville, Va.; within 2 miles each side of the since these changes are minor in na diobeacon will be decommissioned on or Runway 30 centerline, extended from the 6.5- mile radius area to 14 miles northwest of the ture, notice and public procedure hereon about October 1, 1969. Reference is made end of the runway; within 2 miles each side have been determined to be both un to this radiobeacon in the description of of the Runway 12 centerline, extended from necessary and impracticable. the Westhampton Beach, N.Y., transition the 6.5-mile radius area to 7.5 miles southeast In consideration of the foregoing, Part area. It is necessary to delete the refer of the end of the runway and within 3.5 71 of the Federal Aviation Regulations ence to the radiobeacon and insert the miles each side of the 176° bearing from the is amended effective 0901 G.m.t., Decem coordinates of the radiobeacon in lieu Blue Ridge RBN (36°37'45" N„ 80°01'00" ber 11, 1969, as hereinafter set forth: thereof. W.), extending from the 6.5-mile radius area (1) §71.171 (34 F.R. 4557), the fol Since the amendment is editorial rath to 11.5 miles south of the RBN. lowing control zone is' amended to read: er than substantive, notice and public [F.R. Doc. 69-12667; Filed, Oct. 22, 1969; 8:47 a.m.] O s h k o s h , W is . procedure hereon are unnecessary and Within a 5-mile radius of Steve Wittman the amendment may be made effective in less than 30 days. Field (latitude 43°59'20" N„ longitude [Airspace Docket No. 69-OE-73 ] 88°33'15" W.); and within 2y2 miles each In view of the foregoing, the Federal side of the Oshkosh VOR 182° radial, ex Aviation Administration having reviewed pa rt 71— designation o f f e d er a l tending from the 5-mile radius zone to 7 the airspace requirements in the termi AIRWAYS, CONTROLLED AIRSPACE, miles south of the VOR. This control zone nal airspace of Westhampton Beach, is effective during the specific dates and N.Y., the amendment is herewith made AND REPORTING POINTS, times established in advance by a Notice to Airmen. The effective date and time will effective upon publication in the F ederal Alteration of Transition Area thereafter be continuously published in the R egister as follows: On August 20, 1969, a notice of pro Airman’s Information Manual. 1. Amend § 71.181 of Part 71 of the posed rule making was published in the Federal Aviation Regulations so as to F ederal R egister (34 F.R. 13424 and (2) In §71.181 (34 F.R. 4637), the delete in the description of the West following transition area is amended to 13425) stating that the Federal Aviation hampton Beach, N.Y., transition area, Administration proposed to alter the read: “the Suffolk RBN to 12 miles northeast Milwaukee, Wis., transition area. Os h k o s h , W is . of the RBN’’ and insert in lieu thereof; That airspace extending upward from 700 Interested persons were afforded an “a point 40°54'16" N., 72°33'25" W. to opportunity to participate in the rule feet above the surface within a 9-mile radius 12 miles northeast”. of Steve Wittman Field (latitude 43°59'20'' making through the submission of com N„ longitude 88°33'15" W.); within 4% miles (Sec. 307(a), Federal Aviation Act of 1958, ments. No objections have been received West and 9 y2 miles east of the Oshkosh VOR 72 Stat. 749; 49 U.S:C. 1348; sec. 6(c), De to this proposal. 182° radial, extending from the VOR to 18y2 partment of Transportation Act 49 U.S.C. miles south of the VOR; within an 8-mile 1655(c)) Subsequent to the issuance of the pro radius of Fond du Lac County Airport (lati posal, the agency has determined that tude 43°46'10" N., longitude 88°29'30" W.); Issued in Jamaica, N.Y., on October 10, the coordinates , for the Waukesha and within 4% miles north and 9% miles 1969. County Airport have been slightly south of the 273° bearing from Fond du Lac W ayne H endershot, changed. In addition, it has been de County Airport, extending from the airport to Acting Director, Eastern Region. termined that the 700-foot floor tran 18 y2 miles west of the airport; and that air [F.R. Doc. 69-12662; Filed, Oct. 22, 1969; sition area extension to 8 miles west of space extending upward from 1,200 feet above 8:47 a.m.] the Milwaukee No. 2 ILS outer marker the surface bounded by a line beginning at is no longer required and should be latitude 44°36'00'' N„ longitude 87°47'15'' deleted in the transition area descrip W.; to latitude 44°36'00" N„ longitude [Airspace Docket No. 69—EA-89] 87°27'00" W.; to latitude 43°30'00" N., tion. Action is taken herein to effect longitude 87°27'00" W.; to-latitude 43°30'00" pa rt 71— designation o f fe d er a l these changes. N., longitude 88°30'00" W,; to latitude AIRWAYS, CONTROLLED AIRSPACE, Since th^e changes are either 43°40'40" N., longitude 89°38'20" W.; thence minor in nature or reduce the amount north along the east boundary of V-177W to AND REPORTING POINTS latitude 44°19'50'' N., longitude 89°29'00" of controlled airspace and impose no W.; thence counterclockwise via the arc of Designation of Transition Area additional burden on any person, no tice and public procedure hereon are a 15-mile radius circle centered on the On page 13750 of the F ederal R egister Stevens Point, Wis., VQR; to latitude for August 28,1969, the Federal Aviation unnecessary. 44°28'30" N., longitude 89°14'25" W.; to In consideration of the foregoing, latitude 44°29'25'' N., longitude 88°35'00" Administration published proposed reg W.; thence clockwise via the arc of a 20-mile ulations which would designate a transi Part 71 of the Federal Aviation Regula radius circle centered on the Green Bay, Wis., tion area over Blue Ridge Airport, tions is amended effective 0901 Gjm.t., VOR to the point of beginning excluding the Martinsville, Va. December 11, 1969, as hereinafter set portion which overlies the Cecil Wis., transi Interested parties were given 30 days forth: tion area. after publication in which to submit In § 71.181 (34 F.R. 4637), the follow (Sec. 307(a), Federal Aviation Act of 1958, 49 written data or views. No objections to ing transition area is amended to read: U.S.C. 1348, sec. 6(c), Department of the proposed regulations have been re M ilw a u k ee, W is . Transportation Act, 49 U.S.C. 1655(c)) ceived. In view of the foregoing, the pro That airspace extending upward from 700 Issued in Kansas City, Mo., on Octo posed regulations are hereby adopted ef feet above the surface within an 8-mile ber 6, 1969. fective 0901 G.m.t., December 11, 1969. radius of General Mitchell Field (latitude D aniel E. B arrow, (Sec. 307(a), Federal Aviation Act of 1958, 42°56'51'' N., longitude 87°53'58" W.); Acting Director, Central Region. 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), De within 8 miles east and 5 miles west of the Milwaukee ILS localizer south course, ex [PR. Doc. 69-12661; Filed, Oct. 22, 1969; partment of Transportation Act, 49 U.S.C. 1655(c)) tending from the 8-mile radius area to 12 8:47 ama.] miles south of the OM; within a 5-mile Issued in Jamaica, N.Y., on October 8, radius of Horlick-Racine Airport (latitude 42°45'35'' N., longitude 87°48'55" W.); [Airspace Docket No. 69-EA-118] 1969. within an 8ymile radius of Timmerman Air W ayne H endershot, PART 71— DESIGNATION OF FEDERAL port (latitude 43°06'40" N., longitude Acting Director. 88°02'05" W.); within 5 miles northeast AIRWAYS, CONTROLLED AIRSPACE, Amend § 71.181 of Part 71 of the Fed and 8 miles southwest of the Timmerman AND REPORTING POINTS VOR 337° radial, extending from the 8-mile eral Aviation Regulations by designating radius area to 12 miles northwest of the Alteration of Transition Area a 700-foot transition area described as VOR; within 2 miles each side of the Tim merman VOR 214° radial, extending from The Federal Aviation Administration follows: M artinsville, Va. the 8-mile radius area to 14 miles southwest is amending § 71.181 of Part 71 of the of the VOR; and within a 7% -mile radius Federal Aviation Regulations so as to That airspace extending upward from 700 of Waukesha County Airport (latitude feet above the surface within a 6.5-mile 43°02'20'' N., longitude 88°14'05" W.); alter the Westhampton Beach, N.Y., 700- radius of the center (36°37'50'' N., 80°01'- and that airspace extending upward from foot transition area (34 F.R. 4783). 00“ W.), of Blue Ridge Airport, Martins- 1,200 feet above the surface bounded on the FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17166 RULES AND REGULATIONS north by latitude 43°30'00" N., on the east Federal Aviation Administration pub Sec. by longitude 87°00'00" W., on the south by lished a notice of proposed rule making 6-7.151-1 Security requirements. latitude 42° 30'00" N., and on the west by which would amend § 71.181 of Part 71 6-7.151-2 Notice. longitude 88°30'00” W. 6-7.151-3 Notice of shipments. of tlie Federal Aviation Regulations so 6-7.151-4 Gratuities. (Sec. 307(a), Federal Aviation Act of 1958, as to alter the transition area at Michi 6-7.151-5 Language version. 49 U.S.C. 1348; sec. 6(c), Department of gan City, Ind. 6-7.151-6 Authorization to perform. Transportation Act, 49 U.S.C. 1655(c)) Interested persons were given 45 days 6-7.151-7 Seller’s Invoices. Issued in Kansas City, Mo., on Oc to submit written comments, suggestions, 6-7.151-8 Discounts. tober 6, 1969. or objections regarding the proposed 6-7.151-9 Requirements clause. 6-7.151-10 D aniel E. Barrow, amendment. Indefinite quantity clause. 6-7.151-11 Contracting Officer’s representa Acting Director, Central Region. No objections have been received and tive. [F.R. Doc. 69-12665; Filed, Oct. 22, 1969; the amendment as so proposed is 6-7.151-12 Labor, supplies and equipment. 8:47 am .] hereby adopted, subject to the following 6-7.151-13 Protection of Government build changes: ings, equipment, and vegeta 1. The Michigan City Airport longi tion. [Airspace Docket No. 69—CE-64] tude coordinate recited in the Michigan 6-7.151-14 Price escalation. City, Ind., transition area designation as 6-7.151-15 Government delay of work. PART 71— DESIGNATION OF FEDERAL “longitude 86°49'20" W.” is changed to 6-7.151-16 Indemnification. AIRWAYS, CONTROLLED AIRSPACE, 6-7.151-17 Commercial warranty. read “longitude 86°49'15" W.”. 6-7.151-18 Price warranty. AND REPORTING POINTS 2. The Michigan City Municipal Air 6-7.151-19 Availability of funds. port latitude coordinate recited in the Alteration of Transition Area Michigan City, Ind., transition area des Au t h o r it y : The provisions of this Part 6-7 issued under sec. 205 (c), 63 Stat. 390, as On page 13331 of the F ederal R egister ignation as “latitude 41°40'15" N.” is amended, 40 U.S.C. 486(c) sec. 4, 63 Stat. Ill, dated August 16, 1969, the Federal Avi changed to read “latitude 41o40'10" N.”. 22 U.S.C. 2658. ation Administration published a notice This amendment shall be effective 0901 of proposed rule making which would G.m.t., December 11, 1969. § 6—7.000 Scope of part. amend § 71.181 of Part 71 of the Federal (Sec. 307 (a), Federal Aviation Act of 1958, This part sets forth contract clauses Aviation Regulations so as to alter the 49 U.S.O. 1348; sec. 6(c), Department of for use in connection with the procure transition area at Anderson, Ind. Transportation Act, 49 U.S.C. 1655(c)) ment of personal property and nonper Interested persons were given 45 days sonal services (excluding construction). to submit written comments, sugges Issued in Kansas City, Mo., on Octo tions, or objections regarding the pro ber 6, 1969. Subpart 6—7.1— Fixed-Price Supply Contracts posed amendment. D aniel E. B arrow, § 6—7.100 Scope of subpart. Acting Director, Central Region. No objections have been received and This subpart sets forth or refers to con the amendment as so proposed is hereby In § 71.181 (34 F.R. 4637), the follow tract clauses and clause alterations for adopted, subject to the following ing transition area is amended to read: use, in addition to those set forth or changes: Mic h ig a n Crrr, I n d . referred to in § 1-7.101 of this title, in 1. The Anderson Municipal Airport That airspace extending upward from 700 fixed-price supply and nonpersonal longitude coordinate recited in the An service contracts entered into and per derson, Ind., transition area designation feet above the surface within an 8-mile radius of Michigan City Airport (latitude formed outside the United States. as “longitude 86°36'50" W.” is changed 41°42'10" N., longitude 86°49'15" W.); and to read “longitude 86°36'55" W.”. within a 6%-mile radius of Michigan City § 6—7.101 Clauses. 2. The words “the 8-mile radius” as Municipal Airport (latitude 41°40'10" N., (a) The use of clauses set forth or recited in line 7 of the transition area longitude 86°53'20" W.). referred to in this section and § 6-7.150 designation are changed to read “the 7- [F.R. Doc. 69-12663; Filed, Oct. 22, 1969; is mandatory, in addition to or, where mile radius”. 8:47 a.m.] specified in this section, in lieu of those This amendment shall be effective 0901 set forth or referred to in § 1-7.101 of this Om.t., December 11, 1969. title under conditions described: Pro (Sec. 307(a), Federal Aviation Act of 1958, vided, however, That except as otherwise 49 UJ3.C. 1348; sec. 6(c), Department of Title 41— PUBUC CONTRACTS specified in this section, any such clause Transportation Act, 49 U.S.C. 1655(c)) need not be used if: AND PROPERTY MANAGEMENT (1) Its use is prohibited by or incon Issued in Kansas City, Mo., on Octo sistent with local laws; or ber 6, 1969. Chapter 6— Department of State (2) The supplies or services could not D aniel E. B arrow, Acting Director, Central Region. [Dept. Reg. 108.609] be obtained if the clause were included. (b) Justification for the exclusion of In § 71.181 (34 F.R. 4637) , the follow PART 6-7— CONTRACT CLAUSES clauses shall be included in the contract ing transition area is amended to read: Part 6-7 of Chapter 6 is revised to read file. Anderson, I nd. as follows: § 6—7.101—1 Definitions. That airspace extending upward from 700 Sec. The following definition shall be added feet above the surface within a 7-mile radius 6-7.000 Scope of part. of Anderson Municipal Airport (latitude to those contained in § 1-7.101-1: 40°06'35" N., longitude 86°36'55" W.); and Subpart 6 -7 .1 — Fixed Price Supply Contracts The term “Government” means the Government of the United States of within 3 miles each side of the 298° bearing 6-7.100 Scope of subpart. from Anderson Municipal Airport, extending 6-7.101 Clauses. America. from the 7-mile radius area to 12% miles 6-7.101-1 Definitions. § 6—7.101—8 Assignment of Claims. northwest of the airport. 6-7.101-8 Assignment of claims. [F.R. Doc. 69-12664; Filed, Oct. 22, 1969; 6-7.101-10 Examination of records. A Contracting Officer may in no event 8:47 am.] 6-7.101-12 Disputes. authorize a transfer or assignment pro 6-7.101-20 Covenent against contingent hibited by 31 U.S.C. 203 or 41 U.S.C. 16. fees. The following clause may be used in [Airspace Docket No. 69-CE-63] 6-7.101-22 Federal, State, and local taxes. lieu of the clause set forth in § 1-30.703 6-7.101-23 Liquidated damages. of this title when it is desirable to pro PART 71— DESIGNATION OF FEDERAL 6-7.101-28 Termination for convenience of the Government. vide explicitly against an attempted AIRWAYS, CONTROLLED AIRSPACE, transfer of performance responsibility: AND REPORTING POINTS 6-7.150 Additional required clauses. 6-7.150-1 Prohibition against items from Assig n m e n t of Claim s and D elegations of Alteration of Transition Area certain areas. R esponsibility 6-7.150-2 U.S. products and services (Bal On pages 13331 and 13332 of the F ed ance of Payments Program). The Contractor shaU not assign, transfer, pledge, nor make other disposition of tn eral R egister dated August 16, 1969, the 6-7.151 Optional clauses. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17167 contract, or any part thereof, or of any rights, (ill) The term “contract date” means the (4) Invoices or vouchers covering any ad claims, or obligations of the Contractor aris date of this contract or, if this is a formally justment of the contract price pursuant to ing from this contract, nor shall the Con advertised contract, the date set for bid this paragraph (c) shall set forth the amount tractor transfer or otherwise delegate the opening; as to additional supplies or serv thereof as a separate item and shall identify performance of any functions hereunder ex ices procured by modification to this con the particular tax or duty involved. cept with the prior written approval of the tract, the term means the date of the (5) No adjustment in the contract price Contracting Officer. modification. or payment or credit to the United States is (b) Except as may be otherwise provided required pursuant to this paragraph (c) if § 6—7.101—10 Examination of Records. id this contract, the contract price includes the total amount thereof for the contract The clause set forth in § 1-7.101-10 of all taxes and duties in effect and applicable period will be less than one hundred dollars this title may be excluded from nego to this contract on the contract date, except ($100). tiated contracts only in accordance with taxes and duties (i) from which the Govern (6) Subparagraphs (1) and (2) of this ment of the United States, the Contractor, paragraph (c) shall not be applicable to so procedures provided in Subpart 1-6.10 any subcontractor, or the transactions or cial security taxes; income and franchise of this title and Subpart 6-6.10 of this property covered by this contract are exempt taxes, other than those levied on or meas chapter. under the laws of the country concerned or ured by (i) sales or receipts from sales, or political subdivision thereof, or (ii) which (ii) the Contractor’s possession of, interest § 6-7.101—12 Disputes. the Government of the United States and in, or use of property, title to which is in the government of the country concerned the Government; excess profits taxes; capital The following clause shall be used in have agreed shaU not be applicable to expend stock taxes; transportation taxes; unemploy lieu of the clause set forth in § 1-7.101- itures in such country by or on behalf of ment compensation taxes; or property taxes, 12 of this title: the United States. other than such property taxes, allocable to Disputes (c) (1) If the Contractor is required to pay this contract, as are assessed either on com or bear the burden— pleted supplies covered by this contract, or (a) Except its otherwise provided in this (1) Of any tax or duty which either was on the Contractor’s possession of, interest in, contract, any dispute concerning a question not to be included in the contract price pur or use of property, title to which is in the of fact arising under this contract which is suant to the requirements of paragraph (b) Government. not disposed oi by agreement shall be decided hereof, or was specifically excluded from the (d) (1) The Contractor shall take all by the Contracting Officer, who shall reduce contract price by a provision of this contract; reasonable action to obtain exemption from his decision to writing and mail or otherwise or or refund of any taxes or duties, including furnish a copy thereof to the Contractor. (ii) Of an Increase in rate of any tax or interest or penalty, from which the U.S. Gov The decision of the Contracting Officer shall duty, whether or not such tax or duty was ernment, the Contractor, any subcontractor, be final and conclusive unless, within 30 days excluded from the contract price; or or the transactions or property covered by from the date of receipt of such copy, the (iii) Of any interest or penalty on any tax this contract are exempt under the laws of Contractor mails or otherwise furnishes to or duty referred to in (i) or (ii) above, the country concerned or political subdivi the Contracting Officer a written appeal ad sions thereof, or which the Government of dressed to the Secretary. The decision of the the contract price shall be correspondingly the United States and the government of the Secretary or his duly authorized representa Increased; provided that the Contractor war country concerned have agreed shall not be tive for the determination of . such appeals rants In writing that no amount of such applicable to expenditures in such country shall be final and conclusive to the extent tax, duty, or increase therein was Included by or on behalf of the United States. permitted by U.S. law. In connection with in the contract price as a contingency re (2) The Contractor shall promptly notify any appeal proceeding under this clause, the serve or otherwise: And provided further, the Contracting Officer of all matters pertain Contractor shall be afforded an opportunity That liability for such tax, duty, Increase ing to taxes or duties which reasonably may to be heard and to offer evidence in support therein, interest or penalty was not Incurred be expected to result in either an increase or of his appeal. Pending final decision of a through the fault or negligence of the Con a decrease in the contract price. dispute hereunder, the Contractor shall pro tractor or his failure to follow instructions (3) Whenever an increase or decrease in ceed diligently with the performance of the of the Contracting Officer or to comply with the contract price may be required under contract and in accordance with the Con the provisions of paragraph (d) (1) below. this clause, the Contractor shall take action tracting Officer’s decision. (2) If the Contractor is not required to as directed by the Contracting Officer, and (b) This “Disputes” clause does not pre pay or bear the burden, or obtains a refund the contract price shall be equitably adjusted clude consideration of law questions in con or drawback, in whole or in part, of any tax, to cover the cost of such action, including nection with decisions provided for in para duty, increase therein, interest or penalty any interest, penalty, and reasonable attor graph (a) above: Provided, That nothing in which (i) was to he included in the contract neys’ fees. this contract shall he construed as making price pursuant to the requirements of para final the decision of any administrative offi graph (b), (ii) was included in the contract § 6—7.101—23 Liquidated damages. cial, representative, or board on a question price, or (iM) was the basis of an increase of law.. in the contract price, the contract price shall The clause set forth in § 1-1.315-3 of be correspondingly decreased or the amount this title shall be inserted under the con § 6-7.101-20 Covenant against contin of such relief, refund, or drawback shall be ditions and in the manner prescribed in gent fees. paid to the Government of the United States, § 1-1.315 of this title. The clause shall be The clause set forth In § 1-1.503 of this as directed by the Contracting Officer. The altered to refer to FS-565 rather than title shall not be excluded from any contract price also shall be correspondingly Standard Form 32. contract. decreased if the Contractor, through his fault or negligence or his failure to follow in § 6—7.101—28 Termination for conven § 6—7.101—22 Federal, State, and local structions of the Contracting Officer or to ience o f the Government. taxes. comply with the provisions of subparagraph (d) (1) below, is required to pay or bear the The following clause shall be inserted The following clause is applicable in burden, or does not obtain a refund or draw in lieu of that referred to in § 1-7.101-28 neu of the clauses referred to in § 1- back of any such tax, duty, increase therein, of this title for all contracts for “com ^*61-22 of this title. The contracting interest or penalty. Interest paid or credited mercial items” as defined in § 1-3.807-1 officer shall obtain and make a part of to the Contractor incident to a refund of (b) (2) (B) of this title: the contract file detailed information taxes or duties shall inure to the benefit of the Government of the United States to the T erm in a tio n for Co n v en ien ce of t h e concerning the specific taxes, normally extent that such interest was earned after G overnm ent applicable to the transaction, for which the Contractor was paid or reimbursed by The Government shall have the right to mere is an exemption. the Government of the United States for terminate this contract at any time by giv- Taxes, Duties, and Charges for Doing such taxes or duties. ing„written notice to the Contractor not less Business (3) If the Contractor obtains a reduction than 10 days prior to the effective date of in hds tax liability under the U.S. Internal termination. Should this contract be ter As used throughout this clause, the Revenue Code of 1954, as amended (title 26, minated pursuant to this clause prior to the *hfnSJUld terms defined in this paragraph United States Code), on account of the pay date it would otherwise expire, the follow *>uau have the meanings set forth herein. ment of any tax or duty which either (i) ing shall apply: (i) The term “country concerned” mean« was to be included in the contract price pur (a) The Government shall complete all 7 country in which expenditures under this suant to the requirement of paragraph (b) contract are made. payments which shall then be due; of this clause, (ii) was included in the con (b) The Contractor shall deliver to the 'I^le words “tax” and “taxes” include tract price, or (iii) was the basis of an in Government all work in process under this l^ J ^ d charges for doing business that are crease in the contract price, the amount of contract requested by the Government; orm!«; by "ttl® government of the country the reduction shall be paid or credited to the (c) The Government shall pay to the Con ther®™6^ 011 by political subdivisions Government of the United States as the Con tractor any sum which Is determined by the tracting Officer directs. Contracting Officer as equitable for any work No. 204- FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17168 RULES AND REGULATIONS in process, which, sum shall include any costs of the Contractor, to proceed under this during the period fr o m ------incurred by the Contractor in terminating contract if it is found, after notice and t o ______f r o m t h e C o n tra c to r. any subcontract. hearing, by the Secretary or his duly author The Government shall not, however, be (d) Should the Contractor be unwilling toized representative, that gratuities (in the obligated to make any purchases in excess of accept the sum so determined by the Con form of entertainment, gifts, or otherwise) its actual requirements. tracting Officer the matter shall be treated as were offered or given by the Contractor, or (b) The Contractor agrees to furnish up a dispute concerning a question of fact any agent or representative of the Contrac to (maximum delivery obligation) of (spe within the meaning of the clause entitled tor, to any officer or employee of the Govern cific property or services) while this contract “Disputes” in the General Provisions of this ment with a view toward securing a contract remains in effect. The Contractor shall not, contract. or securing favorable treatment with re however, be obligated to deliver in excess of spect to the awarding, amending, or the (quantity) during any (time) period, nor § 6—7.150 Additional required clauses. making of any determinations with respect less than (quantity) in any delivery. to this contract. (c) Subject to paragraph (b) above, and § 6-7.150—1 Prohibition against items upon the placing of orders by the Govern from certain areas. (b) In the event that this contract is terminated as provided in paragraph (a) ment at least______days before the date Prohibition Against Items P rom Certain above, the Government shall have the same of requested delivery, the Contractor agrees Areas rights and remedies provided in the clause to make deliveries under this contract at any entitled “Default” in the General Provisions of the following designated point(s): (a) No supplies, however, processed, which (d) The Government shall use a purchase are or were located in or transported from with respect to defaults of the Contractor, and any other rights and remedies provided order (Foreign Service Form 455) in making or through China Mainland (including purchases against this contract. Singkiang, Manchuria, and Tibet), North by law or under this contract. Viet-Nam, North Korea, or Cuba may be § 6—7.151—10 Indefinite quantity clause. used in the performance of this contract. §6 —7.151—5 Language version. (b) The Contractor agrees to insert the Language Version The following clause is Applicable only to indefinite quantity contracts prepared provisions of this clause, including this The English language version of this con paragraph (b) in all subcontracts hereunder. tract shall be the official version and binding in accordance with § 1-3.409(0 of this on both parties. title. § 6-7.150—2 U.S. products and services I ndefinite Quantity Clause (Balance of Payments Program). § 6—7.151—6 Authorization to perform. (a) The Contractor agrees to furnish up The clause set forth in § 1-6.806-4 of Authorization To Perform to (max. delivery obligation) of (specific this title shall be inserted unless the property or services) during the period from The contractor warrants that he has been ______t o ______to procurement qualifies as an exception as duly authorized to operate and do business provided by § 1—6.805 of this title and the Government. The Contractor shall not, in the country or countries in which this however, be obligated to deliver in excess of § 6-6.805 of this chapter. contract is to be performed; that he has (quantity) during any (time) period, nor obtained, at no cost to the U.S. Government, § 6—7.151 Optional clauses. less than (quantity) in any delivery. all necessary licenses and permits required (b) Subject to paragraph (a) above, and The clauses set forth in this section in connection with the contract; and that upon the placing of orders by the Govern may be used when applicable to specific he wiU fully comply with all laws, decrees, labor standards, and regulations of such ment at least ______day(s) before the procurements, and may be modified country or countries during the performance date of requested delivery, the Contractor when required. agrees to make deliveries under this contract of this contract. at any of the following designated points: § 6—7.151—1 Security requirements. § 6—7.151—7 Seller’s invoices. (c) The Government agrees to purchase a P ersonnel minimum of (minimum order obligation) of The following clause is applicable only (specific property or services) while this The Contractor agrees, if requested, to to negotiated contracts. contract is in effect. furnish the Government with the name, (dj The Government shall use a purchase Seller’s Invoices date and place of birth, current address, and order (Foreign Service Form 455) in placing such other biographical information as is - invoices shall be prepared and submitted orders against this contract up to the Gov readily available to the Contractor, concern in quadruplicate unless otherwise specified. ernment’s minimum purchase obligation, and ing any individual before permitting such Invoices shall contain the following informa in making purchases against this contract individual to be used in the performance of tion: Contract and order number (if any), over the Government’s minimum purchase t.v»i.q contract. The Contractor further agrees item numbers, description of supplies or obligation. to permit only those individuals approved services, sizes, quantities, unit prices, and by the Government to be used in the per extended totals. Bill of lading number and § 6 -7 .1 5 1 -1 1 Contracting officer’s rep formance of this contract. weight of shipment will be shown for ship resentative. ments made on Government bills of lading. §6-7.151-2 Notice. The following clause may be used in designating an authorized representative Notice § 6—7.151—8 Discounts. The following clause is applicable only of the contracting officer (such a designee Any order, notice, or request, relating to may not make any commitments or this contract given by either party to the to negotiated contracts. changes which will affect the price, qual other shall be in writing, and mailed, or Discounts delivered by hand, to the party entitled ity, quantity or delivery terms): thereto at the address set forth herein. All In connection with any discount provided modifications to the contract must be made, for, time will be computed from date of R epresentatives of the Contracting in writing, by the Government’s Contracting delivery of the supplies to carrier when de Officer Officer. livery and acceptance are at point of origin The Contracting Officer reserves the right or from date of delivery at destination or to designate representatives to act for him § 6—7.151—3 Notice of shipments. port of embarkation when delivery and ac in furnishing technical guidance and advice Notice of Shipm ents ceptance are at either of those points, or or, generally supervise the work to be per from date correct invoice or voucher is re formed under this contract. Such designa At the time of delivery of any shipment ceived in the office specified by the Govern tion will be in writing and will define tn of supplies to a carrier for transportation, ment if the latter date is later, than the date scope and limitations of authority. (Such the Contractor shall give prepaid notice of of delivery. Payment is deemed to be made, designee may not make any commitments o shipment to the consignee establishment, for the purpose of earning the discount, on changes which will affect the price, qua i y. and to such other persons designated by the the date of mailing of the Government quantity, or delivery terms.) A copy of tn Contracting Officer, and in accordance with check. designation shall be furnished to tne his instructions. If such instructions have not been received by the Contractor at least § 6—7.151—9 Requirements clause. Contractor. 24 hours prior to such delivery to a carrier, The following clause is applicable only § 6—7.151—12 Labor, supplies and the Contractor shall request instructions equipment. from the Contracting Officer concerning the to requirements contracts prepared in notice of shipment to be given. accordance with § 1-3.409 (b) of this Labor, Supplies and E q u ipm en t title. The Contractor shall furnish all labor, sup § 6—7.151—4 Gratuities. Requirements Clause plies, and equipment necessary for the P Gratuities (a) The Government agrees to purchase form ance of this contract. Necessary storag (a) The Government may, by writtenall of its requirements of (specific property space for supplies and equipment will be notice to the Contractor, terminate the right or services) for use at (designated activities) nished by the Government. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17169 § 6—7.151—13 Protection of Government only in accordance with the following condi justment because of such delay or buildings, equipment, and vegetation. tions: interruption (e.g., Government-furnished (1) Such an upward adjustment shall be Protection or Government Buildings, made only if the Contractor’s applicable es property, changes, etc.). E quipment, and Vegetation tablished price has increased subsequent to (b) The clause does not authorize the The Contractor shall use reasonable care the contract date. contracting officer to order a suspension, to avoid damaging existing buildings, equip (2) No unit price shall be increased by a delay or interruption of the work and it ment, and vegetation (such as trees, shrubs, percentage greater than the percentage in shall not be used as the basis for or to and grass) on the Government installation. crease in the Contractor’s applicable estab justify such an order. If the Contractor fails to do so and damages lished price. (c) When the contracting officer has any such buildings, equipment, or vegetation, (3) The aggregate of the increases in any notice of an unordered delay or inter he shall replace or repair the damage at no unit price made under this clause shall not ruption covered by the clause, he will act expense to the Government as directed by the exceed_____ percent of the original appli Contracting Officer. If he fails or refuses to cable unit price. to end it or take other appropriate action make such repair or replacement, the Con (4) No adjusted unit price shall be ef as soon as practicable. tractor shall be liable for the cost thereof fective earlier than the effective date of the (d) The contracting officer shall retain which may be deducted from the contract increase in the applicable established price, in the file a record of all negotiations price. or the date of receipt by the Contracting leading to any adjustment made under Officer of the Contractor’s request for § 6—7.151—14 Price escalation. adjustment, whichever is the later. the clause, including cost or pricing data. (5) No upward adjustment in unit prices G overnment Delay of Work The following price escalation clause is hereunder shall apply to supplies which were authorized for use in negotiated fixed- required by the contract delivery schedule to (a) If the performance of all or any part price supply contracts, described in of the work is delayed or interrupted by an be delivered prior to the effective date of the act of the Contracting Officer in the admin §6-3.404-3 for “commercial items” for related increased in the applicable estab istration of this contract, which act is not which established prices exist and have lished price, unless the Contractor’s failure expressly or impliedly authorized by this been verified in accordance with criteria to delivery supplies in accordance with the contract, or by his failure to act within the in § l-3.807(b) (2) of this title. The delivery schedule results from causes beyond time specified in this contract (or within a the control and without the fault or negli clause may be modified for use with gence of the Contractor, within the meaning reasonable time if no time is specified), an labor-hour contracts as described in off paragraph (c) of the clause of this con adjustment (excluding profit) shall be made § 1-3.406-2 of this title. In administering for any increase in the cost of performance tract entitled “Default”, in which case the of this contract caused by such delay or in contracts containing this clause, Con contract shall be amended to make an equi terruption and the contract modified in writ tracting Officers are cautioned to give table extension of the delivery schedule. ing accordingly. Adjustment shall be made immediate attention to requests for (e) In the event the requested upward also in the delivery or performance dates and price escalation. According to paragraph adjustment in any contract unit price is ac any other contractual provision affected by (f) of the clause, a permissible request ceptable to the Contracting Officer, he shall such delay or interruption. However, no ad establishes a new contract price pending so notify the Contractor, and the contract justment shall be made under this clause shall be amended accordingly. In the event for any delay or interruption (i) to the ex agreement or cancellation of the the requested upward adjustment is not ac contract. tent that performance would have been ceptable to the Contracting Officer, or if the delayed or interrupted by any other cause, P rice Escalation Contracting Officer does not reach an agree including the fault or negligence of the Con (a) The Contractor warrants that the unit ment with the Contractor with respect to a tractor; or (ii) for which an adjustment is prices stated herein, excluding any part of price increase, the Contracting Officer may, provided or excluded under any other provi the prices which reflects requirements for within 30 days after receipt of the Contrac sion of this contract. preservation, packaging, and packing beyond tor’s request, cancel without liability to (b) No claim under this clause shall be standard commercial practice, are not in ex either party the Contractor’s right to proceed allowed (i) for any costs incurred more than cess of the Contractor’s applicable established with performance of that portion of the twenty (20) days before the Contractor shall prices in effect on the contract date for like contract which is undelivered at the time of have notified the Contracting Officer in writ quantities of the supplies covered by this such cancellation. ing of the act or failure to act involved; and contract. The term “established price” as used (f) During the period after the Contractor (ii) unless the claim, in an amount stated, in this clause is the net price after applying has requested an upward adjustment, and is asserted in writing as soon as practicable suy applicable standard trade discounts of prior to an agreement between the parties after the termination of such delay or inter fered by the Contractor from his list or with respect to the request, or cancellation ruption, but not later than the date of final catalog price. of the contract pursuant to paragraph (e), payment under the contract. (b) The Contractor shall promptly notify the Contractor shall continue deliveries ac the Contracting Officer as to the amount and cording to the terms of the contract. The § 6—7.151—16 Indemnification. Contractor shall be paid for such deliveries effective date of each decrease in any appli In view of the established policy that cable established price, and each applicable at the applicable increased unit prices as contract unit price shall be decreased by the requested; provided, that such requested in the Government is a self-insurer, as pro ®ame percentage that the applicable estab creases satisfy all the conditions and do not vided in § 1-10.301 of this title, con lished price is decreased. Any such decrease exceed the limitations of paragraph (d ), and tractors should not ordinarily be re hi a unit price shall apply to those supplies provided further, that if the parties agree on quired to assume risks which a private delivered on and after the effective date of an increase less than that requested, pay buyer would guard against through in each applicable decrease in the Contractor’s ments previously made at the requested amount shall be adjusted accordingly, If surance. There may be occasions, how established price, and this contract shall be ever, when a contractor’s assumption of amended accordingly. The Contractor shall the Contracting Officer neither reaches an certify on each invoice submitted under the agreement with the Contractor on the re such risks is in the best interest of the contract that each unit price stated therein quested adjustment, nor cancels the con Government and the following clause is reflects all decreases, if any, which the Con tract, the Contractor shall continue deliv authorized for use on those occasions. tractor had made in the established price ap eries according to the terms of the contract, In the determination of it’s use, the Con plicable thereto, since the contract date; or and the Contractor shall be paid therefor at tracting Officer should weigh the advan shall certify on the final invoice that all such the applicable increased unit prices as re tages it provides against the likelihood ecreases have been applied to supplies de quested; provided, that such requested in of resulting increased prices. livered on and after the effective date of creases satisfy all the conditions and do not ach such decrease in the Contractor’s estab exceed the limitations of paragraph (d). I ndemnification lished prices. The Contractor expressly agrees to indem (c) The Contractor may from time to time § 6—7.151—15 Government delay of work. nify and to save the Government, its officers, .. er the date of this contract and during agents, servants, and employees harmless +,e Performance hereof, by written notice to (a) The clause below provides a meansfrom and against any claim, loss, damages, aril Contracting Officer, request an upward for the fair and expeditious administra injury, and liability, however caused, result justment in any of the contract unit prices ing from or arising out of the Contractor’s v it effective as of a date to be specified tive settlement of claims arising out of certain delays and interruptions in the fault or negligence in connection with the artji Contractor. Such request shall be performance of work under this contract. TMvt? ,uP°n in accordance with the following contract work caused by the acts, or Further, it is agreed that any negligence or Provisions of this clause. failures to act, of the contracting officer alleged negligence of the Government, its unit ^ uPwar FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17170 RULES AND REGULATIONS nniftag the act or omission of the Govern § 101—46.407 Reports. the Yukon River; however, this power- ment, its officers, agents, servants and em site modification is subject to the condi ployees is the sole, competent, and producing As soon as possible after the close tion that should the land traversed by cause of such claim, loss, damages, injury, of each fiscal year, but in no event later the right-of-way be required for reser or liability. than 90 calendar days after such close, executive agencies shall submit a sum voir or power purposes, any improve § 6—7.151—17 Commercial warranty. mary report in letter form on the trans ments or structures thereon, when found Commercial Warranty by the Secretary of the Interior to inter actions made pursuant to this part fere with reservoir or power development, The Contractor agrees that the supplies during the fiscal year except for trans shall be removed or relocated to elimi or services furnished under this contract actions involving books and periodicals. shall be covered by the most favorable com Negative reports are required. Total nate interference with such develop mercial warranties the Contractor gives to acquisition cost for property exchanged, ment at no cost to the United States, any customer for such supplies or services and total acquisition cost for property its permittees or licensees. and that the rights and remedies provided sold, shall be furnished by two-digit W alter J. Hickel, herein are in addition to and do not limit Federal Supply Classification Groups. any rights afforded to the Government by Secretary of the Interior. . any other clause of this contract. The above data shall be broken down to show transactions in two categories: (a) October 15,1969. § 6—7.151—18 Price warranty. In the States of the United States, the [F.R. Doc. 69-12683; Piled, Oct. 22, 1969; P rice Warranty District of Columbia, Puerto Rico, and 8:48 a.m.] The Contractor warrants that the prices the Virgin Islands; and (b) in all other of the items set forth herein do not exceed areas of the world. The summaries shall [Public Land Order 4718] not include any property initially desig those charged by the Contractor to any other [Wyoming 19178] customer purchasing the same items in like nated for exchange/sale but which was or comparable quantities. transferred for further Federal utiliza WYOMING tion. Reports shall be addressed to the § 6—7.151—19 Availability of funds. Commissioner, Property Management Partial Revocation of Executive Order The following clause is applicable to and Disposal Service, General Services No. 5327 and Public Land Order certain types of contracts whose per Administration, Washington, D.C. 20405. No. 4522 formance periods cross fiscal years. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) By virtue of the authority vested in These contracts are identified in Subpart Effective date. This amendment is the President by section 1 of the Act of 6-3.4 of this chapter. effective upon publication in the F ed June 25, 1910 (36 Stat. 847; 43 U.S.C. Availability op F unds eral R egister. 141), and pursuant to Executive Order Funds are not presently available for per Dated: October 17, 1969. No. 10355 of May 26, 1952 (17 F.R. 4831), formance under this contract beyond June it is ordered as follows: 30, 19__ The Government’s obligation for R obert L. K unzig, 1. Executive Order No. 5327 of performance of this contract beyond this, Administrator of General Services. April 15, 1930, and Public Land Order date is contingent upon the availability of [F.R. Doc. 69-12707; Filed, Oct. 22, 1969; No. 4522 of September 13, 1968, with appropriated funds from which payment for 8:50 a.m.] drawing oil shale deposits and lands con the contract purposes can be made. No legal taining such deposits, are hereby revoked liability on the part of the Government for payment of any money for performance so far as they affect the following de under this contract beyond June 30, 19—, scribed lands except for the oil shale de shall arise unless and until funds are made Title 43— PUBLIC LANDS: posits therein: available to the Contracting Officer for such Sixth Principal Meridian performance and notice of such availability, to be confirmed in writing by the Contract INTERIOR T. 19 N., R. 109 W., ing Officer, is given to the Contractor. Sec. 30, lot 4, SE 14 SW14 , W&W$SW$ Chapter II— Bureau of Land Man SE 14 , NE % NW V4 S W14 SE %, W^NW^ [seal] W illiam B. Macomber, Jr., agement, Department of the Interior NE%SW%SE%. Deputy Under Secretary for Administration. APPENDIX— PUBLIC LAND ORDERS The areas described aggregate 94.70 [Public Land Order 4717] acres in Sweetwater County. October 10, 1969. 2. Pursuant to the Act of Septem [F.R. Doc. 69-12676; Filed, Oct. 22, 1969; [Fairbanks 030632] ber 19, 1964 (78 Stat. 986; 43 U.S.C. 1411- 8:48 a.m.] ALASKA 18), the lands are hereby classified for sale under the Public Land Sale Act (78 Modification of Powersite Classifica Stat. 988; 43 U.S.C. 1421, 1427), subject Chapter 101— Federal Property tion No. 445 (Yukon River Near to the regulations in 43 CFR 2243.2. Management Regulations Rampart, Alaska) H arrison Loesch, SUBCHAPTER H— UTILIZATION AND DISPOSAL In order to permit the construction Assistant Secretary of the Interior. PART 101-46— UTILIZATION AND of a public facility in the public inter October 16, 1969. DISPOSAL OF PERSONAL PROP est, and in reliance upon the assurance [F.R. Doc. 69-12635; Filed, Oct. 22, 1969; of the State of Alaska that it will do all 8:45 a.m.] ERTY PURSUANT TO EXCHANGE/ things necessary and appropriate in SALE AUTHORITY connection with said construction to [Public Land Order 4719] Subpart 101—46.4— Disposal preserve and protect the environment and natural resources; Now, Therefore, [Sacramento 1798, 1799, 1800, 2293] Domestic and Overseas R eporting By the authority contained in the Act CALIFORNIA This amendment revises § 101-46.407 of March 3, 1879 (20 Stat. 394; 43 U.S.C. so that it will clearly provide for a sum 31), and 1950 Reorganization Plan No. 3 Withdrawal for National Forest Ad mary of exchange transactions and a (64 Stat. 1262) , it is ordered as follows: ministrative Sites and Recreation Public Land Order No. 3520 of Janu summary of sale transactions which ary 5, 1965, which established Powersite Areas occur in the States of the United States, Classification No. 445, is hereby modified By virtue of the authority vested in the the District of Columbia, Puerto Rico, to the extent necessary to permit the President and pursuant to Executiv and the Virgin Islands, and similar but State of Alaska to locate a right-of-way Order No. 10355 of May 26, 1952 separate summaries of such transactions under R.S. 2477 (43 U.S.C. 932) for the F.R. 4831), it is ordered as follows: which occur elsewhere in the world. construction of a State highway run 1. Subject to valid existing rights, the Section 101-46.407 is revised as follows: ning from Livengood northwesterly to following described national forest lanas FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17171 are hereby withdrawn from appropria 5. GE accepts the Commission’s de tion under the mining laws (30 U.S.C., Title 47— TELECOMMUNICATION cision to class its moisture detection sys ch. 2), but not from leasing under the tem as a low power communication de Chapter I— Federal Communications mineral leasing laws, in aid of programs vice within the provisions of Part 15, and Commission of the Department of Agriculture: argues that the proposed limits of field [Docket No. 18260; FCC 69-1112] strength are adequate to protect the au M o u n t D ia b l o M e r i d i a n thorized communication services. In ad (Sacramento 1798) PART 15—-RADIO FREQUENCY dition, GE urges that measuring de DEVICES vices not be included in any downward STANISLAUS NATIONAL FOREST revisions in allowable bandwidth as sug Clark Fork Administrative Site Report and Order gested in Docket No. 18262 for ISM T. 6 N., R. 19 E„ In the matter of amending Part 15, equipment using 915 MHz for the funda Sec. 22, SW Î4 NE% NE %, S^N W ^N E^, Subpart E—to provide for RF operated mental frequency. N&SW&NEÎ4, W%SE%NE&, SE14 NE4 measuring devices, Docket No. 18260, 6. Owens originally differed with the NWy4, and NE%SE%NW^. RM 1223, RM 1289. Commission’s characterization of its de The areas described aggregate 90 acres in 1. Notice of proposed rule making in vice as a communication system but now Tuolumne and Alpine Counties. this proceeding was adopted on July 17, concludes that the Commission’s classi (Sacramento 1800) 1968 (33 F.R. 8793), in response to peti fication is logical and correct and accedes that Part 15 should govern its operation. Horse Meadow Administrative Site tions filed by Owens-Illinois, Inc. (RM 1223), and the Home Laundry Depart Furthermore, in its reply comment, T. 4 N., R. 21 E.,- ment of the General Electric Co. (RM Owens points out that A.T. & T. has not sec. 27, sy2SE4 NE4 NW4 , Ey2Wi/2SE^ 1289) to provide for the operation with proffered engineering documentation to NWy4, NE 4 SE 4 SE 4 NW 4 , W%E%SE4 support its statement concerning the Nwy4, ei/2 n e 4 s e 4 NW4 , wy2sw y4 out individual licensing, or certain meas uring devices. That notice proposed regu lack of adequate safeguards against in SE4 NW4 , wy2NEy4sw y4, w %n e 4 terference in Part 15. NE 4 SW 4 , E y2 NE 4 NW 4 S W 4 , SEV4 lations to grant alternative provisions Nwy4sw^4, se 4 s w 4 n w 4 s w 4 , NE4 under Subpart E of Part 15 for the oper 7. The Michigan CB Council objects to SW4 SW4 , wy2 s e 4 s w 4 s w 4 , w y2 ation of RF devices used for measure the operation of additional RF devices SW4 SW4 , n e 4 se 4 s w 4 sw 4 , and ment purposes only. in the frequency band 26.97-27.27 MHz NW 4 NW 4 SE 14 SW14 ; 2. Both petitioners initially sought to which is also used by Citizens Radio Sec. 34, NWy4NEy4NWy4NWi/4 and NE 14 have their measuring devices classed as Stations. However no data is submitted NWy4Nwy4Nwy4. ISM Miscellaneous Equipment under to show how RF measuring devices op The areas described aggregate 125 acres in Part 18 of the FCC rules either by giving erating within the technical specifica Tuolumne County. a broad interpretation to the existing tions proposed by the Commission would (Sacramento 2293) definition of Miscellaneous Equipment or affect the Citizens Radio Service. Micro- by amendment to include measurement wave Controls, Inc., states that its in KLAMATH NATIONAL FOREST .processes. Neither petitioner presented dustrial RF proximity controls cannot Spring Flat Campground evidence sufficiently cogent to convince be operated within the technical speci T.44N., R. 11 W„ the Commission that such action would fications proposed in our notice and Sec. 21, SE4 SE 14 SE4 and E4SW4SE4 be proper. In view of the lack of persua requests that provision be made in SE4; sive data, the Commission considered it Part 18 for such controls. The Commis Sec. 28, NE 14 NE 14 NE 14 and E4 NW4 NE4 undesirable and not in the public in sion recognizes the importance of the NE14 . terest to blur the carefully planned and industrial controls such as those made The areas described aggregate 30 acres in historically established distinction be by Microwave, but wishes to point out Siskiyou County. tween Part 15 restricted radiation de that the said controls do not appear to H u m b o l d t M e r i d i a n vices and Part 18 ISM equipment. Con be measuring devices contemplated by sequently, the Commission found that this proceeding and would therefore not (Sacramento 1799) the petitioners’ devices should be classed be subject to the regulations adopted SIX RIVERS NATIONAL FOREST as restricted radiation devices serving a herein. Bluff Creek Recreation Area low power communication function. 8. Since the question of regulation un 3. Comments were received from the der Part 18 has been raised in the com T. 10 N..R.5E., following parties: Sec. 19, SW4 NE4 SW4 and NW4 SE4 ments submitted by Owens and Micro- SW14 ; American Telephone and Telegraph Co. (A. wave Controls, we reiterate our discus Sec. 30, E% lot 1, Ei/2 lot 4, Ey2 lot 5, SE4 T. & T .). sion concerning Parts 15 and 18. It should SW14 NW4 , SE14 NW14 , and SE4 SW14 General Electric Co., Home Laundry Depart be observed that Part 15, in general, deals (except parcel lying east of State high ment (GE). with devices which emit a relatively low way described in serial number Sacra Owens-Illinois, Inc. (Owens) .' level of signal and which fall into the mento 046100, Forest Exchange, contain Michigan CB Council. general area of communications. More ing approximately 16 acres). Microwave Controls, Inc. over, by definition in § 15.4(f), “a re The areas described aggregate approxi 4. A.T. & T. proposes that measuring stricted radiation device * * * used for mately 143.36 acres in Humboldt County. devices be accommodated under Part 18 the transmission of * * * intelligence 2. The withdrawal made by this orderrather than Part 15. In support of this of any nature by radiation of electro proposition, A.T. & T. maintains that magnetic energy” is a “low power com does not alter the applicability of those allowing operation under Part 15 would munication device.” Part 18, on the other Public land laws governing the use of the be a threat to communications, particu hand, deals with devices involving the national forest lands under lease, license, larly in view of the projected future use generation of a substantial amount of or Permit, or governing the disposal of of the band 919-947 MHz for common RF power which is not used for commu their mineral or vegetative resources Carrier base stations suggested in Docket nications. Neither measuring device de other than under the mining laws. No. 18262. A.T. & T. argues that Part scribed in the notice nor the proximity 15 does not include the safeguards control discussed above uses RF energy H arrison Loesch, against “spectrum pollution” contained to do work or produce physical, biologi Assistant Secretary of the Interior. in Part 18. In addition, A.T. & T. con cal, or chemical effects on material; the October 17,1969. tends that the dangers to the frequency devices proposed by the petitioners are spectrum inherent in the operation of utilized merely in the transmission of [P-R. Doc. 69-12636; Filed, Oct. 22, 1969; large numbers of consumer appliances information as to the magnitude of some 8:45 a.m.] without such safeguards are substantial. quantifiable property of material. It is FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17172 RULES AND REGULATIONS with this view that the Commission has vice used for measurement purposes” Emission (hv/m at 100 feet) characterized the function of such RP contained in the July proposal. A third Fundamental ■■ 1 1 '■ "*■- - .... frequency On funda- On On operated measuring devices as the Owens change is the inclusion of a reference to in the band mental harmonic other glass thickness gauge and the GE mois §§ 0.457 and 0.461 which sets out the frequency frequencies frequencies ture detection system. conditions under which information filed 9. Although A.T. & T. alleges that Part with the Commission will be made avail 13.654-13.566 M H z.. 15 0.5 0.5 able for public inspection. 