FEDERAL REGISTER VOLUME 34 • NUMBER 172 Tuesday, September 9,1969 • Washington, D.C. Pages 14161-14194
Agencies in this issue— The President Agricultural Research Service Civil Service Commission Consumer and Marketing Service Customs Bureau Emergency Preparedness Office Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Power Commission Federal Reserve System t Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Interagency Textile Administrative Committee Interior Department Internal Revenue Service Interstate Commerce Commission Maritime Administration National Park Service Patent Office Post Office Department Securities and Exchange Commission Small Business Administration Wage and Hour Division Detailed list .of Contents appears inside. Announcing First 10-Year Cumulation
TABLES OF LAWS AFFECTED , in Volumes 70-79 of the
UNITED STATES STATUTES AT LARGE
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FEDERAL HOME LOAN BANK Notices THE PRESIDENT BOARD Amdal Co.; filing of petition for PROCLAMATION food additive spectinomycin__ 14183' General Pulaski’s Memorial Day, Notices Drugs for human use; drug efficacy 1969 ______14165 Receipt of applications for per study implementations: mission to acquire control: Combination sulfonamide-de Financial Corporation of Santa congestant drugs for nasal EXECUTIVE AGENCIES Barbara; Paramount Savings instillation______14181 and Loan Association____ 14187 Urethan — __ 14181 AGRICULTURAL RESEARCH Southwest Forest Industries, 3,5-diehloro-2V- LABOR DEPARTMENT PATENT OFFICE TRANSPORTATION DEPARTMENT See Wage and Hour Division. Proposed Rule Making See Federal Aviation Administra Rules of practice in patent eases; tion; Hazardous Materials Reg MARITIME ADMINISTRATION preexamination______14176 ulations Board. Notices POST OFFICE DEPARTMENT TREASURY DEPARTMENT List of free world and Polish flag See Customs Bureau; Internal Rules and Regulations Revenue Service. vessels arriving in Cuba______14179 Mail addressed- to military post offices .overseas;. rural service; WAGE AND HOUR DIVISION NATIONAL PARK SERVICE miscellaneous amendments-—_ 14171 Miscellaneous amendments to Notices Rules and Regulations chapter ______-i,— 14170 Certificates authorizing employ Public property, natural features, ment of full-time students curiosities, and resources; pres SECURITIES AND EXCHANGE working outside of school ervation ------14170 COMMISSION hours ------14191 Notices Rajac Industries, Inc.; suspen sion of trading-— — 14191 SMALL BUSINESS ADMINISTRATION Notices North American Corp.; approval of application.—___ 14184 List of CFR Parts Affected The following n u m e ric a l guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end, of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected. 3 CFR 21 CFR 37 CFR 3926______14165 3 — ______— ______14167 P roposed R ules: 120 _____ —______—14168 1...... 14176 7 CFR 121____ ——„ — ______14168 131______- - ______14167 39 CFR 215.______14167 191______14169 123______14170 301______14167 126____ —______14170 36 CFR 127 _._____ .______14171 14 CFR 2______- ___—— — — 14170 132—______—14171 156____ — ...... 14171 P roposed R ules: 71—...... 14176 49 CFR 1033______14172 16 CFR 1048.1______14174 P roposed R ules: 50 CFR 245__...... 14176 32 (3 documents)______14174 Presidential Documents Title 3— THE PRESIDENT Proclamation 3926 GENERAL PULASKI’S MEMORIAL DAY, 1969 By the President of the United States of America A Proclamation One hundred and ninety years ago, a young Polish patriot in exile gave his life in the cause of American freedom and independence. Count Casimir Pulaski came to America and joined the Continental Army. He fought with great valor and was promoted by the Congress to the rank of brigadier general in recognition of his military leader ship at the Battle of Brandywine. He raised and commanded a cavalry unit which won fame as the Pulaski Legion. On October 11, 1779, General Pulaski died of wounds received two days earlier while leading a cavalry charge in the Battle of Savannah. It is fitting that on the anniversary of his death we pay grateful tribute to this gallant Pole, and to the millions of his countrymen in America who have contributed to this nation’s growth and to the defense of its freedoms. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Saturday, October 11, 1969, as General Pulaski’s Memorial D ay; and I direct the appropriate Government officials to display the flag of the United States on all Government buildings on that day. I also invite the people of the United States to observe the day with appropriate ceremonies in honor of the memory of General Pulaski and his dedication to the defense of liberty. IN W ITNESS WHEREOF, I have hereunto set my hand this fifth day of September, in the year of our Lord nineteen hundred sixty-nine, and of the Independence of the United States of America the one hundred ninety-fourth. IF.R. Doc. 69-10817; Filed, Sept. 8,'1969; 11:05 a.m.] FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 / 14167 Rules and Regulations Chapter III— Agricultural Research Title 7— AGRICULTURE Service, Department of Agriculture Chapter II— Consumer and Marketing Service (Consumer Food Programs), PART 301— DOMESlfc QUARANTINE Department of Agriculture NOTICES PART 215— SPECIAL MILK PROGRAM FOR CHILDREN Subpart— Imported Fire Ant Appendix— Third Apportionment of Special Milk Program Funds Pursuant to R egulated Areas Child Nutrition Act of 1966, Fiscal Year 1969 Correction Pursuant to section 3 of the Child Nutrition Act of 1966, Public Law 89-642, 80 Stat. 885-6, milk assistance funds available for the fiscal year ending June 30, 1969, In P.R. Doc. 69-10298, appearing at are reapportioned among the States as follows, in order to effect a further appor page 13729 of the issue for Thursday, tionment of funds. August 28,1969, the following corrections should be made: Total appor- Withheld for 1. On page 13730, under Citrus County, State tionment State agency private Fla., the second line is corrected to read schools “that portion of T. 21 S., R. 19 E., lying within”. Alabama______.... , 898,280 $1,836,164 $62,116 Alaska...... 28,738 28,738 ...... 2. The first italic heading and balance Arizona______414,238 366,237 48,001 of the line in the third column on page Arkansas...... ,112,876 1,053,709 59,167 California...______1,981,625 8,981,525 .... 13730 is corrected to read: “Hardee Colorado______j-___ 943,912 859,020 84,892 Countyj That portion of the county”. Connecticut______,765,718 1,765,718 ...... Delaware..____ ;___ 363,510 311,627 51,883 Del. St. DIst. Agency- 20,431 20,431 ...... District of Columbia. 615,204 615,204 ...... Florida______, 967,019 1,796,895 170,124 Georgia...... , 683,164 1,643,544 39,620 Title 21— FOUU AND DRUGS Hawaii______157,471 110,962 46,509 Idaho______187,934 162,081 25,853 Chapter I— Food and Drug Adminis Illinois______...... 6, 654,536 6,654,536 ______Indiana______...... _____ ...... 2, 950,898 2,950,898 ______tration, Department of Health, Edu Iowa...... i, 807,986 1,608,969 199,017 Kansas...... 1, 096.900 1,096,900 ...... cation, and Welfare Kentucky______2, 000,236 2,000,236 ...... Louisiana______704,505 704,505 ...... SUBCHAPTER A— GENERAL Maine______506,334 422,950 83,384 Maryland______' 2, 386,259 2,047,391 338,868 PART 3— STATEMENTS OF GENERAL Md. Bud. and Proc______;______55,029 56,029 ...... Massachusetts______3, 517,690 3,517,690 ...... POLICY OR INTERPRETATION Michigan______5, 075,700 4,115,929 959,771 Minnesota______2, 698,091 2,380,719 317,372 PART 131— INTERPRETATIVE STATE Mississippi______...... 1 392,880 1,392,880 ...... MENTS RE WARNINGS ON DRUGS Missouri..______~ ___ 2. 388,046 2,336,984 51,062 Montana______204,021 169,980 34,041 AND DEVICES FOR OVER-THE- Nebraska______I.I..____ . . . . II.*” 639,354 524,679 114,675 Nevada...... 149,587 125,080 24,507 COUNTER SALE New Hampshire. 530,528 455,675 74,853 New Jersey.. 760,717 3,226,797 533,920 Labeling of Articles Intended for Lay New Mexico. 727.901 428,854 299,047 New York...... _ 792,800 8,792,800 ...... Use in the Repairing and/or Refit N.Y. Off. Gen. Serv_. 457,066 457,066 ...... North Carolina..___ 543,469 3,543,469 ...... ting of Dentures North Dakota______367,094 315,419 41,675 Ohio...... 455,416 5,625,382 830,034 In the F ederal R egister of April 4, Ohio D^ptl Pub.'Weil 197,534 197,534 ...... 1968 (33 F.R. 5365) , the Commissioner Oklahoma.. . ____.... 117,623 1,117,523 ...... Oregon...... III! 614,197 . 593,391 20,806 of Food and Drugs proposed a statement Pennsylvania___I. II! 057,830 4,399,862 657,968 of policy and warning statement that »hode Island..__.... 507,979 507,979 ...... would require a warning in the labeling South Carolina___ 641,078 633,911 107,167 South Dakota______362,042 362,042 ...... of over-the-counter denture reliners, re 927,919 1,845,549 82,370 pair kits, pads, and cushions limiting Texas.. 121,093 3,824,435 296,658 Utah...... 341,368 326,851 14,517 their use to emergency and temporary Vermont... Ill 266,054 253,643 12,411 purposes. Thirty days were allowed for Virginia____ 984,338 1,811,558 172,780 Washington... 445,223 1,206,823 238,400 comments on the proposal. Subsequently, West V irginia. 667,866 631,214 36,662 the time for comments were extended to Wisconsin____ 683,969 2,907,283 776,686 July 3 and then to August 8, 1968, by no W yom ing..__ 119,002 119,002 ...... r tices published May 11, and July 11, 1968 Total. 102,048,078 95,141,272 6,906,806 (33 F.R. 7087, 9960). Fifteen comments were received and (Sec. 2,3,6, a-16,80 Stat. 885-890; 42 U.S.C. 1771,1772,1775,1777-1785) some suggested that the warning for re liners, pads, and cushions be different Dated: September 2,1969. from that for repair kits. The Commis H oward P. Davis, sioner concurs and the suggestion is in Deputy Administrator, corporated. Also, the Commissioner con Consumer Food Programs. cludes that the labeling for these prod [F.R. Doc. 69-10651; Filed, Sept. 8, 1969; 8:45 a.m.] ucts should include full information per mitting the laymen to understand the FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14168 RULES AND REGULATIONS limitations of usefulness involved and lead to faster bone loss, continuing irri DENTURE RELINERS, PADS, AND CUSHIONS the importance of adhering to the tation, sores, and tumors. For Use Only Warning—For temporary use only. warnings. Until a Dentist Can Be Seen.” Long-term use of this product may lead Accordingly, pursuant to the provisions (c) Adequate directions for use re to faster bone loss, continuing irritation, of the Federal Food, Drug, and Cosmetic quire full information of the temporary sores, and tumors. For Use Only Until a Act (secs. 502 (a), (f), (j), 701(a), 52 and emergency use recommended in Dentist Can Be Seen. Stat. 1050-51r 1055; 21 U.S.C. 352 (a>„ order for the layman to understand the (f), (j), 371(a)) and under authority limitations of usefulness, the reasons DENTURE REPAIR KITS delegated to the Commissioner (21 CFR therefor, and the importance of adher Warning—For emergency repairs only. 2.120), Fiarts 3 and 131 are amended as ing to the warnings. Accordingly, the Long-term use of home-repaired den follows: labeling should contain substantially the tures may cause faster bone loss, contin 1. The following new section is addedfollowing information: uing irritation, sores, and tumors. This to Part 3: (1) For denture repair kits: Special kit for emergency use only. See Dentist training and tools are needed to repair Without Delay. § 3.56 Labeling of articles intended for dentures to fit properly. Home-repaired 4c * * 4c $ lay use in the repairing and/or re dentures may cause irritation to the fitting o f dentures. § 131.25 Devices; recommended warn gums and discomfort and tiredness ing and caution statements. (a) The American Dental Association while eating. Long-term use may lead to ***** and leading dental authorities have ad more troubles, even permanent changes vised the Food and Drug Administra in bones, teeth, and gums, which may DENTURE RELINERS, PADS, AND CUSHIONS tion of their concern regarding the safety make it impossible to wear dentures in' Warning—For temporary use only. ox denture reliners, repair kits, pads, the future. For these reasons, dentures Long-term use of this product may lead cushions, and other articles marketed repaired with this kit should be used only to faster bone loss, continuing irritation, and labeled for lay use in the repair in an emergency until a dentist can be sores, and tumors. For Use Only Until a ing, refitting, or cushioning of ill-fitting, seen. Dentures that don’t fit properly Dentist Can Be Seen. broken, or irritating dentures. It is the cause irritation and injury to the gums opinion of dental authorities and the and faster bone loss, which is permanent. DENTURE REPAIR KITS Food and Drug Administration that to Dentures that don’t fit properly cause Warning—For emergency repairs only. properly repair and properly refit den gum changes that may require surgery Long-term use of home-repaired den tures a person must have professional for correction. Continuing irritation and tures may cause faster bone loss, contin knowledge and specialized technical injury may lead to cancer in the mouth. uing irritation, sores, and tumors. This skill. Layman cannot be expected to You must see your dentist as soon as kit for emergency use only. See Dentist maintain the original vertical dimension possible. Without Delay, of occlusion and the centric relation es (2) For denture reliners, pads, and sential in the proper repairing or refit cushions: Use of these preparations or ***** ting of dentures. The continued wearing devices may temporarily decrease the (Secs. 502 (a), (f), (Jt, 701 (a), 52 Stat of improperly repaired or refitted den discomfort; however, their use will not 1050-51, 1055; 21 XT.S.C. 352 (a), (f), (j)* tures may cause acceleration of bone re make the denture fit properly. Special 371(a)) sorption, soft tissue hyperplasia, and training and tools are needed to repair Dated: August 22,1969. other irreparable damage to the oral a dentine to fit properly. Dentures that cavity. Such articles designed for lay use do not fit properly cause irritation and W inton B. R ankin, should be limited to emergency or tem injury to the gums and faster bone loss, Deputy Commissioner porary situations pending the services of which is permanent and may require a of Food and Drugs. a licensed dentist. a completely new denture. Changes in [F.R. Doc. 69-10683; Filed, Sept. 8, 1969; (b) The Food and Drug Administra the gums caused by dentures that do not &:45 a.m.] tion therefore regards such articles as fit properly may require surged for cor unsafe and misbranded under the Fed rection. Continuing irrigation and injury eral Food, Drug, and Cosmetic Act, unless may lead to cancer in.:the mouth. You SUBCHAPTER B— FOOD AND FOOD PRODUCTS the labeling: must see your dentist as soon as possible. PART 120— TOLERANCES AND EX (1) (i) Limits directions for use for (3) If the denture relining or repair EMPTIONS FROM TOtERANCES FOR denture repair kits to emergency repair ing material forms a permanent bond PESTICIDE CHEMICALS IN OR ON ing pending unavoidable delay in ob with the denture, a warning statement RAW AGRICULTURAL COMMODI taining professional reconstruction of to the following effect should be in the denture; cluded: “This reliner becomes fixed to TIES (ii) Limits directions for use for denthe denture and a completely new den PART 121— FOOD ADDITIVES ture reliners, pads, and cushions to tem ture may be required because of its uie.” porary refitting pending unavoidable de (d) Labeling claims exaggerating^the Fluometuron lay in obtaining professional reconstruc usefulness or the safety of the material A. A petition (9F0764) was filed with tion of the denture; or failing to disclose all facts relevant to the Food and Drug Administration by (2) Contains in a conspicuous manner the claims of usefulness will be regarded the CIBA Agrochemical Co., Post Office the word “emergency” preceding and as false and misleading under sections Box 1105, Vero Beach, Fla. 32960, pro modifying each indication-for-use state 201 (n) and 502 (a) of the Federal Food, posing the establishment of a tolerance ment for denture repair kits and the Drug, and Cdsmetic Act. word “temporary” preceding and modify of 0.1 part per million for negligible resi (e) Regulatory action may be initi dues of the herbicide fluometuroh (1.1' ing each indication-for-use statement ated with respect to any article found d i m e t h y l-3~(œ,a,a-trifluoro-w-tolyl) for reliners, pads, and cushions; and within the jurisdiction' hfthe act con (3) Includes a conspicuous warning urea) in or on the raw agricultural com trary to the provisions off this policy modity sugarcane. statement to the effect: statement after 90 day ¿following the (i) For denture repair kits: “Warn The Secretary of Agriculture has cer date of publication of this Section in the tified that this pesticide chemical is use ing—For emergency repairs only. Long F ederal R e g is t e r term use of home-repaired dentures may ful for the purposes for which the toler cause faster bone loss, continuing irrita 2. By alphabetically inserting inance is being established. tion, sores, and tumors. This kit for §§ 131.15 and 131.25 new warning state Based on consideration given the data emergency use only. See Dentist Without ments, as follows: submitted in the petition and o th e r Delay.” § 131.15 Drugs for human use; recom relevant material, the Commissioner of (ii) For denture reliners, pads, and mended warning and caution state Food and Dfugs concludes that: cushions: “Warning—For temporary use ments. 1. Tolerances are unnecessary regard only. Long-term use of this product may * * * * * ing meat, milk, poultry, or eggs since the FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 RULES AND REGULATIONS 14169 proposed usage is not reasonably ex Effective date. This order shall become (4) Ultraviolet-absorbing n-heptane pected to result in residues of the herbi effective on the date of its publication in extractives not to exceed an absorbance cide in these commodities from feeding the F ederal R egister. of 0.40. livestock byproducts of the treated (Secs. 408(d) (2), 409(c) (1) , 68 Stat. 512, 72 Any person who will be adversely af sugarcane (bagasse and molasses) or Stat. 1786; 21 U.S.C. 346a(d) (2) , 348(c) (1) ) fected by the foregoing order may at any from treated cottonseed (the tolerance re time within 30 days from the date of its cottonseed was established Nov. 9, 1967; Dated: August 29, 1969. publication in the F ederal R egister file 32 P.R. 15578). These uses are classified J. K. K irk, with the Hearing Clerk, Department of in the category specified in § 120.6(a) (3). Associate Commissioner Health, Education, and Welfare, Room 2. The tolerance established by this for Compliance. 5440, 330 Independence Avenue SW., order will protect the public health. [F.R. Doc. 69-10684; Filed, Sept. 8, 1969; Washington, D.C. 20201, written objec Therefore, pursuant to the provisions 8:45 a.m.] tions thereto, preferably in quintuplicate. of the Federal Food, Drug, and Cosmetic Objections shall show wherein the per Act (sec. 408(d)(2), 68 Stat. 512; 21 son filing will be adversely affected by the Ü.S.C. 346a(d) (2) ) and under authority PART 121— FOOD ADDITIVES order and specify with particularity the delegated to the Commissioner (21 CFR provisions of the order deemed objec 2.120), § 120.229 Is revised to read as Subpart F— Food Additives Resulting tionable and the grounds for the objec follows: From Contact With Containers or tions. If a hearing is requested, the ob § 120.229 Fluometuron; tolerances for Equipment and Food Additives jections must state the issues for the Otherwise Affecting Food hearing. A hearing will be granted if the residues. objections are supported by grounds Tolerances are established for negli Styrene-M ethyl Methacrylate legally sufficient to justify the relief gible residues of the herbicide fiuome- Copolymers sought. Objections may be accompanied turon (1,1,dimethyl-3-(a,a,a-trifluoro- The Commissioner of Food and Drugs, by a memorandum or brief in support wi-tolyl) urea) in or on the raw agri having evaluated the data in a petition thereof. cultural commodities cottonseed and (FAP 9B2389) filed by The Richardson sugarcane at 0.1 part per million. Effective date. This order shall become Co., 2700 Lake Street, Melrose Park, 111. effective' on the date of its publication B. A related food additive petition60160, and other relevant material, con in the F ederal R egister. (FAP 9H2407) was filed with the Food cludes that the food additive regulations and Drug Administration by the afore (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 should be amended to provide for the safe (e)(1)) mentioned petitioner proposing the es use of styrene-methyl methacrylate co tablishment of a food additive tolerance polymers as components of plastic arti Dated: August 29,1969. of 0.2 part per million for residues of the cles intended for food-contact use. J. K. Kirk, herbicide in or on sugarcane bagasse Therefore, pursuant to the provisions of resulting from the application of the Associate Commissioner the Federal Food, Drug, and Cosmetic for Compliance. herbicide to the growing raw agricultural Act (sec. 409(c)(1), 72 Stat. 1786; 21 commodity sugarcane. Having evaluated U.S.C. 348(c) (1)) and under authority [F.R. Doc. 69-10685; Filed, Sept. 8, 1969; the data in the petition and other delegated to the Commissioner (21 CFR 8:45 ajm.] relevant material, the Commissioner 2.120), Part 121 is amended by adding concludes that the tolerance is safe and to Subpart F the following new section: should be established. Therefore, pur SUBCHAPTER D—HAZARDOUS SUBSTANCES suant to the provisions of the act (sec. § 121.2611 Styrene-methyl methacrylate PART 191 — HAZARDOUS SUB 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 copolymers. STANCES: DEFINITIONS AND PRO (c)(1)) and under authority delegated Styrene-methyl methacrylate copoly CEDURAL AND INTERPRETATIVE as cited above, Part 121 is amended by mers identified in this section may be adding the following new section to safely used as components of plastic ar REGULATIONS Subpart C: ticles intended for use in contact with Toy Rocket Propellant Devices; Ex food, subject to the provisions of this emption From Classification as § 121.331 Fluometuron. section. Banned Hazardous Substance A tolerance of 0.2 part per million is (a) For the purpose of this section, established for residues of the herbicide styrene-methyl methacrylate copolymers Fifteen comments, all in support, were fluometuron ( l,l-dimethyl-3- (a,a,«-tri- consist of basic copolymers produced by received in response to the notice pub fluoro-m-tolyl) urea) in or on sugarcane the copolymerization of styrene and lished in the F ederal R egister of July 10, hagasse resulting from application of the methyl methacrylate such that the fin 1969 (34 F.R. 11423), proposing that cer herbicide to the raw agricultural com ished basic copolymers contain more tain toy rocket propellant devices be ex modity sugarcane. than 50 weight percent of polymer units empted for reasons given from classifi Any person who will be adversely af derived from styrene. cation as “banned hazardous substances,” fected by the foregoing order may at any Ob) The finished plastic food-contact as defined by section 2(q) (1) (A) of the article, when extracted with the solvent Federal Hazardous Substances Act. The tune within 30 days from the date of its Commissioner of Food and Drugs con Publication in the F ederal R egister file or solvents characterizing the type of with the Hearing Clerk, Department of food and under the conditions of time cludes that the exemption is consistent Health, Education, and Welfare, Room and temperature characterizing the con with the purpose of the act and that the 5440 330 Independence Avenue SW., ditions of intended use as determined amendment should be adopted as Washington, D.C, 20201, written objec from tables 1 and 2 of § 121.2526(c), proposed. tions thereto, preferably in quintuplicate. yields extractives not to exceed the fol Therefore, pursuant to the provisions Objections shall show wherein the person lowing when tested by the methods pre of the act (sec. 2(q) (1) (B) (i), 74 Stat. niuig will be adversely affected by the scribed in § 121.2591(c) : 374, 80 Stat. 1304; 15 U.S.C. 1261) and order and specify with particularity the (1) Total nonvolatile extractives not under authority delegated to the Com Provisions of the order deemed objec to exceed 0.3 milligram per square inch missioner (21 CFR 2.120), two new sub- tionable and the grounds for the objec of surface