FEDERAL REGISTER VOLUME 32 • NUMBER 37

Friday, February 24, 1967 • Washington, D.C. Pages 3209-3282 (Part II begins on page 3269)

Agencies in this issue— Agricultural Research Service Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Housing and Urban Development Department Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau Panama Canal Railroad Retirement Board Securities and Exchange Commission Detailed list of Contents appears inside. 5 - Y tar Compilations of Presidential Documents Supplements to Title 3 of the Code of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 1938- of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

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AGRICULTURAL RESEARCH Proposed Rule Making INTERIOR DEPARTMENT SERVICE Control zone; proposed designa­ See Fish and Wildlife Service; tion ____ 3227 Land Management Bureau. Rules and Regulations Federal airway and jet route; pro­ Laboratory animal welfare.------3270 posed alteration and designa­ INTERNAL REVENUE SERVICE tion ___ 3228 Flight recorders; additional pa­ Rules and Regulations AGRICULTURE DEPARTMENT rameters a'______...______3226 Income tax; disallowance of sur­ See Agricultural Stabilization and Jet routes; proposed alteration_ 3228 tax exemption and accumulated Conservation Service; Commod­ earnings credit.,______3214 ity Credit Corporation; Con­ sumer and Marketing Service. FEDERAL COMMUNICATIONS INTERSTATE COMMERCE COMMISSION COMMISSION ATOMIC ENERGY COMMISSION Notices Notices Notices Standard broadcast applications Motor carrier: Carolina Power & Light Co.; notice ready and available for process­ Broker, water carrier and freight of hearing on application for ing ------____------3243 forwarder applications_____ 3251 Hearings, etc.: Temporary authority applica­ provisional construction per­ American Television Relay, Inc. 3237 mit ------3235 tions—______3265 American Television Relay, Inc., Transfer proceedings______3264 Louisiana ; proposed agreement for and Santa Fe Cablevision assumption of certain AEC regu­ C o ______g ______3236 latory authority------3233 Cirilli, Arthur A., et al______3237 LABOR DEPARTMENT Columbia Broadcasting System, Rules and Regulations CIVIL AERONAUTICS BOARD Inc. (WCAU) and Plains General regulations; additional Notices B r o a d c a s t i n g Co., Inc. records available for inspection. 3216 (KGYN) ______3237 Salt Lake City-Las Vegas-South­ Fetzer Cable Vision et al_____ 3238 UND MANAGEMENT BUREAU ern California service case; Valley-Vision, Inc______3243 notice of prehearing confer­ Western North Carolina Broad­ Notices ence ______3265 casters, Inc______3243 Area managers; delegations of authority ______3231 COMMODITY CREDIT Arizona; classification of lands_ 3229 FEDERAL POWER COMMISSION California; termination of pro­ CORPORATION Notices posed withdrawal, and reserva­ Notices ; Hearings, etc.: tion of lands; correction___ -_ 3229 Amerada Petroleum Corp., et al_ 3246 Colorado; proposed withdrawal Jute bagging and bale ties used in Bond, Roland S., and Payne and reservation of lands_____ 3229 wrapping cotton; specifications. 3231 Petroleum Corp______3249 Idaho; proposed withdrawal and Northern Natural Gas Co_____ 3249 reservation of lands______3229 CONSUMER AND MARKETING Northern States Power Co____ 3249 Montana; order providing for opening of public lands______3230 SERVICE Ohio Fuel Gas Co______3249 Village of Sims, 111., and Trunk- Nevada; notice of public sale___ 3230 Rules and Regulations New Mexico; notice of land clas­ line Gas Co______3250 sification ______3230 Honey dew and honey ball type Oregon; notice of classification._ 3231 melons; U.S. standards for FEDERAL TRADE COMMISSION grades ______3213 Rules and Regulations PANAMA CANAL Proposed Rule Making Prohibited trade practices: Rules and Regulations Dubrowsky & Joseph, Inc., et al. 3225 Tobacco inspection; flue-cured Periods of yellow fever im­ standard grades______3226 National Chinchilla Guild Inc., munity following immunization; et al______3225 charges for quarantine deten­ tion of dogs and cats ____ 3216 fed er a l a v ia t io n a g e n c y FISH AND WILDLIFE SERVICE Rules and Regulations Rules and Regulations RAILROAD RETIREMENT BOARD Airworthiness directives; certain Sport fishing in certain wildlife Rules and Regulations models of gliders______3218 refuges: Arkansas Recovery of erroneous payments; Alterations: ______3216 miscellaneous amendments___ 3224 Designated reporting point____ 3219 Oklahoma ______3218 Federal airways______. . . 3219 Oregon______3218 ■ Emergency flotation equipment; SECURITIES AND EXCHANGE _ extension of compliance date.. 3223 HOUSING AND URBAN COMMISSION Federal airway; extension______3219 DEVELOPMENT DEPARTMENT Notices Restricted area; designation of Period of use______3219 Notices Hearings, etc.: Standard instrument approach Secretary of Health, Education, Basfin Corp______3244 P r o c e d u r e s ; miscellaneous and Welfare; assignment of cer­ Rand Development Corp_____ 3246 amendments ______3220 tain compliance functions_____ 3233 3211 3212 CONTENTS List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 7 CFR P roposed R ules: 20 CFR 25------3226 51______3213 255------3224 P roposed R ules: 37------3226 29------3226 71 (2 documents)______3227, 3228 75 (2 documents)______3228 26 CFR 9 CFR 121------__v____ 3226 1 ------;------3214 1- — ------3270 16 CFR 2------3270 29 CFR 3------3273 13 (2 documents)______3225 2 ------3216

14 CFR 35 CFR 39------3218 71 (3 documents)______3219 61------3216 73------3219 97______3220 50 CFR 121------3223 33 (3 documents)______3216, 3218 3213 Rules and Regulations

Au th o r ity : The provisions of this sub­ Application of Tolerances Title 7— AGRICULTURE part issued under secs. 203, 205, 60 Stat. 1087, as amended, 1090 as amended; 7 U.S.C. 1622, § 51.3745 Application of tolerances. Chapter I— Consumer and Marketing 1624. The contents of individual packages in Service (Standards, Inspections, Grades the lot, based on sample inspection, are Marketing Practices), Department §51.3740 U.S. No. 1. subject to the following limitations: of Agriculture “U.S. No. 1” consists of honey dew or (a) For a tolerance of 10 percent or honey ball type melons which are mature, more, individual packages shall have not PART 51— FRESH FRUITS, VEGE­ firm, well formed, which are free from more than 1 % times the tolerance speci­ TABLES, AND OTHER PRODUCTS decay, and free from damage caused by fied: Provided, That when the package (INSPECTION, CERTIFICATION AND dirt, aphis «tain, rust spots, bruises, contains 15 specimens or less, any indi­ STANDARDS) cracks, broken skin, sunscald, sunburn, vidual package shall have not more than hail, moisture, insects, disease, or other double the tolerance specified, except Subpart— U.S. Standards for Grades means (See § 51.3744)— that at least one defective specimen may of Honey Dew and Honey Ball Type § 51.3741 U.S. Commercial. be permitted in any package: And pro­ Melons 1 vided further, That the averages for the “U.S. Commercial” consists of honey entire lot are within the tolerances speci­ On August 24, 1966, a notice of pro­ dew or honey ball type melons which fied for the grade. posed rule making was published in the meet the requirements of U.S. No. 1 grade (b) For a tolerance of less than 10 per­ Federal R egister (31 F.R. 11184) regard­ except for the increased tolerances for cent, individual packages in any lot shall ing a proposed revision of U.S. Standards defects. (See § 51.3744.) have not more than double the tolerance for Grades of Honey Dew and Honey Ball § 51.3742 U.S. No. 2. specified, except that at least one defec­ Type Melons (7 CFR 51.3740-51.3749). tive specimen may be permitted in any Statement of considerations leading to “U.S. No. 2” consists of honey dew or honey ball type melons which are mature, package: Provided, That the averages for the revision of the grade standards. The the entire lot are within the tolerances existing U.S. Standards for Honey Dew firm, fairly well formed, free from decay specified for the grade. and Honey Ball Type Melons have been and free from serious damage by any in effect since May 20,1937, and have not cause. (See § 51.3744.) D efinitions been codified in accordance with the Ad­ U nclassified § 5 1 .3 7 4 6 M ature. ministrative Procedure Act of 1946. This revision serves to codify the § 51.3743 Unclassified. “Mature” means that the melon has reached the stage of maturity which will standards and to improve them in certain “Unclassified” consists of melons which respects. No changes are made in the insure the proper completion of the nor­ have not been classified in accordance mal ripening process. basic requirements. Certain definitions with any of the foregoing grades. The are made more precise and the statement term "unclassified” is not a grade within § 51.3747 Well formed. of tolerances is rearranged and clarified. the meaning of these standards but Is “Well formed” means that the melon No comments were received following provided as a designation to show that has the normal shape characteristic of publication of the proposed revised no grade has been applied to the lot. standards. the variety. After consideration of all relevant mat­ T olerances § 51.3748 ' Damage. ters presented, including the proposal § 51.3744 Tolerances. “Damage” means any specific defect set forth in the aforesaid notice, the fol­ described in this section; or an equally lowing U.S. Standards for Grades of In order to allow for variations inci­ Honey Dew and Honey Ball Type Melons objectionable variation of any one of dent to proper grading and handling in these defects, any other defect, or any are hereby promulgated pursuant to the each of the foregoing grades, the follow­ Agricultural Marketing Act of 1946 (60 combination of defects, which materially ing tolerances, by count, are provided as detracts from the appearance, or the Stat. 1087, as amended; 7 U.S.C. 1621- specified: edible or marketing quality of the melon. 1627). g ig (a) U.S. No. 1. 10 percent for melons Grades (a) The following specific defects shall Sec. in any lot which fail to meet the require­ be considered as damage: 51.3740 U.S. No. 1. ments of the grade: Provided, That not (1) Sunburn which^causes the rind to 51.3741 U.S. Commercial. more than one-half of this amount, or 5 become brownish in color, hard, tough, 51.3742 U.S. No. 2. percent, shall be allowed for defects or thin; and, causing serious damage, including in this Unclassified (2) Bruising when the size or color of latter amount not more than 1 percent the affected area materially detracts 51.3743 Unclassified. for melons affected by decay. from the appearance. Tolerances (b) U.S. Commercial. 20 percent for (b) The following blemishes shall not 51.3744 Tolerances. melons in any lot which fail to meet the be considered as damage:. (1) Slight bruising caused by light Application of Tolerances requirements of this grade: Provided, That not more than one-fourth of this pressure of the weight of other melons 51.3745 Application of tolerances. or from lidding of the crate; amount, or 5 percent, shall be allowed (2) Yellow spots; Definitions for defects causing serious damage, in­ 51.3746 Mature. (3) Superficial hail spots; 51.3747 Well formed. cluding in this latter amount not more (4) Slight surface scratches caused by 51.3748 Damage. than 1 percent for melons affected by picking or packing; or, 51.3749 Serious damage. decay. (5) Netting, either raised or occurring (c) U.S. No. 2. 10 percent for melons as very shallow cracks in the skin. Packing of the product in conformity with in any lot which fail to meet the require­ § 51.3749 Serious damage. e requirements of these standards shall not ments of this grade including not more ^ C+vfe-£allure comPly with the provisions “Serious damage” means any defect nr e<^eral Food, Drug, and Cosmetic Act than 1 percent for melons affected by or any combination of defects which with applicable State laws and regulations. decay. seriously detracts from the appearance,

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3214 RULES AND REGULATIONS

or the edible or marketing quality of the and the transferee corporation was created was not actively engaged in business at melon. for the purpose of acquiring such property or was not actively engaged in business at the time of such acquisition, and if after The U.S. Standards for Grades of the time of such acquisition, and if after such transfer the transferor or trans­ Honey Dew and Honey Ball Type Melons such transfer the transferor or transferors ferors are in control of the transferee contained in this subpart shall become are in control of such transferee corporation during any part of the taxable year of effective April 1,1967, and will thereupon diming any part of the taxable year of such the transferee, then for such taxable year supersede the U.S. Standards for Honey transferee corporation, then for such taxable of the transferee the Secretary or his Dew and Honey Ball Type Melons which year of such transferee corporation the Sec­ delegate may disallow the surtax exemp­ retary or his delegate may ] (except as may be have been in effect since May 20, 1937. otherwise determined under subsection tion defined in section 11 Cd) or the Dated: February 20, 1967. (d) ) ] [sic] disallow the surtax exemption $100,000 accumulated earnings credit (as defined in section 1 1 (d), or the $100,000 provided in paragraph (2) or (3) of sec­ G. R. Grange, accumulated earnings credit provided in tion 535(c), unless the transferee estab­ Deputy Administrator, paragraph (2) or (3) of section 535(c), un­ lishes by the clear preponderance of the Marketing Services. less such transferee corporation shall es­ evidence that the securing of such ex­ [F.R. Doc. 67-2104; Filed, Feb. 23, 1967; tablish by the clear preponderance of the emption or credit was not a major pur­ 8:49 ajn.] evidence that the securing of such exemp­ pose of the transfer. _ tion or credit was not a major purpose of such transfer. (b) Purpose of section 1551. The pur­ (b) Control. For purposes of subsection pose of section 1551 is to prevent avoid­ (a), the term “control” means— ance or evasion of the surtax imposed Title 26— INTERNAL REVENUE (1) With respect to a transferee corpora­ by section 11(c) or of the accumulated tion described in subsection (a) (1 ) or (2 ), earnings tax imposed by section 531. It Chapter I— Internal Revenue Service, the ownership by the transferor corporation, is not intended, however, that section Department of the Treasury its shareholders, or both, of stock possess­ ing at least 80 percent of the total combined 1551 be interpreted as delimiting or ab­ SUBCHAPTER A— INCOME TAX voting power of all classes of stock entitled rogating any principle of law established [T.D. 6911] to vote or at least 80 percent of the total by judicial decision, or any existing pro­ value of shares of all classes of the stock; visions of the Code, such as sections 269 p a r t 1— INCOME TAX; TAXABLE or and 482, which have the effect of pre­ YEARS BEGINNING AFTER DECEM­ (2) With respect to each corporation de­ venting the avoidance, or evasion of in­ scribed in subsection (a) (3), the ownership come taxes. Such principles of law and BER 31, 1953 by the five or fewer individuals described in such subsection of stock possessing— such provisions of the Code, including Disallowance of Surtax Exemption (A) At least 80 percent of the total com­ section 1551, are not mutually exclusive, and Accumulated Earnings Credit bined voting power of all classes of stock and in appropriate cases they may entitled to vote or at least 80 percent of operate together or they may operate On July 19, 1966, notice of proposed the total value of shares of all classes of separately. rule making with respect to the amend­ the stock of each corporation, and (c) Application of section 269(b) to ment of the Income Tax Regulations (26 (B) More than 50 percent of the total cases covered by section 1551. The pro­ CFR Part 1) under section 1551 of the combined voting power of all classes of stock entitled to vote or more than 50 percent of visions of section 269(b) and the au­ Internal Revenue Code of 1954. to con­ the total value of shares of all classes of thority of ' the district director there­ form the regulations to certain provi­ stock of each corporation, taking into ac­ under, to the extent not inconsistent sions of section 235(b) of the Revenue count the stock ownership of each such in­ with the provisions of section 1551, are Act of 1964 (78 Stat. 125) was published dividual only to the extent such stock owner­ applicable to cases covered by section in the F ederal R egister (31 F.R, 9743). ship is identical with respect to each such 1551. Pursuant to the authority pro­ After consideration of all such relevant corporation. vided in section 269(b) the district di­ matter as was presented by interested For purposes of this subsection, section rector may allow to the transferee any persons regarding the rules proposed, 1563(e) shall apply in determining the own­ part of a surtax exemption or accumu­ the amendments of the regulations as ership of stock. lated earnings credit for a taxable year proposed are hereby adopted. (c) Authority of the Secretary under this for which such exemption or credit section. The provisions of section 269(b), (Sec. 7805, Internal Revenue Code of 1954 and the authority of the Secretary under would otherwise be disallowed under sec­ (68a Stat. 917; 26 U.S.C. 7805)) such section, shall, to the extent not incon­ tion 1551(a) ; or he may apportion such sistent with the provisions of this section, exemption or credit among the corpora­ [seal] Sheldon S. Cohen, be applicable to this section. tions involved. For example, corpora­ Commissioner of Internal Revenue. [Sec. 1551 as amended by sec. 205(a), Small tion A transfers on January 1, 1955, all of its property to corporations B and C Approved: February 17, 1967. Business Tax Revision Act 1958 (72 Stat. 1680); sec. 235(b), Rev. Act 1964 (78 Stat. in exchange for all of the stock of such S tanley S. S urrey, 125)] corporations. Immediately thereafter, Assistant Secretary corporation A is dissolved and its stock­ of the Treasury. P ar. 2. Section 1.1551-1 is amended to holders become the sole stockholders of read as follows: corporations B and C. Assuming that P aragraph 1. Section 1.1551 is § 1.1551—1 Dissallowance of surtax ex­ corporations B and C are unable to estab­ amended to read as follows: emption and accumulated earnings lish by the clear preponderance of the credit. evidence that the securing of the surtax § 1.1551 Statutory provisions; disallow­ exemption defined in section 11(d) or ance of surtax exemption and ac­ (a) In general. If— the accumulated earnings credit provided cumulated earnings credit. (1) Any corporation transfers, on or in section 535, or both, was not a major Sec. 1551. Disallowance of surtax exemp­ after January 1,1951, and before June 13, purpose of the transfer, the district di­ tion and accumulated earnings credit—(a) 1963, all or part of its property (other rector is authorized under sections 1551 In general. If— than money) to a transferee corporation, (c) and 269(b) totillow one such exemp­ (1) Any corporation transfers, on or after (2) Any corporation transfers, directly January 1, 1951, and on or before June 12, tion and credit and to apportion such 1963, all or part of its property (other than or indirectly, after June 12, 1963, all or exemption and credit between corpora­ money) to a transferee corporation, part of its property (other than money) tions B and C. (2) Any corporation transfers, directly or to a transferee corporation, or (d) Actively engaged in business. For indirectly, after June 12, 1963, all or part of (3) Five or fewer individuals are in purposes of this section, a corporation its property (other than money) to a trans­ control of a corporation and one or more maintaining an office for the purpose of feree corporation, or of them transfer, directly or indirectly, preserving its corporate existence is not (3) Five or fewer individuals who are in after June 12,1963, property (other than control of a corporation transfer, directly or considered to be “actively engaged in indirectly, after June. 12, 1963, property money to a transferee corporation, business” even though such corporation (other than money) to a transferee and the transferee was created for the may be deemed to be “doing business” for corporation, purpose of acquiring such property or other purposes. Similarly, for purposes

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3215 of this section, a corporation engaged in (the effective date of section 1551(a) the stock of Y. In a subsequent taxable winding up its affairs, prior to an acqui­ (2) and (3)). year of Ÿ, individual B buys 50 percent of sition to which section 1551 is applicable, (3) Example. This paragraph maythe stock which A owns in Y (or he trans­ fers money to Y in exchange for its stock, is not considered to be "actively engaged be illustrated by the following example: as a result of which he owns 50 percent of in business.” Example. On January 1, 1964, individual Y’s stock). Immediately thereafter the (e) Meaning and application of the A, who owns 50 percent of the voting stock stock ownership of A and B in corporation Y term “control”—(1) In general. For of corporation X, and individual B, who is identical to their stock ownership in cor­ purposes of this section, the term "con­ owns 30 percent of such voting stock, transfer poration X. Accordingly, section 1551(a) (3) trol” means— property (other than money) to corporation is applicable for the taxable year in which B (1) With respect to a transferee cor­ Y (newly created for the purpose of acquir­ acquires stock in corporation Y (see para­ poration described in paragraph (a) (1) ing such property) in exchange for all of graph (g) (3) of this section) and for each or (2) of this section, the ownership by Y’s voting stock. After the transfer, A and taxable year thereafter in which the requisite B own the voting stock of corporations X control continues. Moreover, if B’s acquisi­ the transferor corporation, its share­ and Y in the following proportions: tion of stock in Y is pursuant to a pre­ holders, or both, of stock possessing existing agreement with A, A’s transfer to Y either (a) at least 80 percent of the total and B’s acquisition of Y’s stock are con­ Individual Corporation Corporation Identical combined voting power of all classes of XY ownership sidered a single transaction and section stock entitled to vote, or (b) at least 80 1551(a) (3) also would be applicable for the percent of the total value of shares of all taxable year in which A’s transfer to Y took A...... 60 30 30 place and for each taxable year thereafter in classes of stock. B__ 30 50 30 (ii) With respect to each corporation which the requisite control continues. described in paragraph (a) (3) of this Total___ 80 80 60 (g) Nature of transfer—(1) Corporate section, the ownership by five or fewer transfers before June 13,1963. A trans­ individuals of stock possessing (a) at The transfer of property by A and B to cor­ fer made before June 13, 1963, by any poration Y is a transfer described in para­ corporation of all or part of its assets, least 80 percent of the total combined graph (a)(3) of this section since (i) A and voting power of all classes of stock en­ B own at least 80 percent of the voting whether or not such transfer qualifies as titled to vote or at least 80 percent of the stock of corporations X and Y, and (ii) tak­ a reorganization under section 368, is total value of shares of all classes-of the ing into account each such individual’s stock within the scope of section 1551(a)(1), stock of each corporation, and (b) more ownership only to the extent such ownership except that section 1551(a) (1) does not than 50 percent of the total combined is identical with respect to each such cor­ apply to a transfer of money only. For voting power of all classes of stock en­ poration, A and B own more than 50 percent example, the transfer of cash for the titled to vote or more than 50 percent of the voting stock of corporations X and Y. purpose of expanding the business of of the total value of shares of all classes (f) Taxable year of allowance or dis­the transferor corporation through the of stock of each corporation, taking into allowance—(1) In general. The district formation of a new corporation is not a account the stock ownership of each such director’s authority with respect to cases transfer within the scope of section 1551 individual only to the extent such stock covered by section 1551 is not limited to (a) (1), irrespective of whether the new ownership is identical with respect to the taxable year of the transferee cor­ corporation uses the cash to purchase each such corporation. poration in which the transfer of prop­ from the transferor corporation stock in (2) Special rules. In determining for erty occurs. Such authority extends to trade or similar property. purposes of this section whether stock the taxable year in which the transfer (2) Corporate transfers after June 12, possessing at least 80 percent (or more occurs or any subsequent taxable year 1963. A direct or indirect transfer made than 50 percent in the case of subpara­ of the transferee corporation if, during after June 12, 1963, by any corporation graph (1) (ii) (b) of this paragraph) of any part of such year, the transferor or of all or part of its assets to a trans­ the total combined voting power of all transferors are in control of the trans­ feree corporation, whether or not such classes of stock entitled to vote is owned, feree. transfer qualifies as a reorganization all classes of such stock shall be con­ (2) Examples. This paragraph mayunder section 368, is within the scope of sidered together; it is not necessary that be illustrated by the following examples: section 1551(a) (2) except that section at least 80 percent (or more than 50 Example (f). On January 1, 1955, corpo­ 1551(a) (2) does not apply to a transfer percent) of each class of voting stock ration D transfers property (other than of money only. For example, if a trans­ be owned. Likewise, in determining for money) to corporation E, a corporation not feror corporation transfers property to purposes of this section whether stock actively engaged in business at the time of its shareholders or to a subsidiary, the possessing at least 80 percent (or more the acquisition of such property, in exchange transfer of that property by the share­ than 50 percent) of the total value of for 60 percent of the voting stock of E. Dur­ holders or the subsidiary to a trans­ shares of all classes of stock is owned, ing a later taxable year of E, corporation D feree corporation as part of the same all classes of stock of the corporation acquires an additional 2 0 percent of such voting stock. As a result of such additional transaction is a transfer of property by shall be considered together; it is not acquisition, D owns 80 percent of the voting the transferor corporation to which sec­ necessary that at least 80 percent (or stock of E. Accordingly, section 1551(a)(1) tion 1551(a)(2) applies. A transfer of more than 50 percent) of the value of is applicable for the taxable year in which property pursuant to a purchase by a shares of each class be owned. The fair the later acquisition of stock occurred and transferee corporation from a trans­ market value of a share shall be con­ for each taxable year thereafter in which feror corporation controlling the trans­ sidered as the value to be used for pur­ the requisite control continues. feree is within the scope of section 1551 poses of this computation. With respect Example (2). On June 20, 1963, individ­ ual A, who owns all of the stock of corpo­ (a)(2), whether or not the purchase to transfers described in paragraph (a) ration X, transfers property (other than follows a transfer of cash from the con­ If or (3) of this section, the ownership money) to corporation Y, a corporation not trolling corporation. oi stock shall be determined in accord­ actively engaged in business at the time of (3) Other transfers after June 12, ing® the Provisions of section the acquisition of such property, in exchange 1963. A direct or indirect transfer M(e) and the regulations thereunder, for 60 percent of the voting stock of Y. Dur­ made after June 12,1963, by five or fewer witn respect to transfers described in ing a later taxable year of Y, A acquires an individuals to a transferee corporation, Paragraph (a) (1) of this section, the additional 20 percent of such voting stock. After such acquisition A owns at least 80 whether or not such, transfer qualifies wnership of stock shall be determined percent of the voting stock of corporations under one or more other provisions of

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3216 RULES AND REGULATIONS

dividuals transfer nothing or transfer that the obtaining of such exemption, only money. 435), and Secretary’s Order No. 24-63 or credit, or both, was not a major factor (28 F.R. 9172), I hereby amend portions (4) Examples. This paragraph mayin relationship to the other consideration of 29 CFR 2.4 as set forth below in order be illustrated by the following examples: or considerations which prompted the to provide for copies and inspections of Example (1). Individuals A and B each, transfer. documents filed pursuant to section 211 owns 50 percent of the voting stock of cor­ [F.R. Doc. 67-2089; Filed, Feb. 23, 1967; of the Labor-Management Reporting and poration X. On January 15, 1964, A and B 8:50 a.m.] each acquires property (other than money) Disclosure Act of 1959 (29 U.S.C. 441). from X and, as part of the same transaction, Inasmuch as this amendment relates each transfers such property to his wholly only to agency management, the provi­ owned corporation (newly created for the sions of section 4 of the Administrative purpose of acquiring such property). A and Title 35— PANAMA CANAL Procedure Act (5 U.S.C. 553) which re­ B retain substantial continuing interests in quire notice of proposed rule making, corporation X. The transfers to the two Chapter 1—Canal Zone Regulations opportunity for public participation, and newly created corporations are within the SUBCHAPTER C— SHIPPING AND NAVIGATION delay of effective date do not apply. scope of section 1551(a) (2). I do not believe such procedure would Example (2). Corporation W organizes PART 61— HEALTH, SANITATION, corporation X, a wholly owned subsidiary, serve a useful purpose here. Accord­ for the purpose of acquiring the properties AND QUARANTINE ingly, this amendment shall become of corporation T. Pursuant to a reorganiza­ Periods of Yellow Fever Immunity effective immediately upon publication tion qualifying under section 368(a) (1) (C), in the F ederal R egister. Following Immunization; Charges substantially all of the properties of cor­ Subdivision (ii) of subparagraph (2) poration Y are transferred on June 15, 1963, for Quarantine Detention of Dogs of paragraph (a) of 29 CFR 2.4 is amend­ to corporation X solely in exchange for vot­ and Cats ing stock of corporation W. There is a ed to read as follows: transfer of property from W to X within Effective upon publication in the F ed­ § 2.4 Copies and inspections. the meaning of section 1551(a)(2). eral R egister, Part 61 of Title 35, Code Example (3). Individuals A and B, each of Federal Regulations, is amended as (a) * * * owning 50 percent of the voting stock of ( 2 ) * * * corporation X, organize corporation Y to follows: which each transfers money only in ex­ 1. The fourth unnumbered paragraph (ii) Date and information contained change for 50 percent of the stock of Y. of § 61.123 is revised to read as follows: in any report or other document filed pursuant to sections 201, 202, 203, 211, Subsequently, Y uses such money to acquire § 61.123 Periods of immunity. other property from A and B after June 12, and 301 of the Labor-Management Re­ 1963. Such acquisition is within the scope i* * * * * porting and Disclosure Act of 1959 (73 of section 1551(a)(3). Yellow fever: 10 years beginning 10 Stat. 524^-528, 530, 79 Stat. 888; 29 U.S.C. Example (4). 'Individual A owns 55 per­ days after date of original vaccination 431-433,441,461). cent of the stock of corporation X. Another or from date of a revaccination within 25 percent of corporation X’s stock is owned ***** in the aggregate by individuals B, C, D, and such period of 10 years. (29 U.S.C. 301 et seq.; 29 TJ.S.C. 401 et seq.) E. On June 15, 1963, individual A transfers 2. Section 61.284 is revised to read as Signed at Washington, D.C., this 13th property to corporation Y (newly created follows: for the purpose of acquiring such property) day of February 1967. in exchange for 60 percent of the stock of § 61.284 Same; charges for quarantine J ames J. Reynolds, Y, and B, C, and D acquire all of the re­ detention. maining stock of Y. The transfer is within Administrator, Labor-Manage­ the scope of section 1551(a)(3). The owner of the quarantined dog or ment Services Administration, cat, and such other person as may have U.S. Department of Labor. (h) Purpose of transfer. In deter­brought or have been responsible for [F.R. Doc. 67-2083; Filed, Feb. 23, 1967; mining, for purposes of this section, bringing the animal into the Canal Zone, 8:48 a.m.] whether the securing of the surtax ex­ are jointly and severally liable for pay­ emption or accumulated earnings credit ment of such detention charges as may constituted “a major purpose” of the be prescribed in the Official Tariff of the transfer, all circumstances relevant to Canal Zone Government and Panama Title 50— WILDLIFE AND the transfer shall be considered. “A Canal Company. This section does not major purpose” will not be inferred from apply to cases in which the animal is de­ the mere purchase of inventory by a tained aboard the vessel on which it FISHERIES subsidiary from a centralized warehouse arrived. Chapter I— Bureau of Sport Fisheries maintained by its parent corporation or (2 C.Z.C. sec. 911, 76A Stat. 36; 35 CFR 3.1(a) and Wildlife, Fish and Wildlife by another subsidiary of the parent cor­ (3)) Service, Department of the Interior poration. For disallowance of the sur­ tax exemption and accumulated earnings Dated: February 13,1967. PART 33— SPORT FISHING credit under section 1551, it is not neces­ Stanley R. R esor, Wildlife Refuges in Arkansas and sary that the obtaining of either such Secretary of the Army. credit or exemption, or both, have been Certain Other States [F.R. Doc. 67-2084; Filed, Feb. 23, 1967; the sole or principal purpose of the trans­ 8:48 a.m.] fer of the property. It is sufficient if it The following special regulations are appears, in the light of all the facts and issued and are effective on date of publi­ circumstances, that the obtaining of such cation in the F ederal Register. exemption or credit, or both, was one of Title 29— LABOR § 33.5 Special regulations; sport fish­ the major considerations that prompted ing; for individual wildlife refuge the transfer. Thus, the securing of the Subtitle A— Office of the Secretary areas. surtax exemption or the accumulated of Labor Arkansas earnings credit may constitute “a major purpose” of the transfer, notwithstand­ PART 2— GENERAL REGULATIONS white river national wildlife refuge ing that such transfer was effected for a Sport fishing on the White River Na­ valid business purpose and qualified as a Additional Records Available for tional Wildlife Refuge, DeWitt, Ark., is reorganization within the meaning of Inspection permitted only on the areas designated section 368. The taxpayer’s burden of Pursuant to sections 8 and 10 of the by signs as open to fishing. These open establishing by the clear preponderance Welfare and Pension Plans Disclosure areas comprising 2,592 acres are delin­ of the evidence that the seeming of eated on a map available at the refuge either such exemption or credit or both Act (29 U.S.C. 307 and 308a), section headquarters and from the office of the was not “a major purpose” of the trans­ 205 of the Labor-Management Reporting Regional Director, Bureau of Sport Fish­ fer may be met, for example, by showing and Disclosure Act of 1959 (29 U.S.C. eries and Wildlife, 809 Peachtree-Seventh

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3217

Building, Atlanta, Ga. 30323. Sport fish­ (3) Boats with motors prohibited. (4) Boats may not be dragged across ing shall be in accordance with all appli­ (4) Use of live minnows as bait pro­ levees for access to pool areas. Travel cable State regulations subject to the hibited. over the refuge is restricted to water­ following special conditions: The provisions of this special regula­ ways. Fishermen are not to walk canal - (1) The sport fishing season on the tion supplement the regulations which banks or levees except in Pool lb. Boat refuge extends from March 16, 1967, govern fishing on wildlife refuge areas access into Pool lb is restricted to bridge through Octobeir 31,1967. generally which are set forth in Title 50, sites on Road Canal. (2) Boats without owner’s name plate Code of Federal Regulations, Part 33, (5) Boats with outboard motors no affixed in a conspicuous place may not be and are effective through November 15, larger than 10 hp. permitted in refuge left overnight. 1967. lakes and impoundments. No size re­ (3) Taking, of frogs, water skiing, and Louisiana striction on boats and motors in the firearms prohibited. canals and bayous. The provisions of this special regula­ LACASSINE NATIONAL WILDLIFE REFUGE The provisions of this special regula­ tion supplement the regulations which Sport fishing on the Lacassine Na­ tion supplement the regulations which govern fishing on wildlife refuge areas tional Wildlife Refuge, Lake Arthur, La., govern fishing on wildlife refuge areas generally which are set forth in Title 50, is permitted only on the areas designated generally which are set forth in Title 50, Code of Federal Regulations, Part 33, by signs as open to fishing. These open Code of Federal Regulations, Part 33, and are effective through October 31, areas, comprising 28,000 acres, are de­ and are effective through October 15, 1967. ;;ll lineated on a map available at the refuge 1967. F lorida headquarters and from the office of the Mississippi LAKE WOODRUFF NATIONAL WILDLIFE Regional Director, Bureau of Sport Fish­ YAZOO NATIONAL WILDLIFE REFUGE REFUGE eries and Wildlife, 809 Peachtree- Sport fishing on the Yazoo National Seventh Building, Atlanta, Ga. 30323. Wildlife Refuge, Hollandale, Miss., is Sport fishing on the Lake Woodruff Sport fishing shall be in accordance with permitted only on the areas designated National Wildlife Refuge, De Leon all applicable State regulations subject by signs as open to fishing. These open Springs, Fla., is permitted only on the to the following special conditions: areas, comprising 180 acres, are deline­ areas designated by signs as open to (1) The sport fishing season on the ated on a map available at the refuge fishing. These open areas, comprising refuge extends from March 15, 1967, 650 acres, are delineated on a map that headquarters and from the Regional Di­ through October 15, 1967. rector, Bureau of Sport Fisheries and is available at the refuge headquarters (2) Fishing permitted from 45 minutes Wildlife,. 809 Peachtree-Seventh Build­ and from the office of the Regional Di­ before sunrise to 45 minutes after sunset. rector, Bureau of Sport Fisheries and ing, Atlanta, Ga. 30323. Sport fishing (3) Entry to Lacassine Pool restricted shall be in accordance with all applicable Wildlife, 809 Peachtree-Seventh Build­ to four roller-ways provided. ing, Atlanta, Ga. 30323. Sport fishing State regulations subject to the follow­ (4) Boats may not be left inside the ing special conditions: shall be in accordance with all applicable refuge overnight. State regulations subject to the follow­ (1) The sport fishing season on the ing special conditions: (5) Boats with outboard motors no refuge extends from March 15, 1967, (1) The sport fishing season is open larger than 10 hp. permitted in Lacas­ through July 4, 1967. year-round on refuge waters west of sine Pool. No size restrictions on boats (2) Fishing permitted during daylight Norris Dead River, Lake Woodruff, and and motors in the canals and streams. hours only. Spring Garden Creek. The open season The provisions of this special regu­ (3) Gasoline powered motors pro­ extends from April 29, 1967, to October lation supplement the regulations which hibited. 15, 1967 in refuge waters east of the govern fishing on wildlife refuge areas The provisions of this special regula­ Norris Dead River, Lake Woodruff, and generally which are set forth in Title 50, tion supplement the regulations which Spring Garden Creek. Code of Federal Regulations, Part 33, govern fishing on wildlife refuge areas (2) Fishing on refuge waters is per­ and are effective through October 15, generally which are set forth in Title 50, mitted during daylight hours only. 1967. Code of Federal Regulations, Part 33, and are effective through July 4,1967. (3) Airthrust boats are prohibited. SABINE NATIONAL WILDLIFE REFUGE (4) Firearms of any type are pro­ N orth Carolina hibited. Sport fishing on the Sabine National MACKAY ISLAND NATIONAL WILDLIFE REFUGE The provisions of this special regula­ Wildlife Refuge, Sulphur,_ La., is per­ tion supplement the regulations which mitted only on the areas designated by Sport fishing on the Mackay Island govern fishing on wildlife refuge areas signs as open to fishing. These open National Wildlife Refuge, N.C., is per­ generally which are set forth in Title 50, areas, comprising 40,000 acres, are de­ mitted only on the areas designated by Code of Federal Regulations, Part 33, lineated on a map available at the refuge signs as open to fishing. These open and are effective through December 31, headquarters and from the office of the areas, comprising 720 acres, are delin­ 1967. Regional Director, Bureau of Sport eated on a map available at the refuge Georgia Fisheries and Wildlife, 809 Peachtree- headquarters and from the office of the Seventh Building, Atlanta, Ga. 30323. Regional Director, Bureau of Sport Fish­ PIEDMONT NATIONAL WILDLIFE REFUGE Sport fishing shall be in accordance with eries and-Wildlife, 809 Peachtree-Seventh Sport fishing on the Piedmont Na­ all applicable State regulations subject Building, Atlanta, Ga. 30323. Sport fish­ to the following special conditions: ing shall be in accordance with all appli­ tional Wildlife Refuge, Round Oak, Ga., cable State regulations subject to the is permitted only on the areas designated (1) The sport fishing season on the following special conditions: by signs as open to fishing. These open refuge extends from March 15, 1967, areas, comprising 8 acres, are delineated (1) The sport fishing season on the through October 15, 1967. refuge extends from March 16, 1967, 0n ^ maP available at the refuge head­ (2) Fishermen must not enter refuge through October 14, 1967. Fishing is quarters and from the office of the Re- waters earlier than 45 minutes before jponal Director, Bureau of Sport Fish- permitted in Corey’s Ditch and in the sunrise and shall leave refuge waters by canal adjacent to the Knotts Island eries and Wildlife, 809 Peachtree- 45 minutes after sunset. oeventh Building, Atlanta, Ga. 30323. Causeway on a year-round basis, for bank Port fishing shall be in accordance with (3) Boats may be moored only at des­ fishing only. ignated areas in Pool lb or Pool 3. Boats (2) Fishing permitted during daylight State regulations subject tne following special conditions: left at these mooring sites must bear hours only. owner’s name and address. Boats found The provisions of this special regula­ (1) The sport fishing season on themoored outside designated areas or with­ tion supplement the regulations which _ extends from March 1, 1967, out required identification will be re­ govern fishing on wildlife refuge areas trough November 15,1967. moved to refuge headquarters. All boats generally which are set forth in Title 50, hours mff Permitted during daylight must be removed from the refuge prior Code of Federal Regulations, Part 33, and to the close of the fishing season. are effective through December 31, 1967.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 87—Pt. I- 2 3218 RULES AND REGULATIONS

S outh Carolina headquarters and from the office of the PART 33— SPORT FISHING SANTEE NATIONAL WILDLIFE REFUGE Regional Director, Bureau of Sport Fish­ eries and Wildlife, 809 Peachtree-Seventh McKay Creek National Wildlife Sport fishing on the Santee National Building, Atlanta, Ga. 30323. Sport Refuge, Oreg.; Correction Wildlife Refuge, Summerton, S.C., is per­ fishing shall be in accordance with all mitted only on the areas designated by applicable State regulations subject to In F.R. Doc. 67-1291, appearing on signs as open to fishing. These open the following special conditions: page 2377 of the issue for Friday, Feb­ areas, comprising 3,150 acres, are delin­ (1) The sport fishing season on the ruary 3, 1967, subparagraph (2) under eated on a map available at the refuge refuge extends from March 16, 1967, special conditions should read as follows: headquarters and from the office of the through October 14, 1967. Fishing is (2) Boats may not be used for fishing Regional Director, Bureau of Sport Fish­ permitted in Corey’s Ditch and in the until the opening date of the Oregon eries and Wildlife, 809 Peachtree-Seventh canal adjacent to the Knotts Island general trout season. Building, Atlanta, Ga. 30323. Sport fish­ Causeway on a year-round basis, for P aul T. Quick, ing shall be in accordance with all appli­ bank fishing only. Regional Director, Bureau of cable State regulations subject to the (2) Fishing permitted during daylight Sport Fisheries and Wildlife. following special conditions: hours only. F ebruary 10, 1967. (1) The sport fishing season on the The provisions of this special regula­ refuge extends from March 15, 1967, tion supplement the regulations which [FH. Doc. 67-2073; Filed, Feb. 23, 1967; through October 31,1967, on Jacks Creek, govern fishing on wildlife refuge areas 8:47 a.m.] Dingle Pond, Taw Caw Creek, Potato generally which are set forth in Title 50, Creek, and Pinopolis Pool Impoundments. Code of Federal Regulations, Part 33, and (2) Fishing permitted during daylight are effective through December 31, 1967. hours only. Title 14— AERONAUTICS AND (3) Boats with motors prohibited. W. L. Towns, Boats must be removed from the refuge Acting Regional Director, Bu­ SPACE at the close of each day unless permission reau of Sport Fisheries and is granted by refuge officer-in-charge. Wildlife. Chapter I— Federal Aviation Agency The provisions of this special regula­ [F.R. Doc. 67-2072; Filed, Feb. 23, 1967; SUBCHAPTER C— AIRCRAFT tion supplement the regulations which 8:47 a.m.] [Docket No. 7977; Arndt. 39-351] govern fishing on wildlife refuge areas generally which are set forth in Title 50, PART 33— SPORT FISHING PART 39— AIRWORTHINESS Code of Federal Regulations, Part 33, DIRECTIVES and are effective through October 31, Washita National Wildlife Refuge, 1967. Okla. Scheibe-Flugzeugbau Bergfalke Model 11/55 Gliders, all Serial T ennessee The following special regulation is is­ CROSS CREEKS NATIONAL WILDLIFE REFUGE sued and is effective on date of publica­ Numbers, and Model III Gliders, Serial Nos. 5500 Through 5586 Sport fishing on the Cross Creeks Na­ tion in the F ederal R egister. tional Wildlife Refuge, Dover, Tenn., is § 33.5 Special regulations; sport fish­ There have been reports of cracks on permitted only on areas designated by ing; for individual wildlife refuge the aileron bell crank located in the outer signs as open to fishing. These open areas. wing section on the Bergfalke Model n / areas, comprising 2,500 acres, are delin­ Oklahoma 55 gliders, all serial numbers, and on eated on a map available at the refuge WASHITA NATIONAL WILDLIFE REFUGE Model HI gliders, Serial Nos. 5500 headquarters and from the office of the through 5586, This condition can result Regional Director, Bureau of Sport Fish­ Sport fishing on the Washita National in the breaking of the bell crank during eries and Wildlife, 809 Peachtree-Seventh Wildlife Refuge, Okla., is permitted only flight. Since this condition is likely to Building, Atlanta, Ga. 30323. Sport fish­ on areas designated by signs as open to exist or develop in other gliders of the ing shall be in accordance with all appli­ fishing. These open areas, comprising same type design, an airworthiness direc­ cable State regulations subject to the 3,367 acres, are delineated on maps avail­ tive is being issued to require inspection following special conditions: able at refuge headquarters, Butler, for cracks in the aileron bell cranks on (1) The sport fishing season is open Okla., and from the Regional Director, these gliders in the left and right outer year-round on Barkley Lake. The open Bureau of Sport Fisheries and Wildlife, wing section, and replacement of defec­ season on Elk Creek and South Cross Post Office Box 1306, Albuquerque, tive parts before further flight. Creek Reservoirs extends from May 1, N. Mex. 87103. Sport fishing shall be in Since immediate action is required in through September 15, 1967, and is re­ accordance with all applicable State reg­ the interest of safety, compliance with stricted to daylight hours only. ulations subject to the following special the notice and public procedure provi­ (2) Methods of fishing on Elk Creek conditions: sions of the Administrative Procedure and South Cross Creek Reservoirs are (1) The open season for sport fishing Act is not practicable, and good cause limited to attended rod and reel and/or on the refuge extends from April 1 exists for making this amendment effec­ pole and line. Electric trolling motors through October 15, 1967, inclusive. tive in less than 30 days. are the only outboard motors permitted (2) Seining is prohibited in all refuge In consideration of the foregoing, and on these two reservoirs. waters. under the authority delegated to me by (3) Fishermen must follow designated (3) The use o f boats and motors is the Administrator (25 F.R. 6489), § 39.13 routes of travel while on the refuge. permitted only south of State Highway of Part 39 of the Federal Aviation Regu­ The provisions of this special regula­ 33, Provided, That boats may not exceed lations is amended by adding the follow­ tion supplement the regulations which speeds of 10 miles per hour. ing new airworthiness directive: govern fishing on wildlife refuge areas The provisions of this special regula­ Scheibe-Fltjgzeugbatt. Applies to Model generally which are set forth in Title 50, tion supplement the regulations which Bergfalke 11/55 gliders, all Serial Num­ Code of Federal Regulations, Part 33, and govern fishing on wildlife refuge areas bers, and Model Bergfalke III gliders, are effective through December 31, 1967. generally which are set forth in Title 50, Serial Numbers 5500 through 5586. Code of Federal Regulations, Part 33, and Compliance required as indicated. Virginia are effective through October 15, 1967. To detect cracks on the aileron bell crank, Drawing No. 104B.41-S3, located in the outer MACKAY ISLAND NATIONAL WILDLIFE REFUGE Leslie F. B eaty, wing section, accomplish the following: Sport fishing on the Mackay Island Refuge Manager, Washita Na­ (a) Within the next 10 hours’ time in serv­ National Wildlife Refuge, Va., is per­ tional Wildlife Refuge, Butler, ice after the effective date of this AD, unless Okla. already accomplished within the last 40 mitted only on the areas designated by hours’ time in service and thereafter at in­ signs as open to fishing. These open F ebruary 13, 1967. tervals not to exceed 50 hours’ time in service from the date of the last inspection, visually areas, comprising 720 acres, are de­ [F.R. Doc. 67-2074; Filed, Feb. 23, 1967; inspect the aileron bell cranks, Drawing No. lineated on a map available at the refuge 8:47 a.m.] 104B.41—S3, in the left and right outer wing FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3219

section for cracks using a mirror, and at least [Airspace Docket No. 67-WA-3] posed rule making through the submis­ a two-powered glass. If cracks are detected sion of comments. All comments re­ during any of these inspections, comply with PART 71— DESIGNATION OF FED­ ceived were favorable. paragraph (b) of this AD. ERAL AIRWAYS, CONTROLLED AIR­ In consideration of the foregoing, Part (b) Replace aileron bell cranks, Drawing SPACE, AND REPORTING POINTS No. 104B.41-S3, found cracked during the 71 of the Federal Aviation Regulations inspection provided for in paragraph (a) be­ Alteration of Designated Reporting is amended, effective 0001 e.s.t., April 27, fore further flight with a new reinforced 1967, as hereinafter set forth. aileron bell crank, Drawing No. 104B.41- Point In § 71.123 (32 F.R. 2009) V-332 is *S3-E1. -f The purpose of this amendment to Part amended by deleting “From Bradford, (c) The requirements of this AD are not HI.,” and substituting “From Moline, HI., applicable to those gliders that have been 71 of the Federal Aviation Regulations is equipped with aileron bell cranks, Drawing to redescribe the South Bangor, Maine, 12 AGL Bradford, 111.;” therefor. No. 104B.41—S3—El, in the outer wing section. designated low altitude reporting point. (Sec. 307(a), Federal Aviation Act of 1958; This reporting point is described as the 49 U.S.C. 1348) (Scheibe-Flugzeugbau Technical Informa­ “INT of SE course Bangor, Maine, RR, tion Bulletin 1/66 pertains to this subject.) centerline of Control 1143.” The Bangor Issued in Washington, D.C., on Feb­ This amendment is effective March 1, RR will be converted to a nondirectional ruary 16,1967. H. B. H elstrom, ' 1967. radio beacon on April 27, 1967. Ac­ .Chief, Airspace and Air (Secs. 313(a), 601, 603, Federal Aviation Act cordingly, action is taken herein to re­ Traffic Rules Division. of 1958; 49 U.S.C. 1354(a), 1421, 1423) describe the South Bangor INT by sub­ stituting a bearing of 153° True from [F.R. Doc. 67-2055; Filed, Feb. 23, 1967; Issued in Washington, D.C.r on Feb­ the RBN for the SE course of the Bangor 8:45 a.m.] ruary 16,1967. RR. The geographical location of the Edward C. Hodson, intersection will remain unchanged. [Airspace Docket No. 66-WA-36] Acting Director, Since this action relates to navigable Flight Standards Service. airspace outside of the United States, the PART 73— SPECIAL USE AIRSPACE [F.R. Doc. 67-2052; Filed, Feb. 23, 1967;' Administrator has consulted with the 8:45 a.m.] Secretary of State and the Secretary of Designation of Period of Use for Defense in accordance with the provi­ Restricted Area sions of Executive Order 10854. SUBCHAPTER E— AIRSPACE Since this amendment is editorial in On December 15, 1966, F.R. Doc. No. [Airspace Docket No. 66-CE-8 8 ] nature, the Administrator has deter­ 66-13435 was published in the F ederal mined that notice and public procedure R egister (31 F.R. 15799) designating a PART 71— DESIGNATION OF FED~ hereon are unnecessary. However, since period of use for the Blanding, Utah, Re­ ERAL AIRWAYS, CONTROLLED AIR­ it is necessary that sufficient time be al­ stricted Area R-6410, from March 1, SPACE, AND REPORTING POINTS lowed to permit appropriate changes to 1967, to April 10, 1967. aeronautical charts, this amendment will Subsequent to the publication of the Alteration of Federal Airways become effective more than 30 days after above document the Department of the On December 13,1966, a notice of pro­ publication. Air Force (AF) submitted a request for posed rule making was published in the In consideration of the foregoing, Part the extension of the period of use for R-6410 from April 11, 1967, to Decem­ Federal Register (31 F.R. 15703) stating 71 of the Federal Aviation Regulations that the Federal Aviation Agency was is amended effective 0001 e.s.t., April 27, ber 15, 1967. The AF states that con­ considering an amendment to Part 71 of 1967, as hereinafter set forth. tinuous designation during the requested the Federal Aviation Regulations that In § 71.203 (32 F.R. 2275), South period is necessary because training pro­ would alter segments of VOR Federal Bangor INT is amended to read as fol­ grams are accelerating at a tempo which airways Nos. 4 and 47 in the vicinity of lows: precludes development of long-lead Evansville, Ind., and Louisville, Ky. South Bangor, INT: INT of Bangor, Maine, training schedules and notification of Interested persons were afforded an RBN 153° bearing and centerline of Control activation requirements in sufficient time opportunity to participate in the pro­ 1143. to comply with processing schedules and charting dates. Also, close coordina­ posed rule making through the sub­ (Secs. 307(a), and 1110, Federal Aviation Act mission of comments. All comments of 1958 (49 U.S.C. 1348, 1510); E.O. 10854 tion will be maintained with the Denver received were favorable. (24 F.R. 9565)) ARTCC to assure that the area is with­ In consideration of the foregoing, Part drawn from public use for only the mini­ 71 of the Federal Aviation Regulations Issued in Washington, D.C., on Feb­ mum time necessary to accommodate is amended, effective 0001 e.s.t., April 27, ruary 16,1967. launches of individual Pershing Mis­ 1967, as hereinafter set forth. H. B. Helstrom, siles. Section 71.123 (32 F.R. 2009) is Chief, Airspace and Air The Administrator has determined amended as follows: Traffic Rules Division. that, in the interest of National Defense, 1. In V-4 “12 AGLINT Evansville 080* [F.R. Doc. 67-2054; Filed, Feb. 23, 1967; the designation of the temporary re­ and Louisville, Ky., 269° radials; 12 AGL 8:45 a.m.] stricted area should be continuous, there­ Louisville, including a 12 AGL N alter­ fore, notice and public procedure would nate;” is deleted and “12 AGL Louis­ be impracticable. ville, Ky., including a 12 AGL N alternate [Airspace Docket No. 66-CE-92] In consideration of the foregoing, F.R. via INT Evansville 068° and Louisville PART 71— DESIGNATION OF FED­ Doc. No. 66-13435 (31 F.R. 15799, 32 F.R. 280° radials” is substituted therefor. 2332) is amended, effective immediately, 2. In V-47 “12 AGL INT Evansville ERAL AIRWAYS, CONTROLLED AIR­ as hereinafter set forth. 065° and Nabb, Ind., 252° radials; 12 AGL SPACE, AND REPORTING POINTS In the Time of Designation delete Nabb;” is deleted and “12 AGL Nabb, “through April 10, 1967,” and substitute Ind.;” is substituted therefor. Extension of Federal Airway therefor “through December 15, 1967.” (See. 307 (a), Federal Aviation Act of 1958; On December 15,1966, a notice of pro­ (Secs. 306, 307(a), Federal Aviation Act of 49 U.S.C. 1348) posed rule making was published in the 1958; 49 UJ3.C. 1347,1348) F ederal R egister (31 F.R. 15814) stating Issued in Washington, D.C., on Feb­ that the Federal Aviation Agency was Issued in Washington, D.C., on Febru­ ruary 16,1967. considering an amendment to Part 71 ary 16,1967. H. B. Helstrom, of the Federal Aviation Regulations that H. B. Helstrom, Chief, Airspace and Air would extend VOR Federal airway No. Acting Director, Traffic Rules Division. 332 from Bradford, HI., to Moline, HI. Air Traffic Service, IFR. Doc. 67-2053; Filed, Feb. 23, 1967; Interested persons were afforded an [F.R. Doc. 67-2056; Filed, Feb. 23, 1967; 8:45 am .] opportunity to participate in the pro- 8:45 a.m.]

• FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3220 RULES AND REGULATIONS

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 7955; Arndt. 524] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: ADF Standard I nstrument Approach P rocedure Bearings headings, curses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. ■ U4‘™ If an instrument approach procedure of the above type is conducted at the below named airport, it shall be In accordance with the following instrument appfoach procedure imless an approach is conducted in accordance with a different procedure for such airport authorized hy the Administrator of the Federal Aviation Agency Initial aDDroach« shah be made over specified routes. Minimum altitudes shah correspond with those established for en route operation in the particular area or as set forth below

Transition Ceiling and visibility minimum.«»

2-engine or less Minimum More than From— Course and 2-engine, To— distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

PROCEDURE CANCELED, EFFECTIVE 18 MAR. 1967. City, Augusta; State, Maine; Airport name, Augusta State; Elev., 357'; Fac. Class., BH; Ident., AUG; Procedure No. 1, Arndt. 1; Eff. date, 14 Jan 67- Sup Arndt No Orie * Dated, 26 Sept. 64 ' >y

Clarion VOR______Franklin RBn______3200 Twin 300-1 300-1 2 0 0 4* Seneca Int...... Franklin RBn______3200 r,-r1n 500-1 500-1 500-1)* Wesley Int...... Franklin RBn______3200 500-1 500-1 500-1)* A-dn 800-2 800-2 800-2

Procedure turn N side of crs, 108° Outbnd, 288° Inbnd, 3200' within 10 miles. Minimum altitude over facility on final approach crs, 2300'. Crs and distance, facility to airport, 288°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing Franklin RBn climb straight ahead to 3200' and return to Franklin RBn. Hold E 1-minute right turns, 288° Inbnd. ’ b MSA within 26 miles of facility: 000°-360°—3100'. City, Franklin; State, Pa.; Airport name, Chess-Lamberton; Elev., 1540'; Fac. Class., MHW; Ident., FKL; Procedure No. NDB (ADF) Runway 29 Arndt 3; Eff. date, 18 Mar. 67; Sup. Amdt. No. ADF 1, Arndt. 2; Dated, 10 Dec. 66

Buffalo VOR...... __...... IA LOM...... 2000 T-Hn 300-1 300-1 *200-)* Grand Island Int... ______IA LOM...... 2000 500-1 500-1 600-1)* Wolcottsville Int______IA LOM (final)...... 1800 400-1 400-1 400-1 A -dn...... 800-2 800-2 800-2

Radar available. Procedure turn N side of crs, 098° Outbnd, 278° Inbnd, 1800' within 10 miles of LOM. Minimum altitude over facility on final approach crs, 1800'. Crs and distance, facility to airport, 278°—4.2 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing IA LOM, climb straight ahead on crs, 278 to 2000' withm 10 miles, then make right turn and return to the LOM. Hold E, 1-minute right turns, Inbnd crs 278° *300-1 required on Runways 10R and 28L. MSA within 25 miles of facility: 060°-150°—2600'; 150°-240°—3700'; 240°-330°—2200'; 330°-060°—1700'. City, Niagara Falls; State, N.Y.; Airport name, Niagara Falls Municipal; Elev., 590'; Fac. Class., LOM; Ident., LA.; Procedure No. NDB (ADF) Runway 28R, Amdt. 9; Eft. date, 18 Mar. 67; Sup. Amdt. No. ADF, Amdt. 8; Dated, 12 Mar. 66

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3221 2. By amending the following very high frequency omnirange (VOR) procedures prescribed in § 97.11(c) to read: VOR Standard I n stru m en t Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engin or less Minimum More than From— To- Course and altitude Condition 2nBngine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

T-dn...... !.. 300-1 300-1 20044 C-dn*...... 500-1 500-1 500-1)4 S-dn-17...... 500-1 500-1 500-1 A-dn______NA NA NA Following minim urns author]zed when control zone in effect :$ C-dn*...... 500-1 500-1 500-1)4 S-dn-17...... - 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Procedure turn W side of crs, 354° Outbnd, 174° Ihbnd, 5000' within 10 miles. Minimum altitude over facility on final approach crs, 4300'. Crs and distance, facility to airport,174°—6 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles after passing Borger VOR, climb to 5000' on E 174° within 20 miles; or when directed by ATC, make right-climbing turn, proceed direct to Borger VOR at 5000' and hold N on R 354°. Note: Use Amarillo altimeter setting when control zone not effective. •Circling not authorized E of Runways 17/35 below 600'. $These minimums apply at all times for air carriers with approved weather reporting service. MSA within 25 miles of facility: 000°-360°—5000'. City, Borger; State, Tex.; Airport name, Hutchinson County; Elev., 3053'; Fac. Glass., L-BVOR; Ident.,BGD; Procedure No. VOR Runway 17, Amdt. 1; Efl. date, 18 Mar 67: Sup. Amdt. No. VOR 1, Orig.; Dated, 23 May 64

Windsor VOR. Island Int (final).- _ _ _ . __ Direct, ___ 2000 500-1 500-1 500-1 C-dn______600-1 600-1 600-1)4 A-dn______800-2 , 800-2 800-2

Radar available. Procedure turn not authorized. Minimum altitude over Island Int on final approach, 2000'. Crs and distance, Island Int to airport, 323°—4.2 miles. . K™>ual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing Island Int, climb to 2800' on V0? R 323 and proceed to OAK Int, or when directed by ATC, (1) make right-climbing turn to 2000Aand proceed to Windsor VOR, or (2) make right-climbine turn to 2000 and proceed direct to QG RBn. 6 Note: VOR and ADF or Radar required, @300-1 authorized Runway 33L. MSA within 25 miles of facility: 000°-090°—1900'; 090°-180°—1800'; 180°-270°—2400'; 270°-360°—2800'. City, Detroit; State,Mich.; Airport name, Detroit City; Elev., 626'; Fac. Class., BVOR; Ident., QG; Procedure No. VOR-1, Amdt. 5; Efl. date, 18Mar. 67• Sud Amdt No VOR 1, Amdt. 4; Dated, 24 Dec. 66

T-d______500-2 500-2 500-2 C-d______800-2 800-2 800-2 A-d...... 1000-3 1000-3 1000-3 Procedure turn W side crs, 320° Outbnd, 140° Inbnd, 3600' within 10 miles. Minimum altitude over facility on final approach crs, 3300'. Crs and distance, facility to airport, 140°—5.7 miles. R 1 thi nl 5 miles0t estabUslied upon descent to authorized landing minimums or if landing not accomplished within 5.7 miles after passing JCT VOR, climb to 3700' on Note: Part-time control zone. Weather service available full-time. MSA within 25 miles of facility: 000°-090°—3400'; 090°-180°—3600'; 180°-360°—3700'. City, Junction; State, Tex.; Airport name, Kimble County; Elev., 1729': Fac. Class., H-BVORTAC; Ident., JCT; Procedure No. VOR-1, Amdt. 6; Efl. date 18Mar 67- Sud Amdt. No. VOR 1, Amdt. 5; Dated, 17 Apr. 65 ’ ' ’

T-dn*...... 300-1 300-1 200-J4 C-dn______1000-2 1000-2 1000-2 S-dn-36%...... 1000-2 1000-2 1000-2 A-dn#...... 1000-2 1000-2 1000-2 If Bomar Fan Marker is identified, minimums become: C-dn...... 600-1 600-1 600-1)4 S-dn-36...... 400-1 400-1 400-1 Procedure turn W side of crs, 193° Outbnd, 013° Inbnd, 2400' within 10 miles. Minimum altitude over facility on final approach crs, 1800' (1200' if Bomar FM is identified), facility on airport. Crs and distance, Bomar FM to Runway 36, 013°—4.3 miles. climb to T i'^ etu m to s t i v o t “ * accomplished within 49 m51es of Bomar FM- °r over s YI VO R, turn left, •Cattt Bse Nashville altimeter setting when local setting not available. ’ % Redu^ion ] ^ taiU W ite^ aiD NE and SE of airport> departing aircraft with limited climb capability should climb to 3000' on a westerly heading before continuing on crs. a v ailab leK e^ m ^ u M c 1^ ior ^ carriers only’provided such air carriers have approval of their arrangement for weather service at this airport. Weather service not MSA within 25 miles of facility: 000°-360°—2500'. >ty, Shelbyville; State, Tenn.; Airport name, Bomar Field; Elev., 802'; Fac. Class., T-BVOR; Ideht., SYI; Procedure No. VOR Runway 36, Amdt. 3- Efl date 18 Mar 67- Sup. Amdt. No. TerVOR-36, Amdt. 2; Dated, 17 Dec. 66 ’ ’

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3222 RULES AND REGULATIONS

3. By amending the following very high frequency omnirange—distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: VOR/DME Standard instrum ent Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition , Ceiling and visibility minimum»

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

4200 T-dn*______300-1 300-1 I I 200-54 7-mile Fix fR 019°V 2700 C -dn______600-1 600-1 6OO-154 1400 S-dn-19#_____ 600-1 500-1 600-1 " A-dn______800-2 800-2 I 800-2

Procedure turn not authorized. Minimum altitude on approach radial: Over 10-mile DME Fix, R 010®. 4200'; over 7-mile DME Fix, R 019®, 2700'; over 4-mile DME Fix (final) 1400'. If visual contact not established upon descent to authorized landing minimums or If landing not accomplished when over QFL VO R, climb straight ahead to 3000' to Miller Int. Hold S of Miller Int 1 minute right turns, 006® Inbnd. Caution: (1) 635' antenna, 1.3 miles SSW of airport. (2) Turbulence may be encountered during this approach. ¿Reduction not authorized. *300-1 required on Runway 30. MSA within 26 miles of facility: 000®-090°—4000'; 090®-180°—5000'; 180®-270°—3600'; 270®-360°—4500'. City, Glens Falls; State, N.Y.; Airport name, Warren County; Elev., 328'; Fac. Class., L-BVORTAC; Ident., GFL; Procedure No, VOR/DME Runway 19, Arndt. 3; Efl. date, 18 Mar. 67; Sup. Arndt. No. VOR/DME l, Arndt. 2; Dated, 14 Jan. 67 4. By amending the following instrument landing system procedures prescribed in § 97.17 to read: ILS Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition • Ceiling and visibility minimums

2-engine or less More than Minimum : 2-engine, From— To— Course and altitude Condition distance (feet) 65 knots More than more than or less 66 knots 65 knots

PROCEDURE CANCELED, EFFECTIVE 18 MAR. 1967. City, Akron; State, Ohio; Airport name, Akron-Canton; Elev., 1228'; Fac. Class., ILS; Ident., I-CAK; Procedure No. ILS-19 (back crs), Arndt. 8; Eff. date, 5 Feb. 66; Sup. Arndt. No. 7; Dated, 20 Apr. 63

FAY VOR ...... GR LOM...... Direct...... 1700 T-dn...... 300-1 300-1 200-54 C-dn______400-1 600-1 500-154 S-dn-3*...... 200-54 200-54 200-54 A-dn...... 600-2 600-2 600-2

Radar available. Procedure turn S side of crs, 215° OUtbnd, 035° Inbnd, 1700' within 15 miles. Minimum altitude at glide dope Int Inbnd, 1700'. Altitude of glide dope and distance to approach end of runway at OM, 1678'—5.1 miles; at MM, 395'— 0.6 mile. If visual contact not establidied upon descent to authorized landing minimums or if landing not accomplished within 5.1 miles after passing LOM, make right turn, inter­ cepting 081° crs from LOM, climbing to 1700' within 15 miles, or when directed by ATC, turn right, climb to 1700' on R 091° of FAY VOR within 15 miles. Note: Back crs unusable. *400-% required when glide slope not utilized. 400-54 authorized with operative ALS except for 4-engine turbojets. City, Fayetteville; State, N.C.; Airport name, Grannis Field; Elev., 189'; Fac. Class., ILS; Ident., I-GRA; Procedure No. ILS Runway 3, Arndt. 2; Eff. date, 18 Mar. 67; Sup. Arndt. No. ILS 3, Arndt. 1; Dated, 19 Nov. 66

ICT V O R„ — ______- ___ — - Kechi Int______—^______— Direct via V-77 3000 T-dn* . . 300-1 300-1 1 200-54 Whitewater Int_____-----_____ ——------Kechi Int (final)___ . . . ______... 3000 C-dn 400-1 500-1 600-154 ILS. 400-1 400-1 400-1 DeGrafif Int—------——- Kechi Int (final)___ —______. . . ___ 3000 A-dn _ 800-2 800-2 800-2 ICT ILS. 10-mile DME Fix, ICT VOR R 241°clock- 10-mile DME Fix, ICT VOR R 028°.. Via 10-mile DME 3400 Arc. Rhmile DME Fix, ICT VOR R 028°— Kechi Int (final)..——.——__ ___ïc! 3000 IC LOM..—...... — ...... Kechi Int ______... 3000 ;;_— Radar available. Procedure turn E dde of crs, 011° Outbnd, 191° Inbnd, 3000' within 10 miles of Kechi Int. Minimum altitude over Kechi Int on final approach crs, 3000'; over Goddard Int, 2100'. Crs and distance, Kechi Int to airport, 191°—6 miles; Goddard Int to airport, 191°—2.7 miles. .«mb. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles after passing Kechi Int make right turn, cum«- ing to 3400' on ICT VOR R 216° within 20 miles of ICT VOR, or when directed by ATC, climb to 3000' on S crs of ICT ILS and proceed to Mayfield Int. N otes: (1) Dual VOR receivers or radar required. (2) No glide slope. #RVR 2400' authorized Runway 01. @400-% authorized with operative high-intensity runway lights, except for 4-engine turbojets. City, Wichita; State, Kans.; Airport name, Wichita Municipal; Elev., 1332'; Fac. Class., ILS; Ident., I-ICT; Procedure No. LOC(BC) Runway 19, Arndt. 8; Efl. date, 18 Man 67; Sup. Arndt. No. ILS-19(BC), Arndt. 7; Dated, 11 Feb. 67

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3223

5. By amending the following radar procedures prescribed in § 97.19 to read: R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approachjexcept when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upion descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To-- Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots 1 1 Within: Surveillance approach 270°______•______1900 T-dn* 300-1 300-1 NA 2 7 0 ° . 360°______0-10 miles_____ 1900 C-dn**_ 500-1 500-1 NA 2 7 0 ° - ______;______360°______10-25 miles____ 2900 fi-dn-22»» 500-1 500-1 NA A-dn#...... NA NA NA

Azimuths and distances are from antenna located on Shaw AFB. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runway 22: Climb to 2200' proceeding to Charles Int. via CAE VOR R 081°. Note: Night operations not authorized on Runways 13-31. •Aircraft will not take off under IFR conditions without prior ATC approval. **IFR flight plan must be closed with Shaw AFB approach control on appropriate frequency upon reaching contact or immediately after landing. #Area weather available from CAE or Shaw APC. Use Shaw AFB altimeter setting. City, Sumter; State, S.C.; Airport name, Municipal; Elev., 182'; Fac. Class, and Ident., Shaw AFB Radar; Procedure No. 1, Arndt. Orig.; Eff. date, 18 Mar. 67

Within: T-dn%...... 300-1 300-1 200-H 034°. 102° . 30 miles. 11,000 C-dn_...... 600-1 600-1 600-1)4 102°. 147°. 30 miles. 9,500 S-dn-30R/12L* _ 500-1 500-1 500-1 147°. 198°. 30 miles. 11,500 A-dn...... 800-2 800-2 800-2 198°. 247°. 30 miles. 8.500 247°. 315°. 30 miles. 6.500 315°. 034°. 30 miles. 12,000

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished Runway 12L, turn right, climb via TUS VO R R 260°/TUS NDB(H) 080° bearing to cross 17-mile DME Fix/TUS NDB/Z at 5000' minimum, or when directed by ATC, turn left, climb via TUS VOR R 303° to cross 20-mile DME Fix/ Cortaro Int 6000' minimum, then direct TUS NDB/Z, or via 20-mile DME Arc to TUS VOR R 260°. Runway 30R—turn left, climb via TUS VOR R 260°/TUS NDB(H) 080 bearing to cross 17-mile DME Fix/TUS NDB/Z at 5000'minimum, or when directed by ATC, turn right, climb via TUS VOR R 303° to cross 20-mile DME Pix/Cortaro Int 6000' minimum, then direct TUS NDB/Z, or via 20-mile DME Arc to TUS VOR R 260°. •Runway 30R—Maintain 3500' or above until within 3 miles of runway. •Runway 12L—Maintain 3800' or above until within 3 miles of runway. %A11 directions (except V-16 and V-105 westbound) IFR departures must comply with published Tucson SID’s. City, Tucson; State, Ariz.; Airport name, Tucson International; Elev., 2630'; Fac. Class, and Ident., Davis-Monthan Radar; Procedure No. 1, Amdt. 4; Eff. date, 18 Mar. 67; Sup. Amdt. No. 3; Dated, 28 Jan. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752,775) Issued in Washington, D.C., on February 9,1967. J ames F. R udolph, Acting Director, Flight Standards Service. [F.R. Doc. 67-1698; Filed, Feb. 23,1967; 8:45 a.m.]

SUBCHAPTER G— AIR CARRIER AND COMMER­ either a life preserver or some other ap­ In view of the imminence of the pres­ CIAL OPERATOR CERTIFICATION AND OPERA­ proved flotation means for each occu­ ent compliance date and since this TIONS pant. That amendment was based on amendment imposes no additional bur­ [Docket No. 6713; Amdt. 121-25] a notice of proposed rule making issued den on any person, I find that notice and as Notice No. 65-12 and published in the public procedure thereon are impractical PART 121— CERTIFICATION AND OP­ Federal R egister on June 19, 1965 (30 and that good cause exists for making ERATIONS: DOMESTIC, FLAG, AND F.R. 7963). The Agency believed that this amendment effective in less than 30 SUPPLEMENTAL AIR CARRIERS AJID Amendment 121-17 provided adequate days. COMMERCIAL OPERATORS OF time for compliance. However, within LARGE AIRCRAFT the past several weeks the Agency re­ In consideration of the foregoing, ef­ ceived petitions from 17 Part 121 opera­ fective February 28, 1967, paragraph (a) Extension of Compliance Date; Emer­ tors requesting extension of the March of § 121.340 of the Federal Aviation gency Flotation Equipment 2, 1967, compliance date and the Agency Regulations is amended by striking out is informed that it is likely that at least The purpose of this amendment to 13 additional similar petitions will be the date “March 1” and by inserting in Part 121 of the Federal Aviation Regu­ received before that date. Some of these place thereof, the date “September 1”. lations is to extend the time for com­ petitions indicate that due to delivery (Secs. 313(a), 601, and 604 of the Federal pliance with § 121.340, for 6 months. delays and seat modification problems, Aviation Act of 1958, 49 U.S.C. 1354, 1421, and 1424) On January 21, 1966, the Agency compliance with the March 2, 1967, date adopted Amendment 121-17 to Part 121 is impractical. The Agency has deter­ Issued in Washington, D.C., on Feb­ mined that a 6 month postponement of of the Federal Aviation Regulations (31 ruary 21,1967. the compliance date would provide ade­ D. D. T homas, PR. 1146) to require that each large quate time for compliance with § 121.340 Acting Administrator. airplane used in certain overwater oper­ and that such a postponement would be [FJt. Doc. 67-2155; Filed, Feb. 23, 1967; ations under Part 121 be equipped with in the public interest. 9:31 ajn.]

* FEDERAL REGISTER, VOL. 32, NO. 3*— FRIDAY, FEBRUARY 24, 1967 3224 RULES AND REGULATIONS

have the foregoing authority with respect sation and recertifying such annuity or to claims referred to the General Account­ pension on the basis of the reduced actu­ Title 20— EMPLOYEES’ ing Office by another' agency for further col­ lection action. The head of an agency or arial value. The adjustment described BENEFITS his designee shall not exercise the foregoing In this section may not be made unless authority with respect to a claim as to which all of the following conditions are shown Chapter II— Railroad Retirement there is an indication of fraud, the presenta­ to exist: Board tion of a false claim, or misrepresentation on (a) That the person or persons whose the part of the debtor or any other party annuities or pensions are being adjusted PART 255— RECOVERY OF having an interest in the claim, or a claim are alive on the date that the annuity or ERRONEOUS PAYMENTS based in whole or in part on conduct in vio­ pension is recertified and on the due date lation of the antitrust laws; nor shall the of the first annuity or pension payment Miscellaneous Amendments head of an agency, other than the Comp­ troller General of the United States, have affected by the adjustment; Pursuant to the general authority con­ authority to compromise a claim that arises (b) That, on the dates mentioned in tained in section 10 of the act of June 24, from an exception made by the General Ac­ paragraph (a) of this section, there are 1937 (50 Stat. 314, as amended; 45 U.S.C. counting Office in the account of an account­ annuities accruing or pensions becoming 228j), §§ 255.1(a), 255.3, 255.5, 255.6, and able officer. due to one of such persons; 255.8 of Part 255 (20 CFR 255.1(a), 255.3, (c) A compromise effected pursuant to au­ (c) That the Board has waived in ac­ thority conferred by subsection (b) of this cordance with § 255.11, any right to re­ 255.5,255.6, and 255.8) of the regulations section shall be final and conclusive on the under such act are amended and §§ 255.1 debtor and on all officials, agencies, and cover by the methods described in (e), 255.13, 255.14, and 255.15 are added courts of the United States, except if pro­ §§ 255.5 and 255.6, but has not waived by Board Order 67-21, dated February 8, cured by fraud, misrepresentation, the pres­ recovery in accordance with § 255.10. 1967, to read as follows: entation of a false claim, or mutual mis­ § 255.13 Compromise of erroneous pay­ take of fact. No accountable officer shall be m ents. § 255.1 Statutory provisions. liable for any amount paid or for the value of property lost, damaged, or destroyed, where The Board or its designee may com­ (a) If the Board finds that at any timethe recovery of such amount or value may promise an erroneous payment, provided more than the correct amount of annui­ not be had because of a compromise with such payment does not exceed $20,000. ties, pensions, or death benefits has been a person primarily responsible under subsec­ Compromise of an erroneous payment paid to any individual under this Act or tion (b ). the Railroad Retirement Act of 1935 or may not be considered in any case in a payment has been made to an individ­ § 255.3 When erroneous payments to he which there is an indication of fraud, the ual not entitled thereto (including pay­ recovered. presentation of a false claim or misrep­ ments made prior to July 1, 1940), Erroneous payments shall be recovered resentation on the part of the overpaid recovery by adjustments in subsequent in all cases except those in which re­ individual or his representative. Com­ payments to which such individual or, on covery is waived under § 255.10 or a com­ promise is at all times within the discre­ the basis of the same compensation, any promise is approved under § 255.13. tionary authority of the Board or its other individual, is entitled under this designee. Act or any other Act administered by the § 255.5 Recovery by cash payment. § 255.14 Factors due to be considered in Board may, except as otherwise provided The Board shall have the right to a com prom ise. in this section, be made under regulations require that erroneous payments be im­ The following indicate the character prescribed by the Board. If the individ­ mediately and fully repaid in cash and of reasons which will be considered in ual to whom more than the correct any individual shall have the absolute approving a compromise: amount has been paid dies before re­ right to repay such erroneous payments (a) The debtor’s ability to repay the covery is completed, recovery may be in this manner. However, if the individ­ full amount within a reasonable time; made by setoff or adjustments, under ual is financially unable to pay the in­ (b) The debtor’s refusal to pay the regulations prescribed by the Board, in debtedness in a lump sum, payment may claim in full and the Board’s Inability to subsequent payments due, under this Act be accepted in regular installments. The effect collection in full within a reason­ or any other Act administered by the amount and frequency of such install­ able time by other collection methods; Board, to the estate, designee, next of ment payments should bear a reasonable (c) Doubt concerning the Board’s kin, legal representative, or surviving relation to the size of the debt and the ability to prove its caSe in court for the spouse of suoh individual, with respect to debtor’s ability to pay. Whenever pos­ full amount because of a bona fide dis­ the employment of such individual. sible installment payments should be suf­ pute as to the facts or because of the legal * * * * -* ficient in amounts and frequency to issues involved; (e) Section 3, Public Law 89-508, 80 liquidate the debt in not more than 3 (d) The cost of collecting the errone­ Stat. 308, provides: years. ous payment does not justify the en­ forced collection of the full amount. (a) The head of an agency or his designee, § 255.6 Recovery by setoff. pursuant to regulations prescribed by him An erroneous payment made to ah in­ § 255.15 Suspension or termination of and in conformity with such standards as collection action. may be promulgated Jointly by the Attorney dividual may be recovered from any sub­ General and the Comptroller General, shall sequent payment determined payable, on Collection action on a Board claim may attempt collection of all claims of the United the basis of the same compensation, un­ be suspended or terminated under the States for money or property arising out of der any Act administered by the Board. following conditions: the activities of, or referred to, his agency. In any case in which full recovery is not (a) Collection action on a Board claim (b) With respect to such claims of the effected by setoff, the balance due may may be suspended temporarily when the United States that have not been referred to be recovered by one or more of the other debtor cannot be located and there is another agency, including the General Ac­ methods described in this part. If the reason to believe future collection action counting Office, for further collection action overpaid individual dies before recovery and that do not exceed $2 0 ,0 0 0 , exclusive of may be productive or collection may be interest, the head of an agency or his des­ is completed, such recovery shall be made effected by offset in the near future. ignee, pursuant to regulations prescribed from his estate or heirs. (b) Collection action may be termi­ by him and in conformity with such stand­ § 255.8 Recovery by adjustment in con­ nated when: ards as may be promulgated jointly by the nection with subsequent payments. (1) The debtor is unable to make any Attorney Gênerai and the Comptroller Gen­ substantial payment; eral, may (1 ) compromise any such claim, Adjustment with respect to erroneous (2) The debtor cannot be located and or (2 ) cause collection action on any such payments received by any individual may offset is too remote to justify retention claim to be terminated or suspended where it appears that no person liable on the claim be made by subtracting the' total amount of the claim; has the present or prospective financial abil­ of the erroneous payments from the ac­ (3) The cost of collection action will ity to pay any significant sum thereon or tuarial value, as determined by - the exceed the amount recoverable; that the cost of collecting the claim is likely Board, of any annuity or pension pay­ (4) The claim is legally without merit to exceed the amount of recovery. The ments due and becoming due to any indi­ or cannot be substantiated by the evi­ Comptroller General or his designee shall vidual on the basis of the same compen­ dence.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3225

Dated: February 16,1967. or other means of identification showing 2. Breeding chinchillas for profit can in a clear and conspicuous manner each be achieved without previous knowledge By authority of the Board. element of information required to be or experience in the feeding, care, and Lawrence G arland, disclosed by section 4(a) (2) of the Wool breeding of such animals. Secretary of the Board. Products Labeling Act of 1939. 3. Chinchillas are not subject to [F.R. Doc. 67-2085; Filed, Feb. 23, 1967; It is further ordered, That the re­ diseases. 8:48 a.m.] spondents herein'shall, within sixty (60) 4. Chinchilla breeding stock sold by days after service upon them of this respondents is select or choice quality. order, file with the Commission a report 5. The initial chinchilla breeding in writing setting forth in detail the stock of three females and one male pur­ Title 16— COMMERCIAL manner and form in which they have chased from respondents will produce complied with this order. live offspring of 12 the first year, 36 the PRACTICES Issued: February 7,1967. second year, 108 the third year, or 324 Chapter I— Federal Trade By the Commission. the fourth year; or that they will pro­ Commission duce live offspring in any number in ex­ - [seal] J oseph W. Shea, cess of the number of live offspring gen­ [Docket No. C-1166] Secretary. erally produced by chinchilla breeding PART 13— PROHIBITED TRADE [F.R. Doc. 67-2070; FUed, Feb. 23, 1967; stock purchased from respondents, and their offspring. PRACTICES 8:46 a.m.] 6. All of the offspring of chinchilla Dubrowsky & Joseph, Inc., et al. breeding stock purchased from respond­ [Docket No. 0-1165] Subpart—Misbranding or mislabeling: ents will produce good quality pelts § 13.1185 Composition: 13.1185-90 Wool p a r t 13— p r o h ib it e d t r a d e selling for the average price of $30 per Products Labeling Act; § 13.1212 Formal PRACTICES pelt; or representing that a purchaser regulatory and statutory requirements: of respondents’ breeding stock will re­ 13.1212-90 Wool Products Labeling Act. National Chinchilla Guild, Inc., and ceive for chinchilla pelts any amount in Robert E. Bouckhout excess of the amount usually received Subpart—Neglecting, unfairly or decep­ for pelts produced by chinchillas pur­ tively, to make material disclosure: § 13.- Subpart—Advertising falsely or mis­ chased from respondents, or their off­ 1845 Composition: 13.1845-80 Wool leading: § 13.15 Business status, advan­ Products Labeling Act; § 13.1852 Formal spring. tages, or connections: 13.15-125 Indi­ 7. A purchaser starting with three fe­ regulatory and statutory requirements: vidual or private business being: 13.15- 13.1852-80 Wool Products Labeling Act. males and one male of respondents’ 125(p) Guild; § 13.60 Earnings and prof­ breeding stock will have from the sale of (Sec. 6 , 38 Stat. 721; 15 TJ.S.C. 46. Interpret its; § 13.70 Fictitious or misleading or apply sec. 5, 38 Stat. 719, as amended, guarantees; § 13.175 Quality of product pelts a gross income of $9,720 in the secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, or service. Subpart—Misrepresenting fourth year after purchase, or that the 68) [Cease and desist order, Dubrowsky & earnings or profits from the sale of pelts oneself and goods—Business status, ad­ is any amount in excess of the amount Joseph, Inc., et al., New York City, N.Y., vantages or connections: § 13.1460 Indi­ Docket C-1166, Feb. 7, 1967] vidual or private business as professional generally earned by purchasers of re­ In the Matter of Dubrowsky & Joseph, person, association or guild; Misrepre­ spondents’ chinchilla breeding stock. Inc., a Corporation, and Morris Du­ senting oneself and goods—Goods: § 13.- 8. Each female chinchilla purchased browsky, Morris Joseph; Irving Du­ 1615 Earnings and profits; § 13.1715 from respondents and each female off­ browsky and Rubin Joseph, Indi­ Quality. spring will produce at least four live young per year; or that the number of vidually and as Officers of Said (Sec. 6 , 38 Stat. 721; 15 U.S.C. 46. Interpret Corporation. live offspring per female is any number or apply sec. 5, 38 Stat. 719, as amended, in excess of the number generally pro­ Consent order requiring a New York 15 U.S.C. 45) [Cease and desist order, Na­ tional Chinchilla Guild Inc., et al., Prairie duced by females purchased from re­ City manufacturer of ladies’ coats to Village, Kans., Docket C-1165, Feb. 6 , 1967] spondents or their offspring. cease misbranding the fiber content of In the Matter of National Chinchilla 9. Respondents will buy back chin­ interlinings of its wool coats, and failing chillas from purchasers who are dissatis­ to comply with other statutory require­ Guild Inc., a Corporation, and Robert ments. E. Bouckhout, Individually and as an fied with their purchases. The order to cease and desist, includ­ Officer of Said Corporation 10. Respondents provide a local prim­ ing, pelting or marketing facility. ing further order requiring report of Consent order requiring a Prairie Vil­ compliance therewith, is as follows: lage, Kans., distributor of chinchilla 11. Breeding stock purchased from It is ordered, That Dubrowsky & Joseph, breeding stock to cease misrepresenting respondents is guaranteed without dis­ Inc., a corporation, and its officers, and the profits to be made from home breed­ closing the terms and conditions of such Morris Dubrowsky, Morris Joseph, Irving ing of chinchillas, their rate of repro­ guarantee. Dubrowsky, and Rubin Joseph, individu­ duction, and making other false claims. B. Using the word “guild” or any other ally and as officers of said corporation, The order to cease and desist, includ­ word of similar import or meaning as and respondents’ representatives, agents, ing further order requiring report of part of respondents’ trade or corporate and employees, directly or through any compliance therewith, is as follows: name, or misrepresenting in any other corporate or other device, in connection It is ordered, That respondents Na­ manner the nature or status of respond­ with the introduction, or manufacture tional Chinchilla Guild, Inc., a corpora­ „ introduction, into commerce, or the ents’ business. tion, and its officers, and Robert E. It is further ordered, That the re­ offering for sale, sale, transportation, Bouckhout, individually and as an officer distribution, delivery for shipment, or of said corporation, and respondents’ spondents herein shall, within sixty (60) shipment, in commerce, of wool prod­ agents, representatives, and employees, days after service upon them of this ucts, as “commerce” and “wool product” directly or through any corporate or order, file with the Commission a report ?re defined in the Wool Products Label­ other device; in connection with the in writing setting forth in detail the ing Act of 1939, do forthwith cease and offering for sale, sale, or distribution of desist from misbranding such products manner and form in which they have chinchilla breeding stock in commerce, complied with this order. as “commerce” is defined in the Federal 1. Falsely or deceptively stamping, ts Trade Commission Act, do forthwith Issued: February 6, 1967. smg, labeling, or otherwise identify] cease and desist from: By the Commission. such products as to the character A. Representing, directly or by impli­ amount of the constitutent fibers cc [seal] Joseph W. S hea, tained therein. cation, that: 1. It is practicable to raise chinchillas Secretary. batting to securely affix to, or place in the home or that large profits can be [F.R. Doc. 67-2071; Filed, Feb. 23, 1967; on, each such product a stamp, tag, label, made in this manner.* 8:46 am.] FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. I-----3 3226 Proposed Rule Making

over 16 inches in length. Uniformity 80 kind careful consideration must be given DEPARTMENT OF AGRICULTURE percent; injury tolerance, 15 percent. to the availability and suitability of 2. Section 29.1163 is amended by add­ equipment before a specific implementa­ Consumer and Marketing Service ing grade H3K after grade H6FR and its tion date can be established. It is the [ 7 CFR Part 29 ] specifications. The addition reads as Agency’s policy to provide sufficient lead follows: time for the design, procurement, and installation of aircraft equipment and TOBACCO INSPECTION H3K: Good Quality Variegated Smoking Leaf : Mellow, open leaf structure, medium that policy would be continued with re­ Flue-Cured Standard Grades body, lean in oil, strong color intensity, nor­ spect to any specific requirements that mal width, over 16 inches in length. Uni­ may evolve from this advance notice. Notice is hereby given that the U.S. formity 80 percent; injury tolerance, 15 Therefore, the Agency believes it pre­ Department of Agriculture has under percent. mature to specify a particular date upon consideration a proposed amendment to which regulatory requirements for the the Official Standard Grades for Flue- 3. Section 29.1162 is further amended recording of additional parameters must cured Tobacco, U.S. Types 11, 12, 13, and by deleting grades B1R and B2R. be met. 14, pursuant to the authority contained 4. In § 29.1181 the subheading “29 This advance notice of proposed rule in The Tobacco Inspection Act (49 Stat. Grades of Leaf” is amended to read “28 making is being issued pursuant to the 731; 7 U.S.C. 511 et seq.). Grades of Leaf,” and grade symbols un­ Agency’s policy for the early institution Statement of consideration leading to der this subheading are amended by of public rule-making proceedings. An the proposed amendment. With in­ adding “B3K” between “B6R” and “B4K” “advance” notice is issued when it is creased emphasis on ripe tobacco, an in­ and deleting “B1R” and “B2R.” found that the resources of the Agency creasing volume of better quality varie­ 5. In § 29.1181 the subheading “19 and reasonable inquiry outside the gated (K) flue-cured tobacco has been Grades of Smoking Leaf” is amended to read “20 Grades of Smoking Leaf,” and Agency do not yield a sufficientkbasis to produced during the past few years. Ob­ identify and select tentative or alternate servation during the 1964 marketing sea­ grade symbols under the subheading are amended by adding “H3K” between courses of action upon which a rule-mak­ son pointed out the need to segregate ing procedure might be undertaken, or the more desirable variegated tobacco “H6FR” and “H4K.” when it would otherwise be helpful to from the less desirable. An amendment (49 Stat. 734; 7 U.S.C. 511m) invite early public participation in the effective June 1965 provided this separa­ identification and selection of such ten­ tion by adding three grades of varie­ Done at Washington, D.C., this 20th day of February 1967. tative or alternate courses of action. gated in the Smoking Leaf Group: H4K, The subject matter has been found to H5K, and H6K. G. R. Grange, involve the situation contemplated by Production of high percentages of Deputy Administrator, this policy. better quality ripe and mellow variegated Marketing Services. Interested persons are invited to par­ leaf continued in 1965 and 1966. [F.R. Doc. 67-2105; Piled, Feb. 23, 1967; ticipate in the making of the proposed Observation of market offerings dur­ 8:49 a.m.] rules by submitting such written data, ing this period indicates that more views, or arguments as they may desire. accurate classification would be ac­ Communications should identify the no­ complished by adding two grades in tice or docket number, and be submitted which to place good quality ripe and FEDERAL AVIATION AGENCY in duplicate to the Federal Aviation mellow variegated leaf. For this purpose Agency, Office of the General Counsel, the proposed amendment would establish I 14 CFR Parts 25, 37, 121 1 Attention: Rules Docket, 800 Independ­ a third-quality grade of Leaf, B3K, and [Docket No. 7976; Notice 67-6] ence Avenue SW., Washington, D.C. a third-quality grade of Smoking Leaf, 20553. Communications should be re­ H3K. FLIGHT RECORDERS; ADDITIONAL ceived on or before May 25, 1967, to as­ This amendment would also delete two PARAMETERS sure proper consideration. All com­ grades of Red Leaf, B1R and B2R. Advance Notice of Proposed Rule ments submitted will be available in the Records show that we have not classified Rules Docket, both before and after the any tobacco in these grades during the Making closing date for comments, for examina­ past four consecutive years. The Federal Aviation Agency is consid­ tion by interested persons. If it is de­ All persons who desire to submit writ­ ering rule making to increase the re­ termined to proceed further, after con­ ten data, views, or arguments in connec­ quired number of recorded flight data sideration in the light of the available tion with this proposed amendment parameters for flight recorders used in data and the comments received in re­ should file the same, in duplicate, with large turbine-powered airplanes operated sponse to this notice, a notice of proposed the Hearing Clerk, U.S. Department of under Part 121 of the Federal Aviation rule making will be issued. Agriculture, Room 112, Administration Regulations. Section 121.343 of the FARs currently Building, Washington, D.C. 20250, not The need for recording an increased requires the recording of at least time, later than the 30th day after the publica­ number of flight data parameters as an altitude, air speed, vertical acceleration, tion of this notice in the F ederal R eg­ aid to the investigation of catastrophic and heading, by an approved flight re­ ister. All written submissions made accidents has been recognized by those corder, on all large airplanes certificated pursuant to the notice will be made avail­ who are responsible for the investigation for operation above 25,000 feet and on able for public inspection at the office of of accidents. In specific recognition of all large turbine-engine powered air­ the Hearing Clerk during official hours of this need, the Civil Aeronautics Board planes. business (7 CFR 1.27(b) as amended at has recommended to the Agency that Since the CAB first adopted flight re­ 29 F.R. 7311) . certain additional parameters, discussed corder regulations in the middle 1950’s, The proposed amendment is as follows: below, be required by regulatory action establishing the present parameters, im­ 1. Section 29.1162 is amended by add­at an early date, to assist in the proper proved techniques for sensing, transmit­ ing grade B3K after grade B6R and its investigation of accidents: It appears ting, recording, and reading out meas­ specifications. The addition reads as that it would be advantageous to require urements of physical phenomena (e.g-. follows: the recording of additional parameters heat, pressure, vibration and motion) B3K—Good Quality Variegated Leaf: Ripe, as soon as practicable. However, the have been developed by industry. A firm leaf structure, fleshy, oily, normal width, Agency recognizes that in matters of this great variety of recording devices have

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 PROPOSED RULE MAKING 3227 also recently been developed as a result sophisticated recorders which could recorded data to the greatest practicable of space and military application re­ serve as a maintenance tool to monitor degree. It would be advantageous if search programs. In addition, air car­ airborne performance of airplane power- data were recorded in one of the com­ riers and the Agency have been con­ plants and systems, provide a basis for monly used digital codings with a record ducting experimental and developmental operational performance analysis, and medium that is directly acceptable to the work on various kinds of airborne re­ insure recording of information essential computer without undergoing interme­ corders for a number of purposes. for accident investigation purposes. diate conditioning with its attendant The additional parameters that have The Agency emphasizes, therefore, that delay. Should any of the procedures for been suggested relate to airplane attitude the proposals outlined in this notice data reduction that might be adopted and response to aerodynamic forces, con­ should not inhibit Industry development impose an unjustifiable economic burden trol and control surface positions, and of such devices, including telemetering on an operator, provision would be made key indicators of engine performance. techniques. The Agency, in fact, wel­ for a separate agreement between the In addition to the parameters that are comes information and specific recom­ operator and the appropriate Govern­ currently being recorded, these would mendations for technically and econom­ ment .authority permitting use of “non­ include— ically feasible integration of the various standard” procedures for data reduction. (1) Pitch attitude; presently available and planned airborne In such a case, however, the requirements (2) Angle of attack; recorder systems, so long as the data as to accuracy, frequency of recording, (3) Angle of bank; relative to the key parameters set forth crash and fire protection, and retention (4) Pitch rate; above can be recorded and preserved for of the parameters recorded would be the (5) Yaw rate; accident investigating purposes. same as those otherwise specified. (6) Roll rate; Rapid reduction of recorded data is Issued in Washington, D.C., on Feb­ (7) Position-control column; vital to the conduct of an accident in­ (8) Position-control wheel; ruary 16,1967. vestigation. Consequently, it is essen­ C. W. W alker, (9) Position-rudder pedals; tial that there be standardization of (10) Position-pitch trim; Director, Flight Standards Service. (11) Position-wing flaps; Appendix A—Aircraft F light R ecorder (12) Ambient air temperature; and (13) Engine parameters (two of the (Tentative parameter specifications) following for each engine): Record Sample (a) Engine torque, Sample variation duration Readout capa­ (b) Engine pressure ratio, Number parameter Range interval or Accuracy (Milli­ bility (c) Engine gas temperature, and (Seconds) interval seconds) (d) RPM. (Seconds) Tentative specifications for the record­ 1. Time...... 1. 1 6 6 ing of these parameters are set forth in 2. Pressure altitude_____ -1000 to « i ±150 to±890 ft. 1 250 100 ft.» Appendix A of this advance notice. +80,000 ft.1 (see TSO-C 51). Recording at specified intervals would 3. Magnetic heading...... 360° azimuth__ « »2 ±2°__ 1 100 1°. be permitted as is currently the case for 4. Air speed______80 to 500 knots1— « 1 ±3 to 175 knots. 1250 1 to 175 knots. recorders approved under TSO-C51a. ±5 knots 2 knots above.1 To avoid restrictions that may preclude 5. Vertical acceleration__ —3 to +6 g...... « 0.1 ±0.1 g or 5%1— »75 0.1 g.1 6. Pitch attitude...... -45° to +45°.__ 2 2 1 °. the use of recent advances in the art of 7. Angle of attack_____ . -60° to +60°.__ (') i -1-1 ° or 5% 1°. electronic data recording, the Agency is 8. Angle of bank______-90° to +90°.__ (») 2 -4-1° nr 5% ° . 9. Pitch rate...... 1 considering methods whereby alternate 0 to ±25®/sec__ W i 1°. 10. Yaw rate...... 0 to ±l5°/sec___ (•) 1 1°. means of scheduling the interval between 11. Boll rate______0 to ±1807sec._. (•) i ±l°/sec. or 5%—. 50 1° . 12. Position-control Full range____ 1 i 50 °. successive recordings of a parameter column. 1 w°uld be permitted. One of these is the 13. Position-control wheel. Full range____ 1 i ±1° 50 1 ®. 14. Position-rudder pedals. Full range____ 1 i ±1° commonly used system of recording each 15. Position-pitch trim___ Full range...... 1°. time a particular parameter is sampled 2 2 ±1® 50 1°. 16. Position-wing flaps___ Full range_____ 2 2 ±1® 1°. at a fixed rate. The other is the more 17. Ambient air tempera- -70° to +55° C. (*) 2 ±1® G. or 5 % .. ture. 50 1° C. recently developed system of sampling 18-25. Engine param- each parameter at a fixed rate but re­ eters—include two of following for each cording only when there is a significant engine: * change in any parameter. Either sys­ Engine torque____ 20 to 105%...... (*) 2 -4-9!% 2%. Engine pressure 0.5 to 3.5...... (*) 2 ■4-2% . 100 tem should sample at rates not less than ratio. 2%. those specified in Appendix A. The lat­ Engine gas 400 to 1200° C .„ (*) 2 ±1%...... 100 ter system should record at signal level temperature. 1%. changes not in excess of those given for RPM...... 20 to 110%...... C) 2 ±1% (of 100 1% (of range). readout in Appendix A. reading). Consideration is also being given to i Channels 1 to 5 inclusive—denotes change from TSO-C51 requirement. the establishment of a 1-hour retention * Minimum duration in milliseconds. miuirement for the data related to the * Continuously. additional parameters. This would per- [F.R. Doc. 67-2060; Filed, Feb. 23,1967; 8:45 a.m.] nut automatic erasure of the additional data, and would offer practical advan­ tages to operators who might elect to use [ 14 CFR Part 71 1 for Reid-Hillview Airport, San Jose, a recorder meeting present requirements [Airspace Docket No. 67-WE-l] Calif., for the control of VFR traffic. Pius a supplemental recorder that would Interested persons may participate in record the data from the additional CONTROL ZONE the proposed rule making by submitting p rameters. Consideration is also being Proposed Designation such written data, views, or arguments given to permitting automatic erasure of as they may desire. Communications ford ed data (including presently The Federal Aviation Agency is con­ should be submitted in triplicate to the data) that is in excess of the sidering an amendment to Part 71 of the Director, Western Region, Attention: Sf a 1hours of operation. This would Federal Aviation Regulations which Chief, Air Traffic Division, Federal Avia­ relaxation of the present require- would designate controlled airspace in tion Agency, 5651 West Manchester Ave­ ments of 60 days for retention contained the San Jose, Calif., terminal area. nue, Post Office Box 90007, Airport Sta­ bisection 121.343 of the FARs. On or about October 12, 1967, the tion, Los Angeles, Calif. 90009. All com­ nnml^Agency k encouraging the devel- Federal Aviation Agency proposes to munications received within 45 days after pment of multiparameter (150-300) commission an air traffic control tower publication of this notice in the F ederal

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3228 PROPOSED RULE MAKING

R egister will be considered before action as they may desire. Communications Federal Aviation Regulations which is taken on the proposed amendment. should identify the airspace docket num­ would realign J-4 in part from Blythe, No public hearing is contemplated at this ber and be submitted in triplicate to the Calif., via Gila Bend, Ariz., to San Simon, time, but arrangements for informal con­ Director, Eastern Region, Attention: Ariz.; and would realign J-2 in part from ferences with Federal Aviation Agency Chief, Air Traffic Division, Federal Avia­ Gila Bend to San Simon. officials may be made by contacting the tion Agency, Federal Building, John F. Interested persons may participate in Regional Air Traffic Division Chief. Any Kennedy International Airport, Jamaica, the proposed rule making by submitting data, views, or arguments presented dur­ N.Y. 11430. All communications received such written data, views, or arguments ing such conferences must also be sub­ within 30 days after publication of this as they may desire. Communications mitted in writing in accordance with this notice in the F ederal R egister will be should identify the airspace docket num­ notice in order to become part of the considered before action is taken on the ber and be submitted in triplicate to the record for consideration. The proposal proposed amendment. The proposal Director, Southwest Region, Attention: contained in this notice may be changed contained in this notice may be changed Chief, Air Traffic Division, Federal Avi­ in the light of comments received. in the light of comments received. ation Agency, Post Office Box 1689, Fort A public docket will be available for An official docket will be available for Worth, Tex. 76101. All communications examination by interested persons in the examination by interested persons at the received within 30 days after publica­ office of the Regional Counsel, Federal Federal Aviation Agency, Office of the tion of this notice in the F ederal Reg­ Aviation Agency, 5651 West Manchester General Counsel, Attention: Rules Dock­ ister will be considered before action is Avenue, Los Angeles, Calif. 90045. et, 800 Independence Avenue SW., Wash­ taken on the proposed amendments. In view of the foregoing, the FAA pro­ ington, D.C. 20553. An informal docket The proposals contained in this notice poses the following airspace action: also will be available for examination at may be changed in the light of comments In § 71.171 (32 F.R. 2071) the follow­ the office of the Regional Air Traffic Divi­ received. ing control zone is added: sion Chief. An official docket will be available for S an J ose, Calif. (R eid-H illview Airpo rt) Extension of VOR Federal airway No. examination by interested persons at the 128 as proposed would provide an addi­ That airspace within a 3-mile radius of the Federal Aviation Agency, Office of the Reid-Hillview Airport (latitude 37°19'58'' N„ tional routing for aircraft departing General Counsel, Attention: Rules Dock­ longitude 121#49'08" W.), excluding that Washington, D.C., and proceeding west­ et, 800 Independence Avenue SW., Wash­ portion within the San Jose control zone. bound to and beyond Charleston, W. Va., ington, D.C. 20553. An informal docket This control zone is effective during the and would reduce the airway mileage also will be available for examination specific dates and times established in ad­ between Washington and Charleston by at the office of the Regional Air Traffic vance by a Notice to Airmen. The effective approximately 10 NM. A uniform floor Division Chief. date and time will thereafter be continuously of 1,200 feet above the surface is pro­ published in the Airman’s Information posed for simplicity in depicting the air­ J-4 is presently aligned in part from Manual. Blythe via INT of Blythe 096° (082° M) way floors on aeronautical charts. and Gila Bend 315° (301° M) radials; This amendment is proposed under Designation of the jet route as pro­ Gila Bend; INT of Gila Bend 098° T the authority of section 307(a) of the posed between Charleston and Herndon (084° M) and San Simon 286° T (273° Federal Aviation Act of 1958, as amended would establish a transition routing oh M) radials; to San Simon. The present (72 Stat. 749; 49 U.S.C. 1348). which eastbound traffic en route to the Washington terminal area could be de­ alignment of J-2 between Gila Bend and Issued in Los Angeles, Calif., on Febru­ scended with westbound traffic operating San Simon coincides with J-4. ary 15,1967. on Jet Routes Nos. 6 and 8. This pro­ Realignment of these routes as pro­ Lee £ . Warren, cedure is presently accomplished by issu­ posed herein would eliminate two dog­ Acting Director, Western Region. ing radar vectors which approximate the legs, and would reduce the jet route dis­ [F.R. Doc. 67-2059; Filed, Feb. 23, 1967; radials of the proposed jet route. tance between Blythe and San Simon by 8:46 am.] These amendments are proposed un­ 6 miles. The proposed realignment of der the authority of section 307(a) of J-4 transits R-2308A, R-2308B, and R- the Federal Aviation Act of 1958 (49 2306B; however, these are joint use re­ [ 14 CFR Parts 71, 75 1 U.S.C.). [Airspace Docket No. 66-EA-51] stricted areas. Further, R-2308A and Issued in Washington, D.C., on Feb­ R-2308B extend only to FL 200, and R- FEDERAL AIRWAY AND JET ROUTE ruary 16, 1967. 2306B extends only to FL 240. Most Proposed Alteration and Designation H. B. Helstrom, aircraft operating on this segment of J-4 Chief, Airspace and Air presently receive radar vectors from Gila The Federal Aviation Agency is con­ Traffic Rules Division. sidering amendments to Parts 71 and 75 Bend direct to Blythe. [F.R. Doc. 67-2058; Filed, Feb. 23, 1967; These amendments are proposed un­ of the Federal Aviation Regulations 8:46 am.] which would extend VOR Federal airway der the authority of section 307(a) of No. 128 from Charleston, W. Va., to Casa­ the Federal Aviation Act of 1958 (49 nova, Va., with a floor of 1,200 feet above [1 4 CFR Port 75 1 U.S.C. 1348). the surface; and designate a new jet route from Charleston, W. Va., via the [Airspace Docket No. 67-WA-4] Issued in Washington, D.C., on Feb­ intersection of the Charleston 083° T ruary 16, 1967. (086° M) and Herndon, Va., 254° T (261° JET ROUTES T. M cCormack, Acting Chief, Airspace and M) radials to Herndon. Proposed Alteration Interested persons may participate in Air Traffic Rules Division. the proposed rule making by submitting The Federal Aviation Agency is con­ [FU. Doc. 67-2057; Filed, Feb. 23, 1M7; such written data, views, or arguments sidering amendments to Part 75 of the 8 :4 6 a.m .]

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3229 Notices

tion, Serial No. Colorado 1308, for the Buffalo Springs Campground DEPARTMENT OF THE INTERIOR withdrawal from location and entry T. 12 S., R. 77 W.. Bureau of Land Management under the general mining laws but not In Section 3. the mineral leasing laws siibject to ex­ [AR 033050] isting valid claims certain public lands Lands proposed to be withdrawn in the above designated areas aggregate ap­ ARIZONA in the sections and townships described below. proximately 2,077 acres. Notice of Classification of Public The lands are to be used for the de­ J. E lliott Hall, Lands velopment or expansion of public recrea­ Land Office Manager. tional facilities in the Gunnison and Pike 1. Pursuant to the Act of September [F.R. Doc. 67-2081; Filed, Feb. 23, 1967; National Forests. ' 8:47 a.m.] 19, 1964 (43 U.S.C. 1411-18), and to the For a period of 30 days from the date regulations in 43 CFR Parts 2410 and of publication of this notice' all persons 2411, the public lands described below who wish to submit comments, sugges­ [1-769] are hereby classified for disposal under tions, or objections in connection with the Recreation and Public Purposes Act the proposed withdrawal may present IDAHO (43 U.S.C. 869, et seq.). their views in writing to the Land Office 2. The lands affected by this classifica­ Notice of Proposed Withdrawal and Manager, Bureau of Land Management, Reservation of Lands tion are located to Pinal County and are Room 15019, Federal Building, 1961 described as follows: Stout Street, Denver, Colo. 80202. F ebruary 16, 1967. Gila and Salt River Meridian, Arizona If circumstances warrant it, a public The Department of Agriculture has T 9 S R 9 E hearing will be held at a convenient time filed an application, Serial No. 1-769, for Sec. 4, sy2NWi4, SW1/4, and SW&SEJ4; and place which will be announced. the withdrawal of the lands described Sec. 9, S‘/2. NW>/4, and W^NE1^; The determination of the Secretary on below, from all forms of appropriation Sec. 21; the application will be published in the under the public land laws, including the Sec. 22; F ederal R egister. A separate notice will mining laws but not the mineral leasing Sec. 23. be sent to each interested party of laws, subject to valid existing rights. Aggregating 2,760 acres. record. The applicant desires the land for pub­ For a period of 30 days, interested The lands affected are: lic purposes for recreation areas in the parties may submit comments to the Gunnison National F orest Nez Perce National Forest. Secretary of the Interior, LLM, 721, NEW MEXICO PRINCIPAL MERIDIAN For a period of 30 days from the date Washington, D.C. 20240 (43 CFR 2411.1- Rainbow Lake Campground of publication of this notice, all persons 2(d)). who wish to submit comments, sugges­ R iley K F oreman/ T. 50 N„ R. 3 W., tions, or objections in connection with Acting State Director. In Section 3. T. 51 N., R. 3 W. (unsurveyed), the proposed withdrawal may present February 15, 1967. In Section 34. their views in writing to the undersigned officer of the Bureau of Land Manage­ [F.R. Doc. 67-2078; Filed, Feb. 23, 1967; IHe Campground 8:47 a.m.] ment, Department of the Interior, Post T. 49 N., 9. 5 W., Office Box 2237, Boise, Idaho 83701. In Section 10. [Los Angeles 0158928] The authorized officer of the Bureau SIXTH PRINCIPAL MERIDIAN of Land Management will undertake CALIFORNIA Beaver Pond Picnic Ground such investigations as are necessary to Notice of Termination of Proposed determine the existing and potential de­ T. 14 S., R. 87 W., mand for the lands and their resources. Withdrawal and Reservation of In Sections 26 and 27. He will also undertake negotiations with Lands; Correction Castleview Campground the applicant agency with the view of F ebruary 16, 1967. T. 15 S., R. 87 W. (unsurveyed), adjusting the application to reduce the The notice of termination of proposed In Section 8 . area to the minimum essential to meet withdrawal and reservation of lands. Costo Lake Back Area Camp ’ the applicant’s needs, to provide for the Published on pages 2387 and 2388 of the maximum concurrent utilization of the T. 15 S., R. 88 W. (unsurveyed), lands for purposes other than the ap­ Federal Register as Document No. 67- In Section 12. v. 1268 of the issue for February 3, 1967, plicant’s, to eliminate lands needed for is hereby canceled in its entirety. The Crested Butte Winter Sports Area Addition purposes more essential than the appli­ applicant agency has canceled its request T. 13 S„ R. 85 W., cant’s, and to reach agreement on the In Sections 19, 20, 29, 30. concurrent management of the lands and for the termination of the application as T. 13 S., R. 86 W., it affected the lands described therein. their resources. In Section 24. He will also prepare a report for con­ Hall H. M cClain, Lost Lake Recreation Area sideration by the Secretary of the In­ Manager. T. 13 S., R. 88 W., [F.R. Doc. 67-2093; Filed, Feb. 23, 1967; In Section 34. terior who will determine whether or not 8:48 a.m.] T. 14 S., R. 88 W., the lands will be withdrawn as requested In Sections 2,3,10,11. by the Department of Agriculture. [Colorado 1308] P ik e National F orest The determination of the Secretary on COLORADO SIXTH PRINCIPAL MERIDIAN the application will be published in the F ederal R egister. A separate notice Notice of Proposed Withdrawal and Molly Gulch Campground T. 10 S., R. 71 W. (unsurveyed), will be sent to each interested party of Reservation of Lands In Section 9. record. F ebruary 16, 1967. Hangin’ Tree Campground If circumstances warrant it, a public ??■Porest Service of the Depart- T. 9 S., R. 78 W., hearing will be held at a convenient time t of Agriculture has filed an applica­ In Sections 11 and 12. and place which will be announced.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3230 NOTICES

The lands Involved in the application sidered as simultaneously filed at that The authorized officer shall publicly are: time. Those received thereafter shall be declare the highest qualifying sealed bid Boise Meridian considered in the order of filing. received.' Oral bids shall then be invited NEZPERCE NATIONAL FOREST 4. The mineral rights in the lands were in increments specified by the authorized Dry Saddle Recreation Area not exchanged. Therefore the mineral officer. After oral bids are received, the status of the lands are not affected by authorized officer shall declare the high­ T. 27 N., R. 12 E.f unsurveyed, which prob­ this order. est qualifying bid. The person declared ably will be when surveyed: 5. Inquiries concerning the lands to have entered the highest qualifying bid Sec. 17, E y2 SE % SW % NE %, SW ^SE^ SW ^NE^, NE%NW%SE%, and SE14 should be addressed to the Land Office shall be required to make full payment NW%NW%SE%. Manager, Bureau of Land Management, for the tract plus the cost of publication Totaling 20 acres. Billings, Mont. 59101. at the close of bidding. Granite Springs Hunter Camp Eugene H. N ewell, All bids, sealed and oral; must be ac­ Land Office Manager. companied by a certified statement in­ T. 28 N., R. 11 E., unsurveyed, which prob­ dicating that the principal is a citizen ably will be when surveyed: [F.R. Doc. 67-2079; Filed, Feb. 23, 1967; Sec. 32, S^NW%NE^NW^, SW^NE% 8:47 a.m.] or otherwise a national of the United NWy4, SE%NE%NW%NW%, and E& States (or who has declared his inten­ sEy4 NW‘/4 Nwy4. [Nevada 067101] tion to become a citizen) aged 21 years Totaling 22.5 acres. or more. A partnership or association Rhett Creek Campground NEVADA must show that each of the members is a qualified individual, as stated above. T. 25 N., R. 9 E., unsurveyed, Notice of Public Sale Agents must furnish the principal’s cer­ A tract of land within the unsurveyed tification of qualification, as stated SE14, sec 30, more particularly described F ebruary 16,1967. as: Under the provisions of the Public above. Beginning at a point on the high waterline Land Sale Act of September 19, 1964 (78 Any adverse claimants to the above- of the Big Salmon River 75 feet upstream Stat. 988; 43 U.S.C. 1421-1427), 43 CFR described land should file their claims, from the intersection of the high waterline Subpart 2243, a tract of land will be of­ or objections, with the undersigned on or with the east bank of Rhett Creek, thence before the time designated for sale. continuing upstream on the high waterline fered for sale to the highest bidder, but of the Big Salmon 375 feet; thence N. 45s at not less than the appraised value plus The lands described in this notice have W., 250 feet; thence S. 45° W., 450 feet; the publication costs, at a public sale to been segregated from all forms of ap­ thence S. 63° E., 420 feet to the point of be held at 1:30 p.m., local time, on Tues­ propriation, including locations under beginning. day, March 28, 1967, at the Winnemucca the general mining laws, except for sale Totaling 2.3 acres. District Office, Bureau of Land Manage­ under this Act, from the date of the pro­ The areas described aggregate 44.8 ment, East Highway 40, Winnemucca, posed classification decision. Inquiries acres in Idaho County, Idaho. Nev. The land to be offered for sale is concerning this sale shall be addressed described as follows: to the Land Office Manager, Bureau of Orval G. Hadley, Mount Diablo Meridian, Nevada Land Management, Room 3008, Federal Manager, Land Office. Building, 300 Booth Street, Reno, Nev. [F.R. Doc. 67-2082; Filed, Feb. 23, 1967; T. 36 N., R. 38 E., 89502. 8:48 a.m.] Sec. 28, EyaSW&NW&NE^. D aniel P. Baker, The area described contains 5 acres. Manager, Nevada Land Office. [Montana 1373] The appraised value of the tract is $2,000, [F.R. Doc. 67-2080; Filed, Feb. 23, 1967; and the publication costs to be assessed 8:47 aon.] MONTANA are $10.75. The land will be sold subject to all Order Providing for Opening of Public valid existing rights and reservations for [New Mexico 435] Lands rights-of-way. Reservations will be NEW MEXICO F ebruary 16,1967. made to the United States for ditches and canals in accordance with the Act Notice of Classification of Lands 1. In an exchange of lands made un­ of August 30,1890 (26 Stat. 391; 43 U.S.C. der the provisions of section 8 of the 945). Also, an easement of 30 feet along F ebruary 16,1967. Act of June 28, 1934 (48 Stat. 1272), as the east boundary of the tract will be In FR. Doc. 67-1425 starting on page amended June 26, 1936 (49 Stat. 1976; reserved for access and public utility 2579 of the issue for February 7, 43 U.S.C. 315g) the following lands have purposes. All mineral rights are to be 1967, the following lands, inadvertently been reconveyed to the United States: reserved to the United States and with­ omitted from the description, are added: P rincipal Meridian, Montana drawn from appropriation under the public land laws, including the general T. 12 s., R. 7 w., T. 3 N., R. 25 E., Sec. 17, SE14SW14 and Sy2 SE^; Sec. 7, Lots 1 and 2, E% and E%W%; mining laws. Sec. 17, All. Sec. 19, lot 15 (SW%SE%); Bids may be made by the principal or Sec. 20, Ei/2 and Ey2 ; T. 3 N., R. 26 E., his agent, either personally at the sale, Sec. 9, All. Sec. 21, S^SWi/4 and W ^SE^. or by mail. Bids must be for all the T. 22 S., R. 7 W., The areas described aggregate 1,828.70 lands in the parcel. Bids sent by mail Sec. 5, lots 4, 5, 6 , 7, 8 , S»/2NE!4 and SE%; acres. will be considered only if received at the Sec. 7,Ei/2; 2. The above lands comprise three Winnemucca District Office, Bureau of Sec. 8 ; parcels of range land and are located Land Management, East Highway 40, Sec. 17, NWy4 and Ni/2SWy4: Post Office Box 71, Winnemucca, Nev. Sec. 18, N14, Wy2 SEt4, and NE^SE^. in Yellowstone County, Mont., approxi­ T. 20 S., R. 8 W., mately 12 miles north of Billings, Mont. 89445, prior to 1:30 pm., on Tuesday, Sec. 18, lot 6 (SE!4NW»4). The lands are presently used for grazing March 28, 1967. Bids made prior to the T. 20 S., R. 9 E., livestock. The lands are part of larger public auction must be submitted in sec. 15, wy2wy2. pastures and their efficient use and man­ sealed envelopes, accompanied by cer­ T. 21 S., R. 9 E., agement are closely related to adjoining tified checks, postal money orders, bank sec. 33, wy2wy2. lands. drafts, or cashier’s checks, made pay­ T. 11 S., R. 9 ya E., 3. Subject to valid existing rights, the able to the Bureau of Land Management, Sec. 29, lot 1 and NE^NE^* T. 11 S., R. 10 E., . provisions of existing withdrawals, and for the full amount of the bid, which Sec. 19, NW14NE&, sy2NE}4, NW&, ana the requirements of applicable law, the may not be less than the appraised value S%; lands are hereby open to application, plus the publication costs. The envel­ Sec. 20, lots 2, 3, and 4; petition, location, and selection. All opes must be marked in the lower left- Sec. 29, lots 1, 3, and 4; valid applications received at or prior to hand corner “Publication Sale Bid, Par­ Secs. 30 and 31; 10 a.m., March 24, 1967, shall be con­ cel No. 1, Sale held March 28, 1967.” Sec. 32, lots 1,2,3, and 4.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3231

Also, the following corrections are T. 33 S., R. 41 E.. * * * * * Sec. 30, lots 1. 2. 3, and 4, SE%NW%, E % (g) Disposition of materials other made: SW y4, W% SE %, and SE %SE %; In T. 27 S., R. 7 W. (on page 2582), Sec. Sec. 31. than forest products, not exceeding $100 35, “SMs” is corrected to “N%’\. T. 33% S., R. 40 E., in value. In T. 27 S., R. 8 W. (on page 2581), “Sec, Sec. 32; The District Manager may at any 34” is corrected to “Sec. 34, NW*4”. Sec. 34; time temporarily reserve, restrict, or In T. 29 S., R. 11W. (on page 2581), Sec. Sec. 35. withhold any portion of the above dele­ 12 “N%SWft and Nx/2SEi4” is cor­ T. 34 S„ R. 39 E., gated authority through use of Form Sec. 1, SE%. 1213-1 District Office Authority and Re­ rected to “Ny2, SWy4, Ni/aSE^”. T. 34 S., R. 40 E., . In T. 31S., R. 16 W. (on page 2582), “Sec. Secs. 1 to 4, Inclusive; sponsibility Guide. I, E% and E ^N W ^” is corrected to Sec. 5, S%; This order will become effective upon “Sec. 1”; “Sec. 11” is corrected to “Sec. Sec. 6 . date of publication in the F ederal II, Ex/2, Ey2NWy4”; “Sec. 25” is cor­ T. 34 S., R. 41 E., R egister. rected to “Sec. 35”. Sec. 6 , N% and SW%. Dated: February 3,1967. W. J. Anderson, The areas described aggregate 20,011.09 Val B. R ichman, State Director. acres. District Manager.' For a period of 30 days, interested Approved: [PH. Doc. 67-2076; Filed, Feb. 23, 1967; parties may submit comments to the Sec­ 8:47 aju.] retary of the Interior, LLM, 721, Wash­ N olan F. K eil, ington, D.G. 20240. State Director, Nevada. [Oregon 015973] Murl W. Storms, [F.R. Doc. 67-2075; Filed, Feb. 23, 1967; OREGON Acting State Director. 8:47 a.m.] Notice of Classification [F.R. Doc. 67-2077; Filed, Feb. 23, 1967; 8:47 a.m.] F ebruary 16,1967. Pursuant to section 2 of the act of DEPARTMENT OF AGRICULTURE September 19, 1964 (43 U.S.C. 1412), the AREA MANAGERS; CARSON CITY Commodity Credit Corporation lands described below are hereby classi­ DISTRICT, NEV. fied for disposal through exchange under JUTE BAGGING AND BALE TIES USED section 8 of the act of June 28, 1934 (48 Delegation of Authority IN WRAPPING COTTON Stat. 1272; 43 U.S.C. 315g), as amended. Under authority of Bureau Order 701, Notice of Specifications The exchange will improve the public dated July 23,1964, and as amended April land pattern by disposing widely scat­ 26,1966, and subject to the limitations in The Department of Agriculture an­ tered tracts and acquiring private tracts Part III of that order the Area Managers nounced on April 14,1965, after receiving Intermingled with or adjoining large administering the Reno, Fallon, Yering- suggestions and recommendations from blocks of public domain programed for ton, and Hawthorne Resource Areas of interested persons, specifications for bag­ range rehabilitation under the Vale the Carson City District, Nevada, are ging and ties for wrapping cotton of the Project. authorized to act on the following mat­ 1967 and subsequent crops of cotton The lands affected by this classifica­ ters within their respective areas of re­ tendered to CCC for price support. tion are the same as described in the sponsibility in accordance with existing These specifications were published in notice of proposed classification pub­ policies and regulations of the Depart­ the F ederal R egister on June 14, 1966. lished in the F ederal Register, May 19, ment, and under direct supervision of Since that time interested persons have 1966 (31 F.R. 7292). The lands are the Carson City District Manager: pointed out that a number of problems located south of the intersection of would be encountered by bagging manu­ State Highway 78 and U.S. Highway 95 Delegations op Authority in Specific facturers, suppliers, ginners, and pro­ Matters and approximately 50 miles southwest ducers under the specifications. It has of Jordan Valley, Oreg., and are de­ S ec. 3.3 Fiscal affairs. been determined that certain modifica­ scribed as follows: * * * * * tions should be made in these specifica­ Willamette Meridian (d) Trespass: Determine liability andtions. The June 14,1966, notice is here­ T. 32 S., R. 40 E., issue notice of grazing trespass; recom­ by rescinded, and notice is hereby given Sec. 31, lots 1, 2, 3, and 4, W%NE% and that, beginning with the 1967 crop of E%NW%; mend as to acceptance of settlement offer cotton, when cotton tendered to Com­ Sec. 32; made. modity Credit Corporation for price sup­ Sec. 34. S ec. 3.7 Range management. port is wrapped in jute bagging, the T. 33 S., R. 39 E., (a) Within grazing districts, the issu­ Sec. 24, W%; total weight of bale ties and buckles shall Sec. 26; « ance of licenses and permits to graze or be 9 pounds per bale plus or minus one- Sec. 34. trail livestock. half pound, and the bagging (1) must T. 33 S., R. 40 E., • * * * * be new material which has been manu­ Sec. 2; factured specifically for cotton bale cov­ Sec- 4, W% and SE%SE%; (3) Permits or cooperative agreements ering and which meets the Physical Sec. 6; to construct and maintain range im­ Sec. 8; Requirements for New Jute Bagging set Sec. 10; provements and determine the value of forth in this notice or must be used bag­ Sec. 14; such improvements. ging which meets the Physical Require­ Sec. 18; (4) Expenditure of funds appropri­ ments for Jute Bagging Manufactured Sec. 20, N E ^ andS % ; from Used Jute Bags (and Commonly Sec. 22; ated by Congress or contributed by in­ Referred to as “Sugar» Cloth Bagging”) Sec. 24, NW&NW%r sy2NW»4, SW%, and dividuals, associations, advisory boards, set forth in this notice, and (2) must w y2 s e ^4 » or others for the construction, purchase Sec. 25; meet the Other Requirements for All Sec. 26; or maintenance of range improvements. Bagging set forth in this notice: Pro­ Sec. 27,SE%SE%; ***** vided, however, That carryover non­ (d) Soil and moisture conservation; specification bagging intended for use Sec. 30; on the 1966 crop of cotton which was Sec. 32; control of halogeton glomeratus. physically in the United States in the Sec. 34; Sec. 3.8 Forest management. inventory of (owned by and in the pos­ Sec. 35. .(a) Disposition of forest products in­ session of) cotton ginners and suppliers T-33S., R. 4 0 % E., cluding sales of timber not exceeding on December 1, 1966, may be used to Sec. 30, lots 1,2,3, and 4; $190 in value. Sec. 31, lots 1, 2, 3, a.nri 4. wrap 1967-crop cotton which is tendered Sec. 3.9 Land use. to CCC for price support if the ginner or

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3232 NOTICES supplier certifies to CCC (State ASCS which is not more than 4 ounces per in determining whether jute bagging office of State where the bagging is phy­ running yard heavier than this pre­ used to wrap cotton tendered for CCC sically located at the time of certifica­ scribed weight may be used for standard loan beginning with the 1967-crop of tion) not later than March 31, 1967, density bales if the bagging is 96 inches cotton meets the above specifications. or by such later date as may be approved but not to exceed 100 inches in length. Each sample of bagging selected for test­ by the Executive Vice President, CCC, The weight of each piece of bag (doth, ing will consist of one panel or sample the quantity (expressed in patterns) of without hems, patches and/or seams, strip (one-half pattern). such carryover nonspecification bagging composing each one-half pattern of bag­ Length: he had on hand on December 1, 1966, ging must also not be less than 17.6 The length of the sample will be meas­ which is still in his inventory at the time ounces per square yard. (Bagging man­ ured directly using a measuring stick, of certification, subject to the following ufactured from bag cloth weighing 17.6 steel tape, or other suitably graduated requirements: If the quantity of such ounces per square yard must be 56 inches device. nonspecification bagging in the inven­ wide to meet minimum weight require­ The sample will be laid out flat on a tory of any ginner or supplier on Decem­ ments.) smooth horizontal surface without ber 1,1966, which is still in his inventory Width: 48 inches minimum, 56 inches stretch and the length of both selvages at the time of certification, plus the maximum. measured. The length of the sample quantity of all bagging (specification and The bagging must have been manufac­ will be the average of the two selvage nonspecification bagging) used by the tured from once used good quality closely measurements rounded to the nearest ginner or distributed by the supplier for woven heavy jute bags previously used inch. wrapping 1966-crop cotton, is in excess for sugar, coffee, cocoa, or other products of the average quantity of bagging used approved by the Executive Vice President, Measurement will be made on the or distributed by him for wrapping 1964 CCC, and must be clean, in sound condi­ sample in equilibrium with standard at­ and 1965 crops of cotton, the excess may tion, and of sufficient strength to ade­ mospheric conditions as specified in not be used to wrap 1967-crop cotton quately protect the cotton, and must not A.S.T.M. D1776-62T. which is tendered to CCC for price sup­ contain stenciling or other materials Width: The width of the sample will port, unless approved by the Executive which will contaminate or adversely af­ be measured directly using a measuring Vice President, CCC, or his designee. fect cotton as determined by the Execu­ stick, steel tape, or other suitably gradu­ After verification by CCC of the gin- tive Vice President, CCC. The bags used ated device, and will include the sel­ ner’s or supplier’s inventory (including in the manufacture of the bagging must vages. physically inventorying the bagging) not contain any fiibers which would ad­ The sample will be laid out flat on a CCC will issue to the ginner or supplier versely affect the cotton. smooth horizontal surface without bale tags for the approved number of P a ttern construction. Each one- stretch and the measurements made per­ nonspecification patterns in his inven­ half pattern, having the dimensions pendicular to the selvages. Three tory. Bales of 1967-crop cotton which specified under “Length” and Width,” width measurements will be taken on are wrapped in nonspecification bagging must be composed of not more than each sample. One measurement will be will be eligible for CCC price support three pieces of used bag cloth of made at the center of the sample and two only if identified by such bale tags. same construction and weight. There other measurements wall be made ap­ must not be more than two crosswise proximately 12 inches in from each end P hysical R equirements for N ew J ute of the sample. The average of the three B agging 1 sewn seams and no lengthwise sewn seams in any one-half pattern. (Seams, measurements, rounded to the nearest Length: 108 inches minimum for flat hems, and necessary patches in the orig­ one-half inch, will be the width. bales; 96 inches minimum for standard inal bags from which the bagging is Measurements will be made on the density bales; 112 inches maximum for made will not be considered sewn seams). sample in equilibrium with standard at­ flat or standard density bales. Overlap at seams and patches must not mospheric conditions as specified in Weight: 32 ounces per running (lin­ be greater than 2 y2 inches. Overlaps, A.S.T.M. D 1776-62T. ear) yard of bagging (plus or minus two patches and hems sewn into the bagging Warp yarn count: * The number of ounces) at 13.75 percent moisture con­ to increase the weight of lightweight warp ends in the width of the sample, tent (not moisture regain). Bagging material will not be permitted. Sewn including the selvages, will be counted which is not more than 4 ounces per run­ seams must be such that the edges of at each end oj? the sample. The average ning yard heavier than this prescribed the joined pieces coincide to make a of the two counts divided by the width, weight may be used for standard density symmetrical one-half pattern without as determined above, and multiplied by bales if the bagging is 96 inches but not appreciable displacement of the edge of 12 will be the warp yam count per 12 to exceed 100 inches in length. one piece of bagging relative to the edge inches. Width: 47y2 inches minimum, 50 of the adjoining piece in the seam. inches maximum. Weft yarn count: * The number of Sewing must be with strong thread with weft (filling) yarns over a measured Weft (Pilling) Yarns: Minimum size not larger than % inch stitching. of 40 pounds per spyndle (14,400 yards). length of 36 inches on each sample will be Warp Yarns: Equal to or larger than Other R equirements for all B agging counted. The number counted divided weft yams but not less than 75 pounds Cotton wrapped in bagging to which by 3 will be the weft yam count per 12 per spyndle. any kind of salt or other corrosive or inches. Number of Warp Yarns: Minimum of Weight: hygroscopic material has been added will The ounces per running yard of the 41 per 12 inches. not be eligible for tender to CCC. Number of Weft (Pilling) Yams: Min­ sample will be calculated by multiplying imum of 25 per 12 inches. T est Methods the weight of the sample in ounces by 36 P hysical R equirements for Jute B ag­ The following testing methods will be and dividing the result by the length of ging Manufactured F rom U sed J ute used by Commodity Credit Corporation the sample in inches. B ags (and Commonly R eferred to as Weight of the sample in ounces X 36 “Sugar Cloth B agging” ) 1 Ounces per running yard= Length: 108 inches minimum for flat length of the sample in inches bales; 96 inches minimum for standard The weight will be calculated on the the sample, weighing it in ounces, and density bales; 112 inches maximum for basis of 13.75 percent moisture content. multiplying the result by nine. The fiat or standard density bales. Weight per square yard:a The weight weight is to be calculated on the basis of Weight: 32 ounces per running (lin­ of bag cloth in ounces per square yard 13.75 percent moisture content. ear) yard of bagging (plus or minus 2 will be determined by taking a cut con­ Warp rove size: a Ten warp ends spaced ounces) at 13.75 percent moisture con­ sisting of 1 square foot in area (without equally across the width of the sample tent (not moisture regain). Bagging stretch, wrinkles, seams, hems, or patches) from each piece of bagging in aNot applicable to jute bagging manu­ i The bagging must not contain any hard factured from used jute bags commonly re­ fibers, such as sisal. 8 Not applicable to new jute bagging. ferred to as "sugar cloth bagging."

