FEDERAL REGISTER VOLUME 33 • NUMBER 55 Wednesday, March 20, 1968 • Washington, D.C. Pages 4725-4779 PART I (Part II begins on page 4775)

Agencies in this issue— Air Force Department Atomic Energy Commission Civil Aeronautics Board Coast Guard Consumer and Marketing Service Emergency Planning Office Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau Peace Corps Securities and Exchange Commission Small Business Administration Detailed list o f Contents appears inside.

No. 55— P t. I ____ i Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1968)

Title 26— Internal Revenue Part 1 (§§ 1.501-1.640) (Revised)______$0.70

Title 26—Internal Revenue (Parts 2-29) (Revised)___ .75

Title 37— Patents, Trademarks, and Copyrights (Pocket Supplement)______.30

[A cumulative checklist of CFR issuances for 1968 appears in the first issue of the Federal Register each month under Title 1]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

r ’r 'n r 'r ) * M W gW O C f’IC T C D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or I* i .llr .I lr u l *M r > n r n r > 1 lllf on the day after an official Federal holiday), by the Office of the Federal Register, Nationa £ Archives and Records Service, General Services Administration (mail address Nationa Area Code 202 > ^ « 0^ Phone 962"8626 Archive Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1936 (49 Stat. 600, as amended; 44 U.S.C., Ch. 8B), 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 Superintenden of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable 1 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 to each additional group at 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documen , U.S. Government Printing Office, W ashington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, p * suant to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent 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 o r t h e Code op F ederal R egulation . Contents

AGRICULTURE DEPARTMENT EMERGENCY PLANNING OFFICE FISH AND WILDLIFE SERVICE See Consumer and Marketing Rules and Regulations Notices Service. Health manpower occupations----- 4736 Depredating golden eagles; order permitting taking to seasonally AIR FORCE DEPARTMENT FEDERAL AVIATION protect domestic livestock in cer­ ADMINISTRATION tain Montana counties------4749 Rules and Regulations Reynoldson, John E., and Louis M. Schedule of fees for copying, certi­ Rules and Regulations Faulk; notice of loan applica­ fying, and searching records--- 4734 IFR a l t i t u d e s ; miscellaneous tion ______4749 amendments______4729 ATOMIC ENERGY COMMISSION Technical standard order author­ izations; correction______4729 FOOD AND DRUG Notices ADMINISTRATION Consumers Power Co.; notice FEDERAL COMMUNICATIONS Rules and Regulations of issuance of facility license COMMISSION Drugs: amendment------4759 Rules and Regulations Depressant and stimulant AM, FM, and TV “program log” drugs______4734 CIVIL AERONAUTICS BOARD rules; miscellaneous amend­ Established names------4731 Notices ments ------4739 Neomycin sulfate______4732 Maritime mobile service; elimina­ New drugs______4732 Air Enterprises; order to show tion of interim ship station li­ Novobiocin______4733 cause______4759 censing ______4738 Food additives; methyl glucoside- Compania Intemacional A e r e a coconut oil ester______4732 S.A. (CIASA); notice of hear­ Proposed Rule Making ing ______4760 Vessels navigating in Pacific Notices Ocean; extension of geograph­ Petitions regarding food additives COAST GUARD ical area of communications___ 4747 and pesticides: Notices Amdal Co______4751 Rules and Regulations Dow Chemical Co— ------4751 Anchorage regulations: Hearings, etc.: Elanco Products Co—------4751 Hampton Roads, Va., anchor­ Advanced Communications Co., Norwich Pharmacal Co_------4751 age grounds; correction------4738 ' et al______4761 Upjohn Co------4751 Kennebec River at Gardiner, American Telephone and Tele­ graph Co______4760 Maine______4737 HEALTH, EDUCATION, AND Los Angeles and Long Beach Clear Vision TV Company of Harbors, Calif______4738 Bessemer et al__.______4761 WELFARE DEPARTMENT Mystic Harbor, Conn______4737 FEDERAL MARITIME See Food and Drug Administra­ tion. Proposed Rule Making COMMISSION Great Lakes pilotage regulations- 4746 Notices HOUSING AND URBAN Notices Inter-American Freight Confer­ DEVELOPMENT DEPARTMENT Portion of James River, Norfolk- ence; cargo pooling agreements. 4763 Newport News Harbor ; notice of Notices closing to navigation during FEDERAL POWER COMMISSION Assistant Secretary for Mortgage launching of “Durham” (AKA- Notices Credit and Federal Housing 114)______4759 Hearings, etc.: Commissioner; delegation of Ashland Oil & Refining Co------4757 authority------_------— 4759 COMMERCE DEPARTMENT Tennessee Gas Pipeline C o~ — 4758 See International Commerce Bu­ Trunkline Gas Co------4758 INTERIOR DEPARTMENT reau. Warren Petroleum Corp., et al__ 4752 See Fish and Wildlife Service; CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM Land Management Bureau. Rules and Regulations SERVICE INTERNAL REVENUE SERVICE Statements of policy: Rules and Regulations Corporations engaged in foreign Proposed Rule Making Oranges grown in Florida; ship­ banking and financing under Income tax; investment credit ment limitations______4729 the Federal Reserve Act_____ 4729 Foreign activities of national provisions ______4742 Proposed Rule Making banks ______:— 4729 Milk in Nebraska-Western Iowa INTERNATIONAL COMMERCE and Sioux City, Iowa, marketing FISCAL SERVICE BUREAU area; extension of time for filing Rules and Regulations exceptions to recommended de­ Notices cisions ______4745 Withdrawal of cash from the Treasury for advances under Kent, Joseph W., et al.; order F e d e r a l programs; letter-of- denying export privileges------4750 defen se d ep a r t m en t credit method of financing ad­ See Air Force Department. vances ______4734 (Continued on next page) 4727 4728 CONTENTS

INTERSTATE COMMERCE LAND MANAGEMENT BUREAU SMALL BUSINESS COMMISSION Notices ADMINISTRATION Idaho ; termination of proposed Notices Notices Alabama State Docks Department; classification of lands______4749 notice of fUing of petition for Nevada; redelegation of author­ Manager, Disaster Branch Office, declaratory order______4764 ity ______4749 Harlington, Texas; recision of Illinois intrastate rail rates and delegation of authority______4764 charges______4764 PEACE CORPS Motor carrier: Rules and Regulations TRANSPORTATION DEPARTMENT Alternate route deviation no­ Ethical conduct and responsi­ tices ______.______4765 bilities of Peace Corps em­ See Coast Guard; Federal Aviation Applications and certain other ployees ______4776 Administration. proceedings______4768 Intrastate applications______4770 SECURITIES AND EXCHANGE TREASURY DEPARTMENT Temporary authority applica­ tions ______4771 COMMISSION See Fiscal Service; Internal Reve­ Transfer proceedings______4772 Notices nue Service. Santa Fe International, Inc.; order suspending trading_____ 4764

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, 1968, and specifies how they are affected.

7 CFR 21 CFR 33 CFR 905______4729 3____ _ 4731 110 (4 documents)______4737, 4738 Proposed R ules: 121____ 4732 1065 4745 130—___ 4732 46 CFR 1066 4745 148i____ 4732 Proposed R ules: 148j____ 4733 401 ...... 4746 12 CFR 166_____ 4734 211____ 4729 22 CFR 47 CFR ~ 1 . 4738 213_____ 4729 301_____ 4776 7 3 ______4739 14 CFR 26 CFR Proposed R ules: ____ 4747 37______4729 Proposed R ules: 81 — ______83 ______...... 4747 95______4729 1______4742 31 CFR 205-______'______4734 32 CFR 813— ______— — 4734 32A CFR OEP (Ch. I) : DMO 8540.1______—...... 4736 4729 Rules and Regulations

(v) Any Murcott Honey oranges, grown Dated at Washington, D.C., this 14th Title 7— AGRICULTURE in the production area, which do not day of March 1968. grade at least U.S. No. 1 Bronze. By order of the Board of Governors.

Chapter IX— Consumer and Market­ ***** [ s e a l ] R o b e r t P . F o r r e s t a l , ing Service (Marketing Agreements (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Assistant Secretary. and Orders; Fruits, Vegetables, 601 -6 7 4) [F.R. Doc. 68-3330; Filed, Mar. 19, 1968; Nuts), Department of Agriculture Dated: March 15,1968. 8 :4 5 a .m .] [Orange Reg. 60, Arndt. 3] P a u l A . N i c h o l s o n , PART 905— ORANGES, GRAPEFRUIT, Deputy Director, Fruit and Veg­ TANGERINES, AND T A N G ELO S etable Division, Consumer and Title 14— AERONAUTICS AND GROWN IN FLORIDA Marketing Service. SPACE Limitation of Shipments [F.R. Doc. 68-3342; Filed, Mar. 19, 1968; 8 :4 6 a .m .] Findings. (1) Pursuant to the market­ Chapter I— Federal Aviation Admin­ ing agreement, as amended, and Order istration, Department of Transpor­ No. 905, as amended (7 CFR Part 905), tation regulating the handling of oranges, grapefruit, tangerines, and tángelos Title 12— BANKS AND BANKING SUBBCHAPTER C— AIRCRAFT grown in Florida, effective under the ap­ Chapter II— Federal Reserve System [Docket No. 7972; Arndt. 37-15] plicable provisions of the Agricultural PART 37— TECHNICAL STANDARD Marketing Agreement Act of 1937, as SUBCHAPTER A— BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ORDER AUTHORIZATIONS amended (7 U.S.C. 601-674), and upon the basis of the recommendations of the [R e g . K ] High Frequency Radio Communication committees established under the afore­ Receiving Equipment; TSO—C32c said amended marketing agreement and PART 211—CORPORATIONS EN­ order, and upon other available informa­ GAGED IN FOREIGN BANKING Correction tion, it is hereby found that the limita­ AND FINANCING UNDER THE FED­ In F.R. Doc. 67-12486 appearing at tion of shipments of Temple and Murcott ERAL RESERVE ACT page 14685 of the issue for Tuesday, Oc­ Honey oranges, as hereinafter provided, Statement of Policy on Joint Ventures tober 24, 1967, the following corrections will tend to effectuate the declared policy should be made: of the act. § 211.51 Statement of policy on joint 1. In § 37.159 the table in paragraph C2) It is hereby further found that it ventures. 2.10 of the standards is corrected to read is impracticable and contrary to the pub­ as follows: lic interest to give preliminary notice, Before approving a proposed interna­ L evel o f engage in public rule-making procedure, tional joint venture, such as a jointly- undesired and postpone the effective date of this owned Edge corporation or foreign bank, Level of desired signal signal amendment until 30 days after publica­ the Board of Governors will consider the 20 /iv______1,000 ßv tion in the F e d e r a l R e g is t e r (5 U.S.C. possible competitive effects thereof on 2,000 ßv______100, 000 /tv 553) because the time intervening be­ 2. In paragraph 1.10 of Appendix A, tween the date when information upon U.S. domestic and foreign commerce and consult with the Department of Justice insert the word “otherwise” after the which this amendment is based became word “unless” and before the word available and the time when this amend­ regarding any antitrust issues. Appli­ “specified” . ment must become effective in order to cants shall submit all relevant material 3. In paragraph 2.4 of Appendix A, effectuate the declared policy of the act relating thereto. strike out the word and figure “at 5” and is insufficient; and this amendment re­ (Interprets or applies 12 U.S.C. 615) insert the word and figure “a 50” in lieu lieves restrictions on the handling of thereof. Temple and Murcott Honey oranges Dated at Washington, D.C., this 14th grown in Florida. day of March 1968. SUBCHAPTER F— AIR TRAFFIC AND GENERAL Ortfer- The provisions of § 905.505 By order of the Board of Governors. OPERATING RULES (Orange Reg. 60; 32 F JR. 17616, 33 Fit. [Reg. Docket No. 8761; Arndt. 95-165] *3I8’ are hereby amended in the [ s e a l ] R o b e r t P . F o r r e s t a l , following respects: Assistant Secretary. PART 95— IFR ALTITUDES 1. The introductory text of paragraph [F.R. Doc. 68-3329; Filed, Mar. 19, 1968; Miscellaneous Amendments (a)(2) and subdivisions (iv) and (v) 8 :4 5 a n . ] thereof are revised to read as follows:' The purpose of this amendment to Part 95 of the Federal Aviation Regula­ § 905,505 Orange Regulation 60. [R e g . M ] (ft) * * * tions is to make changes in the IFR alti­ PART 213— FOREIGN ACTIVITIES OF tudes at which all aircraft shall be flown 1 Q(2) ^rirtS the period beginning March over a specified route or portion thereof. vT’ i, ’ through September 8, 1068, no NATIONAL BANKS These altitudes, when used in conjunc­ andler shall ship between the produc- Statement of Policy on Joint Ventures tion with the current changeover points , °îî area any point outside thereof for the routes or portions thereof, also n tne continental United States, Canada, § 213.51 Statement of policy on joint or Mexico: assure navigational coverage that is ventures. adequate and free of frequency interfer­ For the text of this statement of policy, ence for that route or portion thereof. <*v) Any Temple oranges, grown in th< As a situation exists which demands toea* which do not grade a see § 211.51 of this subchapter. immediate action in the interest of least U .S. No. 2-or (Interprets or applies 12 U.S.C. 601) safety, I find that compliance with the

FEDERAL REGISTER, V O L 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4730 RULES AND REGULATIONS

notice and procedure provisions of the Section 95.6012 VOR Federal airway 12 J o h n e y IN T , A la., via W a lter.; D ecatu r, Ala., Administrative Procedure Act is im­ is amended to read in part : VOR via W alter.; *2,400. *2,200—MOCA. practicable and that good cause exists From, to, and ME A Section 95.6088 VOR Federal airway 88 for making this amendment effective is amended to read in part: within less than 30 days from publica­ Eudora INT, Kans.; De Soto INT, Kans.; tion. *2,500. *2,200— MOCA. C on w a y IN T , M o.; R ic h la n d IN T , M o.; *3,000. De Soto INT, Kans.; Shawnee INT, Kans.; *2,700— MOCA. In consideration of the foregoing and *2,600. *2,300— MOCA. R ic h la n d IN T , M o.; V ic h e y , M o., V O R ; *3,000. pursuant to the authority delegated to *2,400— MOCA. me by the Administrator (24 F.R. 5662), Section 95.6014 VOR Federal airway 14 Part 95 of the Federal Aviation Regula­ is amended to read in part: Section 95.6112 VOR Fédéral airway tions is amended, effective ApriL25, 1968, Conway INT, Mo.; Richland INT, Mo,; *3,000. 112 is amended to read in part: as follows: *2,700— MOCA. Lamar INT, Oreg.; *Rodna INT, Wash; 1. By amending Subpart C as follows: Richland INT, Mo.; Vichey, Mo., VOR; *3,000. **5,400. *6,000—MRA. **4,400—MOCA. *2,400— MOCA. Rodna INT, Wash.; Spokane, Wash., VOR; From, to, and ME A Vichey, Mo., VOR via S alter.; St. Louis, Mo., *5,400. *4,900—MOCA. VOR via S alter.; *2,800. *2,200— MOCA. Section 95.1001 Direct Routes—United Section 95.6118 VOR Federal airway States is amended to read in part: Section 95.6015 VOR Federal airway 15 118 is amended to read in part: is amended to read in part: Chico, Calif., VOR; Red Bluff, Calif., VOR; Laramie, Wyo., VOR; »Sliver Crown INT, 3.000. MAA— 12,000. Dallas, Tex., VOR via W alter.; Denton INT, Wyo.; 11,100. *9,600— MCA SUver Crown Marysville, Calif., VOR; Chico, Calif., VOR; Tex., via W alter.; 2,100. INT, westbound. 3.000. MAA— 12,000. Denton INT, Tex., via W alter.; Ardmore, Silver Crown INT, Wyo.; Cheyenne, Wyo., Point Reyes, Calif., VOR; Woodside, Calif., Okla., VOR via W alter *4,000. *2,300— VOR; 8,800. VOR; *5,000. MAA— 17,000. *4,400— MOCA. MOCA. Priest, Calif., VOR; via ROM 309/SJC 120°; Section 95.6128 VOR Federal airway Hollister INT, Calif., COP 40 ROM; MAA— Section 95.6016 VOR Federal airway 16 128 is amended to read in part: 24.000. *6,500—MOCA. is amended to read in part: Salinas, Calif., VOR; »Lick Int, Calif., Cincinnati, Ohio, VOR via N alter.; York, Ky., Memphis, Tenn., VOR via N alter.; Stanton **6,000. MAA— 17,000. *4,500— MCA Lick VOR via N alter.; 3,000. INT, Tenn., via N alter.; 2,000. Int., southeastbound. **5,000— MOCA. Stanton INT, Tenn., via N alter.; Jacks Creek, Section 95.6130 VOR Federal airway San Diego., Calif., VOR via SAN R 360° and Tenn., VOR via N alter.; *2,000. *1,900— ONT R 130°; »Ontario, Calif., VOR; * *7,000. 130 is amended to read in part: MOCA. *5,100—MCA. Ontario VOR; southeast- Norwich, Conn., VOR; Lafayette INT, R.I.; bound. **6,700—MOCA. Section 95.6018 VOR Federal airway 18 *2,300. *1,700— MOCA. Section 95.1001 Direct routes—United is amended to read in part: Section 95.6136 VOR Federal airway States is amended by adding: Jackson, Miss., VOR via S alter.; »Rankin 136 is amended to read in part: INT, Miss., via S alter.; *2,000. *3,400— Alma, Ga., VORTAC; Int GNV 270° AMG MRA. D u rh a m IN T , N .C.; R a le ig h -D u r h a m , N.C., 182°; 18,000. Rankin INT, Miss., via S alter.; Meridian, VOR; *2,100. *1,900—MOCA. Int GNV 270°/AMG 182°; 50 NM DME via Miss., VOR via S alter.; *3,400. *1,900— Section 95.6139 VOR Federal airway 001° M rad, PIE VORTAC; 10,000. MOCA.' 50 NM DME via 001° M rad, PIE VORTAC; 139 is amended to read in part: St. Petersburg, Fla., VORTAC; *6,000. Section 95.6019 VOR Federal airway 19 Wakefield INT, R.I.; Lafayette INT, RI.; *1,300— MOCA. is amended to read in part: *2,300. *1,600— MOCA. Cincinnati, Ohio, VOR; Lewis, Mo., VOR; Pueblo, Colo., VOR; Hanover, INT, Colo., Lafayette INTT R.I.; Greenwich INT, R.I.; 18.000. MAA— 45,000. southbound, 7,500; northbound, *8,000. *2,300. *1,700— MOCA. Cincinnati, Ohio, VOR; Lewis, Ind., VOR; *7,500—MOCA. Section 95.6140 VOR Federal airway 18.000. MAA— 45,000. Section 95.6020 VOR Federal airway 20 140 is amended to read in part: Lewis, Ind., VOR; St. Louis, Mo., VOR; 18,000. MAA— 45,000. is amended to read in part: Nashville, Tenn., VOR via N alter.; River B e n d IN T , T e n n ., v ia N alter.; *2,500. Ephrata, Wash., VOR; Qmak, Wash., RBN, Barber INT, N.C.; Greensboro, N.C., VOR; *2,200—MOCA. . COP 40 EPH; 6,800. 2.500. Granville INT, Tenn., via S alter.; Livingston, Stockton INT, Ala., via S alter.; Monroeville, Tenn., VOR via S alter.; *3,000. *2,700— Section 95.6001 VOR Federal airway 1 Ala., VOR via S alter.; *2,100. *1,500— is amended to read in part: MOCA. MOCA. Charleston, S.C., VOR; Honey INT, S.C.; MobUe, Ala, VOR; Tensaw INT, Ala.; *2,000. Section 95.6152 VOR Federal airway *1,600— MOCA. 2 ,100. 152 is amended to read in part: * Section 95.6004 VOR Federal airway 4 Section 95.6047 VOR Federal airway 47 St. Petersburg, Fla., VOR; via S alter.; Lake­ is amended to read in part: is amended to read in part: land, Fla., VOR; via S alter.; *2,000. *1,500— MOCA. Topeka, Kans., VOR; Springdale INT, Kans.; Cincinnati, Ohio, VOR; Hamilton INT, Ohio; 2,700. 2.400. Section 95.6175 VOR Federal airway Topeka, Kans., VOR via S alter.; Lawrence Hamilton INT, Ohio; Middletown INT, Ohio; 175 is amended by adding: INT, Kans., via S alter.; 2,700. 2.500. HaUsville, Mo., VOR; Macon, Mo., VOR; Lawrence INT, Kans., via S alter.; Parkville Section 95.6054 VOR Federal airway 54 *2,600. *2,200— MOCA. INT, Mo., via S alter.; *2,500. *2,300— is amended to read in part: Macon, Mo., VOR; Kirksville, Mo., VOR; MOCA. Muscle Shoals, Ala., VOR; Tanner INT, Ala.; *2,700. *2,300— MOCA. Section 95.6010 VOR Federal airway 10 2.400. Kirksville, Mo., VOR; Des Moines, Iowa, VOR; is amended to read in part: *2,800. *2,400— MOCA. Section 95.6056 VOR Federal airway 56 Des Moines, Iowa, VOR; Sioux City, Iowa, Topeka, Kans., VOR via N alter.; Springdale is amended to read in part: VOR; *4,500. *2,800— MOCA. INT, Kans., via N alter.; 2,700. Midway INT, Ala., via S alter.; Columbus, Ga., Eudora INT, Kans.; De Soto INT, Kans.; Section 95.6177 VOR Federal airway VOR via S alter.; 2,000. *2,500. *2,200— MOCA. 177 is amended by adding: De Soto INT, Kans.; Parkville INT, Mo.; Section 95.6057 VOR Federal airway 57 Stevens Point, Wis., VOR; Duluth, Minn., *2,600. *2,300— MOCA. is amended to read in part: VOR; *6,000. *3,000— MOCA. Section 95.6011 VOR Federal airway 11 Hobbs INT, Ala., via E alter.; Decatur, Ala., Section 95.6178 VOR Federal airway is amended to read in part: VOR via E alter.; 2,600. 178 is amended by adding: Laurel, Miss., VOR; »Rankin INT, Miss.; Section 95.6057 VOR Federal airway 57 L e x in g to n , K y . V O R ; T r e n t IN T , K y-; 3,200- **2,300. *3,400—MRA. **1,700—MOCA. is amended by adding: Trent INT, Ky.; Panther INT, W. Va.; 8,ow- Memphis, Term., VOR via E alter.; Stanton Birmingham, Ala., VOR via W alter.; Johney *4,500—MOCA. _ „ -rnR. INT, Tenn., via E alter.; 2,000. INT, Ala., via W alter.; *2,700. *2,000— Panther INT, W. Va.; Bluefleld, W. Va., von, MOCA. 6,000.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4731

Section 95.6198 VOR Federal airway Section 95.6414 Hawaii VOR Federal Big Lake, Alaska, VOR; Gulkana, Alaska, 198 is amended to read in part: airway 14 is amended to read in part: VOR; 18,000; 45,000. Gulkana, Alaska, VOR; United States-Cana- From, to, and MEA From, to, and ME A dian border; 19,000; 45,000. Port Stockton, Tex., VOR; Ozona INT, Tex.; »Dogwood DME Fix, Hawaii; South Kauai, 2. By amending subpart D as follows: *7,000. *4,400— M O CA . Hawaii, VOR; **10,000. *10,000—MRA. Section 95.8003 VOR Federal airway Ozona INT, Tex.; Junction, Tex., VOR; **4,000— MOCA. changeover points: *0,000. *3,900— M O C A . Section 95.6415 Hawaii VOR Federal Airway segment: From; to— Changeover Section 95.6222 VOR Federal airway airway 15 is amended to read in part: point: Distance; from 222 is amended to read in part: * Vanda DME Fix, Hawaii; South Kauai, V -177 is amended by adding: Port Stockton, Tex., VOR; Ozona INT, Tex.; Hawaii, VOR; **6,000. *6,000—MRA. Stevens Point, Wis., VOR; Duluth, Minn., *7,000. *4,400— M O C A . **4,400— MOCA. VOR; 68; Stevens Point. Ozona INT, Tex.; Junction, Tex., VOR; Section 95.6416 Hawaii VOR Federal V-198 is amended by adding: *6,000. *3,900— M O C A . airway 16 is amended to read in part: Fort Stockton, Tex., VOR; Junction, Tex., Section 95.6225 VOR Federal airway VOR; 70; Fort Stockton. »Redwood Int, Hawaii; Hilo, Hawaii, VOR; V-222 is amended by adding: 225 is amended to read in part: **2,000. *9,000— MRA. * *1,200— MOCA. Fort Stockton, Tex., VOR; Junction, Tex., Paloma INT, Fla., via E alter.; *Pavilion INT, MOCA. VOR; 70; Fort Stockton. Fla., via E alter.; **3,500. *4,000— MRA. Section 95.6418 Hawaii VOR Federal (Secs. 307, 1110, Federal Aviation Act of 1958; **1,200—MOCA. airway 18 is added to read: 49 U.S.C. 1348, 1510) Section 95.6241 VOR Federal airway Upolu Point, Hawaii, VOR; Turtle Int, Issued in Washington, D.C., on March 241 is amended to read in part: Hawaii; 5,400. 12,1968. Turtle Int, Hawaii; Salmon Int, Hawaii; Midway INT, Ala., via W alter.; Columbus, *3,000. *1,000— MOCA. R. S. Sliff, Ga., VOR via W alter.; 2,000. Acting Director, •Salmon Int, Hawaii; Clam Int, Hawaii; Section 95.6245 VOR Federal airway **9,000. Hawaii; *4,700— MCA Salmon INT Flight Standards Service. 245 is amended to read in part: northeastbound. **1,000— MOCA. [F.R. Doc. 68-3278; Filed, Mar. 19, 1968; Natchez, Miss., VOR; * Raymond INT, Miss.; Section 95.6419 Hawaii VOR Federal 8 :4 5 a .m .] 2.900. *3,400— M R A . airway 19 is added to read: Raymond INT, Miss.; Jackson, Miss., VOR; 2.900. Hilo, Hawaii, VOR; »Redwood Int, Hawaii; **2,000. *9,000— MRA. **1,200— MOCA. Section 95.6289 VOR Federal airway Redwood Int, Hawaii; »Hibiscus Int, Hawaii; Title 21— FOOD AND DRUGS 289 is amended by adding: **2,000. *3,000— MRA. **1,000— MOCA. Chapter I— Food and Drug Adminis­ Port Smith, Ark., VOR; Harrison, Ark., VOR; Hibiscus Int, Hawaii; Salmon Int, Hawaii; *3,000. *1,000— MOCA. *4,400. *3,700— M O C A . tration, Department of Health, Edu­ Harrison, Ark., VOR; Dogwood, Mo., VOR; Salmon Int, Hawaii; Lobster Int, Hawaii; cation, and Welfare *3,000. *2,500— M O C A . *6,000. *1,000— MOCA. Dogwood, Mo., VOR; Stout INT, Mo.; *5,500. Section 95.6454 VOR Federal airway ' SUBCHAPTER A— GENERAL *2,900— M O CA. 454 is amended to read in part: Stout INT, Mo.; Richland INT, Mo.; *3,000. PART 3— STATEMENTS OF GENERAL *2,700— M O CA. Midway INT, Ala.; Columbus, Ga., VOR; POLICY OR INTERPRETATION 2,000. Richland INT., Mo.; Vichey, Mo., VOR; Established Names for Drugs *3,000. *2,400— M O CA . Section 95.6456 VOR Federal airway Section 95.6297 VOR Federal airway 456 is amended by adding: Pursuant to tlie provisions of the Fed­ 297 is amended to read in part: eral Food, Drug, and Cosmetic Act (secs. Anchorage, Alaska, VORTAC; »Big Lake, 502(e), 508, 701(a), 52 Stat. 1050, as Carleton, Mich., VOR; Livingston INT, Mich.; Alaska, VOR; 2,000. *5,000—MCA Big Lake amended, 1055, 76 Stat. 789, 790; 21 *3,000. *2,200— M O CA . VOR northeastbound. Big Lake, Alaska, VOR; Matanuska INT, U.S.C. 352(e), 358, 371(a)) and under Livingston INT, Mich.; Owosso INT, Mich.; the authority delegated to the Commis­ *4,000. *2,200— M O CA . Alaska; 7,000. Matanuska INT, Alaska; Gulkana, Alaska, sioner of Food and Drugs by the Secre­ Section 95.6325 VOR Federal airway VOR; 10,000. tary of Health, Education, and Welfare 325 is amended to read in part: Gulkana, Alaska, VOR; Northway, Alaska, (21 CFR 2.120), the following new sec­ VOR; 10,500. Hobbs INT, Ala., via N alter.; Decatur, Ala., tion is added to Part 3: VOR via N alter.; 2,600. Section 95.6493 VOR Federal airway § 3.62 Established names for drugs. 493 is amended to read in part: Section 95.6339 VOR Federal airway (a) Section 508 of the Federal Food, 339 is added to read: Carleton, Mich., VOR; Int. 330° M rad, Carle- Drug, and Cosmetic Act (added by the ton VOR and 205° M rad, Flint VOR; Whitesburg, Ky., VOR; Falmouth, Ky., VOR; *3,000. *2,200— MOCA. Kefauver-Harris Drug Amendments of 4,000. 1962; Public Law 87-781) authorizes the Section 95.7102 Jet Route No. 102 is Commissioner of Food and Drugs to Section 95.6345 VOR Federal airway amended to read in part: 345 is added to read: designate an official name for any drug From, To, ME A, and MAA if he determines that such action is nec­ Dells Wis., VOR; Eau Claire, Wis., VOR; essary or desirable in the interest of 3,500. *3,300— M O CA . Lamar, Colo., VOR; Salina, Kans., VOR; 18,000; 45,000. usefulness and simplicity. Section 502(e) Section 95.6401 Hawaii VOR Federal of the act (as amended by said Drug airway l is amended to read: Section 95.7124 Jet Route No. 124 is Amendments) prescribes that the label­ amended to read: ing of a drug must bear its established Paradise Int, Hawaii; »Hibiscus Int, Hawaii; 3.000, *3,000— MRA. **1,000— MOCA. Anchorage, Alaska, VORTAC; Big Lake, name, if .there is one, to the exclusion of Alaska, VOR; 18,000; 45,000. any other nonproprietary name (except Hawaii; »Redwood Int, Hawaii; Big Lake, Alaska, VOR; Gulkana, Alaska, 2.000. *9,000— MRA. **1,000— MOCA. the applicable systematic chemical name VOR; 18,000; 45,000. or the chemical formula) and, if the e*d-T ^ Int> Hawaii; m io Hawaii, VOR; Gulkana, Alaska, VOR; Northway, Alaska, 2,000. *1,200— M O CA. drug is fabricated from two or more in­ VOR; 18,000; 45,000. gredients, the established name of each 956410 Hawaii VOR Federal Section 95.7511 Jet Route No. 511 is active ingredient. way io is amended to read: added to read: (b) The term “established name” is Hil*o’ Hawaii, VOR; Jasmine INT, Hawaii; Dillingham, Alaska, VOR; Anchorage, Alaska, defined in section 502(e) (2) of the act 2,000. *1,000— M O CA . VORTAC; 18,000; 45,000. as (1) an official name designated pur­ a*?nnn •?IT’ Hawaii= Crater INT, Hawaii; Anchorage, Alaska, VORTAC; Big Lake, suant to section 508 of the act; (2) if no 5.000 *1,000—MOCA. Alaska, VOR; 18,000; 45,000. such official name has been designated

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4732 RULES AND REGULATIONS for the drug and the drug is an article suant to the provisions of the Federal Act (secs. 505, 701(a), 52 Stat. 1052, as recognized in an official compendium, Food, Drug, and Cosmetic Act (sec. 409 amended, 1055; 21 U.S.C. 355, 371(a)) then the official title thereof in such com­ (c)(1 ), 72 Stat. 1786; 21 U.S.C. 348(c) and under the authority delegated to the pendium; and (3) if neither subpara­ (1) X and under the authority delegated Commissioner of Food and Drugs by the graphs (1) nor (2) of this section applies, to the Commissioner by the Secretary of Secretary of Health, Education, and Wel­ then the common or usual name of the Health, Education, and Welfare (21 CFR fare (21 CFR 2.120), § 130.9 is amended drug. 2.120), § 121.1151(b) is revised to read as as set forth below. (c) The Food and Drug Administra­ follows: Effective date. This order shall become tion recognizes the skill and experience § 121.1151 Methyl glucoside-coconut oil effective 30 days from the date of its of the U.S. Adopted Names Council ester. publication in the F e d e r a l R e g is t e r . (USAN) in deriving names for drugs. * * * * * The U.S. Adopted Names Council is a (Secs. 505, 701(a), 52 Stat. 1052, as amended, private organization sponsored by the (b) It is used or intended for use as1055; 21 U.S.C. 355, 371(a)) American Medical Association, the follows; Dated: March 12,1968. United States Pharmacopeia, and the (1) As an aid in crystallization of su­ American Pharmaceutical Association, crose and dextrose at a level not to ex­ J . K . K i r k , and has been engaged in the assignment ceed the minimum quantity required to Associate Commissioner of names to drugs since January 1964. produce its intended effect. for Compliance. The Council negotiates with manufactur­ (2) As a surfactant in molasses at a Section 130.9 is amended by redesig­ ing firms in the selection of nonproprie­ level not to exceed 320 parts per million nating the text of paragraph (a) as para­ tary names for drugs. in the molasses. graph (a) (1) and by adding thereto a (d) The Food and Drug Administra­ Any person who will be adversely af­ new subparagraph (2) reading as follows: tion cooperates with and is represented fected by the foregoing order may at on the USAN Council. In addition, the any time within 30 days from the date of § 130.9 Supplemental applications. Food and Drug Administration is in its publication in the F e d e r a l R e g is t e r (a) (1) * * * agreement with the “Guiding Principles file with the Hearing Clerk, Department (2) The supplemental application for Coining U.S. Adopted Names for of Health, Education, and Welfare, shall be submitted as follows: A com­ Drugs,” published in New Drugs Evalu­ Room 5440, 330 Independence Avenue munication proposing a change in a ated by A.M.A. Council on Drugs, 1967 SW., Washington, D.C. 20201, written new-drug application should provide for edition, pages 556-561, and in U.S. objections thereto, preferably in quin- no more than one of the following kinds Adopted Names (USAN), Cumulative tuplicate. Objections shall show wherein of changes: List, number 5, 1961-1966, pages 100-105. the person filing will be adversely af­ (i) Revision in labeling; such as, up­ All applicants for new-drug applications fected by the order and specify with dating information pertaining to effects, and sponsors for “Notice of Claimed In­ particularity the provisions of the order dosages, and side effects and contraindi­ vestigational Exemption for a New deemed objectionable and the grounds cations, which include side effects, warn­ Drug” (IND’s) are encouraged to con­ for the objections. If a hearing is re­ ings, precautions, and contraindications. tact the USAN Council for assistance in quested, the objections must state the (ii) Addition of claim. selection of a simple and useful name issues for the hearing. A hearing will be (iii) Revision in manufacturing or for a new chemical entity. Approval of a granted if the objections are supported control procedures; for example, changes new-drug application providing for the by grounds legally sufficient to justify in components, composition, method of use of a new drug substance or a new the relief sought. Objections may be ac­ manufacture, analytical control proce­ antibiotic drug may be delayed if a simple companied by a memorandum or brief dures, package or tablet size, etc. and useful nonproprietary name does in support thereof. (iv) Change in manufacturing facili­ not exist for the substance and if one is Effective date. This order shall become ties. not proposed in the application that effective on the date of its publication in (v) Provision for outside firm to par­ meets the above-cited guidelines. Prior the F e d e r a l R e g is t e r . ticipate in the preparation, distribution, use of a name in the medical literature or packaging of a new drug (new distrib­ or otherwise will not commit the Food (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 ( c ) ( 1 ) ) ~ utor, packer, supplier, manufacturer, and Drug Administration to adopting etc.); one firm per submission. such terminology as official. Dated: March 12,1968. Any number of changes may be sub­ (Secs. 502(e), 508, 701(a), 52 Stat. 1050, as J . K . K i r k , mitted at any one time; but if they fall amended, 1055, 76 Stat. 789, 790; 21’ U.S.C. Associate Commissioner 352(e), 358, 371(a)) into different categories as listed in sub­ for Compliance. divisions (i) through tv) of this subpara­ Dated: March 12,1968. [F.R. Doc. 68-3377; Filed, Mar. 19, 1968; graph, the proposed changes should be 8 :4 8 a .m .] J a m e s L . G o d d a r d , covered by separate communications. Commissioner of Food and Drugs. Where, however, a change necessitates an overlap in categories, it should be [F.R. Doc. 68-3373; Filed, Mar. 19, 1968; SUBCHAPTER C— DRUGS submitted in a single communication. 8 :4 7 a .m .] PART 130— NEW DRUGS For example, a change in tablet potency Submission of Supplemental would require other changes such as in SUBCHAPTER B— FOOD AND FOOD PRODUCTS components, composition, and labeling Applications and should be submitted in a single PART 121— FOOD ADDITIVES No comments were received in response communication. Subpart D— Food Additives Permitted to the notice published in the F e d e r a l [F.R. Doc. 68-3374; Filed, Mar. 19, 1968; in Food for Human Consumption R e g is t e r of January 26, 1968 (33 F .R . 8 :4 8 a jn .] 1020), proposing that the new-drug reg­ M e t h y l G l u c o s id e -C o c o n t jt O i l E s t e r ulation regarding supplemental appli­ The Commissioner of Food and cations (21 C F R 130.9) be amended to PART 1481— NEOMYCIN SULFATE Drugs, having evaluated the data in a limit supplemental applications to es­ Miscellaneous Amendments petition (FAP 6A1992) filed by Hodag sentially one kind of change per commu­ Chemical Corp., 7247 North Central Park nication to expedite the handling of such Pursuant to the provisions of the Fed­ Avenue, Skokie, HI. 60077, and other rele­ applications and to facilitate machine eral Food, Drug, and Cosmetic Act (sec. vant material, has concluded that the processing of the information contained 507, 59 Stat. 4 6 3 , as amended; 21 U.S.C. food additive regulations should be therein. It is concluded that the proposal 357) and under the authority delegateci amended to provide for the safe use of should be adopted without change. to the Commissioner of Food and D r u g s methyl glucoside-coconut oil ester as a Accordingly, pursuant to the provisions by the Secretary of Health, Education, surfactant in molasses. Therefore, pur- of the Federal Food, Drug, and Cosmetic and Welfare (21 CFR 2.120), Part 1481

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4733 is amended as follows or to effect minor 5. Section 148i.l0(a) (1) (v) is revised paragraph (3) (ii) (c) (2) of this para­ editorial or technical changes: to read as follows: graph and $24 for all containers in the sample submitted for any repeat sterility § 1481.1 [Amended] § 148i.l0 Neomycin sulfate-______lotion (the blank being filled in with test, if necessary, in accordance with 1. In § 148i.l Neomycin sulfate, para­ the established nam e(s) of the other § 141.2(f) of this chapter. graph (b) (1) (ii) is amended by changing active ingredient(s) present in ac­ (b) * * * the last two words thereof from “ad­ cordance with paragraph ( a ) ( 1 ) o f (4) Sterility. Proceed as directed in justed suspension” to “ diluted suspen­ this section). § 141.2 of this chapter, using the method sion.” :0rn (a) * * * described in paragraph (e)(1) of that 2. Section 1481.2(a) (3) (i) is revised section, except if the steroid prevents ( 1 ) * * * to read as-follows: (v) Prednisolone sodium phosphate solubilization, use 0.25 milliliter of sam­ ple in lieu of 1 milliliter and proceed as § 1481.2 Neomycin undecylenate. equivalent to 5.0 milligrams of pred­ nisolone phosphate; or directed in paragraph (e) (2) of that (a) * * * section. ♦ * * * * (3) * * * § 148i.l9 [Amended] (i) Results of tests and assays on the 6. Section 148i.14(b) is revised to read as follows: 9. In § 148L19. Neomycin sulfate- batch for potency of neomycin and un- polymyxin B sulfate-acetarsone vaginal decylenic acid, moisture, pH, and iden­ § 148i.l4 Neomycin sulfate-triamcino­ lone acetonide topical aerosol; neo­ suppositories, paragraph (a) (1) is tity. mycin sulfate-dexamethasone topical amended by changing in the third sen­ * * * * * aerosol. tence the figure “3.0” to read “5.0”. 3. Section 148i.4 is amended by revis­ # * * * * 10. Section 148i.22(b) is revised to ing the section title, the introductory text (b) Tests and methods of assay; read as follows : of paragraph (a)(1), and subdivision potency. Proceed as directed in § 148i.l § 1481.22 Neomycin sulfate for prescrip­ (ii) of paragraph (a) (1) to read as (b)(1), except prepare the sample for tion compounding. assay as follows: Spray, according to the * * * * * follows: directions in the labeling, the entire con­ tents of each container to be tested into (b) Tests and methods of assay; po­ § 1481.4 Neomycin sulfate-______tency, toxicity, moisture, pH, and iden­ cream (the blank being filled in with a separate 2-liter Ehrlenmeyer flask held in a horizontal position. Each flask tity. Proceed as directed in § 148i.l(b) the established nam e(s) o f the other (1 ),(4 ),(5 ),(6 ),and (7). active ingredient (s) present in ac­ should be fitted with a suitable cover con­ cordance with paragraph ( a ) ( 1 ) o f taining an opening large enough to per­ * * * * * this section). mit entry of the spray into the flask. Since this order merely effects minor (a) Requirements for certification— Add 500 milliliters of 0.1AT potassium editorial or technical changes in the sub­ phosphate buffer, pH 8.0, to the flask and ject antibiotic drug regulations and (1) Standards of identity, strength, shake to dissolve the contents. Further raises no points of controversy, notice quality, and purity. The drug is neomycin dilute with 0.1 AT potassium phosphate and public procedure and delayed effec­ sulfate and either betamethasone, dex­ buffer, pH 8.0, to the proper, prescribed tive date are not prerequisites to this améthasone sodium 'phosphate, dichlori- reference concentration. The content of promulgation. sone acetate, fluocinolone acetonide, neomycin is satisfactory if it is not less than 90 percent and not more than 130 Effective date. This order shall be ef­ fective upon publication in the F e d e r a l méthylprednisolone acetate, or triam­ percent of the number of milligrams of cinolone acetonide, with or without one neomycin that it is represented to R e g is t e r . or more suitable and harmless emollients, contain. (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. perfumes, dispersants, and preservatives, * * * * * 357) in a suitable cream base. It contains, in § 1481.15 [Amended] Dated: March 12, 1968. each gram, 3.5 milligrams of neomycin 7. In § 148i.l5 Neomycin sulfate- J . K . K i r k , and one of the following; polymyxim B sulfate- * * *, paragraph Associate Commissioner * * * * * (a )(l) (i) is amended by changing the for Compliance. (ii) Dexamethasone sodium phosphate figure “ 1.25” to read “ 1.20”. [F.R. Doc. 68-3375; Filed, Mar. 19, 1968; 8 :4 8 a .m .] equivalent to 1.0 milligram of dexameth­ 8. Section 148i.l8 is amended by revis­ asone phosphate; or ing paragraphs (a) (3) (ii) (c) (2) (a) (4), and (b) (4) to read as follows: ***** PART 148 j— NOVOBIOCIN 4. Section 148i.7(a) (1) (v) is revised§ 1481.18 Neomycin sulfate-polymyxin Miscellaneous Amendments to read as follows: B sulfate-hydrocortisone otic suspen­ sion; neomycin sulfate-polymyxin B Under the authority vested in the Sec­ § I48i.7 Neomycin sulfate-______sulfate-hydrocortisone-sodium hepa­ retary of Health, Education, and Welfare nasal suspension; neomycin sulfate- rin otic suspension. by the Federal Food, Drug, and Cosmetic - — ------nasal solution (the (a) * * * Act (sec. 507, 59 Stat. 463, as amended; blanks being filled in with the estab­ (3) * * * 21 U.S.C. 357) and delegated by him to lished name (s) o f the other active (ii) * * * the Commissioner of Food and Drugs ingredient (s) present in accordance (c) * * * (21 CFR 2.120), Part 148j is amended as ivith paragraph (a ) (1 ) o f this sec­ follows to effect miscellaneous editorial tion). _ (2) For sterility testing: 20 immediate containers, collected at regular intervals and technical changes: (a) * * * throughout each filling operation. 1. In § 148j.l, paragraphs (a) (1) (i) (1) * * * * * * * * and (vii) and (b)(1) (iii) are revised to read as follows: (v) Prednisolone sodium phosphate (4) Fees. $4.00 for each package in the equivalent to 1.0 milligram of pred­ samples submitted in accordance with § 148j.l Sodium novobiocin. subparagraph (3) (ii) (a), (b ), and (d) (a) * * * nisolone phosphate, 2.5 milligrams of (1) * * * ^~®^ykphrine hydrochloride, and 7.5 of this paragraph; $5 for each im­ mediate container submitted in accord­ (i) Its potency is not less than 850 mi­ 1 grams of phenylpropanolamine hy­ ance with subparagraph (3) (ii) (c) (.1) crograms of novobiocin per milligram, drochloride; or of this paragraph; $12 for all contain­ calculated on an anhydrous basis. * * * * * ers submitted in accordance with sub­ * * * * *

