FEDERAL REGISTER VOLUME 32 • NUMBER 119

Wednesday, June 21,1967 • Washington, D.C. Pages 8789-8845

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Consumer and Marketing Service Fédéral Aviation Administration Federal Communications Commission Federal Highway Administration Federal Home Loan Bank Board Federal Maritime Commission Food and Drug Administration Geological Survey Interstate Commerce Commission Land Management Bureau Navy Department Securities and Exchange Commission Small Business Administration Detailed list o f Contents appears inside. Subscriptions Now Being Accepted

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90th Congress, 1st Session 1967

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r r i i r O M l W SW D E P IC T E D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r r J l E i l r l I l i E l l I ^ I E l f on the day after an official Federal holiday), by the Office of the Federal Register, National $ Archives and Records Service, General Services Administration (mail address Nations Area Code 202 ^ Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 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. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable 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 o each additional group of 40 pages, as actually boun d). Remit check or money order, made payable to the Superintendent of Documen s, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, p * suant to section 11 pf the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintenden Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulatio Contents

AGRICULTURAL STABILIZATION CONSUMER AND MARKETING FEDERAL MARITIME AND CONSERVATION SERVICE SERVICE COMMISSION Rules and Regulations Rules and Regulations Notices Fruit grown in Arizona and Cali­ Sugar quota, 1967, mainland cane Financial responsibility certifi­ area _____—------8805 fornia; handling limitations: cates; applications: Lemons______8807 Compania Genovese Di Arman- Oranges, Valencia AGRICULTURE DEPARTMENT ______8807 menta e ta l______8830 See also Agricultural Stabilization Continental Cruise Lines, Inc./ and Conservation Service; Con­ DEFENSE DEPARTMENT Jamaica Shipping Lines, Ltd. 8830 sumer and Marketing Service. See Navy Department. Notices FOOD AND DRUG Areas for emergency loans; des­ FEDERAL AVIATION ignation and extension: ADMINISTRATION ADMINISTRATION Colorado and Florida------8821 Proposed Rule Making Rules and Regulations Kansas, Nebraska, and New Y o r k ______8821 Control zones and transition Chocolate and fat; identity stand­ South Carolina______8821 areas: ard ______8814 Office of the Inspector General; A lteration______8818 Color additives; alumina, calcium organization, etc______8822 Designation______8819 carbonate, and talc______8814 Federal airway and transition Food additives: ATOMIC ENERGY COMMISSION area; alteration______8818 Antistatic and/or antifogging agents in food-packaging ma­ Notices FEDERAL COMMUNICATIONS terials ______8817 Chemical processing and conver­ COMMISSION Cellophane ______8816 sion of spent fuels; extension of Polyurethane resins______8816 contract terms______8826 Rules and Regulations Pesticide chemicals in or on raw General Electric Technical Serv­ Antenna farm areas; establish­ agricultural commodities: ices Co., Inc.; issuance of facility ment and use------8809 Fees ______8815 export license______8825 Notices N - isopr opy lanilide______8816 Trespassing on Commission prop­ Specific tolerances; general erty: Canadian broadcast stations; provisions ______8815 Alameda Facility______8826 changes, proposed changes, and South Albuquerque Works_____ 8826 corrections in assignments_____ 8827 Notices Hearings, etc.: Petitions regarding food additives BUSINESS AND DEFENSE Associated Telephone Answering or pesticides; filings and with­ SERVICES ADMINISTRATION Service and Liberty Commu­ drawals: nications, Inc______8827 Amchem Products, Inc______8824 Notices Eastern Broadcasting Corp. and Chemagro Corp______8824 Applications for duty-free entry W IK I Radio, Inc. (2 docu­ Hess and Clark______8825 of scientific articles: ments) ______8827,8828 Interior Department______8825 New York University; decision,. 8823 General Electric Cablevision Koppers Co., Inc______8825 University of Wisconsin et al___ 8823 C o r p ______8828 Jones, Arthur H., Jr______8828 Monsanto Co______8825 CIVIL AERONAUTICS BOARD Jones, Ward L., and Mars Hill Pittsburgh Plate Glass Co_____ 8825 Rules and Regulations Broadcasting Co., Inc______8829 W. R. Grace & Co______8825 Mel-Lin, Inc. (W O B S )______8829 Board opinions, orders, and rec­ Miami Broadcasting Corp. et al_ 8829 ords; inspection and copying___ 8793 Radio Stations K NND and GEOLOGICAL SURVEY Delegations and review of action KRKT and Albany Radio under delegation; nonhearing Corp. (2 documents)____ 8829, 8830 Notices matters______8799 Pees and charges for special serv­ Montana; coal land classification ices ------8804 FEDERAL HIGHWAY o rd er______8820 Statement of organization, delega­ ADMINISTRATION tions of authority, and avail­ ability of records and informa­ Rules and Regulations HEALTH, EDUCATION, AND tion ______8797 Initial Federal motor vehicle WELFARE DEPARTMENT Transportation of mail ; free travel safety standards; interpreta­ for postal employees______8793 tions; overall width and steering See Fopd and Drug Administra­ Notices controls______.'______8808 tion. ■^ATA traffic conference; agree­ ments regarding cargo matters, 8826 FEDERAL HOME LOAN BANK BOARD INTERIOR DEPARTMENT COMMERCE DEPARTMENT Rules and Regulations See Geological Survey; Land Man­ See Business and Defense Services Federal Savings and Loan System; agement Bureau. Administration. bonus accounts______.____, 8814 ( Continued on next page) 8791 8792 CONTENTS INTERSTATE COMMERCE NAVY DEPARTMENT COMMISSION Rules and Regulations Notices Navigational light waivers; cer­ tifications of the Secretary of Carolina Meat Processors, Inc.; petition for declaratory order__ 8832 the Navy______— ______8808 Fourth section application for re­ lief ______8832 SECURITIES AND EXCHANGE Motor carrier: COMMISSION Alternate route deviation no­ Notices tices-______8836 Hearings, etc.: Applications and certain other Great Lakes Gas Transmission proceedings •.______8837 Co. and American Natural Gas Temporary authority applica­ Co — ______8830 tions ______8832 Pacific Insurance Company of Transfer proceedings—------8842 New York and Bankers and Shippers Insurance Company LAND MANAGEMENT BUREAU of New York ------8830 Rules and Regulations SMALL BUSINESS Public land orders: Arkansas and Oklahoma; ADMINISTRATION boundary adjustment, Oua­ Notices chita National Forest______8808 Iowa; disaster area declaration— 8832 Utah; opening of lands______8809 Wyoming; partial revocation of TRANSPORTATION DEPARTMENT -Executive order______^ 8809 See Federal Aviation Administra­ Notices tion; Federal Highway Adminis­ New Mexico; land classification__ 8820 tration.

List of CFR Parts Affected

(Codification Guide) 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, 1967, and specifies how they are affected.

3 CFR 14 CFR 32 CFR E x e c u t iv e O rder: 233_____—______8793 706______8808 5237 (revoked in part by PLO 4230) _ 8809 310— ______- ______8793 384______8797 43 CFR 385— ------8799 public L and Orders: 7 CFR 389------— 8804 4228______8808 814____ 8805 P roposed R u l e s : 4229— I l II II I_ Il II II 8809 908____ 8807 71 (3 documents)_____ j______8818,8819 4230______8809 910____ 8807 21 CFR 47 CFR 8____— ______8814 1____ 8813 12 CFR 14______8814 17___ 8813 545______8814 120 (3 documents)______8815,8816 73____ 8813 121 (3 documents)______8816, 8817 23 CFR 255______8808 8793

Rules and Regulations

the Assistant Postmaster General—Re­ lic were submitted. These have been con­ Title 14— AERONAUTICS AND search and Engineering; and the Direc­ sidered by the Board in establishing Part tor of Operations in the Bureau of 310. SPACE Research and Engineering. Since this regulation is a rule of agency (e) The Chief Postal Inspector; the practice and procedure, notice and public Chapter II— Civil Aeronautics Board Deputy Chief Postal Inspector; and the procedure hereon are not required. The SUBCHAPTER A— ECONOMIC REGULATIONS Director, Office of Planning and systems Board finds that the rule should be made effective July 4, 1967, in order that the [Beg. ER-498; Arndt. 4] Analysis. (f) The Director, Distribution and Board may be in full compliance with the PART 233— TRANSPORTATION OF Routing Division; the Director, Air Freedom of Information Act on its ef­ MAIL: FREE TRAVEL FOR POSTAL Transportation Branch; the Director, fective date. EMPLOYEES International Service Division, Bureau Accordingly, the Board hereby adopts of Transportation and International a new Part 310 of its Procedural Regu­ Postal Employees To Be Carried Free Services; the Assistant General Counsel, lations, 14 CFR Part 310, effective July 4, Transportation; the Regional Director Adopted by the Civil Aeronautics 1967, to read as follows: in each of the 15 Postal Regions; the Board at its office in Washington, D.C., Sec. fifteen (15) Postal In s p e c to rs -in - on the 16th day of June 1967. 310.1 Purpose. Charge; and the Field Service Officers in In EDR-114, dated April 26, 1967, 32 310.2 Records available. Alaska. 310.3 Exempted records. F.R. 6714, Docket 18470, the Board issued * * * * * 310.4 Time and place where records may be a notice of proposed rule making to inspected or copied. (Secs. 204(a), 405( j) , Federal Aviation Act of amend Part 233 of its Economic Regula­ 310.5 Fees for copying. 1958, as amended, 72 Stat. 743, 760; 49 U.S.O. 310.6 Procedure for requesting records. tions (14 CFR Part 233), by adding to 1324,1375) and modifying the list of Post Office De­ 310.7 Production of Board records. partment employees eligible for free air By the Civil Aeronautics Board. 310.8 Use of records. 310.9 Refusal to make record available. transportation without having to pre­ [ s e a l ] M a b e l M cC art, Appendix A—Description and Location of sent a “Request for Access to Aircraft Acting Secretary. Records Generally Available. for Free Transportation” on U.S. Gov­ [F.R. Doc. 67-6957; Filed, June 20, 1967; Appendix B— Types of Records Generally Ex­ ernment Standard Form No. 160. 8:47 a.m.] cluded From Availability. No objections to the proposal have A u t h o r it y : The provisions of this Part 310 been received. However, the Department issued under sec. 204(a), Federal Aviation requested that the position “Director of SUBCHAPTER B— PROCEDURAL REGULATIONS Act of 1958, 72 Stat. 743; 49 U.S.C. 1324; Administration in the Bureau of Re­ [Beg. PR-102] Freedom of Information Act, 81 Stat. 54; 5 search and Engineering” be changed, to U.S.C. 552. PART 310— INSPECTION AND COPY­ “Director of Operations in the Bureau § 310.1 Purpose. of Research and Engineering” in accord­ ING OF BOARD OPINIONS, OR­ ance with redesignation of the position. DERS, AND RECORDS This regulation is published pursuant This change is reflected in the final rule to Public Law 90-23, sections (a) (2), (3), adopted herein.1 Adopted by the Civil Aeronautics (4), 5 U.S.C. 522(a) (2), ( 3 ), (4), and de­ Board at its office in Washington, D.C., scribes the manner in which Board opin­ Accordingly, the Board hereby amends on the 14th day of June 1967. ions, orders, and records shall be avail­ Part 233 of its Economic Regulations The Freedom of Information Act, Pub­ (14 CFR Part 233) by amending para­ able for public inspection and copying in lic Law 90-23, 5 U.S.C. 552(a) (2), (3), order both to provide for proper public graphs (c) through (f) of § 233.1, ef­ (4), requires that the Board make avail­ fective July 21, 1967, to read as follows: access to the Board’s records and to safe­ able for inspection and copying (or sale) guard those records which must be § 233.1 Postal employees to be carried all final orders and opinions (including protected. free. dissenting and concurring opinions), § 310.2 Records available. ***** statements of policy and interpretations not published in the F ederal R egster, (c) The Executive Assistant to the (a) As used herein, Board “records” administrative staff manuals and instruc­ Postmaster General; the three (3) Spe­ include all opinions, orders, manuals, pa­ tions to staff that affect a member of the cial Assistants to the Postmaster Gen­ pers, maps, files, letters, memoranda, public, a public index to the above, iden­ eral; the Administrative Assistant to the studies, reports, information, or other tifiable Board records as requested, and Postmaster General; the two (2) Execu­ documentary materials in being and in records of the final votes of each Board tive Assistants to the Deputy Postmaster possession of the Board which have come member in every Board proceeding. Part General; and the Director, Office of Re­ into the possession of the Board in the 310 contains provisions providing how, gional Administration and his Deputy. discharge of its official duties, other than where, and in what manner requests to documentary materials which are pos­ (d) The Assistant Postmaster Gener­ inspect or copy Board materials and sessed by the Board but which are rec­ al—Operations; the Assistant Post­ records shall be made, and how denials ords of another Government agency. Not master General— Transportation and In­ of such requests shall be appealed within included within Board “records” are ar­ ternational S erv ices; the Assistant the Board. Two appendices to Part 310 ticles; objects; equipment; and other Postmaster General—Finance and Ad­ catalog, but do not purport to describe nondocumentary materials. ministration; the Assistant Postmaster completely, those Board records which (b) For the guidance and convenience General—Facilities; the Assistant Post­ are available to the public, and those master General— Personnel; the General which are exempted by the Act from of the public, a list is attached to this Counsel; the principal Deputy of each of public availability. part designated Appendix A, which de­ the foregoing Assistant Postmasters In response to a notice issued on Feb­ scribes various records which are avail­ General and of the General Counsel; ruary 10, 1967 by the Board’s Secretary able for inspection and copying. Records inviting comments, views, or suggestions which do not fall within one of the de­ on any facets of the freedom of Informa­ Our action herein is also dispositive ol scribed categories nevertheless may be and closes Docket 18379, the petition from tion Act which the Board should con­ the Post Office Department initiating the sider in designing its procedures of com­ open to inspection and copying. Con­ instant rule making proceeding. pliance, several comments from the pub­ versely a record listed in Appendix A to

