THURSDAY, , 1971 WASHINGTON, D.C.

Volume 36 ■ Number 171

Pages 17551-17636

HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published In this issue. Detailed table of contents appears inside. CITIZENSHIP DAY AND CONSTITUTION WEEK— Presidential proclamation...... 17557

COLUMBUS DAY— Presidential proclamation.... 17559

ECONOMIC STABILIZATION— OEP supplement tary guidelines; effective 9 -2 -7 1 —...... 17577

FEED GRAINS, COTTON AND WHEAT— USDA regulations on farm conserving base and set- aside acreage; effective 9 -2 -7 1 ...... 17561

PLUTONIUM PLANTS— AEC amendments provid­ ing for preconstruction review of site and design bases; effective 9 -2 -7 1 ______17573

FEDERAL HOME LOAN BANKS— FHLBB regula­ tion on approval of budget amendments; effective 9 -1 -71 ...... 17564

SAVINGS ACCOUNTS— FHLBB amendment per­ mitting monthly distribution of earnings; effec­ tive 9 -1 -7 1 ...... 17564

COAL MINERS— HEW amendments of rules on X-ray examinations; effective 9 -2 -7 1 ______17577

MIGRATORY BIRDS— Interior Dept, regulations for 1971-1972 seasons; effective 9 -2 -7 1 ...... 17565

PORT OF ENTRY— Customs Bur. proposal; com­ ments within 20 days...... ;...^ ...... 17579

TELECOMMUNICATIONS— FCC extension of com­ ments filing date to 10-25-71...... 17589 (Continued inside) Subscriptions Now Being Accepted

SLIP LAWS

92d Congress, 1st Session 1971

Separate prints of Public Laws, published immediately after enactment, with marginal annotations and legislative history references.

Subscription Price: $20.00 per Session'

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

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

Published dally, Tuesday through Saturday (no publication on Sundays, M o n d ay s, or on the day after an official Federal holiday), by the Office of the Federal Register, N ation al FEDEML^jpREGISTER Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 V , »34 ¿0^ Phone 962-8626 * «NITED* pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 600, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for Individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first Federal R egister issue of each month. There are no restrictions on the republlcation of material appearing in the Federal R egister or the Code of Federal R egulations. HIGHLIGHTS— Continued

LAND OPENING— Interior Dept, notice opening ECONOMIC STABILIZATION— FCC order on rates land in Montana; applications by 9 -3 0 -7 1 ...... 17590 and charges of communication common carriers.. 17624

RULEMAKING— FHLBB resolution on public TRADEMARKS— Commerce Dept, notice 17591 participation______—------17624

VOR/VORTAC SYSTEM— FAA proposed policy WORKMEN’S COMPENSATION— Nat’l Comm, on changes on discontinuance criteria; comments by State Workmen’s Compensation Laws notice of 10-1-71 ______----- 17591 change in hearing location...... 17592

NOISE ABATEMENT— EPA notice of availability SECURITIES EXCHANGES— SEC notice of pub­ of public hearing transcripts 17617 lic investigatory hearing on 10—12—71------17631

Contents CONSUMER AND MARKETING FEDERAL AVIATION THE PRESIDENT SERVICE ADMINISTRATION PROCLAMATIONS Rules and Regulations Rules and Regulations Citizenship Day and Constitution Valencia oranges grown in Arizona and designated part of Cali­ Standard instrument approach Week, 1971------17557 fornia; handling limitation----- 17563 -procedures; miscellaneous Columbus Day, 1971— ------17559 Proposed Rule Making amendments------17575 Cotton warehouses; withdrawal of Transition area; alteration------17575 proposed rule making—------17579 EXECUTIVE AGENCIES Dried prunes produced in Cali­ Proposed Rule Making AGRICULTURAL STABILIZATION fornia; proposed expenses of Control zone and transition area; Prune Administrative Commit­ alteration______— 17588 AND CONSERVATION tee and rate of assessment for Transition area; designation------17589 SERVICE 1971-72 crop year------17579 Lemons grown in States of Cali­ Notices Rules and Regulations fornia and Arizona; proposed rule making regarding approval VOR/VORTAC system; invitation Feed grains, cotton and wheat; of expenses and fixing of rate for comments on proposed pol­ farm conserving base and set- of assessment for 1971-72 fiscal icy change regarding discontin- aside acreage------17561 year ______17579 ' uance criteria------17591 Milk in Boston regional and cer­ AGRICULTURE DEPARTMENT tain other marketing areas; de­ cision on proposed amendments FEDERAL COMMUNICATIONS See Agricultural Stabilization and to marketing agreements and Conservation Service; Consu­ orders______17580 COMMISSION mer and Marketing Service; Milk in Inland Empire marketing Proposed Rule Making Federal Crop Insurance Cor­ area; proposed suspension of certain provisions of order------17588Electronic video recorders; order poration. Tvnik in Middle Atlantic market­ extending time for filing com­ ing area; hearing on proposed ments ______17589 ATOMIC ENERGY COMMISSION amendments to tentative mar­ keting agreement and order— 17586 Rules and Regulations Notices Plutonium processing and fuel CUSTOMS BUREAU Canadian television stations; table fabrication plants; pre-con­ Proposed Rule Making of allocations for VHF and UHF television channels------17618 struction review of site and de­ Customs District of Laredo, Tex.; sign bases______17573 proposed designation of customs Mexican standard broadcast sta­ Procurement of special items; port of entry at Progreso, Tex_ 17579 tions; notification list— .------17618 miscellaneous amendments----- 17576 Stabilization of rates and charges EMERGENCY PREPAREDNESS of all communications common CIVIL SERVICE COMMISSION OFFICE carriers; order regarding tariff Rules and Regulations fr e e z e ______17624 Rules and Regulations Application of Stabilization Regu­ Hearings, etc.: Excepted service: lation No. 1; guidelines------17577 Bunker Ramo Corp. and West­ Commerce Department______17561 ENVIRONMENTAL PROTECTION ern Union Telegraph Co------17620 Executive Office of the Presi­ Jacksonville Broadcasting Co. dent ______17561 AGENCY and University Broadcasting Notices C o _____- ______17623 COMMERCE DEPARTMENT Noise abatement; availability of (Continued on next page) See Patent Office. public hearings transcripts-----17617 17553 17554 CONTENTS

FEDERAL CROP INSURANCE FISH AND WILDLIFE SERVICE NATIONAL COMMISSION ON CORPORATION Rules and Regulations STATE WORKMEN'S COMPENSATION LAWS Notices Hunting and/or sport fishing in Colorado and Kansas; applications certain national wildlife refuges Notices for wheat crop insurance______17617 (15 documents)______17569-17572 Systems of compensation; notice FEDERAL HOME LOAN BANK Migratory birds; open seasons, bag of change in hearing location.. 17592 BOARD limits, and possession of certain migratory game birds______17565 Rules and Regulations NATIONAL PARK SERVICE Federal home loan banks; budg­ Notices ets ______17564 GENERAL SERVICES Savings accounts; monthly distri­ ADMINISTRATION Grand Canyon National Park, bution of earnings______!______17564 Ariz.; intention to extend con­ Notices Rul es and Regulations cession contract______17591 Administrative Procedure Act; Contract termination formats; rule making requirements re­ general policies______17576 PATENT OFFICE garding public property, loans, grants, benefits, or contracts_ 17624 Notices Notices Southern California Financial Secretary of Defense; delegation Trademarks; identification of Corp.; receipt of application for goods and services in trademark of authority______17635 approval of acquisition of con­ applications ______17591 trol of Rancho Savings and Loan Association______._____ 17624 HEALTH, EDUCATION, AND PUBLIC HEALTH SERVICE WELFARE DEPARTMENT FEDERAL MARITIME Rules and Regulations See Public Health Service. COMMISSION Underground coal miners medical examinations; chest roentgeno­ Notices INTERIOR DEPARTMENT Agreements filed: graph examination specifica­ Great Lakes See Fish and Wildlife Service; tions ______17577 Eastbound Conference______17624 Land Management Bureau; Na­ Prudential-Grace Lines, Inc., tional Park Service. SECURITIES AND EXCHANGE et a l.______17625 COMMISSION Thailand/U.S. Atlantic & Gulf INTERNAL REVENUE SERVICE Conference ______17625 Notices FEDERAL POWER COMMISSION Notices Proposed national system of se­ Certain individuals; grants of re­ curities exchanges; notice of Rules and Regulations hearing ------17631 lief (12 documents),______17614-17617 Natural gas rates in Rocky Moun­ Hearings, etc.: tain area; establishment of ini­ Aetna Life and Casualty Co. tial rates; correction______17576 INTERSTATE COMMERCE et al______17632 Notices COMMISSION Continental Vending Machine National Gas Survey Technical C o r p ______17632 Advisory Committee-Supply; or­ Notices Ecological Science Corp______17632 der designating an additional Equity Funding Corporation of m em ber_____■______17626 Assignment of hearings______i,____17612 A m erica______17632 Hearings, etc.: Motor carrier: GPU Service Corp. and General El Santo Petroleum Corp. et al_ 17625 Public Utilities Corp______Temporary authority applica­ Northern States Power Co______17626 International Shelters, Inc_____ 17632 Southern Natural Gas Co______17626 tions ______t______17612 Maverick Fund, Inc______17633 Trunkline Gas Co. (2 docu­ Transfer proceedings (2 docu­ Microwave Associates, Inc., ments) ______17627 ments) ______17613 et al______17634 Upper Peninsula Power Co_____ 17627 Motor carrier, broker, water car­ National Fuel Gas Co. et al_____ 17634 rier and freight forwarder ap­ FEDERAL RESERVE SYSTEM plications ______17592 TARIFF COMMISSION Notices Penn Central Transportation Co.; Notices Alamo Bancshares, Inc.; order ap­ rerouting or diversion of traffic. 17614 proving action to become a bank Wollensak, Inc.; petition for de­ holding company______17628 termination of eligibility to ap­ Applications for approval of acqui­ LAND MANAGEMENT BUREAU ply for adjustment assistance._ 17635 sition of shares of banks: First Southwest Bancorporation, Notices TRANSPORTATION DEPARTMENT Inc. (5 documents)____ 17629, 17630 California; filing of plats of survey Florida National Banks of Flor­ and order providing for opening See Federal Aviation Administra­ tion. ida ------17630 of lands______17590 Approvals of acquisition of bank Montana; opening of public lands. 17590 stock by bank holding com­ TREASURY DEPARTMENT pany: Wyoming; termination of pro­ Barnett Banks of Florida, Inc_ 17628 posed withdrawal and reserva­ See Customs Bureau; Internal Mercantile Bankshares Corp__ 17630 tion of lands______17590 Revenue Service. CONTENTS 17555

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 following the Notices section 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, 1971, and specifies how they are affected.

3 CFR 10 CFR 32A CFR P roclamations : 70 ______17573 OEP (Ch. I) : 4077——______— 17557 ES Reg. 1: 4078______- 17559 12 CFR Circ. 7______17577 524_____1______17564 41 CFR 5 CFR 545______17564 5A-1______17576 213 (2 documents)______17561 9-5______— 17576 14 CFR 7 CFR 71 17575 42 CFR 97______— ______17575 37______- ______17577 792______17561 908______- ______17563 P roposed R u l e s : 71 (2 documents)______17588,17589 47 CFR P roposed R u l e s : P roposed R u l e s : 101___ 17579 1___ 17589 910______17579 18 CFR 15______17589 993______17579 2______17576 1001 ______—______17585 50 CFR 1002 ______17585 19 CFR 1004 (2 documents)______17586 10______17565 1015______17586 P roposed R u l e s : 32 (15 documents)______17569-17572 1133______17588 1______17579 33 ______- _____ 17572

Presidential Documents

Title 3— The President PROCLAMATION 4077 Citizenship Day and Constitution Week, 1971

By the President of the of America A Proclamation

The Constitution of the United States, as Woodrow Wilson observed early in this century, “ is not a mere lawyers’ document: it is a vehicle of life, and its spirit is always the spirit of the age.”

T o each new generation of American citizens, this lesson comes afresh. T o the young of today, it has come dramatically this year with the passage of the Twenty-Sixth Amendment, granting full #voting rights to those between 18 and 21 years of age. As citizens of all ages join in welcoming these young people into the electorate, we can also unite with them in recognizing that our Consti­ tution does have a special relevance for every age. Enduring and timeless, yet it is vital and life-giving, affirming as no other written document can that the ideals upon which men acted in the early days of our Republic are as essential now as they were then. In commemoration of the signing of the Constitution on Septem­ ber 17, 1787, and in recognition of all who had attained citizenship during the year, the Congress on February 29, 1952, approved a joint resolution (66 Stat. 9 ) setting aside the seventeenth day of September of each year as Citizenship Day. On 2, 1956, the Congress approved a second joint resolution (70 Stat. 932), requesting the President to designate the week beginning and ending of each year as Constitution Week. N O W , T H E R E F O R E , I, R IC H A R D N IX O N , President of the United States of America, direct the appropriate Government officials to display the flag of the United States on all Government buildings on Citizenship Day, September 17, 1971. I also counsel and urge Federal,

FEDERAL REGISTER, VO L. 3 6, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17558 THE PRESIDENT

State, and local officials, as well as religious, civic, educational, and other interested organizations to make arrangements for the observance of that day with appropriate ceremonies.

I also designate the period beginning September 17 and ending September 23, 1971, as Constitution Week; and I urge the people of the United States to observe that week with appropriate ceremonies and activities in their schools and churches, and in other suitable places, to the end that our citizens, whether they be naturalized or natural bom, may have a better understanding of the Constitution and of the rights and responsibilities of United States citizenship.

IN W ITN E S S W H E R E O F , I have, hereunto set my hand this thirtieth day of August, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred and ninety-sixth.

[FR Doc.71-12985 Filed 8-31-71 ; 1:54 pm]

FEDERAL REGISTER, VOL. 36, N O . 171 — THURSDAYt SEPTEMBER 2, 1971 THE PRESIDENT 17559

P R O C L A M A T IO N 4078 Columbus Day, 1971

By the President of the United States of America A Proclamation

On Columbus Day, 1971, we honor once more the memory of the great captain whose historic voyages led to the migration of peoples to the N ew World and brought fresh promises of liberty and freedom to the Old. In this present age of epic journeys in space, we can appreciate more than ever the great achievements of Christopher Columbus. An intrepid explorer, a supreme navigator, but above all a man of unshakeable faith and courage, this son of Italy sailed in the service of the Spanish crown on a mission that forever broadened man’s hopes and horizons.

W e take pride in commemorating the vision and determination of Christopher Columbus, and carry forward his spirit of exploration as part of our national heritage.

In tribute to the achievements of Columbus, the Congress of the United States, by joint resolution approved April 30, 1934 (48 Stat. 657), as modified by the Act of June 28, 1968 (82 Stat. 250), requested the President to proclaim the second Monday in October of each year as Columbus Day.

NOW, THEREFORE, I, , President of the United States of America, do hereby designate Monday, October 11, 1971, as Columbus Day; and I invite the people of this Nation to observe that day in schools, churches, and other suitable places with appropriate ceremonies in honor of the great explorer.

I also direct that the flag of the United States be displayed on all public buildings on the appointed day in memory of Christopher Columbus.

IN W ITN E S S W H E R E O F , I have hereunto set my hand, this 31st day of August, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth. ( J l [FR D oc.71-13019 Filed 8-31-71 ;5 :0 3 pm]

FEDERAL REGISTER, V O L 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 No. 171- -2

17561 Rules and Regulations

for the farm and shall be the average Title 7— AGRICULTURE acreage of cropland on the farm devoted Title 5— ADMINISTRATIVE in 1959 and 1960 to the conserving uses Chapter VII— Agricultural Stabiliza­ specified below as adjusted by the county PERSONNEL tion and Conservation Service committee to correct for abnormal fac­ Chapter I— Civil Service Commission (Agricultural Adjustment), Depart­ tors affecting production and to give due ment of Agriculture consideration to tillable acreage, crop- PART 213— EXCEPTED SERVICE rotation practices, types of soil, soil and Executive Office of the President SUBCHAPTER D— PROVISIONS COMMON TO water conservation measures, and topog­ MORE THAN ONE PROGRAM raphy (including the determination of The Schedule A authority for positions PART 792— CONSERVING BASE AND odd- and even-year conserving bases in grade GS-15 and below in the Office of where necessary to reflect an established Special Assistance to the President to DESIGNATED SET-ASIDE ACREAGE summer fallow rotation system); which appointments are made by the The title of Part 792 is amended to read (1) Permanent or rotation cover of Vice President is revoked because the as set forth above and the part is re­ grasses and legumes consisting of peren­ positions are now excepted by law. vised, effective beginning with the 1971 nial grasses, perennial or biennial leg­ Effective on publication in the F ederal program year. The material previously umes, or mixtures of legumes and peren­ R egister (9-2-71), paragraph (d) of appearing in these sections remains in nial grasses. § 213.3103 is revoked. full force and effect with respect to the (2) Summer or winter cover crops (5 U.S.O. secs. 3301, 3302, E.O. 10577; 3 CFR programs to which it is applicable. consisting principally of small grains, an­ nual legumes, or annual grasses, includ­ 1954-58 Comp., p. 218) Sec. 792.1 ApplicabUity and purpose. ing volunteer stands of such crops, which U n it e d S tates C i v i l S er v­ 792.2 Farm conserving base. are normally seeded in the area except ic e C o m m is s io n , 792.3 Designation, use, and care of set-aside that the following acreages of crops shall [ seal! Ja m e s C . S p r y , acreage under the feed grain, up­ not be considered as devoted to a con­ Executive Assistant land cotton, and wheat set-aside serving use: to the Commissioners. programs; approved conserving uses. (i) Millet, sudan grass (including hy­ [FR Doc.71-12909 Filed 9-l-71;8:52 am] A u t h o r it y : The provisions of this Part 792 brids), sorghum grass crosses or small issued under sec. 1 6 (e), 76 Stat. 606,16 U.S.C. grain-grass crosses which do not produce 590p (e ); sec. 602, 79 Stat. 1206,7 U.S.C. 1838; a grain, when harvested for seed. PART 213— EXCEPTED SERVICE sec. 379b, 84 Stat. 1362, 7 U.S.C. 1379b; sec. (ii) Sweet sorghum not defined as feed 105, 84 Stat. 1368, 7 UJ3.C. 1441 note; sec. grains, cowpeas, field and canning peas, Department of Commerce 103, 84 Stat. 1374, 7 U.S.C. 1444; sec. 805, 84 Stat. 1382, 7 U.S.C. 1339d. and field and canning beans which are Section 213.3114 is amended to show harvested as silage, seed, grain, or for that in the Bureau of the Census posi­ § 792.1 Applicability and purpose* processing purposes. tions of Current Program Interviewers The regulations in this part set forth (iii) • Soybeans harvested for any presently authorized to be filled under the rules for determining and maintain­ purpose. schedule A on a temporary basis may ing the farm conserving base under the (3) Small grain cover crops when used hereafter be filled under Schedule A Land Use Adjustment Programs, Part 751 for any purpose other than grain, unless appointment without time limitation. of this chapter, as amended; the Extra classified as feed grain, rice, or wheat Effective on publication in the F ederal Long Staple Cotton Program for 1968 acreage. A crop will be considered used R egister (9-2-71) subparagraph (1) of and Succeeding Years, Part 722 of this for grain when harvested or grazed after paragraph (d) is amended and subpara­ chapter, as amended; the 1971-73 Feed grain is maturing. graph (2) is added as set out below. Grain Set-Aside Program, Part 775 of (4) Idle cropland including clean till­ § 213.3114 Department o f Commerce. this chapter, as amended; the 1971-73 age and summer fallowed cropland. * * * * * Wheat Set-Aside Program, Part 728 of (5) Volunteer cover. (b) Maintaining the conserving base. (d) Bureau of the Census. (1) Super­this chapter, as amended; and the 1971- 73 Upland Cotton Set-Aside Program, The producer shall devote to conserving visors, assistant supervisors, supervisors’ uses on the farm during the current year clerks, and enumerators in the field ser­ Part 722 of this chapter, as amended; and all other programs to which this part is (or, in the case of the cropland adjust­ vice, other than Current Program Inter­ ment program, each year of the agree­ viewers, for temporary, part-time, or in­ made applicable by individual program regulations. The regulations also govern ment period) an acreage of cropland, in termittent employment for not to exceed the designation, use, and care of acreage addition to the set-aside acreage and any 1 year: Provided, That such appoint­ acreage diverted under any other Federal ments may be extended for additional set aside under the set-aside programs for feed grains, wheat, and upland cot­ agricultural program, at least equal to periods of not to exceed 1 year each; but the farm conserving base determined in that prior Commission approval is re­ ton. In the regulations in this part and in all instructions, forms, and documents in accordance with paragraph (a) of this quired for extension fo*~Jonger than 1 section. Subject to the provisions of year. connection therewith, the words and phrases used herein shall, unless the con­ paragraph (c) of this section, the fol­ (2) Current Program Interviewers em­text or subject matter otherwise requires, lowing uses of cropland on the farm will ployed on an intermittent basis in the have the meanings assigned to them in qualify as eligible conserving uses for field service. the regulations governing reconstitution the purpose of maintaining the conserv­ ing base: (5 T7.S.C. Secs. 3301, 3302, E.O, 10577; 3 CFR of farms, allotments, and bases, Part 719 1954-58 Comp., p. 218) (1) The conserving uses set forth in of this chapter, as amended, and in the paragraph (a) of this section, except U n it e d S tates C i v i l S erv­ regulations governing the programs with ic e C o m m is s io n , that: (i) Soybeans may be approved only [ se al] Ja m es C . S p r y , respect to which this part is applicable. at the option of the State committee and Executive Assistant to § 792.2 Farm conserving base. must be incorporated into the soil by a the Commissioners. date established by the State committee; (a) Determining the conserving "base.(ii) small grain cover crops must be dis­ IFR Doc.71-12908 Filed 9-l-71;8:52 am ] A conserving base shall be determined posed of by an established disposition

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17562 RULES AND REGULATIONS date: Provided, That small grains may (4) Measures normally carried out in designated as set-aside acreage, the pay­ may be left standing if an intention to the area in connection with the produc­ ments otherwise computed for the farm leave small grain on the land is filed with tion of a crop for harvest in a subsequent shall be reduced for failure to comply the county committee in writing prior to year may be carried out in the fall of the fully in accordance with the regulations the date of certification of set-aside current year (or, in the case of the crop­ governing the upland cotton set-aside acreage. land adjustment program, the year for program, Fart 722 of this chapter, as (2) Trees or shrubs planted for ero­ which the determination is being made) amended. This provision clause shall not sion control, sheiterbelts, or other for­ on acreage used in maintaining the, con­ be applicable for 1972 and 1973. estry purposes or for wildlife habitat serving base. (4) Turn rows, drainage ditches, wet during the current year (or, in the case (5) Information will be available in low-lying areas, droughty knobs or banks, of the cropland adjustment program, the the county ASCS office as to (i) the other areas which normally would not year for which the determination is be­ availability of the conservation uses and produce a crop and strips of less than ing made) or the fall of the preceding practices in a particular county; (ii) the two normal rows in skiprow planting year. (Trees or vines in an orchard or specifications for the uses and practices; patterns; vineyard are not a conserving use.) and (iii) the disposition dates referred (5) Land which the county committee (3) Water storage developed for any to in paragraph (b) of this section. determines the producer reasonably purpose, including fish or wildlife habi­ (6) An acreage of sugar beets or sugar­ could not expect to use in the absence tat, during the current year (or, in the cane with respect to which there is bona- of the program for the production of case of the cropland adjustment pro­ fide abandonment under applicable reg­ the crop being set-aside because of (i) gram, the year for which the determina­ ulations shall not be considered as de­ the physical condition of the land; (ii) a tion is being made) or the fall of the voted to a conserving use. restriction in the lease or operating preceding year. agreement prohibiting the production of (4) Plantings for wildlife food plots or § 792.3 Designation, use and care o f such crop on the land; or (iii) any other wildlife habitat. Any crop will qualify if: set-aside acreage under the feed reason; (i) The area conforms to standards grain, upland cotton, and wheat set- (6) Land which at the time the set- (maximum size, location, etc), which aside programs ; approved conserving aside acreage is designated is expected have been established by the State com­ uses. to be utilized in the current year or a mittee in consultation with State wild­ (a) Cropland eligible for designation. later year for industrial development, life agencies, (ii) the area and crop are Land to be eligible for designation as set- housing, highway construction, or other designated by the operator and approved aside acreage must be cropland as pro­ nonfarm use and the land would not, in by the county committee in writing prior vided in this paragraph. Where the the absence of the program, be devoted to the close of the signup period for the county committee determines that the in the current year to a crop for harvest; annual programs or the planting of the average productivity of the land set aside (7) Land devoted to nonagricultural crop, whichever is later, and (iii) no is substantially less than the average use on or before of the grazing or harvesting other than by wild­ productivity of the cropland which would current year, unless such land is acquired life is permitted. Plantings for wildlife normally be devoted to the crop for by and a representative food plots may, however, be cut and which payments are made, the payments of the State committee determines that stacked on the food plot for winter use for the farm shall be reduced to take into it could not be anticipated at the time by wildlife where the State committee, account the actual productivity of the he set-aside acreage was designated that in cooperation with the State wildlife set-aside acreage. Subject to the pro­ the land would be devoted to iionagricul- agency, determines that the area is sub­ visions of paragraph (b) of this section, tural use before the end of the current ject to snow conditions which make the the following may be designated as set- year; stacking of wildlife food reserves aside acreage: (8) Land devoted to or considered de­ desirable. (1) Land currently classified as crop­ voted to a nonconserving use in the (5) Com or grain sorghums plowed land which, under normal conditions, current year except as otherwise au­ down as green manure. could reasonably be expected to produce thorized in this part. (6) A crop destroyed by any means by a crop; and (9) Land from a receding lake or areas the applicable disposition date. (2) For 1971 only, land on which bordering a lake which the producer does (7) A crop destroyed by natural causes wheat or feed grain was prevented from not have title to or otherwise have au­ after the disposition date if (i) the failed being planted because of a flood, drought, thority to operate; acreage is substituted for eligible set- or other natural disaster, or a condition (10) National wildlife refuges; aside or conserving acreage; (ii) the op­ beyond the control of the producer or (11) Cropland owned and operated by erator requests reclassification of the was planted but failed because of a crop; and (iii) the farm is otherwise in a State, county, or local government un­ natural disaster and which is credited to less the owner establishes to the satisfac­ compliance with the program. wheat or feed grain under the programs tion of the county committee that it has (8) Other uses recommended by the for such commodities. For 1972 and 1973, adequate equipment or other facilities State committee which are not in con­ such acreages must be reclassified from readily available for the successful pro­ flict with other provisions of the pro­ nonconserving to a conserving use when duction of row crops and small grains gram and which the Deputy Administra­ designated as set-aside. and that the production of such crops is tor approves in advance. (b) Cropland not eligible for designa­ a normal practice for such land; and (c) Additional provisions relating totion. The following land is not eligible (12) Land in an orchard or vineyard, the conserving base. (1) Cropland de­ for designation: except that the area not devoted to trees voted to both an approved conserving use (1) Land which is designated as'di­ or vines may be designated if the county and a use which is not an approved con­ verted or set-aside under any other committee determines that it would have serving use in the same year shall not be program; been devoted to another crop in the ab­ counted toward determining the conserv­ (2) Land which is harvested or grazed sence of the program and is otherwise ing base or maintaining the conserving in the current year except as provided eligible. base. in paragraphs (c) and (d) of this section. (c) Restriction on harvesting of crops (2) I f noncropland is brought into (3) Land on which cotton was pre­ from set-aside acreage. No crops other cropland status, the conserving base de­ vented from being planted because of a than the crops specified in paragraphs termined for the farm shall be increased flood, drought, or other natural disaster, (e) and (h) of this section shall be har­ by an acreage equal to the new cropland or a condition beyond the control of the vested from the designated set-aside in accordance with instructions issued by producer or was planted but failed acreage in the current year, or after De­ the Deputy Administrator. because of a natural disaster and which cember 31 of the current year if the (3) Designated acreage which is di­ is classified as acreage planted to cotton crop would normally mature and be har­ verted from tame hay and from summer for purposes of computing payments vested in the current year, except (1) fallow shall count toward maintaining under the upland cotton set-aside pro­ where the crop is one which matured the conserving base. gram: Provided, That if such land is in the year preceding the current year

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 - RULES AND REGULATIONS 17563

on land which was not designated as set- (2) When any set-aside acreage is relate to the 1972 and 1973 crop years aside or diverted acreage in such year planted and harvested pursuant to this are invited. The proposals may be ad­ and the harvesting was delayed because paragraph, the hay harvested therefrom dressed to the Deputy Administrator, of adverse weather or other conditions shall be baled and stored in sealed stor­ State and County Operations, ASCS, U.S. beyond the control of the farm operator, age on the farm in accordance with Department of Agriculture, Washington, or (2) where the county committee in instructions issued by the county D.C. 20250. All proposals should be ac­ accordance with instructions issued by committee. companied by a written statement in the Deputy Administrator determines (3) Except as otherwise provided in explanation and support of the proposals that it is necessary to permit the har­ this paragraph, the hay stored pursuant and mailed within 30 days of the date of vesting of crops from the set-aside acre­ to this paragraph may only be removed publication of this revision in the F ederal age for use in the area in order to alle­ from storage and used when the Admin­ R e g ist e r . viate a shortage of forage resulting from istrator or his designee has (i) desig­ Signed at Washington, D.C., on August severe drought, flood, or other natural nated as an emergency area the area in 25, 1971. which such farm is located, and (ii) disaster and consents to such harvesting K e n n e t h E. F r ic k , subject to appropriate adjustments in specifically authorized the use of emer­ Administrator, Agricultural Sta­ payment. gency hay by farmers in the area. The bilization and Conservation (d) -Restriction on grazing. The desig­ release of hay for emergency purposes Service. shall also be subject to the prior ap­ nated set-aside acreage shall not be [PR Doc.71-12916 Piled 9-l-71;8:53 am ] grazed during the 5 principal growing proval of the county committee. However, months as established by the county in order to avoid deterioration of the committee between the period of March hay stored on the farm for emergency Chapter IX— Consumer and Marketing use, the county committee may, upon 31 and October 16, except where the Service (Marketing Agreements and county committee in accordance with in­ application by the producer, permit such structions issued by the Deputy Adminis­ hay to be removed from storage and used Orders; Fruits, Vegetables, Nuts), trator determines that it is necessary to or sold from time to time so long as an Department of Agriculture permit the set-aside’acreage to be grazed amount of hay equal to the amount re­ [Valencia Orange Reg. 364] in order to alleviate a shortage of forage moved is previously placed in sealed in the area resulting from severe storage. In addition, in cases where a PART 908— VALENCIA ORANGES drought, flood, or other natural disaster producer has stored hay in accordance GROWN IN ARIZONA AND DESIG­ and consents to such grazing subject to with this paragraph and such hay has NATED PART OF CALIFORNIA appropriate adjustments in payment. not been depleted in an unauthorized (e) Set-aside acreage devoted to des­ manner, and such producer is no longer Limitation of Handling ignated crops planted for harvest in lieu a producer on the farm, the hay so stored may be transferred to another producer § 908.664 Valencia Orange Regulation of conservation use. ’Set-aside acreage 364. on the farm in accordance with which is otherwise eligible for payment (a) Findings. (1) Pursuant to the mar­ may be devoted to approved alternate instructions issued by the Deputy keting agreement, as amended, and crops and harvested subject to adjust­ Administrator. (4) At the time and to the extent of Order No. 908, as amended (7 CFR Part ments in payment as provided in indi­ 908, 35 F.R. 16625), regulating the han­ vidual program regulations. any depletion in the amount of hay stored under subparagraph (2) of this dling of Valencia oranges grown in (f) Use of land. Measures normal for paragraph (h) except depletion under Arizona and designated part of Califor­ the area may be carried out on the set- subparagraph (3) of this paragraph (h) nia, effective under the applicable pro­ aside acreage in the fall in connection or depletion resulting from some cause visions of the Agricultural Marketing with the production of a crop for harvest beyond the control of the producer as Agreement Act of 1937, as amended (7 in a subsequent year. determined in accordance with instruc­ U.S.C. 601-674), and upon the basis of (g) Control of erosion, insects, weeds, tions issued by the Deputy Administra­ the recommendations and information and rodents. The farm operator shall tor, the producer shall forfeit or refund submitted by the Valencia Orange Ad­ carry out such measures as are needed to the Commodity Credit Corporation ministrative Committee, established un­ for the control of erosion, insects, weeds, the total amount of payments and cer­ der the said amended marketing agree­ and rodents on the designated acreage. tificates payable or paid to him under the ment and order, and upon other avail­ If the county committee determines that feed grain set-aside program, the upland able information, it is hereby found that the measures carried out are not ade­ cotton set-aside program, and the wheat the limitation of handling of such quate, it shall prescribe and require the set-aside program for the year and for Valencia oranges, as hereinafter pro­ application of such other or additional the farm with respect to which the hay vided, will tend to effectuate the declared measures as are needed. I f erosion, in­ was harvested. In the case of certificates, policy of the act. sects, weeds, and rodents are not timely the producer shall return any certificates (2) It is hereby further found that it controlled in accordance with instruc­ received by him or pay the value thereof is impracticable and contrary to the pub­ tions received from the county commit­ to the Commodity Credit Corporation. lic interest to give preliminary notice, tee, the farm shall be subject to an ap­ (i) Approved conserving uses onengage in public rule-making procedure, propriate adjustment in payment for diverted acreage. Subject to the provi­ and postpone the effective date of this failure to fully comply. sions of paragraphs (c), (d ), and (g) of section until 30 days after publication (h) Harvesting and storage of emer­ this section, the approved conserving hereof in the F ederal R e g ister (5 U.S.C. gency hay from set-aside acreage. Sub­ uses on set-aside acreage are the con­ 553) because the time intervening be­ ject to the provisions of this paragraph, serving uses set forth in § 792.2(b). tween the date when information upon a producer may harvest and store hay Effective date. Since farmers are now which this section is based became avail­ from 25 percent of the total acreage set completing their plans for the 1971 crop able and the time when this section must aside from production under the wheat, year, it is essential that the foregoing feed grain, and upland cotton set-aside revision of the regulations governing the become effective in order to effectuate the programs or 25 acres, whichever is great­ conserving base and designated set-aside declared policy of the act is insufficient, er, for use during periods of emergency. acreage be made effective as soon as pos­ and a reasonable time is permitted, under (1) Any producer who elects to plant sible. It is hereby found and determined the circumstances, for preparation for and harvest hay on set-aside acreage that compliance with the notice and such effective time; and good cause exists pursuant to this paragraph shall file an public procedure provisions of 5 U.S.C. for making the provisions hereof effective application in accordance with instruc­ 553 is impracticable and contrary to the tions issued by the Deputy Administra­ public interest. Accordingly, this revision as hereinafter set forth. The committee tor in which he shall agree not to use shall become effective upon publication held an open meeting during the current any such hay harvested from such acre­ in the F ederal R egister (9-2-71). week, after giving due notice thereof, to age unless authorized to do so by the Proposals for amendment or modifi­ consider supply and market conditions Administrator or his designee. cation of the regulations insofar as they for Valencia oranges and the need for

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 V 17564 RULES AND REGULATIONS regulation; interested persons were af­ said § 524.6 by revising it to read as fol­ amend § 545.1-1 of the rules and regula­ forded an opportunity to submit infor­ lows, effective , 1971: tions for the Federal Savings and Loan mation and views at this meeting; the § 524.6 Budgets. System (12 CFR 545.1-1) for the pur­ recommendation and supporting infor­ pose of permitting Federal savings and mation for regulation during the period Each Bank shall prepare and submit loan associations to distribute earnings specified herein were promptly submitted to the Board for its approval a budget to the Department after such meeting of operations in the manner and accord­ monthly on savings accounts. Accord­ was held; the provisions of this ..ection, ing to the procedure prescribed by the ingly, on the basis of such consideration including its effective time, are identical Board or its designee. Each Bank shall and for such purpose, the Federal Home with the aforesaid recommendation of submit to the Board with its budget a Loan Bank Board hereby amends said certificate signed by its president as to the committee, and information concern­ § 545.1-1 by revising paragraph (b) ing such provisions and effective time the compliance -by each of its officers, has been disseminated among handlers legal counsel, and employees with the thereof to read as follows, effective Sep­ of such Valencia oranges; it is necessary, provisions of § 522.70 of this subchapter. tember 1, 1971: The Board will either approve the budget in order to effectuate the declared policy § 545.1—1 Distribution o f earnings on of the act, to make this section effective as submitted by each Bank or ap­ prove such budget with such adjustments bases, terms, and conditions other during the period herein specified; and than those provided by charter. therein as to it appears proper. Such compliance with this section will not re­ * ♦ * ♦ * quire any special preparation on the part Bank shall be operated within such bud­ of persons subject hereto which cannot get as so approved or as it may be (b) Monthly or quarterly. A Federal be completed on or before the effective amended. The board of directors of each association which has a charter in the date hereof. Such committee meeting was Bank is authorized, within such limits as form of Charter N or Charter K (rev.) the Board may set from time to time, to held on ,1971. may, by resolution of its board of di­ approve amendments to such budget at (b) Order. (1) The respective quanti­ rectors so providing and while such res­ ties of Valencia oranges grown in any time. I f a budget amendment is not olution remains in effect, distribute earn­ Arizona and designated part of California within such limits, the Bank shall submit which may be handled during the period to the Board a request for approval of ings on savings accounts, or designated , 1971, through September such amendment. The Board hereby classes thereof, as of the last day or the 9, 1971, are hereby fixed as follows: delegates to the Director of the Office of last business day of each calendar Bank Management, within such limits as (1) District 1: 96,000 cartons; the Board may set from time to time, month, or as of the last day or the last (ii) District 2: 304,000 cartons; authority to approve budget amendments business day of the months of March, (iii) District 3 : Unlimited. submitted to the Board for approval. June, September,, and December. No dis­ Dated: September 1,1971. (Sec. 17, 47 Stat. 736, as amended; 12 U.S.C. tribution of earnings may be made pur­ (2) As used in this section, “ handler,” 1437. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, suant to the authority contained in this “ District 1,” “ District 2," “District 3,” 3 CFR, 1943-48 Comp., p. 1071) paragraph until provision has been made and “carton” have the same meaning as Resolved further, that since the above for the payment of expenses and for the when used in said amended marketing amendment relates to the internal oper­ pro rata portion of credits to reserves re­ agreement and order. ations of the Federal Home Loan Banks, quired by the association’s charter and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. each of which has received actual notice 601-674) of such amendment, the Board hereby by Part 563 of this chapter. ***** Dated: September 1,1971. finds that notice and public procedure thereon are unnecessary under the pro­ (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. P a u l A . N ic h o l s o n , visions of 12 CFR 508.11 and 5 U.S.C. 553 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, Deputy Director, Fruit and (b ); and, for the same reason, the Board 3 CFR, 1943-48 Comp., p. 1071) Vegetable Division, Consumer hereby finds that the requirement re­ Resolved further that, since affording and Marketing Service. garding publication of an amendment notice and public procedure on the above [F R Doc.71-13075 Filed 9-1-71; 11-17 am] for a minimum 30-day period prior to the effective date thereof, as specified in amendment would delay it from becom­ 12 CFR 508.14 and 5 U.S.C. 553(d), shall ing effective for a period of time and not apply to the above amendment; and since it is in the public interest that such Title 12— BANKS AND BANKING the Board hereby provides that such amendment become effective as soon as Chapter V— Federal Home Loan Bank amendment shall become effective as possible, the Board hereby finds that no­ hereinbefore set forth. Board tice and public procedure thereon are SUBCHAPTER B— FEDERAL HOME LO A N BANK By the Federal Home Loan Bank contrary to the public interest under the SYSTEM Board. provisions of 12 CFR 508.11 and 5 U.S.C. [No. 71-869] [ s e a l ] E u g e n e M. H e r r in , 553 (b ); and, since such amendment re­ Assistant Secretary. PART 524— OPERATIONS OF THE lieves restriction, publication of such BANKS [FR Doc.71-12833 Filed 9-1-71;8:45 am] amendment for the 30-day period speci­ fied in 12 CFR 508.14 and 5 U.S.C. 553(d) Budgets SUBCHAPTER C— FEDERAL SAVINGS A N D LO A N prior to the effective date thereof is un­ A u g u s t 26, 1971. SYSTEM necessary; and the Board hereby pro­ Resolved, that the Federal Home Loan [No. 71-871] vides that such amendment shall become •Ran k Board considers it desirable to PART 545— OPERATIONS effective as hereinbefore set forth. amend § 524.6 of the regulations for the Federal Home Loan Bank System (12 Monthly Distribution of Earnings on By the Federal Home Loan Bank CFR 524.6) for the purpose of delegating Savings Accounts Board. authority for approval of certain amend­ [ s e a l ] E u g e n e M. H er r in, , 1971. ments to the budgets of the Federal Home Assistant Secretary. Loan Banks. Accordingly, the Federal Resolved that the Federal Home Loan Home Loan Bank Board hereby amends Bank Board considers it advisable to [FR Doc.71-12834 Filed 9-1-71:8:45 am]

FEDERAL REGISTER, V O L 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17565

from a boat under power. Therefore, Maryland in those areas described, de­ Title 50— WILDLIFE AND since these amendments benefit the pub­ lineated, and designated in their respec­ lic by relieving existing restrictions, they tive hunting regulations as being open FISHERIES shall become effective upon publication in to sea duck hunting. the F ederal R eg ister (9-2-71), Chapter I— Bureau of Sport Fisheries (b) Teal. * * * and Wildlife, Fish and Wildlife 1. Section 10.3(a) (3) is amended to (2) Extra bag limit. An open hunting Service, Department of the Interior read as follows: season for teal ducks (blue-winged only) is prescribed according to the following § 10.3 Hunting methods. SUBCHAPTER B— H U NTING A N D POSSESSION OF table. The daily bag and possession limits * * * * * WILDLIFE specified here are in addition to any other PART 10— MIGRATORY BIRDS (a) Permitted methods. * * * bag and possession limits specified else­ (3) From any floating craft (exceptwhere. Open Seasons, Bag Limits, and Pos­ a sinkbox), including those propelled by Daily bag limit______,______2 session of Certain Migratory Game motor, sail and wind, or both, when (i) Possession lim it-______4 the motor of such craft has been com­ Shooting hours: One-half hour before sun­ Birds pletely shut off and/or the sails furled, rise until sunset. The Migratory Bird Treaty Act of as the case may be; its progress there­ CHECK STATE REGULATIONS FOR July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 from has ceased; and it is drifting, ADDITIONAL RESTRICTIONS et seq.), as amended, authorizes and di­ beached, moored, resting at anchor, or rects the Secretary of the Interior, having it is being propelled by paddle, oars, or Season in: pole; or (ii) the craft is being operated Connecticut-______------Oct. 16-Oct. 23 due regard for the zones of temperature D e law a re ______in accordance with the special sea duck and for the distribution, abundance, Kentucky. _ — Nov. 28-Dec. 6 economic value, breeding habits, and regulations, § 10.53(a). Maryland______times and lines of flight of migratory * * * * * Minnesota New Hampshire. game birds to determine when, to what § 10.46 [Am ended] ------Oot. 2-Oct. 10 extent, and by what means, such birds New York (except or any part, nest, or egg thereof may be 2. Section 10.46 is amended by chang­ area) ------Oct. 11-Oct. 19 ing the table as follows: North Carolina.. ------Nov. 20-Nov. 27 taken, captured, killed, possessed, sold, North Dakota purchased, shipped, carried, or trans­ In the table of seasons for Michigan: a. Delete the subcategory “ Zones 1 Rhode Island- _____ Oct 23—Oct. 9.R ported. South Carolina ------Jan. Í2-Jan. 20 By a notice of proposed rule making and 2” and its corresponding dates. Vermont______published in the F ederal R egister of b. Delete the subcategory “ Zone 3” Virginia______. May 11, 1971 (36 F.R. 8677), notification and its corresponding dates. West Virginia______------Oct. 16-Oct. 24 was given that the Secretary of the In ­ c. In the column of seasons for rails, W isc o n sin .______terior proposed to amend Part 10 of Title replace the words “ See footnote 7” with (c) Gallinule. [Reserved] 50 of the Code of Federal Regulations. “Sept. 15-Nov. 19“ . The amendments would specify open sea­ d. In the column of seasons for wood­ N o te: The season dates, bag' limits, and sons, shooting hours, and bag and pos­ cock, insert the dates “Sept. 15-Nov. 14” . shooting hours published in this paragraph in the Federal R egister of July 24, 1971 (36 session limits for migratory game birds e. In the column of seasons for com­ F.R. 13763) have been incorporated, with for the 1971-72 hunting seasons. mon snipe, replace the words “ See foot­ additions, in paragraphs (e) and (f) of this Interested persons were invited to sub­ note 8” with “Sept. 15-Nov. 18” . section. mit their views, data, or arguments re­ In the column of seasons for rails, (d) Horicon Zone. (1) In Wisconsin garding such matters in writing to the for the State of Rhode Island replace the during the 1971-72 waterfowl season, the Director, Bureau of Sport Fisheries and dates “Sept. 2-Nov. 28” with the dates kill of geese will be limited to Wildlife, U.S. Department of the Interior, “ Sept. 20-Nov. 28” . 28,000 birds; 16,000 of which may be Washington, D.C. 20240, within 30 days In the column of seasons for rails, taken in the area designated as the Hori­ following the date of publication of the replace the words “See footnote 12” for con Zone. notice. After analysis of the migratory the State of ' game bird survey data obtained through (2) The Horicon Zone includes por­ investigations conducted by the Bureau Tennessee with______f “Nov. 13-Nov. 21 tions of Columbia, Dodge, Fond du Lac, [Dec. 7—Jan. 15” Green Lake, Washington, and Winne­ of Sport Fisheries and Wildlife, by State Wisconsin with------“Oct. 2-Nov. 20” game departments, and by other sources, bago counties. It is bounded on the east the Director informed the States of the In the column of seasons for com­ by U.S. Highway 45 from Oshkosh to outside dates, season lengths, shooting mon snipe, replace the words “See foot­ Fond du Lac, and then State Highway hours, and daily bag and possession limits note 6” for the State of 175 to Addison; on the south by State within which hunting would be per­ Florida with------“Nov. 20-Jan. 20” Highway 33 from Addison to Beaver mitted. The States were invited to submit Iowa with------“Oct. 2-Dec. 5” Dam, and then U.S. Highway 151 to Col­ recommendations for hunting seasons with------“Dec. 18-Feb. 20” umbus; on the west by State Highway 73 which complied with these frameworks. New Jersey w ith ------“Oct. 16-Dec. 18” from Columbus to its intersection with Wisconsin with______“Oct. 2-Nov. 20” State Highway 23, east of Princeton; and Accordingly, each State game depart­ Wyoming with------“Oct, 2-Dec. 5” ment haying had an opportunity to par­ on the north by State Highway 23 from ticipate in selecting the hunting seasons 3. Section 10.53 is amended as follows: the intersection with State Highway 73 to Ripon, then State Highway 44 to desired for its State on those species of § 10.53 Seasons and limits on waterfowl, Oshkosh. migratory game birds for which open coots, gallinule, and common snipe seasons are now to be prescribed, and (Wilson’s). (3) Seasons, limits, and shooting hours consideration having been given to all for Canada geese: Subject to the applicable provisions other relevant matters presented, it is of the preceding sections of this part, the in eí I^lned that certain sections of Part areas open to hunting, the respective Horicon Zone Rem ainder of shall be amended as set forth below. State 10 open seasons (dates inclusive), the shoot­ The taking of the designated species ing hours, and the daily bag and posses­ D a ily bag lim it___ . . . l j em igratory game birds is presently pro- sion limits on the species-designated in Possession lim it______l 2 1116 amendments to be made to Season dates...... Oct. 14-Oct. 31.. Oct. 2-Dec 10 this section are prescribed as follows: Shooting hours: Óne-half hour before sunrise untii §8 10.46, 10.53, and 10.54 will permit tak- (a) Sea ducks. * * * sunset. mg of the designated species within (4) Notwithstanding the provisions of specified periods of time beginning as § 10.3, the shooting of crippled waterfowl (4) Each person hunting Canada early as September 1, as has been the from a motorboat under power will be ease in past years. The amendment to geese in the Horicon Zone must have permitted in the States of Maine, New been issued in his name and carry on f . made § 10.3 is an editorial correc­ Hampshire, Massachusetts, Rhode Island, tion clarifying a reference to hunting his person a valid State hunting license, Connecticut, New York, Delaware, and a valid Migratory Bird Hunting Stamp

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17566 RULES AND REGULATIONS

(duck stamp), and a valid Horicon Zone (e) Atlantic, Mississippi, and Central Flyways. Canada goose hunting permit with cor­ respondingly numbered report card and Docks (ex- Mor- metal Canada goose tag. Hunters less eept gan- Scaup Coots Gallinule Geese Brant than 16 years of age are not required mer- sers bonus to have a Migratory Bird Hunting gan- Stamp. To be valid, the permit must sers) remain attached to the report card D a lly bag li m i t . ™ . ™ —' 14 8 5 *2 15 16 5 6 until a Canada goose is reduced to pos­ Possession lim it______*8 810 8 4 30 30 5 12 session. The required permits and tags are nontransferable. Shooting hours____...... One-hall hour before sunrise until sunset. (5) Immediately after a Canada CHECK STATE REGULATIONS FOE ADDITIONAL RESTRICTIONS goose is killed and reduced to possession in the Horicon Zone, the tag must be Seasons in: Alabam a 8 88 88...... N o v . 27-Jan. 15...... N o v . 6-Jan. 14-----N o v . 15-Jan. 23— affixed and securely locked around Arkansas 88_. ______N o v . 20-Jan. 8______N o v . 7-Jan. 15----Oct. 31-Jan. 8.'------either leg of the Canada goose. The Colorado **14 H . „ ...... See § 10.63(g)-Point system ...... N o v . 1-Jan. 16— - goose may not be carried by hand or Connecticut ^j^'g30...... - isept. 1-Nov. 9-----{B ee. 18^a°n.'l3.™}0ct;- 1&"Dec- 24- transported in any manner without the Delaware8 . u ...... Dec. \ tag being attached. Thè tag must re­ Florida...... See §10.53(g)-Point system------Sept. 4r-Nov. 12...... main on the goose until it reaches the G eorgia711______N o v . 22-Jan. 20______— N o v . 7-Jan. 15...... - ...... N o v . 15-Jan. 23. abode of the permit holder. The tag 88 87 88 88...... See §10.53(g)-Point system ...... — ...... ----- Alexander, Jackson, ...... -...... —...... - ...... N o v . 15-Dec. 31— is not valid for reuse. Union, and W il­ (6) It is mandatory that each person liamson Counties.18 ■ • . „ _ \ ,, Rem ainder of State...... ™ ...... i ...... Oct* ShS60,« — hunting in the Horicon Zone, report on y . u (O ct. 30-Dec. 8------q (Oct. 23—Dec. 8—.. . tag use or nonuse, using the report Indiana 8 88...... |Dec 24-Jan. 2...... ) Sept- 1_N ov- 9- — iD ec. 18-Jan. 9------card provided, within 12 hours after Iow a 18 80...... *...... See §10.53 (g)-P oin t system ...... Oct. 2-Dec. 10------the close of the Canada goose season Kansas 88 148181______{Bee. 18-Dee. 29’."” ” ™ ” ” ™ jSept*1_Nov- 9— - 0ct- 16~E>ec- 29-— in the Horicon Zone. Kentucky « 88 87...... N o v . 28-Jan! 1 6 ™ I I I - ™ .1.1. N o v . 18-Jan. 1 5 ... N o v . 15-Jan. 23— (7) No special permit is required to 82888...... { d ec.‘ lY -J a m iU ™ ’ ’ — — j Sept' 4r_Nov- 12- - - {F eb .' ¿-Feb. 14. 111 hunt blue or snow geese anywhere in Maine 18« » ...... — f e o v 1 -N ov- 0 c t- 4~DeC- — 0 c t- 4~DeC' 11 INnu' H-Nnr 9H "...... L . . „ (Oct. 30-NoV. 26----Oct. 30-NOV. 26 Wisconsin, including the Horicon Zone. M arylan d 8 711» ...... } s ept. 1-N ov. 9— j D ec. 9_Jan. 19______Dec. 9-Jan. 19 (8) Application procedure: (L>ec. a-jan. i o ...... j joct. 20-Nov. 11... Oct. 20-Nov. 11 Massachusetts 18...... - ...... -...... ~ \ N o v . 23-Jan. 8____ N o v . 23-Jan. 8 (i) Applications will be made avail­ Coastal tone 8181184__ N o v . 23-Jan. 1------— N o v . 23-Dec. 27...------able to the public about the middle of Inland zone 8 18 88____Oct. 20-Nov. 28...... Oct. 20-Nov. 28...... -- ...... Michigan **...... See § 10.53(g)-Point system_____Oct. 1-Nov. 19------Oct. 1-N ov. 30----- August and must be returned no later Minnesota 4 8 12 18 89____ Oct. 2-Nov. 2 0 ...... Oct. 2-Nov. 20----- Oct. 2-Dec. 10.—. . than , 1971. All applica­ Oct 16-NOV» 14. m m tions postmarked after September 11, {Dec. 7-Jan. 15—1.1 Missouri 20 27 28 88.. . ___ Oct. 31-Dec. 19...... e Sept. 1-Nov. 9----- Oct. 31-Jan. 8 .------1971, will be disqualified, except appli­ M ontana181417______See § 10.53(g)-Point system...... Oct. 2-Dec. 30------cations from persons in the military Nebraska 14 21 88...... — See § 10.53(g)-Point system...... Oct. 2-Dec. 1 5 ..... service on duty outside the State during N e w Hamp- (O ct. 2-Oct. 25...... (Oct. 16-Dec. 24.... Oct. 16-Dec. 24. the regular application period. Appli­ N ew Jersey 1118...... See § 10.53(g)-Point system_____Sept. 1-N ov. 9------Oct. 16-Dec. 24— Oct. 16-Dec. 24. cations from military personnel post­ N e w Mexico 18 14 17 40.. . See § 10.53(g)-Point system___ Oct. 23-Dec. 31— Oct. 23-Jan. 16----- New York:18 N o v . 15-Jan. 23. marked after September 11, 1971, will Long Island N o v . 15-Jan. 3...... - Sept. 13-Nov. 9 . . . N o v . 15-Jan. 23.. be accepted if they are accompanied by area.8101141 Lake Champlain Oct.9-Nov.27 ...... - ...... Sept. 25-Dec. 3 .... Oct. 9-Dec. 17------Oct. 9-Dec. 17. a notarized statement attesting to such area.4 8 10 42 duty outside the State. All incomplete, Remainder of (O ct. 11-Nov. 29...... Sept. 1-N ov. 9____Oct. 11-Dec. 19— Oct. 11-Dec. 19. State.8 7 illegible, tardy, or duplicate applica­ N orth aCarolina8 71118. N ot! 20Jan. 18.’™.’! - ” ™ - Sept. 1-Nov. 9-----N o v . 20-Jan. 8------N o v . 20-Jan. 18. tions will be disqualified. A duplicate North Dakota 8 8 8 14— Oct. 1-Dec. 9 .._ ...... i ...... Oct. 1-Dec. 14------ ...... Sept. 1-N ov. 9 ...... - ...... •, „ _ . application will disqualify all applica­ Pymatûnïng Oct. 9-Dec. 7...... Oct. 9-Dec. 9...... Oct. 9-Dec. 9. tions by an individual. area.7 ^ ^ Rem ainder of (O ct. 22-Dec. 4______Oct. 22-Dec. 24. . . (ii) Application forms will be avail­ State.4 8 22 (D ec. 27-Jan. 1...... Dec. 27-Jan. 1---- able from county clerks, State hunting Oklahoma 14 81 48______See § 10.63fg)-Point system.._ Sept. 1-Nov. 9------Oct. 23-Jan. 5 . . . — and fishing license depots, and from Pennsylvania716**___ _ Oct. 9-D ôc. 7 - , ...... Sept. 1—No v . 9 _ ... Oct. 1—Dec. Oct. 1-D6C. * Wisconsin conservation department of­ Rhode Island 8 81011 " - {B o v ^7...... jsep t. 20-Nov. 2 8 .. N o v . 15-Jan. 2 3 ... N o v . 15 -Jan. 23. fices in Spooner, Woodruff, Black River South Carolina8101118. Dec.’2-Jan. 20.™ ™ ” ™ ” ™ Oct. 2-Dec. 10----- Dec. 2-Jan. 20— . . Dec. 2-Jan. 20. Palls, Oshkosh, and Madison. South Dakota 14 21 47.. . See § 10.53(g)-Point system...... Oct. 2-Dec. 15------(iii) Each successful applicant will ...... 23~ 14 48...... See § 10.53(g)-Pointsystem____ Sept. 1-Nov.9------Nov.3-Jan.16 ------_ ur receive one permit, tag, and report card. V erm o n t4 8 1018 « _____ Oct. 9-Nov. 27...... Sept. 25-Dec. 3------Oct. 9-Dec. 17------Oct. 9-Dec. 17. In the event that the number of appli­ cants exceeds the number of permits Remainder of S ta te18...... N o v . 15-Jan. 22— N o v . 15-Jan. 22. and tags authorized, successful appli­ West Virginia 8 8 7 18___{B e e ...... ] ° c t . 16-Dec. 24. . . Oct. 16-Dec. 24. - . Oct. 16-Dec. 24. cants will be randomly selected. Non­ Wisconsin 4 8 28 « ...... O ct. 2-Nov. 26.Y..I'.'...... '. ____Oct. 2-N ov. 20.___Oct. 2-Dec. 10------resident applicants will not be discrimi­ nated against. I f two or more persons W yom ing 181417______See § 10.53(g)-Point system------{ n o v . 20-Jan. Ï Î ™ wish to hunt together in the Horicon 8 In all States the daily bag lim it m ay not Include more than 2 wood ducks and 1 canvasback or 1 redhead, and the Zone, each must fill out an application possession limit may not include more than 4 wood ducks and 1 canvasback or 1 redhead. . . . th _ form and submit them together in an 2 In all States the daily bag lim it m ay not include more than 1 and the possession lim it m ay not Include more i envelope marked “ Group Application." * When applicable, the extra scaup limits are in addition to other bag and possession limits specified elsewhere. Group applications will be considered in 4 Extra scaup limits do not apply during the entire duck season. Th e extra birds m ay only be taken in. the selection as one application. Minnesota from Nov. 1-Nov. 20. Ohio from N o v . 1-Dec. 4; Dec, 27-Jan. 1...... , ___ ■ xt.,,,. VnrfcL (9) Those persons not issued a Hori­ Vermont, on lik e Champlain, from Nov. 1-Nov. 27 (limitation also applies to Lake Champlain area of N ew i > Wisconsin from Nov. 1-Nov. 20. con Zone permit and tag will not be so 8 Scaup bonus does not apply to this State. - , „ .. . . notified, but they may hunt Canada 8 Extra blue-winged teal limits apply to i 9 consecutive days. See § 10.53(b) (2) for applicable dates. , 7 T h e daily bag lim it is 3 and the possession lim it is 6 ducks, ol which not more than 1 daily and 2 in possession n geese outside the Horicon Zone during be black ducks. the regular Wisconsin goose season where 8 Th e daily bag lim it is 5 and the possession lim it is 10 ducks. no special permit is required. (Continued on next page)

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 8 The daily bag lim it is 6 and the possession lim it is 12 ducks, of which not more than 2 daily and 4 in possession may Th e Southeastern zone includes that portion of the State lying between Interstate Highw ay 35 and the Mississippi be mallard ducks. R iver and between the T w in Cities and the Iow a border. Consult State regulations for specific boundaries. w Th e daily bag lim it m ay not include more than 2 and the possession lim it m ay not include more than 4 black 87 In Lafayette, Marshall, and Panola Counties the daily bag and possession limits may not include more than 1 ducks. Canada goose. it See also § 10.53(a), published in Regulatory Announcement 87, for the sea duck hunting regulations. 88 In the State of Missouri: 12 Th e daily bag lim it m ay not include more than 15 and the possession lim it, may not include more than 30 coots a. In the Squaw Creek area, consisting of Atchison and H o lt Counties and those portions of Andrew and Noda­ and gallinules, singly or in the aggregate of these species, w ay Counties lying west of U.S. Highw ay 71, the open season on Canada geese Is Oct. 31-Noy. 29. is The Central F ly w ay portion consists of: b. In the Swan Lake quota area, consisting of those portions of the counties of Livingston, Carroll, Lafayette, Colorado and Wyoming: The area lying east of the Continental Divide. Saline, Howard, Chariton, and Linn, bounded by roads starting at the junction of U.S. Highways 36 and 65 at Chil- Montana: The counties of Blaine, Fergus, Judith Basin, Wheatland, Sweet Grass, Stillwater, Carbon, and all licothe, thence south along U.S. Highway 65 to the junction with State Highway 240, thence north and east along counties east thereof. State Highway 240 to the junction with State Highway 6 at Glasgow, thence north along State Highway 5 to the : The area lying east of the Continental Divide outside the boundaries of the Jicarilla Apache Indian junction with U.S. Highway 36 north of Marceline, thence west along U.S. Highway 36 to the point of beginning, Reservation. the season on Canada geese opens on Oct. 31 and closes when the quota of 14,000 birds has been exhausted or on Jan. 8, 18 In the Central F ly w a y States the daily bag and possession lim its on geese m ay not include more than 1 Ross’ whichever comes first. goose. c. In the Lower Mississippi zone, consisting of the area lying east of a line running south along U.S. Highw ay 61 n Shooting hours for geese are sunrise until 3 p.m. from its junction with U.S. Highway 67 until it becomes Interstate Highway 55, then south along Interstate Highway 19 Th e daily bag lim it is 1 and the possession lim it is 2 geese (except blue and snow geese on which the season is 55 to the Arkansas border, the season on Canada geese is Dec. 1-Jan. 23. T h e daily bag lim it may not include more closed in the Atlantic Flyway). than 2 Canada geese, or 2 white-fronted geese, or 1 of each; and the possession lim it m ay not incude more than 4 17 Th e daily bag lim it is 2 and the possession lim it is 4 geese. Canada and white-fronted geese in the aggregate, of which not more than 2 may be white-fronted geese. 18 Th e daily bag lim it is 3 and the possession lim it is 6 geese (except blue and snow geese on which the season is d. In the remainder of the State, the season on Canada geese is Oct. 31-Nov. 20. closed in the Atlantic F ly w ay ). 88 In Keith County, the daily bag lim it on Canada geese is reduced to 1 after Dec. 1. m Th e daily bag and possession lim its m ay not include more than 1 Canada goose, or 2 white-fronted geese, or 1 88 In Bernalillo, Sandoval, Sierra, Socorro, and Valencia Counties the daily bag lim it is 1 and the possession limit- of each. ' is 2 geese, and the open season on geese is Jan. 1-16. 28 Th e daily bag lim it m ay not include more than 1 Canada goose, 2 white-fronted geese, or 1 of each; and the 81 Th e Long Island area consists of all of Nassau and Suffolk Counties and that part of Westchester County south of possession lim it m ay not include more than 2 Canada geese and 2 white-fronted geese. the Hutchinson River Parkway. n Th e daily bag and possession limits m ay not include more than 2 Canada geese, or 1 white-fronted goose, or 1 82 Th e Lake Champlain area includes that part of N ew York State lyin g east and north of a line running south of each. from the Canadian border along U.S. Highway 9 to New York Route 22 south of Keeseville, along New York Route 22 Th e daily bag and possession limits m ay not include more than 2 Canada geese, or 2 white-fronted geese, or 22 to South Bay, along and around the shoreline of South Bay to New York Route 22, along N ew York State Route 1 of each. 22 to U.S. Highway 4 at Whitehall, and along U.S. Highway 4 to the Vermont border. 28 T h e daily bag lim it m ay not include more than 2 Canada geese, or 2 white-fronted geese, or 1 of each; and the 88 In that portion of N orth Dakota lying east of State H ighw ay 3, the daily bag lim it m ay not include more than possession lim it m ay not include more than 4 Canada and white-fronted geese in the aggregate, of which not more 1 Canada goose, or 2 white-fronted geese, or 1 of each. In that portion of North Dakota lying west of State H ighw ay than 2 m ay be white-fronted geese. 3, the daily bag lim it m ay not include more than 2 Canada geese, or 2 white-fronted geese, or 1 of each. Th e possession 28 N o t used. limit in North Dakota may not include more than 2 Canada and white-fronted geese singly or in the aggregate of REGULATIONS AND RULES 28 In Russell and Barbour counties the season is closed on all geese. these species. 28 In the States of Arkansas and Louisiana and in the Mississippi counties of Issaquena, Sharkey, and Washington, 88 The Pymatuning Reservoir area includes Pymatuning Reservoir and that part of Ohio bounded on the north the season is closed on Canada geese, and the daily bag and possession lim it m ay not include more than 2 white- by County Road 306 known as Woodward Road, on the west by Pymatuning Lake Road, and on the south by U.S. fronted geese. Highway 322. * ' 27 Notwithstanding the provisions of Section 10.10 of this part, geese taken in the States of Illinois, Kentucky, and Th e possession lim it on ducks m ay not include more than 2 wood ducks. Missouri may not be transported, shipped, or delivered for transportation or shipment by common carrier, the 88 In Alfalfa, Bryan, Johnston, and Marshall Counties, the daily bag lim it may not include more than 1 Canada postal service, or by any person except as the personal baggage of the hunter who took the birds. goose and I white-fronted goose, and the possession lim it m ay not include more than 2 Canada geese, or 1 white- 28 In the States of Illinois and Wisconsin, the kill of Canada geese w ill be limited to 28,000 birds in each State. fronted goose, or 1 of each. 22 When it has been determined by the Director, Bureau of Sport Fisheries and Wildlife, that the quota of Canada 88 In the State of Pennsylvania: geese allotted to the State of Illinois or to the Swan Lake area of Missouri w ill have been killed, the season for taking a. T h e possession lim it on ducks m ay not include more than 2 wood ducks. Canada geese in the respective area will be closed by the Director upon giving public notice through local information b. In Crawford and Erie Counties, the season on geese and brant is Oct. 9-Dec. 9. media at least 48 hours in advance of the time and day of closing. c. In Crawford and Lebanon Counties and on the Susquehanna River between the Clarks Ferry Bridge in Dau­ 88 Th e open season on Canada geese is Oct. 9-31. phin County and the confluence of the north and west branches of the Susquehanna River in Northumberland 81 In the State of Kansas: County, and in all of Lancaster County, except on the Susquehanna River, the daily bag lim it is 1 goose. a. T h e daily bag lim it m ay not include more than 2 and the possession lim it m ay not include more than 4 hen 87 In that portion of South Dakota lying east of U.S. Highway 281 and north of State Highway 34, and in those mallards. counties contiguous to the Missouri River between the North Dakota border and the Nebraska border, the daily bag b. T h e daily bag lim it on Canada geese is reduced to 1 after Dec. 11. lim it m ay not include more than 1 Canada goose and 1 white-fronted goose, and the possession lim it may not include 82 For the lands and waters of the State of Louisiana lying easterly of the center line of the main navigable channel more than 2 Canada geese, or 1 white-fronted goose, or 1 of each. of the Mississippi River between the north boundary of Louisiana and latitude 319 N., the season dates and bag 88 In that portion of Texas lying east of U.S. Highway 81, the daily bag limit may not include more than 1 Canada limits for geese are the same as those of Mississippi. goose or 1 white-fronted goose, and the possession lim it may not include more than 2 Canada geese, or 1 white-fronted 88 For the lands and waters of the State of viississippi lying westerly of the center line of the main navigable channel goose, or 1 of each; and in that portion of Texas lying west of U.S. H ighway 81, the daily bag and possession limits of the Mississippi River between the north boundary of Louisiana and latitude 31° N., the season dates and bag m ay not include more than 2 Canada geese, or 1 white-fronted goose, or 1 of each. limits for geese aro the same as those of Louisiana. 88 In Addison County, the daily bag lim it is 2 and the possession lim it is 4 geese. 88 The Coastal zone includes all coastal lands and waters lying seaward of a line running south from the New Hampshire border along U.S. Highway 1 to State Route 3, along State Route 3 to the Cape Cod Canal, and from 88 Th e Back B ay area of Virginia includes Back B ay and its tributaries and marshes adjacent thereto, the land and the Cape Cod Canal along State Route 6 to the Rhode Island border. marshes between Back B ay and the Atlantic Ocean from Sandbridge to the N orth Carolina border, North Landing 88 The inland zone includes all lands and waters lying inland of the Coastal zone. R iver and marshes adjacent thereto, and Lake Tecumseh and R ed Wing Lake and the marshes adjacent thereto. 88 T h e season on Canada geese, except in the Southeastern zone, is Oct. 2-10. In the Southeastern zone, the season 81 Th e daily bag lim it is 1 Canada and 1 white-fronted goose, and the possession lim it is 2 Canada geese, or 2 white- on Canada geese is Oct. 2-Dec. 10 ancfthe daily bag and possession lim it is 2 Canada geese. fronted geese, or 1 of each. T h e hunting of Canada geese in the Horicon Zone is subject to special regulations (510.53(d))i 17567

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 No. 171 17568 RULES AND REGULATIONS