No. 55—Pt. I----2 FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4734 RUIES AND REGULATIONS

(vii) Its residue on ignition is not less a. In the fourth sentence of paragraph than 10.5 percent and not more than 12.0 (a ) (1), the portion reading “ (i), (ii), Title 31— MONEY AND percent. (iv), and (vi) ” is changed to read “ (i), * * * * * (ii), (iv), (v), and (vi)’\ FINANCE; TREASURY (b) * * * b. In the last sentence of paragraph Chapter II— Fiscal Service, Depart­ (J,) * * * (b) (1), the words “milligrams that” are ment of the Treasury (iii) Working standard. Dry approxi­changed to read “milligrams of novo­ mately 30 to 50 milligrams of the novo­ biocin that” . SUBCHAPTER A— BUREAU OF ACCOUNTS biocin working standard as described in Since this order effects miscellaneous § 141a.5(a) of this chapter, except use editorial and technical changes in the PART 205— WITHDRAWAL OF CASH drying conditions of 100° C. for 4 hours. subject antibiotic drug regulations and FROM THE TREASURY FOR AD­ Determine the dry weight and dissolve in is noncontroversial in nature, notice and VANCES UNDER FEDERAL PRO­ 2 milliliters of absolute ethyl alcohol. public procedure and delayed effective GRAMS Add sufficient 0.1M potassium phosphate date are not prerequisites to this buffer, pH 7.8 to 8.0, to give a concen­ promulgation. Letter-of-Credit Method of Financing tration of 1,000 micrograms of novobio­ Effective date. This order shall be ef­ Advances cin per milliliter. This stock solution may fective upon, publication in the F e d e r a l To reflect the issuance of a new Treas­ be kept for 30 days when stored under R e g is t e r . ury form (Form TUS 5401) for effecting refrigeration. (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. drawdowns on letters of credit, the first * * * * * 357) sentence of § 205.4(d) of Subchapter A, Chapter II, Title 31 of the Code of Fed­ 2. Section 148j.2(a) (1) (i) is revised to Dated: March 12,1968. read as follows: eral Regulations is amended to read as J . K . K i r k , follows: § 148j.2 Calcium novobiocin. Associate Commissioner § 2 0 5 .4 L e t le r -o f-c r e d it method of (a) * * * for Compliance. * * * financing advances. [F.R. Doc. 68-3376; Filed, Mar. 19, 1968; * * * * * (i) Its potency is not less than 840 mi­ 8 :4 8 a .m .] crograms per milligram, expressed in (d) Drawdowns. Recipient organiza­ terms of novobiocin on an anhydrous tions shall draw on letters of credit by basis. PART 166— DEPRESSANT AND STIM­ issuing a payment voucher, Form TUS * * * * * ULANT DRUGS; DEFINITIONS, PRO­ 5401. $ sis $ & * 3. Section 148j.3(b) (1) is revised to CEDURAL AND INTERPRETATIVE read as follows: REGULATIONS (5 U.S.C.301) Effective date. This amendment shall § 148j.3 Sodium novobiocin tablets. Confirmation of Effective Date of ♦ * * * * become effective upon publication in the Order Listing DOM (STP) as Drug F e d e r a l R e g is t e r . (b) Tests and methods of assay— (1) Subject to Control Potency. Proceed as directed in § 148j.l Dated: March 14, 1968. > (b)(1), except prepare the sample by In the matter of listing the drug DOM [ s e a l ] J o h n K . C a r l o c k , placing a representative number of (STP) as a “depressant or stimulant” Fiscal Assistant Secretary. tablets in a high-speed glass blender with drug within the meaning of section 201 (FR. Doc. 68-3369; Filed, Mar. 19, 1968; sufficient 0.1 M potassium phosphate (v) of the Federal Food, Drug, and Cos­ 8 :4 7 a .m .] buffer, pH 7.8 to 8.0, to give a stock solu­ metic Act because its hallucinogenic tion of convenient concentration. The content of novobiocin is satisfactory if effect: it is not less than 90 percent and not Pursuant to the provisions of the Fed­ Title 32— NATIONAL DEFENSE more than 120 percent of the number of eral Food, Drug, and Cosmetic Act (secs. milligrams of novobiocin that it is rep­ 201(v), 511, 701, 52 Stat. 1055, as Chapter VII— Department of the resented to contain. amended, 79 Stat. 227 et seq.; 21 U.S.C. Air Force * * * * * 321 (v), 360a, 371) and under the au­ SUBSCHAPTER B— SALES AND SERVICES 4. Section 148j.4(b) (1) is revised to thority delegated by the Secretary of PART 813— SCHEDULE OF FEES FOR read as follows: Health, Education, and Welfare to the COPYING, CERTIFYING, AND § 148j.4 Calcium novobiocin-sulfamethi- Commissioner of Food and Drugs (21 SEARCHING RECORDS zole tablets. CFR 2.120), notice is given that no ob­ * * * * * Part 813 is revised to read as follows: jections were filed to the order in the (b) Tests and methods of assay— (1) above-identified matter published in the S ec. Potency. Blend a representative number 813.1 Purpose. F e d e r a l R e g is t e r of February 2 , 1968 of tablets in a high-speed glass blender 813.2 Policy on fees. for 3 to 5 minutes with sufficient absolute (33 F.R. 2511). Accordingly, the amend­ 813.3 Services provided without charge. ment promulgated by that order will be­ 813.4 Reviewing schedule of fees. ethyl alcohol to give a stock solution of 813.5 Schedule of fees. convenient concentration. Proceed fur­ come effective April 2, 1968. A u t h o r it y : The provisions of this Port ther as directed in § 148j.2(b) (1). The (Secs. 201 (v), 511, 701, 52 Stat. 1055, as 813 issued under sec. 8012, 7QA Sta . content of novobiocin is satisfactory if it amended, 79 Stat. 227 et seq.; 21 U.S.C. 488; 10 U.S.C. 8012. is not less than 90 percent and not more 321 (v),360a, 371) than 120 percent of the number of milli­ Source: AFR 11-6, Jan. 28, 1964; AFR grams of novobiocin that it is represented Dated: March 12,1968. 11—6A, June 28, 1965; AFR 11- 6B, O ct. 21, to contain. 1967; AFR 11-6C, Mar. 20, 1968. J . K . K i r k , * * - * * * Associate Commissioner § 813.1 Purpose. § 148j.5 [Amended] for Compliance. This part states the fees collected by 5. Section 148j.5 Calcium novobiocin [F ja . Doc. 68-3378; Filed, Mar. 19, 1968; the Air Force for copying, certifying, and oral suspension is amended: 8 :4 8 a jn .] searching records.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4735

§ 813.2 Policy on fees. member of the Armed Forces to com­ fees are set on a reciprocal basis with a The Air Force collects fees for copying, municate with the addressee regarding foreign country. certifying, and searching records to make the property. (t) Any request from Federal em­ the services as self-sustaining as possible. (g) Any service requested by or on ployees for the accomplishment of forms (The services and fees are listed in behalf of a member or former member applicable to claims for reimbursement § 813.5.) Such services are performed of the Armed Forces, or if deceased, their in connection with Federal Employees only when they are consistent with es­ next of kin, pertaining to requests for: Health Benefit Act of 1959. tablished policy, do not interfere with the (1) Information required to obtain § 813.4 Reviewing schedule of fees. activity’s mission, and can be paid for financial benefits. (2) Document showing membership The schedule of fees will be reviewed out of available funds. Requests for in­ whenever costs change significantly. It formation and copies of records which and military record in the Armed Forces if discharge or release was under honor­ will also be reviewed at least once each require protection in the public interest year to determine whether the Air Force are subject to the provisions of Part 806 able conditions. (3) Information relating to a decora­ should collect a fee for any other services of this chapter and require the review by rendered the public or change or discon­ a responsible official to determine if they tion or award or information required for memorialization purposes. tinue any of the existing fees. Activities can be released to the person requesting concerned will submit their recommen­ them. When the fee can be determined in (4) Review or change in type of dis­ charge or correction of records. dations to Hq USAF (AFDASB). Costs advance, the activity concerned will col­ will be determined or estimated in ac­ lect it before performing the service. (5) Personal documents, e.g., birth certificates, when such documents were cordance with cost standards established However, exceptions will be made for in Part 812. urgent requests. required to be furnished by the indi­ vidual. § 813.5 Schedule of fees. §813.3 Services p r o v id e d w ith o u t (h) Those services which are fur­ charge. nished free in accordance with statutes This schedule applies to authorized When requests for the following types or Executive orders. services related to copying, certifying, of services are received from the sources (i) Any service furnished relating to and searching of records rendered by Air specified fees will not be collected: (The or in furtherance of the Armed Forces Force activities. term “Armed Forces” includes the Air recruiting programs and any service- Requests involving: Force, Army, Navy, Marine Corps, and furnished representatives of public in­ 1. Training and education: their civilian components.) formation media or the general public in a. Transcripts: Original copy ______^ ______$ 1 .0 0 (a) Any service requested by members the interest of public understanding of Each additional copy ______.5 0 of the Armed Forces when the document the Armed Forces. (Includes requests for tran­ or information requested is required by (j) Any service involving confirmation scripts of graduation from mili­ such personnel in their capacity as mem­ of employment or salaries of active or tary academies and schools.) bers of the Armed Forces of the United separated civilian or military personnel b. Certificates: States. when requested by prospective employers O rig in a l c o p y ______$0. 50 (b) Any service requested by members or recognized sources of inquiry for Each additional copy ______.2 5 (Includes requests for trans- of the Armed Forces who are in a cas­ credit or financial purposes. cates, verification of attendance, ualty status or by their next of kin or (k) Any service requested by and fur­ and course com pletion from service legal representatives; and requests for nished to a member of Congress for offi­ schools and other facilities.) information from any source relating to ciai use. 2. Medical and dental records of civilians a casualty. (l) Any service requested by a State, (covers requests for information from or (c) Any service requested by members territorial, county, or municipal govern­ copies of medical records, including clinical (or retired members) of the Armed records, outpatient records, dental records, ment or an agency thereof which is and loan of X-rays). Forces for copies of or information from carrying on a function related to or in a. Up to and including two type­ their own medical or dental records. furtherance of an objective of the De­ written or two reproduced pages. $2. 50 (d) Information from or copies of partment of Defense. b. Each additional typewritten page. 1.25 medical and dental records and/or X - (m) Any service requested by a court c. Each additional photo copy ______. 25 ray films of patients or former patients when furnishing this service will serve as d. Loan of each X-ray ______1. 00 of military medical or dental facilities a substitute for personal court appear­ 3. Medical and dental records of uniformed when the information is required for ance of a military or civilian employee of services personnel and their dependents further medical or dental care and re­ when request is received from other than the Department of Defense. member or his dependent (covers requests quests for such data are submitted by an (n) Any service requested by a non­ for information from or copies of medical accredited medical facility, physician, or profit organization which is carrying on records, including clinical records, outpa­ dentist, or requested by the patient, his a function related to or in furtherance of tient records, dental records, and loan of next of kin, or legal representative. an objective of the Fédéral Government X -r a y s ) : (e) Any service requested by members or in the interest of public safety, health, a. Up to an including two type­ (or retired members) of the Armed and welfare. written or two reproduced forces or their dependents for copies of p a ges ------$ 2 .5 0 (o) Any service requested when the b. Each additional typewritten page. 1.25 or information from the medical or cost of such services ultimately would be c. Each additional photo copy ____ _ . 25 dental records of such dependents. charged to the Federal Government. d. Loan of each X-ray ______1. 00 (f) The address of record of an active (p) Any service requested by donors 4. Military membership and record: duty member or former member of the regarding their gifts. a. Address of record, each ______$ l. 50 Armed Forces of the United States when (q) Any request which results in an b. Certificate in lieu, statement of furnished informally through unsuccessful search of records other than verification of service, or report ocal directory (locator) reference, when requests to determine the existence or of separation, each ______2 . 50 equested by a member (or retired mem- nonexistence of a record. c. Copy or extract of order or other of the Armed Forces of the United (r) Requests for service which are oc­ records (excludes medical, den­ Hv * or a r®tetlte or legal représenta­ casional and incidental (including any tal, and X-ray records), each __2. 25 t if tt a.xmember of the Armed Forces of request from a resident of a foreign d. Furnishing information on deco­ rations and awards to service rpp™.Yni*ie(* Spates, or the address of country), not of a type that is requested organizations ______2.00 nrMv guested by any source when the often, if it is administratively determined wnrlGSS ls required to pay monies or for- that a fee would be inappropriate in such 5. Claims and litigations: mp *vi>roperty to a member or former an occasional case. a. Requests from litigants pretaining to (s) Any request when the furnishing private litigation (if not covered in para­ Uniti?rQt>f* the Armed Forces of the graph 2 or 3 above): smicrtit States, or when the address is of the service without charge is an appro­ (1) Searching per hour or frac­ nrnrLvf by a custodian or manager of priate courtesy to a foreign country, in­ tion thereof (includes overhead P rty owned by a member or former ternational organization, or comparable co s ts) ______$3. 00

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4736 RULES AND REGULATIONS

(2) Processing per hour (minimum Cytologist, Animal______041.081 ch a r g e y2 h o u r ) ______:______3. 00 Title 32A— NATIONAL DEFENSE, D e n tists ______072. (3) Each photo copy.______.2 5 Food and Drug Inspector (Govern­ (4) Certification and validation m e n t S e r v ic e )______168.287 with seal, each ______. 75 APPENDIX Health Physicist______079.021 (5) Certification and validation Chapter I— Office of Emergency Hearing Clinician ______079.108 w it h o u t "seal, e a c h ______. 50 Helminthologist ______041.081 Planning Histologist __„ ______041.181 b. Requests pertaining to cases in which Histopathologist ______041.181 the United States is a party and where court DMO 8540.1— HEALTH MANPOWER Hospital Administrator ______187.118 rules provide for reproduction of records OCCUPATIONS Hygienist, Dental______. 078.368 without cost to the Government: Immunologist ______041.081 (1) Searching per hour or frac­ Amendment of List Instructor of Blind ______079.228 tion thereof (includes overhead Pursuant to Executive Order No. 11001, Librarian, Medical-Record (Medical co s ts) ______l ______$ 3 .0 0 S e r v i c e ) ______100.388 (2) Processing per hour (minimum a list of health manpower occupations Medical Assistant______, 079.368 ch a r g e y2 h o r n ) ______3. 00 was prepared in the Department of Labor Medical Laboratory Assistant______078.381 (3 ) E a c h p h o t o c o p y ______.2 5 and the Department of Health, Educa­ Microbiologist ______041.081 (4) Certification and validation tion, and Welfare and was issued by the M i d w i f e ______354. 878 with seal, each ______. 75 Director of the Office of Emergency N u rse A id (M e d ica l S e r v ic e )______355.878 (5) Certification and validation Planning as an annex to Defense Mobili­ Nurse, Licensed Practical______079.378 without seal, each ______. 50 zation Order 8540.1 on March 11, 1964 Nurses, Registered ______075. c. Furnishing information from in­ (29 F.R. 3474; 32A CFR, Chap. 1). That O p t o m e t r is t ______079.108 vestigative reports, such as au­ list identified health manpower occupa­ Orderly (Medical Service)______355.878 tomobile collision investigations Orderly, Surgical______- ______079.378 and safety reports (includes tions in terms of occupational titles and Orthopedic Specialist______:______079.108 searches, overhead, analysis, code numbers appearing in the second Orthoptist ______079.378 and preparation of report, per edition of the Dictionary of Occupational Osteopathic Physician ______071.108 hour) (minimum charge y2 Titles of the Department of Labor. Since P a ra sito lo g ist, M e d ic a l______041.081 h o u r ) ______$3. 00 that time the Department of Labor has P h a r m a c is t ______074.181 issued a third edition of that dictionary. Pharmacologist ______041.081 6. Charges for additional services not Physicians and Surgeons ______070. specifically provided above and consistent The list published herewith reflects Physiologist, Animal______041.081 with provisions of this part and Part 812: health manpower occupational titles and P h y sio lo g ist, M e d ica l______041.081 code numbers appearing in the third edi­ a. Searching per hour or frac­ P o d i a t r i s t ______079.108 tion thereof (includes overhead tion of the dictionary, and supersedes the Prosthetist-Orthotist (S u rg ica l Appliances) ____1______078.368 c o s ts ) ______— $3. 00 list published as an annex to DMO 8540.1 P r o to z o o lo g is t ______- 041.081 b. Processing per hour (minimum in 29 FJR. 3474 on March 18, 1964. No Psychologist, Clinical______045.108 ch a r g e y2 h o u r ) ------3. 00 textural changes in DMO 8540.1 are be­ Public-Health Bacteriologist______041.281 c. Each photo copy ------.2 5 ing made. The occupational titles used in Public Health Engineer______.— 005.081 d. Certification and validation with the list published herewith were selected Sanitarian (P rofession a l and seal, e a ch ______. 75 on the basis that they are the same as, K in d r e d ) ______079.118 e. Certification and validation with­ or the equivalent of, titles in the exist­ out seal, each______.5 0 Sanitary Engineer______005.081 ing list. To make the list more useful, cer­ S e r o l o g i s t ______041.081 7. Photography. (See Part 811 for fees ap­ tain alternate or related titles have been Sewage-Disposal Engineer______- 005.081 plicable to still picture services and Part included but this has been done on a se­ 810 for those pertaining to motion picture Social Worker, Medical (Professional lective basis in order to keep the list as and Kindred) ______195.108 photography.) concise as possible and to avoid repetitive 8. Copies of military personnel records Social Worker, Psychiatric (Profes- releasable under AFR 31-6 (Releasing Infor­ terminology. The skills identified in the sional and Kindred) ______195.108 mation From, and Providing Access to Mili­ List of Health Manpower Occupations Speech and Hearing Clinician ------079.108 tary Personnel Records), reproduced for the set forth below are those which will be Speech Pathologist______079.108 personal use of members and former mem­ immediately required for the provision of Superintendent, Hospital______187.118 bers of the Air Force. Each side of a docu­ essential emergency public health and Technicians: ment is considered one image. Official medical services. Audiometrie Technician ------078.368 requirements for copies of records as pre­ Blood-Bank Technician ______078.381 scribed by pertinent regulations are not Dated: March 14,1968. Cytotechnician ______078.381 subject to charge. For example, records re­ P r ic e D a n i e l , Dental-Laboratory Technician ------712.381 quired for board, court-martial, or similar Director, Dental Technician ______712. 381 type action. Office of Emergency Planning. Electrocardiograph Technician— 078. 368 a. Minimum charge (up to six re- Electroencephalograph List of Health M anpower Occupations 1 produced images)------$1. 50 T e c h n i c i a n ______078. 368 b . E a c h a d d itio n a l im a g e ------.2 5 Dictionary of Occu­ H ea rin g T e s t T e c h n ic ia n ------078.368 pational Titles, Hematology Technician ------078.381 9. Publications and forms. Requestors D epa rtm en t o f will be furnished only one copy of each form Laboratory Technician, Labor, Third Edi- V e te r in a r y ______073.381 or publication requested. Charges will be as Occupational title tion, Code No. 078.381 fo llo w s : Medical Technician ______- Administrator, Hospital______187.118 079. 378 a. Shelf stock: Obstetrical Technician ______- A n a to m ist ______041. 081 079.378 (1) Handling and processing, per Operating Room Technician ------Audiologist ______.______0 7 9 .10 8 712. 381 copy furnished ______$1. 00 O r th o d o n tic T e c h n ic ia n ------Audiometrist ______0 7 8 .3 6 8 Orthopedic-Appliance-and-Ldmb (2) Each printed page ______.0 1 B a c te r io lo g is t ______;______041 .08 1 T e c h n i c i a n ______712.281 b. Office copy reproduction (when shelf B a c te r io lo g is t, D a iry ______041 .08 1 Orthoptic Technician ------079.378 stock is not available) Bacteriologist, Fishery ______041 .08 1 Oxygen-Therapy Technician ------079.368 Bacteriologist, Food ______0 41.081 078. 381 (1) Minimum charge (up to six re­ Serology Technician ______Bacteriologist, Medical______0 41.081 079. 378 p r o d u c e d p a g e s )______$1. 50 Surgical Technician ------Bacteriologist, Pharmaceutical______041. 081 078.381 (2) Each additional page ______. 25 Tissue Technician ______Bacteriologist, Public Health ______041.281 Technologists: By order of the Secretary of the Air B io c h e m i s t ___ 2______0 41.081 B io c h e m istry T e c h n o lo g is t------978. Force. B io p h y s ic i s t ______041. 081 Blood-Bank Technologist------97°- ^ Chemist, Biological______041 .08 1 L u c i a n M . F e r g u s o n , Cytotechnologist ------" " T ^ Colonel, U.S. Air Force, Chief, Chemist, Clinical______0 41.081 Hematology Technologist------® Chemist, Enzymes______041 .08 1 Histopathology Technologist------978. _ _ Special Activities Group, Chemist, Pharmaceutical.______0 4 1 .0 8 1 Office of The Judge Advocate Medical Technologist ------° 78' Chemist, Proteins ______0 41.081 Medical Technologist, „„„ oa1 General. Chemist, Steroids ______0 41.081 Bacteriology __! ______— 078.281 Chiropodist ______* ______0 7 9 .1 0 8 {FJt. Doc. 68-3387; Filed, Mar. 19, 1968; Medical Technologist, oa1 8 :4 9 a .m .] See footnote at end of document. C h e m is t r y ------078. 2»

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4737

Medical Technologist, amend the regulations if and when Au th o r ity : The provisions of this Sub- H is to lo g y ------— 078.381 necessary in the public interest. part A issued under R.S. 4233, as amended, 28 Stat. 647, as amended, 30 Stat. 98, as Microbiology Technologist------078. 281 2. The purpose of this document is to Nuclear Medical Technologist------078. 381 amended, sec. 6(g) (1), 80 Stat. 940; 33 U.S.C. Radioisotope Technologist------078. 381 establish and describe a special anchor­ 180, 258, 322, 49 U.S.C. 1655(g)(1); 49 CFR Radiologic Technologist------078. 368 age area in the Kennebec River at 1 .4 ( a ) ( 3 ) . Gardiner, Maine, as described in 33 CFR Serology Technologist____ ;______078. 281 6. The authority note for Subpart B is Tissue Technologist______078. 381 110.3a below, which shall be effective on amended by deleting reference to De­ X -ray T e c h n o lo g is t______078 .36 8 and after 30 days after the date of pub­ Therapists: - - „ S partment of Transportation Order 1100.1 lication of this document in the F e d e r a l In h alation T h e r a p is t______079 .36 8 so that it reads as follows: R e g is t e r . Thereafter, vessels not more Occupational Therapist______0 7 9 .12 8 Au th o r ity : The provisions of this Sub­ Orientation Therapist for the than 65 feet in length, when at anchor in such special anchorage area, shall not part B issued under sec. 7, 38 Stat. 1053, as B lin d ______— _ 079 .22 8 amended, sec. 6(g) (1), 80 Stat. 940; 33 U.S.C. Physical Therapist-______079. 378 be required to carry or exhibit anchor 471, 49 U.S.C. 1655(g)(1); 49 CFR 1.4(a)(3). Physiotherapist______079. 378 lights or shapes (day signals). V eterin arian s2 ______073. 3. By virtue of the authority vested in Dated: March 14, 1968. Virologist ______041.081 me as Commandant, U.S. Coast Guard, P. E. T r i m b l e , 1 Includes students, trainees, and interns by section 632 of title 14, United States Vice Admiral, U.S. Coast Guard, whose training or education leading to any Code, and the delegation of authority in Acting Commandant. of the indicated skills is sufficiently advanced 49 CFR 1.4(a) (3) to prescribe rules and to qualify them to contribute to the technical [F.R. Doc. 68-3338; Filed, Mar. 19, 1968; tasks of providing health services. regulations in the performance of certain 8 :4 6 a .m .] 2 Though current planning provides that functions, powers, and duties under laws many veterinarians be utilized in casualty transferred by subsection 6(g) (except care and preventive m edicine activities in the those provisions of laws relating gener­ [CGFR 68-3] immediate postattack period, veterinarians ally to the reasonableness of tolls) of the PART 110— ANCHORAGE will continue to be needed to perform services Department of Transportation Act, Part of a strictly veterinary nature after most of 110 is amended by inserting after § 110.3 REGULATIONS the human casualties have been cared for a new § 110.3a reading as follows: temporarily. Such veterinary activities will Special Anchorage Areas; Mystic include protection of food animals against § 110.3a Kennebec River at Gardiner, Harbor, Conn. diseases and the effects of atomic, biological, Maine. and chemical warfare; meat and poultry in­ 1. Noank Shipyard, Inc., of Noank, spection and supplementing food inspection (a) The area comprises that portion Conn., by letter dated January 6, 1967, forces for certain food processing plants, and of the waterway on the westerly side of requested the establishment of a special food storage facilities. the river beginning at a point on the anchorage area in Mystic Harbor at [F.R. Doc. 68-3325; Filed, Mar. 19, 1968; shoreline at latitude 44°10'20.5", longi­ Noank, Conn. A public notice dated Jan­ 8 :4 5 a .m .] tude 69°45'32"; thence due east to a uary 20, 1967, was issued by the Chief, point at latitude 44°10'20.5", longitude Operations Division, U.S. Army Engineer 69°45'26",‘ thence northeasterly to a Division, New England Corps of Engi­ point at lattiude 44°10'25", longitude neers describing the proposed special Title 33— NAVIGATION AND 69°45'23"; thence northerly to a point anchorage area. All known interested at latitude 44°10'33", l o n g i t u d e parties were notified and requested to NAVIGABLE WATERS 69°45'22"; thence due west to a point on comment on the proposal. The applicant the shoreline at latitude 44°10'33", has indicated that in order to alleviate Chapter I— Coast Guard, Department longitude 69645'24"; and thence gen­ pollution problems sanitary facilities will of Transportation erally southwesterly along the shoreline be provided ashore and the moored boats to the point of beginning. SUBCHAPTER I— ANCHORAGES will not be lived upon. The anchorage (b) The following requirements shall will be at least 50 feet from the limits of [CGFR 68-2] govern this special anchorage area: the dredged channel and will not ad­ PART n o —ANCHORAGE (1) The area will be principally for versely affect general navigation. After REGULATIONS use by yachts and other recreational consideration of all comments submitted craft. in response thereto, the request is Special Anchorage Areas and (2) Temporary floats or buoys for granted and the establishment of a spe­ Anchorage Grounds marking anchors will be allowed, but cial anchorage area as described in 33 fixed piles or stakes are prohibited. All CFR 110.50d below is granted, subject to The city manager of Gardiner, the right to change the requirements and Maine, ky a letter dated December 5, moorings shall be so placed that no vessel when anchored shall at any time to amend the regulations if and when 1966, requested the establishment of a necessary in the public interest. special anchorage area in the Kennebec extend beyond the limits of the area. (3) The anchoring of vessels and the 2. The purpose of this document is to Wiver at South Gardiner, Maine. A public establish and describe a special anchor­ notice dated February 28,1967, was issued placing of the temporary moorings shall be under the jurisdiction and at the dis­ age area at Mystic Harbor, Conn., as de­ oy the Chief, Operations Division, Engi­ scribed in 33 CFR 110.50d below, which neer Division, New England, U.S. Army cretion of the local harbor master, Gardiner, Maine; shall be effective on and after 30 days orps of Engineers, describing the pro- after publication of this document in the ?ased special anchorage area. All known 4. The authority note following § 110.1 F e d e r a l R e g is t e r . Thereafter, vessels not ini ^ Parties were notified and re­ is amended by deleting reference to De­ more than 65 feet in length, when at quested to comment on the proposal. At partment of Transportation Order 1100.1 anchor in such special anchorage,, shall in no commercial navigation occurs so that it reads as follows: not be required to carry or exhibit anchor f . y Portion of the Kennebec River at § 110.1 General. lights or shapes (day signals). nn„vrner’ Maine, where the special * * * * * 3. By virtue of the authority vested in F«rT°1u'ge area he established. The me as Commandant, U.S. Coast Guard, m " ™ ec. River is used by small and (R.S. 4233, as amended, 28 Stat. 647, as amended, 30 Stat. 98, as amended, sec. 7, 38 by section 632 of Title 14, United States nn *Um sized boats and no adverse effect Stat. 1053, sec. 6(g) (1), 80 Stat. 940; 33 U.S.C. Code, and the delegation of authority in

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4738 RULES AND REGULATIONS is amended by inserting after § 110.50c a 3. By virtue of the authority vested in [CGFR 68-27] § 110.50d which shall read as follows and me as Commandant, U.S. Coast Guard, PART n o — ANCHORAGE be effective on and after 30 days after by 14 U.S.C. 632 and the delegation in publication of this document in the 49 CFR 1.4(a) (3) of the Secretary of REGULATIONS F e d e r a l R e g i s t e r : Transportation under 49 U.S.C. 1655 Hampton Roads, Va., Anchorage (g) (1), the texts of § 110.214(a) (10), and § 110.50d Mystic Harbor, Noank, Conn. Grounds; Correction § 110.214(a) (11) are amended to read (a) The area comprises that portion of as follows below; and a new section 1. The revised description of An­ the harbor off the easterly side of Morgan § 110.214(a) (12) is inserted after chorage G in the James River in 33 C F R Point beginning at a point at latitude § 110.214(a) (11), each to become effec­ 110.168(b) (1) was published in the F ed­ 41019'15” , longitude 71°59T3.5"; thence tive on and after 30 days after publica­ e r a l R e g is t e r of February 1, 1968 (33 to latitude 41°19'15", longitude 71°59'- tion of this document in the F e d e r a l F.R. 2447). The fourth and eighth co­ 00"; thence to latitude 41°19'02.5", R e g is t e r . ordinates are wrong and the purpose of longitude 71°59'00"; thence to latitude this document is to change them from 41°19'06", longitude 71°59'13.5"; and § 110.214 Los Angeles and Long Beach Harbors, Calif. “latitude 36°57'32.1", longitude 76°25'- thence to the point of beginning. 56",” to “latitude 36°59'08", longitude (b) The following requirements shall (a) The anchorage grounds * * * 76°27'56'\” and from “latitude 35°57'- govern this special anchorage area: * * * * * 09.8", longitude 76°24'51.9",” to “lati­ (1) The area will be principally for use (10) Explosives Anchorage No. 2 tude 36°57'09.8", longitude 76°24'- by yachts and other recreational craft. (Long Beach Harbor). An elliptical 51.9";” respectively. (2) Temporary floats or buoys for shaped area with two (2) mooring points 2. By virtue of thé authority vested marking anchors will be allowed but fixed within Anchorage E. An easterly moor­ in me as Commandant, U.S. Coast piles or stakes are prohibited. All moor­ ing point with a radius of 1,350' and its Guard, by 14 U.S.C. 632 and the delega­ ings shall be so placed that no vessel, center at latitude 33°40'42", longitude tion in 49 CFR 1.4(a) (3) of the Secretary when anchored, shall extend beyond the 118°09'01", and a westerly mooring point of Transportation under 49 U.S.C. 1655 limits of the area. with a radius of 900' and its center (g)(1), the text of § 110.168(b) (1) is (3) The anchoring of vessels and the at latitude 33°43'49", longitude amended to reflect the above>corrections placing of temporary moorings shall be 118°09'33". and reads as follows: under the jurisdiction and at the discre­ (11) Explosives Anchorage No. 1 § 110.168 Hampton Roads, Va., and ad­ tion of the local harbor master, Noank, Safety Zone (Long Beach Harbor). jacent waters. Conn. When an explosives anchorage is occu­ He * * * * pied by a vessel carrying, loading, or un­ (R.S. 4233, as amended, 28 Stat. 647, as (b) James River— (1) Anchorage G. amended, 30 Stat. 98, as amended, sec. 6 (g ) loading explosives, a circular safety zone (1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 49 surrounding the explosives anchorage of Beginning at the mouth of the river U.S.C. 1655(g)(1); 49 CFR 1.4(a)(3)) 600 yards or of 1,000 yards in width, as opposite Newport News, east of a line running from Barrel Point, latitude 36° Dated: March 14,1968. the Captain of the Port may determine, may be declared by the Captain of the 54'5R" longitude 76°28'51"; thence P. E . T r i m b l e , Port to be a forbidden anchorage in the across the mouth of Batten Bay to Candy Vice Admiral, U.S. Coast Guard, interests of port security and commerce. Island, latitude 36°56'18"; longitude Acting Commandant. Vessels within such circular safety zone, 76°29'05"; and shoreward of a line be­ ginning at Fishing Point, latitude 36° [F.R. Doc. 68-3339; Filed, Mar. 19, 1968; upon being notified by the Captain of the 8 :4 6 a .m .] Port to move or shift position, shall be 57'50", longitude 76°29'38"; thence to under way at once or signal for a tug and latitude 36°59'08", longitude 76°27'56"; change position as directed with reason­ thence to latitude 36°58'37", longitude [CGFR 68-9] able promptness. 76°26'41"; thence to latitude 36°57'50", longitude 76°26'04"; thence to latitude PART n o — ANCHORAGE (12) Explosives Anchorage No. 2 36°57'32.1", longitude 76°25'40"; thence REGULATIONS Safety Zone (Long Beach Harbor). When to latitude 36°57'09.8", longitude 76°24' this explosives anchorage, consisting of Anchorage Grounds; Los Angeles 51.9"; thence to latitude 36°56'44", two moorings, is occupied by a vessel or longitude 76°24'18.5"; thence to latitude and Long Beach Harbors, Calif. vessels carrying, loading or unloading 36°56'44", longitude 76°25'05.7"; thence explosives, a circular or elliptical safety 1. The Commandant, 11th Naval (to latitude 36°55'52.5", longitude 76° zone surrounding the explosives moor­ 25'09.5"; thence to latitude 36°54'00" District, by letter dated December 23, ings of 5,130 feet from the easterly cen­ 1966 requested a change in the location ter of the anchorage, or 3,430 feet from longitude 76°28'59". of Explosives Anchorage No. 2 in Long the westerly center of the anchorage, or * * * * * Beach Harbor and the regulations per­ a combination of both if both moorings (Sec. 7, 38 Stat. 1053, as amended, sec. 6(g) taining thereto. A public notice dated are occupied, may be declared by the (1); 80 Stat. 940; 33 US.C. 471, 49 U.S.C. January 25, 1967, was issued by the Captain of the Port to be a forbidden 1655(g)(1); 49 CFR 1.4(a) (3)) Deputy District Engineer, U.S. Army anchorage in the interests of port security Dated: March 14,1968. Engineer District, Los Angeles Corps of and commerce. Vessels within such cir­ P. E. T r im b l e , Engineers describing the proposed cular safety zone (also referred to as changes. All known interested parties Vice Admirai, U.S. Coast Guard, the transient zone), upon being notified Acting Commandant. were notified and no objection was re­ by the Captain of the Port to move or ceived. Therefore, the request is granted shift position, shall get under way at [F .R . D o c . 6 8-3341; F iled , M ar. 19, 1968; and Explosives Anchorage No. 2 in Long 8 :4 6 a jn .] Beach Harbor is relocated as described once or signal for a tug and change posi­ in 110.214(a) (10) below; 110.214(a) (11) tion as directed with reasonable is amended to describe the Safety Zone promptness. for Explosives Anchorage No. 1 only; (b) Regulations. Title 47— TELECOMMUNICATION * * * * * and a new § 110.214(a) (12) is added to Chapter I— Federal Communications describe the Safety Zone for Explosives (Sec. 7, 38 Stat. 1053, as amended, sec. Anchorage No. 2. 6(g) (1), 8 Stat. 940; 33 U.S.C. 471, 49 U.S.C. Cômmission 2. The purpose of this document is to 1655(g) (1); 49 CFR 1.4(a) (3)) [Docket No. 16297; FCC 68-275] relocate Explosives Anchorage No. 2 in Dated: March 14,1968. PART 1— PRACTICE AND PROCEDURE Long Beach Harbor; to amend § 110.214 P. E. T r i m b l e , Elimination of Interim Ship Station Li­ (a) (11) to describe a Safety Zone for Vice Admiral, U.S. Coast Guard, Explosives Anchorage No. 1 only; and to censing in Maritime Mobile Service add a new paragarph, § 110.214(a) (12), Acting Commandant. to describe a Safety Zone for Explosives [F.R. Doc. 68-3340; Filed, Mar. 19, 1968; Report and order. In the of Anchorage No. 2. 8 :4 6 a .m .] amendment of Parts 0, 1, 83, and oo

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4739 the Commission’s rules to eliminate in­ ment Co. elaborated on its position by Applications for ship radio station li­ terim ship station licensing in the Mari­ asserting that the regular ship license cense when accompanied by a re­ time Mobile Service, Docket No. 16297. fee was too high as compared with other quest for an interim station license- 13 1. A notice of proposed rule making governmental authorizations and that * * * * * in the above-captioned matter was re­ the C o m m i s s i o n should be able to [F.R. Doc. 68-3362; Filed, Mar. 19, 1968; leased November 18, 1965, and published markedly decrease the cost of regular 8 :4 7 a .m .] in the F ederal R egister on November 23, licensing. 1965 (30 F.R. 14564). The Commission 5. With certain exceptions, the filing [RM-1242; FCC 68-291] therein proposed to amend its maritime fee for license applications in the Safety rules to delete those sections which per­ and Special Radio Services, including PART 73— RADIO BROADCAST mit the filing of requests for interim ship those for ship station license, was pre­ SERVICES radio station licenses. In response to that scribed at $10 by the Commission after notice, comments were filed by 38 parties exhaustive consideration in a rule mak­ Memorandum Opinion and Order who objected to the proposed rule ing proceeding in Docket No. 14507. In Regarding AM, FM, and TV Pro­ changes. The parties asserted that in­ that proceeding it was proposed to es­ gram Log Rules terim licensing of ship radio stations was tablish a filing fee of $20 for a ship sta­ In the matter of amendment of necessary to them for safety, operational, tion application. The Commission re­ economic and convenience reasons. §§ 73.112, 73.282, and 73.670, the respec­ duced this amount to the present $10 fee tive AM, FM, and TV “program log” 2. A further notice of proposed rule for a 5-year license. This fee has been making in this matter was released July rules, RM-1242. determined to be fair and equitable and 1. The National Association of Broad­ 14, 1967, and was published in the F ed­ we see no reason to reduce it at this eral R egister on July 20, 1967 (32 F.R. casters on January 17, 1968, filed a peti­ time. Moreover, the suitability of the tion for rule making seeking revision of 10663). The dates for filing comments regular filing fee for ship radio station and replies thereto have passed. This the program log rules for standard license applications is not within the broadcast stations (§ 73.112) and FM further notice did not propose that the scope of this proceeding. The proposal interim licensing service be discontinued broadcast stations (§ 73.282) to conform by the Marine Electronics Dealers Asso­ to the program log requirements for tele­ in view of its wide utilization by the ciation of Florida that the Commission boating public and in recognition of the vision broadcast stations (§ 73.670). delegate authority to electronic dealers 2. The Commission had adopted new adverse affect on the maritime com­ to issue interim ship radio station li­ munity as asserted by the 38 parties who logging rules for AM and FM effective censes is considered to . be not legally December 1, 1965 (Report and Order in responded to the notice released Novem­ feasible. The Commission is not author­ ber 18, 1965. However, since granting of Docket No. 14187, 1 FCC 2d 449) concur­ ized to delegate this function to private rently with the adoption of a new AM an interim license involves extra service individuals. and special processing at additional ex­ and FM program form (Section IV-A— 6. It has been determined that the statement of program service) filed as pense to the Commission, it was proposed processing and granting of an applica­ that this cost be borne by the users by part of applications for renewal, assign­ amending section 1.1115 of the rules to tion for an interim ship radio station ment and transfer of control, new sta­ specify a fee of $13 instead of $10 for a license results in additional effort by tions, and major changes in facilities. .ship station license application where Commission personnel and provides See Report and Order in Docket No. interim authority is also sought. extra service for some applicants. It is 13961; 1 FCC 2d 439. Because it became 3. Comments to the further notice of considered that the fee of $3 is an appro­ apparent that certain requirements of proposed rule making were filed by Karr priate charge to reflect the additional the AM-FM logging rules were not neces­ Electronics Corp., Marine Electronics costs and benefits. sary for the preparation of the program Dealers Association of Florida, North­ 7. In view of the foregoing: It is reporting form or for other Commission west Instrument Co., Southern Cali­ ordered, Pursuant to sections 4(i) and purposes, the logging rules for TV, ef­ fornia Marine Radio Council, and North 303 (r) of the * Communications Act of fective December 1, 1966, differed from Pacific Marine Radio Council, Inc. No 1934, as amended and Title V of the In­ those previously adopted for AM and FM. reply comments were filed. dependent Offices Appropriation Act of See Report and Order in Docket No. 4. Karr Electronics Corp. did not op­ 1952, 65 Stat. 290, and Bureau of the 14187, 5 FCC 2d 185; see also Report and pose the proposed rule change and ex­ Budget’s Circular A-25 of September 23, Order in Docket No. 13961, 5 FCC 2d 175, pressed the opinion that the proposed 1959, that § 1.1115 of the Commission’s dealing with the television program form additional cost where interim authority rules is amended as set forth below, (Section IV-B). is sought is both fair and reasonable and effective April 22,1968. 3. Meanwhile, experience under the that the user would have no objection to 8. It is further ordered, That this pro­ logging rules generally has disclosed that paying a slight premium for this privi­ ceeding is terminated. clarification in some respects are appro­ lege. The Southern California Marine priate. A number of licensees and their Radio Council acknowledged that in­ (Secs. 4, 303, 4aStat., as amended 1066, 1082; representatives, under apparent mis­ 47 U.S.C. 154, 303; sec. 5, 65 Stat. 290, 5 U.S.C. terim licensing involves extra service by 140; Budget Bureau Circular A-25, Sept. 23, apprehension as to the intent of the tele­ the Commission and that the proposed 1959) vision logging rules, have raised ques­ fee is not unreasonable but that the tions about paragraph (b) of § 73.670 Council could not favor increasing the Adopted: March 13,1968. and subpart (ii) of § 73.670(a) (2). These tee. The Marine Electronics Dealers As­ Released: March 15,1968. should be clarified. sociation of Florida did not favor the 4. Paragraph (b) of § 73.670 provides Proposed fee increase and proposed in­ Federal Communications that stations carrying network programs Commission,1 stead that the Commission authorize es­ need log only the name of the program tablished marine electronics dealers to [seal] Ben F. W aple, and time the station joins and leaves the Uterini ship station licenses. The Secretary. network (along with whatever nonnet­ «orth Pacific Marine Radio Council, Inc., In § 1.1115, a new fee category is added work matter is required to be logged), Ü e Northwest Instrument Co. did with the networks to supply, for the com­ ot disagree with the concept that a fee in paragraph (a) to be inserted just be­ posite week, other necessary information *erential was warranted where an in- fore the last listed fee as follows: such as number and length of com­ fe &fe° sought but asserted § 1.1115 Schedule o f fees for Safely and mercial messages. This section also states at this could be accomplished by con- Special Radio Services. that the information furnished by the rìr^mn + fee ior that service at the (a) * * * network is to be retained by the station ilia vlD and reducing the fee for reg- and attached to the related pages of the |. * application where an interim license program log. In adopting this rule, we °t requested. The Northwest Instru- 1 Commissioner Wadsworth absent. intended only that the information to be

