Federal Register Volume 34

FEDERAL REGISTER VOLUME 34 . NUMBER48 Wednesday, March 12, 1969 • Washington, D.C. Pages 5095-5146

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Education Office Federal Aviation Administration Federal Communications Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Interagency Textile Administrative Committee Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Just Published

PRINCIPAL OFFICIALS IN THE EXECUTIVE BRANCH

Appointed January 20-February 20, 1969

A listing of more than 200 appointments of key officials made after Jan­ uary 20, 1969. Serves as a supplement to the 1968-69 edition of the U.S. Government Organization Manual.

Price: 20 cents

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v Contents

AGRICULTURAL STABILIZATION FEDERAL AVIATION Notices ADMINISTRATION Drugs for human-use; drug effi­ AND CONSERVATION SERVICE cacy study implementation; an­ Rules and Regulations Rules and Regulations nouncement regarding calcium Upland cotton; acreage allot­ Alterations: glucepate injection______5126 ments for 1968 and succeeding Control zone and transition Petitions regarding pesticides: crop years______5099 area______5099 Shell Chemical Co______5128 Transition area (2 documents) _ 5099 Uniroyal, Inc______5128 AGRICULTURE DEPARTMENT 5100 HAZARDOUS MATERIALS See also Agricultural Stabiliza­ Proposed Rule Making tion and Conservation Service; Airworthiness directives; Godfrey REGULATIONS BOARD Consumer and Marketing Serv­ Cabin superchargers Type 15, Proposed Rule Making ice; Packers and Stockyards Ad­ Marks 6, 9, and 14------5110 Transportation of hazardous ma­ ministration. Federal airways; proposed altera- terials (4 documents)!_____ 5112, 5113 Notices tion______.1------5111 Land acquisition costs for ap­ Notices Flaming Gorge National Recrea­ proach lighting systems; U.S. Special permits; issuance______5133 tion Area, Utah and Wyoming; share______5111 description of exterior bound­ Transition areas; proposed desig­ HEALTH, EDUCATION, AND ary ______5125 nation and alteration------5111 WELFARE DEPARTMENT ATOMIC ENERGY COMMISSION FEDERAL COMMUNICATIONS See Education Office; Food and Notices COMMISSION Drug Administration. Commonwealth of Pennsylvania Rules and Regulations and Nuclear Materials and INTERAGENCY TEXTILE Equipment Corp.; issuance of Frequency allocations and radio ADMINISTRATIVE COMMITTEE facility license amendment----- 5129 treaty matters; miscellaneous amendments __— ------5104 Notices Texas A & M University; issuance New broadcast stations; assign­ of amended facility license------5130 Certain cotton textiles and cotton ment and transfer of construc­ textile products produced or tion permits------5102 CIVIL AERONAUTICS BOARD manufactured in Poland; entry Radiobroadcast services: or withdrawal from warehouse Notices Alignment of emergency action for consumption; correction__ 5133 notification test procedures Hearings, etc.: with current industry prac­ Austin-West Service Investiga­ tices and recommendations_5106 INTERIOR DEPARTMENT tion ______5131 Table of assignments; Botti­ See Fish and Wildlife Service; Miami-London Route Investiga­ neau, N. Dak. et al______5107 Land Management Bureau. tio n ______5131 Proposed Rule Making Service to White Plains, N.Y___ 5131 Class A and Class B telephone INTERSTATE COMMERCE Southern Airways, Inc______5131 companies; uniform system of COMMISSION Southern Tier Competitive Non­ accou n ts______5114 stop Investigation______5131 FM broadcast stations; table of Notices assignments; Doniphan, Mo., Motor carrier: CONSUMER AND MARKETING et al______5120 Alternate route deviation no­ SERVICE tices ______5139 FEDERAL POWER COMMISSION Applications and certain other Rules and Regulations Notices proceedings______5135 Nonfat dry milk; standards for Hearings, etc.: Intrastate applications______5141 grades______5099 El Paso Natural Gas Co------— 5131 Temporary authority applica­ Proposed Rule Making Gulf Oil Corp______5132 tions ______5142 South Texas Natural Gas Gath­ Transfer proceedings______5144 Milk in Neosho Valley, Red River ering Co______5132 and Oklahoma Metropolitan LAND MANAGEMENT BUREAU marketing areas; decision____ 5108 FISH AND WILDLIFE SERVICE Notices CUSTOMS BUREAU Rules and Regulations Arizona : Notices Bitter Lake National Wildlife Ref­ Partial termination of classifica- uge, New Mexico; sport fishing. 5100 tio n ______5125 “Horsef eathers” ; classification ; Proposed withdrawal and reser­ correction______5126 FOOD AND DRUG vation of lands______5125 ADMINISTRATION e d u c a t io n o f f ic e PACKERS AND STOCKYARDS Rules and Regulations Notices ADMINISTRATION Endosulfan; tolerances------5100 Application for Federal financial Food additives: Notices assistance in construction of Closures with sealing gaskets Canaan Sales Stables et al.; noncommercial educational tele­ for food containers______5100 posted stockyards______5126 vision broadcast facilities; ac­ Vinyl Chloride-ethylene copoly­ ceptance for filing______5128 mers ______5101 (Continued on next page) 5097 5098 CONTENTS

SECURITIES AND EXCHANGE SMALL BUSINESS TRANSPORTATION DEPARTMENT COMMISSION ADMINISTRATION See Federal Aviation Administra­ Notices Notices tion; Hazardous Materials Reg­ Hearings, etc.: Area Administrators; delegation Comstock-Keystone Mining Co^ 5133 of authority______5134 ulations Board. Dyna Ray Corp______5133 Mooney Aircraft, Inc______5134 Southwestern Electric Power TREASURY DEPARTMENT C o ______,______5134 United Australian Oil, Inc____ 5134 See Customs Bureau.

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected# covering the current month to date# appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1# 1969# and specifies how they are affected.

7 CFR 14 CFR 49 CFR 58______5099 71 (3 documents) 5099, 5100 P roposed R ules: 722------5099 P roposed R ules: 172 ______5112 P roposed R ules: 39______—______5110 173 (4 documents)______5112, 5113 1071______5108 71 (2 documents)______5111 1104_____ 5108 151______5111 50 CFR 1106______5108 33 ______5100 21 CFR 120 ______5100 121 (2 documents)______5100, 5101 47 CFR 1 ______5102 2 ______;______— 5104 73 (2 documents)______5106, 5107 P roposed R ules: 31 5114 73 5120 5099 Rules and Regulations

Chapter VII— Agricultural Stabiliza­ Title 7— AGRICULTURE tion and Conservation Service (Agri­ Title 14— AERONAUTICS AND Chapter I— Consumer and Marketing cultural Adjustment), Department of SPACE Service (Standards, Inspections, Agriculture Marketing Practices), Department of SUBCHAPTER B— FARM MARKETING QUOTAS Chapter I— Federal Aviation Admin­ Agriculture AND ACREAGE ALLOTMENTS istration, Department of Transpor­ tation PART 58— GRADING AND INSPEC­ [Arndt. 9] TION, GENERAL SPECIFICATIONS PART 722— COTTON SUBCHAPTER E— AIRSPACE [Airspace Docket No. 68-SO-67] FOR APPROVED DAIRY PLANTS Subpart— A creag e Allotments for AND STANDARDS FOR GRADES OF 1968 and Succeeding Crops of PART 71— DESIGNATION OF FEDERAL DAIRY PRODUCTS Upland Cotton AIRWAYS, CONTROLLED AIR­ SPACE, AND REPORTING POINTS Subpart L— Spray Process R elease and R eapportionment of Cotton Subpart M— Roller Process Allotments Alteration of Transition Area Basis and purpose. This amendment is Correction Standards for G rades of Nonfat Dry issued pursuant to the Agricultural Ad­ Milk justment Act of 1938, as amended (52 In F.R. Doc. 69-2515 appearing at page A notice of proposed rule making cov­ Stat. 31, as amended; 7 UJ3.C. 1281 et 3655 in the issue of Saturday, March 1, ering the issuance of an amendment of seq.) . The purpose of this amendment 1969, the third paragraph should read: U.S. Standards for Grades of Nonfat Dry is to change the closing dates for release, Since this amendment will impose no Milk (Spray and Roller Process) (7 CPR request for reapportionment, and for re­ additional burden on the public and is Part 58, Subparts L and M) was pub­ apportionment of released acreage for all required for reasons of safety, notice and lished in the F ederal R egister of Decem­ counties in Louisiana. public procedure hereon are unneces­ ber 11, 1968 (33 F.R. 18379). It afforded Since planting of cotton is imminent, sary and action is taken herein to amend interested persons the opportunity to affected farmers need benefit of this the F ederal R egister document accord­ submit within 60 days to the Hearing amendment immediately. It is hereby de­ ingly. Clerk written data, views, or arguments termined and found that compliance in connection with the proposal. There with the notice, public procedure and [Airspace Docket No. 69-SO-2] were three comments received within 30-day effective date requirements of 5 the prescribed time. U.S.C. 553 is impracticable and contrary PART 71— DESIGNATION OF FEDERAL Statement of consideration. Three to the public interest. Accordingly, this AIRWAYS, CONTROLLED AIRSPACE, comments were received regarding the amendment shall be effective upon filing AND REPORTING POINTS proposal. All were favorable. However, with the Director, Office of the Federal Alteration of Control Zone and the American Dry Milk Institute re­ Register. Transition Area quested that a later effective date be set, The Subpart—Acreage Allotments for than originally proposed, to allow dry 1968 and Succeeding Crops of Upland On January 23, 1969, a notice of pro­ milk plants more time in which to meet Cotton of Part 722, Subchapter B of posed rule making was published in the the new standards. In view of this re­ Chapter VII, Title 7 (33 F.R. 895, 4451, F ederal R egister (34 F.R. 1052), stating quest and to encourage compliance and 5532, 6705, 7564, 17346, and 19823, and that the Federal Aviation Administra­ more orderly marketing, the effective 34 F.R. 924 and 2351) are hereby tion was considering an amendment to date will be October 1,1969. amended by amending the table in Part 71 of the Federal Aviation Regula­ The amendments are as follows: § 722.412(b) (7) (iv) by changing the clos­ tions that would alter the Fort Myers, 1. Change Subpart L, § 58.2529 U.S.ing dates for Louisiana to read as follows: Fla., control zone and transition area. Grade not assignable, to read as follows:' § 722.412 Release and reapportionment Interested persons were afforded an § 58.2529 U.S. Grade not assignable. of cotton allotments. opportunity to participate in the rule * * * * * making through the submission of com­ Nonfat dry milk which fails to meet the ments. All comments received were requirements for U.S. Standard Grade (b) * * * favorable. (7) Closing dates. * * * and/or shows a direct microscopic clump ♦ * In consideration of the foregoing, Part count exceeding 150 million per gram (iv) * 71 of the Federal Aviation Regulations shall not be assigned a U.S. Grade. is amended, effective 0901 G.m.t., May 1, 2. Change Subpart M, § 58.2554 U.S. Closing date Final date State Closing date for requests for reappor- 1969, as hereinafter set forth. Grade not assignable, to read as follows: for release for reappor­ tionment In §71.171 (34 F.R. 4557), the Fort tionment § 58.2554 U.S. Grade not assignable. Myers, Fla., control zone is amended to read: Nonfat dry milk which fails to mq< Louisiana..... March 28___ March 28.... April 11. F ort Myers, F la. the requirements for U.S. Standai Within a 5-mile radius of Page Field (lat. Grade and/or shows a direct microscop' (Secs. 344, 375, 63 Stat. 670, as amended, 52 26°35'10" N., long. 81°51'50'' W.); within 2 clump count exceeding 150 million pi Stat. 66, as amended, 7 U.S.C. 1344, 1375) miles each side of the 039° bearing from the gram shall not be assigned a U.S. Grad Effective date: Date of filing with the Fort Myers RBN, extending from the 5-mile radius zone to the RBN; within 2 miles each Effective date. This amendment sha Director, Office of the Federal Register. side of the Fort Myers VORTAC 213° radial, become effective October 1, 1969. Signed at Washington, D.C., on extending from the 5-mile radius zone to 8 Done at Washington, D.C., this 7t March 6, 1969. miles southwest of the VORTAC. ‘day of March. Carroll Brunthaver, In §71.181 (34 F.R. 4637), the Fort J ohn E. T romer, Acting Administrator, Agricul­ Myers, Fla., 700-foot transition area is Acting Deputy Administrator, tural Stabilization and Con­ amended to read: Marketing Services. servation Service. F ort Myers, Fla. [P.R. Doc. 60-2996; Filed, Mar. 11, I960; [F.R. Doc. 69-2970; Filed, Mar. 11, 1969; That airspace extending upward from 700 8:40 a.m.] 8:47 a.m.] feet above the surface within an 8-mlle

FEDERAI REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5100 RULES AND REGULATIONS radius of Page Field (lat. 26°35'10" N., long. § 33.5 Special regulations; sport fishing; 81°51'50” W.); within 2 miles each side of for individual wildlife refuge areas. Title 21— FOOD AND DRUBS the Fort Myers VORTAC 213° radial, extend­ ing from the 8-mile radius area to 9 miles New Mexico Chapter I— Food and Drug Adminis­ southwest of the VORTAC; within 2 miles tration, Department of Health, Edu­ each side of the 219° bearing from Fort BITTER LAKE NATIONAL WILDLIFE REFUGE Myers RBN, extending from the 8-mile radius cation, and Welfare Sport fishing ori^he Bitter Lake Na­ area to 8 miles southwest of the RBN. SUBCHAPTER B— FOOD AND FOOD PRODUCTS (Sec. 307(a), Federal Aviation Act of 1958; tional Wildlife Refuge, N. Mex., is per­ 49 U.S.C. 1348(a); sec. 6(c), Department of mitted from April 1 through October 15, PART 121— FOOD ADDITIVES Transportation Act; 49 U.S.C. 1655(c) ) 1969, inclusive, only on the areas des­ Subpart F— Food Additives Resulting Issued in East Point, Ga., on Feb­ ignated by signs as open to fishing. From Contact With Containers or ruary 27, 1969. These open areas, comprising 945 acres, Equipment and Food Additives H enry S. Chandler, are delineated on maps available at Otherwise Affecting Food Acting Director, Southern Region. refuge headquarters, 13 miles northeast Closures W ith Sealing G askets for [F.R. Doc. 69-2953; Filed, Mar. 11, 1969; of Roswell, N. Mex., and from the F ood Containers 8:46 a.m.] Regional Director, Bureau of Sport The Commissioner of Food and Drugs, Fisheries and Wildlife, Post Office Box [Airspace Docket No. 69—SO-1] having evaluated the data in a petition 1306, Albuquerque, N. Mex., 87103. Sport (FAP 9B2351) filed by W. R. Grace & PART 71 — DESIGNATION OF FEDERAL fishing shall be in accordance with all Co., Dewey & Almy Chemical Division, AIRWAYS, CONTROLLED AIRSPACE, applicable State regulations subject to 62 Whittemore Avenue, Cambridge, Mass. AND REPORTING POINTS the following special conditions: 02140, and other relevant material, con­ cludes that the food additive regulations Alteration of Transition Area (1) The use of boats or floating de­should be amended to provide for the safe vices is prohibited. On January 23, 1969, a notice of pro­ use of diisodecyl phthalate as an optional The provisions of this special regula­ component of closure-sealing gaskets for posed rule making was published in the food containers. Therefore, pursuant to F ederal R egister (34 F.R. 1052), stating tion supplement the regulations which govern fishing on wildlife refuge areas the provisions of the Federal Food, Drug, that the Federal Aviation Administra­ and Cosmetic Act (sec. 409(c)(1), 72 tion was considering an amendment to generally which are set forth in Title 50, Stat. 1786; 21 U.S.C. 348(c) (1)) and un­ Part 71 of the Federal Aviation Regula­ Code of Federal Regulations, Part 33, and der authority delegated to the Commis­ tions that would alter the Lakeland, Fla., are effective through October 15,1969. sioner (21 CFR 2.120), § 121.2550(b)(5) transition area. is amended by alphabetically inserting in Interested persons were afforded an Delbert L. Boggs, the list of substances in table 1 a new opportunity to participate in the rule Acting Refuge Manager, Bitter item, as follows: making through the submission of Lake National Wildlife Ref­ comments, All comments received were uge, Roswell, N. Mex. § 121.2550 Closures with sealing gaskets favorable. for food containers. In consideration of the foregoing, Part F ebruary 27,1969. * * * * # 71 of the Federal Aviation Regulations is [F.R. Doc. 69-2950; Filed, Mar. 11, 1969; (b) * * * amended, effective 0901 G.m.t., May 1, 8:46 a.m.] (5) * * * 1969, as hereinafter set forth. In § 71.181 (34 F.R. 4637), the Lake­ T able 1 land, Fla., transition area is amended as List of substances Limitations (expressed as percent by follows: weight of closure-sealing gasket «<* * * extending, from the 8-mile radius composition) area to 8 miles southwest of the VORTAC * * * * * *» is deleted and “* * * extending Diisodecyl phthalate. No limitation on amount used but for from the 8-mile radius area to 10 miles use only in closure-sealing gasket southwest of the VORTAC * * *” is sub­ compositions used in contact with stituted therefor. nonfatty foods containing no more (Sec. 307(a), Federal Aviation Act of 1958; than 8 percent of alcohol. 49 U.S.C. 1348(a); Sec. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c)) Any person who will be adversely af­ Effective date. This order shall become Issued in East Point, Ga., on Febru­ fected by the foregoing order may at effective on the date of its publication in ary 27, 1969. any time within SO days from the date of the F ederal R egister. H enry S. Chandler, its publication in the F ederal R egister Acting Director, Southern Region. (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 file with the Hearing Clerk, Department (c)(1)) [F.R. Doc. 69-2954; Filed, Mar. 11, 1969; of Health, Education, and Welfare, Room 8:46 a.m.] 5440, 330 Independence Avenue SW., Dated: March 5,1969. Washington, D.C. 20201, written objec­ R. E. D uggan, tions thereto, preferably in quintuplicate. Acting Associate Commissioner Title 50— WILDLIFE AND Objections shall show wherein the per­ for Compliance. son filing will be adversely affected by [F.R. Doc. 69-2942; Filed, Mar. 11, 1969: FISHERIES the order and specify with particularity 8:45 a.m.] Chapter I— Bureau of Sport Fisheries the provisions of the order deemed ob­ jectionable and the grounds for the ob­ and Wildlife, Fish and Wildlife PART 120— TOLERANCES AND EX­ jections. If a hearing is requested, the Service, Department of the Interior EMPTIONS FROM TOLERANCES FOR objections must state the issues for the PESTICIDE CHEMICALS IN OR ON PART 33— SPORT FISHING hearing. A hearing will be granted if the RAW AGRICULTURAL COMMODI­ objections are supported by grounds Bitter Lake National Wildlife Refuge, TIES N. Mex. legally sufficient to justify the relief sought. Objections may be accompanied Endosulfan The following special regulation is is­ sued and is effective on date of publica­ by a memorandum or brief in support A petition (PP 8F0723) was filed with tion in the F ederal R egister. thereof. the Food and Drug Administration by

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 RULES AND REGULATIONS 5101 the PMC Corp., Middleport, N.Y. 14105, Effective date. This order shall become as determined by any suitable analytical proposing the establishment of toler­ effective on the date of its publication procedure of generally accepted appli­ ances for residues of the insecticide in the Federal R egister. cability. endosulfan in or on the raw agricul­ (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. (ii) Intrinsic viscosity in cyclohexa­ tural commodities lettuce and soybeans 346a(d)(2)) none at 30° C. is not less than 0.50 deci­ at 2 parts per million. liter per gram as determined by ASTM Subsequently, the petitioner amended Dated: March 5, 1969. Method D 1243-60. the petition by withdrawing the request R. E. Duggan, (2) Extractives limitations. The fol­ regarding soybeans and proposing a Acting Associate Commissioner lowing extractives limitations are deter­ tolerance of 2 parts per million for for Compliance. mined by the methods described in para­ residues of endosulfan and its metabolite [F.R. Doc. 69-2943; Filed, Mar. 11, 1969; graph (d) of this section: endosulfan sulfate in or on lettuce.' 8:45 a.m.] (i) Total extractives do not exceed The Secretary of Agriculture has cer­ 0.10 weight-percent when extracted with tified that this pesticide chemical is use­ n-heptane at 150° F. for 2 hours. * ful for the purposes for which the toler­ PART 121— FOOD ADDITIVES (ii) Total extractives do not exceed ance is being established. 0.03 weight-percent when extracted with Based on consideration given the data Subpart F— Food Additives Resulting water at 150° F. for 2 hours. submitted in the petition and other rele­ From Contact With Containers or ’(iii) Total extractives obtained by ex­ vant material, the Commissioner of Pood Equipment and Food Additives tracting with water at 150° F. for 2 hours and Drugs concludes that the tolerance Otherwise Affecting Food contain no more than 0.5 milligram of established by this order will protect the vinyl chloride-ethylene copolymer per public health. Therefore, pursuant to the Vinyl Chloride-Ethylene Copolymers 100 grams of sample tested as determined provisions of the Federal Food, Drug, The Commissioner of Food and Drugs, from the organic chlorine content. The and Cosmetic Act (sec. 408(d)(2), 68 having evaluated the data in a petition organic chlorine content is determined Stat. 512; 21 U.S.C. 346a(d) (2) ) and un­ (FAP 8B2275) filed by Union Carbide as described in paragraph (d) (3) of this der authority delegated to the Commis­ Corp., River Road, Bound Brook, N.J. section. sioner (21 CFR 2.120), § 120.182 is 08805, and other relevant material, con­ (d) Analytical methods: The analyt­ amended by revising the introductory cludes that the food additive regulations ical methods for determining whether text and the paragraph “2 parts per should be amended to provide for safe vinyl chloride-ethylene basic copolymers million * * * ” to read as follows : use of certain vinyl chloride-ethylene co­ conform to the extractives limitations § 120.182 Endosulfan; tolerances for polymers as components of articles in­ prescribed in paragraph (c) of this sec­ residues. tended for use in contact with food. tion are as follows and are applicable to Therefore, pursuant to the provisions of the basic copolymers in powder form Tolerances are established for the total the Federal Food, Drug, and Cosmetic having a particle size such that 100 per­ residues of the insecticide endosulfan Act (sec. 409(c)(1), 72 Stat. 1786; 21 cent will pass through a U.S. Standard (6,7,8,9,10,10 - hexachloro - 1,5,5a,6,9,9a - U.S.C. 348(c)(1)) and under authority Sieve No. 40 and 80 percent will pass hexahydro-6,9-methano - 2,4,3 - benzodi- delegated to the Commissioner (21 CFR through a U.S. Standard Sieve No. 80: oxathiepin-3-oxide) and its metabolite 2.120), Part 121 is amended by adding to (1) Reagents— (i) Water. All water endosulfan sulfate (6,7,8,9,10,10-hexa- Subpart F the following new section: used in these procedures shall be de­ chloro - l,5,5a,6,9,9a-h e x a h y d r o-6,9- mineralized (deionized), freshly distilled methano-2,4,3-benzodioxathiepin-3,3-di­ § 121.2609 Vinyl chloride-ethylene co­ water. polymers. oxide) in or on raw agricultural (ii) n-Heptane. Reagent grade, freshly commodities as follows : The vinyl chloride-ethylene copoly­ distilled n-heptane shall be used. 2 parts per million in or on apples, mers identified in paragraph (a) of this (2) Determination of total amount of apricots, artichokes, beans, broccoli, section may be safely used as compo­ extractives. All determinations shall be brussels sprouts, cabbage, cauliflower, nents of articles intended for contact done in duplicate using duplicate blanks. oelery, cherries, collards, cucumbers, egg­ with food, under condition of use D, E, F, Approximately 400 grams of sample (ac­ plants, grapes, kale, lettuce, melons, or G described In table 2 of § 121.2526(c), curately weighed) shall be placed in a mustard greens, nectarines, peaches, subject to the provisions of this section. 2-liter Erlenmeyer flask. Add 1,200 milli­ pears, peas (succulent type), peppers, (a) For the purpose of this section, liters of solvent and cover the flask with pineapples, plums, primes, pumpkins, vinyl chloride-ethylene copolymers con­ spinach, strawberries, summer squash,. aluminum foil. The covered flask and sist of basic copolymers produced by the contents are suspended in a thermostated sunflower seed, tomatoes, turnip greens, copolymerization of vinyl chloride and bath and are kept, with continual shak­ watercress, and winter squash. ethylene such that the finished basic ing at 150° F. for 2 hours. The solution ***** copolymers meet the specifications and is then filtered through a No. 42 What­ Any person who will be adversely extractives limitations prescribed in man filter paper, and the filtrate is col­ affected by the foregoing order may at paragraph (c) of this section, when lected in a graduated cylinder. The total any time within 30 days from the date tested by the methods described in para­ amount of filtrate (without washing) is of its publication in the Federal R egis­ graph (d) of this section. measured and called A milliliters. The ter file with the Hearing Clerk, EJepart- (b) The basic vinyl chloride-ethylene filtrate is transferred to a Pyrex (or ment of Health, Education, and Welfare, copolymers identified in paragraph (a) equivalent) beaker and evaporated on a Room 5440, 330 Independence Avenue of this section may contain optional ad­ steam bath under a stream of nitrogen SW., Washington, D.C. 20201, written juvant substances required in the pro­ to a small volume (approximately 50-60 objections thereto, preferably in quin- duction of such basic copolymers. The milliliters). The concentrated filtrate is tuplicate. Objections shall show wherein optional adjuvant substances required in then quantitatively transferred to a the person filing will be adversely the production of the basic vinyl chlo­ tared 100-milliliter Pyrex beaker using affected by the order and specify with ride-ethylene copolymers may include small, fresh portions of solvent and a particularity the provisions of the order substances permitted for such use by reg­ rubber policeman to effect the transfer. deemed objectionable and the grounds ulations in this Part 121, substances gen­ The concentrated filtrate is evaporated ior the objections. If a hearing is re­ erally recognized as safe in food, and almost to dryness on a hotplate under quested, the objections must state the substances used in accordance with a nitrogen, and is then transferred to a issues for the hearing. A hearing will be prior sanction or approval. drying oven at 2309 F. in the case of the granted if the objections are supported (c) The vinyl chloride-ethylene basic aqueous extract or to a vacuum oven at y grounds legally sufficient to justify copolymers meet the following specifica­ 150° F. in the case of the heptane extract. ne relief sought. Objections may be ac­ tions and extractives limitations: In the case of the aqueous extract, the companied by a memorandum or brief (1) Specifications, (i) Total chlorineevaporation to constant weight is com­ m support thereof. content is in the range of 53 to 56 percent pleted in 15 minutes at 230° F.; and in

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5102 RULES AND REGULATIONS the case of heptane extract, it is overnight under vacuum at 150° F. The residue Effective date. This order shall become is weighed and corrected for the solvent blank. Calculation: effective on the date of its publication in the F ederal R egister. Grams of corrected residue 1,200 milliliters (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. ______x ------— —X 100=Total extractives ex- 348(c)(1)) Grams of sample Volume of filtrate A in milliliters pressed as percent by weight of sample. Dated: March 5,1969. R. E. D ijggan, (3) Vinyl chloride-ethylene copolymerwashings are collected in a 1,500-milli- Acting Associate Commissioner content of aqueous extract—(i) Prin­ liter beaker. The solution is evaporated for Compliance. ciple. The vinyl chloride-ethylene co­ carefully on a steam plate to a volume of [F.R. Doc. 69-2944; Filed, Mar. 11, 1969; polymer content of the aqueous extract approximately 50 milliliters and then 8:45 a.m.] can be determined by determining the transferred quantitatively, a little at a organic chlorine content and calculating time, to a clean 22-milliliter Parr cup, the amount of copolymer equivalent to also on the steam plate. The solution is the organic chlorine content. evaporate^ to dryness. Next 0.25 gram of Title 47— TELECOMMUNICATION (ii) Total organic chlorine content. sucrose and 0.5 gram of benzoic acid are Chapter I— Federal Communications A weighed sample of approximately 400 added to the cup. One scoop (approxi­ Commission grams is extracted with 1,200 milliliters mately 15 grams) of sodium peroxide is of water at 150° F. for 2 hours, filtered, then added to the cup. The bomb is as­ [Docket No. 18305; FCC 69-209] and the volume of filtrate is measured sembled and ignition is conducted in the PART t— p r a c t ic e a n d pro ced u re (A milliliters) as described in subpara­ usual fashion. graph (2) of this paragraph. id) After the bomb has cooled, it is Assignment and Transfer of Construc- (a) A slurry of Amberlite IRA-400, or rinsed thoroughly with distilled water tion Permits for New Broadcast equivalent, is made with distilled water and disassembled. The top of the bomb Stations in a 150-milliliter beaker. The slurry is is rinsed into a 250-milliliter beaker with added to a chromatographic column distilled water. The beaker is placed on Report and order. In the matter of as­ until it is filled to about half its length. the steam plate. The bomb cup is placed signment and transfer of construction This should give a volume of resin of in the beaker and carefully tipped over permits for new broadcast stations. (Sec­ 15-25 milliliters. The liquid must not be to allow the water to leach out the com­ tion 1.597 of the Commission’s rules); allowed to drain below the top of the bustion mixture. After the bubbling has Docket No. 18305. stopped, the cup is removed from the 1. In a notice of proposed rule making, packed column. released September 4,1968 (FCC 68-889), (b) The column is regenerated to the beaker and rinsed thoroughly.' The solu­ tion is cooled to room temperature and the Commission proposed to adopt rules basic (OH) form by slowly passing containing limitations on assignments through it (10-15 milliliters per minute) cautiously neutralized with concentrated nitric acid by slowly pouring the acid and transfers involving construction per­ 10 grams of sodium hydroxide dissolved mits for new standard, FM and television in 200 milliliters of water. The column down a stirring rod until the bubbling ceases. The solution is cooled and an broadcast stations which have not yet is washed with distilled water until the commenced broadcast operations. effluent is neutral to phenolphthalein.# equal volume of acetone is added. (e) The solution is titrated with 0.005 2. Construction permits for new One drop of methyl red indicator is added standard, FM and television broadcast to the A milliliters of filtered aqueous H silver nitrate using standard potentio- metric titration techniques with a silver stations are granted only to qualified ap­ extract and, if on the basic side (yellow), plicants who have the capacity and bona nitric acid is added drop by drop until electrode as indicator and a potassium nitrate modified calomel electrode as a fide intention to place the proposed sta­ the solution turns pink. tion on the air and to render the pro­ (c) The extract is deionized by pass­ reference electrode. An expanded scale recording titrimeter, Metrohm Potentio- posed broadcast service. In making such ing it through the exchange column at graph 2336 or equivalent, should be used; grants, the Commission relies, among a rate of 10-15 milliliters per minute. The a complete blank must be run in dupli­ other things, upon the applicant’s show­ column is washed with 200 milliliters of cate. ings of such capacity and intention. If distilled water. The deionized extract and (iii) Calculations. unforeseen circumstances later prevent the holder of a construction permit from r x f x 64.3 putting the proposed station on the air, Milligrams of aqueous extracted copolymer per 100-gram sample= ------the Commission, if it finds that the pub­ Weight of sample in grams lic interest would be served thereby, may X 100. consent to the assignment of the con­ T —Milliliters of silver nitrate (sample minus blank) X normality of silver nitrate. struction permit or transfer of control 1,200 of the permit holder to a new applicant F = which is prepared to build and operate A (as defined above) the proposed station. 3. The new rules adopted herein seek (e) The vin yl chloride-ethylene with the Hearing Clerk, Department of to preclude trafficking in construction copolymers identified in and complying Health, Education, and Welfare, Room permits for unbuilt stations by barring with this section, when used as compo­ 5440, 330 Independence Avenue SW., the use of such permits as a means of nents of the food-contact surface of any Washington, D.C. 20201, written objec­ obtaining financial gain from their article that is the subject of a regulation tions thereto, preferably in quintuplicate. transfer before the original grantee in this Subpart F, shall comply with any Objections shall show wherein the per­ builds and operates the station. They in specifications and limitations prescribed son filing will be adversely affected by the part codify existing policies, and supple­ by such regulation for the article in the order and specify with particularity the ment the provisions of paragraph (a) finished form in which it is to contact provisions of the order deemed objec­ through (d) of § 1.597 of the rules (which food. tionable and the grounds for the objec­ generally require the permittee to pro­ (f) The provisions of-this section are tions. If a hearing is requested, the ob­ vide at least 3 years of broadcast serv­ not applicable to vinyl chloride-ethylene jections must state the issues for the ice, once station operation has started) • copolymers used as provided in hearing. A hearing Will be granted if the Under the new rules the permittee of an §§ 121.2520 and 121.2571. objections are supported by grounds unbuilt station may retain an equity Any person who will be adversely af­ legally sufficient to justify the relief interest, after the transfer, if he m eets fected by the foregoing order may at any sought. Objections may be accompanied stated requirements for contributing that time within 30 days from the date of its by a memorandum or brief in support share of the station’s capital which is publication in the F ederal R egister file thereof. proportionate to his equity.

FEDERAL REGISTER, V O L 34, NO. 48-^-WEDNESDAY, MARCH 12, 1969 RULES AND REGULATIONS 5103

4. No oppositions were filed. Storer mation relied upon to show that they must include a showing of the antici­ Broadcasting Co., in the sole comment represent legitimate and prudent outlays pated capital needs of the station received, suggested that the requirement made solely for the allowable purposes. through the first year of its operation, that assignors or transferors retaining a 9. New paragraph (f) of § 1.597 de­ and of the seller’s financial capacity to partial interest in the station make capi­ clares that whenever the seller retains comply with the foregoing requirements. tal contributions proportionate to their an interest in the station or enjoys any It provides also that the Commission equity be revised to make clear that the of the other kinds of benefits mentioned will determine, from its review of the ap­ requirement applies to loan capital as in the previous paragraph, the question plications, whether a hearing is neces­ well as to equity capital. The rules is raised as to whether the transaction sary to insure compliance; states that adopted herein so provide. involves actual or potential gain to the compliance will be subject to review by 5. The new rules adopt the essence of seller over and above reimbursement of the Commission at any time; and calls thé rules as proposed. Their text has been the expenses allowable under paragraph for reports to the Commission enabling further developed to make clear the in­ (e), and states that in such cases the it to ascertain compliance. tent of the more generally worded pro­ Commission will designate the assign­ 12. Subparagraph (4) of new para­ posed text, and to add procedural ment or transfer for evidentiary hearing. graph (f) provides that evidentiary hear­ provisions. 10. There are certain exceptions to the ings will be held in all cases in which the 6. New paragraph (e) of § 1.597 opens above-mentioned mandatory hearing re­ seller of an unbuilt station has an option with definitions of the terms “unbuilt quirement. Retained interests will not to acquire equity interest or to increase station” and “seller”, which are appli­ automatically require a hearing, if, dur­ a retained equity interest, and wherever cable to those terms wherever they are ing the period ending one year after the there is provision, under options or used in the new paragraphs (e) and (f) issuance of Program Test Authority, the otherwise, for the subsequent acquisition of § 1.597. For the purposes of these rules, seller with a retained interest partici­ of the seller’s retained or subsequently “unbuilt station” refers to any standard, pates in the provision of capital for the acquired equity interests in the station. FM, or television broadcast station for station to the full extent which is pro­ 13. For the reasons discussed and un­ which a construction permit has been portionate to the seller’s equity share in der authority conferred by section 4 (i) granted, but for which Program Test Au­ the station. Equity capital,,loan capital, and (j), 303 (r), and 310(b) of the Com­ thority has not been issued. The term or guarantees put up by the seller prior munications Act of 1934, as amended: thus includes reference to a station on to the assignment or transfer may be It is ordered, That, effective April 14, which construction may have com­ taken into account in determining the 1969, § 1.597 of the Commission’s rules menced, but which has not been author­ seller’s compliance with these conditions, is amended by the adoption of new para­ ized to commence operation under Pro­ which will be satisfied: graphs (e) and (f) as set out below. gram Test Authority. The term “seller” (i) In the case of equity capital: By includes the assignor(s) of a construc­ paid-in cash capital contributions pro­ 14. It is further ordered, That this pro­ tion permit for an unbuilt station, the portionate to the seller’s equity share; ceeding is terminated. transferors) of control of the holder of (ii) In case's where any person who (Secs. 4, 303, 310, 48 Stat., as amended, 1066, such construction permit, and any prin­ has an equity interest in the permittee 1082, 1086; 47 U.S.C. 154, 303, 310) cipal of such assignor (s) or transferor (s) provides loan capital: By the seller’s pro­ Adopted: March 5,1969. who retains or later acquires an interest vision of that part of the total loan capi­ in the permittee. The use of these terms tal provided by equity holders which is . Released: March 6,1969. conveniently avoids the necessity for re­ proportionate to the seller’s equity F ederal Communications petitious verbiage in the operative por­ share; and tions of the new rules. Commission,1 7. New paragraph (e) of 1 1.597 goes (iii) In cases where any person co­ [seal] B en F. W aple, on to state that the Commission will not signs or otherwise guarantees payments Secretary, consent to the assignment of permit or under notes given for loan capital pro­ Section 1.597 of the Commission’s rules transfer of control of an unbuilt station vided by nonequity holders: By similar is amended by the addition of new para­ if the agreements or understandings be­ guarantees by the seller covering that graphs (e) and (f) reading as follows: tween the parties provide for or permit part of such payments as is propor­ tionate to the seller’s equity share: Pro­ § 1.597 Procedures on transfer and as­ payment to the seller of a sum in the ex­ signment applications. cess of the aggregate amount clearly vided, That this condition shall not be shown to have been legitimately and pru­ deemed to be met if the guarantees given * * * * * dently expended, and to be expended, by by persons other than the seller cover, (e) (1) As used in paragraphs (e) and the seller solely for preparing, filing, and individually or collectively, a larger por­ (f) of this section: advocating the grant of the construction tion of such payments than the ratio of (1) “Unbuilt station” refers to a stand­ permit for the station, for proceeding the combined equities of persons other ard, FM or television broadcast station with construction of the station, and than, the seller to the total equity. for which a construction permit is out­ for other steps reasonably necessary The proviso in subdivision (iii) is in­ standing, and, regardless of the stage toward placing the station in operation. tended to insure observance of the prin­ of physical completion, for which Pro­ 8. Paragraph (e) next provides, in ciple that the seller participate—propor­ gram Test Authority has not been issued. subparagraph (3), that ■ applicants for tionately to his equity share—in the (ii) “Seller” includes the assignor(s) consent to the assignment of permit or provision of loan guarantees. Without it, of a construction permit for an unbuilt transfer of control shall, in the case of the intention of proportionate participa­ station, the transferor (s) of control of unbuilt stations, file declarations that— tion by the seller could be nullified by the holder of such construction permit, except as clearly disclosed in detail in cosignatures or other forms of guar­ and any principal of such assignor(s) or the applications—there are no agree­ antees by other equity holders covering transferor (s) who retains an interest in ments, arrangements, or understandings ' the entire amount of a loan of sums to the permittee or acquires or reacquires ior reimbursement of the seller’s ex­ be used for station capital, even if the such interest within 1 year after the is­ penses or for other payments to the seller additionally guaranteed a portion suance of Program Test Authority. seller, for the seller’s retention of any of the loan. The seller, while not obliged (2) The Commission will not consent terest in the station, or for options or to match, proportionately, loan capital to the assignment or transfer of control mr any other means by which the seller furnished by banks or other persons who of the construction permit of an unbuilt ay acquire such an interest, or for any are not equity holders, will be required to station if the agreements or understand­ other actual or potential benefit to the participate, in the proportion of his ings between the parties provide for, or *he form of loans, the subsequent equity interest, in the furnishing of guar­ permit, payment to the seller of a sum in Pt^hase of the seller’s retained inter- antees covering payments of interest or excess of the aggregate amount clearly r. ’or otherwise. It is also required that, principal under loans obtained from shown to have been legitimately and pru­ ma«*6 sel^er *s to receive reimburse- such other sources. dently expended, and to be expended, inrii?,* ex**nses, the applications shall 11. Subparagraph (3) of new para­ by the seller solely for preparing, filing, PvnT«6 anL ltemized accounting of the graph (f) of § 1.597 provides that the expenses, together with factual infor­ assignee’s or transferee’s application 1 Commissioner Bartley absent.