(f) Pacific Fly way. Season in: _ , . , |Oet. 2-Oct. 14 Colorado ...... (Nov. 1-Jan. 16 Ducks Coots (except Morgan- and Geese Brant Common snipe F lorida______Nov. 25-Jan. 20 mergan- sers gaLUnule (Wilson’s) Illin o is______Oct. 23-Dec. 11 sers) Io w a ------;______Oct. 2-Nov. 20 M ich igan______Oct. 1-Nov. 19 D a lly bag lim it______*6 >5*26 <6 4 8 M ontana1 ______Oct. 2-Dec. 30 Possession lim it______112 * 10 * 25 4 6 8 16 Nebraska: Shooting hours...... One-half hour before sunrise until sunset. High plains area 2______J °ct* 9r ° ct- 31 CHECK STATE REGULATIONS FOR ADDITIONAL RESTRICTIONS / * (Nov. 4-Jan. 9 Remainder of State_____ j ° ct' 9~9ct- 31 (Nov. 4-Dec. 20 Seasons In: ' ____ Arizona * . . . . ______Oct. 16-Jan. 16______N o v . 13-Jan. 9 . . . ------N o v . 13-Jan. 16. ■Now Teraov |Oct. 16—Oct. 23 California«...... —-...... » ...... - ...... N o v . 20-Feb. 20. N o v . 13-Jan. 16. New Jersey------{Nov. 18-Jan. 8 Tule Lake area..______Oct. 9-Jan. 9______Oct. 9-Jan. 9 .------New Mexico1______Oct. 23-Jan. 16 Colorado R iver area *.. Oct. 16-Jan. 16------N o v . 13-Jan. 9— ------. [Oct. 16-Nov. 25 Northern zone *______Oct. 16-Jan. 16______Oct. 16-Jan. 16------—------O klah om a-...... ¡Dec. u _ Jan 8 „ .. , , , (Oct. 9-N ov. 14...... Oct. 9-Nov. 14...... Southern zone * 7 •...... \Nov. 27-Jan. 16...... N o v . 27-Jan. 16...... South Dakota: Colorado * « ...... Oct. 2-Jan. 2...... Oct. 23-Dec. 19...... Oct. 9-Dec. 12. High plains area *______Oct. 2-Dec. 30 Oct. 9-Dec. 12. Idaho » io it u « h w______Oct. 9-Jan. 9 .._ ...... Oct. 9-Jan. 9...... Remainder of State______Oct. 2-Dec. 10 Montana « • to u...... Oct. 9-Jan. 9______Oct. 9-Dec. 5...... Oct. 9-Dec. 5. N evada______. ------.----— ------Oct. 2-Dec. 5. T e x a s ______- ___ _ Nov. 3-Jan. li Clark and Lincoln Oct. 16-Jan. 16______N o v . 13-Jan. 9------W yom ing1 ______P « 54- 2-Nov. 7 Counties.« (Nov. 20-Jan. 11 Rem ainder of State___ Oct. 2-Jan. 2------Oct. 16-Jan. 16------— N e w Mexico * « 16______Oct. 16-Jan. 16______Oct. 16-Jan. 1 6 ...... - --- 1 Central Flyway portion of the State. Oregon w *«17______Oct. 9-Jan. 9 . . . ______Oct. 9-Jan. 9 ...... N o v . 20-Feb.Oct. 9-Dec. 20., 12. 2 That portion of the State lying west of a Utah « io___ ."...... Oct. 2-Jan. 2______Oct. 23-Dec. 19...... Oct. 2-Dec. 5. Washington u 1« « ______Oct. 16-Jan. 16______Oct. 16-Jan. 16.— N o v . 20-Feb.Oct. 16-Dec. 20. 19. line running south from the South Dakota ) Oct. 2-Dec. 5. border along U.S. Highway 183 to the junc­ W yom ing * * 1017...... Oct. 2-Dec. 31------{Sec. tSec.3»——— III—III—I tion with U.S. 20; thence west on U.S. 20 to the junction with Nebraska State High­ way 7; thence south on Nebraska 7 to the i In all States, the daily bag and possession lim it m ay not include more than 2 canvasback ducks. Junction with Nebraska 91; thence south­ * In all States, the daily bag lim it may not include more than 1 and the possession lim it may not include more than west on Nebraska 91 to the junction with 2 hooded mergansers. , . Nebraska 2; thence southeast on Nebraska 2 * D aily bag and possession limits apply singly or in the aggregate of these species. to the junction with Nebraska State High­ 4 In all States the daily bag lim it m ay not include more than 3 geese of the dark species, and the daily bag and ways 70 and 92; thence west on Nebraska 70 possession limits m ay not include more than 1 Ross’ goose. „ _ , » T h e daily bag and possession limits m ay not include more than 2 Canada geese, and the season on Canada geese and 92 to the junction with Nebraska 40; doses January 9» thence south on Nebraska 40 to the Junction « T h e T u le Lake area, Colorado R iver area, Northern Zone and Southern Zone are defined in T itle 14 § 502 of the with Nebraska 47; thence south on Nebraska California Administrative Code...... _ , , .. . „ 7 In that portion of California Fish and Game District N o. 22 not included in the Colorado R iver area, the daily 47 to the junction with Nebraska 23; thence bag and possession limits m ay not include more than 1 Canada goose. east on Nebraska 23 to the junction with « T h e daily bag and possession lim it is 7 ducks. U.S. Highway 283; thence south on UR. 283 * Pacific F lyw ay portion consists of: to the Kansas State line. Colorado and Wyoming: The area lying west of the Continental Divide. Montana: The counties of Hill, Chouteau, Cascade, Meagher, and Park, and all counties west thereof. 8 That portion of the State lying west of New Mexico: The area lying west of the Continental Divide plus the entire Jicarilla Apache Indian Reservation. a line running south from the North Dakota u in the State of Utah; in the State of Idaho (except Boundary, Bonner, Kootenai, Benewah, Shoshone, Latah, border along U.S. Highway 83 to the Junction Nez Perce, Lewis, Clearwater, and Idaho Counties); in the Oregon counties of Baker and Malheur; and in those with U.S. 14; thence east on U B , 14 to Blunt; portions of Colorado, Montana, and Wyoming placed in the Pacific Flyway, the daily bag and possession limit is 2 thence south on county gravel road to the Canada geese. T h e season on Canada geese in these areas of Idaho and Oregon ends January 2. u T h e daily bag lim it is 3 and the possession lim it is 6 geese. _ . . junction with U.S. 34; thence southwest u in the Idaho counties of Clark, Fremont, Madison, and Teton and in the Montana counties of Beaverhead across Big Bend Reservoir along buoy mark­ Gallatin, and Madison the season is closed on snow and Ross’ geese. , • _ , ers to Fort Defiance Road; thence west to » In Bear Lake, Bonneville, Caribou, Clark, Fremont, Jefferson, Madison, Teton, Bingham, Power, Bannock, southbound county gravel road; thence Oneida, and Franklin Counties, the Canada goose season ends December 5, and the daily bag and possession lim it m ay not include more than 2 Canada geese. _ * , ’■ _ . . south to the junction of U.S. 16 and 183 14 in that portion of the State of Idaho lying east of U.S. Highway 93, the season on Canada geese ends December 5. at Presho; thence south on U.S. 183 to the 1« There is no open season on geese north of U.S. H igh w ay 66. _ , __ , _ Nebraska State line. u in the Columbia Basin area of Idaho (counties of Ada, Bannock, Benewah, Bingham, Blaine, Bonner, Boundary Camas, Canyon, Cassia, Elmore, Gem, Gooding, Jerome, Kootenai, Latah, Lewis, Lincoln, Minidoka, Nez Perce’ (h ) Scaup only season. A special open Owyhee Payette, Power, Shoshone, Twin Falls, and Washington), and in the Columbia Basin area of Oregon» (counties of Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wasco), the open season for hunting season for scaup only is pre­ fairing ducks, coots, and gallinule is Oct. 9-Jan. 23. In the Columbia Basin area of Washington (all that portion of scribed according to the following table the State lying east of the summit of the Cascade Mountains), the open season for taking ducks, coots, and gallinule is Oct. 16-Jan. 23. In these areas, the daily bag lim it is 7 and the possession lim it is 14 ducks. T h e shooting hours in those, areas which are described, de­ are from one-half hour before sunrise until one-half hour after sunset. _ _ „ . lineated, and designated in the hunting 17 In the Washington counties of Adams, Franklin, Grant, Walla Walla, Lincoln, Douglas, Yakima, Benton, Klickitat, and Kittitas, and in the Oregon counties of Morrow, Wasco, Shuman, Gilliam, and Umatilla, the open regulations of the respective States. season for geese is Oct. 16-Jan. 23, and the bag limits are the same as in their respective States. Daily bag limit______5 Possession limit------.------10 (g) Point system— ducks, mergansers, 10 points 0 points Shooting hours: One-half hour before sunrise and coots. The States listed in this para­ until sunset. graph have selected the experimental A ll other sexes and species Coot.4 CHECK STATE REGULATIONS FOR ADDITIONAL point system bag limits on designated of dudes and mergansers.3 RESTRICTIONS Season in: species, on a statewide basis, in place of Connecticut______— Jan. 14-Jan. 29 the conventional bag limits. 8 In New Jersey, during any part of the regular se* Florida______Jan. 21-Jan. 31 duck open season (Sept. 25-Jan. 9) which falls outsid” (1) The point values for the species the point system season, the regular sea duck lim it of Massachusetts and sexes taken are as follows: 7 daily and 14 in possession w ill apply. (coastal zone only)______Jan. 3-Jan. 18 4 No point value but conventional bag limits of 15 Michigan______Nov. 20-Dec. 5 daily and 30 in possession apply. New York 100 points 90 points 20 points (Long Island area on ly) Jan. 8-Jan. 23 (2) The daily bag limit is reached Oklahoma______Nov. 26-Dec. 10 Canvasback Hen mallard. Drake mallard. when the point value of the last bird Rhode Island ______Jan. 8—Jan. 23 duck. Wood duck. Hen pintail. Redhead duck. Black duck. Ringneck duck. taken added to the sum of the point West Virginia______Nov. 5—Nov. 20 Hooded Green-winged merganser. teal.1 values of the other birds already taken 4. Section 10.54 is am ended to read as M ottled duck.7 M ottled duck.* during that day reaches or exceeds 100 follow s: N e w Mexican duck.* points. The possession limit is the maxi­ § 10.54 Seasons and limits on little mum number of birds of species and sex brown cranes and whistling swans. 1 Point value for Florida and N e w Jersey only. 2 Point value for Colorado, Montana, Nebraska, New which could have legally been taken in ( a ) Little brown cranes. S u bject to the Mexico, Oklahoma, South Dakota, Texas, and Wyoming only. 2 days. applicable provisions of the preceding

FEDERAL REGISTER. VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17569

sections of this part, open seasons are carry on his person while hunting, a Minidoka National Wildlife Refuge, Route prescribed for taking little brown cranes properly validated 1971-72 whistling 4, Rupert, ID 83350. with a daily bag limit of three and a swan permit. When a whistling swan has § 32.32 Special regulations; big game; possession limit of six, and with shooting been killed by a hunter and reduced to for individual wildlife refuge areas. possession, he must immediately attach hours from one-half hour before sunrise Big game animals may be hunted on and lock the metal seal and the proper until sunset, in the following areas for the following refuge areas: the dates indicated: portion of his numbered permit around (1) In the Central Fly way portion of the right wing of the swan close to its Camas National Wildlife Refuge, Hamer, Colorado, excluding the San Luis Valley, body. Idaho 83425. Special condition. Antelope only may be W. T. P écora, season dates are October 2-November 7, hunted. 1971. Acting Secretary, Deer Flat National Wildlife Refuge, Route (2) In the New Mexico counties of Department of the Interior. 1, Box 335, Nampa, ID 83651. Chaves, Curry, De Baca, Eddy, Lea, Quay, A u g u s t 27,1971. Special condition. Deer may be hunted on and Roosevelt, and in that portion of the the Snake River Island sector only. State of Texas lying west of a line run­ [FR Doc.71-12787 Filed 9-l-71;8:45 am] Grays Lake National Wildlife Refuge, Post ning south from the-Oklahoma border Office Box 837, Soda Springs, ID 83276. along U.S. Highway 287 to U.S. Highway SUBCHAPTER C— THE N A TIO N A L WILDLIFE Kootenai National Wildlife Refuge, Star 87 at Dumas, along U.S. Highway 87 to SYSTEM Route No. 1, Box 88, Bonners Ferry, ID 83805. U.S. Highway 277 at San Angelo, and PART 32— HUNTING The provisions of these special regula­ along U.S. Highway 277 to the Interna­ tions supplement the regulations which tional Toll Bridge in Del Rio, season Certain National Wildlife Refuges in govern hunting on wildlife refuge areas dates are October 30, 1971-January 30, Idaho generally and which are set forth in Title 1972. 50, Code of Federal Regulations, Part 32, The following regulations are issued and are effective through June 30, 1972. (3) In that portion of Oklahoma lying and are effective on date of publication west of U.S. Highway 81, and in that por­ in the F ederal R e g ister (9-2-71). These C l a y E. C r a w fo r d , tion of Texas lying east of a line running regulations apply to public hunting on Acting Regional Director, Bu­ south from the Oklahoma border along portions of certain national wildlife ref­ reau of Sport Fisheries and U.S. Highway 287 to U.S. Highway 87 at uges in Idaho. Wildlife. Dumas, then along U.S. Highway 87 to San Angelo, and lying west of a line General conditions. Hunting shall be in A u g u s t 26,1971. running north from San Angelo along accordance with applicable State regula­ [FR Doc.71-12877 Filed 9-1-71:8:49 am] U.S. Highway 277 to Abilene, along State tions. Portions of refuges which are open Highway 351 to Albany, along U.S. High­ to hunting are designated by signs and/ way 283 to Vernon, and then along U.S. or delineated on maps. Special conditions PART 32— HUNTING Highway 183 east to the Oklahoma bor­ applying to individual refuges are listed Certain National Wildlife Refuges in der, season dates are December 4, 1971- on the reverse side of the refuge hunting Montana January 30,1972. maps. No vehicle travel is permitted ex­ (4) In the North Dakota counties of cept on maintained roads and trails. The following • regulations are issued Kidder, Stutsman, McLean, Sheridan, Maps are available at refuge headquar­ and are effective on date of publication and Burleigh: and in that portion of the in the F ederal R eg ister (9-2-71). These State of South Dakota described as fol­ ters and from the office of the Regional regulations apply to public hunting on lows: from the North Dakota border, Director, Bureau of Sport Fisheries and portions of certain national wildlife ref­ south on U.S. Highway 83 to U.S. High­ Wildlife, 1500 Northeast Irving Street, uges in Montana. way 212, west on U.S. Highway 212 to the Portland, OR. General conditions. Hunting shall be Promise Road, north on the Promise in accordance with applicable State reg­ Road to State Highway 20, north on State § 32.12 Special regulations; migratory ulations. Portions of refuges which are game birds; for individual wildlife Highway 20 to U.S. Highway 12, north­ refuge areas. open to hunting are designated by signs west on U.S. Highway ,12 to State High­ and/or delineated on maps. No vehicle way 63, north on State Highway 63 to the Migratory game birds may be hunted travel is permitted except on maintained North Dakota border, season dates are on the following refuge areas: roads and trails. Special conditions ap­ November 13-December 12, 1971. Bear Lake National Wildlife Refuge, Post plying to individual refuges are listed on (b) Whistling swans. Subject to the Office Box 837, Soda Springs, ID 83276. the reverse side of maps available at applicable provisions of the preceding Camas National Wildlife Refuge, Hamer, refuge headquarters and from the office sections of this part, open seasons are ID 83425. of the Regional Director, Bureau of Sport prescribed for taking a limited number of Deer Flat National Wildlife Refuge, Route Fisheries and Wildlife, 1500 Northeast whistling swans in the States of Montana, „1, Box 335, Nampa, ID 83651. Irving Street, Portland, OR. Grays Lake National Wildlife Refuge, Post Nevada, and Utah, subject to the follow­ Office Box 837, Soda Springs, ID 83276. § 32.12 Special regulations; migratory ing conditions: Kootenai National Wildlife Refuge, Star game birds; for individual wildlife (1) The season must run concurrently Route No. I, Box 88, Bonners Ferry, ID 83805. refuge areas. with the season for ducks. Special condition. Hunting permitted only Migratory game birds may be hunted (2) In Montana, no more than 500 Wednesdays, Saturdays, and Sundays. Minidoka National Wildlife Refuge, Route on the following refuge areas: permits may be issued authorizing each 4, Rupert, ID 83350. permittee to take one whistling swan in Benton Lake National Wildlife Refuge, Post Office Box 2624, Great Falls, M T 59401. § 32.22 Special regulations; upland the County of Teton. Bowdoin National Wildlife Refuge, Post (3) In Nevada, no more than 500 per­ game; for individual wildlife refuge Office Box J, Malta, M T 59538. mits may be issued authorizing each per­ areas. Charles M. Russell National Wildlife Range, mittee to take one whistling swan in the Upland game birds may be hunted on Post Office Box 110, Lewiston, M T 59457. County of Churchill. Medicine Lake National Wildlife Refuge, the following refuge areas: Medicine Lake, Mont. 59247. (4) In Utah, no more than 2,500 per­ Camas National Wildlife Refuge, Hamer, Ravalli National Wildlife Refuge, Post Of­ mits may be issued authorizing each per­ Idaho 83425. fice Box 257, Stevensville, M T 59870. mittee to take one whistling swan, and Special condition. Pheasant and sage Special Conditions. 1. Boats are not per­ (5) Permit forms and correspondingly grouse only may be hunted. mitted. numbered metal locking seals furnished Deer Plat National Wildlife Refuge, Route 2. Hunters must “sign out” at check sta­ Dy the Bureau must be issued by the ap­ 1, Box 335, Nampa, ID 83651. tion. Kootenai National Wildlife Refuge, Star Red Rock Lakes National Wildlife Refuge, propriate Department of Game and Fish Route No. 1, Box 88, Bonners Ferry, ID 83805. Monida Star Route, , M T 59739. on an equitable basis without charge. Special condition. Pheasants may be hunt­ UL Bend National Wildlife Refuge, Post acn person must have been issued, and ed only Wednesdays, Saturdays, and Sundays. Office Box J, Malta, M T 59538.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17570 RULES AND REGULATIONS

§ 32.22 S p e c ia l regulations; upland Special condition. The use of motors on (a) The open season for hunting quail, game; for individual wildlife refuge boats is not permitted. rabbits, coyotes, gray fox, bobcats, and Ruby Lake National Wildlife Refuge, areas. skunks on the refuge extends from Oc­ Ruby Valley, Nev. 89833. tober 1 through November 30, 1971, Upland game birds may be hunted on Special condition. Waterfowl only may be inclusive. the following refuge areas: hunted. Stillwater Wildlife Management Area, Post The provisions of this special regula­ Charles M. Russell National Wildlife Range, Office Box 592, Fallon N V 89406. tion supplement the regulations which Post Office Box 110, Lewistown, M T 59457. Ravalli National Wildlife Refuge, Post Of­ § 32.22 Special regulations; upland govern hunting on wildlife refuge areas fice Box 257, Stevensville, M T 59870. game; for individual wildlife refuge generally which are set forth in Title 50, UL Bend National Wildlife Refuge, Post areas. Code of Federal Regulations, Part 32, Office Box J, Malta, M T 59538. and are affective through November 3o’ Bowdoin National Wildlife Refuge, Post Upland game may be hunted on the 1971. Office Box J, Malta, M T 59538. following refuge areas: R o bert W . T h o e s e n , Special condition. Pheasants only may be Fallon National Wildlife Refuge, Post hunted. Refuge Complex Supervisor, Office Box 592, Fallon, NV 89406. Kofa Game Range, Yuma, Ariz. § 32.32 Special regulations; big game; Pahranagat National Wildlife Refuge, Post for individual wildlife refuge areas. Office Box 440, Las Vegas, NV 89101. A u g u s t 16, 1971. Sheldon National Antelope Refuge, Nev. Big game animals may be hunted on (Headquarters: Post Office Box 111, Lake- [FR Doc.71-12867 Filed 9-1-71; 8:49 am] the following refuge areas: view, OR 97630). Stillwater Wildlife Management Area, Post Charles M. Russell National Wildlife Range, Office Box 592, Fallon, N V 89406. PART 32— HUNTING Post Office Box 110, Lewistown, M T 59457. Medicine Lake National Wildlife Refuge, §32.32 Special regulations; big game; Imperial National Wildlife Refuge, Medicine Lake, Montana 59247. for individual wildlife refuge areas. Ariz. and California Ravalli National Wildlife Refuge, Post Of­ fice Box 257, Stevensville, M T 59870. Big game animals may be hunted on The following special regulation is Red Rock Lakes National Wildlife Refuge, the following refuge areas: issued and is effective on date of publica­ Monida Star Route, Lima, MT 59739. Desert National Wildlife Range, 1500 tion in the F ederal R e g ister (9-2-71). UL Bend National Wildlife Refuge, Post North Decatur Boulevard, Las Vegas, NV §32.22 Special regulations; upland Office Box J, Malta, M T 59538. 89108. Special condition. Desert bighorn sheep game; for individual wildlife refuge The provisions of these special regula­ areas. tions supplement the regulations which only. Sheldon National Antelope Refuge, NV A r izo n a a n d C a l if o r n ia govern hunting on wildlife refuge areas (Headquarters: Post Office Box 111, Lake- IMPERIAL NATIONAL WILDLIFE REFUGE generally and which are set forth in Title view, OR 97630). 50, Code of Federal Regulations, Part 32, Public hunting o f quail, cottontail and and are effective through June 30, 1972. The provisions of these special regula­ tions supplement the regulations which jack rabbits on the Imperial National' C l a y E. C r a w fo r d , govern hunting on wildlife refuge areas Wildlife Refuge is permitted except in Acting Regional Director, Bu­ generally and which are set forth in Title the area designated by signs as closed reau of Sport Fisheries and 50, Code of Federal Regulations, Part to hunting. This open area, comprising Wildlife. 32, and are effective through June 30, 16,500 acres, is delineated on maps avail­ able at refuge headquarters, Yuma, Ariz., A u g u s t 26, 1971. 1972. C l a y E. C r a w fo r d , and from the Regional Director, Bureau [P R Doc.71-12878 Piled 9-l-71;8:50 am ] Acting Regional Director, Bu­ of Sport Fisheries and Wildlife, Post Of­ reau of Sport Fisheries ' and fice Box 1306, Albuquerque, NM 87103. Wildlife. Hunting seasons are as follows: “ PART 32— HUNTING Arizona—quail, cottontail, and jack rab­ Certain National Wildlife Refuges in A u g u s t 26,1971. bits, October 1,1971 through January 31, Nevada [FR Doc.71-12879 Filed 9-1-71:8:50 am] 1972, inclusive. California—quail, Octo­ ber 30, 1971 through January 30, 1972, The following regulations are issued inclusive. Cottontail and jack rabbits, and are effective on date of publication PART 32— HUNTING October 1,1971 through January 30,1972, in the F ederal R eg ist e r (9-2-71). These Kofa Game Range, Ariz. inclusive. regulations apply to public hunting on Hunting shall be in accordance with portions of certain national wildlife ref­ The following special regulation is is­ all applicable Federal and State regula­ uges in Nevada. sued and is effective on date of publica­ tions covering the hunting of quail and General conditions. Hunting shall be tion in the F ederal R eg ister (9-2-71). rabbits subject to the following special in accordance with applicable State regu­ § 32.22 Special regulations; upland conditions: lations. Portions of refuges which are game; for individual wildlife refuge (a) Quail and rabbits may be taken open to hunting are designated by signs areas. with shotguns only. Possession of .22 cal­ and/or delineated on maps. No vehicle A r izo n a iber rimfire firearms is prohibited. travel is permitted except on maintained KOFA GAME RANGE (b) A maximum of two (2) dogs per roads and trails. Special conditions ap­ hunter may be used while engaged in plying to individual refuges are listed on The public hunting of quail, rabbits, hunting so long as these animals are the reverse side of maps available at coyotes, gray fox, bobcat, and skunks on kept under strict control. refuge headquarters and from the office the Kofa Game Range is permitted ex­ The provisions of this special regula­ cept in those areas designated by signs of the Regional Director, Bureau of Sport tion supplement the regulations which as closed to hunting. The open area, Fisheries and Wildlife, 1500 Northeast govern hunting on wildlife refuge areas comprising 660,000 acres, is delineated on generally which are set forth in Title 50, Irving Street, Portland, OR. maps available at the refuge headquar­ § 32.12 Special regulations; migratory ters, Yuma, Ariz., and from the Regional Code of Federal Regulations, Part 32, and game birds; for individual wildlife Director, Bureau of Sport Fisheries and are effective through January 31,1972. refuge areas. Wildlife, Post Office Box 1306, Albuquer­ R o bert W. T h o esen, Migratory game birds may be hunted que, NM 87103. Hunting shall be in ac­ Refuge Complex Supervisor, Im­ on the following refuges: cordance with all applicable State perial National Wildlife Ref­ regulations governing the hunting of uge, Yuma, Ariz. Fallon National Wildlife Refuge, Poet Of­ quail, rabbits, coyotes, gray fox, bobcat, fice Box 592, Fallon, N V 89406. and skunks subject to the following A u g u s t 16, 1971. Pahranagat National Wildlife Refuge, [FRDoc.71-12866 Filed 9-l-71;8:49 am] Post Office Box 440, Las Vegas, N V 89101. special conditions:

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17571

PART 32— HUNTING bits on the refuge is from December 12, is permitted only on that area designated 1971 through January 31, 1972. by signs as open to hunting during the Mark Twain National Wildlife Refuge, (2) The open season for hunting quailperiod through Decem­ III. on the refuge is from December 12, 1971 ber 31, 1971. The open area, comprising The following special regulation is is­ through December 31, 1971. 4,720 acres during the period Septem­ sued and is effective on date of publica­ The provisions of this special regula­ ber 18 through November 21 and 26,101 tion supplement the regulations which tion in the F ederal R egister (9-2-71). acres during the period November 22 govern him ting on wildlife refuges, gen­ through December 31, 1971, is delineated §32.22 Special regulations; upland erally, which are set forth in Title 50, on maps available at the refuge head­ game; for individual wildlife refuge Code of Federal Regulations, Part 32, quarters, Lostwood, N. Dak., and from areas. and are effective through January 31, the Regional Director, Bureau of Sport I l l in o is 1972. Fisheries and Wildlife, Federal Building, mark t w a in n a t io n a l w il d l if e refug e J a m e s F. G il l e t t , Fort Snelling, Twin Cities, Minn. 55111. Refuge Manager, Mark Twain Hunting shall be in accordance with all Public hunting of rabbits and quail on National Wildlife Refuge, applicable State regulations and the fol­ the Mark Twain National Wildlife R ef­ Quincy, III. lowing special condition: uge, HI., is permitted only on the area 1. Vehicle travel is restricted to public of the Batchtown Division designed by J u l y 8,1971. highways and the refuge entrance road signs as open to hunting.’ This open area, [FR Doc.71-12863 Filed 9-l-71;8:48 am] comprising 2,250 acres, is delineated on from State Highway No. 8 to refuge head­ a map available at the refuge headquar­ quarters. All other refuge roads and trails are closed to vehicles. ters and from the Regional Director, Bu­ PART 32— HUNTING The provisions of this special regula­ reau of Sport Fisheries and Wildlife, Mark Twain National Wildlife Refuge, Federal Building, Fort Snelling, Twin tion supplement the regulations which Cities, Minn. 55111. Hunting shall be in III. govern hunting on wildlife refuge areas accordance with all applicable State The following special regulation is is­ generally, which are set forth in Title 50, regulations concerning the hunting of sued and is effective on date of publica­ Code of Federal Regulations, Part 32, and are effective through January 1, 1972. rabbits and quail and subject to the fol­ tion in the F ederal R eg ister (9 -2 -7 1 ). lowing conditions: § 32.22 Special regulations; upland R a l p h W . W e ie r , (1) The open season for hunting rab­ game; for individual wildlife refuge Refuge Manager, Lostwood Na­ bits on the refuge is from December 12, areas. tional Wildlife Refuge, Lost- 1971 through January 31, 1972. I l l in o is wood, N. Dak. (2) The open season for hunting quail MARK TWAIN NATIONAL WILDLIFE REFUGE A u g u s t 27, 1971. on the refuge is from December 12, 1971 Public hunting of raccoons on the [FR Doc.71-12893 Filed 9-l-71;8:51 am] through December 31,1971. Mark Twain National Wildlife Refuge, The provisions of this special regula­ 111. is permitted only on the area desig­ tion supplement the regulations which nated by signs as open to hunting. This PART 32— HUNTING govern hunting on wildlife refuges gen­ open area, comprising 7,299 acres, is de­ Arrowwood National Wildlife Refuge, erally, which are set forth in Title 50, lineated on maps available at the refuge N. Dak. Code of Federal Regulations, Part 32, and headquarters and from the Regional Di­ are effective through January 31, 1972. rector, Bureau of Sport Fisheries and Correction J a m e s F . G il l e t t , Wildlife, Federal Building, Fort Snelling, In F.R. Voi. 36, No. 151—Thursday, Refuge Manager, Mark Twain Twin Cities, Minn. 55111. Hunting shall , 1971, pages 14386 and 14387, National Wildlife Refuge, be in accordance with all applicable F.R. Doc. 71-11185 filed , 1971; Quincy, IU. State regulations concerning the hunting 8:46 a.m. Subparagraph (2) under spe­ of raccoons and subject to the following Ju l y 8,1971. cial conditions should read as follows: conditions: (2) The open season for hunting deer [FR Doc.71-12861 Filed 9-1-71;8:48 am] (1) The open season for hunting rac­ on the refuge is from 12 noon to sunset coons on the Batchtown and Calhoun on , 1971, through sunset Sep­ PART 32— HUNTING Divisions is from December 12, 1971 tember 30,1971, and from sunrise to sun­ through January 31, 1971 (12:00 noon), set December 3, 1971, through December Mark Twain National Wildlife Refuge, inclusive. 31, 1971. III. The provisions of this special regula­ A r n o ld D . K r u s e , tion supplement the regulations which Refuge Manager, Arrowwood The following special regulation is govern hunting on wildlife refuges gen­ National Wildlife Refuge, issued and is effective on date of publi­ erally, which are set forth in Title 50, Edmunds, N. Dak. cation in the F ederal R eg ister (9-2-71). Code of Federal Regulations, Part 32, A u g u s t 25, 1971. §32.22 Special regulations; upland and are effective through January 31, game; for individual wildlife refuge 1972. [FR Doc.71-12859 Filed 9-l-71;8:48 am] areas. J a m e s F . G il l e t t , I l l in o is Refuge Manager, Mark Twain PART 32— HUNTING National Wildlife Refuge, mark t w a in n a t io n a l w il d l if e r efuge Quincy, III. Kofa Game Range, Arir. Public hunting of rabbits and quail on J u l y 8, 1971. the Mark Twain National Wildlife Ref* The following special regulation is issued and is effective on date of publi­ I^ ^ itte d only on the area of [FRDoc.71-12864 Filed 9-l-71;8:48 am] the Calhoun Division designated by signs cation in the F ederal R eg ister (9-2-71). as open to hunting. This open area, com­ PART 32— HUNTING § 32.32 Special regulations; big game; prising 4,500 acres lying west of the Uli- for individual wildlife refuge areas.. Lostwood National Wildlife Refuge, ™yer is delineated on a map avail­ A r izo n a able at the refuge headquarters and from N. Dak. KOFA GAME RANGE the Regional Director, Bureau of Sport § 32.22 Special regulations; upland Fisheries and Wildlife, Federal Building, game; for individual wildlife refuge Public hunting of bighorn sheep and yort Snelling, Twin Cities, Minn. 55111. areas. deer on the Kofa Game Range is per­ hunting shall be in accordance with all N o r t h D ak o ta mitted except in those areas designated by signs as closed to hunting. The big­ applicable State regulations concerning LOSTWOOD NATIONAL WILDLIFE REFUGE the hunting of rabbits and quail and sub­ horn sheep season extends from Decem­ ject to the following conditions: Public hunting of sharp-tailed grouse ber 4 through December 19, 1971, inclu­ and Hungarian partridge on the Lost- sive. The deer season extends from Sep­ (1) The open season for hunting rab­ wood National Wildlife Refuge, N. Dak., tember 3 through , 1971,

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17572 RULES AND REGULATIONS inclusive, and from October 29 through fowl on the Imperial National Wildlife §32.32 Special regulations; big game; November 14, 1971, inclusive. The open Refuge, possession of any firearm other for individual refuge areas. bighorn sheep and deer hunting area, than a legal deer hunting firearm as de­ N o r t h D ak o ta fined by State hunting regulations is comprising 660,000 acres, is delineated UPPER SOURIS NATIONAL WILDLIFE REFUGE on maps available at refuge head­ prohibited. quarters, Yuma, Ariz., and from the Re­ The provisions of this special regula­ Public hunting of deer on the Upper gional Director, Bureau of Sport Fish­ tion supplement the regulations which Souris National Wildlife Refuge, N. Dak., eries and Wildlife, Post Office Box 1306, govern hunting on wildlife refuge areas is permitted on all areas except those Albuquerque, NM 87103. generally which are set forth in Title 50, designated as closed. The open areas, Hunting shall be in accordance with Code of Federal Regulations, Part 32, comprising 31,800 acres are delineated on all applicable State regulations covering and are effective through December 19, maps available at refuge headquarters, the hunting of bighorn sheep and 1971. Foxholm, N. Dak., and from the office of deer subject to the following special R o bert W. T h o e s e n , the Regional Director, Bureau of Sport conditions: Refuge Complex Supervisor, Fisheries and Wildlife, Federal Building, (a) Bighorn sheep limited to ten (10) Imperial National Wildlife Fort Snelling, Twin Cities, Minn. 55111. permits issued by the Arizona Game and Refuge, Yuma, Ariz. Hunting shall be in accordance with all applicable State regulations covering the Fish Department. A u g u s t 16,1971. (b) Bighorn sheep hunters may hunt hunting of deer subject to the following only in those areas designated on their [FR Doc.71-12865 Filed 9-l-71;8:48 am] conditions: permits. (1) The open season for hunting deer The provisions of this special regu­ on the refuge is from noon November 12 lation supplement the regulations which PART 32— HUNTING to sunset November 21, 1971, c.s.t. govern him ting on wildlife refuge areas Lostwood National Wildlife Refuge, (2) The refuge shall be closed to all generally which are set forth in Title N. Dak. vehicular travel except for the main 50, Code of Federal Regulations, Part public roads. 32, and are effective through Decem­ § 32.32 Special regulations; big game; (3) The general deer license permits ber 19, 1971. - for individual wildlife refuge areas. the taking of white-tailed deer with R obert W. T h o e s e n , N o r t h D ak o ta forked antlers on at least one side. Refuge Complex Supervisor, LOSTWOOD NATIONAL WILDLIFE REFUGE Hunters with Special Unit H I-A licenses may take white-tailed deer of any age or Kofa Game Range, Yuma, Public hunting of deer on the Lostwood Ariz. sex or any mule deer with forked antlers National Wildlife Refuge, N. Dak., is per­ on at least one side. The provisions of this A u g u s t 16, 1971. mitted only on the area designated by special regulation supplement the reg­ [FR Doc.71-12862 Filed 9-l-71;8:48 am ] signs as open to hunting during the pe­ ulations which govern hunting on wild­ riod November 12 through 21, 1971. This life refuge areas generally, which are open area, comprising 25,300 acres, is set forth in Title 50, Code of Federal PART 32— HUNTING delineated on a map available at the ref­ Regulations, Part 32, and are effective uge headquarters, Lostwood, N. Dak., through November 21, 1971. Imperial National Wildlife Refuge, and from the Regional Director, Bureau Ariz. and Calif. of Sport Fisheries and Wildlife, Federal D o n R . P e r k u c h in , Building, Fort Snelling, Twin Cities, Refuge Manager, Upper Souris The following special regulation is is­ Minn. 55111. Hunting shall be in accord­ National Wildlife Refuge, sued and is effective on date of publica­ ance with all applicable State regulations Foxholm, N, Dak. tion in Jhe F ederal R eg ister (9-2-71). and the following special conditions: A u g u s t 27, 1971. § 32.32 Special regulations; big game; 1. Vehicle travel is restricted to public [FR Doc.71-12895 Filed 9-l-71;8:51 am] for individual wildlife refuge areas. highways and the refuge entrance road A r izo n a a n d C a l if o r n ia from State Highway No. 8 to refuge head­ IMPERIAL NATIONAL WILDLIFE REFUGE quarters. All other roads and trails are PART 32— HUNTING closed to vehicles. Public hunting of deer and bighorn PART 33— SPORT FISHING sheep on the Imperial National Wildlife 2. A 1-square-mile area around the Refuge, Ariz. and Calif., is permitted ex­ headquarters complex will be closed to Upper Mississippi River Wild Life and cept in the area designated by signs as hunting and marked by “ dosed Area” Fish Refuge, Illinois, and Certain signs. closed to hunting. This open area, com­ Other States prising 16,500 acres, is delineated on The provisions of this special regula­ maps available at the refuge headquar­ tion supplement the regulations which The following special regulations are ters, Yuma, Ariz., and from the Regional govern hunting on wildlife refuges gen­ issued and are effective on date of Director, Bureau of Sport Fisheries and erally, which are set forth in Title 50, publication in the F ederal R egister Wildlife, Post Office Box 1306, Albuquer­ Code of Federal Regulations, Part 32, (9-2-71). que, NM 87103. Hunting seasons are as and are effective through January 1, § 32.12 Special regulations; migratory follows: Arizona—deer, September 3 1972. game birds; for individual wildlife through September 19, 1971, inclusive, R a l p h W . W eie r , refuge areas. and October 29 through November 14, Refuge Manager, Lostwood Na­ 1971, inclusive; bighorn sheep, Decem­ tional Wildlife Refuge, Lost- I l l in o is , I o w a , M in n e s o t a , and ber 4 through December 19, 1971, in­ wood, N. Dak. W is c o n s in clusive. California—deer, A u g u s t 27,1971. UPPER MISSISSIPPI RIVER WILD LIFE AND through November 14, 1971, inclusive; FISH REFUGE bighorn sheep, no open season in Cali­ [FR Doc.71-12894 Filed 9-1-71; 8:51 am] The public hunting of migratory game fornia. birds on the Upper Mississippi River Hunting shall be in accordance with PART 32— HUNTING Wild Life and Fish Refuge, Illinois, Iowa, all applicable Federal and State regula­ Upper Souris National Wildlife Minnesota, and Wisconsin, is permitted tions covering the hunting of deer and on the areas designated by signs as bighorn sheep subject to the following Refuge, N. Dak. “ open” to hunting. Hunting of migra­ special conditions: The following special regulation is is­ tory game birds is NOT permitted on the (a) Except as provided under the spe­ sued and is effective on date of publica­ areas designated by signs as “closed to cial regulations covering the hunting of hunting. The “open” areas comprising small game, doves, and migratory water- tion in the F ederal R eg ister (9-2-71).

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17573

153.000 acres are delineated on maps (4) Except with permission in writingclams on the Upper Mississippi River available at the refuge headquarters, obtained from the Refuge Manager, the Wild Life and Fish Refuge, Illinois, Iowa, W inona, Minn. 55987, and from the Re­ discharge of guns of all types is pro­ Minnesota, and Wisconsin, is permitted gional Director, Bureau of Sport Fisheries hibited on all lands and waters of the on all water areas of the refuge. The and Wildlife, Federal Building, Fort Upper Mississippi River Wild Life and refuge water areas comprising 125,000 Snelling, Twin Cities, Minn. 55111. Fish Refuge during the period from acres are delineated on maps available Hunting shall be subject to the fol­ March 1 until the first day of the earliest at the refuge headquarters, Winona, lowing special conditions: Fall State game bird or game animal Minn. 55987, and from the office of the (1) Hunting of migratory game birds season applicable to the geographic area Regional Director, Bureau of Sport Fish­ on designated “ open” areas concurrent concerned. eries and Wildlife, Federal Building, Fort with applicable State and Federal seasons The provisions of this special regula­ Snelling, Twin Cities, Minn. 55111. All is permitted. tion supplement the regulations which fishing is subject to the following condi­ (2) The hunting of migratory game govern hunting on wildlife refuge areas tions: birds shall be in accordance with all generally which are set forth in Title 50, (1) Unless further restrictions are im­ applicable State regulations which are Code of Federal Regulations, Part 32, posed by this regulation, all fish, frogs, adopted herein and made a part of this and are effective until June 30, 1972. turtles, crayfish, and clams shall be regulation. § 32.32 Special regulations; big game; taken in accordance with all applicable The provisions of this special regula­ for individual wildlife refuge areas. State regulations and seasons which are tion supplement the regulation's which adopted herein and made a part hereof. govern hunting on wildlife refuge areas I l l in o is , I o w a , M in n e s o t a , and W is c o n s in (2) All sport and commercial fishing generally which are set forth in Title 50, and all travel by boat or any other means Code of Federal Regulations, Part 32, and UPPER MISSISSIPPI RIVER WILD LIFE AND across, through, or on the Spring Lake are effective until June 30, 1972. FISH REFUGE Closed Area of the Upper Mississippi §32.22 Special regulations; upland The public hunting of deer on the River Wild Life and Fish Refuge in Car- * game; for individual wildlife refuge Upper Mississippi River Wild Life and roll County, HI., is prohibited from areas. Fish Refuge, Illinois, Iowa, Minnesota, October 1 through December 20. and Wisconsin, is permitted on the areas (3) All persons, including their helpers, I l l in o is , I o w a , M in n e s o t a , and designated by signs as “ open” to hunting. W is c o n s in exercising the privilege of commercial Restricted hunting of deer is also per­ fishing on the Spring Lake Closed Area UPPER MISSISSIPPI RIVER WILD LIFE AND mitted on the areas designated by signs must possess a valid commercial fishing FISH REFUGE as “closed” to hunting. The “open” areas permit issued by the Refuge Manager comprising 153,000 acres, and the The public hunting of upland game authorizing such commercial fishing, and “ closed” areas comprising 41,000 acres must comply with all conditions as pre­ birds, upland game animals, and rac­ are delineated on maps available at the coon, groundhogs, foxes, and crows on scribed by the Refuge Manager which refuge headquarters, Winona, Minn. are set forth in the permit. the Upper Mississippi River Wild Life 55987, and from the Regional Director, and Fish Refuge, Illinois, Iowa, Minne­ The provisions of this special regula­ Bureau of Sport Fisheries and Wildlife, tion supplement the regulations which sota, and Wisconsin, is permitted on the Federal Building, Fort Snelling, Twin areas designated by signs as “ open” to Cities, Minn. 55111. govern fishing on wildlife refuge areas generally which are set forth in Title 50, hunting. Restricted hunting of these spe­ Hunting shall be subject to the follow­ cies is also permitted on the areas desig­ ing conditions: Code of Federal Regulations, Part 33 and are effective until June 30, 1972. nated by signs as “ closed” to hunting. ( 1) Bow and gun deer hunting on des­ The “open” areas comprising 153,000 ignated “ open” areas is permitted con­ T ravis S. R oberts, acres, and the “ closed” areas comprising current with applicable State seasons. Regional Director. 41.000 acres are delineated on maps (2) Bow and gun deer hunting on des­ A u g u s t 24, 1971. available at the refuge headquarters, ignated “ closed” areas concurrent with [FR Doc.71-12874 Filed 9-l-71;8:49 am] Winona, Minn. 55987, and from the Re­ applicable State seasons is permitted, but gional Director, Bureau of Sport Fish­ only during the period from the first day eries and Wildlife, Federal Building, Fort after the close of the last hunting season Snelling, Twin Cities, Minn. 55111. for bucks, applicable to the geographic Title 10— ATOMIC ENERGY Hunting shall be subject to the follow­ area concerned, until the end of the ap­ ing special conditions: plicable State seasons, or until the next Chapter I— Atomic Energy (1) Hunting on designated “ open” succeeding March 1, whichever occurs Commission areas concurrent with applicable State first. seasons is permitted, but only during the PART 70— SPECIAL NUCLEAR (3) The hunting of white-tailed deer MATERIAL period from the first day of the earliest shall be in accordance with all applicable Fall State game bird or game animal State regulations which are adopted Plutonium Processing and Fuel season applicable to the geographic area herein and made a part of this regula­ Fabrication Plants concerned, until the end of the applicable tion. State seasons, or until the next succeed­ On May 28, 1971, the Atomic Energy The provisions of this special/regula­ ing March 1, whichever occurs first. Commission published in the F ederal tion supplement the regulations which (2) Hunting on designated “ closed” R eg ist e r (36 F.R. 9786) proposed amend­ govern hunting on wildlife refuge areas areas concurrent with applicable State ments of its regulations in 10 CFR Part generally which are set forth in Title 50, seasons is permitted, but only during the 70, “Special Nuclear Material,” which period from the first day after the close Code of Federal Regulations, Part 32, and are effective until June 30, 1972. would provide for Commission review, of the last hunting season for ducks ap­ prior to construction of the site and de­ plicable to the geographic area con­ §33.5 Special regulations; sport fish­ sign bases for plutonium processing and cerned, until the end of the applicable • ing; for individual wildlife refuge fuel fabrication plants for which a license State seasons, or until the next succeed­ areas. is sought. ing March 1, whichever occurs first. I l l in o is , I o w a , M in n e s o t a , an d All interested persons were invited to (3) The hunting of upland game birds, W is c o n s in submit written comments and sugges­ upland game animals, and raccoon, tions for consideration in connection groundhogs, fox, and crows shall be in UPPER MISSISSIPPI RIVER WILD LIFE AND FISH REFUGE with the proposed amendments within accordance with all applicable State 60 days after publication of the notice regulations which are adopted herein and Sport fishing, commercial fishing, and made a part of this regulation. of proposed rule making in the F ederal the taking of frogs, turtles, crayfish, and R e g ist e r . Upon consideration of the

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2. 1971 17574 RULES AND REGULATIONS comments received and other factors in­ and their capability for coping with in- 4. Section 70.23 is amended by desig­ volved, the Commission has adopted the plant accidents. nating the introductory language as par­ amendments set out below. These amend­ The Commission has found that, be­ agraph (a) ; paragraph (a) through (e) ments are identical to those published for cause of the importance of the amend­ are redesignated as subparagraphs (1) comment except for minor changes re­ ments in regard to the public health and through (5 ); paragraphs (g) and (h) flecting amendments to Part 70 which safety, good cause exists for making the are redesignated as subparagraphs (6) and (7) ; a new paragraph (a) (8) is were published in the F ederal R egister amendments effective without the cus­ subsequent to May 28, 1971. tomary 30-day notice. Accordingly, pur­ added; and a new paragraph (b) is added to read as follows: The requirements of the amendments suant to the Atomic Energy Act of 1954, will apply to plants for the manufacture as amended, and sections 552 and 553 of § 70.23 Requirements for the approval of plutonium reactor fuel and plants for title 5 of the United States Code, the fol­ o f applications. the conduct of plutonium fuel research lowing amendments to Title 10, Chapter (а) An application for a license, other and development activities. These plants I, Code of Federal Regulations, Part 70, than a license for export, will be ap­ typically process kilogram quantities of are published as a document subject to proved if the Commission determines plutonium. codification to be effective upon publi­ that: Under the amendments, an application cation in the F ederal R eg ister (9-2-71). (1) The special nuclear material is to for a license to possess and use special 1. A new paragraph (r) is added to be used for the conduct of research or nuclear material in a plutonium process­ § 70.4 to read as follows: development activities of a type specified ing and fuel fabrication plant must be § 70.4 Definitions. in section 31 of the Act,2 in activities li­ filed at least 6 months before the begin­ * ' * * * * censed by the Commission under section ning of plant construction. Such an ap­ 103 or 104 of the Act, or for such other plication is required to contain, in addi­ (r) “Plutonium processing and fuel uses as the Commission determines to tion to other required information, a fabrication plant’’ means a plant in be appropriate to carry out the purposes description of the plantsite, a descrip­ which the following operations or activi­ of the Act; tion and safety assessment of the design ties are conducted: (1) Operations for (2) The applicant is qualified by rea­ bases of the principal plant structures, manufacture of reactor fuel containing son of training and experience to use the systems and components, and a descrip­ plutonium including any of the follow­ material for the purpose requested in ing: (i) Preparation of fuel material; tion of the quality assurance program accordance with the regulations in this to be applied to the design, fabrication, (Ü) formation of fuel material into de­ chapter; construction, testing and operation of sired shapes; (iii) application of protec­ (3) The applicant’s proposed equip­ structures, systems and components of tive cladding; (iv) recovery of scrap ma­ ment and facilities are adequate to pro­ terial; and (v) storage associated with the plant. Applicants for such licenses tect health and minimize danger to life such operations; or (2) research and de­ should select sites which are at reason­ or property; velopment activities involving any of the able distances from densely populated operations described in subparagraph (4) The applicant’s proposed proce­ areas. (1) of this paragraph, except for research dures to protect health and to minimize The purpose of the Commission’s pre­ and development activities utilizing un­ danger to life or property are adequate; construction review will be to determine substantial amounts of plutonium. (5) Where the nature of the proposed whether the applicant’s design bases for activities is such as to require considera­ the principal structures, systems and 2. A new paragraph (g) is added to tion by the Commission, that the appli­ components, and its quality assurance § 70.21 to read as follows: cant appears to be financially qualified program provide reasonable assurance of § 70.21 Filing. to engage in the proposed activities in ac­ protection against natural phenomena * * * * * cordance with the regulations in this and the consequences of potential acci­ part; dents. The Commission will approve con­ (g) An application for a license to (б) Where the applicant is required struction of the principal structures, sys­ possess and use special nuclear material to submit a summary description of the tems and components of a plutonium in a plutonium processing and fuel fab­ fundamental material controls provided processing and fuel fabrication plant rication plant shall be filed at least six in his procedures for the control of and when it has made a favorable safety de­ (6) months prior to beginning construc­ accounting for special nuclear material termination. Failure to obtain Commis­ tion of the plant. The application shall pursuant to § 70.22(b) (2), the appli­ sion approval prior to beginning of con­ be filed as specified in paragraph (à) of cant’s proposed controls are adequate; this section, except that 25 copies of the struction may be grounds for denial of a (7) The applicant has satisfied any application shall be submitted. license to possess and use special nuclear applicable requirements contained in material in a plutonium processing and 3. A new paragraph (f) is added to appendix D of Part 50 of this chapter; fuel fabrication plant. § 70.22 to read as follows: and The Commission is developing appro­ § 70.22 Contents o f applications. (8) Where the proposed activity is the priate siting and general design criteria ***** operation of a plutonium processing and for plutonium processing and fabrication fuel fabrication plant, construction of plants which will include consideration (f) Each application for a license to of protection against adverse natural possess and use special nuclear material phenomena as well as inplant accidents. in a plutonium processing and fuel fab­ a The types of research and development In the interim, the siting principles of rication plant shall contain, in addition activities specified in section 31 are those re­ 10 CFR Part 100, the General Design to the other information required by this lating to: section, a description of the plantsite, a (1) Nuclear processes; Criteria for nuclear power reactors in (2) The theory and production of atomic 10 CFR Part 50 and the criteria used by description and safety assessment of the energy, including processes, materials, and tiie Commission to evaluate the adequacy design bases of the principal structure, devices related to such production; of the design of irradiated fuel reprocess­ systems, and components of the plant, (3) Utilization of special nuclear material ing plants will be used to the extent per­ including provisions "for protection and radioactive material for medical, biologi­ against natural phenomena, and a de­ cal, agricultural, health or military purposes; tinent. The criteria set forth in appendix (4) Utilization of special nuclear material, B of 10 CFR Part 50, “ Quality Assurance scription of the quality assurance pro­ gram to be applied to the design, fab­ atomic energy, and radioactive material and Criteria for Nuclear Powerplants,” will processes entailed in the utilization or pro­ be used in determining the adequacy of rication, construction, testing and oper­ duction of atomic energy or such material for the quality assurance programs. ation of the structures, systems, and all other purposes, including industrial use, Existing licensed plutonium processing components of the plant.1 the generation of usable energy, and the demonstration of the practical value of utili­ and fabrication plants will be examined zation or production facilities for industrial with the objective of improving to the i The description oi the quality assurance or commercial purposes; and extent practicable their ability to with­ program should include a discussion of how (5) The protection of health and the pro­ stand adverse natural phenomena with­ the criteria in Appendix B of Part 50 of this motion of safety during research and produc­ out loss of capability to protect the public chapter will be met. tion activities.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17575

the principal structures, systems, and (Sec. 307(a), Federal Aviation Act of 1958, per annum from the Superintendent of components approved pursuant to para­ as amended, 49 U.S.C. 1348(a); sec. 6 (c ), Documents, U.S. Government Printing graph (b) of this section has been com­ Department of Transportation Act, 49 U.S.C. Office, Washington, D.C. 20402. 1655(c)) pleted in accordance with the applica­ Since a situation exists that requires tion. Issued in Aurora, Colo., on , immediate adoption of this amendment, (b) The Commission will approve con­1971. I find that further notice and public pro­ struction of the principal structures, C. D. R ea, cedure hereon is impracticable and good systems, and components of a plutonium Acting Director, cause exists for making it effective in less processing and fuel fabrication plant on Rocky Mountain Region. than 30 days. the basis of information filed pursuant In § 71.181 (36 F.R. 2140) the descrip­ In consideration of the foregoing, Part to § 70.22(f) when the Commission has tion of the Kalispell, Mont., transition 97 of the Federal Aviation Regulations is determined that the design bases of the area is amended to read as follows:, amended as follows, effective on the dates principal structures, systems, and com­ specified: K alispell, M o n t . ponents, and the quality- assurance pro­ 1. Section 97.23 is amended by estab­ gram provide reasonable assurance of That airspace extending upward from 700 lishing, revising, or canceling the follow­ protection against natural phenomena feet above the surface within 2.5 miles each ing VOR-VOR/DME SIAPs, effective side of the Kalispell VOR 334® radial, ex­ September 30,1971: and the consequences of potential acci­ tending from an arc of a 5-mile-radius circle dents.3 Failure to obtain Commission centered on Glacier Park International Air­ Bluefield, W. Va.— Mercer County Airport; approval prior to beginning of such con­ port (latitude 43 ° 18'49" N „ longitude 114®- VOR Runway 22, Amdt. 4; Revised. struction may be grounds for denial of a 15'16" W.) to the VOR; that airspace ex­ Mansfield, Mass.— Mansfield Municipal Air­ license to possess and use special nuclear tending upward from 1,200 feet above the port; VOR-A, Arndt. 7; Revised. material in a plutonium processing and surface within 9.5 miles west and 5 miles east Morgantown, W. Va.— Morgantown Municipal fuel fabrication plant. of the Kalispell VOR 166® radial, extending Airport; VOR-A, Amdt. 5; Revised. from the VOR to 18.5 miles south of the VOR Nashville, Tenn.— Nashville Metropolitan Air­ (Secs. 53, 161, 182, 68 Stat. 930, 948, 953, as and within 5 miles east and 8 miles west of port; VOR Runway 31, Amdt. 30; Revised. amended; 42 U.S.C. 2073, 2201, 2232) the Kalispell VOR 346® radial, extending Olive Branch, Miss.— Municipal Airport; from the VOR to 7 miles-north of the VOR. VO R-A, Original; Canceled. Dated at Germantown, Md., this 20th Raleigh, N.C.—Raleigh Municipal Airport; [FR Doc.71-12870 Filed 9-l-71;8:49 am] day of . VOR Runway 14, Original; Established. For the Atomic Energy Commission. Tuscaloosa, Ala.— Van DeGraaff Airport; VOR [Docket No. 11356; Arndt. No. 772] Runway 22, Amdt. 2; Revised. W . B. M cC o o l , Indianola, Miss.— Indianola-Legion Airport; Secretary of the Commission. PART 97— STANDARD INSTRUMENT VOR/DME-A, Amdt. 1; Revised. [FR Doc.71-12837 Filed 9-1-71;8:46 am] APPROACH PROCEDURES 2. Section 97.27 is amended by estab­ lishing, revising, or canceling the follow­ Miscellaneous Amendments ing NDB/ADF SIAPs, effective Septem­ This amendment to Part 97 of the Fed­ ber 30, 1971: Title 14— AERONAUTICS AND eral Aviation Regulations incorporates North Bend, Oreg.—North Bend Municipal by reference therein changes and addi­ Airport; NDB Runway 13, Amdt. 4; Revised. SPACE tions to the Standard Instrument Ap­ St. Petersburg-Clearwater, Fla.— St. Peters- proach Procedures (SIAPs) that were burg-Clearwater International Airport; Chapter I— Federal Aviation Adminis­ recently adopted by the Administrator NDB Runway 17, Amdt. 14; Revised. tration, Department of Transportation to promote safety at the airports Sanford, Fla.— Sanford Airport; NDB Run­ concerned. way 9, Admt. 1; Revised. [Airspace Docket No. 71-RM-10] Stow, Mass.—Minute Man Field; NDB-A, The complete SIAPs for the changes Amdt. 1; Revised. PART 71— DESIGNATION OF FEDERAL and additions covered by this amendment AIRWAYS, AREA LOW ROUTES, are described in FAA Forms 3139, 8260-3, 3. Section 97.29 is amended by estab­ CONTROLLED AIRSPACE, AND RE­ 8260-4, or 8260-5 and made a part of the lishing, revising, or canceling the follow­ PORTING POINTS public rule making dockets of the FAA in ing ILS SIAPs, effective September 30, accordance with the procedures set forth 1971: Alteration of Transition Area in Amendment No. 97-696 (35 F.R. 5609>. St. Petersburg-Clearwater, Fla.— St. Peters­ SIAPs are available for examination burg-Clearwater International Airport; ILS On July 15, 1971 a notice of proposed Runway 17, Amdt, 12; Revised. rule making was published in the F ederal at the Rules Docket and at the National R egister (36 F.R. 13156) stating that the Flight Data Center, Federal Aviation Ad­ 4. Section 97.31 is amended by estab­ Federal Aviation Administration was ministration, 800 Independence Avenue lishing, revising, or canceling the follow­ considering an amendment to Part 71 SW., Washington, DC 20590. Copies of ing Radar SIAPs, effective September 30, of the Federal Aviation Regulations that SIAPs adopted in a particular region are 1971: would alter the description of the Kali- also available for examination at the Middletown, Pa.— Olmstead State Airport; spell, Montana transition area. headquarters of that region. Individual Radar-1, Amdt. 2; Revised. Interested persons were given 30 days copies of SIAPs may be purchased from (Secs. 307, 313, 601,1110, Federal Aviation Act in which to submit written comments the FAA Public Document Inspection of 1958; 49 U.S.C. 1438, 1354, 1421, 1510, sec. suggestions or objections. No objections 6(c) Department of Transportation Act, 49 nave been received and the proposed Facility, HQ-405, 800 Independence U.S.C. 1655(c) and 5 U.S.C. 552(a) (1 )) amendment is hereby adopted without Avenue SW., Washington, DC 20590, or change. Issued in Washington, D.C., on Au­ from the applicable FAA regional office gust 26, 1971. in accordance with the fee schedule pre­ Effective date. This amendment shall J a m es F. R u d o l p h , be effective 0901 g.m.t., November 11, scribed in 49 CFR 7.85. This fee is pay­ Director, 1971. able in advance and may be paid by Flight Standards Service.

check, draft, or postal money order pay­ N o te : Incorporation by reference pro­ able to the Treasurer of the United visions in §§97.10 and 97.20 (35 F.R. +, , Th® criteria in appendix B of Part 50 of mis chapter will be used by the Commission States. A weekly transmittal of all SIAP 5610), approved by the Director of the ^determining the adequacy of the quality changes and additions may be obtained Federal Register on May 12,1969. assurance program. by subscription at an annual rate of $125 [FR Doc.71-12760 Filed 9-1-71; 8:45 am ]

No. I7t FEDERAL REGISTER, V O L 36, N O . 171— THURSDAY, SEPTEMBER 1, 1971 17576 RULES AND REGULATIONS

peal, in triplicate, for completion and signa­ § 5A—76.112 Format for Preliminary Title 1 8 — CONSERVATION OF ture. AH the items of information requested Notice o f Default Under Subpara­ must be supplied. If sufficient space is not graph (a) (i) of the Default Clause available on this form for each item, please (1—8.707) (Termination in Whole).’ POWER AND WATER RESOURCES attach a supplemental sheet or sheets. Also attached is an additional copy of the form § 5A—76.113 Format for Preliminary Chapter I— Federal Power which should be completed and retained for Notice o f Default Under Subpara­ Commission your files. The Notice of Appeal is to be graph (a ) ( i ) o f the Default Clause signed by the appellant personally, if an in­ (1—8.707) (Partial Termination). [Dockets Nos. R—389, R389A; Order 435] dividual, or, if not, by an authorized officer or duly authorized representative of the ap­ § 5Á—76.114 Format for Notice of Ter­ PART 2— GENERAL POLICY AND pellant organization and submitted in tripli­ mination Under Subparagraph (a) INTERPRETATIONS cate to the contracting officer. * ( i ) o f the Default Clause (1 —8.707) The Notice of Appeal must be mailed or (F o r Use After Issuance of Prelim­ Opinion and Order Establishing Initial otherwise furnished to the contracting officer inary Notice of Default). Natural Gas Rates in the Rocky within 30 days from receipt of this decision Mountain Area; Correction or your appeal shall be considered untimely. § 5A—76.115 Format for Preliminary Notice o f Default Under Subpara­ A u g u s t 20, 1971. (b) Whenever a decision of the con­ graph (a ) (ii ) o f the Default Clause tracting officer is concerned with the (1 -8 .7 0 7 ). In the opinion and order establishing termination of a contract and/or pur­ initial rates in the Rocky Mountain Area, chase order(s) for default, with a finding § 5A—76.116 Format for Notice of Ter­ issued July 15, 1971, and published in the of inexcusability, the format described mination Under Subparagraph (a) F ederal R e g ister , July 22, 1971, (36 F.R. (i i ) o f the Default Clause (1—8.707) in § 5A-76.121 shall be used in lieu of that (Default Inexcusable). 13585), footnote 8 after “Southern set forth in § 5A-1.318-l(a), above. Union Gathering Company,” insert (c) Notice of appeal action under the § 5A—76.117 Format for Notice of Ter­ “ (Commission reclassification to a “ nat­ mination Under Subparagraph (a) ural gas pipeline” in Docket No. CP71-26 above circumstances may be effected by use of GSA Form 2465, Notice of Appeal, (ii ) o f the Default Clause (1—8.707) is still pending) ” . (Default Excusable). as illustrated by § 5A-16.950-2465. K e n n e t h F. P l u m b , § 5A—76.118 Format for Notice of Re­ Secretary. purchase Against Contractor’s Ac­ [FR Doc.71-12902 Filed 9-l-71;8:51 am] PART 5A-76— EXHIBITS count (1 -8 .6 0 2 -6 ). 1. The table of contents of Part 5A-76 § 5A—76.120 Format for Preliminary is amended by the addition of the follow­ Notice of Default Under Subpara­ ing new entry: graph (a ) ( i ) o f the Default Clause— F o r. Use by Representatives of the Title 41— PUBLIC CONTRACTS Sec. Contracting Officer (5A—53.472). 5A-76.121 Format for decision of the Con­ tracting Officer with respect to § 5A—76.121 Format for decision of the AND PROPERTY MANAGEMENT termination for default. Contracting Officer with respect to termination for default. Chapter 5A— Federal Supply Service, 2. The illustrations identified in §§ 5A- General Services Administration N o t e : The new illustration identified in 76.104 through 5A-76.118 and 5A-76.120 5A—76.121 and the revised illustrations CONTRACT TERMINATION FORMATS are revised to conform with current GSA identified in §§ 5A-76.104 through 5A-76.118 correspondence practices. and 5A-76.120 are filed as a part of the orig­ The following amendments are made inal document. Copies may be obtained from in Chapter 5A: § 5A—76.104 Format for Notice of Ter­ the General Services Administration (FPP), mination in Whole Under Subpara­ Washington, D.C. 20406. PART 5A-1— GENERAL graph (a) (i) of the Default Clause (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 4 8 6 (c); Subpart 5A—1.3— General Policies (1—8.707) With Finding of Inex­ 41 CFR 5-1.101 (C) ) cusability. Effective date. These regulations are Section 5A-1.318-1 is revised as § 5A—76.105 Format for Notice o f Par­ follows: effective 30 days after the date shown tial Termination Under Subpara­ below. § 5A—1.318—1 Contracting officer’s de­ graph ( a ) ( i ) o f the Default Clause cision under the Disputes clause. (1—8.707) With Finding of Inexcus­ Dated: ,1971. ability. (a) The' adequacy of the contracting L . E. S pang ler , officer’s decision under the Disputes § 5A—76.106 Format for Notice of Ter­ Acting Commissioner, clause, as required by § 1-1.318-1, and of mination in Whole Under Subpara­ Federal Supply Service. graph (a ) ( i ) of the Default Clause the contents of any subsequent notice of [FR Doc.71—12892 Filed 9-l-71;8:50 am] appeal, as provided for by § 5-60.201, (1—8.707) With Finding of Inexcus­ ability. shall be properly ensured. Accordingly, the following paragraphs shall be set § 5A—76.107 Format for Notice of Par­ Chapter 9— Atomic Energy tial Termination Under Subpara­ Commission forth in all contracting officers’ decisions graph ( a ) ( i ) of the Default Clause subject to the Disputes clause: (1—8.707) With Finding of Inexcus­ PART 9-5— SPECIAL AND DIRECTED This decision is made in accordance with ability. SOURCES OF SUPPLY the Disputes clause and shall be final and § 5A—76.108 Format for Notice of Ter­ Subpart 9-5.52— Procurement of conclusive as provided therein, unless a writ­ mination in Whole Under Subpara­ ten Notice of Appeal addressed to the Ad­ Special Items ministrator of General Services is mailed or graph ( a ) ( i ) o f the Default Clause otherwise furnished to the contracting of­ (1—8.707) With Request for Infor­ M iscellaneous A m e n d m e n t s ficer. The Notice of Appeal, which is to he mation on Excusability. signed by you as the contractor or by an at­ These revisions to Part 9-5 bring § 5A—76.109 Format for Notice o f Par­ AECPR in line with recent revisions to torney acting on your behalf, and which may tial Termination Under Subpara­ be in letter form, should indicate that an Federal Property Management Regula­ graph (a ) ( i ) o f the Default Clause appeal is intended, should refer to this deci­ tions pertaining to the use of GSA (1—8.707) With Request for Infor­ sion and should identify the contract by sources and with AEC consolidated pro­ number. The Notice of Appeal should include mation on Excusability. a statement of the reasons why the decision § 5A—76.110 Format for Finding of curement policy. is considered to be erroneous. Excusability. 1. In Subpart 9-5.52, Procurement of In the event you desire to file an appeal Special Items, § 9-5.5206-6, New refrig­ from this decision, there is enclosed for your § 5A—76.111 Format for Finding of convenience GSA Form 2465, Notice of Ap­ Inexcusability. erators, is revised to read as follows:

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 RULES AND REGULATIONS 17577

§ 9-5.5206 Miscellaneous items. Part 37 is amended as follows: § 9-5.5206—6 Appliances. Title 42— PUBLIC HEALTH 1. Section 37.4 is revised to read as follows : AEC offices sihall procure new refrig­ Chapter I— Public Hearth Service, De­ erators, freezers, ranges, washers, dry­ partment of Health, Education, and § 37.4 Plans for initial chest roentgeno- graphic examinations. ers, water heaters, and garbage disposals Welfare in accordance with FPM R 101-26.503. (а) * * * When cost-type contractors, consistent SUBCHAPTER C— MEDICAL CARE AND (б) Assurances that

FEDERAL REGISTER, V O L 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17578 RULES AND REGULATIONS

(b) By its Order No. 1 the Council the free period. They may use (1) the modity for several years. Since the delegated to the Director of the Office of Executive order period (30 days ending freeze, the State Commerce Commission Emergency Preparedness authority to or the most recent 30-day in two of the States served by the rail­ administer the program for the stabili­ period if no sales were made in the last road has granted long-standing appli­ zation of prices, rents, wages, and sala­ 30 days), or they may use (2) the season­ cations to increase intrastate rates to ries as directed by Section 1 of Executive ality period of 1970 (from the date of the the same level as the interstate rate. Order No. 11615. specific event through November 13). Some other States have permitted the (c) The purpose of this circular, the , This price change date may not take increases in intrastate rates before the seventh in a series to be issued, is to place earlier this year than in 1970, unless freeze. Other States have not. The rail­ furnish further guidance to Federal offi­ the date is tied to a specific date such as road cannot collect the higher intrastate cials and the public in order to promote a previously planned introduction of new rates in the two States which approved maximum understanding and cooper­ styles and models. In certain cases, (3) the rate increases after August 15. Under ation in the application of the program. the statutory date of May 25, 1970, may traditional statutory distinctions, instra- 200. Authority. Relevant legal author­ represent a higher ceiling than either of state rate structures are treated separate ity for the program includes the the above base period prices. (In these and apart from interstate rate structures. following: cases, they are free to adopt the May 25, 408. Exemptions, (a) Section 408(b) 1970 prevailing prices.) The ceiling price of OEP Economic Stabilization Circular The Constitution. No. 6 is amended by the deletion of the Economic Stabilization Act of 1970, Public so set would be based on the prices Law 91-379, 84 Stat. 799; Public Law 92-15, realized by a substantial number of word "gutted.” 85 Stat. 38. transactions during the selected base 500. Wage and salary guidelines. Executive Order No. 11615, 36 F.R. 15127, period by the seller. As previously pro­ 502. Specific guidelines, (a) If one ,1971. vided, the ceiling price established in a company (1) purchased another com­ Cost of Living Council Order No. 1, 36 F.R. base period is that price at or above pany (2) after August 15, 1971, company 16215, , 1971. which 10 percent of all base period trans­ 2 employees cannot be paid higher rates OEP Economic Stabilization Regulation No. actions were made. (See section 6(a) (1) of compensation which may have pre­ 1, as amended, 36 F.R. 16515, August 21, of OEP Economic Stabilization Regula­ vailed in company 1 during the base pe­ 1971. tion No. 1, as amended.) Finally, the riod. A change in corporate ownership 300. General guidelines, (a) The guid­ seller must maintain adequate records does not justify a change in the wage ance provided in this circular is in the and have them available to demonstrate ceilings applicable to the jobs that were nature of additions to or clarifications of the existence of a traditional seasonality in Company 2. previous determinations of the Cost of practice over the previous 3 years, and (b) I f a labor agreement had been Living Council covered in previous OEP the basis for selection of his selling price reached prior to August 15, but had not Economic Stabilization Circulars. from the 1970 period. been placed in effect, employees cannot (b) The numbering system used in this (d) Coal producers and utility com­ be awarded any additional wages in­ circular corresponds to that used in pre­ panies had reached an impasse on the volved. The new rate can be paid, how­ vious OEP Circulars. price of coal under an arbitration clause ever, if labor and management had 400. Price guidelines. prior to August 15 and resorted to law reached an agreement and work was 401. General guidelines, (a) I f one suits to settle their difference. I f the performed or wages accrued prior to Au­ company (1) purchases another com­ court decides, even though the decision gust 15 at the new wage rate. pany (2) and the two companies had dif­ was made after August 15, that higher (c) A company had in existence prior ferent prices for their products, the price prices should have been charged prior to the freeze a policy of increasing the ceilings in force at the time of the acqui­ to August 15, the increases are permitted. pay of employees transferred to higher sition do not change after their consoli­ On the other hand, if the court rules that cost-of-living areas, for example—New dation. The ceilings that were applicable prices may be raised after August 15, this York City. Such plans are not prohibited to the products of Company 2 continue to price increase may not take effect during during the freeze. However, the employer apply to sales made from that part of the freeze. must be able to document the existence the merged company. (e) When a seller received a large of such a plan prio» to the freeze, and (b) A utility company which produces order during the base period for delivery must not increase the differential during electricity with imported fuel cannot during the freeze, this order cannot be the freeze. pass on increases in the cost of the fuel. included in the calculation of the price 600. Rent guidelines. The production of electricity by fuel is a ceiling for this product. 602. Specific guidelines, (a) A 10-year transformation of the foreign good from A transaction takes place when the lease was negotiated and the tenant as­ its original state, thus precluding pass­ seller ships the product to the buyer, not sumed possession on September 1,, 1966. ing on the increased cost due to changes when the order is received. In the case The terms of the lease called for monthly in the world market price. (If, however, of a service, the transaction takes place payments at $300 for the first 5 years the increase in fuel costs was due solely when the service is performed. Each com­ and $350 for the second 5 years. This to the 10-percent surtax on imports, the modity or type of service is treated sep­ contract specifies a total amount to be price of electricity could be increased on arately and, if shipments are made to paid within a specified time. Although a cent-for-cent basis to reflect the in­ different classes of purchasers under dif­ the payments are due to increase Sep­ crease resulting from the surcharge. ferent terms, separate ceilings are cal­ tember 1, the increase cannot be paid. These increases, of course, would be sub­ culated for each commodity for each The stated total rental is based on the ject to review by Federal or State regu­ class of purchaser. The ceiling price is monthly rate charged. The monthly rate latory agencies.) based on the record of all the units of is frozen at $300 a month. (c) The clothing industry is subject to each commodity shipped to each class (b) An increase in property taxes can­ the freeze. It may have the options pro­ of purchaser during the base period, and not tye passed on to the tenant even if vided under the seasonality rule if it is calculated as the highest price at or the lease specifically provides for the meets the following criteria: above which 10% of the units were tenant to pay increased taxes. (1) Prices must show a large and dis­ shipped to a particular class of pur­ 1001. Effective date. This Circular, un­ tinct fluctuation at a specific identified chaser during the base period. less modified, superseded, or revoked, is point of time which can be documented 403. Government-regulated industries. effective on the date of publication for (a) The operation of formulas for deter­ and shown to have been established prac­ a period terminating at m idnight of mining liquor prices established by a tice for at least the last 3 years. November 13,1971. (2) Each change in price must be tied State, acting under the authority granted^ to the specific date, e.g., beginning of the to it under the 21st amendment to the Dated: September 1, 1971. resort season, introduction of new models Constitution, is suspended by Executive G. A. L in co ln , Order No. 11615 where such formulas re­ or styles, etc. Director, sult in price increases. I f clothing firms meet the above two Office of Emergency Preparedness. (b) A railroad has had established criteria there are three sets of base [FR Doc.71-13093 Filed 9-l-71;3:09 pm] periods for establishing prices to use in rates for interstate movement of a com­