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4740 RULES AND REGULATIONS furnished by a network to its affiliates having caused more confusion than the hour) or the duration of each com­ for completion of their composite week clarification. mercial message (commercial continuity be associated with the pertinent logs sub­ (c) Deletion of paragraph (a) (2) (iii) in sponsored programs, or commercial mitted with the application for license and concomitantly redesignating what announcements) in each hour. See Note renewal. Licensees otherwise are not re­ is now paragraph (a) (2) (iv) as (a) (2) 5 at the end of this section for statement quired to associate with the logs the in­ (iii). as to computation of commercial time. formation almost daily furnished by its (d) Adding to Note 3 at the end of (iii) An entry showing that the appro­ network. §§ 73.112 and 73.282 the parenthetical priate announcement (s) (sponsorship, 5. Section 73.670(a) (2) (ii), which language in § 73.670’s Note 3. Editorial furnishing material or services, etc.) have calls for an entry showing the total dura­ changes are hereby made in Note 3 of been made as required by section 317 of tion of commercial matter in each hourly § 73.670 and paragraphs (a) and (b) the Communications Act and § 73.119. A time segment beginning on the hour, thereof. check mark ( V ) will suffice but shall be does not mean that a licensee may not (e) Note 5 at the end of §§ 73.112 and made in such a way as to indicate the continue the former practice of logging 73.282 are also amended to read like that matter to which it relates. the duration of each commercial, but in­ under § 73.670. We agree that the re­ * * * * * stead must compute and log the total for quirement of logging the precise time of recorded commercial announcements (b) Program log entries may be made each hour. There is no reason why the either at the time of or prior to broad­ practice of logging the length of each is unnecessary. cast. A station broadcasting the pro­ commercial message rather than an 7. Authority for the adoption of these grams of a national network which will hourly total does not suffice. The provi­ amendments is contained in sections 4 supply it with all information as to such sion for logging an hourly total was in­ (i) and (j) and 303(r) of the Com­ programs, commercial matter and other tended as a convenience to licensees, but munications Act of 1934, as amended. announcements for the composite week they are free to choose to do it in another Since the changes are either clarifying or need not log such data but shall record way. This subparagraph is amended to interpretative in nature, and otherwise in its log the time when it joined the clarify the requirement. However, we conform the AM and FM logging rules network, the name of each network pro­ emphasize, as we did in paragraph 7 of (§§ 73.112 and 73.282) to existing pro­ gram broadcast, the time it leaves the the Report and Order in Docket No. 14187 visions of the TV logging rule (§ 73.670), network, and any nonnetwork matter adopted October 7, 1966, that the log the prior notice and effective date pro­ broadcast required to be logged. The in­ should be devised and kept so that it can visions of 5 U.S.C. 553 do not apply. formation supplied by the network, for be accurately divided into hourly seg­ 8. It is ordered, That effective the composite week which the station will ments for reporting purposes (5 FCC March 22, 1968, That §§ 73.112, 73.282 use in its renewal application, shall be 2d at 186). There is, however, no reason and 73.670, are amended as set forth retained with the program logs and as­ why the AM and FM logging rules should below. sociated with the log pages to which it require what is a permissive practice (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; relates. under the TV logging rule. Accordingly, 47 U.S.C. 154, 303) * * * * *

Paragraph (a)(2)(ii) of §§73.112 and Adopted: March 13,1968. Note 3. Definition of commercial mat­ 73 282 are amended to conform to the ter (CM) includes commercial continuity language of § 73.670 as hereby clarified. Released: March 15,1968. (network and nonnetwork) and commercial Similarly, Paragraph (b) of §§ 73.112 Federal Communications announcements (network and nonnetwork) and 73.282 will be conformed to § 73.670 Commissions2 as follows: (Distinction between continuity as revised. [seal] Ben F. W aple, and announcements is made only for defi­ Secretary. nition purposes. There is no need to distin­ 6. In adopting the Report and Order guish between the two types of commercial amending the logging requirements for 1. In § 73.112, paragraph (a) (1) (i) matters when logging.) * * * TV broadcast stations (Docket No. and (ii), (a) (2) (ii) and (iii), paragraph ***** 14187), we noted that in connection with (b ), the introductory text of Note 3, and Note 5. Computation of commercial tim e . the logging of commercial continuity a Note 5, are amended to read as follows: Duration of commercial matter shall be as special problem is raised by certain spon­ close an approximation to the time consumed sored programs wherein it is difficult to § 7 3 .1 1 2 Program log. as possible. The amount of commercial time measure the exact length of what would (a) * * * scheduled will usually be sufficient. It is not be considered commercial continuity, e.g., (1) For each program, (i) An entry necessary, for example, to correct an entry some sponsored political and religious identifying the program by name or of a 1-minute commercial to accommodate programs. For such programs we did not varying reading speeds even though the title. actual time consumed might be a few sec­ require licensees to compute the com­ (ii) An entry of the time each programonds more or less than the scheduled time. mercial matter but merely to log and begins and ends. If programs are broad­ However, it is incumbent upon the licensee announce the programs as sponsored. cast during which separately identifiable to ensure that the entry represents as close This exception is equally applicable to program units of a different type or an approximation of the time actually con­ AM and FM broadcast stations. The ex­ source are presented, and if the licensee sumed as possible. ception does not, of course, apply to any wishes to count such units separately, 2. In § 73.282, paragraph (a) (1) W program advertising commercial prod­ the beginning and ending time for the and (ii), (a) (2) (ii) and (iii), paragrapn ucts or services nor is it applicable to any longer program need be entered only (b ), the introductory text of Note 3, ana commercial announcements. once for the entire program. The pro­ Note 5, are amended to read as follows. 7. The other changes to conform gram units which the licensee wishes to §§ 73.112 and 73.282 are as follows: count separately shall then be entered § 73.282 Program log. (a) The deletion of the second sen­ underneath the entry for a longer pro­ (a) * * * tence of (i) of subparagraph (1) of para­ gram, with the beginning and ending (1) For each program, (i) An entry graph (a), that is, which requires the time of each such unit, and with the identifying the program by name or tit repetition of a program title if the log entry indented or otherwise distinguished (ii) An entry of the time each program entry is continued from another page.1 so as to make it clear that the program begins and ends. If programs are bro _ (b) Deletion in §§ 73.112(a) (1) (ii) unit referred to was broadcast within cast during which separately identina and 73.282(a) (1) (ii) of the “program the longer program. program units of a different type p within a program” illustration which was * * * * * source are presented, and if the lice omitted from the TV logging rule because (2) For commercial matter. * * * wishes to count such units separately, (ii) An entry or entries showing the beginning and ending time for the total duration of commercial matter in program need be entered only once 1 By our action here, the petition for recon­ each hourly time segment (beginning on sideration filed by Twin Valley Broadcasters the entire program. The program u*1 , on Aug. 25,1965, in Docket No. 14187 becomes which the licensee wishes to co m o o t. * Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4741 separately shall then be entered under­ plied by the network, for the composite in sponsored programs, or commercial neath the entry for a longer program, week which the station will use in its re­ announcement) in each hour. See Note 5 with the beginning and ending time of newal application, shall be retained with at the end of this section for statement as each unit, and with the entry indented the program logs and associated with the to computation of commercial time. or otherwise distinguished so as to make log pages to which it relates. * * * * * it clear that the program unit referred * * * * * (b) Program log entries may be made to was broadcast within the longer Note 3. Definition of commercial matter either at the time of or prior to broad­ program. (CM) includes commercial continuity (net­ cast. A station broadcasting the pro­ * * * * * work and nonnetwork) and commercial an­ nouncements (network and nonnetwork) as grams of a national network which will (2) For commercial matter. * * * follows: (Distinction between continuity and supply it with all information as to such (ii) An entry or entries showing the announcements is made only for definition programs, commercial matter and other total duration of commercial matter in purposes. There is no need to distinguish announcements for the composite week each hourly time segment (beginning on between the two types of commercial matters need not log such data but shall record the hour) or the duration of each com­ when logging.) * * * in its log the time when it joined the net­ mercial message (commercial continuity * * * * # work, the name of each network program in sponsored programs, or commercial Note 5. Computation of commercial time. broadcast, the time it leaves the network, announcements) in each hour. See Note Duration bf commercial matter shall be as and any nonnetwork matter broadcast 5 at the end of this section for statement close an approximation to the time consumed required to be logged. The information as to computation of commercial time. as possible. The amount of commercial time supplied by the network, for the com­ (iii) An entry showing that the appro­ scheduled will usually be sufficient. It is not posite week which the station will use necessary, for example, to correct an entry of priate announcement (s) (sponsorship, a 1-minute commercial to accommodate vary­ in its renewal application, shall be re­ furnishing material or services, etc.) have ing reading speeds even though the actual tained with the program logs and as­ been made as required by section 317 of time consumed might be a few seconds more sociated with the log pages to which it the Communications Act and § 73.289. A or less than the scheduled time. However, it relates. checkmark (V) will suffice but shall be is incumbent upon the licensee to ensure ***** that the entry represents as close an approxi­ made in such a way as to indicate the Note 3. Definition of commercial matter mation of the time actually consumed as matter to which it relates. (CM) includes commercial continuity (net­ p o ssib le . ***** work and nonnetwork) and commercial an­ 3. In § 73.670, paragraph (a) (2) (ii),nouncements (network and nonnetwork) as (b) Program log entries may be made paragraph (b), and in Note 3: The intro­ follows: (Distinction between continuity and either at the time of or prior to broadcast. ductory text, paragraph (a), and the announcements is made only for definition A station broadcasting the programs of a introductory text of paragraph (b), are purposes. There is no need to distinguish be­ national network which will supply it amended to read as follows: tween the two types of commercial matters with all information as to such programs, when logging.) commercial matter and other announce­ § 73.670 Program log. (a ) Commercial continuity (CC) is the advertising message of a program sponsor. ments for the composite week need not (a) * * * (b) A commercial announcement (CA) is log such data but shall record in its log (2) For commercial matter. * * * any other advertising message for which a the time when it joined the network, the (ii) An entry or entries showing the charge is made or other consideration is name of each network program broad­ total duration of commercial matter in received. * * * cast, the time it leaves the network, and each hourly time segment (beginning on ***** any nonnetwork matter broadcast re­ the hour) or the duration of each com­ [F.R. Doc. 68-3363; Filed, Mar. 19, 1968; quired to be logged. The information sup- mercial message (commercial continuity 8 :4 7 a .m .]

No. 55—Pt. I-----3 FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4742 Proposed Rule Making

§ 1.46 Statutory provisions; amount of (f ) (6), and so much of (f ) (8) as follows DEPARTMENT OF THE TREASURY credit. example (1) thereof. These revised pro­ visions read as follows: Internal Revenue Service S e c . 46. Amount of credit— (a ) D eterm i­ nation of amount. * * * § 1.46—1 Determination of amount. [ 26 CFR Part 1 ] (2 ) Limitation based on amount of tax. Notwithstanding paragraph (1), the credit ***** INCOME TAX allowed by section 38 for the taxable year (b) Limitation based on amount of shall not exceed— tax— (1) In general. Notwithstanding the Investment Credit Provisions (A) So much of the liability for tax for amount of the credit earned for the tax­ Notice is hereby given that the reg­ the taxable year as does not exceed $25,000, able year, under section 46(a) (2) the ulations set forth in tentative form in p lu s credit allowed by section 38 for the tax­ (B) l^or taxable years ending on or before able year is limited to— the attached appendix are proposed to the last day of the suspension period (as be prescribed by the Commissioner of defined in section 48(j)), 25 percent of so (i) If the liability for tax (as defined Internal Revenue, with the approval of much of the liability for tax for the taxable in paragraph (c) of this section) is the Secretary of the Treasury or his year as exceeds $25,000, or $25,000 or less, the liability for tax; or delegate. Prior to the final adoption of (C) For taxable years ending after the (ii) If the liability for tax is more than such regulations, consideration will be last day of such suspension period, 50 percent $25,000, then given to any comments or suggestions of so much of the liability for tax for the (a) For a taxable year ending on or pertaining thereto which are submitted taxable year as exceeds $25,000. before March 9, 1967, the first $25,000 in writing, in duplicate, to the Com­ In applying subparagraph (C) to a taxable of the liability for tax plus 25 percent of missioner of Internal Revenue, Atten- year beginning on or before the last day of the liability for tax in excess of $25,000, on: CC : LR : T, Washington, D.C. such suspension period and ending after the and 20224, within the period of 30 days from last day of such suspension period, the per­ (b) For a taxable year ending after cent referred to in such subparagraph shall the date of publication of this notice in be the sum of 25 percent plus the percent March 9, 1967, the first $25,000 of the the F ederal R egister. Any written com­ which bears the same ratio to 25 percent as liability for tax plus 50 percent of the ments or suggestions not specifically the number of days in such year after the liability for tax in excess of $25,000. designated as confidential in accordance last day of the suspension period bears to However, such $25,000 amount may be with 26 CFR 601.601(b) may be in­ the total number of days in such year. The amount otherwise determined under this reduced in the case of certain married spected by any person upon written re­ individuals filing separate returns (see quest. Any person submitting written paragraph shall be reduced (but not below zero) by the credit which would have been paragraph (e) of this section); corpora­ comments or suggestions who desires an allowable under paragraph (1) for such tax­ tions which are members of an affiliated opportunity to comment orally at a pub­ able'year with respect to suspension period group (see paragraph (f) of this sec­ lic hearing on these proposed regulations property but for the application of section tion) ; trusts and estates (see paragraph should submit his request, in writing, to 4 8 ( h ) ( 1 ) . (c) of § 1.48-6); and organizations to the Commissioner within the 30-day pe­ ***** which section 593 applies, regulated in­ riod. In such case, a public hearing will (b ) Carryback and carryover of unused vestment companies or real estate invest­ be held, and notice of the time, place, credits— (1 ) Allowance of credit. I f th e ment trusts subject to taxation under and date will be published in a subse­ amount of the credit determined under sub­ subchapter M, chapter 1 of the Code, and quent issue of the F ederal R egister. section (a) (1) for any taxable year exceeds the limitation provided by subsection (a) (2) cooperative organizations described in The proposed regulations are to be issued section 1381(a) (see § 1.46-4). The excess under the authority contained in sec­ for such taxable year (hereinafter in this subsection referred to as “unused credit of the credit earned for the taxable year tion 38(b) of the Internal Revenue Code year”), such excess shall be— over the limitation described in this of 1954 (78 Stat. 963; 26 U.S.C. 38) and (A) An investment credit carryback to paragraph for such taxable year is an section 7805 of the Internal Revenue each of the 3 taxable years preceding the unused credit which may be carried back Code of 1954 (68A Stat. 917; U.S.C. unused credit year, and or forward to other taxable years in ac­ 7805). (B) An investment credit carryover to each of the 7 taxable years following the cordance with § 1.46-2. [ seal] S heldon S. C oh en, unused credit year, (2) Transitional rule. In applying sub- paragraph (1) (ii) (b) of this paragraph Commissioner of Internal Revenue. and shall be added to the amount allowable to a taxable year beginning on or before as a credit by section 38 for such years, In order to conform the Income Tax except that such excess may be a carryback March 9, 1967, and ending after such Regulations (26 CFR Part 1) to the pro­ only to a taxable year ending after Decem­ date, the percent referred to in such sub- visions of section 3 of the Act of Novem­ ber 31,1961. The entire amount of the unused paragraph shall be the sum of 25 percent ber 8, 1966 (Public Law 89-800, 80 Stat. credit for an unused credit year shall be car­ and a portion of 25 percent. The portion 1508), relating to suspension of the ried to the earliest of the 10 taxable years to shall be determined by multiplying ^ investment credit; section 3 of the Act of which (by reason of subparagraphs (A) and percent by a fraction, the numerator o (B )) such credit may be carried, and then June 13,1967 (Public Law 90-26, 81 Stat. which is the number of days in such tax­ to each of the other 9 taxable years to the able year after March 9, 1967, and tn 57), relating to restoration of the invest­ extent that, because of the limitation con­ denominator of which is the total numoe ment credit; section 201 of the Act of tained in paragraph (2), such unused credit may not be added for a prior taxable year to of days in such year. For example: As­ November 13, 1966 (Public Law 89-809, which such unused credit may be carried. sume that corporation X has a taxao 80 Stat. 1539); and section 2(a) of the ***** year beginning January 1,1967, and ena- Act of December 27, 1967 (Public Law (3) [Repealed] ing December 31, 1967. For such ye > 90-225, 81 Stat, 731), such regulations ***** the percent referred to in subparagrap (1) (ii) (b) is 45.342 percent, that is, ^ are amended as follows; [Sec. 46 as added by sec. 2(b), Rev. Act 1962 (76 Stat. 963); as amended by sec. 201(d) (4), percent plus 20.342 percent (25 percent P aragraph 1. Section 1.46 is amended Rev. Act 1964 (78 Stat. 32); sec. 3, Act of multiplied by 297/365). „„rind by revising subsections (a) (2) and Nov. 8, 1966 (Public Law 89-800, 80 Stat. (3) Adjustment for suspension penoa (b)(1), and deleting subsection (b)(3), 1514); sec. 2(a), Act of Dec. 27, 1967 (Public property. Under section 46(a)(2), w of section 46 and by revising the histori­ Law 90-225, 81 Stat. 731) ] amount of the limitation batsed amount of tax otherwise determine cal note. These revised provisions read as Par. 2. Section 1.46-1 is amended by under such section is reduced (bu follows: revising paragraphs (b), (d), (e), (f) (1),

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 PROPOSED RULE MAKING 4743 below zero) by an amount equal to the (e) Married individuals. If a separate shall be treated as a single member for credit which would have been earned return is filed by a husband or wife, the the purpose of applying subparagraph for the taxable year with respect to sus­ limitation based on amount of tax under (2) (i) of this paragraph. Thus, for ex­ pension period property (as defined in paragraph (b) of this section shall be ample, only one consent, executed by the section 48(h) (2)) but for the application computed by substituting a $12,500 common parent, to the apportionment of section 48(h)(1). The reduction de­ amount for the $25,000 amount in apply­ plan is required for the group filing the scribed in the preceding sentence shall ing paragraph (b)(1) of this section. consolidated return. If any member of be made only for the taxable year in However, this reduction of the $25,000 the affiliated group which joins in the which such suspension period property amount to $12,500 applies only if the filing of the consolidated return is an is placed in service (within the meaning taxpayer’s spouse is entitled to a credit organization to which section 593 applies of paragraph (d) of § 1.46-3). under section 38 for the taxable year of or a cooperative organization described ***** such spouse which ends with, or within, in section 1381(a), see paragraph (a) (3) (d) Examples. The application of the taxpayer’s taxable year. The tax­ (ii) of § 1.1502-3. paragraphs (a), (b), and (c) of this payer’s spouse is, entitled to a credit ***** section m ay be illustrated by the follow­ under section 38 either because of invest­ (8) Examples. * * * ing exam ples: ment made in qualified property for such taxable year of the spouse (whether di­ Exam ple (2 ). Assume the same facts as in Example (1). X Corporation’s qualified in­ rectly made by such spouse or whether example (1), except that P’s taxable year vestment for its taxable year ending Decem­ ends March 31, 1968 (on which date it owns ber 31, 1963, is $2,050,000. X ’s c r e d it ea rn ed apportioned to such spouse, for example, all the outstanding stock of S) and that S’s for the taxable year is $143,500 (7 percent of from an electing small business corpora­ taxable year ends June 30, 1968. The limita­ $2,050,000). X’s income tax for such year, tion, as defined in section 1371(b)), or tion based on amount of tax for such tax­ computed without regard to credits against because of an investment credit carry­ able years is computed using 50 percent tax or tax imposed by section 531 or 541, is back or carryover to such taxable year. rather than 25 percent. $190,000. Such amount includes $5,000 re­ The determination of whether an indi­ E xam ple (3). F, a domestic corporation sulting from the application of section 47. vidual is married shall be made under exempt from taxation under section 501, X is allowed under section 33 a foreign tax the principles of section 143 and the reg­ flies a return for its taxable year ending credit of $50,000. X ’s liability for tax is December 31, 1963, on which date it owns computed as follows: ulations thereunder. all the stock of P, a domestic corporation. (f) Apportionment of $25,000 amount P files a consolidated return as a common Liability fo r tax among members of an affiliated group— parent for its fiscal year ending June 30, Income tax (including increase in 1964, with its two wholly owned domestic tax under section 47, but before (1) In general. In determining the lim­ itation based on amount of tax under subsidiaries, S and A. The membership of credits and section 531 or 541 the affiliated group is ascertained as of the t a x ------i______$190,000 section 46(a)(2) in the case of an close of December 31, 1963, the last day of Less: affiliated group (as defined in subpara­ the taxable year of the common parent, F, Increase in tax resulting graph (5) of this paragraph), the $25,000, and accordingly consists of F, P, S, and A. from application of amount specified in such section shall be No consent to an apportionment plan is section 47______$ 5 ,0 0 0 reduced for each member of the group filed. Therefore, each member is apportioned Foreign tax credit______50,000 55,000 by apportioning $25,000 among the mem­ $6,250 of the $25,000 am ount ($25,000 divided bers of the group. The apportionment of equally among the four members). The limi­ tation based on amount of tax for the affili­ Liability for ta x ______135, 000 the $25,000 amount shall be made for the taxable year of each such member ending ated group filing the consolidated return (P, tinder section 46(a)(2), X’s limitation S, and A) for the year ending June 30, 1964 based on amount of tax for the taxable year with, or within which falls, the last day (the consolidated taxable year within which is $52,500 ($25,000 p lu s 25 p e r c e n t o f $110,- of the taxable year of the common December 31, 1963, falls) is computed by 000). X Corporation’s credit allowed by seen parent and, except as otherwise provided using $18,750 instead of the $25,000 amount. tion 38 for the taxable year therefore is in this paragraph, shall be made among The $18,750 is arrived at by adding together $52,500. X has an unused credit for the year those corporations which are members of the $6,250 amounts apportioned to P, S, and of $91,000 ($143,500 less $52,500) w h ic h it the affiliated group on such last day. A. If, however, F files a timely consent, it may carry back or over to other taxable years may apportion the entire $25,000 amount to * * * * * in accordance with § 1.46-2. the group filing the consolidated return Example (2). Assume the same facts as in (6) Affiliated group filing a consoli­ (P, S, and A). example ( 1), except that X Corporation’s dated return. In the case of an affiliated E xam ple (4). P, a domestic corporation taxable year is the fiscal year ending June group whose members join in filing a filing income tax returns on a calendar-year 0, 1968. X ’s cr e d it a llo w e d b y s e c tio n 38 consolidated return for a taxable year, basis, owns all the stock of S, T, and U, all /4orSUC11 ^iaxai3le year is lim ited to $80,000 see § 1.1502-3 (a) (3). If some members domestic corporations. S, T, and U file sep­ ($25,000 plus 50 p e rce n t o f $110 ,0 0 0 ), a n d of an affiliated group join in filing a arate returns on a calendar-year basis. On /»,JPused credit for such year is $63,500 June' 30, 1963, S is liquidated, and therefore ($143,500 less $80,000). consolidated return and other members has a short taxable year beginning January Example (3). Assume the same facts as in of such group do not join (such as a 1, 1963, and ending June 30, 1963.-S does mp,le (2) • Assume further that X Corpora­ corporation exempt from taxation under not waive its right to its equal portion of tion places in service on July 1, 1967, a m a- section 501), then, unless a consent is the $25,000 amount. For such short taxable anrf+KWb*Cb *s suspension period property, timely filed apportioning the $25,000 year, the $25,000 amount shall be reduced tn+iTat the credit earned by X with respect amount among the group filing the con­ for S to $6,250 ($25,000 divided by 4, the hoi, b 1 m ach in e fo r th e ta x a b le y ea r w o u ld solidated return and the other members number of corporations in the affiliated group ® °een $5,000 but for the provisions of at the close of S’s short taxable year). The section 48(h) (i). Under section 46(a)(2) of the affiliated group, each member of total amount apportionable to the members nnm *mitah°n otherwise determined ($80,- the affiliated group (including each of the affiliated group of which P is the woni8 5educed by the $5,000 credit that X member which joins in filing the con­ common parent for their taxable years end­ mflnwL ,ve earn ed w ith re sp e ct t o th e solidated return) shall be treated as a ing December 31, 1963, is $18,750 ($25,000 toht for section 48(h)(1). Thus, separate corporation for purposes of minus the $6,250 apportioned to S for its taxahi6dlt allowed X Corporation for the equally apportioning the $25,000 amount short taxable year ending June 30, 1963). crpriH f ^ear is $75,000, and X ’s unused The $18,750 amount may be apportioned ac­ under subparagraph (2) (iii) of this cording to an apportionment plan or, if a $75 000) SUCh year 18 $68'500 ($143,500 less paragraph. In such case, the limitation plan is not timely filed, will be apportioned based on amount of tax for the group equally among P, T, and U. examnuf^foi4^ ’ Assume the same facts as in bv ” ’ excePt that the credit earned filing the consolidated return shall be P a r . 3. Section 1.46-2 is amended by machin„CorpGration with respect to the computed by substituting for the $25,000 amount the total of the amounts ap­ revising paragraphs (a ), (b), and (c) to Provkint °Uid have been $90,000 but for the read as follows: «lowed L ° L SeC+ti0n 48(h) (i). X’s credit portioned to each corporation which the lim it« tbe taxable year is zero, since joins in filing the consolidated return. § 1.46—2 Carryback and carryover of oooi iR ^tion otherwise determined ($80,- If the group filing the consolidated re­ unused credit. $90,000 CT toy the turn and the other members of the affili­ With pact, that X would have earned (a) Allowance of unused credit as u n u s e d the machine. Therefore, X ’s ated group adopt an apportionment plan, carryback or carryover— (1) In general. d ^ d it for such year is $143,500. the group filing the consolidated return Section 46(b) (1) provides for carrybacks

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4744 PROPOSED RULE MAKING

and carryovers of any unused credit. An ceeding taxable year exceeds the sum of and subdivision (ii) of the example in unused credit is the excess of the credit (1) the credit earned for such preceding paragraph (c)(3 ). These revised pro­ earned for the taxable year (as defined in or succeeding year, and (2) other unused visions read as follows : paragraph (a) of § 1.46-1) over the lim­ credits carried to such preceding or suc­ § 1.46—4 Limitations with respect to cer­ itation based on amount of tax for such ceeding year which are attributable to tain persons. taxable year (as determined under para­ unused credit years prior to the partic­ graph (b) of § 1.46-1). Subject to the lim- ular unused credit year. Thus, in deter­ (a) Mutual savings institutions. In the tion contained in paragraph (b) of mining the amount, if any, of an un­ case of an organization to which section this section, an unused credit shall be used credit from a particular unused 593 applies (that is, a mutual savings added to the amount allowable as a credit credit year which shall be added to the bank, a cooperative bank, or a domestic under section 38 for the years to which amoomt allowable as a credit for any pre­ building and loan association) — the unused credit can be carried. The ceding or succeeding taxable year, the (1) The qualified investment with year with respect to which an amused credit earned for such preceding or suc­ respect to each section 38 property shall credit arises shall be referred to in this ceeding taxable year, plus any unused be 50 percent of the amoomt otherwise section as the “unused credit year” . credits originating in taxable years prior determined oinder § 1.46-3, and (2) Taxable years to which unused to a particular unused credit year, shall (2) The $25,000 amount specified in credit may be carried. Except as provided first be applied against the limitation section 46(a)(2), relating to limitation in subparagraphs (3) and (4) of this based on amount of tax for such preced­ based on amount of tax, shall be reduced paragraph, an unused credit shall be an ing or succeeding taxable year. To the by 50 percent of such amount. investment credit carryback to each of extent the, limitation based on amoomt For example, if a domestic building and the 3 taxable years preceding the unused of tax for the preceding or succeeding loan association places in service on Jan­ credit year and an investment credit year exceeds the sum of the credit earned uary 1,1963, new section 38 property with carryover to each of the 7 taxable years for such year and other unused credits a basis of $30,000 and an estimated useful succeeding the amused credit year, ex­ attributable to years prior to the par- life of 6 years, its qualified investment cept that an omoised credit shall be a ticoxlar unused credit year, the unused for 1963 with respect to such property carryback only to taxable years ending credit from the particular amused credit computed omder § 1.46-3 is $20,000 after December 31,1961. An omoised credit yeaf shall be added to the amount al­ (66% percent of $30,000). However, un­ must be carried first to the earliest of the lowable as a credit under section 38 for der this paragraph such amount is re­ 10 taxable years to which it may be car­ such preceding or succeeding year. To duced to $10,000 (50 percent of $20,000). the extent that an unused credit'cannot If an organization to which section 593 ried, and then to each of the "other 9 be added for a particular preceding or taxable years (in order of time) to the applies is a member of an affiliated group succeeding taxable year because of the (as defined in section 46(a)(5)), the extent that the omoised credit may not be limitation contained in this paragraph, added (because of the limitation con­ $25,000 amoomt specified in section such unused credit shall be available as 46(a) (2) shall be reduced in accordance tained in paragraph (b) of this section) a carryback or carryover to the next suc­ to the amount allowable as a credit under with the provisions of paragraph (f) of ceeding taxable year to which it may be § 1.46-1 before such amoomt is further section 38 for a prior taxable year. carried. (3) Fifth taxable year following un­ reduced under this paragraph. used credit year ending on or before (c) Effect of net operating loss carry­ (b) Regulated investment companies December 31, 1966. If the fifth taxable back from a taxable year ending on or and real estate investment trusts. (1) In year following the unused credit year before July 31, 1967. If the effect of a net the case of a regulated investment com­ ends on or before December 31, 1966, operating loss carryback from a taxable pany or a real estate investment trust then the omoised credit shall be an invest­ year ending on or before Joily 31,1967, is subject to taxation omder subchapter M, ment credit carryover to each of the 5 to create an amused credit (as defined in chapter 1 of the Code— taxable years succeeding such unused paragraph (a)(1) of this section), such (i) The qualified investment with re­ amused credit shall not be treated as an spect to each section 38 property other­ credit year. investment credit carryback. However, (4) Property used predominantly in a wise determined under § 1.46-3, and the full amoomt of the omoised credit so (ii) The $25,000 amount specified in possession of the United States. The arising shall be available for oise as an amount of any investment credit carry­ section 46(a)(2), relating to limitation investment credit carryover for the 7 based on amoomt of tax, back to any taxable year ending on or taxable years (5 taxable years in a case before December 31, 1965, shall be deter­ in which paragraph (a) (3) of this sec­ shall be reduced to such person’s ratable mined without regard to section 48(a) tion applies) following the amused credit share of each such amount. If a regulated (2) (B) (vii), relating to property used year. Thus, assoime that a calendar-year investment company or a real estate in­ predominantly in a possession of the taxpayer has a credit earned for 1965 vestment trust is a member of an affili­ United States. See paragraph (g) (2) of $25,000 and a liability for tax of the ated group (as defined in section 46(a) (vii) of § 1.48-1. For example: Assume same amoomt. If in 1966 such taxpayer (5)), the $25,000 amount specified in sec­ that corporation X, a calendar year tax­ has a net operating loss which he carries tion 46(a) (2) shall be reduced in accord­ payer, places in service during 1968 back to 1965 thereby foilly eliminating ance with the provisions of paragraph property described in section 48(a) (2) his taxable income and liability for tax (f) of § 1.46-1 before such amount is (B) (vii); that X ’s omoised credit for 1968 for 1965, then the $25,000 credit earned foirther reduced under this paragraph. Is $10,000; and that, but for the applica­ (no longer-allowable for 1965) becomes ***** tion of section 48(a) (2) (B) (vii), X ’s un­ an omoised credit which, although it may (3) * * * used credit for 1968 would have been not be treated as an investment credit Exam ple. * * * , $7,000. X ’s investment credit carryback carryback, shall be carried forward to (ii) Under this paragraph, corporation xs from 1968 to 1965 is limited to $7,000, and each of the subsequent years to which qualified investm ent for1 the taxable year 19 X ’s 1968 carryback to 1966 is $3,000 plus it may be carried. On the other hand, If with respect to such property is $2,000, com­ any portion of the $7,000 carried back to his net operating loss arose in 1967 rather puted as follows: (o) $20,000 (qualified - 1965 which was not allowed as a credit than in 1966, then the $25,000 omused vestment oinder § 1.46-3), multiplied by \ > for such year. credit for 1965 wooild be an investment $10,000 (taxable income), divided J y w (b) Limitation on allowance of un­ $100,000 (taxable income plus the deduction credit carryback to each of the 3 tax­ for dividends paid). For 1964, -th e $2 > used credit. The amount of the unused able years preceding 1965 and an invest­ amount specified in section 46(a) (2) is credit from any particular unused credit ment credit carryover to each of the sub­ duced to $2,500. year which may be added to the amount sequent years to which it may be carried. (c) Cooperatives. CD In the case of a allowable as a credit under section 38 * * * * * for any of the 3 preceding or 7 succeed­ ing taxable years to which such credit Par. 4. Section 1.46-4 is amended by section 1381(a) — may be carried shall not exceed the revising paragraph (a), paragraph (b) (i) The qualified investment with re­ amount by which the limitation based on (1), subdivision (ii) of the example in spect to each section 38 property otner- amount of tax for such preceding or suc­ paragraph (b)(3), paragraph (c)(1 ), wise determined omder § 1.46-3, and

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 PROPOSED RULE MAKING 4745

(ii) The $25,000 amount specified in revised and added provisions read as period beginning on July 1,. 1966 and section 46(a)(2), relating to limitation follows: ending on December 31, 1966, then such based on amount of tax, machine shall be considered used pre­ § 1.48—1 Definition o f section 38 prop­ dominantly in a possession of the United shall be reduced to such cooperative’s erty. States during the taxable year 1966. ratable share of each such amount. If a * 0 * * * ***** cooperative organization described in (g) Property used outside the United section 1381(a) is a member of an affil­ States. * * * P ar. 7. Section 1.48-6 is amended by iated group (as defined in section 46(a) (2) Exceptions. * * * revising paragraph (c) and subparagraph (5) ), the $25,000 amount specified in (i) Any aircraft which is registered (3) of the example in paragraph (e). section 46(a) (2) shall be reduced in ac­ by the Administrator of the Federal These revised provisions read as follows: cordance with the provisions of para­ Aviation Agency, and which (a) is-op­ § 1.48—6 Estates and trusts. graph (f) of § 1.46-1 before such amount erated, whether on a scheduled or non- is further reduced under this paragraph. * * * * * scheduled basis, to and from the United (c) Limitation based on amount of * * * * * States, or (b) is placed in service by the tax. In the case of an estate or trust, (3) * * * taxpayer during a taxable year ending after March 9, 1967, and is operated un­ the $25,000 amount specified in section Example. * * * der contract with the United States: 46(a) (2), relating to limitation based on (ii) Under this paragraph, cooperative X ’s amount of tax, shall be reduced for the qualified investment for the taxable year Provided, That use of the aircraft under the contract constitutes its principal use taxable year to­ 1964 with respect to such property is $2,000, il) $25,000 multipled by computed as follows: (a) $20,000 (qualified outside the United States during the (2) The qualified investment with re­ investment under § 1.46-3), multiplied by taxable year. The term “to and from the (6) $10,000 (taxable income), divided by United States” is not intended to exclude spect to the total bases of new section (c) $100,000 (taxable income plus the sum an aircraft which makes flights from one 38 properties plus the qualified invest­ of the deductions allowed under sections ment with respect to the total cost of 1382(b), 1382(c), and 522(b)(1)(B )). For point in a foreign country to another such point, as long as such aircraft re­ used section 38 properties, apportioned 1964, the $25,000 am ount specified in section to such estate or trust under paragraph 46(a)(2) is reduced to $2,500. turns to the United States with some degree of frequency; (a) of this section, divided by ar (3) The qualified investment with re­ P . 5. Section 1.48 is amended by re­ ♦ * * * * vising clauses (i), (v), and (vi) of, and spect to the total bases of all new section adding a new clause (vii) to, section 48 (vi) Any property (other than a ves­ 38 properties plus the qualified invest­ (a) (2) (B), and by revising the historical sel or an aircraft) of a U.S. person which ment with respect to the total cost of note. These added and revised provisions is used for the purpose of exploring for, all used section 38 properties, appor­ read as follows: developing, removing, or transporting re­ tioned among such estate or trust and its sources from the outer Continental Shelf beneficiaries. § 1.48 Statutory provisions; definitions; (within the meaning of section 2 of the special rules. Outer Continental Shelf Lands Act, as For purposes of subparagraph (3) of this Sec. 48 Definitions; special rules— (a ) S ec­ amended and supplemented; 43 U.S.C., paragraph, cost of used section 38 prop­ tion 38 property. * * * sec. 1331). Thus for example, offshore erty shall not be considered as appor­ (2) Property used outside the United tioned to any beneficiary to the extent States. * * * drilling equipment may be section 38 property; and that such cost is not taken into account (B) Exceptions. * * * by such beneficiary in computing quali­ (i) Any aircraft which is registered by the (vii) Any property placed in service Administrator of the Federal Aviation after December 31, 1965 which (a) is fied investment in used section 38 prop­ Agency and which is operated to and from owned by a domestic corporation (other erty. the United States or is operated under con­ than a corporation entitled to the bene­ $ * * * * tract with the United States; fits of section 931 or 934(b)) or by a (e) Example. * * * United Slates citizen (other than a citi­ Example. * * * (v) Any container of a United States per­ zen entitled to the benefits of section 931, (3) In the case of XYZ Trust, the $25,000 son which is used in the transportation of 932, 933, or 934(c)), and (b) is used amount specified in section 46(a)(2) is re­ property to and from the United States; predominantly in a possession of the duced to $12,500, computed as follows: (i) (vi) Any property (other than a vessel or United States during the taxable year by $25,000, multiplied by (ii) $39,000 (qualified an aircraft) of a United States person which such a corporation or such a citizen, or by investment apportioned to the trust), divided is used for the purpose of exploring for, de­ by (ill) $78,000 (total qualified investment veloping, removing, or transporting re­ a corporation created or organized in, or apportioned among such trust ($39,000), sources from the outer Continental Shelf under the law of, a possession of the beneficiary A ($23,400), and beneficiary B (within the meaning of section 2 of the Outer United States. Thus, property placed in ($15,600)). Continental Shelf Lands Act, as amended service after December 31, 1985, which and supplemented; 43 U.S.C., sec. 1331); and is owned by a domestic corporation not [F.R. Doc. 68-3370; Filed, Mar. 19, 1968; (vii) Any property which is owned by a entitled to the benefits of section 931 or 8 :4 7 a m . ] omestic corporation (other than a corpora- 934(b), which is leased to a corporation the benefits of section 931 organized under the laws of a U.S. pos­ . " " ( b ) ) or b y a U n ite d S ta tes c itiz e n session, and which is used by such lessee i her than a citizen entitled to the benefits DEPARTMENT OF AGRICULTURE is ,Se^ 0n 932, 933, or 934(c) ) and wjiich predominantly in a possession of the Predominantly in a, possession of the United States may qualify as section 38 Consumer and Marketing Service ,l®d States b y s u c h a c o r p o r a tio n o r s u c h property. However, property which is _ . ^ or by a corporation created or or- owned by a corporation not entitled to E 7 CFR Parts 1065, 1066 1 nf r?0*!**’ or under the law of, a possession the benefits of section 931 or 934(b) but [Docket Nos. AO 86-A21, AO 122-A15] of «be United States. which is leased to a domestic corporation . * * * * * entitled to such benefits would not MILK IN NEBRASKA-WESTERN IOWA aS added by sec. 2(b), Rev. Act 1962 qualify as section 38 property. The deter­ AND SIOUX CITY, IOWA, MAR­ and <3w a6i3)ivff amended by «*• 203 (a) ( 1 ) mination of whether property is used KETING AREAS stat (AJ*

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4746 PROPOSED RULE MAKING seq.), and the applicable rules of practice Code of Federal Regulations to read as (iv) For a movage in any harbor—$75. and procedure governing the formulation follows: (b) When the passage of a ship of marketing agreements and marketing § 401.400 Rales and charges on desig­ through a District is interrupted for the orders (7 CFR Part 900), notice is hereby nated waters. purpose of loading or discharging cargo given that the time for filing exceptions (a) Except' as p r o v id e d under or for any other reason and the services to the recommended decision with re­ of the Registered Pilot are retained dur­ spect to proposed amendments to the § 401.420 of this subpart, the following ing such interruption, for the conven­ tentative marketing agreements and rates and charges shall be payable for ience of the ship, the ship shall be re­ orders regulating the handling of milk all services performed by United States or Canadian Registered Pilots in the quired to pay an additional charge of in the Nebraska-Western Iowa and Sioux $7.40 for each hour or part of an hour City, Iowa, marketing areas, which was following areas of the United States during which each interruption lasts, but issued February 23, 1968 (33 F.R. 3530), waters of the Great Lakes described in with a maximum of $110 for each 24- is hereby extended to March 29, 1968. § 401.300, pursuant to the Memorandum hour period of such interruption. How­ of Arrangements, Great Lakes Pilotage: ever, no charge shall be payable for any Signed at Washington, D.C., on March (1) District No. 1 15, 1968. interruption caused by ice, weather, or (i) Between Snell Lock and Cape Vincent J o h n C . B l u m , traffic except during the period from or Kingston whether or not undesignated the 1st day of December to the 8th day Deputy Administrator, waters are traversed— $290. Regulatory Programs. (ii) Between Snell Lock and Cardinal, of April next following. [F.R. Doc. 68-3372; Filed, Mar. 19, 1968; Prescott or Ogdensburg— $145. § 401.410 Rates and charges on u n d e s­ 8 :4 7 a .m .] (iii) Between Cardinal, Prescott, or Og­ ignated waters. densburg and Cape Vincent or Kingston, whether or not undesignated waters are (a) Except as provided under traversed— $210. § 401.420 and subject to paragraph (b) (iv) For pilotage commencing or terminat­ of this section, the charges to be paid DEPARTMENT OF ing at any point above Snell Lock other than by a ship that has a Registered Pilot on those named in items (i) to (iii), $2.90 per board in the undesignated waters of TRANSPORTATION mile but with a minimum charge therefor of — $65. Lake Ontario shall be $63, and in the Coast Guard (v) For a movage in any harbor— $75. undesignated waters of the other Lakes shall be $75, for each 24-hour period or [ 46 CFR Part 401 1 (2) District No. 2. part thereof that the pilot is on board, [CGFR 68-40] (i) Passage through the Welland Canal or plus (1) $37 for each time the pilot per­ any port thereof, $7.40 for each mile plus forms the docking or undocking of the GREAT LAKES PILOTAGE $22.20 for each lock transited but with a ship on entering or leaving the harbor minimum of $75 and a maximum for a REGULATIONS through trip of $300. When pilots are or performs a movage of the ship within changed at Lock 7 on a through trip the a harbor, artd (2) the travel expenses Notice of Proposed Rule Making charges shall be apportioned as follows: reasonably incurred by a pilot in joining On October 11, 1967, the U.S. Coast (A) Between Northerly limits and Lock the ship and returning to his base. Guard amended the rates for Great 7— $150. (b) When a Registered Pilot is car­ Lakes Pilotage (32 F.R. 14104). In the (B) Between Lock 7 and Southerly limits ried on a ship in a direct transit of the — $150. preamble to the amendment it was an­ (ii) Between Southeast Shoal or any point undesignated waters of Lake Erie be­ nounced that the United States and on Lake Erie west thereof and any point on tween Southeast Shoal and Port Col- Canada had initiated an overall review the St. Clair River or the approaches thereto bome, the charges referred to in para­ of the existing pilotage system and its as far as the northerly limit of the District— graph (a) of this section are not payable rate structure. Interested persons and $225. unless, (1) the ship is required by law to organizations were invited to partici­ When pilots are changed at Detroit/W ind- have a Registered Pilot on board in those pate in the development of factual data sor on a through trip the charges shall be waters or (2) services are performed by apportioned as follows: and to assist in the definition and re­ (A) Between Southeast Shoal or any point the pilot in those waters at the request finement of the issues to be considered on Lake Erie west thereof and Detroit/W ind- of the master. during the review. sor— $112.50. § 401.420 Cancellation or delay in ren­ This review has resulted in a series of (B) Between Detroit/Windsor and the dition o f services. proposals which the Coast Guard is con­ northerly limits— $112.50. sidering for adoption and implementa­ (iii) Between Southeast Shoal and any (a) When in designated or undes­ point on Lake Erie west thereof or on the ignated waters the departure or movage tion. Before acting on the proposals and Detroit River— $140. in order to give them full and adequate of a ship-for which a Registered Pilot (iv) Between any point on Lake Erie west has been ordered is delayed for the con­ consideration, interested parties are of Southeast Shoal and any point on the invited to submit data, views, or argu­ Detroit River— $140. venience of the ship for more than 1 hour ments with respect to any of the pro­ (v) Between points on Lake Erie west of after the pilot reports for duty or after posals published herein. Submissions Southeast Shoal— $75. the time for which he was ordered, may be made in writing to Commandant (vi) Between points on the Detroit whichever is the later, or when a pilot is (CCS), U.S. Coast Guard, Washington, R iv e r— $75. detained on board a ship for the con­ D.C. 20591 by April 5, 1968, or they may (vii) Between any point on the Detroit venience of the ship for more than 1 River and any point on the St. Clair River hour after the end of the assignment be made orally or in writing at a public or its approaches as far as the northerly hearing to be held on April 3, 1968, at lim it of the District— $140. for which he was ordered, there shall be 1240 Ninth Street, Cleveland, Ohio, at (viii) Between points on the St. Clair payable an additional charge of $7.40 9 a.m. River including the approaches thereto as per hour after the first hour of such delay; but the aggregate of such further This proposal is issued under the au­ far as the northerly limit of the District— $ 110. charges shall not exceed $110 for any thority of sections 4 and 5 of the Great Lakes Pilotage Act of 1960, as amended (3) District No. 3. 24-hour period. (b) When in designated or undesig­ (46 U.S.C. 216b and 216c); section (i) Between the southerly limit of the Dis­ 6(a) (4) of the Department of Transpor­ trict and the northerly limit of the District nated waters a Registered Pilot reports tation Act (49 U.S.C. 1655(a)(4); and or the Algoma Steel Corp. Wharf at Sault for duty as ordered and the order is 49 CFR 1.5(q) (l), as amended. Ste. Marie, Ontario— $300. canceled, the charges to be paid by the (ii) Between the southerly limit of the ship shall be (1) a cancellation charge The proposals for consideration are as District and Sault Ste. Marie, Michigan, or follows: of $37, (2) if the cancellation is more any point in Sault Ste. Marie, Ontario, other than 1 hour after the pilot was ordered, P r o p o s a l I than the Algoma Steel Corp. Wharf—$245. (iii) Between the northerly limit of the for, a further charge of $7.40 for each Amend the rates and charges for District and Sault Ste. Marie, Ontario, in­ hour or part of an hour after the firs pilotage services by amending sections cluding the Algoma Steel Corp. Wharf, or hour, except that the aggregate charge 401.400, 401.410» and 401.420 of title 46, Sault Ste. Marie, M ichigan—-$110. payable in any 24-hour period shall not

