FEDERAL REGISTER VO LUM E 34 • N U M BER 49 Thursday, March 13, 1969 • Washington, D.C.

Pages 5147-5218

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration General Services Administration Health, Education, and Welfare Department Interior Department International Commerce Bureau Interstate Commerce Commission Labor Department Labor-Management and Welfare- Pension Reports Office Land Management Bureau Public Health Service Securities and Exchange Commission Small Business Administration Treasury Department Detailed list of Contents appears inside. Just Published

PRINCIPAL OFFICIALS IN THE EXECUTIVE BRANCH

Appointed January 20-February 20, 1969

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

Price: 20 cents

Compiled by Office of the Federal Register, National Archives and Records Service, Oeneral Services Administration

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALApEGISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 'V, '»»* Phone 962-8626 OAliTtO’ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S,C., Ch. 15), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. • The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of Federal R egulations. Contents

AGRICULTURAL STABILIZATION DEFENSE DEPARTMENT Notices See Engineers Corps. Hearings, etc.: AND CONSERVATION SERVICE Brammer Engineering, Inc., et ENGINEERS CORPS a l ______—____ 5199 Notices Cities Service Oil Co. et al______' 5199 Organization, functions, and dele­ Rules and Regulations Husky Oil Company of Dela­ gations of authority------5185 Flood control; Red Willow Dam ware ______5200 and Hugh Butler Lake, Red Joseph E. Seagram & Sons, Inc., AGRICULTURE DEPARTMENT Willow Creek, Frontier County, et al______5196 See Agricultural Stabilization and N e b r ______5159 Pacific Gas and Electric Co____ 5200 Conservation Service ; Consumer Sohio Petroleum Co. et al______5198 and Marketing Service. FEDERAL AVIATION Texas Gas Transmission Corp_ 5200 ADMINISTRATION Trico Electric Cooperative, Inc_ 5200 ARMY DEPARTMENT Rules and Regulations See Engineer Corps. FEDERAL RESERVE SYSTEM Restricted area and continental Notices ATOMIC ENERGY COMMISSION control area; designation and alteration ______5157 First Bankshare Association; ap­ proval of application under Notices Proposed Rule Making General Electric Co. and South­ Bank Holding Company Act___ 5196 west Atomic Energy Associates; Federal airways: issuance of provisional operat­ A lteration ______5180 FISH AND WILDLIFE SERVICE Designation, alteration, and rev­ ing license------.s------5188 Rules and Regulations Power Reactor Development Co.; ocation of segments______5180 extension of license expiration Transition areas; designations (2 Sport fishing on certain national date______5188 documents)______5181 wildlife refuges: , Project Gasbuggy; availability of New Mexico; Bosque del containers of gas------5187 FEDERAL COMMUNICATIONS Apache______5172 COMMISSION Texas; Hagerman______5172 CIVIL AERONAUTICS BOARD Rules and Regulations Notices Notices Loan applications: Domestic public radio services; in­ Herchy, Marceau M. and Doris Hearings, etc.: corporation of new and modified A d e lle ______5185 International Air • Transport earth station coordination dis­ Miss Sarah, Inc______5185 Association — ------— 5188 tance contours; correction_____ 5172 Trawler Maine, Inc______5185 Linea Aerea Nacional-Chile Notices (LAN) ______5189 Twin Cities-Milwaukee South­ Common carrier services informa­ FOOD AND DRUG east points investigation------5189 tion; domestic public radio serv­ ADMINISTRATION ices applications accepted for Notices COMMERCE DEPARTMENT filin g ------5192 Mexican broadcast stations; list of Calgon Corp.; food additive peti­ See International Commerce Bu­ new stations, proposed changes tion ______5187 reau. in existing stations, deletions, Drugs for veterinary use; sulfa- and corrections in assignments- 5195 merazine; efficacy study imple­ CONSUMER AND MARKETING Hearings, etc.: mentation ______5187 SERVICE Harvit Broadcasting Corp. and Three States 'Broadcasting GENERAL SERVICES Rules and Regulations Co ------5189 Asparagus, frozen; standards for New Era Broadcasting Co., Inc., ADMINISTRATION grades______5151 and Southern Utah Broad­ Rules and Regulations casting Co. (KSUB)______5190 Expenses and rate of assessment: Federal property management; Potatoes, Irish, grown in south­ sales of surplus personal prop- eastern States______5157 FEDERAL HOME LOAN BANK e r t y ------5172 Tomatoes grown in Texas____5157 BOARD Oranges; importation______5156 Notices Oranges and grapefruit grown in Rules and Regulations Authority delegation; Secretary of Texas; shipment limitation____ 5155 Maximum rate of return'payable Defense ______5201 Oranges grown in Arizona and on notice and certificate California; handling limita­ accounts: HEALTH, EDUCATION, AND tion: Federal Home Loan Bank Sys­ Navel oranges— :______5156 tem ------5151 WELFARE DEPARTMENT Valencia oranges______â__5156 Federal Savings and Loan In ­ See also Food and Drug Adminis­ surance Corporation______5151 tration; Public Health Service. CUSTOMS BUREAU Rules and Regulations Notices FEDERAL POWER COMMISSION Public contracts and property management; revision of chap­ from Japan; in­ Proposed Rule Making Azobisformamide ter ______5159 tention to revoke dumping find­ Budget-type abandonment appli­ ing ------5186 cations ______5182 (Continued on next page) 5149 5150 CONTENTS

INTERIOR DEPARTMENT Proposed Rule Making SECURITIES AND EXCHANGE See also Pish and Wildlife Service; Certain employee benefit plans COMMISSION Land Management Bureau* utilizing the Continental As­ surance Co______5176 Notices Proposed Rule Making Hearings, etc.: Board of Contract Appeals------5173 LAND MANAGEMENT BUREAU Connecticut Light and Power Notices Co------5201 INTERNATIONAL COMMERCE Crestline Uranium & Mining Co. 5202 Authority delegation; Chief, Di­ BUREAU Electrogen Industries, Inc_____ 5202 vision of Administration, Cali­ Indiana & Michigan Electric Co. 5202 Notices fornia State Office, et al..------5183 Ohio Edison Co______5203 Petroservice International California; proposed withdrawal Omega Equities Corp______5203 G.m.b.H.; extension of tempo­ and reservation of lands------5183 rary denial of export privileges. 5186 Nevada; public sale------5184 Oregon and Washington; classi­ SMALL BUSINESS INTERSTATE COMMERCE fication of public lands for ADMINISTRATION multiple-use management------5184 COMMISSION Notices Notices PUBLIC HEALTH SERVICE Authority delegation; Manager, Disaster Branch Office, Bay- Motor carrier, broker, water car­ Proposed Rule Making town, Tex______5183 rier, and freight forwarder ap­ Biological products; additional plications ______5203 standards; plasma (human) and TRANSPORTATION DEPARTMENT packed red blood cells (human) _ 5177 LABOR DEPARTMENT See Federal Aviation Administra­ See also Labor-Management and tion. Welfare-Pension Reports Office. Rules and Regulations TREASURY DEPARTMENT Contract appeals______5169 See also Customs Bureau. LABOR-MANAGEMENT AND Rules and Regulations WELFARE-PENSION REPORTS Claims collection; designation— 5159 OFFICE Notices Rules and Regulations Frozen haddock fillets from east­ Basic bonding requirements and ern Canadian provinces; de­ exemption; investment advisers, termination of sales at not less banks, and trust companies----- 5158 than fair value______5187 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected. 7 CFR 29 CFR 41 CFR 5158 3-1______5159 52 ______5151 464------2*.------5159 9 0 6 .______5155 465------5158 3-2------3-3______5159 907 ______5156 P roposed R tjles: 5159 908 ______5156 462______5159 944______«_____ 5156 5176 tí::::::::::::: 3-6______5159 953______5157 31 CFR 3-7______5159 965______— ------5157 5______5159 3_55______5159 29-60______5169 12 CFR 33 CFR 101-45______5172 5159 526 - ______— - 5151 208— ------42 CFR 569______5151 P roposed R u l e s : 5177 14 CFR 73______71______. . . 5157 43 CFR 73______5157 P roposed R u l e s : 5173 P roposed R u l e s : 4______... 71 (4 d o cu m en ts)______— 5180, 5181 47 CFR ______5172 18 CFR 21 P roposed R u l e s : 50 CFR 6172 157______5182 33 (2 documents) 5151 Rules and Regulations

become effective without delay, the 2. Section 569.5 is amended to read as Title 12— BANKS AND BANKING Board hereby finds that notice and follows: public procedure on said amendments § 569.5 Maximum rate of return payable Chapter V— Federal Home Loan Bank are contrary to the public interest under on notice accounts. Board the provisions of § 508.12 of the general regulations of the Federal Home Loan No insured institution shall pay a re­ SUBCHAPTER B— FEDERAL HOME LOAN BANK Bank Board or 5 U.S.C. 553 (b ), and pub­ turn on notice accounts at a rate in SYSTEM lication of said amendments for the excess of 5 percent per annum. [No. 22,634] period specified in § 508,14 of the general § 569.6 [Revoked] regulations of the Federal Home Loan 3. Section 569.6 is revoked. PART 526— LIMITATIONS ON RATE Bank Board and 5 U.S.C. 553(d) prior to OF RETURN the effective date of said amendments (Sec. 4, 80 Stat. 824, as amended; 12 U.S.C. Maximum Rate of Return Payable would in the opinion of the Board like­ 1425b) on Notice and Certificate Accounts wise be contrary to the public interest' Resolved further that, since affording for the same reason and the Board here­ notice and public procedure on the above M ar ch 6, 1969. by so finds, and the Board hereby pro­ amendments would delay the amend­ Resolved that the Federal Home Loan vides that said amendments shall become ments from becoming effective for a Bank Board, upon the basis of consider­ effective as hereinbefore set forth. period of time and since it is in the pub­ ation by it of the advisability of amend­ By the Federal Home Loan Bank lic interest for the additional authorities ing Part 526 of the regulations for the Board. granted in these amendments to become Federal Home Loan Bank System (12 effective without delay, the Board here­ CFR Part 526), relating to limitations on [ s e a l ] * Ja c k C arter, Secretary. by finds that notice and public pro­ rate of return, to provide a maximum cedure on said amendments are contrary rate of return payable on notice accounts [F.R. Doc. 69-3052; Filed, Mar. 12, 1969; to the public interest under the provi­ applicable uniformly to all member in­ 8:49 a.m.] sions of § 508.12 of the general regula­ stitutions and to remove a limitation on tions of the Federal Home Loan Bank the maximum rate of return payable on SUBCHAPTER D— FEDERAL SAVINGS AND LOAN Board or 5 U.S.C. 553(b), and publica­ certain certificate accounts issued during INSURANCE CORPORATION tion of said amendments for the period a distribution period in which a member [No. 22,635] specified in § 508.14 of the general regu­ institution issues both notice accounts lations of the Federal Home Loan Bank and such certificate accounts, and for PART 569— LIMITATIONS ON RATE Board and 5 U.S.C. 553(d) prior to the the purpose of effecting such amend­ OF RETURN eff ective date of said amendments would ments, hereby amends the regulations in the opinion of the Board likewise be for the Federal Home Loan Bank Sys­ Maximum Rate of Return Payable contrary to the public interest for the tem (12 CFR Part 526) as follows, effec­ on Notice and Certificate Accounts same reason and the Board hereby so tive April 1, 1969: M arch 6, 1969. finds, and the Board hereby provides that 1. Paragraph (b) of § 526.4 is amended Resolved that the Federal Home Loan said amendments shall become effective to read as follows: Bank Board, upon the basis of consider­ as hereinbefore set forth. § 526.4 Maximum rale of return payable ation by it of the advisability of amend­ By the Federal Home Loan Bank on certificate accounts. ing Part 569 of the Rules and Regula­ Board. * * * * * tions for Insurance of Accounts (12 CFR Part 569), relating to limitations on rate [ s e a l ] - J ac k C arter, (b) Institutions paying more than 4.75of return, to provide a maximum rate of Secretary. percent on regular accounts. During a return payable on notice accounts ap­ [F.R. Doc. 69-3053; Filed, Mar. 12, 1969; distribution period with respect to which plicable uniformly to all insured insti­ 8:49 a.m.] a member institution has an announced tutions and to remove a limitation on the rate of return in excess of 4.75 percent maximum rate of return payable on cer­ per annum on regular accounts, it may tain certificate accounts issued during a not pay a rate of return on certificate distribution period in which an insured Title 7— AGRICULTURE accounts in excess of 5 percent per an­ institution issues both notice accounts num, except as otherwise herein provided. and such certificate accounts, and for Chapter I— Consumer and Marketing ***** the purpose of effecting such amend­ Service (Standards, Inspections, 2. Section 526.5 is amended to read as ments, hereby amends the Rules and Marketing Practices), Department follows: Regulations for Insurance of Accounts of Agriculture (12 CFR Part 569) as follows, effective § 526.5 Maximum rate o f return payable April 1, 1969: PART 52— PROCESSED FRUITS AND on notice accounts. 1. Paragraph (b) of § 569.4 is amended VEGETABLES, PROCESSED PROD­ No member institution shall pay a re­ to read as follows: UCTS THEREOF, AND CERTAIN turn on notice accounts at a rate in § 569.4 Maximum rate of return payable OTHER PROCESSED FOOD PROD­ excess of 5 percent per annum. on certificate accounts. UCTS § 526.6 [Revoked] * * * * * Subpart— U.S. Standards for Grades of 3. Section 526.6 is revoked. (b) Institutions paying more than 4.75 percent on regular accounts. During Frozen Asparagus 1 80 Stat. 824, as amended; 12 U.S.C. 1425b) a distribution period with respect to On April 6, 1968, a notice of proposed which an insured institution has an an­ rule making was published in the F ed­ Resolved further that, since affording nounced rate of return in excess of 4.75 notice and public procedure on the above percent per annum on regular accounts, eral R egister (33 F.R. 5462) regarding amendments would delay the amend­ it may not pay a rate of return on cer­ ments from becoming effective for a tificate accounts in excess of 5 percent 1 Compliance with the provisions of these standards shall not excuse failure to comply of time and since it is in the per annum, except as otherwise herein with the provisions of the Federal Food, Public interest for the additional author­ provided. Drug, and Cosmetic Act or with applicable

ities granted in these amendments to * * ♦ * * State laws and regulations.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5152 RULES AND REGULATIONS a proposed revision of the U.S. Stand­ Grades, Factors of Qu a lity, and Grade (b) Defects. Any specifically defined ards for Grades of Frozen Asparagus (7 Compliance variation from a particular requirement. CFR 52.381 to 52.394). Interested parties 52.388 Grades. Defects are classified as to “minor,” were given until January 1,1969, to sub­ 52.389 Factors of quality and grade compli­ “major,” “severe,” and “critical.” mit views. ance. (c) Head. In “cut spears” or “cuts and Statement of consideration leading to Lot Compliance tips” style means: the revised standards. These-grade stand­ 52.390 Sample size. (1) A tip end which is three-eighths ards— issued under authority of the Ag­ 52.391 Lot acceptance for size. inch or more in length; or ricultural Marketing Act of 1946—pro­ 52.392 Lot acceptance for “percent head (2) An upper portion of a shoot which vide for the issuance of official U.S. material” in the style of cut- possesses a substantial amount of com­ grades to designate different levels of spears. pact head material. quality for the voluntary use of pro­ 52.393 Lot acceptance for quality. (d) Sample. The number of sample ducers, buyers, and consumers. Grading Score Sheet service is also provided under this Act units to be used for inspection of the lot. upon request and payment of a fee to 52.394 Score sheet for frozen asparagus. (e) Sample unit. The amount of cover the cost of the service. Au th o r ity: The provisions of this subpart product specified to be used for inspec­ Important and constructive views were issued under sec. 203, 60 Stat. 1087, as tion. It may be: amended; 7 U.S.C. 1622. submitted by the National Association of (1) The entire contents of a con­ Frozen Food Packers and an individual P ro duct D e s c r ip t io n , T y p e , an d S t y l e s tainer, or frozen foods firm which supported the Association’s position. In consideration § 52.381 Product description. (2) A portion of the contents of a of the views presented and information Frozen asparagus consists of sound container, available to tbe Department, the pro­ and succulent fresh shoots of the aspar­ (3) A combination of the contents of posed revision of the standards is hereby agus plant (asparagus officianalis). The two or more containers, or adopted to include these provisions which product is prepared by sorting, trim­ (4) A portion of unpackaged product. clarify; or amplify the intent of the ming, washing, and blanching as neces­ proposals: sary to assure a clean and wholesome Sample U nit Size (1) Limits for individual containers product. It is then frozen and stored at § 52.385 Sample unit size. with respect to percentage of heads per­ temperatures necessary for preservation. mitted in “Cut Spears” styles conforming Compliance with requirements for fac­ to the previous grade standards; § 52.382 Types. tors of quality is based on the following (2) An increase in sample unit size (a) “Green” or “all-green” consists of sample unit size for the respective style from 50 pieces to 100 pieces in all cut units of frozen asparagus which are of pack: typical green, light green, or purplish styles; (a) Spears; tips— 50 spears or 50 tips. (3) Continue a “ Green and White” green in color. type pack which is covered by the previ­ (b) “ Green-white” consists of frozen (b) Cut spears; cuts and tips; center ous grade standards; asparagus spears and tips which have cuts and cuts— 100 pieces. >« (4) Modify and clarify the defect clas­ typical green, light green, or purplish Sizes sifications under Color and Uniformity green color to some extent but which are white in the lower portions of the § 52.386 Size o f frozen asparagus. of Length. stalk. The size of frozen asparagus in spears Certain recommendations of the As­ or tips style is determined by measuring sociation have not been adopted for these § 52.383 Styles. the longest dimension at right angles to reasons : (a) “Spears” (or "stalks” ) style con­ the longitudinal axis of the unit at the (a) Increases in the AQL’s (Accept­ sists of units composed of the head and adjoining portion of the shoot that are largest dimension of the stalk. The word able Quality Levels) for Grade A would 3 inches or more in length. and number designations of the various substantially relax the criteria attainable (b) “Tips” style consists of units com­ sizes of frozen asparagus are shown in by processors and provide a lower qual­ posed of the head and adjoining portion Table I. ity for marketing beyond that expected of the shoot that are less than 3 inches Table I by consumers. in length. (b) An increase in the allowances for (c) “ Cut spears” or “ cuts and tips” SIZES OF FROZEN ASPARAGUS SPEARS AND TIPS style consists of the head and portions the first sample unit is not statistically of the shoot cut transversely into units 2 Word Number Diameter in inches designation designation sound and those limits which are pres­ inches or less but not less than one-half ently proposed already allow ample lee­ inch in length. To be considered of this Small__ 1 Less than % inch. way for the first sample unit. style, head material shall be present in Medium. 2 y% inch or larger but less (c) A procedure for separating non- these amounts for the respective lengths than % inch. 'Large (Jumbo)__ 3 % inch or larger but less acceptable portions'from otherwise ac­ of cuts: than Vs inch. (1) 1Y4 inches or less. Not less than 18 Extra Large 4 % inch or larger. ceptable lots is an inspection procedure percent (average) by count, of all cuts, (Colossal). Blend of sizes.. A blend of not more than three and not properly a part of the grade are head material. adjacent sizes which does not meet standards or lot compliance therewith. (2) Longer than l lU inches. Not less the acceptance criteria for a single size but meets the criteria for Blend The revised standards are as follows: than 25 percent (average) by count, of of sizes (Table II and III). , Fails to meet the requirements oi a Product Description, T ypes, and Styles all cuts are head material. Mixture of sizes. (d) “Center cuts” or “cuts” style con­ single size or blend of sizes. Sec. sists of portions of shoots (with or with­ 52.381 Product description. out head material) that are cut trans­ § 52.387 Size classification and compii- 52.382 Types. ance. 52.383 Styles. versely into units not less than one-half inch in length and that fail to meet the Frozen asparagus in “spears” and Definitions of T erms definition for “ cut spears” or “ cuts and “ tips” styles are considered as meeting 52.384 Definitions of terms. tips” style. the designated single size or blend of Sample Un it Size D e f in it io n s o f T er m s sizes, if they meet the criteria specified 52.385 Sample unit size. § 52.384 Definitions of terms. in Tables n and III. Defects are classified Sizes (a) Absolute limit (A L ). Limit for as to minor, major, and severe. Each “X 52.386 Size of frozen asparagus. maximum number of defects permitted mark in Table n represents “ one (D 52.387 Size classification and compliance. in a sample unit. defect.”

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 T ablen G rades, F actors o f Q u a l it y , and (c) “Substandard” is the quality of G rade C o m p lia n c e frozen asparagus that fails to meet the Classification requirements of U.S. Grade B. Size classification Defects § 52.388 Grades. Minor Major Severe (a) “U.S. Grade A” (or “U.S. Fancy” ) § 52.389 Factors o f quality and grade compliance. Single sizes: is the quality of frozen asparagus that Small..______Medium size______X is of similar varietal characteristics; (a) The grade of a lot of frozen as­ Large size...... X that has a good flavor and odor; that is Extra-Large size...... X paragus is based on compliance with Medium...... X free of grit, silt, or earthy material; requirements for the following quality Large...... X and that has an attractive appearance factors: Extra-Large size...... X Large...... and eating quality within the limits (1) Color (Table IV ); Medium size...... X specified in the various quality factors. (2) Uniformity of lengths (Table IV ) ; Extra-Large size...... X (b) “U.S. Grade B” (or “U.S. Extra Extra-Large...... X (3) Character (Table V) ; Medium size...... X Standard” ) is the quality of frozen Large size...... X asparagus that is of similar varietal (4) Damage (Table V) ; and Small/Medium Blend...... Large size...... X characteristics; that has a good flavor (5) Harmless extraneous vegetable Extra-Large size______X and odor; that is free of grit, silt, or material (Table V I ). Medium/Large Blend...... X Extra-Large size...... X earthy material; and that has a rea­ (b) Defects are classified as to minor, Large/Extra-Large Blend...... X sonably attractive appearance and eat­ major, severe, or critical. Each “X ” mark Medium size______X Small/Medium/Large Blend...... x ing quality within the limits specified for in Tables IV, V, and V I represents “one Medium/Large/Extra-Large Blend...... X ...... the various quality factors. (1) defect.” RULES AND REGULATIONS REGULATIONS AND RULES Table III T a b l e IV

CLASSIFICATION OF DEFECTS ) Single sizes Blends Tolerances for size compliance of sizes Color—Length Maximum defects permitted Classification In any sample unit (AL) « 9 5 16 9 Quality factors Defects Minor Major Severe Number Minor or Number of sample units of spears Major Severe Total1 total * or tips Color------_ Green or all-green spears or tips: White or yellowish-white color exceeding inch up to the length of the stalk...... X In the total White or yellowish-white color over y& the length of the In the total sample sample stalk...... x 1...... Green-white spears or tips ¡White or yellowish-white color 2...... exceeding the length of the stalk...... X 3...... 15 All types: 4...... u? Cut Spear; Cuts and Tips; “Cuts”; Center Cuts styles: 5...... White or yellowish-white; or partially of such color______X 6...... Uniformity of length— . Spears; Tips styles: Any unit which varies more than 1H 7 30 inches from the predominant length of the sample unit. X 8...... Cut Spears; Cut and Tips; Cuts; Center Cuts Style: 9...... 38 Any unit that varies more than H inch from the predom­ 10...... inant length of the sample unit...... X 11...... 46 Any unit that varies more than 1 inch from the predom­ 12...... inant length of the sample unit...... X 13...... 14...... 15...... ___ _ 750 60 16...... 64 17...... 67 18...... 900 71 19______• 75 20...... 78 21...... 82

1 In any sample unit, except the first one of 50 spears or tips. J“ Total”—the sum of “Severe”, “Major”, and “Minor” defects, as applicable. * In “Blends of Sizes”, “Minor” and “Total” defects are the same. 5153

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5154 5154 T able V T able VII

CLASSIFICATION OF DEFECTS , U.S: Grade A U.S. Grade B Character—Damage Grade compliance spears and tipi Maximum defects permitted Classification In any sample unit (A£>)1 0 5 9 14 2 9 14 25 Quality factors Defects —— — Minor Major Severe Number of Number of Critical Severe Major Total* Critical Severe Major Total* sample units spears or tips Character. Reasonably-well developed—in Grade A only (worse than plate 1 but not worse than Plate 2 or 3)1...... - X In the total sample In the total sample Poorly developed—in all grades (worse than Plate 2 or 3): 1...... 50 0 3 6 10 1 6 10 20 Seedy...... -...... - ...... X 2...... 100 0 5 11 18 2 11 18 37 Flowered...... — ...... X 3...... :... 150 0 7 15 25 2 15 25 53 Tough fiber development: 4...... 200 0 9 19 32 3 19 32 68 1 inch or less..------.------X 5...... 250 0 10 23 40 4 23 40 84 More than 1 inch but not more than 2 inches...... X 6...... 300 0 12 27 47 4 27 47 99 More than 2 inches or woody units of any length...... X 7___ 350 0 13 30 54 5 30 54 114 Damage. Shattered Heads—broken or shattered to the extent that it is 8...... 400 0 15 34 61 5 34 61 130 definitely noticeable...... X 9...... 450 0 17 38 68 6 38 68 145 Misshapen—badly crooked or affected in appearance by doubles 10 500 0 18 42 75- 6 42 75 16£ or malformations...... - X 11 550 0 20 46 82 7 46 82 175 Poorly Cut—angle of cut less than 45 degrees—cut *is ragged or 19! 600 0 21 49 88 7 49 88 190 partially cut...... -...... - X 13 650 0 23 53 95 8 53 95 204 Discoloration, mechanical injury, pathological or damaged by 14 700 0 24 57 102 8 57 102 219 other means to the extent that the appearance and eating 15 750 0 26 60 109 9 60 109 234 quality of a unit is affected: _ lfi 800 0 27 64 116 9 64 116 249 Slightly...______X 17 850 0 29 67 122 9 67 122 264 Materially______>______— X 18 900 0 30 71 129 10 71 129 278

Seriously______— ...... X 950 0 31 75 136 10 75 136 293 REGULATIONS AND RULES 1000 0 33 78 142 11 78 142 308 1050 0 34 82 149 11 82 149 822 1 For interpretative guides, see USDA illustrations of “Stages of Development in Frozen Asparagus,” filed with ...... the Office of the Federal Register as part of the original document. » In anv samDle unit, except the first one of 50 spears or tips; Table VI a “Total”—the sum of “Critical”, “Severe , “Major”, and “Minor" defects, as applicable! CLASSIFICATION OF DEFECTS T a b l e VIII Extraneous material Grade compliance bottom cuts, U.S. Grade A U.S; Grade B Classification cuts, and tins Maximum defects permitted Quality factors Defects ■ ...... — ~----- — Minor Major Severe Critical In any sample unit(AL)1 0 7 14 22 3 14 22 44 Major Total* Harmless extraneous Grass, weeds, leaves, stems, and dried stalks: Number of sample Number Critical Severe Major total* Critical Severe vegetable material. 1 inch or less...... X units of cuts More than 1 inch but not more than 2 inches______X In the total sample In the total sample More than 2 inches but not more than 3 inches------•--- X 37 More than 3 inches______X 1 ...... 100 0 5 11 18 2 11 18 9! 200 0 9 19 33 3 19 33 68 3 300 0 12 27 47 4 27 47 99 4 400 0 15 34 61 5 34 61 130 5 500 0 18 42 76 6 42 76 160 6 600 0 21 49 88 7 49 88 190 7 700 0 24 66 102 8 56 102 219 8 800 0 27 64 117 9 64 117 249 9 900 0 30 71 129 10 71 129 278 10 1000 0 33 78 142 11 78 142 308 11 1100 0 36 85 156- 12 85 156 337 12 1200 0 39 92 169 12 92 169 366 13 1300 0 42 99 182 13 99 182 396 14 1400 0 45 106 195 14 106 195 425 15 1500 0 47 113 209 15 113 209 454 lfi 1600 0 50 120 222 16 120 222 483 17 1700 0 53 127 235 17 127 235 512 18 1800 0 56 134 248 17 134 248 541 19 1900 0 59 141 261 18 141 261 570 20 2000 0 62 148 274 19 148 274 599 21...... 2100 0 64 155 287 20 155 287 628

1 In any sample unit, except the first one of 100 cuts; , * “Total”—the sum of “Critical”, “Severe”, “Major”, and “Minor” defects, as applicable;

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5155

L ot Compliance heads in all of the sample units compris­ U.S. Standards for Grades of Frozen As­ ing the sample: Provided, That: paragus (7 CFR Part 52) which has been § 52.390 Sample size. (a) When cut into units inches in effect since March 15,1968. (a) General. The sample size to deter­ or less in length no individual sample Dated: March 7,1969. mine compliance with requirements for unit may contain less than 12 percent, size, percent head material, and quality by count, of heads; and John E. T romer, factors shall be the sampling plans spec­ (b) When cut into units longer than Acting Deputy Administrator, ified in the “Regulations Governing 1^4 inches, no sample unit may contain Marketing Services. Inspection of Processed Fruits and Vege­ less than 15 percent, by count, of heads. [F.B. Doc. 69-2995; Filed, Mar. 12, 1969; tables and Related Products” (§§ 52.1- 8:45 am .] , 52.87). § 52.393 Lot acceptance for quality. (b) Acceptance numbers. The accept­ A lot of frozen asparagus is considered Chapter IX— Consumer and Market­ ance numbers for deviants specified in as meeting the quality requirements of the sampling plans cited in paragraph either U.S. Grade A or U.S. Grade B if: ing Service (Marketing Agreements (a) of this section do not apply to these (a) The product has a good flavor and and Orders; Fruits, Vegetables, standards. odor; and Nuts), Department of Agriculture § 52.391 Lot acceptance for size. (b) The product is free of grit, silt, or {Orange Reg. 19, Amdt. 3] A lot of frozen asparagus is considered any other particle of earthy material as meeting the requirements for a spec­ that affects the appearance or edibility; PART 906— ORANGES AND GRAPE­ ified size if the defects permitted and and FRUIT GROWN IN LOWER RIO tlie AL values for the applicable defect (c) The defects permitted and the AL GRANDE VALLEY IN TEXAS classifications, specified in Table n i, are values for the applicable defect classifi­ Limitation of Shipments not exceeded. cations, specified in Tables vn and vm, § 52.392 Lot acceptance for “ Percent are not exceeded. Findings. (1) Pursuant to the market­ Head Material” in the style of cut- ing agreement, as amended, and Order spears. S core Sheet No. 906, as amended (7 CFR Part 906), regulating the handling of oranges and The percent, by count, of heads is de­ § 52.394 Score sheet for frozen aspara­ grapefruit grown in the Lower Rio termined by averaging the percentage of gus. Grande Valley in Texas, effective under the applicable provisions of the Agricul­ DEFECT TALLY SHEET FOR FROZEN ASPARAGUS tural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon Number, size, kind of container______the basis of the recommendation of the Label statements...... l_____ Container mark or identifies- (Packages. Texas Valley Citrus Committee, estab­ cation. \Cases___ lished under the aforesaid marketing Net weight..______Style...... agreement and order, and upon other Sizes of spears; tips styles______available information, it is hereby found Head material (percent)______that the limitation of shipments of or­ anges, as hereinafter provided, will tend Defects ’ to effectuate the declared policy of the Quality factors act. Sample unit Sample unit (2) It is hereby further found that it is impracticable and contrary to the pub­ Minor Major Severe Critical Minor Major Severe Critical lic interest to give preliminary notice, engage in public rule-making procedure, Color______and postpone the effective date of this Uniformity of length...... amendment until 30 days after publica­ tion thereof in the Federal R egister (5 Damage...... U.S.C. 553) because the time intervening Harmless extraneous material between the date when information upon Character___ V which this amendment is based became available and the time when this amend­ Total defects—Each class. . ment must become effective in order to effectuate the declared policy of the act Total defects—All classes: Minor, Major, is insufficient; and this amendment re­ Severe, Critical. lieves restrictions on the handling of Valencia and similar late type oranges in Size—Diameters. that it permits the shipment of such Total defects—Each class oranges at a smaller size than currently provided. The amendment changes the Total defects—All classes: Minor, Major, minimum size requirement for Valencia severe. - : • and similar late type oranges from 2%6 inches in diameter to 2%e inches in Flavor and odor Good...... diameter. Objectionable...... Order. The provisions of § 906.342(a) Free...... (3) (Orange Reg. 19; 33 F.R. 14067,14282, Grit, silt, earthy 17894) are amended to read as follows: material. Present/degree___ § 906.342 Orange Regulation 19. (a) Order. * * * Grade__ (3) During the period March 10, 1969, through September 14, 1969, no handler The U.S. Standards for Grades of become effective 30 days after the date shall handle any Valencia and similar i -e n Asparagus (which is the fourth of publication hereof in the F ederal R eg- late type variety oranges grown In the ssue) contained in this subpart shall ister and there upon will supersede the production area, unless such oranges

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 No. 49------2 5156 RULES AND REGULATIONS grade at least U.S. No. 2; and are of a size after such meeting was held; the pro­ hereof in the F ederal R egister (5 U.S.C. not smaller than 2%6 inches in diameter, visions of this section, including its ef­ 553) because the time intervening be­ except that not more than 10 percent, by fective time, are identical with the afore­ tween the date when information upon count, of such oranges in any lot of con­ said recommendation of the committee, which this section is based became avail­ tainers, and not more than 15 percent, and information concerning such provi­ able and the time when this section must by count, of such oranges in any individ­ sions and effective time has been dis­ become effective in order to effectuate the ual container in such lot may be of a seminated among handlers of such Navel declared policy of the act is insufficient, size smaller than 2%q inches in diameter. oranges; it is necessary, in order to ef­ and a reasonable time is permitted, under * * * * * fectuate the declared policy of the act, the circumstances, for preparation for (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. to make this section effective during the such effective time; and good cause exists 601-674) period herein specified; and compliance for making the provisions hereof effective Dated, March 7, 1969, to become effec­ with this section will not require any as hereinafter set forth; The committee tive March 10, 1969. special preparation on the part of per­ held an open meeting during the current sons sub j ect hereto which cannot be com­ week, after giving due notice thereof, to P a u l A . N ic h o l s o n , pleted on or before the effective date consider supply and market conditions Deputy Director, Fruit and Veg­ hereof. Such committee meeting was held for Valencia oranges and the need for etable Division, Consumer and on March 11, 1969. regulation; interested persons were af­ Marketing Service. (b) Order. (1) The respective quanti­forded an opportunity to submit infor­ [F.R. Doc, 69-3045; Filed, Mar. 12, 1969; ties of Navel oranges grown in Arizona mation and views at. this meeting; the 8:48 am .] and designated part of California which recommendation and supporting infor­ may be handled during the period March mation for regulation during the period 14, 1969, through March 20, 1969, are [Navel Orange Reg. 173] specified herein were promptly submitted hereby fixed as follows: to the Department after such meeting PART 907— NAVEL ORANGES (1) District 1: 900,000 cartons; was held; the provisions of this section, (ii) District 2: 300,000 cartons; including its efffective time, are identical GROWN IN ARIZONA AND DESIG­ (iii) District 3: Unlimited movement. NATED PART OF CALIFORNIA with the aforesaid recommendation of (2) As used in this section, “handled,” the committee, and information concern­ Limitation of Handling “District 1,” “District 2,” “District 3,” and ing such provisions and effective time has “carton” have the same meaning as when been disseminated among handlers of § 907.473 Navel Orange Regulation 173. used in said amended marketing agree­ such Valencia oranges; it is necessary, in (a) Findings. (1) Pursuant to thement and order. order to effectuate the declared policy of marketing agreement, as amended, and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the act, to make this section effective Order No. 907, as amended (7 CFR Part 601-674) during the period herein specified; and 907, 33 F.R. 15471), regulating the han­ Dated: March 12, 1969. compliance with this section will not re­ dling of Navel oranges grown in Arizona quire any special preparation on the part and designated part of California, effec­ P a u l A. N ic h o l s o n , of persons subject hereto which cannot tive under the applicable provisions of Deputy Director, Fruit and be completed on or before the effective the Agricultural Marketing. Agreement Vegetable Division, Consumer date hereof. Such committee meeting was Act of 1937, as amended (7 U.S.C. 601- and Marketing Service. held on March 11,1969. 674), and upon the basis of the recom­ [F.R. Doc. 69-3149; Filed, Mar. 12, 1969; (b) Order. (1) The respective quanti­ mendations and information submitted 11:23 a.m.] ties of Valencia oranges grown in Arizona by the Navel Orange Administrative and designated part of California which Committee, established under the said [Valencia Orange Reg. 265] may be handled during the period amended marketing agreement and or­ March 14, 1969, through March 20, 1969, der, and upon other available informa­ PART 908— V A LEN CIA ORANGES are hereby fixed as follows: tion, it is hereby found that the limita­ GROWN IN ARIZONA AND DESIG­ (1) District i : Unlimited movement; tion of handling of such Navel oranges, NATED PART OF CALIFORNIA (ii) District 2; Unlimited movement; as hereinafter provided, will tend to (iii) District 3: 274,280 cartons. effectuate the declared policy of the act. Limitation of Handling (2) As used in this section, “handled,” (2) It is hereby further found that it is “handler,” “District 1,” “District 2,” impracticable and contrary to the public § 908.565 Valencia Orange Regulation 265. “District 3,” and “carton” have the same interest to give preliminary notice, en­ meaning as when used in said amended gage in public rule-making procedure, (a) Findings. (1) Pursuant to themarketing agreement and order. and postpone the effective date of this marketing agreement, as amended, and section until 30 days after publication Order No. 908, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) hereof in the F ederal R eg ist e r (5 U.S.C. 908, 33 F.R. 19829), regulating the han­ 553) because the time intervening be­ dling of Valencia oranges grown in Ari­ Dated: March 12, 1969. tween the date when information upon zona and designated part of California, P a u l A. N ic h o l s o n , which this section is based became avail­ effective under the applicable provisions Deputy Director, Fruit and able and the time when this section must of the Agricultural Marketing Agree­ Vegetable Division, Consumer become effective in order to effectuate ment Act of 1937, as amended (7 U.S.C. and Marketing Service. the declared policy of the act is insuf­ 601-674), and upon the basis of the rec­ ficient, and a reasonable time is per­ ommendations and information sub­ [F.R. Doc. 69-3148; Filed, Mar. 12, 1969; mitted, under the circumstances, for mitted by the Valencia Orange Adminis­ 11:23 ajn .] preparation for such effective time; and trative Committee, established under the good cause exists for making the pro­ said amended marketing agreement and [Orange Reg. 8, Arndt. 4] visions hereof effective as hereinafter set order, and upon other available infor­ forth. The committee held an open meet­ mation, it is hereby found that the limi­ PART 944— FRUIT; IMPORT ing during the current week, after giving tation of handling of such Valencia REGULATIONS due notice thereof, to consider supply oranges, as hereinafter provided, will and market conditions for Navel oranges tend to effectuate the declared policy of Oranges and the need for regulation; interested the act. Pursuant to the provisions of section persons were afforded an opportunity to (2) It is hereby further found that it 8e of the Agricultural Marketing Agree­ submit information and views at this is impracticable and contrary to the pub­ ment Act of 1937, as amended (7 U.S.C. meeting; the recommendation and sup­ lic interest to give preliminary notice, 601-674), the provisions of paragraph porting information for regulation dur­ engage in public rule-making procedure, (a) (3) of § 944.307 (Orange Reg. 8; 32 ing the period specified herein were and postpone the effective date of this F.R. 12993, 14311; 33 F.R. 14171, 18088) promptly submitted to the Department section until 30 days after publication are hereby amended to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 / RULES AND REGULATIONS 5157

§ 944.307 Orange Regulation 8. After consideration of all relevant The notice afforded interested persons matter presented, including the propos­ an opportunity to submit written data, (a) * * * (3) Beginning March 10, 1969, als set forth in the aforesaid notice which views, or arguments pertaining thereto not later than seven days following pub­ through September 14, 1969, Valencia were recommended on January 21 by the lication in the F ederal R e g ist e r . None and similar late type oranges shall grade Southeastern Potato Committee, estab­ was filed. at least U.S. No. 2 and be of a size not lished pursuant to said amended mar­ smaller than 2%$ inches in diameter, ex­ keting agreement and order, it is hereby After consideration of all relevant mat­ cept that not more than 10 percent, by found and determined th a t:. ters presented, including the proposals count, of such oranges in any lot of con­ § 953.206 Expenses and rate o f assess­ set forth in the aforesaid notice, which tainers, and not more than 15 percent, ment. proposals were unanimously recom­ by count, of such oranges in individual mended by the Texas Valley Tomato (a) The expenses the Secretary finds Committee, established pursuant to said containers in such lot, may be of a size may be necessary to be incurred by the smaller thari2%e inches in diameter. marketing order, it is hereby found and Southeastern Potato Committee, estab­ determined that: * * * * * lished pursuant to Marketing Agreement It is hereby found that it is impracti­ No. 104, as amended and this part, to § 965.210 Expenses and rate of assess­ cable, unnecessary, and contrary to the enable such committee to carry out its ment. public interest to give preliminary notice, functions pursuant to provisions of the (a) The reasonable expenses that are engage in public rule-making procedure, aforesaid amended marketing agree­ likely to be incurred by the Texas Valley and postpone the effective time of this ment and order, during the fiscal period Tomato Committee, established pursuant regulation beyond that hereinafter spec­ ending October 31, 1969, will amount to to Marketing Order No. 965, for its main­ ified (5 U.S.C. 553) in that (a) the re­ $11,125. tenance and functioning, and for such quirements of this import regulation are (b) The rate of assessment to be paid other purposes as the Secretary deter­ imposed pursuant to section 8e of the by each handler in accordance with the mines to be appropriate, during the fiscal Agricultural Marketing Agreement Act of amended Marketing Agreement and this period ending July 31, 1969, will amount 1937, as amended (7 U.S.C. 601-674), part shall be one-fourth of one cent to $400. which makes such regulation manda­ ($0.0025) per hundredweight of potatoes (b) There shall be no assessments tory; (b) the grade and size requirements handled by him as the first handler charged during said fiscal period. of this import regulation are the same thereof during the said fiscal period. (c) The terms used in this section as those to be in effect beginning March (c) Terms used in this section shall shall have the same meaning as when 10, 1969, on domestic shipments of Val­ have the same meaning as when used in used in Marketing Order No. 965 (7 CFR encia and similar late type oranges under the said amended marketing agreement Part 965). Orange Regulation 19, Amendment 3 and this part. It is hereby found that good cause (§ 906.342) ; (c) compliance with this It is hereby found that good cause exists for not postponing the effective import regulation will not require any exists for not postponing the effective time of this section until 30 days after special preparation which cannot be date of this section until 30 days after publication in the F ederal R eg ister completed by the effective time hereof; publication in the F ederal R eg ister (5 (5 U.S.C. 553) in that tomatoes have not (d) this amendment relieves restrictions U.S.C. 553) in that: (1) The relevant been regulated and no assessments are on the importation of Valencia and provisions pf said amended marketing being levied. similar late type oranges. agreement and this part require that the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. rate of assessment fixed for a particular 601-674) 601-674) fiscal period shall be applicable to all Dated: March 7, 1969. Dated, March 7, 1969, to become effec­ assessable potatoes from the beginning tive March 10,1969. of such fiscal period, and (2) the current P a u l A . N ic h o l s o n , fiscal period began on November 1, 1968, Deputy Director, Fruit and P a u l A . N ic h o l s o n , and the rate of assessment herein fixed Vegetable Division, Consumer Deputy Director, Fruit and will automatically apply to all assessable and Marketing Service. ' Vegetable Division, Consumer potatoes beginning with such date. and Marketing Service. [F.R. Doc. 69-3047; Filed, Mar. 12, 1969; (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 8:49 a.m.] [F.R. Doc. 69-3044; Filed, Mar. 12, 1969; 601-674) 8:48 a.m.] Dated: March 7, 1969. P a u l A . N ic h o l s o n , Title 14— AERONAUTICS AND PART 953— IRISH POTATOES GROWN Deputy Director, Fruit and Veg­ IN SOUTHEASTERN STATES etable Division, Consumer and SPACE Expenses and Rate of Assessment Marketing Service. [F.R. Doc. 69-3046; Filed, Mar. 12, 1969; Chapter I— Federal Aviation Adminis­ Notice of rule making regarding the 8:49 a.m.] tration, Department of Transporta­ Proposed expenses and rate of assess­ tion ment, to be effective under Marketing Agreement No. 104 and Order No. 953, PART 965— TOMATOES GROWN IN [Airspace Docket No. 68-WE-25] both as amended (7 CFR Part 953; 33 LOWER RIO GRANDE VALLEY IN PART 71— DESIGNATION OF FEDERAL F.R. 8502, 8506), regulating the handling TEXAS of Irish potatoes grown in the South­ AIRWAYS, CONTROLLED AIRSPACE, eastern States production area which is Expenses and Rate of Assessment AND REPORTING POINTS comprised of certain designated counties PART 73— SPECIAL USE AIRSPACE of Virginia and North Carolina, was pub- Notice of rule making regarding pro­ posed expenses and rate of assessment, to fished in the F ederal R egister February Designation of Restricted Area and 4, 1969 (34 F.R. 1656). This regulatory be effective under Marketing Order No. 965 (7 CFR Part 965) regulating the han­ Alteration of Continental Control program is effective under the Agricul­ Area tural Marketing Agreement Act of 1937, dling of tomatoes grown in the counties as amended (7 U.S.C. 601 et seq.). The of Cameron, Hidalgo, Starr and Willacy On June 5, 1968, a notice of proposed in Texas (Lower Rio Grande Valley) was notice afforded interested persons an rule making was published in the F e d ­ opportunity to file written data, views, published in the F ederal R egister Feb­ ruary 12, 1969 (34 F.R. 2051). This reg­ eral R eg ister (33 F.R. 8349) stating that or arguments pertaining thereto not later ulatory program is effective under the the Federal Aviation Administration was than 15 days following publication in Agricultural Marketing Agreement Act of considering amendments to Parts 71 and the F ederal R eg ister . None was filed. 1937, as amended (7 U.S.C. 601 et seq.). 73 of the Federal Aviation Regulations

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5158 RULES AND REGULATIONS which would designate a joint use re­ R-2534A.- Po int Arguello, Calif. (d) Other persons covered. For pur­ stricted area near Point Arguello, Calif., Boundaries: Beginning at lat. 34°38'35w poses of the bonding provisions, the and include it in the continental control N., long. 120*31'20" W.; to lat. 34*35'45" N„ terms “ administrator, officer, or em­ area. long. 120*28'10" W.; to lat. 34°36'20" N„ ployee” shall include any persons per­ Interested persons were afforded an long. 120°27'20'' W.; to lat. 34°30'00" N., long. forming functions for the plan normally opportunity to participate in the pro­ 120°15'30" W.; to lat. 34°25'10'' N., long. performed by administrators, officers, or posed rule making through the submis­ 120°15'30" W.; thence 3 miles from and employees of a plan. As such, the terms paraUel to the shoreline to lat. 34°24'40" N., sion of comments. Two written com­ long. 120°19'10'' W.; to point of beginning. shall include persons indirectly em­ ments were received during the notice Designated altitudes: 500 feet above the ployed, or otherwise delegated, to per­ period. surface to unlimited. form such work for the plan, such as The Air Transport Association ob­ Time of designation : Continuous. pension consultants and planners, and jected to the proposed restricted area Controlling agency: FAA, ARTCC, Los attorneys who perform “handling” func­ on the basis that it would Infringe on Angeles, Calif. tions within the meaning of section 464.7. airspace required for airline operations. Using agency: Commander, Air Force On the other hand, the terms would not Although this restricted area would over- Wèstern Test Range, Vandenberg AFB, Calif. include those brokers or independent lie a portion of Control Area 1176, the R-2534B Po int Abgttello, Calif. contractors who have contracted for the actual encroachment is very small. The Boundaries: Beginning at lat. 34°38'35'' performance of functions which are not overlapping airspace is seldom used for N„ long. 120°31'20" W.; to lat. 34°24'40" N., ordinarily carried out by the administra­ air traffic control purposes. Furthermore, long. 120° 19' 10" W.; thence 3 miles from tors, officers, or employees of a plan, such it is anticipated that the restricted area and parallel to the shoreline to lat. 34°23'40" as securities brokers who purchase and will be used only four to six times per N„ long. 120*26'55" W.; to lat. 34°35'00" N., sell securities or armored motor vehicle month for a period of 1 to 2 hours for long. 120°31'40" W.; to point of beginning. companies. Designated altitudes: 500 feet above the each time of activation. Therefore, the surface to unlimited. (e) [Deleted! adverse effect of this action on air traf­ Time of designation: Continuous. 2. Sectioii 465.19 is amended to read fic should be minimal. Controlling agency: FAA, ARTCC, Los as follows: Mr. Preston B. Hotchkis, President of Angeles, Calif. the Bixby Ranch Co. which owns land Using agency: Commander, Air Force § 465.19 Exemption. near Point Conception, strongly objected Western Test Range, Vandenberg AFB, Calif. An exemption from the bonding re­ to the proposed restricted area on the (Sec. 307(a), Federal Aviation Act of 1958 quirements of subsections 13 (a) and premise that the airspace restrictions (49 U.S.C. 1348); sec. 6(c) Department of (b) of the Welfare and Pension Plans would deprive the Bixby Ranch of the Transportation Act (49 U.S.C. 1655(c))) Disclosure Act is granted whereby bank­ use of its property and that the develop­ Issued in Washington, D.C., on ing institutions and trust companies ment and economy of Santa Barbara March 5,1969. specified in § 465.20 are not required to County would be seriously inhibited. In comply with subsections 13 (a) and (b) his letter of objection, Mr. Hotchkis pro­ W il l ia m M . F l e n e r , of the Act, with respect to welfare and posed a meeting of all interested parties Director, Air Traffic Service. pension benefit plans covered by the Act. to consider the needs and interests of all (F.R. Doc. 69-3039; Filed, Mar. 12, 1969; 3. NeW §§ 465.23 and 465.24 are added parties concerned. On October 11, 1968, 8:48 am .] preceded by a new undesignated center- the requested meeting was held with head, which read as follows: representatives of Bixby Ranch Co.; MACCO Corp., who joined Bixby Ranch I n s u r a n c e C arriers,. S ervice and O ther in opposing the proposal; and the Air Title 29— LABOR S im il a r O rganizations Force Western Test Range. The objec­ § 465.23 Exemption. tors expressed their continued concern Chapter IV— Office of Labor-Man­ An exemption from the bonding re­ for the possible deleterious effect the agement and Welfare-Pension Re­ quirements of subsections 13 (a) and (b) restricted area would have on the value ports, Department of Labor of their property underlying the re­ of the Welfare and Pension Plans Dis­ stricted airspace. A subsequent letter PART 464— BASIC BONDING closure Act is granted whereby any in­ from Gibson, Dunn, and Crutcher, attor­ REQUIREMENTS surance carrier or service or other simi­ neys for Bixby Ranch Co., outlined in lar organization specified in § 465.24 is detail their client’s view and concern PART 465— EXEMPTION FROM not required to comply with subsections with respect to land use restrictions and BONDING REQUIREMENTS the restricted area requirements. 13 (a) and (b l of the Act with respect Investment Advisers, Banks and In further study and discussion of the to any welfare or pension benefit plan proposal, the proponent assured the FAA Trust Companies covered by the Act which is established that if early destruct action is necessary, On January 23, 1969, there was pub­ or maintained for the benefit of persons hard missile particles would be contained lished in the F ederal R e g ister (34 FJEt. other than the employees of such in­ within the confines of R-2516 and 1051) a notice of proposed amendments surance carrier or service or other simi­ R-2517. In view of this new information, lar organization. there was no apparent need for restricted to 29 CFR Parts 464 and 465. Interested airspace to the surface. Consequently, persons were invited to submit comments § 465.24 Conditions o f exemption. the proponent agreed that they did not with respect to the proposed amendments This exemption applies only to those have a requirement for restricted air­ within 15 days of the date of publication. insurance carriers, service or other simi­ space below 500 feet above ground level. The comments received have been re­ lar organizations providing or under­ The purpose of this restricted area, as viewed, and have been considered. There­ writing welfare or pension plan benefits redefined by the proponent, is to provide fore, in accordance with section 13(e), in accordance with State law. a noise-free radiofrequency (R F) en­ vironment for launch facilities and in­ Welfare and Pension Plans Disclosure These changes shall be effective im­ strumentation sites. Act, 29 U.S.C. 308d(e), 29 CFR 465.8 and mediately upon publication in the Fed­ eral R eg ister . In consideration of the foregoing, Part in accordance with Secretary’s Order No. 73 of the Federal Aviation Regulations is 16-68 (33 F.R. 15574) 29 CFR Parts 464 (Sec. 13, 76 Stat. 39; 29 U.S.C. 208d) amended, effective 0901 G.m.t., May 1, and 465 are hereby amended in the fol­ Signed in Washington, this 5th day 1969, as hereinafter set forth. lowing manner: of March 1969. 1. In § 71.151 (34 F.R. 4546) the con­ 1. Paragraph (d) of § 464.4 is amended tinental control area is amended by add­ W. J. U s e r y , Jr., ing “R-2534A Point Arguello, Calif.,” and paragraph (e) is deleted as follows: Assistant Secretary of Labor for Labor-Management Relations. and “R-2534B Point Arguello, Calif.” § 464.4 Plan administrators, officers, and 2. In § 73.25 (34 FJR. 4814) the follow­ employees for purposes o f section 13, [F.R. Doc. 69-3030; Filed, Mar. 12, I969’ ing is added: ***** 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5159

gress approved December 22, 1944 (58 Project Manager shall report at once to Title 31— MONEY AND Stat. 890, 891; 33 UJ3.C. 709), the fol­ the District Engineer by telephone, tele­ lowing regulations are hereby prescribed graph, or radio, and as requested there­ to govern the use of storage capacity for after until the reservoir level falls to FINANCE: TREASURY flood-control purposes in Hugh Butler elevation 2581.8 or below and flood dis­ Subtitle A— Office of the Secretary Lake on Red Willow Creek, Frontier charges cease. of the Treasury County, Nebr., and the operation of ( f ) Proposed schedule of irrigation re­ Red Willow Dam for flood-control pur­ leases and storage changes, if available, PART 5— CLAIMS COLLECTION poses. and current operating data shall be pro­ Designation vided to the District Engineer by the § 208.43 Red Willow Dam and Hugh Project Manager. These data shall be The Treasury Department has deter­ Ruder Lake, Red Willow Creek, tabulated daily and furnished periodi­ Frontier County, Nebr.. mined that it is desirable to allow the cally as required and shall include such termination of collection efforts on The Bureau of Reclamation, Depart­ items as reservoir elevation, reservoir claims on which the amounts outstand­ ment of the Interior, represented by its storage, inflow, discharges, and pertinent ing is $50 or less without prior referral appropriate Project Manager, herein­ available hydrologic data. to the General Counsel or Chief Counsel after referred to as the Project Manager, (g) Releases made in accordance with or the designee of either. The Treasury shall operate Red Willow Dam and Hugh the regulations of this section are sub­ Department also finds in accord with 5 Butler Lake in the interest of flood con­ ject to the condition that releases shall UJS.C. 553, that notice and public pro­ trol as follows: not be made at rates or in a manner that cedure thereon are not necessary since (a) The flood-control storage capacity would be inconsistent with the require­ the regulation to be amended involves of the reservoir, which initially amounts ments for protecting the dam and reser­ rules of agency practice and procedure. to 48,850 acre-feet between elevations voir from major damage or inconsistent Accordingly, pursuant to the author­ 2581.8 and 2604.9, shall be regulated as with safe routing of the inflow design ity given me by Treasury Department follows: flood. Order No. 190, Revision 5 (33 F.R. 5811) (1) For local flood control on Red (h) All elevations stated in this sec­ § 5.3 of Title 31 of the Code of Federal Willow Creek and Republican River from Regulations is amended to read as the dam to Harlan County Reservoir tion are at the Dam and Reservoir and follows: with the objective, insofar as practicable, are referred to the datum in use at that location. § 5.3 Designation. of limiting total streamflow in Red W il­ low Creek to 1,600 c.f.s. and total [Regs., Peb. 12, 1969, E N G C W -E Y ] (Secs. 7 The heads of bureaus and offices and streamflow in Republican River to 5,500 and 9, 58 Stat. 890, 891; 33 U.S.C. 709) their delegates are designated as des­ c.f.s., whichever controls. ignees of the Secretary of the Treasury (2) In coordination with the regula­ For the Adjutant General. authorized to perform all the duties for tion of other flood-control reservoirs H arold S h a r o n , which the Secretary is responsible under and projects in the Republican, Kansas, Chief, Legislative and Precedent the foregoing Act and Joint Regula­ and Missouri River basins; releases from Branch, Office of the Comp­ tions: Provided, however, That no com­ and flood-control operation of the reser­ troller, TAGO. promise of a claim shall be effected or voir will be adjusted as required for collection action terminated, except [P.R. Doc. 69-3005; Piled, Mar. 12, 1969; optimum effectiveness for existing and 8:45 a.m.] upon the recommendation of the Gen­ potential flood conditions during all eral Counsel, the Chief Counsel of the flood periods. bureau or office concerned, or the des­ (b) During flood periods and whenever ignee of either. Notwithstanding the the reservoir water surface is in the Title 41— PUBLIC CONTRACTS foregoing proviso, no such recommenda­ flood-control storage zone, releases shall tion shall be required with respect to be made in accordance with instructions the termination of collection activity on issued to the Project Manager by the AND PROPERTY MANAGEMENT any claim in which the unpaid amount District Engineer, Corps of Engineers, of the debt is $50 or less. Chapter 3— Department of Health, Department of the Army, in charge of Education, and Welfare (Sec. 3, 80 Stat. 309; 31 TT.S.C. 951-953, 4 locality, hereinafter referred to as the OFR Chap. II) District Engineer. Such instructions REVISION OF CHAPTER Effective date. This amendment shall shall be for achievement of the neces­ sary local flood control below the dam Chapter 3 of Title 41 of the Code of be effective upon publication in the F ed ­ Federal Regulations is revised to read as eral R egister. and coordination of flood-control regu­ lation of the reservoir with flood follows: Dated: March 7,1969. conditions and flood-control regulation Part 3-1 General. [ seal] R o y T . E n g l e r t , of other reservoirs and flood-control 3-2 Procurement by formal advertising. Acting General Counsel. projects in the Republican, Kansas, and Missouri River basins. Oral in­ 3-3 Procurement by negotiation. [F.R. Doc. 69-3060; Piled, Mar. 12, 1969; structions from the District Engineer to 3-4 Special types and methods of procure­ 8:50 a.m.] ment. the Project Manager shall be confirmed 3-5 Special and directed sources of supply. in writing under date of the day issued. 3-6 Foreign purchases. j (c) The discharge characteristics of 3—7 Contract clauses. the outlet works (capable of discharg­ 3-55 Services contracts. Title 33— NAVIGATION AND ing 1,150 c.f.s. with reservoir level at ele­ vation 2604.9) shall be maintained in PART 3-1— GENERAL NAVIGABLE WATERS Sec. accordance with the construction plans 3-1.000 Scope of part. Chapter II— Corps of Engineers, (Bureau of Reclamation Specifications Sub pari 3—1.1— Introduction Department of the Army No. DC-5302 as modified by the as-built 3-1.101 Scope of subpart. PART 208— FLOOD CONTROL Drawing 328-D-2063, dated February 9, 3-1.102 Purpose and authority. REGULATIONS 1960, revised July 14, 1960, and July 25, 3—1.103 Relationship to the FPR. 1963). 3-1.104 Applicability. Red Willow Dam and Hugh Butler 3—1.105 Method of Issuance. (d) Flood-control operations shall not 3-1.106 Exclusions. Lake, Red Willow Creek, Frontier restrict releases necessary for irrigation. 3-1.107 Arrangement. County, Nebr. (e) Whenever the reservoir level 3-1.107-1 General plan. 3-1.107-2 Numbering. Pursuant to the applicable provisions reaches or exceeds elevation 2581.8 or 3-1.107-3 Citation. of sections 7 and 9 of the Act of Con- flood discharges appear imminent, the 3-1.108 Deviation.