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3233 will be removed, measured and cut to regulations of the Department of Housing with the agreement of the appropriate official iy2 yards each for a total of 15 yards. and Urban Development effectuating Title in your Department. The 15 yards of warp rove will be weighed VI of the Civil Bights Act of 1964, I hereby If you consent to this assignment, please assign to you the responsibilities listed below indicate your acceptance by signing in the in ounces and converted to pounds per of the Department of Housing and Urban space provided below. spyndle by multiplying the weight in Development with respect to hospitals and Sincerely yours, ounces by 60/ other health facilities:. Robert C. Weaver. Pounds per spyndle= weight in ounces X 60. 1. Compliance Reports, including the mail­ ing, receiving and evaluation thereof under Accepted: May 26,1966. Warp rove size will be calculated on the section 1.6(b) of the Department’s regula­ Wilbur J. Cohen, basis of 13.75 percent moisture content. tions; Acting Secretary of Health, Weft rove size:s Slightly more than 15 2. Other actions under section 1.6; Education, and Welfare. yards of unbroken weft rove will be re­ 3. All actions under section 1.7 including periodic compliance reviews, receiving of T he Secretary of Housing and Urban moved from the sample. Fifteen yards Development of weft rove will be obtained by winding complaints, investigations, determination of recipient’s apparent failure to comply, and Washington, D.C. 20410, on a measuring reel with the strands dis­ resolution of matters by informal means. May 25,1966. tributed so that there is no overlapping. The Department of Housing and Urban Hon. J ohn W. Gardner, The 15 yards of weft rove will be weighed Development specifically reserves to itself the Secretary of Health, Education, and Welfare, in ounces and converted to pounds per responsibilities for the effectuation of com­ Washington, D.C. 20201. spyndle by multiplying the weight in pliance under sections 1.8, 1.9, and 1.10 of Dear Mr. Secretary: Pursuant to the au. ounces by 60/ the Department’s regulations. thority of 24 CFR 1.12(c), I hereby assign to The responsibilities so designated to you Pounds per spyndle= weight in ounces X 60. you the responsibilities listed below of the are to be exercised in accordance with the Department of Housing and Urban Develop­ Weft rove size will be calculated on the Coordinated Enforcement Procedures for ment and of the responsible HUD official basis of 13.75 percent moisture content. Medical Facilities under Title VI of the Civil under Title VI and HUD’s regulations issued Rights Act of 1964 dated February 1966, de­ thereunder (24 CFRr"Part 1) with respect Signed at Washington, D.C., on Febru­ veloped by the interested governmental agen­ to elementary and secondary schools and ary 16,1967. cies and approved by the Department of school systems: H. D. Godfrey, Justice, and may be redelegated by you to 1. Soliciting, receiving, and determining Executive Vice President, other officials of your Department. The the adequacy of assurances of compliance, Commodity Credit Corporation. Department of Housing and Urban Develop­ voluntary desegregation plans, and final ment also retains the right to exercise these court orders under 24 CFR 1.5. [F.R. Doc. 67-2088; Filed, Feb. 23, 1967; responsibilities itself in special cases with 8:48 a.m.] 2. Mailing, receiving, and evaluating com­ the agreement of the appropriate official of pliance reports under 24 CFR 1.6(b). your Department. 3. All other actions related to securing If you consent to this assignment, please voluntary compliance, or related to investi­ DEPARTMENT OF HOUSING AND indicate your acceptance by signing in the gations, compliance reviews, complaints, space provided below. determinations of apparent failure to com­ Sincerely yours, ply, and resolutions of matters by informal URBAN DEVELOPMENT Robert C. Weaver. means. SECRETARY OF HEALTH, EDUCATION, Accepted: May 13,1966. The Department of Housing and Urban AND WELFARE Development specifically reserves to itself J ohn W. Gardner, the responsibilities for the effectuation of Assignment of Compliance Functions Secretary of Health, compliance under 24 CFR 1.8, 1.9, and 1.10. Education, and Welfare. The responsibilities so designated to you Under Title VI of Civil Rights Act are to be exercised in accordance with the of 1964 The Secretary of Housing and Urban Plan for Coordinated Enforcement Proce­ Development Notice is hereby given that the Secre­ dures for Elementary and Secondary Schools tary of Housing and Urban Development Washington, D.C. 20410, and school systems dated May 1966, de­ has assigned certain compliance func­ April 22,1966. veloped by the interested governmental Hon. J ohn W. Gardner, agencies and approved by the Department tions under Department regulations Secretary of Health, Education, and Welfare, of Justice, and may be redelegated by you (codified at 24 CFR, Part 1—Nondis­ Washington, D.C. 20201. to other officials of your Department. The crimination in Federally Assisted Pro­ Department of Housing and Urban Develop­ Dear Mr. Secretary: Pursuant td the au­ ment also retains the right to exercise these grams of the Department of Housing and thority contained in section 1.1 2 (c) of the Urban Development) to effectuate Title responsibilities itself in special cases with the regulations of the Department of Housing agreement of the appropriate official in your VI of the Civil Rights Act of 1964, 42 and Urban Development effectuating Title Department.. U.S.C. 2000d-l, to the Secretary of VI of the Civil Rights Act of 1964, I hereby If you consent to this assignment, please Health, Education, and Welfare, and the assign to you the responsibilities listed below indicate your acceptance by signing in the latter has accepted the assignment of of the Department of Housing and Urban space provided below. Development with respect to institutions of Sincerely yours, such functions. These assignments are higher education: R obert C. Weaver. contained in the two letters dated April 1. Compliance Reports, including the 22, 1966, and the letter dated May 25, mailing, receiving and evaluation thereof un­ Accepted: June 22,1966. 1966, to the Secretary of Health, Educa­ der section 1.6 (b) of the Department’s regu­ Wilbur J. Cohen, tion, and Welfare, copies of which are lations; Acting Secretary of Health, set forth below. 2. Other actions under section 1.6; Education, and Welfare. 3. All actions under section L.7 including R obert C. Weaver, periodic compliance reviews, receiving of [F.R. Doc. 67-2095; Filed, Feb. 23, 1967; Secretary of Housing and complaints, investigations, determination of 8:48 a.m.] Urban Development. recipient’s apparent failure to comply, and The Secretary of Housing and Urban resolution of matters by informal means. Development The Department of Housing and Urban Development specifically reserves to itself Washington, D.C. 20410, the responsibilities for the effectuation of ATOMIC ENERGY COMMISSION ■h™ , April 22, 1966. ■Hon. John W. Gardner, compliance under sections 1.8,1.9, and 1.10 of STATE OF LOUISIANA Secretary of Health, Education, and Welfar the Department’s regulations.' The responsibilities so designated to you Proposed Agreement for Assumption Washington, D.C. 20201. are to be exercised in accordance with the twit!! Mr‘ Secretary: Pursuant to the ai Plan for Coordinated Enforcement Proce­ of Certain AEC Regulatory Au­ nty contained in section 1.1 2 (c) of tfc dures for Higher Education dated February thority 1966, developed by the interested govern­ fachirlrta|>plicable Jute lagging mani mental agencies and approved by the Depart­ On July 12, 19, 26, and August 2, 1966, ferrpri ^ fr

No. 37—Pt. I- FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3234 NOTICES

of the Commission’s regulatory author­ Whereas, the Governor of the State of Art. V. The Commission will use its best ity, pursuant to section 274b. of the Louisiana certified on June 15, 1966, that the efforts to cooperate with the State and other State of Louisiana (hereinafter referred to agreement States in ' the formulation of Atomic Energy Act of 1954, as amended. as the State) has a program for the control standards and regulatory programs of the The proposed effective date included in of radiation hazards adequate to protect the State and the Commission for protection the proposed agreement was Septem­ public health and safety with respect to the against hazards of radiation and to assure ber 1, 1966. Because of continuing dis­ materials within the State covered by this that State and Commission programs for pro­ cussions with the State concerning the Agreement, and that the State desires to tection against hazards of radiation will be regulation of licensed activities in the assume regulatory responsibility for such coordinated and compatible. The State will areas offshore of the State in the Gulf of materials; and use its best efforts to cooperate with the Whereas, the Commission found o n _____ Commission and other agreement States in Mexico, the proposed agreement did not ______1967, that the program of the State the formulation of standards and regulatory become effective on September 1, 1966. for the regulation of the materials covered by programs of the State and the Commission It is now proposed that the agreement this Agreement is compatible with the Com­ for protection against hazards of radiation become effective on May 1, 1967, and it mission’s program for the regulation of such and to assure that the State’s program will is hereby republished. Also published materials and is adequate to protect the pub­ continue to be compatible with the program herewith are: (1) A proposed Memoran­ lic health and safety; and of the Commission for the regulation of like dum of Understanding between the State Whereas, the S.tate and the Commission materials. The State and the Commission of Louisiana and the Commission de­ recognize the desirability and importance of will use their best efforts to keep each other cooperation between the Commission and the informed of proposed changes in their re­ signed to facilitate the parties’ adminis­ State in the formulation of standards for spective rules and regulations and licensing, tration of the proposed section 274b. protection against hazards of radiation and inspection and enforcement policies and agreement, and (2) a proposed agree­ in assuring that State and Commission pro­ criteria, and to obtain the comments and ment between the State of Louisiana and grams for protection against hazards of ra­ assistance of the other party thereon. the AEC, to be entered into under sec­ diation will be coordinated and compatible; Art. VI. The Commission and the State tion 274i. of the Atomic Energy Act of and agree that it is desirable to provide for re­ 1954, as amended, under which the State Whereas, the Commission and the State ciprocal recognition of licenses for the mate­ recognize the desirability of reciprocal rec­ rials listed in Article I licensed by the other would be authorized to perform certain ognition of licenses and exemption from party or by any agreement State. Accord­ functions on behalf of the Commission. licensing of those materials subject to this ingly, the Commission and the State agree All interested persons desiring to sub­ Agreement; and to use their best efforts to develop appro­ mit comments and suggestions for con­ Whereas, this Agreement is entered into priate rules, regulations, and procedures by sideration by the Commission in connec­ pursuant to the provisions of the Atomic which such reciprocity will be accorded. tion with the proposed section 274b. Energy Act of 1954, as amended; Art. VII. The Commission, upon its own Now, therefore, it is hereby agreed between initiative after reasonable notice and oppor­ agreement, the proposed Memorandum the Commission and the Governor of the tunity for hearing to the State, or upon re­ of Understanding, or the proposed sec­ State, acting in behalf of the State, as fol­ quest of the Governor of the State, may tion 274i. agreement should send them lows : terminate or suspend this Agreement and in triplicate to the Secretary, U.S. Article I. Subject to the exceptions pro­ reassert the licensing and regulatory author­ Atomic Energy Commission, Washing­ vided in Articles II, III, and IV, the Commis­ ity vested in it under the Act if the Com­ ton, D.C. 20545, within 30 days after sion shall discontinue, as of the effective mission finds that such termination or sus­ date of this Agreement, the regulatory au­ pension is required to protect the public initial publication in the F ederal health and safety. R egister. thority of the Commission in the State under Chapters 6 , 7, and 8 , and section 161 of the Art. VIII. This Agreement shall become Exemptions from the Commission’s Act with respect to the following materials: effective on May 1, 1967, and shall remain regulatory authority which would im­ A. Byproduct materials; in effect unless, and until such time as it is plement the proposed section 274b. B. Source materials; and terminated pursuant to Article VII. agreement were published as part 150 C. Special nuclear materials in quantities P roposed M emorandum of U nderstanding of the Commission’s regulations in not sufficient to form a critical mass. B etw een t h e State of Louisiana and the F ederal R egister issuances of Febru­ Art. II. This Agreement does not provide U.S. Atom ic E nergy Com m issio n for discontinuance of any authority and the ary 14, 1962, 27 F.R. 1351; September 22, Commission shall retain authority and re­ The State of Louisiana ("State”) and the 1965, 30 F.R. 12069; and March 19, 1966, sponsibility with respect to regulation of : U.S. Atomic Energy Commission (“Commis­ 31 F.R. 4668. In reviewing this proposed A. The construction and operation of any sion”) have this date entered into an “Agree­ agreement, interested persons should production or utilization facility; ment between the United States Atomic En­ also consider the aforementioned ex­ B. The export from or import into the ergy Commission and the State of Louisiana emptions. United States of byproduct, source, or spe­ for Discontinuance of Certain Commission cial nuclear material, or of any production Regulatory Authority and Responsibility Dated at Washington, D.C., this 30th or utilization facility; within the State pursuant to section 274 of day of January 1967. the Atomic Energy Act of 1954, as Amended” C. The disposal into the ocean or sea of (“274b. Agreement”), the effective date of For the Atomic Energy Commission. byproduct, source, or special nuclear waste which is May 1,1967. materials as defined in regulations or orders W. B. McCool, An area of submerged land off the coast Secretary. of the Commission; of the State is currently in dispute between D. The disposal of such other byproduct, the State and the United States in a cause P roposed Agreement B etw een t h e U.S. source, or special nuclear material as the pending before the U.S. Supreme Court, Atomic Energy Com m issio n and t h e State Commission from time to time determines styled United States of America v. State of of Louisiana for Discontinuance of Cer­ by regulation or order should, because of the Louisiana et al, No. 9 Original (“pending liti­ tain Com m issio n R egulatory Authority hazards or potential hazards thereof, not gation”). and R esponsibility W it h in t h e State P ur­ be so disposed of without a license from This Memorandum of Understanding Be­ suant to Section 274 of t h e Atomic the Commission. tween the State and the Commission is made Energy Act of 1954, as Amended Art. III. Notwithstanding this Agree­ solely to facilitate the parties’ administration Whereas the U.S. Atomic Energy Commis­ ment, the Commission may from time to of the 274b. Agreement in view of, but with­ sion (hereinafter referred to as the Commis­ time by rule, regulation, or order, require out prejudice to, the pending litigation. sion) is authorized under section 274 of the that the manufacturer, processor, or pro­ It is hereby agreed between the Commis­ Atomic Energy Act of 1954, as amended ducer of any equipment, device, commodity, sion and the Governor of the State, acting (hereinafter referred to as the Act) to enter or other product containing source, by­ in behalf of the Stgte as follows : into agreements with the Governor of any product, or special nuclear material shall First: The State shall not license or regu­ State providing for discontinuance of the not transfer possession or control of such late, on its own behalf, those materials sub­ regulatory authority of the Commission product except pursuant to a license or an ject to the 274b. Agreement (“agreement area within the State under Chapters 6 , 7, and 8 exemption from licensing issued by the materials”) and located in the disputed and section 161 of the Act with respect to Commission. or seaward thereof which (a) are in the byproduct materials, source materials, and Art. IV. This Agreement shall not affect possession of noncitizens of the State or (b) special nuclear materials in quantities not the authority of the Commission under sub­ are on or in the seabed or structures affixe sufficient to form a critical mass; and section 161 b. or i. of the Act to issue rules, thereto. Whereas, the Governor of the State of regulations, or orders to protect the common Second: The Commission acknowledges its Louisiana is authorized under West’s LSA- defense and security, to protect restricted present practice of regarding possession an R.S. 51:1051 et seq., to enter into this Agree­ data or to guard against the loss or diver­ use of agreement materials on the high seas ment with the Commission; and sion of special nuclear material. by the citizens of littoral states which have

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3235 entered into agreements with the Commis­ concerned to advise the State of corrective March 10, 1967, at the County Court­ sion pursuant to section 274b. of the Atomic action taken or to be taken; house, Public Square, Darlington, S.C. Energy Act of 1954, as amended, as properly (c) with respect to emergency situations29532, to consider the matters provided subject to the regulatory authority assumed in which an immediate and serious hazard to by such states pursuant to such agreements : public health and safety, or property, exists, for consideration by § 2.752 of 10 CFR, Provided, however, That nothing herein shall take such temporary emergency measures as Part 2 and section n of Appendix “A” in any way be construed to affect or limit may be required to eliminate the hazard. to 10 CFR, Part 2 the right of the Commission to alter or amend Such functions as are performed by the The Director of Regulation proposes such practice at any time. Should the Com­ State pursuant hereto shall be performed to make affirmative findings on Item mission decide to eliminate or alter or amend without cost or expense to the Commission. Numbers 1-3 and a negative finding on such practice, it will consult with the State Item 4 specified below as the basis for before taking action to implement such de­ Second: The functions authorized to be cision offshore of the State. performed hereunder shall be subject to the the issuance of a provisional construction Third: Nothing herein nor in the 274b. Commission’s supervision and shall be per­ permit to the applicant substantially in formed by the State in accordance with such the form proposed in Appendix “A” Agreement nor any action or abstention taken standards, criteria, policies, and procedures pursuant to either document shall in any as may be specified by the Commission from hereto. manner affect, or be alleged to affect, the time to time. The State shall promptly 1. Whether in accordance with the pro­ position of either party in the pending liti­ notify the Commission of all activities per­ visions of 10 CFR § 50.35(a) gation. ;g (a) The applicant has described the Fourth; This Memorandum of Understand­ formed by the State hereunder. ing shall become effective on May 1,1967, and Third: In taking any actions authorized proposed design of the facility, including, shall remain in effect so long as the 274b. hereunder, the State shall not undertake to but not limited to, the principal archi­ Agreement remains in effect, but shall be sub­ amend or revoke Commission licenses, nor to tectural and engineering criteria for institute judicial action against Commission the design and has identified the major ject to modification from time to time by licensees. agreement of the parties and shall be sub­ Fourth: Nothing herein nor in the 274b. features or components incorporated ject to the outcome of the pending litigation. Agreement nor any action or abstention therein for the protection of the health Proposed Agreement Between the State of taken pursuant to either document shall in and safety of the public; Louisiana and the U.S. Atomic Energy any manner affect, or be alleged to affect, the (b) Such further technical or design Commission P ursuant to Section 274i. of position of either party in the pending information as may be required to com­ the Atomic Energy Act of 1954, as litigation. plete the safety analysis and which can Amended 7 Fifth: Nothing herein shall be deemed to reasonably be left for later consideration, preclude or affect in any manner the author­ The State of Louisiana (“State”) and the ity of the Commission to perform or to have will be supplied in the final safety analy­ Ü.S. Atomic Energy Commission (“Commis­ performed by others any or all of the func­ sis report; sion”) have this date entered into an tions described herein. Should the Com­ (c) Safety features or components, if "Agreement between the United States mission decide to have others perform such any, which require research and develop­ Atomic Energy Commission and the State of functions, it will use its best efforts to pro­ ment have been described by the appli­ Louisiana for Discontinuance of Certain vide the State with advance notice thereof. cant and the applicant has identified, Commission Regulatory Authority and Re­ Sixth: This Agreement shall become effec­ and there will be conducted, a research sponsibility within the State pursuant to tive on May 1, 1967, and shall remain in and development program reasonably section 274 of the Atomic Energy Act of 1954, effect so long as the 274b. Agreement remains as Amended” (“274b. Agreement”), the ef­ in effect unless sooner terminated by either designed to resolve any safety questions fective date of which is May 1, 1967. party on thirty days’ prior written notice. associated with such features or compo­ The State and the Commission have this nents; and date also entered into a “Memorandum [F.R. Doc. 67-1241; Filed, Feb. 2, 1967; (d) On the basis of the foregoing, of Understanding between the State of 8:46 a.m.] there is reasonable assurance that (i) Louisiana and the U.S. Atomic Energy Com­ such safety questions will be satisfac­ mission,” with the same effective date, m [Docket No. 50-261] torily resolved at or before the latest date order to facilitate the parties’ administra­ stated in the application for completion tion of the 274b. Agreement in view of, but CAROLINA POWER & LIGHT CO. without prejudice to, a cause pending before of construction of the proposed facility the U.S. Supreme Court, styled United States Notice of Hearing on Application for and (ii) taking into consideration the of America v. State of Louisiana et al., No. 9 site criteria contained in 10 CFR Part Original (“pending litigation”) concerning Provisional Construction Permit 100, the proposed facility can be con­ an area of submerged land off the coast of In the matter of Carolina Power & structed and operated at the proposed the State which is currently in dispute be­ Light Co. (H. B. Robinson Unit No. 2). location without undue risk to the health tween the State and the United States. and safety of the public; Under section 274i. of the Atomic Energy Pursuant to the Atomic Energy Act of Act of 1954, as amended, the Commission in 1954, as amended, and the regulations in 2. Whether the applicant is techni­ carrying out its licensing and regulatory Title 10, Code of Federal Regulations, cally qualified to design and construct responsibilities under the Act is authorized Part 50, “Licensing of Production and the proposed facility; to enter into agreements with any State to Utilization Facilities”, and Part 2, “Rules 3. Whether the applicant is financially perform inspections or other functions on of Practice”, notice is hereby given that qualified to design and construct the a cooperative basis as the Commission deems a hearing will be held at 10 a.m., local proposed facility; and appropriate. In view of the pending litiga­ time; on March 28, 1967, at the County 4. Whether the issuance of a permit tion, but without prejudice thereto, the Parties deem it appropriate that the State Courthouse, Public Square, Darlington, for the construction of the facility will be authorized to perform certain functions S.C., to consider the application filed un­ be inimical to the common defense and for and on behalf of the Commission. der section 104b. of the Act by Carolina security or to the health and safety of It is hereby agreed between the Commis­ Power & Light Co. for a provisional con­ the public. sion and the Governor of the State, acting in struction permit for a pressurized water In the event that this proceeding is not behalf of the State, as follows: reactor designed to operate at 2300 mega­ a contested proceeding, as defined by § 2.4 J ^ s t : The Commission hereby authorizes watts (thermal) to be located at its H. B. of the Commission's “Rules of Practice,” the State to perform, for and on behalf of the Commission, the following functions Robinson site, about 4.5 miles from 10 CFR, Part 2, the Board will, without with respect to byproduct materials, source Hartsville, S.C. conducting a de novo evaluation of the materials, and special nuclear materials in The hearing will be conducted by the application, consider the issues of quantities not sufficient to form a critical Atomic Safety and Licensing Board des­ whether the application and the rec­ mass in the possession of Commission licens­ ignated by the Atomic Energy Commis­ ord of the proceeding contain sufficient ees in and seaward of the area of submerged sion consisting of Mr. Warren E. Nyer, information, and the review by the Com­ « y j g i Is the subject of the pending Idaho Falls, Idaho, Dr. Lawrence R. mission’s regulatory staff has been ade­ quate, to support the findings proposed to (a) perform inspections to determine com- Quarles, Charlottesville, Va., and Valen­ P ance with the Commission’s rules and tine B. Deale, Esq., Chairman, Washing­ be made and the provisional construction ®f~ations and with the provisions of the ton, D.C. Dr. Stuart G. Forbes, Redondo permit proposed to be issued by the Di­ PP~cakie Commission licenses; Beach, Calif., has been designated as a rector of Regulation. ini * notify Commission licensees in writ- technically qualified alternate. In the event that this proceeding be­ bv °*, any items of noncompliance disclosed A prehearing conference will be held comes a contested proceeding, the Board y such inspections, and request the licensees by the Board at 9 a.m., local time, on will consider and initially decide, as the

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3236 NOTICES issues in this proceeding, Item Numbers 1 APPENDIX A No. 17164, File No. CATV 100-11; Santa through 4 above as the basis for deter­ Carolina P ower & Light Co. (H. B. Robin­ Fe Cablevision Co., Santa Fe, N. Mex., mining whether a provisional construc­ son Unit No. 2) File No. CATV 100-103; for authority tion permit should be issued to the ap­ DOCKET NO. 50-261 pursuant to § 74.1107 to serve and oper­ ate CATV systems in the Albuquerque plicant. As they become available, the P rovisional Construction P ermit application, the report of the Commis­ television market, ranked 100. sion’s Advisory Committee on Reactor Construction Permit N o.______1. The following are before us for con­ Safeguards (ACRS),, and the Safety 1. Pursuant to § 104b. of the Atomic En­ sideration; Analysis by the Comihission’s regulatory ergy Act of 1954, as amended (the Act), and (a) ATR requests authority to supply Title 10, Chapter 1, Code of Federal Regula­ to the Vumore Co.’s CATV system in staff will be placed in the Commission’s tions, Part 50, “Licensing of Production and Public Document Room, 1717 H Street Utilization Facilities,” and pursuant to the Albuquerque (the 100th television mar­ NW., Washington, D.C., where they will order of the Atomic Safety and Licensing ket) the four Los Angeles VHF commer­ be available for inspection by members Board, the Atomic Energy Commission (the cial independent television signals.1 of the public. Copies of the ACRS report Commission) hereby issues a provisional Additionally, Vumore would carry the and the regulatory staff’s Safety Analysis construction permit to Carolina Power & four local Albuquerque signals. may be obtained by request to the Direc­ Light Co. (the applicant) for a utilization fa­ (b) Santa Fe Cablevision proposes to tor of the Division of Reactor Licensing, cility (the facility) described in the applica­ operate a system in Santa Fe, also in the tion and amendments thereto filed in this Albuquerque market, carrying the four U.S. Atomic Energy Commission, Wash­ matter by the applicant and as more fully ington, D.C.20545. . described in the evidence received at the Albuquerque signals, the six distant in­ Petitions for leave to intervene, pur­ public hearing upon that application. The dependent commercial signals from Los suant to the provisions of § 2.714 of the facility, known as H. B. Robinson Unit No. Angeles, together with the independent Commission’s “Rules of Practice,” must 2, will be located at the applicant’s H. B. VHF commercial signal from Phoenix, Robinson site, Darlington County, about 4.5 Ariz. be received in the Office of the Secretary, miles from Hartsville, S.C. U.S. Atomic Energy Commission, Ger­ 2. This permit shall be deemed to contain ATR’s request (filed April 6,1966) is op­ mantown, Md., or the Commission’s Pub­ and be subject to the conditions specified in posed by the three commercial Albuquer­ lic Document Room, 1717 H Street NW., § § 50.54 and 50.55 of said regulations; is sub­ que stations; Santa Fe Cablevision’s Washington, D.C., not later than March ject to all applicable provisions of the Act, request (filed September 6, 1966) is op­ 10, 1967, or in the event of a postpone­ nnri rules, regulations, and orders of the posed by two of the Albuquerque stations ment of the specific hearing date, at such Commission now or hereafter in effect; and is (channels 4 and 13). time as the Board may specify. subject to the conditions specified or incor­ 2. The Albuquerque market has a net porated below: Any person who wishes to make an oral A. The earliest date for the completion of weekly circulation of 179,300 TV homes. or written statement setting forth his the facility is December 31, 1969, and the The city has assigned to it channels 4 position on the issues specified, but who latest date for completion of the facility is (NBC), *5 (Educ.), 7 (ABC) and 13 does not wish to file a petition to inter­ December 31, 1970. (CBS), all licensed and operating, plus vene, may request permission to make a B. The facility shall be constructed and channels 14, 23, and *32, for which no limited appearance pursuant to the pro­ located at the site as described in the appli­ applications are pending. visions of § 2.715 of the Commission’s cation, as amended, designated as the H. B. 3. Vumore (holder of a permit granted Robinson site, Darlington County, about 4.5 to it by the city on February 19, 1957) ,2 “Rules of Practice.” Limited appear­ miles from Hartsville, S.C. ances will be permitted at the time of C. This construction permit authorizes the proposes to operate in Albuquerque (pop­ the hearing in the discretion of the applicant to construct the facility described ulation 201,189), in Bernalillo County in the application and the hearing record in (population 262,199). The county con­ Board, within such limits and on such accordance with the principal architectural stitutes the Albuquerque standard metro­ conditions as may be fixed by the Board. and engineering criteria set forth therein. politan statistical area. In support of Persons desiring to make a limited ap­ 3. This permit is provisional to the extent its request, ATR relies on the general that a license authorizing operation of the contention that its system would provide pearance are requested to inform the facility will not be issued by the Commis­ Secretary, U.S. Atomic Energy Commis­ sion unless (a) the applicant submits to the Albuquerque subscribers vastly expanded sion, Washington, D.C. 20545, by March Commission, by amendment to the applica­ programing, and would at the same time tion, the complete final safety analysis re­ afford an immediate audience for any 10,1967. port, portions of which may be submitted new UHF stations. The supplying of Answers to this notice, pursuant to the and evaluated from time to time; (b) the the first independent programing to the provisions of § 2.705 of the Commission’s Commission finds that the final design pro­ city of Albuquerque is insufficient in this vides reasonable assurance that the health case to support the request for a waiver “Rules of Practice” must be filed by the and safety of the public will not be endan­ applicant on or before March 10,1967. gered by the operation of the facility in ac­ of the hearing requirements. The rea­ Papers required to be filed in this pro­ cordance with procedures approved by it in sons advanced do not clearly meet our connection with the issuance of said license; concern for the preservation of UHF po­ ceeding may be filed by mail or telegram and (c) the applicant submits proof of finan­ tential. The proposed CATV commu­ addressed to the Secretary, U.S. Atomic cial protection and the execution of an in­ nity is the central city in the market, Energy Commission, Washington, D.C. demnity agreement as required by § 170 of contains the great bulk of the TV homes the Act. within the Albuquerque census areas and 20545, or may be filed by delivery to the For the Atomic Energy Commission. Office of the Secretary, U.S. Atomic within the predicted Grade A contour Energy Commission, Germantown, Md., area of the market. TV homes in this [F.R. Doc. 67-2127; Filed, Feb. 23, 1967; area would provide the prime base of or the Commission’s Public Document 8:50 a.m.] support for new local UHF stations. Room, 1717 H Street NW., Washington, Hearing, thus seems necessary. D.C. 4. Santa Fe (population 34,676), in Pending further order of the Board, Santa Fe County (population 44,970), is parties are required to file, pursuant to FEDERAL COMMUNICATIONS approximately 55 miles from Albuquer­ que and beyond the market census areas. the provisions of § 2.708 of the Commis­ sion’s “Rules of Practice,” an original COMMISSION i The Los Angeles signals would be pro­ [Docket No. 17164; FCC 67-156] dded to Vumore by ATR’s microwave apph- and 20 conformed copies of each such :ation (3611-C1-P-66) now on file, but not paper with the Commission. AMERICAN TELEVISION RELAY, INC., ret processed. The application, when proc- Dated at Germantown, Md., this 20th AND SANTA FE CABLEVISION CO. ;ssed, will be consolidated with this pro- day of February 1967. seeding. Memorandum Opinion and Order * No position is taken at this time with re- ipect to the challenged Vumore franchise, United States Atomic Instituting Hearing Energy Commission, rhe question whether ATR has a valid cus­ W. B. M cCool, In re petitions by American Television tomer will be considered when action i Secretary. Relay, Inc., Albuquerque, N. Mex., Docket taken on the microwave application.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3237

Santa Fe Cablevision urges approval of [Docket No. 17164; FCC 67M-287] sel at the prehearing conference held this its proposal, pointing to the attraction date and there has been received no of improved and diversified television re­ AMERICAN TELEVISION RELAY, INC. communication from them, since with­ ception in the area. A waiver of hear­ Order Scheduling Hearing drawal of former counsel by his letter ing in the circumstances of this pro­ of February 13, 1967, to the Secretary posal would serve the public interest. In re petition by American Television of the Commission, that they intend to Santa Fe, 55 miles from Albuquerque Relay, Inc., Albuquerque, N. Mex., Docket further prosecute their applications. In and at the fringe of the market, is in a No. 17164, File No. CATV 100-11; for au­ effect, the scheduling of the further pre- comparatively sparsely populated neigh­ thority pursuant to § 74.1107 to serve and hearing conference for February 28, boring county. In view of the location operate CATV system in the 100th tele­ 1967, is designed to afford Cirilli and and size of the community, new UHF vision market: D.L.K. a reasonable and final opportun­ stations in Albuquerque would appear to It is ordered, This 6th day of Febru­ ity under the circumstances of the recent be minimally dependent upon Santa Fe ary 1967, that David I. Kraushaar shall withdrawal of their counsel to proceed for significant support. Nor does there serve as Presiding Officer in the above- with the prosecution of their applica­ appear to be substantial likelihood that entitled proceeding; that the hearings tions with requisite dispatch. there will be activation in the near future therein shall be convened on April 3, of the Santa Fe allocations for local pro­ 1967, at 10 a.m.; and that a prehearing Released: February 17, 1967. graming. Santa Fe has allocated four conference shall be held on March 6, Federal Communications channels—2, *9, 11, and 19. However, 1967, commencing at 9 a.m.: And it is Commission, the only channel in which any interest further ordered, That all proceedings [seal] Ben F. Waple, has been shown is channel 2, and when shall be held in the offices of the Com­ Secretary. mission, Washington, D.C. activated, this station proposes to dupli­ [F.R. Doc. 67-2098; Filed, Feb. 23, 1967; cate the CBS programing of the parent Released: February 17,1967. 8:49 a.m.] CBS station in Albuquerque. Accordingly, it is ordered, This 1st day F ederal Communications of February 1967, that the provisions of Commission, [Docket Nos. 16589,16848; FCC 67R-58] § 74.1107 of the rtiles are waived in order [seal] B en F. WAple, . to permit Santa Fe Cablevision’s CATV Secretary. COLUMBIA BROADCASTING SYSTEM, system to carry, as proposed, the distant [F.R. Doc. 67-2096; Filed, Feb. 23, 1967; INC. (WCAU), AND PLAINS BROAD­ signals from Los Angeles and Phoenix. 8:48 a.m.J CASTING CO., INC. (KGYN) It is further ordered, Pursuant to sec­ Memorandum Opinion and Order tions 4(i), 303, and 307(b) of the Com­ [Docket Nos. 16476-16478; FCC 67M-293] munications Act and § 74.1107 of the Enlarging Issues Commission’s rules, that with respect to ARTHUR A. CIRILLI ET AL. the petition filed by American Television In re applications of Columbia Broad­ Relay, Inc., hearing is ordered on the Memorandum of Ruling and casting System, Inc. (WCAU), Philadel­ following issues: Statement phia, Pa., Docket No. 16589, File No. 1. To determine the present and BP-15446; the Plains Broadcasting Co., In re applications of Arthur A. Cirilli, Inc. (KGYN), Guymon, Okla., Docket proposed penetration and extent of trustee in bankruptcy (WIGL), Superior, CATV service in the Albuquerque market. No. 16848, File No. BP-17192; for con­ Wis., Docket No. 16476, File No. BR-4080, struction permits. 2. To determine the effects of current BRRE-7740, for renewal of license of and proposed CATV service in the Albu­ Station WIGL; Quality Radio, Inc. 1. This proceeding originally involved querque market upon existing, proposed, (WAKX), Superior, Wis., Docket No. the application of Columbia Broadcast­ and potential television broadcast sta­ 16477, File No. BP-16497, for construc­ ing System, Inc. (CBS), to change the tions in the market. tion permit; Arthur A. Cirilli, trustee in radiation pattern of its Class I-A station, 3. To determine-Cl) the present policy bankruptcy (Assignor), and D.L.K. WCAU, at Philadelphia, Pa.; and three and proposed future plans of respondents Broadcasting Co., Inc. (Assignee), Su­ applications seeking Class n-A stations with respect to the furnishing of any perior, Wis., Docket No. 16478, File No. on 1210 kc/s at Hutchinson, Kans.; service other than the relay of the signals BAL=5627, BALRE-1336, for assignment Wichita, Kans.; and Guymon, Okla., re­ of broadcast stations; (2) the potential of license of Station WIGL. spectively. However, on February 6, for such services; and (3) the impact of 1967, the Review Board released a mem­ such services upon television broadcast In order to formalize and publicize a orandum opinion and order, FCC 67R-43, ruling which provides for a further pre- dismissing the applications for Hutchin­ stations in the market. hearing conference, which ruling was 4. To determine whether the CATV son and Wichita and retaining the ap­ made on the record at the prehearing plication of the Plains Broadcasting Co., proposals are consistent with the public conference held this date: It is ordered, interest. Inc. (KGYN), for a station at Guymon, This 17th day of February 1967, that a and CBS’s application, in hearing status. American Television Relay, Inc., Vumor further prehearing conference will be Presently before the Board is a motion Co., Hubbard Broadcasting, Inc., Ne1 held on February 28, 1967 at 10 a.m. in to modify and enlarge issues, filed by Mexico Broadcasting Co., Inc., an the offices of the Commission, Washing­ CBS on September 26, 1966, requesting WGAL Television, Inc., are parties t ton, D.C., to consider rescheduling of action pertaining to all of the other this proceeding and, to participate, mus procedural dates and also hear oral argu­ applications.1 However, these requests comply with the applicable provisions c ment by counsel on the amendatory peti­ are now moot, except as to KGYN.. §1.221 of the Commission’s rules. Th tion of D.L.K. Broadcasting Co., Inc., 2. In the designation order, FCC 66- burden of proof is upon petitioner. . filed bn August 24,1966. 782, released September 6,1966, the Com­ time and place for the hearing will b Applicants Arthur A. Cirilli, . trustee in mission concluded that an interference specified in another order. bankruptcy (WIGL) and D.L.k. Broad­ issue against KGYN was not warranted Released: February 17,1967. casting Co., Inc., are hereby forewarned but, in order to insure adequate protec­ that failure on their part to be repre­ F ederal Communications tion to WCAU, specified that in the event sented by counsel at, or otherwise par­ of a grant of KGYN’s application, the Commission,3 ticipate in, the further prehearing con­ [seal] Ben F. W aple, following condition would apply: A study, ference could result in a ruling by the based upon anticipated variations in Secretary. Hearing Examiner that these parties are [P R. Doc. 67-2097; Filed, Feb. 23, 1967; in default for failure to prosecute their 8:48 a.m.] applications and accordingly lead to »The following related pleadings are also before the Board: (a) Broadcast Bureau’s Concurring and dissenting statements of denial of their above-captioned appli­ opposition, filed on Oct. 19, 1966; (b) fita1?Unissix>n'ers Bartley and Johnson and cations. The Examiner takes this op­ reply to (a), filed on Oct. 24, 1966, by CBS; nf °* Commissioner Cox filed as part portunity to note also that neither of and (c) opposition, filed on Jan. 6 , 1967, by 01 original document. these parties was represented by coun­ KGYN.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3238 NOTICES phase and magnitude of current in the System, Inc., is granted; and that the 1. The Commission has before it for individual antenna towers, must be sub­ issues in this proceeding are enlarged by consideration the above-captioned peti-. mitted with the application for license to the addition of the following issue: To tions which request waiver of the hear­ indicate clearly that the inverse distance determine the allowable deviations in ing requirement of § 74.1107 of the rules field strength of one mile can be main­ phase and magnitude of current in the to permit the immediate importation of tained within the maximum operating individual antenna towers of the KGYN distant television signals to various values of radiation. proposal. Michigan communities by CATV systems CBS urges that this condition is in­ It is further ordered, That the condi­ in the Grand Rapids-Kalamazoo and/or sufficient to insure protection to WCAU, tion herein which is applicable to The the Lansing television markets. The and requests that the condition be modi­ Plains Broadcasting Co., Inc.’s applica­ Grand Rapids-Kalamazoo market is cur­ fied to permit the allowable deviations tion is modified to read as follows: Allow­ rently ranked as the 36 th television to be determined by record evidence in able deviations in phase and magnitude market based upon a total net weekly this proceeding and incorporated in the of current as determined by record evi­ circulation of 453,700 in the 1966 Amer­ instrument of authorization, and that a dence in this proceeding will be incor­ ican Research Bureau’s “Television Mar­ hearing issue under which such deter­ porated in the instrument of authoriza­ ket Analysis.” Grand Rapids is assigned mination can be made be added to this tion. Channels 8 (NBC), 13 (ABC), 17 (per­ proceeding. mittee proposes independent operation) 3. In support of its requests, CBS Released: February 17,1967. and *35 (idle). Kalamazoo, about 47 argues that because of the characteristics F ederal Communications miles south of Grand Rapids, is assigned of KGYN’s proposed antenna system and Commission,2 Channels 3 (CBS) and *52 (idle). Lo­ the critical protection requirements, [seal] B en F. W aple, cated within the predicted Grade A con­ more specific conditions should be elic­ Secretary. tour of the Grand Rapids ABC affiliate ited at the hearing; that in a compara­ [F.R. Doc. 67-2099; Filed, Feb. 23, 1967; is Muskegon, about 35 miles northwest ble case, Circle L, Inc., FCC 66-275, 3 8:49 a.m.] of Grand Rapids and 72 miles northwest FCC 2d 318, the Commission did specify of Kalamazoo, with Channel 54 (permit­ a condition and issue such as requested tee proposes independent operation) here; and that the KGYN proposal is [Docket Nos. 17200-17208; FCC 67-223] assigned to it. Located within the pre­ more restrictive in its design than those FETZER CABLE VISION ET AL. dicated Grade A contours of the CBS proposed in the Circle L case. .Engineer­ and NBC affiliates is Battle Creek, about ing statements designed to support these Memorandum Opinion and Order 52 miles southeast of Grand Rapids and arguments and comparing KGYN’s di­ Instituting Hearing 23 miles east of Kalamazoo, with Chan­ rectional antenna with those proposed in nel 41 (applicant proposes ABC affilia­ Circle L were submitted by CBS. In re petitions by Fetzer Cable Vision, tion) . Located on the periphery of the 4. In its opposition, KGYN contends Kalamazoo, Mich., Docket No. 17200, Grade A of the market are: Lansing, that adequate protection of WCAU is File No. CATV 100-12; Booth American about 60 miles southeast of Grand provided by the condition already spec­ Co., North Muskegon, Muskegon, Muske­ Rapids and 60 miles northeast of Kala­ ified by the Commission, and that Circle gon Township, Muskegon Heights, Nor­ mazoo; and Onondaga, about 67 miles L is inapposite here because in that case, ton Township, and Roosevelt Park, Mich., northwest of Grand Rapids and 55 miles the Commission reexamined the direc­ Docket No. 17201, File No. CATV 100-45; southwest of Kalamazoo. tional arrays involved in the context of Allegan Tele-Ception, Inc., Allegan, 2. The Lansing market is currently facts as to possible interference, whereas Mich., Docket No. 17202, File No. CATV ranked as the 48th television market no similar showing has been made here. 100-116; GT&E Communications, Inc., based upon a total net weekly circulation In an affidavit, KGYN’s engineer seeks to South Haven, Mich., File No. CATV 100- of 397,700. Lansing is assigned Channels show that the KGYN’ array, when built 144; for authority pursuant to § 74.1107 6 (CBS), 47, and 53 (both idle)1 and East and instrumented as proposed, can be of the rules to operate CATV systems in Lansing, contiguous thereto, is assigned adjusted so that initial radiation values the Grand Rapids-Kalamazoo market Channels 23 and * 69 (both idle). Parma will not exceed those designated as (ARB-36); and in re petitions by Jack- (Onondaga), the latter about 20 miles “maximum adjustment values” and that son TV Cable Co., Jackson and Blackman south of Lansing, is assigned Channel 10 the field ratio and phase variations can Township, Mich., Docket No. 17203, File (NBC and Educational on share-time be maintained within 1 percent and No. CATV 100-83; Cascade Cable Tele­ basis). Located within the predicted 0.5 degree; and that, under these condi­ vision Co., Jackson and Blackman Town­ Grade A contours of the Lansing sta­ tions, the radiated field will not exceed ship, Mich., File No. CATV 100-100; Cold- tions (Channels 6 and/or 10) are: Jack- the specified maximum expected op­ water Cablevision, Inc., Coldwater, Mich., son, about 37 miles southeast of Lansing, erating values incorporated in the KGYN Docket No. 17204, File No. CATV 100- with Channel 18 (permittee proposes amendment of June 29,1966. The Broad­ 111; Calhoun Telephone Cable Television ABC affiliation); and Battle Creek, about cast Bureau also opposes CBS’s requests. Co., Homer, Mich., Docket No. 17205, File 42 miles southwest of Lansing, with 5. The Board agrees with KGYN and No. CATV 100-126; Gross Telecasting, Channel 41 (applicant proposes ABC the Bureau that CBS did not make a Inc., Lansing, Mich., Docket No. 17206, affiliation). showing comparable to that made in Cir­ File No. CATV 100-131; Booth American 3. The market data included above cle L, Inc., supra. .However, we believe Co., Summit and Leoni Townships, Mich., indicate that Lansing, the 48th televi­ that where, as here, a valid dispute arises File No. CATV 100-147; for authority sion market, is located on the periphery in a hearing as to whether determina­ pursuant to § 74.1107 of the rules to op­ of the predicted Grade A of the Grand tions made unilaterally in a post-grant erate CATV systems in the Lansing tele­ Rapids-Kalamazoo market, ranked 36th, study can effectively protect an existing vision market (ARB-48); and in re peti­ that these two markets overlap and that station, it is desirable that all of the tions by Triad Cablevision, Inc., Albion, large areas received service from both parties have an opportunity to partici­ Marshall, Battle Creek, Battle Creek markets. As a reflection of the ba^ic pate in formulating those determina­ Township, Emmett Township, Bedford unity of these two markets, Fetzer Cable tions. This procedure would not only Township, Pennfield Township, and Vision’s proposal for Kalamazoo (CATV insure that the determinations are based Springfield, Mich., Docket No. 17207, File 100-12) indicates that the CATV system on a full explanation of all pertinent fac­ No, CATV 100-14; Wolverine Cable there will carry the off-the-air signals of tors, but might also avoid the possibility Vision, Inc., Albion, Marshall, Battle Lansing stations which provide a pre­ of future objections being raised by the Creek, Battle Creek Township, and dicted Grade B to that community. existing stations, causing further delay Springfield, Mich., Docket No. 17208, File No. CATV 100-49; for authority pursuant in the inauguration of the new service. 1 On Jan. 20, 1967, the Commission released Therefore CBS’s motion will be granted. to § 74.1107 of the rules to operateJDATV a notice of proposed rule making (FCC 67-8°) Accordingly, it is ordered, This 16th systems in the Grand Rapids-Kalamazoo in Docket No. 17109 which proposed an day of February 1967, that the motion to and Lansing television markets. amendment of the table of assignments modify and enlarge issues, filed Septem­ § 73.606(b) to delete Channel 47 from Lansing ber 26, 1966, by Columbia Broadcasting 2 Review Board Member Nelson dissenting. and to substitute Channel 36.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3239