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 PROPOSED RULE MAKING 4747 exceed $110, and (3) if the ship is in the § 4 0 1 .2 2 0 Registration o f pilots. P r o p o s a l V undesignated waters, the travel expenses ***** To recommend to Canada that the reasonably incurred by the pilot in join­ (d) Subject- to paragraphs (a), (b),southern limits of designated waters of ing the ship and returning to his base. and (c) of this section, a pilot found to the Welland Canal be fixed in the vicinity of the inner breakwaters. § 401.421 Winter season surcharge. be qualified under this subpart shall be issued a Certificate of Registration, Purpose of the proposal. This proposal During the period from the 1st day of valid for 1 year or until the expiration of would eliminate an existing ambiguity by December to the 8th day of April next his unlimited master’s license or until clearly defining the point at which a following there shall be added to each the pilot reaches the age 65, whichever vessel entering the Welland Canal from rate and charge prescribed in this part a first occurs. Lake Erie must employ a Registered surcharge of 50 percent. No additional * * * * * Pilot. charge shall be incurred if a second pilot Kyi P r o p o s a l VI is assigned to the ship. § 401.240 Renewal o f Certificates o f To invite Canada and all interested Purpose of the proposal. It is essential Registration. persons to join in a continued study of that the remuneration for pilotage serv­ (a) An application for renewal of a Great Lakes Pilotage operations with ices be adequate to sustain a competent Certificate of Registration shall be sub­ particular emphasis on the practicality body of pilots and to attract qualified mitted to the Director together with a and feasibility of implementing the fol­ applicants. Conversely, the costs to vessel completed report of physical examina­ lowing changes: operators for pilotage should be propor­ tion. The applicant for renewal must (1) Establishing homeports for indi­ tionate to the service which they need have satisfactorily passed a physical ex­ vidual pilots; and receive. Obviously a balancing of amination conducted pursuant to § 402.- (2) Strengthening the dispatcher’s factors is necessary to the determination 210 within the 30 days preceding the date role in assigning pilots; of equitable pilotage rates. Neither oper­ of application for renewal. A renewal fee (3) Modifying the “tour de role” as­ ational costs nor operational needs of of five dollars ($5) by check or money signment procedure; Great Lakes pilotage are static. The order, drawn to the order of U.S. Coast (4) Redefining the term “harbor shipping patterns of the Great Lakes and Guard, shall accompany an application move” ; the number of pilots required to provide for renewal of registration, which will be (5) Centralizing accounting functions; efficient service must be under constant refunded if registration is not renewed. (6) Modifying the dispatch and com­ review. The proposed rate structure is (b) A Certificate of Registration may munications network; computed to accommodate the projected not be renewed unless the applicant (7) Merging the operations of Dis­ pilotage requirements for the 1968 meets the requirements of § 401.210 for tricts No. 2 and 3; season. issuance of an original Certificate of (8) Modifying the rate structure to The proposed winter season surcharge Registration. reflect difficulty of assignments; and will compensate pilots for the added ♦ * * * * (9) Establishing procedural uniform­ navigational hazards of winter and cover ity in the manner of adopting and the cost of assigning a second pilot dur­ Purpose of the proposal. The rigorous amending working rules. ing times when ice or winter weather nature and physical demands of pilotage Purpose of the proposal. During the conditions justify the assignment of a on the Great Lakes warrant more fre­ review of the pilotage system and rate second pilot. quent physical examinations to insure structure conducted pursuant to the P r o p o s a l n that pilots are fully qualified to perform October 1967 agreement between the their tasks. While under the proposal Establish mandatory change points at: United States and Canada, the topics renewal of registration would be re­ itemized in this proposal were advanced (1) Snell Lock; quired annually rather than biannually, (2) Cape Vincent; by one or more interested parties. many of the present administrative re­ Within the time constraints imposed, (3) Port Weller; quirements for renewal, such as finger­ (4) Lock No. 7, Welland Canal; complete evaluation of their merit and printing and photographs, would be possible impact was not feasible. (5) Detroit/Windsor, except for as­ eliminated. signments originating or terminating at They contemplate a substantially re­ P r o p o s a l TV a point on the Detroit River; vised system of pilotage. Discussions with (6) PortHuron/Sarnia; Initiate action to make the following all parties concerned will be required to (7) Detour; changes in the designated water more fully determine their feasibility and (8) GrosCap; boundaries: impact, to explore the practicalities of (9) Chicago with respect to assign­ (1) Move the north boundary of Dis­ their implementation, to obtain all addi­ ments originating at Detour or Port trict No. 2 from its present position of tional available information, and to con­ Huron/Sarnia; and 43°05'30" N. latitude to a position of sider specific alternatives that may be GO) Duluth/Superior and Port Wil- 43°01' N. latitude; submitted. Once proven desirable, any ham/Port Arthur with respect to assign­ (2) Move the south boundary of Dis­ proposed change will be adopted as soon ments originating at Gros Cap. trict No. 3 from its present position of as practicable, but in no event later than Establish a mandatory 10-hour rest 45°57' N. latitude to a position of 45°59' the start of the 1969 shipping season. Period between assignments and make it N. latitude; and Dated: March 18, 1968. applicable to: (3) Move the north boundary of Dis­ W . J . S m i t h , completing an assignment at a change point; and trict No. 3 from its present position of a Admiral, U.S. Coast Guard, line running (at approximately 020° Commandant. (2) Pilots completing a series of as- true) from Point Iroquois Light to the [F.R. Doc. 68-3430; Piled, Mar. 19, 1968; fi^mats totaling more than 10 hours westward tangent of Jackson Island to 8 :4 9 a .m .] with no more than 2 hours rest between assignments. a position of 84° 33' W. longitude. Purpose of the proposal. Compulsory Purpose of the proposal. Safe naviga­ FEDERAL COMMUNICATIONS rest between assignments and tional practice not only includes the use ^Prohibition of marathon assignments of a pilot in confined waters but should also provide for minimizing the hazards COMMISSION flhiu+n *nce safety by insuring the avail- associated with his transfer to and from Yi , a well-rested and more effec­ [ 47 CFR Parts 81, 83 1 tive pilot. the pilot boat. Each of the proposed des­ [Docket No. 18071; FCC 68-273] ignated water boundary changes would P r o p o s a l III permit the embarkation and disembarka­ VESSELS NAVIGATING IN PACIFIC tra+?«renew Plots’ certificates of regia tion of pilots to be performed in more OCEAN J? ar*nually upon satisfactory com protected waters and would not result amoM/H °* a Physical examination, b in any decreased level of safety. The Extension of Geographical Area of anri^K?g, §§ 401-220(d) and 401.240 (a changes would also provide an oppor­ Communications ulatirw? ^itie 46 Code of Federal Reg tunity to reduce pilot boat operational In the matter of amendment of Parts mations to read as follows: costs. 81 and 83 of the Commission’s rules to

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4748 PROPOSED RULE MAKING extend the geographical area of com­ operate large fleets of ocean-going tuna rules, an original and 14 copies of all munications to the vessels navigating in vessels in waters of the eastern Pacific statements, briefs or comments shall be the Pacific Ocean on the frequencies Ocean. The fishing grounds are located furnished the Commission. designated for use with public coast from southern California to central Adopted:. March 13,1968. stations in the vicinity of Miami, Fla., Chile. The petitioners state that com­ Docket No. 18071, RM-780, RM-786. munications are required for the safety Released: March 15,1968* 1. Notice of proposed rule making in of vessels* the crews, and for economic survival. F e d e r a l C ommunications the above-entitled matter is hereby C o m m i s s i o n ,1- given. 4. Since August 1965, station WOM [ s e a l ] B e n F . W a p l e , 2. The Commission has received peti­ has been authorized on these f requency Secretary. tions for rule making from the American pairs on a developmental basis to include Tunaboat Association, San Diego, Calif., communications with vessels in the' 1. In § 81.306(a) (2), footnote 2 is and the National Marine Terminal, Inc., Pacific Ocean. Reports have been sub­ amended to read as follows: in San Diego, Calif., to amend Rule mitted concerning this developmental § 81.306 Frequencies available below §§ 81.306(a) (2) and 83.355(a) (1) to re­ operation. No complaints have been re­ 27.5 M c/s. move the geographical restrictions on the ceived from other countries of interfer­ (a) * * * frequency pairs 8792.8 kc/s (coast) — ence due to operation of the stations on (2) * * * 8242.8 kc/s (ship) and 13154.5 kc/s these frequencies. (coast)—12354.5 kc/s (ship) available to 2 Available to ship stations in the Gulf of 5. The rule amendments proposed Mexico, the Caribbean area, and the Pacific public coast stations in the vicinity of herein would extend the use of the 8 Ocean for com m unication with coast stations Miami, Fla., to extend the communica­ Mc./s and the 13 Mc/s frequency pairs to in the vicinity of Miami, Fla. Use of the fre­ tion area to vessels in the Pacific Ocean. ships in the Pacific area on a noninter­ quency is upon the express condition that The rules limit communications on these ference basis to other stations which interference shall not be caused to the service frequencies with ships hi the Gulf of have priority on the frequencies. This is of any station which may have priority on the Mexico and the Caribbean area only. set forth in a footnote appended to the frequency or frequencies used for the service The reason for this limitation was to to which interference is caused. revised rule sections. * 4c * * * provide service to vessels in these areas 6. The proposed amendments, as set which were not being served and to forth below, are issued pursuant to the 2. In § 83.355(a) (1), footnote 2 is operate without causing harmful inter­ authority contained in sections 4(i) and amended to read as follows: ference to operations of other countries 303 (b) (c) (h) and (r) of the Communi­ § 83.355 Frequencies from 5000 kc/s to making use of these frequencies. cations Act of 1934, as amended. 27.5 M c /s for public correspondence. 3. Vessels navigated in the Pacific Ocean are now served through public 7. Pursuant to the applicable proce­ (a) * * * coast station EMI, San Francisco, Calif.. dures set forth in § 1.415 of the Commis­ (I) * * * The Commission is informed by the sion’s rules, interested persons may file 2 Available to ship stations in the Gulf of licensee of this station and the peti­ comments on or before April 25,1968, and Mexico, the Caribbean area, and the Pacific tioners that communications with vessels reply comments on or before May 10, Ocean for com m unication with coast stations operating in the eastern tropical Pacific 1968. All relevant and timely filed com­ in the vicinity of Miami, Fla. Use of the fre­ ments and reply comments will be con­ quency is upon the express condition that Ocean is presently furnished through interference shall not be caused to the service this station, but communication is avail­ sidered by the Commission before final action is taken in this proceeding. In of any station which may have priority on able only during short periods of the the frequency or frequencies used for the reaching its decision in this proceeding, day: Communications through WOM, service to which interference is caused. the Commission may also take into con­ because of its geographical location is ***** usually feasible with these vessels operat­ sideration other relevant information before it, in addition to the specific com­ [F.R. Doç, 68-3364; Filed, Mar. 19, 1968; ing in the eastern Pacific area when 8 :4 7 a n . ] communication through station KMT is ments invited by this notice. not available due to unfavorable propa­ 8. In accordance with, the provisions 1 Gommiseioner Johnson concurring fn the gation conditions. The petitioners set forth in § 1.419 of the Commission’s result and Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 33, NO. SS — WEDNESDAY, MARCH 20, 1968 4749

N otices

3. Limitations or restrictions. 4. Taking without a permit is author­ DEPARTMENT OF THE INTERIOR A. Requisitions for all capitalized per­ ized only in the following counties: Bureau of Land Management sonal property must be reviewed and ap- Silver Bow. P ow ell. B. Order-Invoice-Voucher, Standard C ascade. R o se b u d . [Serial No. 1-1518] Form 44: Purchase through use of Yellowstone. D eer L od g e. IDAHO Standard Form 44 in accordance with M issou la . T e to n . BLM Manual 1511.22 and FPR 1-3.605, Lewis and Clark. Stillwater. G a lla tin . T reasu re. Notice of Termination of Proposed in the amounts not to exceed $300, may F la th e a d . S h e rid a n . Classification of Lands be authorized to all field employees by F erg u s. Judith Basin. their respective District or Land Office Powder River. D a n iels. March 13, 1968. Manager or the State Director. The au­ C a rb on . G la cier. Notice of proposed classification of thorization shall be redelegated in writ­ P h illip s. F a llo n . lands, Serial No. 1-1518, published as ing by name designation and its use H ill. Sweet Grass. F.R. Doc. No. 67-7563 on pages 9719- restricted to need when away from head­ R a v a lli. M cC on e. 9721 of the issue for Tuesday, July 4, C u ster. C arter. quarters. The designated employee, State D a w son . Broadwater. 1967, is hereby canceled so far as it af­ Office and the servicing Meld Adminis­ R o o se v e lt. W h e a tla n d . fects the hereinafter described lands. trative Office shall be furnished with a Beaverhead. P ra irie. The segregative effect thereof will ter­ copy of all such redelegations. C h o u te a u . G ra n ite . minate upon publication of this notice in C. Contracts or other procurements V alley. M eagh er. the Federal R egister, as provided by the entered into under this authority must T o o le . L ib e rty . regulations in 43 CFR 2411.2e(2) (ii): B ig H orn . P ark. conform with applicable regulations and Musselshell. G a rfield . Boise Meridian, I daho statutory requirements and are subject B la in e. Jefferson . BUTTE COUNTY to the availability of appropriations. M a d ison . W ib a u x . D. All redelegated authority shall be P on d e ra . Golden Valley. T. 8 N „ R . 28 E., R ic h la n d . Petroleum. _ Sec. 19, lo t 4, SEy4SWy4 , and S%SE%; exercised in accordance with the appli­ Sec. 30, lots 1 and 2, and E y2 N W y4. cable limitations in the Federal Property 5. Any person taking golden eagles pur­ and Administrative Services Act of 1949, suant to this authorization must at all The area described contains 215.25 as amended, and in accordance with ap­ acres of public land. reasonable times, including during actual plicable policies, procedures and controls operations, permit any Federal or State Joe T. Pallini, prescribed in the General Services State Director. game law enforcement officer free and Administration. unrestricted access over the premises on [F.R. Doc. 68-3332; Piled, Mar. 18, 1968; N o l a n F . K e i l , which such operations have been or are 8 :4 5 a.m .] State Director. being conducted; and shall furnish [F.R. Doc. 68-3333; Filed, Mar. 19, 1968; promptly to such officer whatever infor­ 8 :4 5 a .m .] mation he may require concerning such NEVADA DISTRICT MANAGERS ET AL. operations. Abram V. Tunison, Redelegation of Authority Regarding Fish and Wildlife Service Acting Director, Bureau of Contracts for Construction, Supplies, Sport Fisheries and Wildlife. or Services [Depredation Order] March 15,1968. March 11, 1968. DEPREDATING GOLDEN EAGLES Authority to enter into certain con­ [F.R. Doc. 68-3384; Filed, Mar. 19, 1968; tacts and leases delegated to the State Order Permitting Taking to Seasonally 8 :4 9 a .m .] Director by Bureau Order No. 698, as Protect Domestic Livestock in Cer­ [Docket No. A-457] amended, is redelegated subject to the tain Montana Counties following conditions: JOHN E. REYNOLDSON AND Pursuant to authority in section 2 of 1. Redelegation. Pursuant to the au­ the Act of October 24, 1962 (76 Stat. LOUIS M. FAULK thority contained in section 2(a) of Bu- 1246; 16 U.S.C. 668a), as amended, and Notice of Loan Application reau Order No. 698, as amended, the in accordance with regulations under March 14, 1968. classes of employees listed below are Part n , Title 50, Code of Federal Regula­ authorized to enter into contracts for tions, and in response to written request John E. Reynoldson and Louis M. construction, supplies (including rental from the Governor of Montana, the Sec­ Faulk, Post Office Box 838, Homer, Alaska oi equipment) or services in amounts retary of the Interior has authorized the 99603, have applied for a loan from the not to exceed $2,000 as provided in 205 taking of golden eagles during the period Fisheries Loan Fund to aid in financing DMlUAandB. from April 1, 1968, through June 30, the purchase of a used 36.8-foot regis­ District Managers. 1968, in Montana, subject to the follow­ tered length wood vessel to engage in the .Division of Administration. ing conditions: fishery for Dungeness crab, halibut, king crab, salmon, and shrimp. Administrative Assistants, 1. Golden eagles may be taken without rate Office Procurement Clerk. a permit only for the protection of do­ Notice is hereby given pursuant to the 2. Exceptions. The $2,000 limitation mesticated livestock and only by live­ provisions of Public Law 89-85 and Fish­ stock owners and their agents. eries Loan Fund Procedures (50 CFR °cs not apply for the above designated Part 250, as revised Aug. 11, 1965), that Sfnployees for supplies or services ob- 2. Golden eagles may be taken by any the above-entitled application is being lned from mandatory or prescribed suitable means or methods except by the considered by the Bureau of Commercial contract sources of supply-or from other use of poison or from aircraft. Fisheries, Fish and Wildlife Service, De­ e eral or State agencies when covered 3. Golden eagles or any parts thereof partment of the Interior, Washington, y an existing cooperative agreement or taken pursuant to this authorization may D.C. 20240. Any person desiring to submit not be possessed, purchased, sold, traded, evidence that the contemplated opera­ memorandum of understanding. bartered, or offered for sale, trade, or tion of such vessel will cause economic Proved by the State Office. barter. hardship or injury to efficient vessel op-

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 No. 55— Pt. I- 4750 NOTICES erators already operating in that fishery Commerce issued an order against the Parts Co. paid for the goods and on their must submit such evidence in writing to above respondents denying all U.S. ex­ arrival they were placed at the disposal the Director, Bureau of Commercial port privileges for an indefinite period of said firm. Fisheries, within 30 days from the date of because of their failure to furnish 7. Sometime between February 23, publication of this notice. If such evi­ responsive answers to interrogatories 1965, and April 15, 1965, the respondent dence is received it will be evaluated served on them in the course of investiga­ Kent acting on behalf of respqndent along with such other evidence as may tion into the disposition of certain U.S.- J. W. Kent (Foreign Trade), Ltd., en­ be available before making a determina­ origin commodities. Said order was tered into a joint transaction with a tion that the contemplated operations of served on respondents and was published firm in Surrey, England, to obtain spare the vessel will or will not cause such eco­ in the F e d e r a l R e g is t e r on November 23, parts for Chevrolet automobiles. The nomic hardship or injury. 1963 (28 F.R. 12591), and is still in effect. respondent ABC Spare Parts Co. also 3. Said order provided in part that the J. L. M c H u g h , participated in some aspects of this Acting Director, respondents therein (being the same transaction. The Surrey firrii ordered the Bureau of Commercial Fisheries. respondents named in this order) were parts from a dealer in Holland who in denied all privileges of participating, di­ turn ordered the parts from a supplier [F.R. Doc. 68-3331; Filed, Mar. 19, 1968; rectly or indirectly, in any manner or 8 :4 5 a.m .] in the United States. The respondents capacity, in any exportation of any com­ knew that the goods would come from modity from tiie United States to any the United States. The U.S. supplier foreign destination. More particularly exported the goods, valued at approxi­ DEPARTMENT OF COMMERCE said order, in part, prohibited the re­ mately $5,000, to the dealer in Holland spondents from carrying on negotia­ who in turn reexported them to the Bureau of International Commerce tions with respect to, or in receiving, Surrey firm for discharge in London. On [C ase 379] ordering or buying commodities exported arrival of the goods in London they or to be exported from the United were entered into a bonded warehouse JOSEPH W. KENT ET AL States. and were placed at the disposal of the Order Denying Export Privileges 4. Notwithstanding the denial order of respondent J. W. Kent (Foreign Trade) , November 15, 1963, the respondents Limited. In the matter of Joseph W. Kent, through intermediaries in th*e United American, British, and Canadian Spare 8. The respondents did not have au­ Kingdom participated in certain transac­ thorization from the Office of Export Parts Co., also known as ABC Spare Parts tions involving U.S.-origin commodities Co., J. W. Kent (Foreign Trade) , Ltd., Control to participate in any of the whereby respondents knowingly ordered transactions above described. 408 Strand, London, W.C. 2, England, and received U.S.-origin commodities. Respondents, Case 379. Based on the foregoing I have con­ 5. In April 1965 the respondent ABC cluded that respondents violated: Sec­ On November 7,1967, the Director, In­ Spare Parts Co. with the knowledge and vestigations Division, Office of Export tion 381.3 of the Export Regulations in approval of respondent Joseph W. Kent that they acted in concert with other Control, Bureau of International Com­ requested a firm in Middlesex County, merce, issued a charging letter against persons to bring about violations of an England (herein referred to as the inter­ order issued under the Export Control the above respondents in which they were mediary) , to obtain prices and availabil­ Law; and section 381.4 in that, acting, charged with violations of the Export ity of a list of automotive spare parts Control Act and Regulations. In sub­ through intermediaries, they ordered and from a named supplier in the United received commodities exported from the stance it was alleged that in three trans­ States. The intermediary made the re­ actions respondents violated the terms United States with knowledge that such quest and the U.S. supplier submitted a conduct constituted violations of an or­ of an indefinite denial order which was pro forma invoice for items in the der issued under the Export Control issued against them on November 15, amount of approximately $10,500. After Law. 1963, under which they were prohibited consulting with respondents, the inter­ from participating in any transaction in­ mediary on June 3, 1965, placed a firm Having considered the record in the volving commodities exported or to be order with the U.S. supplier for most of case and the recommendation of the exported from the United States. the items in the pro forma invoice, which Compliance Commissioner, and being of The charging letter was served on had a value of approximately $9,721. the opinion that his recommendation respondents and they failed to answer as to the sanction that should be im­ The respondent, J. W. Kent (Foreign posed is calculated to achieve effective and were held in default. In accordance Trade), Ltd., acting through the re­ with the usual practice the Compliance enforcement of the law: It is hereby spondent J. W. Kent, advanced approxi­ ordered: Commissioner held an informal hearing mately $10,000 so that the intermediary at which evidence in support of the could open a letter of credit in favor of L This order supersedes tije order charged was presented. Such hearing was the U.S. supplier to pay for the goods. denying export privileges, for an indefi- held on January 31, 1968. Such a letter of credit was opened. On nite period which was entered against The Compliance Commissioner has July 9, 1965, the U.S. supplier exported the above respondents on November 15, considered the evidence which was sub­ the goods to the intermediary in London, 1963, 28 F.R. 12591, November 23, 1963. mitted and has reported the facts. He has England On arrival of the goods in Lon­ n . So long as export controls am in recommended that an order be issued don the intermediary placed them at the effect the respondents are hereby denied against the respondents denying them all disposal of ABC Spare Parts Co. all privileges of participating, directly U.S. export privileges for the duration 6. In July 1965 the respondent ABC or indirectly, in any manner or capacity, of export controls. On consideration of Spare Parts Co* requested a firm in Sus­ in any transaction involving commodi­ the record in the case, Thereby adopt the sex County, England, to order various ties or technical data exported from the Compliance Commissioner’s findings of items of spare parts for welding equip­ United States in whole or in part, orto fact and his recommendation. ment from a named U.S. supplier. ABC be exported, or which are otherwise sub­ Findings of fact. 1. The respondent requested that the goods be shipped di­ ject to the Export Regulations. Without f i r m s American, British and Canadian rectly to Holland on its behalf. The Sus­ limitation of the generality of the fore­ Spare Parts Co., also known as ABC sex County firm forwarded the order to going, participation, prohibited in any Spare Parts Co., and J. W. Kent (Foreign an associated firm in Holland and the such transaction, either in the Unitea Trade), Ltd., are engaged in the import- latter firm on January 27, 1966, ordered States or abroad, shall include participa­ export business and are located at the the goods from the U.S. supplier for tion: (a) As a party or as a representa­ same address in London, and Purley, Sur­ shipment to Rotterdam, Holland The tive erf a party to any validated exp rey, England. The respondent Joseph W. U.S. supplier on June 3, 1966, exported license application; (b) in the prepar - Kent is a responsible official in carrying tion or filing of any export license ap­ the goods from the United States to the plication or reexporation authorizati » on the affairs of said firms. ~ firm in Holland, port of discharge Rot­ or document to be submitted therewi . 2. On November 15, 1963 the Office ofterdam. The invoice value of the goods Export Control, Bureau of International was approximately $7,900. ABC Spare (c) in the obtaining or using of any

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4751 validated or general export license or 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 other export control documents; (d) in DEPARTMENT OF HEALTH, EDUCA­ (b)(5)), notice is given that a petition the carrying on of negotiations with re­ has been filed by Elanco Products Co., a spect to, or in the receiving, ordering, TION, AND WELFARE Division of Eli Lilly & Co., Indianapolis, buying, selling, delivering, storing, using, Food and Drug Administration Ind. 46206, proposing that § 121.217 Ty­ or disposing of any commodities or tech­ losin be amended to provide for the safe nical data; (e) in the financing, forward­ AMDAL CO. use of 1,000 grams of tylosin per ton in ing, transporting, or other servicing of chicken feed for the prevention and con­ such commodities or technical data. Notice of Filing of Petition for Food trol of chronic respiratory disease in III. Such denial of export privileges Additives Erythromycin Thiocya­ chickens. shall extend not only to the respondents nate and Dimetridazole Dated: March 12,1968. but also to their agents, employees, rep­ Pursuant to the provisions of the Fed­ resentatives, and partners, and to any J . K . K i r k , other person, firm, corporation, or busi­ eral Food, Drug, and Cosmetic Act (sec. Associate Commissioner 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 for Compliance. ness or other organization with which (b)(5)), notice is given that a petition they now or hereafter may be related has been filed by Amdal Co., Division of [F.R. Doc. 68-3381; Filed, Mar. 19, 1968; by affiliation, ownership, control, posi­ 8 :4 8 a.m .] tion of responsibility, or other connec­ Abbott Laboratories, North Chicago, 111. tion in the conduct of trade or services 60064, proposing that the food additive connected therewith. regulations (21 CFRPart 121) be amend­ ed to provide for the safe use of dimetri­ NORWICH PHARMACAL CO. IV. No person, firm, corporation, part­ dazole in combination with erythromycin Notice of Filing of Petition for Food nership, or other business organization, thiocyanate in turkey feed for the pre­ whether in the United States or else­ vention and control of blackhead, for Additive Buquinolate where, without prior disclosure to and improving growth and feed efficiency, as Pursuant to the provisions of the Fed­ specific authorization from the Bureau an aid in lowering the severity of and eral Food, Drug, and Cosmetic Act (sec. of International Commerce, shall do any preventing the occurrence of chronic 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 of the following acts, directly or indi­ respiratory disease during periods of (b)(5)), notice is given that a petition rectly, in any manner or capacity, on be­ stress, and as an aid in the prevention has been filed by The Norwich Pharmacal half of or in any association with said and reduction of lesions. Co., Post Office Box 191, Norwich, N.Y. respondents or other person denied ex­ Dated: March 12,1968. 13815, proposing the amendment of port privileges within the scope of this § 121.291 Buquinolate to provide for the order, or whereby such respondent or J . K . K i r k , such other person may obtain any bene­ safe use of buquinolate in broiler replace­ Associate Commissioner ment and broiler breeding cliickens for fit therefrom or have any interest or for Compliance. participation therein, directly or indi­ prevention of coccidiosis caused by E. rectly; (a) apply for, obtain, transfer, [F.R. Doc. 68-3379; Filed, Mar. 19, 1968; tenella, E. necatrix, E. Acervulina, and E. or use any license, Shipper’s Export Dec­ 8 :4 8 a .m .] maxima. laration, bill of lading, or other export Dated: March 12,1968. control document relating to any ex­ DOW CHEMICAL CO. J . K . K i r k , portation, reexportation, transshipment, Associate Commissioner or diversion of any commodity or tech­ Notice of Withdrawal of Petition for Compliance. nical data exported or to be exported Regarding Pesticide Chemicals from the United States, by, to, or for any [F.R. Doc. 68-3382; Filed, Mar. 19, 1968; such respondents or other person denied Pursuant to the provisions of the Fed­ 8 :4 9 a .m .] export privileges within the scope of this eral Food, Drug, and Cosmetic Act (sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a order; or (b) order, buy, receive, use, sell, UPJOHN CO. deliver, store, dispose of, forward, trans­ (d)(1)), the following notice is issued: port, finance, or otherwise service or par­ In accordance with § 120.8 With­ Notice of Filing of Petition for Food drawal of petitions without prejudice of ticipate in any exportation, reexporta­ Additives Melengestrol Acetate, tion, transshipment, or diversion of any the pesticide regulations (21 CFR 120.8), commodity or technical data exported or the Dow Chemical Co., Post Office Box Chlortetracydine to be exported from the United States. 512, Midland, Mich. 48640, has with­ Pursuant to the provisions of the Fed­ drawn its petition (PP 8F0660), notice of V. Determinations have heretofo eral Food, Drug, and Cosmetic Act (sec. been made that within the purview which was published in the F e d e r a l 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 § 382.1(b) of the Export Regulations tl R e g is t e r of December 1, 1967 (33 F.R. 16507), proposing tolerances for residues (b) (5)), notice is given that a petition following firms and individuals are r of the herbicide 4-amino-3,5,6-trichloro- has been filed by The Upjohn Co., Kala­ fated parties to one or more of tl mazoo, Mich. 49001, proposing that the respondents herein: picolinic acid from its application in the acid form, or in the form of its potas­ food additive regulations (21 CFR Part Newman & Newman, S. E. Newman and F. R. sium triethylamine or triisopropano- 121, Subpart C) be amended to provide Newman, 408 Strand, London, W.C.2, England. lamine salts expressed as 4-amino-3,5,6- for the safe use in the feed of heifers Pellgower, Ltd., 37 Silkfield Road, London, trichloropicolinic acid, in or on raw agri­ of a combination drug containing mel­ N.W.9, E ngland. cultural commodities as specified in said engestrol acetate and chlortetracydine cliffe. Ltd., 27 Cottswold Gardens, London, N.W.2, E n glan d. notice. for growth stimulation, improved feed ktd-, 1 Hermitage Gardens, London, Dated: March 12,1968. utilization, and suppression of estrus N.W.2, E ngland. (heat); as an aid in the prevention of rTeTnJ f ^ ’ Etd., 34 Sussex Way, East Barnet, J . K . K i r k , Hertfordshire, England. Associate Commissioner liver abscess, pneumonia, and shipping for Compliance. fever (hemorrhagic septicemia); and as °tlCe of sucb related party determina- [F.R. Doc. 68-3380; Filed, Mar. 19, 1968; an aid in reduction of losses due to res­ ® wa®JPublished in the F e d e r a l R e g - cT .“.r °n December 5, 1964, 29 F.R. 16434. 8 :4 8 a .m .] piratory infection (infectious rhinotra- chitis, shipping fever complex). firmeddeterminati0nS are hereby con" ELANCO PRODUCTS CO. Dated; March 12, 1968. Dated: March 11,1968. Notice of Filing of Petition for Food J . K . K i r k , n . R atter H . M e y e r , Associate Commissioner director, Officer of Export Control/ Additive Tylosin for Compliance. •R- Doc. 68-3343; Filed, Mar. 19, 1968; Pursuant to the provisions of the Fed­ [F.R. Doc. 68-3383; Filed, Mar. 19, 1968; 8 :4 6 a .m .] eral Food, Drug, and Cosmetic Act (sec. 8 :4 9 a m . ]

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4752 NOTICES The Commission’s staff has reviewed (7) It is necessary and appropriate in FEDERAL POWER COMMISSION each application and recommends each carrying out the provisions of the Nat­ action ordered as consistent with all ural Gas Act and the public convenience [Docket Nos. G—6204 etc.] substantive Commission policies and re­ and necessity require that the certificate WARREN PETROLEUM CORP. ET AL. quired by the public convenience and authorizations heretofore issued by the necessity. Commission in the following dockets Findings and Order After due notice, no petitions to in­ should be amended as hereinafter ordered and conditioned: M a r c h 12,1968. tervene, notices of intervention, or pro­ tests to the granting of any of the re­ Findings and order after statutory G -2 6 7 1 CI61-1445 <3165-216 spective applications or petitions in this G -2 6 7 2 C I62 -1 18 4 CI65—688 hearing issuing certificates of public con­ order have been received. G -2 6 7 3 C I6 3 -2 0 CI65—796 venience and necessity, dismissing appli­ At a hearing held on March 7, 1968, G —3939 C I63-215 C I65-799 cations, canceling docket numbers, the Commission on its own motion re­ G —6204 C I63-1041 CI65—1145 amending certificates, permitting and ceived and made a part of the record G -9 8 1 0 0164^132 C I66-718 approving abandonment of service, ter­ G —10073 C I64 -3 42 CI67—332 in these proceedings all evidence, includ­ G -1 1 4 0 8 C I64—546 CI67—577 minating certificates, substituting re­ ing the applications, amendments, and spondent, redesignating proceeding, re­ G —11637 C I64-670 C I67-1092 exhibits thereto, submitted in support of C I64 -7 25 C I68-73 quiring filing of agreement and under­ G —13633 the respective authorizations sought G —15714 CI64r-902 CI68—495 taking and accepting related rate herein, and upon consideration of the G —16220 C I64 -9 04 C I68-568 schedules and supplements for filing. record. G—18761 C I64 -9 52 Each of the Applicants listed herein The Commission finds: C I6 1—691 C I64-1359 has filed an application pursuant to sec­ (1) Each Applicant herein Is a “nat­ (8) The sales of natural gas proposed tion 7 of the Natural Gas Act for a cer­ ural-gas company” within the meaning to be abandoned by the respective Ap­ tificate of public convenience and neces­ of the Natural Gas Act as heretofore plicants, as hereinbefore described, all sity authorizing the sale and delivery of found by the Commission or will be en­ as more fully described in the respective natural gas in interstate commerce, for gaged in the sale of natural gas in inter­ applications and in the tabulation here­ permission and approval to abandon state commerce for resale for ultimate in, are subject to the requirements of service, or a petition to amend an exist­ public consumption, subject to the juris­ subsection (b) of section 7 of the Nat­ ing certificate authorization, all as more diction of the Commission, and will, ural Gas Act, and such abandonments fully described in the respective applica­ therefore, be a “natural-gas company” should be permitted, and approved as tions and petitions (and any supple­ within the meaning of said Act upon the hereinafter ordered. ments or amendments thereto) which commencement of the service under the (9) It is necessary and appropriate in are on file with the Commission. respective authorizations granted here­ carrying out the provisions of the Natural The Applicants herein have filed re­ inafter. Gas Act that the certificates of public lated FPC gas rate schedules and pro­ (2) The sales of natural gas herein­ convenience and necessity heretof ore is­ pose to initiate or abandon, add or delete before described, as more fully described sued to the respective Applicants relat­ natural gas service in interstate com­ in the respective applications, amend­ ing to the abandonments hereinafter merce as indicated by the tabulation ments and/or supplements herein, will permitted and approved should be ter­ herein. All sales certificated herein are be made in interstate commerce, subject minated. . . at rates either equal to or below the ceil­ to the jurisdiction of the Commission and (10) It is necessary and appropriate in ing prices established by the Commis­ such sales by the respective Applicants, carrying out the provisions of the Nat­ sion’s statement of general policy No. together with the construction and op­ ural Gas Aet that Okmar Oil Co., et al., 61-1, as amended, or involve sales for eration of any facilities subject to the should be substituted in lieu of Shell Oil which permanent certificates have been jurisdiction of the Commission necessary Co. as respondents in the proceeding previously issued; except that the sales therefor, are subject to the requirements pending in Docket No. RI65-533, that from the Permian Basin area of New of subsections (c) and (e) of section 7 said proceeding should be redesignated, Mexico and Texas are authorized to be of the Natural Gas Act. accordingly, and that Okmar Oil Co., et made at the applicable area base rates (3) The respective Applicants are able al., should be required to file an agree­ and under the conditions prescribed in and willing properly to do the acts and ment and undertaking. , Opinion Nos. 468 and 468-A. to perform the services proposed and to (11) It is necessary and appropriate Okmar Oil Co. et al., Applicants in conform to the provisions of the Natural in carrying out the provisions of the Docket No. G-11408, propose to continue Gas Act and the requirements, rules, and Natural Gas Act that the respective re­ the sale of natural gas heretofore au­ regulations of the Commission there­ lated rate schedules and supplements as thorized in said docket to be made pur­ under. designated in the tabulation herein suant to Shell Oil Co. FPC Gas Rate (4) The sales of natural gas by the should be accepted for filing as herem- Schedule No. 146. Said rate schedule will respective Applicants, together with the af ter ordered. be redesignated as that of Applicants. construction and operation of any facil­ The Commission orders: The presently effective rate under said ities subject to the jurisdiction of the (A) Certificates of public convenience rate schedule is in effect subject to re­ Commission necessary therefor, are re­ and necessity are issued upon the term fund in Docket No. RI65-533. Appli­ quired by the public convenience and and conditions of this order, authorizing cants have indicated in their certificate necessity and certificates therefore the sales by the respective Applicants application that they intend to assume should be issued as hereinafter ordered herein of natural gas in interstate c _ the entire refund obligation from the and conditioned. merce for resale, together with the co time that the increased rate became (5) It is necessary and appropriate in struction and operation of any facmti effective subject to refund. Therefore, carrying out the provisions of the Natural subject to the jurisdiction of the com Applicants will be substituted in lieu of Gas Act that the applications filed on mission necessary for such sales, an Shell as respondents in the proceeding February 3, 8, and 6,1967, in Docket Nos. hereinbefore described and as more pending in Docket No. RI65—533; the pro­ CI64-132, CI65-216, and CI65-796, re­ described in the respective application8, ceeding will be redesignated according­ spectively, should be dismissed as moot. amendments, supplements and exhioii ly; and Applicants will be required to file (6) It is hecessary and appropriate in in this proceeding. an agreement and undertaking to assure carrying out the provisions of the Nat­ (B) The certificates granted in■ PJ the refund of all amounts collected, to­ ural Gas Act that Docket Nos. CI68-780, graph (A) above are not transferal gether with interest at the rate of seven CI68-781, and CI68-782 should be can­ and shall be effective only so long as percent per annum, in excess of the celed and that the applications filed plicants continue the acts or operat _ amount determined to be just and rea­ herein should be processed as petitions hereby authorized in accordant sonable in said proceeding from the time to amend the certificates heretofore is­ th e provisions of the Natural Gas Act ana that the increased rate became effective sued in Docket Nos. G-2673, G-2671, and 'the applicable rules,_ regulations, orders of th e Commission. subject to refund. G-9810, and G-2672, respectively.