FEDERAL REGISTER, V O L 34, NO. 49— THURSDAY, MARCH 13, 1969 5160 RULES AND REGULATIONS

Subpart .3—1.3— General Policies Subpart 3—1.1 — Introduction § 3—1.106 Exclusions. Sec. 3-1.313 Records of contract actions. § 3—1.101 Scope of subpart. Detailed instructions for internal HEW 3—1.313—50 General. guidance will not be published in the This subpart establishes the HEW F ederal R e g ist e r . 3-1.318 Contracting Officer’s decisions Procurement Regulations (herein iden­ under a disputes clause. § 3—1.107 Arrangement. 3-1.318-50 Decision preparation, processing, tified as H E W PR ), explains their pur­ and modification or with­ pose, authority under which they are § 3—1.107—1 • General plan. issued, their relationship to the FPR Sys­ drawal. The HEWPR conform with the FPR 3-1.318-51 Disputes appeals. tem, applicability, method of issuance, exclusions, and arrangement. It, also, with respect to divisional arrangement Subpart 3—1.4— Procurement Responsibility and into parts, subparts, sections, subsections, Authority outlines procedures for implementing, supplementing, and deviating from the and further subdivisions as necessary. 3-1.400 Scope of subpart. FPR and the HEWPR. § 3—1.107—2 Numbering. 3-1.401 Responsibility of the head of the procuring activity. § 3—1.102 Purpose and authority. (a) Material in the HEWPR which 3-1.402 Authority of contracting officers. implements or deviates from related ma­ 3-1.403 Requirements to be met before HEWPR are issued to establish HEW uniform policies and procedures which terial in the FPR is captioned and num­ entering into contracts. bered to correspond with such material 3-1.451 Unauthorized procurement ac­ complement the FPR. They are pre­ tions. scribed by the Assistant Secretary for in the FPR, except that while the first 3-1.451-1 General. Administration under authority of digit of the FPR number is 1, the first 3-1.451-2 Policy. 5 U.S.C. 301 and 40 U.S.C. 486(c), dele­ digit of the HEWPR number is 3. Mate­ 3-1.452 Responsibility of other Govern­ gated by the Secretary. rial in the HEWPR which supplements ment personnel. the FPR will be assigned numbers 50 3-1.452-1 General. § 3—1.103 Relationship to the FPR. through 89 at the parts, subparts, sec­ 3-1.452-4 Postaward contract administra­ tions, or subsections for which there is tion. (a) HEWPR implement, supplement, and may deviate from, in some instances, no counterpart material in the FPR. Subpart 3—1.6— Debarred, Suspended, and the FPR. Implementing material is that Where material in the FPR requires no Ineligible Bidders which expands upon or indicates the implementation or deviation, there is no 3-1.600 Scope of subpart. manner of compliance with related FPR corresponding number in the HEWPR. 3-1.602 Establishment and maintenance material. Supplementing material is that Thus, there are gaps in the HEWPR se­ of a list of concerns or individ­ for which there is no counterpart in the quence of numbers where the FPR, as uals debarred, suspended, or FPR. Deviating material is defined in written, are applicable to HEW procure­ declared ineligible. § 1-1.009 of the FPR. ment. 3-1.602-1 Bases for entry on the debarred, suspended, and ineligible list. (b) Material published in the FPR (b) Material issued by operating agen­ 3-1.603 Treatment to be accorded firms which has Government-wide applicabil­ cies and staff offices of HEW to imple­ or individuals in debarred, ity, becomes effective throughout HEW ment and supplement the HEWPR will suspended, or ineligible status. upon the effective date cited in the par­ be identified by prefixes to the digit 3 3-1.604 Causes and conditions applicable ticular FPR material. Such material gen­ part, subpart, section, and subsection. to determination of debarment erally will not be repeated, paraphrased, The following are the assigned prefixes: by an executive agency. or otherwise stated in HEWPR except to Organization Prefix 3-1.604-1 Procedural requirements relat­ the extent necessary to implement or de­ ing to the imposition of de­ HEW ...... ______(None.) barment. viate from the FPR. Office of the Secretary___ OS. 3-1.605 Suspension of bidders. (c) Procurement policies and proce­ Office of Field Coordina­ 3-1.605-1 Causes and conditions under dures' which are necessary to implement, tion ______OFC. which executive agencies may supplement, or deviate from the FPR will Individual Regional Office— (Roman No.) suspend contractors. be issued in the HEWPR by the Office Consumer Protection and 3-1.605-2 Period and scope of suspension. of General Services, Office of the Assist­ Environmental H ealth 3-1.605-3 Restrictions during period of Service ______CPE. suspension. ant Secretary for Administration, when Office of Education. ______OE. 3-1.605-4 Notice of suspension. necessary to accomplish HEW-wide pro­ Health Services and Mental 3-1.606 Agency procedure. curement objectives. - Health Administration____ HSM. (d) Policies and procedures which are National Institutes of Subpart 3—1.51— Novation Agreements and H e a lth ______NIH. Changes of Name Agreements necessary to implement and supplement the FPR and the HEWPR will be issued Social and Rehabilitation 3-1.5100 Scope of subpart. Service ______:______SRS. by the heads of operating agencies and Social Security Administra­ 3-1.5101 Definition. staff offices or their designees. 3-1.5102 Agreement to recognize a suc­ tion ______SSA. cessor in interest. § 3—1.104 Applicability. § 3—1.107—3 Citation. 3-1.5103 Agreement to recognize change of name of contractor. The FPR and HEWPR apply to all The HEWPR will be cited in the same HEW procurement of personal property, 3-1.5105 Novation agreement formats. manner as the FPR are cited. Thus, this 3-1.5105-1 Successor in interest agreement real property by lease, and nonpCrsonal format. services (including construction). Unless section, in referring to divisions of the 3-1.5105-2 Change of name agreement for­ specified otherwise, these regulations FPR System, should be cited as “Sec­ mat. apply to procurements within and out­ tion 3-1.107-3 of Chapter 3." When the 3-1.5105-3 Administrative change issuance format. side the United States. Official Code of Federal Regulations cita­ 3-1.5105-4 Administrative change format. § 3—1.105 Method o f issuance. tion is used, this section should be cited Authority : The provisions of this Part 3-1 All HEWPR material deemed neces­ as “41 CFR 3-1.107-3.” Any section of the issued under 5 U.S.C. 301; 40 U.S.C. 486(c). sary for the general public to understand HEWPR may be identified informally, § 3—1.000 Scope o f part. basic and significant HEW procurement for purposes of brevity, as “HEWPR” fol­ policies and procedures will be published This part describes the method by lowed by the section number, such as in the F ederal R eg ister as Chapter 3 of which the Department of Health, Edu­ “ HEWPR 3-1.107-3.” Title 41, Code of Federal Regulations. cation, and Welfare (referred to herein § 3—1.108 Deviation. as HEW) implements and supplements The F ederal R eg ister and Title 41 of the Federal Procurement Regulations the Code of Federal Regulations may be § 3—1.108—1 Description. (referred to herein as FP R ), and con­ purchased from the Superintendent of As used in the HEWPR, the term “de­ tains policies and procedures which im­ Documents, Government Printing Office, viation” pertains to actions set forth in plement and supplement FPR Part 1-1. Washington, D.C. 20402. § 1-1.009-1.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5161

§ 3—1.108—2 Procedure. single document in the format set forth mine fully and finally appeals by con­ tractors from decisions of contracting In the interest of establishing and in § 3-1.318-50 (b) should contain a maintaining uniformity to the greatest simple and concise statement of: (1) officers or their authorized representa­ tives pursuant to the provisions of con­ extent feasible, deviations from either The claim, (2) the decision, (3) the find­ tracts requiring his decisions. the FPR or HEWPR shall be kept to a ings of fact which support the decision, and (4) the reference to the Disputes (b) Appeals will be governed by the minimum and controlled as follows: rules set forth in 32 CFR 30.1, Appendi:: (a) The head of each operating agency clause contained in the format. (b) The following format is suggested A (Rules of the Armed Services Board of and staff office or the official he has Contract Appeals), except that the fol­ designated to act for him in authorizing for use by contracting officers in prepar­ ing decisions under the Disputes clause, lowing rules will apply instead of Rules a deviation from procurement regula­ 3 and 4 of the ASBCA: tions shall authorize a deviation from the if the contractor’s claim is disallowed: FPR or HEWPR only after he obtains (1) Rule 3 (HEW K Forwarding of the Assistant Secreary for Administra­ (Date of findings and decision) Appeals. When a notice of appeal in any tion’s aproval. Deviation requests are to Subject: Decision disallowing request of form has been received by the contract­ be submitted to the Assistant Secretary ing officer, he shall endorse thereon the (Name of Contractor) date of mailing (or date of receipt, if through the Director, Division of Pro­ Under Contract No______curement and Supply Management, otherwise conveyed) and within 10 days Date______shall forward said notice of appeal to the OASA-OGS. T o : ______- ______(b) When an agency or staff office de­ (Name and Address of Contractor) ASBCA with copies to the Office of Gen­ termines that a deviation is needed, it eral Counsel and the Division of Pro­ 1. In accordance with the provisions of curement and Supply Management, shall normally request the deviation in the above-numbered contract, I have con­ writing as far as possible in advance of sidered your request for (insert factual de­ Office of the Secretary, HEW. Following need. In an exigency, an agency or staff scription of the request to identify clearly receipt by the Board of the original office can request a deviation verbally but its nature and scope), notice of an appeal (whether through the it will confirm the request in writing as 2. Your request as set forth above is dis­ contracting officer or otherwise), the soon as circumstances permit. allowed (in whole or in part, according to contractor, the contracting officer, and the fact) for the foUowing reasons: (c) A deviation request shall set forth the Office of General Counsel will be ad­ clearly and precisely: (Insert the findings of fact upon which the vised promptly of its receipt, and the (1) Nature of the needed deviation; disallowance or allowance is based.) contractor will be furnished a copy of (2) Identification of the FPR or 3. The “Disputes” clause of the contract these rules and the rules of the ASBCA. HEWPR from which deviation is needed; provides that within 30 days from the date (2) Rule 4 (HEW ) . Duties of the Con­ (3) Circumstances under which the of receipt hereof the contractor may appeal tracting Officer. Following receipt of a deviation would be used; from this decision by mailing or otherwise notice of appeal, or advice that any ap­ furnishing to the contracting officer a writ­ (4) Intended effect of the deviation; peal has been filed, the contracting offi­ ten appeal addressed to the Secretary of the cer shall promptly, and in any event (5) Time-frame; and Department of Health, Education, and Wel­ fare. Two copies should accompany the origi­ within 30 days, compile and transmit to (6) Reasons which will contribute to the Division of Procurement and Supply complete understanding and support of nal notice of appeal. The notice of appeal should identify the contract (by number) , Management, Office of the Secretary, the requested deviation. Copies of perti­ the decisions from which the appeal is taken HEW,' three copies of all documents per­ nent background papers, such as, forms, and be signed by appellant or an officer of tinent to the appeal and shall send one clauses, or contractor’s request should appellant organization or by a duly author­ copy of the documents to the Office of accompany the deviation request. ized representative or'attorney. General Counsel, including the follow­ 4. The Armed Services Board of Contract ing: Subpart 3—1.3— General Policies Appeals (ASBCA) is the authorized repre­ sentative of the Secretary for hearing and (i) The findings of fact and the deci­ § 3—1.313 Records of contract actions. determining such disputes. sion from which the appeal is taken, and § 3—1.313—1 General. (c) 'Contracting officers will refer all the letter or letters or other documents (a) All procuring activities within final decisions either to the Office of of claim in response to which the deci­ sion was issued; HEW shall maintain an official contract General Counsel, O S(BAL), or to the file for each contract issued. Files for Regional Attorney in the HEW Regional (ii) The contract, and pertinent plans, small purchase transactions shall be es­ Office for the region in which the pro­ specifications, amendments, and change tablished and maintained in accordance curing activity is located for advice as orders; with Subparts 1-3.6 and 3-3.6. to legal sufficiency and format before (iii) Correspondence between the par­ (b) Operating agencies shall ensure transmitting them to contractors. Con­ ties and other data pertinent to the that each contract file constitutes an in­ tracting officers will submit the names of appeal; dependent record, documented to pro­ personnel with knowledge of the facts (iv) Such additional information as vide a complete chronology of all actions in the cases, brief summaries of the facts, may be considered material. related to the contracting aspects of a and brief statements as to pertinent in­ (c) The Division of Procurement and procurement. Each contract file shall formation and documents, such as, (1) Supply Management will compile an ap­ contain documents or other data suffi­ copies of the contracts and all applicable peal file which .must contain the items cient to explain and support the ration­ amendments, specifications, and draw­ enumerated in ‘ § 3-1.318-51 (b) (2) and ale, judgments, and authorities upon ings, (2) communications relative to the will promptly, and in any event within which all decisions and actions were disputed subject matter, and (3) any 60 days after the appeal is docketed by predicated. * additional information. the ASBCA, transmit the file to the (d) At any time within the period for ASBCA. The Division of Procurement § 3—1,318 Contracting Officer’s decision under a disputes clause. appeal, the contracting officer may mod­ and Supply Management will also notify ify or withdraw his final decision. I f an the appellant when it has compiled the (a) The contracting officer may fur­appeal from the final decision has been appeal file, will provide him with a list nish a copy of his decision to the con­ taken to the ASBCA, the contracting of its contents, and will afford him an tractor in person, obtaining a receipt officer’s recommended action will be opportunity to examine the complete therefor. forwarded to the Office of General file at the ASBCA or at the office of the § 3 1.318—50 Decision preparation, Counsel, OS (B A D , together with the contracting officer for the purpose of processing, and modification or with* file required by § 3-1.318-50 (c ), as sup­ satisfying himself as to the contents and drawal. plemented to support the recommended furnishing or suggesting any additional correction or amendment. documentation deemed pertinent to the (a) Where a dispute arises under a appeal. After the ASBCA receives the file contract, the contracting officer will pre­ § 3—1.318—51 Disputes appeals. as it may be augmented at the time of pare a final decision pursuant to the (a) The Secretary has designated thereceipt, the ASBCA will promptly advise isputes clause of the contract. This ASBCA, to hear, consider, and deter­ the parties.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5162 RULES AND REGULATIONS

(d) The Office of General Counsel, Office of the Secretary. This approval emment, formally or informally, to any HEW, is designated as the Government authority shall not be redelegated. type of contractual obligation (see § 3- Trial Attorney to represent the Govern­ (c) In addition to the requirements1.451) . However, program personnel who ment in the defense of appeals before specified in § 3-1.403 (a) and (b ), no must use the contracting process to ac­ the ASBCA. Decisions of the ASBCA will negotiated contract shall be entered into complish their programs, must support be transmitted by the Government Trial until the determination and findings re­ the contracting officer in ensuring that: Attorney to appropriate contracting offi­ quired by FPR Part 1-3, with respect to (1) Requirements are clearly defined cers for action according to ASBCA’s the circumstances justifying negotiation and specified; (2) competitive sources decisions. and use of any special method of con­ are solicited, evaluated, and selected; (3) (e) At all times after the filing of an tracting, have been made. Negotiations, quality standards are prescribed and appeal, the contracting officer will render in any form, will not begin with pros­ met; (4) performance or delivery is all assistance requested by the Office of pective contractors until the determina­ timely; (5) prices, estimated costs, and General Counsel. Whenever an appeal tions and findings are made. fees are reasonable; (6) contract pro­ is set for hearing, the contracting officer visions, procurement regulations, and § 3—1.451 Unauthorized p ro c u r e m e n t applicable laws are complied with; and concerned, acting under the guidance of actions. the Office of General Counsel, will (7) files are documented to substantiate be responsible for arranging for the § 3—1.451—1 General. the judgments, decisions, and actions presence of Government witnesses and The Government is not bound by taken (see § 1-3.801 (c )). specified physical and documentary evi­ agreement or contractual commitments § 3—1.452—4 Postaward contract admin­ dence at both the pretrial conference made to prospective contractors by per­ istration. and the hearing. sons to whom procurement authority has (a) Upon execution of the contract by not been delegated. Such unauthorized (f) Whenever the contractor, subse­ the contracting officer and the contrac­ acts may be in violation of the Federal quent to filing an appeal with the tor, the mutual obligations of the Gov­ Property and Administrative Services ASBCA, elects nevertheless to accept ernment and the contractor are estab­ Act, other Federal laws, the FPR, the fully the decision from which appeal lished by and limited to the written HEWPR, and good procurement prac­ was taken or any modification thereof, stipulations in the contract. Unless au­ and gives written notification of such tice, e.g., certain requirements of law thorized by the contracting officer, HEW and regulations necessary for the proper acceptance to the Office of General personnel shall not direct or request the Counsel or the contracting officer con­ establishment of a contractual obliga­ contractor to assume any obligation or tion may not be met, i.e., certification cerned, the Office of General Counsel take any action not specifically stated in of availability of funds, determination will notify the ASBCA of the disposition the contract. Only the contracting officer of the dispute in accordance with Rule and findings, competition of sources, de­ may impose on the contractor any re­ termination of contractor responsibility, 27 of the rules of the ASBCA. quirement or action which will result in certification of current pricing data; a change to the contract. All contract Subpart 3-1.4— Procurement Re­ price/cost analysis, administrative ap­ sponsibility and Authority changes must be directed in writing or provals, negotiation of appropriate con­ confirmed in writing by the contracting tract clause, etc. § 3—1.400 Scope of subpart. officer. This subpart deals with the procure­ § 3-1.451-2 Policy. (b) The role of program, technical, ment responsibility and authority of the (a) Contractual commitments shall be and other personnel in postaward ad­ head of the procuring activity, the con­ made only by personnel authorized to ministration of the contract is to assist tracting officer, and other Government enter into contracts. HEW personnel or advise the contracting officer (or act personnel, and with the appointment of not delegated contracting authority shall as. his representative when designated as contracting officers. not commit the Government to any type such by the contracting officer) in activi­ of contractual obligations. ties such as: § 3—1.401 Responsibility o f the head of (1) Conduct of conferences to ensure the procuring activity. (b) Contracting officers shall not ratify or confirm unauthorized contrac­ mutual understanding between the Gov­ Unless otherwise provided by operat­ tual commitments. Only the head of the ernment and the contractor as to scope ing agency procedures, the head of the procuring activity or the Assistant of the contract, technical and business procuring activity is responsible for pro­ Secretary for Administration for cases requirements, and the rights and obliga­ curement to the full, extent that respon­ involving the Office of the Secretary may tions of the parties. sibility therefor has been assigned to his authorize a ratification of an unauthor­ (2) Technical direction during con­ activity. ized contractual commitment. tract performance and matters relating to product delivery, acceptance, or § 3—1.402 Authority o f contracting offi­ § 3—1.452 Responsibility o f other Gov­ cers. rejection. ernment personnel. (3) Evaluation of contractor perform­ Contracting officers are authorized to § 3-1.452-1 General. ance, including inspection and testing enter into and administer contracts on of products, evaluation of reports and behalf of the Government. This authority (a) Responsibility for the decision of what to buy and when to buy rests with data, subcontract management, utiliza­ is subject to the requirements prescribed tion of facilities and equipment, cost con­ in § 3-1.403 and any further limitations, program and certain staff offices in oper­ ating agencies and the Office of the trol, etc. consistent with these regulations, im­ (4) Contractor systems and proce­ posed by the contracting agency. Secretary. Responsibility for determin­ ing how to buy, the conduct of the buy­ dures evaluation, including accounting § 3—1.403 Requirements to be met be­ ing process, and execution of the con­ policies and procedures, purchasing fore entering into contracts. tract rests with the procuring activity, policy and practices, property accounting the contracting officer in particular. and control, wage and salary plans and (a) No contract shall be entered into, rate structures, personnel policies and modified, or terminated unless all re­ (b) Personnel responsible. for making practices, etc. quired reviews, clearances, or approvals decisions to buy should maintain a close (5) Modification, renewal, or termina­ and continuous relationship with their have been obtained and all applicable re- tion of the contract. quirements of law, the FPR, the HEWFR, procuring activity to ensure that pro­ (6) Processing of disputes under the and other applicable regulations have curement personnel are made aware o f disputes article and appeals therefrom. been met. contemplated procurement actions. This (b) Contracting officers shall not ratify will be mutually beneficial in terms of S u b p a r t 3-1.6— Debarred, Sus­ contractual commitments made by other better planning for procurement action pended, and Ineligible Bidders personnel of HEW without the prior ap­ and more timely, efficient, and economi­ proval of the head of the procuring cal procurement. § 3—1.600 Scope o f subpart. activity or the Assistant Secretary for (e) Personnel not delegated contract­ This subpart prescribes the HEW Administration in cases involving the ing authority may not commit the Gov- establishment, use, maintenance, a®“

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5163 distribution of a debarred, suspended, makes the determinations required by ignee, may authorize the- suspension of and ineligible bidders list, and proce­ § 1-1.603 (f). bidders for a period not to exceed 12 months. The Director, Division of Pro­ dures for debarring or suspending bidders § 3—1.604 Causes and conditions appli­ for cause. curement and Supply Management, may cable to determination of debarment extend the suspension for a period not to § 3-1.602 Establishment and mainte­ by an executive agency. exceed 6 months upon the request of an nance of a list of concerns or indi­ Any HEW contracting' officer may Assistant Attorney General. viduals debarred, suspended, or de­ recommend initiation of debarment ac­ clared ineligible. tion. The recommendation shall be sub­ § 3—1.605—3 Restrictions during period o f suspension. (a) The Division of Procurement and mitted through administrative channels Supply Management, Office of General to the Director, Division of Procurement (a) The Director, Division of Procure­ Services, OASA-OGS, is responsible for and Supply Management, OASA-OGS. ment and Supply Management, OASA- establishment and maintenance of a con­ It shall be accompanied by the docu­ OGS, or his designee, shall determine solidated list or file of firms and individ­ mented file in the case. when awards of contracts are to be made uals debarred from HEW contracting to suspended bidders as authorized by § 3—1.604—1 Procedural requirements re­ § 1-1.605-3 (a). and subcontracting and from whom bids lating to the imposition o f debar­ and proposals will not be solicited as pro­ ment. § 3 —1.605—4 Notice o f suspension. vided in § 1-1.603. This list will be known as the HEW Debarred Bidders List. . (a) Initiation of debarment action. (a) The Director, Division of Procure­ (b) Collectively, the following docu­ The Director, Division of Procurement ment and Supply Management, OASA- ments shall constitute the HEW De­ and Supply Management, OASA-OGS, OGS, or his designee is responsible for barred Bidders List: after consultation with the Office of notifying bidders of suspensions as re­ (1) Consolidated list of current execu­ General Counsel, shall determine quired by § 1-1.605-4 (a ). whether the facts are sufficient to war­ tive agency administrative debarments § 3 —1.606 Agency procedure. and periodic supplements thereto, com­ rant debarment. I f the decision is not to piled and distributed by GSA to Federal debar, the contracting officer recom­ The Director, Division of Procurement agencies. mending the action will be notified. If and Supply Management, OASA-OGS, is (2) Consolidated list of debarments the Director, Division of Procurement responsible for complying with the pro­ for statutory violations and periodic sup­ and Supply Management, OASA-OGS, visions of § 1-1.606. plements thereto, compiled by the Comp­ decides to institute debarment proceed­ Subpart 3—1.51— Novation Agree­ troller General of the United States. ings, he shall send a letter by certified mail (return receipt requested) to the ments and Change of Name (3) Consolidated list of firms and Agreements individuals debarred, suspended, or de­ firm or individual proposed for debar­ clared ineligible by the HEW to partici­ ment. The letter shall (1) state that de­ § 3—1.5100 Scope o f subpart. barment is being considered, (2) set pate in its procurement program under This subpart prescribes policy and pro­ one or more of the bases set forth in forth the reasons for the proposed debarment, and (3) state that such cedures for (a) recognition of a successor § 1-1.602-1 and in accordance with this in Interest to Government contracts Subpart 3-1.6. party will be accorded an opportunity for a hearing if a request for a hearing when such interests are acquired inci­ (c) The Division of Procurement and dental to a transfer of all the assets of a Supply Management will effect direct is received within 30 days from the date of receipt of such letter. contractor or the part of his assets in­ distribution of the HEW Debarred volved in the performance of the con­ Bidders List to holders of the HEWPR. (b) Hearings. Hearings requested in connection with debarment proceedings tracts, (b) a change of name of a con­ § 3—1.602—1 Bases for entry on the de­ shall be conducted before the Director, tractor, and (c) single activity execution barred, suspended, and ineligible list. Division of Procurement and Supply of novation agreements affecting more (a) The Director, Division of Procure­ Management, OASA-OGS, or his des­ than one activity. ment and Supply Management, OASA- ignee. An opportunity shall be afforded § 3—1.5101 Definition. OGS, makes the administrative debar­ to the firm or individual to appear, with For purposes of this subpart, a nova­ ment determinations prescribed by witnesses and counsel, to present facts § 1-1.602-1 (d). tion agreement is a contractual amend­ or circumstances showing cause why the ment by which the Government recog­ (b) The HEW Contract Compliance firm or individual should not be de­ Officer directs that debarment action nizes a successor in interest to a barred. If the firm or individual elects Government contract or a change of prescribed by § 1-1.602-1 (e) be taken. not to appear, the reviewing authority (c) The Director, Division of Pro- " name of a contractor. The successor in will make the decision based on the facts interest assumes all the obligations under curement and Supply Management, on record and such additional evidence OASA-OGS, makes the administrative the contract and the transferor, when as may be furnished by the parties in­ still in existence, guarantees the per­ suspension determinations prescribed by volved. After consideration of the facts, § 1.602-1 (f). formance of the contract by the trans­ the reviewing authority shall notify the feree. Where only a change of name is (d) The Director, Division of Pro­ firm or individual of the final decision. made, the rights and obligations of the curement and Supply Management, § 3—1.605 Suspension of bidders. parties remain unaffected. OASA-OGS, makes the debarment deter­ minations prescribed in § 1-1.602-1 (g ). § 3—1.605—1 Causes and conditions under § 3—1.5102 Agreement to recognize a which executive agencies may sus­ successor in interest. § 3—1.603 Treatment to be accorded pend contractors. firms or individuals in debarred, sus­ (a) The transfer of a Government pended, or ineligible status. Any contracting officer may recom­ contract is prohibited by law (41 U.S.C. Total restrictions. The Direct mend suspension of bidders for the 15). However, the Government may rec­ Division of Procurement and Sup] causes and conditions set forth in ognize a third party as the successor in Management, OASA-OGS, makes 1 § 1-1.605.1. These recommendations shall interest to a Government contract when essential public interest determinate be accompanied by the documented file the third party's interest is incidental "to required by § 1-1.603(a). in the case and be submitted through the transfer of (1) all the assets of the administrative channels to the Director, Ineligibility restrictions of i contractor or (2) all of that part of the Division of Procurement and Supply contractor’s assets involved in the per­ walsh-Healey Act. At their discret! Management, OASA-OGS. contracting officers may solicit bids formance of the contract. Examples in­ Proposals and award contracts in 1 § 3—1.605—2 Period and scope o f sus­ clude, but are not limited to: circumstances permitted by § 1-1.603 ( pension. (i) Sale of such assets; _ t /0"* Restrictions on subcontract (a) Period of suspension. The Direc­ (ii) Transfer of such assets pur­ Director, Division of Procurent« tor, Division of Procurement and Supply suant to merger or consolidation of a and Supply Management, OASA-OC Management, OASA-OGS, or his des­ corporation;

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 No. 49------3 5164 RULES AND REGULATIONS

FEDERAL REGISTER, VOL. 34, NO. 49—THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5165

6. Notwithstanding the foregoing provi­ § 3—1.5105—2 Change o f name agree­ § 3—1.5105—3 Administrative change is­ sions, all payments and reimbursements ment format. suance format. heretofore made by the Govemmeiit to the Transferor and all other action heretofore The following format may be used as The following memorandum format is taken by the Government, pursuant to its appropriate to recognize a change in appropriate for giving notice of execution obligations under any of the Contracts, shall n am e: "" of a novation agreement so an admin­ be deemed to have discharged pro tarito the istrative change can be issued: A greement ( ______19— ) Government’s obligations under the Con­ Department of Health, Education, and tracts. All payments and reimbursements T h is agreement, entered into as of • W elfare made by the Government after the date of ______19__, by and between the ABC this Agreement in the name of or to the Corporation (formerly the XYZ Corporation office of education Transferor shall have the same force and and hereinafter sometimes referred to as the W ashington, D.C. 20202, effect as if made to said Transferee and shall “Contractor”), a corporation duly organized constitute a complete discharge of the Gov­ and existing under the laws of the State Date: October 15,1967. ernment’s obligations under the Contracts of ______and the U nited States of To: Procurement Officer, Pood and Drug to the extent of the amounts so paid or A merica, represented by the Department of Administration. _ ' reimbursed. Health, Education, and Welfare (hereinafter Prom: Contracting Officer, Office of Edu­ 7. The Transferor and the Transferee referred to as the “Government” ) . cation. hereby agree that the Government shall not WITNESSETH: Subject: Novation Agreement. be obligated to pay or reimburse either of W hereas, the Government represented by Your attention is invited to the attached them for, or otherwise give effect to, any Contracting Officers of the Department of supplemental agreement wherein a transfer costs, taxes, or other expenses, or any in­ Health, Education, and Welfare, has entered of the ¿business of ABC Corporation to XYZ creases therein, directly or indirectly arising into certain contracts, letter contracts, and Corporation is recognized. out of or resulting from (i) said assignment, purchase orders with the XYZ Corporation In accordance with HEWPR Subpart conveyance, and transfer, or (ii) this Agree­ (namely: ______) or (as set forth in 3-1.51, contracting officer (s) presently re­ ment other than those which the Govern­ the attached list marked “Exhibit A” to this sponsible for contracts placed by your ment, in the absence of said assignment, Agreement and herein incorporated by refer­ procuring activity, which are listed in the conveyance, and transfer, or this Agreement, ence; ) and the term “the Contracts” as here­ supplemental agreement, should immediately would have been obligated to pay or reim­ inafter used means the-above contracts, let­ issue an administrative change to each such burse under the terms of the Contracts. ter contracts, and purchase orders, and all contract to reflect the change. 8. The Transferor hereby guarantees pay­ other contracts, letter contracts, and pur­ John J. Jones. ment of all liabilities and the performance chase orders, including amendments and of all obligations which the Transferee (i) change orders thereto, entered into between § 3—1.5105—4 Novation agreement ad­ assumes under this Agreement, or (ii) may the Government, represented by Contracting ministrative change format. hereafter undertake under the Contracts as Officers of the Department of Health, Educa­ they may hereafter be amended or modified; tion, and Welfare, and the Contractor The following format may be used as and the Transferor hereby waives notice of (whether or not performance and payment appropriate in issuing a novation agree­ and consents to any such amendment or have been completed and releases executed, ment administrative change: modification. if the Government or the Contractor has any 9. Except as herein modified, the Con­ remaining rights, duties, or obligations Department of Health, Education, and tracts shall remain in full force and effect. thereunder); W elfare In witness whereof, each of the parties W hereas, the XYZ Corporation, by an OFFICE OF EDUCATION amendment to its certificate of incorpora­ hereto has executed this Agreement as of the Administrative Change day and year first above written. tion, d a te d ______19—, has ohanged its corporate name to the ABC Corporation; Contract No______United States of America W hereas, a change of corporate name only B y ------, ------Administrative Change No_------is accomplished by said amendment, so that T it le ______D a t e :______rights and obligations of the Government Contractor: ______ABC Corporation B y ------and of the Contractor under the Contracts Subject: ______are unaffected by said change; and [CORPORATE W hereas, there has been filed with the (Insert type of transaction— merger, etc.) SEAL] Government documentary evidence of said Pursuant to the provisions of the clause of T it le ______change in corporate name; Modification N o ._____ of Contract N o .______X YZ Corporation Now therefore, in consideration of the (This reference wUl be to the Modification B y ------premises, the parties hereto agree that the actually recognizing the transfer.), [CORPORATE Contracts covered by this Agreement are it is hereby acknowledged that said Contract SEAL] hereby amended by deleting therefrom the Modification (insert, as appropriate, “effect­ T it le ______name “XYZ Corporation” wherever it appears ing recognition of XYZ Corporation as a suc­ Certificate in the Contracts and substituting therefor cessor in interest applies in accordance with I, ------, certify that I the name “ABC Corporation.” all of its terms and conditions to this con­ am the Secretary of ABC Corporation, named I n w itness whereof, each of the parties above, that ------, who signed this tract,” or “effecting recognition of a change hereto has executed this Agreement as of of the contractor’s name from ABC Corpora­ Agreement on behalf of said corporation, was the day and year first above written. th e n ------of said corporation; and tion to XYZ Corporation applies in accord­ U nited States of A merica ance with all of its terms and conditions to that this Agreement was duly signed for and B y ------in behalf of said corporation by authority of this contract”) . Title ______its governing body and is within the scope T he United States of A merica of its corporate powers. ABC Corporation By Witness my hand and seal of said corpora­ B y ------(Signature) tion th is------day o f ______19___ [C orporate By ------seal] [CORPORATE T i t le ______(Contracting Officer) SEAL] Certificate Certificate PART 3-2— PROCUREMENT BY I , ------certify that I I, ______certify that I tlie Secretary of X Y Z Corporation, named am the Secretary of ABC Corporation, named FORMAL ADVERTISING above, t h a t ------, who signed this above; t h a t ______who signed this Subpart 3—2.4— Opening of Bids and Award^>f Agreement on behalf of said corporation, Agreement on behalf of said corporation, was t h e n ______of said corporation; and Contract wa® t h e n ------of said corporation; Sec. and that this Agreement was duly signed that this Agreement was duly signed for and 3-2.406 Mistakes in bids. for and in behalf of said corporation by au­ in behalf of said corporation by authority of 3-2.406-3 Other mistakes disclosed before thority of its governing body and is within its governing body and is within the scope award. the scope of its corporate powers. of its corporate powers. 3-2.406-4 Disclosure of mistakes after Witness my hand and the seal of said cor­ Witness my hand and the seal of said award. 3-2.407 Award. poration this ______, day o f corporation t h is ______day o f ______19 . ’ 3-2.407-8 Protests against award. 19__ B y ______By - — ...... Au th o r ity: The provisions of this Part [Corporate [C orporate 3-2 issued under 5 U.S.C. 301; 40 U.S.C. seal] seal] 486(c).

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5166 RULES AND REGULATIONS

Subpart 3-2.4— Opening of Bids and Subpart 3-3.6— Small Purchases applicable discount, date of delivery, and Award of Contract the signature of the Government em­ § 3—3.602 Policy. ployee receiving the article or service. § 3—2.406 Mistakes in bids. (a) Before purchasing in the open (6) A requirement that the supplier § 3—2.406—3 Other mistakes disclosed market, the procurement officer shall shall submit an itemized invoice at least before award. determine that the supplies or services once each month or upon expiration of are not available from mandatory the BPA, whichever occurs first, covering (a) Authority has been delegated to sources. all deliveries made during the billing the Director, Division of Procurement period for which payment has not been and Supply Management, OASA-OGS, to § 3—3.603 Competition» received. make the administrative determinations § 3—3.603—1 Solicitation. (7) Each BPA shall cite 41 U.S.C. 252 in connection with mistakes in bids al­ (c) (3) as authority for negotiation. leged after opening of bids and before (a) Small purchases not exceeding award. $250 may be accomplished without secur­ § 3—3.605—5 Agency implementation. (b) Suspected or alleged mistake data ing competitive quotations where the (a) The maximum period of time cov­ will be marked “ Immediate Action—Mis­ prices 'are considered reasonable, but ered by a BPA shall not exceed 1 year. take in Bid” and submitted in the most such purchases shall be distributed (b) (1) Competition under BPAs will expeditious manner through procure­ equitably among qualified suppliers. be obtained in accordance with § 3- ment channels to the Director, Division Records of purchases of $250 or less need 3.603-1 (a) and (b). When concurrent of Procurement and Supply Manage­ not include justification for soliciting agreements are in effect for similar items, ment, OASA-OGS, for evaluation and only a single source or a justification ex­ orders not in excess of $250 shall be administrative determination. plaining how prices were determined to equitably distributed. When there is an (c) Doubtful mistakes in bids shall be reasonable. Operating agencies may insufficient number of BPAs for any giv­ not be submitted by contracting officers reduce this limitation in accordance with en class of articles or services to assure directly to the Comptroller General for their requirements. adequate competition on orders in excess advance decisions. They shall be submit­ (b) For purchases between $250 and of $250, the individual placing the order ted as outlined in paragraph (b) above. $2,500, solicitations generally may be shall solicit quotations from other limited to three suppliers. sources. § 3—2.406—4 Disclosure of mistakes after § 3—3.605 Purchase order forms. (2) Individual orders shall be record­ award. ed in simple form as determined by the (a) Authority to make determinations § 3—3.605—2 Standard Forms 147 and operating agency. Orders will be num­ under § 1-2.406-4 has been delegated to 148, Order for Supplies or Services. bered in sequence in a separate series the Director, Division of Procurement (a) General. Standard Forms 147 and for each BPA and will consist of the BPA and Supply Management, OASA-OGS. 148 are mandatory for use in the HEW as number followed by the serial number of (b) Mistakes disclosed after award will standard purchase order forms for small the order. be forwarded by contracting officers purchases not in excess of $2,500. through procurement channels to the (b) Terms and conditions. Additional PART 3-4— SPECIAL TYPES AND Director, Division of Procurement and terms and conditions may be added to METHODS OF PROCUREMENT Supply Management, OASA-OGS, for Standard Form 147 provided they are determinations. not in conflict with those printed on the Subpart 3—4.51— Paid Advertising § 3—2.407 Award. form and are properly designated as Sec. operating agency terms and conditions. 3-4.5100 Scope of subpart. § 3—2.407—8 Protests against award. No additional terms and conditions in 3-4.5101 Policy and procedure. (a) Protests before award. When aconflict or inconsistent with those Au th o r ity: The provisions of Part 3-4 is­ written protest is received by . the con­ printed on the Standard Form may be sued under 5 U.S.C. 301; 40 U.S.C.486(c). added without approval prescribed by tracting officer, he will investigate and § 3—4.5100 Scope of subpart. decide whether the protest has any valid § 3-1.108. This subpart provides policies and pro­ basis. I f the contracting officer deems it § 3—3.606 Blanket purchase arrange- cedures for the procurement of paid ad­ desirable to obtain the views of higher ments. vertising as covered by 5 U.S.C. 302; 44 authority, he will make a written state­ § 3—3.606—4 Documentation. U.S.C. 321, 322, and 324; and Title 7, ment of his opinion in the matter sup­ (a) Each blanket purchase arrange­ Chapter 5200, General Acounting Office ported by copies of all pertinent papers. ment (BPA) shall be documented by is­ Policy and Procedures Manual for Guid­ He will forward them through procure­ suance of a purchase order appropriately ance of Federal Agencies. ment channels to the Division of Pro­ numbered. Each BPA shall contain thè § 3—4.5101 Policy and procedure. curement and Supply Management, following provisions: (1) Authorization to the supplier to (a) Authority to purchase paid ad­ OASA-OGS, by the most expeditious furnish the articles or services described vertising must be granted in writing by means and marked “Immediate Action— in general terms, when ordered by au­ an official delegated such authority. No Protest Before Award.” s thorized personnel listed therein. advertisement, notice, or proposal will be published prior to receipt of written (2) A statement that individual orders authority for such publication. No will not exceed $2,500. voucher for any such advertisement or PART 3-3— PROCUREMENT BY (3) A statement that the Government publication will be paid unless there is NEGOTIATION will be obligated only to the extent of presented, with the voucher, a copy of the orders placed against the BPA by Subpart 3—3.6— Small Purchases such written authority. Authority shall Sec. authorized personnel. not be granted retroactively. 3-3.602 Policy. (4) A stipulation that the supplier’s (b) Request for procurement shall be 3-3.603 Competition. established discounts will apply to orders accompanied by written authority to ad­ 3-3.603-1 Solicitation. placed against the BPA. vertise or publish which sets forth justi­ 3-3.605 Purchase order forms. 3-3.605-2 Standard Forms 147 and 148, (5) A requirement that all shipments fication and includes names of news­ Order for Supplies or Services. be accompanied by delivery tickets con­ papers or journals concerned, frequen­ 3-3.606 Blanket purchase arrangements. taining the name of the supplier, BPA cies and dates of proposed advertise­ 3-3.606-4 Documentation. number, date of order, name of indivi­ ments, estimated cost, and other 3-3.606-5 Agency implementation. dual placing the order, an itemized list pertinent information. Authority : The provisions of this Part 3-3 of articles or services furnished includ­ (c) Paid advertisements shall be issued under 5 U.S.C. 301; 40 U.S.C. 486(c). ing unit and total prices on each item, limited to publications of essential details

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5167 of invitations for bids, sales of property, sources. The last sentence of the clause 1933, popularly called the Buy American and recruitments of employees. shall be deleted in the case of facilities Act (41 U.S.C. lO a -d ), I hereby find: contracts. (a) (Description of the item or items to (d) Standard Form 1143, Advertising be procured, including unit, quantity, and Order, shall be used for procurement and General Services Administration Supply estimated cost inclusive of duty and trans­ payment of paid advertising. Procedures Sources (Ju l y , 1968) portation cost to destination.) (b ) (Brief statement of the necessity for for payment of vouchers are contained The contracting officer may issue and the in Title 7, Chapter 5200, General Ac­ contractor agrees to accept an authorization the procurement.) (c) (Statement of facts establishing the counting Office Policy and Procedures to utilize General Services Administration nonavailability of a similar item or items of Manual for Guidance of Federal supply sources for property to be used in the domestic origin.) Agencies. performance of this contract. Title to all property acquired under such an ^authoriza­ Based upon the above showing of fact, it is determined that the above' described tion shall be in the Government. All prop­ item (s) is (are) not mined, produced, or erty acquired under such an authorization PART 3-5— SPECIAL AND DIRECTED manufactured, or the articles, materials, or shall be subject to the provisions of the SOURCES OF SUPPLY supplies from which it (they) is (are) m anu­ clause of this contract entitled “Government factured, are not mined, produced, or manu­ Property,” except paragraphs (identify) Subpart 3-5.9— Use of GSA Supply Sources by factured, as the case may be, in the United thereof. Contractors Performing Cost-Reimbursement States in sufficient and reasonably available Type Contracts commercial quantities and of a satisfactory Sec. pa rt 3-6— FOREIGN PURCHASES quality. 3-5.900 Scope of subpart. Subpari 3—6.1— Buy American Act— Supply and 3-5.901 Policy. (Signature) Service Contracts 3-5.902 Authorization to contractors. PART 2 3-5.950 Contract clause. Sec. 3-6.103 Exceptions. The requirement of the Buy American Act Au th o r ity: The provisions of this Part that procurement be made from domestic 3-5 issued under 5 TJ.S.C. 301; 40 U.S.C. 3-6.103-2 Nonavailability in the United sources and that it be of domestic origin is 486(c). States. 3-6.103-3 Unreasonable cost or inconsist­ not applicable to the above-described pro­ ency with the public interest. Subparf 3—5.9— Use of GSA Supply curement, since said procurement is within 3-6.104 Procedures, Sources by Contractors Performing 3-6.104-4 Evaluation of bids and proposals. the nonavailability exception stated in the Cost-Reimbursement Type Con­ 3-6.105 Excepted articles, materials, and Act. The feasibility of foregoing the require­ tracts supplies. ment or providing a United States substitute has been considered. Authority is granted to § 3—5.900 Scope o f subpart. Authority : The provisions of this Part 3-6 issued under 5 U.S.C. 301; 40 U.S.C. 486(c). procure the above described item(s) of for­ This subpart prescribes policy and pro­ eign origin (country of origin) at an esti­ § 3—6.103 Exceptions. cedures for cost-reimbursement con­ mated total cost of $______, including duty tracts when it is contemplated that con­ Subpart 3—6.1— Buy American Act— and transportation costs to destination. tractors will be authorized to utilize GSA Supply and Service Contracts supply sources. § 3—6.103—2 Nonavailability in the (Signature) § 3—5.901 Policy. United States. § 3—6.103—3 Unreasonable cost or in­ Determinations and authorizations (a) Certain items determined to be consistency with the public interest. made under this subpart shall be made by exempt under this exception are set forth Maximum effort shall be exerted to contracting officers unless prescribed in § 3-6.105. obtain a domestic source end product otherwise by operating agency imple­ (b) Procurement of foreign products which will meet the minimum need of mentation of this subpart. on the basis of a nonavailability deter­ the Government prior to requesting a § 3—5.902 Authorization to contractors. mination pursuant to § 3-6.103-2 (c) determination under the Buy American shall be made only if approved by the Act. (a) Contractors shall not be author­ head of the procuring activity or his ized to utilize GSA supply sources in the designee before procurement is initiated. § 3—6.104 Procedures. performance of fixed-price type con­ (c) Requests for approval of a deter­ tracts, even though such contracts pro­ § 3—6.101—4' Evaluation of bids and pro­ mination of nonavailability under the Act posals. vide for price adjustment, escalation, shall contain the following information: (a) The following examples illustrate redetermination, or cost-reduction (1) A description of the item or items, incentive. how the procedure in § 1-6.104-4(b) including unit and quantity; should be applied. (b) Contractors shall be authorized to (2) The estimated cost, including utilize GSA supply sources only when: transportation cost to destination and Example 1. Price differential of 6 percent (1) Title to property purchased under any applicable duty; or less between low foreign and low domestic Federal Supply Schedule contracts will (3) The country of origin; bid or proposal: pass to and vest in the Government di­ rectly from the Federal Supply Schedule (4) The name and address of the pro­ Low Low posed contractor; and domestic foreign contractor (rather than through the bid bid prime contractor); (5) Other items of domestic origin which are similar or which can be used (2) Title to Government-owned prop­ Cost to destination...... $20,000 $19,000 erty ordered from GSA stores stock will as an acceptable substitute. Import duty...... 600 (d) Each determination shall be pre­ remain in the Government; Total...... 20,000 19,600 (3) Equipment ordered on a lease or pared substantially in the following for­ 6 percent differential...... 1,176 mat. Part 1 of the determination shall be rental basis under Federal Supply Sched- Total...... 20,000 20,776 uie contracts will be used solely in the signed by the preparing authority (con­ Performance of cost-reimbursement type tracting officer or official with contract­ Government contracts. ing authority), and Part 2 shall be signed The low domestic bid is not unreasonable;' by the approving authority. award would be made to the low domestic “ 3-5.950 Contract clause. bidder. Determination Example 2. Price differential in excess of . '^11e following clause will be Inserted part 1 n all cost-reimbursement type contracts 6 percent between low foreign and low do­ jmder which the contractor may be au- Date______mestic bid or proposal, and small business to acquire items for the account Pursuant to the authority contained in and/or labor surplus area concerns are not or the Government from GSA supply section 2, title HI of the Act of March 8, involved.

FEDERAL REGISTER, VOL. 34, NO. 49—-THURSDAY, MARCH 13, 1969 5168 RULES AND REGULATIONS

Coconut and coconut meat, unsweetened, in shall remain the property of the contrac­ Low Low shredded, desiccated, or similarly prepared domestic foreign tor but will be loaned without charge to bid bid form. the Government for the period stipu­ Coffee, raw or green bean. lated below by offerors. Such free loan Cost to destination______$20,000 $17,000 Cork, wood or bark and waste. Import duty...... 600 Diamonds, industrial, stones. period shall commence on the first day after date of delivery of each container Total...... 20,000 17,600 Emetine, bulk. * 6 Percent differential...... 1,050 Ergot, crude. to the herein specified P.O.B. point (s). Fair linen, altar. Offerors who specify less than _____ Total...... 20,000 18,660 Fibers of the following types: Abace, agave, days (to be determined by the contract­ coir, jute, and palymyra. ing officer in accordance with trade cus­ The low domestic bid is unreasonable; Goat and kid skins. tom ), shall have their offers increased award would be made to the low foreign Graphite, natural. for evaluation purposes only by an bidder. Hog bristles for brushes. Example 3. Low domestic bidder or offeror Hyoscine, bulk. amount arrived at by multiplying the is a small business and/or labor surplus area Ipecac, root. number of days less than the established concern; the low domestic bid or proposal Menthol, natural bulk. free loan period by the daily rental exceeds the low foreign bid or proposal by- Mica. charge. In the event the offeror does not more than 6 percent; but is less than. 12 per­ Nickel, primary, in ingots, pigs, shot, cath­ specify a free loan period, such period cent and award would be over $100,000 to the odes, or similar forms; nickel oxide and shall b e ______days (insert the same low domestic bidder. nickel salts. number of days as the established free Nitroguanidine (also known as pierite). loan period). Beginning with the first Low Low Olive oil. domestic foreign Olives (green), pitted or stuffed or bulk. day after expiration of the free loan bid bid Opium, crude. period to and including the date the con­ Platinum and platinum group metals refined, tainers are delivered to the contractor’s Cost to destination...... $200,000 $170,000 as sponge, powder, ingots, or cast bars. designated carrier, the Government shall Import" duty...... 10,000 Pyrethrum flowers. pay the contractor demurrage (rental) Quartz crystals. Total...... 200,000 180,000 in the amount specified below. No de­ Quebracho. murrage shall accrue to the contractor Quinidlne. The low domestic bid is 11 percent higher Radium salts. in excess of the herein specified cylinder than the low foreign bid and award would Rubber, crude and latex. replacement value. For each container be over $100,000. Submit the case in accord­ Rutile. lost or damaged beyond repair while in ance with § 3-6.104-4(c) (1). Sperm oil. the Government’s possession, the Gov­ (b) Proposed awards shall be submit­ Spices and herbs in bulk. ernment shall pay to the contractor the ted to the head of the procuring activity Sugars, raw. herein specified replacement value less or his designee i f : Swords. allocable demurrage paid therefor. Such Talc, block, steatite. lost or damaged containers paid for by (1) An award for more than $100,000 Tapioca flour and cassava. would be made to a domestic firm if the Tartar, crude; tartaric acid and cream of tar­ the Government shall become the prop­ 12 percent factor is applied, but would tar in bulk. erty of the Government. not be made if the 6 percent factor is Tea in bulk. (b) Empty containers will be delivered applied. Vanilla beans. to the offeror’s designated carrier (of­ (2) Rejection of an acceptable. low Venom, cobra. feror to identify applicable carrier be­ foreign bid or proposal is considered Wax, carnauba. low) f.o.b. points of original delivery Woods of the following species; Angelique, necessary to protect essential national balsa, ekki, greenheart, lignum vitae, ma­ specified in this solicitation/contract. security interests. hogany, and teak. Offeror shall furnish the following infor­ (3) Rejection of any bid or proposal mation, as applicable, for containers: is considered necessary for other rea­ Applicable Type and size sons of the national interest. PART 3-7— CONTRACT CLAUSES item No. ' of container Quantity (c) In those cases where a solicitation Subpart 3—7.51— Contractor Furnished Reusable of both foreign and domestic suppliers Gas Cylinders or Other Containers results in the receipt of a single respon­ Sec. sive offer and that offer is on an item 3-7.5100 Scope of subpart. Demurrage charges of foreign manufacture, a memorandum 3-7.5101 Demurrage charge provision. Free loan period per day per cylinder documenting reasons for making award 3-7.5102 Government option to purchase shall be made a part of the contract file. containers. A u t h o r it y : The provisions of this Part § 3—6.105 Excepted articles, materials, 3-7 issued under 5 U.S.C. 301; 40 U.S.C. Identification and and supplies. 486(c). location of offeror’s The following articles, materials, and Sub part 3—7.51— Contractors Fur­ Replacement value carrier for return of supplies may be acquired for public use for each container empty container without regard to country of origin: nished Reusable Gas Cylinders or Other Containers Acetylene, black. Asbestos, amosite. § 3—7.5100 Scope of subpart. Bananas. § 3—7.5102 Government option to pur­ Beef extract. This subpart prescribes a demurrage chase containers. Bismuth. charge provision to be inserted in re­ Books, pamphlets, newspapers, magazines, quests for proposals, invitations for bids, When the offeror indicates that con­ periodicals, printed briefs, and films not and resulting contracts when delivery of tainers have a replacement value o f less printed in the United States and for which items may be in contractor furnished re­ than $10, the Government shall add the domestic editions are not available. usable gas cylinders or other containers. Brazil nuts, unroasted. cost of the containers to the o ffe r e d Cadmium, ores and flue dust. § 3—7.5101 Demurrage charge provision. price and evaluate offers accordingly- Calcium cyanamide. In this event, the containers shall be­ Capers. Solicitations and resulting contracts Cashew nuts. which may result in delivery of items come the property of the Government. Chicle. in contractor furnished reusable gas Chrome ore or chromite. cylinders or other containers will include Cinchona bark. the following provision. PART 3-55— SERVICES CONTRACTS Cobalt, in cathodes, rondelles, or other pri­ mary forms. (a) Reusable gas cylinders or other Sec. Coca beans. containers identified below by offerors 3-55.000 Scope of part.

