THURSDAY, FEBRUARY 3, 1972 WASHINGTON, D.C. Volume 37X Number 23

Pages 2559-2636

S1934*

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. FURTHER EXEMPTING A. EVERETTE MacINTYRE FROM COMPULSORY RETIREMENT FOR AGE- Presidential Executive Order ...... 2565 DELEGATION OF FUNCTIONS-Presidential Memorandum for the Secretary of State ...... 2567 SMALL BUSINESS LOANS-SBA amendments relating to amusement and recreational enter- prises; effective 2-3-72- _... __,...... 2569 UNFAIR TRADE PRACTICES-FTC cease and desist orders relating to misrepresentations, de- ceptive advertising and flammable products (8 documents)..- 2575, 2576, 2578-2981 ENVIRONMENT-EPA approval and promulga- tion of certain State implementation plans; effec- tive 2-3-72 ...... ------2581 TELECOMMUNICATIONS-FCC policies and pro- cedures for consideration of applications to pro- vide specialized common carrier services in domestic public point-to-point microwave radio service; effective 3-10-72..---...... 2583 ENDANGERED SPECIES-Interior Dept. proposal adding certain species of mammals; comments within 30 days ...... 2589 DANGEROUS ARTICLES- FAA proposal on granting authority to pas- - sengers on airplanes to carry certain medicinal - and toilet articles formerly prohibited; com- ments by 5-3-72 ...... 2587 FAA proposal to amend deviation authority for the carriage by air of dangerous articles under certain conditions; comments by 5-3-72_- 2587 (Continued Inside) Order Microfilm Edition from Publications Sales Branch National Archives and Records Service Washington, D.C. 20408

u'nr~~iu~i~'rr'uTrn Published daily, Tuesday through Saturday (no publication on Sunday.", Mondays, or ,an the day after an official Federal holiday), by the Offce of thn Fcdcral Register', Nationid Area oe 202 F~o FE ,s+3,E e EGISTEPhone 962-.8626 Archives and Records Service, General Services Administration, Washington, D.C. 20101. A.e C pursuant to the authority contained In the Federal Register Act, approved July 20, 19iOr

(49 Stat. 500, as amended; 44 U.S.C., Ch, 15), under regulations prescribed by the Administrative Committee of the Federal Rnglsltor5 LpAP proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing onleo, Washington, D.C. 20402. The FEDERAL REGISTER will be furnished by mail to subscribers, free of postage, for 62.50 per month or ?25 per year, payablo 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 ehcok 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 OF 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 tho Superintendent of Documents. Prices of new books are listed In the first FEDERAL REGISTER issue of each month. There are no restrictions on the republication of material appearing In the FEDERAL REGISER or the CODE OF FED RTL REGULATION15. HIGHLIGHTS--Continued HAZARDOUS MATERIALS--DOT reopening com- INVESTMENT COMPANIES- ment period on proposal for cylinders manu- SEC proposal on advertising regulations; com- factured outside the United States; comments by ments by 2-29-72 ...... 2596 5-1-72 ------2588 SEC extension of time until 2-29-72 for com- ments on proposal relating to advertising and FEDERAL CREDIT UNIONS-National Credit summary prospectus ...... -.------2598 Union Admin. proposal on Federal Tort Claims Act procedure; comments by 3-7-72..- -...------2594 NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS-CSC proposal to effectuate pro- ENVIRONMENT- visions of Title VI of the Civil Rights Act of 1964; AEC notice of availability of the General Man- comments within 30 days ...... 2589 ager's final statements ------...... 2600 ANTIDUMPING-Treasury Dept. determination AEC notice of availability of applicant's sup- of sales at less than fair value regarding asbes- plemental report ------2601 tos-cement pipe from Japan ...... 2601

Contents

CIVIL SERVICE COMMISSION ENVIRONMENTAL PROTECTION THE PRESIDENT. Proposed Rule Making I AGENCY EXECUTIVE ORDER Nondiscrimination in federally Rules and Regulalions Further exempting A. Everette assisted programs ------2589 Air programs; approval and pro- Mcntyre from compulsory re- mulgation of Implementation tirement for age ------2565 COAST GUARD plans ...... ------2581 MEMORANDUM Proposed Rule Making FARMERS HOME Delegation of functions under sec- Puget Sound Area, Wash.; an- ADMINISTRATION tion 505 of Public Law 92-156-- 2567 chorage grounds ------2587 r- N-gulations Chattel security; security serv- EXECUTIVE- AGENCIES CONSUMER AND MARKETING Icing for speclal livestock loans; AGRICULTURE DEPARTMENT SERVICE deletion of subpart ------2569 see Consumer and marketing Notices FEDERAL AVIATION Service;. Farmers Home Ad- Grain standards: ADMINISTRATION ministration. Cairo, ill., grain Inspection point -2599 1 " J ZR=ulafions Port Arthur, Tex., grain inspec- Airworthiness directives: ATOMIC ENERGY COMMISSION tion point ------.---- 2600 Cessna airplanes e..... 2570 Navel oranges grown in Arizona McDonnell Douglas airplanes-- 2570 Notices and designated part of Call- Area high routes; designation---- 2572 General Manager's final environ- fornia; handling limltatlon---- 2569 Control area; revocation_ . 2571 mental statements; availabil- Control zones; alteration_ . 2570 ity ------2600 Control zones and transition ECONOMIC OPPORTUNITY Gulf General Atone Inc.; issu- areas; alterations (2 docu- ance of amended facility li- OFFICE ments) 2571, 2572 cense ------2600 IFR altitudes; miscellaneous Vermont Yankee Nuclear Power Notices amendments 2573 Corp.; availability of applicant's Marshall Kaplan, Guns and Transition area; designation---- 2571 supplemental environmental re- Kalin; contract award ...------2613 Proposed Rule Making port ------2601 Control zone and transition area; EMERGENCY PREPAREDNESS alteration 2587 CIVIL AERONAUTICS BOARD . OFFICE Medichial and toilet articles; ap- plicability - 2587 Notices Notices Transportation of dangerous ar- ATC bylaws investigation; post- ticles and magnetized materials; O'Connor, Albert D.; appoint- authority for deviation ...... 2588 ponement of prehearing con- ment as Federal Coordinating ference ------: --- 2601 Officer (2 documents) -...... 2613 (Contfnued o next page) 2561 2562 CONTENTS FEDERAL COMMUNICATIONS FISH AND WILDLIFE SERVICE NATIONAL CREDIT UNION COMMISSION Proposed Rule Making ADMINISTRATION Rules and Regulations Conservation of endangered spe- Proposed Rule Making Domestic public radio services cies and other fish and wildlife; Tort claims against the Govern- (other than maritime mobile); addition of certain species of ment; procedures ------2591 specialized common carrier serv- mammals ------2589 ices ------2583 SECURITIES AND EXCHANGE Notices GENERAL SERVICES COMMISSION Hearings, etc.: ADMINISTRATION Proposed Rule Making Bangor Broadcasting Corp. and Notices Investment company advertising Penobscot Broadcasting Corp. 2601 waxes, and polish and summary prospectus for Community Broadcasters, Inc, Floor finishes, investment companies ------2590 and Easton Broadcasting Co__ 2605 removers; industry specification Extension of time for submis. Neckritz, Alan F., and Lawrence development conference ------2608 sion of comments ...... 2598 2607 Use of commuted rate schedule or B. Ordower------aotual expense method------2608 Notices FEDERAL POWER COMMISSION Hearings,etc.: HAZARDOUS MATERIALS Dextra Corp ...... 2614 Notices DSI Designcard Services, Inc-.. 2014 Hearings,etc.: REGULATIONS BOARD Onifund, Inc ------2614 Car-Tex Producing Co. et al .... 2608 Propos'ed Rule Making Walton-Richardson Co ...... 2615 Scott, Russell, Jr., et al ------2611 Transportation of hazardous ma- SMALL BUSINESS terials; cylinders manufactured FEDERAL RESERVE SYSTEM outside U.S.; reopening for ad- ADMINISTRATION Notices ditional comments ..------2588 Rules and Regulations Industrial National Corp.; order Loan policy; business loans and approving acquisition of Ambas- INTERIOR DEPARTMENT guarantees ------2509 sador Factors Corp ------2612 Orders approving acquisition of See Fish and Wildlife Service; Notices banks: Land Management Bureau. Supervisory Loan Officer, Los An. Chemical New York Corp ------2611 geles District Office; delegation First Florida Bancorporation_ 2612 INTERSTATE COMMERCE of authority to conduct program COMMISSION activities ------...... 2615 FEDERAL TRADE COMMISSION Notices TARIFF COMMISSION Rules and Regulations Notices Prohibited trade practices: Assignment of hearings (2 docu-. Credit Bureau, Inc., of Wash- ments) ------2615, 2616 Cold-formed mounts for semi- ington, D.C., and Edward F. Motor carrier transfer proceed- conductors; dismissal of prelimi- Garretson ------2575 ings ' 2616 nary Inquiry ----...... --- 2510 Film Corporation of America Motor carrier, water carrier and and Ames Advertising Agency, freight forwarder applications-- 2617 TRANSPORTATION DEPARTMENT Inc National Equipment Interchange; 2575 agreement ------2616 See Coast Guard; Federal Avia- Gus Kroesen, Inc., et al -----. 2576 tion Administration; Hazardous Abe Kairy and Kairy's ------2578 Materials Regulations Board. Irvin Howard Laswell and LAND MANAGEMENT BUREAU Housecraft of Evansville --- 2578 TREASURY DEPARTMENT Longines-Wittnauer, Inc., and. Notices Credit Services, Inc ..------2579 Proposed vwithdrawal and reserva- Notices Shelton Health Spa, Inc., et aL__ 2580 tion of lands: Asbestos-cement pipe from Japan; Three "B" 'Motors, Inc., and Missouri ------1599 determination of sales at less Joseph C. Barger ------2581 Nevada ------..... 1599 than fair value ------2600 CONTENTS 256.3 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, 1972, and specifies how they are affected.

3 CFR 13 CFR 33 CFR EXEc36IVE ORDERS: 120 ------..... --- 2569 PROPosED1l- RULES: 11568 (see EO 11642) ------2565 2587 11642 2565 14 CFR ...------40 CFR PRESIDENTIAL DOCUBIENTS OTHER 39 (2 documents) ....-..-.------2570 THAm PROCLAMATIONS AND EXECU- 71 (4 documents) ------2570-2572 52 ------2581 75 ------2572 TIVE ORDERS: 95------2573 Memorandum of January 27, 1972- 2567 47 CFR PROPOSED RULES: 21 .....------2583 5 CFR 71 ....------2587 PROPOSED RULES: 103 (2 documents) ------2587, 2588 49 CFR 900 ------2589 16 CFR PROPOSED RULES: 7 CFR 173 ------2588 13 (8 documents)__- 2575, 2576, 2578-2581 178.------2588 907 ------...-- ...... ------2569 1871 ------2569 17 CFR 50 CFR 12 CFR PROPOSED RULES: PRoPOSED RULES: PROPOSED RULES: 230 (2 documents) ------2596, 2598 ------2589 750 ------2594 239 (2 documents) ------2596, 2598 17

2565 Presidential Documents

Title 3--The President EXECUTIVE ORDER 11642 Further Exempting A. Everette AfacIntyre From Compulsory Retirement for Age On November 16, 1970, I issued Executive Order No. 11568, exempting A. Everette MacIntyre, a member of the Federal Trade Commission, from compuls-ry retirement for age, under the provisions of section 8335 of title 5, United States Code, until February 29, 1972. In my judgment, the public interest requires that 2fr. MfacIntyre be further exempted from such compulsory retirement: NOW, THEREFORE, by virtue of the authority vested in me by subsection (c) of section 8335 of title 5, United States Code, I hereby exempt A. Everette MacIntyre from compulsory retirement for age until February 28, 1973.

THE WVr E HousE, February 1, 1972. [FRDoc.72-1675 Filed 2-1-72;2:45 pm]

FEDERAL. REGISTER, VOL 37, NO. 23--THURSDAY, FEBRUARY 3, 1972

THE PRESIDENT 2567,

MMORANDUM OF JANUARY 27, 1972 Delegation of Functions Under Section 505 of Public Law 92-156

Memorandum for the Secretary of State

THE Wmz HousE, Washington, January 27, 1972. You are hereby designated and empowered to exercise the functions vested in the President by Section 505 of the Act of November 17, 1971 (Public Law 92-156), without the approval, ratification, or other action of the President. This memorandum shall be published in the Fr.ERAL REisTER.

[FR f o.72-1603 Filed 2-2-72;11 : 19 am]

FEDERAL REGISTER, VOL. 37, NO. 23-:-THURSDAY, FEBRUARY 3, 1972 'No. 23-2

2569 Rules and Regulations

tion concerning such provisions and ef- Title 1- AGRICULTURE fective time has been disseminated Title 13- BUSINESS CREDIT among handlers of such Navel oranges; It Chapter IX-Consumer and Marketing is necessary, in order to effectuate the Service (Marketing Agreements and declared policy of the act, to make this AND ASSISTANCE Orders; Fruits, Vegetables, Nuts), section effective during the period herein Chapter I-Small Business Department of Agriculture specified; and compliance with this sec- Administration tion will not require any special prepara- [Navel Orange Reg. 254] tion on the part of persons subject hereto [Rev. 5, A ndt. 11 PART 907-NAVEL' ORANGES which cannot be completed on or before PART 120-LOAN POLICY the effective date hereof. Such commit- GROWN IN ARIZONA AND DESIG- Business Loans and Guarantees NATED PART OF CALIFORNIA tee meeting was held on February 1,1972. (b) Order. (1) The respective quan- On December 9, 1971, a notice was Limitation of Handling tities of Navel oranges grown In Arizona and designated part of California which published in the FEDERAL RISTER (36 § 907.554 Navel Orange Regulation 254. may be handled during the period Febru- F.R. 23402) that the Small Business Ad- (a) Findings..(1) Pursuant to the mar- ary 4, through February 10, 1927, are minit ration proposed to make .a change keting agreement, as amended, and Or- hereby fixed as follows: In loan policy pertaining to financial as- der No. 907, as amended (7 CER Part (I) District 1: 913,000 Cartons. sistance for amusement and recreational 907), regulatinig the handling of Navel (ii) District 2: 187,000 Cartons. enterprises. The public was invited to oranges grown in Arizona and designated (i) District 3: Unlimited. part of California, effective under the (2) As used in this section, "handled," comment on, or give suggestions or ob- applicable provisions of the Agricultural "District 1," "District 2," "DIstrict 3," and Jection to this proposed change in policy, Marketing Agreement Act of 1937, as "carton" have the same meaning as when within 30 days. The comments received amended (7 U.S.C. 601-674), and upon used in said amended marketing agree- have been considered, and the proposed the basis of the recommendations and ment and order. amendment adopted without modifica- information submitted by the Navel (Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.O. tion. This Amendment 1 will be effective Orange Administrative Committee, es- 601-674) tablished under the said amended mar- as of the date of publication in the FED- keting agreement and order, and upon Dated: February 2,1972. REGISTERIEn (2-3-72), as follows: other available information, it is hereby PAUL A. NicHoLSon, 1. Deletion of subparagraph (4) of found that the limitation of handling of Deputy Director, Fruit and § 120.2(d) in its entirety. such Navel oranges, as hereinafter pro- Vegetable Division, Consumer 2. Substitution of a new caption for vided, will tend to effectuate the declared and Marketing Service. paragraph (c) of § 120.2 as follows: "As- policy of the act. [FR Doc.72-1723 Filed 2-2-72;11:30 am] surance of repayment, change of owner- (2) It is hereby further found that it is impracticable and contrary to the public ship, and recreational and amusement interest to give preliminary notice, en- Chapter XVIII-Farmers Home Ad- enterprises" gage in public rule making procedure, ministration, Department of Agri- 3. Add a new subparagraph to para- and postpone the effective date of this culture graph (c)of § 120.2 as follows: section until 30 days after publication hereof in the FEDERAL REGISTER (5 U.S.C. SUBCHAPTER F-SECURITY SERVICING § 120.2 Business loans and guarantees. 553) because the time intervening be- LIQUIDATION tween the date when information upon [PA Instruction 462.2] (c) Assurance of repayment change which this section is based became avail- PART 1871-CHATTEL SECURITY able and the time when this section must of ownership, and recreational and become effective in order to effectuate the Subpart C-Security Servicing of amusement enterprises. declared policy of the act is insufficient, Special Livestock Loans and a reasonable time is permitted, under the circumstances, for preparation for DEL IiON OF SUrBPAR (3) Where the purpose of the financial such effective time; and good cause exists Subpart C of Part 1871-Security assistance is to finance the construction, for making the provisions hereof effec- Servicing for Special Livestock Loans (31 acquisition, conversion, or operation of tive as hereinafter set forth. The com- F.R. 14223) is deleted from Chapter recreational or amusement enterprises, mittee held an open meeting during the XVIII of Title 7 of the Code of Federal any such enterprise must be open to the current week, after giving due notice Regulations. The procedure for servicing general public, it must be, properly li- thereof, to consider supply and market Special Livestock loans has been incor- censed by appropriate State or local au- conditions for Navel oranges and the porated in Subparts A and B of this part need for regulation; interested persons (36 F.R. 1110, 1118). thority, and the character and reputa- were afforded an opportunity to submit tion of the applicant will be given special (Sec. 301, 80 Stat. 379. 5 U.S.C. 301; Order of information and views at this meefing; Acting Secretary of Agriculture, 30 FP.- consideration. the recommendation and supporting in- 21529; Order of Assistant Secretary of Agri- (d) ** * formation for regulation during the culture for Rural Development and Conser- (4) [Deleted] period specified herein were promptly vation. 36 P.R. 21529) submitted to the Department after such Dated: January 27, 1972. Dated: January 27, 1972. meeting was held; the provisions of this JOSEPH HASPIBAY, section, including its effective time, are Deputy Adfministrator, THowAs S. KEmvs, identical with the aforesaid recommen- Farmers Home Administration. Administrator. dation of the committee, and informa- [FR Doc.72-1G02 nl~d 2-2-72;8:49 am] [FR Doc72-1563 Piled 2-2-72;8:45 am]

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2570 RULES AND REGULATIONS

[Airworthiness Docket No. 72-WE-I-AD, Aviation Regulations Is amended by add- Title 14- AERONAUTICS Amdt. 39-1389] ing the following new airworthinesi PART 39-AIRWORTHINESS directive: AND SPACE DIRECTIVES McDoznmm Doares: Applies to Model DC-9 (-10, -20, -30, and -40 Series and O--A) Chapter I-Federal Aviation Adminis- McDonnell Douglas Model DC-9 airplanes listed in Douglas DC-9 Serv- tration, Department of Transportation Ice Bulletin No. 27-140, Revision 1, Series and C-9A (DC-9-32F) Air- dated December 20, 1071, or later FAA- SUBCHAPTER C-AIRCRAFT planes approved revisions. [Docket No. 72-CE-3-AD, Amdt. 39-1388] Compliance required within the next 300 There have been failures of the ele- hours' time In service after the effective dato PART 39-AIRWORTHINESS vator boost cylinder rod end on McDon- of the AD, unless already accomplished. DIRECTIVES nell Douglas Model DC--9--10 Series air- To prevent possiblo jamming of the ele- planes that could result in jamming of vator in the event of failure of the elevator Cessna Model 421B Airplanes the elevator. Since this condition is boost cylinder rod end, accomplish the fol- likely to exist or develop in other air- lowing In accordance with the procedures There have been reports involving en- described in paragraph 2 of Douglas Serv- gine crankcase vent blockage planes of the same type design, an air- on Cessna, -worthiness directive is being issued to ice Bulletin 27-140, Revision 1, dated Do- Model 421B airplanes. Moisture inside require a one-time only inspection of the cember 20, 1971, or later approved revisions, the vent will freeze during certain ex- or an equivalent method approved by the treme cold weather atmospheric condi- elevator boost cylinder rod end and In- Chief, Aircraft Engineering Division, FAA tions causing blockage of the vent. This stallation of a retainer clip to prevent Western Region: blockage will allow excessive crankcase possible jamming on McDonnell Douglas A. Inspect the left and right hand ele- DC-9-10, -20, -30, and -40 Series and vator boost oyllnder rod end" mzembllcj, pressure to develop and force all engine P/N 4918153-1, for cracks or a failed parb lubricating oil overboard with resultant C-9A (DC-9-32F) airplanes. The 300-hour compliance time for the and determine the material hardnezi of un- engine failure. Since this condition is damaged parts. likely to exist or develop in other air- initial inspection has been established If a failed or crachcd part I found or If planes of the same type design, an Air- by the agency on the basis of safety con- the material hardness Is below 32.0 on the worthiness Directive is being issued re- siderations. This compliance time pro- Rockwell "C" Scale (145,000 ps.. ult. ten- quiring, on Cessna Model 421B (SINs vides the lead time for operators to sIle strength) or above 43 on the Rockwell 421B0001 through 421B0149) airplanes, schedule and plan compliance with the "C"Scale (200,000 p.'.J. ult. tensile strength), insulation of the vent line with a protec- AD with a minimum burden. To pre- replace with a satisfactory part. tive sleeve, scarfing of the overboard scribe the initial inspection required by B. Modify the left and right hand aide vent outlet aft and the installation of a this AD under the usual notice and pub- of the horizontal stabilizer azzenbly, left and lic procedures followed by the agency right hand elevators and elevator bingo eye- propeller shaft seal retainer, 'in accord- bolt, P/N MD-211-B, and ance with Cessna Service Letter ME72-2 within the time the agency has deter- mined is required in the interest of safe- C..Install new elevator boost cylinder rod dated January 28, 1972. end assembly retainer, P/N1 491115,-1. Since Immediate action is required in ty, would necessarily result in a reduc- the interest of safety; compliance with tion of the compliance time for the initial This amendment becomes effectivo the notice and public procedure provision inspection required by this AD. This March 7, 1972. could possibly leave the operators insuffl- of the Administrative Procedure Act is (Secs. 313(a), 601, 603, Federal Aviation Act not practical and good cause exists for cient time to schedule airplanes for com- of 1958, 49 U.S.C. 1351(a), 1421, 1423; making this amendment effective n less pliance with the AD. Therefore, accom- sec. 6 (o), Department of Transportation Act, than thirty (30) days. plishment of the initial inspection re- 49 U.S.C. 1655(c)) quired by this AD, within the- time the In consideration of the foregoing and agency has determined is necessary, Issued In Los Angeles, Calif., on Janu- pursuant to the authority delegated to makes strict compliance with the notice ary 25, 1972. me by the Administrator (31 FR. 13697), and public procedures provisions of the ROnERT 0. BLAi11IAnD, § 39.13 of Part 39 of the F ederal Aviation Administrative Procedure Act imprac- Regulations is amended by adding the Acting Director, ticable; therefore, this amendment be- FAA Western Region. following new AD. comes effective 30 days after publication CEssrmA. Applies to Model 421B (S/Ns in the FEERL REGISTR. However, in- [FR Doc.72-1669 Filed 2-272;8:40 am] 421B0001 through 421B0149) airplanes. terested persons are invited to submit Compliance: Within the next 50 hours' such written data, views, or argumento SUBCHAPTER E-AIRSPAC- time in service after the effective date of this as they may desire regarding this :aD. AD, unless already accomplished. fAirspace Dockret No. 72-0-3] To prevent blockage of the crankcase vent Communications should identify the line by ice with subsequent eng-ine failure docket number and be submitted, in du- PART 71-DESIGNATION OF FEDERAL due to loss of engine oil, accomplish the plicate, to the Federal Aviation Admin- AIRWAYS, AREA LOW ROUTES, following modifications in accordance with istration, Western Region, Attention: Ce-sna Service Letter ILE72-2, dated Janu- Regional Counsel, Airworthiness Rule CONTROLLED AIRSPACE, AND RE- ary 28, 1972, or any equivalent method ap- Docket, Post Office Box 92007, World PORTING POINTS proved by the Chief, Engineering and Way Postal Center, Manufacturing Branch, FAA, Central Region: Los Angeles, CA Alteration of Control Zones (A) Install a protective insulation sleeve 90009, All communications received be- over the crankcase vent line and scarf the fore the effective date will be considered The purpose of this amendment to vent line outlet to face aft. .by the Administrator, and the AD may Part 71 of the Federal Aviation Regula- (B) Install propeller shaft seal retainer be changed in light of the comments re- tions is to alter the Louisville, Ky. (Bow- on each engine. ceived. All comments will be available, man Field and Standiford Field), con- This amendment becomes effective ,both before and after the effective date, trol zones. February 4, 1972. in the Airworthiness Rules Docket for The Bowman Field and Standiford examination by interested persons. Op- Field control zones are described in (Sees. 313(a), 601, 603, Federal Aviation Act .erators are urged to submit their com- of § 71.171 (36 F.R. 2055 and 8307). In 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. ments as early as possible to evaluate the Bowman Field description, an exten- 0(o), Department of Transportation Act, 49 ° U.S.C. 1655(c)) comments received near the effective date sion is predicated on Bowman VOR 004 in sufficient time to amend the AD be- radial and is 6 miles wide and 8.5 miles Issued in Kansas City, Mo., on Janu- fore it becomes effective. long. This extension was designated to ary 25, 1972. In consideration of the foregoing, provide controlled airspace protection CHESTER W. WELLS, and pursuant to the authority delegated for IMR aircraft executing the proposed Acting Director,Centroal Region. to me by the Administrator (31 P.R. VOR RWY 24 Instrument Approach Pro- [FIe Doc.72-1568 iled 2--72;8:46 am] 13697), § 39.13 of Part 39 of the Federal cedure. It has been determined that the

FEDERAL REGISTER, VOL 37, NO. 23-THUSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2571 Bowman VOR installation has been de- [Airspace Docket No. 71--80-2631 amended, effective 0500 Gn.t, Janu- layed until Calendar Year 1973, and this PART 71-DESIGNATION OF FEDERAL ary 29, 1972. as hereinafter set forth. extension is no longer required. In the In § 71.163 (37 P.R. 727,2048), Control Standiford Field description, an exten- AIRWAYS, AREA LOW ROUTES, 1180 is revoked. sion is predicated on Louisville VOlt 3010 CONTROLLED AIRSPACE, AND RE- (Sec. 307(a), 1110. Federal Aviation Act of radial and is 4 miles wide and extends to PORTING POINTS 1958, 49 U.S.C. 1343(a), 1510; Executive Order I mile northwest of the VOR. Designation of Transition 103:A4 (24 P.M. 9565); cec. G(c), Department To facilitate and expedite the control Area of Tran portation Act, 49 U.S.C. 1655(c)) of air traffe in this terminal complex, On November 23, 1971, P.R. Doe. 71- Issued in Washington, D.C., on Jan- it is necessary to increase the length of 17053 was published in the FEDERAL REG- uary 28, 1972. the extension predicated on Louisville lsTER (36 P.R. 22226), amending Part 71 H. B. H STror, VO1t 301* radial to extend to the VOR; of the Federal Aviation Regulations by Chiefs Airspace and Air designate an extension predicated on designating the Hamilton, Ala., transition Trafflc Rules Division. Louisville ILS localizer north course 3 area. miles wide and extending to the are of In the amendment, an extension was [IPi Doo.72-1572 Filed 2-2-72;8:43 am] a 5-mile-radius circle centered on Bow- predicated on the Hamilton VORTAC man Field, and designate an extension 3480 radial. Subsequent to publication of [Airspace Dccket No. 71-WE-571 predicated' on Louisville 311 localizer the rule, the final approach radial was east course 3.5 miles wide and extending changed to 349° . It is necessary to anaend PART 71-DESIGNATION OF FEDERAL to the VOR. These actions will result in the FEDERAL REGISTER document to reflect AIRWAYS, AREA LOW ROUTES, an overall reduction of approximately 20 this change. Since this amendment is CONTROLLED AIRSPACE, AND RE- square miles editorial in nature, notice and public PORTING POINTS of airspace in this terminal procedure hereon are unnecessary. complex. It is necessary to alter the de- In consideration of the foregoing, ef- Alteration of Control Zone and scriptions to reflect these changes. Since fective immediately, Federal Register Transition Area these amendments lessen the burden on Document No. 71-17053 is amended as the public, notice follows: In line five of the Hamilton. Ala, On December 15, 1971, a notice of and public procedure proposed rule making was published in hereon are unnecessary. transition area description " a a 3480 •" is deleted and " 3490 the FEDERAL REGISTRa (36 P.R. 23830) In consideration of the foregoing, Part " is substituted therefor. stating that the Federal Aviation Ad- 71 of the Federal Aviation Regulations is ministration was considering amend- (See. 307(a), Federal Aviation Act of 1058. ments to Part 71 amended, effective immediately; as here- 49 U.S.C. 1348(a); sec. 6(c). Department of of the Federal Aviation inafter set forth. Transportation Act, 49 U.S.C. 1655(c)) Regulations that would alter the de- scriptions of the Fort Huachuca, Ariz, In § 71.171 (37 F.R. 2056), the follow- Issued In East Point, Ga., on Janu- control zone and transition area. ing control zones are amended to read: ary 20, 1972. Interested persons were given 30 days I Louz-v,, Kr. (BowmAN 1zmm) JAmES G. Roomas, in which to submit written comments, Director, Souttern Region. suggestions or objections. No objections Within a 5-mile radius of Bowman Field [FR Doc.72-1571 Filed 2-2-72;8:46 am] (lat. 38°1340" NT long. 85*39'47" W.); have been received and the proposed within 1.5 miles each side of Louisville VOR amendment is hereby adopted subject to 3311 radial, extending from the 5-mile-radius the following changes. [Airspace Docket No. 72-WA-31 zone to the VOR; excluding the portion Change the FnRAs RxisTr citations within Standiford Field control zone and the PART 71-DESIGNATION for the control portion west of a line 1.5 miles east of and OF FEDERAL zone and transition area parallel to the Standiford Field IW localizer AIRWAYS, AREA LOW ROUTES, to read "§ 71.171 (37 F.R. 2056)" and north course. CONTROLLED AIRSPACE, AND RE- "§ 71.181 (37 P.R. 2143)" respectively. LowsvmTLE, Ky. (Srmmrrom F=LD) PORTING POINTS Effective date. These amendments shall be effective 0901 GJm.t., March 30, Within a 5-mile radius of Standiford Field Revocation of Control Area (1at. 38°1O'33" N., long. 85°44'12" W.); 1972. within 1.5 miles each side of the ILS localizer The prpose of this amendment to (Sec. 307(a), Federal Aviation Act of 1958, north course, extending from the 5-mile- Part 71 of the Federal Aviation Regula- as amended, 49 U.S.C. 1348(a); sec. 6(c), radius zone to the arc of a 5-mile-radius tions is to revoke Control 1180. Department of Transportation Act, 49 U.S.C. circle centered on Bowman Field; within 1.5 Control 1180 (37 F.R. 1655(c)) miles north and 2 miles south of the ILS 727) was desig- localizer east course, extending from the 5- nated on a temporary basis to provide Issued in Los Angeles, Calif, on Jan- mile-radius zone- to 1 mile east of the VOR; for the movement of Oceanic air traffic uary 20, 1972. within 1.5 mifes each side of the ILM localize -into and from the New York terminal south course, extending from the 5-mile- area. RoRMW 0. BLAMCHAPD, radius zone to the LOM; within 1.5 miles This control area was necessitated due Acting' Director,Western Region. each side of the M1.Slocalizer west course, to curtailment extending from the 5-mile-radius zone to I of Air Trafic Control in In § 71.171 (37 P.R. 2056) the descrip- mile east of the Nabb VOR 206' radial; Canadian airspace due to a strike by tion of the Fort Huachuca control zone within 2 miles each side of Louisville VOlt Canadian Air Traffic Controllers. is amended to read as follows: 301' radial, extending from the 5-m11-radlus The Federal Aviation Administration Fosy RACMUC, A Pin zone to the VOn; excluding the portion (FAA) has been advised that the Cana- within Bowman Field control zone east of a dian controllers strike has now been ter- Within a 5-nile radius or Libby AAF, Fort line 1.5 m11es east of and parallel to Standi- Huachuca, Ariz. (latitude 31-3500 " N., ford Field ILS localizer minated and that normal movement of " north course and the air traffic within Canadian airspace longitude 1210120o30 W.). within 5 miles portion north of a line 1.5 miles north of and has each side of the Libby AAP VOR 093, radial, parallel to Standiford Field IL. localize east resumed. Accordingly, action is taken extending from the VOR to 12 miles east of course. herein to revoke Control 1180. the VOR. This control zone will be effective (Sec. 307(a), Federal Aviation Act of 1958, Since the situation which required the during the specific dates and times estab- 49 'U.S.. 1348(a); sec. 6(c), Department of adoption of the amendment to designate fished In advance by a notice to airmen. The Transportation Act, 49 U.S.C. 1655(c)) the Control 1180 has been terminated, effective date and time will thereafter be It is found that notice and public proce- continuously published in the Airman's In- Issued in East Point, Ga., on Janu- formation Llanual. ary dure thereon are unnecessary, and good 20, 1972. cause exists for making this amendment In § 71.181 (37 P.R. 2143) the descrip- effective on less than tion of the Fort Huachuca, Ariz, tran- Director,Southern Region. 30 days notice. In consideration of the foregoing, Part sition area is amended to read as [FR D"c.72-1570FPied 2-2-72;8:46 am] 71 of the Federal Aviation Regulations is follows:

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2572 RULES AND REGULATIONS

FORT HUACHUCA, AnR=. " In consideration of the foregoing the Eight of the 12 routes were de:igfnatcd, That airspace extending upward from 700 descriptions of the Bakersfield, Calif., effective November 11, 1971. The remain- feet above the surface within a 6-mile radius control zone and transition area are ing four routes, J946R, J962R, JP931R, of Libby AAF, Fort Huachuca, Ariz. (latitude amended to reflect these changes. and J964R, have been successfully flight 31135'00" N., longitude 110*20'30" W.)-, that In § 71.171 (37 P.R. 2056). the descrip- inspected and are being designated in airspace within an arc of a 22-mile radius tion of the Bakersfield, Calif., control this rule. "Interested persons were af- circle centered on the Libby AAF VOR, ex- zone is amended to read as follows: tending clockwise from a line 5 miles north- forded an opportunity to participate in west of and parallel ° the proposed rule making through the to the 033 radial of the BAKR SFIELD, CALMF Libby AAF VOR to a line 5 miles south of and submission of comments. All commentu parallel to the Libby AAF VOR 0930 radial; Within a 5-mile radius of Meadows Field, received were favorable. that airspace extending upward from 1,200 Bakersfield, Calif. (latitude 35*25'40" N., longitude 119*03'0511 W.), within 1 mile each The reference facility for the Morrow, feet above the surface bounded on the north Calif., waypoint in J946R has been by the Tucson, Ariz., transition area, on the side of the Bakersfield ILS locallzer north- northeast by the southwest edge of V-66, on west course, extending from the 5-mile- changed from the one proposed in the ' the cast by longitude 109144'00' W., on the radius zone to 11.5-miles northwest of the notice to the one used in the designation south by latitude 31o25'00' Bakersfield LOD. and within 2 miles each of J800R, J933R, and J9144T. The refer- '" N., on the west by longitude 110*30'00 W., and that air- side of the Bakersfield ILS localizer southeast ence facility for the Palmdale, Calif., space northeast of Libby AAF bounded on course, extending from the 5-mile-radius waypoint in J963R has also been changed zone the north by the south edge of V-16S, on to the Bakersfield LOMT. to the same as used In the designation of the east by a line 5 miles west of and paral- ° In § 71.181 (37 P.R. 2143) the descrip- J945R, J947R, and J961R. Neither of lel to the Douglas, Arlz., VORTAC 347 ra- dial, on the southwest by the northeast edge tion of the Bakersfield, Calif., transition these changes relocates the waypoints or of V-66 and on the west by longitude 110'- area is amended to read as follows: associated routes. 00'001, W. BA wrs5FIELD,CALi'. In consideration of the foregoing, Part Io [FR Doc.72-1573 Flied 2-2-72;8:46 am] That airspace extending upward from 700 75 of the Federal Aviation Regulations feet above the surface within 4.5 miles each amended, effective 0901 G.m.t., March 30, side of the Bakersfield ILS localizer south- 1972, as hereinafter set forth. [Airspace Docket No. 71-WE-60] east course, extending from an arc of a 5- In § 75.400 (37 F.R. 2400) the follow- mile-radius circle centered on Meadows Field, ing area high routes are added: PART 71-DESIGNATION OF FEDERAL Bakersfield, Calif. (latitude 39°25140" N., longitude 119°03105" W.) to 7 miles south- AIRWAYS, AREA LOW ROUTES, Waypoint name N. Lat4W. Long. Referenca CONTROLLED AIRSPACE, AND RE- east of the LOM, within 4.5 miles each side fadlity of the Bakersfield VORTAC 144° radial, ex- PORTING POINTS tending from an arc of a 5-mile-radius circle centered on Meadows Field to 17.5 miles 3046R iS onnow, Calif., To GATEWAV YCCA, Calif. Alteration of Control Zone and southeast of the VORTAO, within 4.5 miles Transition Area each side of the Bakersfield 11S locallzer • errow, Calif....3F702'si1"/ll1iWVSi" Oncaritldo, northwest course, extending from an arc of a Calif, On December 17, 1971, a notice of pro- 5-mile-radius circle centered on Meadows Santa Catalina, 332'lO"il('2fV5'" Lp Avgpi, posed rule making was published Jn the Calif. a1, Field to 21.5 miles northwest of the LOP.! IRosi, Calif ...... 310l'O"I/1201I'00 "C,, FEDERAL REGISTER (36 P.R. 24006) stating and within 4.5 miles each side of the Bakers- Yucca, Calif-..-. 31Q35'00"112122'00'1 Do, that the Federal Aviation Administra- field VORTAC 338' radial, extending from the VORTAC to 13 tion (FAA) was considering amendments miles north of the J962R GATWAY YUCCA, Calif,, TOPAna, Arlz. to Part 71 of the Federal Aviation Regu- VORTAC; that airspace extending upward lations that would alter the descriptions from 1,200 feet above the surface bounded on the north by latitude 36°09'00" N., on the Yucca, Calif-.. 3135'00"/121122'OW" Li Ag(,, of the Bakersfield, Calif., control zone east by longitude 118°45'00' ' W., on the south Calf., and transition area. Santa Catalina, 33''3"/1&:2C/O3" Do, by latitude 35°05'00" N., and on the west by Calif. Interested persons were given 30 days ---- ' a line extending from latitude 35o05'e0" N., Sanup,Rabbitt Xilz Calif ...... 3i'44'OY'I/I17'0'00" TlctorV501'llg'l,~a~ wrlCalf. In which to submit written comments, longitude 120°05'00" W. to latitude 35*43'50"' Ariz, suggestions, or objections. One objection N., longitude 120005'00" W. to latitude Parla, Ariz ...... 31'Q1'1CI115'.3 Ilry ceCanyotv, 35°43150" wts received but was subsequently N., longitude 119°30'00" W. 'to' lati- Utah. withdrawn. tude 36*00'00"' N., longitude 119030'00 W. In the notice it was stated that the Effective date. These amendments J0l3R GATWAY PINE, Calf., TO Anu, Ariz. control zone extension to the north shall be effective 0901 Gam.t., March 30, ' would no longer be required. This was 1972. Pine, Calif ...... 3i13'00'112303'00 Can Lub based upon the intent to cancel the (See. 307(a), Federal Aviation VOR-1 Act of 1958, Call. nstrument approach procedure as amended, 49 U.S.C. 1348(a); sec. 6(c), De- San Luib Obibpo, 3516'03'"1l20 4'3l!" Do, for Meadows Field. This procedure has partment of Transportation Act, 49 U.S.C. Palmndalo.Calif. Calif.. 373'tlll&'OY4711 Ialmd,.lo, been modified and retained, however, 1655(c)) Calif. additional 700-foot transition area is re- ' ' Sanup,Babbitt ri....3Calif ...3i44'09q*/l7:OS'O 01911'520 ltector('ehSprhit!", Calf. quired to provide controlled airspace Issued in Los Angeles, Calif., on Jan- uary 21, 1972. Arlr, protection for aircraft executing the pro- Parla, Arlz ...... 30'51"/1111 065'43" Dnc, Canyon, cedure while operating between 1,500 ROBERT 0. BLANCHARD, U talh. feet and 1,000 feet above the surface. The Acting Director, Western Region. control zone extension is no longer [FR Doc.72-1574 Filed 2-2-72;8:46 aml 39641 COALDALE, NtV., TO (ATmWAYAtcoTor, Co1if, required. ' Further review of the airspace require- Coaldole, Nov ....W5 00'12'q/1171r'10 Coaldlalc, ments indicated that the proposed con- [Airspace Docket No. 71-WA-13A] ' Nev. Buckhorn, Calf. 3?iOO9"Illi.qC'65" r4ccno, Callf. trol zone extension to the southeast PART 75-ESTABLISHMENT OF JET Mrlr, Calif -... 371116/122170'i" Oaar1l, could be substantially reduced; 700-foot Apricot, Cadif...--- 0°'1i 00 Callf.Do. transition area would be required in lieu ROUTES, AND AREA HIGH ROUTES thereof for the NDB, ILS, and VOR ap- Designation of Area High Routes (Sec. 307(a), 1110, Federal Aviation Act of proaches for Runway 30. This portion 1958, 49 U.S.a. 1348(a), 1510, Exeoutivo Order of 700-foot, transition area would be On May 5, 1971, a notice of proposed 10854, 21 P.R. 9565, seo. 6(o), Department of slightly less than the currently desig- rule making was published in the FEDERAL Transportation Act, 49 U.S.C. 1655(o)) nated underlying 700-foot portion and REGISTER (36 F.R. 8406) stating that the in addition to that proposed. Federal Aviation Administration (FAA) Issued In Washington, D.C., on Janu- Since these additional changes are less was considering an amendment to Part ary 28, 1972. restrictive than the proposed amend- 75 of the Federal Aviation Regulations 11. B. H LSTROM, ments and Impose no additional burden that would designate 12 Pacific Gateway Chief, Airspace and Air on any person, further notice and public routes to connect the domestic route sys- Trafic Rules Ditision. procedure hereon is unnecessary. tem with oceanic routes. [FR Doo.72-1575 Filed 2--72;0:46 anl

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2573 SUBCHAPTER -- AIR TRAFFIC AND GENERAL Section 95.6035 VOR Federalairway 35 OPERATING RULES From/to; total distance; changeorcr pofnt is amended to read in part: [Reg.Docket No. 11679, Amdt. 95-2161 distance from gcographiC location; track From, to, and MEA angle; M A and MAA. PART 95-IFR ALTITUDES J839H Is amended to read: mini. Pla., VOn; *Pine NT, Pa.; '2000. 02.300-MRA. "1,200-MOCA. Miscellaneous Amendments Xings. Ga.. W/P, Sinclair, Ga., W/P; 168; 84, Kings, 31"55'22'" N., 82137'55' W.; 328/ 148- to COP, 328-/148- to Sinclair; 18,000;, Section 95.6062 VOR Federalairway 62 The purpose of this amehdment to Part -isamended to read inpart: 95 of the Federal Aviation Regulations 45,000. is to make changes in the Cabezon INT, N. Mmx.; Zia INT, N. Mex.; IFR altitudes Section 95.5500 High altitude RNAV 10,000. at which all aircraft shall be flown over routes. a specified route or portion thereof. Zia INT, IT.Ner; Santa Fe. N. Mex., VOR; These altitudes, when J914 is amended to read In part: 9.000. used in conjunc- Alexandria, La.. VORTAC, New Orleans, La., tion with the current changeover points VORTAC; 141.1; 70.5, Alexandria, 30"35'1" Section 95.6081 VOR Federalairway 81 for the routes or portions thereof, also N., 91"14'18" W.; 114"/294" to COP, 115"/ is amended to readin part: assure navigational coverage that is ade- 295* to New Orleans; 18,000; 45.000. Plainvow Tel., VOR via E alter.; *Fork INT, quate and free of frequency interference J9171B is amended to read In part: Tem, via E alter.; *5,000. 17,500-3nA. for that route or portion thereof. Boulder City, Nov., W/P. Sycamore, ArL., 0*4800-MOCA. As a situation exists W/P; 125.9; 62.9, Boulder City. 35*18'49" Fork which demands N., 113"53'07" W.; 115"/2950 to COP, 1186/ INT. Tr., Ia E alter.; Amarilo, Ter., immediate action in the interest of safety, 296* to Sycamore; 18.000; 45,000. VOR via E alter.; 95,000. 04,00--OCA. I find that compliance with the notice Sycamore. Ariz., W/P. Phbenlx. A zn., and procedure Section 95.6083 VOR Federalairway 83 provisions of the Admin- VORTAC; 88.1; 35, Sycamore, 340'004" N., is amended by adding: istrative Procedure Act is impracticable 112130'33" W.; 128'/308' to COP, 130'/310" and that good cause exists for making to Phoenix; 18.000; 45,000. Otto, IT.Uex., VOR via E alter.: Santa Fe, J933B Is amended to read In part: IT.Mer., VOR via E alter.; 10.000. this amendment effective within less than Wichita Falls, Ter, VORTAC. Texico, N. NMo., 30 daysfrom publication. VORTAC; 213.4; 106.7. Wichita Falls,'34"- Section 95.6129 VOR. Federal airway 129 Is amended to read in part: In consideration of the foregoing and 15'39; N., 100'42'35" W.. 29"/031'to COP, 266*/086* to Texlco; 20,000; 45,000. Waukon, Iowa, VOR, Nodine, Minn VOn; pursuant to the authority delegated to Texico. N. Mex., VORTAC, Vaughn. N. Mer., 43,00.9.2,400-MOCA. me by the Administiator (24 F.R. 5662), W/P; 117.3; 58.6. Texico. 34133'46" N.. Part 95 of the Federal Aviation Regula- 104'01'06'" W.; 263"/083- to COP, 2601/080' Section 95.6161 VOR Federal airway to Vaughn; 18,000; 45,000. 161 Is amended to read in part: tions is amended, effective March 2, 1972 J935B is amended to read In part: as follows: De3 ?olne , Iowa. VOn; -Ankeny nTT, Iowa; Jewett, N. Me., W/P. Albuquerque, N. M.1c, 2,600. "3,300--1CA Ankeny INT, north- 1. By amnding Subpart C as follows: VORTAC; 105.5; 52.3, Jewett, 34V24'28" N., bound. 107'33'55" W.; 029"/209 to COP, 031"1211. Section 95.115 Amber Federal airway to Albuquerque; 18,000; 45.000. Section 15 is amended 95.6165 VOR Federal airway to read in part: J939B Is amended to read In part: 165 Is amended to read in From, to, and MEA Biberon, Iowa, W/P, Corwith, Iowa, W/P; part: 93.3; 50, Eaberon. 42132'01" N., 93003'22" Lake Huge., Calif, VOR; Lopez ITT,Calif.; Coghian Island, Alaska, LP/RBN; .aines, W.; 306*/126* to COP, 3001/120* to Cor- 9.000. AlasIa, L/RBN; '9.000. *8,300--MOCA. with: 18,000; 45,000. 'Lpez NT, Callf. Arvin NT, Calif.; 7,800. Section 95.1001 Direct routes-United Mlein, Mont., W/P, Bolter. Mont., W/P; 144.6; 08.400-MCA Lopez TNT southbound. 84.6, Mlein, 46"42'21" N., 1101"-245" W. States is amended to delete: " *Arvin INT, Calif4 Bakersdeld, Calf., VOn; 263°/0831 to COP, 259"/0790 to Halter, "'4,000. 06.900--MCA Arvin INT, south- Tech 3NT, Ga.; Kennesaw =T, Ga.; '3,300. 18,000; 45,000. east bound. "03,300-MOCA. *3,000--MOCA. ,19471t Is amended to read In part: Lehigh :TNT, Ala.; Gadsden. Ala., VOR; 3,000. San Luis Obspo, Calif., VORTAO, Pine, Calf., Section 95.6170 VOR Federal airway Lewis INT, Ala.;-Talladega. Ala. VOR; '3,000. W/P; 129.2; 226*/046" to Pine; 18,000; 170 Is amended to delete: *2,600-MOCA. 45,000. Tauadega, Ala., VOR; Graham INT, Ala.; Fairmont, Mlnn., VOR; Mankato, Min, 4,000. Section 95.6013 VOR Federalairway 13. VOR: 03.000. '2,600-MOCA. Gossett INT. Ala.; LaGrange, Ga., VOl; is amended to read in part: Mankata, MUn. V04 Farmington, nnn, *4,000. *2,900-MOCA. VOR; '200. '2.400-MOCA. Gorman DME Fix, Calif.; Arvin TNT, Calif, From, to, and MZA 6,000. Des Moines, Iowa, VOR; *Ankeny TNT, Iowa; Section 95.6170 VOR Federal airway Gorman, Calif, VOR; Gorman DME Fix, 2.500. '3A00-MCA Ankeny =NT.north- 170 is amended by adding: Calif.; 9,000. bound. Fairmont, In- VOR; Blue Earth INT, Section 95.1001 Direct routes-United Section 95.6019 VOR Federalairway 19 Minn; '2,800. 02.400-MOCA. States is amended by adding: is amended to read in part: Blue Earth 3NT. Mnn Rochester, Mnn., VOR; 03,100. 02,600--MOCA. Natchez, MIs, VO; Alto INT, La.; *3,000. Socorro, N. Me ., VOn; Albuquerque, N. Mex., *.1400-MOCA. VOR; 8.000. Rochester, Minn. VOR; Nodine, Minn, VOR; '3,000. '2.700-MOCA. Natchez, Miss.. VOR via R 290- HEZ/R 180" Albuquerque, N. Mex., VOR; 'Santa Fe, N. WL'U; Monroe T, L 3,000. VOR; Mex. *9,000. *11,000--MCA. Santa Section 95.6197 Fe VOR, southwestbound. '11,600--MOA VOR Federal airway Section 95.1001 Direct routes-United Santa Fe VOR, 197 is amended to read in part: States is amended to read in part: eastbound. *"8,700---O0CIL Albuquerque, N. Mar.. VOR via W alter.; 'FiPher TN'T. Calif.; Xeller nIT, Calf4 I0,00. Toccoa. Ga., VOR; Biltmore, N.C., RBN; 8,300. Sante Fe, N. Mer.. VOn via W alter.; 9,000. •8,000-MCA Fisher TNT, northwestbound. TNT SBA VOR R 102" and VTU VOR R 015'; Section 95.6020 VOR Federalairway 20 Nelier TNT. Calif.; Arvln NT, Calif.; 7.800. Los Angeles, Cali.. von; '8,000. '5,100--- 09,100-MCA Keller INT, southeastbouncL MOCA. is amended to read in part: -Arvin =NT, Calif. Bakersfield, Calif. VOR; Puerto Rico Routes McAllen, Ter, VOR via S alter.; Earlingen, "'4.000. 'O8900-MCA Arvin INT, south- Tex., VOR via S alter.; 1,600. eastbound. "3300-MOCA. Section 95.1001 Direct routes-United Ontario. Calif., VOR; Pomona, Calif., VOn; States. Section 95.6029 VOR Federalairway 29 4500. Route 2 is amended is amended to read in part: to read in part: Section 95.6204 Pueblo NT, P.R.; *Beach =T, P.R.; 2,000. Salisbury, Md., VOn; Drummond NT, Dat. VOR Federal airway *7,500-MPA. '1,800. 01,700-MOCA. 204 s amended to read in part: Beach TNT, P.R.; San Juan, P.R., VORTAO; Drummond TNT, Del. Kenton, DeL., Vo; 2,000. McKenna INT, Wash.; *Alder INT, Wash.; '1,800. *1,600-MOA. 5,800. "5.800--MCA Alder INT. eastbound.

FEDERAL REGISTER, VOL 37, NO. 23--THURSDAY, FEBRUARY 3, 1972 2574 RULES AND REGULATION

Section 95.6205 VOR Federal airway From,to, and MEA From, to, SEA and MAA 205 is amended to read in part:" Johnstone Point, Alaska, Von; Storey INT, Gallup, N. lex., VORTAC; Las Vegas, N. Meg:,, VORTAC; 18,000; 45,000. From, to, and MEA Alaska; 5,000. Storey INT, Alaska; Whittier INT, Alaska; Las Vegas, N. Mex., VORTAC; Borger, Tex,, Meadow INT, Conn.; *Leroy INT, Mass4 westbound *10,000; eastbound 48,000. VORTAC; 18,000; 45,000. *"6,500. *4,500-!AM[RA. **2,400---.OCA. *8,000-MOCA. Borger, Tex., VORTAC; lingisher, Oila,, 'Whittier INT, Alaska; *Anchorage, Alaska, VORTAC; 18,000; 45,000. Section 95.6214 VOR Federal airway VOn; ='10,000. *6,000--1 CA Anchorage 214 is amended to read in part: VOR, eastbound. '*7,100-MOCA. Section 95.7008 Jet Route No. 8 is Garard INT, Pa.; Uniontown INT, Pa.; 3,700. Annette Island, Alaska, VOR; Gravina Island amended to delete: Unlontown INT, Pa.; Indian Head, Pa., VOR; DME Fix, Alaska; *5,000. *4,g00-MOCA. Amarillo, Tex., VORTAC; Xingfloller, O:la,, 5,000. Gravina Island DME Fix, Alaska; Guard Is- VORTAC; 18,000; 45,000. land DME Fix, Alaska; *5,000. *4,700-IO- Section 95.6216 VOR Federal airway CA. Section 95.7019 Jet Route No. 19 Is 216 is amended to read in part: Guard Island DME Fix, Alaska; Level Island, amended by adding: Alaska, VOR; *7,000. *5,100-MOCA. Hill City, Hans., VOR; Mankato, Hans., VOR; Phoenix, Ariz., VORTAC; Zuni, N. lex., *4,500. *3,800-MOCA. Level Island, Alaska, VOR; Hood Bay DME Fix, Alaska; *9,000. *6,900-MOCA. VOBTAC; 18,000; 45,000, Section 95.6218 VOR Federal airway Hood Bay DM1 Fix, Alaska; Sisters Island, Zuni, N. Mex., VORTAC Las Vegas, 1 Max., VORTAC; #18,000; 45,000. #MrA is catab- 218 is amended to delete: Alaska, VOR; *7,000. *6,900-MOCA. 'Sisters Island, Alaska, VOn; Cape Spencer lished with a gap in navigation signal Fairmont, Mlnn., VOR; Blue Earth TNT, DME Fix, Alaska; *6,000. *5,300--AMOCA. coverage. Minn.; *2,800. *2,400-MOCA. Cape Spencer DME Fix, Alaska; *Harbor Point Section 95.7019 Jet Route No. 19 is Blue Earth INT, Minn.; Rochester, lMinn., INT, Alaska. **15,000. *15,000-MRA. VOR; *3,100. 02,600---IOCA. **5,300-MOCA. amended to delete: Rochester, llnn., VOR; Waukon, Iowa, VOR; Harbor Point INT, Alaska; Crescent DM5 FIx, Phoenix, Ariz,, VOliTAC; St. Johns, Ariz,, *3,000. *2,600-liOCA. Alaska; #*9,000. *2,000-MOCA. #MEA is VORTAC; 18,000; 45,000. Setton 95.6218 VOR Federal airway established with a gap in navigation signal St. Johns, Ariz., VORTAC; Albuquerque, N. coverage. lex., VORTAC; 18,000; 46,000. 218 Is amended by adding: Crescent DME Fix, Alaska; Yakutat, Alaska, Albuquerque, N. Mox., VORITAC; Las Vegas, Minneapolis, Minn., VOR; Cannon Falls INT, VOn; 2,000. N. M x.. VOP.TAC; 18,000; 45,000. Minn.; *3,500. *2,700---MOCA. Cannon Falls INT, Minn.; Chatfield INT, Section 95.6440 VOR Federal airway Section 95.7072 Jet Route No, 72 Is Minn.; *4,000, *2,60-MOCA. 440 is amended to read in part: amended to read in part: Chatfield INT, ln.; Waukon, Iowa, VOR; Harbor Point INT, Alaska; Crescent DME Fix, Winslow, Ariz,, VORTAC; Zuni, X. MoX,, *3,500. *2,700---MOCA. Alaska; #*9,000. *2,000-MOCA. #MEA is VORTAC; 18,000: 45.000. with a gap in navigation signal Section 95.6225 VOR Federal airway established Zuni, N. Mex., VOHTAC; Albuquerque, I. coverage. Mex., VORTAC; 18,000; 45,000. 225 Is amended to read in part: Cresent DAIM Fix, Alaska; Yakutat, Alaska, Hey West, Fla., VOR via E alter.; *Goodand VOR; 2,000. Section 95.7076 Jet Route No. 713 Is INT, Fla., via E alter.; **3,500. *3,500--- amended to read In part: MRA. **I,300--4OCA.' Section 95.6459 VOR Federal airway 459 is emended to read in part: Las Vegas, N. Mlex., VOIhTAC; Tucumcarl, N4. Section 95.6267 VOR Federa! airway Mex., VORTAC; 18,000; 45,000. Lake Hughes, Calif., VOR; Lopez INT, Calif.; Tucumcarl, N. lex., VORTAC; Wlohltt FIoi, 267 is amended to read in part: 9,000. Tex., VORTAC; 18,000: 45,000. Daytona Beach, FMa., VOR via E alter.; *oy *Lopez INT, Calif.; Woody INT, Calif.; 7,800. INT, Fa., via E alter.; **1,600. *2,500--- *8,400-ICA Lopez INT, southbound. Section 95.7078 Jet Route No, 78 I AMA. * *1,400-MOCA. *Woody INT, Calif.; Porterville, Calif., VOR; amended to read in part: 5,000. "5,400--1CA Woody INT, southeast- Prescott, Arlz., VOIRTAC; Zuni, N, Aex,, Section 95.6278 VOR Federal airway- bound. 278 is amenaed to read in part: VORTAC; 18,000; 45,000. Section 95.6467 VOR Federal airway Zuni, N. Mex., VORTAC; Albuquerque, N4, Milport INT, Ala.; Fiat Creek INT, Ala.; 467 is amended to read in part: Mex., VORTAC; 18,000; 45,000, *2,400. *2,000-1OCA. Hobbs INT, Mid.; Drummond INT, Del.; *2,400. Section 95.7096 Jet Route No. 96 15 Section 95.6287 VOR Federal airway * 1,400-MTOCA. amended to read In part: 287 Is amended to read in part: Drummon INT, Del.:,ilville, N.J., VOR; Prescott, Ariz., VORiTAC, Gallup, X. Aex., *1,800. *1,600MOCA. Carr INT, Wash.; Lofall INT, Wash.; *7,000. VORTAC; 22,000; 45,000. *4,000--MOCA. Section 95.6477 VOR Federal airway Section 95.7134 Jet Route No. 134 is Section 95.6306 VOR Federal airway 477 is amended to read in part: amended to read in part: 306 is amended to read in part: Humble, Tex., VOR; Montgomery INT, Tex.; Prescott, Ariz., VORhTAC; Gallup, N. Mlex., 1,700. Conroe INT, Tex.; Sheppard INT, Tax.; *2,000. Montgomery INT, Tex.; Dacus INT, Tex.; VORTAC; 22,000; 45,000. * 1,700--MlOCA. *1,900. *1,700-MOCA. Section 95.7590 Jet Route No. 590 is Section 95.6308 VOR Federal airway Section 95.6491 VOR Federal airway amended to read In part: 308 is amended to read in part: 491 is amended to read in part: United States-Canadian border; Sault Ste. Hobbs INT, Mld.; Drummond INT, Del.; Atlanta, Ga., VOR; Crabapple INT, Ga.; Marie, Mich., LFIRBN; 18,000; 46,000. * 1,400-MOCA. *3,500. *3,000 !MOCA. Drummond INT, Del.; Sea Isle, N.J., Von; 2. By amending Subpart D as follovs: *2,400. *1,400---.[OCA. Crabapple INT, Ga.; Nelson INT, Ga.; 5,600. Section 95.8003 VOR Federal airway Section 95.7006 Jet Route No. 6 is changeoverpoints. 95.6317 VOR Federal airway Section amended to read in part: 317 is amended to read in part: From; to--changeover point: Distanee;Iron From, to, MEA and MAA V-107 is amended to delete: Yakutat, Alaska VOR; Mdalaspina DME Fix, Los Banos, Calif., VOR; Oakland, Calif., Alaska; 2,000. Prescott, Ariz., VOR.TAC; Zuni, N. Mex., VORTAC; 35: Los Banos. Malaspina DMTE Fix, Alaskea; Xatalla INT, VORTAC; 18,000; 45,000. V-317 is amended to read in part: Alaska; #*10,Q00. *5,500--.MOCA. #MEA is Zuni, N. Mex., VORTAC; Albuquerque, N. established with a gap in navigation signal Mex., VORTAC; 18,000; 45,000. Level Island, Alaska, VOR: Sisters Island, coverage. Alaska, VOR; 70; Level Island. Section 95.7008 Jet Route No. 8 is Hatalla INT, Alaska; Castle INT, Alaska; Section 95.8005 Jet routes changeover *5,000. *4,800--i4MOCA. amtnded by adding: -points. Castle INT, Alaska; Eyak INT, Alaska; *3,000. Needles, Calif., VORTAC; Winslow, Ariz., *2,000---4OCA. VORTAC; 18,000; 45,000. J-8 Is amended by adding: Eyak INT, Alaska; Johnstone Point, Alaska, Winslow, Arlz., VORTAC; Gallup, N. Mex., Needles, Calif., VORTAC; Winslow, Ariz,, Von; 5,000. VORTAC; 18,000; 45,000. VORTAC; 84; Needles.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2575 From, to, HEA andMAA distribution of personal, financial or manner and form of their com'pllance Gallup, N.Me1,VORTAC; LasVegas, N.Me., other information or debt collections or with this order. VORTAC; 101; Gallup. other service in "commerce" as defined J-6 is amended by adding: - in the Federal Trade Commission Act, Issued: December 7, 1971. Prescott, Ariz., VORTAC; Zuni, N. Ifem, do forthwith cease and desist from: By the CommnlssIon. VORTAC; 76; Prescott. 1. -Representing, directly or by impli- .7-78 is amended by adding: cation, that the personal and financial [sEw] CmuIES A. Tosnr, Prescott, Ar., VORTAC; Zuni, N. Men, information obtained by the hostess Secretary. making the visit for Welcome Newcomer [PR Doc.72-15S8 Filed 2-2-72;8:47 am] (Secs. 307, 1110, Federal Aviation Act of 1958, will be used only as proof that the host- 49 U.S.C. 1348, 1510) ess has called upon the newcomer or to IDocket ITo. C-2119] Issued in Washington, D.C., on Janu- make application for charge accounts ary 27, 1972. with firms which do business n the com- PART 13-PROHIBITED TRADE R. S. S=a', munity; or misrepresenting, In any man- PRACTICES Acting Director, ner, the purposs for obtaining any in- Flight Standards Service. formation from whatever source, or how Film Corporation of America and Ames Advertising Agency, Inc. PR Doc.'72-1486 Filed 2-2-72;8:45 am] Ior the manner in which the information is to be used or revealed to third parties. Subpart-Advertising falsely or mis- 2. Obtaining personal and financial In- leadingly: § 13.70 Fictitiousor mislead- formation without clearly and consplcu- ig guarantees; § 13.75 Free goods or Title 16-COMMERCIAL ously disclosing at the outset, in each services; § 13.155 Prices; 13.155-25 introduction or presentation by hostesses Coupon, certificate, check, credit voucher, PRACTICES or other representatives of respondents etc., values; § 13.185 Refunds, repairs. to newcomers that such information, in and replacements; § 13.235 Source or Chapter I-Federal Trade Commission addition to being submitted in connec- origin; 13.235-60 Place; 13.235-60(c) [Docket No. 2113] tion with any credit applications signed Domestic products as imported. Sub- by the newcomer, will be available to part-Nezlecting, unfairly or deceptively, PART 13-PROHIBITED TRADE specifically identified organizations to make material disclosure: § 13.1875 PRACTICES which subscribe to the Welcome New- Nonstandard character; § 13.1900 comer service and may solicit the new- Credit Bureau, Inc. of Washington, corer's patronage. Source or origin; 13.1900-30 Foreign in general. Subpart--Offering unfair, im- D.C. and Edward F. Garretson 3. Disclosing any personal or financial proper and deceptive inducements to Subpart-Aisrepresenting oneself and information furnished by a newcomer for purchase or deal: § 13.1925 Coupon, goods--Goods: § 13.1655 Identity. Sub- any purposes other than those described certificate, check:, credit voucher, etc., part-Securing information by subter- in paragraph 2 witl~out clearly and con- deductions in price; § 13.1955 Free fuge: § 13.2168 Securing information spicuously disclosing to the newcomer, goods; § 13.1980 Guarantee,in general. by subterfuge. Subpart-Using mislead- prior to obtaining such information, the will be used, the (Sao. 6,38 Stat. 721; 15 U.S.C. 46. Interprets ing name-Vendor: § 13.2365 Con- exact information which or applleo =c. 5. 38 Stat. 719, - amended; cealed subsidiary, fictitious collection particular use which will be made of 15 U.S.C. 45) [Ccase and desist order, Film agency, etc. such information, and the parties or en- Corporation of America et a.. Jenkintown, tities to whom the information will be Pa., Docket No. C-2119, Dec. 17, 19711 (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets made available. or applies sec. 5, 38 Stat. 719, as amended; 4. Using the trade name "Welcome In the Matter of Film Corporation of 15 U.S.C. 45) [Cease and desist order, The Newcomer" or any other trade name of Inc. of Washington, D.C., et Nwoe"o n te rd aeo Amtrca, a Corporation, and Ames Creditae, Washington, Bureau, D.C, Docket No. e-211t,substantially similar import or mean- Advertising Agency, Inc., a Corpora- Dec. 7, 1971] ing, either orally or in writing, in con- nection with the collection of personal or tion Consent order requiring a Pennsyl- In the Matter of The Credit Bureau,Inc- financial information for credit rating, vara mail order photofinishing firm to of Washington, D.C, a Corporation, debt collection or other purposes without cease distributing "free" color film, and Edward F. Garretson, Individ- clearly and conspicuously revealing in coupled with a photofinishing offer, to ually, and as Managerof The Credit immediate connection therewith that the the public through misrepresentations. Bureau,Inc. of Washington, D.C. . name identifies a credit bureau or a serv- The order to cease and desist, includ- Consent order requiring a credit re- ice or activity of a credit bureau. ing further order requiring report of porting service of Washington, D.C., It is further ordered, That respond- compliance therewith, Is as follows: which includes the operation of a new ents shall deliver a copy of this order to It is ordered, That the respondents resident information-reporting service cease and desist to all present and fu- Film Corporation of America and Ames under the franchised name of Welcome ture hostesses or other representatives Advertising Agency, Inc., corporations, Newcomer, to cease securing personal engaged in securing Dersonal and finan- and respondents' officers, agents, repre- and financial information from new area cial information from newcomers, and sentatives, and employees, directly or residents through subterfuge and selling shall obtain a signed statement acknowl- through any corporate, subsidiary, divi- it without their knowledge, edging receipt of said order from each slon or other device, in connection with The order to cease and desist, includ- said agent, representative, or person re- the advertising, offering for sale, sale or ing further order requiring report of ceiving a copy of said order. distribution of color film, photofinishing, compliance therewith, is as follows: it is further ordered, That respond- or any other product or service in com- ents notify the Commission at least merce, as "commerce" is defined in the It is ordered, That respondents The thirty (30) days prior to any proposed Credit Bureau, Inc. of Washington, D.C., change in the corporate respondent such Federal Trade Coipmlssion Act, do forth- a corporation, and its officers, and as dissolution, assig-nment or sale result- with cease and desist from: Edward F. Garretson, individually, and lng in the emergence of a successor cor- 1. Failing to clearly, affirmatively, and as manager of The Credit Bureau, Inc. poratlon, the creation or dissolution of expressly disclose, at the outset of the of Washington, D.C., and each of said subsidiaries or any change in the corpo- free film offer in each instance in which respondents trading as Welcome New- ration which may affect compliance ob- such an offer is made, in any advertise- ment or in any other form of communi- comer or under any other trade name ligations arising out of this order. cation, that forthcoming is an offer to or names, and respondents' agents, em- 'It is further ordered, That the re- sell photofinishing services and that the ployees, and representatives, directly or spondents herein shall within sixty (60) free color film may be processed by ma- through any corporate, subsidiary, divi- days after service upon them of this jor quality photofinishers. sion or other device, in connection with order file with the Commission a report 2. Representing, directly or by impli- the solicitation, compilation, use, sale or in writing setting forth in detail the cation, that any offer is an introductory