FEDERAL REGISTER,. VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4753

(C) The grant of the certificates is­ “Other” area so as to increase the initial leting therefrom authorization to sell sued in paragraph (A) above shall not be wellhead price for new gas in the area natural gas from acreage assigned to construed as a waiver of the require­ involved herein, Applicants thereupon Applicant in Docket No. CI68-857; and ments of section 4 of the Natural Gas Act may substitute the new rate reflecting the certificates heretofore issued in or of Part 154 or Part 157 of the Commis­ the amount of such increase, and there­ Docket Nos. CI63-20, CI63-215, and sion’s regulations thereunder, and is after collect such new rate prospectively CI64-670 are amended by deleting there­ without prejudice to any findings or in lieu of the initial rate herein required. from authorization to sell natural gas orders which have been or may hereafter (I) The initial rate for the sale au­from acreage assigned to Applicant in be made by the Commission in any pro­ thorized in Docket No. CI67-1784 shall Docket No. CI68-875. ceedings now pending or hereafter insti­ be 14.5 cents per Mcf at 14.65 p.sd.a. (in­ (T) The certificate heretofore issued tuted by or against their respective Appli­ cluding dehydration charge), subject to in Docket No. CI64-342 is amended to in­ cants. Further, our action in this pro­ upward and downward B.t.u. adjustment. clude the ihterest of the co-owners and ceeding shall not foreclose nor prejudice " (J) The initial rate for the sale au­ the related rate schedule is redesignated any future proceedings or objections re­ thorized in Docket No. CI68-587 shall be as Sohio Petroleum Co. (Operator) et al., lating to the operation of any price or 15 cents per Mcf at 14.65 p.s.i.a. for gas as indicated in the tabulation herein. related provisions in the gas purchase well gas. (U) The certificates heretofore issued contracts herein involved. Nor shall the (K) The initial rate for the sale au­ in Docket Nos. G-2671, G-2672, G-2673, grant of the certificates aforesaid for thorized in Docket No. CI68-643 shall be G-6204, G-9810, G-11408, G-18761, service to the particular customers in­ 11 cents per Mcf at 14.65 p.si.a. CI61-1445, CI64-132, CI64-952, CI64- volved imply approval of all of the terms (L) The certificate issued herein in 1359, CI65-216, CI65-796, CI66-718, and of the respective contracts particularly Docket No. CI68-851 involving the sale of CI68-568 are amended by changing the as to the cessation of service upon termi­ gas by Texas Gas Exploration Corp. (Op­ certificate holders to the respective suc­ nation of said contracts, as provided by erator) et al., to its affiliate, Texas Gas cessors in interest as indicated in the section 7 (b) of the Natural Gas Act. Nor Transmission Corp., determines the rate tabulation herein. shall the grant of the certificates afore­ which legally may be paid by the buyer (V) Permission for and approval of said be construed to preclude the impo­ to the seller, but is without prejudice to the abandonment of service by the re­ sition of any sanctions pursuant to the any action which the Commission may spective Applicants, as hereinbefore de­ provisions of the Natural Gas Act for the take in any rate proceeding involving scribed, all as more fully described in the unauthorized commencement of any either company. respective applications and in the tabu­ sales of natural gas subject to said (M) The applications filed on Febru­ lation herein are granted. certificates. ary 3, 8, and 6, 1967, in Docket Nos. (W) Permission for and approval of (D) The grant of the certificates is­ CI64-132, CI65—216, and CI65-796, re­ the abandonment in Docket No. CI68-844 sued herein on all applications filed after spectively, are dismissed as moot. shall not be construed to relieve Appli­ July 1, 1967, is upon the condition that (N) Docket Nos. CI68-780, CI68-731, cant of any refund obligation which may no increase in rate which would exceed and CI68-782 aré canceled. be ordered in the related rate suspension the ceiling prescribed for the given area (O) The certificates heretofore issued proceeding pending in Docket No. RI64- by paragraph (d) (3) of the Commis­ in Docket Nos. G-11637, G-13633, G - 615 and Opinion No. 436. sion’s statement of general policy No. 15714, G-16220, CI61-691, CI62-1184, (X) Permission for and approval of 61-1, as amended, shall be filed prior to CI63-1041, CI64-546, CI64-902, CI64-904, the abandonment in Docket No. CI68-858 the applicable date as indicated by foot­ CI65-688, CI65-799, CI65-1145, CI67-577, shall not be construed to relieve Appli­ note 14 in the attached tabulation. CI67-1092, CI68-73, and CI68-495 are cant of any refund obligations which (E) The initial rates for sales au­ amended by adding thereto or deleting may be ordered in the related rate sus­ thorized in Docket Nos. G-11637, CI63- therefrom authorization to sell natural pension proceedings pending in Docket 1041, and CI64-902 shall be the applica­ gas to the same purchasers and in the Nos. G-19723, RI64-3, and RI65-38 or by ble base area rates prescribed in Opin­ same areas as covered by the original au­ ordering paragraph (D) of Opinion No. ion No. 468, as modified by Opinion No. thorizations pursuant to the rate sched­ 468. 468-A, as adjusted for quality, or the ule supplements as indicated in the tabu­ (Y) Permission for and approval of contract rates, whichever are lower. lation herein. the abandonment in Docket No. CI68-877 (F) If the quality of the gas delivered (P) The certificate heretofore issued shall not be construed to relieve Appli­ by Applicants in Docket Nos. G-11637, in Docket No. G-10073 is amended by de­ leting therefrom authorization to sell cant of any refund obligations which CI63-1041, and CI64-902 deviates at any may be ordered in the related rate sus­ thne from the quality standards set forth natural gas pursuant to the rate schedule pension proceedings pending in Docket in Opinion No. 468, as modified by Opin­ supplement as indicated in the tabula­ Nos. G-20082 and RÍ65-38 or by ordering ion No. 468-A, so as to require a down- tion herein, and Applicant shall not be paragraph (D) of Opinion No. 468. relieved of any refund obligation which ^ustm ent of the existing rate, a (Z) The certificates heretofore issued notice of change in rate shall be filed may be imposed in the related rate sus­ pension proceeding pending in Docket in Docket Nos. G-5452, G-5531, G-6131, Pursuant to the provisions of section 4 G-7141, G-8312, G-9883, G-14324, of the Natural Gas Act : Provided, how­ No. RI68-2 insofar as it pertains to the acreage being released. G—14739, CI64-322, CI65-1035, CI66- ever, T h a t adjustments reflecting 1188, and CI67-1844 are terminated. changes in B.t.u. content of the gas shall (Q) The certificate heretofore issued in Docket No. CI64-725 is amended by (AA) Okmar Oil Co., et al., are substi­ ^ computed by the applicable formula adding thereto authorization to sell tuted in lieu of Shell Oil Co. as respond­ na charged without the filing of notices °i changes in rate. natural gas from the additional acreage ents in the proceeding pending in Docket at an initial rate of 17 cents per Mcf at No. RI65-533, and said proceeding is re­ , Within 90 days from the date of 14.65 p.s.i.a., subject to upward and designated accordingly.1 mitial delivery Applicants in Docket downward B.t.u. adjustment, conditioned (BB) Within 30 days from the is­ jj?;. 2 “ 11637, CI63-1041, and CI64-902 upon Applicant’s filing of a supplement suance of this order Okmar Oil Co. et nau me rate schedule quality statements to the related rate schedule providing al., shall execute, in the form set out 468 A *0nn prescribed in Opinion No. for a full proportional downward ad­ below, and shall file with the Secretary justment in price for gas containing less of the Commission an acceptable agree­ thiiP kfitml rate for sales au- than 1,000 B.t.u.’s per cubic foot meas­ ment and undertaking to assure the re­ m Docket Nos. CI61-691, CI67- ured on a wet basis. fund of all amounts collected, together ruS4; * ? 1 CI68-229 shall be 15 cents (R) The certificate heretofore issued with interest at the rate of 7 percent rpimK10* 14-6^ P.s.i.a., including tax In Docket No. CI67-332 is amended to re­ per annum, in excess of the amount de­ hniT,Q,Urse,men^’ PJus B.t.u. adjustment; flect a rate of 14.5 cents per Mcf at 14.65 termined to be just and reasonable in said Kirme^fr’ i11 the event that the Commis- p.s.i.a. in lieu of 15 cents per Mcf at proceeding from the time that the in­ 6i-i (^ ^ d s its policy statement No. 14.65 p.s.i.a. creased rate became effective subject to thl adjusting the boundary between (S) The certificate heretofore issued in «wmandle area and the Oklahoma Docket No. G-3939 is amended by de­ 1 Okmar Oil Company, et al.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4754 4754 refund. Unless notified to the contrary (DD) The respective related rate FPC rate schedule to be accepted within 30 days from the date of submis­ schedules and supplements as indicated Docket No: Purchaser, field, sion, such agreement and undertaking in the tabulation herein are accepted and Applicant and location date filed Description and date No. Supp. shall be deemed to have been accepted for filing; further, the rate schedules of document for filing. relating to the successions herein are (CC) Okmar Oil Co. et al., shall com­ accepted and redesignated, subject to CI61-691-...... Sinclair Oil & Gas Co. Michigan Wisconsin Pipe Amendatory agree­ 204 ply with the refunding and reporting the applicable Commission regulations C 10-31-67 » (Operator) et al. Line Co., Northeast ment 10-9-67. procedure required by the Natural Gas under the Natural Gas Act to be effec­ Cedardale Field, Compliance 1-19-68.81!. 204 Major County, Okla. Act and section 154.102 of the Regula­ tive on the dates as indicated by the CI61-1445...... Harry L. Bigbee (sue- El Paso Natural Gas Harry L. Bigbee and 1 tions thereunder, and the agreement and tabulation herein. E 1-4-68 cessor to Harry L. Co., Escrito Gallup Harl D. Byrd, FPC Bigbee and Harl D. Field, Rio Arriba GRS No. 1. undertaking filed by them in Docket No. By the Commission. Byrd). County, N. Mex. Supplement Nos. 1-5... 1-5 RI65-533 shall remain in full force and Transfer 8-18-6773...... 6 [ s e a l ] G o r d o n M . G r a n t , Effective date: effect until discharged b y t h e CI62-1184...... Sinclair Oil & Gas Co. Arkansas Louisiana Gas Assignment 9-15-65377_ 251 Commission. Secretary. D 1-11-68 (Operator) et al. Co., acreage in Le Flore County, Okla. . C163-1041...... Shell Oil Co.,7 Operator. Northern Natural Gas Supplemental agree­ 283 FPC rate schedule to be accepted C 11-16-67 C o., Tippett Plant, ment 10-12-67.» Docket No. Purchaser, field, Crockett County, Tex. and . Applicant and location C164-132...... Worldwide Energy Lake Shore Pipe Line Worldwide Petroleum 1 date filed Description and date No. Supp. E 2-3-67 >» Corp. (successor to Co., Conneaut Town- Corp., FPC GRS of document E 9-21-67 Worldwide Petroleum ship, Erie County, Pa. No. 5. Corp.). Notice of succession 9-8-67. G-6204.W...... Warren Petroleum El Paso Natural Gas Co. Gulf Oil Corp., FPC 55 Conveyances 6-1-67 20.. 1 E 12-26-67 Corp. (successor to South Fullerton Gaso­ GRS No. 324. Effective date: 4-1-67.. Gull Oil Corp). line Plant, Andrews Supplement Nos. 1-10.. 55 1-10 C164-342...... Sohio Petroleum Co. Mountain Fuel Supply Letter agreement 89 County, Tex. Notice of succession 12-6-67 « 27 (Operator) et al. Co., Nitchie Gulch 12-4-67.8 33 12-22-67. Area and Pine Canyon Assignment 10-28-66 '. 55’ 11 Area, Sweetwater Effective date: 7-28-66- County, Wyo. 0-10073.. Humble Oil & Refining Cities Service Gas Co., Letter agreement * 192 6 C164-546___ . . . Sinclair Oil & Gas C o ... Northern Natural Gas Assignment 5-4-663 33_. 263 D 1-12- Co. (partial aban­ Hardtner Pool, Barber 12-6-67.3 3 D 1-11-68 Co., acreage in Beaver donment). County, Kans. County, Okla. Colorado Interstate Gas Shell Oil Co., FPC 27 Northern Natural Gas Assignment 9-13-67 3 24. 263

G-11408-... Okmar Oil Co. et al. NOTICES E 1-5-68 (successor to Shell Co., Greenwood Field, GRS No. 146. Co., acreage in Ochil­ Oil Co.). Baca County, Colo. Supplement Nos. 1-4... 27 1-4 tree County, Tex. Notice of succession CI64-725______Samedan Oil Corp. Michigan Wisconsin Pipe Amendatory agreement as 17 1- 2- 68. C 5-22-67 (Operator) et al. Line Co., Woodward 4-17-67. Assignment. 6-15-67 5__ 27 5 Area, Woodward Assignment 6-28-67 6__ 27 6 County, Okla. Effective date: 6-1-67... CI64-902...... Delta Drilling Co.7 Northern Natural Gas Supplemental agree­ 30 G-11637__ ... Gulf Oil Corp.7 (oper­ El Paso Natural Gas Supplemental agree­ 63 31 C 12-13-67 (Operator) et al.1 Co., Ozona Area, ment 7-21-67. C 12-26-67 ator) et al. Co., Teague Blinebry ment 12-1-67.8 Crockett County, Tex. Field, Lea County, C164-904...... O. W. Gerwig, d.b.a. Consolidated Gas Supply Letter agreement 7-25- 3 N. Mex. C 1-11-68 » Gilco Gas Co. Corp., Center District, 67.8 G-13633...... Union Producing Co. United Gas Pipe Line Sublease 12-9-663 ». 208 21 Gilmer County, W. Va. D 5-10-67 (Operator) et al. Co., Sligo Field, Bos­ C164-952.. i ___ Worldwide Energy Lake Shore Pipe Line Co., Worldwide Petroleum 2 sier Parish, La. E 9-21-67 Corp. (successor to Conneaut Township, Corp., FPC GRS No. G-15714..... Humble Oil & Refining Transwestern Pipeline Assignment 1-19-67 ! 239 35 Worldwide Petroleum Erie County, Pa. 7. D 2-20-67 Co. (Operator) et al. Co., acreage in Lips­ Corp.). Supplement No. 1_____ 2 comb County, Tex. Notice of succession G-16220____ Mobil Oil Corp. El Paso Natural Gas Notice of partial can­ 241 17 9-8-67. D 1-15-68 (Operator) et al. Co., Brown-Bassett cellation 1-5-68.311 Conveyances 6-1-67 20.. (EUenburger) Field-, Effective date: 4-1-67... Terrell County, Tex. CI64-1359--___ Lake Shore Pipe Line Co., Worldwide Petroleum G-18761___ Cattle-Land Oil Co. South Texas Natural Gas The Camino Corp., 2 E 9-21-67 Bushnell Field, Erie Corp., FPC GRS No. E 9-7-67 (Operator) et al. Gathering Co., FPC GRS No. 3. County, Pa. (successor to the Arkansas Field, Starr Supplement Nos. 1-2— 2 1-2 Supplement Nos. 1-2... 1-2 Camino Corp.). County, Tex. Notice of succession Notice of succession 8-15-67. 9-8-67. Assignment 5-22-6712__ 2 3 Conveyances 6-1-67 20.. 3 Effective date: 5-1-67.. Effective date: 4-1-67.. G-18995...... Yucca Petroleum Co.13 Transwestem Pipeline Contract 2-19-59j_____ 6 C165-216 Worldwide Petroleum A 7-17-59 as (formerly Baker & Co., acreage in Letter 10-15-59...... 6 1 E 2-8-67 » Corp., FPC GRS No. amended Taylor Drilling Co.). Lipscomb County, Letter 1-6-60______6 2 E 9-21-67 10. 5-9-60 Tex. Compliance (undated). 6 3 Notice of succession D 3-22-63 Notice of partial can­ 6 9-8-67. cellation 3-20-63. i 4 Conveyances 6-1-67 20. . Effective date: 4-1-67.. Filing code: A—Initial service: CI65-688...... F. M. Chisler and Consolidated Gas Supply Letter agreement B—Abandonment. C 1-11-68 77 Harry C. Boggs. Corp., Washington Dis- 9-28-67.8 C—Amendment to add acreage. trict. Calhoun County, D —Amendment to delete acreage: W. Va. E—Succession. F—Partial succession: See footnotes at end of table:

FEDERAL REGISTER, V O L . 3 3 , N O . 5 5 — W E D N ESD A Y , M ARCH 2 0 , 1 9 6 8 FPC rate schedule to be accepted FPC rate schedule to be accepted Purchaser, field, Docket No: Purchaser, field, and location and Applicant and location Description and date No. Supp; date filed Description and date No. Supp. of document of document

Worldwide Energy I Lake Shore Pipe Line Worldwide Petroleum CI68-587...... Corp. (successor to Co., Bushnell Field, Corp., W. C. Pickens. Panhandle Eastern Pipe Contract 9-6-67., Worldwide Petroleum Erie County, Pa. A 10-25-67 M Line Co., Putnam Compliance (un­ FPC GRS No. 11. dated).8 38 Corp.), Supplement No. 1...... Oswego Pool, Dewey Notice of succession County, Okla. CI68-617— . . . Texaco, Inc. (Opera­ Lone Star Gas Co., Wil­ Contract 7-1-66 82______410 9-8-67. A 11-2-67.“ Conveyances 6-1-67 2°.__ 5 tor), et al. low Springs Field, Amendatory agreement 410 Effective date: 4-1-67___ Gregg County, Tex. 5-4-67.*» : C165-799...... Gulf Oil Corp. Letter agreement 11- « 410 Natural Gas Pipeline Co. Amendatory agreement "288' C 1-11-68 M of America, Mobeetie 11-15-67.8 30-67.8 (Douglas) Field, Wheel­ CI68-643...... Kingwood Oil Co. Oklahoma Natural Gas Contract 10-16-67______er County, Tex. A 11-8-67.1* Gathering Corp.,*8 Compliance 12-8-678 *3.. 0165-1145..___ Pan American Petro­ Arkansas Louisiana Gas Amendment 9-11-67. 419 South Ringwood Field, G 12-15-67 H leum Corp. Major County, Okla. Co., acreage in Haskell Statement 2-6-68 8 419 and Le Flore Counties, CI68-725_____ Woods Petroleum Corp. Northern Natural Gas Contract 9-12-678______Okla. A 12-6-67.1* Co., acreage in Beaver CI66-718..,. R. L. Dunbar, d.b.a: Consolidated Gas Supply County, Okla. James V. Joyce, FPC CI68-731....__ E 11-1-67 Greenbrier Oil Co. Corp., Spring Creek GES No, 1. Natol Petroleum Corp. Arkansas Louisiana Gas Contract 11-9-67— '.____ (successor to James District, Wirt County, Supplement No. 1____ A 12-11-67.1* (Operator) et al. Co., Pine Hollow- Contract 6-22-64 **__ ... , V. Joyce); W. Va. Notice of succession Arpelar Fields, Pitts­ Letter agreement 1-5- 10-20-67. burg County, Okla. 65.8 Assignment 8-17-6727.. CI68-780...... Fred Whitaker (Opera­ Arkansas Louisiana Gas J. Cleo Thompson (Op­ Letter agreement (0-2673) tor) et al. (successor Co., South Hallsville erator) et al., FPC 8-21-67.28 E 12-20-67.*« to J. Cleo Thompson Field, Harrison Coun­ GES No. 1. Effective date: 8-17-67. (Operator) et al.). ty, Tex. Supplement Nos. 1-12... C167-382...... Continental Oil Co. Arkansas Louisiana Gas Letter agreement 319 Notice of succession 11-22-67 » (Operator) et al. Co., Kinta Field 6-7-67.8» 11-30-67. (Moffat Area), Letter agreement 319 Assignment 9-5-67 *»___- 14 Sequoyah County. 6-7-67.« »! Effective date: 9-1-67__ Okla. CI68-781...... do. Arkansas Louisiana Gas J. Cleo Thompson CI67-577.—__ Tom W. Penn, d.b.a: Trunkline Gas Co., Amendment 11-17-67 ».. (G-2671) Co., Carthage Field, (Operator) et al., 0 1-15-68 ** Pennt ex Petroleum James Coalter Survey, E 12-20-67 *7 Panola County, Tex. FPC GRS No. 2. NOTICES Co. (Operator) et al. Abstract A-214, Harris Supplement Nos. 1-9___ 1-9 County, Tex. Notice of succession CI67-1092____ Lyle K. Baker, agent.. Equitable Gas Co., Letter agreement 11-30-67. C 1-10-68 »« Centerville District, 12-8-67.8 Assignment 9-5-67 * »... Tyler County, W. Va; Effective date: 9-1-67.. CI67-1634__ CI68-781...... Samedan Oil Corp. Panhandle Eastern Pipe Contract 3-13-67.- 32 23 .do. Arkansas Louisiana Gas J. Cleo Thompson A 5-15-67 et al. Line Co,, Northeast (G-9810) Co., Bethany Field, (Operator) et al., Waynoka Field, Woods E 12-20-67 *7 Panola County, Tex. FPC GES No. 4. County. Okla. Supplement Nos. 1-4... 1-4 CI67-1784... McCommons Oil Co. Natural Gas Pipeline Co: Contract 2-15-67. Notice of succession A 6-16-67 (Operator) et al.,- of America, BoonesvUle 11-30-67. Field, Wise County, Assignment 9-5-67 *«__ Tex. Effective date: 9-1-67.. C168-73____ Fairman Drilling Co___ Consolidated Gas Supply Letter agreement CI68-782..____ .do. Arkansas Louisiana Gas J. Cleo Thompson Ç 1-11-68 Corp., Banks Town­ 10-4-67.8 (G-2672) Co., Carthage Field, (Operator) et al., ship, Indiana County^ E 12-20-67*8 Harrison and Panola FPC GRS No. 3. Pa. Counties, Tex. Supplement Nos. 1-11— 1-11 CI68-229., . Jones & Pellow Oil Co. Michigan Wisconsin Pipe Contract 4-18-67. Notice of succession A 8-31-67 M etal. Line Co., Woodward Compliance (un­ 11-30-67. Area, Dewey County, dated).8 84 Assignment 9-5-67 *»___ 12 Okla, Effective date: 9-1-67._ CI68-495.. . . . Tenneco Oil Co. Arkansas Louisiana Gas Amendment 12-12-67 8_. 217 CI68-785-.____ Southwest Gas Produc­ United Gas Pipe Line Contract 11-21-67 8___.., C 1-16-68 Co., Mansfield Field, A 12-27-67 i* ing Co., Inc. (Oper­ Co., Forest Grove 1-24-68 M 35 Scott County, Ark, ator) et al. Field, Claiborne CI68-544.. . . Wessely Petroleum, Panhandle Eastern Pipe Contraot 8-30-67. — 6 Parish, La. A 10-16-67 » Ltd. Line Co., Putnam Contract 11-17-67 8«_ CI68-803___ MacDonald Oil Corp. United Gas Pipe Line Notice of cancellation Field, Dewey County, (CI64-322) (Operator) et al. Co., Agua Dulces 12-1-67.2 3 Okla. B 1-4-68 Field, Nueces County, CI68-548____ W. C. Pickens. ..d o ______Contract 9-11-67._____ Tex. A 10-16-67 « Contract 11-17-67 ««.... CI68-844 Samedan Oil Corp. United Gas Pipe Line Notice of cancellation CI68-568.. . H. H. Fullilove (Oper­ Trunkline Gas Co., Humble Cos., Chari­ (CI62-1Q28) Co., Midland Field, 1-29-68.2 8 E l-U-68 ator) et al. (successor Sabine Tram Field, table Trust, FPC B 12-28-67 Acadia Parish La. to Humble Cos. Newton County, Tex. GES No. 1. CI68-845—.. . . Harold G, Lien et al., Consolidated Gas Supply Contract 11-1-67 8._._. 1 Charitable Trust). Supplement Nos. 1-2... A 1-9-68 i* d.b.a. L.L.V. & Corp., Union District, Notice of succession Associates et al. Ritchie County, W. Va. 1 10 68 C168-846...... Sun Oil Co. (South­ Breckenridge Gasoline Contract 8-7-67 8...... 226 - - . A 1-9-68 i* Assignment 10-2-6787 west Division). Co., Mitchell Field, Effective date: 10-1-67. Cass County, Tex. CI68-847..*.. J. C. Baker & Son, Consolidated Gas Sup­ Contract 11-20-67 8___ 4 See fo o t n o t e s a t e n d o f ta b le . A 1-9-68 i* Inc. ply Corp., Summers- ville District, Nicholas

County, W. Va. 4755

FEDERAL REGISTER, VOL. 33, NO. -WEDNESDAY, MARCH 20, 1968 4756 4756

FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. Purchaser, field, Docket No; Purchaser, field, and Applicant and location and Applicant and location date filed Description and date No. Supp. date filed Description and date No. Supp. of document of document

CI68-849...... A. F. Marple et al., Consolidated Gas Sup­ Contract 11-29-67 8. „ . CI68-868...... Geosonic Corp., Consolidated Gas Supply Notice of cancellation 2 1 A 1-9-68“ d.b.a. A. F. Marple ply Corp., Jefferson (CI66-1188) agent for Earl W; Corp., Salt Lick Dis- 1-12-68.2 8 & Co. District, Pleasants B 1-15-68 Pierson et al. trict, Braxton County, County, W. Va. W. Va. C168-850...... Glenn L. Haught et Consolidated Gas Sup- Contract 11-8-67 «...... CI68-874...... Mobil Oil Corp...... Lone Star Gas Co., N otice io cancellation 143 4 A 1-9-68“ al., d.b.a. Smith- ly Corp., Murphy (G-14324) North Healdton Field, 1-5-68.8 88 Morris Gas Co. »¡strict, Ritchie B 1-8-68 Carter County, Okla. gCounty, W. Va. C168-875...... Austral Arkoma Co. Arkansas Louisiana Gas 1 CI68-851...... Texas Gas Exploration Texas Gas Transmission Contract 12-14-67...... (CI63-215) (successor to Union Co., Arkoma Area, Agreement 3-14-63-...... 1 1 A 1-10-68 Corp. (Operator) Corp., Midland Gas Amendatory agree­ F 1-4-68 Oil Co. of California). Haskell County, Okla. Amendment 11-2-64...... 1 2 et al. Field, Muhlenberg ment 1-18-68.« Assignment 2-7-67 80___ 1 3 County, Ky. Assignment 12-1-67 87__ 1 4 CI68-852...... Sidwell Oil and Gas, Panhandle Eastern Pipe Contract 12-7-67.____ A 1-10-68 “ Inc. (Operator), et al. Line Co., Acreage in CI68-875...... Austral Arkoma Co. Arkansas Louisiana Gas 2 Beaver County, Okla. (CI63-20) (successor to Humble Co., Arkoma Area, Amendment 10-19-62___ 2 1 CI68-853...... Thomas H. Harrington. El Paso Natural Gas Co., Contract 12-4-678...... F 1-4-68 Oil & Refining Co.). Haskell and Latimer Agreement 3-22-63...... 2 2 A1-10-68 “ acreage in Rio Arriba Counties, Okla. Letter agreement 2 3 County, N . Mex. 3-21-63. CI68-854...... Steve Duckworth. Equitable Gas Co., Otter Contract 12-20-678~ ~ Amendment 12-8-64____ 2 4 A 1-10-68 “ District, Braxton Assignment 2-10-67 88__ 2 5 County, W. Va. A. T . Stautberg et al— Transcontinental Gas • Contract 9-28-678 82~ . Assignment 5-16-6784__ 2 6 CI68-856...... Assignment, 10-26-67 88-- 2 A 1-11-68 “ Pipe Line Corp., East 7 Le Blanc Field, Allen Parish, La. CI68-875-...... Austral Arkoma Co. Arkansas Louisiana Gas 3 Mobil Oil Corp. Texas Eastern Trans­ Contract 4-15-5388___ 431 (CI64-670) (successor to Mara- Co., Wilburton Field, Contract 4-25-62...... 3 1 CI68-857...... Agreement 3-8-63...... 3 2 (G-3939) (successor to mission Corp., South Letter agreement 431 F 1-4-68 thon Oil Co.). Haskell County, Okla. La Gloria Oil & Cottonwood Creek 9-30-53. Amendment 3-18-66____ 3 3 F 1-5-68 3 4 Gas Co.). Field, De Witt County, Assignment 7-1-55 431 Assignment 1-25-67 87__ Tex. Letter agreement 431 6- 17-57. CI68-876...... Sinclair Oil& Gas Co. et Northern Natural Gas Notice of cancellation 336 2 Letter agreement (CI65-1035) al. Co., East Balko Field, 1-12-68.2 8 NOTICES 7- 1-63. B 1-15-68 Beaver County, Okla. Assignment 10-1-64 M. 431 CI68-877...... Sinclair Oil & Gas Co. Pecos Co. and El Paso Notice of cancellation 88 158 8 Assignment 11-8-67 M. 431 (G-14739) (Operator) et al. Natural Gas Co., Will- 1-12-68.2 8 Effective date: 11-8-67. B 1-12-68. rode Field, Upton El Paso Natural Gas Co., Notice of cancellation 87 83 County, Tex. C168-858...... Sinclair Oil & Gas Co. Panhandle Eastern Pipe 430 (G-9883) Langlie-Mattix Field, 1-9-68.2 8 CI68-878...... Mobil Oil Corp...... Lea County, N. Mex. A 1-15-68.“ Line Co., Dover-Hen- B 1-11-68 nessey Plant and Field, CI68-859...... Gulf Oil Corp...... Arkansas Louisiana Gas Notice of cancellation Co., North Lansing 1-9-68.28 Kingfisher, Garfield, (G-7141) Logan, and Blaine B 1-11-68 Field, Harrison County, Tex. Counties, Okla. Contract 11-28-67 8...... 220 CI68-860..... E. C. Ware. United Fuel Gas Co., Contract 12-4-678. OTfiÂ-870 A 1-15-68 acreage in Martin " A 1-16-68. “ County, Ky. CI68-861— .... Southwest Oil Indus­ Michigan Wisconsin Pipe Contract 12-8-67 8. A 1-12-68 M tries, Inc. Line Co., Laverne 1 From Gulf Oil Corp. to Warren Petroleum Corp. Field, Beaver County, 2 Source of gas depleted. Okla. 8 Effective date: Date of this order. . 8 Rate of 14 cents per Mcf being collected subject to refund in Docket No. RI68-2; last firm rate 12 cents per Mcf. CI68-863— Ralph Tudesco______Consolidated Gas Supply Notice of cancellation Corp., Sherman 1- 12- 68.8 88 8 From Shell Oil Co. to Thomas C. Hower. (G-8312) 8 Thomas C. Hower to Okmar Oil Co. et al. it' B 1-15-68 District, Calhoun From i County, W. Va. 7 Applicant has agreed to accept permanent authorization for the additional acreage conditioned as Opinion No. 468. Consolidated Gas Supply Notice of cancellation 8 Eflective date: Date of initial delivery (Applicant shall advise the Commission as to such date). C168-864___ C. Carroll Summers. s Assigns certain acreage to Crystal Oil & Land Co. Applicant advises that Crystal has completed an oil well on the (G-5452) Corp., Ten Mile 1- 12- 68.»88 B 1-15-68 District, Harrison assigned premises, and has no gas production therefrom. County, W. Va. io Deletes acreage assigned to Alex W. McCoy Associates, Inc. n Belease of nonproductive lease (Mayme Kroenlein Martin, et vir., No. T-34875) to landowners. CI68-865___ Maple Gas Co. (West Consolidated Gas Supply Notice of cancellation l2 Transfers acreage from the Camino Corp. to Cattle-Land Oil Co. (G-6131) Virginia). Corp., Clay District, 1- 12- 68.8 88 Ritchie County, W. Va. is By letter dated Oct. 27,1967, Applicant agreed to accept a permanent certificate at 17 cents per Mcf. B 1-15-68 “ Jan. 1,1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. CI68-866...... George W. Miller et al. Consolidated Gas Supply Notice of cancellation Corp., De Kalb 1-12-68.588 78 Complies with conditioned temporary certificate issued Jan. 12, 1968. By, letter filed Jan. 22, 1968, Applicant (G-5531) advised willingness to accept permanent authorization for the additional acreage conditioned as the temporary B 1-15-68 District, Gilmer County, W. Va. certificate. Consolidated Gas Supply Notice of cancellation 78 Transfer of Harl D. Byrd’s interest to Harry L. Bigbee. CI68-867...... B. L ; Burge et al...... 77 Conveys nonproductive acreage from Sinclair Oil & Gas Co. to An-Son Corp. (CI67-1844) Corp., Washington 1- 12- 68.8 88 B 1-15-68 District, Calhoun 78 Adds acreage and amends contract to provide for a 16.5 cents rate for the residue gas derived from gas well gas to County, W. Va. be produced from the additional acreage. , , „ i f Prior succession filing by Worldwide Petroleum Corp., a Colorado corporation, to Worldwide Petroleum Corp., an Oklahoma corporation, will be dismissed. Application is no longer required in view of the subsequent succession by CLP Corp., now Worldwide Energy Corp.

FEDERAL REGISTER, V O L . 3 3 , N O . 5 5 — W E D N E SD A Y , M ARCH 2 0 , 1 9 6 8 NOTICES 4757

20 From Worldwide Petroleum Corp., an Oklahoma corporation, to Worldwide Petroleum Corp., a Colorado corporation and subsequently to CLP Corp. CLP Corp. changed its name to Worldwide Energy Carp. currently effective rate schedule for the 21 Sohio is filing to include the interest of the “ et aL’r parties and to be designated as operator. 22 Letter designating Sohio as operator. sale of natural gas under Commission 22 Conveys acreage from Sinclair to Delta Corp.; Sinclair filed copies of assignment as proposed rate schedule sup­ jurisdiction, as set forth in appendix A plement on June 13,1966. 24 Buyer and seller agree to release acreage because reserves are insufficient to justify buyer connecting faninti»«, hereof. 2® Contract rate is 19.5 cents plusB.t.u. adjustment; however, by letter filed Dec. 21,1967, Applicant agreed to accept permanent authorization for the additional acreage at an initial rate of 17 cents, subject to upward and downward The proposed changed rate and charge B.t.u. adjustment. may be unjust, unreasonable, unduly dis­ 26 Provides for 5-year make-up period. 21 From James V. Joyce to R. L. Dunbar, d.b.a. Greenbrier Oil Co. criminatory, or preferential, or other­ 2« Adds acreage (Jan. 1,1970, moratorium only insofar as it pertains to the additional acreage not previously certificated). wise unlawful. 20 Amendment to the certificate filed to reflect a rate of 14.5 cents per Mcf in lieu of the original rate of 15 cents The Commission finds: It is in the per Mcf. . 22 Between Continental Oil Co. and buyer. public interest and consistent with the 2> Between Thomas E. Berry and Thomas N. Berry & Co., and buyer. 22 Contract rate is 17 cents; however, by letter filed Jan. 19,1968, Applicant agreed to accept a permanent certificate Natural Gas Act that the Commission at 15 cents per Mcf subject to upward and downward B.t.u. adjustment. enter upon a hearing regarding the law­ 22 Contract rate is 15 cents subject to upward and downward B .t.u. adjustment plus 0.25 cent dehydration charge; however, by letter filed Aug. 8,1967, Applicant advised willingness to accept a permanent certificate at 14.5 cents fulness of the proposed change, and that including dehydration charge plus B.t.u. adjustment. « Accepts conditioned temporary certificate issued Sept. 29, 1967 (filed Oct. 30, 1967). Contract rate is 19.5 cents; the supplement herein be suspended and however, Applicant has stated willingness to accept a permanent certificate conditioned to 15 cents subject to up­ its use be deferred as ordered below. ward and downward B.t.u. adjustment. V - 2» Revised contract summary filed to reflect a rate of 15 cents in lieu of the original rate of 17 cents. The Commission orders: 28 Gathering and processing agreement between Applicant and Tonkawa Gas Co. Filed Dec. 26,1967, by Wessely an ° i } 6-8763 m eflect subject to refund in Docket Nos. G-19723, RI64-3, and RI65-38. production of gas no longer economically feasible, ber with the Secretary of the Commis­ so °?Tfile 88 Huron Oil Co. of California FPC GRS No. 147. sion its agreement and undertaking to Unit!™111 Umon 0il ° 0, of Californla t0 Austral Oil Co., Inc. Assigns 39.0625 percent Interest in the Alliance Trust comply with the refunding and reporting « Alston C? ;’ i??.-» ioAusira1 Arkoma Co. Assigns 39.0625 percent interest in the Alliance Trust Unit. 68 v w „0Srfile ?? Humble Oil & Refining Co. (Operator) et al., FPC GRS No. 337. procedure required by the Natural Gas 64 FrnSi s !™ ? ,1* 5° Auslral Arkoma Co. Assigns 31.25 percent interest in the Alliance Trust Unit. Act and § 154.102 of the regulations 66 Prom 10 li c °-» Iac-, Assigns 25 percent of the working interest in the Chastain Unit. XJnit. Austral o d Co-> Inc-> to Austral Arkoma C«. Assigns 25 percent of the working interest in the Chastain thereunder, accompanied by a certificate

b^dOT lg 6 _ the contrary within 15 days after the Before th e F ederal P ow er Co m m is sio n filing of its agreement and undertaking, (Name of Respondent______) (Name of Respondent) such agreement and undertaking shall be D ock et N o . ______------deemed to have been accepted. Attest * AGREEMENT AND UNDERTAKING OP (NAME OP (C) Until otherwise ordered by the RESPONDENT) TO COMPLY WITH REFUNDING Commission, neither the suspended sup­ AND reporting pro visio n s op sectio n 154.- [F.R. Doc. 68-3260; Filed, Mar. 19, 1968* plement, nor the rate schedule sought 102 OF th e c o m m is sio n ’ s regulations UN- 8:45 am 1 »ER the natural gas act to be altered, shall be changed until dis­ position of this proceeding or expiration of the suspension period. (D) Notices of intervention or peti­ ■ ¿FSSK 'SSSilffS: ASHlAND 011 * refining co. tions to intervene may be filed with the cahnf3! Act lnsofar as they are appli- » _ • „ ... , .. e to the proceeding in Docket No. ° rder Providing for Hearing on and Federal Power Commission, Washington, undertniHind ixaai caused this agreement and Suspension of Proposed Change in D.C. 20426, in accordance with the rules £ 5 S £ ? 2 i £ £ H«*' -"A Allowing Rate Change To of practice and procedure (18 CFR 1.8 in accordance with the terms of the Become Effective Sub|ecf to Refund and 1.37(f)) or before April 24, 1968. Hficrf11.,011 of its Hoard of directors, a cer- med «»Py of which is appended hereto)» M a r c h 13, 1968. By the Commission. •

Respondent named herein has filed a [ s e a l ] G o r d o n M . G r a n t , corporation, proposed change in rate and charge of a Secretary. \

No- 55—Ft. i- FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, T968 4758 NOTICES

Appendix A

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

2 3-26-68 »3-27-68 • 12.015 4 8 » 13.015 RI68...... Ashland Oil & Refin­ »155 3 Arkansas Louisiana Gas Co. (East $620 2-15-68 ing Co., Post Office Kremlin Field, Garfield County, Box 18695, Okla­ Okla.) (Oklahoma “ Other” Area). homa City, Okla. 73118.

1 Basic contract dated after Sept. 28, 1960, the date of issuance of general policy 4 Periodic rate increase, statement No 61-1 6 Pressure base is 14.66 p.s.i.a. 2 The stated effective date is the effective date requested by Respondent. 6 Includes 0.015 cent tax reimbursement. * The suspension period is limited to 1 day. The contract related to the rate filing of Total cost of the facilities is estimated Midwestern Gas Transmission Co. (Mid­ Ashland Oil & Refining Co. (Ashland) was at $3,285,600 to be financed initially with western) , and for authority to maintain executed subsequent to September 28, 1960, borrowings from banks under lines of an emergency interconnection between the date of issuance of the Commission’s credit and from funds generated inter­ Applicant and Midwestern, all as more statement of general policy No. 61-1, as nally. The amount drawn from revolving fully set forth in the application which is amended, and the proposed increased rate on file with the Commission and open to of 13.015 cents exceeds the area increased credit will be retired in the future rate ceiling of 11 cents per Mcf for Oklahoma through permanent financing or from public inspection. “Other” Area but does not exceed the initial the general funds of the Applicant. Specifically, Applicant seeks author­ service ceiling of 15 cents per M cf established Protests or petitions to intervene may ization to transport 137,390 Mcf per day for the area involved. We believe, in this be filed with the Federal Power Commis­ from November 1, 1968, to November 1, situation, Ashland’s proposed rate filing sion, Washington, D.C. 20426, in accord­ 1970, and 69,204 Mcf per day from No­ should be suspended for f day from March 26, ance with the rules of practice and pro­ vember 1, 1970, to November 1, 1971. The 1968, the proposed effective date. cedure (18 CFR 1.8 or 1.10) and the regu­ gas is to be transported from Tennessee’s [P.R. Doc. 68-3328; Piled, Mar. 19, 1968; lations under the Natural Gas Act existing interconnection with Applicant’s 8 :4 5 a .m .] (§157.10) on or before April 8, 1968. facilities near Kinder, La., to the point Take further notice that, pursuant to near Potomac, 111., where Applicant’s [Docket No. CP68—245] the authority contained in and subject to main-line system crosses Midwestern’s the jurisdiction conferred upon the Fed­ Southern System. TENNESSEE GAS PIPELINE CO. eral Power Commission by sections 7 The facilities proposed by Applicant consist of 87.8 miles of 36-inch pipeline Notice of Application and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­ looping portions of Applicant’s existing M a r c h 14, 1968. cedure, a hearing will be held without main transmission line between Long" Take notice that on March 8, 1968, further notice before the Commission on ville, La., and Tuscola, HI.; 15.4 miles of Tennessee Gas Pipeline Co. (Applicant), this application if no protest or petition 30-inch pipeline looping portions of Ap­ Post Office Box 2511, Houston, Tex. 77001, to intervene is filed within the time re­ plicant’s existing main transmission line filed in Docket No. CP68-245 an applica­ quired herein, if the Commission on its between Bourbon, 111., and Elkhart, Ind.; tion pursuant to section 7(c) of the own review of the matter finds that a 2,700 additional horsepower at existing Natural Gas Act for a certificate of pub­ grant of the certificate is required by the Compressor Station No. 121, Tuscola, lic convenience and necessity authorizing public convenience and necessity. If a 111.; and 3,400 additional horsepower at the construction and operation of facili­ protest or petition for leave to intervene existing Compressor Station No. 48, ties for the transportation of natural is timely filed, or if the Commission on Longville, La. gas, all as more fully set forth in the ap­ its own motion believes that a formal The Applicant further states that plication which is on file with the Com­ hearing is required, further notice of when the proposed quantity decreases mission and open to public inspection. such hearing will be duly given. and when service terminates, Applicant Specifically, Applicant seeks to install will utilize the increased capacity to pro­ Under the procedure herein provided vide service to its own customers. connecting facilities, an additional com­ for, unless otherwise advised, it will be pression at Station 823, and new meas­ The proposed facilities are estimated unnecessary for Applicant to appear or to cost $20,385,000, such cost to be fi­ uring equipment in order to receive gas be represented at the hearing. from Trunkline Gas Co. (Trunkline). nanced from funds on hand and by bank Trunkline is to deliver the gas at a point G o r d o n M . G r a n t , borrowings, with ultimate financing to be Secretary. provided from funds generated through on Applicant’s existing Muskrat line nn rl YWI1 rrVl fV)A Of lOBS near Centerville, La., for redelivery at a [F.R. Doc. 68-3326; Filed, Mar. 19, 1968; point near Kinder, La., on Trunkline’s 8 :4 5 a .m .] term securities. main line transmission system in Jeffer­ Protests or petitions to intervene may son Davis Parish, La. be filed with the Federal Power Commis­ The facilities are sought in order to en­ [Docket No. CP68-246] sion, Washington, D.C. 20426, in accord­ able Applicant to carry out a transporta­ ance with the rules of practice and pro­ tion agreement with Trunkline. The TRUNKLINE GAS CO. cedure (18 CFR 1.8 or 1.10) and the regu­ agreement provides for an initial quan­ Notice of Application lations under the Natural Gas Ac tity of 200,000 Mcf per day which can be (§ 157.10) on or before April 8, 1968. increased, upon advance notice given by M a r c h 14, 1968. Take further notice that, pursuant to Trunkline to Applicant, to a maximum Take notice that on March 8, 1968, the authority contained in and subject t daily quantity of 500,000 Mcf as early as Trunkline Gas Co. (Applicant), Post the jurisdiction conferred upon the Fed­ the third year but no later than the fifth Office Box 164% Houston, Tex. 77001, eral Power Commission by sections 7 an year. filed in Docket No. CP68-246 an applica­ 15 of the Natural Gas Act and the Com­ The application further states that tion pursuant to section 7(c) of the Nat­ mission’s rules of practice and prpcedur . there will be a net savings of approxi­ ural Gas Act for a certificate of public a hearing will be held without fHrtn mately $6 million of capital investment convenience and necessity authorizing it notice before the Commission on this ap­ in facilities which would otherwise be to construct and operate additional main plication if no protest or petition in­ required by Trunkline. line facilities and to transport gas for a tervene is filed within the time re(lal Trunkline is to pay approximately 1.6 limited term for the account of Tennes­ herein, if the Commission on its own cents per Mcf for the proposed transpor­ see Gas Pipeline Co., a division of Ten- view of the matter finds that a grarL?,.-. tation service. neco, Inc. (Tennessee), for resale by the certificate is required by the pu