FEDERAI REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5169

Subpart 3—55.3— Management Consultant menced until the contracting officer scope of work, change time limitations, Services has received the Assistant Secretary’s or change the contract price, authoriza­ Sec. approval. tion for the change shall be requested 3-55.300 Scope of subpart. § 3—55.301—4 Negotiation o f contracts. in the same way as the original authori­ 3-55.301 Procedure. zation to procure the services. 3-55.301-1 Purchase request. (a) Proposals shall be solicited from 3-55.301-2 Authority. § 3—55.301—7 Contract administration. 3-55.301-3 Type of contract. at least three firms or organizations to 3-55.301-4 Negotiation of contracts. assure adequate competition. (a) Authority of the project officer. 3-55.301-5 Contract award. (b) Contracting officers shall include Each requiring activity (operating 3-55.301-6 Modification of contracts. in the request for proposals a require­ agency or staff office) shall appoint a 3-55.301-7 Contract administration. ment that each offeror furnish the fol­ project officer for each proposed con­ Authority: The provisions of this Part 3- lowing information with his proposal, tract. The project officer should come 55 issued under 5 U.S.C. 301; 40 U.S.C. 486 notwithstanding the type of contract from the functional area in which the (c). anticipated : work is to be performed and should be (1) The nam e(s), title(s), and qualifi­ § 3-55.000 Scope of part. familiar with all aspects of the work cations of principal members of the scope. He shall assist the contracting This subpart deals generally with the offeror’s organization who will be re­ officer during contract negotiations and obtaining of services by contract and sponsible for the project; shall be responsible for guiding the specifically with certain types of con­ (2) The number and classification of technical aspects of the project and gen­ tracts which can be properly classified employees who will participate; eral supervision of the work being per­ as service contracts. It does not cover (3 ) The estimated number of man­ formed. He shall also be responsible for the services of individuals obtained by hours that each official and employee checking on the progress of the work direct appointment or through normal will contribute to the proposed project; and for reviewing and recommending Civil Service employment procedures, (4) The standard hourly billing rate approval to the contracting officer of nor does it cover the obtaining of services for each official and employee or class of contractor vouchers and final accept­ by grant. The term “service” as used in officials and employees. This rate shall ance of the work rendered. The project this part is not necessarily synonymous incorporate any overhead costs and officer shall not make any commitments with the term “Service” as used in the profit. while discussing a proposed contract or Service Contract Act of 1965 (Public Law (c) The contract shall contain provi­ contract change and shall not authorize 89-286, 41 U.S.C. 351-357). Whether or sions to ensure that the proposal of the any changes which affect price, terms, or not that Act applies to a contract in this successful offeror will be adhered to (as conditions of an existing contract. He part will be determined by the defini­ negotiated and agreed) with respect to shall refer all such matters to the con­ tions given in the Act or implementing the information in § 3-55.301-4(b ). tracting officer for action. regulations. (d) In addition, the request for pro­ Effective date. This revision shall be­ Subpart 3—55.3—Management posals and the resulting contract shall come effective on the date of its publica­ contain the following provisions: tion in the F ederal R eg ist e r . Consultant Services (1) That-the contractor warrants the § 3—55,300 Scope of subpart. rates quoted are not in excess of those B ernard S is c o , Acting Assistance Secretary, This subpart sets forth procedures for charged nongovernmental clients for the negotiating and administering manage­ same services performed by the same for Administration. individuals; M ar ch 5,1969. ment consultant services contracts with firms and organizations. (2) That the contractor shall provide [F.R. Doc. 69-2991; Filed, Mar. 12, 1969; at the request of the Government all 8:45 a.m.] § 3—55.301 Procedure. forking papers used by the participating § 3—55.301—1 Purchase request. officials and employees of the firm or organization in connection with the Chapter 29— Department of Labor After receipt of the Assistant Secre­ project; tary for Administration’s approval to (3) That publication or distribution PART 29-60— CONTRACT APPEALS procure management consultant serv­ of tl*e study, data, or other related mate­ Pursuant to 5 U.S.C. 301, I hereby ices, the requiring activity shall forward rial is prohibited without the prior amend Subtitle A of Title 41 of the Code the approval together with a purchase written approval of the contracting of Federal Regulations by establishing request to the appropriate procuring ac­ officers; a new Chapter 29 to be entitled “Depart­ tivity for necessary procurement action. - (4) That the contractor agrees, if the ment of Labor” and a new Part 29-60 to § 3—55.301—2 Authority. estimated number of hours of participa­ be entitled “Contract Appeals”, to read tion by his employees as set forth in the (a) Management consultant services as set forth below. As these regulations contracts shall be entered into under contract is not used in contract perform­ relate solely to public contracts and rules authority contained in 5 U.S.C. 3109, pro- ance or if individuals specified do not of agency procedure, notice of proposed yided authority to use this statute is con- perform work under the contract as the rule making, public participation there­ ramed in an HEW appropriation or other parties negotiated and agreed, the total in, and delay in effective date are not act. Authority to negotiate such con­ contract price shall be reduced accord­ required by 5 U.S.C. 553.1 do not believe tracts should be cited as 5 U.S.C. 3109 ingly, provided the total charges to be that such procedure or delay would serve and 41 U.S.C. 252(c) (15) made by the contractor are less than the a useful purpose here. Accordingly, these total contract price. § 3-55.301-3 Type o f contract. regulations shall become effective § 3—55.301—5 Contract award. immediately. Fixed-price contracts with provisi i°r downward adjustment shall be us After receiving required approval to Sec. or procurement of management consu procure management consultant serv­ 29-60.1 Scope of part. services, except in rare instan< ices, procurement may be made without Subpart A— Boards of Contract Appeals; when other than a fixed-price contracl a further Departmental approval. No Establishment and Functions contract shall be entered into for longer considered appropriate. I f other thar 29-60.2 Establishment and membership of nxed-price proposal is to be solicited, t than one year. a Board of Contract Appeals. contracting officer shall forward a coi § 3—55.301—6 Modification o f contracts. 29-60.3 Jurisdiction and authority of ¡52® Justification through administ] Boards of Contract Appeals. When supplemental agreements or s IfQ«? aSnels for aPPr<>val by the 1 Subpart B— Prehearing Procedures otw % vSecretary for Administrate change orders are required to change „ , , r than fixed-price proposals or i 29-60.10 Appeals. substantially the basis upon which the 29-60.11 Establishment of a Board of Con­ o xations shall not be solicited or co: contract was made, such as, to revise the tract Appeals.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5170 RULES AND REGULATIONS

Sec. (b) Powers. A Board of Contract Ap­ (c) Signature of a notice of appeal. A 29-60.12 Duties of a contracting officer. peals shall have all the powers of the notice of appeal shall be signed by the 29—60.13 Request for hearing. Secretary of Labor necessary or appro­ contractor or the contractor’s authorized 29-60.14 Notice of hearing. priate to the exercise of the jurisdiction representative. 29-60.15 Dismissal for lack of jurisdiction. 29-60.16 Prehearing conference. and the performance of the duly pro­ (d) Acknowledgement. Upon his re­ 29-60.17 Settlement; withdrawal of appeal. vided in paragraph (a) of this section, ceipt of a notice of appeal, a contracting 29-60.18 Representation of parties. including: officer shall promptly acknowledge it in 29-60.19 Service of papers. (1) The power to admfnister oaths and writing to the appellant, and shall trans­ affirmations; mit to him a copy of the regulations in Subpart C— Hearings (2) The power to conduct hearings, this part. 29-60.30 Nature of hearings. examine and cross-examine witnesses, (e) Forwarding of a notice of appeal. 29-60.31 Evidence. and to call witnesses; Within 5 days of his receipt of a notice 29-60.32 Transcripts of proceedings. (3) The power to rule upon offers of 29-60.33 Absence of parties. of appeal, a contracting officer shall for­ proof and admissibility of evidence; ward the original thereof to the Assistant Subpart D— Posthearing Procedures (4) The power to regulate the course Secretary of Labor for Administration 29-60.40 Briefs. of hearings and the conduct of the for transmittal to the Secretary of Labor. 29-60.41 Decisions. parties and their representatives therein; 29—60.42 Reconsideration. § 29—60.11 Establishment o f a Board of (5) The power to rule upon procedural Contract Appeals. A u t h o r it y : The provisions of this Part requests; 29-60 issued under 5 U.S.C. 301. (6) The power to hold conferences for Upon his receipt of a notice of appeal, the settlement, clarification and simplifi­ the Secretary of Labor, by an appropriate § 29—60.1 Scope of part. - cation of issues; and order, will establish a Board of Contract This part establishes policies and pro­ (7) The power to make decisions in Appeals in accordance with the pro­ cedures regarding appeals taken from conformity with this part. visions of § 29-60.2, and will refer the decisions of contracting officers of the (c) Delegation of authority. A Board appeal to it. A copy of the order will be Department of Labor pursuant to the of Contract Appeals may authorize and transmitted to the appellant or his repre­ “ disputes” clauses of contracts with the direct a hearing examiner of the Depart­ sentative of record, to the contracting Department of Labor. ment of Labor to hold hearings and re­ officer from whose decision the appeal is taken, and to the Solicitor of Labor. Subpart A— Boards of Contract Ap­ ceive evidence and arguments in its stead, and to certify the record of the § 29—69.12 Duties o f a contracting offi- peals; Establishment and Functions proceedings to it. The Board shall dele­ cer. gate to the hearing examiner any of its § 29—60.2 Establishment and member­ (a) Upon his receipt of a copy of an ship of a Board of Contract Appeals. power which it may deem necessary to properly conduct the hearings. order establishing a Board of Contract ■Within 20 days of the filing of a writ­ (d) Quorum. Two members of a Board Appeals, a contracting officer shall ten notice of appeal with a contracting o f Contract Appeals shall constitute a promptly, and in any case within 15 days, officer of the Department of Labor pur­ quorum for the transaction of the busi­ transmit to the Board in triplicate an suant to tiie “disputes” clause of a con­ ness of the Board provided that one of appeal file which shall include : tract with the Department of Labor, the them is a qualified attorney, and the de­ (1) A copy of the notice of appeal; Secretary o f Labor will establish a cision of at least two of the members of (2) A copy of the decision from which Board of Contract Appeals to hear the the Board shall constitute the decision the appeal is taken; appeal. The Board will be composed of of the Board. (3) A copy of the contract under which three persons, at least one of whom is an (e) Decision. A Board of Contract Ap­ the appeal is taken, together with any attorney, admitted to practice before peals shall decide all cognizable questions amendments thereof; the highest court of any State, common­ in accordance with applicable contract (4) Any pertinent solicitation docu­ wealth or territory of the United States, provisions and applicable laws and regu­ ments, including invitations for bids, re­ or the District of Columbia. One attorney lations. A decision of the Board on a quests for proposals or quotations, plans member of the Board will be designated matter within its jurisdiction shall be and specifications, and any response chairman of the Board by the Secretary the final decision of the Secretary of thereto; of Labor. No person will be appointed to Labor. (5) Transcripts of any testimony the Board if the Secretary finds that he taken, and a copy of any affidavit or has participated in the negotiation, Subpart B— Prehearing Procedures statement of any person received, in con­ award, or administration of the contract § 29—60.10 Appeals. nection with the dispute prior to the under which the appeal is taken, or has filing of the notice of appeal; and any personal interest In the subject (a) How taken. An appeal from a de­ (6) Any other document and informa­ matter of the appeal. cision of a contracting officer of the De­ tion which the contracting officer may partment of Labor may be taken by mail­ consider pertinent to the appeal. § 29—60.3 Jurisdiction and authority o f ing or otherwise furnishing to the con­ Boards o f Contract Appeals. (b) Upon his preparation of an appeal tracting officer, within the time allowed file, and before its transmittal to a Board, (a) Jurisdiction. A Board of Contract by the contract, an original and two Appeals appointed under this part shall a contracting officer shall provide the copies of a written notice of appeal ad­ appellant with a table of contents of have the power and the duty to hear, dressed to the Secretary of Labor. the appeal file, and shall afford him an consider and decide as fully and finally (b) Contents of a notice of appeal. A opportunity to examine the file. The as might the Secretary of Labor (1). notice of appeal should indicate that an questions of fact decided by a contract­ appellant shall have the right to have appeal is thereby intended and should in­ included in the file any additional docu­ ing officer of the United States Depart­ clude the following information: ment and information which the appel­ ment of Labor pursuant to the “disputes” (1) Identification of the contract in­ lant may deem pertinent to the appeal. clause of a contract with the Depart­ volved; ment of Labor which are presented by (2) Identification of the Administra­ §29—60.13 Request for hearing. timely appeal from such a decision, and tion, Bureau, or Office of the Department Within 15 days of the receipt of a copy (2) questions of procedural law arising of Labor which awarded the contract; of an order establishing a Board of Con­ during and in connection with, the ap­ (3) Identification of the written deci­ tract Appeals, the appellant may re­ sion froip which the appeal is taken, in­ peal proceeding: Provided, That the ju­ quest in waiting a hearing, which the cluding the date and form of decision; risdiction of such a Board shall not Board shall grant. In the absence of such (4) A concise specification of the a request, the Board may itself order a extend to disputes relating to labor errors complained of, and of the reasons hearing. If no hearing is either r e q u e s t e d standards, equal employment oppor­ therefor; and or ordered, the Board shall decide the tunity, or claims for relief not provided (5) A statement of the relief sought appeal on the appeal file and such written in the written contracts. by the appellant. submissions, including briefs, as the

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 RULES AND REGULATIONS 5171 parties may submit on their own initia­ its behalf, in person; a corporation, by an the provisions of title 18, United States tive or at the Board’s request. officer thereof; a partnership or join ven­ Code, sections 287, 1001, and any other § 29—60.14 Notice o f hearing. ture, by a member thereof; or any of provisions of law imposing penalties for these, by an attorney admitted to prac­ knowingly making false representations In cases where a hearing has been re­ tice before the highest court of any State, in connection with claims against the quested or has been ordered by a Board Commonwealth, or Territory of the United States or in any matter within of Contract Appeals, the parties shall be United States or the District of Columbia. the jurisdiction of any department or given a minimum of 15 days notice, in (b) Appellee. The Solicitor or his des­ agency thereof. writing, of the time and place of the ignee shall represent a contracting of­ (c) Copies of documents. Accurate hearing. Hearings shall be held in Wash­ ficer in every -proceeding before the copies of admissible documents may be ington, D.C., unless the Board deter­ Board, or a hearing examiner acting on accepted in evidence if the submission of mines that fairness to one of the parties its behalf. original documents is not practicable. requires a different hearing site. § 29—60.19 Service of papers. (d) Withdrawals of exhibits. At any § 29—60.16 Prehearing conference. time, upon request and after notice to (a) Any written communication sub- A Board of Contract Appeals shall have the other party, a Board of Contract Ap­ mitted.by a party to a Board of Contract peals may, in its discretion, permit the the power at any time, on its own motion Appeals or a hearing examiner acting in or on the motion of a party, to raise the withdrawal of original exhibits, or any its behalf, except the appeal file, shall part thereof, by the party entitled issue of its jurisdiction over the appeal, contain or be accompanied by evidence and to dismiss the appeal for lack of thereto. The substitution of certified true of service of a copy thereof upon the copies of exhibits or any part thereof jurisdiction after affording the parties other party or his attorney, by means of an opportunity to be heard on the issue. may be required by the Board as a con­ personal delivery or by mail. dition of granting permission for such § 29—60.15 Dismissal for lack o f juris­ (b) Such communications shall be withdrawal. diction. addressed to the Assistant Secretary of Labor for Administration for transmittal § 29—60.32 Transcripts of proceedings. (a) Objectives. Within 60 days after to the Board or Hearing Examiner, as A verbatim transcript of a hearing receipt of the appeal file, the Chairman the case may be. of a Board of Contract Appeals shall shall be made. A copy of the transcript direct the parties to appear before the Subpart C— Hearings shall be available to a party requesting Board for the purpose of exploring the it at the time of the hearing, on such possibility of informally disposing of the § 29—60.30 Nature o f hearings. terms as the presiding Board or hearing appeal by agreement. If it becomes evi­ A hearing shall be as informal as may examiner may provide. dent that such informal disposition can­ be reasonably appropriate for an adver­ § 29—60.33 Absence o f parties. not be achieved, the following matters s a r y proceeding. The purpose of a hear­ The unexcused absence of a party or shall be considered: ing shall be to provide a Board of Con­ his authorized representative at the time (1) Jurisdiction of the Board, if this tract Appeals with the pertinent facts and positions of the parties as a basis and place set for a hearing shall not be issue has not already been raised and the occasion for delay of the hearing. disposed of; for the Board’s decision of an appeal. (2) Elimination, simplification and In such event, the hearing shall proceed § 29—60.31 Evidence. and the case shall be regarded as sub­ clarification of issues; (a) General. The parties may offer at mitted on the record by the absent party. (3) Possibility of obtaining stipula­ The presiding Board or hearing examiner tions, admissions of fact and other agree­ a hearing such relevant evidence as they may deem appropriate and as would be may, with the consent of the party pres­ ments which would avoid unnecessary ent, cancel the hearing and treat the proof; admissible under the generally accepted rules of evidence applied in the courts appeal as submitted on the written (4) Limitations on the number of record. witnesses; and of the United States in nonjury trials, subject, however, to the sound discretion Subpart D— Posthearing Procedures (5) Such other matters as may aid in of the presiding Board or hearing exam­ the fair and expeditious disposition of the iner, as the case may be, in supervising § 29—60.40 Briefs. appeal. the manner and extent of presentation Any party to an appeal may submit a (b) Order. At the conclusion of the of such evidence. In general, admissibility brief or memorandum within a period of conference the Board shall enter an order shall hinge on relevancy and materiality. time specified by the Board of Contract reciting the action taken at the confer­ Letters or copies thereof, affidavits, and Appeals. ence. The order shall control the subse­ other evidence not admissible under such quent course of the proceeding unless generally accepted rules of evidence may § 29—60.41 Decisions. modified by the Board for good cause. nevertheless be admitted in the discretion A copy of a decision of a Board of Con­ (c) Time and place. Prior to the con­ of the Board or the hearing examiner. tract Appeals shall be furnished to all ference, the parties shall be given a mini­ The weight to be attached to evidence parties to the appeal. A copy of the deci­ mum of 20 days notice, in writing, of the presented in any particular form will be sion shall be available for public inspec­ time and place of the conference, which within the discretion of the Board, tak­ tion at the Office of the Assistant Secre­ shall be held in Washington, D.C., unless ing into consideration all the circum­ tary for Administration. the Board orders otherwise. stances of the particular case. Stipula­ § 29—60.42 Reconsideration. § 29—60.17 Settlement; withdrawal o f tions of fact agreed upon by the parties appeal. shall be conclusive. The parties may A request for reconsideration may be stipulate the testimony that would be filed by any party to an appeal within (a) A dispute may be settled in whole given by a witness if that witness were 15 days after receipt of a copy of the de­ or in part at any time before decision present. cision of the appeal. Reconsideration of of an appeal, by written stipulation be- (b) Examination of witnesses. Testi­ a decision, which may include a hearing ^ een the appellant and the contracting mony shall ordinarily be adduced or rehearing, may be granted if, in the officer, or their authorized representa­ through the examination and cross-ex­ judgment of the Board, sufficient reason tives, filed with the Board. amination of witnesses. Witnesses shall therefor appears. Failure to request re­ (b) At any time prior to the decision be examined orally, under oath or affir­ consideration shall not be deemed a fail­ of an appeal, the appellant may with­ mation, unless all the facts are stipu­ ure to exhaust administrative remedies. draw the appeal with prejudice, by writ­ lated or the presiding Board or hearing ten notice to the Board. Signed at Washington, D.C.,this 7th examiner, as the case may be, shall day of March 1969. § 29-60.18 Representation o f parties. otherwise order. However, if the testi­ mony of a witness is not given under G eorge P . S h u l t z , (a) Appellant. An individual appellant oath or if the circumstances otherwise Secretary of Labor. may appear before a Board of Contract warrant, the witness should be warned [F.R. Doc. 69-3031; Piled, Mar. 12, 1969; ppeals or a hearing examiner acting on that his statements may be subject to 8:47 ajn .]

No 49______4 FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5172 RULES AND REGULATIONS Chapter 101— Federal Property July 31, 1968, and published in the Box 1306, Albuquerque, N. Mex. 87103. Sport fishing shall be in accordance with Management Regulations F ederal R egister on August 8, 1968, 33 F.R. 11291, the following lines and foot­ all applicable State regulations subject SUBCHAPTER H— UTILIZATION AND DISPOSAL note are corrected as follows: to the following special conditions: (1) The open season for sport fishing PART 101-45— SALE, ABANDON­ 1. In the table for transmitting earth stations under the heading of Govern­ on the refuge extends from May 30 to MENT, OR DESTRUCTION OF PER­ ment (§ 21.706(d) (1 )) line 7, the listing October 15, 1969, inclusive. SONAL PROPERTY of “ Mojave, California” is amended to (2) The use of boats or floating de­ vices is not permitted. Subpart 101-45.1— General read “Mojave, California1”. 2. In the table for transmitting earth The provisions of this special regula­ S ales o f S u r p l u s P e r so n a l P r o pe r ty stations under the heading of Govern­ tion supplement the regulations which ment (§ 21.706(d) (1 )) line 8 the listing govern fishing on wildlife refuge areas Part 101-45 is amended by revising generally, which are set forth in Title § 101-45.101 to include a provision that of “Rosman, North Carolina” is amended to read “Rosman, North Carolina1 ”. 50, Code of Federal Regulations, Part sales of surplus personal property pur­ 33, and are effective through October 15, suant to 10 U.S.C. 2576 are applicable 3. In footnote 2 to § 21.706(d) the only to the Department of Defense. content is amended to read “ This station 1969. is authorized to transmit on frequencies R ich ar d W . R ig b y , Section 101-45.101 is revised as Refuge Manager, Bosque del follows: 6301.02, 6301.05, 6212.09, and 6389.97 MHz and receive on frequencies in the Apache National Wildlife § 101-45.101 Applicability. 3700-4200 MHz band on the condition Refuge, San Antonio, N. Mex. (a) This Part 101-45 applies to all that harmful interference will not be M arch 6,1969. agencies in the executive, legislative, and caused to stations operating in these bands.” [F.R. Doc. 69-3024; Filed, Mar. 12, 1969; judicial branches of the Government, ex­ 8:46 a.m.] cept the Senate, the House of Represent­ Released: March 10,1969. atives, and the Architect of the Capitol and any activities under his direction, to F ederal C ommunications PART 33— SPORT FISHING the extent provided in the Federal Prop­ C o m m is s io n , erty and Administrative Services Act of [ s e a l ] B e n F. W a p l e , Hagerman National Wildlife Refuge, 1949, as amended (hereinafter generally Secretary. Tex. referred to in this Part 101-45 as “the [F.R. Doc. 69-3054; Filed, Mar. 12, 1969; The following special regulation is is­ Act” ) . 8:49 a.m.] sued and is effective on date of publica­ (b) The provisions of this Part 101-45, tion in the F ederal R e g ister . relating specifically to sales of surplus § 33.5 Special regulations; sport fish­ personal property, do not apply to sales ing; for individual wildlife refuge by the Secretary of Defense made pursu­ Title 50— WILDLIFE AND areas. ant to 10 U.S.C. 2576. FISHERIES T exas (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) HAGERMAN NATIONAL WILDLIFE REFUGE Effective date. This amendment is ef­ Chapter j— Bureau of Sport Fisheries Sport fishing including frog gigging on fective upon publication in the F ederal and Wildlife, Fish and Wildlife the Hagerman National Wildlife Refuge, R eg ister . Service, Department of the Interior Tex., is permitted from April 1 through Dated : March 6,1969. September 30, 1969, inclusive, only on PART 33— SPORT FISHING areas designated by signs as open to J. E. M o o d y , Bosque Del Apache National fishing. These open areas, comprising Acting Administrator of 2,900 acres, are delineated on maps avail­ General Services. Wildlife Refuge, N. Mex. able at refuge headquarters, Sherman, [F.R. Doc. 69-3017; Filed, Mar. 12, 1969; The following special regulations are Tex., and from the Regional Director, 8:46 a.m.] issued and are effective on date of pub­ Bureau of Sport Fisheries and Wildlife, lication in the F ederal R eg iste r . Post Office Box 1306, Albuquerque, N. Mex. 87103. Sport fishing shall be in § 33.5 Special regulations; sport fish­ ing; for individual wildlife refuge accordance with all applicable State Title 47— TELECOMMUNICATION areas. . regulations. Chapter I— Federal Communications N e w M e x ic o The provisions of this special regula­ Commission tion supplement the regulations which BOSQUE DEL APACHE NATIONAL WILDLIFE govern fishing on wildlife refuge areas [Docket No. 17988] REFUGE generally which are set forth in Title 50, PART 21— DOMESTIC PUBLIC RADIO Sport fishing on the Bosque del Apache Code of Federal Regulations, Part 33, and SERVICES (OTHER THAN MARI­ National Wildlife Refuge, N. Mex., is are effective through September 30,1969. TIME MOBILE) permitted only on areas designated by R o n a ld S. S u l l iv a n , signs as open to fishing. These open Refuge Manager, Hagerman Na­ Incorporation of New and Modified areas, comprising 1,800 acres, are tional Wildlife Refuge, Sher­ Earth Station Coordination Distance delineated on maps available at refuge man, Tex. Contours; Correction headquarters, San Antonio, N. Mex., and M arch 3, 1969. In the report and order in the above- from the Regional Director, Bureau of [F.R. Doc. 69-3025; Filed, Mar. 12, 1969: entitled matter, FCC 68-780, adopted Sport Fisheries and Wildlife, Post Office 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5173 Proposed Rule Making

limits appeals to disputes concerning tractor making the appeal), or by an au­ DEPARTMENT OF THE INTERIOR questions of fact, the Board may in its thorized officer of the appellant corpora­ Office of the Secretary discretion hear, consider, and decide all tion or member of the appellant firm, questions of law necessary for the com­ or by the contractor’s duly authorized [ 43 CFR Part 4 1 plete adjudication of the issue. representative or attorney. The com­ (b) Emphasis is placed upon the sound plaint referred to in § 4.6 (Rule 6) may BOARD OF CONTRACT APPEALS administration of the rules in this part be filed with-the notice of appeal, or the Notice of Proposed Rule Making in specific cases, because it is imprac­ contractor may designate the notice of ticable to articulate a rule to fit every appeal as a complaint, if it otherwise Basis and purpose. Notice is hereby possible circumstance which may be en­ fulfills the requirements of a complaint. given that it is proposed to revoke Part countered. The rules in this part will § 4.3 Forwarding of appeals., 4, Subtitle A—Office of the Secretary of be interpreted so as to secure a just and the Interior, of Title 43 of the Code of inexpensive determination of appeals When a notice of appeal in any form Federal Regulations, and substitute without unnecessary delay. Preliminary has been received by' the contracting of­ therefor the following regulations re­ procedures are available to encourage ficer, he shall endorse thereon the date of lating to the authority of the Interior full disclosure of relevant and material mailing (or the date of receipt, if the Board of Contract Appeals, and the facts, and to discourage unwarranted notice was otherwise conveyed) and membership, decision making and pro­ surprise. All time limitations specified for within 10 days shall forward said no­ cedural rules of that Board. The new various procedural actions are computed tice of appeal to the Board by certified rules conform closely to a set of rules as máximums, and are not to be fully mail. At the same time, he shall notify which, in 1968, was adopted as a model exhausted if the action described can the Department’s Office of the Solicitor, by representatives of most of the Federal be accomplished in a lesser period. Where in accordance with instructions of the contract appeals boards. Promulgation it has authority to extend time limita­ Solicitor, that the appeal has been re- of the new rules will bring the procedures tions, the Board may extend them in . ceived in order that a Department of the Interior Board of Contract Ap­ appropriate circumstances, on good cause counsel may be appointed. Following re­ peals into essential uniformity with those shown. Whenever reference is made to ceipt by the Board of thé original notice of other major boards, including the contractor, appellant, contracting officer, of an appeal (whether through the con­ Armed Services Board of Contract Ap­ respondent and parties, this shall in­ tracting officer or otherwise), the con­ peals, the Post Office Board of Contract clude respective counsel for the parties, tractor will be promptly advised of its Appeals and the Veterans Administration as soon as appropriate notices of ap­ receipt and docketing, and furnished -a Board of Contract Appeals. pearance have been filed with the Board. copy of the rules in this part. It is the policy of the Department of (c) Hie Board of Contract Appeals § 4.4 Duties o f the contracting officer— the Interior, whenever practicable, to (hereinafter referred to as the Board) appeal file. afford the public an opportunity to par­ consists of regular members named by ticipate in the rule-making process. Ac­ Following receipt of a notice of ap­ the Secretary of the Interior (one of peal, or advice that an appeal has been cordingly, interested persons may submit those members is designated as Chair­ written comments, suggestions of objec­ filed, the contracting officer shall man by the Secretary), and alternate promptly, and in any event within 30 tions with respect to the material set members who may be named by the Sec­ forth below to the Chairman, Board of days, compile and transmit to the Board retary to serve, when necessary, in place and to the Department counsel the ap­ Contract Appeals, Department of the In ­ of or in addition to regular members. terior, Washington, D.C. 20240, within peal file (copies of all documents per­ (d) The Chairman of the Board may tinent to the appeal). The appeal file 15 days of the date of publication of this direct that an appeal may be decided notice in the F ederal R eg ist e r . shall include the following: by -a panel of any two members of the (a) The findings of fact and the de­ §4.0 Authority; guidelines; member­ Board, but if they are unable to agree cision from which the appeal is taken, ship ; decisions. upon a decision, the Chairman may and the letter or letters or other docu­ (a) The Board of Contract Appeals Isassign one or more additional members ments of claim in response to which the the authorized representative of the Sec­ to consider the appeal. When an appeal decision was issued; retary for the purpose of hearing, con­ is considered by three or more members (b) The contract, and pertinent plans, sidering and determining, as fully and of the Board, the concurrence of a ma­ specifications, amendments, and change finally as might the Secretary: jority shall be sufficient for a decision. orders; (1) Appeals by contractors from deci­ R u l e s (c) Correspondence between the par­ sions of contracting officers of any bu­ ties and other data pertinent to the reau or office of the Department of the PRELIMINARY PROCEDURES appeal ; Interior, or their authorized representa­ § 4.1 Appeals, how taken. (d) Transcripts of any testimony taken during the course of proceedings, tives or other authorities, on disputed Notice of an appeal must be in writing, Questions, taken pursuant to the provi­ and affidavits or statements of any and the original, together with two witnesses on the matter in dispute made sion of contracts requiring the determi­ copies, may be filed with the contracting nation of such appeals by the head of the prior to the filing of the notice of appeal officer from whose decision the appeal with the Board; agency or his dOly authorized represent­ is taken. The notice of appeal must be ative or board. The Board’s authority, (e) Such additional information as mailed or otherwise filed within the time may be considered material. however,'does not include the Secretary’s specified therefor in the contract. special power granted by 16 U.S.C. sec­ Upon completion of the appeal file, tion 832a(f) (1964) to modify, adjust, or § 4.2 Contents of notice o f appeal. the contracting officer shall notify the cancel contracts, or to compromise or A notice of appeal should indicate that appellant, provide him with a listing of finally settle claims arising thereunder, an appeal is thereby intended, and its contents, and afford him an opportu­ upon such terms and conditions and in should identify the contract (by num­ nity to examine the same at the office such manner as the Secretary (or his ber), the Department’s bureau or office of the contracting officer, or at the office delegatee, the Bonneville Power Admin­ cognizant of the dispute, and the deci­ of the Board for the purpose of satisfy­ istrator) may deem necessary. sion from which the appeal is taken. ing himself as to the contents, and fur­ (2) When an appeal is taken pursuant The notice of appeal should be signed nishing or suggesting any additional to a disputes clause in a contract which personally by the appellant (the con­ documentation deemed pertinent to the

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5174 PROPOSED RULE MAKING appeal. With his transmittal to the peal, permit either party to amend his (b) The possibility of obtaining stip­ Board, the contracting officer shall cer­ pleading upon conditions just to both ulations, admissions, agreements on doc­ tify that the appellant has been provided parties. When issues within the proper uments, understandings on matters al­ with the above-described listing in ac­ scopa of the appeal, but not raised by the ready of record, or similar agreements cordance with the provisions of § 4.16 pleadings or the documentation described which will avoid unnecessary proof; (Rule 16). in § 4.4 (Rule 4) are tried by express or (c) The limitation of the number of implied consent of the parties, or by per­ expert witnesses, or avoidance of similar § 4.5 Dismissal for lack of jurisdiction. mission of the Board, they shall be cumulative evidence, if the case is to be Any motion addressed to the jurisdic­ treated in all respects as if they had been heard; tion of the Board shall be promptly raised therein. In such instances motions (d) The possibility of agreement dis­ filed. Hearing on the motion shall be to amend the pleadings to conform to posing of all or any of the issues in afforded on application of either party, the proof may be entered, but are not re­ dispute; unless the Board determines that its quired. If evidence is objected to at a (e) Such other matters as may aid in decision on the motion will be deferred hearing on the ground that it is not the disposition of the appeal. pending hearing on both the merits and within the issues raised by the pleadings A n y conference results that are not re­ the motion. The Board shall have the or said documentation (which shall be flected in a transcript shall be reduced right at any time and on its own motion deemed part of the pleadings for this to writing by the Board member or exam­ to raise the issue of its jurisdiction to purpose), it may be admitted within the iner. This writing shall thereafter con­ proceed with a particular case, and shall proper scope of the appeal; provided, stitute part of the record. do so by an appropriate order, affording however, that the objecting party may be the parties an opportunity to be heard granted a continuance if necessary to en­ § 4.11 Submission without a hearing. thereon. able him to meet such evidence. Either party may elect to waive a hear­ § 4.6 Pleadings. § 4.8 Hearing— election. ing and to submit his case upon the Board record, as settled pursuant to § 4.13 (a) Within 30 days after receipt of Within 15 days after the Government’s (Rule 13). In the event of such election notice of docketing of the appeal, the answer has been served upon the appel­ (see the time limitations for election in appellant shall file with the Board an lant, or within 20 days of the date upon § 4.8 (Rule 8)), the submission may be original and one copy of a complaint which the Board enters a general denial supplemented by oral argument (trans­ setting forth simple, concise and direct on behalf of the Government, notifica­ cribed if requested) and by briefs. statements of each of his claims, alleg­ tion as to whether one or both of the ing the basis with appropriate reference parties desire an oral hearing on the § 4.12 Accelerated procedure. to contract provisions for each claim, appeal should be given to the Board. In When a very strong showing is made and the dollar amount claimed. This the event either party requests an oral that there is a reason (e.g. hardship to pleading shall fulfill the generally recog­ hearing, the Board will schedule the same the contractor) for utilization of an ac­ nized requirements of a complaint, al­ as hereinafter provided. In the event celerated procedure, the Board will un­ though no particular form or formality both parties waive an oral hearing, the dertake to issue an appeal decision on an is required. In addition, a copy of the Board, unless it directs an oral hearing, expedited basis, without regard to the complaint will be served by the appellant will decide the appeal on the record be­ normal position of the appeal on the upon the Solicitor, U.S. Department of fore it, supplemented as it may permit or docket. Under this accelerated procedure, -the Interior, C between 18th and 19th direct. A party failing to elect an oral the case will be further expedited if the Streets NW., Washington, D.C. 20240, in hearing within the time limitations spec­ parties elect to waive pleadings and elect accordance with § 4.16 (Rule 16). Should ified in this section may be deemed to to waive a hearing, thus submitting the the complaint not be received within 30 have submitted its case on the rècord. matter for decision on the record. In days, appellant’s claim and appeal may, if all other respects these rules will apply. in the opinion of the Board the issues § 4.9 Prehearing briefs. before the Board are sufficiently defined, Based on an examination of the appeal § 4.13 Settling of the record. be deemed to set forth his complaint and file, the pleadings, and a determination (a) A case submitted on the'record the Department counsel shall be so of whether the arguments and authori­ pursuant to § 4.11 (Rule 11) shall be notified. ties addressed to the issues are ade­ ready for decision when the parties are so (b) Within 30 days from receipt of quately set forth therein, the Board may notified by the Board. A case which is said complaint, or the aforesaid notice in its discretion require the parties to heard shall be ready for decision upon from the Board, the Department counsel submit prehearing briefs in any case receipt of transcript, or upon receipt of shall prepare and file with the Board an in which a hearing has been elected pur­ briefs when briefs are to be submitted. original and one copy of an answer suant to § 4.8 (Rule 8). In the absence At any time prior to the date that a case thereto, setting forth simple, concise, and of a Board requirement therefor, either is ready fdr decision, either party, upon direct statements of the Government’s party may in its discretion, and upon notice to the other, may supplement the defenses to each claim asserted by appel­ appropriate and sufficient notice to the record with documents and exhibits lant. This pleading shall fulfill the gen­ other party, furnish a prehearing brief deemed relevant and material by the erally recognized requirements of an to the Board. In any case where a pre- Board. The Board upon its own initiative answer, and shall set forth any affirma­ hearing brief is submitted, it shall be fur­ may call upon either party, with appro­ tive defenses or counterclaims, as appro­ nished so as to be received by the Board priate notice to the other, for evidence priate. One copy o f the answer will be at least 15 days prior to the date set for deemed by it to be relevant and material. served by the Government upon the ap­ hearing, and a copy shall simultaneously The weight to be attached to any evi­ pellant in accordance with § 4.16 (Rule be furnished to the other party as pre­ dence of record will rest within the sound 16). Should the answer not be received viously arranged. discretion of the Board. Either party may within 30 days, the Board may, in its at any stage of the proceeding, on notice § 4.10 Prehearing or presubmission con­ to the other party, raise objection to ma­ discretion, enter a general denial on be­ ference. half of the Government, and the appel­ terial in the record or offered into the lant shall be so notified. Whether the case is to be submitted record, on the grounds of relevancy ana without a hearing, or heard pursuant to materiality. . § 4.7 Amendments o f pleadings or §§ 4.17 through 4.25 (Rules 17 through (b) The Board record shall consist oi record. 25), the Board may upon its own initia­ the appeal file described in § 4.4 (Rule 4) (a) The Board upon its own initiative tive or upon the application of either and any additional material, pleadings, or upon application by a party may, in its prehearing or party, call upon the parties to appear prehearing briefs, record of discretion, order a party to make a more presubmission conferences, depositions, definite statement of the complaint or before a member òr examiner of the interrogatories, admissions, transcripts answer, or to reply to an answer. Board for a conference to consider : of hearing, hearing exhibits, and post­ (b) The Board may, in its discretion, (a) The simplification or clarification hearing briefs, as may thereafter be de­ and within the proper scope of the ap- of the issues; veloped pursuant to the rules in this pan.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 PROPOSED RULE MAKING 5175

In deciding appeals the Board in addi­ ceipt shall be the date of service. Waiver ing. The parties may stipulate the testi­ tion to considering the Board record may of the service of any papers may be noted mony that would be given by a witness if take official notice of facts within gen­ thereon or on a copy thereof or on a the witness were present. The Board may eral knowledge. separate paper, signed by the parties and in any case require evidence in addition (c) This record will at all times befiled with the Board. to that offered by the parties. available for inspection by the parties at ea r in g s § 4.21 Examination of witnesses. an appropriate time and place. In the in­ H terest of convenience, prior arrangements § 4.17 Where and when held. Witnesses before the Board will be ex­ for inspection of the file should be made Hearings may be held in Washington, amined orally under oath or affirmation, with the Recorder of the Board. Copies of D.C., or upon request seasonably made unless the facts are stipulated, or the material in the record may, if practicable, and upon good cause shown, the Board presiding Board member or examiner be furnished to appellant at the cost of may in its discretion set the hearing on shall otherwise order. If the testimony of reproduction. an appeal at a location other than Wash­ a witness is not given under oath the pre­ siding Board member or examiner shall § 4.14 Depositions. ington,’ D.C. Hearings will be scheduled Call to the attention of the witness the (a) When permitted. After an appeal at the discretion of the Board with due consideration to the regular order of ap­ provisions of title 18, United States Code, has been docketed, the Board may, for sections 287 and 1001, prescribing penal­ good cause shown, order the taking of peals and other pertinent factors. On request or motion by either party and ties for knowingly making false represen­ testimony of any person by deposition tations in connection with claims against upon oral examination or written inter­ upon good cause shown, the Board may in its discretion advance a hearing. the United States or in any matter within rogatories' before any officer authorized the jurisdiction of any department or to administer oaths at the place of ex­ § 4.18 Notice o f hearings. agency thereof. amination, for use as evidence or for The parties shall be given at least 15 § 4.22 Copies of papers. purpose of discovery. The application for days’ notice of the time and place set order shall specify whether the purpose for hearings. In scheduling hearings, the When books, records, papers, or docu­ of the deposition is discovery or for use Board will give due regard to the desires ments have been received in evidence, a as evidence. of the parties, and to the requirement true copy thereof or of such part thereof (b) Orders on depositions. The time, for just and inexpensive determination as may be material or relevant may be place, and manner of taking depositions of appeals without unnecessary delay. substituted therefor, during the hearing shall be governed by orders of the Board. or at the conclusion thereof. (c) Use as evidence. No testimony Notices of hearing shall be promptly acknowledged by the parties. A party § 4.23 Posthearing briefs. taken by deposition shall be considered as part of the evidence in the hearing failing to acknowledge a notice of hear­ Posthearing briefs may be submitted of an appeal unless and until such testi­ in g shall be deemed to have consented upon such terms as may be agreed upon to the indicated time and place of by the parties and the presiding Board mony is offered and received in evidence hearing. at such hearing. It will not ordinarily member or examiner at the conclusion be received in evidence if the deponent is § 4.19 Unexcused absence of a party. of the hearing. present and can testify personally at the The unexcused absence of a party at § 4.24 Transcript of proceedings. hearing. In such instance, however, the the time and place set for hearing will Testimony and argument at hearings deposition may be used to contradict or not be occasion for delay. In the event impeach the testimony of the witness shall be reported verbatim, unless the of such absence, the hearing wall proceed Board otherwise orders. Transcripts of given at the hearing. In cases otherwise and the case will be regarded as sub­ heard on the record, the Board may, on the proceedings shall be supplied to the mitted by the absent party as provided parties at such rates as may be fixed by motion of either party and in its dis­ in §4.11 (Rule 11). The Board shall cretion, receive depositions as evidence to contract between the reporter and the supplement the record. notify the absent party of the proceed­ Department of the Interior agency or ings had and shall advise him that he (d) Expenses. All expenses of taking office which is involved in the appeal, the deposition of any person shall be has 5 days from the receipt of such or equivalent rates if the proceedings bome by the party taking that deposi­ notification within which to show cause are reported by an employee of the tion, except that the other party shall be why the appeal should not be decided Government. on the record made. entitled to copies of the transcript of the § 4.25 Withdrawal of exhibits. deposition only upon paying therefor. § 4.20 Nature o f hearings. After a decision has become final, the § 4.15 Interrogatories to parties; inspec­ Hearings shall be as informal as may Board may, upon request and after notice ts011 of documents; admission of be reasonable and appropriate in the to the other party, in its discretion per­ facts. circumstances. Appellant and respondent mit the withdrawal of original exhibits, For good cause shown, the Board may may offer at a hearing on the merits such or any part thereof, by the party entitled permit a party to serve written interroga- relevant evidence as they deem appropri­ thereto. The substitution of true copies tones upon the opposing party, order a ate and as would be admissible under the of exhibits or any part thereof may be Party to produce and permit inspection generally accepted rules of evidence ap­ required by the Board in its discretion + copying or Photographing of desig­ plied in the courts of the United States as a condition of granting permission for nated documents relevant to the appeal, in nonjury trials, subject, however, to the such withdrawal. sound discretion of the presiding member or permit the serving on the opposing § 4.26 Practice before Board. Party of a request for admission of facts, or examiner in supervising the extent and ouch permission will be granted and or- manner of presentation of such evidence. Representation of a contractor before aers entered as are consistent with the In general, admissibility will hinge on the Board is governed by Part 1 of this oDjective of securing just and inexpen- relevancy and materiality. Letters or subtitle, which regulates practice before e determination of appeals 'without copies thereof, affidavits, or other evi­ the Department of the Interior. unnecessary delay. dence not ordinarily admissible under the generally accepted rules of evidence, may § 4.27 Representation o f the Govern­ § 4.16 Service o f papers. be admitted in the discretion of the pre­ ment. n JS ? Ceu paPers in all proceedir siding member or examiner. The weight Department counsel designated by the npr<^5nbefore the Board may be ma to be attached to evidence presented in Solicitor of the Department represents any particular form will be within the Personally, or by mailing the same ir the agencies, bureaus, and offices cog­ discretion of the Board, taking into con­ sealed envelope, registered, or certifii nizant of the disputes brought before the Postage prepaid, addressed to the pai sideration all the circumstances of the particular case. Stipulations of fact Board. They shall file notices of appear­ upon whom service shall be made and t agreed upon by the parties may be re­ ance with the Board, and shall notify a e of delivery as shown by return ] garded and used as evidence at the hear­ the appellant or his attorney that they

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5176 PROPOSED RULE MAKING represent the Government. The Depart­ tion having a substantial bearing upon a variation, to appear as §§ 462.29 and ment counsel shall represent the Govern­ an appeal from persons who do not repre­ 462.30 of that part with an added un­ ment in the same manner as a private sent a party in the appeal, but nonethe­ designated centerhead, is proposed as advocate represents a client. less have an interest in the decision to follows: be rendered. § 4.28 Decisions. C e r t a in E m p l o y e e B e n e f it P lan s U t i­ § 4.33 Effective date and applicability. l iz in g t h e C o n t in e n t a l A ssurance Decisions of the Board will be made in Co. writing. Copies thereof will be forwarded The revised rules in this part shall simultaneously to both parties by cer­ take effect 60 days following publication § 462.29 Rule o f variation. tified mail. The rules of the Board and in the F ederal R egister. They shall not Every employee benefit plan which all final orders and decisions (except apply to appeals which have been dock­ utilizes the Continental Assurance Co., those that under applicable law should eted prior to their effective date, except 310 South Michigan Avenue, Chicago, be held confidential and not cited as prec­ as otherwise directed by the Board and 111. 60604, to provide benefits and which edents) shall be open for public inspec­ agreed to by the parties. presently is required under section 7(d) tion at the offices of the Board. Decisions G eorge E. R o b in s o n , (2) (A) of the Welfare and Pension of the Board will be made upon the rec­ Deputy Assistant Secretary Plans Disclosure Act to attach to its ord, as described in §4.13 (Rule 13). for Administration. annual report filed with the Secretary § 4.29 Motions for reconsideration. M arch 6,1969. of Labor pursuant to section 8(b) of the Act, a copy of the financial report of A motion for reconsideration, if filed [F.R. Doc. 69-3029; Filed, Mar. 12, 1969; by either party, shall set forth specifically 8:47 a.m.] the Continental Assurance Co. will no longer be required to do so, subject to the ground or grounds relied upon in the following conditions. support of the motion, and shall be filed within 30 days from the date of the re­ DEPARTMENT OF LABOR § 462.30 Conditions o f variation. ceipt of a copy of the Board’s decision (a) The Continental Assurance Co. by the party filing the motion. Recon­ Office of Labor-Management and shall: sideration of a decision, which may in­ Welfare-Pension Reports (1) Submit to the Office of Labor- clude a hearing or rehearing, may be Management and Welfare-Pension Re­ granted if, in the judgment of the Board, E 29 CFR Part 4$2 1 ports, within 120 days after the end of sufficient reason therefor appears. CERTAIN EMPLOYEE BENEFIT PLANS its fiscal year, 10 copies of its latest § 4.30 Dismissal without prejudice. financial report, including the company’s UTILIZING CONTINENTAL ASSUR­ complete name and address in each copy. In certain cases, appeals docketed be­ ANCE CO. . fore the Board reach a stage where the (2) Thereafter make timely written notification to each plan administrator Board is unable to proceed with disposi­ Notice of Proposed Rule Making of a participating employee benefit plan tion thereof for reasons not within the Where benefits under an employee control of the Board. In any such case heretofore required to submit a copy of benefit plan are provided by an insurance such financial report under section 7(d) where the inability to take action upon carrier or service or other organization the appeal has continued, or _t appears (2) (A) of the Act that the Continental which does not maintain separate ex­ Assurance Co. has submitted its latest that it will continue, for an inordinate perience records covering the specific length of time, the Board may in its financial report to the Office of Labor- groups it serves, section 7(d) (2) (A ), 29 Management and Welfare-Pension discretion dismiss such appeal from its U.S.C. 306(d) (2) (A), of the Welfare and docket without prejudice to its restora­ Reports. Pension Plans Disclosure Act (herein­ (b) In lieu of submitting to the Office tion when the cause of delay has been after the Act) requires a copy of the removed, and when the parties have of Labor-Management and Welfare- financial report of the carrier or other Pension Reports the financial report of complied with conditions specified by organization to be included with the the Board in its dismissal order. „ the Continental Assurahce Co., each annual report of the plan. Section 5(a) plan administrator of an employee bene­ § 4.31 Remands from courts. of the Act, 29 U.S.C. 304(a), provides, fit plan to which this variation applies Whenever any matter is remanded to among other things, that if information shall report in part III, section D of De­ the Board from any court for further required to be published under the Act partment of Labor Annual Report Form proceedings, each of the parties shall, would be “ duplicative” , the Secretary D-2, or attachment thereto, the complete within 20 days of such remand, submit of Labor may prescribe another manner name and address of the Continental a report to the Board, recommending for the publication of such information. Assurance Co. and shall indicate that the procedures to be followed in order to By petition dated August 28, 1968, and financial report of said company is on comply with the court’s order. The Board amended January 22, 1969, the Conti­ file with the Office of Labor-Management will review the reports and enter special nental Assurance Co., 310 South Michi­ and Welfare-Pension Reports. orders governing the handling of matters gan Avenue, Chicago, 111. 60604, assert­ (c) ThePcontinental Assurance Co. is remanded to it for further proceedings ing that it funds over 1,500 employee cautioned that: benefit plans with respect to which it by any court. To the extent the court’s (1) This variation does not apply to does not maintain separate experience directive and time limitations will per­ any employee benefit plan for which records, requested a variation from the mit, such orders will conform to the the Continental Assurance Co. maintains requirement of section 7(d) (2) (A ) that rules in this part. separate experience records, since such each of the plans attach to its annual plans are not required to file financial § 4.32 Standards o f conduct. report filed with the Secretary of Labor reports of the carrier under section 7(d) pursuant to section 8(b) of the Act, 29 No member of the Board shall consider (2). an appeal if he has participated in the U.S.C. 307(b), a copy of the financial (2) This variation does not a f f e c t the awarding or administration of the report of the Continental Assurance Co. It appears that the requirement of sec- responsibilities of the Continental As­ contract in question. There shall be no surance Co. to comply with the certifica­ communication between any party to an tioii 7(d) (2) (A) of the Act, as described above, is “ duplicative” within the mean­ tion requirements of section 7 (g) appeal and a Board member or Board Act (29 U.S.C. 306(g)) and Part » » employee concerning the merits of the ing of section 5(a) of the Act when appeal, unless such communication (if applied to the employee benefit plans of this chapter. written) is also furnished to the other which utilize the Continental Assurance Pursuant to 29 CFR 462.7(c), inter­ party to the appeal, or, (if oral) is made Co. Therefore, in accordance with section ested persons may within 15 days from in the presence of the other party. The 5(a) of the Welfare and Pension Plans the date of publication of this prop°s, Board also shall exercise care to avoid Disclosure Act, Subpart A of Part 462, variation in the F ederal R egister file o - receiving, except as part of the formally Code of Federal Regulations, and Secre­ jections thereto. Such objections shah established appeal record, any informa­ tary’s Order No. 16-68 (33 F.R. 15574), in writing and addressed to the Direct# ,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 PROPOSED RULE MAKING 5177

Office of Labor-Management and Wel­ Additional Standards: Plasma (H u m a n ) (Human), except pooled antihemophilic fare-Pension Reports, Room 801, 8701 Sec. pl^isni ** Georgia Avenue, Silver Spring, Md. 73.330 Proper name and definition. 5. Amend § 73.73(f) (8) by deleting the 20910, and shall show wherein the person 73.331 Pooling prohibited. words “ Normal Human Plasma, Anti­ filing will be adversely affected by the 73.332 Suitability of donor. hemophilic Plasma (Human)” and in­ proposed variation and shall specify with 73.333 Collection of the blood. serting in lieu thereof “pooled antihemo­ 73.334 Plasmapheresis. philic Plasma (Human) ”. particularity the provisions of the pro­ 73.335 Laboratory tests. posed variation deemed objectionable 73.336 Pilot samples. As thus amended subparagraphs (4) and the grounds for the objections. If 73.337 Processing. and (8) will read as follows: such interested person desires a hearing, 73.338 General requirements. § 73.73 Sterility. he shall file a request for a hearing with 73.339 Modifications for specific products. his objections. Objections may be accom­ 73.340 Labeling. * * * * * panied by a memorandum or brief in (f) Exceptions. * * * 2. Amend § 73.38 by deleting “Anti­ (4) Test precluded or not required. support thereof. All documents shall be hemophilic Plasma (Human), Packed filed in triplicate. The tests prescribed in this section need Red Blood Cells (Human), Single Donor not be performed for Whole Blood (Hu­ (Sec. 5, 72 Stat. 999; 76 Stat. 36; 29 U.S.C. Plasma (Human), Normal Human Plas­ 304) man) , Red Blood Cells (Human), Plasma ma”, from the first sentence and by in­ (Human), except pooled antihemophilic Signed at Washington, D.C., this 6th serting in lieu thereof the words “Plas­ plasma, Smallpox Vaccine and other day of March 1969. ma (Human) obtained from a single similar products concerning which the donor, Red Blood Cells (Human)” . As W. J. U s e r y , Director, National Institutes of Health, Assistant Secretary for thus amended the first sentence of § finds that the mode of administration, Labor-Management Relations. 73.38 will read as follows: the method of preparation or the special [F.R. Doc. 69-3032; Filed, Mar. 12, 1969; § 73.38 Retention samples. nature of the product precludes or does 8:47 a.m.] Manufacturers shall retain for a pe­ not require a sterility test. riod of at least 6 months after the expi­ ***** ration date a quantity of representative (8) Samples— large volume of product material of each lot of each product, in final containers. For Normal Serum DEPARTMENT OF HEALTH, EDU­ sufficient for examination and testing Albumin (Human), pooled antihemo­ for safety, and potency, except Whole philic Plasma (Human), Plasma Protein CATION, AND WELFARE Blood (Human), Plasma (Human) ob­ Solution (Human), and Fibrinogen Public Health Service tained from a single donor, Red Blood (Human), when the volume of product Cells (Human) and Allergenic Prod­ in the final container is 50 ml. or [ 42 CFR Part 73 1 ucts prepared to physician’s prescrip­ more, the final containers selected as tion. * * * the test sample may contain less than BIOLOGICAL PRODUCTS 3. Amend § 73.40 by deleting the words the full vôlume of product in the final containers of the filling from which the Additional Standards; Plasma (Hu­ “Single Donor Plasma (Human)” and sample is taken: Provided, That the con­ “Packed Red Blood Cells (Human) ” and man) and Packed Red Blood tainers and closures of the sample are inserting in lieu thereof,' respectively, Cells (Human) identical with those used for the filling “Plasma (Human) ” and “Red Blood Notice is hereby given that the Di­ to which the test applies and the sample Cells (Human) ” and listing the products represents all stages of that filling. rector, National Institutes of Health, in alphabetical order. As thus amended proposes to amend Part 73 of the Public the section will read as follows: ***** Health Service Regulations by prescrib­ 6. Amend § 73.74(b) by deleting the ing specific standards of safety, purity, § 73.40 Temperatures during shipment. words “Single Donor Plasma (Human) ” and potency for the manufacture of The following products shall be main­ and inserting in lieu thereof the words plasma separated from human blood and tained during shipment at the specified “Plasma (Human), except pooled anti­ make certain other conforming changes. temperatures: hemophilic plasma” . ‘ Except as may otherwise be provided in Product Temperatures 7. Amend § 73.74(b) (1) by deleting the Part 73, the proposed amendments would Plasma (Hum an), words “ Normal Human Plasma” and in­ prohibit pooling at any stage of the Frozen ______— 18° C. or colder. serting in lieu thereof “pooled antihemo­ plasma manufacturing process. Poliovirus Vaccine,' philic Plasma (Human) ”. As thus Notice is also hereby given that the Live, Oral, Type 1. amended, the introductory text of (b) * Director, National Institutes of Health, Poliovirus Vaccine, and subparagraph (1) will read a« Live, Oral, Type 2. A temperature which proposes to amend Part 73 of the Public will maintain ice follows: Poliovirus Vaccine, Health Service Regulations by amending continuously in a Live, Oral, Type 3. § 73.74 Purity. the Additional Standards applicable to solid state. Poliovirus Vaccine, ***** Packed Red Blood Cells (Human). Live, Oral, Triva­ Inquiries may be addressed, and data, lent. (b) Test for pyrogenic substances. views, and arguments may be presented Red Blood Cells (H u­ Each lot of any product intended for use by interested parties, in writing, in trip­ m an) ______Between 1° and 10° by injection shall be tested for pyrogenic licate, to the Director, National Institutes C. substances by intravenous injection into of Health, Public Health Service, 9000 Smallpox Vaccine, rabbits as provided in subparagraphs L iq u id ______A temperature which (1) and (2) of this paragraph : Rockville Pike, Bethesda, Md. 20014. All will maintain ice Provided,'' relevant material received not later than continuously in a That notwithstanding any other provi­ 30 days after publication of this no­ solid state. sion of this part, the test for pyrogenic tice in the F ederal R egister will be Whole Blood (Hu­ substances is not required for the fol­ considered. man) ______Between 1° and 10* lowing products: Products containing C. Notice is also hereby given that it is formed blood elements; Plasma (Hu­ Yellow Fever Vaccine- A temperature which man) , except pooled antihemophilic Proposed to make any amendments that will maintain ice are adopted effective 30 days after pub­ plasma; Normal Horse Serum; Normal continuously in a Rabbit Serum; bacterial, viral and rick­ lication in the F ederal R eg ist e r . solid state. ettsial vaccines and antigens; toxoids; Amend Part 73 of the Public Health 4. Amend § 73.73(f) (4) by deleting thetoxins; allergenic extracts; venoms; di­ ervice Regulations as set forth below: words “ Packed Red Blood Cells (Hu­ agnostic substances and trivalent organic the following to the table of man), Single Donor Plasma (Human)” arsenicals. ments1”8 a^ r “ ^.327 General require- and by inserting in lieu thereof the words (1) Test dose. The test dose for each “Red Blood Cells (Human), Plasma rabbit shall be at least 3 milliliters per

FEDERAL REGISTER, VOL. 34> NO. 49— THURSDAY, MARCH 13, 1969 5178 PROPOSED RULE MAKING kilogram of body weight of the rabbit Plasma ratio of the various protein components, and also shall be at least equivalent pro­ (H u m a n )___ (b ) Fresh frozen: O n e as shown by electrophoresis, fall within year, provided labeling portionately, on a body weight basis, to normal limits. A donor shall not serve as recommends storage at a source of plasma while there is any the maximum single human dose recom­ — 18° C. or colder. Sec­ mended, but need not exceed 10 ml. per tion 73.84 does not apply. significant Change in his health, or in the kilogram of body weight of the rabbit, (c) Platelet rich: 24 hours values of these initial determinations. except that: (i) Regardless of the human after blood collection Periodic determinations shall be made dose recommended, the test dose per kilo­ provided labeling rec­ as frequently as necessary to monitor gram of body weight of each rabbit shall ommends storage at 20 these evaluations. be, at least 1 milliliter for immune glob­ 22° C. Section 73.84 does (d) No more than 1,000 ml. of plasma ulins derived from human blood, at not apply. may be removed from a donor in a 7- least 3 milliliters for pooled antihemo­ (d ) Pooled antihemo­ day period, and no more than 500 ml. of, philic: One year after plasma in a 48-hour period. philic Plasma (Human), and at least 30 blood coUection, provid­ milligrams for Fibrinogen (Human); (ii) ed labeling recommends § 73.335 Laboratory tests. for Streptokinase, Streptokinase-Strep- storage at no warmer todomase, Aggregated Radio-Iodinated than 37° C. Section 73.84 At the time of collection a sample of (P 31) Albumin (Human), Radio-Chro- does not apply. source blood shall be taken from the mated (Cr®1) Serum Albumin (Human), donor, which shall be used for a serologi­ 10. Add the following after § 73.327: Radio-Iodinated (I125) Serum Albumin cal test for syphilis and for tests to de­ (Human) and Radio-Iodinated (P 31) A d d it io n a l S t a n d a r d s: P lasm a (H u m a n ) termine blood group and Rh factors, as prescribed in § 73.303 (a), (b), and (c). Serum Albumin (Human), the test dose § 73.330 Proper name and definition. shall be at least equavent proportionately § 73.336 Pilot samples. The proper name of this product shall on a body weight basis to the maximum Pilot samples collected in integral tub­ single human dose recommended. be Plasma (Human). The product is de­ ing or separate tubes shall meet the fol­ £ * * * ♦ fined as, and these additional standards are applicable to, all plasma which has lowing standards: 8. Amend § 73.82 by inserting the fol­ been separated from human blood. (a) Plasma (Human) when issued lowing two sentences immediately pre­ shall be accompanied by one or more ceding the last sentence: “Pooled anti­ § 73.331 Pooling prohibited. pilot samples of that unit of plasma. hemophilic Plasma (Human) shall have Plasma (Human) shall be derived from (b) Before they are filled, all tubes a potency of not less than 0.7 unit of blood from a single donor and not pooled for pilot samples shall be marked or antihemophilic factor per milliliter. For with that of another donor except when identified so as to relate them to the this purpose one unit of antihemophilic prepared for the treatment of hemophilia , donor of that unit of plasma. factor is the equivalent of the activity A as set forth in § 73.339(c). (c) At the time the final product is present in 1.0 ml. of plasma pooled from prepared, pilot sample tubes shall be at least 10 donors and tested within 3 § 73.332 Suitability of donor. attached securely to the final container hours of collection of the first unit rep­ Blood for Plasma (Human) shall be in a tamperproof manner that will resented in the pool.” obtained only from a donor who meets conspicuously indicate removal and As thus amended § 73.82 will read as the criteria for donor suitability pre­ reattachment. follows: scribed in § 73.301, except that when the (d) All pilot sample tubes shall be filled at the time the final product is § 73.82 Limits of potency. blood is obtained by plasmapheresis, par­ agraph (f) thereof is not applicable. prepared, by the person who prepares the Diphtheria Antitoxin shall have a final product. potency of not less than 500 units per § 73.333 Collection of the blood. milliliter. Tetanus Antitoxin shall have Blood for Plasma (Human) shall be § 73.337 Processing. a patency of not less than 400 units per collected as prescribed in § 73.302 except (a) Separation. Plasma (Human) shall milliliter. Scarlet Fever Streptococcus paragraphs (d )(2 ), (g), and (h ). The be separated from the red blood cells no Antitoxin shall have a potency of not following anticoagulant also may be later than 21 days after the date of blood less than 400 units per milliliter. Pertus­ used: . collection and shall be stored at —18° C. or colder, beginning no later than 1 horn sis Vaccine shall have a potency of 12 A nticoagulant Sodium Citrate So lu tio n units per total human immunizing dose. after transfer to the final container, in Pooled antihemophilic Plasma (H um an)' Tri-sodium citrate a manner that will show evidence of shall have a potency of not less than 0.7 (Na3C6H507 • 2H20) ______— . 40 gm. thawing and refreezing. Water for injection (U.S.P.) to th a t unit of antihemophilic factor per milli­ m a k e ______1,000 ml. (b) Sterile system. All surfaces liter. For this purpose one unit of anti­ Volume per 100 ml. of blood____ 10 ml. come in contact with the plasma s h a ll be hemophilic factor is the equivalent of the sterile and pyrogen-free. I f an open sys­ activity present in 1.0 ml. of plasma § 73.334 Plasmapheresis. tem is used, that is, where the blood pooled from at least 10 donors and tested * The procedures used for plasmaphere­ container or any integral part of it is within 3 hours of collection of the first sis shall be approved by the Director, Di­ entered after blood collection, the plasma unit represented in the pool. Products vision of Biologies Standards, and shall shall be separated from the r e d blood dispensed in the dried state shall rep­ include as a minimum the following: cells directly into the final plasma con­ resent liquid products having these (a) Within no more than 1 week prior tainer. I f the method of separation in­ potency limitations. to the first plasmapheresis, the donor volves a vented system, that is, when an airway must be inserted in the c o n ta in e r § 73.86 [Amended] shall be examined and certified to be in good health by a physician on the prem­ for withdrawal of the plasma, the airway 9. Amend § 73.86 by deleting the prod­ constructed ises, as indicated by § 73.301(b), or the and vent shall be sterile and uct listings, dating periods and storage donor shall present a qualified physi­ so as to exclude microorganisms and temperatures for Antihemophilic Plasma maintain a sterile system. (Human), Normal Human Plasma and cian’s written certification that the donor is in good health. (c) Final container. Final containers Single Donor Plasma (Human) and by used for Plasma (Human), whether in­ inserting immediately after “ Plague Vac­ (b) A qualified physician shall super­ cine ______,____18 months (5° C., 1 vise the performance of plasmapheresis, tegrally attached or separated from the year).” the following: including the reinfusion of red cells. Rec­ original blood collecting container, shall ords shall be made and maintained of the P la s m a meet the requirements for blood con­ major pertinent elements of each donor’s tainers prescribed in § 73.304(c). At the (H u m a n )___ (a) Five years after blood physical condition. collection provided la­ time of filling, the final container shall (c) Before a second plasmapheresis is beling recommends stor­ be marked or identified by number or age at — 18° C. or colder. performed, laboratory tests shall be done Section 73.84 does not on samples of the donor's plasma to de­ other symbol so as to relate it to the apply. termine that the protein level and the donor.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 PROPOSED RULE MAKING 5179