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8794 RULES AND REGULATIONS this part may be withheld from general be made in person, by telephone, or in ceal, remove, mutilate, obliterate, or de­ inspection and copying because all or writing. Where a specific office is noted stroy any record filed in any public office, part of it may be an exempted record. after the listing of a record in Appendix or to attempt to do any of the foregoing. By way of example, Board records other­ A to this part, the request shall be § 310.9 Refusal to make record avail­ wise normally available may be exempted directed to that office. All other requests able. where they consist of docket materials shall be directed to the Public Reference withheld from public disclosure under Room. (a) Where the material requested is § 302.39 of the Board’s Procedural Regu­ (b) Requests for records shall becurrently in use by another member of lations in this chapter, certain carrier re­ specific and must identify the specific the public or an employee of the Board, ports received on a confidential basis, or records or materials which are desired by the person making the request will be so Minutes of the Board relating to ex­ name, date, number, or other identi­ informed by the office at which the re­ empted personnel and classified matters. fying data sufficient to allow the Board’s quest was made, and will be advised when Exempted records are described in staff to locate, retrieve, prepare, and the material will be available. The re­ § 310.3. when necessary, edit the record for in­ quest may then be renewed at a later (c) Members of the public may alsospection or copying to delete exempted time. consult the Board’s “last of Publica­ matter. Blanket or generalized requests (b) Where the material requested is tions”, obtainable from the Board’s Pub­ need not be honored, and may be rer- not a record, is an exempted record, or lications Section, which describes a num­ turned to the person making the request. is otherwise unavailable, the person mak­ ing the request will be so informed by ber of Board documents for which copies § 310.7 Production of Board records. are available for a fee or without charge. the office at which the request was made. The documents listed therein may also Every effort will be made to serve (c) Not more than 7 days after a re­ be inspected without charge upon re­ requests with reasonable dispatch. Re­ quest for a record is denied pursuant to quest made at the Board’s Public Refer­ quest for the same record will be filled on paragraph (b) of this section, the person ence Room. a “first come, first served” basis, but use making the request may appeal the de­ of a document by the Board or its staff nial to the - Executive »Director, who has §310.3 Exempted records. will be given precedence. been delegated authority by the Chair­ (a) As used herein, “exempted rec­ § 310.8 Use o f records. man to make determinations on such ords” include those Board records which, appeals. The appeal shall be by letter, pursuant to 5 U.S.C. 552(b) or other ap­ (a) When a record is produced for the and shall identify the material requested plicable law or regulation, are not re­ inspection of the requester, he will be and denied in the same manner as it was quired to be made available generally for informed where he may view the record. identified to the Board office receiving inspection or copying. If a person requesting a record cannot and denying the request; shall indicate view it at the Board’s offices during the dates of the request and denial; and (b) Appendix B.to this part lists vari­ normal business hours, he may ask to shall indicate the expressed basis for the ous kinds of records and materials which have the record copied and mailed to denial. In addition, the letter of appeal are “exempted records”, and therefore him, for which he will be charged the shall state briefly and succinctly the rea­ not available for inspection and copying. appropriate fee. sons why the record should be made Appendix B is for the convenience and (b) Any record which is available for available. guidance of the public and is not. an ex­ inspection at the Board may be copied. (d) The Executive Director may con­ haustive listing; other records not listed Copy work will be done for a charge sult with other members of the staff in therein may be subject to withholding by the Pubic Reference Room, Records making his determination, and shall by as “exempted records”. Reference Section, Office of the Secre­ letter inform the requester, within 7 busi­ § 310.4 Time and place where records tary, or, in appropriate cases, by a person ness days after receipt of the appeal, may be inspected or copied. holding a contract with the Board for whether the requested material will be (a) Records may be inspected and the performance of such service. Self- made available in whole or in part. If the copied at the Board’s Public Reference service, coin-operated copy machines are request is denied in whole or in part, the Room or other offices, Universal Build­ also available in the Public Reference basis for denial will be stated. ing, 1825 Connecticut Avenue NW., Room. (e) Upon denial of a request for a Washington, D.C., during the Board’s (c) Records must be returned to the Board record by the Executive Director, normal business hours, 8:30 a.m., to 5 Board unit making them available. Un­ the person making the request may sub­ p.m., local time, Monday through Fri­ der no circumstances may records be mit a petition for review pursuant to day, excluding legal holidays, unless the removed from the Board. Failure to ad­ § 385.50 of this chapter. Proceedings Board’s business hours are otherwise here to the applicable Board regulations, thereafter will be governed by Part 385, provided by statute or Executive order. or to maintain proper conduct, may re­ Subpart C, of this chapter. sult in denial of any further access to (b) “Pubic Reference Room” is the By the Civil Aeronautics Board. principal Board -facility where requests Board records. The public is reminded for records shall be made and where of Title 18, United States Code, section [ seal] H arold R. Sanderson, records may be viewed or copied, and 2701(a), which makes it a crime to con­ Secretary. where other reference materials, such as A ppendix A the Board’s^regulations, the CAB Man­ ual, Board Orders, Decisions of the DESCRIPTION AND LOCATION OP RECORDS GENERALLY AVAILABLE Hearing Examiners, statements of policy (N o te: Any item may be withheld from disclosure if exempted, whether or not the item is and interpretations of general appli­ listed herein.) cability, certain carrier financial reports, Bureau of Operating Rights, Agreements the Public Index to Board materials, Agreements Piled Under Section 412 of Federal Aviation Act: Copies of, and Filings and Rec­ Division. lists of Board publications, and a list of ords in Connection Therewith. forms used by the Board in dealing with Air Freight Forwarder Applications and Operat­ Bureau of Operating Rights, Supplemen­ the public are available for inspection. ing Authorizations, and Filings in Connection tary Services Division. § 310.5 Fees for copying. Therewith. Aircraft Lease or Purchase Transactions Under Bureau of Operating Rights, Agreements Appropriate fees for copying Board Part 299, Economic Regulations: Filings in Division. records (including handling) are pre­ Connection With. scribed in Part 389 of this chapter. Civil Aeronautics Board Manual: Instructions Office of Secretary, Public Reference Room. to Staff and Index Thereof. § 310.6 Procedure for requesting rec­ Office of Secretary, Minutes Section. (Re* ords. Certifications of Secretary of the Civil Aero­ nautics Board. quest to be made to Public R eferen ce (a) A request to inspect or copy, or Room.) have copied, the Board’s records Charters: Requests for Waivers of Board Regu­ Bureau of Operating Rights, Supplemen­ described in Appendix A tathis part may lations. tary Services Division.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 A ppendix A— Continued A ppendix A— Continued Mail Compensation— Continued Conferences Between Civil Aeronautics Board Office of Secretary Docket Section. Monthly Listing of Summarized Passenger and Other Persons: Transcripts of. Loads by Flight Stages (Schedule T-5, Contracts of the Civil Aeronautics B oard.-_____ Office of Administrative Services. Form 41). Contracts Awarded. Summary of Obligations and Disburse­ Invitations To Bid. ments to Air Carriers (CAB Form 470). Correspondence Relating to Items Listed in Office of Assistant Executive Director for Mileage Records: Official Board Records of Office of Secretary, Schedules and Route Appendix A. Operations, Communications and Rec­ Mileages. Information Unit. ords Section, and in the Various Board Minutes of the Civil Aeronuatics Board: Ap­ Office of Secretary, Minutes Section. (Re­ Offices. (Requests should be made to the proved Minutes of the Board on Matters quest to be made to Public Reference Office of Secretary, Public Reference Which Are Not Pending. Room.) Room.) Opinions of General Counsel_____ .... ____ .... Office of General Counsel. (Request to be Dockets and Related M aterial..------...... Office of Secretary, Docket Section. made to Office of Secretary, Publio Ref­ Agents: File Showing Agents Designated for erence Room.) Service Under Section 1005(h). Federal Orders and Opinions of the Civil Aeronautics * Aviation Act. Board: Applications Sent to President Under Sec­ Copies of, Including Published Bound Vol­ Office of Secretary, Public Reference Room. tion 801 of Federal Aviation Act: Card umes “Civil Aeronautics Board Reports,” Record of. Index of, by Subject, Summarizing Action Office of Secretary, Docket Section. Docket Binders: Containing Material of Taken. Record in Docketed Proceedings, and Index-Digest of Opinions and Preceden­ Office of Secretary, Indices Section. Correspondence in Connection There­ tial Orders, and Citation File. with. Weekly Summaries of Orders______Office of Secretary, Public Reference Room. REGULATIONS AND RULES Docket Indexes Which List: By Docket Policy Statements of the Civil Aeronautics Do. Numbers, the Filings in Each Docket and Board and Index Thereof. Board Issuances in Same. Public Index..______...... Do. By Name o l Applicant or Petitioner, Published Board Documents------Do. Each Applicant, Petition, etc., Bear­ Regulations of the Civil Aeronautics Board and Do. ing a New Docket Number. Indexes Thereof: Economic, Procedural, Spe­ By Name of City, Applications for cial, and Organization. Service to Said City and the Dispo­ Reports of Carriers and Related Material: sition Thereof. Air Carrier Form 41 and 242 Financial and Do. By Name of Carrier and by Docket Operational Reports. Number, a Description of Pending Air Carrier “On Time” Reports (Form Do. Applications. 438). 1 Documents Served by Docket Section: Daily Air Carrier Form 2787 Reports of Domestic Bureau of Accounts and Statistics, Cost Record of. Passenger Origin-Destination Surveys. and Statistics Division. Oral Arguments: List of, by Date Order. Air Freight Forwarder Reports (Form 244) _ Office of Secretary, Public Reference Room. Parties to Individual Docketed Proceed­ Air Taxi Operator Reports Required by Do. ings: Lists of, With Addresses. Various Board Orders. Flight Schedules of Air C a r r i e r s ...... Office of Secretary, Schedules and Route Carrier Accounting Plans of Specified Ac­ Do. Information Unit. counting and Statistical Procedures Re­ Foreign Aircraft Permits: Copies of Applica­ Bureau of Operating Rights, Supplemen­ quired To Be Filed by Carriers Under tions, Permits, and Filings in Connection tary Services Division. Part 241, Economic Regulations. Therewith. Carrier Officers and Directors Reports Bureau of Operating Rights, Agreements Forms Used in Dealing With the Public: Copies Office of Assistant Executive Director for (Form 2786) of Ownership of Stock and Division. and List of Forms Showing Number and Operations, Publications Section. Other Interests. Title. Extensions of Time for Report Filing____ _ Office of Secretary, Public Reference Room. Inclusive Tours: Applications by Supplemental Bureau of Operating Rights, Supplemen­ Foreign Indirect Air Carrier Reports______Do. Air Carriers and Tour Operators, for State­ tary Services Division. Freight Traffic and Revenue in Blocked Do. ments of Authorization; and Filings in Con­ Space Markets. nection Therewith. Freight Traffic and Revenues, in Puerto Do. Mall Compensation______... ___ ...... Office of Comptroller. Rico Market (Form T-94). Air Carrier Claims for Mail Pay (CAB General Interpretation Letters Interpret­ Do. Forms 398 and 545). ing Provisions of Uniform System of Carrier Payments Memoranda (Instruc­ Accounts and Reports. tions Regarding Billing). Insurance Certificates and Notices______Do. Class Rate Information on CAB Form 548 Air Freight Forwarders, Certificates of (Local Service Carriers). Insurance (CAB Form 350).

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8795 8796

A ppendix A — Continued A ppendix A—Continued Insurance Certificates and Notices— Continued Tariff Matters— Continued Notice of Cancellation of Insurance by Agent Matters— Continued Insurer (CAB Form 609A). Tariff Publishing Instructions (From Notice of Cancellation of Insurance by Carriers to Agents). Carrier (CAB Form 609B). Certifications of Tariff Publications and Supplemental Air Carriers, Certificates Requests for Copies. of Insurance and Endorsements Concurrences (Issued by Carriers to Tariff Thereto. (CAB Forms 606 and 607). Publishing Carriers). t Letters to Chief Accounting Officers of Air Correspondence With Carriers or Agents Carriers Requesting Specific Information Requesting Correction of Part 221 Vio­ to Supplement or Amplify Carrier Re­ lations in Tariffs. ports. Free or Reduced Rate Transportation. Local Service Carrier Summarized Pas­ Office of Comptroller. Access to Aircraft or Free Transporta­ senger Loads, by Flight Schedule (Sched­ tion: Requests for, on U.S. Govern­ ule T—5). ment Form 160. MAC Charter Reports—,------Office of Secretary, Public Reference Room. Application for, Under § 223.8 of Eco­ Manuals of Air Carrier Accounts and Re­ Bureau of Accounts and Statistics, Regu­ nomic Regulations. porting Instructions Prescribed by the lations and Reports Division. Carrier Manuals Containing Instruc­ Board. tions, Rules, Regulation^, and Prac­ National Air Carrier Association, Form 492 Office of Secretary, Public Reference Room. tices Governing Issuances and Inter­ Reports of Commercial Charter Exchange change of Passes. Activity, Membership Roster, and Flight Reports by Carriers of Free Transpor­ Data. (Schedules A, B, and -C, of Form tation of Technical Representatives RULES 492). of Aircraft Manufacturers (§ 223.2 Public Accountants Reports and Reconcili­ Do. (c) and (d) of Economic Regula­ ation With Form 41 Reports. tions). Standard Practice Letters Prescribing Do. Postponed Board Actions, Notices of, on REGULATIONS AND Standard Accounting and Reporting Tariffs Filed on 45 Days Notice and Not Procedures, Supplemental to the Uni­ Acted Upon by Board 15 Days Prior to form System of Accounts and Reports. Effective Date. Waivers of Accounting and Reporting Re­ Do. Rejection Notices. quirements and Record Retention. Special Tariff Permissions. Route and Service Authorizations------Office of Sécrétai^, Schedules and Route Tariffs and Tariff Transmittal Letters. “Book of Official CAB Airline Route Maps Information Unit. Tariff Embargo Notices. and Airport to Airport Mileages” (Pub­ Trade Agreements Filed Under Part 225, lication) . Economic Regulations. Certificates of Public Convenience and Waivers From Part 221, Economic Regula­ Necessity. tions. Bureau of Operating Rights, Agreements Foreign Air Carrier Permits______—-— Trade Association Manuals------— Division. v Historic and Current Records and Indexes of Points Served, Airports, Dates of Unpublished Statistical Compilations. Bureau of Accounts and Statistics, Sta­ Service Inauguration, Service Deletions, Air Freight Forwarder Statistics : Compiled tistical Reports Section. Suspensions and Restorations and Board From CAB Form 244 Semiannually. Do. Actions Affecting Carrier Service Au­ Air Carrier Route Miles Statistics: Quar­ thorizations. terly Compilations. Do. Statements of Authorization for Off-Route Bureau of Operating Rights, Supplemen­ Financial Results of Scheduled All-Cargo Charter Trips by Foreign Air Carriers (Part tary Service Division., Operations: Semiannual Compilation. Office of Secretary, Public Reference Room. 212, Economic Regulations): Copies of Ap­ Interim Monthly Financial Reports of Air plications for, Filings in Connection There­ Carriers: Selective Summarization of In ­ with and Copies of the Authorizations. come Factors. Do. Tariff Matters------Bureau of Economics, Tariffs Section. Interim Quarterly Financial Reports of Air Agent Matters. Carriers: Selective Summarization of Alternate Agents’ Affidavits as to Dis­ Balance Sheet Factors, First Three Quar­ ability of Principal Tariff Publish­ ters. ing Agent. Supplemental Air Carrier Statistics: Quar­ Bureau of Accounts and Statistics, Sta­ Corporate Tariff Agents’ Designation terly Report of Traffic and Financial tistical Reports Section. of Issuing Officer. Data. Powers of Attorney (Issued by Car­ Votes of Board Members______——_ Office of Secretary, Minutes Section. (Re­ riers to Tariff Publishing Agents). Final Votes of Board Members in CAB quest to be made to Public Reference Proceedings. Room.)

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8797

A ppendix B private complainants, (c) civil complaint files tutes a general description of the Civil involving cases resulting in nonmonetary Aeronautics Board. More detailed in­ types of records generally excluded from penalties, and (d ) correspondence regard­ AVAIL ABILITY formation is available in Parts 385 and ing complaints or alleged violations of the 310 of this chapter and from other The following list contains by way of ex­ Federal Aviation Act not otherwise filed. ample those records which are “exempted sources listed herein. [F.R. Doc. 67-6895; Filed, June 20, 1967; records” under this part. The examples of 8:45 am .] § 384.2 General statement o f the Board’s exempted records are listed according to functions. the applicable subsections of 5 U.S.C. 1002(e). In general, the Board’s functions cen­ (1) Documents classified pursuant to Exec­ SUBCHAPTER E— ORGANIZATION utive Order No. 10501. Classified Board Min­ ter around the promotion and regulation REGULATIONS utes and classified exhibits in formal pro­ of domestic and international U.S. air ceedings. [Reg. OR—20] carrier operations and the operations of (2) Personnel rules and practices. Piles PART 384— STATEMENT OF ORGA­ foreign air carriers to and from the pertaining to the Board’s personnel. United States. The Board’s role in these Technical manuals and instructions per­ NIZATION, DELEGATION OF AU­ matters is economic, legal, and advisory, taining to the Board’s audit of carrier ac­ THORITY, AND AVAILABILITY OF whereas the physical and safety aspects counts. ' .. of aeronautics are the responsibility of (3) Material exempted by statute. Matter RECORDS AND INFORMATION the Department of Transportation and which heretofore has been exempt from pub­ Adopted by the Civil Aeronautics Board the National Transportation Safety lic disclosure under sections 902(f) and 1104 at its office in Washington, D.C., on the Board. The Civil Aeronautics Board is of the Federal Aviation Act, or by specific 14th day of June 1967. Board order will continue to be exempt. responsible for granting authorizations Such matters include carrier audit papers The Freedom of Information Act, Pub­ to carriers by air to engage in interstate, and correspondence relating thereto, and lic Law 90-23, 5 U.S.C. 552(a)(1), re­ overseas, and foreign transportation. It matters on which the Board has granted quires that the Board publish in the F ed ­ issues certificates to domestic air car­ a motion for nondisclosure pursuant to eral R egister a description of its organi­ riers authorizing them to engage in § 302.39 of its rules of practice. zation and functions, statements of the transportation by air within the United (4) Trade secrets and commercial or fi­ general course and methods by which its nancial information. Past or future matter States and between the United States submitted to the Board in confidence but functions are channeled and determined, and foreign countries, and permits to for which no formal request under § 302.39 and descriptions of forms available or the foreign air carriers for operations to and of the Board’s rules of practice has been places at which forms may be obtained. from the United States. It also author­ made and granted will be held in confidence Part 384 is a general statement of the izes the flight of foreign civil aircraft in by the Board to the extent deemed allow­ .Board’s functions and organization, with the United States for other purposes. able. No assurance of withholding material cross references to more detailed organi­ The Board is the repository of the tariffs is implied by this, however, and affected zational descriptions in the public CAB filed by the air carriers, and is respon­ persons should formally request withhold­ Manual, the delegations of authority in ing under § 302.39 where they deem it neces­ sible for supervising the rates and fares sary to protect their interests. Part 385 of this subchapter, and the pro­ charged the public for air transporta­ Examples of confidential matters under visions in Part 310 of this chapter, tion; it establishes rates for the carriage this subsection include carrier accounting adopted concurrently herewith, pertain­ of mail by air carriers; and it authorizes manuals, certain origin and destination ing to the availability for inspection and and pays subsidy to certain air carriers data, MAC rate information submitted in copying of Board material and records. where required for the development of an advance of MAC rate proceedings, materials Part 384 also describes the places at adequate air transportation system. The related to informal subsidy conferences, cer­ which forms used by the Board in deal­ tain conference materials and traffic statis­ Board passes on mergers, acquisitions tics submitted by IATA, and air carrier or ing with the public may be obtained. of control, interlocking relationships, ATA letters, information, or views used in Since this is a rule of agency organi­ agreements, and cooperative working developing U.S. positions in international zation and procedure, notice and public arrangements between air carriers, and aviation matters. procedure hereon are not required. The between air carriers and other aero­ (5) Inter /intra-agency memoranda. Board Board finds that the rule should be made nautical enterprises. It has jurisdiction Minutes involving items which are pending effective July 4, 1967, in order that the over unfair competitive practices of air and Minutes not approved. carriers and ticket agents selling air Reference or supporting material keyed Board may be in full compliance with to the Board Minutes. the Freedom of Information Act on its transportation, and is responsible for Copies of CAB decisions awaiting Presi­ effective date. the enforcement of applicable laws and dential action. In consideration of the foregoing, the regulations. Additionally, the Board Notation, Calendar, and For Information Civil Aeronautics Board hereby enacts regulates accounting practices of air Memoranda. new Part 384 of the Organization Regu­ carriers, and requires them to file regu­ Budget, Management, Program Evaluation, lations (14 CFR Part 384) effective July lar financial and operating reports with Records Disposal, Research, Planning, and 4, 1967, to read as follows: the Board. The Board also consults with Program files. and assists the Department of State in Internal memoranda on the Administra­ Sec. tive Conference of the United States. 384.1 Purpose. the negotiation of agreements with for­ Files regarding Board requisitions, equip­ 384.2 General statement of the Board’s eign governments for the establishment ment and space. functions. or development of air routes and Memoranda regarding Interagency Com­ 384.3 Persons and rules utilized by the services. mittees. Board. Intergovernmental communications on 384.4 Offices. § 384.3 Persons and rules utilized by the Loan Guarantee matters. 384.5 Public hearings. Board. Staff analyses not published by the Board. 384.6 Formal submissions. In carrying out its functions, the Civil ^Research and legislative reference files of 384.7 Organization and delegation of au­ Aeronautics Board utilizes: the General Counsel. thority. Memoranda and studies regarding Board 384.8 Availability of information and ma­ (a) The Board’s staff, which consists positions in international aviation matters. terials. of various specialized bureaus and offices, Developmental files, research materials, each dealing with a particular area in­ and workpapers. Au t h o r it y : The provisions of this Part volving air transportation and perform­ 384 issued under sec. 204(a), Federal Avia­ (6) Invasion of personal privacy. Corre­ tion Act of 1958, 72 Stat. 743; 49 U.S.C. 1324; ing administrative and technical work spondence and inquiries regarding Board for the Board, advising the Board, and personnel. Freedom of Information Act, 5 U.S.C. 552, 81 Stat. 54. performing duties for the Board inherent Individual personnel files and records. in its position in the organizational (") Law enforcement investigatory filet § 384.1 Purpose. i es of the Bureau of Enforcement or othe structure or which the Board has dele­ Dureaus regarding alleged violations of th This part, together with-Parts 385 and gated to It. The staff is described more Aviation Act; e.g., (a) formal am 310 of this chapter, is published in com­ fully in § 384.7. ormf;1 case ^es, (b ) consumer complain pliance with Public Law 90-23, section (b) Published rules, which are pub­ es which would disclose the identity o (a )(1 ), 5 U.S.C. 552(a) (1), and consti- lished in the F ederal R egister and codi-