26.96-27.28 MHz----- 32 1.0 1.0 15 does not contain the safeguards 40.66-40.70 MHz___ 50 1.5 1.5 against harmful interference included in 13. Notice is given that the regulations above 890 MHz____ 500 50.0 15.0 Part 18, the Commission believes that adopted herein are subject to such Part 15 is designed to provide adequate changes as may be required as a result of the reallocation of the frequency band (e) The device shall be self-contained protection for the licensed communica with no external or readily accessible tion services and that the possibility of 806-960 MHz, now pending in our rule- making proceeding in Docket No. 18262. controls which may be adjusted to per measuring devices causing harmful in mit operation in a manner inconsistent terference is remote. Part 15 devices are 14. Therefore, in view of the foregoing and pursuant to the authority contained with the provisions of this section. Any permitted to operate only to the extent antenna that may be used with the that no interference is caused to the li in §§ 4.(1), 301, and 303 (r) of the Com munications Act of 1934, as amended: device shall be permanently attached censed services. If any interference is thereto and shall not be readily modi caused, the operation of the Part 15 de It is ordered, That effective November 25, 1969, Part 15, Radio Frequency De fiable by the user. vice must be terminated. Moreover, the (f) The device shall be prototype cer Commission agrees with Owens’ obser vices, is amended in the manner set forth below. It is further ordered, That this tificated pursuant to §§ 15.251-15.254 vation that A.T. & T. has not presented inclusive. any specific showing or data to docu proceeding in Docket No. 18260 is terminated. 3. New §§ 15.251-15.254 are added to ment alleged interference possibilities. read as follows: Conversely both Owens and GE present (Secs. 4, 301, 303, 48 Stat., as amended, 1068, engineering data showing that their 1081, 1082; 47 U.S.C. 154, 301, 303.) § 15.251 Certification of measuring de vice operating pursuant to § 15.214. measuring devices operate within the Adopted: October 15,1969. field strength limits prescribed for Part (a) A device operating pursuant to 15 devices. Like all other Part 15 devices, Released: October 20,1969. § 15.214 need not be certificated by the these measuring devices may be oper F ederal C ommunications owner or user if the device has been cer ated within the specified frequency bands C o m m is s io n ,1 tificated by the manufacturer. on a sufferance basis provided specified [ s e a l ] B e n F . W a p l e , (b) Where certification is based on radiation limitations and other oper Secretary. measurement of a prototype, a sufficient ating conditions are met. Furthermore, number of units shall be tested to insure to provide an additional safeguard Part 15 is amended as follows: that all production units can be reason against harmful interference, tamper 1. The text of § 15.201 is amended to ably expected to comply with the appli proof construction is required and add paragraph (d) to read as follows: cable technical requirements. antenna substitution is prohibited by the § 15.201 Frequencies of operation. (c) The certificate shall be filed with rules being adopted. * * * * * the FCC, Washington, D.C. 20554. 10. In accordance with the above, the (d) A low power communication de (d) The certificate filed by the manu Commission finds that it is more appro facturer will be available for public in vice used for measurement of the char spection pursuant to the provisions of priate to classify the devices with which acteristics of materials may be operated we are here concerned as low power com on frequencies and under the alternative §§ 0.457 and 0.461 of this chapter. munication devices under Part 15 than provisions listed in § 15.214. § 15.252 Content~t>f certificate re q u ire d as miscellaneous equipment under Part 2. A new § 15.214 is added to read as by § 15.214. 18. Such devices will be confined in their follows: operation solely to measuring the char (a) The manufacturer, model, and acteristics of materials at specified fre § 15.214 Alternative provisions for serial number (s) or other positive identi quencies, subject to specified technical measuring devices. fication of the device that was tested. standards and certification procedures. (b) Photographs of the device. (a) A low power communication de (c) A description of the circuitry and 11. None of the comments addressed vice used for measurement of the char how the device operates. themselves to the specific technical acteristics of materials may operate in (d) The conditions under which the standards that had been proposed in our the frequency bands listed in paragraph device shall be operated. July 17,1968 notice. Further study by the (c) pursuant to the provisions in this Commission, however, has indicated the (e) The antenna, if any, to be used section. with the device. advisability of providing greater protec (f) A report of measurements pursu tion to aviation navigational and com (b) A device operated pursuant to the alternative provisions of this section may ant to § 15.253. T ; munication services and to television re (g) If filed by manufacturer, a state ception than would have been afforded not be used for voice communications, or ment certifying that production will be by the table of allowable level of radia the transmission of any other type adequately controlled to insure that all tion in our proposal. The rules adopted message. units produced can be reasonably ex herein accordingly retain the same level pected to comply with the applicable of allowable radiation on the fundamen (c) The device shall operate within the frequency bands: technical requirements. tal frequency as proposed, but require the (h) If filed by manufacturer, a copy oi level of harmonic and other spurious MHz MHz . emissions to be held about 30dB below 13.554-13.566 890-940 the installation and operating instruc the allowable level of emissions on the 29.96-27.28 (See note) tions provided to the user. fundamental (20dB down on harmonics, 40.66-40.70 2400-2500 (i) Date of certificate. if the fundamental frequency is above 5725-5875 (j) Signature. If filed by the manu 22000-22250 facturer, the certificate shall be sig n ea 890 MHz). Note: The frequency band 890-940 MHz by a responsible official, who shall state 12. The rules adapted herein also Is subject to change pursuant to the reallo that he is authorized to- sign *?r "rf specify the frequency range over which cation of frequencies that may be made in manufacturer and shall indicate his tit measurements are to be made, § 15.253- the band 806-960 MHz In the rule making proceeding in Docket No. 18262. § 15.253 Report of measurements for a (d). The type of measuring device to be device operating pursuant encompassed is clarified by substituting (d) The maximum level of emission § 1 5 .2 1 4 . the expression “device used for the mea from the device shall not exceed: The report of measurements may be surement of the characteristics of ma prepared by any engineer skilled in ma ■ terials” in place of the expression “de 1 Commissioner Cox absent. ing and interpreting the measuremen FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 RULES AND REGULATIONS 17173 that are required and shall contain the § 28.28 Special regulations, public ac (1) Blinds. The construction of per following information. cess, use, and recreation; for indi manent blinds or pits is not permitted. (a) Identification of the device(s) vidual wildlife refuge areas. Portable blinds may be used but not left tested. Alaska on the refuge. (b) List of measuring equipment used The provisions of this special regula showing manufacturer, model number KENAI NATIONAL MOOSE RANGE tion supplement the regulations which and date when last calibrated. The use of lightweight, motorized vehi govern hunting on wildlife refuge areas (c) Description of measurement pro cles commonly identified by the general generally which are set forth in Title cedure used. If a published standard was term “snow-traveler” is permitted on 50, Code of Federal Regulations, Part 32, followed, reference to the standard is areas of the Kenai National Moose Range and are effective through January 4, sufficient, provided any departure from that are closed to travel by conventional 1970. such standard is described in detail. vehicles, subject to the following special William T. K rummes, (d) Report of the measurements ob conditions: , Regional Director, tained on the fundamental, and on har 1. The use of “snow-traVelers” will be Albuquerque, N. Mex. monic and other spurious signals emitted permitted only during the period Decem October 17, 1969. by the device. For this measurement, the ber 1,1969, through March 31,1970, pro [F.R. Doc. 69-12640; Filed, Oct. 22, 1969; frequency spectrum shall be scanned vided snow depth is sufficient to protect 8:46 a.m.] from the lowest frequency generated by underlying vegetation and terrain along the device to the 10th harmonic of the the route of travel. operating frequency. 2. Only “snow-travelers” with an over PART 32— HUNTING N (e) Representative calculations used all width of 46 inches or less will be per Browns Park National Wildlife to determine field strength from the ac mitted. Refuge, Colo. tual meter reading indicating the con 3. The use of “snow-travelers” as an version factors used and their source. aid in big-game hunting or for trans . The following special regulation is is (f) The date the measurements were porting big game is prohibited. sued and is effective on date of publica made. 4. The use of “snow-travelers” on roads tion in the Federal R egister. (g) The name and address of the within the Range open to conventional § 32.22 Special regulations; upland engineer or technician who made the vehicle travel are subject to regulations game; for individual wildlife refuge actual measurements, and the name and applicable to conventional vehicles. areas. address of his employer, if any. The provisions of this special regula Colorado (h) The signature and printed name tion supplement the regulations which BROWNS PARK NATIONAL WILDLIFE REFUGE and address of the engineer responsible govern public access, use and recreation Public hunting for cottontail rabbits is for the report. on wildlife refuge areas generally and permitted on the Browns Park National which are set forth in Title 50, Code of Wildlife Refuge, Colo., from Novem § 15.254 Identification of a device cer Federal Regulations, Part 28, and are tificated under § 15.214. ber 15, 1969, through January 11, 1970, effective through March 31, 1970. inclusive, except in those areas desig (a) Each device certificated under T ravis S. R oberts, nated by signs as closed to hunting. This § 15.214 shall be identified by a label Acting Regional Director, Bu open area, comprising 4,501 acres, is de which may be part of the nameplate. reau of Sport Fisheries and lineated on maps available at refuge (b) The label shall state that a cer Wildlife, Portland, Oreg. headquarters, Greystone, Colo., and from tificate has been filed with the Oonb- October 14,1969, the Regional Director, Bureau of Sport mission attesting compliance with the Fisheries and Wildlife, Post Office Box applicable technical requirements. * [F.R. Doc. 69-12638; Filed, Oct. 22, 1969; 1306, Albuquerque, N. Mex. 87103. (c) The label shall state further: 8:45 a.m.] Him ting will be in accordance with all Operation of this equipment is subject to applicable State regulations covering the the following two conditions: 1. This equip PART 32— HUNTING hunting and possession of cottontail ment may not cause harmful interference. rabbits. 2. This equipment must accept any interfer Pathfinder National Wildlife Refuge, The provisions of this special regula ence that may he received, including inter Wyo. tion supplement the regulations which ference that may cause undesired operation. govern hunting of wildlife refuge areas (d) The label shall be permanently The following special regulation is is generally which are set forth in Title 50, attached to the device and shall be sued and is effective on date of publica Code of Federal Regulations, Part 32, readily visible by prospective purchasers. tion in the F ederal R egister. and are effective through January 11, (e) The label may be attached only § 32.12 Special regulations; migratory 1970. after the certificate required by § 15.214 game birds; for individual wildlife H. J. J ohnson, bas been filed with the Commission. refuge areas. Refuge Manager, Browns Park National Wildlife Refuge, [PJt. Doc. 69-12639; Filed, Oct. 22, 1969; W yoming Vernal, Utah. 8:45 am.] pathfinder national wildlife refuge October 17, 1969. Public hunting of mallard ducks on [F.R. Doc. 69-12675; Filed, Oct. 22, 1969; the Pathfinder National Wildlife Refuge, 8:48 a.m.] Title 50— WILDLIFE AND Wyo., is permitted from December 13, 1969, through January 4, 1970, inclusive, PART 32— HUNTING FISHERIES but only on the area designated by signs as open to hunting. This open area, com San Andres National Wildlife Chapter I— Bureau of Sport Fisheries prising 3,760 acres, is delineated on Refuge, N. Mex. and Wildlife, Fish and Wildlife maps available at refuge headquarters, The following special regulation is Service, Department of the Interior Walden, Colo., and from the Regional issued and is effective on date of publica PART 28— PUBLIC ACCESS, USE, Director, Bureau of Sport Fisheries and tion in the F ederal R egister. AND RECREATION Wildlife, Post Office Box 1306, Albuquer § 32.32 Special regulations; big game; que, N. Mex. 87103. Hunting shall be in for individual wildlife refuge areas. Kenai National Moose Range, Alaska accordance with all applicable State and New Mexico The following special regulation is Federal regulations covering the hunting SAN ANDRES NATIONAL W ILDLIFE REFUGE issued and is effective on date .of publica of mallard ducks subject to the follow Public hunting of desert bighorn sheep tion in the Federal Register: ing special condition: on the San Andres National Wildlife FEDERAL REGISTER, VOL. 34, NO. 204—-THURSDAY, OCTOBER 23, 1969 17174 RULES AND REGULATIONS Refuge, N. Mex., is permitted from No govern hunting on wildlife refuge areas vember 1, through November 9, 1969, generally which are set forth in Title 50, inclusive. This area, comprising 57,215 Code of Federal Regulations, Part 32, acres, is delineated on maps available at and are effective through November 9, refuge headquarters, Las Cruces, N. Mex., and from the Regional Director, Bureau 1969. of Sport Fisheries and Wildlife, Post J ohn H. K iger, Office Box 1306, Albuquerque, N. Mex. Refuge Manager, San Andres 87103. Hunting shall be in accordance National Wildlife Refuge, Las with all applicable State regulations Cruces, N. Mex. covering the hunting of desert bighorn October 17,1969. sheep. The provisions of this special regula [F.R. Doc. 69-12684; Filed, Oct. 22, 1969; tion supplement the regulations which 8:48 a.m,] FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17175 Proposed Rule Making farm, means the acreage allotment de nary farm yields of similar farms in the DEPARTMENT OF AGRICULTURE termined by adjusting uniformly the community. acreage allotment established for such (7) “Farm yield” means the yield of Agricultural Stabilization and farm for the immediately preceding tobacco per acre for a farm determined Conservation Service year, prior to any increase or decrease by multiplying the preliminary farm [ 7 CFR Part 725 1 in such allotment due to undermarket yield by a national yield factor which ings or overmarketings and prior to any shall be obtained by dividing the national FLUE-CURED TOBACCO reduction under subsection (f), so that average yield goal by a weighted national the total of all allotments is equal to the average yield computed by multiplying Notice of Determinations To Be Made national acreage allotment less the re the preliminary farm yield for each farm With Respect to Marketing Quotas serve provided in subsection (e) of this by the acreage allotment determined on an Acreage-Poundage Basis for section with a further downward or up pursuant to paragraph (4) for the farm 1970—71 Marketing Year ward adjustment to reflect any adjust prior to adjustments for overmarketing, ment in the farm marketing quota for undermarketing, or reductions required Pursuant to the Agricultural Adjust overmarketing or undermarketing and to under subsection (f) and dividing the ment Act of 1938, as amended (7 U.S.C. reflect any reduction required under sub sum of the products by the national acre 1281 et seq., hereinafter referred to as section (f) of this section, and including age allotment. the “Act”), the Secretary under section any adjustment for errors or inequities (8) “Farm marketing quota” for any 317 is preparing to determine and an from the reserve. farm for any marketing year shall be the nounce on an acreage-poundage basis, (5) The “community average yield” number of pounds of tobacco obtained with respect to Flue-cured tobacco for means for Flue-cured tobacco the aver by multiplying the farm yield by the the 1970-71 marketing year, (a) the age yield per acre in the community acreage allotment prior to any adjust amount of the national marketing quota, designated by the Secretary as a local ment for undermarketing or overmarket (b) the national average yield goal, (c) administrative area under the provisions ing, increased for undermarketing or de the national acreage allotment, (d) the of section 8(b) of the Soil Conservation creased for overmarketing by the num reserve acreage for making corrections and Domestic A l l o t m e n t Act, as ber of pounds by which marketings of in farm acreage allotments, adjusting amended, which is determined by aver tobacco from the farm during the im inequities, and for establishing allot aging the yields per acre for the 3 high mediately preceding marketing year, if ments for new farms, (e) the national est years of the 5 years 1959 to 1963, in marketing quotas were in effect under acreage factor, and (f) the national clusive, except that if the yield for any the program established by this section, yield factor. Flue-cured tobacco farmers of the 3 highest years is less than 80 per is less than or exceeds the farm market approved marketing quotas on an acre centum of the average for the 3 years ing quota for such year: Provided, That age-poundage basis for Flue-cured to then that year or years shall be elimi the farm marketing quota for any mar bacco for the 1968-69, 1969-70, and 1970- nated, and the average of the remaining keting year shall not be increased for 71 marketing years on July 18, 1967 (32 years shall be the community average F.R. 11413). undermarketing by an amount in excess yield. of the number of pounds determined by Section 317(a) of the Act contains, for (6) (A) “Preliminary farm yield” for the purposes of section 317, the following multiplying the acreage allotment for Flue-cured tobacco means a farm yield the farm for the immediately preceding definitions: per acre determined by averaging the (1) "National marketing quota” for year prior to any increase or decrease yield per acre for the 3 highest years of for undermarketing or overmarketing by any kind of tobacco for a marketing year the 5 consecutive crop years beginning means the amount of the kind of tobacco the farm yield. If on account of excess with the 1959 crop year except that if marketings in the preceding marketing produced in the United States which the that everage exceeds 120 per centum of Secretary estimates will be utilized dur year the farm marketing quota for the the community average yield the prelim marketing year is reduced to zero pounds ing the marketing year in the United inary farm yield shall be the sum of 50 States and will be exported during the without reflecting the entire reduction per centum of the average of the 3 high required, the additional reduction re marketing year, adjusted upward or est years and 50 per centum of the na downward in such amount as the Secre quired shall be made for the subsequent tional average yield goal but not less than marketing year or years. tary, in his discretion, determines is de 120 per centum of the community aver sirable for the purpose of maintaining an Section 317 (d) of the Act requires the age yield, and if the average of the 3 high Secretary to determine and announce adequate supply or for effecting an or est years is less than 80 per centum of the derly reduction of supplies to the reserve the national marketing quota, national community average yield the preliminary acreage allotment, and national average supply level. Any such downward adjust farm yield shall be 80 per centum of the ment shall not exceed 15 per centum of yield goal for the 1970-71 marketing year community average yield. In counties for Flue-cured tobacco on or before De such estimated utilization and exports- where less than 500 acres of Flue-cured cember 1, 1969. (2) “National average yield goal” for tobacco were allotted for 1964, the county Section 317(e) provides: “No farm any kind of tobacco means the yield per may be considered as one community. acreage allotment or farm yield shall be acre which on a national average basis If Flue-cured tobacco was not produced established for a farm on which no to the Secretary determines will improve on the farm for at least 3 years of the bacco was produced or considered pro or insure the usability of the tobacco and 5-year period the average of the yields duced under applicable provisions of law increase the net return per pound to the for the years in which tobacco was pro for the immediately preceding 5 years. growers. In making this determination duced shall be used instead of the 3-year For each marketing year for which acre- the Secretary shall give consideration average. If no Flue-cured tobacco was age-poundage quotas are in effect under to such Federal-State production re produced on the farm in the 5-year pe this section the Secretary in his discre search data as he deems relevant. riod but the farm is eligible for an allot tion may establish a reserve from the na (3) “National acreage allotment” ment because Flue-cured tobacco was tional acreage allotment in an amount means the acreage determined by divid- considered to have been produced un equivalent to not more than 1 per cen mg the national marketing quota by the der applicable provisions of law, a pre tum of the national acreage allotment national average yield goal. liminary farm yield for the farm shall to be available for making corrections (4) “Farm acreage allotment” for a be determined under regulations of the of errors in farm acreage allotments, ad tobacco farm, other than a new tobacco Secretary taking into account prelimi justing inequities, and for establishing No. 204----- 5 FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17176 PROPOSED RULE MAKING acreage allotments for new farms, exports are determined, adjusted for cur A request for extension of time for which are farms on which tobacco was rent trends in such exports. submitting such comments has been not produced or considered produced The subjects and issues involved in the made by the Navel Orange Administra during the immediately preceding 5 proposed determinations with respect to tive Committee to afford interested per years. The part of the reserve held for Flue-cured tobacco for the 1970-71 mar sons additional time to consider the apportionment to new farms shall be al keting year are: proposal. lotted on the basis of land, labor, and 1. The amount of the national mar Notice is hereby given that the time equipment available for the production keting quota on an acreage-poundage for submitting written data, views, or of tobacco, crop rotation practices, soil basis. arguments on the proposal is extended and other physical factors affecting the 2. The amount of the national average until October 30,1969. production of tobacco and the past to yield goal. Dated: October 20,1969. bacco-producing experience of the farm 3. The amount of the national acreage operator. The farm yield for any farm allotment. P aul A. N icholson, for which a new farm acreage allotment 4. The amount of acreage to be re Acting Director, Fruit and Veg is established shall be determined on the served from the national acreage allot etable Division, Consumer and basis of available productivity data for ment for making corrections in farm Marketing Service. the land involved and farm yields for acreage allotments, adjusting inequities, [F.R. Doc. 69-12689; Filed, Oct. 22, 1969; similar farms, and shall not exceed the and for establishing acreage allotments 8:49 a.m.] community average yield.” for new farms. Section 317(f) provides: “Only the 5. The national acreage factor. provisions of the last two sentences of 6. The national yield factor. subsection (g) of section 313 of this Act The community average yields, as com DEPARTMENT OF HEALTH, shall apply with respect to acreage- puted in 1965 (30 F.R. 6207, 9875, 14487), poundage programs established under will be used for the 1970-71 marketing EDUCATION, AND WELFARE this section. The acreage reductions re year. quired under the last two sentences shall Consideration will be given to data, Food and Drug Administration be in addition to any other adjustments views, and recommendations pertaining [ 21 CFR Part 128a 1 made pursuant to this section, and when to the proposed determinations, rules, acreage reductions are made the farm and regulations covered by this notice HUMAN FOODS; CURRENT GOOD marketing quota shall be reduced to re which are submitted ip writing to the MANUFACTURING PRACTICE (SAN flect such reductions. The provisions of Director, Tobacco Division, Agricultural ITATION) IN MANUFACTURING, the next to the last sentence of such sub Stabilization and Conservation Service, PROCESSING, PACKING, OR HOLD section pertaining to the filing of any U.S. Department of Agriculture, Wash false report with respect to the acreage of ington, D.C. 20250. ING tobacco grown on the farm shall be appli All written submissions made pursuant Smoked Fish cable to the filing of any false report with to this notice will be made available for respect to the production or marketings public inspection at such times and places Observation in smoked fish processing of tobacco grown on a farm for which an and in a manner convenient to the plants by the Food and Drug Adminis acreage allotment and a farm yield are public business (7 CFR 1.27(b) ). All sub tration and' other regulatory agencies established as provided in this section. missions must, in order to be considered, since 1963 has shown that the smoked In establishing acreage allotments and be postmarked not later than 30 days fish industry has not consistently ad farm yields for other farms owned by the from the date of publication of this notice hered to manufacturing practices that owner displaced by acquisition of his in the F ederal R egister. would minimize the hazard of Type E land by any agency, as provided in sec botulism and the risks of food-borne in tion 378 of this Act, increases or .de Signed at Washington, D.C. on Octo fections in the consumption of smoked creases in such acreage allotments and ber 13,1969. fish. farm yields as provided in this section K enneth E. F rick, The Bureau of Commercial Fisheries, shall be made on account of marketings Administrator, Agricultural Sta Department of the Interior, has sug below or in excess of the farm marketing bilization and Conservation gested that adequate times and temper quota for the farm acquired by the Service. atures along with salt concentrations agency. * * *” [F.R. Doc. 69-12407; Filed, Oct. 22, 1969; have not yet been established for each Flue-cured farm marketing quotas 8:45 a.m.] individual species smoked other than may be leased and transferred on a smoked chub. The Bureau provided rec pound for pound basis, under the provi ommendations that proposed regulations sions of section 316, as amended (7 U.S.C. Consumer and Marketing Service be limited to plant sanitation, excluding reference to processing techniques that 1316). ‘ [ 7 CFR Part 907 ] The Act (7 U.S.C. 1301(b)) defines the would (1) deal with time-temperature “reserve supply level” of Flue-cured NAVEL ORANGES GROWN IN ARI relationships or (2) describe good manu tobacco as the normal supply plus 5 per ZONA AND DESIGNATED PART facturing techniques for smoked chub that would pertain only to smoked chub centum thereof. “Normal supply” is de OF CALIFORNIA fined as a normal year’s domestic con as processed in accordance with the food sumption and exports, plus 175 per Notice of Extension of Time for Fil additive regulation § 121.1230 Sodium centum of a normal year’s domestic con ing of Written Data, Views, or nitrite used in processing smoked chub (34 F.R. 13659). sumption and 65 per centum of a normal Arguments year’s exports. A “normal year’s domestic The Food and Drug Administration consumption” is defined as the yearly Pursuant to the provisions of the mar acknowledges that adequate times, tem average quantity produced in the United keting agreement, as amended, and peratures, and salt concentrations have States and consumed in the United States Order No. 907, as amended (7 CFR Part not been demonstrated for each individ during the 10 marketing years imme-' 907), a notice of proposed rule making ual species of fish presently smoked. diately preceding the marketing year in was published in the October 10, 1969, Much work has been done, however, on which such consumption is determined, issue of the F ederal R egister (34 F.R. the thermal destruction of spores ol adjusted for current trends in such con 15713) regarding amendments to the Clostridium botulinum Type E, and to sumption. A “normal year’s exports” is rules and regulations (Subpart—Rules date the processing parameters presented defined as the yearly average quantity and Regulations; §§ 907.100-908.142). in the proposal are the safest known produced in the United States which was Interested persons were afforded the op from the standpoint of preventing out exported from the United States during portunity to submit written data, views, growth and toxin formation of C. boiMii- the 10 marketing years immediately pre or arguments not later than October 20, num Typé E. It has been established that ceding the marketing year in which such 1969. the public health hazard of C. botulinum FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 PROPOSED RULE MAKING 17177 Type E in smoked fish is not restricted page 273, under paragraph 19.009, multi (3) A recording thermometer so in to a single species. Examples of species plied by 100 and divided by the percent stalled as to indicate accurately at all found to contain spores of C. botulinum salt (sodium chloride) plus the percent times the temperature within the com Type E are lake trout, salmon, black moisture in the finished product as deter partment. cod (sablefish), sole, sturgeon, and mined by the method prescribed under (d) Thermometers or other tempera whitefish. paragraph 18.006. ture measuring devices shall have an The FDA has been, is, and will Con (d) Hot process smoked fish. As usedaccuracy of ±2° F. tinue to be receptive to scientific data in this part, “hot process smoked fish” § 128a.5 Sanitary facilities and controls. that documents adequate processing means the finished food prepared by parameters or offers alternate process subjecting forms of smoked fish referred (a) Adequate hand-washing and sani ing parameters for any individual species to in paragraph (a) of this section to tizing facilities shall be located in the of smoked fish. Data must be provided heat to cook it. The finished hot process processing room(s) or in one area easily showing that the proposed processing smoked product contains not less than accessible from the processing room(s). parameters adequately minimize risks of Zl/z percent salt (sodium chloride) in (b) Readily understandable signs di the public health hazard of poisoning the water phase of the loin muscle as recting employees to wash and sanitize by Type E botulism. determined by the'methods prescribed their hands after each absence from Currently, the situation exists whereby by paragraph (c) of this section. The post of duty shall be conspicuously some processors base their manufactur food additive sodium nitrite may be used posted in the processing room(s) and ing practices solely on the appearance in accordance with the conditions pre elsewhere in the plant as conditions and acceptability of the finished product scribed by § 121.1230 of this chapter. require. quality to consumers rather than on any (c) Offal shall be placed in suitable specific or controlled processing param § 128a.2 Current good manufacturing covered containers for removal at least eters that would minimize the health practice (sanitation). once a day, or more frequently if neces hazard of C. botulinum Type E or its (a) The criteria in Part 128 of this sary, or shall be removed by conveyors toxins. chapter shall apply in determining or chutes. Offal, debris, or refuse from Having considered the foregoing, the whether the facilities, methods, practices, any source whatever shall not be allowed Commissioner of Food and Drugs pro and controls used for the manufacture, to accumulate in or about the plant. poses the following regulations setting processing, packing, or holding of fish § 128a.6 Sanitary operations. forth specific manufacturing practice and seafood products are in conformance (sanitation) requirements regarding hot with and are operated or administered in (a) Before beginning the day’s opera processed smoked fish. conformity with good manufacturing tion, all utensils and product-contact Accordingly, pursuant to the provisions practice to produce, under sanitary con surfaces of equipment to be used for the of the Federal Food, Drug, and Cosmetic ditions, food for human consumption. day’s operation shall be rinsed and Act (secs. 402(a)(4), 701(a), 52 Stat. (b) The criteria in this Subpart A set sanitized. 1046, 1055; 21 U.S.C. 342(a), 371(a)) forth additional requirements for the (b) Containers used to convey or store and under authority delegated to the hot process smoked fish industry. the fish shall not be nested or handled Commissioner (21 CFR 2.120), it is pro in a manner conducive to direct or in posed that the following new Part 128a § 128a.3 Plants and grounds. direct contamination of the contents. be added to Chapter I of Title 21: (a) Unloading platforms shall be: (c) Adequate measures shall be taken (1) Made of readily cleanable ma when cleaning and sanitizing utensils and PART 128a— FISH AND SEAFOOD terial. portable equipment to prevent this oper PRODUCTS (2) Equipped with drainage facilities ation from leading to the contamination of fish or fish products. Subpart A— Smoked Fish adequate to accommodate all seepage Sec. and wash water. § 128a.7 Processes and controls. 128a.l Definitions. (b) The following processes shall be 128a.2 Current good manufacturing practice carried out in separate rooms or facili (a) Raw materials. (1) Fresh fish (sanitation). ties, and the interior walls separating shall be adequately washed and inspected 128a.3 Plants and grounds. these processes shall extend from floor to to remove all fish that are filthy, putrid, 128a.4 Equipment and utensils. ceiling and contain only necessary open decomposed, bruised, crushed or other 128a.5 Sanitary facilities and controls. ings (such as for conveyors and wise damaged. 128a.6 Sanitary operations. (2) Every lot of fish that has been 128a.7 Processes and controls. doorways): (1) Receiving or shipping. partially processed in another plant, in A u t h o r i t y : The provisions o f this Part (2) Storage of raw fish. cluding frozen fish, shall be adequately 128a issued under secs. 402(a)(4) , 701(a), (3) Presmoking operations (thawing, inspected, and only clean, wholesome 52 Stat. 1046, 1055; 21 U.S.C. 342(a)(4), fish shall be processed. 371(a). dressing, brining, etc.). (4) Drying and smoking. (3) Fresh or partially processed fish § 128a.1 Definitions. (5) Cooling and packing. shall be chilled with ice or refrigerated to an internal temperature of 38° F. or (a) Smoked fish. As used in this part, (6) Storage of final product. (c) The product shall be so processed below when received and shall be main the term ,“smoked fish” means any fish tained at that temperature until the that is prepared by treating it with salt as to prevent contamination by exposure to areas involved in earlier processing fish are to be processed. (sodium chloride) and then subjecting (4) Frozen fish shall be received and it to the'action of smoke from burning steps, refuse, or other objectionable areas. stored at a temperature of 0° F. or below. wood, sawdust, or similar material. (b) Defrosting of frozen fish. (1) ti ( b ) Loin muscle. As used in this part, § 128a.4 Equipment and utensils. Frozen fish shall be defrosted: ‘loin muscle” means the longitudinal (a) All food-contact surfaces (tanks, (i> In air at 45° F. or below until other quarter of the great lateral muscle freed belts, tables, utensils, and other equip than hard frozen; or from skin, scales, visible blood clots, ment) shall be made of readily cleanable (ii) In a continuous water overflow bones, gills, and viscera and from the materials. thaw tank or spray system using water nonstriated part of such muscle, which (b) Metal seams shall be smoothly not greater than 70° F. Part is known anatomically as the me soldered, welded, or bonded. (2) When a thaw tank is used, fish dian superficial muscle. (c) Each freezer and cold storage should not remain in the tank longer (c) Water phase salt. As used in this compartment used for the product shall than one-half hour after they are Part, “water phase salt” means the per be fitted with at least the following: thawed. cent salt (sodium chloride) in the fin- (1) An automatic control for regulat (3) Fish entering the thaw tanks shall isned product as determined by the ing temperature. be free of packaging material. method prescribed in the “Official Meth- (2) An indicating thermometer so in (4) On removal from the thaw tank, °ds of Analysis of the Association of Agri stalled as to show accurately the tem fish shall be washed thoroughly with a cultural Chemists,” 10th Edition, 1965, perature within the compartment. vigorous water spray. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17178 PROPOSED RULE MAKING (c) Presmoking operation. (1) Evis ably in quintuplicate) regarding this pro and insert “within 2.5 miles” in lieu ceration of fish shall be performed with posal. Comments may be accompanied thereof. minimum disturbance of intestinal tract by a memorandum or brief in support This amendment is proposed under contents. Removal of viscera shall be thereof. section 307(a) of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348), complete. Dated: October 16, 1969. (2) A fter the evisceration'process, the and section 6(c) of the DOT Act (49 fish shall be thoroughly washed by J. K . K irk, U.S.C. 1655(c)). m eans of a continuous spray system. Associate Commissioner Issued in Jamaica, N.Y., on Octo (3) All fish shall be brined in a solu for Compliance. ber 8,1969. tion that does not exceed 38° F. [F.R. Doc. 69-12685; Filed, Oct. 22, 1969; Wayne Hendershot, (4) Hot process smoked fish shall be 8:48 a.m.] Acting Director, Eastern Region. brined in such a manner that the final [F.R. Doc. 69-12668; Filed, Oct. 22, 1969; salt (sodium chloride) content of the 8:47 a.m.] loin muscle of the finished product, ex pressed as percent in the water phase of DEPARTMENT OF the loin muscle, shall not be less than [ 14 CFR Part 71 1 3.5 percent. TRANSPORTATION (5) Fish shall be rinsed with fresh [Airspace Docket No. 69-EA-107] water after brining. Federal Aviation Administration TRANSITION AREA (d) Heating, cooking, smoking oper [ 14 CFR Part 71 1 ation. (1) A point-sensitive continuous Proposed Alteration [Airspace Docket No. 69-EA-114] temperature recording device shall be The Federal Aviation Administration used to monitor both the internal tem TRANSITION AREA is considering amending § 71.181 of Part perature of the fish and the ambient 71 of the Federal Aviation Regulations temperature within the smokehouse. Proposed Alteration so as to alter the Skaneateles, N.Y. 700- (2) Hot process smoked fish shall be The Federal Aviation Administration foot transition area (34 F.R. 12027). heated by a controlled heat process that is considering amending § 71.181 of Part With the promulgation of thd* U.S. provides a monitoring system positioned 71 of the Federal Aviation Regulations Standard Terminal Instrument Proce in as many strategic locations in the so as to alter the Errol, N.H., 700-foot dures (TERPs) the criteria for instru smokehouse as necessary to assure a con transition area (34 F.R. 9853). ment procedures was revised. This revi tinuous temperature throughout each With the promulgation of the U.S. sion requires a change in the airspace of fish of 180° F. or above for a minimum the transition area which is compatible of 30 minutes for hot process smoked fish, Standard Terminal Instrument Proce except that smoked chub containing so dures (TERPs) the criteria for instru with the new instrument criteria. dium nitrite as provided for in § 121.1230 ment procedures was revised. This Interested parties may submit such of this chapter shall be processed in ac revision requires a change in the airspace written data or views as they may de cordance with that section. of the transition area which is com sire. Communications should be submit (e) Packing. (1) The finished product patible with the new instrument criteria. ted in triplicate to the Director, Eastern shall be handled only with clean, sani Interested persons may submit such Region, Attention: Chief, Air Traffic tized hands or gloves. written data or views as they may Division, Department of Transportation, (2) Manual manipulation of the fin desire. Communications should be sub Federal Aviation Administration, Federal ished product shall be kept to a minimum. mitted in triplicate to the Director, East Building, John F. Kennedy International (3) The finished product shall be ern Region, Attention: Chief, Air Traffic Airport, Jamaica, N.Y. 11430. All com cooled to 38° F. or below within 3 hours Division, Department of Transportation, munications received within 30 days after after smoking, and this temperature shall Federal Aviation Administration, Federal publication in the Federal Register will be maintained during all subsequent stor Building, John F. Kennedy International be considered before action is taken on age and distribution. Airport, Jamaica, N.Y. 11430. All com the proposed amendment. No hearing is (4) The shipping containers, retail munications received within 30 days contemplated at this time, but arrange packages, and shipping records shall in after publication in the Federal Register ments may be made for informal con dicate by appropriate labeling the perish will be considered before action is taken ferences with Federal Aviation Adminis able nature of the product and shall on the proposed amendment. No hearing tration officials by contacting the Chief, specify that the product shall be shipped, is contemplated at this time, but arrange Airspace and Standards Branch, East stored, and/or held for sale at 38° F. or ments may be made for informal con ern Region. below until consumed. ferences with Federal Aviation Adminis Any data or views presented during (5) Permanently legible code marks tration officials by contacting the Chief, such conferences must also be submitted shall be placed on the outer layer of every Airspace and Standards Branch, Eastern in writing in accordance with this notice finished product package and master Region. in order to become part of the record for carton. Such marks should show at least Any data or views presented during consideration. The proposal contained the date of packing and the plant where such conferences must also be submitted in this notice may be changed in the light packed. in writing in accordance with this notice of comments received. (f) Testing. (1) The microbiological in order to become part of the record The official docket will be available for condition of the firm’s operation shall be for consideration. The proposal con examination by interested persons at the evaluated by the periodic collection and tained in this notice may be changed in Office of Regional Counsel, Federal Avia analysis of in-line and finished product the light of comments received. tion 'Administration, Federal Building, samples coupled with sample-related in The official docket will be available John F. Kennedy International Airport, spections. This evaluation should be for examination by interested persons at Jamaica, N.Y. .... made at least weekly and more often the Office of Regional Counsel, Federal The Federal Aviation Administration when problems are encountered. Aviation Administration, Federal Build having completed a review of the air (2) The finished product shall be ex ing, John F. Kennedy International Air-, space requirements for the terminal of amined for salt content with sufficient port, Jamaica, N.Y. Skaneateles, N.Y., proposes the airspace frequency to assure that the required sa The Federal Aviation Administration, action hereinafter set forth: linity is obtained in every fish. $£ having completed a review of the air 1. Section 71.181 of Part 71 of the Any interested person may, within 30 space requirements for the terminal area Federal Aviation Regulations so as to de days from the date of publication of this of Errol, N.H., proposes the airspace ac lete in the description of the Skaneateles, notice in the Federal Register, file with tion hereinafter set forth: N.Y., transition area, “2 miles each side the Hearing Clerk, Department of Health, 1. Amend § 71.181 of Part 71 of the of the Syracuse VORTAC 215° radial , Education, and Welfare, Room 5440, 330 Federal Aviation Regulations so as to and all thereafter, and insert the follow Independence Avenue SW., Washington, delete in the description of the Errol, ing in lieu thereof, “3.5 miles each side D.C. 20201, written comments (prefer- N.H., transition area, “within 2 miles” of the Syracuse VORTAC 215 radial FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 PROPOSED RULE MAKING 17179 extending from the 5-mile radius area The proposed alteration is required to Aviation Regulations as hereinafter set to 13 miles southwest of the Syracuse provide controlled airspace protection forth: VORTAC, excluding the portion that for IFR operations in climb from 700 to In § 71.181 (34 F.R. 4637), the follow coincides with the Syracuse, N.Y., transi 1,200 feet above the surface and in de ing transition area is added: tion area”. scent from 1,500 to 1,000 feet above the Cairo, III. This amendment is proposed under surface. section 307(a) of the Federal Aviation This amendment is proposed under That airspace extending upward from 700 Act of 1958^(72 Stat. 749; 49 U.S.C. 1348), the authority of sec. 307(a) of the Fed feet above the surface within a 5 y2 -mile and section 6(c) of the DOT Act (49 radius of Cairo Airport (latitude 89°13'05" eral Aviation Act of 1958 (49 U.S.C. N., longitude 37°03'55" W.); and within 3 U.S.C. 1655(c)). 1348(a)) and of sec. 6(c) of the Depart miles each side of the 032° bearing from Issued in Jamaica, N.Y. on October 10, ment of Transportation Act (49 U.S.C. Cairo Airport, extending from the 5 y2 -mile 1969. 1655(c)). radius to 8 miles northeast of the airport; Wayne Hendershot, and that airspace extending upward from Issued in East Point, Ga., on October 1,200 feet above the surface within 4 y2 miles Acting Director, Eastern Region. 14, 1969. southeast and 9 ^ 'miles northwest of the [F.R. Doc. 69-12669; Filed, Oct. 22, 1969; G ordon A. W illiams, Jr., 032° and 212° bearings from Cairo Airport 8:47 .am.] Acting Director, Southern Region. extending from 6 miles southwest to 18 y2 miles northeast of the airport; and within [F.R. Doc. 69-12670; Filed, Oct. 22, 1969; 5 miles each side of the 212° bearing from [1 4 CFR Part 71 ] 8:47 a.m.] Cairo Airport, extending from the airport to 12 miles southwest of the airport. [Airspace Docket No. 69-SO-118] [ 14 CFR Part 71 1 This amendment is proposed under TRANSITION AREA [Airspace Docket No. 69-CE-97] the authority of section 307(a) of the Proposed Alteration Federal Aviation Act of 1958 (49 U.S.C. TRANSITION AREA 1348), and of section 6(c) of the De The Federal Aviation Administration partment of Transportation Act (49 is considering an amendment to Part 71 Proposed Designation U.S.C. 1655(c)). of the Federal Aviation Regulations that The Federal Aviation Administration is Issued in Kansas City, Mo., on Septem would alter the Salisbury, N.C., transition considering amending Part 71 of the area. c~.'v- ber 30,1969. . Federal Aviation Regulations so as to R obert I. Gale, Interested persons may submit such designate a transition area at Cairo, 111. Acting Director, Central Region. written data, views, or arguments as they Interested persons may participate in may desire. Communications should be [F.R. Doc. 69-12671; Filed, Oct. 22, 1969; the proposed rule making by submitting 8:48 a.m.] submitted in triplicate to the Federal such written data, views, or arguments Aviation Administration, Southern Re as they may desire. Communications gional Headquarters, Air Traffic Divi should be submitted in triplicate to the [ 14 CFR Part 71 1 sion, Post Office Box 20636, Atlanta, Director, Central Region^. Attention: [Airspace Docket No. 69—CE-98] Ga. 30320. All communications received Chief, Air Traffic Division, Federal Avia within 30 days after publication of this tion Administration, Federal Building, TRANSITION AREA notice in the F ederal R egister will be 601 East 12th Street, Kansas City, Mo. Proposed Designation considered before action is taken on the 64106. All communications received with proposed amendment. No hearing is con in 45 days after publication-of this no The Federal Aviation Administration templated at this time, but arrangements tice in the F ederal R egister will be con is considering amending Part 71 of the for informal conferences with Federal sidered before action is taken on the Federal Aviation Regulations so as to Aviation Administration officials may be proposed amendment. No public hearing designate a transition area at Monticello, made by contacting the Chief, Airspace is contemplated at this time, but ar Iowa. Branch. Any data, views, or arguments rangements for informal conferences Interested persons may participate in presented during such conferences must with Federal Aviation Administration the proposed rule making by submitting also be submitted in writing in accord officials may be made by contacting the such written data, views, or arguments ance with this notice in order to become Regional Air Traffic Division Chief. as they may desire. Communications part of the record for consideration. The should be submitted in triplicate to the proposal contained in this notice may Any data, views, or arguments pre Director, Central Region, Attention: be changed in the light of comments sented during such conferences must also Chief, Air Traffic Division, Federal Avia received. be submitted in writing in accordance tion Administration, Federal Building, The official docket will be available for with this notice in order to become part 601 East 12th Street, Kansas City, Mo. examination by interested persons at the of the record for consideration. The pro 64106. All communications received Federal Aviation Administration, South posal contained in this notice may within 45 days after publication of this be changed in the light of comments ern Regional Headquarters, Room 724, notice in the F ederal R egister will be 3400 Whipple Street, East Point, Ga. received. considered before action is taken on the The Salisbury transition area de A public docket will be available for proposed amendment. No public hearing scribed in .§ 71.181 (34 F.R. 4637) would examination by interested persons in the is contemplated at this time, but ar be redesignated as: Office of the Regional Counsel, Federal rangements for informal conferences Aviation Administration, Federal Build That airspace extending upward from 700 with Federal Aviation Administration of feet above the surface within an 8-mile ing, 601 East 12th Street, Kansas City, ficials may be made by contacting the radius of Rowan County Airport (lat. 35 °- Mo. 64106. Regional Air Traffic Division Chief. 38'30" N., long. 80°31'10" W.); within 3 miles A new public use instrument approach Any data, views, or arguments pre each side of the 014° bearing from Salisbury procedure has been developed for the sented during such conferences must NOB (lat. 35°40'29" N., long. 80°30'32" W.), Cairo, 111., Airport using a city-owned extending from the 8-mile radius area to also be ^submitted in writing in accord 8.5 miles north of the NDB. radio beacon as a navigational aid. Con ance with this notice in order to become sequently, it is necessary to provide con part of the record for consideration. The The application of Terminal Instru trolled airspace protection for aircraft proposal contained in this notice may ment Procedures (TERPs) and current executing this new approach procedure be changed in the light of comments airspace criteria to Salisbury terminal by designating a transition area at Cairo, received. area requires the following actions: HI. The new procedure will become effec- A public docket will be available for 1- Increase the transition area basic tice concurrently with the designation examination by interested persons in the radius circle from 6 to 8 miles. of the transition area. Office of the Regional Counsel, Federal 2. Increase the extension predicated In consideration of the foregoing, the Aviation Administration, Federal Build on the 014° bearing from Salisbury NDB Federal Aviation Administration pro ing, 601 East 12th Street, Kansas City, * miles in width and 0.5 mile in length. poses to amend Part 71 of the Federal Mo. 64106. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17180 PROPOSED RULE MAKING A new public use instrument approach Airspace and Standards Branch, East surviving company to the stockholders of procedure has been developed for the ern Region. the predecessor company. However, the Monticello, Iowa Municipal Airport using Any data or views presented during rule further provides that persons in a a city-owned radio beacon located ap such conferences must also be submitted control relationship with the predecessor proximately 2 miles southeast of the air in writing in accordance with this notice corporation who take the securities with port as a navigational aid. Consequently, in order to become part of the record for a view to their distribution to the public it is necessary to provide controlled air consideration. The proposal contained in are deemed to be underwriters within the space protection for aircraft executing this notice may be changed in the light securities cannot be sold without regis- this new approach procedure by desig of comments received. meaning of section 2(11) of the Act. nating a transition area at Monticello, The Federal Aviation Administration, Except for certain limited amounts, Iowa. The new procedure will become ef having completed a review of thè air such securities cannot be sold without fective concurrently with the designation space requirements for the terminal area registration. of the transition area. of Danielson, Conn., proposes the air The Disclosure Policy Study Report In consideration of the foregoing, the space action hereinafter set forth: recommended that Rule 133 be revised to Federal Aviation Administration pro 1. Amend §71.181 of Part 71 of the provide that the submission to stock poses to amend Part 71 of the Federal Federal Aviation Regulations so as to holders of a proposal of the kind referred Aviation Regulations as hereinafter set designate a Danielson, Conn., Transition to above is deemed to involve an offer forth: Area described as follows: ing of securities to the security holders In § 71.181 (34 F.R. 4637), the follow Danielson, Co n n . of the company being merged or con ing transition area is added: solidated or whose securities are being That airspace extending upward from 700 reclassified or assets transferred to an Monticello, I owa feet above the surface within a 5-mile radius other person. The reason for the pro That airspace extending upward from 700 of the center, 41°49'10'' N., 71°54'05'' W. posed change is that when such matters feet above the surface within a 7-mile radius of Danielson Airport, Danielson, Conn.; within 2 miles each side of the runway 13 are submitted to the vote of share of Monticello Municipal Airport (latitude holders, each such shareholder is being 42°13'40" N., longitude 91°10'00" W.); and centerline, extended from the 5-mile radius within 3 miles each side of the 135° bearing area to 7.5 miles southeast of the end of asked to determine whether or not he from Monticello Municipal Airport, extend the runway; within 2 miles each side of the wishes to surrender the security he then ing from the 7-mile radius area to 10y2 miles runway 31 centerline, extended from the 5- holds for a new security. In practical southeast of the airport. mile radius area to 7.5 miles northwest of effect, therefore, the security is being the end of the runway; and within 3 miles offered to him. The Commission believes This amendment is proposed under the each side of the Putnam VORTAC 196° that it would be practical to require authority of section 307(a) of the radial, extending from' the 5-mile radius area to 2 miles south of the VORTAC. registration in connection with all offer Federal Aviation Act of 1958 (49 U.S.C. ings falling within the scope of Rule 133 1348), and of section 6(c) of the Depart This amendment is proposed under as revised along the lines recommended ment of Transportation Act (49 U.S.C, section 307(a) of the Federal Aviation in the report of the above-mentioned 1655(c)). Act of 1958 (72 Stat. 749; 49 U.S.C. 1348), study. Accordingly, the Commission is Issued in Kansas City, Mo., on Septem and section 6(c) of the DOT Act (49 considering the proposed revision of the ber 30, 1969. U.S.C. 1655(c)). rule along the lines recommended in the R obert I. G ale, Issued in Jamaica, N.Y., on October 8, report. Acting Director, Central Region. 