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 No. 23---3. 2576 RULES AND REGULATIONS offer when such offer is made by respond- purchased in order to obtain said article Ifookot ITo. 0-2118] ents on a continuing basis in the regular or service is the same or less than the course of business; or misrepresenting, customary and usual price at which such PART 13-PROHIBITED TRADE in any manner, the nature or terms of merchandise or service has been sold PRACTICES any introductory offer by respondents. separatelyfor asubstantial period of time Gus Kroesen, Inc., et al. 3. Representing, directly or by impli- in the recent and regular course of re- cation, that respondent Film Corpora- spondent Film Corporation of America's Subpart-Advertising falsely or mis- tion of America is America's largest in- business. leadingly: § 13.70 Fictitious or mis- dependent film processing company or 7. Representing, directly or by Impli- leading guarantees; § 13.73 Formal employs 1,000 technicians; or misrepre- cation, that exact cash refunds will be regulatory and statutory requiremcnts, senting, in any manner, the number, made for all unprintable negatives or if 13.73-92 Truth in Lending Act; § 13.165 skill, and technical expertness of re- the consumer sends too much money, un- Prices: 13.155-95 Terms and condi- spondent Film Corporation of America's less respondent Film Corporation of tions: 13.155-95(a) Truth in Lending employees and the size, nature, and America automatically does refund in Act; § 13.170 Qualities or properties o1 extent of its film processing facilities. cash for all unprintable negatives and product or service: 13.170-90 Water- 4. Representing, directly or by impli- overpayments. proof, waterproofing, water-repellent; cation, that any merchandise and/or 8. Representing, directly or by impli- § 13.175 Quality of product or service. service is guaranteed, (a) unless the cation, that refunds are made, cash or Subpart-Neglecting, unfairly or decep- terms, conditions and extent to which credit, without clearly and conspicuously tively, to make material disclosuro: such guarantee applies and the manner disclosing all of the terms and conditions § 13.1852 Formal regulatory and stat- in which the guarantor will perform of said refunds. tory requirements: 13.1852-75 Truth in thereunder are clearly and conspicuously 9. Using the trade names Famous Lending Act: 13.1852-75(a) Regula- disclosed, and (b) unless respondent Film Brand, Famous Brand Film, and other tion Z; § 13.1905 Terms and conditionu: Corporation of America, within a rea- similar names, in any advertisement, § 13.1905-6 Truth In Lending Act. sonable time, not to exceed ten (10) package, or in any other form of com- Subpart-Using misleading name- working days from receipt of the request, munication unless, in each instance in Goods: § 13.2280 Composltion; § 13.2330 performs each obligation directly or in- which such representation is made, there Quality. directly represented with said guarantee; is clear and conspicuous disclosure that (Sec. 6, 38 Stst. 721: 15 U.S.C. 40. Interprofi misrepresenting, In any manner, the said color film is foreign film when such or apply see. 5, 38 Stat. 710, aS amended, 03 terms, conditions and extent of any is the fact; or misrepresenting, in any State. 146, 147: 15 U.S.O. 45, 1601-1005) guarantee. manner, the origin of manufacture of [Cease and dezsLt order, Gus ro-zoen, Inv., 5. Representing, directly or by Impli- the fa sold or distributed by respondent et al., Oakland, Calif., Dooket No. 0-2118, cation, that: Film Corporation of America. Dec. 16,1971] (a) The free sample roll of color film It is further ordered,That respondents In the Matter of Gus 1rroescn, In., a can only be processed and/or developed deliver a copy of this order to cease and Corporation,and National Diamond on respondent Film Corporation of desist to all present and future personnel Sales, Inc., a Corporation,Also Traed- America's spebtal equipment; or misrep- of respondents engaged in the offering ing as National Diamond Sales and resenting, in any manner, the processing for sale, sale or distribution of any prod- Jewelry Sales Co., and Gus Kroesen required or available for respondent uct or in any aspect of preparation, crea- Naval Tailor, Inc., a Corporation, Film Corporation of America's film; tion, or placing of advertising, and that Also Trading as Gus Kroesen Navy (b) Xodaks equipment is used exclu- respondents secure a signed statement Tailor and Military Dtqmond Sales, sively in respondent Film Corporation of acknowledging receipt of said order from. and G. Kroesen Jewelers of August(, America's film processing operations; or each such person. Inc., a Corporation,Also Trading as misrepresenting, in any manner, the type It is further ordered, That the re- Gus Kroesen Jewelers and G. Hroc- of equipment used in respondent Film spondent corporations shall forthwith sen Jewelers, Inc., and Joseph B. Corporation of America's film processing distribute a copy of this order to each Kroesdn, and Edward G. Hoch, In- operations; of their operating divisions. dividually and as Officers of Sald () Respondent Film Corporation of It is further ordered, That respondents Corporations. America's mail order customers receive notify the Commission at least thirty Consent order requiring a California fast 24-48-hour service on all of their (30) days prior to any proposed change based Jewelry wholesaler and Its, film processing; or misrepresenting, in in the corporate respondents such as dis- affiliated firms to cease using deceptivo any manner, the time required to process solution, assignment or sale resulting in advertising to induce the sale of their film processing orders; the emergence of a successor corpora- jewelry; and to cease violating the Truth (d) Respondent Film Corporation of tion, the creation or dissolution of sub- in Lending Act by failing, in consumer America has 27 film processing locations sidiaries or any other change in the cor- credit transactions and advertisements, from coast-to-coast; or misrepresenting, porations which may affect compliance to make all disclosures In the manner, in any manner, the number of its office obligations arising out of the order. form, and amount required by Regula- or processing locations; It is further ordered, That respondents tion Z of the Act. (e) The Triple-Print process is exclu- maintain for at least a two (2) year sive and the sample The order to cease and desist, includ- roll of color film and period, copies of all advertisements, ing further order requiring processing combination is special and the direct mail and in-store solicitation report of result of a tremendous new patented literature, coupon solicitation requests, compliance therewith, is as follows: color film and processing breakthrough; and any other such promotional material I. It is ordered, That respondents Gu, or misrepresenting, in any manner, the made for purposes of distributing film Kroesen, Inc., a corporation, and tt exclusivity, essential characteristics, and/or inducing the mail order finish- officers; National Diamond Sale,, Inc., a constitution or the newness of Film Cor- ing of amateur photographic film. corporation, and its officers; Gus 11ro- poration of America's film and film proc- It is furtherordered, That respondents esen Naval Tailor, Inc., a corporation, essing services; and shall, within sixty (60) days after serv- and its officers; and Joseph B. Kroemen (f) The 4" x 4" photos are "portrait ice upon them of this order, file with the and Edward G. Koch, individually and size" and that 2" x 2" prints are "wallet Commission a report in writing setting as officers of any of said corporations, size"; or misrepresenting, in any man- and respondents' representatives, agents, forth in detail the manner and form of and employees, directly or through any ner, the size of finished photos. their compliance with this order. 6. Representing, directly or by impli- corporate or other device, In connection cation, that any article of merchandise Issued: December 17, 1971. with the advertising, offering for sale, or service is being given free or without By the Commission. sale, and distribution of Jewelry and charge or cost or as a gift, in connection watches, or any other products, in com- with the purchase of other merchandise [SEAL] CmuILus A. TosnT, merce, as "commerce" Is defined in the or service, unless the stated price of the Secretary. Federal Trade Commission Act, do forth- merchandise and service required to be [FR Doc.72-1587 Filed 2-2-72;8:48 am] with cease and desist from:

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 257T

1. Representing, directly or by Impli- respondents' representatives, agents, and (d) The deferred payment price. cation, in describing jewelry containing employees, directly or through any cor- 3. In. connection with the disclosure zynthetic imitation, or simulated stones porate or other device, in connection with statements made in conjunction with re- that the said jewelry contains stones that any extensloln of consumer credit, or any tall store sales as required by § 226.8 are "blue star sapphire," "birthstone," advertisement to aid, promote, or ast, (b) (c)of Regulation Z, or any other precious or semiprecious directly or indirectly any extension of (a) Failing to disclose the price at stone, unless such descriptive wording consumer credit, as "consumer credit" which respondents, in the regular is immediately preceded with equal con- and "advertisement," are defined in Reg- course of business, offer to sell for cash spicuity, by the word "synthetic," or by ulation Z (12 CFR Part 226) of the Truth the property or services which are the the word "initation" or "simulated," in Lending Act (Public Law 91-321, 15 subject of the credit sale, and to de- whichever, is applicable or by some other U.S.C. 1601 et seq.) do forthwith cease scribe that price as the "cash price," as word or phrase of like meaning, so as and desist from: required by § 226.8(c) (1) of Re-ula- clearly to disclose the nature of such 1. In connection with the disclosure tion Z. product and the fact that it is not a statements made in conjunction with (b) Failing to disclose the amount of natural stone. mail order sales as required by § 226.8 any downpayment in money and to de- 2. Using the words "real," "genuine." (a) (b).(c) of Regulation Z, scribe that amount as the "cash down- "natural," or similar terms as descrip- (a) Failing to furnish the customer payment," as required by § 226.8(c) (2) tive of such stones as the Linde blue and with a duplicate of a statement on which of Regulation Z. black star sapphires .or other stones the creditor is identified and which iden- (c)Failing to disclose the amount of which are manufactured or produced tifies the transaction as required by any dounpayment In property and to de- synthetically or artificially. 1 226.8(a) (2) of Regulation Z. scribe that amount as the "trade-in," as 3. Using the word "solid," whether in (b) Faling to disclose the price at required by § 226.8(c) (2) of Regula- connection with karat fineness or other- which respondents, In the regular course tion Z. wise, to describe jewelry or any part of business, offer to sell for cash the (d) Failing to disclose the sum of the thereof which contains a concealed hol- property or services which are the sub- "cash downpayment" and the "trade-in" low center or interior, and from failing to ject of the credit sale, and to describe and to describe that sum as the "total clearly disclose the fact that such jewelry that price as the "cash price," as re- downpayment" as required by § 226.8 contains ahollow center or interior. -quired by § 226.8(c) (1) of Regulation Z. (c)(2) of Regulation Z. 4. Using the words "real," "genuine," (c) Failing to disclose the amount of (e)Failing to disclose the differezice "natural," or similar terms as descrip- any downpayment in property and to between the "cash price" and the "total tive of cultured pearls or any other ar- describe that amount as the "trade-in," downpayment," and to describe that dif- ticle or articles which are artificially cul- as required by § 226.8(c) (2) of Regu- ference as the "unpaid balance of cash tured or cultivated. lation Z. price," as required by § 226.8(c) (3) of 5. Representing that their watches are (d) Failing to disclose the difference Regulation Z. "waterproof." between the "cash price" and the Cf) Failing to disclose the amount of 6. Using the term "gold filled" in de- "trade-in," and to describe that differ- credit extended, and to describe that scribing watchcases unless the term ence as the "unpaid balance of cash amount as the "amount financed," as re- "gold filled" or an abbreviation thereof is price," as required by § 226.8(c) (3) of quired by § 226.8(c) () of Regulation Z. immediately preceded by a correct desig- Regulation Z. (g) Failing to disclose the '"finance nation of the karat fineness of the gold (e) Failing to disclose the amount of charge, using that term, in credit trans- alloy of which the plating is composed. credit extended, and to describe that actions where finance charges are im- 7. Representing, directly or by impli- amount as the "amount financed," as posed 'as required by §§ 226.4, 226.6(a), cation, that any of respondents' products required by §226.8(e)(7) of Regula- and 226.8(c) (8) () of Regulation Z. are guaranteed, unless -the nature and tion Z. (h)Failing to dlsclose the sum of the extent of the guarantee, the identity of (f) Failing to disclose the sum of the payments scheduled to repay the in- the guarantor and the manner in which payments scheduled to repay the indebt- debtedness, and to describe the sum as the guarantor will perform thereunder edness, and to describe the sum as the the "total of payments" as required by are clearly and conspicuously disclosed "'total of payments" as required by § 226.8(b) (3) of Regulation Z. in immediate conjunction therewith; or § 226.8(b) (3) of Regulation Z. making any.direct or implied represen- (1)Failing to disclose the sum of the (g) Failing to disclose the tation that any of respondent' products sum of the cash price, all charges which are included cash price and all charges which are guaranteed unless in each instance are in the amount financed but which are' a written guarantee is given to the pur- included in the amount financed but not part of the finance charge, and the chaser containing provisions fully which are not part of a finance charge, finance charge, and to describe that sum equivalent to. those contained in such and the finance charge and to describe as the "deferred payment price," as re- that representations and unless respondent sum as the "deferred payment quired by § 226.8 (c)(8) (i) of Regula- promptly fulfills all of his obligations price," as required by § 226.8(c) (8) (11) tion Z. under the represented terms of such of Regulation Z. Wi) Fallingto disclose the "annual per- guarantee. (h) Failing to disclose the number of centage rate," using that term, in credit 8. Representing, directly or by impl- payments scheduled to repay the In- transactions where finance charges are cation, through the use of any picture, debtedness, as required by § 226.8(b) (3) Imposed as requlred by §§ 226.5,226.6(a), illustration or other depiction that rings, of Regulation Z. and 226.8(b)(2) of Regulation Z. diamonds, or other stones are greater 2. Stating, in any advertisement, that CM) Failing to disclose the number of than actual size unless the said picture, no downpayment is required, the amount payments scheduled to repay the indebt- illustration, or depiction is accompanied of installment payments, or that there is ednfts, as required by § 226.8(b) (3) of by a clear and conspicuous disclosure o no charge for credit, without also stat- Regulation Z. the fact that the picture, illustration, or ing all of the following items, in ter- 4. Failing, in any consumer credit depiction is an enlargement. minology prescribed under § 226.8 of transaction or advertisement, to make IL It is further ordered, That re- Regulation Z, as required by § 226.10(d) all disclosures determined in accordance spondents Gus Kroesen, Inc., a corpora- (2) thereof: with §§ 226.4 and 226.5 of Regulation Z tion, and its officers; National Diamond (a) The cash price; in the manner, form and amount re- Sales, Inc., a corporation, and its officers; (b) The amount of the downpayment quired by §§ 226.0,226.8, 226.9, and 22610 Gus Eroesen Naval Tailor, Inc., a corpo- required or that no downpayment is re- of Regulation Z. ration, and its officers; G. Kroesen quired, as applicable; It is further ordered, That respond- Jewelers of Augusta, Inc., a corporation, (c) The number, amount and due ents deliver a copy of this order to cease and its officers; and Joseph B. Kroesen dates or period of payments scheduled and desist to all present and future per- and Edward G. Koch, individually and as to repay the indebtedness If the credit is sonnel of respondents engaged in the officers of any of said corporations, and extended; consummation of any consumer credit

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2578 RULES AND REGULATIONS transaction or in any aspect of prepara- lated material fails to conform to an ap- ing guarantees; § 13.75 Free good, or tion, creation, or placing of advertising plicable standard or regulation issued, services; § 13.155 Prices; 13.155-10 Balt; and that respondents secure a signed amended or continued in effect, under 13.155-33 Demonstration reduction; statement acknowledging receipt of the provisions of the aforesaid Act. § 13.155-35 Discount savings; § 13.1340 said order from each such person. It is further ordered, That respondent Special or limited offers. It is further ordered, That respond- herein notify all of his customers who (Sec. 6, 38 Stat. 721; 15 U.S.0. 40. Interprots ents notify the Commission at least have purchased or to whom have been or applies sec. 5, 38 Stat. 719, as amended; thirty (30) days prior to any proposed delivered the products which gave rise to 15 U.S.C. 45) [Cease and desist order, llouo- change in any of the corporate respond- the complaint, of the flammable nature craft of Evansville, Evansville, Ind., Doelaot ents, such as dissolution, assignment, or of said products, and effect the recall of No. C-2117, Dec. 16, 19711 sale resultant in the emergence of a said products from such customers. In the Matter of Irvin Howard Lalvcll, successor corporation, the creation or It is further ordered, That respondent An Individual Trading and Doing dissolution of subsidiaries, or any other herein either process the products which Business as Housecraft o1 Evan,tille, change in the corporation which may af- gave rise to the complaint so as to bring fect compliance obligations arising out them into conformance with the appli- Consent order requiring a home Im- of the order. cable standard of flammability under the provement firm of Evansville, Ind,, to It is further ordered, That each re- Flammable Fabrics Act, as amended, or cease using false pricing, savings, and spondent shall, within sixty (60) days destroy said products. "free" claims and other misrepresenta- after service upon it of this order, file It is further ordered, That respondent tions In promoting the sale of Its products with the Commission a report in writing, herein shall, within ten (10) days after and installations, and to cease trans- setting forth in detail the manner and service upon him of this order, file with ferring Its credit customers' contracts of form in which it has complied with the the Commission a special report in writ- indebtedness to third parties, unless all order to cease and desist contained ing setting forth the respondent's inten- rights of Its customers are preserved. herein. tions as to compliance with this order. The order to cease and desist, including further order requiring report of Compi.- Issued: December .16, 1971. This special report shall also advise the Commission fully and specifically con- ance therewith, is as follows: By the Commission. cerning (1) the identity of the product It is ordered, That respondent Irvin [SEAL] CHARLES A. ToBnT, which gave rise to the complaint, (2) the Howard Laswell, an individual trading Secretary. number of said products in inventory, (3) and doing business as Housecraft of [FR Doc.72-1588 Filed 2-2-72;8:48 aml any action taken and any further actions Evansville or under any other name or proposed to be taken tQ notify customers names, and respondent's agents, repre- or [Docket No. C-2116] of the flammability of said products and sentatives, and employees, directly effect the recall of said products from through any corporate or other device, in PART 13-PROHIBITED TRADE customers, and of the results thereof, (4) connection with the advertising, offering PRACTICES any disposition of said products since for sale, sale, distribution and installa- March 11, 1971 and (5) any action taken tion of residential siding or other prod- Abe Kairy and Kairy's or proposed to be taken to bring said ucts in commerce, as "commerce" Is de- products into conformance with the ap- fined in the Federal Trade Commission Subpart-Importing, selling, or trans- and desist from: porting flammable wear: § 13.1060 Im- plicable standard of flammability under Act, do forthwith cease porting, selling, or transporting flam- the Flammable Fabrics Act, as amended, 1. Using, In any manner, a sales plon, or destroy said products and the results scheme or device wherein false, mislead- mable wear. ing, or deceptive statements or repre- (See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret of such action. Such report shall further inform the Commission as to whether or sentations ore made in order to obtain or apply sec. 5, 38 Stat. 719, as amended, 67 leads or prospects for the sale of resl- Stat. 111, as amended; 15 U.S.C. 45, 1191) not respondent has in inventory any siding or other merchandise or [Cease and desist order, Abe Kairy et al., product, fabric, or related material hav- dential liami Beach, Fla., Docket No. -2116, Dec. ing a plain surface and made of paper, services. 7, 19711 2. Representing, directly or by Implica- silk, rayon, and acetate, nylon and ace- tion, that purchasers of re.pondent's In the Matter of Abe Kairy, An Individ- tate, rayon, cotton or any other material residential siding materials will realize ual Tradingas Kairy's. or combinations thereof in a weight of a substantial savings on their heating 2 ounces or less per square yard, or any representing, in any manner, Consent order requiring a Miami product, fabric, or related material hav- bills; or Beach, Fla., seller of novelty items and the amount of savings afforded to re- ing a raised fiber surface. Respondent spondent's customers on their heating wearing apparel, including ladies' samples of not less than 1 scarves, to cease marketing dangerously shall submit bills. flammable products in violation of the square yard in size of any such product, 3. Representing, directly or by implica- fabric, or related material with this materials Flammable Fabrics Act. report. tion, that respondent's siding The order to cease and desist, includ- are manufactured by United States Steel Ing further order requiring report of It is further ordered, That respondent Corp.; or misrepresenting, in any man- compliance therewith, is as follows: shall, within sixty (60) days after service ner, the origin of manufacturer or It is ordered, That respondent Abe upon him of this order, file with the Com- respondents products. Kairy, individually and trading as mission a report in writing, setting forth 4. Representing, directly or by impli- Kairy's, or under any other name or in detail the manner and form in which cation, that persons will receive a gift names, and respondent's representatives, he has complied with this order. of a specified article of merchandise, or agents, and employees, directly or Issued: December 7, 1971. anything of value; or misrepresenting, in any manner, that free gifts will be through any corporate or other device, By the Commission. do forthwith cease and desist from sell- given to persons who return "free gift" ing or offering for sale, in commerce or [SEAL] CHARLES A. TOBIN, coupons to respondent. Importing into the United States, or Secretary. 5. Representing, directly or by impli- introducing, delivering for introduction, [PF Doc.72-1589 Filed 2-2-72;8:48 am] cation, that the home or any of re- transporting or causing to be transported spondent's customers or prospective in commerce, or selling or delivering customers has been selected to be used after sale or shipment in commerce, any [Docket No. C-2117] or will be used as a model home, or product, fabric, or related material; or PART 13-PROHIBITED TRADE otherwise, for advertising or sales selling or offering for sale, any product purposes. made of fabric or related material PRACTICES 6. Representing, directly or by Impli- which has been shipped or received in Irvin Howard Laswell and cation, that any allowance, discount or commerce, as "commerce," "product," Housecraft of Evansville commission Is granted by respondent to "fabric" and "related material" are de- fined in the Flammable Fabrics Act, as Subpart-Advertising falsely or mis- purchasers in return for permitting the amended, which product, fabric, or re- leadingly: § 13.70 Fictitiousor mislead- premises on which respondent's products

, FEDERAL REGISTZ" -'". '7, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2579 are insalled to be used for model home (See. 6. 38 Stat. 121; 15.U.S.C. 40. Interprets winning tickets will be asked to or must or demonstration purposes. or applies sec. 5, 38 Stat. 719. as amended; 15 comply In order to obtain a prize. 7. Representing, directly or by impli- U.S.C. 45) [Cease and desist order. Longlues- (6) Representing directly or by impli- "Wittnauer, Inc., et al., New York, N.Y., cation cation, that any of respondent's prod- Docket No. C-4LW0, Dec. 21, 19711 to participants and prospective ucts and installations are guaranteed participants that prizes have been pur- unless the nature and extent of the In the Matter of Longines-Wittnauer, chased, unless such prizes have, in fact, guarantee, the identity of the guarantor Inc., and Credit Services, Inc., Cor- been purchased at the time the represen- and the manner in which the guarantor porations tation is made, or that prizes will be will perform thereunder are clearly and Consent order requiring a corporation purchased by a future date, umless such conspicuously disclosed in immediate and its subsidiary of New York, N.Y, to prizes will, In fact, be purchased by that conjunction therewith; or making any cease using promotional games unless all date. direct or implied representation that any prizes are awarded as represented and (7) Failing to disclose to participants of respondent's products or installations disclose the odds of winning and other and prospective participants in clear and are guaranteed unless in each instance a material information, and to cease using conspicuous instructions the way in written guarantee is given to the pur- which persons may enter respondents' false claims In connection with such promotional chaser containing provisions fully equiv- promotions. devices without making or alent to those contained in such repre- The order to cease and desist, Includ- committing themselves to a purchase, or sentations and unless respondent incurring any other obligation, or per- ing further order requiring report of forming promptly fulfills all of his obligations compliance therewith, Is as follows: an Inspection of any product, or under the represented terms of such agreeing to any other act or condition. I. It is ordered, That Longines- (8) guarantee. Wittnauer, Inc., and Credit Services, Inc., Failing to furnish upon request to 8. Assigning, selling or otherwise any individual a complete list of the ,corporations, and their officers, agents, names and transferring respondent's notes, con- representatives, and employees, directly States of residence of winners tracts or other documents evidencing .a of major prizes, Identifying the prize won or through any corporate or other by each. purchaser's indebtedness, unless any device, in connection -with the prepara- rights or defenses which the purchaser (9) Failing to maintain adequate tion, advertising, sale, distribution or use records: has and may assert against respondent of any "sweepstakes," contest, game, or are preserved and may be asserted (a) Which disclose the facts upon sirlar promotional devices, any of which which any of the representations of the against any assignee or subsequent hold- involve chance in commerce, as "com- er of such note, contract or other such type described in paragraphs 1-7 of this merce" Is defined In the Federal Trade order are based, and documents evidencing the indebtedness. Commission Act, cease and desist from: 9. Failing to include the following (b) From which the validity of the A. (1) Failing to disclose clearly and representations of the type described in statement clearly and conspicuously on conspicuously to participants and pro- the lace of any note, contract or other paragraphs 1-7 of this order can be spective participants the exact number of determined. instrument of indebtedness executed by prizes which will be awarded, the or on behalf of respondent's customers: exact (10) Failing to furnish upon the re- nature of the prizes, the approximate re- quest of the Federal Trade Commission: NOTICE tail value of each, and the odds of win- (a) A complete list of the names and ,Any holder takes this instrument subject ning each such prize: Provided, however, addresses of the winners of each category to the terms -nd conditions of the contract That in those promotional devices in or denomination of prizes which does not which gaverise to the debt evidenced here by, which the odds cannot be determined exceed 1,000 in number, and an exact de- any contractual provision or other agreement with reasonable accuracy, respondents scription of the prize, including its ap- to the contraxynotwithstanding. shall clearly and conspicuously disclose proximate retail value; It is further ordered, That the re- the approximate number of Individuals (b) A list of the winning numbers or spondent herein shall, within sixty (60) to whom the promotional device is being symbols, if utilized, for each prize; days after service upon him of this order, disseminated. () The total number of coupons or file with the Commission a report, in (2) Failing to award and distribute all other entries distributed; writing, setting forth in detail the man- prizes of the value and type represented. (d) The total number of individuals ner and form in which he has complied (3) Representing directly or by Impli- known or reasonably estimated to have with this order. cation to participants and prospective participated In the promotion; participants that: Issued: December 16,1971. (e) The total number of prizes in each (a) An entry offered to any Individual category or denomination which were 'Bythe Commisslon. or group of prospective participants rep- made available; and resents a better opportunity to win or ) The total number of prizes in each [sMMi Czsns A. Toan, receive a prize than that offered to other Secretary. category or denomination which were prospective participants; awarded. IFRDoc.72-1590o1ed2-2-72 B:48 am] (b) The number of participants has B. Engaging in the preparation, pro- been significantly limited or that the op- motion, sale, distribution, or use of any [Doicet No. C-21201 portunity to participate In respondents' "sweepstakes," contest, game, or simila promotional devices and to purchase promotional devices, any of which in- PART 13-PROHIBITED TRADE their products is not available to other volve chance in commerce, as "com- PRACTICES members of the public, unless the basis merce" is defined in the Federal Trade for such representation Is clearly and Commission Act, unless the following Longines-Witfnauer, Inc. and conspicuously disclosed. are disclosed clearly and conspicuously Credit Services, Inc. (4) Using the word "lucky" in any to participants and prospective manner that represents, or representing Participants: Subpart-Advertising falsely or mis- in any other manner directly or by Im- leadingly: 1 13.150 Premiums and (1) The total number of prizes to be plication, to participants and prospective awarded. prizes: 13.150-35 Prizes; § 13.157 participants that any number, ticket, Prize contests. Subpart--Misrepreset- (2) The exact nature of the prizes, coupon, symbol, or other entry confers their ing oneself approximate retail value and the and goods-Goods: 1 13.1705 or will confer an advantage upon the number of each; Prize contests. Subpart-Neglecting, ima- recipient or is more likely to win a prize (3) All of the terms, conditions and fairly or deceptively, to make material than are others, or has some value that obligations with which Individuals will be disclosure: § 13.1883 Prize contests. other entries do notliave. asked to or have to comply with in order Subpart--Using, selling, or supplying (5) Failing to disclose clearly and con- to obtain a prize; spicuously to participants and Prospec- lottery devices: § 13.2480 In (4) The odds of winning each prize: mercha.z- tive participants those terms and condl- Provided however, That in those promo- dising. tions with which bersons who hold tional devices In -hich the odds cannot

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FRIRUARY 3, 1972 2580 RULES AND REGULATIONS be determined with reasonable accuracy, after the effective date of this order, file 3. Failing to use the term "amount respondents shall clearly and conspicu- with the Commission a report in writing financed" to describe the amount of ously disclose the approximate number setting forth in detail the manner in credit extended, as required by § 226.8 of individuals to whom the promotional which they have complied with this order. (c)(7) of Regulation Z. device is being disseminated; 4. Falling to use the term "finance (5) The geographic area or States in Issued: December 21, 1971. charge" to describe the sum of all which any such device is used; and By the Commission. charges required by § 226.4 of Regula- (6) The date the device is initiated [SEAL] CHARLES A. TOBIn, tion Z to be included therein, as required and the date the device is to end. by § 226.8(c) (8) (1) of Regulation Z. Ir. It is ordered, That Longines-Witt- Secretary. [FR Doc.72-1591 Filed 2-2-72;8:48 5. Failing to use the term "total of nauer, Inc., Credit Services, Inc., and am] payments" to describe the sum of the their officers, agents, representatives, and payments scheduled to repay the in- employees, directly or through any cor- debtedness, as required by § 226.8(6) (3) porate or other device in connection with [Docket No. C-2114] of Regulation Z. the advertising, offering for sale, sale or PART 13-PROHIBITED TRADE 6. Failing to use the term "deferred distribution to consumers of phonograph PRACTICES payment price" to describe the sum of records or other products in commerce, as the cash price, all other charges which "commerce" is defined in the Federal Shelton Health Spa, Inc., et al. were included in the amount financed Trade Commission Act, cease and desist Subpart-Advertising falsely 'or mis- but which were not part of the finance from: leadingly: § 13.73 Formal regulatory charge, and the finance charge, as re- (1) Failing to disclose clearly and con- and statutory requirements: 13.73-92 quired by § 226.8(c) (8) (II) of Regula- spicuously the exact nature and approxi- Truth in Lending Act. Subpart-Ne- tion Z. mate retail value of any gift or other item glecting, unfairly or deceptively, to make 7. Failing to express the finance charge furnished without charge, or at nomi- material disclosure: § 13.1852 Formal as an annual percentage rate, using the nal charge, or at a cost substantially regulatory and statutory requirements: 'term "annual percentage rate" as re- below its retail value to any purchaser or 13.1852-75 Truth in Lending Act: 13.- quired by § 226.8(b) (2) of Regulation Z. prospective purchaser of respondents' 1852-75(a) Regulation Z. 8. Failing to Identify the method of products, or to any participant or pro- computing any unearned portion of the spective participant in their promotional (See. 6, 38 Sta.t. 721; U.S.C. 46. Interpret or finance charge In the event of prepay- devices. apply sec. 5, 38 Stat. 719, as amended, 82 ment of the obligation and faling to (2) Representing directly Stat. 146, 147; 15 U.S.C. 45, 1601-1605) or by im- [Cease and desist order, Shelton Health Spa, provide a statement of the amount or plication to prospective purchasers or Inc., et al., New York, N.Y., Docket No. method of computation of any charge participants that: C-2114, Dec. 7, 1971] that may be deducted from the amount (a) Any individual or group of prospec- of any charge that may be deducted from tive purchasers or participants has a bet- In the Matter of Shelton Health Spa, the amount of any rebate of such un- ter opportunity to receive any gift or Inc., and Shelton Health Club for earned finance charge that will be other item furnished without charge or Women, Inc., Corporations, and credited to the customer, as required by at a cost substantially below its retail Howard Joseph, Individually and as § 226.8(b) (7) of Regulation Z. value than that afforded other prospec- an Officer of Said Corporations 9. Failing, in any consumer credit tive purchasers or participants to whom Consent order requiring two health transaction or advertisement, to make all the offer has been made; clubs of Forest Hills, N.Y., and New York disclosures in the manner, form, and (b) The number of individuals to City, to cease violating the Truth in amount required by §§ 226.6, 226.7, 226.8, whom such offer has been made has been Lending Act by failing, in consumer 226.9, and 226.10 of Regulation Z. significantly limited or that the oppor- credit transactions and advertisements, It is further ordered, That respondents tunity to purchase respondents' products to use the terms "cash price," "unpaid deliver a copy of this order to cease and is not available to other members of the balance of cash price," "amount fi- desist to all present and future personnel public, unless the basis for such repre- nanced," "finance charge," "total of pay- of the respondents engaged in the con- sentation is clearly and conspicuously ments," "deferred payment price," and summation of any extension of consumer disclosed. "annual percentage rate" as required by credit or in any aspect of preparation, (3) Using or distributing items that Regulation Z of the Act. creation, or placing of advertisug, and simulate currency, checks, other nego- The order to cease and desist, includ- that respondents secure a signed state- tiable instruments, or any other item of ing further order requiring report of ment acknowledging receipt of said order value. compliance therewith, is as follows: from each such person. (4) Using. the word "win," "prize," or it is ordered, That respondents Shel- It is further ordered, That respondents other similar term denoting chance or ton Health Spa, Inc., and Shelton notify the Commission at least thirty skill, unless the selection of individuals Health Club for Women, Inc., and How- (30) days prior to any proposed change receiving a record album or any other ard Joseph, individually and as an officer in corporate respondent's business orga- item is based on some element of chance of said corporations, and respondents' nization such as dissolutlon; assignment or skill. agents, representatives, and employees, or sale resulting in the emergence of a It is further ordered, That the re- directly or through any- corporate or successor business, corporate or other- spondent corporations shall forthwith other device, in connection with any ex- wise; the creation of subsidiaries, any distribute a copy of this order to each of tension of consumer credit, as "consumer change of business name or trade style; their operating divisions. credit" is defined in Regulation Z (12 or any other change which may affect It is furtherordered, That the respond- CER Part 226) of the Truth in Lending compliance obligations arising out of the ents notify the Commission at least Act (Public Law 90-321, 15 U.S.C. 1601 order. thirty (30) days prior to any proposed et seq.), do forthwith cease and desist It is further ordered, That recpondents change in the corporate respondents such from: shall, within sixty (60) days after service as dissolution, assignment or sale result- 1. Failing to use-the term "cash price" ing in the emergence of successor corpo- to describe the price at which respond- upon them of this order, file with the rations, the creation or dissolution of ents offer, in the regular course of busi- Commission a written report setting subsidiaries, or any other change in the ness, to sell for cash the health club forth in detail the manner and form corporations which may affect compli- memberships which are the subject of of their compliance with this order. ance with this order. the credit sale, as required by § 226.8(c) It is further ordered, That, this order (1) of Regulation Z. Issued: December 7, 1971. shall become effective upon final accept- 2- Failing to use the term "unpaid bal- By the Commission. ance by the Commission, or on Septem- ance of cash price" to describe the dif- [SEAL] CHARLrS A. ToaIu, ber 30, 1971,.whichever shall occur later. ference between the cash price and the Secretary. It is further ordered,That the respond- cash downpayment, as required by ents herein shall, within sixty (60) days § 226.8(c) (3) of Regulation Z. [FR Doc.72-1592 Filed 2-2-'728:40 am]

FEDERAL REGISTER, VOL: 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2581

[Docket No. C-2115] 6. Failing to use the terrm "amount fi- nanced" to describe the amount orcredit Title 40-PROTECTION PART 13--PROHIBITED TRADE extended, as required by § 226.8(c) (7) of PRACTICES Regulation Z. OF ENVIRONMENT Three "B" Motors, Inc. and 7. Failing to use the term "finance charge" to describe the sum of all Chapter I-Environmental Protection Joseph C. Barger charges required by § 226.4 of Regulation Agency Subpart--lisrepresenting oneself and Z' to be included therein, as required by goods---Goods: § 13.1623 Formal regu- § 226.8(c) (8) (1) of Regulation Z. SUBCHAPTER C-AIR PROGRAMS latory and statutory requirements: 8. Failing to disclose the sum of the PART 52-APPROVAL AND PROMUL- 13.1623-95 Truth in Lending Act. Sub- cash price, all charges which are in- GATION OF IMPLEMENTATION part-Neglecting, unfairly or deceptively, cluded in the amount financed but to make material disclosure: § 13.1852 which are not part of the finanee charge, PLANS Formalregulatory and statutory require- and the finance charge, and to describe Pursuant; to the "Air Quality Act of ments: 13.1852-75 Truth in Lending that sum as the "deferred payment 1957" (section 2, Public Law 90-148; 81 Act: 13.1852-95(a) Regulation Z. price", as required by § 226.8(c) (8) (11) Stat. 491), States were required to adopt (See. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret of Regulation Z. and submit for Federal approval imple- or apply sec. 5, 38 Stat. 719, as amended, 82 9. Failing to disclose the "annual per- mentation plans providing for the attain- Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease centage rate", determined in accordance ment and maintenance of regional am- and desist order, Three "B" Motors, Inc., et with § 226.5 of Regulation Z, as required bient air quality standards for sulfur at, Miami, Fla., Docket No. C-2115, Dec. 7, by § 226.8(b) (2) of Regulation Z. dioxide and particulate matter. Section 1971] 10. Failing to disclose the number of 16 of the "Clean Air Amendments of In the Matter of Three "BMotors, " Inc., payments scheduled to repay the in- 1970" (Public Law 91-604; 84 Stat. 1713) a Corporation,and Joseph C. Barger, debtedness, as required by § 226.8(b) (3) provided that any such implementation Individually and as Managerof Said of Regulation Z. plan or portion thereof, submitted prior Corporation. 11. Failing to use the term "total of to the enactment of the amendments payments" to describe the dollar amount would be approved by the Administrator Consent order requiring two used car of the sum of payments scheduled to re- and would remain in effect if he deter- dealers of Miami, Fla., to cease violating pay the indebtedness, as required by termined that such plan, or portion the Truth in Lending Act by failing, in § 226.8(b) (3) of Regulation Z. thereof, was consistent with the require- consumer credit transactions, to make 12. Failing to describe the type of se- ments of the Clean Air Act and that it all disclosures in the manner, form, and curity interest, as required by § 226.8(b) provided for the attainment of the na- amount required by Regulation Z of the (5) of Regulation Z. tional primary ambient air quality stand- Act. - 13. Failing to Identify the method of ards for sulfur dioxide and particulate The order to cease and desist, includ- computing any unearned portion of the mattir within the time prescribed by the ing further order requiring report of finance charge in the event of prepay- amendments. compliance therewith, is as follows: ment, as required by § 226.8(b) (7) of On August 4, 1971, the Administrator, It is'ordered,That respondents Three Regulation Z. by letters to Governors, approved por- 'B" Motors, Inc., a corporation, and its 14. Failing in any consumer credit tions of such existing implementation officers, and Joseph C. Barger, individ- transaction or advertisement, to make plans for several air quality control ually and as manager of said corpora- all disclosures, determined in accord- regions. In accordance with section 16 tion, and respondents' agents, represent- ance with §§ 226.4 and 226.5 of Regula- of the amendments, the Administrator atives, and employees, directly or tion Z, in the manner, form and amount also notified the States of what changes through any corporate or other device, required by §§ 226.6, 226.8, and 220.10 of in the plans were necessary to meet the in connection with any extension of con- Regulation Z. new requirements of the amendments to Sumer credit or any advertisement to aid, It is further ordered,That respondents the Act. In making these determinations, promote or assist directly or indirectly deliver a copy of this order to cease and the Administrator reviewed the plans any extension of consumer credit as desist to each operating division and to for consistency with the Clean Air Act "consumer credit" and "advertisement" all present and future personnel of re- (particularly section 110) and for com- are defined in Regulation Z (12 CFR spondents engaged in the consummation pliance with requirements set forth at 40 Part 226) of the Truth in Lending Act of any extension of consumer credit and CFA.Part 51. The adequacy of the control (Public Law 90-321, 15 U.S.C. 1601 et that respondents secure a signed state- strategy of each plan was determined by seq.), do forthwith cease and desist ment aclmowledging receipt of said order the Administrator by means of proce- from: from each such person. dure3 described in § 51.13(e) of Title 40, 1. Failing to use the term "cash price" It is further ordered,That respondents which involve use of a proportional or to describe the price at which respond- notify the Commirsson at least thirty diffusion modelor verification of other ents, in the regular course of business (30) days prior to any proposed change procedures used by the State. Approved offer to sell for cash the property or in the corporate respondent, such as dis- control strategies and pertinent rules and service which is the subject of the credit solution, assignment, or sale, resultant regulations and compliance schedules are sale, as required by § 226.8(c) (1) of Reg- in the emergence of a successor corpora- ulation Z. Identified by general description in the 2. Failing to use the term "cash down- tion, the creation or dissolution of sub- text of this publication. These provisions sidiaries, or any other change in the become the initial part of the "applicable payment" to describe the downpayment implementation plan" for each region in money made in connection with the corporation which may affect compliance involved. "Applicable. implementation credit sale, as required by § 226.8(c) (2) obligations arising out of the order. plans" are enforceable by the Adminis- of Regulation Z. It is further ordered, That the re- - 3. Failing to use the term "trade-in" trator under sections 113 and 114 of the to describe the downpayment in prop- spondents shall, within sixty (60) days Act under circumstances described in after service upon them of this order, file such sections. Each implementation plan erty made in connection with the credit covered herein and the Agency's analysis sale, as required by § 226.8(c) (2) of with the Commission a report in writing, of each plan are available for public in- Regulation Z." setting forth in detail the manner and spection in Division of Stationary Source 4. Failing to use the term "total down- form in which they have complied with Enforcement, Room 17-70, 5600 Fishers payment" to describe.the sum of the cash this order. downpayment and the trade-in, as re- Lane, Rockville, MD 20852, and in the Issued: December 7, 1971. EPA Regional Offices serving the States quired by § 226.8(c) (2) of Regulation Z. covered by this publication. 5. Failing to use the term "unpaid bal- By the Commission. ance of cash -price" to describe the dif- The States are now completing the ference between the cash price and the [SEAL) CEAnLES A. Tonra, preparation and adoption of statewide total downpayment, as required by Secretary. implementation plans under section 110 § 226.8(c) (3) of Regulation Z. [FR Doe.72-1593 Filed 2-2-72;8:48 am] of the Act, as amended. These plans must

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2582 RULES AND REGULATIONS provide for attainment and maintenance specified rules and regulations and the com- is adequate for attainment of the natlenal of the national ambient air quality pliance schedule pertaining thereto. primary and secondary ambient air quality standards for particulate matter. Therefore, A standards. None of the plans submitted PNNSYLVAwM the Administrator bas approved suoI3 control and approved pursuant to section 16 of An implementation plan for the State's strategies, together with specified rules and the 1970 Amendments met all the require- portion of the Philadelphia Interstate Ar regulations, as well as the compliance nhod- ments of section 110 of the Act or 40 CFR Quality Control Region was received by the ule pertaining to the sulfur oxides standards. Part 51; accordingly, additions to all the Department of Health, Education, and Wel- approved plans will be necessary. Follow- fare on May 4, 1970. Supplemental informa. COLOPADO ing submission of completed plans (by tion was received August 4, 1970. The Ad- An Implementation plan for the Denver January 30, 1972) the Administrator will ministrator has determined that the State's Intrastate Air Quality Control Region was control strategy for sulfur oxides, as set forth received by the Deptwtment of Health. rdlu- Identify approved portions by publication in this implementation plan, is adequate for Cation, and Welfare on May 12, 1970, and was in the FEDEML REGISTER. It should also attainment of the national primary ambient amended by letter dated November 10, 1970. be noted that certain nonregulatory por- air quality standards for sulfur oxides. The Administrator has determined that the tions of plans, e.g., air monitoring sys- Therefore, the Administrator has approved State's control strategy for particulate mat- tems, were approved under section 16 for duch control strategy, together with specified ter, as set forth in this Implementation plan, some regions listed below as well as for rules and regulations pertaining thereto. is adequate for attainment of the national primary ambient air quality standards for other regions not listed. Subsequent to KANSAS January 30, 1972, the notices published particulate matter. The Administrator has here will be revised to indicate approval An Implementation plan for the State's also determined that the State's control portion of the Kansas City Interstate Air strategy for sulfur oxides, as sot forth in this or disapproval of the entire State plan. Quality Control Region was received by the implementation plan, is adequate for main- The regulations set forth below are ef- Department of Health, Education, and Wel- taining the national secondary ambient air fective upon the date of publication. In fare on November 19, 1970. The Administrator quality standards for sulfur oxides, There- accordance with 5 U.S.C. 553, the Agency has determined that the State's control fore, the Administrator has approved such finds that because the public participated strategy for particulate matter, as set forth control strategies, together with specified in the development of the approved im- in this implementation plan, is adequate rules and regulations and the compliance plementation plan provisions at the time for attainment of the national primary and thedules pertaining thereto. secondary ambient air quality standards for of their adoptibn, through public hear- particulate matter. Therefore, the Adminls -ings and otherwise, good cause exists for trator has approved such control strategy, An implementation plan for the State's dispensing with a proposal and comment together with specified rules and regulations portion of the Kansas City Intrastate Air period on these regulations. The Agency and the compliance schedule pertaining Quality Control Region was received by the also finds that good cause exists for mak- thereto. Department of Health, Education, and '%el- ing these regulations effective upon VIRGInI fare on' October 14, 1970. The Adminutrator publications (2-3-72), since the approved An implementation plan for the State's has determined that the State's control strat- provisions are now in effect in the vari- portion of the National Capital Interstate egy for particulate matter, as cet forth In tbhl Air Quality Control Region was received by implementation plan, Is adequate for attain- ous States involved. ment of the national primary and recondery is added the Department of Health, Education, and Accordingly, a new Part 52 Welfare on April 29, 1970. Supplemental in- ambient air quality standards for partlculAte to Chapter I, Title 40 of the Code of formation was received August 10 and 14, matter. Therefore, the Administrator has ap- Federal Regulations, as follows: 1970. The Administrator has determined that proved such control strategy, together with the State's control strategy for sulfur oxides specified rules and regulations and the coin- 52.1 Approval ad promulgation of and particulate matter, as set forth in this pliance schedules pertaining thereto, implementation plans. implementation plan, Is adequate for attain- DIsrxcT or Coeau=IA State plans consisting of control ment of the national primary and secondary ambient air quality standards for sulfur An implementation plan for the Distr e's strategies, rules, and regulations, and, in oxides and particulate matter. Therefore, portion of the National Capital Interstate Air certain instances, compliance schedules, the Administrator has approved such control Quality Control Region was received by the which the Administrator has determined strategy, together with specified rules and Department of Health, Education, and Wel- regulations and the compliance schedules fare on May 6, 1970. Supplemental Informa- meet the requirements of section 16 of pertaining thereto. tion was received August 24, 1970. The Ad- the "Clean Air Amendments of 1970" ministrator has determined that the Dis- MARYLAND have been approved, as follows: trict's control strategy for sulfur oxldc3 and An implementation plan for the State's particulate matter, as set forth in this Im- DELAWARE portion of the National Capital Interstate plementation plan, Is adequate for attain- An implementation plan for the State's Air Quality Control Region was received by ment of the national primary and secondary portion of the Philadelphia Interstate Air the Department of Health, Education, and ambient air quality standards for sulfur Quality Control Region was received by the Welfare on lay 28, 1970. Supplemental In- oxides and particulate matter. Therefore, the Department of Health, Education, and Wel- formation was submitted August 7 and 21, Administrator has approved such control fare on June 30,1970. Supplemental Informa- 1970. The Administrator has determined that strategy, together with specified rules and tion was received October 20, 1970. The Ad- the State's control strategy for sulfur oxides regulations pertaining thereto. ministrator has determined that the State's and particulate matter, as set forth in this MASSAMtsrTT control strategy for sulfur oxides, as set forth implementation plan, is adequate for attain- in this implementation plan, is adequate for ment of the national primary and secondary An implementation plan for the Voston attainment of the national primary ambient ambient air quality standards for sulfur Intrastate Air Quality Control Relon was air quality standards for sulfur oxides. There- oxides and particulate matter. Therefore, the receiVed by the Department of Health, Edit- fore, the Administrator has approved such Administrator has, approved such control cation, and Welfare on September 10, 1070. control strategy, together with specified rules strategy, together with specified rules and The Administrator has determined that the and regulations and the compliance'schedule regulations, as well as the compliance sched- State's control strategy for sulfur oxides, aj ule pertaining to the sulfur oxides standards. set forth In this implementation plan, Is ndo- pertaining thereto. quate for attainment of the national primnry Nsw Jnsssr MARYLAND ambient air quality standards for sulfur An implementation plan for the State's An implementation plan for the Baltimore oxides. Therefore, the Administrator has ap- portion of the Philadelphia Interstate Air Intrastate Air Quality Control Region was proved such control strategy, together vilth Quality Control Region was received by the submitted to the Environmental Protection specified rules and regulations and the com- Department of Health, Education, and Wel- Agency on December 23, 1970. The Adminis- pliance schedules pertaining thereto. fare on May 26, 1970. Supplemental Infor- trator has determined that the State's control mation was submitted September 23, 1970. strategy for sulfur oxides, as set forth in this (Sec. 16, sec. 4(a), Public Law 91-001; 31 The Administrator has determined that the implementation plan, is adequate for at- Stat. 1713, 1678) State's control strategy for sulfur oxides, as tainment of the national primary ambient Dated: January 31,1972. set forth in this implementation plan, is ade- air quality standards for sulfur oxides. The quate for attainment of the national primary Administrator has also determined that the WiLLIMlI D. RIIrLSXAUS, ambient air quality standards for sulfur Administrator. oxides. Therefore, the Administrator has ap- State's control strategy for particulate mat- proved such control strategy, together with ter, as set forth in this implementation plan, [FR Doo.72-1616 Flled 2-2-72;8:0 am]

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2583 quency diversity rules. In the following ever, does not oppose the one yeaer's de- Title 47-TELECOMMUNICATION paragraphs we discuss each item. lay. Datran, on the other hand, does Frequency diversity. 3. Our action in object to the delay, claiming that the Chapter [-Federal Communications the First Report and Order limited the burden on AT. & T., considering its vast Commission use of frequency diversity to one protec- resources, is proportionately less than [Docket No. 18920; FCC 72-71] tion channel in each of the bands 3700- on Datran and many other applicants. 4200 MHz (4 GHz) and 5925-6425 AMHz 5. We would have preferred to imple- PART 21-DOMESTIC PUBLIC RADIO (6 GHz) and a ratio of one protection ment these rules over a period of time to SERVICES (OTHER THAN MARITIME channel for three working channels in allow carriers to make adequate advance MOBILE) the band 10.700-11,700 z (11 GHz). planning to accommodate the changes. In the 4 and 6 GHz bands no protection However, due to the extensive number of Domestic Public Point to Point channel is allowed for new facilities un- pending applications on file, we believe Microwave Radio Service til there are a minimum of three work- the impact on the frequency spectrum ing channels. These requirements were would be too severe to delay implementa- Memorandum opinion andi order. In made applicable to all pending applica- tion for a year. Not only would we be the matter of establishment of poli- tions and excess protection channels on faced with granting some 3,000 pending cies and procedures for consideration of existing routes are to be relinquihled. applications, most of which propose one applications to provide specialized com- AT. & T. does not object to the limita- for one frequency diversity, but we would mon carrier services in the domestic pub- tions per se but to the method of Imple- undoubtedly be faced with the prospect lic point-to-point microwave radio serv- mentation and the time for conversion of of an upsurge of new applications in the ice and proposed amendments -to Parts existing facilities. Specifically, A.T. & T. intervening year proposing one for one 21, 43, and 61 of the Commission's rules, makes the following requests: frequency diversity prior to the cutoff. Docket No. 18920. (a) Defer the effective date of the Accordingly, we were not unmindful 1. The Commission has before it two rules for 1 year; that some delays and difficulties would be petitions filed by American Telephone (b) In the 4 and 6 GHz bands permit Imposed. Rather, it was (and is) a mat- and Telegraph Co. and associated Bell the use of a protection channel for the te: of weighing the public interest in pro- System Cos. (A.T. & T.) on July 6, 1971 first working channel where It can be tecting the rapidly diminishing available and by GT&E Service Corp. on July 9, demonstrated that the route will develop radio spectrum against the temporary 1971 requesting partial reconsideration to three or more working channels within impact on'the carriers having pending of the First Report and Order in this a reasonable period (e.g. 5 years); applications. Moreover, it shold be real- proceeding released June 3, 1971 (29 FCC (c) Permit the use of two protection ized that our action was hardly a sur- 2d 870). Responses were filed by Western channels for the combined 4 and 6 GHz prise since we proposed even more severe 'Union Telegraph Co., the ICI Carriers, bands after a route has grown to four restrictions on the use of frequency Southern Pacific Communications Co., or more working channels In the 6 GHz diversity in the notice of proposed rule Data Transmission Co. (Datran), West- band or six or more in the 4 GHz band, making issued a year prior to the effec- ern Telecommunications, Inc., and Ne- where It can be demonstrated that the tive date of the new rules. braska Consolidated Communications route will grow to utilize channels in both Corp. A reply to the responses was filed bands within a reasonable period (e.g. 6. In terms of numbers of applications, by AT. & T. Also received, on August 31, 5 years); we would, of course, expect that A.T. & T., 1971, from Western Union are a supple- (d) Continue to permit the use of two due to the vast size of Its microwave net- ment to its original response and a protection channels in either the 4 or 6 work, would be more affected by the new motion for its acceptance. GHz band on an existing route until rules than any other carrier. However, It appears that A.T. & T. overestimated 2. These petitions for partial recon- July 1, 1976, where it can be demon- strated that a minimum of six, 4 GHz or the Impact. It estimates that 661 pending sideration concern only the technical applications would have to be modified. standards adopted in the First Report four 6 0Hz working channels will be used and where equipment nece.sry for Of these only 119 involve the construc- and Order (Issue C) . The new standards tion of new stations; the remaining 542 primarily relate to restrictions on the economical conversion is not available; aiming of terrestrial antennas toward and concern modification of existing facili- (e) In the 11 GHz band permit con- ties. In paragraph 141 of the First Report the synchrdnous satellite orbit, a require- and Order we recognized the problems ment for prior frequency coordination tinued use of one protection channel for to avoid frequency conflicts and route one working channel until July 1, 1976, inherent in the modification of existin blockage; restrictions on the use of fre- provided It can be shown that equipment facilities, and we indicated that we would quency diversity, and the establishment for economical conversion is not have a flexible policy with regard to such of more critical antenna standards. AT. nvalable. modifications. (More is said of this & T. states that it endorses the concept 4. In support of request (a) to delay below.) Accordingly, the major impact of frequency conservation which the new implementation of the rules for 1 year, would appear to relate only to 119 appli- standards are designed to achieve but is AT. & T. contends that it is unable to cations which are likely to require modi- concerned primarily with the time al- Implement the new rules without Eeri- fication. Even taking into account the lotted for compliance with the new rules, ously Jeopardizing the quality of service. possible effect upon other systems cur- particularly those relating to the use of It states that existing carriers have not rently being designed, the impact on frequency diversity? GTE essentially been allowed time to: (1) Evaluate the A.T. & T. considering its size, is hardly seeks modification of the antenna stand- effect of the new standards upon cur- overwhelming, especially if it Is noted ards and some clarification of the fre- rently engineered systems, (2) study and that the MCI carriers have some 644 select engineering alternatives, (3) pre- pending applications which will require pare amendments to pending applica- modification. While we recognize that 'The petitions for reconsideration filed by tions, or (4) secure or design equipment A.T. & T. has existing service obligations the National Association of Regulatory Util- which must be satisfied, we are of the ity Commissioners and the Utilities and which will conform to the new rules. Transportation Commission of the State of AT. & T. estimates that 661 applications opinion that a delay of several months Washington relating to the resolution of Is- now on file will have to be modified for some system redesign or modification sues A and B and related pleadings, were which will require a massive engineering would rarely affect public service in any considered and disposed of in our MIemoran- effort, delaying service from 2 months to substantial way. In those limited cases dum Opinion and Order released Oct. 6, 1971 21 years. Moreover, AT. & T. contends where time is especially critical or alter- (31 FCC 2d 1106). 5 that it needs more time to develop new nafives severely limited, we will consider By Memorandum Opinion and Order re- a well substantiated request for waiver leased July 19, 1971 (FCC 71-727) we granted engineering practices and to develop and a partial stay of the new frequency diversity manufacture new equipment. The spe- as indicated in paragraph 140 of theFirst rules Which temporarily have permitted con- cialized carriers generally oppose changes Report and Order. "tinueduse of previously accepted protection that would give benefit to a limited num- 7. With regard to its request (b) to ratios on existing routes. ber of carriers. Southern Pacific, how- allow the installation of a protection