tested. paragraphs are added to § 191.65(a) as tions. if a hearing is requested, the ob (2) Potassium permanganate oxidiza- follows: jections must state the issues for the ble distilled water and 8 and 50 percent § 191.65 Exemptions from classification neanng. a hearing will be granted if the alcohol extractives not to exceed an ab as banned hazardous substances. , DJecti°ns are supported by grounds sorbance of 0.15. (a) * * * egally sufficient to justify the relief (3) Utraviolet-absorbing distilled (8) Model rocket propellant devices ought. Objections may be accompanied water and 8 and 50 percent alcohol ex designed for use in light-weight, recover y a memorandum or brief in support tractives not to exceed and absorbance able, and reflyable model rockets, pro of 0.30. vided such devices: FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 No. 172---- 2 14170 RULES AND REGULATIONS Ci) Are designed to be ignited by elec afford the public an opportunity to par § 123.8 Military mail. trical means. ticipate in the rule-making process. How (a) Overseas military mail—(!) Army (ii) Contain no more than 62.5 grams ever, due to the pressing need to prevent and Air Force. Show grade, full name, (2.2 ounces) of propellant material and the removal of publicly owned artifacts including first name and middle name or produce less than 80 newton-seconds from park service areas, it is deemed initial, service number (same as Social (17.92 pound seconds) of total impulse contrary to the public interest to provide Security account number), organization, with thrust duration not less than 0.050 a period for public comment prior to APO number and the post office through second, installation of the above amendments, or which the mail is to be routed. Examples: to provide a notice period after publica (iii) Are constructed such that all the Pvt. Willard J. Doe, 300-52-6111, chemical ingredients are preloaded into tion before the amendments take effect. Company F, a cylindrical paper or similarly con Therefore, these amendments shall take 167th Infantry Regt., structed nonmetallic tube that will not effect upon the date of publication in the APO New York 09801. F ederal R egister. fragment into sharp, hard pieces. Ale Howard J. Doe, 248-60-5033, (iv) Are designed so that they will Section 2.20 is amended as follows: 50 Fid Maint Sq.,' not burst under normal conditions of use, § 2.20 Preservation of public property, CMR Box 801, are incapable of spontaneous ignition, natural features curiosities, and re APO New York 09109V and do not contain any type of explosive sources. A/lc Harold F: Doe 249-06-5432, or pyrotechnic warhead other than a 2d Bomb Squadron, small parachute or recovery-system ac (a) * * * (3) The possession or use of any min APO New York 09125. tivation charge. ***** (9) Separate delay train and/or re eral or metal detecting device is pro covery system activation devices intended hibited: Provided, That possession of (3) Dependents residing with military for use with premanufactured model such a device within a motor vehicle is personnel. Mail addressed to dependents rocket engines wherein all of the chemi permitted if the device is broken down or residing in overseas areas will be ad cal ingredients are preloaded so the packed in such a way as to prevent its dressed in care of the sponsor. Example: user does not handle any chemical in use while in the park areas: Provided fur Miss Mary 3. Doe, gredient and are so designed that the ther, That the provisions of this section c/o Sgt. Howard A. Doe 345-67-8000, main casing or container does not rup shall not apply to (i) fathometers, radar Company A, 1st Bn., 16th. Inf., ture during operation. equipment and electronic equipment APO New York 09036. A delayed effective date is unnecessary used primarily for the navigation and ***** for this promulgation since this order safe operation of boats and aircraft, (b) Military mail within United establishes an exemption as contem and (ii) mineral or metal detecting de States—(1) Army and Air Force. Show plated by the Federal Hazardous Sub vices used in pursuit of authorized min grade, full name, including first name stances Act under certain conditions. ing activities. and middle name or initial, service num (b) * * * ber (same as Social Security account Effective date, This order shall be ef (6) The possession or use of any number) , organization, military installa fective upon publication in the F ederal mineral or metal detecting device is tion, and the ZIP Code. Example: R egister. prohibited: Provided, That possession Pvt. Willard J. Doe, 300-52-6111, (Sec. 2(q) (1) (B) (i), 74 Stat. 374, 80 Stat. of such a device within a motor vehicle is Co. B, 1st Bn. 12th Infantry, 1304; 15 U.S.C. 1261) permitted if the device is broken down Fort Lewis, Wash. 98433. Dated: August 29,1969. or packed in such a way as to prevent its use while in the park areas: Provided A/lc Harold F. Doe, 249-06-5432, J. K . K ir k , 1 Strat Aeroep Div., further, That the provisions of this sec Vandenberg AF.B., Calif. 93437. Associate Commissioner tion shall not apply to (i) fathometers, for Compliance. radar equipment and electronic equip ***** (F.R. Doc. 69-10686; Filed, Sept. 8, 1969; ment used primarily for the navigation (3) Dependents residing with military 8:48 a.m.] and safe operation of boats and aircraft, personnel. CD Mail addressed to depend and (ii) mineral or metal detecting de ents for delivery through the sponsors’ vices used in pursuit of authorized min military unit should be addressed in care ing activities. of the sponsor. Example: Title 36— PARKS, FORESTS, * * * V * Master Robert Brown, (5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3) c/o Sgt. Michael Brown, 081-32-6959, Company A, 6th Bn., 10th Inf., AND MEMORIALS Dated: August 29,1969. Fort Gordon, Ga. 30905. Chapter I— National Park Service, Harthon L. Bill, ***** Department of the Interior Acting Director, Note: The corresponding Postal Manual National Park Service. sections are 123.811, 123.813, 123.821, and PART 2— PUBLIC USE AND 123.823. RECREATION [F.R. Doc. 69-10694; Filed, Sept. 8, 1969; 8:46 a.m.] Preservation of Public Property, Nat PART 126— SECOND-CLASS BULK ural Features, Curiosities, and Re MAILINGS sources I. Sections 126.3(c) (3) and (4) are Title 39— POSTAL SERVICE amended to update instructions regard Pursuant to the authority contained in Chapter I— Post Office Department ing mailing of packages either for direct section 3 of the Act of August 25, 1916 dispatch to a given unit through a postal (39 Stat. 535, as amended; 16 U.S.G. 3), it MISCELLANEOUS AMENDMENTS TO center or for distribution to destination, is proposed to amend the general regula CHAPTER by the postal center. Also, paragraph tions of § 2.20 of Title 36 of the Code of (d) of § 126.3 is amended. The affected Federal Regulations, as set forth below. The regulations of the Post Office De n/Yrfcirmc rvf 8 19ft 9 The purpose of these amendments is to partment are amended as follows: prohibit possession of mineral or metal § 126.3 Mailing. detection devices in natural and histori PART 123— ADDRESSES ***** cal areas and to further prohibit the Sections 123.8 Ca) and (b) are revised (c) Copies for military post offices possession and use of such devices in in part to convert servicemen’s serial overseas. * * * recreational areas. numbers to social security numbers as (3) Direct sacks. When there are a It is the policy of the Department of requested by the Departments of the sufficient number of packages and bun the Interior, whenever practicable, to Army and Air Force. dles for one unit. APO, or Navy or Marine FEDERAL REGISTER, VOL 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 RULES AND REGULATIONS 14171 Corps address to fill approximately one- CINCINNATI OH 452 PART 127— MAIL ADDRESSED TO half of a sack, a direct sack must be News made. Direct sacks will not be opened at The Register Columbus OH MILITARY POST OFFICES OVERSEAS postal concentration centers. The sack PCC SAN FRANCISCO CA 962 PART 156— RURAL SERVICE should be labeled in the following form: New APO 96360 (Show appropriate postal concentration The Recorder New York NY Miscellaneous Amendments center.) (c) Dispatching. Newspapers will be The regulations of the Post Office De (Show military address.) dispatched in pouches with first-class partment are amended as follows: 88 POC New York NY 110 mail when the quantity is not sufficient I. Section 127.1(f)(3) (34 P.R. ), is ORD P APO 09360 to make up separate sacks and when amended to require the sender to present The Recorder New York NY first-class mail is not airlifted. News an export license from Office of Muni papers for dispatch to railway post office, tions Control, Department of State, when (4) Mixed sacks. When the quantityhighway post offices, terminals, sectional mailing admissible firearms to overseas is insufficient for a direct sack and there centers, or first-class offices will not be military post offices. are enough bundles or packages for dis mixed in sacks with any class of mail patch through one postal concentration other than first class. Sacks labeled §127.1 Preparation and handling. center to fill approximately one-half of “Newspapers” will be dispatched with * * * * * a sack, make up a sack for that center other preferential mail in surface (f) General prohibitions. * * * and label in the following form: transportation. (3) Firearms not specifically prohib (Show appropriate postal concentration * * * • • ited by Footnote F of § 127.2 are subject center.) No te.: The corresponding Postal Manual to the provisions of §§ 125.5 and 125.9 of (Show FPO when applicable.) sections are 126.333, 126.341 through 126.346, this chapter. Sender must present an ex and 126.442. port license from Office of Munitions PCC San Francisco CA 962 Control, Department of State, Washing Ord P APO Man ton, D.C. 20520. See Part 253 of this The Recorder New York NY PART 132— SECOND CLASS chapter. (d) Delivery by transportation facili Section 132.3(c)(5) is amended by in N o t e : The corresponding Postal M n rm ^ ties—(1) Delivery by mobile unit clerks. section is 127.163. Mobile unit clerks, when authorized by cluding the conditions for exceptional the postmaster, may receive packages of dispatch of second-class publications for § 127.2 [Amended] second-class publications directly from merly stated in old § 126.3(d) (1) and (2). n . In § 127.2 Conditions prescribed publishers or news agents and deliver by the Defense Department applicable to them as directed, provided the packages § 132.3 Application for second-class mail addressed to certain military post are presented and called for at the mail privileges. offices overseas, make the following car and are not received from or intended * * * * * changes in the tabular data: for delivery in any post office. FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14172 RULES AND REGULATIONS - (b) The following definitions shall in accordance with the Interchange Buies of Title 49— TRANSPORTATION apply: the Mechanical Division, must be accepted by (1) Foreign car. A car on a road to owners at any junction point. Chapter X— Interstate Commerce Note: Notice of an intent on the part of which it does not belong. any road to invoke the provisions of this rule Commission (2) Home road. The road which owns should be issued by the designated trans SUBCHAPTER A— GENERAL RULES AND a car. portation officer to the designated transporta tion officer of the road to which the notice is REGULATIONS § 1033.1 Foreign empty cars at junction addressed, such notice to specify the type of [Ex Piarte 241f [R ule 1 ].' cars and particular junction points involved. Foreign cars, empty at a junction with Such notice ‘may not limit acceptance to PART 1033— CAR SERVICE the home road, must be: the individual cars previously delivered, but may require the return of an equivalent Investigation of Adequacy of Railroad (a) Loaded at that junction to or via number of horn# cars of the type specified, at Freight Car Ownership, Car Utili home rails, or, junction point where delivered loaded. zation, Distribution, Rules, and (b) Delivered empty at that junction to home road, except in instances where I nterpretations Practices Rule 6 has been invoked, or unless other The words “Movement of Traffib” in this September 4,1969. wise agreed by roads involved. rule mean the movement regularly through This proceeding was initiated by order any junction points of any kind of traffic in of the Commission dated December 20, § 1033.2 Foreign empty cars [Rule 2]. (or on) the same class of car. Car Service Buie 6 gives to a railroad 1963, and published on page 119 of the Foreign empty cars other than those which may deliver regularly, to a connection January 4, 1964, issue of the F ederal covered in Rule 1 shall be: through any junction, traffic of any kind in R egister. The proceeding was broad (a) Loaded to or via owner’s rails. (or on) its cars of the same class, the right ened by a notice of proposed rule making (b) Loaded to a destination closer to to require connection participating in the entered July 29, 1964, and published on owner’s rails than is the loading station handling of traffic from the junction point, to page 11653 of the August 14, 1964, issue or delivered empty to a short line or use that point of interchange for the return of the F ederal R egister. of the class of empty cars engaged in the switch loading road for such • loading. service, instead .of returning them at some On August 21, 1969, the Confmission, (Car Selection Chart is designed to aid in Division 3, entered a report in this pro other junction less favorable to the receiving so selecting cars for loading.) (owning) railroad. (Apr. 25,1923.) ceeding and ordered all Class I railroads (c) Delivered empty to the home road and named Class n railroads, and ter at any junction subject to Rule 6. § 1033.7 Interchange of cars [Rule 7]. minal and switching companies to man- (d) Delivered empty to the road from (a) (1) Cars shall be considered as ditorily observe Rules 1, 2, 7, 15, 16, 17, which originally received under load, at having been delivered to a connecting and 18, of the Code of Car Service the junction where received, except that railroad when placed upon the track Rules—Freight promulgated by the As when handled in road haul service, cars agreed upon and designated as the inter sociation of American Railroads. To give of direct connection ownership may not change track for such deliveries, accom public notice of the required observance be delivered empty to a road which does panied or preceded by necessary data for of these rules, the Commission ordered not have a direct connection with the forwarding and to insure delivery, and their publication in the F ederal R eg car owner. accepted by the car inspector of the re ister. The texts of these rules are set ceiving road. forth below and are codified as §§ 1033.0 (e) Return empty to the delivering to 1033.18 of Title 49 of the Code of road when handled only in switching (2) Notwithstanding subparagraph (1) Federal Regulations. service. of this paragraph, the receiving road N o t e : B ox cam covered by Car Service shall be responsible for the cars, contents The order of the Commission is effec Division Special Car Order No. 901 should and per diem after receipt of the proper tive October 3,1969. 1 be handled as provided therein. data for forwarding and to insure deliv ery. This responsibility shall continue as [seal] Andrew Anthony, Jr., N otes to Car Service Bm.ES 1 and 2 Acting Secretary. respects cars rejected by the car in (a) (1) “Junction” as used in these rules spector of the receiving road until such Part 1033 of Title 49 of the Code of means stations where roads interchange cars cars have been returned to the delivery Federal Regulations is revised to read at a common point or within switching road. The effect of this paragraph may as follows: limits over their own lines, or an intermedi ate line or lines, or a car ferry or float within be altered by special arrangements made Sec. such limits. Boad so interchanging cars shall between the roads concerned. 1033.0 General. be considered direct connections. Note : The character of the necessary data 1033.1 Foreign empty cars at junction (2) This information should be published will be determined by each receiving road in [Buie 1]. in “The Official Bailway Equipment Beg- accordance with the conditions of its service. 1033.2 Foreign empty cars [Buie 2]. ister”,a and when the interchange is other 1033.7 Interchange of cars [Buie 7]. than over their own rails, the channel (b) (1) Each railroad, with due re 1033.15 Bequests for cars [Buie 15]. through which the interchange is effected gard for efficient and economical railroad 1033.16 Oars for shippers’ exclusive use. must be shown. operating practices or conditions beyond [Buie 16]. (b) Inequities resulting from these rules the carriers’ control, will interchange 1033.17 loaded cars [Buie 17]. should be resolved by negotiations between within 24 hours after arrival or release 1033.18 Placing and removal of cars [Buie the roads involved, and exception to the rules 18]. at interchange station, all cars which it is permitted following such resolvement and properly may interchange in accordance Au th o rity : The provisions of Part 1033 are concurrence by the Car Service Division. with the provisions of paragraph (a) of< issued tinder secs. 1, 12, 15, 17, 24 Stat. 379, The following is Rule 6 which is to be 383, 384, as amended; 49 U.S.C. 1, 12, 15, 17. this section, subject to the following followed in conjunction with Rules l and 2. exceptions subparagraphs (2) to (4) of N ote : For service ordered issued under this It is not prescribed for mandatory observance part but not carried in the Code of Federal and is printed for information only: this paragraph: . Begulations, see List of Sections Affected. If a movement of «traffic requires return of (2) Cars covered by an embargo. § 1033.0 General. empty cars to home road via the junction at (3) Cars covered by written or tele which cars were delivered in interchange graphic notice given by the intended re (a) The car service rules prescribed by under load, the home road may demand re ceiving line stating that it is unable to §§ 1033.1-1033.18 shall be observed by all turn of empty cars at such junction, except Class I railroads (as defined in § 1240.1 that cars offered a home road for repairs, receive. of this chapter) and by those Class n (4) Cars w h ic h cannot be placed phys railroads, and terminal and switching ically upon the designated interchange 1 Available from the Association of Ameri track. companies subject to the report and or can Bailroads, 1920 L Street NW„ Wash der of the Commission in Docket Ex ington, D.C. 20036. (c) When interchange required by Parte No. 241, Investigation of Adequacy fl Available from the Bailway Equipment paragraph (b) (1) of this section cannot of Freight Car Ownership, 335 ICC 264, and Publication Co., 424 West 33d Street, New be accomplished, the provisions of Per decided August 21, 1969. York, N.Y. 10001. Diem Rule 15 will apply. FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 RULES AND REGULATIONS 14173 I nterpretations with applicable tariffs and divisional agree such assignment but desires other road- ments. Question : After a oar lias been accepted by haul carriers to participate in assign the inspector of the receiving road, is the (g) This rule shall apply in connection witlji empty cars interchanged between a ment, it will advise shipper accordingly delivering road relieved from responsibility and will make request on such other for damage to car and contents? common carrier by water and a common car rier by railroad. carriers. Answer: Yes. (Jupe 20, 1924.) (2) Pools of assigned cars including Question : Where a car has been accepted I nterpretations by the inspector of the receiving road, but cars of ownership other than the origi is not accompanied or preceded by proper 15(a) Qu e s t io n : In case a car held for nating road-haul carriers may be ex data for forwarding and to insiire delivery; a certain road is not delivered to that road, panded only upon the acceptance by the is the receiving road relieved from responsi can reclaim be made against such road? originating road-haul carriers. bility for damage to the car and contents? An s w e r : No. (3) When cars are assigned in ac Answ er: No; but the rule gives the right 15(b) Qu e s t io n : I s it necessary to furnish to receiving road to refuse to accept in inter initials and numbers of cars held which have cordance with this rule, they shall re change cars which are not accompanied or previously been reported by initials and main and be treated as assigned cars preceded by proper data for forwarding and num bers? An sw e r : No. until the shipper or owning railroad to insure delivery, and when such cars are 15(c) Qu e s t io n : When a road cannot ac notifies the other and the originating not accepted in interchange they are still in cept cars from a connection, is it necessary road-haul carrier(s) in writing at least the possession of the delivering road. (June for the connection to notify the delinquent ten (10) days in advance that such as 20, 1924.) line before midnight each day of the total signment is modified or canceled. When a loaded freight car containing a number of cars held for which reclaim is to (b) Assigned cars shall not be held shipment destined to a nonagency station (a be made? An s w e r : Yes. station at which there is no freight agent), 15(d) Q u e s t io n : When a road has invoked empty en route to loading point, except billed collect or insufficiently prepaid, is of the provisions of Oar Service Rule 6, and cars as follows: fered in interchange, it shall be accepted are offered to that road at another junction (1) Upon written instructions of as from the connecting carrier and forwarded to point, is the holding road entitled to reclaim signee. destination. (Jan. 25, 1926.) under Per Diem Rule 16? An sw e r : No. (2) When assignee cannot immedi Note: Rules of the A.A.R. Accounting Di § 1033.15 Requests for cars [Rule 15]. ately accept on arrival at loading point vision1 make provision for the Adjustment and cars cannot reasonably be held on of freight charges between the originating (a) Carriers shall record all requests other tracks at loading points. and the delivering carrier. for cars for loading, which shall include (3) For necessary repairs (not clean The following is Per Diem Rule 15. It is the following information if available: ing). not prescribed for mandatory observance and (1> Date and time. (c> The present and future assignment is printed for information only. Other Per (2) Name of party. by a carrier of specific cars for the exclu Diem Rules referred to in Per Diem Rule 15 (3) Name of person receiving request. are published in the Official Railway sive use of a shipper at a particular point Equipment Register-available from the Rail (4) Kind of and size of cars wanted. shall be reported by such carrier to the way Equipment and Publication Co., 424 (5) Number of cars wanted. Operating-Transportation Division of West 33d Street, New York, N.Y. 10001. (6) Date wanted (see Note 1 below). the Association of American Railroads by (a) A road failing to receive promptly (7) Commodity to be loaded. car initial, number, car type code, and from a connection car on which it has laid (8) Destination and route. specific assignment. Each carrier assign no embargo, shall be responsible to the con Note: If order covers more than one date ing such ears shall advise the Operating- nection for the per diem on cars so held for it must state number of cars wanted sepa Transportation Division of the Associa delivery, including the home cars of such rately for each day. connection. tion of American Railroads of any change A road failing to receive promptly from a (b) Request for cars shall be accepted in assignment not later than the last connection empty cars at home on its road, only by the road on which the car is to working day of the month in which moving home under Car Service Rules, shall be loaded. change occurred. The Operating-Trans be responsible to the connection for double portation Division of the Association of the per diem on such cars held for delivery (c) On cars originating in switching American Railroads will maintain a cur after the first day for which reclaim is made. service, the road performing the switch rent record of cars assigned, and dis (b) If such failure to receive shall con- ing service shall, if cars of suitable tribute such information to car owners tinue for more than 3 days, the delinquent ownership under these rules are imme Mne shall thereafter in addition be respon diately available, furnish cars for load assigning cars to a specific shipper at sible for the per diem on all cars wherever ing for road-haul via another carrier. If each location, as well as to the roads in transit which are thus held back for such cars are not immediately available, originating traffic from such assign delivery. ments, including originating switching (c) It shall be the duty of the connection the switching carriers shall immediately line serving the shipper involved. The intending to reclaim to notify the delinquent order suitable cars for the designated foregoing provisions of this paragraph Une daily, prior to midnight, through the road-haul carrier in the manner required shall not apply when all cars assigned to designated representative at the point where by paragraph (a) of this section. Cars cars are offered, of the total number of cars ordered by switching carriers from road- the exclusive use of a shipper at a par so held for it, and within 48 hours from haul carriers for return loading in road- ticular point are system cars of a single midnight of the day cars are offered furnish haul service will be furnished by road- road-haul carrier serving the shipper at tue initials and numbers of the cars. haul carriers in the same manner and to such point. FEDERAL REGISTER, VOL. 34, MO. 172— TUESDAY, SEPTEMBER 9, 1969 14174 RULES AND REGULATIONS . (d) When consignee is unable to accept mitted from sunrise-to sunset November immediately upon arrival and car cannot Title 50— WILDLIFE AND 8, through November 12, 1969, and with reasonably be held at destination. bow and arrow only from sunrise No (e) Oars loaded in violation of an FISHERIES v vember 29, 1969, to sunset December 21, embargo. 