1969. Reyised Rule 133 would provide that [F.R. Doc. 69-12672; Filed, Oct. 22, 1969; W ayne H endershot, no offer or sale of a security would be 8:48 a.m.] Acting Director, Eastern Region. deemed to be involved in sending out a bare notice of a meeting of stockholders [F.R. Doc. 69-12673; Filed, Oct. 22, 1969; for the purpose of voting on a proposal [1 4 CFR Part 71 3 8:48 a.m.] referred to in the rule, provided that a [Airspace Docket No. 69-EA-119] prospectus is sent or given to security holders entitled to vote on the proposal TRANSITION AREA at least 20 days before the meeting date. SECURITIES AND EXCHANGE Similarly, a communication permitted Proposed Designation by Rule 14a^l2 (17 CFR 240.14a^l2) of The Federal Aviation Administration COMMISSION the proxy rules to be sent out In advance is considering amending § 71.181 of Part [1 7 CFR Parts 230, 239, 240 3 of the proxy statement could also be 71 of the Federal Aviation Regulations [Release Nos. 33-5012, 34-8711] sent out in advance of the prospectus so as to designate a 700-foot transition relating' to the offering of the securities area over Danielson Airport, Danielson, REGISTRATION OF SECURITIES ISSUED involved in the transaction. Conn. IN CERTAIN REORGANIZATIONS At present, Form S-14 (17 CFR The VOR-1 instrument approach pro 239.23) is a short form provided by the cedure developed for Danielson Airport, Notice of Proposed Rule Making Commission for the registration of secu Danielson, Conn., requires designation Notice is hereby given that the Securi rities offered by persons deemed to be of a 700-foot floor transition area to ties and Exchange Commission has un underwriters under Rule 133. The pro provide airspace protection for aircraft der consideration a proposed revision of spectus used in such an offering consists executing the procedure. Rule 133 (17 CFR 230.133) and Form of a proxy statement meeting the re Interested persons may submit such S-14 (17 CFR 239.23), proposed new quirements of the Commission’s proxy written data or views as they may desire. Rules 153A (17 CFR 230.153A) and 181 rules under the Securities Exchange Act Communications should be submitted in (17 CFR 230.181) and a proposed amend of 1934. The proxy statement must be triplicate to the Director, Eastern Region, ment to paragraph (d) of Rule 14a-2 (17 supplemented by certain additional in Attention: Chief, Air Traffic Division, CFR 240.14a-2) of the Commission’s formation with respect to the proposed Department of Transportation, Federal proxy rules. These proposals are designed offering and any additional information Aviation Administration, Federal Build to implement in part the recommenda necessary to Up-date the financial state ing, John F. Kennedy International Air tions contained in the Disclosure Policy ments contained in the proxy statement. port, Jamaica, N.Y. 11430. All com Study Report recently submitted to the While the Disclosure Policy Study Re munications received within 30 days after Commission. port recommended the adoption of a publication in the F ederal R egister will Rule 133 (17 CFR 230.133) presently new form for registration of securities be considered before action is taken on provides that the submission to a vote of issued in transaction of the kind r e fe r r e d the proposed amendment. No hearing is stockholders of a corporation of a pro to above, it is believed that Form S-14 contemplated at this time, but arrange posal for certain mergers, consolidations, can be revised for this purpose and that ments may be made for informal con reclassificatidris of securities or transfers a new form is not necessary. The pro ferences with Federal Aviation Admin of assets is not deemed to involve an of posed revision of Form S-14 would pro istration officials by contacting the Chief, fering of the securities of the new or vide, as does the existing form, that the FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 PROPOSED RULE MAKING 17181 prospectus shall consist of a proxy or been filed as part of this document with on behalf of the proposal or plan prior information statement meeting the re the Office of Federal Register and may be to the transmission of the' prospectus quirements of the Commission’s rules. obtained from the Securities and Ex referred to in subdivision (ii) of this sub- In the case of companies which are sub change Commission, Washington, D.C. paragraph, except as provided in sub- ject to those rules, the filing of the reg 20549. paragraph (2) of this paragraph. istration statement on Form S-14 would (2) For the purpose only of sections take the place of the filing of a proxy § 230.133 Offer for sale of securities in connection with reclassification and 2(10) and 5 of the Act, a communication statement and form of proxy, or infor subject to and meeting the requirements mation statement, pursuant to the acquisition of businesses. proxy or information rules and the (a) Where there is submitted to the of § 240.14a-12(a) of this chapter and transmittal of such material to stock vote or consent of the stockholders of a filed in accordance with paragraph (b) of corporation. said section shall not be deemed to offer a holders would comply with the require security for sale. ments of the Act for the furnishing of a (1) A proposal for the reclassification prospectus. Thus, registration would in of its securities which involves the sub N o t e : (a) A reclassification of securities volve little additional work on the part stitution of a new security or securities covered by this section would be exempt for an existing security; from registration pursuant to sections 3(a) of these companies. (9) or 3(a) (10) of the Act if the conditions Proposed new Rule 153A (17 CFR (2) A plan or agreement for a statu of either of these sections are satisfied. 230.153A) would define the term “pre tory merger or consolidation under ceded by a prospectus”, in connection which ¡-¡uch corporation will not sur (b) Transactions by issuers of securi with transactions of the kind referred to vive; or ties described in this section are exempt in Rule 133 to mean the sending of a (3) A plan or agreement for the trans from registration requirements under prospectus prior to the vote of security fer of assets of such corporation to an section 4(2) of the Act if they are trans holders on the transaction to all security other person in consideration of the issu actions “not involving any public offer holders of record entitled to vote thereon ance of securities of such other person ing.” See § 230.180 of this chapter as to at their addresses of record on the trans or any of its affiliates ; the effect of resales of securities by per sons other than the issuer thereof not fer records of the corporation whose then such corporation (in the event of a security holders are voting. reclasification of its securities), or the constituting “distributions” under § 230.- Proposed Rule 181 (17 CFR 230.181) 162 of this chapter upon the applicability person or corporation whose securities of that exemption. See also § 230.181 of would define the phrase “transaction not are to be issued in connection with such involving any public offering”, in section this chapter for definition, in connection merger or consolidation or transfer of with the acquisition of a bona fide going 4(2) of the Act, in connection with the assets, shall be deemed to have offered acquisition of a business by an issuer. such Securities for sale to such share business, of the phrase “not involving The rule would provide that the phrase any public offering” in section 4(2) of holders: Provided, That, in the event of a the Act. shall be deemed to include the offer or transfer of assets, the plan or agreement sale of securities to not more than 25 per provides for dissolution of the corpora § 230.153 Definition of “Preceded by sons who are holders of interests in such tion whose stockholders are voting, or the a Prospectus” as used in section 5(b) business, whether the acquisition takes board of directors of such corporation (2) of the Act, in relation to certain the form of a voluntary exchange, a adopts resolutions relative to its dissolu transactions requiring approval of statutory merger or consolidation or a tion, within 1 year after the taking of security holders. transfer of assets. A public offering might such vote of stockholders. The term “preceded by a prospectus”, be involved, however, if one or more of (b) This section shall supersede the as used in section 5(b) (2) of the Act in such persons should make a reoffering provisions of § 230.133 of this chapter, respect of any requirement of delivery of the securities to the public. The rule as previously in effect, on and after of a prospectus to security holders of a would further provide that a person and —------, and shall have no effect corporation, where there is submitted certain family members and family in upon proposals, plans,’ or agreements to the vote of such security holders a terests are to be regarded as a single submitted to the vote or consent of the plan or agreement for a statutory merger, person for the purpose of the rule. stockholders of any corporation prior to consolidation or reclassification of Paragraph (d) of the Rule 14a-2 (17 that date. securities or a proposal for the transfer CPR 240.14a-2) provides that the proxy (c) (1) For the purpose only of sec of assets of such corporation to another rules shall not apply to any solicitation tions 2(10) and 5 of the Act, a notice person, shall mean sending of a prospec involved in the offer or sale of securities of meeting of stockholders for the pur tus, prior to such vote, to all security registered under the Securities Act of pose of voting on or consenting to a pro holders of record of such corporation 1933. It is proposed to amend this provi posal or plan for reclassification, merger entitled to vote on such plan, agreement sion so that the exemption will not apply or transfer of assets referred to in para or proposal, at their addresses of record to solicitations involved in the offer or graph (a) of this section shall not be on the transfer of such corporation. sale of registered securities to be issuèd deemed to offer a security for sale, pro in a Rule 133 type transaction. Thus, in vided all of the following conditions are § 230.181 Definition of “Transaction such situations both the proxy rules and met: Not Involving Any Public Offering” the registration requirements will apply. in section 4(2) of the Act in connec (i) Such notice contains only a brief tion with the acquisition of a busi However, material filed with the registra description of the matters to be voted ness by the issuer. tion statement will not need to be filed upon and any other matters required under the proxy rules. by State law; (a) A transaction by an issuer shall Rule 169 (17 CFR 230.169) proposed by (ii) A prospectus meeting the require be deemed a transaction “not i n v o l v i n g the report would define certain terms ments of section 10(a) of the Act relat any public offering”, as that phrase, is used in the definition of “underwriter” ing to such proposal or plan is sent or used in section 4(2) of the Act, if it con m section 2(11) of the Act so that certain given to each security holder who is en sists of an offer and sale of securities, made solely in connection with the ac Persons, e.g., a corporation, its officers titled to vote upon the proposal or p l a n or directors, etc., involved in business at least 20 days prior to the meeting quisition of a business by the issuer, to combinations would not be deemed to be date: Provided, That in the case of a not more than 25 offerees who are hold underwriters. The Commission invites class of securities in unregistered or ers of interests in such business, whether comments with respect to such a rule. bearer form, such prospectus need be the acquisition takes the form, of a vol The text of § 230.133 of this chapter transmitted only to those security hold untary exchange of securities, a statu as proposed to be revised, the proposed ers whose names and addresses are tory merger or consolidation, or a pur new §§ 230.153A and 230.181 of this chap known to the issuer and to those whose chase of assets of such business, unless ter and the proposed amendment to proxies or consents are otherwise solic a reoffering of such securities by one or s 240.i4a-2 °f this chapter is set forth ited; and more of such original offerees shall cause oelow. Copies of Form S-14 (17 CFR (iii) No other offer is made to security the entire transaction to involve a public ^39.23) as proposed to be revised have holders and no other solicitation is made offering. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17182 PROPOSED RULE MAKING (b) For purposes of this rule, an “of securities in a transaction not involving a By the Commission, October 9, 1969. public offering should bear in mind that feree” shall include (1) an individual, they may be deemed underwriters upon the [ seal] Orval L. D itB ois, (2) his spouse and minor children, (3) resale of the securities in a transaction or Secretary. any trust or estate in which such indi transactions involving a distribution. [F.R. Doc.. 69-12644; Piled, Oct. 22, 1969; vidual, his spouse, and any of his or his 8:46 a.m.] spouse’s minor children, collectively have § 240.14a—2(d). a substatnial beneficial interest or as to (d) Any solicitation involved in the which any of the foregoing serves as offer or sale of securities registered under trustee, executor, or in a similar fidu- the Securities Act of 1933 : Provided, ciary'capacity, (4) any partnership sub That this paragraph shall not apply to FEDERAL MARITIME COMMISSION stantially all of the partnership interests securities to be issued in any transac [ 46 CFR Part 502 1 in which af e held by such individual, his tion referred to in Rule 133 under that spouse and minor children of such indi Act. [General Order 16; Docket No. 69-50] vidual or his spouse, and (5) any corpora N ote. Attention is called to General PRACTICE OF FORMER EMPLOYEES tion or other organization substantially Instruction D to Form S-14 (17 CFR all of the shares of which are held bene 239.23). Soliciting material filed as a part Enlargement of Time for Filing of a registration statement on that form Comments ficially by such individual, his spouse and need not be filed pursuant to section minor children of such individual or of 240.14a-6. However if any soliciting October 20, 1969. his spouse. material is used which is not filed as a At the request of the Maritime Admin N o t e : This rule is not intended to be ex part of the registration statement, such istrative Bar Association, and good cause clusive. Depending upon the circumstances of material shall be filed in accordance with appearing, time within which comments the individual case, a transaction by an issuer the requirements of these rules. may be filed in this proceeding is en of the type referred to in the rule in which All interested persons are invited to securities are offered or sold to more than 25 submit their views and comments on the larged to and including November 10, persons may be a transaction “not involving proposals referred to above, in writing, 1969. any public offering.” Issuers of securities to the Securities and Exchange Commis T homas Lisi, should be aware of the fact that they bear Secretary. the burden of proving that the exemption sion on or before November 10, 1969. All provided by section 4(2) of the Act applies to such communications will be considered [F.R. Doc. 69-12706; Filed, Oct. 22, 1969; any such transaction. Persons who acquire available for public inspection. 8 :5 0 a .m .] FEDERAL REGISTER, VOL. 34f NO. 204— THURSDAY, OCTOBER 23, 1969 1 7 183 Notices which the application will be dismissed No. MC 730 (Sub-No. 313), filed Sep INTERSTATE COMMERCE by the Commission. tember 23, 1969. Applicant: PACIFIC Further processing steps (whether INTERMOUNTAIN EXPRESS CO., a modified procedure, oral hearing, or corporation, 1417 Clay Street, Oakland, COMMISSION other procedures) will be determined [Notice 1341] Calif. 94604. Applicant’s representative: generally in accordance with the Com Earl J. Brooks (same address as appli MOTOR CARRIER, BROKER, WATER mission’s General Policy Statement cant). Authority sought to operate as CARRIER AND FREIGHT FOR Concerning Motor Carrier Licensing a common carrier, by motor vehicle, over Procedures, published in the F ederal WARDER APPLICATIONS irregular routes, transporting: Silver R egister issue of May 3, 1966. This bullion, from points in California; Kel October 17,1969. assignment will be by Commission order logg, Idaho; Garfield, Utah; and Den The following applications are gov which will be served bn each party of ver, Colo., to points in New Jersey, erned by Special Rule 1.2471 of the record. New York, Pennsylvania, Massachusetts, Commission’s general rules of practice The publications hereinafter set forth Rhode Island, and Connecticut. N ote: (49 CFR 1100.247 as amended), pub reflect the scope of the applications as Applicant states it could tack at Kellogg, lished in the F ederal R egister issue of filed by applicants, and may include Idaho, from authorized regular route April 20, 1966, effective May 20, 1966. descriptions, restrictions, or limitations points in Oregon and Washington, and These rules provide, among other things, which are not in a form acceptable to at Garfield, Utah, from authorized reg that a protest to the granting of an ap the Commission. Authority which ulti ular route points in California, Nevada, plication must be filed with the Com mately may be granted, as a result of the Utah, and Idaho. If a hearing is deemed mission within 30 days after date of applications here noticed will not neces necessary, applicant requests it be held notice of filing of the application is pub sarily reflect the phraseology set forth at Philadelphia, Pa., or Washington, lished in the F ederal R egister. Failure in the application as filed, but also will D.C. seasonably to file a protest will be con eliminate any restrictions which are not No. MC 1486 (Sub-No. 3), filed Sep strued as a waiver of opposition and par acceptable to the Commission. tember 8, 1969. Applicant: VAN BRUNT ticipation in the proceeding. A protest No. MC 531 (Sub-No. 258), filed Sep & SON, INC., Box 192, Bordentown Ave under these rules should comply with tember 24, 1969. Applicant: YOUNGER nue, Old Bridge, N.J. 08857. Applicant’s section 247(d)(3) of the rules of prac BROTHERS, INC., 4904 Griggs Road, representative: Alexander Markowitz, tice which requires that it set forth Post Office Box 14048, Houston, Tex. 1619 Woodcrest Drive, Vineland, N.J. specifically the grounds upon which it is 77021. Applicant’s representative: Wray 08360. Authority sought to operate as a made, contain a detailed statement of E. Hughes (same address as above). Au common carrier, by motor vehicle, over Protestant’s interest in the proceeding thority sought to operate as a common irregular routes, transporting: General (including a copy of the specific portions carrier, by motor vehicle, over irregular commodities (except those of unusual of its authority which protestant believes routes, transporting: Liquid animal value, dangerous explosives, household to be in conflict with that sought in the feed, liquid animal feed supplements, goods as defined in 17 M.C.C. 467, com application, and describing in detail the and molasses, in bulk, in tank vehicles, modities in bulk, those requiring special method—whether by joinder, interline, from MeComb, Miss., to points in Ala equipment, and those injurious or con or other means—by which protestant bama, Arkansas, Florida, Georgia, Loui taminating to other lading). N ote: By would use such authority to provide all siana, Mississippi, Tennessee, and Texas. application filed September 8, 1969, ap or part of the service proposed), and N ote: Applicant states that the re plicant states it presently holds author shall specify with particularity the facts, quested authority cannot be tacked with ity in its certificate MC 1486 to conduct matters, and things relied upon, but shall its existing authority. Common control operations as a common carrier, by not include issues or allegations phrased may be involved. If a hearing is deemed motor vehicle; (A) Over regular routes, generally. Protests not in reasonable necessary, applicant requests it be held transporting: General commodities (ex compliance with the requirements of the at New Orleans, La. cept those of unusual value, and except rules may be rejected. The original and No. MC 531 (Sub-No. 259), filed Octo dangerous explosives, household goods one copy of the protest shall be filed with ber 1, 1969. Applicant: YOUNGER as defined in Practices of Motor Common the Commission, and a copy shall be BROTHERS, INC., 4904 Griggs Road, Carriers of Household Goods, 17 M.C.C. served concurrently upon applicant’s Post Office Box 14048, Houston, Tex. 467, commodities in bulk, commodities representative, or applicant if no repre 77021. Applicant’s representative: Wray requiring special equipment, and those sentative is named. If the protest in E. Hughes (same address as applicant) . injurious or contaminating to other lad cludes a request for oral hearing, such Authority sought to operate as a com ing) , between Matawan, N.J., and New requests shall meet the requirements of mon carrier, hy motor vehicle, over ir York, N.Y., serving all intermediate section 247(d)(4) of the special rules, regular routes, transporting: Petroleum points, from Matawan over New Jersey and shall include the certification re and petroleum products, and chemicals, Highway 34 to junction U.S. Highway 9, quired therein. in bulk, in tank vehicles, from points in thence over U S. Highway 9 to South Section 247(f) of the Commission’s Brazoria County, Tex., to points in the •Amboy, N.J. ^also from Matawan over rules of practice further provides that United States (except Alaska, Hawaii, unnumbered highway to Keyport, N.J., each applicant shall, if protests to its and Texas). N ote: Applicant states that thence over New Jersey Highway 35 to application have been filed, and within the requested authority can be tacked South Amboy), thence over U.S. High 60 days of the date of this publication, with its existing authority but indicates way 9 to junction U.S. Highway 1, thence the Commission in writing (1) that it has no present intention to tack over U.S. Highway 1 to New York, and that it is ready to proceed and prosecute and therefore does not identify the return over the same route. (B) Irreg points or territories which can be served ular routes: General commodities (ex the application, or (2) that it wishes to through tacking. Persons interested in cept those of unusual value, classes A withdraw the application, failure in the tacking possibilities are cautioned and B explosives, household goods as de that failure to oppose the application fined by the Commission, commodities in Copies of Special Rule 247 (as amended) may result in an unrestricted grant of bulk, commodities requiring special can be obtained by writing to the Secretary, authority. If a hearing is deemed nec equipment, and those injurious or con interstate Commerce Commission, Wash- essary, applicant requests it be held at taminating to other lading), between mgton, D.C. 20423. Houston, Tex. Matawan, N.J., and points within 20 No. 204----- 6 FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17184 NOTICES miles thereof, on the one hand, and, on sentative: Nancy J. Johnson, 111 South at Waterloo, Iowa, to serve Twin Cities, the other, New York, N.Y., and points in Fairchild Street, Madison, Wis. 53703. Minn. If a hearing is deemed necessary Westchester and Rockland Counties, Authority sought to operate as a common applicant requests it be held at Des N.Y., within 30 miles of the city hall, New carrier, by motor vehicle, over irregular Moines or Waterloo, Iowa. York, N.Y., those in Nassau County, routes,. transporting: Canned and/or No. MC 29886 (Sub-No. 251), filed N.Y., those in Pennsylvania within 100 preserved foodstuffs and materials, August 6, 1969. Applicant: DALLAS & miles of Matawan, N.J., and those in equipment, and supplies used or useful MAVIS FORWARDING CO., INC., 4000 New Castle County, Del. N ote: By the in the canning industry, from points in West Sample Street, South Bend, instant application, applicant seeks to the township of Lomira, Wis., to points Ind. 46621. Applicant’s representative: eliminate the requirement that the traf in Wisconsin. N ote: Applicant states Charles Pieroni (same address as appli fic involved move between Matawan, that the requested authority cannot be cant). Authority sought to operate as N.J., and points within 20 miles thereof, tacked with its existing authority. If a a common carrier, by motor vehicle, over in serving other points and areas de hearing is deemed necessary, applicant irregular routes, transporting: Heat ex scribed in said certificate; limited to requests it be held at Madison or Mil changers and equalizers for air, gas, or traffic having prior or subsequent move waukee, Wis., or Chicago, 111. liquids; machinery and equipment for ment or in supplemental service in rail No. MC 18738 (Sub-No. 39), filed Sep heating, cooling, conditioning, humidi trailer on flat car (piggyback) service, to tember 25, 1969. Applicant: SIMS MO fying, dehumidifying, and moving of air, and from railroad ramps or yards located TOR TRANSPORT LINES, INC., 610 gas; or liquids; and parts, attachments, at points on all routes and in all areas West 138th Street, Chicago, 111. Appli and accessories for use in the installa presently served by it. Applicant further cant’s representative: Ferdinand Bom, tion and operation of the above-named states that the requested authority can 601 Chamber of Commerce Building, In items, from the plantsite of the Chrys not be tacked with its existing author dianapolis, Ind. 46204. Authority sought ler Corp. at Bowling Green, Ky., to ity. If a hearing is deemed necessary, to operate as a common carrier, by motor points in the United States except Ha applicant requests it be held at New vehicle, over irregular routes, transport waii. N ote: Applicant states that the York, N.Y., or Philadelphia, Pa. ing: Iron and steel and iron and steel requested authority cannot be tacked No. MC 2202 (Sub-No. 379), filed articles, from Rock Falls and Sterling, with its existing authority. Common October 3, 1969. Applicant: ROADWAY 111., to points in Alabama, Kentucky, control may be involved. If a hearing is EXPRESS, INC., 1077 Gorge Boulevard, Tennessee, New York, New Jersey, points deemed necessary, applicant requests it Post Office Box 471, Akron, Ohio 44309. in Missouri on and south of U.S. High be held at Detroit, Mich. Applicant’s representatives: William O. way 36, points in Indiana, points in No. MC 30844 (Sub-No. 297), filed Turney, 2001 Massachusetts Avenue Michigan, and points in Pennsylvania September 29, 1969. Applicant: KRO- NW., Washington, D.C. 20036, and Doug on and east of U.S. Highway 15. Note: BLIN REFRIGERATED XPRESS, INC., las Faris, Post Office Box 471, Akron, Applicant states that it is willing accept 2125 Commercial Street, Waterloo, Iowa Ohio 44309. Authority sought to operate a restriction against tacking, if war 50704- Applicant’s representative: Tru as a common carrier, by motor vehicle, ranted. If a hearing is deemed necessary, man A. Stockton, Jr., The 1650 Grant over regular routes, transporting: Gen applicant requests it be held at Chicago, Street Building, Denver, Colo. 80202. eral commodities (except those of unu 111., or Washington, D.C. Authority sought to operate as a com mon carrier, by motor vehicle, over ir sual value, classes A and B explosives, No. MC 20981 (Sub-No. 4), filed Sep livestock, household goods as defined by regular routes, transporting: Frozen tember 17, 1969. Applicant: FUCCY prepared foods, from Council Bluffs, the Commission, commodities in bulk, HAULING & EXCAVATING, INC., Post and those requiring special equipment), Iowa, to points in Connecticut, Dela Office Box 453, New Cumberland, W. Va. ware, Illinois (except points on and serving the plantsite of Glasrock Prod 26047. Applicant’s representative: D. L. ucts, Inc., located at or near Barton, Ala., south of U.S. Highway 36, and except Bennett, 129 Eddington Lane, Wheeling, Chicago, Aurora, Elgin, and Joliet), as an off-route point in connection with W. Va. 26003. Authority sought to oper its regular-route authority between Maryland, Massachusetts, Minnesota, ate as a contract carrier, by motor New Hampshire, New Jersey, New York, Nashville, Tenn., and Birmingham, Ala. vehicle, over irregular routes, transport N ote: Common control may be involved. Pennsylvania, Rhode Island, Vermont, ing: Ladle brick, on pallets, from New West Virginia,- and the District of Co If a hearing is deemed necessary, appli Cumberland, W. Va., to Ecorse and De cant requests it be held at Nashville, lumbia. N ote: Applicant states that the troit, Mich., and Aliquippa, Pa., under requested authority cannot be tacked Tenn., or Birmingham, Ala. contract with Crescent Brick Co., Inc., No. MC 3854 (Sub-No. 12), filed Sep with its existing authority. Common con New Cumberland, W. Va. N ote: Appli trol may be involved. If a hearing is tember 25, 1969. Applicant: BURTON cant has common carrier authority in LINES, INC., Post Office Box 11306, East deemed necessary, applicant requests it MC 106884, therefore dual operations be held in Washington, D.C., or Chicago, Durham Station, Durham, N.C. 27703. may be involved. If a hearing is deemed Applicant’s representative: Edward G. 111. necessary, applicant requests it be held No. MC 31675 (Sub-No. 17), filed Sep Villalon, 1735 K Street NW., Washing at Pittsburgh, Pa. ton, D.C. 20006. Authority sought to tember 22, 1969. Applicant: NORTHERN operate as a common carrier, by motor No. MC 22278 (Sub-No. 39), filed Octo FREIGHT LINES, INC., Post Office Box vehicle, over irregular routes, transport ber 6, 1969. Applicant: TAKIN BROS. 1189, Gainesville, Ga. 30501. Applicant’s ing : Dry fertilizer and dry fertilizer FREIGHT LINE, INC., 2125 Commer representative: Guy H. Postell, 1273 materials, from Richmond, Va., to points cial, Waterloo, Iowa 50704. Applicant’s West Peachtree Street NE., Atlanta, Ga. in North Carolina (except Varina, N.C., representative: Truman A. Stockton, 30309. Authority sought to operate as a and points within 50 miles of Varina, Jr., The 1650 Grant Street Building, common carrier, by motor vehicle, over N.C., and except points within 25 miles Denver, Colo. 80202. Authority sought regular routes, transporting: General to operate as a common carrier, by mo commodities, except those of unusual of Reidsville, N.C., including Reidsville, tor vehicle, over regular routes, trans N.C.). N ote: Applicant states that the value, and except dangerous explosives, requested authority cannot be tacked porting: General commodities (except household goods as defined in Practices with its existing authority. Applicant those of unusual value, classes A and B of Motor Common Carriers of House holds contract carrier authority under explosives, household goods as defined hold Goods, 17 M.C.C. 467, commodities MC 118864 Sub 1, therefore, dual opera by the Commission, commodities in in bulk, commodities requiring special tions may be involved. If a hearing is bulk, commodities requiring special equipment and those injurious or con deemed necessary, applicant requests equipment, and those injurious or con taminating to other lading, between taminating to other lading), serving Toccoa, Ga., and Greenville, S.C., over it be held at Washington, D.C., or Grundy Center, Iowa, as an off-route Richmond, Va. point in connection with applicant’s U.S. Highway 123, serving no intermedi No. MC 8310 (Sub-No. 4), filed Sep presently authorized regular-route op ate points. N ote: Applicant states the tember 26, 1969. Applicant: RAY JEF purpose of this application is to convert FORDS, doing business as JEFF’S erations. Note: Common pontrol may be TRUCK SERVICE, 408 ^ Main Street, involved. Applicant states it intends to existing irregular route authority be Waupun, Wis. 53963. Applicant’s repre interline with Arrow Motor Line, Inc., tween Toccoa, Ga., and Greenville, S.C., FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17185 to regular route authority. If a hearing Linn County, approximately 3 miles (4) between junction of U.S. Highways is deemed necessary, applicant requests it northeast of Palo, Iowa, as an off-route 79 and 41A at or near Clarksville, Tenn., be held at Atlanta, Ga. point in connection with applicant’s and Russellville, Ky.: From junction of No. MC 41404 (Sub-No. 86), filed regular-route operating authority au U.S. Highways 79 and 41A over U.S. September 15, 1969. Applicant: ARGO- thorized in MC 52310 Sub 24, without Highway 79 to Russellville, Ky., and re COLLIER TRUCK LINES CORPORA restriction on pickup or delivery. N o te: turn over the same route, as an alternate TION, Post Office Box 440, Pulton High Common control may be involved. If a route for operating convenience only, way, Martin, Tenn. 38237. Applicant’s hearing is deemed necessary, applicant serving no intermediate points. N o te: If representative: Tom D. Copeland (same requests it be held at Des Moines or a hearing is deemed necessary, applicant address as above). Authority sought to Cedar Rapids, Iowa. requests it be held at Hopkinsville, Ky., operate as a common carrier, by motor No. MC 56553 (Sub-No. 20), filed or Memphis, Tenn. vehicle, over irregular routes, transport September 19,1969. Applicant: PULASKI No. MC 59150 (Sub-No. 43), filed Sep ing: Bananas, and agricultural com HIGHWAY EXPRESS, INC., 640 Hamil tember 26, 1969. Applicant: PLOOF modities, the transportation of which is ton Avenue, Nashville, Tenn. 37203. Ap TRANSFER COMPANY, INC., 1901 Hill partially exempt from economic regula plicant’s representative: A. O. Buck, 500 Street, Jacksonville, Fla. 32202. Appli tion pursuant to section 203(b) (6) of the Court Square Building, Nashville, Tenn. cant’s representative: Martin Sack, Jr., Interstate Commerce Act, when trans 37201. Authority sought to operate as a 1754 Gulf Life Tower, Jacksonville, Fla. ported in the same vehicle and at the common carrier, by motor vehicle, over 32207. Authority sought to operate as a same time with commodities subject to regular routes^ transporting: General common carrier, by motor vehicle, over economic regulation presently author commodities (except those of unusual irregular routes, transporting: Lumber ized, from Galveston, Tex., -to points in value, classes A and B explosives, house and flooring, from the plantsite of Bir Arkansas, Alabama (except Montgom hold goods as defined by the Commission, mingham Forest Products, Inc., at ery) , Florida (except Pensacola), Geor commodities in bulk, and those re Cordova, Ala., to points in Florida, Geor gia (except Atlanta and 15 miles of quiring special equipment), between gia, North Carolina, and South Carolina. Atlanta), Illinois, Indiana, Iowa, Kan Tuscumbia, Ala., and Memphis, Tenn.: N ote : Applicant states that the requested sas, Kentucky, Louisana, Michigan, Mis From Tuscumbia over U.S. Highway 43 authority cannot be tacked with its exist sissippi, Missouri, Minnesota, Oklahoma, to its junction with Alabama Highway ing authority. If a hearing is deemed Ohio, Tennessee, Texas, and W isconsin, 20, thence over Alabama Highway 20 to necessary, applicant requests it be held Note: Applicant states that the re its junction with Tennessee Highway 69, at Washington, D.C., or Atlanta, Ga. quested authority cannot be tacked thence over Tennessee Highway 69 to No. MC 59185 (Sub-No. 30), filed Sep with its existing authority. Common its junction with U.S. Highway 64, thence tember 30, 1969. Applicant: HIGHWAY control and dual operations may be in over U.S. Highway 64 to Memphis, and EXPRESS, INC., 2416 West Superior volved. If a hearing is deemed necessary, return over the same route, serving the Avenue, Cleveland, Ohio 44113. Appli applicant requests it be held at New intermediate points of Sheffield and cant’s representative: A. Charles Tell, Orleans, La., Chicago, HI., or Houston, Florence, Ala., and the off-route point 100 East Broad Street, Columbus, Ohio Tex. of Muscle Shoals, Ala., restricted against 43215. Authority sought to operate as a No. MC 50069 (Sub-No. 429), filed service at the plantsites of Reynolds common carrier, by motor vehicle, over October 2, 1969. Applicant: REFINERS Aluminum Co. at Florence, Sheffield, and irregular routes, transporting: General TRANSPORT & TERMINAL CORPORA Tuscumbia, Ala. N o te: If a hearing is commodities (except those of unusual TION, 445 Earlwood Avenue, Oregon, deemed necessary, applicant requests it value, classes A and B explosives, live Ohio 43616. Applicant’s representative: be held at Memphis, Tenn., or Florence, stock, household goods as defined by the J. A. Kundtz, 1050 Union Commerce Ala. Commission, and those requiring special Building, Cleveland, Ohio 44115. Au No. MC 56553 (Sub-No. 21), filed equipment), serving Lodi, Ohio, as an thority sought to operate as a common September 22,1969. Applicant: PULASKI off-route point in connection with car carrier, by motor vehicle, over irregular HIGHWAY EXPRESS, INC., 640 Hamil rier’s regular-route service over Ohio routes, transporting: (l) Anhydrous ton Avenue, Nashville, Tenn. 37203. Ap Highway 301. N o te: If a hearing is ammonia, from the storage terminal of plicant’s representative: A. O. Buck, 500 deemed necessary, applicant requests it American Oil Co. at or near Huntington, Court Square Building, Nashville, Tenn. be held at Cleveland or Columbus, Ohio. Ind., to points in Indiana, Illinois, 37201. Authority sought to operate as a No. MC 61403 (Sub-No. 201), filed Sep Michigan (lower), and Ohio; and (2) common carrier, by motor vehicle, over tember 29,1969. Applicant: THE MASON petroleum products, in bulk, in tank- regular routes, transporting: General AND DIXON TANK LINES, INC., East vehicles, from Huntington, Ind., to points commodities (except those of unusual man Road, Kingsport, Tenn. 37662. Ap in Ohio. N o te: Applicant states that the value, classes A and B explosives, house plicant’s representative: W. C. Mitchell, requested authority cannot be tacked hold goods as defined by the Commission, 140 Cedar Street, New York, N.Y. 10006. with its existing authority. Common commodities in bulk, and those requir Authority sought to operate as a common control and dual operations may be in ing special equipment); (1) between carrier, by motor vehicle, over irregular volved. Applicant further states that no Memphis, Tenn., and Russellville, Ky.: routes, transporting: Molten benzoic duplicating authority is being sought. If From Memphis over U.S. Highway 79 to add, in bulk, in tank vehicles, from the a hearing is deemed necessary, applicant junction of U.S. Highway 41 A, thence plantsite of Chas. Pfizer & Co., Inc., requests it be held at Washington, D.C. over U.S. Highway 41A to junction of U.S. Highway 68, thence over U.S. High at Terre Haute, Ind., to Chestertown, No. MC 52310 (Sub-No. 27), filed Sep Md., and Greensboro, N.C. N o te: Appli tember 22, 1969. Applicant: BRUCE way 68 to Russellville, and return over the same route, serving all intermediate cant states that the requested authority MOTOR FREIGHT, INC., 3920 Dela cannot be tacked with its existing au ware, Post Office Box 623, Des Moines, points in Kentucky; (2) between Hop kinsville, Ky., and Cadiz, Ky.: From thority. If a hearing is deemed necessary, Iowa 50309. Applicant’s representative: applicant requests it be held at Wash Cecil L. Goettsch, 11th Floor, Des Moines Hopkinsville over U.S. Highway 68 to Cadiz and return over the same route, ington, D.C. Building, Des Moines, Iowa 50309. Au No. MC 61592 (Sub-No. 153), filed thority sought to operate as a common serving all intermediate points; (3) be tween Memphis, Tenn., and the junction September 26,1969. Applicant: JENKINS carrier, by motor vehicle, over regular TRUCK LINE, INC., 3708 Elm Street, routes, transporting: General commodi- of U.S. Highways 79 and 45E at or near Milan, Tenn.: From Memphis over In Bettendorf, Iowa 52722. Applicant’s rep ties (except those of unusual value, resentative: R. Connor Wiggins, Jr., classes A and B explosives, household terstate Highway 40 to its junction with U.S. Highway 45, thence over U.S. High Suite 909, 100 North Main Building, Soods as defined by the Commission, Memphis, Tenn. 38103. Authority sought commodities in bulk, and those requir way 45 to its junction with U.S. High way 45E, thence over U.S. Highway 45E to operate as a common carrier, by motor e s special equipment, and those injuri vehicle, over irregular routes, transport ous or contaminating to other lading), to its junction with U.S. Highway 79, and return over the same route, as an alter ing: Lumber and wood products, from serving the plantsite and facilities of nate route for operating convenience points in Perry County, Ohio, to points Duane Arnold Energy Center located in only, serving no intermediate points; and in Kentucky, Tennessee, North Carolina, FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17186 NOTICES South Carolina, Virginia, and West Vir Gehee, Dumas, Dewitt, Stuttgart, Ham NEWMARK TRUCKING CO., INC., ginia. N ote: Applicant states that the burg, Crossett, Monticello, Star City, 248 West 35th Street, New York, requested authority cannot be tacked Pine Bluff, White Hall, Batesville, Moun N.Y. 10001. Applicant’s representative: with its existing authority. Common con tain Home, Gassville, Heber Springs, Norman Weiss, 2 West 45th Street, New trol may be involved. If a hearing is Fordyce, Warren, El Dorado, Smackover, York, N.Y. 10036. Authority sought to deemed necessary, applicant requests it Hampton, Benton, Conway, Clinton, Les operate as a common carrier, by motor be held at Columbus, Ohio. lie, Marshall, Harrison, Russellville, vehicle, over irregular routes, transport No. MC 64600 (Sub-No. 37), filed Sep Atkins, Hot Springs, Malvern, Arka- ing: (1) Wearing apparel and wearing tember 18, 1969. Applicant: WILSON delphia, Gurdon, Prescott, Camden, apparel accessories, in packages, when TRUCKING CORPORATION, Post Of Bearden, Magnolia, Hope, Dardanelle, moving in the same vehicle with wearing fice Box 340, Waynesboro, Va. Appli Danville, Paris, Bonneville, Fort Smith, apparel on hangers, from points in the cant’s representative: Harry J. Jordan, Camp Chaffee, Greenwood, Ozark, New York, N.Y., commercial zone to the 1000 16th Street NW„ Washington, D.C. Charleston, Clarksville, Van Buren, stores and facilities of Lane Bryant, Inc., 20036. Authority sought to operate as a Alma, Fayetteville, Springdale, Benton- in the Washington, D.C., commercial common carrier, by motor vehicle, over ville, Rogers, Yellville, Morrilton, Gould, zone, as defined by the Commission; and regular routes, transporting: General and Sheridan, Ark. Restrictions: (1) No (2) returned and damaged shipments of commodities, except those of unusual service shall be rendered in the transpor wearing apparel and wearing apparel ac value, classes A and B explosives, house tation of any package or article weighing cessories, from the destination points to hold goods as defined by the Commission, more than 70 pounds or exceeding 108 the origin points in (1) above. Note: Ap commodities in bulk, and those requiring inches in length and girth combined. (2) plicant states that the requested author special equipment, serving Lake Monti- No service shall be provided in the trans ity cannot be tacked with its existing cello, Va., over Virginia Highway 53 as an portation of packages or articles weigh authority. If a hearing is deemed neces off-route point in connection with appli ing in the aggregate more than 100 sary, applicant requests it be held at New cant’s Sub 8 authority between Rich pounds from one consignor to one con York, N.Y. mond and Charlottesville, Va., serving signee on any one day. Note: Applicant No. MC 83539 (Sub-No. 264), filed Sep all intermediate and off-route points indicates tacking at Memphis, Tenn., tember 22, 1969. Applicant: C & H within 25 miles of Waynesboro, Va. commercial zone (except those points lo TRANSPORTATION CO., INC., 1935 N ote : If a hearing is deemed necessary, cated in Arkansas and Mississippi) with West Commerce Street, Dallas, Tex. applicant requests it be held at Rich any authorities the company holds. If a 75222. Applicant’s representative: Ken mond, Va., or Washington, D.C. hearing is deemed necessary, applicant neth Weeks (same address as applicant). No. MC 64932 (Sub-No. 480), filed requests it be held at Memphis, Tenn. Authority sought to operate as a com September 25,1969. Applicant: ROGERS No. MC 73688 (Sub-No. 35) (Clarifica mon carrier, by motor vehicle, over CARTAGE CO., a corporation, 1439 West tion) , filed August 7, 1969, published in irregular routes, transporting: Lumber 103d Street, Chicago, HI. 60643. Appli F ederal R egister issue of September 25, and flooring, from the plantsite of Bir cant’s representative: Carl L. Steiner, 39 1969, and republished, as clarified, this mingham Forest Products, Inc., at Cor South La Salle Street, Chicago, 111. 60603. issue. Applicant: SOUTHERN TRUCK dova, Ala., to points in Arizona, Califor Authority, sought to operate as a com ING CORPORATION, 1500 Orenda Ave nia, Colorado, Connecticut, Delaware, mon carrier, by motor vehicle, over nue, Memphis, Tenn. 38107. Applicant’s Idaho, Hlinois, Indiana, Kansas, Ken irregular routes, transporting: Liquid representative: Charles H. Hudson, Jr., tucky, Maryland, Massachusetts, Michi chemicals, in bulk, in tank vehicles, from 833 Stahlman Building, Nashville, Tenn. gan, New York, New Mexico, New York, the plantsite of Stepan Chemical Co., at 37201. Authority sought to operate as a Ohio, Oklahoma, Oregon, Pennsylvania, or near Millsdale, HI., to points in Ala common carrier, by motor vehicle, over Rhode Island, Texas, Utah, Washington, bama, Arizona, Arkansas, California, irregular routes, transporting: Iron and West Virginia, and the District of Colum Colorado, Delaware, Florida, Georgia, steel and iron and steel articles, from bia. N ote: Applicant states that the re Idaho, Kansas, Louisiana, Maine, Missis Memphis, Tenn., to points in Kentucky. quested authority cannot be tacked with sippi, Montina, Nebraska, Nevada, New N ote: Applicant states that the re its existing authority. Common control Hampshire, New Jersey, New Mexico, quested authority cannot be tacked with may be involved. If a hearing is deemed New York, North Carolina, North Dakota, its existing authority. The purpose of this necessary, applicant requests it be held Oklahoma, Oregon, Pennsylvania, South republication is to clarify the authority at Washington, D.C., or Atlanta, Ga. Carolina, South Dakota, Tennessee, sought. If a hearing is deemed necessary, No. MC 85644 (Sub-No. 2), filed Sep Texas, Utah, Vermont, Washington, West applicant requests it be held at Memphis, tember 3, 1969. Applicant: SPRING Virginia, Wyoming, Virginia, and the Tenn. CITY TRUCKING COMPANY, 1352 East District of Columbia. N ote: Applicant No. MC 75406 (Sub-No. 36), filed Ellis Street, Post Office Box 293, Wau states that the requested authority can September 26, 1969. Applicant: SU kesha, Wls. 53186. Applicant’s repre not be tacked with its existing authority. PERIOR FORWARDING COMPANY, sentative: Philip H. Porter, 16 North If a hearing is deemed necessary, appli INC., 2600 South Fourth Street, St. Louis, Carroll Street, Madison, Wis. 53703. Au cant requests it be held at Washington, Mo. 63118. Applicant’s representative: G. thority sought to operate as a common D.C. M. Rebman, 314 North Broadway, St. carrier, by motor vehicle, over irreg No. MC 67866 (Sub-No. 29) , filed Sep Louis, Mo. 63102. Authority sought to ular routes, transporting: General com tember 22, 1969. Applicant: FILM operate as a common carrier, by motor modities (except those of unusual value, TRANSIT, INC., 291 Hernando Street, vehicle, over regular routes, transport classes A and B explosives, livestock, Post Office Box 444, Memphis, Tenn. ing: General commodities (except those household goods as defined by the Com 38101. Applicant’s representative: James of unusual value, and except livestock, mission, commodities in bulk, commodi W. Wrape, 2111 Sterick Building, Mem household goods as defined by the Com ties requiring special equipment, and phis, Tenn. 38103. Authority sought to mission, commodities in bulk, commodi those injurious or contaminating to operate as a common carrier, by motor ties requiring special equipment, and other lading), (1) between Milwaukee, vehicle, over irregular routes, transport those injurious or contaminating to other Wis., and Waukesha, Wis., and their re ing: General commodities, except dan lading); serving the plantsite of Rem spective terminal areas and the plantsite gerous explosives, household goods as ington Arms Co., a subsidiary of E. I. du of Amron Corp. in the town of Mukwa- defined in Practices of Motor Common Pont de Nemours, Inc., near Lonoke, nago, Waukesha County, Wis., over State Carriers of Household Goods, 17 M.C.C. Ark., as an off-route point in connection Truck Highway 18; (2) between Mil 467, commodities in bulk, and livestock, with applicant’s regular route authority waukee and Waukesha and Waukesha between Memphis, Tenn., and points in in MC 75406. N ote:' If a hearing is County Highways 1 and 20; and (3) be its commercial zone, on the one hand, deemed necessary, applicant requests it tween Waukesha and the Amron Corp. and, on the other, points in Arkansas in be held at Little Rock, Ark., or St. Louis, plantsite, including service at interme the counties of Monroe, Jackson, Wood Mo. diate points. N ote : Applicant states that ruff, Chicot, Lonoke, Prairie, White and No. MC 76065 (Sub-No. 18), filed Sep it holds intrastate commerce authority Pulaski, and the cities of Marvel, Mc- tember 18, 1969. Applicant: EHRLICH- of general commodities without transfer FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17187 of lading between vehicles for the pur rier, by motor vehicle, over irregular No. MC 103051 (Sub-No. 230) (Amend pose of pickup and delivery; without routes, transporting: Printing paper, ment), filed July 17, 1969, published in service at points intermediate between gummed paper, paper hacked with the F ederal R egister issue of August 14, Waukesha and Brookfield on Highway aluminum foil, from Troy, Ohio, to 1969, amended, and republished as 18; and limiting its single-line service points in Pennsylvania, New York, New amended this issue. Applicant: FLEET between Waukesha on the one hand, and, Jersey, and Connecticut, under a con TRANSPORT COMPANY, INC., 1000 on the other, Milwaukee, Wauwatosa, tinuing contract with St. Regis Paper 44th Avenue North, Post Office Box 7645, West Milwaukee, Brown Deer, Butler, Co., of New York, N.Y. N ote: If a hear Nashville, Tenn. 37209. Applicant’s rep Cudahy, Glendale, Greenfield, Meno ing is deemed necessary, applicant re resentative: R. J. Reynolds, Jr., 604-09 monee Falls, Mequon, Oak Creek, River quests it be held at Washington, D.C., or Healey Building, Atlanta, Ga. 30303. Au Falls, St. Francis, Shorewood, Brook Harrisburg, Pa. thority sought to operate as a common field, West Allis, and Whitefish Bay. If- No. MC 96881 (Sub-No. 8), filed Sep carrier, by motor vehicle, over irregular a hearing is deemed necessary, appli tember 29,1969. Applicant: ORVILLE M. routes, transporting: Acids and chemi cant requests it be held at Milwaukee or FINE, doing business as FINE TRUCK cals, in bulk, from points in Rutherford Madison, Wis. LINE, 1211 South Ninth Street, Fort County, Tenn., to points in Alabama, No. MC 91053 (Sub-No. 10), filed Sep Smith, Ark. 72901. Applicant’s repre Arkansas, Georgia, Illinois, Indiana, tember 23, 1969. Applicant: -TRANS- sentative: Thomas Harper, Kelley Iowa, Kentucky, Michigan, Mississippi, WORLD MOVERS, INC., 3722 Chestnut Building, Post Office Box 43, Fort Smith, Missouri, North Carolina, Ohio, South Place, Denver, Colo. 80216. Applicant's Ark. 72901. Authority sought to oper Carolina, Tennessee, and Virginia. N ote : representative: Walter R. Plankinton ate as a common carrier, by motor vehi ^Applicant states it does not intend to (same address as applicant). Authority cle, over regular routes, transporting: tack, and is apparently willing to accept sought to operate as a common carrier, General commodities (except those of a restriction against tacking, if war by motor vehicle, over irregular routes, unusual value, classes A and B explo ranted. The purpose of this republication transporting: Household goods, as de sives, household goods as defined by the is to include Missouri as a destination fined by the Commission, between points Commission, commodities in bulk, and point. If a hearing is deemed necessary, in the United States, restricted (1) to those requiring special equipment), be applicant requests it be held at Nash shipments having a prior or subsequent tween junction U.S. Highways 71 and 70 ville, Tenn., or Atlanta,'Ga. movement beyond said points, in con north of Lockesburg, Ark., and Little No. MC 103051 (Sub-No. 235), filed tainers, and (2) to pickup and delivery Rock, Ark., over U.S. Highway 70, serv October 3, 1969. Applicant: FLEET service incidental to and in connection ing only the intermediate point of TRANSPORT COMPANY, INC., 1000 with packing, crating, and containeriza Dierks, Ark., restricted against any 44th Avenue North, Post Office Box 7645, tion or unpacking, uncrating, and decon transportation between Little Rock, Nashville, Tenn. 37209. Applicant’s rep tainerization of such shipments. N ote: Ark., and Fort Smith, Ark. N ote: If a resentative: R. J. Reynolds, Jr., 604-09 Applicant states that the requested au hearing is deemed necessary, applicant Healey Building, Atlanta, Ga. 30303. Au thority cannot be tacked with its existing requests it be held at Little Rock, Ark., thority sought to operate as a common authority. Applicant further states that it or Oklahoma City, Okla. carrier, by motor vehicle, over irregular will offer all presently held authority for No. MC 100666 (Sub-No. 148), filed routes, transporting: Paint, lacquer, and cancellation should the instant applica September 5, 1969. Applicant: MELTON varnish, and paint, lacquer, and varnish tion be granted. If a hearing is deemed TRUCK LINES, INC., Post Office Box thinners, In bulk, in tank vehicles, from necessary, applicant requests it be held 7666, Shreveport, La. 71107. Applicant’s points in Clayton County, Ga., to points at Denver, Colo., Kansas^ City, Mo. or representative: Wilburn L. Williamson, in Alabama, Florida, Georgia, North Cheyenne, Wyo. 600 Leininger Building, Oklahoma City, Carolina, South Carolina, and Tennessee. No. MC 92983 (Sub-No. 536), filed Sep Okla. 73112. Authority sought to oper N ote: Applicant states that the re tember 22, 1969. Applicant: ELDON ate as a common carrier, by motor ve quested authority cannot be tacked with MILLER, INC., Post Office Box 2508, hicle, over irregular routes, transport its existing authority. If a hearing is Kansas City, Mo. 64142. Applicant’s ing: (1) Composition hoard from points deemed necessary, applicant requests it representative: Eldon Miller (same ad in Stone County, Miss., to points in the be held at Atlanta, Ga., or Washington, dress as applicant). Authority sought to United States in and east of North D.C. operate as a common carrier, by motor Dakota, South Dakota, Nebraska, Kan vehicle, over irregular routes, transport - No. MC 103993 (Sub-No. 461), filed sas, Oklahoma, and Texas; (2) poles,- October 3, 1969. Applicant: MORGAN ing: Chemicals, in bulk, from Spring- piling, and posts, from points in Stone field, Mo., to Dallas, Tex. N ote: Appli DRIVE-AWAY, INC., 2800 West Lexing County, Miss., to points in Kansas, Okla ton Avenue, Elkhart, Ind. 46514. Appli cant states that the requested authority homa, Texas, Missouri, Arkansas, Mary cannot be tacked with its existing au cant’s representatives: Paul D. Borg- land, Delaware, New Jersey, Connecticut, hesani and Ralph H. Miller (same ad thority. Applicant further states that it Massachusetts, Rhode Island, New York, presently holds authority from the Com dress as applicant). Authority sought to Vermont, New Hampshire, Maine, and operate as a common carrier, by motor mission to perform the transportation of the District of Columbia; and (3) lumber, chemicals, in bulk, from Springfield, Mo., vehicle, over irregular routes, transport from points in Stone County, Miss., to ing: Hardwood flooring and lumber prod to Dallas, Tex., under authorities issued points in the United States in and east of to it in MC-92983, Sub 407 and Sub 59. ucts, from Laona, Wis., to points in Min North Dakota, South Dakota, Nebraska, nesota, Missouri, New York, and Penn Such transportation involves the tacking Kansas, Oklahoma, and Texas (except of the authorities at Kansas City, Mo.- sylvania. N ote: Applicant states that the points in Louisiana, Tennessee, and Ken requested authority cannot be tacked Kans., commercial zone. This applica tucky). N ote: Applicant states that it tion is filed for the purpose of obtaining holds authority under its Sub 34 to trans with its existing authority. If a hearing the elimination of the use of the gateway port lumber and lumber products, be is deemed necessary, applicant requests of Kansas City, Mo.