§ 73.338 General requirements. (c) Antihemophilic plasma. Sections (e) A statement limiting administra­ (a) Manufacturing responsibility. All 73.335, 73.336, 73.337, 73.338, except para­ tion to group compatible recipients. steps in the manufacture of Plasma graph (a ), and 73:340 (a) and (e) are (f) I f plasma is frozen, a warning (Human), beginning with the collection not applicable to Plasma (Human) rec­ against use if theré is evidence of thawing of the source blood, shall be performed by ommended for the treatment of hemo­ during storage. the licensee. philia A prepared pursuant to this para­ (g) I f plasma is frozen, instructions to (b) Sterility test—vented systems. graph. Plasma (Human) for the treat­ thaw in a water bath maintained at not Each unit of plasma prepared in a vented ment of hemophilia A may be prepared warmer than 37° C. and to use the prod­ system shall be tested for sterility at the from plasma obtained from no more uct within one hour after thawing. time of preparation for freezing, as pre­ than 50 donors, provided the following (h) Instructions to use a filter in the scribed in § 73.73(a) (1) except that the conditions are met: administration equipment. test sample shall be no less than 1 ml. (1) The plasma is pooled aseptically, (i) Unless the plasma is prepared as taken from the aspirating set, which shall (2) Pinal containers are filled and described in § 73.339 (a) or (c ), a state­ be tested in a 1-10 proportion of product frozen within 8 hours after collection of ment that the product should not be used to medium. If the test shows evidence of the first unit of blood represented in the in the treatment of coagulation defects bacterial contamination, that unit of pooled plasma, and requiring labile plasma factors. frozen plasma may not be used for trans­ (3) The plasma is dried promptly 11. Amend the table of contents by fusion purposes .1 after freezing by a process of sublima­ deleting the title “Additional Standards: (c) Check on sterile technique—open, tion. Packed Red Blood Cells (Human) ” , the non-vented system. A sample of at least § 73.340 Labeling. section designations and titles from 1 ml. of at least one unit of plasma pre­ §§ 73.320 through 73.327 and insert in pared in each month shall be tested at In addition to the items required by lieu thereof the following: the time of preparation for freezing, as other applicable labeling provisions of this part, labels for Plasma (Human) A d d itio nal Standards : R ed Blood Cells prescribed in paragraph (b) of this (H u m a n ) section. shall bear the following: Sec. (d) Storage. Immediately after proc­ .(a) The information required by 73.320 Proper name and definition. essing, the plasma shall be placed in stor­ § 73.305 (a) (2), (b), and (c) for Whole 73.321 Suitability of donor. age and maintained at —18° C. or colder. Blood (Human), except the proper name. 73.322 Collection of the blood. (b) Immediately preceding and in no 73.323 Laboratory tests. (e) Inspection. The product shall be 73.324 Pilot samples. inspected immediately after separation less prominence than the proper name, the words “Single Donor” or “Antihemo­ 73.325 Processing. of the plasma. The product may not be 73.326 General requirements. issued if there is any abnormality in color philic” , as applicable. 73.327 Modifications for specific products. or physical appearance, or if there is any (c) Immediately following or im­ 73.328 Labeling. mediately below and in no less promi­ indication of microbial contamination, or § 73.86 [Am ended] if the product contains more than 20 nence than the proper name, appropriate mgm. of hemoglobin per 100 ml,, as esti­ words describing each approved varia­ 12. Amend § 73.86 by deleting the list­ mated by gross inspection. The product tion applicable to the product in the final ing, dating periods and storage tempera­ shall not be issued if at the time of issue container; for example, that the product tures for Packed Red Blood Cells (Hu­ there is any evidence of thawing. is fresh frozen, platelet rich, etc. man) and inserting immediately after (f) Reissue of plasma. Plasma (Hu­ (d) A statement of the method (s) of “Reagent Blood Group Specific Sub­ man) that has been removed from stor­ testing and the results of all tests for stances A and B ______Two age controlled by a licensed establish­ irregular antibodies, if performed. years.” the following: ment shall not be reissued by a licensed establishment unless the following con­ Red Blood Cells (Human)______(a) Twenty-one days from date of collection ditions have been met: of source blood, provided labeling recommends (1) The container has a tamperproof , storage between 1° and 10° C. and the seal when originally issued and the seal hermetic seal is not broken during processing. remains unbroken. Section 73.84 does not apply. Twenty-four hours after plasma removal, pro­ (2) It has been maintained continu­ vided labeling recommends storage between ously at —18° C. or colder. 9 1° and 10° C., if the hermetic seal is broken § 73.339 Modifications for specific prod­ during processing. Section 73.84 does not apply, ucts. (b ) Frozen: Three years, provided labeling rec­ omends storage at —80° C. or colder. Twenty- (a) Fresh frozen plasma. Plasma (Hu­ four hours after removal from —80° C. storage, man) recommended for the treatment of provided labeling recommends storage between coagulation defects shall be prepared 1° and 10° C. Section 73.84 does not apply. from blood collected with minimal dam­ age to and minimal manipulation of the 13. Substitute for the title “Additional§ 73.322 Collection o f the blood. donor’s tissue, with an uninterrupted, Standards: Packed Red Blood Cells (Hu­ free-flowing venipuncture. The product The source blood shall be collected as shall be separated from the red blood m an)” and §§ 73.320 through 73.327, the prescribed in § 73.302 except paragraphs cells and placed in a freezer at —18° C. following: (d) (2), (g ), and (h ). or colder within 4 hours after blood A d d it io n a l S tand ar d s: R ed B lood C e l l s § 73.323 Laboratory tests. collection and shall be-frozen within 6 (H u m a n ) hours after being placed in the freezer A sample of source blood shall be taken H* a manner that will show evidence of § 73.320 Proper name and definition. from the donor at the time of collection and it shall be used for a serological test thawing and refreezing. The proper name of this product shall for syphilis, for tests to determine blood (b) Platelet rich plasma. Plasma (Hu­ be Red Blood Cells (Human). The prod­ group and Rh factors, as prescribed in man) recommended as a source of plate­ uct is defined as red blood cells remain­ § 73.303 (a), tb), and (c). lets shall not be frozen and shall be pre­ ing after separating a major portion of pared in a closed system within 4 § 73.324 Pilot samples. the plasma from human blood. ours after blood collection by a method Pilot samples collected in integral ORr^A6/? a concentration of at least §73.321 Suitability o f donor. tubing or in separate pilot tubes shall ^0,000 platelets/mm8 with less than 20,- meet the following standards: 000 RBC/mms. The plasma shall be The source blood for Red Blood Cells (a) One or more pilot samples of either .a\ 20°- 22° C. immediately after (Human) shall be obtained from a donor riiv,ngi ffhhi container. Platelet who meets the criteria for donor suit­ the original blood or of the Red Blood cn plasma may not be reissued. ability prescribed in § 73.301. Cells (Human) being processed shall be

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 No. 49------5 5180 PROPOSED RULE MAKING provided with each unit of Red Blood (c) Storage. Immediately after proc­ Cells (Human) when issued or reissued. essing, the Red Blood Cells (Human) DEPARTMENT OF (b) Before they are filled, all pilot shall be placed in storage and maintained sample tubes shall be marked or identi­ within a 2° range between 1° and 6° C. TRANSPORTATION fied so as to relate them to the donor of (d) Inspection. The product shall be that unit of red cells. inspected immediately after separation Federal Aviation Administration of the plasma, periodically during stor­ (c) Before the final container is filled [ 14 CFR Part 71 1 or at the time the final product is pre­ age, and at the time of issue. The product pared, the pilot sample tubes to ac­ shall not be issued if there is any ab­ [Airspace Docket No. 69-SO-lO] normality in color or physical appearance company a unit of cells shall be attached FEDERAL AIRWAY securely to the final container in a tam­ or if there is any indication of microbial perproof manner that will conspicuously contamination. Proposed Alteration indicate removal and reattachment. § 73.327 Modifications for specific prod­ The Federal Aviation Administration (d) All pilot sample tubes accompany­ ucts. is considering an amendment to Part 71 ing a unit of Red Blood Cells (Human) Frozen Red Blood Cells (.Human). A of the Federal Aviation Regulations that shall be filled at the time the blood is cryophylactic substance may be added to would realign V-139 from Wilmington, collected or at the time the final product the Red Blood Cells (Human) for ex­ N.C., 1,200 feet AGL direct to New Bern, is prepared, in each instance by the per­ tended manufacturer’s storage at —80° N.C. V-139 is designated from Wilming­ son who performs the collection or prep­ C. or colder, provided the manufacturer ton, 1,200 feet AGL IN T Wilmington aration. submits data considered by the Director, 036° and New Bern 231° True radials; to § 73.325 Processing. Division of Biologies Standards, as ade­ New Bern. The action proposed herein would improve air navigation and reduce (a) Separation. Red Blood Cells quately demonstrating through in vivo the airway mileage between Wilmington (Human) may be prepared either by cell survival and other appropriate tests centrifugation done in a manner that and New Bern. that the addition of the substance, the Interested persons may participate in will not tend to increase the temperature materials used and the processing meth­ the proposed rule making by submitting of the blood, and no later than 6 days ods result in a final product that meets such written data, views, or arguments after the date of blood collection or by as they may desire. Communications normal, undisturbed sedimentation no the required standards of safety, purity, later than 21 days after the date of and potency for Red Blood Cells (Hu­ should identify, the airspace docket num­ blood collection. A portion of the plasma man), and that the frozen product will ber and be submitted in triplicate to the Director, Southern Region, Attention: sufficient to assure optimal cell preserva­ maintain those properties for the pre­ Chief, Air Traffic Division, Federal Avia­ tion shall be left with the red cells. scribed dating period. Section 73.326 (c) (b) Sterile system. All surfaces that tion Administration, Post Office Box and (d) do not apply when a cryophylac­ 20636, Atlanta, Ga. 30320. All commu­ come in contact with the red cells shall be sterile and pyrogen-free. I f an open tic substance is present. Additional quan­ nications received within 30 days after publication of this notice in the F ederal system is used, that is, where the transfer titative laboratory tests, appropriate for R eg ister will be considered before ac­ container is not integrally attached to the substance used, shall be performed the blood container, and the blood con­ tion is taken on the proposed amend­ on the product at the time of addition ment. The proposal contained in this no­ tainer is entered after blood collection, and removal of the cryophylactic tice may be changed in the light of com­ the plasma shall be separated from the substance. red blood cells with positive pressure ments received. maintained on the original container § 73.328 Labeling. An official docket will be available for until completely sealed. I f the method of examination by interested persons at the In addition to the items required by Federal Aviation Administration, Office separation involves a vented system, that other applicable labeling provisions of of the General Counsel, Attention: Rules is, when an airway must be inserted in the container for withdrawal of the this part, labels for Red Blood Cells (Hu­ Docket, 800 Independence Avenue SW., plasma, the airway and vent shall be man) shall bear the following: Washington, D.C. 20590. An informal sterile and constructed so as to exclude (a) The information required by § 73.- docket also will be available for examina­ tion at the office of the Regional Air microorganisms and maintain a sterile 305 (a) (2), (b ), and (c) for Whole Blood system. Traffic Division Chief. (Human), except the proper name. This amendment is proposed under (c) Final containers. Final containers (b) Immediately following or immedi­ the authority of section 307(a) of the used for Red Blood Cells (Human) may ately below and in no less prominence Federal Aviation Act of 1958 (49 U.S.C. be either the original blood containers 1348) and section 6(c) of the Depart­ or different containers and shall meet the than the proper name, appropriate words describing each approved variation ap­ ment of Transportation Act (49 U.S.C. requirements for blood containers pre­ 1655(c)). scribed in § 73.304(c). At the time of plicable to the product in the final con­ filling,' if a different container is used, tainer; for example, frozen, deglycero- Issued in Washington, D.C., on March 5, 1969. it shall be marked or identified by num­ lized, etc. ber or other symbol so as to relate it to T. M cC orm ack, the donor of that unit of red cells. (c) Instructions to use a filter in the administration equipment. Acting Chief, Airspace and § 73.326 General requirements. Air Traffic Rules Division• (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. (a) Manufacturing responsibility. All 216; sec. 351, 58 Stat. 702, as amended; 42 [F.R. Doc. 69-3040; Filed, Mar. 12, 1969; steps in the manufacture of Red Blood U.S.C. 262) 8:48 a.m.] Colls (Human) shall be performed as Dated: February 18,1969. prescribed in § 73.304(a). [1 4 CFR Part 71 1 (b) Check on sterile technique. A R obert Q . M a r s t o n , check on sterile technique shall be made Director, [Airspace Docket No. 68-CE-124] National Institutes of Health. each month for Red Blood Cells (Human) FEDERAL AIRWAY SEGMENTS prepared in a vented or open system by Approved: March 10, 1969. Proposed Designation, Alteration, performing a test 24 hours after its R o bert H. F in c h , preparation on at least one container of Secretary. and Revocation Red Blood Cells (Human), by the method [F.R. Doc. 69-3051; Filed, Mar. 12, 1969; The Federal Aviation Administration prescribed in § 73.304(b). 8:49 a.m.] (FAA) is considering amendments to

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 PROPOSED RULE MAKING 5181

Part 71 of the Federal Aviation Regula­ [ 14 CFR Part 71 ] Federal Aviation Act of 1958 (49 U.S.C. tions that would designate a VOR Fed­ 1348), and of section 6(c) of the Depart­ [Airspace Docket No. 69-CE-2] eral airway between Roberts, HI., and ment of Transportation Act (49 U.S.C. Knox, Ind.; redesignate and renumber TRANSITION AREA 1655(c)). VOR Federal airway No. 332 segment be­ Proposed Designation Issued at Kansas City, Mo., on Feb­ tween Moline, 111., and South Bend, Ind.; ruary 24, 1969. and revoke VOR Federal airway No. 177 The Federal Aviation Administration segment between Chicago Heights, 111., is considering amending Part 71 of the D a n ie l E. B a r r o w , and Fort Wayne, Ind. Federal Aviation Regulations so as to Acting Director, Central Region. Interested persons may participate in designate a transition area at Plymouth, [F.R. Doc. 69-3042; Filed, Mar. 12, 1969; the proposed rule making by submitting Ind. 8:48 a.m.] such written data, views, or arguments as Interested persons may participate in they may desire. Communications should the proposed rule making by submitting identify the airspace docket number and such written data, views, or arguments [ 14 CFR Part 71 1 be submitted in triplicate to the Direc­ as they may / desire. Communications [Airspace Docket No. 69-CE-3] tor, Central Region, Attention: Chief, should be submitted in triplicate to the Air Traffic Division, Federal Aviation Ad­ Director, Central Region, Attention: TRANSITION AREA ministration, Federal Building, 601 East Chief, Air Traffic Division, Federal Avia­ Proposed Designation 12th Street, Kansas City, Mo. 64106. All tion Administration, Federal Building, communications received within 30 days 601 East 12th Street, Kansas City, Mo. The Federal Aviation Administration after publication of this notice in the 64106. All communications received with­ is considering amending Part 71 of the Federal R egister will be considered be­ in 45 days after publication of this notice Federal Aviation Regulations so as to fore action is taken on the proposed in the F ederal R eg ist e r will be consid­ designate a transition area at Fort Scott, amendments. The proposals contained in ered before action is taken on the pro­ Kans. this notice may be changed in the light posed amendment. No public hearing is Interested persons may participate in of comments received. contemplated at this time, but arrange­ the. proposed rule making by submitting An official docket will be available for ments for informal conferences with Fed­ such written data, views, or arguments as examination by interested persons at the eral Aviation Administration officials they may desire. Communications should Federal Aviation Administration, Office may be made by contacting the Regional be submitted in triplicate to the Director, of the General Counsel, Attention: Rules Air Traffic Division Chief. Any data, Central Region, Attention: Chief, Air Docket, 800 Independence Avenue SW., views, or arguments presented during Traffic Division, Federal Aviation Ad­ Washington, D.C. 20590. An informal such conferences must also be submitted ministration, Federal Building, 601 East docket also will be available for exam­ in writing in accordance with this notice 12th Street, Kansas City, Mo. 64106. All ination at the office of the Regional Air in order to become part of the record communications received within 45 days Traffic Division Chief. for consideration. The proposal con­ after publication of this- notice in the The FAA is considering the following tained in this notice may be changed in F ederal R eg ister will be considered be­ airspace actions: the light of comments received. fore action is taken on the proposed 1. Designate a new VOR Federal air­ A public docket will be available for amendment. No public hearing is con­ way segment from Roberts with a 1,200- examination by interested persons in the templated at this time, but arrange­ foot AGL floor direct to Knox. Office of the Regional Counsel, Federal ments for informal conferences with 2. Revoke V-177 segment from Chicago Aviation Administration, Federal Build­ Federal Aviation Administration officials Heights, to Fort Wayne. ing, 601 East 12th Street, Kansas City, may be made by contacting the Regional 3. Renumber and realign V-332 as V - Mo. 64106. Air Traffic Division Chief. Any data, 156 from Moline 1,200 feet AGL Brad­ A new public use instrument approach views, or arguments presented during ford, HI., 1,200 feet AGL Peotone, 111., procedure has been developed for the such conferences must also be submitted 1.200 feet AGL intersection Peotone Plymouth, Ind., Municipal Airport utiliz­ in writing in accordance with this notice 098° T (096° M) and Knox 238° T ing the Knox, Ind., VOR as a naviga­ in order to become part of the record for (237° M) radials; 1,200 feet AGL Knox; tional aid. Consequently, it is necessary to consideration. The proposal contained 1.200 feet AGL to South Bend. provide controlled airspace protection in this notice may be changed in the for aircraft executing this new approach light of comments received. The proposed airway between Roberts A public docket will be available for and Knox would be utilized as a bypass procedure by designating a 700-foot floor transition area at Plymouth, Ind. examination by interested persons in the route for traffic southeast of the Chicago Office of the Regional Counsel, Federal terminal area. The renumbering and re­ The new procedure will become effective concurrently with the designation of Aviation Administration, Federal Build­ alignment of V-332 as V-156 would elim­ the transition area. The South Bend, ing, 601 East 12th Street, Kansas City, inate a broken airway segment and would Ind., Flight Service Station will provide Mo. 64106. provide conformity with the alignment of communications for IFR air traffic A new public use instrument approach segments of V-38 and V-144 and the new operating into and out of the Plymouth procedure .has been developed for the Municipal Airport. Fort Scott, Kans., Municipal Airport us­ airway segment proposed between Rob­ ing a city-owned radio beacon as a erts and Knox. The segment of V-177 In consideration of the foregoing, the Federal Aviation Administration pro­ navigational aid. Consequently, it is nec­ Proposed for revocation is no longer re­ poses to amend Part 71 of the Federal essary to provide controlled airspace quired for air traffic control purposes. Aviation Regulations as hereinafter set protection for aircraft executing this new These actions are proposed under the forth: approach procedure by designating a authority of section 307 (a) of the Federal In § 71.181 (34 F.R. 4637), the follow­ transition area at Fort Scott, Kans. The Aviation Act of 1958 (49U.S.C. 1348) and ing transition area is added: new procedure will become effective con­ section 6(c) of the Department of Trans­ P l y m o u t h , I n d . currently with the designation of the portation Act (49 U.S.C. 1655(c)). That airspace extending upward from 700 transition area. feet above the surface within a 5-mile ra­ In consideration of the foregoing, the Issued in Washington, D.C., on March 5,1969. dius of Plymouth Municipal Airport (latitude Federal Aviation Administration pro­ 41°21'55'' N., longitude 86°18'05" W .); and T . M cC o r m a c k , within 2 miles each side of the Knox, Ind., poses to amend Part 71 of the Federal Acting Chief, Airspace and VOR 080° radial, extending from the 5-mile Aviation Regulations as hereinafter set Air Traffic Rules Division, radius area to 10 miles east of the VOR. forth: IFJt. Doc. 69-3041; Filed, Mar. 12, 1969; This amendment is proposed under In § 71.181 (34 F.R. 4637), the follow­ 8:48 a.m.] the authority of section“- 307(a) of the ing transition area is added:

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5182 PROPOSED RULE MAKING

P ort Scott, K a n s . minor sales and f acilities, under section given 12-month period may be filed That airspace extending upward from 700 7(b) of the Natural Gas Act. when: feet above the surface within a 5-mile radius 2. The proposed amendment is in fur­ (1) The deliveries to any one direct of Port Scott Municipal Airport (latitude therance of the Commission’s continuing sale customer through any one of the 37°47'50" N., longitude 94°46'10" W .); and endeavors to find ways and means of sales measuring facilities to be aban­ within 2 miles each side of the 348° bearing expediting its proceedings without, at the doned have not exceeded 100,000 Mcf from Port Scott Municipal Airport, extend­ during the last year of service. ing from the 5-mile radius area to 8 miles same time, unduly imposing additional north of the airport; and. that airspace ex­ burdens upon applicants or adversely (2) The applicant will not abandon tending upward from 1,200 feet above the affecting their customers. 'In Docket No. any service unless it has received a writ­ surface within 5 miles east and 8 miles west CP69-123 we entered an ad hoc order on ten request from the direct sale customer of the 348° bearing from Port Scott Munici­ February 4,1969, allowing Northern Nat­ to terminate service. pal Airport, extending from the airport to 12 ural Gas Co. to abandon certain facilities (3) The applicant agrees to file with miles north of the airport. during the calendar year of 1969 upon the the Commission, within 60 days after This amendment is proposed under the terms and conditions set forth therein. expiration of the authorized abandon­ authority of section 307(a) of the Fed­ 3. Any interested person may submit to ment period: eral Aviation Act of 1958 (49 U.S.C. the Federal Power Commission, Wash­ (i) A statement showing for each in­ 1348), and of section 6(c) of the Depart­ ington, D.C. 20426, on or before April 21, dividual project a description of the ment of Transportation Act (49 U.S.C. 1969, data, views, and comments in writ­ facilities abandoned and the docket 1655(c)). ing concerning the amendments proposed numbers of the prior proceedings in herein. The Commission will consider which the facilities or services aban­ Issued at Kansas City, Mo., on Feb­ doned were certificated. ruary 24,1969. these written submittals before taking any action upon the proposed amend­ (ii) A statement indicating in each D a n ie l E. B a r r o w , case the reason why the service or facil­ Acting Director, Central Region. ments. An original and fourteen (14) conofrmed copies of any such submittals ities were abandoned together with a [F.R. Doc. 69-3043; Piled, Mar. 12, 1969; should be filed. copy of each of the written requests for 8:48 a.m.] termination of service. 4. The amendment to the Commission’s regulations is proposed to be issued under (iii> A statement showing the effect the authority granted by the Natural Gas of the abandonment upon any rate FEDERAL POWER COMMISSION Act, as amended, particularly sections 7, schedules or tariffs on file with this 15, and 16 thereof (52 Stat. 824, 829, 830; Commission. [ 18 CFR Part 157 1 56 Stat. 83, 84; 15 U.S.C. sec. 717f, sec. (iv) A concise description of the [Docket No. R-357] 717n, sec. 717o). changes of property, indicating the cost 5. Accordingly, we propose to amend of property abandoned in place, the cost BUDGET-TYPE ABANDONMENT § 157.7 of the Commission’s regulations of property removed and salvaged to­ APPLICATIONS under the Natural Gas Act, Chapter I of gether with the relevant information required by paragraph (f) of § 157.18. Notice of Proposed Rule Making Title 18 of the Code of Federal Regula­ tions, by adding a paragraph (e) reading (v) A geographic map or maps of suit­ able scale and detail showing the loca­ M arch 5, 1969. as follows: tion of the facilities abandoned. 1. Notice is given pursuant to section 4§ 157.7 Abbreviated applications. 6. The Secretary shall cause prompt of the Administrative Procedure Act (5 * * * * * U.S.C. 553), that the Federal Power Com­ publication of this notice to be made in (e) Sales measuring station and related mission is proposing to amend its regu­ the F ederal R eg ist e r . minor facilities— budget-type abandon­ lations under the Natural Gas Act to By direction of the Commission. provide for the filing of budget-type ment application. An abbreviated appli­ abandonment applications. The proposed cation requesting a budget-type authori­ G o r d o n M . G rant, amendment is intended to eliminate the zation permitting the cessation of service Secretary. need for frequent filing of applications and removal of sales measuring, regulat­ [P.R. Doc. 69-3006; Piled, Mar. 12, 1969; seeking specific authority to abandon ing, and related minor facilities during a 8:45 a.m.l

FEDERAL REGISTER, V O L 3 4 , NO. 4 9 — THURSDAY, MARCH 13, 196 9 5183 Notices

the Department of the Interior and the SMALL BUSINESS DEPARTMENT OF THE INTERIOR Bureau of Land Management. Bureau of Land Management P. Delegation of authority regarding ADMINISTRATION contracts and leases published in the [Delegation of Authority No. 30-6 (South­ CHIEF, DIVISION OF ADMINISTRA­ F ederal R egister on May 23, 1968 (33 western Area) Disaster No. 697] TION, CALIFORNIA STATE OFFICE, P.R. 7632), is hereby revoked. MANAGER, DISASTER BRANCH ET AL. J. R . P e n n y , State Director. OFFICE, BAYTOWN, TEX. Delegation of Authority Regarding [F.R. Doc. 69-3048; Filed, Mar. 12, 1969; Delegations Relating to Financial Contracts and Leases 8:49 a.m.] Assistance Functions A. Pursuant to redelegation of au­ thority contained . in BLM Manual 1. Pursuant to the authority delegated [Sacramento 2418] 1510.03C, the Chief, Division of Adminis­ to the Area Administrator, by Delega­ tration, State Office, is authorized to en­ CALIFORNIA tion of Authority No. 30 (Revision 12), ter into contracts for supplies and serv­ 32 P.R. 179, dated 1-7-67, Amendment l, ices within the limits of procurement au­ Notice of Proposed Withdrawal and 32 P.R. 8113, dated 6-6-67, Amendment 2, thority delegated to the State Director in Reservation of Lands 33 P.R. 8793, dated 6-15-68, Amendment 3, 33 P.R. 17217, dated November 20, BLM Manual 1510.03B2d. M ar c h 7, 1969. 1968, and Amendment 4, 33 F.R. 19097, B. Pursuant to redelegation of au­ The Assistant Secretary, U.S. Depart­ dated December 21, 1968, there is hereby thority contained in BLM Manual ment of Agriculture, Washington, D.C., redelegated to the Manager, Disaster 1510.03C, the District Managers and has filed an application, Serial No. Sacra­ Chief, Division of Administration, Dis­ Branch Office, Baytown, Tex., the fol­ mento 2418 for the withdrawal of the lowing authority: trict Offices, are authorized: lands described below, subject to valid 1. To enter into contracts with estab­ A. Financial assistance. 1. To approve existing rights, from appropriation under lished sources for supplies and services, or decline disaster direct and immediate the mining laws (30 U.S.C. Ch. 2), but excluding capitalized equipment and participation loans up to the total SBA not from leasing under the mineral leas­ major noncapitalized property, regard­ shares of $20,000 per household for re­ ing laws. less of amount. pairs or replacement of the home and/or 2. To enter into contracts on the open The applicant agency desires the land not to exceed an additional $10,000 al­ market, pursuant to section 302(c) (3) of for recreational use in developing camp­ lowable for household goods and per­ the PPAS Act, as amended, for supplies ing, fishing, hiking, picnicking, and sonal items, but in no event may the and services, excluding capitalized equip­ scenic observation areas. The 12 sites money loaned exceed $25,000 for a ment and major noncapitalized property, included in the development plan are single disaster on home loans, and not to exceed $2,500; and contracts for within or adjacent to the National Wild $100,000 on disaster business loans ex­ construction not to exceed $2,000: Pro­ and Scenic River System designated as cept to the extent of refinancing of a vided, That the requirement is not avail­ the Middle Fork Feather River Area previous SBA disaster loan. To approve able for established sources of supply. which lies approximately 20 miles north­ or decline disaster Guaranteed Loans in 3. To enter into negotiated contracts east of Oroville, Calif. amounts of total loan not exceeding without advertising pursuant to section For a period of 30 days from the date $350,000. of publication of this notice, all persons 2. To execute loan authorizations for 302(c) (2) of the PPAS Act, as amended, for rental of equipment and aircraft cov­ who wish to submit comments, sugges­ Washington, area and regional office ap­ ered by offer agreements necessary for tions, or objections in connection with proved loans and disaster loans ap­ the purpose of emergency fire sup­ the proposed withdrawal may present proved under delegated authority, said pression. their views in writing to the undersigned execution to read as follows:. C. The District Managers may redele­ officer of the Bureau of Land Manage­ (Name) , Administrator gate the authority for use of Standard ment, U.S. Department of the Interior, B y ------Form 44 Order-In voice-Voucher to any Room E-2807, Federal Office Building, Manager, Disaster Branch Office. qualified employees under their jurisdic­ 2800 Cottage Way, Sacramento, Calif. 3. To cancel, reinstate, modify, and tion. The redelegation must be in writing 95825. amend authorizations for disaster loans by name designation and subject to The Department’s regulations (43 CFR approved under delegated authority. monetary and other limitations as may 2311.1-2 (c )) provide that the authorized 4. To disburse unsecured disaster be prescribed by the District Managers. officer of the Bureau of Land Manage­ loans. The designated employee, State Office, ment will undertake such investigations as are necessary to determine the exist­ 5. To extend the disbursement period and the Service Centers shall be fur­ nished with a copy of all such redelega­ ing and potential demand for the lands on disaster loan authorizations or un­ tions. and their resources. He will also under­ disbursed portions of disaster loans. D. Contracts or other procurement take negotiations with the applicant agency with the view Of adjusting the n. The authority delegated herein entered into under delegate^ authority may not be redelegated. application to reduce the area to the must conform with applicable regula­ minimum essential to meet the appli­ m . All authority delegated herein may tions and statutory requirements and are cant’s needs, to provide for the maximum be exercised by an SBA employee desig­ subject to availability of appropriations. concurrent utilization of the lands for nated as Acting Manager of the Disaster E. All redelegated authority shall be purposes other than the applicant’s, to Branch Office. exercised in accordance with the appli­ eliminate lands needed for purposes more essential than the applicant’s, and to Effective date: February 18,1969. cable limitations in the PPAS Act of reach agreement on the concurrent man­ R obert E. W est, 1949, as amended, and in accordance agement of the lands and their re­ Area Administrator, Dallas, Tex. with applicable policies, procedures and sources. [F.R. Doc. 69-3049; Piled, Mar. 12, 1969; controls prescribed in the General Serv­ The authorized officer will also pre­ 8:49 a.m.] ices Administration and as set forth by pare a report for consideration by the

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5184 NOTICES

Secretary of the Interior who will deter­ (other than an employee, or the spouse the regulations in 43 CFR Parts 2410 and mine whether or not the lands will be of an employee, of the Department of 2411, the public lands within the areas withdrawn as requested by the applicant the Interior) who is a citizen or other­ described below are hereby classified for agency. wise a national of the United States, or multiple-use management. Publication The determination of the Secretary on who has declared his intention to become of this notice has the effect of segregating the application will be published in the a citizen, aged 21 years or more; (2) any the described lands from appropriation only under the agricultural land laws F ederal R e g ist e r . A separate notice will partnership or association, each of the be sent to each interested party of members of which is an eligible pur­ (43 U.S.C. Parts 7 and 9; 25 U.S.C., sec. record. chaser, or (3) any corporation organized 334) and from sales under 2455 of the If circumstances warrant, a public under the laws of the United States, or Revised Statutes (43 U.S.C. 1171), and hearing will be held at a convenient any State thereof, authorized to hold the lands shall remain open to all other time and place, which will be announced. title to real property in Nevada. applicable forms of appropriation, in­ The lands involved in the application Bids must be for all the land in the cluding the mining and mineral leasing are: parcel. A bid for less than the appraised laws. As used herein, “public lands” M o u n t Diablo M eridian value of the land is unacceptable. Bids means any lands Withdrawn or reserved by Executive Order No. 6910 of Novem­ PLUMAS NATIONAL FOREST sent by mail, will be considered only if received by the Ely District Office, Bu­ ber 26, 1934, as amended, or within a Feather Falls Scenic Area reau of Land Management, Pioche Star grazing district established pursuant to T. 20 N., R. 6 E„ Route, Ely, Nev. 89301, prior to 4 p.m., the Act of June 28, 1934 (48 Stat. 1269), Sec. 2, SW % SW % SE% . on Monday, April 21, 1969. Bids made as amended, which are not otherwise T. 21N..R. 6 E„ prior to the public auction must be in withdrawn or reserved for a Federal use Sec. 2, Ei/2SW%NE% and wy 2SE%NE%; sealed envelopes, and accompanied by or purpose. Sec. 14, SEi4SE%SWiA, SW%NE%SE%, 2. No adverse comments were received SE%NW%SE%, and SW?4SW%SE%; certified checks, postal money orders, bank drafts, or cashier’s checks, payable following publication of a notice of pro­ Sec. 22, N E% NW % SW i4 and S W ^ S E ^ posed classification (33 F.R. 19853- SE%; to the Bureau of Land Management, for Sec. 24, Si/2SE%NW% and Ni/aNE^SW^; the full amount of the bid plus estimated 19854), and no changes have been made Sec. 26, SW % NE% and SE% SW % ; publication costs, and by a certification in the list of lands included in this clas­ Sec. 28, NWy4NWy4NEi/4 and NE^NE^ of eligibility, defined in the preceding sification. The record showing the com­ Nwy4. paragraph. The envelope must show the ments« received and other information is T. 21 N., R. 7 E„ sale number and date of sale in the lower on file and can be examined in the Baker Sec. 6, lots 3, 4, 5, and 6, and SW^4 (lots District Office, Baker, Oreg., and in the 3,4,5, and 6, and Ei/2SWy4). left-hand corner: “ Public Sale Bid, Sale N-1928, April 22,1969” . Land Office, Bureau of Land Manage­ The areas described aggregate ap­ The authorized officer shall publicly ment, 729 Northeast Oregon Street, proximately 454 acres in Butte County. declare the highest qualifying sealed bid Portland, Oreg. The public lands af­ fected by this classification are located E l iz a b e t h H. M id t b y , received. Oral bids shall then be invited Chief, Lands Adjudication Section. in specified increments. After oral bids, within the following described areas and if any, are received, the authorized officer are shown on maps designated “ OR 3784, [P.R. Doc. 69-3021; Piled, Mar. 12, 1969; shall declare the high bid. A successful 8:46 ajn.] 2411.2:36-060: November 1968” on file oral bidder must submit a guaranteed in the Baker District Office, Bureau of remittance, in full payment for the tract Land Management, Baker, Oreg. 97814, [Serial No. N-1928] and cost of publication, before 4 p.m. of the day of the sale. and the Land Office, Bureau of Land NEVADA If no bids are received for the sale Management, 729 Northeast Oregon tract on Tuesday, April 22, 1969, the Notice of Public Sale Street, Portland, Oreg. 97208. The de­ tract will be reoffered on the first Tues­ scription of the areas is as follows: M ar ch 6,1969. day of subsequent months at 1 p.m., be­ W il la m e t te M erid ian Under the provisions of the Public ginning May 6,1969. Land Sale Act of September 19, 1964 Any adverse claimants to the above WALLOWA COUNTY, OREG. (78 Stat. 988, 43 U.S.C. 1421-1427), 43 described land should file their claims, or T. 4 N., R. 42 E., CFR Subpart 2243, a tract of land will be objections, with the undersigned before Secs. 1 to 6, inclusive, and secs. 11 to 14, offered to the highest bidder at a sale the time designated for sale. inclusive. to be held at 1 p.m., local time, on Tues­ The land described in this notice has T. 4 N., R. 43 E., been segregated from all forms of ap­ Sec. 6. day, April 22, 1969, at the Ely District T. 5 N., R. 42 E., Office, Bureau of Land Management, 130 propriation, including locations under the general mining laws, except for sale Secs. 13, 14, 15, secs. 22 to 29, inclusive, and Pioche Highway, Ely, Nev. 89301. The secs. 31 to 36, inclusive. land is described as follows: under this Act, from the date of nota­ T. 5 N., R. 43 E., tion of the proposed classification deci­ Secs. 1 to 6, inclusive, and secs, 8 to 36, M o u n t Diablo Mer id ian , N evada sion. Inquiries concerning this sale inclusive. T. 17 N., R. 64 E., should be addressed to the Land Office T. 5 N., R. 44 E., Sec. e.N E V iS W 1^. Manager, Bureau of Land Management, Secs. 19, 20, and secs. 29 to 33, inclusive. Room 3008 Federal Building, 300 Booth T. 5 N„ R. 45 E., The area described contains 40 acres. Secs. 1, 2, 3, secs. 10 to 17, inclusive, secs. The appraised value of the tract is $1,300 Street, Reno, Nev. 89502, or to the Dis­ trict Manager, Bureau, of Land Manage­ 19, 20, 21,29, 30, and 31. and publication costs to be assessed are T. 5 N., R. 46 E., estimated at $12. ment, Pioche Star Route, Ely, Nev. 89301. Secs. 1 to 12, inclusive. The land will be sold subject to all R o l l a E. C h a n d l e r , T. 6 N., R. 42 E., Manager, Nevada Land Office. Secs. 13 and 14; valid existing rights. Reservations will Sec. 15, lot 8; be made to the United States for rights- [F.R. Doc. 69-3022; Piled, Mar. 12, 1969; Sec. 22, N E 14NE 14; of-way for ditches and canals in accord­ 8:46 am .] Sec. 23, SE%; ance with the Act of August 30, 1890 Sec. 24* (26 Stat. 391; 43 U.S.C. 945). All minerals Sec! 25! NW^4NWJ4. are to be reserved to the United States [O R 3784] T. 6 N., R. 43 E., and withdrawn from appropriation un­ Secs. 13 to 36, inclusive. OREGON AND WASHINGTON T. 6 N., R. 44 E., der the public land laws, including the Secs. 13 to 19, inclusive. general mining laws. Notice of Classification of Public T. 6 N., R. 45 E., Bids may be made by a principal or Lands for Multiple-Use Manage­ Secs. 34, 35, and 36. his agent, either at the sale, or by mail. ment T. 6 N., R. 46 E., Secs. 13 to 36, inclusive. An agent must be prepared to establish M ar ch 6, 1969. T. 6 N., R. 47 E., . .. the eligibility of his principal. Eligible 1. Pursuant to the Act of Septem­ Secs. 15 to 23, inclusive, and secs. 25 to 3o, purchasers are: (1) Any individual ber 19, 1964 (43 U.S.C. 1411-1418) and inclusive.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5185

GARFIELD COUNTY, WASH. notice. If such evidence is received it will that the contemplated operation of such T. 6 N., R. 42 E., be evaluated along with such other evi­ vessel will cause economic hardship or Secs. 13,14, and 15. dence as may be available before making injury to efficient vessel operators al­ ASOTIN COUNTY, WASH. a determination that the contemplated ready operating in that fishery must operations of the vessel will or will not submit such evidence in writing to the T .6 N „ R. 43 E., cause such economic hardship or injury. Director, Bureau of Commercial Fisher­ , Secs. 11 to 18, inclusive. ies, within 30 days from the date of T. 6 N., R. 44 E„ J. M . P a t t o n , . Secs. 1 to 11, inclusive, and secs. 14 to 18, publication of this notice. I f such evi­ Acting Director, dence is received it will be evaluated inclusive. Bureau of Commercial Fisheries. T. 6 N., R. 45 E., along with such other evidence as may be Secs. 1 to 6, inclusive, secs. 12 and 13. [F.R. Doc. 69-3026; Filed, Mar. 12, 1969; available before making a determination T. 6 N., R. 46 E., 8:47 a.m.] that the contemplated operations of the Secs. 1 to 18, inclusive. vessel will or will not cause such eco­ T. 6 N., R. 47 E., nomic hardship or injury. Secs. 4 to 9, inclusive, secs. 16, 17, and 18. [Docket No. G-426] T. 7 N„ R. 44 E., J. M . P a t t o n , Secs. 33 to 36, inclusive. MISS SARAH, INC. — Acting Director, T. 7 N., R. 45 E., Notice of Loan Application Bureau of Commercial Fisheries. Secs. 31 to 36, inclusive. [F.R. Doc. 69-3028; FUed, Mar. 12, 1969; T. 7 N., R. 46 E., M arch 7, 1969. 8:47 a.m.] Secs. 12, 13, secs. 23 to 29, inclusive, and Miss Sarah, Inc., Star Route, Box 5, secs. 31 to 36, inclusive. T. 7 N., R. 47 E., Brownsville, Tex. 78520, has applied for Secs. 5, 6, 7, 18, 19, 20, and secs. 29 to 33, a loan from the Fisheries Loan Fluid to inclusive. aid in financing the purchase of a used DEPARTMENT OF AGRICULTURE 65.9-foot registered length wood vessel The public lands in the areas described to engage in the fishery for shrimp. Agricultural Stabilization and aggregate approximately 13,833.50 acres Notice is hereby given pursuant to the Conservation Service in Wallowa County, Oreg., 29.82 acres in provisions of Public Law 89-85 and Fish­ [Arndt. 2] Garfield County, Wash., and 10,144.79 eries Loan Fund Procedures (50 CFR acres in Asotin County, Wash., for a total Part 250, as revised) that the above- ORGANIZATION, FUNCTIONS, AND of approximately 23,997.13 acres. entitled application is being considered DELEGATIONS OF AUTHORITY 3. For a period of 30 days from the dateby the Bureau of Commercial Fisheries, of publication in the F ederal R eg ist e r , Fish and Wildlife Service, Department The Agricultural Stabilization and this classification shall be subject to the of the Interior, Washington, D.C. 20240. Conservation Service Statement of Or­ exercise of administrative review and Any person desiring to submit evidence ganization, Functions, and Delegations modification by the Secretary of the In ­ that the contemplated operation of such of Authority, as published at 33 F.R. 542, terior as provided for in 43 CFR 2411.2c. vessel will cause economic hardship or January 16, 1968 and amended at 33 F.R.. Interested parties may submit comments injury to efficient vessel operators al­ 4342, March 8, 1968 is further amended to the Secretary of the Interior, t.t.tvt, ready operating in that fishery must to reflect the consolidation of the In ­ 721, Washington, D.C. 20240, for a period submit such evidence in writing to the ventory Management .Division and Pro­ of 30 days following publication of this Director, Bureau of Commercial Fisher­ curement and Sales Division into a new notice. ies, within 30 days from the date of division called the Commodity Opera­ I r v in g W . A n d e r s o n , publication of this notice. If such evi­ tions Division. Acting State Director. dence is received it will be evaluated Paragraph ILA.l.f of the Statement of [P.R. Doc. 69-3023; Filed, Mar. 12, 1969; along with such other evidence as may be Organization, Functions, and Delega­ 8:46 a.m.] available before making a determination tions of Authority is revised to read: that the contemplated operations of the f. Deputy Administrator, Commodity vessel will or will not cause such eco­ Operations : Fish and Wildlife Service nomic hardship or injury. (1) Commodity Operations Division. [Docket No. G—425] (2) Kansas City Commodity Office. J. M . P a t t o n , (3) Minneapolis Commodity Office. MARCEAU M. AND DORIS ADELLE Acting Director, (4) New Orleans Commodity Office. Bureau of Commercial Fisheries. HERCHY Paragraph III.A.6 of the Statement of [F.R. Doc. 69-3027; Filed, Mar. 12, 1969; Organization, Functions, and Delegations Notice of Loan Application 8:47 a.m.] of Authority is revised to read: M arch 7,1969. 6. Deputy Administrator, Commodity Operations. The Deputy Administrator, Marceau M. Herchy and Doris Adelle [Docket No. B-452] Commodity Operations, is primarily re­ Hereby, 316 Arlington Road, West Palm TRAWLER MAINE, INC. sponsible for the administration of the Beach, Fla. 33405, have applied for a loan acquisition, storage (except CCC-owned from the fisheries Loan Fund to aid in Notice of Loan Application bin storage), transportation, processing, financing the construction of a new 57- M ar ch 7,1969. management, and disposition of CCC- foot length overall wood vessel to engage owned commodities except tobacco, pea­ m the fishery for snapper and grouper. Trawler Maine, Inc., % Sidney W. nuts, tung oil, and naval stores, includ­ Notice is hereby given pursuant to the Thaxter, 192 Middle Street, Portland, Maine 04111, has applied for a loan from ing maintenance of trade relationships. Provisions of Public Law 89-85 and The Deputy Administrator, Commodity Fisheries Loan Fund Procedures (50 CFR the Fisheries Loan Fund to aid in financ­ ing the purchase of a used 56.7-foot reg­ Operations, provides program interpre­ Pai^ 250, as revised) that the above- tations to approved program policy, and entitled application is being considered istered length wood vessel to engage in the fishery for groundfish, scallops, oy the Bureau of Commercial Fisheries, provides administrative and program di­ lobsters, shrimp, whiting, and herring. ^sh and Wildlife Service, Department of rection and coordination to the assigned tne Interior, Washington, D.C. 20240. Any Notice is hereby given pursuant to the divisions and offices, as set forth below, Person desiring to submit evidence that provisions of Public Law 89-85 and Fish­ eries Loan Fund Procedures (50 CFR and carries out assigned defense activi­ ooi6 ^htenaplated operation of such ves- Part 250, as revised) that the above- ties. The Deputy Administrator, Com­ i will cause economic hardship or injury entitled application is being considered modity Operations, is also Vice President ro efficient vessel operators already oper- by the Bureau of Commercial Fisheries, of the Commodity Credit Corporation. in fishery must submit such evidence in writing to the Director, Bu­ Fish and Wildlife Service, Department a. Commodity Operations Division. reau of Commercial Fisheries, within 30 of the Interior, Washington, D.C. 20240. The Commodity Operations Division ys from the date of publication of this Any person desiring to submit evidence formulates, recommends and coordinates

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5186 NOTIGES operating policies and programs for pur­ tions and restrictions of certain denial ness organization with which it now or chases, domestic sales, dispositions in­ orders, the first of which was entered hereafter may be related by affiliation, cluding donation programs, storage and .on February 19,1968, violated said denial ownership, control, position of responsi­ handling standards, guides and prac­ orders by participating in U.S. export bility, or other connection in the con­ tices, storage and special handling transactions through a British firm. The duct of trade or services connected there­ agreements, and an overall inventory respondent’s participation in said trans­ with. management program for CCC- and actions is more particularly set forth in TV. This order continues in full force USDA-owned commodities. It formulates the said order of January 10, 1969. and effect the prohibitions and restric­ and recommends operating program The Director, Investigations Division, tions of the temporary denial order of plans and policies for (1) the Processor has applied under § 382.11 of the Export January 10, 1969, and shall remain in and Export Wheat Marketing Certificate Regulations for an extension of the effect until the completion of compliance Program, including determination of ex­ temporary denial order until the com­ proceedings based on the charging letter port wheat marketing certificate costs, pletion of compliance proceedings. The soon to be issued in the matter. (2) the wheat and wheat flour export application for the extension also rep­ V. No person, firm, corporation, part­ programs, including the determination resents that the Investigations Division nership or other business organization, of subsidy rates, and (3) for other has unearthed evidence showing that whether in the United States or else­ domestic operations to'implement the respondent has committed other viola­ where, without prior disclosure to and International Grains Arrangement. The tions of the Export Control Act of 1949. specific authorization from the Bureau Commodity Operations Division develops Representations have been made that a of International Commerce, shall do any terms and conditions of contracts to pur­ charging letter will be issued against the of the following acts, directly or in­ chase commodities in commercial mar­ respondent on or before April 4, 1969. directly, or carry on negotiations with kets for donation programs. It provides The application has been considered respect thereto, in any manner or capac­ technical transportation guides and as­ by the Compliance Commissioner and he ity, on behalf of or in any association sistance, and carries out assigned de­ has reported his recommendation to me with the respondent, or whereby the re­ fense activities, that the temporary order be extended spondent may obtain any benefit there­ b. [Revoked! as requested. He has found that such an from or haye any interest or participa­ tion therein, directly or indirectly: (a) * * * * * extension is reasonably necessary to pro­ tect the public interest and for effective Apply for, obtain, transfer, or use any Paragraph VI.A is revised by deleting license, Shipper’s Export Declaration, bill the terms “Director, Inventory Manage­ enforcement of the law. I confirm these findings. Accordingly, it is hereby of lading, or other export control docu­ ment Division” and “Director, Procure­ ment relating to any exportation, re­ ment and Sales Division” and inserting ordered: exportation, transshipment, or diversion “ Director, Commodity Operations” in I. The prohibitions and restrictions ofof any commodity or technical data ex­ lieu thereof. the temporary denial order issued on ported or to be exported from the United January 10, 1969 (34 F.R. 564), against States, by, to, or for the respondent; or Signed at Washington, D.C., this 7th the above-named respondent in which day of March 1969. (b) order, buy, receive, use, sell, deliver, Michael Schmidt-Sandler is named as store, dispose of, forward, transport, fi­ Approved: a related party, are hereby continued in nance, or otherwise service or partici­ L ionel C. H olm, full force and effect. pate in any exportation, reexportation, Acting Administrator, Agricul­ n . The respondent, its assigns, part­transshipment, or diversion of any com­ tural Stabilization and Con­ ners, representatives, agents, and em­ modity or technical data exported or to servation Service. ployees hereby are denied all privileges be exported from the United States. of participating, directly or indirectly, in Clarence D. Palmby, VI. A copy of this order shall-be served Assistant Secretary any manner or capacity, in any transac­ upon the respondent and the other party of Agriculture. tion involving commodities or technical named herein or upon the attorney for data exported from the United States said parties. [F.R. Doc. 69-3064; Filed, Mar. 12, 1969; in whole or in part, or to be exported, VII. In accordance with the provisions 8:50 am .] or which are otherwise subject to the of § 382.11(c) of the Export Regulations, Export Regulations. Without limitation the respondent or the other party named of the generality of the foregoing, par­ herein may move at any time to vacate ticipation prohibited in any such trans­ or modify this temporary denial order DEPARTMENT OF COMMERCE action, either in the United States or by filing an appropriate motion therefor, Bureau of International Commerce abroad, shall include participation, di­ supported by evidence, with the Compli­ rectly or indirectly, in any manner or ance Commissioner and may request an [File No. 23 (67)-11] capacity; (a) as a party or as a repre­ oral hearing thereon which, if requested, PETROSERVICE INTERNATIONAL sentative of a party to any validated shall be held before the Compliance G.m.b.H. export license application; (b) in the Commissioner in Washington, D.C., at preparation, or filing of any export li­ the earliest convenient date. Order Extending Temporary Denial cense application or reexportation au­ This order shall become effective of Export Privileges thorization, or any document to be sub­ forthwith. mitted therewith; (c) in the obtaining In the matter of Petroservice Inter­ or using of any validated or general Dated: March 10, 1969. national G.m.b.H. [PSI (Petroservice export license or other export control R auer H. M eyer, International) Gesellschaft fuer oel-und document; (d) in the carrying on of Director, Office of Export Control. Gastechnik mit beschraenkter Haftung], negotiations with respect to or in the Adolfsalle 27, 6200 Wiesbaden, Federal [F.R. Doc. 69-3050; Filed, Mar. 12, 1969; receiving, ordering, buying, selling, de­ 8:49 a.m.] Republic of Germany, respondent; File livering, storing, using, or disposing of No. 23(67)-11. any commodities or technical data in On January 10, 1969, an order whole or in part, exported or to be ex­ temporarily denying export privileges ported from the United States; and (e) DEPARTMENT OF THE TREASURY for 60 days was entered against the in the financing, forwarding, transport­ above-named Petroservice International ing, or other servicing of such commod­ Bureau of Customs G.m.b.H. in which Michael Schmidt- ities or technical data. Sandler, commercial manager of said AZOBISFORMAMIDE FROM JAPAN TTT Such denial of export privileges firm was specifically named as a related shall extend not only to the respondent, Notice of Intent To Revoke the party (34 F.R. 564). Said order was issued but also to its agents and employees, in­ Finding of Dumping because on the evidence presented there cluding Michael Schmidt-Sandler, com­ was reasonable basis to believe that re­ mercial manager of respondent, and to A finding of dumping with respect to spondent while subject to the prohibi­ any person, firm, corporation, or busi­ Azobisformamide from Japan was man

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5187 in Treasury Decision 56414 which was U.S.C. 160(c)) and § 53.33(c), Customs therapeutic dosage under the conditions published in the F ederal R eg ister on Regulations (19 CFR 53.33(c)). that prevail. As a precaution, the label should bear the desired oral dose per May 28, 1965 (30 F.R. 7187-88). [ s e a l] M a t t h e w J. M a r k s, After due investigation, I find that unit of animal weight per day for each Acting Assistant Secretary species as a guide to effective usage of Azobisformamide from Japan is no of the Treasury. longer being, nor likely to be, sold in preparation in drinking water. the United States at less than fair value. [F.R. Doc. 69-3061; Filed, Mar. 12, 1969; The Food and Drqg Administration 8:50 a.m.] Supporting that finding are the facts concurs with the conclusions of the that importations of Azobisformamide Academy. since October 1965 have not been at less This evaluation of the drug is con­ than fair value and that the foreign cerned only with its effectiveness and supplier of this merchandise has given DEPARTMENT OF HEALTH, EDU­ safety to the animal to which adminis­ assurances that future sales of Azobis­ tered. It does not take into account the formamide to the United States will not CATION, AND WELFARE safety for food use of food derived from be made at less than fair value. Accord­ Food and Drug Administration drug-treated animals. Nothing in this ingly, notice is hereby giveii that the announcement will constitute a bar to Treasury Department intends to revoke CALGON CORP. further proceedings with respect to ques­ tions of safety of the drug or its metab­ the dumping finding as to Azobisform­ Notice of Filing of Petition for Food amide from Japan. olites as residues in food products derived Prior to the issuance of the proposed Additives from treated animals. revocation, consideration will be given Pursuant to the provisions of the Fed­ This announcement is published (1) to any relevant data, views, or argu­ eral Food, Drug, and Cosmetic Act (sec. to inform the holders of new-drug appli­ ments which are submitted in writing by 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 cations of the findings of the Academy interested parties to the Commissioner (b)(5)), notice is given that a petition and of the Pood and Drug Administra­ of Customs, 2100 K Street NW., Wash­ (FAP 9B2396) has been filed by Cdlgon tion and (2) to inform all interested ington, D.C. 20226, and received not later Corp., Calgon Center, Post Office Box persons that such articles to be marketed than 30 days from the date of pub­ 1346, Pittsburgh, Pa. 15230, proposing must be the subject of approved new- lication of this notice in the F ederal that § 121.2526 Components of paper drug applications and otherwise comply R egister. and paperboard in contact with aqueous with all other requirements of the Fed­ [ seal] L ester D. J o h n s o n , and fatty foods (21 CFR 121.2526) be eral Food, Drug, and Cosmetic Act. Commissioner of Customs. amended to provide for the safe use of Holders of the new-drug applications certain acrylamide-dimethyl diallyl am­ are provided 6 months from the date of Approved: February 26,1969. monium chloride copolymers as retention publication of this announcement in the M a t t h e w J. M ar k s, aids in the manufacture of paper and F ederal R egister to submit adequate Acting Assistant Secretary paperboard intended for food-contact documentation in support of the label­ of the Treasury. use. ing used. Written comments regarding this an­ Dated: March 6, 1969. [F.R. Doc. 69-3059; Filed, Mar. 12, 1969; nouncement, including requests for an 8:50 a.m.] R . E. D u g g a n , informal conference, may be addressed Acting Associate Commissioner to the Bureau of Veterinary Medicine, Office of the Secretary for Compliance. Food and Drug Administration, 200 C [F.R. Doc. 69-3019; Filed, Mar. 12, 1969; Street SW., Washington, D.C. 20204. FROZEN HADDOCK FILLETS FROM 8:46 a.m.] The holder of the new-drug applica­ EASTERN CANADIAN PROVINCES tion for the drug listed above has been mailed a copy of the NAS-NRC report. .Determination of Sales at Not Less SULFAMERAZINE Any manufacturer, packer, or distributor Than Fair Value of a drug of similar composition and Drugs for Veterinary Use; Drug M ar ch 5, 1969. labeling to that drug or any other inter­ Efficacy Study Implementation ested person may obtain a copy of the On January 10, 1969, there was pub­ The Pood and Drug Administration report by writing to the Food and Drug lished in the F ederal R egister a “Notice Administration, Press Relations Office, of Tentative Negative Determination” has evaluated a report received from the National Academy of Sciences— 200 C Street SW., Washington, D.C. that frozen haddock fillets from Eastern 20204. Canadian provinces are not being sold at National Research Council, Drug Effi­ less than fair value within the meaning cacy Study Group, on the following This notice is issued pursuant to the of section 201(a) of the Antidumping preparation: Sulfamarex; contains 12.5 * provisions of the Federal Food, Drug, Act, 1921, as amended (19 U.S.C. 160(a)) percent weight-to-volume of sodium and Cosmetic Act (secs. 502, 505, 52 Stat. (referred to in this notice as the “Act” ) . sulfamerazine; marketed by Paul’s 1050-53, as amended; 21 U.S.C. 352, 355) and under authority delegated to the The statement of reasons for the ten­ Products Co., Mankato, Minn. 56001. The Academy concluded that: Commissioner of Food and Drugs (21 tative determination was published in 1. This product in drinking water is CFR 2.120). the above-mentioned notice and in­ probably effective for treatment of cer­ Dated: March 6, 1969. terested parties were afforded until tain infections in cattle, sheep, swine, February *10, 1969, to make written sub­ and poultry; however, each disease claim H erbert L. L e y , Jr., Commissioner of Food and Drugs. missions or requests for an opportunity should be properly qualified as “Appro­ to present views in connection with the priate for th'e use in (name of disease) [F.R. Doc. 69-3020; Filed, Mar. 12, 1969; caused by pathogens (name species) 8:46 a.m.] tentative determination. sensitive to sulfamerazine.” The species No written submissions or requests of coccidia should be shown for each having been received, I hereby determine host. that frozen haddock fillets from Eastern 2. Additional documentation is needed ATOMIC ENERGY COMMISSION on the palatability of the drug when Canadian provinces are not being, nor PROJECT GASBUGGY likely to be, sold at less than fair value used in water. 3. More information is needed to sup­ Availability of Containers of Gas (section 201(a) of the Act; 19 U.S.C. port the drug dosage in poultry. 160(a)). 4. The label should warn that treated 1. Notice is hereby given by the U.S. This determination is published pur­ animals must actually be consuming Atomic Energy Commission that con­ suant to section 201(c) of the Act (19 enough medicated water to provide a tainers of gas produced in connection