1969, inclusive, only on the area desig Chapter I— Bureau of Sport Fisheries nated by signs as open to hunting. This if) When normal route of movement and Wildlife, Fish and Wildlife is blocked because of accident, high wa open area comprising 13,000 acres, is de ter, damage to track, or other disability Service, Department of the Interior lineated on a map available at refuge of this railroad. headquarters, McGregor, Minn., and PART 32-—HUNTING from the Regional Director, Bureau of § 1033.18 Placing and removal of cars Arrowwood National Wildlife Refuge, Sport Fisheries and Wildlife, Federal [Rule 18] J N. Dak. Building, Fort Snelling, Twin Cities, (a) Each railroad will undertake to: Minn. 55111. Hunting shall be in accord (1) Placing of cars. Use reasonable The following special regulation is is ance with all applicable State regulations diligence to place loaded cars promptly sued and is effective on date of publica governing the hunting of deer. tion in the F ederal R egister. following arrival at destination. Carl E. P ospichal, (2) Removal of cars, (i) Carriers shall §32.22 Special regulations; upland Refuge Manager, Rice Lake Na use reasonable diligence to promptly re game; for individual wildlife refuge tional Wildlife Refuge, Mc move empty cars from point of unloading areas. Gregor, Minn. or interchange tracks of industrial plants North Dakota September 2, 1969. following unloading or release by con ARROWWOOD NATIONAL WILDLIFE REFUGE signee or shipper, unless such empty [F.R. Doc. 69-10705; FUed, Sept. 8, 1969; cars are ordered or appropriated by the Public hunting of sharp-tailed grouse 8:47 a.m.] shipper with approval of carrier for and Hungarian partridge on the Arrow- reloading. wood National Wildlife Refuge, N. Dak., is permitted only on the area designated PART 32— HUNTING (ii) Carriers shall use reasonable dili by signs as open to hunting. This open gence to: area, comprising 15,900 acres, is delin Arrowwood and Chase Lake National (a) Promptly remove outbound loaded eated on a map available at the refuge Wildlife Refuge, N. Dak. freight cars from point of loading or in headquarters and from the Regional Di terchange tracks of industrial plants fol rector, Bureau of Sport Fisheries and The following special regulations are lowing acceptance by carrier of shipping Wildlife, 1006 West Lake Street, Minne issued and are effective on date of publi instructions; and apolis, Minn. 55408. Hunting shall be in cation in the F ederal R egister. (b) Thereafter promptly forward such accordance with all applicable State reg § 32.32 Special regulations; big game; cars in line-haul service. ulations covering the hunting of sharp for individual wildlife refuge areas. tailed grouse and Hungarian partridge (iil) Cars subject to subdivisions (i) North Dakota and (li) of this subparagraph which are subject to the following conditions: not in fact made accessible to the carrier (1) Hunting is permitted from sunrise ARROWWOOD NATIONAL WILDLIFE REFUGE because of the actions of the consignee to sunset on November 17, 1969, through Public hunting of deer on the Arrow- December 14, 1969. wood National Wildlife Refuge, N. Dak., or consignor, shall be deemed not to have (2) All hunters must exhibit their been released until such cars are in fact hunting license, game and vehicle con Is permitted only on the area designated made accessible to the carrier. tents to Federal and State officers upon by signs as open to hunting. This open (b) Each railroad will, with due re request. area, comprising 10,930 acres, is deline gard for efficient railroad operating prac The provisions of this special regula ated on a map available at the refuge tices, hold no more cars for prospective tion supplement the regulations which headquarters and from the Regional Di- loading at any time for any industry govern hunting, on wildlife refuge areas rectorr Bureau of Sport Fisheries and which it serves, than those needed to generally which are set forth in Title 50, Wildlife, 1006 West Lake Street, Minne protect current requirements. Code of Federal Regulations, Part 32, and apolis, Minn. 55408. Hunting shall be in [F.R. Doc. 69-10713; Filed, Sept. 8, 1969; are effective through December 14, 1969. accordance with all applicable State reg 8:48 a.m.] I Arnold D. K ruse, ulations covering. the hunting of deer Refuge Manager, Arrowwood subject to the following conditions: [Ex Parte No. MC-37 (Sub-No. 13) ] National Wildlife Refuge, (1) Hunting is permitted from 12 noon Edmunds, N. Dak. to sunset on November 7, 1969, and from PART 1048— COMMERCIAL ZONES August 28, 1969. sunrise to sunset November 8, 1969, Rio Grande Border Municipalities; [F.R. Doc. 69-10692; Filed, Sept. 8, 1969; through November 16,1969. Commercial Zones and Terminal 8:46 a.m.] (2) All hunters must exhibit their Areas; Extension of Effective Date hunting license, deer tag, game, and PART 32— HUNTING vehicle contents to Federal and State S eptember 2, 1969. By order dated September 2, 1969, the Rice Lake National Wildlife Refuge, officers upon request. effective date of the order of the Com Minn. The provisions of this special regula tion supplement the regulations which mission of May 7,1969, published cm page The following special regulation is is 9870 of the June 26, 1969, issue of the govern hunting on wildlife refuge areas sued and is effective on date of publica generally which are set forth in Title F ederal R egister amending § 1048.101 of tion in the F ederal R egister. Chapter X of Title 49 of the Code of Fed 50, Code of Federal Regulations, Part § 32.32 Special regulations; big game; 32, and are effective through N ovem ber eral Regulations is extended to October for individual wildlife refuge areas. 8, 1969. 16, 1969. Minnesota CHASE LAKE NATIONAL WILDLIFE REFUGE [seal] Andrew Anthony, Jr., Acting Secretary. RICE LAKE NATIONAL WILDLIFE REFUGE Public hunting of deer on the Chase [F.R. Doc. 69-10714; Filed, Sept. 8, 1969; Public hunting of deer on the Rice Lake National Refuge, N. Dak., is per 8:48 a.m.] Lake National Wildlife Refuge is per mitted only on the area designated by FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 RULES AND REGULATIONS 14175 signs as open to hunting. This open area, to sunset on November 7, 1969, and from 50, Code of Federal Regulations, Part 32, comprising 4,600 acres, is delineated on sunrise to sunset November 8, 1969, and are effective through November 17, a map available at the Refuge headquar through November 16,1969. 1969. ters and from the Regional Director, Bu (2) All hunters must exhibit their Arnold D. K ruse, reau of Sport Fisheries and Wildlife, hunting license, deer tag, game, and ve Refuge Manager, Arrotmoood 1006 West Lake Street, Minneapolis, hicle contents to Federal and State offi National Wildlife Refuge, Minn. 55408. Hunting shall be in accord cers upon request. Edmunds, N. Dak. ance with all applicable State regulations The provisions of this special regula covering the hunting of deer subject to tion supplement the regulations which August 28, 1969. the following conditions: govern hunting on wildlife refuge areas [F.R. Doc. 69—10691; Filed, Sept. 8, 1969; (1) Hunting is permitted from 12 noon generally which are set forth in Title 8:46 a.m.] FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14176 Proposed Rule^ Making (b) If no prior art was specifically Washington, D.C. 20590. An informal DEPARTMENT OF COMMERCE considered in connection with the inven docket also will be available for examina tion claimed in the application, the brief tion at the office of the Regional Air Patent Office shall include an express statement to Traffic Division Chief. that effect with an explanaton as to why V-476 is presently designated from [ 37 CFR Part 1 1 the claims are deemed patentable. Washington, D.C., via Baltimore, Md., to RULES OF PRACTICE IN PATENT (c) Neither matters of judgment in Millville, N.J. A review of IFR peak-day CASES identifying patents, publications, or any traffic for fiscal years 1967 and 1968 dis other prior art, whether or not required, closed that there were no aircraft move Preexamination by this section, nor inadvertent failure ments on V-476 between Washington and Notice of proposed rule making re to comply with the provisions of this Baltimore, and only one between Balti garding an amendment of Part 1, Title section shall constitute grounds for re more and Millville. V-476 is not a pre fusing to issue a patent. ferred route between the Washington/ 37, Code of Federal Regulations by add Baltimore and New York terminals. Its ing thereto a new center heading reading William E. S chuyler, Jr'., use is limited because it penetrates the “Preexamination” and a new § 1.98 relat Commissioner of Patents. Aberdeen, Md., Restricted Area R-4001. ing to the submission of a patentability Approved: September 5, 1969. Also, the segment between Washington brief, was published in the F ederal R eg and Baltimore coincides with V-157. The ister of July 31, 1969 (34 F.R. 12532). Myron T ribus, As a result of further deliberations, the Assistant Secretary for segment between Baltimore and Millville Patent Office has decided under the Science and Technology. can be served by V-44, V-268, and V-16. ... In view of the foregoing, the FAA pro authority contained in section 6 of the Dated: September 5, 1969. Act of July 19, 1952 (66 Stat. 793; 35 poses the revocation of V-476. U.S.C. 6), to revise the original proposal [F.R. Doc. 69-10756; Filed, Sept. 8, 1969; This amendment is proposed under the in the manner set forth below. This 8:48 am.] authority of section 307(a) of the Fed revised proposal would expedite the pros eral Aviation Act of 1958 (49 U.S.C. 1348) ecution of applications and strengthen and section 6(c) of the Department of the presumption of validity of issued Transportation Act (49 U.S.C. 1655(c)). patents. DEPARTMENT OF Issued in Washington, D.C., on Sep Parties who desire to present their tember 3, 1969. views, objections, recommendations, or TRANSPORTATION H. B. H elstrom, suggestions in connection with this re Federal Aviation Administration Chief, Airspace and Air vised proposal are invited to do so by Traffic Rules Division. letter addressed to the Commissioner of [ 14 CFR Part 71 3 [F.R. Doc. 69-10676; Filed, Sept. 8, 1969; Patents, Washington, D.C. 20231, on or 8:45 a.m.] before October 23, 1969. Oral comments [Airspace Docket No. 69—EA-96] may be presented at a hearing to be held FEDERAL AIRWAY on Thursday, October 23, 1969, a t 9 a.m. d.s.t., in Room 34-3D50, Building 34,2011 Proposed Revocation Jefferson Davis Highway, Arlington, Va. The Federal Aviation Administration FEDERAL TRADE COMMISSION All persons wishing to be heard orally is considering an amendment to Part 71 [1 6 CFR Part 245 3 are requested to notify the Commissioner of the Federal Aviation Regulations that of Patents of their intended appearance. would revoke VOR Federal airway No. GUIDES FOR WATCH INDUSTRY; DIS P reexamination 476. CLOSURE OF FOREIGN ORIGIN OF Interested persons may participate in WATCH MOVEMENTS § 1.98 Patentability brief. the proposed rule making by submitting (a) At the time of filing an applica such written data, views, or arguments Extension of Time for Filing Written tion, or at such time as may be specified as they may desire. Communications Comments in an official notice, the applicant shall should identify the airspace docket-num The Commission has extended from submit a patentability brief. The brief ber and be submitted in triplicate to the September 6, 1969, to November 10, 1969, shall identify a reasonable number of Director, Eastern Region, Attention: the closing date for the submission of patents and publications that were be Chief, Air Traffic Division, Federal Avia written views on its proposed revision of lieved to be prior art and were specifically tion Administration, Federal Building, Guide 10 (§ 245.10), disclosure of foreign considered most pertinent in connection John F. Kennedy International Airport, origin of watch movements, movement with the invention claimed in the appli Jamaica, N.Y. 11430. All communications parts, and related matters, of the Guides cation. The brief shall further Include received within 30 days after publication for the watch industry. A notice of the an explanation as to why the claims in of this notice in the F ederal R egister proceedings for the revision of this Guide such application are deemed patentable will be considered before action is taken was published in the F ederal R egister over the identified patents and publica on the proposed amendment. The pro issued August 7, 1969, 34 F.R. 12836. tions. Copies of the Identified patents posal contained in this notice may be and publications, other than patents of changed in the light of comments Approved: September 4, 1969. the United States, shall be submitted received. By direction of the Commission. with the brief. The patentability brief An official docket will be available for [seal] J oseph W. Shea, shall not be construed as a representa examination by interested persons at the Secretary. tion that a search has been made or that Federal Aviation Administration, Office no better art exists than that identified of the General Counsel, Attention: Rules [F A Doc. 09-10746; Filed, Sept. 8, 1969: as having been specifically considered. Docket, 800 Independence Avenue SW., 8:48 a.m.] FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14177 Notices vention of establishment j>f an industry Internal Revenue Service DEPARTMENT OF THE TREASURY in the United States. Pursuant to section 201(b) of the Act JAMES LARRY DRAKE Bureau of Customs (19 U.S.C. 160 (b)) notice is hereby given Notice of Granting of Relief TEMPERED SHEET GLASS FROM that there are reasonable grounds to be JAPAN lieve or suspect that the purchase price Notice is hereby given that James (section 203 of the Act; 19 U.S.C. 162) of Larry Drake, 501 Skipwith Place, Char Antidumping Proceeding Notice such steel bars, reinforcing bars, and lotte, N.C., has applied for relief from shapes manufactured by The Broken Hill disabilities imposed by Federal laws with August 29,1969. Proprietary Co., Ltd., Melbourne, Aus respect to the acquisition, receipt, trans On June 20, 1969, information was tralia, is less, or likely to be less, than the fer, shipment, or possession of firearms received" in proper form pursuant to foreign market Value (section 205 of the incurred by reason of his conviction on §§ 53.26 and 53.27, Customs Regulations Act; 19 U.S.C. 164) . January 7,1957, in the Superior Court of (19 CFR 53.26, 53.27) , indicating a pos Statement of reasons. The information Mecklenburg County, N.C., of an offense sibility that tempered sheet glass from currently before the Bureau tends to punishable by imprisonment for a term Japan is being, or likely to bé, sold at less indicate that the probable basis of com exceeding 1 year, as defined in 18 U.S.C. than fair value within the meaning of parison will be between purchase price 921(a) (20). Unless relief is granted, it the Antidumping Act, 1921, as amended and home market price. will be unlawful for James Larry Drake, <19 U.S.C. 160(a) et sect.). Preliminary analysis suggests that because of such conviction to ship, trans The information was submitted by purchase price will probably be calcu port, or receive in interstate or foreign Lincoln and Stewart, Washington, D.C. lated by deducting ocean freight, insur commerce any firearm or ammunition, There is evidence on record concerning ance, and inland freight in the exporting and he would be prevented under chapter injury to or likelihood of injury to or pre country from the c.i.f. price to the 44, title 18, United States Code, from ob vention of establishment of an industry United States. taining a license under that chapter as a in the United States. It appears that home market price will firearms or ammunition importer, manu Having conducted a summary investi probably be based on the price list price facturer, dealer, or collector. In addition, gation as required by § 53.29 of the Cus in the country of exportation. Probable under title VII of the Omnibus Crime toms Regulations (19 CFR 53.29) and adjustments to be made to this price will Control and Safe Streets Act of 1968 (82 having determined as a result thereof be inland freight and a trade discount. Stat. 236; 18 U.S.C., Appendix) it would that there are grounds for so doing, the With respect to reinforcing bars, an ad be unlawful for Mr. Drake to receive, Bureau of Customs is instituting an in justment for difference in quality be possess, or transport in commerce or quiry to verify the information submit tween the product sold in the home mar affecting commerce a firearm. Notice is ted and to obtain the facts necessary to ket and that sold to the United States hereby further given that 1« have con enable the Secretary of the Treasury to appears on the basis of present evidence sidered James Larry Drake’s application reach a determination as to the fact or to be warranted, , and have found: likelihood of sales at less than fair value. Using the above criteria, there are rea (1) The conviction was made upon a A summary of information received sonable grounds to believe or suspect that charge which did not involve the use of from all sources is as follows: The infor purchase price will be lower than home a firearm or other weapon or a violation mation received tends to indicate that market price.' of chapter 44, title 18, United States Code, the prices of the merchandise sold for Customs officers are being directed to or of the National Firearms Act; and exportation to the United States are less withhold appraisement of steel bars, re than the prices for home consumption. (2) It has been established to my sat inforcing bars, and shapes manufactured isfaction that-the circumstances regard This notice is published pursuant to by The Broken Hill Proprietary Co., Ltd., § 53.30 of the Customs Regulations (19 ing the conviction and the applicant’s CFR 53.30). Melbourne, Australia, in accordance with record and reputation are such that the § 53.48, Customs Regulations (19 CFR applicant will not be likely to act in a Eseal] E dwin F. R ains, 53.48). manner dangerous to public safety, and Acting Commissioner of Customs. In accordance with § § 53.32(b) and that the granting of the requested relief [FR. Doc. 69-10710; Piled, Sept. 8, 1969; 53.37, Customs Regulations (19 CFR to James Larry Drake from disabilities 8:47 a.m.] 53.32(b), 53.37), interested parties may incurred by reason of his conviction present written views or arguments, or would not be contrary to the public STEEL BARS, REINFORCING BARS, requests in writing that the Secretary of interest. the Treasury afford an opportunity to AND SHAPES FROM AUSTRALIA present oral views. It is ordered, Pursuant to the authority Withholding of Appraisement Notice Any such written views or arguments, vested in the Secretary of the Treasury or requests should be addressed to the by section 925(c) , title 18, United States August 29, 1969. Commissioner of Customs, 2100 K Street Code, and delegated to me by the regu ^formation was received on May 3, NW., Washington, D.C. 20226, in time lations in Title 26, Part 178, Code of i»68, that steel bars, reinforcing bars, to be received by his office not later than Federal Regulations, that James Larry mid shapes manufactured by The Broken 14 days from the date of publication of Drake be, and he hereby is granted relief «HI Proprietary Co., Ltd., Melbourne, this notice in the F ederal R egister. from any and all disabilities imposed by Australia, were being Sold at less than This notice, which is published pursu Federal laws with respect to the acquisi iair value, within the meaning of. the ant to § 53.34(b), Customs Regulations, tion, receipt, transfer, shipment, or pos ntidumping Act, 1921, as amended (19 Shall become effective upon publication session of firearms incurred by reason of u.b.c. i60 etseq.) (referred to in this no in the F ederal R egister. It shall cease the conviction hereinabove described th & s • This information was to be effective at the expiration of 6 Signed at Washington, D.C., this 3d subject of an “Antidumping Fro- months from the date of such publica day of September 1969. tho w S Notice” which was published in tion, unless previously revoked. iqrqFederal R egister of September 24, [seal] W illiam H. Smith, °« Page 14379. The “Antidumping [seal] Myles J. Ambrose, Acting Commissioner roceedmg Notice” indicated that there Commissioner of Customs. of Internal Revenue. in« ®vidence on record concerning in- [F.R. Doc. 69-10711; Filed, Sept. 8, 1969; [F.R. Doc. 69-10712; Filed, Sept. 8, 1969; ry to °r likelihood of injury to or pre 8:47 a.m.] 8:47 a.m.] No. 172----- 3 FEDERAL REGISTER, VOL. 34; NOl 172— TUESDAY, SEPTEMBER 9, 1969 14178 NOTICES Thence S. 66°57'15" E. along said centerline torial expansion of the United States; of Poplar Street, a distance of 379.95 feet, DEPARTMENT OF THE INTERIOR and to a railroad spike on the northward ex Whereas, lands and interests in lands tension of the east line of Second Street; Fish and Wildlife Service have been acquired for the purposes of Thence S. 19’IS' W. along said east line of [Docket No. G-442] this national historic site for an aggre Second Street, a distance of 0.45 foot, to a gate of 90.96 acres; and railroad spike; ROBERT L. KALB Whereas, the exterior lines of the prop Thence S. 67° E. along the centerUne of Pop erties so acquired at a number of points lar Street, a distance of 608.75 feet to a Notice of Loan Application and locations are not consistent with the point on the wharf, passing First and Com Robert L. Kalb, Star Route, Box 6, perimeter of the site as described by the mercial Streets, and passing the west line Brownsville, Tex. 78520, has applied for Secretary of the Interior in his letter to of the wharf at a distance of 599.71 feet; a loan from the Fisheries Loan Fund to the President of December 20, 1935; and Thence northwardly on said wharf six calls aid in financing the purchase of a used as follows: Whereas, it is in the public interest to N. 19°33'20'' E„ 392.247 feet to a point of 65.9-foot registered length wood vessel correctly describe and delineate the curvature; thence on a curve to the left to engage in the fishery for shrimp, boundaries of the said site; having a radius of 15,511.941 feet for an snappers, and groupers. Now, therefore, I, Walter J, Hickel, arc distance -of 400.236 feet; thence N. Notice is hereby given pursuant to the Secretary of the Interior, by virtue of 18°04'38" E., 2,224.094 feet to a point of provisions of Public Law 89-85 and Fish and pursuant to the authority vested in curvature; thence on a curve to the left eries Loan Fund Procedures (50 CFR me under the Act of August 21, 1935 (49 having a radius of 1,668.794 feet, for an Part 250, as revised) that the above- Stat. 666; 16 U.S.C. 461 et seq.), do arc distance of 177.490 feet; thence N. entitled application is being considered 11°59'00" E., 546.880 feet; thence N. hereby redesignate the following as the 7°47'59'' E„ to the south face of Eads by the Bureau of Commercial Fisheries, boundaries of the Jefferson National Ex-, Bridge; Fish and Wildlife Service, Department of pansion Memorial National Historic Site: Thence westerly along the south face of Eads the Interior, Washington, D.C. 20240.