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4759

convenience and necessity. If a protest or may, at the discretion of the court, be fined petition for leave to intervene is timely DEPARTMENT OF not more than $10,000.” filed, or if the Commission on its own motion believes that a formal hearing is TRANSPORTATION Dated: March 14, 1968. required, further notice of such hearing P . E . T r i m b l e , will be duly given. Coast Guard Vice Admiral, U.S. Coast Guard, Ünder the procedure herein provided Acting Commandant. [CGFR 68-38] for, unless otherwise advised, it will be [F.R. Doc. 68-3344; Filed, Mar. 19, 1968; unnecessary for Applicant to appear or PORTION OF JAMES RIVER, NOR- 8 :4 6 a .m .] be represented at the hearing. FOLK-NEWPORT NEWS HARBOR G o r d o n M . G r a n t , Closure to Navigation During Launch­ Secretary. ing of the “ Durham” [F.R. Doc. 68-3327; Filed, Mar. 19, 1968; ATOMIC ENERGY COMMISSION 8 :4 5 a .m .] By virtue of the authority vested in [Docket No. 50-155] me as Commandant, U.S. Coast Guard, by 49 CFR 1.4 (32 F.R. 5606) and Execu­ CONSUMERS POWER CO. tive Order 10173 as amended by Execu­ Notice of Issuance of Facility License DEPARTMENT OF HOUSING AND tive Orders 10277, 10352, and 11249, I Amendment hereby affirm for publication in the F e d ­ URBAN DEVELOPMENT e r a l R e g is t e r the order of E. C. Allen, No request for hearing or petition for Jr., Rear Admiral, U.S. Coast Guard, leave to intervene having been filed fol­ ASSISTANT SECRETARY FOR MORT­ Commander, 5th Coast Guard District, lowing publication of the notice of pro­ GAGE CREDIT AND FEDERAL who has exercised authority as District posed action in the F e d e r a l R e g is t e r on HOUSING COMMISSIONER Commander, such order reading as January 31, 1968 (32 F.R. 2402), and follows: Consumers Power Co. having satisfac­ Delegation of Authority With Respect Portion of James R iver, Norfolk-N ewport torily completed the required modifica­ to Loan and Grant Assistance for New s Harbor tions to the facility to assure prompt Planning Housing Projects in Appa­ Under the authority of Title II of the delivery of water from the fire protec­ lachia Espionage Act of June 15, 1917, 40 Stat. 220, tion system to the reactor vessel, the 50 U.S.C. 191 and Executive Order 10173, as Commission has issued, in the form set S e c t io n A. The Assistant Secretary for amended, I declare that from 10:30 a.m., e.s.t. forth in that notice, Amendment No. 1 Mortgage Credit and Federal Housing until 2 p.m „ e.s.t., Friday, March 29, 1968, the to Facility Operating License No. DPR-6. Commissioner (herein called the As­ following area is a security zone and I order The amendment authorizes Consum­ sistant Secretary) is hereby authorized that it be closed to any person or vessel due to the launching of the “Durham” (AKA- ers Power Co. to operate its Big Rock to exercise the power and authority of 1 1 4 ): Point Nuclear Power Reactor in Charle­ the Secretary of Housing and Urban The water of the James River, Norfolk- voix County, Mich., using six high per­ Development with respect to loans and Newport News Harbor, Va., within the co­ formance developmental fuel bundles. grants under section 207 of the Applach- ordinates of latitude 36°59'34" N., longitude ian Regional Development Act of 1965, 76°26'53" W. at the shoreline of Newport Dated at Bethesda, Md., this 12th day as amended (40 U.S.C. Appendix A, sec­ News, thence southwesterly 500 yards to lati­ of March 1968. tion 207) , for expenses of planning and tude 36°59'27" N„ longitude 76°27'10" W., For the Atomic Energy Commission. of obtaining an insured mortgage for a' thence southeasterly to latitude 36°58'43" N., longitude 76°26'41" W. thence easterly to P e t e r A . M o r r i s , housing project under section 221 of the Newport News Shipbuilding Co. Pier 8 Light National Housing Act, as amended (12 Director, (USCGr Light List No. 3037). Division of Reactor Licensing. U.S.C. 17151). • No person or vessel may remain in or enter Sec. B. The Assistant Secretary is this security zone. [F.R. Doc. 68-3323; Filed, Mar. 19, 1968; authorized to make such rules and reg­ The Captain of the Port, Hampton Roads 8 :4 5 a .m .] ulations as may be necessary to carry out Area, Va., shall enforce this order. the power and authority delegated under The Captain of the Port may be assisted by section A. employees and facilities of any state or politi­ cal subdivision thereof or any Federal Agency. Sec. C. The Assistant Secretary is fur­ For violation of this order Title n of the CIVIL AERONAUTICS BOARD Espionage Act of June 15, 1917 (40 Stat. 220 ther authorized to: [Docket No. 19638; Order No. E-26517] h Redelegate to one or more employees as amended, 50 U.S.C. 192) provides: “If any owner, agent, master, officer, or AIR ENTERPRISES under his jurisdiction any of the author- person in charge, or any member of the crew delegated under section A and of any such vessel fails to comply with any Order To Show Cause Regarding authorize successive redelegations there- regulation or rule issued or order given under Establishment of Mail Service Rate oi to subordinate employees. the provisions of this chapter, or obstructs 2. Redelegate to Regional Administra­ or interferes with the exercise of any power Issued under delegated authority tors and to Deputy Regional Administra­ conferred by this chapter, the vessel, together March 14,1968. with her tackle, apparel, furniture, and By notice of intent filed on February tors any of the authority delegated under equipment, shall be subject to seizure and section A and authorize successive redel- forfeiture to the United States in the 27, 1968, pursuant to 14 CFR, Part 298, gations therof to Regional employees. manner as merchandise is forfeited for viola­ the Postmaster General petitioned the tion of the customs revenue laws; and the Board to establish for Hugh M. Lyman, !!d) of Department of HUD Act, 42 U.S.C. 3 5 3 5 (d )) person guilty of such failure, obstruction, or Jr., doing business as Air Enterprises, an interference shall be punished by imprison­ air taxi operator, a final service mail rate Effective date. This delegation of au­ ment for not more than 10 years and may, of 32 cents per great circle mile for the thority shall be effective as of March 20, in the discretion of the court, be fined not transportation of mail by aircraft be­ 1968, m ore than $10,000. “If any other person knowingly fails to tween Cheyenne, Rawlins, and Rock R o b e r t C . W e a v e r , comply with any regulation or rule issued Springs, Wyo. Secretary of Housing and or order given under the provisions of this The Postmaster General states that Urban Development. chapter, or knowingly obstructs or interferes the scheduled service of the certificated with the exercise of any power conferred by route carrier in this market does not. !p-R. Doc. 68-3350; Filed, Mar. 19, 1968; this chapter, he shall be punished by im­ 6 :4 6 a .m .] meet postal requirements. Air Enterprises prisonment for not more than 10 years and proposes to use Cessna Skynight 320 type

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4760 NOTICES Bell System Companies, charges for in­ aircraft in initiating the mail service. No proposed herein, notice thereof shall be filed within 10 days, and if notice is filed, terstate and foreign communication protest or objection has been filed service, Docket No. 16258; In the matter against the services proposed in the no­ written answer and supporting docu­ ments shall be filed within 30 days after of American Telephone and Telegraph tice of intent, and the time for filing such Co., charges, practices, classifications, objections has now expired. the date of service of this order; 3. If notice of objection is not filed and regulations for and in connection The Postmaster General also states with teletypewriter exchange service, that the proposed rate is acceptable to within 10 days after service of this or­ the Department and the carrier, and der, or if notice is filed and if answer is Docket No. 15011. represents a fair and reasonable rate of not filed within 30 days after service of The Telephone Committee, having compensation for the services which the this order, all persons shall be deemed under consideration its order of January carrier will perform. The Postmaster to have waived the right to a hearing 31, 1968 (FCC 68M-181), providing for General believes these services will meet. and all other procedural steps short of a the convening of an off-the-record con­ postal needs in this market. final decision by the Board, and the ference; and having also under consid­ Since no mail rate is presently in effect Board may enter an order incorporating eration the report on such conference for this carrier in this market, it is in the findings and conclusions proposed by Hearing Examiner Arthur A. Glad­ the public interest to fix and determine herein and fix and determine the final stone, dated March 14, 1968, and the the fair and reasonable rate of com­ rate specified herein; recommendations therein contained with pensation to be paid to Air Enterprises 4. If answer is filed presenting issues respect to further procedural actions to by the Postmaster General for the trans­ for hearing, the issues involved in deter­ be taken herein; portation of mail by aircraft, the facili­ mining the fair and reasonable final rate It is ordered, That: ties used and useful therefor, and the shall be limited to those specifically 1. All outstanding requests for the services connected therewith, between raised by the answer, except insofar as furnishing of information and data by the aforesaid points. Upon consideration other issues are raised in accordance Respondents be satisfied on or before of the notice of intent and other matters with Rule 307 of the rules of practice April 12,1968; and officially noticed, it is proposed to issue (14 CFR 302.307); and 2. All parties to this proceeding shall an order1 to include the following find­ 5. This order shall be served upon serve written notice, on or before April ings and conclusions: Hugh M. Lyman, Jr., doing business as 26, 1968, as to the identity of Respond­ 1. That the fair and reasonable final Air Enterprises, the Postmaster General, ents’ witnesses desired to be recalled for service mail rate to be paid to Hugh M. and Frontier Airlines, Inc. further cross-examination; and Lyman, Jr., doing business as Air Enter­ This order will be published in the 3. Further hearing sessions shall com­ prises pursuant to section 406 of the Act F e d e r a l R e g is t e r . mence on May 7, 1968, at 10 a.m., at the for the transportation of mail by air­ Commission’s offices in Washington, [ s e a l ] H a r o l d R. S a n d e r s o n , craft, the facilities used and useful there­ Secretary. D.C., for the purpose of taking the fur­ for, and the services connected therewith ther testimony indicated in paragraph 2 between Cheyenne, Rawlins, and Rock [F.R. Doc. 68-3352; Filed, Mar. 19, 1968; above, as well as for taking the testi­ Springs, Wyo., as described in the notice 8 :4 6 a .m .] mony of the additional witnesses which of intent, shall be 32 cents per great circle Respondents have heretofore been re­ mile. [Docket 19533] quested to produce by various parties; 2. The final service mail rate here fixed and and determined is to be paid in its en­ COMPANIA INTERNACIONAL AEREA S.A. (CIASA) 4. Within 21 days after the comple­ tirety by the Postmaster General. tion of the hearing sessions referred to in Accordingly, pursuant to the Federal Notice of Hearing paragraph 3 above, the FCC staff, and all Aviation Act of 1958, and particularly parties other than Respondents, shall sections 204(a) and 406 thereof, and Notice is hereby given pursuant to the distribute, in written form, their pro­ regulations promulgated in 14 CFR, Federal Aviation Act of 1958, as posed testimony on rate-making princi­ Part 302, 14 CFR, Part 298, and 14 CFR amended, that a hearing in the above- ples and factors; and 385.14(f), entitled proceeding is assigned to be held on March 21, 1968, at 10 a.m,, e.s.t., in 5. Thirty days after the terminal fil­ It is ordered, That: Room 726, Universal Building, 1825 ing date specified in paragraph 4 above, 1. All interested persons and particu­ Connecticut Avenue NW., Washington, further hearing sessions shall commence, larly Hugh M. Lyman, Jr:, doing business D.C., before the undersigned. at the Commission’s offices in Washing" as Air Enterprises, the Postmaster Gen­ ton, D.C., for the purpose of examining eral, and Frontier Airlines, Inc., are di­ For fuller information, interested witnesses sponsoring such testimony, rected to show cause why the Board persons are referred to material con­ tained in the docket of this proceeding on and - should not adopt the foregoing proposed 6. Within 21 days after the completion findings and conclusions and fix, deter­ file with the Docket Section of the Civil Aeronautics Board. of the hearing sessions specified in para­ mine, and publish the final rate speci­ graph 5 above, if Respondents wish to fied above, as the fair and reasonable Dated at Washington, D.C., March 18, offer rebuttal to the testimony submitted rate of compensation to be paid to Air 1968. by other parties, such proposed rebuttal Enterprises for the transportation of written [ s e a l ] B a r r o n F r e d r ic k s , testimony shall be distributed in mail by aircraft, the facilities used and Hearing Examiner. form; and useful therefor, and the services con­ 7. Thirty days after the terminal filing nected therewith as sp'ecified above; [F.R. Doc. 68-3440; Filed, Mar. 19, 1968; date of the testimony referred to in para­ 2. Further procedures herein shall be 8 :4 9 a .m .] graph 6 above, hearing sessions shau in accordance with 14 CFR Part 302, and commence, at the Commission’s offices m if there is any objection to the rate or Washington, DC., for the purpose of ex­ to the other findings and conclusions amining the witnesses sponsoring sucn FEDERAL COMMUNICATIONS rebuttal testimony. i As this order to show cause does not con­ COMMISSION Issued: March 14,1968. stitute a final action and merely affords in­ terested persons an opportunity to be heard [Docket Nos. 16258, 15011; FCC 68M-446I Released: March 15,1968. on the matters herein proposed, it is not F e d e r a l C ommunications regarded as subject to the review provisions AMERICAN TELEPHONE AND C o m m i s s i o n , of Part 385 (14 CFR Part 385). The provi­ TELEGRAPH CO. sions of that part dealing with petitions [ s e a l ] B e n F. W a p l e , for Board review will be applicable to any Order Regarding Procedural Dates Secretary. final action which may be taken by the [F.R. Doc. 68-3365; Filed, Mar. 19» staff in this matter under authority dele­ In the matter of American Telephone 8 :4 7 a m . ] gated in § 385.14(g). and Telegraph Co., and the Associated

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4761 [Docket Nos. 18064-18066; FCC 68M-444] propose^ station would provide a common purpose is to provide coverage of Gardi­ CLEAR VISION TV COMPANY OF carrier communications service to com­ ner’s Bay, Shelter Island, Long Island BESSEMER ET AL. mercial and pleasure vessels operating in Sound and the Montauk Point area. Peti­ the central Long Island Sound area. On tioner alleges that all of the named Order Scheduling Hearing February 23, 1966, Liberty Communica­ areas are well within the service contour tions, Inc. (Liberty), filed an application In re petitions by Clear Vision TV Com­ of Advanced’s facility at Groton and, for a construction permit for a new public therefore, the application constitutes pany of Bessemer, Bessemer, Brighton, coast station at Trumbull, Conn., oper­ and Brownville, Ala., Docket No. 18064, duplication under § 81.303 1 and should ating on the frequencies 156.8 and 162.0 be denied. File No. CATV 100-47; Telvue Cable Mc/s. The proposed station would also Alabama, Inc., unincorporated area of (bT New York Telephone established provide a common carrier communica­ KEA 693 at New York City in 1947 and Jefferson County, south of Birmingham, tions service to commercial and pleasure Ala., Docket No. 18065, File No. CATV nearly 20 years have elapsed before an vessels operating in Long Island Sound. effort was made to serve the Montauk 100-238; Jefferson Cablevision Corp., 2. New York Telephone Co., in sepa­ Homewood and Irondale, Ala., Docket No. rate petitions to deny, opposed both ap­ area. The effort to serve this area now 18066, File No. CATV 100-242; for au­ plications primarily on the grounds that takes the form of an application filed ap­ thority pursuant to § 74.1107 of the rules operation of the proposed stations on the proximately 60 days before the activation to operate CATV systems in the Birming­ frequencies requested would cause elec­ of the Groton station. Petitioner sub­ ham, Ala., television market. trical interference to New York Tele­ mits that it is entitled to protection It is ordered, That Elizabeth C. Smith phone’s public coast III-B station KEA from destructive and ruinous economic shall serve as Presiding Officer in the 693 located at New York City which op­ competition within its service area, and above-entitled proceeding; that the hear­ erates on the frequencies 161.9 and 162.0 that this is especially true in light of ings therein shall be convened on May 21, New York Telephone’s unrealistically low Mc/s. New York indicated that it would tariff. 1968, at 10 a.m.; and that a prehearing offer no objection to applications for conference shall be held on April 24,1968, other frequencies. Subsequently, Ad­ (c) The separation between New York commencing at 9 a.m.; And, It is further vanced amended its application to delete Telephone’s proposed stations at River- ordered, That all proceedings shall take 161.9 Mc/s and specified in its place head and Noyack will only be 16 miles place in the offices of the Commission, 161.95 Mc/s and Liberty amended its ap­ and the technical justification submitted Washington, D.C. plication to delete 162 Mc/s and specified by New York for the proximity of the Issued: March 13,1968. in its place 161.85 Mc/s. The petitions to two stations is not supported by en­ gineering data. Released: March 15, i968. deny filed dn February 21, 1966, and April 7, 1966, by New York and related (d) The Noyack application falls un­ F e d e r a l C ommunications pleadings in opposition and reply are, der the provisions of § 81.452 in that New C o m m i s s i o n , therefore, moot. York has pending an application for a [ s e a l ] B e n F . W a p l e , 3. On November 14, 1966, New York facility at Riverhead which covers es­ Secretary. Telephone Co. filed an application for a sentially the same geographic area. [F.R. Doc. 68-3366; Filed, Mar. 19, 1968; construction permit for a new public class (e) The technical adequacy of the 8 :4 7 a .m .] n i - B coast station at Riverhead, Long New York Telephone proposal is ques­ Island, N.Y., operating on the frequencies tionable. Advanced states that by locat­ 156.8 and 161.95 Mc/s. The estimated ing the control points at Hempstead, 75 [Docket Nos. 18088-18090; FCC 68-289] coverage area would include the central miles from the proposed Noyack trans­ a d v a n c ed COMMUNICATIONS CO. Long Island Sound area as well as the mitter, there is no possibility of main­ Atlantic Ocean side of Long Island. ET AL. taining a continuous aural monitor of 4. On January 10,1967 New York Tele­ signals transmitted by the station. It Memorandum Opinion and Order phone filed an application for a con­ recognizes that there is no “firm re­ Designating Applications for Con­ struction permit for a new public class quirement” under the rules, but feels solidated Hearing on Stated III-B coast station at Noyack, Long Is­ good engineering dictates its use. Issues land, N.Y., operating on the frequencies (f) The New York Telephone tariff is 156.8 and 162 Mc/s. This station is ap­ questionable in view of the 75-mile In the matter of applications of Francis proximately 17 miles from New York separation between station and control i- Lambert and Harry L. Brock, Jr. trad­ Telephone’s proposed station at River- ing as Advanced Communications Co. for head. A petition to deny this application a construction permit for a new public was filed by Advanced. Opposition to the 1A public coast station shall not be author­ class p I-B coast station to be located at petition was filed by New York Tele­ ized to provide a very high frequency mari­ phone. Reply to the opposition of New time mobile service by the use of any fre­ Stratford, Conn. (File No. 2834-M-P-16) quency assignment above 100 Mc/s solely and to add an additional frequency to York was filed by Advanced. The pro­ to any geographic area in which such service 5 m °^ KWB 437• Groton, Conn. (File No. posed station at Noyack is approximately is already provided, or for which a valid Nao i?oF“ 67)’ Docket No. 18088, File 32 miles from Advanced’s Public Coast construction permit or permits has or have Nos. 2834-M-P-16, 3872-M-P-67; Appli- Station at Groton, Conn., which is au­ been issued for the establishment of a sta­ ation of Liberty Communications, Inc., thorized 161.9 Mc/s. Subsequently, Ad­ tion or stations to provide such service in pr\a construction permit for a new public vanced filed an application on June 6, that area, unless the applicant shall make an affirmative showing that the public in­ Tvitlu T:B coast ^ t io n to be located at 1967, to add the frequency 162 Mc/s at its public coast station in Groton, KWB terest, convenience, or necessity would be «nmbull, Conn. (File No. 2906-M-P-26), served by such a grant, and, among other pocket No. 18089, File No. 2906-M-P-26; 437. A petition to deny the application things, that there is a need for such addi­ ppucations of New York Telephone Co., was filed by New York Telephone on Au­ tional facilities in the area involved, that clLC? ^ ctlon Permit for new public gust 3, 1967. Opposition to the petition the authorized facilities in that area are coast stations to be located at was filed by Advanced. Reply to the op­ not, or will not be, adequate to meet the ^ erl?ead, N.Y. (File No. 3369-M-P-116), position was filed by New York. A treat­ very high frequency communication needs ana at Noyack, N.Y. (File No. 3490-M-P- ment of the two petitions and related in the area, and that the applicant’s pro­ p ' l J S No. 18090, File Nos. 3369-M- pleadings follows and is dispositive of all posed facilities involving a frequency as­ r~U8,3490-M-P-17). these pleadings. Each petitioner is found signment above 100 M c/s will serve the very high frequency communication needs in such bi ; J a n u a r y 3,1966, Francis I. Lam- to be a party in interest. area. Advn^n^ Harry L* Brock, Jr. trading as Pleadings directed to New York Tele­ «When an applicant has an application v £ S f dfil? mmunlca‘ ions

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4762 NOTICES point. Advanced states that normal prac­ New York submitted additional technical (f) Petitioner contends that the pro­ tice would require an absolute minimum data in alleged justification thereof. posed Riverhead station was designed to of three telephone pairs between control (f) In response to the allegation re­avoid overlap with Groton, and, there­ point and transmitter to operate the garding the technical adequacy of the fore, no protest was filed. It asserts that station, for a total of 225 miles of land Noyack station, New York states its New York is now trying to patch gaps line. At the New York Telephone rate Hempstead control point, which would in its coverage area, which were designed for leased lines, the cost of the lines control Noyack, is manned on a 24-hour into the system to avoid duplication alone would exceed the gross radio link basis by licensed personnel who are avail­ problems with Groton. revenue of the two-channel New York able to assist the operator on any diffi­ (g) Petitioner concedes that the City station for 1965. Petitioner con­ culties encountered in providing a com­ Hempstead control point is adequately cludes that some other customer area of mercial grade service. New York takes manned. It fails to see the justification New York Telephone is being forced to the position that the arrangement is for the 75-mile separation and contends bear the cost of the “unusual” separa­ satisfactory for provision of the proposed that New York Telephone did not give tion. It suggests that the Commission re­ service and it is in full compliance with a satisfactory response to the landline view the tariff on file and require a the Commission’s rules and sound engi­ expense question. Advanced alleges that showing as to how the applicable radio neering practice. the uneconomical operation of the link charge for Public Coast III-B service Advanced’s reply to opposition to peti­ Noyack station, under tariffs on file, can tion to deny: only result in a high telephone bill for was arrived at. some other users of the telephone sys­ New York’s opposition to petition to (a) Advanced asserts that the station tem. deny: does in fact constitute a duplication of Analysis of pleadings: (a) New York contends that the serv­ facilities and makes reference to the The pleadings directed to New York ice area proposed to be served by its coverage area set forth in New York’s Telephone’s Noyack application present Noyack and Riverhead stations will not original letter of transmittal. It asks the substantial and material questions of provide service solely to, or even pri­ Commission to note the apparent shift fact. Questions raised concern the fol­ marily to, the geographic area to be in coverage area of the Noyack station lowing matters: served by Advanced’s Groton station. It which has taken place since the filing of (a) The coverage area of the proposed submits (as Exhibit A to its application), the petition to deny. Petitioners urge Noyack station and its relationship to a contour coverage map of the proposed that since there has been no modification the coverage area of Advanced’s Groton stations at Noyack and Riverhead and in technical parameters, the station con­ station, KWB 437, and the coverage area Advanced’s Groton station based on 2 tinues to constitute a duplication of serv­ of New York’s proposed station at River­ jttV/50 ohms at the base station receiver ice as described in § 81.303. head; terminals. Based on that exhibit, New (b) Advanced states it fully intends to (b) In the light of these relationships York feels that there is only a reasonable provide a. receiving capability which the effect upon common carrier com­ amount of overlap and no undesirable equals the coverage contour afforded by munication service to the public in the duplication of coverage. A similar con­ their transmitted signal from Groton. areas concerned; tention is made in its Exhibit B to its They propose to locate remote receivers (c) Whether the rates and charges application which shows contours for at Montauk Point or such other locations proposed for the service of the Noyack the stations using a value of 4/xv/50 ohms as may be found desirable. station are compensatory. as opposed to 2/rv/50 ohms. (c) Advanced asserts that on the basis Pleadings related to Advanced’s appli­ (b) New York alleges that most of the of applicant’s own Exhibit A, the vast cation for modification of Groton Sta­ boats in the effective service area of the majority of the area already served by tion, KWB-437: proposed Noyack station are based on the Groton station is within the effective New York Telephone’s petition to deny: Long Island. It anticipates that the pri­ coverage area of the applicant’s proposed (a) Petitioner has on file an applica­ mary need will be to communicate with Noyack station. Advanced states that the tion for a public coast station at Noyack, points on Long Island. It feels that this effective coverage area of the Groton N.Y., on the frequency of 162 Mc/s. This need can be satisfied in the fullest and station is approximately 1,260 square is the same frequency that Advanced is satisfactory manner if local landline miles. The applicant’s overlap is about now seeking for its Groton station which telephone service is extended to boats in 660 square miles. Petitioners contend is only 32 miles from Noyack. Petitioner the eastern Long Island area by means that more than 50 percent overlap is contends the operation of both of these of VHP maritime mobile service provided not reasonable. stations on 162 Mc/s would result in dis­ through the proposed Noyack station. It (d) Advanced takes exception to Ex­ ruptive electrical interference. states that tariffs containing appropriate hibits A and B submitted by New York. (b) Petitioner contends that 162 Mc/s rates for this extended local exchange It alleges that Exhibit A is based on an at Noyack will better serve the public in­ service will be filed with the New York antenna height of 60 feet above ground terest because continuous communication Public Service Commission. level but this fails to take into account service will then be available to ships (c) New York takes the position that that the tower is located on a hill 165 equipped for 162 Mc/s from Manhattan the proposed Noyack station, operating feet above mean sea level. In addition, to the tip of Long Island. If Groton were in conjunction with the proposed River­ its contour for Groton does not show 2 to use 162 Mc/s, Noyack could not and head station, would provide continuous microvolts at the -ship receiver input a 25-mile communications gap would VHP maritime service in the coastal terminals, but rather the limits at which exist. waters along the north and south shores a ship might deliver a 2-microvolt signal (c) Petitioner contends that the ma­ of Long Island between New York City across the base station’s receiver input jority of vessels operated in and around and Montauk Point with only reasonable terminals. It classifies the 4/iV/50 ohms the Long Island waters are Long Island overlap of station coverage. Further, that contour as an attempt to make an im­ based and their primary need will be to a continuous reliable VHP maritime possible situation look better and alleges communicate with Long Island. service in these heavily traveled waters that no need exists for a 4/*v/50 ohm Advanced’s opposition to petition to would be a vast improvement and would signal for satisfactory reception from deny: relieve congestion on New York’s medium a ship. (a) Advanced agrees that the ®r°.r)1n frequency service. (e) Advanced feels that it should be and Noyack stations are incompatible from both a technical and economic (d) With respect to the interval of able to enjoy the privilege of develop­ ing its service without encroachment of point of view. . time which has elapsed between the (b) Advanced attacks the accuracy oi establishment of VHP maritime service New York Telephone who, it feels, has in New York City and the present appli­ ignored the pleas of marine interests for the technical data submitted by Peti­ cation, New York answers that there VHF service in the area for years. tioner. . f Further, Advanced states that it is pre­ (c) Advanced submits an abstract o has been no requirement until recently. pared to prove that commercial and its station log at Groton to contradic (e) With respect to the proximity of private interests have requested VHP Petitioner’s assertion of a 25-mile com­ its two proposed stations to each other, maritime service for years. munications gap.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4763

(d) Advanced contends that the peti­ tions for the frequency 162.0 Mc/s may Liberty for a station at Trumbull and tioner has been exploiting the lucrative be granted. Advanced for a station at Stratford are New York Harbor traffic since 1947 and 5. An analysis of the coverage areas of dismissed as moot. has ignored the Long Island boats until all the proposed stations shows that the 9. It is further ordered, That the pe­ the applicant’s Groton station was es­ applicants propose to serve the central titions to deny, filed herein by New York tablished and showed signs of being com­ Long Island Sound area. There is no in­ Telephone against the application of mercially successful. formation to indicate the extent of need Advanced for modification of their Gro­ (e) Advanced takes issue with peti­ for public coast stations in this area. Ac­ ton station KWB-437 and by Advanced tioner’s statement to the effect that most cordingly, and in view of the substantial against the application of New York of the vessels operated in and around material questions of fact referred to Telephone for a station at Noyack, are Long Island waters are based in New above, the Commission is unable to make granted to the extent indicated herein York City and Long Island. Further, it a determination that it would be in the and are otherwise denied. contends that, if a need to communicate public interest to grant the applications. 10. It is f urther ordered, That coverage with New York arises, Advanced’s op­ It appears therefore, that an evidentiary area will be computed on the basis of erators “will swiftly make the connec­ hearing must be held to determine if the the information contained in Commis­ tion” and the tariff will be considerably public interest would be served by a grant sion Report No. R-6703 Development of less on an interstate basis than on an of any or all of the subject applications. VHF Propagation Curves for the Mari­ intrastate basis “for the same V-H dis­ Except for the issues specified herein, the time Mobile Radio Service or such other tance.” applicants are otherwise qualified. standards as may be agreed upon by all New York Telephone’s reply to opposi­ 6. It is ordered, That the above-en­ the parties. tion: titled applications of Advanced Commu­ 11. It is further ordered, That to avail (a) New York reasserts the correct­ nications Co., Liberty Communications, themselves of an opportunity to be heard, ness of its technical data relating to the Inc., and New York Telephone Co. are Advanced Communications Co., Liberty coverage area of its proposed station designated for hearing in a consolidated Communications, Inc., and New York at Noyack. proceeding at a time and place to be Telephone Co., pursuant to § 1.221(c) of (b) New York submits that Advanced’s specified in a subsequent order on the fol­ the Commission’s rules, in person or by showing the calls received from various lowing issues: attorney, shall within twenty (20) days vessels is not a reliable indicator of cover­ (a) To determine the facts with re­ of the mailing of this order file with the age because no information is given on spect to the proposed facilities, rates, Commission, in triplicate, a written ap­ the conditions under which the calls practices, and services of each applicant pearance stating an intention to appear were made. including the area served and to be on the date set for hearing and present (c) New York takes issue with the as­ served by each. evidence on the issues specified in this sertion by Advanced that for 20 years (b) To determine the economic im­ order. after 1947 New York ignored the Long pact on station KWB-437 if the applica­ Issued: March 13,1968. Island boats. It asserts that it has tion of New York Telephone for a station operated a coastal harbor service on 2 at Noyack is granted. Released: March 18,1968. (c) To determine, in light of the 75- Mc/s covering all of the waters in and F e d e r a l C ommunications around Long Island since 1936. The mile proposed separation between the Noyack station and its control point, C o m m i s s i o n ,® Noyack application is a direct result of [ s e a l ] B e n F . W a p l e , the crowded conditions on 2 Mc/s and the whether the applicable radio link charge Secretary. increasing public demand for better and is compensatory. (d) To determine the nature, source, [F.R. Doc. 68-3367; Filed, Mar. 19, 1968; more extensive VHF maritime coverage 8 :4 7 a.m .] around Long Island. and amount of traffic to be handled by each of the stations. (d) New York contends that Advanced (e) To determine whether there is a sets forth no reason why it should have need for any or all of the public coast 162 Mc/s rather than some other fre­ facilities applied for, taking into con­ quency. On the other hand, the Tele­ sideration existing stations and proposed FEDERAL MARITIME COMMISSION phone Company asserts that it has stated stations. [Docket No. 68-10] several reasons. (f) To determine whether there is a INTER-AMERICAN FREIGHT CONFER­ Analysis of pleadings: need for assignment of an additional The pleadings directed to Advanced’s frequency to station KWB-437. ENCE CARGO POOLING AGREE­ application for modification of the (g) To determine whether the public MENTS license for station KWB-437 present sub­ interest would be served by the'assign­ First Supplemental Order stantial and material questions of fact. ment of 162.0 Mc/s to Noyack or to Questions raised concern the following Groton. Inter-American Freight Conference matters: ' (h) To determine the nature and ex­ Cargo Pooling Agreements Nos. 9682, coverage area of station tent of co-channel interference if any, 9683, and 9684. KWB-437 and its relationship to the that would arise from simultaneous op­ On February 19, 1968, the Commission coverage area of the proposed stations at eration of the facilities proposed by Ad­ instituted the subject investigation. The overhead and Noyack and the existing vanced and New York Telephone Co. on order of investigation recited the fol­ station K E A 693; 161.95 Mc/s and whether such interfer­ lowing: (b) Whether there is a need for as- ence would be tolerable or mutually de­ “It is rumored that rebating and other signment of 162 Mc/s to station KWB- structive. malpractices have been rife in this trade and W7; and (i) To determine, in the light of the that the proposed pools are believed by evidence adduced on all the foregoing the proponents to be a solution to these (c) Whether the public interest would issues, whether the public interest, con­ problems * * *” pe served by the assignment of 162 Mc/s 10 either Noyack or Groton. venience and necessity will be served by In order to make it clear to all par­ a grant of any or all of the subject respect to the proposed station at ties that possible malpractices are at applications. issue in this proceeding, the Commission 4o7^ac* on 162 M c /s and station KWB- 1. It is further ordered, That the bur­ is of the opinion that the order of investi­ niilf f€quest for 162 Mc/s, both ap- den of proceeding with the introduction gation should be expanded to include the*nts ^ave agreed that operation of of evidence on issue (c) is placed upon in 3 Nations on 162 Mc/s would result the specific issue of rebates and mal­ New York Telephone and on issues (b) practices. disruptive electrical inter- and (f) upon Advanced Communications sn#v>if 6‘ Accordingly, the issues do not Co. Therefore it is ordered, That pursuant Hah,, x11 electrical interference issue 8. It is further ordered, That the pe­to sections 16, 18(b)(3), and 22 of the stations mi 162.0 Mc/s but titions to deny, filed herein by New York er which, if either, of the applica­ Telephone against the applications of 8 Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4764 NOTICES

Shipping Act, 1916, as amended, the in­ the functions of its Maritime Activities vestigation and hearing in the instant are not those of a railroad. Any inter­ proceeding hereby is expanded in order SMALL BUSINESS ested person desiring to participate may to determine whether any common car­ file an original and seven copies of his riers by water in the subject trades.either ADMINISTRATION written representations, views or argu­ [Delegation of Authority No. 30-6 (South­ ment in support of, or against, the peti­ alone or in conjunction with any other western A rea), Disaster No. 636] person, directly or indirectly made or tion within 30 days from the date of gave any undue preference or advantage MANAGER, DISASTER BRANCH publication in the Federal R egister. to any particular person, locality, or OFFICE, HARLINGEN, TEX. By the Commission. description of traffic in any respect what­ soever or subjected any particular per­ Delegation of Authority [seal] H. Neil Garson, Secretary. son, iocality, or description of traffic to Notice is hereby given that Delegation any undue or unreasonable prejudice or [F .R . D o c . 6 8-3353; F iled , M ar. 19, 1968; of Authority No. 30-6, Disaster No. 636, 11:46 a.m .] disadvantage in any respect whatsoever 32 F.R. 14353, dated November 17, 1967, in violation of section 16 First of the is hereby rescinded in its entirety. Act; and whether any common carrier or Effective Date: March 10,1968. [No. 34918] other person subject to this Act either R obert E. W est, ILLINOIS INTRASTATE RAIL RATES alone or in conjunction with any other Area Administrator, Dallas, Tex. AND CHARGES person directly or indirectly allowed any [F.R. Doc. 68-3336; Filed, Mar. 19, 1968; At a session of the Interstate Com­ person to obtain transportation for 8 :4 6 a .m .] merce Commission, Division 2, held at property at less than the regular rates its office in Washington, D.C., on the 6th or charges then established and en­ day of March 1968. forced on the lines of such carriers by It appearing, That in Ex Parte No. 256, means of any unjust or unfair device or INTERSTATE COMMERCE Increased Freight Rates, 1967, 329 I.C.C. means in violations of sections 16 Second 854, 332 I.C.C. 280, the Commission au­ COMMISSION thorized carriers subject to the Inter­ and 18(b) (3) of the Act. [F.D. 24991] It is further ordered, That notice of state Commerce Act parties thereto to make certain increases in their freight this supplemental order be published in ALABAMA STATE DOCKS DEPARTMENT rates and charges for interstate appli­ the Federal R egister and that a copy cation throughout the United States, and thereof be served upon respondents and Notice of Filing of Petition for Declar­ that increases under such authorizations petitioners. atory Order Under Section 5(d) of have been made; By the Commission. the Administrative Procedure Act It further appearing, that a petition dated December 18, 1967, has been filed [seal] T homas Lisi, March 15,1968. on behalf of all the common carriers by Secretary. Petitioner: ALABAMA STATE DOCKS railroad listed in the attached appendix [F.R. Doc. 68-3368; Filed, Mar. 19, 1968; DEPARTMENT, an agency of the State who operate from, to, and between points 8 :4 7 a .m .] of Alabama. Petitioner’s attorneys: in the State of Illinois, averring that the David G. Macdonald, John Guandolo, Illinois Commerce Commission has re­ 1000 16th Street NW., Washington, D.C. fused to authorize or permit increases in By pleading filed March 1, 1968, the rates and charges on commodities mov­ SECURITIES AND EXCHANGE Alabama State Docks Department, an ing in intrastate commerce correspond­ agency of State of Alabama, seeks a de­ ing to the increases authorized by the COMMISSION termination, for administrative purposes, Commission in the proceeding listed of the status of its Maritime Activities. above on interstate traffic as more fully SANTA FE INTERNATIONAL, INC. Petitioner is a single legal entity oper­ described in said report; to which pe­ Order Suspending Trading ating various Maritime Facilities and tition replies were filed by the Central controls a Terminal Railway. The pur­ Illinois Light Co., Electric Energy, Inc., March 14,1968. pose of such determination is to estab­ designated members of the Institute of It appearing to the Securities and Ex­ lish whether those employees of peti­ Scrap Iron and Steel, Inc., the Illinois change Commission that the summary tioner engaged in its Maritime Activities Power Co., the Central Illinois Public suspension of trading in the common are to be considered employees of a com­ Service Co., and the Union Electric Co., mon carrier by railroad under the Rail­ It further appearing, that petitioners stock of Santa Fe International, Inc., way Labor Act. In particular, such a allege that the failure of the Illinois Denver, Colo. (Formerly Santa Fe determination is requested in order to Commerce Commission to permit the in­ Uranium and Oil Co., Inc.), otherwise ascertain the applicability of section 2, creases in rates and charges on intrastate than on a national securities exchange is ninth, of the Railway Labor Act (45 commerce unduly burdens and unjustly required in the public interest and for U.S.C. 152), authorizing the National discriminates against interstate com­ Mediation Board to investigate disputes merce in violation of section 13 of the the protection of investors; among employees of a carrier as to who It is ordered, Pursuant to section 15 Interstate Commerce Act; are their representatives and giving the And it further appearing, that a mo­ (c) (5) of the Securities Exchange Act Board access to, and the power to make tion to dismiss the petition was _file^ of 1934, that trading in such securities copies of, books and records of the car­ January 19, 1968, by the Illinois Com­ otherwise than on a national securities rier, to petitioner in regard to its Mari­ merce Commission, to which motion t exchange be summarily suspended, this time Activities. It is asserted that the petitioners replied; determination of petitioner’s status as a It is ordered, That the motion to dis­ order to be effective for the period carrier or a noncarrier would appar­ March 15, 1968, through March 24, 1968, miss the petitioji be, and it is hereby," ently have broad implications under the nied, for the reason that sufficien both dates inclusive. Railway Labor Act, the Interstate Com­ grounds have not been shown to warr By the Commission. merce Act, and numerous other federal statutes purporting to regulate carriers granting the relief sought; [SEAL] ORVAL L. DuBOIS, of various types and the labor forces It is further ordered, That an Secretary. they employ. Petitioner requests that the gation be, and it is hereby, tasbtatea, [F.R. Doc. 68-3336; Filed, Mar. 19, 1968; Commission enter a finding, after appro­ and that a hearing be held therei 8:46 a.m.] priate investigation and hearing, that the purpose of receiving evidence

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4765 the respondents hereinafter designated, East St. Louis Junction Railroad Co. Ohio-Ind., over U.S. Highway 52 to junc­ and any other persons interested, to Elgin, Joliet and Eastern Railway Co. tion Ohio Highway 128 (U.S. Highway determine whether the said rates and Erie-Lackawanna Railroad Co. 50 bypass), thence over Ohio Highway charges of the common carriers by rail­ Grand Trunk Western Railroad Co. Gulf, Mobile and Ohio Railroad Co. 128 to junction U.S. Highway 50, thence road, or any of them, operating in the IUinois Central Railroad Co. over U.g. Highway 50 to junction Inter­ State of. Illinois for the intrastate trans­ Illinois Northern Railway. state Highway 65, thence over Interstate portation of commodities as described in Illinois Terminal Railroad Co. Highway 65 to Louisville, Ky., (2) from the report listed above, made or imposed Indiana Harbor Belt Railroad Co. junction U.S. Highway 50 and Indiana by authority of the State of Illinois The La Salle and Bureau County Rail­ Highway 62 over Indiana Highway 62 to cause, or will cause, by reason of the ro a d C o. junction Interstate Highway 65, (3) from failure of such rates and charges to in­ Louisville and Nashville Railroad Co. junction U.S. Highway 50 and Indiana clude increases corresponding to those Manufacturers’ Junction Railway Co. Missouri-Illinois Railroad Co. Highway 7 over Indiana Highway 7 to permitted by this Commission for inter­ Missouri Pacific Railroad Co. junction Indiana Highway 3, thence over state traffic in the proceeding listed Monon Railroad. Indiana Highway 3 to junction Indiana above, any undue or unreasonable ad­ Norfolk and Western Railway Co. Highway 62, and (4) from Cincinnati, vantage, preference or prejudice, as be­ Paducah & Illinois Railroad Co. Ohio, over U.S. Highway 52 to junction tween persons or localities in intrastate The Pennsylvania New York Central unnumbered highway (formerly portion commerce, on the one hand, and inter­ Transportation Co. U.S. Highway 52), near Dent, Ohio, state or foreign commerce, on the other Peoria and Pekin Union Railway Co. thence over unnumbered highway via hand, or any undue, unreasonable or Peoria Terminal Co. Soo Line Railroad Co. Harrison, Ohio, to junction U.S. High­ unjust discrimination against, or undue Southern Railway Co. way 52, thence over U.S. Highway 52 burden on, interstate or foreign com­ Terminal Railroad Association of St. Louis. via Brookville and Rushville, Ind., to merce; and to determine what rates and Toledo, Peoria & Western Railroad Co. Indianapolis, Ind., and return over the charges shall be prescribed to remove the The Belt Railway Company of Chicago. same routes. unlawful advantage, preference, preju­ [F.R. Doc. 68-3354; Filed, Mar. 19, 1968; No. MC 2401 (Deviation No. 20), dice, discrimination, or undue burden, if 8 :4 6 a.m .] any, that may be found to exist; MOTOR FREIGHT CORPORATION, It is further ordered, That all com­ 2345 South 13th Street, Post Office Box [Notice 490] 2057, Idaho Station, Terre Haute, Ind. mon carriers by railroad operating 47802, filed March 8, 1968. Carrier pro­ within the State of Illinois subject to the MOTOR CARRIER ALTERNATE ROUTE jurisdiction of this Commission be, and poses to operate as a common carrier, by they are hereby, made respondents to DEVIATION NOTICES motor vehicle, of general commodities, this proceeding; that a copy of this order with certain exceptions, over a deviation March 15,1968. route as follows; From Nashville, Tenn., be served upon each of the said respond­ The following letter-notices of pro­ ents, and that the State of Illinois be over Interstate Highway 65 to junction posals to operate over deviation routes Interstate Highway 264, south of Louis­ notified of the proceeding, by sending a for operating convenience only have been copy of this order by certified mail to the ville, Ky., thence over Interstate Highway filed with the Interstate Commerce Com­ 264, to junction Interstate Highway 64, Governor of the State, Springfield, HI., mission, under the Commission’s Devia­ and the Illinois Commerce Commission, east of Louisville, Ky., thence over Inter­ tion Rules Revised, 1957 (49 CFR 211.1 state Highway 64 to junction Interstate State Office Building, Springfield, 111.; (c) (8) ) and notice thereof to all inter­ It is further ordered, That notice of Highway 75, north of Lexington, Ky., ested persons is hereby given as provided thence over Interstate Highway 75, to this proceeding be given to the public by in such rules (49 CFR 211.1(d) (4)). depositing a copy of this order in the Cincinnati, Ohio, and return over the office of the Secretary of the Commission Protests against the use of any pro­ same route, for operating convenience posed deviation route herein described at Washington, D.C., and by filing a copy only. The notice indicates that the carrier with the Director, Office of the Federal may be filed with the Interstate Com­ is presently authorized to transport the Register, Washington, D.C.; merce Commission in the manner and same commodities, over pertinent service And it is further ordered, That this form provided in such rules (49 CFR route as follows: (1) From Nashville, proceeding be assigned for hearing at 211.1(e) ) at any time, but will not oper­ Tenn., over U.S. Highway 41 to junction such time and place as the Commission ate to stay commencement of the pro­ U.S. Highway 431 north of Springfield, may hereinafter designate. ' posed operations unless filed within 30 Tenn., thence over U.S. Highway 431 to days from the date of publication. the Tennessee-Kfentucky State line, By the Commission, Division 2. Successively filed letter-notices of the thence over U.S. Highway 431 to Adair- same carrier under the Commission’s *-SEAL^ H. Neil Garson, ville, Ky., (2) from Adairville, Ky., over Secretary. Deviation Rules Revised, 1957, will be U.S. Highway 431 to Russellville, Ky., Appendix numbered consecutively for convenience (3) from Russellville, Ky., over U.S. in identification and protests if any Highway 431 to Owensboro, Ky., (4) Alton and Southern Railroad. should refer to such letter-notices by serving points in Ohio County, Ky., west Atchison, Topeka and Santa Fe Railway Co. number. of Kentucky Highway 369 and south of U.S. Highway 62, as off-route point in Elgin and Fox River Electric Co. Motor Carriers of Property o Baltimore and Ohio Chicago Terminal connection with carrier’s regular-route Railroad Co. No. MC 2401 (Deviation No. 19), operations between Russellville and C h t Baltimore and Ohio Railroad Co. MOTOR FREIGHT CORPORATION, Owensboro, Ky., authorized herein (in­ icago & Eastern Illinois Railroad Co. 2345 South 13th Street, Post Office Box cludes that portion of Beaver Dam, Ky., Ch£!8°«,& Illinois Midland Railway Co. 2057, Idaho Station, Terre Haute, Ind. lying west of Kentucky Highway 369 and Chi a8° ^ RRnois Western Railroad. 47802, filed March 8, 1968. Carrier pro­ south of U.S. Highway 62), (5) serving Chi™80 ^ North Western Railway Co. Chino t Western Indiana Railroad Co. poses to operate as a common carrier, Beaver Dam, Ky., as an off-route point Chint^’n?Urlingt(>n & Quincy Railroad Co. by motor vehicle, of general commod­ in connection with carrier’s regular- Chir.a8° Great Western Railway Co. ities, with certain exceptions, over a de­ route operations to and from Louisville, Terminal Transfer Rail- viation route as follows; From Louisville, Ky., (6) from Harrison, Ohio-Ind., over Ky., over Interstate Highway 264 to U.S. Highway 52 to junction Ohio High­ ^ S o a d M^WaUkee’ St> Paul and Paciiic junction Interstate Highway 71, thence way 128 (U.S. Highway 50 bypass), over Interstate Highway 71 to Cincin­ thence over Ohio Highway 128 to junc­ Chicfii!C^ ° ,Piver and Indiana Railroad Co. nati, Ohio, and return over the same tion U.S. Highway 50, thence over U.S. C h i n a Island and Pacific Railroad Co. Ch o a f S*ort Line Rahway Co. route, for operating convenience only. Highway 50 to junction Interstate High­ The notice indicates that the carrier is way 65, thence over Interstate Highway Raifroad °Uth Shore and South Bend presently authorized to transport the 65 to Louisville, Ky. (also from junction road°o0^ es^ Pullman & Southern Rail- same commodities, over pertinent serv­ U.S. Highway 50 and Indiana Highway 62 ice routes as follows: (1) From Harrison, over Indiana Highway 62 to junction