FEDERAL REGISTER. VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17579 Proposed Rule Making

allow storage of cotton in federally li­ [ 7 CFR Part 993 1 DEPARTMENT OF THE TREASURY censed warehouses on the basis of unoffi­ cial gin weights. DRIED PRUNES PRODUCED IN Bureau of Customs It was the consensus of persons who CALIFORNIA [ 19 CFR Part 1 ] submitted comments that the proposed change would adversely affect the ac­ Proposed Expenses of the Prune Ad­ DISTRICT OF LAREDO, TEX. ceptability in commerce of warehouse ministrative Committee for the receipts issued under the Act. It is there­ 1971—72 Crop Year and Rate of Notice of Proposed Designation of a fore concluded that the aforementioned Assessment for That Crop Year Customs Port of Entry amendment should not be adopted. Notice is hereby given of a proposal A u g u s t 23, 1971. Done at Washington, D.C., , regarding expenses of the Prime Admin­ In order to provide better Customs 1971. istrative Committee for the 1971-72 crop service in the Laredo, Tex., Customs dis­ J o h n C. B l u m , year and rate of assessment for that crop Deputy Administrator, trict, it is considered desirable to convert year, pursuant to §§ 993.80 and 993.81 of the existing Customs station of Progresb, Regulatory Programs. . the marketing agreement, as amended, Tex., to the status of a Customs port of [FR Doc.71-12913 Piled 9-1-71:8:52 am] and Order No. 993, as amended (7 CFR entry. Therefore, notice is hereby given Part 993), regulating the handling of that under the authority vested in the E 7 CFR Part 910 1 dried prunes produced in California. The President by section 1 of the Act of amended marketing agreement and order , 1914, 38 Stat. 623, as amended LEMONS GROWN IN THE STATES OF are effective under the Agricultural Mar­ (19 U.S.C. 2), which was delegated to the CALIFORNIA AND ARIZONA keting Agreëment Act of 1937, as Secretary of the Treasury by the Presi­ amended (7 U.S.C. 601-674). Proposed Rule Making Regarding Ap­ dent by Executive Order No. 10289, The Prune Administrative Committee September 17, 1951 (3 CFR Ch. 11), and proval of Expenses and Fixing of has recommended for the crop year be­ pursuant to authority provided by Treas­ Rate of Assessment for the 1971—72 ginning August 1, 1971, a budget of ex­ ury Department Order No. 190, Rev. 7 Fiscal Year penses in the total amount of $141,700 (34 F.R. 15846), it is proposed to desig­ and a rate of assessment of $1.30 per ton nate Progreso», Tex., as a Customs port Consideration is being given to the fol­ of assessable prunes. Expenses in that of entry in the Laredo, Tex., Customs lowing proposals submitted by the Lemon amount and the rate of assessment are district (Region V I ) . Administrative Committee, established specified in the proposal hereinafter set The geographical limits of the pro­ pursuant to the marketing agreement, posed port of entry of Progreso, Tex., as amended, and Order No. 910, as forth. The assessable tonnage is esti­ will include that part of the county of amended (7 CFR Part 910; 36 F.R. 9061), mated by the Committee at 109,000 natural condition tons. Hidalgo, Tex., encompassed by the fol­ regulating the handling of lemons grown lowing boundaries: in the State of Arizona and that part of All persons who desire to submit writ­ the State of California south of a line ten data, views, or arguments in connec­ On the north by 26°6' North latitude, on tion with the aforesaid proposal should the east by 97°54' West longitude, on the drawn due east and west through the south by the United States-Mexico inter­ post office in Turlock, Calif., effective un­ file the same, in quadruplicate, with the national boundary, and on the west by 98°00' der the Agricultural Marketing Agree­ Hearing Clerk, U.S. Department of West longitude. ment Act of 1937, as amended (7 U.S.C. Agriculture, Room 112, Administration 601-674), as the agency to administer Building, Washington, D.C. 20250, not Consideration will be given to relevant later than the eighth day after publica­ data, views, or arguments pertaining to the terms and provisions thereof: tion of this notice in the F ederal R e g is ­ the proposed designation of the Progreso, (1) That expenses that are reasonable and necessary to be incurred by the ter . All written submissions made Tex., Customs port of entry which are pursuant to this notice will be made submitted in writing to the Commis­ Lemon Administrative Committee dur­ ing the period August 1, 1971, through available for public inspection at the sioner of Customs, Washington, D.C. office of the Hearing Clerk during regular 20226, and received no later than 20 days July 31, 1972, will amount to $276,000. after the date of publication of this (2) That the rate of assessment for business hours (7 CFR 1.27(b) ). notice in the F ederal R e g ist e r . A hear­ said period, payable by each handler in The proposal is as follows : ing will not be held. accordance with § 91Q.41, be fixed at $0,023 per carton of lemons. § 993.322 Expenses of the Prune Ad­ [ seal] E u g e n e T . R o ssid e s, All persons who desire to submit writ­ ministrative Committee and rate of Assistant Secretary of the Treasury. ten data, views, or arguments in con­ assessment for the 1971—72 crop year. [PR Doc.71-12924 Piled 9-l-71;8:53 am] nection with the aforesaid proposals should file the same, in quadruplicate, (a) Expenses. Expenses in the amount with the Hearing Clerk* U.S. Depart­ of $141,700 are reasonable and likely to ment of Agriculture, Room 112, Adminis­ be incurred by the Prune Administrative DEPARTMENT OF AGRICULTURE tration Building, Washington, D.C. 20250, Committee during the crop year begin­ not later than the 10th day after the Consumer and Marketing Service ning August 1, 1971, for its maintenance publication of this notice in the F ederal I 7 CFR Part 101 1 R e g ist e r . All written submissions made and functioning and for such other pur­ pursuant to this notice will be made poses as the Secretary may, pursuant to COTTON WAREHOUSES available for public inspection at the the applicable provisions of the market­ Notice of Decision Not To Adopt office of the Hearing Clerk during regular ing agreement, as amended, and this business hours (7 CFR 1.27(b)). Proposed Amendment of Regulations part, determine to be appropriate. Dated: August 30, 1971. On July 3, 1971, a notice of proposed (b) Rate of assessment. The rate of rule making was published in the F ed­ P a u l A. N ic h o l s o n , assessment/for such crop year which each eral R egister (36 F.R. 12695), proposing Deputy Director, Fruit and handler is required, pursuant to § 993.81, r? amend the cotton warehouse regula­ Vegetable Division, Consumer to pay to the Prune Administrative Com­ tions (7 CFR part 101) under the United and Marketing Service. mittee as his pro rata share of the said otates Warehouse Act (7 U.S.C. 268) to [P R Doc.71-12914 Piled 9-l-71;8:53 ain] expenses is fixed at $1.30 per ton of

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17580 PROPOSED RULE MAKING salable prunes handled by him as the F in d in g s and C o n c l u s io n s 2. To provide more equitable pricing first handler thereof. The following findings and conclusions for cream mixtures which are currently distributed in the subject markets in Dated: August 27,1971. on the material issues are based on evi­ dence presented at the hearing and the direct competition with lower-priced P a u l A. N ic h o l s o n , record thereof: imitation cream products manufactured Deputy Director, Fruit and 1. Classification provisions. The classi­ from nondairy product substitutes. Vegetable Division, Consumer fication provisions of Orders 1, 2, and 15 3. To provide, in the case of the New and Marketing Service. should be amended on the basis of this York-New Jersey order, more equitable [PR Doc.71—12881 Filed 9-l-71;8:50 am] record but only to the extent necessary pricing for cream mixtures sold in com­ to provide a Class II classification for petition with similar products priced all mixtures of cream and milk or skim under the local State orders. The Com­ 17 CFR Parts 1001, 1002, 1004, milk having a butterfat content of at missioner of Agriculture and Markets, 1015 1 least 10 percent. No change should be New York State, in issued [Docket No. A0-14r-A49-R01 etc.] made in the classification provisions of a determination that half-and-half the Middle Atlantic order. should be a designated Class II product MILK IN BOSTON REGIONAL (MASSA- The Middle Atlantic order presently under the respective State orders for CHUSETTS-RHODE ISLAND-NEW prescribes a Class H classification for the Niagara Frontier and Rochester HAMPSHIRE) AND CERTAIN OTHER cream, half-and-half, and other mix­ markets. MARKETING AREAS tures of cream and milk or skim milk - The present Class II classification pre­ with a butterfat content of at least 10 scribed under the Middle Atlantic order Decision on. Proposed Amendments to percent. for half-and-half and other mixtures Marketing Agreements and Orders Under the Boston Regional Order No. with a butterfat content of at least 10 1, cream and mixtures are Class n if the percent was effected August 1, 1970, 7 C F R Marketing area Docket No. butterfat content is 16 percent or over. when the Washington, D.C., Upper part Mixtures with at least 10 percent, but less Chesapeake Bay, and Delaware Valley than 16 percent, butterfat are classified orders were merged into the single and 1001 Boston Regional...... A0-14-A49-R01. 50 percent Class I and 50 percent Class II expanded regulation. In the Assistant 1002 New York-New Jersey____AO-71-A62. by weight. Mixtures with a butterfat Secretary’s decision of May 18, 1970 (35 1004 Middle Atlantic...... AO-160-A45. 1015 Connecticut...... AO-305-A28. content of less than 10 percent are F.R. 7924), official notice of which is Class I. taken, it was pointed out that the record Under the Connecticut Order No. 15, evidence with respect to classification A public hearing was held upon pro­ cream and mixtures are Class II if the matters was fundamentally directed to posed amendments to the marketing butterfat content is 12 percent or over. resolving the differences in classification agreements and the orders regulating Mixtures with a butterfat content of at of particular products among the orders. the handling of milk in the aforesaid least 10 percent, but less than 12 percent, The decision thereon was, therefore, nec­ specified marketing areas. The hearing are classified 50 percent Class I and 50 essarily directed to resolving the then was held, pursuant to the provisions of percent Class II by weight. Mixtures with differences in classification. In conclud­ the Agricultural Marketing Agreement a butterfat content of less than 10 per­ ing that half-and-half and other mix­ Act of 1937, as amended (7 U.S.C. 601 cent are Class I. tures of cream and milk or skim milk et seq.), and the applicable rules of prac­ Under the New York-New Jersey Order containing at least 10 percent butterfat tice (7 CFR'Part 900), at No. 2, cream (a minimum of 18 percent should be Class II, it was found that on March 30-31, and April 1, 1971, pur­ butterfat) is Class II and half-and-half “Such classification will have no signifi­ suant to notice thereof issued on (except sour) and other mixtures with a cant effect on producer returns but will March 12,1971 (36 F.R. 5141). butterfat content of less than 18 percent implement the disposition of the excess Upon the basis of the evidence intro­ are Class I. butterfat in producer milk.” duced at the hearing and the record A group of handlers under the New Effective November 1, 1970, the classi­ York-New Jersey order jointly proposed thereof, the Deputy Administrator, Reg­ fication provisions of the New York-New for that order only, a Class n classication Jersey order were modified to provide a ulatory Programs, on July 26, 1971 (36 for half-and-half in lieu of the Class I Class II classification for cream disposed F.R. 14006) filed with the Hearing Clerk, classification presently provided. of for fluid use. No consideration was U.S. Department of Agriculture, his The New York-New Dairy Co­ given to a change in the classification recommended decision containing notice operative Coordinating Committee, whose of mixtures having a butterfat content of the opportunity to file written excep­ member cooperatives supply a large pro­ of less than 18 percent, however. The portion of the total fluid milk supply for tions thereto. Presiding Officer at the hearing had the New York-New Jersey and New Eng­ ruled that the proposals before the hear­ The material issues, findings and con­ land markets, proposed a uniform revi­ ing were not sufficiently broad to permit clusions, rulings, and general findings of sion of the fluid milk product (Class I consideration of a change in the classifi­ the recommended decision are hereby milk) definition in the four northeastern cation of such products. His ruling in approved and adopted and are set forth orders essentially for the purpose of pro­ this regard was supported and reaffirmed viding a uniform Class II classification in full herein. by the Assistant Secretary in his deci­ for half-and-half. At the same time, how­ sion of October 5, 1970 (35 F.R. The materia} issues on the record 15927), ever, they proposed that such definition official notice of which is taken. relate to : be further modified to eliminate, in the A Class I I classification for cream, it 1. Modification of the classification case of Orders 1, 2, and 15, the existing was concluded, would “promote uni­ provisions under each of the four orders. exception for sterilized milk and milk formity of regulation among the north­ 2. Modification of butterfat differen­ products in hermetically sealed contain­ eastern Federal orders and thus remove ers. They further proposed that the defi­ the possibility of competitive disadvan­ tials under each of the four orders. nition under each of the four orders be 3. Revision of the shrinkage provisions tage due to minimum order prices. Cream revised to provide specific standards , of for fluid use is a minor portion of the of Order 2. product composition which would serve present Class I disposition * * *. Since 4. Elimination of the direct delivery as a means for classifying new products a Class II classification is desired by a differential provisions from Order 2. as they appear. major segment of the market, there is 5. Provision for exempt status under The principal reasons cited in support no compelling reason for denying such of a Class II classification for half-and- Order 4, of milk of a government agency classification.” half were: moved to a regulated plant for custom The principal product in the “mix­ 1. To promote uniformity of regulation processing. among the northeastern Federal orders tures” category sold in the several mar­ 6. Need for emergency action with and thus assure greater equity among kets here being considered is commonly respect to any or all issues 1 through 4. competing handlers. referred to as (and generally is labeled)

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 PROPOSED RULE MAKING 17581

“half-and-half.” This product is a m ix­ modified and the necessary corollary same, regardless of use. The differential ture of cream and milk or skim milk changes made in other provisions of such butterfat values, therefore, need not be with a hutterfat content in the range of orders to implement this conclusion. “ cleared” through the equalization pool. 10 to 12 percent, varying with the m ar­ Further amendments to the fluid milk In making payments to each producer, ket. The product is sold in the markets product definition of these orders, as the handler adjusts the uniform price by in a variety of containers ranging from proposed by the Coordinating Commit­ the butterfat differential to reflect the half-ounce (individual servings of the tee, should not be adopted at this time. test of milk received from such producer. product for use as coffee whiteners and The Committee’s proposed uniform The Coordinating Committee proposed referred to as “cream ers”) to half pints definition which it would have incor­ for each of the four orders, and it is and, in some cases, to even larger porated in each order (in addition to pro­ herein adopted, that the Grade containers. viding for a Class n classification of A (92-score) butter price be substituted Half-and-half and similar mixtures half-and-half, as already discussed and for the New York City Grade A (92- compete to a considerable degree di­ herein adopted) would prescribe product score) butter price in computing the rectly with cream for fluid outlets, and composition standards for the purpose butterfat differential and that the round­ both cream and cream mixtures are in of implementing the classification of ing of the differential be to the nearest aggressive competition with nondairy new milk products as they may appear one-tenth cent instead of the nearest substitutes for table use, such as coffee on the market. Further, as a corollary even one-tenth cent. whiteners, dessert toppings and dress­ proposal, proponents would remove from The following points were advanced ings. Orders 1, 2, and 15 the exception under by proponents in support of this change: The competitive inroads which the which sterilized milk or milk products in hermetically sealed containers are ex­ (1) The differential as proposed would nondairy substitutes have made into the place less value on the butterfat portion mixture market have resulted in a sig­ cluded from Class I. Proponents’ proposed fluid milk prod­ of milk and more value on skim and thus nificant overall decline in the sale of would better relate the costs of butterfat mixtures throughout the Federal order uct definition is essentially that devel­ oped by the National Milk Producers and skim milk to market values of their markets in recent years. In the case of respective products; thé Boston Regional market, the decline Federation as a part of a classification plan proposed for use under Federal milk (2) The proposed changes will result in mixture sales amounted to slightly in better alignment of Northeast order less than 13 percent during the 4-year orders generally and which was con­ sidered at a hearing conducted at Clay­ prices with order prices in other regions; period 1967-70, with little change in the and volume of fluid milk sales. The Connecti­ ton, Missouri, in for adoption cut market, on the other hand, experi­ under seven midwestem order markets. (3) By using the Chicago butter price enced an increase of about 4 percent in They did not, however, have knowledge (quoted on a monthly basis) instead of mixture sales and a decrease of slightly of the Department’s findings and con­ the New York butter price, currently em­ less than 3 percent in total volume of clusions in the matters considered at ployed, the butterfat differentials will re­ fluid milk products sold within the de­ that hearing since a recommended deci­ late more closely to the milk component fined marketing area during such period. sion had not yet been issued. While we values during the time period to which In the Middle Atlantic marketing area do not take issue with proponents’ objec­ such differential applies. during the same period (the combined tive, nevertheless it is quite apparent On the record and in their posthearing areas of the individual Washington, D.C., that a uniform classification procedure brief proponents recognized that the an­ Upper Chesapeake Bay, and Delaware for Federal orders generally is difficult to nounced product purchase prices, which Valley orders, prior to their merger into achieve on a market-to-market basis. the Commodity Credit Corporation will the single regulation in ), The reclassification to Class I I of mix­ pay during the current 1971-72 market­ mixture sales declined about 18 percent tures as herein adopted eliminates the ing year to carry out the price support while total sales of fluid milk products immediate problem which prompted the objectives, constitute a shift in emphasis declined about 2.5 percent. Similar data hearing call. Since the basic objective as between butterfat and nonfat dry immediately available for the New York- sought by such proposal is the same as milk, placing a relatively higher market New Jersey order market for the months that involved in the hearing already value on the latter. Proponents held that of July and and for the same held on seven midwestem markets, i.e., their proposed revision of the butterfat 2 months of 1970 show a decline in mix­ to promote a uniform classification pro­ differential similarly recognizes this shift ture sales in such marketing arèa of cedure among Federal orders generally, in emphasis and therefore is more con­ approximately 15 percent while total consideration of the matter desirably sistent with the objectives of the support sales of fluid milk products were off should be deferred pending the final dis­ program. about 3 percent. position of the matter in the seven mid­ They pointed out that a substantial westem markets. Accordingly, no further volume of the total milk products in each The sales of half-and-half and similar action is taken on the basis of this record. mixtures, however, as in the case of of the markets is manufactured into con­ 2. Modification of hutterfat differen­ cream, do not represent a significant centrated forms of milk products. Since tials. The producer butterfat differential percenatge of the markets’ total dispo­ the butterfat differential for the manu­ sition. In these markets for the year provisions of each of the four northeast­ facturing milk class most commonly em­ ern orders should be modified but only to 1970, mixture sales as a proportion of ployed in Federal orders is calculated at total fluid milk product sales ranged base the computation on the Chicago the Chicago butter price times 0.115, they butter price (in lieu of the present New from a low of 0.4 percent (Order 1) to a suggested that the adoption of the same high of 1.2 percent (Order 2, based upon York butter price) and to provide for the differential for the Northeast markets the July-August period). rounding of the differential to the near­ would enhance intermarket price align­ est one-tenth cent. , ^ Class I I classification for ment. In this connection, they also half-and-half and other mixtures of The butterfat differential (identical in pointed out that in , when cream and milk or skim milk with a each of the four orders) is now computed the butterfat differential for the North­ butterfat content of at least 10 percent by multiplying by 0.115 the average daily east markets was 8.2. cents, a total of 50 was generally supported by the principal wholesale selling price of Grade A (92- orders of the 58 Federal orders outside producer groups in each of the respective score) butter in the New York City mar­ the Northeast had lower Class II butter­ markets as well as by handlers. There ket, as reported by the Department for fat differentials. was no opposition voiced to such classi­ the period from the 16th day of the pre­ Proponents further pointed out that fication either in testimony at the hear­ ceding month through the 15th day of the Committee, at an earlier hearing ing or in posthearing briefs. Under the the current month, and rounding the re­ () for the Northeast markets, circumstances, it is concluded that the sult to the nearest even one-tenth cent. had proposed the adoption of modifica­ equested uniform Class II classification Since the same butterfat differential tions to the butterfat differential provi­ should be adopted. value applies with respect to both Class I sions of the Northeast orders identical and Class n milk, the handler’s cost for The fluid milk product definition of to those here at issue. The situation, they differential butterfat above or below the stated, which gave rise to the Assistant Orders 1, 2, and 15 therefore should be basic test at which milk is priced is the Secretary’s denial of these particular

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17582 PROPOSED RULE MAKING modifications at that time (discussed in tenths of a cent lower for 7 months, one- The order currently provides that his decision issued August 20, 1969, 34 tenth Of a cent lower for 3 months, and shrinkage of skim milk and butterfat, F.R. 13601, and here officially noticed) unchanged for 2 months. The simple respectively, shall be computed at each does not now exist. average of such differences for the year plant and bulk tank unit and allocated In that decision, the Assistant Secre­ would have amounted to fourteen-hun­ pro rata to classes of use in accordance with the respective volumes of skim milk tary pointed out that the Order 1 mem­ dredths of a cent, of which about nine- bers of the proponent Coordinating Com­ hundredths of a cent would have been and butterfat actually accounted for in each class. However, if shrinkage thus mittee were in agreement with the use due to the proposed change in the butter of the Chicago butter price. However, be­ quotation and the remainder due to the assigned to Class H should exceed 2 per­ cause of the market practice in New proposed change in rounding. Although cent of the skim milk and butterfat, re­ England of paying producers on the basis the new rounding procedure could cause spectively, actually accounted for in such of the actual butterfat test of milk deliv­ a difference of one-tenth cent per point class, the excess is classified as Class I-A. ered during the first 15 days of the month of butterfat (1 cent per pound of butter­ A proposal by three regulated handlers by the fifth day of the following month, fat in any particular month), over a considered at the hearing and supported together with the difficulty Order 4 coop­ period of time such rounding would have by certain other regulated handlers eratives (the Pennmarva group) would ino significant effect on average-butterfat would modify the shrinkage provisions have in modifying their computer pro­ differential values. (§ 1002.42) to conform with the shrink­ grams to accommodate rounding to the A representative of several Order 2 age provisions (§§ 1004.41 and 1004.42) nearest one-tenth cent, it had been re­ milk dealers objected to a change in of the Middle Atlantic Order No. 4. quested that a Chicago butter quotation rounding procedures, claiming that such Proponents’ witness held that treat­ covering the period from the 26th of the change would place an additional burden ment of shrinkage under the New York- preceding month through the 25th of the (in time and expense) on small milk New Jersey order results in a higher current month be used as the basis for dealers. There otherwise was no testi­ cost of milk to Order 2 handlers than calculating the differential. mony by milk dealers regulated under that of Order 4 handlers under the Since no regular quotation on that any of the four markets in opposition shrinkage provisions of the Middle At­ basis was available, the Assistant Secre­ to the changes adopted. There were no lantic order. This, he alleged, places tary provided for the use of the only posthearing briefs filed by any milk Order 2 handlers at a disadvantage in other quotation that would accommodate dealer in opposition to this change. competition with Order 4 handlers in the New England problem; i.e. the New One cooperative association whose their common sales area. He estimated York quotation for the period extending membership includes dairy farmers sup­ that for a handler doing essentially only from the 16th day of the preceding plying each of the four markets, while a Class I business the additional costs month through the 15th day of the cur­ not opposed to the objectives sought by under the Order 2 shrinkage provisions rent month which was then being used proponents, expressed its belief that the would be between 4 and 5 cents per in Orders 1,2, and 15. issue of appropriate values and costs hundredweight. He held that because Pennmarva’s computer program has associated with the basic components of there is a significant overlapping of sales recently been modified and the proposed milk should be reserved for consideration areas of handlers under the two orders, rounding to the nearest one-tenth cent at a future hearing, after an in-depth particularly in certain areas of New is no longer a problem. Further, the New study is made by industry on the subject Jersey, identical shrinkage provisions are England7 Cooperatives now support the of component pricing of milk. required by the Act. shift to the use of the Chicago monthly The subject of component pricing has While the terms of a given order must butter quotation for computing the but­ been under study by various industry apply uniformly to all handlers subject terfat differential even though they rec­ groups and by the Department for some thereto, the Act prescribes that orders ognize that their method of making par­ time, and the study is continuing. It is applicable to the same commodity (i.e., tial payments to producers requires not appropriate, however, to withhold milk) so far as practicable shall pre­ modification if such change is adopted. changes necessary to reflect current mar­ scribe such different terms as are neces­ • It is concluded that the proposed keting conditions as herein proposed for sary to give due recognition to the dif­ changes in butterfat differential provi­ adoption solely on the basis of possible ferences among areas, and that the terms sions of the four orders should be future considerations. of each order shall be based solely on the adopted. While the desired reapportion­ In conjunction with the change in the evidence adduced on the record of a ment of butterfat and skim values could procedure for computing the butterfat public hearing called for that purpose. have been accomplished by a change in differentials, the producer-payment pro­ Consequently, where conditions and cir­ the present factor of 0.115 and continued cedure prescribed in Order 1 (§ 1001.70) cumstances of regulation vary between use of the New York butter quotation, the should be modified by removing para­ markets, the order provisions also vary. overall objectives of the proponent coop­ graph (d ). That paragraph prescribes Thus, the provisions of Orders 2 and 4 eratives can better be served by the pro­ that, in making payment, the handler differ significantly with respect to pool­ cedure herein adopted. Use of the Chi­ may use the simple average of the but­ ing standards, point of pricing, price cago butter price will permit better co­ terfat tests of semimonthly composites level, location differentials and their ap­ ordination of butterfat differentials with specified exceptions. The prescribed plication, and the handling of shrinkage, among orders and will assist in future procedure was implemented by having to name a few. Each of these differences comparisons of prices among markets, full knowledge of the applicable butter­ can and does have a significant effect on reducing confusion as to the proper basis fat differential prior to the payment date handlers’ costs for milk. However, the for such comparisons. which permitted handlers to make final respective provisions of the two orders This change will have only a very slight payment for differential butterfat in were adopted on the basis of conditions effect on producers’ returns in each of their payment for milk delivered the first in the markets reflected in separate and the four markets. The butterfat tests of 15 days of the month. Under the new different records. milk received from pool producers under procedures, the butterfat differential It is not sufficient simply to allege that each of the four orders in recent years will not be known uhtil after the time the difference in shrinkage provisions re­ have averaged slightly higher than the for making the partial payment. The sults in unfair advantage to Order No. 4 3.5 percent butterfat test at which such continued application of section 1001.70 handlers. Proponents have the burden order prices are announced. For 1970, (d ), therefore, would be burdensome to of establishing the propriety of adopting such tests averaged 3.73, 3.61, and 3.67 handlers and confusing to producers Order 4 provisions under the conditions percent respectively in Orders 1, 2, and and would have no significant effect on for handling and processing milk that 15 and under the Middle Atlantic order, prevail in the New York-New Jersey for the 5-month period August-Decem- producer returns. ber 1970, 3.68 percent. 3. Shrinkage. No change should be market. This they did not do. In this Had the modifications herein adopted made in the shrinkage provisions of the regard, it must be recognized that shrink­ age under normal circumstances is an been effective during 1970, the butter­ New York-New Jersey Order No; 2 on unaccounted for disappearance. The fat differential would have been two- the basis of this record.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 PROPOSED RULE MAKING 17583

treatment of shrinkage, therefore, Is in­ cumstances of his operations, is not typ­ such milk therefore would not be a f­ tricately interrelated with the particular ical of the overall market. fected by the Federal milk regulation. accounting and verification procedure For all the above reasons, there is no However, proponent spokesman indicated employed under the order and the cir­ basis on this record for either deleting that the agency’s processing plant for cumstances in the piarket. or modifying the direct-delivery differ­ some time has not been adequate to Proponents' witness in his testimony ential provisions. handle the special packaging needs of also asked that a specific Class n classi­ 5. Exempt milk of a Governmentcertain of its institutional outlets. As a fication be provided for skim milk and agency. The Middle Atlantic order should consequence, a portion of the agency’s butterfat disposed of by dumpage or for bfe amended to provide an exemption farm milk production regularly has been livestock feed. This proposed order modi­ from pooling and pricing fq>r any fluid transferred to a pool plant regulated fication was not within the scope of the milk products received at a pool plant or under the Middle Atlantic order for hearing and no action appropriately partially regulated distributing plant processing, custom packaging and return could be taken on this record. from a Government agency* plant for to the agency for distribution within its 4. Direct-delivery differential. Noprocessing and packaging to the extent institutional system. change should be made with respect to that an equivalent volume of packaged Under the terms of the current order, the direct-delivery differential provisions fluid milk products are returned to the the packaging plant is held accountable of Order 2 on the basis of this record. agency plant during the month. for the route disposition— in this case The present provisions prescribe a The order presently exempts from the disposition by Correctional Indus­ 5-cent-per-hundredweight differential to regulation any plant operated by a Gov­ tries to the Philadelphia State Hospital. be paid by each handler directly to his ernment agency from which there is This was not initially understood by producers over and above the applicable route disposition in the marketing area. either Correctional Industries or the uniform price for pool milk received at In conjunction with this exemption, the processing handler. Only belatedly did a plant, or pool unit milk received from order specifically excepts an exempt Gov­ they become aware thatT a substantial a farm, in the 1-70 mile zone. ernment agency from producer status. pool obligation was being incurred on A proposal to revoke the direct-delivery Thus, receipts at any pool plant from milk custom processed for Correctional differential provisions (§ 1002.82(b) ), such agency are treated as other source Industries. The obligation, while assessed made on behalf of Lafayette Milk Co., a receipts and are assigned first to avail­ on the processing pool handler, was ap­ fully regulated handler, was included in able Class n utilization. On any such parently being passed back to. Correc­ the hearing notice. At the hearing, peti­ receipts assigned to Class I, the receiv­ tional Industries under the terms of tioner's representative stated that pro­ ing handler incurs a per hundredweight their agreement. ponent had abandoned his proposal but pool obligation computed at the differ­ that such proposal was supported on ence between the applicable Class I and The spokesman for Correctional In ­ behalf of certain- other handlers in the Class I I prices. The order also provides dustries pointed out that the pool pay­ market. The basic position of the latter that transfers of any fluid milk product ment assessed on its milk moved through in support of the proposal was that: (1) from a pool plant to the plant of a Gov­ the pool plant for custom processing rep­ In light of recent court decisions the pro­ ernment agency shall be classified and resented a significant cost to the agency visions in existing form were deemed accounted for under the order as a Class which would not have been assessed if illegal, and (2) use of the direct-delivery I disposition. the milk had been handled exclusively through their own processing plant fa ­ differential for the purpose of equating These provisions were initially incorpo­ cilities. He suggested, therefore, that it handler costs under the order for nearby rated into the separate Washington, milk and distant milk is improper in that D.C., and Upper Chesapeake Bay orders was unnecessary and inappropriate to re­ quire a pool obligation on the Govern­ milk produced beyond the 70-mile zone (Orders 3 afld 16, respectively) effective in fact is being delivered to plants within June 1, 1966, and were continued under ment agency's milk which is moved to a the 70-mile zone at a lesser cost to han­ the combined Middle Atlantic order. The pool plant or a partially regulated dis­ dlers than nearby milk. basis of their adoption in the two orders tributing plant for processing and Producer witnesses held that the situa­ and for their continuance in the com­ packaging and then returned to the tion in the market is generally unchanged bined order is set forth in the findings agency for distribution solely to State from that on which the current provi­ of the Assistant Secretary in his decisions institutions. sions were promulgated. of April 22, 1966 (31 F.R. 6375), and The witness indicated that the cur­ Proponent presented data comparin August 1, 1970 (35 F.R. 10273), official rent problem was near culmination in costs for receiving milk under vAriou notice of which is taken. that the. agency’s processing facility at arrangements. Such data reflected th A proposal to extend the Government Graterford, Pa., is being expanded and operations of only a single handler am agency exemption to include milk trans­ modernized. While this work has taken purportedly demonstrated that highe ferred to a regulated plant for custom much longer than originally expected, costs are incurred in receiving milk iron processing and packaging was made on they contemplate being in full operation the nearby area (1-70 miles) than h behalf of the Bureau of Corrections for in the near future. Notwithstanding, the receiving milk through distant countr; the Commonwealth of Pennsylvania. possibility of future emergencies arising supply plants. In fact, however, the dati Proponent’s spokesman pointed out that from equipment or power failures were did not include country-plant operatini Correctional Industries, a vocational recognized and proponent asked that the costs variously estimated by witnesses a training segment of the Bureau of Cor­ order be modified to accommodate the from 6 to 15 cents. When such costs ar rections within the Commonwealth of use of regulated plants for custom proc­ included, as they must be for valid com Pennsylvania Department of Justice, is a essing of the agency’s milk. panson of the cost of receiving mill self-sufficient and self-supporting entity Clearly, the operations of Correctional through country plants and directly a within the Commonwealth’s judicial sys­ Industries, like those of the University :^ Processing plants, it cannot be con tem. It operates five dairy farms. All of of Maryland and similar Government ciuaed that the direct-delivery differen the milk produced thereon is normally agencies, are for the purpose of advanc­ ¡Jr. “ h?* appropriately accomplishini processed in its own milk-processing ing the recognized function of the State its intended purpose. plant for distribution to facilities within in the public interest. These operations Data presented by the representative the Bureau of Corrections, to Common­ are not in the nature of operations of T«L+^notller • kandler receiving milk di wealth mental hospitals (one of which is proprietary handlers whose regulation is in the nearby arei the Philadelphia State Hospital, an insti­ necessary to effectuate the intent of the xrom both farms within and outside the tution within the marketing area), and Act. It was on this basis that the present zone would indicate that th to various other Government tax- provisions were adopted. For the identi­ «£ £ ? «« the direct-delivery dif supported institutions. cal reasons it is desirable that the order inor al , ^ case increased an exist Under normal operations, the move­ be amended so that a Government npavK^SPanty cost of receiving ment of milk through Correctional In­ agency can, if necessary, have access to nearby versus distant milk. However, i dustries’ own marketing system would a regulated plant for the processing of c m l 1S? vnclUded that this handler, be fall within the existing exemptions pro­ its milk, without incurring a pool e ihe particular location and cir vided for Government agency plants, and obligation.

No. 171---- 5 FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17584 PROPOSED RULE MAKING

The exempt milk provisions herein minations previously made in connection o f ascertaining whether the issuance of adopted are a logical and reasonable ex­ with the issuance of each of the afore­ the orders, as amended and as hereby tension of the present provisions of the said orders and of the previously issued proposed to be amended, regulating the order applicable to plants of Government amendments thereto; and all of said handling of milk in the aforesaid speci­ agencies. Their incorporation in the or­ previous findings and determinations are fied marketing areas, are approved or der will more fully implement the in­ hereby ratified and affirmed, except inso­ favored by producers, as defined under tent of the existing provisions. far as such findings and determinations the terms of each of the orders, as To the extent that any Government may be in conflict with the findings and amended and as hereby proposed to be agency delivers milk in any month in determinations set forth herein. amended, and who, during such repre­ excess of the volume processed and re­ The following findings are hereby sentative period, were engaged in the production of milk for sale within the turned to the agency plant in packaged made with respect to each of the afore­ respective marketing areas. form, such excess will be treated as an said tentative marketing agreements and other source receipt and assigned to the orders : Signed at Washington, D.C., on Au­ lowest available use class. On any such (a) The tentative marketing agree­ gust 27, 1971. milk so assigned to Class I, the processing ment and the order, as hereby proposed R ich ard E. L y n g , pool handler will have a pool obligation to be amended, and all of the terms and Assistant Secretary. computed at the difference between the conditions thereof, will tend to effectu­ Order1 Amending the Order, Regulating applicable Class I and Class I I prices. To ate the declared policy of the Act; the Handling of Milk in the Certain this extent there is no change in the (b) The parity prices of milk as de­ Specified Marketing Areas existing procedure. I f the processing termined pursuant to section 2 of the Act plant is a partially regulated distribut­ are not reasonable in view of the price F in d in g s and D eterminations ing plant, such excess also would be of feeds, available supplies of feeds, and The findings and determinations here­ treated as an other source receipt. other economic conditions which affect f inafter set forth are supplementary and To fully implement the purpose of the market supply and demand for milk in in addition to the findings and determi­ exempt milk provisions, the allocation the marketing area, and the minimum nations previously made in connection provisions are also modified to provide prices specified in the tentative market­ with the issuance of each of the afore­ for the subtraction of exempt milk ing agreement and the order, as hereby said orders and of the previously issued receipts from the processing plant’s gross proposed to be amended, are such prices amendments thereto; and all of said Class I disposition as one of the first as will reflect the aforesaid factors, in­ previous findings and determinations are steps in the allocation procedure. This is sure a sufficient quantity of pure and hereby ratified and affirmed, except in­ necessary to remove any possibility of a wholesome milk, and be in the public sofar as such findings and determina­ pool obligation on such milk. interest; and tions may be in conflict with the findings 6. Emergency action. In the notice of (c) The tentative marketing agree­ and determinations set forth herein. hearing it was pointed out that evidence ment and the order, as hereby proposed The following findings are hereby made would be taken to determine whether to be amended, will regulate the han­ with respect to each of the aforesaid emergency marketing conditions exist dling of milk in the same manner as, orders: that would warrant omission of a rec­ and will be applicable only to persons in (a) Findings. A public hearing was held ommended decision on issues 1 and 2 the respective classes of industrial and upon certain proposed amendments to (matters concerning classification and commercial activity specified in, a mar­ the tentative marketing agreements and butterfat differentials). keting agreement upon which a hearing to the orders regulating the handling of On the record, and without prior no­ has been held. milk in the aforesaid specified marketing tice, proponents of Order 2 amendments R u l in g s o n E x c e p t io n s areas. The hearing was held pursuant to involving shrinkage and direct delivery the provisions of the Agricultural Mar­ differentials (issues 3 and 4, respec­ In arriving at the findings and conclu­ sions, and the regulatory provisions of keting Agreement Act of 1937, as tively) , suggested that emergency action amended (7 U.S.C. 601 et seq.), and the apply also with respect to such issues. this decision, each of the exceptions re­ ceived was carefully and fully considered applicable rules of practice and proce­ It is not found on the basis of record dure (7 CFR Part 900), evidence that due and timely execution in conjunction with the record evidence. To the extent that the findings and con­ Upon the basis of the evidence intro­ of the action herein proposed for duced at such hearing and the record adoption, for each of the four orders, im­ clusions, and the regulatory provisions of thereof, it is found that: peratively and unavoidably requires the this decision are at variance with any of the exceptions, such exceptions are (1) The said order as hereby amended, waiving of a recommended decision and and all of the terms and conditions the consequent opportunity for inter­ hereby overruled for the reasons pre­ thereof, will tend to effectuate the de­ ested persons to file with the Hearing viously stated in this decision. clared policy of the Act; Clerk their exceptions. M a r k e t in g A g r e e m e n t an d O rder (2) The parity prices of milk, as de­ All such proposals for emergency termined pursuant to section 2 of the action, therefore, are denied. Annexed hereto and made a part here­ of are two documents, a marketing Act, are not reasonable in view of the R u l in g s o n P roposed F in d in g s and agreement regulating the handling of price of feeds, available supplies of feeds, C o n c l u s io n s milk, and an order amending the orders and other economic conditions which Briefs and proposed findings and con­ regulating the handling of milk in the affect market supply and demand for clusions were filed on behalf of certain in­ aforesaid specified marketing area, which milk in the said marketing area, and the terested parties. These briefs, proposed have been decided upon as the detailed minimum prices specified in the order as findings and conclusions and the evi­ and appropriate means of effectuating hereby amended, are such prices as will dence in the record were considered in the foregoing conclusions. reflect the aforesaid factors, insure a making the findings and conclusions set It is hereby ordered, That this entire sufficient quantity of pure and wholesome forth above. To the extent that the sug­ decision, except the attached marketing milk, and be in the public interest; and gested findings and conclusions filed by agreement, be published in the F ederal (3) The said order as hereby amended interested parties are inconsistent with R eg ist e r . The regulatory provisions of regulates the handling of milk in the the findings and conclusions set forth the marketing agreement are identical same manner as, and is applicable only herein, the requests to make such find­ with those contained in the order as to persons in the respective classes of in­ ings or reach such conclusions are denied hereby‘proposed to be amended by the dustrial or commercial activity specified for the reasons previously stated in this attached order which is published with decision. this decision. 1 This order shall not become effective un­ G e n e r a l F in d in g s D etermination o f P roducer A ppr o val less and until the requirements of § 900. of the rules of practice and procedure gov­ an d R epresentative P erio d The findings and determinations here­ erning proceedings to formulate marketing inafter set forth are supplementary and is hereby determined to be agreements and marketing orders have bee in addition to the findings and deter- the representative period for the purpose met.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 PROPOSED RULE MAKING 17585 in, a marketing agreement upon which a office and by such other means as he sert mixes, whipped topping mixtures, hearing has been held. deems appropriate): evaporated milk, plain or sweetened con­ Order relative to handling. It is there­ (1) By the 5th day of the month: densed milk or skim milk, sterilized milk fore ordered that on and after the effec­ (1) The Class I price for the current or milk products in hermetically sealed tive date hereof the handling of milk in month; containers, and any product which con­ each of the specified marketing areas (ii) The Class I I price and the butter­ tains 6 percent or more nonmilk fat (or shall be in conformity to and in compli­ fat differential for the preceding month, o il)). Provided, That when any fluid milk ance with the terms and conditions of as computed under §§ 1001.61 and 1001.71 product is fortified with nonfat milk each of the orders, as amended, and as (b), respectively; solids, the amount of skim milk to be hereby amended, as follows: (2) By the 13th day of each month, included within this definition shall be The provisions of the proposed market­ the zone blended prices resulting from only that amount equal to the weight of ing agreements and order amending each - the adjustment of the basic blended price skim milk in an equal volume of an un­ of the specified orders contained in the for the preceding month, as computed modified product of the same nature and recommended decision issued by the under § 1001.65, by the zone differentials butterfat content. Deputy Administrator, Regulatory Pro­ contained in § 1001.62(d); and 2. Section 1002.22 is revised as follows: grams, on July 26, 1971, and published (3) [Reserved] § 1002.22 Additional duties o f the mar­ in the F ederal R eg ister on July 29, 1971, (4) Whenever required for purpose of (36 F.R. 14006) shall be and are the terms assigning receipts from other Federal or­ ket administrator. and provisions of of this order, amending der plants under § 1001.56(b), his esti­ In addition to the duties specified in the orders, and are set forth-in full mate of the utilization (to the nearest § 1000.3(c) of this chapter, the market herein, subject to the following modifica­ whole percentage) in each class during administrator shall perform the follow­ tions: Revisions involving only certain the month of butterfat and skim milk, ing duties: portions of a section have been redrafted, respectively, in producer milk of all (a) through (h) [Reserved] incorporating the entire text of the sec­ handlers. Such estimate shall be based (i) Maintain a main office and such tion for purposes of clarity. No substan­ upon the most current available data and branch offices as may be necessary; tive changes are involved. shall be final for such purpose. (j) Promptly notify a handler, upon (k) He shall place the sums deductedreceipt of the handler’s written request PART 1001— MILK IN THE BOSTON under § 1001.65(c) and retained under therefor, of his determination; as to whether one or more plants exist at a REGIONAL MARKETING AREA § 1001.80 in an interest-bearing bank ac­ count or accounts in a bank or banks specified location, as to whether any 1. Section 1001.22 is revised as follows: duly approved as a Federal depository for specified item constitutes a part of the handler’s plant, or as to which plant a § 1001.22 Fluid milk products. such sums, or invest them in short-term U.S. Government securities. specified item is a part in the event that “Fluid milk products” means milk, the particular premises in question con­ skimmed milk, flavored milk or skimmed § 1001.70 [Am ended] stitutes more than one plant: Provided, milk, cultured skimmed milk, buttermilk, 4. In § 1001.70 Payments to producers, That if the request of the handler is for filled milk, concentrated milk, and any paragraph (d) is revoked; the paragraph revision or affirmation of a previous de­ mixture of milk or skimmed milk and designation is reserved for future termination, there is set forth in the re­ cream containing less than 10 percent assignment. quest a statement of what the handler butterfat. The term includes these 5. Section 1001.71 is revised as follows: believes to be the changed conditions products in fluid, frozen, fortified, or re­ § 1001.71 Butterfat differential. which made a new determination neces­ constituted form but does not include sary. I f a handler has been notified in sterilized products in hermetically sealed (a) In making the payments to pro­ writing of a determination With respect containers and such products as eggnog, ducers required under § 1001.70 and the to an establishment operated by him, yogurt, whey, ice cream mix, ice milk payments to cooperative associations re­ any revision of such determination shall mix, milk shake base mix, evaporated or quired under § 1001.76(d), each handler not be effective prior to the date on condensed milk -or skimmed milk, in shall add for each one-tenth of 1 percent which such handler is notified of the either plain or sweetened form, and any of average butterfat content above 3.5 revised determination; product which contains 6 percent or percent, or may ^deduct for each one- (k) [Reserved] more nonmilk fat (or oil). Fluid milk tenth of 1 percent of average butterfat (l) Place the sums deducted under products which have been placed in con­ content below 3.5 percent, as a butterfat § 1002.71(c) and retained pursuant to tainers for disposition to retail or whole­ differential, an amount per hundred­ § 1002.83 in an interest-bearing account sale outlets are referred to in this part as weight which shall be computed by the or accounts in a bank or banks duly packaged fluid milk products. market administrator under paragraph approved as a Federal depository for (b) of this section. 2. Section 1001.23 is revised as follows: such sums, or invest them in short-term (b) Multiply by 0.115 and round to U.S. Government securities. § 1001.23 Cream. the nearest one-tenth cent the simple (m) On or before the date specified, or “Cream”, for purposes of this part, average of the daily wholesale selling the next succeeding work day in any means that portion of milk, containing prices (using the midpoint of any price month in which such date is a Sunday not less than 10 percent butterfat, which range as one price) per pound of Grade A or holiday, publicly announce the rises to the surface of milk on standing, (92-score) bulk creamery butter at Chi­ following: or is separated from it by centrifugal cago, as reported by the Department for (1) The 5th day of each month: force. The term also includes soured the month. (i) The Class I price for the current cream, frozen cream, fortified cream, re­ month and the Class II price for the constituted cream, and any mixture of preceding month computed pursuant to milk or skimmed milk and cream con­ PART 1002— MILK IN NEW YORK- § 1002.50, both as applicable at the 201- taining 10 percent or more of butterfat. NEW JERSEY MARKETING AREA 210-mile zone and at the 1-10-mile zone; 3. Section 1001.32 is revised as 1. Section 1002.15 is revised as follows: (ii) The butterfat differential for the follows: preceding month computed pursuant to § 1002.15 Fluid milk product. § 1002.81; § 1001.32 Additional duties o f the “Fluid milk product” means all skim (iii) [Reserved] market administrator. milk and butterfat in the form of milk, (iv) The average price per hundred­ In addition to the duties specified in fluid skim milk, filled milk, cultured or weight for manufacturing grade milk, 8 1000.3(c) of this chapter, the market flavored milk drinks (except eggnog and f .o.b. plants in Wisconsin and Minnesota, administrator shall perform the follow­ yogurt), concentrated fluid milk disposed as reported by the U.S. Department of ing duties : of in consumer packages, and any mix­ Agriculture for the preceding month; (a) through (i) [Reserved] ture of cream, milk, or skim milk con­ (v) The simple average of the daily (j) He shall publicly announce (bytaining less than 10 percent butterfat wholesale selling prices (using the mid­ Posting in a conspicuous place in his (other than frozen desserts, frozen des- point of any price range as one price) of

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17586 PROPOSED RULE MAKING

Grade A (92-score) bulk creamery butter of 1 percent of average butterfat content under § 1015.63(d), each handler shall per pound at Chicago, as reported by the below 3.5 percent, as a butterfat differ­ add or subtract for each one-tenth of U.S. Department of Agriculture for the ential an amount per hundredweight 1 percent that the average butterfat con­ preceding month. which shall be computed by the market tent of milk received from producers or (vi) The weighted average of carlot administrator as follows: Multiply by the overage is above or below 3.5 percent, prices per pound for nonfat dry milk 0.115 and round to the nearest one- respectively, an amount per hundred­ solids, spray process, for human con­ tenth cent the simple average of the weight which shall be computed by the sumption, f.o.b. manufacturing plants in daily wholesale selling prices (using the market administrator as follows: Multi­ the Chicago area, as published by the midpoint of any price range as one price) ply by 0.115 and round to the nearest U.S. Department of Agriculture for the per pound of Grade A (92-score) bulk one-tenth cent the simple average period from the 26th day of the second creamery butter at Chicago, as reported of the daily wholesale selling prices preceding month through the 25th day by the Department for the month. (using the midpoint of any price range of the preceding month. as one price) per pound of Grade A (92- (2) The 15th day of each month, the PART 1015— MILK IN THE score) bulk creamery butter *at Chicago, uniform price for the preceding month CONNECTICUT MARKETING AREA as reported by the Department for the pursuant to § 1002.71 applicable at the month. 201-210-mile zone and at the 1-10-mile 1. Section 1015.22 is revised as follows: [PR Doc.71-12831 Piled 9-l-71;8:45 am] zone pursuant to § 1002.82. § 1015.22 Fluid milk products. 3. Section 1002.81 is revised as follows: “Fluid milk products” means milk, [ 7 CFR Part 1004 1 § 1002.81 Butterfat differential. skimmed milk, flavored milk or skimmed [Docket No. AO-160-A47] The butterfat differential for the milk, cultured skimmed milk, buttermilk, adjustment of prices as specified in this filled milk, concentrated milk, and any MILK IN THE MIDDLE ATLANTIC part shall be plus or minus for each one- mixture of milk or skimmed milk and MARKETING AREA tenth of 1 percent of butterfat therein cream containing less than 10 percent above or below 3.5 percent an amount butterfat. The term includes these Notice of Hearing on Proposed computed as follows: Multiply by 0.115 products in fluid, frozen, fortified, or re­ Amendments to Tentative Market­ and round to the nearest one-tenth cent constituted form but does not include ing Agreement and Order the simple average of the daily wholesale sterilized products in hermetically sealed selling prices (using the midpoint of any containers and such products as eggnog, Notice is hereby given of a public hear­ price range as one price) per pound of yogurt, whey, ice cream mix, ice milk ing to be held in the Caesar’s Forum, Grade A (92-score) bulk creamery butter mix, milk shake base mix, evaporated or Holiday Inn “Downtown”, Howard and at Chicago, as reported by the Depart­ condensed milk or skimmed milk in Lombard Streets, Baltimore, Md., begin­ ment for the month. either plain or sweetened form, and any ning at 10 a.m. on , 1971, product which contains 6 percent or with respect to proposed amendments to more nonmilk fat (or o il). Fluid milk the tentative marketing agreement and PART 1004— MILK IN THE MIDDLE products which have been placed in con­ to the order, regulating the handling of ATLANTIC MARKETING AREA tainers for disposition to retail or whole­ milk in the Middle Atlantic marketing area. 1. In § 1004.16, a new paragraph (h) is sale outlets are referred to in this part as packaged fluid milk products. The hearing is called pursuant to the added as follows: 2. Section 1015.23 is revised as follows: provisions of the Agricutural Marketing § 1004.16 Milk and milk products. Agreement Act of 1937, as amended (7 * * , * # * § 1015.23 Cream. U.S.C. 601 et seq.), and the applicable (h) “Exempt milk” means bulk fluid “ Cream,” for purposes of this part, rules of practice and procedure govern­ milk products received at a pool plant or means that portion of milk containing ing the formulation of marketing agree­ a partially regulated distributing plant not less than 10 percent butterfat which ments and marketing orders (7 CFR Part from the plant of a handler pursuant to rises to the surface of milk on standing, 900). § 1004.10(e) for processing and packag­ or is separated from it by centrifugal The purpose of the hearing is to re­ ing and for which an equivalent quantity force. The term also includes soured ceive evidence with respect to the eco­ of packaged fluid milk products is re­ cream, frozen cream, fortified cream, re­ nomic and marketing conditions which turned to such handler during the month. constituted cream, and any mixture of relate to the proposed amendments, here­ inafter set forth, and any appropriate 2. In § 1004.46, paragraphs (a) (2) and milk or skimmed milk and cream con­ taining 10 percent or more of butterfat. modifications thereof, to the tentative (5) (iv) are revised as follows: marketing agreement and to the order. § 1004.46 Allocation o f skim milk and 3. Section 1015.51 is revised as follows: The proposed amendments, set forth butterfat classified. § 1015.51 Class 1 milk. below, have not received the approval of * .* * * * Class I milk shall be all skim milk and the Secretary of Agriculture. Proposed by Pennmarva Dairymen’s (a) * * butterf at (including that used to produce concentrated m ilk ): Cooperative Federation, Inc.: (2) Subtract from the total pounds of Proposal No. 1. Provide for an adver­ skim milk in Class I, the pounds of skim (a) Disposed of in the form of fluid milk products other than as specified in tising and promotion program for milk milk in receipts of certified milk in pack­ products under the order. The following aged form and receipts of exempt milk; § 1015.52; or (b) [Reserved] amendments are proposed as a means of * * * * * achieving this objective: (c) Not established as Class II milk (5) ** * * 1. In § 1004.22 Additional duties of under § 1015.52. (iv) Receipts (othet than exempt the market administrator, add the fol­ 4. In § 1015.52, paragraph (a) is re­ lowing three paragraphs :< milk) of fluid milk products from a vised as follows: handler pursuant to § 1004.10(c): (g) Make payments to producers who § 1015.52 Class II milk. demand a refund of funds deducted pur­ * * * * * * * * * * suant to § 1004.71(c) ; 3. Section 1004.81 is revised as follows: (a) Disposed of as cream; (h) Conduct a referendum pursuant § 1004.81 Butterfat differential. * * * * * to § 1004.103; and In making the payments to producers 5. Section 1015.71 is revised as follows: (i) Audit the activities of the Agency and cooperative associations required as authorized under § 1004.101. pursuant to § 1004.80, each handler shall § 1015.71 Butterfat differential. 2. In § 1004.71, add a new paragraph add for each one-tenth of 1 percent of In making the payments to pro­ (c), as follows: average butterfat-content above 3.5 per­ ducers and cooperative associations re­ (c) Subtract five (5) cents per hun­ cent, or may deduct for each one-tenth quired under § 1015.70 or for overages dredweight to be transferred to the

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 PROPOSED RULE MAKING 17587

Agency organized pursuant to § 1004.101. and producers not members of coopera­ (1) Paying the expense of admin­ Such funds are to be used for: (1) Estab­ tive associations shall be divided by the istering the Agency; lishing or providing for the establish­ Market Administrator into geographic (2) Determining which organizations ment of research and development proj­ areas containing five (5) percent of the should be utilized, the amount of money ects, and advertising' (excluding brand total number of producers in the order. which each such organization should re­ advertising), sales promotion, educa­ The Market Administrator shall conduct ceive for carrying out research and de­ tional, and other programs, designed to a referendum to determine the repre­ velopment projects, advertising (exclud­ improve and promote the domestic mar­ sentative from each such area to the ing brand advertising), sales promotion, keting and consumption of milk and its Agency. After the program has been in educational and other programs de­ products; (2) establishing a reserve to effect for T year, the areas shall be ad­ signed to improve or promote the do­ refund producers pursuant to § 1004.107; justed to include only producers who mestic marketing and consumption of and (3) compensating the Market Ad­ have not requested a refund. Each per­ milk and its products and making pay­ ministrator for auditing pursuant to son selected to serve on the Agency shall ment to such organizations for these § 1004.22(i ) . qualify by filing a written acceptance purposes; and 3. In § 1004.84 Producer-settlement with the Market Administrator promptly (3) Publishing annually an account­ fund, immediately following the refer­ after being notified of such selection. ing of such funds collected and a state­ ence “ § 1004.62”, add the reference ment of the use made of such funds. “§1004.71(0” . § 1004.104 Term o f office. (g) To keep minutes, books, and rec­ 4. In § 1004.86, add a new paragraph The term of office for persons serving ords and to submit books and records as follows: “ The Market Administrator on the Agency shall be 1 year or until for examination by the Secretary and shall pay to the Agency such funds col­ a replacement is elected or designated by furnish any information and reports re­ lected pursuant to § 1004.71(c)” . the cooperative. quested by the Secretary; 5. The following proposed amendments § 1004.105 Procedure. (h) To prepare and make available for 5A, 5B, etc., concern the addition of new the benefit of producers, handlers, and A majority of the Agency members §§ 1004.101 thru 1004.116 to the order: consumers, statistics and information shall constitute a quorum and any action concerning the operation of programs; § 1004.101 Agency. of the Agency shall require a majority and Agency means an organization of pro­ of concurring votes of those present and (i) When desirable, to establish ad­ ducers or producers’ representatives ap­ voting. visory committees of persons other than proved by the Secretary and authorized § 1004.106 Compensation and reim­ Agency members. to expend funds deducted pursuant to bursement. § 1004.109 Procedure for requesting § 1004.71(c) for the purposes of estab­ Members of the Agency shall serve refunds. lishing or providing for the establishment without compensation but shall be reim­ A producer who is not in favor of of research and development projects bursed for reasonable expenses incurred and advertising (excluding brand adver­ supporting a research and promotion by them in the performance of duties program, as provided for herein, shall tising) , sales promotion, educational and as members of the Agency. other programs, approved by the Secre­ have the right to receive a refund of tary designed to improve or promote the § 1004.107 Powers of the Agency. such assessment by writing to the Mar­ domestic marketing and consumption of ket Administrator in the following (a) To administer the terms and pro­ manner: milk and its products. visions of programs pursuant to § 1004.- (a) The request should be submitted § 1004.102 Composition of the Agency. 101 ; (b) To make rules and regulations on a form provided by the Market Administrator. The Agency shall be composed as to effectuate the purposes of Public follows: Law 91-670; (b) The request should be submitted (a) Each cooperative association Or (c) To recommend amendments to within the first days of December, combination of cooperative associations the Secretary. March, June, or September for milk will be authorized one representative for which will be marketed during the ensu­ each full five (5) percent of the total § 1004.108 Duties. ing calendar quarter beginning on the number of producers in this Order which The Agency shall perform all duties first day of January, April, July, and such cooperative represents; provided necessary to carry out the terms and October,. respectively. that after the program has been in effect provisions of this program including but (c) The request should be properly 1 year, the number of representatives not limited to those specified in this notarized. shall be based on the number of pro­ section; §1004.110 Research and promotion. ducers who have not requested refunds. (a) To meet and organize and to se­ (b) Cooperatives with less than five lect from among its members a chairman The Agency shall develop and submit (5) percent of the total number of pro­ and such other officers as may be neces­ to the Secretary for approval any pro­ ducers in this order who have not elected sary; to select committees; and to adopt grams or projects authorized in this sec­ to combine and producers who are not and make public such rules for the tion. Such programs or projects shall members of cooperatives shall be au­ conduct of its business; provide for: thorized one representative of each full (b) To employ and fix the compensa­ (a) The establishment, issuance, ef­ five (5) percent of the total number of tion of any person deemed necessary fectuation, and administration of appro­ producers. to accomplish the exercise of powers priate programs or projects for the and performance of duties; advertising and promotion of milk and §1004.103 Selection of members to the (c) To establish the rate of reimburse­ milk products on a nonbrand basis; agency. ment to the members of the Agency for (b) The utilization of the services of Each cooperative authorized one or expenses in attending meetings; the American Dairy Association, local more representatives to the Agency shall (d) To require all persons handling Dairy Councils and the National Dairy notify the Market Administrator of the Agency funds to be bonded in an amount Council for programs and projects where name and address of each representative and with surety thereon satisfactory such activities benefit Order 4 producers: who shall serve at the pleasure of the to the Secretary; and cooperative. Cooperatives with less than (e) To publish a budget which shall (c) The establishment, support, and five (5) percent of the producers in the show the projected amounts to be col­ conduct of research and development order may combine their producer mem­ lected and disbursed by the Agency projects and studies to the end that the bership; and if such combined total prior to each quarterly period and to marketing and utilization of milk may be exceeds five (5) percent they shall be submit such budget to the Secretary, if encouraged, expanded, improved or made eligible to select a representative to the required. more efficient. The benefits of such pro­ Agency. Cooperatives with less than five (f) To make payments from moneys grams should be available equally to all (*>) percent of the producers in the order collected by the order for: Order 4 producers.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17588 PROPOSED RULE MAKING

§ 1004.111 Influencing governmental ton Street, Alexandria, VA 22314, or from Signed at Washington, D.C., on Au­ action. the Hearing Clerk, Room 112-A, Admin­ gust 27,1971. No funds collected by the Agency under istration Building, U.S. Department of J o h n C. B l u m , this part shall in any manner be used for Agriculture, Washington, D.C. 20250, or Deputy Administrator, political activity or for the purpose of may be there inspected. Regulatory Programs. influencing governmental policy or action Signed at Washington, D.C., on August [FR, Doc.71-12883 Filed 9-l-71;8:50 am] except in recommending to the Secretary 27,1971. amendments to this part. J o h n C. B l u m , § 1004.112 Limitation of expenditure Deputy Administrator, by the Agency. Regulatory Programs. DEPARTMENT OF No more than five (5) percent of the [FR Doc.71-12882 Filed 9-1-71;8:50 am] money deducted from producer funds or TRANSPORTATION advertising projects should be utilized [ 7 CFR Part 1133 1 Federal Aviation Administration by the Agency for administration of the Agency. MILK IN THE INLAND EMPIRE E14 CFR Part 71 1 [Airspace Docket No. 71-RM-12] § 1004.113 Confidential treatment. MARKETING AREA All information obtained from such Notice of Proposed Suspension of CONTROL ZONE AND TRANSITION books, records, or reports shall be kept Certain Provisions of the Order AREA confidential by all officers and employees Proposed Alteration of the Department of Agriculture and of Notice is hereby‘given that, pursuant the Agency, and by all contractors and to the provisions of the Agriculural Mar­ The Federal Aviation Administration Agents retained by the Agency, and only keting Agreement Act of 1937, as is considering amendments to Part 71 of such information so furnished or ac­ amended (7 U.S.C. 601 et seq:), the sus­ the Federal Aviation Regulations that quired as the Secretary deems relevant pension of certain provisions of the would alter the descriptions of James­ shall be disclosed by them, and then only order regulating the handling of milk in town, N. Dak., control zone and transi­ in a suit or an administrative hearing the Inland Empire marketing area is tion area. brought at the direction, or upon the re­ being considered for . Interested persons may participate in quest, of the Secretary, or to which he or All persons who desire to submit writ­ the proposed rule making by submitting any officer of the United States is a party, ten data, views, or arguments in connec­ such written data, views, or arguments and involving this program. Nothing in tion with the proposed suspension should as they may desire. Communications this section shall be deemed to prohibit file the same with the Hearing Clerk, should be submitted in triplicate to the (a) the issuance of general statements Room 112-A, Administration Building, Chief, Airspace and Procedures Branch, based upon the reports of a number of U.S. Department of Agriculture, Wash­ Federal Aviation Administration, 5651 producers subject to this program, which ington, D.C. 20250, not later than 7 days West Manchester Avenue, Post Office statements do not identify the informa­ from the data of publication of this no­ Box 92007, Worldway Postal Center, Los tion furnished by any person, or (b) the tice in the F ederal R e g ist e r . All docu­ Angeles, CA 90009. All communications publication by direction of the Secretary, ments filed should be in quadruplicate. received within 30 days after publication of the name of any person violating this All written submissions made pursuant of this notice in the F ederal R egister program, together with a statement of to this notice will be made available for will be considered before action is taken the particular provisions of this program public inspection at the office of the on the proposed amendments. No pub­ violated by such persons. Hearing Clerk during regular business lic hearing is contemplated at this time, but arrangements for informal confer­ §1004.114 Personal liability. hours (7 CFR 1.27(b)). The provisions proposed to be sus­ ences with Federal Aviation Administra­ No member of the Agency shall be held pended for September 1971 are: tion officials may be made by contacting personally responsible, either individually 1. In § 1133.12(c) (1), “ and 20 percent the Regional Air Traffic Division Chief. or jointly with others, in any way what­ Any data, views, or arguments presented soever to any person for errors in judg­ in the months of September through No­ vember,” and during such conferences must also be ment, mistakes, or other acts, either of submitted in writing in accordance with commission or omission, as such member 2. In § 1133.12(c) (5), “ Producers this notice in order to become part of except for acts of willful misconduct, eligible for diversion in the months of the record for consideration. The pro­ gross negligence or those which are crim­ September, October, or November must posals contained in this notice may be inal in nature. in addition have their milk received at a changed in the light of comments pool plant on at least 6 days (3 days in § 1004.115 Liquidation. received. the case of every-other-day delivery) A public docket will be available for In the event that the provisions of this during the current month; and” . examination by interested persons in the program are terminated, any remaining The proposed suspension would permit office of the Regional Counsel, Federal funds shall revert to the producer settle­ a cooperative to divert producer milk Aviation Administration, 5651 West ment fund of § 1004.84. from a pool plant to a nonpool plant Manchester Avenue, , CA I f any provisions of this program or its during September 1971 without limit if 90045. application to any person or circum­ the milk of such producer had been re­ The airspace requirements for James­ stance is held invalid, the application of ceived at the pool plant prior to diver­ town Municipal Airport, N. Dak., have the provision and all the remaining sion from such plant (but not necessar­ been reviewed in accordance with criteria provisions of this program due other per­ ily in the current month). contained in U.S. Standards for Termi­ sons or circumstances shall not be Ef­ A cooperative representing a substan­ nal Instrument Procedures (TERP’s). fected thereby. tial number of producers on the market The review revealed that additional con­ Proposed by the Dairy Division, .Con­ requested the suspension. The basis for trol zone, 700-foot and 1,200-foot transi- sumer and Marketing Service—Proposal the cooperative’s request is that current ion area are required. No. 2. Make such changes as may be conditions in the market require it to The additional airspace is required to necessary to make the entire marketing handle a disproportionate share of an jrovide controlled airspace protection for agreement and the order conform with increasing quantity of reserve supplies of lircraft executing prescribed instrument any amendments thereto that may result milk for the market. Without the pro­ from this hearing. posed suspension, the cooperative claims Airport. Copies of this notice of hearing and it would be forced to make uneconomic In consideration of the foregoing, the the order may be procured from the Mar­ movements of milk to qualify it for FAA proposes the following airspace ket Administrator, 710 South Washing­ pooling. actions.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 PROPOSED RULE MAKING 17589

In § 71.171 (36 P.R. 2055) the descrip­ officials may be made by contacting the forth August 25, 1971, as the timely date tion of the Jamestown, N. Dak., control Chief, Airspace and Procedures Branch. for filing comments, and , zone is amended to read as follows: Any data, views, or arguments presented 1971, as the closing date on which to file Jam esto w n, N. D a k . during such conferences must also be any replies to such comments. submitted in writing in accordance with 2. The Electronic Industries Associa­ Within a 5-mile radius of Jamestown Mu­ this notice in order to become part of the nicipal Airport (latitude 46°55'55" N., longi­ tion, by its petition dated , 1971, tude 98°40'40" W .); within 3 miles each side record for consideration. The proposal requested that the Commission extend of the Jamestown VORTAC 140° radial, ex­ contained in this notice may be changed the closing date for submission of com­ tending from the 5-mile-radius zone to 7.5 in light of comments received. ments to October 25,1971. A similar peti­ miles southeast of the VORTAC; and within The official docket will be available for tion was received from the International 3 miles each side of the Jamestown VORTAC examination by interested persons at the Tape Association, Inc. (IT A ), dated 308° radial, extending from the 5-mile-radius Federal Aviation Administration, South­ , 1971. zone to 8 miles northwest of the VORTAC. ern Region, Room 724, 3400 Whipple 3. The EIA, in its petition, states that In § 71.181 (36 F.R. 2140) the descrip­ Street, East Point, GA. the additional time is required for the in­ tion of the Jamestown, N. Dak., transi­ The Washington transition area would dustry to prepare an adequate response tion area is amended to read as follows: be designated as: because the data must be prepared in an Jam esto w n , N. D a k . That airspace extending upward from 700 area involving a number of systems, feet above the surface within an 8.5-mile manufacturers are in various stages of That airspace extending upward from 700 radius of Warren Field (lat. 35°34'15" N., product development and each member feet above the surface within an 8.5-mile long. 77°03'00" W .); within 3 miles each side radius of Jamestown Municipal Airport (lati­ of the industry must evaluate the full of the 156“ bearing from Wanoca RBN (lat. production impact of implementing the tude 46°55'55" N., longitude 98°40'40" W .); 35°32'40" N., long. 77°02'00'' W .), extending and that airspace extending upward from from the 8.5-mile-radius area to 8.5 miles systems envisioned by the FCC proposed 1,200 feet above the surface within a 17-mile south of the RBN. rule making. radius of Jamestown Municipal Airport; and 4. The International Tape Association, within 4.5 miles southwest and 9.5 miles The proposed designation is required to Inc., describes itself as an international northeast of the Jamestown VORTAC 140° provide controlled airspace protection for trade association comprised of some 112 radial, extending from the 17-mile-radius IFR operations at Warren Field. A pre­ area to 18.5 miles southeast of the VORTAC; members in the tape and information scribed instrument approach procedure storage medium industry. Its member­ and within 4.5 miles northeast and 9.5 miles to this airport, utilizing the Wanoca southwest of the Jamestown VORTAC 308° ship includes foreign as well as domestic radial, extending from the 17-mile-radius (private) Nondirectional Radio Beacon, manufacturers, many of whom are pres­ area to 18.5 miles northwest of the VORTAC. is proposed in conjunction with the desig­ ently engaged or planning to enter the nation of this transition area. These amendments are propo d under institutional and home videoplayer This amendment is proposed under the market. the authority of section 307(a) of the authority of section 307(a) of the Federal 5. In its petition IT A explains that this Federal Aviation Act of 1958, as amended Aviation Act of 1958 (49 U.S.C. 1348(a)) (49 U.S.C. 1348(a)), and of section 6(c) and of section 6(c) of the Department of rule making first came to its attention on July 30,1971. In view of its foreign mem­ of the Department of Transportation Act Transportation Act (49 U.S.C. 1655(c)). (49 U.S.C. 1655(c)). bership whose engineering staffs are Issued in East Point, Ga., on August 24, overseas, IT A finds it impossible to con­ Issued in Aurora, Colo., on August 24, 1971. 1971. vene a meeting of its Video Committee to J a m e s G . R o g e r s , consider this rule making prior to Au­ C. D. R ea, Director, Southern Region. gust 25, 1971—the closing date for com­ Acting Director, ments. Rocky Mountain Region. [FR Doc.71-12872 Filed 9-l-71;8:49 am] 6. Within reasonable limits, the Com­ [FR Doc.71-12871 Filed 9-l-71;8:49 am] mission wishes to give all interested par­ ties ample time in which to study any of [14 CFR Pari 71 1 FEDERAL COMMUNICATIONS its proposals and to evaluate all com­ ments thereon, and to furnish definitive [ Airspace Docket No. 71-SO-140] COMMISSION information on which a decision may be TRANSITION AREA based. The Commission is persuaded I 47 CFR Parts 1, 15 1 that both EIA’s and IT A ’s requests are Proposed Designation [Docket No. 19281; RM-1610] reasonable and that the grant of the re­ The Federal Aviation Administration quested extension of time for filing com­ is considering an amendment to Fart 71 ELECTRONIC VIDEO RECORDERS ments in Docket 19281 is warranted. of the Federal Aviation Regulations that Order Extending Time for Filing 7. Therefore, It is ordered, That, pur­ suant to the provisions set out in § 1.46 would designate the Washington, N.C., Comments transition area. of the Commissions rules and regulations, Interested persons may submit such In the matter of amendment of Part 15 the closing date for submission of com­ written data, views, or arguments as they of the Commission’s rules to regulate the ments in the notice of proposed rule may desire. Communications should be operation of a Class I TV device— a new making in Docket 19281 is extended to submitted in triplicate to the Federal restricted radiation device which pro­ October 26, 1971, and the date for filing Aviation Administration, Southern Re­ duces an RF carrier modulated by a TV of reply comments is extended to Novem­ gion, Air Traffic Division, Post Office Box signal, and amendment of Part 1 to pro­ ber 8, 1971. The subject petitions are 20636, Atlanta, GA 30320. All communi­ vide a fee schedule for type approval of hereby granted. cations received within 30 days after pub­ such devices. lication of this notice in the F e d e r a l 1. In a notice of proposed rule making Adopted: August 26,1971. R e g is t e r will be considered bef ore action (36 F.R. 13793, July 24,1971), adopted on .Released: August 27, 1971. is taken on the proposed amendment. No July 14, 1971, concerning Class I TV de­ hearing is contemplated at this time, but vices (new restricted radiation devices [ s e a l ] R i c h a r d E . W i l e y , arrangements for informal conferences which produce an RF carrier modulated General Counsel. with Federal Aviation Administration by a TV signal), the Commission set [FR Doc.71-12920 Filed 9-1-71;8:53 am ]