FEDERAL REGISTER, VOL. 34, NO. 49— -THURSDAY, MARCH 13, 1969 No. 49- 5188 NOTICES with Project Gasbuggy are now available ih Cove Creek Township, Washington during the production test period antici­ County, Ark., approximately 19 miles CIVIL AERONAUTICS BOARD pated to last for another 4 to 6 months southwest of Fayetteville, Ark. at the Commission’s facility at the Proj­ The reactor is designed to operate at [Dockets Nos. 18650, 20291; Order 69-3-35] ect Site, Bio Arriba County, N. Mex. approximately 20 megawatts thermal, INTERNATIONAL AIR TRANSPORT 2. Project Gasbuggy is a joint experi­ but initial operation will be limited to 1 ASSOCIATION ment of the U.S. Atomic Energy Commis­ megawatt thermal to permit initial fuel sion, the U.S. Department of the Interior, loading and testing, pending completion Order Regarding Fare and Rate and El Paso Natural Gas Co. to investi­ of the evaluation of full-power operation Matters gate the use of a nuclear explosion deep as proposed. The license authorizes op­ underground to stimulate natural gas eration of the reactor at power levels Issued under delegated authority production. The nuclear explosion was up to 1 megawatt thermal, and incor­ March 10, 1969. conducted in a natural gas formation in porates appropriate technical specifica­ Agreements adopted by the Traffic Rio Arriba County, near Farmington, tions. Further public notices in accord­ Conferences of the International Air N. Mex., on December 10, 1967. ance with the Commission’s rules of Transport Association relating to fare 3. Each container shall hold approxi­ practice, 10 CFR Part 2 will be given prior and rate matters; Docket 18650, Docket mately 7,950 milliliters (approximately to the issuance of any license amendment 20291, Agreement CAB 20773, Rr-8, Agree­ O. 28 cubic feet) of gas. Containers shall authorizing operation at higher power ment CAB 20808, R -l and R-2, Agree­ be available f.o.b., customer’s vehicle or levels. ment CAB 20839. commercial conveyance at the Commis­ The Commission has inspected the Agreements have been filed with the sion’s facility. The charge shall be $60 facility and determined that it has been Board pursuant to section 412(a) of the per container. constructed in accordance with the pro­ Federal Aviation Act of 1958 (the Act) 4. Requests for such samples shall be visions of Provisional Construction Per­ and Part 261 of the Board’s economic made in writing to the Manager, U.S. mit No. CPPR 17 to the extent necessary regulations, between various air car­ Atomic Energy Commission, Las Vegas, for the conduct of all operations up to a riers, foreign air carriers, and other car­ Nev., and shall include (a) the name power level of 1 megawatt thermal except riers, embodied in the resolutions of the and principal business activity of the Traffic Conferences of the International requestor, (b) the anticipated use of the for certain transient experiments utiliz­ Air Transport Association (IA T A ), and sample, and (c) the nature of the ing the Fast Reactor Excursion Device. adopted by mail votes and by the 15th analysis that will be conducted. The provisional operating license, as meeting of the Traffic Handling and Ac­ 5. Users will be required to (a) pro­ issued, is as set forth in the notice of counting Working Group. The agree­ cure all necessary permits and licenses, proposed issuance of Provisional Operat­ ments have been assigned the above- (b) provide the results of their research designated CAB agreement numbers. ing License published in the F ederal to the AEC, and (c) extend to the AEC The agreements, insofar as they apply R egister on November 15, 1968, 33 F.R. appropriate data and patent rights. in air transportation as defined by the 16683. Effective date. This notice is effective Act, would (1) make an editorial change so as to clarify the carriers’ intent that u p o n publication in the F ederal Dated at Bethesda, Md., this 4th day of R egister. March 1969. a preclusion of absorption of airport pas­ senger service charges shall not be con­ Dated at Washington, D.C., this 6th For the Atomic Energy Commission. strued to exclude the absorption of those day of March 1969. P eter A. M orris, limited expenses of passengers en route For the Atomic Energy Commission. Director, which would normally be allowed, (2) Division of Reactor Licensing. advance from April 1 to March 16 the W. B. M cCool, [F.R. Doc. 69-3003; Filed, Mar. 12, 1969; intended effectiveness date of Buffalo/ Secretary. 8:45 a.m.]- Syracuse-Bermuda 17-day excursion [F.R. Doc. 69-3002; Filed, Mar. 12, 1969; fares approved by the Board in Order r 8:45 a.m.] 69-2-123, dated February 25, 1969, so as [Docket No. 50-16] to conform with the effectiveness date for other U.S.' East Coast-Bermuda ex­ [Docket No. 50-231] POWER REACTOR DEVELOPMENT CO. cursion fares approved in Order 68-12-94, GENERAL ELECTRIC CO. AND SOUTH­ dated December 17, 1968, and to over­ WEST ATOMIC ENERGY ASSO- Order Extending License Expiration come construction and tariff technical­ CIATES Date ities, and (3) update, to reflect correc­ tions, the names of countries or units Notice of Issuance of Provisional By application dated November 21, of currencies used in the rounding up of Operating License 1968, and supplement dated January 22, cargo rates and passenger fares. 1969, Power Reactor Development Co. re­ Pursuant to authority duly delegated Please take notice that no request for quested an extension of the expiration by the Board in the Board’s regulations, a hearing by the applicant or petition 14 CFR 385.14: date of Provisional Operating License No. for leave to intervene by any interested 1. It is tentatively not found that the person having been filed following pub­ DPR-9. Good cause having been shown following resolutions, which are incor­ lication of the notice of proposed action for extension of said date pursuant to porated in the agreements indicated, in the F ederal R egister, the Atomic § 50.57(d) of 10 CFR Part 50 of the Com­ are adverse to the public interest or in violation of the Act: Energy Commission has issued Provi­ mission’s regulations, it is hereby ordered sional Operating License No. DR-15 au­ that the expiration date of Provisional Agreement CAB IATA Resolutions thorizing the General Electric Co. (Gen­ Operating. License No. DPRr-9 is ex­ tended to June 30, 1970. 20773, Rr-8__ T C I (15/THWG) 295a. eral Electric) and Southwest Atomic TC2( 15/THWG) 295a. Energy Associates (SAE A), with General Date of issuance: March 3,1969. TC3 (15/THWG) 295a. Electric acting for itself and for SAEA, For the Atomic Energy Commission. 20808, R—1 100 (Mail 575)070. to possess, use, and operate the plutonia- 20839 ______100(Mail 577) 023a and 023b P eter A. M orris, 200(Mail 878) 023a and 023b urania fueled, fast-spectrum, sodium- Director, 300(Mail 288) 023a and 023b cooled experimental reactor. The reactor, Division of Reactor Licensing. JT12(Mail 577) 023a and 023b known as the Southwest Experimental JT23(Mall 212) 023a and 023b [F.R. Doc. 69-3004; Filed, Mar. 12, 1969; JT31(Mail 158) 023a and 023b Fast Oxide Reactor (SEFOR), is located 8:45 a.m.] JT123 (Mail 577) 023a and 023b

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5189

2. It is found that Resolution 100(Mail 8 FCC 2d 360, FCC 67-614 (1967). 575)070i, incorporated in Agreement FEDERAL COMMUNICATIONS 5. Three States Broadcasting Co. has CAB 20808, R^2, does not affect air trans­ requested waiver of § 73.210(a) (2) of the portation within the meaning of the Act. COMMISSION Commission’s rules to permit the main Accordingly, it is ordered, That: studio to be located outside the city limits 1. Action on Agreements CAB 20773, [Docket Nos. 18456, 18457; FCC 69-180] of Matewan, W. Va., at a point other r - 8; 20808, R - l ; and 20839 be and hereby HARViT BROADCASTING CORP. AND than the transmitter site. The proposed main studio location, approximately one- is deferred with a view toward eventual THREE STATES BROADCASTING CO. approval. half mile from Matewan is already being 2. Jurisdiction is hereby disclaimed Order Designating Applications for used as the studio location for the com­ with respect to Agreement CAB 20808, Consolidated Hearing on Stated panion AM station. Under these circum­ stances, we believe that adequate justi­ R-2. Issues Persons entitled to petition the Board fication has been provided for waiver if for review of this order, pursuant to the In re applications of Harvit Broad­ the Three States application is granted. Board’s regulations, 14 CFR 385.50, may, casting Corp., Williamson, W. Va., Docket 6. Except as indicated below, the ap­ within 7 days after the date of service No. 18456, File No. BPH-6075; Requests: plicants are qualified to construct and of this order, file such petitions in support 96.5 mcs, No. 243; 50 k w (H ); 50 kw(V) ; operate as proposed. However, because of of or in opposition to our proposed action 500 feet; Three States Broadcasting Co., their mutual exclusivity, the Commis­ sion is unable to make the statutory find­ herein. Mate wan, W. Va., Docket No. 18457, File No. BPH-6157; Requests: 96.5 mcs, No. ing that a grant of the applications would This order will be published in the 243; 14.3 k w (H ); 14.3 k w (V ); 829 feet; serve the public interest, convenience F ederal R e g ister . for construction permits. and necessity, and is of the opinion that the applications must be designated for [ seal] H arold R. S a n d e r s o n , 1. The Commission has under consid­ Secretary. eration the above captioned and de­ hearing on the issues set forth below. scribed applications which are mutually 7. I t is ordered, That, pursuant to sec­ [F.R. Doc. 69-3062; Filed, Mar. 12, 1969; tion 309(e) of the Communications Act 8:50 a.m.] exclusive in that operation by the appli­ cants as proposed would result in mu­ of 1934, as amended, the applications are tually destructive interference.1 designated for hearing in a consolidated [Docket No. 20267] 2. The respective proposals, which are proceeding, at a time and place to be for different communities, would serve specified in a subsequent order, upon the TWIN CITIES-MILWAUKEE SOUTH­ following issues: EAST POINTS INVESTIGATION substantial areas and populations in common. Consequently, in addition, to 1. To determine the efforts made by Notice of Prehearing Conference determining pursuant to section 307(b) Three States Broadcasting Co. to as­ of the Communications Act of 1934, as certain the community needs and in­ Notice is hereby given that a prehear­ amended, which of the proposals would terests of the area to be served and the ing conference in the above-entitled better provide a fair, efficient and equi­ means by which the applicant proposes matter is assigned to be held on April 22, table distribution of radio service, a con­ to meet those needs and interests. 1969, at 10 a.m., e.s.t., in Room 726, Uni­ tingent comparative issue will also be 2. To determine the areas and popula­ versal Building, 1825 Connecticut Ave­ specified. tions which would receive FM service of nue NW., Washington, D.C., before Ex­ 1 mv/m or greater intensity from the re­ aminer Greer M. Murphy. 3. In Suburban Broadcasters, 30 FCC 1020, 20 RR 951 (1961), and our public spective proposals and the availability of In order to facilitate the conduct of notice of August 22, 1968 (FCC 68-847), other FM services of 1 mv/m or greater the conference interested parties are in­ we indicated that applicants were ex­ intensity in such areas. structed to submit to the examiner and pected to provide full information on 3. To determine, in the light of section other parties on or before April 11, 1969, their awareness of and responsiveness to 307(b) of the Communications Act of (1) proposed statements of issues; (2) local community needs and interests. 1934, as amended, which of the proposals proposed stipulations; (3) requests for Three States appears to have made an would better provide a fair, efficient and information; (4) statements of positions adequate survey but it has not listed equitable distribution of radio service. of parties; and (5) proposed procedural dates. the suggestions it received. Thus, we are 4. To determine, in the event it is con­ unable at this time to determine whether cluded that a choice between applica­ Dated at Washington, D.C., March 10, Three States is aware of and responsive tions should not be based solely on con­ 1969. to the needs of its area. Accordingly, a siderations relating to section 307(b), which of the proposals would better serve [ seal] T h o m a s V W r e n n , suburban issue is required. » Chief Examiner. 4. Harvit Broadcasting Corp. proposes the public interest. approximately 27-30 percent duplicated 5. To determine, in the light of the [F.R. Doc. 69-3063; Filed, Mar. 12, 1969; evidence adduced pursuant to the fore­ 8:50 a.m.] programing while Three States Broad­ casting Co. proposes approximately two- going issues which, if either, of the ap­ thirds duplicated programing. Therefore, plications should be granted. [Docket No. 20728] evidence regarding program duplication 8. It is further ordered, That the Pe­ UNEA AEREA NACIONAL-CHILE will be admissible under the contingent tition for special issues filed by Three comparative issue. When duplicated pro­ (LAN) States Broadcasting Co., is dismissed. graming is proposed, the showing per­ 9. I t is further ordered, That if the Notice of Hearing mitted under the comparative issue will Three States Broadcasting CO. applica­ be limited to evidence concerning the tion is granted, the provisions of § 73.210 Notice is hereby given pursuant to the benefits to be derived from the proposed (a) (2) of the Commission’s rules shall Federal Aviation Act of 1958, as amended, duplication, and a full comparison of the be waived to permit the establishment that a hearing in the above-entitled pro­ applicants’ program proposal will not be of the main studio outside the city limits ceeding is assigned to be held on March permitted in the absence of a specific of Matewan, W. Va. 13, 1969, at 2 p.m., e.s.t., in Room 805, programing inquiry— Jones T. Sudbury, 10. It is further ordered, That to avail Universal Building, Connecticut and themselves of the opportunity to be Florida Avenues NW., Washington, D.C., 1 On Feb. 18, 1969, Three States Broadcast­ heard, the applicants, pursuant to § 1.221 before the undersigned examiner. ing Co. filed a petition for special issues (c) of the Commission’s rules, in per­ which in effect is a petition to deny. As such Dated at Washington, D.C., March 10, son or by attorney shall, within twenty 1969. it is clearly untimely— see § 1.580(1) of the (20) days of the mailing of this order, Commission’s rules—and consequently it file with the Commission in triplicate, a [ seal] J o h n E. F a u l k , will be dismissed. This dismissal, however, is without prejudice to Three States Broad­ written appearance stating an intention Hearing Examiner. casting Co.’s renewing its request in the to appear on the date fixed for the hear­ [F.R. Doc. 69-3103; Filed, Mar. 12, 1969; form of a petition to enlarge issues, pursu­ ing and present evidence on the issues 8:51 am .] ant to § 1.229 of the rules. specified in this order.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5190 NOTICES

11. It is further ordered, That thecommitments. Petitioner is presumably points out that due to the sparse popu­ applicants herein shall, pursuant to sec­ basing its opposition on Carroll Broad­ lation and the fact that retail estab­ tion 311(a)(2) of the Communications casting Company v. Federal Communica­ lishments are in the main small and Act of 1934, as amended and § 1.594 of tions Commission, 103 U.S. App. N.C., 346, scattered throughout the area, it main­ the Commission’s rules, give notice of the 258 F. 2d 440, 17 R R 2066 (1958). The tains two full-time salesmen who travel hearing, either individually or, if feasible petitioner relies on Missouri-Illinois as far as 100 miles from Cedar City to and consistent with the rules, jointly, Broadcasting Co., FCC 64, 748, 3 R R 2d “ scrounge” for local accounts. KSUB within the time and in the manner pre­ 232 (1964), as to “ the particulars” of its argues that in view of New Era’s plans scribed in such rule, and shall advise argument, and Folkways Broadcasting to handle sales with three persons, each the Commission of the publication of Co., 375 F 2d 299, 8 RR 2d 2089 (1967). of whom is to handle other duties such such notice as required by § 1.594(g) of 4. In its effort to show that there is as announcing and traffic, it is difficult the rules. insufficient revenue potential in the to see how it can attract new advertising. Adopted: February 26,1969. Cedar City area to adequately support The petitioner also avers that it com­ two AM radio stations, KSUB provides petes for its advertising with Station Released: March 7, 1969. demographic and economic data, a tab­ KSVC, Richfield, Utah, which draws F ederal C ommunications ulation and evaluation of its accounts, advertising from Millard, Beaver, Gar­ C o m m is s io n ,2 and a “ survey” of its major advertisers field, and Piute Counties; with Station [ s e a l ] B e n F. W a p l e , which, according to the petitioner, in­ KDXU, St. George, Utah, drawing from Secretary dicates that “ the major part of the radio Washington, Iron, and Kane Counties; advertising budget is already being spent and with Station KPGE, Page, Arizona, [F.R. Doc. 69-3055; Filed, Mar. 12, 1969; which advertises in Kane, Washington, 8:49 a.m.] for this purpose” . As noted by the pe­ titioner, Cedar City, with a population and Iron Counties.4 The petitioner also of 7,543/ is located in Iron County, Utah, states that the following newspapers [Dockets Nos. 18458,18459; FOG 69-181] which has a population of 10,795, and compete for local advertising revenues: NEW ERA BROADCASTING CO., INC., estimated retail sales for 1965 in the Southern Utah News Advertiser, South­ amount of $19,976,000. Although KSUB ern Utah News, Washington County AND SOUTHERN UTAH BROAD­ derives the bulk of its revenue from Iron News, Iron County Record, Beaver Press, CASTING CO. (KSUB) County, it also solicits advertising in Garfield County News, Pioche Record, Memorandum Opinion and Order Millard, Washington, Beaver, Garfield, Caliente Herald. (Neither Cedar City Kane, Piute, and Lincoln (Nevada) nor Iron County has a newspaper). Designating Applications for Con­ Counties, with a total population, in­ 6. Petitioner, estimates that the opera­ solidated Hearing on Stated Issues cluding Iron County, of 43,374.2 Total tion of another station in Cedar City In re applications of New Era Broad­ combined retail sales for these counties would result in a loss to KSUB of at casting Co., Inc., Cedar City, Utah,. Re­ for the years 1963, 1964, and 1965 were least $35,000 a year in sales, and to com­ quests: 940 kc, 10 kw, Day, Docket No. 61.1, 58.0, and 62.3 million dollars, re­ pensate for this loss it would have to 18458, File No. BP-17242, for construc­ spectively, of which 19.3, 18.8, and 19.9 revise its organizational structure, pro­ tion permit; Southern Utah Broadcast­ million were attributable to Iron County. gram format, and entire concept of doing ing Co. (K S U B ), Cedar City, Utah, Has 5. Referring to its advertiser evalu­ business. Specifically these revisions Lie: 590 kc, 1 kw, DA-N, U, Docket No. ation, which is essentially a tabulation would include (i) a change from a 18459, File No. BR-933; for renewal of of its current accounts, the petitioner balanced middle-of-the-road approach license. states that of 217 potential local ac­ in programing to a contemporary sound, 1. The Commission has before it for counts in Cedar City itself, 165 have ad­ top 40—country music type format; (ii) consideration (a) the above-captioned vertised over KSUB during 1966, an ad­ discontinuance of its College of Southern applications; (b) a petition to deny the ditional 34 accounts are not available Utah sports program; (iii) a cut back on application, filed by Southern Utah for local advertising, and there are at hours of operation with a sign-off time Broadcasting Co., licensee of standard most 18 untapped sources in the city.8 of possibly 9 p.m.; and (iv) the probable broadcast station KSUB, Cedar City, Implying that New Era would divert local termination of its CBS affiliation. As to Utah (hereinafter referred to as revenues from present KSUB advertisers, organizational changes, the petitioner “KSUB” ) ; and (c) pleadings in opposi­ the petitioner claims that approxi­ anticipates that it would release two full tion and reply thereto. mately $9,000 of local revenues now spent time people and one engineer-announcer, 2. Petitioner claims standing as a with KSUB by Cedar City merchants its combination sales, news, and sports party in interest on the ground that as would be lost to New Era solely because man, and its part-time office help, and licensee of Cedar City’s only existing of the fact that certain named mer­ that in addition to various curtailments radio station it would suffer substantial chants are associated with the owner­ and substitutions in programing which economic injury should the applicant’s ship of New Era. The petitioner also this loss of manpower would entail, the proposal for a second standard broadcast station would no longer be able to con­ station in Cedar City be granted. The tinue to search out the needs, and to 1 All population figures, unless otherwise produce and program material which is Commission finds that the petitioner indicated, are from the 1960 U.S. Census. does have such standing within the a Based on Commission studies, a total necesary in informing the public about meaning of section 309(d) (1) of the population of 51,845 would be served by New the various civic activities which merit Communications Act of 1934, as amend­ Era’s proposed station. The applicant pro­ public support and information. ed, and § 1.580 (i) of the Commission’s poses to provide service to these seven 7. KSUB anticipates that the savings counties, and also the towns of Mesquite, resulting from the foregoing economies rules. FCC v. Sanders Bros. Radio Sta­ Overton, and Bunker in Clark County, Nev. tion, 309 U.S. 470, 9 RR 2008 (1940). would amount to only about $14,500, and 3 Petitioner’s account tabulation is com­ that accordingly, it would be unable to 3. The basis of KSUB’s request for plex and somewhat conflicting, e.g., it states 35,000 denial of the application is a contention that there are 567 businesses in the four accept the anticipated loss of $ in that the competition for local revenues principal counties (Iron, Washington, Beaver local business and still operate in the which another radio station in Cedar and K an e); that of these, 173 are not avail­ black. Further, the petitioner submits City would engender would result in able for advertising for various stated rea­ that the proposed New Era operation degradation of public service program­ sons, 70 are in Kane County where the KSUB would not be able to replace the afore- ing presently provided by KSUB. More­ signal is weak, and 121 are in St. George County which has its own station (KDXU). over, concludes the petitioner, there is Thus, it would appear by petitioner’s figures * New Era states that petitioner is in erro no assurance that, with the limited that there are 203 potential advertisers in in stating that Station KDXU servesir amount of local revenues available, New these four counties. However, another table and Kane Counties and that Station Era’s station could fulfill its program showing the number of local accounts by serves Washington and Iron Counties. Co ■ county indicates that KSUB had, during the mission studies indicate that the fo® first 8 months of 1966, a total of 207 accounts station serves only parts oi Iron and Ka • * Commissioners Robert E. Lee and H. Rex in these counties, and this figure includes and the latter station none of Washingt Lee absent. only accounts “sold by its own salesmen”. and Iron Counties.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5191 said services which KSUB “ could no the survey.7 New Era observes that 30 the needs, tastes and desires of its au­ longer provide” because (i) New Era does respondents indicated “ maximum” ex­ dience, New Era asks, how can a change not propose nighttime operation; (11) penditures totaling $31,509 and 26 indi­ in format make it more successful? As without nighttime operation there can cated “minimum” or “medium” expendi­ to the College of Southern Utah sports be no college sports coverage; (Hi) news tures totaling $22,722, and moreover, broadcasts, New Era does not mention would not be adequately covered as New according to KSUB’s own figures, the re­ line charges (which KSUB says total Era does not propose a wire service or maining 182 of its 238 accounts only $15,000), but states that these broad­ an organized local news staff; (iv) local provided it with $23,081.73 in advertising casts are fully sponsored, with the sports- public service would suffer, since pre­ revenues. The applicant points out that caster’s expenses paid by the college, and sumably the smaller proposed staff of the untapped advertising potential of that it would like to be able to carry these New Era would be unable to do what these accounts is self-evident. ( should KSUB in fact give them up.10 KSUB “would no longer be able to do” ; 10. Citing retail sales data vis-a-vis Similarly, the vast majority of the pro­ and (v) service to outlying communities KSUB’s accounts, New Era contends that grams classified or described as public would suffer as the proposed outlet does by using local residents on a commission service programs by KSUB, such as its not provide for sufficient outside sales basis throughout its primary service area “ This is My Country Contest” are, ac­ personnel to meet the needs. it can show a much more efficient use of cording to New Era, fully sponsored re­ 8. New Era, in its opposition to thepersonnel than that demonstrated by venue-producing programs. The appli­ petition6 asserts that Cedar City, the KSUB, which claims a total of only 238 cant also contends that all but one of the largest city in southern Utah is the geo­ out of a possible 567 possible accounts, religious denominations broadcasting on graphic, economic and distribution cen­ with two full-time salesmen bringing in KSUB must pay for their time. As to local ter of the tristate area of southern Utah, only 83 accounts from outside of Iron news and public service coverage, New northern Arizona, and eastern Nevada, County.8 New Era also observes that part Era states that KSUB has never at­ with a population increase of more than of the reason for KSUB’s inefficient ac­ tempted to provide real local service to 23.5 percent for the city and 12 percent count sales is due to failure to provide an people outside of Cedar City, and that for the county between 1950 and 1960. adequate commercial signal to several any alleged cutback in this area on the Moreover, while the labor force increased populous portions of Washington, Kane, part of KSUB would be more than offset 14.3 percent during this period, employ­ Garfield, Millard, Piute, and Clark Coun­ by the new service for all of Southern ment rose by 16.1 percent and unemploy­ ties, and also states that its rates are Utah which the applicant would provide. ment decreased by 19.4 percent and too high for many of the local advertisers. 12. Although the applicant appears to further, according to the applicant, re­ The applicant concludes that it need not have effectively rebutted many of the tail trade sales in Iron County increased take any advertising away from KSUB, petitioner’s economic allegations, we find from $14,486,000 in 1958 to $18,725,000 in will not compete at all with it at night, that a hearing is required. In this regard, 1963, and retail trade payrolls increased and that with the untapped advertising we note that the court in Folkways11 from $1,504,000 to $1,936,000. New Era potential in the area plus an estimated decreed that: “ * * * At times there also refers to a “population explosion” $9,000 annual revenue from national and might be a knowledge of a specific finan­ in the two area colleges, College of South­ regional sources, and $15,000 minimum cial loss and its detrimental consequence ern Utah; and Dixie College, and states for regional and network sales, it will on programing, but we think a Carroll that the University of Utah estimates be able to operate at a profit. Further­ hearing may not be limited to a case in that the increased enrollment at both more, New Era challenges KSUB’s which preknowledge of the exact eco­ schools will double the population of financial figures as to operating ex­ nomics of the situation is necessarily both Cedar City and St. George. As an penses9 and asserts that its conclusion available. Requiring such precision would indication of its outlook for a tourist as that a loss of at least $35,000 a year in eliminate the doctrine as a practical well as an industry boom, the applicant sales would result if the proposed station matter.” describes Cedar City as “the gateway to is actuated “is completely unsupported by facts and shown to be false by our As to the question of withdrawal of pro­ Southern Zion National Park, Bryce grams, the court indicated that a specific Canyon National Park, and the northern factual showing regarding advertising potential”. advance showing that a particular pro­ rim of the Grand Oayon,” and provides a gram would be abandoned should the newspaper article which refers to the 11. Finally, New Era questions the economic injury ensue would be to force new “Iron Mission Park” , and to Brian- petitioner’s anticipated program changes an advance decision where some latitude head and other local ski areas as evi­ in the event of a grant of its application, should be left to management. Such a dence that some of its tourist and recrea­ <*and whether in fact these would be requirement would “come too close to tion aspirations are already being necessary. For example, if Station KSUB realized.® nullification of the Carroll doctrine”. For is presently operating in accordance with these reasons, we find that the petitioner 9. Responding to KSUB’s argument has raised substantial and material ques­ that the major part of the local radio 7 The survey letter, printed on K SUB ’s sta­ tions of fact concerning the ability of advertising budget available is already Cedar City to support another standard being spent, New Era challenges the tionery, states that It is “conducting a survey broadcast station without a net degrada­ validity of the petitioner’s survey of its to evaluate our sales efforts and more fuUy determine radio advertising potential in our tion of program service to the public. Ac­ jnajor advertisers on the basis that (i) market * * The letter indicates the cordingly, a Carroll issue will be specified. it was biased since the latter question­ addressee’s expenditures for 1963, 1964, and 13. In K-Six Television, Inc., 2 FCC naire did not indicate that it concerned 1965, requests an indication as to whether a new additional radio station; (ii) it this represents, the maximum, medium or 2d 1021,7 RR 2d 128 (1966), we held that was sent only to present KSUB adver­ minimum amount that the firm should ,be where an existing licensee raises a Car- tisers and provides no indication of spending for advertising, and solicits com­ roll issue while an application for re­ Potential new advertisers; and (iii) only ments on K SUB’s service. newal of the existing station’s license is 56 (of 101 letters sent out) of 567 8 New Era provides its own survey indicat­ pending, the public interest requires that ing that of 94 present KSUB advertisers, 90 potential advertisers were represented in would also advertise on a new station, and of 50 potential (non-KSUB) advertisers in­ 10 Petitioner states that the present season 5 New Era contends at the outset of Its terviewed, 32 “might”, and 18 “would package price is $5,353, of which $4,138 is opposition pleading that the KSUB petition definitely” advertise on the proposed station. paid for outside services, leaving only $1,215 snouid be dismissed, contending that the 0 New Era asserts that KSUB has failed tofor station operation. As to its “probable petitioner’s affidavit in support of its allega- include depreciation and payments to prin­ termination of our CBS affiliation”, New Era tions was defective under section 300(d) ( 1) cipals; also that some of the expenses charged observes that we are provided with no in­ ox the Communications Act of 1934, as to KSUB may be attributable to some of its formation or data for assessing the effect «mended. However, any possible defect in commonly owned stations. KSUB, however, of this (either as to loss of programing to the uus regard has since been eliminated by a provided the figures in this category requested public, or savings as to KSUB), but that in affidavit which the petitioner filed pursuant to the Missouri-IUinois require­ any case it (New Era) wifi provide ABC net­ Pleadin Era opposition ments, to wit, local advertising revenues, work programing. total revenues, total expenses, net profit, 11 Folkways Broadcasting Co., 375 F. 2d 299, 6 Salt Lake Tribune Business, Feb. 5, 1967. and number of employees. 8 RR. 2d 2089 (1967).

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5192 NOTICES such renewal application be designated an additional standard broadcast sta­ [Report No. 430] for hearing in a consolidated proceeding. tion in the area proposed to be served COMMON CARRIER SERVICES As we stated there, this procedure is by New Era Broadcasting Co., Inc., with­ necessary because if it should be found out a net loss or degradation of broad­ INFORMATION 1 that the area cannot support another cast service to such area. Domestic Public Radio Services Appli­ broadcast station without a net loss of 3. To determine, in the event that Is­ cations Accepted for Filing 2 service to the public, the Commission sue 2, above, is resolved in the negative, must determine that the limited broad­ whether á grant of the above-captioned M arch 10, *1969. casting facilities available will be oper­ application of New Era Broadcasting Co., Pursuant to §§ 1.227(b) (3) and 21.26 ated by the party who will better serve Inc., or a grant of the above-captioned (b) of the Commission’s rules, an appli­ the public interest. Moreover, if it de­ application of Southern Utah Broadcast­ cation, in order to be considered with velops that a comparison is necessary ing Co., would better serve the public any domestic public radio services appli­ between the renewal application and the interest. cation appearing on the attached list, new proposal, consolidation of the two 4. To determine, in the light of the must be substantially complete and tend­ applications for hearing at the outset evidence adduced pursuant to the fore­ ered for filing by whichever date is ear­ makes possible an earlier determination going issues, which of the applications lier: (a) The close of business 1 business of which applicant would better serve should be granted. day preceding the day on which the Com­ the public interest. Accordingly, such 17. I t is further ordered, That, the bur­ mission takes action on the previously consolidation, with a contingent com­ den of proceeding with the introduction filed application: or (b) within 60 days parative issue, will be ordered herein.“ of evidence and the burden of proof with after the date of the public notice listing 14. Based on information provided by respect to Issue 2, above, are hereby the first prior filed application (with New Era, a total of $78,934 will be needed placed upon Southern Utah Broadcast­ which subsequent applications are in con­ to construct and operate the proposed ing Co. flict) as having been accepted for filing. station for 1 year without resort to 18. I t is further ordered, That, the pe­ An application which is subsequently broadcast revenues. It is estimated that tition of Southern Utah Broadcasting amended by a major change will be con­ a total of $37,774 will be required to meet Co. is granted to the extent indicated sidered to be a newly filed application. first year construction and equipment above and is denied in all other respects. It is to be noted that the cutoff dates are costs, and $41,160 for working capital. set forth in the alternative—-applications New Era has established the availability 19. It is further ordered, That, to avail themselves of the opportunity to be will be entitled to consideration with of $2,400 in cash and/or liquid assets, those listed in the appendix if filed by the $47,600 in stock subscriptions, and a heard, the applicants, pursuant to § 1.221 (c) of the Commission’s rules, in person end of the 60-day period, only if the Com­ $20,000 bank loan commitment, for a mission has not acted upon the applica­ total of $70,000. Thus, the applicant falls or by attorney, shall, within 20 days of the mailing of this order, file with the tion by that time pursuant to the first $8,934 short of the required available alternative earlier date. The mutual ex­ liquid assets and a financial issue will Commission in triplicate, a written ap­ pearance stating an intention to appear clusivity rights of a new application are. therefore be specified. governed by the earliest action with re­ 15. In view of the foregoing, the Com­ on the date fixed for the hearing and present evidence on the issues specified spect to any one of the earlier filed con­ mission is unable to make the statutory flicting applications. finding that a grant of either or both in this order. 20. I t is further ordered, That the ap­ The attention of any party in interest of the above-captioned applications desiring to file pleadings pursuant to would serve the public interest, conven­ plicants herein shall, pursuant to sec­ tion 311(a)(2) of the Communications section 309 of the Communications Act ience and necessity, and is of the opinion of 1934, as amended, concerning any do­ Act of 1934, as amended, and § 1.594 of that the applications must be designated mestic public radio services application for hearing in a consolidated proceed­ the Commission’s rules, give notice of the hearing, either individually or, if accepted for filing, is directed to § 21.27 ing, on the issues set forth below. of the Commission’s rules for provisions 16. Accordingly, it is ordered, That, feasible and consistent with the núes, jointly, within the time and in the man­ governing the time for filing and other pursuant, to section 309(e) of the Com­ requirements relating to such pleadings. munications Act of 1934, as amended, ner prescribed in such rulé, and shall the application of New Era Broadcast­ advise the Commission of the publication F ederal C ommunications ing Co., Inc., for a construction permit of such notice as required by § 1.594(g) C o m m is s io n , and the application of Southern Utah of the rules. [ s e a l] B e n F. W a p l e , Broadcasting Co. for renewal of its Adopted: February 26,1969. Secretary. license for Station KSUB, are designated Released: March 10,1969. 1 All applications listed in the appendix are for hearing in a consolidated proceeding subject to further consideration and review at a time and place to be specified in a F ederal C ommunications and may be returned and/or dismissed if not subsequent order, upon the following C o m m is s io n ,“ found to be in accordance with the Commis­ [ s e a l ] B e n F . W a p l e , sion’s rules, regulations, and other require­ issues: Secretary. ments. 1. To determine, with respect to the * The above alternative cutoff rules apply [F.R. Doc. 69-3056; Filed, Mar. 12, 1969; application of New Era Broadcasting Co., to those applications listed in the appendix 8:50 a.m.] as having been accepted in Domestic Public Inc.: Land Mobile Radio, Rural Radio, Point-to- (a) The sources of additional funds “ Commissioners Robert E. Lee and H. Rex Point Microwave Radio, and Local Television necessary to meet the costs of construc­ Lee absent; Commissioner Cox dissenting. Transmission Services (Part 21 of the rules). tion and operation of the proposed sta­ A ppe n d ix tion during the first year. Applications A ccepted for F il in g (b) In light of the evidence adduced DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE pursuant to (a) above, whether this ap­ File No., applicant, call sign and nature of application plicant is financially qualified. 2. To determine whether there are 5066- C2-P-69— Credit Bureau of Decatur, Inc.; (New) ; C.P. for a new 1-way station to be located at 260 East Wood Street, Decatur, 111., to operate on frequency 158.70 MHz. adequate revenues available to support 5067- C2-P-69— Atlas Security Service, Inc.; (KFL946); C.P. to add a second channel to operate on base frequency 152.15 MHz located at 833 East Elm Street, Springfield’ M°- 12 Provision for this eventuality was oc­5069- C2-P-(3)69— General Telephone Co. of the Southwest; (KKA284); C.P. to add a third casioned by the Commission’s action of channel to operate on bas» frequency 152.60 MHz and replace transmitters operating Oct. 11, 1967, setting aside a previous grant of on 152.51 and 152.81 MHz at station located at 320 North Shipp Street, Hobbs, N. Mex. KSUB’s renewal. Southern Utah Broadcast­ 5070- C2-P-69— Calumet Radio Dispatch; (KSB589); C.P. to change the antenna system ing Company, 10 FCC 2d 320,11 B R 2d 450. operating, on 152.09 MHz located at 504 Broadway, Gary, Ind.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5193

DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE---Continued GEORGIA 5072- C2—P—69—Relay Communications Corp.; (New); C.P. for a new 2-way station to be Call located on Route 68, Riverhead, N.Y., to operate on base frequency 152.06 MHz. Licensee sign 5073- C2-P-69— General Telephone Co. of the Southwest; (New); C.P. for a new 2-way Chapman Radio & Television Co__ KIE953 station to be located at 3500 North Beltline Road, Irving, Tex., to operate on frequency Professional Administrative Serv­ KIG300 454.525 MHz. ice, Inc. 5074- C2-P-69—General Telephone Co. of California; (KMM617); C.P. to replace base ILLINOIS transmitter operating on 152.66 MHz and change the antenna system for same located Central Watch Service, Inc------KSD312 at Mount Solomon, 8 miles south of Santa Maria, Calif. William A. Houser______KSD313 5075- C2—P—69— Central Mobile Radio Phone Service; (KQK595); C.P. to replace base North Shore Radio-Telephone, KSB590 transmitter operating on 152.15 MHz located at 505 Jefferson Avenue, Toledo, Ohio. Inc. 5076- C2-P-69—Florida Radio Phone; (KIG845); C.P. to add a second channel to operate Do______KSD316 on frequency 454.175 MHz at station located at 3101 North Federal Highway, Fort INDIANA Lauderdale, Fla. 5078- C2-P-(2) 69—The Mountain States Telephone & Telegraph Co.; (KAH667); C.P. Harold’s Radio Service______KSD321 KSD320 to replace defective coaxial transmission lines on frequencies 152.63 and 152.69 MHz for Radio Page of Michiana, Inc------Terre Haute Mobile Radio Serv­ KSB655 station located at 1 mile south-southeast of Monte Vista, Colo. ice. 5079- C2-P—(2)69— South Central Bell Telephone Co.; (KKM580); C.P. to add a second IOWA channel to operate on frequency 152.63 MHz and remove an isolator from transmission line. Station location; 248 East Capitol Street, Jackson, Miss. Answer Iowa, Inc------i------KAF244 5080- C2-P-69— General Telephone Co. of Illinois; (New); C.P. for a new 2-way station Do______KAI934 to be located at 439 South Main Street, Princeton, 111., to operate on base frequency Do______KAL879 152.66 MHz. Do______:------KCI306 5081- C2-P-69— General Telephone Co. of Kentucky; (New); C.P. for a new 1-way station Do______KCI307 KFQ920 to be located near 13th Street and Lexington Avenue, Ashland, Ky., to operate on base Do______frequency 152.84 MHz. Do______KJU810 5082- C2-P-(2)69—The Chesapeake & Potomac Telephone Co. of Virginia; (KIC347); KENTUCKY C.P. to add two base channels on 152.54 and 152.60 MHz and two test channels on Paducah Radio Telephone Serv­ KJU799 157.80 and 157.86 MHz, at station located at 120 West Bute Street, Norfolk, Va. ice. 5196- C2-TC-(2)-69—Radiofone of Georgia, Inc.; Consent to transfer of control from Portsmouth Radiotelephone------KFQ936 Parmelee Ward, Transferor, to: Radio Communications & Electronics Co., Transferee. Stations: KJU807 Valdosta, Ga.; KLF502 Tifton, Ga. LOUISIANA 5197- C2-P-69—Mobilfone of Kansas; (New); C.P. for a new 2-way station to be located Morgan City Mobilephone______KFJ896 at 1.5 miles west of city limits, Topeka, Kans. Radiofone ______KK0349 5237- C2-P-69—South Central Bell Telephone Co.; (KIA648); C.P. to add'a third channel D o ______— ------KLB571 on base frequency 152.78 MHz and change the antenna system located at 521 West Selective Radio Paging, Inc------KKT407 Chestnut Street, Louisville, Ky. Southern Message Service, Inc— „ KKO360 5238- C2—ML-69— Indiana Bell Telephone Co.; (KSJ612); Modification of license to change D o ______KKQ962 the signaling frequency from 454.990 MHz to 454.675 MHz at developmental station D o ______KLB319 located at Beach Hilltop Subdivision Road, northeast of Hillcrest Road, Vincennes, Ind. D o ______•______KLB681 5235—C2—P—(2) 69— Empire Communications Co.; (KOP306); C.P. to relocate facilities at MARYLAND location No. 1 to: Noah Butte, 4.5 miles east of Coos Bay, Oreg.; replace base trans­ The Airpage Co------— KGC402 mitter operating on 152.03 MHz; replace repeater transmitter on 459.05 MHz and change Radio Communications, Inc. KGC230 the antenna system for same. D o ______KGC583 Renewals of licenses expiring April 1, 1969. COLORADO D o ______KGC587 Term: April 1,1969, to April 1,1974. Call D o ______^______KGC598 D o ______KGC594 ALABAMA Licensee sign Call Answerphone, Inc______i______KFL930 MASSACHUSETTS Communications, Inc______KAA280 Licensee sign Boynton Communications____ KCB893 Empire Dispatch, Inc______KAA279 Anniston Communications Serv­ KIY532 Radio Call______— ------KCB890 ice. Mobile Radio-Telephone Service, KAQ606 Inc. Chapman Radio & Television CO__ KIE366 MICHIGAN RI-AN Enterprises, Inc______,___ KAF241 Do...... KIF650 John W. Bennett______KOP326 Ute Communications______KAF645 Do______KIY734 D o ______KQK772 McCord’s Communications. Serv­ KIG303 CONNECTICUT Mobile Radiophone & Paging KQK771 ice. A irpage______KCC802 Service. Phenix Communications -Co., Inc_ KLF555 KQK577 Associated Telephone Answering KCI309 Radio Dispatch Service------,— KQC884 ARIZONA Service. New York Technical Institute of Murray Cohen______Cincinnati, Inc. Southwest Communications_____ KOF906 KCI299 Mercer & Dunbar Armored Car KCA514 MINNESOTA CALIFORNIA Service, Inc. Page Boy, Inc— ------KAA887 Auto-Phone Co____ KLF482 Do______KCA746 D o ______- ______KAH661 Do______KME439 Mobilfone System, Inc______KCC484 Radio Services------KFJ900 Carford Corp______KMA219 Well Service______KCC479 Electropage, In c____ IIIIIIIIII” KMD986 MISSOURI Intrastate Radio Telephone, Inc. KMA260 DELAWARE of San Bernardino. Anserphone of Kansas City, Inc__ KAF245 Wilmington Telephone Answering KGC591 Kidd’s Communications, Inc_____ KMA257 Central Mobilphone Service______KFJ899 Do______Service, Inc. Ozarks Radio Co______KBM516 KMD349 FLORIDA Jack Loperena______KMA267 MONTANA Mobilfone, Inc KMA253 Anserfone, Inc______KIA955 Do KMB309 Anserfone of St. Lucie County, KIG838 Blue Mountain Mobile Phone Co_ KFQ922 National Communications Sys­ KMM704 Inc. NEVADA tems, Inc. Bair Communications-______KIY520 Do____ KMM705 Haywood & Stevens______KLF491 Sierra Communications, Inc_____ KOP244 Do______III” ” ” ” “ ” ” KMM706 Jacksonville Radio Dispatch Serv­ KIB388 NEW JERSEY Orange County Radiotelephone KMB304 ice. Service, Inc. Do______KIQ510 Page Call, Inc______;— KEC935 Riggs Radio Dispatch KMA836 Radio Telephone Co. of Gaines­ KFL922 Tra-Mar Radio Communications- KEJ888 Do____ ' _ KME446 ville. NEW MEXICO Do______IIIIIIIIIIIZ----- KME447 Do______KIY464 Radio Page Communications,"incl KME438 Do______KJU814 ANSR Corp-...... KFU897 anta Cruz Telephone and Radio KMD683 Abe Schonfeld______KIM906 D o ______KLB315 Service. James T. Whitaker____ '______KIM899 Associated Telephone Answering KKI452 Do...... KME437 Willcox Communications______KJU805 Service.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5194 NOTICES

î w Mexico— continued RURAL RADIO SERVICE Call Licensee sign 5071-C1-P/L-69— South Central Bell Telephone Co.; (N e w ); C.P. for a new rural subscriber Contact of New Mexico.______K LB 668 station to be located at 12 miles south-southwest of Plaquemine, La., to operate on El Paso Radiotelephone Co______KLB566 frequencies 157.86 and 157.89 MHz. D o ------KLB6875077-C1-P-69— The Pacific Telephone & Telegraph Co.; (KZ123); C.P. to add frequency Vernon H. Johnson______KKT397 157.89 MHz communicating with station KMA745, El Cerrito, Calif., at station located at Radio Dispatch Service______KLB513 Brooks Island, Richmond, Calif. NEW YORK 5239-C1-P-69— Communications Engineering, Inc.; (KXP27); C.P. to replace transmitter operating on 158.49 MHz and add frequencies 158.52 and 158.55 MHz communicating with M RN Services, Inc______KED367 Station KWA634, Anchorage, Alaska. Subscriber and location: Arctic Oil Tool, Kenal Spur Rochester Uni-Call Radio Corp___ KEC521 Road, Soldatna, Alaska. Selective Page______KEK276 5249-C1-P/ML-69—Pacific Northwest Bell; (XSQ46); C.P. and modification of license to Tel-Page Corp______KEC941 relocate station at 6.5 miles east-northeast of Sumpter, Oreg., operating on frequency NORTH CAROLINA 157.86 MHz communicating with Station KOP300, Baker, Oreg.

Lenoir Communications Co______KIY395 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) Two-Way Radio of Carolina, Inc_ KIY754 - D o ______KIY755 5083- C1-P-69— General Telephone Co. of Florida; (K IY21); C.P. to replace transmitter OHIO operating on frequency 6256.5 MHz toward St. Petersburg, Fla. (WLCY-TV studios) ahd change the antenna system located at 830 Arlington Avenue, St. Petersburg, Fla. Anserphone, Inc______KQK773 5084- C1—P—69— South Central Bell Telephone Co.; (K IB 8 4 ); C.P. to add 3810 MHz toward Carpenter Radio Co------KQK730 Hokes Bluff, Ala., at station located approximately 1.5 miles southwest of Anniston, Ala. Cleveland Mobile Telephone, Inc. KQA646 D o ______KQB692 5085- C1-P-69— South Central Bell Telephone Co.; (K V I2 6 ); C.P. to add 3850 MHz toward E & J Mobile Radio Service______KFJ887 Coldwater, Ada., and Gadsden, Ala., at station located approximately 3 miles south-south­ Miami Valley Radiotelephone___ _ KQK592 east of Hokes Bluff, Ala. Northern Mobile Telephone Co___ KQB688 5086- C1-P-69— South Central Bell Telephone Co.; (K IX60); C.P. to add 3810 MHz toward D o ______KQB689 Hokes Bluff, Ala., at station located 748 Forrest Avenue, Gadsden, Ala. Maureen L. Smith______KQC881 5198- C1-P/ML-69— The Pacific Telephone & Telegraph Co.; (KMJ95); C.P. to add 5974 MHz toward Sacramento, Calif. (TV Station KTXL) and change the antenna system at OREGON station located at 1407 J Street, Sacramento, Calif. Empire Communications Co_____ KOK331 5199- C1-P-69— American Telephone & Telegraph Co.; (K EE60); C.P. to add 5945.2 and Pacific Union______KOP256 6123.1 MHz toward Jackie Jones Mountain, N.Y., at station located at 2.5 miles northwest D o ______KUA287 of Colesville, N.J. Radio Pocket Page, Inc______KOA796 5200- C1-P-69— American Telephone & Telegraph Co.; (KEA63); C.P. to add 6197.2 and PENNSYLVANIA 6375.2 MHz toward Colesville, N.J., at station located at 5 miles west of Stony Point, N.Y. Altoona Telephone Message Cen- KGC588 5201- C1-P-69— American Telephone & Telegraph Co.; (KEA23); CJ*. to add 3710 and 4110 ter. MHz toward New Brunswick, N.J., at 0.3 mile north of Martinsville, N J. Contact ______KGC596 5202- C1-P-69— American Telephone & Telegraph Co.; (KEM53); CJ*. to add 3750 and 4150 K & M Management Co______KGA804 MHz toward Martinsville, NJ., at station located at 18 Paterson Street, New Brunswick, Pennsylvania Radio Telephone KGA808 N".J. Corp. Telephone Answering Service, KGA805 5242- C1-P-69— Southwestern Bell Telephone Co.; (K K B 53); C.P. to replace transmitters op­ Inc. erating on frequencies 3730, 3810, and 3890 and add 3970 MHz toward Houston, Tex.; change the antenna system and relocate same to 2.2 miles south-southwest of Spring, Tex. SOUTH CAROLINA 5243- C1-P-69— Illinois Bell Telephone Co.; (N e w ); C.P. to change frequency from 11,662.5 All Services, Inc______KLF484 MHz to 10,755 MHz; change point of communication; replace transmitter and change Myrtle Beach Communications___ KIK581 the antenna system located at 3245 West Arthington, Chicago, 111. 5244- C1-P-69— Illinois Bell Telephone Co.; (N e w ); C.P. to change frequency from 6037.5 TEXAS MHz to 11,685 MHz; change point of communication; replace transmitter and change Autophone of San Antonio:______KKJ451 the antenna system located at 8324 North Skokie Boulevard, Skokie, 111. Contact of Texas______,______KKD284 American Telephone & Telegraph Co.; Nine (9) C.P.’s to construct initial radio relay El Paso Radiotelephone Co__._____ KKE968 channels on a new route and additional radio relay channels on an existing route as Hereford Communications______KOP327 follows: .Houston Radiophone Service____ KKA344 Mobaphone Dispatch Service Co__KLB330 5245- C1-P-69—American Telephone & Telegraph Co.; (KEA77); Add 4070 MHz toward Mobilfone Communications, Inc. KKX714 Mount Airy, N J., at station located at 0.8 mile north of Cherryville, N.J. Do ______KLB498 5246- C1-P-69— American Telephone & Telegraph Co.; (K YS55); Add 4030 MHz toward X. Nady, Jr______K K V 688 Cherryville and Monmouth Junction, N.J., at station located at 1.5 miles southeast of D o ______KLB563 Mount Airy, N.J. Page A Phone Corp______KFL0O2 5247- C1-P-69— American Telephone & Telegraph Co.; (K Y S56); Add 4070 MHz D o ______KKG410 toward D o ______:______KKG562 Mount Airy and Navesink, N.J., at station located at 2.2 miles northwest of Monmouth D o ______KLB502 Junction, N.J. D o ______KKX712 5248- C1-P-69—American Telephone & Telegraph Co.; (KEE54); Add 4030 MHz toward PerryTex Communications Co____ KLB320 Monmouth Junction, N.J., at station located at 0.5 mile west of Navesink, NJ. Ratel Communications Co______KFL911 5249- C1-P-69—American Telephone & Telegraph Co.; (KEB47); Add 3950 MHz toward Telephone & Radio Answering KKE964 Hempstead, N.Y., and 3710 and 3790 MHz toward Shirley, N.Y., at station located at Service Co., Inc. D o ------KKG411 Plainview, 1.7 miles southwest of Melville, N.Y. 5250- Cl-P-69— American Telephone & Telegraph Co.; (KEE50); Add 4070 and 4150 MHz VIRGINIA toward Plainview, N.Y., and 3750 and 3830 MHz toward Noyack, N.Y., at station located Bolton’s Radiotelephone Service__ KIY595 Shirley, N.Y. Radio Communications Co., Inc__KIF657 5251- C1-P-69— American Telephone & Telegraph Co.; (KEE51); Add 4030 and 4110 MHz WASHINGTON toward Shirley, N.Y., and 3710 and 3790 MHz toward Montville, Conn., at station located at 2 miles south of Noyack, N.Y. Collins Communications Co_____ KON918 Telecall ______KOA793 6252-C1-P-69-—American Telephone & Telegraph Co.; (KCJ80); Add 3750 and 3830 MHz Tribune Publishing Co______KOP258 toward Noyack, N.Y., and 3750 and 3830 MHz toward Green Hill, R.I., at station located D o ------KOP299 at 4.2 miles northwest of Montville, Conn. 5253-C1—P-69— American Telephone & Telegraph Co.; (N ew ); C.P. for a new fixed station WYOMING to be located at 2.5 miles northeast of Charlestown, R.I., to operate on frequencies Dome Communications.______KLF516 3710 and 3790 MHz toward Montville, Conn.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 Major Amendment [Mexican List 253] 4742—Cl—P—69— Florida Telephone Corp.; (N ew ); Change geographic coordinates from MEXICAN BROADCAST STATIONS lat. 28°55'40" N., long. 27°05'00" W., to lat. 28°65'40" N.f long. 82°27'08" W. Station location: Beverly Hills, Fla. All other particulars same as reported In public notice dated List of New Stations, Proposed Changes in Existing Stations, Deletions, and Feb. 17, 1969, Report No. 427. Corrections in Assignments POINT—TO—POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) F ebr u a r y 17, 1969. List of new stations, proposed changes in existing stations, deletions, and 5025- C1—P-69— Mountain Microwave Corp; (New ); C.P. for a new station at Terry Peak, corrections in assignments of Mexican standard broadcast stations modifying the 3 miles southwest of Lead, S. Dak., at lat. 44°19'32" N., long. 103°50'08" W. Frequency assignments of Mexican broadcast stations vcontained in the Appendix to the 5974.8 MHz on azimuth 286°21\ Recommendations of the North American Regional Broadcasting Agreement En­ 5026- C1-P-69— Wyoming Microwave Corp.; (K TG 49); C.P. to add frequency 11,175 MHz gineering Meeting, January 30,1941. on azimuth 254° 42’. 5027- C l-P —69— Wyoming Microwave Corp.; (K T G -48); C.P. to add frequency 11,305 MHz Sched- Expected date of on azimuth 288° 14'. Call letters Location Power watts Antenna ule Class commencement of 5028- C1-P-69— Wyoming Microwave Corp.; (KPS25); C.P. to add frequency 11,175 MHz operation on azimuth 263°32'. 5029- C1—P—69— Wyoming Microwave Corp.; (KPS63); C.P. to ’add frequency 11,305 MHz 680 kilocycles on azimuth 19° 20'. U III 11-4-68. 5030- C l—P-69— Western Microwave, Inc.; (K PV60); C.P. to add frequency 11,175 MHz on XEAV (in operation with Guadalajara, Jal...... 10,000D/1000N . . ND 10,000D, 1000N, ND, azimuth 13°31'. (Informative: Applicants in applications File Nos. 5025-C1-P-69 since 11-4-68). through 5030-C1-P-69 propose to provide th& signal of KBHE-TV of Rapid City, S. Dak., 680 kilocycles to Montana Video in Billings, Mont.) X E FI (correction of an Chihuahua^ Chih____ 5000D/250N...... ND U HID/ 8-18-66. 5057- C l—P-69— Upper Peninsula Microwave, Inc.; (K Y047); C.P. to add frequency 6086.0 omission: In operation IVN MHz on azimuth 325°09' and 263°30'. with 5000D/250N, ND, U, since 8-16-55). 5058- Cl-P-69— Upper Peninsula Microwave, Inc.; (K Y048); C.P. to add frequency 6338.1 860 kilocycles MHz on aximuth 347°55'. (Informative: Applicant proposes to provide the television signal of W TVS of Detroit, Mich., to Michigan State University at East Lansing, Mich., XEACB (under construc­ Cd. Delicias, Chih___ 500...... — ND U II 2-13-70 (Probable). tion—PN: X E A Y). and to Central Michigan University at Mount Pleasant, Mich.) 730 kilocycles 5059- C l-P —69— Western Microwave, Inc.; (K PV60); C.P. to poorer split frequency 6010 3-28-83. MHz on azimuth 199° 20'. X E X (synchronous with Veracruz, Ver...... 50,000D/10,000N_ ND U II XEX, Mexico, D.F.) 5060- C1-P—69— Wyoming Microwave Corp.; (KPS63); C.P. to add frequency 11,015 MHz (correction of an omis­ on azimuth 141 °41'. sion: In operation since 5061- C1—P-69— Wyoming Microwave Corp.; (K PB65); C.P. to add frequency 11,225 MHz 3-28-63. Temporary operation with 1000W, on azimuth 135°05'. ND, U). 5062- C l—P-69— Wyoming Microwave Corp.; (N e w ); C.P. for a new station at Horse Heaven, 860 kilocycles 18 miles northwest of Alvoca, Wyo., at lat. 42o42'50” N., long. 107°00'44'' W. Frequency XEZR (this cancels the Zaragoza, Coah_...... 1000...... NDD II 11.015 MHz on azimuth 140°31'. notification to increase 5063- C—P-69— Wyoming Microwave Corp.; (N ew ); C.P. for a new station at Pine Hill, hours to unlimited in­ cluded in List No. 235). 19.5 miles north-northwest of Medicine Bow, Wyo., at lat. 42°08'58" N., long. 106°23'04" 960 kilocycles W. Frequency 11,625 MHz on azimuth 142°04'. 5064- C1-P—69— Wyoming Microwave Corp.; (N e w ); C.P. for a new station at Summit, 8.4 XEYJ (this complements Nueva Rosita, Coah.. 1000D/100N...... ND U III 12-17-88. the notification included miles southeast of Laramie, Wyo., at lat. 41°14'15'' N „ long. 105°26'11" W. Frequency in List No. 252: In oper­ 11.015 MHz on azimuth 165°02\ ation on 960 kcls with 5065- C1-P—69— Mountain Microwave Corp.; (N ew ); C.P. for a new station at Horse- 1000D/100N, ND, since 12-17-68. See 1300 fcc/s). tooth, 6 miles west of Fort Collins, Colo., at lat. 40°34'06" N., long. 105°12'02" W. 1020 kilocycles Frequency 11,625 MHz on azimuth 119° 13'. (Informative: Applicants propose in File Nos. 5059 through 5065-C1-P-69 to provide television signal of CJLH-TV of Lethbridge, X E X L (correction of an Patzcuaro, Mich...... 1000...... 1...... ND D II 1 -U -6 Ì. omission: In operation Canada, to Community Television, Inc., in Sterling, Colo., and Sidney, Nebr., and to on 1020 kc/s with 1000W, Ogallala Community TV Co. in Ogallala, Nebr., and to Multi-Pix, Inc., in Kimball, ND, D since 1-14--64. Nebr.) This reduces the power notified in List No. 229 523j6-Cl-ML-69— West Texas Microwave Co.; (KZS71); Modification of license to permit of 3-28-63. See 1370 carriage of audio service consisting of KFJZ-FM signal for delivery to Radio Station kHz). KIKZ, Seminole, Tex. 1100 kilocycles Correction XEG P (assignment de­ Cosamaloapan, Ver... 1000...... DA-N U II leted). 4682-C1—ML-69— Pacific Telatronics, Inc.; (K TG 38); This entry, shown in public notice 1150 kilocycles dated Mar. 3, 1969, is corrected to read as follows: Modification of license to (a) change 1000D/500N...... DA-N u III 12-17-88. frequencies 5997.1 mttv. and 6115.7 MHz to 6026.7 MHz and 6145.3 MHz toward Red Bluff XERM (in operation with Mexicali, B.C...... 1000D/500N, DA-N and Horse Mountain, Calif., on azimuths of 143°00' and 288°30', respectively; and (b ) since 12-17-68. Correc- change frequency 6115.7 MHz to 6145.3 MHz toward Mount Bradley, Calif., on azimuth tion to call letters noti­ \ of 22°31\ Station location: Shasta Bally, 13 miles west of Redding, Calif. fied in List No. 252). [F.R. Doc. 69-3057; Filed, Mar. 12,1969; 8:50 a.m.]