No, 48----- 2 FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5104 RULES AND REGULATIONS and advocating the grant of the con­ (iii) In cases where any person co­ PART 2— FREQUENCY ALLOCATIONS struction permit for the station, and for signs or otherwise guarantees payments AND RADIO TREATY MATTERS; other steps reasonably necessary toward under notes given for loan capital pro­ GENERAL RULES AND REGULA­ placing the station in operation. vided by nonequity holders: By similar TIONS (3) (i) Applications for consent to theguarantees by the seller covering that assignment of construction permit or part of such payments as is proportionate Call Signs and Other Forms of transfer of control shall, in the case of to the seller’s equity share: Provided, Identifying Radio Transmissions unbuilt stations, be accompanied by That this condition shall not be deemed declarations both by the assignor (or to be met if the guarantees given by Order. In the matter of editorial revi­ transferor) and by the assignee (or persons other than the seller cover, in­ sion of Subpart D of Part 2, rules and transferee) that—except as clearly dis­ dividually or collectively, a larger por­ regulations. closed in detail in the applications— tion of such payments than the ratio of 1. The revision of Subpart D of Part 2 there are no agreements, arrangements, the combined equities of persons other of the rules and regulations set forth be­ or understandings for reimbursement of than the seller to the total equity. low to this order conforms the provisions the seller’s expenses or other payments (3) In cases which are subject to theof the subpart with international agree­ to the seller, for the seller’s retention of requirements of subparagraph (2) (i), ments, with other provisions of the rules any interest in the station, for options (ii), and (iii) of this paragraph: and regulations, and with established or any other means by which the seller practices relating to the assignment of (i) The assignee’s (or transferee’s) call signs and the identification of sta­ may acquire such an interest, or for any application shall include a showing of the other actual or potential benefit to the tions. Primarily, the changes involve list­ anticipated capital needs of the station ing additional classes of stations and call seller in the form of loans, the subsequent through the first year of its operation repurchase of the seller’s retained in­ sign blocks, and forms of identification and the seller’s financial capacity to which may be used in lieu of call signs terest, or otherwise. comply with the above requirements, in (ii) When the seller is to receive reim­ by certain classes of stations. the light of such anticipated capital 2. Authority for the amendments set bursement of his expenses, the applica­ needs. tions of the parties shall include an forth below is contained in sections 4(i), (ii) The Commission will determine 5(d), 303 (o), and 303 (r) of the Com­ itemized accounting of such expenses, from its review of the applications together with such factual information munications Act of 1934, as amended, 47 whether a hearing is necessary to ensure U.S.C. 154(i), 155(d), 303(o), and 303 as the parties rely upon for the requisite compliance with the above requirements. showing that those expenses represent (r), and § 0.261(a) of the rules and reg­ legitimate and prudent outlays made (iii) Compliance with the above re­ ulations, 47 CFR 0.261(a). Because the solely for the purposes allowable under quirements will be subject to review by amendments are editorial in nature, the subparagraph (2) of this paragraph. the Commission at any time, either when notice and effective date provisions of (f) (1) Whenever an agreement for the considering subsequently filed applica­ section 4 of the Administrative Proce­ assignment of the construction permit of tions or whenever the Commission may dure Act, 5 U.S.C. 553, are inapplicable. an unbuilt station or for the transfer of otherwise find it desirable. 3. In view of the foregoing: It is or­ control of the permittee of an unbuilt (iv) Within 30 days after any time dered, Effective March 12, 1969, that station, or any arrangement or under­ when a seller is required to provide equity Part 2 of tiie rules and regulations is standing incidental thereto, provides for or loan capital or execute guarantees, amended as set forth below. the retention by the seller of any interest the permittee shall furnish the Comission (Secs. 4, 5, 303, 48 Stat. as amended, 1066, in the station, or for any other actual or a written report containing sufficient de­ 1068, 1082; 47 U.S.C. 154, 155, 303) potential benefit to the seller in the tails as to the sources and amounts of form of loans or otherwise, the question equity capital paid in, loan capital made Adopted: March 3,1969. available, or guarantees obtained as to is raised as to whether the transaction Released : March 6,1969. involves actual or potential gain to the enable the Commission to ascertain com­ seller over and above the legitimate and pliance with the above requirements. F ederal Communications prudent out-of-pocket expenses allow­ (v) No steps shall be taken by the Commission, » able under paragraph (e) (2) of this permittee to effectuate arrangements for [seal] Ben F. Waple, section. In such cases the Commission the provision of equity or loan capital Secretary. will designate the assignment or trans­ from sources not previously identified fer applications for evidentiary hearing: and disclosed to the Commission, until In Part 2 of Chapter I of Title 47 of Provided, That a hearing is not manda­ 30 days after the permittee has filed with the Code of Federal Regulations, Sub­ tory in cases coming within subpara­ the Commission a report of such ar­ part D is revised to read as follows: graph (2) of this paragraph. rangements and of provisions made for Subpart D— Call Signs and Other Forms of (2) It is not intended to forbid thethe seller’s compliance with the above Identifying Radio Transmissions seller to retain an equity interest in an requirement. Sec. unbuilt station which he is transferring (vi) Subdivisions (iv) and (v) of this 2.301 Station identification requirement. or assigning if the seller obligates him­ subparagraph shall cease to apply 1 2.302 Call signs. self, for the period ending 1 year after year after th$ issuance of Program Test 2.303 Other forms of identification of sta­ the issuance of Program Test Authority, Authority. ’ tions. to provide that part of the total capital (4) Applications subject to this para­ Authority : The provisions of this Subpart made available to the station, up to the graph (f) will, in any event, be desig­ D issued under secs. 4, 5, 303, 48 Stat., as end of that period, which is proportion­ nated for evidentiary hearing in any amended, 1066, 1068, 1082; 47 U.S.C. 154, 155, ate to the seller’s equity share in the per­ case where the agreements, arrange­ 303. mittee, taking into account equity capi­ ments or understandings with the seller tal, loan capital, and guarantees of Subpart D— Call Signs and Other provide for the seller’s option to acquire Forms of Identifying Radio Trans­ interest and amortization payments for equity in the station or to increase equity loan capital provided by the seller before interests he retains at the time of the as­ missions the transfer or assignment. This condi­ signment or transfer of control. An evi­ § 2.301 Station identification require­ tion will be satisfied: ment. (i) In the case of equity capital: By dentiary hearing will similarly be held paid-in cash capital contributions pro­ in any case in which the assignee(s), Each station using radio frequencies portionate to the seller’s equity share; transferee(s) or any of their principals, shall identify its transmissions accord­ (ii) In cases where any person who or any person in privity therewith, has ing to the procedures prescribed by the has an equity interest in the permittee an option to purchase all or part of the rules governing the class of station to provides loan capital: By the seller’s which it belongs with a view to the elimi­ seller’s retained or subsequently ac­ nation of harmful interference and the provision of that part of the total loan quired equity interests in the station. capital provided by equity holders as general enforcement of applicable radio which is proportionate to the seller’s [F.R. Doc. 69-2986; Filed, Mar. 11, 1969; treaties, conventions, regulations, ar- equity share; and 8:48- am .] rangements, and agreements in force, FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 and the enforcement of the Communica­ same licensee for the same location, the tions Act of 1934, as amended, and the Commission will assign a separate call Class of station Composition of call sign Call sign blocks Commission’s rules. sign to each station in a different class. (In addition to the U.S. call sign alloca­ Broadcasting with suffix “TV"...... 6 letters 2 (plus location of station)... KAAA-TV through KZZZ- § 2.302 Call signs. TV. tions listed below, call sign blocks AAA WAAA-TV through WZZZ- The table which follows indicates the through AEZ and ALA through ALZ have TV. composition and blocks of international Television broadcast translator...... 1 letter—output channel number—2 K02AA through K83ZZ. been assigned to the Department of the letters. W02AA through W83ZZ. call signs available for assignment when Army; call sign block AFA through AKZ Disaster station, except U.S. Government... 4 letters, 1 digit...... KAAA2 through KZZZ9. such call signs are required to be trans­ WAAA2 through WZZZ9. has been assigned to the Department of Experimental (letter “X” follows the digit).. 2 letters, 1 digit, 3 letters .. KA2XAA through KZ9XZZ. mitted for station identification by the the Air Force; and call sign block NAA WA2XAA through WZ9XZZ. rules pertaining to particular classes of through NZZ has been assigned jointly Amateur (letter “X ” may not follow digit).. 1 letter, 1 digit, 2 letters *.. K1AA through K0ZZ. stations. When stations operating in two W1AA through W0ZZ. to the Department of the Navy and the Do— ...... 1 letter, 1 digit, 3 letters *.. K1AAA through K0ZZZA. or more classes are authorized to the U.S. Coast Guard.) W1AAA through W0ZZZ. Do...... 4...... I...... 2 letters, 1 digit, 2 letters *. KA1AA through KZ0ZZ. WA1AA through WZ0ZZ. Class of station Composition of call sign Call sign blocks Do...... 2 letters, 1 digit, 3 letters *. KA1AAA through KZ0ZZZ. WA1AAA through WZ0ZZZ. Standard frequency...... ' WWV, WWVB through WWVI, Coast (Classes I and II) except for coast tele­ 3 letters...... -----...... K*AA through KZZ. phone in Alaska. WWVL, WWVS. . . .. „ .. WAA through WZZ. Space station...... 2 letters, 2 digits..^...... KA20 through KZ99. Coast (Class III) and maritime radiodetermi­ 3 letters, 3 digits...... KAA200 through KZZ999. nation. WA20 through WZ99. . i I. _ ,, ,, WAA200 through WZZ999. Citizens radio...... 3 letters, 4 digits...... KAA0001 through KZZ9999. Coast telephone in Alaska...... 3 letters, 2 digits...... KAA20 through KZZ99. Citizens radio in trust territories...... 1 letter, 4 digits...... K0001 through K9999. „, ,. ,, WAA20 through WZZ99. Fixed...... 3 letters, 2 digits...... KAA20 through KZZ99. j , „ WAA20 through WZZ99. N ote: The symbol 0 indicates the digit zero. Marine receiver test.;...... 3 letters, 3 digits (plus general geo- KAA200 through KZZ999. graphic location when required). WAA200 through WZZ999. 1 Ships with transmitter-equipped survival craft shall be assigned four letter call signs.

Ship telegraph...... 2 See § 2.303. REGULATIONS AND RULES 4 letters *...... j------KAAA through KZZZ. 2 A 3 letter call sign now authorized for and in continuous use by a licensee of a standard broadcasting station may D o...... j WAAAthroughWZZZ. continue to be used by that station. The same exception applies also to frequency modulation and television broad­ 2 letters, 4 digits, or 3 letters, 4 digits i. WA2000 through WZ9999, or casting stations using 5 letter call signs consisting of 3 letters with the suffix “FM” or “TV” . , , „ > descending from WZZ9999. Ship telegraph plus telephone.:...... 4 letters...... KAAA through KZZZ. 4 Plus other identifying data as may be specified. ’ WAAA through WZZZ. Ship radar...... Same as ship telephone and/or tele- WA2000 through WZ9999, or § 2.303 Other forms of identification of tion, operating agency, official registra­ * graph call sign, or, if ship has no descending from WZZ9999. stations. tion number, characteristic signal, char­ telephone or telegraph: 2 letters, 4 digits, or 3 letters, 4 digits. The following table indicates forms of acteristic of emission, or other clearly Ship survival craft...... Call sign of the parent ship followed KAAA20 through KZZZ99. identification which may be used in lieu distinguishing form of identification by 2 digits. readily, recognized internationally. Ref­ Cable-repair ship marker buoy...... Call sign of the parent ship followed WAAA20 through WZZZ99. of call signs by the specified classes of by theletters “BT” and the indenti- erence should be made to the appropri­ fying number of the buoy. stations. Such recognized means of iden­ ate part of the rules for complete infor­ Marine utility...... 2 letters, 4 digits...... KA2000 through KZ9999. tification may be one or more of the fol­ Shipyard m o b ile ...... 2 letters, 4 digits...... KA2000 through KZ9999. mation on identification procedures for Aircraft telegraph...... ” 5 letters...... KAAAA through KZZZZ. lowing: name of station, location of sta- each service. , • „ WAAAA through WZZZZ. Aircraft telegraph and telephone...... 5 letters 2...... KAAAA through KZZZZ. Class of station Identification, other than assigned call sign , WAAAA throughWZZZZ. . Aircraft telephone...... 5 letters 2 (whenever a call sign is KAAAA through KZZZZ. Aircraft (U.S. registry) tele­ Registration number preceded by the type of the air­ assigned). WAAAA through WZZZZ. phone. craft, or the radiotelephony designator of the aircraft Aircraft survival craft...... Whenever a call sign 2 is assigned, call sign of the parent aircraft fol­ operating agency followed by the flight identification lowed by a single digit other than number. 0 or 1. Aircraft (foreign registry) tele­ Aeronautical...... Foreign registry identification consisting of five characters. 3 letters, 1 digit2...... KAA2 through KZZ9. phone. This may be preceded by the radiotelephony designator WAA2 through WZZ9. Land mobile (base)...... 3 letters, 3 digits...... KAA200 through KZZ999. of the aircraft operating agency or it may be preceded WAA200 through WZZ999. by the type of the aircraft. Land mobile (mobile telegraph)...... 4 letters, 1 digit...... KAAA2 through KZZZ9. Aeronautical ______Name of the city, area, or airdrome served together with „ , WAAA2 through WZZZ9. Land mobile (mobile telephone)...... 2 letters, 4 digits...... KA2000 through KZ9999. such additional identification as may be required. ., WA2000 through WZ9999. Aircraft survival craft. Appropriate reference to parent aircraft, e.g., thè air car­ Broadcasting (standard)...... 4 letters 2 (plus location of station).. KAAA through KZZZ. rier parent aircraft flight number or identification, the WAAA through WZZZ. Broadcasting (FM )______‘ 4 letters (plus location of station)... KAAA through KZZZ. aircraft registration number, the name of the aircraft WAAA through WZZZ. manufacturer, the name of the aircraft owner, or any Broadcasting with suffix “FM”____ I_____ 6 letters 2 (plus location of station).. KAAA-FM through KZZZ- other pertinent information. FM. WAAA-FM through WZZZ- Ship telephone______When an official call sign is not yet assigned: Complete FM. name of the ship and name of licensee. On 156.65 Mc/s : Broadcasting (television)...... 4 letters (plus location of station)__ KAAA through KZZZ. Name of ship. WAAA through WZZZ. Public coast (radiotelephone) __ The approximate geographic location in a format approved See footnotes at end of table. by the Commission. 5105

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5106 RULES AND REGULATIONS

Class of station Identification, other than assigned call sign reached with affected users through in­ Fixed Geographic location. When an approved method of super­ dustry consultation. Observance of the imposed identification is used, QTT DE (abbreviated notice and effective date provisions of name of company or station). the Administrative Procedure Act (5 Fixed: Rural subscriber service- Assigned telephone number. U.S.C. 553) would accordingly serve no Land mobile: Public safety, for­ Name of station licensee (in abbreviated form if prac­ useful purpose. estry conservation, highway ticable) , or location of station, or name of city, area, 5. In view of the foregoing: It is or­ maintenance, local govern­ or facility served. Individual stations may be identified dered, That effective March 12, 1969, ment, shipyard, land trans­ by additional digits following the more general portation, and aviation serv­ identification. Part 73 of the Commission’s rules and ices. regulations are amended as set forth Land mobile : Industrial service. Mobile unit cochannel with its base station: Unit iden­ below. tifier on file in the base station records. Mobile unit not (Secs. 1, 4, 303, 48 Stat., as amended, 1064, cochannel with its base station: Unit identifier on file 1066, 1082, 47 U.S.C. 151, 154, 303; E.O. 11092 in the base station records and the assigned call sign Feb. 26,1963) of either the mobile or base station. Temporary base station: Unit designator in addition to base station Adopted: March 5,1969. identification. Released: March 6,1959. Land mobile: Domestic public Special mobile unit designation assigned by licensee or and rural radio. by assigned telephone number. F ederal Communications Land mobile: Railroad radio Name of railroad, train number, caboose number, engine Commission,1 service. number, or name of fixed wayside station or such other [seal] B en F. Waple, number or name as may be specified for use of railroad Secretary. employees to identify a specific fixed point or mobile unit. A railroad’s abbreviated name or initial letters 1. Section 73.961(c) is amended.to read may be used where such are in general usage. Unit as follows: designators may be used in addition to the station § 73.961 Tests o f the Emergency Action identification to identify an individual unit or trans­ Notification System. mitter of a base station. * * * s|i * Land mobile: Broadcasting (re­ Identification of associated broadcasting station. mote pickup). (c) Test transmissions of the Third Broadcasting (Emergency State and operational area identification. Method of the Emergency Action Notifi­ Broadcast System). cation System will be conducted by Broadcasting (aural STL and Call sign of the broadcasting station with which it is standard, FM, and television broadcast intercity relay). associated. stations once each week on a random Broadcasting (television auxil­ Call sign of the TV broadcasting station with which it is basis between the hours of 8:30 a.m. and iary) . licensed as an auxiliary, or call sign of the TV broad­ local sunset. Noncommercial educational casting station whose signals are being relayed, or by FM broadcast stations with a transmitter network identification. output of 10 watts or less are not re­ Broadcasting (television Retransmission of the call sign of the primary station. booster). quired to conduct these tests. The Blue Disaster station— ------By radiotelephony: Name, location, or other designation Card, identified as Third Method EAN of station when same as that of an associated station Tests, which has been furnished to all in some other service. Two or more separate units of a standard, FM, and television broadcast station operated at different locations are separately stations, sets forth details of these test identified by the addition of a unit name, number, or transmissions. other designation at the end of its authorized means of 2. In § 73.962, paragraph (a) is identification. amended to read as follows, paragraphs Amateur (RACES) Tactical call signs. When two or more separate units of a (b), (c), and (d) are renumbered (c), station authorized to operate in the Radio Amateur (d), and (e), respectively, and new para­ Civil Emergency Service are operated independently at graph (b) is added, reading as follows: different locations, each unit shall separately identify itself by the addition of a unit number at the end of § 73.962 Tests of approved interconnect­ its call sign. ing systems and facilities. [F.R. Doc. 69-2919; Filed, Mar. 11, 1969; 8:45 a.m.] (a) National program distribution in­ terconnecting systems and facilities (the [FCC 69-210] paragraph to changes in the Third total NIAC Order No. 1 program distribu­ Method EAN test procedures adopted tion facilities) will be tested on a sched­ PART 73— RADIO BROADCAST December 18,1968 (FCC 68-1221). More­ SERVICES uled basis. This test consists of a closed over, the schedule for testing program circuit transmission from 12:40 to 12:50 Alignment of Emergency Action Noti­ distribution and interconnecting systems p.m., Washington, D.C., time on the first and facilities, as set forth in § 73.962(a) Wednesday of every odd-numbered fication Test Procedures With Cur­ of the rules, should be shifted from a rent Industry Practices and Recom­ month except when such a Wednesday monthly to a bimonthly basis in line is a national holiday, then the test is mendations with recommendations received from conducted on the following day. Due to Order. In the matter of amendment of Working Group IV of the Broadcast varying program scheduling of the com­ Part 73 of the Commission’s rules to Services Subcommittee (NIAC), in which the Commission has concurred. Finally, mercial radio broadcast networks in­ align Emergency Action Notification volved, the individual network facilities (EAN) test procedures with current in­ the same paragraph should be up-dated dustry practices and recommendations. to refer to the New York control office shall remain as separate entities for these 1. The Commission has reviewed the of the UPI Audio Network in connection tests. The audio networks associated with First, Second, and Third Method EAN with closed circuit testing. the video networks of ABC-TV, CBS-TV, test procedures outlined in §§ 73.961 and 3. Authority for the adoption of the or NBC-TV shall not be utilized nor are 73.962 of the rules, in light of recent rec­ amendments herein ordered is contained the telephone, companies authorized to ommendations of the National Industry in sections 1, 4(i), and 303(r) of the Communications Act of 1934, as add any of the unaffiliated stations par­ Advisory Committee (NIAC). ticipating in the Emergency Broadcast 2. On the basis of this review, it has amend«!, and Executive Order 11092.» been determined that the word “ran­ 4. The rule revisions contained in this System (EBS). The American Telephone dom” should be substituted for the word order are primarily editorial in nature, “unscheduled” appearing in § 73.961(c) impose no new substantive requirements, 1 Commissioner Bartley absent; Commis­ of the rules, thereby conforming that and only reflect decisions already sioner Wadsworth abstaining from voting.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 RULES AND REGULATIONS 5107 and Telegraph Co. is authorized to in­ ported in the 1960 U.S. Census. This de­ amending the Table by adding Channel terconnect the facilities of the Inter­ cision disposes of all the above-listed 270 at Bottineau, N. Dak., and Channel mountain (IMN) Radio Network and the petitions, except RM-1335, Porterville, 239 at Scobey, Mont. It is expected that New York control office of the UPI Audio Calif., and RM-1339, Rhinelander, Wis., prospective applicants for either com­ Network to any one of the nationwide which will be the subject of a future1 munity will file for facilities at least commercial radio broadcast networks for report and order. equivalent to that on which the “white the duration of these closed circuit tests, 2. RM-1338 and RM-1347. Bottineau, area” showings by petitioners were based. then remove such interconnections. N .Dak., and Scobey, Mont. In response 5. RM-1351. Humboldt, Iowa. The (b) Closed circuit tests of technical to two separate petitions, the notice in­ notice invited comments on a petition program origination and distribution vited comments on one filed on June 24, filed on September 24, 1968, by Stephen channels associated with NIAC Orders 1968, by Bottineau Broadcasting Corp., Dunkel, Ames, Iowa, looking toward the No. 2 through No. 63 will be con­ requesting assignment of Channel 270 assignment of a first FM channel, 249A, ducted when considered desirable and to Bottineau, N. Dak., and a second filed .to Humboldt, Iowa. Humboldt, with a when advance coordinated arrangements by Larry C. Bowler on August 16, 1968, population of 4,301 persons, is the largest and voluntary agreement are accom­ for assignment of Channel 239 to Scobey, community of Humboldt County, popula­ plished among the White House Com­ Mont. Both communities are located tion 13,156. There are no existing AM or munications Agency, the nationwide within 16 miles of the United States- FM assignments in Humboldt County. In commercial radio broadcast networks Canadian border and each is the largest our opinion, Humboldt warrants a first and the American Telephone and Tele­ community and county seat of its respec­ local FM outlet, and so we are assigning graph Co. tive county. Bottineau has a population Channel 249A, as proposed. * * * * * of 2,613 persons and Scobey a popula­ 6. Authority for the adoption of the [F.R. Doc. 69-2987; Filed, Mar. 11, 1969; tion of 1,726. There are no AM or FM amendments adopted herein is con­ 8:48 a.m.] assignments in the county of either tained in sections 4(i), 303, and 307(b) community. of the Communications Act of 1934, as 3. Both of the petitions were sup­ [Docket No. 18389; FCC 69-208] amended. ported by engineering showings indi­ 7. In accordance with the determina­ part 73— RADIO BROADCAST cating that substantial “white areas” tions made above: It is ordered, That SERVICES would be covered within the 1 mv/m effective April 14, 1969, § 73.202 of the contours provided by Class C facilities as Commission’s rules, the FM Table of Table of Assignments; Bottineau, compared with that obtainable from Assignments, is amended to read, insofar N. Dak., et al. maximum allowable Class A facilities. The showings were based upon actual as the communities named are con­ First report and order. In the matter power and antenna height each peti­ cerned, as follows: of amendment of § 73.202 Table of as­ Channel tioner anticipates applying for if the City No. signments, PM Broadcast Stations (Por­ proposed channels are adopted. A num­ Iowa: terville, Calif., Bottineau, N. Dak., Rhine­ ber of comments were filed by interested Humboldt ______249A lander, Wis., Scobey, Mont., and Hum­ parties in support of the Class C assign­ Montana: boldt, Iowa); Docket No. 18389, RM- ment to Bottineau. The Scobey peti­ Scobey______239 1335, RM-1338, RM-1339, RM-1347, tioner filed comments stating that it North Dakota: RM-1351. would promptly file an application for Bottineau______270 1. The Commission has before it forthe requested assignment if adopted. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, consideration its notice of proposed rule There were no oppositions. 1082, 1083; 47 U.S.C. 154, 303, -307) making, issued in this proceeding on 4. As we stated in the notice to this Adopted: March 5,1969. November 29, 1968 (FCC 68-1147), and proceeding, communities of the limited published in the F ederal R egister on size under consideration here would ordi­ Released: March6,1969. December 4, 1968 (33 F.R. 18048), pro­ narily be limited to Class A channel as­ F ederal Communications posing a number of changes in the FM signments. However, in view of the •* Commission,1 Table of Assignments advanced by var­ sparsely populated areas that petitioners [seal] B en F. W aple, ious interested parties. A number of com­ have shown would be provided with a Secretary. ments were filed and considered in mak­ first FM service (“white area”), we are [F.R. Doc. 69-2988; Filed, Mar. 11, 1969; ing the following determinations. Except of the opinion that it would serve the 8:49 a.m.] as noted, the proposals were unopposed. public interest to adopt the proposed All populations referred to are those re- Class C assignments. We are, therefore, 1 Commissioner Bartley absent.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5108 Proposed Rule Making

than in the definitions of distributing 2. Pricing series to be used in deter­ DEPARTMENT OF AGRICULTURE plant and supply plant. mining the Class II price of the Okla­ The Oklahoma Metropolitan order homa Metropolitan and Neosho Valley Consumer and Marketing Service presently requires that a distributing orders. In lieu of the “three-product” plant dispose of 50 percent of its receipts manufacturing price series, the Okla­ 17 CFR Parts 1071, 1104, 1106 3 of inspected milk from dairy farmers homa Metropolitan Class II price should [Docket Nos. AO-227-A23, AO-298-A15, AO- and of Grade A milk from other pool use the average price for milk for manu­ 210-A2 7 J plants as Class I milk on routes if it is facturing purposes f.o.b. plants, United MILK IN NEOSHO VALLEY, RED RIVER to be a pool plant. The principal pro­ States adjusted to a 3.5 percent butterfat ducers’ organization supplying the mar­ basis by the Class H butterfat differen­ VALLEY, AND OKLAHOMA METRO­ ket proposed that the 50 percent require­ tial of the order. No change should be POLITAN MARKETING AREAS ment specify' ohly disposition as Class I made on the basis of this record in the Decision on Proposed Amendments to milk without requiring that such disposi­ seasonal 10-cent-per-hundredweight re­ tion be on routes. No testimony was of­ duction applicable to milk, skim milk and Tentative Marketing Agreements fered in opposition to this proposal. cream used in the manufacture of Amer­ and to Orders Pending the opportunity to consider the ican cheese, butter and nonfat dry milk. Pursuant to the provisions of the Agri­ proposal at this hearing the “on route” The Class II price of the Neosho Valley cultural Marketing Agreement Act of requirement has been suspended since order should be the basic formula price 1937, as amended (7 U.S.C. 601 et seq.), December. for the month. and the applicable rules of practice and For the months of May through August The Oklahoma Metropolitan and Neo­ procedure governing the formulation of 1968, a Tulsa plant which had been sho Valley orders each use as a Class H marketing agreements and marketing pooled since 1950 under the Oklahoma price determinant the average price re­ orders (7 CFR Part 900), a public hear­ Metropolitan order or its predecessors ported by the Department for the cur­ ing was held at Tulsa, Okla., on Janu­ operated as a partially regulated plant rent month for milk used in the man­ ary 9, 1969, pursuant to notice thereof under the terms of the order. During this ufacture of American cheese, evaporated issued on December 30,1968 (34 F.R. 78). period this plant apparently failed to milk and butter, and byproducts, f.o.b. Upon the basis of the evidence intro­ dispose of 50 percent of its receipts as plants, United States. The Class n price duced at the hearing and the record Class I milk on routes. At the same time of the Red River Valley order is deter­ thereof, the Deputy Administrator, Reg­ it moved bulk milk to plants operated un­ mined by that of the Oklahoma Metro­ ulatory Programs, on February 10, 1969 der other orders by the same handler. politan order. The Statistical Reporting (34 F.R. 2115; F.R. Doc. 69-1856) filed Proponents believe that had the Class I Service of the Department has an­ with the Hearing Clerk, U.S. Department use of these shipments been considered nounced that the “three-product” price of Agriculture, his recommended decision the plant would have been pooled in these series will be discontinued after an­ containing notice of the opportunity to months. nouncement of the price for March 1969. file written exceptions thereto. When the plant is not pooled under the Although the same price series is used The material issues, findings and con­ Oklahoma Metropolitan order not only in each of the orders the resulting price clusions, rulings, and general findings of its sales in that marketing area but also at the common 3.5 percent basic butter­ the recommended decision (34 F.R. 2115; the milk shipped to other order areas fat content of each order is not the same. F.R. Doc. 69-1856) are hereby approved, and there assigned to Class I milk be­ The price is announced at the average adopted and are set forth in full herein: comes subject to only partial regulation. test of manufacturing milk delivered, ’ The material issues on the record of Proponents maintained that full regula­ which varies seasonally, but on an an­ the hearing relate to : tion should apply whenever Class I nual average is close to 3.7 percent. The 1. Pooling standards for distributing utilization equaled 50 percent of orders differ in the way in which this plant under the Oklahoma Metropolitan receipts. price at test is converted to a 3.5 percent order; Under the circumstances prevailing in basis. As a result the Neosho Valley price 2. Pricing series to be used under the the Oklahoma Metropolitan area, use of has exceeded the Oklahoma Metropoli­ Oklahoma Metropolitan and Neosho total Class I disposition rather than only tan price by an average of about 8 cents Valley orders in lieu of a series to be route disposition in combination (other per hundredweight over the past 3 years. discontinued ; and pooling requirements) provides a practi­ Milk Producers, Inc., which represents 3. The exemption from regulation un­ cable means of distinguishing the dis­ producers under both orders, proposed in der the Oklahoma Metropolitan order of tribution plants to be fully regulated by the notice of hearing that the average a plant operated by a governmental the order. It is, therefore, concluded that price for milk for manufacturing -pur­ agency. the proposal for such change should be poses, f.o.b. plants, United States, be sub­ Findings and conclusions. The follow­ adopted. stituted for the “three-product” price ing findings and conclusions on the ma­ The present order includes in the def­ series in both orders, to be adjusted to a terial issues are based on evidence pre­ initions of “distributing plant” and “sup­ 3.5 percent basis by the Class II butterfat sented at the hearing and the record ply plant” not only the functions of such differential, the method used under the thereof : plants but the performance requirements Oklahoma Metropolitan order. At the 1. Oklahoma Metropolitan distribut­which result in pool status. Nonpool “par­ hearing, however, they supported the ing plants. The requirement that a dis­ tially regulated distributing plant” and testimony of Mid-America Dairymen, a tributing plant dispose of 50 percent or “unregulated supply plant” are also de­ cooperative representing producers under more of its Grade A receipts (or those fined despite the fact that they do not the Neosho Valley order, that the Class II otherwise qualified) of milk from dairy meet the respective definitions of “dis­ price under that order be the basic for­ farmers and from other pool plants as tributing plant” or “supply plant.” To mula price. This price is that paid for Class I milk on routes should be modified avoid this conflict the performance milk of manufacturing grade in the to credit all Class I disposition of the standards have been transferred to the States of Minnesota and Wisconsin, ad­ plant toward meeting the 50 percent re­ “pool plant” definition. This will not justed to a 3.5 percent basis by a butter­ quirement. Performance requirements change the requirements for pool status fat differential equal to 0.12 times the for pool status of both distributing and of any supply plant, and will affect the Chicago butter price. It was also proposed supply plants should be contained in the pool status of distributing plants only that the local plant pay prices used as an pool plant definition of the order rather as set forth heretofore in this decision. alternative price under the Neosho Valley

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5109 order be eliminated. No testimony in op­ sions of the Oklahoma Metropolitan or­ clusions are denied for the reasons position to these proposals was offered at der. The University operates a processing previously stated hi this decision. the hearing. By question and by brief one plant and a dairy farm at Stillwater, General findings. The findings and handler with plants subject to each order Okla. Distribution of fluid milk products determinations hereinafter set forth are requested deletion of the Oklahoma packaged in the plant is limited to the supplementary and in addition to the Metropolitan provision which prices milk •campus boundaries. Milk supplemental findings and determinations previously made in the manufacture of American to the production of the dairy herd Is made in connection with the issuance of cheese, butter and nonfat dry milk at 10 Obtained from a cooperative association •each of the aforesaid orders and of the cents less than the Class II price during acting in its capacity as a handler under previously issued amendments thereto; the months of March through August. the Oklahoma Metropolitan order. and all of said previous findings and Other handlers requested consideration These purchases averaged approximately determinations are hereby ratified and of alignment of Class n prices with those 47,000 pounds monthly in the September affirmed, except insofar as such findings of other orders not involved in the through December 1968 period. In some and determinations may be in conflict hearing. months milk excess to the fluid needs of with the findings and determinations set Producer representatives testified that the University is disposed of to pool forth herein. they are now studying proposals that plants operated by the cooperative. (a) The tentative marketing agree­ might apply to pricing reserve milk under The dairy farm and plant of the Uni­ ments and the orders, as hereby proposed these and other orders in which they versity are operated for the purposes of to be amended, and all of the terms and represent producers. While such studies carrying out a recognized function of the conditions thereof, will tend to effectuate are in progress they supported substitu­ State of Oklahoma. The production and the declared policy of the Act; tion of price series which would most processing facilities are used and deemed (b) The parity prices of milk as deter­ nearly continue the level of prices that necessary for research and educational mined pursuant to section 2 of the Act had resulted under the “three-product” requirements of the University. The op­ are not reasonable in view of the price price series. erations of the University are subject to of feeds, available supplies of feeds, and For the years 1966-1968 inclusive, the the control of the public citizenry acting other economic conditions which affect Oklahoma Metropolitan Class n 3.5 per­ through the various levels of govern­ market supply and demand for milk in cent price, as computed from the three- ment. It would be inappropriate to reg­ the marketing areas, and the minimum product series, averaged $3.92. The U.S. ulate the University plant in the same prices specified in the proposed market­ manufacturing price series averaged manner as plants of other handlers. The ing agreements and the orders, as hereby $3.93 for the same period. The Neosho Oklahoma State University plant and the proposed to be amended, are such prices Valley Class II price for the same period plant of any other governmental agency as will reflect the aforesaid factors, in­ averaged $4 and the basic formula price similarly situated should be exempt from sure a sufficient quantity of pure and averaged $4.03. It can thus be seen that regulation. wholesome milk, and be in the public the U.S. average manufacturing milk There are other educational, mental, interest; and price corresponds very dosely with the and penal institutions in the vicinity of (•c) The tentative marketing agree­ Oklahoma Metropolitan price, and that the marketing area maintaining herds ments and the orders, as hereby pro­ the basic formula price corresponds more and bottling facilities to furnish milk to posed to be amended, will regulate the closely with the Neosho Valley price than their residents. Detailed information on handling of milk in the same manner any of the other price series under con­ receipts and sales of milk at these agen­ as, and will be applicable only to persons sideration at the hearing. cies was not presented on the record. In the respective classes of industrial and The record of this hearing provides However,, it is not the practice of these commercial activity specified in, market­ little opportunity to align Class II prices agencies to sell milk in commercial ing agreements upon which a hearing has of these orders with those of other South­ channels in competition with handlers or been held. western orders. In view of the likelihood with producers. Should any such plants Rulings on Exceptions. No exceptions of further hearings resulting from the dispose of milk in the marketing area were filed. they should likewise be exempt. studies now being made by cooperative Prior to September 1968, the Okla­ Marketing agreement and order. An­ associations, action on this record should homa State University plant received nexed hereto and made a part hereof are be restricted to carrying forward ap­ supplemental milk from a pool plant two documents entitled respectively, proximately the present price levels. This located at Stillwater, Okla., operated by "Marketing Agreement Regulating the can be accomplished by use of the respec­ the principal cooperative association. Handling of Rfilk in Certain Specified tive price series specified above. The This plant was closed in August requir­ Marketing Areas”, and “Order Amend­ Neosho Valley alternative local plant ing that supplemental receipts be trans­ ing the Orders Regulating the Handling price (to which 20 cents per hundred­ ferred from cooperative association pool of Milk In Certain Specified Marketing weight is added) has been the effective plants at either Enid or Oklahoma City, Areas”, which have been decided upon as price only 1 month (January 1966) of both of which are approximately 70 miles the detailed and appropriate means of the past 3 years. Since it has not been from the University plant. effectuating the foregoing conclusions. an effective price-making factor, its use It is hereby ordered, That all of this should be discontinued. Exempting the University plant from the Oklahoma Metropolitan order would decision, except the attached marketing 3. Exemption of governmental agency permit the cooperative association to agreement, be published in the F ederal plant. A governmental agency which op­ deliver to such plant from nearby dairy R egister. The regulatory provisions of erates a plant that processes or packages farms, thus reducing transportation said marketing agreement are identical milk distributed as fluid milk products in costs. This could be either by diversion with those contained in the orders as the area should be exempt from the Okla­ from a pool plant to the University plant, hereby proposed to be amended by the homa Metropolitan order. or by delivery from farms of milk not attached order which will be published Fluid milk products transferred or regulated by the order. with this decision. diverted to sych plants from a pool plant Rulings on proposed findings and con­ Determination of representative period. should be classified as Class I. Fluid milk clusions. Briefs and proposed findings The month of January 1969 is hereby products received at a pool plant from and conclusions were filed on behalf of determined to be the representative pe­ such exempt plants should be first al­ certain interested parties. These briefs, riod for the purpose of ascertaining located to Class II uses. These are the proposed findings and conclusions and whether the issuance of the attached order terms, that now apply to current the evidence in the record were con­ orders, as amended and as hereby pro­ movements of milk between pool plants sidered in making the findings and con­ posed to be amended, regulating the han­ f i t Producer-handler plants, except clusions set forth above. To the extent dling of milk in the certain specified that diversion would be permitted to that the suggested findings and conclu­ marketing areas, is approved or favored exempt plants of governmental agencies. sions filed by interested parties are In­ by producers, as defined under the terms The Oklahoma State University, now consistent with the findings and con­ of each of the orders as amended and as f^ ff^ n g as a producer-handler, pro­ clusions set forth herein, the requests to hereby proposed to be amended, and who, posed that it be exempt from the provl- make such findings or reach such con­ during such representative period, were

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5110 PROPOSED RULE MAKING engaged in the production of milk for sale formity to and in compliance with the fat by the Class II butterfat differential within the aforesaid marketing areas. terms and conditions of the orders, as specified in § 1106.52(b): * * * amended and as hereby amended, as 5. A new § 1106.63 is added to read as Signed at Washington, D.C., March 7, follows: follows: 1969. The provisions of the proposed mar­ J. P hil Campbell, keting agreement and order amending § 1106.63 Governmental agencies. ■ Under Secretary. the order contained in the recommended A plant owned and operated by a gov­ ernmental agency or establishment Order1 Amending the Orders R egulat­ decision issued by the Deputy Admin­ istrator, on February 10, 1969, and pub­ which processes or packages milk dis­ ing H andling of M ilk in Certain tributed in the marketing area, shall be Specified Marketing Areas lished in the F ederal R egister on Feb­ ruary 13, 1969 (34 F.R. 2115; F.R. Doc. exempt from all provisions of this part. FINDINGS AND DETERMINATIONS 69-1856), shall be and are the terms and Fluid milk products received at a pool The findings and determinations here­ provisions of this order, and are set plant from such agencies shall be treated inafter set forth are supplementary and forth in full herein: on the same basis as though received in addition to the findings and determi­ 1. In § 1106.7, paragraph (c) is revised from a producer-handler. Fluid mill? nations previously made in connection to read as follows: products (including diverted milk) dis­ with the issuance of each of the afore­ posed of by a handler to such agencies § 1106.7 Distributing plant. shall be classified as Class I milk. said orders and of the previously issued * * * * * amendments thereto; and all of said In § 1071.51, paragraph (b) is revised (c) Which receives milk from dairyto read as follows: previous findings and determinations are farmers who would be producers if such hereby ratified and affirmed, except in­ § 1071.51 Class prices. sofar as such findings and determina­ plant qualified as a pool plant, or Grade tions may be in conflict with the findings A milk in bulk from other pool plants, * * * * * and determinations set forth herein. The and disposes of fluid milk products on (b) Class II price. The Class n price following findings are hereby made with routes in the marketing area. shall be the basic formula price for the respect to each of the aforesaid orders. 2. Section 1106.8 is revised to read as month. (a) Findings upon the basis of the follows: [F.R. Doc. 69-2971; Filed, Mar. 11, 1969; hearing record. Pursuant to the provi­ § 1106.8 Supply plant. 8:47 a.m.] sions of the Agricultural Marketing “Supply plant” means a plant that re­ Agreement Act of 1937, as amended (7 ceives milk from dairy farmers who Ü.S.C. 601 et seq.), and the applicable would be producers if such plant qualified rules of practice and procedure govern­ as a pool plant and from which fluid DEPARTMENT OF ing the formulation of marketing agree­ milk products are shipped to a distribut­ ments and marketing orders (7 CFR ing plant. TRANSPORTATION Part 900), a public hearing was held 3. In § 1106.9, paragraphs (a) and (b) Federal Aviation Administration upon certain proposed amendments to are revised to read as follows: the tentative marketing agreement and [ 14 CFR Part 39 1 to the order regulating the handling of § 1106.9 Pool plant. milk in the aforesaid marketing area. * * * * * [Docket No. 9467] Upon the basis of the evidence intro­ (a) A distributing plant (other than AIRWORTHINESS DIRECTIVE duced at such hearing and the record that of a producer-handler or one which thereof, it is found that: is exempt pursuant to § 1106.61) from Godfrey Cabin Superchargers Type (1) The said order as hereby amend­ which the following percentages of the 15, Marks 6, 9, and 14 ed, and all of the terms and conditions receipts described in § 1106.7(c) are dis­ The Federal Aviation Administration thereof, will tend to effectuate the de­ posed of during the month as follows: is considering amending Part 39 of the clared policy of the Act; (1) 50 percent as Class I milk in the Federal Aviation Regulations by adding (2) The parity prices of milk, as de­ form of fluid milk products; and an airworthiness directive (AD) appli­ termined pursuant to section 2 of the (2) 5 percent as fluid milk products on cable to Godfrey Cabin Superchargers Act, are not reasonable in view of the routes in the marketing area. Type 15, Marks 6, 9, and 14. Oil leaks price of feeds, available supplies of feeds, (b) A supply plant from which an have been found on certain Godfrey and other economic conditions which amount equal to 50 percent of the re­ Cabin Superchargers due to distortion of affect market supply and demand for ceipts described in § 1106.8 is shipped the banjo adapter in the oil filter assem­ milk in the said marketing area, and the during the month as fluid milk products bly. This condition could result in an in­ minimum prices specified in the order to a plant described in paragraph (a) of flight fire. Since this condition is likely to as hereby amended, are such prices as this section. Any supply plant that exist or develop in other superchargers will reflect the aforesaid factors, insure qualifies as a pool plant during each of of the same design, the proposed air­ a sufficient quantity of pure and whole­ the months of September through worthiness directive would require re­ some milk, and be in the public interest; December shall be a pool plant for the placement of the banjo adapter with a and following months of January through new adapter. (3) The said order as hereby amend­ August except that, if the operator of Interested persons are invited to par­ ed, regulates the handling of milk in the such plant so requests the market ad­ ticipate in the making of the proposed same manner as, and is applicable only ministrator in writing, its pool plant rule by submitting such written data, to persons in the respective classes of status shall be terminated the first day views, or arguments as they may desire. industrial or commercial activity speci­ of the month following receipt of such Communications should identify the fied in, a marketing agreement upon notification. docket number and be submitted in which a hearing has been held. * * * * * duplicate to the Federal Aviation Ad­ ORDER RELATIVE TO HANDLING 4. In § 1106.51(b), the introductory ministration, Office of the General Counsel, Attention: Rules Docket, 800 It is therefore ordered, That on and text preceding the proviso therein is re­ vised to read as follows: Independence Avenue SW„ Washington, after the effective date hereof, the han­ D.C. 20590. All communications received dling of milk in the respectively desig­ § 1106.51 Class prices. on or before April 11, 1969, will be con­ nated marketing areas shall be in con- ♦ * * * * sidered by the Administrator before tak­ (b) Class II price. The Class n price 1 This order shall not become effective ing action upon the proposed rule. The unless and until the requirements of § 900.14 shall be the average price for milk for proposals contained in this notice may be manufacturing purposes, f.o.b. plants, of the rules of practice and procedure gov­ changed in the light of comments re­ erning proceedings to formulate marketing United States as reported by the De­ agreements and marketing orders have been partment on a preliminary basis for the ceived. All comments will be available, met. month, adjusted to 3.5 percent butter- both before and after the closing date