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 N o. 23----4 2584 RULES AND REGULATIONS channel simultaneously with the con- nse of space diversity and hot standby due to the existing renewal schccdling, struction of the first working channel on transmitters. Therefore, for routes where the current licenses of A.T. & T., the a developing heavy route, A.T. & T. con- both the 4 and 6 GHz bands are to be carrier with the greatest conversion load, tends that such change would eliminate utilized, it proposes the use of a second begin to expire on January 1, 1975, more the substantial additional investment in protection channel after the route has than a year in advance of other car- providing for space diversity in the ini- grown to four working channels in the 6 riers. Accordingly, some relief may be tial phase of the route, which investment GHz band or six in the 4 GHz band. Ob- appropriate for A.T. & T. However, would become unnecessary when the. jections similar to those voiced against whether and to what extent A.T. & T., route expands to three or more working request (b) are also raised against this or any other carrier, should have more channels. An alternative, it suggests, request by several specialized carriers. time can only be determined when we would be to initfally apply for three 10. We have not been persuaded by have examined its detailed plans for con- working channels or request a waiver. A.T. &T.'s arguments on this item. First, version. As discussed In paragraph 141 Southern Pacific and Datran specifically the projection of such requirements of the First Report and Order, such oppose this request. Southern Pacific would involve many channels and would plans are also relevant to our considera- contends that it would give A.T. & T. an normally be long range. It is logical to tion of applications to modify existing unfair advantage and would be contrary expect that forecasting of this sort would facilities to add new capacity in the to the purpose of the rule which is to be less accurate and, hence, less likely to interim. encourage the use of space diversity. It occur as planned. Secondly, and more 13. Accordingly, we will give no argues that if a route becomes heavy, important, the need for 2 for 18 protec- blanket extension of time as A.T. & T. space diversity should be continued tion, rather than 1 for 11 or 1 for 7, seeks. However, we do Intend to allow rather than switch to frequency diver- is predicated by A.T. & T. on the use each carrier a reasonable amount of time, sity. Several of the specialized carriers of existing vacuum tube equipment. On consistent with Its tasks and resources, make the point that it would be relatively new routes we would not expect the to convert Its existing facilities, and dur- easy for A.T. & T. to make heavy route continued use of vacuum tube equip- ing the conversion period we will au- projections while they would be at a de- ment, and indeed A.T. & T. gives no rea- thorize modification of such facilities to cided disadvantage. son for such continued use contrary to the extent they are reasonable and com- 8. As noted in paragraph 137 of the its previous representations. Our deci- patible with the conversion plans. As First Report and Order, A.T. & T. origi- sion to reduce protection ratios was based noted in paragraph 2, we previously nally commented that it anticipated to a substantial extent on the wide avail- stayed the new frequency diversity rules utilizing space diversity to augment fre- ability of solid state equipment which is to temporarily permit continued use of quency diversity in many instances. How- generally considered to be significantly the formerly accepted protection ratos ever, on growth routes where the need more reliable than vacuum tube equip- on existing routes. We then stated that for both types of protection is not antici- ment. However, if A.T. & T. on a par- this was done because adequate time had pated, it does appear unreasonable to re- ticularly heavy route can show a genuine not elapsed to permit carriers to forant- quire space diversity initially when it need to use vacuum tube equipment, we late and submit their conversion plans. will not be needed later on. Southern may consider the matter on an individual Now that the petitions for reconsidera- Pacific's suggestion that full reliance on waiver basis. tion are being disposed of, such plan space diversity be continued as route 11. In requests (d) and (e) A.T. & T. should be promptly made. In the mean- grows to three or more working channels seeks the continued use of the formerly time we will continue the effectivene: " is not considered practical because of the accepted protection ratios until July 1, of the stay until April 1, 1972. After that costs involved.P We do not doubt that a 1976. In support of these requests it cites date applications for modifications of change of this sort will be more bene- the current unavailability of switching existing facilities will be granted only ficial to A.T. & T. than the specialized equipment to meet the new ratios, par- if they are consistent with section 21.100 carriers due to the size of A.T. & T.'s op- ticularly in 4 and 11 GHz bands. It (c) of the rules or with an approved con- eration. However, our decision must be states that some equipment may be eco- version plan.5 based on the overall public interest rather nomically converted but that much 14. GTE briefly requests clariflctlop than solely attempting to equalize the would depend on new equipment (e.g. the of the rules with respect to the ue of competitive positions among the various 400 A switcher) which will not begin to frequency divertity on existin-, "thin carriers. Accordingly, the rules will be be available until 1974. In the First Re- routes." We do not understand what modified to make provision for a protec- port and Order we recognized that the needs clarifying from CTE's standpoint, tion channel for the first working chan- modification and/or conversion of exist- In paragraph 141 of the First Report and nel on a true growth route. However, ing facilities is likely to create some Order we clearly stated that we would rather than utilize the 5-year figure sug- problems, and we indicated a flexible not require existing routes of one or two gested by A.T. & T., we prefer 3 years. If approach would be followed. In general, working channels to be converted from a route is to reflect substantial growth it we stated that excess protection chan- frequency diversity unless another car- appears that it should reach a total of nels should be- relinquished by the next rier can show a need for the frequencies, three working channels within 3 years. renewal period and that during such 15. Western Union did not petition for We will, of course, require growth projec- conversion period applications for modi- reconsiderat ion of the First Report and tions to be based on solid data, and such fication of facilities would be consid- Order, but in response to A.T. & T.' pe- projections will be carefully reviewed. ered in a manner that is consistent with tition it requested different and ".ub- All grants in such instances will be con- the conversion plans. stanfial relief for itself. In a "Motion for ditional so that if actual growth proves 12. We believe our basic approach on Acceptance" filed on August 31, 1971 with less than the required minimum, subse- this matter (i.e. each carrier making a supplement to its response to A.T. 6, T.',, quent conversion to space diversity may conversion consistent with a reasonable be required. time schedule according to its circum- r Conversion plans should identify major 9. In support of request (c), A.T. & T. stances) is sound. Renewal, time is ob- routes and approximate dates of antielpated contends that full reliability cannot be viously the most convenient time to conversion. Where multiple equipment type'i achieved economically with existing check the completion of conversion. But (e.g. TD2, TH3, etc.) are to be seheduled vacuum tube equipment at the 1 for 11 separately, they should be so identified. If and 1 for 7 protection ratios in the 4 and conversion is to be delayed bocause of un- AAs an example, if a route is begun in the availability of certain equipment or be- 6 GHz bands, but when route develop- 4 Gtz band, it is not fully loaded until it cause of excessive costs, that matter Pebould ment progresses to the point where the has 11 working channels and one protection be fully explained. Plans for the addition of second protection channel is allowed, channel. It would not be fully eligible for new capacity to existing facilities prior to sufficient reliability (on a 2 for 18 ratio) a second protection channel until it reached conversion should also be dlsusssd. Con- an additional three channels in the 6 GHz version plans may be modified as neeeJ,..-ry can be achieved without the interim band. Therefore, the protection would involve to reflect changed circumc-tanees or more the need for at least 14 working channels precise estimates. The Chief, Common Car- a See paragraph 139 of the First Report and or some 18,600 voice circuits at current chan- rier Bureau is delegated authority to revle/ Order. nel capacity. and approve these plans.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 RULES AND REGULATIONS 2585 petition, Western Union explains that consider a well documented request for further refinement of the standards may when the original pleading was filed it waiver in a particular case. Depending not be required in the future. was still in the midf of the longest strike upon the circumstances, applications 20. One other matter concerning the in its history and that management and granted on a waiver basis may be con- antenna standards that we wish to car- engineering personnel were being utilized ditioned to require later conversion to ify is the applicability of such standards to keep its operations in public service. space diversity. to receiving antennas. In the discussion 16. Western Union states that it an- Antenna standards.18. A.T. & T. states of antennas at paragraph 142 of the ficipates a problem with the frequency that it supports the principle of antenna First Report and Order no distinction diversity rules in connection with its new standards, but it requests certain adjust- was made between transmitting and re- route which would employ "hybrid trans- ments in the standards now contained In ceiving antennas, the obvious reason, of mission" techniques' To comply with the § 21.108(c). It notes that antenna dis- course, being that both types are equally present rules such systems, in order to crimination patterns tend to change important in system operation and radio be protected, would have to utilize space from one frequency band to another and interference considerations. However, the diversity. The problem arises, according that a single set of standards for all language of § 21.108(c) and the defini- to Western Union, in switching between frequencies above 2500 MHz must In- tion of a periscope antenna in § 21.1 one space diversity signal and another or volve considerable compromise. It states failed to reference receiving antennas. ,combining the two signals. It contends that none of its antennas in the 4 GHz These omissions are corrected in the that no "hitless" switch or adequate IF band meet the "A" standard in all re- amendedrules. combiner suitable for use with hetero- spects. A.T. & T., therefore, proposes that Satellite pofnting angle. 21. Section dyne equipment is currently available! the minimum suppression on Standard A 21.108(e) of the new rules prohibits the Therefore, it maintains that on long haul for 5* to 10' be reduced from 25 to 23 dB aiming of terrestrial transmitting an- routes present switching equipment and on the Standard B for 100 ° up from tennas within two degrees of the geo- would yield an excessive error rate and 36 dB to 32 dB. It also requests that the stationary satellite orbit, with the provi- that while baseband combiners could be minimum gain requirement be deleted.? sion that exceptions may be made under used, baseband repeating would not be It contends that minimum gain serves no unusual clrcumstances. In discussing practicable because of system noise. As useful purpose and could create more, this at paragraph 125 of the First Report a solution Western Union proposes an rather than less, interference. Southern and Order w e indicated that in such in- interim modification of the rules to per- Pacific opposes A.T. & T.'s antenna re- stances the applicant would be expected mit one for one frequency diversity with quests. It states that test information to submit a thorough engineering evalu- the understanding that such facilities supplied by several major antenna manu- ation of possible impact on any author- will have to be converted to space diver- facturers indicates that they will have ized or proposed statellite operation as sity when a "hitless" switch or IF com- no problem meeting the new standards. w ell as to propose operation on a reduced biner becomes available, if af such time It opposes diluting the standard and power basis. A.T. & T. states that it now the minimuin requirement for frequency challenges A.T. & T.'s assertion that a operates 63 transmitting antennas in the diversity (three working channels) has minimum antenna gain serves no pur- 6 GHz band which violate this require- not been attained. pose, stating that it is the mark of per- ment. It contends that the rules impose a 17. Due to the manner in which West- formance of the antenna. GTE In its greater burden on carriers than required ern Union's request was filed, adequate petition recommends that the antenna by international agreement in the latest responsive comment has not been re- standards be amended to reflect the op- CCIR recommendations which are in line ceived. In fact, oniy one party, Southern erational characteristics of the different with the revised U.S. proposals to the Pacific, made any substantive comments bands and that gain standards be estab- 1971 World Administrative Radio Con- on Western Union's request! In view of lished for each band. It also recommends ference for Space Telecommunications." the minimal record on this matter, and that suppression standards for near-in A.T. & T. recommends that the rules the broad implications of the relief side lobes between 2' and 5" be estab- be modified to conform to the CCIR sought, we are not inclined to so modify lished under the guidance of a technical recommendations. the rules. Mordover, we note that West- committee. 22. In adopting § 21.108(e) it was not ern Union has no currently pending pro- 19. We recognize that the lower band our purpose to impose a greater burden posal for long haul facilities of the type frequencies do have different perform- on the carriers. We did intend, however, mentioned. Its technical assumptions ap- ance characteristics and that side lobe to maintain control over those facilities pear to be based largely on a new trans- suppression of such frequencies is more which would point toward the satellite continental route for which it apparently orbit and impose the CCIR limitations has no immediate plans for building. difficult than for higher frequencies. But rather than further compromise the on such facilities (see footnote 53 in the However, as indicated in paragraph 140 standards because of the 4 GHz charac- First Report and Order). Perhaps, of the 5rsf Report and Order, we will teristics we have decided to make a sep- though, our statement that a "thorough arate standard for 4 GHz, Incorporating engineering evaluation of possible im- sWestern Union uses the term "hybrid the figures suggested by A.T. & T. Also, pact" could call for, in some cases, a transmission" to describe a microwave system since power gain for similar aperture rather burdensome and largely theoreti- simultaneously transmitting a 6.3 Megabit antennas is less at 4 GHz, the minimum cal study. Therefore, we will not elimi- time division multiplex signal and a 600 gain will be slightly reduced under the nate the case by case determination, but channel frequency division multiplex signal 'wewill change the emphasis from one of on a single baseband. 4 GHz standard. This should alleviate 7 A "hitless" switch is one that will switch A.T. & T.'s concern and conform with possible impact to the need for pointing from a faded path to a diversity path with- GTE's suggestion. We agree with South- at the satellite orbit. If the applicant can out causing an Impulse noise or "hit" which ern Pacific's position on minimum gain demonstrate a reasonable need to direct is reflected as an error in the data being and decline to delete it as a requirement. a transmission path in the proscribed transmitted. In lileuof a switch, a combiner With respect to the two to five degree zone, we will authorize such facilities, may be used to combine the signals received absent indications of harmful satellite over two diversity patbs into one signal for standards suggested by GTE, we are not impact, subject to the CCIR recom- subsequent relay to the next station. An F convinced, in the absence of substantial mended power limitations. As noted in combiner is one that would operate at an explanation and comment by other par- intermediate frequency (for use In hetero- paragraph 125 of the First Report and dyne systems which do not bring the signals ties, that such refined standards are re- Order, no changes will be required in down to baseband) rather than a baseband quired. This is not to say, of course, that preexisting facilities unless they are frequency. shown to cause problams to an author- 8 Southern Pacific opposed Western Union's request, stating that it has had no problems 'The Commislon has also received a letter ized satellite system. .However, new on 3,000 miles of trunk circuits which utilize from Gabriel Electronics. Inc., an antenna radio channels added to such existin_ space diversity and that suitable IF switch- manufacturer, making comments similar to ing equipment is available. Western Union, those of AT. & T., except that It recommends in its supplement, denies the suitability of a reduction to 20 dB between 5" and 10' on 23The 'U.S. propoal was subcequently such equipment. the A standard. adopted at the conference.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2586 RULES AND REGULATIONS

paths should meet the reduced power 2. In § 21.100, paragraph (c) is regard for the polarization plane of in- requirements. amended to read as follows: tended operation. Conclusion. 23. Consistent with the § 21.100 Frequencies, foregoing discussion, we conclude that Minimum radbition tupprmlou the public interest, convenience, and Anglo from centr lino of necessity would be served by the amend- (c) Frequency diversity transmission main lobo Stand. Vtonu. ed rules set forth below. Authority for will not be authorized in these services ord A ard D these rules is contained in sections 4(D, in the absence of a factual showing that dl) (d ) 303, and 403 of the Communications Act. the required communications cannot 24. In view of the foregoing: It is here- practically be achieved by other means. Operaion telss 6,000 M112 65 up to, not Including 10 ...... 20 -o by ordered, That the amended rules as Where frequency diversity is deemed to 10' up to, not including IGO...... "1 21 contained below are adopted effective be justified on a protection channel basis, 15' up to, not Including 20' .... __------Z it shall be limited to one protection chan- 20' up to, not Including 30' 1...... - 32 March 10, 1972. 30' up to, not including 100 ...... 42 i 25. It is further ordered,That the mo- nel for the band 3,700-4,200 MiHz, one 100' up to, including Rt .-' tion for acceptance filed. by Western protection channel for the band 5,925- Operatfon at 6,000 Mlz or Co:c Union is granted. 6,425 MHz, and a ratio of one protection 5 up to, not including 10' 1...... 2 Nt 26. It is further ordered, That the channel for three working channels for 10' up to, not including 16 ...... - 29 t the band 10,700-11,700 MHz. In 16 up to, not ncluding 201 ...... - 13 21 petitions for reconsideration filed by the 20' up to, not including 30 ...... 0 32 A.T. & T. and GTE and the request of bands 3,700-4,200 MEEs and 5,925-6,425 S0' up to, not including 100 ...... 42 31 Western Union are granted to the ex- MHz no frequency diversity protection 100' up to, including IO ...... - 20 tent indicated herein but in all other re- channel will be authorized unless there spects are denied. is a minimum of three working chan- 27. It is further ordered, That the nels, except that where a substantial (e) No directional transmitting an- partial stay granted by our memoran- showing is made that a total of three tenna ufllized by a station operating dum opinion and order released July 19, working channels will be required within in the band 5925-6425 MHz shall be 1971 (FCC 71-727) is terminated effec- 3 years, a protection channel may be au- aimed within 2' of the geostatlonary tive April 1, 1972. thorized simultaneously with the first satellite orbit, taking into account 28. This lIroceeding is terminated with working channel. A protection channel atmospheric refraction, However, excep- respect to Issue C. authorized under such exception will be tion may be made In unusual circum- subject to termination if applications for stances upon a showing that there is no (Secs. 4, 303, 403, 48 Stat., as amended, 1066, the third working channel are not filed 1082, 1094; 47 U.S.C. 154, 303, 403) reasonable alternative to the transmis- within 3 years of the grant date of the sion path proposed. If there is no evi- Adopted: January 26,1972. applications for the first working dence that such exception would cause Released: January 31, 1972. channel. possible interference to an authorized satellite system, said transmission path FEDERAL COMInUNICATIONS 3. In § 21.108, paragraphs (c) and (e) may be authorized on a waiver basi, CouximssroN, are amended to read as follows: where the maximum value of equivalent [SEAL] BEN F. WAPLE, isotropically radiated power does not ex- Secretary. § 21.108 Directional antennas. ceed: (1) 47 dBW for any antenna beam Part 21 of Chapter I of Title 47 of the directed within 0.50 of the stationary Code of Federal Regulations is amended (c) Fixed stations (other than tempo- satellite orbit or (2) 47 to 55 dBW, on a as follows: rary fixed) operating at 2,500 MHz linear decibel scale (8 dB per degree), or higher shall employ transmitting for any antenna beam directed between 1. In § 21.1 the following definition is ° amended to read: antennas meeting the appropriate per- 0.50 and 1.5 of the stationary orbit. formance standard A indicated below, [Methods of calculating azimuths to be § 21.1 Definitions. except that in areas not subjected to fre- avoided may be found in: CCIR Report quency congestion, antennas meeting 393 (Green Books), New Delhi, 1970, and Periscopeantenna system. An antenna performance standard B may be used in "Radio-Relay Antenna Point for Con- system which involves the use of a pas- subject to the liability set forth in trolled Interference with Geostttionary sive reflector to deflect radiation from or § 21.109(c). Additionally, the main lobe Satellites" by C. W. Lundgren and A. S. to a directional transmitting or receiv- 6f each antenna operating below 5,000 May, Bell System Technical Journpl, ing antenna which is oriented vertically. MHz shall have minimum power gain of Volume 48, No. 10, December 1969. The 34 dB over a referenced half wave dipole first reference is an approximate graphi- antenna, at or above 5,000 MLHz the mini- cal method of calculation while the sec- mum gain shall be 36 d3. The values in- ond is suitable for computer calculation.] 1 Commissioner Johnson concurring in the dicated represent the suppression re- result; Commissioner H. Rex Lee absent. quired in the horizontal plane, without [FI Do0.72-1612 Flcd 2-2-72:8:41 nmi

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2587 Proposed Rule Making

71.181 of Part 71 of the Federal Aviation centered on the Lebanon Airport extendiag -DEPARTMENT OF Regulations so as to alter the Lebanon, clockwizo between the 231' and 300' bearings NH., control zone (37 F.R. 2056) and from the Lebanon Airport; within an arc of transition area (37 a 19.5-mile-radius circle centered on the TRANSPORTATION FR. 2143). Lebanon Airport extending clockwise between In order to provide airspace protec- the 300' and 034 bearings from the Lebanon Coast Guard tion for IFR arrival and departure pro- Airport. cedures at the Lebanon Regional Airport, [33 CFR Part -110] Lebanon, N.., it will be necessary to This amendment is proposed under [CGFR 72-131 amend the control zone and redesignate section 307(a) of the Federal Aviation the Lebanon 700-foot floor transition Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) PUGET SOUND AREA, WASH. area. and section 6(c) of the Department of Proposed Anchorage Grounds Interested persons may submit such Transportation Act (49 U.S.C. 1655(c)). written data or views as they may desire. Issued in Burlington, Mass., on Janu- The Coast Guard is considering amend- Communications should be submitted in ary 21, 1972. ing the anchorage regulations by ter- triplicate to the Director, New England minating FMIRM J. HowMAND, the Port Madison Explosives Region, Attention: Chief, Air Traffic Di- Director,New EnglandRegion. Anchorage as published in 33 CFR 110.- vision, Department of Transportation, 230(a) (5). The rdason for this termina- Federal Aviation Administration, 154 [FR Dcc.'/2-15'6 Filed 2-2-72;8:47 amI tion is that the anchorage no longer Middlesex Street, Burlington, MA 01803. meets the minimum quantity/distance All communications received within 30 [14 CFR Part 103 ] safety standards. days after publication in the FEDERAL Interested persons may participate in REGISTER will be considered before action [Docket No. 10270; Notice No. 712-41 this proposed rule making by submitting is taken on the proposed amendment. MEDICINAL AND TOILET ARTICLES written data, views, or arguments to the No hearing is contemplated at this time, Commander, Thirteenth Coast Guard but arrangements may be made for Infor- Proposed Applicability District, 618 Second Avenue, Seattle, WA mal conferences with Federal Aviation 98104. Each person submitting comments Administration officials by contacting The Federal Aviation Administration should include his name and address, the Chief, Operations, Procedures and Is considering amending Part 103 of the identifying the notice (CGFR 72-13) and Airspace Branch, New England Region. Federal Aviation Regulations to add give any reasons for any recommended Any data or views presented during medicinal and toilet articles in small change in the proposal. Copies of all sub- such conferences must also be submitted quantities carried in passenger baggage missions received will be available for in writing in accordance with this notice to those materials expressly excluded examination by interested persons at the in order to become part of the record from the applicability of Part 103. office of the Commander, Thirteenth for consideration. The proposal con- Interested persons are invited to par- Coast Guard District. tained in this notice may be changed in ticlpate In the making of the proposed The Commander, Thirteenth Coast the light of comments received. rule by submitting such written data, Guard District will forward any com- The official docket will be available for views, or arguments as they may desire. ments received before March 5, 1972, and examination by interested persons at the Communications should Identify the his recommendations to the Chief, Office Office of the Regional Counsel, Federal regulatory docket or notice number and of Marine Environment and Systems, Aviation Administration, 154 Middlesex be submlttea in duplicate to: Federal U.S. Coast Guard Headquarters, who will Street, Burlington, MA. Aviation Administration, Office of the evaluate all communications received and The Federal Aviation Administration, General Counsel, Attention: Rules take final action on this proposal. The having completed a review of the air- Docket, GC-24, 800 Independence Ave- proposed reguIatiods may be changed in space requirements for the terminal area nue SW., Washington, DC 20591. All light of comments received. of Lebanon, N.H., proposes the airspace communications received on or before In consideration of the foregoing, it is action hereinafter set forth. May 3, 1972, will be considered by the proposed to amend Titie-33 of the Code Administrator before taking action on of Federal Regulations by deleting 1. Amend § 71.171 of Part 71 of the § 110.- Federal the proposed rule. The proposals con- 230 (a) (5). Aviation Regulations so as to tained in this notice may be changed in amend the description of the Lebanon, the light of comments received. All com- (Sec. 7, 38 Stat. 1053, as amended, sec. 6(g) N.L, control zone by deleting the coordi- (1) (A), 80 Stat. 937; 33 U.S.C. 471, 49 U.S.C. nates "43°37'35" N., 72018'I011 W.1 and ments submitted will be available, both 1655(g) (1) (A); 49 CPR 1.46(c) (1), 33 CFR before and after the closing date for 1.05-1(c),(1) (36FP.R. 19160)) substituting "43037'4111 N., 72°18'21" W." In lieu thereof; and by adding at the end comments, in the Rules Docket for Dated: January 27, 1972. examination by Interested persons of the present description "within 2 miles By letter of April 2, 1970, the Air J. M. Ausmni, each side of the centerline of runway 7 Transport Association of America Captain, U.S. Coast Guard,Act- extending 6 miles from the end of the (ATA), petitioned the FAA to amend ing Chief, Office of Marine runway." § 103.1(c) of the Federal Aviation Regu- Environment and Systems. 2. Amend § 71.181 of Part 71 of the lations to expressly exclude from the Federal Aviation Regulations so as to [FR Doc.72-1617 Filed 2-2-72;8:50 am] applicability of Part 103 medicinal and delete the description of the Lebanon, toilet articles in small quantities carried N.H., 700-foot floor transition area and in passenger baggage. Federal Aviation Administration insert the following in lieu thereof: Section 103.1(b) defines dangerous [14 CFR Part 71] That airspace extending upward from 700 articles, and includes, among other feet above the surface, within an arc of a things, compressed gases, corrosive liq- [Airspace Docket No. 72-NE-1] 23.5-mile-radius circle centered on the ulds, and flammable liquids and solids. Lebanon, N.I Regional Airport (43'37'41" CONTROL ZONE AND TRANSITION N., '2°18'211" W.) extending clockwlre be- Each of these materials may be found - AREA tween the 034 and 134' bearings from the In one or more forms in many toilet Lebanon Airport; within an arc of an 18-mile- articles and medicines. As dangerous Proposed Alteration radius circle centered on the Lebanon Airport extending clockwise between the 234" and articles, they are subject to the special The Federal Aviation Administration 231* bearings from the Lebanon Airport; labeling, packing, and marking require- is considering amending §§ 71.171 and within an arc of a 23.5-mile-radius circle ments of 49 CPR Parts 172 through 178

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2588 PROPOSED RULE MAKING applicable to transportation by rail ex- the proposed rule. The proposals con- portation of dangerous article outs.d0 press. However, the FAA agrees with the tained in this notice may be changed in the United States. ATA contention that it is not appropriate the light of comments received. All corn- This amendment is proposed under to so regulate the carriage of these arti- mdnts submitted will be available, both the authority of sectIons 313 (a) and 601 cles when carried in small quantities in before and after the closing dat'e for of the Federal Aviation Act of 19058 (49 an article of crewmember or passenger comments, in the Rules Docket for ex- U.S.C. 1354(a) and 1421), and section baggage. Accordingly, it is proposed to amination by interested persons. 6(c) of the Department of Transporta- add a new § 103.1(c) (5) to specifically Section 103.5 currently permits FAA tion Act (49 U.S.C. 1655()). exclude such articles from the applicabil- Flight Standards District Offices to au- Issued in Washington, D.C., on Janu- ity of Part 103 when they are carried in thorize devialions from the provisions of ary 27, 1972. containers of 10 ounces or less in an Part 103 for one or more flights of a R. S. SLirr, or passenger particular operation, subject to certain Dircotor, article of crewmember specified conditions. Acting baggage. The condition in § 103.5(a) (11) limits Flight Standards Service. In consideration of the foregoing, it is deviation authorizations to civil aircraft IFP. Doc.72-1578 FIled 22-72;8:47 am] proposed to amend Part 103 of the Fed- by changing in the United States. As a consequence, eral Aviation Regulations if an, operator wishes to obtain relief the period at the end of § 103.1(C) (4) Hazardous Materials Regulations to a semicolon, and by adding a new from Part 103 for a flight departing from subparagraph, designated (5), to read the United States for a place outside Board thereof, he must petition the Adminis- as follows: t'rator for an exemption under the au- £49 CFR Paris 173, 178 1 § 103.1 Applicability. thority of § 11.25 of the Federal Aviation [Docket No. M'-74; Notlco No. 71-101 Regulations. (C) * Administrative experience indicates TRANSPORTATION OF HAZARDOUS toilet articles In that it would be appropriate to permit MATERIALS (5) Medicinal or FAA District Offices to authorize devia- quantities of 10 ounces or less per con- tions from Part 103 for flights depart- Cylinders Manufactured Outside tainer when carried in an article of ing from the United States for a des- United States; Reopening for Ad- crewmember or passenger baggage. tination outside of the United States. ditional Comments This amendment is proposed under Accordingly, it is proposed to broaden the authority of sections 313(a) and 601 the authorization limitation currently On June 10, 1971, the Hazardous Ma- of the Federal Aviation Act of 1958 (49 prescribed in § 103.5 (a) (11) to permit terials Regulations Board published U.S.C. 1354(a) and 1421), and section deviations to be granted for flights which Docket No. HU-74; Notice No. 71-10 (36 6(c) of the Department of Transporta- depart from the United States for a place FR. 11224), Cylinders Manufactured tion Act (49 U.S.C. 1655(c)). Outside the United States. In response to outside thereof. a petition, the Board extended the period Issued in Washington, D.C., on Janu- This proposal would also emphasize the for comments on this notice to Novem- ary 27, 1972. fact that an authorization for deviation R. S. Ssn ', ber 1, 1971 (36 FR. 13793). does not grant authority for flight over Upon review of the comments filed, tho Acting Director, or into a foreign country with dangerous the Board is of the opinion that additional FlightStandards Service. articles aboard, nor does it relieve information would be beneficial in assist- [Fra foc.72-1577 Filed 2-2--72;8:47 am] holder from obtaining proper clearance from customs officials or other govern- ing It to arrive at a proper determination ment agencies for the transportation of in this matter. Accordingly, the com- articles outside the United ment period is reopened for the purposo E 14 CFR Part 103 I dangerous of receiving comments on the following States. questions: IDocket No. 11682; Notice No. 72-3] In consideration of the foregoing, it is 1. Are changes to the specifications for TRANSPORTATION OF DANGEROUS proposed to amend Part 103 of the Fed- cylinders in Part 178 of the Department'a ARTICLES AND MAGNETIZED MA- eral Aviation Regulations as follows: Hazardous Materials Regulations re- TERIALS 1. Section 1(13.5 is amended by chang- quired to Insure the safe quality of cylin- ing subparagraph (11) in paragraph (a) ders transported in the United States Proposed Authority for Deviation and by adding a new paragraph (e) Im- regardless of their origin? if so, what The Federal Aviation Administration mediately after paragraph (d) to read as specific changes are required? Is considering amending Part 103 of the follows: 2. In the June 10, 1971 notice, It wa3 Federal Aviation Retulatons to broaden § 103.5 Authority to deviate. proposed thatcthe Board withdrav the the present authority presently vested in the Bureau authority in § 103.5 to grant (a) * * * of Explosives to approve inspectors In the deviations from the provisions of that (11) The authorization is limited to part, under certain conditions, for the United States and place within the De- flights of civil aircraft in the United partment the sole authority to approve carriage of' dangerous articles. The States and to flights of civil aircraft that present authority is limited to the flights both domestic and foreign inspectors. In depart from the United States for a light of that proposal, what specific of civil aircraft conducted within the place out~side thereof. United Sfates. The propor2d amendment quallfications and requirement- should would extend that authority to cover cylinder inspectors be required to meet in flights of civil aircraft that depart from (e) An authorization for a deviation order to obtain and maintain Depart- the United States for a place outside of from the provisions of this part for one mental approval? the United States. or more flights of an operation that have To contribute to the Information that Interested persons are invited to par- as their destination a place outside the will be available to the Board regard- ticipate in the making of the proposed United States does not: ing these questions, representatives of rule by submitting such written data, (1) Grant authority for overflying a the Office of Hazardous Materials will views, or arguments as they may desire. foreign country nor for landing in a continue their study and examination Communications should identify the foreign country; therefore, the holder of of the specifications and inspection re- regulatory docket or notice number the authorization should secure permis- quirements. A full report of the oxami- and be submitted in duplicate to: Fed- sion from the foreign country or coun- nations and the observations of Office eral Aviation Administration, Office of tries involved prior to flight over or into of Hazardous Materials representatives the General Counsel, Attention: Rules those countries with dangerous articles will be placed in the docket. Docket, GC-24, 800 Independence Ave- aboard; nor Interested persons are invited to Live nue SW., Washington, DC 20591. All (2) Grant relief froni compliance with their views on the questions posed in this communications received on or before applicable customs regulations or the notice. Communications should Identify May 3, 1972, will be considered by the applicable regulations of any other gov- the docket number and be submitted in Administrator before taking action on ernment agencies governing the trans- duplicate to the Secretary, Hazardous

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING 25S9

Materials Regulations Board, Depart- thority of sections 831-835 of title 18, comments, objections, and suggestions ment of Transportation, 400 Sixth Street United States Code, section 9, Depart- submitted 'wll be available for public in- SW., Washington, DC 20590. Communi- ment of Transportation Act (49 U.S.C. uctlon at the addrezs given in this no- cations received on or before June 1, 1657), and title VI and section 902(h) of tice during the regular business hours of 1972, l be considered before final ac- the Federal Aviation Act of 1958 (49 the Commission (8:15 a.m. to 4:45 p.m., tion is taken on the proposal. All com- U.S.C. 1421-1430 and 1472(h)). Monday through Friday). The proposed ments received will be available for Issued in Washington, D.C., on Janu- Subpart D reads as follows: examination by interested persons at the ary 31, 1972. Subpart D-Nondiscrimination in Fed- Office of the Secretary, Hazardous Ma- W. J. BUM.s, erally Assisted Programs of the U.S. terials Regulations Board, both before Chairman,Hazardous Civil Service Commission-Effectu- and after the closing date for comments. MaterialsRegulations Board. ation of Title VI of the Civil Rights This proposal [FR Doc.72-1623 FUled 2-2-72;8:0 am] is made under the au- Act of 1964

DEPARTMENT OF THE INTERIOR 900.401 Purpoa. 90OA02 Application of this subpart-. Fish and Wildlife Service 900A03 DefinitionG. [50 CFR Part 17] 900A04 Dlzcrlmination prohibited. 00OA05 Assuranccs required. CONSERVATION OF ENDANGERED SPECIES AND OTHER FISH OR WILDLIFE 900A00 Compliance informatlon. 000.407 Conduct of lavcatigations. Notice of Proposed Rule Making 900.403 Prc-dur for effecting compliance. 900.403 HearinZ3. Notice is hereby given, pursuant to the authority contained in the "Endangered 900.410 DeciL ons and notices. Species conservation Act of 1969," 80 Ztat. 926 (16 U.S.C. 668aa-068cc), as 900.411 Judicial review. amended 83 Stat. 275 (16 U.SC 668cc-1 to 668cc-6), that he Secretarv of the 900.A12 Effect on other regulations, forms, Interior proposes to amend Title 50, Part 17, Appendix A, of the Code of Federal -Regulations. and Instructions. The proposed amendment would add to the "US . List of Endangered Foreign Appendix A-ActivIties to which this sub- Fish and Wildlife" the following species of mammals: part applie. Appendix B-Actvitles to which this sub- Commonname Sientific name WiLre fcund part appliea when a primary objec- tivo of the Federal financial assist- Cheetah -...... ---- Acnonuuuf ...... Afrca,Ab Minr, In . Leopard ....--- ...... Pantrapardu...------Arca, AtsliaUnvr. lnda, anco 13 to provide employment. FoUuic,t Aaia, Kccam Appendix C-Applicatlon of Subpart D, Part Tiger ------.-.-.-.....------Panthcra Isrfs ------Ccutral A", Chias na Cl.1, 900, to programs receiving Federal to Indlia,Incndca and financial a=sIstance of the US. Civil Snow leopard ------Pandera unca ------CctalAr Service Comnion. ------Pathera onca------Cctral and authAm ra.-- Ocelot Fdispardals------...... Do. Au-raror: The provisions of this Sub- idargay ------Fels wkdii ------...... Do. part D issued under sac. C02, '78 Stat. 252; 42 Tiger cat ...... ------FEdis tfgrina ------Ccla Rica to ncrttm Sauth Amaci. U.S.C. 2000d-1. Consistent with the foregoing proposal, and in recognition of the fact that by § 900.401 Pmpose. listing the species, the law will apply to their subspecies as Well, it is further The purpose of this subpart is to ef- proposed to amend the "U.S. List of Endangered Foreign Fish and Wildlife" by fectuate the provisions of title VI of the deleting the following subspecies of the species named above: Civil Rights Act of 1964 (hereafter re- ferred to as the Act) to the end that a Common name Scientific name Whpeu'tami person in the United States shall not, Asiati cheetab -. ---...... -. Acinonyjuiu rnaliu....-...... S.S.R., Aill ass. Iran, on the ground of race, color, or national ,akldtan tlcrmrrlv Inhqa, origin, be excluded from participation Iraq, and Eaud[Aslbua). S opa rd ...... Pantheraadtajarls. ....------SnA. S3ul Arat,. in, be denied the benefits of, or be other- Barb-arg ...... -e-opa ----- Pa.thcra...... -a-- . . ------wise subjected to disdrimliation under lntoian Moroo. -AbI, Tlnl Ieopar...... - anerapardau tlliana ...... Lebam"ark', kvad,Syria c ,rdan, a program or activity receiving Federal Ball tiger ---- anthera11.7rs baca------...---- Bl Inec1) financial assistance from the Commis- avantiger ...... -- Panthra t1girs and -...... - . lnoni)a. sion. Caspian tiger-...... Panhera t1gris rala ...... - ... .. Rwla, Aganian, Inn. Sumatrantger------. .. Panfhcrafi risSratr.....------Inonia § 900.402 Applicationof this sunbpart. It is understood that subsequent to the (a) This subpart applies to each pro- notice period stated below, the Secretary CIVIL SERVICE COMMISSION gram for which Federal financial assist- of the Interior is not foreclosed from ance is authorized under a law adminis- publishing a list which omits one or more [ 5 CFR Part 900 ] tered by the Commission, including the federally assisted programs listed in Ap- of the species herein proposed for li#- NONDISCRIMINATION IN FEDERALLY ing, or which retains subspecies herein pendix A to this subpart. It also applies proposed for delisting, or finally, which ASSISTED PROGRAMS to money paid, property transferred, or includes only some subspecies of the Notice of Proposed Rule Making other Federal financial assistance ex- -species herein proposed for listing. tended under a program after the effec- nterested persons are invited to sub- Notice is hereby given that pursuant tive date of this subpart pursuant to an mit written comments, suggestions, or to the authority of section 002 of the application approved before that effec- Civil Rights Act of 1964 (42 U.S.C. sec- tive date. This subpart does not apply to: objections concerning the proposed tion 2000d-1), the Civil Service Commis- (1) Federal financial assistance by amendments, to the Director, Bureau of sion proposes to add Subpart D to Part way of Insurance or guaranty contracts; Sport Fisheries and Wildlife, U.S. De- 900 of Title 5 of the Code of Federal Reg- (2) Money paid, property transferred, partment of the Interior, Washington, ulations to implement Section 601 of or other assistance extended under a D.C. 20240, within 30 days of the date of the Civil Rights Act of 1904. Interested program before the effective date of this publication of this notice in the FEDERAL persons may submit written comments, subpart, except when the assistance was REGIsTER objections, or suggestions to the Bureau subject to the title VI regulations of an of Intergovernmental Personnel Pro- agency whoze responsibilities are now ROGERS C. B. MORTON, grams, Secretary of the Interior. U.S. Civil Service Commission, exercised by the Commission; Washington, D.C. 20415, within 30 days (3) Assistance to any individual -ho FEBRUARY 1, 1972. after the date of publication of this no- is the ultimate beneficiary under a pro- [FR Doc.72-1667 Piled 2-1-72; 12:31 pm] tice In the FEDERAL REGISTER. Written gram; or

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2590 PROPOSED RULE MAKING

(4) Employment practices, under a vided under a program receiving Federal (vi) Deny a person an opportunity to program, of an employer, employment financial assistance are deemed to in- participate in the program through the agency, or labor organization, except to clude a service, financial aid, or other provision of services or otherwise or af- the extent described in § 900.404(c). benefits provided with the aid of Federal ford him an opportunity to do so which The fact that a program is not listed in financial assistance or with the aid of any is different from that. afforded others Appendix A to this subpart does not non-Federal funds, property, or other under the program. mean, if title VI of the Act is otherwise resources required to be expended or (2) A recipient, in determininU the applicable, that the program is not made available for the program to meet typez of services, financial aid, or other covered. Other programs under statutes the matching requirements or other benefits, or facilities which will be pro- now in force or hereinafter enacted may conditions which must be met in order vided under a program or the class of be added to Appendix A to this subpart. to receive the Federal financial assist- person to whom, or the situation, in (b) In a program receiving Federal ance, and to include services, financial which, the services, financial aid, other financial assistance in the form, or for aid, or other benefits provided in or benefits, or facilities will be provided the acquisition, of real property or an through a facilitiy provided with the aid under a program, or the class of person interest in real property, to the extent of Federal financial assistance or non- to be afforded an opportunity to partici- that rights to space on, over, or Under Federal resources. pate in a program, may not, directly or that property are included as part of (f) "Recipient" may mean any State, through contractual or other arrange- the program receiving that assistance, the District of Columbia, the Common- ments, utilize criteria or methods of ad- the nondiscrimination requirement of wealth of Puerto Rico, a territory or ministration which have the effect of this subpart extends to a facility located possession of the United States, or any subjecting persons to discriminatlon be- 'wholly or in part in that space. political subdivision thereof, or Instru- cause of their race, color, or national mentality thereof, any public or private origin, or have the effect of defeating or § 900.403 Definitions. agency, institution, or organization, or substantially impairing accomplishment Unless the context requires otherwise, other entity, or any individual in any of the objectives of the program with in this subpart: State, the District of Columbia, the respect to Individuals of a particular (a) "Applicant" means a person who Commonwealth of Puerto Rico, or terri- race, color, or national origin. submits an-application, request, or plan tory or possession of the United States, (3) As used in this section, the serv- required to be approved by the Commis- to whom Federal financial assistance is ices, financial aid, or other benefits pro- sion, or by a-primary recipient, as a extended, directly or through another vided under a program receiving Federal condition to eligibility for Federal finan- recipient, for any program, including any financial assistance include a service, cial assistance, and "application" means succe§sor, assignee, or transferee thereof, financial aid, or other benefit provided In that application, request, or plan. but the term does not include any ulti- or through a facility provided with the (b) "Facility" includes all or any part mate beneficiary under a program. aid of Federal financial assistance. of structures, equipment, or other real (g) "Chairman" means the Chairman (4) The enumeration of specific form3 or personal property or interests therein, of the U.S. Civil Service Commission, or, of prohibited discrimination in this para- ,and the provision of facilities includes except in § 900.410, any person to whom graph does not limit the generality of the the construction, expansion, renovation, he has delegated his authority in the prohibition In paragraph (a) of tli, remodeling, alteration, or acquisition of matter concerned. section. facilities. § 900.404 Discrimination prohibited. (5) Examples demonstrating the ap- (c) "Federal financial assistance" plication of the provisions of this sec- includes: (a) General. A person in the United tion to certain programs receiving Fed- (1) Grants and loans of Federal funds; States shall not, on the ground of race, eral financial assistance from the Com- (2) The grant or donation of Federal color, or national origin be excluded from mission are contained in Appendix C of property and interests in property; participation in, be denied the benefits this subpart. of, or be otherwise subjected to discrimi- (3) The detail of Federal personnel; . (6) (i) A recipient, acting In accord- (4) The sale and lease of, and the per- nation under, a program to which this subpart applies. ance with law not inconsistent with the mission to use (on other than a casual or Constitution and laws of the United transient basis), Federal property or any (b) Specifie discriminatory actions prohibited. (1) A recipient under a pro- States, may consider race, color, or na- interest in the property without con- tional orgin-in administering a program sideration or at a nominal consideration, gram to which this subpart applies may not, directly or through contractual or if the purpose of that consideration Io to or at a consideration which is reduced overcome the effect of prior practices or for the purpose of assisting the recipi- other arrangements, on the ground of ent, race, color, or national origin- conditions which had the effect of limit- or in recognition of the public inter- ing participation by persons of a par- est to be served bsf the sale or lease to the (i) Deny a person a service, financial ticular race, color, or national origin and recipient; and aid, or other benefit provided under the to provide equal access to the program. (5) A Federal agreement, arrange- program; (ii) In administering a program re- ment, or other contract which has as (i) Provide a service, financial aid, or garding which the recipient had pre- one of its purposes the provision of other benefit to a person which is differ- viously discriminated against persons on assistance. ent, or is provided in a different manner, the ground of race, color, or national (d) "Primary recipient" means a re- from that provided to others under the origin, the recipient shall take reason- cipient that is authorized or required program; able steps to overcome the effects of the to extend Federal financial assistance to (iII) Subject a person to segregation or prior discrimination. another recipient for the purpose of separate treatment in any matter related (c) Employment practices. (1) When carrying out a program. to his receipt of a service, financial aid, a primary objective of a program of Fed- (e) "Program" includes a program, or other benefit under the program; eral financial assistance to which thil project, or activity for the provision of (iv) Restrict a person in any way in subpart applies Is to provide employ- services, financial aid, or other benefits the enjoyment of an advantage or priv- ment, a recipient or other party subject to individuals (including education or ilege enjoyed by others receiving a serv- to this subpart shall not, directly or training or other services whether pro- ice, financial aid, or other benefit under through contractual or other arrange- vided through employees of the recipient the program; ments, subject a person to discrlminit- of Federal financial assistance or pro- (v) Treat a person differently from tion on the ground of race, color, or na- vided by others through contracts or others in determining whether he satis- tional origin in Its employment practices other arrangements with the recipient, fies an admission, enrollment, quota, under the program (including recruit- and including work opportunities), or eligibility, membership, or other require- ment or recrtitment advertising, hiring, for the provision of facilities for fur- ment or condition which persons must firing, upgrading, promotion, demotion, nishing services, financial aid, or meet in order to be provided a service, transfer, layoff, termination, rates of pay, other benefits to individuals. The serv- financial aid, or other benefit provided or other forms of compensation or bene- ices, financial aid, or other benefits pro- under the program; or fits, selection for training or apprentice-

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING 2591

of recipient retains dwnershp or possession applicant establishes, to the satisfaction ship, use of facilities, and treatment of the responsible Commission official, employees). A recipient shall take af- of the property, whichever is longer. In other cases, the assurances obligate the that the practices In other agencies or firmative action to insure that applicants parts or programs of the governmental and employees are treated recipient for the period during which the a:re employed, Federal financial assistance Is extended unit will in no way affect (1) its prac- d ring employment, without regard to tices in the Drog-ram for which Federal or national origin. The re- to the program. In the case where the race, color, assistance is sought for the construction financial assistance Is sought, or (2) the quirements applicable to construction beneficiaries of or participants in or per- under a program are those of a facility or part of a facility, the as- employment surances shall extend to the entire facil- sons affected by the program, or (3) full specified in or pursuant to part 311 of compliance with this subpart as respects Order 11246 or any Executive ity and to the facilities operated in con- Executive nection therewith. The Comnmisson shall the program. order which supersedes it. academic and to specify the form of the foregoing assur- (c) Assurance from (2) Federal financial assistance other institutions. (1) In the case-of an laws funded or admin- ances for each program, and the extent programs under to which like assurances will be required application for Federal financial assist- istered by the Commission which have as em- of subgrantees, contractors and sub- ance by an academic institution, the as- a primary objective the providing of by this section extends those set forth in Ap- contractors, transferees, successors in surance required ployment include interest, and other participants in the to admission practices and to all other pendix B to this subpart. program. The assurances shall include practices relating to the treatment of (3) In regard to Federal financial provisions which give the United States students. assistance which does not have providing the right to seek Judicial enforcement. (2) The assurance required by an aca- employment as a primary objective, the (2) When Federal financial assistance demic institution, detention or correc- (1)' provisions of subparagraph of this is provided in the form of a transfer of tional facility, or any other institution paragraph apply to the employment real property, structures, or improve- or facility, relating to the institution's practices of the recipient if discrimina- from to admission or or na- ments thereon, or interest therein, practices with respect tion on the ground of race, color, the Federal Government, the instrument other treatment of individuals as stu- tional origin in the employment prac- or recording the transfer shall wards, inmates, persons race, color, effecting dents, patients, tices tends, on the ground of zontain a covenant running with the subject tc control, or clients of the in- or national origin, to exclude persons the land assuring nondiscrimination for the stitution or facility or to the opportunity from participation in, to deny them period during which the real proprty to participate in the provision of serv- benefits of, or to subject them to discrim- the Fed- treatment, or benefits receiving is used for a purpose for which ices, disposition, ination under, the program eral-financial assistance is extended or to these individuals, is applicable to the Federal financial assistance. The pro- the provi- or facility unless the of this para- for another purpose involving entire institution visions of subparagraph (1) sion of similar services or benefits. When applicant establishes, to the satisfaction graph apply to the extent necessary to no transfer of property or interest therein of the responsible Commission official, to assure equality of opportunity in- in designated parts or treatment of from the Federal Government is that the practices and nondiscriminatory volved, but property is acquired or im- programs of the institution or facility beneficiaries. proved under a program of Federal will in no way affect Its practices in the (d) In determining the site or loca- financial assistance, the recipient shall pro-ram of the institution or facility for tion of facilities, a recipient or appli- agree to include a covenant in any sub- which Federal financial assistance is cant may not make selections with the sequent transfer of the property. When sought, or the beneficiaries of or par- purpose or effect of excluding individuals the Fed- If the assist- or the property is obtained from ticipants in the program. from, denying them the benefits of, eral Government, the covenant may also ance sought is for the construction of a subjecting them to discrimination under, include a condition coupled with a right facility or part of a facility, the assur- a program to which this subpart applies, to be reserved by the Commission to re- ance shall extend to the entire facility on the ground of race, color, or national in connection of vert title to the property in the event of and to facilities operated origin; or with the purpose or effect a breach of the covenant where, in the therewith. defeating or substantially impairing the programs.Every the discretion of the Commission, such a (d) Continuing State accomplishment of the objectives of condition and right of reverter is appro- application by a State or a State agency Act or this subpart. priate to the program under which the to carry out a program involving con- § 900.405 Assurances required. real property is obtained and to the tinuing Federal financial asstance to (1) An application for nature of the grant and the grantee. In which this subpart applies (including the (a) General. of real property programs listed in Appendix A to this Federal financial assistance to carry out the event a transferee this subpart ap- proposes to mortgage or otherwise en- subpart) shall as a condition to its ap- a program to which Federal a program to which para- cumber the real property as security for proval and the extension of plies, except of new, or im- financial assistance pursuant to the ap- graph (d) of this section applies; and financing construction every application for Federal financial provement of existing, facilities on prop- plication (1) contain or be accompanied a facility shall, as erty for the purposes for which the prop- by a statement that the program is (or, assistance to provide be) a condition to its approval and the ex- erty was transferred, the Commission in the case of a new program, will tension of Federal financial assistance may agree, on request of the transferee conducted in compliance with the re- contain or and if necessary to accomplish the fi- quirements imposed by or pursuant to pursuant to the application, as he deems be accompanied by, assurances that the nancing, and on conditions this subpart, and (2) provide or be ac- program will be conducted or the facility appropriate, to subordinate a right of companied by provision for methods of operated in compliance with the require- reversion to the lien of a mortgage or administration for the program as are ments imposed by or pursuant to this other encumbrance. found by the Commission to give reason- subpart. Every program of Federal (b) Assurances from government able guarantee that the applicant and, financial assistance shall require the *agencies.In the case of an application all recipients of Federal financial assist- submission of these assurances. In the from a department, agency, or office of ance under the program will comply with case where the Federal financial assist- a State or local government for Federal the requirements imposed by or pursuant ance is to provide or is in the form of financial assistance for a specified pur- to this subpart. required by this sec- personal property, or real property or in- pose, the assurance § 900.406 Compliance information. terest therein or structures thereon, the tion shall extend to any other depart- assurances shall obligate the recipient, ment, agency, or office of the same gov- (a) Cooperatfon and assistance. The or, in the case of a subsequent transfer, ernmental unit if the policies of the other Commission, to the fullest extent prac- the transferee, for the period during department, agency, or office will sub- ticable, shall seek the cooperation of re- which the property is used for a purpose stantially effect the project for which cipients in obtaining compliance with for which the Federal financial assist- Federal financial assistance Is requested. this subpart and shall provide assistance ance is extended or for another pur- and guidance to recipients to help them provision of -similar That requirement may be waived by the pose involving the with this subpart. services or benefits, or for as long as the responsible Commission official if the comply voluntarily

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 No. 23-5 PROPOSED RULE MAKING

(b) Compliance reports. Each recipi- comply with this subpart, the Commis- ance cannot be secured by Informal vol- ent shall keep records and submit to the sion will so inform the recipient and the untary means; Commission timely, complete, and ac- matter will be resolved by voluntary (2) There has been an express finding curate compliance reports at the times, means whenever possible. If it has been on the record, after opportunity for hear- and in the form and containing the in- determined that the matter cannot be ing, of a failure by the applicant or formation the Commission may deter- resolved by voluntary means, action will recipient to comply with a requirement mine necessary to enable it to ascertain be taken as provided for in § 900.408. imposed by or pursuant to this subpart; whether the recipient has complied or (2) If an investigation does not war- (3) The action has been approved by is complying with this subpart. In the rant action pursuant to subparagraph the Commission pursuant to § 900.410(e ; case of a program under which a primary (1) of this paragraph the Commission and recipient extends Federal financial as- will so inform, in writing, the recipient (4) The expiration of 30 days after sistance to other recipients, the other and the complainant, if any. the Chairman of the Civil Service Com- recipients shall also submit compliance (e) Intimidatory or retaliatorJ acts other person mission has filed with the committee of reports to the primary recipient as may prohibited. A recipient or the House and the committee of the Sen- be necessary to enable the primary re- shall not intimidate, threaten, coerce, or ate having legislative Jurisdiction over cipient to carry out its obligation~s under discriminate against an individual for the program involved, a full written re- this subpart. the purpose of interfering with a right port of the circumstances and the (c) Access to sources of information. or privilege secured by section 601 of the grounds for the action. Each recipient shall permit access by Act or this subpart, or because he has the Commission during normal business made a complaint, testified, assisted, or An action to suspend or terminate or re- hours to its books, records, accounts, and participated in any manner in an investi- fuse to grant or to continue Federal fi- other sources of information, and its fa- gation, proceeding, or hearing under this nancial assistance shall be limited to the cilities as may be pertinent to ascertain subpart. The identity of complainants particular political entity, or part there- compliance with this subpart. When in- shall be kept confidential; except to the of, or other applicant or recipient as to formation required of a recipient is in extent necessary to carry out the pur- whom a finding has beon made and thall the exclusive possession of another poses of this subpart, including the con- be limited in its effect to the particular agency, institution, or person and this duct of. an investigation, hearing, or program, or part thereof, In which the agency, institution, or person fails or judicial proceeding arising thereunder. noncompliance has been so found. information, the by lavi. refuses to furnish this § 900.403 Procedure for effecting com- (d) Other means authorized recipient shall so certify in its report and pliance. An action to effect compliance with shall set forth what efforts it has made to title VI of the Act by other means au- obtain the information. (a) General. (1) If there appears to be thorized by law shall not be taken by d) Information to beneficiaries and a failure or threatened failure to comply the Commission until- participants..Each recipient shall make with this subpart, and if the noncompli- (1) The Commission has determined available to participants, beneficiaries, ance or threatened noncompliance can- that compliance cannot be secured by and other Interested persons the infor- not be corrected by informal means, voluntary means; mation regarding the provisions of this compliance with this subpart may be (2) The recipient or other person hag subpart and its applicability to the pro- effected by the suspension or termina- been notified of Its failure to comply gram under which the recipient received tion of or refusal to grant or to continue financial assistance or by other and of the action to be taken to effect Federal financial assistance, and make Federal compliance; and this information available to them in the means authorized by law. (3) The expiration of at least 10 dayl manner, as the Commission finds neces- (2) Other means may include, but are persons of the pro- from the mailing of a notice to the re- sary, to apprise the not limited to, (i) a reference to the De- person. During this period of tections against discrimination assured partment of Justice with a recommenda- ciplient or them by the Act- and this subpart. at least 10 days, additional efforts shall tion that appropriate proceedings be be made to persuade the recipient or § 900.407 Conduct of investigations. brought to enforce the rights of the of the United other person to comply with the regula- United States under a law tion and to take corrective action vs ficy (a) Periodic compliance reviews. The States (including other titles of the Act), Commission may from time to time re- or an assurance or other contractual un- be appropriate. view the practices of recipients to deter- dertaking, and (ii) an applicable pro- § 900.409 Hearings. mine whether they are complying with ceeding under State or local law. (a) Opportunity for hearing. When 'this subpart. with § 900.405. If (b) Complaints. Any person who be- (b) Noncompliance an opportunity for a. hearing is required an applicant fails or refuses to furnish by § 900.408(c), reasonable notice shall lieves himself or any specific class of or persons to be subjected to discrimina- an assurance required under § 900.405 be given by registered or certified mail, otherwise fails or refuses to comply with return receipt requested, to the affected tion prohibited by this subpart may by pursuant himself or by a representative file with a requirement imposed by or applicant or recipient. This notice shall to that section, Federal financial assist- advise the applicant or recipient of the the Commission a written complaint. A refused in accordance with complaint shall be filed not later than ance may be action proposed to be taken, the specific the procedures of paragraph (c) of this provision under which the proposed 90 days after the date of the alleged dis- be re- crimination, unless the time for filing is section. The Commission shall not action against It is to be taken, and the quired to provide assistance in that case matters of fact or law asserted as the extended by the Commission. during the pendency of the administra- (c) Investigations. The Commission basis for this action, and either (1) fix, tive proceedings under this paragraph. a date not less than 20 days after the will make a prompt investigation when- 900.412, the Com- ever a compliance review, report, lcom- Subject, however, to § date of notice within which the appli- plaint, or other information indicates a mission shall continue assistance during cant or recipient may request of the possible failure to comply with this sub- the pendency of the proceedings where Commission that the matter be sched- part. The investigation- will include, the assistance is due and payable pursu- uled for hearing or (2) advise the appli- when appropriate, a review of the perti- ant to an application approved prior to cant or recipient that the matter in nent practices and policies of the recipi- the effective date of this subpart. question has been set down for hearing ent, the circumstances under which the (c) Termination of or refusal to grant at a stated time and place. The time and possible noncompliance with this sub- or to continue Federal financial assist- place so fixed shall be reasonable and part occurred, and other factors relevant ance. An order suspending, terminating, subject to change for cause. The com- to a determination as to whether the re- or refusing to grant or to continue Fed- plainant, if any, shall be advised of the cipient has fTiled to comply with this eral financial assistance shall not become time and place of the hearing. An appli- subpart. effective until- cant or reclpieiit may waive a hearing and (d) Resolution of matters. (1) If an (1) The Commission has advised the and submit written information applicant or recipient of his failure to argument for the record. The failure of investigation pursuant to paragraph (c) to request a of this section indicates a failure to comply and has determined that compli- an applicant or recipient

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING 2593 hearing under this paragraph or to ap- provide for the conduct of consolidated or Comm sion, which may approve the de- pear at a hearing for which a date has joint hearings, and for the application to c1on, vacate It, or remit or mitigate a been set is deemed to be a waiver of the these hearings of rules or procedures not sanction imposed. right to a hearing under section 602 of inconsistent with this subpart. Final de- (f) Content of orders. The final deci- the Act and § 900A08(c) and consent to cisions in these cases, Insofar as this slon may provide for suspension or termi- the making of a decision on the basis regulation is concerned, shall be made in nation of, or refusal to grant or continue of the information as is available. accordance with § 900.410. Federal financial assistance, in whole or (b) Time and place of hearing. Hear- § 900.410 Decisions and notices. In part, under the program involved, and ings shall be held at the offices of the may contain the terms, conditions, and Commission in Washington, D.C., at a (a) Procedureon decisions by hearing other provisions as are consistent with time fixed by the Commission unless it examiner. If the hearing is held by a and will effectuate the purposes of the determines that the convenience of the hearing examiner, the hearing examiner Act and this subprt, including provi- applicant or recipient or of the Commis- shall either make an initial decision, if sions designed to assure that Federal fl- sion requires that another place be so authorized, or certify the entire record nancial assistance will not thereafter be selected. Hearings shall be held before including his recommended findings and extended under the programs to the ap- the Commission, or at its discretion, be- proposed decision to the Commission for plicant or recipient determined by the fore a hearing examiner appointed in a final decision, and a copy of the initial decision to be in default in its perform- accordance with section 3105 of title 5, decision or certification shall be mailed ance of an assurance given by it under United States Code, or detailed under to the applicant or recipient. When the this subpart, or to have otherwise failed section 3344 of title 5, United States initial decision is made by the hearing to comply with this subpart, unless and Code. examiner, the applicant or recipient may, until It corrects its noncompliance and (c) Right to counsel. In all proceedings within 30 days after the mailing of a satsfles the Commission that it will fully under this section, the applicant or re- notice of initial decision, file with the comply with this subpart. Commission cipient and the Commission have the his exceptions to the initial (g) Po3ttermnination. prcceedings. (1) right to be represented by counsel. decisign, with his reasons therefor. In An applicant or recipient adversely (d) Procedures, evidence, and record. the absence of exceptions, the Commis- sion may, affected by an order issued under para- (1) The hearing, decision, and an ad- on Its own motion, within 45 graph (f) of this section shall be restored ministrative review thereof shall be days after the initial decieon, serve on to full eligibility to the applicant receive Federal finan- conducted in conformity with sections or recipient a notice that cial assistance if it satisfies the terms and 554 through 557 of title 5, United States it will review the decision. On the filing of the exceptions conditions of the order for eligibility, or Code, and in accordance !with the rules or of notice of review, if it brings Itself into compliance with of procedure as are proper (and not the Commission shall review the initial decision and issue this subpart and provides reasonable as- inconsistent with this section) relating its own decision there- surance that It will fully comply with -to the conduct of the hearing, giving of on including the reasons therefor. In the this subpart. notices subsequent to those provided for absence of either exceptions or a notice in paragraph (a) of this of review the initial decision, subject to (2) An applicant orrecipient adversely section, taking affected of testimony, exhibits, arguments and paragraph (e) of this section, shall con- by an order entered pursuant-to briefs, requests for findings, and other stitute the final decision of the Com- paragraph (f) of this section may at any related matters. Both the Commission mission. time request the Commission to restore and the applicant or recipient fully Its eligibility to receive Federal fi- are en- (b) Decisions-on record or review by nanclal assistance. titled to introduce relevant evidence on the Commission. When a record is certi- A request shall be the issues as stated in the notice fled to supported by information showing that for the Commission for decision or the applicant hearing or as determined by the officer the Commission reviews the decision of or recipient has met the conducting the hearing at the outset a hearing examiner pursuant to para- requirements of subparagraph (1) of this of or during the hearing. graph (a) of this section, or when the paragraph. If the Commission determines (2) Technical Commission conducts that those requirements have been satis- rules of evidence do not the hearing, the fled, It shall restore the eligibility. apply to hearings conducted pursuant applicant or recipient shall be given rea- to this subpart, but rules or principles sonable opportunity to file with It briefs (3) If the Commission denies a re- designed to assure production of the or other written statements of the re- quest, the applicant or recipient may most credible evidence available and to clpient's contentions, and a written copy submit a request for a hearing in writing, subject testimony to test by cross- of the final decision of the Commission specifying why it believes the Commis- examination 'shall be applied where will be sentjt4o the applicant or recipient son is in error. The applicant or recipient determined reasonably necessary by the and to the complainant, if any. shall be given an expeditious hearing, officer conducting the hearing. The hear- (c) Decisions on record where a hear- with a decision on the record in accord- ing officer may exclude irrelevant, im- ing is waived. When a hearing is waived ance with the rules or procedures issued material, or unduly repetitious evidence. pursuant to § 900.409, a decision shall be by the Commission. The applicant or Documents and other evidence offered made by the Commission on the record recipient shall be restored to eligibility if or taken for the. record shall be open and a written copy of the decision shall It proves at the hearing that it satisfied to examination by the parties and op- be sent to the applicant or recipient, and the requirements of subparagraph (1) of portunity shall be given to refute facts to the complainant, if any. this paragraph. While proceedings under and arguments advanced on either side this paragraph are pending, the sanc- (d) Rulings required.Each decision of tions imposed of the issues. A transcript shall be made a hearing examiner or the ConmiLIon by the order issued under of the oral evidence except to the extent shall paragraph (f) of this section remain in set forth a ruling on each finding. effect. the substance thereof is stipulated for conclusion, or exception presented, and the record. Decisions shall be based on shall identify the requirement or require- § 900.411 Judicial review. the hearing record and written findings ments imposed by or pursuant to this Action taken pursuant to section 602 shall be made. subpart with which it is found that the (e) Consolidated or joint hearings. of the Act Is subject to judicial review as In applicant or recipient has failed to provided in section 603 of the Act. cases in which the same or related facts comply. are asserted to constitute noncompliance (e) Approval by Commission. A final § 900.412 Effect on other regulations, with this subpart with respect to two or decision by an official of the Commls- forms, and instructions. more programs to which this subpart ap- sion other than by the Commissioners, (a) Effect on other regulations.Regu- plies, or noncompliance with this subpart which provides for the suspension or lations, orders, or like directions issued and the regulations of one or more other termination of, or the refusal to grant or before the effective date of this sub- F deral departments or agencies issued continue Federal financial assistance, or part by the Commission which impose under title VI of the Act, the Commission the imposition of any other sanction requirements designed to prohibit dis- may, by agreement with the other de- available under this subpart or the Act, crimination against individuals on the partments or agencies, when applicable, shall promptly be tranaitted to the ground of race, color, or national origin