-Kans. in order to tween points in Louisiana, on the one it be held at Madison, Wis. facilitate such transportation from hand, and, on the other, points in Missis No. MC 104149 (Sub-No. 186), filed Springfield, Mo., to Dallas, Tex. Com sippi. By tacking the authority sought at September 26, 1969. Applicant: OS mon control may be involved. If a hear Stone County, Miss., applicant could BORNE TRUCK LINE, INC., 516 North ing is deemed necessary, applicant serve from points in Louisiana to points 31st Street, Birmingham, Ala. Applicant’s requests it be held at Kansas City, Mo, east of Stone County, Miss., on lumber representative: William P. Jackson, Jr., No. MC 96098 (Sub-No. 31), filed traffic. No duplicating authority is being 1819. H Street NW., Washington, D.C. 20006. Authority sought to operate as a October 2, 1969. Applicant: MILTON sought, Applicant is willing to accept a TRANSPORTATION, INC., Rural Deliv common carrier, by motor vehicle, over ery 2, Milton, Pa. 17847. Applicant’s rep nonduplicating condition in any au irregular routes, transporting: Alumi resentative: George A. Olsen, 69 Tonnele thority granted herein. If a hearing is num and aluminum products, between Avenue, Jersey City, N.J. 07306. Author deemed necessary, applicant requests it Scottsboro, Ala., and points in Illinois, ity sought to operate as a contract car be held at Mobile, Ala. or Shreveport, La. Indiana, and Ohio. N ote : Applicant FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17188 NOTICES states that the requested authority can Fred Rahal, Jr. (same address as appli points in the United States (except be tacked with its existing authority but cant). Authority sought to operate as a Alaska and Hawaii); (2) boards, build indicates that it has no present inten common carrier, by motor vehicle, over ing, wall or insulating from Lagro, Ind., tion to tack and therefore does not iden irregular routes, transporting: Electrical to points in the United States except Ala tify the points or territories which can fixtures, metal housewares, and house- bama, Arkansas, Delaware, Illinois, be served through tacking. Persons in ware products, from Altoona, Pa., to Iowa, Kentucky, Louisiana, Maryland, terested in the tacking possibilities are points in the United States (except Michigan, Mississippi, Missouri, Tennes cautioned that failure to oppose the ap Alaska and Hawaii). N ote: Applicant see, Washington, D.C., Florida, Georgia, plication may result in an unrestricted states that the requested authority can Alaska, and Hawaii; (3) mineral wool, grant of authority. If a hearing is deemed not be tacked with its existing authority. cement, industrial noise silencers, from necessary, applicant requests it be held Common control and dual operations Largo, Ind., to points in the United States at Scottsboro or Birmingtham, Ala. may be involved. If a hearing is deemed (except Alaska and Hawaii); (4) boards, No. MC 106603 (Sub-No. 106), filed necessary, applicant requests it be held building, wall or insulating from Tren September 19, 1969. Applicant: DIRECT at Pittsburgh or Harrisburg, Pa. ton, N.J., to points in the United States TRANSIT LINES, INC., 200 Colrain No. MC 106760 (Sub-No. 116), filed excluding Alaska and Hawaii (except Street SW., Grand Rapids, Mich. 49508. September 25, 1969. Applicant: WHITE- from the plant and warehouse site of Applicant’s representative: Robert A. HOUSE TRUCKING, INC., 1925 Na Homasote Co. at Trenton, N.J., to points Sullivan, 1800 Buhl Building, Detroit, tional Plaza, Tulsa, Okla. 74151. Appli in Alabama, Arkansas, Delaware, Illi Mich. 48226. Authority sought to operate cant’s representatives: Irvin Tull and nois, Indiana, Iowa, Kentucky, Louisiana, as a common carrier, by motor vehicle, Fred Rahal, Jr. (same address as above). Maryland, Michigan (Lower Peninsula), over irregular routes, transporting: Authority sought to operate as a common Mississippi, Missouri, New Jersey, Ohio, (AX1) Salt and salt products; and (2) carrier, by motor vehicle, over irregular Tennessee, West Virginia, District of materials and supplies, used in the agri routes, transporting: Metal buildings, Columbia; and (5) mineral wool, cement, cultural, water treatment, food proc knocked down or sectional and/or parts and industrial noise silencers, from essing, wholesale grocery and institu thereof, from points in Jefferson County^ Trenton, N.J., to points in the United tional supply industries in mixed ship Ala., to points in Texas. Note: Common States (except Alaska and Hawaii). ments with salt and salt products, from control may be involved. Applicant states N ote: Applicant states that the re Marysville, Mich., and Rittman, Ohio, that the requested authority cannot be quested authority cannot be tacked with to points in Connecticut, Delaware, tacked with its existing authority. Appli its existing authority. Common control Maryland, New Jersey, and Pennsyl cant further states it now holds some may be involved. If a hearing is deemed vania; and (B)(1) salt and salt prod duplicating authority, however, no du necessary, applicant requests it be held ucts (except in bulk); and (2) materials plicating authority is being sought. If a at Washington, D.C. and supplies (except in bulk), used in hearing is deemed necessary, applicant No. MC : 107002 (Sub-No. 380), filed the agricultural, water treatment, food requests it be held at Birmingham, Ala., September 29, 1969. Applicant: MILLER processing, wholesale grocery and insti or Washington, D.C. TRANSPORTERS, INC., Post Office Box tutional supply industries in mixed ship No. MC 106760 (Sub-No. 117), filed 1123, U.S. Highway 80 West, Jackson, ments with salt and salt products, from October 1, 1969. Applicant: WHITE- Miss. 39205. Applicant’s representatives: the plantsite of Morton Salt Co. in Ritt HOUSE TRUCKING, INC., 1925 Na John J. Borth, Post Office Box 1123, man, Ohio, to points in Illinois, Indiana, tional Plaza, Tulsa, Okla. 74151. Appli Jackson, Miss. 39205, and H. D. Miller, and Covington, Newport, and Louis cant’s representatives: Irvin Tull and Jr„ Post Office Box 22567, Jackson, Miss. ville, Ky.; (C) (1) salt and salt products, Fred Rahal, Jr. (same address as appli 39205. Authority sought to operate as a (except in bulk); and cant) . Authority sought to operate' as a common carrier, by motor vehicle, over (2) Materials and supplies (except in common carrier, by motor vehicle, over irregular routes, transporting: Sulphuric bulk) used in the agricultural, water irregular routes, transporting: (1) Fiber- acid and acid sludge, in bulk, in tank treatment, food processing, wholesale board panels with parts and accessories, vehicles, between Natchez, Miss., on the grocery and institutional supply indus from Toledo, Ohio, to points in the one hand, and, on the other, points in tries in mixed shipments with salt and United States (except Alabama, Conr East Baton Rouge, Iberville, Ascension, salt products, from Chicago, HI., to points necticut, Delaware, Florida, Illinois, and St. James Parishes, La. Note : Appli in Indiana and the Lower Peninsula of Indiana, Kentucky, Maryland, Massa cant states that the requested authority Michigan; and (D)(1) salt and salt chusetts, Michigan (Lower Peninsula), cannot be tacked with its existing au products; and (2) materials and sup Missouri, New Jersey, New York, Penn thority. If a hearing is deemed necessary, plies used in the agricultural, water sylvania, Rhode Island, Tennessee, applicant requests it be held at Baton treatment, food processing, wholesale Alaska, and Hawaii); and (2) doors, mill Rouge, La. grocery and institutional supply indus work, parts, and accessories, from Toledo, No. MC 107403 (Sub-Ncv 781), filed tries in mixed shipments with salt and Ohio, to points in the United States (ex October 1, 1969. Applicant: MATLACK, salt products, from St. Clair, Mich., and INC., 10 West Baltimore Avenue, Lans- Akron, Ohio, to points in Connecticut, cept Alaska and Hawaii). N ote: Appli cant states that the requested authority downe, Pa. 19050. Applicant’s represent Delaware, Maryland, New Jersey, New cannot be tacked with its existing au ative: John Nelson (same address as York, and Pennsylvania (except points applicant). Authority sought to operate in Alleghany, Beaver, Butler, Cambria, thority. Applicant further states that no duplicating authority is being sought. as a common carrier, by motor vehicle, Clarion, Clearfield, Crawford, Elk, Erie, over irregular routes, transporting: Payette, Forest, Green, Indiana, Jeffer Common control and dual operations may be involved. If a hearing is deemed Chemicals, in bulk, in tank vehicles, from son, Lawrence, Mercer, Somerset, Ve Delaware, Ohio, to points in Alabama, nango, Warren, Washington, and West necessary, applicant requests it be held at Toledo, Ohio. Arkansas (except Fort Smith), Iowa, Il moreland Counties, Pa., from St. Clair, linois, Minnesota, Missouri, Tennessee, No. MC 106760 (Sub-No. 118), filed Mich.). Note: Applicant states that the and Wisconsin. N ote: Applicant states requested authority cannot be tacked October 1, 1969. Applicant: WHITE- that the requested authority cannot be with its existing authority. Applicant has HOUSE TRUCKING, INC., 1925 Na tacked with its existing authority. Com contact carrier authority in MC 46240 tional Plaza, Tulsa, Okla. 74151. Appli mon control may be involved. If a hear and subs thereunder, therefore, dual cant’s representatives: Irvin Tull and ing is deemed necessary, applicant re operations may be involved. If a hearing Fred Rahal, Jr. (same address as appli quests it be held at Washington, D.C. cant). Authority sought to operate as a is deemed necessary, applicant requests No. MC 107409 (Sub-No. 35), filed it be held at Detroit or Lansing, Mich. common carrier, by motor vehicle, over irregular routes, transporting: (1) September 8, 1969. Applicant: RATLIFF No. MC 106760 (Sub-No. 115), filed & RATLIFF, INC., Route No. 5, Lex September 25, 1969. Applicant: WHITE- Boards, building, wall or insulating, min eral wool, cement, industrial noise si ington, N.C. 27292. Applicant’s repre HOUSE TRUCKING, INC., 1925 Na sentative: R. Connor Wiggins, J r . , Suite tional Plaza, Tulsa, Okla. 74151. Appli lencers, from Cloquet, Minn.; Kalmazoo, cant’s representatives: Irvin Tull and Mich.; and East Brunswick, N.J., to 909, 100 North Main Building, Memphis, FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17189 Tenn. 38103. Authority sought to oper TRUCKING COMPANY, ING., Post Of New Mexico, Arizona, Utah, Nevada, and ate as a common carrier, by motor ve fice Box 8409, Charlotte, N.C. 28208. Ap California. N ote: Applicant states that hicle, over irregular routes, transport plicant’s representative: Morton E. Kiel, the requested authority cannot be ing: Clay products, from East Canton, 140 Cedar Street, New York, N.Y. 10006. tacked with its existing authority. Appli Ohio, to points in Alabama, Florida, Authority sought to operate as a common cant states no duplicating authority is Georgia, Mississippi, North Carolina, carrier, by motor vehicle, over irregular being sought. If a hearing is deemed South Carolina, and Tennessee. N ote: routes, transporting: (1) Electric con necessary, applicant requests it be held Applicant states joinder possibilities ex trollers and instruments, requiring spe at Fort Worth, Tex., or Oklahoma City, ist with its Sub 18, wherein it conducts cial equipment or special handling by Okla. operations in Minnesota, Iowa, Missouri, reason of size or weight, and parts and No. MC 109435 (Sub-No. 61), filed Arkansas, Louisiana, Wisconsin, Indi attachments therefor, when moving September 18, 1969. Applicant: ELLS ana, Mississippi, Michigan, Illinois, therewith, from points in Roanoke and WORTH BROS. TRUCK LINE, INC., Kentucky, Tennessee, Alabama, Ohio, Augusta Counties, Va., to points in the 116 North Allied Road, Drawer J, Virginia, West Virginia, South Carolina, United States (except points in Alaska, Stroud, Okla. 74079. Applicant’s repre Georgia, Florida, Maryland, Delaware, Hawaii, Virginia, North Carolina, South sentative: Wilburn J. Williamson, 600 New Jersey, Pennsylvania, New York, Carolina, Georgia, and Florida); and Leininger Building, Oklahoma City, Okla. Rhode Island, Connecticut,' Massachu (2) materials and supplies used in the 73112. Authority sought to operate as a setts, New Hampshire, Vermont, Maine, manufacture and assembly of the fore common carrier, by motor vehicle, over North Carolina, and the District of Co going commodities in (1) above, on re irregular routes, transporting: Corn lumbia. Common control may be in turn. N ote : Applicant states that the re products and soybean products, in bulk, volved. If a hearing is deemed necessary, quested authority cannot be tacked with from Muskogee. Okla., to points in applicant requests it be held at Mont is existing authority. Common control Arkansas, Louisiana, Missouri, Kansas, gomery or Mobile, Ala. may be involved. If a hearing is deemed Texas, New Mexico, and Colorado. N ote: No. MC 107496 (Sub-No. 751), filed necessary, applicant requests it be held Applicant states that the requested au September 19, 1969. Applicant: RUAN at Roanoke, Va., or Washington, D.C. thority cannot be tacked with its existing TRANSPORT CORPORATION, Keo- No. MC 108461 (Sub-No. 116, filed authority. If a hearing is deemed neces sauqua Way at Third, Post Office Box September 22, 1969. Applicant: WHIT sary, applicant requests it be held at 855, Des Moines, Iowa 50304. Applicant’s FIELD TRANSPORTATION, INC., 300- Oklahoma City, Okla. representative: H. L. Fabritz (same ad 316 North Clark Road, Post Office No. MC 110420 (Sub-No. 600), filed dress as applicant). Authority sought Drawer 9897, El Paso, Tex. 79989. Appli September 23, 1969. Applicant: to operate as a common carrier, by cant’s representatives: J. P. Rose (same QUALITY CARRIERS, INC., 100 South motor vehicle, over irregular routes, address as applicant), and O. R. Jones, Calumet Street, Burlington, Wis. 53105. transporting: (1) Liquid agricultural in Post Office Box 2223, Santa Fe, N. Mex. Applicant’s representative: A. Bryant secticides and liquid weed killing com 87501. Authority sought to operate as a Torhorst, Post Office Box 339, Burlington, pounds, in bulk, from Des Moines, Iowa, common carrier, by motor vehicle, over Wis. 53105. Authority sought to operate to points in Ohio and Wisconsin; (2) regular routes, transporting: General as a common carrier, by motor vehicle, salt; (a) between points in Iowa; (b) commodities (except those of unusual over irregular routes, transporting: between points in Nebraska; and (c) value, classes A and B explosives, house Spent yeast, in bulk, from points in between points in South Dakota; (3) hold goods as defined by the Commis Minnesota and Illinois (except Peoria salt, in bulk, in pneumatic tank vehicles, sion, commodities in bulk, and those re Heights), to Juneau, Wis. N ote: Com from Clinton, Iowa, to points in Illinois quiring special equipment); (1) between mon control may be involved. Applicant and Wisconsin. N ote: Applicant states Post, Tex., and Roswell, N. Mex., over states it could tack at Chicago, 111., with that the requested authority can be U.S. Highway 380, serving no intermedi its presently held authority under its tacked with its existing authority but ate points and serving Post, Tex., for Sub-282, wherein it holds authority from indicates that it has no present inten purpose of joinder only in connection points in Wisconsin, Minnesota, Missouri, tion to tack and therefore, does not with applicant’s presently authorized Indiana, Michigan, and Ohio to Chicago, identify the points or territories which regular route operations; and (2) be 111. If a hearing is deemed necessary, ap can be served through serving. Persons tween Snyder, Tex., and Carlsbad, plicant requests it be held at Milwaukee interested in the tacking possibilities N. Mex., over U.S. Highway 180, serving or Madison, Wis. are cautioned that failure to oppose the no intermediate points and serving. No. MC 110525 (Sub-No. 927) (Cor application may result in an unre Snyder, Tex., for purpose of joinder only rection) , filed August 25, 1969, published stricted grant of authority. If a hearing is in connection with applicant’s author in the F ederal R egister issue of Septem deemed necessary, applicant requests ized regular route operations. N ote: ber 18, 1969, and republished as correct, it be held at Chicago, HI., or Des Moines, Common control may be involved. If a this issue. Applicant: CHEMICAL LEA- Iowa. hearing is deemed necessary, applicant MAN TANK LINES, INC., 520 East Lan No. MC 107799 (Sub-No, 10), filed requests it be held at El Paso, Tex., with caster Avenue, Downingtown, Pa. 19335. September 15, 1969. Applicant: J. O. continued hearings at Dallas, Tex., and Applicant’s representatives: Edwin H. RINGGENBERG, INC., Post Office Box Roswell, N. Mex. van Deusen (same address as applicant), 1236, Dodge City, Kans. 67801. Appli No. MC 109064 (Sub-No. 21), filed and Leonard A. Jaskiewicz, 1730 M Street cant’s representative: Clyde N. Christey, September 29, 1969. Applicant: TEX-O- NW., Suite 501, Washington, D.C. 20036. 641 Harrison Street, Topeka, Kans. KA-N TRANSPORTATION COMPANY, Authority sought to operate as a common 66603. Authority sought to operate as a INC., Post Office Box 8367, 3301 South carrier, by motor vehicle, over irregular common carrier, by motor vehicle, -over east Loop 820, Port Worth, Tex. 76112. routes, transporting: Liquid latex, in irregular routes, transporting: Livestock Applicant’s representative: R eagan bulk, from Washington, W. Va., to Gary, Pens, gates, chutes, and livestock han Sayers, Post Office Box 17007, Fort Ind., and Ottawa, HI. N ote: Applicant dling equipment and related parts and Worth, Tex. 76102. Authority sought to states that the requested authority can accessories; fence posts; drag tooth har operate as a common carrier, by motor be tacked with its existing authority but rows; livestock racks; headache racks for vehicle, over irregular routes, transport indicates that it has no present intention Pickups and towbars, from Dodge City, ing: Plastic pipe, plastic tubing, plastic to tack and therefore does not identify Kans., to points in Colorado, New Mexico, conduit, valves, fittings, compounds, the points or territories which can be Texas, Oklahoma, Nebraska, Missouri, joint sealer, bonding cement, primer, served through tacking. Persons inter and South Dakota. N ote: Applicant coating, thinner, and accessories used in states that the requested authority can ested in the tacking possibilities are the installation 'of such products; (1) cautioned that failure to oppose the ap not be tacked with its existing author- from McPherson, Kans., to points in the lty- H a hearing is deemed necessary, United States, except Alaska and plication may result in an unrestricted applicant requests it be held at Kansas grant of authority. The purpose of this City, Mo. Hawaii; and (2) from Waco, Tex., to points in Florida, Georgia, Alabama, republication is to include the words “in No. MC 108341 (Sub-No. 23), filed Mississippi, Louisiana, Tennessee, Ar bulk” which were erroneously omitted in October 2, 1969. Applicant: MOSS kansas, Oklahoma, Kansas, Colorado, the previous publication. If a hearing is FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17190 NOTICES deemed necessary, applicant requests it tion to tack and therefore does not iden thereof, to points in Illinois, Indiana, be held at Washington, D.C. tify the points or territories which can Kentucky, Michigan, Ohio, Tennessee, No. MC 110525 (Sub-No. 932), filed be served through tacking. Persons in and Wisconsin; and (2) defective and September 29, 1969. Applicant: CHEMI terested in the tacking possibilities are contaminated shipments of the com CAL LEAMAN TANK LINES, INC., 520 cautioned that failure to oppose the ap modities named above, from points in East Lancaster Avenue, Downington, Pa. plication may result in an unrestricted Illinois, Indiana, Kentucky, Michigan, 19335. Applicant’s representatives: Edwin grant of authority. If a hearing is deemed Ohio, Tennessee, and Wisconsin, to Sey H. van Deusen (same address as appli necessary, applicant requests it be held mour, Ind., and points within 10 miles cant), and Leonard A. Jaskiewicz, Suite at Washington, D.C. thereof. N ote: Applicant states it pro 501, 1730 M Street NW„ Washington, No. MC 112520 (Sub-No. 207), filed poses to tack with other authorities in D.C. 20036. Authority sought to operate September 29, 1969. Applicant: McKEN- MC 112617 and subs 47, 77, 89, 100, and as a common carrier, by motor vehicle, ZIE TANK LINES, INC., New Quincy 250, wherein its operations involve points over irregular routes, transporting: (1) Road, Post Office Box 1200, Tallahassee, in Alabama, Arkansas, Connecticut, Muriatic (hydrochloric) acid, in bulk, Fla. 32302. Applicant’s representative: Delaware, the District of Columbia, in tank vehicles, from Fort Worth, Tex., Sol H. Proctor, 1729 Gulf Life Tower, Florida, Georgia, Illinois, Indiana, Iowa, to- Healdton, Miami, and Lillard Park, Jacksonville, Fla. 32207. Authority Kansas, Kentucky, Louisiana, Maryland, Okla.; and (2) anhydrous hydrogen sought to operate as a common carrier, Massachusetts, Michigan, Minnesota, chloride, in bulk, in shipper-owned by motor vehicle, over irregular routes, Mississippi, Missouri, Nebraska, New trailers, from Fort Worth, Tex., to transporting: Acids, in bulk, in tank Hampshire, New Jersey, New York, North Woodbury, N.J., Emmaus, Pa., and Nitro, vehicle, from points in Crish and Effing Carolina, Ohio, Oklahoma, Pennsylvania, W. Va. N ote: Applicant states that the ham Counties, Ga., to points in Alabama, Rhode Island, South Carolina, Tennes requested authority can be tacked with Arkansas, Connecticut, Delaware, Flor see, Texas, Vermont, Virginia, West its existing authority but indicates that ida, Illinois, Indiana, Iowa, Kansas, Virginia, and Wisconsin. If a hearing is it has no present intention to tack and Kentucky, Louisiana, Maine, Maryland, deemed necessary, applicant requests it therefore does not identify the points or Massachusetts, Michigan, Minnesota, be held at Louisville, Ky. territories which can be served through Mississippi, Missouri, Nebraska, New No. MC 112861 (Sub-No. 96) . filed Sep tacking. Persons interested in the tack Hampshire, New Jersey, New York, North tember 22, 1969. Applicant: TRANS ing possibilities are cautioned that failure Carolina, Ohio, Oklahoma, Pennsylvania, PORT SERVICE CO., a corporation, Post to oppose the application may result in Rhode Island, South Carolina, Tennes Office Box 50272, Chicago, 111. 60650. Ap an unrestricted grant of authority. If a see, Texas, Vermont, Virginia, West Vir plicant’s representative: Robert H. Levy, hearing is deemed necessary, applicant ginia, Wisconsin, and the District of 29 South La Salle Street, Chicago, 111. requests it be held at Houston, Tex. Columbia. N ote: Applicant states that 60603. Authority sought to operate as a No. MC 110525 (Sub-No. 933), filed the requested authority cannot be common carrier, by motor vehicle, over September 29, 1969. Applicant: CHEMI tacked with its existing authority. Com irregular routes, transporting: Fertilizer CAL LEAMAN TANK LINES, INC., 520 mon control may be involved. Applicant and fetilizer materials, in bulk, in tank East Lancaster Avenue, Downingtown, requests it be held at Atlanta, Ga., Jack vehicles, and/or hopper type vehicles, Pa. 19335. Applicant’s representatives: sonville, Fla., or Washington, D.C. from the plantsites of Occidental Chemi Edwin H. van Deusen (same address as No. MC 112582 (Sub-No. 31), filed cal Co. at Kenton and Mount Victory, applicant), and Leonard A. Jaskiewicz, September 6, 1969. Applicant: T. M. Ohio, to points in Indiana. N ote: Appli Suite 501, 1730 M Street NW., Washing ZIMMERMAN COMPANY, a corpora cant states that the requested authority ton, D.C. 20036. Authority sought to tion, Post Office Box 380, Chambersburg, cannot be tacked with its existing au operate as a common carrier, by motor Pa. 17201. Applicant’s representative: thority. If a hearing is deemed neces vehicle’, over irregular routes, transport John M.. Musselman, 400 North Third sary, applicant requests it be held at ing: Acrylonitrile, in bulk, in tank Street, Harrisburg, Pa. 17108. Authority Chicago, HI. vehicles, from Woodstock, Tenn., to sought to. operate as a common No. MC 112822 (Sub-No. 125) (Amend points in Virginia and South Carolina. carrier, by motor vehicle, over ir ment), filed August 25, 1969, published N ote: Applicant states that the requested regular routes, transporting: General in F ederal R egister issue of Septem authority can be tacked with its exist commodities, including classes A and ber 25,1969, amended and republished as ing authority but indicates that it has B explosives (except household goods as amended this issue. Applicant: BRAY no present intention to tack and there defined by the Commission, livestock LINES INCORPORATED, 1401 North fore does not identify the points or and commodities in bulk); (1) from Little, Post Office Box 1191, CUshing, territories which can be served through points in New York, New Jersey, Dela Okla. 74023. Applicant’s representative: tacking. Persons interested in the tack ware, Virginia, Maryland, Ohio, and the Carl L. Wright (same address as appli ing possibilities are cautioned that failure District of Columbia, to Letterkenny cant) . Authority sought to operate as a to oppose the application may result in Army Depot, Franklin County, Pa.; and common carrier, by motor vehicle, over an unrestricted grant of authority. If a (2) between points in Pennsylvania and irregular routes, transporting: Lumber, hearing is deemed necessary, applicant Letterkenny Army Depot, Franklin doors, and millwork, from points in Utah, requests it be held at Washington, D.C. County, Pa. N ote: Applicant states it will to points in Arizona, Arkansas, Califor No. MC 110525 (Sub-No. 934), filed tack at Letterkenny Army Depot, with nia, Colorado, Kansas, Missouri, Nevada, September 29, 1969. Applicant; CHEMI presently held authority in its MC New Mexico, Oklahoma, Texas, and Wy CAL LEAMAN TANK LINES, INC., 520 112582 for service to points in New York, oming. Note: Applicant states no dupli East Lancaster Avenue, Downingtown, New Jersey, Delaware, Virginia, Mary cate authority is being sought. Applicant Pa. 19335. Applicant’s representatives: land, Ohio, and the District of Columbia. further states that the requested author Edwin H. van Deusen (same address as If a hearing is deemed necessary, appli ity cannot be tacked with its existing applicant), and Leonard A. Jaskiewicz, cant requests it be held at Washington, authority. The purpose of this republica Suite 501, 1730 M Street NW., Washing D.C. _ tion is to broaden the commodity de ton, D.C. 20036. Authority sought to op No. MC 112617 (Sub-No. 264), filed scription. If a hearing is deemed erate as a common carrier, by motor September 15, 1969. Applicant: LIQUID necessary, applicant requests it be held vehicle, over irregular routes, transport TRANSPORTERS, INC., Post Office at Salt Lake City, Utah, or Albuquerque, ing: Chemicals, in bulk, in tank vehicles, Box 21395, Lousiville, Ky. 40221. Appli N. Mex. from Delaware, Ohio, to points in Ala cant’s representative: L. A. Jaskiewicz, No. MC 113106 (Sub-No. 32), filed bama, Arkansas (except Fort Smith), 1730 M Street NW., Suite 501, Washing September 26, 1969. Applicant: THE Iowa, Illinois, Minnesota, Missouri, Ten ton, D.C. 20036. Authority sought to BLUE DIAMOND COMPANY, a cor operate as a common carrier, by motor poration, 4401 East Fairmount Avenue, nessee, and Wisconsin. N ote: Applicant vehicle, over irregular routes, transport states that the requested authority can ing: (1) Chemicals and petroleum prod Baltimore, Md. 21224. Applicant’s rep be tacked with its existing authority but ucts, in bulk, in tank vehicles, from Sey resentative: Chester A. Zyblut, 1522 K indicates that it has no present inten- mour, Ind., and points within 10 miles Street NW., Washington, D.C. 20005. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17191 Authority sought to operate as a com No. MC 114552 (Sub-No. 40), filed N ote: Applicant states that the re mon carrier, by motor vehicle, over ir October 2, 1969. Applicant: SENN quested authority cannot be tacked with regular routes, transporting: Glass con TRUCKING COMPANY, a corporation, its existing authority. If a hearing is tainers and closures therefor, and paper Post Office Box 333, Newberry, S.C. 29108. deemed necessary, applicant requests it cartons used in the packaging of glass Applicant’s representative: Frank A. be held at Chicago, 111., or Washington, containers, from South Connellsville, Graham, Jr., 707 Security Federal Bundl D.C. Scottsdale, Youngwood, and the Con ing, Columbia, S.C. 29201. Authority No. MC 115648 (Sub-No. 19), filed Sep nellsville Airport at or near Connells sought to operate as a common car tember 25, 1969. Applicant: LUTHER ville, Pa., to points in Delaware, Mary rier, by motor vehicle, over irregular LOCK, doing business as LUTHER land, the District of Columbia, and those routes, transporting: Lumber, composi LOCK TRUCKING, 705 13th Street, in Virginia on west and north of a line tion board, and plytoood, from points in Wheatland, Wyo. 82201. Applicant’s rep beginning at the Virginia-North Caro Greenwood County, S.C., to points in the resentative: Ward A. White, Post Office lina State line and extending along U.S. United States in and east of North Da Box 568, Cheyenne, Wyo. 82001. Author Highway 29 to junction U.S. Highway 60 kota, South Dakota, Nebraska, Kansas, ity sought to operate as a common car at Amherst, Va., thence east along U.S. Oklahoma, and Texas. Note: Applicant rier, by motor vehicle, over irregular Highway 360 to Reedsville, Va. (except states that the requested authority can routes, transporting: (1) Dry animal points in Accomack and Northampton not be tacked with its existing authority. and poultry feed; and (2) animal and Counties, Va.); and returned shipments If a hearing is deemed necessary, appli poultry feed health aids, in containers, of the above-specified commodities from cant requests it be held at Mobile, Ala., when moving in the same vehicle with the above-described destination terri Atlanta, Ga., or Washington, D.C. dry animal and poultry feed, from Den tory to the above-noted origins. N ote: No. MC 115022 (Sub-No. 18), filed ver, Colo., to points in Laramie, Albany, Applicant states that the requested au September 25, 1969. Applicant: CHAM Carbon, Goshen, Platte, and Weston thority cannot be tacked with its ex BERLAIN MOBILHOME TRANSPORT, Counties, Wyo., and points in Kimball isting authority. If a hearing is deemed INC., 64 East Main Street, Thomaston, County, Nebr. N ote : Applicant states no necessary, applicant requests it be held Conn. 06787. Applicant’s representative: duplicate authority is being sought. Ap at Washington, D.C. Reubin Kaminsky, 342 North Main plicant further states that the requested No. MC 113267 (Sub-No. 220), filed Street, West Hartford, Conn. 06117. Au authority cannot be tacked with its exist September 29, 1969. Applicant: CEN thority sought to operate as a common ing authority. If a hearing is deemed TRAL & SOUTHERN TRUCK LINES, carrier, by motor vehicle, over irregular necessary, applicant requests it be held INC., 312 West Morris Street, Casey- routes, transporting: Buildings, in sec at Cheyenne, Wyo., or Denver, Colo. ville, HI. 62232. Applicant’s representa tions, mounted on wheeled under No. MC 115669 (Sub-No. 106), filed tive: Lawrence A. Fischer (same address carriages, with hitch-ball connectors, October 6, 1969. Applicant: HOWARD as above). Authority sought to operate designed to be drawn by passenger auto N. DAHLSTEN, doing business as DAHL- as a common carrier, by motor vehicle, mobiles, in initial movements, from points STEN TRUCK LINE, Post Office Box 95, over irregular routes, transporting: in New Haven County, Conn., to points Clay Center, Nebr. 68933. Applicant’s Canned and preserved foodstuffs, from in the States of Connecticut, Massachu representative: Donald L. Stem, 630 City Portland, Geneva, and Sunman, Ind., setts, Maine, New Hampshire, New Jer National Bank Building, Omaha, Nebr. to points in Alabama, Iowa, Kansas, sey, New York, Pennsylvania, Rhode Is 68102. Authority sought to operate as a Louisiana, Minnesota, Mississippi, Mis land, and Vermont. N ote: Applicant common carrier, by motor vehicle, over souri, Nebraska, Oklahoma, Tennessee, states that the requested authority can irregular routes, transporting: (1) Ce and Wisconsin. N ote: Applicant states not be tacked with its existing authority. real binders and sealing compounds, that the requested authority cannot be Common control may be involved. If a from McPherson, Kans., to points in tacked with its existing authority. Com hearing is deemed necessary, applicant Arizona, Arkansas, Illinois, Idaho, Iowa, mon control may be involved. If a hear requests it be held at Hartford,. Conn., Kansas, Louisiana, Nebraska, Nevada, ing is deemed necessary, applicant re or New York, N.Y. New Mexico, Utah, and Wisconsin; (2) quests it be held at Indianapolis, Ind., No. MC 115311 (Sub-No. 106), filed flour (other than edible flour, in bulk), or Chicago, HI. September 24, 1969. Applicant: J & M processed grain products (other than No. MC 114273 (Sub-No. 49), filed TRANSPORTATION CO., INC., Post Of flour), and industrial starches, from Mc September 29, 1969. Applicant: CEDAR fice Box 488, Milledgeville, Ga. 31061. Ap Pherson, Kans., to points in Arizona, RAPIDS STEEL TRANSPORTATION, plicant’s representative: Paul M. Daniell, Arkansas, Colorado, Idaho, Hlinois, Iowa, INC., Post Office Box 68, 16th Avenue 1600 First Federal Building, Atlanta, Ga. Kansas, Louisiana, Minnesota, Missouri, SW., Cedar Rapids, Iowa 52406. Appli 30303. Authority sought to operate as a Montana, Nebraska, Nevada, New Mex cant’s representative: Robert E. Kon- common carrier, by motor vehicle, over ico, North Dakota, Oklahoma, South char, Suite 315, Commerce Exchange irregular routes, transporting: Lumber Dakota, Texas, Utah, Wisconsin, and Building, 2720 First Avenue NE., Cedar and flooring, from the plantsite of Bir Wyoming; and (3) processed grain prod Rapids, Iowa 52402. Authority sought to mingham Forest Products, Inc., at Cor ucts (other than edible flour, in bulk), operate as a common carrier, by motor dova, Ala., to points in Alabama, Florida, industrial starches, cereal binders, and vehicle, over irregular routes, transport Georgia, Louisiana, Mississippi, South sealing or binding compounds, from ing: Meats, meat products and meat by Carolina, and Tennessee. N ote: Appli points in Arizona, Arkansas, Colorado, products and articles distributed by meat cant states that the requested authority Idaho, Hlinois, Iowa, Kansas, Louisiana, packinghouses as described in sections cannot be tacked with its existing au Minnesota, Missouri, Montana, Nebras A and C of appendix I to the report in thority. If a hearing is deemed neces ka, Nevada, New Mexico, North Dakota, Descriptions in Motor Carrier Certifi sary, applicant requests it be held at Oklahoma, South Dakota, Texas, Utah, cates, 61 M.C.C. 209 and 766 '(except Washington, D.C., or Atlanta, Ga. Wisconsin, and Wyoming to McPherson, hides and commodities in bulk in tank No. MC 115331 (Sub-No. 277), filed Kans. N ote: Applicant states that the re vehicles), from Clarinda, Postville, and September 29, 1969. Applicant: TRUCK quested authority cannot be tacked with Strom Lake, Iowa, to points in Connecti TRANSPORT INCORPORATED, a cor its existing authority. If a hearing is cut, Delaware, Maine, Maryland, Massa poration, 1931 North Geyer Road; St. deemed necessary, applicant requests it chusetts, New Hampshire, New Jer Louis, Mo. 63131. Applicant’s represent be held at Omaha, Nebr. sey, New York, Pennsylvania, Rhode ative: J. R. Ferris, 230 St. Clair Avenue, No. MC 115826 (Sub-No. 197), filed Island, Vermont, Virginia, West Vir East St. Louis, HI. 62201. Authority September 30, 1969. Applicant: W. J. ginia, and the District of Columbia. sought to operate as a common carrier, DIGBY, INC., 1960 31st Street, Post Of Note: Applicant states that the re by motor vehicle, over irregular routes, fice Box 5088 T.A., Denver, Colo. 80217. quested authority cannot be tacked with transporting: Trailers and trailer chas Applicant’s representative: James F. Digby, Post Office Box 5088 TA.., Denver, its existing authority. Common control sis, except those designed to be drawn Colo. 80217. Authority sought to operate may be involved. If a hearing is deemed by passenger automobiles, from Fort as a common carrier, by motor vehicle, necessary, appplicant requests it be held Madison, Iowa, to points in the United over irregular routes, transporting: Fro at Chicago, HI. States (except Alaska and Hawaii). zen foods and potato products, from FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 No. 204----- 7 17192 NOTICES points in Washington, Oregon, and Idaho near New Albany, Ind., to points in Ala TRANSPORT SERVICE, INC., 181 West to points in Colorado, Nebraska, Iowa, bama, Connecticut, Delaware, Florida, Ramapo Avenue, Mahwah, N.J. 07430. Illinois, and Indiana. N ote: Applicant Georgia, Illinois, Kentucky, Louisiana, Applicant’s representative: Blanton P. states that the requested authority can Maryland, Massachusetts, Michigan, Bergen, 137 East 36th Street, New York, not be tacked with its existing authority. Mississippi, New Hampshire, New Jersey, N.Y. 10016. Authority sought to operate If a hearing is deemed necessary, appli New York, North Carolina, Ohio, Penn as a common carrier, by motor vehicle, cant requests.it be held at Denver, Colo., sylvania, Rhode Island, South Carolina, over irregular routes, transporting: Ba or Boise, Idaho. Tennessee, Vermont, Virginia, West Vir nanas, plantains, -pineapples, and coco No. MC 115840 (Sub-No. 47), filed ginia, Wisconsin, and the District of nuts, in boxes, cartons, and crates, in September 23, 1969. Applicant: COLO Columbia. N ote: Applicant states that straight and mixed shipments, from Wil NIAL FAST FREIGHT LINES, INC., the requested authority cannot be tacked mington, Del., to points in Pennsylvania, 1215 West Bankhead Highway, Birming with its existing authority. If a hearing New York, New Jersey, Connecticut, ham, Ala. 35201. Applicant’s representa is deemed necessary, applicant requests Massachusetts, and Rhode Island. Note: tives: C. E. Wesley (same address as it be held at Louisville, Ky. Applicant states that the requested au applicant’s), and E. Stephen Heisley, No. MC 116254 (Sub-No. 104), filed thority cannot be tacked with its exist 666 11th Street NW., Washington, D.C. September 26, 1969. Applicant: CHEM- ing authority. If a hearing is deemed 20001. Authority sought to operate as a HAULERS, INC., Post Office Drawer M, necessary, applicant requests it be held common carrier, by motor vehicle, over Sheffield, Ala. 35660. Applicant’s repre at Miami, Fla. irregular routes, transporting: Plastic sentative: Walter Harwood, 1822 Park No. MC 119619 (Sub-No. 18), filed Sep pipe, plastic or iron fittings and connec way Towers, Nashville, Term. 37219. tember 29, 1969. Applicant: DISTRIBU tions, valves, hydrants, and gaskets, from Authority sought to operate as a common TORS SERVICE CO., a corporation, 2000 the site of the plant and warehouse facil carrier, by motor vehicle, over irregular West 43d Street, Chicago, HI. 60609. Ap ities of the Pyramid Industries, located routes, transporting: Coke, from Bir plicant’s representative: Arthur J. Piken, at or near Benton, Ark., to points in mingham, Ala., to Mount Pleasant, Tenn., 160-16 Jamaica Avenue, Jamaica, N.Y. Alabama, Arkansas, Florida, Georgia, points in Charleston County, S.C., and 11432. Authority sought to operate as a Kentucky, Louisiana, Mississippi, North points in Polk County, Fla., and coke common carrier, by motor vehicle, over Carolina, Tennessee, South Carolina, and dust, from said points, to Birmingham, irregular routes, transporting: Meats, Texas. Note: Applicant states that the Ala. N ote: Applicant states that the re meat products and byproducts and arti requested authority cannot be tacked quested authority cannot be tacked with cles distributed by meat packinghouse, as with its existing authority. If a hearing its existing authority. If a hearing is described in sections A and C of appendix is deemed necessary, applicant requests deemed necessary, applicant requests it I to the report in Descriptions in Motor it be held at Birmingham, Ala., Memphis, be held at Birmingham, Ala., or Nash Carrier Certificates, 61 M.C.C. 209 and Term., or Little Rock, Ark. ville, Tenn. 766 (except hides and commodities in No. MC 115840 (Sub-No. 48), filed No. MC 116491 (Sub-No. 6), filed Sep bulk, in tank vehicles) from Clarinda, September 24, 1969. Applicant: COLO tember 23, 1969. Applicant: FISHERS Postville, and Storm Lake, Iowa, to points NIAL FAST FREIGHT LINES, INC., AND ARNOLD, INC., Route 5, Box 3, in Connecticut, Delaware, Maine, Mary 1215 West Bankhead Highway, Post Falmouth, Ky. 41040. Applicant’s repre land, Massachusetts, New Hampshire, Office Box 2169, Birmingham, Ala. 35201. sentative: Robert H. Kinker, 711 McClure New Jersey, New York, Pennsylvania, Applicant’s representatives: C. E. Wesley Building, Frankfort, Ky. 40601. Author Rhode Island, Vermont, Virginia, West (same address as applicant), and E. ity sought to operate as a common car Virginia, and the District of Columbia. Stephen Heisley, 666 11th Street NW., rier by motor vehicle, over irregular N ote : Applicant states that the re Washington, D.C. 20001. Authority routes, transporting:. Burnt lime, in quested authority cannot be tacked with sought to operate as a common carrier, bulk, in dump or self unloading type its existing authority. If a hearing is by motor vehicle, over irregular routes, vehicles, from Camtown, Ky., to Middle- deemed necessary, applicant requests it transporting: (1) Cast iron valves, in town, Ohio, and Ashland, Ely. N ote: be held at Detroit, Mich., or Chicago, HI. cluding brass valves or components; and Applicant states that the requested au No. MC 119656 (Sub-No. 5), filed *(2) fire hydrants, in straight or mixed thority cannot be tacked with its exist October 3, 1969. Applicant: NORTH truckload shipments, from Birmingham, ing authority. If a hearing is deemed EXPRESS, INC., 219 East Main Street, Ala., to points in Florida, Georgia, Ten necessary, applicant requests it be held Winamac, Ind. 46996. Applicant’s repre nessee, Mississippi, Arkansas, Oklahoma, at Cincinnati, Ohio. sentative: Walter F. Jones, Jr., 601 Louisiana, and Texas. N ote: Applicant No. MC 118158 (Sub-No. 3), hied Sep Chamber of Commerce Building, Indian states under its lead certificate, Subs 8 tember 29, 1969. Applicant: LOU’S apolis, Ind. 46204. Authority sought to and 19, it holds authority to transport TRANSFER & STORAGE CO., INC., 19 operate as a common carrier, by motor iron and steel mill products or iron and East Camden Street, Baltimore, Md. vehicle, over irregular routes, transport steel articles, from .Birmingham, Ala., to 21202. Applicant’s representative: Charles ing: (1) Refractory products, shapes or points in Florida, Georgia, Tennessee, E. Creager, Suite 1609, 11215 Oak Leaf forms, from North Judson, Ind., to Gads Mississippi, Arkansas, and Oklahoma. It Drive, Silver Spring, Md. 20901. Au den, Ala.; and (2) steel, from Gadsden, has pending an application already here thority sought to operate as a common Ala., to North Judson, Ind., and Morton under Sub 36 on iron and steel articles carrier, by motor vehicle, over irregular Grove, HI. N ote: Applicant states that from points in Alabama, on and north of routes, transporting: (1) Bananas, plan the requested authority cannot be tacked U.S. Highway 80, to points in Texas, and tains, pineapples, and coconuts; and (2) with its existing authority. If a hearing Louisiana west of the Mississippi River. agricultural commodities, in mixed ship is deemed necessary, applicant requests N ote: Applicant further states that the ments, the transportation of which is it be held at Chicago, HI., or Indian requested authority cannot be tacked partially exempt from economic regula apolis, Ind. with its existing authority. If a hearing tions under section 203(b) (6) of the Act No. MC 119767 (Sub-No. 226), filed is deemed necessary, applicant requests when transported in mixed shipments October 6, 1969. Applicant: BEAVER it be held at Birmingham, Ala. with (1) above, from Wilmington, Del., TRANSPORT CO., a corporation, 100 No. MC 116014 (Sub-No. 49), filed Oc to points in Maryland, New York, New South Calumet Street, Burlington, Wis. tober 1, 1969. Applicant: OLIVER Jersey, Pennsylvania, Virginia, West Vir 53105. Applicant’s representative: A. TRUCKING COMPANY, INC., Post ginia, Delaware, Ohio, and the District Bryant Torhorst (same address as ap Office Box 53, Winchester, Ky. 40391. of Columbia. N ote : Applicant states that plicant). Authority sought to operate Applicant’s representative: Louis J. the requested authority cannot be tacked as a common carrier, by motor vehi Amato, Post Office Box E, Bowling with its existing authority. If a hearing cle, over irregular routes, transporting: Green, Ky. 42101. Authority sought is deemed necessary, applicant requests Foodstuff, (1) from Champaign, HI., to to operate as a common carrier, it be held at Miami, Fla., and continued points in Indiana, Michigan, Ohio, Ken by motor vehicle, over irregular routes, at Baltimore, Md. tucky, and Sharon, Pa.; and (2) from transporting: Plywood, from the plant- No. MC 118270 (Sub-No. 3), filed Sep Chicago, HI., to points in Ohio, all re site of General Plywood Corp., at or tember 26, 1969. Applicant: PRODUCE stricted to traffic originating at the FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17193 plantsites or warehouse facilities of above), and Paul C. Gartzke, 121 West No. MC 123490 (Sub-No. 14), filed Kraftco. N ote: Applicant states that the Doty Street, Madison, Wis. 53703. Au September 8, 1969. Applicant: CHIP requested authority cannot be tacked thority sought to operate as a common CARRIERS, INC., 927 32d Avenue, with its existing authority. If a hearing carrier, by motor vehicle, over irregular Council Bluffs, Iowa 51501. Applicant’s is deemed necessary, applicant requests routes, transporting; (1) Snowmobiles representative: Einar Viren, 904 City it be held at Chicago, 111. and all-terrain vehicles; (2) attach National Bank Building, Omaha, Nebr. No. MC 119934 (Sub-No. 158), filed ments and, accessories for the commodi 68102. Authority sought to operate as a September 15, 1969. Applicant: ECOFF ties in (1) above; (3) parts of the com contract carrier, by motor vehicle, over TRUCKING, INC., 625 East Broadway, modities named in (1) and (2) above, irregular routes, transporting: Chips, Fortville, Ind. 46040. Applicant’s repre from the ports of entry on the United twists, or puffs; potato chips; fried pork sentative: Robert C. Smith, 620 Illinois States-Canada boundary line in the skins; fried potatoes (other than potato Building, Indianapolis, Ind. 46204. Au States of Michigan, New York, Vermont, chips); bakery goods (other than thority sought to operate as a common New Hampshire, and Maine, to points frozen); popped corn (other than carrier, by motor vehicle, over irregular in the United States (except Hawaii). popped com confectionery); sugar or routes, transporting: Corn products, dry, Note: Applicant states that the re-, syrup-coated popped com (other than in in bulk, from Indianapolis, Ind., to points quested authority can be tacked with its balls or pressed form ); dry nut meats; in West Virginia. N ote: Applicant states existing authority but indicates, that it shelled and salted peanuts; prepared that the requested authority cannot be has no present intention to tack and food; pumpkin seed; roasted sunflower tacked with its existing authority. Com therefore does not identify the points or seeds; imprinted advertising, packaging, mon control may be involved. Applicant territories which can be served through, and display materials; wire or wire and holds contract authority under MC tacking. Persons interested in the tack sheet metal combined store display 128161, therefore, dual operations may ing possibilities are cautioned that fail racks and stands; cooked, cured, or pre be involved. If a hearing is deemed nec ure to oppose the application may result served sausages; cooked, cured, or pre essary, applicant requests it be held at in an unrestricted grant of authority. served meats; food dip mixes, dry; and .Indianapolis. Ind. If a hearing is deemed necessary, appli bean dip, between the plants and ware No. MC i20800 (Sub-No. 20), filed cant requests it be held at Detroit, Mich., houses of Frito-Lay, Inc., located at October 3, 1969. Applicant: CAPITOL or Chicago, HI. Council Bluffs and Ottumwa, Iowa; TRUCK LINE, INC., 2500 North Alameda No. MC 123111 (Sub-No. 6) (Amend Topeka, Kans.; St. Louis and Kansas Street, Compton, Calif. 90222. Applicant’s ment) , filed August 22,1969, published in City, Mo.; Chicago and River Grove, 111.; representative: WarrenN. Grossman, 825 the F ederal R egister issue of Septem Rhinelander, Madison, and Monroe, City National Bank Building, 606 South ber 25,1969, and republished as amended Wis.; Grand Forks, N. Dak.; Denver, Olive Street, Los Angeles, Calif. 90014. this issue. Applicant: QUEENS WAY Colo.; and Minneapolis, Minn.; on the Authority sought to operate as a com TANK LINES LIMITED, a corporation, one hand, and, on the other, points in mon carrier, by motor vehicle, over ir Queensway Road, Chesterville, Ontario, North Dakota, Minnnesota, Wisconsin, regular routes, transporting: Liquid Canada. Applicant’s representative: S. and Illinois, under a continuing con methane, in bulk, in tank vehicles, be Harrison Kahn, Suite 733, Investment tract with Frito-Lay, Inc., of Dallas, Tex. tween Ontario, Calif., and Sandusky, Building, Washington, D.C. 20005. Au N ote: If a hearing is deemed necessary, Ohio. N ote: Applicant states that the thority sought to operate as a common applicant requests it be held at Omaha, requested authority cannot be tacked carrier, by motor vehicle, over irregular Nebr., or Dallas, Tex. with its existing authority. If a hearing routes, transporting: Fwe&ott and kero No. MC 125140 (Sub-No. 9), filed Sep is deemed necessary, applicant requests sene, in bulk, in tank vehicles, from ports tember 29, 1969. Applicant: RICHARD B. it be held at Los Angeles, Calif. of entry on the international boundary BRUNZLICK, Augusta, Wis. 54722. Ap No. Mb 121499 (Sub-No. 3), filed line between the United States and plicant’s representative: A. R. Fowler, September 9,1969. Applicant: WILLIAM Canada located in New York and Ver 2288 University Avenue, St. Paul, Minn. HAYES LINES, INC., Hartman Drive, mont, on the one hand, and, on the ‘55114. Authority sought to operate as a Post Office Box 610, Lebanon, Tenn. other, points in New York and Vermont. contract carrier, by motor vehicle, over 37087. Applicant’s representative: Wil N ote: Applicant states that the re irregular routes, transporting: (1) Dairy liam Hayes (same address as applicant). quested authority cannot be tacked with products and fruit juices, from Whitehall Authority sought to operate as a com its existing authority. The purpose of and Chippewa Falls, Wis., to points in mon carrier, by motor vehicle, over regu this republication is to reflect the des that part of Minnesota bounded by a lar routes, transporting: General com tination States as Vermont and New line beginning at Wabasha, Minn., and modities, except those of unusual value, York. If a hearing is deemed necessary, extending along Minnesota Highway 60 household goods as defined by the Com applicant requests it beheld at Syracuse, to junction U.S. Highway 65, thence mission in 17 M.C.C. 467, commodities in Albany, or New York, N.Y. along U.S. Highway 65 southward to the bulk, and commodities requiring special No. MC 123294 (Sub-No. 17), filed Iowa-Minnesota State line, thence along equipment, between Lebanon, Tenn., and September 15, 1969. Applicant: WAR the Iowa-Minnesota State line eastward Atlanta, Ga.; (a) from Lebanon over SAW TRUCKING CO., INC., 1102 West to the Mississippi River, thence north U.S. Highway 23 IS to Murfreesboro, Winona Street, Warsaw, Ind. 46580. Ap ward along the Mississippi River to Tenn., thence over U.S, Highway 41 to plicant’s representative: Robert C. Wabasha, Minn., the point of beginning, Atlanta, and return over the same route; Smith, 620 Illinois Building, Indianap including points on the highways indi and (b) from Murfreesboro over Inter olis, Ind. 46204. Authority sought to op cated; and (2) returned shipments of state Highway 24 to Chattanooga, thence erate as a common carrier, by motor such commodities, from points in the over Interstate Highway 75 to Atlanta vehicle, over irregular routes, transport above-described territory in Minnesota, and return over the same route, serving ing: Mineral wool (rock, slag, or glass), to Whitehall and Chippewa Falls, Wis., Murfreesboro for joinder only. Restric and products thereof, from the plantsite under contract with Land O’Lakes tion ? Restricted against the handling and facilities of United States Gypsum Creameries, Inc. N ote: If a hearing is of traffic which originates at, is destined Co. at or near Wabash, Ind., to points in deemed necessary, applicant requests it to, or is interchanged at Nashville, Tenn., Alabama, Arkansas, Florida, Georgia, be held at Minneapolis, Minn. and points in its commercial zone. N ote: Iowa, Kansas, Louisiana, Minnesota, No. MC 125391 (Sub-No. 2), filed Sep If a hearing is deemed necessary, appli Mississippi, Missouri, Nebraska, North tember 26, 1969. Applicant: JOHN cant requests it be held at Nashville, Carolina, North Dakota, Oklahoma, KAWALEK, SHIRLEY KAWALEK, Tenn. South Carolina, South Dakota, Tennes AND DAVID KAWALEK, a partnership, No. MC 123048 (Sub-No. 163), filed see, Texas, and Wisconsin. N ote: Appli doing business as KAWALEK TRUCK September 9, 1969. Applicant: DIA cant states that the requested authority ING, Route 1, Mora, Minn. 55051. Appli MOND TRANSPORTATION SYSTEM, cannot be tacked with its existing au cant’s representative: Val M. Higgins, INC., 1919 Hamilton Avenue, Racine, thority. If a hearing is deemed necessary, 1000 First National Bank Building, Wis. 53401. Applicant’s representatives: applicant requests it be held at Chicago, Minneapolis, Minn. 55402. Authority Paul L. Martinson (same address as 111., or Indianapolis, Ind. sought to operate as a common carrier, FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17194 NOTICES by motor vehicle, over irregular routes, which it could presently feasibly tack routes, transporting: Incinerators and transporting: Alfalfa meal and alfalfa but has similar authority pending in its parts and accessories used in the in pellets, from Grasston, Minn., to points Sub-No. 111. If a hearing is deemed stallation thereof, from Columbia, S.C., in Wisconsin on and north of U.S. High necessary, applicant requests it be held to points in the United States (except way 10, and on and west of U.S. Highway at Washington, D.C. Alaska and Hawaii). Note: Applicant 51, and Wausau, Wis. N ote: If a hearing No. MC 126222 (Sub-No. 10), filed states that the requested authority can is deemed necessary, applicant requests October 6, 1969. Applicant: JOSEPH A. not be tacked with its existing authority. it be held at Minneapolis, Minn. SIEFERT AND JOSEPH J. SIEPERT, a This republication is for the purpose of No. MC 125497 (Sub-No. 9), filed Sep partnership, Post Office Box 310, Du showing Columbia, S.C., as the point of tember 29,1969. Applicant : L. WOODS & Quoin, HI. 62832. Applicant’s representa origin. If a hearing is deemed necessary, SON TRANSPORT LIMITED, a corpora tive: Ernest A. Brooks II, 1301 Ambas applicant requests it be held at Nash tion, 5005 Irwin Avenue, La Salle, Que sador Building, St. Louis, Mo. 63101. Au ville, Tenn. bec, Canada. Applicant’s representative: thority sought to operate as a contract No. MC 127844 (Sub-No. 6), filed S. Harrison Kahn, Suite 733, Investment carrier, by motor vehicle, over irregular September 16, 1969. Applicant: L. B. Building, Washington, D.C. 20005. Au routes, transporting: Bar stools, from BARNHILL AND I. S. JOHNSON, JR., thority sought to operate as a common the plantsite of Turco Manufacturing a partnership, doing business as B & J carrier, by motor vehicle, over irregular Co., at Du Quoin, HI., to points in the TRANSPORTATION, Rural Delivery routes, transporting: Prestressed and United States (except Alaska and No. 2, Box 162, Mullins, S.C. 29574. Ap precast concrete panels and structural Hawaii), under contract with Turco plicant’s representative: Henry P. Wil- members, from ports of entry along the Manufacturing Co. N ote: If a hearing is limon, Post Office Box 1075, Greenville, international boundary line between deemed necessary, applicant requests it S.C. 29602. Authority .sought to operate Canada and the United States at Coburn be held at St. Louis, Mo., or Springfield, as a common carrier, by motor vehicle, and Core, Maine; Norton, Derby Line, HI. over irregular routes, transporting: (1) and Highgate Springs, Vt.; and Rouses No. MC 127122 (Sub-No. 3), filed Sep Vegetable shipping baskets; (a) from Point, Champlain, and Trout River, N.Y., tember 22, 1969. Applicant: JOE MOSS, Yemessee, S.C., to points in Louisiana, to points in Maine, New Hampshire, Ver doing business as SIMPSONVTLLE and points east of the Mississippi River; mont, New York, Connecticut, Massa GARAGE WRECKER SERVICE, Box 66, (b) from Akron, Ohio, to points in chusetts, and Rhode Island. N ote: Ap Simpsonville, Ky. 40067. Applicant’s rep South Carolina; and (2) new furniture; plicant . states that the requested resentative: Robert M. Pearce, Post Of (a) from points in Jasper County, S.C., authority cannot be tacked with its exist fice Box E, Bowling Green, Ky. 42101. to points in Louisiana, and points east of ing authority. If a hearing is deemed Authority sought to operate as a common the Mississippi River; and (b) from necessary, applicant requests it be held carrier, by motor vehicle, over irregular points in Hall County, Ga., to points in at Plattsburgh, N.Y. routes, transporting: (1) Wrecked, dis Alabama, Georgia, Florida, Kentucky, No. MC 125708 (Sub-No. 119), filed abled, and repossessed motor vehicles; Mississippi, North Carolina, South Caro September 25, 1969. Applicant: HUGH (2) wrecked or disabled trailers, designed lina, and Tennessee. N ote: Applicant MAJOR, 150 Sinclair Avenue, South to be drawn by passenger automobiles; states that the requested authority can Roxana, HI. 62087. Authority sought to and (3) replacement vehicles and parts not be tacked with its existing authority. operate as a common carrier, by motor therefor, by use of wrecker equipment If a hearing is deemed necessary, appli vehicle, over irregular routes, transport only, between points in Kentucky on and cant requests it be held at Columbia, ing: (1) Containers, paper and paper west of U.S. Highway 23 and points in s c products, from points in Clinton, Jeffer Alaska, Arizona, California, Colorado, No. MC 128095 (Sub-No. 5), filed son, Marion, and Washington Counties, Idaho, Montana, Nevada, New Mexico, October 2, 1969. Applicant:—PARKER 111., to points in the United States (except Oregon, Utah, Washington, and Wyo TRUCK LINE, INC., Westmoreland Alaska and Hawaii); and (2) containers, ming. N ote: Applicant states it will tack Drive, Box 1402, Tupelo, Miss. 38801. paper and paper products, and such ma with its existing authority in MC 127122 Applicant’s representative: Donald B. terials as are used in the manufacture of and Sub-No. 1. If a hearing is deemed Morrison, 717 Deposit Guaranty Na containers, paper, and paper products, necessary, applicant requests it be held tional Bank Building, Post Office Box from points in the United States (ex at Louisville, Ky, 22628, Jackson, Miss. 39205. Authority cept Alaska and Hawaii), to points in No. MC 127699 (Sub-No. 3), filed Sep sought to operate as a common carrier, Clinton, Jefferson, Marion, and Wash tember 17, 1969. Applicant: t.f e by motor vehicle, over irregular routes, ington Counties, 111. N ote: Applicant CARTAGE COMPANY, a corporation, transporting: New furniture, from Sen- states that the requested authority can 2026 Cleveland Avenue SW., Canton, atobia, Miss., to points in Alabama, Ar be tacked with its existing authority but Ohio 44707. Applicant’s representative: kansas, Connecticut, Delaware, Florida, indicates that it has no present intention Richard H. Brandon, 79 East State Georgia, Hlinois, Indiana, Iowa, Kansas, to tack and therefore does not identify Street, Columbus, Ohio 43215. Authority Kentucky, Louisiana, Maine, Maryland, the points or territories which can be sought to operate as a contract carrier, Massachusetts, Michigan, Minnesota, served through tacking. Persons inter by motor vehicle, over irregular routes, Mississippi, Missouri, Nebraska, New ested in the tacking possibilities are transporting: Component parts for steel Hampshire, New Jersey, New York, North cautioned that failure to oppose the ap buildings, from Canton, Ohio, to points Carolina, North Dakota, Ohio, Okla plication may result in an unrestricted in Indiana, those in Crawford, Erie, Mer homa, Pennsylvania, Rhode Island, grant of authority. If a hearing is deemed cer, and Venango Counties, Pa., and that South Carolina, South Dakota, Tennes necessary, applicant requests it be held part of Michigan on and south of Michi see, Texas, Vermont, Virginia, West Vir at Washington, D.C. gan Highway 46; under contract with ginia, Wisconsin, and the District of No. MC 125708 (Sub-No. 120), filed Macomber, Inc., Canton, Ohio. N ote: Columbia. N ote: Applicant states that September 29, 1969. Applicant: HUGH If a hearing is deemed necessary, appli the requested authority cannot be MAJOR, 150 Sinclair Avenue, South cant requests it be held at Columbia, tacked with its existing authority. If a Roxana, HI. 62087. Authority sought to Ohio, or Washington, D.C. . hearing is deemed necessary, applicant operate as a common carrier, by motor No. MC 127834 (Sub-No. 38) (Correc requests it be held at Jackson, Miss., or vehicle, over irregular routes, transport tion) , filed August 14, 1969, published in Memphis, Tenn. ing: (1) Plastic and fiberglass products, No. MC 128375 (Sub-No. 34), filed from points in Alexander County, HI., to the F ederal R egister issue of Septem ber 5, 1969, and republished this issue. September 29, 1969. Applicant: CRETE points in the United States (except Applicant: CHEROKEE HAULING & CARRIER CORPORATION, Post Office Alaska and Hawaii); and (2) materials Box 249, Crete, Nebr. 68333. Applicant’s and supplies, such as is handled in whole RIGGING, INC., 540-42 Merritt Avenue, Nashville, Tenn. 32703. Applicant’s repre representative: Richard A. Peterson, 521 sale and retail stores and discount South 14th Street, Post Office Box 806, houses, from points in the United States sentative: Robert M. Pearce, Post Office Lincoln, Nebr. 68501. Authority sought (except Alaska and Hawaii) to points Box E, Bowling Green, Ky. 42101. Au to operate as a contract carrier, by mo in Alexander County, HI. N ote: Appli thority sought to operate as a common tor vehicle, over irregular routes, trans cant states it holds no authority with carrier, by motor vehicle, over irregular porting: Air handling units, makeup ctr FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17195 systems, heating and ventilating units, way 30 and U.S. Highway 30N, thence A and C of appendix I to the report in gas unit heaters, and cooling and heat east on U.S. Highway 30N to the junction Descriptions in Motor Carrier Certifi ing systems, and equipment, materials, of U.S. Highway 30N and Ohio Highway cates, 61 M.C.C. 209 and 766, from Huron, and supplies used in the manufacture 4 thence north on Ohio Highway 4 to S. Dak., to points in Connecticut, Dela thereof; between Hastings, Nebr., on the Sandusky, Ohio, on the one hand, and, ware, Kentucky, Maine, Maryland, Mas one hand, and, on the other, points in on the other, points in Illinois, Indiana, sachusetts, New Hampshire, New Jersey, Alabama, Arizona, Arkansas, California, Michigan, and Pennsylvania. N ote: Ap New York, Ohio, Pennsylvania, Rhode Colorado, Connecticut, Georgia, Illinois, plicant states that the requested author Island, Vermont, Virginia, West Virginia, Indiana, Iowa, Kansas, Kentucky, Loui ity cannot be tacked with its existing and the District of Columbia. N ote : Ap siana, Maryland, Michigan, Minnesota, authority. If a hearing it deemed neces plicant states it does not intend to tack. Mississippi, Missouri, New Jersey, New sary, applicant requests it be held at Applicant holds contract carrier author York, Ohio, Oregon, Pennsylvania, Ten Columbus, Ohio. ity under Docket No. MC 76025 and Subs, nessee, Texas, Virginia, and Wisconsin, No. MC 133646 (Sub-No. 2), filed Sep therefore, dual operations may be in under contract with Dravo Corp. N ote: tember 22, 1969. Applicant: YELLOW volved. If a hearing is deemed necessary, If a hearing is deemed necessary, appli STONE MOLASSES SERVICE, INC., applicant requests it be held at Wash cant requests it be held at Omaha or Post Office Box 404, Billings, Mont. 59103. ington, D.C., Minneapolis, Minn., or Chi Lincoln, Nebr. Applicant’s representative: J. F. Meglen, cago, 111. No. MC 133399 (Sub-No. 1), filed Sep Post Office Box 1581, Billings, Mont. No. MC 133751 (Sub-No. 2), filed Sep tember 18, 1969. Applicant: IOWA 59103. Authority sought to operate as a tember 19, 1969. Applicant: RENO- GATEWAY, INC., doing business as common carrier, by motor vehicle, over LO YATON-CALPINE STAGE LINES, IOWA GATEWAY TERMINAL, a corpo irregular routes, transporting: Molasses, INC., Post Office Box 367, Loyalton, ration, River Road, Keokuk, Iowa 52632. in bulk, in tank vehicles, between Sidney, Calif. 