- Beginning at the intersection of the center- Bridge, and around the tower extending Any person desiring to submit evidence line of Third Street (38.50 feet wide) with therefrom, to the point of beginning. that the contemplated operation of such the western prolongation of the southern Except. “The Old Cathedral” located in City vessel will cause economic hardship or face of Eads Bridge; Block 59 and described as follows: Begin injury to efficient vessel operators al Thence S. 8°39' W„ 336 feet, more or less, ning at a point where the centerline of ready operating in that fishery must sub along the centerline of Third Street to its Third Street intersects the centerline of mit such evidence in writing to the Di intersection with the eastward prolonga Market Street extended eastward; thence rector, Bureau of Commercial Fisheries, tion of the centerline of Vine Street (32.08 S. 17°23'30" W. 348.26 feet along said cen within 30 days from the date of publica feet wide); terline of Third Street to its intersection Thence S. 71°58'45" E., 9.21 feet along said with the centerline of Walnut Street to the tion of this notice. If such evidence is re centerline of Vine Street; east (50 feet wide); thence S. 72°15'45" ceived it will be evaluated along with Thence continuing along said centerline of E. along said centerline of Walnut Street, a such other evidence as may be available Third Street S. 16°59' W., 290.51 feet to its distance of 101.21 feet, to its intersection before making a determination that the intersection with the eastward prolonga with the southward extension of the cen contemplated operations of the vessel tion of the centerline of Locust Street terline of a 10-foot wide alley, which point will or will not cause such economic (32.08 feet wide) ; is the True point of beginning of the tract hardship or injury. Thence S. 17°05'45'' W. along said centerline herein described; thence N. 17°46'15" E. of Third Street a distance of 870.98 feet, along the centerline of the abovemen- C. E. P eterson, passing Olive and Pine Streets, to its inter tioned alley, a distance of 196.66 feet, to Chief, section with the eastward prolongation of the centerline of a 25-foot wide alley; Division of Financial Assistance. the centerline of Chestnut Street (60 feet thence S. 72°29'30" E. along the centerline wide); of said alley 144.58 feet to the centerline [F.R. Doc. 69-10706; Filed, Sept. 8, 1969; Thence N. 72°09'15" W. along said centerline of a 10-foot wide alley; thence S. 17°46'15" 8:47 a.m.] of Chestnut Street a distance of 377.60 W. along the centerline of said alley, a dis feet to its intersection with the centerline tance of 197.24 feet to its intersection with of Fourth Street (80 feet wide) ; the centerline of Walnut Street; thence N. Office of the Secretary Thence N. 17°54'15" E. along the centerline 72°15'45'' W. along said centerline of Wal JEFFERSON NATIONAL EXPANSION of Fourth Street, a distance of 0.13 foot; nut Street, a distance of 144.58 feet, to the Thence N. 72°16'45" W. along the centerline True point of beginning. MEMORIAL NATIONAL HISTORIC of Chestnut Street, a distance Of 350.08 SITE, MO. feet, to its intersection with the centerline The tract described, without the except of Broadway (80 feet wide) ; ed area, contains 90.96 acres of which 5.5 Order Redesignating Boundaries Thence S. 17°53'45" W. along the centerline acres are held under a perpetual of Broadway, a distance of 293 feet, to its Whereas, the Secretary of the Interior intersection with the centerline of Market easement. on December 20, 1935, advised the Presi Street (60 feet wide) ; The aforesaid boundaries are depicted dent that certain described lands at or Thence S. 72° 10' E. along the centerline of on a drawing of the Jefferson National near the site of Old St. Louis, Mo., pos Market Street, a distance of 350.03 feet, to Expansion Memorial National Historic sessed exceptional value as commemo the centerline of Fourth Street; Site bearing the No. NHS/JNEM-7100, rating and illustrating the history of the Thence S. 17°54'15" W. along the centerline and dated April 30, 1965 (revised Dec. 6, of Fourth Street, a distance of 4.24 feet; 1966), which drawing is on file and avail United States and comprised a historic Thence S. 72° 21' E. along the centerline of site within the meaning of the Act of Market Street (48.08 feet wide), a distance able for public inspection in the Offices August 21, 1935 (49 Stat, 666; 16 U.S.C. of 382.03 feet, to its intersection with the of the National Park Service, Washing 461 etseq.) ; and centerline of Third Street; ton, D.C., and in the Office of the Whereas, the President of the United Thence S. 17°23'30" W. along the centerline Superintendent Jefferson National Ex States by Executive Order No. 7253 of of Third Street, a distance of 1,202.86 feet pansion Memorial National Historic Site, December 21, 1935, allocated funds to passing Walnut and Elm Streets and Clark 11 North Fourth Street, St. Louis, Mo. the Department of the Interior to be Avenue, to its intersection with the east 63102. expended for acquiring the described ward extension of the centerline of Spruce In witness whereof I have hereunto property and for developing and pre Street (32.08 feet wide) ; Thence S. 17°42'30" W. along the centerline set my hand and caused the official seal serving it for the purposes of the afore of Third Street, a distance of 268.15 feet, of the Department of the Interior to be said act; and to its intersection with the eastward ex affixed at the City of Washington this Whereas, the Congress through enact tension of the centerline of Valentine 29th day of August 1969. ment of the Act of May 17, 1954 (68 Street (32.08 feet wide) ; Stat. 98; 16 U.S. C. 450jj), and amend Thence N. 69°30’15" W. along said centerline Dated: August 29, 1969. ments thereto, authorized construction of Valentine Street, a distance of 0.43 foot; [seal] W alter J. H ickel, upon the Jefferson National Expansion Thence S. 18“24'30" W. along the centerline Secretary of the Interior. Memorial National Historic Site of an of Third Street, a distance of 261.77 feet, appropriate national memorial to those to its intersection with the centerline of [F.R. Doc. 69-10693; Filed, Sept. 8, 1969: persons who made possible the terri Poplar Street (32.08 feet wide) ; 8:46 a.m.] FEDERAL REGISTER, VOL. 34, NO. 172—-TUESDAY, SEPTEMBER 9, 1969 NOTICES 14179 F lag of R egistry and Name o f Sh ip F lag of R egistry and Name of Sh ip DEPARTMENT OF COMMERCE Gross Gross Cypriot—Continued tonnage Maritime Administration Polish—Continued tonnage * ’Newlane . (trips to Cuba— G rodziec______3, 379 [Report No. 99] British) __-______7,043 Huta Florian.—_____£.______7, 258 Newmoor (previous trips to Cuba—- Huta Labedy______7, 221 LIST OF FREE WORLD AND POLISH B r itis h ) _„______|__ 7,168 Huta Ostrowiec______7, 179 FLAG VESSELS ARRIVING IN CUBA ’ ’Noelle (trips to Cuba—Leba Huta Zgoda______6, 840 nese) ______. 7,251 H utnik ______^______-£_____ 10, 847 SINCE JANUARY 1, 1963 Olga (previous trips to Cuba— Kopalnia Bobrek_i ______7, 221 Section i. The Maritime Administra Lebanese and Greek)__:______7,265 Kopalnia Czladz______.______7, 252 tion is making available to the appro Protoklitos ______6,154 Kopalnia Miechowice______7, 223 priate Departments the following list of Suerte ______7, 267 Kopalnia Siemianowlce______7,165 Sunrise (previous trips to Cuba Kopalnia Wujek______7, 033 vessels which have arrived in Cuba since as the Anatoli—Greek)__,___ _ 7,216 Narwik ______7,065 January 1, 1963, based on information ’Tegean ------______7,240 P ia st______.______3, 184 received through August 25, 1969, ex Thios Costas (previous trips to Rejowiec______3, 401 clusive of those vessels that called at Cuba—Somali)______7, 258 Transportowiec______.__ 10, 854 Cuba on U.S. Government-approved Tina (previous trips to Cuba— noncommercial voyages and those listed Greek) _____:______7,362 Greek (11 ships).______78,060 in section 2. Pursuant to established U.S. Toula (previous trips to Cuba— Government policy, the listed vessels are Lebanese)______-_ 6,426. ” Aegis Luck—(tanker) (trip to Vassiliki (previous trips to Cuba— Cuba as the Captain Papalios- ineligible to carry U.S. Government-fi Lebanese) ______7,192 Cypriot) ------11,676 nanced cargoes from the United States. V enturer______9,000 ’ ’Aliartos (trip to Cuba as the Flag op R egistry and Name o p S h ip Loradore—B ritish)______8, 078 British (45 ships)______:.___ 366,504 Andromachi (previous trips to Gross Cuba as the Penelope—Greek) 6, 712 tonnage Antarctica ______8,785 ’ ’Anna Maria (trips to Cuba as Total, all flags (170 ships) __ 1, 230,064 Arctic Ocean______8, 791 the Helka—British)______2,111 Athelcrown (tanker).______11,149 Eftyhia______,______9, 844 Cypriot (47 ships)______342,010 Athellaird (tanker)______11,150 ’ ’Gold Land (trip to Cuba as Athelmonarch (tanker)______11,182 the Amfred—Swedish)______2, 838 Aegis Hope (previous trips to Avisfaith______i __ ;______7, 868 ’ ’Ispahan (trips to Cuba—Mal Cuba as the Huntsmore—Brit Baxtergate ______8, 813 tese) ______7, 169 ish) ______5, 678 Changpaishan______8, 929 Yugoslav (8 ships)______54,379 Akmeon (tanker)______11,105 Cheung Chau______8, 566 Alda__^______7, 292 Chiang Kiang______10, 481 Agrum ______------2,449 Alice (previous trips to Cuba— East Sea_____!______9, 679 B a r ------8,776 Greek)______7,189 Eastfortune ______:_____ 8, 789 Cetinje------8, 229 Alma______6, 585 Eastglory ______8,995 Kolasin ______7, 217 *Alpa______■ 9, 159 Fortune Enterprise______7, 696 Piva ------7, 519 Amflthea (previous trip to Cuba Hemisphere ______8, 718 Plod ______3, 657 as the Antonia—Greek)______5, 171 Ho Fung______7,121 Subicevac ______9,033 Angeliki ______s.______8, 482 Huntsland ______9, 353 Tara ______7, 499 Anka ______7,314 Huntsville______9,486 Apollonian ______7, 229 Hwang Ho______9, 457 French (6 ships)______19, 316 Aretl (previous trips to Cuba— ” Jeb Lee (trip to Cuba as the Lebanese)______7, 176 Garthdale—British) ______7, 542 ’’Atlanta (trip to Cuba as the Arion______^______3,570 Jollity ------8, 819 Enee—French)______1, 232 ’Armar______'______;____ 5,089 *’Kelso (trip to Cuba as the Ard- C irce------2, 874 ’Azalea ______9,506 gem—British) ______6, 981 Foulaya ______3, 739 ’Camelia ______8, 711 Kinross ------5, 388 M ungo------4, 820 Claire (previous trips to Cuba— Magister ______2, 239 Nelee------2, 874 Lebanese) ______5, 411 ” Meadow Court (trip to Cuba P e n ja ------3, 777 Coolady______;______2, 867 as the Ardrossmore—British)__ 5,820 Degedo ______9,000 Nancy Dee— ______6, 597 Lebanese (6 ships)______41,204 Dolphin______3,550 Nebula ____ 8, 907 Dorine Papalios (previous trips to Newglade ______£______7,368 A ntonis------6, 259 Cuba as the Formentor—Brit N ew heath______7, 643 A stir------i------5,324 ish) ______8,424 Oceantramp ___ 6, 185 G iannis______5, 270 E. D. Papalios______9,431 Oceantravel ______10,419Marichristina______7,124 ’Pelicie______7, 096 Peony _____ 9, 037 T ony------:______7,176 Free Trader (previous trips to Red Sea (previous trip to Cuba Yanxilas ______10,051 Cuba—Lebanese) ______7, 061 as the Grosvenor Mariner—Brit Huntsfield (previous trips to ish) ------—.------7, 026 Italian (5 ships).______45,780 Cuba—British) ______9,483 ” Rosetta Maud (trips to Cuba ’’Ilena (previous trips to Cuba— as the Ardtara—British)______5, 795 ♦Alderamine (tanker)______12,505 Lebanese)______5, 925 Ruthy Ann______7, 361 Elia (tanker)______11,021 Irena (previous trips to Cuba— Sea Amber______10,421 San Francesco______9, 284 Greek)______7,232 Sea Captain______7,385 Santa Lucia___ ^______9, 278 Johnny ______9, 689 Sea Coral______10, 421 Som alia______3, 692 Katerina (previous trips to Cuba— Sea Empress______9,841 Lebanese) ______9, 357 Seasage ------4, 330 Somali (5 ships)______.___ 30,448 Kounistra (previous trips to Cuba ’’Shun Wah (trip to Cuba as the as the Nicolaos Frangistas and Vercharmian—British) _._____ 7, 265 Aragon------7,248 the Nicolaos F.—Greek)______7, 199 ’’Tetrarch (trips to Cuba as the Aria ------5,059 Marika (previous trip to Cuba— Ardrowan—B ritish)______7, 300 * ’Atlas (trip to Cuba—Finnish) __ 3, 916 Lebanese) 7, 290 Venice ------8, 611 M®ry (previous trips to Cuba— Vergmont ______7,381 Erato (previous trips to Cuba as Greek) ______7, 258 Yunglutaton ______5,414 the Eretria—Greek)______7, 199 *’Mousse (trips to Cuba—Leba Stevo (previous trips to Cuba— nese) 9, 307 Polish (21 ships) —------150,590 Lebanese) ______7, 066 Newforeat (previous trips to Cuba—British) ______7,189 Baltyk ___„_------6, 984 Moroccan (4 ships)______32,746 Newgate (previous trips to Cuba— Bialystok______7, 173 British) ______' Bytom ------5’ 967 6,743 Chopin------9,231 Atlas ______10,392 Chorzow ______7,237 See footnotes at end of document. Marrakech__"______3, 214 Energetyk...... 10, 876 Mauritanie ______10,392 FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14180 NOTICES Flag of Registry and Name of Ship F lag of Registry and Name of Sh ip Flag of registry and Name of Ship Gross a. Since last report: Gross Moroccan—Continued tonnage Gross tonnage Toubkal______8.748 tannage Free Navigator (Cypriot) ------7,165 British (1 ship)------9,622 Glee (Cypriot) ...... 7,237 * *Lambros M. Fatsis (trips to Inchstuart (British)------,— 7,043 Cuba as the La Hortensia— Southgate------9,662 Newmoat (British)— __— ------7,151 British) ...... — 9,486 Rama Lesmana (Singapore)------6,854 “ Paralos (trip to Cuba as the b. Previous reports: Tynlee (Panamanian)______7,036 Agios Therapon—Greek)______7,205 Number Verna Paulin (Finnish)------7,047 Redestos ______5.911 of ships b. Previous reports: S ophia------.------7,030 Flag of registry (total)------.------124 Broken up, sunk Flag of registry: or wrecked Panamanian (4 ships)------29, 738 . B ritish______44 B ritish------______17 * »Ampurla (trips to Cuba as the Cypriot ______;______3 C ypriot______21 Roula Maria—Greek)______10,608 D anish______—____ —— 1 Finnish ------______3 * *Avranchoise (trips to Cuba F in n ish ______4 French------______1 as the Avranches—French)____ 7,199 F rench______.______1 Greek______.<------______14 * »Renown Trader (trips to Cuba Ita lia n _;______... ______4 as the Suva Breeze—British)__ 4,996 German (West)______1 “ Robertina (trips to Cuba as G reek______.______30 Lebanese______33 the Anacreon—Greek)______6,935 Israeli ______1 M altese______2 Ita lia n ______13 Monaco .,______1 Maltese (2 ships)------12,624 Japanese ______— ___ —__ 1 M oroccan_____ ... ______1 Norwegian------______1 Soclyve (previous trips to Cuba— K uw aiti______1 B ritish )------7,291 Lebanese___ ,------—------9 Pakistan ______1 Tlmios Stavros (previous trips to Liberian ______—------1 Panamanian ------______4 Cuba—British and Greek)____ 5,333 Norwegian ______— - 5 South African______2 Som ali______1 Swedish------______1 Netherlands (2 ships)------1,615 Spanish ______— . 6 Yugoslav______6 M eike ______— 500 Swedish______1 Tempo ______— 1,115 Yugoslav______!______-__- — 1 Total ______— ------H2 Finnish (1 ship)___—------6,823 Sec. 3. The following number of vessels Sec. 4. The ships listed in sections 1 have been removed from tills list, since and 2 have made the following number Ragni Paulin______6,823 they have been broken up, sunk, or of trips to Cuba since January 1, 1963, Guinean (1 ship)------852 wrecked. based on information received through a. Since last report: August 25, 1969. •♦Drame Oumar (trip to Cuba as the Neve—French) _— — ____ 852 Number of trips Japanese (1 ship)---—------— 8,627 Flag of Registry 1969 Total 1964 1965 1966 1967 1968 Jam- Apr. May June July Aug. Chokyu Maru_.______8,627 Mar. Pakistani (1 ship)______8,708 British...... 133 180 126 101 78 62 12 6 1 7 — 706 Lebanese....------—------— 64 91 58 25 16 16 1 1 1 .. 273 ••Maulabaksh (trip to Cuba as Greek______99 23 27 29 7 212 Cypriot------1 17 27 42 68 18 8 11 6 6 4 208 the Phoenician Dawn and East Italian..------16 20 24 11 11 10 2 2 2 1 1 ...... 100 Breeze—B ritish )______8,708 Yugoslav__ -____ 12 11 15 10 14 9 1 1 1 1 ... 75 2 52 French. 9 9 10 10 4 43 Flnnish. 4 5 11 12 8 2 25 Sec. 2. In accordance with approved Spanish. 17 24 procedures, the vessels listed below which Moroccan. Ì 23 called at Cuba after January 1, 1963, Maltese...— .. 6 1 4 4 1 — 22 h 1 i ____ 20 have reacquired eligibility to carry U.S. Somali______2 2 3 6 Netherlands__ 6 Government-financed cargoes from the Swedish...... 3 United States by virtue of the persons Kuwaiti...... 2 Who control the vessels having given sat Israeli___ ...... 2 Japanese____ 1 isfactory certification and assurance: Danish____ 1 German (West). 1 (a) That such vessels will not, thence Haitian..—...... 1 forth, be employed in the Cuban trade so Monaco...___ long as it remains the policy of the U.S. 1,806 Subtotal....----- ¿------370 394 290 224 218 204 21 17 16 74 Government to discourage such trade; Polish...... -...... 18 16 12 10 11 7 and Grand total..—______388 410 302 234 229 211 40 21 17 16 4 M (b) That no other vessel under their control will thenceforth be employed in the Cuban trade, except as provided in N ote: Trip totals In section 4 exceed ship totals In secs. 1 and 2 because some of the ships made more than 1 trip paragraph (c) ; and to Cuba. Monthly totals subject to revision as additional data becomes available. (c) That vessels under their control •Added to Rept. No. 98, appearing in the F ederal R egister issue of August 2,1969. which are covered by contractual obliga • ‘Ships appearing on the list which have made no trips to Cuba under the present registry. tions, including charters, entered into Dated: August 29, 1969. prior to December 16, 1963, requiring By order of the Maritime Administrator. their employment in the Cuban trade J ohn M. O ’Connell, shall be withdrawn from such trade at Assistant Secretary. the earliest opportunity consistent with such contractual obligations. [F.R, Doc. 69-10737; Filed, Sept. 8,1969; 8:48 am.] FEDERAL REGISTER, VOL. 34, NO. 172—TUESDAY, SEPTEMBER 9, 1969 NOTICES 14181 Middletown Road, Pearl River, N.Y. Request for NAS-NRC report: Press Rela DEPARTMENT OF HEALTH, EDU 10965 (NDA 5-588). tions Office (CE—300). 8. Sulfathiazole with Tuamine Sulfate All other communications regarding this an CATION, AND WELFARE Suspension containing sulfathiazole 50 nouncement : Special Assistant for Drug mg. per milliliter and tuaminoheptane Efficacy Study Implementation (MD-16), Food and Drug Administration sulfate 10 mg. per milliliter; Eli Lilly and Bureau of Medicine. [DESI 4850] Co. (NDA 5-365). This notice is issued pursuant to the The Academy has indicated that al provisions of the Federal Food, Drug, CERTAIN SULFONAMIDE-DECON though the sympathomimetic agents in and Cosmetic Act (secs. 502, 505, 52 Stat. GESTANT NASAL PREPARATIONS these drugs may be effective topical 1050-53, as amended; 21 U.S.C. 352, 355) (SULFISOXAZOLE AND PHENYL vasoconstrictors when applied in the and under the authority delegated to the EPHRINE; SULFATHIAZOLE AND proper strength, the sulfonamide com Commissioner (21 CFR 2.120). ponents not only do not contribute to the EPHEDRINE; SULFATHIAZOLE AND effectiveness of the preparation but add Dated: August 29,1969. HYDROXYAMPHETAMINE; SULFA a potential risk of sensitization or pre Winton B. R ankin, THIAZOLE AND METHAMPHETA- cipitation of anergic reactions. Deputy Commissioner MINE; SULFATHIAZOLE AND The Food and Drug Administration of Food and Drugs. PHENYLEPHRINE; SULFATHIAZOLE, concludes that there is a lack of substan [P.R. Doc. 69-10687; Piled, Sept. 8, 1969; SULFADIAZINE AND dl-METHAM- tial evidence that such drugs will have the effects they purport or are repre 8:45 am.] PHETAMINE; SULFATHIAZOLE AND sented, expressly or by implication, to TUAMINOHEPTANE) have under the conditions of use pre [DESI 6535] Drugs for Human Use; Drug Efficacy scribed, recommended, or suggested in the labeling. Specifically, substantial URETHAN Study Implementation evidence Is lacking to show (1) that the The Pood and Drug Administration drugs are effective in the local treatment Drugs for Human Use; Drug Efficacy has evaluated reports received from the of intranasal bacterial infection and Study Implementation National Academy of Sciences—Na resultant postnasal drip and (2) that the The Food and Drug Administration tional Research Council, Drug Efficacy sulfonamide component makes any con has evaluated a report received from Study Group, on the following combina tribution to the claimed effect for decon the National Academy of Sciences— tion sulfonamide-decongestant drugs for gestion of nasal and pharyngeal National Research Council, Drug Effi nasal instillation: mucosa in the treatment of rhinitis and cacy Study Group, on the following 1. Gantrisin Nasal Solution contain sinusitis. drug: Accordingly, the Commissioner of ing sulfisoxazole diolamine 40 mg. per Urethan Tablets, 5 grains; marketed milliliter and phenylephrine hydrochlo Food and Drugs intends to initiate pro ceedings to withdraw approval of the by Eli Lilly and Co., Box 618, Indian ride 2.5 mg. per milliliter; Roche Lab apolis, Ind. 46206 (NDA 6-535) . oratories, Division of Hoffman-La new drug applications for these and Roche, Inc., 340 Kingsland Street, Nut- similar drugs. The drug is regarded as a new drug. ley, N.J. 07110 (NDA 8-603). Prior to initiating such action, how (21 U.S.C. 321 (p)) Supplemental new ever, the Commissioner invites the drug applications are required to revise 2. Gluco-Fedrin with Sulfathiazole holders of new drug applications for the labeling and to update previously ap containing sulfathiazole 50 mg. per mil these drugs and any interested person proved applications for this drug. A new liliter and ephedrine lactate 10 mg. per who may be adversely affected by their drug application is required from any jmilliliter; Parke, Davis and Co., Joseph removal from the market to submit any person marketing such drug without Campau Avenue at the River, Detroit, pertinent data bearing on the proposal approval. ' Mich. 48232 (NDA 5-329) . within 30 days after publication of this 3. Paredrine Sulfathiazole Suspension The Food and Drug Administration is notice in the F ederal R egister. The only prepared to approve new drug applica containing sulfathiazole 50 mg. per milli material which will be considered ac liter and hydroxyamphetamlne hydro tions and supplements to previously ap ceptable for review must be well-orga proved new drug applications under bromide 10 mg. per milliliter; Smith, nized and consist of adequate and well- Kline and French Laboratories, 1500 conditions described in this announce controlled studies bearing on both the ment. Spring Garden Street, Philadelphia, Pa. safety and efficacy of the products, and 19101 (NDA 4-850). not previously submitted. A. Effectiveness classification. The 4. Sulfedex Nasal Solution containing This announcement of the proposed Food and Drug Administration concludes sulfathiazole sodium 25 mg. per milliliter action and implementation of the NAS- that urethan is effective for chronic and methamphetamine hydrochloride NRC reports for these drugs is made to granulocytic leukemia, and that the drug 1.25 mg. per milliliter; Abbott Labora give notice to persons who might be ad is possibly effective as an adjunct in the tories, 14th and Sheridan Road, North versely affected by their removal from therapy of multiple myeloma. Chicago, HI. 60064 (NDA 5-178). the market. Promulgation of an order B. Form of drug. Urethan preparations 5- Tbizodrin Solution containing sulwithdrawing approval of the new drug are in enteric-coated tablet form suit fathiazole sodium 25 mg. per milliliter applications will cause any such drug able for oral administration and contain and methamphetamine hydrochloride on the market to be a new drug for which per dosage unit an amount appropriate ¿25 mg. per milliliter; Eli Lilly and Co., an approved new drug application is not for administration in the dosage range Post Office Box 618, Indianapolis, Ind. in effect and will make it subject to reg described in the labeling conditions in 46206 (NDA 5-179). ulatory action. this announcement. 6. Neo-Synephrine Sulfathiazolate A copy of the NAS-NRC report has C. Labeling conditions. 