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING under a program to which this subpart ing examples without being exhaustive illus- sections 2671-2680, accruing on or after applies, and which authorizes the sus- trate the application of the nondiscrimina- January 18, 1967, for money damage. pension or termination of or refusal to tion provisions of the Civil Rights Act of against the United States for damage to 1964 of this subpart in programs receiving or loss of property or personal injury or grant or to continue Federal financial. financial assistance under programs of the assistance to an applicant for or re- U.S. Civil Service Commission. death caused by the negligent or wrong- cipient of assistance under a program (1) Recipients of IPA financial assistance ful act or omission of any employee of the for failure to comply with the require- for training programs or Fellowships may not National Credit Union Administration ments, are superseded to the extent that differentiate between employees who are eli- while acting within the scope of his of- discrimination is prohibited by this sub- gible for training or fellowships on the fice of employment. ground of race, color, or national origin. part, except that nothing in this subpart (2) Recipients of IPA financial assistance Subpart B-Procedures relieves a person of an obligation as- for training programs may not provide facili- sumed or imposed under a superseded ties for training with the purpose or effect § 750.2 Administrative claim; whcn pre. regulation, order, instruction, or like di- of separating employees on the ground of. sented; place of filing. rection, before the effective date of this race, color, or national origin. (a) For purozas of the regulation, In subpart. This subpart does not supersede UNITrD STATEs CIVI SERV- this part, a claim shall be deemed to any of the following (including future ICE COaMMSSION, have been presented when the National amendments thereof): (1) Executive [SEAL] JA=S C. SPRY, Credit Union Administration receives, at Order 11246 (3 CFR, 1965 Supp.) and Executive Assistant to a place designated in paragraph (b) of regulations issued thereunder or (2) any the Commissioners. this section, an executed Standard Form other orders, regulations, or instructions, am] 95 or other written notification of an In- insofar as these orders, regulations, or [FR Doc.72-1614 Filed 2-2-72;8:50 cident accompanied by a claim for instructions prohibit discrimination on money damages in a sum certain for the ground of race, color, or national damage to or los of property, for per- origin in a program or situation to which sonal injury, or for death, alleged to this subpart is inapplicable, or prohibit NATIONAL CREDIT UNION have occurred by reason of the Incident. discrimination on any other ground. A claim which should have been pre- (b) Forms and instructions.The Com- ADMIIISTRATION sented to the National Credit Union Ad- mission shall issue and promptly make ministration but which was mlstalkenly available to all interested persons forms E 12 CFR Part 750 1 addressed to or filed with another Fed- and detailed instructions and procedures TORT CLAIMS AGAINST THE eral agency, shall be deemed to be pre- for effectuating this subpart as applied GOVERNMENT sented to the National Credit Union Ad- to programs to which this subpart ap- ministration as of the date that the claim plies, and for which it is responsible. Proposed Procedures is received by the National Credit Union (c) Supervision and coordination. The Administratioi . A claim mistakenly ad- Notice is hereby given that the Admin- dressed to or filed with the National Commission may from time to time as- istrator of the National Credit Union Ad- sign to officials of the Commission, or to Credit Union Administration shall forth- ministration, pursuant to the authority with be transferred to the appropriate officials of other departments or agen- in section 120, 73 Stat. 635, cies of the Government with the consent conferred Federal agency, if ascertainable, or re- 12 U.S.C. 1766, proposes a new part (12 turned to the claimant. of the departments or agencies, respon- Part 750) as set forth below. sibilities in connection with the effectu- CFR (b) A claim presented in compliance ation of the purposes of title VI of the Interested persons are invited to sub- with paragraph (a) of this section may Act and this subpart (other than respon- mit written comments, suggestions, or ob- be amended by the claimant at any time sibilities for final decision as provided in jections regarding the proposed new part prior to final action by the Office of Gen- § 900.410), including the achievement of to the Administrator, National Credit eral Counsel, National Credit Union Ad- effective coordination and maximum Union Administration, 1325 K Street ministration or prior to the exercise of uniformity within the Commission and NW., Washington, DC 20456, to be re- the claimant's option to bring suit under within the executive branch in the ap- ceived not later than March 7, 1972. 28 U.S.C. 2675(a). Amendments shall ba plication of title VI and this subpart to HERiuuA NCzKERSON, Jr., submitted in writing and signed by the similar programs and in similar situa- Administrator. claimant or his duly authorized agent tions. An action taken, determination JANUARY 28, 1972. or legal representative. Upon the timely made, or requirement imposed by an offi- filing of an amendment, to a pending cial of another department or agency PART 750-TORT CLAIMS AGAINST claim, the National Credit Union Ad- acting pursuant to an assignment of re- THE GOVERNMENT ministration shall have 6 month in which to make a final disposition of the sponsibility under this paragraph shall Subpart A-General have the same effect as though the ac- Sec. claim as amended and the claimants tion had been taken by the Commission. 750.1 Scope of regulations. option under 28 U.S.C. 2675 (a) shall not accrue until 6 months after the filing of APPENDx A Subpart B-Procedures an amendment. ACTIVITIES TO WHICH THIS SUBPART APPLIES 750.2 Administrative claim; when pre- (c) Forms may be obtained and clain 1. Use of grants made in connection with sented; place of filing. may be filed with the regional office of the Intergovernmental Personnel Act of 1970 750.3 Administrative claim; who may file. the National Credit Union Administra- (Public Law 91-648, 84 Stat. 1909). 750.4 Administrative claim; evidence and tion having jurisdiction over the em- mobility assignments of Com- information to be submitted. 2. Personnel 750.5 Investigation, examination, and de- ployee involved in the accident or mission personnel pursuant to title 5, U..C. claims. incident, or with the Office of General Chaptet 33 and 5 CFR Part 331 (36 F.R. termination of 6488). 750.6 Final denial of claims. Counsel, National Credit Union Admin- APPENDix B 750.7 Payment of approved claims. istration,,fWashington, D.C. 20456. 750.8 Release. ACTIVITIES TO WHICH THIS SUBPART APPLIES 750.9 Penalties. § 750.3 Administrative claim; who nmy WHEN A pRIMARY OBJECTIVE OF THE FEDERAL 750.10 Limitation of Nqational Credit Union file. FINANCIAL ASSISTANCE IS TO PROVIDE EM- Administration's authority. (a) A claim for injury to or loss of PLOYLIENT AuTrOan': The provision of this Part 750 property may be presented by the owner 1. None at this time. pursuant to section 120, 73 Stat. 635, 12 of the property interest which is the APPENDix C U.S.C. 1766. subject matter of the claim, his duly au- thorized agent, or his legal representa- TO PRO- Subpart A-General APPLICATION Or SUBPART D. PART 900, tive. GRALMS RECEIVING FEDERAL FINANCIAL AS- SISTANCE OF THE 'U.S. CIVIL SERVICE COU- § 750.1 Scope of regulations. (b) A claim for personal Injury may MISSION The regulations in this part shall apply be presented by the injured person, his Nondiscrimination in Federally assisted only to claims asserted under the Federal duly authorized agent, or ills legal rep- programs or projects: Examples. The follow- Tort Claims Act, as amended, 28 U.S.C. resentative.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING 2595

(c) A claim based on death may be minished earning capacity. In addition, determination of the validity of the presented by the executor or adminis- the claimant may be required to submit claim and thereafter shall forward the trator of the decedent's estate or by any to a physical and/or mental examination claim, together with all pertinent ma- other person legally entitled to assert by a physician employed or designated terial, and a recommendation based on such a claim under applicable State law. by the National Credit Union Adminis- the merits of the case, with regard to (d) A claim for loss wholly compen- tration. A copy or report of the exa nln- the allowance or disallowance of the sated by an insurer with the rights of a Ing physician shall be made available to claim, to the Office of General Counsel, subrogee may be presented by the in- the claimant upon the claimant's written National Credit Union Administration to surer. A claim for loss partially compen- request provided that claimant has, upon whom authority has been delegated to sated by an insurer with the rights of a request, furnished the report referred to adjust, determine, compromise and set- subrogee may be presented by the insurer in the first sentence of this subparagraph tIe all claims hereunder. or the insured individually, as their re- and has made or agrees to make avail- § 750.6 Fosaldenialofclaim. spective interests appear, or jointly. able to the National Credit Union Ad- 'Whenever an insurer presents a, claim ministration any other physician's re- (a) Final denial of an administrative asserting the rights of a subrogee, he ports previously or thereafter made of claim shall be in vrittng and sent to the shall present with his 6laim appropriate the physical or mental condition which claimant, his attorney, or legal represent- evidence that he has the rights of a is the subject of his claim. ative by certified or registered mal The subrogee. (2) Itemized bills for medical, dental, notification of final denial may include (e) A claim presented by an agent or and hospital expenses incurred, or Item- a statement of the reasons for the denial legal representative shall be presented ized receipts of payment for such and shall include a statement that, if the in the name of the claimant, be signed expenses. claimant Is dissatisfied with the action by the ,agent or legal representative, (3) If the prognosis reveals the neces- of the National Credit Union Adinns- show the title or legal capacity of the sity for future treatment, a statement tration, he may file suit in an appropriate person signing, and be accompanied by of expected duration of and expenses U.S. District Court not later than 6 evidence of his authority to present a for such treatment. months after the date of mailing the claim on behalf of the claimant as agent, (4) If a claim is made forloss f time notification. executor, administrator, parent, guard- from employment, a written statement (b) Prior to the commencement of suit ian, or other representative. from his employer showing actual time and prior to the expiration of the 6- lost from his employment, whether he is month period after the date of mailing, § 750.4 Administrative claims; evidence or registered mail of notice and information to be submitted. a full or part time employee, and wages by certified or salary actually lost. of final denial of the claim as provided (a) Death. In support of a claim based (5) If a claim is made for loss of in- in 28 U.S.C. 2401(b), a claimant, his duly on death, the claimant may be required come and the claimant is self-employed, authorized agent, or legal representative, to submit the following evidence or documentary evidence showing the may file a written request with the Na- information: amount of earnings actually lost. tional Credit Union Administration for (1) An authenticated death certificate (6) Any other evidence or information reconsideration of a final denial of a or other competent evidence showing the which may have a bearing on. the re- claim under paragraph (a) of this sec- cause of death, date of death, and age sponsibility of the United States for the tion. Upon the timely filing of a request of the decedent. personal injury or the damages claimed. for reconsideration the National Credit (2) Decedent's employment or occu- (c) Property damage. In support of Union Administration shall have 6 pation at the time of death, including a claim for damages to or loss of prop- months from the date of filing in which his monthly or yearly salary or earnings erty, real or personal, the claimant may to make a final disposition of the claim (if any), and the duration of his last be required to submit the following in- and the claimant's option under 28 U.S.C. employment or occupation. formation or evidence: 2675(a) to bring suit shall not accrue (3) Full names, addresses, birthdates, (1) Proof of ownership. until 6 months after the filing of a re- kinship, and marital status of the dece- (2) A detailed statement of the amount quest for reconsideration. Final National dent's survivors, including those sur- claimed with respect to each item of Credit Union Administration action an vivors who were dependent for support property. a requezt for reconsideration shall be upon the decedent at the time of his (3) An Itemized receipt of payment for effected in accordance with the provisions death. necessary repairs or itemized written of paragraph (a) of this section. (4) Degree of support afforded by the estimates of the cost of such repairs. § 750.7 Paymcntof approved claims. decedent to each survivor dependent (4) A statement listing date of pur- upon him for support at the time of his chase, purchase price, market value of (a) Upon allowance of his claim, death. the property as of date of damage, and claimant or his duly authorized agent (5) Decedents general physical and salvage value, where repair is not shall sign the voucher for payment, mental condition before death. economical. Standard Form 1145, before payment is (6) Itemized bills for medical and bur- (5) Any other evidence or information made. ial expenses incurred by reason of the which may have a bearing on the res=pon- (b) hen the claimant is represented incident causing death, or itemized re- sibility of the United States for the in- by an attorney, the voucher for payment ceipts or payments for such expenses. jury to or loss of property or the damages (SF. 1145) shall designate both the claimed. claimant and his attorney as "payees!' (7) If damages for pain and suffering The check shall be delivered to the at- before death are claimed, a physician's (d) Time limit. All evidence required detailed statement specifying the in- to be submitted by this section shall be torney whose address shall appear on the juries suffered, duration of pain and suf- furnished by the claimant within a rea- voucher. fering, any drugs administered for pain sonable time. Failure of a claimant to § 750.8 Release. and the decedents physical condition in furnish evidence necessary for a deter- Acceptance by the claimant, his agent the interval between injury and death. mination of his claim within 3 months or legal representative, of any award, (8) Any other evidence or information after a request therefor has been mailed compromise or settlement made hereun- which may have a bearing on the respon- to his last known address may be deemed der, shall be final and conclusive on the sibility of the United States for the death an abandonment of the claim. The claim claimant, his agent or legal representa- or the damages claimed. may be thereupon disallowed. tive and any other person on whose be-. (b) Personal injury. (I) A written § 750.5 Investigation, examination, and half or for whose benefit the claim has report by his attending physician or determination of claims. been presented, and shall constitute a dentist setting forth the nature and ex- When a claim is received, the constit- complete release of any claim against tent of the injury, nature and extent of the United States and any employee of the treatment, any degree of temporary uent agency out of whose activities the the Government whose act or omission or permanent disability, the prognosis, claim arose shall make such investigation gave rise to the claim, by reason of the period of hospitalization, and any di- as may be necessary or appropriate for a same subJect matter.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2596 PROPOSED RULE MAKING

§ 750.9 Penalties. Securities Act of 1933 (the Act) (17 The first proviso is designed to pre- A person who files a false claim or CFR 230.134), a new Rule 135A under vent an advertiser from touting its e%- makes a false or fraudulent statement in the Act (17 CFR 230.135A) dealing with pertise as an Investment adviser. The a claim against the United States may generic advertising of investment com- second proviso Is designed to separato panies, an amendment to Rule 434 (17 and disassociate, for example, the be liable to a fine of not more than "security" and "freedom $10,000 or to imprisonment of not more CPR 230.434a) under the Act to permit from worry" than 5 years, or both (18 U.S.C. 287- the use of a Summary Prospectus by in- themes which appear In certain adver- 1001), and, in addition, to a forefeiture vestment companies and an addition to tisements from advertisement of the of $2,000 and a penalty of double the Form S-5 (17 CFR 239.15), the form used equity product. Other themes which loss or damage sustained by the United for registration under the Securities Act could be expected to dwell upon and States (31 U.S.C. 231). of 1933 for securities of all open-end extol the success of the company In Its management investment companies reg- other endeavors should likewise not be § 750.10 Limitation on National Credit istered under the Investment Company closely identified with the equity product Union Administration's authority. Act of 1940 on Form N-B-1, 17 CFR and the proposed separation will tend to (a) An award, compromise or settle- 274.11 to provide for a Summary Pro- serve this purpose. ment of a claim hereunder in excess of spectus. The text of the entire advertisement $25,000 shall be effected only with the Authority to amend Rule 134 is based would be subject to review to determine prior written approval of the Attorney upon section 2(10) (b) and section 19(a) whether that portion of the text which General or his designee. For purposes of of the Securities Act of 1933 (15 U.S.C. refers to other products and services doce this paragraph, a principal claim and 77b, 77s). Authority to adopt Rule 135A relate directly to the desirability of own- any derivative or subrogated claim shall stems from section 19(a). Authority to Ing or purchasing a security. be treated as a single claim. amend Rule 434A by permitting the use The text of the new proposed para- (b) An administrative claim may be of a Summary Prospectus is based upon graph (13) of Rule 134(a) is as set forth adjusted, determined, compromised or sections 10(b) and 19(a) of the Act (15 below. settled hereunder only after consultation U.S.C. 77j, 77s) and authority to pre- Proposed new Rule 135A-gjecria ad- with the Department of Justice when, in scribe the form for the Summary Pro- vertising. Generic or "Institutional" ad- the opinion of the National Credit Union spectus is based upon the Securities Act vertising typically refers in general terms Administration: of 1933, particularly sections 6, 7, 10, and to securities as a medium of investment (1). A new precedent or a new point of 19(a) thereof (15 U.S.C. 77f, 77g, 77J, but does not refer to any specific seott- law is involved; or 77s). rity. Under present Staff interpretations (2) A question of policy is or may be Rule 134. Amendment to subparagraph a presumption is indulged in that a involved; or (C) of Rule 134(a) (3). Rule 134 under dealer who underwrites a particular (3) The United States is or may be the Act narrowly prescribes the informa- fund desires to sell the specific fund it entitled to indemnity or contribution tion which is permissible in a tombstone underwrites, even though It may have from a third party and the National advertisement. As presently constituted, many other funds available for sale, and Credit Union Administration is unable to this rule does not permit the inclusion therefore cannot use generic advertis- adjust the third party'claim; or by investment companies of descriptive ing. The investment company industry (4) The compromise of a particular information relating to mutual funds has long urged that the restrictions on claim, as a practical matter, will or may generally. The Complaint has frequently generic advertising have precluded in- control the disposition of a related claim been made that a tombstone advertise- ,vestment companies from effective com- in which the amount to be paid may ex- ment accomplishes nothing because petition with other investment media ceed $25,000. many persons do not even know what whose advertising is not similarly (c) An administrative claim may be a mutual fund is. restricted. adjusted, determined, compromised or The first revision of Rule 134 is in Proposed Rule 135A would permit settled only after consultation with the response to this complaint and would generic advertising of Investment com- Department of Justice when it is learned add a clause to subparagraph (C), deal- pany securities, even by dealers who that the United States or any employee, ing specifically with permissible disclo- underwrite particular funds or sponsora agent or cost-plus contractor of the sures for investment companies, which of no-load funds, provided the advertise- United States is involved in litigation would permit a general description of ment does not refer, except as required based on a claim arising out of the same an investment company, its general at- by the rule in specified circumstances, to incident or transaction. tributes, method of operation and serv- the securities of a particular investment [F'R Doc.72-1594 Filed 2-2-72;8:48 "am] ices offered, provided the description is company. not inconsistent with the operation of An advertisement pursuant to this pro- the particular fund mentioned in the posed rule would be limited to explana- tombstone advertisement. tory information relating to the nature The text of proposed subparagraph of, and services offered by investment SECURITIES AND EXCHANGE (C) of Rule 134(a) (3) with the added companies generally, the mention or ex- clause is as set forth below. planation of Investment companies of COMMISSION Proposed new paragraph (13) of Rule different generic types, and offers, de- [ 17 CFR Parts 230, 239 ] 134(a). The narrow prescription of what scriptions and explanations of products is permissible in tombstone advertising and services not constituting securities [Pelease No. 33-5213] has made it impossible to combine an ad- which do not relate directly to the desir- INVESTMENT COMPANY ADVERTIS- vertisement of other unrelated products ability of owning or purchasing a secu- ING AND SUMMARY PROSPECTUS with a tombstone advertisement. Pro- rity ("combined" advertising). The ad- posed new paragraph (13) of Rule 134(a) vertisement or other communication FOR INVESTMENT COMPANIES would permit such combined advertising. could contain an invitation to Inquire Notkie of Proposed Rule Making The proposed rule would permit adver- for further information and would be tisements which contain offers, descrip- required to state the name and address Notice is hereby given that the Securi- tions and explanations of products and of the broker, dealer or other person ties and Exchange Commission has un- services not constituting securities to be sponsoring the communication. der consideration the promulgation of combined with a tombstone advertise- The proposed rule would require tho amendments to the current rule and a ment for a registered investment com- disclosure under specified circumstances new rule relating to generic advertising pany provided such materials "do not of-the special interest of the sponsor of of investment companies and provision relate directly to the desirability of own- the communication in a particular fund for a summary prospectus for investment ing or purchasing a security" and pro- or complex of funds. If, during the last companies. vided all direct references to the security calendar year, more than 30 percent of These proposed changes would take otherwise comply with the rule and are the sponsor's sales of mutual fund securi- the form of amendments to the so-called placed in a separate and enclosed area ties were in one mutual fund or fund "Tombstone Rule," Rule 134 under the in the advertisement. complex, the sponsor must disclose the

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 PROPOSED RULE MAKING 2597 approximate percent of its sales of that past 3 years, or if at that time the regis- and a general description of an invest- fund or fund complex during that year trant does not Intend to meet the re- ment company including its general and must also describe its relationship to quirements of Subchapter M of the attributes, method of operation and serv- that fund or complex of funds. The pur- Internal Revenue Code. The instructions ices offered provided that such descrip- pose of this requirement is to put the further provide that no sales literature tion is not inconsistent with the opera- reader on notice that the sponsor of the may be used with the Summary Prospec- tion of the particular fund for which advertisement may have an incentive or tus unless preceded or accompanied by more specflc information Is being given. predeliction to sell a particular security the full statutory prospectus. or group of securities even though such The Summary Prospectus would In- (13) A communication concerning the sponsor may have many other securities clude information concerning the Invest- securities of a registered investment com- available for sale. An alternative to this ment objectives of the fund, most of pany may also include any one or more of disclosure requirement is provided for items 4 (if there are affirmative policies) the following items of information: those advertisers who may wish to and 5 of Form N-8B-1, Information as to Offers, descriptions and explanations of indicate indirectly-by stating the per- sales and redemption charges and ad- anyproducts and services not constituting centage of sales of the fund in which visory fees and a Per Share Income and securities subject to registration under they specialize-the extent to which they Capital Changes Table. No linnnelal the Securities Act of 1933, and descrip- sell other funds. Under this alternative, statements or lists of investments would tions of corporations provided that such the advertiser would not state any per- be included. The instructions would pro- offers, descriptions and explanations do centage information but would merely vide that the Commission could also re- not relate directly to the desirability of identify the security or securities in quire the inclusion of other information owning or purchasing a security, and which he specializes, state his relation- in addition to or in substitution for in- that all direct references intsuch com- ship to the issuer thereof and state that formation specifically required in any munications to a security contain only he sells or sponsors such securities. case "where such information is neces- the statements required or permitted to The proposed rule finally requires that sary or appropriate for the protectiob be Included therein by the other provi- the broker, dealer or other person spon- of investors." It is contemplated that sions of this rule, and that all such direct soring the communication must have under this provision any material ad- references be placed in a separate and available for sale the type of security, verse facts and anything differentiating enclosed area in the communication. service or product therein described. This the fund from the "garden variety" requirement would prohibit the use of a mutual fund would have to be disclozed. generic advertisement to arouse investor In view of the possibility that a pro- IL Part 230 of Chapter 11 of Title 17 interest in a type of security which is not spective investor, after seeing the sum- of the Code of Federal Regulations is available. mary prospectus, might send in an order proposed to be amended by adding a new The text of proposed Rule 135A is as for mutual fund Shares without first re- § 230.135a which would read as follows. set forth below. ceiving the full statutory prospectus, the §230.135a Generic advertising. summary prospectus would contain, a RULE 434a, SuKMARY PROSPECTUSES bold-face legend urging all interested For the purposes only of section 5 of Present Rule 434a permits the use of persons to send for and examine the full the Act, a notice, circular, advertisement, summary prospectuses by industrial statutory prospectus before purchasing letter, sign or other communication, pub- companies, but does not provide for such shares of the fund. lished or transmitted to any person use by investment companies.The use of The text of the proposed addition to which, except as otherwise specifically Summary Prospectuses by industrial Form S-5 which would immediately fol- provided herein, do s not specifically companies is conditioned by subsections low the text of the 'Instructions as to refer by name to the securities of a par- (1) and (2) of Rule 434a upon the satis- Exhibits" section in the present form is ticular investment company, to the in- faction of certain requirements relating as set forth below. vestment company itself, or to any other to net asset size, profit and loss history securities not exempt under section 3(a) and the filing of reports and statements. PART 230-GENERAL RULES AND of the Act, will not be deemed to offer The proposed amendment to para- REGULATIONS, SECURITIES ACT OF any security for sale, provided: graph (a) of Rule 434a would expressly 1933 (a) Such communication is limited to permit registered open-end investment any one or more of the following: Proposed Commission action: (1) Explanatory information relating companies to use Summary Prospecuses Part 230 of Chapter with certain limitations which are set II of Title 17 of to securities of investment companies forth in the proposed new instructions the Code of Federal Regulations is pro- generally or to the nature of investment posed to be amended as indicated below: to Form S-5. L companies, or to services offered in con- The text of proposed amended para- Section 230.134 would be amended nection with the ownership of such graph (a) of Rule 434a is as set forth as follows: securities, below. A. Subdivision (liI) of subparagraph (2) The mention or explanation of in- Addition to Form S-5 to p0rovide for (3) of § 230.134(a) would be amended by changing the semicolon to a comma vestment companies of different generic summary prospectus. Rule 434a, as pro- types or having various investment ob- posed to be amended, permits the use after the word "characteristics" and by adding a new clause after the word "and" Jectives, such as "balanced funds", of a summary prospectus if the registra- reading as set forth below. "growth funds", "income funds", "lever- tion form provides for its use. It is pro- aged funds", "specialty funds", "variable posed to amend Form S-5, the registra- B. A new subparagraph (13) would be added to paragraph (a) of this section to annuities", "bond funds", and "no-load tion form under the Securities Act of read as set forth below: funds", 1933 for becurities of all open-end invest- (3) Offers, descriptions and explana- ment companies registered under the § 230.134 Communicatilons not deemed tions of various products and services not "Investment Company Act of 1940 on a prospectus. constituting a security subject to regis- FormrN-8B--1, to provide for a Summary tration under the Act, provided that such Prospectus. (a) ** * offers, descriptions and explanations do The proposed addition to Form S-5 (3) * * " not relate directly to the desirability of would provide in the "Instructions" par- (riI) In the case of an nvestment com- owning or purchasing a security, agraph that the. Summary Prospectus pany registered under the Investment (4) Invitation to inquire for further may not be used unless a registration Company Act of 1940, tho company's Information, and statement under the.Securities Act of classification and subclassiflcation under (b) Such communication contains the 1933 is in effect, or if at the time of its that Act, whether It is a balanced, spe- use the registrant has had a prior history name and address of a registered broker of operations other than that of an in- cialized, bond, preferred stock or com- or dealer or other person sponsoring the vestment company during the past 5 mon stock fund and whether In the selec- communication. years or if certain specified transactions tion of investments emphasis is placed If a registered broker or dealer named with affiliates have occurred during the upon income or growth characteristics, as the sponsor of the communication has

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2598 PROPOSED RULE MAKING sold, during the last calendar year, se- As amended, § 230.434a(a) would kept confidential, they will be considered curities of registered open-end invest- read as follows: available for public inspection. (See Re- lease No. 5230 extending time for com- ment companies with the same or § 230.434a Summary prospectuses. affiliated investment advisers which ments until February 29, 1972.) have an aggregate offering price in ex- (a) A summary prospectus prepared (Sees. 2, 6, 7, 10, 19, 48 Stat. 74, 70, 81, 850; cess of 30 percent of the aggregate offer- and filed as part of a registration state- 15 U.S.C. 77b, 77f, /g. Tj, 77Ts) ing price of the securities of all open-end ment in accordance with this rule shall investment companies sold by such be deemed to be a prospectus permitted By the Commission. broker or dealer during such period, or under section 5(b) (1) of the Act, if the [SEAL] ROUALD F. HUNT, if the communication is sponsored by an form used for registration of the secu- Secretary. to be offered provides for the use adviser to a registered investment com- rities [FRfoc.72-1565 Flied 0-2-72;8:45 am] pany, any communication described of a summary prospectus and, if the is- above shall identify such securities by suer is not a registered open-end invest- 1 17 CFR Parts 230, 239 I name. Such identification shall describe ment company, either of the following the relationship of such broker, dealer conditions is met. [Releaso No. 33-5230] or other person to the issuer of .such INVESTMENT COMPANY ADVERTIS- securities and state the approximate ING AND SUMMARY PROSPECTUS percent represented by sales of such se- COMPANIES curities of the aggregate offering price PART 239-FORMS PRESCRIBED FOR INVESTMENT of all open-end investment company se- UNDER THE SECURITIES ACT OF Extension of Time for Submission of curities sold by such broker or dealer 1933 Comments or sponsored by such other person dur- 31 of Title 17 The Securities and Exchange Commls- ing such period or such identification IV. Part 239 of Chapter sion has extended from January 30, 1972 may state that such broker, dealer or of the Code of Federal Regulations is until February 29, 1972, the period of other person sells or sponsors such speci- proposed to be amended by adding new time within which written comment3 and fied securities. Securities of open-end in- instructions as to Summary Prospectuses views may be submitted on Its propoals in connection vestment companies sold to § 239.15. to adopt a new Rule 135a and to adopt with an initial public offering or the re- amendments to Rule 134 relating to In- investment of dividends or capital gains § 239.15 [Amended] vestment company advertising, and Rule distributions shall not be included in the NoTE: Copies of the text of the proposed 434A relating to summary pro.pectuiue, above computation. With respect to any amendments to the rules and form and the and proposals to revise Form S-5 to pro- communication describing any type of proposed new rule is contained In Release been filed vide for Summary Prospectus for open- security, service or product, the broker, No. 33-5213, copies of which have companies registered im- dealer or other person sponsoring such with the Office of the Federal Register, and end investment copies of the release may be obtained from der the Investment Company Act of 1940 communication must offer for sale a se- The proposed amend- of the type the Securities and Exchange Commission, on Form N-83-1. curity, service or product Washington, D.C. 20549. ments to the rules and form was an- described in such communication. 1, 1971 in Scouri. invited to nounced on December III. Section 230.434a would be amended All interested persons are ties Act Release No. 5213. submit data, views, and comments on as follows: By the Commission, Paragraph (a) of § 230.434a would be the proposed amendments in writing to amended by (I) inserting a comma after the Securities and Exchange Commis- [SEALI RONALD F. HTVUaT, Scoretary. the word "and" and by (ii) adding, after sion, Washington 25 D.C., on or before JAN ARY 24, 1972. the word "if" a new clause reading as January 30, 1972..Except where it is re- set forth'below. quested that such communications be [FR Doc.72-1506 Filed 2-2-72;8:40 am]

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2599 Notices

If circumstances warrant, a public M~OW= DLAZZ.o 1SrsID1 OF THE INTERIOR hearing will be held at a convenient time T. 10 s., R. ss r., DEPARTMENT and place, which will be announced. Tract 420. Bureau of Land Management DoRus A. Xormw, Containing 40 acres. [ES 75761 Manager. RoLLA E. CHANDLER, MISSOURI JAIuARY 27,1972. Chief, [FR Doc.72-1015 Filed 2-2-72:8:50 aml Division of Technical Services. Notice of Proposed Withdrawal and 1FR Dcc.72-159G Filed 2-2-72;8:48 am Reservation of Land IN-60431 The U.S. Forest Service Department of Agriculture, has filed application ES 7576 NEVADA for the withdrawal of the land described of Proposed Withdrawal and DEPARTMENT OF AGRICULTURE valid existing rights, Notice below, subject to of Lands for addition to the Clark National Forest, Reservation Consumer and Marketing Service JAluARY 27,1972. Mo.: GRAIN STANDARDS FIFTH F CIUc MERI I The Corps of Engineers on behalf of Force has fled the above Cairo, Ill., Grain Inspection Point T. 31 N., R. 4E., the U.S. Air Sec. 6, N/ lot 1 of SW%. application for the withdrawal of the Statement of considerations. The lands described below, from all forms of 40 acres in Woodson-Tenent Laboratories, Inc., The area described contains appropriation including the mining laws Memphis, Tenn., has proposed that its Iron County. (30 U.S.C., Ch. 2), and the mineral leas- designation under section 3(m) of the The land is situated in a rough moun- ing laws. the U.S. Grain Standards Act (7 U.S.C. 75 tainous area, one-half mile south of The applicant desires the land for use (in)) to operate the official grain in- southern boundary of the Clark-National as a housing area. that the spection agency at Cairo, l., be trans- Forest. The applicant desires For a period of 30 days from the date ferred. land be added to the national forest to of publication of this notice, all persons .management of J. R. Simpson, Cairo, Ill., has applied promote the efficient who wish to submit comments, sugges- for dea-ignation (in accordance with lands and national resource conservation. tions, or objections in connection with § 26.97 of the re-ulations (7 CFR. 26497) For a period of 30 days from the date the proposed withdrawal may premsent under the U.S. Grain Standards Act) to of publication of this notice, all persons their views in writing to the undersigned operate the official grain inspection who wish to submit comments, sugges- officer of the Bureau of Land Manage- agency at Cairo, Ill. This application tions, or objections in connection with ment, Department of the Interior, Room does not preclude other interestef1 agen- the proposed withdrawal may present 3008, Federal Building, 300 Booth Street, cies and persons from making similar their views in writing to the undersigned Reno, NV 89502. applications. officer of the Eastern States Land Office, The Department's regulations (43 Other interested persons are hereby Depart- Bureau of Land Management, CFR 2311.1-3(c) ), provided that the au- given opportunity to make application ment of the Interior, 7981 Eastern thorized officer of the Bureau of Land for designation to operate an official in- Avenue, Silver Spring, MD 20910. Management will undertake such inves- spection agency at Cairo, 3l., according The authorized officer of the Bureau tigations as are necessary to determine to the requirements in § 26.97 of the reg- of Land Management will undertake the existing and potential demand for the ulations (7 CFR 26.97) under the U.S. such investigations as are necessary to lands and their resources. He will also Grain Standards Act. NoTz: Section 7(f) determine the existing and potential de- undertake negotiations with the appli- of the Act (7 U.S.C. 79 (f)) generally pro- mand for the lands and their resources. cant agency with the view of adjusting vides that not more than one inspection He will also undertake negotiations with the application to reduce the area to the agency shall be operative at-any one time the applicant agency with the view of minimum essential to meet the appli- for any one city, town, or other area. adjusting the application to reduce the cant's needs, to provide for the maximum Members of the grain industry ,ho area to the minimum essential to meet concurrent utilization of the lands for wish to submit views and comment are the applicant's needs, to provide for the purposes other than the applicant's, to requested to include the name of the maximum concurrent utilization of the eliminate lands needed for purposes more person or agency which they recommend lands for purposes other than the ap- essential than the applicant's, and to to be designated to operate an official plicant's, to eliminate lands needed for reach agreement on the concurrent man- Inspection agency at Cairo, Il. purposes more essential than the appli- agement of the lands and their resources. Opportunity Is hereby afforded all in- cant's, and to reach agreement on the The authorized officer will also prepare tereGted persons to submit written data, concurrent management of the lands and a report for consideration by the Secre- views, or arguments with respect to this their resources. tary of the Interior who will determine matter to the Hearing Clerk, U.S. Depart- The authorized officer will also pre- whether or not thd lands will be with- ment of Agriculture, Washington, D.C. drawn as requested by the applicant 20250. All written submissions shall be pare a report for consideration by the agency. of the Interior who will de- in duplicate and shall be mailed to the Secretary The determination of the Secretary Hearing Clerk not later than 30 days termine whether or not the lands will be on the application will be published in after this notice is published in the Fzu- withdrawn as requested by the applicant the FEDERAL REMTSsER. A separate notice EUAL RsoxTsr,. All submissions made pur- agency. will be sent to each interested party of suant to this notice will be made avail- The determination of the Secretary on record. able for public inspection at the Office If circumstances warrant, a public of the Hearing Clerk during regular the application will be published in the hearing will be held at a convenlent time FEDERAL REGISTER. A separate notice will and place, which will be announced. busIness hours (7 CFR 1.27(b)). Con- be sent to each interested party of The lands involved in the cpplication sIderation will be given to the written record. are: data, views, or arguments so filed with

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 No. 23---6 2600 NOTICES Plutonium nccovery Facility, Pociky l.1-dt the Hearing Clerk and to other informa- Plant, Colo., and tion available to the U.S. Department of DEPARTMENT OF THE TREASURY Plutonium Facility, Lo5 Alanoi Bolontiflo is Agriculture before final determination Secretary Laboratory, N. Mox. made with respect to this matter. Office of the The statements will also be In the Done in Washington, D.C., this 28th ASBESTOS-CEMENT PIPE FROM Commission's Idaho Operations Office, day of January 1972. JAPAN Post Office Box 2108, Idaho Fal1s, ID 0. R. GRANGE, Dejermination of Sales at Less than 83401; Oak Ridge Operations Office, Fo:.t Acting Administrator. Office Box E, Oak Ridge, TN 37830; San Fair Value Francisco Operations Office, 2111 Ban- [FRIDoC.72-1618 Filed 2-2-'12;8:50 aml Information was received on Novem- croft Way, Berkeley, CA 94704; Chicago ber 13, 1970, that asbestos-cement pipe Operations Office, 9800 South Cass Ave- sold at less than nue, Argonne, M1 60439, and the New STANDARDS - from Japan was being GRAIN fair value within the meaning of the York Public Document Room, 370 htid- Port Arthur, Tex., Grain Inspection Antidumping Act, 1921, as amended (19 son Street, New York, NY 10014. Point U.S.C. 160 et seq.) (referred to in this The draft environmental statementi notice as "the Act"). will be furnished upon request addrrc- cd Statement of considerations. The A "Withholding of Appraisement No- to the Assistant General Manager for Houston Merchants Exchange, Houston, tice" issued by the Commissioner of Cus- Environment and Safety, U.S. Atomic Tex., has proposed that its designation toms was published in the FEDERAL REG- Energy Commission, Washington, D.C. under section 3(m) of the U.S. Grain ISTER of November 3, 1971. 20545. Standards Act (7 U.S.C. 75(m)) to oper- I hereby determine that for the rea- ate the official grain inspection agency Dated at Germantown, Md., tlois 28th sons stated below, asbestos-cement pipe day of January 1972. at Port Arthur, Tex., be transferred. from Japan is being, or is likely to be, The Beaumont Board of Trade, Beau- sold at less than fair value within the For the Atomic Energy Commission. mont, Tex., has applied for designation meaning of section 201(a) of the Act. W. B. MCCoOL, (in accordance with § 26.97 of the regu- Statement of reasons on whic this Secretary of the Commission. lations (7 CFR 26.97) under the U.S. determination is based. The informa- Grain Standards Act) to operate the tion currently before the Bureau reveals [FR Doc.72-1579 Filed 2-2-72;8:47 atm] official grain inspection agency at Port that the proper basis of comparison is Arthur, Tex. This application does not between purchase price and the adjusted [Dcket No. G0-89] preclude other interested agencies and home market price of such or similar persons from making similar applica- merchandise. GULF GENERAL ATOMIC INC. tions. by de- Purchase price was calculated Notice of Issuance of Amended Other interested persons are hereby ducting from the f.a.s. port price for given opportunity to make application exportation to the United States the in- Facility License for designation to operate an official in- cluded inland freight charges and in- The Atomic Energy Commission dho spection agency at Port Arthur, Tex., spection fees. Commission) has issued, effective at of according to the requirements in § 26.97 Home market price was based on the the date of issuance, Amendment No. 18 of the regulations (7 CFR 26.97) under weighted-average delivered prices. De- to Facility License No. R-38 dated May 3, the U.S. Grain Standards Act. NoTE: ductions were made for inland freight 1958. The license presently authorlcz Section 7(f) of the Act (7 U.S.C. 79(f)) charges and inspection fees. Adjustments Gulf General Atomic Inc. to po,zes,, generally provides that not more than were made for differences in credit terms, use, and operate the TRIGA Mark I one inspection agency shall be operative advertising, commissions, technical serv- nuclear reactor located at Its Torrey at any one time for any one city, town, ices, breakage, and packing costs, as Pines Mesa site In San Diego, Calif., or other area. appropriate. at power levels up to 250 kilowatts (ther- Members of the grain industry who Comparison between purchase price mal). The amendment incorporate,. wish to submit views and comments are and the adjusted home market price re- technical specifications in the license and requested to include the name of the per- vealed the adjusted home market price restates the license in Its entirety to in- son or agency which they recommend to to be higher than purchase price. clude all of the amendments currently be designated to operate an official in- The U.S. Tariff Commission is being pertinent to the operation of the facility. spection agency at Port Arthur, Tex. advised of this determination. The Commission has found that the Opportunity is hereby afforded all in- This determination is being published application for the amendment complie terested persons to submit written data, pursuant to section 201(c) of the Act with the requirements of the Atomic rli- views, or arguments with respect to this (19 U.S.C. 160(c)). orgy Acf of 1954, as amended (the Act), matter to the Hearing Clerk, U.S. De- [SEALI EUGENE T. Rossmirs, and the Commission's regulations pub- partment of Agriculture, Washington, Assistant Secretary of the Treasury. lished in 10 CFR, Chapter I. The Com- D.C. 20250. All written submissions shall mission has made the findings required by be in duplicate and shall be mailed to the FEBRUARY 1, 1972. the Act and the Commission's regulations Hearing Clerk not later than 30 days JFR Doc.72-1699 Filed 2-2-72;9:33 am] which are set forth in the amendment, after this notice is published in the FED- and has concluded that the Itsuanco ERAL REGISTER. All submissions made pur- of the amendment will not be In- suant to this notice will be made avail- imical to the common defense and secu- able* for public inspection at the Office rity or to the health and safety of the of the Hearing Clerk during regular busi- ATOMIC ENERGY COMISSION public. The Commission has also found ness hours (7 CFR 1.27(b)). Considera- GENERAL MANAGER'S FINAL that prior public notice of proposed khti- tion will be given to the written data, ENVIRONMENTAL STATEMENTS ance of this amended license Is not re- views, or arguments so filed with the quired since the operation of the facility Hearing Clerk and to other information Notice of Availability in accordance with the terms of the available to the U.S. Department of Ag- Notice is hereby given that two final amended license does not involve signifl- riculture before final determination is environmental statements issued pursu- cant hazards considerations different made with respect to this matter. ant to the Atomic Energy Commission's from those previously evaluated. implementation of section 102(2) (C) of Within flfteen (15) days from the date Done in Washington, D.C., this 28th in the FID- day of January 1972. the National Environmental Policy Act of of publication of the notice 1969 are being placed in the Commis- ERAL RisTvn, the applicant may Ile a G. R. GRANGE, sion's Public Document Room, 1717 H request for a hearing and any person Acting Administrator. Street NW., Washington, DC 20545. The whose interest may be affected by thls [FRI Doc.72-1619 Flied 2-2-72;8:50 am] statements are: proceeding may file a petition for leave

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2601

to intervene. Requests for a hearing and comments of Federal agencies and State and Order, FCC 71R-141, 21 RIR 2d 953, petitiofis to intervene shall' be filed in and local officials thereon will be avail- released May 4, 1971, the Review Board accordance with the Commission's "Rules able when received. denied a motion filed by Penobscot on of Practice" in 10 CFR Part 2. If a re- April 1, 1971, requesting the addition Dated at Bethesda, Md., this 27th day of a comparative programing issue. quest for a hearing or a petition for leave of January 1972. to intervene is filed within the time pre- Presently before the Review Board is a scribed in this notice, the Commission For the Atomic Energy Commission. further motion to enlarge issues, filed will issue a notice of hearing or an appro- ROGER S. BOYD, August 13, 1971, by Penobscot, which priate order. Assistant Director for Boiling seeks the addition of undue concentra- For further details with respect to tis Water Reactors, Divsion of tion qf control, anticompetitive conduct, and nondisclosure issues against Bangor, amendment, see (1) the licensee's ap- Reactor Licensing. amendment dated and comparative efforts and programing -plication for license [FR Doc.72-1582 Filed 2-2-72;8:47 =m1 November 29, 1971; and (2) the amend- ssues' ment to facility license which are avail- Anticompetitive conduct and undue able for public inspection at the Commis- concentration of control issues. 2. Pe- sion's Public Document Room at 1717 H nobzcot requests the addition of anti- Street NW., Washington, DC. Copies of CIVIL AERONAUTICS BOARD competitive conduct and undue concen-. item (2) above may be obtained at the [Docket No. 235421 tration of control issues against Bangor Commission's Public Document Room, or ATC BYLAWS INVESTIGATION premised on the media ownership inter- upon request addressed to the Atomic ests of its principal stockholder in the Energy Commission, Washington, D.C. Notice of Postponement of State of Malne1 In particular, Penobscot 20545, Attention: Director, Division of Prehearing Conference submits that Melvin L. Stone, Bangor's Reactor Licensing. principal owner and president, owns in- Notice is hereby given, pursuant to the terests in two Maine AM stations and Dated at Bethesda, Md., this 21st day provisions of the Federal Aviation Act of one Maine FLT station; is the creditor of of January 1972. 1958, as amended, that prehearIng con- a Maine radio station and of a Maine For the Atomic Energy Commission. ference in the above-entitled proceeding televislon station; and owns the Lobster has been postponed from March 1, 1972, Network (Network), a sales representa- DONTALD J. SKOVEOLT, to April 10, 1972, at 10 am. Cocal time) Assistant Director for Reactor tive firm which sells time on seven Maine in Room 503, Universal Building, 1825 radio stations, including stations owned Operations,Division of Reac- Connecticut Avenue NW., Washington, tor Licensing. by Stone. Movant explains that the Net- DC, before the undersigned. work," of which Stone is also president [FR Doc.72-1581 Filed 2-2-72;8:47 am] For information concerning the iLsue3 and general manager, sells time to local, involved and other details In this pro- regional, and national advertisers and [Docket No. 50-2711 ceeding, interested persons are referred agencies on behalf of a group of seven to the docket of this proceeding on file radio stations ' in Maine. Reciting facts VERMONT YANKEE NUCLEAR POWER in the Docket Section of the Civil Aero- taken from Stone's testimony at the CORP. nautics Board. July 20, 1971, hearing in this proceeding Dated at Washington, D.C., January (see note 3, supra), movant alleges that Notice of Availability of Applicant's 28. 1972. the Network has Its own rate card which Supplemental Environmental Report includes the rates of both member sta- [sruAL] HEzNY WnrrMzousE, tions and the Network; and handles bill- Pursuant to the National Environ- Hearing Examiner. mental Policy Act of 1969 and the Atomic ing, distributes proceeds, and prepares Energy Commission's regulations in Ap- [FR Doc.72-1621 Filed 2-2-72:8:50 am] affldavits of performance for member pendix D to 10 CFR Part 50, notice is stations. Penobscot argues that the Net- hereby given that a report entitled "Sup- work practice of offering to prospective plement to the Environmental Report" FEDERAL COMMUNICATIONS advertisers group discounts ranging from by the Vermont Yankee Nuclear Power Corp. is being placed in the Commission's iLhlo denying PenobzcoVs request for the Public Document Room at 1717 H Street COMMISSION addition of a comparative programing issue, NW., Washington, DC, and in the Brooks [Dockets Nos. 19165, 19160; FCC 172 R-201 the Board directed that evidence as to pro- Memorial Library, 224 Main Street, gram duplication by Bangor will be admis- Brattleboro, VT 05301. The report is also BANGOR BROADCASTING CORP. niblo at the hearing under the standard com- AND PENOBSCOT BROADCASTING partivo Isue. 21 R 2d at 954. being made available to the public at the 'AIo before the Review Board are: (a) Planning and Community Services CORP. Opposition, filed Sept. 22, 1971, by Bangor; Agency, State Office Building, Montpe- (b) comments, filed Sept. 22, 1971, by the lier, Vt. 05602 and the Windham Regional Memorandum Opinion and Order Broadcast Bureau; and (c) reply, led Oct. 6, Planning Commission, 6'T Main Street, Enlarging Issues 1971, by Penobscot. Brattleboro, -VT 05301. This report dis- 3Penobcot ubmits that the testimony at In regard applications of Bangor the July 20 and 21, 1971. hearing sessions cusses environmental considerations re- Broadcasting Corp., Bangor, Malne, lated to the proposed operation of the provide the b=es for all the issuez requested Docket No. 19165, File No. BPH-6863; in the Instant motion, and therefore that Vermont Yankee Nuclear Power Station Penobscot Broadcasting Corp., Bangor, there 13 good cause for the late flMing. (The located in Vernon, Vt. Maine, Docket No. 19166, Pile No. BPH- deAnntlon order was published in the FPr- After the Supplemental report has 6916, for construction permits. nAL ,Urossr on Mar. 17, 1971; enlargement been analyzed by the Commisson's Di- 1. This proceeding involves the mutu- reque3t were due to be fIlled by Apr. 1, 1971; on Aug. 13, rector of Regulation or Ws designee, a ally exclusive applications of Bangor and the Instant motion wa fled draft detailed statement- of environ- 1971.) Broadcasting Corp. (Bangor) andPenob- ' The Lobster Network 13 not a network az mental considerations will be prepared. Broadcasting Corp. (Penobscot) 'Upon preparation of the draft detailed scot used In the clasical ceane (eg, NBC, ABC.' for a permit to construct and operate a or CBS), in that It does not distribute pro- statement, the Commission will, among new Ff broadcast station on Channel grams to aIilated statlons. other things, cause to be published in the 225 at Bangor, Maine. By Order, FCC 71- sGoIng from couth to north in m a e,. REGISTER FEDERAL a summary notice of 220, 36 PR. 5154, published March 11, Stono Identified these stations at the hear- availability of the draft detailed state- ing as: W.=, Sanford; WLOB, Portland; ment. The summary notice will request 1971, the Commission designated the two WLU, Lowloton; WRUM, Rumford; WGmL. comments from interested persons on the applications for hearing on various Skowhegan: WGOY, Bangor; and WEGP, proposed action and on the draft state- Issues including Suburban issues against Presquo Izle. Penobscot notes that the 1971 edition of Broadcasting Yearbook lists AM ment. The summary notice Will also con- both applicants and the standard comn- Station WAB= Gardner, as a member of the tain a statement to the effect that the parative issue. By Memorandum Opinion Lobster Network.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2602 NOTICES

2 to 15 percent, depending on the rate and concentration of media control in Maine, on the rea oning in Golden West Broad- the number -of Network stations pur- including FM broadcasting, inconsistent casters, 16 FCC 2d 918, 15 R 2d 9308 chased on one order, is, in itself, price with the public interest. In support of its (1969); and Eastern Broadcasting Corp., fixing which is proscribed by the Com- request. Penobscot recites facts taken 30 FCC 2d 745, 22 RR 2d 475, review mission's 1963 Public Notice on Combina- from Stone's testimony at the hearing dismissed 32 FCC 2d 187 (1971) ." tion Advertising Rates, 28 F.R. 1161, 24 which indicate that: He and his wife are 6. The Review Board will grant Penob- RR 930 (1963), and by the Nation's anti- 100-percent owners of the licensees of AM scot's request for anticompetitive and trust laws. In addition, Penobscot cites Stations WGUY, Bangor, and WRUM, andue concentration of control isues several Supreme Court decisions which Rumford; he himself is 50-percent owner against Bangor." It Is undisputed that hold that any combination, conspiracy, of the licensee of FM Station WDCS, Stone, the owner of Bangor, Is also the or agreement which interferes with the Portland, Maine; and he is presently a owner of the Lobster Iqetwork and of two setting of prices by free market forces creditor of the licensees of WGHM (AM), member radio stations; that the Networl is unlawful per se; 0 therefore, the Net- Skowhegan, and of WEMT-TV, Bangor, sells time on the stations in combination work's discount arrangement, movant in the amount of $100,000 and $25,000, and offers discounts; that member sta- argues, amounts to an interference with respectively. Moreover, Penobscot avers, tions' salesmen serve as Network sales- free market forces. WGHM-FM duplicates the program- men; and that three of the Network qta- 3. In further support of its charge of ing of WGHM 10 percent, and tions are in one-station markets. Based price fixing, Penobscot alleges that mem- WCOU-FM duplicates WCOU 90 percent, on these facts, the Board Is of the opinion ber stations apparently agree upon uni- thereby making them de facto Network that sufficient allegations have been form discounts; that membership in the member stations since WGHM and made to warrant an evidentlary inquiry Network tends to produce strict ad- WCOU are member stations and subject into aspects of the operations of the Net- herence to uniform discounts because to any control exercised by Stone. Penob- work which might constitute price fixing Network salesmen sell time on other Net- scot argues that the above facts paral- and methods of un'air competition. Com- work stations as well as their own,7 and lel those in Brown Broadcasting Com- pare Eastern Broadcasting Corporation, each member station is therefore privy to pany, 3 FCC 2d 887, 8 RR 2d 55 (1966), supra,,30 FCC 2d at 756, 22 RR 2d at 485, information with respect to transactions where the Board added a concentration where we held that "sufficient allegations between fellow members and advertisers. of control issue against an applicant for twerel not submitted to warrant adding Movant further argues that this practice an AM station in North Carolina. In atn] * * * unfair competition Issue." is especially anticompetitive when viewed Brown, according to Penobscot, the ap- Bangor's argument that the Networl:'s in light of the Network's coverage of plicant owned three AM radio stations admitted practice of combination dis- Maine's market for broadcast advertis- located on a direct line from the Virginia count selling Is excused by the fact that ing. In particular, Pen6bscot, relying on border across northeastern North Caro- other advertising agencies In Maine also an engineering statement attached to its lina; the proposed standard broadcast sell time In combination discount I, un- further motion,- alleges that the service station would also have been on this convincing. First, the Leveral radio sta- areas of the Network stations would en- line; the three existing- stations were tions in Maine not affliated with a com- compass a minimum of 75 percent of the sold in combination; and the proposed bination selling group are "entitled to population of the State of Maine and fourth station was also to be sold in com- face broadcast competitors, not combina- that three of the Network stations bination. tions." Combination Advertising Iats, (WRUM, WGHM, and WSME) enjoy a 5. In opposition, Bangor asserts that supra, 28 F.R.at 1161, 24 R at 931. Sec- monopoly position in their respective end, as Penobscot argues 0 cases cited by Penobscot in support of the In Its reply, the service areas. These coverage factors, in anticompetitive issue dealt with "must existence of other advertslng combina- conjunction with the Network's group buy," "forced sales," or "forced combina- tions in Maine does not excuse the poten- discounts, Penobscot argues, place non- tion sales" arrangements which do not, tially anticompetitive Impact of the Net- Network stations in an unfair position. Bangor contends, exist between the Lob- work's sales practices,"' and It is Stone's In Penobscot's view, Stone's representa- ster Network and its member stations. qualifications with which we are con- tion of member stations through the Net- Although the Network does publish a rate cerned, not with those of parties not work tends to eliminate natural competi- card reflecting Network rates, Bangor before us. tion among these stations and between argues that member stations' rates, which 7. The Comminsion has at general these stations and Stone's own stations are printed on the Network's card, are policy which prohibits combination ad- for broadcast advertising; moreover, it set by the stations individually, and not vertising rate agreements by Independent gives Stone a direct and substantial in- by the Network. Bangor further argues licensees serving substantially the same terest in the financial success of member that the Commission, in WBBF, Inc., 24 area on grounds that such arrangemento stations, thereby further tending to FCC 179, 16 RR 981 (1958), condoned raise serious questions under the policle eliminate competition. the use of combination rates where the .inderlying the antitrust laws, conflict 4. Movant also requests an issue in- combination purchase was not forced and with quiring into whether a grant of Stone's even where there was substantial over- established Commission multiple FM application would result in an undue lap, because there was no evidence tend- ownership policies, and are contrary to ing to establish injury to the public the public interest. Combination Advor- 0 interest. With respect to the undue con- tising Rates, supra. Citing United States v. Container Corp. of In the Public Notice, America, 393 U.S. 312 (1969); United States centration of control issue, Bangor main- tains that no legal agency exists v. Sacony-Vacumm Oil Company, 310 U.S. 150 between "IThe Bureau notes that Penobscot's re- (1040); and Prairie Farmer Publishing Co. v. the network and member stations, and, if quest is late filed, but bollovc that inovant Indiana Farmers Guide Publishing Co., 88 F. the Network has any status, it is that of has met the Edgefleld-Saluda test by showing 2d 979 (7th Cir.), cert, den. 301 U.S. 696, an "independent contractor" serving in good cause for the late filing. The Edgoleld- pet.7 reh. den., 302 U.S. 773 (1937). the same capacity as a sales representa- Saluda Radio Company, 5 FCC 2d 148, 8 IM According to Penobscot, Stone testified at tive firm. Bangor also asserts that Stone 2d 611 (1966). the hearing that the relationship between n The Review Board is persuaded that good the Network and the salesmen of member exercises no "control" over those Net- work member stations which he does not cause has been shown for the accoptance of stations is one of "employer-employee". T1. the Instant motion insofar as the requested 178. own. In this regard, Bangor contends anticompetitive, GThe engineering affidavit concludes that concentration, 'and dipoios- that, "control can only be exercised by ure Issues are concerned. (See paragraph 10, the combined population served by all Net- management and/or ownership of a li- infra.) In any event, Penobscot'c motion work stations, including the PAZ proposal of cense." The Broadcast Bureau believes raises serious public interest questions which Bangor and WEMT-TV, of which Stone is a that Penobscot has presented sufficient warrant consideration of the motion on Its creditor, would be 78.4 percent of the 992,048 allegations merits. See The Edgefleld-Saluda lIadlo persons in Maine (1970 Census), and would of fact to warrant further exploration at the hearing. However, the Company, supra. See also Eastern Broadcast- cover a land area of 47.9 percent of the ing Corp., supra. 30,920 square miles constituting the State of Bureau neither supports nor opposes the 22Cf. Klefer-Stewart Company v. Joseph 8, Maine. particularly worded issues requested by Seagram and Sons, 340 U.S. 211, "14 0 One of these stations (1051): (WRUMI) is owned Penobscot, but rather recommends the P. F. Colliers and Son Corp, v. F;", 427 V. 2d by Melvin Stone. addition of a cross-interest issue based 261 (6th Cir, 1970).