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5111 for comments, in the Rules Docket for Interested persons may participate in Southern Regional Office, Federal Avia­ examination by interested persons. the proposed rule making by submitting tion Administration, Room 724, 3400 This amendment is proposed under the such written data, views, or arguments Whipple Street, East Point, Ga. authority of sections 313(a), 601, and as they may desire. Communications The Alabaster transition area would 603 of the Federal Aviation Act of 1958 should identify the airspace docket num­ be designated as: (49 U.S.C. 1354(a), 1421, 1423), and sec­ ber and be submitted in triplicate to the That airspace extending upward from tion 6(c) of the Department of Trans­ Director, Southern Region, Attention: 700 feet above the surface within a 7-mile portation Act (49 U.S.C. 1655(c)). Chief, Air Traffic Division, Federal Avi­ radius of Shelby County Airport. In consideration of the foregoing, it ation Administration, Post Office Box The Birmingham transition area de­ is proposed to amend § 39.13 of Part 39 20636, Atlanta, Ga. 30320. All communi­ scribed in § 71.181 (34 F.R. 4637) would of the Federal Aviation Regulations by cations received within 30 days after be altered by deleting “* * * thence adding the following new airworthiness publication of this notice in the F ed­ west along the south boundary of directive: eral R egister will be considered before V-66 * * *” and substituting “* * * action is taken on the proposed amend­ thence west along the south boundary of G o d f r e y . Applies to Godfrey Cabin Super­ chargers Type 15, Marks 6, 9, and 14, ment. The proposal contained in this V-66 to and south along the west installed on, but not necessarily limited notice may be changed in the light of boundary of V-7, to and west along a to British Aircraft Corp., Viscount Models comments received. line 5 miles south of and parallel to the 744, 745D, and 810; Armstrong Whitworth An official docket will be available for Brookwood VOR 099° radial * * *” Argosy AW-650; Fokker F-27, Marks, examination by interested persons at the therefor. 100 and 300; Fairchild Hiller F-27 The Montgomery transition area de­ and FH-227 all series; Gruman Model Federal Aviation Administration, Office G-159; Nihon YS-11 all series; Convair of the General Counsel, Attention: Rules scribed in § 71.181 (34 F.R. 4637) would Model 240 modified per STC SA1054WE; Docket, 800 Independence Avenue SW., be altered by deleting “* * * thence and Convair Models 340 and 440 Mod­ Washington, D.C. 20590. An informal northeast along this line to the south ified per STC SA1096WE. docket also will be available for exam­ boundary of V-66; thence east along the Compliance required as indicated. ination at the office of the Regional Air south boundary of V-66 to the west To prevent loss of oil from Godfrey cabin Traffic Division Chief. boundary of V-7 * * *” and substi­ compressor due to distortion of the banjo tuting “* * * thence northeast along adapter in the oil filter assembly, accomplish (Sec. 307(a), Federal Aviation Act of 1958; the following, unless already accomplished: 49 TJ.S.C. 1348; sec. 6(c), Department of this line to a line 5 miles south of and Transportation Act; 49 U.S.C. 1655 (c)) parallel to the Brookwood VOR 099° (a) For British Aircraft Corp. Viscount radial; thence east along this line to Models 744, 745D, and 810 airplanes, at the Issued in Washington, D.C., on March next overhaul of the Supercharger or within the west boundary of V-7 * * *” the next 750 hours’ time in service, whichever 5,1969. therefor. occurs first, after the effective date of this T. M cCormack, The proposed designation and altera­ AD, replace Godfrey banjo adapter P/N Acting Chief, Airspace and tion of transition areas are required for V8653 as specified in paragraph (c) of this Air Traffic Rules Division. the protection of IFR operations in climb AD. [FJt. Doc. 69-2955; Filed, Mar. 11, 1969; from 700 to 1,200 feet above the surface (b) For all other applicable airplanes, at 8:46 a.m,] and in descent to 1,000 feet above the the next overhaul of the Supercharger or surface. A prescribed instrument ap­ within the next 1,500 hours’ time in service, proach procedure to Shelby County Air­ whichever occurs first, after the effective I 14 CFR Part 71 ] date of this AD, replace Godfrey banjo port, utilizing the Brookwood VOR, is adapter P/N V8653 as specified in paragraph [Airspace Docket No. 69—SO—19] proposed in conjunction with the desig­ (c) of this AD.' nation and alteration of these transition (c) Replace Godfrey banjo adapter P/N TRANSITION AREAS areas. V8653 with Godfrey banjo adapter P/N Proposed Designation and Alteration This proposal is made under the au­ 139313 in accordance with Godfrey Pre­ thority of section 307(a) of the Federal cision Products, Ltd., Service Bulletin No. The Federal Aviation Administration Aviation Act of 1958 (49 U.S.C. 1348(a)) 21-120-1196, dated July 1968, or later ARB- is considering an amendment to Part 71 and of section 6(c) of the Department of approved revision or an equivalent approved of the Federal Aviation Regulations that by the Chief, Aircraft Certification Staff, Transportation Act (49 U.S.C. 1655(c)). FAA, Europe, Africa, and Middle East. would designate the Alabaster, Ala., transition area and alter the Birming­ Issued in East Point, Ga., on March 3, Issued in Washington, D.C., on March ham and Montgomery, Ala., transition 1969. 5,1969. areas. H enry S. Chandler, Acting Director, Southern Region. E dward C. H odson, Interested persons may submit such Acting Director, written data, views, or arguments as they [F.R. Doc. 69-2956; Filed, Mar. 11, 1969; Flight Standards Service. may desire. Communications should be 8:46 a.m.] [F.R. Doc. 69-2957; FUed, Mar. 11, 1969; submitted in triplicate to the Area Man­ 8:46 a.m.] ager, Memphis Area Office, Attention: [ 14 CFR Part 151 1 Chief, Air Traffic Branch, Federal Avia­ tion Administration, Post Office Box [Docket No. 9466; Notice 69-8] I 14 CFR Part 71 ] 18097, Memphis, Tenn. 38118. All com­ LAND ACQUISITION COSTS FOR [Airspace Docket No. 69-SO-6] munications received within 30 days af­ APPROACH LIGHTING SYSTEMS ter publication of this notice in the F ed­ FEDERAL AIRWAYS eral R egister will be considered before U.S. Share Proposed Alteration action is taken on the proposed amend­ ment. No hearing is contemplated at this The Federal Aviation Administration The Federal Aviation Administration time, but arrangements for informal con­ is considering amending Part 151 of the is considering an amendment to Part ferences with Federal Aviation Adminis­ Federal Aviation Regulations to pro­ of khe Federal Aviation Regulations tration officials may be made by contact­ vide, for projects under the Federal-aid that would realign V-492 north alternate ing the Chief, Air Traffic Branch. Any Airport Program, that the U.S. share of iom\ k0, ^ a-> to Palm Beach, Fla., data, views, or arguments presented dur­ the acquisition costs of land needed for 1.200 feet above the surface via the inter­ ing such conferences must also be sub­ tiie installation of approach lighting section to La Belle 043* T (042° M) and mitted in writing in accordance with this systems is 75 percent regardless of the Beach 298° T (298* M) radials. notice in order to become part of the rec­ intensity of the lights involved. his action will improve the flow of air ord for consideration. The proposal con­ Interested persons are invited to par­ traffic in the Palm Beach and Miami ticipate in the making of the proposed areas, and retain required lateral sep­ tained in this notice may be changed in rule by submitting such written data, aration from established holding pat­ the light of comments received. views, or arguments as they may desire. terns and departure routes in the Palm The official docket will be available for Communications should identify the reg­ Beach area. examination by interested persons at the ulatory docket or notice number and

No. 48-----8 FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5112 PROPOSED RULE MAKING be submitted in duplicate to: Federal § 1.4(b) (2) of the Regulations of the cations should identify the docket num­ Aviation Administration, Office of the Office of the Secretary of Transporta­ ber and be submitted in duplicate to the General Counsel, Attention: Rules tion. Secretary, Hazardous Materials Regula­ Docket GC-24, 800 Independence Avenue Issued in Washington, D.C., on tions Board, Department of Transporta­ SW., Washington, D.C. 20590. All com­ March 4,1969. , tion, 400 Sixth Street SW., Washington, munications received on or before Chester G. Bowers, D.C. 20590. Communications received on April 11, 1969, will be considered by the Director, Airports Service, AS-1. or before April 15,1969, will be considered Administrator before taking action on before final action is taken on the pro­ the proposed rule. The proposal con­ [F.R. Doc. 69-2958; Filed, Mar. 11, 1969; posal. All comments received will be tained in this notice may be changed in 8:46 a.m.] available for examination by interested the light of comments received. All com­ persons at the Office of the Secretary, ments submitted will be available, both Hazardous Materials Regulations Hazardous Materials Regulations Board, before and after the closing date for both before and after the closing date for comments, in the Rules Docket for ex­ Board comments. amination by interested persons. [ 49 CFR Part 173 1 This proposal is made under the au­ Section 151.43(d) provides that the [Docket No. HM-15; Notice No. 69-3] thority of sections 831-835 of title 18, U.S. share of the costs of an approved United States Cpde, section 9 of the project, representing the costs of acquir­ TRANSPORTATION OF HAZARDOUS Department of Transportation Act (49 ing land needed for installing, operating, MATERIALS U.S.C. 1657) and title VI and section and maintaining an approach lighting 902(h) of the Federal Aviation Act of system (as described in § 151.13), is 75 Notice of Proposed Rule Making 1958 (49 U.S.C. 1421-1430 and 1472(h)). percent. Section 151.13(a) defines an ap­ The purpose of this notice is to request Issued in Washington, D.C., on proach lighting system as a “standard public comment on a proposed amend­ March 7,1969. configuration of high intensity aeronau­ ment to § 173.306 of the Hazardous Mate­ Sam Schneider, tical ground lights in the approach area rials Regulations (49 CFR 170-189) to Board Member, for the to a runway * * for the purpose of eliminate § 173.306(a) (3) (iv). This sub- Federal Aviation Administration. project approval as a landing aid. When paragraph now provides that the flam­ this definition was adopted, only high mable contents of inside nonrefillable J. B. McCarty, Jr., intensity approach lighting systems were metal cans charged with solutions of Capt. U.S.C.G., by direction of approved. Since then, medium intensity compressed gas or gases must not have a Commandant, U.S. Coast Guard approach lighting systems, and medium flash point of less than 20° F. in order J ohn R. J amieson, intensity approach lighting systems with to be eligible for shipment under the Administrator, runway alignment indicator lights have exemption provisions of this section. A Federal Highway Administration. been incorporated into the National Air­ petitioner, Chemical Specialties Manu­ J ames H. Macananny, space System. However, the U.S. share of facturing Association, has indicated that the costs for land for these recently de­ Acting Administrator, the deletion of the subparagraph would Federal Railroad Administration. veloped systems is limited to 50 percent have the effect of allowing the “exempt by virtue of § 151.43 (d). shipment” of aerosol products which are [F.R. Doc. 69-2998; Filed, Mar. 11, 1969; It is proposed to strike out the term flammable without regard to flash point, 8:49 a.m.] “high intensity” from the definition of but still under all of the other restric­ approach lighting system in § 151.13(a), tions, such as use of metal cans only, 50- and thereby include other recently de­ cubic-inch size limit, pressure limit of [ 49 CFR Parts 172, 173 1 veloped systems. This would allow the contents in relation to can strength, ade­ [Docket No. HM-16; Notice No. 69-4] U.S. share for the costs of land for ap­ quate head space, and a test to 130° F. proved approach lighting systems to be of each complete can filled for shipment. TRANSPORTATION OF HAZARDOUS 75 percent regardless of the intensity In support of its petition, the Associa­ MATERIALS of the lights. This action would be con­ tion states that * * *. “a test of flash Notice of Proposed Rule Making sistent with the Federal Airport Act, point is not a proper test to be applied to a compressed gas including aerosol The purpose of this notice is to request which in section 9(d)(1) requires the products, which are formulated products public comment on proposed amend­ sponsor of an airport development proj­ under pressure, usually with a liquefied ments to the Hazardous Materials Regu­ ect to hold or assure acquisition of title gas in solution with the other ingredi­ lations (49 CFR 170-189) to authorize to the land needed for an approved proj­ ents.” the shipment of certain corrosive liquids ect, without any specific limitation of Petitioner further points, out that over in tank motor vehicles and tank cars where the regulations do not presently approach lighting systems to those with a period of time numerous special per­ mits have been issued by the Department authorize their being shipped in such high intensity lights. Also, section 10(d) authorizing the shipment of large quan­ transport vehicles. of that Act imposes no such limitation in tities of aerosol products having flash A petitioner, Stauffer Chemical Co., providing up to 75 percent participation points lower than 20° F. and that these has requested that the regulations be by the United States in approved project shipments have been entirely successful. amended to authorize shipment of ben­ costs for land required for the installa­ In requesting a change in the regulations, zene phosphorus dichloride and benzene tion of approach light systems. petitioner stated that in view of the re- phosphorus thiodichloride in certain tank motor vehicles and tank cars. In consideration of the foregoing, it rhaining requirements in the regulations as listed above, it saw no need for incor­ The petitioner has been shipping the is proposed to amend the flush sentence porating either specification container two commodities covered by this pro­ at the end of paragraph (a) of § 151.13 requirements or weight limitations such posal under the provisions of special per­ of the Federal Aviation Regulations by as were included in the experimental mits issued by the Department. There striking out the words “high intensity.” special permits. have been no reports of adverse This amendment is proposed under the The Board believes that there is merit experience. authority of sections 9 and 10 of the Fed­ in the petitioner’s proposal and that In consideration of the foregoing, it is adoption of this change would not ad­ proposed to amend the Hazardous Ma­ eral Airport Act (49 U.S.C. 1108, 1109), versely affect safety. terials Regulations as set forth below: section 6(c) of the Department of Trans­ Interested persons are invited to give I. Part 172 would be amended as portation Act (49 U.S.C. 1655(c)), and their views on this proposal. Communi­ follows:

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5113

(A) By amending § 172.5(a) Commodity List as follows: before final action is taken on the pro­ posal. All comments received will be § 172.5 List of explosives and other dangerous articles. available for examination by interested (a) * * * persons at the Office of the Secretary, Hazardous Materials Regulations Board, Maximum both before and after the closing date for Exemptions and packing Label required quantity in Article Classed as— (see sec.) if not exempt one outside comments. container by This proposal is made under the au­ rail express thority of sections 831-835 of Title 18, United States Code, and section 9 of the Add Department of Transportation Act (49 B enzene phosphorus dichloride____- Cor. L ------173.244, 173.250a—-—------White— ------5 pints. U.S.C. 1657). B enzene phosphorus thiodichloride.. C or^L ..------173.244, 173¿250a------do...------P 5 ‘* Issued in Washington, D.C., on March 6, 1969. James H. Macananny, IL Part 173 would be amended as J ames H. Macananny, follows: Acting Administrator, Acting Administrator, (A) The table of contents would be Federal Railroad Administration. Federal Railroad Administration. amended by adding § 173.250a to read as [F.R. Doc. 69-2999; Filed, Mar. 11, 1969; follows: 8:49 a.m.] J ohn R. J amieson, Administrator, Sec. 173.250a Benzene phosphorus dichloride Federal Highway Administration. and benzene phosphorus thiodi- [ 49 CFR Part 173 ] [F.R. Doc. 69-3000; Filed, Mar. 11, 1969; chloride. [Docket No. HM-17; Notice No. 69-5] 8:49 a.m.] (B) Section 173.250a would be added to TRANSPORTATION OF HAZARDOUS read as follows: MATERIALS [Docket No. HM-18; Notice No. 69-6] § 173.250a Benzene phosphorus dichlo- [ 49 CFR Part 173 1 ride and benzene phosphorus thiodi- Notice of Proposed Rule Making TRANSPORTATION OF HAZARDOUS ehloride. The purpose of this noti9 e is to request (a) Benzene phosphorus dichloridepublic comment on a proposed amend­ MATERIALS and benzene phosphorus thiodichloride ment to § 173.354 of the Hazardous Ma­ Notice of Proposed Rule Making must be packaged as f ollows: terials Regulations (49 CFR 170-189) to (1) In packagings prescribed in § 173.- authorize the transportation of storage The purpose of this notice is to request 245. tanks containing the solid or. semisolid public comment on a proposed amend­ residue of motor fuel antiknock com­ ment to § 173.157(a) (3) of the Hazard­ (2) Specification MC 310, MC 311, or pound which is classed as a poisonous ous Materials Regulations (49 CFR 170- MC 312 (§ 178.343 of this chapter) cargo 189) to authorize shipment of benzoyl tanks. solid, class B. The authorization would be for transportation by rail and highway peroxide, wet with not less than 30 per­ (3) Specification 103AW (§§ 179.200 only. cent water, in DOT 12B fiberboard boxes and 179.201 of this chapter) tank cars. Over a number of years, the Depart­ having inside polyethylene bags at least Tanks must be lined. ment has issued special permits to au­ 0.004 inch thick which are securely Interested persons are invited to give thorize transportation of this type and closed and which have a capacity of not their views on this proposal. Communica­ has received no reports of adverse experi­ more than 10 pounds. The other packag­ tions should identify the docket number ence. Therefore, the Board believes that ing requirements of the subparagraph and be submitted in duplicate to the this rule change is justified. would also apply. A petitioner, Cheme- Secretary, Hazardous Materials Regula­ Part 173 would be amended by adding tron-Noury Corp., has reported no ad­ tions Board, Department of Transporta­ a new paragraph (c) to § 173.354 as verse experience in the shipping of a tion, 400 Sixth Street SW., Washington, follows: significant number of packages of this D.C. 20590. Communications received on type under the provisions of a special or before April 15,1969, will be considered § 173.354 Motor fuel antiknock com­ permit from the Department. before final action is taken on the pro­ pound or tetraethyl lead. Interested persons are invited to give posal. All comments received will be * * * * * their views on this proposal. Communi­ available for examination by interested (c) Tanks built to ASME specifica­cations should identify the docket num­ persons at the Office of the Secretary, tions, which contain only solid or semi- ber and be submitted in duplicate to the Hazardous Materials Regulations Board, solid residual motor fuel antiknock com­ Secretary, Hazardous Materials Regula­ both before and after the closing date for pound, may be shipped by rail freight or tions Board, Department of Transporta­ comments. highway. All openings must be closed tion, 400 Sixth Street SW., Washington, This proposal is made under the au­ with gasketed blank flanges or vapor D.C. 20590. Communications received on thority of sections 831-835 of title 18, tight threaded closures. Each tank must or before April 15,1969, will be considered United States Code, section 9 of the De­ be secured and braced to prevent move­ before final action is taken on the pro­ partment of Transportation Act (49 ment under conditions incident to posal. All comments received will be U.S.C. 1657). transportation. available for examination by interested persons at the Office of the Secretary, Issued in Washington, D.C., on Interested persons are invited to give March 6,1969. their views on this proposal. Communi­ Hazardous Materials Regulations Board, cations should identify the docket num­ both before and after the closing date W. J. S mith, for comments. Commandant, ber and be submitted in duplicate to the U.S. Coast Guard. Secretary, Hazardous Materials Regula­ This proposal is made under the au­ tions Board, Department of Transporta­ thority of S( ¿tions 831-835 of title 18, J ohn R. Jamieson, tion, 400 Sixth Street SW., Washington, United States Code, section 9 of the De­ Administrator, D.C. 20590. Communications received on partment of Transportation Act (49 Federal Highway Administration. or before April 15,1969, will be considered U.S.C. 1657) and title VI and section

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5114 PROPOSED RULE MAKING

902(h) of the Federal Aviation Act of However, certain other amendments are and shown separately. However, it seems 1958 (49 U.S.C. 1421-1430 and 1472(h)). also proposed herein. The objectives of appropriate for regulatory purposes that the proposed amendments may be sum­ the nature of the items rather than their Issued in Washington, D.C., on marized as follows: (a) To transfer from size should determine whether they are March 6, 1969. the earned surplus accounts to the in­ extraordinary and that alternate ac­ Sam S chneider, Board Member, for the come accounts delayed, extraordinary counting for the smaller extraordinary Federal Aviation Administration. and other items now includible as entries items specified in the APL opinion is not to earned surplus except those pertaining justified. For regulatory purposes it is J. B. McCarty, Jr., to capital stock, the transfer of net in­ considered appropriate that the profit Capt. U.S.C.G., by direction of come to earned surplus and appropria­ or loss realized on a transaction of a type Commandant, U.S. Coast Guard. tions of earned surplus; (b) to change which occurs infrequently and is of a J ohn R. J amieson, all references to “earned surplus” and nature that is not normally incurred in Administrator, “capital surplus” to read “retained earn­ the day-to-day operations of a telephone Federal Highway Administration. ings” and “other capital,” respectively; company should be considered to be an (c) to provide for intraperiod allocation extraordinary item regardless of size and J ames H. MacAnanny, of income taxes by charging separate ac­ so excluded from normal net income. Acting Administrator, counts for such taxes pertaining to op­ 7. Certain other criteria indicated in Federal Railroad Administration. erating income, “below-the-line” income, Opinion No. 9 for determining whether [F.R. Doc. 69-3001; Filed, Mar. 11, 1969; extraordinary and delayed income, and items are delayed or extraordinary have 8:49 a.m.] retained earnings entries; (d) to delete also been omitted from this proposal. It the accounts for reservations of income is believed that the differences between and to provide in lieu of the two surplus the accounting set forth below and that accounts currently prescribed, a single to be reported under Opinion No. 9 are FEDERAL COMMUNICATIONS account for all reservations of retained desirable from a regulatory view point. earnings; and (e) to make other changes 8. The new accounts proposed below COMMISSION occasioned by the foregoing such as ac­ for inclusion in Part 31 for delayed and count number and title references. [ 47 CFR Part 31 1 extraordinary items are as follows: ac­ 4. As proposed in this notice of pro­ count 360, “Extraordinary income cred­ [Docket No. 18477; FCC 69-216] posed rule making the term delayed items its,” account 365, “Delayed income cred­ is defined to include all items relating to UNIFORM SYSTEM OF ACCOUNTS its,” account 370, “Extraordinary income a prior accounting period, including all charges,” account 375, “Delayed income FOR CLASS A AND CLASS B TELE­ adjustments of estimated amounts in­ charges,” and account 380, “Income tax PHONE COMPANIES cluded in the accounts in prior years. effect of extraordinary and delayed However, under the accounting proposed items—Net.” Notice of Proposed Rule Making for delayed items, only those delayed items considered to be large enough to 9. It is proposed to amend Part 31 in In the matter of amendment of Part each instance where the term “earned 31, Uniform System of Accounts for Class distort the current accounts, which were previously includible in surplus, would be surplus” appears by substituting there­ A and Class B Telephone Companies of for the term “retained earnings” and the rules to provide for an all-inclusive included in the proposed new accounts for delayed items. All other delayed items where the term “capital surplus” appears income statement and to revise the ac­ substituting the term “other capital.” counting for taxes, Docket No. 18477. would be includible in the accounts in which they would have been included had The AICPA has for some years advocated 1. Notice is hereby given of proposed the items not been delayed. the discontinuance of the term “surplus” rule making in the above-entitled 5. No criteria, other than the judg­ and the substitution therefor, where ap­ matter. ment of the company, is now included in propriate, of “retained earnings” and 2. In December 1966 the Accounting Part 31 for the measurement of what “other capital” or similar terms. Most Principles Board (APB) of the American size of delayed item would result in dis­ systems of accounts and unregulated Institute of Certified Public Accountants tortion of the accounts and none is in­ business firms have now adopted the (AICPA) issued APB Opinion No. 9, “Re­ cluded in the proposed amendments. AICPA recommended terminology and it porting the Results of Operations.” This However, it is to be noted that Annual is believed that this is an appropriate opinion was the result of a general re­ Report Form M, starting with the report occasion to do likewise. view of reporting practices in which it form for 1968, contains a new schedule 10. It is proposed to amend the pro­ was concluded that, beginning'in 1967, 44, Delayed Items, in which are to be visions of Part 31 pertaining to taxes. net income should reflect all items of reported all delayed items included in Federal income taxes, all of which are profit and loss recognized during the ac­ the regular accounts that amount to currently includible in account 305, “Op­ counting period with the exception of $100,000 or to 1 percent or more of net erating taxes,” are proposed to be allo­ prior period adjustments, with large operating income, whichever is smaller. cated among tax accounts applicable to extraordinary items to be shown sepa­ It is believed that the accounting pro­ operating income, “below-the-line” in­ rately as an element of net income of posed herein for delayed items, together come, extraordinary and delayed income, the period. Prior to the issuance of this with the data to be reported in schedule and retained earnings entries. The por­ opinion most companies followed the 44, will provide adequate information tion of Federal income taxes proposed to practice (which is currently required for with respect to all significant delayed be allocated to operations is to be com­ telephone companies subject to the Com­ items. puted on the amount of operating in­ mission’s accounting rules) of including 6. Most of the nonrecurring items come less the tax effect of interest costs. large delayed and extraordinary items in Account 305 is proposed to be deleted and earned surplus. The Commission’s sys­ which are currently includible in the surplus accounts are proposed to be in­ new account 306 included for Federal tems of accounts for telegraph carriers income taxes applicable to operations currently provide for an all-inclusive in­ cluded in new extraordinary and delayed come statement somewhat similar to that income accounts. Those items that per­ and account 307 for inclusion of all which is now being proposed for tele­ tain to capital stock transactions are pro­ other operating taxes. All States do not phone companies. posed to be included in the retained levy income taxes. Some States and also earnings accounts and a few items of a local jurisdictions substitute other types 3. The proposed amendments to Part recurring nature, now includible in the 31, Uniform System of Accounts for Class surplus accounts, are proposed for in­ of tax levies in lieu of income taxes. It A and Class B Telephone Companies, that clusion in “below-the-line” income ac­ is therefore believed appropriate, in order occasion this notice of proposed rule counts. APB Opinion No. 9 provides that to maintain comparability between com­ making relate primarily to the adoption only extraordinary items of material size panies, to include income taxes other of an all-inclusive income statement. should be excluded from ordinary income than Federal in proposed account 307

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5115 and thus include all State and local op­ rules, interested persons may file com­ (c) The company shall keep such rec­ erating taxes in a single account. Income ments on or before April 15, 1969, and ords as are necessary in order to show taxes included in account 307 should reply comments on or before April 25, the full particulars with respect to all also be computed on the basis of operat­ 1969. All relevant and timely comments delayed items included in accounts 365 ing income less the effect of any appli­ and reply comments will be considered by and 375 and also with respect to such cable interest costs. Account 322, “Mis­ the Commission before final action is other delayed items included in the or­ cellaneous taxes,” is proposed to be de­ taken in this proceeding. In reaching its dinary accounts as are required to be leted and accounts 326, “Federal income decision in this proceeding, the Commis­ reported in its annual report to the taxes—Nonoperating,” and 327, “Other sion may also take into account other Commission. nonoperating taxes,” substituted there­ relevant information before it, in addi­ 3. In § 31.01-7, paragraph (a) is for. It is also proposed to add new ac­ tion to the specific comments invited by amended to read as follows: count 380, “Income tax effect of extraor­ this notice. dinary and delayed items—Net.” In­ 17. In accordance with the provisions§ 31.01—7 Profits and losses from for­ come taxes applicable to credits to . of § 1.419 of the Commission’s rules and eign exchange. retained earnings are proposed to be in­ regulations, an original and 14 copies of (a) Profits and losses from premiums cluded in account 413, “Miscellaneous all statements or briefs shall be furnished and discounts on foreign exchange shall debits to retained earnings,” and the in­ to the Commission. be included, so far as practicable, in the come tax effect of debits to retained Adopted: March 5, 1969. accounts appropriate for the transac­ earnings are proposed to be included in tions in connection with which such account 402, “Miscellaneous credits to Released: March 7, 1969. items arise. For example, profits realized retained earnings.” It is believed that F ederal Communications and losses suffered due to the difference the proposed accounting for Federal in­ Commission 1 in rates of exchange between the date come taxes will furnish data which is [seal] B en F. W aple, that money is borrowed or loaned and much more informative and more readily Secretary. the date of payment or collection shall available for rate making and other pur­ be included in account 360, “Extraordi­ poses than the currently prescribed tax Part 31—Uniform System of Accounts nary income credits,” or account 370, accounting. for Class A and Class B Telephone Com­ “Extraordinary income charges,” as may 11. It is proposed to delete Cases 2 and panies is amended as follows: be appropriate. 13 of Appendix A of Part 31. The pro­ 1. Section 31.01-4 is amended to read * * * * * as follows: visions of Case 2 dealing with the ac­ 4. In § 31.1-11, paragraph (b) is counting for Social Security taxes are §31.01—4 Unaudited items. amended to read as follows: proposed to be incorporated in the ap­ propriate sections of Part 31 relating When the amount of any known item affecting these accounts cannot be accu­ §31.1—11 Current assets. to taxes. The accounting indicated in * * * * * Case 13 with respect to tax savings in rately determined in time for inclusion connection with refinancing will no in the accounts of the calendar year in (b) The amount of any current asset longer be appropriate if the proposed which the transaction occurs, the amount written off shall be included in account amendments are adopted and it is pro­ of the item shall be estimated and in­ 323, “Miscellaneous income charges,” ac­ posed to provide in account 380 for the cluded in the proper accounts. When the count 530, “Uncollectible operating rev­ inclusion therein of such tax savings. item is audited, the necessary adjust­ enues—Dr.,” or other appropriate 12. It is also proposed to delete account ments shall be handled as a delayed item account. 341, “Contingent interest on funded as provided in § 31.01-5 (b). If during the 5. In § 31.1-12, paragraph (b) is debt,” account 342, “Contractual reser­ interval between the date of inclusion of amended to read as follows: vations of income,” and account 343, the item in the accounts and the date on which it is audited, a substantial differ­ § 31.1—12 Book cost of securities owned. “Miscellaneous reservations of income.” * * * * $ These accounts are seldom, if ever, used ence from the initial estimate is deter­ and are not believed to be in accord with mined, appropriate adjustments shall be (b) The company is allowed the option generally accepted accounting principles. made in the current accounts to cover of writing down such book cost in recog­ Income cannot be reserved. Only after such difference. The company is not re­ nition of the decline in value of the secu­ it is included in retained earnings can quired to anticipate minor items which rities. It shall write down to a nominal it be reserved for a specific purpose. Con­ would not appreciably affect these amount or write off the book cost if there tingent interest on funded debt is an in­ accounts. is no reasonable prospect of future terest cost when it is accrued and it is 2. Section 31.01-5 is amended to read substantial value. The amount of such proposed that any such interest that is as follows: adjustment shall be charged to account 376, “Extraordinary income charges.” paid be included in account 336, “Other §31.01—5 Delayed items. interest deductions.” 6. In §31.1-13, paragraphs (b), (c), 13. If the foregoing amendments to (a) The term “delayed items” means (d), (e), (f), and (g) are amended to Part 31 are adopted it is proposed that items accounted for in the current ac­ read as follows: they be made effective January 1, 1970. counts with respect to transactions which occurred before the current calendar § 31.1—13 Company securities owned. If adopted as proposed, some changes in ***** Annual Report Form M will be necessary year. It includes adjustments of errors " e to accounts added and deleted and and additional entries with respect to (b) The necessary adjustments for the changes in account titles and numbers. items in the operating revenue, operating difference between (1) the face amount However, it is contemplated that such expense and other income accounts of of bonds and other evidences of debt cnanges in Form M will be proposed in prior years. that have been reacquired and (2) the separate rule making after this proceed­ (b) Unless the inclusion of a delayed amounts actually paid therefor plus the ing is completed. item in the current accounts would dis­ expenses incurred in connection with 14. In view of the foregoing, it is pro­ tort those accounts, it shall be included their reacquisition shall be included, posed to amend Part 31, Uniform System in the same account in the current year when a credit, in account 360, “Extraor­ of Accounts for Class A and Class B that would have been credited or charged dinary income credits,” and when a debit, telephone Companies, of the rules as set if the item had not been delayed. If the in account 370, “Extraordinary income iorth in the attached Appendix. delayed item would distort the current charges.” (See also § 31.1—15(f).) In the . *5/ notice of proposed rule mak- accounts, it shall be credited to account case of refinancing; amounts that ordi­ ..? ls 1£*sued under authority of sections 365, “Delayed income credits,” or charged narily would thus be credited to account j 1 220 of the Communications Act to account 375, “Delayed income 360 or charged to account 370 may be of 1934, as amended. charges,” as appropriate. made subject to amortization upon spe­ an* * ° aPPhcable procedures cific approval by the Commission in each forth in § 1.415 of the Commission’s 1 Commissioner Bartley absent. Instance.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5116 PROPOSED RULE MAKING

(c) The necessary adjustments for the diately prior to their reacquirement. § 31.100:4 Telephone plant acquisition difference between (1) the face amount (Note also accounts 104, 105, 136, and adjustment. of bonds and other evidences of debt 137.) * * * * * previously reacquired that are resold and 7. In § 31.1-14, paragraph (e) is (C) * * * (2) the amounts actually received there­ amended to read as follows: for less the expense incurred in connec­ (1) Debit amounts may be charged to tion with their resale shall be included, § 31.1—14 Discount and premium on account 370, “Extraordinary income when a credit, in account 360, “Ex­ capital stock. charges,” in whole or in part, or amor­ * * * * * tized over a reasonable period through traordinary income credits,” and when charges to account 323, “Miscellaneous a debit, in account 370, “Extraordinary (e) When capital stock which has income charges,” without further direc­ income charges.” been actually issued or assumed by the tion or approval by this Commission. (d) The necessary adjustments for company is reacquired the proportion Should a carrier desire the disposition of the difference between (1) the book (based upon the relation of the amount debit amounts in any manner other than amount of capital stock that, has been of stock reacquired to the total amount as herein provided, it shall request that reacquired and (2) the amount actually of that particular class or series of stock the Commission (i) approve recom­ paid for it plus the amount of expense outstanding before its reacquirement) of mended disposition or (ii) direct appro­ incurred in connection with its reacquisi­ the balance in the discount and premium priate disposition according to the cir­ tion shall be included in account 179, account with respect to the stock reac­ cumstances Involved In each transaction. “Other capital,” except that the excess quired shall be cleared to account 179, of a debit adjustment over the balance “Other capital,” except that any excess ***** in account 179, applicable to capital of a debit amount over the balance in Note A: Disposition as herein provided is for accounting purposes only and. shall not stock of the same class, shall be charged account 179 applicable to capital stock be construed as determining or controlling to account 413, “Miscellaneous debits to of the same class shall be charged to the amount or disposition of the items in retained earnings”: And, provided fur­ account 413, “Miscellaneous debits to re­ a rate or other proceeding, nor shall anything ther, That a credit adjustment shall be tained earnings”: And, provided further, contained in paragraph (c) of this section included in account 402, “Miscellaneous That a credit amount shall be credited be construed as precluding the Commission credits to retained earnings,” to the ex­ to account 402, “Miscellaneous credits to from subsequently requiring disposition of tent that any previous charges to re­ retained earnings,” to the extent that such amounts in a different manner or tained earnings on account of transac­ any previous charges to account 413 on from altering a previously determined tions in the same class of stock have not account of transactions in capital stock amortization period. been offset by previous credits to retained of the same class have not been offset ***** earnings on account of such transactions. by previous credits to account 402 on 11. Section 31.130 is amended to read (e) The necessary adjustments for account of such transactions. as follows: the difference between (1) the book ***** amount of capital stock that previously § 31.130 Prepaid taxes. 8. In § 31.1-15, paragraphs (c) and (f) This account shall include the amounts has been reacquired and is resold, and are amended to read as follows: (2) the amount actually received for it of taxes paid in advance, except minor less the amounts of expense incurred in § 31.1—15 Discount, premium, and ex­ amounts which may be charged direct to connection with its resale shall be in­ pense on long-term debt. the final accounts. As the term expires cluded in account 179, “Other capital,” * * * * * for which the taxes are paid, this ac­ except that the excess of a debit adjust­ (c) The company may extinguish atcount shall be credited at monthly in­ ment over the balance in account 179 any time through charges to account tervals and the appropriate account applicable to capital stock of the same 370, “Extraordinary income charges,” charged. (Note also §§ 31.2-22(b) ft)), class shall be charged to account 413, all or any part of the debit balance re­ 31.304, 31.306, 31.307, 31.326, and 31.327.) “Miscellaneous debits to retained earn­ maining in any particular discount, 12. In § 31.134:2, paragraphs (b) and ings”: And, provided further, That a premium, and debt expense account. (c) are amended to read as follows: credit adjustment shall be credited to * * * * * account 402, “Miscellaneous credits to §31.134:2 Capital stock expense. retained earnings,” to the extent that (f) Except as provided in paragraphs ***** any previous charges to retained earn­ (c), (d), and (e) of this section, the (b) When any issue of capital stock, ings on account of transactions in capital balance in each of these accounts shall or a portion thereof, is reacquired, there stock of the same class have not been be carried until the reacquirement of the shall be credited to this account and offset by previous credits to retained securities to which it relates at which charged to account 179, “Other capital,” earnings on account of such transactions. time the proportion (based upon the the amount herein with respect to such (f) The company’s records shall be so relation of the amount of long-term stock, except that any excess of such maintained that in reports to the Com­ debt reacquired to the total amount of amount over the balance in account 179 mission there may be shown the extent that particular class or series of long­ applicable to capital stock of the same to which the retained earnings accounts term debt outstanding before its reac­ class, shall be charged to account 413, have been charged and credited in con­ quirement) of the balance in the dis­ “Miscellaneous debits to retained nection with transactions in each class count, premium and debt expense ac­ earnings.” count with respect to the long-term debt (c) The comptany may amortize or of capital stock. * reacquired shall be cleared to account (g) The book amount for nonpar stock write off the balance carried in this 360, “Extraordinary income credits,” or account by credits hereto and concurcent reacquired shall be obtained by first account 370, “Extraordinary income ascertaining the amount in account 150, charges to account 179, “Other capital,” charges,” as appropriate. In the case of or to account 413, “Miscellaneous debits “Capital stock,” for the particular class refinancing, amounts that ordinarily of stock before the reacquirement. In this to retained earnings,” in case the amount would thus be charged or credited to the exceeds the balance in account 179 ap­ amount shall be included the proceeds extraordinary income accounts may be realized at the sale, the amount of any plicable to the same class of stock. made subject to amortization upon spe­ * * * * * assessments against stockholders, the cific approval of the Commission in each amounts transferred to account 150 13. Section 31.139 is amended to read from retained earnings less any amount instance. (Seealso § 31.1-13(b).) as follows: which has been distributed from account * * * * * § 31.139 Other deferred charges. 150 to the stockholders in liquidation. § 31.1-18 [Revoked] The amount thus ascertained shall be This account shall include all deferred prorated to the shares reacquired on the 9. Section 31.1-18 is revoked. charges not provided for elsewhere, such basis of the proportion that the reac­ 10. In §31.100:4, paragraph (c)(1) as unaudited amounts and other debit quired shares bear to the total number and Note A are amended to read as balances in suspense that cannot be of shares actually outstanding imme­ follows: cleared and disposed of until additional