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17590 Notices

Sec. 11; MONTANA Sec. 12; DEPARTMENT OF THE INTERIOR Sec. 13, lots 3 to 14, inclusive; Order Providing for the Opening of Bureau of Land Management Sec. 14*' Public Lands Sec. 15! lots 1, 2, 3,4, Ey2, E& W & 5 CALIFORNIA Sec. 16; A u g u s t 26, 1971. Sec. 21, lots 1, 2,3,4, E y2; 1. In an exchange of lands made un­ Notice of Filing of Plats of Survey and Sec. 22, lots 1 to 7 inclusive, N E 14, E y2 Order Providing for Opening of Lands N W yt, NE 1 4 S W1 4 , N i/ 2 SE y4; der the provisions of section 8 of the Act Sec. 23, lots 1 to 12, inclusive; of June 28, 1934 (48 Stat. 1269), as A u g u s t 27,1971. Sec. 24, lots 1 to 16, inclusive; amended (43 U.S.C. 315g) the following 1. The Plats of Survey of lands de­ Sec. 26, lots 1,2, 3,4; described lands have been reconveyed to scribed below will be officially filed at Sec. 27, lots 2, 3, 4, 5, 6, N ^ N E ^ , S W & the United States: the Riverside District and Land Office NE14.NW1/4; P rincipal M eridian, M ontana effective 10 a.m. on October 11,1971.- Sec. 28, lots 1 to 6, inclusive. T. 30 S., R. 39 E., T. 3 N., R. 25 E., M o u n t D iablo Meridian, California Sec. 6, lots 3 to 17, inclusive; Sec. 5, lots 1, 2, 3, and 4, S ^ N ^ , and Sy2. T. 30 S., R. 38 E., Sec. 7, lots 1 to 16, inclusive; The area described contains 641.64 sec. i, lots i, 2,3,4, sy2Ny2, sy2; Sec. 18, lot 3. Sec. 2, lots 1,2, 3,4, Sy2N% , Sy2; acres. Sec. 3, lots 3 to 9, inclusive, W y2 SE %; 4. Subject to any existing valid rights 2. The land is located in Yellowstone Sec. 8 , lots 1,2,3,4; \ and the requirements of applicable laws, County. Its topography varies from slop­ Sec. 9, lots 1 to 12, inclusive; the above-described lands are hereby ing scattered rimrock to gentle slopes. Sec. 10, lots 1 to 8 , inclusive, S ^ N E ^ , opened to filing of applications, selec­ It has a grassland aspect. Stockwater is SE^NWi4, Ey2SWV4, SE& ; tions, and location, except as provided available at times. Sec. 11; Sec. 12; for in paragraph 3, in accordance with 3. Subject to valid existing rights, the Sec. 13, lots 3 to 14, inclusive; the following: provisions of existing withdrawals, and Sec. 14; Applications and selections under the the requirements of applicable law, the Sec. 15, lots 1,2,3,4, E y2, Ey2w y 2; nonmineral public land laws may be pre­ lands are hereby opened to application, Sec. 16; ' ' . . sented to the office mentioned below, be­ petition, location, and selection. All valid Sec. 17, lots 1,2,3,4; ginning on the date of the order. Such applications received at or prior to 10 Sec. 21, lots 1 to 5, inclusive, E% ; am. on September 30,1971, shall be con­ Sec. 22, lots 1 to 7, inclusive, N E 1^, Ey2 applications, selections, and offers will be NW>/4, N E 1/4 SW % , Ny2SEi4 ; considered as filed on the hour and re­ sidered ns_ simultaneously filed at that Sec. 23, lots 1 to 12, inclusive, S W ^ N E ^ , spective dates shown for the various time. Those received thereafter shall be SWy4 NWy4, NW%SWi4; classes enumerated in the following considered in the order of filing. Sec. 24, lots 1 to 16, inclusive; paragraphs: Applications by persons 4. The mineral rights in the lands Sec. 26, lots 1 to 5, inclusive; having prior existing valid settlement were not exchanged. Therefore, the min­ Sec. 27, lots 2, 3, 4, 5, 6 , N^NE^, SW^ rights, preference rights conferred by eral status of the lands are not affected NE% , N W % ; by this order. Sec. 28, lots 1 to 6 inclusive. existing laws, or equitable claims sub­ T. 30 S., R. 39 E., > ject to allowance and confirmation will 5. Inquiries concerning the lands Sec. 6 , lots 3 to 17, inclusive; be adjudicated on the facts present in should be addressed to the Bureau of Sec. 7, lots 1 to 16, inclusive; support of such claim or right. All appli­ Land Management, Billings, Mont. Sec. 18, lot 3. cations presented by persons other than R o la n d F. L ee, The areas described aggregate 14,468.10 those referred to in this paragraph will Chief, Branch of Lands acres in Kern County, be subject to the applications and claims and Minerals Operations. mentioned in this paragraph. All valid 2. The surveyed lands are situated on [FR Doc.71-12876 Filed 9-l-71;8:49 am] the bed of Koehn Dry Lake approxi­ applications and selections under the mately 1 mile southwest of Saltdale and nonmineral public land laws presented about 25 miles northeast of Mojave, Calif. prior to 10 a.m„ October 11, 1971 will be WYOMING considered as simultaneously filed at The elevation is approximately 2,000 feet Notice of Termination of Proposed above sea level. The lake bed consists of that hour. Rights under such applica­ flat, hard claypan surrounded by sand tions and selections filed after that hour Withdrawal and Reservation of Lands dunes covered with salt tolerant shrubs will be governed by the time of filing. A u g u s t 27,1971. and relict Indian Rice Grass. Access to 5. Persons claiming preference rights Notice of a Bureau of Reclamation ap­ the land is by means of desert motor based upon valid settlement, statutory plication, Wyoming 0266575, for with­ trails which are suitable for rough preference, or equitable claims must en­ drawal and reservation of lands for rec­ vehicles. close properly corroborated statements in lamation purposes in connection with 3. The following described lands have support of their, applications, setting the Flaming Gorge Unit, Colorado River been classified for multiple-use manage­ forth all facts relevant to their claims. Storage Project, was published as F.R. ment pursuant to the Act of Septem­ ber 19, 1964 (78 Stat. 986; 43 U.S.C. 1411- Detailed rules and. regulations govern­ Doc. No. 63-8402, on page 8048 of the 1418). The classification has segregated ing applications, which may be filed pur­ issue for August 6, 1963. The applicant the lands from appropriation under the suant to this notice can be found in agency has canceled its application in­ agricultural land laws (43 U.S.C. chs. 7 Title 43 of the Code of Federal Regula­ volving the lands in the F ederal R egister and 9; U.S.C. 334) and from sale under tions. Inquiries concerning these lands publication referred to above. Therefore, section 2455 of the revised statutes: shall be addressed to the Riverside Dis­ pursuant to the regulations contained in M o u n t D iablo M eridian, California trict and Land Office, 1414 University 43 CFR, Part 2091.2-5, such lands, at 10 T. 30 S., R. 38 E., Avenue, Post Office 723, Riverside a.m. on October 4, 1971, will be relieved Sec. 1, lots 1, 2, 3, 4, Sy2N ^ , S ^ ; of the segregative effect of the above- Sec. 2, lots 1, 2, 3, 4, Si4Ny2, Sy2; CA 92502. Sec. 3, lots 3 to 9, Inclusive, W%SE/4; C h a r le s L. S c h aefer , mentioned application. Sec. 8 , lots 1, 2, 3,4,; Acting Assistant D a n ie l P. B aker, Sec. 9, lots 1 to 12, inclusive; Land Office Manager. State Director. Sec. 10, lots 1 to 8 , inclusive, S y2NE 14, SE}4 NW^.Ei/aSW^, SE%; [FR Doc.71-12860 Filed 9-l-71;8:48 am] [FR Doc.71-12858 Filed 9- 1- 71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17591

National Park Service which Trademarks are Applied.” Due to aid. Yet, there have been an appreciable problems in international monetary ex­ number of objections to proposed de­ GRAND CANYON NATIONAL PARK, change, the British Patent Office no commissioning of VOR/VORTAC’s from ARIZ. longer accepts an ordinary check drawn VFR users. As a result, a previous No­ Notice of Intention To Extend on an American bank in dollars. The tice of Invitation for Comments on this paragraphs in the identified notice re­ subject was published on December 11, Concession Contract lating to methods of payment (the last 1970 (35 F.R. 18889). Pursuant to the provisions of section 5, two paragraphs and concluding table) Analysis of the comments received of the Act of October 9, 1965 (79 Stat. should read as follows: from this notice led to the following 969; 16 U.S.C. 20), public notice is here­ We have been advised by the British conclusions: by given that 30 days after the date of Patent Office that the only acceptable 1. A requirement for the extensive VFR publication of this notice, the Depart­ methods of payment are by Internation­ use of the VOR/VORTAC system has ment of the Interior, through the Direc­ al Money Order or banker’s draft, pay­ been stated by a wide cross section of tor of the National Park Service, proposes able in sterling and drawn on a bank in general aviation. to extend the concession contract with the United Kingdom. Orders for the In­ 2. VFR flight can be conducted by Emery C. Kolb authorizing him to op­ ternational Glassification and for the visual reference to the ground. However, erate a motion picture, lecture, and supplements can be made by remittance pilotage is a difficult, demanding art photographic studio for the public on in the following amount(s): that requires full time and attention. the South Rim of Grand Canyon National International Classification______50 pence Radio navigation is more efficient. Park, Ariz., for a period of one (1) year November 15, 1967, supplement___, 5 pence 3. The great majority of VFR flying is from January 1, 1972, through Decem­ March 18, 1970, supplement------Free conducted by aircraft under 12,500 ber 31, 1972. March 3, 1971, supplement______10 pence pounds. The information gained in the The foregoing concessioner has per­ Total cost (including post­ 1970 GA re-registration showed that the formed his obligations under the expiring age by surface mail)____ 65 pence general aviation fleet had 89,875 air­ contract to the satisfaction of the Na­ Additional charge for post­ craft with one or more VOR receivers. Of tional Park Service, and therefore, pur­ age by airmail______1 pound 55 pence suant to the Act cited above, is entitled these 87,479 were in the under 12,500- to be given preference in the renewal of Total cost by air­ pound category. These are minimum fig­ the contract and in the negotiation of a mail ______2 pounds 20 pence ures. Such a large investment shows the dependence of VFR flight on the VOR new contract. In addition, he has a life­ Orders should be sent directly to: time right to full possession to the prop­ system. erty used in the operation. Sales Branch, The Patent Oflaice, Block C, 4. No navigation aid should be deconS- Station Square House, St. Mary Cray, missioned without a thorough investi­ However, under the Act cited above, Orpington, Kent, England. the Secretary is also required to consider gation of VFR use. and evaluate all proposals received as a Dated: August 27, 1971. 5. Since radio navigation is not result of this notice. Any proposal to be technically required for VFR navigation, R e n e D. T e g t m e y e r , VOR use by VFR flight tends to fall in considered and evaluated must be sub­ Assistant Commisisoner for mitted within thirty (30) days after the the category of convenience. Appeals, Legislation and All comments received from this notice publication date of this notice. Trademarks. favored consideration of VFR use of Interested parties should contact the [FR Doc.71-12889 Filed 9-1-71;8:50 am] VOR/VORTAC’s in the decommission­ Chief, Division of Concessions Manage­ ing process. However, the responses did ment, National Park Service, Washing­ not provide quantifiable data which was ton, D.C. 20240, for information as to the requested in the original notice. There­ fore, the FAA has developed methodol­ requidements of the proposed contract. DEPARTMENT OF ogy to provide a factor for VFR use of L a w r e n c e C. H a d l e y , VOR’s which is discussed below. Assistant Director, The most reliable indication of VFR National Park Service. TRANSPORTATION use of a VOR/VORTAC is the number [PR Doc.71-12857 Filed 9-l-71;8:4ff am] Federal Aviation Administration of VFR radio contacts made by the as­ sociated Flight Service Station. This VOR/VORTAC SYSTEM readily available data can be related to the annual cost of maintaining a VOR/ Proposed Policy Changes or Discon­ VORTAC to determine at what level of DEPARTMENT OF COMMERCE tinuance Criteria; Notice of Invita­ use retention of the NAVAID would be Patent Office tion for Comments justified. There is a slight savings in flight time TRADEMARKS This notice requests comments in ac­ cordance with the Department of when using radio guidance as opposed to visual navigation. There is also a sav­ Identification of Goods and Services Transportation policy of continuing con­ in Trademark Applications ings in time during the flight planning sultation with the users of the National process. The notice entitled “ Identification of Aviation System, the aviation industry, In planning a flight, a VFR itinerant Goods and Services in Trademark Ap­ State and local government agencies and pilot can pick up radio navigation charts plications” which appeared in the F ed­ the general public regarding changes in and in a matter of a few minutes, log identifications, radials and distances. If eral R egister of July 16, 1971 (36 F.R. policy and planning of the National Avi­ pilotage is to be used in lieu of radio, 13232), and the Official Gazette of Au­ ation System. the flight planning process is much more gust 3, 1971, specified an incorrect Current FAA policy set forth in Air­ time consuming. In the latter case, it is method of payment for securing a copy way Planning Standards concerning the necessary to lay out the desired track, of the English edition of “ International discontinuance of VOR/VORTAC makes measure off time lines, and related use- Classification of Goods and Services to no specific reference to VFR use of the able landmarks to the time lines.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17592 NOTICES

Comparison of the time saved when which might be used by, and sources of Commission’s general rules of practice ■using radio guidance, the annual cost of information available to, the National (49 CFR, as amended), published in the maintaining a VOR/VORTAC and the Commission on State Workmen’s Com­ F ederal R egister issue of April 20, 1966, number of aircraft using a VOR/VOR­ pensation Laws in making its study and effective May 20, 1966. These rules pro­ TAC indicates that if the associated FSS preparing its report under section 27 of vide, among other things, that a protest has a minimum of 6,000 annual VFR con­ the Occupational Safety and Health Act to the granting of an application must tacts retention of the VOR/VORTAC is of 1970 (84 Stat. 1616). The presenta­ be filed with the Commission within 30 justified for VFR purposes. Inherent in tions also may include comments on this is the assumption that the ratio of whether further hearings would be ad­ days after date of notice of filing of the aircraft using a VOR/VORTAC to those visable; on whether any such hearings application is published in the F ederal contacting the facility is seven to one. should be held only in Washington, D.C., R eg ist e r . Failure seasonably to file a Accordingly, it is planned to amend or also in other cities; and on whether protest will be construed as a waiver of airway planning standards to reflect the any such hearings should be limited to opposition and participation in the pro­ foregoing. The 6,000 VFR contacts will particular subjects. ceeding. A protest under these rules Interested persons shall, not later than be used as a guideline by FAA regional should comply with section 247(d) (3) of personnel in proposed decommissioning 10 days prior to the commencement of of VOR/VORTAC’s. Safety considera­ the hearing, file with the Chairman, Na­ the rules of practice which requires that tions will continue to affect the final tional Commission on State Workmen’s it set forth specifically the grounds upon decision, such as lack of other aids in Compensation Laws, 1825 K Street NW., which it is made, contain a detailed relatively isolated areas or the proximity Washington, DC 20006, a notice of in­ statement of protestant’s interest in the tention to appear which shall contain the of terrain that lacks geographical land­ proceeding (including a copy of the spe­ following information: cific portions of its authority which pro­ marks to facilitate pilotage. 1. Name and address of the person Interested persons are invited to sub­ appearing. testant believes to be in conflict with that mit such written data and comments as 2. The subject matter or matters to be sought in the application, and describing they may desire on this proposed policy discussed. in detail the method—whether by join­ change. Comments should be submitted 3. I f such person is appearing in a der, interline, or other means—by which to: Director, Office of Aviation Policy representative capacity, the name and protestant would use such authority to and Plans, Federal Aviation Administra­ address of the persons or organizations provide all or part of the service pro­ tion, 800 Independence Avenue SW., he is representing. posed), and shall specify with partic­ Washington, DC 20591, on or before 4. The date and approximate length of ularity the facts, matters, and things time requested for his presentation. October 1,1971. relied upon, but shall not include issues Interested persons may also file written or allegations phrased generally. Pro­ All comments submitted will be avail­ data, views, or arguments with the Com­ able for inspection in Room 935, Federal missioner at the above address. tests not in reasonable compliance with Office Building 10A, 800 Independence The oral proceedings shall be steno- the requirements of the rules may be re­ Avenue SW., Washington, D.C. graphically reported and transcripts will jected. The original and one (1) copy of Issued in Washington, D.C., on Au­ be available to interested persons on the protest shall be filed with the Com­ gust 27,1971. payment of fees therefor. The Presiding mission, and a copy shall be served con­ Officer shall regulate the proceedings, B e n j a m in F. L. D a r d en, currently upon applicant’s representa­ dispose of procedural requests, objections, Director, Office of Aviation tive, or applicant if no representative is and comparable matters, and confine Policy and Plans, Federal the presentation to matters pertinent named. I f the protest includes a request Aviation Administration. to the inquiry. He shall have discretion for oral hearing, such requests shall meet [FR Doc.71-12873 Filed 9-l-71;8:49 am] to keep the record open after the close the requirements of section 247(d) (4) of of the hearing to permit any person who the special rules, and shall include the participated in the oral presentation to certification required therein. submit additional data, views and argu­ Section 247(f) of the Commission’s NATIONAL COMMISSION ON ments responsive to the oral presenta­ tions made by other persons. rules of practice further provides that STATE WORKMEN’S COM­ Signed at Washington, D.C., this 27th each applicant shall, if protests to its day of August 1971. application have been filed, and within 60 days of the date of this publication, PENSATION LAWS J o h n F. B u r t o n , J r ., Chairman. notify the Commission in writing (1) that it is ready to proceed and prosecute SYSTEMS OF COMPENSATION [FR Doc.71-12835 Filed 9-1-71:8:45 am] the application, or. (2) that it wishes to Notice of Change in Hearing Location withdraw the application, failure in The location of public hearings that which the application will be dismissed were to be held (36 F.R. ,1971) by the Commission. by the National Commission on State INTERSTATE COMMERCE Further processing steps (whether Workmen’s Compensation Laws on Sep­ COMMISSION modified procedure, oral hearing, or tember 22 and 23,1971, at Room 412,1825 other procedures) will be determined K Street NW., Washington, DC, has been [Notice 69] generally in accordance with the Com­ changed to Room 721,1121 Vermont Ave­ MOTOR CARRIER, BROKER, WATER mission’s general policy statement con­ nue NW., Washington, DC. The hearing CARRIER AND FREIGHT FOR­ cerning motor carrier licensing proce­ will commence at 10 a.m. on Septem­ WARDER APPLICATIONS dures, published in the F ederal R egister ber 22 and continue through Septem­ issue of May 3,1966. This assignment will August 27, 1971. ber 23. At the hearing, interested parties be by Commission order which will be may make oral or written presentations The following applications are gov­ served on each party of record. data, views, and arguments relating to erned by Special Rule 1100.2471 of the The publications hereinafter set forth the general question of whether State reflect the scope of the applications as workmen’s compensation laws provide an 1 Copies of Special Rule 247 (as amended) filed by applicants, and may include can be obtained by writing to the Secretary, adequate, prompt, and equitable system Interstate Commerce Commission, Washing­ descriptions, restrictions, or limitations of compensation, and to possible methods ton, D.C. 20423. which are not in a form acceptable to

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17593 the Commission. Authority which ulti­ Albany, Patchogue, Elmsford, Utica, and 167 and 190, thence over U.S. Highway mately may be granted as a result of the Newburgh, N.Y. N o t e : Applicant states 190 to junction U.S. Highway 190 and applications here noticed will not neces­ that the requested authority cannot be , thence over Lou­ sarily reflect the 'phraseology set forth tacked with its existing authority. Appli­ isiana Highway 1 to junction Louisiana in the application as filed, but also will cant also states it holds authority from Highway 1 and Interstate Highway 10, eliminate any restrictions which are not the Department of Transportation (New thence over Interstate Highway 10 to acceptable to the Commission. York) to the same destination points junction Interstate Highway 10 and U.S. from New York, N.Y. If a hearing is Highway 61, thence over U.S. Highway 61 No. MC 340 (Sub-No. 19), filed deemed necessary, applicant requests it to , and return over the same July 30, 1971. Applicant: QUERNER be held at New York, N.Y. route; (b) from Bay City over Texas TRUCK LINES, INC., 1131 Austin Highway 35 to junction Texas High­ Street, San Antonio, T X 78208. Appli­ No. MC 1872 (Sub-No. 76), filed July ways 35 and 36, thence over Texas High­ cant’s representative: M. Ward Bailey, 19, 1971. Applicant: ASHWORTH way 36 to Freeport, thence over Texas 2412 Continental Life Building, Port TRANSFER, INC., 1526 South Sixth Highway 288 to thence over Worth, Tex. 76102. Authority sought to West, Salt Lake City, U T 84104. Appli­ Interstate Highway 10 to New Orleans, cant’s representative: Keith E. Taylor, operate as a common carrier, by motor and return over the same route. N o t e : vehicle, over irregular routes, transport­ 520 Kearns Building, Salt Lake City, Common control may be involved. I f a ing: General commodities (except those Utah 84101. Authority sought to operate hearing is deemed necessary, applicant of unusual value, classes A and B explo­ as a common carrier, by motor vehicle, requests it be held at Houston, Tex., or sives, livestock, household goods as de­ over irregular routes, transporting: Baton Rouge, La. fined by the Commission, commodities Iron and steel and iron and steel articles, in bulk, and those requiring special (1) between points in Arizona, Colorado, No. MC 2229 (Sub-No. 162), filed equipment), from St. Louis, Mo., Cleve­ Idaho, Montana, New Mexico, Nevada, July 28, 1971. Applicant: RED BALL land, Ohio, and Coal City, Chicago, and Wyoming, and Utah; and (2) between MOTOR FREIGHT,. INC., 3177 East Mendota, HI., to Houston, Tex., as alter­ States named in (1) above, on the one Irving Boulevard, Post Office Box 47407, nate routes to its presently authorized hand, and, on the other, points in Cali­ Dallas, T X 75247. Applicant’s representa­ irregular routes from such points, to San fornia, Oregon, and Washington. N o t e : tive: Martin B. Turner (same address as Antonio, Tex., and its regular route au­ Applicant states by tacking, a through applicant). Authority sought to operate thority from San Antonio, Tex., to service would be provided (1) to and as a common carrier, by motor vehicle, Houston, Tex. N o t e : Applicant states from points in Nebraska, Kansas, Mis­ over regular routes, transporting: classes that the requested authority cannot be souri, Iowa, South Dakota, Arizona, A and B explosives, between Louisiana tacked with its existing authority. I f a Idaho, Montana, New Mexico, Nevada, Army Ammunition Plant, Doyline, La., hearing is deemed necessary, applicant and Utah; and-12) from points in Ne­ and Memphis, Tenn.; from Louisiana requests it be held at Houston, Tex., or braska, Kansas, Missouri, Iowa, and Army Ammunition Plant, Doyline, La., Dallas, Tex. South Dakota, on the one hand, to points over U.S. Highway 80 and/or Interstate in California, Oregon, and Washington, 20 to Intersection of Louisiana Highway 7 No. MC 1380 (Sub-No. 14), filed on the other. Tacking would occur at at or near Dixie Inn., La., thence over July 26, 1971. Applicant: COLONIAL any point in Colorado or Wyoming. Ap­ Louisiana Highway 7 to the Louisiana/ MOTOR FREIGHT LINE, INC., Uwhar- plicant further states it would tack any Arkansas State line, thence over Arkan­ rie Road, High Point, N.C. 27262. Appli­ authority herein obtained with its Sub sas Highway 132 to its Intersection of cant’s representative: Max H. Towery, 58, “ cast iron pipe” authority, which U.S. Highway 79, thence over U.S. High­ Post Office Box S468, Uwharrie Road, would permit the transportation of cast way 79 to Memphis, Tenn., and return High Point, NC 27262. Authority sought iron pipe. Tacking would occur at any over the same route, serving no inter­ to operate as a common carrier, by point in Arizona, Idaho or Utah. I f a mediate points; from Louisiana Army motor vehicle, over irregular routes, hearing is deemed necessary, applicant Ammunition Plant, Doyline, La., over transporting: Wood fibreboard, wood requests it be held at Salt Lake City, U.S. Highway 80 and/or Interstate 20 to fibreboard faced or finished with dec­ Utah. Intersection of U.S. Highway 79 approxi­ orative and/or protective materials and mately 3 miles East of Dixie Inn., La., accessories and supplies used in the No. MC 2202 (Sub-No. 396), filed July thence over U.S. Highway 79 to its Inter­ installation thereof (except commodities 29, 1971. Applicant: ROADWAY EX­ section with Louisiana Highway 2 South in bulk), from plantsite of Evans Prod­ PRESS, INC., 1077 Gorge Boulevard, of Homer, La., thence over Louisiana ucts Co., at Moncure, N.C., to points in Post Office Box 471, Akron, OH 44309. Highway 2 to its Intersection with Louisi­ Virginia. Note: Applicant states that the Applicant’s representative: James W. ana Highway 9, thence over Louisiana requested authority cannot be tacked Conner, (same address as applicant). Highway 9 to its Intersection of U.S. with its existing authority. I f a hearing Authority sought to operate as a com­ Highway 167 thence over U.S. Highway is deemed necessary, applicant requests mon carrier, by motor vehicle, over reg­ 167 to its Intersection with U.S. High­ it be held at Raleigh, N.C., or Wash­ ular routes, transporting: General way 79 near Fordyoe, Ark., thence over ington, D.C. commodities, except those of unusual U.S. Highway 79 to Memphis, Tenn., and value, classes A and B explosives, live­ return over the same route, serving no No. MC 1756 (Sub-No. 18), filed stock, household goods as defined by the intermediate points; from Louisiana July 28, 1971. Applicant: PEOPLES E X ­ Commission, commodities in bulk and PRESS CO., a corporation, 497 Raymond those requiring special equipment, be­ Army Ammunition Plant, Doyline, La., Boulevard, Newark, NJ 07195. Applicant’s tween Bay City, Tex., and New Orleans, over U.S. Highway 80 and/or Interstate representative: Bert Collins, 140 Cedar La., serving the intermediate points of 20 to Intersection of U.S. Highway 71, Street, New York, N Y 10006. Authority Freeport, Tex., and Port Allen, La., and sought to operate as a common carrier, thence over U.S. Highway 71 to Tex­ by motor vehicle, over irregular routes, points in West Feliciana, Iberville, As­ arkana, Arkansas/Texas, thence over transporting: Empty containers, not ex­ cension, and St. James Parishes, La., as U.S. Highway 79 to its intersection of ceeding one gallon in capacity on auto­ off-route points (a) from Bay City over U.S. Highway 70, thence over U.S. High­ mated trailers; container ends; mate­ Texas Highway 35 to junction Texas way 70 to Memphis, Tenn., and return rials, supplies and equipment, incidental Highways 35 and 36, thence over Texas over the same route, serving the inter­ to the manufacture of said containers Highway 36 to Freeport, thence over (except in bulk), and those products re­ mediate point of Texarkana, Arkansas/ turned for recycling, between the plant Texas Highway 288 to Houston, thence Texas for the purpose of joinder only. and warehouse sites of Continental Can over U.S. Highway 90 to junction U.S. Between Alexandria, La., and the Co., Inc., Paterson and Passaic, N.J., on Highways 90 and 167, thence over U.S. Texas/Louisiana State line, serving Lees- the one hand, and, on the other, Scotia, Highway 167 to junction U.S. Highways ville, La., as an intermediate point for

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17594 NOTICES the purpose of joinder only; from Alex­ mediate points and serving Logansport turn over the same route, serving no in­ andria over Louisiana Highway 28 to its and Grand Bayou, La., for the purpose termediate points and serving Naples, Intersection with Louisiana Highway 8, of joinder only. Between the Arkansas/ Tex., and the Texas/Louisiana State line thence over Louisiana Highway 8 to the Louisiana State line at or near Haynes- for the purpose of joinder only. Between Louisiana/Texas State line, serving Alex­ ville, La., and Magnolia, Ark.; from the Raton and Taos, N. Mex.; from Raton, N. andria, La., and the Louisiana/Texas Arkansas/Louisiana State line at or near Mex., over U.S. Highway 64 and Taos, N. State line for the purpose of joinder only. Haynesville, La., over U.S. Highway 79 Mex., serving no intermediate points and Between Louisiana Army Ammunition to Magnolia, Ark., and return over the serving Raton and Taos, N. Mex., for Plant, Doyline, La., and Jackson, Miss.; same route, serving the Arkansas/ purpose of joinder only. Between Dallas from Louisiana Army Ammunition Plant Louisiana State line and Magnolia Ark., and Sherman, Tex.; from Dallas, Tex., at Doyline, La., over U.S. Highway 80 for the purpose of joinder only. Be­ over U.S. Highway 75 to Sherman, Tex., and/or Interstate 20 to Jackson, Miss., tween Magnolia and El Dorado, Ark.; and return over the same route, serving and return over the same route, serving from Magnolia and El Dorado, Ark., over no intermediate points and serving Dal­ Monroe and Delhi, La., as intermediate U.S. Highway 82, serving no inter­ las and Sherman, Tex., for the purpose points for the purpose of joinder only. mediate points and serving Magnolia of joinder only. N o t e : If a hearing is Between Louisiana Army Ammunition and El Dorado, Ark., for the purpose of deemed necessary, applicant requests it Plant, Doyline, La., and Natchez, Miss.; joinder only. Between Greenville and be held at Dallas or Fort Worth, Tex. from Louisiana Army Ammunition Plant, Tyler, Tex.; from Greenville, Tex., over Doyline, La., over U.S. Highway 80 and/ U.S. Highway 69 to Tyler, Tex., serving No. MC 3460 (Sub-No. 7), filed August or Interstate 20 to Intersection of U.S. no intermediate points and serving 2, 1971. Applicant: MORAN TRUCKING COMPANY, INC., Post Office Drawer E, Highway 71, thence over U.S. Highway 71 Greenville and Tyler for the purpose of to Intersection of U.S. Highway 84 at or joinder only and return over the same Westernport, MD 21562. Applicant’s rep­ resentative: William P. Jackson, Jr., 919 near Clarence, La., thence over U.S. route. Between Yantis and Quitman, 18th Street NW., Washington, DC 20006. Highway 84 to Natbhez, Miss., and return Tex.; from Yantis, Tex., over Texas State over the same route, serving no inter­ Highway 154 to Quitman, Tex., and re­ Authority sought to operate as a common mediate points and serving Natchez, turn over the same route, serving no carrier, by motor vehicle, over irregular routes, transporting: (1) Water, in con­ Miss., for the purpose of joinder only; intermediate points and serving Yantis from Louisiana Army Ammunition Plant, and Quitman, Tex., for the purpose of tainers, from points in Garrett County, Md., to points in Delaware, Indiana, Doyline, La., over U.S. Highway 80 and/ joinder only. Kentucky, Maryland, New Jersey, New or Interstate 20 to its Intersection of Between Corsicana and Cayuga, Tex.; York, Ohio, Pennsylvania, Virginia, and U.S. Highway 147 at or near Arcadia, La., from Corsicana, Tex., over U.S. Highway West Virginia; and (2) glass and plastic thence over U.S. Highway 147 to its In ­ 287 to Cayuga, Tex., and return over the tersection with U.S. Highway 167, thence containers and other related packaging same route, serving no intermediate materials, from points in the States over U.S. Highway 167 to Intersection points and serving Corsicana and Ca­ of U.S. Highway 84, thence over U.S. named above to points in Garrett yuga, Tex., for the purpose of joinder County, Md. N ote : Applicant states that Highway 84 to Natchez, Miss., and return only. Between Crockett and Alto, Tex.; over the same route, serving no inter­ the requested authority cannot be tacked from Crockett, Tex., over State Highway with its existing authority. If a hearing mediate points and serving Natchez, 21 to Alto, Tex., and return over the Miss., for the purpose of joinder only. is deemed necessary, applicant requests same route, serving no intermediate it be held at Washington, D.C. Between Natchitoches, La., and the points and serving Crockett and Alto, Texas/Louisiana State line; from Natch­ Tex., for the purpose of joinder only. No. MC 4928 (Sub-No. 4), filed August itoches, La., over Between Kirbyville, Tex., and Leesville, 3, 1971. Applicant: VERNON REHA to the Louisiana/Texas State line and re­ La., from Kirbyville, Tex. over Farm- AND DENNIS REHA, a partnership, do­ turn over the same route, serving no in­ to-Market Road 363 to the Louisiana/ ing business as REHA TRUCKING, termediate points and serving Natch­ Texas State line, thence over U.S. High­ Adair, Iowa 50002. Applicant’s represen­ itoches, La., and the Texas/Louisiana way 190 to intersection of U.S. Highway tative: Kenneth F. Dudley, 611 Church State line for the purpose of joinder 171, thence over U.S. Highway 171 to Street, Post Office Box 279, Ottumwa, IA only. Leesville, La., and return over the same 52501. Authority sought to operate as a Between Houston, Tex., and New Or­ route, serving Kirbyville, Tex., and Lees­ common carrier, by motor vehicle, over leans, La., serving no intermediate ville, La., for the purpose of joinder only. irregular routes, transporting: Steel points and serving Houston, Tex., and Between Winnsboro and Mineola, Tex.; jump forms, metal scaffolding, hydraulic New Orleans, La., for the purpose of from Winnsboro, Tex., over State High­ hoists, and materials, equipment, and joinder only; from Houston, Tex., over way 37 to Mineola, Tex., and return over supplies used in the construction and in­ U.S. Highway 90 to Intersection of U.S. the same route, serving no intermediate stallation of concrete poured silos, be­ Highway 167, thence over U.S. Highway points and serving Winnsboro and Mine­ tween points in Illinois, Iowa, Kansas, 167 to Intersection with U.S. Highway ola, Tex., for the purpose of joinder Minnesota, Missouri, Nebraska, and Wis­ 190, thence over U.S. Highway 190 to In­ only. Between Jefferson, Tex., and Texar­ consin. N o t e : Applicant states that the tersection of U.S. Highway 61, thence kana, Arkansas/Texas; from Jefferson, requested authority cannot be tacked over U.S. Highway 61 to New Orleans, Tex., over U.S. Highway 59 to Texar­ with its existing authority. If a hearing La., and return over the same route; from kana, Arkansas/Texas, serving no inter­ is deemed neecssary, applicant requests Houston, Tex'., over Interstate 10 to New mediate points and serving Jefferson, it be held at Des Moines, Iowa, or Chi­ Orleans, La., and return over the same Tex., and Texarkana, Ark., for the pur­ cago, HI. route. Between Junction of U.S. High­ pose of joinder only. Between Marshall, No. MC 4928 (Sub-No. 5), filed Au­ ways 147 and 167 at or near Hodge, La., Tex., and Logansport, La.; from Mar­ gust 3, 1971. Applicant: VERNON REHA and Louisiana/Arkansas State line at shall, Tex., over Texas State Highway 31 or near Junction City, Ark.; from Inter­ AND DENNIS REHA, a partnership, to intersection of Louisiana Highway doing business as REHA TRUCKING, section of U.S. Highways 147 and 167 at 764, thence over Louisiana Highway 764 or near Hodge, La., over U.S. Highway Adair, Iowa 50002. Applicant’s repre­ to Logansport, La., and return over the sentative: Kenneth F. Dudley, 611 167 to the Louisiana/Arkansas State same route, serving no intermediate Church' Street, Post Office Box 279, Ot­ line at or near Junction City, Ark., and points and serving Marshall, Tex., and tumwa, IA 52501. Authority sought to return over the same route, serving the Logansport, La., for the purpose of operate as a common carrier, by motor Intersection of U.S. Highways 147 and joinder only. 167 and the Louisiana/Arkansas State vehicle, over irregular routes, transport­ Between Naples, Tex., and the Texas/ ing: Feed, feed ingredients, and animal line for the purpose of joinder only. Be­ Louisiana State line Northwest of Ro- health products, from Omaha, Nebr., to tween Logansport and Grand Bayou, La.; dessa, La.; from Naples, Tex., over State points in Adair and Guthrie Counties, from Logansport, La., over U.S. Highway Highway 77 to the Texas/Louisiana State Iowa. N o t e : Applicant states that the re­ 84 to Grand Bayou, La., serving no inter­ line Northwest of Rodessa, La., and re­ quested authority cannot be tacked with

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17595 its existing authority. I f a hearing is byproducts, and articles distributed by not be tacked with its existing authority. deemed necessary, applicant requests it meat packinghouses, as described in sec­ I f a hearing is deemed necessary, appli­ be held at Des Moines, Iowa, or Omaha, tions A and C of appendix I to the report cant requests it be held at Chicago, 111., Nebr. in Descriptions in Motor Carrier Certifi­ or Kansas City, Mo. cates, 61 M.C.C. 209 and 766 (except hides No. MC 8744 (Sub-No. 7), filed Au­ No. MC 21455 (Sub-No. 25), filed Au­ and commodities in bulk), from points in gust 2, 1971. Applicant: GENE M ITCH­ gust 2, 1971. Applicant: CONSOLI­ Illinois, Minnesota, and Wisconsin, to DATED MOTOR EXPRESS, INC., Post ELL CO., a corporation, West Liberty, the plantsite and storage facilities of Ar­ Iowa 52776. Applicant’s representative: Office Box 1160, Bluefield, WV 24701. mour-Dial, Inc., at Fort Madison, Iowa. Applicant’s representative: John M. Kenneth F. Dudley, 611 Church Street, N o t e : Applicant states that the re­ Friedman, 2702 Putnam Avenue, Hurri­ Post Office Box 227, Ottumwa, IA 52501. quested authority cannot be tacked with Authority sought to operate as a common cane, WV 25526. Authority sought to its existing authority. I f a hearing is operate as a common carrier, by motor carrier, by motor vehicle, over irregular deemed necessary, applicant requests it routes, transporting: Meats, meat prod­ vehicle, over irregular routes, transport­ be held at Chicago, HI. ing: General commodities, except those ucts, meat byproducts and articles dis­ of unusual value, classes A and B explo­ No. MC 15859 (Sub-No. 7), filed July tributed by meat packinghouses, as de­ sives, household goods as defined by the 23, 1971. Applicant: THE HINE LINE, scribed in sections A and C of Appendix Commission, commodities in bulk, com­ 247 Emmet, Newark, NJ 07114. Appli­ I to the report in Descriptions in Motor modities requiring special equipment, cant’s representative: Warren C. Mob- Carrier Certificates, 61 M.C.C. 209 and and those injurious or contaminating to berly, 777 Chamber of Commerce Build­ 766 (except hides and commodities in other lading, between points in Tazewell, ing, Indianapolis, Ind. 46204. Authority bulk), from the plantsite and warehouse Buchanan, Lee, Scott, Russell, Wise, and sought to operate as a common carrier, facilities of Swift & Co., located at Mar­ Dickenson Counties, Va. N o t e : Appli­ by motor vehicle, over irregular routes, shalltown, Iowa, to points in Boone, Cook, cant states it will tack at North Tazwell, transporting: Hides, skins, pelts, chromes De Kalb, Du Page, Kane, Kankakee, Ken­ Va., to permit through service to and and pieces thereof, and tannery prod­ dall, Lake, McHenry, and Will Counties, from points in Virginia and West Vir­ ucts, except liquid products in bulk, in HI., and Lake and Porter Counties, Ind. ginia located within 50 miles of North tank vehicles, between points in Alabama, N o t e : Applicant states that the re­ Tazewell, Va. If a hearing is deemed nec­ Florida, Georgia, Kentucky, Louisiana, quested authority cannot be tacked with essary, applicant requests it be held at Mississippi, North Carolina, South Caro­ its existing authority. If a hearing is Charleston and Bluefield, W. Va., or lina, Tennessee, and Virginia, on the one deemed necessary, applicant requests it Roanoke, Va. hand, and, on the other, points in Con­ be held at Chicago, 111., or Kansas City, necticut, Delaware, Illinois, Indiana, Mo. No. MC 10761 (Sub-No. 257), filed Au­ Maine, Maryland, Massachusetts, Michi­ gust 2, 1971. Applicant: TRANSAMERI- gan, St. Louis, Missouri, New Hampshire, No. MC 30837 (Sub-No. 440)', filed CAN FREIGHT LINES, INC., 1700 North New Jersey, New York, Ohio, Penn­ July 26, 1971. Applicant: KENOSHA AUTO TRANSPORT CORPORATION, Waterman Avenue, Detroit, M I 48209. sylvania, Vermont, West Virginia, Wis­ Applicant’s representative: A. Alvis consin, Louisiana, Alabama, Florida, 4200 39th Avenue, Kenosha, W I 53140. Layne, Pennsylvania Building, Washing­ Georgia, Kentucky, Mississippi, North Applicant’s representative: Paul F. Sul­ ton, D.C. 20004. Authority sought to Carolina, South Carolina, Tennessee, and livan, 711 Washington Building, Wash­ ington, D.C. 20005. Authority sought to operate as a common carrier, by motor Virginia. N ote : Applicant states that the operate as a by motor vehicle, over irregular routes, transport­ requested authority cannot be tacked common carrier, ing: Meats, meat products, and meat by­ with its existing authority. I f a hearing is vehicle, over irregular routes, transport­ products, as described in sections A and C deemed necessary, applicant requests it ing: Automobiles, trucks, and busses, as of appendix I to the report in Descrip­ be held at Indianapolis, Ind., or Wash­ defined in Descriptions in Motor Carrier tions in Motor Carrier Certificates, 61 ington, D.C. Certificates, 61 M.C.C. 209, from points M.C.C. 209 and 766 (except hides and in Minnesota to points in Minnesota, skins), from the plantsite and warehouse No. MC 21455 (Sub-No. 24), filed North Dakota, South Dakota, and Wis­ facilities of Swift Fresh Meats Co. at July 29, 1971. Applicant: GENE consin, in secondary movements, in Brownwood, Tex., to points in Connecti­ MITCHELL CO., a corporation, West Lib­ truckaway service. N o t e : Applicant cut, Delaware, Maine, Maryland, Massa­ erty, Iowa 52776. Applicant’s represent­ states that the requested authority can­ chusetts, New Hampshire, New Jersey, ative: Kenneth F. Dudley, 611 Church not be tacked with its existing authority. New York, Pennsylvania, Rhode Island, Street, Post Office Box 279, Ottumwa, IA I f a hearing is deemed necessary, appli­ Vermont, Virginia, West Virginia, and 52501. Authority sought to operate as a cant requests it be held at Washington, the District of Columbia, restricted to common carrier, by motor vehicle, over D.C. irregular routes, transporting: (1) Ma­ shipments originating at the plantsite No. MC 30844 (Sub-No. 364), filed and warehouse facilities of Swift Fresh terials, equipment, supplies and furnish­ July 29, 1971. Applicant: KROBLIN Meats Co. at Brownwood, Tex., and des­ ings, used in the manufacture, process­ ing, sale, and distribution of Mobile REFRIGERATED XPRESS, INC., 2125 tined to points in the above-named Commercial Street, Waterloo, IA 50704. States and the District of Columbia. homes, from points in Illinois, Indiana, Applicant’s representatives: Paul Note: If a hearing is deemed necessary, Michigan, Ohio, and Wisconsin to Ka- Rhodes (same address as applicant) and applicant requests it be held at Chicago, lona, Iowa; (2) Precut homes, materials and hardware, from Schererville, Ind., to Truman' A. Stockton, Jr., 1650 Grant points in Illinois, Iowa, Kentucky, Min­ Street Building, Denver, Colo. 80202. No. MC 13087 (Sub-No. 35),.filed July nesota, Michigan, Missouri, New York, Authority sought to operate as a com­ 26, 1971.. Applicant: STOCKBERGER Ohio, Pennsylvania, West Virginia, and mon carrier, by motor vehicle, over ir­ TRANSFER & STORAGE, INC., 524 Sec­ Wisconsin; (3) Modular Buildings and regular routes, transporting: Prepared ond Street SW., Mason City, IA 50401. modular sections and component parts, and preserved foodstuffs (except frozen Applicant’s representative: William F. from Iowa City, Iowa to points in Illinois, and commodities in bulk), from Cade Fairbank, 900 Hubbell Building, Des Indiana, Kansas, Minnesota, Missouri, and Lozes, La., to points in Arkansas, Moines, Iowa 50309. Authority sought to Nebraska, South Dakota, and Wisconsin, points on and east of U.S. Highway 65 operate as a common carrier, by motor and (4) Air pollution control systems in Missouri, and points in and west of vehicle, over irregular routes, transport­ and heated asphalt storage vessels, from U.S. Highways 45-45-E in Tennessee. ing: Meats, cooked, cured, or preserved, West Liberty, Iowa to points in Arkansas, N ote : Applicant states it intends to tack with or without vegetable, milk, egg, or Colorado, Illinois, Indiana, Iowa, Kansas, the requested authority with its lead fruit ingredients (other than frozen), Louisiana, Michigan, Minnesota, Mis­ certificate to serve points in Iowa, and from the plantsite and storage facility of souri, Nebraska, North Dakota, Ohio, to Sub 179 to serve points in the East. Common control may be involved. I f a Armour-Dial, Inc., at Fort Madison, Oklahoma, South Dakota, Texas, Wis­ hearing is deemed necessary, applicant Iowa, to points in Illinois and Minnesota, consin, and Wyoming. N o t e : Applicant requests it be held at Washington, D.C., and meats, meat products, and meat states that the requested authority can­ or New Orleans, La.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2; 1971 17596 NOTICES

No. MC 41404 (Sub-No. 100), filed July No. MC 59367 (Sub-No. 76), filed Colorado, Arizona, Mississippi, Louisiana 28, 1971. Applicant: ARGO-COLLIER July 26, 1971. Applicant: DECKER Texas, and California. N o t e : Applicant TRUCK LINES CORPORATION, Post TRUCK LINE JNC., Post Office Box 915, states that the requested authority can­ Office Box 440, Fulton Highway, Martin, Fort Dodge, IA 50501. Applicant’s repre­ not be tacked with its existing authority. Tenn. 38237. Applicant’s representative: sentative: William L. Fairbank, 900 Hub- I f a hearing is deemed necessary, appli­ Tom D. Copeland, Post Office Box 440, bell Building, Des Moines, Iowa 50309. cant requests it be held at Little Rock Fulton Highway, Martin, TN 38237. Au­ Authority sought to operate as a common Ark. thority sought to operate as a common carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular routes, transporting: (1) Afeáis, cooked, No. MC 61592 (Sub-No. 228), filed Au­ routes, transporting: Food, food prod­ cured or preserved, with or without gust 2, 1971. Applicant: JENKINS ucts and food preparations (except com­ vegetable, milk, egg or fruit ingredients TRUCK LINE, INC., 3708 Elm Street, modities in bulk), from Chelsea, Mich., (other than frozen), from the plantsite Bettendorf, IA 52722. Applicant’s repre­ to points in Florida, Georgia, North and storage facility of Armour-Dial, Inc., sentative: Donald W. Smith, 900 Circle Tower Building, Indianapolis, Ind. 46204. Carolina, and South Carolina. N o t e : at Fort Madison, Iowa, to points in Illi­ Authority sought to operate as a com­ Applicant states that the requested au­ nois and Minnesota; and (2) Meats, meat thority cannot be tacked with its exist­ products, and meat byproducts and mon carrier, by motor vehicle, over ir­ ing authority. Common control may be articles distributed by meat packing­ regular routes, transporting: Hides, (l) from Denver and Greeley, Colo., to Los involved. I f a hearing is deemed neces­ houses, as described in sections A and C sary, applicant requests it be held at of Appendix I to the report in Descrip­ Angeles, Calif., San Antonio, Fort Worth and Houston, Tex.; (2) from Scottsbluff, Detroit, Mich., Chicago, 111., Atlanta, tions in M otor Carrier Certificates, 61 Nebr., to San Antonio, Tex.; and (3) Ga., or Washington, D.C. M.C.C. 209 and 766 (except hides and from Albert Lea, Minn., St. Joseph, Mo., commodities in bulk), from points in No. MC 44639 (Sub-No. 41), filed and Cedar Rapids, Iowa, to San Antonio! Minnesota and Wisconsin to the plant- , 1971. Applicant: L. & M. EX­ Tex. N o t e : Applicant states that the re­ site and storage facilities of Armour- PRESS CO., INC., 220 Ridge Road, quested authority cannot be tacked with Dial, Inc., at Fort Madison, Iowa. N o t e : Lyndhurst, NJ 07071. Applicant’s repre­ its existing authority. I f a hearing is sentative: Herman B. J. Weckstein, 60 Applicant states that the requested authority can be tacked with its existing deemed necesary, applicant requests it Park Place, Newark, NJ 07102. Author­ be held at Washington, D.C. ity sought to operate as a common car­ authority, but indicates that it has no rier, by motor vehicle, over irregular present intention to tack and therefore No. MC 61592 (Sub-No. 229), filed Au­ routes, transporting: Wearing apparel does not identify the points or territories gust 2, 1971. Applicant: JENKINS and materials and supplies, used in the which can be served through tacking. TRUCK LINE, INC., 3708 Elm Street, manufacture of wearing apparel (fexcept Persons interested in the tacking pos­ Bettendorf, IA 52722. Applicant’s repre­ commodities in bulk), between Crewe sibilities are cautioned that failure to sentative: R. Connor Wiggins, Jr., 100 and Narrows, Va., on the one hand, and, oppose the application may result in an North Main Building, Memphis, Tenn. unrestricted grant of authority. I f a Authority sought to operate as a common on the other, Eagle Rock, Va. N o t e : by motor vehicle, over irregular Applicant states it desires to tack with hearing is deemed necessary, applicant carrier, all authorized operations in MC 44639 at requests it be held at Chicago, 111. routes, transporting: Seating and tables, from the plantsite of American Bleacher Crewe and Narrows, Va. I f a hearing is No. MC 60157 (Sub-No. 16), filed Au­ deemed necessary, applicant requests it gust 2, 1971. Applicant: C. A. W HITE Corp., at or near Baton Rouge, La., to points in the United States (except be held at New York, N.Y., or Washing­ TRUCKING COMPANY, a corporation, and Hawaii). N o t e : Applicant ton, D.C. 4641 Greenville Avenue, Dañas, T X states that the requested authority can­ 75206. Applicant’s representative: J. G. NOr MC 50307 (Sub-No. 60), filed not be tacked with its existing authority. August 2, 1971. Applicant: IN TER­ Dail, Jr., 1111 E Street NW „ Washing­ I f a hearing is deemed necessary, appli­ ton, DC 20004. Authority sought to op­ STATE DRESS CARRIERS, INC., 247 cant requests it be held at Baton Rouge, erate as a common carrier, by motor ve­ West 35th Street, New York, N Y 10001. La. Applicant’s representative: Herbert hicle, over irregular routes, transporting: Burstein, 30 Church Street, New York, Iron and steel and iron and steel articles, No. MC 61592 (Sub-No. 230), filed July N Y 10007. Authority sought to operate (1) between points in Texas, Oklahoma, 28, 1971. Applicant: JENKINS TRUCK as a common carrier, by motor vehicle, Arkansas, Louisiana, Kansas, and New LINE, INC., 3708 Elm Street, Bettendorf, over irregular routes, transporting: Mexico; and (2) between points named IA 52722. Applicant’s representative: Wearing apparel, on hangers, from in (1) above, on the one hand, Donald W. Smith, 900 Circle Tower Bethlehem, Pa., to Stratford, Conn. and, on the other, points in Mississippi Building, Indianapolis, Ind. 46204. Au­ and Alabama, restricted against the thority sought to operate as a cpmmon N o t e : Applicant states that the re­ quested authority cannot be tacked with transprtation of pipe as described in carrier, by motor vehicle, over irregular its existing authority. I f a hearing is Mercer Extension—Oil Field Commodi­ routes, transporting: Beer and malt bev­ deemed necessary, applicant requests it ties, 74 M.C.C. 459. N o t e : Applicant erages, from South Bend, Ind., to Bur­ lington, Davenport, and Muscatine, Iowa, be held at New York, N.Y. states that it now holds Mercer type au­ thority permitting it to operate, with the and empty containers on return. N ote: No. MC 52579 (Sub-No. 130), filed observance of certain gateways, within Common control may be involved. Ap­ August 4, 1971. Applicant: GILBERT the territory described in part (1) above. plicant states that the requested author­ CARRIER CORP., 1 Gilbert Drive, Se- Applicant further states that the re­ ity cannot be tacked with its existing caucus, NJ 07094. Applicant’s representa­ quested authority cannot be tacked with authority. If a hearing is deemed neces­ tive: W. Abel (same address as appli­ its existing authority. I f a hearing is sary, applicant requests it be held at cant). Authority sought to operate as a deemed necessary, applicant does not Chicago, 111. common carrier, by motor vehicle, over specify a location. irregular routes, transporting: Wearing No. MC 61788 (Sub-No. 28>, filed July No. MC 61592 (Sub-No. 227), filed Au­ 29, 1971. Applicant: GEORGIA- apparel, loose, on hangers, and materials FLORIDA-ALABAMA TRANSPORTA­ and supplies used in the manufacture of gust 2, 1971. Applicant: JENKINS TION COMPANY, a corporation, Speig- wearing apparel, between Miami and TRUCK LINE, INC., 3708 Elm Street, nor Street, Dothan, Ala. 36301. Appli­ Hialeah, Fla., on the one hand, and, on Bettendorf, IA 52722. Applicant’s repre­ cant’s representatives: Alan E. Serby, the other, Roanoke, Va. N ote: Applicant sentative: R. Connor Wiggins, Jr., 100 states that the requested authority can­ North Main Building, Memphis, Tenn. Post Office Box 872, Atlanta, GA 30301 not be tacked with its existing authority. 38103. Authority sought to operate as a and E. K. Walbum, Thurmond Road, common carrier, by motor vehicle, over Forest Park, Ga. 30050. Authority sought Common control may be involved. I f a irregular routes, transporting: Charcoal to operate as a common carrier, by motor hearing is deemed necessary, applicant briquettes, in bags, from Cotter, Ark., vehicle, over regular routes, transport­ requests it be held at New York, N.Y., or to points in Oklahoma, Tennessee, Il­ ing: General commodities (except house­ Newark, N.J. linois, Missouri, Kansas, Nebraska, Iowa, hold goods as defined by the Commission,

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17597 articles of unusual value, classes A and B beginning at Dallas, Ga., and the junc­ Post Office Box 770, Fayetteville, NC explosives, commodities requiring special tion of Georgia Highway 92 Spur and 28302. Applicant’s representative: A. W. equipment, and commodities in bulk), U.S. Highway 278 thence along Georgia Flynn, Jr., 1006 Wachovia Building, 201 serving points within a 15-mile radius of Highway 92 Spur and Georgia Highway North Elm Street, Post Office Box 180, Atlanta, Ga., as off-route points in con­ 92 in a southerly direction to junction Greenville, NC 27402. Authority sought nection with carrier’s otherwise author­ Georgia Highway 54 at or near Fayette­ to operate as a common carrier, by mo­ ized regular routes, restricted against the ville, Ga.; thence along Georgia High­ tor vehicle, over irregular routes, trans­ transportation of traffic, direct or inter­ way 54 to junction Georgia Highway 138 porting: Dry rendered tankage, in bulk, line, between Atlanta, on the one hand, at or near Jonesboro, Ga.; thence along from Allentown, Boyertown, Chester, and, on the other, the points named Georgia Highway 138 to junction Lancaster, and Philadelphia, Pa.; Brooklyn, N.Y.; Whippany, Elizabeth, herein. N o t e : Common control may be Georgia Highway 81 at or near Walnut involved. If a hearing is deemed neces­ Grove, Ga.; thence over Georgia High­ Bayonne, Newark, and Secawcus, N.J.; sary, applicant requests it be held at At­ way 81 to junction Georgia Highway 20 and Newark, Del., to Fayetteville, N.C. N o te : Applicant holds contract carrier lanta, Ga. near Loganville, Ga.; thence along Georgia Highway 20 to Lawrenceville, authority under MC 106915, therefore, No. MC 61825 (Sub-No. 42), filed Ga.; thence along Georgia Highway 120 dual operations may be involved. Appli­ July 27, 1971. Applicant: R O Y STONE to Alpharetta, Ga.; thence along an un­ cant states that the requested authority TRANSFER CORPORATION, V. C. r numbered highway westerly to junction cannot be tacked with its existing au­ Drive, Collinsville, Va. 24078. Applicant’s Georgia Highway 92 near Mountain thority. If a hearing is deemed neces­ representative: George S. Hales, Post O f­ Park, Ga.; thence along Georgia High­ sary, applicant requests it be held at fice Box 872, Martinsville, VA 24112. Au­ way 92 to junction Georgia Highway 92 Raleigh, N.C., or Washington, D.C. thority sought to operate as a common Spur at or near New Hope, Ga.; thence ca rrie r, by motor vehicle, over irregular No. MC 87720 (Sub-No. 113), filed July along Georgia Highway 92 Spur to the routes, transporting: New furniture, 30, 1971. Applicant: BASS TRANSPOR­ from Martinsville, Va., to points in point of beginning, restricted against TATIO N CO., INC., Old Croton Road, the transportation of traffic, direct or Arkansas and Texas. N o t e : Common Flemington, N.J. 08822. Applicant’s rep­ interline, between Atlanta, on the one control may be involved. Applicant states resentative: Bert Collins, 140 Cedar that the requested authority cannot be hand, and, on the other, points named Street, New York, NY 10006. Author­ herein. Note: N o duplicating authority is tacked with its existing authority. I f a ity sought to operate as a contract car­ hearing is deemed necessary, applicant being sought. I f a hearing is deemed rier, by motor vehicle, over irregular requests it be held at Washington, D.C. necessary applicant requests it be held routes, transporting: Such commodities at Atlanta, Ga. as are dealt in by retail and chain gro­ No. MC 62162 (Sub-No. 4), filed July No. MC 66340 (Sub-No. 7), filed July 8, cery, hardware, and drugstores, in con­ 26, 1971. Applicant: DAVE CAMPBELL, tainers, together with materials and doing business as CAMPBELL TRUCK 1971. Applicant: MILLIS TRANSPOR­ TATIO N CO., INC., 91 Union Street, supplies, except in bulk, used in the LINE, Lake City, Iowa 51449. Appli­ manufacture and distribution of the cant’s representative: Larry D. Knox, Millis, MA 02054. Applicant’s represent­ ative: William P. Sullivan, 1819 H aforementioned commodities, between 900 Hubbell Building, Des Moines, Iowa Cranford, N.J., New York, N.Y., Canton, 50309. Authority sought to operate as a Street NW., Washington, DC 20006. Au­ thority sought to operate as a contract Ohio, and Chicago, HI., restricted under common carrier, by motor vehicle, over contract with Boyle-Midway, Inc., and irregular routes, transporting: Detassel- carrier, by motor vehicle, over irregular routes, transporting: Insulating mate­ 'Boyle-Midway Division American Home ing machines, loading equipment, and Products Corp. N ote: If a hearing is harvesting machines on specially built rials, asbestos, asphalt, cement, roofing, building material, and materials and deemed necessary, applicant requests it semitrailers owned by shipper, (1) be­ be held at Washington, D.C. tween Coon Rapids, Iowa, and field sites supplies used in the manufacture, in­ in Kansas, Missouri, and Nebraska; and stallation, and distribution thereof, be­ No. MC 94201 (Sub-No. 95), filed July (2) between field sites in Iowa, Kansas, tween Millis, Mass., and points in Con­ 28, 1971. Applicant: BOWMAN TRANS­ necticut, Maine, Massachusetts, New Missouri, and Nebraska. N o t e : Applicant PORTATION, INC., 1010 Stroud Avenue, states that the requested authority can­ Hampshire, Rhode Island, and Vermont, Gadsden, AL 35903. Applicant’s repre- not be tacked with its existing authority. under continuing contract with the GAF entative: Charles Ephraim, 1250 Con­ If a hearing is deemed necessary, appli­ Corp. Note: Applicant holds common necticut Avenue NW., Suite 600, cant requests it be held at Des Moines, carrier authority under certificate MC Washington, DC 20036. Authority sought Iowa, and Omaha, Nebr. 78917 therefore dual operations may be to operate as a common carrier, by mo­ involved. I f a hearing is deemed neces­ tor vehicle, over regular routes, trans­ No. MC 65697 (Sub-No. 46), filed sary, applicant requests it be held at porting: General commodities (except July 29, 1971. Applicant: THEATRES Washington, D.C., or Boston, Mass. those of unusual value, and except SERVICE COMPANY, a corporation, 830 classes A and B explosives, household Willoughby Way NE., Atlanta, GA 30312. No. MC 66886 (Sub-No. 23), filed August 2, 1971. Applicant: BELGER goods as defined by the Commission, Applicant’s representatives: Alan E. commodities in bulk, and those requiring Serby, Post Office Box 872, Atlanta, GA CARTAGE SERVICE, INC., 2100 Walnut Street, Kansas City, MO 64108. Appli­ special equipment), between Memphis, 30301, and R. D. Cassell (same address Tenn., and Montgomery, Ala.: (1) From as applicant). Authority sought to oper­ cant’s representative: Frank W. Taylor, Jr., 1221 Baltimore Avenue, Kansas Memphis over U.S. Highway 78 to Birm­ ate as a common carrier, by motor ve­ ingham, Ala., thence over U.S. Highway hicle, over regular routes, transporting: City, MO 64105. Authority sought to 31 and/or Interstate Highway 65 to General commodities (except household operate as a common carrier, by motor vehicle, over irregular routes, transport­ Montgomery, Ala., and return over the goods as defined by the Commission, ar­ same route; and (2) from Memphis over ticles of unusual value, classes A and B ing: Stadiums, grandstands, portable bleachers, and materials, supplies, and U.S. Highway 78 to Tupelo, Miss., thence explosives, commodities requiring spe­ over U.S. Highway 45 to Columbus, Miss., cial equipment, and commodities in fixtures used in the construction thereof, from Baton Rouge, La., to thence over U.S. Highway 82 to Mont­ bulk), serving points within a 15-mile gomery, Ala., and return over the same radius of Atlanta, Ga., as off-route points in the United States (except Alaska, Hawaii, and Louisiana). N ote: route. Service is authorized to inter­ points in connection with carrier’s other­ mediate and off-route points in Shelby wise authorized regular routes; or, in Applicant states that the requested au­ thority cannot be tacked with its exist­ County, Tenn., and those in Alabama the alternative, serving an area within ing authority. I f a hearing is deemed within 15 miles of Montgomery, Ala. approximately 15 miles of Atlanta as necessary, applicant requests it be held N ote : The purpose of this application is off-route points in connection with at New Orleans, La. to shorten applicant’s regular-route carrier’s otherwise authorized regular No. MC 80018 (Sub-No. 17), filed July mileage between Memphis, Tenn., and routes, to wit: All points lying on and 12, 1971. Applicant: EDMAC TRUCK­ Montgomery, Ala., and the immediate within the area embraced by a line IN G COMPANY, INC., 620 Dunn Road, vicinity of those two cities. N ote: I f a

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17598 NOTICES hearing is deemed necessary, applicant Highway 231 in Allen County, Ky., but (same address as applicant). Authority requests it be held at Washington, D.C. no duplicating authority is sought, and sought to operate as a common carrier, is willing for usual restriction concerning by motor vehicle, over regular routes, No. MC 94826 (Sub-No. 9), filed July 22, 1971. Applicant: RICHARD duplication to be imposed. I f a hearing transporting: General commodities (ex­ is deemed necessary, applicant requests ACERRA, INC., 43-09 Vernon Boulevard, cept household goods as defined by the it be held at Louisville, Ky., Frankfort, Long Island City, New York, N Y 11101. Commission, articles of unusual value, Applicant’s representative: J. Aiden Ky., or Nashville, Tenn. classes A and B explosives, commodities Connors, 145 East 49th Street, New York, No. MC 97874 (Sub-No. 2), filed requiring special equipment, and com­ N Y 10017. Authority sought to operate July 28, 1971. Applicant: WINTER modities in bulk), serving points within a 15-mile radius of Atlanta, Ga., as off- as a contract carrier, by motor vehicle, BROS., INC., 1840 R Street, Lincoln, NE over irregular routes, transporting: 68508. Applicant’s representative: J. route points in connection with carrier’s Bakery products in containers, bakery Max Harding, Post Office Box 82028, 605 otherwise authorized regular routes; or, products containers and stale bakery South 14th Street, Lincoln, NE 68501. in the alternative, serving an area within products, between Irvington, N.J., and Authority sought to operate as a common approximately 15 miles of Atlanta as off- Farmingdale (Long Island), N.Y., under carrier, by motor vehicle, over regular route points in connection with carrier’s contract with Borden, Ipc., Foods Divi­ routes, transporting: General commodi­ otherwise authorized regular routes, as follows: All points lying on and within sion, Drake Bakeries, Wayne, N.J. N o t e : ties, except those of unusual value, classes I f a hearing is deemed necessary, appli­ A and B explosives, household goods as the area embraced by a line beginning at Dallas, Ga., and the junction of cant requests it be held at New York, defined by the Commission, commodities Georgia Highway 92 Spur and U.S. N.Y., or Washington, D.C. in bulk, commodities requiring special equpiment and those injurious or con­ Highway 278, thence over Georgia High­ No. MC 96116 (Sub-No. 138), filed taminating to other lading, serving way 92 Spur and Georgia Highway 92 in July 21, 1971. Applicant: SPECTOR Council Bluffs, Iowa, as an off-route a southerly direction to junction Georgia FREIGHT SYSTEM, INC., 205 West point in connection with its regular route Highway 54 at or near Fayetteville, Ga.; Wacker Drive, Chicago, IL 60606. Appli­ thence over Georgia Highway 54 to junc­ authority. N o t e : I f a hearing is deemed cant’s representative: Carl L. Steiner, necessary, applicant requests it be held tion Georgia Highway 138 at or near 39 South La Salle Street, Chicago, IL at Omaha, Nebr. Jonesboro, Ga.; thence over Georgia 60603. Authority sought to operate as a Highway 138 to junction Georgia High­ common carrier, by motor vehicle, over No. MC 103926 (Sub-No. 26), filed way 81 at or near Walnut Grove, Ga.; irregular routes, transporting: Iron and July 27, 1971/ Applicant: W. T. MAY- thence over Georgia Highway 81 to junc­ steel articles, from the plantsite and FIELD SONS TRUCKING CO., Post tion Georgia Highway 20 near Loganville, warehouse facilities of North Star Steel Office Box 43171, Industrial Branch, Ga.; thence over Georgia Highway 20 to Co., at or near Newport, Minn., to points Atlanta, GA 30336. Applicant’s represent­ Lawrenceville, Ga.; thence over Georgia in Alabama, Connecticut, Delaware, ative: R. J. Reynolds, Jr., 604-09 Healey Highway 120 to Alpharetta, Ga.; thence Georgia, Illinois, Indiana, Kentucky, Building, Atlanta, Ga. 30303. Authority over an unnumbered highway westerly Louisiana, Maine, Maryland, Massachu­ sought to operate as a common carrier, to junction Georgia Highway 92 near setts, Michigan, Mississippi, New Hamp­ by motor vehicle, over irregular routes, Mountain Park, Ga.; thence over shire, New Jersey, New York, Ohio, Okla­ transporting: Contrators’ machinery and Georgia Highway 92 to junction Georgia homa, Pennsylvania, Rhode Island, Ten­ equipment, not limited to such commod­ Highway 92 Spur at or near New Hope, nessee, Texas, Vermont, Virginia, West ities as are intended solely for use by con­ Ga.; thence over Georgia Highway 92 Virginia, Wisconsin, and the District of tractors, between points in Georgia, Ala­ Spur to the point of beginning, restricted Columbia. N o t e : Applicant states that bama, Florida, North Carolina, South against the transportation of traffic, di­ the requested authority cannot be tacked Carolina, and Tennessee. N o t e : Appli­ rect or interline, between Atlanta, on the with its existing authority. I f a hearing cant states that by tacking the authority one hand, and, on the other, the points is deemed necessary, applicant requests herein applied for to its present certifi­ named herein. N o t e : Common control it be held at Chicago, HI., or Minneapo­ cate in MC 103926 Sub 13, at Newnan, may be involved. I f a hearing is deemed lis, Minn. Ga., wherein it is authorized to transport necessary, applicant requests it be held metal tanks, requiring special equipment at Atlanta, Ga. No. MC 97394 (Sub-No. 10), filed and handling, so that it can transport July 26, 1971. Applicant: BOWLING said commodities from points in Georgia No. MC 106163 (Sub-No. 31), filed Au­ GREEN EXPRESS, INC., Post Office Box other than Newnan to points in Kentucky gust 6, 1971. Applicant: RED LINE 1111, Plum Springs Road, Bowling Green, and Mississippi. If a hearing is deemed TRANSFER AND STORAGE COM­ K Y 42101. Applicant’s representative: necessary, applicant requests it be held at PANY, INC., 2600 West Sixth Avenue, Carl U. Hurst, Post Office Box E, Bowl­ Atlanta, Ga., or Washington, D.C. Pine Bluff, AR 71601. Applicant’s repre­ ing Green, K Y 42101. Authority sought sentative: Louis Tarlowski, 914 Pyramid to operate as a common carrier, by motor No. MC 103993 (Sub-No. 657), filed Life Building, Little Rock, Ark. 72201. vehicle, over irregular routes, transport­ August 2, 1971. Applicant: MORGAN Authority sought to operate as a com­ ing: General commodities (except those DRIVE-AWAY, INC., 2800 West Lexing­ mon carrier, by motor vehicle, over ir­ of unusual value, classes A and B explo­ ton Avenue, Elkhart, IN 46514. Appli­ regular routes, transporting: Paper and sives, household goods as defined by the cant’s representative: Paul D. Borghe- paper products, from plantsite and ware­ Commission, commodities in bulk and sani (same address as applicant). Au­ house facilities of Olinkraft, Inc., at those requiring special equipment), be­ thority sought to operate as a common Monroe and West Monroe, La., to points tween the plantsite of the Perry Co., lo­ carrier, by motor vehicle, over irregular in Arkansas, Texas, and those in Missis­ cated approximately 4 miles south of routes, transporting: Building, in sec­ sippi on and north of U.S. Highway 80. Central City, Ky., on U.S. Highway 431, tions, on undercarriages, from points in N o t e : . Applicant states that the re­ and points in Sumner, Robertson, and York County, S.C., to points in the United quested authority cannot be tacked with Montgomery Counties, Tenn., and Allen, States (except Alaska and Hawaii). its existing authority. If a hearing is Barren, Edmondson, Hart, Simpson, and N o t e : Applicant states that the re­ deemed necessary, applicant requests it quested authority cannot be tacked with Warren Counties, Ky. N o t e : Common be held at Little Rock, Ark. control may be involved. Applicant states its existing authority. I f a hearing is that it intends to tack the requested au­ deemed necessary, applicant requests it No. MC 106644 (Sub-No. 123), filed Au­ thority with its existing authority at be held at Atlanta, Ga. gust 2, 1971. Applicant: SUPERIOR TRUCKING COMPANY, INC., 2770 Pey­ Bowling Green, Ky., so as to serve Louis­ No. MC 105887 (Sub-No. 46), filed ville, Ky., and Nashville, Tenn. Applicant ton Road NW., Post Office Box 916, July 29, 1971. Applicant: M R & R Atlanta, GA 30301. Applicant’s repre­ further states that the authority sought TRUCKING COMPANY, a corporation, duplicates in part the applicant’s Sub~ 715 North Ferdon Boiilevard, Crestview, sentatives: Duane W. Acklie, Post Office No. 4 authority which authorizes all in­ FL 32536. Applicant’s representative: Box 80806, Lincoln, NE 68501 and Darrell termediate points on U.S. Highway 231 Alan E. Serby, Post Office Box 872, D. Hodges (same address as applicant). in Warren County, Ky., and part of U.S. Atlanta, GA 30301, and Virgil M. Pigott Authority sought to operate as a com m on