No. 49- ■7 FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5196 NOTICES

Sched- Expected date of tional Bank of Farmington, Farmington, Call letters Location Power watts Antenna ule Class commencement of Maine. operation As required by section 3(b) of the Act, the Board notified the Comptroller of thé 1170 kilocycles Currency of receipt of the application XEZS (this complements Coatzacoalcos, Ver___ 500D/g50N____ . ND UII Upon entry into and requested his views and recommen­ the notification included force o f new dation. The Comptroller made no objec­ in List No. 252: Cancel agreement. the notification to in- tion to approval of the application. crease power included in Notice of receipt of the application List No. 235. In opera- tio n with 500W, ND, D, was published in the F ederal R egister since 4-9-60). on January 23, 1969 (34 F.R., 1089) 1190 kilocycles which provided an opportunity for in­ XEGJ (new)...... Arriaga, Chis...... 250...... ND D H 2-13-70 (Probable). terested persons to submit comments 1970 kilocycl'es and views with respect to the proposed transaction. A copy of the application X E R P L (correction of an Leon, Gto*______1000DI150N___ . DA-D U IIID/ 10-10-69 (Proba- omission: In operation IVN ble). was forwarded to the U.S. Department With 500D/150N, ND, of Justice for its consideration. The time since 11-21-53. Increase in daytime power). for filing comments and views has ex­ 1800 kilocycles pired and all those received have been XEYJ (assignment de­ Nueva Rosita, Coah_. 1000D/100N___ . ND U IV considered by the Board. leted. See 950 kc/s). I t is hereby ordered, For the reasons 1800 kilocycles set forth in the Board’s statement1 of New...... Nueva Rosita, Coah_. 1000D/100N___ . ND U HID/ 2-17-70 (Proba­ this date, that said application be and IVN ble). 1890 kilocycles hereby is approved, provided that the X E A I (this cancels the Mexico, D. F ...... I0,0001>/1000N- . ND UIII action so approved shall not be consum­ notification to increase mated (a) before the 30th calendar day nighttime power in­ * following the date of this order or (b) cluded in List No. 237. Temporary operation later than 3 months after the date of with 5000W-D/1000W-N, this order, unless such period is extended ND). 1860 kilocy cles for good cause by the Board or by the Federal Reserve Bank of Boston pursu­ XEAGV (new)______Cd. Mendoza, Ver____ 250...... ND D IV 2-13-70 ant to delegated authority. (Probable). 1870 kilocycles Dated at Washington, D.C., this 3d X E X L (assignment de- Patzcuaro, Mich...... 10.000D/100N— . ND U HID/ day of March 1969. leted. See 1020 kc/s). IVN 1460 kilocycles By order of the Board of Governors.1

X E E T (assignment de- Etla, Oax...... 1000D/250N___ . ND UIV [ s e a l ] K e n n e t h A. K e n y o n , leted). 1470 kilocycles Deputy Secretary. [F.R. Doc. 69-3016; Filed, Mar. 12, 1969; X E A Y (under construe- Parras de la Fuente, 1000D/250N___ . ND u IIIDI 2-13-70 tion—change in Day­ Coah. IVN (Probable). 8:46 a.m.J time class, previously Class IV). 1490 kilocycles

XESK (in operation since Ruiz, Nay______250D/200N____ . ND u IV 1-80-69. 1-30-69). FEDERAL POWER COMMISSION 1580 kilocycles [Docket No. RI69-585, etc.] XEVU (previously noti- Mazatlan, Sin...... 500______. ND D II 2-17-70 JOSEPH E. SEAGRAM & SONS, INC., fled at Villa Union, (Probable). Sin.). ET AL. 1580 kilocycles Order Providing for Hearings on and XESD (antenna radiation: Silao, Gto. N. 20°56' 1000D/100N___ . ND U II 170 mv/m. Antenna 24" W. 101°25,59". Suspension of Proposed Changes height: 141 feet. Number of ground system radials: in Rates 1 90. Length of ground M arch 3,1969. . system radials: 129 feet). The Respondents named herein have filed proposed increased rates and F ederal C ommunications C o m m is s io n , charges of currently effective rate sched­ [ s e a l ] W allace E. J o h n s o n , ules for sales of natural gas under Com­ Assistant Chief, Broadcast Bureau. mission jurisdiction, as set forth in [F.R. Doc. 69-3058; Filed, Mar. 12, 1969; 8:50 a.m.] Appendix A hereof. The proposed changed rates and ples National Bank of Farmington, charges may be unjust, unreasonable, FEDERAL RESERVE SYSTEM Farmington, Maine. unduly discriminatory, or preferential, FIRST BANKSHARE ASSOCIATION There has come before the Board of or otherwise unlawful. Governors, pursuant to section 3 (a)(1 ) The Commission finds: It is in the Order Approving Application Under of the Bank Holding Company Act of public interest and consistent with the Bank Holding Company Act 1956 (12 U.S.C. 1842(a)(1)) and § 222.3 (a) of Federal Reserve Regulation Y (12 1 Filed as part of the original document. In the matter of the application of CFR 222.3(a)), an application by First Copies available upon request to the Board First Bankshare Association, Lewiston, Bankshare Association, Lewiston, Maine, of Governors of the Federal Reserve System, Maine, for approval of action to become for the Board’s prior approval of action Washington, D.C. 20551, or to the Federal Reserve Bank of Boston. a bank holding company through the whereby Applicant would become a bank holding company through the acquisi­ 2 Voting for this action: Chairman Marti acquisition of not less than 80 percent and Governors Robertson, Mitchell, Maise , tion of not less than 80 percent of the of the voting shares of First-Manufac­ and Brimmer. Absent and not voting: Gov­ voting shares of First-Manufacturers ernors Daane and Oherrill. turers National Bank of Lewiston and National Bank of Lewiston and Auburn, 1Does not consolidate for hearing or dis­ Auburn, Lewiston, Maine, and The Peo­ Lewiston, Maine, and The Peoples Na­ pose of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5197

Natural Gas Act that the Commission held concerning the lawfulness of the disposition of these proceedings or ex­ enter upon hearings regarding the law­ proposed changes. piration of the suspension period. (D) Notices of intervention or peti­ fulness of the proposed changes, and (B) Pending hearings and decisions that the supplements herein be sus­ thereon, the rate supplements herein tions to intervene may be filed with the Federal Power Commission, Washing­ pended and their use be deferred as are suspended and their use deferred ton, D.C. 20426, in accordance with the ordered below. until date shown in the “Date Suspended rules of practice and procedure (18 CFR The Commission orders: Until” column, and thereafter until made effective as prescribed by the Natural 1.8 and 1.37(f)) on or before April 21, (A) Under the Natural Gas Act, par­ Gas Act. 1969. ticularly sections 4 and 15, the regula­ (C) Until otherwise ordered by the By the Commission. tions pertaining thereto (18 CFR Ch. I ) , Commission, neither the suspended sup­ and the Commission’s rules of practice plements, nor the rate schedules sought [ s e a l ] K e n n e t h F. P l u m b , „ Acting Secretary. and procedure, public hearings shall be to be altered, shall be changed until

A pp e n d ix A

Cents per Mcf Rate in effect Sup­ Amount Date Effective Rate sus­ Rate Proposed subject Docket Respondent sched­ ple­ Purchaser and producing area of filing date ule ment annual tendered unless - pended in increased to refund No. increase suspended until— effect rate in dockets No. No. Nos.

3 4 15.2025 RI69-585. Joseph E. Seagram & Sons, 20 9 Pecos Co. and El Paso Natural Gas $1,481 2-7-69 2 3-10-69 8-10-69 14.10 Inc., d.b.a. Texas Paeific Co. (Wilshire Plant, Upton Coun­ Oil Co., 1700 One Main ty, Tex.) (R R . District No. 7-C) Place, Dallas, Tex. (Permian Basin Area). 75250, Attention: Mr. Frank Martin. 10.20 3 4 5 16.7228 ...... do...... 37 11 El Paso Natural Gas Co. (Levelland 285 2-7-69 2 3-10-69 8-10-69 Field, Cochran County, Tex.) (R R . District No. 8) (Permian

...... do...... 56 13 El Paso Natural Gas Co. (Jalmat 2,060 2-7-69 2 3-10-69 8-10-69 13.20 3 « « « 16.8793 Field, Lea County, N. Mex.) (Permian Basin Area). 57 12 .___ do______- 189 2-7-69 2 3-10-69 8-10-69 13.20 « * « « 16.8793 ...... do...... s 4 e « 16.8793 RI69-586. Joseph E. Seagram & Sons, 28 12 El Paso Natural Gas Co. (Eumont 3,043 2-7-69 2 3-10-69 8-10-69 13.93 Inc., d.b.a. Texas Pacific Field, Lea County, N. Mex.) Oil Co. (Operator) et al. (Permian Basin Area)...... do...... 40 17 El Paso Natural Gas Co. (Miscel­ 10,520 2-7-69 2 3-10-69 8-10-69 13.88 348 6 16.8793 laneous Fields, Lea County, N. Mex.) (Permian Basin Area). 17,604 2-7-69 2 3-10-69 8-10-69 13.44 » 4 8 6 16.8793 ...... do...... 42 20 .___ do______— » 4 8 16.8793 ...... do...... 43 11 El Paso Natural Gas Co. (Crosby 276 2-7-69 2 3-10-69 8-10-69 14.12 Devonian Field, Lea County, N. Mex.) (Permian Basin Area). 8 4 8 6 16.8793 ___-do...... -...... 44 13 El Paso Natural Gas Co. (Jalmat 2,430 2-7-69 2 3-10-69 8-10-69 14.23 Field, Lea County, N. Mex.) (Per­ mian Basin Area)...... do...... 58 28 El Paso Natural Gas Co. (Miscel­ 68,631 2-7-69 2 3-10-69 8-10-69 14.32 8 4 8 6 16.8793 laneous Fields, Lea County, N. Mex.) (Permian Basin Area). 3 4 8 « 16.8793 ____do...... 59 13 El Paso Natural Gas Co. (Jalmat 1,261 2-7-69 2 3-10-69 8-10-69' 14.12 Field, Lea County, N. Mex.) (Per­ mian Basin Area). RI69-587.. Shell Oil Co. (Operator) 20 »20 El Paso Natural Gas Co. (Wasson 307,421 2-6-69 »3- 9-69 8- 9-69 12.63 4 8 6 13. 753 et al., 50 West 50th St., Plant, Yoakum County,' Tex.) New York, N.Y. 10020., (Permian Basin Area and Rail­ road District No. 8). • RI69-588.. Atlantic Richfield Co., 172 12 Natural Gas Pipeline Co. of Amer­ 56 2-6-69 2 3-21-69 8-21-69 M 12 18.415 4 8 n 12 18.615 RI68-477. Post Office Box 2819, ica (Southeast Camrick Field, Dallas, Tex. 75221. Beaver County, Okla.) (Pan­ handle Area). 4 811 is 18. 615 ...... do...... 223 7 Natural Gas Pipeline Co. of Amer­ 39 2-6-69 2 3-21-69 8-21-69 n « 18. 415 RI68-477. ica (Northwest Dower Field, Bea­ ver County, Okla.) (Panhandle Area). RI69-589.. Whitestone Petroleum 5 2 Panhandle Eastern Pipe Line Co. 2,770 2-6-69 2 3-16-69 8-15-69 « 17.0 8 4 11 18. 0 Corp., 300 Pere Mar- (Blakemore Area, Beaver County, quette Bldg., New Okla.) (Panhandle Area). Orleans, La. 70112. RI69-590.. Signal Oil & Gas Co., 18 3 Lone Star Gas Co. (West Marlow 2,304 2-5-69 7 3- 8-69 8- 8-69 12.0 4 13 16 8 1010 Wilshire Blvd., Field, Stephens County, Okla.) Los Angeles, Calif. (Oklahoma“ Other” Area). 90017. RI69-691.. Mobil Oil Corp. (Oper­ 339 12 Natural Gas Pipeline Co. of Amer­ 38,056 2-6-69 2 4- 1-69 9- 1-69 » « 16 097 81114 16 16.102 ator) et al., Post Office ica (West Crane and Putnam Box 1774, Houston, Tex. Fields, Dewey and Custer Coun­ 77001. ties, Okla.) (Oklahoma “ Other” Area). RI69-592.. Getty Oil Co., Post Of­ 111 3 Texas Eastern Transmission Corp. 311 2-3-69 2 3- 6-69 8- 6-69 » 15.6 4 8 11 16. 6 RI67-323. fice Box 1404, Houston, (Mercedes Field, Hidalgo County, Tex. 77001, Attention: Tex.) (RR. District No. 4). Mr. A. M. Mouser. U H 16. o ...... do...... 129 4 Natural Gas Pipeline Co. of Amer­ 17,661 2-3-69 2 3- 6-69 8- 6-69 4111« 17.8 ica (Orangedale Field, Bee and Live Oak Counties, Tex.), (R R - District No. 2).

The stated effective date is the effective date proposed by Respondent, M For all gas delivered under rate schedule except that added by Supplement No. 16. increase to current contract rate plus tax reimbursement. • h Subject to a downward B.t.u. adjustment. : «essure base is 14.65 p.s.i.a. 12 Includes 0.015 cent tax reimbursement. . ^bject to 0.4467 cent per Mcf deduction for gas that must be compressed. « Favored-nation rate increase. School'Tm P ^ ial reimbursement for full 2.55 percent New Mexico Emergency » Pressure base is 14.73 p.s.i.a. u Includes 0.0151 cent tax reimbursement. ! Jbe stated effective date is the first day after expiration of the statutory notice. 1« “ Fractured” rate increase. Contractually entitled to a 18 cent initial contract 8 Periodic rate increase. • rate. ,"¿50 cents base rate plus tax reimbursement of 0.133 cent less quality deductions n Permanently certificated initial “ in-line” rate pursuant to Commission Opinion oi 1.88 cents. No. 476 issued Sept. 22,1965, in Dockets Nos. G-16760 et al.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5198 NOTICES

Shell Oil Co. (Operator) et al. (Shell), [Docket No. RI69-593 etc.] supplements to the rate schedules filed and Signal Oil and G

A p p e n d ix A

Cents per Mcf Rate in Rate Sup­ Amount Date Effective Date . effect Docket Respondent sched­ ple­ Purchaser and producing area of filing date suspended Proposed subject to No. ule ment annual tendered unless until— Rate in increased refund in No. No. increase suspended effect rate . dockets Nos.

RI69-593... Sohio Petroleum Co., 970 140 3 Phillips Petroleum Co.8 (West Pan- 408 2-6-69 4 3- 9-69 63-10-69 s813.0 « 7 814.0 First National Annex, handle Field, Hutchinson Coun- Oklahoma City, Okla. ty, Tex.) (R R . District No. 10). 73102, Attention: Gas- Gasoline Division. -----do...... 141 3 ...... do 8...... 33 2- 6-69 83- 9-69 8 3-10-69 813.0 6 7 8 14. o ___do______147 4 ____do3...... 294 2- 6-69 «3- 9-69 6 3-10-69 813.0 67 s 14. o RI69-594... Sohio Petroleum Co. 148 3 ____do3...... 791 2- 6-69 8 3- 9-69 6 3-10-69 813.0 « 7814.0 (Operator) et al. RÏ69-595-.. Sun Oil Co. (D X Divi- W245 2 Arkansas Louisiana Gas Co. (North 572 2-10-69 »4-13-69 6 4-14-69 12.0 8 7 » 13.015 sion), 907 South Detroit Enid, Garfield County, Okla.) Ave., Tulsa, Okla. 74120. (Oklahoma “ Other” Area).

3 It cannot be determined to which of Phillips’ plants in the area the gas involved 8 Sweet gas rate. Buyer deducts 0.4466 cent if gas is sour. is dedicated. Phillips resells the residue gas from such plants to interstate pipeline * The stated effective date is the effective date requested b y Respondent. companies at resale rates which are in effect subject to refund. 10 Basic contract dated after Sept. 28, 1960, the date of issuance of General Policy 4 The stated effective date is the first day after expiration of the statutory notice, Statement No. 61-1, and the proposed rate does not efceed the area initial rate ceiling s The suspension period is limited to 1 day. of 15 cents per Mcf. 6 Periodic rate increase. 11 Includes 0.015 cent tax reimbursement. 7 Pressure base'is 14.65 p.s.i.a.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5199

Sohio Petroleum Co. (Sohio) requests that d.b.a. Hamilton Brothers, Ltd., and proposed annual Increased rates in dollars) Supplement No. 3 to its FPC Gas Rate Sched­ Mallonee-Mahoney, Inc., agent. for the payment of which well and truly to ule No. 140 be permitted to become effective be made, we, the said Principal and the said By order of May 31, 1968, in Docket Surety, bind ourselves, our heirs, executors, on March 8, 1969. Good cause has not been No. G-4579 et al., the Commission issued shown for waiving the 3Q-day notice require­ administrators, successors and assigns, ment provided in section 4 (d ) of the Natural a certificate of public convenience and jointly and severally, firmly by these presents. Gas Act to permit an earlier effective date for necessity pursuant to section 7 (c) of the The condition of this obligation is such Sohio’s aforementioned rate filing and such Natural Gas Act to Mallonee-Mahoney, that: Whereas (Name of Respondent), on (Date request is denied. Inc., agent, in Docket No. CI68-1184 to Sohio and Sohio Petroleum Co. (Operator) continue in part the sale of natural gas of original filing), filed with the Federal et al. (both referred to herein as Sohio), pro­ to Northern Natural Gas Co. from the Power Commission (herein called the Com­ posed rate increases from 13 cents to 14 cents mission) Supplement N o.______to Respond­ Evalyn Field, Seward County, Kans., ent’s FPC Gas Rate Schedule N o .------, pro­ per Mcf for wellhead sales of natural gas to theretofore authorized in Docket No. G - Phillips Petroleum Co. (Phillips) in Texas posing to increase a rate and charge over Railroad District No. 10. Phillips gathers and 4579 to be made pursuant to Cities Serv­ which the Commission has exercised juris­ processes the gas for resale to interstate pipe­ ice Oil Co. (Operator) et al., FPC Gas diction; and line companies at rates which are in effect Rate Schedules Nos. 167 and 168. The Whereas, by order issued (Suspension or­ subject to refund. Sohio’s proposed rates contract comprising said rate schedules der issuance date), the Commission sus­ pended the operation of the proposed supple­ exceed the area increased rate ceiling of 11 was also accepted for filing as Mallonee- ment and ordered a hearing to be held con­ cents per Mcf for Texas Railroad District No. Mahoney’s FPC Gas Rate Schedule No. 1. cerning the lawfulness of the proposed rate, 10 as announced in the Commission’s state­ The presently effective rate under Cities charge, and classification, subject to the ment of general policy No. 61-1, as amended. Service’s rate schedules are in effect sub­ Commission’s jurisdiction, as therein set Since Phillips’ resale rates are in effect sub­ forth; and by said order the use of such ject to refund, we conclude that Sohio’s rate ject to refund in Docket No. RI66-398. supplement was deferred until (Suspended increases should be suspended for 1 day from Therefore, Mallonee-Mahoney will be until date), and until such further time as March 9, 1969, the proposed effective date, made a co-respondent in said proceed­ it is made effective in the manner prescribed and the expiration of the statutory notice ing; the proceeding will be redesignated by the Natural Gas Act; and for Supplement No. 3 to Sohio’s FPC Gas accordingly; and Mallonee-Mahoney will Whereas, a hearing has not been held and Rate Schedule No. 140. be required to file a surety bond to assure this proceeding has not been concluded; The contract related to the rate filing of the refund of any amounts collected by and (Name of Respondent), pursuant to the Sun Oil Co., D X Division (Sun) was executed it in excess of the amount determined to provisions of section 4(e) of the Natural Gas subsequent to September 28, 1960, the date be just and reasonable in said proceeding. Act, having on (Date motion filed), filed a of issuance of the Commission’s statement of motion to make the change in rate effective general policy No. 61-1, as amended, and the The Commission orders: (A ) Mallonee-Mahoney, Inc., agent, is as of (Requested effective date); and proposed increased rate of 13.015 cents per Whereas, the Commission, in response to Mcf exceeds the area increased rate ceiling made a correspondent in the proceeding said motion, on (Date of notice), issued its of 11 cents per Mcf for the Oklahoma pending in Docket No. RI66—398 and the notice making the rate, charge, and classifi­ “Other” Area, but does not exceed the initial proceeding is redesignated accordingly. cation set forth in the aforesaid Supplement service ceiling established for the area in­ (B) Within 30 days from the issuance N o . ______to Respondent’s FPC Gas Rate volved. We believe, in this situation, Sun’s of this order, Mallonee-Mahoney shall Schedule No. ______, effective as of (Effective proposed rate filing should be suspended for execute, in the form set out below, and date), subject to Respondent’s furnishing a 1 day from April 13, 1969, the proposed bond in the sum of $______, satisfactory to effective date. shall file with the Secretary of the Com­ mission an acceptable surety bond for the Commission, and requiring that Re­ spondent refund any portion of the increased [F.R. Doc. 69-2940; Piled, Mar. 12, 1969; $14,400 in Docket No. RI66-398 to assure 8:45 a.m.] rate and charge found by the Commission in the refund of any amounts collected by Docket N o .______not justified; it, together with interest at the rate of Now, therefore, if (Name of Respondent), [Docket No. RI69-500] 7 percent per annum, in excess of the its corporate surety, (and their heirs, execu­ tors, administrators *) successors and assigns, BRAMMER ENGINEERING, INC., ET AL. amount determined to be just and rea­ sonable in said proceeding. The bond in conformity with the terms and conditions Order Providing for Hearing on and shall be accompanied by a certificate to of the notice issued (Date of notice) by the Federal Power Commission, Docket No. Suspension of Proposed Change in the effect that no obligation has been as­ _____ (Name of Respondent), shall: Rate, and Allowing Rate Change sumed in connection with the bond in (1) Well and truly repay at such times To Become Effective Subject to addition to the payment of the bond and in such amounts, to the persons entitled premium. Unless notified to the con­ thereto, and in such manner as may be re­ Refund; Correction trary by the Secretary of the Commission quired by the final order of the Commission F e b r u a r y 27,1969. within 30 days from the date of submis­ in said proceeding, subject to court review In the order providing for hearing on sion, such surety bond shall be deemed thereof, any portion of such rate and charge to have been accepted for filing. collected by (Name of Respondent) after and suspension of proposed change in (Effective date) as such final order may find rate, mid allowing rate change to become (C) Mallonee-Mahoney shall comply not justified, together with interest thereon effective subject to refund, issued Janu­ with the refunding and reporting pro­ at the rate of seven (7) percent per annum ary 30, 1969, and published in the F ed­ cedure required by the Natural Gas Act from the date of payment thereof to (Name eral R egister February 8, 1969, 34 F.R. and § 154.102 of the regulations there­ 1919: After “Brammer Engineering, of Respondent) until refunded; and Inc.” in caption, add the word “Agent.” under, and the surety bond filed by Mal­ (2) Comply otherwise with the terms and lonee-Mahoney in Docket No. RI66-398 conditions of the notice issued (Date) in G o r d o n M . G r a n t , shall remain in full force and effect until Docket N o . ______, and with the provisions Secretary. discharged by the Commission. of the Natural Gas Act relating thereto, [P.R. Doc. 69-3010; Piled, Mar. 12, 1969; then this obligation shall be terminated, 8:45 a.m.] By the Commission. otherwise to remain in full force and effect. [ s e a l ] G ordo n M . G r a n t , In witness whereof, the parties hefeto have [Docket No. RI66-398] Secretary. placed their hands and seals on t h i s ______Su rety Bond day o f ______CITIES SERVICE OIL CO. ET AL. Attest: Know All Men by These Presents: By. Order Making Successor Co-respond- That we (Name and address of the natural Principal 6nt' . ^designating Proceeding, gas company) (hereinafter called “Princi­ By. pal”), as Principal, and (Name and address Surety Requiring Filing of Surety Bond and place of incorporation of Surety Bond [F.R. Doc. 69-3011; Filed, Mar. 12, 1969; Company) (hereinafter called “Surety”), as M arch 4,1969. 8:45 a.m.] Surety, are held and firmly bound unto the Cities Service Oil Co. (Operator) Federal Power Commission (Agency of the 2. The Ohio Fuel Supply Co., United States of America) (hereinafter called 1 To be included if a noncorporate re­ Teaeric C. and Ferris F. Hamilton, the “Obligee”) in the sum of (Amount of spondent.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5200 NOTICES

[Docket No. G-3173, etc.] version dam and No. 2 downstream with the Commission and open to public from it) converging into one canal lead­ inspection. HUSKY OIL COMPANY OF ing to the tunnel intake, about 1,000 feet Applicant estimates cost for the de­ DELAWARE from the canal intakes; (5) canals velopment of the field and associated Notice of Change in Name known as the McArthur Diversion canal, facilities at $10,726,800. Old Lee Springs Drainage canal, and Applicant states that the load factors Husky Oil Company of Delaware (for­ North Drainage canal; (6) a concrete- of its General Service Customers have in­ merly Husky Oil Co.) ; G-3173, G-8052, lined tunnel, about 10,070 feet long, from creased and the additional annual G-8053, G-17254, G-17780, G-19722, the intake canal to the penstocks; (7) volumes associated therewith can be met CI61— 186, CI61-1139, CI61-1140, CI61- two steel penstocks, each about 1,372 through the utilization of the Midland 1574, CI62-414, CI64-1097, CI65-97, feet in length, leading from the tun­ Field as storage facility. CS66-33. nel to the powerhouse; (8) a power­ Protests or petitions to intervene may M arch 4, 1969. house (having a connecting switch be filed with the Federal Power Commis­ Take notice that on February 6, 1969, house, office, and storage structure) sion, Washington, D.C. 20426, in accord­ Husky Oil Company of Delaware, Post housing two 31,500 kw. generators; (9) ance with the rules of practice and pro­ Office Box 380, Cody, Wyo. 82414, filed six 16,667 kva, single phase, 60 cycle, cedure (18 CFR 1.8 or 1.10) and the in Dockets Nos. G-3173 et al„ a notice water cooled, outdoor type transformers; regulations under the Natural Gas Act of change in name to advise the Com­ (10) two short 230 kv. three conductor (§ 157.10) on or before March 31, 1969. mission that its corporate name has been transmission line taps and two short Take further notice that, pursuant to changed from Husky Oil Co. to Husky 60 kv. three conductor transmission line the authority contained in and subject Oil Company of Delaware, effective taps connecting to applicant’s intercon­ to the jurisdiction conferred upon the September 3, 1968, all as more fully set nected transmission system; (11) exist­ Federal Power Commission by sections forth in the notice of change which is on ing recreational development consisting 7 and 15 of the Natural Gas Act and the file with the Commission and open to of four improved recreational sites in Commission’s rules of practice and pro­ public inspection. or near the Pit 1 Project area: (a) Big cedure, a hearing will be held without Protests or petitions to intervene may Lake Fishing and Hunting Access de­ further notice before the Commission on be filed with the Federal Power Com­ veloped by Applicant provides parking, this application if no protest or petition mission, Washington, D.C. 20426, in ac­ sanitary facilities and a public launch­ to intervene is filed within the time re­ cordance with the rules of practice and ing area for cartop boats; (b) a quired herein, if the Commission on its procedure (18 CFR 1.8 or 1.10) on or 6-unit picnic area operated by Falls own review of the matter finds that a before March 21, 1969. River Lion’s Club near Pit 1 Power grant of the certificate is required by the Plant; (c) a public trap shooting range public convenience and necessity. If a G ordo n M. G r a n t , operated by Fall River Valley Gun Club Secretary. petition for leave to intervene is timely near the forebay; and (d) a vista point filed, or if the Commission on its own [F.R. Doc. 69-3012; Filed, Mar. 12, 1969; overlooking Pit River Falls developed by motion believes that a formal hearing is 8:45 a.m.] California Division of Highways on required, further notice of such hearing Highway 299 about 1 mile east of the will be duly given. [Project No. 2687] power plant; and proposed recreational Under the' procedure herein provided development consisting of two sites PACIFIC GAS AND ELECTRIC CO. for, unless otherwise advised, it will be planned for future recreation develop­ unnecessary for Applicant to appear oV Notice of Application for License for ment and one under study; and (12) be represented at the hearing. Constructed Project appurtenant facilities. Any person desiring to be heard or to * G ordo n M . G rant, M arch 5, 1969. make any protest with reference to said Secretary. Public notice is hereby given that,ap­ application should on or before April 23, [F.R. Doc. 69-3014; Filed, Mar. 12, 1969; plication for license has been filed under 1969, file with the Federal Power Com­ 8:45 a.m.] the Federal Power Act (16 U.S.C. 791a- mission, Washington, D.C. 20426, peti­ 825r) by Pacific Gas and Electric Co. tions or protests in accordance wiJJa the [Docket No. E-7073] (correspondence to: J. F. Roberts, Jr., requirements of the Commission’s rules Vice President, Pacific Gas and Electric of practice and procedure (18 CFR 1.8 TRICO ELECTRIC COOPERATIVE, INC. Co., 245 Market Street, San Francisco, or 1.10). The application is on file with Notice of Application Calif. 94106) for constructed Project No. the Commission and available for public 2687, known as Pit 1 Project, located on inspection. M arch 5,1969. Tule River, Little Tule River, Fall River, G ordo n M. G r a n t , Take notice that on January 30, 1969 and Pit River, in Shasta County, Calif., Secretary. Trico Electric Cooperative, Inc. ( T r i c o ) , near the communities of Fall River incorporated under the laws of the S ta te Mills, Glenburn, and McArthur. [F.R. Doc. 69-3013; Filed, Mar. 12, 1969; 8:45 a.m.] of Arizona, with its principal p la c e o f The existing Pit 1 Project No. 2687 business at Tucson, Ariz., filed a n a p p li­ consists of: (1) An earth-fill dam, 0.9 cation in the above docket for a s u p p le ­ of a mile upstream from the confluence [Docket No. CP69-227] mental order, pursuant to section 2 0 2 (e ) of Fall River and Pit River, 520 feet long m o d ify in g TEXAS GAS TRANSMISSION CORP. of the Federal Power Act, with a maximum height of 40 feet at ele­ Trico’s current authorization to t r a n s m it vation 3,309.8 feet (USGS datum) with Notice of Application electric energy from the United States a concrete, spillway at the right abut­ to Mexico. • M arch 4, 1969. ment with two gates 22.5 feet wide and By Commission order issued April 16, 15 feet high and crest elevation Take notice that oh February 25, 1969, 1963 (29 FPC 749), Trico was authorized 3,289.8 feet (U SG S ); (2) a forebay, Texas Gas Transmission Corp. (Appli­ to transmit electric energy from the created by the dam, having usable stor­ cant) , Post Office Box 1160, Owensboro, United States to Mexico in an amount age of 600-acre-feet at maximum eleva­ Ky. 42301, filed in Docket No. CP69-227 not in excess of 200,000 kilowatt-hours tion 3,303.8 feet (U SG S); (3) a Concrete an application pursuant to section 7(c) of per year at a transmission rate not to diversion dam, 1.6 miles upstream of the the National Gas Act for a certificate of exceed 40 kilowatts for sale and delivery forebay dam, about 15 feet high and 595 public convenience and necessity au­ to Comisión Federal de Electricidad, Di­ feet long with crest at elevation 3,305.1 thorizing it to develop and operate the vision Noroeste (Comisión Federal), an feet (USGS) with a spillway structure Midland Gas Field, Muhlenberg County, agency of the Mexican Government, over at the left end with three gates, each 20 Ky., as a gas storage field, and to con­ certain facilities of Trico covered by its feet wide and 11.5 feet high with crest struct and operate certain facilities as­ Permit signed by the Chairman of the elevation 3,293.8 feet (USGS); (4) two sociated therewith, all as more fully set Federal Power Commission on April 10, canal intakes (No. 1 upstream of the di­ forth in the application which is on file 1963, all in the above docket.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5201

Trico now requests that the authoriza­ date of issuance for commercial paper tion granted by Commission order issued SECURITIES AND EXCHANGE of comparable quality and of the par­ April 16,1963, referred to above, be mod­ ticular maturity sold by public-utility ified so as to authorize Trico to export COMMISSION issuers thereof to commercial paper electric energy in an amount not in ex­ dealers. No commercial paper shall be cess of 300,000 kilowatt-hours per year [70-4719] . issued having a maturity of more than 90 days after March 31,1970 or which has to Oomision Federal at a transmission CONNECTICUT LIGHT AND POWER rate not to exceed 100 kilowatts over the an effective interest cost to the company above-mentioned facilities for the pur­ CO. in excess of the prime commercial bank pose of meeting the increasing electric Notice of Proposed Issue and Sale of rate at which CL&P could obtain loans from banks. The purchasing dealer, as service requirements of Comision Fed­ Commercial Paper and Notes to eral’s customers in Sasabe, Sonora, principal, will reoffer the commercial Mexico. Banks paper to institutional investors at a dis­ Any person desiring to be heard or' to M arch 7, 1969. count of not more than one-eighth of 1 make any protest with reference to said Notice is hereby given that The Con­ percent per annum less than the prevail­ application should on or before March 21, necticut Light and Power Co. (*‘CL&P” ) , ing discount rate to CL&P, in such 1969, file with the Federal Power Com­ Selden Street, Berlin, Conn. 06037, a manner as not to constitute a public of­ mission, Washington, D.C. 20426, a peti­ public-utility subsidiary company of fering. The commercial paper notes will tion or protest in accordance with the Northeast Utilities (“Northeast”), a be reoffered to no more than 100 identi­ requirements of the Commission’s rules registered holding company, has filed fied and designated customers in a list of practice and procedure (18 CFR 1.8 an application-declaration, and an (nonpublic) which has been filed with or 1.10). The application is on file with amendment thereto, with this Commis­ the Commission, and no additions will be the Commission and available for public sion pursuant to the Public Utility Hold­ made to this list. inspection. ing Company Act of 1935 (“Act”), The notes to be issued and sold to G o r d o n M. G r a n t , designating sections 6 and 7 of the Act banks will mature not later than 6 Secretary. and Rule 50(a) (5) promulgated there­ months after the date of issue or renewal, [F.R. Doc. 69-3015; Filed, Mar. 12, 1969; under as applicable to the proposed will bear interest at the prime rate in 8:46 a.m.] transactions. All interested persons are effect at the lending bank on the date referred to the application-declaration, of issue, will be issued no later than as amended, which is summarized below, March 31, 1970, and will be subject to for a complete statement of the proposed prepayment at any time without GENERAL SERVICES ADMINIS­ transactions. premium. CL&P presently has outstanding $2,- CL&P will not effect any borrowings TRATION 500,000 of short-term bank notes and from banks pursuant to this application- [Federal Property Management Regulations; expects to issue up to $12 million of declaration until it shall have filed an Temporary Reg. F-43] additional bank notes or commercial amendment thereto setting forth the paper notes prior to April 1, 1969, pur­ name or names of the banks from which SECRETARY OF DEFENSE suant to section 6(b) of the Act. CL&P such borrowings are to be effected Delegation of Authority proposes to renew and extend any notes and such amendments shall have been so issued or to refund them with other granted by order of this Commission. 1. Purpose. This regulation delegates similar notes issued to banks or to a CL&P expects to retire the bank notes authority to the Secretary of Defense to dealer in commercial paper and to issue and commercial paper prior to March 31, represent the customer interest of the and sell up to an additional $39,500,000 1970, from the net proceeds of the sale Federal Government in a natural gas of short-term notes (and to renew such of additional first mortgage bonds and/or service rate proceeding. notes) from time to time to meet portions preferred stock and other securities. In 2. Effective date. This regulation is of its capital requirements. The aggre­ the event the company effects any perma­ effective immediately. gate amount of all such notes at any one nent financing prior to the repayment 3. Delegation, a. Pursuant to the au­ time outstanding, including both notes of all bank notes and commercial paper thority vested in me by the Federal issued prior to April 1, 1969, and those outstanding pursuant to this application- Property and Administrative Services thereafter issued, will at no time exceed declaration, as amended, it expects to Act of 1949, 63 Stat. 377, as amended, $54 million. As such notes mature, they apply the net proceeds of such permanent particularly sections 201(a)(4) and 205 may be renewed or repaid out of any financing in reduction of such notes. (d) (40 U.S.C. 481(a)(4)' and 486(d)), funds then available to CL&P including CL&P requests exception from the com­ authority is delegated to the Secretary funds derived from the sale of other petitive bidding requirements of Rule 50 of Defense to represent the interests of notes to banks and/or to a dealer in for the proposed issue and sale of its the executive agencies of the Federal commercial paper. commercial paper pursuant to paragraph Government before the Public Service The funds to be derived from the is­ (a) (5) thereof. The company states that Commission of the State of Montana in suance and sale of the notes will be ap­ it is not practicable to invite competitive a proceeding involving natural gas serv­ plied to finance construction expendi­ bids for commercial paper and that cur­ ice rates of Great Falls Gas Co. (Montana tures, to pay nuclear fuel costs, and to rent rates of commercial paper of prime PSC Docket No. 5810). supply funds for investment in regional borrowers such as CL&P are pubished b. The Secretary of Defense may re­ nuclear generating companies. These daily in financial publications. CL&P delegate this authority to any officer, expenditures for the years 1969 and also requests authority to file certificates official, or employee of the Department of 1970 are estimated to be approximately under Rule 24 with respect to the issue Defense. as follows: and sale of commercial paper hereafter c. This authority shall be exercised in consummated pursuant to this proceed­ accordance with the policies, procedures, 1969 1970 ing on a quarterly basis. and controls prescribed by the General Construction expenditures— $85,600,000 $100,600,000 It is stated that the fees and expenses Nuclear fuel costs______3,400,000 700,000 to be incurred in connection with the Services Administration, and further, Investments in regional shall be exercised in cooperation with nuclear generating com­ proposed transactions will not exceed the responsible officers, officials, and panies (i.e., Maine $500 and that no State commission and Yankee Atomic Power employees thereof. Co. and Vermont Yankee no Federal commission, other than this Nuclear Power Corp.)___ 2,000,000 1,900,000 Commission, has jurisdiction over the Dated: March 7,1969. proposed transactions. J. E. M o o d y , The commercial paper will be issued Notice is further given that any in­ Acting Administrator of in the form of promissory notes with no terested person may, not later than General Services. maturity more than 270 days after the March 28, 1969, request in writing that a [F.R. Doc. 69-3018; Filed, Mar. 12, 1969; date of issue, and will be sold at the dis­ hearing be held in respect of such mat­ 8:46 a.m.] count rate per annum prevailing at the ters, stating the nature of his interest,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5202 NOTICES the reasons for such request, and the gen Industries, Inc. (formerly Jodmar sucli other cash resources as are then issues of fact or law raised by the appli­ Industries, Inc.) (may be known as available to it. cation-declaration, as amended, which American Lima Corp.) being traded Each note payable to a bank to be he desires to controvert; or he may re­ otherwise than on a national securities issued by Indiana will be dated as of the quest that he be notified should the Com­ exchange is required in the public inter­ date of the borrowing which it evidences mission order a hearing in respect est and for the protection of investors: and will mature not more than 270 days thereof. Any such request should be ad­ I t is ordered, Pursuant to section 15(c) after the date of issuance. Each such dressed: Secretary, Securities and Ex­ (5) of the Securities Exchange Act of note will bear interest at the prime rate change Commission, Washington, D.C. 1934, that trading in such securities of commercial banks at the time of is­ 20549. A copy of such request should be otherwise than on a national securities suance and will be prepayable at any time served personally or by mail (airmail if exchange be summarily suspended, this without penalty. Indiana will not effect the person being served is located more order to be effective for the period March any borrowings from banks pursuant to than 500 miles from the point of mailing) 8, 1969, through March 17, 1969, both this application until it shall have filed upon the applicant-declarant at the dates inclusive. a posteffective amendment thereto set­ above-stated address, and proof of serv­ ting forth the name or names of the ice (by affidavit or, in case of an attorney By the Commission. banks from which such borrowing is to at law, by certificate (should be filed with [ seal] O rval L. D u B o is, be effected and such posteffective the request. At any time after said date, Secretary. amendment shall have been granted by the application-declaration, as amended [F.R. Doc. 69-3036; Filed, Mar. 12, 1969; further order of the Commission. or as it may be further amended, may be 8:48 a.m.] The commercial paper notes will be granted and permitted to become effec­ in the form of promissory notes in de­ tive, as provided in Rule 23 of the general nominations of not less than $100,000 rules and regulations promulgated under [70-4722] nor more than $5 million and of varying the Act, or the Commission may grant maturities, with no maturity more than exemption from such rules as provided INDIANA & MICHIGAN ELECTRIC CO. 270 days after the date of issue; none in Rules 20(a) and 100 thereof, or take Notice of Proposed Issue and Sale of will be prepayable prior to maturity. The such other action as it may deem ap­ commercial paper notes will be sold propriate. Persons who request a hearing Notes to Banks and to Dealers in directly to two dealers, the names of or advice as to whether a hearing is Commercial Paper and Exemption which are to be supplie'd by amendment, ordered, will receive notice of further de­ From Competitive Bidding at a discount not in excess of the dis­ velopments in this matter, including the count rate per annum prevailing at the M arch 7,1969. date of the hearing (if ordered) and any time of issuance for commercial paper postponements thereof. Notice is hereby given that Indiana & of comparable quality and of the par­ Michigan Electric Co. (“Indiana” ), 2101 ticular maturity sold by issuers to dealers For the Commission (pursuant to dele­ Spy Rim Avenue, Fort Wayne, Ind. 46801, in commercial paper. No commercial gated authority) . an electric utility subsidiary company of paper notes will be issued having a [SEAL] ORVAL L. D ü BOIS, American Electric Power Co., Inc., a reg­ maturity more than 90 days after De­ Secretary. istered holding company, has filed an cember 31, 1969, at a discount rate application with this Commission pursu­ which exceeds the prime rate at which [F.R. Doc. 69-3033; Filed, Mar. 12, 1969; ant to the Public Utility Holding Com­ 8:47 a.m.] Indiana could borrow from banks. Each pany Act of 1935 (“Act”), designating of the two dealers will reoffer the com­ section 6(b) of the Act and Rule 50(a) mercial paper notes to not more than 100 CRESTLINE URANIUM & MINING CO. (5) promulgated thereunder as applica­ of its customers identified and desig­ ble to the proposed transactions. All in­ nated in a list (nonpublic) prepared by Order Suspending Trading terested persons are referred to the ap­ it in advance. It is expected that In­ M arch 7, 1969. plication, which is summarized below, for diana’s commercial paper notes will be a complete statement of the proposed held by each dealer’s customers to ma­ It appearing to the Securities and Ex­ transactions. change Commission that the summary turity, but, if they wish to resell prior suspension of trading in the common Indiana requests that from the date to maturity, the dealer, pursuant to a stock of Crestline Uranium & Mining Co., of the granting of this application to verbal repurchase agreement, will re­ Denver, Colo., being traded otherwise December 31, 1969, the exemption from purchase the notes and reoffer them to than on a national securities exchange the provisions of section 6(a) of the Act others in its group of 100 customers. is required in the public interest and afforded to it by the first sentence of Indiana requests exception from the for the protection of investors: section 6(b) of the Act, relating to the competitive bidding requirements of Rule issue of short-term notes, be increased 50 for the proposed issue and sale of its I t is ordered, Pursuant to section to exceed 5 percent of the principal commercial paper pursuant to para­ 15(c) (5) of the Securities Exchange Act amount, par value, and/or fair market graph (a) (5) thereof. The company of 1934, that trading in such securities value of the other securities of Indiana states that it is not practicable to invite otherwise than on a national securities at the time outstanding. Indiana pro­ competitive bids for commercial paper exchange be summarily suspended, this poses, under said exemption, to issue and and that current rates for commercial order to be effective for the period sell, from time to time prior to December paper of prime borrowers such as Indiana March 8, 1969, through March 17, 1969, 31, 1969, short-term notes to banks and/ are published daily in financial publica­ both dates inclusive. or to dealers in commercial paper in an tions. Applicant also requests authority By the Commission. aggregate face amount of not to exceed to file certificates under Rule 24 with $36 million to be outstanding at any one respect to the issue and sale of commer­ [SEAL] ORVAL L. DUBOIS, time. The proceeds from the proposed cial paper hereafter consummated pur­ Secretary. notes, including the commercial paper suant to this proceeding on a quarterly [F.R. Doc. 69-3035; Filed, Mar. 12, 1969; notes, will be used by Indiana to reim­ basis. 8:48 a.m.] burse its treasury for past expenditures The application states that fees and in connection with its construction pro­ expenses related to the proposed trans- ELECTROGEN INDUSTRIES, INC. gram, to pay part of the cost of its future actions are estimated at approximatelyr construction program, which is estimated $700. It is further stated that no State Order Suspending Trading to cost approximately $102 million in the commission and no Federal commission- year 1969, and for other corporate pur­ other than this Commission, has juris­ M arch 7,1969. poses. It is stated that Indiana will retire diction over’’ the proposed transactions. It appearing to the Securities and Ex­ any notes payable to banks and com­ Notice is further given that any in­ change Commission that the summary mercial paper outstanding on or about terested person may, not later than suspension of trading in the common December 31, 1969, with the proceeds of March 28, 1969, request in writing that a stock and all other securities of Electro - long-term financing and by the use of hearing be held on such matter, stating

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5203 the nature of his interest, the reasons land Electric Illuminating Co., pursuant (5) of the Securities Exchange Act of for such request, and the issues of fact to a joint power development arrange­ 1934, that trading in such securities or law raised by said application which ment, a deposit now estimated at $38 otherwise than on a national securities he desires to controvert; or he may re­ million when Ohio Edison’s W. H. Sam- exchange be summarily suspended, this quest that he be notified if the Commis­ mis generating station is placed in com­ order to be effective for the period sion should order a hearing thereon. Any mercial operation. It is stated that com­ March 10, 1969, through March 19, 1969, such request should be addressed: Secre­ pletion of that plant has been delayed both dates inclusive. tary, Securities and Exchange Commis­ and that, when it is placed in operation, By the Commission. sion, Washington, D.C. 20549. A copy of Ohio Edison will apply the deposit to the such request should be served personally payment of the outstanding notes to [ s e a l ] O rval L . D u B o is , or by mail (airmail if the person being banks. Upon the application of such Secretary. served is located more than 500 miles funds to the payment of the bank notes, [F.R. Doc. 69-3038; Filed, Mar. 12, 1969; from the point of mailing) upon the ap­ the borrowing authority jto be obtained 8:48 a.m.] plicant at the above-stated address, and hereunder in excess of that amount pro­ proof of service (by affidavit or, in case vided by the first sentence of section of an attorney at law by certificate) 6(b) will terminate. should be filed with the request. At any It is stated that no State or Federal INTERSTATE COMMERCE time after said date, the application, as commission, other than this Commis­ filed or as it may be amended, may be sion, has jurisdiction over the proposed COMMISSION granted as provided in Rule 23 of the transactions. [Notice 1276] general rules and regulations promul­ Notice is further given that any in­ gated under the Act, or the Commission terested person may, not later than MOTOR CARRIER, BROKER, WATER may grant exemption from such rules as March 27, 1969, request in writing that a CARRIER, AND FREIGHT FOR­ provided in Rules 20(a) and 100 thereof hearing be held on such matter, stating WARDER APPLICATIONS or take such other action as it may deem the nature of his interest, the reasons for appropriate. Persons who request a such request, and the issues of fact or law M ar ch 7, 1969. hearing or advice as to whether a hearing raised by said amended declaration which The following applications are gov­ is ordered will'ïecieve notice of further he desires to controvert; or he may re­ erned by Special Rule 1:2471 of the Com­ developments in this matter, including quest that he be notified if the Commis­ mission’s general rules of practice (49 the date of the hearing (if ordered) and sion should order a hearing thereon. Any CFR, as amended), published in the F ed ­ any postponements thereof. such request should be addressed : Secre­ eral R egister issue of April 20, 1966, ef­ For the Commission (pursuant to dele­ tary, Securities and Exchange Commis­ fective May 20,1966. These rules provide, gated authority). sion, Washington, D.C. 20549. A copy of among other things, tjiat a protest to such request should be served personally the granting of an application must be [ seal] O rval L. D tjB o is , or by mail (airmail if the person being filed with the Commission within 30 days Secretary. served is located more than 500 miles after date of notice of filing of the appli­ [F.R. Doc. 69-3034; Filed, Mar. 12, 1969; from the point of mailing) upon the de­ cation is published in the F ederal 8:47 a.m.] clarant at the above-stated address, and R eg iste r . Failure seasonably to file a pro­ proof of service (by affidavit or, in case test will be construed as a waiver of [70-4661] of an attorney at law, by certificate) opposition and participation in the pro­ should tie filed with the request. At any ceeding. A protest under these rules OHIO EDISON CO. time after said date, the declaration, as should comply with § 1.247(d) (3) of the amended by' said post-effective amend­ rules of practice which requires that it Notice of Post-Effective Amendment ment or as it may be further amended, set forth specifically the grounds upon Regarding Issue and Sale of Short- may be permitted to become effective which it is made, contain a detailed Term Notes to Banks as provided in Rule 23 of the gen­ statement of protestant’s interest in eral rules and regulations promul­ the proceeding (including a copy of the M arch 7, 1969. gated under the Act, or the Commission specific portions of its authority which Notice is hereby given that Ohio Edi­ may grant exemption from such rules as protestant believes to be in conflict with son Co. (“Ohio Edison” ) , 47 North Main provided in Rules 20(a) and 100 thereof that sought in the application, and de­ Street, Akron, Ohio 44308, a registered or take such other action as it may deem scribing in detail the method—whether holding company, has filed with this appropriate. Persons who request a by joinder, interline, or other means— Commission a post-effective amendment hearing or advice as to whether a hearing by which protestant would use such au­ to its declaration in this proceeding pur­ is ordered will reecive notice of further thority to provide all or part of the serv­ suant to section 6(a) and 7 of the Pub­ developments in this matter, including ice proposed), and shall specify with lic Utility Holding Company Act of 1935 the date of the hearing (if ordered) and particularity the facts, matters, and (“Act”) regarding the following pro­ any postponements thereof. things relied upon, but shall not include posed transactions. All interested persons issues or allegations phrased generally. are referred to the declaration, as now For the Commission (pursuant to dele­ gated authority). Protests not in reasonable compliance amended, which is summarized below, with the requirements of the rules may for a complete statement of the proposed [ s e a l ] O rval L. D tjB o is , be rejected. The original and one copy of transactions. Secretary. the protest shall be filed with the Com­ By order dated September 11, 1968 [F.R. Doc. 69-3037; Filed, Mar. 12, 1969; mission, and a copy shall be served (Holding Company Act Release No. 8:48 a.m.] concurrently upon applicant’s repre­ 16157), the Commission authorized Ohio sentative, or applicant if no represent­ Edison to issue and sell its promissory ative is named. If the protest includes a notes to banks from time to time in an OMEGA EQUITIES CORP. request for oral hearing, such requests aggregate principal amount outstanding shall meet the requirements of § 1.247 at any one time of not more than $40 Order Suspending Trading (d) (4) of the special rules, and shall million and maturing not later than M arch 7, 1969. include the certification required therein. March 31,1969? It appearing to the Securities and Ex­ Ohio Edison now proposes that (a ) the change Commission that the summary Section 1.247(f) of the Commission’s aturity date of such promissory notes suspension of trading in the common rules of practice further provides that each applicant shall, if protests to its tvLextende and (b) stock and all other securities of Omega aggregate principal amount of such Equities Corp., New York, N.Y., being application have been filed, and within in ^rnissory notes that may be outstand- traded otherwise than on a national se­ milhon y ° n e ^ m e be increased to $45 curities exchange is required in the pub­ 1 Copies oi Special Rule 1.247 (as amended) lic interest and for the protection of can be obtained by writing to the Secretary, Fritf noted in the Previous order, Ohio investors: Interstate Commerce Commission, Washing­ aison expects to receive from The Cleve- I t is ordered, Pursuant to section 15(c) ton, D.C. 20423.