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 No. ii 9----- 2 8798 RULES AND REGULATIONS fied in this Title 14 of the Code of Federal Policy Statements, in this chapter of principally in the licensing of air car­ Regulations. These rules may be in­ this Title 14 of the Code of Federal Regu­ riers and the maintenance of proper spected in the Board’s Public Reference lations. If the form of any document re­ competitive conditions among air car­ Room, or purchased from the Superin­ quired or permitted to be filed is not pre­ riers. Matters involving certificates, per­ tendent of Documents, Government scribed, such document shall be in letter mits, mergers, and exemptions for sched­ Printing Office. The published rules in­ form. Any other request t>f the Board of uled, supplemental, foreign, helicopter, clude : any kind shall be directed to the Secre­ and all-cargo air carriers, freight for­ (1) Procedural Regulations which gov­ tary. warders, and air taxi operators are han­ ern the formal and informal methods § 384.7 Organization and delegation of dled by the Bureau of Operating Rights. whereby persons dealing with the Board authority. (d) The Bureau of Economics, which can present information to the Board to is the ratemaking and economic re­ enable the Board to make the decisions The five Board Members, one of whom search and forecasting component of for which it is responsible under the is the Chairman and presiding officer, the Board. Staff work on commercial pas­ Federal Aviation Act of 1958 (49 U.S.C. act to carry out the duties and respon­ senger, baggage, and freight rates; serv­ 1301 et seq.). sibilities of the Civil Aeronautics Board ice mail rates; subsidy rates; and mili­ under the Federal Aviation Act. The (2) Substantive Economic Regula­ tary charter rates; and ascertainment Board’s staff is divided into several bu­ tions, which prescribe to those within and evaluation of economic data and reaus and offices, which are generally the Board’s jurisdiction various substan­ trends affecting commercial air trans­ described below. A detailed description tive and procedural requirements relat­ portation are the roles of this Bureau. of the Board and its components is pub­ ing to specific areas of air carrier opera-, lished in sections 110-195 of the CAB (e) The Bureau of Accounts and Sta­ tions. Manual, which is available for inspec­ tistics, which is responsible for devel­ (3) Statements of Policy, in which the tion and copying in the Public Reference oping and administering a fact-finding Board announces a trend it will develop Room at the Board’s offices. The vari­ facility adequate to support the Board’s or a future course of action it will follow ous delegations of authority from the economic regulatory program. This Bu­ in a particular area of decision; this Board to the different staff components reau is concerned with developing and policy is then used as a guide in deciding are described in detail in this Title 14 of administering uniform systems of car­ specific cases which reach the Board. the Code of Federal Regulations, Part rier accounts and reports; preparing ac­ (4) Special Regulations, which deal 385 of this chapter. Generally speaking, counting and statistical data for release with matters, and prescribe duties and the Board’s staff comprises: in the Board’s official publications; ad­ conduct for both air carriers and Board (a) The Office of the Executive Di­ ministering and operating the Board’s employees, which do not fall within the rector, which assists the Chairman in the automatic data processing facilities; and other Board regulations. discharge of his functions as executive generally operating as the Board’s ex­ (5) Organization Regulations, delegat­ and administrative head of the agency; pert arm in accounting and statistical ing matters to the Board’s staff and coordinates and directs the activities of matters, describing how the public may deal with the staff; and recommends and devel­ (f) The Bureau of Enforcement, which the Board in obtaining information. ops plans to achieve the Board’s pro­ is responsible for the development and § 384.4 Offices. gram objectives. Within the Office of the execution of programs to obtain com­ Executive Director are: pliance with the provisions of the Fed­ The central offices of the Civil Aero­ (1) The Office of Information, which eral Aviation Act of 1958 and of the reg­ nautics Board are located in the Uni­ is responsible for keeping the public and ulations, orders, and other requirements versal Building, 1825 Connecticut Avenue the air transport industry advised of ma­ promulgated by the Board. Both formal NW., Washington, D.C. Its mailing ad­ jor actions of the Board, and for serving and informal investigations of alleged dress is Civil Aeronautics Board, Wash­ as the primary channel through which or suspected violations of the Act and the ington, p.C. 20428. The Board’s Bureau inquiries from the public, the press, or Board’s regulations are conducted on the of Accounts and Statistics maintains the industry are answered. Bureau’s own initiative, or on the basis field offices in New York City and San (2) The Office of Community and Con­ of formal or informal complaints re­ Mateo, Calif. The hours of business for gressional Relations, which represents, ceived from the industry, the public, the Board offices are 8:30 a.m., to 5 p.m., the Board in dealing with representatives Congress, or other Government agencies. local time, Monday through Friday, ex­ of State and local communities and civic (g) The Bureau of International Af­ cluding legal holidays, unless otherwise groups; identifies community interests fairs, which advises the Board on the provided by statute or Executive order. and develops recommendations of Board formulation of positions to be taken by § 384.5 Public hearings. policies and actions relating thereto; and the United States on matters involving Public hearings and oral arguments maintains liaison between the Board and international air transport matters; before the Board on applications and Congress. serves as liaison between the Board and petitions in economic proceedings are (3) The Administrative Offices, under the Department of State and the Inter­ held at the time and place announced in the Assistant Executive Director for Op­ agency Group or International Aviation; the notice thereof which is served on the erations, which deal with personnel and and provides representation in connec­ parties to the proceedings and published security, management, finance, payroll, tion with international conferences and in the F ederal R e g ister . budgetary matters, and supplies and fa­ negotiations or discussions with foreign cilities. A Publications Section within countries on air transport matters. § 384.6 Formal submissions. these offices distributes the public docu­ (h) The Bureau of Hearing Exam in­ All formal submissions required or per­ ments issued by the Board. ers, which provides hearing examiners mitted to be made in economic proceed­ (b) The Office of the Secretary, which for the conduct of all formal proceed­ ings should be addressed to the Docket is responsible for the receipt, mainte­ ings under Titles IV and X of the Fed­ Section, Civil Aeronautics Board, Wash­ nance, and service of docket material; re­ eral Aviation Act, including those for ington, D.C. 20428, unless specifically pro­ cording and indexing of formal Board issuance of certificates of public con­ vided otherwise in the provision requir­ actions; processing of all documents evi­ venience and necessity concerning both ing or permitting such submission. Re­ dencing such action; maintenance of domestic and foreign operations, and is­ quirements as to the form and content of air carrier flight schedules, official suance of foreign, air carrier permits; such submissions are set forth in the mileage records, and records of air car­ mail, property, and passenger rate cases; Board’s Procedural Regulations in this rier operating authorities; and authenti­ mergers, acquisition of control, and inter­ chapter of this Title 14 of the Code of cating Board records for any official pur­ locking relationships; and economic Federal Regulations. Other instructions poses. Pursuant to the Federal Aviation enforcement cases. concerning the use of forms, and the Act of 1958, the Secretary has legal cus­ (i) The Office of the General Counsel, scope or content of material required or tody of records and documents as which is responsible for advising the permitted to be filed or maintained are specified therein. Board, its staff, industry representatives, set forth in the Board’s Economic, Spe­ (c) The Bureau of Operating Rights, and the public on legal aspects of the cial, and Procedural Regulations, and its which is the Board component involved Board’s regulatory activities; represent-

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8799 ing the Board in litigated matters; as­ the list of forms, which is subject to Sec. sisting attorneys in other offices and change and is therefore not published 385.8 Exercise of authority in “acting” ca­ bureaus as required; representing the herein, and the forms themselves are pacity and redelegation. 385.9 Effective date of delegations and pro­ Board in negotiations and at conferences available from the Board’s Publications cedures. where legal matters are involved; and Section. representing the Board on Government - (f) Various other materials and rec­ Subpart B— Delegation of Functions to Staff committees and committees of interna­ ords are available at specific offices with­ Members tional organizations. in the Board as specified in Part 310 of 385.10 Delegation to Chief Hearing Exam­ this chapter. iner, Bureau of Hearing Examiners. § 384.8 Availability of information and 385.11 Delegation to the Hearing Examin­ materials. By the Civil Aeronautics Board. ers, Bureau of Hearing Examiners. 385.12 Delegation to the Executive Director. The Board publishes a regulation in [ s e a l ] H arold R. S a n d e r so n , 385.13 Delegation to the Director, Bureau Part 310 of its Procedural Regulations in Secretary. this chapter concerning the availability of Operating Rights. [F.R. Doc! 67-6897; Filed, June 20, 1967; 385.14 Delegation to the Chief, Rates Divi­ for inspection and copying of Board 8:45 a.m.] sion, Bureau of Ecônomics. orders, opinions, and records. That regu­ 385.15 Delegation to the Chief, Tariffs Sec­ lation states in detail what information is tion, Rates Division, Bureau of available at the Board, and what records [Reg. OR-19] Economics. 385.16 Delegation to the Chief, Local Serv­ may be inspected, and discusses the use PART 385— DELEGATIONS AND RE­ of the Board’s Public Reference Room. ice Division, Bureau of Economics. Generally speaking: VIEW OF ACTION UNDER DELEGA­ 385.17 Delegation to the Director, Bureau of TION; NONHEARING MATTERS Accounts and Statistics. (a) The Board maintains a Public 385.18 Delegation to the Chief, Regulations Reference Room in which are kept copies Adopted by the Civil Aeronautics and Reports Division, Bureau of of Board opinions (including concurring Board at its office in Washington, D.C., Accounts and Statistics. and dissenting opinions), orders, regu­ on the 14th day of June 1967. 385.19 Délégation to the General Counsel. lations, rules of practice, statements of 385.20 Delegation to Associate General This part has heretofore contained Counsel, Rules and Rates Division. policy, and interpretations of general ap­ only delegations of authority made by plicability, the Public Index to Board 385.21 Delegation to Associate General the Board to the staff pursuant to Reor­ Counsel, Routes Division. materials, the CAB Manual, certain fi­ ganization Plan No. 3 of T961 (26 F.R. 385.22 Delegation to the Director, Bureau of nancial reports and data filed by air car­ 5989). The Board is hereby revising and Enforcement. riers, and copying facilities. The records amending it for the purpose of incor­ Subpart C——Procedure on Review of Staff Action of the proceedings in formal cases are porating therein various delegations kept in the Board’s Docket Section. The 385.50 Persons who may petition for review. pursuant to sections 202(a) and 204(a) 385.51 Petitions for review. Board’s Library maintains legal refer­ of the Federal Aviation Act governing ence books, regulatory commission re­ 385.52 Effective date of staff action. actions of routine character. A new del­ ports, texts, and treaties on air trans­ 385.53 Review by the staff. egation authorizes the Executive Direc­ 385.54 Decision by the Board. port and other transport economics, and tor to receive and act upon appeals by a wide variety of other books and pub­ A u t h o r it y : The provisions of this Part 385 the public from staff denials of access to lications concerning civil air transport issued under sec. 204(a), 72 Stat. 743; 49 Board records under Part 310 of this and related fields. U.S.C. 1324. Interpret or apply sec. 1001, 72 chapter. Stat. 788; 49 U.S.C. 1481; Reorganization (b) The regulations, policy statements, Plan No. 3 of 1961, 26 F.R. 5989. and rules of practice of the Board are The principal effect of the revision is published in this Title 14 of the Code to permit a staff member to take, when Subpart A— General Provisions of Federal Regulations. They may also be necessary, immediate action under dele­ § 385.1 Definitions. inspected and copied in the Board’s gated authority with respect to matters Public Reference Room, or purchased which are governed by prior Board “Board” means the Civil Aeronautics from the Superintendent of Documents, precedent and policy and to specify that Board. Government Printing Office. the filing of a petition for review with “Petition for review” means a petition (c) The CAB Manual is a book of rules the Board shall not preclude the action asking the Board to exercise its discre-. and instructions to the Board’s staff on from becoming effective. A timely peti­ tionary right of review of staff action. how to deal with various matters involv­ tion for review with respect to such an “Staff action” means the exercise of a ing the Board’s business with the public. action which is hot received by the Board function of the Board by a staff member It also contains a detailed description of or acted upon before the effective date pursuant to delegation under this part. the Board’s organization and the re­ of the action will be entertained and dis­ “Staff members” means officers and sponsibilities of each staff component. posed of on its merits as a petition for employees of the Board who receive.dele- The CAB Manual may be inspected and reconsideration. gated authority under this part. copied in the Board’s Public Reference Since the amendments contained in Room. this revision are not substantive rules § 385.2 Applicability. (d) The Publications Section period­ but rules of agency organization and This part describes the organization of ically prepares a list of Board documents procedure, notice and public procedure the Board insofar as, pursuant to au­ and publications which have been dupli­ hereon are not required, and the amend­ thority conferred on it by sections 202(a) cated and are available to the public. ments may be made effective immedi­ and 204(a) of the Federal Aviation Act Items offered for sale are available from ately. and Reorganization Plan No. 3 of 1961, the Superintendent of Documents, Gov­ In consideration of the foregoing, the 26 F.R. 5989, the Board has delegated any ernment Printing Office, or other in­ Civil Aeronautics Board hereby revises of its functions of making orders or other dicated sources on payment of a charge Part 385 of the Organization Regulations determinations which are not required therefor. A list of available publications (14 CFR Part 385) as follows, effective to be made on an evidentiary record upon and free single copy items is available June 21,1967: notice and hearing or which are not the irom the Publications Section upon re­ subject of contest* and the Chairman has quest. The weekly “Notice of Applications Subpart A— General Provisions assigned Board personnel to perform or Amendments Thereto” and certain Sec. such functions. This part also sets forth other publications are available to per­ 385.1 Definitions. the procedures governing discretionary sons submitting written request therefor 385.2 Applicability. review by the Board of action taken un­ Payment of any prescribed fees to 385.3 Scope of staff action. der such delegations. the Publications Section. 385.4 Form of staff action. 385.5 Procedures prescribed in other regu­ § 385.3 Scope o f staff action. ^ °t forms (described and iden- lations. Applications for relief which, pur­ tified by number) which the Board uses 385.6 Referral to the Board. in dealing with the public is available in 385.7 Exercise of authority by superiors or suant to this part, may be granted by the Board’s Public Reference Room. Both the Board. staff members under delegated authority,