1. The label Nose Drops containing phenylephrine been furnished to each firm referred to bears the statement “Caution: Federal sulfathiazolate 6 mg. per milliliter; above, and any interested person may law prohibits dispensing without Wmthrop Laboratories, Division Sterling obtain a copy on request from the of prescription.” Drug Inc., 90 Park Avenue, New York, fice named below. 2. The drug is labeled to comply with N.Y. 10016 (NDA 5-225). ' Communications forwarded in re all the requirements of the Act and regu 7. Rhinazine containing sulfathiazole sponse to this announcement should be lations and those parts of its labeling sodium 1 mg. per milliliter, sodium sul identified with the reference number indicated below are substantially as fadiazine 10 mg. per milliliter and dl- DESI 4850, and be directed to the atten follows: (Optional additional informa tion of the following appropriate office tion, applicable to the drug, may be ttiethamphetamine hydrochloride 1 mg. and addressed to the Food and Drug Ad Per milliliter; Lederle Laboratories, Di proposed under other appropriate para ministration, 200 C Street SW., Wash graph headings and should follow the vision American Cyanamid Co., West ington, D.C.20204: information set forth below.) FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14182 NOTICES D escription b. Adequate data to assure the biologic sonable time as specified in a written communication from the Food and Drug (Descriptive information to be included, by availability of the drug in the formula the manufacturer or distributor should be tion which is marketed. If such data Administration. confined to an appropriate description of the are already included in the application, d. The application has not been ruled physical and chemical properties of the drug specific reference thereto may be made. incomplete or unapprovable. and the formulation.) c. Updating information as needed to G. Exemption from periodic report ing. The periodic reporting requirements Actions make the application current in regard to items 6 (components), 7 (composi of §§ 130.35(e) and 130.13(b)(4) are It has been known for many years that tion), and 8 (methods, facilities, and waived in regard to applications ap urethan and other carbamic esters suppress proved for this drug solely for the in plant growth. Mitosis is blocked, and the reg controls) of the new drug application ular formulation of monstrous nuclei re form FD-356H to the extent described in dication for which the drug is regarded sults. These observations led to the trial the proposal for abbreviated new drug as effective as described herein. of urethan in malignant growths and thus applications, § 130.4(f), published in the H. Unapproved use or form of drug. to the discovery that it induced remissions F ederal R egister February 27, 1969. 1. If the article is labeled or advertised in patients having leukemia. Although the (One supplement may contain all the in for use in any condition other than those exact mode of action is unknown, urethan formation described in this paragraph.) provided for in this announcement, it in some way interferes with cell division. 2. Such, supplements should be sub may be regarded as an unapproved new I ndication mitted within the following time periods drug subject to regulatory proceedings Chronic granulocytic leukemia. Because after the date of publication of this no until such recommended use is approved other agents superior to urethan are avail tice in the F ederal R egister : in a new drug application, or is other able, it is not a drug of choice. a. 60 days for revised labeling. The wise in accord with this, announcement. 2. If the article is proposed for market W arning supplement should be submitted under the provisions of § 130.9 (d) and (e) of ing in another form or for a use other Usage in pregnancy. Urethan may cause the new drug regulations (21 CFR 130.9) than the use provided for in this an fetal death and/or congenital anomalies. nouncement, appropriate additional in Use in women who are pregnant requires that which permit certain changes to be put the expected benefits outweigh the risks. into effect at the earliest possible time. formation as described in § 130.4 or Continuance of therapy when the white b. 180 days for biologic availability § 130.9 of the regulations (21 CFR 130.4, count reaches 20,000 in an attempt to further data. 130.9) may be required including results reduce the white count or size of spleen may c. 60 days for updating information. of animal and clinical tests intended to cause fatal agranulocytosis. 3. Marketing of the drug may continue show whether the drug is safe and P recautions until the supplemental applications sub effective. mitted in accord with the preceding Representatives of the Administration Rapidly increasing anemia or leukopenia are willing to meet with any interested necessitates discontinuance of the drug. paragraphs 1 and 2 are acted upon, pro vided that within 60 days after the date person who desires to have a conference Adverse R eactions of this publication, the labeling of the concerning proposed changes in the la Hematologic: Leukopenia, thrombocyto preparation shipped within the jurisdic beling set forth in this notice. A request penia, and bone marrow depression. tion of the Act is in accord with the for such meeting should be made to the Gastrointestinal: Nausea, vomiting, ano labeling conditions described in this an Office of Marketed Drugs (MD-300), at rexia, diarrhea, and hepatic necrosis. nouncement. (It may continue to include the address given below, within 30 days Renal: Nephritis. after the publication of this notice in CNS: Drowsiness, nausea, vomiting. the indication referenced in paragraph D for the period stated therein.) the F ederal R egister. D osage and Administration A copy of the NAS-NRC report has F. New applications. 1. Any other per been furnished to the firm referred to The oral dose usually recommended in the son who distributes or intends to dis above. Any other interested person may treatment of chronic granulocytic leukemia tribute such drug which is intended for obtain a copy by request to the appropri is 1 gram three times daily, although smaller the conditions of use for which it has doses may produce the desired therapeu been shown to be effective, as described ate office named below. tic effect. Dosage is determined by the tol under A, should submit an abbreviated Communications forwarded in re erance of the patient and by the rate in fall new drug application meeting the condi sponse to this announcement should be of the white blood cell count. Optimum identified with the reference number, dosage may range from 1 to 6 grams daily. tions specified in the proposed regulation, DESI 6535, and be directed to the atten The drug should be discontinued when the § 130.4(f) (1), (2), and (3), published in tion of the following appropriate office white count is reduced to 20,000 per cubic the F ederal R egister of February 27, and addressed to the Food and Drug millimeter but may be resumed when in 1969. Such applications should include Administration, 200 C Street, SW., dicated by the clinical condition of the pa proposed labeling which is in accord with tient and the white blood cell count. the labeling conditions described herein Washington, D.C. 20204: and adequate data to assure the biologic Request for NAS-NRO report: Press R ef D. Claims permitted during extended lations Office (CE-300). period for obtaining substantial evidence. availability of the drug in the formula Supplements (identify with new drug appli The claim for which the drug is described tion which is marketed or proposed for cation number): Office of Marketed Drugs in paragraph A as possibly effective (not marketing. - (MD-300), Bureau of Medicine. included in the labeling conditions in 2. Distribution of any such prepara Original abbreviated new drug applications: paragraph C) may continue to be used tion currently on the market without an Office of Marketed Drugs (MD-300), Bu approved new drug application may be reau of Medicine. for 6 months following the date of this All other communications regarding this an publication to allow additional time continued provided that: nouncement: Special Assistant for Drug within which holders of previously ap a. Within 60 days from the date of Efficacy Study Implementation (MD-16), proved applications or persons market publication of this announcement in the Bureau of Medicine. ing the drug without approval may ob F ederal R egister, the labeling of such tain and submit to the Food and Drug preparation shipped within the jurisdic This notice is issued pursuant to the Administration data to provide substan tion of the Act is in accord with the provisions of the Federal Food, Drug, tial evidence of effectiveness. labeling conditions described herein. (It and Cosmetic Act (secs. 502, 505, 52 Stat. E. Previously approved applications. 1. may continue to include the indications 1050-53, as amended: 21 U.S.C. 352, 355) Each holder of a “deemed approved” new referenced in paragraph D for the period and under the authority delegated to drug application (i.e., an application stated therein.) the Commissioner of Food and Drugs which became effective on the basis of b. The manufacturer, packer, or dis (21 CFR 2.120). safety prior to Oct. 10, 1962) for such tributor of such drug submits, within 180 Dated: August 29, 1969. drug is requested to bring the applica days from the date of this publication, W inton B. R ankin, tion up to date by submitting supple a new drug application to the Food and Deputy Commissioner ments containing: Drug Administration. of Food and Drugs. a. Revised labeling, as needed to con c. The applicant submits additional form to the labeling conditions described information that may be required for the [P.R. Doc. 69-10688; Filed, Sept. 8, 196®> herein for the drug. approval of the application within a rea 8:45 a.m.] FEDERAL REGISTER. VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 NOTICES 14183 AMOAL CO. Notice of Filing of Petition for Food DEPARTMENT OF TRANSPORTATION Additive Spectinomycin Hazardous Materials Regulations Board Pursuant to the provisions of the Fed eral Food, Drug, and Cosmetic Act (sec. ISSUANCE OF SPECIAL PERMITS 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 September 4, 1969. (b)(5)), notice is given that a petition Pursuant to Docket No. HM-1, rule-making procedures of the Hazardous Mate (38-661V) has been filed by Amdal Co., rials Regulations Board, issued May 22, 1968 (33 F.R. 8277) 49 CFR 170, following Agricultural Div., Abbott Laboratories, is a list of new DOT Special Permits upon which Board action was completed during North Chicago, 111. 60064, proposing August 1969: that § 121.329 Spectinomycin (21 CFR 121.329) be amended to provide for the Special Issued to—Subject Mode or modes of transportation safe use of spectinomycin in drinking permit No. water of chickens to increase weight gain and feed efficiency. AA209...... ASM Enterprises, Inc., for the use of a vehicle having twin U-69 Highway. type cargo tanks, in liquefied petroleum gas service. Dated; August29,1969. 5978...... - Shippers upon specific registration with this Board, for the ship- Highway and rail. ment of nitrogen trioxide in DOT-106A800X tanks. J. K. Kirk, 6008...... Shippers upon specific registration with this Board, for the ship- Water, passenger-carrying and ment of large quantities of radioactive materials in an interim cargo only aircraft, highway, Associate Commissioner DOT Specification 20WC protective jacket with steel covering, and rail. for Compliance. having an inside DOT-55 or equivalent containment vessel. 6044______. Space Data Corp., for the shipment of nitric oxide in specially Highway and rail. [F.R. Doc. 69-10689; Filed, Sept. 8, 1969; designed, small, eqifipment-tvpe pressure vessels. 8:45 a.m.] 6046______. Lep Transport, Inc., for one shipment of large quantities of ura- Cargo-only aircraft and highway; mum-plutonium oxide scrap in United Kingdom approved pack- agings Designs 0013M and 0493B. 6047...... Lincoln Welding Supply Co., for the shipment of oxygen, nitrogen, Highway and rail. 3,5-DICHLORO-N-d ,1 -DIMETHYL-2- argon, hydrogen, helium, neon, krypton, xenon, Compressed PROPYNYUBENZAMIDE air, or mixtures thereof in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest period. 6048______. FMC Corp., for the shipment of napalm in the BLU-74/B fire Highway. Notice of Establishment of Temporary bomb, overpacked in a Federal Specification PPP-B-601 Over Tolerance for Pesticide Chemical seas Style A box. 6049______. Shippers upon specific registration with this Board, for the ship- Water, highway, and rail; ment of fissile radioactive materials in the S5W Core R3 Assem Notice is given that at the request of bly shipping containers, Models 426A and 426B. the Rohm & Haas Co., Independence 6050...... Shippers upon specific registration with this Board, for the ship- Highway and rail. Mall West, Philadelphia, Pa. 19105, ment of Type B quantities of nonfissile radioactive materials in special form, in the AECL Junior J-rod Shipping Container temporary tolerances are established for Model No. F-144. residues of the herbicide 3,5-dlchloro- 6051...... Shippers upon specific registration with this Board, for the ship- Highway. ment of fissile radioactive materials in the Atomics International N - (l,l-dimethyl-2-propynyl)benzamide Model No. AX-20037 shipping container. and its metabolites calculated as 3,5- 6053...... National Welding Products, Inc., for the shipment of oxygen or Highway and rail. dichloro-lV-(1,1-dimethyl - 2 - propynpl) nitrogen in DOT-3A and 3AA cylinders having a 10-year hydro benzamide in or on alfalfa, clover, static retest period. 6054...... Koeller Air Products, Inc., for the shipment of oxygen, nitrogen, Do. lespedeza, trefoil, and vetch at 3 parts argon, hydrogen, helium, compressed air, or mixtures thereof in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest per million; in or on lettuce at 1 part per period. million; in kidney and liver at 0.2 part 6055...... Roberts Oxygen Co., Inc., for the shipment of oxygen, nitrogen, Do. per million (negligible residue); and in argon, hydrogen, helium, compressed air, or mixtures thereof in milk at 0.01 part per million (negligible DOT-3A and 3AA cylinders having a 10-year hydrostatic retest residue). period. 6056...... Magnolia Cylinder Co., for- the shipment of oxygen, nitrogen, Do. The Commissioner of Food and Drugs argon, hydrogen, helium, compressed air, or mixtures thereof in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest has determined that these temporary period. tolerances will protect the public 6057...... Rochester Welding Supply Corp., for the shipment of oxygen in Do. health. DOT-3A and 3AA cylinders having a 10-year hydrostatic retest A condition under which these tem period. 6058______Shippers upon specific registration with this Board, for the ship Highway. porary tolerances are established is that ment of fissile and large quantities of radioactive material in the the herbicide will be used in accordance Nuclear Engineering Company Model No. B3-1 shipping with the temporary permit issued by the container. 6059______Blu-Blaze Gas Corp., for the shipment of oxygen, nitrojgen, argon, Highway and rail. U.S. Department of Agriculture. Distri helium, hydrogen, compressed air, or mixtures thereof in bution will be under the Rohm & Haas DOT-3A and 3AA cylinders having a 10-year hydrostatic retest Co. name. period. 6060______Dow Badische Co., for the shipment of propylene in DOT- RaiL These temporary tolerances expire 112A340W tank car tanks having safety relief valves set at 280.5 August 29,1970. p.s.i.g. This action is taken pursuant to the 6061...... Kentucky Air Products, Inc., for the shipment of oxygen, nitrogen, Highway and rail. argon, compressed air, or mixtures thereof in DOT-3A and Provisions of the Federal Food, Drug, 3AA cylinders having a 10-year hydrostatic retest period. and Cosmetic Act (section 408(j), 68 6062______Air Products and Chemicals, Inc., for the shipment of liquefied Highway. Stat. 516; 21 U.S.C. 346a(j)) and under carbon monoxide in a specially designed and insulated cargo authority delegated to the Commissioner tank. 6066...... Transit-Tank international, Inc., for the shipment of acetone, Water and highway. <21 CFR 2.120). butyl acetate, alcohol, n.o.s., methyl ethyl ketone, methyl isobutyl ketone, and Union Carbide Co.'s Solvent 10, in spe Dated: August 29,1969. cially designed tank-type portable containers. J. K. Kirk, Associate Commissioner William C. J ennings, for Compliance. ChdXTVld Tt [F.R. Doc. 69-10690; Filed, Sept. 8, 1969; Hazardous Materials Regulations Board. 8:46 a.m.} [FR. Doc. 69-10709; Filed, Sept. 8,1969; 8:47 a.m.} FEDERAL REGISTER, VOL. 34, NO. 172—TUESDAY, SEPTEMBER 9, 1969 14184 NOTICES service the position of Special Assistant (Habersham) requesting the addition SMALL BUSINESS to the Assistant Secretary for Labor- of section 307(b) suburban community Management Relations. and Suburban programing issues against R-J,2 ADMINISTRATION United States Civil Serv Suburban community issue. 2. In sup ice Commission, port of their request for a suburban com NORTH AMERICAN CORP. [seal] J ames C. Spry, munity issue, petitioners first note that Executive Assistant to Rr-J proposes a nondirectionalized opera Approval of Application for Transfer the Commissioners. of Control ,of Licensed Small Busi tion on a Class II channel with an effec [F.R. Doc. 69-10717; Filed, Sept. 8, 1969; tive radiated power of 5 kilowatts (500 ness Investment Company 8:48 a.m.] w.—CH); that R-J’s proposed 5 mv/m On January 7, 1969, a notice of contour, as depicted in the engineering application for transfer of control was portion of the application, encompasses published in the F ederal R egister (34 OFFICE OF ECONOMIC the entire city limits of Cornelia, Ga.; F.R. 229) stating that an application OPPORTUNITY and that, as indicated by the 1960 U S. had been filed with the Small Business Census reports, the applicant’s specified Administration (SBA) pursuant to Notice of Grant of Authority To Make community of Clarkesville has a popula § 107.701 of the regulations governing Noncareer Executive Assignment tion of 1,352 persons while Cornelia, some small business investment companies (13 Under authority of § 9.20 of Civil Serv 8 miles distant, has a population of 2,936 CFR Part 107; 33 F.R. 326) for trans ice Rule IX (5 CFR 9.20), the Civil Serv persons. Petitioners argue that Commis fer of control of North American Corp., ice Commission authorizes the Office of sion precedent3 warrants the addition of 51 East 42dStreet, New York, N.Y. 10017, Economic Opportunity to fill by non a suburban community issue, contending License No. 02/02-0019, a Federal career executive assignment in the ex that the power of 5 kilowatts requested Licensee under the Small Business In cepted service the position of Special by R-J is 20 times greater than that re vestment Act of 1958, as amended. Assistant to the Director. quired to cover Clarkesville and its im Interested persons were given until mediate environs and that, in light of January 17, 1969, to send their written United States Civil Serv Clarkesville’s modest size “a serious ques comments to SBA. No comments were ice Commission, tion [is raised] as to whether there will received. [seal] J ames C. Sprv, be sufficient advertising revenues in that Executive Assistant to community without reliance on the revr Having considered the application and the Commissioners. all other pertinent information and enues of the larger communities to sup facts with regard thereto, SBA hereby [F.R. Doc, ¿9-10718; Filed, Sept. 8, 1969; port Rr-J’s proposed station.” * approves the application for transfer of 8:48 a.m.] 3. Both the Broadcast Bureau and control of North American Corp. R -J oppose the request for a suburban community issue. Each argues that peti Dated: August 29, 1969. tioners have failed to make an adequate A. H. Singer, FEDERAL COMMUNICATIONS threshold showing which would warrant Associate Administrator for investment. COMMISSION »Habersham, the licensee of broadcast [F.R. Doc. 69-10699; Filed, Sept. 8» 1969; [Dockets Nos. 18526, 18527*, FCC 69R-36 Stations WCON-AM and WCON-FM, at 8:46 a.m.] Cornelia, Ga., was made a party to the pro CLICK BROADCASTING CO. AND ceeding by the Commission in its designation >rder. • • R-J CO. 2 The following related pleadings are also Memorandum Opinion and Order >efore the Review Board: (a) opposition to CIVIL SERVICE COMMISSION >etition to enlarge issues, filed May 29, 1969, Enlarging Issues >y R-J; (b) Broadcast Bureaute comments, DEPARTMENT OF DEFENSE In re applications of Robert E. Thomas lied May 29, 1969; and (c) reply, filed rune 18, 1969, by the petitioners. Notice of Grant of Authority To Make and Ferris A. Maloof, doing business as 3 The Commission’s Policy Statement on Noncareer Executive Assignment Click Broadcasting Co., Blue Ridge, Ga., Section 307(b) Considerations for Standard Docket No, 18526, File No. BP-17409; Broadcast Facilities Involving Suburban Under authority of § 9.20 of Civil Serv Robert P. Joseph and Jacqueline A. Communities, 2 FCC 2d 190, 6 RR 2d 1901 ice Rule IX (5 CFR 9.20), the Civil Serv Joseph, doing business as R--J Co., [1965), reconsideration denied 2 FCC ¿a ice Commission authorizes the Depart Clarkesville, Ga., Docket No. 18527, File 366, 6 RR 2d 1908 (1966), provides that when ment of Defense to fill by noncareer No. BP-17691; for construction permits. \ standard broadcast applicant's proposed executive assignment in the excepted T. This proceeding involves the ap j mv/m contour would penetrate the geo service the position of. Director for ROTC plications of Robert E. Thomas and graphical boundaries of a community with Programs; Office of the Assistant Secre i population of 50,000 persons and having Ferris A. Maloof, doing business as Click at least twice the population of the *ppr tary of Defense (Manpower and Reserve Broadcasting Co. (Click) and Robert P. oant’s specified community, a rebuttable Affairs). . Joseph and Jacqueline A. Joseph, doing presumption arises that the applicant realis United S tates Civil Serv business as R -J Co. (R -J), seeking au tically proposes to serve that larger com ice Commission, thority to construct new Class II stand munity. Where the communities in question [seal] J ames S pry, do not satisfy the criteria enunciated by the C. ard broadcast stations to operate on the Commission, an issue may still be specified Executive Assistant to frequency 1500 kHz, daytime only, in provided an adequate threshold showing is the Commissioners. Blue Ridge and Clarkesville, Ga., re made that the proposal would realistically [F.R. Doc. 69-10716; Filed, Sept. 8, 1969; spectively. By memorandum opinion and serve primarily a community other than the 8:48 a.m.} order, 17 FCC 2d 375, 16 RR 2d 1, re one specified. See e.g., Outer Banks Radio Co., leased April 28, 1969, these mutually 15 FCC 2d 994, 15 RR 2d 471 (1969) ; Babcoixi, exclusive applications were designated Inc., 12 FCC 2d 306, 12 RR 2d 998 (1968) ! and DEPARTMENT OF LABOR for hearing under issues including, intèr V.W.B.,'Incorporated, 8 FCC 2d 744, 10 RR 2d 563, reconsideration denied 10 FCC 2d 53 . alia, section 307(b) issue. A Suburban 11 RR 2d 653 (1967), upon which petitioners Notice of Grant of Authority To Make issue was subsequently specified in re Noncareer Executive Assignment gard to the Click proposal by the Re »Petitioners also note the fact that R-J® Under authority of § 9;20 of Civil Serv view Board. See FCC 69R-322, 16 RR 2d proposal will provide a 2 mv/m service to ice Rule IX (5 CFR 9.20), the Civil 929, released July 30, 1969. Presently Toccoa, Ga., a community of 7,303 persons, service Commission authorizes the De before the Board is a petition to en and that Exhibit IV or R -J’s application indi partment of Labor to fill by nonCareèr large issues, filed May 16, 1969, by Click cates that applicant’s intention to serve botn executive assignment in the excepted and Habersham Broadcasting Co., Inc. Cornelia and Toccoa. FEDERAL REGISTER. VOL 34, NO.