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2603 the Commission stated that: 'It is clear of competing media; and the degree of which the broadcaster will have any de- that inherent in combination rate agree- Bangor's control of particular media.! gree, direct or indirect, of cross-interests. ments is the element of price fixing by See Rule '3.204(a) (2). See also Lee En- Multiple Ownership Rules (Docket independent parties who should be com- terprises, Inc., 18 FCC 2d 684, 16 RR 2d 18110), supra, 22 FCC 2d at 307, 18 peting with one another." 28 FR. at 1161, 904 (1969). Compare Harvit Broadcast- RR 2d at 1737. Other than two instances 24 RR at 931, citing Radio Fort Wayne, ing Corp., 18 FCC 2d 459, 16 RR 2d 713 of overlap, as reveaed by Penobscot's Inc., 9 RR 1221, 1222(k) (1954). In the (1969). In this case, Stone owns two radio coverage contour map, there is no show- only reported case decided under the stations which are members of the Net- ing that a grant to Bangor of the F. sta- Public Notice to date (FAT Group Sales, work and thereby can be sold Jointly; tion will result in "cros-interest." That Inc., 2 R 2d 1110 (1964)), the Commis- Stone owns 50 percent of FM station is, Station WDCS-FZ Portland, which sion deferred its proscription on com- WDCS, and is a creditor of Stations Is 50 percent owned by Stone, is located bination advertising rates in order to WGHIM (AM) and WEEMT-TV, all in In the same city as Netv,ork member Sta- foster the development of fledgling FM Maine; and Stone intends to sell the tion WLOB (AM); and Station WflDCS- radio stations; however, the Commission proposed FM station in Bangor along l .r's1 mv/m contour encompasses the had two reservations in granting the with present Network stations. These city of Lewiston, which is located north waiver. First, the Commission questioned facts are sufficient to raise a question of of Portland, and is the city of license of "whether the lower rates offered solely undue concentration of control in aine. Network member Station WCLU (AM). for purposes of a group plan results in As explained in Brown Broadcasting However, this is not to say that the pub- open and fair competition so far as the Company, supra, the danger to be avoided lie interest consideration underlying FM station which might choose not to in such combinations is the economic lev- the Commlssion's eros-interest policy participate in the FM Sales Group plan erage that stations offering Joint rates are not applicable to this case. Cf. Er- is concerned and the advertiser who and discounts would have over their com- wick Broadcasting Corp, 12 FCC 2d would prefer to deal with a single sta- petitors. Cf. Des Moines County Broad- 8. 9, 12 ER 2d 665, 668 (1968). In this tion" The Commission's second reserva- casting Co., 37 FCC 638, 3 RR 2d 416 case, Penobscot has made specific alle- tion concerned the activities of one Les- (1964). Bangor's attempt to distinguish gations of fact which are sufficient to ter Vihon, who was simultaneously an Brown on grounds that the came people rase serious public interest questions as officer -and shareholder of FM Group owned the three existing stations and to whether Stone's dual interests in a Sales and a licensee of a Chicago FST that there was evidence of forced combi- Sales reprmentative firm and a proposed station represented by FT Group Sales. nation selling is not persuasive because, broadcast station serving the same gen- The Commission saw a potential con- like Brown, we are here concerned with eral area (i.e., the coastal area of Maine) flict of interest between Vihon's duty as the stations owned by Stone which are may be contrary to the public interest. an agent for the FM Sales Group and sold jointly vis-a-vis the Network, Ve Therefore, an appropriate issue will be his interest as a station owner where an also note that in Brown there was no added. advertiser might decide to buy some, but showing of forced selling, as Bangor sug- Nondisclosure issue. 10. In support of not all, of the members of the group. In gests; however, the petitioner in Brown Its requested nondisisosure Issue, Penob- our opinion, the facts alleged by Penob- did point out the extensive amount scot alleges that, although an applicant scot regarding Stone and his Lobster Net- of population that would be served by is required by table I. section II of FCC work raise similar questions in this pro- granting a fourth station to the applicant Form 301 to list all of its business inter- ceeding. Moreover, it is well established selling in combination. That is also the ests, Bangor, in Its application failed to that the Commission has the, authority case here. See paragraph 3, supra. disclose Stone's ownership interest in the and the responsibility to preclude broad- 9. The Broadcast Bureau's recommen- Lobster Network.? Penobscot argues that casters from engaging in activities which dation for the addition of a cross-interest this nondisclosure is particularly im- violate the country's antitrust laws. issue, although well taken, cannot be portant because Stone, as president of Mideontinent Broadcasting Co. of Wis- adopted. Technically, a cross-interest Is- Bangor, personally signed the applica- consin, Inc., 11 RR 2d 1081 (1967). Ban- sue, as such, Is warranted only where tion. Furthermore, Penobscot maintains, gor's reliance on the WBBF case, supra, an applicant operates or has some mean- the nondisclosure is particularly reflec- is not persuasive. The case is factually ingful relationship with a station in tive on Bangor's (and Stone's) qua.ifica- distinguishable because there only two broadcast services serving substantially tions to be a Commission licensee because stationg were sold; both were commonly the same area as the applied for sta- of the subject matter of the nondis- owned; and the Commission found no tion. Rule 73.240(a) (1); Multiple Ovm- cleo-ure, I.e,, othsr business interest,. substantial overlap between the stations. ershib Rules (Docket 15627), 13 FCC 2d 11. In Its opposition, Bangor denies Therefore, the Commission concluded 357, 358; 13 RP 2d 1601, 1602 (1908). that It failed to report Stone's interest that several stations which were com- The Commission has defined "substan- In the Lobster Network and claims that monly owned could offer discounts as tially the same area" as a 1 mv/m over- section 31 of Its application incorporated long as such practices were not contrary lap between two or more stations in this information by reference to icenses to the public interest. The Board is not or file with the Commission. See note 11, persuaded that WBBF, a 1958 case, can supra. The Broadcast Bureau agrees with be construed to mean that the Commis- =The Commission's mildtiple owncrmhlp Pennbzcot that Bangor did not ade- sion now "condones" combinations of in- rules have a two-fold objective: (1) fcfterlng quately represent In its ApplIcation dependent licensees offering discounts to ma dmum competition in broadc"-tlnz; and (2) promoting diverslfication of prvgraming Stone's Interest in the Network, thereby advertisers for member stations bought warranting a nondisclosure izsue. The in sources and viewpoints. The concentration of one purchase, particularly in light of control rules are aimed at achieving thee Bureau believes that this case is factually the Commission's 1963 Public Notice pro- two-fold objectives nationally and reion- distinguishable from Hartford County scribing such activities. See also FAT ally, whereas the cro-z-interest rulez at- Broadcasting Corp., 9 FCC 2d 693, 10 RR Group Sales, Inc., supra. tempt to achieve the rame objective locally 2d 1083 (1967), where the Board did not 8. A concentration of control issue and regionally;, therefore, unlike a requet add a Rule 1.65 Issue. The Bureau also against Bangor is also warranted. Sec- for a cross-interet Issue, which nvolves a showing of a I mv/m overlap between an ap- tion 73.240 of the Commission's rules 1Sstlon II of Bangr' appllcatfon rezds prohibits plicant's existing station and the station any grant of license which for which he is applying, there Is no overlap as follo=s: would result in a concentration of con- showing required in requesting an undue "Informatlon In thL- asation is already on trol of FM broadcasting in a manner concentration of control isue. Multiple Own- tile with the Fcdral Communications com- inconsistent with public interest, con- ership Rules (Docket 18110), 22 FCC 2d C0-, mistion. Applicant bs the owner of WGUY, venience, or necessity." In this case, Pen- 18 RR 2d 1735 (1970). Bangor. Maine. rCC File iumbs B'ML-2178 SAlthough Stone testfied at the hearing and BR-1746. Zo chanua since l-t date of obscot has presented ample data con- filing." cerning the size, extent, and location of that the programing format of F7 Statlon VWDCS the areas to be served by Bangor; would make it diffIcult to lnc.ude It Penobscot point, out that Bangor removed the as part of a Network paclmge se, he stated number of people sectlon If from Its application and replaced served; the classes of that he had hopes of r4ling the station as it with a plain sheet of paper containing the stations involved; the number and types part of the Network (Tr. 180). above.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2604 NOTICES requests that the Board, on its own mo- Comparatve efforts and programing 15. The Board agrees with the Broad- tion, add a Rule 1.65 issue against Bangor issues. 13. In support of its requesf to add cast Bureau that the request for com- because of Bangor's failure to amend its comparative issues on ascertainment ef- parative efforts and programing isues is application to reflect the assignment of forts and programing," Penobscot asserts late filed and that good cause ha not license for FM Station WLOB from Port- that, although the Commission's pro- been shown for adding the issues, The land Broadcasting Corp. to Dirigo Com- posed Primer on Ascertainment of Com- materials relied upon by Penobscot In munications, Inc., in which Stone has a munity Problems by Applicants, 20 FCC support of adding the Issues were avail- 50-percent-ownership interest.0 Neither 2d 880 (1969), was released nearly 15 able prior to the expiration of the 1-day Penobscot nor Bangor have filed com- months before the designation order in filing period prescribed by Rule 1.229(c). ments on the Bureau's request. this proceeding, Bangor failed to con- The Edgefleld-Saluda Radio Company, 12. In the Board's opinion, substantial form its ascertainment efforts to the pro- supra. Furthermore, Penobscot's expla- questions have been raised as to whether posed Primer. Movant claims that nation for filing late, i.e., confusion over Stone fully disclosed all of his broadcast Bangor's reliance on a talk show diary, the Commission policy on the Suburban interests in his FM application in com- complaint letters, conversations with talk issue and revelation of testimony at, the pliance with Commission Rule 1.51417 show guests and a survey by an inde- hearing, does not excuse the untimely and whether Bangor failed to update its pendent public relations firm did not filing. The Board further concludes that application pursuant to Rule 1.65. No comply with the proposed Primer's re- movant has failed to show any significant factual dispute exists as to Stone's own- quirements of personal contacts by appli- difference between its proposed program- ership interest in the Network and that cants with representative community ing in Its initial survey and Bangor'v, nor it existed prior to the filing of the appli- leaders and the general public. In com- has it related its claimed substantial cation; however, from table II of section parison, Penobscot avers that its "ascer- superiority In programing to its ascor- II of Bangor's application, and from the tainmenf study was complete in detail." tainment of community needs as re- material incorporated by reference Movant further asserts that Bangor did quired under the Chapman test. See therein, one would be unable to -deter- not relate its proposed programing to Chapman Radio & Television Company, mine whether Stone had any financial problems within the community. In om- 7 FCC 2d 213, 9 RR 2d 635 (1967). See or ownership interest in the Lobster Net- parison, Penobscot points to its un- also Voice of Dixie, Inc., 20 FCC 2d 867, work. All information called for by the amended ascerfainment survey wherein 17 RR 2d 1199 (1969); and Port Jorvis Commission in the application which it identified 22 problem areas and pro- Broadcasting, Inc., 15 FCC 2d 44, 14 R1 might have a substantial bearing on the posed to deal with those problems. 2d 572 (1968). Merely pointing out the status of the application and which 14. In opposition, Bangor asserts that, deficiencies in Bangor's Suburban survey, might have a significant impact on the not only has it complied with the as movant does here, Is not sufficient to determination of a grant of the applica- Primer'8 through an amendment to its warrant adding comnarative efforts amid tion should be before the Commission in initial Suburban survey," but it has poli- programing Issues. We also believe that the initial application. See Folkways cies as an existing licensee of constantly movant has failed to meet the Chapman Broadcasting Company, Inc., 26 FCC 2d conducting community surveys to ascer- test with respect to the amended Subur- 175, 20 RR 2d 528 (1970). That is not so tain problems, needs, and interests of the ban surveys of the applicantzP Finally, in this case. As the Bureau points out, Bangor area. Bangor views Penobscot's Penobscot's construction of the Commis- the present case is clearly distinguish- request as an attempt by it "to overcome slon's Public Notice on Amendments by able from Hartford, supra, where we held [Penobscot's] own deficiencies" in its Applicants In Pending Hearing Cawes to that a "specific reference" in the appli- Suburban survey. The Bureau, employ- Comply with the Primer on Ascertain- cation to other documents, thereby in- ing the Edgefield-Saluda test, argues that ment of Community Problems, supra, a5 corporating those documents into the Penobscot's request is late filed and that precluding consideration of amended application, did not necessarily violate good cause for adding comparative efforts surveys Is clearly incorrect. In Eastern Commission Rule 1.65. Finding no specific and programing issues has not been Broadcasting Corp., 31 FCC 2d 724, 22 reference to Stone's interest in the Net- shown. The Bureau notes that Penobscot RR 2d 969 (1971), we interpreted the work in Bangor's application" we there- relies on its own and Bangor's pre- Commission's Public Notice to mean, fore believe that a nondisclosure issue is amended applications, which were avail- "that amendments should not be con- warranted. Although the Bureau's re- able prior to the expiration of the 15-day sidered in determining whether com- quest for a Rule 1.65 issue against fling period prescribed by Rule 1.229 (c). parative preferences or demerits should Bangor is procedurally deficient, the is- Thus, the Bureau argues, since both ap- be assessed when comparative efforts sue will be added on our own motion plicants have amended their Suburban and/or programing Issues have betn because of the seriousness of the matter. showings to conform with Primer, no specified prior to the filing of the amend- The Board thus agrees with the Bureau useful purpose would be served by going ment." 31 FCC 2d at 725, 22 RR 2d at 967. that Bangor's failure to amend its appli- into preamendment showings. In reply, This means that in deciding whether or cation to reflect the assignment of license Penobscot takes the position that the not to add comparative efforts and/or for Station WLOB-FM (now WDCS-FM) Board is precluded from considering the programing Issues in the first instance, raises serious questions as to whether applicant's amended showing by virtue the Board (or Commission) can and will Bangor has kept the Commission in- of the Commission's June 4, 1971, Public consider amended community survey formed of changes material to its appli- Notice on Amendments by Applicants in showings. In our view, this Is not only Pending Hearing Cases to Comply with See De Witt Radio, 18 FCC 2d logical, but legally correct as well. cation. the Primer on Community Problems, 30 16. Accordingly, it is ordered, That the 494, 16 RR 2d 821 (1969). See also Folk- FCC 2d 136, 21 RR 2d 1746. further motion to enlarge issues, filed ways Broadcasting Co., supra. August 13, 1971, by Penobscot Broad- "Although this'is Penobscot's second re- casting Corp., Is granted to the extent 20The assignment was approved by the quest for a comparative programing issue, herein indicated, and Is denied in all Commission on Jan. 21, 1971. the bases for the two requests differ (see other respects; and that the Issues In 17Rule 1.514 requires an applicant to: paragraph 1, supra). Therefore, the intat this proceeding are enlarged to include '* * * include all Information called for by motion will be considered on its merits. See the following: the particular form on which the application Alvin L. Korngold, 32 FCC 2d 471, 472 n. 4, (a) To determine whether Melvin L. is required to be filed, unless the information 23 RR 2d 267, 269 n. 4 (1971). Stone, owner of Bangor Broadcasting called for Is inapplicable, in which case this 20Primer on Ascertainment of Community fact shall be indicated." Problems by Broadcast Applicants, 27 FCC Corp., has engaged in or at anticompeti- 1Neither file number specifically referred 2d 650, 21 RR 2d 1507 (1971). tive activities and practices which are to in Bangor's application (see note 14, "By Order, FCC 71M-919, released June 10, supra) discloses that Stone owns the Lobster 1971, Bangor's petition for leave to amend =In footnote 6 to its reply, Pcnobscot sub- Network. The other information given by its application to reflect the results of a more mils that the reque3ted Isues are warranted Bangor (i.e., "already on file with the * * * recent community survey was granted by the based on a comparison of the amended nur- Commission") is too vague to satisfy the re- Examiner. In thd same order, the Examiner veys; however, Penobscot makca no effortz to quirements of Commission Rule 1.514. See also granted Penobscot's petition to amend comply with the Chapman test asi to tho note 16, supra. its Suburban showing. amended surveys, either.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2605 illegal or otherwise inconsistent with the No. 19303, File No. BPH-7403; Richard and Margaret Smith, the owners of public interest; and if so, whether it re- S. Cobb and Mary Cobb doing business Community, have placed their shares flects on the basic and/or comparative as Easton Broadcasting Co., Easton, Md., of stock in Adler Communications Corp. qualifications of Bangor Broadcasting Docket No. 19304, File No. BPH-7493; for In a trust for the benefit of their chil- Corp. to be a Commission licensee. construction permits. dren, contrary to the provisions of con- (b) To determine whether the dual 1. The above-captioned mutually ex- dition 2. Petitioner also suggests that ownership interests of Melvin L. Stone, clusive applications for a new nEM sta- the Smiths' "financial liquidity" may as owner of both Bangor Broadcasting tion at Easton, Md., were designated for not be substantially the same as it was Corp. and the Lobster Network, provide hearing on a standard comparative Issue December 31, 1970, as required by con- a potential for the impairment of open, by Commission Order, FCC 71-864, pub- dition 3, in view of the trust created arms length competition between broad- lIshed August 28, 1971, 36 F.R. 17376. By by them for their children and certain cast stations serving substantially the a petition to enlarge issues, filed Septem- changes in Adler Communications Corp., same area, and contrary to the prin- ber 13, 1971, Easton Broadcasting Co. including Adler's offer to sell its radio cipals underlying the Commission's cross- (Easton) seeks the addition of a com- Stations WHAG and WHAG-FXM. Easton interest policy and, if so, the effect parative programing issue, as well as the relies primarily on affidavits of Mary thereof on the applicant's basic and/or following issues concerning Community Cobb, a partner in Easton, and George comparative qualifications to be a Com- Broadcasting, Inc. (Community): finan- W. Dietrich to support its contention mission licensee. cial qualifications, availability of site, ef- that Community has underestimated its (c) To determine whether a grant of forts to ascertain community needs, and construction and first-year operating the Bangor Broadcasting Corp. applica- maintenance of a file for public Inspec- costs by a minimum of $15,000. Mrs. tion would be inconsistent with the pub- tion. Cobb states that she and her son, lic interest because, as a consequence, Financialqualifications issue. 2. Easton Richard Cobb, as partners own Easton- Melvin L. -Stone would have an undue bases its request for a financial qualifica- Broadcasting Co.; that Easton has been concentration of control of the media of tions issue on two major contentions: the licensee of Station WEMD, Easton, mass communications in the State of first, the bank loan upon which Com- Md., since 1960; that she has had pri- Maine. munity relies may not now be available mary partnership responsibility for all (d) To determine whether Bangor to Community; and, second, Community aspects of the station's management, in- Broadcasting Corp. has failed fully to has, because of faulty estimates and cluding supervision of the construction disclose material facts concerning the omission of necessary expenses, substan- of the station and its day-to-day opera- business interests of Melvin L. Stone. tially underestimated its financial re- tion; that she was general manager of 17. It is further ordered, That, on the quirements. With respect to the bank Station WBCL, Williamsburg, Va.; that Board's own motion, the issues in this loan, Easton notes that in the letter of she has had a partnership interest in proceeding are enlarged to include the commitment from Woodlawn National Tenth District Broadcasting Co., an ap- folIowing: Bank, the bank agrees to lend Commu- plicant for a new AM station at Potomac, (e) To determine whether Bangor nity $50,000 if the following conditions Md.; and that prior to the above experi- Broadcasting Corp. has complied with are met: ence she was employed by Columbia provisions of section 1.65- of the Com- 1.(There be awarded to W. Ronald Broadcasting System. mission's rules by keeping the Commis- Smith and Margaret D. Smith trading as sion advised of 3. Mrs. Cobb alleges that Community's substantial changes in Community Broadcasters or a corpora- estimated legal expenses of $362 is at the matter specifically referred to in this tion in which they individually or collec- Memorandum Opinion least $2,000 less than a realistic figure.- and Order, and, tively will own a majority of the voting She states that Easton has already ex- if not, to determine the effect of such, stock by the appropriate Federal regu- noncompliance on the basic and/or pended $1,000 and, based on past experi- com- latory authorities a certificate to con- ence, she is certain that a minimum legal parative qualifications of Bangor Broad- struct and operate the above-mentioned casting expense of $2,500 will be required if Corp. facility. Community pursues its application 18. It is further ordered, That the bur- 2. You agree that you will not sell, as- through the instant hearing. moreover, dens of proceeding with the introduction sign, encumber or in any way dispose of Mrs. Cobb notes that Community has of evidence and proof under issues (a), any shares of the Adler Communications made no provision for freight on equip- (b), and (c) added herein shall be on Corp. stock without our approval so long ment, a transmitter house, a road from Bangor Broadcasting Corp.; that the as this commitment is outstanding or any the public road to the antenna site, and burden of proceeding with the introduc- portion of the funds. possibly an easement from the public tion of evidence under issue (d) added 3. The financial condition of W. Ron- road to the transmitter site. Based on herein shall be upon Penobscot Broad- ald Smith and Margaret D. Smith will her experience and on estimates ob- casting Corp.; that the burden of pro- be substantially the same as at the date tained from local contractors, Mrs. Cobb ceeding under issue (e) added herein of this letter, and will be subject to a re- contends that these omitted items wil shall be upon the Chief, Broadcast Bu- view satisfactory to the bank at the time Cost a minimum of $1,500. Thus, Mrs. reau; and that the burden of proof under of the first advance. Cobb concludez, Community's preopera- issues (d) and (e) added herein shall be 4. A pro forma statement will be fur- tional costs are underestimated by at upon Bangor Broadcasting Corp. nished evidencing feasibility of proposed least $3,600. Adopted: January 26, 1972. operation. 4. With respect to operating costs, Released: January 28, 1972. Easton points out that there Is no evi- Mrs. Cobb contends that Community has dence in the record that Community underestimated Its first-year salary re- FEDERAL COLrUMICATIONS has submitted a pro forma statement quirement by a minimum of $10,000. She COmmnssroN, evidencing the feasibility of its proposed argues that based on her experience at EsEAj BEN F. WAPLE, operations, as required by condition 4. WEMD a minimum of $100 per week wil Secretary. Furthermore, Easton alleges that Ronald be necessary for each of Community's [F Doe.72-1610 Filed 2-2--72;8:49 am] four propozed full-time employe_s and iRe-ponsive pleadi gs before the Board that another $3,000 per year wi be are: (a) Comments, filed by the Broadc.st necessary for the proposed Part-time em- IDocket Nos. 19303, 19304; FCC 72B--271 Bureau on Oct. 7, 1071; (b) letter and at- ployees; thus, a more realistic salary COMMUNITY BROADCASTERS, INC., tachments, filed on Oct. 8, 1971, by Commu- projection is $23,800 per year rather than nity; (c) oppasition, filed on Oct. 8, 1071, the $13,700 projected by Community. ET AL by Community; and (d)reply, filed by raton on Oct. 22, 1971. The Board alco has before Memorandum 2 Opinion and Order it a petition to accept late-filed oppozsIton. Mztoa relic- on the afada;v t of counzal Enlarging Issues filed Oct. 8, 1971, by Community. Since good rho states that he acertained by telephone cause has been ahovn for the late flUng, the that Blachbur & Co. was in fact holding In regard applications of Community petition will be granted and the opposition out Statlon WRAG and WEAG-FI, Half- Broadcasters, Inc., Easton, Md., Docket considered by the Board. way. M.id., for cale.

FEDERAL REGISTER, VOL 37, NO. 23-HURSDAY, FEBRUARY 3, 1972 2606 NOTICES

Mrs. Cobb also contends that, based on by V. Ronald Smith and Margaret D. decisive of the mttter. Easton her; rabcd operating experience at WEMD, Com- Smith to the effect that on October 24, a number of questions as to vlklc tho munity has greatly underestimated its 1971, the trust will be terminated. Com- designatlon order "contains no rea- costs for news service, records and-tran- nunity advised the Board that the fore- soned analysis with respect to the meriti scriptions, utilities, telephone, postage going material, together with other per- * * 5" Atlantic Broadcastin-, Co, and office supplies, and insurance. Fur- tinent information, had been incor- (WUST), 5 FCC 2d 717, 721, 8 RR 2d thermore, Easton contends, Community porated in an amendment which was 991, 996 (1966). Accordingly, the Board has completely failed to list such items filed with the Examiner.' Thus, Com- must consider the merits of the qucmtlon as dues and subscriptions, travel and munity argues, it is clear that a bank raised. entertainment, automobile expenses, and loan of $60,000 will be available to It 8. In opposition to Easton's rectted royalty payments. Easton also contends, to construct and operate its proposed issue concerning the availability of Com- relying on the affidavit of Marianna station. With respect to the validity of munity's bank loan, Community relks on Woodson Cobb, its consulting engineer, its estimates, Community notes that two a new bank letter and certain afldttvits4 that Community's proposed antenna of its full-time employees will be vIr. & of the Smiths with respect to the trust tower cannot be erected on the 1-acre Mrs. Smith, and that they will together agreement (see paragraph 5) which wero site it has proposed. In order to prop- draw only $5,200 per yearI leaving the tendered as an amendment to Its appli- erly guy such a tower, the engineer as- remaining $9,500 to pay two additional cation. The Board villl take into account serts, additional land is necessary or, full-time and two part-time employees. the new bank letter and the affidait of as an alternative, much more expensive Community contends that the station the Smiths to the extent that they meet construction techniques are required. will operate only 102 hours per week and the technical problems raised by the pe- Thus, petitioner contends that alto- since "staff salaries will be based on hours tition to enlarge, but vie cannot rely on gether Community has underestimated worked the amount estimated should be the tendered amendment,, which wa re- its construction and first-year operating quite adequate." With respect to Easton's jected by the Examiner, to Increase the costs by a minimum of $36,000. Further- contentions concerning other expenses, bank commitment from $50,000 to $60,- more, it argues that since Community's Community notes that its anticipated ex- 000. See Edward Atsinger n1, et aL, 30 proposal relies on $51,500 to meet antici- pense for news service is overstated by FCC 2d 493, 499, 22 RR, 2d 236, 244 pated cash requirements of $50,032.60, $160 as witnessed by an attached letter (1971). In our view, this letter, consid- even assuming the bank loan is forth- from UPI, and contends that its other ered together with the supporting affi- coming, Community will inevitably be at estimates are valid. With respect to items davits, adequately establishes reasonable least $35,000 short of the total expendi- omitted which Easton believes should be assurance that the loan will be avail- tures which Easton reasonably believes included, Community contends that able Thus, we conclude that Community will be necessary for Community to con- these items of expense are not necessary can rely upon a loan of $50,000 from struct and operate its proposed station to its operation. Particularly, it notes Woodlawn National Bank of Alexandria, for the first year. that any royalty payments are based on Va. 5. The Broadcast Bureau, in its com- a percentage of gross revenue and, since 9. However, Mrs. Cobb's allegations ments, takes the position that, in the its projections are based on an assump- concerning Community's proposed con- absence of further clarification by Com- tion of no revenue, it is not necessary to struction and first-year operating co'lt munity, the financial Issue should be anticipate royalties. As to the construc- raise serious questions which have not added. Community opposes the petition tion cost, Community contends that the been satisfactorily answered in Com- both procedurally and on the merits. It transmitter shack "will be a very simple munity's opposition. Mrs. Cobbls exten- contends that It has already been found building" which Mr. Smith plans to con- sive experience In operating Station by the Commission to be financially struct himself or at least help in the WE1D provides a sound basis for many qualified on two occasions: first, when its construction, and that the studio will be of her estimates and for others she has application was granted by staff action located in a residential building which relied on local experts. Community's e,- on April 26, 1971; 3 and, second, when the Smiths will also use as their home. timated legal expenses are clearly intutif- the consolidated proceeding was set for 7. The procedural arguments raised by ficient for a comparative hearing. Easton hearing. Community also contends that Community are applicable to the Board's also challenges Community's ability to Easton had ample time to raise any ques- consideration of all of the requested is- erect its proposed tower on I acre for tions it might have had concerning Com- sues. We will therefore treat those mat- the cost it estimates and Community has munity's application by way of a peti- ters before we consider the allegations made no provision for the cost of Its pro- tion to deny before the matter was set and arguments on the requested financial posed transmitter shack. These ques- for hearing. Community additionally in- issue. Community's contention that the tions, considered together with a nmnber sists that the petition should be denied petition to enlarge should not be con- of alleged operating cost omislons amd because sidered since Easton could have raised alleged underestimated costs, warrant of a lack of supporting affidavits. its questions before designation has no 6. On the merits, Community submits the inclusion of an Issue concerning pro- merit. Easton's petition to enlarge is posed construction and operating costs. a new commitment letter from the Wood- timely filed and must be considered lawn National Bank of Alexandria, Va., on Community makes no comments con- its merits.' Nor is Community's conten- cerning Its legal fees and tower construc- which states that the bank will lend tion that it has twice been found legally, Community $60,000 on the same terms tion costs nor does it give us a figure for Tnancially and technically qualified to the cost of Its transmitter shack and Its and conditions as set forth in its letter be the licensee of a new FM station of December 31, 1970. The letter also generalized comments concerning the states that Community has informed the validity of its estimated first-year oper- bank of the Smiths' trust for their chil- 'Community's petition to amend, filedational expenses do not provide adequate dren, that the trustees have agreed to Oct. 8, 1971, was denied by the Hearing Ex- answers to the questions presented by pledge the Adler stock as security for the aminer's order, released Oct. 27, 1971, FCC Easton's petition. The Board will there- bank's loan to Community, and that this 711M-1702, and a petition for reconsideration fore add an appropriate financlal quali- was denied by the Hearing Examiner's order. fications Issue. arrangement is acceptable to the bank. FCC 711M-1888, released Dec. 6, 1971. Community also submits a statement by 5 Community also notes that the super- Availability of antennasite. 10. Easton the trustees that the stock will be pledged visory salaries of Mr. & Mrs. Smith will be alleges that Community relied upon a 0- to secure the Community loan. Further, "paid only if funds are available." month option to establish the availability Community submits an affidavit signed Section 1.229 (a) and (b) reads, in per- of its proposed site. Easton contendj that tinent part, as follows: (a) A motion to enlarge, change or delete TThe material submitted answors the aEasten's application was fled Apr. 15, the issues may Pe filed by any party to a questions raised concorning the trust agree- 1971. The staff apparently granted Com- hearing. ment; we have no reason to beliovo that the munity's application without, knowledge that (b) Such motions must be filed with the Smiths' financial condition has cubttantlally Easton's application had been filed. The Commission not later than 15 days after the changed; and, since the bani: is atiMfed with grant was then set aside by order of the issues in the hearing have firstbeen pub- the feasibility study, we eo no reason why Chief of Broadcast Bureau on Apr. 28, 1971. lished in the FEDERAL EIsTsm 0* * It should be submitted to the Commicolon.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 260T

the option by its terms has now expired ments which were not Included are of no casters, Inc., are reasonable, and if not, and had not as of the date of the peti- significance and that, in any event, the whether sufficient additional funds are tion been renewed. In opposition, Com- public was not deprived of Information available to Community Broadcasters, munity relies on a letter dated Septem- since Mrs. Cobb Is the only person who Inc., and whether, in light of the facts so ber 28, 1971, from Talbot Real Estate in has inspected the file. The Review Board found, Community Broadcasters, Inc, is which it is stated that up to 1 acre of is of the view that failure to maintain financially qualified to construct and op- land is available to Community for the the public inspection files as required by erate Its proposed station for 1 year with- construction of a guyed antenna tower. Commission rule raises questions as out operating revenue. In its reply, Easton concedes that suffi- to the qualifications of an applicant. The (2) To determine the efforts made by cient suitable land is probably available significance of this infraction can best Community Broadcasters, Inc, to ascer- to Community for its antenna site. In be evaluated in the context of a public tain the community needs and interests view of these circumstances, the site hearing. Accordingly, we will include an of the area to be served by its proposed availability issue is not warranted issue to ascertain the circumstances sur- station and the means by which the ap- Ascertainment of community needs. rounding the infraction of the rule and plicant proposes to meet those needs and 11. Easton states that the survey to as- its effect on the comparative qualifica- interests. certain community needs conducted by tions of the applicant. (3) To determine whether Community Community is deficient in that it was Comparative programing. 14. In sup- Broadcasters, Inc., has made available limited to recognized community leaders port of its request for a comparative for public inspection a complete copy of and did not seek to learn the views of the programing issue, Easton states that it the application as required by § 1.526(a) general public. Moreover, petitioner con- proposes substantially more nonenter- (1) of the Commssilon's rules; and, if tends, not one of those leaders inter- tainment programing than does Com- not, the effect thereof on the applicant's viewed was black, although over 25 per- munity (25.4 percent as opposed to 8.6 comparative qualifications to be a Com- cent of the population which the pro- percent), and that It proposes to pro- mission licensee. posed station will serve is black. In op- gram 15 more hours each week than will 18. It is further ordered, That the position, Community argues that its sur- Community. It also'notes that, of the 20 burden of proceeding with the evidence vey has already been approved by the hours and 8 minutes of news It proposes, and the burden of proof with respect to Commission but, by way of caution, it one-third will be local and regional news. each of the foregoing Issues shall be on also relies on a subsequent conference Petitioner contends that, since local Community Broadcasters, Inc. with members of the congregation of the news is one of the pressing needs of the Adopted: January 26,1972. Bethel AM.E. Church and a survey of area, its proposal, when compared with seven leaders of the Negro community in Community's lesser effort, Justifies a Released: January 28,1972. Easton, Md. comparative programing Issue. In oppo- 12. The Board will add an issue FDmEnAL Coimxumc:Arroc"s to sition, Community notes that Easton's COMMIssIOx, determine whether Community's efforts proposed programing is a 100 percent [sA] BEN F. WAPLr to ascertain community problems com- duplication of its AM station programing. Secretary. ply with the procedure outlined in the -Moreover, Community contends, Easton Commission's Primer on Ascertainment has provided no facts which would war- (FR Dcc.72-61U Filed 2-2-72;8:49 am] of Community Problems by Broadcast rant a comparative programing Issue. Applicants. Community's argument that 15. It is well established that to Jus- the Commission has already approved its ALAN F. NECKRITZ AND LAWRENCE B. tify a comparative programing Issue, a ORDOWER survey is no more valid than the same proponent must show substantial pro- argument with respect to its financial posed programing differences going be- Order Extending Time qualifications, see paragraph 6, supra. yond ordinary differences of programing It does not appear that Community has Judgment, showing a superior devotion In regard complaint by Alan F. Neck- undertaken to ascertain the views of the to public needs which were ascertained ritz and Lawrence B. Ordower, Berkeley, general public in Easton and the sur- by the applicant's study of thoze needs. Calif., concemIn Fairness Doctrin re- rounding area. Nor did the material orig- Chapman Radio and Television Co., 7 garding Stations KGO-TV, KRON-TV, inally submitted with its application con- FCC 2d 213, 9 RR 2d 635 (1907); Lester KPIC-TV, KNBC, and INXT. tain any reference to interviews with any H. Allen, 17 FCC 2d 439, 16 PRI2d 19 1. The Chief, Broadcast Bureau, has members of the black community in Eas- (1969). Easton has not made such a before him a motion of National Broad- ton. We cannot consider the survey ma- showing in the instant case. Easton con- casting Co. (NBC), filed on January 14, terial submitted with Community's op- tends that its greater emphasis on local 1972, to extend the time for filing re- position since that material was part of news warrants a comparative efforts is- sponses to the Commission's letter of the amendment which the Hearing Ex- sue. However, it has failed to establLsh January 5, 1972 for 60 days and an op- aminer rejected. Moreover, -the amend- that this emphasis on local news is re- position thereto by Messrs. Neckritz and ment material does not correct the -ap- lated to its study of the needs of _,ston. Ordower filed on January 24, 1972. Re- parent deficiency regarding contacts only one reference to local news is found sponsce were oriinally due on Janu- with the general public. Thus, an ap- in Easton's survey and Easton's mere ary 19, 1972, and one extension to Janu- propriate issue must be added to this-- assertion that the need for local news ary 26, 1972, has already been granted proceeding. is one of the Presslng needs of the area for all parties. Completeness of public inspection file. does not meet the test set forth in the 2. As grounds for this lengthy exten- 13. Easton, replying on the affidavit of Chapman case. Thus, Easton's request sion, NBC pleads that "a search and Mary Cobb, alleges that Community's for a comparative programing issue will analysis of programing and advertising public inspection file, maintained in the be denied. materials" must be performed at its Los Town Office Building in Easton, Md., was Angeles KNBC station and in New York. 16. Accordingly, it is ordered, That the However, NBC's main incomplete. Mrs. Cobb notes that several petition to accept late Mling, filed Octo- point appears to amendments to the application and some ber 8, 1971, by Community Broadcasters, be that "the time consuming process of pertinent correspondence were not in- communicating with and cordinating Inc., is granted; and that the petition to these matters [from New eluded in the file. Community, in oppo- enlarge issues, filed September 13,1971, is York] with granted NBC personnel located in Los Angeles re- sition, concedes that the file was in fact to the extent indicated herein, quires a period greatly in excess of that incomplete, but contends that the docu- and is denied in all other respects; and allotted by the Commission." 17. It is further ordered, That the is- 3. In opposition, complainants assert 8 sues in the instant proceeding are that the questions asked in the Commns- petitioner's allegation that the proposed enlarged as follows: antenna cannot be built on the specified slon's letter of inquiry regard areas which site, absent considerable added expense, may (1) To determine whether the esti- came to the attention of all of the in- be explored under the financial issue being mated construction and first-year op- terested parties someamonths ago. There- added herein. erating costs of Community Broad- fore, complainants assert that the parties

FEDERAL REGISTER, VOL 37, NO. 23--THURSDAY, FEBRUARY 3, 1972 2608 NOTICES

have had more than enough time to for- Office of Management and Budget Circu- mulate positions with respect to the ques- GENERAL SERVICES lar No. A-56 Revised, dated August 17, tions asked by the Commission and no 1971, states "' e * In case of individual further extension of time should be ADMINISTRATION transfers the commuted rate system will granted. be used without consideration being 4. First, it is noted that the points FLOOR FINISHES, WAXES, AND given the actual expense method except raised by NBC relate solely to the Com- POLISH REMOVERS the actual expense method may be used If mission's r quest for the dates and times the actual costs to be Incurred by the of carriage of the advertisements com- Industry Specification Development Government for packing and other acces- plained of and for any material broad- Conference sorial services are predetermined (at cast which advised the public of the con.- least as to price per 100 pounds) and if troversy Notice is hereby given that the Fed- that method concerning the "Chevron F-310" eral Supply Service, General Services Is expected to result In real advertisements. NBC pleads no unusual savings to the Government of $100 or circumstances Administration, will hold an Industry more." to justify delaying the re- Specification Development Conference in sponses due to the three questions asked b. The margin of $100 as a minimun in the Commission's connection with the following interim "savings" was established to cover letter of inquiry. Federal specifications: the Those questions were raised in this pro- administrative costs associated with ceeding well before the Commission's P-F-00430A-Floor Finish, Water Emulsion shipments moving under the actual ex- letter was sent, as noted in complain- (For Use on Light Colored Floors). pense method (GBL), P-W-00155B-Wax, Floor, Water Emulsion, c. ant's opposition, and an additional 7 days Slip Resistant. Agencies are construing the rovised has already been granted to formulate P-lP-001760-Remover, Floor Polish (Resin- regulations to preclude use of the aetual responses. Consequently, all parties Type and Wax): expense method (GBL). This is not the should submit their responses to the case. three basic questions asked in the letter The purpose of the conference is to 4. Recommended action. a, The gen- of inquiry by January 26, 1972. provide a forum for consideration of eral policy Is that the commuted rate 5. With respect to information regard- suggestions, ideas, or ways and means to system will be used for transportation ing dates and times of carriage of the improve the specifications to the end that of employees' household goods when in- Chevron F-310 advertisements and ma- (1) mutual understanding by both the dividual transfers are involved. However, terial broadcast advising of the con- Government and industry of the Govern- the regulations provide that the actual troversy therein, NBC's assertion of ad- meat's technical requirements for the expense method (GBL) may be used on ministrative difficulties does not justify items and (2) the quality of the product individual transfers if actual costs to be the lengthy extension of time it has re- to be shipped to the Government will be incurred are predetermined and a sav- quested to supply data sought by the enhanced. It will be open to all those in ings of $100 or more Is expected to result. Commission. In this regard it is noted the private sector who have an interest A proper comparison of costs must take that the search and analysis in Los or concern for these matters and all other into account the line-haul, accessorial, Angeles was admitted by NBC to be Government departments or agencies and packing charges. "already In progress" on January 14, having an interest therein are also being b. Several carriers have offered to 1972. By exercise of due diligence that invited to send their representatives. move the household goods of employee. search and the "companion search" in The conference will be held on Febru- for a transportation cost plus a flat cost New York should be near to completion ary 15, 1972, at 9:30 a.m., Room 1022, per hundredweight for packing. If car- if not already accomplished. Quick and Building 4, Crystal Mall, 1941 Jefferson riers do not provide the agency an All- efficient administrative procedures can Davis Highway, Arlington, Va. Anyone Inclusive fixed cost or fixed rate per 100 be employed to collate this information who wants to attend or desires further pounds for packing and other packdng- information should contact Dr. George related accessorial charges, in a period shorter than that requested E. such ship- by NBC which admits that it will supply Cushm ac, General Services Adminis- ments will have to be handled under "a 'sampling' rather than a total analy- tration, Federal Supply Service, Office of the commuted rate even though In tho sis" of its programing. Since the other Standards and Quality Control, Wash- past those shipments may have been licensee respondents ington, D.C. 20406, telephone No. (Area handled on GBL. may be in a similar Code 703) 557-1489. position to NBC, a short extension of c. GSA Is in the process of determin- time will be granted to all responding Issued in Washington, D.C., on Febru- Ing which carriers quote or will quote licensees but only with respect to the ary 1, 1972. cost of packing on a "total basis" for basic information sought by the Commis- M. S. MEEeER, ease of comparison. When developed, sion as already noted. Commissioner. this information will be promptly sent 6. Accordinglj, it is ordered, That, [FR Doc.72-1676 Filed 2-2-72;8:51 amI to agencies to assist in their evaluation pursuant to section 5 (d) of the Act, and of total costs. § 0.281(v) of the Commission's rules, the Dated: January 31, 1972. date for submitting information as to the [GSA Bulletin FPLIR A-32 General] dates and times of carriage of the ROBnRT M. O'M ourny, USE OF COMMUTED RATE Chevron F-310 advertisements and ma- SCHEDULE Commissioner, Transportation OR ACTUAL terial broadcast advising of the related EXPENSE-METHOD and CommunicationsServuce. controversy as requested in the Com- To: Heads of Federal Agencies. [FR .DCo.72-1678 Flied 2-2-7.;8:52 aml mission's inquiry (letter dated 1. Purpose.This bulletin clarifies guide- Janu- lines ary 5, 1972) is extended for deciding whether to use the for 14 days to commuted rate system or the actual qx- February 9, 1972; in all other respects, pense method (Government bill of lad- FEDERAL POWER COMMISSION NBC's motion for extension of time is ing) for the transportation and tempo- [Docket No. G-10786 eto.] denied. rary storage of household goods of ci- vilian employees CAR-TEX PRODUCING CO. ET AL. Adopted: January 24, 1972. of the United States and other authorized persons being trans- Findings and Order Released: January 26, 1972. ferred between or to official duty stations FEDERAL CooUUxzCATIONS in the conterminous United States. JAn uARY 18, 1972., CoMMssIOir, 2. Expiration date. This bulletin con- Findings and order after statutoi [SEAL] WALLACE E. JOHNSON, tains material of a continuing nature hearing issuing certificates of public Chief, BroadcastBureau. and will remain in effect until canceled convenience and necessity, amending or superseded. orders issuing [FR Doc.72-1609 Filed 2-2-72;8:49 am] certificates, dismissing ap- 3. Background. a. Section 6.3c(4) of plication, permitting and approving

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY FEBRUARY 3, 1972 NOTICES 2609 abandonment of service, termipating Ject to the jurisdiction of the Commis- (A) Certificates of public convenience certificate, terminating proceedings, sion; and such sales by applicants, to- and necessity are Issued upon the terms making successors co-respondent, re- gether with the construction and opera- and conditions of this order authorizing designaftig proceedings, and accepting tion of any facilities subject to the Jurls- sales by applicants of natural gas in rate schedules for filing. diction of the Commission neceary interstate commerce for resale, together Each applicant herein has filed an ap- therefor, are subject to the requirements with the construction and operation of plication pursuant to section '7 of the of subsections (c)and (e) of section 7 any facilities subject to the jurisdiction Natural Gas Act for a certificate of pub- of the Natural Gas Act. of the Commission necesary therefor, lic convenience and necessity authoriz- (3) Applicants are able and vlling all as herdnbefoxe described and as more ing the sale for resale and delivery of properly to do the acts and to perform fully describcd in the applications and natural gas in interstafe commerce or the service proposed and to conform to in the tabulation herein. .for permission and approval to abandon the provisions of the Natural Gas Act (B) The certificates granted in para- service or a petition to amend an order and the requirements, rules, and rezula- graph (A) above are not transferable issuing a certificate, all as more fully tions of the Commission thereunder. and shall be effective only so long as set forth in the applications and peti- (4) The sales of natural gas by Appli- applicants continue the acts or opera- tions to amend. cants, together with the construction and tions hereby authorized in accordance Applicants have filed FPC gas rate operation of any facilities subJect to with the provisions of the Natural Gas schedules or supplements to rate sched- the jurisdiction of the Commislsonneces- Act and the applicable rules, regulations, tles on fie with the Commission and sary therefor, are required by the public and orders of the Commission. propose to initiate, abandon, add, or dis- convenience and necessity; and certifi- (C) The grant of the certificates is- continue in part natural gas service in cates therefor should be Issued as herein- sued in paragraph (A) above sall not interstate commerce as indicated in the after ordered and conditioned. be construed as a waiver of the require- abulation herein. - (&) It is necessary and appropriate'in ments of section 7 of the Natural Gas Union Texas Petroleumi a division of carrying out the provisions of the Nat- Act or of Part 154 or Part 157 of the Allied Chemical Corp. et al., applicant in ural Gas Act and the public convenience Commison's regulations thereunder Docket No. CI71-798, proposes to con- and necessity require that the orders Is- and is without prejudice to any findings tinue its sale of natural gas formerly suing certificates of public convenience or orders which have been or which may authorized in Docket No. G-4318 to be and necessity in various dockets involved hereafter be made by the Commission made pursuant to R. C. Harris FPC Gas herein should be amended as hereinafter in any proceedings now pending or here- Rate Schedule No. 1, which has been ordered. after instituted by or against applicants. canceled because R. C. Harris has been (6) The sales of natural gas proposed Further, our action in this proceeding issued a small producer- -certificate of to be abandoned, as hereinbefore de- shall not foreclose or prejudice any public convenience and necessity in scribed and as more fully described in future proceedings or objections relating Docket No. CS71-325. The rate under said the applications and in the tabulation to the operation of any price or related rate schedule was in effect subject to re- herein, are subject to the requirements of provisions in the gas purchase contracts fund *in Docket No. R171-694. There- subsection (b) of section 7 of the Natural herein involved. The grant of the certifi- fore, applicant will be made a co-re- Gas Act. cates aforesaid for service to the particu- spondent in said proceeding and the (7) The abandonments proposed by lar customer. involved does not imply proceeding will be redesignated applicants herein are permitted by the approval of all of the terms of the con- accordingly. public convenience and necessity and tracts, particularly as to the cessation of The Commission's staff has reviewed should be approved as hereinafter service upon termination of said con- each application and recommends each ordered. tracts as provided by section 7(b) of the action ordered as consistent with all (8) It is necessary and appropriate in Natural Gas Act. The grant of the cer- substantive Commission policies and re- carrying out the provisions of the Natu- tificates aforesaid shall not be construed quired by the public convenience and ral Gas Act that the certificates hereto- to preclude the imposition of any sanc- necessity. fore issued to applicants relating to the tions pursuant to the provisions of the After due notice by publication in the abandonments hereinafter permitted and Natural Gas Act for the unauthorized FEDERAL REGISTER, no petition to inter- approved should be terminated or that commencement of any sales of natural vene, notice of intervention, or protest the orders issuing said certificates should gas subject to said certificates. to the granting of the applications has be amended by deleting therefrom au- (D) The orders issuing certificates of been filed. thorization to sell natural gas from the public convenience and necessity in Doc- At a bearing held on January 13, 1972, subject acreage. kets Nos. G-7637, G-11832, G-11863, the Commission on its own motion re- (9) The certificate application pend- CI61-459, CI62-569, CI64-1173, C165- ceived and made a part of the record in ing in Docket No. C169-564 is moot. 1008, and C167-824 are amended by this proceeding all evidence, including (10) Applicant in Docket No. CI71- adding thereto or deleting therefrom au- the applications and petitions, as sup- 692 has collected no money subject to thorization to sell natural gas as more plemented and amended, and- exhibits refund in Docket No. RI1-485. fully described in the applications and in thereto, submitted in support of the au- (11) It is necessary and appropriate in the tabulation herein. l all other re- thorizations sought herein, and upon carrying out the provisions of the Natu- spects said orders shall remain in full consideration of the record. ral Gas Act that Union Texas Petroleum, force and effect. The Commission finds: a division of Allied Chemical Corp. et al., (E) The order Issuing a certificate of (1) Each applicant herein is a "na- should be made a co-respondent in the public convenience and necessity in tural-gas company" within the meaning proceeding pending in Docket No. R171- Docket No. G-10786 is amended by sub- of the -Natural Gas Act as heretofore 694, and that said proceeding should be stituting the successor in interest as cer- found by the Commision or will be en- redesignated accordingly. tificate holder as more fully described in -gaged in the sale of natural gas in inter- (12) It is necessary and appropriate the application and in the tabulation state commerce for resale for ultimate in carrying out the provisions of the herein. In all other respects said order public consumption, subject to the juris- Natural Gas Act that the FPC gas rate shal remain in full force and effect. diction of the Commission. and will, schedules and supplements related to (P) The order issuing a certificate of therefore, be a "natural-gas company" the authorizations hereinafter granted public convenience and necessity .in within the meaning of the Natural Gas should be accepted for filing. Docket No. G-7637 is amended by de- Act upon the commencement of service (13) In view of all the facts and cir- leting therefrom authorization to sell under the authorizations, hereinafter cumstances in these cases, the Commis- natural gas assigned to applicant in granted. sion's action herein is consistent with Docket No. CI71-860. (2) The sales of natural gas herein- the Economic Stabilization Act of 1970, (G) The certificate of public con- before described, as more fully described as amended, and regulations existing venience and necessity and certificate in the applications in this proceeding, thereunder. authorization granted in Docket No. will be made in interstate commerce sub- The Commission orders: C171-847 is subject to the Commission's

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES findings and order accompanying Opin- ing on the condition that the provisions (P) -Permission for and approval of ion No. 586. If the quality of the gas of said agreement relating to the area the abandonment of service by appli- deviates at any time from the quality rate shall be interpreted as being con- cants, as hereinbefore de.,crlbed and a standards set forth in § 154.106(d) of the sistent with the provisions of § 154.93 more fully described in the application, regulations under the Natural Gas Act (b-1) of the regulations under the arid tabulations, are granted. so as to require a downward adjustment Natural Gas Act and that said provisions (Q) The certificate application pend- of the existing rates, notices of changes shall -apply only upon Commission ap- ing in Docket No. CI69-50-1 Is dismissed, in rate shall be filed pursuant to section proval of a just and reasonable rate or a the temporary certificate Issued In said 4 of the Natural Gas Act: Provided, how- settlement rate in an applicable area rate docket is terminated, and the related ever, That adjustments reflecting proceeding for gas of comparable quality FPC gas rate schedule Is canceled. changes in B.t.u. content of the gas shall and vintage. The agreement is accepted (R) The rate schedules and rate be computed by the applicable formula only insofar as it pertains to the reserves schedule supplements related to the aU- and charged without the filing of notices specified therein and the related pro- thorizations granted herein are accepted of changes in rate. posed increases are limited to gas pro- for filing or are redesignated, all as sewt (H) Within 90 days from the date of duced from such reserves. This accept- forth in the tabulation herein. this order, applicant in Docket No. Ci71- ance of subject agreement does not con- 847 shall file three copies of a rate stitute any authorization to abandon any By the Commission. schedule-quality statement in the form acreage covered by the original contract [SEAL] IQN rETH . PLUMI!, prescribed in Opinion No. 586. which is not covered by such agreement. Secretary. (I) Union Texas Petroleum, a division of Allied Chemical Corp. et al., is made FPO gas rate schedule I a correspondent in the proceeding pend- Docket No, and Applicant Purchaser and location ing in Docket No. R171-694 and said pro- date filed DCerlptlon and date of No, suppt ceeding be redesignated accordingly. document Union Texas shall comply with the re- 0-10786 2...... Car-Tex Producing Co., Arkanas Lou lana Gas Macwelt Herring, DrIlling (1 funding procedure required by the Nat- E -"-71 agent (Operator) _Co., locker Field, Corp. naent (Oprator) ural Gas Act and § 154.102 of the regu- et al. Ilarryson County, Tex. ot al FPO 0ai Rate Schedule No. 1 and ii 1- lations thereunder. Supplement Nos. 1-0 (J) Applicant in Docket No. G-11863 thereto. Notice of succ.Ai.n 5-31------is not relieved of any refund obligations 71. in Dockets Nos. R169-347 and RI71-644 3 (EfffeetivoA, ,.lgnment date:-- 5-713-31-72) ...... 0 7 as a result of the deletion of acreage au- G -11832 4 _. _ Amoco Prdue'lon Co.- Northern Natural Gas Notice of partial caweell.- 19.3 21 thorized herein. D 5-20-71 Co. Shapley (Morroew) tion 8 r,1s71. (K) Applicant in Docket No. C171-781 Field, Hansford (Effective dote dato of ...... County, Tox. this order.) Is not relieved of any refund obligations G-11843 I -. . Mobile Oil Corp. Lone Star Gas Co., Notice of partlal (anel. 9 13 in Dockets Nos. R165-475 and R168-693 D 4-14-71 (Operator) ot al. Graham Area, Carter tion 84-13-71. County, Okla. (Effective duie: date of as a result of the abandonment permit- this order.) ted and approved in Docket No. CI71-781. C161-459 -.-----Texaco, Inc ------Natural Gas Pipeline Co. Agreement G1-1-71 ...... 220 11 (L) The proceeding in Docket No. D 4-5-71 of America, Weit (Effective date: d to of ...... Panhandle Field, thhs order.) R171-485 is terminated. Applicant in Carson County, Te'. Docket No. CI71-692 is not relieved of C162-5 4...... do ...... Oklahoma Natural Gas Agrcement C3-1-71 ...... 2Z3 D 5-4-71. Gathering Corp, and (Effectlvo date: date of ...... any refund obligations in Dockets Nos. Pioneer Gas Products this order.) RI70-755 and RI70-1112 as a result of Co., Rlngwood Field, the abandonment permitted and ap- Major County, Okla. CI1-1173 I.... Petro Dynamics, Inc. Northern Natural Gas Agreement c 3-1-71 ...... 21 13 proved in Docket No. 0171-692. D 41-16-71 (Operator) et ah. Co., Walkemoyer Field, (Effective dte: dito of ...... (M) Applicant in Docket No. C171-798 Stevens County, Kans. this order)...... CI65-1003 .. Shell Oil Co ------Panhandle Eastern Pipe Aslgnment 7 . 317 7 shall charge and collect the rate of 19 B 1-26-70 D Line Co, Northwest Amendment 0 _.... 317 At cents per Mcf at 14.65 p.s.i.a. subject to Oakdale ield, Wood; (Effective dit.: dito of ...... County, Okla. ti oruer). refund in Docket No. R171-694 for gas ...... 291 1 C167-821 ...... - Cities Service Oil Co .... Consolidated Gas SupplY "A7ilmnmont(Efffetivo dutb: 0 11-1-70 1l- 1-h0)...... discovered prior to September 28, 1960; D 6-10-71 Corp., acreage in Jeffer- 21 cents per Mcf at 14.65 p.si.a. subject to son County, Pa. CI6',504 ...... Texaco, Inc ------Tennessee Gas Pipeline Notice of cancellation t 423 2 refund in Docket 'No. R171-694, for gas B 6-1-71 Co Fisherman s nay r-26-71. discovered between September 28, 1960, Field, Lafoureho ParLh, (Effective dito: diao of ...... La. this order). and June 17, 1970; and 11.0399 cents per C171-692 It-- Sun Oil Co ------Natural Gas Pipeline Co. Notice of eancllatlon 0 470 C Mcf at 14.65 p.s.i.a. until August 20, 1971, B 3-22-71 of America, Ernest F. 3-10-71. MeGauhov Unit, Wise (Effective dto: d!o of ...... when a rate of 25 cents per Mcf at 14.65 County, Tex. this order). p.s.i.a. will be effective subject to refund C171-695 1 ...... Gulf Oil Corp------Phillips Petroleum Co., Notice of eane.llation 6 303 2 for gas produced B 3-20-71 Texas Hugoton Field, 3-21-71. in Docket No. R171-694 Hansford County, (Effective date: dato of ...... from the reservoirs discovered after Tex. this order). June 17, 1970. C171-776 ------Jerome P. McHugh- El Paso Natural Gas Co., Contract 13It 3-M-71 .... t1...... A 4-19-71 Pictured Cliffs Field, Letter agreement 11Is it 1 (N) The certificates granted in Doe- San Juan County, 3-19--71. kets Nos. CI71-798 and C171-860 are sub- N. Alex. (Effective date: dato of ...... Initial delivery). "ject to the Commission's findings and C171-781 1%.--- Shell Oil Co------Lone Star Gas Co.. Notice of cancellation S 2-' order accompanying Opinion No. 595 B 4-27-71. Manzlel Field, Wood 4-23-71. County, Tex. (Effective date: dt0 of ...... and alhy further orders which may be thL order). issued in Docket No. AR64-2 et al. Appli- ('171-782 r- Robert Cargill Texas Eastern Trans. Notice of cancellation 8 5 3 in said docket shall file three copies B 4-20-71 (Operator) t al. mission Corp., Tatum undated. cants Field Rusk and (Effectivo dite: d to of ...... of a rate schedule-quality statement as Panola Counties, Tex. this order). specified by Opinion No. 595. Filing code: A-Initial service. (0) The agreement dated January 1, B-Abandonment. 0-Amendment to add acreage. 1971, and designated as Supplement No. D-Amendment to delete acreage. 10 to Union Texas Petroleum, a division E-Successlon. F-Partial succession. of Allied Chemical Corp. et al., FPC Gas Rate Schedule No. 104 is accepted for fll- See footnotes at end of table.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2611

11, 1972, file with FP0 gas rat rLcdulo on or before February Docket No. and Applicant Purchaser and location the Federal Power Commission, Wash- date filed Dcscrption and date of No. Supp. Ington D.C. 20426, a petition to inter- dosemcnt vene or a protest in accordance. with the requirements -of the Commission's C I -17,1ii .....-Union T exas P etro- Transcontinental Gas Contmt 11-- ..... 1Ot ...... rules of practice and procedure (18 CFR 04-28-7111 leum a division of Pipe Line Corp.,Bee West Letter areement lo-t-ti101 1 Allie& Chemical Tuleta Fleld, Lctter crcenti4-1- . t 2 1.8 or 1.10). All protestz filed with the Corp. et al.- County, Tex. Letter agreement 4-10-a1 10t 3 Commission will be considered by it in Letter cgreenct 0-._-1 10t 4 Letter egretnnt 1-l2- 101ot 5 determining the appropriate action to A rcemcnt 1-1-6 ...... lot 0 be taken but will not serve to make the Letter rrmecmnent 1-31-C3.. 10t 8 protestants partie3 to the proceeding. A greem ent 4-3-63 ...... 10t 9 Any person wishing to become a party A re t -1-71...... 10t 10 (Effecf vondatf5.-?.T7 to a proceeding or to participate as a CII1-636 " - r--ake L. Hamon---Panhandle Eastern Pipe Notic fcancellation C 42 party in any hearing therein must file B 5-21-71 ine Co., Tanger Area, r-17-71.' Woodward County, (Effretive date: date f . a petition to intervene in accordance 0ka. this ordcr). with the Commison's rules. CI71------Ashleid 0i, Inc ----- Texas Gas Transission Contrat...... Z ...... Take further notice that, pursuant to A 5-21-71 Corp., West lildland (Effective date: date of ...... Field, Hopkins and initial dlivcry). the authority contained in and subject Muhlenbcrg Counties, to the Jurisdiction conferred upon the Ky. CI-47.... Cities Service Oi Co-... Colorado Interstate Gas Contr-act 1-M.-ri ...... 13 Federal Power Commission by sections 7 5-24.7 1 Co n division ofCol (No .pcdfl effective ...... and 15 of the Natural Gas Act and the Grad4oIntertato Carp., date). Evans No. I UnIt. CommLssions rules of practice and pro- Beaver County, Okla. cedure, a hearing will be held without 0r71--60 --_ Texas Oil& Gas Corp--- Tennessee Gas Pipeline Contract 10-1-5 ...... I..... further notice before the Commission on F 6--71 Co., a dlvLsion ofTen. Agrncmnt2-7-. . SI_ 1 neco Inc., North LoulI Lrtter czrecinent C-5 . 2 2 this application if no petition to inter- Field, Wharton County, A..lgnmncnt : 1 - 2 S.2 3 vene Is filed within the time required Tex. Amcndmcunt2-0L___ 2 4 (Effective date: 34-e) ...... herein, If the Commission on its own re- A.lgnmnti5-f 71 82 5 view of the matter findcs that a grant of Assignment3 -12-7.. E 0 the certificate is required by the public - convenience and necessity. If a petition 3 Where no effective date is shown the rate schedule filing has heretofore becn accepted. for leave to intervene is timely filed, or 2Applicant proposes to continue the sales authorized in Dochet No. G-I0xoto In zmnd, pusuant to Ma.xell Herring Drilling orp. (Operator) etaL., FPC Gas Rate Schedal No. 1. if the Commission on its own motion 3From4 Maxwell Herring Drilling Corp. to Saints It. Noonan, owner ctiCar-Tex Produdca Co. believes that a formal hearing is required, Application to amend to delete acreage. 5Includes buyers coneurrene. further notice of such hearing win be 'Between applicant and buyer deleting expired and relea ed leases from the cntract .duly given. I Assigns nproductive acreage to JessHarris, Jr. Harris in turn as-,ujed same to Internatlnoal Nu:!car Cerp. Under the procedure 'Who does not intend to file. herein provided ' No deletion filingmade or necessary. 18 CPR 2.0L for, unless otherwise advised, it will be 'Conveys interest to J & J Enterprises, Inc.,which was granted small prodeeruputhorliltlon puarant to Ord r unnecesary for applicants to appear or No. 41L I Application for permission to abandon the -ale authorized under temporary certificate Leed in Dc.ket No. be represented at the hearing. 0169-564. U Application for permission to abandon the sale authorized in Dcket No. C10-.97. KmNr= F. PZUsra, iiApplication for permission to abandon the -ale authorized In Docket No. CIG-379. Secretary. iFor gas produced from wells down to and through the Pictured C=lif Formation. U'Heretofore accepted for filing. [IFR, Dc.72-1052 Filed 2-2-'72;8:51 am] 15Changes delivery pressure from 250 ps.Lg. to 500 ps.Lg. and increzses contrct price from 13 ccnts to 14 cunt

" Application for permission to abandon the sale authorlrcd In Dockt No.01I0-251. reirI nt ro e t n ae ly c o ve r e d b y A pp lic an t is fi ing o n be o itsf andt To e a P a O c o vert FEDERAL RESERVE SYSTEM 5 Applicnfprissno a an thesle autrze in Docet016,04 cn No. G-o., put CHEMICAL NEW YORK CORP. to Mpn tCO. igs n tesme0 o.br t5. Order Approving Acquisition of Bank 2 From Charles H. Osmond Ltd. to Texas Oil & Gas Corp. Assigns acreage from Mobil Oil Corp. to Toyah Corp. to n depth of5,W) fet Chemical New York Corp., New York, "Asigns acreage from Toyah Corp. to Texas Oil& Gas Corp. to a d.pth 0t ,VY fe.h N.Y., a bank holding company within the [FR Doc.72-1465 Filed 2-2-72.8:45 am] meaning of the Bank Holding Company Act, has applied for the Board's approval under section 3(a) (3) of the Act (12 [Docket No. C172-4641] Applicants state that they commenced U.S.C. 1842(a)(3)) to acquire 100 per- RUSSELL SCOTT, JR., ET AL. the sale of natural gas to United on De- cent of the voting shares (less directors' cember 22, 1971, within the contempla- qualifying shares) of the successor by Notice of Application tion of § 157.29 of the regulations under merger to the Eastern National Bank of the Natural Gas Act (18 CFR 157.29) and Long Island, Smithtown, N.Y. (Bank). -EBRUAY 1, 1972. that they propose to continue said sile The bank into which Bank is to be Take notice that on January 27, 1972, commencing at the end of the 60-day merged has no significance except as a Russell Scott, Jr., et al. (applicants), 500 emergency period until July 1, 1972, at means to facilitate the acquisition of the Jefferson Building, Houston, TX 77002, the rate of 35 cents per Mcf at 15.025 voting shares of Bank. Accordingly, the filed in Docket No. CT72-464 an applica- p.sl.a. within the contemplation of proposed acquisition of the shares of the tion pursuant to section 7(c) of the § 2.70 of the Commission's general policy successor organization is treated herein Natural Gas Act for a certificate of pub- and interpretations. The estimated as the proposed acquisition of the shares lic convenience and necessity authoriz- monthly sales volume is 360,000 Mcf of of Bank. ing the sale for resale and delivery of gas. Notice of receipt of the application has natural gas in interstate commerce to It appears reasonable and consistent been given in accordance with section United Gas Pipe Line Co. (United) from with the public interest in this case to 3(b) of the Act, and the time for filing the West Deer Island Area, Terrebonne prescribe a period shorter than 15 days comments and views has expired. The Parish, La., all as more fully set forth In for the filing of protests and petitions to Board has considered the application and the application which is on file with the intervene. Therefore, any person desir- all comments received in the light of the Commission and open to public inspec- ing to be heard or to make any protest factors set forth in section 3(c) of the tion. with reference to said application should Act (12 U.S.C. 1842(c)) and finds that:

FEDERAL REGISTER, VOL. 37, NO. 23--HURSDAY, FEBRUARY 3, 1972 NOTICES

Applicant, the fourth largest banking branches by Bank as contemplated by Co. (Orlando Bank), is located 4 mile,, organization in New York, controls two applicant would, as pointed out above, from the proposed site of Bank, Orlando banks with total domestic deposits of be procompetitive. Bank originates only a small percentage $7.64 billion, representing 8.7 percent of The financial and managerial resources of its deposits and loans within Bani:'s the State's total commercial deposits. of applicant and Bank are gefierally proposed service area. Moreover, appli- (All banking data are as of December 31, satisfactory and consistent with ap- cant does not have a dominant position 1970, adjusted to reflect holding company proval. Applicant proposes to offer, in the Orlando area, Accordingly, the formations and acquisitions to date.) through Bank, trust and investment Board concludes that consummation of Upon acquisition of Bank ($52.2 million advisory services and lower rates on in- the proposed acquisition would not ad- deposits), applicant would not increase stallment loans, thereby providing an- versely affect competition in any rele- its share of deposits in the State, nor its other competitive alternative for vant area. present ranking. expanded banking services. Accordingly, The financial and managerial re- Bank operates its main office and three considerations relating to convenience sources and future prospects of appli- branches in the Smithtown banking mar- and needs of the community lend some cant, its subsidiary banks, and Bank are ket, and two branches in the Huntington weight toward approval. It is the Board's regarded as satisfactory. Considerations banking market. It is the second largest 'judgment that the proposed transaction relating to the convenience and needs of banking organization in the Smithtown would be in the public interest and that the community lend weight in favor of market, with 15.3 percent of the deposits the application should be approved. approval since Bank is to be established in that market, and the fourth largest On the basis of the record, the appli- in one of the fastest growing areas in banking organization in the Huntington cation is approved for the reasons sum- Florida and will provide an additional market, controlling 2 percent of market marized above.2 The transaction shall source of services to customers In or near deposits.1 Applicant's subsidiary office not be consummated (a) before the 30th the Disney World complex. It Is the closest to Bank is located 5.5 miles west calendar day following the date of this Board's judgment that the proposed ac- of Bank's Huntington branch in Nassau order or (b) later than 3 months after quisition would be in the public Interest County, a separate banking market, into the date of this order, unless such period and that the application should be which applicant's bank is presently pro- is extended for good cause by the Board, approved. hibited from branching. Although appli- or by the Federal Reserve Bank of New On the basis of the record, the appli- cant's subsidiary branch derives some York pursuant to delegated authority. cation is approved for the reasons sum- banking business from Bank's service By order of the Board of Governors,- marized above. The transaction shall not area, existing competition is nominal and be consummated (a) before the 30th there are two banking offices in the in- January 27, 1972. calendar day following the date of this tervening area. Consummation of the [SEAL] TYNAN SMITH, order or (b) later than 3 months after proposal would thus eliminate only a Secretary of the Board. the date of this order, and provided fur- small amount of existing competition and [FR Doc.72-1583 Filed 2-2-72;8:47 am] ther that (c) The Orlando National would not adversely affect any compet- Bank-West shall be open for businc,:s ing bank in any relevant area. not later than 6 months after the date of Some potential competition between FIRST FLORIDA BANCORP. this order. The periods described in (b) applicant and Bank would be foreclosed and (c) hereof may be extended for good upon consummation of the proposal since Order Approving Acquisition of Bank cause by the Board, or by the Federal applicant could enter Bank's markets First Florida Bancorporation, Tampa, Reserve Bank of Atlanta pursuant to de novo or through acquisition of a Fla., a bank holding company within the delegated authority. smaller bank. The effect of the elimina- meaning of the :Bank Holding Company By order of the Board of Governorj, tion of this competition would appear to Act, has applied for the Board's approval January 27, 1972. be minimal, however, in light of the under section 3(a) (3) of the Act (12 large number of potential entrants to the U.S.C. 1842(a) (3)) to acquire 90 percent ESEALI TYNAN SMITH, market. Additionally, within Bank's or more of the voting shares of The Secretary of the Board. market hrea there are 75 offices of 14 Orlando National Bank-West, Orlando, IFR Doe.72-1684 Filed 2-2-72;8:47 am] banks. Within the county there were, at Fla. (Bank), a proposed new bank. year end 1970, 23 banks with 186 offices. Notice of receipt of the application has Forty-seven percent of .these offices rep- been given in accordance with section INDUSTRIAL NATIONAL CORP. resented only three commercial banks. 3(b) of the Act, and the time for filing Order Approving Acquisition of Applicant's acquisition of Bank, and comments and views has expired. The Bank's expected expansion through de Board has considered the application Ambassador Factors Corporation novo branching would provide additional and all comments received in the light of Industrial National Corp., Providence, competition for these three dominant the factors set forth in section 3 (c) of the R.I. (Applicant), a bank holding com- banks and have a procompetitive effect Act (12 tf.S.C. 1842(c) ) and finds that: pany within the meaning of the Bank in the market. Applicant has 22 subsidiary banks with Holding Company Act of 1956, as Applicant is paying a relatively small aggregate deposits of approximately $445 amended, has applied for the Board's ap- premium for Bank based upon market million, representing 3 percent of the proval under section 4(c) (8) of the Act values of applicant's and Bank's stock. commercial bank deposits in Florida. and § 225.4(b) (2) of the Board's Regu- Based upon book value the premium is (Banking data are as of June 30, 1971.) lation Y, to acquire 100 percent of the substantial. However, applicant does not Approval of the acquisition of Bank voting shares of Ambassador Factora appear to be paying for the purchase of would not presently increase Applicant's Corp., New York, N.Y. (Ambassador) into monopoly power. While it is true that deposits since Bank is a proposed new which its affiliates Belvedere Factors applicant could enter de novo, if it were bank. Although one of applicant's sub- Corp. and Ambassador Leasing Corp., to do so it would be prohibited by New sidiaries, The Orlando Bank and Trust will be merged prior to the acquisition. York State law from opening a new Notice of the application affording op- branch in the year of charter and then portunity for interested persons to sub- limited to two branches a year until 1976. Dissenting Statement of Governors Rob- Such restrictions would limit applicant's ertson and Brimmer filed as part of the mit comments and views was duly pub- original document. Copies available upon re- lished. The competitive effectiveness in the market quest to the Board of Governors of the Fed- time for filing comments and and the "premium" appears to reflect eral Reserve System, Washington, D.C. 20551, views has expired and all those received the worth to applicant of establishing or to the Federal Reserve Bank of New York. have been considered, including those such competitive effectiveness at an 3Voting for this action: Chairman Burns earlier date. The establishment of and Governors Mitchell, Daane, and Maisel. Voting against this action: Governors Rob- 'Voting Tor this action: Chairman Burns ertson and Brimmer. Governor Sheehan did and Governors Robertson, Daano, Maiscl, and Banking data relating to market position not participate in the Board's action on this Brimmer. Absent and not voting: Governors are as of June 30, 1970. matter. Mitchell and Sheehan.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2613 I presented orally bnd in vriting in con- sador and its affiliates in the commercial 94133, for a research project entitled nection with a Board hearing on Novem- finance field. Each derives less than 1 "Study of Selected Prisoner Education ber 12, 1971, pertaining to factoring in percent of its volume from the service Programs." The purpose of the study is general. area of the other. Due to geographical to determine the impact of prisoner edu- The operation by a bank holding com- separation and the large number of com- cation programs and their effect upon. pany of a cominercial finance company petitors in the field, significant competi- recidivism. The estimated cost of this and a factoring company are activities tion is unlikelk to develop. While Appli- contract is $172,052, and the intended that the Board has previously deter- cant presently has a subsidiary perform- completion date is January 2, 1973. mined to be closely related to the busi- ing data processing services, neither it ness of banking (12 CPR 225A(a) (1)). nor Ambassador Leasing Corp. do any Wzsr=nL.1Hzoruxvnc, The Board has also determined that data DeputyDirector, business in the service area of the other Office of Economic Opportunity. processing services for the internal stor- and are unlikely to compete in the future. ing and processing of banking, financial There is no evidence in the record indi- JAnuAnY 26,1972. or related economic data for members of cating that acquisition of Ambassador by IFH Dcc1.'2-iV5O Filed 2-2-'12;8:45 =] the holding company system are closely Applicant would result in any undue con- related to the business of banking (12 centration of resources, unfair competi- CFR 225.4(a) (8)). Such a data proces- tion, conflicts of interest, unsound bank- sing subsidiary may also perform inci- ing practices, or other adverse effects dental activities such as selling excess on the public interest. OFFICE OF EMERGENCY computer time so long as its only involve- The majority of Ambassador's clients ment is furnishing the facility and the are now headquartered in New York City PREPAREDNESS necessary operating personnel (12 CFR and acquisition of Ambassador by Appli- ALBERT D. O'CONNOR 225.123). A bank holding company may cant will likely result in a wider avail- engage in the above activities so long as ability of factoring services in Rhode Appointment as Federal the activities of the institution proposed Island. Additionally, it has become In- Coordinating Officer to be acquired are not conducted in a creasingly difficult in recent years for manner inconsistent with the limitations factors to find sufficient financing to ex- Notice Is hereby given that pursuant the Board has established pursuant to pand. Affiliation with Applicant would to the authority vested in me by the section 4(c) (8) of the Act. assure Ambassador of a source of such President under Executive Order 11575, It appears that Ambassador engages in funds. December 31,1970 (36 FR. 37, January 5, factoring and commercial finance; its Based upon the foregoing and other 1971) to administer the Disaster Relief affiliate Belvedere Factors Corp. engages considerations reflected in the record, Act of 1970 (Public Law 91-606, 84 Stat. in commercial finance; and Ambassador the Board has determined that the bal- 1744), I hereby appoint Albert D. O'eon- Leasing Corp. provides data processing ance of the public interest factors the nor as Federal Coordinating Officer to services for Ambassador and sells excess Board is required to consider under sec- perform the duties specified by section computer time to Ambassador's cus- tion 4(c) (8) is favorable, and lends 201 of that Act for Puerto Rico disaster tomers within the limitations of 12 CFR weight toward approval. Accordingly, the No. 296 with date of declaration, October 225.123. Accordingly, the activties of Am- application is hereby approved. This 12, 1970, to be effective January 1, 1972. bassador and its affiliates are closely determination is subject to the Board's This notice changes my designationrof related to banking. authority to require reports by, and make October 19, 1970 (35 P.R. 16556, October Applicant, the parent holding com- examinations of, holding companies and 23, 1970) with respect to the same disas- pany of Industrial National Bank of their subsidiaries and to require such ter listed, naming George A. Flowers as Rhode Island, has consolidated assets of modification or termination of the activ- Federal Coordinating Officer. $1.074 billion, including Bank's total as- ities of a holding company or any of Its Dated: January 26, 1972. sets of $1.029 billion. (Banking data are subsidiaries as the Board finds necessary as of June 30, 1971.) Bank is the-largest to assure compliance with the provisions G. A. Lncorx, banking organization in Rhode Island, and purposes of the Act and the Board's Director, with 51.2 percent of the commercial bank regulations and orders issued thereunder, Offlce of Emergency Preparedness. deposits in the State. or to prevent evasion thereof. jpa Dc.'12-1551 Filed 2-2-72;8:45 am] Ambassador and its affiliates are lo- By order of the Board of Governors,' cated in New York City. In 1970, Anmbas- sador had a factoring volume of approxi- January 27, 1972. ALBERT D. O'CONNOR mately $110 million with 79 percent of [SEAL] TnAn' Sm=u , its customers being headquartered in Secretary of the Board. Appointment as Federal Coordinating Officer New York City. Ambassador is the 23d IFR Doc.72-1585 Fled 2-2-72;8:47 wm] largest of the 26 factors that compete in Notice Is hereby given that pursuant national markets and its factoring vol- to the authority vested in me by the ume was 1 percent of the total com- President under Executive Order 11575, mercial factored volume for those 26 OFFICE OF ECONOMIC December 31, 1970 (36 FR. 37, January factors. Belvedere Factors Corp. is a 5,1971) to administer the Disaster Relief small competitor in the commercial fli- Act of 1970 (Public Lavw 91-605, 84 Stat. nance field, having an annual business OPPORTUNITY 1744), I hereby appoint Albert D. O'Con- volume of $1.2 million. Ambassador Leas- [B2C53221 nor as Federal Coordinating Officer to ing Corp. had an annual business volume MARSHALL KAPLAN, GANS, AND perform the duties specified by section from its data processing activities of only 201 of that Act for Virgin Islands disas- $47,000. KALIN ter No. 298 with date of declaration, Oc- Neither Applicant nor any of its sub- Notice of Contract Award tober 17, 1970, to be effective January 1, sidiaries engages in factoring, and con- 1972. summation of the proposal would there- Pursuant to section 606 of the Eco- This notice changes my designation of fore eliminate no existing competition nomic Opportunity Act of 1964, as September 13, 1971 (36 FR. 18606, Sep- in the factoring field. It appears unlikely amended, 42 U.S.C. 2946, this agency an- tember 17,1971) withrespectto thesame that competition in this area would arise nounces the award of Contract B2C5322 disaster listed, naming George A. Flowers between Applicant and Ambassador. as Federal Coordinating Officer. Factoring is characterized by relatively to AMarshall Kaplan, Gans, and Kalin, high entry barriers due to the high de- 426 Pacific Avenue, San Francisco, CA Dated: January 26, 1972. gree of expertise in the client's industry G. A. Lm;cozw, which is required and de novo entry in 'Voting for this action: Chairman Burns Director, the field has been extremely limited. and Governors 111tchell, Dsane, MaLrce0, Office of Emergency Preparedness. There is no significant existing com- BrImmer, and Sheehan. Abzent and not vot- petition between Applicant and Ambas- ing: Governor Robertzon. [FR Do.72-1562 Filed 2-2-72;8:45 am]

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES

Securities Act of 1933, which was York, NY 10017, registered under the SECURITIES AND EXCHANGE withdrawn. Investment Company Act of 1910 tAet,) B. The underwriter has failed to co- as an open-end diversified manage- operate with and obstructed members of ment investment company, has filed an COMMISSION the staff of the Commission in the con- application pursuant to section 8(f) of (File No. 0-16021 duct of an investigation relating to the the Act for an order of the Commls,

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2615

IFile No. 24NY-7150] Notice Is hereby given that any person . Branch Manager, Marquette, Mich Branch Office, $100.000. WALTON-RICHARDSON CO. having any interest in the matter may file with the Secretary of the Commission Part ] Section A, paragraph 3b, is re- --Order Temporarily Suspending Ex- a written request for a bearing within vised to read as follows: emption, Statement-of Reasons, and 30 days after the entry of this order; b. To approve or decline displaced that within 20 days after receipt of such Notice of Opportunity for Hearing business loans, coal mine health and request the Commission will, or at any Safety loans, consumer protection loans JANUARY 26, 1972. time upon its own motion may, set the (meat, e.g, poultry), and economic I. Walton-Richardson Co., is a Dela- matter down for a hearing at a place to injury disaster loans in connection with' ware corporation located at 11 Commerce be designated by the Commission for the declarations iiade by the Secretary of Street, Newark, NJ. On June 26, 1970, it purpose of determining whether this Agriculture for natural disasters up to fied a notification in the New York re- order of suspension should be vacated or the following amounts (SBA share): made 'permanent, gional office pursuant to Regulation A without prejudice, (1) Regional Supervisory Loan Officer. in connection with a proposed offering however, to the.consideratlon and pres- $50,000. of 150,000 shares of its $0.01 par value entation of additional matters at the (2) District Director, $3Z0,000. common stock at $2 per share. The offer- hearifig; and that notice of the time and (3) Chief, DL-trict Financing Division. ing was to be conducted by Charisma place for the said hearing will be $350,000. Securities Corp. (Charisma) as under- promptly given by the Commission. If no (4) DLtrict Supervisry Loan Officer Tos writer. The offering commenced on Sep- hearing is requested and none is ordered Angece3 DL-trict Office, $50,000. by the Commission, the order shall be- (6) Branch Manager, Fairban, AMask, tember 29, 1970. Branch Office, 350,000. The offering circular provided that the come permanent on the 30th day after (6)Branch Manager, Gulfport. MLsZ., shares would be offered on a "50,000 share its entry and shall remain n effect unless Branch Ofce, tO350,00. all-nr-none" basis. If the minimum num- it is modified or vacated by the (7) Branch Manager, Springfield, MlL, ber of shares was not sold within 120 Commission. Branch Office. $100,000. days from the effective date, all funds By the Commission. (8) Branch Manager, Cincinnati, Ohio, were to be returned to subscribers. Branch Office, $100,000. According to the offering circular the [sEALx] RonALD F. HuNT, (9) Branch Manager, Buffalo, N.M. Brazieh Secretary. Oice,$50,000. company was to engage in the manufac- (10) Branch Manager, Marquette, M ch., ture, marketing and distribution of per- IFR Doc.72-1599 Filed 2-2-72;8:49 al1 Branch Office, $100,000. fumes, cosmetics, toiletries, and allied (11) Branch Manager, Milwaukee, Wise., products. Branch Olce, $100,000. ,1. The Commission, on the basis of Effective date: January 3, 1972. information reported to its staff, has rea- SMALL BUSINESS sonable cause to believe that: Too0 s S. KLEPPE, A. The notification and offering cir- ADMINISTRATION Administrator. cular. contain untrue statements of ma- [Delegation of Authority No. 30 (Rev. 13), [FI Doc.72-1504 Filed 2-2-72;8:45 =m1 terial facts, with respect to the following: Amdt. 9] The offering circular is materially false and misleading in that the issuer and SUPERVISORY LOAN OFFICER, LOS underwriter failed to conduct the offer- ANGELES DISTRICT OFFICE ing in accordance with the terms set TARIFF COMMISSION forth therein. More particularly the min- Delegation of Authority To Conduct [337-L-44) imum number of shares required to be Program Activities in the Field Offices sold within a 120-day designated period COLD-FORMED MOUNTS FOR was never reached yet funds in the Delegation of Authority No. 30 (QRevi- SEMICONDUCTORS sion 13), 36 F.R. 5881), as amended (36 amount of at least $7,650 were never re- Notice of Dismissal of Preliminary turned to subscribers as conditioned in F.R. '7652, 36 F.R. 11129, 36 P.R. 13713, the offering circular. 36 F.R. 14712, 36 FR. 15769, 36 FR. Inquiry o B. The use of the offering circular by 22876, 36 P.R. 23421, and 36 P.R. 25194) On the basis of the submissions made the issuer and underwriter operated as is hereby further amended to delegate to to the Commislon by interested parties, a fraud and deceit upon purchasers of the Supervisory Loan Officer, Los Angeles the Tariff Commission on January- 19, the securities in violation of section 17(a) District Office, certain loan approval 1972, fissed preliminary inquiry 337- of the Securities Act of 1933, as amended. authority. L-44 without a determination on its More particularly, although the offering Part 1, section A, paragraph 1 is revised merits. circular states that receipts from sub- to read as follows: scribers were to be deposited in a special PartI. Financingprogram-Scction A. Issued: January 28, 1972. counf, -no account for subscribers' Loan approval authority-1.SmaUl Busi- By order of the Commission. funds was ever opened. ness Act Section 7(a) Loans. To approve C. The terms and conditions of Regu- or decline business loans not exceeding [SEAL] KEsraZ R. lfASO:N, lation A have not been complied 'ith the following amounts (SBA share): Secretary. in that the issuer has failed to file a a. Regional Director, $350,000. IFR Doc.72-1593 Filed 2-2-72;8:48 am] Form 2-A report, required by .Rule 260, b. Chief and Amaistant Chief, R.elonal which became due on April 29, 1970. Financing Division, $350,000. M. It appearing to the Commission c. negional Supervizory Loan Officer, $50.000. that it is in the public interest and for d. District Director, M350,000. INTERSTATE COMMERCE the protection of investors that the ex- e. Chief, District Financing Division, emption of the issuer under Regulation $350,000. COMMISSION A be temporarily suspended. f. District Supervisory Loan Officer, Los it is ordered, Pursuant to Rule 261(a) Angeles District O3ice, $50,000. ASSIGNMENT OF HEARINGS of the General Rules and Regulations g. Branch Manager, Fairban x, Aloski, under the Securities Act of 1933, as Branch Office, $350,000. JAzzUAn 31, 1&72. amended, that the exemption of the IL Branch Manager, GulfportMlr ., Branch Cases assigned for hearing, postpone- issuer under Regulation A be, and hereby Office, $350,000. ment, cancellation, or oral argument ap- is, temporarily suspended. 1. Branch Manager, Cincinnati, Ohio, pear below and will be published only it is further ordered, Pursuant to Rule Branch Office, $100,000. once. This list contains prospective as.- 7 of the Conmission's rules of practice, J. Branch Manag r, Springfleld, 111., Branch signments only and does not include that the issuer file an answer to the al- Office, $100,000. cases previously assigned hearing dates. legations contained in this order within k. Branch Manager, Buffalo, N.Y. Branch The hearings will be on the issues as 30 days of the entry thereof. Office, $50,000. presently reflected in the Official Docket

FEDERAL REGISTER, VOL 37, NO, 23-THURSDAY, FEBRUARY 3, 1972 2616 NOTICES of the Commission. An attempt will be MC 135437 Sub 1, Tri-Northeastern Trans- unpacking, uncrated, and decontainerl- made to publish notices of cancellation port, Inc., now being assigned March 17, zation of such traffic. of hearings as promptly as possible, but 1972, at Buffalo, N.Y., in a hearing room interested parties -should take appropri- to be later designated. No. MC-FC-73422. By order of Janu- ate steps to Insure that they ary 27, 1972, the Motor Carrier Board are notified [SEAL] ROBERT L. OsWALD, approved the transfer to Fracon Truel:- of cancellation or postponements of Secretary. hearings in which they are interested. ing Co., Inc., Franklin Square, Long Yq- [FR Doc.72-1625 Filed 2-2-72;8:50 am] land, N.Y., of the operating rights In AO 1i7574 Subs 184 and 191, Daily Express, permit No. MC-133877 Issued Juno 19, 'Inc., assigned for hearing March 6, 1972, at 1970, to Conrad L. Habermann and New York, N.Y., will be held at the Hotel MOTOR CARRIER TRANSFER New Yorker, Eighth Avenue and 34th Frank J. Erikson, a partnership, doing Street. PROCEEDINGS businezs as Fracon Trucking Co,, Vraklt- MC 125433 Sub 30, F-B Truck Line Co., now [Notice 9] lin Square, Long Island, N.Y., authorlzil1i being asigned March 13, 1972, in Room the transportation of such commoditle.: 2330, Federal Building, 1961 Stout Street, JAO'uARY 31, 1972. as are dealt in by a wholezale drug com- Denver, CO. Synopses of orders entered pursuant pany, from the storage facilitie-s of 1\O 117574 Sub 204, Daily Express, now as- Rogers Wholesalers, Inc., at Jamaica, signed February 1, 1972, at Columbus, Ohio, to section 212(b) of the Interstate Com- canceled and application dismissed. merce Act, and rules and regulations pre- N.Y., to points in Bergen, Ese.%HucLon, MC 21060 Sub 8, Arrow Truck Lines, Inc., scribed thereunder (49 CFR Part 1132), iddlesex, Passaic, and Union Counties, assigned for continued hearing March 13, appear below: N.J.; and returned shipments of the 1972, at the Guest House Motor Inn, 951 As provided in the Commission's spe- above-described commodities, from the South Eighth Street, Birmingham, AL. cial rules of practice any interested above-described destination point-, to the M C 135141 Sub 1, H & H Expediting Service, person may file a petition seeking recon- storage facilities of Roger Wholesalers, Inc., now assigned February 9, 1972, at Washington, D.C., canceled and application sideration of the following numbered Inc., at Jamaica, N.Y. John L. Alfano, 2 disaissed. proceedings within 20 days from the date West 45th Street, New York, NY 10009, MTC-F-11305 Terminal Transport Co., Inc.- of publication of this notice. Pursuant attorney for applicants. Purchase (Portion) -Deaton, Inc., assigned to section 17(8) of the Interstate Com- [SEAL] ROaDET L, OSWALD, February 28, 1972, MC 73165 Sub 301, Eagle merce Act, the filing of such a petition Secretary. Motor Lines. Inc., assigned February 23, will postpone the effective date of the 1972, MC! 115691 Sub 20, Murphy Trans- order in that proceeding pending its dis- [FR Doc.72-1626 Flleotl 2-2--72;8:51 am] portation, Inc., assigned February 24, 1972, will be held in Room 214, Federal Build- position. The matters relied upon by peti- ing, Courthouse, 1800 Fifth Avenue North, tioners must be specified in their peti- [See. 5a Application No, 65, Amdt. 41 Birmingham, AL. tions with particularity. NATIONAL EQUIPMENT No. 8705 Passenger Fares Between Pennsyl- 1 vania and New Jersey, Investigation and No. MC-FC-72392.' By supplemental INTERCHANGE-AGREEMENT Suspension, now being assigned March 20, order of January 28,1972, the Motor Car- 1972, at the U.S. Customs Courtroom, Third rier Board approved the transfer to Order. At a session of the Interstate Floor, U.S. Customshouse, Second and Draper Trucking, Inc., Roanoke, Va., of Commerce Commission, Review Board Chestnut Streets, Philadelphia, PA. certificate No. MC-41875 (Sub-No. 10), No. 4, held at its office in Washington, No. IM-25444 General Increase, Eastern Cen- issued March 10, 1971, to Draper Con- tral Territory, Investigation and Suspen- D.C., on the 25th day of January 1972. sion, now being assigned March 21, 1972, struction Co., Inc., Roanoke, Va., au- It appearing, that with Its report of at the Officesof the Interstate Commerce thorizing the transportation of: Electric November 6, 1958, 305 I.C.C. 196, the Commission, Vashington, D.C. Controllers and instruments, requiring Commission, Division 2, Issued an order MC 5429 Air-Freight Trucking Service, Inc., special equipment or ipecial handling by approving the agreement filed in the MTC 66101 Sub 1, Aft Service, Inc., assigned reason of size or weight, and parts and February 10, 1972, at New York, N.Y., post- above-entitled proceeding under section attachments therefor, when moving in 5a of the Interstate Commerce Act, and poned indefinitely. connection therewith, from points in IT 135232 Crown Metal & Salvage Co., as- that revisions to the said agreement wero signed January 31, 1972, at Columbus, Roanoke County, Va., to points in the approved by subsequent orders of the Ohio, hearinZ not called and application United States except Alaska, Hawaii, Vir- Commission dated March 2, 1964, Au- dismissed. ginia, North Carolina, South Carolina, gust 31, 1965, and April 18, 1968; Georgia, Washington, Oregon, Cali- It further appearing, that the ap- [SEAL] ROBERT L. OSIVALD, fornia, Montana, Idaho, Utah, Nevada, Secretary. proved revised agreement in force and and Florida, as further restricted. Paul in effect is a single Instrument compris- [FR Doc.72-1624 Filed 2-2-72;8:50 am] F. Sullivan, 701 Washington Building, ing the bylaws of the Equipment Inter- Washington, D.C. 20005, attorney for change Association In which the mem- applicants. ASSIGNMENT OF HEARINGS bership is limited to qignatory common No. MC-FC-73382. By order of Janu- carriers of property by motor, rail, and JANUARY 31, 1972. ary 28, 1972, the Motor Carrier Board water subject to the Interstate Com- Cases assigned for hearing, postpone- approved the transfer to East Lansing merce Act and regulation of this Com- ment, cancellation, or oral argument ap- Moving and Storage, Inc., 823 East mission, and which sets forth tho or- pear below and will be published only Kalamazoo, Lansing, An 48912, of the ganization and procedures between and once. This list contains prospective as- operating rights in certificate No. MC- among the member carriers for the Joint signments only and does not include 126769 issued February 19, 1970, to Stas- consideration, initiation, or eAtabl! Al- cases previously assigned hearing dates. zuk's Able Van Lines, 825 East Kalama- ment of the rate of compensation pay- The hearings will be on the issues as zoo, Lansing, MVIi48912, authorizing the able to the owner for the us of equip- presently reflected in the Official Docket transportation of used household goods, ment, as defined therein, in carrier inter- of the Commission. An attempt will be between points in Barry, Branch, Cal- change service, and the rules, regulations, made to publish notices of cancellation houn, Clinton, Eaton, Gratiot, Hillsdale, and practices pertaining thereto; and of hearings as promptly as possible, but Ingham, Ionia, Jackson, Kalamazoo, that, by ,virtue of the said approval, interested parties should take appropri- Kent, Lenawee, Livingston, Montcalm, immunity from the operation of the anti- ate steps to insure that they are notified St. Joseph, Shiawassee, and Washtenaw trust laws is conferred upon the member of cancellation or postponements of Counties, Mich. Said operations are re- carriers only insofar a said Joint activ- hearings in which they are interested. stricted to the transportation of traffic ity Is conducted pursuant to, having a prior or subsequent movement, and within CORRECTION in containers, beyond the points author- the scope of, the agreement bylaw pro- LTC 107496 Sub 813, Ruan Transport Corp. visions as heretofore approved by this assigned February 8, 1972, will be held in ized and to the performance of pickup Courtroom No. 4, Federal Building, 316 and delivery service in connection with 'Formerly titled, Natlonal Motor Equip- Robert Street, St. Paul, 1N. packing, crating, and containerization or mont Interchange-Agreement.

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2617

Commission under section 5a of the act, other incidental changes made necessary days after date of notice of filing of the and no other; by the foregoing changes; application Is published In the Fxn It further appearing, that the parties We find, that the amendment to estab- Rxcsrna Failure seasonably to file a to the revised agreement approved here- lish a new associate member class of protest will be construed as a waiver in fled an application on June 9, 1971, noncarriers as proposed is one not within of opposition and participation in the under the provisions of section 5a of the purview of section 5a of the act, and proceeding. A protest under these rules the act, seeking the approval of further our consideration and approval will be should comply with section 247(d) (3) of amendments to the said agreement; that limited to those matters coming within the rules of practice which requires that public notice of the further amendments the purview of section 5a; it set forth specifically the grounds upon proposed in said application was issued We further find, that the other pro- which It is made, contain a detailed and published in the FEDERAL REGISTER, posed amendments come within the pro- statement of protestan's interest in the to which no objection was filed; that visions of paragraph (2) of section 5a of proceeding (including a copy of the applicants filed on November 3, 1971, a the act, that approval of said amend- specific portions of Its authority which letter-petition dated November 2, 1971, ments is not prohibited by paragraph protestant believes to be in conflict with requesting withdrawal from said appli- (4), (5), or (6) of section 5a of the act., that sought In the application, and de- cation of all proposed agreement pro- and that by reason of the furtherance of scribing In detail the method-whether visions broadening the carrier member- the national transportation policy, the by joinder, interline, or other means- ship of the association to also embrace relief provided in paragraph (9) of sec- by which protestant would use such au- ocean water carriers subject to the Ship- tion 5a of the act should apply with re- thority to provide all or part of the serv- ping Act of 1916 and regulation of the spect to the making and carrying out of- Ice proposed), and shall specify with par- Federal Maritime Commission; there- the agreement as so further amended; ticularity the facts, matters, and things fore, any and all agreement provisions therefore: relied upon, but shall not include issues proposed in said application pertaining It is ordered, That, with the exception or allegations phrased generally. Protests to said ocean water carriers are consid- of the proposed amendment to establish not in reasonable compliance with the ered withdrawn and not a part of the a new associate member class of noncar- requirements of the rules may be said application for the purposes of this riers, as described in (1) above, the said rejected, The original and one copy of proceeding; and that subsequently on amendments to the agreement considered the protest shall be filed with the Com- January 21,1972, applicants filed supple- herein as specified in the said applica- mion, and a copy shall be served con- mental modifications of a technical na- tion, as modified, be, and they are hereby, currently upon applicant's representa- tare to certain agreement provisions approved; and that this order shall be- tive, or applicant if no representative is proposed in said application; come effective on, and remain in force named. If the protest includes a request And it further appearing, that the on and after February 7, 1972, subject to for oral hearing, such requests shall meet amendments to the agreement as set such terms and conditions or regulations the requirements of section 247(d) (4) of forth in detail in said application as as may hereafter be prescribed. the special rules, and shall include the modified, would change the agreement so And it is further ordered,That the ap- certification required therein. as to (1) eftablish a new, separate asso- plicants hereto, within 3 months from the Section 247(f) of the Commission's ciate member class composed of noncar- date of service of this order, furnish the rules of practice further provides that Tier corporations engaged in manufac- Commission with three (3) copies of the each applicant shall, if protests to its turing and services related to transpor- revised agreement, including the amend- application have been filed, and within tation whose membership in the asso- ments approved herein, to which is ap- 60 days of the date of this publication, ciation is believed by the Finance and pended, under verification, a current list notify the Commlsson in writing (1) that Membership Committee to offer bene- of the signatory member carrier parties it Is ready to proceed and prosecute the fits to the mutual advantage of the cor- separately shown by type of mode (mo- application, or (2) that It wishes to poration and of the association, subject tor, rail, and water), with indication withdraw the application, failure in to such terms and arrangements as the whether the motor carrier parties are which the application will be dismissed association's board of directors may from signatory participants in equipment In- by the Commission. time to time prescribe, but who are spe- terchange or interline of freight, or both, Further processing steps (whether cifcally precluded from either becoming for the purpose of providing the Commis- modified procedure, oral hearing or other signatory parties to the carrier agree- sion with a single document containing procedures) will be determined generally ment or participating in any matters the agreement with all revisions thereto. in accordance with the Commission's covered, by the agreement; (2) -expand By the Commission, Review Board general policy statement concerning the agreement for the account of motor motor carrier licensing procedures, pub- carrier members to also embrace joint Number 4. lished in the FEDERAL REnsT issue of consideration of the compensation pay- [sE.L] ROBERT L. OswALD, May 3, 1966. This assignment will be able for vehicle detention in the inter- Secretarv. by Commission orderwhich wll be served line of less-than-truckload freight, and ['R Doc.72-1627 Filed 2-2-72;8:51 am] on each party of record. Broadening rules and regulations pertaining thereto amendments will be not accepted after onnational, regional, andlocal levels; (3) the date of this publication except for eliminate the requirement that a speci- [Notice 8 good cause shown, and restrictive fied number of carrier members of the MOTOR CARRIER, BROKER, WATER amendments will not be entertained fol- Regular Common Carrier Conference of lowing publication in the FEDERAL REG- the American Trucking Associations, CARRIER AND FREIGHT FOR- Is= of a notice that the proceeding has Inc., be elected to serve on the associa- WARDER APPLICATIONS been assigned for oral hearing. tion's board of directors; (4) create a JAzzuAIy 28, 1972. new elective office of third vice presi- No. MC 2860 (Sub-No, 108), filed Jan- dent (5) revise the composition of the The following applications are gov- uary 3, 1972. Applicant: NATIONAL executive committee to include the erned by Special Rule 11002471 of the FREIGH i, INC., 57 West Park Avenue, elected officers and the three most re- Commission's general rules of practice Vineland, NJ 08360. Applicant's repre- cent past presidents in lieu of only the (49 CFR, as amended), published In the sentative: Christian V. Graf, 407 North immediate past president, 'and eliminate FEDERAL REGISTER issue of April 20, 1966, Front Street, Harrisburg, PA 17101. Au- the managing director therefrom; (6) effective May 20, 1966. These rules pro- thority sought to operate as a common modify the independent action provisions vide, among other things, that a protest carrier,by motor vehicle, over irregular to also apply to the freight interlining to the granting of an application must routes, transporting: Meats, meat prod- procedures as proposed in (2) above; be filed with the CommiIon within 30 vcts and meat byproducts and articles (7) revise the agreement form to be ex- distributedby neat Packinghouses as de- Copies of Special Rule 247 (as amended) scribed in sections A and C of appendix ecuted by member carriers to include can be obtained by writing to the Secretary, I to the report in DescriWans in Motor provisions for motor carrier joint action Interstate Commerce Commlssion, Washing- CarrierCertificates, 61 IEC.C. 209 and in interlining of freight; and (8) make ton, D.C. 20423. '766 (except hides and commodities in

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2618 NOTICES bulk), from Luverne, Mm.; Denison, vehicle, over irregular routes, transport- cannot be tacked with its existing au- Fort Dodge, Le Mars, and Mason City, ing: (1) Trailers, other than those de- thority. If a hearing Is deemed necessurv, Iowa; and Dakota City and West Point, signed to be drawn by passenger automo- applicant requests it be held at Rich- Nebr.; to points in Maine, New Hamp- biles, in initial movements, in truckaway mond, Va., or Washington, D.C. shire, Vermont, Massachusetts, Rhode and driveaway service, from New Hol- No. MC 16672 (Sub-No. 20), filed Janu- Island, Connecticut, New York, New Jer- stein, Wis., to points in the United States ary 11, 1972. Applicant: McGUIRN sey, Pennsylvania, Maryland, Delaware, (except Hawaii) ; and (2) tractorsin sec- LU1MBER AND SUPPLY, INC., Wyllies- Virginia, West Virginia, and the District ondary movements in driveaway service burg, Va. 23976. Applicant's representa- of Columbia, restricted to traffic origi- only when drawing trailers, other than tive: Francis J. Ortman, 1100 17th nating at the plantsites of or storage fa- those designed to be drawn by passenger Street NW., Suite 613, Washington, DO cilities utilized by Iowa Beef Processors, automobiles, in initial movements, from 20036. Authority sought to operate as ta Inc., at or near the named origins. NoTE: New Holstein, Wis., to points in Alaska, common carrier,by motor vehicle, over Applicant states that tacking of the re- Arizona, Nevada, Oregon, and Vermont. irregular routes, transporting: Lumber quested. authority is possible in connec- NoTE: Applicant states that the requested (except plywood and veneer), from with its present authority on the authority cannot be tacked with its exist- points in Charlotte County, Va., to pointsj tion be same commodities, under it Sub-No. 37 ing authority. Common control may in Delaware, Maryland, Pennttylvania, (Sheet 8), at Baltimore so as to provide involved. If a hearing is deemed neces- New York, New Jersey, Connecticut, Vir- service to Miami, Fla., and points in its sary, applicant requests it be held at ginia, West Virginia, Ohio, North Caro- commercial zone; to the extent the con- Madison, Wis., or Chicago, Ill. lina, and the District of Columbia. NoTV: sidered commodities are frozen foods, No. MC 5470 (Sub-No. 65), filed De- Applicant states that the requested au- they may be tacked with applicant's au- cember 30, 1971. Applicant: TAJON, thority cannot be tacked with its existing thority under Sub-No. 37 (Sheet 15), at INC., Rural Delivery 5, Post Office Box authority. Applicant has contract carrier Bridgeville, Georgetown, and Milford, 146; Mercer, PA 16137. Applicant's rep- authority under MC 119182 and subs, Del.; Cambridge, Crisfield, Pocomoke resentative: Donald E. Cross, 917 Munsey therefore dual operations may be in- City, Salisbury, and Trappe, Md.; and Building, 1329 E Street NW., Washing- volved. If a hearing is deemed necessary, Exmore, Va.; so as to provide service to ton, DC 20004. Authority sought to applicant requests It be held at Rich- points in North Carolina, South Carolina, operate as a common carrier, by motor mond, Va., or Washington, D.C. Georgia, and Florida; to the extent the vehicle, over irregular routes, transport- No. MC '19227 (Sub-No. 163), filed considered commodities are canned ing: (1) Alloys, ores, scrap steel shapes, January 3, 1972. Applicant: LEONARD goods, tacking is possible in conjunction and pig iron, in dump vehicles, between BROS. TRUCKING CO., INC., 2595 with applicant's authority under Sub-No. Portsmouth, Ohio, on the one hand, and, Northwest 20th Street, Miami, FL 33152, 78 at any point in New Jersey, New York, on the other, points in Indiana, Ken- Applicant's representative: J. Fred Dew- Pennsylvania, Delaware, Connecticut, tucky, New York, Ohio, Pennsylvania, burst (same address as applicant). Au- Massachusetts, Rhode Island, 6nd Acco- and West Virginia; and (2) coke, in thority sought to operate as a common mac and Northampton Counties, Va., to dump vehicles, from points in Indiana carrier,by motor vehicle, over irregular points in North Carolina, South Carolina, to Calvert City, Ky., and Portsmouth, the routes, transporting: (1) Comnmoditi cs, Georgia, and Florida. If a hearing is Ohio. NoTE: Applicant states that the transportationof which, because of deemed necessary, applicant requests it requested authority cannot be tacked size or weight, require the use of special be held at Washington, D.C., or Phila- with its existing authority. If a hearing equipment and parts therefor, and (2) delphia, Pa. - is deemed necessary, applicant requests sell-propelled articles, each weighing it be held at Washington, D.C., or Buf- or more, and related ma- No. MC 3252 (Sub-No. 78), filed Jan- falo, N.Y. 15,000 pounds uary 3, 1972. Applicant: MERRILL chinery tools, parts, and supplies moving TRANSPORT CO., a corporation, 1037 No. MC 7832 (Sub-No. 13), filed De- in connection therewith, restricted to Forest Avenue, Portland, ME 04104. Ap- cember 29, 1971. Applicant: SAM commodities transported on trailers; (a) plicant's representative: Francis E. Bar- LOWENSTEIN AND STANLEY LOW- between points in Ohio, Indiana, Illinois, rett, Jr., 10 Industrial Park Road, Hing- ENSTEIN, a partnership doing business Michigan, Pennsylvania, Kentucky, and ham, MA 02043. Authority sought to op- as SUPER M FOODS DELIVERY, 411A New York; and (b) between points In erate as a common carrier, by motor North Wood Avenue, Linden, NJ 07036. Ohio, Indiana, Illinois, Michigan, Penn- vehicle, over irregular routes, transport- Applicant's representative: Bert Collins, sylvania, Kentucky, and New York, on ing: (a) Transformeroil, in bulk, in tank 140 Cedar Street, New York, NY -10006. the one hand, and, on the other, points vehicles, from Albany, N.Y., to points in Authority sought to operate as a contract in Alabama, Georgia, North Carolina, Maine and New Hampshire, except those carrier, by motor vehicle, over irregular South Carolina, Missssippi, Tennessee, in Cheshire County and those in that part routes, transporting: Sugar (except in Missouri, Iowa, Colorado, Utah, Nbvada, of New Hampshire on, south, and west, bulk), from Philadelphia, Pa., to points Idaho, Oregon, and Washington, re- of a line beginning at the Vermont-New in New York, Connecticut, Massachu- stricted to the transportation of traflic Hampshire State line and extending setts, Rhode Island, New Hampshire, from or to the construction sites or facil- along U.S. Highway 4 to junction U.S. Maine, New Jersey, and Vermont, under ities of the Arthur G. McKee Co. Norn: Highway 3 and thence along U.S. High- contract with National Sugar Refining Applicant states that the requested au- way 3 to the New Hampshire-Massachu- Co. NOTE: If a hearing is deemed neces- thority cannot be tacked with Its existing setts State line; and (b) synthetic resins, sary, applicant requests it be held at authority. If a hearing is deemed neces,- in bulk, in tank vehicles, from Portland, New York, N.Y. sary, applicant requests it be held at Maine, to points ir, Maine, New Hamp- No. MC 16672 (Sub-No. 19), filed Janu- Washington, D.C. shire, Vermont, New York, Massachu- ary 11, 1972. Applicant: McGUIRE No. MC 19227 (Sub-No. 164), filed setts, North Carolina, and Virginia. NoTE: LUMBER AND SUPPLY, INC., Wyllies- January 7, 1972. Applicant: LEONARD Applicant states that the requested au- burg, Va. 23976. Applicant's representa- BROS. TRUCKING CO., INC., 2595 thority cannot be tacked with its existing tive: Francis J. Ortman, 1100 17th Northwest 20th Street, Miami, FL 33152. authority. If a hearing is deemed neces- Street NW., Suite 613, Washington, DC Applicant's representative: J. Fred Dow- sary, applicant requests it be held at Port- 20036. Authority sought to operate as a hurst (same address as applicant). Au- land, Maine, or Boston, Mass. common carrier, by motor vehicle, over thority sought to operate as a common No. MC 4405 (Sub-No. 492), filed Jan- irregular routes, transporting: Pallets, carrier, by motor vehicle, over Irregular 10, 1972. Applicant: DEALERS boxes, and shooks, from Keysville, Va., uary to points in West Virginia, Pennsylvania, routes, transporting: Plastic pipe, plastic TRANSIT, INC., 7701 South Lawndale New tubing, and plastic fittings, from the Avenue, Chicago, IL 60652. Applicant's Maryland, Delaware, New Jersey, representative: Robert E. Joyner, 2008 York, Connecticut, Rhode Island, Mas- plantsite of Tex-Tube Division, Detroit Clark Tower, 5100 Poplar Avenue, Mem- sachusetts, Ohio, North Carolina, and Steel Corp., at Houston, Tex., to points phis, TN 38137. Authority sought to the District of Columbia. NOTE: Appli- in Arizona, California, Colorado, Idaho, operate as a common carrier,by motor cant states that the requested authority Montana, Nebraska, Nevada, New Mexico,

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2619

North Dakota, Oregon, South Dakota, land, OR 97217. Applicant's reprezent- manufacture of the commodities de- Utah, Washington, and Wyoming. NOTE: ative: Norman E. Sutherland, 1200 scribed in (1) above, from points in the A~plicant states that the requested au- Jackson Tower, Portland, OR 97205. Au- United States (except Alaska and Ha- thority cannot be tacked with its exist- thority sought to operate as a common wall), to points in Wood and Marathon ing authority. If a hearing is deemed carrier, by motor vehicle, over irregular Counties, Wis. NO=E: Applicant states necessary, applicant-requests it be held routes, transporting: Forest products, that the requested authority could be at Washington, D.C. lumber, particle board, chip board, hard tacked with various subs of TC 51146 board, flake board,press board, and lum- and applicant will tack with its MC 51146 No. MC 19227 (Sub-No. 165), faed Jan- ber mill products, between points in where feasible. Applicant further states uary 10, 1972. Applicant: LEONARD Oregon, Washington, and those located that it has various duplicative items of BROS. TRUCKING CO., INC., 2595 in and north of Santa Cruz, Santa Clara, authority under various subs but does Northwest 20th Street, Miami, FL 33152. Stanislaus, Tuolumne, and Alpine Coun- not seek duplicative authority. Common Applicant's representative: J. Fred Dew- ties, Calif., on the one hand, and, on the control may be involved. If a hearing is hurst (same address as applicant). Au- other, points in Idaho, Utah, Colorado, deemed necessary, applicant requests it thority sought to operate as a common Wyoming, Montana, and Arizona. NoT: be held at Washington, D.C. carrier,by motor vehicle, over irregular Applicant states that the requested au- routes, transporting: Plastic pipe, plas- No. MC 51146 (Sub-No. 249). filed thority cannot be tacked with Its exist- January 3,1972. Applicant: SCHNEIDER tic tubing, and plastic fittings, from the ing authority. If a hearing is deemed plantsite of Tex-Tube Division, Detroit TRANSPORT, INC., 2661 South Broad- necessary, applicant requests It be held way, Green Bay, WI 54305. Applicant's Steel Corp., at Houston, Tex., to points in at Portland, Oreg., or San Francisco, representative: Charles Singer, 33 North Connecticut, Delaware, Maine, Maryland, Calif. Massachusetts, Michigan, Ohio, New Dearborn, Chicago, IL 60602. Authority Hampshire, New Jersey, New York, Penn- No. MC 51146 (Sub-No. 247), filed sought to operate as a common carrier, sylvania, Rhode Island, Vermont, Vir- January 3,1972. Applicant: SCHNEIDER by motor vehicle, over Irregular routes, ginia, West Virginia, and the District of TRANSPORT, INC., 2661 South Broad- trdnsporting: (1) Paperand paperprod- Columbia. NoTE: Applicant states that way, Green Bay, WI 54305. Applicant's ucts, cellulose materials and product, the requested authority cannot be representative: Charles Singer, 33 North from points in Massachusetts to points tacked with its existing authority. If a Dearborn, Chicago, IL 60602. Authority in the United States (except Alaska and hearing is deemed necessary, applicant sought to operate as a common carrier, Hawaii); and (2) materials,equipment, requests it be held at Washington, D.C. by motor vehicle, over irregular routes, and supplies used in the production and transporting: Expanded plastic articles, distribution of the above described com- No. MC 19227 (Sub-No. 166), filed form, or materials (foamed, cellulor, or modities, from points in the United January 10, 1972. Applicant: LEONARD expanded plastic); (1) from Madison, States (except Alaska and Hawaii), to BROS. TRUCKING CO., INC., 2595 Wis., to points in Indiana, Illinois, Iowa, points in Massachusetts. NoTE: Com- Northwest 20th Street, Miami, FL 33152. Kentucky, Michigan, Minnesota, Mis- mon control may be involved. Applicant Applicant's representative: J. Fred Dew- souri, New York, Ohio, Pennsylvania, statea that the requested authority could hurst (same address as above). Author- Tennessee, and West Virginia; and (2) be tacked with Its existing authority ity sought to operate as a common car- from Frederick, Md., to points in Vir- under various subs of MC 51146, and will tier, by motor vehicle, over irregular ginia, West Virginia, Ohio, Pennsylvania, tack where feasible. Applicant further routes, transporting: Wall board, par- New York, Massachusetts, Rhode Island, states that It has various duplicative ticleboard, plywood, lumber, and lumber Connecticut, New Jersey, Delaware, items of authority under various subs but products, from points in Angelina and North Carolina, Maryland, Indiana, Il- does not seek duplicative authority. If Sabine Counties, Tex., to points in Ala- linois, Wisconsin, and the District of a hearing is deemed necessary, appli- bama, Florida, Georgia, Mississippi, Columbia, and equipment, materials, and cant requests It be held at Boston, Mass. North Carolina, South Carolina, Ken- supplies used in the manufacture and tucky, Tennessee, and Virginia. NoTE: distribution of expanded plastic articles, No. M1C 51146 (Sub-No. 250), fled Applicant states that the requested au- forms, or materials (foamed, cellulor, or January 3,1972. Applicant: SCHNEIDER thority cannot be tacked with its exist- expanded plastic), from the States out- TRANSPORT, INC., 2661 South Broad- ing authority. If a hearing is deemed lined in (1) above to Madison, Wis., and way, Green Bay, WI 54304. Applicant's necessary, applicant requests it be held from the States outlined in (2) above to representative: Charles Singer, 33 North at Washington, D.C. Frederick, Md. NoTE: Common control Dearborn, Chicago, IL 60602. Authority sought to operate as a common carffer, No. MC 25798 (Sub-No. 229), filed De- may be involved. Applicant states that the requested authority could be tacked by motor vehicle, over Irregular routes, cember 28, 1971. Applicant: CLAY RY- transporting: Paperand paper products, DER TRUCKING- _ NES, INC., 502 East with its existing authority under various subs of MC 51146, and will tack where from points in the Isle of Wight County, Bridgers Avenue, Post Offce Box 1186, Va., to points in Kentucky, WestVirginia, Auburndale, FL 33823. Applicant's rep- feasible. Applicant further states that it has various duplicative Items of author- Pennsylvania, New York, Ohio, Indiana, resentative: Tony G. Russell (same ad- Illinois, Michigan, Wisconsin, Missouri, dress as applicant). Authority sought to ity under various subs but does not seek duplicative authority. If a hearing is New Jersey, Maryland, Maine, New operate as a common carrier,by motor Hampshire, Vermont, Connecticut, Mas- vehicle, over irregular routes, transport- deemed necessary, applicant requests It be held at Chicago, Ill. sachusetts, and Rhode Island. Norz: Ap- ing: Prepared animal food (except in plicant states that the requested author- bulk) and related pet items, from th6 No. MC 51146 (Sub-No. 248), filed De- Ity could be tacked with various subs of warehouse or storage facilities of Lipton cember 17, 1971. Applicant: SCHNEIDER MC 51146 and applicant will tack with its Pet Foods, Inc., at or near New Orleans, TRANSPORT, INC., 2661 South Broad- MC 51146 where feasible. Applicant fur- La., to points in Alabama, Florida, Geor- way, Green Bay, WI 54304. Applicant's ther states that it has various duplicative gia, Illinois, Iowa, Kansas, Minnesota, representative: Charles Singer, 33 North Items of authority under various subs Mississippi, Missouri, Nebraska, North Dearborn, Chicago, IL 60602. Authority but does not seek duplicative authority. Carolina, South Carolina, and Wisconsin. sought to operate as a common carrier, Common control may be involved. If a NOTE: Applicant states that the requested by motor vehicle, over irregular routes, hearing Is deemed necessary, applicant authority cannot be tacked with its transporting: (1) Such. products as are requests It be held at Washington, D.C. existing authority. Common control may manufactured or distributed by manu- be involved. If a hearing is deemed neces- facturers of cheese and cheese products, No. MC 51146 (Sub-No. 251), fmed January 3,1972. Applicant: SCHEIDER sary, applicant requests it be held at New from points In Wood and Marathon TRANSPORT, INC., 2661 South Broad- Orleans, La., or Boston, Mass. Counties, Wis., to points in the United way, Green Bay, WI 54305. Applicant's No. MC 32882 (Sub-No. 65), filed De- States (except Alaska and Hawai) ; (2) representative: Charles Singer, 33 North cember 27, 1971. Applicant: IATCHELL returned shipments of the above de- Dearborn, Chicago, IL 60602. Authority BROS. TRUCK LINES, a corporation, scribed commodities, and materials, sought to operate as a common carrier, 3841 North Columbia Boulevard, Port- equipment, and supplies used In the by motor vehicle, over irregular routes,

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2620 NOTICES

transporting: Paper and paper products, between La Grange, Ga., and Atlanta, No. MC 61592 (Sub-No. 256), filed from points in Chatham County, Ga., to Ga., on the one hand, and, on the other, January 3, 1972. Applicant: JENKINS points in Maine, Vermont, New York, points in Georgia. Restrictiors: The au- TRUCK LINE, INC., 3708 Elm Street, New Hampshire, Massachusetts, Con- thority granted under the irregular-route Bettendorf, IA 52722. Applicant's repro- necticut, Rhode Island, Pennsylvania, authority hereinabove is subject "to the sentative: R. Connor Wiggins, Jr., 100 New Jersey, Maryland, Delaware, West following conditions: Service is restricted North Main Building, Memphis, Tenn. Virginia, Kentucky, and Tennessee. against interchange with other motor 38103. Authority sought to operate as a NOTE: Common control may be involved. carriers at Atlanta, Ga., with respect to common carrier, by motor vehicle, over Applicant states that the requested au- traffic originated at or destined to points Irregular routes, transporting: Machin- thority could be tacked with its existing in that part of northeast Georgia ery, equipment, and parts used on the authority under various subs of MC bounded on the north by U.S. Highway construction, assembly, servicing, and 51146, and will tack where feasible. Ap- 23, on the west by U.S. Highway 41, and operation of boats, barges, ships, and plicant further states that it has various on the south by U.S. Highway 80. Car- other vessels, from the plantsites of Lit- duplicative items of authority under rier shall not, pursuant to the irregular- ton Systems, Ini., at Pascagoula, Mts., various subs but does not seek duplicative route authority contained herein, trans- to points in Alabama, Arizona, Call- authority. If a hearing is deemed neces- port shipments moving between any fornia, Colorado, Connecticut, Delaware, sary, applicant requests it be held at points authorized to be served by it in its Florida, Georgia, Illinois, Indiana, Iowa, Washington, D.C. regular-route authority contained herein. Kentucky, Louisiana, Maine, Maryland, No. MC 53965 (Sub-No. 80), filed NOTE: Applicant states it is not seeking Massachusetts, Michigan, Minnesota, December 27, 1971. Applicant: GRAVES authority to serve additional territory. Missouri, New Hampshire, New Jersey, TRUCK LINE, INC., 739 North 10th, It merely seeks the removal of a partial New Mexico, New York, North Carolina, Salina, KS. Applicant's representative: restriction against its existing Atlanta Ohio, Oklahoma, Oregon, Pennsylvania, John E. Jandera, 641 Harrison Street, gateway, thus enabling utilization of the Rhode Island, South Carolina, Tennec3- Topeka, KS 66603. Authority sought to Atlanta, Ga., gateway, in addition to its see, Texas, Vermont, Virginia, Wa'lh- operate as a common carrier, by motor La Grange, Ga., gateway, equally as to ington, West Virginia, and Wisconsin. vehicle, over irregular routes, transport- all on line traffic. No duplicate authority NOTE: Applicant states that the re- ing: General commodities (except those is sought. If a hearing is deemed neces- quested authority cannot be taoked with of unusual value, classes A and B ex- sary, applicant requests it be held at its existing authority. Common control plosives, household goods as defined by Atlanta, Ga. may be involved. If a hearing Is deemed the Commission, commodities in bulk, No. MC 59117 (Sub-No. 38), filed necessary, applicant requests It be held commodities requiring special equipment, January 3, 1972. Applicant: ELLIOTT at New Orleans, La. and those injurious or contaminating to TRUCK LINE, INC., 101 East Excelsior, No. MC 61592 (Sub-No. 257), filed other lading), between Elkhart, Ulysses, Post Office Box 1, Vinita, OK 74301. Ap- January 3, 1972. Applicant: JENKINS Syracuse, Tribune, Sharon Springs, and plicant's representative: Wilburn L. Wil- TRUCK LINE, INC., 3708 Elm Street, Goodland, Kans., and points in that part liamson, 280 National Foundation Life Bettendorf, IA 52722. Applicant's repre- of Colorado east of the Continental Center, 3535 Northwest 58th, Oklahoma sentative: Donald L. Smith, 900 Circle Divide. NOTE: Applicant states that it in- City, OK 73112. Authority sought to op- Tower Building, Indianapolis, Ind. 46204. tends to tack with presently held author- erate as a common carrier,by motor ve- Authority sought to operate as a common ity to serve points in Kansas, Oklahoma, hicle, over irregular routes, transporting: carrier, by motor vehicle, and Texas. If over Irregular a hearing is deemed neces- (1) Liquid fertilizer, liquid fertilizer in- routes, transporting: Wood fiberboard, sary, applicant requests it be held at gredients, liquid feed, liquid feed ingredi- wood fiberboard faced or finished Salina and Garden City, Kans. with ents, and liquid feed supplements, in decorative or protective materials, an.d No. MC 58923 (Sub-No. 37), filed bulk, and (2) liquid insecticides, liquid accessories and supplies used in the in- January 3, 1972. Applicant: GEORGIA fungicides, and liquid herbicides from stallation thereof, from the plant.ite and HIGHWAY EXPRESS, INC., 2090 Jones- points along the Arkansas and Verdigris warehouse facilities of the Prestile Corp., boro Road, SE., Post Office Box 6944, At- Rivers in Oklahoma, to points in Arkan- Chicago, Ill., to points in Alabama, Colo- lanta, GA 30315. Applicant's representa- sas, Colorado, Illinois, Indiana, Iowa, rado, Florida, Georgia, Idaho, Kansa, tive: John C. Henderson (same address Kansas, Minnesota, Missouri, Nebraska, Louisiana, North Carolina, Oklahoma, as applicant). Authority sought to oper- Oklahoma, South Dakota, Texas, and South Carolina, Tennessee, Texas, and ate as a common carrier, by motor ve- Wisconsin. NOTE: Applicant states that Virginia. NoTE: Common control may be hicle, over regular and irregular routes, the requested authority cannot be tacked involved. Applicant states that the re- transporting: Regular routes: General with its existing authority. No duplicate quested authority cannot be tacked with commodities (except those of unusual authority is sought. If a hearing is its existing authority. If a hearing is value, classes A and B explosives, house- deemed necessary, applicant requests it deemed necessary, applicant requests It hold goods as defined by the Commission, be held at Tulsa or Oklahoma City, Okla. be held at Chicago, Ill. commodities in bulk, and those requiring No. MC 59150 (Sub-No. 64), filed No. MC 65802 special equipment). Restrictions: The (Sub-No, 50), filed December 30, 1971. Applicant: PLOOF January 3, 1972. authority granted under Applicant: LYNDE the regular TRANSFER COMPANY, TRANSPORT, INC., Post route INC., 1901 Hill Office Box 433, authority of MC 58923 Sub 31, Street, Lynden, hereinabove is subject to the following Jacksonville, FL 32202. Appli- WA 98264. Applicant's repre- cant's representative: sentative: conditions: All services authorized in Martin Sack, Jr., James T. Johnson, 1610 IBM 1754 Gulf Life Tower, Jacksonville, Fla. Building, Seattle, Wash. said certificate is restricted to the trans- 98101. Authority 32207. Authority sought to sought to operate as portation of traffic moving from, to, or operate as a a common carrier, by motor vehicle, through, Atlanta, Ga., or La ,common carrier,by motor vehicle, over over Irregular route.s, Grange, Ga.; irregular routes, transporting: Liquid and (2) the authority granted under the transporting: Building concrete admix- materials (except tures, from Seattle, Wash., regular routes of said certificate shall commodities in bulk to points in and commodities requiring Oregon, Idaho, Montana not be severable, by sale or otherwise, special equip- and those in ment because of California lying from the irregular route authority con- size and weight), ply- on or north of a line wood drawn east tained therein. Irregular routes: and composition board, from Jack- and west through Reddintg, General sonville, Calif. NOTE: commodities (except those of unusual Fla., and Charleston, S.C., to Applicant states that the points in Alabama, Arkansas, _Florida, requested authority cannot be tacked value, classes A and B explosives, house- Georgia, hold goods as defined by the Commission, Mississippi, North Carolina, with Its existing authority. If a hearing South Carolina, is deemed necessary, commodities in ,bulk, commodities re- and Tennessee. NOTE: applicant requet quiring special equipment, and those in- Applicant states that the requested au- it be held at Seattle, Wash., or Portland, jurious or contaminating to other lad- thority cannot be tacked .with its exist- Oreg. ing); (1) between La Grange, Ga., and ing authority. If a hearing is deemed No. MC 66900 (Sub-No. 38), filed Atlanta, Ga., on the one hand, and, on necessary, applicant requests it be held December 19, 1971. Applicant: HOUFI' the other, points in Alabama; and (2) at Jacksonville, Fla, TRANSFER, INCORPORATED, Pos&b