FEDERAL REGISTER. VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 1759# ca rrie r, by motor vehicle, over irregular and Alan E. Serby, Post Office Box 872, address as applicant) and E. Stephen routes, transporting: Wire and, plastic Atlanta, GA 30301. Authority sought to Heisley, 666 11th Street NW., Washing­ clo th , paper and pulpmiU screens, core operate as a common carrier, by motor ton, DC 20001. Authority sought to op­ containers and related items, between vehicle, over irregular routes, transport­ erate as a common carrier, by motor Mentor, Ohio, Cleveland, Ohio, and ing: (1) Paper and paper products (ex­ vehicle, over irregular routes, transport­ Florence, Miss., on the one hand, and, cept in bulk) from Asheville, Waynes- ing: Smoke flavoring, liquid, in bulk, from on the other, points in Arizona, Cali­ ville, and Canton, N.C.; Piqua and Manitowoc, Wis., to points in the United fornia, Montana, Idaho, Oregon, Wash­ Hamilton, Ohio; Courtland, Ala.; and States (except Alaska and Hawaii). ington, Utah, and Colorado. N o te : Com­ Houston, Tex., to points in the United N o t e : Applicant states that the re­ mon control and dual operations may be States (except Alaska and Hawaii), and quested authority cannot be tacked with involved. Applicant states that the re­ (2) materials and supplies, used in the its existing authority. If a hearing is quested authority cannot be tacked with manufacture of paper and paper prod­ deemed necessary, applicant requests it its existing authority. I f a hearing is ucts (except in bulk) from points in the be held at Chicago, HI., or Washington, deemed necessary, applicant requests it United States (except Alaska and DC. be held at Cleveland or Columbus, Ohio. Hawaii) to points of origin named in (1) No. MC 111545 (Sub-No. 163), filed above. N o t e : Carrier holds contract car­ No. MC 107456 (Sub-No. 19), filed July rier authority under MC 126436, there­ July 28,1971. Applicant: HOME TRANS­ 22, 1971. Applicant: HARRY L. YOUNG fore dual operations may be involved. PORTATION COMPANY, INC., 1425 AND SONS, INC., 542 West Sixth Street, Applicant states that the requested au­ Franklin Road, Post Office Box 6426, Sta­ Salt Lake City, UT 84104. Applicant’s thority can be tacked with its existing tion A, Marietta, GA 30060. Applicant’s representative: Lon Rodney Kump, 720 authority but indicates that it has no representative: Robert E. Bom, Post Of­ Newhouse Building, Salt Lake City, Utah present intention to tack and therefore fice Box 6426, Station A, Marietta, GA 84111. Authority sought to operate as a does not identify the points or territories 30060. Authority sought to operate as a common carrier, by motor vehicle, over which can be served through tacking. common carrier, by motor vehicle, over irregular routes, transporting: Com­ Persons interested in the tacking possi­ irregular routes, transporting: (1) (a) modities which by reason of size or bilities are- cautioned that failure to op­ Tractors except those with vehicle beds, weight require special handling or the pose the application may result in an un­ bed frames, and fifth wheels, (b) use of special equipment, and commodi­ restricted grant of authority. Applicant equipment designed for use in con­ ties which do not require special han­ holds nor seeks no duplicating authority junction with tractors, (c) agricultural, dling or the use of special equipment in any pending application. I f a hearing industrial and construction machinery when moving in the same shipment on isi. deemed necessary, applicant requests and equipment, (d) trailers designed for the same bill of lading as commodities the transportation of the above-described which, by reason of size or weight, re­ it be held at , Ohio, or Atlanta, Ga. commodities (except those trailers de­ quire special handling or the use of spe­ signed to be drawn by passenger automo­ cial equipment; (2) self-propelled arti­ No. MC 109397 (Sub-No. 258), filed biles), (e) attachments for the above- cles, weighing 15,000 pounds or more, and July 23, 1971. Applicant; TR I-STATE described commodities, (f) internal com­ related machinery, tools, parts, and sup­ MOTOR TRAN SIT CO., a corporation, bustion engines, and (g) parts of the plies moving in connection therewith; Post Office Box 113, Joplin, MO 64801. above-described commodities when mov­ and (3) iron and steel articles as de­ Applicant’s representative: A. N. Jacobs ing in mixed loads with such commodi­ scribed in Descriptions in Motor Carrier (same address as applicant). Authority ties, from the plants, warehouse sites Certificates, ex parte No. MC-45; and (4) sought to operate as a common carrier, by and experimental' farms of Deere & Co. construction materials, equipment, and motor vehicle, over irregular routes, in Blackhawk, Dubuque, Polk, and supplies; and (5) material handling transporting: Missiles and.missile parts Wapello Counties, Iowa, to points in equipment, between points in Utah, and supplies, materials, parts and com­ Florida, Georgia, North Carolina, and Idaho, Montana, Oregon, Washington, ponents used in the maintenance, servic­ South Carolina; and returned shipments Nevada, Arizona, and California. N o t e : ing, repairs, and operation of missiles, be­ of the above-specified commodities, on By this territory description applicant tween points in Orange County, Fla., return. Restriction: Restricted in (1) requests authority to operate between all Caddo and Bossier Counties, La., on the above, to the transportation of traffic points and places in each of the above one hand, and, on the other, points in originating at the plantsites, warehouse States to all points and places in. each Montana and North Dakota. N o te : Com­ sites, and experimental farms of Deere & of the other States, and also applicant mon control may be involved. Applicant Co. named and in (2) above, to the trans­ seeks authority to operate to and from states that the requested authority can­ portation of traffic destined to said facili­ all points and places within each of the not be tacked with its existing authority. ties. N o te : Applicant states no duplicate- States so long as the transportation is I f a hearing is deemed necessary, appli­ authority is being sought. I f a hearing interstate commerce. By the instant ap­ cant requests it be held at Miami, Fla., or is deemed necessary, applicant requests plication applicant also seeks to elim­ Washington, D.C. it be held at Chicago, HI. inate gateways and to clarify existing No. MC 109708 (Sub-No. 53), filed July No. MC 111545 (Sub-No. 164), filed commodity descriptions which have been 29, 1971. Applicant: INDIAN RIVER August 2, 1971. Applicant: HOME somewhat confused in recent decisions of TRANSPORT CO., doing business as TRANSPORTATION COMPANY, INC., the Commission, and finally to enable INDIAN RIVER TRANSPORT, INC., 1425 Franklin Road SE., Marietta, GA applicant to perform a complete service Box 1749, Fort Pierce, FL 33450. Appli­ 30060. Applicant’s representative: Robert m the territory traditionally served by cant’s representative: Harry J. , E. Bom (same address as applicant). Au­ •applicant on a joint-line basis, so that 1000 16th Street. NW., Washington, DC thority sought to operate as a common applicant may compete with several 20036. Authority sought to operate as a large interstate carriers which have re­ carrier, by motor vehicle, over irregular common carrier, by motor vehicle, over cently received direct-line authority in routes, transporting: Aluminum mill irregular routes, transporting: Wine, in this territory. Applicant further states products, from Riverside, Calif., to Love­ bulk, in tank vehicles, between Peters­ that the requested authority cannot be land, Colo., Tulsa, Okla., McPherson, burg, Va., and Patrick, S.C. N o t e : Appli­ tacked with its existing authority. I f a Kans., and Alvarado, Tex. N o t e : Appli­ hearing is deemed necessary, applicant cant states that the requested authority cant states that the requested authority cannot be tacked with its existing au­ can be tacked with its existing authority, S'®*91* be held at Salt Lake City, thority. If a hearing is deemed necessary, Utah; Los Angeles and San Francisco, but indicates that it has no present inten­ uahf.; and Portland, Oreg. applicant requests it be held at Miami, tion to tack and therefore does not iden­ Fla., or Washington, D.C. tify the points or territories which can t,? 107515 (Sub-No. 763), file No. MC 110988 (Sub-No. 276), filed be served through tacking. Persons inter­ Tim S I;1971, Applicant: REFRIGERA August 4, 1971. Applicant: SCHNEIDER TED TRANSPORT CO., INC., Post Qflfit ested in the tacking possibilities are cau­ TA N K LINES, INC., 200 West Cecil tioned that failure to oppose the applica­ Box 308, Forest Park, GA 30050. Appl Street, Neenah, W I 54956. Applicant’s tion may result in an unrestricted grant cant’s representative: Paul M. Danie representatives: David A. Petersen (same of authority. If a hearing is deemed nec-

No. 171----- 7 FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17600 NOTICES essary, applicant requests it be' held at Authority sought to operate as a common and beverages, from points in California, Washington, D.C., or Los Angeles, Calif. carrier, by motor vehicle, over irregular to points in Cblorado, Nebraska, New No. MC 111831 (Sub-No. 9), filed routes, transporting: Vinegar, in bulk, Mexico, Texas, and Wyoming. N o t e : August 4, 1971. Applicant: SAMUEL from Kansas City, Mo., to points in Iowa Applicant states that tacking possibili­ STANGLE, Post Office Box 56, Martins­ and Nebraska. N o t e : Applicant states ties exist, but indicates that it has no ville, NJ 08836. Applicant’s representa­ that the requested authority camiot be present intention to tack. Persons inter­ tive: Paul J. Keeler, Post Office Box 253, tacked with its existing authority. If a ested in the tacking possibilities are South Plainfield, NJ 07080. Authority hearing is deemed necessary, applicant cautioned that failure to oppose the ap- sought to operate as a contract carrier, requests it be held at Chicago, HI. plicatiou may result in an unrestricted by jnotor vehicle, over irregular routes, No. MC 113059 (Sub-No. 2), filed Au­ grant of authority. I f a hearing is transporting: Brick and clap- products, gust 2, 1971. Applicant: GREENUP deemed necessary, applicant requests it from Hillsborough Township (Somerset TRUCKING COMPANY, a corporation, be held at Los Angeles, Calif., or Denver County), and Sayreville, N.J., to points in Post Office Box 725, Shelby, M T 59474. Colo. Maine, New Hampshire, Vermont, Massa­ Applicant’s representative: A. W. Scrib­ No. MC 113678 (Sub-No. 432), filed chusetts, Rhode Island, Connecticut, New ner, 415 Power Block, Helena, M T 59601. July 26, 1971. Applicant: CURTIS, INC., York, Pennsylvania, Ohio, West Virginia, Authority sought to operate as a common Post Office Box 16004, Stockyards Sta­ Virginia, Delaware, and Maryland, under carrier, by motor vehicle, over irregular tion, Denver, CO 80216. Applicant’s rep­ contract with Glen-Gery Corp. N o t e : If routes, transporting: Petroleum and resentatives: Duane Acklie and Richard a hearing is deemed necessary, applicant petroleum products, in bulk, in tank ve­ Peterson, Post Office Box 80806, Lincoln, requests it be held at Newark, N.J., or hicles, from points in Montana to points NE 68501. Authority sought to operate New York, N.Y. in Idaho. N ote : Applicant states that the as a common carrier, by motor vehicle, No. MC 113362 (Sub-No. 219), filed requested authority cannot be tacked over irregular routes, transporting: July 30, 1971. Applicant: ELLSWORTH with its existing authority. I f a hearing Foodstuffs, from points in Minnesota, to FREIGHT LINES, INC., 310 East Broad­ is deemed necessary, applicant requests points in Montana, Colorado, New Mex­ way, Eagle Grove, IA 50533. Applicant’s it be held at Billings, Mont. ico, Arizona, Utah, California, Nevada, representative: James Ellsworth, 4500 No. MC 113434 (Sub-No. 47), filed July Oregon, Washington, Idaho, and North State Line Road, Texarkana, AR 23, 1971. Applicant: GRA-BELL TRUCK Wyoming. N o t e : Applicant states al­ 75501. Authority sought to operate as a LINE, INC., 679 Lincoln Avenue, Hol­ though there are tacking possibilities common carrier, by motor vehicle, over land, M I 49423. Applicant’s representa­ it has no present intention to tack and irregular routes, transporting: Prepared tive: Wilhelmina Boersma, 1600 First therefore, does not identify the areas and preserved foodstuffs (except frozen Federal Building, Detroit, Mich. 48226. that could be served by tacking, but and commodities in bulk), from Cade Authority sought to operate as a com­ cautions interested parties that a. lack and Lozes, La., to points in Arkansas, mon carrier, by motor vehicle, over ir­ of protest may result in an unrestricted points on and east of U.S. Highway 65 in regular routes, transporting: Food, food grant of authority. I f a hearing is Missouri, and points on and west of U.S. preparations, and foodstuffs (except in deemed necessary, applicant requests it Highways 45 and 45-E in Tennessee. bulk, in tank vehicles), from Cham­ be held at Denver, Colo., Omaha, Nebr., N o t e : Applicant states that the re­ paign, HI., to points in Michigan, re­ or Minneapolis, Minn. quested authority cannot be tacked with stricted to the transportation of traffic No. MC 113678 (Sub-No. 433), filed Au­ its existing authority. I f a hearing is originating at Champaign, HI. N o t e : gust 2, 1971. Applicant: CURTIS, INC., deemed necessary, applicant requests it Applicant states that the requested au­ Post Office 16004, Stockyards Station, be held at New Orleans, La. thority can be tacked with its existing Denver, CO 80216. Applicant’s represen­ No. MC 113362 (Sub-No. 220), filed authority but indicates that it has no tatives: Duane Acklie and Richard Peter­ July 26, 1971. Applicant: ELLSWORTH present intention to tack and therefore son, Post Office Box 80806, Lincoln, NE FREIGHT LINES, INC., 310 East Broad­ does not identify the points or territories 68501. Authority sought to operate a s a way, Eagle Grove, IA 50533. Applicant’s which can be served through tacking. common carrier, by motor vehicle, over representative: James Ellsworth, 4500 Persons interested in the tacking possi­ irregular routes, transporting: Soft North State Line Road, Texarkana, AR bilities are cautioned that failure to op­ drinks and juices, canned or bottled, 75501. Authority sought to operate as a pose the application may result in an from Denver, Colo., to points in New common carrier, by motor vehicle, over unrestricted grant of authority. I f a Mexico, Oklahoma, and Texas. N o t e : irregular routes, transporting: Meats, hearing is deemed necessary, applicant Applicant states that although it does meat products, and meat byproducts, and requests it be held at Washington, D.C., not intend to tack, there are possibilities articles distributed by meat packing­ Chicago, HI., or Lansing, Mich. for tacking and applicant warns that an houses as described in sections A and C No. MC 113670 (Sub-No. 5), filed July unprotested application could result in of appendix I to the report in Descrip­ 19,1971. Applicant: LEWIS PRICE, 4200 an unrestricted authority. If a hearing tions in M otor Carrier Certificates, 61 75th Street, Des Moines, IA 50322. Ap­ is deemed necessary, applicant requests M.C.C. 209 and 766 (except hides and plicant’s representative: Larry D. Knox, it be held at Denver, Colo., or O m a h a , commodities in bulk), from the plantsite 900 Hubbell Building, Des Moines, IA Nebr. and storage facilities utilitized by Aristo 50309. Authority sought to operate as a No. MC 113678 (Sub-No. 434), file d Au­ Kansas Meat Packers, at or near Holton, contract carrier, by motor vehicle, over gust 2, 1971. Applicant: CURTIS, INC., Kans., to points in Iowa, Minnesota, Ne­ irregular routes, transporting: Clay pipe Post Office Box 16004, Stockyards S t a ­ braska, North Dakota, South Dakota, and fittings, from Des Moines, Iowa, to tion, Denver, CO 80216. Applicant’s r e p ­ and Wisconsin, restricted to traffic which points in Kansas, under contract with resentatives: Duane Acklie and R ic h a r d originates at the plantsite and storage Can-Tex Industries, Inc. N o t e : I f a Peterson, Post Office Box 80806, L in c o ln , facilities, and destined to the above- hearing is deemed necessary, applicant NE 68501. Authority sought to o p e r a t e as named States. N o t e : Applicant states requests it be held at Des Moines, Iowa, a common carrier, by motor vehicle, over that the requested authority cannot be or Omaha, Nebr. irregular routes, transporting: Food­ tacked with its existing authority. If a No. MC 113678 (Sub-No. 431), filed stuffs, from points in Hlinois, W is c o n s in , hearing is deemed necessary, applicant August 2, 1971. Applicant: CURTIS, Iowa, Nebraska, and Missouri, to p o in ts requests it be held at Kansas City, Mo., INC., Post Office Box 16004, Stockyards in Colorado, Montana, New Mexico, Ari­ or Omaha, Nebr. Station, Denver, CO 80216. Applicant^ zona, Utah, California, Nevada, O re g o n , No. MC 112801 (Sub-No. 128), filed representatives: Duane Acklie and Washington, Idaho, and W y o m in g . July 28, 1971. Applicant: TRANSPORT Richard Peterson, Post Office Box 80806, N o t e : Applicant states although a p p li­ cant does not intend to tack, t h e r e are SERVICE CO., a corporation, Post Office Lincoln, NE 68501. Authority sought to possibilities for tacking and a p p lic a n t Box 50272, Chicago, IL 60650. Applicant’s operate as a common carrier, by motor warns that an unprotested application representative: Albert A. Andrin, 29 vehicle, over irregular routes, transport­ could result in an unrestricted grant o f South La Salle Street, Chicago, IL 60603. ing: Foods, foodstuffs, food products, authority. I f a hearing is deemed n e ce s-

FEDERAL REGISTER, VOL. 36. NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17601 sary, applicant requests it be held at the F ederal R e g ist e r issue of June 10, carrier, by motor vehicle, over irregular Omaha, Nebr., or Chicago, HI. 1971, and republished as amended, this routes, transporting: (1) Feldspar and No. MC 113784 (Sub-No. 43) . filed July issue. Applicant: HUFF TRANSPORT silica sand, in bulk (except in tank or 27, 1971. Applicant: LAIDLAW TRANS­ CO., INC., 2114 South 41 Street, Louis­ hopper type vehicles), from the plant- PORT LIMITED, 65 Guise Street, Ham­ ville, K Y 40211. Applicant’s represent­ sites of Lawson United Feldspar & Min­ ilton, ON, Canada. Applicant’s represent­ ative: George M. Catlett, 703-706 Mc­ eral Co., at or near Minpro and Spruce atives: David Sutherlund and Theodore Clure Building, Frankfort, Ky. 40601. Pine, N.C., to points in Georgia, South Polydoroff, 1140 Connecticut Avenue Authority sought to operate as a com­ Carolina and Virginia; and (2) feldspar NW., Washington, DC 20036. Authority mon carrier, by motor vehicle, over ir­ and silica sand, in bulk, from the plant- sought to operate as a common carrier, regular routes, transporting: Chemicals, sites of Lawson United Feldspar & Min­ by motor vehicle, over irregular routes, in bulk, from Murray, Ky., to points in eral Co., at or near Minpro and Spruce transporting: Dry animal and poultry Alabama, Arkansas, Connecticut, Dela­ Pine, N.C., to points in Alabama, Arkan­ feed and feed ingredients, (1) from the ware, Florida, Georgia, Illinois, Indiana, sas, Connecticut, Delaware, Florida, Illi­ international boundary between the Iowa, Kansas, Kentucky, Louisiana nois, Indiana, Kansas, Kentucky, Lou­ United States and Canada located on the Maine, Maryland, Massachusetts, Michi­ isiana, Maryland, Massachusetts, Michi­ Niagara River, N.Y., to points in Con­ gan, Minnesota, Mississippi, Missouri, gan, Mississippi, Missouri, New Jersey, necticut, Delaware, Indiana, Kentucky, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Pennsyl­ Maine, Maryland, Massachusetts, Michi­ New York, North Carolina, Ohio, Okla­ vania, Rhode Island, Tennessee, Texas, gan, New Hampshire, New Jersey, New homa, Pennsylvania, Rhode Island, West Virginia, and Wisconsin. N o t e : Ap­ York, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennes­ plicant states that the requested author­ Vermont, Virginia, and West Virginia;' see, Texas, Vermont, Virginia, West Vir­ ity cannot be tacked with its existing and (2) from the international bound­ ginia, Wisconsin, and the District of authority. I f a hearing is deemed neces­ ary between the United States and Columbia. N o t e : Applicant indicates that sary, applicant requests it be held at Canada located on the Detroit and St. the requested authority can be tacked Washington, DC., Charlotte, N.C., or Clair Rivers, Mich., to points in Indiana, with its existing authority but indicates Atlanta, Ga. Kentucky, Michigan, and Ohio. N o t e : it has no present intention to tack and No. MC 116073 (Sub-No. 179), filed Applicant states that the authority therefore does not identify the points or July 28, 1971. Applicant: BARRETT sought herein will be joined with au­ territories which can be served through MOBILE HOME TRANSPORT, INC., thority held to conduct operations with such tacking. Persons interested in the Post Office Box 919, Moorhead, MN Canada. However, no authority from the tacking possibilities are cautioned that 56560. Applicant’s representative: Robert I.C.C. is required to perform that portion failure to oppose the application may re­ G. Tessar, 1819 Fourth Avenue South, of the operations. I f a hearing is deemed sult in an unrestricted grant of author­ Kegel Plaza, Moorhead, MN 56560. Au­ necessary, applicant requests it be held ity. The purpose of this republication is thority sought to operate as a common at Buffalo, N.Y. to reflect the above change in the tack­ carrier, by motor vehicle, over irregular ing information. I f a hearing is deemed No. MC 113843 (Sub-No. 172), filed routes, transporting: Trailers designed to necessary, applicant requests it be held be drawn by passenger automobiles, in August 2, 1971. Applicant: REFRIGER­ at Washington, D.C., or Louisville, Ky. ATED FOOD EXPRESS, INC., 316 initial movements and buildings c om- Summer Street, Boston, M A 02210. Ap­ No. MC 114273 (Sub-No. 97), filed Au­ plete or in sections, from points in Gal­ plicant’s representative: Lawrence T. gust 4, 1971. Applicant: CEDAR RAPIDS latin County, Mont., to points in the Shells (same address as applicant). Au­ STEEL TRANSPORTATION, INC., Post United States, including Alaska (exclud­ thority sought to operate as* a common Office Box 68, Cedar Rapids, IA 52406. ing Hawaii). N o t e : Applicant states that carrier, by motor vehicle, over irregular Applicant’s representatives: Robert E. the requested authority cannot be tacked routes, transporting: Food and food Konchar, 2720 First Avenue NE, Cedar with its existing authority. I f a hearing products, from Chelsea, Mich., to points Rapids, IA 52402 and Gene R. Prokuski is deemed necessary, applicant requests in Connecticut, Delaware, Maine, Mary­ (same address as applicant). Authority it be held at Butte, Mont. land, Massachusetts, New Hampshire, sought to operate as a common carrier, No. MC 116073 (Sub-No. 180), filed New Jersey, New York, Pennsylvania, by motor vehicle, over irregular routes, July 19, 1971. Applicant: BARRETT Rhode Island, Vermont, Virginia,. West transporting: Meats, meat products, and MOBILE HOME TRANSPORT, INC., Virginia, and the District of Columbia. meat byproducts and articles distributed Post Office Box 919, Moorhead, MN N ote: Applicant states that the re­ by meat packinghouses as described in 56560. Applicant’s representative: Robert quested authority cannot be tacked with sections A and C of appendix I to the G. Tessar, 1819 Fourth Avenue South, its existing authority. Common control report in Descriptions in Motor Carrier Kegel Plaza, Moorhead, MN 56560. Au­ may be involved. I f a hearing is deemed Certificates, 61 M.C.C. 209 and 766 (ex­ thority sought to operate as a common necessary, applicant requests it be held cept hides and commodities in bulk), carrier by motor vehicle, over irregular at Washington, D.C., or Detroit, Mich. from Emporia, Kans., and West Point, routes, transporting: Buildings, building Nebr., to points in Maine, Vermont, New No. MC 114019 (Sub-No. 221), filed sections, building panels, parts and acces­ Hampshire, Massachusetts, Connecticut, July 23, 1971. Applicant: MIDWEST sories, from points in Sedgewick County, Rhode Island, New York, New Jersey, Kans., to points in the United States EMERY FREIGHT SYSTEM, INC., 7000 Pennsylvania, Maryland, Delaware, Vir­ South Pulaski Road, Chicago, IL 60629. (except Alaska and Hawaii). N o te : Ap­ ginia, West Virginia, and the District of plicant states that the requested author­ Applicant’s representative: Edward G. Columbia, restricted to traffic originating Bazelon, 39 South La Salle Street, Chi­ ity cannot be tacked with its existing au­ at the plantsites and storage facilities of cago, IL 60603. Authority sought to thority. I f a hearing is deemed neces­ Iowa Beef Processors at or near the operate as a common carrier, by motor sary, applicant requests it be held at named origins. N o t e : Applicant states vehicle, over irregular routes, transport­ Wichita, Kans. that the requested authority cannot be ing: Liquid sugar, liquid invert sugar tacked with its existing authority. Com­ NO; MC 116273 (Sub-No. 147), filed syrups and "blends thereof, in bulk, in mon control may be involved. If a hear­ July 16, 1971. Applicant: D & L TRANS­ tank vehicles, from Chicago, Hi., to ing is deemed necessary, applicant re­ PORT, INC., 3800 South Laramie Ave­ Points in the Lower Peninsula of Michi­ quests it be held at Washington, D.C. nue, Cicero, IL 60650. Applicant’s rep­ gan. Note: Applicant states that the re­ resentative: William R. Lavery (same quested authority cannot be tacked with No. MC 11591T (Sub-No. 24), filed Au­ address as applicant). Authority sought its existing authority. Common control gust 3, 1971. Applicant: UNDERWOOD to operate as a common carrier, by motor may be involved. If a hearing is deemed & WELD COMPANY, INC., Post Office vehicle, over irregular routes, transport­ necessary, applicant requests it be held Box 247, Crossnore, NC 28616. Appli­ ing: (I ) Petroleum and petroleum prod­ at Chicago, 111. cant’s representative: Wilmer B. Hill, ucts, in bulk, in tank vehicles, from De­ 705 McLachlen Bank Building, 666 11th No. MC 114091 (Sub-No. 85) (Amend­ troit, Mich., to points in Arizona; (2) Street NW.,;'Washington, DC 20001. Au­ Chemicals, in bulk in tank vehicles, from ment), filed May 17, 1971, published in thority sought to operate as a common Northbrook, 111., to points in Michigan,

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17602 NOTICES

Ohio, Maryland, Virginia, Kentucky, Ind. 46204. Authority sought to operate sary, applicant requests it be held at Minnesota, Wisconsin, Indiana, Mis­ as a common carrier, by motor vehicle, Chicago, HI. over irregular routes, transporting: (1) souri, Pennsylvania, and the District of No. MC 119619 (Sub-No. 61), filed Columbia. N o t e : Applicant states that Pig iron, and ferro alloys, in dump ve­ July 30, 1971. Applicant: DISTRIB­ hicles or other similar type self-unload­ the requested authority can be tacked UTORS SERVICE CO., 2000 West 43rd' with its existing authority, but indicates ing equipment; and (2) Dry bulk com­ Street, Chicago, IL 60609. Applicant’s that it has no present intention to tack, modities (not including cement), in bulk, representative: Arthur J. Piken, 1 Lefrak and therefore, does not identify the ter­ in dump trucks or other similar type self- City Plaza, Flushing, N.Y. 11368. Au­ ritories which can be served through unloading equipment, from the site of thority sought to operate as a common tacking. Persons interested in the tack­ the Aurora Terminal Co., Inc., at or near carrier, by motor vehicle, over irregular ing possibilities are cautioned that fail­ Aurora, Ind., to points in Alabama, Illi­ routes, transporting: (a) Desert toppings ure to oppose the application may result nois, Indiana, Kentucky, Michigan, Min­ and milk or cream substitutes, in vehicles in an unrestricted grant of authority. I f nesota, Mississippi, New Jersey, New equipped with mechanical refrigeration a hearing is deemed necessary, applicant York, Ohio, Pennsylvania, Tennessee, and (b) from the plantsites and facilities requests it be held at Chicago, 111. West Virginia, and Wisconsin. Restric­ utilized by Swift and Co., its divisions No. MC 117606 (Sub-No. 2) (Correc­ tion: Authority limited to commodities and subsidiaries, at Holland, Mich., and tion), filed June 21, 1971, published Fed­ having a prior movement by rail or water Chicago, HL, to points in Illinois, Iowa, eral Register issue of August 5, 1971, cor­ carrier. N o t e : Applicant states that the Wisconsin, Minnesota, Nebraska, Kansas, rected and republished in part as cor­ requested authority cannot be tacked Missouri, Indiana, Ohio, Pennsylvania! rected this issue. Applicant: WEBB with its existing authority. No duplicat­ New York, Maine, Massachusetts, New TRANSFER LINE, INC., Box 231, Shel- ing authority is being sought. If a hear­ Hampshire, Rhode Island, Vermont, New byville, K Y 40065. Applicant’s represent­ ing is deemed necessary, applicant re­ Jersey, Connecticut, Maryland, Dela­ ative: Robert H. Kinker, 711 McClure quests it be held at Indianapolis, Ind., ware, Virginia, West Virginia, North or Cincinnati, Ohio. Building, Frankfort, Ky. 40601. N o t e : Carolina, South Carolina, Georgia, Flor­ The purpose of this partial republica­ No. MC 119192 (Sub-No. 8), filed ida, Louisville, Ky., and the District of tion is to include Colorado and Iowa as July 26, 1971. Applicant: EASTERN Columbia. N o t e : Applicant states that origin points, to sought authority which DELIVERY SERVICE, INC., 80 Central the requested authority cannot be tacked were inadvertently omitted from previ­ Avenue, Bridgeport, CT. Applicant’s rep­ with its existing authority. If a hearing ous publication. resentative: Morton E. Kiel, 140 Cedar is deemed necessary, applicant requests it be held at Chicago, HI. No. MC 117765 (Sub-No. 131), filed Street, New York, NY 10006. Authority July 8, 1971. Applicant: HAHN TRUCK sought to operate as a contract carrier, No. MC 119619 (Sub-No. 62), filed LINE, INC., 5315 Northwest Fifth, Okla­ by motor vehicle, over irregular routes, July 22, 1971. Applicant: DISTRIB­ homa City, OK 73107. Applicant’s repre­ transporting: (1) Such commodities as UTORS SERVICE CO., a corporation, sentative: R. E. Hagan (same address as are dealt in by department stores, from 2000 West 43d Street. Chicago, IL 60609. applicant). Authority sought to operate the stores of Allied Stores of New York, Applicant’s representative: Arthur J. as a common carrier, by motor vehicle, Inc., doing business as Stem Brothers, Piken, 1 Lefrak City Plaza, Flushing, over irregular routes, transporting: located at Woodbridge, Paramus, and N.Y. 11368. Authority sought to operate Building materials, gypsum and gypsum Wayne, N.J., to New York, N.Y., and as a common carrier, by motor vehicle, products and materials and supplies (ex­ points in Rockland, Orange, Westchester, over irregular routes, transporting: cept liquid commodities, in bulk) used in Nassau, and Suffolk Counties, N.Y.; and Meat, meat products, meat by-products the manufacture, installation or distri­ (2) Returned shipments of the above- and articles distributed by meat pack­ bution thereof, between the plantsite and described commodities, from the destina­ inghouses, as described in sections A and facilities of U.S. Gypsum Co., at or near tion points specified above to the named C of the Appendix I to the report in De­ Southard, Okla., on the one hand, and, origin points. Restriction: restricted to scriptions in Motor Carrier Certificates, on the other, points in California, Con­ retail delivery service, under contract 61 M.C.C. 209 and 766 (except hides and necticut, Delaware, Idaho, Maine, Mas­ with Stern Brothers. N o t e : Dual opera­ commodities in bulk, in tank vehicles), sachusetts, Nevada, New Hampshire, New tions and common control may be in­ from the plantsites and facilities utilized Jersey, New York, Oregon, Rhode Island, volved. I f a hearing is deemed necessary, by Bird Provision Co., at Pekin and applicant requests it be held at New Vermont, and Washington. N o t e : Appli­ Peoria, HI., to points in Iowa, Kansas, York, N.Y. cant states that the requested authority and Nebraska. N o t e : Applicant states cannot be tacked with its existing au­ No. MC 119619 (Sub-No. 59) (Amend­ that the requested authority cannot be thority. I f a hearing is deemed necessary, ment), filed July 12, 1971, published in tacked with its existing authority. If a applicant requests it be held at Okla­ the F ederal R e g ister issue of August 5, hearing is deemed necessary, applicant homa City, Okla. 1971, and republished, as amended, requests it be held at Chicago, HI. No. MC 117940 (Sub-No. 54) (Correc­ this issue. Applicant: DISTRIBUTORS No. MC 119657 (Sub-No. 9), filed tion) , filed June 30,1971, published in the SERVICE CO., a corporation, 2000 West , 1971. Applicant: GEORGE 43rd Street, Chicago, IL 60609. Appli­ F ederal R e g ister issues of July 22, 1971 TRANSIT LINE, INC., 760-764 North­ and August 5, 1971 and republished in cant’s representative: Arthur J. Piken, east 47th Place, Des Moines, IA 50313. part as corrected this issue. Applicant: 1 Lebrak City Plaza, Suite 1515, Flush­ Applicant’s representative: Kenneth F. NATIONWIDE CARRIERS, INC., Post ing, N.Y. 11368. Authority sought to op­ Dudley, 611 Church Street, Post Office Office Box 104, Maple Plain, MN 55359. erate as a common carrier, by motor ve­ Box 279, Ottumwa, IA 52501. Authority Applicant’s representative: Marshall hicle, over irregular routes, transporting: sought to operate as a common carrier, Becker, 530 Univac Building, 7100 West Foodstuffs, in vehicles equipped with by motor vehicle, over irregular routes, mechanical refrigeration, from Goshen, Center Road, Omaha, NE 68106. N o t e : transporting: (1) Agricultural chem­ The purpose of this partial republication Indianapolis, and Noblesville, Ind., to icals (except in bulk in tank vehicles),- is to include Indiana as a destination points in Illinois, Nebraska, Minnesota, between Des Moines, Denison, Pocahon­ state which was inadvertently omitted Iowa, Kansas, Missouri, Wisconsin, Ohio, tas, Sheffield, Shenandoah, Sheldon, Pennsylvania, West Virginia, Virginia, in the F ederal R eg ister issue of August Van Horne, and Washington, Iowa, on 8, 1971. The rest of the application re­ Maryland, Delaware, New York, Con­ the one hand, and, on the other, points mains as previously published. necticut, Rhode Island, Massachusetts, in Arkansas, Hlinois, Kansas, Minnesota, Vermont, New Hampshire, Maine, and Mississippi, Missouri, Nebraska, North No. MC 119012 (Sub-No. 12), filed Au­ the District of Columbia. N o te : The pur­ Dakota, and South Dakota; (2) paper gust 2, 1971. Applicant: RIVER TER­ pose of this republication is to redescribe and polyethylene bags, films, sheeting, MINALS TRANSPORT, INC., 208 Broad­ the territorial scope of the application. and corrugated cartons, from points in way, Aurora, IN 47001. Applicant’s repre­ Applicant states that the requested au­ Polk County, Iowa to points in Kansas, sentative: Robert W. Loser, 1001 Cham­ thority cannot be tacked with its existing Minnesota, Missouri, Nebraska, and ber of Commerce Building, Indianapolis, authority. I f a hearing is deemed neces­ South Dakota; and (3) feed, feed con-

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17603 centrated, feed supplements, premixes, Francisco, Calif., Dallas, Tex., or Wash­ it be held at Springfield, 111., Dallas, Tex., and ingredients (except in bulk in tank ington, D.C. or Washington, D.C. vehicles), from points in Polk County, No. MC 119789 (Sub-No. 89), filed No. MC 119789 (Sub-No. 93), filed Au­ Iowa, to points in Iowa, Kentucky, July 29, 1971. Applicant: CARAVAN gust 6, 1971. Applicant: CARAVAN RE­ Michigan, North Dakota, Ohio, Okla­ REFRIGERATED CARGO, INC., Post FRIGERATED CARGO, INC., Post Office homa, and Tennessee. N o t e : Applicant Office Box 6188, Dallas, T X 75222. Appli­ Box 6188, Dallas, T X 75222. Applicant’s states that the requested authority can­ cant’s representative: James T. Moore representative: James T. Moore (same not be tacked with its existing authority. (same address as applicant). Authority address as applicant). Authority sought If a hearing is deemed necessary, appli­ sought to operate as a common carrier, to operate as a common carrier, by motor cant requests it be held at Chicago, HI., by motor vehicle, over irregular routes, vehicle, over irregular routes, transport­ or Kansas City, Mo. transporting: Juvenile furniture and ing: Wheels, suitable for use with or No. MC 119700 (Sub-No. 17), filed toys, from Elverson, Pa., to points in without tires; wheels, with wire or sheet July 28, 1971. Applicant: STEEL HAUL­ Arkansas, Louisiana, Texas, Oklahoma, metal spokes, with or without tires and ERS, INC., 306 Ewing Avenue, Kansas New Mexico, Arizona, California, and wheel attachments, from Seabrook, N.H., City, MO 64125. Applicant’s representa­ Nevada. N o t e : Applicant.states that the to North Hollywood, Calif. N o t e : Appli­ tive: Frank W. Taylor, Jr., 1221 Balti­ requested authority cannot be tacked cant states that the requested authority more Avenue, Kansas City, MO 64105. with its existing authority. If a hearing cannot be tacked with its wasting Authority sought to operate as a com­ is deemed necessary, applicant requests authority. If a hearing is deemed neces­ mon carrier, by motor vehicle, over ir­ it be held at Washington, D.C.; Dallas, sary, applicant requests it be held at regular routes, transporting: Iron and Tex.; or Phoenix, Ariz. Washington, D.C., Dallas, Tex., or San steel articles, (1) from Newport, Ark., Francisco, Calif. to points in Arkansas, those in Colorado No. MC 119789 (Sub-No. 90), filed on and east of U.S. Highway 87, Kansas, July 30, 1971. Applicant: CARAVAN RE­ No. MC 119789 (Sub-No. 94), filed July Illinois, Indiana, Iowa, Kentucky, FRIGERATED CARGO, INC., Post Of­ 23, 1971. Applicant: CARAVAN RE­ Louisiana, Minnesota, Missouri, Ne­ fice Box 6188, Dallas, T X 75222. Appli­ FRIGERATED CARGO, INC., Post Office braska, Oklahoma, South Dakota, Tex­ cant’s representative: James T. Moore Box 6188, Dallas, T X 75222. Applicant’s as, Tennessee, and Wisconsin; and (2) (same address as applicant). Authority representative: James T. Moore (same from Little Rock, Ark., to points in Ar­ sought to operate as a common carrier, address as applicant). Authority sought kansas, those in Colorado on and east by motor vehicle, oVer irregular routes, as a common carrier, by motor vehicle of U.S. Highway 87, Kansas, Illinois, transporting: Canned, bottled and over irregular routes, transporting: Pre­ Indiana, Iowa, Kentucky, Louisiana, packaged foodstuffs (except frozen pared food products, and incidental ad­ Minnesota, Missouri, Nebraska, Okla­ foods, meat, meat products meat by­ vertising matter., materials, equipment, homa, South Dakota, Texas, Tennessee, products, dairy products, salad dressings, and supplies used in the production, sale, and distribution of prepared food prod­ and Wisconsin. N o t e : Applicant states yeast and uncooked bakery goods), from that the requested authority cannot be Plymouth, Ind., and Hamilton, Mich., ucts, from Tracy and Stockton, Calif., to tacked with its existing authority. I f a to points in Alabama, Georgia, Missouri Arlington, Tex. N o t e : Applicant states that the requested authority cannot be hearing is deemed necessary, applicant and. Kansas. N o t e : Applicant states requests it be held at Little Rock, Ark. that the requested authority cannot be tacked with its existing authority. I f a tacked with its existing authority. I f a hearing is deemed necessary, applicant No. MC 119789 (Sub-No. 87), filed hearing is deemed necessary, applicant requests it be held at San Francisco, July 21,1971. Applicant: CARAVAN RE­ requests it be held at Indianapolis, Ind., Calif., Dallas, Tex., or Washington, D.C. FRIGERATED CARGO, INC., Post O f­ Dallas, Tex., or Washington, D.C. fice Box 6188, Dallas, T X 75222. Appli­ No. MC 119863 (Sub-No. 10), filed cant’s representative: James T. Moore July 16, 1971. Applicant: LAMONI RE­ No. MC 119789 (Sub-No. 91), filed FRIGERATED EXPRESS, INC., Post (same address as applicant). Authority July 30, 1971. Applicant: CARAVAN Office Box 24, Davis City, IA 50065. Ap­ sought to operate as a common carrier, REFRIGERATED CARGO, INC., Post plicant’s representative: Kenneth F. by motor vehicle, over irregular routes, Office Box 6188, Dallas, TX. Applicant’s Dudley, 611 Church Street, Post Office transporting: Cleaning compounds and representative: James T. Moore (same Box 279, Ottumwa, IA 52501. Authority detergents (except commodities in bulk, address as applicant). Authority sought moving in tank vehicles), from Chicago, to operate as a common carrier, by motor sought to operate as a contract carrier, by motor vehicle, over irregular routes, HI., to points in Texas. N o t e : Applicant vehicle, over irregular routes, transport­ transporting: Meats, meat products, states that the requested authority can­ ing: Prepared and preserved foodstuffs not be tacked with its existing authority. (other than frozen), from Lafayette and meat byproducts and articles distributed If a hearing is deemed necessary appli­ New Iberia, La., to points in Colorado, by meat packinghouses, as described in cant requests it be held at Chicago, 111., Kansas, Oklahoma, Texas, Arkansas, sections A arid C of appendix I to the Dallas, Tex., or Kansas City, Mo. New Mexico, Arizona, and California. report in Descriptions in Motor Carriers Certificates, 61 M.C.C. 209 and 766 (ex­ N o t e : Applicant states that the re­ No. MC 119789 (Sub-No. 88), filed cept hides and commodities in bulk), (1) July 29, 1971. Applicant: CARAVAN RE­ quested authority cannot be tacked with its existing authority. I f a hearing is from Omaha, Nebr., to Aurora and Chi­ FRIGERATED CARGO, INC., Post O f­ cago, HI.; and Cedar Rapids, Ottumwa deemed necessary, applicant requests it fice Box 6188, Dallas, T X 75222. Appli­ and Waterloo, Iowa, and (2) from cant’s representative: James T. Moore be held at New Orleans, La., Dallas, Tex., or Washington, D.C. Wahoo, Nebr., to Waterloo, Iowa, under (same address as applicant). Authority contract with E. W. Kneip, Inc. N o t e : I f sought to operate as a common carrier, No. MC 119789 (Sub-No. 92), filed a hearing is deemed necessary, applicant by motor vehicle, over irregular routes, August 2, 1971. Applicant: CARAVAN requests it be held at Des Moines, Iowa transporting: Such merchandise as dealt REFRIGERATED CARGO, INC., Post or Omaha, Nebr. in and used by Chain Hardware and De­ Office Box 6188, Dallas, T X 75222. Appli­ partment Stores, from Winsted, Thomas - No. MC 119944 (Sub-No. 13), filed Au­ cant’s representative: James T. Moore gust 2, 1971. Applicant: BROCKWAY ton, Manchester, Middletown, North (same address as applicant). Authority Haven, Bridgeport, Waterbury, New FAST MOTOR FREIGHT, INC., 568 sought to operate as a common carrier, by Central Avenue, Somerville, NJ 08876. Haven South Port, and Terrington, motor vehicle, over irregular routes, Olney, 111.; Ossining, Fairport, Applicant’s representative: Morton E. transporting: Canned foodstuffs (except Kiel, 140 Cedar Street, New York, N Y and Oneida, N.Y.; Springfield, Mass.; meats, meat products, meat byproducts, and Parkersburg, and Moundsville, W. 10006. Authority sought to operate as a and dairy products), from Streator, common carrier, by motor vehicle, over Va., to San Francisco, Calif. N o t e : Ap­ Hoopeston and Princeville, HI., to points plicant states that the requested author­ irregular routes, transporting: Adipic in California. N o te : Applicant states that acid, dry, in bulk, in tank vehicles, from ity cannot be tacked with its existing the requested authority cannot be tacked Somerville, N.J., to Chestertown, Md. and authority. If a hearing is deemed neces­ with its existing authority. I f a hearing points in New Jersey, restricted to traffic sary, applicant requests it be held at San is deemed necessary, applicant requests having a prior movement by rail. N o t e :

FEDERAL REGISTER, VO L 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17604 NOTICES

Applicant states that the requested au­ to operate as a common carrier, by motor to operate as a common carrier, by mo­ thority cannot be tacked with its existing vehicle, over irregular routes, transport­ tor vehicle, over irregular routes, trans­ authority. I f a hearing is deemed neces­ ing: Compressed gases, in bulk in tube porting: ( 1 ) Meats, meat products, meat sary, applicant requests it be held at New trailers and cryogenically liquefied gases, byproducts, and articles distributed by York, N.Y. in bulk, in cryogenic trailers, from points meat packinghouses, as described in sec­ in Alabama, Arizona, Arkansas, Colorado, tions A, B, C, and D of appendix 1 to the No. MC 121060 (Sub-No. 10), filed Au­ Florida, Georgia, Illinois, Kansas, Ken­ report in Descriptions in Motor Carrier gust 2,1971. Applicant: ARROW TRUCK tucky, Louisiana, Mississippi, Missouri, Certificates, 61 M.C.C. 209 and 766 (ex­ LINES, INC., Post Office Box 5568, Bir­ New Mexico, North Carolina, Oklahoma, cept commodities in bulk), and ((2) mingham, AL 35207. Applicant’s repre­ South Carolina, Tennessee, Texas, Indi­ frozen foods, between points in Illinois, sentative: William P. Jackson, Jr., 919 ana, Ohio, West Virginia, Virginia, Penn­ Indiana, Ohio, Michigan, Wisconsin, 18th Street NW., Washington, DC 20006. sylvania, New York, New Jersey, Mary­ Iowa, Nebraska, Colorado, Kansas, and Authority sought to operate as a common land, and Delaware. N o t e : Applicant Missouri, on the one hand, and, on the carrier, by motor vehicle, over irregular states that the requested authority can other, Norfolk, Hampton Roads and routes, transporting: Building materials, be tacked with its existing authority but Newport News, Va., Baltimore, Md., and composition board, urethane and ure­ indicates that it has no present intention New York, N.Y., restricted to import and thane insulation products, between to tack and therefore does not identify export traffic having a prior or subse­ Charleston, HI., on the one hand, and, the points or territories which can be quent movement by water. N o t e : Ap­ on the other, points in Alabama, Georgia, served through tacking. Persons inter­ plicant states that the requested au­ Florida, North Carolina, South Carolina, ested in the tacking possibilities are cau­ thority can be tacked with its existing Kentucky, Tennessee, Mississippi, Louisi­ tioned that f ailure to oppose the applica­ authority under MC 123639 (Sub-No. ana, and Arkansas. N o t e : Applicant tion may result in an unrestricted grant 28) at Lexington or Minden, Nebr., or states that although it holds no authority of authority. I f a hearing is deemed nec­ with its authority finder (Sub-No. 107) at the present time which would permit essary, applicant requests it be held at at Denver, Colo., to provide through tacking, and has no applications pend­ Amarillo, Tex., or Oklahoma City, Okla. service between the seaports named in ing which would permit tacking, appli­ this application and points in Arizona, cant will tack in the future if possible No. MC 123407 (Sub-No. 87), filed July 28, 1971. Applicant: SAWYER TRANS­ Idaho, Nevada, Oregon, Utah, and with new authority which may be ap­ Washington. I f a hearing is deemed plied for. Applicant further states no PORT, INC., 2424 Minnehaha Avenue South, Minneapolis, MN 55404. Appli­ necessary, applicant requests it be held duplicating authority sought. I f a hear­ at Washington, D.C. ing is deemed necessary, applicant re­ cant’s representative: Robert W. Sawyer quests it be held at Birmingham, Ala. (same address as applicant). Authority No. MC 123685 (Sub-No. 10), filed sought to operate as a common carrier, July 30, 1971. Applicant: PEOPLES No. MC 121470 (Sub-No. 6), filed by motor vehicle, over irregular routes, CARTAGE INC., 8045 Navarre Road July 9, 1971. Applicant: TANKSLEY transporting: Urethane, urethane prod­ S.W., Massillon, OH 44646. Applicant’s TRANSFER COMPANY, a corporation, ucts, roofing and building materials, in­ representative: James Muldoon, 50 West 901 Harrison Street, Nashville, TN 37203. sulating materials, composition board, Broad Street, Columbus, OH 43215. Au­ Applicant’s representative: Walter Har­ and gypsum products and materials used thority sought to operate as a common wood, 1822 Parkway Towers, Nashville, in the installation thereof (except com­ carrier, by motor vehicle, over irregular Term. 37219. Authority sought "to op­ modities in bulk), from Charleston, 111., routes, transporting: Plastic pipe, tub­ erate as a common carrier, by motor to points in the United States in and east ing, and coils, and fittings and acces­ vehicle, over irregular routes, trans­ of Montana, Wyoming, Colorado, and sories used in connection therewith, porting: Corn syrup, in bulk, in tank New Mexico. N o te : Applicant states that from Carrollton and Canton, Ohio to vehicles, from the warehouse and stor­ the requested authority cannot be tacked points in Michigan, Ohio, Pennsylvania age facilities of Marshall Division, Miles with its existing authority. Common con­ and West Virginia. No te: Applicant in­ Laboratories, Inc. (formerly known as trol may be involved. If a hearing is dicates tacking possibilities. exist, al­ Union Sales Corp.), at Nashville, Tenn., deemed necessary, applicant requests it though it has no present intention to to Mayfield, Paducah, and Richmond, be held at Jacksonville, Fla., or Birming­ tack. Persons interested in the tacking Ky., Bristol and Abingdon, Va„ Cullman ham, Ala. possibilities are cautioned that failure and Opelika, Ala., and Rome, Ga. N o t e : No. MC 123407 (Sub-No. 88), filed to oppose the application may result in Applicant states that the requested au­ August 3, 1971. Applicant: SAWYER an unrestricted grant of authority. If thority cannot be tacked with its existing TRANSPORT, INC., 2424 Minnehaha a hearing is deemed necessary, appli­ authority. I f a hearing is deemed neces­ Avenue South, Minneapolis, MN 55404. cant requests it be held at Columbus, sary, applicant requests it be held at Applicant’s representative: Robert W. Ohio. Nashville, Tenn. Sawyer (same address as applicant). Au­ No. MC 124211 (Sub-No. 193), filed No. MC 123067 (Sub-No. 113), filed thority sought to operate as a common August 3, 1971. Applicant: HILT July 16, 1971. Applicant: M & M TANK carrier, by motor vehicle, over irregular TRUCK LINE, INC., Post Office Drawer LINES, INC., Post Office Box 612, Win­ routes, transporting: Building materials, 988 DTS, Omaha, NE 68101. Applicant’s ston Salem, NC 27102. Applicant’s repre­ (except commodities in bulk) and mate­ representative: Thomas L. Hilt (same sentative: L. J. Steele, Post Office Box rial and supplies used in the manufac­ address as applicant). Authority sought 11361, Greensboro, NC 27409. Authority ture of building materials, between to operate as a common carrier, by mo­ sought to operate as a common carrier, Charleston, 111., Dubuque, Iowa, points tor vehicle, over irregular routes, trans­ by motor vehicle, over irregular routes, in Alabama, Florida, Georgia, Mississippi, porting: Dairy products, from Sabetha, transporting: Liquid and dry fertilizer, Louisiana, Arkansas, Kentucky, Tennes­ Kans., and Norfolk, Nebr., to points in in bulk and in bags, from Hamilton see, Virginia, North Carolina and South Connecticut, Maryland, Massachusetts, County, Tenn., to points in Virginia. Carolina. N o t e : Common control may New Jersey, New York, Pennsylvania, and N ote : Applicant states that the requested be involved. Applicant states that the re­ the District of Columbia. N o t e : Appli­ authority cannot be tacked with its exist­ quested authority cannot be tacked with cant states that the requested authority ing authority. Common control may be its existing authority. I f a hearing is cannot be tacked with its existing au­ involved. I f a hearing is deemed neces­ deemed necessary, applicant requests it thority. If a hearing is deemed neces­ sary, applicant requests it be held at At­ be held at Tampa, Fla., or Washington, sary, applicant requests it be held at lanta, Ga. D.C. Chicago, 111., or Washington, D.C. No. MC 123392 (Sub-No. 31), filed No. MC 123639 (Sub-No. 139), filed No. MC 124251 (Sub-No. 28), filed August 3, 1971. Applicant: JACK B. July 26, 1971. Applicant: J. B. M ONT­ August 3, 1971. Applicant: JACK KELLEY, INC., 3801 Virginia, Amarillo, GOMERY, INC., 5150 Brighton Boule­ T X 79109. Applicant’s representative: vard, Denver, CO 80216. Applicant’s JORDAN, INC., Post Office Box 688, Grady L. Fox, 222 Amarillo Building, representative: John F. DeCock (same Dalton, GA. Applicant’s representative: Amarillo, Tex. 79101. Authority sought address as applicant). Authority sought Ariel V. Conlin, 53 Sixth S tre e t NE.,

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17605

Atlanta, GA 30308. Authority sought to Equipment Manufacturers, Crystal Muncie, IN 47302. Applicant’s representa­ operate as a common carrier, by motor Springs, Miss., and (2) shirts, raw mate­ tive: Donald W. Smith, 900 Circle Tower, vehicle, over irregular routes, transport­ rials used in the manufacture of shirts Indianapolis, Ind. 46204. Authority ing: Dry chemicals, in bulk, from points and cardboard materials used in packing sought to operate as a common carrier, in Whitfield County, Ga., to points in and shipping shirts, between the plant- by motor vehicle, over irregular routes, Florida, Alabama, Tennessee, North sites and/or warehouse facilities of transporting: Sugar (except in bulk), Carolina, South Carolina, and Georgia. Crystal Springs Shirt Corp. located at from Gramercy, La., to points in Illinois, Note : Applicant states that the requested Crystal Springs, Miss., Bernice, La., and Indiana, Ohio, Missouri, Kentucky, West authority cannot be tacked with its , Ark., under a continuing con­ Virginia, Oklahoma, Arkansas, Tennes­ existing authority. I f a hearing is tract with Crystal jSprings Shirt Corp., see, Mississippi, Alabama, Georgia, North deemed necessary, applicant requests it ■ Crystal Springs, Miss. N ote : I f a hearing Carolina, South Carolina, and Florida. be held at Atlanta, Ga., or Chattanooga, is deemed necessary, applicant requests N o te : Applicant states that the requested Tenn. it be held at Jackson, Miss. authority cannot be tacked with its exist­ ing authority. I f a hearing is deemed nec­ No. MC 125996 (Sub-No. 20), filed No. MC 126063 (Sub-No. 8), filed July essary, applicant requests it be held at July 26, 1971. Applicant: ROAD RUN­ 19, 1971. Applicant: BIRD TRUCKING, Indianapolis, Ind., or New Orleans, La. NER TRUCKING, INC., Post Office Box INC., 1370 Swanner Road, Salt Lake City, 37491, Omaha, NE 68137. Applicant’s UT 84104. Applicant’s representative: No. MC 127816 (Sub-No. 3), filed Au­ representative: Arnold Burke, 69 West Lon Rodney Kump, 720 Newhouse Build­ gust 2, 1971. Applicant: RAYMOND Washington, Chicago, IL 60602. Author­ ing, Salt Lake City, Utah 84111. Author­ FOWLER, doing business as BLUE STEM ity sought to operate as a common car­ ity sought to operate as a contract car­ TRUCK LINE, 509 Elm Street, Emporia, rier, by motor vehicle, over irregular rier, by motor vehicle, over irregular KS 66801. Applicant’s representative: routes, transporting: Meat, meat prod­ routes, transporting: Hides, skins, poul­ Clyde N. Christey, 641 Harrison Street, ucts, meat byproducts, and articles dis­ try feed, and animal feed (1) from points Topeka, KS 66603. Authority sought to tributed by meat packinghouses, moving in Utah, to points in California, Oregon, operate as a common carrier, by motor in vehicles equipped with refrigeration and Idaho, and (2) from points in Idaho, vehicle, over irregular routes, transport­ devices, from points in Kansas, Okla­ to points in California, Oregon, and Utah, ing: (A ) Hominy feed, from Atchison, homa, South Dakota, and those in under a continuing contract with Utah Kans., to points in Texas west and north Nebraska on and west of U.S. Highway By-Products Co. N o t e : If a hearing is of a line beginning at a point where U.S. 81, to points in California, Oregon, and deemed necessary, applicant requests it Highway 283 intersects the Oklahoma- Washington. N ote : Applicant states that be held at Salt Lake City, Utah. Texas State Line (approximately 25 miles the requested authority cannot be tacked No. MC 126272 (Sub-No. 54), filed July north of Vernon, Tex.), thence south via with its existing authority. I f a hearing 30, 1971. Applicant: FAST MOTOR U.S. Highway 283 to its intersection with is deemed necessary, applicant requests SERVICE, INC., 12855 Ponderosa Drive, U.S. Highway 80 (near Clyde, Tex.), it be held at Omaha, Nebr., or Dallas, Palos Heights, IL 60463. Applicant’s rep­ thence west via U.S. Highway 80 to its Tex. , resentative: Albert A. Andrin, 29 South intersection with Texas State Highway 176 (at Big Springs, Tex.), thence over No. MC 125996 (Sub-No. 21), filed La Salle Street, Chicago, IL 60603. Au­ thority sought to operate as a contract Texas State Highway 176 to the Texas- July 27, 1971. Applicant: ROAD RUN­ New Mexico State Line to points in Cim­ NER TRUCKING, INC., Post Office Box carrier, by motor vehicle, over irregular routes, transporting: Metal containers arron, Tex., Beaver, Harper, Woods, 37491, Omaha, NE 08137. Applicant’s rep­ Alfalfa, Grant, Kay, Osage, and Wood­ resentative: George Bacon (same address and metal container ends and accessories, and equipment used in connection with ward Counties, Okla.; and (B) dry feed, as applicant). Authority sought to oper­ from Emporia, Kans.; to Osage, Beaver, ate as a common carrier, by motor ve­ the distribution of metal containers and metal ends when moving with metal con­ Washington, Harper, Woods, Alfalfa, hicle, over irregular routes, transporting: Major, Woodward, Dewey, Blaine, and Meat,, meat products, meat byproducts, tainers, between Cincinnati, Ohio, and Anderson Township, Hamilton County, Kingfisher Counties, Okla. N o t e : Ap­ and articles distributed by meat packing­ plicant states that the requested author­ houses, from plantsite and storage facili­ Ohio, on the one hand, and points in Il­ linois, Indiana, the Lower Peninsula of ity cannot be tacked with its existing ties of Beefland International, Inc., authority. I f a hearing is deemed neces­ located at Council Bluffs, Iowa, and Michigan and Wisconsin, on the other, under contract with The Heekin Can sary, applicant requests it be held at Omaha, Nebr., to St. Louis, Mo. and its Kansas City, Mo. commercial zone. N ote : Applicant states Co. N o t e : I f a hearing is deemed neces­ that the requested authority cannot be sary, applicant requests it be held at Chi­ No. MC 127867 (Sub-No. 7), filed tacked with its existing authority. I f a cago, HI. July 30, 1971. Applicant: TRANSOL hearing is deemed necessary, applicant No. MC 127099 (Sub-No. 16), filed July COMPANY, a corporation, 116 Forest requests it be held at Omaha, Nebr., or 30, 1971. Applicant: ROBERT NEFF & Avenue, Des Moines, IA 50314. Appli­ St. Louis, Mo. SONS, INC., 132 Shawnee Avenue, Post cant’s representative: Larry D. Knox, 900 Hubbell Building, Des Moines, Iowa No. MC 126000 (Sub-No. 3), filed Au­ Office Box 2015, Zanesville, OH 43701. Ap­ plicant’s representatives: James R. Sti- 50309. Authority sought to operate as a gust 2, 1971. Applicant: CHARLES contract carrier, by motor vehicle, over SOJOURNER, doing business as verson and Edwin H. van Deusen, 50 West Broad Street, Columbus, OH 43215. Au­ irregular routes, transporting: Solvents, SOJOURNER TRUCKING COMPANY, from Freeport, Longview, Texas City, and 400 Newton Street, Crystal Springs, thority sought to operate as a contract carrier, by motor vehicle, over irregular Houston, Tex., and points in their com­ MS 39059. Applicant’s representatives: mercial zones, to points in Iowa, Illinois, Donald B. Morrison and Fred W. John­ routes, transporting: (1) Office, school, Nebraska, South Dakota, and 'Wiscon­ son, Jr., 717 Deposit Guaranty Bank library, or industrial furniture, from sin, under contract with Barton Naphta Building (P.o. Box 22628), Jackson, Garrett, Ind., to points in the United Corp.; Barton Solvents, Inc.; and Barton MS 39205. Authority sought to oper­ States on and east of U.S. Highway 85; ate as a contract carrier, by motor and (2) materials and supplies, used in Solvents Co. N ote : I f a hearing is deemed vehicle, over irregular routes, transport­ the manufacture of office, school, library, necessary, applicant requests it be held at Des Moines, Iowa, and Omaha, Nebr. ing: (1) Furnishings, fixtures, and equip­ or industrial furniture (except commodi­ ment used in school and institutional ties in bulk), from points in above-named No. MC 128085 (Sub-No. 2), filed laboratories, from Crystal Springs, Miss., destination States to Garrett, Ind., under July 26, 1971. Applicant: JOHN NOVAK, to points in North Dakota, South Dakota, contract with Garrett Tubular Products, Route 1, Box 11, Laona, W I 54541. Appli­ Nebraska, Kansas, Minnesota, Iowa, Wis­ Inc. N ote : I f a hearing is deemed neces­ cant’s representative: Robert M. Kaske, consin, New York, West Virginia, New sary, applicant requests it be held at 2017 Wisteria Road, Rockford, IL 61107. Jersey, Connecticut, Rhode Island, Columbus, Ohio. Authority sought to operate as a contract Massachusetts, Vermont, New Hamp­ No. MC 127274 (Sub-No. 27), filed Au­ carrier, by motor vehicle, over irregular shire, and Maine, under a continuing gust 2, 1971. Applicant: SHERWOOD routes, transporting: (1) Forest products contract or contracts with General TRUCKING, INC., 1517 Hoyt Avenue, (except commodities in bulk, and those

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17606 NOTICES commodities which, because of size or Armour-Dial, Inc., at Fort Madison, scribed in sections A and C of appendix weight, require the use of special equip­ Iowa. N ote : Applicant states that the re­ I to the report in Descriptions in Motor ment), from the plantsites of Connor quested authority cannot be tacked with Carrier Certificates, 61 .M.C.C. 209 and Forest Industries located in Michigan its existing authority. Applicant holds 766 (except hides and commodities in and Wisconsin to points located on and contract carrier authority under MC bulk), from the plantsite and storage fa­ east of the western boundaries of North 124807, therefore, dual operations may cility of Swift Fresh Meats Co. at Tol- Dakota, South Dakota, Nebraska, Kan­ be involved. I f a hearing is deemed nec­ leson, Ariz., to points in Arkansas, sas, Oklahoma, and Texas, and (2) ma­ essary, applicant requests it be held at Louisiana, Mississippi, and Texas, under terials and supplies used in the manu­ Chicago, 111. contract with Swift & Co., and (b) print­ facturing and distribution of (1) on re­ No. MC 128639 (Bub-No. 4), filed Au­ ing paper, other than newsprint, from turn. Operations herein are limited to gust 2, 1971. Applicant: REGINALD H. Zee, La., and Pasadena, Tex., to Phoenix, a transportation service to be performed CURRIER, 103 Lancaster Road, Gorham, Ariz., under contract with W. A. Krueger under a continuing contract or contracts NH 03581. Applicant’s representative: Co. N o t e : I f a hearing is deemed neces­ with Connors Forest Industries. N ote : If Frank J. Weiner, 6 Beacon Street, Bos­ sary, applicant requests it be held at a hearing is deemed necessary, applicant ton, MA 02108. Authority sought to op­ Phoenix, Ariz. does not specify location. erate as a common carrier, by motor ve­ No. MC 129660 (Sub-No. 2), filed Au­ N o .- MC 128355 (Sub-No. 7), filed hicle, over irregular routes, transporting: gust 3, 1971. Applicant: MALLETTE July 29, 1971. Applicant: HURLIMAN Wood chips, in bulk, from Ashland, N.H., BROTHERS TRUCK LINE, INC., Route TRUCKING COMPANY, a corporation, to Glens Falls, N.Y. N o t e : Applicant 2, Box 243, Gautier, MS 39553. Appli­ Post Office Box 17204, Portland, OR states that the requested authority can­ cant’s representatives: Donald B. Mor­ 97217. Applicant’s representative: David not be tacked with its existing authority. rison and Fred W. Johnson, Jr., 717 De­ C. White, 2400 Southwest Fourth Avenue, I f a hearing is deemed necessary, appli­ posit Guaranty Hank Building, Post Office Portland, OR 97201. Authority sought to cant requests it be held at Concord, N.H., Box 22628, Jackson, MS 39205. Au­ operate as a contract carrier, by motor or Boston, Mass. thority sought to operate as a common vehicle, over irregular routes, transport­ No. jVIC 129222 (Sub-No. 1) filed Au­ carrier, by motor vehicle, over irregular ing: (1) Shot, iron or steel, not ammuni­ gust 2, 1971. Applicant: M ARVIN FORD, routes, transporting: Plywood, molding tion, from Mishawaka and Elkhart, Ind., doing business as FORD TRUCK LINE, and trim, and advertising and display and Cleveland, Ohio, to points in Cali­ Tipton, Iowa 52772. Applicant’s repre­ materials, paint stains and nails, when fornia; and (2) shat blast machine re­ sentative: William L. Fairbank, 900 Hub- moving in the same shipment with ply­ pair parts, from Mishawaka, Ind., to Gar­ bell Building, Des Moines, Iowa, 50309. wood, molding and trim, from the plant- dena, Calif., under a continuing contract Authority sought to operate as a common site of Pavco Industries, Inc., at Pasca­ with The Wheelabrator Corp. N o te : Ap­ carrier, by motor vehicle, over irregular goula, Miss., to points in Florida, plicant states that no duplicating author­ routes, transporting: (1) Liquid fertilizer Georgia, Alabama, Mississippi, Louisi­ ity is sought. >If a hearing is deemed and liquid fertilizer ingredients, in bulk, ana, Arkansas, Texas, Tennessee, Ken­ necessary, applicant requests it be held from Walcott, Iowa to points in Minne­ tucky, Kansas, North Carolina, South at Portland, Oreg. sota, Missouri and Wisconsin; (2) liquid Carolina, Illinois, Missouri, Michigan, fertilizer ingredients, in bulk, from W al­ Ohio, Virginia, New York, New Jersey, No. MC 128375 (Sub-No. 68), filed cott, Iowa, to points in Illinois, and (3) Oklahoma, Maryland, District of Colum­ August 2, 1971. Applicant: CRETE CAR­ nitrogen solution from the plantsite and bia, West Virginia, Pennsylvania, and RIER CORPORATION, Box 249, Crete, storage facilities of Hawkeye Chemical Indiana. N o te : Applicant states that the NE . 68333. Applicant’s representatives: Co., at or near Clinton, Iowa, to points in requested authority cannot be tacked Duane W. Acklie, Post Office Box 80806, Illinois. N o t e : Applicant states that the with its existing authority. If a hearing Lincoln, NE 68501 and Kenneth Adams requested authority cannot be tacked is deemed necessary, applicant requests (same address as applicant). Authority with its existing authority. I f a hearing it be held at Jackson, Miss. sought to operate as a contract carrier, is deemed necessary, applicant requests by motor vehicle, over irregular routes, No. MC 133119 (Sub-No. 8 ), filed it be held at Des Moines, Iowa, or Chi­ July Applicant: HEYL transporting: Popcorn and jgrain prod­ 16, 1971. TRUCK cago, HI. LINES, INC., Post Box between Cedar Rapids, Iowa, on the Office 206, Akron, ucts, IA Applicant’s one hand, and, on the other, points in the No. MC 129282 (Sub-No. 11), filed Au­ 51001. representative: United States, under continuing contract gust 2, 1971. Applicant: BERRY TRANS­ Michael J. Myers, Post Office Box 1025, Sioux City, IA Authority with Liggett & Meyers, Inc. and its sub­ PORTATION, INC., Post Office Box 51101. sought to operate as a common carrier, by motor sidiaries and divisions. N ote : If a hear­ 1824, Longview, TX 75601. Authority vehicle, over irregular routes, ing is deemed necessary, applicant re­ sought to operate as a common carrier, transport­ in g: Meats, meat products, and meat by­ quests it be held at Lincoln, Nebr. by motor vehicle,, over irregular routes, transporting: Salt and salt products, products and articles distributed by meat No. MC 128497 (Sub-No. 10), filed with or without chemicals added, in packinghouses, as described in sections A July 30, 1971. Applicant: JACK LINK packages or machine pressed blocks, and C of appendix I to the report in TRUCK LINE, INC., Post Office Box 127, from Iberia Parish, La., to points in Description in Motor Carrier Certificates, Dyersville, IA 52040. Applicant’s repre­ Arkansas, Texas, and Memphis, Term. 61 M.C.C. 209 and 766 (except hides and sentative: Jack H. Blanshan, 29 South N o t e : Applicant states that the. re­ commodities in bulk), from Dakota City La Salle Street, Chicago, IL 60603. Au­ quested authority cannot be tacked with and West Point, Nebr.; Denison, Fort thority sought to operate as a common its existing authority. No duplicating Dodge, Le Mars, and Mason City, Iowa; carrier, by motor vehicle, over irregular authority is sought. I f a hearing is Luverne, Minn.; and Emporia, Kans., to routes, transporting: (1) Meats, cooked, deemed necessary, applicant requests it ports of entry on the international cured, or preserved, with or without veg­ be held at New Orleans, La., or Dallas, boundary line between the United States etable, milk, egg, or fruit ingredients, Tex. and Canada, located in the States of other than frozen, from the plantsite and Michigan and New York, restricted to storage facilities of Armour-Dial, Inc., at No. MC 129397 (Sub-No. 3), filed traffic originating at the plantsites of Fort Madison, Iowa, to points in Illinois, July 26, 1971. Applicant: WILLIAM E. and storage facilities utilized by Iowa Minnesota and Ohio, and (2) meats, SWIFT, doing business as SWIFT Beef Processors, Inc., at or near the meat products, meat byproducts and ar­ TRANSPORTATION CO., Post Office named origins and restricted to ship­ ticles distributed by meat packinghouses, Box 6173, Phoenix, AZ 85005. Applicant’s ments moving in foreign commerce. as described in sections A and C of ap­ representative: Ernest D. Salm, 3846 N ote : Applicant states that the requested pendix I to the report in Descriptions in Evans Street, Los Angeles, CA 90027. Au­ authority cannot be tacked with its exist­ thority sought to operate as a contract Motor Carrier Certificates, 61 M.C.C. 209 ing authority. I f a hearing is deemed and 766 (except hides and commodities carrier, by motor vehicle, over irregular necessary, applicant requests it be held in bulk), from points in Illinois, Minne­ routes, transporting: (a) Meats, meat sota, Indiana, and Wisconsin, to the products, meat byproducts and articles at Sioux City, Iowa, or Omaha, Nebr., or plantsite and storage facilities of distributed by meat packinghouses as de­ Sioux Falls, S. Dak.