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 No. 55— Ft. I---- 6 4766 NOTICES

Interstate Highway 65; and also from F'rom Columbus, Ohio, over U.S. High­ LOCAL EXPRESS, Box 33, Rural Deliv­ junction U.S. Highway 50 and Indiana way 40 to West Jefferson, Ohio, (2) from ery 4, Waynesburg, Pa. 15370, filed March Highway 7 over Indiana Highway 7 to West Jefferson, Ohio, over U.S. Highway 7, 1968. Carrier’s representative: Henry junction Indiana Highway 3, thence over 40 to Summerford, Ohio, (3) from Sum- M. Wick, Jr., 2310 Grant Building, Pitts­ Indiana Highway 3 to junction Indiana merford, Ohio, over U.S. Highway 40 to burgh, Pa. 15219. Carrier proposes to Highway 62), and (7) from Cincinnati, Springfield, Ohio, (4) from Springfield, operate as a common carrier, by motor Ohio, over U.S. Highway 52 to junction Ohio, over U.S. Highway 40 to junction vehicle, of general commodities, with unnumbered highway (formerly portion Ohio Highway 440 (formerly portion U.S. certain exceptions, over deviation routes U.S. Highway 52) near Dent, Ohio, Highway 40), thence over Ohio Highway as follows: (1) From Pittsburgh, Pa., thence over unnumbered highway via 440 to junction U.S. Highway 40, thence over Interstate Highway 79 to junction Harrison, Ohio, to junction U.S. High­ over U.S. Highway 40 to junction U.S. Pennsylvania Highway 50, thence over way 52, thence over U.S. Highway 52 via Highway 35, (5) from junction U.S. Pennsylvania Highway 50 to junction Brookville and Rushville, Ind., to Indi­ Highways 40 and 35 over U.S. Highway Interstate Highway 79, thence over In­ anapolis, Ind., and return over the same 40 via Richmond, Ind., to Indianapolis, terstate Highway 79 to junction Inter­ routes. Ind., (5) from Indianapolis, Ind., over state Highway 70, thence over Interstate U.S. Highway 52 to Montmorenci, Ind., Highway 70 to junction Interstate High­ No. MC 2401 (Deviation No. 21), way 79, thence over Interstate Highway MOTOR FREIGHT CORPORATION, thence over U.S. Highway 231 (formerly portion Indiana Highway 53) to junc­ 79 to junction Pennsylvania Highway 21, 2345 South 13th Street, Post Office Box thence over Pennsylvania Highway 21 2057, Idaho Station, Terre Haute, Ind. tion Indiana Highway 53, thence over Indiana Highway 53 to junction U.S. to Waynesburg, Pa., and (2) from Pitts­ 47802, filed March 8, 1968. Carrier pro­ burgh, Pa., over Interstate Highway 79 poses to operate as a common carrier, by Highway 30, thence over U.S. Highway 30 to Chicago Heights, 111., thence north to junction Pennsylvania Highway 50, motor vehicle, of general commodities, thence over Pennsylvania Highway 50- with certain exceptions, over a deviation over unnumbered highway to junction U.S. Highway 54, thence over U.S. High­ to junction Interstate Highway 79, route as follows: Prom Nashville, Tenn., thence over Interstate Highway 79 to over Interstate Highway 24 to junction way 54 to Chicago, 111., and (6) from Chicago, 111., over Alternate U.S. High­ Washington, Pa., and (3) from Wash­ Interstate Highway 57, near Pulleys ington, Pa., over U.S. Highway 19 to Mill, HI., thence over Interstate Highway way 30 to junction unnumbered highway at a point approximately 2% miles south­ junction Interstate Highway 79, thence 57 to junction Interstate Highway 64, over Interstate Highway 79 to junction near Mount Vernon, HI., thence over In­ east of Emerson, 111., thence over un­ numbered highway via Emerson to junc­ Pennsylvania Highway 21, thence over terstate Highway 64 to East St. Louis, Pennsylvania Highway 21 to Waynes­ 111., and return over the same route, for tion U.S. Highway 30 at a point approxi­ mately 3 miles southwest of Emerson, burg, Pa., and return over the same operating convenience only. The notice routes, for operating convenience only. indicates that the carrier is presently thence over U.S. Highway 30 to junc­ tion Iowa Highway 131, thence over Iowa The notice indicates that the car­ authorized to transport the same com­ rier is presently authorized to transport modities, over pertinent service routes as Highway 131 to junction Iowa Highway 212, thence over Iowa Highway 212 to the same commodities, over a pertinent follows: (1) Prom Nashville, Tenn., over service route as follows: From Pitts­ U.S. Highway 41 to junction U.S. High­ junction U.S. Highway 30, thence over U.S. Highway 30 to Missouri Valley, Iowa, burgh, Pa., over U.S. Highway 19 to way 431, north of Springfield, Tenn., Waynesburg, Pa., and return over the thence over U.S. Highway 431 to the thence over Alternate U.S. Highway 30 (formerly portion U.S. Highway 75) to same route, restricted to the condition Tennessee-Kentucky State line, thence that no service is authorized to or from over U.S. Highway 431 to Adairville, Ky., Council Bluffs, Iowa, and return over the same routes. Pittsburgh, Washington, or Waynesburg, (2) from Adairville, Ky., over U.S. High­ Pa., for pickup and delivery of traffic way 431 to Russellville, Ky., (3) from No. MC 4963 (Deviation No. 24), JONES MOTOR CO., INC., Bridge Street originating at or destined to said points. Russellville, Ky., over U.S. Highway 431 No. MC 43421 (Deviation No. 17), to Owensboro, Ky., (4) from Owensboro, and Schuykill Road, Spring City, Pa. 19475, filed March 8, 1968. Carrier pro­ DOHRN TRANSFER COMPANY, Post Ky., over U.S. Highway 231 to junction Office Box 1237, Rock Island, 111. 61202, Indiana Highway 66, thence over Indiana poses to operate as a common carrier, by motor vehicle, * of general commodi­ filed March 4,1968. Carrier’s representa­ Highway 66 to Evansville, Ind., (5) from tive: Edward G. Bazelon, 39 S o u th Stanley, Ky., over U.S. Highway 60 to ties, with certain exceptions, over devia­ tion routes as follows: (1) From Toledo, La Salle Street, Chicago, HI. 60603. Car­ junction U.S. Highway 41 near Hender­ rier proposes to operate as a common son, Ky., thence over U.S. Highway 41 Ohio, over Interstate Highway 75 to De­ troit, Mich., (2) from Morton, 111., over carrier, by motor vehicle, of general to Evansville, Ind., (6) from junction commodities, with certain exceptions, U.S. Highways 41 and 60 (near Hender­ Interstate Highway 74 to Galesburg, 111., and (3) from junction Interstate High­ over a deviation route as follows: Be­ son, Ky.) over U.S. Highway 41 to tween Cleveland, Ohio, and B o sto n , Sebree, Ky., thence over Kentucky High­ way 76 and U.S. Highway 22 over U.S. Highway 22 to Armagh, Pa., thence over Mass., over Interstate Highway 90, for way 56 to Beech Grove, Ky., (7) from operating convenience only. The n o tic e Evansville, Ind., over U.S. Highway 41 to Pennsylvania Highway 403 to Johnstown, Pa., thence over Pennsylvania Highway indicates that the carrier is p re s e n tly Vincennes, Ind., and <8) from Vincen­ authorized to transport the same c o m ­ nes, Ind., over U.S. Highway 50 to East 56 to junction U.S. Highway 220, thence over U.S. Highway 220 to junction Inter­ modities over a pertinent service rou te St. Louis, HI., and return over the same as follows: From Cleveland, Ohio, over routes. state Highway 76, and return over the same route, for operating convenience U.S. Highway 20 to Auburn, N.Y., th e n c e No. MC 2401 (Deviation No. 22), over New York Highway 5 to Albany, MOTOR FREIGHT CORPORATION, only. The notice indicates that the car­ rier is presently authorized to trans­ N.Y., thence over U.S. Highway 20 to 2345 South 13th Street, Post Office Box Boston, Mass., and return over the sam e 2057, Idaho Station, Terre Haute, Ind. port the same commodities, over perti­ nent service routes as follows: (1) From route. 47802, filed March 8, 1968. Carrier pro­ No. MC 43421 (Deviation No. 18). poses to operate as a common carrier, Toledo, Ohio, over U.S. Highway 24 to Flat Rock, Mich., thence over U.S. High­ DOHRN TRANSFER COMPANY, Post by motor vehicle, of general commodities, Office Box 1237, Rock Island, HI. 61202, with certain exceptions, over a devia­ way 25 to Detroit, Mich., (2) from Mor­ filed March 4, 1968. Carrier’s repre­ ton, HI., over U.S. Highway 150 to Gales­ tion route as follows: Prom Columbus, sentative: Edward G. Bazelon, 39 “ ou t Ohio, over Interstate Highway 70 to burg, 111., and (3) from junction Inter­ state Highway 76 and U.S. Highway 22 La Salle Street, Chicago, HI. 60603. C a r ­ Kansas City, Mo., thence over Interstate rier proposes to operate as a comm Highway 29 to Council Bluffs, Iowa, and over Interstate Highway 76 to Breeze- wood, Pa., and return over the same carrier, by motor vehicle, of return over the same route, for operating commodities, with certain exceptions, convenience only. The notice indicates routes. over a deviation route as follows: Fro that the carrier is presently authorized No. MC 19000 (Deviation No. 1), Cleveland, Ohio, over Interstate Big to transport the same commodities, over DOROTHY H. LOUGHMAN, doing busi­ way 80 to junction Interstate Highw y pertinent service route as follows: (1) ness as WAYNESBURG -PITTSBURGH 94, thence over Interstate Highway 9

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4767

Chicago, HI., and return over the same tain exceptions, over deviation routes as city streets to Wahpeton, N. Dak., and route, for operating convenience only. follows: (1) From Chicago, III., over In­ C4) from Wahpeton, N. Dak., over un­ The notice indicates that the carrier is terstate Highway 90 to junction Hlinois numbered highway to the North Dakota- presently authorized to transport the Highway 190, thence over Hlinois High­ Minnesota State line, thence over un­ same commodities, over a pertinent way 190 to junction U.S. Highway 30, numbered highway to Breckenridge, service route as follows: From Cleveland, thence over U.S. Highway 30 to junction Minn., and return over the same routes. Ohio, over Ohio Highway 254 to junction U.S. Highway 69, thence over U.S. High­ Ohio Highway 57, thence over Ohio High­ way 69 to junction U.S. Highway 18, M o t o r C a r r ie r o f P a s s e n g e r s way 57 to Lorain, Ohio; thence over Ohio thence over U.S. Highway 18 to junction No. MC 1515 (Deviation No. 434), Highway 2 via Sandusky, Ohio, to Toledo, Iowa Highway 17, thence over Iowa High­ GREYHOUND LINES, INC. (Eastern Ohio, thence over Ohio Highway 51 way 17 to junction Iowa Highway 9, Division), 1400 West Third Street, Cleve­ (formerly U.S. Highway Business Route thence over Iowa Highway 9 to junction land, Ohio 44113, filed March 5, 1968. 20) to junction U.S. highway 20, thence U.S. Highway 71, thence over U.S. High­ Carrier proposes to operate as a common over U.S. Highway 20 to Chicago, 111., way 71 to Jackson, Minn., and (2) from carrier, by motor vehicle, of passengers and return over the same route. Chicago, HI., over U.S. Highway 34 to and their baggage, and express and No. MC 43421 (Deviation No. 19), junction U.S. Highway 30, thence over the newspapers in the same vehicle with DOHRN TRANSFER COMPANY, Post route described in (1) above to Jackson, passengers, over a deviation route as fol­ Office Box 1237, Rock Island, HI. 61202, Minn., and return over the same routes, lows: From Toledo, Ohio, over Interstate filed March 4, 1968. Carrier’s repre­ for operating convenience only. The no­ Highway 475 to junction U.S. Highway sentative: Edward G. Bazelon, 39 South tice indicates that the carrier is presently 24, and return over the same route, for La Salle Street, Chicago, HI. 60603. Car­ authorized to transport the same com­ operating convenience only. The notice rier proposes to operate as a common modities, over pertinent service routes as indicates that the carrier is presently carrier, by motor vehicle, of general follows: (1) From Chicago, 111., over U 5. authorized to transport passengers and commodities, with certain exceptions, Highway 20 to junction Hlinois Highway the same property, over a pertinent serv­ over a deviation route as follows: From 53, thence over Hlinois Highway 53 to ice route as follows: From junction Ohio Huron, Ohio, over U.S. Highway 6 to junction U.S. Highway 12, thence over Highway 110 and U.S. Highway 24 at a junction Interstate Highway 94, thence U.S, Highway 12 to junction Interstate point approximately one-half mile north over Interstate Highway 94 to Chicago, Highway 90, thence over Interstate High­ of Grand Rapids, Ohio, over UJS. High­ HI., and return over the same route, for way 90 to junction U.S. Highway 16, way 24 via Toledo, Ohio, to junction In­ operating convenience only. The notice thence over U.S. Highway 16 to Jackson, terstate Highway 475, and return over indicates that the carrier is presently Minn., restricted (a) the authority to the same route. authorized to transport the same com­ serve Round Lake and Sioux Valley, No. MC 1515 (Deviation No. 435), modities, over a pertinent service route as Minn., restricted against the provision of GREYHOUND LINES, INC. (Western follows: from Cleveland, Ohio, over Ohio service in those portions of the commer­ Division), Market and Fremont Streets, Highway 254 to junction Ohio Highway cial zones thereof as defined by the Com­ San Francisco, Calif. 95106, filed March 57, thence over Ohio Highway 57 to mission which are located at a distance 7, 1968. Carrier’s representative: W. T. Lorain,, Ohio, thence over Ohio High­ greater than 35 miles from Westbrook, Meinhold, 371 Market Street, San Fran­ way 2 via Sandusky,. Ohio, to Toledo, Min, and (b) is restricted to the trans­ cisco, Calif. 94105. Carrier proposes to Ohio, thence over Ohio Highway 51 portation of shipments moving from, to, operate as a common carrier, by motor (formerly U.S. Highway Business Route or through Chicago, HI., and Sioux Falls, vehicle, of passengers and their baggage, 20) to junction U.S. Highway 20, thence S. Dak., (2) from Chicago, HI., over U.S. and express and newspapers in the same over U.S. Highway 20 to Chicago, HI., Highway 12 to junction Hlinois Highway vehicle with passengers, over a deviation and return over the same route. 53, and (3) from junction U.S. Highway route as follows: From junction U.S. No. MC 43421 (Deviation No. 20), 16 and Minnesota Highway 44, over Min­ Highway 50 and Interstate Highway 580 ■DOHRN TRANSFER COMPANY, Post nesota Highway 44 to junction U.S. High­ (Chrisman Road Junction), over Inter­ Office Box 1237, Rock Island, HI. 61202, way 52 thence over U.S. Highway 52 to state Highway 580 to junction California hied March 4,1968. Carrier’s representa­ junction U.S. Highway 16, and return Highway 132 (West Vemalis Junction), tive: Edward G. Bazelon, 39 South La over the same routes. thence over California Highway 132 to oaüe Street, Chicago, HI. 60603. Carrier No. MC 108937 (Deviation No. 7), junction California Highway 33 (Ver- Proposes to operate as a common carrier, MURPHY MOTOR FREIGHT LINES, nalis Junction), and return over the v.e^ c^e* hf general commodities, INC., 2323 Terminal Road, St. Paul, same route, for operating convenience with certain exceptions, over a deviation Minn. 55113, filed March 7, 1968. Car­ only. The notice indicates that the route as follows: Between Fort Wayne, rier’s representative: R. L. Stevens, same carrier is presently authorized to trans­ anc* junction Interstate Highway 69 address as applicant. Carrier proposes to port passengers and the same property, Hih •^g*lway 20, over Interstate operate as a common carrier, by motor over pertinent service routes as follows: , 69, for operating convenience vehicle, of general commodities, with (1) From San Francisco, Calif., over San iy. The notice indicates that the carrier certain exceptions, over a deviation route Francisco - Oakland Bay Bridge to Oak­ Rnmresently authorized to transport the as follows: Between Moorhead, Minn., land, thence over unnumbered highway i«™,* cominovrv 108937 (Deviation No. 6), Wahpeton, N. Dak», (3) from St. Paul, highway (Manteca), thence over un­ INC KL m o t o r f r e i g h t l in e s , Minn., over city streets to Minneapolis, numbered highway to junction U.S. Minn 1Í22 Terminal Road, St. Paul, Minn., thence over U.S. Highway 52 to Highway 99 south of Manteca (South rieS'Ji?113’ med March 7, 1968. Car- addrp

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 4768 NOTICES

99 (South Modesto Junction), thence way 58 to junction Kentucky Highway points in that part of Texas on and north over U.S. Highway 99 to junction un­ 123, west of Clinton, Ky., and return over of U.S. Highway 80 extending from El numbered highway (North Merced Junc­ the same route, for operating con­ Paso, Tex., to Dallas, Tex., and on and tion) , thence over unnumbered highway venience only. The notice indicates that west of U.S. Highway 75 extending from to junction U.S. Highway 99 (South the carrier is presently authorized - to Dallas, Tex., to the Oklahoma-Texas Merced Junction), thence over U.S. transport passengers and the same prop­ boundary line, (b) from points in Arizona Highway 99 to junction unnumbered erty, over a pertinent service route as to points in Nevada, and (c) from points highway (Fresno), thence over unnum­ follows: From Bar dwell, Ky., over Ken­ in Los Angeles County, Calif., and points bered highway to junction U.S. Highway tucky Highway 123 to Columbus, Ky., in that part of California north of Inter­ 99 (South Kingsburg Junction), thence thence over Kentucky Highway 58 to state Highway 80 to Phoenix, Ariz., and over U.S. Highway 99 to junction un­ junction Kentucky Highway 123 west of (2) of roofing from the plantsite of numbered highway (North Bakersfield Clinton, Ky., and return over the same Johns-Manville at or near Los Angeles, Junction), thence over unnumbered route. Calif., to Globe, Miami, Payson, and Tucson, Ariz., subject to the conditions highway to junction U.S. Highway 99 By the Commission. (South Bakersfield Junction, thence (1) that applicants shall conduct sep­ over U.S. Highway 99 to junction Inter­ [ s e a l ] H. N e i l G a r s o n , arately their for-hire carrier operations state Highway 5 (Maricopa Junction), Secretary. and the other business activities con­ ducted by applicant Ross A. Fish, (2) thence over Interstate Highway 5 to [F.R. Doc. 68-3355; Filed, Mar. 19, 1968; junction unnumbered highway (San 8 :4 6 a .m .] that they shall maintain separate ac­ Fernando Junction), thence over un­ counts and records therefor, and (3) that numbered highway to junction Cali­ they shall not transport property as both fornia Highway 163 (Colorado Boule­ [Notice 1162] a private and for-hire carrier in the same vehicle at the same time, that vard Junction), thence over Cali­ MOTOR CARRIER APPLICATIONS AND fornia Highway 163 to Los Angeles, applicants are fit, willing, and able prop­ Calif., and (2) from junction U.S. High­ CERTAIN OTHER PROCEEDINGS erly to perform such service and to way 50 and California Highway 33 east M arch 15,1968. conform to the requirements of the of Tracy, Calif. (Westside Junction), The following publications are gov­ Interstate Commerce Act and the Com­ over California Highway 33 to junction mission’s rules and regulations there­ erned by Special Rule 1.247 of the Com­ under; because it is possible that other California Highway 132 (Vernalis Junc­ mission’s rules of practice, published in tion) , thence over California Highway persons, who have relied upon the notice the F ederal R egister issue of April 20, of the application as published may have 132 to Modesto, Calif., and return over 1966, which became effective May 20, the same routes. an interest in and would be prejudiced 1966. by the lack of proper notice of the No. MC 1515 (Deviation No. 436) The publications hereinafter set forth (Cancels Deviation No. 190), GREY­ authority described in the findings in this reflect the scope of the applications as order, a notice of the authority actually HOUND LINES, INC. (Eastern Division), filed by applicant, and may include granted will be published in the F ederal 1400 West Third Street, Cleveland, Ohio descriptions, restrictions, or limitations' 44113, filed March 11, 1968. Carrier pro­ R e g is t e r and issuance of a certificate in which are not in a form acceptable to this proceeding will be withheld for a poses to operate as a common carrier, the Commission. Authority which ulti­ by motor vehicle, of passengers and their period of 30 days from the date of such mately may be granted as a result of the publication, during which period any baggage, and express and newspapers in applications here noticed will not neces­ the same vehicle with passengers, over proper party in interest may file a peti­ sarily reflect the phraseology set forth in tion to reopen or for other appropriate deviation routes as follows: (1) From the application as filed, but also will Chicago, 111., over Interstate Highway relief setting forth in detail the precise eliminate any restrictions which are not manner in which it has been so preju­ 55 (Stevenson Expressway) to junction acceptable to the Commission. U.S. Highway 66 and Interstate High­ diced. A pplications A ssigned F or O ral H earing way 294 in Burr Ridge, 111., (2) from the N o t ic e o f F i l i n g o f P e t it i o n Interchange of Interstate Highway 55 MOTOR CARRIERS' OF PROPERTY (Stevenson Expressway) and Illinois No. MC 106451 (Sub-No. 5) (N o tic e of Highway 43 (Harlem Avenue) over No. MC 128300 (Sub-No. 2) (Repub­ Filing of Petition To Amend Certificate lication), filed August 17, 1966. Appli­ So As To Eliminate Restriction), ffiea Illinois Highway 43 (Harlem Avenue) to February 27, 1968. Petitioner: COO* Stickney, 111., and (3) from the Inter­ cant: ROSS A. FISH AND JACK VERK- MOTOR LINES, INC., 408 Wellington change of Interstate Highway 55 LER, a partnership, doing business as FISH AND VERKLER, 1017 East Eighth Avenue, Post Office Box 1391, Akron, (Stevenson Expressway) and U.S. High­ Ohio 44309, Petitioner’s representative. way 45 (La Grange Road) over U.S. Street, Mesa, Ariz. Applicant’s repre­ sentative: A. Michael Bernstein, 1327 A. Charles Tell, 100 East Broad Street, Highway 45 (La Grange Road) to Columbus, Ohio 43215. Petitioner hoias Countryside, HI., and return over the Guaranty Bank Building, Phoenix, Ariz. same routes, for operating convenience 85012. By application filed August 17, authority in No. MC 106451 (Sub-No. < only. The notice indicates that the 1966, applicant seeks a certificate of pub­ to transport : General commodities, carrier is presently authorized to trans­ lic convenience and necessity authorizing cept those of unusual value, classes A port passengers and the same property, operation in interstate or foreign com­ B explosives, household goods as de over a pertinent service route as follows: merce as a common carrier, by motor by the Commission, commodities u From Chicago, HI., over U.S. Highway 66 vehicle, over irregular routes of (1) bulk, and those requiring special equip­ to junction Alternate U.S. Highway 66 lumber from lumber mills in Arizona to ment, between Huntington, W. Va-> , at a point approximately 10 miles north­ points in California, New Mexico, Nevada, New Martinsville, W. Va.: From H east of Joliet, HI., and return over the and Texas, (2) roofing, from points in ington over West Virginia Highway same route. Los Angeles County, Calif., to points in New Martinsville, and return ove No. MC 50655 (Deviation No. 1), GULF Arizona and (3 ) lumber, from points in same route, between Huntington, w. * TRANSPORT COMPANY, 505 South Los Angeles County, Calif., and lumber and Alloy, W. Va.: From Huntington ov Conception Street, Mobile, Ala. 36603, mills located in California to points in U.S. Highway 60 to Alloy, and re filed March 7, 1968. Carrier’s representa­ Arizona. A report and order of the Com­ over the same route, between tive: W. A. Kimbrough, Jr., Post Office mission, Division 1, served January 31, Pleasant, W. Va., and Chares > 1968, finds that the present and future Box 1828, Mobile, Ala. 36601. Carrier pro­ W. Va.: From Point Pleasant over ' n poses to operate as a common carrier, by public convenience and necessity require motor vehicle, of passengers and their operation by applicant, in interstate or Highway 35 to Charleston, and re baggage, and express and newspapers in foreign commerce, as a common carrier over the same route, between Char . ’ the same vehicle with passengers, over a (1) of lumber (a) from Snowflake, W. Va., and Parkersburg, W. Va.: F deviation route as follows: From Bard- Cutter, Fredonia, and Payson, Ariz., to Charleston over U.S. Highway g Port Hueneme, Los Angeles, and San well, Ky., over U.S. Highway 51 to Parkersburg, and return over Clinton, Ky., thence over Kentucky High­ Diego, Calif., points in New Mexico, and

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4769 route, between Mineralwells, W. Va., cation failed to include “moving in air machinery, materials, equipment, and and Spencer, W. Va.: From Mineralwells or rail express service”, and should read: supplies used in, or in connection with, over West Virginia Highway 14 to Operating rights sought to be trans­ the construction, operation, repair, serv­ Spencer, and return over the same route, ferred: General commodities, moving in icing, maintenance, and dismantling of between Mason, W. Va., and Franklin, air or rail express service, as a common pipelines, including the stringing and W. Va.: carrier, over regular routes, between picking up thereof, as a common carrier, From Mason over U.S. Highway 33 to Reno, Nev., and Westwood, Calif., serving over irregular routes, between points in Franklin, and return over the same route, the intermediate points of Susanville Kansas, Colorado, Nebraska, Oklahoma, between Parkersburg, W. Va., and and Janesville, Calif.; between Santa and Texas; and machinery, equipment, Romney, W. Va.: From Parkersburg over Rosa, Calif., and Sebastopol, Calif., be­ materials, and supplies used in or in con­ U.S. Highway 50 to Romney, and return tween Carmel, Calif., and Monterey, nection with the construction, operation, over the same route, between New Mar­ Calif., serving no intermediate points, repair, servicing, maintenance, and dis­ tinsville, W. Va., and Buckhannon, between Sacramento, Calif., and Rio mantling of pipelines, other than pipe­ W. Va.: From New Martinsville over West Vista, Calif., serving certain intermediate lines used for the transmission of natural Virginia Highway 20 to Buckhannon, points, with restrictions; and general gas, petroleum, their products and by­ and return over the same route, between commodities, moving in rail express products, water, or sewerage, restricted Wheeling, W. Va., and Elkins, W. Va.: service, over irregular routes, between to the transportation of shipments mov­ From Wheeling over U.S. Highway 250 to San Diego, Calif., and National City, ing to or from pipeline rights of way, be­ Elkins, and return over the same route, Calif., with restrictions. tween points in Kansas, Colorado, Ne­ between Morgantown, W. Va., and No. MC-F-10069. Authority sought for braska, Oklahoma, and Texas. Vendee is Weston, W. Va.: From Morgantown over purchase by PROCTOR EXPRESS, INC., authorized to operate as a common car­ U.S. Highway 19 to Weston, and return 1541 North Fifth Street, Philadelphia, rier in Texas, Louisiana, Oklahoma, New over the same route, between Keyser, Pa. 19122, of the operating rights of Mexico, Kansas, Colorado, Wyoming, W. Va., and Franklin, W. Va.: From MARDAS MOTOR FREIGHT, INC., 202 Utah, Montana, Arizona, North Dakota, Keyser over U.S. Highway 220 to Frank­ Powhattan Avenue, Essington, Pa., and South Dakota, Nebraska, and Nevada. lin, and return over the same route. for acquisition by ERVIN C. LANE, also Application has been filed for temporary Serving on the above-specified routes all of Philadelphia, Pa., of control of such authority under section 210a (b ). intermediate points and all off-route rights through the purchase. Applicants’ No. MC-F-10071. Authority sought for points located in Ohio, Marshall, Wetzel, attorney: David G. MacDonald, 1000 purchase by MERCHANTS FAST Tyler, Pleasants, Wood, Jackson, Mason, 16th Street NW., Washington, D.C. 20036. MOTOR LINES, INC., East U.S. High­ Cabell, Putnam, Kanawha, Fayette, Wirt, Operating rights sought to be trans­ way 80, Post Office Drawer 270, Abilene, Roane, Calhoun, Gilmer, Lewis, Upshur, ferred; Such merchandise, as is dealt in Tex. 79604, of a portion of the operating Randolph, Pendleton, Ritchie, Dod­ by wholesale, retail and chain grocery rights of HERRIN TRANSPORTATION dridge, Harrison, Taylor, Tucker, Preston, and food business houses, and in con­ COMPANY, 2301 McKinney Street, Post Grant, Minería, Hampshire, Marion, nection therewith, equipment, materials Office Box 1440, Houston, Tex. 77001. Barbour, Monongalia, and Hardy Coun­ and supplies used in the conduct of such Applicants’ attorneys: Leroy Hallman, ties, W. Va., except that no service is au­ business, as a common carrier, over ir­ 45th Floor, First National Bank Building, thorized to points in those portions of regular routes, between Philadelphia, Dallas, Tex. 75202, and Reagan Sayers, said counties lying south of UJS. Highway Pa., on the one hand, and, on the other, 301 Century Life Building, Post Office w. Restriction: The authority granted Newark and Orange, N.J., Baltimore, Drawer 17007, Fort Worth, Tex. 76102. herein is restricted against the transpor­ Md.r points in the District of Columbia, Operating rights sought to be trans­ tation of traffic originating at or destined certain specified points in New Jersey, ferred: Classes A and B explosives, gen­ to Huntington, Charleston, and Parkers­ Pennsylvania, and those in that part of eral commodities, except those of un­ burg, W. Va. By the instant petition, peti­ Delaware north of a line beginning at the usual value, baled cotton, household tioner seeks to amend its certificate so Maryland-Delaware State line near New­ goods as defined by the Commission, as to remove the restriction set forth ark, Del., and extending through Newark commodities in bulk, commodities re­ above. Any person or persons desiring to and Delaware City, Del., to the Delaware- quiring special equipment, and those Participate, may file an original and six New Jersey State line, including the injurious or contaminating to other copies of his written representations, points specified; and fruits, produce and lading; and Government-owned com­ views or argument in support of, or advertising matter pertaining to such pressed gas trailers, empty or Ioadedwith against the petition within 30 days from commodities, between Philadelphia, Pa., compressed gases other than liquefied e date of publication in the F e d e r a l and New York, N.Y. Vendee is authorized R egister. petroleum gas, as a common carrier, over to operate as a common carrier in Penn­ regular routes, between Houston, Tex., sylvania, New Jersey, New York, Massa­ Applications U nder Sections 5 and and Fort Worth, Tex., on the one hand, chusetts, Connecticut, and Rhode Island. 2 I0 a (b ) and, on the other, Houston, Tex., and Application has not been filed for tempo­ Dallas, Tex., via Hemstead, Waco, and u ■^°PowinS applications are gov- rary authority under section 210a (b>. the Interstate Commerce Com- Hillsboro, Tex Vendee is authorized to No. MC-F—10070. Authority sought for operate as a common carrier in Texas. nf Jyns special rules governing notice purchase by B. F. WALKER, INC., 650 of applications by motor car- Application has not been filed for tem­ 17th Street, Denver, Colo. 80202, of the porary authority under section 210a(b>. tinned/ ro£)ert3r or Passengers under sec- operating rights and property of JESS No. MC-F-10072. Authority sought for Pnm J and 210a(b) of the Interstate EDWARDS, INC., 7200 Up River Road, purchase by RED STAR EXPRESS Post Office Box 1091, Corpus Christi, Tex. ceerWoCe -^.Ct 811(1 certain other pro- LINES OF AUBURN, INCORPORATED, l 24Q^gs Wlth respect thereto. <49 CFR 78403, and for acquisition by THE SAM­ doing business as RED STAR EXPRESS UEL ROBERTS NOBEL FOUNDATION, LINES, 24-50 Wright Avenue, Auburn, Post Office Box 878, Ardmore, Okla. m o t o r c a r r ie r s o f p r o p e r t y N.Y. 13021, of a portion of the operating 73401,. of control of such rights and prop­ rights of BOSTON AND SPRINGFIELD Wa y ^ £ £ "j;0043- (Correction) (RAIL- erty through the purchase. Applicants’ X a L S S f 88 AGENCY, INC.—Pur- attorney: Jerry Prestridge, Post Office DESPATCH, INC., 137 Harvard Avenue, EXPRESS AGENCY, Box 1148, Austin, Tex. 78767. Operating Stamford, Conn. 06901, and for acquisi­ tion by JOHN BISGROVE, 264 East the FehniaC^ F ^ RNIA> ’ P u s h e d in rights sought to be transferred: Heavy- ¿ al 21, 1968, issue of the F ed- Genesee Street, Auburn, N.Y., of control machinery and machinery, equipment, of such rights through the purchase. route f c 1?* on 3252- The. first materials, and supplies used in, or in Va. ari?T1Ptl0rl : “between Buena Vista, connection with, the discovery, develop­ Applicants’ attorney: Leonard A. Jas- entiv Va-” was inadvert- ment, production, refining, manufacture, kiewicz, 1155 15th Street NW., Washing­ from t ífn n ^ shQuld he omitted processing, storage, transmission, and ton, D.C. 20005. Operating rights sought tie rre d S5-mg nghts “ »Wht to be distribution of natural gas and petroleum to be transferred: General commodities, d* Portions of the prior publi­ and their products, and byproducts, and excepting, among others, household

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, T 968 4770 NOTICES goods and commodities in bulk, as a com­ goods and commodities in bulk, between NOTICE OF FILING OF MOTOR CAR­ mon carrier, over a regular route, be­ Coeur d’Alene, Idaho, and Sandpoint, RIER INTRASTATE APPLICATIONS tween Springfield, Mass., and Bridgeport, Idaho, serving all intermediate points, M arch 15, 1968. Conn., serving all intermediate points, between Spokane, Wash., and Garwood, unrestricted, the off-route point of Idaho, serving no intermediate points, The following applications for motor Warehouse Point, Conn., restricted to between Libby, Mont., and Fortine, common carrier authority to operate in southbound traffic only, and the off-route Mont., serving all intermediate points, intrastate commerce seek concurrent point of Waterville, Conn., restricted to between Kalispell, Mont., and Coram, motor carrier authorization in interstate northbound traffic only. Vendee is Mont., serving all intermediate points, or foreign commerce within the limits of authorized to operate as a common car­ and serving points within 5 miles of the intrastate authority sought, pursuant rier in New York, Pennsylvania, Con­ Coram as off-route points, between junc­ to section 206(a) (6) of the Interstate necticut, New Jersey, Vermont, Massa­ tion U.S. Highway 2 and unnumbered Commerce Act, as amended October 15, chusetts, and Rhode Island. Application highway at a point northeast of Troy, 1962. These applications are governed has been filed for temporary authority Mont, (known as Yaak Junction, Mont.), by Special Rule 1.245 of the Commis­ under section 210a(b). and the site of the U.S. Air Force Base sion’s rules of practice, published in the F ederal R egister, issue of April 11, 1963, No. MC-F-10073. Authority sought for at or near Yaak, Mont., serving no inter­ mediate points, between Spokane, Wash., page 3533, which provides, among other purchase by ASSOCIATED TRANS­ things, that protests and requests for in­ PORT, INC., 380 Madison Ave., New and Great Falls, Mont., serving all in­ termediate points between Milltown, formation concerning the time and place York, N.Y. 10017, of a portion of the of State Commission hearings or other operating rights and certain property of Mont, (not including Milltown), and Great Falls, between Coram, Mont., and proceedings, any subsequent changes M UNROE AND ARNOLD-MERRITT therein, and any other related matters EXPRESS, INC., Post Office Box 510, the site of the Glasgow Air Force Base, located approximately 22 miles north­ shall be directed to the State Commission Salem, Mass. 01970. Applicants’ at­ with which the application is filed and torneys: Francis E. Barrett, Francis P. east of Glasgow, Mont., serving all in­ termediate points, between Glasgow, shall not be addressed to or filed with the Barrett, both of 25 Bryant Avenue, East Interstate Commerce Commission. Milton, Mass. 02186, and Mortimer A. Mont., and Fort Peck, Mont., serving all intermediate points and those off-route State Docket No. MT-1906 filed Feb­ Sullivan, Walbridge Building, Buffalo, ruary 28,1968. Applicant: B & S TRANS­ N.Y. Operating rights sought to be trans­ points within 10 miles of Fort Peck, be­ tween Havre, Mont., and Great Falls, PORTATION, INC., 30 Woodward Ave­ ferred: General commodities, excepting, nue, Springville, N.Y. 14141. Applicant’s among others, household goods and com­ Mont., serving all intermediate points, representative: Thomas J. Runfola, 631 modities in bulk, as a common carrier, between Browning, Mont., and Great Falls, Mont., between Shelby, Mont., and Niagara Street, Buffalo, N.Y. Certificate over irregular routes, between points in of public convenience and necessity Suffolk and Middlesex Counties, Mass., Great Falls, Mont., serving no inter­ mediate points, between Spokane, Wash., sought to operate a freight service as on the one hand, and, on the other, points follows: Transportation of General com­ in New Hampshire, between points in and Oroville, Wash., serving certain in­ termediate points, and the off-route modities, as defined in section 800.1 of Rhode Island, on the one hand, and, on Title 16 of the Official Compilation of the other, points in New Hampshire points of Chief Joseph Dam Site (located approximately 2 miles from Bridgeport, Codes, Rules and Regulations of the moving through Boston, Mass., and State of New York, from all points in points within 10 miles of Boston in Suf­ Wash.), and points within 12 miles of the Chief Joseph Dam Site, between Oro­ Cattaraugus County to all points in Erie folk and Middlesex Counties, Mass., be­ County. Both intrastate and interstate tween points in Massachusetts, on the ville, Wash., and the United States- one hand, and, on the other, points in Canada boundary line approximately 8 authority sought. miles north of Oroville, serving no in­ HEARING: Not yet assigned for hear­ New Hampshire, moving through Suf­ ing. Request for procedural information, folk and Middlesex Counties, Mass., be­ termediate points, between certain spec­ ified points in Washington, serving all including the time for filing protests tween points in that part of Maine, on concerning this application should be and south of Maine Highway 16, on the intermediate points, between Yakima, Wash., and Portland, Oreg., serving the addressed to the New York Public Serv­ one hand, and, on the other, certain ice Commission, 55 Elk Street, Albany, specified points in Massachusetts. Vendee intermediate point of Toppenish, Wash., and the off-route point of Wapato, N.Y. 12225, and should not be directed to is authorized to operate as a common the Interstate Commerce Commission. carrier in Massachusetts, Connecticut, Wash.; general commodities, excepting, among others, household goods and com­ State Docket No. 16038, filed February New Jersey, Rhode Island, North Caro­ 21, 1968. Applicant: KING MOTOR lina, Tennessee, Virginia, Georgia, Ohio, modities in bulk, over irregular routes, from Portland, Oreg., to points in Yakima LINE, INC., 1540 North Ripley Street, Pennsylvania, Maryland, South Carolina, Montgomery, Ala. Applicant’s represent­ Delaware, West Virginia, Kentucky, County, Wash., except Yakima, Wapato, and Toppenish, Wash.; farm products, ative: Euel A. Screws, Jr., Post Office Michigan, Indiana, Missouri, New York, Box 347, Montgomery, Ala. 36101. Appli­ Illinois, and the District of Columbia. from points in Yakima County, Wash., to Portland, Oreg., and Seattle, Wash, (ex­ cant seeks to extend its existing rights Application has not been filed for tem­ as follows: Extension of rights under porary authority under section 210a(b). cept from Yakima, Wapato, and Top­ penish, Wash., to Portland, Oreg.); APSC Certificate No. 550, commencing at No. MC-F-10074. Authority sought for paper, from Oregon City, Oreg., to Han­ Atmore, Ala., then via Alabama High­ control and merger by RINGSBY-PA- ford, Wash., and points in Yakima ways 21 and 41 to Camden, Ala., thence CIFIC LTD., 3291 Ringsby Court, Den­ County, Wash.; spray and spray ma­ from Camden, Ala., via Alabama High" ver, Colo. 80205, of the operating rights terials, from Portland, Oreg., to Wenat­ way 41 to Selma, Ala., thence fro. and property of HELPHREY MOTOR chee, Wash., from Yakima, Wash., to Selma, Ala., via U.S. Highway 80 to FREIGHT, INC., 3417 Springfield, Spo­ Hood River, Oreg.; and powdered milk, Montgomery, Ala.; thence for conveh" kane, Wash. 99202, and for acquisition by from Sunnyside, Wash., to Portland, ience of carrier only from Montgomery. D. W. RINGSBY, also of Denver, Colo., Oreg. RINGSBY-PACIFIC, LTD., is au­ Ala., via U.S. Highway 31 to Greenville, and GARY S. RINGSBY, Dinosaur City, thorized to operate as a common carrier Ala., and as to all traffic (whether or n Ariz., of control of such rights and prop­ originating within said routes ns ex­ erty through the transaction. Applicants’ in California, Oregon, Washington, and tended and whether or not going beyonu attorneys: Stockton and Lewis, The 1650 Nevada. Application has not been filed said routes as extended) without limi ' Grant Street Building, Denver, Colo. for temporary authority under section tion or restriction on the right of aPP 80203. Operating rights sought to be 210a(b). cant to operate between all intermedi controlled and merged: General com­ By the Commission. points on the routes presently authonz modities, as a common carrier, over reg­ by APSC Certificate No. 550 and wa* ular routes, between Spokane, Wash., and [ s e a l ] H. N e i l G a r s o n , Certificate No. 121222 on the one hana, Fortine, Mont., serving certain inter­ Secretary. and, on the other, between all mediate points; general commodities, [F.R. Doc. 68-3366; Filed, Mar. 19, 1968; mediate points on the proposed exte f excepting, among others, household 8 :4 6 a .m .] sions. Also to remove restrictions