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8800 RULES AND REGULATIONS

and proceedings on such requests shall Board shall not be applicable to decisions tions)) when such dismissal is requested be governed by applicable rules in the made under authority delegated herein or consented to by the applicant or com­ same manner as if no delegation had or to Board decisions made upon review plainant, or where such party has failed been made (see § 385.5). In such pro­ thereof. to prosecute such application or com­ ceedings, each staff member may de­ § 385.6 Referral to the Board. plaint; (2) dismiss proceedings upon his termine any procedural matters which finding that the proceeding has become may arise, including, inter alia, service When the staff member finds that the moot or that no further basis for contin­ of documents on additional persons; public interest so requires, or that, with uation exists; and (3) dismiss an appli­ filing of otherwise unauthorized docu­ respect to other than matters requiring cation subject to dismissal as stale under ments; waivers of procedural require- immediate action as hereafter specified, § 302.911 of Part 302 of this chapter meQts; requests for hearing; requests there will be insufficient time for discre­ (Rule 911 of the rules of practice). for additional information; dismissal tionary Board review of his decision upon petition, he shall, in lieu of exercising § 385.11 Delegation to the Hearing Ex­ of applications upon the applicant’s aminers, Bureau of Hearing Exam­ request, moot applications, or incomplete the delegated authority, submit the mat­ iners. or otherwise defective applications; and ter to the Board for decision. In any case extensions of time. Such determinations, in which the staff member finds that im­ The Board hereby delegates to the except those which would terminate the mediate action is required with respect Hearing Examiners, Bureau of Hearing matter, shall be subject to review only to any matter delegated herein, the dis­ Examiners, the authority to take the in connection with Board review of the position of which is governed by prior following actions in matters to which staff member’s decision on the merits. Board precedent and policy, the staff they are respectively assigned: The dismissal of incomplete or otherwise member may take appropriate action and (a) Grant or deny intervention in for­ defective applications under authority specify that the filing of a petition for mal proceedings. set forth in this part shall be without review shall not preclude such action § 385.12 Delegation to the Executive Di­ prejudice except where under otherwise from becoming effective. rector. applicable law the time for making ap­ § 385.7 Exercise o f authority hy supe­ plication has run out or where the defect The Board hereby delegates to the riors or the Board. Executive Director the authority to re­ is not corrected within a reasonable ceive and determine appeals by the public time fixed by the staff member. Under Any delegation of authority to a staff from staff action withholding a Board the authority delegated to the staff as member below the rank of Bureau or record from inspection or copying, pur­ set forth in this part to approve,. dis­ Office Head shall also be deemed to be suant to Part 310 of this chapter. approve, grant, or deny, relief may be made, severally, to each of such staff granted or denied in part and grants may member’s superiors in the respective Bu­ § 385.13 Delegation to the Director, Bu­ be made subject to lawful and reason­ reau or Office. In accordance with the reau o f Operating Rights. Board’s principle of management re­ able conditions. Moreover, where ap­ The Board hereby delegates to the Di­ plicable, the authority to grant relief sponsibility in the Bureau or Office Head, the superior may choose to exercise the rector, Bureau of Operating Rights, the also includes authority to renew or authority to: extend an existing authorization. delegated power himself in any case. Moreover, the Board may at any time it­ (a) (1) Approve or deny applications § 385.4 Form of staff action. self exercise any authority delegated of certificated route air carriers for ex­ emptions to serve a point certificated on Unless otherwise specified in the dele­ herein. one segment of its route in place of a gation, staff action shall be by order or § 385.8 Exercise of authority in “act­ point certificated on another segment of informal writing (letters, telegrams, de­ ing” capacity and redelegation. its route whenever no substantial compe­ cision marked on copy of application tition to other lines will result, and to form, etc.). Such orders or informal Unless the delegation provides other­ perform single flights outside the au­ writings shall contain a recital that wise, staff members serving in an “act­ thority contained in the certificate. This action is taken pursuant to delega­ ing” capacity may exercise the authority authority may not be redelegated. tion, shall, in cases where there are delegated to the staff members for whom “parties or interveners,” or where there they are acting and staff members to (2) Approve, when no person disclos­ may be an adverse effect upon a person whom authority is delegated may re­ ing a substantial interest protests, or with a substantial interest, contain a delegate such authority to members of deny applications of certificated route brief reference to the right of aggrieved their staffs. air carriers for exemptions to perform parties to petition the Board for review any other operation prohibited by a term, § 385.9 Effective date o f delegations and condition or limitation in a certificate. pursuant to applicable procedural rules, procedures. including a statement of the time within This authority may not be redelegated. The delegations and procedures set which petitions must be filed (§ 385.51); (3) Approve or disapprove Airport No­ shall state whether the filing of a peti­ forth in this part shall be effective upon tices which indicate an intention to serve publication in the F ederal R eg ister . tion shall preclude the action from regularly a point through any airport not becoming effective; and shall be in the regularly used by a holder of a certificate Subpart B— Delegation of Functions of public convenience and necessity; and name of the person exercising the dele­ to Staff Members gated function. They shall contain all grant or deny requests for an effective date earlier than 30 days subsequent to findings, determinations and conclusions § 385.10 Delegation . to Chief Hearing which would be required or appropriate Examiner, Bureau of Hearing Exam­ filing such Airport Notice. if they were issued by the Board. Upon iners. (b) Approve or disapprove nonstop request, the Secretary shall attest as notices which indicate an intention to The Board hereby delegates to the Board action orders or informal writings inaugurate a scheduled nonstop service Chief Examiner, Bureau of Hearing Ex­ issued pursuant to this part which have between any two points nonconsecutively aminers, the authority to: become the action of the Board named in the certificate of public con­ (§ 385.52). (a) Consolidate, upon recommenda­ venience and necessity; and grant or tion of the Director, Bureau of Economics deny requests for an effective date earlier § 385.5 Procedures prescribed in other (or such staff member of the Bureau of than 20 days subsequent to the filing of regulations. Economics as he may designate), into such Nonstop Notice. Approval may be Procedures set forth in this part shall one proceeding cases involving the in­ granted if such nonstop service is not not supersede procedures applicable to vestigation of a tariff or of complaints found: (1) To be adverse to the public matters on which decision has been concerned with related tariffs. interest; or (2) to involve a substantial delegated unless otherwise specifically (b) With respect to matters to be de­ deviation from the shortest course be­ provided herein: Provided, however, cided after notice and hearing: (1) Dis­ tween such points as determined by the That any provisions in other regulations miss applications or complaints (except route described in the certificate; or (3) which provide for reconsideration of those falling under Subpart B of Part 302 to involve a schedule designated for the nonhearing determinations made by the of this chapter (Procedural Regula­ transportation' of mail where the m -.

FÉDÉRAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8801 auguration of such service on such dates carriers for authority to effect temporary (r) With respect to consolidations, would be prohibited pursuant to the pro­ or seasonal changes in service patterns; mergers, purchases, leases, operating visions of section 405(b) of thé Act. (2) Approve, when no person disclos­ contracts, and acquisitions*of control: (c) Approve or disapprove issuance of ing a substantial interest protests, or (1) Grant or deny applications for foreign aircraft permits provided for in disapprove such applications to effect exemption from section 408 of the Act; §§ 375.41, 375.42, and 375.70 of this chap­ any other changes in service patterns; and ter (Special Regulations). (3) Revoke, modify, or renew, prior (2) Grant or deny pursuant to the (d) Approve or disapprove applica­ approval of (i) temporary or seasonal third proviso of section 408(b) of the tions for operating authority filed pur­ changes, or (ii) in the absence of pro­ Act applications for approval of transac­ suant to Parts 296 and 297 of this chap­ test by third persons disclosing a sub­ tions which are found not to affect the ter (Economic Regulations) ; and by stantial interest, any other changes in control of an. air carrier directly engaged letter to dismiss any such application service patterns; and in the operation of aircraft in air trans­ provided that the applicant is given prior (4) Dismiss applications for changes portation, not to result in creating a notice that his application will be dis­ in service patterns when such dismissal monopoly, and not to tend to restrain missed, if, in appropriate cases he does is requested by the applicant, or when the competition. not, within 30 days, file information nec­ application is moot. (s) Grant or deny an air carrier au­ essary to complete the processing of his (n) In respect of temporary suspen­ thority to conduct a specific charter op­ application, or file a tariff. sion of service: (1) Approve or disap­ eration, other than a MAC operation, prove applications filed under Part 205 (e) Approve or deny applications for in overseas or foreign air transporta­ of this chapter (Economic Regulations) approval of relationships prohibited by tion, imposing such conditions as ex­ for authority to temporarily suspend §§ 296.45 and 297.36 of this chapter clusion of one-way passengers or limita­ service; (2) revoke or modify orders au­ (Economic Regulations). tions on payments for labor in arranging thorizing the temporary suspension of (f) Grant or deny requests by air the charter; and approve or disapprove service; (3) dismiss applications to tem­ minor changes prior to flight date in freight forwarders for permission to de­ porarily suspend service when such dis­ viate from the documentation require­ charters previously authorized by order missal is requested by the applicant, or (e.g., changes regarding flight dates, de­ ments of § 296.70 of this chapter (Eco­ when such application is moot. nomic Regulations). Such requests will parture or landing points, aircraft, per­ (o) Approve, when no person disclos­ sons authorized for one-way passage, be granted upon a due showing that the ing a substantial interest protests, or dis­ record retention system of the forwarder intermingling of passengers, or substitut­ approve applications filed under § 203.2 ing another carrier in cases of emer­ permits ready access to information of this chapter (Economic Regulations) otherwise required on a manifest; that gency). by air carriers certificated to engage in (t) Waive the provisions of § 377.10(c) the name of the person determining rates foreign air transportation to a general and charges, together with the com­ of this chapter (Special Regulations) area, for authority to effect changes in with respect to the time for filing appli­ modity rate applied, appears on the air- approved service plans. waybill; that the forwarder will provide cations for the renewal of temporary (p) With respect to section 412 con­ authorizations, so as to permit their copies of airwaybills to the consignor or tracts and agreements: consignee when either so requests; and filing within shorter periods than re­ (1) Approve contracts or agreements,quired by that section when, in his that the recordkeeping operations of the or modifications, terminations, or can­ forwarder otherwise comport with the judgment, the public interest would be cellations thereof, filed by air carriers thereby served: Provided, That the in­ policy set forth in Or3er E-19074 of De­ under section 412 of the Act, except: cember 7,1962. terim extension provisions of § 377.10(d) (1) Those which are concerned with- of this chapter shall, if otherwise pert­ (g) Cancel any operating authority the establishment of rates, fares, or upon the filing by a domestic or inter­ inent, apply to authorizations involved charges; or national Air Freight Forwarder- of a in applications filed pursuant to such (ii) Those protested by a person dis­ written notice with the Board indicating waivers. closing a substantial interest and which the discontinuance of common carrier are concerned with (a) standardization § 385.14 Delegation to the Chief, Rates activities. of equipment; (b) schedules; (c) sub­ Division, Bureau of Economics. (h) Approve or disapprove interchange stantial limitations on competition; or The Board hereby delegates to the schedules. Approvals may be granted (d) interchange of equipment and Chief, Rates Division, Bureau of Eco­ when such schedules appear to conform “Trackage rights”; or nomics, the authority to: to the service plan contemplated by the (iii) Those protested by a person dis­ Board’s orders approving the basic in­ (a) In the absence of a protest from closing a substantial interest and which terchange agreements. a person disclosing a substantial inter­ are industrywide or substantially indus­ (i) Approve or deny applications for est, effect issuance of final orders with trywide in effect, other than those on respect to International Air Transport authorization to conduct off-route char­ which there are clear Board precedents, Association (LATA) agreements filed ter trips filed pursuant to Part 212 of this or which do not involve substantial ques­ chapter (Economic Regulations). with the Board pursuant to section 412 tions of policy. of the Act or pursuant to Board Order (j) Approve or disapprove applications (2) Disapprove contracts or agree­ E-9305 of June 15, 1955, as follows: of certificated helicopter carriers re­ ments, or modifications, terminations, or questing amendments of Flight Patterns (1) Disclaiming jurisdiction with re­ cancellations thereof, filed by air car­ spect to LATA agreements which do not operated under the carriers’ area exemp­ tion authorizations. riers under section 412 of the Act, except affect air transportation within the those involving the establishment of policy set forth in Order E-12304, dated (k) Approve or disapprove application rates, fares, or charges. March 31, 1958. of air carriers or foreign air carriers fc (3) Terminate matters relating to con­ (2) Disposing of IATA agreements re­ permission to do business in names othe tracts and agreements (except those than those authorized pursuant to reg lating to specific commodity rates as uiation or order of the Board. concerning rates, fares, or charges) follows: . which, prior to review thereof, have ex­ (i) Approving or disapproving agree­ (l) Issue revised operating authoriza pired, been terminated, or been ions and Exemption Orders when revi ments within an area which name addi­ superseded. sions thereof are made necessary due t tional rates under commodity descrip­ (q) With respect to interlocking re­ a change in name of the carrier specifiei tions for which rates are currently in lationships: (1) Grant or deny applica­ effect in that area and have been ap­ r1 the document: Provided, That n tions for approval of interlocking rela­ &sue of substance concerning the oper proved by the Board. tionships filed under section 409(a) of ating authority of a carrier is involvec (ii) Approving or disapproving agree­ the Act; (2) dismiss applications for ap­ ments which readopt rates which are (m) in respect of service patterns: proval of interlocking relationships currently in effect and which have been Approve or disapprove all applica where the termination of the interlock­ approved by the Board, except where re­ tions filed under § 202.4 of this chapte ing relationship in question has been validation of the basic commodity rate (Economic Regulations) by local servic effected. structure is proposed.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8802 RULES AND REGULATIONS

(iii) Approving, disapproving, or ap­ (f) Issue show cause orders propos­ the effective date of an order requiring proving subject to condition to insure ing (1) to establish service mail rates for its cancellation or modification. proper tariff publication, agreements air taxi operators, and (2) to make modi­ (g) Extend the period of suspension which amend commodity descriptions fications of a technical nature in the of a tariff under suspension when the under which rates are currently in effect, mail rate formula applicable to tempo­ proceedings concerning the lawfulness consistent with Part 221 of this chapter rary or final service mail rate orders. of such tariff cannot oe concluded before (Economic Regulations). (g) Issue final orders establishing tem­ the expiration of the existing suspension (iv) Approving or disapproving agree­ porary or final service mail rates in those period: Provided, That the aggregate of ments which name rates under com­ cases where no objection has been filed such extensions may not be for a longer modity descriptions not currently in ef­ following release of the show cause or­ period than permitted under section fect where the description does not der, and where the rates established are 1002(g) of the Act. conform to Part 221 of this chapter the same as those proposed in the show (h) Approve or disapprove applica­ (Economic Regulations). cause order. tions filed under section 403(b) of the (v) Approving or disapproving agree­ § 385.15 Delegation to the Chief, Tariffs Act and § 223.8 of this chapter (Eco­ ments which relate to specific commodity Section, Rates Division, Bureau o f nomic Regulations) for permission to. rates under new descriptions,< except Economics. furnish free or reduced rate air transpor­ tation in overseas or foreign air trans­ where new descriptions are a part of a The Board hereby delegates to the portation. proposed basic commodity rate struc­ Chief, Tariffs Section, Rates Division, ture. Bureau of Economics, the authority to: (i) Grant or deny to a certificated all­ (3) Approving or disapproving amend­ (a) Reject any tariff, supplement, or cargo air carrier an exemption, pursuant atory agreements which do not directly revised page which is filed by any U.S. to section 416(b) (1), from the provisions affect air transportation, involving ad­ air carrier or by any foreign air carrier, of sections 401 and 403(b) insofar as justment in agreed fares and rates or and which is subject to rejection because said sections would prevent such carrier specification of additional fares and it is not consistent with section 403 of the from providing transportation to per­ rates to be integrated into the previously Act or with Part 221 or 222 of this sons between points in its certificate on approved overall structure. chapter (Economic Regulations). Where regularly scheduled cargo flights for the purpose of collecting data for prepara­ (4) Approving or disapproving agree­ a tariff, supplement, or loose-leaf page tion of feature news, pictorial, or like ments reached by unprotested notice is filed on more than 60 days’ notice and articles provided that: pursuant to the following creative fares is not rejected within the first 30 days resolutions: Resolution 084 (TCI, JT23) , commencing with and counting the filing (1) The transportation is limited to and Resolution 084a (JT31). date, it shall not be rejected after such the writer, journalist, or photographer engaged in the preparation of data for (5) Approving or disapproving agree­ 30-day period under this delegated au­ use in feature news, pictorial, or like ments adopted by unprotested notices thority unless the issuing carrier or articles which are to appear in news­ pursuant to the provisions of Resolutions agent is given an opportunity to remove papers or trade magazines and which 014a and 014b, which prescribe the con­ the cause for rejection by the effective will publicize the regularly scheduled struction rules for passenger fares and date, upon Special Tariff Permission if cargo operations of the carrier: cargo rates respectively. necessary, and fails to take such correc­ tive action. (2) The exemption shall be granted (6) Approving or disapproving agree­ (b) Approve or disapprove any appli­ only upon the condition that the all­ ments proposing delays in inaugurals. cation for permission to make tariff cargo air carrier shall collect from each (b) Grant or deny air carriers au­ changes upon less than statutory notice, person transported not less than the low­ thority to conduct MAC charter opera­ filed pursuant to § 221.190 of this chap­ est fare in effect by carriers authorized tions in air transportation, imposing ter (Economic Regulations). to transport persons in regularly'sched­ conditions, and approve or disapprove (c) Approve or disapprove applica­ uled passenger service between the points changes prior to flight in M ATS char­ tions for waiver of Part 221 of this involved. ters previously authorized, such as chapter (Economic Regulations) in ac­ (j) Grant or deny to a carrier an ex­ changes regarding flight data, departure cordance with § 221.201 of this chapter. emption and/or one extension thereof, or landing points, aircraft, persons au­ (d) Permit cancellation of a tariff in pursuant to section 416(b) (1), from the thorized for one-way passage, inter­ instances when an investigation of a provisions of section 403(b) insofar as mingling of passengers, or substituting tariff is pending, or the tariff is under the latter section would prevent the car­ another carrier in case of emergency. suspension, or when a complaint request­ rier from providing free transportation (c) Upon the application of any per­ ing investigation or suspension of a tariff- for the purposes of engaging in technical son or upon his own initiative, change the has been filed. in-flight observations necessary or desir­ classification of any station for purposes (e) In instances when an investigation able for meteorological purposes or in of the multielement service mail rate of a tariff is pending, or the tariff is other cases substantially similar to cases formulas applicable to the transporta­ under suspension, or where a complaint previously acted upon by the Board, pro­ tion of airmail and nonpriority mail requesting investigation or suspension vided that: whenever the total revenue tons of all of a tariff has been filed, dismiss the (1) The free transportation is limited traffic enplaned at the station during investigation or complaint, or terminate to technical personnel regularly engaged the most recent 12-month period bring it the suspension, provided the tariff to in duties directly related to the purposes within a different class, according to the which such investigation, complaint or for which the free transportation is au­ following schedule: suspension relates has been canceled, thorized and is provided only when they Revenue tons all ordered canceled, modified so as to re­ are engaged in the specific technical traffic enplaned move the grounds for the investigation in-flight activity and does not include Class of stations: per year or complaint, or has expired. other transportation; A ______- __ 7,000 and over. (f) Institute an investigation of, or (2) The exemption or the subsequent B _____ ;______750-6,999. institute an investigation and suspend single extension thereof shall be for a C______60-749. period not to exceed 6 months; and D ______59 or less. 1 the effectiveness of, a tariff or change in a tariff which: (3) The exemption shall be granted (d) Approve or disapprove applica­ (1) Is substantially similar to a prior only upon the condition that the carrier tions requesting relief from requirements tariff under investigation or suspension; file with the Board, within 10 days after of Board orders that carriers file data and the close of each month, during which relating to experience under new rates (2) Is filed by or on behalf of one or the exemption is in force, the name oi and fares. more of the carriers party to. the prior each person provided free transportation (e) Approve or disapprove applica­ tariff; and thereunder, his company affiliation and tions for permission to furnish free or (3) Is filed within 90 days after the the dates, flights, and points between reduced-rate interstate air transporta­ expiration, modification, or cancellation which such free transportation was tion to travel agents. of the prior tariff, or within 90 days after provided.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8803