No. 49------8 FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5204 NOTICES

60 days of the date of this publication, sentative: Paul F. Beery, 88 East Broad Mass., to points in Connecticut (except notify the Commission in writing (1) Street, Columbus, Ohio 43215. Authority Manchester, Versailles, and Windsor that it is ready to proceed and prose­ sought to operate as a common carrier, Locks) and to Bronx, Columbia, Dela­ cute the application, or (2) that it wishes by motor vehicle, over irregular routes, ware, Dutchess, Greene, Kings, Nassau, to withdraw the application, failure in transporting: Aluminum, between Fair­ New York, Orange, Putnam, Queens] which the application will be dismissed mont, W. Va., on the one hand, and, on Richmond, Rockland, Suffolk, Sullivan, by the Commission. the other, points in the United States, Ulster, and Westchester Counties, N.Y., Further processing steps (whether excluding Alaska and Hawaii. N ote: Ap­ and sodium aluminate and rosin sizing, modified procedure, oral hearing, or plicant states it would connect with its in bulk, from the plantsite of Holland other procedures) will be determined existing authority at Fairmont, W. Va., Co., Inc., in Adams, Mass., to points in generally in accordance with the Com­ and permit service between Warren, Connecticut, Maine, Masachusetts, New mission’s General Policy Statement Con­ Ohio, and Oswego, N.Y., on the one hand, Hampshire, New York, Rhode Island, and cerning Motor Carrier Licensing Pro­ and, on the other, the territory requested. Vermont, restricted to traffic originating cedures, published in the F ederal I f a hearing is deemed necessary, appli­ at the above-named plantsite and des­ R egister issue of May 3, 1966. This cant requests it be held at Washington, tined to points in the above named des­ assignment will be by Commission order D.C. tination States and (4) clay, dry, in bulk, which will be served on each party of No. MC 22214 (Sub-No. 17), filed Feb­ in tank or hopper-type vehicles from record. ruary 24, 1969. Applicant: ACCELER­ Paulsboro, N.J., to Alma, Mich. Note: The publications hereinafter set forth ATED TRANSPORT-PONY EXPRESS, Common control may be involved. Appli­ reflect the scope of the applications as INC., Fifth and Vine Streets, Sunbury, cant states no duplicating authority is filed by applicants, and may include de­ Pa. 17801. Applicant’s representative: being sought. The purpose of this repub­ scriptions, restrictions, or limitations John E. Fullerton, 407 North Front lication is to show in Part (4) to Alma, which are not in a form acceptable to Street, Harrisburg, Pa. 17101. Author­ Mich., in lieu of at Alama, Mich., which the Commission. Authority which ulti­ ity sought to operate as a common car­ was erroneously published. I f a hearing mately may be granted as a result of the rier, by motor vehicle, over regular routes, is deemed necessary, applicant requests applications here noticed will not nec­ transporting: General commodities (ex­ it be held at Washington, D.C. essarily reflect the phraseology set forth cept those of unusual value, classes A No. MC 35628 (Sub-No. 295), filed in the application as filed, but also will and B explosives, household goods as de­ February 13, 1969. Applicant: INTER­ eliminate any restrictions which are not fined by the Commission, commodities in STATE MOTOR FREIGHT SYSTEM, acceptable to the Commission. bulk, and those requiring special equip­ a corporation, 134 Grandville SW., No. MC 1805 (Sub-No. 2), filed Febru­ ment), serving the plantsite of the In­ Grand Rapids, Mich. 49502. Applicant’s ary 17, 1969. Applicant: DALE NEWELL, ternational Nickel Co., Inc., Huntington representative: Leonard D. Verdier, Jr., doing business as NEWELL TRUCK Alloy Products Division, at or near Bur- 900 Old Kent Building, Grand Rapids, LINE, R.F.D. No. 1, Wakefield, Kans. naugh, Boyd County, Ky., as an off-route Mich. 49502. Authority sought to operate 67487. Applicant’s representative: Erie point in connection with carrier’s au­ as a common carrier, by motor vehicle, W. Francis, 719 Capitol Federal Build­ thorized regular-route operations to and over regular routes, transporting: Gen­ ing, 700 Kansas Avenue, Topeka, Kans. from Huntington, W. Va. N ote: I f a eral commodities (except classes A and 66603. Authority sought to operate as a hearing is deemed necessary, applicant B explosives, household goods as defined common carrier, by motor vehicle, over requests it be held at Washington, D.C. by the Commission, and commodities in irregular routes, transporting: Feed, bulk), serving the plantsite of R. R. Don­ feed ingredients, fertilizer, and twine, No. MC 31564 (Sub-No. 5), filed Feb­ ruary 18, 1969. Applicant: FRANK nelley & Sons Co., near the intersection from Kansas City, St. Joseph, and Joplin, CORSO, INC., 270 Woodin Street, Ham­ of Illinois Highway 47 and U.S. High­ Mo., to Wakefield, Kans., and points den, Conn. 06514. Applicant’s repre­ way 66, near Dwight, HI., as an off-route within 25 miles of Wakefield, Kans. sentative: William J. Meuser, 101 River point in connection with applicant’s reg­ N ote : Applicant states it does not intend Street, Milford, Conn. 06460. Authority ular route operations between Chicago, to tack, and apparently is willing to limit sought to operate as a common carrier, HI., and St. Louis, Mo., over U.S. High­ the proposed operation to local service if by motor vehicle, over irregular routes, way 66 and between Peoria, 111., and the warranted. No duplicating authority is transporting: Bananas, from Fall River, Indiana-Ohio State line over U.S. High­ being sought. I f a hearing is deemed Mass., and Providence, R.I., to Hartford, way 24, as authorized in certificate MC necessary, applicant requests it be held at New Britain, New London, and Torring- 35628. N o te: Applicant indicates tacking Topeka, Kans., Kansas City, Mo., or ton, Conn., and Springfield, Mass. N o te: at the nearest point on U.S. Highways 66 Wichita, Kans. Applicant states it does not intend to and 24, with 'service to and from all au­ No. MC 4405 (Sub-No. 464), filed Feb­ tack, and apparently is willing to limit thorized points. I f a hearing is deemed ruary 9, 1969. Applicant: DEALERS the proposed operation to local service necessary, applicant requests it be held TRANSIT, INC., 7701 South Lawndale if warranted. I f a hearing is deemed at Chicago, HI., or Lansing, Mich. Avenue, Chicago, 111. 60652. Applicant’s necessary, applicant requests it be held No. MC 51146 (Sub-No. 126), filed representative: James W. Wrape, 2111 at Hartford, Conn., or New York, N.Y. February 24, 1969. Applicant: SCHNEI­ Sterick Building, Memphis, Tenn. 38103. No. MC 31600 (Sub-No. 639) (Correc­ DER TRANSPORT & STORAGE, INC., Authority sought to operate as a common tion), filed February 3, 1969, published 817 McDonald Street, Green Bay, Wis. carrier, by motor vehicle, over irregular in F ederal R egister issue of February 54306. Applicant’s representatives: D. F. routes, transporting: Signs, accessories 27, 1969, and republished as corrected, Martin (same address as applicant) and and parts, from the plantsite of Acme- this issue. Applicant: P. B. MUTRIE Charles W. Singer, 33 North Dearborn Wiley Corp., Elk Grove Village, 111., to MOTOR TRANSPORTATION, INC., Street, Chicago, HI. 60602. Authority points in the- United States (except Calvary Street, Waltham, Mass. 02154. sought to operate as a common carrier, Alaska and Hawaii). N o te: Applicant Applicant’s representative: Harry C. by motor vehicle, over irregular routes, states no duplicating authority is sought. Ames, Jr., 529 Transportation Building, transporting: (1) Paper and paper prod­ It further states that it does not intend Washington, D.C. 20006. Authority ucts; products produced or distributed sought to operate as a common carrier, by manufacturer and converters of paper to tack, and apparently is willing to limit and paper products, from Eau Claire, the proposed operation to local service by motor vehicle, over irregular routes, transporting: (1) Starch, in bulk, in Wis., to points in Alabama, Arkansas. if warranted. I f a hearing is deemed nec­ Connecticut, Delaware, Florida, Georgia, tank or hopper-type vehicles, from Houl- essary, applicant requests it be held at Illinois, Indiana, Iowa, Kansas, Ken­ ton, Maine to Pittsburgh, Pa., (2) corn Chicago, HI. tucky, Louisiana, Maine, Maryland, Mas­ No. MC 14702 (Sub-No. 26), filed Feb­ starch, in bulk, in tank or hopper-type sachusetts, Michigan, Minnesota, Mis­ ruary 10, 1969. Applicant: OHIO FAST vehicles, from Boston, Mass., to points sissippi, Missouri, Nebraska, New Hamp­ FREIGHT, INC., Post Office Box 808, in Maine, (3) alum in bulk, from the shire, New Jersey, New York, North Da­ Warren, Ohio 44482. Applicant’s repre­ plantsite of Holland Co., Inc., in Adams, kota, North Carolina, Ohio, Oklahoma,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5205

Pennsylvania, Rhode Island, South Car­ No. MC 52460 (Sub-No. 100), filed Feb­ No. MC 65626 (Sub-No. 23), filed Feb­ olina, South Dakota, Tennessee, Texas, ruary 20, 1969. Applicant: HUGH ruary 24, 1969. Applicant: FREDONIA Vermont, Virginia, West Virginia, Wis­ BREEDING, INC., 1420 West 35th Street, EXPRESS, INC., Post Office Box 222, 316 consin, and the District of Columbia, Post Office Box 9515, Tulsa, Okla. 74107. Eagle Street, Fredonia, N.Y. Applicant’s and (2) Materials and supplies, used in Applicant’s representative: James W. representative: E. Stephen Heisley, 529 the manufacture and distribution of the Wrape, 2111 Sterick Building, Memphis, Transportation Building, Washington, above-described commodities, also re­ Tenn. 38103. Authority sought to operate D.C. 20006. Authority sought to oper­ turned and rejected shipments, from the as a common carrier, by motor vehicle, ate as a common carrier, by motor vehi­ above destination States to Eau Claire, over irregular routes, transporting: cle, over irregular routes, transporting: Wis. Note: Applicant states that the pri­ Ammonium nitrate, dry; fertilizer com­ Foodstuffs, from points in Chautaugua mary purpose of the instant application pounds, dry; fertilizer materials, dry; County, N.Y., to points in Delaware, is not to allow tacking. This would be and blends thereof, in bulk and in con­ Maryland, Virginia, West Virginia, and done only as an incidental part of oper­ tainers, from Beaumont, Tex., to points the District of Columbia. N ote: Appli­ ations if need arises in the future. This in Alabama, Arkansas, Colorado, Kansas, cant states that it does not intend to could be done under many of applicant’s Kentucky, Louisiana, Mississippi, Mis­ tack, and apparently is willing to limit pending and present subs. Applicant also souri, New Mexico, Oklahoma, Tennessee, the proposed operation to local service states that no duplicating authority is and Texas. N ote : Applicant states it does if warranted. I f a hearing is deemed being sought. I f a hearing is deemed nec­ not intend to tack, and apparently is will­ necessary, applicant requests it be held essary, applicant requests it be held at ing to limit the proposed operation to at Buffalo, N.Y. Chicago, 111. local service if warranted. Applicant also No. MC 69036 (Sub-No. 8), filed Febru­ No. MC 52110 (Sub-No. I l l ) (Amend­ states no duplicating authority is being ary 6, 1969. Applicant: REVELL TRAN­ ment), filed January 26, 1969, published sought. If a hearing is deemed necessary, S IT LINES, INC., Shenandoah, Iowa, Ap­ in Federal R egister issue February 20, applicant requests it be held at Washing­ plicant’s representative: Earl H. Scud- 1969, amended February 28,1969, and re­ ton, D.C., Houston or Dallas, Tex. der, Jr., 605 South 14th Street, Box 68501, published as amended, this issue. Appli­ No. MC 64932 (Sub-No. 467), filed Feb­ Lincoln, Nebr. Authority sought to oper­ cant: BRADY MOTORFRATE, INC., ruary 6, 1969. Applicant: ROGERS ate as a common carrier, by motor vehi­ 2150 Grand Avenue, Des Moines, Iowa CARTAGE CO., a corporation, 1439 West cle, over regular routes, transporting: 50312. Applicant’s representative:. Cecil 103d Street, Chicago, HI. 60643. Appli­ General commodities (except those of . L. Goettsch, 11th Floor Des Moines cant’s representative: Carl L. Steiner, 39 unusual value, classes A and B explosives, Building, Des Moines, Iowa 50309. Au­ South La Salle Street, Chicago, 111. 60603. commodities in bulk, and those requiring thority sought to operate as a common Authority sought to operate as a com­ special equipment), serving points in carrier, by motor vehicle, over irregular mon carrier, by motor vehicle, over ir­ Missouri on or west of US. Highway 169 routes, transporting: (1) Meats, meat regular routes, transporting: Processed and on or north of U.S. Highway 36 as products, meat byproducts, and articles clay, in bulk, in pneumatic trailers, from off-route points in connection with ap­ distributed by meat packinghouses as the plantsite of Houdry Process & Chem­ plicant’s presently authorized regular- described in sections A and C of appendix ical Co., Division of Air Products and route operations. N ote: If a hearing is I to the report in Descriptions in Motor Chemicals, Inc., at Paulsboro, N.J., to deemed necessary, applicant requests it Carrier Certificates, 61 M.C.C. 209 and points in Delaware, Michigan, Ohio, and be held at Rockport, Mo. 733 (except hides and commodities in Pennsylvania. N ote: Applicant states it No. MC 83539 (Sub-No. 239), filed bulk) and foodstuffs when moving in the does not intend to tack, and apparently February 24, 1969. Applicant: C & H same vehicle with meats and meat prod­ is willing to limit the proposed operation TRANSPORTATION CO., INC., 1935 ucts, (a) from Austin, Minn., Fremont, to local service if warranted. I f a hearing West Commerce Street, Dallas, Tex. Nebr., Des Moines, and Fort Dodge, is deemed necessary, applicant requests 75222. Applicant’s representatives: J. P. Iowa, to points in Connecticut, Delaware, it be held at Washington, D.C. Welsh, Post Office Box 5976, Dallas, Tex. Massachusetts, Maryland, New Jersey, No. MC 65475 (Sub-No. 9), filed Feb­ 75222 and W. T. Brunson, 419 Northwest New York, Pennsylvania, West Virginia, ruary 18, 1969. Applicant: JETCO, INC., Sixth Street, Oklahoma City, Okla. 73102. and the District of Columbia, restricted 4701 Wheeler Avenue, Alexandria, Va. Authority sought to operate as a common to traffic originating at the plantsite Applicant’s representative: J. G. Dail, carrier, by motor vehicle, over irregular and/or warehouse facilities of Geo. A. Jr., 1815 H Street N W , Washington, routes, transporting: (1) Commodities, Hormel & Co. at Austin, Minn., Fort D.C. 20006. Authority sought to operate the transportation of which, because of Dodge, Iowa, Fremont, Nebr., and I. D. as a common carrier, by motor vehicle, their size and weight, requires the use of Packing Co. at Des Moines, Iowa, and over irregular routes, transporting: (1) special equipment, and related machinery destined to indicated destination points, Commodities which require the use of parts and related contractor’s materials (h) from the plantsite and/or warehouse special equipment or special handling by and supplies when their transportation facilities of Geo. A. Hormel & Co. at Aus­ reason of size or weight; and (2) ord­ is incidental to the transportation by said tin, Minn., to points in the Lower Pe­ nance equipment, materials and sup­ carrier of commodities which by reason ninsula of Michigan, and (2) foodstuffs plies, and quartermaster supplies (except of size or weight require special equip­ when moving in the same vehicle with household goods and commodities in ment, and (2) self propelled articles, each meats and meat products, (a) from Aus­ bulk), (a) between military installations weighing 15,000 pounds or more, and re­ tin, Minn., Des Moines and Fort Dodge, or Defense Department establishments lated machinery, tools, parts, and sup­ Iowa, to Louisville, Ky., and points in In­ in the United States (except Alaska and plies moving in connection therewith, re­ diana and Ohio, (b) from Des Moines H aw aii); and (b) between points in (a) stricted to commodities which are trans­ and Fort Dodge, Iowa, to points in that above, on the one hand, and, on the ported by trailers, (a) between points in part of Michigan, on, south and west of other, points in the United States (ex­ Wyoming, Colorado, Montana, North Da­ a line beginning at Ludington, Mich., and cept Alaska and Hawaii). N ote: Appli­ kota, and South Dakota, and (b) between mending along U.S. Highway 10 to cant states it holds authority under MC points in Utah, Colorado, Montana, and Flint, Mich., and thence along Michigan 65475 for contractors’ machinery, tools, Wyoming. N ote: Applicant proposes to Highway 21 to Port Huron, Mich., and and equipment, and heavy machinery, tack the authority sought herein at com­ ♦ » S 0131 ^ le Plantsite and/or storage between points in New York, New Jer­ mon points with presently held authority iacilities of Geo. A. Hormel & Co. at Fre­ sey, Pennsylvania, Delaware, Maryland, in the States of Alabama, Arkansas, Ari­ mont, Nebr., to points in Indiana, Ohio, Virginia, West Virginia, North Carolina, zona, California, Colorado, Florida, the Lower Peninsula of Michigan and and the District of Columbia. Applicant Georgia, Idaho, Illinois, Indiana, Iowa, Louisville, Ky. N ote: The purpose of this further states it does not intend to tack, Kansas, Kentucky Louisiana, Mississippi, •publication is to change the eom- and apparently is willing to limit the -Minnesota, Michigan, Missouri, Montana, odity description in (1) above and add New Mexico, North Dakota, New Jersey, proposed operation to local service if (2) broadening the scope of New York, North Carolina, Oklahoma, uthonty. If a hearing is deemed neces­ warranted. I f a hearing is deemed neces­ Ohio, Oregon, Pennsylvania, Nebraska, sary, applicant requests it be held at Des sary, applicant requests it be held at South Carolina, South Dakota, Tennes­ Moines, Iowa, or Chicago, m. Washington, D.C. see, Texas, Utah, Virginia, West Virginia,

FEDERAL REGISTER, V O L 34, NO. 49— THURSDAY, MARCH 13, 1969 5206 NOTICES

Wisconsin, Wyoming, and Washington. County) Mo. N ote: Applicant states it vehicle, over irregular routes, transport­ I f a hearing is deemed necessary, appli­ does not intend to tack, and apparently ing: Buildings in sections on wheeled cant requests it be held at Denver, Colo. is willing to limit the proposed opera­ undercarriages with hitchball connector, No. MC 88203 (Sub-No. 3), filed Feb­ tion to local service if warranted. I f a in initial movements, from points in Liv­ ruary 17, 1969. Applicant: OTIS hearing is deemed necessary, applicant ingston County, N.Y., to points in the W RIG H T & SONS, INC., Post Office Box requests it be held at Baton Rouge or United States (except Alaska and 817, Lima, Ohio. Applicant’s representa­ New Orleans, La. Hawaii). N o te: Applicant states it does tive: Earl N. Merwin, 85 East Gay Street, No. MC 99213 (Sub-No. 12), filed Feb­ not intend to tack, and apparently is Columbus, Ohio 43215. Authority sought ruary „ 12, 1969. Applicant: VIRGINIA willing to limit the proposed operation to operate as a contract carrier, by motor FREIGHT LINES, a corporation, K il­ to local service if warranted. If a hear­ vehicle, over Irregular routes, transport­ marnock, Va. 22482. Applicant’s repre­ ing is deemed necessary, applicant re­ ing: Scrap metal, from Lima, Ohio, to sentative: Jno. C. Goddin, Post Office quests it be held at Buffalo, N.Y. Chicago, 111., Fort Wayne and Indianap­ Box 1636, Richmond, Va. 23213. Author­ No. MC 106644 (Sub-No. 95) (Clarifi­ olis, Ind., Detroit and Grand Rapids, ity sought to operate as a common car­ cation), filed January 28, 1969, published Mich., and Pittsburgh and Sharon, Pa., rier, by motor vehicle, over irregular in F ederal R egister issue of February under a continuing contract with Lima routes, transporting: Fish products and 13, 1969, and republished this issue. Ap­ Iron & Metal Co.-, Inc., Lima, Ohio. N ote: boat and factory equipment, between plicant: SUPERIOR TRUCKING COM­ I f a hearing Is deemed necessary, appli­ plant and warehouse sites of Haynie PANY, INC., 2770 Peyton Road NW., cant requests it be held at Columbus, Products, Inc., located at or near Cape Atlanta, Ga. 30321. Applicant’s repre- Ohio. Charles and Reedville, Va., Morehead sentatiye: Frank D. Hall, 1273 West No. MC 97006 (Sub-No. 10), filed Feb­ City, N.C., Baltimore, Md., Wildwood, Peachtree Street NE., Atlanta, Ga. 30309. ruary 27, 1969. Applicant: HOWARD’S N.J., and Moss Point, Miss. N ote: Appli­ Authority sought to operate as a com­ EXPRESS, INC., East North Street, Ge­ cant states it does not intend to tack, mon carrier, by motor vehicle, over irreg­ neva, N.Y. Applicant’s representative: and apparently is willing to limit the ular routes, transporting: (1) Commod­ Bert Collins, 140 Cedar Street, New York, proposed operation to local service if ities which require the use of special N.Y. 10006. Authority sought to operate warranted. I f a hearing is deemed neces­ equipment or special handling by rea­ as a common earner, by motor vehicle, sary, applicant requests it be held at son of size or weight; and (2) ordnance over irregular routes, transporting: Salt Washington, D.C., or Richmond, Va. equipment, materials and supplies, and and salt products, and, when transported No. MC 103051 (Sub-No. 228), filed quartermaster supplies (except house­ in mixed or consolidated shipments with February 13, 1969. Applicant: FLEET hold goods and commodities in bulk), (a) salt and salt products, pepper in pack­ TRANSPORT COMPANY, INC., 1000 between military installations or Defense ages; animal and poultry feed; medicinal 44th Avenue North, Post Office Box 7645, Department establishments in the United additives, and food ingredients; food Nashville, Tenn. 37209. Applicant’s rep­ States (except Hawaii and Alaska) and products used or dealt in by food proces­ resentative: R. J. Reynolds, Jr., 604-09 (b) between points in (a) above on the sors, wholesale grocers, institutional sup­ Healey Building, Atlanta, Ga. 30303. Au­ one hand, and, on the other, points in ply houses and institutions; and prod­ thority sought to operate as a common the United States (except Hawaii and ucts used in the water treatment indus­ carrier, by motor vehicle, over irregular Alaska). N o te: The purpose of this re- try, from Silver Springs, N.Y., to points routes, transporting: Animal food and publication is to show (b) above to reflect in Bergen, Passaic, Sussex, Warren, Mor­ animal food supplements, in bulk, in tank a change in territorial description. If a ris, Essex, Hudson, Union, Middlesex, vehicles, from Bainbridge, Ga., to points hearing is deemed necessary, applicant Somerset, Hunterdon, Monmouth, and in Alabama, Florida, Georgia, South requests it be held at Washington, D.C. Ocean Counties, N.J., and New York, Carolina, and Tennessee. N o te: Appli­ No. MC 107002 (Sub-No. 366), filed N.Y., restricted against the transporta­ cant states it does not intend to tack, and February 27, 1969. Applicant: MILLER tion of commodities in bulk. N ote: Ap­ apparently is willing to limit the pro­ TRANSPORTERS, INC., Post Office Box plicant states it does not intend to tack, posed operation to local service if war­ 1123, U.S. Highway 80 West, Jackson, and apparently is willing to limit the pro­ ranted. If a hearing is deemed necessary, Miss. 39205. Applicant’s representative: posed operation to local service if war­ applicant requests it be held at Atlanta, John J. Borth (same address as appli­ ranted. I f a hearing is deemed necessary, Ga., or Washington, D.C. cant) . Authority sought to operate as a applicant requests it be held at New No. MC 103993 (Sub-No. 376), filed common carrier, by motor vehicle, over York, N.Y. February 17, 1969. Applicant: MORGAN irregular routes, transporting: Liquid No. MC 97825 (Sub-No. 4), filed Feb­ DRIVE AWAY, INC., 2800 West Lexing­ fertilizer, in bulk, in tank vehicles, from ruary 18, 1969. Applicant: LOUISIANA ton Avenue, Elkhart, ind. 46514. Appli­ Port Birmingham (Birmingport), Ala., to MIDLAND TRANSPORT COMPANY, cant’s representative: Paul D. Borghe- points in Alabama, Georgia, Mississippi, INC., 3679 Florida Street, Post Office Box sani (same address as applicant) . Au­ and Tennessee. N ote: Applicant states 66393, Baton Rouge, La. 70806. Appli­ thority sought to operate as a common that the authority sought herein could be cant’s representative: Carlos G. Spaht or carrier, by motor vehicle, over irregular tacked or combined at Blytheville, Ark., James M. Field, 500 Laurel Street, Union routes, transporting: Buildings in sec­ Meridian, Miss., Barfield, Ark., Phillips Federal Building, Baton Rouge, La. tions, from points in Jefferson County, County, Ark., and Vicksburg, Miss., for 70802. Authority sought to operate as a W. Va., to points in the United States the purpose of performing a through common carrier, by motor vehicle, over (excepting Alaska and Hawaii, Alabama, service to points in Georgia and Tennes­ irregular routes, transporting: Cement Arizona, Arkansas, Florida, Georgia, see. If a hearing is deemed necessary, in packages and in bulk in tank or other Illinois, Indiana, Iowa, Kansas, Ken­ applicant requests it be held at Birming­ bulk-type carrying vehicles, from An­ tucky, Louisiana, Michigan, Minnesota, ham, Ala., or Atlanta, Ga. chorage, La. (which is approximately 2 Mississippi, Missouri, Nebraska, Ohio, No. MC 107010 (Sub-No. 3 8 ), filed miles west of the Mississippi River across Oklahoma, Tennessee, Texas, Wisconsin, February 6, 1969. Applicant: BULK from the city of Baton Rouge) to points and West Virginia). N ote: Applicant CARRIERS, INC., Box 106, Auburn, Nebr. within the following enumerated Louisi­ states it does not intend to tack, and ap­ 68305. Applicant’s representative: J. Max ana Parishes, West Baton Rouge, East parently is willing to limit the proposed Harding, 605 South 14th, Post Office Box Baton Rouge, East Feliciana, St. Helena, operation to local service if warranted. 2028, Lincoln, Nebr. 68501. Authority Tangipahoa, Washington, St. Tam­ I f a hearing is deemed necessary, appli­ sought to operate as a common carrier, many, Livingston, St. John the Baptist, cant requests it be held at Washington, by, motor vehicle, over irregular routes, north of U.S. Highway 90 and Louisiana D.C. transporting: Anhydrous ammonia, urea, Highway 1, St. James, Ascension, As­ No. MC 106398 (Sub-No. 391), filed fertilizer and fertilizer ingredients, from sumption, St. Mary, Iberia, St. Martin, February 19, 1969. Applicant: NATION­ the plantsite or warehouse facilities of Lafayette, St. Landry, Pointe Coupee, AL TRAILER CONVOY, INC., 1925 Na­ Agrico Chemical Co., located at or near tional Plaza, Tulsa, Okla. 74151. Appli­ West Feliciana, and Iberville, restricted Blair, Nebr., to points in Colorado, Kan­ cant’s representative: Irvin Tull (same sas, Illinois, Indiana, Iowa, Michigan, to ex-rail traffic having a prior move­ address as applicant). Authority sought Minnesota, Missouri, Montana, Ne­ ment by rail from Selma (Jefferson to operate as a common carrier, by motor braska, North Dakota, South Dakota,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5207

Wisconsin, and Wyoming. Note: Appli­ thence over Arkansas Highway 41 to Practices of Motor Common Carriers of cant states It does not intend to tack, and Cross Roads, Ark., and return over the Household Goods, 17 M.C.C. 467, com­ apparently is willing to limit the pro­ same route, serving all intermediate modities in bulk, and commodities re­ posed operation to local service if war­ points; (3) between Cross Roads, Ark., quiring special equipment, serving Albion ranted. If a hearing is deemed necessary, and Wilton, Ark., over Arkansas High­ and South Milford, Ind., as off-route applicant requests it be held at Omaha, way 234, and return over the same route, points in connection with carrier’s regu­ Nebr. serving all intermediate points; (4) be­ lar route operations. N o te: If a hearing No. MC 107295 (Sub-No. 169), filed tween Texarkana, Ark.-Tex., and Hope, is deemed necessary, applicant requests February 17, 1969. Applicant: PRE-FAB Ark., over U.S. Highway 67, and return it be held at Indianapolis, Ind., or Chi­ TRANSIT CO., a corporation, 100 South over the same route, serving all inter­ cago, 111. Main Street, Farmer City, HI. 61842. Ap­ mediate points; (5) between Mineral No. MC 108676 (Sub-No. 25), filed plicant’s representatives: Dale L. Cox, Springs, Ark., and Fulton, Ark., over February 17,1969. Applicant: A. J. MET- Post Office Box 146, Farmer City, HI. Arkansas Highway 355, and return over LER HAULING AND RIGGING, INC., 61842 and Mack Stephenson, 301 Build­ the same route, serving all intermediate 117 ' Chicamauga Avenue NE., Knox­ ing, 391 North Second Street, Springfield, points; and (6) between Millwood Dam ville, Tenn. 37917. Applicant’s represent­ HI. 62702. Authority sought to operate Site and Junction Arkansas Highway ative: Robert M. Pearce, Post Office Box as a common carrier, by motor vehicle, 355: from Millwood Dam Site over Ark­ E, Bowling Green, Ky. 42101. Authority over irregular routes, transporting: Pan­ ansas Highway 355, and return over the sought to operate as a common carrier, els and insulation; pontoons and acces­ same route, serving all intermediate by motor vehicle, over irregular routes, sories, from Columbus, Ohio, to points in points. N ote: I f a hearing is deemed nec­ transporting: Concrete products, pre­ the United States (except Hawaii and essary, applicant requests it be held at cast, and prestressed, from Knoxville, Ohio). Note: Applicant states it will tack Texarkana, Ark.-Tex., Shreveport, La., Term., to points in Alabama, Georgia, with its presently held authority MC or Little Rock, Ark. Kentucky, Virginia, Ohio, North Caro­ 107295, where feasible. If a hearing is No. MC 107515 (Sub-No. 640), filed lina, and West Virginia. N ote : Applicant deemed necessary, applicant requests it February 17, 1969. Applicant: REFRIG­ states it presently holds authority in MC be held at Columbus, Ohio. ERATED TRANSPORT CO., INC., Post 108676 Sub 19 to transport the involved No. MC 107295 (Sub-No. 170), filed Office Box 10799, Station A, Atlanta, Ga. commodities, from Nashville, Tenn., to February 17, 1969. Applicant: PRE-FAB 30310. Applicant’s representative: B. L. portions of Alabama, Georgia, Kentucky, TRANSIT CO., a corporation, 100 South Gundlach (same address as above). Au­ and Virginia. Applicant further states it Main Street, Post Office Box 146, Farmer thority sought to operate as a common does not intend to tack, and apparently City, HI. 61842. Applicant’s representa­ carrier, by motor vehicle, over irregular is willing to limit the proposed operation tives: Dale L. Cox, Post Office Box 146, routes, transporting: Foodstuffs, from to local service if warranted. If a hearing Farmer City, 111., also Mack Stephenson, Sherman, Tex., to points in Alabama, is deemed necessary, applicant requests 301 Building, 301 North Second Street, Florida, Georgia, Missisippi, North Car­ it be held at Knoxville, Tenn. Springfield, 111. 62702. Authority sought olina, South Carolina, Tennessee, and No. MC 109449 (Sub-No. 13), filed to operate as a common carrier, by motor Louisiana. N ote : Applicant states it does February 11, 1969. Applicant: KUJAK vehicle, over irregular routes, transport­ not intend to tack, and apparently is will­ BROS. TRANSFER, INC., 352 Junction ing: Structural floor supports and acces­ ing to limit the proposed operation to Street, Winona, Minn. 55987. Applicant’s sories, from Seville, Ohio, to points in local service if warranted. I f a hearing representative: Charles E. Nieman, 1160 Minnesota, Colorado, Louisiana, Mis­ is deemed necessary, applicant requests Northwestern Bank Building, Minneap­ sissippi, Alabama, Florida, Georgia, it be held at Dallas, Tex., or Atlanta, Ga. olis, Minn. 55402. Authority sought to South Carolina, North Carolina, Virginia, No. MC 107871 (Sub-No. 58) (Clarifi­ operate as a common carrier, by motor West Virginia, Maryland, Delaware, cation), filed July 15, 1968, published vehicle, over irregular routes, transport­ Pennsylvania, New Jersey, New York, F ederal R egister issue of August 1,1968, ing: Salt, in bulk, from Winona, Minn., Connecticut, Rhode Island, Massachu­ and republished this issue. Applicant: to points in Hlinois, Iowa, and Wiscon­ setts, Vermont, New Hampshire, and BONDED FREIGHTWAYS INC., 441 sin. N o te: Applicant states it does not Maine. Note : Applicant states that it in­ Kirkpatrick Street West, Syracuse, N.Y. intend to tack, and apparently is willing tends to tack with its present authority 13204. Applicant’s representative: Her­ to limit the proposed operation to local in MC 107295, where feasible. I f a hear­ bert M. Canter, 345 South Warren Street, service if warranted. I f a hearing is ing is deemed necessary, applicant re­ Syracuse, N.Y. 13202. Authority sought deemed necessary, applicant requests it quests it be held at Cleveland or Colum­ to operate as a common carrier, by motor be held at Minneapolis or St. Paul, Minn. bus, Ohio. vehicle, over irregular routes, transport­ No. MC 109638 (Sub-No. 21), filed Feb­ No. MC 107348 (Sub-No. 5), filed Feb­ ing : Dry cement in bulk, in a coordinated ruary 10, 1969. Applicant: WOODROW ruary 5, 1969. Applicant: DON A. SIM ­ rail-motor service, from the Flexi-Flo EVERETTE, doing business as EVER- MONS, doing business as A & F MOTOR rail-motor interchange terminals of the ETTE TRUCK LINE, Post Office Box 145, LINE, 151 South Taylor Street, Post Pennsylvania New York Central Trans­ Washington, N.C. Applicant’s represent­ Office Box 244, Ashdown, Ark. 71822. Ap­ portation Co. at or near Syracuse and ative: Edward G. Villalon, 1735 K Street plicant’s representative: Louis Tarlow- Rochester, N.Y., to points in Nfew York. NW., Washington, D.C. 20006. Authority ski, 914 Pyramid Life Building, Little N o te: The purpose of this republication sought to operate as a common carrier, Rock, Ark. 72201. Authority sought to is to specifically name where the Flexi- by motor vehicle, over irregular routes, operate as a common carrier, by motor Flo rail-motor interchange terminals are transporting: (1) Lumber, from points in vehicle, over regular routes, transport­ located in New York. If a hearing is Beaufort, Martin, Hyde, and Washington ing: General commodities (except those deemed necessary, applicant requests it Counties, N.C., to points in Pennsylvania, of unusual value, classes A and B ex­ be held at Syracuse or New York, N.Y., west of U.S. Highway 15; (2) lumber, plosives, household goods as-'defined by or Washington, D.C. from points in Craven, Jones, Onslow, the Commission, commodities in bulk, No. MC 108449 (Sub-No. 295), filed Pender, Carteret, and New Hanover and in tank vehicles, commodities requir­ February 24, 1969. Applicant: INDIAN- Counties, N.C., to points in Virginia, ing special equipment, and those injur­ HEAD TRUCK LINE, INC., 1947 West Maryland, Pennsylvarila, and the Dis­ ious or contaminating to other lading), County Road C, St. Paul, Minn. 55113. trict of Columbia; and (3) lumber (ex­ (1) between Texarkana, Ark.-Tex., and Applicant’s representatives: Adolph J. cept plywood and veneer), from Lewis­ Clarksville, Tex., over U.S. Highway 82, Bieberstein, 121 West Doty Street, Madi­ ton, N.C., and points within 5 miles return over the same route, serving son, Wis. 53703, and W. A. Myllenbeck thereof to points in Virginia, Maryland, all intermediate points, except Red River (same address as applicant). Authority Pennsylvania, and the District of Colum­ Arsenal and Lone Star Ordnance De­ sought to operate as a common carrier, bia. N o te: Applicant states it does not pot, near Hooks, Tex.; (2) between New by motor vehicle, over regular routes, intend to tack, and apparently is willing e°ston, Tex., and Cross Roads, Ark.: transporting: General commodities, ex­ to limit the proposed operation to local f rom New Boston over Texas Highway cept those of unusual value, dangerous service if warranted. I f a hearing is 8 to junction Arkansas Highway 41, explosives, household goods as defined in deemed necessary, applicant requests it

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5208 NOTICES be held at Raleigh, N.C., or Washington, Tennessee, and to Charleston, W. Va., rected this issue. Applicant: BURNS D.C. Taft, La., and Texas City, Tex. N o te: MOTOR FREIGHT, INC., Post Office No. MC 110098 (Sub-No. 97), filed Applicant states it does not intend to Box 149, U.S. Highway 219 North, Mar- February 7, 1969. Applicant: ZERO RE­ tack, and apparently is willing to limit linton, W. Va. 24954. Applicant’s repre­ FRIGERATED LINES, 815 Merida the proposed operation to local service sentative: Theodore Polydoroff, 1120 Street, Box 7249, Station A, San Antonio, if warranted. Common control may be Connecticut Avenue NW., Washington, Tex. 78207. Applicant’s representative: involved. I f a hearing is (¡leemed neces­ D.C. 20036. Authority sought to operate Donald L. Stem, 630 City National Bank sary, applicant requests it be held at as a common carrier, by motor vehicle, Building, Omaha, Nebr. 68102. Authority New York, N.Y., or Washington, D.C. over irregular routes, transporting: New sought to operate as a common carrier, by No. MC 111545^(Sub-No. 116), filed furniture, from points in Pocahontas motor vehicle, over irregular routes, February 24, 1969. Applicant: HOME County, W. Va., to points in New Jersey, transporting: Foodstuffs, cleaning com­ TRANSPORTATION COMPANY, INC., New York, Pennsylvania, Delaware, pounds, "bleach, textile softeners (except Post Office Box 6426, Station A, Marietta, Maryland, Virginia, Ohio, Massachusetts, commodities in bulk, in tank vehicles, Ga. 30060. Applicant’s representative: Connecticut, Rhode Island, Vermont, equipped with mechanical refrigeration Robert E. Born, 1425 Franklin Road SE., New Hampshire, Maine, and Washing­ from Sunnyvale, Calif., to points in Ore­ Marietta, Ga. 30060. Authority sought to ton, D.C. N ote: Applicant states it does gon and Washington. N o te: Applicant operate as a common carrier, by motor not intend to tack, and is apparently states it does not intend to tack, and vehicle, over irregular routes, transport­ willing to accept a restriction against apparently is willing to limit the proposed ing: Commodities which require the use tacking if warranted. The purpose of this operation to local service if warranted. of special equipment or special handling correction is to correct the note regarding Applicant states no duplicating author­ by reason of size of weight; self-propelled tacking information. If a hearing is ity is being sought. If a hearing is deemed articles, each weighing 15,000 pounds or deemed necessary, applicant requests it necessary, applicant requests it be held at more, and related machinery, tools, parts, be held at Washington, D.C. San Francisco, Calif., or San Antonio, ■and supplies moving in connection there­ No. MC 112304 (Sub-No. 27), filed Feb­ Tex. with; ordnance equipment, materials, ruary 12, 1969. Applicant: ACE DORAN No. MC 110420 (Sub-No. 578), filed and supplies; quartermaster supplies; HAULING & RIGGING CO., a corpora­ February 14, 1969. Applicant: QUALITY and blasting supplies, explosives, and tion, 1601 Blue Rock Street, Cincin­ CARRIERS, INC., 100 South Calumet other dangerous articles as defined in the nati, Ohio 45223. Applicant’s represen­ Street, Burlington, Wis. 53105. Appli­ Department of Transportation regula­ tative: A. Charles Tell, 100 East Broad cant’s representative: Allan B. Torhorst tions governing the transportation of ex­ Street, Columbus, Ohio 43215. Authority (same address ^is applicant). Authority plosives and other dangerous articles, be­ sought to operate as a common carrier, sought to operate as a common carrier, tween points in the United States on and by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, east of a line formed by the western transporting: (1) Iron and steel, iron transporting: Fatty acid products, deter­ boundaries of North Dakota, South Da­ and steel articles, aluminum and alum­ gents, surfactants, washing compounds, kota, Nebraska, Kansas, Oklahoma, and inum articles (a) from points in Jef­ and liquid chemicals, from Janesville, Texas. N ote : Applicant states It does not ferson County, Ky., to points in Alabama, Wis., to points in Georgia. N ote: Appli­ intend to tack, and apparently is willing Arkansas, Florida, Georgia, Illinois, Iowa, cant states it does not intend to tack, and to limit the proposed operation to local Louisiana, Minnesota, Mississippi, Mis­ apparently is willing to limit the pro­ service if warranted. Applicant further souri, North Carolina, Oklahoma, South posed operation to local service if war­ states that no duplicating authority is Carolina, Tennessee, Texas, Virginia, ranted. If a hearing is deemed necessary, sought. If a hearing is deemed necessary, and Wisconsin; (b) from points in Bar­ applicant requests it be held at Madison, applicant requests It be held at Wash­ bour County, Ala., to points in Arkansas, Wis., or Chicago, HI. ington, D.C. Florida, Georgia, Illinois, Kentucky, No. MC 110525 (Sub-No. 893) (Amend­ No. MC 111545 (Sub-No. 117), filed Louisiana, Mississippi, Missouri, North ment) , filed January 21, 1969, published February 24, 1969. Applicant: HOME Carolina, Oklahoma, South Carolina, in F ederal R egister issue of February TRANSPORTATION COMPANY, INC., Tennessee, and Texas; and (2) truck 20, 1969, and republished, as amended Post Office Box 6426, Station A, Marietta, cabs, from points in Jefferson County, this issue. Applicant: CHEMICAL LEA- Ga. 30060. Applicant’s representative: Ky., to points in Alabama, Arkansas, MAN TANK LINES, INC., 520 East Lan­ Robert E. Bom, 1425 Franklin Road SE., Florida, Georgia, Illinois, Iowa, Louis­ caster Avenue, Downingtown, Pa. 19335. Marietta, Ga. 30060. Authority sought to iana, Minnesota, Mississippi, Missouri, Applicant’s representatives: Edwin H. operate as a common carrier, by motor North Carolina, Oklahoma, South Car­ van Deusen (same address as above), vehicle, over irregular routes, transport­ olina, Tennessee, Texas, and Wisconsin. and Leonard A. Jaskiewicz, 1155 15th ing: Trailers, designed to be drawn by N ote : Applicant states that the author­ Street NW., Washington, D.C. 20005. Au­ passenger automobiles and buildings in ity sought herein can be joined with ap­ thority sought to operate as a common sections mounted on wheeled undercar­ plicant’s ^existing “size and weight” au­ carrier, by motor vehicle, over irregular riages; (1) from points in Holmes thority in MC 112304 (Sub-No. 1) and routes, transporting: Hydrogen peroxide, County, Miss., to points in the United “ guard rail” authority in (Sub-No. Ill in bulk, from the plantsite of the E. I. States (except Alaska and H aw aii); and with joinder tacking place at any point du Pont de Nemours & Co., at or near (2) from points in Sumner County, in Jefferson County, Ky., Applicant also Woodstock, Term., to points in Minne­ Tenn., to points in the United States (ex­ states tacking possibilities with its exist­ sota, Nebraska, and Wisconsin, N ote: cept Alaska and Hawaii). N ote: Appli­ ing authority under (Sub-No. 7). The The purpose of this republication is to cant states that tacking could occur at additional territory that could be served broaden the scope of authority sought. the origins here applied from, in con­ through such joinder includes points in If a hearing is deemed necessary, appli­ junction with its presently held author­ the states of Wisconsin, Illinois, Indiana, cant requests it be held at Washington, ity .whereas it is authorized to operate in Ohio, Michigan, Pennsylvania, West D.C. Indiana, Michigan, Alabama, Georgia, Virginia, New York, New Jersey, and No. MC 111045 (Sub-No. 67), filed Feb­ South Carolina, Kentucky, Ohio, Illi­ Kentucky. If a hearing is deemed neces­ ruary 13, 1969. Applicant: REDWING nois, Tennessee, Louisiana, Mississippi, sary, applicant requests it be held at CARRIERS, INC., Post Office Box 426, Florida, Arkansas, Delaware, Missouri, Washington, D.C. Tampa, Fla. 33601. Applicant’s repre­ North Carolina, Pennsylvania, Texas, No. MC 112822 (Sub-No. 94), filed Feb­ sentative: J. V. McCoy (same address as Virginia, West Virginia, and the District ruary 12, 1969. Applicant: BRAY LINES applicant). Authority sought to operate of Columbia. I f a hearing is deemed INCORPORATED, Post Office Box 1191, as a common carrier, by motor vehicle, necessary, applicant requests it be held 1401 North Little Street, Cushing, Okla. over irregular routes, transporting: at Memphis, Tenn. 74023. Applicant’s representative: Carl L. Chemicals, in bulk, in tank vehicles, from No. MC 111785 (Sub-No. 41) (Cor­ Wright (same address as applicant). points in Hillsborough County, Fla., to rection), filed February 19, 1969, pub­ Authority sought to operate as a common points in Alabama, Florida, Georgia, Mis­ lished F ederal R egister, issue of carrier, by motor vehicle, over irregular sissippi, North Carolina, South Carolina, March 6, 1969, and republished as cor­ routes, transporting: Plastic tubing,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5209 plastic conduit, plastic mouldings, valves, plicant’s representative: Paul F. Berry, distributed by meat packinghouses, as fittings, compounds, joint sealer, bonding 88 East Broad Street, Columbus, Ohio described in sections A and C of appen­ cement, thinner, vinyl building products, 43215. Authority sought to operate as a dix I to the report in the Descriptions in and accessories used in the installation common carrier, by motor vehicle, over Motor Carrier Certificates 61 M.C.C. 209 of such products in straight or mixed irregular routes, transporting: (1) Such and 766, from the plantsite and storage loads, from McPherson, Kans., to points commodities, as are susceptible of being facilities utilized by Carter Packing Co., in Arizona, Colorado, Idaho, Montana, unloaded by dumping, in dump trucks; Inc., at or-near Buhl, Idaho, to points in Nevada, New Mexico, Utah, and Wyo­ (a) between points in Athens, Morgan, Hlinois, Wisconsin, Minnesota, Kansas, ming. Note: Applicant states it does not and Noble Counties, Ohio, on the one Texas, Colorado, Arizona, Iowa, and intend to tack, and apparently is willing hand, and, on the other, points in Harri­ Nebraska. N ote : Applicant states it does to limit the proposed operation to local son, Jackson, Pleasants, Wetzel, Wood, not intend to tack, and apparently is service if warranted. I f a hearing is Mason, Roane, Ritchie, Calhoun, Tyler, willing to limit the proposed operation deemed necessary, applicant requests it Marshall, Doddridge, Wirt, Gilmer, and to local service if warranted. If a hearing be held at Kansas City, Mo., or Okla­ Kanawha Counties, W. Va.; and (b) be­ is deemed necessary, applicant does not homa City, Okla. tween points in Washington County, specify a location. No. MC 112822 (Sub-No. 95), filed Feb­ Ohio, on the one hand, and, on the other, No. MC 113678 (Sub-No. 341), filed ruary 20, 1969. Applicant: BR AY LINES points in Kanawha County, W. Va. N ote : February 20, 1969. Applicant: CURTIS, INCORPORATED, Post Office Box 1191, Applicant states it presently holds au­ INC., 770 East 51st Avenue, Denver, Colo. 1401 North Little Street, Cushing, Okla. thority to transport coal, in bulk, in 80216. Applicant’s representatives: 74023. Applicant’s representative: Carl dump trucks from Athens, Morgan, and Duane W. Acklie and Richard Peterson, L. Wright (same address as applicant). Noble Counties, Ohio, to Pleasants and Post Office Box 806, Lincoln, Nebr. 68501. Authority sought to operate as a com­ Wood Counties, W. Va., and to this de­ Authority sought to operate as a com­ mon carrier, by motor vehicle, over irreg­ gree, the instant request would be dupli­ mon carrier, by motor vehicle, over irreg­ ular routes, transporting: Meat, meat cative. The purpose of this republication ular routes, transporting: Meats, meat products and meat byproducts and arti­ is to reflect counties in (a) above, in products, and frozen foods, from Colo­ cles distributed by meat packinghouses, West Virginia, in lieu of Virginia, as rado Springs, Colo., to points in Illinois, as described in sections A and C of ap­ shown in previous publication. If a hear­ Indiana, Michigan, North Dakota, South pendix I, Description in Motor Carrier ing is deemed necessary, applicant re­ Dakota, Delaware, Maine, Maryland, Certificates, 61 M.C.C. (272-273) and 766 quests it be held at Columbus, Ohio. Massachusetts, New Hampshire, New Jer­ (except commodities in bulk, and tank No. MC 113434 (Sub-No. 33), filed sey, Wyoming, New York, Pennsylvania, vehicles, and hides), from Liberal, Kans., February x20, 1969. Applicant: GRA- Rhode Island, Tennessee, Vermont, Vir­ to points in Arizona, Arkansas, Califor­ BELL TRUCK LINE, INC., 679 Lincoln, ginia, and the District of Columbia. nia, Colorado, Idaho, Iowa, Illinois, Kan­ Holland, Mich. 49423. Applicant’s repre­ N o te: Applicant states that it does not sas, Kentucky, Louisiana, Minnesota, sentative: Wilhelmina Boersma, 1600 intend to tack, and apparently is willing Missouri, Montana, Nebraska, Nevada, First Federal Building, Detroit, Mich. to limit the proposed operation to local New Mexico, North Dakota, Oklahoma, 48226. Authority sought to operate as a service if warranted. I f a hearing is Oregon, South Dakota, Tennessee, Texas, common carrier, by motor vehicle, over deemed necessary, applicant requests it Utah, Washington, Wisconsin, and Wyo­ irregular routes, transporting: Food­ be held at Denver, Colo. ming. Note: Applicant states that it does stuffs, canned, prepared, or preserved, No. MC 113843 (Sub-No. 147) (Correc­ not intend to tack, and apparently is other than frozen, from the site of the tion), filed January 23, 1969, published willing to limit the proposed operation to facilities of H. J. Heinz Co. in Toledo, F ederal R egister, issue of February 20, local service if warranted. I f a hearing Ohio, to points in Michigan. N o te: Ap­ 1969, and republished as corrected this is deemed necessary, applicant requests plicant states it does not intend to tack, issue. Applicant: REFRIGERATED it be held at Kansas City, Mo., or Denver, and apparently is willing to limit the FOOD EXPRESS, INC., 316 Summer Colo. proposed operation to local service if Street, Boston, Mass. 02210. Applicant’s No. MC 113267 (Sub-No. 210), filed warranted. If a hearing is deemed neces­ representative : Lawrence T. Sheils February 10, 1969. Applicant: CENTRAL sary, applicant requests it be held at (same address as applicant). Authority & SOUTHERN TRUCK LINES, INC., 312 Detroit, Mich., or Pittsburgh, Pa. sought to operate as a common carrier, West Morris Street, Caseyville, HI. 62232. No. MC 113678 (Sub-No. 339), filed by motor vehicle, over irregular routes, Applicant’s representative: Lawrence A. February 17, 1969. Applicant: CURTIS, transporting: Oleomargarine, table Fischer (same address as applicant). INC., 770 East 51st Avqpue, Denver, Colo. sauces, table spreads, salad dressings, Authority sought to operate as a common 80216. Applicant’s representatives: salad oils, vegetable oils, cooking oils, carrier, by motor vehicle, over irregular Duane W. Acklie and Richard Peterson, shortening, lard, tallow, animal fats, routes, transporting: Frozen foods and Post Office Box 806, Lincoln, Nebr. 68501. products made with vegetable oils and/or meats, meat products, and meat byprod­ Authority sought to operate as a com­ animal fats, in containers in vehicles ucts, and articles distributed by meat mon carrier, by motor vehicle, over ir­ equipped for controlled temperatures, packinghouses as described in sections A regular routes, transporting: Foodstuffs, from the plantsite of Anderson, Clayton and C of appendix I to the report in De­ from the plantsite and storage facilities & Co. Foods Division, at or near Jackson­ scriptions in Motor^Carrier Certificates, utilized by Holloway House, Inc., at or ville, HI., to points in Connecticut, Dela­ 61 M.C.C. 209 and 766, from Shreveport, near Lafayette, Ind., to points in Utah, ware, Maine, Maryland, Massachusetts, La., to points in Louisiana, Arkansas, and Wyoming, Montana, Idaho, Oregon, and New Hampshire, New Jersey, New York, that part of Texas lying east of the east­ Washington. N ote : Applicant states that Pennsylvania, Rhode Island, Vermont, ern boundaries of Cooke, Denton, Tar- it intends to tack at Lafayette, Ind., to Virginia, West Virginia, and the District rantj Ellis, Navarro, Freestone, Leon, serve points in Colorado,- Indiana, Illi­ of Columbia. N o te: The purpose of this Madison, Grimes, Waller, Fort Bend, and nois, Iowa, Kentucky, Michigan, Minne­ republication is to include “ sauces, table Brazoria Counties, Tex. Note: Common sota, Missouri, Ohio, West Virginia, Kan­ spreads, salad dressings, salad oils,” to control may be involved. Applicant states sas, and Nebraska. If a hearing is deemed the commodity description which was that it does not intend to tack, and ap­ necessary, applicant requests it be held erroneously omitted from previous pub­ parently is willing to limit the proposed at Denver, Colo. lication. Common control may be in­ operation to local service if warranted. No. MC 113678 (Sub-No, 340), filed volved. If a hearing is deemed necessary, If a hearing is deemed necessary, appli­ February 17, 1969. Applicant: CURTIS, applicant requests it be held at Wash­ cant requests it be held at Houston, INC., 770 East 51st Avenue, Denver, ington, D.C., or Dallas, Tex. Tex., or Shreveport, La. Colo. 80216. Applicant’s representatives: No. MC 114211 (Sub-No. 121), filed No. MC 113300 (Sub-No. 4) (Correc­ Duane W. Acklie and Richard Peterson, February 24, 1969. Applicant: WARREN tion), filed February 3, 1969, published Post Office Box 806, Lincoln, Nebr. 68501. TRANSPORT, INC., 305 Whitney Road, iaonRAL Register issue of February 2T, Authority sought to operate as a com­ Post Office Box 420, Waterloo, Iowa o, 9’«corrected and republished, this is­ mon carrier, by motor vehicle, over ir­ 50704. Applicant’s representative: sue. Applicant: W ILLIAM T. HERRON, regular routes, transporting: Meat, meat Charles W. Singer, 33 North Dearborn «-oute No. 3 , Marietta, Ohio 45750. Ap­ products, meat byproducts, and articles Street, Suite 1625, Chicago, HI. 60602.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5210 NOTICES

Authority sought to operate as a common MC 129706, therefore, dual operations not be combined with any other authority carrier, by motor vehicle, over irregular may be involved. If a hearing is deemed held herein by carrier for the purpose routes, transporting: (1) Agricultural necessary, applicant requests it be held of performing a through service. If a implements and machinery; (2) tractors at Sioux City, Iowa. hearing is deemed necessary, applicant (except those with vehicle beds, bed No. MC 114725 (Sub-No. 46), filed Feb­ requests it be held at Harrisburg, Pa. frames, or fifth wheels), including lawn ruary 6, 1969. Applicant: WYNNE No. MC 117119 (Sub-No. 412), filed and garden tractors, and tractors and TRANSPORT SERVICE, INC., 2606 February 13, 1969. Applicant: WILLIS tractor excavating, grading, or loading North 11th Street, Omaha, Nebr. Appli­ SHAW FROZEN EXPRESS, INC., Elm attachments, combined; (3) attachments cant’s representative: J. Max Harding, Springs, Ark. 72728. Authority sought to and accessories for, and equipment de­ Post Office Box 2028, 605 South 14th operate as a common carrier, by motor signed for use with, the foregoing arti­ Street, Lincoln, Nebr. 68501. Authority vehicle, over irregular routes, transport­ cles; and (4) twine, from West Chicago, sought to operate as a common carrier, ing: Frozen bakery goods, from the 111., to points in Arkansas, Iowa, Kansas, by motor vehicle, over irregular routes, plantsite of the Kitchens of Sara Lee, Louisiana, Minnesota, Missouri, Ne­ transporting: Anhydrous ammonia, urea, Division of Consolidated Foods, in Deer­ braska, North Dakota, and Texas, re­ fertilizer, and fertilizer ingredients, from field, 111. and/or the warehouses of the stricted to traffic originating at the the plantsite or warehouse facilities of Kitchens of Sara Lee, Division of Consoli­ plantsites of, or storage or distri­ Agrico Chemical Co., located at or near dated Foods, in Chicago, 111., to points in bution facilities used by, International Blair, Nebr., to points in Colorado, Kan­ Minnesota, Iowa, North Dakota, South Harvester Co. N ote: Applicant states sas, Illinois, Indiana, Iowa, Michigan, Dakota, Washington, Oregon, Idaho, that, it does not intend to tack, and ap­ Minnesota, Missouri, Montana, Nebraska, Utah, Nebraska, - and Wyoming. N o te: parently is willing to limit the proposed North Dakota, South Dakota, Wisconsin, Applicant states it does not intend to tack, and apparently is willing to limit operation to local service if warranted. and Wyoming. N ote: Applicant states it Applicant further states that no dupli­ does not intend to tack, and apparently the proposed operation to local service if cating authority is being sought. If a is willing to limit the proposed operation warranted. I f a hearing is deemed neces­ hearing is deemed necessary, applicant to local service if warranted. If a hearing sary, applicant requests it be held at requests it be held at Chicago, 111. is deemed necessary, applicant requests Chicago, 111., or Washington, D.C. No. MC 114457 (Sub-No. 75), filed it be held at Omaha, Nebr. No. MC 117574 (Sub-No. 181), filed February 24, 1969. Applicant: DART February 5,1969. Applicant: DAILY EX­ No. MC 116254 (Sub-No. 92), filed PRESS, INC., Post Office Box 39, Carlisle, TR AN SIT COMPANY, a corporation, February 6, 1969. Applicant: CHEM- 780 North Prior Avenue, St. Paul, Pa. 17013. Applicant’s representative: HAULERS, INC., Post Office Drawer M, E. S. Moore, Jr. (same address as appli­ Minn. 55104. Applicant’s representative: Sheffield, Ala. 35660. Applicant’s repre­ Charles W. Singer, 33 North Dearborn cant) . Authority sought to operate as a sentative: Walter Harwood, 1822 Park­ common carrier, by motor vehicle, over Street, Chicago, HI. 60602. Authority way Towers, Nashville, Term. 37219. Au­ sought to operate as a common carrier, irregular routes, transporting: Glass, be­ thority sought to operate as a common tween Crystal City, Mo., on the one hand, by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular transporting: (1) Paper and paper prod­ and, on the other points in Alabama, Ar­ routes, transporting: Chemicals, in bulk, kansas, Connecticut, Delaware, Florida, ucts and woodpulp, from Cloquet and from Huntsville, Ala., to points in Geor­ Georgia, Illinois, Indiana, Iowa, Kansas, Brainerd, Minn., to points in Florida, gia, Mississippi, and. Tennessee. N ote: Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Applicant states it intends to tack the Massachusetts, Michigan, Minnesota, Kentucky, Massachusetts, Michigan, sought authority with its Sub 52 at Bar- Mississippi, Missouri, Nebraska, New Minnesota, Missouri, Montana, Nebraska, field, Ark., and points within' 10 miles Hampshire, New Jersey, New York, North New Jersey, New York, North Carolina, thereof, which includes a portion of Ten­ Carolina, North Dakota, Ohio, Oklahoma, Ohio, Pennsylvania, Rhode Island, South nessee (Barfield is on Tennessee River) Pennsylvania, Rhode Island, South Car­ Carolina, South Dakota, Tennessee, Vir­ to serve points in Alabama, Arkansas, olina, South Dakota, Tennessee, Texas, ginia, West Virginia, and Wisconsin; and Illinois, Indiana, Iowa, Kansas, Ken­ (2) equipment, material, and supplies tucky, Louisiana, Michigan, Mississippi, Vermont, Virginia, West Virginia, Wis­ used in the manufacture, sale, and dis­ Missouri, Ohio, Oklahoma, Wisconsin, consin, and the District of Columbia. tribution of paper and paper products those in Tennessee west and south of a Note: Applicant states it does not intend and woodpulp, from points in the above line extending from the Kentucky-Ten- to tack, and apparently is willing to limit destination States to Cloquet and Brai­ nessee State line along U.S. Highway 27, the proposed operation to local service nerd, Minn. N o te: Applicant states it thence along U.S. Highway 70 to the Ten­ if warranted. Common control may be does not intend to tack, and apparently nessee-North Carolina State line, and involved. If a hearing is deemed neces­ is willing to limit the proposed operation those in Texas (except Longview, Tex.) sary, applicant requests it be held at to local service if warranted. I f a hearing east and north of a line extending from Washington, D.C., or Pittsburgh, Pa. is deemed necessary, applicant requests the Oklahoma-Texas State line along No. MC 117815 (Sub-No. 141) (Amend­ it be held at Minneapolis, Minn. U.S. Highway 281 to San Antonio, Tex., ment) , filed February 3, 1969, published No. MC 114632 (Sub-No. 18), filed Feb­ and thence along U.S. Highway 87 to the F ederal R egister issue of February 20, ruary 13,1969. Applicant: APPLE LINES, Gulf of Mexico. If a hearing is deemed 1969, amended February 11, 1969, and INC., 225 South Van Epps, Madison, S. necessary, applicant requests it be held republished as amended this issue. Appli­ Dak. 57042. Applicant’s representative: at Nashville, Tenn., or Birmingham, Ala. cant: PULLEY FREIGHT LINES, INC., Einar Viren, 904 City National Bank No. MC 116725 (Sub-No. 14), filed 405 Southeast 20th Street, Des Moines, Building, Omaha, Nebr. 68102. Authority February 14, 1969. Applicant: INDIANA Iowa 50317. Applicant’s representative: sought to operate as a common carrier, VALLEY ENTERPRISES, INC., 855 Ma­ William L. Fairbank, 610 Hubbell Build­ by motor vehicle, over irregular routes, ple Avenue, Harleysville, Pa. 19438. ing, Des Moines, Iowa 50309. Authority transporting: Meats, meat products, Applicant’s representative: John W. sought to operate as a common carrier, meat byproducts, and articles distributed Frame, Box 626, 2207 Old Gettysburg by motor vehicle, over irregular routes, by meat packinghouses as described in Road, Camp Hill, Pa. 17011. Authority transporting: (1) Meats, meat products, sections A and C of appendix I to the re­ sought to operate as a common carrier, meat byproducts, and articles distributed port in Descriptions in Motor Carrier by motor vehicle, over irregular routes, by meat packinghouses as described in Certificates, 61 M.C.C. 209 and 766 (ex­ transporting: Foodstuffs and dairy prod­ sections A and C of appendix I to the re­ cept hides and commodities in bulk), ucts (except in bulk, and except frozen port in Descriptions in Motor Carrier from Spencer, Iowa; Hartley, Iowa; and foods), between the plantsites of Keller’s Certificates, 61 M.C.C. 209 and 766 (ex­ Sioux Falls, S. Dak., to points in Kansas Creamery, Inc., Harleysville, Pa., and cept hides and commodities in bulk), and and Missouri. N ote: Applicant states it Franconia Township, Montgomery foodstuffs; (a) from the plantsite and does not intend to tack, and apparently County, Pa., on the one hand, and, on storage facilities of Geo. A. Hormel & C?- is willing to limit the proposed opera­ the other, points in Vermont. N ote : Ap­ at Austin, Minn., to points in Iowa, Ilf1' tion to. local service if warranted. Appli­ plicant states the authority sought under nois, Kansas, Michigan, Missouri, Ne­ cant holds contract carrier authority in the above commodity description shall braska, and Ohio; (b) from the plantsite

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5211 and storage facilities of Geo. A. Hormel ginia. N o t e : Applicant states no dupli­ states it does not intend to tack, and ap­ & Co. at Fremont, Nebr., to points in Illi­ cating authority is being sought. Appli­ parently is willing to limit the proposed nois, Indiana, Iowa, Michigan, and Ohio, cant further states it does not intend to operation to local service if warranted. and to Austin, Minn.; and (c) from tack, and apparently is willing to limit Common control may be involved. I f a Fort Dodge, Iowa, to points in Illinois, the proposed operation to local service hearing is deemed necessary, applicant Indiana, Iowa, Kansas, Michigan, Mis­ if warranted. I f a hearing is deemed requests it be held at Omaha, Nebr. souri, and Ohio, and to Austin, Minn.; necessary, applicant requests it be held No. MC 119531 (Sub-No. 109), filed and (2) Meats, meat products, meat by­ at Philadelphia, Pa. February 27, 1969. Applicant: DIECK- products and articles distributed by meat No. MC 119302 (Sub-No. 2), filed Feb­ BRADER EXPRESS, INC., 5391 Wooster packinghouses as described in, sections A ruary 3, 1969. Applicant: MILLER Road, Cincinnati, Ohio. Applicant’s rep­ and C of appendix I to the report in De­ TRANSFER AND RIGGING CO., a cor­ resentative: Charles W. Singer, 33 North scriptions in Motor Carrier Certificates, poration, Post Office Box 387, Clarion, Dearborn Street, Suite 1625, Chicago, 61 M.C.C. 209 and 766 (except hides and Pa. 16214. Applicant’s representative: A. HI. 60602. Authority sought to operate as commodities in bulk) ; (a) from Des David Millner, 744 Broad Street, New­ a common carrier, by motor vehicle, over Moines, Iowa, to points in Indiana, Iowa, ark, N.J. 07102. Authority sought to oper­ irregular routes, transporting: Contain­ Kansas, Michigan, Missouri, Nebraska, ate as a contract carrier, by motor vehi­ ers and accessories therefor, from Worth­ and Ohio; and (b) from the plantsite and cle, over irregular routes, transporting: ington, Ohio, to points in Illinois, In ­ storage facilities of Geo. A. Hormel & Co. Prepared and unprepared scrap, automo­ diana, Kentucky, Michigan, Pennsyl­ located at or near Algona, Iowa, to Fort bile bodies, smashed or unsmashed, in­ vania, and Wisconsin. N o te: Applicant Dodge, Iowa, and Austin, Minn. N o t e : dustrial scrap and rejected materials states that it does not intend to tack, The purpose of this republication is to used in the processing of scrap, between and apparently is willing to limit the broaden the scope of the authority points encompassing the entire States proposed* operation to local service if sought. Applicant states it does not in­ of Pennsylvania, Ohio, Indiana, Illinois; warranted. I f a hearing is deemed neces­ tend to tack, and apparently is willing to that portion of New York on and west of sary,' applicant requests it be held at limit the proposed operation to local a line beginning at Oswego and bearing Chicago, HI., or Washington, D.C. service if warranted. I f a hearing is southeasterly on Route 57 to Syracuse, No. MC 119539 (Sub-No. 10), filed Feb­ deemed necessary, applicant requests it thence in a southerly direction along ruary 24, 1969. Applicant: BEVERAGE be held at Des Moines, Iowa. U.S. Highway 11 to the New York- TRANSPORT, INC., East Bloomfield, No. MC 117815 (Sub-No. 142), filed Pennsylvania State line; that portion of N.Y. Applicant’s representative: Ray­ February 24, 1969. Applicant: PULLEY Maryland on and north of U.S. Highway mond A. Richards, 23 West Main Street, FREIGHT LINES, INC., 405 Southeast 40 between the Delaware-Maryland Webster, N.Y. 14580. Authority sought to State line and Baltimore, Md., and west 20th Street, Des Moines, Iowa 50317. Ap­ operate as a common carrier, by motor of Chesapeake Bay; that portion of West plicant’s representative: William L. Fair- vehicle, over irregular routes, transport­ Virginia on and north of highways com­ bank, 610 Hubbell Building, Des Moines, ing: Foodstuffs (except frozen foods and Iowa 50309. Authority sought to operate mencing at the Maryland-West Virginia State line and bearing westerly along commodities in bulk) and such incidental as a common carrier, by motor vehicle, as are used in the U.S. Highway 219 to junction U.S. High­ materials and supplies over irregular routes, transporting: distribution and sale of such foodstuffs, Canned goods and groceries, from Des way 33, thence along U.S. Highway 33 to junction with U.S. Highway 119 and including incidental nursery accessories, Moines, Iowa, to points in Michigan. from points in Erie, Genesee, Livingston, N ote: Applicant states it does not intend West Virginia Highway 4, thence along West Virginia Highway 40 to junction Monroe, Niagara, Onondaga, Ontario, to tack, and apparently is willing to limit Orleans, Seneca, Wayne, and Yates the proposed operation to local service with U.S. Highway 60, thence along U.S. Highway 60 to the West Virginia-Ohio Counties, N.Y., to points in Connecticut, if warranted. If a hearing is deemed nec­ Maine, Massachusetts, New Hampshire, essary, applicant requests it be held at State line; and that portion of Michigan on and south of Michigan Highway 46. Rhode Island, and Vermont. N ote ^ A p ­ Des Moines, Iowa. plicant states it does not intend to tack, No. MC 118292 (Sub-No. 18), filed Feb­ Restriction: The operations authorized herein are limited to a transportation and apparently is willing to limit the pro­ ruary 18,1969. Applicant: BALLENTINE posed operation to local service if war­ PRODUCE, INC., Post Office Box 312, service to be performed, under a con­ tinuing contract, or contracts, with Luria ranted. I f a hearing is deemed necessary, Alma, Ark. 72921. Applicant’s represent­ applicant requests it be held at Roches­ ative: Lester M. Bridgeman, 1000 Wood­ Brothers & Co., Inc., of Cleveland, Ohio. N ote: Applicant has common carrier ter or Buffalo, N.Y. ward Building, Washington, D.C. 20005. No. MC 119778 (Sub-No. 120), filed Authority sought to operate as a common authority in MC 87103, therefore dual operations may be involved. Applicant February 13, 1969. Applicant: RED­ carrier, by motor vehicle, over irregular W ING CARRIERS, INC., Post Office Box routes, transporting: Baby foods and states that it is willing to accept re­ striction in its certificate against service 34, Powderly Station, Birmingham, Ala. baby supplies, from Fort Smith, Ark.', to 35221. Applicant’s representative: J. V. points in Iowa, Nebraska, and South Da­ to Luria Brothers & Co., Inc. If a hear­ ing is deemed necessary, applicant re­ McCoy, Post Office Box 426, Tampa, Fla. kota, restricted to traffic originating at quests it be held at Cleveland, Ohio, or 33601. Authority sought to operate as a Fort Smith, Ark. N o te: Applicant states Washington, D.C. common carrier, by motor vehicle, over it does not intend to tack and apparently No. MC 119489 (Sub-No. 22), filed Feb­ irregular routes, transporting: Liquid is willing to limit the proposed operation sugar and blends of liquid sugar, in bulk, to local service if warranted. I f a hearing ruary 6, 1969. Applicant: PAUL ABLER, doing business as CENTRAL TRANS­ in tank vehicles, from points in Jefferson is deemed necessary, applicant requests County, Ala., to points in Georgia on and it be held at Little Rock, Ark., or Wash­ PO RT COMPANY, Post Office Box 596, ington, D.C. Norfolk, Nebr. 68701. Applicant’s rep­ west of U.S. Highway 129, and points in that part of Tennessee on and west of a No. MC 118936 (Sub-No. 1), filed Feb- resentative: J. Max Harding, 605 South 14th Street, Post Office Box 2028, Lin­ line beginning at the Georgia-Tennessee S T 24, 1969- Applicant: JAMES A ^ARiNARi AND JOSEPH A. MARI- coln, Nebr. 68501. Authority sought to State line and extending along U.S. Highway 11 to Knoxville, Tenn., thence r*—“-» a Partnership, doing business aj operate as a common carrier, by motor MARINARI BROTHERS, 9 Colwell Lane vehicle, over irregular routes, transport­ along U.S. Highway 25W to the Tennes- Lonshohocken, Pa. 19428. Applicant’! ing: Anhydrous ammonia, urea, fertil­ see-Kentucky State line and east of representative: Richard V. Zug, Hart! izer, and fertilizer ingredients, from the Tennessee Highway 13. N o te : Applicant ane, Miquon, Pa. Authority sought U plantsite or warehouse facilities of states that it does not intend to tack, Agrico Chemical Co., located at or near and apparently is willing to limit the pro­ v ^ i6 8,8 a common carrier, by moto: posed operation to local service if war­ : ~ 7Coe ’ °ver irregular routes, transport- Blair, Nebr., to points in Colorado, Kan­ g . Scrap metals and other scrap mate• sas, Illinois, Indiana, Iowa, Michigan, ranted. Common control may be involved. now m connection therewith, betweer Minnesota, Missouri, Montana, Nebras­ I f a hearing is deemed necessary, appli­ points in New York, New Jersey, Penn­ ka, North Dakota, South Dakota, Wis­ cant requests it be held at Birmingham, sylvania, Delaware, Maryland, and Vir­ consin, and Wyoming. N o t e : Applicant Ala., or Washington, D.C.