Gross Telecasting’s proposal for Lansing tential harm to UHF development, the not provide predicted Grade B service to (CATV 100-131), on the other hand, accommodation of these waiver requests Kalamazoo (which, itself, has no com­ demonstrates that both the CBS and is, where possible, limited to the other mercial UHF allocation) and since BCU- NBC affiliates in the Grand Rapids-Kal- market’s signals and to Michigan signals TV, applicant for Channel 41 in Battle amazoo market provide a predicted generally and is, where appropriate, Creek, which does provide Kalamazoo Grade B to Lansing. The basically conditioned upon existing service and with Grade A service, proposes ABC and ,similar proposals of Triad Cablevision upon the future activation of UHF serv­ UBS network programing: It is ordered, (CATV 100-14) and of Wolverine Cable ice. In regard to the latter observation, That the provisions of § 74.1107 of the Vision (CATV 100-49) for Albion-Mar- we note the UHF activity in Grand rules are waived in order to permit Fet- shall-Battle Creek emphasize CATV ac­ Rapids, Muskegon, Battle Creek, and zer’s Kalamazoo CATV system to carry, tivity in communities which lie within Jackson where independent and network as proposed, the distant signals of the the predicted Grade A contours of sta­ programing is proposed on UHF chan­ Chicago and Detroit independent and tions in both markets. Since these mar­ nels allocated to these communities. educational stations. It is further kets do overlap to the extent that large While it is recognized that the carriage ordered, That the waiver to permit car­ areas receive service from both markets’ and nonduplication provisions of the riage of Channels *11 and *56 is condi­ stations and CATV systems located in rules would apply to protect the network tioned upon the horn's when educational the principal cities of the markets are programing of a UHF station, proposed Channel 10, Onondaga, is not operational required to carry the Grade B signals of carriage of certain distant signals is and will terminate upon activation of the other market, and since these signals denied where an independent UHF serv­ Channel *52, Kalamazoo; that, pursuant are available off-the-air in these com­ ice is expected to commence in the com­ to sections 4(i), 303, 307(b), and 309 of munities, all CATV systems in one mar­ munity of a CATV system. Appropriate the Communications Act and § 74.1107 ket which propose to import the distant conditions are employed to protect the of the Commission’s rules, Fetzer’s fur­ signals from the other market will be future activation of UHF educational ther request in regard to carriage of permitted to do so. For these very same service. Channel 9 from Windsor is denied; and, reasons, we have consolidated our con­ 6. As a general proposition, we would that hearing is ordered as to said request sideration of all CATV proposals which also permit CATV systems to import the upon issues to be designated subse­ involve either or both of the markets. distant signals of UHF stations where quently herein. 4. While we do recognize that, in foot­the rules require the carriage of compet­ (b) (1) Triad Cablevision, Inc. (CATV note 69 of the second report and order ing VHF stations from the same market. 100-14), proposes to operate in the fol­ in Docket Nos. 14895, 15233, and 15971 Application of this principle is consistent lowing communities in Calhoun County (2 PCX) 2d 725, 31 FJR. 4540), we ex­ with our recent rulings in Athens TV (population 138,858; 42,600 TV homes) pressed concern for the "unusual” situa­ Cable Co., Inc., 5 FCC 2d 577 and in which are not contained within any tion where two major markets fall within Greater Television, 5 FCC 2d 699. In re­ Michigan urbanized area or standard one another’s Grade B contour, here, gard to the remaining portions of the metropolitan statistical area: Albion there already are extensive common relief requested herein, including pro­ (population 12,749); Marshall (popula­ service areas and CATV systems in these posals to import certain distant signals tion 6,736); Battle Creek, including the areas are required to carry signals from from Milwaukee, Chicago, Windsor, etc., city of Battle Creek (population 44,169), stations in both markets, as their pend­ we are unable to find that such extension the townships of Battle Creek (popula­ ing proposals suggest. To deny car­ of signals Would be consistent with the tion 19,010), Emmett (population 9,087), riage of distant signals from one mar­ public interest, and, specifically, with the Bedford (population 10,486), and Penn- ket by CATV systems located in the establishment and maintenance of tele­ field (population, 6,626), and the city of other market just beyond the predicted vision service in the CATV communities Springfield (population 4,605) ;* Each Grade B of those signals would, in effect, involved. Therefore, such proposals community is within the predicted Grade penalize those communities with greater would be denied insofar as waiver of A contours of stations in both markets need for additional service. A strict ap­ § 74.1107 of the rules is concerned and and the following stations provide Grade plication of the considerations which these matters would be set for consoli­ B or better service thereto: Channels 8 prompted footnote 69 to this proceeding dated hearing. (NBC), Grand Rapids, 3 (CBS), Kala­ would result in precluding carriage of 7. The foregoing observations apply mazoo, 6 (CBS), Lansing, and 10 (NBC- one market’s signals by CATV systems generally to most of the CATV proposals educational), Onondaga. Triad would located in the common service areas. already captioned. Where special con­ import the distant signals of Channels 2 We view the disruption of established siderations arise in regard to any one (CBS), 4 (NBC), 7 (ABC), and 50 (in­ viewing habits which would result from proposal, however, they will be treated in dependent) from Detroit (Channels 2 the application of such a test to be un­ the summary and disposition of the and 4 to be replaced by Channels 9 and realistic in view of the fact that the waiver requests now before us as follows: 32, both independent stations, from Chi­ signals from both markets are generally (a) Fetzer Cable Vision (CATV 100-cago upon the availability of microwave receivable in most communities. Ad­ 12) proposes to operate in Kalamazoo service and Channel 7 to be replaced by ditionally, we note that Lansing is the (population 82,089), a principal city of Channel 41 from Battle Creek upon its State capital, that the two markets are the Kalamazoo urbanized area and of activation as an ABC outlet); Channel relatively close to one another and that the 36th television market, which re­ 12 (ABC) from Flint; and Channel 9 both markets are in the same State. ceives predicted Grade B or better service (CBC) from Windsor. BCU-TV, appli­ 5- As we recognized in the second re­ from the NBC affiliate in Grand Rapids, cant for Channel 41 in Battle Creek, sup­ port and order, CATV can contribute to the CBS affiliates in Kalamazoo and Lan­ ports Triad’s proposal while Gerity the public interest and the demand for sing and the share-time NBC-educa­ Broadcasting Co., licensee of WNEM-TV, television service: (1) In areas too small tional operation in Onondaga. Fetzer Channel 5 (NBC), Bay City, claims all in population or too remote in distance would import the distant signals of the stations in the Saginaw-Bay City-Flint to support a local station; and (2) by independent and educational stations market (ARB-45) should be carried and meeting the public’s demand for good from Chicago (Channels 9 and *11) and not just Channel 12, Flint. Channel 13 reception of multiple program choices, from Detroit (Channels 50 and *56) and (ABC), Grand Rapids, withdrew its op­ Particularly the three full network serv- of Channel 9 (CBC) from Windsor, On­ positions when Triad agreed to its car­ ices. See, also, Coldwater Cablevision, tario, Canada. In reply to an opposition riage. In light of Triad’s amendment c., 4 FCC 2d 351. In order to achieve filed by West Michigan TelecastersT'Inc., of its waiver request in regard to its ese goals, with little risk to the estab­ permittee of Channel 13 (ABC), Grand carriage of Channel 13 (ABC), Grand lishment and maintenance of UHF serv- Rapids, and of VHF translator (W12AI), Rapids, and in order to provide ABC and ta^We-approve importation of dis- Channel 12 in Kalamazoo (less than 100 watts), Fetzer states it will carry Chan­ t signals here to provide needed »These communities range from about 50 he work, independent and educational nel 13 on a parity with the other network affiliates. Since the proposed UHF in­ to 70 miles southeast of Grand Rapids; from television services to the various CATV about 20 to 45 miles east of Kalamazoo; and dependent operations on Channels 17 from about 35 to 45 miles southwest of communities. In order to minimize po­ in Grand Rapids and 54 in Muskegon do Lansing.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3240 NOTICES independent service to the communities ship (population 17,537); Muskegon hearing, Booth’s further requests for involved (of which only Battle Creek has Heights (population 19,552); Norton temporary authority are denied. See a commercial UHP allocation): It is or­ Township (population 17,816); and Appendix A for a fuller treatment of this dered, That the provisions of § 74.1107 Roosevelt Park (population 2,578). matter. of the rules are waived to permit Triad’s These communities or parts of them (d) (1) Jackson TV Cable Co. (CATV carriage of Channels 13, Grand Rapids, comprise the Muskegon-Muskegon 100-83) operates in Jackson (popula­ and 50, Detroit. It is further ordered, Heights urbanized area which is located tion 50,720), the county seat of Jackson Pursuant to the above-noted statutory about 35 miles northwest of Grand Rap­ County and the principal city of the and regulatory authority, that all other ids and 72 miles northwest of Kalama­ Jackson urbanized area, and in Black­ aspects of Triad’s proposal, including the zoo. In our decision (4 FCC 2d 509), re­ man Township (population 16,060), possibility of carriage of Chicago inde­ leased July 18, 1966, in Docket No. 16635, which lies within Jackson County con­ pendent stations, are denied; and, that we found that Booth’s CATV systems in tiguous to the city of Jackson on the hearing is ordered in regard thereto upon Muskegon and North Muskegon (the west, north, and east. Both communi­ issues to be designated subsequently other systems were not operational) ties are within the Lansing television herein. were within the Grade A of, Channel 13 market and lie about 37 miles southeast (b) (2) Wolverine Cable Vision, Inc.(ABC), Grand Rapids, and within the of Lansing. Based upon our cease and (CATV 100-49), proposes CATV service Grade B of Channels 8 (NBC), Gran4 desist order (4 FCC 2d 979) in Docket No. to essentially the same communities as Rapids, and 3 (CBS) | Kalamazoo, and 16711, both communities receive Grade Triad including: Albion, Marshall, Bat­ that the predicted Grade B of Channel 9 B or better service from Channels 2 tle Creek, Battle Creek Township, and (ABC, CBS), Cadillac, Mich., penetrated (CBS), 4 (NBC), and 7 (ABC), Detroit; Springfield. The Grade B or better sig­ a portion of each community which per­ Channel 6 (CBS), Lansing; Channel 10 nals received are the same as those in­ mitted its carriage. We, also, ordered (NBC-educational), Onondaga; Channel dicated in the Triad proposal; however, Booth to cease and desist from import­ 3 (CBS), Kalamazoo; and Channel 9 Wolverine, unlike Triad, proposes two ing distant signals from Milwaukee and (CBC), Windsor. Channel 8 (NBC), separate head-end sites, identified as the Chicago in violation of § 74.1107 of the Grand Rapids, provides Grade B service Battle Creek System and the Marshall- rules and, on Booth’s appeal to the U.S. to only Blackman Township and Chan­ Albion System, which would provide the Court of Appeals for the District of Co­ nel 11, Toledo, penetrates only the city of distant signals of the independent and lumbia Circuit in Case No. 20367, our or­ Jackson with its Grade B contour. Jack- educational stations from Chicago der was affirmed on January 26, 1967. son TV Cable proposes to import the dis­ (Channels 9 and *11) and from Detroit Booth’s pending waiver request involves tant signals of Channels 50 (independ­ (Channels 50 and *56), upon microwave the same distant signals which were the ent) and *56 (educational) from Detroit availability, and Channel 13 (ABC) from subject of the cease and desist proceed­ and Channels 11 (CBS) and 13 (ABC) Grand Rapids on the Battle Creek Sys­ ing; i.e., Channels 4 (NBC), 6 (ABC), *10 from Toledo. The Detroit stations sup­ tem and Channel 7 (ABC) from Detroit (educational), and 12 (CBS) from Mil­ port their proposed carriage while the on the Marshail-Albion System, both to waukee; Channel 5 (NBC) from Chicago; licensee of Channel 10 (NBC), Onondaga, be replaced by Channel 41 in Battle^ and Channel 9 (ABC, CBS) from Cadil­ opposes the waiver request and claims Creek (assuming ABC affiliation). In a lac. Included in the waiver request is a potential dilution of viewing audience. petition for immediate, temporary and plea for temporary authority to continue In a request for early partial considera­ limited relief, filed October 4, 1966, present service pending our disposition tion, filed November 7, 1966, Jackson TV Wolverine requests permission to carry of the merits of the waiver request. This Cable requests authority to carry the De­ Channel 13 from Grand Rapids to pro­ plea is renewed in a letter, dated January troit stations (Channels 50 and *56) and vide ABC service to Calhoun County but 31, 1967, from Booth’s counsel who notes notes its compliance with our cease and reserves the right to seek further relief that existing CATV operations in North desist order in Docket No. 16711 in re­ to substitute Channel 7 (ABC) from De­ Muskegon and Muskegon must be ter­ sponse to an opposition filed by Cascade troit on the Marshail-Albion System if minated with the final dissolution of an Cable Television Co., a competitor (see carriage of Channel 13 is not techni­ interlocutory stay order previously im­ CATV 100-100). In order to provide cally feasible. Channel 13 does not ob­ posed by the court. In an attachment independent and educational services to ject to the temporary relief requested. to the Booth waiver request, Muskegon communities whose only TV allocation In a letter of June 29, 1966, the city Telecasting Co., Inc., permittee of Chan­ (Channel 18) is proposed as an ABC m a n a g e r of Marshall states that Wol­ nel 54, Muskegon, supports the proposal. affiliate and to equalize the competitive verine’s request for franchise is not being Allendale Enterprises, Inc., permittee of position of the Detroit stations: It is considered. In order to provide ABC, Channel 17, Grand Rapids, whose pre­ ordered, That the provisions of § 74.1107 independent and educational services to dicted Grade A includes part of Muske­ are waived to permit Jackson TV Cable’s these communities in Calhoun County: gon, opposes the request and claims that carriage of Channels 50 and *56 from It is ordered, That the provisions of such CATV operation would result in the Detroit (the latter’s carriage conditioned § 74.1107 are waived to permit Wol­ fractionalization of the viewing audience upon the hours when educational Chan­ verine’s carriage of Channels 13 from in a major part of the market. Our ear­ nel 10, Onondaga, is not operational): Grand Rapids, 50 and *56 from Detroit lier finding in regard to Booth’s carriage It is further ordefed, That the remain­ and *11 from Chicago (with carriage of of Channel 9 from Cadillac in Muskegon ing requests for carriage of Toledo Chan­ Channels *56 and *11 conditioned upon and North Muskegon renders that por­ nels 11 (in Blackman Township only) the hours when educational Channel 10, tion of the waiver request moot and, ac­ and 13 (in both communities) are de­ Onondaga, is not operational): It is fur­ cordingly, it is dismissed. Since we are nied; and, that hearing is ordered in ther ordered, That the remaining aspects unable to find that the importation of regard thereto upon issues to be desig­ of Wolverine’s proposal are denied; and, distant signals from Cadillac (on Booth’s nated subsequently herein.8 that hearing is ordered in regard thereto other CATV systems), Milwaukee and (d) (2) Cascade Cable Television Co. upon issues to be designated subsequently Chicago (mainly network services) is (CATV 100-100), also, would operate m herein.4 consistent with the maintenance of in­ Jackson and Blackman Township. On- (c) Booth American Co. (CATV) 100-dependent UHF services in the area, and the-air service available to these com­ 45) would operate in the following com­ in view of our stated policy in Buckeye munities is similar to that already noted munities in Muskegon County (popula­ Cablevision, Inc., 3. FCC 2d 898, released for Jackson TV Cable’s proposal (CATV tion 149,943; 44,100 TV homes): North May 27, 1966: It is ordered, That the re­ 100-83). Cascade, however, only requests Muskegon (population 3,855); Muskegon maining portions of Booth’s waiver re­ permission to carry the Detroit UHF sta­ (population 46,485); Muskegon Town- quest are denied; and, that hearing is or­ tions, Channels 50 and *56. Channel iu dered in regard thereto upon issues to be * Since Wolverine has not demonstrated designated subsequently herein. In view 5 By earlier order (5 FCC 2d 744), t the availability of a franchise from the city of the court’s decision affirming our prior Commission waived § 74.1107 of the rules of Marshall, Commission action here is not permit carriage of Channel 8 (NBC) fro to be construed as permitting operation cease and desist order and our action Grand Rapids on petitioner’s CATV system without city approval. designating Booth’s waiver request for the city of Jackson.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3241

(NBC), Onondaga, opposes the request daga. In view of the anticipated activa­ Rapids; and Channel 25 (CBS) from again claiming potential dilution of audi­ tion of UHF Channel 17 in Grand Rapids Saginaw. Gross claims that all of the ence., Petitioner, in support of its re­ as an independent service whose pre­ distant signals proposed for carriage on quest, notes that the permittee of chan­ dicted Grade B includes Allegan; It is its system are competitively disadvan­ nel 18 in Jackson, which, also, owns an further ordered, That the remaining re­ taged and should be carried to equalize interest in Jackson TV Cable Co. has quest to carry the distant signal of a the situations in their markets. Class­ not opposed that CATV system’s request Chicago independent station is denied; room 10 Television Council, an organiza­ to carry Channel 50 from Detroit. Con­ and, that hearing is ordered in regard tion of public and parochial school dis­ sistent with our disposition of CATV thereto upon issues to be designated sub­ tricts using Channel 10 (educational), 100-83: It is ordered, That the provisions sequently herein.* Onondaga, opposes the plan to import of § 74.1107 are waived to permit Cas­ (g) Calhoun Telephone Cable Tele­ Channel *56 (educational) from Detroit cade’s carriage of Channels 50 and *56 vision Co. (CATV 100-126) would operate and the manager of Channel 10 (educa­ from Detroit (the latter’s carriage con­ in Homer (population 1,629), about 41 tional), Onondaga, offers considerations ditioned upon the horns when educa­ miles southwest of Lansing, 43 miles concerning the same proposal generally tional Channel 10, Onondaga, is not op­ southeast of Kalamazoo and 22 miles in opposition thereto. The licensee of erational. It is further ordered, That, southwest of Jackson. Homer is located Channel 10 (NBC), Onondaga, opposes consistent with our prior ruling in Docket in the southeastern portion of Calhoun the waiver request because of the claimed No. 16711 (5 FCC 2d 744), the provisions County (population 138,858) and is not dilution of the market. The licensee of of §74.1107 are waived to permit car­ contained within any urbanized area or Channel 12 (ABC), Flint, opposes the riage of Channel 8 (NBC) from Grand standard metropolitan statistical area. proposal to import Channels 7 and 50 Rapids on Cascade’s CATV system in the Off-the-air signals (at least Grade B) from Detroit and Channel 13 from Grand city of Jackson.* received in Homer include Channels 10 Rapids without an evidentiary hearing (e) Coldwater Cablevision Inc. (CATV (NBC-educational), Onondaga, 6 (CBS), and, also, pursuant to § 74.1109, requests 100-111) seeks authority to import the Lansing, 3 (CBS), Kalamazoo, and 8 the Commission to prohibit Gross from following additional distant signals into (NBC), Grand Rapids. Calhoun would carrying the Grade B signals of Channels Coldwater (population 8,880): Channel import the distant signals of Channels 7 2 and 4, Detroit, 9; Windsor, 8, Grand *56 (educational), Detroit; Channels 15 (ABC) and 50 (independent) from De­ Rapids, and 3, Kalamazoo. The licensee (CBS) and 33 (NBC), Fort Wayne, Ind.; troit; Channel 13 (ABC) from Toledo; of Channel 12, Flint, however, does agree and Channel 28 (ABC), South.Bend, Channel 9 (CBC) from Windsor; and that Lansing should receive unavailable Ind. By our order (4 FCC 2d 351), re­ MPATI educational television (KS2XGD network and additional nonnetwork serv­ leased July 1, 1966, we granted petition­ and KS2XGA), Lafayette, Ind. In order ices. Fetzer Cable Vision (CATV 100- er’s earlier waiver request (CATV 100- to provide ABC, independent and educa­ 12) opposes the suggestions of Channel 17) to carry, in addition to Channels 10 tional programing to a relatively small 12, Flint and Gross, in reply, asks that (NBC-educational), Onondaga, 3 (CBS), community in the Lansing market: It is the § 74.1109 request be summarily re­ Kalamazoo, 8 (NBC), Grand Rapids, and ordered, That the provisions of § 74.1107 jected. The § 74.1109 request will be 6 (CBS), Lansing, the following distant are waived to permit Calhoun’s carriage considered here in connection with the signals: Channels 7 (ABC) and 50 (inde­ of Channels 7 and 50 from Detroit and of Gross waiver petition and, accordingly: pendent) from Detroit; Channels 13 MPATI educational television (when It is ordered, That the request of Chan­ (ABC) and 24 (Independent) from Tole­ available) .7 It is further ordered, That nel 12, Flint, pursuant to § 74.1109 of the do; Channel 21 (ABC) from Fort Wayne; the remaining requests to carry the To­ rules, is granted in part to prohibit Gross Channel 22 (CBS) from South Bend; ledo and Windsor stations are denied; from carrying the Grade B signals of and Channel 9 (CBC) from Windsor. and, that hearing is ordered in regard Channels 2 (CBS) and 4 (NBC), Detroit, In order to provide a full-time educa­ thereto upon issues to be designated sub­ and of Channel 9 (CBC), Windsor, on its tional service to the community: It is or­ sequently herein. CATV system in Lansing pending final dered, That the provisions of § 74.1107 (h) Gross Telecasting, Inc. (CATV disposition of the consolidated hearing are waived to permit Coldwater’s car­ 100-131) proposes to operate in Lansing ordered herein; and, that hearing is or­ riage of Channel *56 from Detroit, con­ (population 107,807; 30,802 TV homes), dered upon an issue to be designated sub­ ditioned upon the hours when educa­ the State capital and the principal city sequently herein to determine whether tional Channel 10, Onondaga, is not op­ of the Lansing Urbanized Area. The carriage of such signals by Gross on its erational. It is further ordered, That Lansing television market, ranked 48th, CATV system in Lansing is consistent the remaining requests for additional has a total net weekly circulation of 397,- with the public interest; and, that, in all network services from out-of-State are 700. Lansing receives Grade B or better other respects, the request is denied. denied; and, that hearing is ordered in service from the following stations: It is further ordered, That the provisions regard thereto upon issues to be desig­ Channels 6 (CBS), Lansing, 10 (NBC- of § 74.1107 are waived to permit Gross to nated subsequently herein. educational), Onondaga, 12 (ABC), carry the distant signals of Channel 13, (f) Allegan Tele-Ception, Inc. (CATV Flint, 2 (CBS) and 4 (NBC), Detroit,8 9 Grand Rapids; Channel 25, Saginaw and 100-116) would operate in Allegan (pop­ (CBC), Windsor, 3 (CBS), Kalamazoo, 8 Channel *56, Detroit (the latter’s car­ ulation 4,822), about 32 miles southwest (NBC), Grand Rapids, and 5 (NBC), Bay riage conditioned upon the nonopera- of Grand Rapids and 21 miles northwest City. Gross would import the distant tional hours of Channel 10 (education­ of Kalamazoo. Allegan receives Grade B signals of Channels 7 (ABC) ,* 50 (inde­ al) , Onondaga, and the waiver in regard or better service from Channels 8 (NBC) pendent) and *56 (educational) from thereto to terminate upon activation of and 13 (ABC), Grand Rapids; and Detroit; Channel 13 (ABC) from Grand Channel *69, East Lansing); and, that Channel 3 (CBS), Kalamazoo and peti­ the remaining requests to carry the dis­ tioner proposes to import the distant tant signals of Channels 7 and 50 from 7 In the event Channel 18 at Jackson is Detroit are denied; and, that hearing is signals of Channels 6 (CBS), Lansing; activated as an ABC affiliate, as proposed, and 10 (NBC-educational), Onondaga; and encompasses Homer with a Grade B signal, ordered in regard thereto upon issues to 9 (independent), Chicago. In order to then Channel 18 would derive carriage and be designated subsequently herein. Our provide the network and educational nonduplication protection against the distant waiver of § 74.1107 to permit Gross to services of the Lansing market to this Detroit ABC affiliate. carry certain distant signals is predicated relatively small community: It is or­ «Gross alleges Channel 4’s Grade B pene­ upon the following: (1) Channel 13 dered, That the provisions of § 74.1107 trates Lansing; however, it appears from the (ABC), Grand Rapids, pursuant to our are waived to permit Allegan’s carriage Commission’s files that the predicted Grade general introductory comments above; B either falls tangent to or just intersects (2) Channel 25 (CBS), to enable of Channels 6, Lansing, and 10, Onon- the city limits. Channel 2’s Grade B con­ tour is similarly located. carriage of a UHF competitor in an ‘ Since Cascade has not requested waiver »Gross alleges that Channel—17’s Grade B otherwise VHP market (Saginaw-Bay ^ reSard to the carriage of Channel 11 contour penetrates the Lansing urbanized City-Flint); and (3) Channel *56 (edu­ (CBS), Toledo, on petitioner’s CATV system area and falls less than 1 mile short of the m Blackman Township, as did Jackson TV East Lansing city limits. No engineering cational), Detroit, to provide additional cable, that matter Is not now before us. exhibit is offered to support its allegation. educational service on a conditional and

FEDERAL REGISTER, VOL. 32, NO. 37—¡FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. I----5 3242 NOTICES temporary basis. The exclusion of the Channel 3 (CBS), Kalamazoo; and and place for the hearing will be specified Detroit commercial stations (including Channel 11 (CBS), Toledo. Booth would in another order. Windsor) from the Lansing CATV sys­ import the distant signals of Channels tem is predicated upon the following: 50 (independent) and *56 (educational) Released: February 17, 1967. (1) The Detroit commercial stations from Detroit and Channel 8 (NBC) from F ederal Communications either do not provide predicted Grade B Grand Rapids. In order to provide ad­ Commission,10 service to the city of Lansing (Channels ditional services, especially the inde­ [seal] B en F. Waple, 7 and 50) or their Grade B contours fall pendent and educational services pro­ Secretary. tangent to or just intersect the city posed, and consistent with our approach Appendix A limits (Channels 2 and 4); in CATV 100-83 and CATV 100-100: It (2) Gross, in an appendix to its waiver is ordered, That the provisions of APPENDIX ON THE MUSKEGON AREA petition, concedes that programs aired § 74.1107 are waived to permit Booth to The Booth American request for a waiver on Detroit and Windsor channels are carry the distant signals of Channels in North Muskegon and Muskegon warrants not seen in Lansing, about 75 miles away; 50 and *56 from Detroit and Channel 8 particular consideration in view of the dis­ and from Grand Rapids on its CATV systems sent and the history of that aspect of the (3) Three commercial UHF channels various matters now before us. To re­ in Summit and Leoni Townships. Car­ capitulate, there are four “local” signals, are presently allocated to Lansing and riage of Channel *56 is limited to those from Grand Rapids, Kalamazoo, and Cadillac, East Lansing. hours when Channel 10 (educational), all in the State of Michigan, which reach the Our disposition of these requests en­ Onondaga, is not operational. Muskegon communities with a Grade B sig­ ables the Lansing CATV system to pro­ It is further ordered, This 15th day of nal and which Booth American may freely vide 3 CBS services; 3 NBC services; 2 February 1967, pursuant to sections 4(i), distribute under the rules. There are five ABC services; and 2 educational serv­ 303, 307 (b), and 309 of the Communica­ “distant” signals, one from Chicago and four from Milwaukee, which Booth American has ices (combined as one full-time service). tions Act and §§74.1107 and 74.1109 of also distributed in Muskegon and North (i) GT&E Communications Inc. (CATV the Commission’s rules, that, with respect Muskegon, in conceded violation of the rules. 100-144) would operate in South Haven to our denials of certain portions of the Booth American is under an order to cease (population 6,149), about 50 miles south­ waiver requests and to our partial grant and desist from distributing these five dis­ west of Grand Rapids and 30 miles west of a § 74.1109 request already ordered tant signals, and that order has been affirmed of Kalamazoo. The city of South Haven above, hearing is ordered as to said mat­ by the U.S. Court of Appeals for the District is located in the northwest corner of Van ters on the following issues: of Columbia Circuit. Booth American Co. 1. To determine the present and pro­ v. Federal Communications Commission, Buren County (population 48,395) and Case No. 20,367, decided January 26, 1967, is not within any urbanized area or posed penetration and extent of CATV rehearing denied February 15, 1967 (petition standard metropolitan statistical area. service in the Grand Rapids-Kalamazoo for rehearing en banc pending). Television service available to South and Lansing markets. We have carefully considered whether we Haven includes Channels 8 (NBC), 2. To determine the effects of current should exercise our discretion to waive Grand Rapids (periphery of Grade A), and proposed CATV service in the Grand § 74.1107(a) in order to permit Booth Ameri­ 3 (CBS), Kalamazoo (Grade B), and Rapids-Kalamazoo and Lansing markets can to bring the five distant signals into upon existing, proposed and potential the Muskegon area without the full evi­ 22 (CBS), South Bend (Grade B ). dentiary hearing into the economic impact GT&E would import the distant signals television broadcast stations in the markets. of such action which the rule requires. We of Channels 16 (NBC) and 28 (ABC) are not persuaded that we should do so, for from South Bend; Channel 13 (ABC) 3. To determine the effects of the pro­ we are not persuaded that the distribution from Grand Rapids; and Channels 9 posed carriage by Gross Telecasting, Inc., of these signals will not adversely affect the and 32 (both independent) from Chi­ of the predicted Grade B signals of cer­ amount of “free” television available, and cago. It should be noted that South tain Detroit and Windsor television to be available, to all of the public in the Bend is an all-UHF market and is about broadcast stations on its CATV system area and in the greater Grand Rapids—Kala­ 52 miles south of South Haven and that in Lansing upon existing, proposed and mazoo market—in particular the service of potential television broadcast stations in the new UHF stations (roposing primarily there is a similar absence of independent nonnetwork programing) being constructed service from available UHF operations the Lansing market. in Grand Rapids and Muskegon itself. We in South Haven as exists in Kalamazoo 4. To determine (1) the present policy recognize that the Muskegon permittee has (see CATV 100-12). Therefore, in order, and proposed future plans of petitioners written a letter stating that he does not ob­ to equalize the market conditions in with respect to the furnishing of any ject to the CATV operation and believes Grand Rapids and South Bend and to service other than the relay of the signals carriage on it may help his station. But provide additional services to this rela­ of broadcast stations; (2) the potential our rules provide for such carriage in any for such services; and (3) the impact of event, and we do not wish to rim the risk tively small and removed community: that some initial benefit to that operation It is ordered, That the provisions of such services upon television broadcast may turn into the very long-run detriment § 74.1107 are waived to permit GT&E’s stations in the markets. that the rules are designed to avoid. (As carriage of distant signals from Grand 5. To determine whether the applica­ more all-channel sets are sold, the benefit to Rapids (Channel 13), South Bend tions and proposals are consistent with a UHF station of carriage on a CATV system the public interest. will diminish.) The Grand Rapids UHF (Channels 16 and 28) and Chicago permittee has opposed the CATV system (Channels 9 and 32) on its CATV sys­ Fetzer Cable Vision, Fetzer Broadcasting fearing fragmentation of its audience. tem in South Haven. Co., West Michigan Telecasters, Inc., It is crucial to our consideration of this (j) Booth American Co. (CATV 100- Triad Cablevision, Inc., Wolverine Cable and other waiver requests to note clearly the 147) proposes to operate in Summit Vision, Inc., Booth American Co., Allen­ nature of the rule sought to be waived. Township (population 18,101) and Leoni dale Enterprises, Inc., Jackson TV Cable Section 74.1107(a) is not a rule of substan­ Township (population 11,430), both of Co., Television Corp. of Michigan, Inc., tive prohibition; it merely requires a hear­ which are located in Jackson County ing to determine the impact of the distribu­ Coldwater Cablevision, Inc., Allegan tion of distant signals by CATV prior to (population 131,994) and portions of Tele-Ception, Inc., Calhoun Telephone approval of such distribution. And we have which form the Jackson urbanized area Cable Television Co., Gross Telecasting, made amply clear in the second report along with the city of Jackson and Inc., Classroom 10 Television Council, adopting the rules the possible public injury Blackman Township. A single head-end Michigan State University, and WJRT, in terms of loss of “free” service if CATV site in the north central portion of Sum­ Inc., are made parties to this proceeding develops prior to determination of its impact. mit Township serves both communities. and, to participate, must comply with the Off-the-air signals received (Grade B applicable provisions of § 1.221 of the 10 Concurring and dissenting statements of or better) in these communities include Commission’s rules. The burden of proof Commissioners Bartley and Loevinger and Channel 6 (CBS), Lansing; Channel 10 with respect to Issues 1,2,4, and 5 is upon statement of Commissioner Cox filed as part (NBC-educational), Onondaga; Chan­ the petitioning CATV systems and with of original document; Commissioner Wads­ nels 2 (CBS), 4 (NBC) and 7 (ABC), respect to Issue 3 is upon WJRT, Inc., worth absent; Commissioner Johnson not Detroit; Channel 9 (CBC), Windsor; licensee of Channel 12, Flint. A time participating.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3243

In the light of these considerations, we owner and operator of a community an­ or (b) the earlier effective cutoff date believe it essential to proceed with a hearing tenna television system at Placerville, which a listed application or by any in area and not to waive the hearing Calif.; Docket No. 17171: other conflicting application may have requirement. To the extent that the four by virtue of conflicts necessitating a “local” signals are unsatisfactory (weak) in It is ordered, This 13th day of Febru­ the Muskegon area, and enough people are ary 1967, that Isadore A. Honig shall hearing with applications appearing on willing to pay to receive them to support the serve as Presiding Officer in the above- previous lists. CATV system, we interpose no obstacle. The entitled proceeding; that the hearings The attention of any party in interest distant signals are in a different category. therein shall be convened on April 18, desiring to file pleadings concerning any We recognize fully that there are also many 1967, at 10 a.m.; and that a prehearing pending standard broadcast application people who are willing and able to pay to conference shall be held on March 24, receive these additional- distant signals. But 1967, commencing at 9 a.m.: And, it is pursuant to section 309(d) (1) of the we must first determine—and no facts are Communications Act of 1934, as amend­ before us to indicate that this can be done further ordered, That all proceedings without a full hearing1—the effect on all the shall be held in the offices of the Com­ ed, is directed to § 1.580 (i) of the Com­ people which may result from special service mission, Washington, D.C. mission’s rules for provisions governing for a part of the population.2 That is the Released: February 17, 1967. the time of filing and other jrequirements heart of the matter. relating to such pleadings. We note, finally, that we are refusing to F ederal Communications permit Booth American to continue to violate Commission, Adopted : February 15,1967. the rule pending the required hearing. [seal] B en F. Waple, F ederal Communications Little more need be said on this aspect of Secretary. the matter. At the time of the issuance of Commission, the cease and desist order, we made clear [F.R. Doc. 67-2102; Filed, Feb. 23, 1967; [seal] B en F. Waple, that any temporary operation in violation 8:49 a.m.] Secretary. of the rule, even pending a ruling on the waiver request, could not be permitted, tak­ Applications from the top of the processing ing full account of Booth American’s con­ [Docket No. 17050; FCC 67M-285] line tentions with respect to an allegedly unique situation, claimed special equities, and its WESTERN NORTH CAROLINA BP-11373 KTAC, Tacoma, Wash. insist.ence that it was arbitrary to require BROADCASTERS, INC. Radio 850 Corp. it to comply with the rule pending a deci­ Has: 850 kc, 1 kw, DA-N, U. sion on the waiver petition. We found that Order Continuing Hearing Req: 850 kc, 1 kw, 10 kw-LS, DA- it commenced its illegal operation without 2, U. such justification as would warrant us in In re application of Western North BP-12137 New, Bellaire, Tex. permitting it to continue until we could Carolina Broadcasters, Inc., Docket No. J. T. Shriner. consider the waiver petition. That deter­ 17050, File No. BR^2977; for renewal of Req: 1170 kc, 250 w, D. mination, as noted above, has been judicially license of Station WWIT, Canton, N.C. BP-16887 WKKO, Cocoa, Fla. sustained. Now that the waiver request has WKKO Radio, Inc. been fully considered and is being denied, A prehearing conference having been Has: 860 kc. 1 kw, D. there is a fortiori no justification for per­ held on February 17, 1967, whereat cer­ Req: 860 kc, 1 kw, DA-N, U. mitting operation in violation of the rule. tain procedures were established : BP-16903 WKEN, Dover, Del. Certainly the fact that Booth American It is ordered, This 17th day of Feb­ Capitol Broadcasting Corp. commenced the operation illegally is not a ruary 1967, that hearing herein for the Has: 1600 kc, 500 w, D. ground for continuing it. We decline to limited purpose stated on the record of Req: 1600 kc, 1 kw, 500 w-LS, DA- exercise our discretion to do so. N, U. the said conference shall commence on BP-17021 New, Lexington, N.C. [F.R. Doc. 67-2100; Piled, Feb. 23, 1967; April 24, 1967; and that further hearing Harry D. Stephenson and Robert 8:49 ajn.] for the purpose of adducing the oral E. Stephenson. testimony of witness shall commence on Req: 1140 kc, 1 kw, DA, D. [Docket No. 17171; FCC 67M-288] May 31, 1967, both at 10 a.m. in the offi­ BP-17126 KESM, El Dorado Springs, Mo. Paul Vaughn. VALLEY-VISION, INC. ces of the Commission at Washington, D.C. Has: 1580 kc, 250 w, D. Order Scheduling Hearing Req: 1580 kc, 500 w, D. Released: February 17,1967. BP-17159 New, Lenoir, N.C. In the matter of cease and desist order Robert L. Baker, Jr. to be directed against Valley-Vision, Inc., F ederal Communications Req: 1080 kc, 1 kw, D. Commission, BP-17280 New, Alexander City, Ala. [seal] B en F. Waple, Martin Lake Broadcasting Co. ‘ We note that while the Examiner ad­ Req: 1590 kc, 1 kw, D. mitted certain evidence in the cease and Secretary. BP-17285 New, Del Rio, Tex. desist order hearing which we found not to [F.R. Doc. 67-2103; Plied, Feb. 23, 196V; Amistad Broadcasting Co. be pertinent to that proceeding, this did not 8:49 a.m.] Req: 1490 kc, 250 w, U. include evidence on the impact of the dis­ BP-17286 New, De Soto, Mo. tribution by CATV of distant signals upon Desoto Broadcasting Co., Inc. the local existing or proposed television STANDARD BROADCAST APPLICA­ Req: 1190 kc, 1 kw, DA, D. stations in the greater Grand Rapids-Kala-! BP-17288 KNX, Los Angeles, Calif. mazoo market (including Muskegon). Bopth TIONS READY AND AVAILABLE FOR Columbia Broadcasting System, American’s testimony was that it had made PROCESSING Inc. no such studies, but had limited itself to the F ebruary 21,1967. Has: 1070 kc, 50 kw, U. question of inadequate strength of the Req: 1070 kc, 50 kw, DA-D, U. ‘‘local” stations’ signals. As pointed out in Notice is hereby given,'pursuant to BP-17289 New, Leominster, Mass. the text, Booth American is fully free to § 1.571(c) of the Commission’s rules, Nashua Valley Broadcast, Inc. improve such local service, and it was evi­ that on March 31, 1967 the standard Req: 1000 kc, 1 kw, D. dence on this latter question, inter alia, broadcast applications listed below will BP-17290 New, Noblesville, Ind. which we rejected as irrelevant in the earlier be considered as ready and available for White River Radio Corp. proceeding. We make this point not to processing. Pursuant to §§ 1.227(b) (1) Req: 1110 kc, 1 kw, DA, D. suggest that we would have permitted the BP-17292 WRAI, San Juan, P.R. petitioner, by violating the rule, to convert and 1.591(b) of the Commission’s rules, Abacoa Radio Corp. the cease and proceeding into the full eco­ an application, in order to be considered Has: 1520 kc, 250 w, U. nomic hearing the rule requires, in deroga­ with any application appearing on the Req: 1520 kc, 10 kw, DA-1, JJ. tion of the rights of complying parties en­ list below or with any other application BP-17293 ELAND, Corsicana, Tex. titled to be heard first, but merely to note on file by the close of business on March Alto, Inc. that no economic evidence, was tendered. 30, 1967, which involves a conflict neces­ Has: 1340 kc, 250 w, U. 2 The only close question is whether a sitating a hearing with an application Req: 1340 kc, 250 w, 1 kw-LS, U. Waiver should be given for the educational BP-17295 KVON, Napa, Calif. station. But it too is out-of-State and no on this list, must be substantially com­ KVON, Inc. adequate showing has been made to war­ plete and tendered for filing at the of­ Has: 1440 kc, 500 W, 1 kw-LS, DA- rant this departure from our practice. We fices of the Commission in Washington, 2, TJ. would require a fuller showing of the atten­ D.C., by whichever date is earlier: (a) Req: 1440 kc, 500 w, 5 kw-LS, DA- tion to Muskegon needs apd interests. The close of business on March 30, 1967, 2, U.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3244 NOTICES

BP-17298 New, Ainsworth, Nebr. BP-17349 New, Blacksburg, Va. K.B.R. Broadcasting Co, William B. Matthews, Jr. Req: 1400 kc, 250 w, 1 kw-LS, U. Req: 1430 kc, 1 kw, D. SECURITIES AND EXCHANGE BML—2172 WOPI, Bristol, Tenn.-Va. BP-17351 New, Statesboro, Ga. Tri-Cities Broadcasting Co, Parnell O’Quinn. COMMISSION Has: 1490 kc, 250 w, 1 kw-LS, U Req : 850 kc, 1 kw, D. [812-2032] (Bristol, Tenn.). BP-17355 KENT, Prescott, Ariz. Req: 1490 kc, 250 w, 1 kw-LS, U Central Arizona Broadcasting, BASFIN CORP. (Bristol, Tenn.-Va.). Inc. BP-17305 New, Jackson, Ky. Has: 1340 kc, 250 w, U. Notice of Filing of Application for The Intermountain Broadcasting Req: 1340 kc, 250 w, 1 kw-LS, U. Order Exempting Company From Co., Inc. BP-17378 New, Safford, Ariz. All Provisions of the Act Req: 810 kc, 1 kw, D. Tri-County Broadcasting Co. BP-17307 New, Hondo, Tex. Req: 1380 kc, 500 w, 5 kw-LS, F ebruary 17,1967. Medina Broadcasting Co, DA-N, U. Req: 1460 kc, 500 w, D. BP-17396 WKSK, West Jefferson, N.C. Notice is hereby given that Basfin BP-17316 New, Auburn, Maine Childress Broadcasting Corp. of Corp. (“applicant”), c/o Shearman & Andy Valley Broadcasting System, West Jefferson Sterling, 20 Exchange Place, New York, Inc. Has: 1600 kc, 1 kw, D. N.Y. 10005, a New York corporation, has Req: 1530 kc, 1 kw, D. Req: 580 kc, 500 w, D. filed an application pursuant to section BP-17317 New, Richmond, Ky. BP-17397 New, Monticello, Ind. Lewis P. Young. Iroquois County Broadcasting Co. 6(c) of the Investment Company Act of Req: 1110 kc, 250 w, D. Req: 1510 kc, 250 w, DA, D. 1940 (“Act”) for an order exempting BP-17318 New, Berlin, Wis. BP-17399 New, Geneseo, N.Y. applicant from all provisions of the Act. Beacon Radio, Inc. Oxbow Broadcasting Corp. All interested persons are referred to the Req: 1090 kc, 500 w, DA, D. Req: 1140 kc, 500 w, D. application on file with the Commission BP-17321 New, McConnellsburg, Pa. BP-17400 New, Warsaw, N.Y. for a statement of the representations Town Radio, Inc. John B. Weeks. therein, which are summarized below. Req: 1530 kc, 1 kw, 250 w-CH, D. Req: 1140 kc, 1 kw, DA, D. Applicant was organized by BASF BP-17322 New, Albuquerque, N. Mex. BP-17401 KXLW, Clayton, Mo. Overzee N.V. (“Overzee”), at the direc­ Frank Quinn. Saint Louis County Broadcasting tion of Badische Anilin & Soda-Fabrik Req: 1190 kc, 1 kw, D. Co. A.G. (“Badische”) , on January 27, 1966. BP-17323 New, Jackson, Mo. Has: 1320 kc, 1 kw, D. All of applicant’s outstanding securities, Jackson Missouri Broadcasting Req: 1320 kc, 5 kw, DA, D, Co. BP-17403 New, Monroe, N.C. consisting of 20,000 shares of $100 par Req: 1170 kc, 250 w, DA, D. Monroe Broadcasting Co., Inc. value common stock, are owned by Over- BP-17324 New, Reno, Nev. Req: 1190 kc, 500 w, D. zee. Applicant represents that it will not George A. Carr and Thompson BP-17406 New, Rose Hill, N.C. issue any securities (other than debt Magowan doing business as Duplin County Broadcasters. securities) to any person other than K------. Req: 710 kc, 250 w, DA, D. Overzee and it is also represented that Req: 1550 kc, 10 kw, DA, D. BP-17407 New, Chardon, Ohio. Overzee has agreed that it will not dis­ BP-17325 KASK, Ontario, Calif. Radio Buckeye, Inc. pose of any security issued by applicant WCBC—TV, Inc. Req: 156Q*kc, 1 kw, DA, D. now or hereafter owned by it, except to Has: 1510 kc, 1 kw, DA-1, U. BP-17408 KDOL, Mojave, Calif. applicant. It is represented that Bad­ Req: 1510 kc, 1 kw, 10 kw-LS, Golden Desert Broadcasting Corp. ische will continue to own, directly or DA-2, U. Has: 1340 kc, 100 w, U. through a subsidiary all of whose out­ BP-17328 New, Vista, Calif. Req: 1340 kc, 250 w, 500 w-LS, U. standing securities (other than debt se­ North County Broadcasting Co., BP-17409 New, Blue Ridge, Ga. Inc. Click Broadcasting Co. curities) are owned by Badische (which Req: 1000 kc, 1 kw, DA, D. Req: 1500 kc, 500 w, D. subsidiary is hereinafter referred to as BP-17336 New, Olney, Tex. BP-17411 WEAL, Greensboro, N.C. a “fully owned subsidiary”), all of the Olney Broadcasting, Inc. WEAL, Inc. capital stock of Overzee now outstanding Req: 850 kc, 1 kw, DA, D. Has: 1510 kc, 1 kw, 250 w-CH, D. and which may be issued in the future. BP-17337 KWXY, Cathedral City, Calif. Req: 710 kc, 50 kw, DA, D. Badische, a German corporation, with Glen Barnett. BP-17412 KNUT, Makawao, Hawaii. its subsidiaries and affiliates, comprises Has: 1340 kc, 250 w, U. Qualitron Aero, Inc. one of the three largest manufacturers Req: 1340 kc, 250 w, 1 kw-LS, U. Has: 1310kc, 1 kw, U. of chemicals in Europe. It produces BP-17338 New, Quitman, Miss. Req: 1310 kc, 5 kw, U. such products as plastics and raw mate­ A. C. Elliott, Jr. BP-17413 New, Williams, Ariz. rials for synthetic fibers, dye-stuffs, ag­ Req: 1500 kc, 1 kw, D. Grand Canyon Aircasters. ricultural chemicals, organic chemicals, BP-17341 KLEO, Wichita, Kans. Req: 1240 kc, 250 w, 1 kw-LS, TJ. Swanco Broadcasting of Kansas, vitamins, and magnetic tapes. BP-17414 KDOK, Tyler, Tex. Overzee, a Netherlands Antilles cor­ Inc. KDOK Broadcasting Co. Has: 1480 kc, 1 kw, 5 kw-LS, Has: 1490 kc, 250 w, U. poration, was organized by Badische in DA-2, U. Req: 1490 kc, 250 w, 1 kw-LS, U. 1956 primarily for the purposes of (1) Req: Change site and antenna owning 50 percent or more of the vot­ system BP-17415 New, Graham, N.C. Smiles of Graham, Inc. ing and other securities of corporations BP-17342 New, Wiggins, Miss. Req: 1190 kc, 250 w, DA, D. located in the United States and en­ Stone County Broadcasters, Inc. gaged primarily in the manufacture of Req: 1420 kc, 1 kw, D. BP-17432 New, Hurricane, W. Va. Putnam Broadcasting Co., Inc. products similar to those manufactured BP-17344 New, Yazoo City, Miss. Req: 1080 kc, 250 w, D. Gateway Broadcasting Co., Inc. by Badische and (2) licensing certain Req: 1520 kc, 250 w, D. Application deleted from Public Notice of of Badische’s technical manufacturing BP-17347 New, Cabo Rojo, P.R. April 2, 1965 (Mimeo No. 65244, FCC 65- information on a royalty basis. Overzee David Ortiz Radio Corp. 267) is engaged in the management, opera­ Req: 930 kc, 500 w, DA, D. BP-16461 New, Sioux Center, Iowa. tion, and control of the companies in BP-17348 KENO, Las Vegas, Nev. Tri-State Broadcasters. which it has a 50-percent interest. Lotus Broadcasting Corp. Req: 1070 kc, 500 w, D. Applicant was organized as a borrow­ Has: 1460 kc, 1 kw, DA-N, U. (Assigned new Pile Number BP-17557) ing vehicle to finance Dow Badische Co. Req: 1460 kc, 1 kw, 5 kw-LS, (“Dow Badische”) a Delaware corpora­ DA-N, U. [P.R. Doc. 67-2101; Piled, Feb. 23, 1967; 8:49 a.m.] tion whose outstanding capital stock is

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3245 owned 50 percent by Overzee and 50 per­ The proceeds of these short term bank (1) any request to exchange any of ap­ cent by the Dow Chemical Co., a Dela­ loans will be used by applicant for fi­ plicant’s notes for notes of smaller de­ ware corporation. Dow Badische is pri­ nancing Dow Badische or other operat­ nominations, and (2) any transfer of marily engaged in the business of manu­ ing subsidiaries owned wholly or in part applicant’s notes, or notes issued in ex­ facturing and marketing chemicals and by Overzee or Badische and located in change therefor, and the name and ad­ synthetic organic fibers in the United the United States. dress of each transferee, to the extent States and does not engage in any busi­ It appears that applicant is an “in­ that such information shall be available ness outside of the United States. vestment company” as defined in section to, or can reasonably be obtained by, the Applicant has no assets or liabilities of 3(a)(3) of the Act. Section 3(b)(3) of applicant: Provided, however, That no any significance; will not deal or trade the Act, generally speaking, excepts from filing shall be required if a request to in securities of any corporation; and does the definition of investment company exchange or a transfer is made by a not propose to make any public offering any issuer all of the outstanding securi­ bank, or its nominee, which holds such of any securities issued or to be issued by ties of which (other than short term notes as trustee or agent, for the purpose it. Applicant proposes to borrow, dur­ paper and directors’ qualifying shares) of effecting transfers among the ac­ ing 1967 and 1968, an aggregate principal are owned by a company primarily en­ counts of such bank and its nominees; amount of $30,000,000 from the Mutual gaged in a business other than that of and Life Insurance Co. of New York, Mas­ investing, reinvesting, owning, holding, (d) Not issue any additional débt sachusetts Mutual Life Insurance Co. and or trading in securities. As stated here­ securities (other than short-term paper, New England Life Insurance Co. to be inabove, all of the outstanding securities as defined in the Act) following comple­ evidenced by applicant’s 6 percent se­ of the Applicant are now owned by Over- tion of the interim financing and the is­ cured promissory notes due June 30, zee. Also as noted hereinabove, appli­ suance of the $30 million of insurance 1981, (“Insurance Company Notes”). cant has stated that it will not issue any company notes unless it gives at least 45 The three insurance companies will rep­ securities (other than debt securities) to days prior written notice to the Com­ resent to applicant that they are acquir­ any person other than Overzee and that mission of such proposed issuance set­ ing the Insurance Company Notes for Overzee will continue to own all of the ting forth the details thereof, subject, their own account for investment and not securities of applicant and will not dis­ however, to the right of the Commission, for resale. pose of any security of applicant except upon request of the applicant, to de­ Overzee and Badische will uncondi­ to applicant and Badische will continue crease such number of days. The ap­ tionally guarantee the Insurance Com­ to own all of the capital stock of Over- plicant further agrees that if the Com­ pany Notes. The proceeds of these loans, zee, directly or through a fully owned mission shall, after receipt of said together with the proceeds of an addi­ subsidiary of Badische. Therefore, it written notice, determine that a sub­ tional $30,000,000 of loans to be made to appears that applicant would be entitled stantial question shall exist as to Dow Badische by its 50 percent stock­ to an exemption, under section 3(b) (3) whether or not the exemption granted holder, Dow Chemical Co., will be used of the Act except for the fact that its by the order hereby requested should by Dow Badische for capital construc­ long-term debt to be outstanding will be continue and shall mail or otherwise give tion or general working capital purposes owned by institutions rather than by notice to that effect to the applicant in in its business in the United States. Badische or Overzee. care of Shearman & Sterling at 20 Ex­ The loans by applicant to Dow Ba­ Section 6(c) of the Act provides that change Place, New York, N.Y. 10005 (or dische will be evidenced by Dow Ba- the Commission may, conditionally or at such other address as the applicant dische’s promissory notes (“Dow Notes”) unconditionally, exempt any persons, may have previously specified in writing payable to the order of applicant in in­ securities or transactions from any pro­ to the Commission), within 15 days after stallments and having the same final vision of the Act or of any rule there­ the receipt by the Commission of said maturity as the Insurance Company under, if and to the extent that such written notice from the applicant, the Notes. J exemption is necessary or appropriate applicant will not issue such additional As security for applicant’s obligations in the public interest and consistent with debt securities unless after receipt by under the Insurance Company Notes, the protection of investors and the pur­ the applicant of such notice from the the Dow Notes will be pledged under a poses fairly intended by the policy and Commission and not less than 15 days trust indenture with the First National provisions of the Act. prior to the issuance of such additional City Bank as trustee for the holders of Applicant has agreed, in the event that debt securities, the applicant shall mail the Insurance Company Notes. Addi­ the Commission grants the application, or otherwise give written notice to the tional collateral, including all stock of that the Commission’s order may be is­ Commission stating its intention to issue Dow Badische owned by Overzee, cer­ such additional securities and upon the tain bonds of Dow Badische previously sued subject to the following conditions: giving of such notice by the applicant the issued to Overzee and certain royalty Applicant will: exemption granted by the order hereby payments payable by Dow Badische to (a) File with the Commission, within requested shall be deemed to have been Overzee, will also be held under said in­ 90 days after the close of each fiscal year terminated as of the date the applicant denture as security for the Insurance of the applicant, the data required by shall have mailed or otherwise given Company Notes, subject however, to the Items 1.08 (except with respect to in­ such notice to the Commission. Prior lien of an existing indenture with formation relating to persons under com­ Notice is further given that any inter­ the First National City Bank as trustee, mon control with applicant), 1.09, 1.10, ested person may, not later than March securing $11,000,000 in original principal and 1.11 of Form N-1R adopted by the 9, 1967, at 5:30 p.m., submit to the Com­ amount of long term promissory notes of Commission pursuant to Section 30 of mission in writing a request for a hearing Overzee held by the Mutual Life Insur­ the Act; on the matter accompanied by a state­ ance Co. of New York. (b) File with the Commission, within ment as to the nature of his interest, the Applicant states it may also engage 180 days after the close of the fiscal years reason for such request and the issues m interim financing, prior to or between of applicant, Overzee and Badische re­ of fact or law proposed to be contro­ the issuance of the Insurance Company spectively, a balance sheet as of the close verted, or he may request that he be Notes, to the extent required by Dow of such fiscal year, a statement of income notified if the Commission shall order Badische, but not exceeding $15,000,000 and expense for such fiscal year, and a a hearing thereon.' Any such commu­ m aggregate principal amount at any one statement of surplus as of the close of nication should be addressed: Secretary, rime outstanding from the First National such fiscal year for applicant and Over- Securities and Exchange Commission, •n u^an^'. ^ ese interim borrowings zee, respectively, and a schedule of in­ Washington, D.C. 20549. A copy of will be repaid by applicant from the pro­ vestments as of the close of such fiscal such request shall be served personally ceeds of the Insurance Company Notes. year for applicant, and a copy of the an­ or by mail (airmail if the person being In addition, applicant from time to nual report sent by Badische to its served is located more than 500 miles time may borrow from a commercial shareholders; from the point of mailing) upon appli­ pank or banks not exceeding $2,000,000 (c) File with the Commission, within cant at the address stated above. Proof pi aggregate principal amount outstand­ 30 days after the happening of any of of such service (by affidavit or in case of ing with a maturity of less than 1 year. the following events, information as to an attorney at law by certificate) shall

FEDERAL REGISTER, VOL. 32r NO. 37— FRIDAY, FEBRUARY 24, 1967 3246 NOTICES be filed contemporaneously with the re­ sity authorizing the sale and delivery cants, together with the construction and quest. At any time after said date, as of natural gas in interstate commerce, ’Operation of any facilities subject to the provided by Rule 0-5 of the rules and for permission and approval to abandon jurisdiction of the Commission necessary regulations promulgated under the Act, service, or a petition to amend an exist­ therefor, are subject to the requirements an order disposing of the application ing certificate authorization, all as more of subsections (c) and (e) of section 7 herein may be issued by the Commission fully described in the respective appli­ of the Natural Gas Act. upon the basis of the information stated cations and petitions (and any supple­ (3) The respective Applicants are able in said application, unless an order for ments or amendments thereto) which are and willing properly to do the acts and hearing upon said application shall be on file with the Commission. to perform the services proposed and to issued upon request or upon the Com­ The Applicants herein have filed re­ conform to the provisions of the Natural mission’s own motion. Persons who re­ lated FPC gas rate schedules and propose Gas Act and the requirements, rules, and quest a hearing or advice as to whether a to initiate or abandon, add or delete nat­ regulations of the Commission there­ hearing is ordered, will receive notice of ural gas service in interstate commerce under. further developments in this matter, in­ as indicated by the tabulation herein. (4) The sales of natural gas by the cluding the date of the hearing (if or­ All sales certificated herein are at rates respective Applicants, together with the dered) and any postponements thereof. either equal to or below the ceiling prices construction and operation of any facil­ For the Commission (pursuant to established by the Commission’s state­ ities subject to the jurisdiction of the delegated authority). ment of general policy No. 61-1, as Commission necessary therefor, are re­ amended, or involve sales for which per­ quired by the public convenience and [seal] Orval L. DtjBois, manent certificates have been previously necessity and certificates therefor should Secretary. issued. be issued as hereinafter ordered and [F.R. Doc. 67-2086; Filed, Feb. 23, 1967; Edwin Allday (Operator), et al., Ap­ conditioned. 8:48 a.m.] plicant in Docket No. CI67-145, proposes (5) It is necessary and appropriate in to continue in part the sales of natural carrying out the provisions of the Natural gas heretofore authorized in Docket Nos. Gas Act and thè public convenience and RAND DEVELOPMENT CORP. G-15166 and G-15373 to be made pur­ necessity require that the certificate au­ suant to Atlantic Richfield Co., FPC Gas thorizations heretofore issüed by the Order Suspending Trading Rate Schedule No. 142 and Sinclair Oil & Commission in Docket Nos. G-8789, G- February 17, 1967. Gas Co., FPC Gas Rate Schedule No. 61, 9314, G-13633, G-15166, G-15373, G- It appearing to the Securities and Ex­ respectively. The contract comprising 17039, G-17379, CI61-524, CI61-710 change Commission that the summary said rate schedules will also be redesig­ CI61-1091, CI62-60, CI63-980, CI64-856, suspension of trading in the common nated as a rate schedule of Allday. The CI66-1077, CI66-1282, CI66-1285, and stock, 5 cents par value, of Rand Devel­ presently effective rate under Sinclair’s CI67-374 should be amended as herein­ opment Corp., Cleveland, Ohio, and the rate schedule is in effect subject to refund after ordered and conditioned. Class B Common Stock, 5 cents par value, in Docket No. RI64-305. Allday has filed (6) The sales of natural gas proposed being traded otherwise than on a na­ a surety bond to assure the refund of any to be abandoned by the respective Appli­ tional securities exchange is required in amounts collected by him in excess of cants, as hereinbefore described, all as the public interest and for the protection the amount determined to be just and more fully described in the tabulation of investors; reasonable in said proceeding. There­ herein and in the respective applications, It is ordered, Pursuant to section 15 fore, he will be made party respondent are subject to the requirements of sub­ (c) (5) of the Securities Exchange Act of in said proceeding; the proceeding will be section (b) of section 7 of the Natural 1934, that trading in such securities redesignated accordingly; and the surety Gas Act, and such abandonments should otherwise than on a national securities bond will be accepted for filing. be permitted and approved as hereinafter exchange be summarily suspended, this After due notice, no petitions to inter­ ordered. order to be effective for the period Feb­ vene, notices of intervention, or protests (7) It is necessary and appropriate in ruary 19,1967, through February 28,1967, to the granting of any of the respective carrying out the provisions of the Natural both dates inclusive. applications or petitions in this order Gas Act that the certificates of public have been received. convenience and necessity heretofore By the Commission. At a hearing held on February 9, 1967* issued to the respective Applicants relat­ [seal] Orval L. DuBois, the Commission on its own motion re­ ing to the abandonments hereinafter Secretary. ceived and made a part of the record in permitted and approved should be [F.R. Doc. 67-2087; Filed, Feb. 23, 1967; these proceedings all evidence, including terminated. 8:48 a.m.] the applications, amendments and ex­ (8) It is necessary and appropriate in hibits thereto, submitted in support of carrying out the provisions of the Natural the respective authorizations sought Gas Act that Edwin Allday (Operator), herein, and upon consideration of the et al., should be a co-respondent in the record, proceeding pending in Docket No. RI64- FEDERAL POWER COMMISSION- The Commission finds : 305, that said proceeding should be re­ [Docket No. G-9314, etc.] (1) Each Applicant herein is a “nat­ designated accordingly, and that the ural-gas company” within the meaning surety bond submitted by Allday in said AMERADA PETROLEUM CORP. ET AL. of the Natural Gas Act as heretofore proceeding should be accepted for filing. Findings and Order found by the Commission or will be (9) It is necessary and appropriate in engaged in the sale of natural gas in carrying out the provisions of the Nat­ F ebruary 14,1967. interstate commerce for resale for ulti­ ural Gas Act that the respective related Findings and order after stautory mate public consumption, subject to the rate schedules and supplements as desig­ hearing issuing certificates of public con­ jurisdiction of the Commission, and will nated in the tabulation herein should be venience and necessity, amending cer­ therefore, be a “natural-gas company” accepted for filing as hereinafter ordered. tificates, permitting and approving within the meaning of said Act upon the The Commission orders : abandonment of service, terminating commencement of the service under the (A) Certificates of public convenience certificates, making successor co-re­ respective authorizations granted here­ and necessity are issued upon the terms spondent, redesignating proceeding, ac­ inafter. and conditions of this order, authorizing cepting surety bond for filing and accept­ (2) The sales of natural gas herein­ the sales by the respective Applicants ing related rate schedules and supple­ before described, as more fully described herein of natural gas in interstate com­ ments for filing. in the respective applications, amend­ merce for resale, together with the con­ Each of the Applicants listed herein ments and/or supplements herein, will struction and operation of any facili­ has filed an application pursuant to sec­ be made in interstate commerce, subject ties subject to the jurisdiction of the tion 7 of the Natural Gas Act for a cer­ to the jurisdiction of the Commission, Commission necessary for such sales, all tificate of public convenience and neces­ and such sales by the respective Appli­ as hereinbefore described and as more

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3247 fully described in the respective appli­ (I) The certificates heretofore issued sell natural gas from acreage assigned cations, amendments, supplements and in Docket Nos. G-9314, G-13633, G- to Applicant in Docket No. CI66-1282. exhibits in this proceeding, 17039, G-17379, CI66-1077, CI66-1282, (N) The certificates heretofore issued (B) The certificates granted in para­ CI66-1285, and CI67-374 are amended by in Docket Nos. CI62-60, CI63-980, and graph (A) above are not transferable adding thereto or deleting therefrom CI64-856 are amended by changing the and shall be effective only so long as Ap­ authorization to sell natural gas to the certificate holders to the respective suc­ plicants continue the acts or operations same purchasers and in the same areas cessors in interest as indicated in the hereby authorized in accordance with the as covered by the original authorizations, tabulation herein. provisions of the Natural Gas Act and pursuant to the rate schedule supple­ (O) Permission for and approval of the applicable rules, regulations and or­ ments as indicated in the tabulation the abandonment of service by the re­ ders of the Commission. herein. spective Applicants, as hereinbefore de­ (C) The grant of the certificates is­ (J) The authorization granted in scribed, all as more fully described in sued in paragraph (A) above shall not paragraph (I) above in Docket No. G- the tabulation herein and in the respec­ be construed as a waiver of the require­ 13633, involving the sale of gas by Union tive applications are granted. ments of section 4 of the Natural Producing Co. (Operator) , et al., to its (P) The certificates heretofore issued Gas Act or of Part 154 or Part 157 of the affiliate, United Gas Pipe Line Co., de­ in Docket Nos. G-4169, G-6144, G-10877, Commission’s regulations thereunder, termines the rate which legally may be and CI66-613 are terminated, and is without prejudice to any findings paid by the buyer to the seller, and is (Q) Edwin Allday (Operator), et al., or orders which have been or may here­ without prejudice to any action which shall be co-respondent in the proceeding after be made by the Commission in the Commission may take in any rate pending in Docket No. RI64-305, said any proceedings now pending or here­ proceeding involving either company. proceeding is redesignated accordingly,1 after instituted by or against the respec­ (K) The certificates heretofore issued and the surety bond submitted by Allday tive Applicants. Further, our action in Docket Nos. CI61-524 and CI61-1091 in said proceeding is accepted for filing. in this proceeding shall not foreclose nor are amended to include the sales of nat­ (R) Edwin Allday (Operator), et al., prejudice any future proceedings or ob­ ural gas‘from the additional acreage, shall comply with the refunding and re­ jections relating to the operation of any. subject to the conditions set forth in porting procedure required by the Nat­ price or related provisions in the gas paragraphs (C), (D) and (E) of the ural Gas Act and § 154.102 of the reg­ purchase contracts herein involved. order accompanying Opinion No. 353 (27 ulations thereunder, and the' surety bond Nor shall the grant of the certificates FPC 449), except that said certificates filed by him in Docket No. RI64-305 shall aforesaid for service to the particular shall not be subject to the Commission’s rdhiain in full force and effect until dis­ customers involved imply approval of all ultimate determination in Docket No. charged by the Commission. of the terms of the respective contracts R-200. (S) The respective related rate sched­ particularly as to the cessation of service (L) Acceptance of the related rate ules and supplements as indicated in the upon termination of said contracts, as schedule in Docket No. CI61-524 is con­ tabulation herein are accepted for filing; provided by section 7(b) of the Natural tingent upon Applicant filing three further, the rate schedules relating to the Gas Act. Nor shall the grant of the cer­ copies of a billing statement reflecting successions herein are accepted and tificates aforesaid be construed to pre­ the 15 cents price. redesignated, subject to the applicable clude the imposition of any sanctions Commission regulations under the Nat­ pursuant to the provisions of the Natural (M) The certificates heretofore issued in Docket Nos. G-15166 and G-15373 are ural Gas Act to be effective on the dates Gas Act for the unauthorized commence­ as indicated in the tabulation herein. ment of any sales of natural gas subject amended by deleting therefrom author­ to said certificates. ization to sell natural gas from acreage By the Commission. (D) The grant of the certificates is­ assigned to Applicant in Docket No. [seal] J oseph H. Gutride, sued herein on all applications filed after CI67-145; and the certificate heretofore Secretary. April 15,1965, is upon the condition that issued in Docket No. G-8789 is amended no increase in rate which would exceed 1 Sinclair Oil & Gas Co. and Edwin Allday the ceiling prescribed for the given area by deleting therefrom authorization to (Operator), et al. by paragraph (d) of the Commission’s statement of general policy No. 61-1, as FPC rate schedule to be accepted Docket No. Purchaser, field, and amended, shall be filed prior to the ap­ and Applicant location plicable dates, as indicated by footnotes date filed Description and date No. Supp. 3 and 5 in the attached tabulation. of document (E) The grant of the certificate is­ sued herein in Docket No. CI67-794 shall G-9314______Amerada Petroleum Colorado Interstate Gas Notice of partial cancel­ 42 1 2 D 12-19-66 Corp. (partial aban­ Co., Greenwood Field, lation 12-14-66.» * not be construed as Commission’s ap­ donment). Morton County, Kan­ sas and Baca County, proval of advance payment provisions Colo. in producer gas sales contracts and is 0-13633______Union Producing Co. United Gas Pipe Line Amendatory agreement 76 13 without prejudice to any future action C 12-16-66 » (Operator) et al. Co., Greenwood-Was- 1 2-6 -6 6. kom Field, Caddo the Commission may take with respect to Parish, La. advance payment provisions in producer G-17039-__ __ Amerada Petroleum Panhandle Eastern Pipe Notice of partial cancel­ 73 2 gas sales contracts. D 12-19-66 Corp. (partial aban­ Line Co., Southwest lation 1 2-1 1 -6 6.» » donment). Lerado Field, Reno (F) A certificate is issued herein in County, Kans. G-17379______Texaco, Inc. (Operator) Transwestem Pipeline Amendment 10-3-66. * 4 214 13 Docket No. C167-795 and acceptance of D 11-16-66 et al. Co., Cimarron, Ellis, the related rate schedulé is contingent and Harper Counties, upon Applicant filing three copies of a Oklahoma, and Clark billing statement. County, Kans. C161-524_____ Shell Oil Co. 8 (Opera­ Michigan Wisconsin Pipe Amendatory agreement 268 29 4 certificate is issued herein to C 12-15-66 * tor) et al. Line Co., Lenora Field, 10-26-66.» Dewey County, Okla. OÌI CorP°ration, in Docket No. CI61-1091-...... Amerada Petroleum Michigan Wisconsin Pipe Amendatory agreement 92 8 CI67-787, authorizing Applicant to con­ C 12-19-66 • Corp. 8 Line Co., Woodward 11-15-66.» tinue the sale of natural gas previously Area, Dewey County, covered by the operator, International Okla. Filing code: A—Initial service. Petroleum Corp., in Docket No. CI61-710. B—Abandonment. « ,Tlie certificate heretofore issued C—Amendment to add acreage. D—Amendment to delete acreage. in Docket No. CI61-710 is amended by E—Successions aeieting therefrom the interests of Gulf F—Partial succession. Oil Corp. See footnotes at end of table.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3248