96118. Applicant’s representative: Applicant’s representative: A. Arthur Billings, and Hardin, Mont., and Lovell, Marshall B. Berol, 100 Bush Street, San Davis, 400 Empire Building, Des Moines, Worland, and Torrington, Wyo. N ote: Francisco, Calif. 94104. Authority sought Iowa 50309. Authority sought to operate Applicant states it does not intend to to operate as a common carrier, by motor as a contract carrier, by motor vehicle, tack. If a hearing is deemed necessary, vehicle, over regular routes, transport over irregular routes, transporting: Salt, applicant requests it be held at Billings, ing: General commodities (except classes between points in Iowa, Illinois, and Mis Mont. A and B explosives, articles of unusual souri, under contract with Diamond No. MC 133681 (Amendment), filed value, commodities in bulk, commodities Crystal Salt Co. N ote: If a hearing is April 21, 1969, published in F ederal requiring special handling or special deemed necessary, applicant requests it R egister issues of May 15, 1969, and equipment, and used household goods as be held at Des Moines, Iowa. July 3,1969, and republished as amended defined by the Commission); restricted No. MC 133453 (Sub-No. 3), filed Sep this issue. Applicant: BIG CHET & SONS against the transportation of packages or tember 8, 1969. Applicant: M. MILE TRUCKING, INC., 203 Diamond Street, articles weighing in the aggregate more STONE, INC., Delaware Avenue and Brooklyn, N.Y. 11232. Applicant’s repre than 5,000 pounds from one consignor Jackson Street, Philadelphia, Pa. 19105. sentative^ Arthur J. Piken, 160-16 to one consignee on any one day; be Applicant’s representative: Leonard A. Jamaica Avenue, Jamaica, N.Y. 11432. tween Reno, Nev., and Downievilje, Calif., Jaskiewicz, 1730 M Street NW., Suite 501, Authority sought to operate as a contract from Reno over U.S. Highway 395 to Washington, D.C. 20036. Authority carrier, by motor vehicle, over irregular Hallelujah Junction, Calif., thence over sought to operate as a contract carrier, routes, transporting: (1) Toilet prepara California Highway 70 to Vinton, thence by motor vehicle, over irregular routes, tions, soaps, lotions, perfumes, creams, over California Highway 49 to Downie- transporting: Nonalcoholic beverages, in powders, materials, and supplies used in ville, and return over the same route, containers; (a) between Philadelphia, the preparation of the aforesaid com serving all intermediate points, and serv Pa.; Baltimore, Md.; Bound Brook, N.J.; modities between points in 'the New ing the off-route point of Calpine, Calif. and Linden, N.J.; and (b) from Phila York, N.Y., commercial zone as defined N ote: If a hearing is deemed necessary, delphia, Pa., to Carlstadt and Elizabeth, by the Commission in Fifth Supplemen applicant requests it be held at Reno, N.J.; Parmingdale, Jamaica, Mount tal Report in Commercial Zones and Nev., or San Francisco, Calif. Kisco, Newburgh, and Rochester, N.Y.; Terminal Areas, 53 M.C.C. 451, within No. MC 133934 (Sub-No. 2), filed Sep Norfolk and Richmond, Va.; and Norton which local operations may be conducted tember 29, 1969. Applicant: V. A. HILLS, and Worcester, Mass.; under contract under the exempt provisions provided doing business as HILLS CONSTRUC with Boulevard Beverage Co. N ote: If a by section 203(b) (8) of the Act (exempt TION COMPANY, Mankato, Kans. 66956. hearing is deemed necessary, applicant zone) on the one hand, and, on the other, Applicant’s representative: Clyde N. requests it be held at Philadelphia, Pa. points in Bergen, Essex, Union, Hudson, Christey, 641 Harrison Street, Topeka, No. MC 133596 (Sub-No. 3), filed Sep and Monmouth Counties, N.J.; and (2) Kans. 66603. Authority sought to operate tember 17, 1969. Applicant: LAWRENCE returned and rejected shipments, on re as a common carrier, by motor vehicle, M. FAIRALL, doing business as turn, under contract with Sacoma Cos- over irregular routes, transporting: WHITEY’S AUTOMOTIVE SERVICE, metiques, LCR Sales Service, B. H. Kru Meats, meat products, and meat byprod 215 Ohio Avenue, Fremont, Ohio 43420. ger, Inc., and Vitabath, Inc. N ote: The ucts, dairy products, and articles distrib Applicant’s representative: Lewis S. purpose of this republication is to show uted by meat packinghouses, as defined Witherspoon, 85 East Gay Street, Co Bergen and Essex as counties in New in sections A, B, and C of appendix I, lumbus, Ohio 43215. Authority sought to Jersey and add Union County as an addi Description in Motor Carrier Certificates, operate as a common carrier, by motor tional county as part of base territory. 61 M.C.C. 209 and 766, from the plant- vehicle, over irregular routes, transport If a hearing is deemed necessary, appli site and/or storage facilities of Downs ing: (1) Wrecked, disabled, and repos cant requests it be held at New York, Packing, Inc., at or near Downs, Kans., sessed.motor vehicles, trailers, and buses N.Y. to the TOFC facilities of Chicago Rock (except trailers designed to be drawn by No. MC 133689 (Sub-No. 1), filed Sep Island and Pacific Railroad Co., at or passenger automobiles); and (2) re tember 22, 1969. Applicant: OVERLAND near Mankato, Kans.; restricted to traffic placement vehicles for wrecked or dis EXPRESS, INC., 651 First Street SW., having a subsequent rail movement. abled motor vehicles and trailers (except New Brighton, Minn. 55112. Applicant’s N ote: If a hearing is deemed necessary, trailers designed to be drawn by pas representatives: James F. Sexton (same applicant ^requests it be held at Kansas senger automobiles), by use of wrecker address as applicant), and Charles W. City, Kans. equipment only, between, that portion Singer, 33 North Dearborn Street, Chi No. MC 133973 (Sub-No. 1), filed Sep of Ohio north and west of a line begin cago, 111. 60602. Authority sought to op tember 16, 1969. Applicant: HUNTING- ning at the Ohio-Indiana State line and erate as a common carrier, by motor TON MOVING & STORAGE COMPANY, extending east on U.S. Highway 224 to vehicle, over irregular routes, transport a corporation, 1102 Vernon Street, Hunt the junction of U.S. Highway 224 and ing: Meat, meat products, meat byprod ington, W. Va. 25719. Applicant’s repre U.S. Highway 30, thence east on U.S. ucts, and articles distributed by meat sentative: Alan F. Wohlstetter, 1 Farra- Highway 30 to the junction of U.S. High packinghouses, as described in sections gut Square South, Washington, D.C. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17196 NOTICES 20006. Authority sought to operate as a Albuquerque, N. Mex. 87101, and Jerry cessories used in the installation thereof, common carrier, by motor vehicle, over R. Murphy, 708 La Veta Drive NE., from the plantsite of Silvray-Litecraft irregular routes, transporting: Used Aubuquerque, N. Mex. 87108. Authority Corp. in Passaic, N.J. to points in Vir household goods, between points in sought to operate as a contract carrier, ginia, District of Columbia, Maryland, Barbour, Boone, Braxton, Oabell, Cal by motor vehicle, over irregular routes, Delaware, Pennsylvania, New York, houn, Clay, Doddridge, Payette, Gilmer, transporting: Asphalt, asphalt products, Connecticut, Rhode Island, Massachu Grant, Greenbrier, Hampshire, Hardy, road emulsions, in bulk; asphalt, and setts, and New Hampshire; and (2) com Harrison, Jackson, Kanawha, Lewis, Lin asphalt products in containers and in modities used in the manufacture of the coln, Logan, McDowell, Mason, Mercer, fiber cartons; (1) from Albuquerque, above-described articles (except in Mineral, Mingo, Monroe, Nicholas, Pen N. Mex., to Grand Canyon, Ariz., and bulk), from the above-described desti dleton, Pleasants, Pocahontas, Putnam, points in Arizona on and east of a line nation territory to the plantsite of Raleigh, Randolph, Ritchie, Roane, beginning at the point where the Ari- Silvray-Litecraft Corp. in Passaic, N.J., Summers, Taylor, Tucker, Tyler, Upshur, zona-Utah State line is crossed by U.S. under contract with Silvray-Litecraft Wayne, Webster, Wirt, Wood, and Wy Highway 89 (near Page, Ariz.), thence Corp. Note: If a hearing is deemed nec oming Counties, W. Va.; Gallia, Jackson, along U.S. Highway 89 to junction U.S. essary, applicant requests it be held at Lawrence, Meigs, Pike, Scioto, Vinton, Highway 164, thence along U.S. Highway New York, N.Y. and Adams Counties, Ohio; and Boyd, 164 to junction Arizona Highway 264 (at No. MC 134055, filed September 18, Carter, Elliott, Flemming, Floyd, or near Tuba City, Ariz.), thence along 1969. Applicant: TRANSLAND TRANS Greenup, Johnson, Lawrence, Lewis, Ma Arizona Highway 264 to junction Ari PORT (1968), INC., 205 Milton Avenue, goffin, Martin, Mason, Morgan, Pike, and zona Highway 77 (at or near Jeddito, Ville St. Pierre, Quebec, Canada. Appli Rowan Counties, Ky.; restricted to the Ariz.), thence along Arizona Highway cant’s representative: Frank J. Weiner, transportation of traffic having a prior 77 to junction U.S. Highway 66 (Inter Investors Building, 536 Granite Street, or subsequent movement, in containers, state Highway 40), thence along U.S. Braintree, Mass. 02184. Authority sought and further restricted to the perform Highway 66 (Interstate Highway 40) to to operate as a contract carrier, by motor ance of pickup and delivery service in junction U.S. Highway 180 (at or near vehicle, over irregular routes, transport connection with packing, crating, and Holbrook, Ariz.), thence along U.S. ing: Empty steel drums, pails, and parts containerization, or unpacking, uncrat Highway 180 to junction U.S. Highway therefor, between ports of entry on the ing, and decontainerization of such traf 60 (at or near Springerville, Ariz.), and international boundary line between the fic. N ote: Applicant states that the thence along U.S. Highway 60 to the United States and Canada at or near requested authority cannot be tacked Arizona-New Mexico State line; and, (2) Highgate Spring, Norton Mills, and with its existing authority. If a hearing is from Albuquerque, N. Mex., to points in Derby Line, Vt., and Rouses Point, N.Y., deemed necessary, applicant requests it Colorado on and south of a line begin on the one hand, and, on the other, Bos be held at Huntington, W. Va. ning at the point where the Utah-Colo- ton, Mass., and Milford, Conn., under No. MC 134028, filed September 5, rado State line is crossed by U.S. High contract or continuing contracts with 1969. Applicant: CEMELLE BEAUDOIN, way 160 (near Northdale, Colo.), thence National Containers Ltd. and its sub doing business as B & B SERVICE, 2817 along U.S. Highway 160 to junction U.S. sidiary MacDonald Drums Manufactur South Dort Highway, Flint, Mich. 48507. Highway 84 (att of near Pagosa Springs, ing Corp. Restriction: Restricted to ship Applicant’s representative: E. K. Wil Colo.), and thence along U.S. Highway ments originating at or destined to liams, 11504 North Saginaw, Clio, Mich. 84 to the Colorado-New Mexico State plantsites of National Containers, Ltd., 48420. Authority sought to operate as a line (near Chromo, Colo.); and (3) tra Ville St. Pierre, Quebec, Canada, and contract carrier, by motor vehicle, over versal authority from Albuquerque, N. MacDonald Drums Manufacturing Corp., irregular routes, transporting: Wrecked Mex., to points on the Navajo Reserva Ville St. Pierre, Quebec, Canada. Note: automobiles, between Flint, Mich., and tion within San Juan and McKinley If a hearing is deemed necessary, ap Toledo, Ohio, under contract with H. E. Counties, N. Mex., traversing points in plicant requests it be held at Montpelier, Joubert. N ote: If a hearing is deemed Arizona within the boundaries described Vt., Boston, Mass., or Albany, N.Y. necessary, applicant requests it be held in paragraph (1) above. N ote: Appli No. MC 134056, filed September 15, at Flint, Lansing, Detroit, or Pontiac, cant states it does not intend to tack. If 1969. Applicant: MODERN ASSEMBLY Mich. a hearing is deemed necessary, applicant AND DISTRIBUTION, INC., 1030 West No. MC 134031 (Sub-No. 1), filed Sep requests it be held at Albuquerque, N. Division Street, Chicago, HI. Applicant’s tember 15, 1969. Applicant: JOSEPH T. Mex., or Tucson, Ariz. representative: John A. Truesdell, 1415 WALDO AND WILLIAM G. YOKELEY, No. MC 134043 (Sub-No. 1), filed Sep East Sunrise Boulevard, Post Office a partnership doing business as MAC’S tember 18, 1969. Applicant: ART Drawer 4187, Fort Lauderdale, Fla. PRODUCE COMPANY, Louisburg Road, KNIGHT INC., 316 Southeast Market 33304. Authority sought to operate as Raleigh, N.C. 27604. Applicant’s repre Street, Post Office Box 14626, Portland, a common carrier, by motor vehicle, over sentative: Charles R. Hassell, Jr., Post Oreg. 97204. Applicant’s representative: irregular routes, transporting: General Office Box 1150, Raleigh, N.C. 27602. Au Seymour L. Coblens, Corbett Building, commodities, except those of unusual thority sought to operate as a common Portland, Oreg. 97204. Authority sought value, classes A and B explosives, house carrier, by motor vehicle, over irregular to operate as a contract carrier, by motor hold goods as defined by the Commis routes, transporting: Agricultural com vehicle, over irregular routes, transport sion, commodities in bulk and commodi modity containers such as baskets, ing: Wooden shingles and shakes, from ties requiring special equipment, between hampers, and crates manufactured of shingle and shake mills located in points in St. Lucie, Martin, Palm Beach, wood, wood and wire combined, or wood, Washington and Oregon to points in Broward, Dade, Hendry, Collier, Mon wire, and plastic combined (set up or California, under a continuing contract roe (excluding that part of Monroe knocked down), and wooden crate ma or contracts with Fluhrer Bros., a part County known as the Florida Keys south terial, from Murfreesboro and Milwau nership and Wasser Fluhrer, Inc., a of Islamorada, Fla.), Glades and Okee kee, N.C., to points in North Carolina, Washington corporation. N ote: If a chobee Counties, Fla., restricted to ship South Carolina, Georgia, and Florida. hearing is deemed necessary, applicant ments arriving or departing from all N ote: Applicant states it does not intend requests it be held at Portland, Oreg. points in the aforesaid territory by rail, to tack. If a hearing is deemed neces No. MC 134046 (Sub-No. 2), filed Sep by motor carrier, by private carrier of sary, applicant requests it be held at tember 22, 1969. Applicant: E. R. property by motor vehicle, by water and Atlanta, Ga., or Washington, D.C. HUNTER, INC., 169 Maltese Avenue, by air. N ote: Common control may be No. MC 134032, filed September 8, East Paterson) N.J. 07407. Applicant’s involved. If a hearing is deemed neces 1969. Applicant: THUNDERHEAD OIL representative: Morton E. Kiel, 140 sary, applicant requests it be held at & GAS COMPANY, a corporation, Post Cedar Street, New York, N.Y. 10060. Au Fort Lauderdale, West Palm Beach, or Office Box 894, 2030 Second Street SW., thority sought to operate as a contract Miami, Fla. Albuquerque, N. Mex. 87103. Applicant’s carrier, by motor vehicle, over irregular No. MC 134077, filed September 29, representatives: Wayne C. Wolf, 820 routes, transporting: (1) Fluorescent 1969. Applicant: NORTHERN BOT Simms Building, 400 Gold Avenue SW., and incandescent light fixtures and ac TLING COMPANY OF MINOT, NORTH FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17197 DAKOTA, a corporation, 1629 South their baggage in the same vehicle in spe to title State of Ohio and to points in the Broadway, Minot, N. Dak. 58701. Appli cial and charter operations, in groups States of New York and West Virginia; cant’s representative: Alan Foss, 502 and parties,, with stopover privileges, and the present application would seek First National Bank Building, Fargo, from points in Ohio (except that part of to join the remaining portion of Mercer N. Dak. 58102. Authority sought to Ohio south of U.S. Highway 224) in the County and the counties of Crawford, operate as a common carrier, by motor counties of Ashland, Medina, Summit, Venango, Butler, and Lawrence to the vehicle, over irregular routes, transport Portage, Wayne, Stark, Columbiana, territory and to enlarge the points of ing: Pallets, between points in Minne Holmes, Tuscarawas, and Carroll, Ohio; destination to all points in the conti sota, on the one hand, and, on the other, to points within the continental United nental United States including Alaska points in North Dakota. N ote: Applicant States and Alaska and Hawaii. N ote: and Hawaii. Common control may be in states that it does not intend to tack. If Applicant states it intends to tack and volved. If a hearing is deemed neces a hearing is deemed necessary, applicant in connection therewith states it is now sary, applicant requests it be held at requests it be held at Fargo, N. Dak., or certificated under MC 33446 to render Youngstown, Ohio, Pittsburgh, Pa., or Minneapolis, Minn. group and party service from all points Cleveland, Ohio. No. MC 134078, filed September 30, in Ohio to 27 other States and the Dis No. MC 129524 (Sub-No. 3), filed Sep 1969. Applicant: C & J TRANSPORT, trict of Columbia. Common control may tember 7, 1969. Applicant: MALVERN INC., Post Office Box 115, Gillespie, 111. be involved. If a hearing is deemed JOHN REID, doing business as REID 62033. Applicant’s representative: G. L. necessary, applicant requests it be held BUS LINE, 1197 Seventh Street, Harlan, Jones (same address as applicant). Au at Youngstown, Ohio, Pittsburgh, Pa., dr Iowa 51537. Authority sought to operate thority sought to operate as a common Cleveland, Ohio. as a common carrier, by motor vehicle, carrier, by motor vehicle, over irregular No. MC 61335 (Sub-No. 12), filed Oc over regular and irregular routes, trans routes, transporting: Glass containers tober 2, 1969. Applicant: TRANS porting: (A) Regular Routes: (1) Pas (bottles or jars), caps, covers, stoppers, BRIDGE LINES, INC., Post Office Box sengers and their baggage, and express tops, and fiberboard boxes, from the 146, Phillipsburg, N.J, 08865. Applicant’s and newspapers in the same vehicle with plantsite and facilities of Obear-Nester representative: W. C. Mitchell, 140 Cedar passengers, (a) between Neola and Har Glass Co., located at Lincoln, 111., to Street, New York, N.Y. 10006. Authority lan, Iowa, over Iowa Highway 64 to points in Wisconsin, Iowa, Missouri, sought to operate as a common carrier, Harlan, Iowa, and return over the same Lower Michigan, Indiana, Illinois, Ohio, by motor vehicle, over irregular routes, route, serving all intermediate points; Kentucky, and Tennessee. Note: If a transporting: Passengers and their bag (b) between Portsmouth and Defiance, hearing is deemed necessary, applicant gage, in the same vehicle with pas Iowa, from Portsmouth over Iowa High requests it be held at St. Louis, Mo., or sengers, in special operations, beginning way 191 to Earling, Iowa, thence over Chicago, HI. and ending at points in Warren County, Iowa Highway 37 to junction U.S. High No. MC 134084, filed October 1, 1969. N.J., Lehigh and Northampton Counties, way 59, thence over U.S. Highway 59 to Applicant: CLIFFORD M. SHROCK, Pa., and those in that part of Bucks Defiance, Iowa, and return over the Route 1, Box 23, Woodburn, Oreg. County, Pa., on and east of U.S. Highway same route, serving all intermediate 97071. Applicant’s representative: Ken 611, from Doylestown, Pa., to the county points; (c) between Harlan and Irwin, neth G. Thomas, 1321 Southeast Water line north of Riegelsville, Pa., and on Iowa, from Harlan over U.S. Highway Avenue, Portland, Oreg. 97214. Authority and north of U.S. Highway 202, from 59 to junction of Iowa Highway 268, sought to operate as a common car Doylestown, Pa., to New Hope, Pa., and thence over Iowa Highway 268 to Irwin, rier, by motor vehicle, over irregular extending to points in Alabama, Arizona, Iowa and return over the same route, routes, transporting: Lumber, (1) be Arkansas, Idaho, Iowa, Kansas, Ken serving all intermediate points; (d) be tween points in Clackamas, Marion, Polk, tucky, Minnesota, Mississippi, Missouri, tween Harlan and Elk Horn, Iowa, from and Linn Counties, Oreg., on the one Montana, Nebraska, Nevada, Oklahoma, Harlan over Iowa Highway 64 to Kim- hand, and, on the other, Portland, Oreg., Oregon, South Dakota, Tennessee, and ballton, Iowa, thence over Iowa Highway and Longview, Ridgefield, and Vancouver, West Virginia. N ote: Applicant states 173 to Elk Horn, Iowa, and return over Wash., and (2) between Portland, Oreg., that the requested authority cannot be the same route, serving all intermediate on the one hand, and, on the other, tacked with its existing authority. Com points; (e) between Avoca and Elk mon control may be involved. If a hear Horn, Iowa, from Avoca, Iowa, over Iowa Longview, Ridgefield, and Vancouver, Highway 83 to junction of unnumbered Wash. N ote: If a hearing is deemed ing is deemed necessary, applicant re necessary, applicant requests it be held quests it be held at Allentown, Pa. road approximately 4 miles east of at Portland, Oreg. No. MC 111191 (Sub-No. 2), filed Marne, Iowa, thence over unnumbered July 7, 1969. Applicant: BORTNER BUS road to Elk Horn, Iowa, and return over Motor Carriers of P assengers COMPANY, a corporation, Rural De the same route, serving all intermediate No. MC 946 (Sub-No. 2), filed Octo livery 1, Sharpsville, Pa. 16150. Appli points; (f) between Harlan and Panama, ber 1, 1969. Applicant: PAROCHIAL cant’s representative: Martin E. Cusick, Iowa, from Harlan, over U.S. Highway BUS SYSTEM, INC., 3320 Hutchinson First Federal Building, East State 59 to junction unnumbered road approx Avenue, Bronx, N.Y. Applicant’s repre Street, Sharon, Pa. 16146. Authority imately 9 miles north of Harlan, Iowa, sentative: Samuel B. Zinder, Station sought to operate as a common carrier, thence over unnumbered road through Plaza East, Great Neck, N.Y. Authority by motor vehicle, over irregular routes, Westphalia, Iowa, to Panama, Iowa, and sought to operate as a common carrier, transporting: Passengers and their bag return over the same route, serving all by motor vehicle, over irregular routes, gage in the same vehicle with passen intermediate points; transporting: Passengers in special gers, in special and charter operations, (g) Between Minden and Harlan, operations, from Bronx, N.Y., to Green in groups and parties, with stop-over Iowa, from Minden over Iowa Highway Mountain Race Track; Pownell, Vt., and privileges, (a) from points in . Mercer, 83, to junction Iowa Highway 168, thence over Iowa Highway 168 to Shelby, Iowa, return. Note: Applicant states that the Crawford, Venango, Butler, and Law requested authority cannot be tacked rence Counties, Pa., to all points in the thence over unnumbered road through with its existing authority. If a hearing continental United States including Tennant, Iowa, to junction Iowa High is deemed necessary, applicant requests Alaska and Hawaii, and (b) between way 64, thence over Iowa Highway 64 to it be held at New York, N.Y. Grove City, Pa., and Sharon, Pa., over Harlan, Iowa, and return over the same No. MC 33446 (Sub-No. 2), filed Pennsylvania Route 58 to Mercer Bor route, serving all intermediate points; July 7, 1969. Applicant: THE REDIFER ough, Pa., and thence over U.S. Highway (h) between Corley and Elk Horn, Iowa, BUS COMPANY, a corporation, 977 62 to Sharon, Pa., as presently author eastward over unnumbered road to Elk Winona Drive, Youngstown, Ohio 44511. ized in MC 111191, and points in the Horn, Iowa, and return over the same Applicant’s representative: Martin E. continental United States including route, serving all intermediate points; Cusick, First Federal Building, 1 East Alaska and Hawaii. N ote: Applicant and (i) between Neola and Elk Hqm, State Street, Sharon, Pa. 16146. Author Iowa, from Neola over Iowa Highway 64 ity sought to operate as a common car holds authority under MC 111191 for rier, by motor vehicle, over irregular group and party service from that por to junction of Interstate Highway 80N, routes, transporting: Passengers and tion of Mercer County west of Route 19 thence over Interstate Highway 80N to FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17198 NOTICES jimction Interstate Highway 80, thence cant seeks a revised permit authorizing 210 North 13th Street, St. Louis, Mo. over Interstate Highway 80 to junction extension of its operations as a contract 63103. Applicant’s representative: Rob unnumbered road approximately 7 miles carrier, in interstate or foreign com ert S. Davis, 210 North 13th Street, St. south of Elk Horn, Iowa, thence over un merce, of the commodities listed, above, Louis, Mo. 63103. Authority sought to op numbered road to Elk Horn, Iowa, and over the following revised routes: (1) erate as a common carrier, by motor ve return over the same route, serving all Between ports and points located on the hicle, over regular routes, transporting: intermediate points. (B) Irregular Verdigris and Arkansas Rivers and their General commodities, between Eudora routes: (2) Passengers and their bag tributaries from Catoosa, Okla., to the and Hamburg, Ark., via Arkansas High gage, in special and charter operations, confluence with the Arkansas Post Canal, way 8 (a distance of 37 miles) , as an al (a) beginning and ending at all points the Arkansas Post Canal, and the White ternate route for operating convenience on carrier’s present operating certificates River and its tributaries from its conflu only, in connection with carrier’s other (except from Omaha, Nebr., and from ence with the Arkansas Post Canal to its wise authorized regular route operations, Council Bluffs, Iowa), and (b) beginning confluence with the Mississippi River, serving no intermediate points. and ending at all points on carrier’s pro and (2) between points and ports speci No. MC 125018 (Sub-No. 2) (Amend posed operations identified above, and fied in (1) above, on the one hand, and, ment) , filed September 9,1969, published extending to points in the United States on the other, ports and points which ap in F ederal R egister issue of Septem (except Alaska and Hawaii). N ote: Ap plicant is presently authorized to serve ber 25,1969, amended September 30,1969, plicant states that it Intends to tack at pursuant to its fifth amended permit and republished in part as amended this junction Iowa Highways 64 and 83 1 mile No. W-390. issue. Applicant: TENNESSEE TRUCK north of Neola, Iowa; Avoca and Har Application for B rokerage License LINES, INC., Route No. 4, Dandridge, lan, Iowa—create service from Omaha, Tenn. 37725. Applicant’s representative: Nebr., to territory shown. Applicant fur No. MC 12759 (Sub-No. 2) (Amend James R. Harrington (same address as ther states that it seeks no duplicating ment), filed April 7, 1969, published in applicant). The purpose of this republi authority. If a hearing is deemed neces F ederal R egister issues of May 1,1969 cation in part is to show Item (5) sary, applicant requests it be held at and June 5, 1969, amended October 1, Canned goods and animal foods; mate Omaha, Nebr. 1969, and republished, as amended this rials, equipment and supplies used in Application of Water Carrier issue. Applicant: SKI-O-RAMA TOURS, canning, packaging, and distributing INC., 7 South Franklin Street, Hemp canned goods; materials for production No. W-390 (Sub-No. 7) (WARRIOR & stead, N.Y. 11550. Applicant’s represent of cans; seeds and fertilizer from points GULP NAVIGATION COMPANY—Ex ative: Morris Honig, 150 Broadway, New in Indiana, New York, Pennsylvania, New tension—ARKANSAS RIVER) filed Oc York, N.Y. For a license (BMC 5) to en Jersey, Delaware, Maryland, Ohio, Vir tober 6, 1969. Applicant: WARRIOR & gage in operations as a broker at Hemp ginia, West Virginia, Kentucky, Illinois, GULP NAVIGATION COMPANY, a cor stead, N.Y., in arranging for the trans Mississippi, Louisiana, Oklahoma, Mis poration, Post Office Box 11397, Chicka portation by motor vehicle, in interstate souri, Iowa, Nebraska, Idaho, North Da saw, Ala. 36611. Applicant’s representa or foreign commerce, of passengers and tive: Robert R. Wertz, 525 William Penn kota, and Minnesota to Augusta, Wis. their baggage in round trip, all-expense The State of Indiana was added as an Place, Pittsburgh, Pa. 15230. Pursuant to tours, beginning and ending at Denver, fifth amended permit issued June 4, origin State. The rest of the application Colo.; New Orleans, La.; Los Angeles, remains the same. 1964, applicant is authorized to operate Calif.; and Chicago, 111., and extending as a contract carrier by self-propelled to points in the United States, including By the Commission. vessels and by non-self-propelled vessels Alaska and Hawaii. Restriction: The [seal] H. Neil Garson, with the use of separate towing vessels, transportation to be authorized is sub Secretary. in interstate or foreign commerce, in the ject to the prior or subsequent movement transportation of (1) aluminum, asphalt, by interstate air or interstate railroad [F.R. Doc. 69-12606; Filed, Oct. 22, 1969; bags (cloth), bags (paper), billets (steel), commerce, from or to New York, N.Y., 8:45 am.] boiler tubes, canned goods, caustic soda, of passengers and their baggage to or chemicals, coal, crossties, culverts, fabri from the points of origin or destination [Notice No. 926] cated material, ferro chrome, ferro man as described above. N ote: The purpose ganese, ferro titanium, houses (fabri of this republication is to redescribe the MOTOR CARRIER TEMPORARY cated), ingots, iron and steel articles, authority sought. AUTHORITY APPLICATIONS lumber, machinery, manganese ore, paint, paper, petroleum products, pig Applications in W hich Handling W ith October 20, 1969. iron, pipe, platforms (wooden), racks out Oral H earing H as B een R equested The following are notices of filing of (steel), rolling-mill rolls, roofing, rope No. MC 1124 (Sub-No. 221), filed applications for temporary authority un (wire), sal ammoniac, sal-ammoniac September 30,1969. Applicant: HERRIN der section 210a (a) of the Interstate skimmings, scrap iron, sinter (manga TRANSPORTATION CO., a corporation, Commerce Act provided for under the nese), slabs (steel), slag, soap, soda ash, 2301 McKinney Avenue, Houston, Tex. new rules of Ex Parte No. MC-67 (49 sodium fluoride, spelter, sulphate of am 77001. Applicant’s representative: Leroy CFR Part 1131) published in the F ed monia, sulphur, tar, tin (pig), and var Hallman, 4555 First National Bank eral R egister, issue of April 27, 1965, nish, between points on the Gulf Intra Building, Dallas, Tex. 75202. Authority effective July 1,1965. These rules provide coastal Waterway System, the Gulf of sought to operate as a common carrier, that protests to the granting of an ap Mexico coast between Brownsville, Tex., by motor vehicle, over regular routes, plication must be filed with the field and Fort Pierce, Fla., the lower Missis transporting: General commodities (ex official named in the F ederal R egister sippi River between Memphis, Tenn., and cept livestock, household goods as de publication, within 15 calendar days its mouth, Lake Pontchartrain and its fined by the Commission, and commodi after the date of notice of the filing of tributaries, the Warrior and Tombigbee ties in bulk), serving the site of the the application is published in the Fed Rivers between Port Birmingham and Remington Arms Co. plant located 5 eral R egister. One copy of such protests Mobile, Ala., all inclusive, and the Port miles west of Lonoke, Ark., adjacent to must be served on the applicant, or its Allen section of the Gulf Intracoastal Interstate Highway 40, as an off-route authorized representative, if any, and Waterway; (2) iron ore and fluorspar point in connection with applicant’s the protests must certify that such serv from Mobile to Port Birmingham, Ala., presently authorized regular route oper ice has been made. The protests must by way of the Warrior and Tombigbee be specific as to the service which such ations over U.S. Highway 70 and Inter Protestant can and will offer, and must Rivers; and (3) iron and steel articles state Highway 40. N ote: Common con consist of a signed original and six copies. between ports and points along the At trol may be involved. A copy of the application is on file, and lantic Coast from Fort Pierce, Fla., to No. MC 89723 Sub-No. 56), filed can be examined at the Office of the Sec Cape Kennedy, Fla., both inclusive. By September 29, 1969. Applicant: MIS retary, Interstate Commerce Commis application filed October 6, 1969, appli SOURI PACIFIC TRUCK LINES, INC., sion, Washington, D.C., and also in field FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17199 office to which protests are to be coaches, and trailers designed to be beque Inns International, Inc., at Den transmitted. drawn by passenger automobiles, from ver, Colo., to points in the District of Loyal, Wis., to points in Colorado, Illi Columbia, Florida, Georgia, Iowa, Illi Motoh Carriers of P roperty nois, Indiana, Iowa, Kansas, Michigan, nois, Maryland, Michigan, Minnesota, No. MC 730 (Sub-No. 314 TA), filed Minnesota, Montana, Nebraska, Ohio, Missouri, New Jersey, New York, Penn October 10, 1969. Applicant: PACIFIC South Dakota, Texas, and Wisconsin, for sylvania, Virginia, and Wisconsin, for INTERMOUNTAIN EXPRESS CO., 1417 180 days. Supporting shipper: Black 180 days. Supporting shipper: Barbecue Clay Street, Oakland, Calif. 94612. Ap River Campers Corp., Main Street, Loyal, Inns International, Inc., 9157 Lyndale plicant’s representative: R. N. Cooledge wis. 54446. Send protests to: District Su Avenue South, Minneapolis, Minn. 55402. (same address as above). Authority pervisor J. H. Gray, Interstate Commerce Send protests to: Herbert C. Ruoff, Dis sought to operate as a common carrier, Commission, Bureau of Operations, Room trict Supervisor, Interstate Commerce by motor vehicle, over irregular routes, 204, 345 West Wayne Street, Port Wayne, Commission, Bureau of Operations, 2022 transporting: Nitrogen tetroxide, in bulk, Ind. 46802. Federal Building, Denver, Colo. 80202. in tank vehicles, between Vicksburg, No. MC 106603 (Sub-No. 107 TA), filed No. MC 127867 (Sub-No. 3 TA), filed Miss., and Air Force Bases and Missile October 14, 1969. Applicant: DIRECT October 13, 1969. Applicant: TRANSOL Test Facilities located in Arizona, Arkan TRANSIT LINES, INC., 200 Colrain COMPANY, 116 Forest Avenue, Des sas, California, Colorado, Florida, Kan Street SW., Grand Rapids, Mich. 49508. Moines, Iowa 50314. Applicant’s repre sas, New Mexico, Nevada, and Ohio, for Applicant’s representative: Robert A. sentative: William L. Fairbank, 610 Hub- 180 days. Supporting shipper: U.S. De Sullivan, 1800 Buhl Building, Detroit, bell Building, Des Moines, Iowa 50309. partment of Defense, Washington, D.C. Mich. 48226. Authority sought to operate Authority sought to operate as a contract Send protests to: District Supervisor as a common carrier, by motor vehicle, carrier, by motor vehicle, over irregular Wm. E. Murphy, Interstate Commerce over irregular routes, transporting: Salt routes, transporting: Solvents, (1) from Commission, Bureau of Operations, 450 and salt products (except in bulk), from Minneapolis and St. Paul, Minn., to Golden Gate Avenue, Box 36004, San St. Clair, Mich., to points in New York Bettendorf, Council Bluffs, Des Moines, Francisco, Calif. 94102. and Pennsylvania (except Allegheny, and Forest City, Iowa; (2) from Wood No. MC 3009 (Sub-No. 82 TA), filed Beaver, Butler, Cambria, Clarion, Clear River, HI., to'Bettendorf, Council Bluffs, October 14, 1969. Applicant: WEST field, Crawford, Elk, Erie, Fayette, Forest, Des Moines, Muscatine, and Waterloo, BROTHERS, INC., 706 East Pine Street, Greene, Indiana, Jefferson, Lawrence, Iowa, and (3) from South Charleston, Hattiesburg, Miss. 39401. Applicant’s Mercer, Somerset, Vemango, Warren, W. Va., to Des Moines, Iowa, for the representative: W. N. Innis (same ad Washington, and Westmoreland Coun accounts of Barton Solvents, Inc., Bar dress as above). Authority sought to op ties, Pa.), salt and salt products (except ton Solvents Co., and Barton Naptha erate as a common carrier, by motor in bulk),'from Akron, Ohio, to points in Corp., for 150 days. Supporting shippers: vehicle, over irregular routes, transport New York, for 180 days. Supporting Barton Solvents, Inc., Barton Solvents ing: General commodities (except those shipper: Diamond Crystal Salt Co., 916 Co., Barton Naptha Corp., 116 Forest of unusual value, classes A and B explo South Riverside, St. Clair, Mich. 48079. Avenue, Des Moines, Iowa 50314. Send sives, household goods as defined by the Send protests to: C. R. Flemming, Dis protests to: Ellis l . Annett, District Commission, commodities in bulk, and trict Supervisor, Interstate Commerce Supervisor, Interstate Commerce Com those requiring special equipment), serv Commission, Bureau of Operations, mission, Bureau of Operations, 677 Fed ing Neely, Miss., as an off-route point in Room 225, Federal Building, Lansing, eral Building, Des Moines, Iowa 50309. connection with applicant’s present op Mich. 48933. eration over U.S. Highway 98 and Mis No. MC 133026 (Sub-No. 1 TA), filed No. MC 111812 (Sub-No. 390 TA), filed October 10,1969. Applicant: W. T. MAR sissippi Highway 57 and 63, for 180 days. October 10, 1969. Applicant: MIDWEST Note: Applicant does intend to tack. SHALL TRUCKING, INC., Rural Route COAST TRANSPORT, INC., 405 '% East No. 5, Box 161-D, Springfield, HI. 62707. Supporting shipper: Lucedale Sportswear Eighth Street, Post Office Box 1233, Sioux Co., Inc., Lucedale, Miss. 39452, Send Authority sought to operate as a common Falls, S. Dak. 57101. Applicant’s rep carrier, by motor vehicle, over irregular protests to: Alan C. Tarrant, District resentative: Ralph H. Jinks (same ad Supervisor, Interstate Comnierce Com routes, transporting: Malt beverages, dress as above). Authority sought to from Newport, Ky., to Champaign, HI., mission, Bureau of Operations, Room operate as a common carrier, by motor 212, 145 East Amite Building, Jackson, Decatur, 111., and Springfield, HI., for Miss. 39201. vehicle, over irregular routes, transport 150 days. Supporting shippers: Van Pick- ing: Frozen foods, from Duluth, Minn., erill & Sons, Inc., Springfield, HI.; and No. MC 79999 (Sub-No. 7 TA), filed to points in Ohio, Pennsylvania, Mary October 13, 1969. Applicant: E. JACK Van Pickerill-Champaign, Inc., Cham land, Delaware, New Jersey, New York, paign, HI. Send protests to: Harold C. WALTON TRUCKING COMPANY, 13020 Connecticut, Rhode Island, Massachu Sarah’s Lane, Houston, Tex. 77015. Ap Jolliff, District Supervisor, Interstate setts, Vermont, New Hampshire, Maine, Commerce Commission, Bureau of Op plicant’s representative: Mack Coker Virginia, and West Virginia, for 180 days. (same address as above). Authority erations, Room 476, 325 West Adams Supporting shipper: Jeno’s, Inc., 525 Street, Springfield, HI. 62704. sought to operate as a common carrier, Lake Avenue South, Duluth, Minn. by motor vehicle, over irregular routes, No. MC 133112 (Sub-No. 2 TA), filed 55801; R. A. Archambault, Traffic Man October 14, 1969. Applicant: VEON transporting: Roofing, from New Or ager, Frozen Foods Division. Send pro leans, La., to points in Mississippi, for TRANSPORTATION COMPANY, Fifth tests to: J. L. Hammond, District Super Street Extension, Box 326, Darlington, 180 days. Note: Applicant does not in visor, Bureau of Operations, Interstate tend to tack authority with presently Pa. 16115. Applicant’s representative: Commerce Commission, Room 369, Fed John A. Pillar, 2310 Grant Building, authorized routes. Supporting shipper: eral Building, Pierre, S. Dak. 57501. Johns-Manville Products Corp. (T. J. Pittsburgh, Pa. 15219. Authority sought No. MC 113678 (Sub-No. 365 TA) filed to operate as a contract carrier, by motor Fusilier, Regional Traffic Manager), Post October 13, 1969. Applicant: CURTIS, Office Box 128, Marrero, La. 70072. Send vehicle, over irregular routes, transport INC., Post Office Box 16004 Stockyards ing: Calcium chloride, from Barberton, protests to: John C. Redus, District Su Station, Denver, Colo. 80216. Applicant’s pervisor, Interstate Commerce Commis Ohio, to points in Pennsylvania under a sion, Bureau of Operations, Post Office representative: Oscar Mandle (same ad contract with Ralph A. Veon, Inc., for Box 61212, Houston, Tex. 77061. dress as above). Authority sought to 180 days. Supporting shipper: Ralph A. operate as a common carrier, by motor Veon, Inc., Darlington, Pa. 16115. Send No. MC 103993 (Sub-No. 462 TA), filed vehicle, over irregular routes, transport October 10, 1969. Applicant: MORGAN protests to: John J. England, District ing: Those commodities normally used Supervisor, Interstate Commerce Com DRIVE AWAY, INC., 2800 West Lexing by and dealt in by restaurants (except ton Avenue, Elkhart, Ind. 46514. Appli mission, Bureau of Operations, 2109 Fed meat, meat products, meat byproducts eral Building, 1000 Liberty Avenue, cant’s representative: Ralph H. Miller and articles distributed by meat pack (same address as above). Authority Pittsburgh, Pa. 15222. sought to operate as a common carrier, inghouses) , from the distribution ware No. MC 133655 (Sub-No. 14 TA), filed by motor vehicle, over irregular routes, house of Barbecue Inns International, October 13, 1969. Applicant: TRANS transporting: Truck campers, camp Inc., and shipping facilities used by Bar- NATIONAL TRUCK, INC., Post Office FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 No. 204- 17200 NOTICES Box 894, Hurst, Tex. 76053. Applicant’s Floyd A. Johnson, District Supervisor, Name of company, location of principal ex representative: Harley E. Laughlin Interstate Commerce Commission, Bu ecutive office, and State in which (same address as above). Authority reau of Operations, 390 Federal Office incorporated sought to operate as a common carrier, Building, 167 North Main Street, Mem Aetna Fire Underwriters Insurance Company by motor vehicle, over irregular routes, phis, Tenn. 38103. Hartford, Connecticut transporting: Charcoal and charcoal * By the Commission. products, carbon and carbon products, Connecticut products produced or distributed by [seal] H. Neil Garson, Certificates of Authority expire on manufacturers of the above-described Secretary. June 30 each year, unless sooner revoked, commodities, and advertising material [F.R. Doc. 69-12693; Piled, Oct. 22, 1969; and new Certificates are issued on July 1 used in connection therewith, from Jack 8:49 a.m.] so long as the companies remain qualified sonville, Fla., and points in Marion (31 CFR Part 223). A list of qualified County, Fla., to points in California, Ari companies is published annually as of zona, New Mexico, Colorado, Texas, July 1 in Department Circular 570, with Oklahoma, Kansas, Arkansas, Louisiana, DEPARTMENT OF THE TREASURY details as to underwriting limitations, Georgia, South Carolina, and North Car Fiscal Service areas in which licensed to transact olina, for 180 days. Supporting shippers fidelity and surety business and other Timberland Products Co., Inc., Post Of [Dept. Circ. 570,1969 Rev.; Supp. No. 6] information^ Copies of the Circular, fice Box 1799,1921 Northwest 17th Place, SOUTH CAROLINA INSURANCE when issued, may be obtained from the Ocala, Fla. 32670. Send protests to: Billy Treasury Department, Bureau of Ac R. Reid, District Supervisor, Interstate COMPANY counts, Audit Staff, Washington, D.C. Commerce Commission, Bureau -of Op Surety Company Acceptable on 20226. erations, 9A27 Federal Building, 819 Taylor Street, Fort Worth, Tex. 76102. Federal Bonds Dated: October 20, 1969. No. MC 133937 (Sub-No. 1 TA), filed A Certificate of Authority as an ac [seal] John K. Carlock, October 13, 1969. Applicant: CAROLINA ceptable surety on Federal bonds has Fiscal Assistant Secretary. CARTAGE COMPANY, INC., 654 Keith been issued by the Secretary of the [P.R. Doc. 69-12696; Filed, Oct. 22, 1969; Drive, Greenville, S.C. 29607. Applicant’s Treasury to the following company 8>49 a.m ] representative: Henry P. Willimon, Post under sections 6 to 13 of title 6 of the Office Box 1075, Greenville, S.C. Author United States Code. An underwriting ity sought to operate as a common car limitation of $509,000 has been estab Internal Revenue Service rier, by motor vehicle, over irregular lished for the company. [Order No. 8 (Rev. 3) ] routes, transporting: General commod Name of company, location of principal ex ities having a prior or subsequent move ecutive office, and State in which ASSISTANT REGIONAL COMMISSION ment by air, between points in Anderson, incorporated ERS (APPELLATE) ET AL. Greenville, Oconee, Pickens and Spar South Carolina Insurance Company tanburg Counties, S.C., and the Atlanta Delegation of Authority To Sign Municipal Airport, Atlanta, Ga., for 180 Columbia, South Carolina Agreements as to Liability for Per days. Supporting shippers: There are South Carolina sonal Holding Company Tax approximately (10) statements of sup Certificates of Authority expire on port attached to the application, which 1. The authority granted to the Com June 30 each year, unless sooner revoked, missioner of Internal Revenue and Dis may be examined here at the Interstate and new Certificates are issued on July 1 Commerce Commission in Washington, trict Directors by 26 CFR 301.7701-9 and so long as the companies remain qualified 26 CFR 1.547-2 to enter into agreements D.C., or copies thereof which may be (31 CFR Part 223). A list of qualified examined at the field office named below. relating to liability for personal holding companies is published annually as of company tax, is hereby delegated to the Send protests to: Arthur B. Abercrombie, July 1 in Department Circular 570, with District Supervisor, Interstate Commerce following officials: details as to underwriting limitations, (a) Assistant Regional Commissioners Commission, Bureau of Operations, 601A areas in which licensed to transact Federal Building, 901 Sumter Street, (Appellate), fidelity and surety business and other (b) Chiefs, Appellate Branch Offices, Columbia, S.C. 29201. information. Copies of the Circular, No. MC 134088 (Sub-No. 1 TA), filed (c) Associate Chiefs, Appellate Branch when issued, may be obtained from the Offices, October 13, 1969. Applicant: FORD L. Treasury Department, Bureau of Ac WRIGHT AND MARIE A. WRIGHT, a (d) Assistant Chiefs, Appellate Branch counts, Audit Staff, Washington, D.C. Offices, partnership, doing business as ALL- 20226. AMERICAN MOVING & STORAGE, 3091 (e) Director of International Opera Dated: October 20, 1969. tions, Bellbrook Center Drive, Memphis, Tenn. (f) Assistant District Directors, and 38116. Applicant’s representative: John [seal] John K. Carlock, (g) Chiefs of District Audit Divisions. Paul Jones, 189 Jefferson Avenue, Mem Fiscal Assistant Secretary. phis, Tenn. 38103. Authority sought to 2. This authority may be redelegated [P.R. Doc. 69-12695; Filed, Oct. 22, 1969; only by District Directors and the Di operate as a common carrier, by motor 8:49 a.m:] vehicle, over irregular routes, trans rector of International Operations, who porting: Used household goods, restricted may redelegate to the Chief of Review to the transportation of traffic having [Dept. Circ. 570,1969 Rev., Supp. No. 5] Staff (or to the Chief of Technical a prior or subsequent movement in con Branch where that position has been tainers, beyond the points authorized AETNA FIRE UNDERWRITERS established); Chief of Conference Staff; and further restricted to the perform INSURANCE COMPANY and to Revenue Agents (Reviewers or Conferees) not lower than GS-11. ance of pickup and delivery service in Surety Company Acceptable on connection with packing, crating, and 3. This order supersedes Delegation containerization of such traffic; between Federal Bonds Order No. 8 (Rev. 2) issued February 28, points in Tipton, Shelby, and Fayette A certificate of Authority as an ac 1968. Counties, Tenn.; Desoto County, Miss.; ceptable surety on Federal bonds has Date of issue: October 20, 1969. and Crittendon County, Ark., for 180 been issued by the Secretary of the days. Supporting shippers: Columbia Treasury to the following company Effective date: October 20, 1969. Export Packers, Inc., 19000 South Ver under sections 6 to 13 of title 6 of the [seal] Randolph W. Thrower, mont Avenue, Torrance, Calif. 90502; United States Code. An underwriting Commissioner. Kingpak, Inc., Post Office Box 18298, limitation of $604,000 has been estab [P.R. Doc. 69-12697; Piled, Oct. 22, 1969; Wichita, Kans. 67218. Send protests to: lished for the company. 8:49 a.m.] FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17201 [Order No. 35 (Rev. 4) ] excise and employment taxes designated pending, except with the concurrence ASSISTANT REGIONAL COMMISSION in paragraph 5 of this order. In each of the Regional Counsel. region the Assistant Regional Commis ERS (APPELLATE) ET AL. 4. In any case not docketed in the Tax sioner (Appellate), as Chief of the Ap Court in which a statutory notice was Delegation of Authority To Enter pellate Division of the region, is author issued by the office of a District Director, Agreements as Determinations ized and each Chief, Appellate Branch the Assistant Regional Commissioner Office, and each Associate Chief is au (Appellate) may relinquish the jurisdic 1. Pursuant to the authority granted thorized to represent the Regional Com tion of the Appellate Division by waiver to the Commissioner of Internal Revenue missioner in the determination of tax to the office of that District Director. and District Directors by 26 CFR liability in any such case; and each As Similarly, the Assistant Regional Com 301.7701-9 and 26 CFR 1.1313 (a)-4, the sistant Chief is authorized to represent missioner (Appellate) for the region authority to enter into agreements pur the Regional Commissioner in the deter which includes Washington, D.C., may suant to section 1313(a)(4), Internal mination of tax liability in any such case relinquish the jurisdiction of the Appel Revenue Code of 1954, relating to agree in which the net deficiency or the net late Division by waiver to the office of the ments treated as determinations, is here overassessment determined by the Dis Director of International Operations in by delegated to the following officials: trict Director or by the Director of In any case in which the office of that Di (a) Assistant Regional Commissioners ternational Operations does not exceed rector issued the statutory notice. No (Appellate), $100,000 and the determination of the such waiver shall be made in any case (b) Chiefs, Appellate Branch Offices, Appellate Division does not involve a net in which criminal prosecution has been (c) Associate Chiefs, Appellate Branch deficiency or net overassessment in excess recommended and not finally disposed of; Offices, of $100,000. nor in any case in which the determina (d) Assistant Chiefs, Appellate Branch (b) The authorities delegated in sub- tion in the statutory notice includes the Offices, paragraph (a) of this paragraph are sub ad valorem fraud penalty. Notwithstand (e) Director of International Opera ject to the exceptions set forth in para ing any such waiver, upon filing of a peti tions, graph 3 of this order and, except as pro tion with the Tax Court, jurisdiction shall (f) Assistant District Directors, and vided in paragraph 4, they may not be revest in the Appellate Division. (g) Chiefs of District Audit Divisions. redelegated. 5. The excise and employment taxes 2. This authority may be redelegated 2. (a) In each income, profits, estate, subject to the provisions of this order only by District Directors and the Di and gift tax case docketed in the Tax include any Federal excise or employ rector of International Operations, who Court, in conformity with the provisions ment tax: may redelegate to the Chief of Review of Delegation Order No. 60—Chief Coun (a) Under the Internal Revenue Code Staff (or to the Chief of Technical sel’s Order No. 1958-5, dated April 17, of 1939, except any tax imposed by: Branch where that position has been 1958, the Regional Commissioner is au (1) Chapters 8,15, 23, 26, or 27A; established); Chief of Conference Staff; thorized exclusively to represent the (2) Subchapter B of Chapter 25; to Revenue Agents (Reviewers or Con Commissioner in the functions delegated (3) Parts V, VI, VII, or v m of Sub ferees) not lower than GS-11 for field to the Regional Appellate Division in that chapter A of Chapter 27; audit cases; and to Revenue Agents (Re joint order. In each region thé Assistant (4) Subchapter B of Chapter 28, inso viewers or Conferees) and Tax Tech Regional Commissioner (Appellate), as far as it relates to liquor and tobacco; nicians (Reviewers or Conferees) not Chief of the Appellate Division of the. or lower than GS-9 for office audit cases. region, is authorized and each Chief, Ap (5) Chapter 9A, insofar as it relates to 3. This order supersedes Delegation pellate Branch Office, and each Associate distilled spirits, wines, cordials, or fer Order No. 35 (Rev. 3) issued.February 28, Chief is authorized to represent the Re mented malt liquors. 1968. gional Commissioner in the performance (b) Under the Internal Revenue Code Date of issue: October 20,1969. of those functions; and each Assistant of 1954, except any tax imposed by: Chief is authorized to represent the Re (1) Chapter 35 of Subtitle D; Effective date: October 20, 1969. gional Commissioner in the performance (2) Subchapter A, Chapter 39 of Sub of those functions in any such case in [seal] R andolph W. T hrower, title D; Commissioner. which the net deficiency or net overas (3) Subtitle E; or sessment determined in the statutory no (4) Subchapter D, Chapter 78 of Sub [PR. Doc. 69-12698; Filed, Oct. 22, 1969; tice does not exceed $100,000 and the 8:49 a.m.] title F, insofar as it relates to liquor and basis of disposition does not involve a tobacco. net deficiency or net overassessment in 6. (a) In the performance of his func [Delegation Order No. 66 (Rev. 3); Chief excess of $100,000. tions under this order, each Regional Counsel’s Order No. 1958-11 (Rev. 3) ] (b) The authorities delegated in sub- Counsel shall be subject to the general paragraph (a) of this paragraph are sub supervision and control of the Chief REGIONAL APPELLATE DIVISION AND ject to the exceptions set forth in para Coipisel. With the approval of the Chief REGIONAL COUNSEL graph 3 of this order and they may not Counsel, Regional Counsel may redele be redelegated. Authorities in Protested Cases and in gate any function by this order vested in 3. The authorities delegated by this Regional Counsel. Tax Cóurt Cases order to the Regional Commissioners do (b) The Regional Counsel will con Pursuant to the authority vested in the not include authority to: ' sider all memoranda prepared in the undersigned, it is ordered that: (a) Eliminate the ad valorem fraud Regional Appellate Division recommend 1. (a) In each case in which a taxpayerpenalty in any case in which the penalty ing the issuance of statutory notices, does not agree to the determination of has been determined by the district office prior to the issuance of such statu liability made by the office of a District in connection with a tax year or period, tory notices by the Regional Appellate Director of Internal Revenue or by the or which is related to or affects such year Division. office of the Director of International or period, for which criminal prosecu 7. The instructions contained in this Operations and requests consideration by tion against the taxpayer (or a related order are intended to supplement the the Regional Appellate Division, the taxpayer involving the same transaction) instructions contained in Delegation Regional Commissioner is authorized ex has been recommended to the Depart Order No. 60—Chief Counsel’s Order No. clusively to represent the Commissioner ment of Justice for willful attempt to evade or defeat tax, or for willful failure 1958-5, dated April 17, 1958, and super (1) in the determination of liability for sede other prior instructions to the ex income, profits, estate, and gift tax in to file a return, except upon the recom mendation or concurrence of the Re tent that such other prior instructions gional Counsel; nor are inconsistent herewith. issuance of a statutory notice; and (2) (b) Act in any case in which a recom 8. This order supersedes Delegation in the determination of liability for the mendation for criminal prosecution is Order No. 66 (Rev. 2), Chief Counsel’s FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17202 NOTICES Order No. 1958-11 (Rev. 2), issued Feb Date of issue: October 20, 1969. Branch Offices, District Directors, and ruary 19, 1968. Effective date,; October 20,1969. Chiefs, District Audit Divisions to: Date of issue: October 20, 1969. Consent to the reforming of aggrega [seal] R andolph W. T hrower, tions by a taxpayer where the taxpayer Effective date: October 20,1969. Commissioner. has formed invalid basic aggregations or [seal] R andolph W. Thrower, [F.R. Doc. 69-12700; Filed, Oct. 22, 1969; made invalid additions to valid or invalid Commissioner. 