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 - NOTICES 2621

Office Box 91, Weyers Cave, VA 24486. PORTATION, INC., Post Office Box 6186: hand, and, on the other, points in the Applicant's representative: Harold G. Dallas, TX 75222. Applicant's represent- United States (except Alaska and Ha- Hernly, Jr., 2030 North Adams Street, ative: James W. Hightower, 136 Wynne- waii). Restriction: The proposed service Suite 510, Arlington, VA 22201. Authority wood Professional Building, Dallas, Tex. to be performed under contract with sought to operate as a common carrier, '75224. Authority sought to operate as a Riegel Paper Corp. NoTE: Applicanit has by motor vehicle, over irregular routes, common carrier,by motor vehicle, over pending an application for common car- transporting: Genera commodities (ex- irregular routes, transporting: (1) Cool- rier authority in No. MC 135684 (Sub- cept household goods as defined by the- ing towers and fluid coolers, and parts of No. 1), therefore dual operations may be Commission, commodities in bulk, and cooling towers; and (2) materials and involved. Applicant states that no du- commodities which because of their size supplies (except in bulk) used or useful plicating authority Is sought. If a hear- and weight require special equipment), in the manufacture, installation, and Ing I- deemed necessary, applicant re- between points in Augusta County, Va., erection of the commodities described in quests it be held at Washington, D.C. on the one hand, and, on the other, (1) above, from Tulsa, Okla., Kanhakee, points in Chesterfield County, Va., and Ill, St. Louis, Mo., Columbus, Ohio, and No. MC 97127 (Sub-To. 6), filed Octo- those points in Virginia on and east of Houston, Tex., to points in the United ber 29, 1971. Applicant: BATESVILL. U.S. Highway 1. Nors: Applicant states States (except Hawaii). NoTE: Applicant TRUCK LINE, INC., Post Office Box 710, that the requested authority can be states tacking is possible at Tulsa, Okla., Batesville, AR 72501. Applicant's repre- tacked with its existing authorities, that Kankakee, Ill., St. Louis, Mo., Columbus, sentative: Louis Tarlowsld, 914 Pyramid through tacking and joining of its sep- Ohio, and Houston, Tex. Applicant fur- Life Building, Little Rock, AR 72201. Au- arate authorities, it can presently render ther states no duplicating authority Is thority sought to operate as a common service between points in Augusta sought. If a hearing Is deemed necessary, carrier, by motor vehicle, over regular County, Va., and points in Virginia applicant requests it be held at Dallas, routes, transporting: General commodi- within the scope of this application and Tex., or Oklahoma City, Okla. ties (except household goods as defined that the scope of this application and by the Commission, commodities in bu that the purpose of this application is No. MC 87720 (Sub-No. 121) (Correc- commodities which because of size or to provide applicant with the ability to tion), filed November 18, 1971, published weight require the use of special equip- utilize the shortest possible routes from in the FEDERAL REGISTER, issue of Janu- ment, commodities requiring the use of Staunton to the effected area. If a hear- ary 13, 1972, and republished as corrected tank vehicles, and classes A and B explo- ing is deemed necessary, applicant does this issue. Applicant: BASS TRANSPOR- slves), (1) between Little Rock, Ark., and not specify a location. TATION CO., INC., Old Croton Road, junction U.S. Highways 167 and 62 at or Flemington, N.J. 08822. Applicant's rep- near Ash Flat, Ark., from Little Rock over No. MC 73165 (Sub-No. 310), filed resentative: Bert Collins, 140 Cedar US. Highway 67 to Bald Knob, Ark., December 27, 1971. Applicant: EAGLE Street, New York, NY 10006. Authority thence over U.S. Highway 167 to junc- MOTOR LINES, INC., 830 North 33d sought to operate as a contract carrier, tion U.S. Highway 62, and return over Street, Post Office Box 11086, Birming- by motor vehicle, over irregular routes, the same route with closed doors from ham, AL 35202. Applicant's representa- transporting: (1) Household cleaning Little Rock to Batesvflle, and with open tive: Robert AL Pearce, Post Office Box E, products,water proofingcompounds, and doors from Batesville to .ittle Rock over Bowling Green, KY 42101. Authority acids, from Atlanta, Ga., to points In the same routes with freight originating sought to operate as a common carrier, Florida, Georgia, Alabama, and points in In Batesville or through the Battesve - by motor vehicle, over irregular routes, Tennessee on and east of U.S. 13; (2) gateway; (2) between Batesville, Ark, transporting: Lift trucks, parts, attach- Materials and suppliesused in the manu- and junction Arkansas Highway 16 and ments, dnd accessories for lift trucks, facture, sale or distribution of the afore- U.S. Highway 67, from Batesvlle over from the ports of entry at or near Balti- mentioned commodities, from the above Arkansas Highway 25 to junction Arkan- more, Md., Houston Tex., Los Angeles, destination territory to Atlanta, Ga.; (3) sas Highway 16, thence over Arkansas Calif., and Portland, Oreg., to points in Household cleaning products, water Highway 16 to junction U.S. Highway 67, the United States (except Alaska and proofing compounds, and acids, between and return, with closed doors from said Hawaii), restricted to traffic having a Philadelphia, Pa., Bristol, Pa., Atlanta, Junction over Arkansas Highway 16 to .prior movement by water. No=E: Appli- Ga., New Orleans, La., Tampa, Fla., and junction Arkansas 25. With closed doors -cant states that the requested authority Dallas, Tex. Restriction: Restricted so far as delivery is concerned, from junc- cannot be tacked with its existing au- against the transportation of the afore- tion U.S. Highway 67 and Arkansas-High- thority. If a hearing is deemed necessary, mentioned commodities in bulk; and to a- way 16 to Heber Springs (including Heber applicant requests it be held at Birming- service under contract with Purex Corp., Sprlngs) on traffic originating or passing ham, Ala. Ltd. NoTE: The purpose of this republica- through Little Rock, Ark.; No. MC 83539 (Sub-No. 327), filed tion is to correct the docket number as (3) (a) Between Batesville, Ark., and January 5, 1972. Applicant: C & H shown above in lieu of MC 109682 Sub 31 Junction Arkansas Highway 106 and US. TRANSPORTATION CO., INC., 1936 which was in error. If a hearing is deemed Highway 69, over Arkansas Highway 106; 2010 West Commerce Street, Post Office necessary, applicant requests it be held (b) between Batesville, Ark-, and Mel- Box 5976, Dallas, TX 75222. Applicant's at Washington, D.C. bourne, Ark., over US. Highway 69; (c) representative: Thomas E. James (same No. MC 87720 (Sub-No. 124), filed Jan- between Mountain View, Ark., and Mam- address as applicant). Authority sought uary 3, 1972. Applicant: BASS TRANS- moth Spring, Ark., over Arkansas High- to operate as a common carrier,by mo- PORTATION CO., INC., Post Office Box way 9; (d) between Calico Rock, Ark., tor vehicle, over irregular routes, trans- 391, Flemington, NJ 08822. Applicant's and Ash Flat, Ark., over Arkansas High- porting: Iron and steel articles, as representative: Bert Collins, 140 Cedar way 56; (e) between Hardy, Ark., and described in Appendix V to the report in Street, New York, NY 10006. Authority Salem, Ark., over U.S. Highway 62; Wi) Descriptions in Motor Carrier Certifi- sought to operate as a contract carrier, between Mammoth Springs, Ark., and cates, 61 1M.C.C. 209, from the plantsite by motor vehicle, over irregular routes, Hardy, Ark., over U.S. Highway 63; (g) of Roman Steel Co. at or near Fort transporting: Paper and paper products, between junction US. Highway 167 and Myers, Fla., to points in the United productsproduced or distributedby man- Arkansas Highway 58, and junction Ar- States in and east of Minnesota, Iowa, ufacturers, and converters of papcr and kansas Highways 58 and 69, over Ar- Missouri, Arkansas, and Louisiana. No=a: paper products, and materials and sup- kansas Highway 53; (h) between Moun- 'Applicant states that the requested au- plies used in the manufacture and dis- tain View. Ark., and Batesvlle, Ark., thority cannot be tacked with its exist- tribution of the above-named commodi- from Mountain View over Arkansas ing authority. Common control may be ties (except commodities which because Highway 14 to junction Arkansas High- involved. If a hearing is deemed neces- of size or weight require the use of spe- way 25, thence over Arkansas Highway sary, applicant requests it be held at cial equipment, and except commodities 25 to Batesville; (1) between Mountain Miami or Tampa, Fla. in bulk), between points in Columbus and View, Ark., and Leslie, Ark., over Ar- No. MC 83835 (Sub-No. 88), filed Janu- Brunswick Counties, N.C., and Hunterdon kansas Highway 66; and return over the ary 3, 1972. Applicant: WALES TRANS- and Warren Counties, N.J., on the one same routes, serving all intermediate

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2622 NOTICES points; (4) (a) between junction Ar- joration, 14011 South Central Avenue, the plantsites of, and facilities utilizesd kansas Highways 58 and 69, and Guion, Los Angeles, CA 90059. Applicant's rep- by U.S. Plywood-Champion Paper,., Inc., Ark., over Arkansas Highway 58; (b) resentative: Carl H. Fritze, 1545 Wilshire at Charleston and Orangeburp,, S.C., to betweeri Mount Pleasant, Ark., and Boulevard, Los Angeles, CA 90017. Au- points in Arkansas, Loulana, i51.s- Guion, Ark., over unnumbered county thority sought to operate as a common sippi, Oklahoma, and Texas. No r: Ap- road; (c) between Guion, Ark., and junc- carrier, by motor vehicle, over irregular plicant states that, the requested tion Arkansas Highway 14 and unnum- routes, transporting: Molten sullur, in authority has certain tacking posslbil- bered county road, over unnumbered bulk, in tank vehicles, from points in ities with its existing authority, however, county road; (d) betveen junction Ar- California to points in Arizona. NOTE: none of the tacking possibilities. would kansas Highways 5 and 9 and Calico Applicant states that the requested au- be feasible. If a hearing Is deemed neces- Rock, Ark., over Arkansas Highway 5; thority cannot be tacked with its exist- sary, applicant requests It be held at (e) between junction Arkansas High- ing authority. Applicant further states Washington, D.C., or Cincinnati, Ohio. ways 14 and 9, and junction Arkansas that no duplicating authority is being No. MC 103993 (Sub-No. 687), filed Highways 14 and 27, over Arkansas High- sought. If a hearing is deemed necessary, January 4, 1972. Applicant: MORGAN way 14; and return 'over the routes de- applicant requests it be held at Los An- scribed in (4) (a), (b), DRIVE-AWAY, INC., 2800 West Lexing- (c), (d), and (e) "gles,Calif. ton Avenue, Elkhart, IN 46514. Appli- above, serving all intermediate points; No. MC 100449 (Sub-No. 33), filed cant's representative: Paul D. Borghe- (5) between Batesville, Ark., and January 3, 1972. Applicant: MALLIN- sani (same address as applicant), Au- Newark, Ark., (a) from Batesville over GER TRUCK LINE, INC., Otho, Iowa thority sought to operate as a common Arkansas Highway 69, and return over 50569. Applicant's representative: Wil- carrier,by motor vehicle, over Irregular the same route, serving all intermediate liam L. Fairbank, 900 Hubbell Building, routes, transporting: Trailers, designed points; (b) from Batesville over Ar- Des Moines, Iowa 50309. Authority sought to be drawn by possenger automobileo, in kansas Highway 69 to intersection with to operate as a common carrier,by mo- initial movements, from points In Dyer unnumbered W.P.A.-Gap Road, approxi- tor vehicle, over irregular routes, trans- County, Tenn., to points in the United mately 3 miles east of Batesville, thence porting: Foodstuffs, except in bulk, from States (except Alaska and Hawaii). over W.P.A,-Gap Road to the junction St. James, Madelina, and" Butterfleld, NOTE: Applicant states that the ro, of Arkansas Highway 69 near Magness, Minn., and Estherville, Iowa, to Ark., thence over Arkansas Highway 69 points quested authority cannot be tacked with to in Colorado, Illinois, Indiana, Iowa, its existing authority. If a hearing kI Newark, and over all other unmarked Kansas, Michigan, Minnesota, Missouri, deemed necessary, applicant requests It public roads connecting with W.P.A.- Nebraska, North Dakota, Ohio, Okla- be held at Nashville, Tenn. Gap Road and Arkansas Highway 69 homa, South Dakota, Texas, and Wis- between Batesville and Newark, and re- consin, restricted to traffic originating No. MC 105566 (Sub-No. 66), flled turn over the same routes serving all at the plantsites and storage facilities January 3, 1972. Applicant: SAM intermediate and off-routes on and adja- TANKSLEY TRUCKING, INC., Post Of- of Tony Downs Foods Co. at St. James fIce Box 1119, Cape Girardeau, MO 63701. cent to the highways described in 5 (a) and Madelia, Minn., Butterfield Foods and (b) above. Co., at Butterfield, Minn., and WADCO Applicant's representative: Thomas F. Over regular and irregular routes: (6) Foods, Inc., at Estherville, Iowa, and Kilroy, 2111 Jefferson Davis Highway Between points in Shelby County, Tenn., destined to the named destination States. Arlington, VA 22202. Authority sought to and the foregoing named points and NOTE: If a hearing is deemed necessary, operate is a common carrier, by motor r'outes, over irregular routes to their vehicle, over irregular routes, transprt- applicant requests it be held at Minne- ing: Bananas, from Gulfport, junction with Interstate Highway 55 and apolis, Minn. Miss., and thence over Interstate Highway 55 to New Orleans, La., to Torre Haute, lad. the junction and/or ingress and egress No. MC 100666 (Sub-No. 208), filed NOTE: Applicant holds no authority to with U.S. Highway 64, and thence over December 30, 1971. Applicant: MELTON which the requested authority could be U.S. Highway 64 to the junction of U.S. TRUCK LINES, INC., Post Office Box tacked or joined. If a hearing is deemed Highway 167 in Bald Knob, Ark., serving 7666, Shreveport, LA 71107. Applicant's necessary, applicant requests It be hold no intermediate points on said highways, representative: *Wilburn L. Williamson, at Washington, D.C., or Indianapolki, and return over the same route. NOTE: 3535 Northwest 58th, 280 National Foun- Ind. Applicant states: (a) That it is presently dation Life Building, Oklahoma City, OK MC 73112. Authority sought to operate as a No. 105566 (Sub-No. 67), filed authorized to conduct the operations common carrier, by motor vehicle, over January 3, 1972. Applicant: SAM described in routes (1) through (5) here- TANKSLEY TRUCKING, INC., Pot inabove in Its certificates of registration irregular routes, transporting: Cereal binders, sealing compounds, corn flour, Office Box 1119, Cape Girardeau, MO MC 97127, Sub-Nos. 3, 4, and 5 which, industrial flour, industrial starches, 63701. Applicant's reprezentative: by this application, is sought to be con- com- Thomas F. Kilroy, 2111 Jefferson Davis verted into a Certificate of Public Con- processed grain products (except modities in bulk, animal and poultry feed Highway, Arlington, VA 22202. Authority venience and Necessity, to include exist- and ingredients thereof, and edible sought to operate as a common carrier, ing restrictions, and tacking. (b) Route flour) from points in McPherson County, by motor vehicle, over irregular routeo, No. 6 hereinabove shown is restricted Kans., to points in Florida, Georgia, Ala- transporting: Paint and paint materials, against service to all intermediate points bama, Mississippi, Louisiana, Texas, Ar- including putty, caulking compound,' between points in Shelby County, Tenn., kansas, and Tennessee. NoTE: Applicant paint ingredients, and adhesive cement and Bald Knob, Ark., and its commercial states that the requested authority can- or glue, from Dayton, Ohio, to San Jose, zone, and intermediate points located in not be tacked with its existing authority. Calif. NoTE: Applicant states that the Arkansas upon Interstate Highway 55 If a hearing is deemed necessary, appli- requested authority cannot be tacked and U.S. Highway 64. Proposed Shelby cant requests it be held at Kansas City, with its existing authority. If a hearing County, Tenn., Route (No. 6) to be Mo., or Shreveport, La. is deemed necessary, applicant requests tacked with existing authority at the it be held at Washington, D.C., or junction of U.S. Highway.64, 67, and 167 No. MC 100666 (Sub-No. 209), filed Indianapolis, Ind. In Bald Knob, Ark., to render a direct January 3, 1972. Applicant: MELTON single-line service between points in TRUCK LINES, INC., Post Office Box No. MC' 105755 (Sub-No. 15), filed Shelby County, Tenn., and points pres- 7666, Shreveport, LA 71107. Applicant's December 30, 1971. Applicant: M.J.I., ently authorized to be served by appli- representative: Wilburn L. Williamson, TRUCKING CORP., 1040 John Alden cant. If a hearing is deemed necessary, 3535 Northwest 58th, 280 National Foun- Lane, Schenectady, NY 12300. Appli- cant's representative: John L, Alfano, applicant requests it be held at Batesville dation Life Building, Oklahoma City, OK 2 West 45th Street, New York, NY 10030. or Little Rock, Ark. 73112. Authority sought to operate as a Authority sought to operate as a common No. MC 97357 (Sub-No. 44), filed common carrier,by motor vehicle, over carrier,by motor vehicle, over Irregular December 27, 1971. Applicant: ALLYN irregular routes, transporting: Composi- routes, transporting: Bananas, from TRANSPORTATION COMPANY, a cor- tion board, plywood, and moldings, from Albany, N.Y., to points In Connecticut,

fEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2623

Maine, Massachusetts, New Hampshire, TRAI.ER CONVOY, INC., 1925 National by motor vehicle, over irregular routes, New Jersey, New York, Rhode Island, Plaza, Tulsa, Okla. 74151. Applicant's transporting: Roofing and roofing ma- and Vermont. NOTE: Applicant states representative: Irvin Tall (same address terials, siding and siding materaL , and that the requested authority can be as applicant). Authority sought to oper- accessories used in -the installation tacked with its existing authority but ate as a comnon carrier, by motor vehi- thereof, from St. Louis, Mo, to points in indicates that it has no present inten- cle, over irregular routes, transporting: the United States in and east of Mchi- tion to tack and therefore does not Trailers, designed to be drawn by pas- gan, Indiana, Kentucky, Arkansas, and identify the points or territories which senger automobiles, in initial movements, Louisiana. NoTE: Applicant states that can be erved through tacking. Persons from points in Grant County, Wis., to the requested authority cannot be tacked interested in the tacking possibilities are points in the United States (except with Its existing authority. If a hearing cautioned that failure to oppose the Alaska and Hawaii). NoTE: Applicant is deemed neceszary, applicant reques-ts application may'result in an unrestricted states that the requested authority can- It be held at Washington, D.C. grant of authority. If a hearing is deemed not be tacked with its existing authority. No. M C 107295 (Sub-No. 597), filed necessary, applicant requests it be held Common control and dual operations January 3, 1972. Applicant: PRE-FAB at New York, N.Y. may be involved. If a hearing is deemed TRANSIT CO., a corporatio Post Office No. MC 106398 (Sub-No. 558), filed necessary, applicant requests It be held Box 146, Farmer City, IL, 61842. Appli- September 17, 1971.- Applicant: NA- at Milwaukee, Wis. cants representative: Mack Stephenson TIONAL TRAILER CONVOY, INC., 1925 No. MC 106674 (Sub-No. 84), filed (same address as applicant). Authority National Plaza, Tulsa, Okla. 74151. Ap- December 30, 1971. Applicant: SCHILLE sought to operate as a common carrier. plicant's representative: Leonard A. MOTOR LINES, INC., Post Office Box by motor vehicle, over irregular routes, Jaskiewicz, 1730 M Street NW., Suite 501, 451, Delphi, IN 46923. Applicant's rep- transporting: Roofing and roofing ma- Washington, DC 20036. Authority sought resentative: Carl L. Steiner, 39 South terials (except in-bulk), between Jessup, to operate as a common carrier, by motor La Salle Street, Chicago, IL 60603. Au- Md., and points in Delaware, Maryland, vehicle, over irregular routes, transport- thority sought to operate as a common New Jersey, New York, North Carolina, ing: Trailers, designed to be drawn by carrier,by motor vehicle, over irregular Pennsylvania, Virginia, and West Vir- passenger automobiles, in initial move- routes, transporting: Fertilizerand ferti- ginia. NOTE: Applicant states that the ments, from points in Boulder County, lizer materials and pesticides, in bulk, requested authority cannot be tacked Colo., to points in the United States (ex- from Henry, Ill., to points In Indiana. with Its existing authority. If a hearing cept Alaska and Hawaii). NOrE: Appli- NoTE: Applicant states that the requested is deemed necessary, applicant requests cant states that the requested authority authority cannot be tacked with its exist- It be held at Chicago, IlL, or Washington, cannot be tacked with its existing au- ing authority. If a hearing is deemed nec- D.C. thority. Common control and dual pper- essary, applicant requests It be held at No. MC 107295 (Sub-No. 593), fled ations may be involved. If a hearing is Chicago, Ill. January 3, 1972. Applicant: PRE-FAB deemed necessary, applicant requests it No. MC 106920 (Sub-No. 42), filed TRANSIT CO., a corporation Post Office be held at Denver, Colo. January 4. 1972. Applicant: RIGGS Box 146, Farmer City, IL 61842. Appli- No. MC 106398 (Sub-No. 581), filed ROAD EXPRESS, INC., Post Office Box cant's representative: Mack Stephenson December 13, 1971. Applicant: NA- 26, West Monroe Street, New Bremen, (same address as applicant). Authority TIONAL TRAILER CONVOY, INC., 1925 OH 48569. Applicant's representative sought to operate as a common carrier, National Plaza, Tulsa, Okla. 74151. Ap- Carroll V. Lewis, 122 East North Street, by motor vehicle, over irregular routes, plicant's representative: Irvin Tull Sidney, OH 45365. Authority sought to transporting: Roofing and roofing ma- (same address as applicant). Authority operate as a common carrier, by motor terials (except in bulk), from points in sought to operate as a common carrier, vehicle, over irregular routes, tranport- Franklin County, Ind., to points in Illi- by motor vehicle, over irregular routes, ing: Frozen foods, from Kansas City, nois, Indiana, Kentucky, Ohio, and West transporting: Trailers designed to be Kans., to Atlanta, Ga., and points in Virginia. Nor: Applicant states that the drawn,by passenger automobiles, in ini- New York, Michigan, and Ohio. NoTE: requested authority cannot be tacked tial movement, and buildings in sections, Applicant states that the requested au- with Its existing authority. Applicant mounted on wheeled undercarriages, thority cannot be tacked with its exist- further states that no duplications are from points in New Castle County, Del., ing authority. Common control may be anticipated. However, should any de- to points in the United States (except involved. If a hearing is deemed neces- velop, full disclosure will be made at the Alaska and Hawaii). NoTE: Dual opera- sary, applicant requests it be held at St. hearing. If a hearing is deemed neces- tions and common control may be in- Louis, Mo., or Washington, D.C. sary, applicant requests it be held at volved. Applicant states that the re- No. MC 107295 (Sub-No. 595), filed Columbus, Ohio. quested authority cannot be tacked with January 3, 1972. Applicant: PRE-FAB No. MC 107295 (Sub-No. 599), fed its existing authority. If a hearing is TRANSIT CO., a corporation, Post Office January 3, 1972. Applicant: PRE-FAB deemed necessary, applicant requests it Box 146, Farmer City, IL 61842. Appli- TRANSIT CO., a com-oration, Post Office be held at Washington, D.C. cants representative: Mack Stephenson Box 146, Farmer City, IL 61842. Appli- No. MC 106398 (Sub-No. 582), filed (same address as above). Authority cant's representative: Mack Stephenson January 6, 1972. Applicant: NATIONAL sought to operate as a common carrier, (same address as applicant). Authority TRAILER CONVOY, INC., 1925 National by motor vehicle, over irregular routes, sought to operate as a common carrier, Plaza, Tulsa, Okla. 74151. Applicant's transporting: Roofing and roofing ma- by motor vehicle, over irregular routes, representative: Irvin Tull (same address terials, floor tile and accessories used in transporting: Iron and steel fencing, as applicant). Authority sought to oper- the installation thereof, from Joliet, Ill., fence posts, gates and woven fabric wt&. ate as a common carrier,by motor vehi- to points in Arkansas, Indiana, Iowa, afl necessary fittings therefor, from La cle, over irregular routes, transporting: Kentucky, Michigan, Missouri, Nebraska, Grange, Tex., to points in the United Trailers, designed to be drawn by pas- Ohio, Tennessee, and Wisconsin. No: States (except Alaska and Hawaii). senger automobiles, in initial movements, Applicant states that the requested au- NOTE: Applicant states that the re- from points in Rutland County, Vt., to thority cannot be tacked with Its exist- quested authority cannot be tacked with points in the United States (except ing authority. If a hearing is deemed Its existing authority. If a hearinK is Alaska and Hawaii). NoTE: Applicant necessary, applicant requests it be held deemed necessary, applicant requests it states that the requested- authority can- at Washington, D.C. be held at Houston, Tem. not be tacked with its existing authority. No. MC 107295 "(Sub-No. 596), filed No. MC 107760 (Sub-No. 4), filed De- Common control and dual operations January 3, 1972. Applicant: PRE-PAB cember 30, 1971. Applicant: MOHAWK may be involved. If a hearing is deemed TRANSIT CO., a corporation, Post Office necessary, applicant 'recuests it be held TRUCKING AND SALVAGE CO, a cor- Box 146, Farmer City, M 61842. Appli- poration, 62 Elm Street, Johnston, I at Washington, D.C. cants representative: Mack Stephenson 02919. Applicant's representative: Rus- No. MC 106398 (Sub-No. 583), fled (same address as above). Authority sell B. Curnett, 36 Circuit Drive, Edge- January 6, 1972. Applicant: NATIONAL sought to operate as a common carrier, wood Station, Providence, RI 02905.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 No. 23-9 NOTICES

Authority sought to operate as a common (2) above are restricted against the gan, Wisconsin, and Tennezsce; and (1) carrier,by motor vehicle, over irregular transportation of the above described between Muncie, Ind., on the one hand, routes, transporting: Metal scrap, in commodities in bulk and against the and, on the other, points In Illinois, n- dump vehicles, between Providence, RI., transportation of hides and skins, and diana, Ohio, Kentucky, Michigan, Wis- on the one hand, and, on the other, points (3) conned goods, (a) from Lindale, Tex., consin, and Tennessee. No=n: Applicant In Connecticut, Maine, Massachusetts, to points in Arkansas, Oklahoma, Kan- states that the requested authority can- New Hampshire, Rhode Island, and Ver- sas, Kentucky, Missouri, Illinois, Louisi- not be tacked with Its existing authority. mont. Nor: Applicant states that the ana, Iowa, Michigan, Minnesota, Missis- If a hearing is deemed necessary, appli- requested authority cannot be tacked sippi, Tennessee, Wisconsin, Ohio, South cant requests It be held at Indianapolis, with Its existing authority. If a hearing Dakota, Indiana, and Nebraska. NOTE: Ind., 6r Chicago, Ill. is deemed necessary, applicant requests Applicant states that the requested au- it be held at Providence, RI., or Boston, thority can be tacked with MC-108207 No. MC 109637 (Sub-No. 384), filed Mass. (Sub-No. 147) over Texas to serve all January 4, 1972. Applicant: SOUTHERN States from -California. Applicant fur- TANK LINES, INC., 10 West Baltimore No. MC 107983 (Sub-No. 14), filed ther states no duplicating authority is Avenue, Lansdowne, PA 19050, Appli- January 11, 1972. Applicant: COLD- sought. If a hearing is deemed necessary, cant's representative: Harry C. Ames, WAY EXPRESS, INC., Post Office Box applicant requests it be held at Dallas or Jr., 666 l1th Street NW., Washington, 26, Morton, IL 61550. Applicant's repre- Fort Worth, Tex. DC 20001. Authority sought to operate sentative: George S. Mullins, 4704 West as a common carrier, by motor vehicle, Irving Park Road, Chicago, IL 60641. Au- No. MC 108449 (Sub-No. 337), filed over irregular routes, transporting: thority sought to operate as a contract January 3, 1972. Applicant: INDIAN- Commodities, in bulk (except in dump carrier,by motor vehicle, over irregular HEAD TRUCK LINE, INC., 1947 West vehicles), from Evansville, Ind., and routes, transporting: Gravity flow County Road C, St. Paul, MN 55113. Ap- from the site of Bulk Distribution wagon boxes, runninggear, wheels, hubs, plicant's representative: W. A. Mylien- Centers, Inc., at Mount Vernon, Ind., to fertilizer equipment, plows, and related beck (same address as above). Authority points in Indiana, Kentucky, Tennessee parts, between Goodfleld, Ill., on the one sought to operate as a common carrier, (except Kingsport, Tenn., and points In hand, and, on the other, points in Ala- by motor vehicle, over irregular routes, its commercial zone), and to points in bama, Arkansas, Colorado, Georgia, transporting: Commodities, in bulk, re- Missouri and Illinois (except points in Idaho, Illinois, Indiana, Iowa, Kansas, stricted to having a prior or subsequent the latter two States in the St. Louis, Kentucky, Louisiana, Michigan, Minne- movement over the lines of the Burling- Mo.-East St. Louis, Ill., commercial sota, Mississippi, Montana, Missouri, ton Northern, Inc., between points in zone). Restricted against the transpor- Nebraska, New York, North Dakota, Colorado, Iowa, Illinois, Kentucky, Kan- tation of (1) dry milled corn products, Ohio, Oklahoma, Pennsylvania, South sas, Minnesota, Missouri, Nebraska, from Mount Vernon, Ind.; (2) petroleum Dakota, Tennessee, Texas, Utah, Wiscon- North Dakota, South Dakota, and Wis- and petroleum products as described in sin, and Wyoming. NOTE: Applicant consin. NOTE: Applicant states that the appendix 2I to the report in Descrip- states that the requested authority can- requested authority can be tacked with tions in Motor Carrier Certiflcates, 61 not be tacked with its exditing authority. its existing authority but indicates that M.C.C. 209, to points in Illinois and Xen- If a hearing is deemed necessary, appli- it has no present intention to tack and tucky; and (3) fats, oils, and greases cant requests it be held at Chicago or therefore does not identify the points to any involved destination, This att- Springfield, Ill. or territories which can be served thority may not be combined or Joined . No. MC 108207 (Sub-No. 340), filed through tacking. Persons interested in by applicant with any other of Its au- January 11, 1972. Applicant: FROZEN the tacking possibilities are cautioned thority. Applicant further states and re- FOOD EXPRESS, INC., 318 Cadiz, Post that failure to oppose the application quests that any authority granted be Office Box 5888, Dallas, TX 75222. Appli- may result in an unrestricted grant of restricted against tacking. Common con- cant's representative: Ralph W. Pulley, authority. If a hearing is deemed neces- trol may be involved. If a hearing Is Jr., 4555 First National Bank Building, sary, applicant requests it be held at deemed necessary, applicant requests It Dallas, Tex. 75202. Authority sought to Minneapolis or St. Paul, Minn., or be held at Washington, D.C. operate as a common carrier,by motor Chicago, Il1. No. MC 110761 (Sub-No. 14), filed vehicle, over irregular routes, transport- No. MC 109478 (Sub-No. 122), filed De- January 11, 1972. Applicant: CARROLL ing: (1) Meats, meat products, and meat cember 28, 1971. Applicant: WORSTER TRANSPORT, INC., 1249 Adam St.rcet, byproducts, and articles distributed by MOTOR LINES, INC., Gay Road, North Pittsburgh, PA 15233. Applicant's rep- meat packinghouses as described in sec- East, Pa. 16428. Applicant's representa- resentative: Henry M. Wick, Jr., 2310 tions A, B, and C of Appendix I to the tive: Joseph F. MacKrell, 23 West 10th Grant Building, Pittsburgh, Pa, 15219. report in Descriptions in Motor Carrier Street, Erie, PA 16501. Authority sought Authority sought to operate as a com- Certificates, 61 M.C.C. 209, 273, and 766, to operate as a common carrier,by motor mon carrier,by motor vehicle, over Ir- dairy products, frozen foods, salad dress- vehicle, over irregular routes, transport- regular routes, transporting: iron and ing, yeast, uncooked bakery goods, fish, ing: Foodstuffs, canned, preserved, or steel articles, between Pittsburgh, Pa,, and preparedsalads, in vehicles equipped prepared, from Elk Rapids, Mich., to on the one band, and, on the other, In- with mechanical refrigeration; and "(2) points in Connecticut, Maine, Massachu- dianapolis, New Castle, and Richmond, foodstuffs, in vehicles equipped with setts, New Jersey, New Hampshire, New Ind.; points in the Lower Peninsula of mechanical refrigeration (except those York, Pennsylvania, Rhode Island, and Michigan; Caldwell, Elizabeth, Little described in paragraph (1) above, when Vermont. NOTE: Common control may be Falls, Lyndhurst, Newark, Paterson, Ro- moving in mixed loads with one or more involved. Applicant states that the re- chelle Park, Perth Amboy, and Trenton, of the commodities described in para- quested authority cannot be tacked with N.J.; Buffalo, Cortland, Lancaster, New graph (1) above, (a) from points in its existing authority. If a hearing is York, Rochester, and Syracuse, N.Y.; Texas (except Dallas, Forth Worth, and deemed necessary, applicant requests it Canton, Carrollton, Cincinnati, Colum- Sherman, Tex.), to points in Arkansas, be held at Washington, D.C., Chicago, bus, Cleveland, Clyde, Dayton, Eas;t Oklahoma, Kansas, Kentucky, Missouri, Ill., or Detroit, Mich. Liverpool, Painesville, Salem, Toledo, Illinois, Louisiana, Iowa, Michigan, Min- Toronto, Wapakoneta, Warren, and nesota, Mississippi, Tennessee, Wiscon- No. MC 109612 (Sub-No. 31), filed Jan- Youngstown, Ohio. Norm: Applicant sin, Ohio, South Dakota, Indiana, and uary 10, 1972. Applicant: LEE MOTOR states that the requested authority can Nebraska; (b) from Dallas and Fort LINES, INC., 4319 South Madison, Mun- be tacked at Pittsburgh, but states that Worth, Tex., to Tulsa and Oklahoma cie, IN 47305. Applicant's representative: it hds no present Intention to tack, Ap- City, Okla.; Wichita and Kansas City, Eugene Lee (same address as above). plicant further states that Its basic cer- Kans.; and St. Louis and Kansas City, Authority sought to operate as a common tificate under MC 110761 permits the Mo., and points in Tennessee (except carrier,by motor vehicle, over irregular operation described by observing Can- Memphis) and Kentucky (except Louis- routes, transporting: Building materials, ton Township, Washington County, Pa., ville). Restriction: The operations au- (1) from Alexandria, Ind., to points in as a gateway. By this application appli- thorized herein in paragraphs (1) and Illinois, Indiana, Ohio, Kentucky, Michi- cant proposes to remove the Canton

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2625

Township gateway. If a hearing is thority cannot be tacked with Its exist- Shells (same address as above). Author- deemed necessary, applicant requests it ing authority. If a hearing is deemed ity sought to operate as a common car- be held at Washington, D.C., or Pitts- necessary, applicant requests It be held rier, by motor vehicle, over irregular -burgh, Pa. at Chicago, In. routes, transporting: Food and food No. MC 110988 (Sub-No. 283), filed No. MC 112801 (Sub-No. 133), fled products, drugs, plastic and rubber arti- December 27, 1971. Applicant: SCHNEI- December 27, 1971. Applicant: TRANS- cles, from Altavista, Va., to points in DER TANK LINES, INC., 200 West Cecil PORT SERVICE CO., a corporation, Post Colorado, Kansas, South Dakota, Min- Street, Neenah, WI 54956. Applicant's Office Box 50272, Chicago, IL 60650. Ap- nesota, Missouri, Wisconsin, Illinois, In- representative: E. Stephen Heisley, 666 plicant's representative: Robert H. Levy, diana, Michigan, Kentucky, Ohio, Penn- 11th Street NW., Washington, DC 20001. 29 South La Salle Street, Chicago, IL sylvania, New York, New Jersey, Con- Authority sought to operate as a common 60603. Authority sought to operate as a necticut, Massachusetts, Nebraska, and carrier, by motor vehicle, over irregular common carrier, by motor vehicle, over Iowa, restricted to traffic originating at routes, transporting: Altavista, Va., and detined to the above- Chemicals, from irregular routes, transporting: Corn named destination points. NOTE: Com- the plantsite of Minnesota Mining & products and blends, in bulk, from Ham- mon control may be involved. If a hear- Manufacturing Co. at or near Cordova, mond, Ind., to points in the United States ing Is deemed necessary, applicant Ill., to Decatur, Ala. NOTE: Applicant (except Alaska and Hawaii). NOE: Ap- requests It be held at Columbus, Ohio,- states that the requested authority can- plicant states that the requested author- not be tacked with it existing authority. ity cannot be tacked with its existing or Washington, D.C. Common control may be involved. If a authority. If a hearing is deemed neces- No. MC 113903 (Sub-No. 220), filed hearing is deemed necessary, applicant sary, applicant requests it be held at January 7, 1972. Applicant: ERICKSON requests it be held at Minneapolis, Minn., Chicago, Ill. TRANSPORT CORPORATION, 2105 or Washington, D.C. East Dale Street, Post Office Box 3189, No. MC 113106 (Sub-No. 36), filed Springfield, MO 65804. Applicant's rep- No. MC 112520 (Sub-No. 254), filed January 11, 1972. Applicant: THE BLUE resentative: Le Roy Smith (same address December 28, 1971. Applicant: Mc- DIAMOND COMPANY, a corporation, as applicant). Authority sought to op- KENZIE TANK LINES, INC., Post Office 4401 East Fairmount Avenue, Baltimore, erate as a common carrier, by motor Box 1200, Tallahassee, FL 32302. Appli- MD 21224. Applicant's representative: vehicle, over irregular routes, transport- cant's representative: W. Guy McKenzie, Chester A. Zyblut, 1522 K Street NW., ing: Fruit Juice and fruit Juice concen- Jr. (same address as applicant). Author- Washington, DC 20005. Authority sought trates, in bulk, in tank vehicles, from ity sought to operate as a common car- to operate as a common carrier, by motor points in Arizona, to Chicago, IN1. Noi: Tier, by motor vehicle, over irregular vehicle, over irregular routes, transport- Applicant states that the requested au- routes, transporting: Crude oil, in bulk, ing: Malt beverages, and materials,sup- thority cannot be tacked with its -exist- in tank vehicles, from points in Escambia plies, and equipment used in the ing authority. If a hearing is deemed and Santa Rosa Counties, FIa., and manufacture and distribution of malt necessary, applicant requests it be held Escambia County, Ala., to points in Ala- beverages, between Fogelsville, Upper at St. Louis, Mo., or Chicago, Ill. bama and Florida. NOTE: Common con- Macungie Township, Pa., on the one trol may be involved. Applicant states hand, and, on the other, points in Penn- No. MC 114019 (Sub-No. 227), filed that the requested authority cannot be sylvania, Delaware, Maryland, New January 3, 1972. Applicant: MIDWEST tacked with its existing authority. If a Jersey, New York, Virginia, West, Vir- EMERY FREIGHT SYSTEM, INC., 7000 hearing is deemed necessary, applicant ginia, and the District of Columbia. South Pulaski Road, Chicago, IL 60629. requests it be held at Atlanta, Ga. NOTE: Applicant states that the re- Applicant's representative: Edward G. quested authority can be tacked with -azeon, 39 South La Salle Street, Chi- No. MC 112520. (Sub-No. 255), filed its existing authority, but indicates that cago, IL 60603. Authority sought to op- January 3, 1972. Applicant: McKENZIE it has no present intention to tack and erate as a common carrier, by motor TANK LINES, INC., Post Office Box 1200, therefore does not Identify the points or vehicle, over irregular routes, transport- Tallahassee, FL 32302. Applicant's rep- territories which can be served through ing: Urethane,urethane products, roof- resentative: W. Guy McKenzie, Jr. (same tacking. Persons interested in the tack- ing and roofing materials,building and address as applicant)- Authority sought ing possibilities are cautioned that fail- insulating materials, composition. board to operate as a common carrier,by motor ure to oppose the application may result and gypsum products,and materialsused vehicle, over irregular routes, transport- in an unrestricted grant of authority. If in the installation thereof, from the ing: Phosphaticfeed ingredients,in bulk, a hearing is deemed necessary, applicant plantsite and warehouse facilities of the from the plantsite of Occidental Chem- requests it be held at Washington, D.C. Celotex Corp., at Charleston, IN3., to ical Co. near White Springs, Fla., to points in and east of North Dakota, South points in Illinois. NOTE: Applicant states No. MC 113434 (Sub-No. 49), filed Dakota, Nebraska, Colorado, Oklahoma, that the requested authority cannot be December 29, 1971. Applicant: GRA- and Texas. Nove: Applicant states that tacked with its existing authority. Com- BELL TRUCK LINE, INC., 679 Lincoln the requested authority cannot be tacked mon control may be involved. If a hear- Avenue, Holland, MI 49423. Applicant's with its exisg authority. Common con- ing is deemed necessary, applicant representative: Willhelmina Boersma, trol may be involved. If a hearing is requests it be held at Atlanta, Ga. 1600 First Federal Building, Detroit, MI deemed necessary, applicant requests it 48226. Authority sought to operate as a be held at Chicago, IL No. MC 112801 (Sub-No. 132) (Correc- common carrier, by motor vehicle, over tion), filed December 9, 1971, published irregular routes, transporting: Glass No. MC 114019 (Sub-No. 228), filed FEDERAL REGISTER, issue- of January 13, containers, closures, caps, covers, and ac- January 3, 1972. Applicant: MIDWEST 1972, and republished as corrected this cessories for glass containersand cartons EMERY FREIGHT SYSTEM, INC., 7000 issue. Applicant: TRANSPORT SERV- and Parts when moving in mixed ship- South Pulaski Road, Chicago, IL 60629. ICE CO., a corporation, Post Office Box ments with glass containers, from Law- Applicant's representative: Edward G. 50272, Chicago, IL 60650. Applicant's renceburg, Ind., to points in Michigan. Bazelon, 39 South La Salle Street, Chi- representative: Albert A. Andrin, 29 NoTE: Applicant states that the re- cago, IL 60603. Authority sought to op- South La Salle Street, Chicago, IL 60603. quested authority cannot be tacked with erate as a common carrier, by motor Authority sought to operate as a common its existing authority. f a hearing is vehicle, over irregular routes, transport- carrier, by motor vehicle, over irregular deemed necessary, applicant requests it Ing: feats, meat products and meat by- routes, transporting: Toilet prepara- be held at Chicago, Ill.; Detroit, Mich.; products and articles distributed by tions, in bulk, from the plantsite of or Washington, D.C. meat pac7dnghouses, as described in Ap- Lehn & Fink Products Co., at Lincoln, pendix I to the report in Descriptions Ill., to Selma, Ala. NOTE: The purpose of No. MTC 113843 (Sub-No. 179), filed in Motor CarrierCertificates, 61 M.C.C. this republication is to correct the docket January 3, 1972. Applicant: REFRIG- 209 and 766, from Sioux Falls, S. Dak- to number assigned thereto, in'lieu of MC ERATED FOOD EXPRESS, INC., 316 points in Connecticut, Delaware, Maine, 112989 (Sub-No. 21) which was in error. Summer Street, Boston, MA 02210. Ap- Maryland, Massachusetts, New Hamp- Applicant states that the requested au- plicant's representative: Lawrence T. shire, New Jersey, New York, Ohio,

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2626 NOTICES

Pennsylvania, Rhode Island, Vermont, utilized by U.S. Plywood-Champion INC., 2118 17th Avenue NIW., Rochester, Virginia, and West Virginia. NOTE: Ap- Papers Inc., at Charleston and Orange- IN 55901. Applicant's representative: plicant states that the requested author- burg, S.C., to points in Arkansas, Mis- Paul F. Sullivan, 711 Washington Build- ity cannot be tacked with its existing souri, and Tennessee. Nor: Applicant ing, Washington, D.C. 20005. Authority authority. Common control may be in- states that the requested authority can- sought to operate as a common carrier, volved. If a hearing is deemed necessary, not be tacked with its existing authority. by motor vehicle, over Irregular routes, applicant requests it be held at Chicago, If a hearing is deemed necessary, appli- transporting: Silos, loading and unload- Ill., or Sioux Falls, S. Dak. cant requests it be held at Atlanta, Ga., ing devices, waste storage tanks, live- or Birmingham, Ala. stock scales and feed bunkers, forage No. MC 114211 (Sub-No. 166), filed metering devices, animal waste, sprea(?er December 17, 1971. Applicant: WARREN No. MC 115826 (Sub-No. 234), filed tanks, livestock feeding systems, and TRANSPORT, INC., 324 Manhard Street, December 27, 1971. Applicant: W, J* parts and accessories therefor, from Post Office Box 420, Waterloo, IA 50704. DIGBY, INC., 1960 31st Street, Denver, Kankakee and Eureka, Ill., and Elkorn, Applicant's representative: Charles W. CO 80217. Applicant's representative: Wis., to points in Burt, Casz, Dodge, Singer, Suite 1625, 33 North Dearborn, Ezekial Gomez (same address as appli- Douglas, Otoe, Sarpy, Saunders, and Chicago, IL 60602. Authority sought to cant). Authority sought to operate as a Washington Counties, Nebr. NoTs: Ap- operate as a common carrier, by motor common carrier,by motor vehicle, over plicant states that the requested author- vehicle, over irregular routes, transport- irregular routes, transporting: Cheese ity cannot be tacked with Its existing ing: Lumber, and lumber products, ply- and cheese products and other related authority. If a hearing Is deemed neces- wood, particle board, wallboard, com- dairy products, from Logan, Utah, to sary, applicant requEsts it be held at position board, molding and doors, be- points in Arizona, California, Colorado, Omaha, Nebr., Chicago, Ill., or Wash- tween points in Washington, Oregon, and Idaho, New Mexico, Nevada, Montana, ington, D.C. California on the one hand, and, on the Oregon, Washington, and Wyoming. other, points in North Dakota, South NOTE: Applicant states that the re- No. MC 117119 (Sub-No. 448), filed Dakota, Nebraska, Kansas, Missouri, quested authority cannot be tacked with January 3, 1972. Applicant: WILLIS Iowa, New York, Pennsylvania, Tennes- its existing authority. If a hearing is SHAW FROZEN EXPRESS, INC., Post see, Arkansas, Minnesota, Wisconsin, Illi- deemed necessary, applicant requests it Office Box 188, Elm Springs, AR. 72728. nois, Indiana, Ohio, Michigan, and Ken- be held at Denver, Colo., or Salt Lake Applicant's representative: Bobby G, tucky. Norz: Applicant states that the City, Utah. Shaw (same address as applicant). Au- n requested authority can be tacked with No. MC 115924 (Sub-No. 19), filed thority sought to operate as a comm its existing authority but indicates that carrier, by motor vehicle, over Irregular January 3, 1972. Applicant: SUGAR transporting: (1) Candy and cot- it has no present-intention to tack and TRANSPORT, INC., Post Office Box routes, therefore does not identify the points or fectionery products, except in bulk; (2) 4063, Port Wentworth, GA 31407. Appli- materialsand premium mer- territories which can be served through cant's representative: J. A. KUNDTZ, advertising tacking. Persons interested in the tacking chandise, moving In mixed loads with 1100 National City Bank Building, Cleve- exccpb possibilities are cautioned that failure to land, Ohio 44114. Authority sought to candy and confectionery producks, oppose the application may result in an operate as a contract carrier,by motor commodities In bulk, from Chicago, Ill., unrestricted grant of authority. Appli- vehicle, over irregular routes, transport- to points In Arizona, California, Men- cant further states that no duplicating ing: (1) Foodstuffs; (2) feedstuffs and tna, Nevada, Oklahoma, Oregon, Utah, authority is being sought. If a hearing feed ingredients; and (3) pet foods and and Washington. Nor: Applicant statej is deemed necessary, applicant requests supplies, from Port Wentworth, Ga., to it presently holds authority under It6 it be held at Seattle, Wash., San Fran- Woints in Alabama, Florida, Georgia, Subs 343 to transport candy and confec- cisco, Calif., or Chicago, Ill. Kentucky, North Carolina, South Caro- tionery, from Salt Lake City, Utah, which could possibly be tacked to serve Nviv No. MC 114239 (Sub-No. 30), filed Jan- lina, Tennessee, Virginia, and West Vir- FARRIS TRUCK a continuing contract or Mexico, although tacking Is not Intended. uary 3, 1972. Applicant: ginia, under Common control may be Involved. If a, LINE, a corporation, Faucett, Mo. Appli- contracts with Savannah Foods & Indus- tries, Inc., of Savannah, Ga. NoTE: Com- hearing Is deemed necessary, applicant cant's representative: Warren H. Sapp, requests it be held at Chicago, Ill., or 450 Professional Building, 1103 Grand mon control and dual operations may be Avenue, Kansas City, MO 64106. Au- involved. Applicant states that no dupli- Washington, D.C. thority sought to operate as a contract cating authority is sought. If a hearing No. MC 117119 (Sub-No. 449), filed carrier,by motor vehicle, over irregular is deemed necessary, applicant requests January 10, 1972. Applicant: WILLIS routes, transporting: Dry urea (except it be held at Washington, D.C., or At- SHAW FROZEN EXPRESS, INC., Po.t; in tank vehicles), from the plantsite and lanta, Ga. Office Box 188, Elm Springs, AR 72728, warehouse facilities of Atlas Chemical No. MC 116073 (Sub-No. 216), filed Applicant's reprezentative: Bobby G. Industries located at or near Atlas, Mo., January 6, 1972. Applicant: BARRETT Shaw (same address as applicant). Au- to points in Arkansas, Colorado, Illinois, MOBILE HOME aTRANSPORT, INC., thority sought to operate as a common Iowa, Kansas, Nebraska, and Oklahoma 1825 Main Avenue, Post Office Box 919, carrier, by motor vehicle, over irregular under a continuing contract or contracts Moorhead, MN 56560. Applicant's repre- routes, transporting: Canned chicen, In with W. R. Grace & Co. NOTE: If a hear- sentative: Robert G. Tessar, 1819 Fourth vehicles equipped with mechanical re- ing Is deemed necessary, applicant re- -Avenue South, Moorhead, MN 56560. frigeration, from Hope, Ark., to points In quests it be held at Kansas City, St. Jo- Authority sought to operate as a com- California. Norn: Common control may seph, or Joplin, Mo. mon carrier, by motor vehicle, over be involved. Applicant states that it does No. MC 115162 (Sub-No. 242), filed De- irregular routes, transporting: Trailers not intend to tack this authority, but cember 29, 1971. Applicant: POOLE designed to be drawn by passenger auto- there are tacking possibilities. Persorn TRUCK LINE, INC., Post Office Drawer mobiles, in initial movements; and build- interested in the tacking possibilities art 500, Evergreen, AL 36401. Applicant's ings complete or in sections mounted on cautioned that failure to oppose the ap- representative: Robert E. Tate (same ad- wheeled undercarriages, from points in plication may result In an unrestricted dress as applicant). Authority sought to, Pinal County, Ariz., to points in the grant of authority. If a hearing Is deemed operate as a common carrier,by motor United States (except Alaska and Ha- necessary, applicant requests It be held vehicle, over irregular routes, transport- waiI). NoTE: Applicant states that the at Washington, D.C., or Little Rock, Ark. Ing: (1) Composition board and mold- requested authority cannot be tacked No. MC 117322 (Sub-No. 6), filed Janu- ings; (a) from the plantsite of, and the with its e.fisting authority. If a hearing ary 11, 1972. Applicant: LESTE R NO- facilities utilized by U.S. Plywood-Cham- is deemed necessary, applicant requests VOTNY, doing businers as CHATFIELD pion Papers Inc., at Charleston and it be held at Phoenix, Ariz. TRUCKING, Chatfield, MN 55923. Ap- Orangeburg, S.C., to points in Alabama, plicant's reprezentative: Andrew R. Arkansas, Florida, Louisiana, Mississippi, No. MC 117068 (Sub-No. 16), Ifled Clark, 1000 First National Bank Building, Missouri, Tennessee, and Texas; and (b) December 27, 1971. Applicant: MID- Minneapolis, AIN 55402. Authority sought from the plantsites of, and the facilities WEST HARVESTORE TRANSPORT, to operate as a common carrier,by motor

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 207T

Vehicle, over irregular routes, transport- Georgia, Alabama, Mississippi, Arkan- KINS, SR., doing businezs as EAGLE ing: (1) Frozen foods, from New Ramp- sas, Florida, Misourl, Iowa, Texas, Lou- TRUCKING CO-MPANY, Post Of fice Box ton, Iowa, to points in Minnesota; and isiana, Pennsylvania, New Jersey, and 471, Kllgore, TX 75662. Applicant's rep- (2) materials and supplies used in the New York. NoTE: Applicant states It will resentative: Bernard H. English, 6270 manufacture and processing of frozen tack if feasible or possible with authority Firth Road, Fort Worth, TX 76116. Au- foods, from points in Minnesota to New only in MC 118610. If a hearing is deemed thorty sought to operate as a common Hampton, Iowa. NoTE: Applicant states necessary, applicant requests it be held carrier, by motor vehicle, over irregular that the requested authority cannot be at Louisville, Ky., or Nashville, Tenn. route3, transporting: Desalinizationand tacked with its existing authority. If a water purifying syjstems, nuclear waste hearing is deemed necessary, applicant No. MC 119493 (Sub-No. 88), filed January 7, 1972. Applicant: MONKEM concentrators,water evaporators,and re- requests it be held at Minneapolis, Minn., COMPANY, INC., West 20th Street Road, lated parts vhen moving as a part of the or Chicago, Ill. Post Office Box 1196, Joplin, MTO 64801. same shipment, from the plantsite of No. MC 118034- (Sub-No. 18), filed Applicarit's representative: Ray F. AMF Bealrd, Inc., at Shreveport, La., to January 4, 1972. Applicant: MILLER Kempt (same address as above). Author- polhts in the United States including TRUCK LINE, INC., 901 East 28th ity sought to operate as a common car- 'Alaska (but excluding Hawaii). 1oTE: Street, Fort Worth, TX 76106. Appli- rier, by motor vehicle, over irregular Applicant stats, that the requested au- cant's representative: Morgan Nesbitt, routes, transporting: Animal andi poul- thority cannot be tacked with its existing Post Office Box 275, Austin, TX 78767. try feed, feedstuffs, health and related authority. Applicant further states no Authority sought to operate as a com- products, insecticides and pesticides, duplicating authority sought. If a hear- mon carrier, by motor vehicle, over ir- empty bags and containers, advertising ing is deemed necessary, applicant r- regular routes, transporting: Foodstuffs, matter and premiums; (1) from Kansas quests It be held at Shreveport, La., or from New Orleans, La., to Dallas, Tex. City, Mo.-Kans. commercial zones to Dallas, Tex. NOTE: Applicant states that the re- points in Arkansas, Colorado, Illinois, No. MC 119777 (Sub-No. 232), Iowa, Kansas, flMed De- quested authority can be tacked with its Missouri, Nebraska, and cember 27, 1971. Applicant: LIGON existing authority but indicates thatit Oklahoma; (2) from Genesco, Ill., to SPECIALIZED HAULER, INC, Highway hag no present intention to tack and Norfolk, Nebr.; Storm Lake and Atlantic, 85 East, Post Office Drawer I BAdison- therefore does not identify the points or Iowa; and Kansas City, Mo.-Kans., com- vlle, KY 42431. Applicant's representa- teritories which can be served through mercial zones; and (3) from Norfolk, tive: Nebr., to Ronald E. Butler, Post Office Box tacking. Persons interested in the tack- Geneseo, Il.; Atlantic and 447, Madisonville, -KY 42431. Authority ing possibilities are cautioned that failure Storm Lake, Iowa; and Kansas City, Mo.- sought to operate as a common carrier, Kans. commercial zones. to oppose the application may result in NOE: Appli- by motor vehicle, over irregular routes, an unrestricted grant of authority. Com- cant states that the requested authority transporting: cannot be tacked with Its Guard rail and guard rail mon control may be involved. If a hear- existing au- accessorieu, from Franklin Park, Ill, to ing is deemed necessary, applicant re- thority. Applicant further states that no points in the United States in and east quests it be held at Dallas, Tex., or New duplicating authority is sought. If a hearing of North Dakota. South Dakota, Ne- Orleans, La. is deemed necessary, applicant braslka, requests it be held at Kansas City, Io. Kansas, Oklahoma, and Texas. No. MC 118178 (Sub-No. 11), filed NoT: Applicant also holds contract car- December 31, 1971. Applicant: BILL No. M6C 119493 (Sub-No. 89), filed rier authority under MC 126970 and subs, MEEKER, 1733 North Washington, Post January 7. 1972. Applicant: MONKEM therefore dual operations and common Office Box 11184, Wichita, KS 67202. COMPANY, INC., West 20th Street Road, control may be Involved. Applicant states Applicant's representative: Gailyn L. Post Office Box 1196, Joplin, MO 649801. that the requested authority cannot be Larsen, 521 South 14th Street, Post Office Applicant's representative: Ray F. tacked with its existing authority. If a Box 80806, Lincoln, NE 68501. Authority Kempt (same address as above). Author- hearing Is deemed necessary, aplicant sought to operate as a common carrier, ity sought to operate as a common car- requests it be held at Louisville, Ky, or by motor vehicle, over irregular routes, rier, by motor vehicle, over Irregular Nashvdlle, Tenn. transporting: Meat, meat products, meat routes, transporting: (1) Such commodi- No. MC ties as are 119934 (Sub-No. 175), filed byproducts, and articles distributed by manufactured and dealt In by January 4, 1972. Applicant: ECOFF meat packinghouses (except hides), from chemical companies (except commodities TRUCKING, INC., 625 East Broadway, Wichita, Kans., to points in Illinois, In- in bulk, in tank or hopper type vehicles) Fortville, IN between plantsltes, producing points, and 46040. Applicant's repre- diana, Ohio, West Virginia, Virginia, sennative: Robert W. Loser I, 1001 Tennessee, Kentucky, North Carolina, warehouse facilities of Chemagro Corp. Chamber of Commerce Building, Indian- South Carolina, Alabama, Georgia, located at Kansas City, Mo.-Kans., points apolis, Ind. 46204. Authority sought to Florida, Mississippi, and Louisiana. in Colorado, Iowa, South Carolina, Texas, operate as a comm carrier,by motor NoTE: Applicant states that the re- Alabama, and Georgia, on the one hand, vehicle, over irrgular routes, quested authority cannot be tacked with and, on the other, points in Alabama, transport- 'its existing authority. Applicant holds Arkansas, Iowa, linols, Georgia, Kan- lng: Sugar, dry in bulk, from points in contract carrier authority under MC sas, Louisiana, Mississippi, Minnesota, Louisiana to points in Alabama, Louisi- 110064, therefore dual operations and Missouri, Nebraska, Oklahoma, Texas, ana, Mississippl, Tenneee, Arkansas, common control may be involved. If a and Wisconsin; and (2) returned and re- and Texas (except from points in St. hearing is deemed necessary, applicant jected shipments and equipment, mate- Bernard' Parish, La., to points in Ala- requests it be held at Wichita, Kans. rials, and supplies used in the manufac- b,uma, Louisiana, Mississippi, and Ten- ture and distribution of commodities nessee). Nor: Applicant now holds No. MC 118610 (Sub-No. 15), filed contract carrier authorit under its No. December 20, 1971. Applicant: described in (1) above (except commodl- L & B ties in bulk, in tank or hopper vehicles), MC 128161 and subs, therefore dual EXPRESS, INC., Post Office Box 281,. operations may be involved. Common Owensboro, KY 42301. Applicant's repre- on return. NoTE: Applicant states that the requested authority cannot be tacked control may also be involved. Applicant sentative: Fred F. Bradley, Courthouse, states that the requested authority can- Frankfort, Ky. 40601. Authority sought with its existing authority. Appleant not be tacked with I existing authority. to operate as a common carrier,by motor further states that no duplicating au- thority is sought. If a hearing is deemed If a hearing is deemed necessary, aPpli- vehicle, over irregular routes, transport- cant requests It be held at Indianapolis ing: Iron and steel articles, tubing necessary, applicant requests It be held nd., New Orleans, La.. or Washington, plastic;steel and soil pipe; tanks; plumb- at Kansas City, Mo. D.C. ing goods and supplies; hand tools, power No. MC 119774 tools; and building materials, between (Sub-No. 36), fled No. MC 123639 (Sub-No. 142), filed No- Bowling Green, Ky., on the one hand, January 5, 1972. Applicant: MARY vember 22,1971. Applicant: J. B. MONT- and, on the other, points in Illinois, In- ELLEN STIDHAM, N. X. STIDHAM, GOMERY, INC., 5150 Brighton Boule- diana, Ohio, Wisconsin, West Vir- A. E. MANKINS (INEZ MANKINS, vard, Denver, CO 80216. Applicant's ginia, Minnesota, Michigan, Tennessee, EXECUTRIX) AND JAES E. MAN- representative: John P. DeCock (same

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2628 NOTICES address as applicant). Authority sought SEN TRUCKING CO., a corporation, the facilities of Jadair, Inc., at Port to operate as a common carrier,by motor 2405 Hiway Boulevard, Spencer, IA 51301. Washington, Wis., on the one hand, and, vehicle, over irregular routes, transport- Applicant's representative: Marshall on the other, points in the United Statoa Ing: Meats, meat products and meat by- Becker, 530 Univac Building, 7100 West including Alaska (but excluding ia- products, and articles distributedby meat Center Road, Omaha, NE 68106. Author- wail). No=u: Applicant st ateo that the Packinghouses, as described in sections ity sought to operate as a common car- requested authority cannot be tacked A and C of appendix" I to the report in rier, by motor vehicle, over irregular with its existing authority. If a hearing Descriptions in Motor Carrier Certifi- routes, transporting: Petroleum prod- is deemed necessary, applicant reque.,to cates, 61 M.C.C. 209 and 766; (1) from ucts, vehicle body sealer, and sound it be held at Chicago, Ill., Madison, Wls,, the. plantsite and storage facilities of deadening compounds in packages or or Washington, D.C. American Beef Packers, Inc., at or near containers, from the plantsite and ship- No. MC 125433 (Sub-No. 32), filed Fort Morgan, Colo., to points in Connect- ping facilities of the Quaker State Oil December 23, 1971. Applicant: F-B Icut, Delaware, Maine, Maryland, Massa- Refining Corp., at or near Congo (Han- TRUCK LINE COMPANY, a corpora- chusetts, New Hampshire, New Jersey, cock County), W. Va., to points in Iowa, tion, 1891 West 2100 South St-rcet, Salt New York, Pennsylvania, Rhode Island, Michigan, Minnesota, North Dakota, Lake City, UT 84119. Applicant's repre- Vermont, Virginia, and the District of Oklahoma, South Dakota, and Texas. sentative: David J. Lister (same address Columbia; and (2) from the storage NoTE: Applicant states that the requested as applicant). Authority sought to oper- facilities of American Beef Packers, Inc., authority cannot be tacked with its exist- ate as a common carrier, by motor ve- at Denver, Colo., to points in Connecticut, ing authority. Common control and dual hicle, over Irregular routes, transport- Delaware, Illinois, Indiana, Maine, Mary- operations may be involved. If a hearing Ing: Limestone and limestone products land, Massachusetts, Michigan, Missouri, is deemed necessary, applicant requests (other than bulk), from points In Tooelo New Hampshire, New Jersey, New York, it be held at Chicago, Il., or Omaha, County, Utah, to points In California, Ohio, Pennsylvania, Rhode Island, Ver- Nebr. Nevada, Idaho, Wyoming, Montana, Ore- mont, Virginia, Wisconsin, and the Dis- No. MC 124211 (Sub-No. 207), filed gon, Washington, and Arizona. NoTE. trict of Columbia, restricted against January 10, 1972. Applicant: HILT Applicant holds temporary contract au- service from Denver, Colo., to points in TRUCK LINE, INC., Post Office Box 988 thority under MC 133128 Sub-No. 3 TA. Illinois north of a line beginning at the D.T.S., Omaha, NE 68101. Applicant's Common control may be involved. Ap- Ilinois-Missouri State line from a point representative: Thomas L. Hilt (same plicant states that the requested author- directly west of Springfield, Ill., and ex- address as applicant). Authority sought ity cannot be tacked with Its existing tending through Springfield to the Illi- to operate as a common carrier,by mo- authority. If a hearing is deemed nece;- nos-Indiana State line. NOTE: Applicant tor vehicle, oyer irregular routes, trans- sary, applicant requests It be held at states that the requested authority can- porting: Foods, food products, and grain Salt Lake City, Utah, or Washington, not be tacked with its existing authority. products, from points In Lancaster D.C. If a hearing is deemed necessary, appli- County, Nebr., to points in Alabama, No. MC 125441 (Sub-No. 3), filed cant requests it be held at Denver, Colo. Florida, Georgia, North Carolina, South December 28, 1971. Applicant: ERNEST 20), filed Carolina, and Bells, Humboldt, Jackson, D'ANGELO, Main Street, Reserve Minev, No. MC 124004 (Sub-No. Milan, and Memphis, Tenn. NOTz: Ap- January 11, 1972. Applicant: RICHARD that tacking can be made Cape Breton, Nova Scotia, Canada, Ap- DAHN, INC., Rural Delivery 1, Sparta, plicant states plicant's representative: KennQth B. representative: with existing authorities, although not N.J. 07871. Applicant's all tacking possibilities are feasible due Williams, 111 State Street, Boston, MA George A. Olsen, 69 Tonnele Avenue, involved. Applicant further 02109. Authority sought to operate as D Jersey City, NJ 07306. Authority sought to circuitry common carrier,by motor vehicle,, over by mo- states that no duplicating authority is Banana, to operate as a common carrier, sought. If a hearing is deemed necessary, irregular routes, transporting: tor vehicle, over irregular routes, trans- it be held at Lincoln, from Albany, N.Y., to ports of entry on porting: Animal and poultry feed, dry, applicant requests the international boundary line between and dry animal and poultry feed ingredi- Nebr. the United States and Canada at or near ents, from Secaucus, Kearny, Jersey No. MC 124813 (Sub-No. 88), filed Houlton and Calais, Maine, restricted to City, and Newark, N.J.; New York, N.Y., January 3, 1972. Applicant: UMTHUN shipments destined to points in Canada, and points in Nassau County, N.Y., to TRUCKING CO., a corporation, 910 NoTE: Applicant states that the re- points in Connecticut, Massachusetts, South Jackson, Eagle Grove, IA 50533. quested authority cannot be tacked with Rhode Island, Vermont, New Hampshire, Applicant's representative: William L. its existing authority. If a hearing Is and Maine. NoTE: Applicant states that Fairbank, 900 Hubbell Building, Des deemed necessary, applicant requests It the requested authority cannot be tacked Moines, Iowa 50309. Authority sought to be held at Boston, Mass. with its existing authority. If a hearing operate as -a common carrier, by motor is deemed necessary, applicant requests vehicle, over irregular routes, transport- No. MC 126305 (Sub-No. 36), filed No- it be held at New York, N.Y. ing: Dry feed, from Muscatine, Iowa, to vember 8, 1971. Applicant: BOYD NomE: Applicant BROTHERS TRANSPORTATION CO., No. MC 124078 (Sub-No. 507), filed points in Kentucky. INC., Rural Delivery 2, Clayton, Ala. SCKWER- holds contract carrier authority under January 3, 1972. Applicant: MC 118468 and subs, therefore, dual oP- 36016. Applicant's representative: George MAN TRUCKING CO., a corporation, 611 A. Olsen, 69 Tonnele Avenue, Jersey City, South 28th Street, Milwaukee, WI 53246. erations may be involved. If a hearing is NJ 07306. Authority sought to operate as representative: James R. deemed necessary, applicant requests it Applicantli at Des Moines, Iowa, or Chicago, a common carrier,by motor vehicle, over Ziperskl (same address as applicant). be held irregular routes, transporting: Office Authority sought to operate as a com- Ill. furniture and equipment, from points In mon carrier,by motor vehicle, over ir- No. MC 124947 (Sub-No. 13), filed North Carolina and Temple, Tex,, to regular routes, transporting: Liquid December 20, 1971. Applicant: MACHIN- points in Alabama, Georgia, and Florida. fertilizer, in bulk, in tank vehicles, from ERY TRANSPORTS, INC., 608 Cass NoTE: Applicant states that the re- Ill., to points in Indiana and La Salle, Street, Post Office Box 2338, East Peoria, quested authority cannot be tacked with Wisconsin. NOTE: Applicant states tack- IL 61611. Applicant's representative: ing possible but not presently intended. Max G. Morgan, 600 Leininger Building, Its existing authority. If a hearing Is Persons interested in the tacking possi- Oklahoma City, Okla. 73112. Authority deemed necessary, applicant requests It bilities are cautioned that failure to op- sought to operate as a common carrier, be held at Birmingham, Ala,, or Wash- pose the application may result in an by motor vehicle, over irregular routes, ington, D.C. unrestricted grant of authority. Common transporting: Commodities, the trans- control may be involved. If a hearing is portation of which because of size or No. MC 127219 (Sub-No. 5), filed De- deemed necessary, applicant requests it weight require the use of special equip- cember 30, 1971. Applicant: IERB AIR be held at Chicago, Ill. ment, and related parts and accessories FREIGHT CORPORATION, Box 213, No. MC 124174 (Sub-No. 89), flied when their transportition is incidental Lancaster, PA 17604. Applicant's repre- December 29, 1971. Applicant: MOM- to the foregoing commodities, between sentative: Christian V. Graf, 407 North