FEDERAL REGISTER. VOL. 34, NO. 48— WEDNESDAY, MARCH T2, 1969 PROPOSED RULE MAKING 5117 information is received; debit balances or others (whether carried in special inclusion in account 103, “Miscellaneous in clearing accounts; the amount, pend­ trust funds or in the general funds of physical property,” the amount accrued ing determination of loss, of funds on the company) for pensions, accident and for depreciation thereon after its re­ deposit with banks which have failed; death benefits, savings, relief, hospital, tirement from telephone service shall be assets of current character but of doubt­ and other provident purposes, when ad­ charged to this account and credited to ful value (note also § 31.1-11); revenue, ministered by trustees or managers act­ account 171, “Depreciation reserve,” and expense, and income items held in ing for the company. the accounting for its retirement from suspense (note also § 31.01-6); amounts * * * * * account 103 shall be in accordance with paid for options pending final disposi­ 18. In § 31.171, paragraph (a) is that applicable to telephone plant tion; the cost of preliminary surveys, amended to read as follows: retired. (Note also § 31.2-25.) plans, investigations, etc., made for de­ 21. Section 31.179 is amended to read termining the feasibility of construction § 31.171 Depreciation reserve. as follows: projects under contemplation. If the con­ (a) This account shall be credited with § 31.179 Other capital. templated projects are carried out, the amounts concurrently charged to ac­ preliminary costs shall be included in , paragraph (a) is the salvage recovered or the proceeds (fo) * * * amended to read as follows: from the sale of the property shall be in­ (8) “Taxes” includes social security cluded in account 360, “Extraordinary § 31.170 Provident reserve. and similar taxes on wages applicable to income credits,” or in account 370, “Ex­ plant construction and taxes on physical account shall include specific traordinary income charges,” as appro­ property during construction and before PPropnations of retained earnings and priate. In case the property had been the facilities are completed ready for amounts contributed by employees used in telephone service previous to its service which are assessed separately

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5118 PROPOSED RULE MAKING from taxes on operating property or and for operating property; and extraor­ Note A: Taxes which are not includible dinary and delayed income credits and in this account shall be accounted for as under conditions which permit separate provided in § 31.2-22 (b) (8), 31.179, 31.304, identification or allocation of the amount charges. The net balance in the income 31.306, 31.326, 31.327, 31.380, 31.402, or chargeable to construction. accounts shall be cleared to account 400, 31.413, as appropriate. * * * * * “Balance transferred from income Note B: Social Security taxes are higher accounts.” In the earlier months than in the later 25. In § 31.2-25, paragraphs (d), (f ), 28. Section 31.3-31 is amended to read months of the year as a result of taxes ceas­ and (g) are amended to read as follows: as follows: ing with respect to an employee once he has §31.2—25 Telephone plant retired. reached the established maximum of tax­ § 31.3—31 Income from sinking and able wages. This frequently results in * * * * * other funds. spreading such taxes in a manner incon­ (d) Land: The original cost of land sistent with the occurrence of labor charges When interest and other income aris­ during the year. In order to spread such retired shall be credited to account 211, ing from funds carried in account 104, “Land.” If the land is sold, the difference taxes in a more equitable manner, the taxes “Sinking funds,” account 136, “Provi­ applicable to the monthly payroll may be between such original cost and the sale dent funds,” or account 137, “Insurance charged initially to a clearing account under price (less commissions and other ex­ and other funds,” (note also account 314) account 139, “Other deferred charges,” and penses of making the sale) of the land are required by the mortgage or other credited to account 166, “Taxes accrued.” shall be credited to account 360, “Ex­ provisions to be held in the funds, they The clearing account shall then be credited traordinary income credits,” or debited shall be charged to those accounts. If each month and this account, plant under to account 370, “Extraordinary income such funds are represented by a reserve construction and other appropriate accounts charges,” as appropriate. If the land is shall be charged with such amounts as will established through reservations of re­ properly allocate the total estimated annual retained by the company and held for tained earnings, amounts so set aside Social Security taxes on the basis of the sale, its cost shall be charged to account shall be charged to account 415, “Reser­ relationship of the labor charges to opera­ 103, “Miscellaneous physical property.” vations of retained earnings,” and tions, construction and other accounts ***** credited to account 169, “Insurance re­ during the month to the estimated total (f ) The accounting for the retirement serve,” account 170, “Provident reserve,” annual payroll. of organization, franchises, patent rights, account 173, “Employment stabilization Note C: Special assessments for street and reserve,” or account 180, “Retained earn­ other improvements and special benefit and other intangible property shall be taxes, such as water taxes and the like, shall as provided for in the texts of account ings reserved,” as may be appropriate. be included in the operating expense ac­ 100:4, “Telephone plant acquisition ad­ § 31.305 [Revoked] counts or investment accounts, as may be justment,” account 172, “Amortization appropriate. reserve,” and account 370, “Extraordi­ 29. Section 31.305 is revoked. Note D: Discounts allowed for prompt pay­ nary income charges.” 30. New § 31.306 is added as follows: ments of taxes shall be credited to the ac­ (g) When telephone plant is sold to­§ 31.306 Federal income taxes— operat­ count to which the taxes are chargeable. gether with the telephone traffic associ­ ing. Note E: Interest on tax assessments which are not paid when due shall be included in ated therewith, the original cost of the (a) This account shall include the property diali be credited to the appro­ account 336, “Other interest deductions.” amount of Federal incomes taxes relat­ Note F: Taxes paid by the company under priate plant accounts and the estimated ing to telephone operations for the ac­ tax-free covenants on indebtedness shall amounts carried with respect thereto in counting period including the income be charged to account 340, “Other fixed the depreciation and amortization re­ tax effect of all items included in ac­ charges.” serve accounts shall be charged to such counts 300, 301, 302, 303, 307, 335, 336, Note G: Sales and use taxes shall be ac­ reserve accounts. The difference, if any, 338, 339, and 340. It shall also include counted for, so far as practicable, as a part of between (1) the net amount of such debit any income tax effects of dividends on the cost of the items to which the taxes and credit items and (2) the consider­ preferred stock charged to account 416. relate. ation received (less commissions and Note H: Taxes on rented telephone plant Taxes accrued through this account which are borne by the lessee shall be credited other expenses of making the sale) for prior to their payment shall be credited the property shall be included, if a credit, by the owner to account 524, “Bent reve­ to account 166, “Taxes accrued.” (See nues,” or to account 302, “Rent from lease in account 360, “Extraordinary income also §§ 31.304, 31.307, 31.326, 31.327, of operating property,” as appropriate, and credits,” and if a debit, in account 370, 31.380, 31.402, and 31.413.) shall be charged by the lessee to account “Extraordinary income charges.” The (b) Taxes should be accrued each 671, “Operating rents,” or to account 303, accounting for depreciable telephone month on an estimated basis and adjust­ “Rent for lease of operating property,” as plant sold without the traffic associated ments made as later data become avail­ appropriate. therewith shall be in accordance with able. Amounts so accrued shall be 32. In § 31.313, paragraph (d) is the accounting provided in § 31.171(b). credited to account 166, “Taxes accrued.” amended to read as follows: 26. In § 31.202, Note B is amended to Note A: No entries shaU be made in this read as follows: account to reflect interperiod allocation of §31.313 Interest income. ***** § 31.202 Franchises. taxes except as provided in Oase 26. ♦ * * * * Note B: Taxes not includible in this ac­ (d) There may be included in this count shall be accounted for as provided in account for each month the applicable Note B: Franchise taxes payable annually §§ 31.2-22(b) (8), 31.179, 31.304, 31.307, amount requisite .to extinguish, during or more frequently shall be charged to ac­ 31.326, 31.327, 31.380, 31.402, or 31.413, as count 307, “Other operating taxes.” appropriate. the interval between the date of acqui­ * * ♦ * % * sition and date of maturity, the differ­ 31. New § 31.307 is added as follows: ence between the purchase price and the 27. Section 31.3-30 is amended to read § 31.307 Other operating taxes. par value of securities owned, the income as follows: (a) This account shall include all from which is includible in this account. § 31.3—30 Purpose of income accounts. taxes, other than Federal income taxes, Amounts thus credited or charged shall be concurrently included in the accounts The income accounts (300 to 380, in­ relating to telephone operations. Among the taxes includible in this account are in which the securities are carried. Any clusive) are designed to show as nearly such difference remaining unextin­ as practicable for each calendar year the property, gross receipts, franchise, capital stock, Social Security (see Note guished at the sale or upon the maturity total operating revenues; operating ex­ and satisfaction of such securities shall penses; income and other operating taxes B), unemployment and the tax effect of be cleared to account 360, “Extraordinary of the company; the income from securi­ State and local income taxes on items included in accounts 300, 301, 302, 303, income credits,” or to account 370, “Ex­ ties owned; the net income from property traordinary income charges,” as not used in the company’s communica­ 306, 335, 336, 338, 339, 340, and from tion operations; amounts accrued for items included in this account. appropriate. interest costs; credits from interest (b) Taxes on telephone plant leased ***** charged to construction; miscellaneous to others shall be included in this ac­ 33. In § 31.314, paragraph (b) is income, expenses, and taxes; rents from count by the owner. (See also Note H.) amended to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5119

§ 31.314 Income from sinking and other receipts and similar taxes and any re­ § 31.370 Extraordinary income charges. funds. ductions in such taxes that are applica­ This account shall include charges to * * * * * ble to items includible in accounts 312, income resulting from nonrecurring (b) There may be included in this ac­ 313, 314, 315, 316, 323, and 326. (See par­ transactions that are not customary busi­ count for each month the applicable ticularly Note B to § 31.307.) ness activities of the company. amount requisite to extinguish, during (b) This account shall also include the interval between the date of acquisi­ taxes on miscellaneous physical property, ITEMS tion and the date of maturity, the dif­ taxes on wages not applicable to opera­ (Note § 31.01-8) ference between the purchase price and tions or construction, and all other taxes Debits from adjustments in connection the par value of securities held in sinking not provided for elsewhere. (See with the reacquisition of company bonds and or other funds. Amounts thus credited §§ 31.2-220» (8), 31.179, 31.304, 31.306, other evidences of debt. (Note §§31.1-13(b) or charged shall be concurrently included 31.307, 31.326, 31.380, 31.402, and 31.413.) and 31.1-15.) Losses of funds due to bank failures. in the accounts in which the securities Note A: Special assessments for street and Losses resulting from the resale of inter­ are carried. Any such difference remain­ other improvements and special benefit est-bearing company securities. ing unextinguished upon the maturity taxes, such as water taxes and the like, shall Losses resulting from the sale of land used and satisfaction of such securities shall be included in the operating expense ac­ in telephone service and from telephone plant be cleared to account 360, “Extraordinary counts or investment accounts, as may be sold with traffic. (Note § 31.2-25 (d) and income credits,” or to account 370, appropriate. (g).) “Extraordinary income charges,” as Note B : Discounts allowed for prompt pay­ Losses resulting from sale of land car­ ment of taxes shall be credited to the account ried in account 103 and from sale, destruc­ appropriate. to which the taxes are chargeable. * * * * * tion or retirement of depreciable property in Note C: Interest on tax assessments which account 103 that had not previously been 34. Section 31.316 is amended to readare not paid when due shall be included in used in telephone service. (Note § 31.174.) as follows: account 336,- “Other interest deductions.” Losses resulting from disposal of securi­ § 31.341 [Revoked] ties of others, except temporary cash invest­ § 31.316 Miscellaneous income. ments. (See § 31.323.) This account shall include all items, 39. Section 31.341 is revoked. Lump sum disposition of debit balances in not provided for elsewhere, properly § 31.342 [Revoked] account 100:4, “Telephone plant acquisi­ creditable to income. tion adjustment,” and in account 201, 40. Section 31.342 is revoked. “Organization.” ITEMS TO BE CREDITED § 31.343 [Revoked] Payments for abrogation of contracts. (Note § 31.01-8) Penalties and fines paid on account of vio­ Pees collected in connection with the ex­ 41. Section 31.343 is revoked. lations of statutes. change of coupon bonds for registered bonds. 42. New § 31.360 is added as follows: Provision for past unprovided for deprecia­ Profits from the telephone operations of § 31.360 Extraordinary income credits. tion. (Note § 31.171.) other companies realized by the company Write down or write off of securities owned under contracts. This account shall include credits to in recognition of a decline in value. (Note Profits realized from custom work per­ income resulting from nonrecurring §§ 31.1-11 and 31.1-12.) formed for others not incident to the com­ transactions that are not customary busi­ 45. New § 31.375 is added as follows: pany’s telephone operations. ness activities of the company. Profits realized on sale of temporary cash § 31.375 Delayed income charges. investments. ITEMS (Note § 31.01-8) This account shall include the amount § 31.322 [Revoked] of delayed charges applicable to operat­ Amounts to extinguish the credit balance ing revenue, operating expense and 35. Section 31.322 is revoked. in the discount, premium and debt-expense 36. Section 31.323 is amended to read accounts relating to long-term debt reac­ other income accounts that are excluded as follows: quired. (Note § 31.1-15.) as deductions from normal income for the current year by the provisions of § 31.323 Miscellaneous income charges. Amounts received for abrogation of con­ tracts by others. § 31.01-5. This account shall include all items Credits from adjustments in connection 46. New § 31.380 is added as follows: not provided for elsewhere properly with the reacquisition of company bonds and chargeable to income. § 31.380 Income tax effect of extraordi­ other evidences of debt. nary and delayed items— net. ITEMS TO BE CHARGED Forfeitures by others of deposits under options relating to the sale or lease of This account shall include all income (Note § 31.01-8) property. tax effects of items included in accounts Amortization of amounts included in ac­ Profits derived from the resale of interest- 360, “Extraordinary income credits,” count 201, “Organization.” bearing company securities. 365, “Delayed income credits,” 370, “Ex­ Contributions for charitable or social or Profits derived from disposal of securities traordinary income charges,” and 375, community welfare purposes. of others, except temporary cash investments. “Delayed income charges.” This account Cost of abandoned projects. (See § 31.316.) Current expenses of trustees in maintain­ shall also include the income tax effect Profits derived from the sale of unexpired of profits and losses from nonrecurring ing and administering trusts incident to out­ leases. standing debt of the company. transactions recognized for income tax Losses realized on sale of temporary cash Profits derived from the sale of land used purposes but for which no profit or loss investments. in telephone service and from telephone plant is recorded in the accounts. The records Uncollectible amounts -previously credited sold with traffic. (Note § 31.2-25 (d) and supporting the entries in this account »> ammnt8 312 to 316, inclusive. (See also (g).) shall be maintained with sufficient par­ s «J1 .1—11 and note to account 530.) Profits derived from the sale of. land car­ ried in account 103 and from the sale of ticularity to identify each amount in­ 37. New § 31.326 is added as follows: depreciable property in account 103 that had cluded herein with the extraordinary or delayed item to which it is attributable. § 31.326 Federal income taxes— nonop­ not previously been used in telephone serv­ erating. ice. (Note § 31.174.) 47. Section 31.4-40 is amended to read as follows: nfr^1^ account shall include the amount 43. New | 31.365 is added as follows: ederal income taxes and the reduc- § 31.365 Delayed income credits. § 31.4—40 Purpose of retained earnings accounts. 3 5 * such income taxes that are ap- This account shall include the amount <110010 ^ ms included in accounts The retained earnings accounts (400 ¿12, 313, 314, 315, 316, 323, and 327. of delayed credits relating to operating to 416, inclusive) are designed to pro­ 38. New § 31.327 is added as follows: revenue, operating expense, and other vide an analysis of all increases and de­ income accounts that are excluded from creases in the company’s retained § 31.327 Other nonoperating taxes. normal income for the current year by earnings or deficit during each calendar (a) This account shall include the the provisions of § 31.01-5. year resulting from (a) the operations amount of state and local income, gross 44. New § 31.370 is added as follows: and other transactions during the year

No. 48- FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5120 PROPOSED RULE MAKING reflected in net income after extraordi­ retained earnings reserved at the com­ Amounts of the character referred to in sub- nary and delayed items, (b) appropria­ pany’s discretion. paragraph (b) of the “statement of facts” shall be submitted to the Commission as re­ tions or other reservations of retained N ote: Amounts charged to this account eamifigs for specific purposes, (c) divi­ quired by § 31.100:4(c) (2). shall be concurrently credited to the appro­ c. In Case 11 of Appendix A, question and dends declared and (d) entries relating priate reserve accounts. answer (a) and question and answer (b) are to capital stock of the company which amended to read as follows: increase or decrease retained earnings. 55. In § 31.416, the head note and par­ No entries shall be made directly to ac­ agraph (a) are amended to read as fol­ Case 11-R-l (Cancels Case 11) count 181, “Unappropriated retained lows: * 4* * * 4s earnings.” The balance of accounts 400 § 31.416 Dividends declared. Question (a): May the cost to the merging to 416, inclusive shall be closed into ac­ company (A), at the time of the merger, of (a) This account shall include divi­ the total net assets taken over be determined count 181 at the end of each calendar dends declared on capital stock actually by adding to the amount which the A Com­ year. outstanding. pany paid for the B and C Companies’ com­ 48. Section 31.400 is amended to read * * * * # mon stocks the amounts of the now out­ as follows: standing investment advances made by it to 56. In § 31.530, the Note is amended to these subsidiaries, and deducting from this § 31.400 Balance transferred from in­ read as follows: come accounts. total the decrease in retained earnings suf­ § 31.530 Uncollectible operating reve­ fered by Companies B and C since 1933? This account shall include the net in­ nues— Dr. Answer (a) : Yes, for B Company, C Com­ come for the year after extraordinary * * * * * pany’s retained earnings should be adjusted and delayed income credits and charges to reflect its retained earnings at date of that is transferred to retained earnings. N ote: Uncollectible amounts which have acquisition of C Company by B Company. not been treated as operating revenues shall Question (b): Should the decrease in re­ As at the end of the year the balance be charged to account 323, “Miscellaneous in­ of all income primary accounts (300 to come charges,” 370, “Extraordinary income tained earnings of the two subsidiary com­ 380, inclusive) shall be closed into this charges,” or other appropriate account. panies since the respective dates of acquisi­ account. tion be charged directly against the retained 57. In § 31.673, Note B is amended to earnings account of the A Company? § 31.401 [Revoked] read as follows: Answer (b): Yes. 4: * 4: 4s * 49. Section 31.401 is revoked. § 31.673 Telephone franchise require­ 50. Section 31.402 is amended to read ments. d. Case 13 of Appendix A is deleted. as follows: * * * 4« * [F.R. Doc. 69-2989; Filed, Mar. 11, 1969; 8:49 a.m.] § 31.402 Miscellaneous credits to re­ Note B: Franchise taxes paid annually or tained earnings. more frequently shall be charged to account 307, “Other operating taxes.” This account shall include credits to 147 CFR Part 73 ] retained earnings arising from the re­ 58. In § 31.705, the Note is amended to [Docket No. 18476; FCC 69-207] acquisition and resale of the company’s read as follows: FM BROADCAST STATIONS capital stock which are not includible in § 31.705 Engineering expense. account 179 (note § 31.1-13 (d), (e), and ***** Table of Assignments, Doniphan, (f ) ) ; the amount of unclaimed divi­ N ote: Expenses included'in this account Mo., et al. dends; restorations to retained earnings incurred in connection with projects which of amounts previously appropriated are abandoned shall be cleared to account In the matter of amendment of §,73.202 therefrom; any income tax effect of 323, “Miscellaneous income charges.” (Note Table of assignments, FM Broadcast Sta­ items included in accounts 413 and 416; also § 31.139.) tions. (Doniphan, Mo., Princeton, W. Va., and any other amounts which the Com­ Auburn, Nebr., Cayce, S.C., Sallisaw, mission may approve or direct to be 59. In Appendix A to Part 31 Cases 2 Okla., Heber Springs, Ark., Preston, included herein. and 13 are deleted and Cases 10 and 11 Minn., Barnstable, Nantucket, and are amended as follows: § 31.410 [Revoked] Falmouth, Mass., Mineral Wells, Tex., Appendix A Fayette, Hartselle, and Talladega, Ala., 51. Section 31.410 is revoked. Mariposa, Calif., Greenville, Hartford, 52. Section 31.413 is amended to read INTERPRETATIONS OF THE ACCOUNTING RE­ Cadiz, Elizabethtown, Burnside, and as follows: QUIREMENTS CONTAINED IN THIS SYSTEM Greensburg, Ky., Flora, 111.), Docket No. OF ACCOUNTS § 31.413 Miscellaneous debits to retained 18476, RM-1356, RM-1359, RM-1360, earnings. a. Case 2 of Appendix A is deleted. RM-1364, RM-1368, RM-1373, RM-1374, b. Case 10 of Appendix A is amended RM-1376, RM-1377, RM-1378, RM-1379, This account shall include amounts to read as follows: RM—1382, RM-1383, RM-1389, RM-1390, arising from the reacquisition and resale RM-1391, RM-1414. of the company’s capital stock which Case 10—R—l (Cancels Case 10) 1. Notice is hereby given of proposed are not chargeable to account 179 (note statement of facts rule making in the above-entitled matter § 31.1-13 (d), (e), and (f) ) ; the amounts Amounts included in account 100:4, “Tele­ of capital-stock expense written off concerning amendments of the FM Table phone plant acquisition adjustment,” sub­ of Assignments in § 73.202 of the rules. which are not chargeable'to account 179 divided as provided in the text of the account, (note § 31.134:2) ; appropriations to non­ may include the following: All population figures are from the 1960 par stock accounts; any incoihe tax effect (a) Debit amounts with respect to one or U.S. Census, except as otherwise noted. of items included in account 402; and more transactions which in the opinion of 2. RM-1356, Doniphan, Mo. (Jack G. any other amounts the Commission may the carrier should be charged to account 370, Hunt); RM-1360, Phnceton, W. Va. approve or direct to be included herein. “Extraordinary income charges.” (Mountain Broadcasting Co.); RM-1374, (b) Credit amounts with respect to trans­ Auburn, Nebr. (Stereo ' Broadcasting, § 31.414 [Revoked] actions other than those reflected in the debit amounts mentioned in the preceding sub- Inc.); RM-1376, Cayce, S.C. (Lexington 53. Section 31.414 is revoked. paragraph, or of a different character, which County Broadcasters, Inc.); RM-1379, 54. Section 31.415 is amended to read have not been submitted to the Commission Sallisaw, Okla. (Big Basin Broadcasters, as follows: for its consideration. Inc.); RM-1383, Heber Springs, Ark. Question: May all or any of such credit {Newport Broadcasting Co.); RM-1391, § 31.415 Reservations of retained earn­ amounts be netted with all or any of such ings. Preston, Minn. (Obed S. Borgen). In the debit amounts and the resulting debit above cases, interested parties are seek­ This account shall include all reserva­ amount charged to account 370 or amortized, ing the assignment of a first Class A tions of retained earnings required under without further direction or approval, as pro­ channel in a community without requir­ the terms of mortgages, deeds of trust, vided in § 31.100:4(c) (1). Answer: No. Only amounts referred to in ing any other changes in the Table. All orders of courts, or regulatory author­ subparagraph (a), aforementioned, may be proposed assignments are alleged and ities, contracts, or other agreements, and treated as provided in § 31.100:4(c) (1). appear to meet the minimum separation

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5121 requirements of the rules. The commu­ Nantucket. Regarding the choice of a generation of a second harmonic within nities range in size from 1,421 persons for replacement channel for Nantucket, TV receivers themselves when in the Doniphan, Mo., to 8,517 for Cayce, S.C. petitioner points out that the community presence of a strong fundamental FM They all appear to warrant the requested has a population of 2,804 persons, that signal and (2) by direct radiation of the assignments and so comments are invited the entire island has an area of only 46 second harmonic from a nearby FM sta­ on the following additions to the table: square miles containing a total popula­ tion. The opposition states that it does Channel tion of 3,484 persons, and that it has no not oppose assignment of any other FM City No. AM or PM assignment, other than the channel at Mineral Wells that does not Doniphan, Mo______249A unused Channel 260. Cape Cod suggests offer potential interference to the recep­ Princeton, W. Va______240A that, in view of Nantucket’s limited area tion of WFAA-TV in the area. Accord­ Auburn, Nebr______288A and population, a maximum Class A ingly, a counterproposal is submitted by Cayce, S.C______*_ 244A facility appropriately situated could pro­ Bello to assign Channel 240A to Mineral Sallisaw, Okla____ l_____ 240A vide a 1 mv/m contour over the entire Wells by the following means: Heber Springs, Ark______244A Preston, Minn______276A island, and that, although a Class B and several Class A channels are available Channel No. City 3. RM-1359. Barnstable and Nan­ for assignment to Nantucket, it is shown Present tucket, Mass. On October 15, 1968, Cape that Channel 228A could be assigned Proposed Cod Broadcasting Co., prospective appli­ there without causing preclusion on Abilene, Tex______...... 239 290 or 300 cant for a*new PM station at Barnstable, Channels 225 through 231 to any other Mineral Wells, Tex...... 240A Mass., filed a petition (supplemented on land area, thus providing the ultimate Oct. 31,1968) requesting the assignment in allocation efficiency. A supporting engineering study to the of Class B Channel 260 to Barnstable by 5. The petitioner submits numerous counterproposal indicates that all sug­ deleting it from Nantucket, where it is statistical data on population growth, gested changes will meet the separation neither occupied nor applied for, and employment, industry, social, religious, requirements of the rules. Channel 239 substituting 228A or 284 therefor, as civic and educational activities to sup­ to be deleted at Abilene, is neither occu­ follows: port its contention that the town of pied nor has an application pending. In Barnstable is the geographic, political, a statement of conciliation, the Mineral Channel No; City social, and economic center of the entire Wells proponent states that the counter­ Present Proposed Cape Cod area. It is urged that Barn­ proposal offered by Bello is acceptable so stable’s status as the major political sub­ long as a Class A channel can be assigned Barnstable, Mass...... 260 division and site of its county seat serve to Mineral Wells. Nantucket, Mass...... 260 228A or 284 to support the community’s need for its 9. While second harmonic interference own local outlet. to TV reception is basically a problem of Barnstable, with a population of 13,465 6. We are of the view that petitioner transmitter and receiver design and is persons, is located in Barnstable County has made sufficient showing to warrant not ordinarily a factor in the assignment on Cape Cod, Mass.1 Barnstable County institution of rule making proceeding on of FM channels, we have, on occasions, has a population of 70,286 and includes, the proposal to assign Channel 260 to made changes in proposals on this basis, essentially, all the land area generally Barnstable. We are, therefore, inviting where a simple solution acceptable to all referred to as Cape Cod. There are pres­ interested parties to file pertinent com­ parties concerned is available. We note, ently three aural facilities operating on ments and data on the proposal. Since moreover, that assignment of Channel Cape Cod (Barnstable County) : WCOD- no interest has been shown in activating 221A at Mineral Wells could possibly FM, a Class B PM station at Hyannis the Class B channel at Nantucket since have an impact on potential assignments (population 5,139), and WOCB-AM/FM, its assignment there (Docket 15256, FCC on educational Channels 218, 219, and a Class IV AM and Class B PM com­ 64-515), and further since it appears 220 in the area in connection with a na­ monly-owned combination at West Yar­ that a Class A channel would adequately tionwide educational table of assign­ mouth (population 1,365) .B serve the Island, if the Barnstable as­ ments presently under consideration 4. The engineering statement accom­signment is adopted, we propose to re­ (Docket 14185), and an alternate for panying Cape Cod’s petition states that place the Nantucket assignment with Channel 221A is desirable for this reason no Class B channel is available to Barn­ Channel 228A in absence of convincing also. Accordingly, we are inviting com­ stable without making other changes in comments and showings that a Class B ments o^, the counterproposal to assign the Table. The engineering study shows channel should be reassigned. Channel 240A to Mineral Wells and to that Channel 260, if shifted from Nan­ 7. RM-1364. Mineral Wells, Tex. On substitute either Channel 290 or 300 at tucket, will meet the spacing require­ October 31, 1968, E. H. Hall, B. L. Hall, Abilene. ments in Barnstable. Similarly, it is and R. E. Harbus filed a joint petition 10. RM-1368. Fayette, Hartselle, and shown that either Channel 228A or 284 looking toward the assignment of FM Talladega, Ala. In a petition filed Novem­ could be used satisfactorily at Nantucket Channel 221A to Mineral Wells,“ Tex. ber 7, 1968, and supplemented Novem­ as a replacement. It is further shown Mineral Wells has a population of 11,053 ber 27,1968, Talladega Broadcasting Co., that, because of existing assignments in persons, and is the largest community Inc., Talladega, Ala., requests modifica­ the area, no preclusion impact would re­ of Palo Pinto County, located about 45 tion of the Table of Assignments so as to sult to any community on any of the miles west of Fort Worth, Tex. The com­ assign Channel 224A to each of Fayette, pertinent adjacent channels (257A munity has one AM daytime station but Hartselle, and Talladega, Ala., by delet­ through 263) if the proposed shift of no FM assignment. ing Class C Channel 225 from Fayette, Channel 260 were adopted, nor would 8. An opposition to the assignment of as follows: any land area or additional communities Channel 221A at Mineral Wells was filed oe precluded from Channel 260 over that Channel No. by A. H. Bello Corp., licensee of TV Sta­ City Presently caused by its assignment at tion WFAA-TV, Channel 8, Dallas, Tex., Present Proposed on the alleged possibility that inter­ ,,^1The Place Barnstable referred to herein ference may result to the reception of Fayette, Ala...... -...... 226 224A unless otherwise indicated, is intended U WFAA-TV in the Mineral Wells area Hartselle, Ala_____ ...... 224A mean the. town of Barnstable, a political sub due to second harmonic interference. Talladega. Ala_____ ' ______924 A °f Barnstable County, which in. Bello contends that WFAA-TV includes the following unincorporated place; Fayette, with a population of 4,227, ,the town limits: Hyannis (5,139) Mineral Wells within its Grade B con­ (1,094)> Hyannis Port, Wes tour and is viewed in the area, and that is the largest community and county seat I f 01*4’ Craigvi11®. Centerville Cotuit the second harmonic of Channel 221A of Fayette County, which has a popula­ Barnstable, and West Barnstable. (2x92.1 mc/s=184.2 mc/s) would fall tion of 16,148. Fayette has one daytime alsaftrtrt^«1377 and HM—1389 proposing t< within Channel 8 assigned to WFAA-TV AM station; the single FM Channel 225 Barntfaw8, FM channel to Falmouth ii (180-186 m c/s). Bello submits that such presently assigned there is unoccupied Barnstable County in this proceeding. Interference could be caused by (1) the and unapplied for. Hartselle, having a

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5122 PROPOSED RULE MAKING population of 5,000 and located in Mor­ lated contours used in making the “white plication for Channel 270 under the “15- gan County, population 60,454, has one area” showing; however, it does appear mile” rule (73.203(b)). AM daytime station, but no PM assign­ that a first FM service would become 19. In support of its petition, Christo ments. Talladega, where petitioner is li­ available to a significant area if based on submits that the community and its censee of Station WEVY (AM daytime- 1 mv/m contours properly determined. county are increasing in population at a only) , has a population of 17,742 and is Although petitioner indicates that it significant rate over and above increas­ the county seat of its county (population would provide a 25 kw. facility, the an-, ing tourism in the area and that, al­ 65,495) and has one fulltime and one tenna height above average terrain is not though there are AM and PM stations daytime AM station, but no PM assign­ stated. operating at West Yarmouth and ment. None of the named communities 15. The proposed assignment appears Hyannis, as well as a pending petition are included within a metropolitan or ur­ to satisfy the spacing requirements of to assign an FM channel to Barnstable4 banized area. Because of the spacing re­ the rules and a study is furnished from (all located on Cape Cod), the Cape Cod quirements of the rules, assignment of which petitioner concludes that assign­ area surrounding Falmouth Still has a Channel 224A to each of the communi­ ment of Channel 284 to M%riposa would need for a locally oriented facility of the ties is contingent upon deletion of Chan­ not adversely affect assignment of the type its proposal would provide. The peti­ nel 225 from Payette. proposed or six adjacent channels in the tioner also claims that the assignment 11. The petitioner submits that its general area. would permit a local service to nearby proposed changes would permit the es­ 16. Ordinarily, a community having Martha’s Vineyard. It is finally urged tablishment of a first PM outlet in three the limited size of Mariposa would only by Christo that, since the land area to communities, provide a second and first be considered for a Class A channel as­ which Channel 270 may be utilized is fulltime aural outlet for the largest com­ signment. However, in view of the rela­ limited to the immediate area of Fal­ munity, Hartselle, and still retain a tively isolated location of the community mouth, the channel would likely lie fallow channel at Payette to meet its needs. The in a sparsely populated mountainous if its assignment to Falmouth is not petition is accompanied by an engineer­ area, the facilities planned and the adopted. Falmouth’s brief petition does ing study representing that all the pro­ “white area” that it appears will be not acknowledge Christo’s earlier pro­ posed assignments would conform to served, we are inviting comments by all posal for a Class B assignment, nor is any spacing and technical requirements of interested parties on petitioner’s proposal data submitted supporting its Class A the rules, providing a site for the Talla­ to assign Channel 284 to Mariposa, Calif. proposal, except for the mere statement dega assignment is located about 3 miles Since our decision in this case will be that the spacing requirements are met. southwest of that community so as to largely influenced by the gain in areas 20. In view of the data submitted by meet the adjacent channel spacing re­ that may be expected to receive a first Christo, we are of the opinion that Fal­ quirement with Station WGKA-FM, PM service, the minimum facilities (ef­ mouth is of sufficient size and importance Channel 225, Atlanta, Ga. fective radiated power and antenna to merit institution of a rule making pro­ 12. It appears that each of the com­ height above average terrain) that pro­ ceeding looking toward the assignment munities named is large enough to war­ ponents anticipate applying for, if the of a first local FM outlet to the commu­ rant a first PM assignment. We are of/ proposal is adopted, should be furnished nity. However, based upon the petitions the view; therefore, that rule making in appropriate comments. and data before us, we are not of the should be instituted in this case in order 17. RM-1377 and RM-1389. Falmouth, opinion that Falmouth warrants assign­ that all interested parties may submit Mass. Separate petitions were received ment of two PM channels, particularly their views with supporting data. Ac­ from two prospective PM applicants at since the channels proposed, if adopted, cordingly, comments are invited on the Falmouth, Mass., each requesting rule would involve intermixture of Classes A proposal as outlined above. making to assign a different PM channel and B channels in the same community, 13. RM-1373. Mariposa, Calif. In a pe­ to Falmouth. The first petition, filed No­ a result we have attempted to avoid tition received October 21, 1968, and vember 22, 1968, by Paul A. Christo pro­ where possible. Accordingly, our decision supplemented on November 27, 1968, poses assignment of Class B Channel 270. in this case will be limited to considering Northern California Stereocasters, li­ The second petition, filed December 31, either a Class A or B channel for Fal­ censee of KVPS(PM), Vacaville, Calif., 1968, by Falmouth Broadcasting Co., Inc., mouth, but not both. We are, therefore, seeks assignment of Class B Channel 284 requests assignment of Class A Channel inviting comments and pertinent data on to Mariposa, Calif. Mariposa has a popu­ 240A. Falmouth is located in the extreme petitioners’ proposals to assign either lation of 550 persons (Rand McNally & southwest area of Cape Cod in Barn­ Channel 240A or 270 to Falmouth, Co., Commercial Atlas (1962)), and is the stable County.® Falmouth, with a popula­ Mass. county seat of Mariposa County, which tion of 13,037, is located in Barnstable. 21. ' RM-1378. Greenville, Hartford, has a population of 5,064. There are pres­ County, which has a population of 70,286. Cadiz, and Elizabethtown, Ky. In a joint ently no AM or FM assignments in Mari­ The community has neither FM channels petition filed November 29, 1968, Hay­ posa County. A large portion of the nor AM stations assigned. ward F. Spinks and Barkley Lake Broad­ county lies within the boundaries of Yo- 18. ' Both petitioners submit that theircasting Co., Inc., request rule making so semite National Park. respective channel proposals will meet as to design a first Class A channel to 14. The petitioner submits that Mari­ the spacing requirements of the rules, each of Hartford and Cadiz, Ky., by con­ posa has a current population of 1,750 to which we concur. Christo’s petition comitant changes in other communities persons, a 125 percent increase over the contains a preclusion study for Channel as follows: 1960 census report. In support of the 270 and the pertinent six adjacent chan­ proposal for a Class B in lieu of a Class nels, from which it is determined that Channel No. A channel, petitioner urges that a Class City (all in Kentucky) Channels 269A, 270, and 272A would be Proposed B facility is necessary in order to better precluded from assignment to limited Present penetrate and to provide FM service to a land areas if the channel were assigned 292A ' wide unserved area (“white area”) in the as proposed..However, the areas so in­ Hartford_____ ...... 292A rough and mountainous terrain common volved would not include any community Cadiz...... 292A* to the Mariposa-Yosemite National with a population greater than 2,100 that Elizabethtown...... 292A 261A Park area. A showing is provided indicat­ does not already have an PM assignment, ing that substantially greater “white *A site for this assignment would need to be located petition for a new assignment pending, about 1 mile northeast of Cadiz in order to meet spacing and grey” areas, located generally to the or that would not be eligible to make ap- requirements of the rules. east of Mariposa, would be served by an anticipated 25 kw. Class B operation over Hartford, population 1,618, is the county that obtainable from a maximum Class 8 The place Falmouth, as referred to herein, seat and second largest city of Ohio A facility. The showing is represented as unless otherwise indicated, is intended to County, population 17,725. Ohio County mean the town of Falmouth, a political sub­ presently has no FM or AM stations being based upon assuming reasonable division of Barnstable County, which in­ facilities for both all unoccupied and op­ cludes the following unincorporated places eration PM assignments in the area. We within the town limits: East Falmouth 4 See RM-1359 proposing assignment of do not agree with the petitioner’s calcu­ (1,655) and Falmouth (3,308). Channel 260 to Barnstable in this proceeding.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 PROPOSED RULE MAKING 5123 operating; however, a daytime AM sta­ parties should discuss this aspect of the than either Flora or Salem and has no tion was recently authorized for Hart­ matter.® local aural outlet. ford to Mr. Spinks, one of the petitioners 25. RM-1382. Flora, III. On Decem­ 29. Ordinarily, both Salem and Flora herein. Cadiz, population 1,980 persons, ber 20,1968, a petition was received from are of sufficient size to be considered for is the county seat and largest community Thomas S. Land and Bryan Davidson, a first Class A FM assignment, not­ of Trigg County, population 8,870. The doing business as Salem Broadcasting withstanding their current involvement only aural outlet in Trigg County is a Co., Salem, HI., seeking amendment of in a competitive hearing proceeding. daytime-only station operated by the the table to assign either Class A Chan­ Because of the limited size of Flora, how­ other petitioner (Barkley). nel 265A or 280A, or both, to Flora, 111. ever, we are of the opinion that our 22. The first PM channel assignments 26. Petitioner is an applicant (BPH- consideration should be limited to one sought for Hartford and Cadiz would re­ 6321) for a new station at Salem, speci­ assignment. From the data presently be­ quire deletion of Channel 292A from fying the sole Channel, 249A, assigned fore us, Channel 280A appears to offer Greenville (population 3,198) and sub­ to Salem. Two other competitive appli­ less preclusion impact than Channel stitution of Channel 261A for 292A at cations are pending (BPH-6200 and 265A, and is therefore to be preferred. Elizabethtown. The Greenville assign­ BPH-6278) for use of the same channel Accordingly, we are inviting comments ment is unoccupied.5 A construction per­ at Flora. The latter applications were on petitioner’s proposal as outlined above mit was recently authorized for Channel filed under the former “25-mile” rule in order that all interested parties may 292A at Elizabethtown (BPH-6072). The (73.203(b)), since Flora and Salem are submit their views and relevant data. petition includes a letter from the per­ 25 miles apart. The three applications, Any provisions for amending or remov­ mittee, Hardin County Broadcasting Co., being mutually exclusive, have been des­ ing applications from hearing will be that it has no objection to a change in ignated for hearing in a consolidated determined after the decision is reached its channel assignment, providing it does proceeding, Dockets 18288-90. as to whether an assignment should be not need to incur any expense in filing 27. Flora has a population of 5,331 and made to Flora. an application or other data for the is the largest community of Clay County, 30. RM-1390. Burnside, Ky. Leon changes, the expense of which the peti­ which has a population of 15,815, There Jasper filed a petition on Januray 2,1969, tioners have agreed to bear. As regards are presently no AM or FM assignments requesting assignment of Class A Chan­ to deletion of Channel 292A from Green­ in Clay County, although an application nel 285A to Burnside, Ky. Burnside is a ville, the petitions submit that the com­ is pending for a new daytime AM station community of 575 persons located in munity would not be left without a local at Flora by one of Flora FM applicants. Pulaski County, population 34,403. The service, since it is located but 4 miles Salem is a community of 6,165 persons community is located less than 7 miles from Station WNES-FM, Central City, and is the county seat of Marion County, from Somerset, which has a population a Class C station operating on Channel population 39,349. The single AM station of 7,112 and is the county seat of 270 with 50 kw. effective radiated power, (daytime) at Salem is licensed to Pulaski County. Burnside has no AM or which includes all of Greenville within petitioner. FM asignments, but there are three sta­ its 3.16 mv/m contour (city grade). In 28. The petitioner submits that allo­ tions operating in Pulaski County, all addition, petitioners point out tha't there cation of one or both of the channels in Somerset: One Class A FM, an un­ are two daytime stations at Central City, available to Flora would meet the de­ limited-time AM and a daytime-only which provide an excellent signal at mands for the service at Flora, as evi­ AM. Greenville. Greenville also has its own daytime AM station. denced by two pending applications 31. It appears that Channel 285, if there, and that it would permit use of assigned to Burnside, would be pre­ 23. The petitioners support their pro­ the channel originally assigned to Saleni cluded from use in a number of larger posals for a first PM channel at Hart­ by the Salem applicant (petitioner). It Kentucky communities without an FM ford and Cadiz with data concerning the is further urged that adoption of the or AM assignment, including the fol­ social, industrial and production char­ proposal would simplify the pending lowing: East Somerset (3,645), Albany acteristics of their communities and re­ hearing proceeding referred to above (1,887), Manchester (1,868), Burkes- spective counties and urge that the and foster the purposes of 307(b) of the ville (1,688), and Mount Vernon (1,177). proposed changes will not disturb or de­ Act. The petition is supported by an All the communities listed, except East prive other communities of local service, engineering study demonstrating that Somerset, are county seats of their and that if the channels are assigned, Channels 265A and 280A will satisfy all respective counties. they are prepared to file applications for spacing requirements at Flora. In ad­ their use. 32. Although we are not convinced by dition, a preclusion study for each chan­ petitioner’s showing that sufficient need 24. We are of the view that the peti­ nel is furnished, from which it is shown has been demonstrated for an assignment tioners’ proposals—providing a first as­ that there would be involvement of the to Burnside in view of its very limited signment to two communities—warrant two sets of six adjacent channels perti­ size and the other services which appear rule making. We are, therefore, inviting nent to Channels 265A and 280A. The to be available to it, we are nevertheless comments and supporting data from all preclusion area for Channel 280A does inviting comments on the proposal so interested parties on the proposals as not contain any community of compa­ that all interested parties may have an outlined above. However, we are also rable or greater size than Flora or Salem opportunity to file comments and rele­ reluctant to remove the only channel as­ that does not also have an FM or AM vant data. Also, because of the small size signed to a community, here Greenville, assignment. Assignment of Channel 265A of Burnside, we are inviting counterpro­ Particularly where a demand has been would preclude use of the channel at shown for it in the past. Commenting posals and comments from parties in­ Pana, population 5,432, which is larger terested in having the channel assigned to one of the larger communities men­ B Station WKYP—PM, Greenville, was origi­ 6 A conflicting petition, RM-1414, request­ tioned above. nally constructed in 1962 on Channel 266. ing the assignment of Channel 261A to 33. Authority for the adoption of the The station’s facilities were destroyed by fire Greensburg, Ky., a community of 2,334, as amendments proposed herein is con­ in 1966 and subsequent to the loss of the its first FM assignment without requiring tained in sections 4 (i), 303, and 307(b) station, its license was modified in July 1967 any other changes in the table, was filed Feb. 24, 1969, by Virgil A. Price and E. J. of the Communications Act, as amended. to specify operation on Channel 292 (Docket Milby. Since the Greensburg petition con­ 34. Pursuant to applicable procedures 17282, lo RR. 2d 1573). The station never flicts with the proposed substitution of set out in § 1.415 of the Commission’s returned to the air and the WKYP renewal Channel 261A for 292A at Elizabethtown, Ky., rules, interested persons may file com­ of license application was dismissed and call it will be considered in this proceeding along ments on or before April 14, 1969, and etters deleted on Aug. 26, 1968. No applica- with the proposed changes for the various reply comments on or before April 24, ion is pending for use of Channel 292A at Kentucky communities described above Greenville. (RM-1378). Comments are therefore invited 1969. All submissions by parties to this on the Greensburg proposal also. proceeding or persons acting in behalf