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 No. 49---- g 5212 NOTICES

No. MC 119895 (Sub-No. 16) (Correc­ from Lincoln over U.S. Highway 77 to Georgia, Illinois, Indiana, Iowa, Kansas, tion) , filed November 18, 1968, published Wahoo, Nebr., thence over Nebraska Kentucky, Louisiana, Maine, Maryland, in F ederal R egister issues of December Highway 92 to Omaha, and return over Massachusetts, Michigan, Minnesota, 12, 1968, and January 16, 1969, and re­ the same route, serving all intermediate Mississippi, Missouri, Montana, Ne­ published as corrected this issue. Appli­ points, and the off-route points of Cedar braska, New Hampshire, New Jersey, cant: IN TERC ITY EXPRESS, INC., Post Bluffs, Colon, and Davey, Nebr.; (2) from New Mexico, New York, North Carolina, Office Box 1055, Fort Dodge, Iowa 50501. Lincoln over U.S. Highway 77 to junction North Dakota, Ohio, Oklahoma, Pennsyl­ Applicant’s representative: William A. with Nebraska Highway 63, thence over vania, Rhode Island, South Carolina, Landau, 1451 East Grand Avenue, Des Nebraska Highway 63 to point approxi­ South Dakota, Tennessee, Texas, Ver­ Moines, Iowa 50306. Authority sought to mately 3 miles of State Spur 263, thence mont, Virginia, West Virginia, Wisconsin, operate as a common carrier, by motor over county road north to Nebraska Wyoming, and the District of Columbia. vehicle, over irregular routes, transport­ Highway 92 at Mead, Nebr., thence over N o te : Applicant holds contract carrier ing: Meats, meat products, and meat by­ Nebraska Highway 92 to Omaha, and authority under MC 117504 (Sub-No. 1), products, and articles distributed by return over the same route, serving all therefore dual operations may be in­ meat packinghouses as described in sec­ intermediate points, and the off-route volved. The purpose of this republication tion A and C of Appendix I to the report points of Ithaca, Nebr., and the Old Ne­ is to more clearly set forth the commodity in Descriptions in Motor Carrier Certifi­ braska Ordnance Plant, Nebr.; (3) from description. If a hearing is deemed nec­ cates, 61 M.C.C. 209 and 766 (except Lincoln over Nebraska Highway 79 to essary, applicant requests it be held at commodities in bulk and except hides) ; junction with U.S. Highway 30A, Atlanta, Albany, or Columbus, Ga. (1) from Austin, Minn., to Milan, 111., thence over U.S. Highway 30A to Wahoo, No. MC 125650 (Sub-No. 4), filed Feb­ Lincoln, Nebr., and points in Iowa; (2) thence over Nebraska Highway 92 to ruary 9, 1969. Applicant: MOUNTAIN from Des Moines, Iowa, to Lincoln, Nebr., Omaha, and return over the same route, PACIFIC TRUCKING CORPORATION, and Detroit, Mich.; (3) from Fort Dodge, serving all intermediate points, and the 910 Dickens Street, Missoula, Mont. Iowa, to Lincoln, Nebr., and points in off-route points of Raymond, Malcolm, 59801. Applicant’s representative: Joseph Illinois, Iowa, and Missouri; and (4) be­ Malmo, and Weston, Nebr.; and (4) O. Earp, 607 Third Avenue, Seattle, tween Omaha, Nebr., on the one hand, from Lincoln over ~ U .S . Highway 6 to Wash. 98104. Authority sought to oper­ and on the other, Fort Dodge, Iowa, and junction Nebraska Highway 31, thence ate as a common carrier^ by motor ve­ Austin and Owatorma, Minn. Restric­ over Nebraska Highway 31 to junction hicle, over irregular routes, transporting: tion: Service in parts (1), (2), and (4) Interstate Highway 86, thence over In­ (1) Meats, meat products, and meat by­ above is restricted to traffic originating terstate Highway 80 to Omaha, and re­ products, and dairy products, as de­ at plantsites and/or warehouse facilities turn over the same route, serving the scribed in sections A and B of appendix of Geo. A. Hormel & Co., and I. D. Pack­ intermediate point of Ashland, Nebr. 1 to the report in Descriptions in Motor ing Co. and destined to the points and N o t e : The purpose of this republication Carrier Certificates, 61 M.C.C. 209 and States specified. N o t e : The purpose of is to show that applicant requests reg­ 766, and fish in vehicles equipped with this republication is to delete part (3) in ular routes in lieu of irregular routes as mechanical refrigeration, from points in the restriction. If a hearing is deemed shown in previous publication. If a hear­ King, Lewis, Thurston, and Pierce Coun­ necessary, applicant requests it be held ing is deemed necessary, applicant re­ ties, Wash., to Great Falls, Kalispell, at Des Moines, Iowa. quests it be held at Lincoln, Nebr. Billings, Helena, Glasgow, Glendive, No. MC 119903 (Sub-No. 9), filed Feb­ No. MC 124078 (Sub-No. 362), filed Havre, and Miles City, Mont., (2) fresh ruary 19, 1969. Applicant: D. J. WAL- February 20, 1969. Applicant: SCHWER- fruits, berries, and vegetables, and frozen RAVEN, 2713 Maple Drive, Rome, Ga. MAN TRUCKING CO., a corporation, 611 foods, except ice cream, in vehicles 30161. Applicant’s representatives: Alan South 28th Street, Milwaukee, Wis. 53246. equipped with mechanical refrigera­ E. Serby and Paul M. Danieli, 1600 First Applicant’s representative: James R. tion, from Milton-Freewater, Weston Federal Building, Atlanta, Ga. 30303. Ziperski (same address as above). Au­ McMinnville, and Portland, Oreg., and Authority sought to operate as a con­ thority sought to operate as a common Seattle, Kent, Arlington, Auburn, tract carrier, by motor vehicle, over carrier, by motor vehicle, over irregular Tacoma, Olympia, Centralia, Chehalis, irregular routes, transporting:, (1) Fer­ routes, transporting: Sand, in bulk, from Wenatchee, Yakima, Warden, Othello, tilizer, in bulk or in bags, from Hance- the plantsite of the Jenkins Silica Sand Grandview, Prosser, Kennewick, Zillah, ville, Ala., to points in that part of Geor-_ Co., at or near Pound, Va., to points in and Spokane, Wash., to Great Falls, gia on and north of the south and east Kentucky, Tennessee, and West Virginia. Kalispell, Billings, Helena, Glagow, Glen­ line of Troup, Coweta, Spalding, Butts, N o t e : Applicant states that tacking dive, Havre, and Miles City, Mont.; (3) Jasper, and Putnam Counties, and on could take place at Sewanee, Tenn., in frozen mink food, in- sacks, in vehicles and west of U.S. Highway 441 ; and points conjunction with its present authority equipped with mechanical refrigeration in Knox, Blount, Sevier, and Anderson in MC 124078 Sub 51, to serve points in from Edmonds, Wash., to points in Idaho Counties, Tenn.; and (2) fertilizer and Alabama, Mississippi, and Tennessee. If and Montana; and (4) cheese, butter, fertilizer materials, in bags and in bulk, a hearing is deemed necessary, applicant and eggs, in vehicles equipped with me­ from Tyler, Tenn., to points in Alabama, requests it be held at Nashville, Tenn., chanical refrigeration, from Bozeman, under a continuing contract, or con­ or Chicago, HI. Mont., to Seattle, Wash. Note: Applicant tracts, with Cotton Producers Association No. MG 124154 (Sub-No. 26) (Amend­ states it does not intend to tack, and ap­ of Atlanta, Ga., and its affiliates. N o te : ment) , filed December 30,1968, published parently is willing to limit the proposed I f a hearing is deemed necessary, appli­ in the F ederal R egister issue of Janu­ operation to local service if warranted. cant requests it be held at Atlanta, Ga. ary 24,1969, and republished as amended, No duplicating authority is being sought. No. MC 121561 (Sub-No. 2) (Amend­ this issue. Applicant: WINGATE I f a hearing is deemed necessary, appli* ment), filed July 31, 1968, published TRUCKING COMPANY, INC., Post Of­ cant requests it be held at Seattle, Wash. F ederal R egister, issue of September 6, fice Box 645, Albany, Ga. 31702. Appli­ No. MC 125708 (Sub-No. 106), filed 1968, amended January 31, 1969, and cant’s representative: Monty Schu­ February 10, 1969. Applicant: HUGH republished as amended this issue. Appli­ macher, Suite 310, 2045 Peachtree Road MAJOR, 150 Sinclair Avenue, South cant: DONALD E. MILLER AND NE., Atlanta, Ga. 30309. Authority Roxanna, 111. 62087. Authority sought to NORMA H. MILLER, a partnership, do­ sought to operate as a common car­ operate as a common carrier, by motor ing business as MILLER TRANSFER, rier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ Box 217, Ceresco, Nebr. 68107. Appli­ routes, transporting: Iron and steel ing: Grain Products, dry, in containers; cant’s representatives: Con M. Keating pipe, conduit, and fittings, and attach­ (1) between Winona, and Red Wing. and A. James McArthur, 303 Lincoln ments of aluminum and plastic pipe, Minn., on the one hand, and, on the Building, Lincoln, Nebr. 68508. Authority conduit, and fittings, and combinations other, Leavenworth, Kans.; and (2) sought to operate as a common carrier, of metallic and plastic materials, from from Winona and Red Wing, Minn., ana by motor vehicle, over regular routes, the plantsite of Jackson Tubing & Con­ Leavenworth, Kans., to points transporting: General commodities (ex­ duit Corp. located in Early County, Ga., Arkansas, Florida, Georgia, Indiana, Hn* cept those requiring special equipment), to points irr Alabama, Arkansas, Colo­ nois, Kentucky, Louisiana, Michigan, between Lincoln and Omaha, Nebr.; (1) rado, Connecticut, Delaware, Florida, Mississippi, Missouri, Ohio, Tennessee,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5213

and Wisconsin. N o te: Applicant states Jack B. Josselson, 700 Atlas Bank Build­ FREIGHT TRUCKING COMPANY, it does not intend to tack, and appar­ ing, Cincinnati, Ohio 45202. Authority INC., 812 Greene Street, Cumberland, ently is willing to limit the proposed sought to operate as a contract carrier, Md. 21502. Applicant’s representatives: operation to local service if warranted. by motor vehicle, over irregular routes, James W. Rexrode (same address as If a hearing is deemed necessary, appli­ transporting: XJncrated caskets, casket applicant), also Earl E. Manges, 120 cant requests it be held at Washington, displays, funeral supplies, and crated South Liberty Street, Post Office Box 833, D.C., or Boston, Mass. caskets when moving with uncrated cas­ Cumberland, Md. Authority sought to No. MC 125708 (Sub-No. 107),,filed kets; (1) from Lodi, N.J., to points in operate as a common carrier, by motor February 12, 1969. Applicant: HUGH the United States (except Alaska and vehicle, over irregular routes, transport­ MAJOR, 150 Sinclair Avenue, South H awaii), under continuing contracts ing: Salt, sand, and gravel in bulk, from Roxana, 111. 62087. Authority sought to with Bridge Casket Co., Inc.; and (2) Frostburg, Md., to points in Mineral operate as a common carrier, by motor from Columbus, Ohio, to points in the County and Hampshire County, W. Va. vehicle, over irregular routes, transport­ United States (except Alaska and Ha­ N o te: Applicant indicates tacking in­ ing: Metal display cases, and supplies waii), under continuing contracts with tentions with its presently held authority and equipment used in or in connection Boyertown Burial Casket Co., and re­ in MC 127623 (Sub-No. 2), wherein it with the operation of wholesale and re­ turned shipments of the above-named transports salt, from Frostburg, Md., to tail stores, from Middlebury, Ind., to commodities from the above-named des­ points in Washington, Allegany, and points in the United States (except tination points to the above-named ori­ Garrett Counties, Md. I f a hearing is Alaska and Hawaii). N ote : Applicant gin points. N o te: Common control may deemed necessary, applicant requests it states it does not intend to tack, and be involved. I f a hearing is deemed neces­ be held at Washington, D.C., or Wheel­ apparently is willing to limit the pro­ sary, applicant requests it be held at ing, W. Va. posed operation to local service if war­ Washington, D.C. No. MC 127898 (Sub-No. 3), filed Feb­ ranted. If a hearing is deemed necessary, No. MC 127099 (Sub-No. 7) (Amend­ ruary 9, 1969. Applicant: DIRECT AIR applicant requests it be held at Wash­ ment) , filed January 21, 1969, published FREIGHT CORPORATION, Bradley In­ ington, D.C. in the F ederal R egister issue of Febru­ ternational Airport, Windsor Locks, No. MC 125777 (Sub-No. 127), filed ary 6, 1969, and republished as amended Conn. Applicant’s representative: Reu- February 13, 1969, Applicant: JACK this issue. Applicant: ROBERT NEFF & bin Kaminsky, 410 Asylum Street, Hart­ GRAY TRANSPORT, INC., 4600 East SONS, INC., 132 Shawnee Avenue, Post ford, Conn. 06103. Authority sought to 15th Avenue, Gary, Ind. 46403. Appli­ Office Box 2015, Zanesville, Ohio 43701. operate as a common carrier, by motor cant’s representative: Carl L. Steiner, 39 Applicant’s representative: James R. vehicle, over irregular routes, transport­ South La Salle Street, Chicago, 111. Stiverson, 50 West Broad Street, ing: General commodities (except those 60603. Authority sought to operate as a Columbus, Ohio 43215. Authority sought of unusual value, classes A and B explo­ common carrier, by motor vehicle, over to operate as a contract carrier, sives, household goods as defined by the irregular routes, transporting: (1) Pig by motor vehicle, over irregular routes, Commission, commodities in bulk, com­ iron, from Palmerton, Pa., to points in transporting: (1) Benches, lumber, modities requiring special equipment), Illinois, Indiana, Michigan, and Ohio; cabinets, shelving, chairs, tables, and between Bradley International Airport, (2) stone and stone products, from Pen- metal and woodworking machinery, for Windsor Locks, Conn., on the one hand, ton, Mo.; Mount Airy, N.C., and points use in schools and institutions, and re­ and, on the other, Albany, N.Y., Logan in Marlboro County, S.C., to points in lated parts and accessories for the in­ Airport, Boston, Mass.; and points in Michigan and Ohio north of U.S. High­ stallation thereof, from Malta Town­ Berkshire County, Mass, (except North way 40; (3) stone and stone products, ship, Morgan County, Ohio, to points in Adams and Williamstown, Mass.), re­ from Blue Ridge, Ga.t and Staley, N.C. the United States on and east of U.S. stricted to traffic having an immediately to points in Connecticut, Illinois, Indi­ Highway 85; and (2) materials and sup­ prior or subsequent movement by air. ana, Iowa, Maryland, Massachusetts, plies (except in bulk), used in the manu­ N ote : Applicant states it does not intend Michigan, New Jersey, New York, Ohio, facture of the above-named commodities, to tack, and apparently is willing to limit Pennsylvania, Rhode Island, West Vir­ from the above-named destination States the proposed operation to local service ginia, and Wisconsin; and (4) ferro al­ to Malta Township, Morgan County, if warranted. If a hearing is deemed nec­ loys, in bulk, from Chicago, 111., to points Ohio, on return, under a continuing con­ essary, applicant requests it be held at in Wisconsin. N ote: Applicant states tract, or contracts with Brodhead-Gar- Hartford, Conn., or Springfield, Mass. that it does not intend to tack, and ap­ rett Co., and its subsidiaries. N ote: The No. MC 128205 (Sub-No. 10), filed parently is willing to limit the proposed purpose of this republication is to more February 19, 1969. Applicant: BULK- operation to a local service if warranted. clearly set forth the commodity descrip­ MATIC TRANSPORT COMPANY, a cor­ If a hearing is deemed necessary, appli­ tion and the territorial scope of the poration, 4141 North George Street, cant requests it be held at Chicago, 111. application by adding (2) above. I f a Schiller Park, 111. Applicant’s representa­ No. MC 126736 (Sub-No. 57), filed hearing is deemed necessary, applicant tive : Irving Stillerman, 29 South La Salle February 17, 1969. Applicant: PETRO­ requests it be held at Columbus, Ohio. Street, Chicago, 111. 60603. Authority LEUM CARRIER CORPORATION OP No. MC 127253 (Sub-No. 45), filed sought to operate as a common carrier, FLORIDA, Post Office Box 5809, Jack­ February 19,1969. Applicant: R. A. COR­ by motor vehicle, over irregular routes, sonville, Fla. 32207. Applicant’s repre­ BETT TRANSPORT, INC., Ill West transporting: Salt, in bulk, in pneumatic sentative: Martin Sack, Jr., 1754 Gulf Laurel Street, Lufkin, Tex. 75901. Appli­ tank vehicles, from Manistee, Port Life Tower, 1301 Gulf Life Drive, Jack­ cant’s representatives: Ewell H. Muse, Huron, and St. Clair, Mich., to points in sonville, Fla. 32207. Authority sought to Jr., 415 Perry-Brooks Building, Austin, Illinois, Indiana, and Wisconsin. N o te: operate as a common carrier, by motor Tex. 78701, and C. Wade Shemwell, Post Applicant states that it does not intend vehicle, over irregular routes, transport­ Office Box 728, Waskom, Tex. 75692. Au­ to tack, and apparently is willing to limit ing: Petroleum products, in bulk, in tank thority sought to operate as a common the proposed operation to local service vehicles, from Orlando, Fla., to North carrier, by motor vehicle, over irregular if warranted. I f a hearing is deemed nec­ Charleston, S.C. N ote: Applicant states routes, transporting: Liquid livestock essary, applicant requests it be held at it does not intend to tack, and apparently feed, from Houston, Tex. (Galena Park ), Chicago, 111. is willing to limit the proposed operation to points in Louisiana, Arkansas, Mis­ No. MC 128285 (Sub-No. 2), filed Feb­ . local service if warranted. If a hearing souri, Oklahoma, Kansas, Nebraska, Col­ ruary 17, 1969. Applicant: MELLOW is deemed necessary, applicant requests orado, New Mexico, and Arizona. N o te: EQUIPMENT CO., INC., 9001 North jljj be held at Orlando or Jacksonville, Applicant states that it does not intend Denver, Post Office Box 17063, Portland, to tack, and apparently is willing- to limit Oreg. 97217. Applicant’s representative: No. MC 126835 (Sub-No. 20), filed the proposed operation to local service Earle V. White, 2400 Southwest Fourth 17, 1969. Applicant: EDGAR if warranted. If a hearing is deemed nec­ Avenue, Portland, Oreg. 97201. Author­ £to£5OFF> doing business as CASKET essary, applicant requests it be held at ity sought to operate as a contract car­ DISTRIBUTORS, Rural Route 2, West Houston or Dallas, Tex., or Tulsa, Okla. rier, by motor vehicle, over irregular rvM ¿)I1 ’ *nd-> Post Office Harrison, No. MC 127623 (Sub-No. 5), filed Feb­ routes, transporting: (1) Prefabricated nio 45030. Applicant’s representative: ruary 6, 1969. Applicant: R & R wooden buildings, cabinets, and doors,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5214 NOTICES from Longview, Wash., to points in Plate, Inc., at Deerfield, 111., under con­ Mass. Applicant’s representative: Washington, Oregon, California, Nevada, tract with Penny Plate, Inc. N ote: Ap­ Thomas W. Murrett, 410 Asylum Street, Idaho, and Montana; and (2) lumber, plicant states that no duplicating Hartford, Conn. 06103. Authority sought particle board, chip board, fiberboard, authority is being sought. I f a hearing to operate as a common carrier, by motor and hardboard (except gypsum board, is deemed necessary, applicant requests vehicle, over irregular routes, transport­ paper board and pulp board), from it be held at Philadelphia, Pa., or ing: General commodities, between points in Washington, Oregon, Cali­ Washington, D.C. points in Berkshire County, Mass., on fornia, and Idaho to Longview, Wash., No. MC 128940 (Sub-No. 7), filed the one hand, and, on the other, Bradley under contract with Westway Building February 24,1969. Applicant: RICHARD Field, Windsor Locks, Conn., limited to Center, Inc. N ote: Common control and A. CRAWFORD, doing business as R. A. shipments having an immediately prior dual operations may be involved. I f a CRAWFORD TRUCKING SERVICE, or subsequent movement by air. N ote: hearing is deemed necessary, applicant 9327 Riggs Road, Post Office Box 722, Applicant states it does not intend to requests it be held at Portland, Oreg. Adelphi, Md. Applicant’s representative: tack, and apparently is willing to limit No. MC 128319 (Sub-No. 1), filed Feb­ Charles E. Creager, Post Office Box 3582, the proposed operation to local service ruary 10, 1969. Applicant: DOWDA MO­ Baltimore, Md. 21214. Authority sought if warranted. I f a hearing is deemed TOR FREIGHT, INC., Route 2, Box 204, to operate as a contract carrier, by necessary, applicant requests it be held Centre, Ala. 35960. Applicant’s represent­ motor vehicle, over irregular routes, at Pittsfield, Mass., or Hartford, Conn. ative: A1 Shumaker, 190 East Main transporting: Foods and food products, No. MC 133150 (Sub-No. 1), filed Street, Centre, Ala. 35960. Authority related advertising materials, and equip­ February 10, 1969. Applicant: JAMES sought to operate as a common carrier, ment used in the preparation and serving INNACO, 1963 East Main Street, Bridge­ by motor vehicle, over regular routes, of foods in restaurants or commissaries; port, Conn. Applicant’s representative: transporting: General commodities with (1) from Washington, D.C., to points in John E. Fay, 79 Lafayette Street, Hart­ the exception of household goods, classes Livingston, Macomb, Monroe, Oakland, ford, Conn. 06106. Authority sought to A and B .explosives and freight requiring Washtenwa, and Wayne Counties, Mich.; opérate as a common carrier, by motor special equipment, between Centre, Ala., (2) from Chicago, 111., to Washington, vehicle, over regular routes, transport­ and Atlanta, Ga.: From Centre, Ala., to D.C.; (3) from Detroit, Mich., to Wash­ ing: General commodities, between New the Alabama-Georgia line over Alabama ington, D.C.; and (4) from Cleveland, Haven and Greenwich, Conn., over U.S. Highway 9, thence over Georgia High­ Ohio, to Washington, D.C., -under con­ Highway 1 and also Interstate Highways way 20 to Rome, Ga., thence over U.S. tract with Fairfield Farms Kitchens. 95 and 91, serving intermediate and off- Highway 411 to Cartersville, Ga., thence N ote: I f a hearing is deemed necessary, route points of New Haven, East Haven, over U.S. Highway 41 to Marietta, Ga., applicant requests it be held at Wash­ West Haven, Hamden, Milford, Stratford, thence over Interstate Highway 75 to ington, D.C. Bridgeport, Trumbull, Fairfield, West- Atlanta, Ga., and return over the same No. MC 129729 (Sub-No. 1), filed Feb­ port, Norwalk, Darien, Stamford, and route, serving no intermediate points. ruary 10, 1969. Applicant: FRANCIS J. Greenwich. N ote : This application seeks N ote : Common control may be involved. BEAROFF, INC., Box 195, Swedeland to acquire the registration of a certificate I f a hearing is deemed necessary, appli­ Road, King of Prussia, Pa. 19406. Appli­ of Skyline Transport, Inc., which was cant requests it be held at Atlanta, Ga., cant’s representative: Raymond A. This­ held under MC 96824 (Sub-No. 1) and the or Birmingham, Ala. tle, Jr., Suite 1710, 1500 Walnut Street, underlying Certificate C-345 issued to No. MC 128735 (Sub-No. 4), filed Philadelphia, Pa. 19102. Authority sought Skyline Transport, Inc., by the Public February 24, 1969. Applicant: ALVIN E. to operate as a common carrier, by motor Utilities Commission of the State of GOLNIK, doing business as GOLNIK vehicle, over irregular routes, transport­ Connecticut. A letter of authority re­ TRUCKING, 731 Second Avenue, Kop- ing: Brick, from Perkiomen Junction, quests the cancellation of the Skyline pel, Pa. 16136. Applicant’s representa­ Schuylkill Township, near Phoenixville, certificate in the event the Commission tive: Arthur J. Diskin, 806 Frick Pa., to points in New Jersey, New York, approves this application. If a hearing Building, Pittsburgh, Pa, 15219. Author­ Delaware, Maryland, District of Colum­ is deemed necessary, applicant requests ity sought to operate as a contract car­ bia, Connecticut, Massachusetts, and it be held at Hartford, Conn., or New rier, by motor vehicle, over irregular Fairfax County, Va. N ote: Applicant York, N.Y. states it does not intend to tack, and ap­ routes, transporting: (1) Fabricated No. MC 133252 (Sub-No. 2) (Correc­ parently is willing to limit the proposed metal products, from the plantsite of tion) , filed January 21,1969, published in Ellwood City Iron & Wire Co., at Ellwood operation to local service if warranted. I f a hearing is deemed necessary, appli­ the F ederal R egister issue of Febru­ City, Pa., to points in North Dakota, ary 27, 1969, and republished as corr South Dakota, Nebraska, Kansas, Okla­ cant requests it be held at Philadelphia, Pa., or Washington, D.C. rected this issue. Applicant: MIDWEST homa, Texas, Louisiana, Arkansas, Mis­ GROWERS COOPERATIVE CORPO­ souri, Mississippi, Alabama, South No. MC 133034 (Sub-No. 2), filed Feb­ ruary 17, 1969. Applicant: ANDREW J. RATION, 7236 East Slauson Avenue, Los Carolina, Georgia, and Florida; and (2) Angeles, Calif. 90022. Applicant’s repre­ materials used in the manufacture of .DAVIDSON, doing business as DAVID­ SON TRUCKING, 3026 Southeast 112th sentatives: Laurence A. Short, 1824 R fabricated metal products, from points in Street NW., Washington, D.C. 20009, and the aforesaid States, to the plantsite of Avenue, Portland, Oreg. 97266. Authority sought to operate as a contract^ carrier, J. Donald Kenny, 930 Alcoa Building, 1 Ellwood City Iron & Wire Co., at Ell­ Maritime Plaza, San Francisco, Cain. wood City, Pa.; under contract with Ell­ by motor vehicle, over irregular routes, transporting: Lumber; (1) between 94111. Authority sought to operate as a wood City Iron & Wire Co. N ote: I f a common carrier, by motor vehicle, over hearing is deemed necessary, applicant points in Washington, west of the Cas­ cade Range and Klickatat County, Wash., irregular routes, transporting: General requests it be held at Washington, D.C., commodities (except those of unusual or Pittsburgh, Pa. on the one hand, and, on the other, points in Oregon; (2) between points in value, classes A and B explosives, house­ No. MC 128866 (Sub-No. 7), filed hold goods as defined by the Commission, February 17, 1969. Applicant: B & B Oregon restricted to traffic having a prior or subsequent movement by water; and commodities in bulk, and those requiring TRUCKING, INC., 9 Brade Lane, Post special equipment), between points in Office Box 128, Cherry Hill, N.J., 08034. (3) between points in Washington re­ stricted to traffic having a prior or sub­ Arizona, California, Nevada, Oregon, Applicant’s representative: Daniel L. Utah, and Washington, on the one hana O’Connor, Federal Bar Building, 1815 H sequent movement by water, under con­ tract with Whipple & Moshofsky Lumber and, on the other, points in Georgia, Iin* Street NW., Washington, D.C. 20006. nois, Indiana, Kentucky, Michigan, New Authority sought to operate as a contract Co. N ote: I f a hearing is deemed neces­ sary, applicant requests it be held at Jersey, New York, North Carolina,, onw, carrier, by motor vehicle, over irregular Pennsylvania, Tennessee, and Virgin*’ routes, transporting: (1) Aluminum foil Portland, Oreg. No. MC 133056 (Sub-No. 2), filed restricted to traffic moving on Govern­ and sheet, from Davenport, Iowa, to the ment bills of lading. N ote: The Pur£°~ plantsites of Penny Plate, Inc., at Cherry February 14, 1969. Applicant: EXECU­ TIVE-YANKEE AIRLINES, INC., doing of this republication is to add the abo Hill, N.J., and Searcy, Ark.; and (2) restriction which was previously omitt aluminum food containers, from Cherry business as YANKEE AIR FREIGHT Hill, N.J., to the warehouse site of Penny SYSTEM, Pittsfield Airport, Pittsfield, from the publication. I f a hearing

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5215 deemed necessary, applicant requests it to local service if warranted. I f a hear­ south on Pennsylvania Highway 75 to its be held at Washington, D.C. ing is deemed necessary, applicant re­ junction with U.S. Highway 30, thence No. MC 133294 (Sub-No. 2), filed Feb­ quests it be held at Tampa or Miami, west along U.S. Highway 30 to McCon- ruary 19, 1969. Applicant: ECONO-LINE Fla. nellsburg, Pa., thence south on U.S. EXPRESS, INC., 70 North Montgomery No. MC 133366 (Sub-No. 2), filed Highway 522 through Culpeper, Va., to Street, San Jose, Calif. 95110. Applicant’s February 17, 1969. Applicant: MILLER its junction with Virginia Highway 3; representative: John G. Lyons, 1418 Mills TRUCKING, INC., 11318 Pressburg thence southeasterly on Virginia High­ Tower, San Francisco, Calif. 94104. Au­ Street, Post Office Box 26116, New Or­ way 3 to Fredericksburg, Va.; thence thority sought to operate as a common leans, La. 70126. Applicant’s representa­ southeasterly on U.S. Highway 17 to carrier, by motor vehicle, over irregular tive: Harold R. Ainsworth, 2307 Gloucester Point, Va.; thence across the routes, transporting: General commod­ American Bank Building, New Orleans, Chesapeake Bay to Cape Charles, Va., ities (except commodities in bulk and La. 70130. Authority sought to operate including points on the above-described commodities requiring the use of special as a contract carrier, by motor vehicle, lines and highway, under a continuing equipment), between San Francisco In­ over irregular routes, transporting: contract, or contracts, with Acme Mar­ ternational Airport, South San Fran­ Canned and peserved foodstuffs, mar­ kets, Inc., of Philadelphia, Pa. Note: If cisco, Calif., on the one hand, and, on garine, mayonnaise, cooking oils, short­ a hearing is deemed necessary, applicant the other, points in Alameda, San Mateo, ening, coffee, and matches', (1) from requests it be held at Washington, D.C. and Santa Clara Counties, Calif., re­ New Orleans, La., to points in Louisiana, No. MC 133461, filed February 7, 1969. stricted (1) to shipments having an im­ Mississippi, Alabama, Arkansas, Flor­ Applicant: TRANSCOTT TRUCKING, mediately prior or subsequent movement ida, Texas; and Memphis, Tenn.; (2) INC., 350 Weymore Road, Winter Park, by air; and (2) to shipments weighing from Memphis, Tenn., and Biloxi, Miss., Fla. 32789. Applicant’s representative: not in excess of 5,000 pounds. N ote: Ap­ to New Orleans, La.; and equipment, J. B. Rodgers, Jr., 405 Metcalf Building, plicant states it does not intend to tack, materials, and ingredients used in the 100 South Orange Avenue, Orlando, Fla. and apparently is willing to limit the pro­ production of foodstuffs, except frozen 32801. Authority sought to operate as a posed operation to local service if war­ foods, and commodities in bulk, in tank contract carrier, by motor vehicle, over ranted. If a hearing is deemed necessary, vehicles, from points in the above- irregular routes, transporting: Cos­ applicant requests it be held at San named destination States in (1) above, metics in packages and containers as Francisco, Calif. and Memphis, Tenn., to New Orleans, is dealt in by cosmetic salesmen, deal­ No. MC 133296 (Sub-No. 2), filed Feb­ La., and Biloxi, Miss., for the account of ers, distributors, and processors and in ruary 4, 1969. Applicant: DRACHE Hunt-Wesson Foods, Inc., and affiliated connection therewith materials, supplies, TRUCK LINE, INC., Post Office Box 42, companies. N ote : I f a hearing is deemed equipment and fixtures used in the con­ Medford, Minn. 55049. Applicant’s repre­ necessary, applicant requests it be held duct of such business; (1) from Winter sentative: Robert E. Swanson, 1211 at New Orleans, La. Park, Fla., to points in Alabama, South Sixth Street, Stillwater, Minn. No. MC 133456, filed February 6, Georgia, Kentucky, Louisiana, Missis­ 55082. Authority sought to operate as a 1969. Applicant: STEPHEN C. JONES, sippi, New York, North Carolina, Ohio, contract carrier, by motor vehicle, over 10 Kellington Drive, Pasadena, Md. Ap­ Pennsylvania, South Carolina, Tennes­ irregular routes, transporting: Beer, plicant’s representative: V. Baker Smith, see, Texas, and Virginia; and (2) from from Monroe and Milwaukee, Wis., to 2107 The Fidelity Building, Philadelphia, Port Jervis, and Farmingdale, N.Y., Medford, Minn., under contract with Pa. 19109. Authority sought to operate Cedar Grove and Jersey City, N.J.; M il­ H. & S. Distributing Co., Medford, Minn. as a contract carrier, by motor vehicle, waukee, Wis.; Chicago, 111.; Shelbyville, Note: If a hearing is deemed necessary, over irregular routes, transporting: Such Tenn.; Lenoir, High Point, and Hickory, applicant requests it be held at Minneap­ merchandise as is dealt in by wholesale, N.C.; Bassett, Va.; and Atlanta, Ga., to olis, Minn. retail, and chain grocery and food busi­ Winter Park, Fla., under contract with No. MC 133297 (Sub-No. 2), filed Feb ness houses, and in connection there­ Kosoott Interplanetary, Inc. N ote: I f a ruary 10, 1969. Applicant: NATIONAI with, equipment, materials, and supplies hearing is deemed necessary, applicant OIL & SUPPLY COMPANY, a corpora' used in the conduct of such business, requests it be held at Orlando, Fla., or "i°n, 2345% West Kearney, Springfield except commodities in bulk, between Atlanta, Ga. Mo. 65803. Applicant’s representative points in the territory bounded by a line No. MC 133464, filed January 31, 1969. Turner White, 805 Woodruff Building beginning at Cape Charles, Va., and ex­ Applicant: JOSEPH PRATT, doing busi­ Springfield, Mo. 65806. Authority sough tending in a southerly direction along ness as DUTCH’S USED CAR TRANS­ to operate as a contract carrier, by moto: the Chesapeake Bay to the Atlantic PORT, 330 Orchard Street, Rochester, vehicle, over irregular routes, transport- Ocean; thence in a northerly direction mg Liquid animal food, liquid anima N.Y. 14606. Applicant’s representative: along the Atlantic Coast to the Dela­ Charles A. Schiano, 4425 Lake Avenue, food supplements, and molasses, with o: ware Bay, thence along the west shore without additives, in bulk, in tank vehi­ Post Office Box 4749, Rochester, N.Y. of the Delaware Bay and Delaware 14612. Authority sought to operate as a cles, between Cargill, Inc., plantsite al River to Delaware City, Del., thence in Memphis, Tenn., and points in Alabama contract carrier, by motor vehicle, over a northerly direction on Delaware High­ irregular routes, transporting: Used Arkansas, Georgia, Illinois, Louisiana way 9 to junction of Delaware Highway Kentucky, Mississippi, Missouri, Okla- automobiles by truckaway method, from 273, thence along Delaware Highway 273 Rochester, N.Y., to Manheim, Pa., under noma, Tennessee, and Texas, under con­ to the Delaware-Maryland State line, tract with Cargill, Inc. N ote: I f a hear- contracts with Universal Cartown, Inc., thence north on the Delaware-Maryland Mustang Used Auto Sales, B. Gabriel Is de®med necessary, applicant re- State line to the Pennsylvania-Mary- quests it be held at St. Louis or Kansas Motors, and Midtown Auto Sales. N ote : vaty, Mo. land-Delaware State line and thence I f a hearing is deemed necessary, appli­ west on the Pennsylvania-Maryland No. MC 133346 (Sub-No. 2), filed Feb- cant requests it be held at Rochester, State line to the Susquehanna River; Buffalo, or New York, N.Y. PPFTrw i tJ969- ApPlicant: FRIGIE thence in a northwesterly direction K I? H? - i NC" 206 North Third street along the east bank of the Susquehanna No. MC 133476, filed February 10,1969. 2JJ Park) Port Myers, Fla. 33902. Appli- River, to Columbia, Pa., thence easterly Applicant: CONTINENTAL DRIVE­ WAY, INC., 32 West Randolph Street, 1638 M .? r^ entative: Robert J- Hyde, on U.S. Highway 30 to Lancaster, Pa., A n th ^ raVllla’ Fort Myers, Fla. 33901. and thence in a northerly direction on Chicago, HI. 60602. Applicant’s repre­ so?ght to operate as a com- Pennsylvania Highway 72 to its junction sentatives: Neistein, Richman and Haus- Sar Z T T> ?y motor vehicle, over irreg- with U.S. Highway 22; thence in a west­ linger, 33 North La Salle Street, Suite transporting: Canned fruit erly direction on U.S. Highway 22 to its 2000, Chicago, HI. 60602. Authority S d S n ^ fflW' nonalcoholic, from junction with Pennsylvania Highway 34; sought to operate as a common carrier, P o T n ^ \ ( “ e County), Fla., to thence in a southwesterly direction by motor vehicle, over irregular-routes, New Jersey, and along Pennsylvania Highway 34 to its transporting: Automobiles, between mav hp1^fn\a‘ Rote: Common control junction with Pennsylvania Highway points in«the United States (except Ha­ “ rtf Applicant states It does 274, continuing southwesterly on Penn­ waii) . Note: If a hearing is deemed nec­ w U U n friiV ^ and WParently is sylvania Highway 274 to its junction essary, applicant requests it be held at g to limit the proposed operation with Pennsylvania Highway 75, thence Chicago, HI.,

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5216 NOTICES

No. MC 133481, filed February 12, line between the United States and Can­ does not intend to tack, and apparently 1969. Applicant: NEEL’S TRANSFER & ada located at or near Port Huron, is willing to limit the proposed operation STORAGE, INC., 101 Runnels Street, Mich., to points in the Lower Peninsula to local service if warranted. I f a hear­ Big Spring, Tex. 79720. Applicant’s rep­ of Michigan, under contract with Petro ing is deemed necessary, applicant re­ resentative: W. Scott Clark, Fort Worth Products, Inc., of Taylor, Mich. N ote : If quests it be held at Waukegan or Club Building, Fort Worth, Tex. 76102. a hearing is deemed necessary, applicant Chicago, 111. Authority sought to operate as a com­ requests it be held at Detroit or Lansing, M otor Carriers of P assengers mon carrier, by motor vehicle, over irreg­ Mich. No. MC 39211 (Sub-No. 9), filed Feb­ ular routes, transporting: Household No. MC 133493, filed February 18,1969. ruary 10, 1969. Applicant: OHIO BUS goods, as defined by the Commission, Applicant: IMPERIAL INTER-URBAN, between points in Howard, Scurry, INC., doing business as POLK LIMOU­ LINE, INC., 130 Main Street, Hamilton, Mitchell, Sterling, Glasscock, Midland, SINE AND AIR FREIGHT, 730 Mirror Ohio 45013. Applicant’s representative: Andrews, Dawson, Martin, Ector, Borden, Street, Lakeland, Fla. 33801. Applicant’s C. E. Seipel (same address as applicant). Gaines Counties, Tex., restricted to ship­ representative: M. Craig Massey, 223 Authority sought to operate as a common ments moving in containers and having South Florida Avenue, Post Office Drawer carrier, by motor vehicle, over regular an immediately prior or subsequent J, Lakeland, Fla. 33801. Authority sought and irregular routes, transporting: (A) movement by rail, motor, water, or air to operate as a common carrier, by Regular routes: Passengers and their and moving on through bills of lading of motor vehicle, over irregular routes, baggage, express, newspapers, and mail, forwarders, operating under the section transporting: General commodities (ex­ in the same vehicle with passengers, be­ tween Sharonville and Dayton, Ohio: 402(b) (2) exemption. N ote: If a hearing cept dangerous explosives, commodities is deemed necessary, applicant requests in bulk, those requiring special equip­ From Sharonville, Ohio, over U.S. High­ way 42 to Lebanon, Ohio, thence over it be held at Fort Worth or Dallas, Tex. ment, and livestock), having an immedi­ ately prior or subsequent movement by Ohio Highway 48 to Dayton, Ohio, and No. MC 133482 (Sub-No. 1) (Amend­ return over the same route, serving all ment) , filed February 12, 1969, published a ir ); (1) between the Orlando, Fla., air­ ports (McCoy and Herndon Fields) on intermediate points; and (B) Irregular F ederal R egister issue of February 28, route: Passengers and their baggage, ex­ 1969, amended February 19, 1969, and the one hand, and, on the other, points in Polk County, Fla.; and (2) between press, newspapers, and mail, in the same republished as amended this issue. Ap­ vehicle with passengers, in charter opera­ plicant: CAMPANELLA TRUCKING Tampa International Airport (Tampa, Fla.), on the one hand, and, on the tions, beginning and ending at points CORP., 161-163 Dikeman Street, Brook­ on the route specified in (1) above, and other, points in Polk County, Fla. N ote : lyn, N.Y. 11231. Applicant’s representa­ extending to points in the United States. tive: Morton E. Kiel, 140 Cedar Street, Applicant states it does not intend to N ote : I f a hearing is deemed necessary, New York, N.Y. 10006. Authority sought tack, and apparently is willing to limit the proposed operation to local service if applicant requests it be held at Cincin­ to operate as a contract carrier, by motor nati or Dayton, Ohio. vehicle, over irregular routes, transport­ warranted. If a hearing is deemed nec­ ing: (1) Such commodities as are dealt essary, applicant requests it be held at A pplication of F reight F orwarders Tampa or Orlando, Fla. in by an importer of housewares, between No. FF—329 (Sub-No. 2), T n’ T, INC, points in the New York, N.Y., commercial No. MC 133497, filed February 20, Extension—California), filed March 1, zone as defined by the Commission in 1969. Applicant: CHIPMAN TRUCK 1969. Applicant: T n’ T, INC., 4000 West 49 CFR 1048.1, on the one hand, and, on COMPANY, a corporation, 12917 Sun­ Sample Street, South Bend, Ind. 46621. the other, Hauppauge, N.Y.; and (2) shine Avenue, Santa Fe Springs, Calif. Applicant’s representative: Charles M. radios, from points in the New York, 90670. Applicant’s representative: R. Y. Pieroni (same address as applicant). Au­ N.Y., commercial zone as defined by the Schureman, 1545 Wilshire Boulevard, thority sought under section 410, Part IV Commission in 49 CFR 1048.1 to West- Los Angeles, Calif. 90017. Authority of the Interstate Commerce Act for a bury, N.Y.; under contract with Imperial sought to operate as a common carrier, permit authorizing applicant to extend International Corp. N ote: The purpose by motor vehicle, over irregular routes, operation as a freight forwarder in inter­ of this republication is to broaden the transporting: Liquid commodities (ex­ state or foreign commerce, through the scope of authority sought, by adding cept asphalts, lubricating oils and use of the facilities of common carriers “Radios” in (2) above. I f a hearing is greases, automotive fuels, or aircraft by railroad, water, air, and motor vehicle, deemed necessary, applicant ^requests it fuels), in bulk, in tank vehicles, between in the transportation of motor vehicles be held at New York, N.Y. points in California. N ote: Applicant (including trailers), between points in No. MC 133487, filed February 17,1969. states it does not intend to tack, and California (except points in Alameda Applicant: RAUB TRANSPORT, INC., apparently is willing to limit the pro­ County, C alif.), on the one hand, and, on 4 Water Street, Niles, Ohio 44446. Appli­ posed operation to local service if war­ the other, points in the United States, cant’s representative: James W. Mul- ranted. I f a hearing is deemed necessary, including Alaska and Hawaii. doon, 88 East Broad Street, Columbus, applicant requests it be held at Los Ohio 43215. Authority sought to operate Angeles, Calif. A pplications for B rokerage License as a common carrier, by motor vehicle, ''No. MC 133500 (Sub-No. 1), filed Feb­ No. MC 130079, filed F eb ru ary 7, 1969. over irregular routes, transporting: Com­ ruary 26, 1969. Applicant: MORD- Applicant: NORTHWEST FREIGHT position roofing, shingles, siding, and in­ HORST TRANSFER & STORAGE, INC., COORDINATORS, INC., Post Office Box sulating materials (except commodities 1203 Glen Flora Avenue, Waukegan, HI. 146,2416 Marine Drive West, N o r t h Port­ in bulk), and vinyl siding and incidental 60085. Applicant’s representative: Alan F. land, Oreg. 97043. Applicant’s representa­ materials used in the installation Wohlstetter, 1 Farragut Square South, tive: Lawrence V. Smart, Jr., 419 North' thereof, between Lockland, Ohio, on the Washington, D.C. 20006. Authority west 23d Avenue, Portland, Oreg. 97210. one hand,-and, on the other, points in sought to operate as a common car­ For a license (BMC-4) to engage in New York, Pennsylvania, and West Vir­ rier, by motor vehicle, over irregular operations as a broker at North P o r tla n d , ginia. N ote : I f a hearing is deemed nec­ routes, transporting: Used household Oreg., in arranging for the transportation essary, applicant requests it be held at goods, between points in Kenosha, Ra­ in interstate or foreign commerce oi Columbus, Ohio, or Washington, D.C. cine, Milwaukee, and Waukesha Coun­ general commodities, except commodities No. MC 133491, filed February 17,1969. ties, Wis.; Lake and Porter Counties, in bulk, in tank vehicles, household goods Applicant: PETRO TRANSPORT, INC., Ind.; and points in Illinois on and north as defined by the Commission, articles® 7200 Inkster, Taylor, Mich. 48180. Appli­ of U.S. Highway 136; restricted to the unusual value, dangerous explosives, be­ cant’s representative: William B. Elmer, transportation of traffic having a prior tween points in Oregon, Washington, 22644 Gratiot Avenue, East Detroit, or subsequent movement, in containers, California, Idaho, and Utah. Mich. 48021. Authority sought to operate and further restricted to the perform­ A pplications in W hich H andling WflB* as a contract carrier, by motor vehicle, ance of pickup and delivery service in out Oral H earing H as Been R equest® over irregular routes, transporting: connection with packing, crating, and Heavy or residual oil and blends containerization, or unpacking, uncrat­ No. MC 98610 (Sub-No. 4), ^ thereof, in tank vehicles, from the port ing, and decontainerization of such ruary 17, 1969. Applicant: of entry on the international boundary traffic. N ote: Applicant states that it TRANSPORT COMPANY’, LNC- 1U0

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 NOTICES 5217

West Kansas Street, McPherson, Kans. near Conway, Kans., and destined to sought to operate as a contract carrier, by 67460. Applicant’s representative: L. M. points in the named destination States. motor vehicle, over irregular routes, Cornish, Jr., 808 First National Bank N o t e : Applicant states it does not in­ transporting": Bakery products, and re­ Building, Topeka, Kans. 66603. Authority tend to tack, and apparently is willing turned containers and stale "bakery prod­ sought to operate as a common carrier, to limit the proposed operation to local ucts, from Boston, Mass., to Keene and by motor vehicle, over irregular routes, service if warranted. Claremont, NJ3.; Rutland, Burlington, transporting: Anhydrous ammonia, from No. MC 116282 (Sub-No. 20), filed and St. Johnsbury, Vt. terminal of Mid-America Pipeline Co. February 7, 1969. Applicant: NEIL’S By the Commission. located at or near Conway, Kans., to BAKERY PRODUCTS TRANSPORTA­ points in Colorado, Missouri, and TIO N CO., a corporation, 246 Broad [ s e a l ] H . N e il G a r s o n , Nebraska restricted to the transporta­ Street, Auburn, Maine. Applicant’s rep­ Secretary. tion of shipments which originate at the resentative: Mary E. Kelly, 10 Tremont [F.R. Doc. 69-2973; Filed, Mar. 12, 1969; Mid-America Pipeline Co. facilities at or Street, Boston, Mass. 02108. Authority 8:45 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— MARCH

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during March

3 CFR Page 7 CFR—Continued Page 14 CFR—Continued Page P roclamations : P roposed R ules— Continued P roposed R ules— Continued -— 3896 _ 3789 1103 ______5020 73------y------5022 3897 ______3791 1104 ------5108 75------5080 3898 ______4935 1106______5108 91------3695 Executive O rders: 1202______4893 121------3751 145------3695 11007 (see EO 11458)______4937 9 CFR 11457 ------3793 147------3751 11458 _ 4937 74 ------SOOt 151------k.------5111 11459 ------5057 157------_------3756 12 CFR 16 CFR 5 CFR 526------_____ 5151 213------5003 545------4884 13------3658, 3659, 5060 569------5151 15 ------3 7 4 2 , 5061 7 CFR 584------3796 240------' 4926 503______4956 52______------5151 P roposed R u l e s : 58______------5099 523------5022 17 CFR 318____. ------4879 531------5022 231_------4886 722____ ------3733, 5099 545------5024 Ï30____. ------3733 556------5024 P roposed R ules: 775____ ------3795, 5003 561------5024 230------5027 811_____ ------3795 571_------5024 240------4896 842...... ------3795 584------4895 270------______5027 876 ______------5003 877 ______------3733 14 CFR 18 CFR 891____ ------3737 P roposed R ules: 906____ 5155 39------3738, 4885, 4939, 4940 71------.__ 3655, 157------5182 907 ______3738, 4879, 5059, 5156 3796, 4502, 4940-4944, 5008-5010, 908 ______4880, 4956, 5156 19 CFR 910____ 5060, 5099, 5100, 5157 3674,3738, 5006, 5059 4------4 9 5 7 912 ______------3674,5006 73------3656, 4502, 5157 75 ------4502,16 5010 ------4 9 5 7 913 ______------3675, 5007 95------3 7 3 8 30-_•------4 9 5 7 944__ ------5156 97___------4 9 4 5 953____ ------5059, 5157 151------3656, 488520 CFR 965__ ------5157 991__ 153-----1 ------3656 P roposed R ules: ------4956 199------3657 993_ ------3675 604------3 7 4 8 1130__ 240 ------3741 ------3676 241 ------374i 1424_ ------4880 21 CFR 298------1 ------4 9 5 5 1427_ ------4882 1------4886 385------3742 120 ------5ioo Proposed R u les 399------i t ------3 7 4 2 906_ 121 ------;___ 4887, 4888, 5010, 5100, 5101 ----- 4969 P roposed R u l e s : 959_ 320------4888, 4889 — 4969 980__ 21------3695,P 4893roposed R ules: ____ 5077 25------5020 1005_ ----- 5013 121------3748 1009___ - 27------5020 - 5013 1036__ 33------5020 22 CFR 1061_ —— 5013 36------4893 1068__ ----- 3808 39------' 4894, 5110 42------4964 1070 ______----- 3833 43------3695 501------3 6 5 9 1071 ______----- 5077 65------3695 1078 ______" ---- 5108 71------3696-3699, 25 CFR 1079 ______— _ 5077 3851, 4894, 4974, 5022, 5060, 5111, 131------3 6 8 6 5077, 5078 5180, 5181 221------5061

FEDERAL REGISTER, VOL. 34, NO. 49— THURSDAY, MARCH 13, 1969 5218 FEDERAL REGISTER Page 26 CFR Page 36 CFR 45 CFR Page i ______5011 7 ______:______5012 145______——------3801 170______3662 311______4968 177______3801 179______3662 326______4968 250______3745 194______3663 801______5066 196 ______3667 3 7 CFR 1061______3686 197 ______3667 P roposed R ules: P roposed R ules: 201______3669 416______3689 240______3670 1______4973 245______— 3671 3______4973 250 ______i______3673 46 CFR 38 CFR 251 ______3673 P roposed R ules: 296______3672 4______5062 Ch. I I ______4973 301______3673 8 ______5064 36______4889 P roposed R ules: 47 CFR 1______3700, 5067 39 CFR 25______- ______5067 1 ______— ______5102 3797 2 ______5104 31______5067 171______5______3801 36______5067 P roposed R ules: 5013 2 i_____ :______— _ 5172 41______5067 132______3802, 3804, 5106, 45______5067 73______— 5107 46— ______!______5067 41 CFR 81______3806 48 ______5067 87______3807 3-1______5159 89______— ______3807 49 _ 5067 5159 3-2______91_— ______- ______3807 147______5067 3-3______5159 93______3807 151 ______5067 3-4______5159 152 ______5067 3-5------5159 95— 1______3807 301______5067 3-6______5159 P roposed R ules : 5159 3-7______1______3852 28 CFR 3-55______5159 4890 21______3852 0______4889 5B—3 ______5114 4890 31______9-1______— 1----- 43______3852 9-16______4890 73______3853-3855, 29 CFR 9-53______4890 464 ______5158 5064 3857, 4895, 5080,5120 12B-1______3858 465 ______- ______5158 12B-3______5064 1505______I 3776 12B-4______5065 P roposed R ules' 29-60______5169 49 CFR 101-45______5172 462______5176 369______3687 371-______3688 42 CFR 31 CFR 1033______- ______3746 3743 5______5159 205______1048______4892 P roposed R ules: P roposed R u les: 54—______3689 71______3852 32 CFR 5177 73______172______- 5112 577______4965 209______3749 173______1______5112, 5113 33 CFR 43 CFR 371—______3699 117______- ______5012 402______5066 1203______4897 207 ______4967 P ublic L and Order: 208 ______4967, 5159 4538 (corrected) 5012 50 CFR P roposed R ules: P roposed R u le : 28______—______4892 401______5025 4______5173 33______3747, 4892, 5066, 5100, 5172