6 385.16 Delegation to the Chief, Local Bureau of Accounts and Statistics, the by the General Counsel pursuant to the Service Division, Bureau of Econom­ authority to take any or all of the follow­ delegation contained in § 385.19(a), ics. ing actions in administering the account­ pending Board determination of review The Board hereby delegates to the ing report or record-retention regulation proceedings instituted thereon, whether Chief, Local Service Division, Bureau of of Part 249 of this chapter (Economic by petition or upon order of the Board. (Such a notice is not subject to the Economics, the authority to: Regulations): (a) Issue orders effectuating profit (a) Extend, with the concurrence of review procedures of Subpart C of this sharing determinations pursuant to the the Director, Bureau of Enforcement, the part.) local service class subsidy rates in any time period for the preservation of rec­ (d) Approve or disapprove, for good case in which there is final agreement ords relating to errors, oversales, ir­ cause shown, requests to extend the time between the staff and the carrier for regularities, and delays in handling of for filing comments on proposed new or which the determination is made and no passengers, § 249.13(f)- of this chapter amended economic or procedural regu­ novel fundamental issues are involved. (Category No. 303(a) of the Schedule lations. (b) Issue letters disposing of eam- of Records to Part 249 of the Economic § 385.21 Delegation to Associate Gen­ ings-deficiency matters pursuant to the Regulations). eral Counsel, Routes Division. local service class subsidy rates in cases (b) Grant or deny individual requests The Board hereby delegates to the where the amount of the earnings-defi- for extension of time for filing reports. ciency for the particular period involved Associate General Counsel, Routes Divi­ § 385.19 Delegation to the General has no impact on profit sharing for the sion, the authority to: Counsel. carrier for any other period. (a) Issue Certificates of Public Con­ (c) Issue final orders establishing The Board hereby delegates to the venience and Necessity and Foreign Air temporary or final subsidy rates in those General Counsel the authority to: Carrier Permits when revisions thereof cases where no objection has been filed (a) Issue proposed or final regulations are necessitated by a change in the name following release of the show cause or­ for the purpose of making editorial of the carrier or of points specified in der, and where the rates established are changes or corrections in the Board’s the certificate or permit: Provided, That the same as those proposed in the Board- rules and regulations, with the concur­ no issue of substance concerning the approved show cause order. rence of the bureaus or staff offices pri­ operating authority of a carrier is in­ marily responsible for the parts or sec­ volved. § 385.17 Delegation to the. Director, tions involved: Provided, That any final Bureau o f Accounts and Statistics. (b) Issue revised Certificates of Public regulation so issued shall have an effec­ Convenience and Necessity or orders The Board hereby delegates to the Di­ tive date not less than 20 days after its authorizing temporary suspension of rector, Bureau of Accounts and Statis­ date of publication in the F ederal R eg­ service in cases where the Board has tics, the authority to: ist e r , and shall include a brief reference previously authorized a certain carrier (a) Waive any of the accounting, re­ to the review procedures established in to serve a particular point in substitu­ porting, and record-retention require­ Subpart C of this part. tion for another carrier, after proper ments as warranted, to meet temporary (b) Where a petition for review is duly showing has been made that such a or local conditions. filed, reverse any rule making action transfer of service has or will be com­ (b) Interpret the Board’s accounting, taken by him pursuant to paragraph (a) pleted on a specified date. reporting, and record-retention require­ of this section by withdrawing a proposed (c) Issue revised Certificates of Public ments. This authority may not be re­ or final regulation issued thereunder, in Convenience and Necessity where a delegated. which case the petition for review will certificate previously issued has not yet (c) Establish detailed standard ac­ not be submitted to the Board'. (Such a become effective and it is necessary to counting, reporting, and record-reten­ withdrawal is not subject to the review reflect changes subsequently made in tion practices required to achieve con­ procedures of Subpart C of this part.) such certificates in another proceeding formance with regulations promulgated (c) Issue, upon request therefor, inter­ which have become effective. by the Board. pretations of facts bearing upon dis­ (d) Issue revised Certificates of Public (d) Grant or deny with the concur­ qualification of former Board members Convenience and Necessity to local serv­ rence of the General Counsel, the Di­ and employees under § 300.13 or § 300.14 ice carriers for new route authorizations rector, Bureau of Economics, and the of this chapter (Procedural Regulations), where the Board lias previously with­ Director, Bureau of Operating Rights, and to grant or deny requests for leave held issuance of such certificates pending requests for confidential treatment of to represent anyone in a Board proceed­ completion of any ancillary rate pro­ preliminary yearend financial reports. ing or matter under . § 300.15 of this ceedings that may be found necessary, (e) Grant or deny requests by air car­ chapter. after such proceedings have been satis­ riers for substitution of their own forms (d) Issue orders deferring action until factorily completed. or adaptation of Board forms to meet after oral argument on motions sub­ special needs where Board approval of mitted by parties subsequent to the is­ § 385.22 Delegation to the Director, Bu­ such forms is required by the Economic suance of an Examiner’s initial or rec­ reau of Enforcement. Regulations. ommended decision. The Board hereby delegates to the (f) Establish classification of aircraft (e) Settle claims for money damages Director, Bureau of Enforcement, the types for reporting financial data and of $1,000 or less against the United States authority to: traffic capacity statistics. arising under the Federal Tort’ Claims (a) Compromise any civil penalties (g) Prescribe, in specific instances, dif­ Act from acts or omissions of Board being imposed for economic violations. ferent passenger weight standards to ap­ employees. (b) Issue orders initiating informal proximate variations in actual experi­ nonpublic investigations by the Bureau ence, for reporting passenger ton-miles § 385.20 Delegation to Associate Gen­ eral Counsel, Rules and Rates Divi­ of Enforcement under Part 305 of this and available ton-miles. chapter (Procedural Regulations). (h) Require submission by carrier ol sion. special statements necessary to an ex­ The Board hereby delegates to the As­ Subpart C— Procedure on Review of planation of any carrier accounting oi sociate General Counsel, Rules and Rates Staff Action reporting practice. Division, the authority to: § 385.50 Persons who may petition for •iv? dismiss petitions for Board actior (a) Grant or deny any motion made with respect to accounting and report­ by an air carrier association pursuant to review. ing matters when such dismissal is re­ § 263.3 of this chapter (Economic Regu­ Petitions for review may be filed by the quested or consented to by the petitioner lations) for leave to participate in a applicant; by persons who have availed Board proceeding in which no formal themselves of the opportunity, if any, to § 385.18 Delegation to the Chief, Regu- hearing is held. participate in the matter at the staff ac­ r*l<*nS an<^ Reports Division, Bureau (b ) . Call public meetings in pendingtion level; and by persons who have not of Accounts and Statistics. rule making proceedings. had opportunity to so participate or ®°ard hereby delegates to the (c) Issue a notice suspending the ef­ show good and sufficient cause for not niei, Regulations and Reports Division, fective dates of final regulations issued having participated: Provided, That

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8804 RULES AND REGULATIONS such persons, other than the applicant, for review is filed or the Board gives and will not be subject to petitions for disclose a substantial interest which notice that it will review on its own reconsideration. would be adversely affected by the re­ motion, staff action shall, without further By the Civil Aeronautics Board. spective staff action. proceedings, be effective and become the action of the Board upon the expiration [ s e a l ] H arold R . S and er so n, § 385.51 Petitions for review. of such period. A timely petition for Secretary. (a) Time for filing. Petitions for re­ review filed in accordance with the pro­ [F.R. Doc. 67-6896; Filed, June 20, 1967; view shall be filed and served within ten visions of this section, or notice given 8:45 a.m.] (10) days after the date of the staff ac­ by the Board of review on its own motion, tion to which they relate, but a different shall stay the staff action pending dis­ period may be fixed in such staff action position by the Board, unless the Board [Reg. OR-21] consistent with effective preservation of determines otherwise or unless the staff PART 389— FEES AND CHARGES FOR the right to petition for discretionary action provides otherwise in accordance SPECIAL SERVICES Board review and the exigencies of the with Subpart A of this part. However, in situation. cases where the Board’s regulations pro­ Adopted by the Civil Aeronautics (b) Contents. Petitions for review shall vide that permissions or approvals are Board at its office in Washington, D.C., demonstrate that (1) a finding of ma­ granted, or that other legal effects re­ on the 14th day of June 1967. terial fact is clearly erroneous; (2) a sult, within a stated period from the The fees and charges for special Board legal conclusion is contrary to law, Board filing with the Board of a prescribed services are here being adjusted to reflect rules, or precedent; (3) a substantial and document, unless the Board gives notice costs which will be incurred in providing important question of policy is involved; to the contrary or takes other action facilities for the copying of Board rec­ (4) a prejudicial procedural error has within said period, such notice given or ords pursuant to the Freedom of Infor­ occurred; or (5) the staff action is sub­ actiorf taken by a staff member under mation Act, 5 UJS.C. 552(a) (2), (3), (4). stantially deficient on its face. The peti­ delegated authority shall toll the running The copying of documents will be done tion shall briefly and specifically state of such period. A timely petition for re­ by the Board itself, or in appropriate the alleged grounds for review and the view of staff action which is not stayed cases by a non-Government contractor. relief sought. If persons who participated by its filing which is received after or The fee for photocopying by the Board, at the staff action level set forth any new not acted upon before .the effective date including handling, will be at the rate of facts, arguments, or other new matter, of the action shall be entertained and 35 cents per page, with a minimum an explanation must be furnished as to disposed of on its merits as a petition charge of $1 exclusive of postage. The why said matter was not previously ad­ for reconsideration. fee for work done by a non-Government duced at the staff action level. In the contractor will be established in the con­ absence of a valid explanation, the Board § 385.53 Review by the staff. tract with the Board. Apart from the may disregard such new matter. Where a petition for review is duly filed, copying charges, Part 389 remains un­ (c) Form and filing. Petitions shall the staff member may, upon considera­ changed. comply with the form and filing require­ tion of all documents properly filed, re­ Part 389, as here amended, is being ments of §§ 302.3 (a ), (b), and (c), and verse his decision. Except in the case reissued so that the current regulation 302.4 of this chapter (Board’s rules of of hearing examiners, action taken by a will be available to the public in a single practice in Economic Proceedings) . Peti­ staff member other than a bureau direc­ document. For the present, Part 389, as tions shall not exceed 10 pages in length. tor or office head may be reversed by the amended, does not assess any fee for A greater length, however, may be speci­ respective bureau director or office head those situations where a member of the fied in the staff action taken. The peti­ who is in the supervisory chain of com­ public desires to inspect a record but tions shall be accompanied by proof of mand with respect to the staff member does not wish to purchase a copy thereof. required service. However, persons who who took the initial action. If the initial However, if the Freedom of Information seek review of a civil penalty proposed action is reversed, the petition for review Act results in a significant volume of by the Director, Bureau of Enforcement will not be submitted to the Board. Staff additional work burden, the Board may pursuant to § 385.22(a) may submit their action reversing the initial action shall then consider the imposition of a charge request therefor by letter to the Board, be subject to petition for Board review in such situations. with a copy to the Director, Bureau of as any other staff action. Since this regulation is a rule of agency Enforcement, and need not comply with practice and procedure, notice and public the above form and filing requirements. § 385.54 Decision by the Board. procedure hereon are not required. The (d) Service. A petition filed by a per­ (a) Decline of right to review. If the Board finds that the rule should be made son other than the applicant shall be Board declines its right to exercise dis­ effective July 4, 1967, in order that the served on the applicant. Petitions shall cretionary review, the staff action stayed Board may be in full compliance with also be served on any persons who have by the petition for review shall become the Freedom of Information Act on its served documents on the petitioner at effective on the second business day fol­ effective date. the staff action level, and on such other lowing the date of service of the Board’s Accordingly, the Board hereby amends persons as may be directed by the Board order, unless the order provides other­ and reissues Part 389 of the Organization or the staff member who took the action wise. Regulations (14 CFR Part 389), effective to be reviewed. (b) Exercise of right to review. The July 4, 1967, to read as follows: (e) Answers. The applicant and such Board will exercise its discretionary right Sec. other persons as disclose a substantial of review either upon petition or on its 389.1 Policy and scope. interest which would be adversely af­ own motion if two or more Board Mem­ 389.2 Services available. fected by the relief sought in the peti­ bers so desire. The Board may by order 389.3 Payment of fees and charges. tion may, within ten (1C) days after fil­ provide for interlocutory relief pending 389.4 Fees for services. ing the petition, file an answer thereto. its decision on the merits and may limit 389.5 Copying records and documents. 389.6 Certification of copies of documents. A different period for the filing of the issues on review. It may affirm, mod­ 389.7 Board publications. answers may be fixed in the staff action. ify or set aside the staff action, may order 389.8 Transcripts of hearings. Such answers shall comply with the form the matter remanded, or may order fur­ and filing requirements applicable to ther submittals or other proceedings A u t h o r it y : The provisions of this Part 389 issued under sec. 204(a), Federal Avia­ petitions and shall be served on the ap­ before making its decision on the merits. tion Act of 1958, 72 Stat. 743; 49 U.S.C. 1324; plicant and any other person who has In case the Board affirms the staff ac­ Title V of Act of Aug. 31, 1951, 65 Stat. 268; theretofore served a document in the tion, staff action stayed by the petition 5 U.S.C. 140; Freedom of Information Act, matter on such respondent. for review shall become effective on the 81 Stat. 54; 5 U.S.C. 552. second business day following the date § 385.52 Effective date of staff action. of service of the Board’s order, unless § 389.1 Policy and scope. Unless, within the time provided by or the order provides otherwise. Decisions Pursuant to policies established by the pursuant to this regulation, a petition by the Board under this part are final Congress, the Government’s costs for

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8805 special services furnished to individuals Board will be certified only when such Cc) Reciprocal services. Arrangements or firms who request such services are to copies have been made under the Board’s may be made for furnishing publications be recovered by the payment of fees. supervision upon request of the appli­ to a foreign country on a reciprocal basis. (Title V of Independent Offices Appro­ cant. Charges for this service are as fol­ § 389.8 Transcripts of hearings. priation Act of 1952; 5 U.S.C. 140.) This lows; Certification of the Secretary, $2. part sets forth the special services made This fee includes clerical services in­ Transcripts of testimony and oral ar­ available by the Board and the fees volved in checking the authenticity of gument are furnished by a non-Govern- therefor. records to be certified, and shall be pre­ ment contractor, and may be purchased paid with the request. If copying of the directly from the reporting firm. § 389.2 Services available. documents to be certified is required, the By the Civil Aeronautics Board. Upon request and payment of fees as copying charges provided for in § 389.5 provided in subsequent sections, there will be in addition to the charges speci­ Es e a lI H arold R . S a n d e r s o n , are available, with respect to documents fied in this section. Secretary. subject to inspection, services as follows: [F.R. Doc. 67-6898; Filed, June 20, 1967; § 389.7 Board publications. (a) Copying records and documents. 8:45 a.m.] (b) Certification of copies of docu­ (a) Charges for subscriptions. Charges ments under seal of the Board. are established for subscriptions; to Board Cc) Subscriptions to publications of publications for which there are regular the BoardL mailing lists. Publications available, and Title 7— AGRICULTURE (d) Transcripts of hearings. charges therefor, are described in the Chapter Vttt— Agricultural Stabiliza­ "List of Publications” available on re­ § 389.3 Payment o f fees and charges. quest to the Board’s Publications Section tion and Conservation S e rvice The fees charged for special services B-22, Washington, D.C. 20428. This list (Sugar), Department of Agricufture may be paid by check, draft, or postal and the charges therein are subject to SUBCHAPTER B— SUGAR REQUIREMENTS money order, payable to the Civil Aero­ revision at least annually and without AND QUOTAS nautics Board, except for charges for re­ prior notice. Subscriptions to publica­ porting services which are performed un­ tions are for calendar year terms and all [Sugar Reg. 814.5, Arndt. SJ der competitive bid contracts with non- subscriptions expire on December 31 of PART 814— ALLOTMENT OF SUGAR Government firms. Fees for reporting are each year. Subscriptions to weekly or QUOTAS, MAINLAND CANE SUGAR payable to the firms providing the monthly publications for periods of less services. than a full calendar year will be pro­ AREA T967 § 389.4 Fees for services. rated on a monthly basis. Quarterly pub­ lications will be prorated on a quarterly Basis and purpose. This amendment is Except for photocopy work, the basic basis. No provision is made for refund fees set forth below provide for docu­ issued under section 205(a) of the Sugar upon cancellation of subscription by a Act of 1948, as amended (61 Stat. 926 ments to be mailed with ordinary first- purchaser. Payment for subscriptions in class postage 'prepaid. If copy is to be as amended), hereinafter called the the form prescribed in § 389.3 shall ac­ “Act”, for the purpose of amending Sugar transmitted by registered,, certified, air, company the subscription order. or special delivery mail, postal fees there­ Regulation 814.5, Amdt. 2 <32 F.R. 6188) (b) Free services. No charge will be which established allotments for the for will be added to the basic fee. Also, if made by the Board for notices, decisions, special handling or packaging is re­ Mainland Cane Sugar Area for the cal­ orders, etc., required by law to be served endar year 1967. quired, costs therefor will be added to on a party to any proceeding or matter the basic fee. For photocopy work, post­ This amendment is necessary to sub­ before the Board. No charge will be made stitute final data for estimated data on age will be in addition to the fee for for single copies of Board publications copying. 1966 crop sugar production, 1966 sugar individually requested in person or by marketings and January I, 1967, sugar § 389.5 Copying records and documents. mail, except where a charge is specifi­ inventories on the basis of data which cally fixed for a publication at the time Copies of public records and documents have become a part of the official records of its issuance. In addition, subscriptions on file with the Civil Aeronautics Board, of the Department, give effect to Sugar to Board publications will be entered as it may be practicable to- furnish, will Regulation 811, Amdt. 8, effective June without charge when one of the follow­ be provided upon request therefor and 9, 1967 which established the Mainland ing conditions is present: payment of fees as set forth below: Cane Sugar Area Quota at 1,134,667 (a) Copies of documents are made by (1) The furnishing of the service short tons, raw value, a quantity 34,667 Board facilities* or by non-Govemment without charge is an appropriate cour­ tons greater than the quantity previously contractors. tesy to a foreign country or international established and to establish allotments (b) The fee for photocopying, includ­ organization; of the entire Mainland Cane Sugar Area ing handling, will be at the rate of 35 C2> The recipient is engaged hi a Quota on the basis of such final data and cents per page. nonprofit activity designed for the public increased quota. (c) A minimum fee of $1 excluding safety, health, and welfare in the field In accordance with paragraphs (5), Postage will be charged for this service. of civil aeronautics; (6 ) , and (8) of the findings and con­ Cd) H ie fee for copying by non­ C3> The recipient is another Govern­ clusions set forth in SJt. 814.5, Amdt. 2 government contractors will be that es­ ment agency. Federal, State, or local, (32 F.R. 6188), and pursuant to para­ tablished in the contracts with the Board concerned with aeronautics or having a graph (e) of such regulation, paragraph and will be billed directly by such legitimate interest in the proceedings and (7) of such findings and conclusions is contractors. activities of the Board; amended to read as follows: § 389.6 Certification o f copies o f docu­ (4) The recipient is a college or uni­ (7) The quantity of sugar and the per­ ments. versity; centages referred to in paragraph (5) (5) The recipient-does not fall into The Secretary of the Board will pro­ above, reflecting final data on 1966 crop any of the foregoing categories, but free vide, on request, certification or valida­ processings, 1966 marketings and Jan­ service or service at a reduced rate is tion (with the Civil Aeronautics Board determined by the Board to be appropri­ uary 1,1967, inventories, for determining seal) of documents filed with or issued by ate in the interest of and contributing 1967 allotments are set forth in the fol­ the Board. Copies of tariffs filed with the to the Board’s program. lowing table:

FEDERAL REGISTER, VOL. 32 NO. T T9*— WEDNESDAY, JUNE 21, 1967 No. ii9------8 , 8806 RULES AND REGULATIONS

Processings of Average quota Ability to market Processors basic sugar » marketings * allotment4

New-crop Measures used Processor’s quota marketings adjusted allotment,* Processor Short Percent Short Percent Effective Percent Short short tons, tons, raw of total tons, raw of total inven­ Average Shares Col. (6) Percent of total tons, raw raw value value value tory Jan. 1964- of dif­ plus of total value 1, 1967 66 ference * col. (7)

JShort tons, raw value

(1) (2) (3) (4) (5) . (6) (7) (8) (9) (10) (H) (12)

10,454 0.858 10,703 1.017 1,137 9,396 7,340 8,477 0.747 0.868 9,843 9,655 Albania Sugar Co...... -...... —— .757 .857 9,718 Alma Plantation, Ltd------10,407 .854 10,192 .968 760 10,014 7,823 8,583 9,533 14,935 11,667 11,667 1.028 1.165 13,218 12,966 J. Aron & Co., In c ..------13,653 1.121 15,113 1.436 0 9,943 .816 10,212 .970 2,680 7,852 6*134 8,814 .777 .839 9,514 9,333 Billeaud Sugar Factory...... —...... 8,812 Breaux Bridge Sugar Co-op...... 9,427 .774 8,754 .832 2,723 7,137 5.575 8,298 .731 .777 8,644 Wm. T . Burton Industries, Inc— ...... 6,515 .535 8,923 .848 651 4,983 3,893 4.544 .401 .571 6,978 6,845 5,648 .464 5,677 .539 479 4,973 3,885 4,364 .385 .463 , 5,250 5.150 Caire & Graugnard...... 1.724 19,550 20,234 Cajun Sugar Co-op., Inc— ------20,234 1.661 19,462 1.849 20,234 38 30 20,264 1.786 13,792 1.132 12,816 1.217 909 12,605 9,768 10,677 .941 1.111 12,599 12,359 Caldwell Sugars Co-op., Inc...... 7,764 .684 .735 8,335 8,176 Columbia Sugar C o...... 9,007 .739 8,152 .774 2,060 7,302 6.704 Cora-Texas Manufacturing Co., Inc------9,242 .759 7,176 .682 6,222 3,213 2,510 8,732 .770 .746 8,461 ■ 8,300 1.150 1.269 14,391 14,117 Dugas & LeBlanc, Ltd------15,477 1.271 14,545 • 1.382 2,165 13,924 10,877 13,042 10,964 .900 10,133 .963 1,079 9,821 7,672 8,751 .771 .887 10,060 9,868 Duhe & Bourgeois Sugar Co...... 465 .553 6,270 6.150 Erath Sugar Co., L td .------6,483 .532 7,416 .704 647 5,927 4,630 5,277 23,894 1.962 22,130 2.102 2,369 21,756 16,995 19,364 1.707 1.939 21,988 21,569 Evan Hall Sugar Co-op., Inc...... 2,448 .216 .249 2,824 2,770 Frisco Cane Co., Inc------3.066 .252 2,846 .270 533 2,452 1,915 16,864 1.385 15,663 1.488 1,673 15,438 12,060 13,733 1.210. 1.371 15,548 15,251 Glenwood Co-op., Inc------.989 1.079 12,237 12,004 Helvetia Sugar Co-op., Inc------— 13,331 1.094 11.855 1.126 2,431 11,253 8,790 11,221 19,486 1.600 19,621 1.864 6,766 13,437 10,496 17,262 1.521 1.637 18,564 18,210 Iberia Sugar Co-op., Inc------1.430 1.574 17,849 17,509 Lafourche Sugar C o ...... -...... —- 19,270 1.582 17.855 1.696 2,936 17,017 13,293 16,229 15,763 1.294 16, 524 1.569 2,163 12,392 9,680 11,843 1.044 1.299 14,730 14,449 Harry L. Laws & Co., Inc------.932 1.110 12,594 12,354 Levert-St. John, Inc...... 13,061 1.072 14,736 1.400 0 13,537 10.575 10,575 5,610 .461 4,449 .422 2,128 4,021 3,141 5,269 .464 .454 5,149 5,051 Little Texas, In c .:.____ !------10.482 .924 1.004 11,386 11,169 Louisa Sugar Co-op., Inc..------12,180 1.000 11,553 1.097 2,901 9,705 7,581 l .362 .331 3,753 3,681 Louisiana State Penitentiary...... 4.066 .334 3,057 .290 2,557 1,987 1,552 4,109 10,963 .900 10,400 .988 8,907 3,103 2,424 11,331 .999 .937 10,625 10,422 Meeker Sugar Co-opy Inc------...... 9,025 .796 .873 9,900 9,711 Milliken & Farwell, In c ...... 10,726 .881 9,727 .924 1,770 9,288 7,255 17,198 1.412 15,733 1.494 2,983 14,819 11.576 14,559 1.283 1.403 15,911 15,608 M. A. Patout & Son, Ltd...... 764 8,664 8,499 Poplar Grove Planting & Refining Co...... 9,200 .765 9,161 -- .870 2,395 6,915 6,402 7,797 .687 1.358 2,197 13,709 10,709 12,906 1.138 1.266 14,357 14,083 Savoie industries------15,563 1.278 14,297 19,625 21,760 1.786 17,333 1.646 13,314 9,361 7,312 20,626 1.818 1.764 20,006 St. James Sugar Co-op., Inc------1.118 1.252 14,198 13,927 St. Mary Sugar Co-op., Inc------15,320 1.258 14,378 1.366 1,921 13,782 10,766 12,687 62,843 5.159 71,445 6.787 45,965 12,183 9,517 55.482 4.890 5.431 61,589 60,415 4.043 11,513 24)523 19,156 30,669 2.703 3.233 36,663 35,964 Southdown, Inc..;------38,242 3.140 42,560 25,562 28,226 2.317 25,938 2.464 4,729 24,047 18,785 23,514 2.073 2.298 26.059 Sterling Sugars, Inc------7 .001 .205 2,325 2,281 Sunshine Processing Co., Inc------2,859 .235 3,363 .319 0 9 7 .546 1,468 4,144 3,237 4,705 .415 .469 5,318 5,217 J. Supple’s Sons Lumber & Shingle Co------5,626 .462 5,747 9,745 10,208 .838 12,891 1.224 439 8,769 6,850 7,289 .642 .876 9,934 .527 821 5,263 4,111 4,932 .435 .495 5,613 5,506 e;i57 .505 5,543 9,867 10,813 .888 10,133 .963 1,906 9,330 7,288 9,194 .810 .887 10.059 A . Wilbert’s’Sons Lumber & Shingle Co----- 6,095 .537 .600 6,803 6,673 Young’s Industries, In c ...----;------7,135 .586 7,429 .706 2,088 5,129 4,007 42.537 47.365 537,645 528,452 Louisiana subtotal------570,676 46.852 565,641 53.730 170,619 399,389 311,988 482,607 35,375 58 45 35,420 3.122 2.918 33,090 33,535 34,590 2.840 31,031 2.947 17,956 20,833 1.710 12,054 1.145 17,209 4,085 3,191 20,400 1.798 1.614 18,305 Glades County “Sugar Growers Co-op. 44,967 46,409 3.810 33,874 3.218 47,435 0 0 47,435 4.181 3.766 42,707 1,360 1,062 64,817 4.831 4.250 48,198 50,959 52,766 4.332 36,056 3.425 63,755 75,458 81)977 6.730 66,975 6.362 75,944 9,708 7,584 83f 528 7.362 6.783 76,925 3 2 117,867 10.389 9.383 106,409 111,734 115,600 9.491 84| 763 8.052 117,865 49,901 51,769 4.250 27,444 2.607 52,639 129 101 52,740 4.648 4.001 45,376 239,753 21.132 19.920 225,912 221,605 United States Sugar*Corp— ------243,421 19.985 194,907 18.514 209,175 39,144 30,578 651,960 57.463 52.635 596,922 606,115 Florida subtotal------647,365 53.148 487,104 46.270 609,397 54,487 42,563 354,551 1,134,567 100.000 100.000 1,134,567 1,134,567 Total all mainland cane------■---- 1,218,041 100.000 1,052,745 100.000 | 780,016 453,876

i The higher of either the production of sugar from the 1966 crop sugarcane or 85 determined for each individual processor by multiplying the percentage in Col. (10) percent of the average production for the 1964 and 1965 crops of sugarcane. times the quota, less 100 tons reserved for Louisiana State University, and subtracting • Average annual quota marketing for each processor for years he had such market­ therefrom the amount shown in Col. (11). „ ..... ing during the period 1964 through 1966. a on • Basic allotments in Col. (11) which were less than the respective processors • The difference between 1,134,567 tons (quota for 1967 established by S.R. 811, Jan. 1, 1967, effective inventories were increased by a total of 16*000 short ton3» Si' Arndt 8, less 100 tons reserve for Louisiana State University) and the total Jan. 1, value, and such basic allotments of other processors (those having Jan. l, 1967 effective inventories for all processors amounting to 780,016 tons. This difference effective inventories not in excess of their basic allotments) were reduced propor- of 354,551 tons prorated on the basis of each processor’s average 1964-66 new-crop tionately as necessary to make total adjusted allotments equal to the quotajn short tons, raw value, less 100 tons set aside for Louisiana State University, upwaru m^Column (10) was determined by weighting “ processings” Col, (2) by 60 percent, adjustments in allotments (not to exceed a total of 16,000 tons) were made, nret Dy “ marketings” Col. (4) by 20 percent, and “ ability" Col. (9) by 20 percent. Column increasing the allotment of any processor having a Jan. 1, 1967, physical invento y (11) was determined by multiplying the quota, less 100 tons reserved for Louisiana in excess of his basic allotment to the extent of such excess; and second, ther«mama State University, by Column (10) and revising such resulting allotments by addmg of the 16,000 tons was prorated to increase the allotments of other processors navu s 500 tons to the allotment of Wm. T . Burton Industries, Inc., and reducing propor­ Jan. 1,1967, effective inventories in excess of their basic allotments in a manner tionately by a total of 500 tons the allotments of processors who were recipients of permitted each affected processor to market the same percentage, but not more deficit reallocations in 1966 as provided in finding (5)(o). Such reduction can be 100 percent, of his Jan. 1, 1967, effective inventory.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8807

Pursuant to provisions of section. larger than the allotments established in § 908.506 Valencia Orange Regulation 205 (a) of the Act and in accordance with S.R. 814.5, Arndt. 2 (32 F R . 6188). To 206. paragraph (e) o f § 814.5 of this chapter, afford adequate opportunity to plan and ***** paragraph (a) of such § 814.5 is amended to market the additional quantities of (b) Order. (1) * * * to read as follows: sugar in an orderly manner, it is impera­ m District 1: 361,000 cartons; § 814.5 Allotment o f the 1967 sugar tive that this amendment becomes ef­ (ii) District 2 : 589,000 cartons. quota for the mainland cane sugar fective as soon as possible. Accordingly, * * * * * it is hereby found that compliance with area. (Secs. 1-19, 48 Stat. 31» as amended; 7 the 30-day effective date requirement of U.S.C. 001-674) (a) Allotments. The 1967 sugar quota 5 U.S.C. 553 (80 Stat. 378) is impracti­ for the Mainland Cane Sugar Area of cable and contrary to the public interest Dated: June 16,1967. 1,134,667 short tons, raw value, is hereby and consequently, this amendment shall P a u l A. N ic h o l s o n , allotted to the following processors in be effective upon publication in the . Deputy Director, Fruit and the quantities which appear opposite F e d e r a l R e g is t e r . Vegetable Division, Consumer their respective names: and Marketing Service. Allotments Signed at Washington, D.C, this 15th ( Short tons, day of June, 1967. [FJÏ. Doc. 67-6942; Filed, June 20, 1967; Processors raw value) 8:46 a.m.] E . A. J a e n k e , Albania Sugar Co_.______9,655 Alma Plantation, Ltd______9, 533 Acting Administrator,, Agricul­ [Lemon Reg. 271, Arndt. 1) J. Aron & Go., Inc______12, 966 tural Stabilization and Con- Billeaud Sugar Factory______9,333 • servation Service. PART 9T0— LEMONS GROWN IN Breaux Bridge Sugar Oo-op______8, 644 [FJES. Doc. 67-6901; Filed, June 20, 1967; CALIFORNIA AND ARIZONA Wm. T.. Burton Industries, Inc___ 6,845 8:45 a.m.} Caire & Graugnard______5,150 Limifafion of Handling Cajun Sugar Co-op., Inc______20, 234 Findings. (I ) Pursuant to the mar­ Caldwell Sugars Co-op., Inc____ _ 12, 359 Columbia Sugar Co______8,176 Chapter IX— Consumer and Market­ keting agreement, as amended, and Or­ Cora-Texas Manufacturing Co., ing Service (Marketing Agreements der No. 910, as amended (7 CFR Part In c .------LJ------8, 800 and Orders; Fruits, Vegetables, 910), regulating the handling of lemons Dugas & LeBlanc, Ltd______* 14,1 1 7 grown in California and Arizona, effec­ Dube & Bourgeois Sugar Co______9,868 Nuts), Department of Agriculture tiv e under the applicable provisions of Eratb Sugar Co., Ltd______6,150 (Valencia Orange Reg. 206, Arndt. 1 ] the Agricultural Marketing Agreement Evan Hall Sugar Co-op., rnc____ 21,569 Act of 1937, as amended (7 U.S.C. 601- Frisco Cane Co, Inc______i, 2,770 PART 908— V A L E N C IA ORANGES Glenwood Co-op., Inc___r . 1___ _ 15,251 674), and upon the basis of the recom­ Helvetia Sugar Co-op., Inc______12,004 GROWN IN ARIZONA AND DES­ mendations and information submitted Iberia Sugar Co-op., Inc___._____ 18,210 IGNATED PART OF CALIFORNIA by the Lemon Administrative Commit­ Lafourche Sugar Co_____ i ______1 7 , 509 tee, established under the said amended Harry L. Laws & Co., Inc______14,449 Limitation of Handling marketing agreement and order, and up­ Levert-St. John, Inc______12,354 on other available information, ii is Findings. (1) Pursuant to the market­ Little'Texas, Inc______5,051 hereby found that the limitation of Louisa Sugar Co-op., Inc___. _ 1 1 ,169 ing agreement, as amended, and Order handling of such lemons, as hereinafter Louisian» State Penitentiary____ 3,681 No.. 908, as amended (7 CFR Part 908), provided, will tend to effectuate the de­ Louisiana State University-_____ 100 regulating the handling of Valencia or­ clared policy of the act. Meeker Sugar Co-op, Inc______10,422 anges grown in Arizona and designated Milliken & Harwell, Inc______9, 711 (2) It is hereby further found that it part of California, effective under the M. A. Patout & Son, Ltd______15, 608 is impracticable and contrary to the applicable provisions of the Agricultural Poplar Grove Planting & Refining public interest to give preliminary no­ Co. ------.™ ;------_------8 499 Marketing Agreement Act of 1937, as tice, engage in public rule-making pro­ Savoie Industries____■______i 4> 083 amended (7 U.S.C. 601-674), and upon cedure, and postpone the effective date St. James Sugar Co-op, Inc____ * 19,625 the basis of the recommendation and of this amendment until 30 days after St. Mary Sugar Co-op, Inc____ Jr1 13,927 information submitted by the Valencia South Coast Corp______60,415 publication hereof in the F ederal R eg­ Orange Administrative Committee, es­ Southdown, Inc______35, 954 ist e r (5 U.S.C. 553) because the time in­ tablished under the said amended mar­ Sterling Sugars, Inc______25, 562 tervening between the date when infor­ keting agreement and order, and upon Sunshine Processing Co, Inc____ 2, 281 mation upon which this amendment is J. Supple’s Sons Planting Co, Tnc. 5 , 217 other available information, it is hereby based became available and the time Valentine Sugars, Inc______g, 745 found that the limitation of handling of when this amendment must become ef­ Vida Sugars, Inc___, ______5 , 506 such Valencia oranges, as hereinafter fective in order to effectuate the declared A. Wilbert’s Sons Lumber & provided, will tend to effectuate the de­ Shingje Co------_------9,867 policy of the act is insufficient, and this clared policy of the act. Young’s Industries, Inc______6,673 amendment relieves restriction on the (2) It is hereby further found that it handling of lemons grown in California Louisiana su b to tal™ _____ 528, 552 is impracticable and contrary to the pub­ and Arizona. lic interest to give preliminary notice, Atlantic Sugar Association______Order, as amended. The provisions in 33,535 engage in public rule-making procedure, paragraph (b)(1) (ii) of §910.571 Florida Sugar Corp______17,956 Glades County Sugar Growers. and postpone the effective date of this (Lemon Reg. 271,32 F.R. 8364) are here­ amendment until 30 days after publica­ Co-op,, Association______44,967 by amended to read as follows: Osceola Farms Co______3 tion thereof in the F ederal R eg ister (5 50,959 § 910.571 Lemon Regulation 271. South Puerto Rico Sugar C o, Inc I 75,458 U.S.C. 553) because the time intervening Sugarcane Growers Co-op, of between the date when information upon ***** Florida______I I I , 734 which this amendment is based became (b) Order. (1) * * * Talisman Sugar Corp______49, 901 available and the time when this amend­ (Ü) District 2: 474,300. United States Sugar Corp______221, 605 ment must become effective in order to ***** Florida subtotal___^______606,1 1 5 effectuate the declared policy of the act (Secs. 1—19, 48 Stat. 81, as amended; 7 is insufficient, and this amendment re­ U.S.C. 601-674) lieves restriction on the handling of Total, all mainland cane.__1, 134, Dated: June 16, 1967. Valencia oranges grown in Arizona ***** and designated part of California. P a u l A . N ic h o l s o n , 20? ' tS8, ~ 932; 7 U.S.C. 1153. secs. : Deputy Director, Fruit and Veg­ ^ at' 926, m «Boendeil, 928, Order, as amended. The provisions in amended; 7 U.S.C. 1115 , liift) paragraph Cb> fl> (i) and (ii> of § 903.- etable Division, Consumer 506 (Valencia Orange Regulation 206, and Marketing Service. ^ a ^e - Allotments established 32 F.R. 8363) are hereby amended to read [F-R. Doc. 67-6943; Filed, June 20, 1967; this order for all processors are as follows: 8:46 a jn .)