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 [ 5124 PROPOSED RULE MAKING of such parties must be made in written comments, reply comments, or other ap­ propriate pleadings. 35. In accordance with the provisions of § 1.419 of the rules, an original and 14 copies of all comments, replies, plead­ ings, briefs, and other documents shall be furnished the Commission. Adopted: March 5,1969. Released: March 6,1969. F ederal Communications Com m ission,7 [seal] B en F. W aple, Secretary. [F.R. Doc. 69-2990; Filed, Mar. 11, 1969; 8:49 a.m.]

i Commissioner Bartley absent; Commis­ sioner Cox dissenting to proposal for Burn­ side, Kentucky.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5125 Notices

part of the Sitgreaves National Forest T. 3 N„ R. 20 E., DEPARTMENT OF THE INTERIOR and would be subject to all laws and reg­ Secs. 13 and 14; ulations applicable to said national Sec. 15, lot 1 and lot 2, except the west 330 Bureau of Land Management forest: feet of the south 330 feet; also, that part of lot 3 described as beginning at the [Serial No. A-58] Gila and S alt R iver Meridian, Arizona- north quarter corner sec. 15, which is ARIZONA T. 13 N., R. 12 E„ the northeast corner of said lot 3; thence Sec. 1, lots 1, 2, 3, 4, and S%Ni4; west 330 feet; thence south 330 feet; Notice of Partial Termination of Secs. 11,13, and 21. thence east 330 feet; thence north 330 Classification feet to point of beginning; also, E14SE14, The areas described aggregate approxi­ Ey2w y2SEi4 , Ey2wy2wy2SEi4 , sw y4 March 5, 1969. mately 2,242 acres in Coconino County. Nw^sw^SEyt, wy2 sw 14 sw 14 se 14; Pursuant to section 2 of the Act of For a period of 30 days from the date Sec. 22, parts of the NW^NE1^ * and NE14 September 19, 1964 (43 U.S.C. 1412), of publication of this notice, all persons NWy4 described as beginning at a point who wish to submit comments, sugges­ 2,070 feet west of the northeast corner classification published December 24, of said sec. 22; thence south 440 feet; 1966 (31 F.R. 16502) classifying public tions, or objections in connection with thence west 710 feet; thence north 440 lands for disposal in satisfaction of valid the proposed withdrawal, may present feet; thence east 710 feet along the north scrip rights pursuant to section 3 of the their views in writing to the undersigned section line of said sec. 22 to the point Act of August 31, 1964 (78 Stat. 751) is officer of the Bureau of Land Manage­ of beginning; terminated effective upon publication of ment, Department of the Interior, 3022 Secs. 22 and 23, that part Of NE^NEi4, this notice, as to the lands described Federal Building, Phoenix, Ariz. 85025. sec. 22, and Ny>N%, sec. 23, described as below: If circumstances warrant it, a public beginning at the northeast corner sec. For satisfaction of Valid Soldiers’ Ad­ hearing will be held at a convenient time 23; thence south 1,320 feet along east and place which will be announced. section line; thence west 3,186.70 feet; ditional Homestead, Isaac Crow, Merritt thence north 200 feet; thence N. 72° 12' W. Blair, and Forest Lieu Claims. The determination of the Secretary on W., 2,191.62 feet; thence N. 55°47' W., Gila and Salt River Meridian, Arizona the application will be published in the 800.18 feet;' thence east 5,935.05 feet to F ederal R egister. A separate notice will place of beginning; T. 15 S., R. 10 E„ be sent to each interested party of sec. 23, sy2NE%, s e ^ n w %, sy2sy2, Sec. 25, NE%; record. NE14SE14; Sec. 35, NEi4SW%, S&SW&; and SE%. .Secs. 24 to 26, inclusive; T. 16 S., R. 10 E„ Dated: March 5,1969. Secs. 34 to 36, inclusive. Sec. 10, lots 1 and 2, N^NE%, and SEy, T. 1 N„ R. 21 E„ NE14; R iley E. F oreman, Sec. 11, N%. Acting State Director. Secs. 4, 5, and 6 (unsurveyed), those parts T. 15 S., R. 11 E„ lying north of a line 400 feet south of [F.R. Doc. 69-2949; Piled, Mar. 11, 1969; and paralleling the surveyed centerline Sec. 31, lots 1, 2, 3, 4, and 5, Ey>NW% and 8:45 a.m.] NE%SW%. of existing Greendale Junction—Manila Forest Highway Project No. 37 (State The areas described aggregate 1,254.94 Route No. 44). acres. T. 2 N., R. 21 E., Subject to valid existing rights, any Secs. 1 to 36, inclusive, except those parts DEPARTMENT OF AGRICULTURE of secs. 33 to 36, inclusive, south of a line petition-application filed for the lands 400 feet south of and parallel to the will be considered on its merits in ac­ Office of the Secretary surveyed centerline of Greendale Junc­ cordance with existing laws and regula­ FLAMING GORGE NATIONAL REC­ tion—Manila Forest Highway Project No. tions. The lands will not be' subject to 37 (State Route No. 44). occupancy or disposition until they have REATION AREA, UTAH AND WYO. T. 3 N., R. 21 E., been classified. Description of Exterior Boundary Secs. 13 to 36, inclusive. Inquiries concerning the lands should T. 1 N„ R. 22 E„ be addressed to the State Director, Bu­ Pursuant to the requirements of sec­ Sec. 5, WyjNEyj, E^NWi/4. reau of Land Management, 3022 Federal tion 3 of Public Law 90-540 (82 Stat. 904 T. 2 N„ R. 22 E., Building, Phoenix, Ariz. 85025. a detailed description of the boundary Secs. 1 to 21, inclusive; Sec. 22, N14, wyjSW}4; R iley E. F oreman, of the Flaming Gorge National Recrea­ Secs. 23, and 24; Acting State Director. tion Area is that boundary which encom­ Sec. 27, wy2NW%; passes the following described lands: Sec. 28, Ntf-, Wy2SWy4; [F.R. Doc. 69-2948; Piled, Mar, 11, 1969; Secs. 29 and 30; 8:45 a.m.] U tah Sec. 31, Ny2, Ny2sy2, Ny-SW^SE^, SE14 SALT LAKE MERIDIAN SE%; Sec. 32, W y2. [A 3590] T. 2 N„ R. 19 E„ Sec. 1, Sy2; T. 3 N., R. 22 E., ARIZONA Secs. 18 and 19; Sec: 12, N%; Sec. 29, SWi4; Notice of Proposed Withdrawal and Sec. 24, SE14 NE 14, Ei/2SE%. Secs. 30, and 31; Reservation of Land T.1N„ R. 20 E„ Sec. 32, W^.SEiA; ' Secs. 1 to 5, inclusive, 9, and 10 (unsur­ Sec. 33, sy2; The Forest Service, U.S. Department of veyed) , those parts lying north of a line Sec. 34, S y2. Agriculture has filed an application, 400 feet south of and paralleling the sur­ T. 2 N„ R. 23 E„ Serial No. A 3590, for the withdrawal of veyed centerline of existing Greendale Sec. 6, Sy2SW%; lands under the Act of July 9, 1962 (76 Junction—Manila Forest Highway Proj­ Secs. 7, and 8; Stat. 140; 43 U.S.C. 315g-l). ect No. 37 (State Route No. 44). Sec. 9, S^; T. 2 N., R. 20 E„ Sec. 10, S%; Subject to valid existing rights the fol- Secs. 1 to 4, inclusive; Sec. 1 1 , sy2; . owrng described lands, acquired in an Sec.5,Ei/2,S^SWiA; Sec. 12, S y2; exchange made pursuant to section 8 of Sec. 6, Sy2; Secs. 13 to 16, inclusive, those parts lying ine Taylor Grazing Act of June 28, 1934 Secs. 7 to 17, inclusive; Secs. 19 to 29, inclusive; north of the South meander line of the <48 Stat. 1272; 43 U.S.C. 315g) as Sec. 30, NE 1,4, Ey2NW%; Green River; amended, would be added to and made a Secs. 32 to 36, inclusive. Secs. 17 to 20, inclusive.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5126 NOTICES

T. 2 N., R. 24 E„ T. 15 N., R. 108 W., the definition of that term contained in sec. 7, sy2; Secs. 1 to 4, inclusive; section 302 of the Act, as amended (7 Secs. 18, and 19, those parts lying north of Secs. 10 to 15, inclusive; U.S.C. 202), and notice was given to the the south meander line of the Green Sec. 16,SEi,4; owners and to the public by posting no­ River. Secs. 21 to 35, inclusive. tices at the stockyards as required by said Wyoming T, 16 N., R. 108 W., Sec. 5, wy2NE%, Wi/2, NW&SE&; section 302. SIXTH PRINCIPAL MERIDIAN Secs. 6 to 8, inclusive; Name, location of stockyard, and T. 17 N., R. 106 W., sec. 15, sy2sw%, wy2swy4SE%; date of posting Sec. 4, w y2SWi/4; Secs. 16, and 17; Connecticut Sec. 5, Sy2; Sec. 18, Ny2Ny2; Sec. 6; Secs. 20, and 21; Canaan Sales Stables, East Canaan, Jan. 14, Sec. 7, NEi/4NEi4, N%NW%NE%; Sec. 22, wy2, Wy2Ey2, Si/2SEy4SEy4; 1969. Sec. 8; sec. 23, sy2sw y4sw y4, s w ^ s e ^ s w ^ , Florida Sec. 9, Wi/2; w y2 SE%SE%SW%; South Florida Horse Auction, Hialeah, Sec. 16, wy2wy2; * Sec. 26, wy2; Feb.6,1969. Sec. 17, 18, and 19; Secs. 27, and 28; Michigan Sec. 20, N ^ , SW%; Sec. 33, Ey2; Sec. 21, wy2NWi4; Secs. 34 to 36, inclusive. Hillsdale County Sales Pavilion, Jonesville, Sec. 29, W%; T. 17 N., R..108 W., Jan. 24,1969. Secs. 30, and 31; See 32* P ennsylvania Sec. 32, Wy2. Sec! 33,’sy2SWi,4, SW ^SE^. T. 18 N., R. 106 W., T. 12 N., R. 109 W., Hickory Auction and Sales, Inc., Hickory, Sec. 31, that part lying south of the north Secs. 23, and 26, those parts lying east of Jan. 25,1969. meander line of the Green River. the lin e described as beginning at corner South Carolina T. 12 N„ R. 107 W., No. 4 of tract No. 38 in sec. 25 on the Secs. 18, and 19. State line between Utah and Wyoming; Central Carolina Livestock Market, Inc., Lugoff, Feb. 24,1969. T. 13 N„ R. 107 W., thence S. 89°41' W., 30.50 chains along Secs. 6, 7, 18,19, 30, and 31. said State line to a point on the south Done at Washington, D.C., this 5th day T. 14 N., R. 107 W., boundary of said tract No. 38; thence of March 1969. Sec. 6, WVi; north 5 chains; thence S. 89°41' W., 20 Sec. 7, wy2; chains; thence north 5 chains; thence G. H. Hopper, Secs. 18,19, 30, and 31. 5. 89°41' W., 10 chains to a point on Chief, Registrations, Bonds, and the west boundary line of said tract No. Reports Branch, Livestock T. 15 N„ R. 107 W„ 38 which is 10 chains north of corner Secs. 4 to 8, inclusive; No. 5; thence north along west boundary Marketing Division. Sec. 9, wy2; line of said tract No. 38, 5.33 chains to a [F.R. Doc. 69-2972; Filed, Mar. 11, 1969; Sec. 18; point on the west line of said tract No. 8:47 a.m.] Sec. 19,Ny2. 38 whioh is 8 chains south of corner No. T. 16 N., R. 107 W., 6, also common to corner No. 1, tract Secs. 1 to 3, inclusive; No. 39; thence S. 89°41' W., 10 chains; Secs. 10 to 14, inclusive; thence north 8 chains to a point on the Sec. 15, Ny2NE%; north boundary line of tract No. 39, said DEPARTMENT OF THE TREASURY Secs. 22 to 24, inclusive; point lies 10 chains N. 89°48' W. of cor­ Sec. 26, Ny2; ner No. 1 of said tract No. 39; thence N. Bureau of Customs Secs. 27, and 28; 89°48' W., 5.16 chains to a point on the [T.D. 69-66] Sec. 29, Sy2; north boundary of said tract No. 39 Sec. 30, Sy2; which is common to the south boundary “HORSEFEATHERS” Secs. 31 to 34, inclusive. of tract No. 42, said point lies 35.33 T. 17 N., R. 107 W., chains N. 89°48' W. of corner No. 4 of Classification Sec. 1, that part lying north of the south said tract No. 42; thence north 5 chains; Correction meander line of the Green River; thence west 5 chains; thence north 15 Sec. 24, Ey2Ey2; chains to corner No. 7 of said tract No. In P.R. Doc. 69-2702 appearing at page Secs. 35, and 36. 42; thence east 20.16 chains to corner 4898 of the issue for Thursday, March 6, T. 18 N„ R. 107 W., No. 2 of said tract No. 42 which is com­ 1969, in the first line of the last para­ Sec. 36, SW%, sy2SE%. mon to the southwest corner of lot 7; graph the reference to “D.C. 3530” should T. 12 N., R. 108 W., thence north 20 chains along west line of read ‘‘C.D. 3530”. Secs. 1 to 4, inclusive; lot 7; thence west along south line of < Sec. 5, NE%; lot 5 to southwest corner of said lot 5; Secs. 9 to 16, inclusive; thence north 19.60 chains along west line Secs. 19 to 30, inclusive. of said lot 5 to north section line of sec. T. 13 N., R. 108 W., 23 end of line; secs. 24, and 25. DEPARTMENT OF HEALTH, EDU­ Secs. 1, 2, and 3; T. 16 N., R. 109 W., * Sec. 4, Ny2 sec. 9, those parts lying east of Sec. 12, Sy2Sy2SEi4; CATION, AND WELFARE the monumented right-of-way line Sec. 13, Ni/2Ny2NEiA, Ny2sy2Ny2NEi4. which is 100 feet east of and paralleling Dated: March 6, 1969. Food and Drug Administration the surveyed centerline for Wyoming Highway 530; Clifford M. H ardin, CALCIUM GLUCEPTATE INJECTION Secs. 10 to 15, inclusive; Secretary of Agriculture. Drugs for Human Use— Drug Efficacy Secs. 21 to 28, inclusive; [F.R. Doc. 69-2997; Filed, Mar. 11, 1969; Study Implementation Secs. 31 and 32, those parts lying east of the 8:49 a.m.] monumented right-of-way line which is The Pood-and Drug Administration has 100 feet east of and paralleling the sur­ veyed centerline for Wyoming Highway evaluated a report received from the Na­ 530; Packers and Stockyards tional Academy of Sciences—National Secs. 33 to 36, inclusive. Administration Research Council, Drug Efficacy Study T. 14 N., R. 108 W., Group, on the following drug: Calcium Secs. 1 to 5, inclusive; CANAAN SALES STABLES gluceptate injection; each 5 milliliters Sec. 6,Ny2; represent 0.09 gram calcium (4.5 mEq.); Secs. 8 to 17, inclusive; Posted Stockyards marketed by Eli Lilly & Co., Post Office Secs. 21 to 28, inclusive; Pursuant to the authority delegated Box 618, Indianapolis, Ind. 46206 (NDA Secs. 29, 32, and 33, those parts lying east under the Packers and Stockyards Act, 6-470)* of the monumented right-of-way. line 1921, as amended (7 U.S.C. 181 et seq.), The drug continues to be regarded as which is 100 feet east of and paralleling the surveyed centerline for Wyoming on the respective dates specified below, it a new drug (21 U.S.C. 321 (p)). Supple­ Highway 530; was ascertained that the livestock mar­ mental new-drug applications are r®“ Secs. 34 to 36, inclusive. kets named below were stockyards within quired to revise the labeling in and to

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 . NOTICES 5127 update “deemed approved” applications ficiency, and alkalosis. For the prevention of b. A supplement containing updating providing for such drug. A new-drug hypocalcemia during exchange transfusions. information as needed to make the ap­ application is required from any person Precautions plication current in regard to items 6 marketing such drug without approval. Because of its additive effect, calcium (components) and 7 (composition) of The Pood and Drug Administration is should be administered very cautiously to a new-drug application form FD-356H prepared to approve new-drug applica­ patient who is digitalized or who is taking and, to the extent described below for tions and supplements to previously ap­ effective doses of digitalis or digitalis-like new applications, item 8 (methods, fa­ proved applications under the conditions preparations. cilities, and controls) of form FD-356H. described in this announcement. Although calcium gluceptate given intra­ 2. Such supplements should be sub­ A. Effectiveness classification. 1. The muscularly appears to be well tolerated, this mitted within the following time periods route of administration should be used for Pood and Drug Administration has con­ very young patients only in emergencies after the date of publication of this an­ sidered a report of the National Academy when technical difficulty makes intravenous nouncement in the F ederal R egister. of Sciences—National Research Council, injection impossible. a. 60 days for revised labeling—the Drug Efficacy Study Group, and con­ supplement should be submitted under cludes that calcium gluceptate is effec­ Adverse Reactions the provisions of § 130.9 (d) and (e) tive for the treatment of hypocalcemia Following intramuscular administration, of the new-drug regulations (21 CFR and in the prevention of hypocalcemia mild local reactions may occur; severe in­ 130.9) which permit certain changes to during exchange transfusions and that flammatory reactions have not been observed. be put into effect at the earliest possible the parenteral administration of calcium Rapid intravenous administration may time. cause the patient to complain of tingling is indicated in those conditions requiring sensations, a calcium taste, a sense of op­ b. 60 days for updating information. a prompt increase in blood plasma pression or “heat waves/’ 3. Marketing of the drug may continue calcium levels. until the supplemental applications sub­ 2. The drug is regarded as possibly Administration and Dosage mitted in accord with the preceding sub- effective for the following indications in The following dosages are based on calcium paragraphs 1 and 2 are acted upon, pro­ its labeling: Its antispasmodic action in gluceptate injection containing 0.09 gram vided that within 60 days after the date the treatment of intestinal, ureteral, calcium (4.5 mEq.) per 5 cubic centimeters of publication of this announcement in (equivalent to 10 cubic centimeters of 10 the F ederal R egister the labeling of the and biliáry colic, as well as for the ab­ percent calcium gluconate) : dominal pain, diarrhea, and tenesmus of preparation shipped within the jurisdic­ Calcium gluceptate may be given intra­ tion of the Federal Food, Drug, and intestinal tuberculosis; and its intrave­ muscularly in 2- to 5-cubic centimeter doses. nous use in activating uterine contrac­ When 5 cubic centimeters are administered, Cosmetic Act is in accord with the tions when the uterus is insensitive to the dose shoqld. be injected in the gluteal labeling conditions described in this oxytocic drugs post partum because of a region or, in infants, in the lateral thigh. announcement. relative calcium deficit. The usual intravenous dose of calcium glu­ F. New applications. 1. Any other per­ B. Form of drug. Calcium gluceptate ceptate is from 5 to 20 cubic centimeters. son who -distributes or intends to dis­ preparations are in injectable form suit­ The usual precautions for intravenous ther­ tribute such drug which is intended for apy should be observed. The solution should the conditions of use for which it has able for parenteral administration and be warmed to body temperature and ad­ contain per dosage unit an amount ap­ been shown to be effective, as described ministered slowly (2 cubic centimeters per under paragraph A above, should submit propriate for administration in the dos­ minute). The injection should be halted if age range described in the labeling con? the patient complains of any discomfort; it a new-drug application meeting the con­ ditions in this announcement. may be resumed when symptoms disappear. ditions specified in this announcement. Following injection, the patient should re­ 2. Such applications should include: C. Labeling conditions. 1. The label main recumbent for a short time. Repeated a. Proposed labeling in accord with bears the statement “Caution: Federal injections may be required because of rapid the labeling conditions herein. law p r o h i b i t s dispensing without excretion of calcium. b. Satisfactory information of the prescription.” During exchange transfusions in new­ kinds described in items 1 (table of con­ 2. The drug is labeled to comply with borns, the usual dose is 0.5 cubic centimeter tents) , 4 (label and all other labeling), all requirements of the Federal Pood, after each 100 cubic centimeters of blood exchanged. 5 (R* or OTC statement), 6 (compo­ Drug, and Cosmetic Act and regulations nents) , and 7 (composition) of new-drug promulgated thereunder and those parts D. Labeling claims permitted during application form FD-356H and, in lieu of of its labeling indicated below are sub­ extended period for obtaining substan­ full information described under item 8 stantially as follows (optional additional tial evidence. Those claims for which the (methods, facilities, and controls) of that information, applicable to the drug, may drug is described in paragraph A above form, brief statements that: be proposed under other appropriate as possibly effective (not included in the i. Identify the place where the drug paragraph headings and should follow labeling conditions in paragraph C will be manufactured, processed, pack­ the information set forth below) : above) may continue to be used for 6 aged, and labeled. months following the date of publication D escription ii. Identify any person other than the of this announcement in the F ederal applicant who performs a part of those +v^DeScriptive ^ni° rma-tioii to be included by R egister to allow additional time for operations and designate the part. the manufacturer or distributor should be holders of previously approved applica­ confined to an appropriate description of the iii. Include certification from the ap­ tions or persons marketing the drug plicant and from any person identified physical and chemical properties of the drug without approval to obtain and submit and the formulation.) in ii above that the methods used in, and to the Food and Drug Administration the facilities and controls used for, the Actions data to provide substantial evidence of effectiveness. manufacture, processing, packing, and Calcium is the fifth most abundant ele- holding of the drug are in conformity ™ the body and the major fraction is in E. Previously approved application. with current good manufacturing prac­ , e p°ny structure. Calcium plays important 1. Each holder of a “deemed approved” tice as described in Part 133 (21 CFR Physiological roles, many of which are poorly new-drug application (that is, an appli­ Part 133). understood. It is essential for the functional cation that became effective on the basis T~T~gll 1'y of the nervous and muscular sys- of safety prior to Oct. 10, 1962) for such iv. Assure that the drug dosage form . It is necessary for normal cardiac fünc- and components will comply with the drug is requested to seek approval of the specifications and tests described in an in°+:v,aJlti is one of the factors that operates claims of effectiveness and bring the ti “ echanisms involved in the coagula­ official compendium, if such article is t i o n of blood. application into conformance by submitting : recognized therein, or if not listed, or if Indications the article differs from the compendium treatment of hypocalcemia: a. A supplement containing revised drug, that the specifications and tests d S î f " ? admlnistration of calcium is labeling as needed to conform with the applied to the drug and its components n r o S . those conditions requirin labeling conditions described for the are adequate to tissure their identity, lev , p increase in blood plasma calc drug; however, the claims referenced in strength, quality, and purity; du**, as neonatal tetany and te paragraph D above may be included in v. Outline the methods used in, and to parathyroid deficiency, vitamin E the labeling at this time. the facilities and controls used for, the

No. 48----- 5 FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5i28 NOTICES manufacture, processing, and packing of Supplements : Bureau of Medicine. chromatographic procedure with a sulfur Original new-drug application: Bureau of titration cell. the drug. Medicine. 3. Distribution of any such prepara­ Comments on this announcement: Special Dated: March 5,1969. tion currently on the market without an Assistant for Drug Efficacy Study Imple­ R. E. Duggan, approved new-drug application may be mentation (MD—16), Bureau of Medicine. continued provided that: Acting Associate Commissioner a. Within 60 days from the publica­ This notice is issued pursuant to the for Compliance. tion date of this announcement in the provisions of the Federal Food, Drug, and [F.R. Doc. 69-2947; Filed, Mar. 11, 1969; F ederal R egister, the labeling of such Cosmetic Act (secs. 502, 505, 52 Stat. 8:45 am.] preparation shipped within the jurisdic­ 1050-53, as amended; 21 U.S.C. 352, 355) tion of the Act is in accord with the and under authority delegated to the Office of Education labeling conditions described herein. Commissioner of Food and Drugs (21 b. Within 60 days from the publica­ CFR 2.120). APPLICATION FOR FEDERAL FINAN­ tion date of this announcement, the Dated: March 5, 1969. CIAL ASSISTANCE IN CONSTRUC­ manufacturer, packer, or distributor of TION OF NONCOMMERCIAL H erbert L. Ley, Jr., such drug submits a new-drug applica­ Commissioner of Food and Drugs. EDUCATIONAL TELEVISION BROAD­ tion to the Food and Drug Administra­ CAST FACILITIES tion. [F.R. Doc. 69-2945; Piled, Mar. 11, 1969; c. The applicant submits within a rea­ 8:45 a.m] Notice of Acceptance for Filing sonable time additional information that may be required for approval of the ap­ Notice is hereby given that the follow­ plication as specified in a written com­ SHELL CHEMICAL CO. ing described applications for Federal munication from the Food and Drug financial assistance in the construction Notice of Filing of Petition Regarding of noncommercial educational television Administration. Pesticide Chemicals d. The application has not been ruled broadcast facilities are accepted for fil­ incomplete or unapprovable. Pursuant to the provisions of the Fed­ ing under the provisions of Title I of G. Exemption from periodic report­ eral Food, Drug, and Cosmetic Act (sec. the Public Broadcasting Act of 1967 (76 ing. The periodic reporting requirements 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Stat. 64, 47 (U.S.C. 390) and in accord­ of §§ 130.35(e) and 130.13(b)(4) of the (d )(1)), notice is given that a petition ance with 45 CFR 60.8: new-drug regulations (21 CFR 130.35(e), (PP 9F0804) has been filed by Shell Chicago Educational Television Associa­ 130.13(b)(4)) are waived in regard to Chemical Co., A Division of Shell Oil tion, 5400 North St. Louis Avenue, Chicago, applications approved for this drug for Co., 1700 K Street NW„ Washington, D.C. HI. 60625, File No. 211, to improve the facili­ 20006, proposing the establishment of ties of noncommercial educational television the conditions of use described herein. stations WTTW and WXXW on Channels H. Unapproved use or form of drug. tolerances (21 CFR Part 120) for residues 11 and 20, Chicago, 111., as of September 5, 1. If the article is labeled or advertised of the insecticide 2-chloro-l-(2,4,5-tri- 1967. Total estimated project cost: $1,150,000. for use in any condition other than those chlorophenyl) vinyl dimethyl phosphate State Board of Directors for Educational provided for in this announcement, it in or on the raw agricultural commodi­ Television, University of South Dakota, Ver­ will be regarded as an unapproved new ties: Corn forage (including field corn, million, S. Dak. 57069, File No. 212, for the drug subject to regulatory proceedings popcorn, and sweet com) at 110 parts establishment of a new noncommercial edu­ until such recommended use is approved per million; corn grain (including field cational television station on Channel 10, corn, popcorn, and sweet com (kernels Pierre, S. Dak., as of September 13, 1967. To­ in a new-drug application, or is other­ tal estimated project cost: $695,164. wise in accord with this announcement. plus cob with husks removed)) at 10 Board of Control of Northern Michigan 2. If the article is proposed for mar­ parts per million; and in kidney and liver University, Marquette, Mich. 49885, File No. keting in another form or for a use other at 2 parts per million. 213, for the establishment of a new noncom­ than the use provided for in this an­ The analytical method proposed in the mercial educational television station on nouncement, appropriate additional in­ petition for determining residues of the Channel 13, Marquette, Mich., as of Septem­ formation as described in § 130.4 or insecticide is a gas-liquid chromato­ ber 15, 1967. Total estimated project cost: $588,300. § 130.9 of the new-drug regulations may graphic procedure using a phosphorous- San Diego State College Foundation, 5402 be required, including results of animal sensitive thermionic emission detector. College Avenue, San Diego, Calif. 92115, File and clinical tests intended to show No. 214, to improve the facilities of noncom­ whether the drug is safe and effective. Dated: March 5,1969. mercial educational television station KEBS, Representatives of the Administration R. E. D uggan, on Channel 15, San Diego, Calif., as of Octo­ are willing to meet with any interested Acting Associate Commissioner ber 6, 1967. Total estimated project cost: person who desires to have a conference for Compliance. $765,599. concerning proposed changes in the Community Television of Southern Cali­ labeling set forth in this announcement. [P.R. Doc. 69-2946; Piled, Mar. 11, 1969; fornia, 1313 North Vine Street, Los Angeles, Requests for such meetings should be 8:45 a.m.] Calif. 90028, File No. 215, to improve the fa­ cilities of noncommercial educational tele­ made to the Special Assistant for Drug vision station KCET, Channel 28, Los An­ Efficacy Study Implementation, at the UNIROYAL, INC. geles, Calif., as of October 12, 1967. Total es­ address given below, within 30 .days timated project cost: $1,061,000. after publication hereof in the F ederal Notice of Filing of Petition Regarding Redwood Empire Educational Television, R egister. Pesticide Chemicals Post Office Box 13, Eureka, Calif. 95001, File A copy of the NAS-NRC report has No. 216, for the establishment of a new non­ been furnished to the firm referred to Pursuant to the provisions of the Fed­ commercial educational television station on eral Food, Drug, and Cosmetic Act (sec. Channel 13, Eureka, Calif., as of October 13, above. Any other manufacturer, packer, 1967. Total estimated project cost: $229,007. or distributor of a drug of similar com­ 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a (d) (1)), notice is given that a petition The Office of Education, a department of position and labeling to the subject drug the county of Santa Clara, Calif., County or any other interested person may obtain (PP 9F0803) has been filed by UniRoyal Office of Education, 70 West Hedding Street, a copy by request to the appropriate Chemical Division, UniRoyal Inc., San Jose, Calif. 95110, File No. 217, to im­ office named below. Bethany, Conn. 06525, proposing the es­ prove the facilities of noncommercial edu­ tablishment of a tolerance (21 CFR Part cational television station KTEH, on Channel Communications forwarded in re­ 120) of 0.1 part per million for negligible 54, San Jose, Calif., as of October 13, 1967. sponse to this announcement should be residues of the insecticide 2-(p-tert- Total estimated project cost: $300,000. directed to the attention of the following butylphenoxy) cyclohexyl 2-propynl sul­ Los Angeles Unified School District, 450 appropriate office and addressed to the North Grand Avenue, Los Angeles, Calif- fite in or on the raw agricultural com­ 90012, File No. 218, for the establishment of Food and Drug Administration, 200 C modity walnuts (meats). a new noncommercial educational television Street SW., Washington, D.C. 20204: The analytical method proposed in the station on Channel 58, Los Angeles, Calif-, Bequests for NAS-NRC report: Press Rela­ petition for determining residues of the as of October 24, 1967. Total estimated proj­ tions Office (CE-300). insecticide is a microcoulometric gas ect cost: $1,280,599.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5129

Shenandoah Valley Educational Television School District No. 1 in the city and coun­ but not to operate, the reactor facility Corp., 2 South Main Street, Harrisonburg, ty of Denver and State of Colorado, 414 14th Va. 22630, Pile No. 219, for the establishment Street, Denver, Colo. 80202, Pile No. 232, to located near Quehanna, Pa. This amend­ of a new noncommercial educational televi­ improve the facilities of noncommercial edu­ ment, effective as of the date of issuance, sion station on Channel 42, Front Royal, cational television station KRMA on Channel authorizes NUMEC to remove the fuel Va. 22630, Pile No. 219, for the establishment 6, Denver, Colo., as of April 23, 1968. Total elements now in storage and transfer project cost: $395,000. estimated project cost: $383,198. them to the Brookhaven National Lab­ Central California Educational Television, Alabama Educational Television Commis­ oratory (BNL). Post Office Box 6, Sacramento, Calif. 95801, sion, 2101 Magnolia Avenue, Suite 512, Bir­ Pile No. 220, to expand the facilities of non­ mingham, Ala. 35205, Pile No. 233, to improve By teletype dated February 25, 1969, commercial educational television station the facilities of the State network by estab­ NUMEC requested authorization to KVIE on Channel 6, Sacramento, Calif., as lishing a new production center at Tusca­ transfer 5.2 kilograms of U235 in the form of November 11, 1967. Total estimated proj­ loosa, Ala., as of May 3, 1968. Total estimated of unirradiated fuel elements to BNL ect cost: $1,029,264. project cost: $538,435. and outlined the procedures for trans­ Nebraska Educational Television Commis­ Alabama Educational Television Commis­ ferring the fuel elements from storage to sion, 1600 R Street, Lincoln, Nebr. 68508, sion, 2101 Magnolia Avenue, Suite 512, Bir­ shipping containers, loading and label­ File No. 221, for the establishment of a new mingham, Ala. 35205, Pile No. 234, to im­ ing of the containers. The handling and noncommercial educational television sta­ prove the facilities of the State network by tion on Channel 29, Hastings, Nebr., as of establishing a new production center at loading, procedures have been reviewed December 22, 1967. Total estimated project Auburn, Ala., as of May 3, 1968. Total esti­ and the Commission has found that the cost: $534,650. mated project cost: $538,435. health and safety of the public will not The University of Utah, Salt Lake City, Viewer Sponsored Television Foundation, be endangered by this transfer. Utah 84112, Pile No. 222, to improve the 7333 Trask Avenue, Playa Del Rey, Calif. Within fifteen (15) days from the date facilities of noncommercial educational tele­ 90291, Pile No. 235, for the establishment of of publication of this notice in the F ed­ vision station KUED on Channel 7, Salt Lake a new noncommercial educational television City, Utah, as of January 6, 1968. Total esti­ station on Channel 58, Los Angeles, Calif., eral R egister, the applicants may file mated project cost: $257,284. as of May 28, 1968. Total estimated project requests for a hearing, and any person Educational Broadcasting Corp., 304 West cost: $403,015. whose interest may be affected by the 58th Street, New York, N.Y. 10019, Pile No. Mississippi Authority for Educational Tele­ issuance of this amendment may file 223, to improve the facilities of noncommer­ vision, Post Office Drawer 2470, Jackson, Miss. a petition for leave to intervene. A re­ cial educational television station on Chan­ 39205, Pile No. 236, for the establishment of quest for a hearing and petitions to in­ nel 13, Newarïc, N.J., as of January 15, 1968. a new noncommercial educational television tervene shall be filed in accordance with Total estimated project cost: $1,121,000. station on Channel 2, State College, Miss., as Board of Education of Jefferson County, of June 20,1968. Total estimated project cost: the provisions of the Commission’s rules Ky., 3332 Newburg Road, Louisville, Ky. $1,297,225. of practice, 10 CFR, Part 2. If a request 40214, Pile No. 224, to expand the facilities State Educational Radio and Television for a hearing or a petition for leave to of noncommercial educational television sta­ Facility Board, 1800 Grand Avenue,. Des intervene is filed within the time pre­ tion WPPK, on Channel 15, Louisville, Ky., Moines, Iowa 50307, File No. 237, for the es­ scribed in this notice, a notice of hearing as of January 24, 1968. Total estimated proj­ tablishment of a new noncommercial edu­ or an appropriate order will be issued. ect cost: $1,411,158. cational television station on Channel 12, For further details with respect to this Nebraska Educational Television Commis­ Iowa City, Iowa, as of August 14, 1968. Total sion, 1600 R Street, Lincoln, Nebr. 68058, Pile amendment, see the application dated estimated project cost: $512,768. February 25, 1969, which is available for No. 225, for the establishment of a new non­ Duluth-Superior Area Educational Tele­ commercial educational television station vision Corp., 403 Bradley Building, Duluth, public inspection at the Commission’s on Channel 12, Merriman, Nebr., as of Janu­ Minn. 55802, File No. 238, to improve the fa­ Public Document Room, 1717 H Street ary 30, 1968. Total estimated project cost: cilities of noncommercial educational tele­ NW., Washington, D.C. $237,652. vision station WDSE, on Channel 8, Duluth, Blue Ridge Educational Television Asso­ Minn., as of October 21, 1968. Total estimated Dated at Bethesda, Md., this 5th day ciation, Post Office Box 15, 3077 Colonial Ave­ project cost: $47,101. of March 1969. nue SW., Roanoke, Va. 24015, Pile No. 226, for the establishment of a new noncom­ Any interested person may, pursuant For the Atomic Energy Commission. mercial educational television station on to 45 CFR 60.8, within 30 calendar days D onald J. S kovholt, Channel 47, Norton, Va., as of February 7, from the date of this publication, file Assistant Director for Reactor 1968. Total estimated project cost: $638,160. comments regarding the above applica­ Operations, Division of Reac­ Alabama Educational,Television Commis­ sion, 2101 Magnolia Avenue, Suite 512, Bir­ tions with the Director, Educational tor Licensing. mingham, Ala. 35205, Pile No. 227, for the Broadcasting Facilities Program, U.S. [License No. R-72; Amdt. 5] establishment of a new noncommercial edu­ Office of Education, Washington, D.C. cational television station on Channel 41, 20202. The Atomic Energy Commission having Demopolis, Ala., as of February 7, 1968. Total found that: estimated project cost: $555,552. Dated: March 7,1969. A. The application for license amendment Greater New Orleans Educational Tele­ P eter P. Muirhead, dated February 25, 1969, compUes with the vision Foundation, 916 Navarre Avenue, New Acting U.S. Commissioner requirements of the Atomic Energy Act of Orleans, La. 70124, Pile No. 228, to improve 1954, as amended, and the Commission’s the facilities of noncommercial educational of Education. regulations set forth in Title 10, Chapter 1, television station WYES on Channel 8, New [F.R. Doc. 69-2984; Piled, Mar. 11, 1969; CFR; Orleans, La., as of February 15, 1968. Total '8:47 a.m.] B. There is reasonable assurance that the estimated project cost: $400,044. transfer of the fuel elements in the manner Pennsylvania State University, University proposed will not be inimical to the common Park, Pa. 16802, Pile No. 229, to improve the defense and security or to the health and facilities of noncommercial educational tele­ safety of the public; and vision station WPSX on Channel 3, Clear­ ATOMIC ENERGY COMMISSION C. Prior public notice of proposed issuance field, Pa., as of March 15, 1968. Total esti­ [Docket No. 50-310] of this amendment is not required since the mated project cost: $719,710. amendment does not involve significant haz­ Colby-Bates-Bowdoin Educational Tele­ COM M ONW EALTH OF PENNSYL­ ards considerations different from those casting Corp., Bates College, Lewiston, VANIA AND NUCLEAR MATERIALS previously evaluated; Maine 04240, Pile No. 230, to improve the iacilities of noncommercial educational tele­ AND EQUIPMENT CORP. Facility License No. R-72, as amended, is hereby further amended in the following vision station WCBB on Channel 10, Augusta, Notice of Issuance of Facility License Maine, as of March 25, 1968. Total estimated manner: project cost: $543,107. Amendment Delete .paragraph 3.B. and substitute Maryland Educational-Cultural Commis- The Atomic Energy Commission has therefor: oioao1^ 1 St' Paul at Chase, Baltimore, Md. issued Amendment No. 5, set forth below, B. Authority is granted to transfer 5.2 kilo­ ’ ^°' for ^he establishment of ew noncommercial educational television to Facility License No. R-72. The license grams of U235 in the form of unirradiated fuel A™.n o °n Channel 28, Salisbury, Md., as of authorizes the Commonwealth of Penn­ elements to Brookhaven National Laboratory $673 900 1968' TOtal estimated Project cos*.: sylvania and the Nuclear Materials and in accordance with your telegraphic applica­ Equipment Corp. (NUMEC) to possess, tion for amendment dated February 25, 1969.