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17607

No. MC 133566 (Sub-No. 13), filed TIONAL TRUCK, INC., Post Office Box Bladen, Onslow, and Mecklenburg Coun­ August 2, 1971. Applicant: ROBERT 4168, Amarillo, TX 79105. Applicant's ties, N.C. N o t e : Common control may be GANGLOFF AND ROBERT DOWN- representative: Charles W. Singer, 33 Involved. Applicant states that the re­ HAM, a partnership, doing business as North Dearborn Street, Chicago, IL quested authority cannot be tacked with GANGLOFF AND DOWNHAM, Post 60602. Authority sought to operate as a its existing authority. If a hearing is Office Box 676, Logansport, IN 46947. common carrier, by motor vehicle, over deemed necessary, applicant requests it Applicant’s representative: Jack H. irregular routes, transporting: Meats, be held at Charlotte, N.C., or Washington, Blanshan, 29 South La Salle Street, meat products, meat byproducts and D. C. Chicago, IL 60603. Authority sought to articles distributed by meat packing­ operate as a common carrier, by motor houses, as described in sections A and C No. MC 133967 (Sub^No. 8), filed vehicle, over irregular routes, transport­ of appendix I to the report in Descrip­ July 29, 1971. Applicant: JOHN R. Mc- ing: Frozen meat, from the cold storage tions in Motor Carrier Certificates, 61 CORMICK, doing business as McCOR- facilities utilized by Wilson Sinclair Co., M.C.C. 209 and 766 (except hides and M ICK TRUCKING, Route 1, Catawba, at or near Sodus, Mich., to points in commodities in bulk), from Beefland In ­ W I 54515. Applicant’s representative: Connecticut, Delaware, Indiana, Maine, ternational’s plantsite at Council Bluffs, Rolfe E. Hanson, 121 West Doty Street, Maryland, Massachusetts, Ohio, New Iowa, and Storage facilities to points in Madison, W I 53703. Authority sought to Hampshire, New Jersey, New York, Penn­ Maine, New York, New Jersey, Penn­ operate as a contract carrier, by motor sylvania, Rhode Island, Vermont, Vir­ sylvania, Maryland, Delaware, Virginia, vehicle, over irregular routes, transport­ ginia, West Virginia, and the District of and the District of Columbia. N ote : Com­ ing: (1) (a) Doors, sashes, window Columbia, restricted Ifco the transporta­ mon control may be involved. Applicant units, screens, frames and window blinds, tion of traffic originating at the above- states that the requested authority can­ and parts and accessories thereof, specified origin and destined to the not be tacked with its existing authority. whether moving in separate or mixed above-specified destinations. Note: I f a I f a hearing is deemed necessary, appli­ shipments, from Ladysmith, Wis., to hearing is deemed necessary, applicant cant requests it be held at Omaha, Nebr., points in North Dakota, South Dakota, requests it be held at Chicago, HI., or or Chicago, HI. Montana, Minnesota, Wisconsin, Illi­ Detroit, Mich. nois, Indiana, Ohio, Kentucky, Michigan, No. MC 133737 (Sub-No. 7), filed July Nebraska, Pennsylvania, West Virginia, No. MC 133655 (Sub-No. 49), filed 23, 1971. Applicant: ROBERT CRAW­ and Iowa; and (b) materials and supplies August 3, 1971. Applicant: TRANS­ FORD, doing business as CRAWFORD used in the manufacture and distribution NATIONAL TRUCK, INC., Post Office TRUCKING COMPANY, 8998 L Street, of the above commodities, from the des­ Box 4168, Amarillo, T X 79105. Applicant’s Omaha, NE 68127. Applicant’s represent­ tinations named to Ladysmith, Wis. Re­ representative: Charles W. Singer, 33 ative: Donald L. Stem, 530 Univac stricted to service under contract With North Dearborn Street, Chicago, IL Building, Omaha, NE 68103. Authority Great Lakes Millwork Corp., Ladysmith, 60602. Authority sought to operate as a sought to operate as a contract carrier, Wis., and (2) (a) Wooden pallets and common carrier, by motor vehicle, over by motor vehicle, over irregular routes, pallet parts from Ogema, Wis., to points irregular routes, transporting: (1) Meats, transporting: (1) Feed and feed ingredi­ in Hlinois, Indiana, Minnesota, Michigan, meat products, and meat byproducts and ents, (a) from Des Moines, Iowa, to St. and Wisconsin; and (b) materials and articles distributed by meat packing­ Joseph, Mo., and points in Nebraska and supplies used in the manufacture and houses, as described in sections A and C Kansas, (b) from Omaha, Nebr., to St. distribution of the above commodities, of appendix 1 to the report 4n Descrip­ Joseph, Joplin, and Maryville, Mo., and from the destinations named, to Ogema, tions in Motor Carrier Certificates, 61 points in Kansas; (2) animal health Wis. Restricted to service under contract M.C.C. 209 and 766, except hides and products, (a) from Omaha, Nebr., to St. with E. W. Larson, doing business as commodities in bulk, from points in Hli- Joseph, Mo., and points in Kansas, (b) E. W. Larson Co., Ogema, Wis. N ote: I f a nois and Indiana to the plantsite and/or from Des Moines, Iowa, and Eagle Grove, hearing is deemed necessary, applicant storage facilities of Armour-Dial, Inc., at Iowa, to St. Joseph, Mo., and points in requests it be held at Madison or Eau Fort Madison, Iowa, and (2) meats Nebraska and Kansas; (3) salt, (a) from Claire, Wis. cooked, cured, or preserved, with or with­ Hutchinson, Kans., to Denison, Washing­ out vegetable, milk, eggs, or fruit ingredi­ ton, Des Moines, and Sioux City, Iowa, No. MC 134070 (Sub-No. 12), filed ents, other than frozen, from the and Albion, Omaha, Grand Island, and July 20, 1971. Applicant: GENOVA plantsite of Armour-Dial, Inc., at Fort Lexington, Nebr.; and (4) dog food, calf TRANSPORT, INC., 484 Clayton Road, Madison, Iowa, to points in Texas.-Note: milk replacer, and dried molasses, (a) Williamstown, NJ 08094. Applicant’s rep­ Applicant states that the requested au­ from Joplin, Mo., to Des Moines, Sioux resentative: George A. Olsen, 69 Tonnele thority cannot be tacked with its existing City, and Washington, Iowa, and Grand Avenue, Jersey City, NJ 07306. Authority authority. If a hearing is deemed neces­ Island and Omaha, Nebr., under contract sought to operate as a contract carrier, sary, applicant requests it 'be held at with Nixon £ Co. (ConAgra). Note: I f a by motor vehicle, over irregular routes, Chicago, 111., or Washington, D.C. hearing is deemed necessary, applicant transporting: Containers, container ends, requests it be held at Omaha, Nebr. caps and covers, from Lemoyne, Pa., No. MC 133655 (Sub-No. 50), filed Au­ Cambridge and Hurlock, Md., to points No. MC 133937 (Sub-No. 10), filed gust 2, 1971. Applicant: TRANS-NA­ in Glassboro and Williamstown, N.J., July 20, 1971. Applicant: CAROLINA TIONAL TRUCK, INC., Post Office Box under contract with National Fruit Co., CARTAGE COMPANY, INC., 424 Airport 4168, Amarillo, T X 79105. Applicant’s Violet Packing Co., and Ron Son Mush­ representative: Charles W. Singer, 33 Road, Post Office Box 1075, Greenville room Product Co., Inc. Note: .Common SC 29602. Applicant’s representatives: North Dearborn Street, Chicago, IL control may be involved. If a hearing is 60602. Authority sought to operate as a Leonard A, Jaskiewicz, 1730 M Street NW., Suite 501, Washington, DC 20036, deemed necessary, applicant requests it common carrier, by motor vehicle, over be held at Philadelphia, Pa., or Wash­ irregular routes, transporting: Bakery and James Lanier (same address as ap­ ington, D.C. blend, from Louisville, Ky., to points in plicant). Authority sought to operate Arkansas, Missouri, Iowa, Nebraska, as a common carrier, by motor vehicle, No. MC 134264 (Sub-No. 10), filed Au­ Kansas, Oklahoma, Texas, New Mexico, over irregular routes, transporting: Gen­ gust 3, 1971. Applicant: OCKENFEL’S Anzona. California, Colorado, Nevada, eral commodities, except those of unusual TRANSFER, INC., Post Office Box 3, Utah, Oregon, and Washington. N ote: value, classes A and B explosives, house­ Iowa City, IA 52240. Applicant’s repre­ Applicant states that the requested au­ hold goods, as defined by the Commis­ sentative: Kenneth F. Dudley,* 611 thority cannot be tacked with its existing sion and commodities in bulk, between Church Street, Post Office Box 279, Ot­ authority. Common control may be in­ the Charlotte-Douglas Municipal Air­ tumwa, IA 52501. Authority sought to volved. If a hearing is deemed necessary, port at Charlotte, N.C., on the one hand, operate as a contract carrier, by motor applicant requests it be held at Louis­ and, on the other, points in Brunswick, vehicle, over irregular routes, transport­ ville, Ky., or Chicago, 111. Stanly, Columbus, Robeson, Pender, ing: (1) Corrugated plastic drainage Cumberland, Scotland, Hoke, Moore, tubing, related articles, supplies and ac­ No. MC 133655 (Sub-No. 51), filed Au- Richmond, Anson, Union, Carbarrus, cessories, from Arthur, HI.; Cresco and Bust 2> 1971* Applicant: TRANS-NA­ Montgomery, Duplin, New Hanover, Iowa City, Iowa; plantsite of Advanced

No. 171---- 8 FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17608 NOTICES

Drainage Systems of Ohio, Inc., near Title Building, 325 Robert S. Kerr Ave­ FROZEN FOODS, INC., 16500 West Malinta and Wooster, Ohio; and Row­ nue, Oklahoma City, O K 73102 and Dale Glendale Drive, New Berlin, W I 53151. land, N.C., to points in the United States Waymire (same address as applicant). Applicant’s representative: Victor L. (except Alaska, Arizona, California, Ha­ Authority sought to operate as a com­ Leben, (same address as applicant). Au­ waii, Idaho, Montana, Nevada, Oregon, mon carrier, by motor vehicle, over irreg­ thority sought to operate as a contract Utah, and Washington, and (2) mate­ ular routes, transporting: Meats, meat carrier, by motor vehicle, over irregular rials, equipment, and supplies used in products, meat byproducts and articles routes, transporting: Foodstuffs, and the manufacture, processing, sale, distri­ distributed by meat packinghouses, as de­ restaurant supplies; (a) from Milwaukee, bution, and installation of corrugated scribed in sections A and C of appendix I Wis., to points in the Chicago, HI., com­ plastic drainage tubing, from points in to the report in Descriptions in Motor mercial zone; and (b) from LaGrange, the United States (except Alaska, Ari­ Carrier Certificates, 61 M.C.C. 209 and HI., Milwaukee, Wis., under contract yyith zona, California, Hawaii, Idaho, Mon­ 766 (except hides and commodities in Bon Host Service Corp. N ote : If a hear­ tana, Nevada, Oregon, Utah, and Wash­ bulk), from the plantsite and warehouse ing is deemed necessary, applicant re­ ington, to Arthur, HI.; Cresco and Iowa facilities of Wilson Certified Foods at quests it be held at Milwaukee, Wis., or City, Iowa; the plantsite of Advanced Oklahoma City, Okla., to points in Ala­ Chicago, 111. Drainage Systems of Ohio, Inc., near bama, Florida, Georgia, North Carolina, No. MC 135280 (Sub-No. 3), filed Malinta, Ohio; Wooster, Ohio; and Row­ South Carolina, and Tennessee. N o t e : July 26, 1971. Applicant: PEP LINES land, N.C., under contract with Advanced Applicant states that the requested au­ TRUCKING CO., a corporation, 15120 Drainage Systems, Inc., Advanced Drain­ thority cannot be tacked with its existing Third Avenue, Highland Park, M I 48203. age Systems of Ohio, Inc. N o t e : I f a authority. Common control and dual op­ Applicant’s representative: J. A. Kundtz, hearing is deemed necessary, applicant erations may be involved. If a hearing is 1100 National City Bank Building, Cleve­ requests it be held at Chicago, HI., or deemed necessary, applicant requests it land, OH 44114. Authority sought to Kansas City, Mo. be held at Oklahoma City, Okla., Fort operate as,a contract carrier, by motor Worth, Tex., or Washington, DCC. No. MC 134454 (Sub-No. 4), filed July < vehicle, over irregular routes, transport­ 26, 1971. Applicant: PRICE DELIVERY No. MC 134777 (Sub-No. 19), filed Au­ ing: (A ) Such merchandise as is dealt in SERVICE, INC., 367 West Second Street, gust 2, 1971. Applicant: SOONER EX­ by mail order and chain retail depart­ Dayton, OH 45402. Applicant’s repre­ PRESS, INC., Post Office Box 219, Sooner ment stores, and in connection therewith, sentative: Paul F. Beery,-88 East Broad Building, Highway 70 South, Madill, OK materials and supplies used in the con­ Street, Suite 1660, Columbus, OH 43215. 73446. Applicant’s representatives: James duct of such business; (1) from the stores Authority sought to operate as a con­ C. Hamill, Suite 204, Law Title Building, and other places of business of Mont­ tract carrier, by motor vehicle, over irreg­ 325 Robert South Kerr Avenue, Okla­ gomery Ward & Co., Inc., located in Nor­ ular routes, transporting: (A ) Concrete homa City, OK 73102 and Dale Waymire folk, Portsmouth, Newport News, Hamp­ products (except commodities in bulk); (same address as applicant). Authority ton, Virginia Beach, Suffolk, and Wil­ (b) pipe fittings; and (c) materials and sought to operate as a common carrier, liamsburg, Va., and their commercial supplies incidental to the manufacture by motor vehicle, over irregular routes, zones as defined by the Commission, on of concrete products (except commodities transporting: Meats, meat products, meat the one hand, and, on the other, points in bulk), between the plantsite of Price byproducts and articles distributed by in Virginia and North Carolina; (2) from Brothers Co. in Duchess County, N.Y., meat packinghouses, as described in sec­ the stores and other places of business on the one hand, and, on the other, tions A and C of appendix I to the report of Montgomery Ward & Co., Inc., located points in Maine, Vermont, New Hamp­ in Descriptions in Motor Carrier Certifi­ in Frederick County, Md., to points in shire, Massachusetts, Connecticut, Rhode cates, 61 M.C.C. 209 and 766 (except hides Maryland, Pennsylvania, and West Vir­ Island, New York, New Jersey, Pennsyl­ and commodities in bulk), from plant- ginia; and (3) from the stores and other vania, Delaware, Maryland, West Vir­ site and/or warehousing facilities of places of business of Montgomery Ward ginia, Virginia, Ohio, and the District Wilson Certified Foods at Oklahoma City, & Co., Incs, located in Hartford County, of Columbia, under contract with Price Okla., to points in Arkansas, Colorado, Md., to points in Maryland, Delaware, Brothers. If a hearing is deemed neces­ Kansas, Louisiana, Mississippi, and and Pennsylvania; and (B) returned shipments of such merchandise as is sary, applicant requests it be held at Nebraska. N o t e : Applicant states that dealt in by mail order and chain retail Columbus, Ohio. the requested authority cannot be tacked department stores from the above spe­ No. MC 134574 (Sub-No. 6), Hied with its existing authority. It further states it holds contract carrier authority cified destination areas to the respec­ August 2, 1971. Applicant: FIGOL DIS­ tive origins described hereinabove, under TRIBUTORS LIMITED, 11041 105th under MC 87088 and subs, therefore, common control and dual operations may continuing contract ox contracts with Avenue, Edmonton, AB, Canada. Appli­ Montgomery Ward & Co., Inc. N ote : Ap­ cant’s representative: Eldon M. Johnson, be involved. If a hearing is deemed neces­ sary, applicant requests it be held at plicant also holds common carrier au­ 140 Montgomery Street, San Francisco, thority under MC 120184 and subs, Oklahoma City, Okla., Fort Worth, Tex., CA 94104. Authority sought to operate therefore, dual operations and common as a common carrier, by motor vehicle, or Washington, D.C. control may be involved. If a hearing is over irregular routes, transporting: Beer, No. MC 134922 (Suh-No. 15) filed deemed necessary, applicant requests it malt liquors, wine, and distilled alcoholic July 26,1971. Applicant: B. J. McADAMS, be held at Washington, D.C. beverages in consumer bottles and cans, INC., Route 6, Box 16, North Little Rock, No. MC 135343 (Sub-No. 1), filed from points in California to points along AR 72118. Applicant’s representative: the United States-Canadian border in July 28, 1971. Applicant: VAN De George Harris c/o B. J. McAdams (same HOGEN CARTAGE LIMITED, Route 4, Washington, Idaho, and Montana, re­ address as applicant). Authority sought Chatham, ON, Canada. Applicant’s rep­ stricted to shipments having a destina­ to operate as a common carrier, by motor resentative: William J. Hirsch, 35 Court tion in the realm of Canada. N o t e : Ap­ vehicle, over irregular routes, transport­ •Street, Buffalo, N Y 14202. Authority plicant holds contract authority under ing: Paper and paper products, from sought to operate as a common carrier, MC 124972 (Sub 2), therefore dual oper­ Pine Bluff, Ark., to points in Ohio, by motor vehicle, over irregular routes, ations may be involved. Applicant states Indiana, Hlinois, Wisconsin, Missouri, transporting: brick and stone, from that the requested authority cannot be Michigan, Iowa, Minnesota, Kansas, those ports of entry on the international tacked with its existing authority. I f a Oklahoma, Nebraska, South Dakota, and boundary line between the United States hearing is deemed necessary, applicant North Dakota. N o t e : Applicant states and Canada located in Michigan and requests it be held at San Francisco, that the requested authority cannot be New York to points in Indiana, Ken­ Calif. tacked with its existing authority. I f a tucky, Michigan, New York, Ohio, and No. MC 134777 (Sub-No. 18), filed hearing is deemed necessary, applicant Pennsylvania. N o t e : Applicant holds August 2, 1971. Applicant: SOONER requests it be held at Little Rock, Ark., contract carrier authority under M EXPRESS, INC., Post Office Box 219, or Jacksonville, Fla. 133318, therefore, dual operations may Madill, O K 73446. Applicant’s represent­ No. MC 135066 (Sub-No. 2), filed be involved. Applicant states that the re­ quested authority cannot be tacked witn atives: James C. Hamill, Suite 204, Law July 26, 1971. Applicant: SILVER CITY

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17609

its existing authority. I f a hearing is cant’s representative: Alan F. Wohlstet- transporting: (1) Plastic pipe, plastic deemed necessary, applicant requests it ter, 1700 K Street N W , Washington, DC tubing, plastic conduit, plastic molding, be held at Buffalo, N.Y. 20006. Authority sought to operate as valves, fittings, compounds, joint sealers, No. MC 135452 (Sub-No. 2), filed a common carrier, by motor vehicle, bonding cement, thinner, vinyl, and ac­ July 26, 1971. Applicant: JOHN R. over irregular routes, transporting: Used cessories used in the installation of such SHEARON AND FRED D. SHEARON, household goods, between points in San products, from Linn Creek, Mo., to points a partnership, doing- - business as Diego, Orange, Los Angeles, Ventura, in Texas, Kansas, Oklahoma, Arkansas, SHEARON TRUCKING, Vine Street, Santa Barbara, San Bernardino, River­ Hlinois, Minnesota, Iowa, Nebraska, Post Office Box 387, Ashland City, TN side, and Imperial Counties, Calif., re­ Tennessee, Louisiana, Mississippi, Ohio, 37015. Applicant’s representatives: A. O. stricted to the transportation of traffic Indiana, North Carolina, South Carolina, Buck and Robert L. Baker, 300 James having a prior or subsequent movement, Georgia, Alabama, Pennsylvania, Wis­ Robertson Parkway^ Nashville, TN 37201. in containers, and further restrictecL-to consin, Virginia, Florida, and West Vir­ Authority sought to operate as a contract the performance of pickup and delivery ginia, and (2) materials and supplies carrier, by motor vehicle, over irregular service in connection with packing, crat­ used in the manufacture of the products routes, transporting: (1) Scrap steel, ing, and containerization or unpacking, in (1) above, from points in the above- from Ashland City, Tenn., to Gadsden, uncrating, and decontainerization of such named destination States to Linn Creek, Ala., and (2) coil steel and steel sheets, traffic. N o t e : Common control may be Mo., under contract with Central Mis­ from Gadsden, Ala., to Ashland City, involved. I f a hearing is deemed neces­ souri Pipe Co. If a hearing is deemed Tenn., under contract with State Stove sary, applicant does not specify a loca­ necessary, applicant requests it be held tion. at Kansas City, Mo. & Manufacturing Co., Inc. N o t e : If a hearing is deemed necessary, applicant No. MC 135601 (Sub-No. 1), filed No. MC 135678 (Sub-No. 1) filed July requests it be held at Nashville, Tenn. August 2, 1971. Applicant: RESEARCH 30, 1971. Applicant: MIDWESTERN No. MC 135453 (Sub-No. 2), filed TRANSPORT COMPANY, INC., 1835 TRANSPORTATION, INC., 620 South July 28, 1971. Applicant: BARLAGE, East North Street, Salina, KS 67401. Ap­ Broadway, Post Office Box 25802, Okla­ INC., Eldred, HI. 62027. Applicant’s rep­ plicant’s representative: John E. homa City, OK 73125. Applicant’s repre­ resentative: Robert T. Lawley, 300 Reisch Jandera, 641 Harrison Street, Topeka, sentative: Rufus H. Lawson, 106 Bixler Building, Springfield, HI. 62701. Author­ KS 66603. Authority sought to operate Building, 2400 Northwest 23d Street, Post ity sought to operate as a contract car­ as a contract carrier, by motor vehicle, Office Box 75124, Oklahoma City, OK rier, by motor vehicle, over irregular over irregular routes, transporting: (1) 73107. Authority sought to operate as a routes, transporting : Liquid fertilizer, for Fumigants, insecticides, herbicides, flour common carrier, by motor vehicle, over the account of American Oil Co., from bleaching and maturing compounds, (2) regular routes, transporting: General White Hall, HI., to points in Missouri, equipment and supplies used in the ap­ commodities; (1) between Oklahoma under contract with American Oil Co. plication and sale of fumigants, insecti­ City, Okla., and the Oklahoma-Texas Note: If a hearing is deemed necessary, cides, herbicides, flour bleaching and State line, approximately 1 mile west of applicant requests it be held at Chicago maturing compounds, from Freeport, Texola, Okla.; from Oklahoma City, or Springfield, HI. Tex., Salina, Kans., ClAremore, Okla., Okla., over U.S. Highway 66 and Inter­ and Burt, N.Y., to points in the United state Highway 40 to the Oklahoma-Texas No, MC 135536 (Sub-No. 1), filed Au­ States (except Alaska and Hawaii), and State line, and return over the same gust 3, 1971. Applicant: MESSIER (3) materials and supplies used in the route, serving all intermediate points TRANSPORT ( MARIE VILLE ), INC., manufacture of products named in (1) (except Bethany, Yukon, and El R eno), 132 Russieau St-Louis, Marieville, PQ, above, from points in the United States and serving the off-route point of Hydro, Canada. Authority sought to operate as (except Alaska and Hawaii), to Salina, Okla.; (2) between Oklahoma City, Okla., a contract carrier, by motor vehicle, over Kans., daremore, Okla., and Burt, N.Y., and Sayre, Okla.; from Oklahoma City, irregular routes, transporting: Nails, under continuing contract with Research Okla., over Interstate Highway 40 and taire, bolts, taire-mesh, and voire rods, Products Co.t Salina, Kans., Research U R Highway 66 to Clinton, thence from ports of entry on the international Flour Service Products Co., Inc., Salina, oyer State Highway 73 to its junc­ boundary line between the United States Kans., The Weevil-Cide Co., Salina, tion with State Highway 34, thence and Canada located in Vermont, New Kans., and Grain Fumigation Co., Inc., over State Highway 34 to its junction Hampshire, and Maine, to points in Salina, Kans. N o t e : I f a hearing is with State Highway 33, thence over State Maine, New Hampshire, Massachusetts, deemed necessary, applicant requests it Highway 33 to its junction with U.S. Connecticut, and Rhode Island, under foe held at Kansas City, Mo. - Highway 283, thence over U.S. Highway contract with Sivaco Wire and Nail Co., No. MC 135623 (Sub-No. 1), filed July 283 to Sayre, Okla., and return over the Marieville, Province of , Ganada. same route, serving all intermediate Note: If a hearing is deemed necessary, 30, 1971. Applicant: RAINBOW EX­ PRESS, INC., 539 North 171st, , points between Clinton and Sayre, Okla., applicant- requests it be held at Montpe­ and the off-route points of Stafford, lier, Canada, or Albany, N.Y. WA. Applicant’s representative: George R. LaBissoniere, 1424 Washington Build­ Hammon, and Herring, Okla.; No. MC 135575 (Sub-No. 1), filed Au­ ing, Seattle, Wash. 98101. Authority (3) Between Oklahoma City, Okla., gust2, 1971. Applicant: J. BRUCE L IT ­ sought to operate as a contract carrier, and intersection of State Highway 34 TLEFIELD, doing business as B. L IT - by motor vehicle, over irregular routes, and State Highway 33; from Oklahoma TLEFIELD & SONS, Lebanon Road, transporting: Malt beverages, from City, Okla.,’ over U.S. Highway 66 and North Berwick, ME 03966. Applicant’s points in Minnesota to points in Wash-- Interstate Highway 40 to Clinton, thence representative: Frederick T. McGonagle, ington, under contract with National over U.S. Highway 183 to its intersection 36 Main Street, Gorham, ME 04038. Au­ Distributing Co., Anacortes Distributing with State Highway 33, thence over State thority sought to operate as a contract Co., Totem Beverages, Inc., Puget Sound Highway 33 to its intersection with State carrier, by motor vehicle, over irregular Distributors, City Beverages, Inc., and Highway 34, and return over the same routes, transporting: in Liquid asphalt, Consolidated Beverages. N o t e : I f a hear­ route, serving all intermediate points bulk, in tank vehicles, from Everett, ing is deemed necessary, applicant re­ between Clinton and intersection of Mass., to points in York County, Maine, quests it be held at Seattle, Wash. State Highway 34 and State Highway under contract with Warren Brothers 33; (4) between Oklahoma City, Okla., Co. Note: If a hearing is deemed neees- No. MC 135660 (Sub-No. 1), filed Au­ gust 2, 1971'. Applicant: BROWNSBER- and Erick, Okla.; from Oklahoma City siry, applicant requests it be held at oyer Interstate Highway 40 and U.S. Portland or Augusta, Maine. GER ENTERPRISES, INC., Rural Free Delivery No. 1, Post Office Box 111, But­ Highway 66 to Weatherford, thence over No MC 135593 (Sub-No. 1), filed ler, MO 64730. Applicant’s representa­ State Highway 54 to its intersection with July 27,1971. Applicant: WOODROW W. tive: John E. Jandera, 641 Harrison State Highway 33, thence over State De w it t , doing business as SHORT’S Street, Topeka, KS 66603. Authority Highway 33 to its intersection with U.S. AN & STORAGE, 6060 North Figueroa Highway 183, thence over U.S. Highway sought to operate as a contract carrier, 183 to its intersection with U.S. Highway Street, Los Angeles, CA 90042. Appli- by motor vehicle, over irregular routes, 60, thence over U.S. Highway 60 to Seil-

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17610 NOTICES ing, thence over U.S. Highway 60 to (11) Between Oklahoma City, Okla., Logan International Airport, Boston, Arnett, thence north over State Highway and Butler, Okla.; from Oklahoma City Mass.; Bradley International Airport, 46 to Gage, thence over State Highway over Interstate Highway 40 and U.S. Hartford, Conn.; Hancock Airport, 15 to Shattuck, thence over Ü.S. High­ Highway 66, to Clinton, thence over State Onondaga County, N.Y.; Albany County way 283 to its intersection with State Highway 183 to Rocky, thence over State Airport, Albany, N.Y.; Stewart Air Force Highway 33, thence over State Highway Highway 55 to Sentinel, thence over Airport, Orange County, N.Y.; McGuire 33 to its intersection with State Highway State Highway 44 to Butler, and return Air Force Base, Burlington and Ocean 30, thence over State Highway 30 to over the same route, serving all inter­ Counties, N.J."; Philadelphia Interna­ Erick, Okla., and return over the same mediate points between Sentinel and tional Airport, Philadelphia,Pa.; Greater route, serving all intermediate points be­ Butler, Okla., and the off-route point of Wilmington Airport, New Castle County, tween Weatherford and Erick, Okla., and Clinton Sherman Air Force Base; (12) Del.; Dover Air Force Airport, Dover, serving the off-route points of Durham between Elk City, Okla., and Retrop, Del.; Friendship Airport, Anne Arundel and Dempsey, Okla.; (5) between Okla­ Okla.; from Elk City over State Highway County, Md.; National Airport, Gravelly homa City, Okla., and Sayre, Okla.; 6 to Retrop, and return over the same Point, Va. N o t e : If a hearing is deemed from Oklahoma City over Interstate route, serving all intermediate points; necessary, applicant requests it be held Highway 40 and U.S. Highway 66 to (13) between Elk City, Okla., and inter­ at New York, N.Y. Clinton, thence over U.S. Highway 183 section of State Highway 34 and State No. MC 135804 (Sub-No. 1), filed July to its intersection with State Highway Highway 152; from Elk City over Inter­ 29, 1971. Applicant: DIRKS EXPRESS, 47, thence over State Highway 47 to its state Highway 40 and U.S. Highway 66 INC., 802 Black Hawk, Reinbeck, IA intersection jsvith U.S. Highway 283, to its intersection with State Highway 50669. Applicant’s representative: Larry thence over U.S. Highway 283 to Sayre, 34, thence over State Highway 34 to its D. Knox, 900 Hubbell Building, Des Okla., and return over the same route, intersection with State Highway 152, and Moines, Iowa 50309. Authority sought to serving all intermediate points between return over the same route; and (14) operate as a contract carrier, by motor Clinton and Sayre, Okla.; between Oklahoma City, Okla., and in­ vehicle, over irregular routes, transport­ tersection of U.S. Highway 183 and State (6) Between Oklahoma City, Okla., ing: Butter, from Hudson and Sully, Highway 47; from Oklahoma City over Iowa, to Chicago, 111., and points in its and Vici, Okla.; from Oklahoma City, Interstate Highway 40 and U.S. Highway over Interstate Highway 40 and U.S. commercial zone and materials, equip­ 66 to Weatherford, thence over State ment, and supplies, used in the manu­ Highway 66 to Elk City, thence over Highway 54 to Thomas, thence over State State Highway 34 to Vici, Okla., and re­ facture, preparation, or sale of dairy Highway 47 to its intersection with U.S. products from Chicago, 111., and points in turn over the same route, serving all Highway 183, and return over the same intermediate points between Elk City its commercial zone to Sully and Hudson, route, serving all intermediate points Iowa, under continuing contract with and Vici, and the off-route point of Trail, between Thomas, Okla., and intersection Okla.; (7) between Oklahoma City, Land OTakes, Inc. N o te : I f a hearing is of U.S. Highway 183. N o t e : I f a hearing deemed necessary, applicant requests it Okla., and intersection of State High­ is deemed necessary, applicant requests way 33 and U.S. Highway 283, approxi­ be held at Des Moines, Iowa, and Omaha, it be held at Oklahoma City, or Clinton, Nebr. mately 1 mile north of Roll, Okla.; from Okla. Oklahoma City, over Interstate High­ No. MC 135849 (Sub-No. 1), filed July way 40 and IJ.S. Highway 66 to Elk City, No. MC 135712 (Sub-No.. 1), filed 30, 1971. Applicant: W AYNE L. GROP- thence over State Highway 6 to its inter­ August 2, 1971. Applicant: MANU­ PER, doing business as GRINNELL section with U.S. Highway 283, thence FACTURER’S TRANSPORT CORPORA­ TRANSPORT, 223 West Street, Grinnell, over U.S. Highway 283 to intersection TION, 1499 Lissner Avenue, Savannah, IA 50112. Applicant’s representative: State Highway 33 and U.S. Highway 283, GA 31408. Applicant’s representative: Kenneth F. Dudley, 611 Church Street, and return over the same route,' serving Ariel V. Conlin, 53 Sixth Street NE., At­ Post Office Box 279, Ottumwa, IA 52501. all intermediate points between Elk City, lanta, GA 30308. Authority sought to op­ Authority sought to operate as a con­ Okla., and intersection of State Highway erate as a contract carrier, by motor tract carrier, by motor vehicle, over ir­ 33 and U.S. Highway 283; (8) between vehicle, over irregular routes, transport­ regular routes, transporting: Beer and Oklahoma City, Okla., and the Okla- ing: (1) Waste paper, from points in malt "beverages, from St. Louis, Mo., to homa-Texas State line approximately 5 Georgia, South Carolina, and Tennessee Grinnell, Iowa, under contract with miles west of Sweetwater, Okla.; from to Union Camp Corp. mill and storage Grinnell Beverage Co., Inc. N o t e : If a Oklahoma City over State Highway 152 facility located at or near Montgomery, hearing is deemed necessary, applicant to the Oklahoma-Texas State line ap­ Ala.; and (2) paper and paper products, requests it be held at Kansas City, Mo., proximately 5 miles west of Sweetwater, from Union Camp Corp. mill located in or Chicago, HI. Autuaga County, Ala., to points in Geor­ Okla., and return over the same route, No. MC 135851 (Sub-No. 1), filed July serving all intermediate points between gia, South Carolina, and Tennessee, 29, 1971. Applicant: PENSACOLA DE­ under contract with Union Camp Corp. the intersection of State Highway 152 LIVERY SERVICE, INC., 2500 West and State Highway 54, and the Okla­ N o te : Common control may be involved. Cervantes Drive, Pensacola, FL 32506. homa-Texas State line approximately 5 I f a hearing is deemed necessary, appli­ Applicant’s representatives: Guy H. miles west of Sweetwater, Okla.; (9) cant requests it be held at New York, Postell and Frank D. Hall, Suite 713, between Oklahoma City, Okla., and N.Y., Philadelphia, Pa., Washington, 3384 Peachtree Road NE., Atlanta, GA DC., Atlanta, or Savannah, Ga. Weatherford, Okla.; from Oklahoma 30326. Authority sought to operate as a City over Interstate Highway 40 and No. MC 135777, filed June 23,1971. Ap­ contract carrier, by motor vehicle, over U.S. Highway 66 to Weatherford, Okla., plicant: DEPENDABLE INTERLINE irregular routes, transporting: (1) Cos­ thence over State Highway 54 to its in­ TRANSFERS, INC., 299 Lake Avenue, metics, toilet preparations, toilet articles tersection with State Highway 152, and Deer Park, NY 11729. Applicant’s rep­ and premiums, and (2) equipment and return over the same route, serving the resentative: Samuel B. Zinder, Station supplies used in connection with the off-route points of Com and Colony, Plaza East, Great Neck, N.Y. 11201. Au­ items listed in (1) from Pensacola, Fla., Okla.; (10) between Oklahoma City, thority sought to operate as a common to points in the Alabama counties of Okla., and Sayre, Okla.; from Oklahoma carrier, by motor vehicle, over irregular Mobile, Baldwin, Escambia, Covington, City over State Highway 152 to Cordell, routes, transporting: General commodi­ , Houston, Henry, Dale, Coffee, thence over U.S. Highway 183 to Rocky, ties (except those of unusual value, ex­ Conecuh, Monroe, Clarke, Washington, thence over State Highway 55 to its in­ plosives, household goods, commodities Butler, Crenshaw, Pike, and Barbour; tersection with State Highway 152, in bulk), restricted to traffic with a prior and points in the counties of Escambia, thence over State Highway 152 to Sayre, or subsequent movement by aircraft, be­ Santa Rosa, Okaloosa, Walton, Holmes, and return over the same route, serving tween John F. Kennedy International Jackson, Washington, Bay, Calhoun, all intermediate points between Cordell Airport, La Guardia Airport, New York, Gulf, Liberty, and Franklin, Fla., under and Sayre, Okla., including Cordell, N.Y., and Newark Airport, Newark, N.J., contract with Avon Products, Inc. N ote: Okla.; on the one hand, and, on the other, I f a hearing is deemed necessary, apph-

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17611

cant requests it be held at Pensacola, Suffolk Counties, N.Y., and Fairfield Washington, D.C. N o t e : If a hearing is Fla., or Atlanta, Ga. County, Conn., on the one hand, and, on deemed necessary, applicant requests it No. MC 135856 (Sub-No. 1), filed July the other, John F. Kennedy Interna­ be held at Philadelphia, Pa. 21, 1971. Applicant: ROCK HAULERS, tional Airport, New York, N.Y., and La No. MC 135898, filed July 20, 1971. Ap­ INC., Post Office Box 121, Middleburg, FL Guardia Airport, New York, N.Y. N o t e : plicant: W ILLIAM MIRRER, doing busi­ I f a hearing is deemed necessary, appli­ 32068. Applicant’s representative: Sol H. ness as M IRRER’S TRUCKING CO., 38 Proctor, 2501 Gulf Life Tower, Jackson­ cant requests it be held at Garden City, N.Y. Alan Avenue, Glen Rock, NJ. Applicant’s ville, Fla. 32207. Authority sought to representative: George A. Olsen, 69 Ton- operate as a common carrier, by motor No. MC 135894, filed July 23, 1971. Ap- nele Avenue, Jersey City, NJ 07306. Au­ vehicle, over irregular routes, transport­ plicaht: RODGER COOPER, doing busi­ thority sough to operate as a contract ing: Ground limestone, dolomite and hi- ness as O. R. COOPER & SON, 806 North carrier, by motor vehicle, over irregular calcic limestone, in bulk, in dump-type Harvey, Urbana, IL 61801. Applicant’s routes, transporting: Washing, cleaning trailers, from points in Florida to points representative: Albert A. Andrin, 29 and scouring compounds and materials, in Georgia and Alabama. N ote: Appli­ South La Salle Street, Chicago, IL 60603. equipment and supplies used or useful in cant states that the requested authority Authority sought to operate as a contract the manufacture and sale of washing, cannot be tacked with its existing au­ carrier, by motor vehicle, over irregular cleaning and scorning compounds, ex­ thority. If a hearing is deemed necessary, routes, transporting: Foodstuffs, except cept commodities in bulk, between Pater­ applicant requests it be held at Jackson­ in bulk, from the plant and warehouse son, N.J., on the one hand, and, on the ville, Fla. sites of Kraftco Corp. and its division, other, points in the United States in and No. MC 135880, filed July 25, 1971. Ap­ Kraft Foods, at or near Champaign, 111., east of the States of North Dakota, South plicant: JOSEPH ALLEN, TRUSTEE OF to points in Ohio, the Lower Peninsula Dakota, Nebraska, Kansas, Oklahoma, SUPERSERVICE TRUST, for the benefit of Michigan, and West Virginia and and Texas, except New York, N.Y., and of Rose Allen and Murray Brant, points in New York, Pennsylvania', and points in New York, N.Y. commercial TRUSTEE OF SUPERSERVICE TRUST, Maryland on and west of Interstate 81, zone as defined by the Commission, Nas­ for the benefit of Lily Brant, doing busi­ under contract with Kraftco Corp. and sau, Rockland, and Westchester Coun­ ness as SUPERSERVICE TRUCKING its division, K raft Foods. N o t e : If a ties, N.Y., under contract with Witco CO., 34-33 Collins Place, Flushing, NY hearing is deemed necessary, applicant Chemical Co. N o t e : Applicant holds com­ 11354. Applicant’s representative: Wil­ requests it be held at Chicago or Spring- mon carrier authority under MC 16872 liam D. Traub, 10 East 40th Street, New field, 111. and subs, therefore, common control and York, NY 10016, Authority sought to No. MC 135895,, filed July 29, 1971. Ap­ dual operations may be involved. If a operate as a contract carrier, by motor plicant: DON RAY BOYD AND JACKIE hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ ROGERS, a partnership doing business requests it be held at Washington, D.C., ing: Newsprint and printing papers, be­ as B & R DRAYAGE COMPANY, 481 or New York, N.Y. tween Greenwich, Conn., on the one Julienne Street, Jackson, MS 39204. Ap­ No. MC 135986, filed July 27, 1971. hand, and, on the other, points in New plicant’s representatives: Donald B. Applicant: MOBILE AIR-TRANSPORT, Jersey, Connecticut, Massachusetts, and Morrison and Fred W. Johnson, Jr., 717 INC., Corner of First and State Streets, that part of New York on, south, and Deposit Guaranty National Bank Build­ Troy, N Y 12180. Applicant’s representa­ east of New York Highway 7 between ing, P.O. Box 22628, Jackson, MS 39205. tive: E. Robert Bartle (same address as the New York-Vermont State line via Authority sought to operate as a com­ applicant). Authority sought to operate Albany and Binghamton, N.Y., to the mon carrier, by motor vehicle, over ir­ as a common carrier, by motor vehicle, New York-Pennsylvania State line, and regular routes, transporting: General over irregular routes, transporting: including Long Island, N.Y., under con­ commodities (except those of unusual General commodities (except those of tract with The Bato Co., Inc., 34-33 value, classes A and B explosives, com­ unusual value, classes A and B explosives, Collins Place, Flushing, N Y 11354. Note: modities in bulk, household goods as de­ household goods as defined by the Com­ If a hearing is deemed necessary, appli­ fined by the Commission, and automo­ mission, commodities in bulk, and com­ cant- requests it be held at New York, biles in primary and secondary service), modities requiring special equipment), N.Y., or Washington, D.C. and empty trailers, between Jackson, from American-Canadian border at No. MC 135881, filed July 30, 1971. Ap­ Miss., on the one hand, and, on the other, Champlain, N.Y., to the New York City plicant: CURTIS R. LUNNEY, Westfield, points in Amite, Attala, Carroll, Choc­ airports and return. N o t e : I f a hearing Maine 04787. Applicant’s representative: taw, Clairbome, Copiah, Covington, is deemed necessary, applicant requests James M. Coyne, Post Office Box R, Cari­ TYanklin, Hinds, Holmes, Humphries, it be held at New York City, or Albany, bou, ME 04736. Authority sought to oper- •. Issaquena, Jasper, Jefferson, Jeff Davis, N.Y. ate as a contract carrier, by motor ve­ Jones, Lawrence, Leake, Leflore, Lincoln, M otor C arriers o f P assengers hicle, over irregular routes, transporting: Madison, Marion, Montgomery, Neshoba, Packaged "beverages and beverage con­ Newton, Pike, Rankin, Scott, Sharkey, No. MC 128209 (Sub-No. 1), filed tainers (no bulk), between points in Simpson, Smith, Walthall, Warren, July 30, 1971. Applicant: VOIGHT BUS New Hampshire, New Jersey, New York, Washington, Winston, and Yazoo Coun­ SERVICE, INC., Rural Route No. 3, St. Connecticut, Rhode Island, Maine, West ties, Miss., restricted to traffic having a Cloud, MN 56301. Applicant’s representa­ Virginia, Pennsylvania, and Massachu­ prior or subsequent movement by rail in tive: Val M. Higgins, 1000 First National setts, under contract with Hugh Pierson, trailer-on-flatcar-service. N o t e : I f a Bank Building, Minneapolis, Minn. Joseph Freeman, William Anderson, hearing’ is deemed necessary, applicant 55402. Authority sought to operate as a Peter Briggs, and Robert Solman. Note: requests it be held at Jackson, Miss. common carrier, by motor vehicle, over if a hearing is deemed necessary, appli­ No. MC 135897, filed July 30, 1971. Ap­ irregular routes, transporting: (1) Pas­ cant requests it be held at Caribou, or plicant: JOHN J. GARR, SR., 13027 sengers and their baggage, in round-trip Bangor, Maine. Worthington Road, Philadelphia, PA charter and special operations (includ­ ing round-trip sightseeing and pleasure No. MC 135886, filed July 23, 1971. Ap- 19116. Applicant’s representative: Alan tours); (a) beginning and ending at Qc«ant: ACTION A IR FREIGHT, INC., Kahn, 1920 Two Penn Center Plaza, Philadelphia, PA 19102. Authority sought points in Benton, Mille Lacs, Sherburne, iir Baysid.e Avenue, Oceanside, NY Stearns, and Wright Counties, Minn! H572. Applicant’s representative: Ches- to operate as a common carrier, by motor and extending to points in the United • LA> Zyblut> 1522 K Street NW., Wash­ vehicle, over irregular routes, transport­ ington, DC 20005. Authority sought to ing: Wall plaster and waterproofing States (including Alaska, but excluding operate as a common carrier, by motor compounds (except commodities in bulk, Hawaii, Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Nebraska, North Da­ g. GeneraZ commodities, except com- in tank or hopper vehicles), from the kota, Tennessee, South Dakota, and w T ies in . bulk> restricted to traffic facilities of Penn Crete Products Co., Inc!, vmg a prior or subsequent movement Wisconsin; (b) beginning and ending at in Philadephia, Pa., to Baltimore, Md.; points in Chisago, Crow Wing, Douglas, y air, between points in Nassau and Edison and Neptune City, N.J.; and Isanti, Kandiyohi, Kanabec, Meeker,

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17612 NOTICES

Morrison, Pine, Pope, Swift, and Todd erations will be restricted to the trans­ ASSIGNMENT OF HEARINGS Counties, Minn, and extending to points portation of passengers originating at or in the United States (including Alaska destined to the Atomic Energy Plant at A u g u s t 30, 1971. but excluding H aw aii); (2) Passengers Calvert Cliffs, Md. N o t e : I f a hearing is Cases assigned for hearing, postpone­ and their baggage in round-trip special deemed necessary, applicant requests it ment, cancellation, or oral argument ap­ operations (including round-trip sight­ be held at Washington, D.C., or Fairfax,' pear below and will be published only seeing and pleasure tours), beginning Va. once. This list contains prospective as­ signments only and does not include and ending at points in Benton, Sher­ A p p l ic a t io n fo r F r e ig h t F o r w arder burne, Stearns, Mille Lacs, and Wright cases previously assigned hearing dates. Counties, Minn, and extending to points No. FF-164 (Sub-No. 5) (ARROW - The hearings will be on the issues as in Colorado, Illinois, Indiana, Iowa, LIFSCHULTZ FREIGHT FORWARD­ presently reflected in the Official Docket Kansas, Michigan, Nebraska, North Da­ ERS, INC., Extension—Illinois), filed of the Commission. An attempt will be kota, South Dakota, Tennessee, Wiscon­ August 5, 1971. Applicant: ARROW- made to publish notices of cancellation sin, and ports of entry on the United LIFSCHULTZ FREIGHT FORWARDER, of hearings as promptly as possible, but States-Canada boundary line located in INC., 386 Park Avenue South, New York, interested parties should take appropri­ Minnesota. N ote : I f a hearing is deemed N Y 10016. Applicant’s representative: ate steps to insure that they are notified necessary, applicant requests it be held at Hylan Cooper, 450 Seventh Avenue, New of cancellation or postponements of Minneapolis, Minn. York, N Y 10001. Authority sought under hearings ir. which they are interested. section 410, Part IV of the Interstate Finance Docket No. 26356, Atchison, Topeka No. MC 133305 (Sub-No. 2), filed Commerce Act, for a permit to extend and Santa Fe Railway Co., abandonment July 16, 1971. Applicant: DAVIS AIR­ operation as a freight forwarder, in in­ between Ada and Tupelo, Okla., assigned PORT LIMOUSINE SERVICE, INC., 711 terstate or foreign commerce, through , 1971, in Conference Room, 12th Street NE., Canton, OH 44704. Ap­ the use of the facilities of common car­ Chamber of Commerce Building, 300 West Main Street, Ada, OK. plicant’s representative: S. Harrison riers by railroad, water, air, and motor Kahn, Suite 733, Investment Building, MC 69492 Sub 36, Henry Edwards, doing vehicle in the transportation of: General business as Henry Edwards Trucking Co., Washington, D.C. 20005. Authority commodities, between points in Illinois, assigned October 12, 1971, in Room 661, sought to operate as a common carrier, Indiana, Iowa, and Wisconsin on the one U.S. Courthouse, 801 Broadway, Nashville, by motor vehicle, over irregular routes, hand, and, on the other, points in Oregon TN. transporting: Passengers and their bag­ and Washington. MC-F-10813, Eastern Express, Inc.— Con­ gage in the same vehicle with passengers trol— R. C. Motor Lines, Inc., assigned in special operations in round trip sight­ A p p l ic a t io n fo r B rokerage L ic e n s e October 5, 1971, at the Offices of the Inter­ seeing and pleasure tours, beginning and state Commerce Commission, Washington, No. MC 130083 (Sub-No. 1), filed D.C. ending at points in Summit and Portage July 30, 1971. Applicant: FUN AFAR, MC-F-11029, American Export Industries, Counties, Ohio, and at points in Ash­ INC., Pen and Pencil Building, Port Jef­ Inc., and Eastern Express, Inc.— Investiga­ land, Medina, Wayne, Stark, Columbiana, ferson, N.Y. Applicant’s representative: tion of Control— R. C. Motor Lines, Inc., Holmes, Tuscarawas, and Carroll Coun­ Samuel B. Zinder, Station Plaza East, assigned October 5, 1971, at the Offices of ties, Ohio, south of U.S. Highway 224 Great Neck, N.Y. 11021. For a license the Interstate Commerce Commission, and extending to points in the United (BMC 5) to engage in operations as a Washington, D.C. States (except Alaska and Hawaii). MC—F—10414, Eastern Express, Inc.—Pur­ broker at Port Jefferson, N.Y., in arrang­ chase— Kasmar Rochelle Transit ^Co., as­ N o t e : I f a hearing is deemed necessary, ing for the transportation by motor ve­ signed, October 5, 1971, at the Offices of applicant requests it be held at Cleve­ hicle, in interstate or foreign commerce, the interstate Commerce Commission, land, Ohio, or Columbus,- Ohio. of passengers and their baggage in round Washington, D.C. trip sightseeing and pleasure tours, be­ Finance Docket No. 26630 Sub 1, Baltimore No. MC 133403 (Sub-No. 1), filed & Eastern Railroad Co., abandonment be­ July 26, 1971. Applicant: HUDSON ginning and ending at points in Suffolk County, N.Y., and extending to points in tween Queenstown and Denton, Caroline TRANSIT CORPORATION, Montgom­ and Queen Annes Counties, Md., assigned ery, N.Y. 12549. Applicant’s representa­ the United States (including Alaska and , 1971, at the Public Library, tive: Samuel B. Zinder, Station Plaza Hawaii), restricted against the conduct­ Denton, Md. East, Great Neck, N.Y. Authority sought ing of student tours extending to points MC 100853 Sub 14, W. Howard Pinkett, now west of the Mississippi River. assigned , 1971, at Wash­ to operate as a common carrier, by motor ington, D.C., is canceled. vehicle, over irregular routes, transport­ A p p l ic a t io n i n W h ic h H a n d l in g W i t h ­ MC 99610 Sub 12, Ross Neeley Express, Inc., ing: Passengers and their baggage, in o u t O ral H e a r in g H as B e e n R equested dismissed. special operations, in sightseeing or MC 115331 Sub 301, Truck Transport, Inc., No. MC 134694, filed July 22,1971. Ap­ pleasure tours, beginning and ending at now assigned , 1971, at plicant: ABLE TRANSPORTATION, points in Allegany and Steuben Counties, St. Louis, Mo., canceled transferred to INC., 11910 Greenstone Avenue, Santa Fe modified procedure. N.Y., and extending to points in the Springs, CA 90670. Applicant’s represent­ United States, including Alaska (but ex­ ative: Donald Murchison, Suite 400, [ s e a l ] R o bert L . O sw a ld , cluding H aw aii). N o t e : Common control Glendale Federal Building, 9454 Wilshire Secretary. may be involved. I f a hearing is deemed Boulevard, Beverly Hills, CA 90212. Au­ . [FR Doc.71-12899 FUed 9-l-71;8:51 am] necessary, applicant requests it be held thority sought to operate as a contract at Elmira, N.Y., or Corning, N.Y. carrier, by motor vehicle, over irregular [Notice 357] No. MC 135844 (Sub-No. 1), filed routes, transporting: (1) Fabric and pre­ July 29, 1971. Applicant: CHARLES W. fabricated iron or steel articles; (2) iron MOTOR CARRIER TEMPORARY BENNETT, 10409 Forest Avenue, Fairfax, or steel articles; (3) materials, equip-) AUTHORITY APPLICATIONS VA 22030. Authority sought to operate ment, and supplies ordinarily used by A u g u s t 27,1971. as a common carrier, by motor vehicle, structural steel erecting contractors and over regular routes, transporting: Pas­ builders; (4) return with returned com­ The following are notices of filing of sengers only, between the city of Fairfax, modities; and (5) commodities otherwise applications for temporary authority un­ Va., and Calvert Cliffs, Md., from Fair­ exempt under section 203(b)(6) of the der section 210(a) of the Interstate Com­ fax over Virginia Highway 236 to the Act when moved with commodities in merce Act provided for under the new junction of Interstate Highway 495, (4) above, from points in Los Angeles rules of Ex Parte No. MC-67 (49 CFR thence over Interstate Highway 495 to and Orange Counties, Calif., to points in Part 1131), published in the F e d e r a l junction Maryland Highway 4, thence Arizona, California, Idaho, Montana, Ne­ R eg ister , issue of April 27, 1965, effec- over Maryland Highway 4 to Calvert vada, Oregon, and Washington. tive July 1,1965. These rules provide that protests to the granting of an application Cliffs, and return over the same route, By the Commission. serving the intermediate points of An- must be filed with the field official named nandale, Springfield, and Alexandria, [ s e a l ] R obert L. O s w a l d , in the F ederal R egister publication, Va., and Forestville, Md. Restriction: Secretary. within 15 calendar days after the date Applicant states that the proposed op­ [FR Doc. 71-12796 Filed 9-1-71:8:45 am ] of notice of the filing of the application

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17613

is published in the F ederal R eg ist e r . One bell Building, Des Moines, Iowa. Author­ No. MC-FC-73111. By application filed copy of such protests must be served on ity sought to operate as a contract car­ August 16, 1971, RICHMOND TRANS­ the applicant, or its authorized repre­ rier, by motor vehicle, over irregular FER, INC., Post Office Box 86, Excelsior sentative, if any, and the protests must routes, transporting: Plastic pipe or tile, Springs, MO 64024, seeks temporary au­ certify that such service has been made. and plastic fittings, from Mankato, thority to lease the operating rights of The protests must be specified as to the Minn., to points in Iowa and Wisconsin, BEST TRUCK LINES, INC., 631 Santa service which such protestant can and for 180 days. Supporting Shipper: Na­ Fe, Kansas City, MO 64101, under section will offer, and must consist of a signed tional Poly Products, Division of North­ 210a(b). The transfer to RICHMOND original and six copies. ern Petrochemical Co., 2111 Third Ave­ TRANSFER, INC., of the operating A copy of the application is on file, nue, Mankato, MN 56001. Send protests rights of BEST TRUCK LINES, INC., is and can be examined at the Office of the to: Ellis L. Annett, District Supervisor, presently pending. Secretary, Interstate Commerce Com­ Bureau of Operations, Interstate Com­ By the Commission. mission, Washington, D.C., and also in merce Commission, 677 Federal Building, field office to which protests are to be Des Moines, Iowa. [ s e a l ] R obert L. O s w a l d , transmitted. No. MC 135899 TA, filed , Secretary. M otor C arriers o f P r o p e r t y 1971. Applicant: HOWARD S. CULVER, [FR Doc.71-12804 Filed 9-l-71;8:50 am ] No. MC 129397 (Sub-No. 4 TA ) (Cor­ Post Office Box 135, Hebron, MD 21830. rection), filed July 26, 1971, published Applicant’s representative: F. D. Ham­ [Notice 743] Federal R egister, issue of August 6, mond, Post Office Box 53, Dover, DE 1971,'corrected and republished as cor­ 19901. Authority sought to operate as a MOTOR CARRIER TRANSFER rected this issue. Applicant: W ILLIAM contract carrier, by motor vehicle, over E. SWIFT, doing business as SW IFT irregular routes, transporting: Prefabri­ PROCEEDINGS cated buildings, from the plantsite of TRANSPORTATION CO., Post Office A u g u s t 30,1971. Delmarva Modular Housing Corp. at or Box 6173, 4833 West Louver Buckeye Synopses of orders entered pursuant Road, Phoenix, AZ 85005. Applicant’s near Salisbury, Md., to points in Mary­ land, Delaware, and Virginia, for 180 to section 212(b) of the Interstate Com­ representative: Ernest. D. Salm, 3846 merce Act, and rules and regulations pre­ Evans Street, Los Angeles, CA 90027. days. Supporting shipper: Delmarva Modular Housing Corp., Post Office Box scribed thereunder (49 CFR Part 1132), Authority sought to operate as a con­ appear below: tract carrier, by motor vehicle, over ir­ 2389, Salisbury, MD 21801. Send pro­ regular routes, transporting: Printing tests to: Robert D. Caldwell, District As provided in the Commission’s gen­ paper, other than newsprint, from Zee, Supervisor, Interstate Commerce Com­ eral rules of practice any interested per­ La., and Pasadena, Tex., to Phoenix, mission, Bureau of Operations, 12th and son may file a petition seeking reconsid­ Ariz., for 180 days. N o t e : The purpose Constitution Avenue NW., Washington, eration of the following numbered pro­ of this republication is to (1) redescribe DC 20423. ceedings within 30 days from the date of service of the order. Pursuant to section the authority sought, (2) reflect the M otor C arrier o f P asseng er s contract number as MC 129397 Sub 4 17(8) of the Interstate Commerce Act, TA, in lieu of 135405 Sub 1 TA, shown No. MC 78734 (Sub-No. 12 T A ), filed the filing of such a petition will postpone erroneously in previous publication, and August 18, 1971. Applicant: THE CON­ the effective date of the order in that (3) reflect operations as that of a con­ NECTICUT COMPANY, 53 Vernon proceeding pending its disposition. The tract carrier in lieu of common carrier. Street, Hartford, CT 06106. Applicant’s matters relied upon by petitioners must Supporting shipper: W. A. Krueger Co., representative: Thomas W. Murrett, 342 be specified in their petitions with 2802 West Palm Lane, Phoenix, AZ North Main Street, West Hartford, CT particularity. 85009. Send protests to: Andrew V. 06117. Authority sought to operate as a No. MC-FC-72863. By order of Au­ Baylor, District Supervisor, Interstate common carrier, by motor vehicle, over gust 24, 1971, Division 3, acting as an Commerce Commission, Bureau of Op­ irregular routes, transporting: Passen­ Appellate Division, approved the trans­ erations, Room 3427, Federal Building, gers, and their baggage in the same fer to Colorado-Oklahoma Express, Inc., 230 North First Avenue, Phoenix, AZ vehicle with passengers, in round-trip Denver, Colo., of the operating rights in 85025. special operations, beginning and end­ certificates No. MC-21170 (Sub-No. 201) ing at Hartford and New Haven, Conn., No. MC 133055 (Sub-No. 2 T A ), filed and MC-21170 (Sub-No. 242), issued and extending to the site of Schaefer November 25, 1969, and October 18, 1968, August 18, 1971. Applicant: SAM GOR­ Stadium, Foxboro, Mass., for 180 days. DON, doing business as S. G. TRUCK­ respectively to Bos Lines, Inc., Marshall­ Supported by: There are approximately town, Iowa, authorizing the transporta­ ING, 4167 Whiteside, Los Angeles, CA 16 affidavits attached to this application 90063. Applicant’s representative: Er­ tion of meats, meat products, and meat whose names and addresses may be ob­ byproducts, and articles distributed by nest D. Salm, 3846 Evans Street, Los tained from the Hartford field office if Angeles, CA 90027. Authority sought to meat packinghouses, as defined by the necessary. Send protests to: District Commission, from plantsites and ware­ operate as a common carrier, by motor Supervisor, David J. Kieman, Bureau of vehicle, over irregular routes, transport­ houses at or hear Sterling, and Fort Operations, Interstate Commerce Com­ Morgan, Colo., to points in Connecticut, ing: Gypsum umllboard, from Apex, Nev., mission, 324 U.S. Post Office Building, Delaware, Maryland, Massachusetts, to points in Los Angeles, Orange, River­ 135 High Street, Hartford, CT 06101. side, San Bernardino, San Diego, and New Jersey, New York, Ohio, Penn­ Ventura Counties, Calif., for 180 days. By tiie Commission. sylvania, Rhode Island, West Virginia, Virginia, and the District of Columbia, Supporting shipper: Johns-Man ville [ s e a l ] R o bert L. O s w a l d , Cwp., 22 East 40th Street, New York, Secretary. and from Guyman, Okla., to points in NY 10016. Send protests to: District Su­ Connecticut, Delaware, Illinois, Indiana, pervisor Philip Yallowitz, Interstate [FR Doc.71-12897 Filed 9-l-71;8:51 am ] Kentucky, Maine, Maryland, Massachu­ Commerce Commission, Bureau of Oper­ setts, Michigan, New Hampshire, New ations, Room 7708 Federal Building, 300 [Notice 742-A] Jersey, New York, Ohio, Pennsylvania, North Los Angeles Street, Los Angeles, Rhode Island, Vermont, Virginia, West CA 90012. MOTOR CARRIER TRANSFER Virginia, and the District of Columbia. PROCEEDINGS Robert E. Konchar, Suite 315, Commerce No. MC 135599 (Sub-No. 1 T A ), filed Exchange Building, 2720 First Avenue A u g u s t 27,1971. August 19, 1971. Applicant: GLENN NE., Cedar Rapids, IA, 52402, attorney WITTENBERG, doing business as W IT ­ Application filed for temporary au­ for applicants. TENBERG TRUCK LINE, Post Office thority under section 210a(b) in connec­ tion with transfer application under sec­ [ s e a l ] R o bert L. O s w a l d , Box 98, Readlyn, IA 50668. Applicant’s tion 212(b) and Transfer rules, 49 CFR Secretary. representative: Larry D. Knox, 900 Hub- Part 1132: [FR Doc.71-12898 Filed 9-1-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 17614 NOTICES

[Rev. S.O. 994; ICC Order 57, Arndt 3] Notice is hereby given that I have con­ isfaction that the circumstances regard­ sidered James Floyd Bixler’s application ing the conviction and the applicant’s PENN CENTRAL TRANSPORTATION and: record and reputation are such that the CO. applicant will not be likely to act in a (1) I have found that the conviction manner dangerous to public safety, and Rerouting or Diversion of Traffic was made upon a charge which did not that the granting of the relief would not involve the use of a firearm or other Upon further consideration of ICC be contrary to the public interest^ weapon or a violation of chapter 44, title Therefore, pursuant to the authority Order No. 57 (Penn Central Transporta­ 18, United States Code, or of the National tion Co., George P. Baker, Richard C. vested in the Secretary of the Treasury Firearms Act; and by section 925(c), title, 18, United States Bond, Jervis Langdon, Jr., and Willard (2) It has been established to my sat­ Wirtz, Trustees), and good cause ap­ Code and delegated to me by 26 CFR isfaction that the circumstances regard­ 178.144 : I t is ordered, That Frank J. Cas­ pearing therefor: ing the conviction and the applicant’s I t is ordered, That: sar be, and he hereby is, granted relief record and reputation are such that the from any and all disabilities imposed by ICC Order No. 57 be, and it is hereby, applicant will not be likely to act in a Federal laws with respect to the acquisi­ amended by substituting the following manner dangerous to public safety, and tion, receipt, transfer, shipment, or pos­ paragraph (g) for paragraph (g) that the granting of the relief would not session of firearms and incurred by rea­ thereof: be contrary to the public interest. son of the conviction hereinabove (g) Expiration date. This order shall Therefore, pursuant to the authority described. expire at 11:59 p.m.( September 30, 1971, vested in the Secretary of the Treasury unless otherwise modified, changed, or by section 925(c), title 18, United States Signed at Washington, D.C., this 25th suspended. Code and delegated to me by 26 CFR day of August 1971. I t is further ordered, That this amend­ 178.144: I t is ordered, That James Floyd [ s e a l ] J o h n n ie M. W alters, ment shall become effective at 11:59 p.m., Bixler be, and he hereby is, granted relief Commissioner of Internal Revenue. August 31,1971, and that this order shall from any and all disabilities imposed by [FR Doc.71-12936 Filed 9-1-71; 8:55 am] be served upon the Association of Amer­ Federal laws with respect to the acquisi­ ican Railroads, Car Service Division, as tion, receipt, transfer, shipment, or pos­ agent of all railroads subscribing to the session of firearms and incurred by rea­ HERBERT W. DANCE, JR. car service and car hire agreement under son of the conviction hereinabove the terms of that agreement, and upon described. Notice of Granting of Relief the American Short Line Railroad Asso­ Signed at Washington, D.C., this 26th Notice is hereby given that Herbert ciation; and that it be filed with the Di­ day of August 1971. W. Dance, Jr., 2133 Oak Lane, Apartment rector, Office of the Federal Register. No. 3, Petersburg, VA, has applied for [ s e a l ] J o h n n ie M. W a lter s, relief from disabilities imposed by Fed­ Issued at Washington, D.C., August 27, Commissioner of Internal Revenue. 1971. eral laws with respect to the acquisition, I nt e r st a t e C o m m e r c e [FR Doc.71-12935 Filed 9-l-71;8:55 am] receipt, transfer, shipment, or posses­ C o m m is s io n , sion of firearms incurred by reason of [ s e a l ] R. D. P f a h le r , his conviction on May 27, 1970, in the FRANK J. CASSAR Circuit Court of the County of Chester­ Agent. /' ■ ■** v *• • ■ ' \ . • w * [P R Doc.71-12900 Piled 9-1-71; 8:51 am] Notice of Granting of Relief field, Chesterfield, Va., of a crime pun­ ishable by imprisonment for a term ex­ Notice is hereby given that Frank J. ceeding 1 year. Unless relief is granted, Cassar, 14292 Hubbell, Livonia, MI, has it will be unlawful for Herbert W. Dance, applied for relief from disabilities im­ because of such conviction, to ship, DEPARTMENT OF THE TREASURY posed by Federal laws with respect to the transport, or receive in interstate or for­ acquisition, receipt, transfer, shipment, eign commerce any firearm or ammuni­ Internal Revenue Service or possession of firearms incurred by rea­ tion, and he would be ineligible for a JAMES FLOYD BIXLER son of his conviction on March 16, 1961, license under chapter 44, title 18, United in the Recorder’s Court of the City of States Code as a firearms or ammunition Notice of Granting of Relief Detroit, State of Michigan, of a crime importer, manufacturer, dealer, or col­ punishable by imprisonment for a term Notice is hereby given that James lector. In addition, under title VH of exceeding 1 year. Unless relief is granted, Floyd Bixler, 1119 South Sixth Avenue, the Omnibus Crime Control and Safe it will be unlawful for Frank J. Cassar Yakima, WA, has applied for relief from Streets Act of 1968, as amended (82 Stat. because of such conviction, to ship, disabilities imposed by Federal laws with 236; 18 U.S.C., Appendix), because of transport or receive in interstate or for­ respect to the acquisition, receipt, trans­ such conviction, it would be unlawful for eign commerce any firearm or ammuni­ fer, shipment, or possession of firearms Herbert W. Dance to receive, possess, or tion, and he would be ineligible for a li­ incurred by reason of his conviction on transport in commerce or affecting com­ cense under chapter 44, title, 18, United May 12, 1947, in the Superior Court of merce, any firearm. States Code as a firearms or ammunition Notice is hereby given that I have con­ the State of Washington, in and for Yaki­ importer, manufacturer, dealer, or col­ ma County, of a crime punishable by sidered Herbert W. Dance’s application lector. In addition, under title V II of the imprisonment fo r a term exceeding 1 and: Omnibus Crime Control and Safe Streets year. Unless relief is granted, it will be Act of 1968, as amended (82 Stat. 236; 18 (1) I have found that the conviction unlawful for James Floyd Bixler because U.S.C., Appendix) , because of such con­ was made upon a charge which did not of such conviction, to ship, transport, or viction, it would be unlawful for Frank J. involve the use of a firearm or other receive in interstate or foreign commerce Cassar to receive, possess, or transport in weapon or a violation of chapter 44, title any firearm or ammunition, and he commerce or affecting commerce, any 18, United States Code, or of the Na­ would be ineligible for a license under firearm. tional Firearms Act; and chapter 44, title 18, United States Code (2) It has been established to my as a firearms or ammunition importer, Notice is hereby given that I have con­ satisfaction that the circumstances re­ sidered Frank J. Cassar’s application manufacturer, dealer, or collector. In ad­ garding the conviction and the a p p li- and: dition, under title V II of the Omnibus cant’s record and reputation are su ch Crime Control and Safe Streets Act of (1) I have found that the conviction that the applicant will not be likely to 1968, as amended (82 Stat. 236; 18 U.S.C., was made upon a charge which did not act in a manner dangerous to p u b lic Appendix), because of such conviction, involve the use of a firearm or other safety, and that the granting of the re­ it would be unlawful for James Floyd weapon or a violation of chapter 44, title lief would not be contrary to the p u b lic Bixler to receive, possess, or transport in 18, United States Code, or of the National interest commerce or affecting commerce, any Firearms Act; and Therefore, pursuant to the authority firearm. (2) It has been established to my sat­ vested in the Secretary of the Treasury

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17615

by section 925(c), title 18, United States son of the conviction hereinabove ARTHUR LEE LUTZ Code and delegated to me by 26 CFR described. ' 178.144: It is ordered, That Herbert W. Notice of Granting of Relief Signed at Washington, D.C., this 25th Dance be, and he hereby is, granted re­ day of August 1971. Notice is hereby given that Arthur Lee lief from any and all disabilities imposed Lutz, Yellowcreek Road, Rural Delivery by Federal laws with respect to the ac­ [ s e a l ] J o h n n ie M . W a lter s, No. 1, Harmony, PA, has applied for re­ quisition, receipt, transfer, shipment, or Commissioner of Internal Revenue, lief from disabilities imposed by Federal possession of firearms and incurred by [FR Doc.71-12934 Filed 9-1-71:8:54 am] laws with respect to the acquisition, re­ reason of the conviction hereinabove ceipt, transfer, shipment, or possession described. of firearms incurred by reason of his Signed at Washington, D.C., this 20th WILLIAM DEXTER JOHNSON conviction on or about June 11, 1968, by day of August 1971. Notice of Granting of Relief the Criminal Court of Beaver County, Pa., of a crime punishable by imprison­ [ seal] J o h n n ie M . W alter s, Notice is hereby given that William Commissioner of Internal Revenue. ment for a term exceeding 1 year. Unless Dexter Johnson, 1057 Poquonnock Road, relief is granted, it will be unlawful for [PR Doc.71-12933 Filed 9-l-71;8:54 am ] Groton, CT, has applied for relief from Arthur Lee Lutz because of such convic­ disabilities imposed by Federal laws with tion, to ship, transport, or receive in in­ respect to the acquisition, receipt, trans­ terstate or foreign commerce any fire­ PAUL HERBERT ELLIS fer, shipment, or possession of firearms, arm ammunition, and he would be in­ Notice of Granting of Relief incurred by reason of his conviction on eligible for a license under chapter 44, June 19, 1957, in the Superior Court of title 18, United States Code as a firearms Notice is hereby given that Paul Her­ New , Conn., of a crime punish­ or ammunition importer, manufacturer, bert Ellis, 13852 Dennis Lane, Farmers able by imprisonment for a term exceed­ dealer, or collector. In addition, under Branch, T X has applied for relief from ing 1 year. Unless relief is granted, it title V n of the Omnibus Crime Control disabilities imposed by Federal laws'with will be unlawful for William Dexter and Safe Streets Act of 1968, as amended respect to the acquisition, receipt, trans­ Johnson, because of such conviction, to (82 Stat. 236; 18 U.S.C., Appendix), be­ fer, shipment, or possession of firearms ship, transport or receive in interstate cause of such conviction, it would be un­ incurred by reason of his conviction on or foreign commerce any firearm or am­ lawful for Arthur Lee Lutz to receive, or about July 20, 1948, by the Saginaw munition, and he would be ineligible for possess, or transport in commerce of a f­ County Circuit Court, Saginaw, Mich., of a license under chapter 44, title 18, fecting commerce, any firearm. a crime punishable by imprisonment for United States Code as a firearms or Notice is hereby given that I have con­ a term exceeding 1 year. Unless relief is ammunition importer, manufacturer, sidered Arthur Lee Lutz’ application granted, it will be unlawful for Paul dealer or collector. In addition, under and: Herbert Ellis because of such conviction, title VH of the Omnibus Crime Control (1) I have found that the conviction to ship, transport, or receive in inter­ and Safe Streets Act of 1968, as amended was made upon a charge which did not state or foreign commerce any firearm (82 Stat. 236; 18-U.S.C., Appendix), be­ involve the use of a firearm or other or ammunition, and he would be ineligi­ cause of such conviction, it would be weapon or a violation of chapter 44, title ble for a license under chapter 44, title unlawful for William Dexter Johnson 18, United States Code, or of the Na­ 18, United States Code as a firearms or to receive, possess, or transport in tional Firearms Act; and ammunition importer, manufacturer, commerce or affecting commerce, any (? ) It has been established to my satis­ dealer, or collector. In .addition, under firearm. faction that the circumstances regard­ title VH of the Omnibus Crime Control Notice is hereby given that I have con­ ing the conviction and the applicant’s and Safe Streets Act of 1968, as amended sidered William Dexter Johnson’s appli­ record and reputation are such that the (82 Stat. 236; 18 U.S.C., Appendix), be­ cation and: applicant will not be likely to act in a cause of such conviction, it would be un­ (1) I have found that the conviction manner dangerous to public safety, and lawful for Paul Herbert Ellis to receive, was made upon a charge which did not that the granting of the relief would not possess, or transport in commerce or af­ involve the use of a firearm or other be contrary to the public interest. fecting commerce, any firearm. weapon or a violation of chapter 44, title Notice is hereby given that I have con­ 18, United States Code, or of the Na­ Therefore, pursuant to the authority sidered Paul Herbert Ellis’ application tional Firearms Act; and vested in the Secretary of the Treasury and: by section 925(c), title 18, United States (2) It has been established to my sat­ Code and delegated to me by 26 CFR (1) I have found that the conviction isfaction that the circumstances regard­ 178.144: It is ordered, That Arthur Lee was made upon a charge which did not ing the conviction and the applicant’s Lutz be, and he hereby is, granted relief involve the use of a firearm or other record and reputation are such that the from any and all disabilities imposed by applicant will not be likely to act in a weapon or a violation of chapter 44, title Federal laws with respect to the acquisi­ 18, United States Code, or of the Na­ manner dangerous to public safety, and tion, receipt, transfer, shipment, or pos­ tional Firearms Act; and that the granting of the relief would not session of firearms and incurred by rea­ be contrary to the public interest. Jp- K has been established to my sat­ son of the conviction hereinabove isfaction that the circumstances regard­ Therefore, pursuant to the authority described. ing the conviction and the applicant’s vested in the Secretary of the Treasury record and reputation are such that the by section 925(c), title 18, United States Signed at Washington, D.C. this 20th applicant will not be likely to act in a Code and delegated to me by 26 CFR day of August 1971. manner dangerous to public safety, and 178.144: I t is ordered, That William Dex­ [ s e a l ] J o h n n ie M . W a lt e r s , mat the granting of the relief would not ter Johnson be, and he hereby is, granted Commissioner of Internal Revenue. be contrary to the public interest. relief from any and all disabilities im­ [FR Doc.71-12932 Filed 9-l-71;8:54 am] Therefore, pursuant to the authority posed by Federal laws with respect to vested in the Secretary of the Treasury the acquisition, receipt, transfer, ship­ by section 925(c), title 18, United States ment, or possession of firearms and ACEY MOBLEY, JR. uode and delegated to me by 26 CFR incurred by reason of the conviction 178.144: It is ordered, That Paul Herbert hereinabove described. Notice of Granting of Relief "Uis be, and he hereby is, granted relief Signed at Washington, D.C., this 26th Notice is hereby given that Acey Mo­ rom any and all disabilities imposed by day of August 1971. bley, Jr., 624 Keystone Street, Waterloo, IA, has applied for relief from disabilities ederal laws with respect to the acquisi­ [ s e a l ] J o h n n ie M . W a lter s, tion, receipt, transfer, shipment, or pos­ Commissioner of Internal Revenue. imposed by Federal laws with respect to session of firearms and incurred by rea- the acquisition, receipt, transfer, ship­ [FR Doc.71-12925 Filed 9-1-71;8:54 am ] ment, or possession of firearms incurred