- 172—-TUESDAX, SEPTEMBER 9, 1969 NOTICES 14185 addition of the requested issue, and both plantsite acquisitions and to construct printed.9 Petitioners also furnish a letter attempt to distinguish the precedent and lease plant buildings; that under from Mr. Frank Hemphill, the treasurer cited by petitioners in support of the option to the municipality is a 67-acre of the Clarkesville Chamber of Com requested enlargement. The Bureau tract, located within the city limits, merce, who fosters a county-wide or points out that the petitioners have not which is being developed for industrial ganization and offers the opinion that alleged the existence of a city-suburb sites; and that, as of March 1965, there the Cornelia organization, “the only real relationship between Cornelia and were five diversified industrial establish active Chamber in the County”, should Clarkesville or that Clarkesville is de ments (each employing at least 25 per lead such a movement. pendent, economically or otherwise, on sons) which provide occupations for 1,448 6. While the presumption advanced by Cornelia. In addition, the Bureau notes persons.8 In addition, R-J claims that the Commission in its Suburban Com the further facts that Clarkesville is the there are seven smaller industrial enter munity Policy Statement, supra, is not second largest city in Habersham County prises located within the community and raised here because of the population of and that the population ratio between that total manufacturing employment in Cornelia (2,936), the Commission, in the the two cities—Cornelia is only twice as the Clarkesville area in 1964 amounted to Statement, indicated that a request to large as Clarkesville—is not as great as 1,735 persons which was approximately enlarge issues will receive favorable con those that existed in other cases where one-half the county’s total and which sideration if the petitioner makes a an issue was specified. It is the Bureau’s represented nearly a 20 percent increase threshold showing that a proposal will ultimate position that the mere recitation over similar employment in 1962. R-J realistically serve primarily a com m u n ity of population statistics, except in the also argues that its programing pro other than the specified community. Al rarest of circumstances, cannot raise a posal is tailored to meet the needs and though the Commission specified a sub presumption that revenues do not exist interests of its specified station location urban community issue in V.W.B., Incor in a community to support a broadcast which has identifiable program needs porated, supra, it noted its reluctance to facility and that, even though R -J has as evidenced both by Habersham’s rep designate such an issue on a mere show requested more power than seems to be resentation that its station (WCON) ing that an applicant will place a strong absolutely necessary, the Commission has presents programs of special interest to signal over a somewhat larger commu not added a suburban community issue Clarkesville residents from which com nity. The Commission reasoned that to solely on the basis of an applicant’s re munity it derives nearly 25 percent of its do so would disrupt its processes and quest for excessive power. advertising revenues and by the appli would enable existing stations to delay 4. R-J, also arguing that the prececant’s survey efforts whiéh were concen the establishment of a competitive serv dent relied on by the petitioners is factu trated on ascertaining the community ice. With reference to the instant pro ally distinguishable, contends that the needs of Clarkesville.7 Finally, R -J alleges ceeding, the Review Board is of the instant situation involves not a small that the power it proposes is not excessive opinion that the threshold showing prof town and a large central community, since a relativey wide service area is nec fered by the petitioners is insufficient to but rather a small town located near essary in light of the sparsely populated raise a substantial question as to whether a somewhat larger, small town.® In light nature of the northeast Georgia area.8 R-J is realistically proposing to serve of the information submitted in connec 5. In reply, petitioners allege that theCornelia or some community other than tion with Habersham’s petition to deny data supplied by R-J with its opposition Clarkesville. Insofar as the relationship its application, as well as the more cur pleading, when considered as a whole, between these communities is relevant to rent data proffered with its pleading, establish that the business economy of our conclusion, we note that petitioners R-J contends that Clarkesville, the sec Clarkesville is dependent upon, and in have not alleged that Clarkesville is a ond largest community in, and the seat tegrated into, the economy of Cornelia, suburb of Cornelia, an allegation which of, Habersham County (population 18,116 the “hub” of Habersham County. In sujK would be most difficult to sustain in view persons), is a separate, viable community port of this assertion, petitioners submit of the relative sizes of the communities with a political, civic, and economic life a verified letter from Mr. Tom Arrandale, and the geographical separation between of its own and is neither dominated by president of the Clarkesville bank, who them. While we recognize that the ab , nor dependent upon Cornelia, the coun reiterates the allegation. Arrandale also sence of a city-suburb relationship is not ty’s largest community, or some un notes that Clarkesville receives electrical necessarily fatal to petitioners’ request named community. More specifically, power and natural gas from public utili (see Outer Banks Radio Co., supra), the R-J asserts that its specified community, ties located in Cornelia; that the same absence of such a relationship assumes which underwent a 22 percent increase telephone exchange is utilized by these added significance in light of R-J’s ex in population from 1950 to 1960, has its two communities; that recreational tensive showing which tends to establish own municipal structure (mayor, police, amusement facilities are more centered Clarkesville’s separate and distinct exist and fire departments, water and sewage around Cornelia; and that numerous ence and which is more than sufficient to systems) , religious groupings (five de Clarkesville residents are employed in overcome petitioner’s inadequately sup nominations hold services in the com Cornelia. According to Arrandale, all air, ported claim of dependence. As noted by munity) , retail establishments, including trucking, and railroad transportation fa R-J, there is apparently no dearth of in furniture, department, drug, grocery, cilities are located in Cornelia wherein dustrial development in Clarkesville— and hardware stores, bank and lending the local Clarkesville newspaper is over 1,400 persons are employed in vari agency, and weekly newspaper. The ous pursuits in major industrial estab health and educational needs of the com •In comparison, R-J avers, Cornelia had lishments. The community is the second munity, according to R-J, are met by eight such establishments wherein 1,543 per county organizations which maintain a sons were employed. The average number of largest in Habersham County and the health center and three elementary persons employed in these Clarkesville con cerns exceeds by nearly 100 persons, the aver 8 Petitioners identify Clarkesville’s local schools and one high school in Clarkes age of similar Cornelia industrial ville, which is also the location of the establishments. newspaper as the Tri-County Advertiser. North Georgia Area Technical-Voca However, we note that Habersham, in its peti 7 All of the 10 individuals, specifically tion to deny the R-J application, represented tional School. R -J notes further that the identified in the R—J application as having in 1967 that this newspaper was published in MarkesviUe Area Development Corp. Has beeh contacted with respect to the appli Clarkesville. Similarly, the statistical material een established both to aid industry in cant’s proposed programing, are residents submitted with R—J’s opposition pleading— of Clarkesville. See note 12, infra. “Economic Data on Clarkesville (Habersham 5 R-J points out that in the V.W.B., Bab- 8 Both R-J and the Bureau reject the rele County), Ga.”, prepared in Mar. 1965, by the com and Outer Banks cases, cited in note 3, vance of R -J’s proposed 2 my/m service to Industrial Development Division of the Geor upra, the population of the larger commu- the city of Joccoa, Ga., to the consideration gia Institute of Technology—reveals that no of a request for a suburban community issue. commercial airfield is located in Cornelia and anl ranged fr°m 13,000 to 40,500 persons R-J also notes that a 2 mv/m signal would thf approximately 10 to 25 times greater that that community is the situs of only one be provided to only about half of Toccoa and, of the five truck terminals serving Habersham n ^ a t of the specified station location. then, only during noncritical hours. County. No. 172— 4 FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER », 196» 14186 NOTICES county seat, and ft has experienced over tioner’s showing is grounded primarily ly 90 persons. Eight individuals are spe a 20 percent increase In population be on the fact th at the R -J proposal will cifically identified and their conversa tween 1950 and 1960. Despite some shar place a strong signal over a somewhat tions with the affiants are described in ing of public utility services by the two larger community. When we consider the affidavit.18 As a final indication of its communities, Clarkesville has its own such additional factors as the insignifi efforts to stay continually attuned to the municipal structure, religious groups, re cant disparity in population between the needs and interests of Clarkesville,-R -J tail establishments, bank, school facil communities,11 the absence of a demon notes its subscription to the local weekly ities, health center and weekly news strated dependence by Clarkesville upon newspaper which, it claims, is thoroughly paper, Such indicia, in addition to the Cornelia and the applicant’s asserted in read by its principals. relatively minor disparity in population tent to serve primarily the smaller com 10. Petitioners, in reply, contend that between the communities, scarcely estab munity as evidenced by its program R -J’s interviews with the eight persons lish a significant dependence of Clarkes- survey efforts, we are unable to conclude identified in the affidavit are meaning ville upon the somewhat larger commu that a substantial question exists as to less since community needs were either nity of Cornelia. whether R -J will realistically serve not dealt with or received only general 7. While R -J does propose a powerCornelia or some community other than mention; that R-J has not sought to of 5 kilowatts and admittedly seeks to its specified community, and since the amend its application to reflect the attract advertising support from its considerations noted above are sufficient showing contained in the affidavit; and entire service area including Cornelia, to distinguish this proceeding from past that the only survey material which It does not necessarily follow that the precedent, the requested issue will not the Review Board should consider is needs and interests of the specified sta be added here. that set forth in the R -J application. tion location will be disregarded or sub Suburban issue. 8. In support of their With respect to the latter material, ordinated to those of Cornelia or some request for a Suburban programing issue, petitioners allege that some of the 10 other community.10 See K & M Broad petitioners allege that the showing persons initially interviewed by R-J casters, Inc., 18 FCC 2d 514, 16 RR 2d which R-J submitted in March of 1967, either no longer reside in Clarkesville 824 (1969). We note, in this regard, that in response to Part I of section IV-A of or no longer occupy the position they the protesting station, itself, is a 1-kilo its application, has not been updated; held at the time of the interview. watt operation which is licensed to a that only 10 individuals were reported as Specifically, petitioners maintain that community of only 2,936 persons. R -J’s having been contacted by the applicant’s changes have occurred both in the offices contention that it intends to serve pri principals; that the persons contacted of Clarkesville’s mayor and fire chief marily its specified community is sup were all residents of Clarkesville in spite and in the position of superintendent of ported by its Initial program survey of the fact that the applicant proposes to the county schools; and that the former efforts which were directed to the ascer serve some 27 communities; and that the mayor and school superintendent, in tainment of the needs and interests of persons contacted have not been shown addition to a Clarkesville minister inter Clarkesville; that such needs and inter to be community leaders or to constitute viewed by R-J, no longer are residents ests do, in fact, exist is supported by the a representative cross section of the gen of Clarkesville. fact that the Cornelia station currently eral population. Petitioners further con 11. It is clear that Rr-J, in attenpting programs for the Clarkesville commu tend that R-J’s proposed programing to ascertain the needs and interests of bears little resemblance to the specific the area proposed to be served by the nity and derives significant revenues from Clarkesville station, largely restricted its the community as a result. See note 6 of needs suggested by the persons inter the designation order. Another im viewed with the possible exception of efforts to Clarkesville residents.14 Al portant factor in our consideration of religious programing. Viewing the appli though its principals do not reride within the instant request Is, as the Bureau cant’s survey efforts as inadequate and the proposed service area, R -J submits correctly notes, the absence of any restrictive, the Broadcast Bureau recom in its application that the 10 Clarkesville allegation (or supporting engineering mends that the requested Suburban issue residents initially surveyed “are repre be added to this proceeding. sentative of the attitudes and opinions showing) by the petitioners that R -J is of the residents of the area’’. This opin incapable of filing an application for 9. In opposition, R -J contends that itsion, proffered by an applicant whose Cornelia although it Is clear, as the Bu initial survey efforts produced both principals’ familiarity with the area has reau suggests, that the applicant would meaningful demographic information not been demonstrated, cannot be ac not be in the advantageous position of about the community and specific com munity and area needs; that certain of corded substantial weight. Notwith a first local outlet if it had originally standing the sparsely populated nature filed for Cornelia. In effect then, peti the persons interviewed, albeit Clarkes ville residents, held positions of area of the area to be served, we cannot « Petitioners’ allegation that coverage of wide responsibility and were able to assume that an identity of interests Clarkesville and Its environs can adequately advise the applicant of the needs and exists throughout R -J’s proposed service be provided with an effective radiated power interests of the surrounding communi of 250 watts is not supported bÿ an engineer ties and area; “ and that the quality of ing showing. Compare Radio Collinsville, In the interviews conducted by the appli «Five of these persons are apparently resi corporated, 14 FCC 2d 1058, 1059, 14 RR dents of Clarkesville. Of the remaining in cant is more significant than their quan terviewees, an insurance salesman and the 2d 559, 561 (1968). Even if such was demon tity. Attached to R-J’s pleading is an strated, it would not necessarily mean that Habersham County tax collector dwell within the power proposed by R-J is excessive espe affidavit of its principals wherein they the applicant’s service area. Another, a form cially in light of the sparsely populated na aver that subsequent to the filing of er State representative, no longer resided their application, they periodically within the service area when contacted. ture of the area to be served. While R -J’s «No person was contacted in connection normally protected contour penetrates seven visited Clarkesville and had informal other counties, in addition to Habersham with the community needs and interests County which, in 1961, had 76 percent of its conversations therein with approximate- extant in those counties surrounding acreage in commercial forest land, the Com Habersham County which R -J’s proposal mission regarded the service area as “very u The Board notes in passing that Clarkes- will serve; See Southern Minnesota Supply sparsely populated” (see note 7 of the des ville’s rate of population growth for the Company (KTSM), FCC 69R-326, 16 RR 2d ignation order) and even recognized the 1950-60 decennial period, as disclosed hy the 950 (1969). Although R-J listed 27 com need for the proposed station to seek reve I960 U.S. Census of population, exceeded munities, including Clarkesville, as the nues from the Clarkesville-Cornelia area as that of Cornelia. major communities which it will principally does the existing Cornelia station. As the Bu «Specifically, R-J relies on contacts with undertake to serve, only three present ana the superintendent of the Habersham Coun former residents of the service area outside reau and R-J properly note, the fact that of Clarkesville were contacted. There is no r —J’s proposal will render a 2 mv/m signal ty schools and two officials with the Georgia to Toccoa is Irrelevant to our consideration Fire Marshal’s Office and the Department indication that these Individuals are com of thé request for a suburban community of Forestry, respectively. In addition to these munity leaders who speak for inform ed individuals, the mayor, fire chief, a minister, group opinion in their respective com m uni issue, since any suggestion that R-J would ties. See Broadcasting Service of Carolina- realistically serve that community is al a businessman, a merchant and her husband, most totally lacking, in supporting factual and a city employe of Clarksville, were Inc., 16 FCC 2d 591 (1969) ; Sundial Broad allegations. ' contacted by R-J. casting Co., Inc., 15 FCC 2d 58 (1968). FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 NOTICES 14187 area insofar as community needs and trades and skills and yet no f aculty mem a subsidiary insured institution of Fi interests are concerned. See Click Broad bers or student organization of this local nancial Corporation of Santa Barbara. casting Company, FCC 69R-322, 16 RR institution was apparently contacted by Comments on the proposed acquisition 2d 929 (-1969); Christian Broadcasting the applicant. In view of the foregoing should be submitted to the Director, Of Association, Inc., 18 FCC 2d, 15,16 RR 2d deficiencies in the applicant’s program fice of Examinations and Supervision, 401 (1969); Cf. Radio.Antilles, Inc., FCC showing, the Review Board cannot con 69-619, 16 RR 2d 548; WLVA, Incorpo Federal Home Loan Bank Board, Wash clude that R -J is aware of and will be ington, D.C. 20552, within 30 days of the rated, 15 FCC 2d 758, 15 RR 2d 105 responsive to the needs and interests of (1968). date this notice appears in the F ederal thè area to be served by its proposal. R egister. 12. Moreover, with respect to the ap The requested Suburban issue wUl, there plicant’s survey efforts directed to its fore, be added to this proceeding. [seal] J ack Carter, specified station location, we believe that 13. Accordingly, it is ordered, That the Secretary, R-J has again failed to demonstrate that petition to enlarge issues, filed May 16, Federal Home Loan Bank Board. its showing comports with the Suburban 1969, by Habersham Broadcasting Co., [F.R. Doc. 69-10701; Filed, Sept. 8, 1969; doctrine and with the criteria set forth Inc., and Robert E. Thomas and Ferris 8:46 a.m.] in Minshall Broadcasting Co., Inc., 11 A. Maloof, doing business as Click Broad FCC 2d 796, 12 RR 2d 502 (1968) and the casting Co., is granted to the extent in Commission’s public notice of August 22, dicated below and is denied in all other [H.O. No. 34] 1968, Ascertainment of Community Needs respects; and by Broadcast Applicants, FCC 68-847, 33 14. It is further ordered, That the is SOUTHWEST FOREST INDUSTRIES, F.R. 12213, 13 RR 2d 1903. Rr-J con sues in this proceeding are enlarged by INC. tacted 17 individuals and approximately the addition of the following issue: To Notice of Receipt of Application for 90 other persons dining its visits to determine the efforts made by Rr-j Co. Clarkesville. However, aside from the fact to ascertain the community needs and Permission To Acquire Control of that R-J’s application has not been interests of the area to be served, and Southwest Savings and Loan Asso amended to reflect these latter inter ciation views, they were apparently of a gen the means by which the applicant pro-* poses to meet such needs and interests. eptember eral conversational nature »and the S 4,1969. principals’ desires and efforts to estab 15. It is further ordered, That the bur Notice is hereby given that the Federal lish a local station were not disclosed den of proceeding with the introduction Savings and Loan Insurance Corporation to the “man-in-the-street” and to the of evidence and the burden of proof un has received an application from the merchants contacted. R -J has also der the issue added herein will be on R -J Southwest Forest Industries, Inc., Phoe failed to indicate what specific sug Co. nix, Ariz., for approval of acquisition of gestions may have been made by its Adopted: September 2,1969. control of the Southwest Savings and contacts, or how those suggestions, Loan Association, Phoenix, Ariz., an in if any, have been incorporated into the Released: September 4,1969. sured institution, under the provisions of program service to be offered by the F ederal Communications section 408(e) of the National Housing applicant. See Click Broadcasting Com Commission, Act, as amended (12 U.S.C. 1730(a) ), and pany, supra; Vernon Broadcasting Com [seal] Ben F. Waple, § 584.4 of the regulations for Savings and pany, 12 FCC 2d 946, 13 RR 2d 245 Secretary. Loan Holding Companies, said acquisi tion to be effected by the exchange of 98.1 (1968). Similarly, with regard to the [F.R. Doc. 69-10707; Filed, Sept. 8, 1969; seventeen specific contacts, the applicant 8:47 am.] percent of the outstanding shares of has neither demonstrated that a rep Southwest Savings and Loan Association resentative cross section of the Clarkes for cash and notes or common stock of ville community was canvassed nor that Southwest Forest Industries, Inc. Com programing proposed is reflective of the ments on the proposed acquisition should needs ascertained from these individ FEDERAL HOME LOAN BANK BOARD be submitted to the Director, Office of uals.15 See Santa Fe Television, Inc., FCC [H.C. No. 37] Examinations and Supervision, Federal 69-810,16 RR 2d 935. For example, while Home Loan Bank Board, Washington, nearly io percent of Clarkesville’s 1960’s FINANCIAL CORPORATION OF D.C. 20552, within 30 days of the date Population was comprised of Negroes, SANTA BARBARA this notice appears in the F ederal there is no indication that R -J contacted' R egister. members of this segment of Clarkesville’s Notice of Receipt of Application for Populace. While it states in its applica Permission To Acquire Control of [seal] J ack Carter, tion that political programs will be of Paramount Savings and 4oan Asso Secretary, £nr*\e importance, that the f acuities of ciation Federal Home Loan Bank Board. its station will be offered to charitable S eptember 4, 1969. [F.R. Doc. 69-10702; Filed, Sept. 8, 1969; organizations and that young people wUl Notice is hereby given that the Federal 8:46 a.m.] o ?rde<* opportunity and encour Savings and Loan Insurance Corporation aged to participate actively in the sta has received an application from the [H.O. No. 35] tion’s programs, the applicant’s ascer Financial Corporation of Santa Barbara, tainment efforts do not reflect consulta TRANS-COAST INVESTMENT CO. tions with any political or charitable or Santa Barbara, Calif., a registered sav ganizations or with any youthful mem ings and loan holding company, for ap Notice of Receipt of Application for proval of its acquisition of control of the Approval of Acquisition of Control bers of the Clarkesville community. In Paramount Savings and Loan Associa the same vein, we note that that R -J pro tion, Bakersfield, Calif., an insured in of Keystone Savings and Loan poses to utilize the facilities of the North stitution, under the provisions of section Association Cteorgia Vocational-Technical School in 408(e) of the National Housing Act, as September 4,1969. order to instruct listemers in the latest amended (12 U.S.C. 1730(a) ), and § 584.4 Notice is hereby given that the Federal of the rules and regulations for Savings Savings and Loan Insurance Corporation and Loan Holding Companies, said ac an falling in R -J’s showing is that quisition to be effected by the purchase has received an application from the cll, 3 e ?iSniflcamt suggestions elicited, in- of shares of Paramount Savings and Loan Trans-Coast Investment Co., Sherman formnf .