FEDERAL REGISTER, VOL. 34, NO. 48—-WEDNESDAY, MARCH 12, 1969 5130 NOTICES This amendment is effective's of the date Dated at Bethesda, Md., this 26th day grams of contained U235 in connection with of issuance. of February 1969. operation of the reactor. C. Pursuant to the Act and Title 10, CFR, Date of issuance : March 5,1969. For the Atomic Energy Commission. Chapter 1, Part 30, “Rules o f General Ap­ For the Atomic Energy Commission. plicability to Licensing of Byproduct Ma­ Donald J. Skovholt, terial”, to possess, but not to separate, such Donald J. Skovholt, Assistant Director for Reactor byproduct material as may be produced by Assistant Director for Reactor Op­ Operations, Division of Reac­ operation of the reactor. erations, Division of Reactor tor Licensing. 3. This license shall be deemed to con­ Licensing. tain and be subject to the conditions spec­ [License No. R-23; Arndt. 8] [F.R. Doc. 69-2961; Filed, Mar. 11, 1969; ified in Part 20, section 30.34 of Part 30, 8:46 a.m.] The Atomic Energy Commission (“the sections 50.54 and 50.59 of Part 50, and sec­ Commission”) has found that: tion 70.32 of Part 70 of the Commission’s 1. The application for license, as amended, regulations; is subject to all applicable pro­ [Docket No. 50-59] complies with the requirements of the visions of the Act and rules, regulations and Atomic Energy Act of 1954, as amended orders of the Commission now or hereafter TEXAS A & M UNIVERSITY (hereinafter, “the Act”), and the Commis­ in effect; and is subject to the additional sion’s regulations set forth in Title 10, CFR, conditions specified or incorporated below : Notice of Issuance of Amended Facility Chapter 1; A. Maximum power level. The University License 2. The reactor will be operated in con­ may operate the reactor: formity with the (a) application and (b) (1) at steady-state power levels up to a The Atomic Energy Commission (“the rules and regulations of the Commission; maximum of 100 milliwatts (thermal), and Commission”) has issued Amendment 3. There is reasonable assurance that the (2) at up to 200 milliwatts (thermal) us­ No. 8, as set forth below, to Facility Li­ reactor can be operated at the designated lo­ ing short-term increases of power for the sole cense No. R-23. The license authorizes cation without endangering the health and purpose of calibrating the safety channels. the Texas A & M University to possess safety of the public; B. Technical specifications. The Technical and operate its Model AGN-201, Serial 4. Texas A & M University is technically Specifications contained in Appendix A to No. 106, nuclear research reactor facility and financially qualified to operate the re­ this license (hereinafter, “the Technical actor and to assume financial responsibility Specifications”) are hereby incorporated in on its campus in College Station, Tex. for the payment of Commission charges for this license. The licensee shall operate the The amendment, effective as of the date special nuclear material and to undertake reactor in accordance with the Technical of issuance, incorporates Technical Spec­ and carry out the proposed activities in ac­ Specifications. No changes shall be made in ifications for operation of the facility, cordance with the Commission’s regulations; the Technical Specifications unless author­ including the performance of critical ex­ 5. The issuance of this license, as amended, ized by the Commission as provided in 10 periments dealing with core disassembly for possession, use and operation of the re­ CFR section 50.59. and critical loading, in accordance with actor and the receipt, possession and use of C. Reports. In addition to reports other­ the special nuclear material in the manner wise required under this license and appli­ the University’s application for amend­ proposed by Texas A & M University in its ment dated May 15, 1968. The amend­ cable regulations : application will not be inimical to the com­ ( 1 ) The licensee shall inform the Commis­ ment also revises the license in its en­ mon defense and security or to the health sion of any incident or condition relating to tirety to (1) consolidate the provisions and safety of the public; the operation of the reactor which prevented of Amendments 1 through 7 to the li­ 6. Texas A & M University is a nonprofit or could have prevented a nuclear system cense and the order dated March 16, educational institution and will use the re­ from performing its safety function as de­ actor for the conduct of educational activities scribed in the Technical Specifications or in 1961, (2) restate the reporting require­ and is therefore exempt from the financial ments, and (3) expand the record keep­ protection requirement of subsection 170a of the Hazards Summary Report, as amended ing section. (hereinafter, “safety analysis report”). For the Act. The University has executed an in­ each such occurrence, the licensee shall Within fifteen (15) days from the date demnity agreement pursuant to 10 CFR Part promptly notify by telephone or telegraph of publication of this notice in the Fed­ 140; and the Director^of the appropriate Atomic En­ eral Register, the applicant may file a 7. Prior public notice of proposed issuance ergy Commission Regional Compliance Office of this license amendment is not required request for a hearing, and any person since the operation of the reactor in accord­ listed in Appendix D of 10 CFR 20 and shall whose interest may be affected by the ance with the terms of the license, as submit within ten (10) days a report in writ­ issuance of this amended license may file ing to the Director, Division of Reactor Li­ amended, does not involve significant hazard censing (hereinafter, “the Director, DRL”), a petition for leave to intervene. Re­ considerations different from those previ­ with a copy to the Regional Compliance quests for a hearing and petitions to in­ ously evaluated. Office. tervene shall be filed in accordance with Facility License No. R-23, as amended, is (2 ) The licensee shall report to the Di­ the provisions of the Commission’s rules hereby amended in its entirety to read: rector, DRL, in writing within thirty (30) of practice, 10 CFR Part 2. If a request J . This license applies to the Model AGN- days of its observed occurrence any substan­ for a hearing or a petition for leave to 201, Serial No. 106, nuclear reactor (herein, tial variance disclosed by operation of the “the reactor”) which is owned by the Texas reactor from performance specifications con­ intervene is filed within the time pre­ A & M University (hereinafter, “the licensee” scribed in this notice, the Commission tained in the safety analysis report or the or “the University”) and located on its cam­ Technical Specifications. will issue a notice of hearing or an ap­ pus at College Station, Tex., and is de­ (3) The licensee shall report to the Com­ propriate order. scribed in the licensee’s application for mission in writing within thirty (30) days For further details with respect to this license dated June 13, 1957, and subsequent of its occurrence any significant change in amendment, see CD the licensee’s appli­ amendments thereto, including the amend­ transient or accident analysis as described ment dated May 15, 1968 (herein referred to in the safety analysis report. cation for license amendment dated May as “the application”) . 15, 1968, (2) a related Safety Evaluation D. Records. In addition to those otherwise 2. Subject to the conditions and require­required under this license and applicable prepared by the Division of Reactor Li­ ments incorporated herein, the Commission regulations, the licensee shall keep the censing, and (3) the Technical Specifica­ hereby licenses the University: following records : tions, all of which are available for pub­ A. Pursuant to section 104c of the Act and (1) Reactor operating records, including lic inspection at the Commission’s Public Title 10, CFR, Chapter 1, Part 50, “Licensing power levels and periods of operation at Document Room, 1717 H Street NW., of Production and Utilization Facilities”, to eaoh power level. Washington, D.C. A copy of item (2) possess, use and operate the reactor as a (2) Records of experiments installed in­ above may be obtained at the Commis­ utilization facility at the designated location cluding description, reactivity worths, loca­ sion’s Public Document Room or upon in College Station, Tex., in accordance with tions, exposure time, total irradiation and the procedures and limitations described in any unusual events involved in their perr request addressed to the U.S. Atomic En­ the application and in this license. f ormance and in their handling. ergy Commission, Washington, D.C. B. Pursuant to the Act and Title 10, CFR, (3) Records showing radioactivity re­ 20545, Attention: Director, Division of Chapter 1, Part 70, “Special Nuclear Ma­ leased or discharged into the air or water Reactor Licensing. terial”, to receive, possess and use up to 700 beyond the effective control of the licensee

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5131 as measured at or prior to the point of such signed to be held on April 23, 1969, at release or discharge. 10 a.m., e.s.t., in Room 1027, Universal (4) Records of emergency shutdowns and FEDERAL POWER COMMISSION inadvertent scrams, including reasons Building, 1825 Connecticut Avenue NW., [Docket No. CP69-225] therefor. Washington, D.C., before the Board. (5) Records of maintenance operations in­ Dated at Washington, D.C., March 7, EL PASO NATURAL GAS CO. volving substitution or replacement of re­ 1969. actor equipment or components. Notice of Application (6) Records of tests and measurements [seal] Thomas L. W renn, March 3, 1969. performed pursuant to the Technical Chief Examiner. Specifications. Take notice that on February 24, 1969, 4. This license, as amended, is effective as[F.R. Doc. 69-2980; Filed, Mar. 11, 1969; El Paso Natural Gas Co. (Applicant), of the date of issuance and shall expire at 8:47 a.m.] Post Office Box 1492, El Paso, Tex. 79999, midnight, August 26, 1977, unless sooner filed an application for a certificate of terminated. public convenience and necessity under Date of issuance: February 26,1969. [Docket No. 19201] section 7(c) of the Natural Gas Act au­ For the Atomic Energy Commission. SERVICE TO WHITE PLAINS, N.Y. thorizing the construction and operation D onald J. Skovholt, of facilities on thé California Mainline of Assistant Director for Reactor Op­ Notice of Oral Argument its Southern Division System, all as more erations, Division of Reactor Notice is hereby given, pursuant to the fully set forth in the application on file Licensing. provisions of the Federal Aviation Act of with the Commission and open to public Appendix A—Technical Specifications.1 1958, as amended, that oral argument in inspection. Specifically, Applicant proposes to add [F.R. Doc. 69-2985; Filed, Mar. 11, 1969; the above-entitled investigation will be 8:48 a.m.] held at 10 a.m., e.d.t., beginning on 8,500 horsepower at its El Paso Compres­ April 30, 1969, in Room 1027, Universal sor Station, and 1,500 horsepower at its Building, 1825 Connecticut Avenue NW., Pecos River Compressor Station; a loop Washington, D.C., before the Board. of approximately 20.9 miles of 30-inch CIVIL AERONAUTICS BOARD O.D. pipeline before its Afton Compressor Dated at Washington, D.C., March 7, Station, a loop of approximately 6.6 miles [Docket No. 19401] 1969. of 30-inch O.D. pipeline before its Florida AUSTIN-WEST SERVICE [seal] T homas L. W renn, Compressor Station, and a loop of ap­ INVESTIGATION Chief Examiner. proximately 8 miles of 30-inch O.D. [F.R, Doc. 69-2981; Filed, Mar. 11, 1969; pipeline before its Deming Compressor Reassignment of Date for Prehearing 8:47 a.m.] Station; and metering facilities at thè Conference Casa Grande Compressor Station. Applicant estimates the cost of these Notice is hereby given that the Pre- [Docket No. 18610] facilities at $13,751,647, which would be hearing Conference in the above-en­ financed by working funds or short-term titled matter now assigned for March 26, SOUTHERN AIRWAYS, INC., ROUTE loans. 1969, is reassigned to be held on REALIGNMENT INVESTIGATION Applicant represents that the proposed March 25,1969, at 10 a.m., e.s.t., in Room facilities will add 180,000 Mcf to its daily 1027, Universal Building, 1825 Con­ Notice of Oral Argument capacity, of which 80,000 Mcf will be used necticut Avenue NW., Washington, D.C. Notice is hereby given, pursuant to the to meet the needs of its customers east This change is necessitated by reason of provisions of the Federal Aviation Act of California and 100,000 Mcf will replace the fact that counsel for certain of the of 1958, as amended, that oral argument natural gas from its Canadian-Sumas parties are scheduled to appear before in the above-entitled investigation is supply, which Applicant states it will lose the Board, on the date originally estab­ assigned to be held on May 7, 1969, at in the divestiture of its Northwest Divi­ lished, for oral argument in another sion System. proceeding. 10 :00 a.m., e.d.s.t., in Room 1027, Univer­ sal Building, 1825 Connecticut Avenue Protests or petitions to intervene may There will be no change in the present NWT, Washington, D.C., before the Board. be filed with the Federal Power Commis­ date, i.e., March 17, 1969, for the sub­ sion, Washington, D.C. 20426, in accord­ mission of (1) proposed statements of Dated at Washington, D.C., March 7, ance with the rules of practice and pro­ 1969. cedure (18 CFR 1.8 or 1.10) on or before issues; (2) proposed stipulations; (3) March 31,1969. requests for information; (4) statements [seal] Thomas L. W renn, Chief Examiner.. Take further notice that, pursuant to of positions of parties; and (5) proposed the authority contained in and subject to procedural dates. [F.R. Doc. 69-2982; Filed, Mar. 11, 1969; the jurisdiction conferred upon the Fed­ 8:48 am.] Dated at Washington, D.C., March 6, eral Power Commission by sections 7 and 1969. 15 of the Natural Gas Act and the Com­ [Docket No. 18257] mission’s rules of practice and procedure, [seal] William P. Cusick, a hearing will be held without further Hearing Examiner, SOUTHERN TIER COMPETITIVE notice before the Commission on this ap­ [F.R. Doc. 69-2979; Filed, Mar. 11, 1969; NONSTOP INVESTIGATION plication if no protest or petition to inter­ 8:47 a.m.I vene is filed within the time required Notice of Oral Argument herein, if the Commission on its own Notice is hereby given, pursuant to the review of the matter finds that a grant [Docket No. 19856] provisions of the Federal Aviation Act of the certificate is required by the public m ia m i-lo n d o n r o u te convenience and necessity. If a petition of 1958, as amended, that oral argument for leave to intervene is timely filed, or if INVESTIGATION in the above-entitled investigation will the Commission on its own motion be­ Notice of Oral Argument be held at 10 a.m., e.s.t., beginning on lieves that a formal hearing is required, April 16, 1969, in Room 1027, Universal further notice of such hearing will be Notice is hereby given, pursuant to the Building, 1825 Connecticut Avenue NW., duly given. Provisions of the Federal Aviation Act of Washington, D.C., before the Board. Under the procedure herein provided 958, as amended, that oral argument in for, unless otherwise advised, it will be e above-entitled proceeding is as- Dated at Washington, D.C., March 7, unnecessary for Applicant to appear or be 1969. represented at the hearing. nf1™ sJ tfm was not filed with the Offkx [seal] T homas L. W renn, Gordon M. Grant, imn~LFeCle,ral Register but is available fo: Chief Examiner. Secretary. of in tîle Public Document Roon [F.R. Doc. 69-2983; Filed, Mar. 11, 1969; [F.R. Doc. 69-2937; Filed, Mar. 11, 1969; the Atomic Energy Commission. 8:48 a.m.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5132 NOTICES [Docket No. R169-320] ently suspended rate increase, designated such corrective rate filing to terminate as Supplement No. 1 to Supplement No. 2 concurrently with the suspension period GULF OIL CORP. to Gulf’s FPC Gas Rate Schedule No. (May 27,1969) of the original rate filling Order Amending Order Providing for 389, amending the supplement to the in said docket. Hearings on and Suspension of aforementioned rate schedule to provide The Commission orders: for a rate increase to 16.73 cents instead Proposed Changes in Rates To Per­ (A) The suspension order issued De­ of the 16.83 cents per Mcf rate filed on cember 20, 1968, in Docket No. RI69-320, mit Substitute Rate Filing November 26, 1968. Gulf states that it is amended only so far as to permit the March 3,1969. inadvertently omitted a 0.10 cent treat­ 16.73 cents per Mcf rate provided in Sup­ On November 26, 1968, Gulf Oil Corp. ing charge from the previously reported plement No. 1 to Supplement No. 2 to (Gulf) filed with the Commission a pro­ rate of 16.83 cents per Mcf which was Gulf’s FPC Gas Rate Schedule No. 389 posed change in rate from 15.77 cents to suspended in Docket No. RI69-378 until to supersede Supplement No. 2 to Gulf’s 16.83 cents per Mcf, designated as Sup­ May 27, 1969, and has submitted a re­ aforementioned rate schedule, subject plement No. 2 to Gulf’s FPC Gas Rate vised rate change to reflect such treating to the suspension proceeding in Docket Schedule No. 389, which pertains to charge. The proposed substitute rate fil­ No. RI69-320. The suspension period for Gulf’s jurisdictional sales of natural gas ing is set forth in Appendix A hereof. such substitute filing shall terminate from the West Rojo Cabellos Field, Pecos Gulf’s proposed 16.73 cents per Mcf concurrently with the suspension period and Reeves Counties, Tex. (Railroad Dis­ rate exceeds the 15.77 cents just and (May 27, 1969) presently in effect in trict No. 8—Permian Basin Area), to reasonable area ceiling rate established said docket.. Transwestern Pipeline Co. The Commis­ by the Commission in its Opinion No. (B) In ail other respects, the order sion by order issued December 20, 1968, 468, as amended, as did the previously issued by the Commission on Decem­ in Docket No. RI69-320, suspended for suspended rate in said docket. Since ber 20, 1968, in Docket No. RI69-320, 5 months Gulf’s rate filing until May 27, Gulf’s revised rate filing involves a 0.10 shall remain unchanged and in full force cent treating charge, we believe that it and effect. 1969, and thereafter until made effective would be in the public interest to accept in the manner prescribed by the Natural By the Commission. Gas Act. Gulf’s corrective rate filing subject to On February 5, 1969, Gulf submitted a the suspension proceeding in Docket No. [seal] K enneth F. P lumb, revised rate increase to correct the pres­ RI69-320, with the suspension period of . Acting Secretary. Appendix A

Cents per Mcf R a t e in R a t e S u p - A m o u n t D a t e E f f e c t iv e D a t e e ffe c t D o c k e t R e s p o n d e n t sched- ple- Purchaser and producing area o f f ilin g d a t e s u s ­ P r o p o s e d subject to N o . u le m e n t a n n u a l t e n d e r e d u n l e s s p e n d e d R a t e i n i n c r e a s e d r e f u n d in N o . N o . in c r e a s e s u s p e n d e d u n t i l — e ffe c t r a t e d o c k e ts N o s .

* « 1 6 .7 3 R I 6 9 - 3 2 0 -. G ulf Oil Corp., Post Office 389 U t o 2 Transwestem Pipeline Co. (West $2,400 2-5-69 i 12-27-68 «5-27-69 ‘ 1 5 .7 7 Box 1589, Tulsa, Okla. Rojo Caballos Field, Pecos and 74102. Reeves Counties, Tex.) (Permian Basin Area) (RR. District No. 8).

l piled as a correction to proposed increase filed N ov. 26, 1968, designated as Supplem ent N o. 2. i The stated effective date is the effective date requested by Respondent. - . _ » SusDended until M ay 27, 1969, the expiration date of the prior increase suspended in D ocket No. RI69-320. * Previously reported as an increase from 15.77 cents to 16.83 cents. G ulf om itted a 0.10-cent treating charge from prior filing, tProposed increase to 16.83 cents suspended in D ocket No. RI69-320 until M ay 27, 1969. • Pressure base is 14.65 p.s.i.a. [F.R. Doc. 69-2938; Filed, Mar. 11,1969; 8:45 a.m.]

[Docket No. CP69-226] Specifically, Applicant seeks authority Take further notice that, pursuant to to construct and operate, as the exigen­ the authority contained in and subject SOUTH TEXAS NATURAL GAS cies of its business make appropriate, to the jurisdiction conferred upon the GATHERING CO. various facilities to connect additional Federal Power Commission by sections 7 Notice of Application supplies of gas in new and existing gas and 15 of the Natural Gas Act and the fields in the States of Texas and Commission’s rules of practice and pro­ March 3, 1969. Louisiana. cedure, a hearing will be held without Take notice that South Texas Natural Applicant requests that the Commis­ further notice before the Commission on Gas Gathering Co. (Applicant), Post sion waive the dollar limits of § 2.58(a) this application if no petition to inter­ Office Drawer 521, Corpus Christi, Tex. (1) of the Commission’s General Policy vene is filed within the time required 77703, on February 24, 1969, filed in and Interpretations to grant authority to herein, if the Commission on its own re­ Docket No. CP69-226 a “budget-type” ap­ expend up to $1 million during the year view of the matter finds that a grant of plication pursuant to section 7 (c) of the in question, with no single project ex­ the certificate is required by the public Natural Gas Act and § 157.7 (b) of the ceeding $250,000. convenience and necessity. If a petition Commission’s regulations thereunder, for Applicant states that the facilities for for leave to intervene is timely filed, or if a certificate of public convenience and which authorization is requested will not the Commission on its own motion be­ necessity authorizing the construction provide increased gas sales volumes un­ lieves that a formal hearing is'required, during the 12-month period commencing der jurisdictional rate schedules, and further notice of such hearing will be April 1, 1969, and the operation of un­ that no outside financing will be duly given. specified gas purchase facilities for the required. Under the procedure herein provided purpose of enabling Applicant to take Protests or petitions to intervene may for, unless otherwise advised, it will be into its pipeline system natural gas which be filed with the Federal Power Commis­ unnecessary for Applicant to appear or it may purchase from producers and sion, Washington, D.C. 20426, in accord­ be represented at the hearing. other similar sellers in the general area ance with the rules of practice and Gordon M. Grant, adjacent to its pipeline system, all as Secretary. more fully set forth in the application procedure (18 CFR 1.8 or 1.10) and the which is on file with the Commission and regulations under the Natural Gas Act [F.R. Doc. 69-2941; Filed, Mar. 1L 1969: open to public inspection. (157.10) on or before March 28, 1969. 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5133 DEPARTMENT OF TRANSPORTATION INTERAGENCY TEXTILE Hazardous Materials Regulations Board ADMINISTRATIVE COMMITTEE SPECIAL PERMITS CERTAIN COTTON TEXTILES AND Issuance COTTON TEXTILE PRODUCTS PRO­ March 4,1969. Pursuant to Docket No. HM-1, Rule-Making Procedures of the Hazardous DUCED OR MANUFACTURED IN Materials Regulations Board, issued May 22, 1968 (33 P.R. 8277) 49 CFR 170, POLAND following is a list of DOT Special Permits upon which Board action was completed during February 1969: Enfry or Withdrawal From Warehouse for Consumption Special Mode or modes of Correction permit Issued to—Subject transportation No. In F.R. Doc. 69-2636 appearing at page 3766 of the issue for Tuesday, March 4, 5800...... U.S. Atom ic Energy Commission and its contractors and licensees and licens­ Cargo—air, highway, 1969, in the table, column I, the entry ees of “agreem ent states” and the D epartm ent of Defense and its contractors rail, and water. (upon specific registration w ith the B oard), for the shipm ent of not exceeding now reading “61” should read “62” and Type B quantities of any nonfissile radioactive m aterial using a pending in the third column, the entry reading specification DOT-20W C wooden protective jacket w ith a D O T 55, 2R, or 7A inner container. “162,062” should read “162,068”. 5845...... County W elding Supplies Co. for the shipm ent of oxygen in D O T-3A and 3AA Highway and rail. cylinders having a 10-year retest period. 6850------K ankakee W elding & Supply Co. for the shipm ent of oxygen, nitrogen, argon, Do. helium , compressed air, and m ixtures thereof in D O T-3A and 3AA cylinders h a v i n g a 10-year retest period. 5851------Oxygen Sales & Service, Inc., for the shipm ent of oxygen, nitrogen, argon, Do. SECURITIES AND EXCHANGE hydrogen, helium, neon, krypton, xenon, compressed air, and mixtures • thereof in DOT-3A and 3AA cylinders having a 10-year retest period. 5877------Oak Ridge N ational Laboratory for theshipm ent of not over Type B quantities Cargo and passenger- COMMISSION of any nonfissile special form radioactive m aterial in the Model GB/0902A air, highway, rail, c o n ta i n e r . 'and water. COMSTOCK-KEYSTONE MINING CO. 5894...... U.S. Atomic Energy Commission and its contractors and licensees and the Cargo—air, highway, D epartm ent of Defense and its contractors (upon specific registration w ith and rail. [File No. 1-2250] the Board), for the shipm ent of unirradiated nuclear reactor fuel cores in the Model 2.7 New Fuel Shipping and Storage Container No. R/1603A. Order Suspending Trading 5898...... Stauffer Chem ical Co. for the shipm ent of corrosive liquids, n.o.s. in DOT-5B Highway, rail, and tight-head steel drum s to be used as single-trip containers. water. March 6,1969. 5901 ...... Nuclear Fuel Services, Inc., the Consumers Power Co., and the PacificRail. Gas and Electric Co. for the shipm ent of irradiated nuclear reactor fuel assemblies It appearing to the Securities and Ex­ in the N FS M ultifacility Shipping Cask, Model 100. change Commission that the summary 5902 ------— U.S. Atomic Energy Commission for the shipm entHighway of large andquantities rail. of en­ capsulated cobalt-60 in the Model 1 M F Cask. suspension of trading in the common 5903 ...... J. T. Baker Co. and its distributors for shipm ent of up to 70 percent concentra­Do. stock and all other securities of Com- tion hydrofluoric acid in 55-gallon, 20-gauge steel, DOT-37M /2SL nonreusable containers. stock-Keystone Mining Co., now known 5904 ...... Weyerhaeuser Co; and their agents, distributors, and customers (upon specific Do. as Memory Magnetics International, be­ registration with the Board), for the shipm ent of electrolyte in not over Rone 5-gallon capacity, fiberboard boxes having inner double polyethylene bags. ing traded otherwise than on a national oyub...... National Aeronautics and Space A dm inistration for the shipm ent of irradiated Highway. securities exchange is required in the Roc? uranium-235 in the Model No. KM -F-2088 Shipping Cask. public interest and for the protection of ...... U.S. Atom ic Energy Commission and its contractors (upon specific registra­ Highway and rail. tion w ith the Board), for the shipm ent of solid irradiated reactor fuel test investors; Kens...... r ^cim ens in the Model O RN L In-Pile Shipping Cask. It is ordered, Pursuant to Section 6yu8...... U B . A t o m ic E n e r g y C o m m i s s io n a n d i t s c o n tr a c to r s a n d lic e n s e e s a n d t h e Cargo—air, highway, D epartm ent of Defense and its contractors (upon specific registration with and rail. 15(c) (5) of the Securities Exchange Act the Board), for the shipm ent of Fissile Class II packages under Fissile Class of 1934, that trading in such securities «mo - Ilf conditions, under specially prescribed terms. ow a...... M i t i s u i a n d C o . ( U .S .A .) , I n c . , fo r t h e s h i p m e n t o f u n i r r a d i a t e d r e a c t o r t e s t Cargo and passenger- otherwise than on a national securities Rom specimens in the Unirradiated UO 2-PUO 2 Fuel Pin Shipping Container. air, and highway. exchange be summarily suspended, this u...... u -b - A t o m ic E n e r g y C o m m is s io n a n d i t s c o n tr a c to r s a n d lic e n s e e s a n d t h e D e ­ Cargo—air, highway, order to be effective for the period March partm ent of Defense and its contractors (upon specific registration w ith the and rail. Board), for the shipm ent of unirradiated enriched uranium fuel m aterials in 7, 1969, through March 16, 1969, both S911 tt^q 6 No. BE 1270 Birdcage Shipping Container. dates inclusive. 1...... U .S . A t o m ic E n e r g y C o m m i s s io n a n d i t s c o n tr a c to r s a n d lic e n s e e s a n d t h e D e ­ Do. partm ent of Defense and its contractors (upon specific registration w ith the By the Commission. Board), for the shipm ent of unirradiated enriched uranium fuel-materials in B019 TTt])e ^Ipdel BE 1885 Birdcage Shipping Container. [seal] Orval L. DuBois, £...... U n ite d S t a te s L i n e s , I n c . , f o r t h e s h i p m e n t o f v i n y l a c e t a te a n d a lc o h o l, n .o .s . Highway and water; m i 9 „ rln DOT-MC-306 type tanks which are detachable from a highway chassis. Secretary. W arner-Lam bert Pharm aceutical Co. for the shipm ent of non poisonous, non- Highway and rail. flanunable aerosol form ulations having an absolute pressure not exceeding 60 [F.R. Doc. 69-2962; Filed, Mar. 11, 1969; 5914 * 79 in inside plastic-coated glass bottles of not over 6.1 fluid ounces. 8:46 a.m.] ...... A t o m ic E n e r g y C o m m is s io n a n d i t s c o n tr a c to r s a n d lic e n s e e s a n d t h e Do. D epartm ent of Defense and its contractors (upon specific registration w ith “Pe Board), for the shipm ent of unirradiated nuclear reactor fuel cores in the 5915 tt o ° a* No. 571,3 by 108 New Core Shipping and Installation Container. \ DYNA RAY CORP. u .o.(Atom ic Energy Com lnission and its contractors and licensees and licensees Do. of agreement states” and the Departm ent of Defense and its contractors (upon specific registration w ith the Board), for the shipm ent of fissile and Order Suspending Trading large quantity radioactive m aterials in the M odel 55/30 or 83/55 shipping con- arch 5917 \ t M 6,1969...... V u lc a n M a te r ia ls (Jo . fo r t h e s h i p m e n t o f a n h y d r o u s h y d r o g e n c h lo r id e i n c y li n ­ Highway. ders complying w ith D OT-3A AX , except that a different type steel is author- It appearing to the Securities and Ex­ 5920...... ,^xz©Cl. change Commission that the summary ...... Department of the Interior for the escorted shipment of an incubator incorpo- Passenger air; suspension of trading in the common 5923 rating a DOT-3E1800 oxygen cylinder...... u n i o n C a r b id e C o r p . fo r t h e s h i p m e n t o f n o n f la m m a b l e c o m p r e s s e d g a s m ix - Highway and rail. stock of Dyna Ray Corp., New York, N.Y., lures «insisting of not more than 12 percent ethylene oxide mixed w ith di- and all other securities of Dyna Ray cmorodifluoromethane, or w ith any m ixture of trichlorofluoromethane and 5924 dicmorodifluoromethane in DOT-106A500X and 110A500W tanks. Corp. being traded otherwise than on a ...... Chemical Co., Inc., the Paul Carroll Oxygen Co-, and other shippers Highway. national securities exchange is required iirn1al?ec™c re 8*strati°n w ith the Board, for the shipm ent of chlorine in D OT in the public interest and for the pro­ p ^ S o tanks, m odified w ith respect to excess-flow valves and use of 5925... TMnn i ^ 1118 polyurethane foam insulation. tection of investors; ...... fo r t h e o n e - tim e s h i p m e n t o f c h lo r in e i n t h r e e t a n k - c a r t a n k s , D O T - Rafl. It is ordered, Pursuant to section 15(c) .luoAeoow, havm g tanks overdue for retest. (5) of the Securities Exchange Act of 1934, that trading in such securities W illiam C. J ennings, otherwise than on a national securities Chairman, Hazardous Materials Regulations Board. exchange be summarily suspended, this [F.R. Doc. 69-2906; Filed, Mar. 11, 1969; 8:45 ajn.] order to be effective for the period

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5134 NOTICES March 7, 1969, through March 16, 1969, and allocation of certain of the City’s For the Commission (pursuant to dele­ both dates inclusive. electric revenues between the parties, gated authority). to be effected at the closing of the [seal] Orval L. DuBois, By the Commission. transaction. Secretary. [SEAL] ORVAL L. DUBOIS, In 1968, the distribution system owned [F.R. Doc. 69-2965; Filed, Mar. 11, 1969; Secretary. by the City had 522 customers and gross 8:47 a.m.] [F.R. Doc. 69-2963; Filed, Mar. 11, 1969; revenues were $107,131. The City’s utility 8:46 a.m.] plant is carried on in its books at original cost of $100,128 less $37,998 accumulated UNITED AUSTRALIAN OIL, INC. depreciation. Southwestern estimates MOONEY AIRCRAFT, INC. that the City’s distribution system will Order Suspending Trading have utility operating income of $22,936 Order Suspending Trading March 6 ,1969. in 1969. It appearing to the Securities and Ex­ March 6, 1969. Southwestern cites among its reasons change Commission that the summary It appearing to the Securities and Ex­ for the proposed acquisition the favor­ suspension of trading in the common change Commission that the summary able growth potential of the City’s elec­ stock of United Australian Oil, Inc., suspension of trading in the common tric distribution system, including good Dallas, Tex., and all other securities of stock of Mooney Aircraft, Inc., being prospects for the attachment of new cus­ United Australian Oil, Inc., being traded otherwise than on a national se­ tomers. The City’s distribution system is traded otherwise than on a national curities exchange is required in the pub­ completely surrounded by areas which securities exchange is required in the lic interest and for the protection of are served by Southwestern’s distribu­ public interest and for the protection investors; tion system. Southwestern now serves of investors; It is ordered, Pursuant to section the City’s distribution system with power It is ordered, Pursuant to section 15 16(c) (5) of the Securities Exchange Act at wholesale and states that the takeover (c) (5) of the Securities Exchange Act of 1934, that trading in such securities can be effected through the company’s of 1934, that trading in such securities otherwise than on a national securities existing facilities with no rearrangement otherwise than on a national securities exchange be summarily suspended, this of facilities and at a minimum of ex­ exchange be summarily suspended, this order to be effective for the period pense. Southwestern already owns and order to be effective for the period March 7, 1969, through March 16, 1969, operates dstribution facilities within the March 7, 1969, through March 16, 1969, corporate limits of the City and has a both dates inclusive. both dates inclusive. franchise authorizing it to serve Certain By the Commission. areas therein. The filing further states By the Commission. [seal] Orval L. DuBois, that the anticipated effects of the pro­ [seal] Orval L. DuBois, Secretary. posed transactions include lower rates Secretary. and more reliable service to electric con­ [F.R. Doc. 69-2964; Filed, Mar. 11, 1969; [F.R. Doc. 69-2966; Filed, Mar. 11, 1969; 8:46 am.] sumers of the City. 8:47 a.m.] The application states that no State or Federal commission, other than this [70-4720] Commission, has jurisdiction over the proposed transactions and that expenses SMALL BUSINESS SOUTHWESTERN ELECTRIC POWER in connection therewith are estimated to CO. be $17,000, including $15,000 for legal ADMINISTRATION services. Notice of Proposed Acquisition of Mu­ [Delegation of Authority No. 30 (Rev. 12) Notice is further given that any inter­ Arndt. 5] nicipal Electric Distribution System ested person may, not later than March 6, 1969. March 27, 1969, request in writing that AREA ADMINISTRATORS Notice is hereby given that the South­ a hearing be held in respect of such mat­ ter, stating the nature of his interest, the Delegation of Authority To Conduct western Electric Power Co. (“Southwest­ Program Activities in Field Offices ern”), 428 Travis Street, Shreveport, La. reasons for such request, and the issues 71101, an electric utility company, a reg­ of fact or law which he desires to con­ Delegation of Authority No. 30 (Re­ istered holding company, and a subsidi­ trovert; or he may request that he be vision 12) (32 F.R. 179), as amended ary company of Central and South West notified if the Commission should order (32 F.R. 8113, 33 F.R. 8793, 33 F.R. 17217, Corp., also a registered holding company, a hearing thereon. Any such request and 33 F.R. 19097) is hereby further has filed an application with this Com­ should be addressed: Secretary, Securi­ amended by revising Items I.B.4, I.B.5, mission pursuant to the Public Utility ties and Exchange Commission, Wash­ and I.C.l, and adding thereto a new ington, D.C. 20549. A copy of such request Item I.B.6, to read as follows: Holding Company Act of 1935 (“Act”), should be served personally or by mail designating sections 9(a) (1) and (10) of (airmail if the person being served is ***** the Act as applicable to the proposed located more than 500 miles from the I. Area Administrators. transactions. All interested persons are point of mailing) upon the applicant at B. Development Company Assistance referred to the application, which is Program. summarized below, for a complete state­ the above-stated address and proof of service (by affidavit or, in case of an at­ * * * * * ment of the proposed transactions. torney at law, by certificate) should be Southwestern and the city of Wake 4. To execute sections 501 and 502 loan filed with the request. At any time after authorizations for Central Office ap­ Village, Tex. (“City”) have entered into said date, the application, as filed or as proved loans and for loans approvea an agreement dated December 13, 1968, it may be amended, may be granted as under delegated authority, said execution pursuant to which Southwestern pro­ provided in Rule 23 of the general rules poses to acquire the electric distribution to read, as follows: and regulations promulgated under the (Nam e), Administrator system owned by the City for $460,000 Act, or the Commission may grant ex­ in cash. An election by the qualified emption from its rules as provided in By: ------voters residing in the City was held on (Name) Rules 20(a) and 100 thereof or take such Area Administrator. December 3, 1968, in which election a other action as it may deem appropriate. majority of said voters cast their ballots Persons who request a hearing or advice 5. To cancel, reinstate, modify, and in favor of the sale of the City’s electric as to whether a hearing is ordered will amend authorizations for sections oo distribution system to Southwestern. The receive notice of further developments and 502 loans. . filing states that the consideration was in this matter, including the date of the 6. To take all necessary actions in coi determined as a result of arm’s-length nection with the administration, servi bargaining between the parties. The hearing (if ordered) and any postpone­ agreement also provides for a proration ments thereof. ing, and collection; and to do a

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5135 perform and to assent to the doing and mately may be granted as a result of the ville, Mich., at the southwest intersec­ performance of, all and every act and applications here noticed will not neces­ tion of Textile and McKean Roads, in thing requisite and proper to effectuate sarily reflect the phraseology set forth Washtenaw County, Mich. the granted powers, including without in the application as filed, but also will A report and recommended order, em­ limiting the generality of the foregoing. eliminate any restrictions which are not braced in No. MC-F-8 8 6 6 , served June 24, a. The assign m en t, endorsement, acceptable to the Commission. transfer and delivery (but in all cases 1965, effective July 25, 1965, found that without representation, recourse or war­ Applications Assigned for Oral H earing the present and future public conven­ ience and necessity require operations by ranty) of notes, claims, bonds, deben­ MOTOR CARRIERS OF PROPERTY applicant in interstate or foreign com­ tures, mortgages, deeds of trust, con­ No. MC-28478 (Sub-No. 24) (Republi­ merce, as a motor common carrier of tracts, patents and applications therefor, cation) , filed March 1,1965, published in licenses, certificates of stock and of general commodities, except those of un­ the F ederal R egister issue of April 7, usual value, classes A and B explosives, deposit, and any other liens, powers, 1965, as a matter directly related to No. rights charges on and interest in or to household goods as defined by the Com­ MC-F-8 8 6 6 , and republished after report property of any kind, legal and equitable, mission, commodities in bulk, and those and order embraced in No. MC-F-8 8 6 6 , requiring special equipment, over regular now or hereafter held by the Small Busi- ‘ effective July 25,1965, and consummated ness Administration or its Administrator. routes set forth in Appendix F to the b. The execution and delivery of as­ August 6,1965, issuance of certificate No. said report, subject to condition that ap­ MC-28478 (Sub-No. 10), dated Decem­ plicant request that all irregular-route signments, subordinations, releases (in ber 9,1965, and petition for revision, this whole or part) of liens, satisfaction authority between points in Michigan, on issue. Applicant: GREAT LAKES EX­ the one hand, and, on the other, points pieces, affidavits, proofs of claim in bank­ PRESS CO., a corporation, 172 Daven­ ruptcy or other estates, and such other in Ohio as described on sheets 9, 10, 11, port Street, Saginaw, Mich. 48602. Appli­ 12, and 13 of its certificate in No. MC- instruments in writing as may be appro­ cant’s attorney, Rex Eames, 900 Guard­ priate and necessary to effectuate the 28478 (Sub-No. 10), issued February 3, foregoing. ian Building, Detroit, Mich. 48226. Au­ 1960, be canceled. c. The approval of bank applications thority sought to operate as a common Upon consideration of the record in for use of liquidity privilege under the carrier by motor vehicle over 36 described the proceeding, including an order of loan guaranty plan. routes or any combination thereof April 24, 1968, on petition of certain in­ d. Except: (a) To compromise or sell (through conversion of certain irregular- terveners, which required applicant to any primary obligation or other evidence route authorities), transporting: Gen­ show cause, if any there be, why the of indebtedness owed to the Agency for eral commodities (except those of un­ findings in No. MC-28478 (Sub-No. 24) a sum less than the total amount due usual value, classes A and B explosives, should not be modified by limiting the thereon; and (b) to deny liability of the livestock, household goods as defined by grant of regular-route authority and Small Business Administration under the the Commission, commodities in bulk, cancellation of irregular-route authority terms of a participation or guaranty and those requiring special equipment), so as not to exceed that actually sought agreement, or the ascertion of a claim for between Adrian, Ann Arbor, Ypsilanti, and published in the F ederal R egister, recovery from a participating bank Holly, Flint, Pontiac, Monroe, Mount and a petition of applicant, assented to under any alleged violation of a par­ Clemens, Port Huron, and Detroit, Mich., by all interveners, filed January 9, 1969, ticipation or guaranty agreement. on the one hand, and, on the other, for revision of the said certificate, con­ _ C. Procurement and Management As­ Cleveland, Youngstown, Akron, and Can­ ditioned upon acceptance by the Com­ sistance Program. ton, Ohio, serving no intermediate points, mission of the revision in settlement of but serving points within 5 miles of Ann the issues involved, an order of Febru­ **1. To approve applications for Cer­ Arbor, Ypsilanti, Holly, Flint, Pontiac, tificates of Competency up to but not ex­ ary 20, 1969, by the Commission, Divi­ Monroe, Mount Clemens, and Port sion 3, approves and accepts the proposal ceeding $250,000 bid value received from Huron, and points within 10 miles of De­ small business concerns which are lo­ for modification of the findings in No. troit in connection with each of said MC-28478 (Sub-No. 24) and revision of cated within the geographical jurisdic­ routes, and serving all points in the fol­ tion of his area office, with the exception certificate No. MC-28478 (Sub-No. 10), of rereferred cases. lowing described area in Ohio as off- subject to publication in the Federal route points in connection with said R egister, to read as follows: In connec­ ***** routes: Points in that part of Ohio tion with carrier’s regular route opera­ Effective date: December 31,1968. bounded by a line beginning at Cleve­ tions described hereinbelow, service is land, Ohio, and extending over U.S. H oward G reenberg, authorized to and from the off-route Acting Administrator. Highway 21 to junction U.S. Highway points in that part of Ohio bounded by 62 near Massillon, Ohio, thence over U.S. a line beginning at Cleveland, Ohio, and [F.R. Doc. 69-2967; Piled, Mar. 11, 1969; Highway 62 to Salem, Ohio, thence over 8:47 a.m.] extending along Interstate Highway 77 Ohio Highway 14A to junction of Ohio to junction U.S. Highway 62, at or north Highway 14, thence over Ohio Highway of Canton, Ohio, thence along U.S. High­ 14 to the Ohio-Pennsylvania State line way 62 to junction of Ohio Highway to junction U.S. Highway 422, thence 14A, thence along Ohio Highway 14A via INTERSTATE COMMERCE over U.S. Highway 422 to junction of Salem, Ohio, to junction of Ohio High­ Ohio Highway 534, thence over Ohio way 14, thence along Ohio Highway 14 COMMISSION Highway 534 to Southington, Ohio, to the Ohio-Pennsylvania State line, [Notice 1275] thence over Ohio Highway 305 to junc­ thence north along the Ohio-Pennsyl­ motor ca r r ier applications a n d tion U.S. Highway 422, and thence over vania State line to U.S. Highway 422, U.S. Highway 422 to point of origin, in­ CERTAIN OTHER PROCEEDINGS thence along U.S. Highway 422 to junc­ cluding points on the indicated portions tion Ohio Highway 534, thence along March 7, 1969. of the highways specified. In addition, Ohio Highway 534 to Southington, Ohio, following publications are gov- service is authorized at the off-route thence along Ohio Highway 305 to junc­ fi“®" by the. new Special Rule 1.247 of point of Gibralter, Mich., the site of the tion U.S. Highway 422, thence along U.S. ,, ? Commission’s rules of practice, pub- Ford Motor Co. Plant located at the Highway 422 to Cleveland, including the nea in the F ederal R egister, issue of intersection of Michigan Highway 218 points on the indicated portions of the 1963, which became effec­ (Wixon Road) and unnumbered High­ highways specified, except Akron, Can­ tive January 1 , 1 9 6 4 . way (West Lake Drive) north of U.S. ton, and Youngstown, Ohio. Highway 16, in Novi Township, Oakland (1) Between Adrian, Mich., and To­ rpflÜl* Publications hereinafter set forth County, Mich., the site of the Ford Wil­ scope °f the applications as ledo, Ohio, serving no intermediate de and may include low Run Plant located approximately 4 points, from Adrian over Michigan High­ w £ P l0ns’ restrictions, or limitations miles east of Ypsilanti, Mich., the site way 52 to the" Michigan-Ohio State line, the r<~are .no.*' *n a form acceptable to of the Ford Motor Co. Plant located near thence over Ohio Highway 109 to junc­ Commission. Authority which ulti­ the unincorporated village of Rawson- tion U.S. Highway 20, thence over U.S.