FEDERAL REGISTER, VOt. 32, NO. 1T7— WEDNESDAY, JUNE 21, 1967 8808 RULES AND REGULATIONS

provide that the requirements of the not possible to comply with the require­ Title 23— HIGHWAYS AND Regulations for Preventing Collisions at ments of the statutes enumerated in sea, 1960, the Inland Rules, the Great sections 360 and 1052, Title 33, United VEHICLES Lakes Rules, and the Western River States Code. Rules as to number, position, range of Chapter II—-Vehicle and Highway Further, I do find that it is feasible visibility, or arc of visibility of lights to locate the said navigation light as Safety require to be displayed by vessels shall follows: [Docket No. 15] not apply to any vessel of the Navy when (a) The forward 20-point white light PART 255— INITIAL FEDERAL MOTOR the Secretary of the Navy shall find or shall be carried at a height of 26 feet certify that, by reason of special con­ or more above the hull. VEHICLE SAFETY STANDARDS struction, it is not possible for such ves­ Further, I certify that such locations Appendix A— Interpretations sel or class of vessels to comply with the statutory provisions as to naviga­ constitute compliance as closely with O verall W id t h an d S t e e r in g C o n t r o ls tion lights. the applicable statutes as I hereby find In response to inquiries for inter­ A recent study indicates that the mili­ to be feasible. pretation of Federal Motor Vehicle Safe­ tary design characteristics of the Auxil­ Section 706.2 is amended by: ty Standards Nos. 108 (32 F.R. 2411) iary Aircraft Transport (AVT) preclude 1. Adding “AVT (Auxiliary Aircraft and 204 (32 F.R. 2414), under the au­ the installation of the forward 20-point Transport)” in Table 1 under “AIR­ thority of sections 103 and 119 of the white light (Masthead light) as required CRAFT CARRIERS”; and National Traffic and Motor Vehicle Safe­ by Rule 2(a) of the Regulations for 2. Revising the introductory para­ ty Act of 1966 (15 U.S.C. 1392, 1407) and Preventing Collisions at Sea (33 United graph of note 3; the delegation of authority of March 31, States Code, Sec. 1062(a)). to read as follows: 1967 (32 F.R. 5606), as amended April 6, I hereby certify that these Auxiliary 1967, the following interpretations have Aircraft Transports (AVT) are naval § 706.2 Certifications o f the Secretary of been formulated and adopted by the vessels of special construction and, with the Navy under 33 U.S.C. 360 and 1052. National Highway Safety Bureau for the respect to the position on such vessels of guidance of the public and are hereby the forward 20-point white light, it is * * * * * published in the F ederal R egister in ac­ T able One cordance with 5 U.S.C. 552(b).

Issued in Washington, D.C., on June 15, Distance in feet of Distance in feet be­ 1967. the forward 20- low minimum re­ Ratio of horizontal point white light quired vertical sep- to vertical separa­ Minimum distance L o w e l l K . B r id w e l l , below minimum eration between tion of the two 20- horizontally in feet Federal Highway Administrator. required height forward and after point white lights between forward Vessel class or type (based on require­ 20-point white (based on Inter­ and after 20-point M otor V ehicle Safety Standard N o. 108 ments of Inter­ lights (based on re- national Rule 2(a) white lights national Rule quiremenrs of In­ (iii) which requires LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED 2(a) (iii)) ternational Rule ratio 3.0 to 1) EQUIPMENT--- MULTIPURPOSE PASSENGER VEH I­ 2(a) (iii)) CLES, TRUCKS, TRAILERS, AND BUSES, 80 OR MORE INCHES WIDE OVERALL * * * * * * * * * * * * # * * AIRCRAFT CARRIERS: The term “overall width” refers to the * * * * * * * * * # * * * * * * nominal design dimension of the widest part A V T (Auxiliary Aircraft 14 or less______None...... -...... 3.0 or greater to t„. 45 or greater. of the vehicle, exclusive of signal lamps, Transport). marker lamps, outside rearview mirrors, flex­ ible fender extensions, and mud flaps, de­ * * * * * * * * * * * * * * * termine with doors and windows closed, and • * * • the wheels in the straight-ahead position. This supersedes the interpretation of the term “overall width” appearing in the F ed­ eral R egister of Marce l, 1967 (32 F.R. 3390). 3. On aircraft carriers (CVA and CVS) and aircraft carrier types (LPH, T-AKV, and AVT), the following additional variations exist: M otor V ehicle Safety Standard N o. 204 * * * * * steering control rearward displacement— (Sec. 1, 59 Stat. 590, Sec. 2, 77 Stat. 194, 33 U.S.C. 360,1052) PASSENGER CARS P a u l H . N itze , When conducting the barrier collision test, Secretary of the Navy. a driver dummy may be used without meas­ Ju n e 14, 1967. uring the impact force developed on the [F.R. Doc. 67-6923; Filed, June 20,1967; 8:45 a.m.] chest. In the event that the vehicle impacts the barrier at a velocity not less than 30 miles 1. The boundaries of the Ouachita per hour nor more than 33 miles per hour, Title 43— PUBLIC LANDS: National Forest are hereby adjusted to the displacement of the steering column include the following described lands: may be corrected to 30 miles per hour by means of the following formula: INTERIOR A r k a n s a s Chapter II— Bureau of Land Manage­ FIFTH PRINCIPAL MERIDIAN ment, Department of the Interior T. 2 S., R. 30 W., [F.R. Doc. 67-6954; Filed, June 20, 1967; APPENDIX— PUBLIC LAND ORDERS Sec. 6, WV&Ei/fcNE^, W ]4NE% , S W ^ , NW% NE%SE%, NWi/4SEi/4, N y2NX/2NE%SWy4 8:47 a.m.] [Public Land Order 4228] SE]4, N W & S W ^ S E ^ ; [ES—2430 (Ark.), New Mexico 1583 (Okla.)] Sec, 7, W ‘/2NWi/4NE)4, N i/2N W %SW %NE NE]4NW ]4, E ‘/2NWy4NWy4, N&NE1/4 Title 32— NATIONAL DEFENSE ARKANSAS AND OKLAHOMA SW&NW&, N&N1/2SE&NW&. O k l a h o m a Chapter VI— Department of the Navy Boundary Adjustment; Ouachita INDIAN MERIDIAN SUBCHAPTER B— NAVIGATION National Forest PART 706—-NAVIGATIONAL LIGHT By virtue of the authority vested in T. 4 N., R. 22 E., . the President by section 24 of the act of Sec. 23,Ey2SE^4 ; mt . Sec. 26, N% NE]4NE]4, SE&NE&NE^. WAIVERS March 3, 1891 (26 Stat. 1103; 16 U.S.C. NE % SE14 NE 14. Certifications of the Secretary of the 471), as amended, and the act of June 4, T. 4 N., R. 25 E., Navy 1897 (30 Stat. 34, 36; 16 U.S.C. 473), and Sec. 13, Sy2; pursuant to Executive Order No. 10355 Sec. 14, SE14; Scope and purpose. Sections 360 and df May 26, 1952 (17 F.R. 4831), it is Sec. 23, E%; 1052 of Title 33, United States Code, ordered as follows: Sec. 24.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8809

The areas described aggregate ap­ June 10, 1920 (41 Stat. 1075; 16 U.S.C. The areas described aggregate 11.25 proximately 889 acres of acquired lands 818), as amended, it is ordered as follows: acres in Sweetwater County. and 1,171 acres of privately owned lands. In DA-173-Utah, the Federal Power 2. The lands described in paragraph 1 2. The acquired lands are hereby Commission determined that the power are hereby classified for direct sale at added to and made a part of said na­ values of the following described lands, not less than their appraised value under tional forest and shall hereafter be sub­ withdrawn by Executive order of July 2, the act of June L 1938 (52 Stat. 609, as ject to all laws and regulations applicable 1910, establishing POwersite Reserve No. amended, 43 U S.C ^ secs. 682a-682e). thereto, subject to valid existing rights. 34, will not be injured or destroyed by The direct sale of these lands will not be subject to tiie regulations in 43 CFR Sub­ 3. The boundaries of the Ouachita Na­ restoration to location, entry, or selection part 2233. tional Forest are hereby adjusted to ex­ under appropriate public land laws, sub­ C h a r le s F . L u c e , clude the following described lands: ject to the provisions of section 24 of the Federal Power Act : Under Secretary of the Interior. A r kansas u n e Salt L ake M eridian J 15, 1967. FIFTH PRINCIPAL, MERIDIAN [F.R. Doc. 67-6934; Filed, June 20, 1967; T. MS..R.21R, 8:45 a.m.] T .l N..R. 17W.» Sec. 3, lot 1. Sec. 2» NE%, E*/2NW M , SW'/4NWy4l S%; Sec. 3, E%, NWi/4SW%, S & S W & ; The area described contains 1.12 acres Sec. 4, sy2; in Grand County. Title 47— TELECOMMUNICATION Secs. 5 to I I , inclusive, and 14 to 23, inclu­ Until 10 a.m. on December 13,1967, the sive, and 26 to 35, inclusive. State of Utah shall have a preferred right Chapter I— Federal Communications T .1 N ..B . 18 W.„ Commission Entire township. o f application to select the lands as pro- - T.1N..R.19 W., vided by R.S. 2276, as amended (43 U.S.C. [Docket 16030; FCC 67-7Q3] Sec. 1, Sfc; 852). After that time, the lands shall be ANTENNA FARM AREAS Sec. 2, NE *4 NW % SW^4, S ^ N W ^ S W M , open to operation of the public land laws SW%SW%, E% SW % , SE%; generally, subject to valid existing rights, Establishment and Use Sec: S* SEi4SWi4, 8%NB&8B%. Sy2SE&; the provisions of existing withdrawals, J u n e 16, 1967. Sec. 7, Ey2, S W & ; the requirements of applicable law, and Secs. 8 to 36, inclusive. In the matter of amendment of Parts T. 1 N„ R. 20 W., subject to the provisions of section 24 of the Federal Power Act, supra. All valid 1,17, and 73 to provide for the establish­ Sec. 12, S & f ment and use of antenna farm areas. Secs. 13 and 14; applications received at or prior to 10 Sec. 15, E%, SW*4; a.m. on December 13, 1967, shall be con­ 1. The Commission has before it for Sec. 16; sidered as simultaneously filed at that consideration its notice of proposed rule Sec. IS, s y ; time. Those received thereafter shall be making (FCC 65-458, 30 F.R. 7446) Sees. 20 to 36, inclusive. considered in the order of filingr issued in Docket No. 16030 on June 2, T .l S.,R. 17 W.„ 1965, and the comments and reply com­ The lands have been, open to applica­ Secs. 2 to 11, inclusive, and 14 to 23, inclu­ ments submitted by interested parties. sive. tions and offers under the mineral leas­ The notiee outlined our previous efforts, T. 1 S., R. 18 W., ing laws, arid to location under the U.S. in coordination with the Federal Avia­ Secs. 1 to 24, inclusive, and 27 to 32, inclu­ mining laws subject to provisions of the tion Adminstration and its predecessors, sive; act of August 11, 1955 (69 Stat. 682; 30 to achieve maximum broadcast service Sec. 33,Ni£. U. S.C. 621) . T. 1 S„ R. ig w., to the public through the use of high Entire township. Inquiries concerning the lands should antennas while recognizing that their T.2 S„R.19 W.„ be addressed to the Manager, Land O f­ existence might in some situations pre­ Secs. I to 12, inclusive; fice; Bureau of Land Management, Salt sent difficulties to safety of air naviga­ Sec. 16, N%, SW % ; Lake City, Utah. Secs. 17 and 18; tion. Our purpose in instituting this Sec; IS, wys. H ar r y R . A n d e r s o n , proceeding was to establish procedures T. 1 S„ R. 20 W., Assistant Secretary of the Interior. which would permit the construction of Secs. 1 to 5, inclusive; taller antenna towers without the need Sec. 8, N & , SB»4; J u n e 14, 1967. for protracted hearings on individual Secs. 9 to 17, inclusive; |F.B. Doc. 67-6933; Filed, June 20, 1967; applications for such towers to deter­ Sec. 20, N% ; 8:45 a.m.] mine their effect on public safety in air Secs. 21 to 28, inclusive: Sec. 31, SE*/|; transportation. Sec. 32, S%; Background. 2. To better understand Secs. 33 to 36, inclusive. [Public Land Order 4230] this proceeding, it is important to be T. 2 S.» R. 20 [MIsc—1375205] cognizant of the circumstances which Secs. I, 2, and 5; generated the proposal for the establish­ Sec. 6, E*4; WYOMING ment of antenna farms by the Federal Secs. 10 to 15, inclusive; and Secs. 23 and 24. Partial Revocation of Executive Order Communications Commission. The Com­ No. 5327 of April 15, 1930 mission is directed by section 309(a) of The areas described aggregate ap­ the Communications Act of 1934, as proximately 171,200 acres. By virtue of the authority vested in the amended, 48 Stat. 1064, 47 U.S.C. 151 et President by section 1 of the act of June seq., to grant applications if the public H a r r y R . A nder so n-, 25, 1910 (36 Stat. 847 ; 43 U.S.C. 141), Assistant Secretary of the Interior. interest, convenience, and necessity and pursuant to Executive Order No. would be served by the grant thereof. As June 14, 1967. 10355 Of May 26, 1952 (17 F.R. 4831), it early as 1939 in its Standards of Good [FR. Doc. 67-6932; Piled, June 20, 1967; is ordered as follows : Engineering Practice, the Commission 8:45 a.m.J I. Executive Order No. 5327 of Aprilrecognized that air safety is an important 15, 1930, withdrawing oil shale deposits element of the public interest and as a and lands containing such deposits is matter of practice requested the recom­ [Public Land Order 4229] hereby revoked so far as it affects the mendations of aviation authorities con­ [Utah 0149433] following described lands, except for the cerning specific antennas. In 1946, the off shale deposits therein: Air Coordinating Committee (ACC) was UTAH established1 to provide for the fullest de­ Si x t h P r in c ip a l M e r id ia n Opening of Lands Subject to Section velopment and coordination of aviation T. 19 N., R. 109 W., policies and activities of Federal agencies. 24 of Federal Power Act - Sec. 30, W&SW%N®i4S'W14SE*4, SB% By virtue of the authority contained in Nw%swy4®M, e % sw»4 sw % SE14, 1 Executive Order 9781, Il F.R. 10645; Wi£liW%SB%SW%SST&, Wy2SW$4 SEi4 amended by Executive Orders 10360» June 11, section 24 of the Federal Power Act of SW14SB14. 1952, and 10655, Jan. 28, 1965.