FPC rate schedule to be accepted FPC rate schedule to be accepted

Docket No. Purchaser, field, and Docket No. Purchaser, field, and Applicant location and Applicant location date filed Description and date No. Supp. date filed Description and date No. Supp. of document of document

CI62-60 Delta Producing Corp. Davis Oil Co., a cor- 1 C5Tfl7-ft.W J. C, Baker <& Son, Contract 3-30-667 2 E 12-12-66 (successor to Davis Union District, Clay poration, FPC GRS All-16-668 Inc. gheny Gas Co., Buck- Oil Co., a corpora­ County, W. Va. No. 1. hannon District, Up­ tion). shur County, W. Va. 1 2-2 -6 6. r.T«7-7na United Gas Pipe Line Notice of cancellation 6 8 Assignment 9-20-668__ 1 1 (G-4169) Co., Rodessa Field, U-17-66.7 » Assignment 9-20-66 1 2 (G-10877) Cass County, Tex. B 11-17-66 Ray A. Jones et al. Consolidated Gas Supply Hays & Co. agent for 1 r!TR7-7Sfi Sinclair Oil & Gas Go.— Kansas-Nebraska Natural Çontract 3-15-667____ 370 E 12-19-66 (successor to Hays Corp., Glenville Dis- Keillor and Clark A 12-15-66* Gas Co., Inc., Castle and Co., agent for trict, Gilmer County, et al., FPC GRS No. Garden Field, Fremont Keillor and Clark W. Va. 14. County, Wyo. et al.).; f!Tß7-7R7 Panhandle Eastern Pipe Contract 7-3-618 88...... 378 A 12-9-66» Line Co., Southwest 12-15-66. (CI61-710) Liberal Light Field, Assignment 4-23-63 78.._ 1 1 Beaver County, Okla. Assignment 10-20-65 78 __ 1 2 P.Tfi7—709 Sinclair Oil & Gas Co... •Contract 11-9-667 369 Assignment 12-20-65 70 1 3 A 12-16-66* Co., Wilburtón Area, Assignment 12-20-65 10__ 1 4 Pittsburg County, Assignment 12-20-65 78_. 1 5 Okla. Assignment 12-20-6578 __ 1 6 r,T67-7Q4 Contract 5-19-667____ 1 Assignment 12-20-65 78 1 7 A 12-19-66* Co., Catesby and Gage Assignment 12-20-65 78__ 1 8 Fields, Ellis County, Assignment 12-20-65 78 __ 1 9 Okla. Assignment 12-23-65 78 __ 1 1 0 njßT-795 Apache Corp. (Opera­ Panhandle Eastern Pipe Contract 10-17-667____ 37 Assignment 1-10-6678.. _ 1 1 1 A 12-19-66 8 tor) et al. Line Co., Berryman Field, Ellis County, CT64-856 P. P. Gunn (successor United Fuel Gas Co., ?; Hadal Oil & Gas Corp., 24 Okla. E 12-8-66 to Hadal 00 & Gas Henry District, Clay FPC GRS No. 1 . CÍ67-796...... Consolidated Oil & Arkansas Louisiana Gas Notice of cancellation 32 1 Corp.). County, W. Va. Supplement Nos. 1-11... 24 1 - 1 1 (CI66-613) Gas, Inc. (Operator) Co., Northeast Webb 12-15-66.18 B 12-19-66 et al. Field, Kay County, 1 2-6-6 6. Okla. NOTICES Assignment 10-19-6611 24 1 2 PTfi7 707 Piney Point Petroleums. Tennessee Gas Pipeline Contract 12-7-667 88...... 2 A 12-19-66 * Co., a division of Ten- C166-1077...... Arkansas Louisiana Gas Contract 10-1-66 7 78...._ 1 3 neco, Inc., Randon C 11-2-668 Co., acreage in Latimer Field, Fort Bend County, Okla. County, Tex. F CI66-1282__ Edwin L. Cox (Opera- Colorado Interstate Gas Assignment 9-20-66 78.__ 64 i f 'C 7 Carmichael Field, Jack- Contract 12-7-667 88...... 3 (G-8789) tor) et al. Co., Greenwood Field, Assignment 9-20-66 7 74_. 64 ' 8 son County, Tex. 012-16^66 Morton County, Kans. OT67-R04 The Superior Oil Co__ Mountain Fuel Supply 120 CI66-1285...... Coulston Drilling Co. Arkansas Louisiana Gas Amendment 11-2-66.__ i 3 A 12-20r66 * Co., West Side Canal C 11-21-668 ♦ (Operator) et al. Co., Excelsior Field, Field, Carbon County, Marion County, Tex. *Wyo. CI67-78 Contract 5-20-66______i <"!TR7-ftflß McKinley Trent, United Fuel Gas Co., (in . __ CO A 7-22-66 * Co., Hodge Field, Jack- Assignment 7-22-6678__ i 1* (G-6144) Trustee. Kermit Field, Mingo son Parish, La. B 12-14-66 , County, W. Va. A CI67-145...... Edwin Allday (Opera- Texas Eastern Transmis- Ratified 11-11-65 78...... 2 £_'__ÿi£ (G-15166) tor) et al. (successor sion Corp., Gist Area, 2 1 (G-1Ö373) • to Atlantic Richfield Newton County, Tex. Amendment 6-19-52 ..... 2 2 7Source of gas depleted, F 8-8-66 Co. and Sinclair 00 Amendment 1-8-5377__ ' 2 3 i Effective date: Date of this order. & Gas Co.). Amendment 3-4-54 77_„.. 2 4 • Jan. 1,1968, moratorium pursuant to the Commission’s Statement of General Policy No. 61-1, as amended. Letter agreement 2 5 4 Deletes acreage due to expired leases. 9-15-54.78 8 July 1,1967, moratorium pursuant to the Commission’s Statement of General Policy No. 61-1, as amended. Amendment 12-31-55l7.. 2 6 8 Contract provides for 19.5 cents per Mcf plus B.t.u. adjustment; however, Applicant states willingness to accept Amendment 12-14-5677.. 2 7 authorization for the additional acreage conditioned as the certificates issued in Opinion No. 353. FPC Form 1007. Amendment 3-19-5777_ 2 • 8 7 Effective date: Date of initial delivery (Applicant should advise the Commission as to such date). Letter agreement 2 9 • From Davis Oil Co. to Security Resources Co. - 7-24-57.18 • From Security Resources Co. to Delta Producing Corp. Letter agreement 2 10 w From Keillor and Clark et al., to Ray A. Jones et al. 3-18-57.77 11 From Haded Oil & Gas Corp. to P. P. Gunn. Amendment 10-10-57 77„ 2 11 u Ratifies Feb. 18, 1966, contract contained in Applicant’s FPC GRS No. 1., Amendment 3-1-6288__ 2 1 2 i* Assigns acreage from Colorado Oil & Gas Corp. to Applicant. Amendment 11-1-62___ 2 13 74 Assigns acreage from Sam P. Wallingford, Inc., et al. to Applicant. , Notice of change 2 14 78 Assignment of interest from Art Machin & Associates, Inc., to Machin Oil, Ltd. 9-18-63.« 78 Ratifies terms of Basic contract dated June 9,1952; currently on file as Atlantic Richfield Co. FPC GRS No. 142 Assignment 3-11-65 27__ 2 15 and Sinclair Oil & Gas Co. FPC GRS No. 61. Assignment 12-29-64 S3__ 2 16 77 Adds acreage. Assignment 12-29-64 24_. 2 17 78 Establishes 20-year contract term. /M Establishes new price provisions. OIB7-S74_____ Gulf Oil Corp..______Panhandle Eastern Pipe Amendment 10-21-667._ 371 1 *> Eliminates indefinite pricing provisions and establishes 14.6-cent rate with 1.0 cent escalations every 5 years. C 12-16-66» Line Co., Southeast 87 Rate increase to 15.6 cents collected subject to refund in Docket No. RI64-179 (Atlantic) andDocketNo. RI64-305 Gage Field, Ellis (Sinclair). County, Okla.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3249

» Conveys interest in acreage to a depth of 7,610 feet, with Atlantic and Sinclair each retaining 25 percent interest. through the issuance and sale of promis­ n Instrument whereby Allday conveyed one-thirtieth interest in acreage to George Baxter Adams, Jr. 24 instrument whereby Allday conveyed five-twelfth interest in acreage to Curtis K. Canter. sory notes or common stock to Appli­ 2« Applicant previously covered by Operator, Sunset International Petroleum Corp. FPC GRS No. 29 (Docket cant’s parent company, the Columbia [o.C161-710). 2« Provides for a depth limitation to the 8,400-foot sand. Gas System, Inc. Applicant estimates 2? No rate schedule filed for this sale (Contract covering sale was dated Dec. 16,1946). a salvage recovery of approximately [F.I^. Doc. 67-2019; Filed, Feb. 23,1967; 8:45 a.m.] $35,000. Protests or petitions to intervene may be filed with the Federal Power Commis­ [Docket No. CP67-225] (16 U.S.C. 791ar-825r) by Northern States sion, Washington, D.C. 20426, in accord­ Power Co. (correspondence to: James A. ance with the rules of practice and NORTHERN NATURAL GAS CO. Riley, Secretary and General Counsel, procedure (18 CFR 1.8 or 1.10) and the Notice of Application Northern States Power Co., Eau Claire, regulations under the Natural Gas Act Wis. 54701), for constructed Project No. (£157.10) on or before March 15, 1967. F ebruary 15, 1967. 1982 known as the Holcombe Project lo­ Take further- notice that, pursuant to Take notice that on February 9, 1967, cated on the Chippewa River in Chip­ the authority contained in and subject Northern Natural Gas Co. (Applicant), pewa and Rusk Counties, Wis. to the jurisdiction conferred upon the 2223 Dodge Street, Omaha, Nebr. 68102, The Licensee seeks to exclude from the Federal Power Commission by sections 7 filed in Docket No. CP67-225 an applica­ project license a 115 kv transmission line and 15 of the Natural Gas Act and the tion pursuant to section 7(c) of the extending from the 115 kv bus at the Commission’s rules of practice and proce­ Natural Gas Act for a certificate of pub­ Holcombe substation to the Jim Falls dure, a hearing will be held without fur­ lic convenience and necessity authorizing substation. The Licensee represents ther notice before the Commission on the exchange of natural gas and con­ that as a result of an interconnection this application if no protest or petition tinued operation of facilities, all as more with the Dairyland Power Cooperative, to intervene is filed within the time re­ fully set forth in the application which the 115 kv bus of Licensee’s Holcoihbe quired herein, if the Commission on its is on file with the Commission and open substation is now the point of junction own review of the matter finds that a to public inspection. with the interconnected primary trans­ grant of the certificate and permission Specifically, Applicant requests au­ mission system to which the entire power and approval for the proposed abandon­ thority to install and operate a side valve output of Project No. 1982 is delivered. ment is required by the public con­ to enable it to receive volumes of natural Protests or petitions to intervene may venience and necessity. If a protest or gas transported by and exchanged with be filed with the Federal Power Com­ petition for leave to intervene is timely West Texas Gathering Co. in Winkler mission, Washington, D.C. 20426, in ac­ filed, or if the Commission on its own County, Tex. cordance with the rules of practice and motion believes that a formal hearing is Applicant estimates the installed cost procedure of the Commission (18 CFR 1.8 required, further notice of such hearing of the required side valve at approxi­ or 1.10). The last day upon which pro­ will be duly given. mately $1,757. tests or petitions may be filed is March Under the procedure herein provided Protests or petitions to intervene may 29, 1967. The application is on file with for, unless otherwise advised, it will be be filed with the Federal Power Com­ the Commission for public inspection. unnecessary for Applicant to appear or mission, Washington, D.C. 20426, in ac­ J oseph H. Gutride, be represented at the hearing. cordance with the rules of practice and Secretary. J oseph H. Gutride, procedure (18 CFR 1.8 or 1.10) and the [F.E. Doc. 67-2063; Filed, Feb. 23, 1967; Secretary. regulations under the Natural Gas Act 8:46 a.m.] [F.R. Doc. 67-2064; Filed, Feb. 23, 1967; (§ 157.10) on or before March 15, 1967. 8:46 a.m.] Take further notice that, pursuant to the authority contained in and subject [Docket No. CP67-224] [Docket Nos. Gr-17090, CI65-1143] to the jurisdiction conferred upon the OHIO FUEL GAS CO. Federal Power Commission by sections 7 ROLAND S. BOND AND PAYNE and 15 of the Natural Gas Act and the Notice of Application PETROLEUM CORP. Commission’s rules of practice and pro­ F ebruary 15, 1967.' Findings and Order After Statutory cedure, a hearing will be held without further notice before the Commission on Take notice that on February 9, 1967, Hearing Issuing Certificate of Public this application if no protest or petition the Ohio Fuel Gas Co. (Applicant), 99 Convenience and Necessity, to intervene is filed within the time re­ North Front Street, Columbus, Ohio Amending Order Issuing Certificate, quired herein, if the Commission on its 43215, filed in Docket No. CP67-224 an and Severing Proceedings application pursuant to sections 7(b) and own review of the matter finds that a F ebruary 15,1967. grant of the certificate is required by the 7 (cj) of the Natural Gas Act for permis­ public convenience and necessity. If a sion and approval to abandon certain On November 19, 1964, Roland S. Bond protest or petition for leave to intervene sections of its existing pipeline and a (Bond) filed in Docket No. G-17090 a is timely filed, or if the Commission on certificate of public convenience and petition to amend the order issuing a its own motion believes that a formal necessity authorizing the construction certificate of public convenience and ne­ hearing is required, further notice of and operation of certain replacement cessity in said docket pursuant to sec­ such hearing will be duly given. facilities, all as more fully set forth in the tion 7(c) of the Natural Gas Act by Under the procedure herein provided application which is on file with the Com­ authorizing the sale of natural gas to for, unless otherwise advised, it will be mission and open to public inspection. Michigan Wisconsin Pipe Line Co. from unnecessary for Applicant to appear or Specifically, Applicant seeks permis­ additional acreage in the Laverne Field, be represented at the hearing. sion and approval to abandon 8.5 miles Harper County, Okla., at an initial rate of 8%-inch transmission pipeline located of 19.5 cents per Mcf at 14.65 p.s.i.a. plus J oseph H. Gutride, on Applicant’s Line V in Stark and upward B.t.u. adjustment, all as more Secretary. Columbiana Counties, Ohio, said pipeline fully set forth in the petition to amend. [F.R. Doc. 67-2062; Filed, Feb. 23, 1967; having deteriorated to a point where On April 27, 1965, Jennings Petroleum 8:46 a.m.] unusual maintenance is required and re­ Corp. (Jennings) filed in Docket No. placement is necessary to assure con­ CI65-1143 an application pursuant to [Project No. 1982] tinuity of service. section 7(c) of the Natural Gas Act for n o rth ern s t a t e s POWER CO. Applicant also seeks authorization for a certificate of public convenience and the construction and operation of 8.5 necessity authorizing the sale for resale Notice of Application for Amendment miles of 12%-inch O.D. by 203-inch wall and delivery of natural gas in interstate of License for Constructed Project transmission pipeline to replace the commerce to Michigan Wisconsin Pipe above-mentioned section of Line V Ap­ Line Co. from the Woodward Area, Wood­ February 15, 1967. plicant seeks to abandon. ward County, Okla., at an initial rate of „iPublic notice is hereby given that ap­ Applicant estimates the total cost of 19.5 cents per Mcf at 14.65 p.s.i.a. plus tax plication for amendment of license has the proposed construction at approxi­ reimbursement and upward B.t.u adjust­ oeen filed under the Federal Power Act mately $430,000, said cost to be financed ment, all as more fully set forth in FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. I-----6 3250 NOTICES the application. On July 23,1965, Payne the acts and to perform the service pro­ spects said order shall remain in full Petroleum Corp. (Payne) filed a motion posed and to conform to the provisions force and effect. to be substituted in lieu of Jennings of the Natural Gas Act and the require­ (E) The certificate and certificate Petroleum Corp. as applicant. ments, rules, and regulations of the Com­ amendment herein are subject to the Petitioner and Applicant have made mission thereunder. conditions set forth in paragraphs (C), the ncessary rate filings for the subject (4) The proposed sale of natural gas (D), and (E) of the order accompanying sales which have heretofore been ac­ by Applicant in Docket No. CI65-1143 is Opinion No. 353, 27 FPC 449, and para­ cepted for filing as Supplement No. 2 required by the public convenience and graphs (B) and (C) of the order accom­ to Roland S. Bond FPS Gas Rate Sched­ necessity, and a certificate therefor panying Opinion No. 464, 33 FPC 1228. ule No. 1 and as Payne Petroleum Corp. should be issued as hereinafter ordered (F) Within 30 days from the issuance FPC Gas Rate Schedule No. 1 and Sup­ and conditioned. of this order Bond shall file a supple­ plement Nos. 1 through 3 thereto. (5) It is necessary and appropriate in ment to his FPC Gas Rate Schedule No. The subject petition and application carrying out the provisions of the Natu­ 1 for the sale of natural gas from acreage are consolidated for hearing and decision ral Gas Act and the public convenience added by Supplement No. 2 thereto pro­ with other applications for certificates and necessity require that the order viding for a rate of 17.0 cents per Mcf, for sales from the Oklahoma “Panhan­ issuing a certificate in Docket No. including tax reimbursement, adjusted dle” pricing area.1 , G-17090 should be amended as here­ for a proportional downward price for Bond and Payne have expressed their inafter ordered. the sale of natural gas containing less willingness to accept certificate authori­ (6) It is necessary and appropriate in than 1,000 B.t.u.'s per cubic foot as re­ zation conditioned as were the certifi­ carrying out the provisions of the Natu­ quired by Opinion Nos. 353 and 464. cates issued by Opinion No. 353, Michigan ral Gas Act that the subject application By the Commission. Wisconsin Pipe lin e Co., et al., CP61-102, and petition should be severed from the et al„ 27 FPC 449. Opinion No. 353 pro­ consolidated proceeding in Docket No. [seal] J oseph H. Gutride, vides for an initial price of 17.0 cents G-16878 et al. Secretary. per Mcf including tax reimbursement The Commission orders: [F.R. Doc. 67-2065; Filed, Feb. 23, 1967; plus upward and downward B.t.u. ad­ (A) A certificate of public convenience 8:46 a.m.] justment. and necessity is issued upon the terms [Docket No. CP67-223] After due notice petitions for leave to and conditions of this order authorizing intervene were filed in both dockets by the sale by Applicant in Docket No. CI65- VILLAGE OF SIMS, ILL., AND Michigan Wisconsin Pipe Line Co. and 1143 of natural gas in interstate com­ TRUNKLINE GAS CO. the county of Wayne, Mich. No further merce for resale for ultimate public con­ petitions for leave to intervene, notices of sumption, together, with the construction Notice of Application intervention or protests to the granting and operation of any facilities subject to F ebruary 15, 1967. of the applications have been received. the jurisdiction of the Commission nec­ Take notice that on February 7, 1967, Intervenors have expressed no objec­ essary therefor, all as hereinbefore de­ the village of Sims, 111. (Applicant), filed tions to the issuance of certificates at scribed and as more fully described in in Docket No. CP67-223 an application the 17.0-cent rate; and, inasmuch as said the application in this proceeding. pursuant to section 7(a) of the Natural rate has been found to be required by the (B) The certificate issued herein is not Gas Act for an order of the Commission public convenience and necessity for transferable and shall be effective only so directing Trunkline Gas Co. (Respond­ similar sales from the same area, the long as Applicant continues the acts or ent) to establish physical connection subject application and petition will be operations hereby authorized in accord­ with a transmission line to be con­ severed from the consolidated proceed­ ance with the provisions of the Natural structed by Applicant and to sell and ing and granted. Gas Act and the applicable rules, regu­ deliver to Applicant volumes of natural At a hearing held on February 9, 1967,; lations and orders of the Commission. gas for resale and distribution within the Commission on its own motion re­ (C) The grant of the certificate issued the village of Sims and along its 4 miles ceived and made a part of the record in in paragraph (A) above shall not be con­ of transmission line, all in Wayne Coun­ this proceeding all evidence, including strued as a waiver of the requirements ty, in the State of Illinois, all as more the application and petition, submitted of section 4 of the Natural Gas Act or of fully set forth in the application which in support of the authorizations sought ‘ Part 154 or Part 157 of the Commission’s is on file with the Commission and open herein, and upon consideration of the regulations thereunder and is without to public inspection. record. prejudice to any findings or orders which Applicant proposes to construct ap­ The Commission finds: have been or which may hereafter be proximately 4 miles of 2-inch welded (1) Applicant in Docket No. CI65-1143 made by the Commission in any proceed­ steel transmission lateral pipeline from is engaged in the sale for resale of natural ing now pending or hereafter instituted the point of interconnection with Re­ gas in interstate commerce for ultimate by or against Applicant. Further, our spondent’s facilities, at a point approxi­ public consumption and is, therefore, a action in this proceeding shall not fore­ mately 4 miles west of Applicant, to “natural-gas company” w ith in the close nor prejudice any future proceed­ Applicant’s proposed distribution sys­ meaning of the Natural Gas Act.2 ings or objections relating to the opera­ tem. Rural customers will be served by (2) The sale of natural gas herein­ tion of any price or related provisions in short line taps of Applicant’s transmis­ before described, as more fully described the gas purchase contract herein in­ sion lateral. in the application in Docket No. CI65- volved. The grant of the certificate Estimated peak day and annual vol­ 1143, will be made in interstate com­ herein for service to the particular cus­ umes required by Applicant are as merce subject to the jurisdiction of the tomer involved shall not imply approval follows: Commission, and such sale by Applicant, of all of the terms of the contract, par­ ticularly as to the cessation of service Second Third together with the construction and oper­ First year ation of any facilities subject to the upon termination of said contract, as year year jurisdiction of the Commission neces­ provided by section 7(b) of the Natural sary therefor, is subject to the require­ Gas Act. Nor shall the grant of the cer­ Annual requirements 22,050 tificate herein be construed to preclude (Mcf)______18,450 20,450 ments of subsections (c) and*(e) of sec­ Peak day requirements 242 tion 7 of the Natural Gas Act. the imposition of any sanctions pur­ (Mcf)...... - 213 227 (3) Applicant in Docket No. CI65- suant to the provisions of the Natural 1143 is able and willing properly to do Gas Act for the unauthorized commence­ Applicant estimates the total cost of ment of any sale of natural gas subject the proposed construction at approxi­ 1 The consolidated, proceeding was initially to said certificate. mately $120,000, said cost to be financed designated as The Superior Oil Co. (Operator) (D) The order issuing a certificate in through the issuance of 30-year gas rev­ et al., Docket No. G -16878, et al., by order Docket No. G-17090 is amended by au­ enue bonds. issued Sept. 15, 1966, and published in the Protests or petitions to in te rv e n e may F ederal R egister on Sept. 24, 1966, 31 FR. thorizing the sale of natural gas from be filed with the Federal P o w e r Com­ 12618. additional acreage as hereinbefore de­ 2 Payne is rendering service pursuant to a scribed and as more fully described in mission, Washington, D.C. 20426, in ac­ temporary certificate. the petition herein, and in all other re­ cordance with the rules of practice an FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3251 procedure (18 CPR 1.8 or 1.10) on or be­ other procedures) will be determined New Berlin, Wis., to points in Illinois on fore March 15,1967. \generally in accordance with the Com­ and north of U.S. Highway 30 (except J oseph H. Gutride, mission’s General Policy Statement points in the Chicago commercial zone), Secretary. Concerning Motor Carrier Licensing Pro­ under contract with Associated Grocers, cedures, published in the F ederal R eg­ Inc. Note: Dual operations may be in­ [FJR. Doc. 67-2066; Filed, Feb. 23, 1967; ister issue of May 3, 1966. This assign­ volved. If a hearing is-deemed neces­ 8:46 a.m.] ment will be by Commission order which sary, applicant requests it be held at will be served on each party of record. Milwaukee, Wis. The publications hereinafter set forth No. MC 6992 (Sub-No. 10), filed Feb­ INTERSTATE COMMERCE reflect the scope of the applications as ruary 6, 1967. Applicant: AMERICAN filed by applicants, and may include de­ RED BALL TRANSIT COMPANY, INC., COMMISSION | scriptions, restrictions, or limitations 200 Illinois Building, Indianapolis, Ind. [Notice 1031] which are not in a form acceptable to the 46209. Applicant’s representative: MOTOR CARRIER, BROKER, WATER Commission. Authority which ulti­ Homer S. Carpenter, 618 Perpetual mately may be granted as a result of the Building, Washington, D.C. 20004. Au­ CARRIER, AND FREIGHT FOR­ applications here noticed will not neces­ thority sought to operate as a common WARDER APPLICATIONS sarily reflect the phraseology set forth carrier, by motor vehicle, over irregular F ebruary 17, 1967. in the application as filed, but also will routes, transporting: Household goods as The following applications are gov­ eliminate any restrictions which are not defined by the Commission in Practices erned by Special Rule 1.2471 of the Com­ acceptable to the Commission. of Motor Common Carriers of Household mission’s general rules of practice (49 No. MC 1824 (Sub-No. 40), filed Feb­ Goods, 17 M.C.C. 467, between points in CFR, as amended), published in the F ed­ ruary 1, 1967. Applicant: PRESTON Hawaii, restricted to the handling of eral Register issue of April 20, 1966, ef­ TRUCKING COMPANY, INC., 151 traffic originating at or destined to out- fective May 20, 1966. These rules pro­ Easton Boulevard, Preston, Md. 21655. of-state points. Note: If a hearing is vide, among other things, that a protest Applicant’s representative: Frank V. deemed necessary, applicant requests it to the granting of an application must Klein (same address as applicant). , Au­ be held at Washington, D.C. be filed with the Commission within 30 thority sought to operate as a common No. MC 13123 (Sub-No. 42), filed days after date of notice of filing of the carrier, by motor vehicle, over irregular February 3, 1967. Applicant: WILSON application is published in the Federal routes, transporting: Prepared foodstuffs FREIGHT COMPANY, 3636 Follett Ave­ Register. Failure seasonably to file a (other than in bulk in tank vehicles), in nue, Cincinnati, Ohio 45223. Appli­ protest will be construed as a waiver of vehicles equipped with mechanical re­ cant’s representative: Milton H. Bortz opposition and participation in the pro­ frigeration, from the plantsite and/or (same address as applicant). Authority ceeding. A protest under these rules warehouses of the Pillsbury Co. at or sought to operate as a common carrier, should comply with § 1.247(d) (3) of the near East Greenville, Pa., to points in by motor vehicle, over irregular routes, rules of practice which requires that it Connecticut, Delaware, Maine, Mary­ transporting: (1) Iron and steel articles set forth specifically the grounds upon land, Massachusetts, New Hampshire, from Sharon and Wheatland, Pa., to which it is made, contain a detailed New Jersey, New York, North Carolina, points in Maine, New Hampshire, Ver­ statement of protestant’s interest in the Pennsylvania, Rhode Island, Vermont, mont, Massachusetts, Connecticut, and proceeding (including a copy of the spe­ Virginia, West (Virginia, and the District Rhode Island; (2) iron and steel from cific portions of its authority which pro- of Columbia. Note: If a hearing is Masury, Ohio, to points in Maine, New. testant believes to be in conflict with deemed necessary, applicant requests it Hampshire, Vermont, Massachusetts, that sought in the application, and de­ be held at Washington, D.C. Connecticut, and Rhode Island; and scribing in detail the method—whether No. MC 2484 (Sub-No. 43), filed Feb­ (3) iron and steel, and iron and steel by joinder, interline, or other means— ruary 1, 1967. Applicant: E. & L. articles from Sharon, Pa., to points by which protestant would use such au­ TRANSPORT COMPANY, a corporation, in Vermont, New Hampshire, Massachu­ thority to provide all or part of the serv­ Post Office Box 299, 14201 Prospect Ave­ setts, Connecticut, and Rhode Island. ice proposed), and shall specify with nue, Dearborn, Mich. Applicant’s rep­ Note: If a hearing is deemed necessary, particularity the facts, matters, and resentative: Eugene C. Ewald, Suite applicant requests it be held at Cleve­ things relied upon, but shall not include 1700,1 Woodward Avenue, Detroit, Mich. land, Ohio, Pittsburgh, Pa., or Washing­ issues or allegations phrased generally. 48226. Authority sought to operate as a ton, D.C. Protests not in reasonable compliance common carrier, by motor vehicle, over No. MC 13499 (Sub-No. 3), filed Feb­ with the requirements of the rules may irregular routes, transporting: Tractors ruary 1, 1967. Applicant: PACIFIC be rejected. The original and one copy and parts and accessories thereof, moving TRANSPORTATION LINES, INC., 443 of the protest shall be filed with the Com­ at the same time and with the tractors Delaware Avenue, 901 Fuhrman Boule­ mission, and a copy shall be served con­ of which they are a part, and on which vard, Buffalo, N.Y. 14202.. Applicant’s currently upon applicant’s representa­ they are or are to be installed in truck- representative: John H. Baker, 435 tive, or applicant if no representative is away service, from Romeo, Mich., to Delaware Avenue, Buffalo, N.Y. 14202. named. If the protest includes a request points in Illinois, Indiana, Kentucky, Authority sought to operate as a con­ lor oral hearings, such requests shall Michigan, Missouri, New Jersey, New tract carrier, by motor vehicle, over meet the requirements of § 1.247(d) (4) York, Ohio, West Virginia, Pennsylvania, irregular routes, transporting: Such of the special rule, and shall include the and Wisconsin. Note: If a hearing is merchandise as is dealt in by wholesale, certification required therein. deemed necessary, applicant requests it retail, and chain grocery and food busi­ Section 1.247(f) of the Commission’s be held at Detroit, Mich., or Washington, ness houses, and fixtures, equipment, rules of practice further provides that D.C. supplies and materials used in the con­ each applicant shall, if protests to its No. MC 6031 (Sub-No. 40), filed Jan­ duct of such business (except commodi­ application have been filed, and within uary 30, 1967. Applicant: BARRY ties in bulk in tank vehicles), from the u days of the date of this publication, TRANSFER & STORAGE COMPANY, a facilities of The Great Atlantic & Pacific “f. .the Commission in writing (1) corporation, 120 East National Avenue, Tea Co., Inc., at Horseheads, N.Y., to at it is ready to proceed and prosecute Milwaukee, Wis. 53204. A p p lica n t’s points within the territory bounded by application, or (2) that it wishes to representative: William C. Dineen, 710 a line beginning at Buffalo, N.Y., and ww w u application, failure in North Plankinton Avenue, Milwaukee, extending in a southwesterly direction ir1 i;he application will be dismissed Wis. 53203. Authority sought to operate along the shore of Lake Erie to Erie, Pa., oy the Commission. as a contract carrier, by motor vehicle, thence in a southeasterly direction mS^thf r Processing steps (whether over irregular routes, transporting: Such through Union City to Tionesta, Pa., modified procedure, oral hearing, or merchandise as is dealt in by wholesale, thence east through Ridgway and Saint retail, and chain grocery, and food busi­ Marys to Renovo, Pa., thence in a north­ cariC°fle® Special Rule 1.247 (as amène ness houses, and in connection therewith, easterly direction to Savona, N.Y., thence l n t ^ bt"ined by writing to the Secrel equipment, materials, and supplies used east to Greene, N.Y., thence in a ton, û S 20423!merCe Commission> Wash in the conduct of such businesses, from northeasterly direction to Richfield the plantsite of Associated Grocers, Inc., Springs, N.Y., thence north through FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3252 NOTICES

Mohawk, Herkimer, Newport, Old Forge, Highway 22 to Allentown, Pa., thence contract carrier authority under MC- and Newton Falls to Massena, N.Y. along U.S. Highway 222 to Lancaster, 21945 and subs thereunder, therefore, thence in a northwesterly direction to Pa., thence along U.S. Highway 30 to the dual operations may be involved. If a Louisville Landing, N.Y., .thence along bank of the Susquehanna River and hearing is deemed necessary, applicant the bank of the St. Lawrence River and thence southeast along the east bank of requests it be held at Concord or Man- the shore of Lake Ontario to Youngs­ the Susquehanna River to U.S. Highway Chester N.H. town, NY., and thence south along the 1 in Maryland, thence along U.S. High­ No. MC 35540 (Sub-No. 15), filed Feb­ east bank of the Niagara River (includ­ way 1 to Baltimore, Md., thence south­ ruary 6, 1967. Applicant: SCHRODER’S ing Grand Island) to Buffalo, N.Y., in­ east, across the Chesapeake Bay to Cen- EXPRESS, INC., 1550 Perin Street, Cin­ cluding the points named, and returned treville, Md., thence through Carville cinnati, Ohio 45204. Applicant’s repre­ merchandise and empty cartons on re­ and Ingleside, Md., to the Maryland-Del- sentative: George M. Catlett, 703-706 turn, under contract with The Great At­ aware State line, at or near Marydel, McClure Building, Frankfort, Ky. 40601. lantic & Pacific Tea Co., Inc. Note: If Md., thence along Delaware Highway 8 Authority sought to operate as a common a hearing is deemed necessary, appli­ to Dover, Del., and thence north along carrier, by motor vehicle, over regular cant requests it be held at Buffalo, N.Y. the Delaware River to point of beginning, routes, transporting: Plastic bags, boxes, No. MC 16831 (Sub-No. 14), filed Jan­ including all points on the described line, sheeting and film, plastic resins in bags uary 31, 1967. Applicant: La VERNE to Gloucester, N.J. Note: If a hearing or cartons, machines and machine parts W. SIMSON, doing business as MID is. deemed necessary, applicant requests used in the manufacture of plastic arti­ S E V E N TRANSPORTATION COM­ it be held at Washington, D.C. cles, and cardboard cartons, between the PANY, 2323 Delaware Avenue, Des No. MC 30022 (Sub-No. 88), filed Feb­ plantsites of the Mehl Manufacturing Moines, Iowa 50317. Applicant’s repre­ ruary 7, 1967. Applicant: PAUL S. Co., at Providence, Ky., and Evansville, sentative: Robert L. Page (same address CREBS, 277 Ninth Street, Northumber­ Ind.: From Providence over Kentucky as above). Authority sought to operate land, Pa. Applicant’s representative: Highway 120 to junction Alternate U.S. as a common carrier, by motor vehicle, Richard V. Zug, 1418 Packard Building, Highway 41, thence over Alternate U.S. over irregular routes, transporting: Iron Philadelphia, Pa. 19102. Authority Highway 41 to junction U.S. Highway 60, and steel and iron and steel articles as sought to operate as a common carrier, thence over U.S. Highway 60 to junction described in appendix V to the report in by motor vehicle, over irregular routes, U.S. Highway 41, thence over U.S. High­ Descriptions in Motor Carrier Certifi­ transporting: Dishwashers, crated, from way 41 to Evansville, and return over cates, 61 M.C.C. 209, between points in Muncie, Ind., to Allentown, Danville, the same route, serving no intermediate the St. Louis, Mo.-East St. Louis, 111., Pottsville, and Williamsport, Pa., and points. Note: Applicant states it pro­ commercial zone and Alton, 111., on the points in Adams, Blair, Bedford, Cam­ poses to tack the authority sought herein one hand, and, on the other, points in bria, Centre, Clearfield, Clinton, Cum­ with its existing regular route authority Iowa and Nebraska. Note: If a hearing berland, Fulton, Franklin, Huntingdon, at Evansville, Ind., in connection with the is deemed necessary, applicant requests Juniata, Mifflin, Perry, and Snyder Coun­ authority between St. Louis, Mo., and it be held at St. Louis, Mo. ties, Pa., and Allegany County, Md., and Cincinnati, Ohio. If a hearing is deemed No. MC 29919 (Sub-No. 14), filed Jan­ refused, damaged, or defective merchan­ necessary, applicant requests it be held uary 30, 1967. Applicant: KOWAL- dise, on return. Note: If a hearing is at Cincinnati, Ohio, or Louisville, Ky. SKY’S EXPRESS SERVICE, 2235 West deemed necessary, applicant requests it No. MC 35628 (Sub-No. 275), filed Feb­ Main Street, Millville, N.J. Applicant’s be held at Harrisburg, Pa., or Washing­ ruary3, 1967. Applicant: INTERSTATE representative: Charles E. Creager, Post ton, D.C. MOTOR FREIGHT SYSTEM, a corpora­ Office Box 81, Winchester, Va. 22601. No. MC 30844 (Sub-No. 234), filed Feb­ tion, 134 Grandville, SW., Grand Rapids, Authority sought to operate as a com­ ruary 2, 1967. Applicant: KROBLIN Mich. 49502. Applicant’s representative: mon carrier, by motor vehicle, over ir­ REFRIGERATED XPRESS, INC., 2125 Leonard D. Verdier, Jr., 1 Vandenberg regular routes, transporting: (1) Glass­ Commercial, Waterloo, Iowa 5074. Ap­ Center, Grand Rapids, Mich. 49502. Au­ ware, plastic articles, and closures there­ plicant’s representative: Truman A. thority sought to operate as a c o m m o n for, from Gloucester City, N.J., to points Stockton, Jr., The 1650 Grant Site carrier, by motor vehicle, over regular in Nassau and Suffolk Counties, N.Y., Building, Denver, Colo. 80202. Authority routes, transporting: General c o m m o d i­ points in the New York, N.Y., commer­ sought to operate as a common carrier, ties (except class A and B explosives, cial zone, and Suffem, N.Y.; points in by motor vehicle, over irregular routes, household goods as defined by the Com­ Connecticut, and points in that part of transporting: Machinery and machine mission, and commodities in bulk), be­ Pennsylvania, Maryland, and Delaware parts, crated and uncrated, and (2) ma­ tween Wilkes-Barre and Bedford, Pa., bounded by a line beginning at Easton, chinery and machine parts crated over U.S. Highway 309 to junction Penn­ Pa., and extending along U.S. Highway and uncrated which are of unusual sylvania Highway 118, thence over Penn­ 22 to Allentown, Pa., thence along U.S. value and, because of their size, require sylvania Highway 118 to junction U.S. Highway 222 to Lancaster, Pa., thence special equipment of special handling, Highway 220, thence over U.S. Highway along U.S. Highway 30 to the bank of from Cedar Rapids, Iowa, to points in the 220 to Bedford, and return over the same the Susquehanna River, and thence United States (except Alaska and Ha­ route, as an alternate route for operating southeast along the east bank of the waii). Note: If a hearing is deemed convenience only in connection with car­ Susquehanna River to U.S. Highway 1 in necessary, applicant requests it be held rier’s presently authorized regular-route Maryland, thence along U.S. Highway 1 at Denver, Colo., or Washington, D.C. operations. Note : If a hearing is deemed to Baltimore, Md., thence southeast, No. MC 32948 (Sub-No. 15), filed necessary, applicant requests it be held across the Chesapeake Bay to Centre- February 2, 1967. Applicant: P.A.K. at Lansing or Detroit, Mich. ville, Mdr, thence through Carville and TRANSPORT, INC., 96 Laurel Street, No. MC 36291 (Sub-No. 3), filed Febru­ Ingleside, Md., to the Maryland-Dela- Newport, N.H. Applicant’s representa­ ary 6, 1967. Applicant: PETTIGREW ware State line, at or near Marydel, Md., tive: Andre J. Barbeau, 795 Elm Street, TRUCKING, IND Rural Delivery 4, thence along Delaware Highway 8 to Manchester, N.H. Authority sought to White Township, Indiana, Pa. 15701. Dover, Del., and thence north along the operate as a common carrier, by motor Applicant’s representative: Harry M. Delaware River to point of beginning, vehicle, over irregular routes, transport­ Wick, Jr., 1515 Park Building, Pitts­ including all points on the described ing: Junk, salvage, scrap, waste, and re­ burgh, Pa. 15222. Authority sought to line; and (2) Pallets and Containers processed materials in dump and espe­ operate as a contract carrier, by motor used for the transportation of commodi­ cially designed scrap trailers, between vehicle, over irregular routes, transport­ ties specified above, and returned re­ points in New Hampshire and Vermont ing: Plumbing fixtures and fittings jected shipments of (1) above, from Suf­ on the one hand, and, on the other, therefor, from Scranton, Pa., to points fem, N.Y., and points in Nassau and Hartford, Norwich, and New Haven, in Connecticut, Delaware, Maine, Mary­ Suffolk Counties, N.Y., and points in the Conn., Providence, R.I., and Hopedale land, Massachusetts, New Hampshire, New York, N.Y., commercial zone, points and Braintree, Mass. Note: Applicant New Jersey, New York, Ohio, Pennsyl­ in Connecticut, and points in that part indicates tacking possibilities at a point vania, Rhode Island, Vermont, Virginia, of Pennsylvania, Maryland, and Dela­ in New Hampshire serving points in West Virginia, and the District of Co­ ware bounded by a line beginning at Connecticut and Maine. No duplicat­ lumbia, under contract with American Easton, Pa., and extending along U.S. ing authority sought. Applicant holds Radiator and Standard Sanitary Coip. FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3253 -- „ A Note: If a hearing is deemed necessary, No. MC 45736 (Sub-No. 28), filed Feb­ Watseka over U.S. Highway 24 to junc­ applicant requests it be held at Washing­ ruary 6, 1967. Applicant: GUIGNARD tion Illinois Highway 49, thence over ton, D.C., or Newark, N. J. FREIGHT LINES, INC., Highway 21 Illinois Highway 49 to junction U.S. No. MC 39443 (Sub-No. 19) filed Feb­ North, Post Office Box 26067, Charlotte, Highway 36, thence over U.S. Highway ruary 1, 1967. Applicant: THOMPSON, N.C. 28213. Applicant’s representative: 36 to junction Illinois Highway 130 at INC., 4800 Broadway, Quincy, 111. 62301. W. D. Turner, Sr., 1415 East Boulevard, Camargo, 111., thence over Illinois High­ Applicant’s representative: Mack Ste­ Post Office Box 3715, Charlotte, N.C. way 130 to Villa Grove, and return over phenson, 42 Fox Mill Lane, Springfield, 28203. Authority sought to operate as the same route serving the intermediate 111. 62707. Authority sought to operate a common carrier, by motor vehicle, over and off-route points of Ellis, Carlock, as a common carrier, by motor vehicle, irregular routes, transporting: (1) News­ Coaler, Woodland, Bryce, Goodwine, over irregular routes, transporting: Dry print paper, groundwood paper, printing Fountain Creek, Hustle, Reilly, Gerald, animal and poultry feeds, in bulk, and, paper, and woodpulp, from Catawba, Dailey, Royal, Pauline, Glover, Tipton, dry animal and poultry fded ingredients, S.C., to points in Florida, (2) materials, Rutherford, Block, and Bongard, 111., (2) in bulk, between Quincy, 111., on the equipment, and supplies used in the between Watseka and Danville, 111.: one hand, and, on the other, points in manufacture of paper (except commod­ From Watseka over U.S. Highway 24 to Indiana, Kansas, Michigan, Minnesota, ities in bulk), from points in Florida, to junction Illinois Highway 1, thence over and Ohio. N ote : If a hearing is deemed Catawba, S.C. Note: If a hearing is Illinois Highway 1 to Danville, and re­ necessary, applicant requests it be held deemed necessary, applicant requests it turn over the same route serving the at Springfield, 111., or St. Louis, Mo. be held at Charlotte, N.C. intermediate and off-route points of Mil­ No. MC 42261 (Sub-No. 92), filed Jan­ No. MC 51146 (Sub-No. 52), filed Jan­ ford, Wellington, Hoopeston, Canning uary 31, 1967. Applicant: LANGER uary 30, 1967. Applicant: SCHNEIDER Spur, Rossville, Carlock, Coaler, Wood­ TRANSPORT CORP., Route 1, Foot of TRANSPORT & STORAGE, INC., 817 land, Alvin, Bismarck, and West Newell, Danforth Avenue, Jersey City, N.J. 07303. McDonald Street, Green Bay, Wis. 54306. HI. Applicant’s representative: W. C. Mitch­ Applicant’s representative: Charles W. (3) Between Danville and Villa Grove, ell, 140 Cedar Street, New York, N.Y. Singer, 33 North La Salle Street, Chi­ 111.: From Danville over Illinois Highway 10006. Authority sought to operate as a cago, 111. 60602. Authority sought to op­ 1 to junction U.S. Highway 150, thence common carrier, by motor vehicle, over erate as a common carrier, by motor ve­ over U.S. Highway 150 to junction U.S. regular routes, transporting: Petroleum hicle, over irregular routes, transporting: Highway 36 near Chrisman, thence over and petroleum products (except petro­ Cellulose materials and products, cellu­ U.S. Highway 36 to junction Illinois leum chemicals), in bulk, in tank ve­ lose materials and products joined to or Highway 130 at Camargo, thence over hicles, from Marcus Hook, Pa., to points combined with paper, plastics, cloth and Illinois Highway 130 to Villa Grove, and in Georgia and South Carolina. Note: other materials, supplies incidental to the return over the same route serving the Applicant states that it intends to tack use of the foregoing described commodi­ intermediate and off-route points of at Marcus Hook, Pa., with its present ties, products manufactured or distrib­ Westville, Bunsen, Switch, Maring, authority in MC-42261 and Sub 33, uted by manufacturers or converters of Grape Creek, Riola, Indianola, Scone, wherein it is authorized to operate in hospital and medical supplies, and re­ Sidell, Hastings, Allerton, Broadlands, Connecticut, Delaware, New Hampshire, lated premiums and advertising mate­ Long View, and Fairland, III., (4) be­ New Jersey, New York, and Pennsyl­ rials, when. shipped with the above de­ tween Rossville and Sidell, 111.: From vania. If a hearing is deemed necessary, scribed commodities, from Greenwood, Rossville over Illinois Highway 1 to junc­ applicant requests it be held at Washing­ S.C., to St. Louis, Mo., and points in Illi­ tion U.S. Highway 136, thence over U.S. ton, D.C. ' nois, Indiana, Iowa, Michigan, Minne­ Highway 136 to junction Illinois High­ No. MC 43654 (Sub-No. 69>, filed Feb­ sota, Ohio, and Wisconsin. Note : Appli­ way 49, thence over Illinois Highway 49 ruary 3, 1967. Applicant: DIXIE OHIO cant states the purpose of the application to junction U.S. Highway 150, thence EXPRESS, INC., Post Office Box 750, is not to allow tacking. This would be over U.S. Highway 150 to junction un­ Akron, Ohio 44309. Authority sought to done only as an incidental part of opera­ numbered highway at Muncie, 111., theftce operate as a common carrier, by motor tions if the need arises in the future. over unnumbered highway to Sidell, and vehicle, over regular routes, transport­ This could be done under many of the return over the same route serving the ing: General commodities (except those applicants pending and present subs. If intermediate and off-route points of of unusual value, classes A and B ex­ a hearing is deemed necessary, appli­ Henning, Bennett, Ryan, Jamaica, plosives, household goods as defined by cant requests it be held at Washington, Maizetown, Jam esburg, C ollison, the Commission, commodities in bulk and D.C. Brothers, and Bronson, 111., (5) between those requiring special equipment), No. MC 52858 (Sub-No. 106), filed Feb­ Dawson Park, 111., and Cissna Park, HI.: serving the plantsite of the Tennessee ruary 2, 1967. Applicant: CONVOY From Dawson Park over unnumbered Valley Authority (TVA) Nuclear Power COMPANY, a corporation, 3900 North­ highway to junction Illinois Highway 1 Plant at or near Browns Ferry, Ala., west Yeon Avenue, Portland, Oreg. 97210. at Milford, 111., thence over Illinois High­ located on the north bank of the Ten­ Applicant’s representative: Marvin Han­ way 1 to junction unnumbered highway nessee River near Athens, Ala., and dler, 405 Montgomery Street, Suite 1401, north of Wellington, 111., thence over Points located in those parts of Lawrence, San Francisco, Calif. 94104. Authority unnumbered highway to Cissna Park, Lauderdale, Limestone, and Morgan sought to operate as a common carrier, and return over the same route serving Counties, Ala., bounded by Alabama by motor vehicle, over irregular routes, the intermediate and off-route points of highway 101 on the west, U.S. Highway transporting: Trailers, from the plant- Honeywell, Stockland, Crawford Switch, •2 on the north, U.S. Highway 31 on the site of Thiokol Chemical Corp. at Logan, Milford, Alonzo, Hickman, Goodwine, east and Alabama Highway 20 on the Utah, to points in Arizona, California, and Claytonville, 111. south, including points thereon, as off- Colorado, Idaho, Montana, Nevada, New (6) (a) Between Villa Grove, and oute points in connection with appli- Mexico, Oregon, Utah, Washington, Thebes, 111.: From Villa Grove over un­ ants regular route authority between Wyoming, and Alaska. Note: If a hear­ numbered county highway to junction f^ron, Ohio, and Birmingham, Ala., in ing is deemed necessary, applicant re­ U.S. Highway 45 at Tuscola, 111., thence Docket MC 43654 and subs thereto. quests it be held at Salt Lake City, Utah. over U.S. Highway 45 to junction Illinois Note; Applicant states it will tack at No. MC 57688 (Sub-No. 3), filed Janu­ Highway 133, thence over Illinois High­ ary 18, 1967. Applicant: CHICAGO & Points on U,S. Highway 31 between way 133 to junction Illinois Highway 32, EASTERN ILLINOIS RAILROAD COM­ thence over Illinois Highway 32 to junc­ t ' ® and Decatur, Ala., including both PANY, a corporation, 646 Chicago Road, tion unnumbered county highway near 0 ^ese Points, in connection with ap- Chicago Heights, HI. 60411. Applicant’s Bruce, 111., thence over unnumbered 1b’s Aguiar route authority in MC representative: P. C. Mullen (same ad­ county highway to junction Illinois High­ and subs thereto. If a hearing is dress as applicant). Authority sought way 128, thence over Illinois Highway 128 eemed necessary, applicant requests it to operate as a common carrier, by motor to Shelbyville, 111., thence over Illinois vehicle, over regular routes, transport­ Highway 16 to junction unnumbered oe held at Atlanta, Ga., Washington, ing: General commodities, (1) between d.C., or Columbus, Ohio. county highway, thence over unnum­ Watseka and Villa Grove, 111.: From bered county highway to junction Illinois

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3254 NOTICES

Highway 33, thence over Illinois Highway junction Hlinois Highway 128, thence Chicago Heights, thence over 14th Street 33 to junction Illinois Highway 128, over Hlinois Highway 128 to junction to junction East End Avenue, thence thence over Illinois Highway 128 to junc­ Hlinois Highway 16, thence over Illinois over East End Avenue through South tion U.S. Highway 40, thence over U.S. Highway 16 to Pana, HI.), thence over Chicago Heights and Steger to Junction Highway 40 to Altamont, 111., thence Hlinois Highway 16 through Tower Hill, Illinois Highway 1, thence over Illinois over U.S. Highway 40 to junction un­ Pana, Rosamon, Nokomis, Witt, and Irv­ Highway 1 through Crete, Goodenow, numbered county highway southwest of ing, HI., to junction Hlinois Highway 127 Beecher, Grant Park, and Momence to St. Elmo, 111., thence over unnumbered at Hillsboro, HI., thence over Hlinois junction unnumbered highway south of county highway to junction Illinois High­ Highway 127 to Taylor Springs, thence Momence, thence over unnumbered high­ way 185 (Also: From Shelbyville, 111., over Hlinois Highway 127 to junction way to Wichert, thence over unnumbered over Illinois Highway 16 to junction Hlinois Highway 16 at Hillsboro, thence highway to junction Hlinois Highway 1, Illinois Highway 32, thence over Illinois over Hlinois Highway 16 to junction U.S. thence over Illinois Highway 1 through Highway 32 to junction U.S. Highway 40 Highway 66; between Hamel, HI., and St. Anne, to junction unnumbered high­ at Effingham, HI., thence over U.S. intersection Hlinois State line and U.S. way south of St. Anne, thence over un­ Highway 40 through Altamont, 111., and Highway bypass 40 and bypass 66; numbered highway to Parineau, thence St. Elmo, HI., to junction Hlinois High­ between junction U.S. Highway bypass over said unnumbered highway to junc-- way 185, thence over Hlinois Highway 66 and U.S. Highway 66 at Hamel, HI., tion Hlinois Highway» 1, thence over Illi­ 185 to Loogootee, HI.), thence over Hli­ and intersection Hlinois State line and nois Highway 1 through Martinton to nois Highway 185 to junction Illinois Interstate Highways 55 and 70 over U.S. junction unnumbered highway south of Highway 37, thence over Hlinois High­ Highway 66 and Interstate Highways 55 Martinton, thence over said unnumbered way 37 to junction unnumbered county and 70; between junction U.S. Highway highway to Pittwood, thence over said highway south of Joppa Junction, thence bypass 66 and U.S. Highway 66 at Hamel, unnumbered highway to Hlinois Highway over unnumbered county highway to HI., and intersection of Illinois State 1, thence over Illinois . Highway 1 to junction U.S. Highway 51 at Wetaugh, line and U.S. Highway 66 over U.S. High­ Watseka, and return over the same route HI., thence over U.S. Highway 51 to junc­ way 66 and Interstate Highways 55 and serving the intermediate and off-route tion unnumbered county highway at 70; between junction Hlinois Highway 111 points of Kensington, Dolton, South Ullin, HI., thence over unnumbered and U.S. Highway bypass 40 and bypass Holland, Thornton, Chicago Heights, county highway to junction Illinois High­ 66 and junction Hlinois Highway 11 and South Chicago Heights, Steger, Crete, way 127, thence over Hlinois Highway Interstate Highways 55 and 70 over Illi­ Goodenow, Beecher, Grant Park, Mo­ 127 to junction unnumbered county nois Highway 111; between junction mence, Wichert, St. Anne, Papineau, highway at Tamms, HI., thence over un­ Illinois Highway 111 and Illinois High­ Martinton, and Pittwood, 111. Note: numbered county highway to junction way 162 and intersection of Illinois State Applicant states that the Commission’s Hlinois Highway 3, thence over Hlinois line and Main Street, Venice, HI., at order authorizing the Missouri Pacific Highway 3 to Thebes, HI. (Also: From McKinley Bridge over Illinois Highway Railroad Co. to acquire stock control of Joppa Junction over Illinois Highway 37 162, thence over U.S. Highway Alternate applicant has been affirmed by the Su­ to junction unnumbered county highway 67 to junction Illinois Highway 3 into preme Court, thus this application. The north of Grand Chain, HI., thence over Venice, HI., thence over Broadway to Louisville & Nashville Railroad Co. has unnumbered county highway to junction Main Street, thence over Main Street and beneficial ownership of 275,464 shares of Hlinois Highway 127, thence over Hlinois over McKinley Bridge to East St. Louis, applicant’s stock out of 1,297,006.798 Highway 127 to junction Illinois High­ and return over the same route serving shares. If a hearing is deemed neces­ way 3, thence over Illinois Highway 3 to the intermediate and off-route points of sary, applicant requests it be held at Olive Branch), and (b) between Joppa Westervelt, Henton, Dollville, Pana, Chicago, 111., , or Washington, D.C. Junction and Joppa, HI.: From Joppa Rosamond, Ohlman, Nokomis, Witt, Irv­ No. MC 61396 (Sub-No. 178), filed Junction over Hlinois Highway 37 to ing, Hillsboro, Taylor Springs, Living­ February 6, 1967. Applicant: HERMAN junction Illinois Highway 169, thence ston, Mitchell Yard, Mitchell, Nameoki, BROS., INC., Post Office Box 189, 2501 over Illinois Highway 169 to junction Granite City, and Madison, HI. and North 11th Street, Omaha, Nebr. 68102. U.S. Highway 45, thence over U.S. High­ (8) Between Chicago, and Watseka,Applicant’s representative: Donald L. way 45 to junction unnumbered county HI.: From Chicago at 12th and Clark Stem, 630 City National Bank Building, highway south of Choat, HI., thence over Streets, thence over 12th Street to junc­ Omaha, Nebr. 68102. Authority sought unnumbered county highway to Joppa, tion Wabash Avenue, thence over Wa­ to operate as a common carrier, by motor HI., and return over the same routes, bash Avenue to 63d Street, thence over vehicle, over irregular routes, transport­ serving the intermediate and off-route 63d Street to State Street, thence over ing: Cement, in bulk, between points in points of West Ridge, Tuscola, Craigs, State Street to 95th Street (Also: From Alabama, Arkansas, Georgia, Iowa, Illi­ Bourbon, Arthur, Cad well, Chipps, Sul­ Clark and Taylor Streets over Taylor nois, Kansas, Kentucky, Upper Peninsula livan, Kirksville, Findlay, Shelbyville, Street to junction State Street, thence of Michigan, Minnesota» Missouri, Mis­ Clarksburg, Mode, Holland, Moccasin, over State Street to junction 95th sissippi, North Dakota, North Carolina, Altamont, St. Elmo, St. James, Loogoo­ Street), thence over 95th Street to Michi­ Nebraska, Oklahoma, South Dakota, tee, St. Peter, Kinmundy, Brubaker, gan Avenue, thence over Michigan Ave­ South Carolina, Tennessee, Virginia, and Salem, Carter, Kell, Texico, Mount Ver­ nue to 126th Street, Kensington, thence Wisconsin, restricted to shipments hav­ non, Bonnie, Ina, Whittington, Benton, over 126th Street to junction Indiana ing a prior rail or water movement from Orient, West Frankfort, Johnston City, Avenue, thence over Indiana Avenue to plantsites and shipping origins of Dundee Marion, Goreville, Buncombe, West junction Leyden Avenue, thence over Cement Co. Note : If a hearing is Vienna, Cypress, Joppa Junction, Oberts, Leyden Avenue to junction South Park deemed necessary, applicant requests it Perks, Ullin, Tamms, Olive Branch, Fay- Avenue, thence over South Park Avenue be held at Omaha, Nebr., Chicago, 111., or ville, Chasco, Mains, Spur, Karnak, and through South Holland to junction Elea­ St. Louis, Mo. Boaz, HI. in connection with (a) and nor Street, Thornton, thence over Elea­ No. MC 64820 (Sub-No. 8), filed Jan­ (b) above. nor Street to junction Illinois Highway uary 30, 1966. Applicant: PARADIS (7) between Findlay and East St. Louis,83 (Also: From junction 126th Street and TRANSFER AND STORAGE CO., INC., HI.: From Findlay over unnumbered Indiana Avenue over Indiana Avenue to 908 South Grape, Medford, Oreg. Appli­ county highway to junction Hlinois junction Illinois Highway 83, thence over cant’s representative: Earle V. White, Highway 128, thence over Hlinois High­ Hlinois Highway 83 to Thornton), thence 2130 Southwest Fifth Avenue, Portland, way 128 to junction unnumbered high­ oyer Hlinois Highway 83 through Thorn­ Oreg. 97201. Authority sought to oper­ way, thence over unnumbered county ton and Glenwood to junction unnum­ ate as a common carrier, by motor ve­ highways through Westervelt and Hen- bered highway (known as Glenwood- hicle, over irregular routes, transporting: ton, HI., to Dollville, HI., thence over un­ Chicago Heights Road), thence over Fruit bins, (1) from points in Jackson unnumbered highway (known as Glen- County, Oreg., to points in Klickitat and numbered county highways to junction wood-Chicago Heights Road) to junction Yakima Counties, Wash., and (2) from Hlinois Highway 16 (Also: From Findlay Hlinois Highway .1, thence over Hlinois points in Yakima County, Wash., to over unnumbered county highway to Highway 1 to junction with 14th Street, points in Jackson County, Oreg. Note:

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3255

If a hearing is deemed necessary, appli­ fined by the Commission, commodities in At Birmingham, Ala., applicant also cant requests it be held at Portland, bulk, and those requiring special equip­ intends to join the proposed routes with Oreg. ment), (1) between Detroit and Bay City, existing and proposed regular routes No. MC 64932 (Sub-No. 423), filed Jan­ Mich.; from Detroit over Interstate under Docket No. MC 73464 and MC uary 30, 1967. Applicant: ROGERS Highway 75 to Saginaw, Mich., thence 73464 Sub 96. The purpose of this ap­ CARTAGE CO., a corporation, 1439 West over Michigan Highway 13 to Bay City, plication is to provide for all regular 103d Street, Chicago, 111. 60643. Appli­ and return over the same route, serving routes between Birmingham, Ala., and cant’s representative: Carl L. Steiner, the intermediate points of Flint, Pontiac, the involved Michigan points. The 39 South La Salle Street, Chicago, 111. Saginaw, and Troy, Mich., and the off- above-described regular route between 60603. Authority sought to operate as route points of Ann Arbor, East Lansing, Birmingham, Ala., and Detroit, Mich., is a common carrier, by motor vehicle, over Jackson, Lansing, Midland, Swartz via the same highways as specified for irregular routes, transporting: Diam­ Creek, Willow Run, and Ypsilanti, Mich., operations between those points in ap­ monium phosphate, in bulk, except in and serving Detroit for the purposes of plicant’s “conversion” application MC dump vehicles from De Pue, 111., to points joinder only, (2) between Toledo, Ohio, 73464 (Sub-No. 95) filed March 1, 1965, in Illinois, Iowa, Wisconsin, Missouri, and Bay City, Mich.; from Toledo over pursuant to MC-C-4366. The instant Minnesota, Nebraska, Kansas, South U.S. Highway 223 to junction U.S. High­ application is deemed necessary in order Dakota, North Dakota, Indiana, Ohio, way 23, thence over U.S. Highway 23 to that the authority sought between Bir­ and Michigan. Note: If a hearing is junction Interstate Highway 75, thence mingham, Ala., and the involved Michi­ deemed necessary, applicant requests it over Interstate Highway 75 to junction gan points will be entirely via regular be held at Chicago, 111. Michigan Highway 13, thence over Mich­ routes and thereby conform (a) to the No. MC 64994 (Sub-No. 89), filed Jan­ igan Highway 13 to Bay City, and re­ actual operations presently being con­ uary 30, 1967. Applicant: HENNIS turn over the same route, serving the ducted between Birmingham and Tole- FREIGHT LINES, INC., Post Office Box intermediate points of Ann Arbor, Flint, do-Detroit as described in applicant’s 612, Winston-Salem, N.C. 27102. Appli­ Ypsilanti, and Saginaw, Mich., and the aforesaid “conversion” application (MC cant’s representatives: Prank C. Philips off-route points of East Lansing, Jack- 73464 Sub 95), and (b) to the true nature (same address as above) and James E. son, Lansing, Midland, Pontiac, Swartz of the operations contemplated by the Wilson, 1735 K Street NW„ Washington, - Creek, Troy, and Willow Run, Mich., and instant proposal. The instant applica­ D.C. 20006. Authority sought to oper­ serving Toledo fori the purposes of joinder tion is further deemed necessary in order ate as a common carrier, by motor ve­ only, and that the link between applicant’s pro­ hicle, over irregular routes, transporting: (3) Between Birmingham, Ala., and posed Michigan regular routes numbers Clay, other than in bulk, from Gardner, Detroit, Mich.; from Birmingham, over (1) and (2) supra, and applicant’s exist­ McIntyre, Oconee, Huber, and Staple- U.S. Highway 31 to Nashville, Tenn. (also ing regular route south of Birmingham ton, Ga., to points in Illinois, Indiana, from Pulaski, Tenn., over Alternate U.S. will be a regular route and not an irreg­ Ohio, and those in that part of Michi­ Highway 31 to Nashville, Tenn.), thence ular route in the event the instant ap­ gan on and south of Michigan Highway over U.S. Highway 31W to Elizabethtown, plication should be granted prior to the 21. Note: If a hearing is deemed neces­ Ky., thence over Interstate Highway aforesaid “conversion” application. Ap­ sary, applicant requests it be held at 65 to Louisville, Ky., thence over U.S. plicant does not seek duplicating au­ Washington, D.C. Highway 42 to Cincinnati, Ohio (also thority. To the extent the authority No. MC 68539 (Sub-No. 25), filed Feb­ from Bedford, Ky., over U.S. Highway sought herein duplicates any authority ruary 12, 1967. Applicant: ROMANS 421 to Versailles, Ind., thence over U.S. proposed by applicant in MC 73464 Subs MOTOR FREIGHT, INC., Ord, Nebr. Highway 50 to Cincinnati), thence over 95 and 101, applicant requests only one Applicant’s representatives: Duane W. U.S. Highway 25 to Detroit, and re­ operating right. The purpose of this re­ Acklie, Post Office Box 2028, Lincoln, turn over the same route, serving Bir­ publication is to clarify the application. Nebr., and Jack Romans, Box 278, Broken mingham, Ala., serving the interme­ If a hearing is deemed necessary, appli­ Bow, Nebr. Authority sought to operate diate point of Toledo, Ohio, only for the cant requests it be held at Birmingham, as a common carrier, by motor vehicle, purpose of joinder with existing and pro­ Ala., and Detroit, Mich. over irregular routes, transporting: (1) posed routes, serving the terminal point No. MC 79496 (Sub-No. 2) (Amend­ Plastic articles (except foam, cellular, of Detroit only for the purpose of joinder ment) , filed January 19, 1965, published or expanded, and commodities in bulk), with existing afid proposed routes, and F ederal R egister issue of February 10, from the plantsite of Plasti-Vac Corp. serving all points within 15 miles of Bir­ 1965, amended February 9, 1967, and re­ at Montgomery, Pa., to points in Ne­ mingham, Ala., as off-route points. published as amended this issue. Appli­ braska on and west of U.S. Highway 77; Note: Applicant states it intends to tack cant: WHITE STAR VAN AND STOR­ and, (2) glass tubing, from the plantsite or join the proposed routes at Detroit, AGE, INC., 3324 Smith Street, Everett, of Owens-Illinois Glass Co., at Vineland, Mich., and Toledo, Ohio, with presently W a sh . Applicant’s representative: N.J., to points in Nebraska on and west held irregular route authority, thereby George R. LaBissoniere, 920 Logan Build­ °J u s - Highway 77. Note: Applicant providing a single line service between ing, Seattle, Wash. 98101. Authority states that the above-proposed opera­ the involved Michigan points, on the one sought to operate as a common carrier, tions will be restricted to traffic origi- hand, and, on the other Andalusia, An­ by motor vehicle, over irregular routes, nating at the two above-mentioned niston, Attalla, Birmingham, and points transporting: Household goods, as de­ Piantsites. If a hearing is deemed neces­ within 15 miles thereof, Brewton, Demop- fined in Practices of Motor Common Car­ sary applicant requests it be held at olis, Dothan, Elba, Enterprise, Eufala, Washington, D.C. riers of Household Goods, 17 M.C.C. 467, Evergreen, Gadsden, Georgiana, Green­ between points in Washington. Note: No. MC 73464 (Sub-No. 106) (Clari- ville, Montgomery, Opelika, Opp, Ozark, The purpose of this republication is to ncatum), filed Janpary 9, 1967, publish- and Prattville, Ala. At the aforesaid remove the restriction, thereby, broad­ i L i DE,RA1, Register issue of January 26, Alabama points, as well as the terminal ening the scope of the application. If darified February 13, 1967, and point of Birmingham, Ala., specified in a hearing is deemed necessary, applicant republished as clarified this issue. Ap- (3) above, applicant intends to interline requests it be held at Seattle, Wash. Plicant: JACK COLE COMPANY,*a cor­ the involved traffic with all available car­ No. MC 83539 (Sub-No. 204), filed Feb­ poration, 1900 Vanderbilt Road, Birming- riers, including its subsidiary, Dixie ruary 6,1967. Applicant: C & H TRANS­ Ala' 3i>20L Applicant’s repre- Highway Express, Inc., which applicant PORTATION CO., INC., 1935 West Com­ S atlv^s: R- J- Reynolds III, 403 controls pursuant to authority granted in merce Street, Dallas, Tex. 75222. Appli­ Healey Building, Atlanta, Ga. 30303, and Docket No. MC-F-8373. Dixie Highway cant’s representative: W. T. Brunson, 419 rE®®* R- Stiverson, 50 West Broad Express, Inc., holds authority under Northwest Sixth Street, Oklahoma City, street, Columbus, Ohio 43215. Author- Okla. 73102. Authority sought to operate r?L.SKUg*1v ° operate as a common car- Docket No. MC 108185 and effective Subs, and operates over a system of regular as a common carrier, by motor vehicle, VT»by vehicle, over regular routes, over irregular routes, transporting: (1) General commodities (ex- routes in the States of Alabama, Georgia, Iron or steel articles, in bales or bundles, P those of unusual value, classes A and Illinois, Kentucky, Louisiana, Missis­ which require the use of special equip­ explosives, household goods as de­ sippi, Missouri, and Tennessee. ment; plates, posts, angles, forms, sheets,

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3256 NOTICES rounds, channels, "beams, ingots, piling, V. Baker Smith, 2107 Fidelity-Philadel- vehicle, over irregular routes, transport­ billets, blooms, reinforcing rods, bars, phia Trust Building, Philadelphia, Pa. ing: Oleomargarine, salad dressing, co- wire mesh, and pipe; from Baytown, Authority sought to operate as a common coanut oil, vegetable oil, cooking oil, Beaumont, Brownsville, Corpus Christ!, carrier, by motor vehicle, over irregular shortening, stearine, stearate, mayon­ Eagle Pass, Freeport, Galveston, Hidalgo, routes, transporting: Glass or plastic naise, and related advertising matter Houston, Laredo, Orange, Port Arthur, containers, jars, packing glasses, and when moving in mixed shipments with Port Isabel!, Presidio, and Victoria, Tex., jelly tumblers; caps, covers, stoppers, the specified commodities (except in bulk to points in Arkansas, Louisiana, New and tops; corrugated paper boxes and in tank vehicles), from Columbus, Ohio, Mexico, Oklahoma, and Texas, and (2) paper containers, from Freehold, N.J., to to points in Michigan, New York, Penn­ iron or steel articles, which require the points in New York, Pennsylvania, Ohio, sylvania, Virginia, West Virginia, North use of special equipment; sheets, beams, and West Virginia. Note: If a hearing Carolina, South Carolina, Georgia, Ala­ plates, and coils, from Baytown, Beau­ is deemed necessary, applicant requests bama, and Florida. Note: Common mont, Brownsville, Corpus Christi, Eagle it be held at Washington, D.C. control may be involved. If a hearing Pass, Freeport, Galveston, Hidalgo, _No. MC 105413 (Sub-No. 27), filed is deemed necessary, applicant requests Houston, Laredo, Orange, Port Arthur, February 9, 1967. Applicant: PETRO­ it be held at Columbus, Ohio. Port Isabell, Presidio and Victoria, Tex., LEUM TRANSPORT SERVICE, INC., No. MC 107110 (Sub-No. 5), filed Feb­ to points in Texas. Note: If a hearing Highway No. 275, Council Bluffs, Iowa ruary 1, 1967. Applicant: GERALD L. is deemed necessary, applicant requests 51501. Applicant’s representative: Einar DINNISON, LAWRENCE E. BLACK, F. it be held at Dallas or Houston, Tex. Viren, 904 City National Bank Building, A. BRION (ANNE E. BRION, EXECU­ No. MC 87720 (Sub-No. 57), filed Feb­ Omaha, Nebr. 68102. Authority sought TRIX) , AND R. H. GOODALL, a part­ ruary 6,1967. Applicant; BASS TRANS­ to operate as a common carrier, by motor nership, doing business as B AND D PORTATION CO., INC., Old Croton vehicle, over irregular routes, transport­ TRANSFER, Liberty, Pa. 16930. Appli­ Road, Flemington, N.J. Applicant’s rep­ ing: Anhydrous ammonia and fertilizer cant’s representative: David A. Suther- resentative: Bert Collins, 140 Cedar solutions, in bulk, in tank vehicles, from lund, Suite 930,1120 Connecticut Avenue Street, New York, N.Y. 10006. Author­ the plantsite of Phillips Petroleum Co. NW., Washington, D.C. 20036. Author­ ity sought to operate as a contract car­ located at or near Hoag, Nebr., to points ity sought to operate as a common car­ rier, by motor vehicle, over irregular in Missouri. Note: If a hearing is rier, by motor vehicle, over irregular routes, transporting: (1) Paper, paper deemed necessary, applicant requests it routes, transporting: General commodi­ products, and supply items, from East be held at Omaha, Nebr. ties (except classes A and B explosives, Pepperell, Mass., to New York, N.Y., No. MC 105813 (Sub-No. 148), filed household goods as defined by the Com­ points in Nassau, Suffolk, Westchester, February 2,1967. Applicant: BEDFORD mission, commodities in bulk, and those Putnam, Dutchess, Columbia, Rensse­ TRUCKING CO., INC., 3500 Northwest which because of size or weight require laer, Albany, Greene, Ulster, Orange, and 79th Avenue, Miami, Fla. 33144. Appli­ the use of special equipment), between Rockland Counties, N.Y., New Jersey, and cant’s representative: Carl L. Steiner, Galeton, Pa., and points within 12 miles those in Pennsylvania on and east of U.S. 39 South La Salle Street, Chicago, HI. of Galeton, on the one hahd, and, on the Highway 11, and (2) rejected, returned, 60603. Authority sought to operate as a other, Cleveland, Ohio, and Baltimore, common carrier, by motor vehicle, over Md. Note: If a hearing is deemed nec­ and damaged shipments, on return, un­ irregular routes, transporting: Meats, der contract with Bemis Co. Note: if a essary, applicant requests it be held at hearing is deemed necessary, applicant packinghouse products, and commodities Syracuse, N.Y., or Washington, D.C requests it be held at Washington, D.C. used by packinghouses as described in No. MC 107295 (Sub-No. 101), filed sections A, B, and C of appendix I to February 6, 1967. Applicant: PRE-FAB No. MC 102616 (Sub-No. 813), filed the report in Descriptions in Motor TRANSIT CO., a corporation, 100 South February 1,1967. Applicant: COASTAL Carrier Certificates, 61 M.C.C. 209 and Main Street, Post Office Box 146, Farmer TANK LINES, INC., 501 Grantley Road, 766, from Downs, Kans., to points in City, HI. 61842. Applicant’s represent­ York, Pa. 17405. Applicant’s representa­ Mississippi, Alabama, Georgia, Florida, ative : Dale L. Cox (same address as ap­ tive: Samuel E. Smith (same address as North Carolina, and South Carolina, re­ plicant). Authority sought to operate applicant). Authority sought to operate stricted to traffic originating at the as a common carrier, by motor vehicle, as a common carrier, by motor vehicle, plantsites and storage facilities of Grif­ over irregular routes, transporting: over irregular routes, transporting: fith Provisions Co., located at Downs, Fencing, netting, voire, barbed or plain, Packaged petroleum products, on spe­ Kans. Note: If a hearing is deemed fence stretchers, gates, fence posts and cially mounted racks on semitank trail­ necessary, applicant requests it be held accessories used in the installation ers, from Baltimore, Md., to service sta­ at Washington, D.C. thereof when shipped therewith (except tions of the Hess Oil & Chemical Corp. No. MC 105813 (Sub-No. 149), filed commodities which because of size or located in Fairfax, Woodbridge, and Ac- February 3,1967. Applicant: BELFORD weight require the use of special equip­ cotink, Va., and the District of Colum­ TRUCKING CO., INC., 3500 Northwest ment), from Houston, Tex., to points in bia. Note: If a hearing is deemed nec­ 79th Avenue, Miami, Fla. 33148. Appli­ the United States (except Alaska, essary, applicant requests it be held at cant’s representative: Carl L. Steiner, Hawaii, and Texas). Note: If a hear­ Washington, D.C. 39 South La Salle Street, Chicago, HI. ing is deemed necessary, applicant re­ No. MC 103880 (Sub-No. 379), filed 60603. Authority sought to operate as quests it be held at Houston, Tex. January 30,1967. Applicant: PRODUC­ a common carrier, by motor vehicle, over No. MC 107460 (Sub-No. 20), filed ERS TRANSPORT, INC., 215 East irregular routes, transporting: Meats, February 6, 1967. Applicant: WILLIAM Waterloo Road, Akron, Ohio 44306. Ap­ meat products, meat byproducts and ar­ Z. GETZ, INC., 2454 Harrisburg Pike, plicant’s representative: Carl L. Steiner, ticles distributed by meat packinghouses Lancaster, Pa. Applicant’s represent­ 39 South La Salle Street, Chicago, HI. (except in bulk, in tank vehicles), from ative: Christian V. Graf, 407 North 60603. Authority sought to operate as a the plantsite of Aurora Packing Co., Inc., Front Street, Harrisburg, Pa. 17101. common carrier, by motor vehicle, over at or near Aurora, 111., to points in Ala­ Authority sought to operate as a contract irregular routes, transporting: Diammo­ bama, Georgia, Florida, North Carolina, carrier, by motor vehicle, over irregular nium phosphate, in bulk (except in dump and South Carolina, restricted to traffic routes, transporting: Aluminum ingots vehicles), from De Pue, 111., to points in originating at said plantsite. Note: If a and extrusions; aluminum doors ana Illinois, Indiana, Iowa, Kansas, Minne­ hearing is deemed necessary, applicant windows, glazed and unglazed, fabricated sota, Missouri, Nebraska, North Dakota, requests it be held at Chicago, 111. metal products; and hardware, acces­ South Dakota, Michigan, Ohio, and Wis­ No. MC 106920 (Sub-No. 23), filed sories, and parts thereof, when moving consin. Note: If a hearing is deemed February 6, 1967. Applicant: RIGGS in connection therewith, from th e plant- necessary, applicant requests it be held at FOOD EXPRESS, INC., Post Office Box site of Capitol Products Corp. located in Chicago, 111. 26, West Monroe Street, New Bremen, Hampden Township, Cumberlan No. MC 104896 (Sub-No. 20), filed Ohio 45869. Applicant’s representative: County, Pa., and from its warehouses i February 1, 1967. Applicant: WOMEL- Carroll V. Lewis, 122 East North Street, Harrisburg, Pa., and the Borough o DORF, INC., Post Office Box 232, Lewis- Sidney, Ohio 45365. Authority sought Lemoyne, Pa., to points in Kansas, unne town, Pa. Applicant’s representative: to operate as a common carrier, by motor a continuing contract or contracts wit

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3257

Capitol Products Corp. of Hampden No. MC 110144 (Sub-No. 9), filed De­ Maryville, Tenn., from Lenoir City, Township, Cumberland County, Pa. cember 21, 1966. Applicant: JACK C. Tenn., over proposed Tennessee Highway Note: If a hearing is deemed necessary, ROBINSON, doing business as ROBIN­ 95 to junction U.S. Highway 129 and applicant requests it be held at Wash­ SON FREIGHT LINES, Post Office Box Tennessee Highway 115 at or near ington, D.C., or Harrisburg, Pa. 4126, Knoxville, Tenn. Applicant’s rep­ Maryville, Tenn. Service is authorized No. MC 108053 (Sub-No. 75), filed resentatives: Harold G. Hemly, 711 to and from all intermediate points on February 2, 1967. Applicant: LITTLE 14th Street NW., Washington, D.C. 20005, the above-described routes; except as AUDREY’S TRANSPORTATION COM­ and James W. Wrape, 2111 Sterick Build­ specifically restricted, and to off-route PANY, INC., 1520 West 23d Street, Fre­ ing, Memphis, Tenn. 38103. Authority points within 5 miles of said routes as mont, Nebr. Applicant’s representative: sought to operate as a common carrier, described in paragraphs (1), (3), (4), Carl L. Steiner, 39 South La Salle Street, by motor vehicle, over regular routes, (5), and (6) above. Note: Applicant Chicago, 111. 60603. Authority sought to transporting: General commodities (ex­ states that should this application be operate as a common carrier, by motor cept those of unusual value, classes A granted, applicant would relinquish its vehicle, over irregular routes, transport­ and B explosives, blasting supplies, duplicating route between ‘Knoxville and ing: Meats, packinghouse products and household goods as defined by the Com­ Memphis, restricted to operating conven­ commodities used by packinghouses as mission, commodities in bulk, and com­ ience only. If a hearing is deemed nec­ described in sections A, B, and C of ap­ modities requiring special equipment), essary, applicant requests it be held at pendix I to the report in Descriptions (1) between junction Interstate Highway Knoxville or Nashville, Tenn. in Motor Carriers Certificates, 61 M.C.C. 40 and Tennessee Highway 95 at or near No. MC 111045 (Sub-No. 54), filed 209 and 766, from Downs, Kans., to Eaton Crossroads, Tenn., and Green­ February 6, 1967. Applicant: RED­ points in Arizona, Utah, Idaho, Wash­ back, Tenn., and junction U.S. Highway WING CARRIERS, INC., Post Office ington, Oregon, Nevada, and California 411, as follows: From junction Inter­ Box 426, Palm River Road, Tampa, restricted to traffic originating at the state Highway 40 and Tennessee High­ Fla. 33601. Applicant’s representative: plantsites and/or storage facilities of way 95, thence on presently marked David E. Wells (same address as appli­ Griffith Provisions Co. located at Downs, (Temporary 95) to Greenback, Tenn., cant). Authority sought to operate as Kans. Note: If a hearing is deemed continuing to junction U.S. Highway 411, a common carrier, by motor vehicle, necessary, applicant requests it be held and return over the same route; (2) be­ over irregular routes, transporting: Corn at Washington, D.C. tween junction Interstate Highway 40 starch, in bulk, in covered hopper trucks, No. MC 108449 (Sub-No. 250), filed and also junction Interstate Highway 75, ex-rail shipments, from Tampa and January 30, 1967. Applicant: INDIAN- at or near Eaton Crossroads, Tenn., and Jacksonville, Fla., to points in the HEAD TRUCK LINE, INC., 1947 West Knoxville, Tenn., from junction Inter­ State of Florida. Note: If a hearing is County Road C, St. Paul, Minn. 55113. state Highway 40 and also junction deemed necessary, applicant requests it Applicant’s representative: W. A. Myl- Interstate Highway 75 at or near Eaton be held at Tampa, Fla. lenbeck (same address as above). Au­ Crossroads, Tenn., where said Interstate No. MC 111231 (Sub-No. 152), filed thority sought to operate as a common Highways connect with Tennessee High­ February 1, 1967. Applicant: JONES carrier, by motor vehicle, over irregular way 95, over Interstate Highway 40 and TRUCK LINES, INC., 610 East Emma routes, transporting: Cement, from Min­ Interstate Highway 75 to Knoxville, Avenue, Springdale, Ark. 72764. Au­ neapolis, Minn., to points in Iowa, North Tenn., and return over the same routes; thority sought to operate as a common Dakota, South Dakota, Wisconsin, and (3) between junction Singleton Road and carrier, by motor vehicle, over irregular the Upper Peninsula of Michigan (ex­ U.S. Highway 129 near Singleton, Tenn., routes, transporting: Iron and steel and cept cement in bags to points in Iowa and Greenback, Tenn., to junction U.S. iron and steel articles, and equipment, and Wisconsin). Note: If a hearing Highway 411 as follows: From junction materials, and supplies, used in the is deemed necessary, applicant requests Station Road and U.S. Highway 129 near manufacture or processing of iron and it be held at Chicago, 111., or Minne­ Singleton, Tenn., over unnumbered high­ steel articles, including iron and steel apolis, Minn. ways through Miser Station, Louisville, roofing and iron and steel pipe, cov­ No. MC 108911 (Sub-No. 7), filed Jan­ and Friendsville, Tenn., to junction Ten­ ered or coated with composition or plas­ uary 23, 1967. Applicant: BUTTER­ nessee Highway 95 and present Tennessee tic, or wrapped, from Alton and Madi­ FIELD TRUCKING, INC., Route 1, Highway (Temporary 95), thence to son, 111., and points in the St. Louis, Georgetown, Pa. 15043. Applicant’s rep­ Greenback, Tenn., and to junction U.S. Mo.-East St. Louis, 111., commercial zone, resentative: Paul F. Berry, Suite 1800, Highway 411 and return over the same as defined by the Commission, to points 100 East Broad Street, Columbus, Ohio route; in Arkansas, Kansas, Kentucky, Loui­ 43215. Authority sought to operate as (4) Between junction Interstate High­siana, Michigan, Mississippi, Oklahoma, a contract carrier, by motor vehicle, over way 40 and junction U.S. Highway 75 and Tennessee, Texas, Wisconsin, Minnesota, irregular routes, transporting: Refrac­ Tennessee Highway 95 at or near Eaton Iowa, and Nebraska. Note: Applicant tories, between Newell, W. Va., on the Crossroads, Tenn., and Memphis, Tenn., states that tacking is possible in con­ one hand, and, on the other, points in as follows: From junction Interstate junction with its present authority in Ohio and Pennsylvania within 85 miles Highway 40 and junction U.S. Highway MC-111321 and subs thereunder. If a of Newell, under contract with The 75 and Tennessee Highway 95 at or near hearing is deemed necessary, applicant Globe Brick Co. Note: If a hearing Eaton Crossroads, Tenn., where these requests it be held at St. Louis, Mo is deemed necessary, applicant requests two interstate highways connect with No. MC 111401 (Sub-No. 217), filed it be held at Pittsburgh, Pa. Tennessee Highway 95, to Memphis, February 2, 1967. Applicant: GROEN- No. MC 110988 (Sub-No. 232), filed Tenn., and return over the same routes, DYKE TRANSPORT, INC., 2510 Rock January 30, 1967. Applicant: KAMPO serving no intermediate points between Island Boulevard, Post Office Box 632, TRANSIT, INC., 200 West Cecil Street, these two specific junction points on In­ Enid, Okla. Authority sought to oper­ Neenah, Wis. Applicant’s representa­ terstate Highway 40 to Memphis, Tenn.; ate as a common carrier, by motor vehi­ tive: E. Stephen Heisley, 529 Transpor­ (5) between Calderwood, Tenn., and In­ cle, over irregular routes, transporting: tation Building, Washington, D.C. 20006. terstate Highway 40 at or near Kingston, Anhydrous ammonia and fertilizer solu­ Authority sought to operate as a common Tenn., as follows: From Calderwood, tions, in bulk, in tank vehicles, from the carrier, by motor vehicle, over irregular Tenn., over Tennessee Highway 72 to plantsite of Phillips Petroleum Co. lo­ routes, transporting: Diammonium phos­ junction Tennessee Highway 58 on said cated at or near Hoag, Nebr., to points in phate, in bulk, in tank or hopper type Tennessee Highway 58 to junction Inter­ Iowa. Note: If a hearing is deemed nec­ Y ^ les, from Depue, 111., to points in state Highway 40 at or near Kingston, essary, applicant requests it be held at Illinois, Iowa, Wisconsin, Missouri, Min­ Tenn., serving said junction point specif­ Omaha, Nebr., or Kansas City, Kans. nesota, Nebraska, Kansas, South Dakota, ically for purpose of joinder only; serv­ No. MC 112304 (Sub-No. 21), filed Feb­ North Dakota, Indiana, Ohio, and Michi­ ing no intermediate points at or from ruary 3, 1967. Applicant: ACE DORAN gan. Note: If a hearing is deemed nec­ said junction point to Memphis, Tenn.; HAULING & RIGGING CO., a corpora­ essary, applicant requests it be held at and, (6) between Lenoir City, Tenn., over tion, 1601 Blue Rock Street, Cincinnati, Chicago, 111. proposed Tennessee Highway 95 and Ohio 45223. Applicant’s representative:

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. I-----7 '3258 NOTICES

Robert J. Doran (same address as appli­ North Dakota, Oregon, South Dakota, Downs, Kans., to points in Minnesota, cant) . Authority sought to operate as Utah, Washington, and Wyoming. Wisconsin, Illinois, Indiana, Kentucky, a common carrier, by motor vehicle, over N ote: If a hearing is deemed necessary, Tennessee, Michigan, Ohio, Virginia, irregular routes, transporting: Iron and applicant requests it be held at Chicago, West Virginia, Maryland, Delaware, New steel articles and equipment, materials, 111., or Cleveland, Ohio. Jersey, Pennsylvania, New York, Maine, and supplies used in the manufacture No. MC 114019 (Sub-No. 167), filed New Hampshire, Vermont, Massachu­ and processing of iron and steel articles, February 1,1967. Applicant: MIDWEST setts, Connecticut, Rhode Island, and between points in the St. Louis, Mo., and EMERY FREIGHT SYSTEM, INC., 7000 Washington, D.C., restricted to traffic East St. Louis, 111., commercial zone, and South Pulaski Road, Chicago, Hi. 60629. originating at the plantsites and storage Alton and Madison, 111., on the one hand, Applicant’s representative: Carl L. facilities of Griffith Provisions Co. lo­ and, on the other, points in Minnesota, Steiner, 39 South La Salle Street, Chi­ cated at Downs, Kans. N ote : If a hear­ North Dakota, South Dakota, Nebraska, cago, 111. 60603. Authority sought to ing is deemed necessary, applicant re­ Iowa, Kansas, Missouri, Oklahoma, Ar­ operate as a common carrier, by motor quests it be held at Washington, D.C. kansas, Louisiana, Mississippi, Alabama, vehicle, over irregular routes, transport­ No. MC 114312 (Sub-No. 9) (Amend­ Georgia, Tennessee, Kentucky, Indiana, ing: Edible coating compounds, in bulk, ment) , filed January 25, 1967, published Michigan, Wisconsin, Ohio, and Illinois. in tank vehicles, from Cincinnati, Ohio, F ederal R egister February 16, 1967, Note: Applicant states it would tack at to Grand Rapids, Mich., and Denver, amended February 9, 1967, and repub­ any point in the State of Ohio to serve Colo. N ote : If a hearing is deemed nec­ lished as amended, this issue. Appli­ points in New York, New Jersey, West essary, applicant requests it be held at cant: ABBOTT TRUCKING, INC., Delta, Virginia, and Pennsylvania. If a hear­ Cincinnati, Ohio. Ohio. Applicant’s representative: John ing is deemed necessary, applicant re­ No. MC 114019 (Sub-No. 168), filed P. McMahon, 100 East Broad Street, quests it be held at St. Louis, Mo., or February 3, 1967. Applicant: MID­ Columbus, Ohio 43215. Authority sought Chicago, 111. WEST EMERY FREIGHT SYSTEM, to operate as a common carrier, by motor No. MC 113514 (Sub-No. 100), filed INC., 7000 South Pulaski Road, Chicago, vehicle, over irregular routes, transport­ January 30, 1967. Applicant: SMITH 111. 60629. Applicant’s representative: ing: Chemical fertilizer, from Toledo, TRANSIT, INC., 3300 Republic National Carl L. Steiner, 39 South La Salle Street, Ohio, to points in Pennsylvania, West Bank Building, Dallas, Tex. 75201. Ap­ Chicago, 111. 60603. Authority sought to Virginia, Illinois, Wisconsin, and the Up­ plicant’s representative: William D. operate as a common carrier, by motor per Peninsula of Michigan. Note: The White, Jr., 2505 Republic National Bank vehicle, over irregular routes, transport­ purpose of this republication is to Tower, Dallas, Tex. 75201. Authority ing: Meats, meat products, meat by­ broaden the territorial scope. Applicant sought to operate as a common carrier, products, and articles distributed by meat states it would tack at Toledo, Ohio, on by motor vehicle, over irregular routes, packinghouses, as described in sections similar traffic moving from authorized transporting: Foundry moulding sand A and C, appendix 1, in Descriptions in Ohio, Michigan, or Indiana points. If treating compounds, liquid, in bulk, from Motor Carrier Certificates, 61 M.C.C. 209 a hearing is deemed necessary, appli­ points in Dallas County, Tex., to Bir­ and 766 (except hides and except com­ cant requests it be held at Columbus or mingham, Ala., and points in Georgia. modities in bulk, in tank vehicles), from Toledo, Ohio. N ote: Applicant states that it intends the plantsite of Oscar Mayer & Co., Inc., No. MC 115669 (Sub-No. 70), filed to tack its entire operating authority, Perry, Iowa, to points in Illinois, Indiana, February 2, 1967. Applicant: HOWARD wherein it conducts operations in Ala­ Michigan, Minnesota, Nebraska, Ohio, N. DAHLSTEN, doing business as DAHL- bama, Georgia, Louisiana, Mississippi, and Wisconsin, restricted to traffic origi­ STEN TRUCK LINE, Post Office Box 95, and Texas, with that sought in this ap­ nating at the plantsite of Oscar Mayer Clay Center, Nebr. 68933. Applicant’s plication. If a hearing is deemed nec­ & Co., Inc., Perry, Iowa. N ote: If a representative: Donald L. Stern, 630 City essary, applicant requests it be held at hearing is deemed necessary, applicant National Bank Building, Omaha, Nebr. Dallas or Houston, Tex. requests it be held at Chicago, 111. 68102. Authority sought to operate as No. MC 113828 (Sub-No. 119), filed No. MC 114045 (Sub-No. 262), filed a common carrier, by motor vehicle, over January 30, 1967. Applicant: O’BOYLE February 3, 1967. Applicant: TRANS­ irregular routes, transporting: Salt and TANK LINES, INCORPORATED, 4848 COLD EXPRESS, INC., Finby and Belt salt products, from Kansas City, Mo., Cordell Avenue, Washington, D.C. 20014. Line Road, Post Office Box 5842, Dallas, to points in Kansas, Nebraska, and Iowa. Applicant’s representative: William P. Tex. 75222. Authority sought to operate N ote : If a hearing is deemed necessary, Sullivan, 1825 Jefferson Place NW., as a common carrier, by motor vehicle, applicant requests it be held at Omaha, Washington, D.C. 20036. Authority over irregular routes, transporting: Pre­ Nebr., or Kansas City, Mo. sought to operate as a common carrier, pared foodstuffs, in vehicles equipped No. MC 115826 (Sub-No. 164) (Amend­ by motor vehicle, over irregular routes, with mechanical refrigeration (except in ment) , filed December 15,1966, published transporting: Sulphur dioxide, in bulk, bulk, in tank vehicles), from the plant- in the F ederal R egister issue of Jan­ in tank vehicles, from Copperhill, Tenn., site and warehouse facilities of The Pills- uary 6, 1967, amended February 2, 1967, to West Norfolk, Va. N ote: Applicant bury Co. located at East Greenville, Pa., and republished this issue. Applicant: states it would tack at West Norfolk, Va., to points in Connecticut, Delaware, Dis­ W. J. DIGBY, INC., Post Office Box 5088, to serve points in New York, New Jersey, trict of Columbia, Maine, Maryland, Terminal Annex, Denver, Colo. 80217. Rhode Island, Massachusetts, Delaware, Massachusetts, New Hampshire, New Authority sought to operate as a common Connecticut, Maine, and Maryland, if Jersey, New York, North Carolina, Penn­ carrier, by motor vehicle, over irregular the proposed authority is conducted in sylvania, Rhode Island, ■ Virginia, Ver­ routes, transporting: Frozen foods, from shipper-owned tank trailers. If a hear­ mont, and West Virginia. Note: If a Lafayette, Ind., to points in Kentucky, ing is deemed necessary, applicant re­ hearing is deemed necessary, applicant Tennessee, Georgia, Missouri, Arkansas, quests it be held at Washington, D.C. requests it be held at Washington, D.C., and Oklahoma. N ote: The purpose of No. MC 113855 (Sub-No. 151), filed or Minneapolis, Minn. this republication is to (1) broaden the February 1, 1967. Applicant: INTER­ No. MC 114045 (Sub-No. 264), filed scope of the application by adding Mis­ NATIONAL TRANSPORT, INC., South February 3, 1967. Applicant: TR'ANS- souri, Arkansas, and Oklahoma, as desti­ Highway 52, Rochester, Minn. 55902. COLD EXPRESS, INC., Post Office Box nation points, and (2) to change the Applicant’s representative: Gene P. 5842, Dallas, Tex. Applicant’s repre­ place of the requested hearing from Chi­ Johnson, 502 First National Bank Build­ sentative: Carl L. Steiner, 39 South La cago, 111., to Washington, D.C., or Indi­ ing, Fargo, N. Dak. 58102. - Authority Salle Street, Chicago, 111. 60603. Au­ anapolis, Ind. If a hearing is deemed sought to operate as a common carrier, thority sought to operate as a common necessary, applicant requests it be held at by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular Washington, D.C., or Indianapolis, Ind. transporting: Machine tools and parts, routes, transporting: Meats, packing­ No. MC 115841 (Sub-No. 301) (Amend­ attachments, and accessories for ma­ house products and commodities used by ment), filed January 5, 1967, published chine tools, from points in Cuyahoga packinghouses as described in sections in F ederal R egister issue of January 26, County, Ohio, to points in California, A, B, and C of appendix I to the report 1967, amended February 7, 1967, and re­ Colorado, Idaho, Illinois, Kansas, Min­ in Descriptions in Motor Carriers Certifi­ published as amended this issue. Appli" nesota, Montana, Nebraska, Nevada, cates, 61 M.C.C. 209 and 766, from cant: COLONIAL REFRIGERATED

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24; 1967 NOTICES 3259

TRANSPORTATION, INC., Post Office Elmira, Waverly, Oswego, Binghamton, and steel articles, between St. Louis, Mo., Box 2169, 1215 Bankhead Highway West, Sidney, and Oneonta, N.Y., (3) silos and and Granite City, HI., on the one hand, Birmingham, Ala. 35201. Applicant’s wood laminated beams, saddles, arches, and, on the other, points in Kentucky, representativer O. E. Wesley (same ad­ decking, and fixtures for construction of Tennessee, Mississippi, Alabama, Geor­ dress as applicant) . Authority sought buildings having wood laminated arches gia, Louisiana, North Dakota, South Da­ to operate as a common carrier, by motor and beams, from Sidney and Unadilla, kota, Nebraska, and Minnesota. Note: vehicle, over irregular routes, transport­ N.Y., to the construction jobsite of the The purpose of this republication is to ing: Frozen foods, from Quincy, HI., to designated consignees at points in Maine, add St. Lotus, Mo., as a point in the points in Ohio, New York, Pennsylvania, New Hampshire, Vermont, Massachu­ origin territory thereby broadening the New Jersey, Connecticut, Indiana, Mas­ setts, Rhode Island, Connecticut, Penn­ scope of the application. If a hearing is sachusetts, West .Virginia, Maryland, sylvania, New Jersey, Maryland, Dela­ deemed necessary, applicant requests it Delaware, Rhode Island, Virginia, Lower ware, Virginia, West Virginia, Indiana, be held at St. Louis, Mo., or Chicago, 111. Peninsula of Michigan, Kentucky, North Michigan, and Ohio, and (4) ice cream, No. MC 119750 (Sub-No. 1), filed Feb­ Carolina, South Carolina, Tennessee ice cream products, ice confections and ruary 1, 1967, Applicant: D. B. FORD, (except Memphis and its commercial ice mix, such as ice cream, in bulk or in INC., 51 Lowry Avenue North, Minne­ zone), Alabama, Georgia, Florida, and small containers, fudgsicles, popsicles, apolis, Minn. 55411. Applicant’s repre­ the District of Columbia. Note: The cones, candied ice cream, and sherbets, sentative: R. E. Powell, 621 Terminal purpose of this republication is to add in bulk or in small containers or on Building, Lincoln, Nebr. 68508. Author­ the additional states specified, in lieu of sticks, from Suffield, Conn., to Lake ity sought to operate as a common car­ only Ohio, as prevously published. If George, Ravina, Utica, and Buffalo, N.Y., rier, by motor vehicle, over irregular a hearing is deemed necessary, applicant Pittsburgh, Pa., and Boston, Mass. routes, transporting: Commodities requests it be held at Cleveland, Ohio. Note: Applicant states no duplication which because of size or weight require No. MC 116273 (Sub-No. 87), filed of authority sought. The purpose of the use of special equipment for loading, February 2, 1967. Applicant: D & L this republication is to broaden the appli­ unloading, or transporting, and of re­ TRANSPORT, INC., 3800 South Lar­ cation. If a hearing is deemed nec­ lated parts, when their transportation amie Avenue, Cicero, 111. 60650. Appli­ essary, applicant requests it be held at is incidental to the transportation of cant’s representative: Carl L. Steiner, Binghamton, N.Y. commodities, which because of size or 39 South La Salle Street, Chicago, HI. No. MC 119268 (Sub-No. 64), filed weight require the use of special equip­ 60603. Authority sought to operate as a February 1,1967. Applicant: OSBORN, ment for loading, unloading, or trans­ common carrier, by motor vehicle, over INC., 125 Milton Avenue SE., Atlanta, porting, between points in Illinois, Iowa, irregular routes, transporting: Chem­ Ga. Applicant’s representative: John Kansas, Minnesota, Missouri, Nebraska, icals, in bulk, in tank or hopper type P. Carlton, 325-29 Frank Nelson Build­ South Dakota, and Wisconsin. Note: vehicles, from Ottawa, 111., and points ing, Birmingham, Ala. 35203. Author­ Applicant states in the event this in­ within 5 miles thereof to points in In­ ity sought to operate as a common car­ stant application is granted it is willing diana, Ohio, Michigan, Wisconsin, Min­ rier, by motor vehicle, over irregular to have its present authority revoked nesota, Iowa, Missouri, Kansas, Arkan­ routes, transporting: Furniture, alum­ and canceled. Applicant also states sas, Tennessee, Kentucky, Pennsylvania, inum tubular, and pipe or tubing, alum­ that no duplicating authority is being and Nebraska. Note: Applicant states inum, and artificial Christmas trees, sought. If a hearing is deemed neces­ it intends to tack the proposed authority from Austell and Waynesboro, Ga., to sary, applicant requests it be held at with its Subs 6, 20, 48r 52, and 57 at Ot­ points in Illinois, Indiana, Iowa, Mich­ Washington, D.C., Minneapolis, Minn., tawa, HI., to provide service to points in igan, Minnesota, Missouri, Ohio, and Omaha, Nebr., or Chicago, 111. Arkansas, Tennessee, Minnesota, Iowa, Wisconsin, Note: If a hearing is No. MC 119774 (Sub-No. 7), filed Feb­ Nebraska, Kansas, Pennsylvania, Mis­ deemed necessary; applicant requests it ruary 6, 1967. Applicant: MARY EL­ souri, Michigan, Indiana, Kentucky, and be held at Atlanta, Ga. LEN STIDHAM, N. M. STIDHAM, A. E. Ohio. If a hearing is deemed necessary, No. MC 119441 (Sub-No. 14), filed MANKINS, JAMES E. MANKINS, SR., applicant requests it be held at Chicago, January 30, 1967. Applicant: BAKER a partnership, doing business as EAGLE 111. HI-WAY EXPRESS, INC., Stone Creek, TRUCKING COMPANY, Post Office Box No. MC 116273 (Sub-No. 88), filed Ohio 43840. Applicant’s representative: 471, Kilgore, Tex. 75662. Applicant’s February 2, 1967. Applicant: D & L Richard H. Brandon, 79 East State Street; representative: James W. Hightower, TRANSPORT, INC., 3800 South Lar­ Columbus, Ohio 43215. Authority 136 Wynnewood Professional Building, amie Avenue, Cicero, 111. 60650. Appli­ sought to operate as a common carrier, Dallas, Tex. 75224. Authority sought to cant’s representative: Carl L. Steiner, by motor vehicle, over irregular routes, operate as a common carrier, by motor 39 South La Salle Street, Chicago, 111. transporting: Clay products, (1) from vehicle, over irregular routes, transport­ 60603. Authority sought to operate as from points in Stark and Carroll Coun­ ing: (1) Electrical transformers, circuit a common carrier, by motor vehicle, over ties, Ohio, and Zoarville and Strasburg, breakers, switchgear, insulators, air irregular routes, transporting: Coal tar Ohio, and points within 5 miles of each switches, and parts and accessories for and coal tar products, in bulk, in tank to points in Delaware, District of Colum­ these commodities; and (2) transformer vehicles, from Indianapolis, Ind., to bia, Maryland, New Jersey, Virginia, and oil in containers, paint in containers, and Waukegan, 111. Note: If a hearing is those in that part of Pennsylvania east iron and steel forms used in or on the deemed necessary, applicant requests it of U.S. Highway 15, and (2) from East commodities named in (1) above, when be held at Chicago, 111. Palestine, Ohio, and points within 5 transported in mixed loads with the No. MC 117698 (Sub-No. 3) (Amend­ miles thereof and from points in Carroll commodities named in (1) above, from ment), filed November 28, 1966, pub­ County, Ohio, to points in Michigan and Crystal Springs, Miss., to points in the lished Federal R egister issue of Decem­ Indiana. Note: If a hearing is deemed United States (except Alaska, Florida, ber 15, 1966, amended December 22,1966, necessary, applicant requests it be held Hawaii, Maine, Mississippi, and Ver­ and republished as amended this issue. at Columbus, Ohio. mont). Note: If a hearing is deemed Applicant: LEO H. SEARLES, doing No. MC 119700 (Sub-No. 11) (Amend­ necessary, applicant requests it be held business as L. H. SEARLES, South ment), filed January 3, 1967, published at Washington, D.C., New Orleans, La., Worcester, N.Y. Applicant’s repre­ in F ederal R egister issue of January 26, or Jackson, Miss. sentative: Harold C. Vrooman, 140 1967, amended February 8, 1967, and No. MC 120800 (Sub-No. 5), filed Feb­ Main Street, Oneonta, N.Y. 13820. Au­ republished as amended this issue. Ap­ ruary 6, 1967. Applicant: CAPITOL thority sought to operate as a common plicant: STEEL HAULERS, INC., 306 TRUCK LINE, INC., 2500 North Ala­ carrier, by motor vehicle, over irregular Ewing Street, Kansas City, Mo. 64125. meda Street, Compton, Calif. 90222. routes, transporting: (1) Frozen foods, Applicant’s representative: Frank W. Applicant’s representative: Ernest D. and processed meats, from New York, Taylor, Jr., 1221 Baltimore Avenue, Salm, 3846 Evans Street, Los Angeles, N.Y., to Oneonta, N.Y., (2) cheese and Kansas City, Mo. 64105. Authority Calif. 90027. Authority sought to oper­ processed cottage cheese products, from sought to operate as a common carrier, ate as a common carrier, by motor vehi­ St. Albans, Vt., to Auburn, Norwich, by motor vehicle, over irregular routes, cle, over irregular routes, transporting: Saratoga, Syracuse, Cortland, Ithaca, transporting: Iron and steel and iron (1) Argon, helium, hydrogen, nitrogen

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3260 NOTICES and oxygen, each in liquid form: Gaseous Hawaii), including ports of entry on the Batavia, 111., Aberdeen and Holly Springs, helium, in bulk, in tank or otherwise spe­ international boundary line between the Miss., Mason City and Lake Mills, Iowa, cially-designed vehicles, between points United States and the Provinces of and Harrisonburg, Va., to points in in Alaska, Arizona, California, Colorado, Alberta and Ontario, Canada. Note: If Alabama, Arkansas, Connecticut, Dela­ Idaho, Montana, Nevada, New Mexico, a hearing is deemed necessary, applicant ware, District of Columbia, Florida, Oregon, Utah, Washington, and Wyo­ requests it be held at Washington, D.C., Georgia, Illinois, Indiana, Iowa, Kansas! ming, and (2) petroleum and petroleum or Raleigh, N.C. Kentucky, Louisiana, Maine, Maryland, products in bulk., between all points No. MC 123744 (Sub-No. 3),' filed Massachusetts, Michigan, Minnesota, in California. Note : If a hearing is February 3, 1967. Applicant: BUTLER Mississippi, Missouri, Nebraska, New deemed necessary, applicant requests it TRUCKING COMPANY, a corporation, Hampshire, New Jersey, New York, be held at Los Angeles, or San Francisco, Post Office Box 44, Drifting, Pa. Appli­ North Carolina, North Dakota, Ohio, Calif. cant’s representative: Christian V. Graf, Oklahoma, Pennsylvania, Rhode Island, No. MC 123048 (Sub-No. 102), filed 407 North Front Street, Harrisburg, Pa. South Carolina, South Dakota, Tennes­ February 2, 1967. Applicant: DIA­ 17101. Authority sought to operate as a see, Vermont, Virginia, West Virginia, MOND TRANSPORTATION SYSTEM, common carrier, by motor vehicle, over Wisconsin, and Wyoming, and (2) raw INC., Post Office Box A, 1919 Hamilton irregular routes, transporting: Refrac­ materials and supplies, components parts Avenue, Racine, Wis. 53401. Authority tory products, from points in Clearfield and merchandise used in the sale and sought to operate as a common carrier, County, Pa. (except Curwensville), to manufacturing of automotive parts and by motor vehicle, over irregular routes, New Hampshire, Vermont, Massachu­ accessories, automotive jacks and cranes, transporting: Agricultural implements, setts, Connecticut, Rhode Island, and hand, electric, and pneumatic tools ad­ farm machinery, parts and accessories Maine. Note: If a hearing is deemed vertising material, premiums, racks, dis­ for farm machinery, (1) from ports of necessary, applicant requests it be held play cards, and signs on return, under entry on the international boundary line at Washington, D.C., or Harrisburg, Pa. contract with Walker Manufacturing Co. between the United States and Canada No. MC 123415 (Sub-No. 10), filed of Racine, Wis. Restrictions: (1) Serv­ at Detroit and Port Huron, Mich., and January 30, 1967. Applicant: JAMES ice shall be limited to the transportation Buffalo, N.Y., to points in Illinois, Indi­ STUFFO, INC., Box 1061 (Route 130 and of shipments originating or terminating ana, Iowa, Kansas, Michigan, Missouri, Prince Avenue, Pennasuken, N.J.), Mer- at the plants and warehouse sites of the New York, Ohio, Pennsylvania, Vermont, chantsville, N.J. Applicant’s represent­ Walker Manufacturing Co., and (2) no and Wisconsin; (2) from ports of entry ative: Raymond A. Thistle, Jr., Suite service may be performed in the trans­ on the international boundary line be­ 1408-09, 1500 Walnut Street, Philadel­ portation of articles which because of tween the United States and Canada at phia, Pa. 19102. Authority sought to size, shape, weight, or inherent nature Noyes, Minn., to points in Illinois, Indi­ operate as a common carrier, by motor require the use of special equipment or ana, Iowa, Kansas, Michigan, Minnesota, vehicle, over irregular routes, transport­ special handling. Note: If a hearing is North Dakota, and Wisconsin; (3) from ing: Illuminated signs and component deemed necessary, applicant requests it Bartlesville, Okla.; Blair, Nebr.; Cedar parts thereof, from the plantsite of be held at Chicago, 111., or Washington, Rapids, Dubuque, and Manning, Iowa; Spangler Sign Corp., Philadelphia, Pa., D.C. Chicago, Gibson City, and Goodfield, to points in Alabama, Arkansas, Florida, No. MC 125136 (Sub-No. 5), filed Jan­ 111.; Filer, Idaho; Meade, Kans.; Minne­ Georgia, Illinois, Indiana, Maryland, uary 31, 1967. Applicant: W. T. MAR­ apolis, Minn.; New Holstein, Wis.; and Massachusetts, Michigan, New Hamp­ SHALL, 1285 Nickey Avenue, Decatur, New York, N.Y., to ports of entry on shire, New York, Ohio, Tennessee, Vir­ 111. Applicant’s representative: Mack the international boundary line between ginia, and Wisconsin. Note: If a hear­ Stephenson, 42 Fox Mill Lane, Spring- the United States and Canada, to Portal, ing is deemed necessary, applicant re­ field, 111. 62707. Authority sought to op­ N. Dak.; Noyes, Minn.; Detroit, and Port quests it be held at Philadelphia, Pa., or erate as a contract carrier, by motor ve­ Huron, Mich.; Alexandria Bay, Buffalo, Washington, D.C. hicle, over irregular routes, transporting: and Rouses Point, N.Y.; (4) from > No. MC 123920 (Sub-No. 1), filed Malt beverages, from St. Louis, Mo., to Bartlesville, Okla.; Blair, Nebr.; Cedar January 30, 1967. Applicant: ELDON Decatur, 111., under contract with Skeff Rapids, and Dubuque, and Manning, H. RIECK, Bay City, Wis. Applicant’s Distributing Co., Inc., Decatur, 111. Iowa; Goodfield, 111.; Manhattan, Meade, representative: Clinton R. Bentley, Note: If a hearing is deemed necessary, and Salina, Kans.; New York, N.Y., and Goodhue County National Bank Building, applicant requests it be held at Spring- Filer, Idaho, to Portland, Oreg., and Red Wing, Minn. 55066. Authority field, 111. Stockton, Calif.; (5) from Bartlesville, sought to operate as a contract carrier, No. MC 125756 (Sub-No. 5), filed Jan­ Okla.; Blair, Nebr.; Meade, Kans.; Man­ by motor vehicle, over irregular routes, uary 30, 1967. Applicant: JOHN M. ning, Iowa; New York, N.Y.; and Filer, transporting: Sand, machinery, machin­ KELLY, doing business as KELLY Idaho, to Belvidere and Springfield, 111., ery parts, consisting of screens used in TRUCKING COMPANY, 534 Woodbine and Fargo, N. Dak.; (6) from Dubuque, processing and mining of sand, empty Drive, Lexington, Ky. Applicant’s rep­ Iowa, and Goodfield, 111., to Fargo, N. cloth bags used in packing and shipping resentative': Harsy V. McChesney, Jr., Dak;; (7) from Manhattan and Salina, of sand, and oil for lubricating machin­ 711 McClure Building, Frankfort, Ky. Kans., to Belvidere and Springfield, 111.; ery, from points in Pierce County, Wis., 40601. Authority sought to operate as a (8) from Gwinner, N. Dak., to Portland, to points in Minnesota and Wisconsin, contract carrier, by motor vehicle, over Oreg.; and (9) from New York, N.Y., to under contract with Maiden Rock Silica irregular routes, transporting: Meats, Baker, Mont. Note: If a hearing is Sand Co., Maiden Rock, Wis. Note: If meat products, meat byproducts, dairy deemed necessary, applicant requests it a hearing is deemed necessary, applicant products, and articles distributed by meat be held at Chicago, 111. requests it be held at Red Wing, Minn. packinghouses as described in sections No. MC 123067 (Sub-No. 54), filed No. MC 124796 (Sub-No. 26), filed A, B, and C of appendix 1 to the report January 30, 1967. Applicant: M & M February 3, 1967. Applicant: CON­ in Descriptions in Motor Carrier Certif­ TANK LINES, INC., Post Office Box TINENTAL CONTRACT CARRIER icates 61 M.C.C. 209 and 766, from Lex­ 4174, North Station, Winston-Salem, CORP., 7236 East Slauson Avenue, Los ington, Ky., to points in Anderson, Bath, N.C. 27102. Applicant’s representatives: Angeles, Calif. 90022. Applicant’s repre­ Bourbon, Boyle, Clark, Fayette, Fleming, Frank C. Philips, Post Office Box 612, sentative : J. Max Harding, NSEA Build­ Franklin, Garrard, Harrison, Jessamine, Winston-Salem, N.C. 27102, and James ing, 14th and J Streets, Post Office Box Madison, Mason, Mercer, Montgomery, E. Wilson, 1735 K Street NW., Washing­ 2028, Lincoln, Nebr. 68501. Authority Nicholas, Scott, and Woodford Counties, ton, D.C. 20006. Authority sought to sought to operate as a contract carrier, Ky., under contract with Wilson & Co., operate as a common carrier, by motor by motor vehicle, over irregular routes, Inc., Chicago, 111. Note : If a hearing is vehicle, over irregular routes, transport­ transporting: (1) Automotive parts and deemed necessary, applicant requests it ing: Purifying agents for edible and accessories, automotive jacks and cranes be held at Lexington or Louisville, Ky. inedible oils, liquid, in bulk, in tank ve­ (not self-propelled), hand, electric, and No. MC 126198 (Sub-No. 3), filed Feb­ hicles, from Norfolk, Va., and points pneumatic tools, and advertising mate­ ruary 6, 1967. Applicant: EARL within 10 miles thereof to points in rial, premiums, racks, display cases and MICHAUD, 133 Birch Street, Kingsford, the United States (except Alaska and signs, from Racine, Wis., Jackson, Mich., Mich. 49801. Authority sought to oper-

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3261 ate as a common carrier, by motor ve­ hurst, 111., and empty containers on re­ points indicated above: and in addition hicle, over irregular routes, transporting: turn, under contract with Falstaff Brew­ joint-line service to the same territorial Malt beverages, namely beer and ale, ing Co. Note: If a hearing is deemed extent as the single-line with other com­ beer tonics, porter, and/or stout, in necessary, applicant requests it be held mon carriers on freight having an im­ straight or mixed shipments, (1) from at Indianapolis, Ind. mediate prior or subsequent movement Fort Wayne, Ind., to points in Marquette, No. MC 128273 (Sub-No. 4), filed Feb­ by air, motor, or rail. The purpose of Delta, Dickinson, and Menominee Coun­ ruary 7, 1967. Applicant: MIDWEST­ this republication is to clarify the note ties, Mich., (2) from South Bend, Ind., to ERN EXPRESS, INC., Post Office Box as previously published. If a hearing is points in Houghton County, Mich., and 189, Fort Scott, Kans. Applicant’s rep­ deemed necessary, applicant requests it (3) from St. Paul, Minn., to points in resentative: John E. Jandera, 641 Har­ be held at Racine, Kenosha, or Mil­ Keweenaw, Houghton, Marquette, Me­ rison Street, Topeka, Kans. 66603. Au­ waukee, Wis. nominee, and Delta Counties, Mich., and thority sought to operate as a common No. MC 128594 (Correction), filed Sep­ empty containers on return. Note: If carrier, by motor vehicle, over irregular tember 9, 1966, published in the F ederal a hearing is deemed necessary, applicant routes, transporting: (1) Oil well sealing R egister issue of February 2, 1967, cor­ requests it be held at Milwaukee, Wis. mixture, in bulk and in bags, from Gra- rected and republished as corrected, this No. MC 127557 (Sub-No. 5), filed Feb­ vette, Ark., to points in Oklahoma, Loui­ issue. Applicant: EDWARD G. THIG­ ruary 3, 1967. Applicant: COMMER­ siana, Texas, Kansas, New Mexico, PEN, 3520 Krameria Street, Denver, Colo. CIAL TRANSPORTATION, INC., 856 Colorado, Wyoming, Montana, North 80207. Applicant’s representatives: G. Warner Street SW., Atlanta, Ga. 30310. Dakota, and Mississippi and (2) mate­ Gordon Whitman and/or James F. Applicant’s representative: Virgil H. rials and supplies used in the manufac­ Culver, 9981 North Washington Street, Smith, 431 Title Building, Atlanta, Ga. ture of oil well sealing mixture, on re­ Suite 15, Denver, Colo. 80229. Authority 30303. Authority sought to operate as a turn. Note: If a hearing is deemed sought to operate as a common carrier, common carrier, by motor vehicle, over necessary, applicant requests it be held by motor vehicle, over irregular routes, irregular routes, transporting: (1) at Kansas City, Mo. transporting: Junk metal, between points Oyster shell, crushed, in bags and fish No. MC 128464 (Sub-No. 2)^filed Jan­ in Colorado, Wyoming, Utah, and New meal in bags, from Jacksonville and uary 20, 1967. Applicant: M TRANS­ Mexico. Note: The purpose of this re­ Femandina, Fla., to points in Georgia: PORT COMPANY, INC., Post Office Box publication is to change the commodity and (2) citrus pulp or pumice, from 291, East Alton, 111. 62024. Applicant’s description from general commodities to points in Pasco and Orange Counties, representative: C. E. Vaughn (same ad­ scrap metal. If a hearing is deemed Fla., to points in Georgia. Note: Com­ dress as above!. Authority sought to necessary, applicant requests it be held mon control may be involved. If a hear­ operate as a contract carrier, by motor at Denver, Colo. ing is deemed necessary, applicant re­ vehicle, over irregular routes, transport­ No. MC 128685 (Sub-No. 2), filed Feb­ quests it be held at Atlanta, Ga. ing: (1) Common empty glass bottles, 1 ruary 6, 1967. Applicant DIXON No. MC 127834 (Sub-No. 7), filed Feb­ gallon or less in capacity, (a) from Lin­ BROS., a corporation, Post Office Box ruary 6, 1967. Applicant: CHEROKEE coln, 111., to points in New York, (b) 636, Newcastle, Wyo. 82701. Applicant’s HAULING & RIGGING, INC., 540-42 from East St. Louis, 111., to points in Ar­ representative: Ward A. White, Post Merritt Avenue, Nashville, Tenn. 37203. kansas, Indiana, Iowa, Kansas, Ken­ Office Box 568, Cheyenne, Wyo. 82001. Applicant’s representative: Robert M, tucky, Minnesota, Michigan, Missouri, Authority sought to operate as a common Pearce, Central Building, 1033 State Nebraska, Ohio, Oklahoma, Tennessee, carrier, by motor vehicle, over irregular Street, Bowling Green, Ky. 42101. Au­ and Wisconsin, and empty wooden shells routes, transporting: Feed and grain, in thority sought to operate as a common and cullet, on return, (2) building and bulk, from rail sidings at Newcastle, carrier, by motor vehicle, over irregular roofing materials, from East St. Louis, Wyo., to points in Weston and Platte routes, transporting: Iron or steel rods, 111., to points in Arkansas, Kentucky, Counties, Wyo. Note: If a hearing is angles, and reinforcing bars, iron and Missouri, Ohio, and Tennessee, under deemed necessary, applicant requests it steel and iron and steel articles from the contract with Obear Nester Glass Co., and be held at Cheyenne, Wyo. plantsite of Tennessee Forging Steel Certain-teed Products Corp. Note: Ap­ No. MC 128712 (Sub-No. 1), filed Feb­ Corp. near Harriman, Tenn., to points in plicant has pending in MC 128378 an ruary 1, 1967. Applicant: TED OWENS, Virginia. Note: If a hearing is deemed application for common carrier author­ 910 Macauley Avenue, Rice Lake, necessary, applicant requests it be held ity, therefore dual operations may be in­ Wis. 54868. Applicant’s representative: at Nashville, Tenn. volved. If a hearing is deemed neces­ George E. Norman, 103 North Main No. MC 127981 (Sub-No. 1), filed Feb­ sary, applicant requests it be held at St. Avenue, New Richmond, Wis. 54017. ruary 1,1967. Applicant: H. R. MILLER Louis, Mo., or Springfield, 111. Authority sought to operate as a contract TRUCKING, INC., 510 Dana Avenue, No. MC 128472 (Sub-No. 4) (Clarifica­ carrier, by motor vehicle, over irregular Columbus, Ohio. Applicant’s represent­ tion), filed January 16, 1967, published routes, transporting: (l) Animal and ative: Paul F. Beery, 100 East Broad F ederal Register issue of February 2, poultry feed, from Minneapolis, Minn., Street, Columbus, Ohio 43215. Authority 1967, clarified February 9, 1967, and re­ to Rice Lake, Wis., and (2) beer, carbon­ sought to operate as a common carrier, published this issue. Applicant: BARTZ ated beverages, and wine, from St. Paul by motor vehicle, over irregular routes, CARTAGE COMPANY, INC., 2611 In­ and Minneapolis, Minn., to Rice Lake, transporting: (1) Metal burial caskets, dustrial Drive, Racine, Wis. 53403. Ap­ Wis. Note: (1) and (2) above are under from Columbus, Ohio, to points in Ala- plicant’s representative: John T. Porter, contract with A. A. Bergeron Co., Inc., Arkansas, Louisiana, Mississippi, 1 South Pinckney Street, Room 708, and Sirianni & Co., Inc. both of Rice Nebraska, Oklahoma, and Texas: and Madison, Wis. 53703. Authority sought Lake, Wis., respectively. If a hearing is (2) returned metal burial caskets, from to operate as a common carrier, by motor deemed necessary, applicant requests it Points in Alabama, Arkansas, Louisiana, vehicle, over irregular routes, transport­ be held at Minneapolis, Minn. Mississippi, Nebraska, Oklahoma, and ing: General commodities (except those No. MC 128786 (Sub-No. 3), filed Jan­ Texas to Columbus, Ohio. Note: If a of unusual value, classes A and B ex­ uary 30, 1967. Applicant: W. B. HER­ nearing is deemed necessary, applicant plosives, household goods as defined by RICK TRUCKING CO., INC., Post Office requests it be held at Columbus, Ohio. the Commission, commodities in bulk, Box 414, Kendallville, Ind. 46755. Ap­ No. MC 128262 (Sub-No. 1), filed Feb- commodities requiring special equipment, plicant’s representative: Wm. L. Carney, L ^ Tr.y ^ *967. Applicant: F & G and those injurious or contaminating to 105 East Jennings Avenue, South Bend, TRUCKING COMPANY, INC., Rural other lading), between Chicago, 111., and Ind. 46614. Authority sought to operate oute 3, Fort Wayne, Ind. Applicant’s points in its commercial zone as defined as a contract carrier, by motor vehicle, i ^r^sentative: Thomas R. Chapman, by the Commission, on the one hand, over irregular routes, transporting: r