No. 48----- 6 FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5136 NOTICES

Highway 20 to Toledo, and return over from Detroit over Michigan Highway 85 off-route point of Tiffin, Ohio, in con­ the same route; (2) between Ypsilanti, to junction Interstate Highway 75, thence nection with the route described imme­ Mich,, and junction U.S. Highway 12 and over Interstate Highway 75 to Toledo, diately above, for delivery only, and (d) U.S. Highway 23, serving no intermediate and return over the same route; (1 2 ) from Toledo to Norwalk, Ohio, as speci­ points and serving junction U.S. High­ between Detroit, Mich., and Toledo, Ohio, fied above, thence U.S. Highway 250 to ways 12 and 23 for purposes of joinder serving the intermediate or off-route junction U.S. Highway 224, thence over only; and serving the off-route points of point of Monroe, Mich., from Detroit U.S. Highway 224 to Akron, and return Gibraltar, Mich., the Ford Motor Co. over U.S. Highway 25 to Toledo (also over the same routes; (18) between Plant located at the intersection unnum­ from Detroit over U.S. Highway 25 to Toledo, Ohio, and Canton, Ohio, serving bered highway ,(Wixom Road) and un­ junction U.S. Highway 24, thence over no intermediate points, except as other­ numbered highway (West Lake Drive) U.S. Highway 24 to Toledo), and return wise indicated; north of Interstate Highway 96 in Novi over the same routes; (13) between (a) from Toledo over Interstate Township, Oakland County, Mich., the Toledo, Ohio, and Cleveland, Ohio, serv­ Highway 280 and U.S. Highway 20 as Ford Motor Co. Willow Run Plant ap­ ing the intermediate points of Norwalk specified to Norwalk, Ohio, thence over proximately 4 miles east of Ypsilanti, and Elyria, Ohio, for delivery only, and U.S. Highway 250 to junction U.S. High­ and the Ford Motor Co. Plant located the off-route points within 1 0 miles of way 30, at or near Jefferson, Ohio, thence near the village of Rawsonville, Mich., at Cleveland unrestricted, from Toledo over over U.S. Highway 30 to Canton, serving the southeast intersection of Textile and Ohio Highway 51 to junction U.S. High­ the intermediate points of Wooster and McKean Roads, in Washtenaw County, way 20, thence over U.S. Highway 20 to Ashland, Ohio, and the off route point Mich., from Ypsilanti over U.S. Highway Cleveland, and return over the same of Mansfield, Ohio, for delivery only, 12 to junction U.S. Highway 23, and re­ route; (14) between Toledo, Ohio, and and the intermediate point of Massillon, turn over the same route; (3) between Cleveland, Ohio, serving the intermediate Ohio, unrestricted, in connection with Holly, Mich., and Ann Arbor, Mich., points of Sandusky and Lorain, Ohio, the route described immediately above, serving no intermediate points, from for delivery only, from Toledo over Ohio and (b) from Toledo over Ohio High­ Holly over unnumbered Michigan high­ Highway 2 via Sandusky, Ohio, to Huron, way 65 to Perrysburg, Ohio, thence over ways via Fenton, Mich., to junction U.S. Ohio, thence over U.S. Highway 6 to U.S. Highway 23 to Fostoria, Ohio, Highway 23, thence over U.S. Highway 23 Cleveland, and return over the same thence over Ohio Highway 18 to junction to junction, Business Route U.S. High­ route; (15) between Toledo, Ohio, and U.S, Highway 224, thence over U.S. way 23, thence over Business Route U.S. Cleveland, Ohio, serving no intermediate Highway 224 to junction U.S. Highway Highway 23 to Ann Arbor, and return points, from Toledo over U.S. Highway 224 or Interstate Highway 80S and U.S. over the same route; (4) between Flint, 25 to Bowling Green, Ohio, thence over Highway 21, thence over U.S. Highway Mich., and Ann Arbor, Mich., serving no U.S. Highway 6 via Huron, Ohio, to 21 to Massillon, Ohio, thence over U.S. intermediate points, from Flint over U.S. Cleveland, and return over the same Highway 30 to Canton, and return over Highway 23 to junction Business Route route; the same routes, serving the off-route U.S. Highway 23, thence over Business (16) Between Toledo, Ohio, and points of Rittman and Dover, Ohio, for Route U.S. Highway 23 to Ann Arbor, Cleveland, Ohio, serving no intermediate delivery only, in connection with the and return over the same route; (5) be­ points, (a) from Toledo over Interstate route described immediately above; and tween Flint, Mich., and Detroit, Mich., Highway 280 to junction Interstate High­ (19) between Cleveland, Ohio, and serving no intermediate points, from way 80 (Ohio Turnpike), thence over Youngstown, Ohio, serving intermediate Flint over Michigan Highway 54 to junc­ Interstate Highway 80 to junction U.S. and off-route points within 1 0 miles of tion Interstate Highway 75, thence over Highway 42, thence over U.S. Highway Youngstown, from Cleveland over U.S. Interstate Highway 75 to Detroit, and 42 to Cleveland, (b) from Toledo over Highway 422 to Youngstown, and return return over the same route; Ohio Highway 65 to Perrysburg, Ohio, over the same route. Irregular-route au­ thority shown on sheet 15 of certificate (6 ) Between Pontiac, Mich., and To­ thence over U.S. Highway 20 to Cleve­ ledo, Ohio, serving no intermediate land, (c) from Toledo over Ohio Highway No. MC-28478 (Sub-No. 10), issued De­ points, from Pontiac over U.S. Highway 51 to junction U.S. Highway 20, thence cember 9, 1965, modified to read as fol­ over U.S. Highway 20 to junction of Ohio lows: Iron and steel, iron and steel 24 to junction U.S. Highway 25, thence products, automobile parts, machinery, over U.S. Highway 25 to Toledo, and Highway 113 at or near Bellevue, Ohio, return over the same route; (7) between thence over Ohio Highway 113 to Elyria, burlap, and paper, from Dover and Pontiac, Mich., and Detroit, Mich., serv­ Ohio, thence over U.S. Highway 20 to Fostoria, Ohio, Ellwood City, New Cas­ ing no intermediate points, from Pon­ Cleveland, and (d) from Toledo over tle, Pittsburgh, and Sharon, Pa., and tiac over U.S. Highway 10 to Detroit, and Interstate Highway 280 to junction, In­ points within 10 miles of Sharon, to terstate Highway 80, thence over Inter­ Adrian, Ann Arbor, Ypsilanti, Jackson, return over the same route; (8 ) between Albion, Battle Creek, Lansing, Holly, Pontiac, Mich., and Ann Arbor, Mich., state Highway 80 to junction Ohio High­ way 10, thence over Ohio Highway 10 to Flint, Pontiac, Monroe, Mount Clemens, serving no intermediate points, from and Detroit, Mich., and points within 10 Pontiac over Michigan Highway 59 to Cleveland, and return over the same routes; (17) between Toledo, Ohio, and miles of Detroit, with no transportation junction U.S. Highway 23, thence over for compensation on return except as U.S. Highway 23 to junction, Business Akron, Ohio, serving no intermediate points, except as otherwise indicated, otherwise authorized. Because it is pos­ Route U.S. Highway 23, thence over Busi­ sible that other persons, who have relied ness Route U.S. Highway 23 to Ann Ar­ (a) from Toledo over U.S. Highway 25 or Interstate Highway 75 to Findlay, Ohio, upon the notice of the Sub-24 applica­ bor, and return over the same route; (9) tion as published, may have an interest between Port Huron, Mich., and Detroit, thence over U.S. Highway 224 to Akron, Mich., serving the intermediate point of (b) from Toledo over Interstate Highway in and would be prejudiced by the lack 280 to junction Interstate Highway 80, of proper notice of the authority de­ Mount Clemens, Mich., from Port Huron scribed in the findings in the order of over Interstate Highway 94 to junction thence over Interstate Highway 80 to junction U.S. Highway 250, thence over July 25, 1965, as modified by the order U.S. Highway 25, thence over U.S. High­ of February 20, 1969, a notice of the au­ way 25 to Detroit, and return over the U.S. Highway 250 to Norwalk, Ohio, thence over U.S. Highway 20 to junction thority actually granted is being pub­ same route; (10) between Port Huron, lished in the F ederal R egister, and Mich., and Detroit, Mich., serving the in­ Ohio Highway 18, thence over Ohio Highway 18 to Akron, serving the inter­ issuance of a revised certificate in the termediate or off-route point of Mount Sub-10 proceeding will be withheld for Clemens, Mich., from Port Huron over mediate point of Wellington, Ohio, for delivery only, in, connection with the a period of 30 days from the date of sucn Interstate Highway 94 to Detroit, and publication, during which period any return over the same route; route described immediately above, (c) from Toledo over Ohio Highway 65 to proper party in interest may file a peti­ (11) Between Detroit, Mich., and Perrysburg, Ohio, thence over U.S. High­ tion to reopen or for other appropriate Toledo, Ohio, serving the intermediate relief setting forth in detail the precise or off-route point of Monroe, Mich., and way 23 to Fostoria, Ohio, thence over U.S. the intermediate or off-route points in Highway 224 to Akron, serving the inter­ manner in which it has been so Michigan within 10 miles of Detroit, mediate point of Fostoria, Ohio, and the prejudiced.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5137 No. MC 52964 (Sub-No. 10) (Republi­ Highway 218; (e) between Waterloo, containers, beyond the points author­ cation), filed March 1, 1965, published Iowa, and Iowa City, Iowa, over U.S. ized and further restricted to the per­ Federal R egister issue of September 22, Highway 218; (f) between Iowa City, formance of pickup and delivery service 1965, and republished this issue. Appli­ Iowa, and Mount Pleasant, Iowa, over in connection with packing, crating, cant: EUGENE P3KOVSKY, doing busi­ U.S. Highway 218, and return over the and containerization, or unpacking, un­ ness as FREIGHT TRANSIT CO., 2690 same routes, in (a) through (f) above, crating, and decontainerization of such Prior Avenue North, St. Paul, Minn. Ap­ as alternate routes for operating Con­ traffic; that applicant is fit, willing, and plicant’s representative: Donald A. venience only, in connection with appli­ able properly to perform such service Morken, 1000 First National Bank Build­ cant’s authorized regular-route opera­ and to conform to the requirements of’ ing, Minneapolis, Minn. 55402. By ap­ tions, including those granted in this the Interstate Commerce Act and the plication filed March 1, 1965, pursuant to proceeding, serving no intermediate Commission’s rules and regulations the provisions of Special Rules of Pro­ points, and serving the termini for the thereunder. Because it is possible that cedure Governing Conversion of Irreg­ purpose of joinder only (except Charles other parties who have relied upon the ular-Route Motor Carrier Operations, City, Iowa); and notice of the application as published, formerly 49 CFR 102a, applicant seeks a (C) That the report and order of De­may have an interest in and would be certificate of public convenience and cember 8 , 1966, be further modified; (1) prejudiced by the lack of proper notice necessity authorizing operations, in in­ by making the grant of authority sub­ of the authority described in the find­ terstate or foreign commerce, as a com­ ject to the condition that the authority ings in this report, a notice of the au­ mon carrier by motor vehicle, over granted herein shall not be severable by thority actually granted will be pub­ regular routes, of general commodities, sale or otherwise from the underlying lished in the F ederal R egister and is­ with exceptions, between certain speci­ irregular-route authority in No. MC- suance of a certificate in this proceeding fied points. By report and order of De­ 52964; and (2) by imposing the condi­ will be withheld for a period of 30 days cember 8 , 1966, by the Commission, tion that a certificate shall not be issued from the date of such publication, dur­ Operating Rights Review Board No. 1, in this proceeding until after applicant ing which period any proper party in the application was partially granted, has filed a written request for the inser­ interest may file a petition to reopen or but as yet, no certificate has been issued. tion in its certificate No. MC-52964 of a for other appropriate relief setting forth By petition filed October 25, 1968, appli­ restriction providing that it shall not, in detail the precise manner in which it cant seeks waiver of Ride 101(e) of the pursuant to the irregular-route general- has been so' prejudiced. general rules of practice and leave to commodity authority contained therein, No. MC 130050 (Republication), filed file tendered petition for reconsideration, transport shipments moving between any January 15, 1968, published in the F ed­ pointing out that in view of the sale of points authorized herein to be served by eral R egister issue of Jantfary 25, 1968, certain of its operating rights, it does it in regular-route operations. Because it and republished this issue. Applicant: not now have access to some of its au­ is possible that other parties, who have TOWN & COUNTRY TRAVEL SERV­ thorized points, and applicant requests relied upon the notice of the application ICE, INC., 2821 Lee Street, Greenville, access over a route between Minneap­ as published, may have an interest in Tex. 75402. Applicant’s representative: olis, Minn., and Mount Pleasant, Iowa, and would be prejudiced by the lack of Roland Boyd, 218 East Louisiana Street, which amounts to a request for alter­ proper notice of the authority described McKinney, Tex. 75069. By application nate-route authority over this route; and in this order, a notice of this authority filed January 15, 1968, applicant seeks that no one opposes the relief sought. will be published in the F ederal R egister, a license (BMC 5) authorizing operation, An order of the Commission, Division and any proper party in interest may file in interstate or foreign commerce, as a 1, acting as an Appellate Division, dated an appropriate petition for leave to in­ broker at Greenville and Sulphur February 1 1 , 1969, and served Feb- tervene in this proceeding setting forth Springs, Tex., in arranging for the trans­ ruary 20, 1969, finds that Rule 101(e) of in detail the precise manner in which it portation of passengers and their bag­ the general rules of practice be, and is has been so prejudiced, within 30 days of gage, both as individuals and in groups, hereby, waived, and the tendered peti­ the date of publication in the F ederal in all-expense tours beginning and end­ tion for reconsideration be accepted for R egister. ing at points in Texas, and extending to filing, and the above-entitled proceeding No. MC 129905 (Republication), filed points in the United States, including be reopened on the present record, solely May 13, 1968, published in F ederal R eg­ for the purpose of considering; Alaska and Hawaii. By report and order ister issue of May 30, 1968, and repub­ dated July 29, 1968, Review Board No. (A) That the report and order of De­ lished this issue. Applicant: ALL 3 denied the application. By petition filed cember 8 , 1966, be modified; (a) by STATES MOVING AND STORAGE CO., August 23, 1968, applicant sought leave deleting part (1 ) of the grant of au­ INC., 2800 Navy Boulevard, Pensacola, to present additional evidence in sup­ thority, appearing on Lines 20-25 of Fla. Applicant’s representative: Sol H. port of the application. By order dated and substituting in lieu thereof Proctor, 1729 Gulf Life Tower, Jackson­ October 21, 1968, Division 1, acting as (1 ) between Charles City, Iowa, and the ville, Fla. 32207. By application filed an Appellate Division, reopened the pro­ Iowa-Minnesota State Line, over U.S. May 13,1*968, applicant seeks a certificate ceeding for further processing under H^hway218,”; (b) by deleting the figure of public convenience and necessity au­ modified procedure upon the receipt of on 9 of Sheet 10 of said re­ thorizing operation in interstate or for­ port, and substituting in lieu thereof additional evidence. By report and order eign commerce, as a common carrier, by of the Commission, Review Board No. 1, tt, ;Ff(ure and (c) by adding the motor vehicle, over irregular routes of word Owatonna,” after the word “Man- decided February 25, 1969, and served household goods, as defined by the Com­ February 28, 1969, finds that operation *ato, on Line 9 of Sheet 1 0 of said re­ mission, restricted to shipments moving port; (B) That the report and order of by applicant at Greenville, Paris, and in containers and having an immediately Sulphur Springs, Tex., as a broker in December 8,1966, be further modified by prior or subsequent movement by rail, aaamg the following after “Minneapolis- Arranging for transportation by motor motor, water, or air, and moving on vehicle, in interstate or foreign com­ 3* Minn.;” on Line 13 of Sheet 10 through bills of lading of forwarders, merce, of passengers and their baggage, Twrir^f1^ roport: and (14) (a) Between between points in Florida. A report of Minneapolis and Owatonna, Minn., from as individuals and in groups, in round- the Commission, Review Board No. 1, trip, all-expense tours beginning and mneapolis over Minnesota Highway 55 decided February 18, 1969, and served junction Minnesota Highway 13. ending at points in that part of Texas «iuiuTOUba mgnway 1 3 February 24c, 1969, finds that the present on and north of U.S. Highway 84, via iuniSJ, 0Vc:r Minnesota Highway 13 tc and future public convenience and Waco, Brownwood, Abilene, and Lub­ S ' - \ Highway 65> and thence necessity require operation by applicant ®ghway 65 to Owatonna; (b) bock, Tex., and extending to points in in interstate or foreign commerce as a the United States, including Alaska and Owatonna, Minn., and the common carrier, by motor vehicle, over Ri^hlfS0^.'Iowa s tate line, over U.S irregular routes of used household goods Hawaii, will be consistent with the pub­ Iowa aanrt18itr(C) ^ w e e n Charles City, between points in Escambia, Santa Rosa, lic interest and the national transporta­ HiehWflt do i T averly* Iowa> over U.S and Okaloosa Counties, Fla., restricted tion policy; that applicant is fit, willing, I0Wa W^ ,2 1J^ between Waverly, to the transportation of traffic having and able properly to perform such serv­ ’ and Waterloo, Iowa, over U.S a prior or subsequent movement, in ice and to conform to the requirements

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5138 NOTICES of the Interstate Commerce Act and the tion with Maryland Highway 193 in ruary 19, 1969. If a hearing is deemed Commission’s rules and regulations College Park, Md., and return over the necessary, applicant requests it be held thereunder; that a license authorizing same route, serving no intermediate at Washington, D.C. such operation should be granted, sub­ points. No. MC 35320 (Sub-No. 105) (Correc­ ject to the right of the Commission, Restriction: Use of the above-described tion), filed January 27, 1969, published which is hereby expressly reserved, to route is restricted against the transpor­ Federal Register issue of February 26, impose, after final determination of the tation of any traffic originating at Col­ 1969, corrected and republished, this proceeding in Ex Parte No. MC-29 (Sub- lege Park, Md., and destined to either issue. Applicant: T. I. M. E.-DC, INC., No. 2), Operations of Brokers of Pas­ Washington, D.C., or Baltimore, Md., or Post Office Box 2550, also 2598 74th senger Transportation, such terms and vice versa. (4) In Docket No. MC-1501 Street, Lubbock, Tex. 79408. Applicant’s conditions, if any, as may be deemed (Sub-No. 92), Sheet No. 17, third para­ representatives: Thomas F. Kilroy, 1341 necessary to insure that the operations graph (now assigned No. MC-1515, but G Street NW., Washington, D.C., and of applicant are limited to bona fide serv­ unissued) reading as follows: (a) “Be­ Frank M. Garrison, Post Office Box 2550, ice as a broker in arranging round-trip, tween Laurel, Md., and the junction of Lubbock, Tex. 79408. Authority sought to all-expense tours; because it is possible Maryland Highway 602 and the Balti­ operate as a common carrier, by motor that other parties who .have relied upon more-Washington Expressway, serving vehicle, over regular routes, transport­ the notice of the application as pub­ all intermediate points: From Laurel ing: General commodities; (1) between lished, may have an interest in and would over Maryland Highway 602 to junction Kansas City, Mo., and Harrison, Ark.: be prejudiced by the lack of proper notice Baltimore-Washington Expressway, and From Kansas City over U.S. Highway 50 of the authority described in the findings return over the same route.” And the over Lees Summit, Mo., to Warrensburg, in this report and order, a notice of the fourth paragraph reading as follows: (b) Mo., thence over Missouri Highway 13 authority actually granted will be pub­ “Between Laurel, Md., and the junction through Clinton, Mo., to Springfield, lished in the F ederal R egister and is­ of Maryland Highway 197 and the Mo., thence over U.S. Highway 65 to Har­ suance of a license in this proceeding will Baltimore-Washington Expressway, serv­ rison (also from Lees Summit, Mo., over be withheld for a period of 30 days from ing all intermediate points: From Laurel Bypass U.S. Highway 71 to junction U.S. the date of such publication, during over Maryland Highway 197 to junction Highway 71, thence over U.S. Highway which period any proper party in interest Baltimore-Washington Expressway, and 71 to junction U.S. Highway 35, thence may file a petition to reopen or for other return over the same route.” Should over U.S. Highway 35 to Clinton, and appropriate relief setting forth in detail both be restricted, subject to the ap­ thence to Harrison as specified above), the precise manner in which it has been proval and consummation of the re­ and return over the some route, serving so prejudiced. lated BMC-44 application, as follows: no intermediate points but serving Restriction: Restricted against the Springfield, Mo., for purposes of joinder Applications for Certificates or P er­ only; and (2) between St. Louis, Mo., mits W hich Are Be P rocessed Con­ transportation of traffic originating at To and Tulsa, Okla., over U.S. Highway 66 currently W ith Applications Under Washington, D.C., or Baltimore, Md., on the one hand, and destined to Laurel, serving no intermediate points but serv­ Section 5 Governed by Special R ule ing Springfield, Mo., for the purpose of 1.240 to the E xtent Applicable Md., on the other, or vice versa. (5) In Docket No. MC-1501 (Sub-No. 211), joinder only; and (3) between Kansas No. MC 1515 (Sub-No. 129), filed Feb­ Sheet No. 2, last paragraph (now as­ City, Mo., and Tulsa, Okla.: From Kan­ ruary 12,1969. Applicant: GREYHOUND signed Docket No. MC-1515, but un­ sas City, Mo., over U.S. Highway 71 to LINES, INC., 1400 West Third Street, issued) reading as' follows: “Between Carthage, Mo., and thence over U.S. Cleveland, Ohio 44113. Applicant’s repre­ Washington, D.C., and Leonardtown, Highway 6 6 to Tulsa, and return over sentative: L. C. Major, Jr., Suite 301, Md., serving all intermediate points: the same route, serving no intermediate Tavern Square, 421 King Street, Alexan­ From Washington over city streets to the points. N ote: This is a matter directly dria, Va. 22314. Authority sought to District of Columbia-Maryland State related to MC-F-10385, published in the operate as a common carrier, by motor line, thence over Maryland Highway 5 to Federal Register issue of February 5, vehicle, over regular routes, transport­ Leonardtown, Md., and return over the 1969. The purpose of this republication ing: Passengers and their "baggage, and same route.” Should read, and be re­ is to include routes (2) and (3), which express and newspapers in the same stricted, subject to the approval and were inadvertently omitted from previous vehicle with passengers; ( 1 ) between consummation of the related BMC-44 publication. If a hearing is deemed neces­ Washington, D.C., and Rockville, Md., application, as follows: sary, applicant requests it be held at Washington, D.C., or St. Louis, Mo. from Washington, D.C., over Maryland Between Washington, D.C., and Wal­ Highway 190 to junction with Interstate dorf, Md., serving no intermediate points: Applications Under Sections 5 and Highway 495, thence over Interstate From Washington over city streets to 2 1 0 a(b) Highway 495 to junction with Interstate the District of Columbia-Maryland State Highway 270, thence over Interstate The following applications are gov­ line, thence over Maryland Highway 5 erned by the Interstate Commerce Com­ Highway 270 to junction with U.S. High­ to Waldorf, Md., and return over the way 240 and Interstate Highway 70S,_ mission’s special rules governing notice same route. Restriction: Restricted of filing of applications by motor carriers thence over U.S. Highway 240 and Inter­ against the transportation of traffic state Highway 70S to Rockville, Md., and of property or passengers under sections originating at Washington, D.C., and 5(a) and 210a(b) of the Interstate Com­ return over the same route, serving no destined to Waldorf, Md., and all inter­ intermediate points and serving Rock­ merce Act and certain other proceedings mediate points thereto, or vice versa. with respect thereto (49 CFR 1.240). ville, Md., for the purposes of joinder N ote: Applicant states that the route only. (2) Between the junction of Mary­ description in (4) above was changed by MOTOR CARRIERS OF PROPERTY land Highways 806 and 355 and Fred­ letter notice of redesignation to the In­ erick, Md., from the junction of Mary­ terstate Commerce Commission under No. MC-F-10397. (C o r r e c tio n ) land Highways 806 and 355 over Mary­ date of September 29, 1967, to read as (ARROW FREIGHTWAYS, INC.— land Highway 355 to Frederick, Md., and follows: “From Laurel over Maryland Purchase (Portion) — SPRINGER return over the same route, serving no Highway 198 to junction Baltimore- CORP.), published in the February 26, intermediate points. Restriction: Use of Washington Expressway, and return 1969, issue of the F ederal R egister, on both of the above-described routes is re­ over the same route”. Applicant further page 2637. This correction to show oper­ stricted against the transportation of states that by the instant application, it ating rights sought to be transferred to any traffic originating at Washington, seeks to have imposed on certain of its read: Commodities which because of size D.C., and destined to Frederick, Md., or existing route authority restrictions as or weight, require the use of special vice versa. (3) Between Washington, detailed in (4) and (5) above for the equipment (heavy hauling authority), as D.C., and College Park, Md: From Wash­ protection of Atwood’s Transport Lines, a common carrier, over irregular routes, ington, D.C., over Alternate U.S. High­ Inc. This application is a matter directly between points in that part of New Mex­ way 1 to its junction with U.S. Highway 1, related to Docket No. MC-F-10395, pub­ ico, Colorado, and Arizona, within 200 thence over U.S. Highway 1 to its junc­ lished F ederal R egister issue of Feb­ miles of Albuquerque, N. Mex., etc., to

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5139 lieu of 20 miles of Albuquerque, N. Mex. Delaware, Maine, Maryland, Massachu­ ery and supplies, in truckloads, between Note : This notice does not alter the due setts, Ohio, Michigan, New Hampshire, certain specified points in Ohio, on the date for filing protest. New York, New Jersey, and the District one hand, and, on the other, points in No. MC-F-10398. (Correction) (ARI­ of Columbia. Application has been filed Pennsylvania west of U.S. Highway 219; ZONA TANK LINES, INC.—Purchase for temporary authority under section advertising matter, from Buffalo, N.Y., (Portion)—SPRINGER CORP.), pub­ 2 1 0 a(b). and Detroit, Mich., to Pittsburgh, Pa.; lished in the February 26, 1969, issue of No. MC-F-10409. Authority sought for bottle caps, from New Kensington, Pa., the Federal Register, on page 2637. This purchase by LARAMEE’S TRANSIT, to Bowling Green and Fremont, Ohio, correction to show operating rights INC., 299 First Avenue, Woonsocket, R.I. and Medina, N.Y.; can Uds and empty sought to be transferred to read: Com­ 02895, of a portion of the operating rights tin cans, from Pittsburgh, Pa., to Medina, modities in bulk, as a common carrier, Of PAULINE E. RICHARDSON, doing N.Y.; fresh tomatoes, from Bowling over irregular routes, between points in business as RICH’S SOUTH SHORE Green, Ohio, to Pittsburgh, Pa.; machin­ that part of New Mexico, Colorado, and EXPRESS, 732 Nantasket Avenue, Hull, ery, equipment, and supplies, used in Arizona, within 200 miles of Albuquer­ Mass. 02045, and for acquisition by GAS­ processing and packing of food products, que; in lieu of 20 miles of Albuquerque. PER AMATO, 3 Jacques Street, Somer­ between Bowling Green, Ohio, Medina, Note: This notice does not alter the due ville, Mass., of control of such rights N.Y., and Pittsburgh, Pa., between Fre­ date for filing protest. through the purchase. Applicants’ attor­ mont, Ohio, Medina, N.Y., and Pitts­ No. MC-F-10407. Authority sought for neys: Kenneth B. Williams, 111 State burgh, Pa.; food products, advertising purchase by BEND PORTLAND TRUCK Street, Boston, Mass. 02109, and Francis materials, office supplies, and raw mate­ SERVICE, INC., doing business as P. Barrett, 60 Adams Street, Milton, rials, used in the processing, packing, and TRANS WESTERN EXPRESS, 5940 Mass. 02187. Operating rights sought to sale of food products, between Bowling North Basin Avenue, Portland, Oreg. be transferred: General commodities, ex­ Green, Ohio, and Pittsburgh and Am- 97217, of the operating rights of PA­ cept lumber, those of unusual value, bridge, Pa., between Medina, N.Y., CIFIC TRANSFER AND STORAGE classes A and B explosives, household Toledo, Ohio, and Pittsburgh and COMPANY, 2350 Northwest York, Port­ goods as defined by the Commission, Ambridge, Pa., between Pittsburgh, Pa., land, Oreg. 97210, and for acquisition by commodities in bulk, and those requiring on the one hand, and, on the other, Buf­ WILFRED E. JOSSY, also of 5940 North special equipment as a common carrier, falo and Syracuse, N.Y., certain specified Basin Avenue, Portland, Oreg., of control over irregular routes between points points in Ohio, and Detroit, Mich., and of such rights through the purchase. Ap­ within 25 miles of the city hall, Boston, tomato pulp, tomato juice, and ketchup, plicants’ attorney: Owen M. Panner, 1026 Mass. Vendee is authorized to operate as from Fremont, Ohio, to Pittsburgh, Pa.; Bond Street, Bend, Oreg. 97701. Opera­ a common carrier in Massachusetts, with restriction. Vendee is authorized to ting rights sought to be transferred: Rhode Island, and Connecticut. Applica­ operate as a common carrier in Ohio, General commodities, except those of tion has not been filed for temporary Maryland, Massachusetts, New Jersey, unusual value, and except dangerous ex­ authority under section 2 1 0 a(b). New York, Pennsylvania, Vermont, Illi­ plosives, household goods as defined in No. MC-F-10410. Authority sought for nois, Connecticut, Delaware, Florida, Practices of Motor Common Carriers of purchase by OHIO EASTERN EXPRESS, Massachusetts, Rhode Island, Virginia, Household Goods, 17 M.C.C. 467, com­ INC., 300 West Perkins Avenue, Post Of­ North Carolina, South Carolina, Maine, modities in bulk, commodities requiring fice Box 2297, Sandusky, Ohio 44870, of West Virginia, New Hampshire, Vir­ special equipment, and those injurious or the operating rights of THE HIRT ginia, and the District of Columbia. Ap­ contaminating to other lading as a com­ TRUCKING COMPANY, 771 Walnut plication has been filed for temporary au­ mon carrier, over irregular routes, be­ Street, Fremont, Ohio 43420, and for ac­ thority under section 2 1 0 a(b). quisition by THOMAS FEICK, 1230 tween points within 3 miles of Portland, By the Commission. Oreg., including Portland. Vendee is au­ Wayne Street, Sandusky, Ohio 44870, thorized to operate as a common carrier and KENNETH TONE, 333 East Wash­ [seal] H. N eil Garson, m California, Oregon, Idaho, Nevada, ington Street, Sandusky, Ohio 44870, of Secretary. and Washington. Application has been control of such rights through the pur­ [F.R. Doc. 69-2974; Filed, Mar. 11, 1969; filed for temporary authority under sec­ chase. Applicants’ representative: M. A. 8:48 a.m.] tion 2 1 0 a(b). Taylor, Post Office Box 2297, Sandusky, No. MC-F-10408. Authority sought foi Ohio 44870. Operating rights sought to be control by T. BRAGG McLEOD, 302' transferred: Prepared foods, in contain­ [Notice 541] North Tryon Avenue, Charlotte, N.C ers, and empty barrels and kegs, as a common carrier, over irregular routes, MOTOR CARRIER ALTERNATE ROUTE 28208, of CUSTOM TRANSPORT, INC. DEVIATION NOTICES Box 522, Lincolnton, N.C. Applicants’ at­ between Fremont and Green Springs, torney: Morton E. Kiel, 140 Cedar Street Ohio, Jonesville, Mich., and Pittsburgh, March 7, 1969. New ^ork, N.Y. 10006. Operating right! Pa.; steel, steel stampings, enamelware, The following letter-notices of propos­ sought to be controlled: Textile wasti and enamelware products, and electric als to operate over deviation routes for materials and used bagging, and textilt refrigerator parts, between Clyde, Ohio, operating convenience only have been waste materials and cotton which are and Connersville, Ind., from Connersville, filed with the Interstate Commerce within the exemption of section 203(b) Ind., to Cincinnati, Ohio; cabbage, from Commission, under the Commission’s De­ of the Interstate Commerce Act certain specified points in Ohio, to Jones­ ville, Mich.; agricultural implements and viation Rules Revised, 1957 (49 CFR * •fwJ'ranspor*'et* in the same vehiclt 2 1 1 .1 (c)( 8 )) and notice thereof to all witn the commodities specified herein, ai farm machinery, from Battle Creek, interested persons is hereby given as pro­ a common carrier, over irregular routes Mich., to Green Springs, Ohio, from vided in such rules (49 CFR 211.1 (d) (4) ). oetween points in North Carolina, Vir- Mount Sterling, Ky., to Fremont, Ohio; scrap metal, from Clyde and Bellevue, Protests against the use of any pro­ “¡ ^ ’i^nnessee, South Carolina, Geor- posed deviation route herein described Arkansas, and Mississippi Ohio, to Detroit, Mich.; sauerkraut and pickles, in containers, and canned fruit, may be filed with the Interstate Com­ m cLEOD holds no authority merce Commission in the manner and ^“3® Commission. However, he con- vegetables, and vegetable juices, from certain specified points in Ohio, to points form provided in such rules (49 CFR 5£? t r u c k in g COMPANY, 2 1 1 .1 (e)) at any time, but will not op­ nfP:’ 2 0 2 7 North Tryon Avenue, Post in Illinois, Indiana, Pennsylvania, and the Lower Peninsula of Michigan; glass erate to stay commencement of the pro­ 8409, Charlotte, N.C., which posed operations unless filed within 30 .^° operate as a cojnmon containers, from Alton, 111., and Gas City, Ind., to Oak Harbor, Ohio; cans, from days from the date of publication. Kentimt11 Georgia, Alabama, Arkansas, Successively filed letter-notices of the Dlinois- Indiana, Louisiana, Chicago, 111., to Oak Harbor, Ohio; salt, from points in the Lower Peninsula of same carrier under the Commission’s De­ da Missouri, Tennessee, Florid viation Rules Revised, 1957, will be num­ p ’ North Carolina* South Carolina, Michigan, to Oak Harbor, Ohio; coal, ermsylvania, Rhode Island, Vermont, salt, sugar, fresh fruits and vegetables, bered consecutively for convenience in packed vegetables, in cans and barrels, es Virginia, Virginia, Connecticut, identification and protests if any should empty containers, and canning machin­ refer to such letter-notices by number.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY* MARCH 12, 1969 5140 NOTICES