8:49 a.m.] basic aggregations, and Consent, in the case of oil and gas wells K. Martin W orthy, where an invalid aggregation has been Chief Counsel. [Order No. 77 (Rev. 3) ] formed under section 614(b), to the [F.R. Doc. 69-12699; JFiled, Oct.. 22, 1969; CHIEFS, APPELLATE BRANCH OFFICES, treatment by a taxpayer of all the prop 8:49 a.m.] ET AL. erties included in the aggregation, which fall within a single operating unit, under the provisions of section 614(d) [Order No. 75 (Rev. 4) ] Delegation of Authority To Issue Statutory Notices of Deficiency rather than section 614(b) of the 1954 REGIONAL APPELLATE DIVISION Code if so requested by the taxpayer. 1. The authority granted to the Com 2. In the case of oil and gas wells this Authority in Offers in Compromise missioner of Internal Revenue, Assistant delegation order shall apply only to tax Regional Commissioners (Appellate) and able years subject to the 1954 Code begin Pursuant to the authority vested in the District Directors by 26 CFR 301.7701-9, Commissioner of Internal Revenue by ning before January 1, 1964. 26 CFR 301.6212-1 and 26 CFR 301.6861- 3. The authority delegated herein may Treasury Department Order No. 150-25, 1 to sign, and send to the taxpayer by dated June 1,1953, as amended by Order not be redelegated. registered or certified mail any statutory 4. This order supersedes Delegation No. 180, dated November 17, 1953, and notice or deficiency is hereby delegated Order No. 150-36, dated August 17, Order No. 93 (Rev. 1), issued August 8, to the following officials: v , 1967. 1954, 26 CFR 301.7122-1 and 26 CFR (a) Chiefs, Appellate Branch Offices, 301.7701-9, it is hereby ordered: (b) Associate Chiefs, Appellate Date of issue: October 20, 1969. 1. Each Assistant Regional Commis Branch Offices, Effective date: October 20, 1969. sioner (Appellate), and each Chief and (c) Assistant Chiefs, Appellate Branch Associate Chief, Appellate Branch Office, Offices, [seal] R andolph W. T hrower, is authorized to determine the disposi (d) Director of International Opera Commissioner. tion to be made of any offer in compro tions, [F.R. Doc. 69-12702; Filed, Oct. 22, 1969; mise submitted under the provisions of (e) Assistant District Directors, and 8:49 ajn.] section 7122 of the Internal Revenue (f) Chiefs of District Audit Divisions. Code of 1954, in which (a) the proponent 2. This authority may be redelegated [Order No. 97 (Rev. 6) ] does not agree with the rejection or pro only by District Directors and the Di posed rejection of the offer in the district rector of International Operations, who ASSISTANT COMMISSIONER office, the Office of International Opera may redelegate to the Chief of Review (COMPLIANCE) ET AL. tions or a Service Center and requests Staff (or to the Chief of Technical regional Appellate Division considera Branch where- that position has been Delegation of Authority Regarding tion or (b) the liability was previously established); Chief of Conference Staff ; Closing Agreements Concerning In determined by a regional Appellate Divi to Revenue Agents (Reviewers or Con ternal Revenue Tax Liability sion and the offer is based in whole or in ferees) not lower than GS-11 for field part on doubt as to liability. Each Assist audit cases; and to Revenue Agents (Re Pursuant to authority granted to the ant Chief, Appellate Branch Office, is viewers or Conferees) and Tax Tech Commissioner of Internal Revenue by authorized to determine the disposition nicians (Reviewers or Conferees) not 26 CFR 301.7121-1 (a) ; Treasury Depart to be made of any such offer in compro lower than GS-9 for office audit cases. ment Order No. 150-32; dated Novem mise in which the unpaid amount of tax 3. This order supersedes Delegation ber 18, 1953; and Treasury Department (including any interest, penalty, addi Order No. 77 (Rev. 2) issued February 28, Order No. 150-36, dated August 17,1954: tional amount or addition to the tax) is 1968. 1. The Assistant Commissioner (com less than $100,000. pliance) is hereby authorized to enter 2. A determination by regional Appel Date of issue: October 20,1969. into and approve a written agreement late Division officials to accept an offer Effective date: October 20, 1969. with any person relating to the internal (other than one involving specific penal revenue tax liability for alcohol, tobacco, ties only) pursuant to paragraph 1. I sealI R andolph W. T hrower, and firearms taxes, other than the manu above will be subject to my approval if Commissioner. facturers excise tax on firearms arising the unpaid amount of tax (including any [F.R. Doc. 69-12701; Filed, Oct. 22, 1969; from application of sections 4181 and interest, penalty, additional amount or 8:49 a.m..] 4182 of the Internal Revenue Code, of such person (or of the person or estate addition to the tax) is $100,000 or more. for whom he acts) in respect of any pro 3. The authorities delegated herein [Order No. 93 (Rev..2) ] spective transactions or completed trans may not be redelegated and are not ap ASSISTANT REGIONAL COMMISSION actions affecting returns to be filed. plicable to cases arising under tax laws ERS (APPELLATE) ET AL. 2. Thè Assistant Commissioner (Tech relating to wagering, narcotics, mari nical) is hereby authorized to enter into huana, alcohol, tobacco, or firearms Authority To Consent to a Redetermi and approve a written agreement with any person relating to the internal reve (other than firearms taxes imposed by nation of Aggregations by a Tax payer in the Case of Invalid Basic nue tax liability, other than for those sections 4181 and 4182 of the Internal taxes covered by delegation to the Assist Revenue Code of 1954 and sections 2700 Aggregations or Invalid Additions ant Commissioner (Compliance) in para and 3407 of the Internal Revenue Code of 1. The authority vested in the Com graph 1, of such person (or of the person 1939) or to offers in compromise coming missioner of Internal Revenue as pre or estate for whom he acts) in respect scribed in 26 CFR 1.614-2(d) (5) and 26 of any prospective transactions or com within the jurisdiction of the Chief pleted transactions affecting returns to Counsel under existing procedures, rules, CFR 1.614-3 (f) (8) is hereby delegated to be filed. or delegations. Assistant Regional Commissioners (Ap 3. The Assistant Commissioner (Com 4. This order supersedes Delegation pellate), Chiefs, Appellate Branch Offi- pliance) is hereby authorized to enter Order No. 75 (Rev. 3), issued June 27, ices, Associate Chiefs, Appellate Branch into and approve a written agreement 1969. Offices, Assistant Chiefs, Appellate with any person relating to the internal FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17203 revenue tax liability of such person (or or accounts are not includible in gross [Order No. 109 (Rev. 1)] of the person or estate for whom he acts) income until maturity or termination, ASSISTANT REGIONAL COMMISSION for a taxable period or periods ended whichever occurs earlier, and that the prior to the date of agreement and re full amount of earnings on the deposit ERS (APPELLATE) ET AL. lated specific items affecting other tax or account will constitute gross income in Authority To Sign Agreements Deter able periods. the year the plan matures, is assigned, or mining Inapplicability of Exclusion 4. Regional Commissioners, Assistant is terminated, whichever occurs first. Regional Commissioners (Appellate), 8. The authority delegated herein 1. The authority granted to the Com Chiefs, Associate Chiefs, and Assistant does not include the authority to set missioner of Internal Revenue and to Chiefs, Appellate Branch Offices, are aside any closing agreement. District Directors by 26 CFR 301.7701-9 hereby authorized in cases under their 9. Authority delegated in this order and 26 CFR 1.963-6(0 to sign agree jurisdiction and in cases in which a clos may not be redelegated. ments determining that the exclusion ing agreement has been recommended for 10. Delegation Order No. 97 (Rev. 5), under section 963 of the internal Rev approval by the office of a District Direc issued June 25, 1969, is hereby enue Code of 1954 does not apply to tor (but excluding cases docketed before superseded. United States shareholders for certain taxable periods due to their failure to the Tax Court of the United States) to Date of issue: October 20,1969. enter into and approve a written agree receive minimum distributions is hereby ment with any person relating to the in Effective date: October 20, 1969. delegated to the following officials: ternal revenue tax liability of such person [ seal] R andolph W. T hrower, (a) Assistant Regional Commissioners (or of the person or estate for whom he Commissioner. (Appellate) acts) for a taxable period or periods (b) District Directors, ended prior to the date of agreement and [F.R. Doc. 69-12703; Filed, Oct. 22, 1969; (c) Director of International Opera related specific items affecting other tax 8:49 a.m.] tions, able periods. (d) Chiefs, Appellate Branch Offices, 5. Regional Commissioners, Assistant [Order No. 107 (Rev. 1) ] (e) Associate Chiefs, Appellate Branch Regional Commissioners (Appellate), Offices, Chiefs, Associate Chiefs, and Assistant ASSISTANT REGIONAL COMMISSION (f) Assistant Chiefs, Appellate Branch Chiefs, Appellate Branch Offices, are ERS (APPELLATE) ET AL. Offices, hereby authorized in cases under their Authority To Determine That Certain (g) Assistant District Directors, jurisdiction docketed in the Tax Court of (h) Assistant Director of Interna the United States to enter into and ap “Savings Institutions’’ Do Not In tional Operations, prove a written agreement with any per tend To Avoid Taxes by Paying (i) Chiefs of District Audit Divisions, son relating to the internal revenue tax Dividends or Interest for Periods and liability of such person (or of the person Representing More Than 12 Months (j) Chief of Audit Division, Office of or estate for whom he acts) but only in International Operations. respect to related specific items affecting 1. The authority granted to the Com 2. This authority may be redelegated other taxable periods. missioner of Internal Revenue under 26 only by District Directors and the Di 6. The Director of International Oper CFR 1.461-1 (e) (3) (ii) to determine that rector of International Operations, who ations is hereby authorized to enter into an organization referred to therein does may redelegate to the Chief of Review and approve written agreements with not intend to avoid taxes (and therefore Staff (or to the Chief of Technical any person relating to the internal reve be permitted to deduct one-tenth of the Branch where that position has been nue tax liability of such person (or of amount of dividends or interest not al established) and Chief of Conference the person or estate for whom he acts) lowed as a deduction for a taxable year Staff. for a taxable period or periods ended under 26 CFR 1.461-l(e) (1) in each of 3. This order supersedes Delegation prior to the date of agreement and re 10 succeeding taxable years) is hereby Order No. 109 issued February 11, 1969. lated specific items affecting other tax delegated to the following officials: able periods, as the competent authority (a) Assistant Regional Commissioners Date of issue: October 20, 1969. in the administration of the operating (Appellate), Effective date: October 20, 1969. provisions of the tax conventions of the (b) District Directors, United States. He is also authorized to (c) Director of International Opera [seal] R andolph W. T hrower, enter into and approve a written agree tions, Commissioner.. ment with any person relating to the (d) Chiefs, Appellate Branch Offices, [F.R. Doc. 69-12705; Filed, Oct. 22, 1969; internal revenue tax liability of such per (e) Associate Chiefs, Appellate Branch 8:50 a.m.] son (or of the person or estate for whom Offices, he acts) to provide for the mitigation of (f) Assistant Chiefs, Appellate Branch economic double taxation under sec Offices, tion 3 of Revenue Procedure 64-54, C.B. (g) Assistant District Directors, and DEPARTMENT OF DEFENSE 1964- 2, 1008, and under Revenue Pro (h) Chiefs of District Audit Divisions. Department of the Army cedure 69-13,1.R.B. 1969-14, and to enter 2. This authority may be redelegated STATEMENT OF ORGANIZATION into and approve a written agreement only by District Directors and the Direc providing for such mitigation and relief tor of International Operations, who AND FUNCTIONS under Revenue Procedure 65-17, C.B. may redelegate to the Chief of Review Description of Central and Field 1965- 1, 833. Staff (or to the Chief of Technical Ag encies 7. District Directors of Internal Reve Branch where that position has been nue are hereby authorized in cases under established) and Chief of Conference Section 3 of the Statement of Organi their jurisdiction to enter into and ap Staff. zation and Functions, appearing at 32 prove a written agreement with any per 3. This order supersedes Delegation F.R. 13016-13028, September 13, 1967, is son to provide that the internal revenue Order No. 107 issued August 15, 1968. amended by revising paragraph (d), U.S. tax liability of such person (or of the Army Strategic Communications Com person or estate for whom he acts) with Date of issue: October 20, 1969. mand, to read as follows: respect to the taxability of earnings from Effective date: October 20, 1969. S ec. 3. Major Army Field Com a deposit or account of the type described mands. * * * in Revenue Procedure 64-24, C.B. 1964-1 [seal] R andolph W. T hrower, (d) U.S. Army Strategic Communica (Part 1), 693, opened prior to Novem Commissioner. tions Command— (1) Purpose. This ber 15, 1962, will be determined on the [F.R. Doc. 69-12704; Filed, Oct. 22, 1969; paragraph sets forth the mission and basis that earnings on such deposits 8:50 a.m.] principal functions of the Commanding FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17204 NOTICES General, U.S. Army Strategic Communi (iv) Provide central direction and selection, electronic environment sur* cations Command (CGUSASTRAT coordination of leasing of communica veys, and determination of facility, COM), and prescribes command and staff tions for the Army. power, and other construction require relationships with higher and collateral (v) Provide management functions ments including those pertaining to site echelons. and technical direction for telecommu acquisition, equipment, selection, and (2) Definitions. Terms used in this nications systems in oversea areas in preparation of technical specifications, paragraph are defined as follows: support of Federal agencies and foreign (iii) Serve as the principal point of (i) New systems are facilities and governments as assigned. contact in the field as to status of life equipment which involve new modes of (vi) Provide radio propagation tech cycle actions on approved DCS (Army) communication or determination of nical services to the Military services and and assigned Army communications feasibility of proposed conceptual solu other Government agencies as directed. projects. tions to communications problems which (vii) Direct Army combat develop (iv) Perform direct and general sup require a research and development ment activities relating to DCS (Army) port maintenance for new and extension effort and research, development, test, communications in continental United DCS (Army) installed communications and evaluation funds. States and assigned Army communica facilities as required. (ii) Extension systems are facilities tions as outlined in this paragraph, co (v) Provide communications-electron- and equipment which concern extensions, ordinating as appropriate with the Com ics services as directed to support De modifications, expansions, and additions manding General, U.S. Army Combat partment of the Army and other Federal of existing facilities and systems which Developments Command. Provide advice agencies, forces, or representatives com are procured with other than research, and assistance to the Commanding Gen mitted in domestic disturbance opera development, test, and evaluation funds. eral, U.S. Army Combat Developments tions in continental United States. (iii) The term “DCS (Army)*’ means Command with respect to his responsi (vi) Provide DCS extension and re that portion of the Defense Communica bility for combat development activities sterai communications during con tions System (DCS) for which respon relating to communications peculiar to tingency and emergency operations, in sibility has been assigned to the United the Theater Army Communications Zone. cluding support of unified and specified States Army and further assigned to (viii) Exercise commodity manage commanders when such tasks are as USASTRATCOM. ment of communications security ma signed to the Army. (iv) The term “assigned Army com teriel consisting of communications (vii) Develop* standards and practices munications” means all Army communi security equipment, aids, and design con for Army-wide leasing of communica cations, other than those that are trolled repair partis, except as assigned tions equipment, systems, and services; portions of the Defense Communications to the Commanding General, U.S. Army and arrange for all leased communica System (DCS), which have been specif Materiel Command; and provide logis tions required to support USASTRAT ically assigned to USASTRATCOM. tics support to Army component com COM responsibilities. Army communications includes commu mands or unified commands as assigned. (viii) Provide area frequency coordi nications and warning systems for civil (ix) Command subordinate com nators in support of Department of the defense in the continental United States. mands, installations, and activities as Army frequency management respon (v) Communications security logistics may be assigned by Headquarters, De sibilities. deals with requirements computation, partment of the Army; plan and pro (ix) Engineer and operate radio fre acquisition, cataloging, stock control, gram for and supervise utilization of re quency monitoring facilities to support distribution, storage, and disposal of sources for accomplishing USASTRAT Department of the Army frequency communications’ security equipment, COM basic and support mission, func management activities as assigned; and aids, and design controlled repair parts; tions, and responsibilities; budget and conduct field spectrum measurements accounting for communications security fund for financial resources as specified and radio frequency interference, radio materiel; maintenance engineering; in AR 37-1 ; provide base operation sup frequency hazard, and radio propaga maintenance and supply management port and other support to Department tion path surveys. and support of communications security of the Army activities which are tenants (x) Provide audiovisual support as equipment; technical assistance; and of or satellited on USASTRATCOM in assigned. new equipment introduction and train stallations or facilities; and satellite (xi) Provide Headquarters, Depart ing. USASTRATCOM activities on other ment of the Army with qualitative (3) Mission. The mission of the facilities for all or a portion of required and quantitative personnel requirements CGUSASTRATCOM, a major field com base operation support when it is more information. mander of the Department of the Army, economical. (xii) In coordination with the Com is to— (4) Principal functions. The principalmanding General, UJS. Continental (i) Engineer, install, operate, and functions of the CGUSASTRATCOM Army Command, program, fund for, and maintain DCS (Army) and assigned are— allocate fixed-plant communication Army communications. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17205 Agency for International Development Army Materiel Plan and within author (n) Provide design-controlled repair as directed. ized reprograming authority. parts in support of military assistance (xvi) Provide support to the DA Com (xxviii) Provide disposition instrucsales and grant aid programs. mand Control System. tions for property excess to new systems (o) Monitor and evaluate the status (xvii) Provide technical support to the and extension systems. of communications security materiel Office of Civil Defense communications (xxix) Perform the following functions readiness within the Army. Conduct ma and warning programs. as Army Commodity Manager for com teriel readiness visits to major com (xviii) Furnish contracting officer’s munications security material; mands and units. representatives for contracts for pro (a) Provide technical guidance and (p) Participate in preparation and re curement of new systems, operation and assistance to the Army on communica view of qualitative materiel requirements maintenance of extension systems, train tions security logistics matters and assist and small development requirements in ing on new systems, nonpersonal serv in development and review of concepts volving communications security mate ices, and USASTRATCOM peculiar and studies which concern the functions riel for inclusion of optimum maintain materiel utilized in DCS (Army) and of communications security logistics in ability and reliability factors. assigned Army communications. Admin the Army in the field. (q) Coordinate with the U.S. Army ister contracts overseas for communica- (b) Operate the communications se Combat Developments Command and the tions-electronics equipment and systems. curity National Inventory Control Point U.S. Army Materiel Command on test (xix) Perform on-site user test and with responsibility for cataloging direc planning and assist the U.S. Army Ma evaluation to insure compliance with tion, requirements computation, procure teriel Command as required in test and Defense Communications Agency (en ment direction, supply and distribution evaluation of tactical communications gineering and installations) standards management, overhaul direction, and security equipment; and perform onsite prior to final acceptance of communica disposal direction. test and evaluation of communications tions equipment and systems utilized for (c) Operate the communications se security equipment used in DCS (Army) DCS (Army) purposes. curity National Maintenance Point with and assigned Army communications sys (xx) Formulate and recommend to responsibility for maintenance engineer tems as directed. Commanding General, U.S. Army Com ing, management and support planning, (r) Monitor research and development bat Developments Command materiel ob maintenance publications, provisioning, of communications security equipment jectives and requirements in assigned new equipment training, technical assist for long-range budgeting, programing, areas of responsibility and participate in ance, and product improvement. and maintenance support planning. other combat development activities re (d) Operate the Army communications (s) Initiate communications security lating thereto. security depot as part of the communica equipment-type classification and reclas (xxi) Assist and make recommenda tions security materiel wholesale supply sification actions in accordance with AR tions to Commanding General, U.S. Army and maintenance system. 700-20. Combat Developments Command in de (e) Operate the Army Central Office of (f) Participate in review of existing velopment of doctrine and related Basis Record for positive and continuous ac military occupation specialties and de of Issue plans, Tables of Organization counting of all accountable communica velopment of new military occupation and Equipment, Tables of Distribution tions security materiel within the Army. specialties pertaining to maintenance of and Allowance, and other authorization (/) Manage the communications se equipment and communications security documents pertaining to assigned com curity materiel portion of The Army accounting. munications responsibilities; and provide Equipment Records System program and (w) Coordinate with U.S. Army Ma recommendations on materiel develop maintain a Central Data Bank. teriel Command to provide guidance and ments of communications systems to sup (g) Prepare communications security technical direction in the execution of port the Army in the field. logistics and maintenance support plans the communications security calibration (xxii) Conduct user test and evalu as directed. program; and prepare and publish De ation of commercial communications (h) Prepare PEMA programs for com partment of the Army calibration stand equipment to determine suitability for munications security materiel and com ards and procedures for test, measuring, use in DCS (Army) communications and munications security material portion of and diagnostic equipment peculiar assigned Army communications. the Army Materiel Plan. to support of communications security (xxiii) Initiate type-classification and (i) Prepare the communications se equipment. reclassification actions on communica curity logistics annex to U.S. Army Ma (5) Command and staff relationships. tions equipment used in USASTRATCOM teriel Command Contingency Support The CGUSASTRATCOM is under the fixed and mobile installations in accord Plans. supervision of the Chief of Staff, U.S. ance with AR 700-20. ( j ) Provide technical review comments Army. Directives, authorities, policy (xxiv) Perform using service functions on Basis of Issue plans, Tables of Or planning and programing guidance, ap relating to design and construction of ganization and Equipment, Tables of proved programs, and resource alloca facilities for extension systems. Distribution and Allowance, Modifica tions are issued to CGUSASTRATCOM (xxv) Coordinate with the Command tion Tables of Organization and Equip by the Chief of Staff, U.S. Army. ing General, U.S. Army Materiel Com ment, Modification Tables of Distribu (6) Other relationships, (i) The US mand for acquisition of materiel assets tion and Allowances, Army Communica ASTRATCOM and other major Army for new and extension DCS (Army) and tions Development Projects, and other commands are coordinate elements of the assigned Army communications, and authorization documents involving com Continental United States and other munications security materiel. Department of the Army. The CGUS special communications systems assigned (fc) Coordinate with appropriate U.S. ASTRATCOM is authorized to communi to USASTRATCOM. Army Materiel Command Project Man cate directly with other Army command (xxvi) Manage and control materiel agers and Commodity Managers to ers with respect to matters of mutual and facility resources acquired solely to insure compatibility of life cycle man ‘interest. agement milestones related to communi support DCS (Army) communications (ii) In overseas areas one overall sup and assigned Army communications to cations and associated communications include control of issue of assets and security equipment. port agreement will cover USASTRAT determination of priorities for distribu (Z) Direct distribution of communica COM/component relationships in each tion once this materiel has been released tions security materiel in accordance theater. Local level agreements will to USASTRATCOM control. with distribution plans, established not be required except under special (xxvii) Develop detailed annual and priorities and, where applicable, deci conditions. sions of the Department of the Army midrange equipment and systems pro Distribution and Allocation Committee. (iii) The CGUSTRATCOM— curement lists for DCS (Army) and as (m) Provide supply and maintenance (a) Is the principal point of contact signed Army communications in accord technical assistance support of commu within the Army for dealing with ance with appropriate portions of the nications security equipment. the Director, Defense Communications FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17206 NOTICES Agency, on communications operational P r i n c i p a l M e r i d i a n , M o n t a n a matters and related matters as directed. DEPARTMENT OF THE INTERIOR (5) Will provide U.S. Army Materiel T. 21 N., R. 29 E., Bureau af Land Management Sec. 6, lots 5, 6, and 7, SW%NE%, SEW Command timely information for as NW%, Ey2SW4 , W^SE%, and SEW signed functional support of U.S. Army [Montana 13997] SE%. Materiel Command on a priority basis as T. 21 N., R. 30 E„ required for life cycle management of MONTANA Sec. 6, lots 1, 2, 3, 4, 5, and 6, S^NE^, SE14 NW14, Ei/2SWi/4, and SE&; materiel. Notice of Proposed Withdrawal of (c) Will coordinate with U.S. Army Sec. 9, SE%NEi4, N%8%, Sy2SW%, and Mineral Interest SWfjjSl?$4; Materiel Command, as provided in AR Sec. 18, Lots 1 and 2; 10-11, on acquisition of materiel assets October 16, 1969. Sec. 21, wy2w y2, SE14NW14, and NEW for communications systems that are the The Bureau of Sport Fisheries and sw y4; responsibility of USASTRATCOM. Sec. 28, W^NWy4; (d) Will coordinate with U.S. Army Wildlife of the Fish and Wildlife Service Sec. 33, JE% and E^SW]4. Combat Developments Command with filed an application, serial number T. 22 N„ R. 30 E„ regard to developing materiel objectives Montana 13997 for the withdrawal of Sec. 14, NW'/4NEy4) Ey2wy2, WfcSE% and and qualitative requirements for new minerals in lands described below from SW14SW14; prospecting, location, and entry under Sec. 15, SE%SEy4; systems having dual applicability to both the mining laws (30 U.S.C. ch. 2), but not Sec. 22, N14NE14, SE»4WB%, and NEW tactical and fixed-plant situations. from leasing under the mineral leasing SE%; (e) Will provide necessary interface laws, subject to valid existing rights. Sec. 23, w y2w y2, and SB%SW%; between the DCS, Theater Army Com Sec. 26, SW&NEfc. Wy2, Wy2SEy4, and munications System, and Theater Army The lands have been acquired by the SE 4SE 4; United States under the authority of the Sec. 35, Ny2NE%. major tactical maneuver force(s) as Migratory Bird Conservation Act of required. February 18, 1929 (45 Stat. 1222), as The above described lands aggregate (/) When operating in the area of amended, as part of the UL Bend Na 3,387.77 acres in Phillips County, Mont. oversea unified commands, will be re tional Wildlife Refuge. The United States sponsible for provision of appropriate E ugene H. N ewell, retained the mineral interests in these Land Office Manager. assistance to the Army component com lands when they were originally pat-, mands in preparation, coordination, and ented. This proposed withdrawal will [F.R. Doc. 69-12637; Filed, Oct. 22, 1969; execution of communications aspects of prevent the exercise of the mining laws 8:45 a.m.] Theater War and Contingency Plans. which otherwise might jeopardize an The USASTRATCOM theater organiza area to be intensively developed with tion is commanded by CGUSASTRAT public funds for migratory waterfowl. Fish and Wildlife Service COM through USASTRATCOM chan For a period of 30 days from the date [Docket No. B-474] nels. To assure full responsiveness to of publication of this notice, all persons theater requirements as expressed who wish to submit comments, sugges WILLIAM S. BAKER through the Army component com tions, or objections in connection with Notice of Loan Application mander, the USASTRATCOM theater the proposed withdrawal may present organization will be under the operational their views in writing to the undersigned October 17, 1969. control of the Army component com officer of the Bureau of Land Manage William S. Baker, 393 Newtonville mander. The USASTRATCOM theater ment, Department of the Interior, 316 Avenue, Newtonville, Mass. 02160, applied organization will include all Army Signal North 26th Street, Billings, Mont. 59101. for a loan from the Fisheries Loan Fund troops above field Army/field force or The Department’s regulations (43 CFR to aid in financing the purchase of a used the largest tactical maneuver force, 2311.1-3(c)) provide that the authorized 79.5-foot registered length wood vessel except air defense supply and mainte officer of the Bureau of Land Manage to engage in the fishery for flounder, nance signal units; will include post, groundfish, lobster, and scallops. camp, and station communications; and ment will undertake such investigations Notice is hereby given pursuant to the may include communications security as are necessary to determine the exist provisions of Public Law 89-85 and Fish logistics units when assigned. The senior ing and potential demand for the lands eries Loan Fund Procedures (50 CFR USASTRATCOM commander will serve and their resources. He will also under Part 250, as revised) that the above en concurrently as the Deputy or Assistant take negotiations with the applicant titled application is being considered by Chief of Staff, Communications-Elec- the Bureau of Commercial Fisheries, Fish tronics, on the Army component com agency with the view of adjusting the application to reduce the area to the and Wildlife Service, Department of the mander’s staff (dual status). This Interior, Washington, D.C. 20240. Any arrangement may be extended below minimum concurrent utilization of the component level by mutual agreement of lands for purposes other than the appli person desiring to submit evidence that commanders concerned; in such cases cant’s, to eliminate lands needed for pur the contemplated operation of such ves sel will cause economic hardship or in efficiency report rating will be done in poses more essential than the applicant’s, component channels and indorsing in and to reach agreement on the concur jury to efficient vessel operators already USASTRATCOM channels. operating in that fishery must submit rent management of the lands and their (g) Will exercise sufficient technical such evidence in writing to the Director, control over the USASTRATCOM the resources. Bureau of Commercial Fisheries, within ater organization to insure adherence to The authorized officer will also prepare 30 days from the date of publication of established standards and procedures a report for consideration by the Secre this notice. If such evidence is received and to insure responsiveness to global tary of the Interior who will determine requirements of the Chief of Staff, U.S. whether or not the lands will be with it will be evaluated along with such Army, and to operational direction and other evidence as may be available before management of the Defense Communi drawn as requested ,by the Bureau of cations Agency. Sport Fisheries and Wildlife. making a determination that the con templated operations of the vessel will For the Adjutant General. The determination of the Secretary on the application will be published in the or will not cause such economic hardship H arold S haron, or injury. F ederal R egister. A separate notice will Chief, Legislative and Precedent C. E. P eterson, Branch Management Division, be sent to each interested party of record. Chief, TAGO. If circumstances warrant, a public Division of Financial Assistance. [F.R. Doc. 69-12682; Filed, Oct. 22, 1969; hearing will be held at a convenient time tF.R. Doc. 69-12641; Filed, Oct. 22, 1969; 8:48 a.m.] and place, which will be announced. 8:46 a.m.] FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17207 Office of the Secretary that system, and by prescribing the * * * To classify and formally desig methods by which and standards ac nate those portions of the Rio Grande RIO GRANDE NATIONAL WILD AND cording to which additional components River and the Red River included within SCENIC RIVER, NEW MEXICO may be added to the system. the prescribed boundaries of the Na Notice of Boundaries, Classification A wild, scenic, or recreational river tional Wild and Scenic Rivers System as area eligible to be included in the sys either, (1) Wild River Area, (2) Scenic and Development Plans tem is a free-flowing stream and the River Area, (3) Recreational River Area. October 1,1969. related adjacent land area that posses * * * To identify developments need The following is the plan for develop ses one or more of the values referred to ed to administer the river in accordance ment, operation, and management of in section 1, subsection (b) of this Act. with such classification. Every wild, scenic, or recreational river * * * To insure that each component that segment of the Rio Grande River in its free-flowing condition, or upon to be administered by the Secretary of of the Rio Grand and Red River is ad restoration to this condition, shall be ministered in such manner as to protect the Interior through the Bureau of Land considered eligible for inclusion in the Management as stated in section 3(a) (4) and enhance the values which caused Public Law 90-542. National Wild and Scenic Rivers Sys these rivers to be included within the tem, and, if included, shall be classified, system. The segment, 52.75 miles in length, designated, and administered as one of extends from the Colorado State line the following: Physical Characteristics and Land downstream to the New Mexico State Wild River Area: Those rivers or sec Ownership. Four miles north of the Highway 96 crossing and includes the tions of rivers that are free of impound Colorado-New Mexico boundary, the Rio lower 4 miles of the Red River. The plan, ments and generally inaccessible except Grande enters a deep gorge bisecting the as required in section 3(b), Public Law by trail, with watersheds or shorelines lava-capped basin. This entrenchment 90-542, includes detailed boundaries, essentially primitive and waters unpol continues southward 70 miles before en classification of the segment by river luted. These represent vestiges of prim tering the Velarde valley near the village classes, and plans for the development itive America. of Embudo. The Wild River Area encom and administration of the segment in Scenic River Area: Those rivers or passes only that portion between the accordance with the river classification. sections of rivers that are free of im State line and the Taos Junction bridge, The lands administered by the Forest poundments, with shorelines or water about 50 river miles. Total drainage area Service, which comprise approximately sheds still largely primitive and shore is.7,000 square miles. 8.6 miles of the river-frontage, are in lines largely undeveloped but accessible The Rio Grande trough was formed by cluded in the plan. The Forest Service in places by roads. complex geologic processes involving up will retain administrative responsibilities Recreational River Area: Those rivers lift, faulting, and a series of overlapping on its lands and will manage those lands or sections of rivers that are readily andesite-basalt lava flows. Ute Mountain in accordance with the plan. accessible by road or railroad, that may and Cerro de la Olla, which extend above The plan with supplemental informa have some development along their these lava flows to elevations of 10,120 tion is available for public review in the shorelines, and that may have under and 9,450 feet are striking examples of following Bureau of Land Management gone some impoundment or diversion in extinct volcanoes. offices: the past. The Red River rises on the western Bureau of Land Management, Division of The agency charged with the adminis slopes of the Sangre de Cristo Mountains Recreation, Interior Building, Washington, tration of each component of the Na and contributes the only appreciable D.C. 20240. tional Wild and Scenic Rivers System flow of surface water to the Rio Grande Bureau of Land Management, New Mexico shall, within 1 year from the date of within the Wild River Area. The conflu State Office, Post Office and Federal Build this Act, establish detailed boundaries ence of the Red River with the Rio ing, Santa Fe, N. Mex. 87501. therefor (which boundaries shall include Grande occurs 18 miles northwest of Bureau of Land Management, Albuquerque Taos. Since the lower 4-mile portion of District Office, 1304 Fourth Street NW., an average of not more than 320 acres Albuquerque, N. Mex. 87107. per mile on both sides of the river); de Red River is deeply entrenched and has termine which o f the classes outlined in characteristics similar to those found in The boundaries, classifications, and section 2, subsection (b) of this Act, best the Rio Grande trench, it was included development plans here published shall fit the river or its various segments; and within the Wild River Area. take effect in accordance with section prepare a plan for necessary develop Width and depth of the Rip Grande 3(b) of the Act of October 2, 1968. ments in connection with its administra canyon are relatively uniform, being H arrison Loesch, tion in accordance with such classifica slightly shallower to the north. The wid Assistant Secretary, tion. Said boundaries, classification, and est and deepest portion is near the Rio Public Land Management. development plans shall not become Grande-Red River confluence. effective until 90 days after they have Average gradient of the Rio Grande The Plan for Development, Operation, been forwarded to the President of the within the Wild River Area is 22 feet per and Management of the R io G rande Senate and the Speaker of the House of mile. Total fall between the Colorado - National Wild and S cenic R iver Representatives. New Mexico State line and Taos Junc Summary. On October 2, 1968, Public Purpose of the Proposed Plan. The pur tion bridge is about 1,500 feet. Gradients Law 90-542 was enacted to provide for pose of the plan is to formulate the policy range from 12 feet per mile to 150 feet a.National Wild and Scenic Rivers Sys of the Department of the Interior as it per mile. Maximum drop in the canyon tem and for other purposes. pertains to the Rio Grande River and lies between the junctions of the Red It is declared to be the policy of the the Red River portions of the National River and a point 12 miles upstream near United States that certain selected riv Wild and Scenic Rivers System and to the mouth of Latir Creek. This 12- ers of the Nation which, with their im- present a plan of administration for that mile section has a total fall of 650 feet. fnediate environments, possess outstand segment of the river in accordance with It is on this stretch that the Arsenic ingly remarkable scenic, recreational, provisions of Public Law 90-542. Spring flows enter to create a magnifi geologic, fish and wildlife, historic, cul Objectives of the Proposed Plan. * * * cent fishery. tural, or other similar values, shall be To identify and describe the boundaries Riverbed and riverbed materials are Preserved in free-flowing condition, and of the Rio Grande and Red River por identical—predominantly basalt and that they and their immediate environ tions of the National Wild and Scenic other volcanic rocks. Jumbled masses of ments shall be protected for the benefit Rivers System. Included will be those large angular boulders and block lava and enjoyment of present and future areas which possess remarkable scenic, are common. Except for short passages, generations. recreational, geologic, fish, and wildlife, hiking along the riverbank is difficult. The purpose of this Act is to imple historic or other values which should be Numerous large, water polished boulders ment this policy by instituting a Na preserved and protected for the benefit and deep potholes in the riverbed re tional Wild and Scenic Rivers System, and enjoyment of present and future strict wading. These boulders are ex by designating the initial components of generations. tremely hazardous to waders. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 No. 204-----9 17208 NOTICES Land Ownership. In the upper Rio consistent with criteria set forth in sec T. 28 N„ R. 12 E., • tion 2(b) of the National Wild and Sce sec. 5, sy2swy4: Grande, there is a complex pattern of Sec. 6, lots 2, 3, SW&NE14, SE&NW^, land ownership. This pattern bears im nic Rivers Act. These river segments— NE1/4SW%, Ny2SEy4SW%, and SEi/4; portantly upon the classification, bound within the established boundaries as set Sec. 7, NE&NE^; aries, development, and management of forth in the Act—are free of impound sec. 8, w y2w y2NE}4, Ey2Nwy4, Nwy4 the Wild Rivers Area. ments and generally inaccessible except nwi/4, Ey2swi4Nwy4. Ey2swy4, Ey2wy2 The general categories of ownership by foot trail, with shorelines essentially SW»/4, and Wy2w y2SE%; are: Federal, State, private, and Indian. primitive and waters unpolluted. The Sec. 9, NE14NE14, Ei/aSW^NEy,, SEy4 NE%SWy4, Ei/aSE^SW^, wy2Nwy4 The Federal lands consist of public remainder is classified as recreational SE%, and NE%NW%SEy4; domain and National Forest. The public river because it is easily accessible by Sec. 10, SWy4SW‘/4NWy4 and Nwy4Nwy4 domain lands are administered by the Al automobile. sw y4; buquerque district of the Bureau of Land Sec. 16, NEy4NW»4, SWy4NWy4, and NWi/4 Management. The National Forest lands The following describes the proposed sw y4; are a part of the Carson National Forest. boundaries by legal subdivision, aggre sec. 17, wy2wy2NEy4, Ey2Nwy4, Ey2wy2 The Indian lands are administered by gating 16,880' acres, as follows: NW14, w y2sw y4Nwy4SW%, n e &s e ^, the Taos Tribal Council and the Bureau and Si/aSE^y Wild river______15,622 Sec. 18, Ey2Ey2SEi,4; of Indian Affairs. Recreational river_____ 1,258 Sec. 19,Ei/2Ey2 andEy2w y2Ey2; In the general category of private Sec. 20, Ny2NW%; lands, there are patented lands originat Total ______16,880 Sec. 29, portion west of river; ing from the public domain; patented Proposed Wild River Classification. (All Sec. 30, E y2 NE %, Ey2Wy2NEV4, NE % SE *4, lands originating from Royal Spanish lands except Carson National Forest.) and Ei/2w y2SEy4; land grants; and patented lands origi Sec. 3 1 , Wy2Ey2NEi/4, Ey2w y 2NEi/4, e >/2 nating from Mexican grants. Three such T. 32 N„ R. 11 E., SE 14, and E y2 NW % SE %; Sec. 24, lots 5 and 10; Sec. 32, portion west of river; grants are on the east bank of the Rio Sec. 25, lots 5, 6, 7, and 8; Grande and are within the boundaries Sec. 36, lots 5, 6, 7, 8, 9, and NE%SW%; Plus all other uridescribed land meander ing the west boundary of the Rio Grande. of the Wild River Area. They are: 420 acres in the Sangre de Cristo Grant The Sangre de Cristo Grant—granted meandering east boundary of the Rio Grande. T. 27 N„ R. 12 E., on December 30, 1843, by Manuel Armijo, Sec. 5, Wy2Wy2; Territorial Governor, to Luis Lee and T. 31 N„ R. 11 E., Sec. 7, Ey2Ey2 and w y2SE}4; Narciso Beaubien. Original area consisted Sec. 1, lots 4, 5, and 6; Sec. 8, NW%NWy4; of 228,636 acres in Taos County and 998,- Sec. 2, lots 7, 8, and 9; Sec. 17, wy2NWy4; Sec. 11, lots 2, 3, 4, 5, 6, 7, and 8; Sec. 18, Ei/2 and E^SWy4; 780 in Costilla County, Colo. Patent is Sec. 14, Ei/2; Sec. 19, wy2E% and E%W%; sued by the United States to family and Sec. 23, Ei/2 Ey2 and NW % NE %; Sec. 30, NWy4NE% and NE14NW&; heirs on December 20, 1880. Sec. 24, W y2W y2; Antonio Martinez de Godoi Grant— Sec. 25, S%SW%NEi4, NW%NW%, Sy2 Plus all other undescribed land meander granted on October 26, 1716, by Feliz N w y 4 , Ny2 N w y4 sw%, NEy4swy4, Ny2 ing the west boundary of the Rio Grande. Martinez, Governor and 'Capitan Gen SE 1 4 , and N y£S% SE i4; T.26N..R.11E., eral of the Royal Province of New Mex Sec. 26, Ei/2Ey2NEy4; Sec. 1, lots 1, 2, 5, 6, 7, SE^NW ^, NE»4 ico, to Francisco Martinez. Original area 250 acres of the Sangre de Cristo Grant SW y4, and SW% SW %; consisted of 61,605 acres in Taos County. meandering the east boundary of the Rio Sec. 12, lots 1,2, 3, and 4; Grande. Sec. 13, lots 1 and 2; Patent issued by the United States to Sec. 14, lots 1, 2, SEy4NEy4, and Wy&SE&; heirs on May 8, 1896. T. 31 N„ R. 12 E., Sec. 23, lots 1, 2, 3, 4, and W ^E^; Anton Leroux Grant (Los Luceros Sec. 30, lot 4 and SE^SW ^; Sec. 24, lot 1; Grant)—granted on August 12, 1742, by Sec. 31, lots 1, 3, 4, Ey2 Wy2, Wy2SW}4NE^, Sec. 25, lots 5, 6, 7, and 8; Gaspar Domingo de Mendoza, Governor and Wy2NWi/4SE}4. Sec. 26,Ey4Ey2; of the Royal Province of New Mexico, to T. 30 N„ R. 12 E„ Sec. 35, lots 1,2, and Ey2SE*4: Sec. 6, lots 3, 4, 5, 6, SE^NW^, and Ey2 Sec. 36, lots 5, 6, 7, and 8; Pedro V. de Santillana. Original area SWV4; consisted of 56,428 acres in Taos County. Sec. 7, W y2 w i/2 NE 1 4 , E14NW14, NEx/4SW!,4, 430 acres of the Anton Leroux Grant mean Patent issued by the United States to and SE14; dering the east boundary of the Rio Grande. heirs on August 1, 1911. These land Sec. 17, W y2W y2; T. 25 N., R. 11 E. . grants are unsurveyed (except for ex Sec. 18, Ey2 Ei/2 and Ey2 NW%NE»,4; Sec. 1, lots 1,2, 3,4,7, and 8; terior boundary lines). Sec. 19,Ey2Ey2; Sec. 12, lots 1,2,5, 6, 7, and 8; Sec. 20, WV^wy2; - Sec. 13, lots 1, 2, 3, and 4; There are two types of State land in Sec. 29, SWy4NWi4, Ny2SW»4, SE%SWy4, the area. One type is administered by the Sec. 23, Ei/2SEy4; and Wi/2Wy2SEi4; Sec. 24, lots 1,2, 3,4, and wy2NWy4; Commissioner of Public Lands. In this Sec. 30, NE^4 and NE%SEy4; Sec. 25, lots 1,2, 3, and 4; category are scattered sections of in- sec. 32, wy2wy2NEyi, Ey2NW^4, e ^ s w ^ Sec. 26, Ei/2NEy4. place “school land” and other parcels NWy4> Ei/2w y2sw>4, Ey2SW%, and w y2 containing several square miles of State Wy26E%. Proposed Recreational River Classification. land acquired through lieu selections and T. 29 N., R. 12 E., (All lands except Carson National Forest.) exchanges. These lands are subject to Sec. 4, SW^SW^; T. 27 N„ R. 12 E., Sec. 5, lots 2, 3, SW%NEy4, SE^NWy4, Ey2 Sec. 30, SW ^NE^, SE^NW ^, E^SW ^, State lease for specific uses such as graz NE^SW ^, and SE&; ing, public hunting and fishing, oil and and Wy2SEi4; Sec. 8, NE*4NEy4; Sec. 31, lots 1, 2, 3, 4, and N^NW ^: gas production or exploration. Sec. 9, lots 3, 4, 5, 6, Ny2 NW}4, and SWi,4; The second type of State lands are Sec. 16, lot 2 and one tract of unsurveyed 130 acres of the Anton Leroux Grant mean those patented to other departments or land in the NW% containing 69.92 acres; dering the east boundary of the Rio Grande. commissions of the State government. Sec. 17, lots 3, 4, 6, 7, 9, 10, and one tract of unsurveyed land in the E l/2 contain T. 27 N.,R. 11 E., These lands are in T. 28 N., R. 12 E. (Red ing 98.54 acres; Sec. 36, lots 5, 6, and 7. River Hatchery), patented to the New T. 25 N„ R. 11 E., Sec. 20, lots 1, 2, 3, 4, 6, 7, Ey2Wy2, SW^4 Sec. 35, lots 1, 2, 3, N ^N E^, SWy4NEy4, Mexico Department of Game and Fish; SW^i, and one tract of unsurveyed land and in T. 24 N., R. 11 E., patented under and Ny2SEV4; in the NE14 containing 16.38 acres; Sec. 36, lots 1 and 2. the Recreation and Public Purposes Act Sec. 29, Ny2 N w y4 , Ny2 s y 2 N w i4 , s y 2 sw y 4 T. 24 N„ R. 11E., to the New Mexico State Park and Rec NW14, sw^SEj4NWi4, wy2NEi4Swy4, Sec. 2, lots 1, 2, 5, 6, 7, SW ^NE^, and Wi4 reation Commission. and w y 2 s w y 4 ; Sec. 30, Ey2SEy4; SEi/4. Proposed Classifications of the Rio Sec. 31, Ey2NEi,4, EVfeNW^NE^, SW% Carson National Forest. Beginning at Grande Wild River Area. Classification of NE 1 4 , E1/2 SW 1 4 , Ny2 SEy4 , and s w y 4 98 percent of the Rio Grande and Red SE%; a point in the center of the Rio Grande River segments as Wild River Area is Sec. 32, W ^NW ^NW ^. on the section line between secs. 7 and FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17209 18, T. 27 N., R. 12 E., New Mexico Prin ter of the area against nibbling en In addition, limited private accom cipal Meridian; thence east along the croachment, however well-meaning. modations have been available season section line 0.16 mile to the east rim of A second obj ective will be correlation ally, principally at Cedar Springs and the Rio Grande canyon; thence north among agencies, both State and Federal, ranches scattered along the river. Pri easterly along the rim of the Rio Grande to insure that each wild river compo vate recreation facilities are now a sig canyon through the center of sec. 8, nent is administered to serve the same nificant resource. T. 27 N., R. 12 E., a distance of approxi end—preservation and enhancement of Development problems. An overall mately 0.68 mile; thence northerly ap the wild river values. problem is to develop the river’s potential proximately 0.50 mile to a point 0.07 mile The Bureau will\exclude, except under for recreation, and to do it in. the midst east of the quarter corner between secs. 5 certain prescribed conditions and for of extensive existing other land use, and 8, T. 27 N„ R. 12 E.,; thence northerly certain restricted purposes (as set forth ownership, jurisdictional, and physical through sec. 5, 1.04 miles to a point on in the proposed plan, Part II) , the use complexities. The task is to expand rec the section line between sec. 5, T. 27 N., of motorized equipment and aircraft reation as a use, and to keep it com R. 12 E., and sec. 32, T. 28 N., R. 12 E., within the boundaries of the Wild River patible with other uses. 0.28 mile west of the section corner com Area. Several ideas for recreation develop mon to secs. 4 and 5, T. 27 N., R. 12 E., The Bureau will provide recreation ment along the river are set forth in the and secs. 32 and 33, T. 28 N., R. 12 E. development and opportunities to the succeeding paragraphs. They stress a Thence northeasterly approximately extent needed to meet expected reason need for varying kinds of facilities and 0.28 mile to the northerly rim of Gar- able demands so long as such develop activities and for preservation of the rapata canyon; thence southwesterly to ment does not impair wild river qual river’s wild character. the rim of the Rio Grande; thence north ities. Facilities so provided will be of In general, as a prerequisite, scenic and erly along the rim of the Rio Grande first quality, but limited to simple camp access roads should be built along the crossing the section line between secs. 32 grounds, picnic areas, and supporting rims of the Rio Grande and Red River and 29 at a point 0.27 mile east of the facilities. Extensive development, if any, gorges. About 15 miles of new and up section corner common to secs. 29, 30, 31, should be outside the wild river bound graded access road are needed to provide and 32, T. 28 N., R. 12 E.; thence north aries. a loop from Cerro to the developed camp erly along the rim of the Rio Grande This area is considered a special man ing and picnicking areas along this canyon 1.03 miles to a point on the sec agement zone within the multiple-use stretch of canyon rim and thence to the tion line between secs. 20 and 29, T. 28 N., plan for the Questa Ranger District, all-weather highway at Questa. , R. 12 E., 0.30 mile east of the section oor- Carson National Forest. It will be man Also needed is a scenic drive of about ner common to secs. 19, 20, 29, and 30, aged to preserve the rivers in their na 9 miles along the west rim several miles T. 28 N., R. 12 E.; thence northeasterly tural, primitive condition. All public use to the south to connect the Rio Grande along the rim of the Rio Grande canyon of the area and the resources it contains gorge bridge with the Taos Junction, approximately 0.57 mile to a point due will be regulated and managed to this bridge. The road system would be the east of the confluence of the Rio Grande end. most • expensive proposed development and Red River; thence northeasterly 0.76 Existing Recreation facilities. Facili and would tie together almost all de mile to the section corner common to ties, trails, and roads that exist west of velopments proposed herein. secs. 16, 17, 20, and 21, T. 28 N., R. 12 E. Cerro on the Rio Grande near Questa The Bureau of Land Management Thence northeasterly 1.33 miles along were constructed by the Bureau of Land proposes also to build 66 camping and the rim of the Red River canyon to the Management under the Accelerated Pub picnicking units, drill two wells and east Vw corner of the section line between lic Works Act of 1962 (Public Law 87- equip them with water distribution sys secs. 9 and 16, T. 28 N., R. 12 E.; thence 658). Approximately $310,000 was spent tems; two visitor interpretive centers; northeasterly^ along the rim of the Red constructing roads, trails, and facilities overlooks, and 8 miles of foot trails along River canyon 0.95 mile to a point on the along the rim and in this area of the the Rio Grande and Red River canyons section line common to secs. 9 and 10, Rio Grande gorge by a work force of to supplement existing trails. T. 28 N., R. 12 E., 0.35 mile south of the 120 employees secured through the State The Forest Service proposes to con section corner common to secs. 3, 4, 9, Employment Office at Taos. struct 40 camping and picnicking units,- and 10, T. 28 N., R. 12 E.; thence easterly The present recreation area includes 16 miles of new foot trail," and recon along the rim of the Red River canyon 47 family units, each consisting of a struction of 3 miles of existing trail, plus and southeasterly along the rim of Lama shelter, table, and fireplace; 27 toilets; realignment of 6 miles of access roads. canyon for approximately 0.38 mile; 11 miles of foot trails; 4 miles of nature The New Mexico State Park and Rec thence northeasterly approximately 0.38 trails; 15 miles of access roads; five reation Commission proposes to develop mile to a point where the section line spring improvements; several foot 20 camping/picnicking units, water sys common to secs. 3 and 10, T. 28 N., bridges; and playground equipment. tem, sanitary facilities, and playgrounds R. 12 E., crosses Lama canyon, which is Rock masonry was used throughout the adjacent to the southern boundary of the approximately at the quarter corner of areas for tables, fireplaces, and trail Wild River Area. the section line between secs. 3 and 10; barriers. The trail system was built es The Taos Pueblo Indians have dis thence east along the section line be sentially by hand. Parts for river bank cussed the Wild and Scenic Rivers Act tween secs. 3 and 10, T. 28 N., R. 12 E., metal shelters and sand and cement and have indicated an interest in fur approximately 0.25 mile; thence north were carried to the bottom of the gorge ther discussion pf the provisions of the westerly 0.11 mile to the center of the by the workers and by horses. Act. After the Taos Pueblo governing Red River. On September 10, 1965, the 650-foot body has discussed the Act more Thence 3.79 miles southwest down the high Rio Grande gorge bridge was com thoroughly, they may feel it is to public center of Red River to the confluence pleted, connecting State Road 3 at Taos and Tribal advantage to administer cer with the Rio Grande; thence southerly with U.S. Highway 285 at Tres Piedras. tain portions of Taos Pueblo Indian land down the center of the Rio Grande 4.81 Some day the bridge is expected to be in accordance with aims of the Wild and miles to the point of beginning., £ come part of a re-routed U.S. Highway Scenic Rivers Act. Management objectives. Preservation 64 crossing northern New Mexico. The Minimum staffing needs. The BLM of a wild river jarea creates certain con New Mexico State Highway Department portion of the Wild River Area will be flicts as to immediate vs. long-term pres built eight excellent public picnic units operated and maintained by a competent sures for noncompatible resource uses. at the west end of the bridge. They con staff under the direction and supervision The Bureau of Land Management pro sist of native stone shelters, toilets, of the Albuquerque District Manager. poses to allow multiple wild river area trailer waste dump vault, and area light The staff should include at least three uses provided neither their short-range ing. A 720-foot well was drilled and supervisors and sufficient maintenance nor long-range impacts lessen the es and cleanup men. In the 5ff-mile long thetic and scenic values for which the equipped with electric pump and water area, most of these persons must be river was designated “wild.” The need distribution system. Total development mobile, regularly patrolling the de is great to guard the wild river charac cost to date exceeds $86,000. veloped sites. The following are estimates FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17210 NOTICES of minim vim BLM costs for annual op California be reopened unless it is for the consider eration and maintenance, equipment, and Beaumont Horse Market, Beaumont, Oct. 6, ation of matters not already adjudicated, development. 