No. 171------Q FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17616 NOTICES by reason of his convictions on May 2, imprisonment for a term exceeding 1 under title V II of the Omnibus Crime 1957, September 6, 1961, and February year. Unless relief is granted, it will be Control and Safe Streets Act of 1968, as 26, 1965, in the Shelby County, Tenn., unlawful for James L. Mower because of amended (82 Stat. 236; 18 U.S.C., Appen­ Circuit Court; on May 1, 1958, in the such convictions, to ship, transport, or dix) , because of such conviction, it would Kankakee, HI., District Court; and on receive in interstate or foreign commerce be unlawful for Arthur William Novarro , 1962, in the Waterloo, any firearm or ammunition, and he would to receive, possess, or transport in com­ Iowa, District Court, of crimes' punish­ be ineligible for a license under chapter merce or affecting commerce, any fire­ able by imprisonment for a term exceed­ 44, title 18, United States Code, as a arm. ing 1 year. Unless relief is granted, it will firearms or ammunition importer, manu­ Notice is hereby given that I have con­ be unlawful for Acey Mobley, Jr., be­ facturer, dealer, or collector. In addition, sidered Arthur William Novarro’s appli­ cause of such convictions, to ship, trans­ under title V II of the Omnibus Crime cation and: port, or receive in interstate or foreign Control and Safe Streets Act of 1968, (1) I have found that the conviction commerce any firearm or ammunition, as amended (82 Stat. 236; 18 U.S.C., Ap­ was made-upon a charge which did not and he would be ineligible for a license pendix), because of such convictions, it involve the use of a firearm or other under chapter 44, title 18, United States would be unlawful for James L. Mower weapon or a violation of chapter 44, title Code, as a firearms or ammunition im­ to receive, possess, or transport in com­ 18, United States Code, or of the National porter, manufacturer, dealer or collector. merce or affecting commerce, any Firearms Act; and In addition, under title V II of the Om­ firearm. (2) It has been established to my sat­ nibus Crime Control and Safe Streets Notice is hereby given that I have con­ isfaction that the circumstances regard­ Act of 1968, as amended (82 Stat. 236; sidered James L. Mower’s application ing the conviction and the applicant’s 18 U.S.C., Appendix), because of. such and: record and reputation are such that the convictions, it would be unlawful for (1) I have found that the convictions applicant will not be likely to act in a Acey Mobley, Jr., to received, possess, or were made upon charges which did not manner dangerous to public safety, and transport in commerce or affecting involve the use of a firearm or other that the granting of the relief would not commerce, any firearm. weapon or a violation of chapter 44, title be contrary to the public interest. Notice is hereby given that I have con­ 18, United States Code, or of the National Therefore, pursuant to the authority sidered Acey Mobley, Jr.’s application Firearms Act; and vested in the Secretary of the Treasury and: (2) It has been established to my sat­ by section 925(c), title 18, United States (1) I have found that the convictions isfaction that the circumstances regard­ Code and delegated to me by 26 CFR were made upon charges which did not ing the convictions and the applicant’s 178.144: It is ordered, That Arthur Wil­ involve the use of a firearm or other record and reputation are such that the liam Novarro be, and he hereby is, weapon or a violation of chapter 44, title applicant will not be likely to act in a granted relief from any and all disabili­ 18, United States Code, or of the Nation­ manner dangerous to public safety, and ties imposed by Federal laws with respect al Firearms Act; and that the granting 6f the relief would not to the acquisition, receipt, transfer, ship­ (2) It has been established to my satis­ be cbntrary to the public interest. ment, or possession of firearms and in­ faction that the circumstances regarding Therefore, pursuant to the authority curred by reason of the conviction here­ the convictions and the applicant’s rec­ vested in the Secretary of the Treasury inabove described. ord and reputation are such that the ap­ by section 925(c); title 18, United States Signed at Washington, D.C., this 25th plicant will not be likely to act in a Code and delegated to me by 26 CFR day of August 1971* manner dangerous to public safety, and 178.144: It is ordered, That James L. Mower be, and he hereby is, granted re­ [ s e a l ] J o h n n ie M . W alters, that the granting of the relief would not Commissioner of Internal Revenue. be contrary to the public interest. lief from any and all disabilities imposed Therefore, pursuant to the authority by Federal laws with respect to the ac­ [FR Doc.71-12929 Filed 9-l-71;8:54 am] vested in the Secretary of the Treasury quisition, receipt, transfer, shipment, or possession of firearms and incurred by by section 925(c), title 18, United States CASPER J. REGINO Code and delegated to me by 26 CFR reason of the convictions hereinabove 178.144: I t is ordered, That Acey Mobley, described. Notice of Granting of Relief Jr., be, and he hereby is, granted relief Signed at Washington, D.C., this 20th Notice is hereby given that Casper J. from any and all disabilities imposed day of August 1971. by Federal laws with respect to the ac­ Regino, 3710 San Bernardo, Laredo, TX, quisition, receipt, transfer, shipment, or [ s e a l ] J o h n n ie M . W a lter s, has applied for relief from disabilities possession of firearms and incurred by Commissioner of Internal Revenue. imposed by Federal laws with respect to the acquisition, receipt, transfer, ship­ reason of the convictions hereinabove [FR Doc.71-12930 Filed 9-1-71;8:54 am] described. ment, or possession of firearms incurred by reason of his conviction on Octo­ Signed at Washington, D.C., this 25th ARTHUR WILLIAM NOVARRO ber 28, 1953, in the U.S. District Court, day of August 1971. Western Division, Del Rio, Tex., of a Notice of Granting of Relief [ s e a l ] J o h n n ie M . W alter s, crime punishable by imprisonment for a Commissioner of Internal Revenue. Notice is hereby given that Arthur W il­ term exceeding 1 year. Unless relief is granted, it will be unlawful for Casper J. [FR Doc.71-12931 Filed 9-1-71; 8:54 am } liam Novarro, 80 Fowler Street, Clinton, CT, has applied for relief from disabili­ Regino because of such conviction, to ties imposed by Federal laws with respect ship, transport or receive in interstate or JAMES L. MOWER to the acquisition, receipt, transfer, ship­ foreign commerce any firearm or am­ ment, or possession of firearms incurred munition, and he would be ineligible for Notice of Granting of Relief by reason of his conviction on May 3, a license under chapter 44, title 18, Notice is hereby given that James L. 1967, by a General Court-Martial con­ United States Code as a firearms or ammunition importer, manufacturer, Mower, 1224 West Seventh Street, South, vened at Headquarters Third Air Force Salt Lake City, UT, has applied for re­ (USAFE), of a crime punishable by im­ dealer, or collector. In addition, under lief from disabilities imposed by Federal prisonment for a term exceeding 1 year. Title V II of the Omnibus Crime Control laws with respect to the acquisition, re­ Unless relief is granted, it will be unlaw­ and Safe Streets Act of 1968, as amended ceipt, transfer, shipment, or, possession ful for Arthur William Novarro because (82 Stat. 236; 18 U.S.C. Appendix), be­ of firearms incurred by reason of his of such conviction, to ship, transport, or cause of such conviction, it would be convictions on November 24, 1964, in the receive in interstate or foreign commerce unlawful for Casper J. Regino to receive, Sixth District Court in and for the any firearm or ammunition, and he would possess, or transport in commerce or af­ County of San Pete, State of Utah, and be ineligible for a license under chapter fecting commerce, any firearm._ July 19, 1968, in the Fourth District 44, title 18, United States Code as a fire­ Notice is hereby given that I have con­ Court in and for the County of Utah, arms or ammunition importer, manu­ sidered Casper J. Regino’s application State of Utah, of crimes punishable by facturer, dealer, or collector. In addition, and:

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17617

(1) I have found that the conviction (2) It has been established to my sat- Therefore, pursuant to the authority was made upon a charge which did not i$£a®fcion that the circumstances regard­ vested in the Secretary of the Treasury involve the use of a firearm or other ing the conviction and the applicant’s by section 925(c), title 18, United States weapon or a violation of chapter 44, title record and reputation are such that the Code and delegated to me by 26 CFR 18, United States Code, or of the National applicant will not be likely to act in a 178.144: I t is ordered, That Tard Walker Firearms Act; and manner dangerous to public safety, and be, and he hereby is, granted relief from (2) It has been established to my sat­ that the granting of the relief would not any and all disabilities imposed by Fed­ isfaction that the circumstances regard­ be contrary to the public interest. eral laws with respect to the acquisition, ing the conviction and the applicant’s Therefore, pursuant to the authority receipt, transfer, shipment, or posses­ record and reputation are such that the vested in the Secretary of the Treasury sion of firearms and incurred by reason applicant will not be likely to act in a by section 925(c), title 18, United States of the conviction hereinabove described. manner dangerous to public safety, and Code and delegated to me by 26 CFR that the granting of the relief would not Signed at Washington, D.C., this 26th 178.144: It is ordered, That Gennaro P. day of August 1971. be contrary to the public interest. Rongo be, and he hereby is, granted re­ Therefore, pursuant to the authority lief from any and all disabilities imposed [ s e a l ] J o h n n ie M . W a lt e r s, vested in the Secretary of the Treasury by Federal laws with respect to the ac­ Commissioner of Internal Revenue. by section 925(c), title 18, United States quisition, receipt, transfer, shipment, or [FR Doc.71-12926 Filed 9-1-71:8:54 am] Code and delegated to me by 26 CFR possession of firearms and incurred by 178.144: It is ordered,,- That Casper J. reason of the conviction hereinabove Regino be, and he hereby is, granted described. relief from any and all disabilities im­ posed by Federal laws with respect to Signed at Washington, D.C., this 25th ENVIRONMENTAL PROTECTION the acquisition, receipt, transfer, ship­ day of August 1971. ment, or possession of firearms and in­ [ s e a l ] J o h n n ie M . W a lt e r s, AGENCY curred by reason of the conviction Commissioner of Internal Revenue. hereinabove described. NOISE ABATEMENT [FR Doc.71-12927 Filed 9-1-71:8:54 am] Signed at Washington, D.C., this 25th Notice of Availability of Public day of August 1971. Hearings Transcripts TARD WALKER [ seal] J o h n n ie M . W a lt e r s, Transcripts of public hearings on the Commissioner of Internal Revenue. Notice of Granting of Relief general subject of noise abatement and [FR Doc.71-12928 Filed 9-1-71:8:54 am] control authorized under title TV, sec­ Notice is hereby given that Tard tion 402(b), Noise Pollution and Abate­ Walker, 207 South 13th Street, Saginaw, MI, has applied for relief from disabil­ ment Act of 1970, Public Law 91-604, GENNARO P. RONGO ities imposed by Federal laws with re­ December 31,-1970 are available for pub­ Notice of Granting of Relief spect to the acquisition, receipt, transfer, lic examination in the reading room of shipment, or possession of firearms in­ the Office of Noise Abatement and Con­ Notice is hereby given that Gennaro P. curred by reason of his conviction on trol, The Environmental Protection Rongo, 32-32 34th Street, Astoria, Long March 8, 1938, in the Coahoma County, Island, N.Y., has applied for relief from -Agency, 1835 K Street N W , Washing­ Miss., Circuit Court, of a crime punish­ ton, DC on the eighth floor. disabilities imposed by Federal laws with able by imprisonment for a term exceed­ respect to the acquisition, receipt, trans­ ing 1 year. Unless relief is granted, it will W il l ia m D. R tjckelshaus, fer, shipment, or possession of firearms be unlawful for Tard Walker because of Administrator. incurred by reason of his conviction on such conviction, to ship, transport, or re­ A u g u s t 27, 1971. or about April 24, 1946, in the New York ceive in interstate or foreign'commerce [FR Doc.71-12912 Filed 9-l-71;8:52 am ] County Court of General Sessions, New any firearm or ammunition, and he would York, of a crime punishable by imprison­ be ineligible for a license under chapter ment for a term exceeding 1 year. Unless 44, title 18, United States Code as a fire­ relief is granted, it will be unlawful for arms or ammunition importer, manu­ Gennaro P. Rongo because of such con­ facturer, dealer or collector. In addition, DEPARTMENT OF AGRICULTURE viction, to ship, transport or receive in under title V II of the Omnibus Crime Federal Crop Insurance Corporation interstate or. foreign commerce any fire­ Control and Safe Streets Act of 1968, as arm or ammunition, and he would be amended (82 Stat. 236; 18 U.S.C., Ap­ [Notice 58] ineligible for a license under chapter 44, pendix), because of such conviction, it COLORADO AND KANSAS title 18, United States Code as a firearms would be unlawful for Tard Walker to or ammunition importer, manufacturer, receive, possess, or transport in com­ Applications for Wheat Crop dealer or collector. In addition, under merce or affecting commerce, any fire­ Insurance title VII of the Omnibus Crime Control arm. Pursuant to the authority contained ^.a^e Greets Act of 1968, as amended Notice is hereby given that I have con­ in § 401.103 of Title 7 of the Code of (82 Stat. 236; 18 U.S.C., Appendix), be­ sidered Tard Walker’s application and: Federal Regulations, the time for filing cause of such conviction, it would be un- (1) I have found that the conviction applications for wheat crop insurance awful for Gennaro P. Rongo to receive, was made upon a charge which did not for the 1972 crop year in all counties in possess, or transport in commerce or involve the use of a firearm or other Colorado and Kansas where such insur­ affecting commerce, any firearm. weapon or a violation of chapter 44, title ance is otherwise authorized to be offered Notice is hereby given that I have con­ 18/ United States Code, or of the Na­ is hereby extended until the close of busi­ tional Firearms Act; arid sidered Gennaro P. Rongo’s application ness on September 3,1971. Such applica­ and: (2) It has been established to my sat­ isfaction that the circumstances regard­ tions received during this period will be (1) I have found that the conviction accepted only after it is determined that was made upon a charge which did not ing the conviction and the applicant’s record and reputation are such that the no adverse selectivity will result. involve the use of a firearm or other applicant will not be likely to act in a weapon or a violation of chapter 44, title R ichard H . A s l a k s o n , manner dangerous to public safety, and Manager, Federal »United States Code, or of the National that the granting of the relief would Crop Insurance Corporation. Firearms Act; and not be contrary to the public interest. [FR Doc.71-12884 Filed 9-1-71;8:50 am ]

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17618 NOTICES FEDERAL COMMUNICATIONS COMMISSION MEXICAN STANDARD BROADCAST STATIONS Notification List A u g u s t . 24, 1971. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Mexican standard broadcast stations modifying the assignments of Mexican broadcast stations contained in the appendix to the recommenda­ tions of the North American Regional Broadcasting Agreement Engineering Meeting, January 30,1941.

Antenna Antenna Ground system Proposed date of Call letters Location Power watts radiation Schedule Class height ------change or com- mv/m/kw (feet) Number Length mencementof Radials (feet) operation

860 kHz X E Z R (daytime operation on 850 Zaragoza, Coahuila, 0.25...... DA-N N II k H z) (under construction— N . 28°29'00", change in directional antenna W. 100°54'00". parameters). # 1880 kHz X EE G (previously notified on Panzacola, Tlaxcala, 0.25N/1D...... DA-1 U III 1520 k H z ). N . 19°08'30", W . 98°12'00".

FC C Note: Notification of basic information for this change in a Notification List lished in a Memorandum of Understanding between the Delegations of the United has not been received as of this issue date. Supplementary information was trans- States and Mexico signed in Washington on November 27,1968. mitted in accordance with provisional procedures for exchange of notifications estab- F ederal C ommunications C o m m is s io n , [ s e a l ] W a lla c e E. J o h n s o n , Chief, Broadcast Bureau. [F R Doc.71-12790 Filed 9-1-71;8:45 am]

CANADIAN TELEVISION STATIONS MANITOBA

Table of Allocations for VHF and UHF City VHF Channel UHF Channel City VHF Channel UHF Channel N o . No. Television N o . N o.

August 25, 1971. A lton a...... ; ...... 79. Table of Canadian television channel Banff...... 51+. B eausejour...______66. allocations within 250 miles of the Can- Blairmore...... i,...... - ...... 57+. Birch River______1 3 + ...... ada-U.S.A. border. Brooks...... 66- , 7«. Boissevain______47+.- Burxnis...... S, 5— L i Brandon_____ .... ______4 + , 5 + ___ 19,36, 78. The table of Canadian Television Carberry...... 70. Channel Allocations set forth below is Calgary...... 2 + ,4 , 9 + 16, St, S8,44,60, 73+, 79. Carman...... 61. recapitulative and contains information Cardston...... 19+. Dauphin (Baldy 8,12— L 1. S3, 60; supplied by the Department of Commun­ Claresholm...... 68. Mountain). ications of Canada, pursuant to section Coronation______. . . 10------Fisher B ra n ch ...... 10+ L 8.. . 34. F of the Canadian-U.S.A. Television Drumheller...... — 18...,------SO. Foxwarren...... 11______.^. Agreement (TIAS 2594) . It reflects all Fort M a cL eo d ...______7 4 -. G im lk :...... : ...... W the additions, changes and deletions Hanna...... 7 8 -. K illarn ey...... 41+; . Lac du Bonnet...... 4 L*------... 76. notified to the Commission by the above H igh R iver______66 Innisfail...... 71. M elita.— ...... 9 + L ‘ ____ ... 76+.- date and supersede« previous lists issued Lacombe...... — ...... 15—; Minnedosa______... 49. by the Commission. Leth bridge...... 7,1 3 +.. 23+, 68- , Morden-Winkler.______... S9. Further additions, changes and dele­ 64+, 80. Neepawa...... ,. ------__37. tions, as reported to the Commission by Medicine Hat...... 6—, 8— 49, 65+, 71+; Portage la Prairie______... 18,68. O lds...... 81. R o b lin ...... 65+; the Canadian Department of Communi­ ... 63+; cations, will be issued from time to time. O yen______2— L 8.. R u ssel....______Pincher Creek------70. St. Boniface (see ...... C a n a d ia n -U .S .A . T e l e v is io n A g r e e m e n t P iv o t ...... 4 + L *.. W innipeg). Provost...... 2 4 -; Selkirk...... 7...... 64. TABLE OF ALLOCATIONS FOR VHF AND UHF Raymond....______36+. Steinbach______17. TELEVISION R ed Deer______6+ , 8+ . 3 1 -, 69, 66. Swan R ive r...... 77. R ocky Mountain 37. Virden______17+; (Listed by Province) House. Winnipeg-St. Boniface.. 3—, 6—, 7 +, 20+ , 86,36, 48,46,71, C a n a d a Stettler______67. 9 + , 13+. Taber...... 42+. 77+, 83. TABLE A Vulcan______35. L l Lim itation 200 kw . E R P 500 feet E H A A T to pro­ Offset Carrier Designators tect Channel 12+ at Wynyard, . Zero offset frequency L * Lim itation 200 kw. E R P 600 feet E H A A T to pro­ {ita lic). L 1 Limitation to protect CBUAT-3 Crawford Bay, + Plus 10 kc. tect CBWAT-5 Red Lake, . . — Minus 10 kc. L* Limitation to protect allocations at Dry den L* Limitation to protect CKSA-TV Lloydminster, Ontario, and Brandon, Manitoba. L—Limited Allocation. Saskatchewan and C H C T-TV Calgary, Alberta. L ‘ Limitations to protect Channel 9— at ® Revised to August 15, 1971. L 8 Limitation 18 dbk and 500 feet E H A A T . Saskatchewan, and Channel 9+ at Winnipeg, ManitoDa.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17619

BRITISH COLUMBIA QUEBEC

City VHF UHF City VHF Chan- UHF Chan­ City VHF Channel UHF Channel Channel No. Channel No. nel No. nel No. N o . N o.

Bonnington...... 13+. L »______Bathurst...... 64+, 83. A lm a ...... ______48+.74+.80-. Campbell River. 7 - _ ...... 49+. Buctouche...... ______27. Asbestos...... 53. Canal Flats...... It L 2______Bon Accord...... 6—...... Baie Comeau-Hauterive...... 28, 57+, 79+. Castlegar...... ------81+. Campbellton______7— L 2, It. S8, 78+. Bale St. Paul______76. 3 ._._...... 14+, 36+. Chilliwack.'------Caraquet______6i. Buckingham___ ,...... 80+ Clinton— ------9 + L 3. ______Chatham______62+. Cabano—...... 63+. Courtenay...... - 9 - L 8, IS_____ 79. C h ipm an ...... •_...... 67+. Chicoutimi-Arvida...... 2 + ,6 . 36, 58, 70, 7 6 -, 10.. 6 6 Cranbrook...... -. Dalhousie...... 60. 8 2 -. 5 L A ...... Crawford B a y ... Dorchester...... 18+. Clermont-La Malbaie...... 23+. Creston...... ------it. Edmundston______; IS______18, 68. Coaticook...... 7 5 -. Duncan---- —- ______61. Fredericton-St. John___ 9 + ______16, 45+, 61. Cowansville...... i. 79. ______Enderby...... 7t, 78. Grand Falls...... i L 2______to. Dolbeau...... 78— . Fernie___ -•------____ ,--- ...... 21+. M cA d a m ...... I ______7 1 -, 7 7 -. Donnacona...... ______...... 24+. Golden------6i. M illtown______88 Dorchester-County...... 6 L > „ Grand Forks---- ______67. Moncton______3,7,11___ 24+, SO, 70, 8S. Drummondville______19—, 41+. Hope..------...... 66. Newcastle______36. Estcourt______4 3 -. 4 + , 6 + L 8____ 50+, 74+, Kamloops...... 80. Oromocto. - ...... 2 1 -, 51—. Forestville—...... 77. Kelowna...... t, 5 - L 7______tl, 43+. Perth______37+. Fox R ive r...... 7 L 2...... 7 1-, Kimberley------Richibucto______4 0 -, G ra n b y .______73 -. Kinnaird------______63+. Sackville...... 58. H u ll (see , Kitimat...... ______tl. St. Andrews______82+. Ontario)...... Ladysmith...... S9. Saint John______4+. 17, tS, 39, 69, Jolliette______65+. Merritt______; ______20+. 78. Jonquiere-Kenogami___ 1 2 + .. li, 2 0 -, 3 0 -, Mission C ity----- ______8i. St. Leonard______50+. Mount Tim othy. 5 - ...... St. Quentin______. ______42—, LacMegantic______42+. Nanaimo______2 3 -, 63. St. Stephens______49—. L a T u q u e ...... 3— L 3.. Si, 66. Nelson...... ----- 3 + L 8, 9 L®___ U,tS. Salisbury______H. M a go g...... 81. Newcastle Ridge. 1 1 - , ...... ShediUc______36. Manicouagan...... 10______Shippegan______. Oliver...... 8______il. . 46 M arieville______4 L 4______Penticton___ ... 10, L 10, IS_____ 73, 79+. Sussex______48. Matane______6 + L 8, 9______ti, 49+. Port Alberni----- 3 + L « ...... 2 7+.71+. Tracadie______52. Mont Climont...... 11 Ifi...... Port Hardy. 8______Upsalquitch Lake (see ______Mont Joli...... — ...... Powell River______1 5 -, iS. Campbellton). Mont Laurier...... 3 + ______Prince Rupert. 6 + , 7______li. tO. Woodstock...______3 + L 3______55+. Mont Tremblant...... 11 L 7...... Princeton______...... 71. -Verdun...... 2, 6 + , 10, lt ... 35+, 66 17, SS, 39, Revelstoke.______+. 60, 76, 82. ______Rossland...... 19. L 1 Limitation 18 dbk and 500 feet E H A A T and toward M ontm agny...... 49, 67. Salmon A rm ----- 9 - L » . ______56+. Channel 7 CKRT^TV Riviere du Loup, Province ^ New Carlisle...... 5 ...... Ì7 + . Smithers...... ______S8. 0 Quebec. Perce______2 + L 8______15+. Squamish...... 35+. L 2 Limitation to protect CHSJ-TV St. John, New Plessisville...___ 61+'. Summerland___ ------•------i9. Port Alfred-Bagotville.. 9+ ...... 52+, 64+. Terrace______... S ______19. Brunswick, C F C M -T V , Quebec, Province of Quebec.* Quebec-Levis______4, 5—, 1 1+____ 1 5 -, tl, 37, j, Trail...... -'--¿v 11______36, 52+. and a cochannel allocation at Ste. Anne des Monts* 2 + , 8 + ______t6, St, i5, 66, 51+, 77+, -New 83+. Westminster. . 61, 72+, 83. Province of Quebec. L Limitation to protect Channel 5 CJBR-TV Rimouski...______3—______16, 61. Vernon...... 7 - . It L 23...... 18, 27. 3 Riviere du Loup ______7 + ...... 3 5 -, Victoria______. 6, 1 0+______it, 68, 7i, 80+. Rimouski, Province of Quebec. 71. Warfield______R o b e r v a l...... 8 +_-~*.-- 26+...... 25+. Ste. Agathe-des-Monts...... 56+. Williams Lake______21+. Ste. Anne des M o n t s . 4—...... Ste. Anne de la ...... -.66. Pocatiere. L< Limitation to protect CHBC-TV-1 Penticton, St. Felicien...... 72+. British Columbia. St. Georges de Beauce...... 79. L Limitation to protect CFCN-TV-1 Drumheller, 2 St. H yacinthe...... 47+. Alberta. • C ity VH F Channel UHF Channel St. Jean-IberviUe...... 70—. L Limitation to protect CHBC-TV-4 Salmon Arm, N o. No. 3 St. Jerome...... 78. British Columbia. Ste. Marguerite-Marie. _ 2— L®______L‘ Limitation of 8.9 kw. ERP, 493 feet EHAAT Sept Ile s ...... 1 1 -, 1 3 + _____ 20+. specified directional pattern, to protect K C T S Seattle, U, Am herst______------47,49. Shawinigan Falls...... 16+, 43, 63. Wash. Annapolis Royal. L81 kw. E R P and 100 feet E H A A T; -...... - ...... -- 4«- Sherbrooke...... 7, 9 L10— ...... 1 4 -, 30, 50. L8 Limitation to protect C H E K -TV , Victoria, British Antigonish______9...... 2 3 -. Sorel-Tracy______: ...... 25. Columbia. Bridgetown_____ ...... S9. Thetford Mines______------...... 32, 74, 80. Timiskaming...... 12— ______L To protect C F C R - T V Mount Timothy, British L 12 7 -6 Bridgewater..... 9 - L 2...... 54. Trois Pistoles...... 73. Columbia and C B U A T -3 Crawford Bay, British Caledonia______+ . — ...... — Columbia. 6 Trois Rivières_____ . . . . 13—______37,69+. L 8 Limitation to protect C J L H -T V -3 Burmis, Canning______10...... — Valleyfield ______26, 66+. Alberta. D igb y------.... ______5 2 -. Verdun (see M ontreal)...... Victoriaville...... ______-71+. L® Limitation 1.37 kw. E RP, 1400 feet E H A A T, to H alifax...... S,6,13 L 2_____ 22,32,38+, 63, protect K C F W -T V Kalispell, Mont. L1» Limitation to protect CBUBT Cranbrook, 74. British Columbia. K en tville______...... 76. L 2 Limitation to protect CHSJ-TV-1 Bon Accord, Lu To protect CBUT-2 Chilliwack, British Colum­ Liverpool______I t ...... 62. New Brunswick, CJPM-TV Chicoutimi, Province of bia. Lunenburg______------il. Quebec, CBMT Montreal, Province of Quebec, and W CSH-TV Portland, Maine. L >2 Limitation to protect CBUAT-1 Nelson, British M iddleton______60+ . Columbia. L 2 Limitation 63 watts, 850 feet EHAAT toward L13 Limitation to protect CBUBT-1 Canal Flats, New Glasgow___ 4 - L 3...... 15-,43,65. Channel 7— C K C D -TV Campbellton, New Brunswick. British Columbia. Parrsboro...... ______20+ . L 3 Limitation to protect CBFT-2 Mont Laurier, Pictou ______25. Quebec. L 8 Limitation to protect CB O T Ottawa, Ontario, and NORTHWEST TERRITORIES Sheet Harbour... 11+ L 8..... 35+. Shelburne______8...... 75. CFCM -TV Quebec, Province of Quebec. Springhill______...... 26. L 8 Limitation to protect CHSJ-TV-1 Bon Accord, City VH F Channel UH F Channel Tatamagouche___ ...... 49,77. New Brunswick and CJPM -TV Chicoutimi, Province N o. N o. T r u r o ...... 66,71. of Quebec. Windsor______------16+ . L 8 Limitation E R P 1.25 dbk E H A A T 732 feet with _Inuvik.__ W olfville...... 60. specified antenna pattern. Yarm outh______1 1 -, 3- L8-- 40. L 7 Limitation toward CKW S-TV Kingston, Ontario, and C B V T Quebec, Province of Quebec. PRINCE EDWARD ISLAND L 8 Limitation toward Channel 2— CHAU-TV-1 Ste. L> Lim itation-17.78 dbk and 500 feet E H A A T . Marguerite-Marie, Province of Quebec. L 2 Limitation to protect cochannel stations CBCT, L® Limitation toward Channel 2+ CKRS-TV-2 City VHF Channel UHF Channel Charlottetown, Prince Edward Island, and W M ED-TV, Chicoutimi, Province of Quebec. N o. N o. Calais, Maine. L 13 Limitation to protect CBOFT Ottawa, Ontario, L 3 Limitation to protect CHSJ-TV St. John, New and W M UR-TV Manchester, N.H. Assignment to be Charlottetown ...... 13+...... 31,37,81. Brunswick) and CJCB-TV Sydney, Nova Scotia. located no less than 170 miles from W M U R -T V Manches­ Sum m erside 67, 75+ L 8 Limitation to protect Channel 11CB AF T Moncton, ter, N .H . New Brunswick. L “ Limitation 18 dbk and 860 feet EH AAT and L 8 Limitation to protect C B H T Halifax, Nova Scotia. specified radiation pattern.

No. 171- FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER. 2, 1971 17620 NOTICES

SASKATCHEWAN On t a r i o — c o n tin u e d [Docket No. 19206; FCO 71R-262] BUNKER RAMO CORP. AND WESTERN C ity VHF Channel UHF Channel City V H F Channel UHF Channel N o . N o . N o . N o . UNION TELEGRAPH CO.

Assin iboia______61. OrlUla...... 2 4 -, 4 6 -. Memorandum Opinion and Order B iggar...... 41-3 O sh aw a..------. ------— 22+, 7 7 -. Broadview ______...... ÍÍ. Ottawa-Hull______4+, 9+, 13+ 14, t4, 30+, 40, Enlarging Issues Canora______...... 6 4 -; m. 46, 5 2 -, 68. Carlyle Lake_____ 7 + L ‘ ...... Owen Sound...... S6, St. In the matter of Bunker Ramo Cor­ Colgate____ . _____ It...... Parry Sound------6 2 -. Esterhazy______...... 83+3 Pem broke______6 + ------41,47, 5 3 -. poration, Oak Brook, 111, Complainant, Estevan______—'...... 40. Peterborough...... 1 2 + --...... 33+, 4 4 ,64- versus The Western Union Telegraph Eston______...... St. Picton______56. Fort Qu’Appelle...... 41■ P o rt Arthur (see Fort ------Co, New York, N .Y, Defendant. Gravelbourg_____ ...... 39-s W illiam ). Greenwater Lake. 4 L2...... Prescott...... 48. 1. Presently before the Review Board H um boldt.______Preston...... S8. for consideration is a petition for modi­ Indian Head_____ ...... 75+3 R ed L a k e ...... ‘...... 1 0 -...... - Kamsack______...... - 42+j R en frew ...... 69. fication and amendment of Commission Kindersley.______...... 38+3 St. Catharines______69+. Maple Creek_____ ...... 53+3 St. Thom as...... 65. order, and for extraordinary and expe­ M elville______...... 46+. Sarnia...... 74+, 8S. dited relief, filed June 21, 1971, by Moose Jaw______4 - , 7 - _ — 16, S6, 66;Sault Bte. Marie____ . . . . 2—, 5 L 2...... tO, 2 6 -, 4 6 , Moosomin______...... 64+. 64, 83+. Bunker Ramo Corp. (Bunker Ramo) * Oxbow...... 56+. Smiths Falls...... 71, 81+. Regina___ ,______2, 9 - , 1 3 - ____18+, 24+, 47, Stratford...... 86. 2. Bunker Ramo, a corporation en­ 68, 71, 7 7 -. Sturgeon Falls...... 7______82+. gaged in providing brokerage informa­ Riverhurst____... 1 0 - L »...... Sudbury______.... 6,9+ L 12,13—. 19, 25+, 41+, Rosetown______...... 6S. 47+, 6 9 -. tion services, filed a formal complaint Saskatoon____ ... 8 + , 11.17, tS, S3, 64, Thessalon...... 70+. 70, 76. Tim m ins______. . . . 6, 9-, 3 - LM, 6t, 68+, 78. against Western Union with the Com­ Shaunavon..----- 7 + L *.___i ____ 78. 7 - L « . mission on June 5,1970. Complainant ex­ Stranraer.— ----- 3— 9 Toronto...... 6 + , 9...... 1 9 -, 25,45, Swift Currentj... 5 - ! 12-1— I ” 40+, 66. 61, 67, 79. plained that certain of its services de­ U n ity ___ ...... 1...... 80—. Trenton...... 85. Watrous______...... 78+. W awa...... 9 + L « ...... pend upon the use of common carrier W eybum ______...... 48+. Welland______75+.' communications services and facilities W ilk ie ...... SI. White River...... 1 2 - L>7-...... Willow Bunch___ 6 - L«, 10+ W iarton...... 2 - ______which can be and are obtained from L«. Windsor...... 9 - ...... 2 6 -, 32+, 78. W ynyard______6,12+ L T...... 31+. Wingham...... 8 - ______78. Western Union. Bunker Ramo alleged, Yorkton ____ l____ S, 10...... tO, 33+; Woodstock...... 18. inter alia, that since the entrance of Western Union into the brokerage in­ L ‘ Limitation 20 dbk and 500 feet EHAAT and L 1 Limitation to protect cochannel assignment at toward CKM J-TV Marquis (Moose Jaw) Saskatchewan. Wiarton, Ontario. Limitation to protect W GR-TV formation business,* as a competitor, L> Limitation to protect CHAB-TV Moose Jaw, Buffalo, N . Y . Bancroft assignment to be located no less than 170 miles from W G R -T V . there has been a “ sharp deterioration” in L 3 Limitation to protect Channel 10+ CKBI-TV-1 L 5 Limitation to protect Channel 6+ C B LT Toronto, Western Union’s common carrier service Alticane, Saskatchewan. , . _ Ontario. „ ' . . . L4 Limitation to protect CKMJ-TV, Channel 7— L® Limitation to protect CBFOT-2 Hearst, Ontario. to Bunker Ramo and its customers. Ad­ Marquis, (Moose Jaw) Saskatchewan. _ L‘ The transmitter site of a television broadcast ditionally, complainant charged that L* Limitation to protect Channel 6 CKOS-TV-3 station authorized to operate pursuant to this allocation Wynyard, Saskatchewan. shall not be located less than 170 miles from the trans­ thereafter defendant failed to supply, L« Limitation to protect CJFB-TV-3 Riverhurst, mitter site of cochannel station WMTW-TV Poland Saskatchewan. Springs, Maine. The effective radiated power from the maintain and restore communications L 7 Limitation to protect Channel I t C K C K -T V -1 Cornwall station over a sector encompassing the northern circuits and facilities; that Western Un­ Colgate, Saskatchewan. and southern limits of Lake Champlain will not exceed the equivalent of 50 kilowatts from an antenna 500 feet ion has exploited its position by awarding above average terrain. L 5 Limitation 20 dbk and 1,000 feet E H A A T . unjust or discriminatory preferences to ONTARIO L 8 Limitation of 310 watts maximum radiated power and 100 watts equivalent nondirectional power, with subscribers to its own SICOM service; specified directional antenna pattern at 149 feet E H A A T . and that it has reduced and impaired its City VHF Channel UHF Channel Also limitation to protect W PTZ-TV North Pole, N .Y , , No. No. . and W H E N -T V Syracuse, N . Y . common carrier services in violation of L 7 Limitation to protect Channel 11—CKWS-TV the law. On the basis of these charges, Kingston, Ontario. „ Arn prior______...... 80. L8 Limitation to protect Channel. 8—CKNX-TV complainant sought various forms of re­ Atikokan______7 -...... 59. Wingham, Ontario, and Channel ^8 W R O C -T V Bancroft. 2+ L 1__ ;...... lief, including damages. By Order, FCC 3+ ...... 55+. 74, 83+; Rochester, N . Y . ______. B a rrie..______L # Limitation to protect CFCL-TV-2 Kirkland 70-944, 25 FCC 2d 691, released Septem­ Belleville______6 - L*...... 1 5 -i Lake, Ontario. _ _ _ „ Blind River______...... 40+3 L 10 Limitation to protect C K R N -TV Rouyn, Que; ber 9, 1970, the Commission dismissed Brantford ______...... 6S. and CBOT, Ottawa, Ontario...... Brockvllle..______...... 27+, 76. L 11 Limitation to protect Channel 13—CKTM -TV Western Union’s motion that allegations Chaplpau...______7+ L»...... 33+. Three Rivers, Province of Quebec. Chatham_____ ...... 48. L12 Limitation to Protect CKSO-TV Sudbury be made more definite and certain. Sub­ ...... 67+, Cobourg-Port Hope. 803 Ontario. ____ _ , . . , sequently, on April 19, 1971, the Com­ Collingwood______...... 78+. L « Limitation to protect CBFOT Timmins, Ontario. Cornwall------8+ L 4______36+, 77, 88. L M Limitation to protect CKSO-TV-1 Elliot Lake, mission released an order, FCC 71-390, D.eep R iv e r______...... 2 5 -. Ontario. __ D ry d en ______4+ , 9 - L 6____ 20. L “ Limitation to protect CFCL-TV-6 Chapleau, 36 F.R. 7617, 28 FCC 2d 617, designating Elliot Lake______5 ,1 2 + ...... 18-3 CBFOT-2 Hearst and CBFST Sturgeon Falls. the matter for hearing under various Española______...... 77. L « Limitation to protect CBFOT Timmins, Ontario. Fort Frances______5...... 25. L 17 Limitation to protect CBFOT-1 Kapuskasing, Fort W illiam -Port « 4—...... 2 0 -, 86, St, 88, Ontario. Arthur. 44. 1 Other related pleadings before the Board Gananoque______...... — 19+; YUKON TERRITORY Geraldton____ ..... for consideration are; (a) Common C arrier Goderich______...... 16+3 Bureau’s statement in partial support, filed Guelph______C ity VH F Channel UHF Channel ■ Haliburton______5 L «...... N o. N o. July 6, 1971; (b ) opposition, filed July 6, Ham ilton______11+ L 7__...... 4 1 -, 4 7 -, 55. Hearst______4 - , 7______1971, by Western Union Telegraph Co. (West­ 8+ L®...... Huntsville______...... 5 ...... 1 4 , to. ern U n ion); and (c) reply, filed July 12, Kapuskasing___.... It, 2 + L »._____ 7 7 -, 85; D a w so n ...______Watson Lake______Kenora______8...... 21,32+3 1971, by Bunker Ramo. W hiteh orse...------2+ , 6 ...... 1 4 , to. Kingston______1 1 - ...... 3 2 -, 3 8 -, 75. a See “In the Matter of SICOM,* FCC 67- Kirkland Lake_____ 2,11... ___ Kitchener-W aterloo. 13+...... 76, 88. 1377, 11 FCC 2d 1, in which the Commission F ederal C ommunications Leam ington______...... 80+. denied petitions to suspend Western Unions ...... 5 2 -, London____:______1 0 4 0 , 7U C o m m is s io n , Manitouwadge_____ 8 + ...... SICOM tariff. The tariff described the pro­ Marathon______11- ______; W allace E. J o h n s o n , posed Western Union service as a computer- M id lan d ...... 68+3 Niagara Falls______...... 81. , Chief, Broadcast Bureau. based, information-communication service N orth B a y . . . ______1 0 -, 4 - L « . — 48+, 70, 76+3 for members of the brokerage community. Oakville...... 73+3 [FR Dóc.71-12789 Filed 9-1-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17621 issues.3 Bunker Ramo presently petitions .(d) Restoring a section 214(a) issue to 415(b), petitioner argues,® nor is there the review Board to rule on the matter those issues upon which evidence may be an explanation given for framing the of its late-filed petition, to modify and taken in hearing conducted under (a) issues in a manner patently inconsistent amend the Commission’s designation or­ above; with the Commission’s textual discus­ der, and to grant petitioner such ex­ (e) Directing that the Chief of thesion of the statute of limitations.7 In traordinary and expedited relief as may Common Carrier Bureau (i) be made short, Bunker Ramo contends, there is an absence of reasoned analysis with be deemed necessary. Specifically, Bunker a party to the proceeding; (ii) investi­ respect to the propriety of applying the Ramo requests that the Review Board gate the complaint herein; and (iii) par­ section 415(b) limitation to issues which modify and amend the designation order ticipate actively in the evidentiary hear­ are not dependent upon claims of com­ in this proceeding by: ing to be conducted under (a) above and pensable injury. (a) Directing the taking of admissiblein all subsequent phases of the proceed­ 5. Bunker Ramo suggests, further­ more, that the Commission may have evidence of all violations of the Act, from ing as the Commission’s rules may pre­ erred in applying the 1-year limitation scribe or the circumstances warrant. the beginning of a representative period to its claim for damages. It explains that prior to the marketing and implementa­ 3. Prior to considering the merits of there was “ a continuing interconnected tion of SICOM, until the date of the tak­ the petition, for modification, a prelim­ deliberate pattern of behavior on the ing of such evidence; inary question must be resolved: namely, part of Western Union.” Thus, because of the .difficulty in recognizing precisely ... (b) Directing that the application of whether or not Bunker Ramo’s untimely when injury as a result of the acts be­ section 415(b) in this proceeding, and petition may be entertained. The peti­ tion, filed some 6 weeks after the expira­ came apparent, petitioner argues, it is the nature of such application, be deter­ difficult to determine precisely at what mined only after a full evidentiary hear­ tion of the time specified for filing in time the statute of limitations began to ing conducted under (a) above; § 1.229 of the rules, is late. However, as run against the petitioner and, accord­ poihted out by Bunker Ramo, considera­ ingly, whether or not section 415(b) has (c) Expunging and removing all time tion of the petition would not unduly been tolled.8 Consequently, petitioner limitations purporting to or in fact re­ disrupt the proceeding, nor would it de­ stricting Commission action with regard tract from or adversely affect the orderly «Bunker Ramo states that in every case to any violations of the Act; where the Commission has applied section and fair administration of the Commis­ 415(b) to bar relief, the complainant had sion’s business, since no evidentiary been seeking money damages only, citing, »The following issues were designated: inter alia, Thornell Barnes Co. v. Illinois Bell I. During the period commencing June 8, hearing has yet commenced. On the con­ Telephone Co., 1 FCC 2d 1247, adopted 1969 (1 year prior to the filing of the com­ trary, in our view, as well as in that of Nov. 10, 1965; Sidney Gelb v. The C and P plaint) and continuing up to the release date the Common Carrier Bureau, resolution Telephone Co. of the District of Columbia, FCC 70-134, 21 FCC 2d 407. Moreover, peti­ of our memorandum opinion and order of the serious public interest questions tioner notes, the taking of evidence in those herein. raised by complainant’s request is funda­ cases was not limited to the 1 year period. (i) Whether defendant failed to provide mental to a fair and complete resolution In the single instance where forms of relief interstate or foreign communications service of this proceeding.4 other than damages were sought, the Com­ mission deferred application of section to complainant or complainant’s customers 4. Bunker Ramo alleges that the Com­ 415(b) until after the evidentiary hearing. upon reasonable request therefore, in viola­ mission erred in applying the time limita­ Warrensburg Cable v. United Telephone of tion of section 201 (a) of the Act; Missouri, 27 FCC 2d 727, 21 RR 2d 170 (1971). tion contained in section 415(b) of the (ii) Whether defendant engaged in unjust 7 Bunker Ramo quotes the following from or unreasonable practices in connection with Act for instituting a claim for damages paragraph four of the designation order: As to W.U.’s plea that the statute of limi­ providing interstate or foreign communica­ against a common carrier as a bar to the tations bars the action, we note that the tions service to complainant or complainant’s admission of evidence of all alleged complainant alleges certain facts occurring customers, in violation of section 201(b) of violations of the Act, even though such within 1 year to the filing of the complaint the Act; violations warrant relief other than that allegedly constitute violations of the (iii) Whether defendant made any unjust Act. Thus, we cannot agree that the com­ damages.6 No reason was given for this plaint on its face is barred by section 415 of or unreasonable discrimination, preference, departure from Commission policy with the Act. Finally, W.U.’s argument that advantage, prejudice, or disadvantage in the regard to the application of section Bunker Ramo may not recover treble or provision of interstate or foreign communi­ punitive damages and that its interest is cations service to complainant, complainant’s too remote to maintain the action do not customers, or to defendant’s SICOM cus­ 4 Reliance on “Edgefield-Saluda Radio Co.,” warrant dismissal of the complaint. Com­ 5. FCC 2d 148, 8 RR 2d 611 (1966); and plainants have the burden of proof as to tomers, in violation of section 202(a) of the “Du Page Broadcasting, Inc.,” 9 FOC 2d 210, damages and the mere fact that a com­ Act; 10 RR 2d 830 (1967), is not appropriate in plaint may include claims for damages that (iv) Whether defendant imposed any this instance. Those cases dealt with situa­ may not be ultimately awarded does not call rates, classifications or practices applicable tions where the likelihood of proving factual for dismissal of the complaint. Thus, sec­ to interstate or foreign communications allegations was central to determining tion 208 of the Act specifies that “no com­ whether or not an untimely petition should plaint shall at any time be dismissed because service provided to complainant, complain­ be entertained. Here, Bunker Ramo is not of the absence of direct damage to the com­ ant’s customers, or to defendant’s SICOM alleging new or recently discovered Tacts; plainant.” 47 U.S.C. 208. Therefore, even if customers, in violation of section 203(b) or rather, petitioner has raised serious ques­ complainant is ultimately found to be en­ 203(c) of the Act; titled to no damages, the complaint is not tions about legal conclusions, which alleg­ H. Whether complainant is entitled to any legally deficient for this reason. Our pri­ edly were not properly reached or consid­ mary regulatory concern is to determine monetary damages as a result of any viola­ ered in the designation order. whether W.U. has violated the Communi­ tion of the Act that may be found under 6 Section 415(b) of the Act reads as follows: cations Act of 1934. Accordingly, W.U.’s Mo­ issue I hereof and, if so, the amount thereof. All complaints against carriers for the re­ tion to Dismiss is devoid of merit and will be dismissed. HI. Whether the Commission should take covery of damages not based on overcharges 8 Bunker Ramo refers to and quotes from any further action with respect to any viola­ should be filed with the Commission within tion of the Act that may be found under is­ allegations in its complaint concerning 1 year from the time the cause of action Western Union’s alleged evasion and failure sue I hereof and, if so, the nature thereof. accrues, and not after * * *. to disclose its true conduct.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17622 NOTICES argues, the application of the statute of for purposes of comparison. Finally, the tion 415(b)1* of the Communications Act limitations can only be determined after Bureau asserts, there is no rational rea­ which operates to bar a claim for dam­ a full evidentiary hearing on all ques­ son for considering alleged violations oc­ ages when such-relief is not'requested by tions of fact relevant to petitioner’s com­ curring only up to the date of release of a complainant within 1 year of the plaint. Finally, Bunker Ramo contends the designation order; this date is arbi­ initial accrual of the cause of action. that section 415(b) does not diminish trary and, further, should not cut off Section 415(b), both by its terms and as the Commission’s obligation to investi­ the continuing right to collect damages it has been construed in past proceed­ gate violations of the Act, as set forth resulting from continuing actions. ings,18 applies exclusively as a bar to the in section 208 of the Act, nor does it 9. The designation order herein does recovery of damages; it does not operate diminish the Commission’s obligation to not include a reasoned analysis of the ap­ as a bar to other forms of relief which pursue and redress actions of common plication of the statute of limitations. On the Commission may fashion pursuant to carriers which are deleterious to the the contrary, as suggested by Bunker Issue II I in the designation order.17 Thus, public interest. Ramo and the Common Carrier Bureau, insofar as the designation order purports 6. As a related matter, Bunker Ramo the delimiting of the issues appears to confine consideration of the issues, upon which other forms of relief may be alleges that to end the relevant period somewhat inconsistent with the lan­ awarded, to the section 415 time limita­ of inquiry on the release date of the guage in the text of the document. Thus, designation order severely prejudices there is no impediment to our considera­ tion, it will be modified.18 petitioner in the prosecution of its case. tion of Bunker Râmo’s allegations. See 12. Bunker Ramo’s contentions that it In support of this proposition, petitioner Atlantic Broadcasting Company cannot be clearly determined when the states that it is clear that the alleged (W UST), 5 FCC 2d 717, 8 R R 2d 991 section 415 statute of limitations com­ violations remain unabated and unre­ (1966) ; Fidelity Radio, Inc., supra. menced to run in this proceeding, or deemed; therefore, to impose a cutoff 10. A complaint operates retrospec­ whether or not the actions of Western date, which may be appropriate in orders tively; in other words, it brings factual Union served to toll the statute, raise designating clear, isolated and unrelated allegations into dispute which relate to serious questions as to the proper appli­ incidents for hearing, is not appropriate transactions, occurrences or events which cation of the statute to its claim for damages. A statute of limitations is a here. have happened in the past. Thus, in order statute of repose, designed to protect a 7. Western Union, in opposition, states to supplement or update a cause of ac­ potential defendant against stale and tion, a complainant must file a supple­ that the language employed by the Com­ vexatious claims by ending the possibil­ mental complaint with the Commission mission in Issue 19 demonstrates a spe­ ity of litigation after a reasonable period setting forth the transactions, occur­ cific intention to limit consideration of of time has elapsed. In short, it defines the issues and, thus, that the Review rences or events which have happened the time subsequent to the occurrence of Board does not have discretion to alter since the filing of the original complaint a .wrong after which no cause of action this portion of the designation order,10 and which relate to the original cause of may be initiated. See Riddlesbarger v. Even if the Board were assumed^ to pos­ action. Any supplemental complaint Hartford Insurance Co., 74 U.S. 386 sess this discretion, defendant argues, which may be filed by Bunker Ramo (1896). However, as stated in Thornell there is no sound reason to exercise it should refer to facts which have oc- Barnes Co. v. Illinois Bell Telephone Co., because the claim is one founded on a cured subsequent to the release date of supra, a defendant should not be per­ cause of action for damages. Western the designation order in this proceeding.13 mitted to interpose the statutory time Union concludes that section 415(b) of And, moreover, in accordance with limit as a defense where his conduct is the Act governs the action, and this sec­ § 1.727(b) of the rules, if recovery of the primary reason for the tardiness of tion limits the evidentiary exploration to damages is sought as a form of relief the plaintiff’s action. Thus, although the alleged violations starting with the date in a supplemental complaint, then that statute is not discretionary, there are two 1 year prior to the filing of the com­ portion of the complaint must be filed basic situations in which the strict appli­ plaint.11 In any event, Western Union within the statute of limitations period cation of the statute may be altered or adds, Bunker Ramo has not shown that contained in section 415 of the Act.14, affected. First, a statute of limitations the adduction of evidence relating to its 11. It is axiomatic that a complain­ does not begin to run until discovery of action prior to June 1969 would be of ant—in a single cause of action—may the right or wrong or of the facts on any value to the proceeding. seek inconsistent, alternate or multiple which such knowledge is chargeable in 8. The Common Carrier Bureau, in a forms of relief to which different statutes law. Secondly, the running of the period statement in partial support, contends of limitations apply; for example, the of limitations may be suspended or tolled that the limitation, which apparently same cause of action may give rise to by various causes; for example, although would apply to the section 201-203 issues claims which sound both in tort and in mere ignorance will generally not toll the in the designation order, is not required statute, active fraudulent concealment by the Act; and therefore, in the absence contract. On the basis of its allegations by a defendant will generally do so. As of modification, the scope of evidence in the instant complaint, Bunker Ramo argued by Bunker Ramo, the extent to and ultimately the relief which may be seeks various forms of relief, only one of which the activities of Western Union granted in this proceeding would be in­ which is damages not based on over­ have affected the running of the statute appropriately limited. There is no reason, charges. Bunker Ramo’s right to claim the Bureau argues, for limiting the is­ is unclear. The Commission has not ad­ damages is specifically governed by sec- sues—other than the one relating to dressed itself to this question; nor has damages— to a 1 year period.13 Such a Western Union responded to petitioner’s « The Commission designated this pro­ limitation would unduly constrict the ceeding for hearing on issues which relate to allegations. Thus, in our opinion, the Commission’s concern with possible vio­ facts which occurred prior to the release date Commission will be in a better position to lations of the Act by Western Union, the of the designation order, rather than prior decide the extent to which section Bureau reasons; moreover, it would im­ to the date the complaint was filed by Bunker pair Bunker Ramo’s ability to prove its Ramo. allegations since the time SICOM went 11 Section 1.727 of the rules reads as 16 See note 5, supra, for text of section into operation and, thus, the quality of follows : 415(b). Section 1.727 of the rules clearly (a) Filing. There may be filed with the differentiates between complaints specifical­ service—prior to that time— is relevant Commission a supplemental complaint set­ ly seeking damages and complaints seeking ting forth transactions, occurrences or events other forms of relief. The former, only, is 9 See note 3, supra. which have happened since the filing of the subject to the section 415 time limitation. 10 Citing Fidelity Radio, Inc., 1 FCC 2d original complaint and which relate back * 18 See note 6, supra. 661, released ,1965. to the original cause of action. 17 See note 3, supra. 11 Citing Armstrong Utilities, Inc. v. Gen­ (b ) Seeking damages. I f recovery of dam­ . “ Contrary to the assertions of W e s te r n eral Telephone Co. of Pa., FCC 70-964, 20 RR ages or overcharges is sought by supple­ Union that the statute of limitations con­ tained in section 415 of the Act is in s o m e 2d 231 (1970). mental, it must be filed with the Commis­ 19 The Bureau suggests that the Commis­ sion within the statutory period of limita­ fashion an evidentiary rule, the statute p e r ­ sion itself recognized this in paragraph 4 of tions as to action contained in section 415 of tains solely to the right of a party to in s t i­ the designation order; see note 7, supra. the Communications Act. tute and maintain a suit.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY,. SEPTEMBER 2, 1971 NOTICES 17623

415(b) is a bar to the award of damages 16. Accordingly, it is ordered, That the Jacksonville, Ala., Docket No. 18899, File when all the facts are fully developed in petition for modification and amendment No. BP-17747, James M. Lessley, George an evidentiary hearing. See Warrensburg of Commission Order, and for extraor­ J. Lessley, and James C. Vice, doing busi­ Cable, Inv. v. United Telephone Co. of dinary and expedited relief, filed ness as University Broadcasting Co., Missouri, supra. Consequently, the issues June 21, 1971, by Bunker Ramo Corp. is Jacksonville, Ala., Docket No. 18900, File as modified, will not contain a time limi­ granted to the extent indicated herein, No. BP-17756, for construction permit. tation for the recovery of damages. and is denied in all other respects; and 1. The mutually-exclusive applications 13. With respect to petitioner’s request 17. It is further ordered, That the is­ of Jacksonville Broadcasting Co. (Jack­ for the addition of a section 214(a) issue, sues in this proceeding are modified to sonville) and University Broadcasting the Bureau states that “ lack of geograph­ read as follows: Co. (University), seek authority to con­ ical cohesion prevents the instant situa­ I. Whether defendant failed to pro­ struct a new standard broadcast station tion from being considered a ‘community’ vide interstate or foreign communica­ on 1090 kHz at Jacksonville, Ala. The within the meaning of section 214 of the tions service to complainant or com­ Cdmmission, by Memorandum Opinion Act” and that “ there is no precedent for plainant’s customers upon reasonable re­ and Order, FCC 70-704, 35 FR 11307, defining ‘community’ in terms of non- quest therefor, in violation of section published July 15, 1970, designated these geographical groupings such as security 201(a) of the Act; applications1 for consolidated hearing brokers and bankers.” On the other hand, n . Whether defendant engaged in un­ on various issues, including a Suburban Bunker Ramo cites part of the legislative just or unreasonable practices in con­ issue against University. The Review history of the amendments to section nection with providing interstate or for­ Board now has before it a motion to en­ 214(a) which contemplates the applica­ eign communications service to com­ large issues to include a Suburban issue bility of the amended section to a “mili­ plainant or complainant’s customers, in against Jacksonville, filed June 1, 1971, tary establishment or a war production violation of section 201(b) of the Act. by University.3 plant.” The Board now has the argu­ III. Whether defendant made any un­ 2. Although University’s motion is un­ ments for and against inclusion of the just or unreasonable discrimination, timely, the Board is of the view that it section 214 issue before it in greater de­ preference, advantage, prejudice, or dis­ was not unreasonable for University to tail, clarity and specificity than the Com­ advantage in the provision of interstate file its motion after the expiration of the mission did at the time of designation. or foreign communications service to 90-day period for filing amendments set Furthermore, the Commission’s very complainant, complainant’s customers, forth in paragraph 79 of the Report and brief reference to the Section 214 ques­ and to defendant’s SICOM customers, in Order adopting the Primer on Ascertain­ tion in footnote 2 of the designation violation of section 202(a) of the Act; ment of Community Problems by Broad­ order“ leaves facts unevaluated, which IV. Whether defendant imposed any cast Applicants, 27 FCC 2d 650, 21 RR 2d were alleged in the complaint and which ratas, classifications, or practices appli­ 1507 (1971);8 therefore, we will consider bear directly on the question of whether cable to interstate or foreign communica­ this motion on its merits. A considera­ the issue should be included. Finally, the tions service provided to complainant, tion of the merits of the instant request Bureau’s statement in partial opposition complainant’s customers, or to defend­ supports University’s allegation that to the petition to enlarge lends emphasis ant’s SICOM customers, in violation of Jacksonville’s survey apparently fails to to the importance of a more thorough section 203(b) or 203(c) of the Act; meet Primer standards in several signifi­ analysis than was afforded at the time V. Whether complainant is entitled to cant respects. Thus, an examination of of designation. any monetary damages as a result of any Jacksonville’s survey reveals the follow­ 14. Bunker Ramo alleges in its com­ violation of the Act that may be found ing apparent deficiencies: (1) No show­ plaint that the reduction or impairment under issues I through IV hereof and, ing has been made of consultations with of service has been most severe and con­ if so, the amount thereof; members of the general public; (2) no centrated in the New York City area. We VI. Whether defendant has discon­ listing has been made of community can find little justification for holding tinued, reduced or impaired service to a needs; (3) no demographic information that this is not a cohesive geographical community or part of a community re­ showing the composition of its proposed area. Thus, while we need not now de­ quiring prior certification by the Com­ community of license has been sub­ fine the term “ community, or part of a mission pursuant to section 214(a) of mitted; and (4) no showing has been community” as used in section 214 of the the Act; made of what broadcast matter the ap­ Act, enough has been alleged to require VII. Whether the Commission should a hearing on the question, whatever the plicant is proposing in order to meet the take any further action with respect to ascertained needs. The requested issue ultimate outcome may be on both the any violation of the Act that may be is therefore warranted and will be added. factual and legal questions concerning found under issues I through V I hereof violation of section 214. These points and, if so, the nature thereof. 3. Accordingly, it is ordered, That the were not discussed in the designation motion to enlarge issues, filed June 1, Adopted: August 26, 1971. order, and in the absence of a reasoned 1971, by University Broadcasting Co. analysis as contemplated in Atlantic Released: August 31, 1971. . Broadcasting Company (W U S T ), supra, is granted; and that the issues in this the Board believes that it has the obliga­ F ederal C ommunications proceeding are enlarged to include the tion to rule on the matter. C o m m is s io n 21 following issue: 15. The Hearing Examiner is given the [ s e a l ] B e n F . W a p l e , To determine the efforts made by Secretary. sole authority to rule upon questions of Jacksonville Broadcasting Co. to ascer­ evidence during a proceeding;20 Bunker [FR Doc.71-12921 Filed 9-l-71;8:53 am ] tain the community needs and interests Ramo’s request that the Board direct of the areas to be served and the means the taking of certain evidence, therefore, [Dockets Nos. 18899-18900; FGC 71R-261] must be summarily denied. Finally, the x by which it proposes to meet those needs Board does not have the jurisdiction or JACKSONVILLE BROADCASTING CO. and interests; and authority to direct the nature or extent AND UNIVERSITY BROADCASTING 4. I t is further ordered, That the bur­ of the Common Carrier Bureau’s partici­ CO. ET AL. den of proceeding with the introduction pation in this proceeding; thus, peti­ of evidence and the burden of proof tioner’s request in this connection must Memorandum Opinion and Order also be denied. Enlarging Issues XA third application, filed by Heart of Dixie Broadcasting Co. (File No. BP-17649), was 16 Footnote 2 reads as follows: In regard application of J. Millard also designated for hearing, but was later We are not adopting a section 214 (a) issue; Lecroy, James M. Davis, Will V. Rober­ dismissed by the Hearing Examiner by Order, complainant has not raised a material ques- son and Thomas J. Roberson, doing busi­ ion of fact of reduction or impairment of ness as Jacksonville Broadcasting Co., FCC 70M-1460, released Oct. 26, 1970. service to a “community, or part of a com­ 8 The Broadcast Bureau filed comments on munity.” 47 U.S.C. 214(a) »Dissenting statement of Board Member June 16, 1971. No opposition pleading has 20 See § 1.243 of the rules. Pincock filed a» part of original document. been filed.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17624 NOTICES under the issue added herein shall be on the presently existing tariff provisions tion has received an application from Jacksonville Broadcasting Co. purported to be superseded by the re­ Southern California Financial Corp., jected tariff shall be deemed reinstated; Beverly Hills, Calif., a unitary savings Adopted: August 26, 1971. and and loan holding company which is a Released: August 27, 1971. (c) Refund promptly to any user orwholly owned subsidiary of City Invest­ customer any sums collected subsequent ing Co., for approval of acquisition of F ederal C ommunications to August 14, 1971, in excess of those control of the Rancho Savings and Loan C o m m is s io n , permitted by this order. Association, Simi, Calif., an insured in­ [ s e a l ] B e n F . W a p l e , stitution, under the provisions of section Secretary. Adopted: August 20, 1971. 408(e) of the National Housing Act, as [FR Doc.71-12922 Filed 9-l-71;8:53 am] Released: August 20, 1971. amended (12 U.S.C. 1730a(e)), and § 584.4 of the Regulations for Savings F ederal C ommunications and Loan Holding Companies, said STABILIZATION OF RATES AND C o m m is s io n , acquisition to be effected by the purchase CHARGES OF ALL COMMUNICA­ [ s e a l ] B ernard S trassburg, for cash of the stock of Rancho Savings Chief, Common Carrier Bureau. TIONS COMMON CARRIERS and Loan Association. Following said [FR Doc.71-12923 Filed 9-l-71;8:53 am ] acquisition, it is proposed that Rancho Order Regarding Tariff Freeze Savings and Loan Association be merged In the matter of all communications with Southern Califorfnia Savings and common carriers subject to the jurisdic­ FEDERAL HOME LOAN BANK BOARD Loan Association, an insured subsidiary of the applicant. Comments on the pro­ tion of the Federal Communications [No. 71-866] Commission—stabilization of rates and posed acquisition should be submitted to charges for interstate and foreign com­ ADMINISTRATIVE PROCEDURE ACT the Director, Office of Examinations and munications services. Supervision, Federal Home Loan Bank 1. The Commission has before it Exec­ Rule Making Requirement Regarding Board, Washington, D.C. 20552, within utive Order No. 11615 issued August 15, Public Property, Loans, Grants, 30 days of the date this notice appears in 1971, providing for the stabilization of Benefits, and Contracts the F ederal R eg ist e r . prices, rents, wages and salaries for a A u g u s t 24, 1971.. [ s e a l ] J a c k C arter, 90-day period. This Executive order is Secretary, applicable to the rates and charges of all Whereas rules and regulations issued Federal Home Loan Bank Board. by the Federal Home Loan Bank Board communications common carriers sub­ [FR Doc.71-12888 Filed 9-1-71;8:50 am] ject to the jurisdiction of this Commis­ may involve a matter related to public sion providing interstate and foreign property, loans, grants, benefits, or con­ communications services. In order to tracts; and implement this Executive order, which is Whereas a regulation involving a mat­ designed to insure stabilization of the ter related to public property, loans, FEDERAL MARITIME COMMISSION grants, benefits, or contracts is exempt economy, H ie Commission finds it is GREAT LAKES UNITED KINGDOM essential that the rates and charges for from the rule making requirements of interstate and international communi­ the Administrative Procedure Act (sec­ EASTBOUND CONFERENCE cations services be maintained at levels tion 553 of title 5, United States Code) ; Notice of Agreement Filed no higher than those in effect during the and 30-day period ending August 14, 1971. Whereas the Federal Home Loan Bank Notice is hereby given that the follow­ 2. Accordingly. it is ordered, Pursuant Board has determined that such regula­ ing agreement has been filed with the to the authority delegated by the Com­ tions may affect a wide range of persons Commission for approval pursuant to mission on August 18, 1971, that com­ and interests and thatNpublic participa­ section 15 of the Shipping Act, 1916, as mon carriers subject to the jurisdiction tion in such rule making may be of great amended (39 Stat. 733, 75 Stat. 763, 46 of this Commission: value: U.S.C. 814). (a ) May not during such 90-day period It is hereby resolved that the Federal Interested parties may inspect and charge, demand, collect, or receive any Home Loan Bank Board will regard the obtain a copy of the agreement at the compensation for the provision of inter­ rule making requirements of the Admin­ Washington office of the Federal Mari­ state or foreign communications services istrative Procedure Act (subsections (b) time Commission, 1405 I Street NW., greater than the highest rate or charge through (e) of section 553 of title 5, Room 1015; or may inspect the agree­ for any such or like communications United States Code) as applicable to ment at the Field Offices located at New services in effect for the 30-day period regulations of the Board that involve a York, N.Y., New Orleans, La., and ending August 14, 1971, either by filing matter relating to public property, loans, San Francisco, Calif. Comments on new tariff schedules to become effec­ grants, benefits, or contracts; and the such agreements, including requests for tive during such 90-day period, or by Secretary to the Federal Home Loan hearing, may be submitted to the Sec­ allowing already effective tariffs to ex­ Bank Board is hereby directed to pub­ retary, Federal Maritime Commission, pire during such 90-day period; lish the text of this resolution in the Washington, D.C. 20573, within 20 days after publication of this notice in the (b) Shall promptly withdraw any F ederal R e g ist e r . F ederal R eg iste r . Any person desiring tariff now on file and scheduled to be By the Federal Home Loan Bank a hearing on the proposed agreement effective after August 14, 1971, which Board. shall provide a clear and concise state­ provides for a charge or rate higher than [ s e a l ] E u g e n e M. H e r r in , ment of the matters upon which they that in effect for the 30-day period end­ Assistant Secretary. desire to adduce evidence. An allegation ing August 14, 1971, for the same or a of discrimination or unfairness shall be [FR Doc.71-12832 Filed 9-l-71;8:45 am ] like service, or postpone the effective date accompanied by a statement describing of such tariff until after the expiration the discrimination or unfairness with of the 90-day period specified in Execu­ [H.C. 109] particularity. I f a violation of the Act tive Order No. 11615, pursuant to spe­ or detriment to the commerce of the cial permission which is hereby granted. SOUTHERN CALIFORNIA FINANCIAL United States is alleged, the statement Any tariff not so withdrawn or post­ CORP. shall set forth with particularity the acts poned within 5 days of the issuance of and circumstances said to constitute such this order shall be deemed rejected and Notice of Receipt of Application for Approval of Acquisition of Control violation or detriment to commerce. A copy of any such statement should 3 During the period in which Suburban of Rancho Savings and Loan Asso­ amendments could be filed pursuant to the ciation also be forwarded to the party filing the Primer, the Board refused to entertain re­ A u g u s t 27, 1971. agreement (as indicated hereinafter) and quests for Suburban issues. See, e.g., Star the statement should indicate that this Stations of Indiana, Inc., 28 FCC 2d 488, 490, Notice is hereby given that the Federal 21 RR 2d 646, 651 (1971). Savings and Loan Insurance Corpora­ has been done.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 No. 171- ■10 NOTICES 17625

Notice of agreement filed by: on the other, whereby Lykes agrees not to Notice of agreement filed by: David F. Graham, Manager-Secretary, Great oppose applications of Prudential-Grace S. S. Marr, Secretary, c/o The Borneo Com­ Lakes United Kingdom Eastbound Confer­ and American Export to'expand their' pany, Ltd., 1041 Silom Road, Bangkok, ence, 108 North , Chicago, IL subsidized services on Trade Route 10 Thailand. 60602. between the U.S. North Atlantic and the Agreement No. 9919 is a transshipment Agreement No. 8130-6 modifies Article Mediterranean to include the South At­ lantic Coast of the United States and agreement between the above-mentioned 11 of the basic agreement to provide that carriers and the Conference of which the the expense of annual conference main­ Prudential-Grace and American Export, in return, agree: (1) To exclude from mentioned carriers are precarriers for tenance, as determined by the members through movement of cargo from East or a committee established or appointed their South Atlantic services inbound traffic to the State of Florida and out­ Coast South Thailand ports to U.S. ports for that purpose, shall be divided among on the Atlantic Coast including the Gulf the members in a manner to be agreed bound traffic from any South Atlantic port to the North Coast of Africa; and of Mexico with transshipment in Singa­ upon and that bills for such expenses pore. shall be paid promptly upon receipt (2) not to set rates at levels intended to Agreement No. 9919-1 reflects a re­ thereof. divert cargo originating or terminating in areas which would be naturally tribu­ quest from the mentioned carriers for Dated: August 27, 1971. tary to ports on the Gulf of Mexico. an increase in their share of the through By order of the Federal Maritime Com­ Prudential-Grace and American Export freight rate to S$33/per ton of 2,240 mission. additionally agree not to oppose each pounds for crepe rubber or per ton of 2,500 pounds for sheet rubber. J o s e ph C. P o l k in g , other’s applications, Assistant to the Secretary. Dated: August 27,1971. Dated: August 26,1971. [FR Doc.71-12918 Filed 9-l-71;8:53 am] By order of the Federal Maritime By order of the Federal Maritime Commission. Commission. PRUDENTIAL-GRACE LINES, INC., J o s e p h C. P o l k in g , J o s e p h C. P o l k in g , Assistant to the Secretary. Assistant to the Secretary. ET AL. [FR Doc.71-12919 Filed 9-1-71;8:53 am] [FR Doc.71-12917 Filed 9-l-71;8:53 am] Notice of Agreement Filed Notice is hereby given that the follow­ THAILAND/U.S. ATLANTIC & GULF ing agrément has been filed with «the Commission for approval pursuant to CONFERENCE ET AL. FEDERAL POWER COMMISSION section 15 of the Shipping Act, 1916, as Notice of Agreement Filed [Docket No. GS72-97, etc.] amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). Notice is hereby given that the follow­ EL SANTO PETROLEUM CORP. ET AL. Interested parties may inspect and ing agreement has been filed with the obtain a copy of the agreement at the Commission for approval pursuant to Notice of Applications for “Small Washington office of the Federal Mari­ section 15 of the Shipping Act, 1916, as Producer” Certificates 1 time Commission, 1405 I Street NW., amended (39 Stat. 733, 75 Stat. 763, 46 A u g u s t 25,1971. Room 1015; or may inspect the agree­ U.S.C. 814). ment at the field offices located at New Interested parties may inspect and ob­ Take notice that each of the appli­ York, N.Y., New Orleans, La., and San tain a copy of the agreement at the cants listed herein has filed an applica­ Francisco, Calif. Comments on such Washington office of the Federal Mari­ tion pursuant to section 7(c) of the Nat­ agreements, including requests for hear­ time Commission, 1405 I Street NW., ural Gas Act and § 157.40 of the regula­ ing, may be submitted to the Secretary, Room 1015; or may inspect the agree­ tions thereunder for a “small producer” Federal Maritime Commission, Wash­ ment at the Field Offices located at New certificate of public convenience and ington, D.C. 20573, within 20 days after York, N.Y., New Orleans, La., and San necessity authorizing the sale for resale publication of this notice in the F ederal Francisco, Calif. Comments on such and delivery of natural gas in interstate R egister. Any person desiring a hearing agreements, including requests for hear­ commerce, all as more fully set forth on the proposed agreement shall provide ing, may be submitted to the Secretary, in the applications which are on file with a clear and concise statement of the mat­ Federal Maritime Commission, Washing­ the Commission and open to public in­ ters upon which they desire to adduce ton, D.C. 20573, within 20 days after spection. evidence. An allegation of discrimination publication of this notice in the F ederal Any person desiring to be heard or to or unfairness shall be accompanied by a R eg ist e r . Any person desiring a hearing make any protest with reference to said statement describing the discrimination on the proposed agreement shall provide applications should on or before Sep­ or unfairness with particularity. I f a a clear and concise statement of the mat­ tember 17, 1971, file with the Federal violation o f the Act or detriment to the ters upon which they desire to adduce Power Commission, Washington, D.C. commerce of the United States is alleged, evidence. An allegation of discrimination 20426, petitions to intervene or protests the statement shall set forth with partic­ or unfairness shall be accompanied by a in accordance with the requirements of ularity the acts and circumstances said statement describing the discrimination the Commission’s rules of practice and to constitute such violation or detriment or unfairness with particularity. I f a vi­ procedure (18 CFR 1.8 or 1.10). All pro­ to commerce. olation of the Act or detriment to the tests filed with the Commission will be A copy of any such statement should commerce of the United States is alleged, considered by it in determining the ap­ also be forwarded to the party filing the the statement shall set forth with par­ propriate action to be taken but will not agreement (as indicated hereinafter) ticularity the acts and circumstances serve to make the protestants parties to and the statement should indicate that said to constitute such violation or detri­ the proceeding. Persons wishing to be­ this has been done. ment to commerce. come parties to a proceeding or to partic­ Prudential-Grace Lines, Inc., Ameri- A copy of any such statement should ipate as a party in any hearing therein can Export Isbrandtsen Lines, Inc. and also be forwarded to the party filing the must file petitions to intervene in ac­ Lykes Bros. Steamship Co., Inc. agreement (as indicated hereinafter) cordance with the Commission’s rules. Notice of agreement filed by: and the statement should indicate that Take further notice that, pursuant to Mark P. Schlefer, Esq., Kominers, Fort, Schle- this has been done. the authority contained in and subject to ier & Boyer, Tower Buüding, 1401 K Street, Thailand/U.S. Atlantic and Gulf Con­ the jurisdiction conferred upon the Fed­ NW., Washington, DC 20005. ference and Heap Eng. Moh Steamship, eral Power Commission by sections 7 Ltd.; Thai Navigation Co., Ltd.; Inter­ Agreement No. 9965 is an agreement 1This notice does not provide for consoli­ between Lykes, on the one hand, and ocean Lines (S.E.A.) Pte. Ltd.; and dation for hearing of the several matters Prudential - Grace and American Export, Straits Steamship Co., Ltd. covered herein.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17626 NOTICES and 15 of the Natural Gas Act and the about 45 feet high, comprised of a con­ Docket N o . D ate Name of applicant Commission’s rules of practice and pro­ filed crete gravity control section 78 feet long cedure, a hearing will be held without with three tainter gates 20 feet wide and further notice before the Commission CS72-122...... 8-12-71 Robert C. Anderson, Suite 26 feet high, three steel vertical sliding on all applications in which no peti­ 910,3535 Northwest 58th, sluice gates 7 feet wide and 10 feet high, Oklahoma City, O K 73112. and two earth-fill concrete core wall sec­ tion to intervene is filed within the time CS72-123...... 8-12-71 T. E. L. Oil & Gas Corp., required herein if the Commission on Post Office Box 292, tions extending 217 feet on the west side its own review of the matter believes that Guymon, O K 73942. and 970 feet on the east side; (2) Chip­ CS72-124_____ 8-12-71 AstrüTex Oil Corp., Box 1256, a grant of of the certificates is required Levelland, T X 79336. pewa Reservoir which impounds 223,000 by the public convenience and necessity. CS72-125...... 8-12-71 Addison L. Gardner III, acre-feet of usable storage capacity Field Point Park, Where a petition for leave to intervene Greenwich, C T 06830. with about 17,250 acres of water surface is timely filed, or where the Commission CS72-126_____ 8-12-71 Frankel Oil Co., Frankel area at normal full pool elevation 1313 Oil & Gas Co., 840 M. on its own motion believes that a formal Esperson Bldg., Houston, (m.s.l.); and (3) all other facilities and hearing is required, further notice of Tex. 77002. interests appurtenant to the operation such hearing will be duly given. CS72-127...... 8-13-71 Carl S. Ford, Post Office of the project. The reservoir is solely for Box 1996, Oklahoma City, Under the procedure herein provided O K 73101. storage impounded primarily to regulate for, unless otherwise advised, it will be CS72-128...... 8-13-71 Harold Kaffie, Post Office the flow of the Chippewa River for down­ Box 1662, Corpus Christi, stream power production. There are no unnecessary for Applicants to appear or T X 78403. CS72-129_____ 8-13-71 Tejas Gas Corp., Post Ofl3.ce generating facilities., in the project. be represented at the hearing. Box 2806, Corpus Christi, There are presently 29 public access T X 78401. K e n n e t h P . P l u m b , sites and 12 boat landings available. Secretary. Thirteen islands have been designated as [P R Doc.71-12901 Piled 9-1-71; 8:50 am] picnic sites and 8 as primitive campsites.