^hose which it may have rejected In Oaks, Calif., for approval of acquisition bP^ Uiating its P^gram service, have not Association by Financial Corporation of 6 9 860 C1*y of Camden, FCC Santa Barbara followed by a merger of of control of the Keystone Savings and 16 RR 2d 555, 567; King & King Paramount Savings and Loan Associa Loan Association, Westminster, Calif., Broadcasters, FCC 69-631, released Aug. 4, tion into Santa Barbara Savings and an insured institution, under the pro Loan Association, Santa Barbara, Cailf., visions of section 408(e) of the National FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14188 NOTICES [H.C. No. 36] § 584.4 of the regulations for Savings and Housing Act, as amended (12 U.S.C. Loan Holding Companies, said acquisition 1730(a) ), and § 584.4 of the regulations WEST BAY FINANCIAL CORP. to be effected by the exchange of at least for Savings and Loan Holding Companies 80 percent of the outstanding shares of be effected by the exchange of guarantee Notice of Receipt of Application for capital stock of Merit Savings and Loan stock of Keystone Savings and Loan As Permission To Acquire Control of Association for shares of guarantee stock sociation for capital stock of Trans- Merit Savings and Loan Associa of West Bay Financial Corp. Comments Coast Investment Co. Comments on the tion on the proposed acquisition should be proposed acquisition should be submitted S eptember 4, 1969. submitted to the Director, Office of Exam to the Director, Office of Examinations Notice is hereby given that the Federal inations and Supervision, Federal Home and Supervision, Federal Home Loan Savings and Loan Insurance Corporation Loan Bank Board, Washington, D.C. Bank Board, Washington, D.C. 20552, has received an application from the 20552, within 30 days of the date this within 30 days of the date this notice ap West Bay Financial Corp., Gardena, notice appears in the F ederal R egister. pears in the F ederal R egister. Calif., for approval of acquisition of con [seal] J ack Carter, [ seal] J ack Carter, trol of Merit Savings and Loan Associa Secretary, Secretary, tion, Los Angeles, Calif., an insured Federal Home Loan Bank Board. Federal Home Loan Bank Board. institution, under the provisions of sec tion 408(e) of the National Housing Act, [F.R. Doc. 69-10704; Filed, Sept. 8, 1969; [F.R. Doc. 69-10703; Filed, Sept. 8, 1969; 8:47 a.m.] 8:47 a.m.] as amended (12 U.S.C. 1730(a)), and FEDERAL POWER COMMISSION [Doeket Nos. RI70—163 etc.] ATLANTIC RICHFIELD CO. ET AL. Order Accepting Contract Amendment, Providing for Hearings on and Suspension of Proposed Changes in Rates August 29, 1969. The above-named Respondents have tendered for filing proposed changes in presently effective rate of natural gas subject to the jurisdiction of the Commission. The proposed changes, which constitute increased rates a charges, are designated as follows; »Does not consolidate for hearing or dispose of the several matters herein. Gents per Mef Rate in Amount Date= Effective Date effect Rate Sup- Proposed subject to Purchaser and producing area of filing date suspended Rate Docket Respondeat sched- pié- annual tendered unless until— in increased refund in i No. ule ment effect rate dockets No. No. increase suspended Nos. $4,800 * 7-30-69 8 9- 1-69 2- 1-70 « T 14.6 ‘ « IS. 6 1 RI70-163-. Atlantic Richfield Co. '* Natural Gas Pipeline Co. of America (Operator) et al., Post (Hagist Ranch Field, Duval and Office Box 2819, Dallas, McMullen Counties, Tex.) . (RR. Ter. 78221. Attention: Districts Nos. 1 and 4). ( Mr. P. T. Davis. log United Gas Pipe Line Co. (Albrecht ------„ §“ • 9- 8-69 (Accepted)...... — - BI70-164.. W. M. Wiseman,8 2337 • f r - 8-69 2- 8-70 * 13.1664 Houston Natural Gas Field, Goliad County, Tex.) (RR. 18,481 1 8- 8-69 Bldg., Houston, Tex. District No. 2). 77002: Attention: Mr. R. N. Hibbard. »The stated effective date is the first day after expiration of s Corrected by filing dated Aug. 8, 1969. »Amendment dated June 18, 1969, which provides, among other things, »r a »Contractual effective date. renegotiated rate of 18.3 cents for the 8-year penod commencing June 19, 1969, anu t ,Periodic rate increase. 19.3 cents for the 8-year period commencing June 1.9, 1974, * Pressure base is 14.68 p.s.i.a. provisions, provides for downward B.t.u. adjustment and.seller i right to couec 6 finbiftct to a downward B .t.u. adjustment. „ . _ , , any higher applicable just and reasonable rate established by the Commissio . ■ i Settlement rate as approved by Commission order issued Oet. 8,1964, in Dockets n Renegotiated rate increase. ^ Nos. G-9283 and G-9284 et al. ■ _ , _ . _ , _T ' » Formerly James A. Rchler et al., FPC Gas Rate Schedule No. 1. expiration date of the statutory notice. W. M. Wiseman (Wiseman) requests tice, but not the proposed rate contained therein which is suspended as herein (2) It is necessary and proper in the that his proposed rate increase and con public interest and to aid in the enforce tract amendment be permitted to become after ordered. ment of the provisions of the Natural effective as of June 19, 1969, the con The proposed rate increases filed by Atlantic Richfield Co. (Operator) et al., Gas Act that the Commission enter upon tractually provided effective date. Good^ hearings concerning the lawfulness ox cause has not been shown for waiving* and Wiseman exceed the applicable area price levels for increased rates as set the proposed changes, and that the the 30-day notice requirement provided above-designated supplements be sus in section 4(d) of the Natural Gas Act forth in the Commission’s statement of general policy No. 61-1, as amended (18 pended and the use thereof deferred as to permit an earlier effective date for hereinafter .ordered (except for the sup" Wiseman’s rate filings and such request CFR, Chap. I, Part 2, § 2.56). The proposed changed rates and plement referred to in paragraph UJ is denied. above). Concurrently with the filing of his rate charges may be unjust, unreasonable, increase, Wiseman submitted a contract unduly discriminatory, or preferential, or The Commission orders: amendment dated June 18, 1969, desig otherwise unlawful. (A) Supplement No. 8 to Wisemans nated as Supplement No. 8 to Wiseman’s The Commission finds: FPC Gas Rate Schedule No. 2 is ac FPC Gas Rate Schedule No. 2, winch pro (1) Good cause has been shown for cepted for filing and permitted to become vides the basis for his proposed rate in accepting for filing Wiseman’s contract effective as of September 8, 1969, tn crease. We believe that it would be in amendment dated June 16, 1969, desig expiration date of the statutory notice. the public interest to accept for filing nated as Supplement No. 8 to Wiseman’s (B) Pursuant to the authority of the Wiseman’s contract amendment to be FPC Gas Rate Schedule No. 2, and for Natural Gas Act, particularly sections 4 permitting such supplement to become come effective as of September 8, 1969, and 15 thereof, the Commission’s rules p i the expiration date of the statutory no effective as of, September 8, 1969, the FEDERAL REGISTER. VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 NOTICES 14189 practice and procedure, and the regula clearly outweighed in the public interest concerned, and the convenience and tions under the Natural Gas Act (18 by the probable effect of the transaction needs of the community to be served. CFR, Chap. I ) , public hearings shall be in meeting the convenience and needs of Not later than thirty (30) days after held upon dates to be fixed by notices the community to be served. the publication of this notice in the F ed from the Secretary concerning the law Section 3(c) further provides that, in eral R egister, comments and views re fulness of the proposed increased rates every case, the Board shall take into garding the proposed acquisition may be and charges contained in the above- consideration the financial and man filed with the Board. Communications designated supplements’ (except the sup agerial resources and future prospects should be addressed to the Secretary, plement set forth in paragraph (A) of the company or companies and the Board of Governors of the Federal Re above). banks concerned, and the convenience serve System, Washington, D.C. 20551. (C) Pending hearings and decisions and needs of the community to be The application may be inspected at the thereon, the above-designated rate sup served. office of the Board of Governors or the plements are hereby suspended and the Not later than thirty (30) days after Federal Reserve Bank of Kansas City. use thereof deferred until the date indi publication of this notice in the F ederal cated in the “Date Suspended Until” col Dated at Washington, D.C., this 2d day R egister, comments and views regard of September 1969. umn, an thereafter until such further ing the proposed acquisition may be time as they are made effective in the By order of the Board of Governors. manner prescribed by the Natural Gas filed with the Board. Communications Act. should be addressed to the Secretary, [seal] R obert P. F orrestal, (D) Neither the supplements hereby Board of Governors of the Federal Re Assistant Secretary. suspended, nor the rate schedules sought serve System, Washington, D.C. 20551. [F.R. Doc. 69-10681; Filed, Sept. 8, 1969; to be altered thereby, shall be changed The application may be inspected at the , 8:45 a.m.] until these proceedings have been dis office of the Board of Governors or the posed of or\ until the periods of suspen Federal Reserve Bank of Atlanta. FIRST AT ORLANDO CORP. sion have expired, unless otherwise or Dated at Washington, D.C., this 2d dered by the Commission. day of September 1969. Notice of Application for Approval of (E) Notices of intervention or petitions Acquisition of Shares of Bank to intervene may be filed with the Fed By order of the Board of Governors. Notice is hereby given that applica eral Power Commission, Washington, [seal] R obert P. F orrestal, D.C. 20426, in accordance with the rules tion has been made, pursuant to section of practice and procedure (CFR 1.8 and Assistant Secretary. 3(a) of the Bank Holding Company Act 1.37(f)) on or before October 15, 1969. [F.R. Doc. 69-10580; Filed, Sept. 8, 1969; of 1956 (12 U.S.C. 1842(a)), by First at 8:45 a.m.] Orlando Corp., which is a bank holding By the Commission. company located in Orlando, Fla., for [seal] Gordon M. G rant, prior approval by the Board of Gover Secretary. COMMERCE BANCSHARES, INC. nors of the acquisition by Applicant of at [F.R. Doc. 69-10642; Filed, Sept. 8, 1969; Notice of Application for Approval of least 80 percent of the voting shares of 8:45 am.} First National Bank of Melbourne, Mel Acquisition of Shares of Bank bourne, Fla. Notice is hereby given that application Section 3(c) of the Act provides that has been made, pursuant to section 3(a) the Board shall not approve: of the Bank Holding Company Act of (1) Any acquisition or merger or con FEDERAL RESERVE SYSTEM 1956 (12 U.S.C. 1842(a) ), by Commerce solidation under section 3(a) which BARNETT NATIONAL SECURITIES Bancshares, Inc., which is a bank hold would result in a monopoly, or which CORP. ing company located in Kansas City, Mo., would be in furtherance of any combina for prior approval by the-Board of Gov tion or conspiracy to monopolize or to Notice of Application for Approval of ernors of the acquisition by Applicant attempt to monopolize the business of Acquisition of Shares of Bank banking in any part of the United of more than 80 percent of the voting States; or Notice is hereby given that application shares of Columbia National Bank, Columbia, Mo. (2) Any other proposed acquisition or has been made, pursuant to section 3(a) merger or consolidation under this sec of the Bank Holding Company Act of Section 3(c) of the Act provides that tion whose effect in any section of the 1956 (12 U.S.C. 1842(a)), by Barnett Na the Board shall not approve: country may be substantially to lessen tional Securities Corp., which is a bank (1) Any acquisition or merger or con competition, or to tend to create a mo holding company located in Jacksonville, solidation under section 3(a) which nopoly, or which in any other manner *7a., for prior approval by the Board of would result in a monopoly, or which Governors of the acquisition by Appli would be in restraint of trade, unless the cant of 70 percent or more of the voting would be in furtherance of any com Board finds that the anticompetitive shares of Barnett Bank of Daytona bination or conspiracy to monopolize or effects of the proposed transaction are Beach, Daytona Beach, Fla., a proposed to attempt to monopolize the business clearly outweighed in the public interest new bank. of banking in any part of the United by the probable effect of the transaction Section 3(c) of the Act provides that States, or in meeting the convenience and needs of the Board shall not approve: (2) Any other proposed acquisition or the community to be served. (1) Any acquisition or merger or merger or consolidation under this sec Section 3(c) further provides that, in consolidation under section 3(a) which tion whose effect in any section of the every case, the Board shall take into would result in a monopoly, or which country may be substantially to lessen consideration the financial and man ould be in furtherance of any combina competition, or to tend to create a agerial resources and future prospects tion or conspiracy to monopolize or to monopoly, or which in any other manner of the company or companies and the attempt to monopolize the business of would be in restraint of trade, unless the banks concerned, and the convenience oanking in any part of the United Board finds that the anticompetitive and needs of the community to be served. states I or effects of the proposed transaction are Not later than 30 days after the (2) Any other proposed acquisition or clearly outweighed in the public interest publication of this notice in the F ed ergeror consolidation under this sec- by the probable effect of the transaction eral R egister, comments and views tion whose effect in any section of the regarding the proposed acquisition may in meeting the convenience and needs be filed with the Board. Communications r S tr?^.may be substantially to lessen of the community to be served. should be addressed to the Secretary, or tend to create a mo- Section 3(c) further provides that, in Board of Governors of the Federal Re or which in any other manner every case, the Board shall take into con serve System, Washington, D.C. 20551. 5® to restraint of trade, unless the sideration the financial and managerial The application may be inspected at the fw>te totos that the anticompetitive ef- resources and future prospects of the office of the Board of Governors or the of the proposed transaction are company or companies and the banks Federal Reserve Bank of Atlanta. FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14190 NOTICES Dated at Washington, D.C., this 2d International Trade in Cotton Textiles done There is published below a letter of at Geneva on February 9, 1962, pursuant to August 29, 1969, from the Chairman of day of September 1969. the bUateral cotton textile agreement of Au the President’s Cabinet Textile Advisory By order of the Board of Governors. gust 31, 1967, between the Governments of Committee to the Commissioner of Cus the United States and India, and in accord [ seal] R obert P. F orrestal, ance with the procedures outlined in Execu toms, directing that the amount of cot Assistant Secretary. tive Order 11052 of September 28, 1962, as ton textile produets in Category 45, amended by Executive Order 11214 of April 7, produced or manufactured in Malaysia, [F.R. Doe. 69-10682; Filed, Sept. 8, 1969; which may be entered or withdrawn from 8:45 a.m.] 1965, you are directed to prohibit, effective upon publication in the F ederal R egister, warehouse for consumption in the United and until further notice, entry into the States for the 12-month period beginning United States for consumption and. with August 30, 1968, be limited to the desig drawal from warehouse for consumption of INTERAGENCY TEXTILE cotton textiles in Category 31 produced or nated level. manufactured in India and which have been S tanley Nehmer, exported from India during the period be Chairman, Interagency Textile ADMINISTRATIVE COMMITTEE ginning October 1, 1968, and extending Administrative Committee, through September 30, 1969. and Deputy Assistant Secre CERTAIN COTTON TEXTILES AND COT Cotton textiles which have been released tary for Resources. from the custody of the Bureau of Customs TON TEXTILE PRODUCTS PRO T h e Secretary op Commerce DUCED OR MANUFACTURED IN under the provisions of 19 U.S.C. 1448(b) prior to the effective date of this directive president’s cabinet textile advisory INDIA shall not be subject to this directive. com m ittee A detailed description of Category 31 in Entry and Withdrawal From Commissioner of Custom s, farm« of T.S.U.SJV. numbers was published Department of the Treasury, Warehouse for Consumption in the F ederal R egister on January 17, 1968 (33 F.R. 582), and amendments thereto on Washington, D.C. 20226. S eptem ber 4,1969. March 15, 1968 (33 FJt. 4600). August 29, 1969. On August 31, 1967, the Government In carrying out the above directions, entry D ear Mr. Commissioner : Under the terms of the United States, in furtherance of into the United States for consumption shall of the Long-Term Arrangement Regarding be construed to include entry for consump International Trade in Cotton Textiles done the objectives of, and under the terms of, tion into the Commonwealth of Puerto Rico. at Geneva on February 9, 1962, including Ar the Long-Term Arrangement Regarding The actions taken with respect to the Gov ticle 6(c) thereof relating to nonpartici International Trade in Cotton Textiles ernment of India and with respect to im pants, and in accordance with the procedures done at Geneva on February 9, 1962, ports of cotton textiles and cotton textile outUned in Executive Order 11052 of Sep concluded an agreement with the Gov products from India have been determined by tember 28,1962, as amended by Executive Or ernment of India concerning exports of the President’s Cabinet Textile Advisory der 11214 of April 7, 1965, you are directed cotton textiles and cotton textile prod Committee to involve foreign affairs func to prohibit effective August 30, 1969, and ucts from India to the United States. tions of the United States. Therefore, the di for the 12-month period extending through rections to the Commissioner of Customs, August 29, 1970, entry into the United States Among the provisions of the agreement being necessary to the implementation of for consumption and withdrawal from ware is that applying a specific export limita such actions, fall within the foreign af house for consumption of cotton textile tion to Category 31 for the agreement fairs exception to the notice provisions of 5 products in Category 45 produced or manu year which began on October 1, 1968. U.S.C. 553 (Supp. IV, 1965-68). This letter factured in Malaysia, in excess of a level Entries into the United States for con will be published in the F ederal R egister. of restraint for the period of 88,172 dozen. sumption and withdrawals from ware Sincerely yours, In carrying out this directive, entries of house for consumption of cotton textiles cotton textile products in Category 45 pro M aurice H. Sta n s, duced or manufactured in Malaysia, which in Category 31, produced or manufac Secretary of Commerce, Chairman, have been exported to the United States tured in India have exceeded the level President’s Cabinet Textile Advi from Malaysia prior to August 30, 1969, shall, provided for in the agreement. Consulta sory Committee. to the extent of any unfilled balances, he tions with the Government of India [F.R. Doc. 69-^10719; Filed, Sept. 8, 1969; charged against the level of restraint estab concerning these exports are now in 8:48 a.m.] lished for such goods during the period Au progress. A subject of such consultations gust 30, 1968, through August 29, 1969. In will be provision for the entry of goods the event that the above level of restraint has been exhausted by previous entriés, such affected by the directive published below. CERTAIN COTTON TEXTILES AND COT goods shall be subject to the directives set Accordingly, there is published below a TON TEXTILE PRODUCTS PRO forth in this letter. letter of September 4, 1969, from the A detailed description of Category 45 to Chairman of the President’s Cabinet DUCED OR MANUFACTURED IN MALAYSIA terms of T.S.U.S.A. numbers was published Textile Advisory Committee to the Com in the F ederal R egister on January 17, 19®» missioner of Customs, directing that Entry and Withdrawal From (33 F.R. 582), and amendments thereto on upon publication in the F ederal R egister, March 15, 1968 (33 F.R. 4600). and until further notice, entry into the Warehouse for Consumption In carrying out the above directions, entry United States for consumption and with S eptember 4,1969. into the United States for consumption shall drawal from warehouse for consumption On August 29, 1969, the UJS. Govern be construed to include entry for consump of cotton textiles in Category 31 pro tion into the Commonwealth of Puerto Rico. ment, in furtherance of the objectives The actions taken with respect to the Gov duced or manufactured in India and of, and under the terms of, the Long- ernment of Malaysia and with respect to exported during the period beginning Term Arrangement Regarding Interna imparts of cotton textiles and cotton textile October 1, 1968, and extending through tional Trade in Cotton Textiles, done at products from Malaysia have been deter September 30, 1969, be prohibited. Geneva on February 9, 1962, including mined by the President’s Cabinet Textile Aa- Article 6(c) thereof relating to nonpar visory Committee to involve foreign affairs S tanley N ehmer, functions of the United States. There3W®’ Chairman, Interagency Textile ticipants, informed the Government of the directions to. the Commissioner of C®- Administrative Committee, Malaysia that it was renewing for an toms, being necessary to the implementati and Deputy Assistant Secre additional 12-month period beginning of such actions, fall within the foreign tary for Resources. August 30, 1969, and extending through fairs exception to the notice provisions m August 29, 1970, the restraint on imports U.S.C. 553 (Supp. IV, 1965-68). This letter T h e Secretary op Commerce into the United States of cotton textile will be published in the F ederal R egister. president’s cabinet textile advisory products in Category 45, produced or Sincerely yours, COMMITTEE manufactured in Malaysia. Pursuant to M aurice H. Stans, Commissioner o p Cu stom s, Annex B, paragraph 3, of the Long-Term Secretary of Commerce, Chairman, Department of the Treasury, Arrangement the level of restraint for President's Cabinet Textile Ad Washington, D.C. 20226. this 12-month period is 5 percent greater visory Committee. S eptember 4, 1969. than the level of restraint applicable to [F.R. Doc. 69-10720; Filed, Sept. 8, TteAR Mr . Commissioner : Under the terms this category for the preceding 12-month of the Long-Term Arrangement Regarding period. 8:48 am. I FEDERAL REGISTER, VOL 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 NOTICES 14191 W. T. Grant Co„ variety-department OFFICE OF EMERGENCY store; :No. 847, Reseda, Calif.; 7-14-69 to DEPARTMENT OF LABOR 7-13-70. Wage-and Hour Division Hall’s 5 & 104 Stores, variety store; 122- PREPAREDNESS 126 South Main Street, Woodruff, S.C.; 7-3-69 NEW YORK CERTIFICATES AUTHORIZING EM to 7-2-70. PLOYMENT OF FULL-TIME STU Harry’s Food Stores, Inc., foodstore; 135 Notice of Major Disaster DENTS WORKING OUTSIDE OF West Twohig, San Angelo, Tex.; 7-3-69 to 7-2-70. Pursuant to the authority vested in SCHOOL HOURS AT SPECIAL MIN Hayfield Farm, agriculture; Lehman, me by the President under Executive IMUM WAGES IN RETAIL OR SERV Township, Pa.; 6-26-69 to 6-25-70. Order 10427 of January 16, 1953, Execu ICE ESTABLISHMENTS OR IN AGRI Henderson Drugs, Inc., drugstore; 5941 tive Order 10737 of October 29,1957, and Kingston Pike, Knoxville, Tenn.; 7-7-69 to Executive Order 11051 of September 27, CULTURE 7-6-70. 