1969. and sufficient cause has been shown. Annual Recurring Costs______$55,000 K ansas Such petitions will not be ordinarily Operation and Maintenance (In Belleville Livestock Comm. Co., Inc., Belle entertained after the filing of the Com cluding salaries and related ex ville, Oct. 1, 1969. missioner’s brief in cases in which re pense for three permanent view has been sought under 35 U.S.C. recreation specialists and 68 man M i s s o u r i months of seasonal laborers, 141, or after trial in a 35 U.S.C. 145 case. Interstate Producers Livestock Association, In the case of an appeal under 35 supplies and vehicle expense). Marshall, Oct. 3, 1969. Equipment (one-time cost)______$13, 500 U.S.C. 141, if the petition is granted, steps (Including radio, wheel-type trac- • Utah will be taken to request the court to re tor and minimum office equip Beehive Horse Sale Corporation, Salt Lake mand the case to the Patent Office and ment.) . City, Oct. 8, 1969. if so remanded the proposed amend Headquarters building storage and ments, evidence, and arguments will be yards ______$60,000 Done at Washington, D.C., this 17th entered of record in the application file The management and administration day of October 1969. for consideration, and further action of this area by the U.S. Forest Service G. H. H opper, will be taken by the Board of Appeals in will not necessitate any increase in the Chief, Registrations, Bonds, and the first instance or by the examiner as present staffing of the Questa Ranger Reports Branch, Livestock may be appropriate. In the case of civil District. There will, however, be a need Marketing Division. action under 35 U.S.C. 145, steps will be for additional financing to extend em [F.R. Doc. 69-12694; Filed, Oct. 22, 1969; taken for obtaining dismissal of the ac ployment periods to cover the area’s in 8:49 a.m.] _ • -, tion without prejudice to consideration creased workload because of operation of the proposals. and maintenance of existing and ex William E. S chuyler, Jr., panded facilities. Commissioner of Patents. Personnel : DEPARTMENT OF COMMERCE 3 man months permanent, 8 man Approved: October 16, 1969. Patent Office months temporary______$5, 000 M yron T ribus, Maintenance, supplies, materials___ 3,500 CERTAIN CASES Assistant Secretary for Science & Technology. Estimated annual recurrent cost-__ 8, 500 Reopening After Decision, Board of [F.R. Doc. 69-12674; Filed, Oct. 22, 1969; P r o s p e c t i v e E xpenditures Appeals 8:48 a.m.] BUREAU OF LAND MANAGEMENT Effective with the date of this notice Recreation development______. $500, 000 the Commissioner of Patents will, on a (Including $5,000 for signs.) trial basis, entertain petitions under Road construction______1,310, 000 § 1.198 of Title 37, Code of Federal DEPARTMENT OF HEALTH, (Including 14 miles of new con Regulations (Patent Office Rule 198), to struction realignment and reopen certain cases in which an appli paving of 11 miles of existing cant has sought review under 35 U.S.C. EDUCATION, AND WELFARE road.) 141 or 145. This procedure is restricted Office of the Secretary Range improvements______14, 000 to cases which have been decided by the Land acquisition______60,000 HEALTH SERVICES AND MENTAL (1,425 acres in six separate par Board of Appeals and which are amend cels.) able to settlement without the need for HEALTH ADMINISTRATION U.S. FOREST SERVICE going forward with the court proceeding. Statement of Organization, Functions, Recreation development______191,500 Such petitions will ordinarily be granted (Including $5,500 for signs.) only in the following categories of oases: and Delegations of Authority Road construction______210,000 1. When the decision of the Board of Part 5 (Health Services and Mental Taos Tribe of Indians—Data not yet available. Appeals asserts that the rejection of the Health Administration) of the State [F.R. Doc. 69-12601; Filed, Oct. 22, 1969; claims is proper because the claims do ment of Organization, Functions, and 8:45 a.m.] not include a disclosed limitation or be Delegations of Authority for the Depart cause they suffer from some other cur ment of Health, Education, and Welfare able defect, and the decision reasonably (33 F.R. 15953, Oct. 30, 1968), is hereby is suggestive that claims including the amended with regard to Section 5-B, DEPARTMENT OF AGRICULTURE limitation or devoid of the defect will be Organization as follows: Packers and Stockyards allowable; After the paragraph under National Administration 2. When the decision of the Board of Center for Health Statistics (3E00), Appeals asserts that the rejection of the insert: HOPE LIVESTOCK COMMISSION CO. claims is proper because the record does ET AL. National Center for Family Planning not include evidence of a specified Services (3F00). Plans, directs, and co character, and is reasonably suggestive Posted Stockyards ordinates the family planning activities that if such evidence were presented, the of the Health Services and Mental Health Pursuant to the authority delegated appealed claims would be allowable, and Administration. Specifically: (1) Devel under the Packers and Stockyards Act, it is demonstrated that such evidence ops HSMHA policy on matters pertaining 1921, as amended (7 U.S.C. 181 et seq.), presently exists and can be offered; or to family planning activities; (2) devel on the respective dates specified below, 3. When the decision of the Board of ops long-range (5-year) family planning it was ascertained that the livestock Appeals is based on a practice, rule, law, program objectives and plans; (3) form markets named below were stockyards or judicial precedent which, since the within the definition of that term con Board’s decision, has been rescinded, re ulates guidelines governing the prepara tained in section 302 of the Act, as pealed, or overruled. tion of annual family planning programs amended (7 U.S.C. 202), and notice was Any such petition must be accompa and reviews those programs on behalf of given to the owners and to the public nied by the proposed amendment, evi the Administrator; (4) administers fam by posting notices at the stockyards as dence, or argument said to justify allow ily planning project grant activities of required by said section 302. ance of the claims. The petition further the Health Services and Mental Health Name, and location of stockyard, and date must point out how the case falls within Administration; (5) administers extra of posting one of the preceding categories. Failure to do so or failure of the case to qualify mural research and training activities , Arkansas as coming within one of the categories incidental to family planning activities Hop© Livestock Commission, Hope, Oct 6, will usually constitute basis for denying of the Administration; (6) coordinates, 1969. the petition. In any event, no case will through Regional Office family planning FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 2 3 , 1 9 6 9 NOTICES 17211 representatives, the provision of tech New Jersey______. 3797 cial nuclear, byproduct and source nical assistance in family planning to New Mexico______. 6632 materials from the HTGR. New York______.3411 The Commission has found that the State and local health organizations and North Carolina______. 6326 to interested private organizations and North Dakota------. 6232 application for the amendment, as institutions; (7) serves as a national Ohio ______, 5017 amended, complies with the requirements clearinghouse for family planning in Oklahoma ______?______. 5648 of the Atomic Energy Act of 1954, as formation and data; and (8) coordi Oregon ______. 5026 amended (“the Act”) , and the Commis nates family planning activities of the Pennsylvania______>>------.4713 sion’s regulations published in 10 CFR, Health Services and Mental Health Rhode Island______• 4381 Chapter I, and that the issuance of the Administration with those of other com South Carolina______. 6667 amendment will not be inimical to the South Dakota______. 6157 common defense and security or to the ponents of the Department, other depart Tennessee ___ ;______. 6247 ments and agencies, and interested pri Texas ___ ;______. 5903 health and safety of the public. vate organizations and institutions. Utah ______. 6426 Within 15 days from the date of Vermont ______. 5640 publication of the notice in the F ed Dated: October 15, 1969. V irg in ia ______. 5625 eral R egister, the applicant may file a R obert H. P inch, Washington ______. 4667 request for a hearing and any person Secretary. . West Virginia______. 6344 whose interest may be affected by this Wisconsin ______s:______. 5193 proceeding may file a petition for leave [F.R. Doc. 69-12634; Filed, Oct. 22, 1969; Wyoming ______. 5636 to intervene. Requests for a hearing and 8:46 a.m.] District of Columbia______. 3333 petitions to intervene shall be filed in ac Dated; October 17, 1969. cordance with the Commission’s rules of Office of Education practice in 10 CFR Part 2. If a request J ames E. Allen, Jr., for a hearing or a petition for leave to FEDERAL FINANCIAL ASSISTANCE FOR Assistant Secretary,. interevene is filed within the time pre Commissioner of Education. STRENGTHENING INSTRUCTION IN scribed in this notice, the Commission [F.R. Doc. 69-12686; Filed, Oct. 22, 1969; will issue a notice of hearing or an ap CRITICAL SUBJECTS 8:48 a.m.] propriate order. Allotment Ratios For further details with respect to this amendment, see (1) the licensee’s appli Allotment ratios under title HI, Na cation for license amendment dated tional Defense Education Act of 1958, ATOMIC ENERGY COMMISSION July 30, 1969, and supplement dated for financial assistance for strengthen September 18,1969, and (2) the amended ing instruction in science, mathematics, [Docket No. 50—240] facility license which are available for modem foreign languages, and other GULF GENERAL ATOMIC INC. public inspection at the Commission’s critical subjects. Public Document Room at 1717 H Street Pursuant to section 302 of the Na Notice of Issuance of Amended NW„ Washington, D.C. Copies of item tional Defense Education Act of 1958 Facility License (2) above may be obtained at the Com (20 U.S.C. 442), the following allotment mission’s Public Document Room, or The Atomic Energy Commission (the upon request addressed to the Atomic ratios for the several States of the Union Commission) has issued, effective as of Energy Commission, Washington, D.C. and the District of Columbia, as com the date of issuance, Amendment No. 3 20545, Attention: Director, Division of puted on the basis of the income per to Facility License No. R-104 dated Reactor Licensing. child of school age in each of the States September 8, 1966. The license presently of the Union and the District of Colum authorizes the Gulf General Atomic Inc. Dated at Bethesda, Md., this 15th day bia in relation to the whole of the United to possess, use, and operate the Modified of October 1969. States for the calendar years 1965, 1966, HTGR Critical Facility located at the For the Atomic Energy Commission. and 1967, being the three most recent Torrey Pines Mesa site near San Diego, Calif., at power levels up to 100 watts Donald J. Skovholt, consecutive years for which satisfactory (thermal). The amendment authorizes Assistant Director for Reactor data were available as of August 31,1968, Gulf General to ,41) partially dismantle Operations, Division of Reac from the Department of Commerce, are the facility, (2) to possess, but not op tor Licensing. hereby promulgated for each of the 2 erate, the deactivated facility, and (3) [F.R. Doc. 69-12629; Filed, Oct. 22, 1969; fiscal years in the period beginning July possess, but not use, the special nuclear, 8:45 a.m.] 1, 1969, and ending June 30, 1971. byproduct and source materials formerly .6667 used in connection with operation of the Alabam a______[Docket No. 50-237] A laska______.4882 facility. Arizona______. 6008 By application dated July 30,1969, and COMMONWEALTH EDISON CO. Arkansas_,____ . 6638 supplement dated September 18, 1969, California_____ .4011 Notice of Proposed Issuance of Colorado______.5302 the Gulf General Atomic Inc. requested Connecticut_— .3469 (1) authorization to partially dismantle Provisional Operating License Delaware______.4361 the Modified HTGR Critical Facility in The Atomic Energy Commission (the Florida ______.5321 accordance with the procedures set forth Commission) is considering the issuance Georgia------.6188 in their application, and (2) an amend of a provisional operating license to Hawaii ______.5258 ment to License No. R-104 to authorize Idaho______.6200 Commonwealth Edison Co. (Common possession, but not operation, of the wealth Edison) which would authorize Illinois ______. 3906 facility. The fuel will be removed and Indiana______.5012 the licensee to possess, use, and operate Iowa ______.5053 stored in the storage vault in accordance the Dresden Nuclear Power Station Unit Kansas______.5201 with procedures which have previously 2 (Dresden 2), a single cycle, boiling, K en tucky_____ .6284 been reviewed and approved by the Com light water reactor, on Commonwealth L ouisiana__ __. .6537 mission. License conditions will limit the Maine ______.5799 geometry and material in the fuel stor Edison’s site in Grundy County, 111., at Maryland _____ .4683 age racks such that the kef* will be steady state power levels not to exceed Massachusetts . .4086 equal to or less than 0.80 if submerged in 2527 megawatts (thermal), in accord M ich ig a n __ __. .4895 water. ance with the provisions of the license Minnesota l ____ .5407 Mississippi - ___ .6667 Therefore, there is reasonable assur and the Technical Specifications ap Missouri ______.5051 ance that the health and safety of the pended thereto. Construction of Dresden Montana __ ,__ . 5881 public will not be endangered by the 2 was authorized by Provisional Con Nebraska _____ .5148 Nevada ______.4083 proposed dismantling of the HTGR and struction Permit No. CPPR-18 issued by New Hampshire. .5129 the storage of the component parts, spe the Commission on January 10, 1966. FEDERAL REGISTER,' VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17212 NOTICES The Commission has found that the cation for a facility license dated No agreements indicated, are adverse to the application for the facility license (as vember 17, 1967, as amended (Amend public interest or in violation of the Act: amended) complies with the require ments Nos. 7 through 20), (2) the Agreement IATA resolution ments of the Atonde Energy Act of 1954, report of tile Advisory Committee on Re 21262: as amended (the Act), and the Com actor Safeguards on the application for T?_1 . JT12 (Mail 710) 534a. mission’s regulations published in 10 Dresden 2, dated September 10,1969, (3) ja_a JT12 (Mail 710) 534b. T?-it . JT23(Mail 224)535. CFR, Chapter 1. the proposed provisional operating li T?_4 JT31 (Mail 165) 526a. Prior to issuance of the provisional cense including Technical Specifications T?~-R . JT31 (Mail 165) 536b operating license, the facility will be in attached as Appendix A, and (4) a re 21263______200 (Mail 925)501. lated safety evaluation prepared by the spected by the Commission to determine Accordingly, it is ordered, That: whether it has been constructed in ac Division of Reactor Licensing, all of cordance with the application, as which will be available for public inspec Action on Agreements CAB 21262, R-l amended, and the provisions of Provi tion at the Commission’s Public Docu through R-5, and 21263 be and hereby sional Construction Permit No. CPPR- ment Room, 1717 H Street NW., is deferred with a view toward eventual 18. The license will be issued after the Washington, D.C. Copies of items (2) approval. Commission makes the findings, reflect and (4) above may be obtained at the Persons entitled to petition the Board ing its review of the application, which Commission’s Public Document Room or for review of this order, pursuant to the áre set forth in the proposed license, and upon request addressed to the Atomic Board’s regulations, 14 CFR 385.50, may, concludes that the issuance of this li Energy Commission, Washington, D.C. within 10 days after the date of Service cense will not be inimical to the com 20545, Attention: Director, Division of of this order, file such petitions in sup Reactor Licensing. port of or in opposition to our proposed mon defense and security or to the action herein. health and safety of the public. Upon Dated at Bethesda, Md., this 21st day issuance of the license, Commonwealth of October 1969. This order will be published in the Edison will be required to excute an F ederal R egister. For the Atomic Energy Commission. indemnity agreement as required by [seal] H arold R. Sanderson, section 170 of the Act and 10 CFR Part P eter A. Morris, Secretary. 140 of the Commission’s regulations. Director, Division of Reactor Licensing. [F.R. Doc. 69-12691; Filed, Oct. 22, 1969; In the event that construction has not 8:49 a.m.] been completed to permit full power [F.R. Doc. 69-12749; Filed, Oct. 22, 1969; operation, the Commission may issue a 9:07 a.m.] provisional operating license consistent [Docket No. 21488; Order 69-10-88] with the level of construction completed FRONTIER AIRLINES, INC. to permit initial fuel loading and low power testing prior to the issuance of CIVIL AERONAUTICS BOARD Order Regarding Fare Revisions and Cancellations the full power license. [Docket No. 20993; Order 69-10-85] Concurrently with its safety review of Adopted by the Civil Aeronautics the application for Dresden 2, the Com INTERNATIONAL AIR TRANSPORT Board at its office in Washington, D.C., mission conducted a safety review of ASSOCIATION on the 17th day of October 1969. Dresden Nuclear Power Station Unit 3 By tariff revisions * marked to become (Dresden 3), which is identical in design Order Relating to Cargo Matters effective October 20, 1969, Frontier Air to Dresden 2 and is presently under con Issued under delegated authority lines, Inc. (Frontier) proposes to cancel struction as authorized by Provisional October 17, 1969. approximately 1,500 propeller first-class Construction Permit No. CPPR-22 issued Agreements adopted by the Traffic fares and to add a second level propeller by the Commission on October 14, 1966 Conferences of the International Air first-class fare between North Platte and (Docket No. 50-249). Construction of Transport Association relating to cargo Lincoln, Nebr., applicable on service via Dresden 3 is anticipated to be completed matters, Docket No. 20993, Agreement Omaha. in approximately 1 year. At the time the CAB 21262, R -l through R-5, Agreement In support of its proposed propeller construction of Dresden 3 nears comple fare cancellations, Frontier submits that tion, and appropriate reviews of the ap CAB 21263. Agreements have been filed with the it currently publishes more tariff pages plication by the Commission and the than most other carriers, including the Advisory Committee bn Reactor Safe Board, pursuant to section 412(a) of the Federal Aviation Act of 1958 (the Act) largest trunks. Consequently, its revision guards have been completed, the Com costs are disproportionate to revenues. mission will publish a notice in the and Part 261 of the Board’s economic regulations, between various air carriers, Since hundreds of these fares have little F ederal R e g is t e r pursuant to the re for no application, or are used by little quirements of 10 CFR Part 2 of the foreign air carriers, and other carriers, embodied in the resolutions of the Traf or no traffic, Frontier proposes to cancel Commission’s regulations concerning them at this time. Frontier’s second level the issuance of a provisional operating fic Conferences of the International Air Transport Association (IATA), and fare in the North Platte-Lincoln market, license to Commonwealth Edison for the on the other hand, is being proposed due operation of Dresden 3. adopted by mail votes. The agreements have been assigned the above-designated to a revision in the carrier’s routing as Within thirty (30) days from the date CAB agreement numbers. a result of a change in the service pat of publication of the notice for Dresden tern. 2 in the F ederal R egister, Common The agreements amend the existing A complaint has been filed by the North wealth Edison may file a request for a resolutions governing bulk unitization Platte Airport Authority (NPAA) against hearing and any person whose interest charges so as to clarify that such charges the proposed second level fare between may be affected by this proceeding may shall not apply for the carriage of live Lincoln and North Platte, Nebr.,3 which is file a petition for leave to intervene. Re animals, animal stalls, or human re to apply via Omaha at an additional quests for a hearing and petitions to in mains. Additionally, the agreements pro charge of $6 over the first level fare in tervene shall be filed in accordance with vide that minimum charges for consign the Commission’s rules of practice in 10 ments from Bulgaria/Hungary/Rumania be maintained at the level which existed 1 Revisions to Airline Tariff Publishers, Inc., CFR Part 2. If a request for a hearing Agent, Tariff C.A.B. No. 101. or petition for leave to intervene is filed prior to the recent Athens worldwide 2 The city of Lincoln has filed an answer within the time prescribed in this notice, cargo conference. to NPAA’s complaint stating that it is in the Commission will issue a notice of Pursuant to authority duly delegated full accord with views expressed by NPAA hearing or appropriate order. by the Board in the Board’s regulations, insofar as its allegation that this added charge for an inferior service is unjust, un For further details with respect to this 14 CFR 385.14, it is not found, on a ten reasonable, unjustly discriminatory and un proposed provisional operating license, tative basis, that the following resolu duly prejudicial, and in violation of section see (1) the Commonwealth Edison appli tions, which are incorporated in the 404(b) of the Federal Aviation Act. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17213 this market.* NPAA alleges that forcing pension except by order or special per parties to a proceeding or to participate passengers to pay a higher fare over a mission of the Board; as a party in any hearing therein must more circuitous route is unjust, unrea 3. The investigation be assigned for file petitions to intervene in accordance sonable, unjustly discriminatory and un hearing before an examiner of the Board with the Commission’s rules. The ap duly prejudicial, and in violation of sec at a time and place hereafter to be plication is on file with the Commission tion 404(b) of the Federal Aviation Act designated; and and available for public inspection. and therefore should be suspended and 4. A copy of this order be filed with the investigated. NPAA asserts that the com aforesaid tariff and be served upon Gordon M. G rant, muter wishing to travel from North Frontier Airlines, Inc. Secretary. Platte to Lincoln in the morning and re 5. The complaint of the North Platte [F.R. Doc. 69-12630; Filed, Oct. 22, 1969; turn from Lincoln to North Platte in the Airport Authority in Docket 21488 is 8:45 a.m.] evening has no Choice but to ride the dismissed. circuitous route. Under these circum [Docket No. CP70-84J stances, NPAA believes that commuter This order shall be published in the passengers from North Platte should not F ederal R egister. NORTHERN NATURAL GAS CO. be required to pay a fare which is 27 per By the Civil Aeronautics Board. cent higher than the direct route fare. Notice of Application Frontier has filed an answer to the com [seal] Harold R. Sanderson, Secretary. October 15,1969. plaint. Take notice that on October 6, 1969, Upon consideration of all relevant [F.R. Doc. 69-12692; Filed, Oct. 22, 1969; 8:49 a.m.] Northern Natural Gas Co. (Applicant), matters, the Board has determined that 2223 Dodge Street, Omaha, Nebr. 68102, the proposal of Frontier to cancel 1,524 filed in Docket No. CP70—84 an applica propeller first-class fares may be unjust tion pursuant to section 7(c) of the Nat or unreasonable, or unduly discrimina ural Gas Act and § 157.7(b) of the reg tory, or unduly preferential, or unduly FEDERAL POWER COMMISSION ulations thereunder for a certificate of prejudicial, or otherwise unlawful, and [Docket No. RP70-10] should be investigated. The proposed public convenience and necessity au HORNER AND SMITH thorizing the construction during the cancellation would compel passengers calendar year 1970 and the operation utilizing these services to pay the higher Notice of Proposed Changes in Rates combination of local fares in the markets of facilities to enable Applicant to take and Charges into its certificated main pipeline sys involved. Moreover,, the Board is unable tem natural gas which will be purchased to determine from the carrier’s justifica O ctober 13,1969. from producers thereof, all as more fully tion what the impact on the traveling Take notice that Horner and Smith, set forth in the application which is on puhlic can be expected to be. Accordingly, a partnership (H and S) on October 8, file with the Commission and open to the proposed propeller fare cancellations 1969, tendered for filing a proposed in will be suspended pending investigation. public inspection. crease in rate for all gas sold only to The purpose of this budget-type appli The Board finds that the complaint of Michigan Wisconsin Pipeline Co. (Michi cation is to augment Applicant’s ability NPAA against the proposed second level gan Wisconsin) to become effective No to act with reasonable dispatch in con fare between North Platte and Lincoln vember 7, 1969. H and S states the sales tracting for and connecting to its pipe does not set forth facts sufficient to war to Michigan Wisconsin constitute 93.68 line system additional supplies of nat rant investigation and the request there percent of the total sales projected for ural gas in areas generally coextensive for, and consequently the request for the test period. The proposed increase with said system. suspension will be denied. The proposed from 17 cents per Mcf to 19.5 cents per The application states that the total fare represents a substantial reduction Mcf, based on cost of service on the from the charge presently imposed and estimated cost of the proposed facili depreciated original investment cost, ties will not exceed $5 million. Applicant reflects normal industry practice in such would increase charges on these sales circumstances.4 requests that the cost limitation in by approximately $51,274 on sales pro § 157.7(b) (1) (ii) of the regulations Accordingly, pursuant to the Federal jected for the test period. Aviation Act of 1958, and particularly under the Natural Gas Act be waived to sections 204(a), 403, 404, and 1002 H and S states that its proposed in permit expenditures of up to $750,000 thereof, crease is necessitated by the fact that for any single project. it is presently operating at a deficit be It is ordered, That: Any person desiring to be heard or to cause of declining deliverability reserves make any protest with reference to said 1. An investigation be instituted to and that H and S is hopeful that in application should on or before Novem determine whether the fares and provi creased revenues will result in increased ber 12, 1969, file with the Federal Power sions described in Appendix A attached sales to Michigan Wisconsin. H and S Commission, Washington, D.C. 20426, a hereto,® and rules, regulations, and prac further states that the proposed increase tices affecting such fares and provisions, petition to intervene or a protest in ac is provided for by contract between cordance with the requirements of the are or will be unjust or unreasonable, Buyer and Seller. unjustly dicriminatory, unduly peferen- Commission’s rules of practice and pro H and S operates pipeline facilities for cedure (18 CFR 1.8 or 1.10) and the tial, unduly prejudicial, or otherwise gathering and transportation of gas in unlawful, and if found to be unlawful, regulations under the Natural Gas Act Mississippi and Louisiana and a process (18 CFR 157.10). All protests filed with to determine and prescribe the lawful ing plant in Tensas Parish, La. fares and provisions, and rules, regula the Commission will be considered by it tions, or practices affecting such fares Copies of the filing were served on in determining the appropriate action and provisions; Michigan Wisconsin and the Louisiana to be taken but will not serve to make Public Service Commission. the protestants parties to the proceed 3. Pending hearing and decision by the ing. Any person wishing to become a Board, the fares and provisions described Any person desiring to be heard or to make a protest with reference to said party to a proceeding or to participate in Appendix A ® hereto are suspended and as a party in any hearing therein must their use deferred to and including Jan application should on or before Novem ber 3, 1969, file with the Federal Power file a petition to intervene in accordance uary 17, 1970, unless otherwise ordered with the Commission's rules. by the Board, and that no changes be Commission, Washington, D.C. 20426, made therein during the period of sus- petitions to intervene or protests in ac Take further notice that, pursuant to cordance with the requirements of the the authority contained in and subject Commission’s rules of practice and pro to the jurisdiction conferred upon the *The carrier presently has a direct first- cedure (18 CFR 1.8 or 1.10). All protests Federal Power Commission by sections level propeller first-class fare in this market of $22. The newly proposed second level fare, filed with the Commission will be con 7 and 15 of the Natural Gas Act and however, is being established at $28. sidered by it in determining the ap the Commission’s rules of practice and 4 The combination of local fares between propriate action to be taken but will not procedure, a hearing will be held with North Platte and Lincoln via Omaha is $42. serve to make protestants parties to the out further notice before the Commis 8 Filed as part of the original document. proceeding. Persons wishing to become sion on this application if no petition FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17214 NOTICES to intervene is filed within the time re The attention of any party in interest governing the time for filing and other quired herein, if the Commission on its desiring to file pleadings pursuant to requirements relating to such pleadings. own review of the matter finds that a section 309 of the Communications Act grant of the certificate is required by of 1934, as amended, concerning any do F ederal Communications the public convenience and necessity. If mestic public radio services application Comission, a petition for leave to intervene is timely accepted for filing, is directed to § 21.27 [seal] B en F. Waple, filed, or if the Commission on its own of the Commission’s rules for provisions Secretary. motion believes that a formal hearing A p p e n d i x is required, further notice of such hear ing will be duly given. A pplications A c c e p t e d f o e F i l i n g Under the procedure herein provided DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE . for, unless otherwise advised, it will be File No., applicant, call sign and nature of application unnecessary for Applicant to appear or be represented at the hearing. 1876— C2—P—70—RCC of Virginia, Inc. (New), C.P. for new 2-way station to be located at 2215 Jefferson Davis Boulevard, Fredericksburg, Va., to operate on frequency 152.21 MHz. Gordon M. Grant, 1877— C2—P—(3)—70—Mississippi Mobile Telephone Co. (New), C.P. for new 2-way station Secretary. to be located at WLBT-TV, Thigpen Road 4 miles southeast of Raymond, Jackson, [F.R. Doc. 69-12631; Filed, Oct. 22, 1969; »Miss., to operate on frequencies 454.050, 454.175,454.350 MHz. 8:45 a.m.] 1878— C2—P—70—Radio Marshall, Inc. (New), C.P. for new 1-way station to be located at 2323 Jefferson Avenue, Marshall, Tex., to operate on frequency 35.58 MHz. 1879— C2—P—70—Southern Message Service, Inc. (KKO360), C.P. to change the location of the control transmitter at location No. 3 to: 206 South Dennis Street, Minden, La., operating on frequency 72.02 MHz. FEDERAL COMMUNICATIONS 1880— C2—P—70—Paul C. and Teressa M. Stark (KFL957), C.P. to change antenna location to: Lakeshore Towers, 2306 southwest 13th Street, Gainesville, Fla., operating on base COMMISSION frequency 152.06 MHz. [Report No. 462] 1895— 02—P—70—Lane Paging, Inc. (New), C.P. for new 1-way station to be located on Blanton Heights 1 mile southwest from Eugene, Oreg., to operate on frequency 158.70 MHz. COMMON CARRIER SERVICES 1896— C2—P-70—Answer!te Professional Telephone Service (New), C.P. for new 2-way station INFORMATION 1 to be located one-half mile north intersection Wickham and Aurora Roads, Eau Gallie, Fla., to operate on frequency 152.06 MHz. Domestic Public Radio Services 1897— C2—P— (3) —70—Kentucky Mobile Telephone Co. (New), C.P. for new 2-way station to Applications Accepted for Filing 8 be located at 800 Building, 800 South Fourth Street, Louisville, Ky., to operate on frequencies 454.025,454.125, 454.225 MHz. October 20, 1969. 1898— C2-P-(4)-70—Communications Engineering Co. (KMA742), C.P. for additional re Pursuant to §§ 1.227(b) (3) and peater and control facilities. Repeater frequencies 72.46 and 72.96 MHz at existing location 21.26(b) of the Commission’s rules, an 2y2 miles north of Porterville, Calif. Control frequencies 75.50 and 75.82 MHz at a new application, in order to be considered site to be identified as location No. 2: 110 West Oak Street, Visalia, Calif. with any domestic public radio services 1899— C2-P-69—Professional Answering Service (KED362), C.P. to change antenna location application appearing on the attached to: 1 mile northwest of Liberty, N.Y., operating on frequency 152.18 MHz. Change antenna system and replace transmitter for same. list, must be substantially complete and 1900— C2—P—70—Polito Communications, Inc. (New), C.P. for new 2-way station to be tendered for filing by whichever date is located at 101 Walnut Street, Rochester, N.Y., to operate on frequency 454.050 MHz. earlier: (a) The close of business 1 busi 1915— C2—P—70—Southwestern Bell Telephone Co. (New), C.P. for new Developmental Air- ness day preceding the day on which the Ground station. Frequencies: 454.675 MHz (signaling); 454.950 MHz (base). Location: Commission takes action on the previ 2.2 miles south-southwest of Spring, Tex. ously filed application; or (b) within 60 1916— C2—P—70—Southwestern Bell Telephone Co. (New), C.P. for new Developmental Air- days after the date of the public notice Ground station. Frequencies: 454.675 MHz (signaling); 454.800 MHz (base). Location: listing the first prior filed application 5355 Illinois Street, Dallas, Tex. (with which subsequent applications are 1917— C2—P—70—The Pacific Telephone & Telegraph Co. (New), C.P. for new Developmental in conflict) as having been accepted for Air-Ground station. Frequencies: 454.675 MHz (signaling); 454.775 MHz (base). Location: filing. An application which is subse Round Top Hill, 5.3 miles northeast of Oakland Civic Center, Calif. quently amended by a major change will 1918— C2—P—70—The Pacific Telephone & Telegraph Co. (New), C.P. for new Developmental be considered to be a newly filed applica Air-Ground station. Frequencies: 454.675 MHz (signaling); 454.725 MHz (base). Location: tion. It is to be noted that tho cutoff dates 5.6 miles north of Julian, Calif. are set forth in the alternative—applica 1919— C2-P-70—The Pacific Telephone & Telegraph Co. (New), C.P. for new Developmental tions will be entitled to consideration Air-Ground station. Frequencies: 454.675 MHz (signaling); 454.800 MHz (base). Location: with those listed in the appendix if filed Oat Mountain 5.5 miles southwest of Newhall, Calif. by the end of the 60-day period, only if 1920— C2-P-(3)-70—South Central Bell Telephone Co. (New), C.P. for new 1-way station to the Commission has not acted upon the be located at location No. 1: On Red Mountain 1 mile south of Downtown Birmingham, Ala. application by that time pursuant to the Location No. 2: 1738 30th Street West, Birmingham, Ala. Location No. 3: Smith Highlands first alternative earlier date. The mutual community, 1.9 miles southwest of downtown Bessemer, Ala., to operate on freqeuncy 152.84 MHz. exclusivity rights of a new application 1921— C2—P—70—Anserphone of Goldsboro, Inc. (New), O.P. for new 2-way station to be are governed by the earliest action with located at 412 East Ash Street, Goldsboro, N.C., to operate on frequency 152.18 MHz. respect to any one of the earlier filed 1922— C2—P—70—General Telephone Co. of California. (New), C.P. for new 2-way station to be conflicting applications. located at 1314 Seventh Street, Santa Monica, Calif., to operate on frequency 454.425 MHz. 1923— C2-P-(3)-70—Missouri Mobile Telephone Co. (New), C.P. for hew 2-way station to be 1 All applications listed in the appendix are located at Chase Park Plaza Hotel, 220 North Kings Highway Boulevard, St. Louis, Mo., to subject to further consideration and review operate on frequencies 454.025, 454.100, 454.150 MHz. and may be returned and/or dismissed if not 1927- C2-P-(2)-70—Two Way Radio of Carolina, Inc. (KIY441), C.P. for additional facilities found to be in accordance with the Commis to operate on frequencies 454.125,454.175 MHz at station located at 112 South Tryon Street, sion’s rules, regulations, and other require Charlotte, N.C. ments. 1928- C2-P-70—Two Way Radio of Carolina, Inc. (KLF612), C.P. for additional facilities at a 2 The above alternative cutoff rules to those new site to be identified as location No. 2: 2020 West Morehead Street, Charlotte, N.C., to applications listed in the appendix as having operate on frequency 158.70 MHz. been accepted in Domestic Public Land Mo bile Radio, Rural Radio, Point-to-Point 1930-C2-P-70—Southwestern Bell Telephone Co. (New), C.P. for new Developmental Air- Microwave Radio, and Local Television Ground station. Frequencies: 454.675 MHz (signaling); 454.900 MHz (base). Location 1425 Transmission Services (Part 21 of the rules). Oak Street, Kansas City, Mo. FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17215 : domestic public land m obile radio service—continued mately $80 million, and such amount 1931- C2-P-70—Mobilfone Communications, Inc. (KKX714), C.P. to change antenna systemrepresents the maximum amount of and replace transmitter for frequency 152.15 MHz at Its station located at location No. 1: notes presently to be authorized herein. Top of hill, 1 mile west of city limits of Austin, Tex. Changes may be made in the maximum 1935-C2-P-70—Southwestern Bell Telephone Co. (New), C.P. for new Developmental Air- amount of notes to be outstanding and Ground station- Frequencies: 454.675 MHz (signaling); 454.800 MHz (base). Location in the amounts to be borrowed from the 2651 Olive Street, St. Louis, Mo. various banks by the filing of a post Correction effective amendment and a further order 5072—C2—P—69—Relay Communications Corp. (New Correct to read: 5072-C2-P-69 Relay of the Commission. Under the proposed Communications Corp. (KLF579) C.P. to add a second channel to operate on base fre exemption pursuant to section 6(b), Ala quency 152.06 MHz. All other particulars to remain the same as reported on public notice bama proposes to issue and sell short dated Mar. 10,1969, Report No. 430. term notes to a group of banks and to issue and sell commercial paper from Major Amendments time to time prior to December 31, 1970, 1473-C2—P— (3) —70—General Communications Service, Inc. (KIG296), Application amended which together shall not exceed $80 mil to change base and mobile frequencies from 454.050 MHz and 459.050 MHz to 454.350 and lion in aggregate principal amount at any 459.350 MHz respectively. All other particulars to remain the same as reported on public one time outstanding, including cur notice dated Sept. 29, 1969, Report No. 459. rently outstanding bank loans aggregat 7376-C2-P-69—General Telephone Co. of Illinois (New), Change frequency to read: 158.10 ing $22,287,000 in principal amount MHz. All other particulars to remain the same as reported on public notice dated June 16, which were issued pursuant to the 1969. exemption provided by the first sentence 4244-C2—P—69—Tel-Page Corp. (New), Change base frequency to 152.06 MHz. All other par of section 6(b) of the Act. Alabama has ticulars to remain the same as reported on public notice dated Jan. 27, 1969, Report No. 424. also filed a separate application and an POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) amendment thereto seeking authoriza 1924-C1-P/L-70—The Mountain States Telephone and Telegraph Co. (New), C.P. and tion to issue and sell at competitive bid license for a new fixed station to be located at 500 Foothill Drive, Salt Lake City, Utah. ding $35 million of first mortgage bonds Frequency 5975 MHz toward the University of Utah Medical Center, Salt Lake City, (Holding Company Act Release No. Utah. . 16848). 1932- C1-P-70—-The Chesapeake and Potomac Telephone Co. of West Virginia (New), C.P. The proposed notes to banks will bear for a new fixed station to be located at 214 Monroe Street, Fairmont, W. Va. Frequencies interest at a rate not exceeding the prime 6360.3 and 10,775.0 MHz toward Halleck, W. Va. (passive repeater). rate in effect at the lending bank. Each 1933- C1—P-70—The Chesapeake and Potomac Telephone Co. of West Virginia (KQN93),such note will mature not later than 9 C.P. to add frequencies 6137.9 and 11,655.0 MHz toward Fairmont, W. Va. (passive months from its issue date, will he dated repeater) and frequencies 6011.9 and 11,245.0 MHz toward Bridgeport Hill, W. Va. as of the date of the borrowing, and will Location: Halleck, 10 miles south of Morgantown, W. Va. be prepayable at any time, in whole or in 1934r-Cl-P-70—The Chesapeake and Potomac Telephone Co. of West Virginia (KQM84), part, without premium or penalty. The C.P. to add frequencies 6264.0 and 10,795.0 MHz toward Halleck, W. Va. Location: names of the banks and the maximum Bridgeport Hill, 1 mile east of Clarksburg, W. Va. amounts to be borrowed from each will Major Amendment be filed by amendment. The proposed commercial paper will be 556-Cl^P-70—RCA Alaska Communications, Inc. (New), Change frequencies 6595, 6675, in the form of promissory notes with and 6635 MHz directed toward Twelvemile Lake, Alaska, to 6315.8, 6345.5 and 6375.1 MHz. varying maturities not to exceed 270 days, Location: Scotty Lake, 5.9 miles west of Talkeetna, Alaska. All other particulars same will be issued in denominations of not as reported in public notice dated Aug. 11,1969, Report No. 452. less than $50,000 and not more than $5 POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) million, and will not be prepayable prior 1894-C1-P-70—Mountain Microwave Corp. (KAQ88), C.P. to add point of communication at to maturity. The commercial paper will Hot Springs, S. Dak. Location: Mount Coolidge, 6 miles east-southeast of Custer, S. Dak. be sold by Alabama directly to Goldman, Frequencies: 6256.5, 6586.2, and 6315.9 MHz on azimuth 176°53\ (Informative: Applicant Sachs & Co., a dealer in- commercial is rerouting service to Hot Springs.) paper, at a discount which will not be Correction in excess of the discount rate per an 1843—Cl—P—70 through 1850—Cl—P—70—United Video, Inc., The informative note appearing num prevailing at the date of issuance on public notice dated Oct. 13, 1969, should show the signal of KDTV rather than for prime commercial paper of com KMEC-TV to be delivered to Arkansas City, Kans., and Enid, Okla. parable quality of the particular ma [F.R. Doc. 69-12681; Filed, Oct. 22, 1969; 8:48 a.m.] turity sold by issuers thereof to commercial paper dealers, provided, however, that no commercial paper notes applicable to the proposed transactions. will be issued having a maturity more SECURITIES AND EXCHANGE All interested persons are referred to than 90 days at and effective interest the application, as amended, which is cost which exceeds the effective interest summarized below, for a complete state cost at which the applicant company COMMISSION ment of the proposed transactions. [70-4795] could borrow from banks. No commis Alabama requests that from the ef sion or fee will be payable in connection ALABAMA POWER CO. fective date of the Commission's order with the issuance and sale of commercial herein to December 31, 1970, the exemp paper. The dealer, as principal, will re Notice of Proposed Increase in Short- tion from the provisions of section 6(a) offer the commercial paper at a discount Term Borrowing and Related Matters of the Act afforded by the first sentence rate of one-eighth of 1 percent per annum of section 6(b) of the Act, relating to less than the prevailing discount rate to October 15, 1969. the issue and sale of short-term notes, Alabama to not more than 100 customers Notice is hereby given that Alabama be increased from 5 percent of the prin of the dealer identified and designated in Power Co. (“Alabama”) , 600 North 18th cipal amount and value of the other a nonpublic list prepared in advance by Street, Birmingham, Ala. 35202, an elec securities of Alabama at the time out the dealer. tric utility subsidiary company of The standing to approximately 10 percent of The proceeds from the sale of the bank Southern Co., a registered holding com capitalization and surplus. Such increase notes and commercial paper notes will pany, has filed an application and an will permit Alabama to issue the maxi be used by Alabama to reimburse its amendment thereto with this Commis mum aggregate principal amount of treasury for part of the expenditures in sion pursuant to the Public Utility Hold short-term notes permissible under its connection with its construction pro ing Company Act of 1935 (“Act”), charter (without a vote of holders of its gram, to finance in part its future con designating section 6(b) of the Act and outstanding preferred stock). As at Au struction program, to pay at maturity Rule 50 promulgated thereunder as gust 31, 1969, this amount was approxi from time to time outstanding bank notes FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 No. 204- 10 17216 NOTICES and commercial paper notes, and for ceive notice of further developments in mon stock on a pro rata basis at the par other lawful purposes. The total esti this matter, including the date of the value of the stock of $5 per share. Ap mated construction expenditures of Ala hearing (if ordered) and any postpone plicant and Commerce Capital Corpora bama for 1969 and 1970 are $94 million ments thereof. tion propose to purchase their pro rata and $150 million, respectively. The ap For the Commission (pursuant to dele share of the offering. Victor and William plication states that Alabama will not Fink and Mrs. Bennett, together with necessarily apply all or part of the net gated authority). all but one of the other common stock proceeds of any long-term public financ [SEAL] ORVAL L. DUBOIS, holders of Midtown, propose to purchase ing to pay or reduce the principal Secretary. their pro rata share of the offering and amount of its outstanding bank notes [F.R. Doc. 69-12645; Filed, Oct. 22, 1969; to purchase on a pro rata basis the 1,000 and commercial paper notes. The ap 8:46 a.m.] shares offered to the one common stock plication further states that, unless holder of Midtown which does not pro otherwise authorized by the Commission, pose to purchase the shares offered. any notes or commercial paper of Ala [812-2616] Rule 17d-l, adopted under section bama outstanding after December 31, FIRST MIDWEST CAPITAL CORP. 17(d) of the Act, provides, among other 1970, will be retired from internal cash things, with certain exceptions not here resources or from the proceeds of per Notice of Filing of Application for applicable, that no affiliated person of manent debt or equity financing. Order Authorizing Proposed Trans any registered investment company, and Alabama asserts that the issue and sale action no affiliated person of such affiliated per of commercial paper should be excepted October 15, 1969. son, shall, acting as principal, participate from the competitive bidding require Notice is hereby given that First Mid in, or effect any transaction in connec ments of Rule 50 because the commercial west Capital Corp., 703 Northstar Center, tion with, any joint enterprise or other paper will have a maturity not in excess 110 South Seventh Street, Minneapolis, joint arrangement in which such regis of 270 days, current rates for commercial Minn. 55402 (“applicant”), a closed- tered company is a participant, unless paper for prime borrowers, such as Ala end, nondiversified investment company an application regarding such joint en bama, are published daily in financial registered under the Investment Com terprise or arrangement has been filed publications, and it is not practical to pany Act of 1940 (“Act”) and a licensee with the Commission and has been invite bids for commercial paper. Ala under the Small Business Investment granted by order, and that in passing bama also requests authority to file cer Act of 1958, has filed an application pur upon such application the Commission tificates of notification under Rule 24 in suant to section 17(d) of the Act and will consider whether the participation respect of its commercial paper on a Rule 17d-l thereunder for an order of the registered company in the joint quarterly basis. granting said application with respect to enterprise or arrangement on the basis Alabama’s fees and expenses to be in the acquisition of common stock of Mid proposed is consistent with the provi curred in connection with the proposed town Park, Inc. (“Midtown”) , by appli sions, policies and purposes of the Act transactions are estimated at $1,350, in cant and certain other common stock and the extent to which such participa cluding legal fees of $1,000. It is repre holders of Midtown, pursuant to a pro tion is on a basis different from or sented that the proposed transactions are less advantageous than that of other rata offering of its common stock made participants. subject to jurisdiction of the Alabama by Midtown to the holders of its common Public Service Commission and that Ala stock. Certain of the common stockhold Notice is further given that any inter bama will file a certified copy of the order ers of Midtown who propose to acquire ested person may, not later than Octo of that State commission by amendment. additional common stock in connection ber 29, 1969, at 5:30 p.m., submit to the It is further represented that no other with the offering are affiliated persons, Commission in writing a request for a State commission and no Federal com or affiliated persons of affiliated persons, hearing on the matter accompanied by mission, other than this Commission, has of applicant under section 2(a) (3) of the a statement as to the nature of his in jurisdiction over the proposed trans Act. All interested persons are referred to terest, the reason for such request and actions. the application on file with the Commis the issues of fact or law proposed to be Notice is further given that any in sion for a statement of the representa controverted, or he may request that he terested person may, not later than No tions therein, which are summarized be notified if the Commission shall order vember 4, 1969, request in writing that a below. a hearing thereon. Any such communi hearing be held on such matter, stating cation should be addressed: Secretary, Midtown owns and operates a multi Securities and Exchange Commission, the nature of his interest, the reasons for level parking ramp in Minneapolis, Minn. such request, and the issues of fact or Washington, D.C. 20549. A copy of such It has outstanding 20,000 shares of com request shall be served personally or by law raised by said application, as mon stock owned by 17 shareholders. The amended, which he desires to controvert; mail (airmail if the person being served two largest holdings of Midtown’s com is located more than 500 miles from the or he may request that he be notified if mon stock are held by applicant, which the Commission should order a hearing point of mailing) upon applicant at the owns 8,500 shares (42.5 percent) of Mid address set forth above. Proof of such thereon. Any such request should be ad town’s outstanding common stock, and dressed; Secretary, Securities and Ex service (by affidavit or. in case of an by Commerce Capital Corp., which owns attorney at law by certificate) shall be change Commission, Washington, D.C. 1,500 shares (7.5 percent) of such stock. 20549. A copy of such request should be filed contemporaneously with the re In addition, applicant holds 8 percent quest. At any time after said date, as served personally or by mail (airmail if third mortgage notes of Midtown with the person being served is located more provided by Rule 0-5 of the rules and a cost of $472,500. Victor L. Fink, pres regulations promulgated under the Act, than 500 miles from the point of mail ident of Midtown, owns 1,000 shares of ing) upon the applicant at the above- an order disposing of the application the common stock of Midtown and Wil herein may be issued by the Com stated address, and proof of service (by liam W. Fink owns 200 shares of such affidavit or, in case of an attorney at law, mission upon the basis of the informa stock; each is a partner of Alan K. tion stated in said application, unless an by certificate) should be filed with the Ruvelson in V & W Associates, which is order for hearing upon said application request. At any time after said date, the engaged in the operation of leased park application, as amended or as it may be shall be issued upon request or upon the ing lots in the State of North Dakota. Commission’s own motion. Persons who further amended, may be granted as pro Mr. Ruvelson is president of applicant request a hearing, or advice as to vided in Rule 23 of the general rules and and owns 18 percent of its outstanding whether a hearing is ordered, will receive regulations promulgated under the Act, common stock. Hester T. Bennett, wife notice of further developments in this or the Commission may grant exemption of Wilbur M. Bennett, a director of appli from such rules as provided in Rules 20 matter, including the date of the hearing (a) and 100 thereof or take such other cant, owns 1,000 shares of the common (if ordered) and any postponement action as it may deem appropriate. Per stock of Midtown. thereof. sons who request a hearing or advice as Midtown has offered to its common It is ordered, That the Secretary of the to whether a hearing is ordered will re stockholders 20,000 shares of its com Commission shall send a copy of this FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17217 Notice by certified mail to the Associate Washington, D.C. 20549. A copy of such The 60-day period of exemption pro Administrator for Investment, Invest request shall be served personally or by vided in section 3(b) (2) of the Act ex ment Division, Small Business Adminis mail (airmail if the person being served pired, in Applicant’s case, on May 15, tration, Washington, D.C. 20416. is located more than 500 miles from the 1969. Applicant, which has not registered For the Commission (pursuant to point of mailing) upon TCC at the ad as an investment company under the delegated authority). dress stated above. Proof of such service Act, now requests by this application (by affidavit or in case of an attorney that it be exempted from May 15, 1969 [seal] Orval L. DuBois, at law by certificate) shall be filed con until the Commission acts upon its ap Secretary. temporaneously with the request. At any plication under section 3(b)(2) of the [F.R. Doc. 69-12646; FUed, Oct. 22. 1969; time after said date, as provided by Rule Act. 8:46 a.m.] 0-5 of the rules and regulations promul Section 6(c) provides that the Com gated under the Act, an order disposing mission, by order upon application, may of the application herein may be issued conditionally or unconditionally exempt [811-1683] by the Commission upon the basis of the any person from any provision or provi TUESDAY CAPITAL CORP. information stated in said application, sions of the Act, if and to the extent that unless an order for hearing thereon shall such exemption is necessary or appropri Notice of Proposal To Terminate be issued upon request or upon the Com ate in the public interest and consistent Registration mission’s own motion. Persons who re with the protection of investors and the quest a hearing or advice as to whether purposes fairly intended by the policy October 15, 1969. a hearing is ordered will receive notice of and provisions of the Act. Notice is hereby given that the Com further developments in this matter, in Section 6(e) provides that, if, in con mission proposes, pursuant to section cluding the date of the hearing (if or nection with any order under section 6 8(f) of the Investment Company Act of dered) and any postponements thereof. exempting any investment company from 1940 (“Act”) , to declare by order upon It is ordered, That the Secretary of the section 7, the Commission deems it neces- its own motion that Tuesday Capital Commission shall send a copy of this sàry or appropriate in the public interest Corp. (“TCC”), e/o Allen E. Broussard, notice by certified mail to the Associate or for the protection of investors that 600 Washington, Oakland, Calif. 