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2629

NoTE: Applicant states boldt, Post Office Box 189, Fort Scott, Au- IPennsylvania. S 66701. Applicant's representative: Front Street, Harrisburg, PA 17101. authority cannot be to "operate as a common hat the requested Danny Ellis (same address as applicant). thority sought with its existing authority. If a vehicle, over irregular t-acked Authority sought to operate as a com- carrier, by motor is deemed necessary, applicant transporting: General commodi- 1iearing mon carrier, by motor vehicle, over ir- routes, requests it be held at Columbia, S.C., or and B explosives, regular routes, transporting: Scrap ties (except classes A Washington, D.C. alumi- household goods as defined by the Com- metal, recycled metal, castings, mission, commodities in bulk, commodi- No. MC 128218 (Sub-No. 3), filed num, copper, lead, zinc, steel and molyb- ties requiring special equipment, and January 3, 1972. Applicant: JERSEY denum, between the plantsite and those injurious or contaminating to AREA FOOD TRANSPORT, INC., 528 storage facilities of Central Non-Ferrous, other lading), having a prior or subse- North Michigan Avenue, Kenllworth, NJ Inc., at or near Fort Scott, Kans., and quent movement by air, between points 07033. Applicant's representative: points in the United States (except in Berks County, Pa., on the one hand, George A. Olsen, 69 Tonnele Avenue, Alaska and Hawaii). NoTE: Applicant can- and, on the other, Philadelphia Interna- Jersey City, NJ 07306. Authority sought states that the requested authority tional Airport at Philadelphia, Pa. NOTE: to operate as a common carrier,by motor not be tacked with its existing authority. Applicant states that the requested au- vehicle, over Irregular routes, transport- If a hearing is deemed necessary, appli- Washington, thority under MC 127219 (Sub-No.'3) ing: Food and food Products, meats, cant requests It be held at from points in Berks County to Lancas- packinghouse products, and commodities D.C., or Kansas City, Mo. in ter, Pa., and under (Sub-No. 1) from used by packinghouses, as described 128302 (Sub-No. 9), filed in Descriptions No. MC points in Lancaster County, Pa., includ- appendix I to the report January 3, 1972. Applicant: THE MAN- ing Lancaster, to Philadelphia Interna- in Motor Carrier Certificates, 61 M.C.C. TRANSIT COMPANY, and FREDI MOTOR tional Airport, and it is to eliminate this 205 and 766, and materials,supplies, Route 87, Newbury, OH (ex- a corporation, circuitous movement that the instant ap- equipment used in food processing representative: John bulk), between 44065. Applicant's plication is being filed. Common control cept commodities In 100 East Broad Street, Co- N.Y., commer- P. McMahon, may be involved. Applicant further states points in the New York, lumbus, OH 43215. Authority sought to that tacking of the requested authority cial zone, as defined by the Commission. a common carrier, by motor re- operate as with its existing authority is possible NOTr: Applicant states that the over Irregular routes, transport- herein Is to be vehicle, but not feasible and is not sought. If a quested authority sought concrete admixtures, in bulk. City, N.J., with exist- ing: Liquid hearing is deemed necessary, applicant tacked at Jersey tank vehicles, from Danbury, Conn., or permit a through serv- in requests it be held at Harrisburg, Pa., ing authority to to points in Maine, New Hampshire, Ver- is deemed necessary, ap- Washington, D.C. ice. If a hearing mont, Massachusetts, New York, Rhode plicant requests It be held at New York, Dela- No. MC 127692 (Siib-No. 2), filed De- Island, Pennsylvania, New Jersey, N.Y., or Washington, D.C. West Virginia. cember 30, 1971. Applicant: FIDELITY ware, Maryland, Virginia, STORAGE CORPORATION, doing busi- No. MC 128273 (Sub-No. 120), filed Ohio, Kentucky, Tennessee, North Caro- the District of ness as FIDELITY STORAGE COM- December 27, 1971. Applicant: MID- lina, South Carolina, and PANY, Post Office Box 10257, Alexandria, WESTERN EXPRESS, INC., 121 Hum- Columbia. NoTE: Applicant states that cannot be tacked VA 22310. Applicant's representative. boldt, Post Office Box 189, Fort Scott, the requested authority Paul F. Sullivan, 711 Washington Build- KS 66701. Applicant's representatlve: with Its existing authority. Applicant ing, 15th and New York Avenue NW., Danny Ellis (same address as applicant). holds contract carrier authority under dual op- Washington, D.C. 20005. Authority Authority sought to operate as a common MC 112184 and Subs, therefore hearing is sought to operate as a common carrier, carrier, by motor vehicle, over irregular erations may be involved. If a paper requests it by motor vehicle, over irregular routes, routes, transporting: Paper and deemed necessary, applicant transporting: Household goods as de- articles, from points in Chatham County, be held at Columbus, Ohio. Maine, New Hampshire. fined by the Commission, between points Ga., to points in No. MC 128648 (Sub-No. 9), filed in Washington. D.C.; Prince Georges, Vermont, West Virginia, Pennsylvania. 30, 1971. Applicant: TRANS- Island, Connecticut, December Montgomery, Howard, Anne Arundel, New York, Rhode UNITED, INC., 1226 West Chicago Ave- New Jersey, Maryland. Baltimore (including the city of Balti- Massachusetts, nue, East Chicago, IN 46312. Applicant's and Frederick Counties, Md., and Delaware, and the District of Columbia. William J. Lippman, more) the re- representative: Fairfax, Arlington, Prince William, Lou- NOTE: Applicant states that NW., Washing- tacked with Suite 960, 1819 H Street and Stafford Counties, Va., and the quested authority cannot be Authority sought to op- doun, If a hearing Is ton, DC 20006. cities of Alexandria and Falls Church. its existing authority. as a contract carrier, by motor applicant requests It erate Va., restricted to the transportation of deemed necessary, over irregular routes, transport- Washington, D.C. vehicle, traffic having a prior or subsequent be held at Ing: Metal and plastic products manu- movement, in containers beyond the No. MC 128273 (Sub-No. 122), filed factured by Atlas Fabricators, Inc., of points authorized and further restricted December 30; 1971. Applicant: MID- Long Beach, Calif, and materials,equip- to the performance of pickup and deliv- WESTERN EXPRESS, INC., Box 189, ment, and supplies utilized in the manu- ery service in connection with packing, Fort Scott, KS 66701. Applicant's repre- facture, sale, and distribution of these crating, and containerization or unpack- sentative: Danny Ellis (same address as commodities, between the plantsites and ing, uncrating, and decontainerization applicant). Authority sought to operate facilities utilized by Atlas Fabricators, Of such traffic. NOTE: Applicant states as a common carrier, by motor vehicle. Inc., Its divisions and affiliates, located that no duplicating authority is sought. over irregular routes, transporting: (1) in Los Angeles and San Bernardino If a hearing is deemed necessary, appli- Paper and paper products, from Savan- Counties. Calif, on the one hand, and, cant requests it be held at Washington, nah, Ga., to points in New Mexico, Ari- on the other, points in the United States D.C. zona, Colorado, Nevada, Utah, California, (except Alaska and Hawaii). Restric- MC 127844 (Sub-No. 19), filed Oregon, Washington, Idaho, Montana, tion: The operations authorized herein No. Da- January 3, 1972. Applicant: L. B. BARN- Wyoming, North Dakota, and South are restricted against the transportation in bulk), which, HILL AND I. S. JOHNSON, JR., a part- kota; and (2) chemicals (except of commodities in bulk and those & J TRANS- from Savannah, Ga., Valdosta, Ga., and by reason of size or weight require special nership, doing business as B limited 416 South Main Street, Jacksonville, Fla., to points in the above- equipment. Said operations are PORTATION, per- Box 334, Sumter, SC 29150. named States. NOTE: Applicant states to a transportation service to be Post Office contract or Applicant's representative: I. S. Johnson, requested authority cannot be formed under a continuing that the Inc., Jr. (same address as applicant). Author- contracts, with Atlas Fabricators, tacked with its existing authority. If a and affiliates, ity sought to operate as a common car- its divisions, subsidiaries, hearing is deemed necessary, applicant under contract with Atlas Fabricators, vehicle, over irregular rier, by motor requests it be held at Washington, D.C. Inc., of Long Beach, Calif. Norz: If a routes, transporting: New furniture, No. MC 128273 (Sub-No. 123), fled hearing is deemed necessary, applicant from Nichols, S.C., to points in Connecti- requests It be held at Los Angeles, Calif., December 27, 1971. Applicant: M - cut, Massachusetts, New Hampshire, or Washington, D.C. WESTERN EXPRESS, INC., 121 Hum- Rhode Island, New Jersey, New York, and

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2630 NOTICES

No. MC 128902 (Sub-No. 5), filed De- tct with Avon Products, Inc,, of Rye. and in bags, from Melgs, Ga., to pointo cember 22, 1971. Applicant: SCHOEN- N.Y. NoTE: Common control may be in- in Alabama, Delaware, Florida, Ken- EGGE, INC., Route 20 East, Box 525, volved. If a hearing is deemed necessary, tucky, Maryland, North Carolina, New Norwalk, OH 44857. Applicant's repre- applicant requests it be held at Washing- Jersey, New York, Ohio, Pennsylvania, sentatives: Richard H. Brandon and t9n, D.C, New York, N.Y., or Boston, South Carolina, Tennessee, Virginia, vnd James Duvall, 79 East State Street, Co- Mass. West Virginia, under contract with lumbus, OH 43215. Authority sought to Waverly Mineral Products Co. No=: If operate as a contract carrier, by motor No. MC 133655 (Sub-No. 53), filed Jan- uary 4, 1972. Applicant: TRANS-NA- a hearing is deemed nece.sa.ry, applicant vehicle, over irregular routes, transport- requests it be held at Atlanta, Ga. ing: Truck cab assemblies and parts TIONAL TRUCK, INC., Post Office Box thereof, from the plantsite of Scheller- 4168, Amarillo, TX 79105. Applicant's No. MC 134922 (Sub-No. 22), filed Globe Corp., Norwalk Assembly Division, representative: Charles Singer, 33 North December 27, 1971. Applicant: B, J. Norwalk, Ohio, to Cortland, N.Y., re- Dearborn, Chicago, IL 60602. Authority M ADAMS, INC., Route 6, Box 15, North turned shipments of truck cab assemblies sought to operate as a common carrier, Little Rock, AR 72118. Applicant's repre- and parts thereof, and other shipping de- by motor vehicle, over irregular routes, sentative: George Harris (same addre: vices, from Cortland, N.Y., to the plant- transporting: Floor coverings, from Nor- as applicant). Authority sought to oper- site of Scheller-Globe Corp., Norwalk wood, Mass., to points in Colorado, ate as a common carrier, by motor ve- Assembly Division, Norwalk, Ohio, under Kansas, Oklahoma, Missouri, Arkansas, hicle, over Irregular routes, transport- Louisiana, Mississippi, and Alabama. ing: Frozen bakery products and Iro:cfn contiact with Scheller-Globe Corp., NOTE: Applicant states that the nondairy milk and cream substitutes, -Norwalk Assembly Division. NOTE: If a requested hearing is deemed necessary, applicant authority could be tacked with various from Appleton, Wis., to points In Ola- requests it be held at Columbus, Ohio. subs of MC 133655 and applicant will tack homa, Texas, and Arkansas. Nova: Ap- its MC 133655 where feasible. Applicant plicant states that the requested author- No. MC 129018 (Sub-No. 3) (Amend- has various duplicative items of author- ity cannot be tacked with Its existing au- ment), filed August 18, 1971, published in ity under various subs but does not seek thority. If a hearing Is deemed necessary, the FEDERAL REGISTER issues of October duplicative authority. Common control applicant requests It be held at Chicago, -15, 1971 and December 9, 1971, and re- may be involved. If a hearing is deemed nl. published as amended, this issue. Appli- necessary, applicant requests it be held No. 'MC 135363 (Sub-No. 3), filed cant: DARRELL D. WYLIE, 623 Burling- at Dallas, Tex. ton, Holdrege, NE 68949. Applicant's rep- January 3, 1972. Applicant: CONSOLI- resentative: Charles J. Kimball, 605 No. MC 134693 (Sub-No. 2), filed DATED PACKAGE DELIVERY, INC., South 14th Street, Post Office Box 82028, January 5, 1972. Applicant: DORSEY Post Office Box 50926, Now Orleans, Lincoln, NE 68501. Authority sought to FOOKS, 4925 DiMalo Street, Brook- LA 70150. Applicant's representative: operate as a contract carrier,by motor haven, Delaware County, PA 19015. Ap- Prank D. Hall, Suite 713, 3384 Peachtree vehicle, over irregular routes, transport- plicant's representative: Robert James Road, NE., Atlanta, GA 30326. Authority ing: Ice cream novelties, from Los Gatos Jackson, Fifth and Welsh Streets, sought to operate as a common carrlcr, and San Jose, Calif., to Salt Lake City, Chester, PA 19013. Authority sought to by motor vehicle, over Irregular route., Utah; Denver, Colo., and points in operate as a contract carrier,by motor transporting: (1) Cleaning compounds, Nebraska; and (2) yogurt, from Salt vehicle, over irregular routes, transport- waxes, polishes, brushes, handles, gift Lake City, Utah, to Denver, Colo., and ing: Uncrated appliances, uncrated new items, cosmetics, premiums, and (2) points In Nebraska, under contract with furniture, including lamps and rugs, un- merchandise, equipment, and suppliev, Beatrice Foods Co. NOTE: The purpose of crated law mowers, uncrated paneling, sold, used or distributed by a manufac- this republication is to redescribe the au- and uncrated pools, excluding commodi- turer of home products, from New Or- thority sought. If a hearing is deemed ties in bulk, in tank vehicles, explosives, leans, La., to Iberia, St. Mary, lTerville, necessary, applicant requests it be held at and those injurious or contaminating to part of St. Martin, Assumption, Ascen- Lincoln or Omaha, Nebr. other lading, beginning at the Pennsyl- sion, Livingston, East Fellclana, St. vania-Delaware State line at its inter- Helena, Tangipohoa, St. James, Terre- No. MC 129184 (Sub-No. 8), filed De- section with Route 202, thence along the bonne, Lafourche, St. Charles, St. Tam- cember 27, 1971. Applicant: KEN- Pennsylvania-Delaware State line to the many, St. John The Baptist, Orleans, ETh L. KELLAR, Post Office Box 449, Maryland-Delaware State line, thence Jefferson, St. Bernard, and Plaqueminet Blaine, WA 98230. Applicant's repre- along the Maryland-Delaware State line, Parishes, La.; and Jefferson, Adanm, sentative: Joseph 0. Earp, 411 Lyon to the Sassafras River; thence following Wilkinson, Franklin, Amite, Lincoln, Building, 607 Third Avenue, Seattle, WA the Sassafras River and across the Pike, Lawrence, Walthall, Jefferson 98101. Authority sought to operate as a Chesapeake Bay to Aberdeen, Md.; Davis, Marion, Covington, Lamar, Jones, contract carrier, by motor vehicle, over thence along Route 22 out of Aberdeen, Forrest, Perry, Wayne, Greene, Stone, irregular routes, transporting: Liquor, Md., to Route 136; thence along Route Pearl River, Hancock, Harrison, George, alcoholic, from Schenley, Pa.; Cincin- 136 to its intersection with Route 1; and Jackson Counties, Miss. Nor: If a nati, Ohio; and Clermont, Ky.; to Hi- thence along Route 1 to its intersection hearing Is deemed necessary, applicant dalgo, Laredo, Del Rio, El Paso, Eagle with Route 202; thence along Route 202 requests it be held at Washington, D.C, Pass, Galveston, Roma, Corpus Christi, to its junction with the Pennsylvania- or New Orleans, La. and Presidio, Tex., and Nogales, Ariz., Delaware State line, the place of begin- No. MC 135733 (Sub-No. 2), filed Jan- under contract with Exports, Inc. NoTE: ning; and the return of refused or uary 3, 1972. Applicant: LETCO BULMI If a hearing Is deemed necessary, appli- damaged merchandise from the said ter- CARRIERS, INC., 1751 Fuhrman Boule- cant requests it be held at Seattle, Wash. ritories to the, point of origin at said vard, Buffalo, NY 14203. Applicants rep- No. MC 129973 (Sub-No. 4), filed De- retail outlet, under contract with W. T. resentative: Robert D. Gunderman, Suite cember 30, 1971. Applicant: F1ELD Grant Co. NOTE: If a hearing is deemed 1708 Statler Hilton, Buffalo, N.Y. 14202, MARKETING SERVICES, INC., 825 necessary, applicant requests it be held at Authority sought to operate as a common Third Avenue, Also mail: 466 Lexington Media, Delaware County or Chester, carrier,by motor vehicle, over Irregular Avenue, New York, NY 10022. Applicant's Delaware County, Pa. routes, transporting: Cement, in bull: representative: William J. IAppman, No. MC 134717 (Sub-No. 1), filed and in bags, from port.: of entry on the 1819 H Street, NW., Suite 960, Washing- January 4, 1972. Applicant: DONALD 1. international boundary line between the ton, DC 20006. Authority sought to op- MARSHALL, Post Office Box 115, Reids- United States and Canada located on erate as a contract carrier,by motor ve- ville, SC 29375. Applicant's representa- the Niagara River, to points In New York hicle, over Irregular routes, transporting: tive: Mitchell King, Jr., Post Office Box NoTE: Applicant states that tacking Is Merchandise, equipment, and supplies, possible at the plantslte in Buffalo, N.Y., 1628, Greenville, SC 29602. Authority and would authorize service to points In sold, used, or distributed by a manufac- sought to operate as a contract carrier, Erie, Warren, McKean, Potter, Cameron, turer of cosmetics between points in by motor vehicle, over irregular routes, Elk, Forest, Venango, and Crawford Massachusetts, under a continuing con- transporting: Clay products, in packages Counties, Pa. However, at present time

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2631

no tacking is intended. Applicant fur- Rust Building, Tacoma, Wash. 98402. Dairy products, and byproducts, frozen ther states that no duplicating authority Authority sought to operate as a common food, frozen meats and fish, from Brad- is being sought. If a hearing is deemed carrier,by motor vehicle, over Irregular head and Monroe, Wis., to points in the necessary, applicant requests it be held at routes, transporting: New and used auto- United States (except Alaska and Ha- Buffalo, N.Y. mobiles, by truckaway service, beti'ecn wail), materials and supplies on return, No. MC 135741 (Sub-No. 2), filed Jan- points in Washington, Idaho, Montana, under contract with Roy's Sanitary uary 11, 1972. Applicant: EARL R. MAR- Oregon, and California, on the one hand, Dairy, Inc.; Lugano Cheese Co., Inc.; TIN, Post Office Box 3, East Earl, PA and, on the other, Phoenix, Ariz., and Monroe Dried Milk Products Co.; and 17519. Applicant's representative: John Salt Lake City, Utah. NOTE: If a hearing Brodhead Cheese & Cold Storage Co. M. Musselman, 400 North Third Street, is deemed necessary, applicant requests Nora: If a hearing is deemed necessary, Harrisburg, PA 17108. Authority sought it be held at Seattle, Wash.; Portland, applicant requests it be held at Ladison to operate as a common carrier,by motor Oreg., or San Francisco, Calif. or Milwaukee, Wis. vehicle, over irregular routes, transport- No. MC 136087 (Sub-No. 1), filed No- No. MC 136211 (Sub-No. 1), fled ing: Dry fertilizer and dry fertilizer in- vember 22, 1971. Applicant: JAMES E. January 3. 1972. Applicant: MER- gredients, from points in Prince George CHELF, WILLIAM F. SHARP, JR., CHANTS HOME DELIVERY SERVICE, County, Va., to points in Chester and ALVIN C. ELLIO'IT, AND LOY GENE INC., 210 G. St. Mary's Drive, Oxnard, Lancaster Counties, Pa. NOTE: Applicant -COKER, a partnership, doing busine-s as CA 93030. Applicant's representative: states that the requested authority can- JIM CHE=F AND ASSOCIATES, 5226 GreZory M. Rebman, 1230 Boatman's not be tacked with its existing authority. Brighton Building, Denver, Colo. 80210. Bank Building, St. Louis, M.O 63102. Au- If a hearing is deemed necessary, appli- Applicant's representative: John J. Con- thority sought to operate as a contract cant requests it be held at Harrisburg, way, 946 Metropolitan Building, 1612 carrier,by motor vehicle, over irregular Pa., or Washington, D.C. Court Place, Denver, CO 80202. Author- routes, transporting: New furniture. No. MC 135786 (Sub-No. 3), filed De- ity sought to operate as a contract car- crated and uncrated, under a continuing cember 20, 1971. Applicant: NORRIS E. rier, by motor vehicle, over irregular contract with Levitz Furniture Corp, BASS, doing business as N. E. BASS, 9223 routes, transporting: Limestone and from points in St. Louis County, Mo., to Timberlake Road, Lynchburg, VA 24502. limestone products in bulk and in bags, points in Illinois, on and south of US. Authority sought to operate as a com- from points in Larimer County, Colo., to Highway 24 to junction U.S. Highway mon carrier, by motor vehicle, over ir- points in .Wyoming, Nebraska, and New 136, thence to junction U.S. Highway 51, regular routes, transporting: New furni- Mexico, under contract with Colorado and on and west of US. Highway 51 to ture, from Altavista and Rocky Mount, Lien Co. NoTE: Common control may be junction MIinols Highway 146, thence on Va., to points in Arizona, California, involved. If a hearing is deemed nec- and north of Illinois Highway 146 to the Nevada, and Utah. NOTE: If a hearing is essary, applicant requests It be held at Ililnois-Missouri State line, under con- deemed necessary, applicant requests it Denver, Colo. tract with Levitz Furniture Co. NOTE: If be held at Washington, D.C. a hearing is deemed necessary, applicant No. MC 136167, filed November 2, 1971. requests it be held at St. Louis, Mo. No. MC 135949 (Sub-No. 1), led De- Applicant: BILL RACKLEY TRUCK- cember 27, 1971. Applicant: 0. H. BALD- ING, INCORPORATED, 3755 Munford No. MC 136279 (Sub-No. 2), filed RIDGE AND SONS, INC., Highway 161 Avenue, Stockton, CA 95106. Applicant's December 30, 1971. Applicant: J. H. East, Box 289, Centralia, IL 62801. Appli- representative: Pete H. Dawson, 4453 WARE, Post Office Box 398, Fulton, MO cant's representative: Robert T. Lawley, East Piccadilly Road, Phoenix, AZ 85018. 65251. Applicant's representative: Dale E. 300 Reisch Building, Springfield, Ill. Authority sought to operate as a contract Sporlfder, 614 Central Trust Building 62701. Authority sought to operate as a carrier, by motor vehicle, over Irregular Jefferson City, Mo. 65101. Authority contract carrier, by motor vehicle, over routes, transporting: Iron, steel and alu- sought to operate as a contract carrier, irregular routes, transporting: Pre- minum; prefabricatediron, steel and alu- by motor vehicle, over irregular routes, stressed and precast concrete products, minum products, including prefinished transporting: Meats, meat products and from Centralia, 11., to points in Indiana, products; insulation; construction tools meat by products, and articles distributed Kentucky, and Missouri, under contract and equipment; machinery and equip- by meat pacAinghouses, as described in with Nelsen Concrete Products, Inc., Cen- ment, wed and useful in the erection of sections A and C of appendix I to the tralia. Ill. NOTE: If a hearing is deemed structures;heavy and cumbersome com- report in Descriptions in Motor Carrier necessary, applicant requests it be held modities; roofing and sheathing, asbes- Certificates, 61 M.C.C. 209 and 766 (ex- at St. Louis, Mo., Springfield or Chicago, tos and aspiwilt coated; bolts and nuts; cept hides and commodities in bulk), 331. beams; roofing, corrugated and Plain; from plantste of Missouri Beef Packers, roofing cement; calingand glazing com- Inc., at Holton, Kans., to joints in Maine, No. MC 135987 (Sub-No. 2), filed De- pounds; aspluwtum paint; filter strips; New Hampshire, Vermont. Massachu- cember 27, 1971. Applicant: R. A. CAR- and wall and steel sections, between setts, Connecticut, Rhode Island, New BOL TRAILWAY LTD., a corporation, points in the San Francisco commercial York, Pennsylvania, New Jersey, Mary- 300-444 Sevefith Avenue SW., Calgary 2, zone, as defined by the Commission, on land, Delaware, Missouri, and the Dis- AB Canada. Applicant's representative: the one hand, and, on the other, points trict of Columbia, restricted to traffic Reginald A. Carbol, 2124 Chambers in California, also from the plant of the originating at plantsite and/or ware- Stree% Victoria, BC Canada. Authority H. H. Robertson Co., Stockton, Calif.; house facility of Missouri Beef Packers, sought to operate as a common carrier, from Sacramento, Calif.; points In the Inc., under contract with Missouri Beef by motor vehicle, over irregular routes, San Francisco commercial zone; San Packers, Inc. NoTE: If a hearing is transporting: General commodities (in- Jose, Calif.; Santa Clara, Calif.; and deemed necessary, applicant requests it cluding containers), between ports of from points in the Los Angeles commer- be held at Jefferson City, Mo., Kansas entry between the United States and cial zone, as defined by the Commission, City, Mo., or St. Louis, Mo. Canada at or near Vancouver, BC to points in Arizona, under contract with Canada, and points in Washington, H. H: Robertson Co.; Drawer G, Stock- No. MC 136282 (Sub-No. 1), filed Oregon, California, Minnesota, Illinois, ton, Calif. NOTE: If a hearing is deemed December 16, 1971. Applicant: REDMAN Indiana, Michigan, Ohio, New York, New necessary, applicant requests it be held TRANSPORTATION, INC., 7800 Carpen- Jersey, Pennsylvania, Colorado, Nevada, at San nrancisco, Calif. ter Freeway, Dallas, TX 75247. Appli- Tennessee, and Texas. NOTE: If a hear- cant's representative: Donald I,. Stern, ing is deemed necessary, applicant re- No. MC 136197 (Sub-No. 2). fied Janu- 530 Univac Building, 7100 West Center quests it be held at Seattle, Wash. ary 3, 1972. Applicant: POOD LINER, Road, Omaha, NE 68106. Authority INC., 201 11th Avenue, Monroe, WI 53566. sought to operate as a contract carrier. No. MC 136070 (Sub-No. 1), filed Applicant's representative: Robert M. November 19, 1971. Applicant: JOHN F. Kaske, 8 South Madison Street, Evans- by motor vehicle, over irregular routes, SCHROEDER, INC., 6409 North 46th vile, WI 53536. Authority sought to op- transporting: (A) House trailers de- Street, Tacoma, WA 98407. Applicant's erate as a contract carrier,by motor ve- signed to be drawn by passenger auto- representative: John C. Kouklis, 1205 hicle, over irregular routes, transporting: mobiles; buildings, in sections, mounted

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 No. 23-10 2632 NOTICES on wheeled undercarriages; and recrea- dustries, Inc., and/or its wholly owned routes, transporting: Used ho.ehold tional vehicles; (B) modules, parts, ap- subsidiaries Redman Western Corp. and goods, between points in El Poxo County, pliances, jurniture, and accessories for Redman Mobile Homes, Inc. NOTE: If a Colo., restricted to the transportatlon of the commodities named In (A) above and hearing is deemed necessary, applicant traffic having a prior or subsequent move- when moving in the commodities named requests it be held at Dallas, Tex. ment in containers, and further restricted in (A) above; and (C) wheels, axles, No. MC 136315, filed December 27,1971. to the performance of pickup and delivery hitches, and undercarriages;(1) between Applicant: OLEN BURRAGE TRUCK- service in connection v,ith pacling, crat- Alma, Mich., and Washington Court ing, and containerization, or unpaclln!, House, Ohio, on the one hand, and, ING, INC., Route 9, Box 22-A, Philadel- uncrating, and decontaineriz.ton of on phia, MS 39350. Applicant's representa- the other, points in Connecticut, Dela- tive: Donald- B. Morrison, 717 Deposit such traffic. Nor: If a hearing Is deemed ware, Illinois, Indiana, Iowa, Kentucky, Guaranty National Bank Building, Pcst necessary, applicant requests It be held Maine, Maryland, Massachusetts, Michi- Office Box 22628, Jackson, MS 39205. at Danver, Colo. gan, Missouri, New Hampshire, New Authority sought to operate as a common No. MC 136328, filed January 3, 1972. New Jersey, New York, Ohio, Pennsyl- carrier,by motor vehicle, over irregular Applicant: C & P TRANSPORT, INC., vania, Rhode Island, Vermont, Virginia, routes, transporting: Lumber, poles, pil- 208 Hunts Bridge Road, Greenville, SC. West Virginia, Wisconsin, and the Dis- ing, pallets, timbers, and cross-ties, Applicant's representative: Mitchell trict of Columbia; (2) between Richland treated or untreated; (1) from points in. King, Jr., Box 1628, Greenville, SC 29602, and Americus, Ga., on the one hand, and, Alabama, Arkansas, Louisiana, and Mis- Authority sought to operate as a contraot on the other, points in Alabama, Florida, sissippi, to points in Alabama, Arkansas, carrier,by motor vehicle, over Irregular Georgia, Mississippi, North Carolina, Florida, Georgia, Illinois, Indiana, Iowa, routes, tranmorting: Imported auto- South Carolina, and Tennessee; (3) be- Kansas, Kentucky, Louisiana, Michigan, mobiles, from Jacksbnvlle, Fla., to tween Boas, Ala., on the one hand, and, Minnesota, Missouri, Mississippi, New Greenville, Anderson, and Greer, S.C., on the other, points in Alabama, Arkansas, Florida, Georgia, Kentucky, York, North Carolina, Ohio, Oklahoma, under continuing contracts with Quality Pennsylvania, South Carolina, Ten- Cadillac-Oldsmobile, Inc., Minyard Louisiana, Mississippi, Missouri, North nessee, Texas, Virginia, West Virgina, Motor Co., and Burgin Motor Co., Ino. Carolina, Oklahoma, South Carolina, and Wisconsin; and (2) between points NoTn: If a hearing is deemed neeezs ary, Tennessee, Texas, and Virginia; (4) be- applicant requests it be held at Atlanta-, tween Chandler, Ariz., on the one hand, in Alabama, Arkansas, Florida, Georgia, and, on the other, points in Arizona, Louisiana, Mississippi, and Tennessee. Ga. California, Colorado, Nevada, New NoTE: Applicant now holds contract car- No. MC 136329, filed December 27, Mexico, Texas, and Utah; (5) between rier authority under its No. MC 123905 1971. Applicant: JOHN IV. CAIN, doing Dyersburg, Tenn., on the one hand, and, and subs, therefore dual operations may business as CAIN TRUCK LINES, Post on the other, points in Alabama, be involved. No duplicating authority is Office Box 3385, El Paso, TX 79923. Au- Arkansas, Illinois, Indiana, Kentucky, sought. If a hearing is deemed necessary, thority sought to operate as a contract Mississippi, Missouri, and Tennessee; applicant requests it be held at Jackson, carrier, by motor vehicle, over irregular Miss. routes, transporting: FoodstiOfs, In (6) Between Ephrata and Honeybrook, No. MC 136320, filed December 16, 1971. truckloads lots, from points in California Pa., on the one hand, and, on the other, Applicant: GR-ThrN BLOCK AND SAND to points In New Mexico and Texas, under points in Connecticut, Delaware, Ken- COMPANY, a corporation, Morgan Mill contract with Xern Foods, Inc., H & R tucky, Maine, Maryland, Massachusetts, Road, Monroe, N.C. Applicant's repre- Wholesale, and Valley Foods, Inc. Norn: New Hampshire, New Jersey, New York, sentative: J. William Cain, Jr., 2001 If a hearing is deemed necessary, appli- Ohio, Pennsylvania, Rhode Island, Ver- cant requests It be held at El Paso, Tex. mont, Virginia, West Virginia, and the Massachusetts Avenue NW., Washington, DC 20036. Authority sought to operate as No. MC 136330, filed January 3, 1972. District of Columbia; (7) between Grand a common carrier,by Island, Nebr., on the one hand, and, on motor vehicle, over Applicant: JERRY L. NIEDENS, doing the other, points in Arizona, Colorado, irregular routes, transporting: Clay prod- business as NIEDENS CUSTOM SERV- Iowa, Kansas, Minnesota, Missouri, ucts, between points in North Carolina, ICE, Route 2, Vakeeney, KS 67672. Ap- South Carolina, Georgia, Florida, Vir- plicant's representative: C. Zimenrnran, Montana, Nebraska, New Mexico, North ginia, West Virginia, Connecticut, Mass- Dakota, Oklahoma, South Dakota, Texas, 413 Brovm Building, Wichita, Kans,, Utah, and Wyoming; (8) between achusetts, New York, New Jersey, Mary- 67202. Authority sought to operate a- a land, Ohio, Pennsylvania, Delaware, and contract carrier, by motor vehicle, over Athens, Burleson, and Grand Prairie, Rhode Island. NOTE: If a hearing is Tex., on the one hand, and, on the other, irregular routes, transporting: Metal deemed necessary, applicant requests it buildings, unassembled or knocked down, points in Arkansas, Colorado, Kansas, be held at Raleigh, N.C. Louisiana, Mississippi, New Mexico, or in sections, including parts and acces- Oklahoma, and Texas; (9) between No. MC 136323 (Sub-No. 1), filed Janu- sories used In the installation and com- Mebane, N.C., on the one hand, and, on ary 11, 1972. Applicant: STEPHEN BER- pletion thereof, from Houston, Tox., to the other, points in Alabama, Georgia, MAN, 410 Jericho Turnpike, Jericho, NY points in Kansas, under contract with Kentucky, Maryland, North Carolina, 11753. Applicant's representative: George Gaither Construction Co. No=: If a South Carolina, Tennessee, Virginia, A. Olsen, 69 Tonnele Avenue, Jersey City, hearing Is deemed necessary, applicant West Virginia, and the District of Colum- NJ 07306. Authority sought to operate as requests it be held at Wichita or Top01:a, bia; (10) between Topeka, Ind., on the a contract carrier,by motor vehicle, over Kans. one hand, and, on the other, points in Illi- irregular routes, transporting:" Mould- No. MC 136334, filed January 6, 1972. nois, Indiana, Ioea, Kentucky, Michigan, ings,-from Northvale, N.J., to points in Applicant: HENDRICK MOVING AND Minnesota, Missouri, Ohio, West Virginia, the New York, N.Y., commercial zone as STORAGE, INC., Post Office Box 209, and Wisconsin;' (11) between Tulsa, defined by the Commission, points in Nas- Lebanon, OH 45036. Applicant's repre- Okla., on the one hand, and, on the other, sau, Suffolk, and Westchester Counties, sentative: James M. Burtch, Suite 1800, points in Arkansas, Colorado, Iowa, N.Y., under contract with Bendiz Mould- 100 East Broad Street, Columbus, OH Kansas, Louisiana, Missouri, Nebraska, ings, Inc. NoTE: If a hearing is deemed 43215. Authority sought to operate aq v, New Mexico, Oklahoma, Texas, South necessary, applicant requests it be held contract carrier,by motor vehicle, over Dakota, and Wyoming; and (12) between at New York, N.Y., or Newark, N.J. hiTegular routes, transporting: Precat Alma, Mich., Washington Court House, No. MC 136327, filed December 27, 1971. and prestressed concrete products and Ohio; Americus and Richland, Ga.; Applicant: RICHARD C. POWELSON, accessories, from the plantsite of Con- Boas, Ala.; Chandler, Ariz.; Dyersburg doing business as: MAITI'OU EXPRESS crete Technology, Inc., located at or near Tenn.; Ephrata and Honeybrook, Pa.; COMPANY, 2545 Carmbl Drive, Colorado Springboro, Ohio, to points in Michigan, Grand Island, Nebr.; Athens, Burleson, Springs, CO 80910. Applicant's repre- Pennsylvania, West Virginia, Kentucky, and Grand Prairie, Tex.; Mebane, N.C.; sentative: Jonn H. Lewis, The 1650 Grant and Indiana, under contract with Con- Topeka, Ind.; and Tulsa, Okla. All serv- Street Building, Denver, CO 80203. Au- crete Technology, Inc. Norn: If a hearing ice hereunder to be performed under thority sought to operate as a common Is deemed necessary, applicant requeots continuing contracts with Redman In- carrier,by motor vehicle, over irregular it be helda at Columbus, Ohio.

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2633

No. MC 136342, filed January 10, 1972. No. MC 133772 (Sub-No. 2), filed De- Highway 21, thence over North Dakota Applicant: JACKSON AND JOHNSON, cember 23, 1971. Applicant: CHAR- Highway 21 to junction North Dakota INC., West Church, Box 7, Savannah, TERED BUS SERVICE, INC., 1551 Aza- Highway 8, thence over North Dakota NY 13146. Applicant's representative: lea Garden Road, Norfolk, VA 23502. Highway 8 to Hettinger, N. Dak., and re- Raymond A. Richards, 23 West Main Applicant's representative: John Vangol turn over the same route,, serving all Street, Webster, NY 14580. Authority (same address as applicant). Authority intermediate polhts, and (2) between sought to operate as a contract carrier, sought to operate as a contract carrier, Junction of North Dakota Highway 8 and by motor vehicle, over irregular routes, by motor vehicle, over Irregular routes, 4unction US. Highway 12, over US. transporting: Materials, supplies, and transporting: Passengersand their bag- Highway 12 to Lemmon, S. Dak., serving equipment distributed by the Statler Tis- gage, in the same vehicle with passengers, no intermediate points. NoTE: If a hear- sues Corp., Sugarman Bros. Division, in round-trip charter operations, begin- ing is deemed necessary, applicant re- from Hartford, Conn., and - Medford, ning and ending at Newport News, Va., quests It be held at Bismarck, N. Dak. Mass., to Syracuse, N.Y., under contract and extending to points in Maine, New with Statler Tissue Corp., Sugarman Hampshire, Vermont, Massachusetts, No. MC 136333, filed January 5, 1972. Bros. Division. NOTE: Applicant holds Rhode Island, Connecticut, New York, Applicant: GEORGETOWN TRANS- common carrier authority under MC New Jersey, Pennsylvania, Dalaware, PORTATION LIITED, 11 Mountain- 134197, therefore, dual operations may Maryland, North Carolina, South Caro- view Road South, Georgetown, O.N be involved. If a hearing is deemed neces- lina, Georgia, Florida, Alabama, Mss- Canada. Applicant's representative: sary, applicant requests it be held at sippi, Tennessee, Kentucky, Wet Vir- Robert D. Gunderman, Suite 170S Stat- Syracuse or Buffalo, N.Y. ginia, Ohio, Indiana, Michigan, Illinois, ler 41lton, Buffalo, N.Y. 14202. Authority sought to operate No. MC 136344, filed January 7. 1972. Wisconsin, and the District of Columbia, as a common carrier, by motor vehicle, over irregular routes, Applicant: A. L. JOHNSON & A. R. under contract with the Christopher JOHNSON, a partnership, doing busi- Newport College of Newport News, Va. transporting: Passengersand their bag- gage, in charter operations ness as A. L. & A. R. JOHNSON, Route 2, Nor: If a hearing is deemed necessary, and in sight- Adairville, KY 42202. Applicant's repre- applicant requests it be held at Newport seeing and pleasure tours, from ports of entry on the International boundary line sentative: Robert L. Baker, 300 James News, Va. between the United Robertson Parkway, Nashville, TN States and Canada to No. MC 134361 (Sub-No. 3), filed De- points In the United States (including 37201. Authority sought to operate as a cember 27, 1971. Applicant: WILDER- Alaska, but excluding Hawaii), and re- contract carrier, by motor vehicle, over NESS BOUND LTD., a corporation, Rural turn. NOTE: If a hearing is deemed neces- irregular routes, transporting: 1) Fer- Delivery No. 1, Box 365, Highland, NY tilizer and fertilizer sary, appli an t requests it be held at Buf- materials, dry, in 12528. Applicant's representative: John falo, N.Y. bulk or in bags, from Nashville, Tenn., J. Brady, Jr., 75 State Street, Albany, to points in Simpson and Logan Coun- NY 12207. Authority sought to operate APPLichous Ir WHIC3 HA .rmua,WITH- ties, Ky.; and (2) agriculturalchemicals as a common carrier, by motor vehicle, ouT OrAL Hcmmm Has Bm~r REQUEsTED in containers when shipped in mixed over irregular routes, transporting: (1) No. MC 85621 (Sub-No. 6), filed loads with fertilizer or fertilizer mate- Passengers (minors between age of 12 January 3, 1972. Applicant: VANN rials; (a) from Clarksville, Tenn., to and 19 inclusive) and their baggage, in points in Simpson and Logan Counties, EXPRESS, INC., 620 Line Street, At- vehicles limited to 14 plissengers, not In- talla, AL 35954. Applicant's representa- Ky.; and (b) from Cherokee, Ala., to cluding driver, in special round trip op- points in Simpson and Logan Counties, erations beginning tive: Guy H. Postell, Suite 713. 3384 and ending at Pough- Peachtree Road NE., Ky., under contract with Agri-Chemicals keepsie, N.Y., and Atlanta, GA 30326. extending to points in Authority sought to operate as a common Division of United States Steel Corp. Arizona, California, Colorado, Connecti- carrier, by motor vehicle, over regular NOTE: If a hearing is deemed necessary, cut, Idaho, Illinois, Indiana, Iowa, Kan- routes transporting: Merchandise,equip- applicant requests it be held at Nashville, sas, Kentucky, Maine, Maryland, Mas- Tenn. sachusetts, Michigan, Minnesota, is- ment, and supplIes, sold, used, or distrib- uted by a souri, Montana, Nebraska, Nevada, New manufacturer of cosmetics, MOTOR CARRIER OF PASSENGERS over regular routes, as follows: (a) Be- Hampshire, New Jersey, New Mexico, tween Birmingham, Ala.. and No. MC 70947 (Sub-No. 24), filed New York, North Carolina, Scottsboro, North Da- Ala., December 28, 1971. Applicant: MT. kota, Ohio, Oregon, Pennsylvania, South over Alabama Highway 79; (b) be- HOOD STAGES, INC., doing business Dakota, Tennessee, Texas, Utah, tween Birmingham. Ala., and Valley Ver- Head, Ala., over US. Highway 11; (c) as PACIIMC TRAILWAYS, a corpora- mont, Virginia, Washington, West Vir- between Scottsboro, Ala., and junction tion, 1068 Bond Street, Bend, OR 97701. ginia, Wisconsin, and Wyoming; and (2) Applicant's representative: James E. mountain climbing, camping, caving, Alabama Highway 35 and U.S. Highway 11 over Alabama (d) Wilson, Suite 1032, Pennsylvania Build- boating, and other related outdoor equip- Highway 35; be- ing, Pennsylvania Avenue and 11th ment provided by applicant, to be trans- tween Cleveland, Ala., and Huntsville, Street NW., Washington, DC 20004. Au- ported in trailers hitched to the vehicles Ala., over U.S. Highway 231; (e)between thority sought to operate as a common used to transport the passengers and Huntsville, Ala., and junction U.S. High- carrier,by motor vehicle, over irregular chaperones, between the dates of June way 431 and Alabama Highway 79, over routes, transporting: Passengers and 1st and September 15th each year. No:: U.S. Highway 431; (f) between Rains- vile, their baggage, in the same vehicle with If a hearing is deemed necessary, appli- Ala., and junction U.S. Highway passengers, in special operations, in cant requests it be held at Albany, N.Y. 431 and Alabama Highway 75, from round trip sightseeing or pleasure tours, Rainsville over Alabama Highway 75 to beginning and ending at points in Mult- No. MC 136240, filed November 2, 1971. junction Alabama Secondary Highway nomah, Clackamas, Wasco, Sherman, Applicant: HARRY SAADAHL, doing 23, thence over Alabama Secondary Jefferson, Deschutes, Benton, Linn, Lane, business as HE'TINGER BUS COM- Highway 23 to junction Alabama High- Klamath, Crook, Wheeler, Grant, Har- PANY, Hettinger, N. Dak. 58639. Appli- way 68, thence over Alabama Highway ney, Baker, Walheur, Washington, and cant's representative: Lyle G. Stuart, 104 68 to junction Alabama Highway 75, Marion Counties, Oreg.; Clark County, Mlain Street, Hettinger, ND 58639. Au- thence over Alabama Highway 75 to Wash.; Canyon, Ada, Elmore, Gooding, thority sought to operate as a common junction US. Highway 431, and return Twin Falls, Cassia, Jerome, and Oneida carrier, by motor vehicle, over regular over the same route; (g) between Counties, Idaho; and Box Elder, Weber, routes, transporting: Passengers and Guntersville, Ala., and Attalla, Ala., over Salt Lake, and Davis Counties, Utah; their baggage and express and news- U.S. Highwavy 431; (h)betvween Collins- and extending to points in the United papers, in the same vehicle with passen- ville, Ala., and Fort Payne, Ala., from gers, States including Alaska (but excluding (1) between Bismarck and Hettin- Colinsville, Ala., over Alabama Highway ger, N. Dak., from Bismarck over US. Hawaii). NOTE: If a hearing is deemed 68 to junction Alabama Highway 35, Highway 10 to Junction North Dakota thence over Alabama Highway necessary, applicant requests it be held 35 to Fort Highway 6, thence over North Dakota ]Payne, and return over the same route; at Portland, Oreg. Highway 6 to junction North Dakota serving all intermediate points on above

FEDERAL REGISTER, VOL 37, NO. 23-THUtSDAY, FEBRUARY 3, 1972 2634 NOTICES specified routes (a) through (h) inclu- operations are restricted against the to continue rendering a complete service sive, and the offroute points of Oneonta, transportation of packages or articles for the supporting shipper. Albertville, Arab, Gadsden, and Sylvania, weighing in the aggregate more than 250 No. MC 136276 (Sub-No. 1), filed DO- Ala.; pounds from one consignor to one con- cember 27, 1971. Applicant: TRIPLE T (i) Between Birmingham and Easta- signee at one location on any one day. TRANSPORTATION, INC., Route No. 1, boga, Ala., from Birmingham over U.S. The authority granted herein shall be Vincennes, Ind. 47591. Applicant's repre- Highway 78 to Pell City, thence over In- subject to the right of the Commission, sentative: Thomas F. Quinn, 715 Ir;t terstate Highway 20 to Eastaboga, and which is hereby expressly reserved, to Federal Building, Indianapolis, Ind, return; (j) From Eastaboga over Ala- impose such terms, conditions or limita- '46204. Authority sought to operate as a bama Highway 78 to the junction of tions in the future as it may find neces- contract carrier, by motor vehicle, over Alabama Highway 78 and Alabama igh- sary in order to insure that carrier's irregular routes, transporting: (1) An- way 202, thence over Alabama Highway operations shall conform to the provi- hydrous ammonia, liquid, nitrogen fer- 202 to Anniston, Ala., and return; (k) sions of section 210 of the Act. NOTE: tilizer solutions, liquid, and fertilizer From Anniston to Attalla, Ala., over U.S. Applicant already holds authority as fol- materials dry, In bulk, in tank vehicles; Highway 431, serving Gadsden as an in- lows: Cosmetics, toiletries, cosmetic and (1) from West Henderson, Ky., to points termediate point, and return; (1) From toilet accessories, and related advertis- in Illinois and Indiana; (2) from U.S. Attalla to Talladega, Ala., over Alabama ing and display material, from the above Industrial Chemical Co. plant near Highway 77, serving Ohatchee and territory, .subject to the above restric- Tuscola, II., to points in Indiana and Lincoln as intermediate points, and re- tions. The only purpose of this applica- Kentucky; and (3) from the Agrico turn; (m) From Talladega to Piedmont, tion is to-broaden the existing commod- Chemical Co. plant near Mount Vernon, Ala., over Alabama Highway 21, serving ity description to allow applicant to con- Ind., to points in Illinois and Kcntucl:y; Oxford and Anniston as intermediate tinue rendering a complete service for and (2) anhydrous ammonia, liquid, In points, and return; (n) From Piedmont the supporting shipper. Applicant states bulk, in tank vehicles, from the Central to Attalla, Ala., over U.S. Highway 278, that the requested authority can be Nitrogen plant in Vigo County, Ind., to serving Gadsden as an intermediate tacked with its Sub 21, but applicant points in Illinois and Kentucky. All point; and return; (o) From Jacksonville does not intend to tack. Applicant holds transportation furnished will be under to Duke, Ala., over Alabama Highway contract carrier authority under MC contract or continuing contracts with 204, and return; (p) From Piedmont to 102799, therefore, dual operations may Willchemco, Inc., of Tulsa, Ola., and Centre, Ala., over Alabama Highway 9, be involved. Cominco American, Inc., of Spokane, and return; (q) From Eastaboga to Ox- No. MC 133095 (Sub-No. 18), filed De- Wash. ford, Ala., from Mutaboga over- U.S. cember 20, 1971. Applicant: TEXAS Highway 78 to the junction of U.S. High- No. IMC 136313, filed December 27, CONTINENTAL EXPRESS, INC., Post 1971. Applicant: GREAT SVTERN way 78 and Alabama Highway 21, thence Office Box 434, Euless, TX 76039. Appli- over Alabama Highway 21 to Oxford, and TRANSPORTATION CO., a corporation, cant's representative: Paul M. Daniell, 4511 Alpine Place, Las Vegas, NV 89107. return; serving Altoona, Grant, Dutton, GA 30301. Pisgah, and Henegar, Ala., as off-route Post Office Box 872, Atlanta, Applicant's representative: Donald Authority sought to operate as a common Murchison, 9454 Wilshire Boulevard, points in connection with carrier's regu- carrier,by motor vehicle, over irregular lar-route operations. NOE: Applicant Suite 400, Beverly Hills, CA 90212. Au- routes, transporting: (1) Carnivorous thority ought to operate as a contract states that this application merely seeks animal food in containers, from the to broaden the commodity description in carrier, by motor vehicle, over irregular plantsite and warehouse facilities of Kal routes, transporting: (1) Such commodi- the presently existing authority of ap- Han Food, Inc., at Columbus, Ohio, to plicant covering "cosmetics and toilet ties as is dealt in by wholesale, retail, points in the United States east of U.S. and chain grocery stores and meat mar- preparations", and "cosmetics and toilet Highway 85; and (2) materialsand sup- preparations and articles", to allow ap- kets, or restaurants, hotels, and motels, plies used in the manufacture, sale, and or mercantile and dry good utorcs and plicant to continue rendering a complete distribution of carnivorous animal food service for the supporting shipper. business houses, and in connection thtre- (except in bulk), from points in the with materials and supplies used in the No. MC 100623 (Sub-No. 31), filed United States (except Alaska and Ha- conduct of such business (except com- January 10, 1972. Applicant: HOURLY waii) to the plantsite and warehouse fa- modities in bulk); and, (2) commodItici IVIESSENGERS, INC., doing business as cilities of Kal Kan Food, Inc., at Colum- which are exempt as defined in sectlon H. L PACKAGE DELVERY SERVICE, bus, Ohio. NoTs: Applicant holds a pend- 203(b) (6) of the Interstate Act when 20th and Indiana Avenue, Philadelphia, ing contract carrier application under moving in mixed loads with (1) above, Pa. 19132. Applicant's representative: MkC 136032. from points in Los Angeles, Orange, and Guy H. Postell, Suite 713, 3384 Peachtree No. MC 133512 (Sub-No. 1), filed De- Riverside Cotmties, Calif., to point. in Road NE., Atlanta, GA 30326. Authority paper products, a common carrier, cember 20, 1971. Applicant: THREE Nevada, and, returned sought to operate as WAY TRUCKING CO., INC., 802 Rich- from the warehouse facilities of Pre- by motor vehicle, over irregular routes, mond Avenue, Staunton, VA 24401. Ap- ferred Sales, Inc., located at or near Lau transporting: Merchandise, equipment plicant's representative: Guy H. Postell, Vegas, Nev., to points in Los Angeles and .and supplies, sold, used,.or distributed by Suite 713, 3384 Peachtree Road NE., Orange County, Calif. Restriction: The a manufacturer of cosmetics, from the Atlanta, GA 30326. Authority sought to operations sought to be authorized herein plantsite and storage facilities of Avon operate as a common carrier, by motor are to be limited to a tmnsportatIon serv- Products, Inc., of Newark, Del., to points vehicle, over irregular routes, transport- ice to be performed under a contract, or in Delaware, Maryland, and Virginia; ing: Merchandise, equipment, and sup- contracts, with Arden-lMayfair, Inc., In- points in Adams, Berks, Bucks, Carbon, plies sold, used or distributed by manu- terstate Restaurant Supply Co., Nevada Chester, Cumberland, Delaware, Dau- facturer of cosmetics, from Staunton, phin, Franklin, Lackawanna, Lancaster, Sales Service, New York Meats & Pro- Va., to points in Augusta, Rockingham, vision, Inc., and Preferred Sales, Inc. Lebanon, Lehigh, Luzerne, Monroe, Rockbridge, and Albemarle Counties, Va., Montgomery, Northampton, Philadel- restricted to the transportation of pack- No. IC 50655 (Sub-No. 28), filed De- phia, Perry, Schuylkill, and York Coun- ages or articles weighing in the aggregate cember 20, 1971. Applicant: GULF ties, Pa.; points in Atlantic, Burlington, not more than 500 pounds from one TRANSPORT COMPANY, a corporation, Camden, Cape May, Cumberland, Glou- consignor to one consignee on any one 505 South Conception Street, Mobile, AL cester, Mercer, Middesex, Monmouth, day. NoTE: Aplicant states that the au- 36603. Applicant's representative: J. H, Ocean, and Salem Counties, N.J., and the thority herein sought also embraces pres- Bachar (same address as above). Author- District of Columbia. Restriction: The ent authority held in MC 133512 and is ity sought to operate as a common car- operations authorized herein are subject intended to supplement such existing rier, by motor vehicle, over regular to the following conditions: Said opera- authority. No duplicate authority is routes, transporting: Passengers and tions are restricted against the transpor- sought or desired. The sole purpose of their baggage and express and neus- tation of any package or article the instant application is to broaden the papers in the same vehicle with pas- weighing more than 50 pounds. Said existing commodity to allow applicant sengers, between Bardwell, Ky., ad

FEDERAL REGISTER, VOL. 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 NOTICES 2635 junction of Kentucky Highways 58 and KERSHAW, JR., doing business 'as, rado, Connecticut, ilinoi, Indiana, Iowa, 123 west of Clinton, Ky., from Bardwell, WIDRNESS TRAVEL CAMP, 259 Maine, Mas achusettz, Minezota, Ne- Ky., over U.S. Highway 51 to Clinton, East Evergreen Avenue, Philadelphia, PA braska, Nevada, New Hampshire, New Ky., thence over Kentucky Highway 58 19118. Authority sought to operate as a Jersey, New York, Ohio, South Dakota, to its junction with Kentucky Highway common carrier,by motor vehicle, over Utah, Vermont, Wisconsin, and Wyo- 123, and return over the same route, for irregular routes, transporting: Pas- ming. NoTE: Applicant states that the age operating convenience only. NoTE: Ap- sengers and their baggage,in special op- group of the b3ys transported are from plicant erations, in personally conducted presently holds certificate prop- all ex- 10 to 16 year. old. erty authority under its No. 1TC 86761 pense round trip tours, in vehicles limited and subs. Common control may be to eight passengers, between June 10 and By the Commnisson. involved. September 10 of each year, beginning and [sFAL] ROBEUT L. OswvALD, No. MC 133729 (Sub-No. 1), filed Jan- ending at Philadelphia, Pa., and extend- Secretary. uary 7, 1972. Applicant: WILLIAM E. ing to points in Arizona. California, Colo- (FM. IO.72-1531 Filed 2-2-72;8:45 am]

FEDERAL REGISTER, VOL 37, NO. 23-THURSDAY, FEBRUARY 3, 1972 2636 * FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED-FEBRUARY 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 February.

3 CFR Page 14 CMv-Continued Page 26 CFR rk'go PROCLAMIATIONS: 75 ------2499,2500,2572 1------...------200 2761A (see Proc. 4102) ------2417 95 ------2573 301 ------2481, 2600 2929 (see Proc. 4102) ------2417 121 ------2500 3140 (see Proc. 4102) ------2417 241 ------2501 29 CFR 3967 (see Proc. 4102) ------2417 PROPOSED RULES: 1904 ...... 2,130 4102------2417 61 ------2523 PROPOSED RULES: 4103------2489 67 ------2523 460 ------2443 EXECUTIVE ORDERS: 71 ------2524,2587 1926 ------2443 11248 (amended by EO 103 ------2587,2588 11641) ------2421 121------2523 31 CFR 1127------2523 11568 (see EO 11642) ------2565 316 ------2554 11641 ------2421 183------2523 11642------2565 PRESIDENTIAL DOCUM ENTS OTHER 15 CFR 32A CFR THAN PROCLAMaATIONS AND 377 ------2430 Ch. X: EXECUTIVE ORDERS: 01 Reg. 1 ------2 3439 Memorandum of January 27, 16 CFR 1972 ------33 CFR 2567 13------2575, 2576, 2578-2581 PROPOSED RULES: PROPOSED RULES: 110 ------2440,2447,2587 5 CFR 432------2454 213------2423, 2491 117------2521, 2523 PROPOSED RULES: 17 CFPR 37 CFR 900 ------2589 PROPOSED RULES: PROPOSED RULES: 230 ------2596,2598 1------2520 6 CFR 239 ------2596,2598 101------2491 39 CFR 102 2478 18 CFR ------Ch. I ------24242------3 200 ------2479 2------.---.. ------2502 311 ------2480 PROPOSED RULES: 40 CFR 101 ------2451 7 CFR 104 2451 52------2581 ------85 ...... 2432 501------2423 105------2451 106------2433 502 ------2424 '141 ------2451 706 ------2491 260 ------2451 726 ------2496 41 CFR 907------2569 19 CFR 5A-8 ------2507 910 ------2426 12------2430 5A-73 ------2441 1065 ------2497 PROPOSED RULES: 8-14 ------2500 1871 ------2569 1 ------2443 8-74 ------2500 PROPOSED RULES: 11 ------2509 982------2515 134------2509 45 CFR 993 ------2515 PROPOSED RULES: 20 CFR 220------2445 9 CFR 614 ------2434 222------2445 11 ...... 2426 617 ------2434 82 ------2429,2498 47 CFR 97------2430 21 CFR 21 ------2583 113__ 2430 3 ------2503 121 ------2437 PROPOSED RULES: 12 CFR 149a------2438 73 ------2524 81 ------2524 PROPOSED RULES: PROPOSED RULES: 135------2444 529------2447 49 CFR 750 ------2594 22 CFR PROPOSED RULES: 41 ------2439 173 ------2588 13 CFR 178 ------2588 120 2569 24 CFR 1914 ------2505 50 CFR 14 CFR 1915 ------2505 33 ------2441,2502 280 : ------2510 39------2498,2570 ------71 ------2570-2572 25 CFR PROPOSED RULES: 73 ------2499 221------2506 17 ----.-.------2509

LIST OF FEDERAL REGISTER PAGES AND DATES-FEBRUARY Pages Date 2411-2482------Feb. 1 2483-2557------2 2559-2636------3