Docket N o. Date Name of applicant Applicant plans to expand and improve filed NATIONAL GAS SURVEY TECHNICAL one public access area and to establish ADVISORY COMMITTEE-SUPPLY five additional areas to include boat CS72-97..___ . 8- 2-71 El Santo Petroleum Corp., launching ramps and parking facilities. Post Office Box 1061, As nearly as is practicable, reservoir Amarillo, T X 79105. Order Designating an Additional CS72-98______. 8- 4-71 Cayman Corp., Post Office Member fluctuation is held to 3 feet in the sum­ Box 2099, Palos Verdes mer months in the interests of recrea­ Peninsula, C A 90274. A u g u s t 26, 1971. tion. Applicant’s recreation plan was CS72-99...... 8- 4-71 H arry J. Parker II , 615 Alam o National Bldg., San Antonio, The Federal Power Commission by prepared in cooperation with the Wis­ Tex. 78205. consin Department of Natural Resources. CS72-100____ . 8- 2-71 Euramerica Corp., 829 Fort order issued April 6,1971, established the Worth National Bank Bldg., Technical Advisory Committees of the The project’s 205 miles of shoreline Fort Worth, Tex. 76102. National Gas Survey. are largely undeveloped and in a rela­ CS72-101____ . 8- 2-71 Euramerica 1970-A, 829 Fort Worth National Bank 1. Membership. An additional member tively primitive state. The applicant Bldg., Fort Worth, Tex. plans to preserve the semiwilderness 76102. to the Technical Advisory Committee- CS72-102____ 8- 2-71 C. Walter Dobie, Post Office Supply, as selected by the Chairman of characteristics of the area as nearly as Box 51682, Lafayette, L A the Commission with the approval of the practicable. 70501. CS72-103____ 8- 6-71 Robert D. Brew, 555 17th Commission, is as follows: Any person desiring to be heard or to St.. Denver, CO 80202. make any protest with reference to said CS72-104____ 8- 5-71 A. M. Tolbert, c/o Powers Honorable Gene P. Morrell, Deputy Assistant Operating Co., 1816 Vaughn Secretary (Mineral Resources), Department application should on or before Octo­ Plaza, Corpus Christi, of the Interior. ber 4, 1971, file •with the Federal Power Tex. 78401. Commission, Washington, D.C. 20426, CS72-105____ . 8- 6-71 J. Cecil Rhodes, 822 Building By the Commission. of the Southwest, Midland, petitions to intervene or protests in ac­ Tex. 79701. [ s e a l ] K e n n e t h F. P l u m b , cordance with the requirements of the C S 72-106____ . 8- 6-71 High Sky Oil Co., 1009 Mid­ land National Bank Bldg., Secretary. Commission’s rules of practice and pro­ Midland, Tex. 79701. cedure (18 CFR 1.8 or 1.10). All protests CS72-107____ 8- 6-71 Burmah Oil Development, [FR Doc.71-12910 Piled 9-1-71; 8:52 am] Inc., Suite 400, 1600 Canal filed with the Commission will be con­ St., N ew Orleans, L A 70112. sidered by it in determining the appro­ CS72-108____ . 8- 6-71 Estate of E. H. Adair, d.b.a. [Project 108] E. H. Adair Oil Co., 1111 priate action to be taken but will not Vickers Tower, Wichita, NORTHERN STATES POWER CO. serve to make the protestants parties to Kans. 67202., the proceeding. Persons wishing to be­ CS72-109____ . 8- 6-71 Len M ayer, 26Ö Lincoln Tow er Bldg., Denver, Colo. 80203. Notice of Application for New License come parties to a proceeding or to par­ CS72-110____ . 8- 6-71 Ford Hubbard, 2425 Pine ticipate as a party in any hearing therein Valley Dr., Houston, T X A u g u s t 27, 1971. 77019. must file petitions to intervene in ac­ CS72-111____ . 8- 9-71 Margaret Rorschach, 532 Public notice is hereby given that ap­ cordance with the Commission’s rules. Resource'Sciences Center, plication for a new license has been filed Tulsa, Okla. 74103. The application is on file with the Com­ CS72-112----- . 8- 9-71 Colonial Royalties Co., 530 under section 15 of . the Federal Power mission and available for public Resource Sciences Center, Act (16 U.S.C. 791a-825r) by Northern inspection. Tulsa, Okla. 74103. States Power-Co. (correspondence to: CS72-113___ . 8- 9-71 Jack L. Rorschach, 532 K e n n e t h F. P l u m b , Resource Sciences Center, W. N. Marx, President, Eau Claire, Wis. Secretary. Tulsa, Okla. 74103. 54701) for its constructed Wisconsin CS72-114___ . 8- 9-71 Mabee Petroleum Corp., [PR Doc.71-12903 Filed 9-l-71;8:51 am] 1916 First National Bldg., (Chippewa Reservoir) Project No. 108. Tulsa, Okla. 74103. The project is located on the Chippewa CS72-116___ . 8- 9-71 George R . Morse, 12445 West 97th Ter., Shawnee River in Sawyer County, Wis., near or [Dockets Nos. RP70-5, etc.] Mission, K S 66215. partly within the towns of Hunter, W in­ CS72-117___ .. 8- 9-71 Argonaut Petroleum Corp., SOUTHERN NATURAL GAS CO. 2300 Western Federal Bldg., ter, Couderay, Hayward, Ojibwa, Radis- Denver, Colo. 80202. son, and Round Lake; and partly on the Order Prescribing Dates for Service of CS72-118___ .. 8- 9-71 Steed, Inc., Post Office Box Tribal Lands of the Lac Court Grielles 6254, Fort Worth, T X Evidence and Hearing 76115. Indian Reservation and lands of the CS72-119___ .. 8-11-71 John R . Warren d.b.a. United States. The original license ex­ A u g u s t 27, 1971. Warren Drilling Co., Inc., 2809 Northwest Express­ pired , 1971, and the project is On May 20, 1971, the Commission is­ way, Oklahoma City, presently operating under an annual sued an order accepting in part and O K 73112. license pursuant to section 15(a) of the CS72-120___ .. 8-11-71 Atlas Corp., 707 National upon condition a proposal for settlement Bank of Tulsa Bldg., Federal Power Act. of these proceedings and, at the same Tulsa, Okla. 74103. C 872-121___ .. 8-11-71 Forrester A. Clark, Agent, The constructed project consists of: time, directed the parties to indicate 788 The Petroleum Bldg., their acceptance or rejection of the terms Tyler, Tex. 75701. (1) A dam about 1,265 feet long and

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17627

and conditions of that order. Atlanta Gas crease charges for jurisdictional sales by in relation to variations of monthly sales Light Co. filed an application for rehear­ approximately $4,636,871 annually based from a base load factor; and (iii) a pur­ ing of the May 20, 1971, order and de­ on sales volumes for the 12-month period chased gas adjustment clause. clined to accept the settlement proposal ended May 31, 1971. The proposed in­ Trunkline states that the reasons and in these proceedings, as conditioned by crease would be applicable to all of bases for the proposed rate increases are our May 20, 1971 order.1 Under these Trunkline’s jurisdictional rate schedules. increases in cost of capital, Federal, and circumstances we find it necessary and Trunkline states that the reason and State income and other taxes, purchased in the public interest to order formal basis for the proposed increase is to re­ gas costs, cost of labor, materials, sup­ public hearings in these proceedings in flect the increases in its cost of purchased plies and services. Trunkline also reflects accordance with the following schedulea: gas resulting from producer rate filings in the proposed rates a projected 10 mil­ Service of Staff and Intervenors’ Evidence, made pursuant to Commission Opinion lion M cf annual reduction in sales and November 26,1971. No. 598, issued July 16, 1971 in Docket an increase in depreciation expense both Service of Cross-Answering Evidence by Staff Nos. AR61-2 et al. and AR69-1. of which the company relates to declin­ and Intervenors, December 17, 1971. Copies of the proposed tariff changes ing gas reserves. Service of Southern Natural Rebuttal Evi­ were served on all of Trunkline’s cus­ In its petition filed August 17, 1971, dence, January 14,1972. tomers and interested State commissions. (Docket No. RP72-24) Trunkline states Commencement of Cross-Examination, Jan­ Any person desiring to be heard or to that it has elected to use liberalized de­ uary 25,1972. make any protest with reference to said preciation with normalization on its The dates fixed herein shall apply to application should on or before Septem­ post-1969 properties, pursuant to the the service of all evidence in Docket No. ber 10, 1971, file with the Federal Power Tax Reform Act of 1969, and it requests RP70-38. The issues of depreciation rate Commission, Washington, D.C. 20426, authorization to use liberalized depre­ and conjunctive billing heretofore set for petitions to intervene or protests in ac­ ciation with normalization for account­ separate hearing and decision by order­ cordance with the requirements of the ing and rate purposes on all eligible ing paragraph (H ) of our M ay-20, 1971 Commission’s rules of practice and pro­ pre-1970 properties effective at the order shall be tried in accordance with cedure (18 CFR 1.8 or 1.10). All protests same time its proposed increased rates the schedule hereinabove fixed. filed with the Commission will be con­ become effective in Docket No. RP72- The Commission finds : sidered by it in determining the appro­ 23. It is necessary and proper in the pub­ priate action to be taken but will not Any order or orders issued in these lic interest and to aid in the enforce­ serve to make the protestants parties to proceedings will be subject to the Com­ ment of the provisions of the Natural the proceeding. Persons wishing to be­ mission’s Statement of Policy Imple­ Gas Act that the disposition of the pro­ come parties to a proceeding or to par­ menting the Economic Stabilization Act ceeding be expedited in accordance with ticipate as a party in any hearing there­ of 1970 [Public Law 91-379, 84 Stat. 799, the procedures set forth below. in must file petitions to intervene in ac­ as amended by Public Law 92-15, 85 The Commission orders: cordance with the Commission’s rules. Stat. 38] and Executive Order 11615, in­ (A) The service of evidence in Docket The application is on file with the Com­ cluding such amendments as the Com­ No. RP70-38 and hearings on all issues mission and available for public inspec­ mission may require. in these proceedings shall proceed in ac­ tion. Copies of the proposed tariff changes cordance with the schedule prescribed Any order or orders issued in these pro­ and petition were served on all of above. ceedings will be subject to the Commis­ Trunkline’s customers and interested sion’s Statement of Policy Implementing State commissions. (B) This order is without prejudice to Any person desiring to be heard or to any findings or orders which have been the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799, as make any protest with reference to said made or may hereafter be made by the application and petition should on or Commission, and is without prejudice to amended by Public Law 92-15, 85 Stat. 38) and Executive Order 11615, includ­ before , 1971, file with the any claims or contentions which may be Federal Power Commission, Washing­ made by the Commission, its Staff, ing such amendments as the Commis­ sion may require. ton, D.C. 20426, petitions to intervene Southern Natural, or any other party or or protests in accordance with the re­ person affected by this order, in any K e n n e t h F. P l u m b , quirements of the Commission’s rules proceeding now pending or hereinafter Secretary. of practice and procedure (18 CFR 1.8 instituted by or against Southern Nat­ [PR Doc.71-12905 Filed 9-1-71:8:52 am] or 1.10). All protests filed with the Com­ ural or any other person or party. mission will be considered by it in de­ termining the appropriate action to be By the Commission. [Dockets Nos. RP 72-23-RP 72-24] taken but will not serve to make the [ seal] K e n n e t h F. P l u m b , TRUNKLINE GAS CO. Protestants parties to the proceeding. Secretary. Persons wishing to become parties to a [PR Doc.71-12904 Piled 9-1-71:8:52 am ] Notice of Proposed Changes in Rates proceeding or to participate as a party and Charges and of Petition for in any hearing therein must file peti­ Permission to use Liberalized De­ tions to intervene in accordance with [Docket No. RP72-19] preciation With Normalization for the Commission’s rules. The applica­ TRUNKLINE GAS CO. Accounting and Rate Purposes tion is on file with the Commission and available for public inspection. Notice of Proposed Changes in Rates A u g u s t 26, 1971. K e n n e t h F. P l u m b , and Charges Take notice that on August 17, 1971, Secretary. Trunkline Gas Co. (Trunkline) tendered A u g u s t 27, 1971. for filing proposed changes in .its FPC [P R Doc.71-12906 Piled 9-l-71;8:52 am ] Take notice that Trunkline Gas Co. Gas Tariff, Original Volume No. 1, to be­ (Trunkline) on August 9, 1971, tendered come effective on September 17, 1971. [Docket No. E-7635] for filing proposed changes in its FPC The proposed rate changes would in­ Gas Tariff, Originial Volume No. 1, to crease charges for all jurisdictional sales UPPER PENINSULA POWER CO. become effective on September 19, 1971. and services by $36,235,189 annually, Notice of Extension of Time and The proposed rate changes would in- based upon sales for the twelve-month period ended May 31, 1971, as adjusted. Postponement of Prehearing Con­ 1 Application for rehearing filed June 21, In addition to increases in rate levels, ference 1971, and renewed in letter filed Aug. 16,1971. the tendered tariff sheets also include: A u g u s t 27, 1971. * Inasmuch as the evidence of all parties (i) A modification in rate design whereby On August 16, 1971, Upper Peninsula has been served in the proceedings at Dockets the commodity portion of each two-part Power Co. filed a motion for an extension Nos. RP70-5, KP70-16, and RP71—4, the serv­ rate is separated into “capacity” and of time within which to file its case-in- ice dates hereinabove fixed shall apply to the “ gas supply” components; (ii) a provi­ chief evidence, and for a postponement service of evidence in Docket No. RP70-38. sion to adjust such capacity components of the prehearing conference, pursuant

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17628 NOTICES to the order issued July 22, 1971, in the competition, the financial and mana­ cant), Jacksonville, Fla., a registered above-designated matter. gerial resources and future prospects of bank holding company, for the Board’s Upon consideration, notice is hereby the Applicant and the banks concerned, prior approval of the acquisition of 80 given that the time is extended to and and the convenience and needs of the percent or more of the voting shares of including September 17, 1971, within communities to be served, and finds that: Central Bank in Fort Lauderdale which Upper Peninsula Power Co. shall Applicant is a nonoperating corpora­ (Bank), Fort Lauderdale, Fla. file with the Commission and serve on tion formed for the purpose of acquiring As required by section 3(b) of the Act, all parties its case-in-chief evidence in Bank as a subsidiary. Bank with approxi­ the Board gave written notice of receipt the above-designated matter; the pre- mately $169 million of deposits holds 11 of the application to the Commissioner hearing conference is postponed to Sep­ percent of commercial bank deposits in of Banking of the State of Florida, and tember 28, 1971. the San Antonio market and is the third requested his views and recommenda­ largest banking organization in that tion. The Commissioner recommended K e n n e t h P . P l u m b , approval of the application. s Secretary. market, which is approximated by the San Antonio SMSA. As Applicant has no Notice of receipt of the application [FR Doc.71-12911 Filed 9-l-71;8:52 am] present operations or subsidiaries, con­ was published in the F ederal R egister summation of this proposal would elimi­ on June 26,1971 (36 F.R. 12191), provid­ nate neither existing nor potential com­ ing an opportunity for interested persons petition nor does it appear that there to submit comments and views with re­ FEDERAL RESERVE SYSTEM would be any adverse effects on any bank spect to the proposed transaction. A copy in the market area. of the application was forwarded to the ALAMO BANCSHARES, INC. The financial and managerial re­ U.S.Department of Justice for its con­ Order Approving Action To Become a sources and future prospects of Bank are sideration. The time for filing comments Bank Holding Company regarded as satisfactory and consistent and views has expired and all those re­ w ith, approval as would be those of ap­ ceived have been considered by the In the matter of the application of plicant upon acquisition of Bank. Con­ Board. Alamo Bancshares, Inc., San Antonio, summation of the proposal would have The Board has considered the applica­ Tex., for approval of action to become no immediate effect on the convenience tion in the light of the factors set forth a bank holding company through the and needs of the community involved, in section 3(c) of the Act, including the acquisition of 100 percent of the voting but should enable applicants to respond effect of the proposed acquisition on com­ shares (less directors’ qualifying shares) to the increasing needs of the growing petition, the financial and managerial of the successor by merger to The Alamo San Antonio market by offering new and resources of Applicant and the banks National Bank of San Antonio, San An­ expanded services in banking and bank- concerned, and the convenience and tonio, Tex. ■ related activities. It is the Board’s judg­ needs of the communities to be served There has come before the Board of ment that consummation of the proposal and finds that: Governors, pursuant to section 3 (a )(1 ) would be in the public interest and that Applicant presently controls 26 banks of the Bank Holding Company Act of the application should be approved. which hold aggregate deposits of $785 1956 (12 UJS.C. 1842(a)(1)) and § 222.3 It is hereby ordered, On the basis of million, representing 5.6 percent of total (a) of Federal Reserve Regulation Y (12 the Board’s findings summarized above, commercial bank deposits held by CFR 222.3(a)), an application by Alamo that said application be and hereby is Florida’s banks, and is the State’s third Bancshares, Inc., San Antonio, Tex., for approved : Provided, That the acquisition largest banking organization. (All bank­ the Board’s prior approval of action so approved shall not be consummated ing data are as of December 31, 1970, whereby Applicant would become a bank (a) before the 30th calendar day follow­ and reflect holding company formations holding company through the acquisition ing the date of this order or (b) later and acquisitions approved by the Board of 100 percent of the voting shares (less than 3 months after the date of this through July 31, 1971.) Applicant’s ac­ directors’ qualifying shares) of the suc­ order, unless such period is extended for quisition of Bank, with deposits of ap­ cessor by merger to The Alamo National good cause by the Board or by the Fed­ proximately $13 million, would not Bank of San Antonio (Bank), San An­ eral Reserve Bank of Dallas pursuant to represent a significant increase in Appli­ tonio, Tex. delegated authority. cant’s share of total deposits in the The bank into which Bank is to be By order of the Board of Governors,1 State. merged has no significance except as a August 26,1971. The area served by Bank has an esti­ vehicle for the acquisition of the voting mated population of 152,000 and is com­ shares of Bank. Accordingly, the pro­ [ s e a l ] T y n a n S m it h , prised of the city of Fort Lauderdale and posed acquisition of the shares of the Secretary. a small adjacent area west of the city. successor organization is treated as a [FR Doc.71-12849 Filed 9-l-71;8:47 am ] Bank, as the second smallest of the 19 proposed acquisition of the shares of area banks, controls only 1.7 percent of Bank. the total deposits of over $751 million in As required by section 3(b) of the Act, BARNETT BANKS OF FLORIDA, INC. the area. Bank’s sole office is located the Board gave written notice of receipt Order Approving Acquisition of Bank within a few blocks of three large banks in downtown Fort Lauderdale that have o f the application to the Comptroller of Stock by Bank Holding Company the Currency, and requested his views combined deposits of over $384 million, and recommendation. The Comptroller In the matter of the application of representing 51 percent of total deposits offered no objection to approval of this Barnett Banks of Florida, Inc., Jackson­ in the area. No significant competition application. ville, Fla., for approval of the acquisition exists between any of Applicant’s group Notice of receipt of the application was of 80 percent or more of the voting shares of banks and Bank. Applicant’s subsid­ miles published in the F ederal R eg ister on of Central Bank in Fort Lauderdale, Fort iary closest to Bank is located 11 July 13, 1971 (36 F.R. 13066), providing Lauderdale, Fla. south of Fort Lauderdale in Hollywood, an opportunity for interested persons to There has come before the Board of Fla. In the intervening area, there are submit comments and views with respect Governors, pursuant to section 3 (a )(3 ) six banks, an airport complex, and a to the proposal. A copy of the application of the Bank Holding Company Act of arge sparsely settled region. It. appears was forwarded to the U.S. Department of 1956 (12 U.S.C. 1842(a) (3 )) and § 222.3 chat acquisition of Bank by Applicant Justice for its consideration. Time for (a) of Federal Reserve Regulation Y vould not eliminate meaningful existing filing comments and views has expired (12 CFR 222.3(a)), an application by competition, nor foreclose any significant and all those received have been con­ Barnett Banks of Florida, Inc. (Appli- amount of potential competition. Such sidered. acquisition may have procompetitive affects in the Fort Lauderdale‘area by The Board has considered the appli­ 1 Voting for this action: Governors Mitchell, strengthening Bank’s ability to compete cation in the light of the factors set forth Maisel, Brimmer, and Sherrill. Absent and in section 3(c) of the Act, including the not voting: Chairman Burns and Governors effect of the proposed acquisition on Robertson and Daane. operating therein.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17629

Based upon the record, the Board con­ whose effect in any section of the country consideration the financial and man­ cludes that consummation of the pro­ may be substantially to lessen competi­ agerial resources and future prospects of posed acquisition would have no signifi­ tion, or to tend to create a monopoly, or the company or companies and the banks cant adverse effect on competition in any which in any other manner would be in concerned, and the convenience and relevant area. The financial condition restraint of trade, unless the Board finds needs of the community to be served. and management of Applicant and its that the anticompetitive effects of the Not later than thirty (30) days after present subsidiaries appear to be gen­ proposed transaction are clearly out­ the publication of this notice in the F ed ­ erally satisfactory and prospects for the weighed in the public interest by the eral R e g ister , comments and views re­ group seem favorable. The financial con­ probable effect of the transaction in garding the proposed acquisition may be dition and management of Bank are re­ meeting the convenience and needs of the filed with the Board. Communications garded as satisfactory, and Bank’s fu­ community to be served. should be addressed to the Secretary, ture prospects should be enhanced by its Section 3(c) further provides that, in Board of Governors of the Federal Re­ affiliation with Applicant. Applicant every case, the Board shall take into con­ serve System, Washington, D.C. 20551. proposes to assist Bank in improving its sideration the financial and managerial The application may be inspected at the operations in lending, investments, and resources and future prospects of the office of the Board of Governors or the auditing, and also to furnish personnel company or companies and the banks Federal Reserve Bank of Dallas.. and provide Bank with additional capitei. concerned, and the convenience and Considerations relating to the conven­ needs of the community to be served. Board of Governors of the Federal Re­ serve System, August 26, 1971. ience and needs of the communities to Not later than thirty (30) days after be served are consistent with approval the publication of this notice in the F ed ­ [ s e a l ] T y n a n S m it h , of the application. It is the Board’s judg­ eral R eg ister , comments and views re­ Secretary. ment that consumniation of the pro­ garding the proposed acquisition may be [FR Doc.71-12856 FUed 9-l-71;8:48 am] posed acquisition would be in the public filed with the Board. Communications interest and that the application should should be addressed to the Secretary, be approved. Board of Governors of the Federal Re­ It is hereby ordered, On the basis of serve System, Washington, D.C. 20551. FIRST SOUTHWEST the Board’s findings summarized above, The application may be inspected at the BANCORPORATION, INC. office of the Board of Governors or the that said application be and hereby is Notice of Application for Approval of approved: Provided, That the action so Federal Reserve Bank of Dallas. Acquisition of Shares of Bank approved shall not be consummated (a) Board of Governors of the Federal Re­ before the 30th calendar day following serve System, August 26,1971. Notice is hereby given that application the date of this order, or (b) later than has been made, pursuant to section 3(a) 3 months after the date of this order, [ s e a l ] T y n a n S m it h , (3) of the Bank Holding Company Act unless such time be extended for good Secretary. of 1956 (12 U.S.C. 1842(a)(3)), by First cause by the Board, or by the Federal [FR Doc.71-12854 Filed 9-1-71;8:47 am] Southwest Bancorporation, Inc., which Reserve Bank of Atlanta pursuant to is a bank holding-company located in delegated authority. Waco, Tex., for prior approval by the FIRST SOUTHWEST By order of the Board of Governors,1 Board of Governors of the acquisition by August 26, 1971. BANCORPORATION, INC. applicant of 100 percent of the voting shares (less directors’ qualifying shares) [ seal] T y n a n S m it h , Notice of Application for Approval of of the successor by reorganization to the Secretary. Acquisition of Shares of Bank First Bank and Trust of Richardson, [FR Dofc.71-12850 FUed 9-l-71;8:47 am] Notice is hereby given that application Richardson, Tex. has been made, pursuant to section 3(a) Section 3(c) of the Act provides that (3) of the Bank Holding Company Act of the Board shall not approve: FIRST SOUTHWEST 1956 (12 U.S.C. 1842(a)(3)), by First (1) Any acquisition or merger or con­ BANCORPORATION, INC. Southwest Bancorporation, Inc., which is solidation under section 3 which would Notice of Application for Approval of a bank holding company located in Waco, result in a monopoly, or which would be Tex., for prior approval by the Board of in furtherance of any combination or Acquisition of Shares of Bank Governors of the acquisition by applicant conspiracy to monopolize or to attempt Notice is hereby given that application of 100 percent of the voting shares (less to monopolize the business of banking in has been made, pursuant to section 3(a) directors’ qualifying shares) of the suc­ any part of the United States, or (3) of the Bank Holding Company Act of cessor by reorganization to the East (2) Any other proposed acquisition or 1956 (12 U.S.C. 1842(a)(3)), by First Texas Bank & Trust Co., Longview, Tex. merger or consolidation under section 3 Southwest Bancorporation, Inc., which is Section 3(c) of the Act provides that whose effect in any section of the country a bank holding company located in Waco, the Board shall not approve: may be substantially to lessen competi­ Tex., for prior approval by the Board of (1) Any acquisition or merger or con­ tion, or to tend to create a monopoly, or Governors of the acquisition by appli­ solidation under section 3 which would which in any other manner would be in cant of 100 percent of the voting shares result in a monopoly, or which would be restraint of trade, unless the Board (less director^’ qualifying shares) of the in furtherance of any combination or finds that the anticompetitive effects of successor by reorganization to Bellmead conspiracy to monopolize or to attempt the proposed transaction are clearly out­ State Bank, Bellmead, Tex. to monopolize the business of banking weighed in the public interest by the Section 3(c) of the Act provides that in any part of the United States, or probable effect of the transaction in the Board shall not approve: (2) Any other proposed acquisition or meeting the convenience and needs of (1) Any acquisition or merger or con­ merger or consolidation under section 3 the community to be served. solidation under section 3 which would whose effect in any section of the coun­ Section 3(c) further provides that, in result in a monopoly, or which would be try may be substantially to lessen com­ every case, the Board shall take into con­ furtherance of any combination or petition, or to tend to create a monopoly, sideration the financial and managerial conspiracy to monopolize or to attempt or which in any other manner would be resources and future prospects of the to monopolize the business of banking in in restraint of trade, unless the Board company or companies and the banks any P&rt of the United States, or finds that the anticompetitive effects of concerned, and the convenience and (2) Any other proposed acquisition or the proposed transaction are clearly out­ needs of the community to be served. merger or consolidation under section 3 weighed in the public interest by the Not later than thirty (30) days after probable effect of the transaction in the publication of this notice in the , Voting for this action: Governors M it- meeting the convenience and needs of F ederal F e g ist e r , comments and views cneu, Maisel, Brimmer, and SherrUl. Absent the community to be served. regarding the proposed acquisition may ana not voting: Chairman Burns and Gov­ Section 3(c) further provides that, in be filed with the Board. Communications ernors Robertson and Daane. every case, the Board shall take into should be addressed to the Secretary,

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17630 NOTICES

Board of Governors of the Federal Re­ FIRST SOUTHWEST is a bank holding company located in serve System, Washington, D.C. 20551. BANCORPORATION, INC. Jacksonville, Fla., for prior approval by The application may be inspected at the the Board of Governors of the acquisition office of the Board of Governors or the Notice of Application for Approval of by applicant of 80 percent or more of the Federal Reserve Bank of Dallas. Acquisition of Shares of Bank voting shares of Ormond Beach First Na­ tional Bank, Ormond Beach, Fla. Board of Governors of the Federal Re­ Notice is hereby given that applica­ serve System, August 26, 1971. Applicant’s banks were controlled by tion has been made, pursuant to section the duPont Trust which was required by [ s e a l ] T y n a n S m it h , 3 (a )(3 ) of the Bank Holding Company the 1966 amendments to the Act to divest Secretary. Act of 1956 (12 U.S.C. 1842(a)(3)), by either its banking or its nonbanking First Southwest Bancorporation, Inc., [PR Doc.71-12855 Filed 9-l-71;8:47 am] assets by July 1, 1971. The Board has which is a bank holding company located under review the Trust’s contention in Waco, Tex., for prior approval by the that it is not a bank holding company FIRST SOUTHWEST Board of Governors of the acquisition by with respect to banks controlled by ap­ BANCORPORATION, INC. applicant of 100 percent of the voting plicant. Processing of the present appli­ shares (less directors’ qualifying shares) cation is not intended to reflect acquies­ Notice of Application for Approval of of the successor by merger to Sabine Na­ cence by the Board in the Trust’s Acquisition of Shares of Bank tion al Bank of Port Arthur, Port Arthur, contention. Tex. Section 3(c) of the Act provides that Notice is hereby given that application Section 3(c) of the Act provides that the Board shall not approve: has been made, pursuant to section 3(a) the Board shall not approve: (1) Any acquisition or merger or con­ (3) of the Bank Holding Company Act (1) Any acquisition or merger or con­ solidation under section 3 which would of 1956 (12 U.S.C. 1842(a)(3)), by First solidation under section 3 which would result in a monopoly, or which would be Southwest Bancorporation, Inc., which result in a monopoly, or which would be in furtherance of any combination or is a bank holding company located in in furtherance of any combination or conspiracy to monopolize or to attempt Waco, Tex., for prior approval by the- conspiracy to monopolize or to attempt to monopolize the business of banking in Board of Governors of the acquisition by to monopolize the business of banking in any part of the United States, or applicant of 100 percent of the voting any part of the United States, or (2) Any other proposed acquisition or shares (less directors’ qualifying shares) (2) Any other proposed acquisition or merger or consolidation under section 3 of the successor by merger to The Kilgore merger or consolidation under section 3 whose effect in any section of the coun­ National Bank of Kilgore, Tex. ' whose effect in any section of the coun­ try may be substantially to lessen com­ Section 3(c) of the Act provides that try may be substantially, to lessen com­ petition, or to tend to create a monopoly, the Board shall not approve: petition, or to tend to create a monopoly, or which in any other manner would be (1) Any acquisition or merger or con­ or which in any other manner would be in restraint of trade, unless the Board solidation under section 3 which would in restraint of trade, unless the Board finds that the anticompetitive effects of result in a monopoly, or which would be finds that the anticompetitive effects of the proposed transaction are clearly out­ in furtherance of any combination or the proposed transaction are clearly out­ weighed in the public interest by the conspiracy to monopolize or to attempt weighed in the public interest by the probable effect of the transaction in to monopolize the business of banking probable effect of the transaction in meeting the convenience and needs of in any part of the United States, or meeting the convenience and needs of the the community to be served. (2) Any other proposed acquisition or community to be served. merger or consolidation under section 3 Section 3(c) further provides that, in Section 3(c) further provides that, in whose effect in any section of the country every case, the Board shall take into con­ every case, the Board shall take into con­ may be substantially to lessen competi­ sideration the financial and managerial sideration the financial and managerial tion, or to tend to create a monopoly, or resources and future prospects of the resources and future prospects of the which in any other manner would be company or companies and the banks company or companies and the banks in restraint of trade, unless the Board concerned, and the convenience and concerned, and the convenience and finds that the anticompetitive effects of needs of the community to be served. needs of the community to be served. the proposed transaction are clearly out­ Not later than thirty (30) days after Not later than thirty (30) days after weighed in the public interest by the the publication of this notice in the F ed­ the publication of this notice in the F ed­ probable effect of the transaction in eral R eg ist e r , comments and views re­ eral R e g ister , comments and views re­ meeting the convenience and needs of garding the proposed acquisition may be garding the proposed acquisition may bS filed with the Board. Communications the community to be served. filed with the^ Board. Communications Section 3(c) further provides that, in should be addressed to the Secretary, every case, the Board shall take into con­ should be addressed to the Secretary, Board of Governors of the Federal Re­ sideration the financial and managerial Board of Governors of the Federal Re­ serve System, Washington, D.C. 20551. resources and future prospects of the serve System, Washington, D.C. 20551. The application may be inspected at the company or companies and the banks The application may be inspected at the office of the Board of Governors or the concerned, and the convenience and office of the Board of Governors of the Federal Reserve Bank of Atlanta. needs of the community to be served. Federal Reserve Bank of Dallas. Board of Governors of the Federal Re­ Not later than thirty (30) days after serve System, August 26, 1971. Board of Governors of the Federal Re­ the publication of this notice in the F ed­ serve System, August 26,1971. [ s e a l ] T y n a n S m it h , eral R eg ist e r , comments and views re­ Secretary. [ s e a l ] T y n a n S m it h , garding the proposed acquisition may be [FR Doc.71-12848 Filed 9- 1- 71;8:47 am] filed with the Board. Communications Secretary. [FR Doc.71-12852 Filed 9-1-71;8:47 am] should be addressed to the Secretary, MERCANTILE BANKSHARES CORP. Board of Governors of the Federal Re­ serve System, Washington, D.C. 20551. FLORIDA NATIONAL BANKS OF Order Approving Acquisition of Bank The application may be inspected at the* FLORIDA Stock by Bank Holding Company office of the Board of Governors or the In the matter of the application of Federal Reserve Bank of Dallas. Notice of Application for Approval of Mercantile Bankshares Corp., Baltimore, Acquisition of Shares of Bank Md., for approval of acquisition of 80 Board of Governors of the Federal Re­ percent or more of the voting shares of serve System, August 26, 1971. Notice is hereby given that applica­ tion has been made, pursuant to section The Chestertown Bank of Maryland, [ s e a l] T y n a n S m it h , 3 (a )(3 ) of the Bank Holding Company Chestertown, Md. Secretary. Act of 1956 (12 UB.C. 1842(a)(3)), by There has come before the Board of [FR Doc.71-12853 Filed 9-1-71:8:47 am] Florida National Banks of Florida, which Governors, pursuant to section 3(a)(3)

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17631 of the Bank Holding Company Act of or any of Applicant’s other offices. It does of securities exchanges and the relation­ 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 not appear that consummation of this ship of such a system to other securities (a) of Federal Reserve Regulation Y (12 proposal would foreclose significant markets. CFR 222.3(a)), an application by Mer­ potential competition in the light of the (2) So-called “institutional member­ cantile Bankshares Corp. (Applicant), facts of record, notably, the distances ship” on exchanges including (i) ex­ Baltimore, Md., a registered bank holding involved and the unlikelihood that Ap­ change membership by financial insti­ company, for the Board’s prior approval plicant would enter Bank’s market de tutions (such as insurance companies, of the acquisition of 80 percent or more novo. Consummation of Applicant’s pro­ trust companies, foundations, invest­ of the voting shares of The Chestertown posed acquisition would represent the ment companies and pension funds); Bank of Maryland (Bank), Chester­ third entry of a statewide banking orga­ (ii) exchange membership by affiliates of town, Md. nization into the area, and it does not financial institutions such as their in­ As required by section 3(b) of the Act, appear that any of the competing banks vestment advisers, managers, parents, the Board gave written notice of receipt would be adversely affected thereby. subsidiaries, or other affiliates, who may of the application to the Maryland Bank Based upon the foregoing, and the rec­ utilize such memberships either to Commissioner, and requested his views ord before it, the Board concludes that execute portfolio transactions for an and recommendation. The Deputy Bank consummation of the proposed acquisi­ institutional affiliate or in one way or Commissioner recommended approval of tion would not have an adverse effect on another to facilitate the recapture of the application. competition in any relevant market. The commissions by an institution or to con­ Notice of receipt of the application was banking factors, as they relate to Ap­ duct a general securities business as an exchange member, or any combination published in the F ederal R e g ister on plicant, its subsidiaries, and Bank, and July 10, 1971 (36 F.R.13004), providing considerations relating to the conven­ of the foregoing; (iii) exchange mem­ an opportunity for interested persons to ience and needs of the communities to be bership by other organizations whose primary business may not be that of a submit comments and views with respect served, are regarded as consistent with broker or dealer or their affiliates; (iv) to the proposal. A copy of the application approval of the application. It is the whether and the conditions under which was forwarded to the U.S. Department of Board’s judgment that consummation of any of the foregoing persons should be Justice for its consideration. Time for the proposed transaction would be in the permitted to engage in the business of filing comments and views has ex­ public interest, and that the application a broker or dealer hi securities (aside pired and all those received have been should be approved. from acting as underwriters for the considered. It is hereby ordered, For the reasons summarized above, that said application shares of one or more investment com­ The Board has considered the applica­ panies) ; tion in the light of the factors set forth be and hereby is approved; Provided, That the acquisition so approved shall (3) Restrictions on access of nonmem­ in section 3(c) of the Act, including the bers to exchange markets and of ex­ eifect of the proposed acquisition on not be consummated (a) before the 30th calendar day following the date of this change members to the third market; competition, the financial and mana­ (4) The reasons for differing regula­ gerial resources and future prospects of order or (b) later than 3 months after the date of this order, unless such pe­ tion of securities markets and the kind the Applicant and the banks concerned, of additional or modified regulation, if and the convenience and needs of the riod is extended for good cause by the Board, or by the Federal Reserve Bank any, which may be needed; communities to be served, and finds that: (5) The need for additional disclosure Applicant, the sixth largest banking of Richmond pursuant to delegated authority. of information on prices, volume and organization in Maryland, controls four quotations in all markets, and the nature banks which hold combined deposits of By order of the Board of Governors,1 thereof through a composite tape or approximately $266 million, represent­ August 26,1971. otherwise; and ing 4.9 percent of the total commercial [ s e a l ] T y n a n S m it h , (6) Competition among exchanges bank deposits held by Maryland banks. Secretary. and between exchanges and other (All banking data are as of December 31, markets. 1970, adjusted to reflect holding com­ [P R Doc.71-12851 Filed 9-1-71;8:47 am] The facts to be adduced at the hearings pany formations and acquisitions with respect to the above matters would through July 31, 1971.) Upon acquisition also be relevant to an understanding of of The Chestertown Bank of Maryland the development of short-term and long­ ($16 million deposits) , Applicant would SECURITIES AND EXCHANGE term changes in the structure of the se­ increase its share of deposits in the State curities markets and to the appropriate by only 0.3 percentage points, represent­ COMMISSION regulatory response thereto. ing no significant increase in Applicant’s The Commission invites all interested control of deposits in the State, or [Release No. 34-9315] persons to submit their views by means change in its present ranking. PROPOSED NATIONAL SYSTEM OF of written submissions for inclusion in Bank operates its main office in SECURITIES EXCHANGES the record. Interested persons may also Chestertown and a branch 16 miles appear at the hearings. Such persons northeast in the town of Galena, both Notice of Hearing should promptly notify the Office of the of which are located in Kent County. A The Securities and Exchange Com­ Secretary, Securities and Exchange Com­ second branch is located in the com­ mission today announced that it will mission, Washington, D.C. 20549, (202) munity of Church Hill, in Queen Annes hold a public investigatory hearing pur­ 755-1160 of their desire to appear. They County, 9 miles southeast of the main suant to section 21(a) of the Exchange should file as promptly as possible with office. In the northern one-half of Queen Act at 10 a.m., October 12, 1971, at the the hearing officer a brief description in Annes County and all of Kent County Commission’s headquarters, 500 North the form of an offer of proof of the scope (Bank’s relevant market), Bank holds Capitol Street N.W., Washington, DC of the evidence to be presented. The the largest amount, or 28.4 percent, of 20549. This hearing will receive testi­ hearing officer, however, is authorized to deposits; however, there are seven bank­ mony and relevant data concerning the limit presentations to written submis­ ing organizations competing in said mar following matters: sions whenever he deems that oral ket, including the largest and the flit testimony would unduly delay the largest banking organization in the State (1) The desirability, structure, and proceedings. Applicant’s subsidiary office closest t means of developing a national system Bank is located 40 miles away via a to: [ s e a l ] T h eodo re L. H u m e s , 1 Voting for- this action: Governors Associate Secretary. bridge across the Chesapeake Bay, an Mitchell, Maisel, Brimmer, and Sherrill. apparently no significant present compe Absent and not voting: Chairman Burns and A u g u s t 26, 1971. , tition exists between Bank and this office Governors Robertson and Daane. [P R Doc.71-12840 Piled 9-1-71;8:46 am]

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 No. 171------11 17632 NOTICES

[Pile Nos. 7-3614-7-3816] (c) (5) of the Securities Exchange Act Equity Funding Corp. of America, Warrants of 1934, that trading in such securities (expiring Dec. 1, 1975), Pile No. 7-3817. AETNA LIFE AND CASUALTY CO. otherwise than on a national securities Upon receipt of a request, on or before ET AL. exchange be summarily suspended, this , 1971, from any interested Notice of Applications for Unlisted order to be effective for the period Au­ person, the Commission will determine Trading Privileges and of Oppor­ gust 29,1971, through September 7,1971. whether the application shall be set down By the Commission. for hearing. Any such request should tunity for Hearing state briefly the nature of the interest of [ s e a l ] T h eodo re H u m e s , A u g u s t 23, 1971. L. the person making the request and the Associate Secretary. In the matter of applications of the position he proposes to take at the hear­ Detroit Stock Exchange for unlisted [FR Doc.71-12838 Piled 9-l-71;8:46 am] ing, if ordered. In addition, any interested trading privileges in certain securities. person may submit his views or any addi­ tional facts bearing on the said applica­ The above named national securities [Pile No. 1-4847] exchange has filed applications with the tion by means of a letter addressed to the Securities and Exchange Commission ECOLOGICAL SCIENCE CORP. Secretary, Securities and Exchange Com­ mission, Washington, D.C. 20549, not pursuant to section 12(f) (1) (B) of the Order Suspending Trading Securities Exchange Act of 1934 and Rule later than the date specified. If no one 12f-l thereunder, for unlisted trading A u g u s t 26, 1971. requests a hearing, this application will privileges in the common stocks of the The common stock, 2 cents par value, be determined by order of the Commis­ following companies, which securities of Ecological Science Corp. being traded sion on the basis of the facts stated are listed and registered on one or more on the American Stock Exchange, the therein and other information contained other national securities exchanges: Philadelphia - Baltimore - Washington in the official flies of the Commission per­ taining thereto. File No. Stock Exchange and the Pacific Coast Aetna Life and Casualty Co------7-3814 Stock Exchange, pursuant to provisions For the Commission (pursuant to dele­ Duke Power Co______7-3815 of the Securities Exchange Act of 1934 gated authority). , Inc------7-3816 and all other securities of Ecological [ s e a l ] R o n a l d F. H u n t , Upon receipt of a request, on or before Science Corp. being traded otherwise Acting Associate Secretary. than on a national securities exchange; September 7, 1971 from 'any interested [P R Doc.71-12843 Piled 9-l-71;8:46 am] person, the Commission will determine and whether the application with respect to It appearing to the Securities and Ex­ any of the companies named shall be set change Commission that the summary [70-5064] suspension of trading in such security on down for hearing. Any such request GPU SERVICE CORP. AND GENERAL should state briefly the title of the secu­ such exchanges and otherwise than on a rity in which he is interested, the nature national securities exchange is required PUBLIC UTILITIES CORP. of the interest of the person making the in the public interest and for the protec­ tion of investors: Notice of Proposed Issue and Sale of request, and the position he proposes to Notes to Banks take at the hearing, if ordered. In addi­ It is ordered, Pursuant to sections 15 (c) (5) and (19(a) (4) of the Securities tion, any interested person may submit A u g u s t 26, 1971. Exchange Act of 1934, that trading in his views or any additional facts bearing Notice is hereby given that General on any of the said applications by means such securities on the above mentioned exchanges and otherwise than on a na­ Public Utilities Corp. (G P U ), 80 Pine of a letter addressed to the Secretary, Street, New York, N Y 10005, a registered Securities and Exchange Commission, tional securities exchange be summarily suspended, this order to be effective for holding company, and its newly-orga­ Washington, D.C. 20549, not later than the period August 27, 1971, through Sep­ nized subsidiary service company, GPU the date specified. I f no one requests a tembers, 1971. Service Corp. (Service Company), have hearing with respect to any particular filed a declaration and an amendment application, such application will be de­ By the Commission. thereto with this Commission pursuant termined by order of the Commission on [ s e a l ] T h eo do re L. H u m e s , to the Public Utility Holding Company the basis of the facts stated therein and Associate Secretary. Act of 1935 (A c t), designating sections 6, other information contained in the 7, and 12 of the Act as applicable to the official files of the Commission pertaining [PR Doc.71-12847 Piled 9-l-71;8:47 am ] proposed transactions. All interested per­ thereto. sons are referred to the declaration, For the Commission (pursuant to dele­ [Pile No. 7-3817] which is summarized below, for a gated authority). complete statement of the proposed EQUITY FUNDING CORP. OF transactions. [ s e a l ] R o n a ld F. H u n t , AMERICA It is proposed that Service Company, Acting Associate Secretary. Notice of Application for Unlisted from time to time but not later than [P R Doc.71-12842 Piled 9-l-71;8:46 am ] June 30,1973, issue and sell its unsecured Trading Privileges and of Oppor­ promissory notes maturing June 30,1973, tunity for Hearing to a group of not more than eight com­ [File No. 1-3421] A u g u s t 23, 1971. mercial banks in the Reading, Pa., area up to $8,800,000 outstanding at any one CONTINENTAL VENDING MACHINE In the matter of application of CORP. time and that GPU guarantee the pay­ the Philadelphia-Baltimore-Washington ment o f principal and interest on such Order Suspending Trading Stock Exchange for unlisted trading borrowings by Service Company. Each privileges in a certain security. such borrowing will bear interest at the A u g u s t 27, 1971. The above-named national securities prime interest rate (presently 6 percent exchange has filed an application with It appearing to the Securities and Ex­ per annum) for corporate borrowings change Commission that the summary the Securities and Exchange Commission suspension of trading in the common pursuant to section 1 2 (f)(1 )(B ) of the generally in effect in the Reading, Pa., stock, 10 cents par value of Continental Securities Exchange Act of 1934 and Rule area and will be prepayable in part or Vending Machine Corp., and the 6 per­ 12f-l thereunder, for unlisted trading in whole by Service Company at any time cent convertible subordinated debentures privileges in the warrants to purchase without premium. It is stated that, al­ due September 1, 1976, being traded common stock of the following company, though no commitments have been made, otherwise than on a national securities it is presently anticipated that the follow­ exchange is required in the public in­ which security is listed and registered on terest and for the protection of investors; one or more other national securities ing banks will participate in the loans up I t is ordered, Pursuant to section 15 exchanges; to the following maximum amounts:

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17633

National Central Bank, Reading, amended, may be permitted to become Applicant was organized under the ______— $5, 000, 000 effective as provided in rule 23 of the corporate name of New Maverick Fund, American Bank and Trust Co. of general rules and regulations promul­ Inc., on August 5, 1969, by Maverick pa., Reading, Pa------4, 000, 000 Bank of Pennsylvania, Reading, gated under the Act, or the Commission Fund, Inc. (Old Maverick), a Delaware P a ______1, 500, 000 may grant exemption from such rules as corporation which was primarily en­ National Bank of Boyertown, Pa_ 300, 000 provided in Rules 20(a) and 100 thereof gaged in the business of a private invest­ The Farmers National Bank of or take such other action as it may deem ment company. On , 1969, Old Ephrata, Pa------— 100, 000 appropriate. Persons who request a hear­ Maverick was merged into Applicant and The First National Bank of Lees- ing or advice as to whether a hearing is its corporate name was assumed by Ap­ port, Pa______—------100, 000 ordered will receive notice of further plicant. Applicant represents that fol­ The Hamburg Savings & Trust developments in this matter, including Co., Hamburg, Pa------100, 000 lowing the merger with Old Maverick, it The Kutztown National Bank, the date of the hearing (if ordered) and proposed to make a public offering of its Kutztown, Pa______' 100, 000 any postponements thereof. securities and to engage in investment It is contemplated that the banks from For the Commission, by the Division of company activities. In this connection, which such borrowing will be made will Corporate Regulation, pursuant to dele­ Applicant registered as an investment not require compensating balances with gated authority. company under the Act and registered its respect to the lines of credit provided securities under the Securities Act of T h eo do re L.' H u m e s , 1933. The application states that Appli­ by them for the subject loan, but will Associate Secretary. require compensating balances equal to cant has determined not to proceed with [FR Doc.71-12845 Filed 9-l-71;8:46 am] 20 percent of amounts actually borrowed. its proposed activities and that its re­ Service Company computes its effective quest for withdrawal of its registration rate of interest at 7.5 percent per annum [File No. 500-1] statement under the Securities Act of based on the current prime rate of 6 INTERNATIONAL SHELTERS, INC. 1933 was granted by the Commission on percent and assuming compensating bal­ April 20, 1971. The application further ances equal to 20 percent of the amounts Order Suspending Trading states that Applicant no longer proposes to make a public offering of its securities. actually borrowed. There are no com­ A u g u s t 26, 1971. mitment fees or closing costs required. It appearing to the Securities and Ex­ Applicant represents that it has never Service Company proposes to use the change Commission that the summary made a public offering of its securities. proceeds of the subject borrowings to suspension of trading in the common Applicant further represents that Old finance the construction and partially stock of International Shelters, Inc., a Maverick sold an aggregate of 28,491 shares to 10 shareholders in a nonpublic equip a building which it intends to erect Texas corporation, and all other securi­ on a tract of approximately 20% acres ties of International Shelters, Inc. being offering and one share of Applicant was at the Reading Municipal Airport, Read­ sold at the time of Applicant’s organiza­ ing, Pa. Such building would be used as traded otherwise than on a national tion. Of the 28,492 shares of Applicant securities exchange is required in the the headquarters office for Service Com­ outstanding from and after the merger pany personnel. It is currently estimated public interest and for the protection of with Old Maverick, an aggregate of 4,135 that the construction of the building will investors : such shares have, at various times, been require l%-2 years to complete and that It is ordered, Pursuant to section redeemed at net asset value by three in­ it will cost approximately $6,200,000. The 15(c) (5) of the Securities Exchange Act dividual shareholders and the only se­ declaration states that the amount of of 1934, that trading in such securities curities Applicant presently has out­ the borrowing authority proposed herein otherwise than on a national securities standing are 24,357 shares held by seven makes provision for the possibility of cost exchange by summarily suspended, this shareholders. As of June 22, 1971, Appli­ over-runs. Service Company anticipates order to be effective for the period Au­ cant had net assets in the amount of that it will seek long-term debt financ­ gust 26, 1971, 3:30 p.m., e.d.t., through $243,643, consisting principally of port­ ing to replace the proposed construction ,1971. folio securities and cash. Applicant rep­ loan financing at or about the time of By the Commission. resents that it has a total of 61 beneficial completion of the proposed building. holders of its shares. Forty-nine of these It is stated that estimated expenses [ s e a l ] T heodo re L. H u m e s , beneficial holders are shareholders of a (including legal fees) of Service Com­ Associate Secretary. corporation which held approximately 70 pany and GPU in connection with the [FR Doc.71-12844 Filed 9-1-71;8:46 am] percent of the outstanding securities of proposed transactions will be approxi­ Old Maverick and presently holds ap­ mately $4,000 and that no State or Fed­ proximately 82 percent of the outstand­ eral commission, other than this Com­ [812-2932, 811-1923] ing securities of Applicant. The applica­ mission, has jurisdiction over the pro­ MAVERICK ftJND, INC. tion states that on ■ the basis of the posed transactions. corporation’s audited financial state-^ Notice is further given that any inter­ Notice of Filing of Application for ments for its fiscal years ending Decern-* ested person may, not later than Sep­ Order Declaring That Company Has ber 31, 1968, 1969, and 1970, its invest­ tember 17, 1971, request in writing that Ceased To Be an Investment Com­ ment in the securities of Old Maverick a hearing be held on such matter, stating pany and Applicant were, at such dates, less the nature of his interest, the reasons for than one-half of 1 percent of its con­ such request, and the issues of fact or A u g u s t 27, 1971. solidated gross assets. In addition, the law raised by said declaration which he Notice is hereby given that Maverick application states that at no time to the desires to controvert; or he may request Fund, Inc. (Applicant), 283 South Union present has that corporation’s invest­ that he be notified if the Commission Street, Burlington, VT, a Massachusetts ments in Old Maverick and Applicant should order a hearing thereon. Any such corporation registered as an open-end, constituted more than 1 percent of its request should be addressed: Secretary, diversified, management investment com­ consolidated gross assets. Securities and Exchange Commission, pany under the Investment Company Section 3(c) (1) of the Act excepts from Washington, D.C. 20549. A copy of such Act of 1940 (A c t), has filed an applica­ the definition of an investment company request should be served, personally or tion pursuant to section 8 (f) of the Act any issuer whose outstanding securities by mail (airmail if the person being for an order of the Commission declar­ are beneficially owned by not more than served is located more than 500 miles 100 persons and which is not making and from the point of mailing) upon the ing that Applicant has ceased to be an investment company as defined in the does not presently propose to make a declarants at the above-stated address, public offering of its securities. and proof of service (by affidavit or, in Act. All interested persons are referred to the application, as amended, on file Section 8 (f) o f the Act provides, in c?se an attorney at law, by certificate) pertinent part, that when the Commis­ with the Commission for a statement of should be filed with the request. At any sion, upon application finds that a reg­ ume after said date, the declaration, as the representations set forth therein istered investment company has ceased amended or as it may be further which are summarized below. to be an investment company, it shall so

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17634 NOTICES

declare by order, and upon the taking Upon receipt of a request, on or before York, while Producers serves about 5,000 effect of such order the registration of September 7, 1971, from any interested customers in Allegany and Cattaraugas such company shall cease to be in effect. person, the Commission will determine Counties, N.Y. The service area of Iro­ Notice is further given that any inter­ whether the application with respect to quois surrounds that of Producers on the ested person may, not later than Sep­ any of the companies named shall be set north, east, and west. tember 16, 1971, submit to the Commis­ down for hearing. Any such request Pursuant to an order of this Commis­ sion in writing a request for hearing on should state briefly the title of the secur­ sion (Holding Company Act Release No. the matter accompanied by a statement ity in which he is interested, the nature 16527), National acquired all the Pro­ as to the nature of his interest, the rea­ of the interest of the person making the ducers stock with the express intention son for such request and the issues, if request, and the position he proposes to of eventually merging Iroquois and Pro­ any, of fact of law proposed to be contro­ take at the hearing, if ordered. In addi­ ducers. It is represented that the merger verted, or he may request that he be noti­ tion, any interested person may submit is merely a matter of achieving a simpler fied if the Commission should order a his views or any additional facts bearing corporate structure and achieving oper­ hearing thereon. Any such communica­ on any of the said applications by means ating economics. For the period immedi­ tion should be addressed: Secretary, Se­ of a letter addressed to the Secretary, ately following the merger, Producers’ curities and Exchange Commission, Securities and Exchange Commission, current rates for gas service will remain Washington, D.C. 20549. A copy of such Washington, D.C. 20549, not later than in effect as separate service classifica­ request shall be served personally or by the date specified. If no one requests a tions applicable to their customers alone. mail (airmail if the person being served hearing with respect to any particular Subsequent rate changes will be subject is located more than 500 miles from the application, such application will be de­ to the approval of the New York Public point of mailing) upon Applicant at the termined by order of the Commission on Service Commission. The assets and lia­ address stated above. Proof of such serv­ the basis of the facts stated therein and bilities of Producers, including the com­ ice (by affidavit or in case of an attorney other information contained in the offi­ mon stock equity accounts, will be at law by certificate) shall be filed con­ cial files of the Commission pertaining entered on the books of Iroquois exactly temporaneously with the request. At any thereto. as they stand on the books of Producers time after said date as provided by Rule For the Commission (pursuant to del­ at the time when the merger becomes 0-5 of the rules and regulations promul­ egated authority). effective, except that all intercompany gated under the Act, an order disposing items will be eliminated. of the application herein may be issued [ s e a l ] R o n a ld F. H u n t , It is stated that the New York Public by the Commission upon the basis of the Acting Associate Secretary. Service Commission has jurisdiction over information stated in said application, [FR Doc.71-12841 Filed 9-1-71;8:46 am] the proposed merger, and that no other unless an order for hearing upon said State commission and no Federal com­ application shall be issued upon request mission, other than this Commission, has [70-5067] or upon the Commission’s own motion. jurisdiction over the proposed trans­ Persons who request a hearing or advice NATIONAL FUEL GAS CO. ET AL. actions. The fees and expenses to be in­ as to whether a hearing is ordered will curred in connection with the proposed receive notice of further developments in Notice of Proposed Transactions Re­ transactions will be supplied by amend­ this matter, including the date of the lated to Merger of Subsidiary Com­ ment- hearing (if ordered) and any postpone­ panies Notice is further given that any inter­ ments thereof. A u g u s t 26, 1971. ested person may, not later than Septem­ For the Commission, by the Division Notice is hereby given that National ber 23, 1971, request in writing that a of Corporate Regulation, pursuant to del­ Fuel Gas Co. (National), 30 Rockefeller hearing be held on such matter, stating egated authority. Plaza, New York, N.Y. 10020, a regis­ the nature of his interest, the reasons tered holding company, and two of its for such request, and the issues of fact or [ s e a l ] T heodo re L. H u m e s , subsidiary companies, Iroquois Gas Corp. law raised by said application-declara­ Associate Secretary. (Iroquois), 10 Lafayette Square, Buffalo, tion, which he desires to controvert; or [P R Doc.71-12839 Piled 9-l-71;8:46 am] N Y 14203, and Producers Gas Co. (Pro­ he may request that he be notified if the ducers), 10 Lafayette Square, Buffalo, Commission should order a hearing thereon. Any such request should be ad­ [Piles Nos. 7-3818— 7-3821] NY 14203, have filed an application- declaration with this Commission pur­ dressed: Secretary, Securities and Ex­ MICROWAVE ASSOCIATES, INC., suant to the Public Utility Holding change Commission, Washington, D.C. 20549. A copy of such request ET AL. Company Act of 1935 (A c t), designating should be sections 6(a), 9(a), 11(e), and 12(c) and served personally or by mail (airmail if Notice of Applications for Unlisted Rules 43 and 44 promulgated thereunder the person being served is located more Trading Privileges and of Oppor­ as applicable to the proposed transac­ than 500 miles from the point of mailing) upon the applicants-declarants tunity for Hearing tions. All interested persons are referred at the to the application-declaration, which is above-stated addresses, and proof of , 1971. summarized below, for a complete state­ service (by affidavit or, in case of an In the matter of applications of ment of the proposed transactions. attorney at law, by certificate) should be the Philadelphia-Baltimore-Washington National, a corporation organized and filed with the request. At any time after Stock Exchange, for unlisted trading existing under the laws of the State of said date, the application-declaration, as privileges in certain securities. New Jersey, owns, except for short-term filed or as it may be amended, may be The above-named national securities notes, all of the outstanding securities of granted and permitted to become effec­ exchange has filed applications with the its four public utility subsidiary com­ tive as provided in Rule 23 of the general Securities and Exchange Commission panies, which distribute natural and rules and regulations promulgated under pursuant to section 12(f) (1) (B) of the mixed gas at retail to about 640,000 cus­ the Act, or the Commission may grant tomers. National proposes to merge two Securities Exchange Act of 1934 and exemption from such rules as provided in Rule I2f-1 thereunder, for unlisted trad­ of its wholly owned subsidiary companies, Rules 20(a) and 100 thereof or take ing privileges in the common stocks of Iroquois and Producers; Iroquois is to be such the following companies, which securities the surviving corporation. The 48,000 other action as it may deem appropriate. are listed and registered on one or more shares, $10 par value, of outstanding cap­ Persons who request a hearing or advice other national securities exchanges: ital stock of Producers will be canceled, as to whether a hearing is ordered will File No. and an additional 4,800 shares, $100 par receive notice of further developments value, of Iroquois stock will be issued to Microwave Associates, Inc______7-3818 in this matter, including the date National. of the National Homes Corp______7-3819 hearing (if ordered) and any postpone­ New Park Mining Co______7-3820 Iroquois distributes gas at retail to Robins, A. H. Co., Inc______7-3821 about 430,000 customers in western New ments thereof.

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 NOTICES 17635

For the Commission, by the Division of The petitioner has not requested a executive agencies of the Federal Gov­ Corporate Regulation, pursuant to dele­ public hearing. A hearing will be held on ernment in an electric .service rate gated authority. request of any other party showing a proceeding. proper interest in the subject matter of 2. Effective date. This regulation is ef­ [ seal] T heodo re L. H u m e s , Associate Secretary. the investigation, provided such request fective immediately. is filed within 10 days after the notice is 3. Delegation, a. Pursuant to the au­ [PR Doc.71-12846 Filed 9-1-71,'8:47 am] published in the F ederal R e g ist e r . thority vested in me by the Federal Prop­ Inspection of petition. The petition erty and Administrative Services Act of filed in this case is available for inspec­ 1949, 63 Stat. 377, as amended, particu­ tion at the Office of the Secretary, U.S. larly sections 201(a)(4) and 205(d) (40 TARIFF COMMISSION Tariff Commission, Eighth and E Streets, U.S.C. 481(a) (4) and 486(d) ), authority [TEA—F—30] NW., Washington, DC, and at the New is delegated to the Secretary of Defense York City office of the Tariff Commission to represent the consumer interests of WOLLENSAK, INC. the executive agencies o f . the Federal Petition for Determination of Eligibility located in Room 437 of the Customhouse. Government before the Arizona Corpo­ to Apply for Adjustment Assistance; Issued: August 30, 1971. ration Commission in a proceeding (Docket No. U-1345) involving the ap­ Notice of Investigation By order of the Commission. plication of the Arizona Public Service Investigation instituted. Upon peti­ [ s e a l ] K e n n e t h R . M a s o n , Co. for review of its electric plant facili­ tion under section 301(a)(2) of the Secretary. ties and electric revenues. Trade Expansion Act of 1962, filed by [FR Doc.71-12880 Filed 9-1-71;8:50 am] b. The Secretary of Defense may re­ Wollensak, Inc., Rochester, N.Y., the U.S. delegate this authority to any officer, Tariff Commission, on August 27, 1971, official, or employee of the Department instituted an investigation under section of Defense. 301(c)(1) of the said act to determine GENERAL SERVICES c. This authority shall be exercised in whether, as a result in major part of con­ accordance with the policies, procedures, cessions granted under trade agreements, and controls prescribed by the General articles like or directly competitive with ADMINISTRATION Services Administration, and, further, optical elements, whether mounted or [Federal Property Management Regs.; shall be exercised in cooperation with not mounted, and blanks for optical-ele­ Temporary Reg. F-118] the responsible officers, officials, and em­ ments (of the kinds described in items SECRETARY OF DEFENSE ployees thereof. 708.03 through 708.29 and items 540.65 R od K reger, and 540.67), all produced by the afore­ Delegation of Authority Acting Administrator mentioned firm, are being imported into of General Services. the United States in such increased 1. Purpose. This regulation delegates quantities as to cause, or threaten to authority to the Secretary of Defense to A u g u s t 26, 1971. cause serious injury to such firm. represent the consumer interests of the [FR Doc.71-12891 Filed 9-l-71;8:51 am]

FEDERAL REGISTER, VOL. 36, N O . 171— THURSDAY, SEPTEMBER 2, 1971 17636 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER 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 September.

3 CFR Page 14 CFR Page 30 CFR Page P roclamations : 39______17493Î17494 P roposed R u l e s : 4077 __ 17557 61— ______17495 4 0 a „ ______17546 4078 __ 17559 63______17495. 71______17495,17496,17575 32 CFR 5 CFR 91______— ______17495 199—— ______17508 213______17483, 17484, 17561 97______17575 121______17495 3 2A CFR 7 CFR 123______17495 OEP (Ch. I ) : 354______17484 127______:______17495 ES Reg. 1: 718______17485 135______17495 Circ. 6______17510 792______17561 P roposed R u l e s : Circ. 7__ ___ 17577 908______— 17563 39______17512 35 CFR 910______17485 71— _____ 17513,17588, 17589 1004______17491 5______— _____ 17509 1050______17492 18 CFR 1106______17492 41 CFR 17576 P roposed R u l e s : l - i ______17509 5A-1______101______17579 19 CFR 910______17579 9-5______9932____— 17579 P roposed R u l e s : 114-47—______17509 1001______17585 1 ______1 17579 42 CFR 1002______17585 1004______17586 21 CFR 37______1015—______17586 P roposed R u l e s : P roposed R u l e s : 1133______17588 295______—— _____17512 466—______17514 10 CFR 22 CFR 4 7 CFR 70______17573 P roposed R u l e s : 41______17496 1______17589 12 CFR 15______17589 24 CFR 524______17564 49 CFR 545______17564 4—______17496 P roposed R u l e s : P roposed R u l e s : 241______17506 17514 393______17513 222. 28 CFR 1048______17514 13 CFR 21— ______17506 50 CFR 121 ______17492 29 CFR 10— ...... ——______17565 P roposed R u l e s : 32 ______17510,17569- ■ 17572 17514 1911------17506 33 ______17572 121— ______

LIST OF FEDERAL REGISTER PAGES AND DATES— SEPTEMBER

Pages Date 17477-17549____ ——...... Sept. 1 17551-17636------2

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