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 NOTICES 4 7 7 1 rights under APSC Certificate No. 550» Authority sought to operate as a common days. N o t e : Carrier states it does not in­ Docket No. 15842, restricting holder from carrier, by motor vehicle, over irregular tend to tack authority applied for or to transporting freight originated by such routes, transporting: Cl) Material interline. Supporting shipper: The Hys­ holder at Montgomery, Ala., destined to handling equipment; winches; compac­ ter Co., Post Office Box 2902, Portland, or through Mobile, Ala., and transport­ tion and road making equipment, rollers, Oreg. Send protests to: E. K. Willis, Jr., ing freight originating at Mobile, Ala., self-propelled and non-self-propelled; District Supervisor, Interstate Commerce destined to or through Montgomery, Ala, mobile cranes; and highway freight Commission, Bureau of Operations, 513 Applicant seeks to extend its existing trailers, (2) Parts, attachments and ac­ Thomas Building, 1314 Wood Street, rights over the above described routes cessories of the commodities described Dallas, Tex. 75202. for the transporting of general commod­ in (1‘) above, between the plantsites of No. MC 104896 (Sub-No. 26 TA), filed ities only with the exception of class the Hyster Co. located at or near Dan­ March 7, 1968. Applicant: WOMEL- “A” and class “B” Explosives. Applicant ville, Kewanee, and Peoria, III., on the DORF, INC., Post Office Box 232, Lewis- seeks to extend its authority to handle one hand, and, on the other, points in town, Pa. 17044. Applicant’s representa­ interstate shipments over said extended Indiana, Arkansas, Texas, Utah, Ken­ tive: Robert L. Womeldorf (same address intrastate routes in the same manner tucky, Missouri, New Mexico, Nevada, as above). Authority sought to operate as and to the same extent as its existing Tennessee, Kansas, Colorado, California, a common carrier, by motor vehicle, over authority heretofore granted. Both in­ Louisiana, Oklahoma, and Arizona; re­ irregular routes, transporting: Food­ trastate and interstate authority sought. strict to the handling to traffic originat­ stuffs, canned, prepared or preserved, HEARING: Contact Alabama Com­ ing at or destined to the named plant- cooking or edible oils, matches, oleo­ mission for this information. Requests sites, for 180 days. Supporting shipper: margarine, and shortening, except in for procedural information, including Hyster Co., David C. Williams, General bulk or tank vehicles, from Middletown the time for filing protests, concerning Traffic Manager, 2902 Northeast Clacka­ (Dauphin County), Pa., to points in this application should be addressed to mas, Portland, Oreg. 97208. Send protests Delaware, Maryland, New Jersey, New the Alabama Public Service Commission, to: District Supervisor John C. Redus, York, Pennsylvania, Virginia, and Wash­ Post Office Box 991, Montgomery, Ala. Bureau of Operations, Interstate Com­ ington, D.C., for 180 days. Supporting 36102, and should not be directed to the merce Commission, Post Office Box shipper: Hunt-Wesson Foods, 1645 West Interstate Commerce Commission. 61212, Houston, Tex. 77001. Valencia Drive, Fullerton, Calif. 92634. By the Commission . No. MC 50544 (Sub-No. 61 TA), filed Send protests to: Robert W. Ritenour, March 8,. 1968. Applicant: THE TEXAS District Supervisor, Interstate Com­ [SEAL] H . N e i l G a r s o n , AND PACIFIC MOTOR TRANSPORT merce Commission, Bureau of Opera­ Secretary, COMPANY, 210 North 13th Street, St. tions, 218 Central Industrial Building, [PÜ. Doc. 68-3357; Filed, Mar. 19, 1968; Louis, Mo. 63108. Authority sought to 100 North Cameron Street, Harrisburg, 8 :4 6 a .m .] operate as a common carrier, by motor Pa. 17101. vehicle, over regular routes, transport­ No. MC 113855 (Sub-No. 176 TA>, filed March 7, 1968. Applicant; INTERNA­ [Notice 5691 ing; General commodities, from New Orleans over U.S. Highway 90 to junction TIONAL TRANSPORT, INC., South MOTOR CARRIER TEMPORARY Louisiana Highway 18, thence over Lou­ Highway 52, Rochester, Mmn. 55901. Ap­ AUTHORITY APPLICATIONS isiana Highway 18 to junction with plicant’s representative: Gene P. John­ Louisiana Highway 1 near Donaldson- son, 502 First National Bank Building, M a r c h 15,1968. ville, La., thence, over Louisiana Highway Fargo, N. Dak. 58102. Authority sought The following are notices; of filing of 1 to junction Louisiana Highway 76, to operate as a common carrier, by motor applications for temporary authority thence over Louisiana Highway 76 to vehicle, over irregular routes, transport­ under section 210a(a) of the Interstate junction Louisiana Highway 415 to An­ ing; (1) Material handling equipment; Commerce Act provided fear under the chorage, La., for 180 days. Supporting unnehes; compaction and road making new rules of. Ex Parte No. MC 67 (49 shipper: Missouri Pacific Railroad Co., equipment, rollers, self-propelled and CFR Part 340) published in the F e d e r a l 210 North 13th Street, St. Louis, Mo. non-self-propelled; mobile cranes; and Register, issue of April 27, 1965, eflec- 62103. N o t e : Applicant intends to inter­ highway freight trailers, (2) Parts, at­ tjve July l, 1965. These rules provide line with Missouri Pacific Truck Lines, tachments and accessories for the com­ that protests to the granting of an appli­ Inc., MC 89723 and subs, at Anchorage, modities described in (1) above, between cation must be filed with the field offi- La. Send protests to-; J. P. Werthmann, the plantsites of the Hyster Co. located oal named in the F e d e r a l R e g is t e r pub­ District Supervisor, Bureau of Opera­ at or near Danville, Kewanee, and Peoria, lication, within 15 calendar days after tions, Interstate Commerce Com m ission, 111-, on the one hand, and, on the other, the date of notice of the filing of the Room 3248-B, 1520 Market Street, St. points in Arizona, California, Idaho, application is published in. the F e d e r a l Louis, Mo. 63103. Minnesota, Montana, Nebraska, New R egister. One copy of such protest must Mexico, North Dakota, Oregon, South No. MC 83539 (Sub-No. 228 TA) filed Dakota, Utah, Washington, and Nevada, ne served on the applicant, or its au- March 7,1968. Applicant: C & H TRANS­ rnonzed representative, if any, and the and Wyoming, restricted to the handling PORTATION CO., INC., 2010 West Com­ of traffic originating at or destined to the protests must certify that such service merce Street, Post Office Box 5976, made- The protests must be named plantsites, for 180 days. Support­ Dallas, Tex. 75222, Dallas, Tex. 75208. ing shipper: Hyster Co., 2902 Northeast * as ^ e service which such pro- Applicant’s representative: J. P. Welsh pnn • + Can and W*R offer, and must Clackamas, Portland, Oreg. 97208. Send (same address as above). Authority protests to: A. N. Spath, District Super­ copied °f a signed original and six sought to operate as a common carrier, visor, Bureau of Operations, Interstate by motor vehicle, over irregular routes, Commerce Commission, 448 Federal smrt Copy the application is on file, transporting: (1) Material handling ana can be examined at the Office of Building and U.S. Courthouse, 110 South equipment: winches; compaction and Fourth Street, Minneapolis, Minn. 55401. rw v5ec5et'ary’ Interstate Commerce road making equipment, rollers, self- No. MC 127664 (Sub-No. 3 TA ), filed i n t K ? ? ? ’ Washington, D.C., and also propelled and non-self-propelled; mobile March 7, 1968. Applicant: CAPITOL to be transmit^06 Protest® are cranes; and highway freight trailers, (2) DELIVERY OF OMAHA, INC., 1824 Parts attachments and accessories for California Street, Omaha, Nebr. 68102. M o t o r C a r r ie r s o f P r o p e r t y the commodities described in. (1) above Applicant’s representative: Donald L. between the plantsites of the Hyster Stem, 630 City National Bank Building, MarchT i S 50 (Sub"No. 97 TA), filed Co. located at or near Danville, Kewanee, Omaha, Nebr. Authority sought to oper­ TRuSttVA pplicant: J- H. ROSE and Peoria, 111., on the one hand, and, ate as a common carrier, by motor vehi­ Post m c > 5003 Jensen Drive, on the other, points in Arkansas, Idaho, cle, over irregular routes, transporting: 77099 t?Ce ^ox 16190» Houston, Tex. Indiana, Iowa, Kansas, Kentucky, Louisi­ General commodities (except (1) classes repre^S01? 011, Tex* 77026- Applicant’s ana, Mississippi, Montana, Nebraska, A and B explosives, (2) household goods 904 S tatl^e:, James M. Doherty, The New Mexico, Oklahoma, Oregon, South navaca Building, Austin, Tex. 78701. as defined by the Commission, (3) com­ Dakota, Texas, and Washington, for 180 modities in bulk, (4) those injurious or

FEDERAL REGISTER, V O L 3 3 , N O . 55— WEDNESDAY, MARCH 2D, 1 9 6* 4772 NOTICES contaminating to other lading, (5) com­ interline with Merchants Delivery Co. 1086, U S. Courthouse and Federal Office mercial papers, documents, and written at Pairview, Kans,, and with other car­ Building, Chicago, HI. 60604. instruments as are used in the conduct riers at Omaha, Nebr., for 180 days. By the Commission. and operations of banks and banking in­ Supporting shippers: There are approxi­ stitutions, and (6) data processing pa­ mately (50) statements of support at­ [ s e a l ] N . N e i l G a r s o n , pers, punch cards, magnetic and coded tached to the application, which may be Secretary. documents, magnetic tape, and punch . examined here at the Interstate Com­ [F .R . D o c . 6 8-3358; F ile d , M ar. 19, 1966; paper tape); (1) Between Yankton and merce Commission in Washington, D.C., 8 :4 6 a .m .] Vermillion, S. Dak.; Sioux City, Iowa; or copies thereof which may be examined Omaha, Nebr.; Council Bluffs, Iowa; and at the field office named below. Send [Notice 109] Pairview, Kans.; and points in Nebraska protests to: Keith P. Kohrs, District and Kansas in that area bounded by a Supervisor, Bureau of Operations, Inter­ MOTOR CARRIER TRANSFER line commencing at North Platte, Nebr., state Commerce Commission, 705 Federal PROCEEDINGS thence north on U.S. Highway 83 to the Office Building, Omaha, Nebr. 68102. Nebraska-South Dakota State line, No. MC 128169 (Sub-No. 1 TA), filed M a r c h 15, 1968. thence east along said State line to the March 8, 1968. Applicant: BROWN Synopses of orders entered pursuant Missouri River, thence east and south BROS. BULK TRANSPORT, INC., Post to section 212(b) of the Interstate Com­ along said River to the Nebraska-Kansas Office Box 69, Curwensville, Pa. 16833. merce Act, and rules and regulations State line, thence west along said State Applicant’s representative: John A. prescribed thereunder (49 CFR Part line to its junction with U.S. Highway Vuono, 2310 Grant Building, Pittsburgh, 279), appear below: 75, thence south on U.S. Highway 75 Pa. 15219. Authority sought to operate as As provided in the Commission’s spe­ to its junction with U.S. Highway 36, a common carrier, by motor vehicle, over cial rules of practice any interested per­ thence west on U.S. Highway 36 thence irregular routes, transporting: Clay, in son may file a petition seeking recon­ west on U.S. Highway 36 to its junction bulk, in dump vehicles, from Pike Town­ sideration of the following numbered with U.S. Highway 83, thence north on ship, Clearfield County, Pa., to the plant- proceedings within 20 days from the date U.S. Highway 83 to North Platte, Nebr., site of Crescent Brick Co. at or near of publication of this notice. Pursuant to the point of beginning, and points on or New Cumberland, W, Va., for 180 days. section 17(8) of the Interstate Commerce within 5 miles of the described highways. Supporting Shipper: Thomas Bros. Coal Act, the filing of such a petition will post­ Subject to the following restrictions: Co., Grampian, Pa. Send protests to: pone the effective date of the order in A. No service shall be rendered in the Frank L. Calvary, District Supervisor, In­ that proceeding pending its disposition. transportation of any package or article terstate Commerce Commission, Bureau The matters relied upon by petitioners weighing more than 100 pounds; B. no of Operations, 2109 Federal Building, must be specified in their petitions with service shall be provided to or from the 1000 Liberty Avenue, Pittsburgh, Pa. particularity. premises of persons who of which have 15222. No. MC-FC-70287. By order of March entered into contracts with Capitol No. MC 129410 (Sub-No. 1 TA), filed 11, 1968, the Transfer Board approved Delivery Service, Inc., and are served by March 8, 1968. Applicant: ROBERT the transfer to S. J. Kindred, doing busi­ the company pursuant to permits issued BONCOSKY, INC., 893 Nottingham ness as Bond Transfer & Storage Co., by the Interstate Commerce Commis­ Lane, Crystall Lake, HI. 60014. Appli­ Columbus, Miss., of certificate in No. sion; C. any certificate granted herein cant’s representative: Irving Stillerman, MC-77572, issued April 16, 1962, to Bond shall be subject to the right of the 29 South La Salle Street, Chicago, HI. Transfer & Storage Co., Inc., Columbus, Interstate Commerce Commission to 60603. Authority sought to operate as a Miss., authorizing the transportation of impose such terms, conditions or limita­ common carrier, by motor vehicle, over household goods, farm products, and tions in the future as it may find neces­ irregular routes, transporting: Cottage livestock, between points in Lowndes sary to insure that applicant’s operations cheese and sour cream in shipperowned County, Miss., on the one hand, and, shall conform to the provisions of sec­ trailers, from Janesville, Wis., to Che­ on the other, points in Alabama. H. K. tion 210 of the Interstate Commerce Act; mung, HI., and Franklin Park, HI., for 150 D. no service shall be rendered in the Van Every, Post Office Box 761, Colum­ days. Supporting shipper: Dean Foods bus, Miss. 39701, attorney for applicants. transportation of packages or shipments Co., 3600 River Road, Franklin Park, HI. weighing in the aggregate more than 100 60131. Send protests to: William E. Gal­ [ s e a l ] N . N e i l G a r s o n , pounds, which are moving from any one lagher, District Supervisor, Interstate Secretary. consignor at any one location to any one consignee at any one location, on the Commerce Commission, Bureau of Oper­ [F.R. Doc. 68-3350; Filed, Mar. 19, 196®> 8 :4 7 a .m .] same day. N o t e : Applicant intends to ations, 219 South Dearborn Street, Room

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, I9 6 0 S FEDERAL REGISTER 4773 CUMULATIVE LIST OF PARTS AFFECTED— MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. P a ge 3 CFR 7 CFR-— Continued P a ge 14 CFR— Continued P age Proclamations: P r o p o s e d R u l e s — Continued P r o p o s e d R u l e s — Continued 3831 ______3619 1016______------_._____ ... ------4419 71------3642, 3832 ______4091 1033______------______4581 3833 ______4201, 4202, 4270, 4271, 4375-4377, 4167 . 1034______------4581 4421, 4525-4527, 4630. 3834 ______4363 1035______------4581 3835 ______91------3643, 4108, 4420, 4523 4397 1040------4261, 4517 105------4523 Ex ecu tive O r d e r s : 1041 ------4680 121------4144 5903 (revoked by PLO 4371) __ 3636 1043------4268 207 ------4340 6697 (revoked by PLO 4371) — 3636 1046------4581 208 ------3645, 4340 6868 (modified by EO 11401)_ 4459 1049------4581 212------4340 7784-A (see EO 11401)______4459 1065 ------4745 214------4340 8033 (see EO 11401)______4459 1066 ------4745 221------4340 8647 (revoked in part by PLO 1073------4474, 4585 288------3645 4374)______4333 1106------4586 295------4340 8652 (revoked in part by PLO 1125 ------4191 399— ------3645 4376)______4333 1126 ------4586 9344 (see EO 11401) ______4459 1132------4586 16 CFR 9916 (see EO 11401)______4459 1201------4629 10128 (see EO 11401)_____ 4459 13------4097, 10830 (amended by EO 11398) _ 4169 8 CFR 4135, 4136, 4249, 4250, 4405, 4618, 11074 (revoked by EO 11398) __ 4169 211____ 4561 4655. 11248 (amended by EO 11400) _ 4507 235____ 4562 15------4137, 4250, 4511 11398 ___ 500------4718 4169 238_____ 4562 11399 ______503------;------4723 4245 343a___ 4562 11400 _ 4507 P r o p o s e d R u l e s : 11401 _ 4459 9 CFR 244------:------4271 5 CFR 97______4248 17 CFR 2J------— 4399, 4451, 4615 P r o p o s e d R u l e s : 51______4260 200 ______4369 H i ------4615 4615 201______4682 201 ______4369 550__ 4399 230______4369 1700____ - 4615 10 CFR 260______4369 27o______i______m m : 7 CFR P r o p o s e d R u l e s : 4369 150...... 4109, 4377, 4631 P r o p o s e d R u l e s : 52____ 4104 230------4209 208__ 4616 12 CFR 240------3651, 4209, 4632 401.... “...... 250. 601____ 4399 207.------4248, 4249, 4452 ------4209 722__ 4309 211------4729 4451 213______4729 18 CFR 905_ " 4514, 4561 906.. "" ,4729 220 ------______------4249, 4453 4247 907.. " 221 ------260— ------______;------______------4249, 4455ÄÄ 908.. ; _____ 4247 4514 _____4247 Proposed R ules: 909 UHI" " , 4514 13 ‘CFR 4617 ioi__...... __ 607______9J3------4Ì0~5~, 4*36~5"~4Y9~9",~461~7 4655 4400 121______4562 944II — 4105 4365 19 CFR 948. " 4561 14 CFR 1______950. “...... 4452 980. 4515 37------1 4729 10______1125.. 4106 4365 39------3621, 4249, 4366 1464. 4515 61------4402, 4404 3633 71. ------4093- 1474.. 11.III— ------4452 4095, 4171, 4249, 4366-4368, 4404, Proposed R ules" " ' " " 4405, 4509-4511, 4562. Proposed R ules: 52__ 4______4335 73------4095, 4096, 4172 68___ m m “------75------4368 25------¿sen 4375 91------4096 m l ------11111 3639, ~4 417, 4629 93___------4096 20 CFR 929..::::::: — 3641 95------4729 4188 614______932. 97------3622, 4311, 4563 950. 4107 Proposed R ules: 4188 121------;------4096, 4144 953.. 221------4456 405______4517 621______989. 4188 223------3631 991_ «------3641 389------3632 21 CFR lo o i.:: -— 4417 399------4459 4419 1002__ : m P r o p o s e d R u l e s : 4419 25------j4 3641------4731 1004:: 4419 1005.. “ ------4419 39------3642 ------4574 1015. . : : : : : ------4581 43------4420 ------4098 4419 65------4523 120------4138, 4172, 4326, 4407, 4658 N °. 55— p t. x------7 4774 FEDERAL REGISTER

21 CFR— Continued Pa€e 32 CFR—Continued page 42 CFR Page 73______4620 121______4098, 1004______— 4177 4138, 4173, 4327, 4408, 4575, 4576, 1005------— 4178 4618, 4659, 4732. 1006 _____ 4178 43 CFR 130______4732 1007 ______4179 3100______4465 141______4099 1009______- ______4179 3120______4465 141a______— 4099 1015______4185 P u b l i c L a n d O r d e r s : 141d______4101 1018______4185 2546 (revoked in part by PLO 145______,______4099 1054______4185 4377)______4332 146d______4101 1060______4185 4317 (corrected by PLO 4376) _ 4333 148i______4732 1606— ______4677 4371 ______— — 3636 148j______4733 4372 ______4333 166______3635, 4734 32A CFR 4373 ______4332 281______4462 P r o p o s e d R u l e s : 4374 ______— 4333 P r o p o s e d R u l e s : OEP (Ch. I) : 4375 ______4333 1 4420 DMO 8540.1______4736 4376 ______- 4333 3 _ 4144 OIA (Ch. X) : 4377 ______4332 28______- ___ 4587 OI Reg. 1______4628 4378 ______4400 4379 ______4513 22 CFR 33 CFR 301______4776 110______4737,4738 46 CFR 117______4373, 4576, 4674 526______4626 204______4463, 4464 24 CFR P r o p o s e d R u l e s : 207 ______4464 4746 221______4620 208 ______4464 401______514______4208 26 CFR 36 CFR 47 CFR P r o p o s e d R u l e s : 200______4139 I______4414, 4742 n ___ _ 3637 P r o p o s e d R u l e s : 1 ____ 4738 29 CFR 7______4679 9. ^ ___ 4258 ___ _ 4577 102______4139 38 CFR 21 1600______4329 25 __ 3638 1______4140 __ 4102, 4186, 4187,4408,4739 17______4140 73______30 CFR 74 4258,4408 18______4660 39 CFR $Q ____ 4103 34______4660 ____ 4103 Ch. I______3635, 4141, 4185, 4310, 4465 P r o p o s e d R u l e s : 124______4512 Q7 _ 4466 I I ______4468 126______4251 P r o p o s e d R u l e s : 151______4251 73 ____ 4110, 31 CFR 155______4252 4202. 4204-4206, 4378, 4474, 4694. 54______4677 221______3635 81 __ 4747 128______4576 246______4465 83 _ 4747 205______- ____.‘U 4734 P r o p o s e d R u l e s : 316______4256 151______3639 401 ______4257 155______- 4199 49 CFR 402 ______4257 100n ! 4370 403 ______4257 41 CFR 1041 _ 4467 405 ______4257 1A48 4626 406 ______4257 6-3______—- 4674 7_1______— 4252 P r o p o s e d R u l e s : 32 CFR 7_6 ______(______4252 173 4340 9-7— __I______4253 4340 156______4462 178 9-8______4253 4208 293______*------— 4618 9-16______- ______4253 1048 803______4512 H_1______3636 809a______-— 4462 39-1____ 4185 50 CFR 813______- ______.____ 4734 _ 4104 39-10______4676 90 1001 ______4173 oo _ 4104 1002 ______4176 101-47------4408 _ 4104, 4187, 4259,4513 1003 ______4176 109-40______4140 33______FEDERAL REGISTER VOLUME 33 • NUMBER 55 Wednesday, March 20, 1968 • Washington, D.C. PART II

Peace Corps

Ethical Conduct and Responsibilities of Peace Corps Employees

No. 55— Pt. n ___i 4776 RULES AND REGULATIONS 365 days. The term “regular Government the matter is one in which he partici­ Title 22— FOREIGN RELATIONS employee” means any officer or employee pated personally and substantially. of the Peace Corps other than a special (5) He may not receive any salary, or Chapter III— Peace Corps Government employee. supplementation of his Government salary, from a private source as com­ PART 301— ETHICAL CONDUCT AND § 301.735—2 General standards o f con­ pensation for his services to the Gov­ RESPONSIBILITIES OF PEACE CORPS duct. ernment. EMPLOYEES (а) As provided by the President in (b) Special Government employees. A Executive Order No. 11222, whether or Pursuant to and in accordance with special Government employee is subject not -specifically prohibited by law or in to the following major criminal pro­ sections 201 through 209 of Title 18 of the regulations in this part, no U.S. the United States Code, Executive Order hibitions: regular and special Government employ­ (1) He may not, except in the dis­ 11222 of May 8, 1965 (30 F.R. 6469), ees shall take any action which might and Title 5, Chapter I, Part 735 of the charge of his official duties, represent result in, or create the appearance o f: anyone else before a court or Govern­ Code of Federal Regulations, Chapter (1) Using public office or employment III of Title 22 of the Code of Federal ment agency in a matter in which the for private gain, whether for themselves United States is a party or has an interest Regulations, consisting of Part 301 is re­ or for another person, particularly one vised to read as follows: and in which he has at any time partici­ with whom they have family, business, pated personally and substantially for S ec. or financial ties. the Government. 3 0 1 .7 3 5 - 1 Introduction. (2) Giving preferential treatment to 301 .73 5 - 2 General standards of conduct. any person. (2) He may not, except in the dis­ 3 01.735- 3 Conflict of interest. (3) Impeding Government efficiency charge of his official duties, represent Political activities. 3 0 1 .73 5 - 4 or economy. anyone else in a matter pending before 3 01.735- 5 G ifts . the agency he serves unless he has served 301.735- 6 Outside employment and ac­ (4) Losing complete independence or impartiality. there no more than 60 days during the tiv itie s . past 365. He is bound by this restraint Financial interests. (5) Making a Government decision 3 01 .73 5 - 7 despite the fact that the matter is not 301 .73 5 - 8 Use of Government property. outside official channels. 3 01.735- 9 Information. (б) Affecting adversely the confidence one in which he has ever participated 301.735- 10 Discrimination. of the public in the integrity of the Gov­ personally and substantially. 3 0 1 .7 3 5 - 11 Indebtedness. Gambling, betting, and lotteries. ernment. The restrictions described in subpara­ 301.735- 12 (7) Using Government office or em­ 301.735- 13 Related statutes and regulations. graphs (1) and (2) of this paragraph 301.735- 14 Employees required to submit ployment to coerce a person to provide apply to both paid and unpaid represen­ statements of employment financial benefit to themselves or to other tation of another. and financial interests. persons, particularly ones with whom they have family, business, or financial (3) He may not participate in his gov­ Au t h o r it y : The provisions o f this Part 301 ernmental capacity in any matter in issued under E.O. 11222 of May 8, 1965, 30 ties. which he, his spouse, minor child, out­ F.R. 6469, 3 CFR, 1965 Supp.J 5 CFR 735.104. (b) Moreover, no regular or special employee may engage in criminal, in­ side business associate, or person with § 301.735—1 Introduction. famous, dishonest, immoral, or notori­ whom he is negotiating for employment (a) Four years ago, in issuing Peace ously disgraceful conduct, or other con­ has a financial interest. Corps Standards of Employee Conduct, duct prejudicial to the Government. (4) He may not; after his Govern­ Sargent Shriver said: ment employment has ended, represent § 301.735—3 Conflict of interest. anyone other than the United States in Following the letter of the law or staying connection with a matter in which the within the shadow of ethical phrases will (a) Regular Government employees. not suffice. Our undivided loyalty is owed to A regular employee of the Government United States is a party or has an in­ our Government. We will be judged by both is in general subject to the following terest and in which he participated per­ fact and appearance. There is no place on major criminal prohibitions: sonally and substantially for the Gov­ the Peace Corps’ team for those who cannot (1) He may not, except in the dis­ ernment. live comfortably with this high standard. charge of his official duties, represent (5) He may not, for 1 year after his (b) In Executive Order No. 11222, the anyone else before a court or Govern­ Government employment has ended, rep­ President recently directed the Civil ment agency in a matter in which the resent anyone other than the United Service Commission to require each United States is a party or has an in­ States in connection with a matter in agency head to review and reissue his terest. This prohibition applies both to which the United States is a party or has agency’s regulations regarding the ethi­ paid and unpaid representation of an interest and which was within the cal conduct and other responsibilities of another. boundaries of his official responsibility all its employees. One of the main pur­ (2) He may not participate in his gov­ during the last year of his Government poses of the regulations in this part is ernmental capacity in any matter in service. This temporary restraint gives to encourage individuals faced with ques­ which he, his spouse, minor child, out­ way to the permanent restriction de­ tions involving subjective judgment to side business associate, or person with scribed in subparagraph (4) of this para­ seek counsel and guidance. The General whom he is negotiating for employment graph if the matter is one in which n Counsel is designated to be the counselor has a financial interest. participated personally and substantially. ^ (3) He may not, after his Government for the Peace Corps with respect to these § 3 0 1 .7 3 5 -4 Political activities. matters. He and the Deputy General employment has ended, represent anyone Counsel will give authoritative advice other than the United States in connec­ (a) Subchapter HI of Chapter 73 of and guidance in this area to any Peace tion with a matter in which the United Title 5, United States Code and otner Corps employee who seeks it. States is a party or has an interest and statutes regulate the extent to which em- (c) Any violation of the regulations in in which he participated personally and ployees may engage in political activiti . this part may be cause for disciplinary substantially for the Government. Generally, using official authority or i - action. Violation of those provisions of (4) He may . not for 1 year after hisfluence for the purpose of interfering the regulations in this part which reflect Government employment has ended, with an election or its result or taking legal prohibitions may also entail penal­ represent anyone other than the United active part in political managemento ties provided by law. States in connection with a matter in political campaigns is prohibited. in*» (d) As used in this part, the term which the United States is a party or has restrictions do not affect the “special Government employee” means an interest and which was within the employees to express their personal P° a person appointed or employed to per­ boundaries of his official responsibility ical opinions, as long as they do form temporary duties for the Peace during the last year of his Government do so in such a manner as to ta Corps with or without compensation, on service. This temporary restraint gives active part in political campai2 a full-time or intermittent basis, for not way to the permanent restraint described management or to participate in. to exceed 130 days during any period of in subparagraph (3) of this paragraph if activities of national or State po

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4777

parties to the extent that such participa­ (b) From other Peace Corps em­ in which acceptance may result in, or tion is not proscribed by law. ployees. No employee in a superior of­ create the appearance of a conflict of in­ (b) Special Government employees are ficial position shall accept any gift pre­ terest. subject to the statute for the whole of sented as a contribution from employees (ii) Outside employment which tends each day on which they do any work for receiving less salary than himself. No to impair the employee’s mental or the Government. employee shall solicit contributions from physical capacity to perform his official (c) While regular employees may ex­ another employee for a gift to an em­ responsibility in an acceptable manner. plain and support governmental pro­ ployee in a superior official position, nor (c) Teaching, lecturing, and writing— grams that have been enacted into law, shall any employee make a donation as a (1) Use of information. Employees are in exercising their official responsibilities gift to an employee in a superior official encouraged to engage in teaching, lec­ they should not publicly support or op­ position. However, this paragraph does turing, and writing. However, an em­ pose pending legislation, except in testi­ not prohibit a voluntary gift of nominal ployee shall not, either for or without mony before the Congress. value or donation in a nominal amount compensation, engage in teaching, (d) Also, the Foreign Service Act gen­ made on a special occasion such as mar­ lecturing or writing that is dependent on erally prohibits any Foreign Service em­ riage, illness, or retirement. ployee from (1) corresponding in regard information obtained as a result of his (c) From foreign governments. No Government employment, except that to the public affairs of any foreign gov­ regular employee may solicit or, without when information has been or on request ernment, except with the proper officers the consent of the Congress, receive any of the United States, and (2) recom­ will be made available to the general present, decoration, emolument, pecu­ public or when the agency head gives mending any person for employment in niary favor, office, title, or any other gift any position of trust or profit under the advance written authorization for the from any foreign government. See 5 use of nonpublic information on the basis government of the country to which he U.S.C. 7342; Executive Order: 11320; and is detailed or assigned. that the proposed use is in the public 22 CFR Part 3 (as added, 32 F.R. 6569). interest. 301.735-5 Gifts. (d) Gifts to Peace Corps. Gifts to the (2) Compensation. No employee may United States or to the Peace Corps may accept compensation or anything of Value (a) From donors dealing with Peacebe accepted in accordance with Peace Corps. (1) No Peace Corps regular or for any consultation, lecture, discussion, Corps regulations. writing, or appearance the subject matter special employee shall solicit or accept, (e) Reimbursement for expenses. Nei­ directly or indirectly, for himself, for any of which is deyoted substantially to the ther this section nor § 301.735-6 pre­ Peace Corps’ programs or which draws member of his family, or for any person cludes an employee from receipt of with whom he has business or financial substantially on official data or ideas bona fide reimbursement, unless pro­ which have not become part of the body ties, any gift, gratuity, favor, entertain­ hibited by law, for expenses of travel and ment, or loan or any other thing'of value, of public information. such other necessary subsistence as is (3) Clearance of publications. No em­ from any individual or organization compatible with this part and for which which: ployee may submit for publication any no Government payment or reimburse­ writing any contents of which are (1) Has, or is seeking to obtain, con­ ment is made. However, this paragraph tractual or other business or financial devoted to the Peace Corps’ programs does not allow an employee to be reim­ or to any other matter which might be relations with the Peace Corps. bursed, or payment to be made on his (ii) Has interests that may be sub­ of official concern to the U.S. Government behalf, for excessive personal living ex­ without in advance clearing the writing stantially affected by the performance penses, gifts, entertainment, or other or nonperformance of the employee’s of­ with the Executive Secretary. Before personal benefits. Nor does it allow an clearing any such writing, the Executive ficial responsibility. employee to receive non-Government (iii) is in any way attempting to affect Secretary will consult with the appro­ reimbursement of travel expenses for priate Peace Corps offices or divisions. the employee’s exercise of his official travel on official business under Peace responsibility. Corps orders; but rather, such reim­ (d) State and local government em­ (2) Subparagraph (1) of this para­ bursement, if any, should be made to the * ployment. Regular employees may not graph does not prohibit, even if the donor Peace Corps and amounts received hold office or engage in outside employ­ has dealings with the Peace Corps * should be credited to its appropriation. ment under a State or local government. (i) Acceptance of things of value from If an employee receives accommodations, Anyone wishing to undertake such of­ Parents, children, o r spouse i f th ose r e - goods or services in kind from a non- fice or employment should consult with auonships rather than the business of Govemment source, this item or items the General Counsel for information with he donor is the motivating factor for respect to relevant exceptions to this the gift. will be treated as a donation to the Peace Corps and an appropriate reduction will rule. A9cePtance of food and refres be made in per diem or other travel ex­ (e) Participation in charitable or ents of nominal value on infreque penses payable. other activities. This section does not ^ ordinary course of preclude an employee from participating luncheon, or dinner meeti § 301.735—6 Outside employment and in the affairs of a charitable, religious, °r other meeting. activities. professional, social, fraternal, nonprofit ini«—* Solicitation and acceptance (a) Application. Only paragraph (c) educational or recreational, public serv­ S . from banks or other financial i of this section is applicable to special ice or civic organization. artttri«8 finance Proper and usi Government employees. § 301.735—7 Financial interests. of employees, such as hoc (b) General. (1) There is no general J S £ » i°ans> solicited and accepted prohibition against Peace Corps em­ (a) As provided by the President in customary terms. ployees holding outside employment, in­ Executive Order No. 11222, no employee derwTr!a ^^Ptance on behalf of min cluding teaching, lecturing, or writing. may: or pH»611« feiiowships, scholarshi] But no emplQyee shall engage in such (1) Have a direct or indirect financial bask (ijpa*’1°nal loans awarded on t employment if it might result in a con­ interest that conflicts substantially, or af* °f merit and/or need. flict or an apparent conflict between the appears to conflict substantially, with his ous n „^Ceptance °f awards for merito private interests of the employee and official responsibility. given Vu/C contribution or achieveme his official responsibility. (2) Engage in, directly or indirectly, sionai

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY-, MARCH 20, 1968 4778 RULES AND REGULATIONS to which he is assigned abroad either thereof or from membership in sponsor­ account for public money (18 U.S.C. in his own name or in the name or ing or participating organizations. 643) ; and (3) embezzlement of the money or property of another person in the through the agency of any other person. § 301.735—11 Indebtedness. (c) The regulations in this part do possession of an employee by reason of not preclude an employee from having a A regular or special employee shall pay his employment (18 U.S.C. 654). financial interest or engaging in financial each just financial obligation in a proper (n) The prohibition against un­ transactions to the same extent as a and timely manner, especially one im­ authorized use of documents relating to private citizen not employed by the Gov­ posed by law such as Federal, State, or claims from or by the Government (18 ernment so long as the interest or local taxes. For the purpose of this sec­ U.S.C. 285). transaction is consistent with appro­ tion, a “just financial obligation” means (o) The prohibitions against political priate requirements and restrictions. one acknowledged by the employee or activities in subchapter HI of Chapter reduced to judgment by a court, and “in 73 of Title 5,. United States Code, and § 301.735-8 Use of Government prop­ a proper and timely manner” means in 18 U.S.C. 602, 603, 607, and 608. erty. a manner which the agency determines (p) The prohibition against gifts to A regular or special employee shall not does not, under the circumstances, re­ employees’ superiors and the acceptance directly or indirectly use, or allow the flect adversely on the Government as his thereof (Rev. Stat. 1784, 5 U.S.C. 113). use of, Government property of any kind, employer. In the event of a dispute be­ (q) Chapter 11 of Title 18, United including property leased to the Govern­ tween an employee and an alleged cred­ States Code, relating to bribery, graft, ment, for other than officially approved itor, this section does not require the and conflicts of interest, which is specifi­ activities. All employees have a positive Peace Corps to determine the validity cally applicable to special employees as duty to protect and conserve Govern­ or amount of the disputed debt. well as to regular employees. ment property, including equipment, § 301.735-12 Gambling, betting, and (r) The prohibitions-against (1) ac­ supplies, and other property entrusted lotteries. cepting gifts from foreign governments, or issued to them. By law, penalty en­ (2) engaging in business abroad, (3) cor­ A regular or special employee shall not responding on the affairs of foreign gov­ velopes may be used only for official Gov­ participate, while on Government owned ernment mail. ernments, and (4) discrimination on or leased property or while on duty for political, racial, or religious grounds, § 301.735-9 Information. the Government in any gambling activity contained in sections 1002 through 1005 (a) Regular or special employees may including the operation of a gambling de­ of thè Foreign Service Act of 1946, as vice, in conducting a lottery or pool, not withhold information from the press amended. or public unless that information is clas­ in a game for money or property, or in (s) The prohibition against an em­ sified or administratively controlled selling or purchasing a numbers slip or ployee acting as the agent of a foreign (Limited Official Use). All responses to ticket. principal registered under the Foreign requests for information from the press § 301.735—13 Related statutes and Agents Registration Act (18 U.S.C. 219). should be cleared in advance with the regulations. (t) The prohibition against appoint­ Office of Public Information. Regular (a) House Concurrent Resolution 175, ing or advocating the appointment of a and special employees should be certain 85th Congress, 2d session, 72 Stat. 312, relative to a position within the agency that information given to the press and the “Code of Ethics for Government (5 U.S.C. 3110). public is accurate and complete. Service.” § 301.735—14 Employees required to (b) Any questions as to the classifica­ (b) The prohibition against lobbying tion or administrative control of infor­ submit statements of employment with appropriated funds (18 U.S.C. and financial interests. mation should be referred to the General 1913). Counsel. (c) The prohibitions against disloyalty (a) (1) Regulations of the Civil Serv­ (c) No regular or special employee may and striking (5 U.S.C. 7311, 18 U.S.C. ice Commission (5 CFR Part 735) require record by electronic or other device any 1918). the Peace Corps to adopt regulations telephone or other conversation. No regu­ * (d) The prohibition against the em­ providing for the submission of state­ lar or special employee may listen in on ployment of a member of a Communist ments of employment and financial in­ any telephone conversation without the organization (50 U.S.C. 784). terests from certain regular Peace Corps consent of all parties thereto. (e) The prohibitions against (1) the employees and all special Peace Corps (d) For the purpose of furthering a disclosure of classified information (18 employees. private interest, an employee or special U.S.C. 798, 50 U.S.C. 783) ; and (2) the (2) Such statements must be submitted employee shall not directly or indirectly disclosure of confidential information within 90 days after the effective date oi use, or allow the use of, official informa­ (18 U.S.C. 1905). this part by any present employee wno tion obtained through or in connection (f) The provision relating to the occupies a position designated in para­ with his Government employment which habitual use of intoxicants to excess (5 graph (b) of this section. Any employee has not been made available to the gen­ U.S.C. 7352). appointed subsequent to the effective dale eral public. However, this does not pre­ (g) The prohibition against the misuse of this part who falls into this category clude the use of information for teach­ of a Government vehicle (31 U.S.C. 638a must submit such statements within ing, lecturing, and writing as provided in (c) ). days after his entrance on duty. § 301.735-6. (h) The prohibition against the mis­ (3) Changes in or additions to the in­ § 301.735-10 Discrimination. use of the franking privilege (18 U.S.C. formation contained in a regular or sp * 1719). eial employee’s statement must T (a) No regular or special employee (i) The prohibition against the use of ported in a supplementary stateme may take or recommend any personnel deceit in an examination or personnel as of June 30 each year. If there aren action with respect to any other employee action in connection with Government changes or additions, a negative re]po > or applicant for employment on the basis employment (18 U.S.C. 1917). is required. Notwithstanding the fill & of any inquiry concerning the race, polit­ (j) The prohibition against fraud or the annual report required by this para ical affiliation, or religious beliefs of the false statements in a Government matter graph, each employee shall at all other employee or applicant for employ­ (18 U.S.C. 1001). avoid acquiring a financial interest ment. No discrimination shall be exer­ (k) The prohibition against mutilat­ cised, threatened or promised against or could result, or taking an ncj ing or destroying a public record (18 would result, in a conflict of tprest in favor of any employee or applicant a violation of the conffiets-of- w for employment because of race, sex, U.S.C. 2071). (l) The prohibition against counter­ provisions of section 208 of Ti. . political affiliation, or religious beliefs. United States Code, or the conflict (b) No regular or special employee on feiting and forging transportation re­ quests (18 U.S.C. 508). interest provisions of this paI^- "ilvees official business may participate in con­ case of temporary summer employees ferences or speak before audiences if any (m) The prohibitions against (1) em­ bezzlement of Government money or hired at FSR-7 or equivalent andlb racial group has been segregated or ex­ to perform duties other than thos cluded therefrom, from the facilities property (18 U.S.C. 641) ; (2) failing to

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968 RULES AND REGULATIONS 4779 expert or consultant, the reporting re­ (10) All special Government em­sidered business enterprises and are re­ quirement will be waived. It may also be ployees shall submit a statement of em­ quired to be included in a regular or spe­ waived by the Director of Personnel with ployment and financial interest on the cial employee’s statement of employment respect to other appointments except as standard form provided by the Person­ and financial interests. experts or consultants, upon a finding nel Division for that purpose. Special (g) The statements of employment that the duties of the position held by Government employees shall report all and financial interests and supplemen­ the special Government employee are of employment other than with the Peace tary statements required are in addition a nature and at such a level of responsi­ Corps and all financial interests which to, and not in substitution for or in dero­ bility that the reporting of employment relate either directly or indirectly to their gation of, any similar requirement im­ and financial interests is not neces­ duties and responsibilities. Each special posed by law, order, or regulation. sary to protect the integrity of the Government employee shall keep his (h) If a statement submitted under Government. statement current throughout his em­ this part or information from other (b) Statements shall be submitted by ployment by the submission of supple­ sources indicates a conflict or the ap­ the following employees who are in mentary statements as necessary. pearance of a conflict between the grades FSR--5, FSS—2, GS-13 or above: (c) The information required of reg­ interests of a regular or special Govern­ (1) Office of the pirector. Deputy Di­ ular employees may be submitted on ment employee and the performance of rector. standard forms which are available from his services for the Government and if (2) Office of General Counsel, (i) Gen­ the Personnel Division. Detailed instruc­ the conflict cannot be resolved at a lower eral Counsel. tions are set forth on the back of the level in the agency, the information on (ii) Deputy General Counsel. forms. These forms should be submitted the conflict or apparent conflict will be (3) Regional Offices, (i) Regional Di­ directly to the Director or Deputy Direc­ reported to the Director through the rector. tor of the Personnel Division who will General Counsel. The employee or spe­ (ii) Deputy Regional Director. review them, consulting with the Gen­ cial Government employee concerned will (iii) Country Directors and those over­ eral Counsel or Deputy General Counsel be provided an opportunity to explain the seas staff members to whom contracting as necessary. These officials shall main­ situation. or procurement authority has been duly tain the statements in the strictest con­ (i) When after consideration of the delegated by the Country Director. fidence and shall not allow access to, or explanation of the employee or special (iv) Training Center Directors. allow information to be disclosed from, Government employee furnished under (4) Office of Administration, (i) Di­ a statement except to carry out the pur­ paragraph (h) of this section, the Direc­ rector. poses of this part. tor decides that remedial action is re­ (ii) Deputy Director. (d) The interest of a spouse, minor quired, he must take immediate action (iii) Director of Administrative Serv­ child, or other member of a regular or to end a real or apparent conflict of in­ ices. special employee’s immediate household terest, or take preventive action to fore­ (iv) Deputy Director of Administrative is considered to be an interest of that stall a potential conflict. Such action Services. employee. For the purpose of this sec­ may include, but is not limited to, chang­ (v) Director of Administrative Sup­ tion, “member of an employee’s im­ ing assigned duties, requiring the em­ port and Review. mediate household” means those blood ployee or special employee to divest (vi) General Supply Officer. relations who are residents of the em­ himself of a conflicting interest, taking (vii) Auditor. ployee’s household. disciplinary action, or disqualifying or (viii) Chief of Travel Section. (e) If any information required to be accepting the self-disqualification of the (ix) Procurement Agents. included on a statement of employment employee or special Government em­ (5) Office of Financial Management. and financial interest or supplementary ployee for a particular assignment. (i) Director. statement, including holdings placed in (j) A regular employee who believes (ii) Director, Contracts Division. trust, is not known to an employee or that his position has been improperly (iii) Director, Accounting and Finance special employee but is known to an­ included under Peace Corps regulations Division. other person, he is required to request as one requiring the submission of a (iv) Director, Budget Division. that other person to submit information statement of employment and firikncial (v) Contract Administrators. on his behalf. interests shall be given an opportunity ^'on^;ract Specialists. (f) Regular or special employees are for review through the Peace Corps’ (6) Office of Medical Programs, (i) not required to submit in a statement grievance procedures to determine Director. of employment and financial interests or whether the position has been improperly (ii) Deputy Director. supplementary statements any informa­ included. Chief of Medical Processing. tion about their connection with or in­ Effective date: The revision of this (7) Office of Planning, Program Re- terest in a professional society or a meJf.\and Research, (i) Director. Part 301 was approved by the Civil charitable, religious, social, fraternal, Service Commission on February 7,1968, Jh) Deputy Director. recreational, public service, civic, or Office of Evaluation, (i) Director. and is effective upon publication in the political organization not conducted as F e d e r a l R e g is t e r . JiD Deputy Director. a business enterprise. For this purpose, Director^6 ^°^un^eer Support, (i) educational and other institutions doing B r e n t A s h a b r a n n e r , research and development or related Acting Director, Peace Corps. J Deputy Director. work involving grants of money from or [F.R. Doc. 68-3433; Filed, Mar. 19, 1968; hfi) Director of Volunteer Travel. contracts with the Government are con­ 8 :4 9 a.m .]

FEDERAL REGISTER, VOL. 33, NO. 55— WEDNESDAY, MARCH 20, 1968