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3262 NOTICES

Van Buren Counties, Mich., under con­ CARTAGE COMPANY, 20536 Pennsyl­ Petroleum Co., Inc., and Marlen Gas Co. tract with Continental Baking Co., vania Road, Taylor, Mich. 48180. Appli­ Note : If a hearing is deemed necessary, Schiller Park, 111. Note: If a hearing cant’s representative: Anthony Nicita, applicant requests it be held at St. Louis, is deemed necessary, applicant requests 23394 Goddard Road, Taylor, Mich. Au­ Mo. it be held at New York, N.Y., or Wash­ thority sought to operate as a contract No. MC 128873, filed January 30, 1967. ington, D.C. carrier, by motor vehicle, over irregular Applicant: HOOPER OIL COMPANY, No. MC 128792, filed December 27, routes, transporting: Refractory prod­ INC, 102 East Powell Street, Brownsville, 1966. Applicant: ELDRED R. HILL, ucts in containers, from River Rouge Tenn. 38012, Applicant’s representative: R.F.D. 1, Clintonville, Wis. 54929. Ap­ (Wayne County), Mich., to Cleveland, C. T. Hooper, Jr. (same address as appli­ plicant’s representative: Ralph M. Lauer, Ohio, and containers on return, under cant) . Authority sought to operate as a 46 South Main Street, Clintonville, Wis. contract with National Foundary & Sand contract carrier, by motor vehicle, over 54929. Authority sought to operate as a Co. Note : If a hearing is deemed nec­ irregular routes, transporting: Lumber, common carrier, by motor vehicle, over essary, applicant requests it be held at from Leola, Ark., to Warren, Prescott, irregular routes, transporting: Passen­ Detroit, Mich. Malvern, and Sheridan, Ark., and gers and their baggage, and air express No MC 128868, filed January 19, Brownsville, Jackson, and Union City, and air freight in the same vehicle with 1967. Applicant: COBO, INC., R.F.D. Tenn., and that part of Tennessee west passengers, in special operations, re­ 2, Box 78-A, Round Rock, Tex. Appli­ of the Tennessee River, under contract stricted to traffic incidental to trans­ cant’s representative: Austin L. Hatch- with Riddle Lumber Sales Co., Jackson, portation by aircraft, between the air­ ell, 1102 Perry Brooks Building, Austin, Tenn. Note: If a hearing is deemed port in Clintonville, Wis., on the one Tex. 78701. Authority sought to oper­ necessary, applicant requests it be held hand, and, on the other, Austin Straubel ate as a common carrier, by motor ve­ at Memphis or Nashville, Tenn. Field, Green Bay, Wis.; Outagamie hicle, over irregular routes, transporting: No. MC 128876, filed January 31, County Airport, Appleton, Wis.; Win­ Lime, in bulk, in specialized equipment, 1967. Applicant: ZION FOODS COR­ nebago County Airport, Oshkosh, Wis.; from points in Comal, Harris, Hill, Trav­ PORATION, 482 Austin Place, Bronx, and Wausau Municipal Airport, Wau­ is, and Williamson Counties, Tex., to N.Y. 104455. Applicant’s representative: sau, Wis. Note : If a hearing is deemed points in Louisiana, Arkansas, Oklahoma, Michael H. Greenberg, 40 Wall Street, necessary, applicant requests it be held New Mexico, and Colorado. Note: If a New York, N.Y. 10005. Authority sought at Clintonville, Appleton, Green Bay, or hearing is deemed necessary, applicant to operate as a contract carrier, by motor Oshkosh, Wis. requests it be held at Dallas, or San An­ vehicle, over irregular routes, transport­ No. MC 128860, filed February 2, 1967. tonio, Tex. ing: Meat and meat products, between Applicant: BEN LARRY, doing busi­ No. MC 128870, filed January 19, Bronx, N.Y., and Somerset, N.J., and ness as LARRY’S EXPRESS, 720 Lake 1967. Applicant: NATIONAL MATE­ points in Connecticut, Delaware, Illinois, Street, Tomah, Wis. 54660. Applicant’s RIALS CORPORATION, Post Office Maryland, Massachusetts, Minnesota, representative: Edward Solie, Executive New Jersey, New York, Ohio, Pennsyl­ Box 187, New Braunfels, Tex. 78131. vania, Rhode Island, West Virginia, Vir­ Building, Suite 100, 4513 Vernon Boule­ Applicant’s representative: Joe T. Lan- ginia, and Wisconsin, under contracts vard, Madison, Wis. 53705. Authority ham, 1102 Perry Brooks Building, Aus­ sought to operate as a contract carrier, with wholly owned subsidiaries, H & H tin, Tex. 78701. Authority sought to op­ Provision Co., Inc., Zion Kosher Meat by motor vehicle, over irregular routes, erate as a common carrier, by motor ve­ transporting: Malt beverages and inci­ Products, Inc., Anderson & Tarlow, Inc.,, hicle, over irregular routes, transporting: Vermont Packing Co., Inc., Atco Foods, dental advertising materials, premiums, Lime, in bulk, in specialized equipment, and malt beverage dispensing equipment Inc., and K D Kosher Food Products, from points in Comal, Harris, Hill, Trav­ Inc. Note : If a hearing is deemed nec­ when shipped with malt beverages, (1) is, and Williamson Counties. Tex., to from Denver, Colo., St. Louis, Mo., La essary, applicant requests it be held at points in Louisiana, Arkansas, Oklaho­ New York, N.Y. Crosse, Wis., Chicago, 111., South Bend, ma, New Mexico, and Colorado. Note: Ind., Detroit, Mich., New York City, N.Y., If a hearing is deemed necessary, appli­ Motor Carriers of P assengers and Newark, N.J., to Minneapolis, Minn.; cant requests it be held at Dallas, or San No. MC 3700 (Sub-No. 53), filed Feb­ under continuing contract with Kuether Antonio, Tex. ruary 7, 1967. Applicant: MANHATTAN Distributing Co., Minneapolis, Minn.; No. MC 128871, filed January 27, 1967. TRANSIT COMPANY, a corporation, and (2) from Denver, Colo., St. Louis, Applicant: GULF COAST PRE-MIX Route 46, East Paterson, N.J. 07407. Ap­ Mo., La Crosse, Wis., South Bend, Ind., TRUCKING, INC., Scott Highway, La­ plicant’s representative: Robert E. Gold­ Detroit, Mich., New York City, N.Y., and fayette, La. Applicant’s representative: stein, 8 West 40th Street, New York, Newark, N.J., to Long Lake, Minn., under Howard L. Franques, Jr., Post Office N.Y. 10018. Authority sought to operate a continuing contract with Ingram L. Drawer 3743, 117 West Convent Street, as a common carrier, by motor vehicle, Thorpe, Long Lake, Minn. Note: If a Lafayette, La. 70501. Authority sought over irregular routes, transporting: hearing is deemed necessary, applicant to operate as a common carrier, by motor Passengers and their baggage, in the requests it be held at Madison, Wis., or vehicle, over irregular routes, transport­ same vehicle with passengers, in special Minneapolis, Minn. ing : All liquids pertaining to the drilling, round trip operations, beginning and No. MC 128863, filed February 7, bringing in, cleaning out, and working ending at New York, N.Y., and extending 1967. Applicant: SANNER BROS. over of oil wells and gas wells, including to Freehold Race Track, Freehold, N.J., TRUCKING CO., INC., Route 1, Rock- salt ivater and fresh water, in tank restricted to the authorized racing sea­ wood, Pa. Applicant’s representative: trucks, but excluding acids and fuel for son of each year for the track named. Arthur J. Diskin, 302 Frick Building, combustion purposes, from points in Lou­ Note: If a hearing is deemed necessary, Pittsburgh, Pa. 15219. Authority sought isiana to points in Mississippi. Note: applicant requests it be held at New to operate as a contract carrier, by mo­ If a hearing is deemed necessary, appli­ York, N.Y. tor vehicle, over irregular routes, trans­ cant requests it be held at Baton Rouge, No. MC 114757 (Sub-No. 6), filed Feb­ porting: (1) Coal, from points in Som­ or New Orleans, La. ruary 1,1967. Applicant: EMPIRE BUS erset County, Pa., to points in Mary­ No. MC 128872, filed January 30, 1967. LINES, INC., 186 Smith Street, Pough­ land and West Virginia, and (2) Cinders, Applicant: GELDBACH TRANSPORT, keepsie, N.Y. 12601. Applicant’s repre­ from points in Maryland to points in INC., 5884 Lemay Ferry Road, St. Louis, sentative : Louis H. Shereff, 292 Madison Somerset County, Pa., under continuing Mo. 63129. Applicant’s representative: Avenue, New York, N.Y. 10017. Author­ contract with Sanner Bros. .Coal Co. Joseph R. Nacy, 117 West High Street, ity sought to operate as a common car­ Note: If a hearing is deemed necessary, Post Office Box 352, Jefferson City, Mo. rier, by motor vehicle, over regular routes, applicant requests it be held at Wash­ 65101. Authority sought to operate as a transporting: Passengers and their bag­ ington, D.C., or Pittsburgh, Pa. contract carrier, by motor vehicle, over gage, and express, mail, and n e w s p a p e rs No. MC 128867, filed February 6, irregular routes, transporting: Liquified in the same vehicle with passengers, be­ 1967. Applicant: GERALD A. Mc- petroleum gases, from Wood River and tween Stormville, N.Y., over New York CAHILL AND JAMES W. NADEAU, Hartford, 111., to Valley Park and Foris- Highway 52 to junction with U.S. High­ a partnership, doing business as G & J tell, Mo., under contract with Geldbach way 6, and Interstate Highway 84,

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3263 thence over U.S. Highway 6 and Inter­ carrier, by motor vehicle, over regular sengers in any one vehicle, not including state Highway 84 to Danbury, Conn., and and irregular routes, transporting: Pas­ the driver thereof, (1) between La- return over the same route, serving all sengers and baggage, and express and Guardia Airport and Kennedy Interna­ intermediate points, with restriction newspapers in the same vehicle with pas­ tional Airport, both at New York, N.Y., against picking up passengers between sengers: (A> Over regular routes: (1) and Suffem, N.Y., (a) from the airports Brewster, N.Y., and Danbury, Conn., for Between Bellingham, Wash., and Fern- over city streets and parkways to the discharge between these two points. dale, Wash., from Bellingham over George Washington Bridge (the Hudson Note : Applicant states it would tack the Washington Highway 540 (also over U.S. River crossing between New York and proposed authority with its present au­ Highway 99 or Interstate Highway 5), New Jersey); thence via New Jersey thority at Stormville, N.Y., to serve to Ferndale, and return over the same Highway 4 to intersection of New Jersey points in Connecticut between Danbury routes, serving all intermediate points; Highway 17; thence via New Jersey and New Haven to Stormville and Pough­ (2) between Bellingham, Wash., and Highway 17 and New York Highway 17 keepsie, N.Y. Applicant holds contract Legoe Bay, Wash., from Bellingham to Suffern, N.Y., and (b) (Alternate carrier authority in MC 126689 Sub 2, over unnumbered highway (known as Route) from the George Washington therefore, dual operations may be in­ Marine Drive) via Marietta to junction Bridge to Suffem via Teterboro Airport volved. If a hearing is deemed neces­ unnumbered highway (known as Lummi on U.S. Highway 46 and New Jersey sary, applicant requests it be held at Shore Road), thence over Lummi Shore Highway 505; thence to Fair Lawn, N.J., New York, N.Y. Road to Gooseberry Point, Wash., thence on New Jersey Highways 4 and 504; No. MC 115116 (Sub-No. 18), filed via ferry to Lummi Island, thence over thence to Glen Rock, Ridgewood, Hoho- January 30, 1967. Applicant: SUBUR­ unnumbered highways to Legoe Bay, and kus, Waldwick, Ramsey, and Mahwah, BAN TRANSIT CORP., 750 Somerset return over the same route, serving N.J., and Suffem, N.Y., via New Jersey Street, New Brunswick, N.J. 08901. Ap­ all intermediate points; (3) between Highway 507, and return over the same plicant’s representative: Michael J. Bellingham, Wash., and Birch Bay, routes serving all interrpediate points in Marzano, 17 Academy Street, Newark, Wash., from Bellingham over Marine connection with (a) and (b) above, (2) N.J. 07102. Authority sought to oper­ Drive to Marietta, thence over unnum­ between LaGuardia Airport and Kennedy ate as a common carrier, by motor ve­ bered highway (known as Ferndale River International Airport, both at New York, hicle, over regular routes, transporting : Road) to Ferndale, thence over unnum­ N.Y., and Parsippany, N.J., from the air­ Passengers and their baggage, and news­ bered highway (known as Old Blaine- ports over city streets and parkways to papers, and express, in the same vehicle Ferndale Highway) to Pleasant Val­ Verrazano Narrows Bridge between with passengers, between Trenton and ley, thence over unnumbered highway Brooklyn and Staten Island, and Montgomery Township, N.J., over New (known as Birch Bay Road) to Birch Goethals Bridge between Staten Island Jersey Highway 69 to its junction with Bay, and return over the same route and Elizabeth, N.J.; thence to Newark county Highway 518 Spur in Hopewell serving all intermediate points. Airport via the New Jersey Turnpike; Township, N.J., thence over county C4) Between Birch Bay and Blaine, thence to Union, Orange, Bloomfield, Highway 518 Spur to its junction with Wash., from Birch Bay over unnumbered Montclair, and Caldwell to Parsippany county Highway 518 in the Borough of highway (known as Shintaffer Road) to via New Jersey Highway 21 and the Hopewell, N.J., thence over county High­ junction unnumbered highway (known Garden State Parkway and New Jersey way 518 to its junction with U.S. High­ as Drayton Harbor Road), thence over Highway 506, and return over the same way 206 in Montgomery Township, N.J., Drayton Harbor Road to Old Blaine- routes serving all intermediate points. and return over the same route, in con­ Ferndale Highway, thence over Old (3) Between LaGuardia Airport and nection with carrier’s presently author­ Blaine-Femdale Road to junction Kennedy International Airport, both at ized regular-route operations, serving all U.S. Highway 99, and thence over U.S. New York, N.Y., and Raritan, N.J., (a) intermediate points. Note : Applicant Highway 99 to Blaine, Wash., and return from the airports over city streets and holds contract carrier authority in MC over the same routes, serving all inter­ parkways to Verrazano Narrows Bridge 127542, therefore, dual operations may mediate points, and (5) between Belling­ between Brooklyn and Staten Island, be involved. If a hearing is deemed ham, Wash., and Neptune Beach, Wash., and Outerbridge Crossing between Staten necessary, applicant requests it be held from Bellingham over Marine Drive to Island and Perth Amboy, N.J.; thence at Trenton or Newark, N.J. junction unnumbered highway (known over U.S. Highway 1 or New Jersey High­ No. MC 127379 (Sub-No. 1), filed Jan­ as Slater Road), thence over Slater Road way 27 as the case may be to Metuchen uary 31, 1967. Applicant: DRIVE-U­ to junction unnumbered highway and New Brunswick and thence via New SER VICE, INC., 429 Deaderick Street, (known as Kickerville Road), thence Jersey Highway 18 and U.S. Highway 22 Nashville, Tenn. Applicant’s represent­ over Kickerville Road to Neptune Beach to Raritan, and (b) from the airports ative: Bernard C. Pestcoe, 412 City (also from Bellingham over unnumbered over city streets and parkways to Verra­ National Bank Building, 25 West Flagler highway (known as Mountain View zano Narrows Bridge between Brooklyn Street, Miami, Fla. Authority sought to Road) to junction Kickerville Road, and and Staten Island, and Goethals Bridge operate as a common carrier, by motor thence over Kickerville Road to Neptune between Staten Island and Elizabeth, vehicle, over irregular routes, transport­ Beach), and return over the same routes, N.J.; thence to Westfield, Plainfield, ing: Used passenger automobiles by em­ serving all intermediate points. (B> Bound Brook, and Raritan via New Jer­ ployed drivers in driveaway service, in Over irregular routes: In charter opera­ sey Highway 28, and return over the secondary movements with or without tions, beginning and ending at points on same routes serving all intermediate passengers and with or without baggage the regular routes in (A) above, and ex­ points in connection with (a) and (b) or personal effects, (1) from points in tending to points of entry on the inter­ above, and (4) between LaGuardia Air­ Dade, Broward, and Palm Beach Coun­ national boundary line between the port and Kennedy International Airport ties, Fla., to points in the United States United States and Canada at or near both at New York, N.Y., and Trenton, (excluding Alaska and Hawaii), and (2) Blaine, and Sumas, Wash., and points N.J., from the airports over city streets from points in the United States (exclud­ in Oregon, Idaho, Washington, Cali­ and parkways to Verrazano Narrows ing Alaska and Hawaii) to points in fornia, Nevada, Arizona, Montana, and Bridge between Brooklyn and Staten Dade, Broward, and Palm Beach Coun­ Utah. Note: If a hearing is deemed nec­ Island, and Outerbridge Crossing be­ ties, Fla. Note: If a hearing is deemed essary, applicant requests it be held at tween Staten Island and Perth Amboy, necessary, 'applicant requests it be held Seattle, Wash. N.J.; thence via U.S. Highway 1 or New at Miami, Fort Lauderdale, or Palm No. MC 128823, filed December 30,1966. Jersey Highway 27 as the case may be Beach, Fla. Applicant: ROBERT C. BELL, JR., to Metuchen, New Brunswick, Princeton, No. MC 128766 (Sub-No. 1), filed De­ 1 East 44th Street, New York, N.Y. 10017. Lawrenceville, and Trenton, and return cember 22, 1966. Applicant: GEORGE Authority sought to operate as a com­ V. HESSELGRAVE, doing business as mon carrier, by motor vehicle, over regu­ over the same routes serving all inter­ ote b e l l i n g h a m - f e r n d a l e s t a g e s , lar routes, transporting: Passengers and mediate points. N : If a hearing is Box 55, Rock Road, Sumas, Wash. 98295. their baggage, and pets, limited to the deemed necessary, applicant requests it Authority sought to operate as a common transportation of not more than 11 pas­ be held at New York, N.Y.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, T967 3264 NOTICES

Applications in Which H andling W ith­ [Notice 1480] North Carolina, Ohio, South Carolina, out Oral H earing H ave Been R equested Virginia, West Virginia, and the District MOTOR CARRIER TRANSFER of Columbia. James E. Wharton, Post No. MC 110420 (Sub-No. 538) (Clari­ PROCEEDINGS Office Box 231, Orlando, Fla. 32802, at­ fication), filed December 14, 1966, pub­ torney for applicants. lished in the F ederal R egister issue of February 20, 1967. January 12, 1967, amended January 18, No. MC-FC-69406. By order of Synopses of orders entered pursuant to February 15, 1967, the Transfer Board 1967, republished as amended February section 212(b) of the Interstate Com­ 9, 1967, clarified February 9, 1967, and approved the transfer to Robbins Motor merce Act, and rules and regulations pre­ Transportation, Inc., Eddystone, Pa., of republished as clarified, this issue. Ap­ scribed thereunder (49 CFR Part 179), plicant: QUALITY CARRIER, INC., 100 appear below: the operating rights in certificate Nos. South Calumet Street, Burlington, Wis. As provided in the Commission’s spe­ MC-45764 (Sub-No. 1), MC-45764 (Sub- 53105. Applicant’s representative: Allan cial rules of practice any interested per­ No. 7), MC-45764 (Sub-No. 9), and MC- B. Torhorst, Burlington, Wis. 53105. son may file a petition seeking reconsid­ 45764 (Sub-No. 11), issued August 24, Authority sought to operate as a common eration of the following numbered pro­ 1962, June 19, 1958, May 12, 1959, and carrier, by motor vehicle, over irregular ceedings within 20 days from the date of April 8, 1965, respectively, to Maurice routes, transporting: Coating compounds, publication of this notice. Pursuant to Robbins, doing business as Robbins edible, in bulk, in tank vehicles, from section 17(8) of the Interstate Commerce Motor Transportation, Eddystone, Pa., Cincinnati, Ohio, to Grand Rapids, Act, the filing of such a petition will authorizing the transportation of: Gen­ Mich., and Denver, Colo. Note: The postpone the effective date of the order eral commodities, with the usual excep­ purpose of this republication is to clarify in that proceeding pending its disposi­ tions, and numerous specifically named the application to show Denver, Colo., tion. The matters relied upon by peti­ commodities, between points in Penn­ as a destination point in lieu of Chicago, tioners must be specified in their peti­ sylvania, New Jersey, Delaware, New 111. tions with particularity. York, Maryland, Connecticut, Massachu­ Motor Carrier of P assengers setts, and the District of Columbia. No. MC—FC-69390. By order of Feb­ Alvin S. Moses, 1632 Bankers Security No. MC 1515 (Sub-No. 114), filed Jan­ ruary 15, 1967, the Transfer Board ap­ Building, Philadelphia, Pa. 1^107, attor­ uary 31, 1967. Applicant: GREY­ proved the transfer to Wilson Truck Line, ney for applicants. HOUND LINES, INC., 10 South River­ Inc., Oakland, Iowa, of the operating side Plaza, Chicago, 111. 60606. Appli­ rights in certificate No. MC-60915, issued No. MC-FC-69409. By order of Feb­ cant’s representative: W. T. Meinhold, October 11, 1949, to Duane Wilson, Oak­ ruary 15, 1967, the Transfer Board ap­ c/o Western Greyhound Lines, 371 Mar­ land, Iowa, and authorizing the transpor­ proved the transfer to the Brisson ket Street, San Francisco, Calif. 94105. tation, over irregular routes, of livestock, Trucking Co., Inc., Golden, Colo., of the Authority sought to operate as a com­ agricultural implements, feed and lum­ operating rights in certificates Nos. MC- mon carrier, by motor vehicle, over reg­ ber, between Oakland, Iowa, and points 115944 (Sub-No. 1), MC-115944 (Sub- ular routes, transporting: Passengers and places within 15 miles of Oakland, on No. 2), and MC-115944 (Sub-No. 5), is­ and their baggage, express, and news­ the one hand, and, on the other, Omaha, sued November 26, 1958, March 12, 1962, papers, in the same vehicle with passen­ Nebr. Duane Wilson, Rural Route No. 2, and December 27, 1965, respectively, to gers. Proposed Alternate Route No. 78 Oakland, Iowa 51560, representative for Walter B. Cosper, Central Bank & Trust on Revised Certificate Sheet No. 20 to applicants. Co., Gladys M. Cosper, trustees, Golden, adopt segments of Bradshaw Road Junc­ No. MC-FC-69394. By order of Feb­ Colo., authorizing the transportation of: tion, and Grant Line Road Junction in ruary 15, 1967, the Transfer Board ap­ Malt beverages, from Golden, Colo., to lieu of present segment of Alternate proved the transfer to Trip Transport, points in Arizona, and empty malt bev­ Route No. 79 between Scott Road Junc­ Inc., Philadelphia, Pa., of certificate No. erage containers, on return. Leslie R. tion on U.S. Highway 50 and Grant Line MC-42087, issued January 14, 1964, to Kehl, 420 Denver Club Building, Denver, Road Junction on U.S. Highway 99, Salvatore Finocchiaro, doing business as Colo. 80202, attorney for applicants. herein requested that the former Finocchiaro Motor Freight, Philadelphia, No. MC-FC-69421. By order of Feb­ alternate route previously revoked be Pa., and authorizing the transportation ruary 21, 1967, the Transfer Board ap­ reauthorized and available for opera­ of, among other things, agricultural proved the. transfer to Kenneth J. Lee tion whenever the hazardous fog condi­ commodities, from Swedesboro, N.J., to and Edward Losli, a partnership, doing tion prevails. Proposed Alternate Route Baltimore, Md., Philadelphia, Pa., Wil­ business as Sunset Freight Line, Hills­ No. 78: Between Bradshaw Road Junc­ mington, Del., and New York, N.Y., and boro, Oreg., of that portion of certificate tion and Grant Line Road Junction: from Bridgeton, N.J., to Philadelphia, No. MC-105167 (Sub-No. 2), issued No­ From junction U.S. Highway 50 and Pa.; canned goods, from Baltimore, Md., vember 10, 1950, to C. W. McPeak, doing Bradshaw Road (Bradshaw Road Junc­ to Philadelphia, Pa., and from Philadel­ business as McPeak Truck Service, tion), over Bradshaw Road to junction phia, Pa., to Swedesboro, N.J., and other Banks, Oreg., and transferred June 30, Grant Line Road, thence over Grant specified commodities from and to and 1965, pursuant to No. MC-FC-67854, to Orville John Alder and‘Frances Fluno Line Road to junction U.S. Highway 99 between these and other eastern points. Robert B. Einhom, 1540 P.S.F.S. Build­ Alder, a partnership, doing business as (Grant Line Road Junction), to be used ing, Philadelphia, Pa. 19107, and Erwin Sunset Freight Line, Hillsboro, Oreg., and for operating convenience only, with no L. Pincus, 1103 Robinson Building, Phil­ assigned No. MC-127386, authorizing the service at intermediate points. Note: adelphia, Pa. 19102, attorneys for appli­ transportation of general commodities, Applicant states all present operating cants. with exceptions, over a regular route, be­ authority of applicant, so far as affects MC-FC-69404. By order of February tween Portland, Oreg., and Buxton, 15, 1967, the Transfer Board approved Oreg., serving the intermediate points of the territory and subject matter herein Cedar Mill, North Plains, and Manning, involved, is contained in Fourth Revised the transfer to P. Bradley Findlen, Nor­ folk, Mass., of the operating rights in Oreg., and the off-route point of Moun- Certificate of Public Convenience and certificate No. MC-103613, issued Febru­ taindale, Oreg., and between Portland Necessity dated November 2, 1966, in ary 8, 1965, to Charles Glenn, St. Peters­ and junctions Oregon Highways 2 and Docket No. MC 1515 (Sub-No. 7). Com­ burg, Fla., authorizing the transporta­ 47 with New Oregon Highway 2 (north of mon control may be involved. tion of: Flowers and plants, and Horses, Banks, Oreg.), serving the intermediate By the Commission. other than ordinary, and equipment and point of Banks, and the off-route points paraphernalia incidental to their trans­ of Wilksboro, Roy, and Berboort, Oreg. [seal] H. Neil Garson, portation, between points in New York, Secretary. Connecticut, Delaware, Maryland, Mas­ Earle V. White, White & Southwell, 2130 Southwest Fifth Avenue, Portland, Oreg. [F.R. Doc. 67-2032; Filed, Feb. 23, 1967; sachusetts, New Jersey, Pennsylvania, 8:45 a.m.] Rhode Island, Maine,.New Hampshire, 97201, attorney for applicants.

* FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 NOTICES 3265

No. MC-FC-69437. By order of Feb­ tests to: Raymond E. Mauk, District Su­ by motor vehicle, over irregular routes, ruary 14, 1967, the Transfer Board ap­ pervisor, Bureau of Operations and Com­ .as follows: Accounting, bookkeeping, proved the transfer to W. D. Wills, doing pliance, Interstate Commerce Commis­ billing, and office records, memoranda, business as W. D. Wills & Sons, Garland, sion, U.S. Courthouse, Federal Office media and documents, and interoffice Nebr. 68360; of certificate In No. MC- Building, 219 South Dearborn Street, records and memoranda, between points 123565, issued September 4, 1962, to Nel­ Chicago, HI. 60604. in Kent and Sussex Counties, Del., on the son Truck Lines, Inc., 201 South Locust, No. MC 113624 (Sub-No. 35 TA), filed one hand, and, on the other, points in Twin Falls, Idaho 83301; authorizing the February 16, 1967. Applicant: WARD Cecil, Harford, Baltimore, Anne Arundel, transportation of: Animal, poultry, and TRANSPORT, INC., Post Office Box 133, Prince Georges, Wicomico, and Howard fish feed ingredients, from points in Iowa Pueblo, Oolo. 81002. Applicant’s repre­ Counties, Md., the city of Baltimore, Md.; and Nebraska and a specified part of sentative: Marion F. Jones, 420 Denver points in Philadelphia, Delaware, Ches­ Minnesota, to Buhl and Twin Falls, Club Building, Denver, Colo. 80202. Au­ ter, Montgomery, Berks, Bucks, Adams, Idaho. thority sought to operate as a common York, and Lancaster Counties, Pa.; and carrier, by motor vehicle, over irregular points in Atlantic, Camden, and Burling­ [seal] H. Neil Garson, routes, as follows: Coal tar products, ton, NJ., for 180 days. Supporting Secretary. from Pueblo, Colo., to points in New shipper : Farmers Bank of the State of [F.R. Doc. 67-2106; Filed, Feb. 23, 1967; Mexico, Texas, Kansas, and Kansas City, Delaware, Post Office Box 1287, Wilming­ 8:49 am.] Mo., and its commercial zone, for 150 ton, Del. 19899. Send protests to: Paul days. Supporting shipper: CF&I Steel J. Lowry, District Supervisor, Bureau of [Notice 341] Corp., Pueblo, Colo. Send protests to: Operations and Compliance, Interstate Herbert C. Ruoff, District Supervisor, Commerce Commission, 206 Old Post MOTOR CARRIER TEMPORARY Bureau of Operations and Compliance, Office Building, 129 East Main Street, AUTHORITY APPLICATIONS Interstate Commerce Commission, 2022 Salisbury, Md. 21801. Federal Office Building, Denver, Colo. No. MC 128862 (Sub-No. 1 TA), filed F ebruary 20,1967. 80202. February 16, 1967. Applicant: B. J. The following are notices of filing of No. MC 117698 (Sub-No. 4 TA), filed CECIL, doing business as B. J. CECIL applications for temporary authority un­ February 16, 1967. Applicant: LEO H. TRUCKING, Box 278, Claypool, der section 210a(a) of the Interstate SEARLES, doing business as L. H. Ariz. 85532. Applicant’s representative: Commerce Act provided for under the SEARLES, South Worcester, N.Y. 12197. Richard Minne, Luhrs Building, Phoe­ new rules in Ex Parte No. MC 67 (49 CFR Applicant’s representative: Harold C. nix, Ariz. 85003. Authority sought to Part 240) published in the F ederal R eg­ Vrooman, 140 Main Street, Oneonta, N.Y. operate as a common carrier, by motor ister, issue of April 27, 1965, effective 13820. Authority sought to operate as vehicle, over irregular routes, as follows: July 1, 1965. These rules provide that a common carrier, by motor vehicle, over Shredded iron and grinding balls, from protests to the granting of an application irregular routes, as follows: Ice cream railside at Kingman, Ariz., to Duval must be filed with the field official named and ice cream products, ice confections, Potash and Sulphur Mineral Park Mine in the Federal R egister publication, and ice mix, such as ice cream in bulk, located approximately 17 miles West of within 15 calendar days after the date or in small containers, fudgesicles, pop- Kingman, Ariz., for 180 days. Support­ notice of the filing of the application is sicles, cones, candied ice cream, sherbets ing shipper: Duval Corp., Post Office published in the F ederal R egister. One in bulk, or in small containers, or on Box 1271, Kingman, Ariz. 86401. Send copy of such protest must be served on sticks, for 180 days. Supporting shipper: protests to: Andrew V. Baylor, District the applicant, or its authorized repre­ Simonson Bros. Ice Cream, Inc., Oneonta, Supervisor, Bureau of Operations and sentative, if any, and the protest must N.Y., H. P. Hood and Sons, Inc., Ravena, Compliance, Interstate Commerce Com­ certify that such service has been made. N.Y. Send protests to: Charles F. mission, Phoenix, Ariz. 85025. The protest must be specific as to the Jacobs, District Supervisor, Bureau of service which such protestant can and Operations and Compliance, Interstate By the Commission. will offer, and must consist of a signed Commerce Commission, 215-217 Post Of­ [seal] H. Neil Garson, original and six copies. fice Building, Binghamton, N.Y. 13902. Secretary. A copy of the application is on file, and No. MC 119988 (Sub-No. 15 TA), filed [FJR. Doc. 67-2107; Filed, Feb. 23, 1967; can be examined, at the Office of the Sec­ February 16, 1967. Applicant: GREAT 8:49 a.m.] retary, Interstate Commerce Commis­ WESTERN TRUCKING CO., INC., 811 % sion, Washington, D.C., and also in the North Timberland Drive, Box 1384, Luf­ field office to which protests are to be kin, Tex. 75901. Applicant’s representa­ transmitted. tive: Bennie W. Haskins (same address CIVIL AERONAUTICS BOARD Motor Carriers of Property as above). Authority sought to operate as a common carrier, by motor vehicle, [Docket No. 17876] No. MC-99780 (Sub-No. 7 TA), filed over irregular routes, as follows: Brick February 16,1967. Applicant: CHIPPER and tile (clay products), not including SALT LAKE CITY-LAS VEGAS-SOUTH­ CARTAGE COMPANY, INC. (Id-Corp.), pottery, from points in Henderson and ERN CALIFORNIA SERVICE CASE 1327 Northeast Bond Street, Peoria, Rusk Counties, Tex., to points in Ar­ Notice of Prehearing Conference 111. 61605. Applicant’s representative: kansas, for 180 days. Supporting ship­ George S. Mullins, 4704 West Irving Park per: Timberlake Brick Co., Inc. (Mr. Notice is hereby given that a prehear­ Road, Chicago, HI. 60641. Authority Wm. B. Timberlake), 1324 West Capitol, ing conference in the above-entitled sought to operate as a common carrier, Little Rock, Ark. 72201. Send protests proceeding is assigned to be held on by motor vehicle, over irregular routes, to: District Supervisor, Bureau of Oper­ as follows: Frozen foods, including fish, March 9, 1967, at 10 a.m., e.s.t., in Room ations and Compliance, Interstate Com­ 726, Universal Building, 1825 Connecti­ meat, and meat byproducts, 1 bakery merce Commission, Post Office Box 61212, goods, prepared foods, fruits and vege­ Houston, Tex. 77061. cut Avenue NW., Washington, D.C., be­ tables, soups, fruit and vegetable juices, No. MC 128570 (Sub-No. 1 TA), filed fore Examiner William J. Madden. also fresh fruits and vegetables, cold February 16,1967. Applicant: BROOKS Dated at Washington, D.C., Febru­ Pack or frozen, from East Peoria, 111., ARMORED CAR SERVICE, INC., 13 ary 20,1967. . Points in Illinois, Indiana, Iowa, Mich­ East 35th Street, Wilmington, Del. Ap­ el*1*’ Missouri, Ohio, and Wisconsin, for plicant’s representative: H. James Con­ [seal] T homas L. W renn, 180 days. Supporting shipper: United away, Jr., Bank of Delaware Building, Associate Chief Examiner. states Cold Storage Corp., 255 Cilco Wilmington, Del. 19801. Authority [F.R. Doc. 67-2094; Filed, Feb. 23, 1967; J^ane, East Peoria, 111. 61611. Send pro­ sought to operate as a common carrier, 8:48 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. I---- 8 3266 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during February.

3 CFR Page 7 CFR— Continued Page 10 CFR— Continued P ag e P roclamations: P roposed R ules—Continued P roposed R ules: 3765 ... 1167 729______2896 30_...... ------2575 3766 ... 3131 813—______1132 31 ______2649 3767 __ 3133 814______2573 32 ___ 2575,2649 3768 . 3135 822___ :______2708 50l_...... 2821,2851 Executive Orders : 908______2896 115...... ___ 2821 991______3023 July 9, 1910 (revoked in part T2 CFR by PLO 4159)...... 3021 1001 _ 1181,2447,2644,2819 May 11, 1915 (revoked in part 1002 ______2447, 2819, 2896 l ...... 2499 by PLO 4159)______3021 1008______3156 i l - ______3090 10854 (see EO 11326)______2841 1015______1181, 2447, 2644, 2819 217______2428 11198 (modified by EO 11328) _ 3137 1031 ______2573 531______2366 11325 ______1119 1032 _____ 2573 P roposed R ules: 11326 ______2841 1034______2573, 3064 10_...... 2640 11327 ___ 2995 1036______3156 18______2640 1038 ______2573 509______2650 11328-______3137 1039 ______2573 residential ocuments ther 2654 P D O 1044 ______2573 547...... — Than P roclamations and Ex­ 548— 2654 1045 _____ 2573 ...... ecutive Orders: 549______2654 Letter of Feb. 1,1967™.— 2493,2495 1047______—- 1132 550— ...... 2654 1048-1...... 3156 551______2654 1049 ______2382 2658 5 CFR 1050 ______2573 566______213— ______2361, 2805, 2931, 3085 1051 ______2573 13 CFR 410______— ______3085 1062___ 2573 Ch. I______2377 531____ - ______3141 1063—______2573, 2644 1Ò1.______2377 831______2427 1064______1133,2573 107______2769 1067 ______2573 121______2564 7 CFR 1068 _ 2573 1070 ______2573, 2644 P roposed R ules: 1_____ 2805 1071 _ 2573 121______2710 51—______- ______3213 1078—______- 2573, 2644 81______2442 1079______2573, 2644 14 CFR 210______<______2883 1097______1 - ______2573 21______2999 319___ 2443 1098—______2573 37______3141 401______1123,1169, 2931 1099______2448, 2573, 2820 39______2438- 404______1124 1102______2573 2440, 2775, 2807, 3048, 3091, 3218 410 ______1124 ' 1104___ *______—_ 2573 61______3000 411 ______1124 1106______2573, 2574 71______2002, 717 __ 3139 1108—____ 2573 2368^2370, 2440-2442, 2615, 2775, 718 ______— 31391120______2573 2808, 2884, 2939, 3048-3050, 3091, 722______2361, 2931 1126 ______2573,2574 3219. 724______1124, 2603, 2609, 2936, 3045 1127 ______2573 73___ 2002, 2370, 2699, 2775, 3092, 3219 729 _ 1169 1128 ______—- 2382 75 ______2002, 2442, 3092 730 ______1169, 29971129—______2573 91______2940, 3000 775______2500 1130_____ 2573 95 ______— 3001 81L______2609, 3085 1132______2573 97__ , ______2371, 2776, 3003, 3220 816______—— ______3045 1138______2573, 2849 121______- 3223 850______2697, 2997 241______2808 877______- ____ ' 3086 8 CFR P roposed R ules: 907 ______1125, 2444, 2805, 3046 212______2500 25. 3226 908 ______2999, 3046 37 HI ___ I 3171, 3175, 3226 910___ 2445, 2524, 2806, 2843, 3046, 3090 242______2883 245______2883 39 ""_____ 2382, 912______2445, 2806, 3047 2450, 2451, 2576, 2577, 2821, 2897, 913 ______2445, 2806, 3047 9 CFR 3063. 944______—______: 2938 61 ______3171 981_____ 2939 1— ______3270 71 III———— ——______2383, 9 9 1 -1 -—______- _____ 1125 2______3270 2451-2453, 2578, 2649, 2650, 2709, 1001_____ 2361 3-______3273 2787, 2860, 2897, 2898, 3100-3102, 1002—______2362, 2807 53______-___ 2427 3227,3228. 1015______2362 97______2843 73______— 2453,3103,3104 1032______—__:______2611 324— ______2769 75______— 2453, 2454, 3228 1049______2939 325______—______2769 2860 1064______— 2363 91______P roposed Rules : 121______’~I~_I 2860, 3226 1096______- 1125 207 ______2821 1205______2698 76______2643 2821 203______2575 208 _____ 1421______2883 212______' "II___ 2821 P roposed R ules: 214______"I“ ____ 2821 TO CFR I_ —12821,2955 29______3226 221______— 2955 201______2644 50______2562, 3090 250______301______2642 70______2364, 2562 295______'“ ” 1111- 2821 296a______2955 319______1181 115______2563 “H_ 3170 330____ 2787 140______2563 399______FEDERAL REGISTER 3267

15 CFR **** 25 CFR Page 38 CFR Pa&e 11______1126 P roposed Rules : 1 ------___------2613 202______2814 52 ______3061 2 ------2815 230______— ___ 2377, 2843 53 ------3062 14-----.---- 2429 602------1___ 2433 221______2849 36______3096 16 CFR 26 CFR 39 CFR 13______- ______1170, 1 ______3214 114------3018 2497-2499, 2884, 2885, 3050, 3051, P roposed R ules: 126 ----- 3018 3225. 1------_,------3155 127 -— ______3057 15______— 1171, 2844 31—______2565 131 ------2703, 2816 302______2377 46______2565 132 ------2703, 3018 48 ______2565 137______:______2703, 2894 Proposed R ules : 49 ______2565 141______2432 602______'____ ^______1131 143 ______2895 29 CFR 144 ______2703 18 CFR 155------2432, 2624 2 ----- 3216 172______3096 2_____ 2844 10___------;------3050 800 224______3058 141______2845 ______2378 271------___-_____ 3058 P roposed R ules: . 956_____ 3143 19 CFR 460______2708 1------1------3008 463______2709 41 CFR 4____ 3052 Ch. V______2953,3100 1-1-— ______2624 5 ------1176 608______2648 1-2------;______2626 8------__------3008 689______2648 1-12------2626 10.^------2437 694______2820 4-1____ 1176 1602______2852, 3100 Proposed Rules: 4-3______1177 4-4------1177 4___ 2819 30 CFR 11______2819 4-5------1179 53—__------^______2944 4-12------1179 4-16______1180 20 CFR 31 CFR 4-50---- 1180 1 ---- 2699 3 ------_------3056 9-1______3146 255------3224 50-202______2431 405------1172 32 CFR 101-7______3146 610------3052 164______2772 101-10______3146 6H—------3052 553------2886 101-11______3147 614------l__ 3052 591------2616 101-20______2432 Proposed Rules: 596 ___ 2622 42 CFR 405__------2688 597 ______.______2622 600------2623 P roposed R ules: 21 CFR 602—------2623 77------3169 606_.------~______2623 3------H72 706------2624 43 CFR ------1127 713------__------2525 19 ------1127, 2611 407------2774 726------Ism______2846 408_------2774 02 ------1128 818------is------2367 ------_ 1128 410------2774 837—------3009 414 ------2774 31------1128, 2940 841------3010 ------2941 415 ------2774 908------__ 2367, 3011 418__ 3098 jon------— — — 2893 1001------L------3011 1810______.__ 3059 l o r ------2 6 H ’ 2893> 3 0 9 2 1004------3012 121------1173, 1007------3012 P ublic Land Orders: 2611, 2612, 2701, 2845, 2846, 2894, 1009______3012 684 (see PLO 4161) ______3151 2941-2943. 1053 ____ 3017 1654 (revoked in part by PLO JJ®?------—— 2894 1054 _ 3018 4154)______3020 JJ8i— ------1172 1622______2367 2198 (revoked in part by PLO 1643------1130 4157)______3020 4152 ______2817 Proposed Rules : 32 A CFR 4153 ------2888 8-----i — ------2645, 2646, 2897 BDSA (Ch. V) : 4154 _____ 3020 19------2646, 2647 M-11A, Dir. 2______2886 4155 ______3020 OIA (Ch. X) 4156 ______3020 f28------2647, 2709OI Reg. 1___ 1175 4157—------3020 }41e------1184 4158 ------3021 4159 ______3021 33 CFR 4160 _ 3021 64_____------;------* 3056 4161 _ 3151 23 CFR 201------______3057 255-"------2408 203______3096 45 CFR 207---- ____------______3057 Proposed Rules: 116------2742 285------2417, 241835 CFR 117 -----J------2753 118 ------2758 24 CFR 61------3216 130------2946 402------1------3148 2oo - - - 305236 CFR 611------3150 00------3092 7------2564 705------2848 3268 FEDERAL REGISTER

45 CFR—Continuée! Page 47 CFR—Continued Page 47 CFR—Continued Pa&e P roposed R ules: 33 __ J______...... 2635 P roposed R ules-—Continued 85______2448 34 ______L___ _ 2635 73------:------1135, 35______2637 1136, 2384, 2899, 3023,3024,3178 46 CFR 64______2892 87— ------2899 43______3021 73 ______1129, 1130, 2890, 3150 95------3105 202______2705 74 ______._ 2891 310______3022 49 CFR 81______I 2891 73------1180 P roposed Rules: 87___ — ______2891 80,.______3153 77------2818 540______3064 89______2891 131------2701,3152 91______2891 135------3059 47 CFR 93______2891 50 CFR 0______2626 95______2891, 2892 1 _ 2771,2890 97______2891 28------2892 2 ______2771 99______2892* 32------:------3059 5______1129 33—------1180, 13...... 2626 P roposed R ules : 2376, 2377, 2639, 2700, 2848, 2893, 21______2890 2______2899, 3105 2952, 3097, 3151, 3216, 3218. 23_____ 2890 21______2383 P roposed R ules : 31______2628 64______2384 32. 1132 FEDERAL REGISTER

VOLUME 32 • NUMBER 37

Friday, February 24, 1967 • Washington, D.C.

PART II

Department of Agriculture

Agricultural Research Service

No. 37—Pt. II-----1 3270 RULES AND REGULATIONS ble for the performance of the function (w) “Housing facility” means any involved. room, building, or area used to contain Title 9— ANIMALS AND (h) “State” means a State, the Dis­ a primary enclosure or enclosures. trict of Columbia, Commonwealth of (x) “Sanitize” means to make physi­ ANIMAL PRODUCTS Puerto Rico, or a territory or possession cally clean and to remove and destroy to Chapter I— Agricultural Research of the United States. a practical minimum, agents injurious Service, Department of Agriculture (i) “Person” means any individual, to health. partnership, firm, joint stock company, (y) “Euthanasia” means the humane SUBCHAPTER A— LABORATORY ANIMAL corporation, association, trust, estate, or destruction of an animal accomplished WELFARE other legal entity. by a method that involves instantaneous REGULATIONS AND STANDARDS (j) “Dog” means any live dog (Canis unconsciousness and immediate death familiaris). or by a method that involves anesthesia, On December 15, 1966, there was pub­ (k) “Cat” means any live cat (Felis produced by an agent which causes lished in the F ederal R egister (31 F.R. catus). painless loss of consciousness, and death 16110) a notice of proposed rule making (l) “Animal” means any live dog cat, during such loss of consciousness. concerning the issuance of regulations nonhuman primate, guinea pig, hamster, (z) “Ambient temperature” means and standards under the Act of August or rabbit. the temperature surrounding the animal. 24, 1966 (P.L. 89-544), commonly known (m) “Nonhuman primate” means any (aa) “Nonconditioned dogs or cats” as the Laboratory Animal Welfare Act. nonhuman member of the highest order means dogs or cats which have not been After due consideration of all relevant of mammals including prosimians, mon­ subjected to special care and treatment material submitted in connection with keys, and apes. for sufficient time to stabilize and, where such notice and pursuant to the provi­ (n) “Research facility” means any necessary, to improve their health to sions of the Act of August 24, 1966, a school, institution, organization, or per­ make them suitable for research pur­ new Subchapter A is hereby added to son that uses or intends to use dogs or poses. Chapter I of Title 9 of the Code of Fed­ cats in research, tests, or experiments, (bb) “Dwarf hamster” means any eral Regulations, to be designated “Lab­ and that (1) purchases or transports species of hamster, such as the Chinese oratory Animal Welfare,” reading as dogs or cats in commerce, or (2) receives and Armenian species, whose adult body follows: funds under a grant, award, loan, or con­ size is substantially less than that at­ PART 1— definitions o f t e r m s tract from a department, agency, or tained by the Syrian or Golden species instrumentality of the United States for of hamsters. § 1.1 Definitions. the purpose of carrying out research, (Laboratory Animal Welfare Act of Aug. 24, tests, or experiments with animals. 1966; P.L. 89-544) For the purposes of this subchapter, (o) “Dealer” means any person who unless the context otherwise requires, the for compensation or profit delivers for following terms shall be construed, re­ transportation, or transports, except as PART 2— REGULATIONS spectively, to mean: a common carrier, buys, or sells dogs or (a) “Act” means the Act of August 24, Licensing 1966 (P.L. 89-544), commonly known cats in commerce for research purposes. Sec. (p) “Class ‘A’ dealer” means a dealer 2.1 Application. as the Laboratory Animal Welfare Act. whose business involving dogs or cats 2.2 Acknowledgment of standards. (b) “Department” means the U.S. De­ includes only those dogs or cats that he 2.3 Demonstration of compliance with partment of Agriculture. breeds and raises as a closed or stable standards. (c) “Secretary” means the Secretary colony and dogs or cats that he acquires 2.4 Issuance of licenses. of Agriculture of the United States, or for the sole purpose of maintaining or 2.5 Duration of license. any officer or employee of the Depart­ 2.6 Annual fees. enhancing his breeding colony. 2.7 Notification of change of name, ad­ ment to whom authority has heretofore (q) “Class ‘B’ dealer” means any dress, control or ownership of been delegated or to whom authority dealer who does not meet the definition business. may hereafter be delegated, to act in his of Class “A” dealer. 2.8 Renewal and termination. stead. 2.9 Officers, agents, and employees of (r) “Commerce” means commerce be­ licensees whose licenses have been (d) “Division” means the Animal, tween any State, territory, possession, or Health Division, Agricultural Research suspended or revoked. the District of Columbia, or the Com­ 2.10 Licensees whose licenses have been Service, of the Department. monwealth of Puerto Rico, and any place suspended or revoked. (e) “Director” means the Director of outside thereof; or between points within R egistration the Division or any other official of the the same State, territory, or possession, Division to whom authority has hereto­ or the District of Columbia, or the Com­ 2.25 Requirements and procedures. fore been delegated or to whom authority monwealth of Puerto Rico, but through 2.26 Acknowledgment of standards. may hereafter be delegated, to act in his any place outside thereof; or within any 2.27 Notification of change of operation. stead. territory, possession, or the District of I dentification o f Dogs and Cats (f) “Veterinarian in Charge” means Columbia. 2.50 Time and method of identification. the Veterinarian who is assigned by the (s) “Licensee” means any person li­ 2.51 Form of official tag. Director to supervise and perform the censed as a dealer pursuant to the pro­ 2.52 How to obtain tags. official work of the Division in a given visions of the Act and the regulations in 2.53 Use of tags. State and who reports directly to the Di­ 2.54 Lost tags. Part 2 of this subchapter. 2.55 Removal of tag. rector. As used in Part 2 of this sub­ (t) “Registrant” means any research chapter, the Veterinarian in Charge shall facility registered pursuant to the pro­ R ecords be deemed to be the one in charge of the visions of the Act and the regulations in 2.75 Records, dealers. official work of the Division in the State Part 2 of this subchapter. 2.76 Records, research facilities. in which the dealer or research facility (u) “Standards” means the require­ 2.77 Records of disposition. has his principal place of business.1 ments with respect to the humane han­ C ompliance w it h Standards and Holding (g) “Division representative” means dling, care, treatment, and transporta­ P eriod any inspector or other person employed tion of animals by dealers and research 2.100 Compliance with standards. full time by the Division who is responsi- facilities set forth in Part 3 of this sub­ 2.101 Holding period. chapter. M iscellaneous 1 The name and address of the Veterinarian (v) “Primary enclosure” means any in Charge in the State concerned can be 2.125 Information as to business; furnish­ obtained by writing to the Director, Animal structure used to immediately restrict an ing of by dealers and researcn Health Division, Agricultural Research Serv­ animal or animals to a limited amount facilities. . m ice, U.S. Department of Agriculture, Hyatts- of space, such as a room, pen, run, cage, 2.126 Inspection of records and property ville, Md. 20782. compartment or hutch. dealers and research facilities.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3271 2.127 Publication of names of dealers and (a) Said license has been revoked or is other information as may be requested research facilities. suspended pursuant to section 19 of the thereon. 2.128 Inspection for missing animals. Act. (b) Each license shall automatically 2.129 Confiscation and destruction of animals. (b) Said license is automatically terminate on its anniversary date unless terminated pursuant to § 2.8, or on or before such date the report provided Authority: The provisions of this Part 2 (c) Said license is voluntarily termi­ for in paragraph (a) of this section and issued under Laboratory Animal Welfare Act nated upon the request of the licensee. the fee, by certified check, cashier’s of Aug. 24,1966; P.L. 89-544. § 2.6 Annual fees. check, or money order, as set forth in Licensing § 2.6, have been filed with the Veteri­ (a) Thè amount of the annual license narian in Charge. If such report and § 2.1 Application. fee will be based on the total gross fee are not filed by the anniversary date, (a) Any person operating’ or desiring amount, expressed in dollars, derived the licensee may obtain reinstatement of to operate as a dealer, except persons who from the sale of dogs and cats to re­ his license at any time within 30 days are exempted from the licensing require­ search facilities and other dealers by the after such anniversary date by paying an ments under section 3 of the Act, shall licensee or applicant during his preceding additional fee of $10. apply for a license on a form which will business year (calendar or fiscal) in the be furnished, upon request, by the Vet­ case of a person who operated during § 2.9 Officers, agents, and employees of licensees whose licenses have been erinarian in Charge in the State in which such year. In the case of an applicant suspended or revoked. such person operates or intends to oper­ for a license who operated during a sub­ ate. If such person operates in more stantial portion of his preceding business Any person who has been or is an than one State, he shall apply in the year but not the entire year, the annual officer, agent, or employee of a licensee State in which he has his principal place license fee shall be computed by esti­ whose license has been suspended or re­ of business. The completed application mating the yearly volume of business on voked and who was responsible for or form shall be filed with such Veterinar­ the basis of the business done during the participated in the violation upon which ian in Charge. period of operation. In the case of a the order of suspension or revocation was (b) Any person who is not a dealer person who has not so previously op­ based will not be licensed within the but who desires to obtain a license, shall erated or has not so operated for a period during which the order of sus­ follow the requirements for dealers set substantial part of the previous 12 pension or revocation is in effect. forth in paragraph (a) of this section months, the annual license fee will be § 2.10 Licensees whose licenses have and in §§ 2.2 and 2.3 and shall agree in based on the anticipated total gross been suspended or revoked. amount, expressed in dollars, to be writing, on a form furnished by the Any person whose license has been Division, to comply with all the require­ derived from the sale of dogs and cats to research facilities or other dealers. suspended or revoked will not again be ments of the Act and the provisions of licensed in his own name or in any other this subchapter. (b) The license fee shall be computed in accordance with the following table: manner within the period during which § 2.2 Acknowledgment of standards. the order of suspension or revocation is in effect, and no partnership, firm or A copy of the applicable standards Total gross dollar amount Fee corporation in which any such person has will be supplied with each application for a substantial financial interest will be a license, and the applicant shall ac­ Over But not over Class “A” Class “B” licensed during said period. knowledge receipt of such standards and dealer dealer agree to comply with them by signing R egistration a form provided for such purpose by the $0 $2,000 $15 $15 2,000 10,000 25 50 § 2.25 Requirements and procedures. Division. Such form shall be filed with 10,000 25,000 100 200 the application for a license. 25,000 50,000 150 300 Each research facility shall register 60,000 100,000 200 500 with the Secretary by completing and § 2.3 Demonstration of compliance with 100,000 500,000 250 750 500,000 300 1,000 filing a properly executed form which will standards. be furnished, upon request, by the Veteri­ narian in Charge. Such registration Each applicant must demonstrate that (c) In any situation in which an appli­ his facilities comply with the standards form shall be filed with such Veterinarian cant for a license demonstrates to the in Charge. Where a school or depart­ set forth in Part 3 of this subchapter. satisfaction of the Secretary that his In connection therewith, the applicant ment of a university or college uses or operations during his preceding business intends to use dogs or cats for research, must make his facilities available at a year or substantial portion thereof, as time or times mutually agreeable to said tests, or experiments, the university or the case may be, will not be represent­ college rather than the school or depart­ applicant and the Division for inspection ative of his operations during the li­ by a Division representative for the ment will generally be considered the re­ cense period, the Secretary shall base search facility and be required to register purpose of ascertaining compliance with the license fee upon the anticipated said standards. If the applicant’s facil­ with the Secretary. In any situation in operations demonstrated by t h e which a school or department of a uni­ ities do not meet the requirements of applicant. the standards, the applicant will be ad­ versity or college is a separate legal entity vised of existing deficiencies and the § 2.7 Notification of change of name, and its operations and administration corrective measures that must be taken address, control or ownership of are independent of those of the univer­ before such facilities will be in compli­ business. sity or college, upon a proper showing ance with the standards. thereof to the Secretary, the school or A licensee shall promptly notify the department will be registered rather than § 2.4 Issuance of licenses. Veterinarian in Charge of any change in the university or college. A subsidiary the name, address, management or sub­ of a business corporation, rather than A license will be issued to any applican stantial control or ownership of his the parent corporation, will be registered when the requirements of §§ 2.1, 2.2, an business or operation. 2.3 have been met, when the Secretar as a research facility unless the sub­ has determined that the applicant’s facil § 2.8 Renewal and termination. sidiary is under such direct control of lues comply with the standards and whe: the parent corporation that to effectuate (a) Each year within 30 days prior tothe purposes of the Act the Secretary the applicant has submitted to the Veter the anniversary date of his license, a li­ determines that it is necessary that the K P f i bi Charge the fee prescribed i censee shall file with the Veterinarian in parent corporation be registered. s ¿.6 by certified check, cashier’s chec Charge a report, upon a form which will or money order. be furnished to him upon request, set­ § 2.26 Acknowledgment of standards. § 2.5 Duration of license. ting forth the gross dollar amount A copy of the applicable standards will derived from the sale of dogs and cats to be supplied with each registration form A license issued under this part shall research facilities and other dealers dur­ and the registrant shall acknowledge De valid and effective unless: ing his preceding business year and such receipt of such standards and agree to