Motor Carriers of P roperty follows: From Lexington, Ky., over U.S. Johnsbury, Vt., and return over the same Highway 25 to Cincinnati, Ohio, thence route,* for operating convenience only. No. MC 730 (Deviation No. 39), over U.S. Highway 52 to Indianapolis, The notice indicates that the carrier is PACIFIC INTERMOUNTAIN EXPRESS Ind., and return over the same route. presently authorized to transport the CO., 1417 Clay Street, Oakland, Calif. No. MC 2401 (Deviation No. 27), MO­ same commodities, over a pertinent serv­ 94612, filed February 24, 1969. Carrier’s ice route as follows: From Boston, Mass., representative: Alfred G. Krebs, Post TOR FREIGHT CORPORATION, 2345 South 13th Street, Terre Haute, Ind. over Massachusetts Highway 28 to the Office Box 958, Oakland, Calif. 94604. Massachusetts-New Hampshire State Carrier proposes to operate as a com­ 47802, filed February 24, 1969. Carrier proposes to operate as a common carrier, line, thence over New Hampshire High­ mon carrier, by motor vehicle, of gen­ way 28 to Manchester, N.H., thence over eral commodities, with certain excep­ by motor vehicle, of general commodities, with certain exceptions, over a deviation U.S. Highway 3 to junction New Hamp­ tions, over a deviation route as follows: shire Highway 3A near Franklin, N.H., From Omaha, Nebr., over Interstate route as follows: From Columbus, Ohio, over Interstate Highway 70 to junction thence over New Hampshire Highway 3A Highway 80 to junction Interstate High­ to junction New Hampshire Highway 3A way 94, thence over Interstate Highway Interstate Highway 465 (Indianapolis, Ind., Bypass), thence over Interstate to junction New Hampshire Highway 25, 94 to Detroit, Mich., and return over the thence over New Hampshire Highway 25 same route, for operating convenience Highway 465 to junction Interstate High­ way 74, thence over Interstate Highway to junction New Hampshire Highway 10, only. The notice indicates that the thence over New Hampshire Highway carrier is presently authorized to trans­ 74 to junction Interstate Highway 80, thence over Interstate Highway 80 to 10 to junction U.S. Highway 302, thence port the same commodities, over perti­ over U.S. Highway 302 to Wells River, nent service routes as follows: (1) From Omaha, Nebr., and return over the same route, for operating convenience only. Vt., thence over U.S. Highway 5 to St. Omaha, Nebr., over U.S. Highway 75 to Johnsbury, Vt., and return over the same Missouri Valley, Iowa, thence over U.S. The notice indicates that the carrier is Highway 30 to junction Iowa Highway presently authorized to transport the route. 212, thence over Iowa Highway 212 to same commodities, over a pertinent serv­ No. MC 104004 (Deviation No. 34), Belle Plaine, Iowa, thence over Iowa ice route as follows: Prom Columbus, ASSOCIATED TRANSPORT, INC., 380 Highway 131 to junction U.S. Highway Ohio, over U.S. Highway 40 to junction Madison Avenue, New York, N.Y. 10017, 30, thence over U.S. Highway 30 to Ohio Highway 142, thence over Ohio filed February 25, 1969. Carrier proposes Clinton, HI., thence over Alternate U.S. Highway 142 to junction U.S. Highway to operate as a common carrier, by motor Highway 30 via Fulton, HI., to junction 42, thence over U.S. Highway 42 to junc­ vehicle, of general commodities, with cer­ U.S. Highway 30, thence over U.S. High­ tion U.S. Highway 35, thence over U.S. tain exceptions, over a deviation route way 30 to junction unnumbered high­ Highway 35 to junction U.S. Highway 40, as follows: From Fayetteville, N.C., over way about 4 miles east of Round Grove, thence over U.S. Highway 40 to Indianap­ U.S. Highway 301 to junction Interstate Highway 95, thence over Interstate High­ 1 1 1 ., thence over unnumbered highway via olis, Ind., thence over U.S. Highway 52 to Emberson, 111., to junction Alternate Montmorenci, Ind., thence over Indiana way 95 (portions of U.S. Highway 301 U.S. Highway 30, thence over Alter­ Highway 53 to junction U.S. Highway 30, where not completed) to junction Inter­ nate U.S. Highway 30 to junction un­ thence over U.S. Highway 30 to Chicago state Highway 26, thence over Interstate numbered highway east of Sterling, Heights, 111., thence over U.S. Highway 54 Highway 26 to Charleston, S.C., and re­ HI., thence over unnumbered highway to Chicago, 111., thence over Alternate turn over the same route, for operating via Prairieville and Palmyra, 111., to U.S. Highway 30 to junction U.S. High­ convenience only. The notice indicates junction Alternate U.S. Highway 30, way 30, thence over U.S. Highway 30 to that the carrier is presently authorized thence over Alternate U.S. Highway junction Iowa Highway 131, thence over to transport the same commodities, over 30 to Chicago, HI.; (2) from junction Iowa Highway 131 to junction Iowa a pertinent service route as follows: Iowa Highway 212 and U.S. Highway Highway 131 to junction Iowa Highway From Fayetteville, N.C., over U.S. High­ 30 over U.S. Highway 30 to junction 212, thence over Iowa Highway 212 to way 301 to junction North Carolina High­ Iowa Highway 131; (3) from Chicago, junction U.S. Highway 30, thence over way 71, thence over North Carolina High­ HI., over U.S. Highway 20 to junction U.S. Highway 30 to Missouri Valley, Iowa, way 71 to Red Springs, N.C., thence over Ohio Highway 120, thence over Ohio thence over Alternate U.S. Highway 30 to North Carolina Highway 211 to Aber­ Highway 120 to Toledo, Ohio; and (4) Council Bluffs, Iowa, thence over city deen, N.C. (also from Fayetteville over from Toledo, Ohio, over U.S. Highway streets to Omaha, Nebr., and return over North Carolina Highway 87 to Jones­ 24 to junction U.S. Highway 25 near the same route. boro, N.C., thence over North Carolina Monroe, Mich., thence over U.S. High­ No. MC 87523 (Deviation No. 1), Highway 78 to junction U.S. Highways way 25 to Detroit, Mich., and return over STEWART TRANSPORT, INC., 476 Val­ 15 and 501, thence over U.S. Highways the same route. ley Street, Manchester, N.H. 03103, filed 15 and 501 to Aberdeen), thence over U.S. February 28, 1969. Carrier’s representa­ Highways 15 aijd 501 to junction U.S. No. MC 2401 (Deviation No. 26), Highway 15, thence over U.S. Highway MOTOR FREIGHT CORPORATION, tive: Leonard A. Jaskiewicz, Madison Building, 1155 15th Street NW„ Wash­ 15 to McColl, S.C., thence over U.S. High­ 2345 South 13th Street, Terre Haute, way 15 to Bennettsville, S.C., thence over Ind. 47802, filed February 24, 1969. Car­ ington, D.C. 20005. Carrier proposes to operate as a common carrier, by motor South Carolina Highway 9 to Cheraw, rier proposes to operate as a common S.C., thence over U.S. Highway 52 via carrier, by motor vehicle, of general vehicle, of general commodities, with cer­ tain exceptions, over a deviation route as Florence, S.C., to Charleston, S.C. (also commodities, with certain exceptions, from Bennettsville, S.C., over South Car­ over a deviation route as follows: From follows: From Boston, Mass., over city streets to junction Interstate Highway olina Highway 9 to Dillon, S.C., thence Lexington, Ky., over U.S. Highway 25 over U.S. Highway 501 to Marion, S.C. (an access road) to junction Interstate 93, thence over Interstate Highway 93 to junction Interstate Highway 193 at Man­ (or via South Carolina Highway 57 to Highway 75, thence over Interstate Mullins and thence U.S. Highway 76 to Highway 75 to junction Interstate High­ chester, N.H., thence over Interstate Highway 193 to junction Interstate High­ Marion), thence over U.S. Highways 76 way 64, thence over Interstate Highway and 301 to Florence, S.C., thence over 64 to junction Interstate Highway 264 way 93, thence over Interstate Highway (Louisville, Ky., Bypass), thence over 93 to junction U.S. Highway 3, thence U.S. Highway 52 to Charleston, S.C.), Interstate Highway 264 to junction In­ over U.S. Highway 3 to junction Inter­ and return over the same route. terstate Highway 71, thence over Inter­ state Highway 93, near Franconia Notch, No. MC 112713 (Deviation No. 13). state Highway 71 to junction Interstate N.H., thence over Interstate Highway 93 YELLOW FREIGHT SYSTEM, INC., Highway 65, thence over Interstate to junction New Hampshire Highway 18, 92d at State Line, Post Office Box 8462, at Littleton, N.H., thence over New Highway 65 to Indianapolis, Ind., and Kansas City, Mo. 64114, filed February 26, return over the same route, for operat­ Hampshire Highway 18 to the New ing convenience only. The notice indi­ Hampshire-Vermont State line, thence 1969. Carrier proposes to operate as a cates that the carrier is presently au­ over Vermont Highway 18 to junction common carrier, by motor vehicle, of thorized to transport the same commodi­ U.S. Highway 2, thence over U.S. High­ general commodities, with certain excep­ ties, over a pertinent service route as way 2 to junction U.S. Highway 5 at St. tions, over a deviation route as follows.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5141

Prom Nashville, Tenn., over U.S. High­ Highway 23) to junction U.S. Highway Charlotte, N.C„ and return over the same way 31W to junction Interstate Highway 23, approximately 5 miles south of Upper route. 65, thence over Interstate Highway 65 to Sandusky, Ohio, thence over U.S. High­ junction Interstate Highway 465, south way 23 to junction Ohio Highway 423 Bythe Commission. of Indianapolis, Ind., thence over Inter­ (formerly portion U.S. Highway 23), [seal] H. N eil Garson, state Highway 465 to junction Interstate thence over Ohio Highway 423 via Mar­ Secretary. Highway 69, thence over Interstate High­ ion, Ohio, to junction U.S. Highway 23 at [F.R. Doc. 69-2975; Filed, Mar. 11, 1969; way 69 to Marshall, Mich., and return Waldo, Ohio, thence over U.S. Highway 8:48 a.m.] over the same route, for operating con­ 23 via Delaware to Columbus, Ohio, and venience only. The notice indicates that return over the same route. the carrier is presently authorized to No. MC 1515 (Deviation No. 511), NOTICE OF FILING OF MOTOR CAR­ transport the same commodities, over GREYHOUND LINES, INC. (Eastern RIER INTRASTATE APPLICATIONS pertinent service routes as follows: (1 ) Division), 1400 West Third Street, Cleve­ Prom Nashville, Tenn., over U.S. High­ land, Ohio 44113, filed February 28, 1969. March 7, 1969. way 41 via Hopkinsville, Ky., to junction Carrier proposes to operate as a common The following applications for motor Kentucky Highway 56, thence over Ken­ carrier, by motor vehicle, of passengers common carrier authority to operate in tucky Highway 56 to the Kentucky- and their baggage, and express and news­ intrastate commerce seek concurrent mo­ Ulinois State line, thence over Illinois papers in the same vehicle with passen­ tor carrier authorization in interstate Highway 13 to junction Illinois Highway gers, over a deviation route as follows: or foreign commerce within the limits 1, thence over Illinois Highway 1 to From Columbus, Ohio, over Interstate of the intrastate authority sought, pur­ Crossville, HI., thence over U.S. Highway Highway 71 to junction Interstate High­ suant to section 206(a) (6 ) of the Inter­ 460 to Evansville, Ind., thence over U.S. way 27Q, thence over Interstate Highway state Commerce Act, as amended Octo­ Highway 41 to Chicago,. 111. (also from 270 to junction Ohio Highway 3, and re­ ber 15, 1962. These applications are gov­ Nashville to junction U.S. Highway 41 turn over the same route, for operating erned by Special Rule 1.245 of the Com­ and Kentucky Highway 56 as specified, convenience only. The notice indicates mission’s rules of practice, published in thence over U.S. Highway 41 to Evans­ that the carrier is presently authorized the F ederal R egister, issue of April 11, ville, Ind., thence to Chicago as speci­ to transport passengers and the same 1963, page 3533, which provides, among fied) ; and (2) from Chicago, 111., over property over a pertinent service route other things, that protests and requests U.S. Highway'1 2 'to Gary, Ind., thence as follows: Between Wooster, Ohio, and for information concerning the time and over U.S. Highway 20 to junction Indi­ Columbus, Ohio, over Ohio Highway 3. place of State Commission hearings or ana Highway 212, thence over Indiana No. MC 109598 (Deviation No. 12), other proceedings, any subsequent Highway 212 to junction U.S. Highway CAROLINA SCENIC STAGES, Post Of­ changes therein, any other related mat­ 12, thence over U.S. Highway 12 to junc­ fice Box 2387, Charlotte, N.C. 28201, filed ters shall be directed to the State Com­ tion unnumbered highway (formerly por­ February 24, 1969. Carrier proposes to mission with which the application is tion U.S. Highway 12) near New Buffalo, operate as a common carrier, by motor filed and shall not be addressed to or Mich., thence over unnumbered highway vehicle, of passengers and their baggage, filed with the Interstate Commerce to junction Interstate Highway 94 (for­ and express and newspapers in the same Commission. merly portion U S. Highway 1 2 ), thence vehicle with passengers, over a deviation State Docket No. 3825-M, filed Febru­ over Interstate Highway 94 to junction route as follows: From Charlotte, N.C., ary 14, 1969. Applicant: BENTON unnumbered highway (formerly portion over Interstate Highway 77 to junction TRANSPORTATION CORPORATION, U.S. Highway 12), thence over unnum­ U.S. Highway 21 (just west of Pineville, Post Office Box 6358, Station C, Savan­ bered highway to Kalamazoo, Mich:, N.C.), thence over U.S. Highway 21 (an nah, Ga. 31405. Applicant’s representa­ thence over Interstate Highway B.L. 94 access road) to junction South Carolina tive: Ariel V. Conlin, 626 Fulton National (formerly portion U.S. Highway 12) to Highway 160, and return over the same Bank Building, Atlanta, Ga. 30303. junction unnumbered highway, thence route, for operating convenience only. Certificate of public convenience and over unnumbered highway (formerly The notice indicates that the carrier is necessity sought to operate a freight portion U.S. Highway 1 2 ) via Battle presently authorized to transport passen­ service as follows: Transportation of (1) Creek, Mich., to Marshall, Mich., and gers and the same property, over a perti­ iron or steel products, viz: plant, sheet, return over the same routes. nent service route as follows: From and coils, galvanized, coated or not Motor Carriers of P assengers Winnsboro, S.C., over South Carolina coated; structural; pipe; nails and spikes, Highway 200 to junction U.S. Highway coated or not coated; and (2 ) aluminum No. MC 1515 (Deviation No. 510), 21, thence over U.S. Highway 21 to Fort products, viz : plate, sheet, blanks, circles, GREYHOUND LINES, INC. (Eastern Lawn, S.C., thence over South Carolina stampings, and shapes; between Savan­ Division), 1400 West Third Street, Cleve­ Highway 9 to junction South Carolina nah, Ga., Port Wentworth, Ga., and land; Ohio 44113, filed February 24, 1969. Highway 901, thence over South Caro­ Garden City, Ga., on the one hand, and Carrier proposes to operate as a common lina Highway 901 to junction U.S. High­ all points in Georgia on the other hand, carrier, by motor vehicle, of passengers way 21, thence over U.S. Highway 21 via over no fixed route. Both intrastate and ana their baggage, and express and news­ Rock Hill, S.C., to junction unnumbered interstate authority sought. papers in the same vehicle with passen­ highway, thence over unnumbered high­ HEARING: Tuesday, April 8 , 1969, at gers, oyer deviation routes as follows: ( 1 > way to Fort Mill, S.C., thence over South 10 a.m., 177 State Office Building, 244 from junction U.S. Highway 6 8 and In­ Carolina Highway 160 to the South Car­ Washington Street SW., Atlanta, Ga, terstate Highway 75 at Findlay, Ohio, olina-North Carolina State line, thence 30334. Requests for procedural informa­ over U.S. Highway 6 8 to junction Ohio over Mecklenburg County, N.C., High­ tion including the time for filing protests highway 15, thence over Ohio Highway way 18 to junction Mecklenburg County concerning this application should be to junction U.S. Highway 23, south of Highway 200, thence over Mecklenburg addressed to thp Georgia Public Service ^arey, °h i0> thence over U.S. Highway County Highway 200 to junction Meck­ Commission, 244 Washington Street, I f Junction Ohio Highway 199 near lenburg County Highway 201 (also from SW., Atlanta, Ga. 30334, and should not nittle Sandusky, Ohio, and (2 ) from junction Mecklenburg County Highways be directed to the Interstate Commerce ° ^ ° ’ over u s - Highway 23 to 18 and 200 over Mecklenburg County Commission. JESS?* 0 h l 0 Highway 15, and return Highways 18 and 201 to junction Meck­ State Docket No. 3836-M, filed Febru­ . kne same routes, for operating con- lenburg County Highway 200), thence ary 26, 1969. Applicant: COASTAL ence only. The notice indicates that over Mecklenburg County Highway 200 TRANSPORT & TRADING CO., Post i l ri?er is Presently authorized to to junction Mecklenburg County High­ Office Box 7177, Savannah, Ga. Ap­ p . £>ort Passengers and the same prop- way 189, thence over Mecklenburg plicant’s representative: Robert W. Ger- fni w,°yeiLa Pertinent service route as County Highway 189 to junction Meck­ ws. Prom Carey, Ohio, over Ohio son, 1201 Commerce Building, Atlanta, lenburg County Highway 196, thence over Ga. 30303. Certificate of public con­ ighway 19 9 (formerly portion U.S. Mecklenburg County Highway 196 to venience and necessity sought to operate

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5142 NOTICES a freight service as follows: Transporta­ Broadway Streets, Los Angeles, Calif. use, within, or between these areas, to tion of iron or steel articles as follows: 90015. Applicant’s representative: provide service at all points in all in­ Iron or steel angles, bars or plate; iron Franklin L. Knox, Jr., 210 West Seventh corporated cities, any part of which lies or steel axles, railway car, locomotive, Street, Room 1035, Los Angeles, Calif. within the boundary of Applicant’s or wheels, without bearings, gears, 90014. Certificate of public convenience present proposed serviced territories. knuckles, tongue tubes, or other steering and necessity sought to operate a freight Both intrastate and interstate authority power attachments; steel piling; iron or service as follows: Transportation of sought. steel pipe; steel plate or sheet, gal­ general commodities (except livestock, HEARING: Not yet assigned. Requests vanized, aluminum coated, painted or fresh fruits and vegetables, property for procedural information including the plain, corrugated or not corrugated, loose transferred by dump truck, household time for filing protests concerning this or in packages; steel rails and railway goods, and property transported in tank application should be addressed to the track; iron or steel reinforcements, for trucks and tank trailers) as authority California Public Utilities Commission, concrete or plaster, wire, wire mesh, bar under its present operating rights, au­ State Building, Civic Center, 455 Golden mesh, or expanded metal, in packages or thorizing it to extend such operations Gate Avenue, San Francisco, Calif. coils and/or reels; steel sheets, cor­ so as to additionally include services 94102, and should not be directed to the rugated, aluminum coated, galvanized, from, to, and between all points as fol­ Interstate Commerce Commission. leaded, planished, packed in metal or lows: (a) The city of Los Angeles as de­ State Docket No. 69085-CCT, filed Feb­ wood cases and/or coils; iron or steel fined under its present authority; (b) ruary 21, 1969. Applicant: SMITH tubing, in the rough or seamless; steel Los Angeles basin territory as defined TERMINAL WAREHOUSE COMPANY, beams, coated or uncoated, between under its present authority; (c) San 3510 Northwest 60th Street, Miami, Fla. Savannah, Garden City, and Port Went­ Diego territory as defined under its pres­ Applicant’s representative: John T. worth, Ga., on the one hand, and, all ent authority; (d) all points and places Bond, 1955 Northwest 17th Avenue, points in Georgia, on the other hand, within 5 miles of either side of U.S. High­ Miami, Fla. 33125. Certificate of public over no fixed route. Both intrastate and way 101 between Santa Ana and San convenience and necessity sought to interstate authority sought. Diego as defined under its present au­ operate a freight service as follows: HEARING: Tuseday, April 22, 1969, at thority; (e) Santa Barbara as defined Transportation of new crated furniture, 10 a.m., 177 State Office Building, 244 under its present authority; (f) all over irregular routes and on irregular Washington Street SW., Atlanta, Ga. points and places within 5 miles on schedules, to, from, and between points 30334. Requests for procedural informa­ either side of U.S. Highway 101 and U.S. and places in Dade, Broward, and Palm tion including the time for filing protests Highway 101A Alternate between Los Beach Counties-, Fla.; all such items or concerning this application should be Angeles and Santa Barbara as defined merchandise having an origin or a addressed to the Georgia Public Service under its present authority; (g) Goleta; destination at applicant’s storage ware­ Commission, 244 Washington Street SW., (h) all points and places within 5 miles house, located in the city of Miami, Fla. Atlanta, Ga. 30334, and should not be of either side of U.S. Highway 101 be­ Both intrastate and interstate authority directed to the Interstate Commerce tween Santa Barbara and Goleta; (i) sought. Commission. beginning at a point on Highway 399 HEARING: Not yet assigned. Requests State Docket No. 26300-Extension, laterally 5 miles distant north of High­ for procedural information including way 101 along Highway 399 northerly to the time for filing protests concerning filed February 3,1969. Applicant: RICH­ this application should be addressed to ARD H. ESHE AND LOIS MAE ESHE, Highway 150; thence easterly on High­ way 150 to the city of Santa Paula in­ the Florida Public Service Commission, copartners, doing business as SOUTH Tallahassee, Fla. 32304, and should not PARK MOTOR LINES, 48 East 56th cluding all points and places within 5 Avenue, Denver, Colo. 80216. Applicant’s miles on either side of these described be directed to the Interstate Commerce representative: John P. Thompson, 450 portions of Highways 399 and 150; Commission. Capitol Life Building, Denver, Colo. (j) Beginning at a point on Highway By the Commission. 126 laterally 5 miles distant (northerly) 80203. Certificate of public convenience [seal] H. N eil Garson, and necessity sought to operate a freight from Highway 101 along Highway 126 Secretary. service as follows: Transportation of northeasterly to the city of Fillmore; general commodities, in scheduled serv­ thence southerly along Highway 23 to [F.R. Doc. 69-2976; Filed, Mar. 11, 1969; ice over regular routes, between Denver, Moorpark; thence easterly along High­ 8:48 a.m.] Colo., and points within 5 miles there­ way 118 to a point easterly from Santa of, on the one hand,.and, on the other Susana distant 5 miles, including all [Notice 793] hand, the east portal of Straight Creek points and places within 5 miles on either side of the above-described portion of MOTOR CARRIER TEMPORARY Tunnel (located in Clear Creek County, AUTHORITY APPLICATIONS Colo.), and the west portal of Straight Highways 126, 23, and 118; (k) all points Creek Tunnel (located in Clear Creek and places on Highway 395 which Appli­ March 7,1969. County, Colo.), and the west portal of cant is presently permitted to traverse, The following are notices of filing of Straight Creek (located in Summit beginning at a point south of Temecula applications for temporary authority un­ County, Colo.) over U.S. Highway 6 , In­ being the boundary line of the Los der section 210a(a) of the Interstate terstate Highway 70, and Colorado High­ Angeles basin territory, southerly along Commerce Act provided for under the way 9 , serving no intermediate points. said highway to Miralnar being the new rules of Ex Parte No. MC-67 (49 northerly boundary of the San Diego Both intrastate and interstate authority CFR Part 340) published in the F ederal sought. territory, including all points and places R egister, issue of April 27, 1965, effective within 5 miles on either side of this de­ July 1, 1965. These rules provide that HEARING: Thursday, April 3, 1969, scribed portion of Highway 395 and in­ at 1 0 a.m., in the hearing room of the protests to the granting of an applica­ cluding the points of San Marcos, Vista, tion must be filed with the field official Commission, 507 Columbine Building, Bonsall, Fall Brook, Valley Center, which 1845 Sherman Street, Denver, Colo. named in the F ederal R egister puch' 80203. Requests for procedural informa­ points may be within said 5 miles lateral cation, within 15 calendar days after the tion including the time for filing protests line although in perhaps one or two date of notice of the filing of the appli­ instances, the boundary lines of these cation is published in the F ederal ReGIG" concerning this application should be points might be distant slightly beyond addressed to the Colorado Public Utilities ter. One copy of such protest must be Commission, 500 Columbine Building, a 5-mile lateral line. Applicant proposes served on the applicant, or its author­ 1845 Sherman Street, Denver, Colo. to serve all points and places within each ized representative, if any, and the pro­ 80203, and should not be directed to the of the territories hereinabove described, tests must certify that such service ha Interstate Commerce Commission. and to, and from, and between, all points been made. The protests must be specie and places within these described areas, State Docket No. A50826, filed Janu­ as to the service which such protestan ary 20,1969. Applicant: 20TH CENTURY and to use all available routes, streets, can and will offer, and must consist TRUCKING COMPANY, 35th and and highways within or convenient to a signed original and six copies.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 NOTICES 5143 A copy of the application is on file, and merce Commission, Bureau of Opera­ Columbus, Nebr.; and (2) from points in can be examined at the Office of the Sec­ tions, 513 Thomas Building, 1314 Wood Pennsylvania, Ohio, Michigan, Hlinois, retary, Interstate Commerce Commis­ Street, Dallas, Tex. 75202. and Indiana to Humboldt, Iowa, under sion, Washington, D.C., and also in the No. MC 116325 (Sub-No. 60 TA) (Cor­ continuing contract with Douglas & field office to which protests are to be rection), filed February 13, 1969, pub­ Lomason Co., Detroit, Mich., for 180 days. transmitted. lished F ederal R egister, issue of Feb­ Supporting shipper: Douglas & Loma­ Motor Carriers of P roperty ruary 26, 1969, and republished as cor­ son Co., Detroit, Mich. Send protests to: rected this issue. Applicant: JENNINGS District Supervisor Max H. Johnston, In­ No. MC 104881 (Sub-No. 5 TA), filed BOND, doing business as BOND ENTER­ terstate Commerce Commission, Bureau March 5,1969. Applicant: ROSS C. GAY, PRISES, Post Office Box 8 , Lutesville, of Operations, 315 Post Office Building, doing business as GAY TRUCK LINE, Mo. 63762. Authority sought to operate Lincoln, Nebr. 68508. Post Office Box 54, Falkner, Miss. 38629. as a common carrier, by motor vehicle, No. MC 133366 (Sub-No. 1 TA) (Cor­ Applicant’s representative: James N. over irregular routes, transporting: Iron Clay m , 2700 Sterick Building, Memphis, rection), filed February 19, 1969, pub­ and steel articles, from Caruthersville, lished F ederal R egister, issue of Feb­ Tenn. 38103. Authority sought to oper­ Mo., to Paragould, Ark., for 150 days. ruary 28, 1969, and republished as ate as a common carrier, by motor vehi­ N ote: The purpose of this republication cle, over irregular routes, transporting: corrected this issue. Applicant: MILLER is to correct the commodities proposed to TRUCKING, INC., 11318 Pressburg Reclaimed rubber, rubber compounds, be transported, inadvertently shown in and rubber compounding chemicals, from Street, New Orleans, La. 70128. Author­ previous publication as only iron and ity sought to operate as a contract car­ Ripley, Miss., to Hohenwald, Tenn., and steel. Supporting shipper: Inland Steel rier, by motor vehicle, over irregular pallets on return, for 180 days. Support­ Co., 30 West Monroe Street, Chi­ ing shipper: American Biltrite Rubber routes, transporting: Canned and pre­ cago, HI. 60603. Send protests to: J. P. served foodstuffs, margerine, mayon­ Co., Inc., Post Office Box 1071, Boston, Werthmann, District Supervisor, Inter­ Mass. 02103. Send protests to: Floyd A. naise, cooking oils, shortening, coffee, state Commerce Commission, Bureau of and matches, from New Orleans, La., to Johnson, District Supervisor, Interstate Operations, Room 3248, 1520 Market Commerce Commission, Bureau of points in Louisiana, Mississippi, Ala­ Street, St. Louis, Mo. 63103. bama, Arkansas, Florida, and Texas, and Operations, 390 Federal Office Building, No. MC 120536 (Sub-No. 5 TA), filed 167 North Main Street, Memphis, Tenn. Memphis, Tenn., and equipment, ma­ March 4,1969. Applicant: PIKE TRANS­ terials, and ingredients used in the pro­ 38103. FER COMPANY, INC., Carrollton High­ No. MC 108207 (Sub-No. 256 TA), duction of foodstuffs, from the above way, Post Office Box 799, Newnan, Ga. area to New Orleans, La., for 180 days. filed March 3, 1969. Applicant: FROZEN 30263. Applicant’s representative: Archie FOOD EXPRESS, 318 Cadiz Street, N ote: The purpose of this republication B. Culbreth, 1273 West Peachtree Street is to include the return movement, in­ 75207. Post Office Box 5888, Dallas, Tex. NE., Atlanta, Ga. 30309. Authority 75222. Applicant’s representative: J. B. advertently omitted from previous pub­ sought to operate as a common carrier, lication. Supporting shipper; Hunt- Ham (same address as above). Authority by motor vehicle, over regular routes, sought to operate as a common carrier, Wesson Foods, Inc., Post Office Box transporting: Aluminum billets, between 61770, New Orleans, La. 70160. Sendkpro- by motor vehicle, over irregular routes, Newnan, Ga., and the plantsite of Frank­ transporting: (1) Meats, meat products, tests to: W. R. Atkins, District Super­ lin Aluminum Co. at or near Franklin, visor, Bureau of Operations, Interstate and meat byproducts, and articles dis­ Ga., over Georgia Highway 34, for 180 tributed by meat packinghouses, as de­ Commerce Commission, T-40009 Federal days. Supporting shippers: Sales Division Building, 701 Loyola Avenue, New Or­ scribed in sections A, B, and C, of ap­ of Pechiney Enterprises, Inc., 220 East leans, La. 70113. pendix I, to the report in Descriptions in 42d Street, New York, N.Y. 10017; Frank­ Motor Carrier Certificates 61, M.C.C. lin Aluminum Co., Franklin, Ga. 30217. No. MC 133424 (Sub-No. 1 TA) (Cor­ 209 and 766 (except hides and commodi­ Send protests to: William L. Scroggs, rection), filed February 17, 1969, pub­ ties in bulk and tank vehicles), from District Supervisor, Interstate Commerce lished F ederal R egister, issue of Febru­ points in the Minneapolis-St. Paul, Commission, Bureau of Operations, ary 26,1989, and republished as corrected Minn., commercial zone, to Kansas City, Room 309, 1252 West Peachtree Street this issue. Applicant: AARON COPE, Mo.; Kansas City, Kans.; St. Joseph, NW., Atlanta, Ga. 30309. doing business as AARON COPE Mo.; Phoenix, Tucson, and Yuma, Ariz.; No. MC 124078 (Sub-No. 363 TA), filed TRUCKING COMPANY, 101 North Oak- Fort Smith and Little Rock, Ark.; Biloxi, March 4,1969. Applicant: SCHWERMAN hill Drive, McMinnville, Tenn. 37110. Ap­ Miss.; Roswell, N. Mex.; Memphis, TRUCKING CO., 611 South 28th Street, plicant’s representative: Walter Har­ Tenn.; Oklahoma City and Tulsa, Okla.; Milwaukee, Wis. 53246. Applicant’s rep-' wood, Suite 1822, Parkway Towers, 404 and to points in Texas and Louisiana; resentative: Richard H. Prevette (same James Robertson Parkway, Nashville, (2) candy, from points in'the Minne­ address as above). Authority sought to Tenn. 37219. Authority sought to operate apolis-St. Paul, Minn., commercial operate as a common carrier, by motor as a common carrier, by motor vehicle, zone, to Phoenix, Ariz.; Houston and vehicle, over irregular routes, transport­ over, irregular routes, transporting: Nacogdoches, Tex.; (3) pickles and ing: Urea, from Fostoria, Ohio, to points Lightweight aggregate, in bulk, in dump pickle products, from points in the Min­ in Indiana and Michigan, for 150 days. trailers, from Greenbrier, Tenn., to neapolis-St. Paul, Minn., commercial Supporting shipper: Central Farmers points in Kentucky, Indiana, and Hli- zone, to Houston, Tex.; (4) pizza sticks, Fertilizer Co., 100 South Wacker Drive, nois, on and south of U.S. Highway 40, from points in the Minneapolis-St. Chicago, 111. 60606 (A. J. Skul, Manager, and coal, in bulk, in dump vehicles, on Paul, Minn., commercial zone, to Dallas, Rail-Truck Traffic). Send protests to: return from Madisonville, Ky., to Green­ Tex., for 150 days. Note: Applicant in­ District Supervisor Lyle D. Heifer, Inter­ brier, Tenn., for 150 days. N ote: The tends to tack with existing authority. state Commerce Commission, Bureau of purpose of this republication is to add Supporting shippers: Crown Meat & Operations, 135 West Wells Street, Room the return movement of coal inadvert­ Provisions Co., Inc., 443 Hoover Street 807, Milwaukee, Wis. 53203. ently omitted from previous publication. NE., Minneapolis, Minn. 55413; Fein- No. MC 128375 (Sub-No. 27 TA), filed Supporting shipper: Michael L. McNally, berg Distributing Co., 1114 Zane Avenue March 4, 1969. Applicant: CRETE CAR­ Secretary-Treasurer, Tennlite, Inc., 1022 Worth, Minneapolis, Minn. 55422; Flavo RIER CORP., 15th and Main, Post Nashville Trust Building, Nashville, Pood Products, 116 West Broadway, Min- Office Box 249, Crete, Nebr. 68333. Appli­ Tenn. 37201. Send protests to: J. E. eapolis, Minn. 55411; Fanny Farmer, cant’s representative: Richard A. Peter­ Gamble, District Supervisor, Bureau of ivrfi *ior^1. Third Street, Minneapolis, son, Post Office Box 806, Lincoln, Nebr. Operations, Interstate Commerce Com­ Rniu1’ & Co-> 115 West Jackson 68501. Authority sought to operate as a mission, Suite 803, 1808 West End Build­ Boulevard, Chicago, HI. 60604; Armour contract carrier, by motor vehicle, over ing, Nashville, Tenn. 37203. ^ • > 4 0 1 North Wabash Avenue, Chi- irregular routes, transporting: Equip­ No. MC 133482 TA (Correction) filed cago, 111. 60609; King Foods, Inc., Post ment, materials, and supplies used in February 17, 1969, published F ederal Jox 26, South St. Paul, Minn, the manufacture of automobile parts; R egister issue of February 26, 1969, and n K ?end Protests to: E. K. Willis, Jr., (1) from points in Colorado to Marianna, republished as corrected this issue. Ap­ istnct Supervisor, Interstate Com­ Ark., Red Oak and Humboldt, Iowa, and plicant: CAMPANELLA TRUCKING

No. 48----- 7 FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 5144 NOTICES CORP., 161-163 Dikeman Street, Brook­ merce Act, and rules and regulations pre­ Masson Moving, 930 Plymouth Avenue, lyn, N.Y. 11231. Applicant’s representa­ scribed thereunder (49 CFR Part 1132), Fall River, Mass., authorizing the trans­ tive: Morton E. Kiel, 140 Cedar Street, appear below: portation of household goods, as defined New York, N.Y. 10006. Authority sought As provided in the Commission’s spe­ by the Commission, between Fall River, to operate as a contract carrier, by motor cial rules of practice any interested Mass., and points in Massachusetts and vehicle, over irregular routes, transport­ person may file a petition seeking Rhode Island within 20 miles of Fall ing : Such commodities as are dealt in by reconsideration of the following num­ River. Antonio R. Luongo, Jr., 515 Staf­ bered proceedings within 20 days from an importer of housewares, for the ac­ ford Road, Fall River, Mass. 02721, attor­ count of Imperial International Corp., the date of publication of this notice. between points in the New York, N.Y., Pursuant to section 17(8) of the Inter­ ney for transferee. commercial zone, as defined by the Com­ state Commerce Act, the filing of such a No. MC-FC-71139. By order of mission in 49 CPR 1048.1, on the one petition will postpone the effective date March 5, 1969, the Motor Carrier Board hand, and, on the other, Hauppauge, of the order in that proceeding pending approved the transfer to Bivin Transfer N.Y., for 180 days. N ote: The purpose of its disposition. The matters relied upon Co., Inc., Indianapolis, Ind., of the op­ by petitioners must be specified in their this republication is to add the District erating rights in certificate No. MC- Supervisor’s name below, inadvertently petitions with particularity. omitted from previous publication. No. MC-FC-70812. By order of Febru­ 82080 issued June 28,1968, to Cecil Keller Supporting shipper: Imperial Interna­ ary 28, 1969, the Motor Carrier Board Frazier, doing business as Bivin Transfer tional Corp., 1776 Broadway, New York, approved the transfer to Bloxom Bailey, Co., Indianapolis, Ind., authorizing the N.Y. 10019. Send protests to: District doing business as Blue Ridge Tours, Blue transportation of household goods as Supervisor Robert E. Johnston, Inter­ Ridge, Ga., of the license in No. MC- defined by the Commission, between state Commerce Commission, Bureau of 12620 issued April 5, 1956, to Stowe Ray Indianapolis, Ind., on the one hand, and, Operations, 26 Federal Plaza, New York, Seism, doing business as Blue Ridge N.Y. 10007. Tour Service, Blue Ridge, Ga., authoriz­ on the other, points in Ohio, Kentucky, ing operations as a broker in the trans­ Illinois, and Michigan; and, household By the Commission. portation of passengers and their bag­ goods as defined by the Commission, [seal] H. N eil Garson, gage, in round-trip all-expense toiirs, be­ office furniture and equipment, and store Secretary. ginning and ending at Blue Ridge, Ga., fixtures, between Indianapolis, Ind., on [F.R. Doc. 69-2977; Filed, Mar. 11, 1969; and points within 50 miles thereof, and the one hand, and, on the other, points 8:48 a.m.] extending to all points in the United States. John F. Ray, Post Office Box in West Virginia, Wisconsin, and Penn­ 2387, Charlotte, N.C. 28201, attorney for sylvania. Donald W. Smith, 900 Circle [Notice 309] applicants. Tower Building, Indianapolis, Ind. MOTOR CARRIER TRANSFER No. MC-FC-71069. By order of 46204, attorney for applicants. March 3, 1969, the Motor Carrier Board PROCEEDINGS [seal] H. N eil Garson, approved the transfer to Masson Moving Secretary. March 7, 1969. Co., Inc., Fall River, Mass., of certificate Synopses of orders entered pursuant to No. MC-95783, issued May 12, 1959, to [F.R. Doc. 69-2978; Filed, Mar. 11, 1969; 8:48 a.m.] section 212(b) of the Interstate Com­ Aquilas J. Masson, doing business as A.

FEDERAL REGISTER, VOL. 34, NO. 48— WEDNESDAY, MARCH 12, 1969 FEDERAL REGISTER 5145 CUMULATIVE LIST OF PARTS AFFECTED— MARCH

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during March Page 3 CFR 14 CFR Page 2 2 CFR Page Proclamations: 39------3738, 4885, 4939, 4940 42______3896 ______— ____ 3789 71------3655, 501______3897 ______------3791 3796, 4502, 4940-4944, 5008-5010, 3898______5060,5099, 5100 ______4935 73------3656, 4502 2 5 CFR Executive Orders: 75------4502, 50101 3 1 ______11007 (see EO11458) ______4937 95----- 1------_____------3738 221 ______11457______3793 97------4945 11458______4937 151------3656, 48852 6 CFR 11459 ______5057 153------3656 l ______199_------3657 5 CFR 170 ______240------3741 179______213 ______5003 241—------___ 3741 194______298------4955 196 ______7 CFR 385---- 3 7 4 2 197______399------____------3 7 4 2 58______201 ______5099 P roposed R ules: 318 ______4879 240______722______3733, 5099 21------r------3695, 4893 245______730______3733 25------5020 250 ______775______3795,5003 27------5020 251______811______3795 33------5020 296 ______842______— — 3- 3795 36------4893 301 ______876______5003 39__------4894,5110 P roposed R u l e s : 877______------3733 43------3695 1 ------3700, 5067 891______65------3695 25______907______3738, 4879, 5059 71------3696-3699, 31______908 ______3851, 4894, 4974, 5022, 5060, 5111 36______910------_ 3674, 3738, 5006, 5059 73—— __------5022 41______912 _.___ 75— ------5080 45______913_ _ 91------3695 46______953____ 121------3751 48______991__ 145----- 3695 49______993____ ' 147------3751 147 1130 ___ . 151------s i n 151______1424___ 157— .------3 7 5 6 152______1427___ 301______Proposed Rules: 16 CFR 906______13------3658, 3659, 5060 2 8 CFR 959____ 15 ------3 7 4 2 , 5061 o______980...... 240------4 9 2 6 1005_____ 503—------____ 4 9 5 6 2 9 CFR 1009_____ 1505______-,_r______1036_____ 17 CFR 1061____ 1068___ 231------4886 3 2 CFR 1070____ P roposed R ules: 577______1071____ 230------5027 1078 __ 240------4896 3 3 CFR 1079 ___ 270—------5027 117------5012 1103__ 207 ------4967 1104___ 19 CFR 208 ------4967 1106_ P roposed R ules: 1202__ 4------— ------4957 16 ------4957 401------5025 9 CFR 30------4957 74 36 CFR ------5007 20 CFR 5012 12 CFR 311______4968 P roposed R ules: 326______4968 545_ 4884 604----- 3 7 4 8 584__IIIIIZI- 3796 37 CFR Proposed R ules 21 CFR P roposed R ules: 523_ 1 ___ ------4886 531__ 5022 1______4973 545__ 5022 120------5100 3—1______4973 556_ 5024 121—------4887, 4888, 5010, 5100, 5101 5024 320------4888, 4889 38 CFR 561_ 5024 571__ P roposed R ules: 4______5062 584_ 5024 8 ______5064 4895 121------3 7 4 8 36______4889 5146 FEDERAL REGISTER Page Page 39 CFR 45 CFR 47 CFR— Continued Page P roposed R ules: 171______- 3797 145_. 3801 177-. 3801 1______3852 P roposed R ules: 250-. 3745 21___ 3852 132______5013 801- 5066 31______5114 1061 3686 43______3852 41 CFR P roposed R ules: 73 ______3853-3855, 4890 5 B -3 ______416______3689 3857,4895,5080,5120 9-1______4890 74 ______*3858 9-16______4890 9-53______4890 46 CFR 49 CFR, 5064 12B-1______P roposed R ules: 369______3687 12B-3______- __ 5064 Ch. II_____ 4973 5065 371______3688 12B-4____ ^______1033______3746 ___ 4892 42 CFR 47 CFR 1048__.______1 5102 Proposed R ules: 205______3743 2 , ______5104 71______3852 P roposed R ules: 5 ___ 3801 172 ______5112 54______3689 73_^______3802, 3804, 5106, 5107 173 ___ 5112,5113 209______3749 81 ______- 3806 371______3699 87______3807 1203______4897 43 CFR 89______3807 402------5066 91____ 3807 50 CFR P ublic B and Order: 93______3807 28______:______4892 4538 (corrected) 5012 95______3807 33______3747, 4892, 5066, 5100 > I . •

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-/¿yís.T+ rí^ r, ^s9f*Sy+, u .s. J í £ 4iM«rti,^ ¿ 4 / t i « W ^ t / ,> & ^ — government organization knowYOUR manual GOVERNMENT 1068 1069 Presents essential Information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 2per copy. Paperboundj with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.