94602, Administrator for Investment, Invest certain specified provisions of the Act a California corporation registered under ment Division, Small Business Adminis pertaining to registered investment com the Act as a closed-end investment com tration, Washington, D.C.. 20416. panies shall be applicable in respect of pany, has ceased to be an investment such company, the provisions so specified company. For the Commission (pursuant to dele shall apply to such company, and to TCC filed its notification of registra gated authority). other persons in their transactions and tion under the Act on July 8, 1968, and a [seal] Orval L. DuBois, relations with such company, as though registration statement on Form N-5 Secretary. such company were a registered invest ment company. under the Act on October 24, 1968. The [F.R. Doc. 69-12647; Filed, Oct. 22, 1969; latter included an exhibit designated as 8:46 a.m.] Notice is further given that any inter an offering circular under Regulation E ested person may not later than Novem pursuant to the Securities Act of 1933 ber 3, 1969, at 5:30 p.m., submit to the for the sale of 30,000 shares of its capital [812-2491] Commission in writing a request for a stock. Available information indicates CARTER GROUP, INC. hearing on the matter accompanied by a that no such shares were offered or sold statement as to the nature of his interest, to the public. No other filings, including Notice of Filing of Application for the reason for such request and the is those required by section 30 of the Act, Order of Temporary Exemption sues, if any, of fact or law proposed to have been received by the Commission, be controverted, or he may request that The staff of the Commission’s Division October 13,1969. he be notified if the Commission should of Corporate Regulation and its San Notice is hereby given that The Carter order a hearing thereon. Any such com Francisco Regional Office have been un Group Inc., 430 Park Avenue, New York, munication should be addressed: Secre successful in attempts to contact officers N.Y. 10022 (“Applicant”) , a Delaware tary, Securities and Exchange Commis or directors of TCC to determine the corporation, has filed an application pur sion, Washington, D.C. 20549. A copy of company’s status. suant to section 6(c) of the Investment such request shall be served personally The Commission has been informed Company Act of 1940 (“Act”) for an or by mail (airmail if the person being that TCC has not had issued to it a order of the Commission temporarily ex served is located more than 500 miles license to operate under the Small Busi empting it from section 7 of the Act. Ap from the point of mailing) upon the Ap ness Investment Act of 1958 although plicant, in requesting such temporary plicant at the address stated above. Proof such was its original intention. Nor did exemption, has agreed that it shall be of such service (by affidavit or in case of it receive a permit under California law subject to all other provisions of the Act an attorney at law by certificate) shall to issue and sell securities to the public. and the rules and regulations thereunder be filed contemporaneously with the re Section 8(f) of the Act provides, in per as though Applicant were a registered in quest. At any time after said date, as tinent part, that when the Commission, vestment company, other than the fol provided by Rule 0-5 of the rules and finds that a registered investment com lowing: Sections 8; 10(a); 17 (f), (g), regulations promulgated under the Act, pany has ceased to be an investment com and (h ); 20(a); 30; and 31. All interested an order disposing of the application pany, it shall so declare by order, that persons are referred to the application herein may be issued by the Commission upon the taking effect, and that, if neces on file with the Commission for a state upon the basis of the information stated sary for the protection of investors, such ment of the representations contained in said application, unless an order for order may be made upon appropriate therein, which are summarized below. hearing upon said application shall be is conditions. On March 17, 1969, Applicant filed an sued upon request or upon the Commis Notice is further given that any inter application pursuant to section 3(b) (2) sion’s own motion. Persons who request ested person may, not later than Novem of the Act for an order of the Commission a hearing or advice as to whether a hear ber 5, 1969, at 5:30 p.m., submit to the declaring it to be primarily engaged in a ing is ordered will receive notice of fur Commission in writing a request for a business or businesses other than that of ther developments in this matter, includ nearing on the matter accompanied by a investing, reinvesting, owning, holding, ing the date of the hearing (if ordered) statement as to the nature of his interest, or trading in securities, either directly or and any postponements thereof. the reasons for such request, and the is indirectly through wholly owned subsidi sues of fact or law proposed to be con aries or controlled- companies. Section 3 For the Commission (pursuant to dele troverted, or he may request that he be (b) (2) provides that the filing of an ap gated authority). notified if the Commission should order plication thereunder shall exempt an ap [seal] Orval L. DuBois, a hearing thereon. Any such communica- plicant for a period of 60 days from all Secretary. hons should be addressed: Secretary, provisions of the Act applicable to invest [F.R. Doc. 69-12648; Filed, Oct. 22, 1969; Securities and Exchange Commission, ment companies as such. 8:46 a.m.] FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17218 NOTICES [812-2604] Section 6(c) of the Act permits the Variable Annuity Company of Florida Commission, upon application, to grant Separate Account, Florida National Bank METROPOLITAN LIFE INSURANCE CO. an exemption from any provision of the Building, Jacksonville, Fla. 32202 (“Sep AND METROPOLITAN VARIABLE Act if it finds that an exemption is arate Account”) (hereinafter collectively ACCOUNT A necessary or appropriate in the public “Applicants”) have filed an application interest and consistent with the protec pursuant to section 6(c) of the Invest Notice of Filing of Application for tion of investors and the purposes fairly ment Company Act of 1940, 15 U.S.C. Order Granting Exemption intended by the policy and provisions of section 80a-l et seq. (“Act”), for an or October 16, 1969. the Act. der exempting Applicants from the provi Notice is hereby given that Metropoli Applicant represents that section 27 sions of section 22(d) of the Act. Sep tan Life Insurance Co., 1 Madison Ave (a) (3) of the Act was designed to lessen arate Account was established in 1965 for nue, New York, N.Y. 10010, (“Appli losses Which might be incurred upon the purpose of maintaining assets ac cant”) has filed an application pursuant early termination of periodic payment cruing from the sale by Insurance Com to section 6(c) of the Investment Com plan certificates involving front-end load pany of individual and group variable pany Act of 1940 (“Act") for an order, arrangements. Applicant further repre annuity contracts. All interested persons exempting Applicant and Metropolitan sents that its proposed sales deductions are referred to the application on file Variable Account A (“Separate Ac schedule does not involve a front-end with the Commission for a statement of count”) from the provisions of section load arrangement and that such a sched the representations contained therein, 27(a)(3) of the Act to the extent set ule cannot lead to the abuses intended which are summarized below. forth below. All interested persons are to be curbed by section 27(a) (3). Section 22(d) provides, in pertinent referred to the application on file with Notice is further given that any inter part, that no registered investment com the Commission for a statement of the ested person may, not later than Oc pany shall sell any security issued by it representations therein, which are sum tober 31, 1969, at 5:30 p.m., submit to to any person except at a current offering marized below. the Commission in writing a request for price described in the prospectus. This Applicant is a mutual life insurance a hearing on the matter accompanied by section has been interpreted as prohib company organized under the laws of the a statement as to the nature of his in iting variations in the sales load except State of New York. Separate Account terest, the reason for such request and on a uniform basis. was established by Applicant pursuant the issues of fact or law proposed to be Applicants presently sell and maintain to the New York Insurance Law and Ap controverted, or he may request that he individual and group variable annuity plicant intends to allocate to the Sepa be notified if the Commission shall order contracts, deducting from contract pay rate Account payments, after certain a hearing thereon. Any such communica ments a charge for sales and administra deductions, received under Flexible- tion should be addressed: Secretary, Se tive expenses. The contracts provide that Purchase Variable Annuity Contracts curities and Exchange Commission, the individual contract owner may elect proposed to be offered by Applicant. Washington, D.C. 20549. A copy of such any of several specified optional meth request shall be served personally or by ods of retirement payments. Similarly, A notification of claim of exemption mail (airmail if the person being served the contract owner may specify the pursuant to Rule 6e-l under the Invest is located more than 500 miles from the method of payment to be made to his ment Company Act of 1940 has been point of mailing) upon Applicant at the designated beneficiary in the event of filed with respect to the Separate Ac address stated above. Proof of such serv his death. count and a registration statement has ice (by affidavit or in case of an attor Applicants propose to include in in been filed under the Securities Act of ney at law by certificate) shall be filed dividual contracts a provision which 1933 with respect to the contracts. contemporaneously with the request. At would enable the beneficiary of a de The proposed amount of sales load any time after said date, as provided by ceased owner’s contract to make the deduction from purchase payments re Rule 0-5 of the rules and regulations election as to the form of payment if the ceived under a contract during each con promulgated under the Act, an order dis contract owner has not made such elec tract year is as follows: posing of the application herein may be tion prior to his death. Such a provision Am ount of Deductions issued by the Commission upon the basis is intended to enable the beneficiary to payment (as percent of the information stated in said appli become a contract owner without the im during year of payment) cation, unless an order for hearing upon position of a charge for sales and ad First $10,000______8.0 said application shall be issued upon re ministrative expenses. Next $40,000______4.5 quest or upon the Commission’s own mo Applicants request an exemption from Balance_:______2.5 tion. Persons who request a hearing, or section 22(d), to the extent deemed nec Applicant requests an exemption from advice as to whether a hearing is or essary, to permit the offering of indi section 27(a)(3) of the Act to permit dered, will receive notice of further de vidual variable annuity contracts con such a schedule of sales load deductions velopments in this matter, including the taining such a provision. or any similar schedule under which the date of the hearing (if ordered) and any Section 6(c) of the Act provides that percentage amount of sales load de postponements thereof. the Commission, by order upon appli ducted from payments under contracts By the Commission. cation, may conditionally or uncondi issued in connection with the Separate tionally exempt any person, security or Account may decrease within a contract Orval L . DuBois, transaction from any provision or pro year: Provided, That the percentage Secretary. visions of the Act, if and to the extent amount of sales load deducted from any [F.R. Doc. 69-12649; Filed, Oct. 22, 1969; that such exemption is necessary or ap payment under any such contract shall 8:46 a.m.] propriate in the public interest and con not exceed 9 percent of such payment. sistent with the protection of investors Section 27(a) (3) of the Act makes it [812-2611] and the purposes fairly intended by the unlawful for any -registered investment policy and provisions of the Act. company issuing periodic payments plan NATIONAL VARIABLE ANNUITY COM Notice is further given that any inter certificates, or for aiiy depositor of or PANY OF FLORIDA AND NATIONAL ested person may, not later than Novem underwriter for such company, to sell VARIABLE ANNUITY COMPANY OF ber 4, 1969, at 5:30 p.m., submit to the any such certificate if the amount of Commission in writing a request for a sales load deducted from any one of the FLORIDA SEPARATE ACCOUNT hearing on the matter accompanied by first 12 monthly payments exceeds pro Notice of Filing of Application for a statement as to the nature of his portionately the amount deducted from Exemption interest, the reason for such request and any other such payment or if the amount the issues of fact or law proposed to be of sales load deducted from any sub October 15, 1969. controverted, or he may request that he sequent payment exceeds proportion Notice is hereby given that National be notified if the Commission shall order ately the amount deducted from any Variable Annuity Company of Florida a hearing thereon. Any such communi other subsequent payment. (“Insurance Company”) and National cation should be addressed: Secretary, FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17219 Securities and Exchange Commission, render of shares of Applicant’s common [811-1696] Washington, D.C. 20549. A copy of such stock to such shareholders, except for request shall be served personally or by one person holding 200 shares of appli UNITED STATES CENTRAL mail (airmail if the person being served cant’s common stock who has not pre BANCOMMONS, INCORP. is located more than 500 miles from the sented his certificates for payment of the Notice of Filing of Application for point of mailing) upon Applicants at the liquidating distribution. address stated above. Proof of such serv On September 3, 1969, there remained Order Declaring Company Has ice by affidavit (or in case of an attorney on hand a balance of $10,719.87, which Ceased To Be an Investment Com at law by certificate) shall be filed con had been deposited with The Boatmen’s pany temporaneously with the request. At any National Bank of St. Louis to be used time after said date, as provided by to meet tax liabilities and possible con October 15, 1969. Rule 0-5 of the rules and regulations tingencies. Any balance remaining after Notice is hereby given that United promulgated under the Act, an order payment of any claims against Applicant States Central Bancommons, Incorp., 803 disposing of the application herein may will also be distributed to its share North Randolph Avenue, Clarksville, Ind. be issued by the Commission^upon the holders. 47130 (“Applicant”), an Indiana cor basis of the information stated in said The application further states that poration, registered as a closed-end in application, unless an order for hearing Articles of Liquidation, by which the dis vestment company under the Investment upon said application shall be issued solution of Applicant under Missouri Company Act of 1940 (“Act”) , has filed upon request or upon the Commission’s law will be completed, were to be filed an application pursuant to section 8(f) of own motion. Persons who request a hear with the Secretary of State of Missouri the Act for an order of the Commission ing or advice as to whether a hearing no later than September 17, 1969, pursu declaring that Applicant has ceased to be is ordered will receive notice of further ant to the Plan. an investment company as defined in the developments in this matter, including Section 8(f) of the Act provides, in Act. All interested persons are referred the date of the hearing (if ordered) and pertinent part, that when the Commis to the application on file with the Com any postponements thereof. sion, upon application, finds that a reg mission for a statement of the repre sentations set forth therein which are For the Commission (pursuant to dele istered investment company has ceased summarized below. gated authority). to be an investment company, it shall so declare by order, and upon the taking Applicant originally proposed to make [seal] Orval L. DuB ois, effect of such order the registration of a public offering of its common stock, Secretary. such company shall cease to be in effect. and filed with the Commission a regis [F.R. Doc. 69-12650; Filed, Oct. 22, 1969; tration statement (File No. 2-30240) Notice is further given that any inter under the Securities Act of 1933 for this 8:46 a.m.] ested person may not later than Novem purpose. Applicant determined that a ber 7, 1969, at 5:30 p.m., submit to the Commission in writing a request for a public offering was not feasible and re [811-607] quested that the registration statement hearing on the matter accompanied by a be withdrawn, which the Commission ST. LOUIS MIDWEST CO. statement as to the nature of his interest, permitted by order dated May 20, 1969. the reason for such request and the Notice of Application for Order De Applicant’s registration statement un issues, if any, of fact or law proposed to der the Act on Form N-8B-1 states that claring Company Has Ceased To Be be controverted, or he may request that the outstanding securities of Applicant an Investment Company he be notified if the Commission should are owned beneficially by six individuals order a hearing thereon. Any such com and a limited partnership. Applicant October 17,1969. munication should be addressed: Secre Notice is hereby given that St. Louis represents that it has not and does not tary, Securities and Exchange Commis intend to offer its securities to the public. Midwest Company of St. Louis, 506 Olive sion, Washington, D.C. 20549. A copy of Street, St. Louis, Mo. 63101 (“Appli Section 3(c) (1) of the Act states, inter such request shall be served personally alia, that any issuer whose outstanding cant”) , a management open-end diversi or by mail (airmail if the person being fied investment company registered securities (other than short-term paper) served is located more than 500 miles are beneficially owned by not more than under the Investment Company Act of from the point of mailing) upon Appli 1940 (“Act”), has filed an application 100 persons and which is not making and cant at the address stated above. Proof does not presently propose to make a pub pursuant to section 8(f) of the Act for of such service (by affidavit or in the an order declaring that Applicant has lic offering of its securities is not an in case of an attorney at law by certificate) vestment company within the meaning ceased to be an investment company shall be filed contemporaneously with as defined in the Act. All interested per of the Act. the request. At any time after said date Section 8(f) of the Act states, that sons are referred to the application on as provided by Rule 0-5 of the rules and file with the Commission for a statement whenever, the Commission upon applica regulations promulgated under the Act, tion finds that a registered investment of the representations made therein, an order disposing of the matter herein which are summarized below. company has ceased to be an investment may be issued by the Commission upon company, it shall so declare by order and Applicant’s shareholders, at a special the basis of the information stated in upon the taking effect of such order the meeting held on March 17, 1969, ap the application, unless an order for hear registration of such company shall cease proved a Plan of Complete Liquidation ing upon said proposal shall be issued to be in effect. (“Plan”). Applicant’s board of direc upon request or upon the Commission’s Notice is further given that any inter tors, on March 25,1969, adopted a resolu own motion. Persons who request a hear ested person may, not later than Novem tion authorizing the distribution of all ing, or advice as to whether a hearing ber 5, 1969, at 5:30 p.m., submit to the of Applicant’s assets, consisting of shares is ordered, will receive notice of further Commission in writing a request for a of the common stock of Fidelity Fund, hearing on the matter accompanied by Inc. (“Fidelity Fund”), and cash, to developments in this matter, including the date of the hearing (if ordered) and a-statement as to the nature of his in Applicant’s shareholders of record on terest, the reason for such request, and March 21, 1969, in the ratio of 2.12754 any postponements thereof. the issues of fact or law proposed to be shares of Fidelity Fund for each share of For the Commission (pursuant to dele controverted, or he may request that he Applicant’s common stock outstanding, gated authority). be notified if the Commission shall order Plus a liquidating cash distribution. Ap a hearing thereon. Any such communica plicant had outstanding on that date [seal] Orval L. DuBois, tion should be addressed: Secretary, Se 11,252 shares and 26 shareholders. The Secretary. curities and Exchange Commission, Fidelity Fund shares and cash distribu [F.R. Doc. 69-12651; Filed, Oct. 22, 1969; Washington, D.C. 20549. A copy of such tion have been distributed upon the sur 8:46 a.m.] request shall be served personally or by FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17220 NOTICES mail (airmail if the person being served Washington Stock Exchange, the war Equities Corp., a District of Columbia is located more than 500 miles from the rants for $1 par common stock and the corporation, being traded otherwise than point of mailing) upon Applicant at the $1.05 convertible preferred stock being on a national securities exchange is re address set forth above. Proof of such listed and registered on the American quired in the public interest and for the service by affidavit (or in case of an at Stock Exchange, and the Pacfic Coast protection of investors; torney at law by certificate) shall be Stock Exchange pursuant to the provi It is ordered, Pursuant to section 15(c) filed contemporaneously with the request. sions of the Securities Exchange Act of (5) of the Securities Exchange Act of At any time after said date, as provided 1934 and all other securities of Com 1934, that trading in such securities by Rule 0-5 of the rules and regulations monwealth United Corp., being traded otherwise than on a national securities promulgated under the Act, an order dis otherwise than on a national securities exchange be summarily suspended, this posing of the application herein may be exchange; and order to be effective for the period Oc issued by the Commission upon the basis It appearing to the Securities and Ex tober 16, 1969, through October 25, 1969, of the information stated in said applica change Commission that the summary both dates inclusive. tion, unless an order for hearing upon suspension of trading in such securities By the Commission. said application shall be issued upon re on such exchanges and otherwise than quest or upon the Commission’s own on a national securities exchange is re [seal] Orval L. DuBois, motion. Persons who request a hearing quired in the public interest and for the Secretary. or advice as to whether a hearing is or protection of investors; [FrR. Doc. 69^12656; Filed, Oct. 22, 1969; dered will receive notice of further de It is ordered, Pursuant to sections 8:47 a.m.] velopments in this matter, including the 15(c) (5) and 19(a) (4) of the Securities date of the hearing (if ordered) and any Exchange Act of 1934, that trading in postponements thereof. such securities on the American Stock LIQUID OPTICS CORP. Exchange, the Pacific Coast Stock Ex Order Suspending Trading For the Commission (pursuant to dele change, and the Philadelphia-Balti- gated authority). more-Washington Stock Exchange, and October 17, 1969. [seal! Orval L. DuBois, otherwise than on a national securities It appearing to the Securities and Ex Secretary. exchange be summarily suspended, this change Commission that the summary [F.R. Doc. 69-12652; Filed, Oct. 22, 1969; order to be effective for the period Oc suspension of trading in the common 8:46 a.m.] tober 20, 1969, through October 29, stock of Liquid Optics Corp., a New 1969, both dates inclusive. York corporation, and all other By the Commission. securities of Liquid Optics Corp. being COMMERCIAL FINANCE CORPORA traded otherwise than on a national TION OF NEW JERSEY [seal] Orval L. DuBois, securities exchange is required in the Secretary. public interest and for the protection Order Suspending Trading [F.R. Doc. 69-12654; Filed, Oct. 22, 1969; of investors; October 17, 1969. 8:46 a.m.] It is ordered, Pursuant to section 15(c) It appearing to the Securities and Ex (5 )~ of the Securities Exchange Act of change Commission that the summary [File No. 1-3421] 1934, that trading in such securities suspension of trading in the common otherwise than on a national securities stock and all other securities of Com CONTINENTAL VENDING MACHINE exchange be summarily suspended, this mercial Finance Corporation of New CORP. order to be effective for the period Octo Jersey, a New Jersey corporation, being ber 18, 1969, through October 27, 1969, traded otherwise than on a national Order Suspending Trading both dates inclusive. securities exchange is required in the October 17,1969. By the Commission. public interest and for the protection of It appearing to the Securities and Ex- “ [seal] Orval L. DuBois, investors^ change Commission that the summary Secretary. It is ordered, Pursuant to section suspension of trading in the common 15(c) (5) of the Securities Exchange Act stock, 10 cents par value of Continental [F.R. Doc. 69-12657; Filed, Oct. 22, 1969; of 1934, that trading in such securities Vending Machine Corp., and the 6 per 8:47 a.m.] otherwise than on a national securities cent convertible subordinated debentures exchange be summarily suspended, this due September 1, 1976, being traded PACIFIC FIDELITY CORP. order to be effective for the period Oc otherwise than on a national securities tober 18, 1969, through October 27, 1969, exchange is required in the public inter Order Suspending Trading both dates inclusive. est and for the protection of investors; October 16, 1969. By the Commission. It is ordered, Pursuant to section 15(c) It appearing to the Securities and Ex (5) of the Securities Exchange Act of change Commission that the summary [seal] Orval L. DuBois, 1934^ that trading in such securities Secretary. suspension of trading in the common otherwise than on a national securities stock of Pacific Fidelity Corp., a [F.R. Doc. 69-12653; Filed, Oct. 22, 1969; exchange be summarily suspended, this Nevada corporation, and all other 8:46 a.m.] order to be effective for the period Octo securities of Pacific Fidelity Corp. being ber 19, 1969, through October 28, 1969, traded otherwise than on a national [File No. 1-4563] both dates inclusive. securities exchange is required in the By the Commission. public interest and for the protection of COMMONWEALTH UNITED CORP. investors; [seal] Orval L. DuBois, Order Suspending Trading It is ordered, Pursuant to section 15(c) Secretary. (5) of the Securities Exchange Act of October 17, 1969. [F.R. Doc. 69-12655; Filed, Oct. 22, 1969; 1934, that trading in such securities The common stock, $1 par value, of 8:46 a.m.] otherwise than on a national securities Commonwealth United Corp.) a Cali exchange be summarily suspended, this fornia corporation, being listed and order to be effective for the period Octo registered on the American Stock Ex LIBERTY EQUITIES CORP. ber 17, 1969, through October 26, 1969, change, the Philadelphia-Baltimore- Order Suspending Trading both dates inclusive. Washington Stock Exchange, and the Pacific Coast Stock Exchange, the 6 October 15,1969. By the Commission. percent convertible subordinated de It appearing to the Securities and Ex [seal] Orval L. DuBois, bentures due 1983, being listed and change Commission that the summary Secretary. registered on the American Stock Ex suspension of trading in the common [F.R. Doc. 69-12658; Filed, Oct. 22, 1969; change and the Philadelphia-B<imore- stock and all other securities of Liberty 8:47 a.m .] FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17221 W. L. Dozier & Son, foodstore; Route 1, G. C. Murphy Co., variety-department Elmore, Ala.; 7-7-69 to 7-6-70. stores: No. 429, Wapakoneta, Ohio, 8-1-69 to SMALL BUSINESS Draper & Darwin Stores, department store; 7-31-70; No. 34, Blairsville, Pa., 7-29-69 to Main Street, Franklin, Tenn.; 7-29-69 to 7- 28-70. ADMINISTRATION 7- 28-70. J. J. Newberry Co., variety-department [Delegation of Authority No. 30; George’s Super Valu, foodstore; 555 Rail stores from 7-31-69 to 7-30-70: No. 104, Cleveland Disaster 1 ] road Drive, Elk River, Minn.; 8-6-69 to Asbury Park, N.J.; No. 36, Dover, N.J.; No. 8- 5-70. 487, Red Bank, N.J.; No. 190, Springfield, N.J. MANAGER, DISASTER BRANCH Glendive Community Hospital, hospital; Northwood Deaconess Hospital and Home Glendive, Mont,; 8-6-69 to 8-5-70. Association, hospital; Northwood, N. Dak.; OFFICE, CLEVELAND Goldblatt Brothers, Inc., department store; 8- 7-69 to 8-6-70. 4700 South Ashland Avenue, Chicago, 111.; Piggly Wiggly, foodstores from 8-12-69 to Rescission of Delegation of 8-1-69 to 7-31-70. 8-11-70: No. 47, Allendale, S.C.; Hamlin, Authority Golden Good Shepherd Home, nursing Tex. home; Golden, 111.; 8-26-69 to 8-25-70. Red Dot Super Market, foodstore; Ellijay, Notice is hereby given that Delega W. T. Grant Co., variety-department Ga.; 7-3-69 to 7-2-70. tion of Authority No. 30, Disaster 1, 34 stores: No. 482, Delphos, Ohio; 8-22-69 to Reed Drug Co., drug store; 201 South Main F.R. 13346, is hereby rescinded in its 8-21-70; No. 343, Milwaukee, Wis., 7-21-69 Street, Stillwater, Minn.; 7-21-69 to 7-20-70. entirety. to 7-20-70. Rose’s Stores, Inc., variety-department Hageman’s Cash Store, foodstore; Bovey, store; No. 10, Rockingham, N.C.; 8-19-69 to Effective Date: October 6, 1969. Minn.; 8-4-69 to 8-3-70. 8-18-70. John F. O’Brien, Hen House Super Markets, foodstore; No. 1, Roth’s Department Store, department Acting Regional Director, Kansas City, Mo.; 8-18-69 to 1-31-70. store; 100 East Third Street, Mount Vernon, Cleveland Regional Office. Jim’s Super Valu, foodstore) Rockwell Ind.; 8-28-69 to 8-27-70. City, Iowa; 7-21-69 to 7-20-70. W. A. Rowe Floral Co., agriculture; Kirk [FJt. Doc. 69-12659; Filed, Oct. 22, 1969; Jordan Auto Co., Inc., auto dealer; Natchez, wood, Mo.; 7-27-69 to 7-26-70. 8:47 a.m.] Miss.; 6-28-69 to 6-27-70. Rozier Mercantile Go., department store; Jr.’s J & J Cash Market, foodstore; Circle No. 2, East Ste. Maries Street, Perryville, Mo.; Drive, McKenzie, Tenn.; 8-6-69 to 8-5-70. 8-16-69 to 8-15-70. S. S. Kresge Co., variety-department stores Scott Store, variety-department stores from 8-11-69 to 8-10-70 except as otherwise from 7-21-69 to 7-20-70 except as otherwise DEPARTMENT OF LABOR indicated: No. 247, Hamden, Conn.; No. 4586, indicated: No. 92, Chicago, 111. (8-27-69 to W age and Hour Division Alton, 111. (7-25-69 to 7-24-70); No. 4561, 8-26-70); No. 24, Danville, 111. (6-27-69 to Chicago, 111. (7-21-69 to 7-20-70); No. 399, 6- 26-70); No. 79, Sauit Ste. Marie, Mich. CERTIFICATES AUTHORIZING THE Worcester, Mass.; No. 582, Detroit Mich. (7-23-69 to 7-22-70); Nos. 13 and 14, Akron, EMPLOYMENT OF FULL-TIME STU (8-13-69 to 8-12-70); No. 659, Detroit, Mich. Ohio; No. 86, Cleveland, Ohio. (7-24-69 to 7-23-70); No. 536, Holland, Search Food Stores, Inc., foodstores from DENTS WORKING OUTSIDE OF Mich. (8-20-69 to 8-19-70); No. 4590, Bur 8-25-69 to 8-24—70: South Side, Greenfield, SCHOOL HOURS AT SPECIAL MIN lington, Vt.; No. 4618, Sheboygan, Wis. 111.; West Clay Street, Roodhouse, HI.; White IMUM WAGES IN RETAIL OR SERV (8-1-69 to 7-31-70). hall, 111. S. H. Kress and Co., variety-department Smith’s Quality Super Market, Inc., food- ICE ESTALISHMENTS OR IN AGRI store; 115 Dauphin Street, Mobile, Ala.; 8- store; 141 Manchester Street, Glen Rock, CULTURE 3-69 to 8-2-70. Pennsylvania; 8-8-69 to 8-7-70. Leys Department Store, department stores Sterling Stores Co., Inc., variety stores Notice is hereby given that pursuant from 7-29-69 to 7-28-70: East Mill Street, from 8—3—69 to 8—2—70 except as otherwise to section 14 of the Fair Labor Standards Plymouth, Wis.; 258 North Main Street, West indicated: 106—110 North Market Street, Ben Act of 1938 (52 Stat. 1060, as amended, Bend, Wis. ton, Ark.; 130 West Main, Blytheville, Ark.; 20 U.S.C. 201 et seq.), the regulation on H. B. Magruder Memorial Hospital, hospi 109-111 North Vine, Harrison, Ark.; Capitol employment of full-time students (29 tal; Fulton Street, Port Clinton, Ohio; 8-7- Avenue and Center Street, Little Rock, Ark.; CFR, Part 519), and Administrative 69 to 8-6-70. 2627 Pike Avenue, North Little Rock, Ark.; Order No. 595 (31 F.R. 12981), the estab Harold Mangelsen and Sons, Inc., variety 104 East Hale Street, Osceola, Ark.; 208-212 lishments listed in this notice have been store; 3457 South 84th Street, Omaha, Nebr.; Main Street, Russellville, Ark. 7-31-69 to 7-30-70. Steve’s Shoes, Inc., shoe store; 345 Blue issued special certificates authorizing the Ridge Center, Kansas City, Mo.; 7-29-69 to employment of full-time students work McCaskill Burke Tractor, Inc., farm equip 7- 28-70. ing outside of school hours at hourly ment dealer; corner South Green and Jack- T. G. & Y. Stores Co., variety-department wage rates lower than the minimum son, Marianna, Fla; 7-17-69 to 7-16-70. stores: No. 34, Tulsa, Okla., 8-12-69 to 8-11— wage rates otherwise applicable under MeCrory-McLellan-Green Stores, variety- 70; No. 113, Wichita Falls, Tex., 8-2-69 to section 6 of the act. The effective and department stores from 7-30-69 to 7-29-70 8- 1-70. except as otherwise indicated: No. 239, Fort Walker Shoe Store, shoe stores from 7-22- expiration dates are as indicated below. Smith, Ark. (8-3-69 to 8-2-70); No. 318, 69 to 7—21—70: 608 Walnut, Des Moines, Iowa; The minimum certificate rates are not Hialeah, Fla. (8-17-69 to 8-16-70); No. 229, 756 Main Street, Dubuque, Iowa; 112-116 less than 85 percent of the applicable New Orleans, La. (8-3-69 to 8-2-70); No. 275, East Fourth Street, Waterloo, Iowa. statutory minimum. McComb, Miss. (8-3-69 to 8-2-70); No. 1032, Charlie Womack Garden & Nursery, agri The following certificates provide for Asbury Park, N.J.; No. 91, Burlington, N.J. culture; 1602 Cherokee Road, Florence, S.C4 an allowance not to exceed the propor (7-31-69 to 7-30-70); No. 168, Camden, N.J.; 7- 10-69 to 7-9-70. No. 1025, Elizabeth, N.J. (8-1-69 to 7-31-70); F. W. Woolworth Co., variety-department tion of the total hours worked by full No. 1152, Irvington, N.J. (7-29-69 to 7-28- store; No. 814, Jackson, Miss.; 8-16-69 to time students at rates below $1 an hour 70); No. 272, Jersey City, N.J.; No. 1034, 8- 15-70. to the total number of hours worked by Manasquan, N.J.; Nos. 251 and 1085, Newark, Wright’s Super Market, foodstore; 824 all employees in the establishment dur N.J.; No. 240, Orange, N.J.; No. 131, Passaic, Third Avenue, West Point, Ga.; 7-22-69 to ing the base period in occupations of the N.J. (8-1-69 to 7-31-70); No. 301, Union, N.J.; 7-21-70. same general classes in which the estab No. 404, Salisbury, N.C. (8-3-69 to 8-2-70); lishment employed full-time students at No. 134, Rock Hill, S.C. (8-6-69 to 8-2-70). The following certificates were issued wages below $1 an hour in the base Morgan & Lindsey, Inc., variety-depart to establishments relying on the base- period. ment stores from 8-3-69 to 8-2-70 except as year employment experience of other es otherwise indicated: No. 3090, Arabi, La.; No. tablishments, either because they came Barnes Mercantile Co., department store; 3083, Morgan City, La.; No. 3005, Natchi into existence after the beginning of the Mansfield, Ark.; 6-21-69 to 6-20-70. toches, La. (8-8-69 to 8-7-70); Nos. 3057 and applicable base year or because they did Bill’s Clothes, Inc., apparel store; 15119 St. 3068, New Orleans, La.; No. 3019, Ruston, La.; Clair Avenue, Cleveland, Ohio; 7-29-69 to No. 3086, Sulphur, La.; No. 3050, West Mon not have available base-year records. The 7-28-70. roe, La; No. 3085, Gulfport, Miss.; No. 3084, certificates permit the employment of Braselton Brothers, Inc., department store; Hattiesburg, Miss.; No. 3051, Jackson, Miss.; full-time students at rates of not less Braselton, Ga.; 8-9-69 to 8-8-70. No. 382, Laurel, Miss. than 85 percent of the statutory mini Bronson’s, apparel store; 122 Normandale Morgan’s Foodway Grocery and Pharmacy, mum in the classes of occupations listed, Arcade, Montgomery, Ala.; 8-5-69 to 8-4-70. foodstore; 1701 South Richay, Pasadena, Tex.; and provide for the indicated monthly Channelview Food Market, Inc., foodstore; 7-21-69 to 7-20-70. limitations on the percentage of full 777 Sheldon Road, Channelview, Tex.; 7- 21- M. E. Moses Co., variety store; No. 14, time student hours of employment of all 69 to 7-20-70. Dallas, Tex.; 8-13-69 to 8-12-70. employees. J FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17222 NOTICES A. J. Bayless Markets, Inc., foodstore; No, tomer service); No. 4204, Warren, Mich., 10 7-28-70; No. 61, San Antonio, Tex., 8-1-69 to 57, Tucson, Ariz.; package clerk, service clerk; percent, 7-28-69 to 7-27-70 (maintenance, 7- 31-70 (salesclerk, stock clerk, office clerk, 20 to 23 percent; 8-1-59 to 7-31-70. : stock clerk, salesclerk, checker-cashier, cus maintenance, 12 to 33 percent). Bill’s Clothes, Inc., apparel stores for the tomer service, office clerk, display clerk); No. J. J. Newberry Co., variety-department occupations of salesclerk, stock clerk, cashier, 578, Hazelwood, Mo., 17 to 30 percent, 7-28- store; No. 563, Freehold, N.J.; salesclerk, of 10 percent, 7-29-69 to 7-28-70: 522 Richmond 69 to 7-27-70 (salesclerk, stock clerk, office fice clerk, stock clerk, janitorial, window Mall, Richmond Heights, Ohio; 29900 Lake- clerk, maintenance, checker-cashier); NO. trimmer, marker; 9 to 17 percent; 7-31-69 shore Boulevard, Willowick, Ohio. 4280, Springfield, Mo., 1 to 10 percent, 7-21- to 7-30-70. Brenny’s Market, foodstore; 314 West Third 69 to 7-20-70 (salesclerk, stock clerk, office One Stop Pharmacy, Inc., drugstores for Street, Carroll, Iowa; checker, carryout; 21 to clerk, checker-cashier); No. 4120, Lincoln, the occupations of clerk, stock clerk, 5 to 11 29 percent; 8-1-69 to 7-31—70. Nebr., 3 to 10 percent, 8-1-69 to 7-31-70 percent, 7-30-69 to 7-29-70: 3824 Auburn Chi’s Foodway Market, foods tor es for the (salesclerk, checker-cashier, stock clerk, of Street, Rockford, 111.; 517 Marchesano Drive, occupations of bagger, carryout, 12 to 22 fice clerk); No. 4182, Greensboro, N.C., 11 to Rockford, 111. percent, 7-16-69 to 7-14-70: No. 2, Braden 22 percent, 8-6-69 to 8-5-70 (salesclerk, Park-N-Save, foodstore; Monroe, Ohio; ton, Fla.; 2923 Manatee Avenue, West, Bra checker-cashier); No. 199, Dayton, Ohio, 9 to carryout, stock clerk, cleanup; 10 percent; denton, Fla. 10 percent, 8—19-69 to 8-18—70 (salesclerk, 8- 28-69 to 8-27-70. Cooper’s apparel store; 227 West Coal Ave checker-cashier, customer service, stock Piggy Wiggly, foodstores for 10 percent ex nue, Gallup, N. Mex.; salesclerk, stock clerk, clerk, maintenance, food preparation); No. cept as otherwise indicated: 2-6 Cooper office clerk, gift wrapper; 5 to 18 percent; 686, Tiffin, Ohio, 10 percent, 8-23-69 to 8- Street, Evergreen, Ala., bagger, carryout, 8-4- 8-29-69 to 8-28-70. 22—70 (salesclerk, checker-cashier, customer 69 to 8-3-70 (9 to 10 percent); Batesville, Crest Stores Co., variety stores for the oc service, stock clerk, maintenance); No. 4194, Miss., bagger, carryout, stock clerk, butcher’s cupations of salesclerk, stock clerk, 10 to 45 Wyoming, Ohio, 7 to 22 percent, 8-14-69 to helper, 7-28-69 to 7-27-70; No. 45, Hampton, percent, 7-14-69 to 7-13-70 except as other 8-13-70 (salesclerk, stock clerk, office clerk, S.C., package clerk, checker, market clerk, wise indicated: South Forest Shopping Cen maintenance, checker-cashier, customer serv 8-12-69 to 8-11-70. ter, Asheville, N.C. (8-17-69 to 8-16-70); ice) ; No. 4132, Arlington, Tex., 7 to 27 per R-B North Side Clothing Stores, Inc., ap Smith Crossroads Shopping Center, Lenoir, cent, 8-23-69 to 8-22-70; No. 4302, Galveston, parel store; 4131 North Harlem Avenue, Chi N.C.; Town & Country Shopping Center, Lin- Tex., 7 to 27 percent, 7-21-69 to 7-20-70; No. cago, 111.; stock clerk, will call clerk, wrapper; colnton, N.C.; 519 12th Street, West Colum 782, Houston, Tex., 7 to 27 percent, 8-12-69 8 to 10 percent; 8-8-69 to 8-7-70. bia, S.C. (8-1-69 to 7-31-70). to 8-11-70; No. 4299, Houston, Tex., 7 to 27 Raylass Department Store, department Dale Drugs Inc., drugstore; No. 3, Union percent, 8-4-69 to 8-3-70 (salesclerk, stock store; East Main Street, Walhalla, S.C.; sales Lake, Mich.; clerk, stock clerk; 25 to 45 per clerk, maintenance); No. 4133, Irving Tex., clerk, stock clerk, office clerk, marker, clean cent; 8—4-69 to 8-3-70. 7 to 27 percent, 8-19-69 to 8-18-70. up; 8 to 42 percent; 7-28-69 to 7-27—70. Duckwall Stores Co., variety-department Learner Shops, apparel stores for the oc Reed Drug Co., drug stores for the occupa store; No. 90, Pampa, Tex.; salesclerk, stock cupations of salesclerk, cashier, credit clerk: tions of salesclerk, stock clerk, cashier, deliv clerk; 22 to 48 percent; 8-8-69 to 8-7—70. No. 266, Hammond, Ind., 6 to 23 percent, 8- ery clerk, 38 to 40 percent, 7-21-69 to 7-20- Edward’s, Inc., variety store; Highway 17 18-69 to 8-17-70; No. 316, Wayne, N.J., 19 70: 7810 Olson Highway, Minneapolis, Minn.; South at 10th Street, Myrtle Beach, S.C.; to 37 percent, 8-4-69 to 8-3-70; No. 315, 505 South Lake Avenue, White Bear Lake, salesclerk, stock clerk, checker, layaway Scranton, Pa., 2 to 15 percent, 8-19-69 to Minn. clerk, pricing clerk, 10 to 15 percent; 8-13-69 8-18-70. Rose’s Stores, Inc., variety department to 8-12-70. Magic Mart, Inc., department store; 1605 stores for the occupations of salesclerk, stock riser’s AG Supermarket, foodstore; Main East Harding, Pine Bluff, Ark.; salesclerk, clerk except as otherwise indicated, 13 to 32 and Pine Streets, Sheridan, Ark.; stock clerk, stock clerk, janitorial, 6 to 17 percent, 8-14- percent except as otherwise indicated, 8-14- carryout, sacker, checker, cleanup; 15 to 23 69 to 8-13-70. 69 to 8-13-70 except as otherwise indicated: percent; 8-6-69 to 8-5-70. McCrory-McLellan Green Stores, variety- No. 138, Anniston, Ala. (salesclerk, stock Goldblatt Brothers, Inc., department store; department stores for the occupations of clerk, office clerk, checker); No. 163, Opelika, 3057 West 159th Street, Markham, 111.; sales salesclerk, stock clerk, office clerk except as Ala. (salesclerk, stock clerk, checker, marker, clerk, stock clerk; 5 to 7 percent; 8—14r-69 to otherwise indicated, 8-1-69 to 7-30-70 ex window trimmer, order writer); No. 183, Hen 8-13-70. cept, as otherwise indicated: No. 3501, derson, N.C. (5 to 27 percent, 7-7-69 to 7-6- W. T. Grant Oo., variety-department stores: Northport, Ala., 7 to 24 percent (8-20-69 to 70); No. 184, Lexington, N.C. (13 to 28 per No. 956, Citrus Heights, Calif., salesclerk, 8-19-70); No. 205, Waterbury, Conn., 7 to cent, 7-14-69 to 7-13-70); No. 97, Lebanon, stock clerk, 4 to 18 percent, 8—4—69 to 7-31— 28 percent (salesclerk, stock clerk, office Tenn. (salesclerk, 3 to 16 percent, 7-28-69 to 70; No. 143, Oxnard, Calif., salesclerk, 4 to 7 clerk, porter); No. 256, Clearwater, Fla., 4 7- 27-70). percent, 8-1-69 to 7-31-70; No. 1166, Silver to 18 percent (salesclerk, office clerk, stock Schensul’s Cafeteria, restaurant; West Main Spring, Md., salesclerk, stock clerk, office clerk, porter, 8-7-69 to 8-6-70); No. 172, Fort Street, Kalamazoo, Mich.; bus boy (girl), clerk, cashier, 4. to 10 percent, 8-19-69 to Walton Beach, Fla., 13 to 26 percent (8-8-69 coffee girl (boy), counter helper, dishwasher, 8-18-70. to 8-7-70); No. 361, New Smyrna Beach, Fla., food preparer, short order cook; 49 to 77 per H.E.B. Food Store, food stores for the occu 4 to 17 percent (8-3-69 to 8-2-70); No. cent; 8-18-69 to 8-17-70. pations of sacker, bottle clerk, package clerk, 7501, Orlando, Fla., 4 to 15 percent (8-3-69 Scott Store, variety-department stores for 10 percent: No. 119, Gatesville, Tex., 8-4-69 to 8-2-70); No. 232, Wauchula, Fla., 10 to the occupations of salesclerk, stock clerk, to 8-3-70; No. 86, Ingleside, Tex., 7-30-69 to 30 percent (salesclerk, stock clerk, office checker, 11 to 23 percent except as otherwise 7-29-70; No. 114, McAllen, Tex., 7-25-69 to clerk, porter); No. 247, Omaha, Nebr., 7 to indicated, 7-21-69 to 7-20-70 except as other 7- 24-70. 21 percent (salesclerk, stock clerk, office wise indicated: No. 114, Farmington, Mich. Hen House Super Markets, foodstores for clerk, porter); No. 7506, Jersey City, N.J., 9 (5 to 20 percent, 7-23-69 to 7-22-70); No. 69, the occupations of bagger, bottle clerk, carry to 20 percent (7-30-69 to 7-29-70); No. 218, Brainerd, Minn. (0.6 to 15 percent, 7-22-69 out, janitorial, meat clerk, 10 to 36 percent, Perth Amboy, N.J., 19 to 37 percent. to 7-21-70); No. 11, Cincinnati, Ohio (10 to 8- 18-69 to 1-31-70: No. 3, Harrisonville, Mo.; Mini Mart Convenience Grocery, foodstore; 26 percent); No. 920, Cuyahoga Falls, Ohio No. 2, Kansas City, Mo. Manhattan, Kans.; stock clerk, sacker, carry (8-15-69 to 8-14-70); No. 110, Reynoldsburg, Johnson’s Super Market, foodstore; No. 2, out, janitorial, maintenance; 10 to 25 per Ohio. . Mountain Home, Ark.; carryout, sacker, cent; 8-8-69 to 8-7-70. Spies Super Valu, foodstore; Pierre, S. Dak.; checker, cart clerk; 8 to 20 percent; 8-14-69 Morgan & Lindsey, Inc., variety-depart checker, carryout, janitorial, wrapper, stock to 8-13-70. ment store; No. 3046, Alexandria, La.; stock clerk; 18 to 24 percent; 8-19-69 to 8-18-70. S. S. Kresge Co., variety-department stores clerk, salesclerk; 6 to 31 percent; 8-16-69 to Stamper Brothers Super Market, foodstore; for the occupation of salesclerk except as 8-15-70. Olive Hill, Ky.; carryout, stock clerk; 14 to 25 otherwise indicated: No. 4046, Hot Springs, Morgan Floral Co., agriculture; Fort Mor percent; 7-25-69 to 7-24-70. Ark'.,. 2 to 19 percent, 8-3-69 to 8-2-70; No. gan, Colo.; general agriculture nursery Sterling Stores Co., variety store; Fayette 4127, Little Rock, Ark., 2 to 15 percent, 8- worker; 21 to 81 percent; 7-21-69 to 7-20-70. ville, Ark.; salesclerk, stock clerk, janitorial; 19-69 to 8-18-70; No. 4286, Jacksonville, Fla., M. E. Moses Co., variety store; No. 36, 17 to 40 percent; 8-13-69 to 8-12-70. 7 to 14 percent, 7-31-69 to 7-30-70 (sales Hurst, Tex.; salesclerk, checker; 19 to 50 per Super Duper Food, foodstores for the occu clerk, stock clerk, office clerk, checker- cent; 7-7-69 to 7-6-70. pations of stock clerk, sacker, 6 to 10 percent, cashier, maintenance, customer service) ; No. G. C. Murphy Co., variety-department 8- 8-69 to 8-7-70: 3661 North Sixth Street, 4140, Atlanta, Ga., 11 to 22 percent, 7-10-69 store; No. 305, Landover, Md.; salesclerk, of Abilene, Tex.; 2665 Buffalo Gap R oad, Abilene, to 7-9-70; No. 4138, Sandy Springs, Ga., 4 fice clerk, stock clerk, janitorial; 10 to 34 Tex. to 10 percent, 7-7-69 to 7-6-70; No. 4079, percent; 8-7-69 to 8-6-70. Swiss Village, Inc., nursing home; Berne, Fort Wayne, Ind., 5 to 10 percent, 8-26-69 Neisner Brothers, Inc., variety-department Ind.; nurses’ aide, kitchen aide, dining room to 8-25—70 (salesclerk, stock clerk, checker- stores for the occupations of salesclerk, office aide; 13 to 23 percent; 8-20-69 to 8-19-70. cashier, office clerk) ; No. 4192, Southfield, clerk,- stock clerk except as otherwise in T. G. & Y. Stores Co., variety-department Mich., 10 percent, 8-14-69 to 8-13-70 (stock dicated, 10 to 29 percent except as otherwise stores for the occupations of salesclerk, stock clerk, maintenance, office clerk, food prep indicated: No. 178, Apopka, Fla., 8-4r-69 to clerk, office clerk except as otherwise indi aration, salesclerk, checker-cashier, cus 8-3-70; No. 87, Haines City, Fla., 7-29-69 to cated, 20 to 30 percent except as otherwise FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 NOTICES 17223 indicated, 8-12-69 to 8-11—70 except as other employed under a certificate. The cer wise indicated: No. 556, El Cajon, Calif.; Nos. 523 and 561, Riverside, Calif.; No. 1701, Lake tificates may be annulled or withdrawn, City, S.C. (salesclerk, stock clerk, 18 to 30 as indicated therein, in the manner percent); No. 804, Odessa, Tex. (7 to 21 per provided in Part 528 of Title 29 of the cent, 8-14-69 to 8-13-70). Code of Federal Regulations. Any per Walker Shoe Store, shoe store; 516 Fourth son aggrieved by the issuance of any of Street, Sioux City, Iowa; stock clerk; 8 to 16 these certificates may seek a review or percent; 7-22-69 to 7-21-70. reconsideration thereof within 30 Each certificate has been issued upon days after publication of this notice in the representations of the employer the Federal Register pursuant to the which, among other things, were the em provisions of 39 CFR 519.9. ployment of full-time students at special Signed at Washington, D.C., this 15th minimum rates is necessary to prevent day of October 1969. curtailment of opportunities for employ ment, and the hiring of full-time stu Robert G. Gronewald, dents at special minimum rates will not Authorized Representative create a substantial probability of re of the Administrator. ducing the full-time employment op [F.R. Doc. 69-12642; Filed, Oct. 22, 1969; portunities of persons other than those 8:46 a.m.] No. 204—■ 11 FEDERAL REGISTER, VOL. 34, NO. 204— THURSDAY, OCTOBER 23, 1969 17224 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER The following numerical guide Is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during October 3 CFR Page 7 CFR—Continued Page 7 CFR—Continued page P roclamations : 989 ______15340, 16860 P roposed Rules—Continued 3938 ______15523 1421______15414, 15448, 16423 1099______16881 3939 ______15525 1443______15559 1101______— 16881 3940 ______15695 1446______15640 1102______16881 3941 _ 16855 1602______157851103______16881 1104______16881 3942 ______17097 Proposed Rules: 3943 ______- ______17099 1106______16881 26______- ______17031 1108______16881 Executive Orders: 51_____ 4.______17110 1120______16881 5327 (revoked in part by PLO 55______15561 1121- ______16881 4718______- ______17170 725______- ______17175 1125______16881 8647 (see PLO 4703)____ 15557 730______15485 1126______16881 * 8920 (modified by PLO 4709) _ 15755 815______- _____ 17110 1127______16881 • 1003Ö (superseded by EO 906—______15361, 17031 1128____ - ______— 16881 11485)______15411 907.______15713, 17176 1129-______16881 10753 (superseded by EO 925______15486 1130______16881 11487)___ 15593 931___ 1 ______- ______15362 1131 ______16548 11230 (see EO 11488)-______15835 945______15486 1132 ______— ------16881 11484______— 15337 947______16626 1133______15716, 16881 11485— ______15411, 15443 953__ 15716 1134 ______16881,17070 11486______15527 959______16627 1136— r______- 16881 11487 ______— 15593 966______16547,17114 1137— 1—------______16881 11488 ______15835 980______16548 1138______16881 Presidential Documents Other 982______15562, 15758 Than Proclamations and Exec 984______15420,15845 9 CFR utive Orders : 989______- ______17032 15641 Reorganization Plan No. 1 of 991______—— 17032 _ 15290 1969______15783 1001 ______15362, 16881 1002 ______16881 371 _ _ 15642 5 CFR 1003______16881 Proposed Rules: 1004 ______16881 . 16556 213______15297, 1005 ______16881 203 15413, 15558, 15559, 15595, 15711, 301 330______15362 1006 ______16881 15800 15712, 15747, 15837, 16594, 17061 1007—______17065 327______550______15747 713______15595 1011—______16881 1012______— 16881 1 0 CFR 1013____ I______16881 112 15558 7 CFR 1015______15362, 16881 5 15785 1016—:______r.______16881 1030______—— 16881 1 2 CFR 29— ______—______17061 15595 6 8 ______15631 1032 ___ _!______16881 1033______J____ 16881 211 ______17162 171______15632 ___ 16609 210______15414 1034 ______- ______16881 'rrr ______220-______- ______15414 1035 ______16881 ^Proposed Rules: 225______15414 1036— ______16881 220______... 16629 319______15559 1040 ______- 16881 354______15636 1041 ______16881 1 3 CFR 722 ______15445,15446,16857,17101 1043 ______16881 15452 1044 ______r. 16881 im ______728______16421, 16596 121______15596 813______16608 1046______16881 831______17102 1049______16881 1050—______16881 14 CFR 833______16422 39______15290-15292, 849 ______17153 1060______16881 850 ______I—_ 17153-17155 1062______16881 15340, 15466, 15467, 15748, 16543, 16860, 16861 855______15785 1063______— 16881 61______17162 873 ______17159 1064______:______16881 1065 ______16881 71 _-____ .______15292, 874 ______15637,17061 "15293, 15341, 15467, 15468, 15596, 908 ______15339,15640 1068______—- ______:------16881 1069______— 16881 15642, 15749, 15786, 15787, 16543, 909______—------15747 16861-16863, 17103, 17104, 17164- 910______— 15447, 15748, 16858 1070-______16881 912 ______16858 1071_____— ______16881 17166 1073______16881 73 ______15787,17104,17105 913 ______16858 75 ______16863,17105 925—______17061 1075______16881 qi 15697 931 ______16858 1076______16881 1078_____-______16881 95— ______15697 932 ______;------15339 97—ZI——I l——__ 15531, 15699, 16610 9 4 5 ______.______16859 1079______16881 1 oc ______16622 946 ______- ______- 15837 1090______16881,17065 nqo"----- 7“ __ 15293 947 ______17161, 17162 1094______16881 948 ______15290, 15447 1096 ______— 16881 378-, ^ 16864 378a 958—______— 15448 1097 ______16881 ___ 15413 984______17062 1098______16881 385- FEDERAL REGISTER 17225 14 CFR—Continued Page 21 CFR—-Continued Page 41 CFR—Continued Page 121______15295 389______16869 5A-73------16595 430______15749, 15750 15355, 15469, 15793, 15794, 15842,’ 16544, 17063, 17106 6-7------17166 Proposed R ules: 8-1------;____------15752 133------15645 1______16876 141------15596 8- 6—------——------15752 21______— — — 16876 148i------— ______15842 8-7------15470, 15753 25______16876 8-19------15753 149a----- ____------15295 8-52__,.------15754 37______7.______16876 320_------15295 39______15845 8-74------1 5 7 5 4 71______15298, P roposed R ules: 8-75------15470, 15754 15363-15365, 15487, 15488, 15600, 16------15486 101-14— ------16544 15601, 15659, 15660, 15758-15760, 18------15657 101-46------1______17170 15805, 15806, 16876-16878, 17114, 27------16875 101-47------16545 17178-17180 120------15658 73------._ 15760,17115 128a------17176 42 CFR 75------15364,15365,15601 130------1------15298 91------i ______16876 191------16557 57------— ____------15797 121------!______16876 81------____------_------15415 171—------16879 22 CFR P roposed R ules: 218______15299 22—,__—------15597 74------15800 224—______15661 78------16557 241------15422 24 CFR 81------15362, 15562, 15758, 16559 242------a------15556 15 CFR 1540 ______— 16871 30------16869 43 CFR 376------15837 25 CFR 20---- 15647 002------:------15787 P roposed R ules: P ublic Land Orders: ~ 221______15360,15361 261 (revoked in part by PLO 16 CFR 4706) ------15754 13------15345-15353, 26 CFR 881 (see PLO 4706)______15754 16428-16430, 16593, 17105 l ______------15556 1493 (revoked in part by PLO 15------15643,15792 151 ______------17106 4696)------"______15472 1548 (see PLO 4706)______15754 Proposed R ules: 28 CFR 1583 (revoked in part by PLO 252------.__ 15808 4715)------15843 501_—------15366 0------—„------15413, 16594 1626 (revoked in part by PLO 4715)------15843 17 CFR 29 CFR 2624 (revoked in part by PLO 231______657______15556 4698)------15472 240______781______15470 2655 (revoked in part by PLO Proposed R ules: 788______15794 4698)______15472 150______P roposed R ules 3152 (revoked in part by PLO 230 _ 17033,17034,17180 531______15486 4715)------15843 239______1500______15655 3520 (modified by PLO 240______4717) ------17170 31 CFR 3584 (revoked in part by PLO 18 CFR 100______4715)------15843 16427 4172 (revoked in part by PLO 2______200- ______15557 280______:______4715)----_;------15843 154___ 15557 4522 (revoked in part by PLO 157______32 CFR 4718) ------17170 260_ _ 4592 (corrected by PLO 4710) _ 15755 300____ 60__...... „ ...... 15296 4694 (corrected)______._ 15471 620__ 577______15796 4696------:______15472 Proposed R ules: 806______17062 4697"------15472 888c______1 5 4 _____ 17147 4698 ------15472 890______17062 4699------„___ 15472 19 CFR 4700 ------15473 33 CFR 4701— ------15473 l — 117______------15752 4702 ------—___ 15557 207 ______15557,15797 4703 ------15557 Proposed R ules: 208 ______15296,15646 4704 -- 15557 1_____ 4705 ------15598 1 1 ___ 36 CFR 4706 ------15754 7___ r_:___ 15414, 16872 4707 ------r___------15755 20 CFR 4708—------15755 P roposed R ules: 4709------— ------15755 7_.______...... 15419 4710 ------15755 Proposed R ules: . 4711 ------15755 405___ — 15804,16627,16628 39 CFR 4712— ------15842 Ch. I ____ 4713_------15843 21 CFR ------16431 135______------16542 4714_------15843 l — 4715 ------15843 41 CFR 4716 ------16622 4717 ------17170 5A-2„__ 16595 4718 ------17170 5A-72__ 16595 4719— ------.------17170 17226 FEDERAL REGISTER 45 CFR Page 47 CFR—Continued Page 49 CFR—Continued Page P roposed R ules: 6______15560 P roposed R ules: 401______:______16802 1 _ 17116 173______i ______15660 402 ______16819 2 ______15366 195______15489 403 ______16822 230______- ___ 15845 404 _ 16827 15_____ 15806 371,______15420,15421,17115 405 ______16836 * 61______17116 1047—______16559 406 ______- ______16839 67______15602 1056______- ______15719 408 ______— 16843 73— 15602,15603,16879,16880, 17117 1134______17037 409 _- ______16844 74______„______15422 1201______17117 801______15711 81______15366 83______— 15366 85______15366 50 CFR 46 CFR 87______—______15299 _____ 15345 10 ______15652 503______89______- 15808 12 ______- 15653 510______— _____ 15345 91______15808 2 8 ______15653, 16624, 17173 P roposed R ules: 32 ______15296, 502______15300, 17182 49 CFR 15356,. 15358, 15558, 15598, 15653, 528______17072 15756, 15799, 16545, 16546, 16624, 536______16880 71___ 15755 16873,17109,17173 180______- 15473 33 __ L______15654, 16873 47 CFR 195______- ______15473 280______- ______15416 371______15416 0—__ —...... _____ 15415 P roposed R ules: _____ 15341 375______17108 2______393______15417 15______2 — _____ 17171 12 ...... ——...... — 16626 _____ 17107 1033______—______15356 32___ 1______- ______15298 64______1048______15482,16623,17063 73______— _____ 17107 80______15600 91______15341,15342 1204______15483 256______— ______16557 97______15343,15393 1222______.______16873 279______16874 United States Government Organization MANUAL 1 9 6 9 -7 0 OFFICE 0F 'THE' FEOERAlAREdiSTEftV National 'Archives -and Records Service government General ¡$ervic*es Administration 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, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions o f the Federal Government, published by the Office of the Federal Register, GSA. 00 *3 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.