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3272 RULES AND REGULATIONS

comply with them by signing a form pro­ § 2.51 Form of official tag. R ecords vided for such purpose by the Division. Such form shall be filed with the Veteri­ The official tag shall be made of a § 2.75 Records, dealers. narian in Charge. durable alloy such as brass, bronze, or steel or of a durable plastic. Such tag In connection with each dog and cat § 2.27 Notification of change of opera­ shall be circular in shape and not less purchased or otherwise acquired, held, tion. than 1 Yt inches in diameter. Each tag transported, or sold or otherwise dis­ posed of, a dealer shall keep and main­ A registrant shall promptly notify the shall be embossed or stamped with the letters “USDA”, and numbers and tain the following information on the Veterinarian in Charge of any change in forms supplied and in the manner pre­ his name or address or any change in his letters identifying the State, dealer, and animal, as set forth in Figure 1. Such scribed by the Division: operations which would affect his status (a) The name and address of the per­ as a research facility. tags shall be serially numbered and there shall be no duplication of numbers by son from whom acquired, and the person Identification of D ogs and Cats any one dealer within a period of 3 years. to whom sold or otherwise disposed of, § 2.50 Time and method of identifica­ and his license number if licensed as a tion. dealer; Denoting State and dealer, respectively (b) The dates of acquisition and dis­ (a) Except as otherwise provided in Denoting the animal position; this section, when a Class “A” dealer (c) The description and Identification sells or otherwise removes dogs or cats of the animals, including the official tag from his premises for delivery to a re­ Figure 1^ number or tattoo number as affixed pur­ search facility or to another dealer, each suant to §§ 2.50 and 2.54. such dog or cat shall be identified by an § 2.52 How to obtain tags. (d) When dogs or cats are sold by a official tag of the type described in § 2.51 Dealers may obtain, at their own ex­ dealer, the method of transportation of affixed to the animal’s neck by means of pense, official tags from commercial tag such animals and (1) the name of the a collar made of material generally con­ manufacturers.3 At the time a dealer is common carrier or (2) the license num­ sidered acceptable to pet owners as a issued a license the Department will as­ ber or other identification of the means means of identifying their pet dogs or sign him dealer identification letters and of conveyance and the name and address cats: 2 Provided, however, That no official inform him of the State number to be of the driver of the means of convey­ tag need be affixed to any such dog that used on his official tags. ance; and has been identified by means of a dis­ (e) The nature and method of dis­ tinctive and legible tattoo marking § 2.53 Use of tags. position, e.g., sale, death, euthanasia, or acceptable to the Director. Official tags obtained by a dealer shall donation. (b) Except as otherwise provided in be applied to dogs or cats in the manner § 2.76 Records, research facilities. this section, when a Class “B” dealer set forth in § 2.50 and in as near consec­ purchases or otherwise acquires a dog or utive numerical order as possible. No (a) In connection with each dog and cat he shall immediately affix to such tag shall be used to identify more than cat purchased or otherwise acquired, a animal's neck an official tag of the type one animal. research facility shall keep and maintain the following information on the forms described in § 2.51 by means of a collar § 2.54 Lost tags. made of material generally considered supplied and in the manner prescribed acceptable to pet owners as a means Each dealer shall account for all offi­ by the Division: of identifying their pet dogs or cats:2 cial tags that he acquires. In the event Cl) The name and address of the per­ Provided, however, That if such dog or an official tag is lost from the neck of a son from whom such animal was pur­ cat is already identified with an official dog or cat while in the possession of a chased or acquired, and his license tag which has been applied by a previous dealer a diligent effort shall be made to number if licensed as a dealer; dealer, he shall not remove such pre­ locate and reapply such tag to the proper (2) The date acquired; and viously attached tag, but shall treat it animal. If the lost tag is not located, (3) The description and identification as if he had applied it himself. the dealer shall affix another official tag of such animal, including the official tag (c) When any dealer has made a rea­ to the animal in the manner prescribed number or tattoo number, if one is sonable effort to affix an official tag to in § 2.50. affixed, and any identification number or an adult cat as set forth in paragraphs § 2 .55 Rem oval o f tag. letter assigned to the animal by such (a) and (b) of this section and has been research facility. unable to do so, or when the cat exhibits (a) Upon arrival at a research facility (b) In connection with all dogs and extreme distress from the attachment of of a dog or cat wearing or identified by cats transported, sold, or otherwise dis­ a collar and tag, the dealer shall attach an official tag, such tag shall be'removed posed of by a research facility to another the collar and tag to the door of the pri­ and retained by the research facility: person, such research facility shall keep mary enclosure containing the cat and Provided, however, That at the discretion and maintain, on forms supplied and in take proper measures to maintain the of the research facility such tag may be the manner prescribed by the Division: used to continue the identification of such (1) The name and address of the per­ identity of the cat in relation to the tag. dog or cat. (d) Unweaned puppies or kittens need son to whom the animal is transported, (b) If a dealer or research facility finds sold, or otherwise disposed of ; not be individually identified as required it necessary to humanely dispose of a by paragraphs (a) and (b) of this sec­ (2) The date of such sale or dispo­ dog or cat to which is affixed or which is sition; tion while they are maintained as a litter identified by an official tag, or upon the (3) The method of transportation; with their dam provided she has been so death of such dog or cat from other and identified. causes, the dealer or research facility (4) The name of the common carrier, shall remove and retain such tag. or the identification of the means of 2 In general, well fitted collars made of (c) All official tags removed and re­ conveyance and the name and address leather or plastic will be acceptable under tained by a dealer or research facility of the driver of such means of convey­ this provision. The use of certain types of shall be held until called for by a ‘Divi­ ance. chains presently used by some dealers may sion representative or for a period not to also be deemed acceptable. A determination exceed 1 year. . § 2.77 Records disposition. of the acceptability of a material proposed (a) Except as otherwise provided in for usage as collars from the standpoint of paragraph (b) of this section, no dealer humane considerations will be made by the 3 A list of the commercial manufacturers Division on an individual basis in consulta­ who produce such tags, known to the Depart­ or research facility shall, within a period tion with dealers. The use of materials such ment, may be obtained from the Veterinarian of 1 year from the making thereof, de­ as wire or elastic that might readily cause in Charge. Any manufacturer who desires to stroy or dispose of, without the consent discomfort or injury to dogs or cats will not be included in such list should notify the in writing of the Director, any books, be acceptable. Director. records, documents or other papers re-

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3273 quired to be kept and maintained under or other Federal officers or employees animal’s suffering, or that the animals be this part. designated by the Secretary to enter his destroyed by euthanasia. In the event (b) The records required to be kept place of business to examine records re­ that the dealer or research facility re­ and maintained under this part shall be quired to be kept by the Act and the regu­ fuses to comply with such request, the held for such period in excess of the 1 lations in this Part, and to make copies Division representative may confiscate year period specified in paragraph (a) of such records, and permit Division and destroy such animal by euthanasia of this section as. may be required to representatives to enter his place of busi­ if in the opinion of the Director the cir­ comply with any Federal, State, or local ness, to inspect such property and ani­ cumstances warrant such action. law. When the Director notifies a dealer mals as such representatives consider or research facility in writing that spec­ necessary to enforce the provisions of the ified records shall be retained pending Act, the regulations and the standards p a r t 3— s t a n d a r d s completion of an investigation or pro­ in this subchapter. The use of a room, ceeding under the Act, such dealer or re­ table, or other facilities necessary for the Subpart A— Specifications for the Human Han­ search facility shall hold such records proper examination of such records and dling, Care, Treatment, and Transportation of until their disposition is authorized by inspection of such property or animals Dogs and Cats the Director. shall be extended to such authorized rep­ F acilities and O perating Standards resentatives of the Secretary by the Sec. Compliance W it h S tandards and dealer or research facility, his agents and H olding P eriod 3.1 Facilities, general. employees. 3.2 Facilities, indoor. § 2.100 Compliance with standards. 3.3 Facilities, Outdoor. § 2.127 Publication of names of dealers 3.4 Primary enclosure. Each dealer and research facility shall and research facilities. Anim al H ealth and H usbandry Standards comply in all respects with the stand­ Lists of persons licensed as dealers ards set forth in Part 3 of this sub­ and lists of research facilities which are 3.5 Feeding. chapter setting forth the standards for 3.6 Watering. registered, pursuant to the provisions of 3.7 Sanitation. the humane handling, care, treatment this part, shall be published periodically and transportation of animals: Provided, 3.8 Employees. by the Division in the F ederal R egister. however, That such standards shall not 3.9 Classification and separation. Such lists may also be obtained upon 3.10 Veterinary care. apply to the handling, care, or treatment request from the Veterinarian in Charge. of animals during actual research or T ransportation Standards experimentation by a research facility as § 2.128 Inspection for missing animals. 3.11 Vehicles. determined by such research facility. (a) Each licensed dealer and each re­ 3.12 Primary enclosure used to transport § 2.101 Holding period. search facility shall, upon request, dur­ dogs and cats. ing ordinary business hours, permit, 3.13 Food and water requirements. (a) All dogs and cats acquired by a under the following conditions, police or 3.14 Care in transit. dealer shall be held by him, under his law officers of legally constituted law en­ Subpart B— Specifications for the Human Han­ supervision and control, for a period of forcement agencies with general law en­ dling, Care, Treatment, and Transportation of 5 business days after the acquisition of forcement authority (not those agencies Guinea Pigs and Hamsters such animals: Provided, however, That whose duties are limited to enforcement F acilities and Operating Standards dogs or cats suffering from disease, of local animal regulations) to enter the emaciation or injury may be destroyed 3.25 Facilities, general. place of business of such dealer or re­ 3.26 Facilities, indoor. by euthanasia prior to the expiration of search facility to inspect animals and the 5-day holding period. Business day 3.27 Facilities, outdoor. records for the purpose of seeking ani­ 3.28 Primary enclosures. shall mean any day of the week during mals that are missing: which the dealer normally operates his (1) The police or law officer shall fur­ Anim a l H ealth and H usbandry Standards business. nish to the dealer or research facility a 3.29 Feeding. (b) If the dealer obtains the prior ap­ written description of the missing animal 3.30 Watering. proval of the Veterinarian in Charge, he 3.31 Sanitation. and the name and address of its owner; 3.32 Employees. may arrange to have another person hold and such animals for him for the 5-day period 3.33 Classification and separation. (2) The police or law officer shall 3.34 Veterinary care. provided for in paragraph (a) of this abide by all security measures required section: Provided, however, That such by the dealer or research facility to pre­ T ransportation Standards other person agrees in writing to comply vent the spread of disease, including the 3.35 Vehicles. with the Standards in Part 3 of this sub­ use of sterile clothing, footwear, and 3.36 Primary enclosures used to transport chapter, and to allow inspection by a masks where required. guinea pigs and hamsters. Division representative of his premises: (b) Such Inspection shall not extend 3.37 Feed and water requirements. And provided further, That the dogs and 3.38 Care in transit. cats still remain under the control of the to animals that are undergoing actual dealer. research or experimentation as deter­ Subpart C— Specifications for the Humane Han­ mined by such research facility. dling, Care, Treatment and Transportation of M iscellaneous Rabbits § 2.129 Confiscation and destruction of § 2.125 Information as to business; fur- F acilities and Operating Standards anim als. nish.mg of by dealers and research fa­ 3.50 Facilities, general. cilities. If an animal being held by a dealer, 3.51 Facilities, indoor. Each dealer and research facility shall or an animal being held by a research 3.52 Facilities, outdoor. furnish to Division representatives, any facility which is no longer required by 3.53 Primary enclosures. such research facility to carry out the re­ information concerning the business oi Anim al H ealth and H usbandry Standards the dealer or research facility-which may search test or experiment for which it be requested by them in connection with has been utilized, is found by a Division 3.54 Feeding. the enforcement of the provisions of tht representative to be suffering as a result 3.55 Watering. of the failure of the dealer or research 3.56 Sanitation. Act, the regulations and the Standards 3.57 Employees. lr}this subchapter, within such reason­ facility to comply with any provision of 3.58 Classification and separation. able time as may be specified in the re­ the Act or any provision of the regula­ 3.59 Veterinary care. quest for such information. tions or the standards set forth in this subchapter, the Division representative T ransportation Standards § 2.126 Inspection of records and prop­ shall notify the dealer or research facil­ erty of dealers and research facilities. 3.60 Vehicles. ity of the condition of such animal and 3.61 Primary enclosures used to transport Each dealer and research facility shall, request that the condition be corrected rabbits. upon request, during ordinary business and that adequate veterinary care be 3.62 Food and water requirements. nours, permit Division representatives, given when necessary to alleviate the 3.63 Care in transit.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3274 RULES AND REGULATIONS

Subpärt D— Specifications for the Humane Han­ densation. Auxiliary ventilation, such (iii) Primary enclosures shall be con­ dling, Care, Treatment, and Transportation of as exhaust fans and vents or air condi­ structed and maintained so that the dogs Nonhuman Primates tioning, shall be provided when the am­ or cats contained therein have conven­ F acilities and Operating Standards bient temperature is 85° F. or higher. ient access to clean food and water as .3.75 Facilities, general. (c) Lighting. Indoor housing facili­required in this subpart. 3.76 Facilities, indoor. ties for dogs or cats shall have ample (iv) The floors of the primary enclo­ 3.77 Facilities, outdoor. light, by natural or artificial means, or sures shall be constructed so as to pro­ 3.78 Primary enclosures. both, of good quality and well distrib­ tect the dogs’ and cats’ feet and legs from uted. Such lighting shall provide uni­ injury. , Anim al Health and H usbandry Standards formly distributed illumination of suffi­ (2) Additional requirements for pri­ 3.79 Feeding. cient light intensity to permit routine mary enclosures housing cats, (i) In all 3.80 Watering. inspection and cleaning during the en­ enclosures having a solid floor, a re­ 3.81 Sanitation. ceptacle containing sufficient clean litter 8.82 Employees, tire working period. Primary enclo­ 3.83 Classification and separation. sures shall be so placed as to protect the shall be provided to contain excreta. 3.84 Veterinary care. dogs or cats from excessive illumination. (ii) Each primary enclosure shall be 3.85 Vehicles. ■(d) Interior surfaces. The interior provided with a solid resting surface or 3.86 Primary enclosures used to transport building surfaces of indoor housing fa­ surfaces which, in the aggregate, shall be nonhuman primates. cilities shall be constructed and main­ of adequate size to comfortably hold all 3.87 Food and water requirements. tained so that they are substantially occupants of the primary enclosure at 3.88 Care in transit. impervious to moisture and may be read­ the same time. Such resting surface or Au t h o r it y : The provisions of this Part ily sanitized. surfaces shall be elevated in primary en­ 3 Issued under ^Laboratory Animal Welfare (e) Drainage. A suitable method shallclosures housing two or more cats. Act of Aug. 24, 1966; P.L. 89-544. be provided to rapidly eliminate excess (b) Space requirements—(1) Dogs Subpart A— Specifications for the Hu­ water from indoor housing facilities. If and cats. Primary enclosures shall be drains are used, they shall be properly constructed and maintained so as to pro­ mane Handling, Care, Treatment, constructed and kept in good repair to vide sufficient space to allow each dog and Transportation of Dogs and avoid foul odors therefrom. If closed and cat to turn about freely and to easily Cats drainage systems are used, they shall be stand, sit and lie in a comfortable nor­ F a cilities and O perating S tandards equipped with traps and so installed as mal position. to prevent any backup of sewage onto the (2) Dogs, (i) In addition to the pro­ § 3-1 Facilities, general. floor of the room. visions of subparagraph (1) of this para­ (a) Structural strength. Housing fa­ § 3.3 Facilities, outdoor. graph, each dog housed in any primary cilities for dogs or cats shall be structur­ enclosure shall be provided a minimum ally sound and shall be maintained in (a) Shelter from sunlight. When sun­ square footage of floor space equal to the good repair, to protect the animals from light is likely to cause overheating or mathematical square of the sum of the injury, to contain the animals, and to discomfort, sufficient shade shall be pro­ length of the dog in inches, as measured restrict the entrance of other animals. vided to allow all dogs and cats kept out­ from the tip of its nose to the base of its (b) Water and electric power. Re­ doors to protect themselves from the tail, plus 6 inches, expressed in square liable and adequate electric power, if re­ direct rays of the sun. feet/ Not more than 12 adult noncondi- quired to comply with other provisions (b) Shelter from rain or snow. Dogs tioned dogs shall be housed in the same of this subpart, and adequate potable and cats kept outdoors shall be provided primary enclosure. water shall be available. with access to shelter to allow them to (ii) Dog houses with chains. If dqg (c) Storage. Supplies of food and remain dry during rain or snow. houses with chains are used as primary bedding shall be stored in facilities which (c) Shelter from cold weather. Shel­ enclosures for dogs kept outdoors, the adequately protect such supplies against ter shall be provided for all dogs and chains used shall be so placed or attached infestation or contamination by vermin. cats kept outdoors when the atmos­ that they cannot become entangled with Refrigeration shall be provided for sup­ pheric temperature falls below 50° F. the chains of other dogs or any other plies of perishable food. Sufficient clean bedding material or other objects. Such chains shall be of a type (d) Waste disposal. Provision shall means of protection from the weather commonly used for the size dog involved be made for the removal and disposal elements shall be provided when the and shall be attached to the dog by of animal and food wastes, bedding, dead ambient temperature falls below that means of a well fitted collar. Such animals, and débris. Disposal facilities temperature to which a dog or cat is chains shall be at least three times the shall be so provided and operated as to acclimated. length of the dog as measured from the minimize vermin infestation, odors, and (d) Drainage. A suitable method tip of its nose to the base of its tail and disease hazards. shall be provided to rapidly eliminate shall allow the dog convenient access to (e) Washrooms and sinks. Facilities, excess water. the dog house. such as washrooms, basins, or sinks, shall § 3.4 Primary enclosures. (3.) Cats. In addition to the provi­ be provided to maintain cleanliness All primary enclosures for dogs and sions Of subparagraph (1) of this para­ among animal caretakers. cats shall conform to the following graph, each adult cat housed in any § 3.2 Facilities, indoor. requirements : primary enclosure shall be provided a (a) General—(1) Requirements forminimum of 2% square feet of floor (a) Heating. Indoor housing facili­ primary enclosures for dogs and cats. space. Not more than 12 adult non- ties for dogs or cats shall be sufficiently (i) Primary enclosures shall be struc­ conditioned cats shall be housed in the heated when necessary to protect the turally sound and maintained in good same primary enclosure. dogs or cats f rom cold, and to provide for repair to protect the dogs and cats from Animal H ealth and H usbandry Standards their health and comfort. The ambient injury, to contain them, and to keep temperature shall not be allowed to fall predators out. § 3.5 Feeding. below 50° F. for dogs and cats not ac­ (il) Primary enclosures shall be con­ (a) Dogs and cats shall be fed at least climated to lower temperatures. structed and maintained so as to enable once each day except as otherwise might (b) Ventilation. Indoor housing fa­ the dogs and cats to remain dry and be required to provide adequate veteri­ cilities for dogs or cats shall be ade­ clean. nary care. The food shall be free from quately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be pro­ 4 This requirement may be computed by using the following equation: vided with fresh air either by means of (length of dog in inches+6) x (length of dog in inches+6) windows, doors, vents, or air condition­ Required area in square inches ing and shall be ventilated so as to mini­ ------= Required square feet of floor space mize drafts, odors, and moisture con­ 144

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3275 contamination, wholesome, palatable, (d) Pest control. An effective pro­ § 3.12 Primary enclosures used to trans­ and of sufficient quantity and nutritive gram for the control of insects, ecto­ port dogs and cats. value to meet the normal daily require­ parasites, and avian and mammalian (a) Primary enclosures, such as com­ ments for the condition and size of the pests shall be established and main­ partments or transport cages, cartons or dog or cat. tained. crates, used to transport dogs or cats, (b) Pood receptacles shall be accessi­ § 3.8 Employees. shall be well-constructed and well-ven­ ble to all dogs or cats and shall be located A sufficient number of employees shall tilated and designed to protect the health so as to minimize contamination by ex­ and insure the safety of the animals. creta. Feeding pans shall be durable be utilized to maintain the prescribed level of husbandry practices set forth in Such enclosures shall be constructed or and kept clean. The food receptacles positioned in the vehicle in such a man­ shall be sanitized at least once every 2 this subpart. Such practices shall be under the supervision of an animal care­ ner that (1) each animal in the vehicle weeks. Disposable food receptacles may has access to sufficient air for normal be used but must be discarded after each taker who has a background in animal husbandry or care. breathing, (2) the openings of such en­ feeding. Self feeders may be used for closures are easily accessible at all times the feeding of dry food, and they shall § 3.9 Classification and separation. for emergency removal of the animals be sanitized regularly to prevent mold­ Animals housed in the same primary and (3) the animals are afforded ade­ ing, deterioration or caking of feed. enclosure shall be maintained in com­ quate protection from the elements! The § 3.6 Watering. patible groups, with the following addi­ temperature within such enclosures shall not be allowed to exceed the atmospheric If potable water is not accessible to tional restrictions: (a) Females in season (estrus) shall temperature. Moreover, the ambient the dogs and cats at all times, potable temperature shall not be allowed to ex­ liquids shall be offered to such animals not be housed in the same primary en­ closure with males, except for breeding ceed 95° P. at any time nor exceed 85° F. at least twice daily for periods of not for a period of more than 4 hours, nor less than 1 hour, except as might other­ purposes. (b) Any dog or cat exhibiting a vi­ be allowed at any time to fall below 45° wise be required to provide adequate P. unless the animals are acclimated to veterinary care. Watering receptacles cious disposition shall be housed indi­ vidually in a primary enclosure. lower temperatures. shall be kept clean and shall be sanitized (b) Animals transported in the same at least once 'every 2 weeks. (c) Puppies or kittens shall not be housed in the same primary enclosure primary enclosure shall be of the same § 3.7 Sanitation. with adult dogs or cats other than their species and maintained in compatible groups. Puppies or kittens shall not be (a) Cleaning of -primary enclosures. dams, except when permanently main­ tained in breeding colonies. transported in the same primary en­ Excreta shall be removed from primary (d) Dogs shall not be housed in the closures with adult dogs or cats other enclosures as often as necessary to pre­ than their dams. Any dog or cat ex­ vent contamination of the dogs or cats same primary enclosure with cats, nor shall dogs or cats be housed in the same hibiting a vicious disposition shall be contained therein and to reduce disease transported individually in a primary hazards and odors. When a hosing or primary enclosure with any other species of animals. enclosure. Any female dog or cat in flushing'method is used for cleaning a season (estrus) shall not be transported primary enclosure commonly known as (e) Dogs or cats under quarantine or treatment for a communicable disease in the same primary enclosure with any a cage, any dog contained therein shall male. be removed from such enclosure during shall be separated from other dogs or cats and other susceptible species of ani­ (c) Primary enclosures used to trans­ the cleaning process, and adequate meas­ port dogs or cats shall be large enough ures shall be taken to protect the animals mals in such a manner as to minimize dissemination of such disease. to insure that each animal contained in other such enclosures from being con­ therein has sufficient space to turn about taminated with water and other wastes. § 3.10 Veterinary care. freely, to stand erect, and to lie in a nat­ (b) Sanitization of primary enclosures. (a) Programs of disease control and ural position. (1) Prior to the introduction of noncon- prevention, euthanasia, and adequate (d) Animals shall not be placed in ditioned dogs or cats into empty primary veterinary care shall be established and primary enclosures over other animals enclosures previously occupied, such en­ maintained under the supervision and in transit unless each enclosure is fitted closures shall be sanitized in the manner assistance of a doctor of veterinary medi­ with a floor of a matrial which prevents provided in subparagraph (3) of this cine. animal excreta from entering lower en­ paragraph. (b) Each dog and cat shall be observed closures. (2) Primary enclosures for dogs or daily by-the animal caretaker in charge, (e) Primary enclosures used to trans­ cats shall be sanitized often enough to or by someone under his direct super­ port dogs or cats shall be cleaned and prevent an accumulation of debris or ex­ vision. Sick or diseased, injured, lame, sanitized between shipments. All litter creta, or a disease hazard: Provided, or blind dogs or cats shall be provided in the vehicle shall be clean at the be­ however, That such enclosures shall be with veterinary care or humanely dis­ ginning of each trip. sanitized at least once every 2 weeks in posed of unless such action is inconsist­ § 3.13 Foçd and water requirements. the manner provided in subparagraph ent with the research purposes for which (3) of this paragraph. such animal was obtained and is being (a) If dogs or cats are transported (3) Cages, rooms and hard-surfaced held: Provided, however, That the pro­ for a period of more than 12 hours: pens or runs shall be sanitized by wash­ vision shall not effect compliance with ( 1 ) The vehicle shall stop at least once ing them with hot water (180° P.) and any State or local law requiring the hold­ every 12 hours, and remain stopped for soap or detergent as in a mechanical cage ing, for a specified period, of animals a period of at least 1 hour, during which washer, or by washing all soiled surfaces suspected of being diseased. time potable water shall be continuously provided for the dogs and cats. with a detergent solution followed by a T ransportation S tandards safe and effective disinfectant, or by (2) Each adult dog and cat shall be cleaning all soiled surfaces with live § 3.11 Vehicles. fed at least once in each 24-hour period. steam. Pens or runs using gravel, sand, (a) Vehicles used in transporting dogs Puppies and kittens shall have food or dirt shall be sanitized by removing the or cats shall be mechanically sound and made available to them evfery 6 hours. soiled gravel, sand, or dirt and replacing equipped to provide fresh air to all ani­ (b) Dogs shall be removed from the it as necessary. mals being transported without injuri­ vehicle and given fresh water and an op­ (c) Housekeeping. Premises (build­ous drafts. portunity for exercise if they have been ings and grounds) shall be kept clean (b) The animal cargo space shall be confined In the vehicle for a period of and in good repair in order to protect so constructed and maintained as to pre­ 36 hours. toe animals from injury and to facilitate vent the ingress of "exhaust from the § 3.14 Care in transit. the prescribed husbandry practices set vehicle’s engine. forth in this subpart. Premises shall (c) The interior of the animal cargo It shall be the responsibility of the at­ remain free of accumulations of trash. space shall be kept clean. tendant or driver to inspect the animals

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3276 RULES AND REGULATIONS frequently to determine whether they the guinea pigs or hamsters from exces­ (i) The interior height of any primary need emergency veterinary care and if sive illumination. enclosure used to confine hamsters shall so, to obtain such care at the earliest (d) Interior surfaces. The interiorbe at least 5% inches, except that in the opportunity. building surfaces of indoor housing case of dwarf hamsters, such interior facilities shall be constructed and main­ Subpart B— Specifications for the Hu­ height shall be at least 5 inches. tained so that they are substantially im­ (ii) A nursing female hamster, to­ mane Handling, Care, Treatment, pervious to moisture and may be readily gether with her litter, shall be housed and Transportation of Guinea Pigs sanitized. in a primary enclosure which contains and Hamsters § 3.27 Facilities, outdoor. no other hamsters and which provides F a cilities and O perating S tandards at least 121 square inches of floor space: (a) Hamsters shall not be housed inProvided, however, That in the case of § 3.25 Facilities, general. outdoor facilities. dwarf hamsters such floor space shall Guinea pigs shall not be housed be at least 25 square inches. (a) Structural strength. Housing in outdoor facilities unless such facilities facilities for guinea pigs or hamsters are located in an appropriate climate (iii) The minimum amount of floor shall be structurally sound and shall be and prior approval for such outdoor space per individual hamster and the maintained in good repair, to protect housing is obtained from the Director. maximum number of hamsters allowed the animals from injury, to contain the in a single primary enclosure, except as animals, and to restrict the entrance of § 3.28 Primary enclosures. provided for nursing females in subdi­ other animals. All primary enclosures for guinea pigs vision (ii) of this subparagraph, shall be (b) Water and electric power. Re­ and hamsters shall conform to the fol­ in accordance with the following table: liable and adequate electric power, if lowing requirements: required to comply with other provisions (a) General. (1) Primary enclosures Minimum space Maximum of this subpart, and adequate potable Age per hamster (square population shall be structurally sound and main­ inches) per en­ water shall be available. tained in good repair to protect the closure (c) Storage. Supplies of food and guinea pigs and hamsters from injury. bedding shall be stored in facilities which Such enclosures, including their racks, Dwarf Other adequately protect such supplies against shelving and other accessories, shall be Weaning to 5 weeks... 5.0 1 0 . 0 20 6 to 1 0 weeks _____ 7.5 12.5 16 spoilage or deterioration and infestation constructed of smooth material substan­ 1 0 weeks or more___ 9 15.0 13 or contamination by vermin. Food sup­ tially impervious to liquids and moisture. plies shall be stored in containers with (2) Primary enclosures shall be con­ tightly fitting lids or covers or in the Anim al H ealth and H usbandry structed and maintained so that the S tandards original containers as received from the guinea pigs or hamsters contained there­ commercial sources of supply. Refrig­ in have convenient access to clean food § 3.29 Feeding. eration shall be provided for supplies of and water as required in this subpart. (a) Guinea pigs and hamsters shall perishable food. (3) Primary enclosures having a solid (d) Waste disposal. Provisions shall be fed each day except as otherwise floor shall be provided with clean bed­ might be required to provide adequate be made for the removal and disposal of ding material. animal and food wastes, bedding, dead veterinary care. The food shall be free (4) Primary enclosures equipped with from contamination, wholesome, palat­ animals, and debris. Disposal facilities mesh or wire floors shall be so con­ shall be so provided and operated as to able and of sufficient quantity and nutri­ structed as to allow feces to pass through tive value to meet the normal daily re­ minimize vermin infestation, odors, and the spaces of the mesh or wire: Provided, disease hazards. quirements for the condition and size of however, That such floors shall be con­ the guinea pig or hamster.

FEDERAt REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3277

§ 3.30 Watering. closure with adults other than their to turn about freely and to make normal Unless food supplements consumed by parents. postural adjustments. guinea pigs or hamsters supply them (b) Guinea pigs shall not be housed (d) Not more than 15 guinea pigs shall with their normal water requirements, in the same primary enclosure with ham­ be transported in the same primary en­ potable water shall be provided daily ex­ sters, nor shall guinea pigs or hamsters closure. Not more than 25 hamsters shall cept as might otherwise be required to be housed in the same primary enclosure be transported in the same primary en­ provide adequate veterinary care. Open with any other species of animals. closure. containers used for dispensing water to (c) Guinea pigs or hamsters under (e) In addition to the other provisions guinea pigs or hamsters shall be so placed quarantine or treatment for a communi­ of this section, the following require­ in or attached to the primary enclosure cable disease shall be separated from ments shall also apply to primary en­ as to minimize contamination from ex­ other guinea pigs or hamsters and other closures used to transport guinea pigs or creta. All watering receptacles shall be susceptible species of animals in such a hamsters: sanitized when dirty: Provided, however, manner as to minimize dissemination of (1) Guinea pigs, (i) The interior That such receptacles shall be sanitized such disease. height of primary enclosures used to at least once every 2 weeks. § 3.34 Veterinary care. transport guinea pigs shall be at least 8 inches. §'3.31 Sanitation. (a) Programs of disease control and (ii) Each guinea pig transported in a (a) Cleaning and sanitation of pri­ prevention, euthanasia, and adequate primary enclosure shall be provided a mary enclosures. (1) Primary enclo­ veterinary care shall be established and minimum amount of floor §pace in ac­ sures shall be cleaned and sanitized often maintained under the supervision and cordance with the following table: enough to prevent an accumulation of assistance of a doctor of veterinary Minimum space excreta or debris: Provided, however, medicine. per jguinea pig That such enclosures shall be sanitized (b) Each guinea pig and hamster shall (Weight (grams) (square inches) at least once every 2 weeks in the manner be observed at least every 48 hours by the Up to 350______30 provided in subparagraph (4) of this animal caretaker in charge, or by some­ 350 to 600______45 paragraph. one under his direct supervision, for evi­ Over 600-...... t ______55 dence of disease or injury. Sick or dis­ (2) In the event a primary enclosure (2) Hamsters, (i) The interior becomes soiled or wet to a degree that eased, injured, lame, or blind guinea pigs or hamsters shall be provided with veter­ height of primary enclosures used to might be harmful or uncomfortable to transport hamsters shall be at least 6 the animals therein due to leakage of inary care or humanely disposed of unless such action is inconsistent with the re­ inches except that in the case of dwarf the watering system, discharges from hamsters such interior height shall be at dead or dying animals, spoiled perish­ search purposes for which such animal was obtained and is being held. least 5 inches. able foods, or moisture condensation, the (ii) Each hamster transported in a guinea pigs or hamsters shall be trans­ T ransportation S tandards primary enclosure shall be provided a ferred to clean primary enclosures. minimum amount of floor space in ac­ (3) Prior to the introduction of guinea § 3.35 V ehicles. -'.if' cordance with the following table: pigs or hamsters into empty primary en­ (a) Vehicles used in transporting closures previously occupied, such en­ guinea pigs or hamsters shall be mechan­ Age Minimum space per closures shall be sanitized in the manner ically sound and equipped to provide hamster (square inches) provided in subparagraph (4) of this fresh air to all animals being transported paragraph. without injurious drafts. Dwarf Other (4) Primary enclosures for guinea pigs 5 7.0 (b) The animal cargo space shall be 7.5 1 1 . 0 or hamsters shall be sanitized by washing so constructed and maintained as to pre­ 0 15.0 them with hot water (180° P.) and soap vent the ingress of exhaust from the ve­ or detergent as in a mechanical cage hicle’s engine. § 3.37 Feed and water requirements. washer, or by washing all soiled surfaces (c) The interior of the animal cargo with a detergent solution followed by a space shall be kept clean. If guinea pigs or hamsters are trans­ safe and effective disinfectant, or by ported for a period of more than 6 hours, cleaning all soiled surfaces with live § 3.36 Primary enclosures used to trans­ the animals shall be fed the quantity steam. port guinea pigs and hamsters. and quality of fruits or vegetables suffi­ (b) Housekeeping. Premises (build­ (a) Primary enclosures, such as car­ cient to satisfy their food and water ings and grounds) shall be kept clean tons, boxes, or transport cages, used to needs during transit. and in good repair in order to protect transport guinea pigs or hamsters shall § 3.38 Care in transit. the animals from injury and to facilitate be well-constructed, well-ventilated, and the prescribed husbandry practices set designed to protect the health and insure It shall be the responsibility of the at­ forth in this subpart. Premises shall re­ the safety of the animals. Any such pri­ tendant or driver to provide or obtain main free of accumulations of trash. mary enclosures which cannot be readily adequate care for the animals in case of (c) Pest control. An effective pro­ sanitized shall be constructed of new an emergency. gram for the control of insects, ectopara­ sites, and avian and mammalian pests material and shall be discarded after Subpart C— Specifications for the Hu­ one usage. Any such primary enclosures mane Handling, Care, Treatment shall be established and maintained. which may be readily sanitized may be § 3.32 Employees. reused but shall be sanitized prior to the and Transportation of Rabbits A sufficient number of employees shal introduction of guinea pigs or hamsters F acilities and Operating Standards for shipment. All primary enclosures be utilized to maintain the prescribe« § 3.50 Facilities, general. level of husbandry practices set forth ii used to transport guinea pigs or hamsters this subpart. Such practices shall be un shall be positioned in the vehicle in such (a) Structural strength. Housing fa­ der the supervision of an animal care­ a manner that each animal in the vehicle cilities for rabbits shall be structurally taker who has a background in anima has access to sufficient air for normal sound and shall be maintained in good husbandry or care. breathing. The ambient temperature repair, to protect the animals from in­ shall not be allowed to exceed 85° F. nor jury, to contain the animals, and to re­ § 3.33 Classification and separation. fall below 60° F. strict the entrance of other animals. Animals housed in the same primary (b) Animals transported in the same (b) Water and electric power. Reli­ enclosure shall be maintained in com­ primary enclosure shall be of the same able and adequate electric power, if re­ patible groups, with the following addi­ species and in compatible groups. quired to comply with other provisions tional restrictions: (c) Primary enclosures used to trans­ of this subpart, and adequate potable (a) Except where harem breeding is port guinea pigs or hamsters shall be water shall be available. practiced, preweanling guinea pigs shall large enough to insure that each animal (c) Storage. Supplies of food and hot be housed in the same primary en­ contained therein has sufficient space bedding shall be stored in facilities which

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 No. 37—Pt. II- -2 3278 RULES AND REGULATIONS adequately protect such supplies against (a) General. (1) Primary enclosures That such receptacles shall be sanitized infestation or contamination by vermin. shall be structurally sound and main­ at least once every 2 weeks. Refrigeration shall be provided for sup­ tained in good repair to protect the rab­ § 3.56 Sanitation. plies of perishable food. bits from injury, to contain them, and (d) Waste disposal. Provision shall to keep predators out. (a) Cleaning of primary enclosures. be made for the removal and disposal of (2) Primary enclosures shall be con­ (1) Primary enclosures shall be kept rea­ animal and food wastes, bedding, dead structed and maintained so as to enable sonably free of excreta, hair, cobwebs animals, and debris. Disposal facilities the rabbits to remain dry and clean. and other debris by periodic cleaning. shall be so provided and operated as to (3) Primary enclosures shall be con­ Measures shall be taken to prevent the minimize vermin infestation, odors, and structed and maintained so that the rab­ wetting of rabbits in such enclosures if disease hazards. bits contained therein have convenient a washing process is used. (e) Washroom and sinks. Facilities, access to clean food and water as re­ (2) In primary enclosures equipped such as washrooms, basins, or sinks, quired in this subpart. with solid floors, soiled litter shall be re­ shall be provided to maintain cleanliness (4) The floors of the primary enclo­ moved and replaced with clean litter at among animal caretakers. sures shall be constructed so as to protect least once each week. the rabbits’ feet and legs from injury. (3) If primary enclosures are equipped § 3.51 Facilities, indoor. Litter shall be provided in all primary with wire or mesh floors, the troughs (a) Heating. Indoor housing facili­ enclosures having solid floors. or pans under such enclosures shall be ties for rabbits need not be heated. (5) A suitable nest box containing cleaned at least once each week. If (b) Ventilation. Indoor housing fa­ clean nesting material shall be provided worm bins are used under such enclo­ cilities for rabbits shall be adequately in each primary enclosure housing a fe­ sures they shall be maintained in a sani­ ventilated to provide for the health and male with a litter less than one month of tary condition. comfort of the animals at all times. age. (b) Sanitization of primary enclo­ Such facilities shall be provided with (b) Space requirements. Primary en­ sures. (D Primary enclosures for rab­ fresh air either by means of windows, closures shall be constructed and main­ bits shall be sanitized at least once every doors, vents or air conditioning and shall tained so as to provide sufficient space 30 days in the manner provided in sub- be ventilated so as to minimize drafts, for the animal to make normal postural paragraph (3) of this paragraph. odors, and moisture condensation. Aux­ adjustments with adequate freedom of (2) Prior to the introduction of rab­ iliary ventilation, such as exhaust fans movement. Each rabbit housed in a pri­ bits into empty primary enclosures pre­ and vents or air conditioning,- shall be mary enclosure shall be provided a mini­ viously occupied, such enclosures shall provided when the ambient temperature mum amount of floor space, exclusive of be sanitized in the manner provided in is 85° F. or higher. the space taken up by food and water subparagraph (3) of this paragraph. (c) Lighting. Indoor housing facili­ receptacles, in accordance with the fol­ (3) Primary enclosures for rabbits ties for rabbits shall have ample light, lowing table: shall be sanitized by washing them with by natural or artificial means, or both, hot water (180° F.) and soap or deter­ of good quality and well distributed. Minimum gent as in a mechanical cage washer, or Such lighting shall provide uniformly Individual weights space per by washing all soiled surfaces with a de­ Category (pounds) rabbit distributed illumination of sufficient (square tergent solution followed by a safe and light intensity to permit routine inspec­ inches) effective disinfectant, or by cleaning all tion and cleaning during the entire work­ soiled surfaces with live steam or flame. ing period. Primary enclosures shall be Groups. 3 through 5.. 144 (c) Housekeeping. Premises (build­ 6 through 8- 288 ings and grounds) shall be kept clean so placed as to protect the rabbits from 9 or more__ 432 excessive illumination. Individual adults. 3 through 5.. 180 and in good repair in order to protect the (d) Interior surfaces. The interior 6 through 8.. 360 animals from injury and to facilitate the 9 through 11. 540 'prescribed husbandry practices set forth building surfaces of indoor housing fa­ 12 or more... 720 cilities shall be constructed and main­ Nursing females.. 3 through 5_. 576 in this subpart. Premises shall remain 6 through 8.. 720 free of accumulations of trash. tained so that they are substantially im­ 9 through 11. 864 pervious to moisture and may be readily 12 or more... 1080 (d) Pest control. An effective pro­ sanitized. gram for the control of insects, ectopar­ asites, and avian and mammalian pests § 3.52 Facilities, outdoor. Animal Health and Husbandry shall be established and maintained. Standards (a) Shelter from sunlight. When § 3.57 Employees. sunlight is likely to cause overheating § 3 .54 Feeding. or discomfort, sufficient shade shall be A sufficient number of employees shall provided to allow all rabbits kept out­ (a) Rabbits shall be fed at least once be utilized to maintain the prescribed doors to protect themselves from the each day except as otherwise might be level of husbandry practices set forth in direct rays of the sun. When the at­ required to provide adequate veterinary this subpart. Such practices shall be mospheric temperature exceeds 90° F. care. The food shall be free from con­ under the supervision of an animal care­ artificial cooling shall be provided by a tamination, wholesome, palatable and taker who has a background in animal sprinkler system or other means. of sufficient quantity and nutritive value husbandry or care. (b) Shelter from rain or snow. Rab­ to meet the normal daily requirements § 3.58 Classification and separation. for the condition and size of the rabbit. bits kept outdoors shall be provided with Animals housed in the same primary access to shelter to allow them to remain (b) Food receptacles shall be accessi­ ble to all rabbits in a primary enclosure enclosure shall be maintained in com­ dry during rain or snow. patible groups, with the following addi­ (c) Shelter from cold weather. Shel­ and shall be located so as to minimize contamination by excreta. All food re­ tional restrictions: ter shall be provided for all rabbits kept (a) Rabbits shall not be housed in the outdoors when the atmospheric tempera­ ceptacles shall be kept clean and sani­ same primary enclosure with any other ture falls below 40° F. tized at least once every 2 weeks. If self feeders are used for the feeding of dry species of animals unless required for (d) Protection from predators. Out­ scientific reasons. door housing facilities for rabbits shall feed, measures must be taken to prevent (b) Rabbits under quarantine or be fenced or otherwise enclosed to mini­ molding, deterioration or caking of the treatment for a communicable disease mize the entrance of predators. feed. shall be separated from other rabbits and (e) Drainage. A suitable method § 3.55 Watering. other susceptible species of animals m shall be provided to rapidly eliminate such a manner as to minimize dissemina­ excess water. Sufficient potable water shall be pro­ tion of such disease. vided daily except as might otherwise be § 3.53 Primary enclosures. required to provide adequate veterinary § 3.59 Veterinary care. All primary enclosures for rabbits shall care. All watering receptacles shall be (a) Programs of disease control and conform to the following requirements: sanitized when dirty : Provided, however, prevention, euthanasia, and adequate

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3279 veterinary care shall be established and vided with food and water. This require­ Auxiliary ventilation, such as exhaust maintained under the supervision and ment may be met by providing feedstuff fans and vents or air conditioning, shall assistance of a doctor of veterinary and water, or the quantity and quality of be provided when the ambient tempera­ medicine. vegetables, sufficient to satisfy their food ture is 85° F. or higher. (b) Each rabbit shall be observed at and water needs during transit. (c) Lighting. Indoor housing facili­ least every 48 hours by the animal care­ ties for nonhuman primates shall have taker in charge, or by someone working § 3.63 Care in transit. ample light, by natural or artificial under his direct supervision, for evidence It shall be the responsibility of the at­ means, or both, of good quality and well of disease or injury. Sick or diseased, tendant or driver to provide or obtain distributed. Such lighting shall provide injured, lame or blind rabbits shall be adequate care for the animals in case of uniformly distributed illumination of provided with veterinary care or hu­ an emergency. sufficient light intensity to permit manely disposed of unless such action is Subpart D— Specifications for the Hu­ routine inspection and cleaning during inconsistent with the research purposes the entire working period. Primary en­ for which such animal was obtained and mane Handling, Care, Treatment, closures shall be so placed as to protect is being held. and Transportation of Nonhuman the nonhuman primates from excessive Primates 5 illumination. Transportation Standards (d) Interior surfaces. The interior Facilities and Operating Standards § 3.60 Vehicles. building surfaces of indoor housing § 3.75 Facilities, general. facilities shall be constructed and main­ (a) Vehicles used in transporting rab­ tained so that they are substantially bits shall be mechanically sound and (a) Structural strength. The housing impervious to moisture and may be equipped to provide fresh air to all facilities for nonhuman primates shall readily sanitized. animals being transported without in­ be structurally sound and shall be main­ (e) Drainage. A suitable method shall jurious drafts. tained in good repair, to protect the ani­ be provided to rapidly eliminate excess (b) The animal cargo space shall be mals from injury, to contain the animals, water from indoor housing facilities. If so constructed and maintained as to pre­ and to restrict the entrance of other ani­ drains are used, they shall be properly vent the ingress of exhaust from the mals. constructed and kept in good repair to vehicle’s engine. (b) Water and electric power. Reli­ avoid foul odors therefrom. If closed (c) The interior of the animal cargo able and adequate electric power, if re­ drainage systems are used, they shall be space shall be kept clean. quired to comply with other provisions equipped with traps and so installed as to of this subpart, and adequate potable prevent any backup of sewage onto the § 3.61 Primary enclosures used to trans­ water shall be available. floor of the room. port rabbits. (c) Storage. Supplies' of food and (a) Primary enclosures, such as com­ bedding shall be stored in facilities which § 3.77 Facilities, outdoor. partments or transport cages, cartons or adequately protect such supplies against (a) Shelter from sunlight. When sun­ crates, used to transport rabbits, shall be infestation or contamination by vermin. light is likely to cause overheating or well-constructed, well-ventilated and Refrigeration shall be provided for sup­ discomfort, sufficient shade shall be pro­ designed to protect the health and insure plies of perishable food. vided to allow all nonhuman primates the safety of the animals. Such en­ (d) Waste disposal. Provision shall be kept outdoors to protect themselves from closures shall be constructed or posi­ made for the removal and disposal of the direct rays of the sun. tioned in the vehicle in such a manner animal and food wastes, bedding, dead (b) Shelter from rain or snow. Non­ that (1) each animal in the vehicle has animals, and debris. Disposal facilities human primates kept outdoors shall be access to sufficient air for normal breath­ shall be so provided and operated as to provided with access to shelter to allow ing, (2) the openings of such enclosures minimize vermin infestation, odors, and them to remain dry during rain or snow. are easily accessible at all times for disease hazards. (c) Shelter from cold weather. Shel­ emergency removal of the animals, and (e) Washroom and sinks. Facilities, ter shall be provided for all nonhuman (3) the animals are afforded adequate such as washrooms, basins, or sinks, shall primates kept outdoors to afford com­ protection from the elements. The be provided to maintain cleanliness fort and protection to such animals ap­ ambient temperature shall not be among animal caretakers. propriate for the local climatic condi­ allowed to exceed 85° P. nor fall below tions and the nonhuman primate species that temperature to which the animals § 3.76 Facilities, indoor. concerned. are acclimated. (a) Heating. Indoor housing facili­ (d) Drainage. A suitable method shall (b) Rabbits transported in the same ties for nonhuman primates shall be suf­ be provided to rapidly eliminate excess primary enclosure shall be in compatible ficiently heated when necessary to pro­ water. groups and shall not be transported in tect the animals from the cold, and to the same primary enclosures with other provide for their health and comfort. § 3.78 Primary enclosures. species of animals. The ambient temperature shall not be All primary enclosures for nonhuman (c) Primary enclosures used to trans­ allowed to fall below 50° F. primates shall conform to the following port rabbits shall be large enough to (b) Ventilation. Indoor housing fa­ requirements: insure that each rabbit contained there­ cilities for nonhuman primates shall be (a) General. (1) Primary enclosures in has sufficient space to turn about adequately ventilated to provide for the shall be structurally sound and main­ freely, and to make normal postural ad­ health and comfort of the animals at all tained in good repair to protect the non- justments. Not more than 15 rabbits times. Such facilities shall be provided human primates from injury, to contain shall be transported in the same primary with fresh air either by means of win­ them, and to keep predators out. enclosure. dows, doors, vents, or air conditioning (2) Primary enclosures shall be con­ (d) Rabbits shall not be placed in and shall be ventilated so as to minimize structed and maintained so as to enable primary enclosures over other animals drafts, odors, and moisture condensation. the nonhuman primates to remain dry in transit unless each enclosure is fitted and clean. with a floor of a material which prevents !5 Nonhuman primates include a great di­ (3) Primary enclosures shall be con­ animal excreta from entering lower en­ versity of forms, ranging from the marmoset structed and maintained so that the non­ closures. weighing only a few ounces, to the adult human primates contained therein have (e) Primary enclosures used to trans­ gorilla weighing hundreds of pounds. They convenient access to clean food and port rabbits shall be cleaned and sani­ come from Asia, Africa, and Central and water as required in this subpart. tized between shipments. All litter in the South America, and they live in different (4) The floors of the primary en­ vehicle shall be clean at the beginning habitats. Their nutritional and activity re­ closures shall be constructed so as to of each trip. quirements differ as do their social and en­ protect the nonhuman primates from vironmental requirements. As a result, the injury. § 3.62 Food and water requirements. conditions appropriate for one species do not necessarily apply to another; therefore, dis­ (b) Space requirements. (1) Primary If rabbits are transported for a period cretion must be used in interpreting these enclosures shall be constructed and of more than 6 hours, they shall be pro- standards. maintained so as to provide sufficient

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3280 RULES AND REGULATIONS

space to allow each nonhuman primate ing the soiled gravel, sand, or dirt and perature within such enclosures shall to make normal postural adjustments replacing it as necessary. not be allowed to exceed the atmos­ with adequate freedom of movement, (c) Housekeeping. Premises (build­ pheric temperature. Moreover the am­ (2) Each nonhuman primate housed ings and grounds) shall be kept clean bient temperature shall not be allowed in a primary enclosure shall be provided and in good repair in order to protect the to exceed 85° F. for more than 4 hours with a minimum floor space equal to an animals from injury and to facilitate the continuously nor allowed to fall below area of at least three times the area prescribed husbandry practices set forth 45° F. occupied by such primate when standing in this subpart. Premises shall remain (b) Nonhuman primates transported on four feet. free of accumulations of trash. in the same primary enclosure shall be Animal Health and Husbandry (d) Pest control. An effective pro­ in compatible groups and shall not be gram for the control of insects, ectopara­ Standards transported in the same primary enclo­ sites, and avian and mammalian pests sures with other species of animals. § 3,79 Feeding. shall be established and maintained. (c) Primary enclosures used to trans­ (a) Nonhuman primates shall be fed § 3 .82 E m ployees. port nonhuman primates shall be large at least once each day except as otherwise enough to insure that each nonhuman might be required to provide adequate A sufficient number of employees shall primate contained therein has sufficient veterinary care. The food shall be free be utilized to maintain the prescribed space to turn about freely and to make from contamination, wholesome, pal­ level of husbandry practices set forth in normal postural adjustments. Not more atable, and of sufficient quantity and nu­ this subpart. Such practices shall be than 10 nonhuman primates shall be tritive value to meet the normal daily under the supervision of an animal care­ transported in the same primary enclo­ requirements for the condition and size taker who has a background in animal sures. of the nonhuman primate. husbandry or care. (d) Nonhuman primates shall not be (b) Food, and food receptacles if used, § 3.83 Classification and separation. placed in primary enclosures over other shall be accessible to all nonhuman pri­ animals in transit unless each enclosure Nonhuman primates housed in the is fitted with a floor of a material which mates and shall be placed so as to same primary enclosure shall be main­ minimize contamination by excreta. prevents animal excreta from entering tained in compatible groups and shall lower enclosures. Food receptacles shall be kept clean and not be housed in the same primary en­ shall be sanitized at least once every 2 (e) Primary enclosures used to trans­ closure with animal species other than port nonhuman primates shall be cleaned weeks. If self feeders are used, measures nonhuman primates. shall be taken to prevent molding, de­ and sanitized between shipments. All terioration or caking of food. § 3.84 Veterinary care. litter in the vehicle shall be clean at the beginning of each trip. § 3.80 Watering. (a) Programs of disease control and prevention, euthanasia, and adequate § 3.87 Food and water requirements. If potable water is not accessible to the veterinary care shall be established and nonhuman primates at all times, such maintained under the supervision and If nonhuman primates are transported water shall be offered to them at least assistance of a doctor of veterinary for a period of more than 12 hours: twice daily except as might otherwise be medicine. (a) Potable water shall be provided required to provide adequate veterinary (b) Each nonhuman primate shall be to each nonhuman primate at least once care. All watering receptacles shall be observed daily by the animal caretaker in each 12-hour period. kept clean and all such receptacles shall in charge or by someone working under (b) Each nonhuman primate shall be be sanitized at least once every 2 weeks. his direct supervision. Sick or diseased, fed at least once in each 24-hour period. § 3.81 Sanitation. injured, lame, or blind nonhuman pri­ § 3.88 Care in transit. mates shall be provided with veterinary (a) Cleaning of primary enclosures. care or humanely disposed of unless It shall be the responsibility of the at­ Excreta shall be removed from primary such action is inconsistent with the re­ tendant or driver to provide or obtain enclosures as often as necessary to pre­ search purposes for which the animal adequate care for the animals in case of vent contamination of the nonhuman was obtained and is being held. an emergency. primates contained therein and to re­ Statement of considerations. The no­ duce disease hazards and odors. When § 3.85 Vehicles. tice of proposed rule making concerning hosing or flushing methods are used for (a) Vehicles used in transporting the issuance of regulations and stand­ this purpose, measures shall be taken to nonhuman primates shall be mechani- ards under the Laboratory Animal Wel­ prevent animals confined in such enclo­ ically sound and equipped to provide fare Act, published on December 15,1966, sures from being wetted involuntarily. fresh air to all animals being trans­ has generated widespread public inter­ (b) Sanitization of enclosures. (1) ported, without injurious drafts. est. The Department received more Prior to the introduction of nonhuman (b) The animal cargo space shall be than 6,000 written communications primates into primary enclosures previ­ so constructed and maintained as to pre­ which expressed the views and counter­ ously occupied by other nonhuman pri­ vent the ingress of exhaust from the ve­ proposals of educational and research mates, such enclosures shall be sanitized hicle’s engine. institutions, local, state and national or­ * in the manner provided in subparagraph (c) The interior of the animal cargo ganizations, and numerous individuals, (3) of this paragraph. space shall be kept clean. iiiterested in animal welfare. Many of (2) Primary enclosures for nonhuman such submissions were of a comprehen­ primates shall be sanitized often enough § 3.86 Primary enclosures used to trans­ sive nature and recommended conflict­ to prevent an accumulation of debris or port nonhuman primates. ing courses of action. Consideration has excreta, or a disease hazard: Provided, (a) Primary enclosures such as com­ been given to all views and comments however, That such enclosures shall be partments, transport cages or crates, submitted, as well as to other informa­ sanitized at least once every 2 weeks in used to transport nonhuman primates tion available to the Department. The the manner provided in subparagraph shall be well-constructed, well-venti­ foregoing regulations and standards (3) of this paragraph. lated, and designed to protect the health represent the Department’s considered (3) Cages, rooms and hard surfaced and insure the safety of the animals. judgment as to the requirements to be pens or runs shall be sanitized either by Such enclosures shall be constructed or imposed at this time in the light of pres­ washing them with hot water (180° F.) positioned in the vehicle in such a man­ ently available knowledge concerning the and soap or detergent, as in a mechanical ner that (1) each animal in the vehicle humane care of laboratory animals. cage washer, or by washing all soiled has access to sufficient air for normal A large majority of the comments were surfaces with a detergent solution fol­ breathing, (2) the openings of such en­ directed to the issue of whether dogs lowed by a safe and effective disinfectant, closures are easily accessible at all times should be released from cages periodi­ or by cleaning all soiled surfaces with for emergency removal of the animal and cally for exercise purposes. The evi­ live steam. Pens or runs using gravel, (3) the animals are afforded adequate dence received on this issue was conflict­ sand, or dirt, shall be sanitized by remov- protection from the elements. The tem­ ing.

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 RULES AND REGULATIONS 3281

Many comments received by the De­ requirements are applicable to such A number of objections were raised partment from individuals and organiza­ classes of dealers with respect to identi­ with reference to the proposed require­ tions outside the research community fication of dogs and cats and the amount ment that dealers and research facilities expressed the opinion that exercise of license fees. retain records for a period of 2 years. should be required. These opinions were The Department’s proposed method of Upon further consideration it has been based on humane considerations and it determining the amount of the annual determined that the purposes of the Act was also suggested that the health of license fees for dealers was also a sub­ will be effectuated if such records are the dog would be improved by exercise ject of considerable interest. Objections retained for a shorter period. The re­ thereby producing a better research were made to the method of establishing tention period has, therefore, been specimen. A majority of the comments such fees, the amount of the fees, and changed to 1 year, except where written received from dealers and members of the failure to differentiate between notice is given to the dealer or research the research community expressed op­ breeders and other dealers. Suggestions facility that an investigation or pro­ position to a mandatory exercise require­ were made that provisions be included ceeding is pending or contemplated and ment. Some scientists stated that exer­ permitting the fees to be paid quarterly that specified records should be retained, cise of laboratory dogs is necessary and rather than annually. In the light of in which event such records must be re­ should be mandatory. On the other such comments, and the provisions of tained until further notice. Provision hand, some scientists felt that exercise the statute requiring that license fees has also been made for a longer reten­ was not at all essential to the health shall be adjusted on an equitable basis tion period when required to comply and well-being of the animal. The ma­ taking into consideration the type and with Federal, State, or local law. jority of scientists who commented nature of the operations to be licensed, Various changes from the proposal based their opposition to a mandatory the proposal concerning license fees has were made in the Standards with regard exercise requirement generally upon the been modified to provide for a somewhat to temperature requirements for the contentions that current scientific different method of establishing the fees, various animals. These temperature knowledge does not justify the conclu­ lower license fees, and different fees for requirements were clarified by the use sion that mandatory removal of labo­ the two classes of dealers. The sugges­ of the term ambient which is defined as ratory animals from enclosures for tion that provision be made permitting the temperature surrounding the animal. exercise is necessary or desirable for the quarterly payments of the license fees Other changes in regard to the temper­ health of the animals and that the cost has not been adopted as it is not con­ ature requirements were made to take of such a requirement would be prohib­ sidered to be administratively feasible. into consideration the fact that many itive and would impede research. Many The provision contained in the notice animals, and in particular dogs, cats, scientists also expressed the view that of proposed rulemaking that the license and rabbits, are acclimated to temper­ although the exercise of dogs outside fee shall accompany the application for atures lower than those generally pre­ their cages might be desirable under a license has been deleted. It is now scribed in the standards. certain circumstances, it should not be contemplated that the fee will be paid A number of changes have been made mandatory under all conditions and the after a determination has been made which recognize practices or customs determination for the need of this type that the license will be issued. In view commonly used in the industry, and of exercise should be left to the profes­ of this change in procedure, the provi­ which the Secretary has determined are sional judgment of the personnel of the sion contained in the proposal for re­ reasonable and humane. Such changes research facility. funding a license fee if the license is not generally relate to lighting, availability On the basis of the facts available it to be issued has been deleted as it is no of electricity under certain circum­ has been determined that the standards longer necessary. stances, shade, bedding in outside facil­ on space requirements should provide Objection was made by various educa­ ities, flooring in primary enclosures, that enclosures housing dogs allow the tional institutions to the provision con­ maximum population in enclosures, and dogs sufficient space to turn about freely tained in the notice that a university or separation of sexes. and to easily stand, sit and lie in com­ college rather than one or more of its Provisions contained in the proposal fortable normal positions. A review of schools or departments would be reg­ for specific interior dimensions of cages the available information concerning istered as a research facility. In addi­ have been modified to assure that the exercise reveals that such information tion, the suggestion was made by re­ animal has adequate freedom of move­ consists mainly of observations on hu­ search organizations and pharmaceuti­ ment and at the same time permit mans, and of observations and opinions cal manufacturers that their divisions greater latitude in the configuration of based on research data with reference to be permitted to register rather than the corporations. The Act provides for the the cage design. exercise only in relation to the major Various changes have been made in objective for which the research project issuance of cease and desist orders against research facilities that fail to the regulations and standards for the was designed. The Department believes purpose of clarification. A number of that more definitive experimental justi­ comply with the provisions of the Act or the regulations thereunder and for other changes have been made as a re­ fication is needed before a determination sult of careful consideration of the views can be made whether exercise outside a civil penalties for the failure to obey such cease and desist orders. To effec­ and comments received in response to cage should be included as a mandatory the notice of rulemaking and other in­ requirement. tuate these provisions and the purposes of the Act it is essential that the reg­ formation available to the Department. A number of comments were received istrant be a legal entity. Accordingly, All changes incorporated in the forego­ recommending that the regulations dif­ the proposal has been modified to pro­ ing regulations and Standards take into ferentiate between dealers whose opera­ vide that in any situation in which a consideration the views of other Federal tions are limited to breeding and raising school or department of a university or agencies concerned with the welfare of dogs or cats and dealers whose opera­ college is a separate legal entity and its animals used for research. tions involve the acquisition of such ani­ operations and administration are inde­ The Department proposes to provide mals from various sources. It was pendent of those of the university or col­ for studies on environmental and be­ pointed out in this connection that many lege, the school or department will be havioral factors influencing the health, of the requirements made applicable to registered rather than the university or comfort, and safety of animals being all dealers in the proposal are not nec­ college. Provision has also been made transported and maintained for research essary with respect to breeders to ef­ that a subsidiary of a business corpora­ purposes, including the element of exer­ fectuate the purposes of the Act. Upon tion rather than the parent corporation cise. The Department also plans to further consideration, the Department will be registered as a research facility make extensive visits to the premises of has determined that there is adequate unless the subsidiary is under such direct dealers and research facilities where re­ basis for this differentiation and, there­ control of the parent corporation that to search dogs are maintained to get infor­ fore, the regulations provide for two effectuate the purposes of the Act the mation first hand on the subject of exer­ classes of dealers—Class A, consisting of Secretary determines that it is necessary cise through observing the dogs involved dealers who are breeders, and class B, that the parent corporation register as and discussing the overall problem with consisting of all other dealers. Different a research facility. scientists and other individuals holding

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967 3282 RULES AND REGULATIONS opposing views on the subject. In addi­ pedited this matter as much as possible, regulations and standards may be made tion, the Department plans to work in view of the tremendous volume of sub­ effective in less than 30 days after issu­ closely on a continuing basis with repre­ missions and the novel nature of the sub­ ance thereunder. sentatives of other Federal agencies ject matter, it has not been possible for The foregoing regulations and stand­ using laboratory animals so that their the Department to arrive at its final de­ ards shall become effective upon publica­ considerable knowledge in laboratory terminations in time to provide for an tion in the F ederal R egister. animal medicine can be fully utilized. additional notice of rulemaking with The reporting and/or record-keeping Continuing consideration will be given to further opportunity to submit views. requirements contained herein have been the modification of the standards in Also, the widespread response to the orig­ approved by the Bureau of the Budget the light of further experience, research inal notice of rulemaking has afforded in accordance with the Federal Reports and scientific developments. the Department the benefit of the views Act of 1942. As heretofore noted the Department of all groups of affected persons. Done at Washington, D.C., this 17th received 6,000 submissions in response to Accordingly, pursuant to the adminis­ day of February 1967. the notice of proposed rulemaking. The trative procedure provisions of 5 U.S.C. Act provides in effect that regulations George W. I rving, Jr., and standards shall be promulgated by 553, it is found upon good cause that Administrator. the Secretary not later than February 24, further notice of proposed rulemaking is [F.R. Doc. 67-2046; Filed, Feb. 23, 1967; 1967. Although the Department has ex- unnecessary and impracticable and the 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 37— FRIDAY, FEBRUARY 24, 1967