1962 {18 F.R. 407, 22 FJR. 8799, 27 F it. Notice is hereby given that pursuant Herberger’s, department stores from 6—28—69 to 6—27—70: 110 North Minnesota 9683); and by virtue of the Act of Sep to section 14 of the Fair Labor Stand Street, New Ulm, Minm; 330 Chestnut Street, tember 30,1950, entitled “An Act to au ards Act of 1938 (52 Stat. 1060, as Virginia, Minn.; 19 South Maple Street, thorize Federal assistance to States and amended, 20 UJS.C. 201 et seq.X, the Watertown, S. Dak.; 25-29 North Main local governments in major disasters, regulation on employment of full-time Street, Rice Lake, Wis. and for other purposes” (42 U.S.C. 1855- students (29 CFR Part 519), and Admin Hillside Farms, Inc., agriculture; Wilkes- 1855g); notice is hereby given that on istrative Order No. 595 (31 F.R. 12981), Barre, Pa.; 6-26-69 to 6-25-70. August 26, 1969, the President declared the establishments listed in this notice L. D. Holmes & Sons, agriculture; Route 1, a major disaster as follows: have been issued special certificates au Johnston, S.C.; 6-25-69 to 6-14-70. thorizing the employment of full-time H. T. & L. F. Holmes Farms, agriculture; I have determined that the damages in Route 2, Trenton, S.C.; 7-9-69 to 6-4-70. Sullivan County of -the State of New York students working outside of school hours Kay Planting Co., agriculture; Xndi&nola, adversely affected by heavy rains and flood at hourly wage rates lower than the min Miss.; 6-26-69 to 6-25-70. ing beginning on or about July 27, 1969, are imum wage rates otherwise applicable Kline’s Department Store, department of sufficient severity and magnitude to war under section 6 of the act. The effective store; 14 East Front Street, Monroe, Mich.; rant a major disaster declaration under Pub and expiration dates are as indicated 6-27-69 to 6-26-70. lic Law 81—875.1, therefore, declare th a t such below. The minimum certificate rates are S. S. Kresge Co., variety-department stores a major disaster exists in New York. not less than 85 percent of the applicable from 6—23—69 to 6—22—70 except as otherwise Dated: September 2, 1969. statutory minimum. indicated: No. 157, Newport, Ky. (7-1-69 to The following certificates provide for 6-30-70); No. 249, Joplin, Mb. (6-27-69 to G. A. Lincoln, 6-26-70); No. 4619, Springfield, Mo. (7-14-69 Director, an allowance not to exceed the propor to 7-13-70); No. 4577, Fremont, Nebr. Office of Emergency Preparedness. tion of the total hours worked by full (6-21-69 to 6-20-70); No. 562, Bloomfield, time students at rates below $1 an hour N.J.; No. 392, Montclair, N.J. (6-26-69 to JPJt. Doc. 69-10696; Piled, Sept. 8, 1969; to the total number of hours worked by 6- 22-70); No. 498, North Eatontown, N.J.; 8:46 a.m.] all employees in the establishment dur No. 80, Paramus, N.J.; No. 221, Parlin, N.J.; ing the base period in occupations of the No. 260, Passaic, N.J. (7- 1-69 to 6-30-70); same general classes in which the estab No. 23, Princeton, NJ.; No. 65, Trenton, N.J^- No. 231, Fargo, N. Dak. (6-26-69 to 6-26-70). lishment employed full-time students a t S. H. Kress and Co., variety-department SECURITIES AND EXCHANGE wages below $1 an hour in the base stores: 343 Springfield Avenue, Summit, N.J., period. 7— 16—69 to 7-15-70; 652 Procter Street, Port COMMISSION Asheville Orthopedic Hospital, Inc., hospi Arthur, Tex., 6-27-60 to 6-26-70. RAJAC INDUSTRIES, INC. tal; Asheville, N.C.; 7-7-69 to 7-6-70. Lester Krueger, agriculture; Springfield, Ballard’s Food Store, foodstore; 301 East Minn.; 6-21-69 to 6-20-70. Order Suspending Trading Charles, Paul’s Valley, Okla.; 7-1-69 to 8- Ed A. Leatherman, Jr., agriculture; Purgits- 30-70. ville, W. Va.; 7-1-69 to 6-30-70. S eptember 3, 1969. Beacham Memorial Hospital, hospital; Luke’s Foodliner, foodstore; 1 Ardmore It appearing to the Securities and North Cherry, Magnolia, Miss.; 6-27-69 to Mall, Ardmore, Okla.; 7-15-69 to 7-14-70. Exchange Commission that the sum 6- 26-70. Maddux Hardware Co., hardware store; mary suspension of trading otherwise Bosma Brothers Farms, agriculture; 1187 319 East Spring Street, Cookeville, Tenn.; Poulson Road, Muskegon, Mich.; 7-2-69 to 6-26-69 to 6-25-70. •ii.on B ^ tio n a l securities exchangp 7 - 1-70. MeCrory-McLellan-Green Stores, variety- m the common stock and all other se Brett’s Department ©tore, department department store; No. 545, Laredo, Tex • curities of Rajac Industries, Inc. (a New store; 325-329 South Front Street, Mankato, 6-28-69 to 6-27-70. *ork corporation), is required in the Minn.; 6-23-69 to 6-22-70. McKinley's Food Market, Inc., foodstore; -Public interest and for the protection of Central Market, foodstore; Third and Lin Main Street, Haneock, Md.; 6-23-69 to investors: coln, Hebron, Nebr.; 7-9-69 to 7-8-70. 6- 22-70. i ordered, Pursuant to section Clarkedale Plantation, agriculture; Clarke- Millville Hospital, hospital; North High r j ' ® of the Securities Exchange Act dale, Ark.; 7-12-69 to 7-11-70. Street, Millville, N.J.; 7-5-69 to 7- 4- 70. Cobom’s Inc., foodstore; 6 North Broadway, • G. C. Murphy Go., variety-department nivTvjJy trading in such securities Sauk Rapids, Minn.; 6-28-69 to 6-27-70. stores from 6-29-69 to 6-28-70: No. 433, nerwise than on a national securities Co-op Grocery Store, foodstore; 204 Bast Anna, 111.; No. 427, Winchester, Ind. «change be summarily suspended, this Court, Beloit, Kans.; 6-28-69 to 6-27-70. ”*! Oklahoma Memorial Union, Inc., student f l u to ^ effective for the period Sep- Basyway Food Center, foodstore; Carter union; 900 Asp Avenue, Norman, Okla* 1969> through September 13, Street, Harriman, Tenn.; 7-8-69 to 7-7-70. 7- 14-69 to 7-13-70. both dates inclusive. Park-N-Save, foodstore; Route 725 West, Emanuel Hospital, hospital; 2801 North Germantown, Ohio; 6-23-69 to 6-22-70. By the Commission. Gantenbein Avenue, Portland, Oreg 7-8-69 to 6-30-70. Penn Taft Pharmacy, drugstore; 1815 Pennsylvania Avenue, West Mifflin, Pa • tSEAL] Q rVAL L. DuBoiS, Franks IGA Foodliner, foodstore; 130 South 6—27-69 to 6-26-70. Secretary. Grand Avenue, Fowlerville, Mich.; 6-30-69 to Peoples Wholesale Co., foodstore; Water 6-29-70. Valley, Miss.; 6-28-69 to 6-27-70. IpR. Doc. 69-10698; Piled, Sept. 8, 1969; Furr’s Inc., foodstore; No. 6, Hobbs, N 8:46 a.m.] Scott Store, variety-department stores Mex.; 7-19-69 to 7-18-70. from 6-27-69 to 6-26^-70 except as otherwise FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14192 NOTICES DeByle’s, Inc., apparel stores for the occu 6- 23-69 to 6-22-70; South Pleas&nthurg indicated: No. 40, Madison, Ind.; No. 125, Drive, Greenville, S.C., salesclerk, porter, 11 Hazard, Ky. (7-1—69 to 6-30-70); No. 17, pations of mail clerk, errand clerk, Janitorial, 10 percent, 7-3-69 to 7-2-70: Eagle River, to 40 percent, 7-8-69 to 7—7—70. Brainerd, Minn. (6-28-69 to 6—25—70) ; No. 55, Lerner Shops, apparel store; No. 178, Eaton- Kansas City, Mo. Wis.; Minocqua, Wis.; Rhinelander, Wis.; Wisconsin Rapids, Wis. town, N.J., salesclerk, cashier, credit Clerk; Setterholm’s Super Fair, Inc., foodstore; 6 to 25 percent; 7—1—69 to 6-30-70. 935 South Lake Street, Forest Lake, Minn.; Dillon Companies, Inc., foodstores; No. 34, Wichita, Kans.; cashier, checker, clerk, car Lobel’s Youth Center, Inc., apparel store; 6—28—69 to 6-27-70. ryout, maintenance, wrapper; 9 to 17 percent; 100 Broadway, East Paterson, N.J.; salesclerk, Skinner Nursery, agriculture; 1225 Lower stock clerk, wrapper, packer; 0 to 18 percent; Silver Lake Road, Topeka, Kans.; 6-25-69 to 7-1-69 to 6-30-70.' Duckwall Stores Co., variety-department 7- 7-69 to 7-6-70. 6-24-70. Magic Mart, Inc., department store; 1701 Star Brand Cattle Co., agriculture; Kauf store) No. 57, Albuquerque, N. Mex.; sales Main Street, Little Rook, Ark.; salesclerk, man, Tex.; 7—5—69 to 7—4-70. clerk, stock clerk; 2 to 15 percent; 7-12-69 stock clerk, janitorial; 6 to 17 percent; 7-14r- Stern & Mann Co., apparel store; 301 Tus to 3-30-70. 69 to 7-13-70. carawas Street, West, Canton, Ohio; 7—14—69 Farmers Supply Co., hardware store; Farm- McCrory-McLellan-Green Stores, variety- to 7-13-70. ville, Va.; stock clerk, errand clerk; 0 to 20 department stores for the occupations of Super Chief, Inc., foodstore; 2 Broad Street percent; 7—14—69 to 7—13—70. salesclerk, stock clerk, office olerk except as NW., Atlanta, Ga;; 6-23-69 to 6-21-70. Ferguson Free Car Wash, gasoline station; otherwise indicated: No. 396, Punta Gorda, Super Drive Ins, foodstore; No. 2, Nashville, 2315 Ferguson Road, Cincinnati, Ohio; serv Fla., 8 to 15 percent, 7-13-69 to 7-12-70; Tenn.; 7—11—69 to 7—10—70. ice station attendant, retailer; 46 to 72 per No 389, Baltimore, Md., 21 to 38 percent, T. G. & Y. Stores Co., variety-department cent; 7-1-69 to 6-30-70. 7-18-69 to 7-12-70; No. 231, Lansing, Mich., stores: No. 148, Kansas City, Kans., 6-22-69 Feudo Foodtown, foodstores for the occu 10 to 27 percent, 7-2-69 to 7—1—70; No. 255, to 6-21-70; No. 145, Independence, Mo., pations of stock clerk, bottle clerk, carryout, Norfolk, Nebr., 7 to 21 percent, 7-2-69 to 6-29-69 to 6-28-70. cleanup, 11 to 14 percent: No. 1, Corpus 7_1_70 (salesclerk, stock clerk, office olerk, Thrift-Way Supermarket, foodstore; Gate Christi, Tex., 7-11-69 to 7-10-70; No. 2, porter); No. 397, Kutztown, Pa., 12 to 23 per City, Va.; 7-14r-69 to 7-13-70. Corpus Christi, Tex., 7-8-69 to 7-7-70. cent, 7-8-69 to 6-26-70; No. 233, Sunibury, Trojan Seed Co., agriculture; Olivia, Minn.; W. T. Grant Co., variety-department stores Pa., 15 to 32 percent, 7-1-69 to 6-30-70. 6-21-69 to 6-20-70. for the occupations of salesclerk, stock clerk G. C. Murphy Co., variety-department Union Motor Co., Inc., auto dealer; 315 except as otherwise indicated, 4 to 18 percent stores for the occupations of salesclerk, stock East Gaines, Monticello, Ark.; 6-27-69 to except as otherwise indicated: No. 1054, Clerk, office clerk, Janitorial; No. 77, Fort 6- 26-70. , -I. Riverside, Calif., 7—1—69 to 6-30-70; No. 133, Wayne, Ind., 11 to 26 percent, 6-23-69 to Virginia Baptist Hospital, hospital; River- Santa Ana, Calif., 7-15-69 to 7-14-70; No. 6- 22-70; No. 328, York, Pa., 5 to 19 percent, mont Avenue, Lynchburg, Va.; 7-8-69 to 739, Whittier, Calif., 7-8-69 to 7-7-70; No. 7- 1-69 to 6-30-70. 7- 7-70. - ^ 997, Mundelein, 111., 6-27—69 to 6-26-70 Park-N-Save, foodstores for the occupa Wheat Ridge Ranch Market, foodstore, (salesclerk, cashier, office clerk, stock clerk, tions of stock clerk, carryout, cleanup, 10 6920 West 38th Avenue, Wheat Ridge, Colo.; 2 to 19 percent); No. 1133, Fairview, Mass., percent: Carlisle, Ohio, 6-23-60 to 6-22-70; 7-17-69 to 7-16-70. 77-11-69 to 7-10-70 (salesclerk, stock clerk, Franklin Township, Ohio, 7-1-69 to 6-30-70. Willbrandt Farms, agriculture; 693 West office clerk, cashier, 2 to 12 percent); No. Piggly Wiggly, foodstore; No. 31, Shreve Wedgewood Drive, North Muskegon, Mich.; 1202, Milwaukee, Wis., 7-5-69 to 7-4-70 port, La.; stock clerk, checker, sacker, clerk; 7-11-69 to 7-10-70. (salesclerk, office clerk, 8 to 10 percent). 10 percent; 7-15-69 to 7-14-70. Larry J. Woodard, agriculture; Lepanto, H. E. B. Food Store, foodstore; No. 117, Rog & Scotty’s Super Valu, foodstore; No. Ark.; 6-23-691 to 6-22-70. Crystal City, Tex.; package olerk, sacker, bot 4, Council Bluffs, Iowa; carryout, stock clerk, Larry Woodard Farms, Inc., agriculture; tle clerk; 10 percent; 6-25-69 to 6-24-70. produce clerk; 32 to 33 percent; 7-10-69 to Osceola, Ark.; 6—23—69 to 6—22—70. Herberger’s department stores for the occu 7-9-70. „ .. Wood’s 5 & 10* Stores, Inc., variety store; pations of salesclerk, office clerk, marker, 3 to Rohman’s Thriftway, foodstore; 810 Main, Rockingham, N.C.; 7-15-69 to 7-14-70. 8 percent, 6-28-69 to 6-27-70; 522 Broadway, Concordia, Mo.; sacker, carryout; 10 percent; F. W. Woolworth Co., variety-department Alexandria, Minn.; 312 North Bridge, Chip 6- 23-69 to 6-22-70. ^ , store; No. 2319, Mesquite, Tex.; 6-24-69 to pewa Falls, Wis.; 428 Main Street, La Crosse, Rose’s Stores, Inc., variety-department Wis.; 222-228 Third Street, Wausau, Wis. 6-23-70. ■ - stores for the occupations of salesclerk, stock S. Workman & Sons, agriculture; 3610 J & S Enterprise Market, foodstore; Hawk clerk except as otherwise indicated, 7-15-69 South Getty Street, Muskegon, Mich.; 7-1-69 Point, Mo.; stock clerk, carryout; 13 to 36 to 7-14-70 except as otherwise indicated: to 6-30-70. percent; 7-14-60 to 7—13—70. No. 177, Andalusia, Ala., 13 to 32 percent Kiddie Shoppe of Wilkes-Barre Inc., ap (salesclerk, stock clerk, checker); No. 93, Bei- The following certificates were issued parel store; 14r-16 East Northampton, Wilkes- haven, N.C., 2 to 25 percent (salesclerk, to establishments relying on the base- Barre, Pa.; salesclerk, cashier, credit clerk; 7- 11-60 to 7-10-70); No. 174, Hickory, N.C., year employment experience of other 2 to 6 percent; 7-10-60 to 7-9-70. 12 to 41 percent (7—8—69 to 7—7—70); No. 27, establishments, either because they came S. S. Kresge Co., variety-department stores Warrenton, N.C., 13 to 29 percent (salesclerk, for the occupations of salesclerk, stock clerk, stock clerk, office clerk, checker, 7-8-60 to into existence after the beginning of the office clerk, checker-cashier except as other 7_7_70) ; No. 181, Conway, S.C., 5 to 35 per applicable base year or because they did wise indicated: No. 4184, Mobile, Ala., 3 to 11 cent (salesclerk, 7-7-69 to 7-6—70); No. 17 • not have available base-year records. The percent, 7—6—69 to 7—5—70 (salesclerk, stock Orangeburg, S.C., 6 to 21 percent; No. 170i certificates permit the employment of clerk, maintenance, checker-cashier, office Rock Hill, S.C., 11 to 27 percent (salesclerk, full-time students at rates of not less clerk); No. 784, Boulder, Colo., 3 to 23 per checker); No. 105, Columbia, Tenn., 3 to than 85 percent of the statutory mini cent, 7-13-69 to 7-12-70; No. 4215, Kansas percent (salesclerk). . mum in the classes of occupations listed, City, Kans., 5 to 10 percent, 7-5-69 to 7-4-70; Schensul’s Cafeteria, Inc., restaurant; west and provide for the indicated monthly No. 4172, Monroe, La., 2 to 15 percent, 7—3—69 Saginaw Street, Lansing, Mich.; to 7-2-70 (salesclerk); No. 4217, Independ (girl), coffee girl (boy), counterworker, disn- limitations on the percentage of full ence, Mb., 13 to 20 percent, 7-15-69 to washer, food preparer, short order cook; time student hours of employment at 7_14_70; No. 72, St. Louis, Mo., 13 to 29 per to 77 percent; 7-10-69 to 7-9-70. rates below the applicable statutory cent, 6-29-69 to 6-28-70; No. 4060, Charlotte, Scott Store, variety-department stores for minimum to total hours of employment N.C., 11 to 22 percent, 6-23—69 to 6-22—70 the occupations of salesclerk, stock cie > of all employees. (salesclerk, checker-cashier); No. 4301, Lima, checker, 10 to 26 percent except as other Ohio, 10 percent, 7-14-69 to 7—13-70 (sales Ben Franklin Store, variety store; Berkeley wise indicated, 6-27-69 to 6-26-70 except as clerk, stock clerk, checker-cashier, mainte otherwise indicated: No. 51, Aurora, Hi. l Square Shopping Center, Goose Creek, S.C.; nance, office clerk, customer service); No. 422, salesclerk, stock clerk; 10 to 45 percent; to 25 percent); No. 144, Columbus, vm. New Castle, Pa., 4 to 13 percent, 7-7-69 to (6-28-69 to 6-27-70); No. 126, Muncie, ina. 7_14_69 to 7-13-70. 7_6_70 (salesclerk); No. 758, Alcoa, Tenn., No. 132, Elizabethtown, Ky. (6-30 o9 Cerretanis* Supermarket, Inc., foodstores 2 to 17 percent, 6-26-69 to 6—25—70 (sales for the occupations of bagger, stock clerk, 13 clerk, stock clerk, maintenance, office olerk, 6-29-70). - to 20 percent, 7-15-69 to 7-14-70: 34 Essex Sterling Stores Co., Inc., variety store, checker-cashier, customer service); No. 4244, 1563 South Highland, Jackson, Tenn., ih Street, Melrose, Mass.; 209 Revere Beach Knoxville, Tenn.; 2 to 17 percent; 7-18-69 Parkway, Revere, Mass. to 7-17-70 (salesclerk, stock clerk, mainte clerk, stock clerk, janitorial; 12 to to y Coborn’s, Inc., foodstores for the occupa nance, office clerk, checker-cashier, customer cent; 7-16-69 to 7-15-70. 3040 tions of stock clerk, carryout, 19 to 23 percent, service); No. 4219, Green Bay, Wis., 11 to 27 Stern & Mann Co., apparel store, 6-28-69 to 6-27-70: Foley, Minn.; 327 South percent, 7-5-69 to 7-4-70. Cromer Northwest, Canton, ^ io; .i*® ation Fifth Avenue, St. Cloud, Minn. S. H. Kress and Co., variety-department clerk, stock clerk, service clerk, altera ^ Bill Crook’s Food Town, foodstore; No. 1, stores: 440 Dorchester Avenue, Charleston clerk, gift wrapper, teen board memos , Nashville, Tenn.; stock clerk, sacker; 9 to 11 Heights, S.C., salesclerk, 4 to 24 percent, 8 percent; 7—15—69 to 7—13—70. percent; 7-1-69 to 6-30-70. FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 NOTICES 14193 Sunshine Department Store, department students at special minimum rates will store; 32 Hawthorne Plaza, Mableton, Ga.; Lines, Inc. (A Louisiana Corporation), salesclerk; 8 to 10 percent; 7-7-69 to 7-6-70. not create a substantial probability of Kenner, La., of the operating rights in Sunshine Villa, Inc., nursing home; Birch- reducing the full-time employment op certificates Nos. MC-8768 (Sub-No. 1), Mor Medical Park, Mora, Minn.; nurse’s aide, portunities of persons other than those MC-8768 (Sub-No. 28), and MC-8768 laundry assistant, kitchen orderly, house employed under a certificate. The cer (Sub-No. 31) issued November 21, 1960, keeping aide; 8 to 14 percent; 8-1-69 to tificates may be annulled or withdrawn, June 30, 1964, and July 26, 1965, re 7-31-70. as indicated therein, in the manner pro spectively, to Security Van Lines, Inc. Super Drive Ins, foodstore; No. 5, Nashville, vided in Part 528 of Title 29 of the Code Tenn.; sacker, bottle clerk; 21 to 32 percent; (An Alabama Corporation), Kenner, La., 7-11-69 to 7-10-70. of Federal Regulations. Any person ag authorizing the transportation, over ir T. G. & Y. Stores Co., variety-department grieved by the issuance of any of these regular routes, of household goods be stores for the occupations of salesclerk, stock certificates may seek a review or recon tween points in 33 States and the District clerk, office clerk, 20 to 30 percent except sideration thereof within 30 days after of Columbia, furniture and office effects as otherwise indicated, 7-3-69 to 7-2-70 ex publication of this notice in the F ederal and equipment between points in Loui cept as otherwise indicated: No. 571, Baldwin R egister pursuant to the provisions of siana, on the one hand, and, on the other, Park, Calif.; No. 526, Camarillo, Calif.; No. 29 CFR 519.9. 549, Cerritos, Calif.; No. 531, El Monte, Calif.; points in Mississippi, Tennessee, Arkan No. 550, Escondido, Calif.; No. 595, Hemet, Signed at Washington, D.C., this 29th sas, Georgia, Florida, Missouri, Illinois, Calif.; Nos. 502 and 558, Dong Beach, Calif.; day of August 1969. Alabama, and Texas, and general com No. 615, Milpitas, Calif. (7-3-69 to 6-30-70); modities between points in an area com No. 512, North Hollywood, Calif.; No. 507, R obert G. Gronewald, prising New Orleans, La., and points Ojai, Calif.; No. 505, Riverside, Calif.; No. Authorized Representative within 15 miles of New Orleans. J. G. Dail, 623, Rohnert Park, Calif. (7-3-69 to 6-30-70); of the Administrator. Jr., 1111 E Street NW., Washington, D.C. Nos. 511 and 532, Santa Barbara, Calif.; No 575, Saugus, Calif.; No. 530, Thousand Oaks, [P.R. Doc. 69-10695; Piled, Sept. 8, 1969; 20004, attorney for applicants. Calif.; No. 302, Kansas City, Kans. (9 to 28 8:46 a.m.] No. MC-FC-71578. By order of Au percent, 6-22-69 to 6-21-70); No. 281, Los gust 27, 1969, the Motor Carrier Board Alamos, N. Mex. (13 to 24 percent, 7-7-69 approved the transfer to W. B. Crosby, to 7-6-70) ; No. 424, Muskogee, Okla. (10 to doing business as American Transfer & 16 percent); No. 87, Oklahoma City, Okla. INTERSTATE COMMERCE Storage Co., 702 South Third Avenue, (22 to 30 percent, 7-2-69 to 7-1-70); No. 445, Tulsa, Okla. (24 to 30 percent, 7-9—69 to Marshalltown, Iowa, 50158, of the certifi 7-8-70); No. 802, ■ Alice, Tex. (30 percent, COMMISSION cate in No. MC-41000, issued Novem 7-14-69 to 7-13-70)'. [Notice 406] ber 20,1950, to W. B. Crosby and Ruth A. Taylors Orchard, agriculture; Greer, S.C.; Crosby, a partnership, doing business as peach picker, peach packer; 0 to 25 percent; MOTOR CARRIER TRANSFER American Transfer & Storage Co., 702 6-27-69 to 6-26-70. PROCEEDINGS South Third Avenue, Marshalltown, Terry Parris Stores, Inc., variety-depart Iowa, 50158, authorizing the transporta ment store; No. 5413, Alice, Tex.; salesclerk, September 4, 1969. tion of soap, soap products, and lard stock clerk, office clerk, janitorial; 10 to 28 Synopses of orders entered pursuant percent; 7-14-69 to 7-13-70. substitutes from Marshalltown, Iowa, to Tom Thumb Stores, Inc.; foodstore; No. to section 212(b) of the Interstate Com points in Iowa. 36, Dallas, Tex.; package clerk; 11 to 15 per merce Act, and rules and regulations No. MC-FC-71583. By order of Au cent; 7-17-69 to 7-16-70. prescribed thereunder (49 CFR Part gust 29, 1969, the Motor Carrier Board Trojan Seed Co., agriculture for the occu 1132), appear below: approved the transfer to Link Truck pation of detassler, 0 to 95 percent; 6-21-69 As provided in the Commission’s spe Lines, Inc., Genoa, Colo., of the certifi to 6-20-70: Lake Crystal, Minn.; Welcome, cial rules of practice any interested per cate in No. MC-26161, issued March 8, Minn. son may file a petition seeking reconsid Wheaton Super Valu, foodstore; Wheaton, 1967, to Glenn Blank, doing business as Minn.; checker, produce clerk, carryout; 9 to eration of the following numbered pro G & E Truck Line, Joes, Colo., authoriz 18 percent; 6-27-69 to 6-26-70. ceedings within 20 days from the date of ing the transportation of livestock, feed, Wood’s 5 & 10# Stores, Inc., variety store; publication of this notice. Pursuant to grain, and household goods, between Elizabethtown, N.C.; salesclerk, stock clerk; section 17(8) of the Interstate Com Joes, Colo., and points within 25 miles 9 to 20 percent; 7-14-69 to 7-13-70. merce Act, the filing of such a petition of Joes, on the one hand, and, on the will postpone the effective date of the other, points in Kansas. Stockton and Each certificate has been issued upon order in that proceeding pending its dis the representations of the employer Lewis, The 1650 Grant St. Building, Den position. The matters relied upon by ver, Colo. 80203, attorney for applicants. which, among other things, were that petitioners must be specified in their employment of full-time students at spe petitions with particularity. [seal] Andrew Anthony, Jr., cial minimum rates is necessary to pre No. MC-FC-71522. By order of Au Acting Secretary. vent curtailment of opportunities for gust 27, 1969, the Motor Carrier Board [P.R. Doc. 69-10715; Piled, Sept. 8, 1969; employment, and the hiring of full-time approved the transfer to Security Van 8:48 a.m.] No. 172----- 5 FEDERAL REGISTER, VOL. 34, NO. 172— TUESDAY, SEPTEMBER 9, 1969 14194 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during September Page 3 CFR Page 14 CFR—Continued Page 36 CFR— Continued 3926___ 14165 P roposed R ules—Continued P roposed R ules: 75______:____140C2 7______13994, 14035 5 CFR 91______14079 213______!______13968, 14066 167______1412937 CFR 713______14023 288______14078 P roposed R ules: 399______14078 1______...... 14176 7 CFR 81______;______13991 16 CFR 39 CFR 215______14167 15 ______13988 123— ______14170 301______14167 P roposed R ules: 722______14065 126______14170 729______- 14121 245______— 14176 127 ______14171 908______14025 132______14171 17 CFR 156 ______14171 910______14122 _ 14028 948______14065 231_____ 14125 221 ______222— ______14028 P roposed R ules: 243______14028 29______- ______- 14035 21 CFR 247— ______14028 906______14129 1 14070 944__ 13994 3 ______14167 948—______14035 19 ______- ____ 14070 43 CFR 1007______—______13994 20 ____ 14071 2240______„ _ 14075 1090______13994 120______14073, 14126, 14168 P ublic Land Orders 121_ 14168 4582 (modified by PLO 4682) — 14076 8 CFR 131______14167 4682______14076 103____ 14123 191______14169 P roposed R ules: 47 CFR 9 CFR 22—____ 13999 73______13989 73 ______14024 148m ______14078 91 ______13990 191______IS 14129 74 ______14024, 14066 P roposed R ules: 317______13992 ...... 14000 24 CFR 73 10 CFR 1600____ 14027 40____ — 14067 49 CFR 31 CFR 1032 — 14172 1048 __ ...... 14174 14 CFR 251____ -______-______14126 2i 14067 253 ______14126 P roposed R ules: 39~ 13968, 13969, 14025-14027, 14123 254 ______14126 Ch. IV______14054 71 _ 14027, 14068, 14069, 14124 256______14126 1002 —_ 14000 73 — I . _____ 14069, 14124 290______14126 97" ______13970 50 CFR 127 14069 _ 14028 183------______14124 32 CFR 10 163______-______14027 32 _ 13991, P roposed R ules: 501______—------14126 14032-14034, 14074, 14075, 14174 13 14079 33 _ 14074 47______— 14079 36 CFR P roposed R ules: 61 14081 _14079 7 1 " : ; : : : : : ___ 13999,14082,14176 2______14170 32------