FEDERAL REGISTER, V O L 32» NO. 119— WEDNESDAY, JUNE 21, 1967 8810 RULES AND REGULATIONS

Its membership included representatives trative Procedure Act* before the ap­ 6. Comments were received from from the CAA, the CAB, the FCC, the plication is granted or denied. groups on behalf of the broadcasting three military departments, and other 4. Despite this coordination between industry, including the American Broad­ agencies. Thereafter, all applications re­ the FAA and the FCC, increasingly com­ casting Co., the National Association of quiring special aeronautical study were plex problems are arising because of con­ Broadcasters (N A B ), the National As­ submitted by the FCC to the Airspace tinuing aeronautical changes and the sociation of Educational Broadcasters Panel of the ACC. When the Airspace increasing number of aircraft of varying (N A E B ), the Federal Communications Panel advised the Commission that it types coupled with the increase in the Bar Association (F C B A ), the Association could not unanimously determine that a number and height of antenna towers, of Federal Communications Consulting proposed antenna tower structure would particularly in the broadcasting field. Engineers, A. Earl Cullum, Jr. and Asso­ not be a menace to air navigation, the The impact upon aviation of a group of ciates, and the Association of Maximum Commission would designate the appli­ tall towers is obviously less* and more Service Telecasters (M S T ), as well as cation for formal adjudicatory hearing. easily accommodated by appropriate ad­ several individual broadcasters. RCA On December 13, 1950, the Commission justments in aeronautical procedures Communications, Inc. (R C A C ), a com­ adopted Part 17 of its rules, dealing with than is the impact of several tall towers mon carrier operating in the Interna­ the construction, marking and lighting of scattered at random. These factors tional Fixed Public Service, also com­ antenna structures,2 and a special branch caused the Commission to consider the mented. On behalf of the aviation in­ was established within the Commission advisability of the establishment of an­ dustry, the Aircraft Owners and Pilots to stu ,'y applications to determine pos­ tenna farm areas where high antennas Association, the Airport Association, and sible menace to air navigation created could be grouped. Wo were concerned not the National Business Air Association and to refer questionable problems to the only with aeronautical safety but also participated in this proceeding. Most of Air Coordinating Committee for special with making it simpler for the aviation the comments supported the concept of aeronautical study. industry to adjust their flight require­ antenna farms, but those filed by broad­ 3. As the use of airplanes accelerated,ments to accommodate greater antenna casters or broadcasting groups objected dissatisfaction was felt with the diffused heights than might be possible if an­ to various provisions of the proposed rule. authority of the Air Coordinating Com­ tennas were not grouped. The Commis­ Abdication of Commission’s responsi­ mittee, and the Federal Aviation Admin­ sion does not expect that the major bility. 7. The most serious objections are istration (FAA) was created in 19583 problems will be entirely eliminated, but based on allegations that adoption of the for the purpose of, among other things, with the establishment of antenna farm rule as proposed would constitute an overseeing the safe and efficient use of areas they can be reduced for both the abdication of the Commission’s statutory navigable airspace. The ACC was dis­ users of radio communications.and of air responsibility. The FCBA cited section 1 solved and its functions assumed by the transportation. of the Communications Act, 47 U.S.C. FAA. Since its creation, the FAA and 5. In light of the foregoing, the Com­ section 151, which states that the Com­ the FCC have worked closely together mission proposed in the instant proceed­ munications Act is “ * * * [Flor the in considering antenna proposals. Part ing to amend its rules as follows: purpo&e of regulating interstate and for­ 77 of the FAA Regulations4 sets forth (a) To provide procedures for the eign commerce in communication by standards for determining obstructions designation by the FCC of antenna farm wire and radio so as to make available, in navigable airspace and the require­ areas for communities. This does not so far as possible, to all the people of the ments for notice to the Administrator mean, however, that the denial of a peti­ United States a rapid, efficient, Nation­ of certain proposed construction or al­ tion for the establishment of a specific wide, and world-wide wire and radio teration; provides for aeronautical antenna farm area would preclude the communication service with adequate studies of obstructions to air navigation petitioner from filing an application for facilities * * * ”. The purpose of the to determine their effect on the safe and a construction permit to erect a tower at statute is further defined in section 303 efficient use of airspace, for public hear­ the location where the antenna farm of the Communications Act enumerating ings on the hazardous effect of proposed would have been. If such an application the general powers of the Commission, construction or alteration in air naviga­ is filed, all matters affecting the public including specifically to “ [Dletermine tion, and for establishing antenna farm interest will be fully considered before the location of classes of stations or in­ areas. Part 17 of the FCC rules and reg­ the Commission reaches its decision dividual stations”, 47 U.S.C. section 303 ulations5 prescribes certain procedures whether to grant it or deny it; (d ), and to “ CHlave authority to require and standards, developed in conjunction (b) Where an antenna farm area or the painting and/or illumination of radio with the FAA, with respect to the Com­ areas have been designated for a com­ towers if and when in its judgment such mission’s consideration of proposed an­ munity, to require an applicant for a towers constitute, or there is a reasonable tenna structures, which serve as a guide structure above 1,000 feet in height to possibility that they may constitute, a to persons intending to apply for radio locate in the area or secure a statement menace to air navigation,” 47 U.S.C. sec­ station licenses. Section 17.4(e) specifi­ from the FAA that the tower will not tion 303 (q ). M ST pointed out that the cally provides that when a report dis­ constitute a menace to air navigation. power to prescribe the location and approving a proposed antenna structure This provision would not preclude an height of antenna towers is absolutely is received from the FAA, the Commis­ applicant who cannot locate in the farm essential to the FCC’s functions and to sion will take such further action as or secure such a statement from filing an the proper discharge of its duties under might be appropriate. As a matter of application with a request for waiver of sections 1, 2, 301, 303, 307, 308, 309, and practice the Commission considers the the rule. The reasons given will be 319 of the Communications Act of 1934. fully considered by the Commission to FAA report, as well as other public in­ It is the contention, vigorously argued terest factors and, unless the matter is determine whether or not they justify such a waiver; by NAB, the FCBA and MST, that the resolved through informal procedures, it (c) To require special aeronautical proposed rule constitutes an abdication is designated for an adjudicatory hear­ study for all towers 500 feet or more of authority conferred upon the Commis­ ing governed by the provisions of the above ground unless they locate in a sion by Congress and is therefore fatally Communications Act and the Adminis- designated antenna farm ; defective. (d) If the FQC determines that the 8. The specific sections of the rules' 2 Report and order, 16 F.R. 86; 17 FCC An­ public interest would be served by the nual Report 138 (1951). location of an antenna structure in a concerning which this allegation is made 3 Federal Aviation Act of 1958, 72 Stat. 331, designated antenna farm área which are the following: 49 U.S.C. 301. would result in mileage separations less 414 CFR Part 77, revised May 1,1965. TAs pointed out in footnote 5 supra, we 6 47 CFR 17.21-17.45. On Feb. 25, 1966, the than those required in the rules, FM and TV broadcast station permittees and li­ have outstanding a proceeding to amend Part FCC issued a notice proposing to amend 17 of our rules. For the sake of clarity, we Part 17 of its rules, published in the censees shall be afforded protection from will refer in this order to the section num­ F ederal R egister Mar. 2, 1966, 31 F.R. 3302. interference equivalent to the protection bers used in the notice of proposed rule However, the changes proposed therein do afforded by the minimum mileage sep­ making issued in the antenna farm proceed­ not pertain to the establishment of an­ arations specified in the rules. ing, but immediately following such num­ tenna farms and have no bearing on this ber, we will place in parentheses the section proceeding. 6 60 Stat. 237; 5 U.S.C. 501-511. number as it will appear in amended Part 17.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8811

(a) Proposed § 17.18 <17.8) would pro­ proposed antenna farm will constitute sion will examine such reasons and, if vide that proceedings to designate an an­ a menace to air navigation. Further, they ta fact go to air safety, will deny tenna farm will not toe instituted by the while the Commission would have the petition for rule making with a state­ FCC if the FAA advises the Commission authority to proceed with the rule ment setting forth fully the grounds for in writing for stated reasons that estab­ making despite FAA’s stated reasons denial required by section 4(d) of the lishment of the proposed antenna farm regarding a menace to air navigation, Administrative Procedure Act. The mere would constitute a menace to air naviga­ no practical purpose would be served by filing of a petition does not require the tion. The parties^ argued that there is ho such a course, for we are convinced that FCC to grant it or hold a hearing or en­ provision that PAA’s “stated reasons” be the successful establishment of antenna gage in any public rule making proceed­ valid or persuasive, no provision is made farms is dependent upon agreement ings.“ Furthermore, the determination for the weighing of other relevant public between the two agencies.8 If the FAA of the FAA that such an antenna farm interest considerations and the mere giv­ raises valid objections, the question is would be a menace to air navigation will ing of a statement by the FAA and its one which should be resolved in adju­ not have adjudicated the rights of any refusal to “acquiesce” would suffice to dicatory proceedings held by this Com­ person since petitioner is returned to the thwart any particular proposal that an mission on individual applications, as status quo ante with all the righto he antenna farm area be designated. M ST has been our practice in the past, rather had without the “antenna farm rule”. claimed that FAA’s “stated reasons” for than through rule making procedures. 12. Another objection made by the opposing individual tower proposals If the antenna site is proposed by the parties is that the findings of the FAA often relate to factors of convenience FAA, the Commission will determine are often based on existing aeronautical that have little, if anything, to do with whether it conforms to FCC rules and factors and aeronautical convenience safety. standards and will decide whether or not rather than on “menace”. The objectors (b) Proposed §§ 1.61(g) and 17.10 rule making should be instituted. Thus, claim that the FAA has declared pro­ would provide that, if an antenna farm the FCC is not abdicating its authority posed towers to be a menace to air area is designated for a particular com­ nor are the ultimate rights of any party navigation simply because of the effect munity, applications proposing antenna affected. the structure would have on existing structures over 1,000 feet above ground 11. Although the rule, as proposed,aeronautical activity. Again we empha­ to serve such community will not be ac­ specifically provides that such proceed­ size that an adverse determination by cepted for filing unless they specify sites ings might be commenced by the Com­ the FAA must be supported by stated in the antenna farm or are accompanied mission on its own motion after consul­ reasons and we will examine such rea­ by a statement from the FAA that the tation with the FAA, and, although sec­ sons most carefully to satisfy ourselves proposed structures at the proposed sites tion 4(d) of the Administrative Proce­ that they in fact concern air safety. Our outside of the farm will not constitute a dure Act permits any interested person rule is grounded on a consideration of menace to air navigation. FCBA argued to petition for the issuance of a rule and menace to air navigation and not merely similarly that there is no requirement requires the reception and consideration matters of convenience to aeronautical that the FAA give any reason for with­ by the agency of such petition,® several interests.*1 However, where it appears holding such a statement, no provision parties commenting expressed concern that the FAA finding is validly sup­ is made for a weighing of other relevant that the Commission might not initiate ported, we will deny the request for rule public interest factors, except upon a an antenna farm proceeding upon the making, fully setting forth our reasons petition for waiver of the rule, and that petition of an interested party. The therefor. the net effect of the proposed rule is Commission, will, of course, consider pe­ 13. Nor do proposed §§ 1.61 or 17.10 that antenna farm designations would be titions for rule making to establish an­ deprive any person of his rights. Under subject to FAA veto. tenna farm areas, whether or not they these sections, if an antenna farm area 9. Certainly Congress has lodged in are suggested by the FAA or by any in­ is designated for a particular community, the Federal Communications Commis­ terested persons. Therefore, to make applications proposing antenna struc­ sion authority over facilities subject to our intent perfectly clear, we are amend­ tures over 1,000 feet in height above its licensing jurisdiction, including the ing the first sentence of proposed § 17.18 ground to serve such community gener­ height and location of antennas and (b) (17.8(a) ) to read as follows: ally will not be accepted for filing unless their supporting tower structures. Both (b) Each antenna farm area will be es­ they specify sites in the antenna farm or before and after the establishment of the tablished by appropriate rule making pro­ are accompanied by a statement from FAA, the Commission has designated ceedings, which may be commenced by the the FAA that the proposed structure will broadcast applications for hearing to •Commission on its own motion after con­ not constitute a menace to air naviga­ sultation with the FAA, upon request of the determine whether a proposed tower FAA, or as a result of a petition filed by any tion. The rule does not preclude an ap­ would constitute a menaee to air naviga­ interested person. plicant who cannot locate in the farm or tion. The Federal Communications Com­ secure^the required statement from filing mission has consistently maintained that Where the antenna farm is proposed by his application for an antenna structure it has the ultimate responsibility to de­ some person other than the FCC or the over 1,000 feet in height, together with termine whether the public interest FAA, and where the Commission deter­ a request for waiver of this rule. I f the would be served by construction of any mines that the petition discloses suffi­ request sets forth reasons, sufficient if specific antenna tower. This jurisdic­ cient reasons in support of the action true, to justify such a waiver, the ap­ tion has been recognized by the courts, sought to justify the institution of a rule plicant will be accorded a full hearing the FAA, and the Congressional commit­ making proceeding, the determination of in accordance with section 309 of the tees responsible for legislation in this the FAA as to menace to air navigation Communications Act. See United States area. The Commission has continually will be requested. If the findings are et al. v. Storer Broadcasting Co., 351 exercised its jurisdiction and has no in­ U.S. 192. In each case that comes before tention of relinquishing it. favorable, the proceeding will be started. it, the FCC must still exercise an ulti­ 10. As stated above, the parties are I f the finding is adverse and the reasons concerned that rule making will not be stated by the FAA are that antenna sup­ mate judgment whether the grant of the instituted if the FAA advises the Com­ porting structures at the proposed farm application would serve the public mission the proposal would constitute would constitute a menace, the Commis- interest a menace to air navigation and it is claimed that this gives the FAA veto au- 8 In this regard, we note that the FAA “ Id. at 128. tnority over a matter within the juris- rules similarly provide that antenna farms 11 In this connection, we note that the the FCC. First, we emphasize will not be established by FAA where this FAA rules provide that: "In considering pro­ tnat the rule provides that the Commas- Commission “advises that the establishment posals Tor establishing antenna farm areas, of any proposed antenna farm area would it considers as far as possible the revision of tha1! WiP not “^itu te rule making if the interfere with its statutory responsibilities”, aeronautical procedures and operations to a a advises the Commission stating its 14 CFR 77.73(b). accommodate antenna structures that will Qn!L}n ^erms °f air safety considera- * Attorney General’s Manual on the Ad­ fulfill broadcasting requirements” (14 CFR ons that the establishment of the ministrative Procedure Act, 1947» p. 38. 77.71(b)).

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8812 RULES AND REGULATIONS

Definition of antenna farm area. and the overall allocations system and re­ ments against the “equivalent protection 14. Another objection made by the sult in destructive and degrading inter­ concept” have been considered by this parties is to the definition of an “antenna ference to television service to the public. Commission in Docket 13340, and in sub­ farm” which we proposed to define M ST is particularly concerned with the sequent proceedings. After completion of “ * * * as a geographical location, with possibility that the FAA will advise the the rule making in Docket 16004,18 in established boundaries, designated by FCC to wave its engineering standards to which we expect to adopt curves and the PCC, in which antenna towers with locate the antenna farm in the area de­ procedures for FM and TV broadcasting a common impact on aviation may be sired by FAA to avoid any change in stations to be used for calculation of grouped,” with no determination of al­ aeronautical procedures and habits. equivalent protection, we will issue an lowable height to be included. Several 16. The concern of M ST about adviceorder outlining the procedure to be of the parties urged that an established from the FAA determining the course of followed in determining equivalent pro­ antenna farm should permit towers of our actions is not justified. We reject the tection for FM cochannel and adjacent the maximum height permitted by the suggestion by MST and others that the channel stations and for VHF and UHF Commission’s rules to meet the need for Commission will not give fair and im­ cochannel stations. As far as the VHF adequate transmitting antenna heights partial consideration to all aspects of the adjacent channels, the UHF adjacent required for an effective nationwide sys­ public interest, including the spacing re­ channels and “taboos”, and the FM sec­ tem of broadcasting. M ST asserted that quirements of our rules, simply because ond and third adjacencies are concerned, in exchange for grouping towers in a the FAA may indicate that a certain area these matters will be considered on an relatively small sector of the navigable is not convenient from its point of view. ad hoc basis if and when problems arise. airspace, broadcasters should be able to The Commission cannot emphasize too Requests for exemption from the rule. secure maximum, or close to maximum, strongly its intention to maintain the 18. The National Association of Educa­ tower heights in these areas and that tall mileage separation requirements of tional Broadcasters requested that non­ towers are necessary for a commercial § 73.612 and to establish antenna farms commercial educational television sta­ station to serve the public well in its which will accommodate all assigned tions either be exempted from the designated community and market areas, channels without deviations from the rule, or that provision for waiver be and especially important for stations in standard separations. If it should be im­ included in the rule to permit appli­ smaller cities and less densely populated possible, however, to establish an an­ cants to make waiver showings based areas, which must reach beyond their tenna farm or farms for a particular upon educational broadcast consider­ home communities to obtain sufficient community that will accommodate the ations. NAEB pointed out that an­ audience to assure the economic support antenna structures for all assigned tenna farm sites may often be chosen justifying continued operation. M ST also channels consistent with all mileage with principal city coverage as the domi­ argued that adequate tower height is separation requirements, the establish­ nant criterion. However, educational vital for educational television systems ment of antenna farms under these cir­ television stations seek to serve not only to reach the maximum population with cumstances does not mean that the Com­ the major metropolitan areas but the as few stations as possible and that tall mission will approve mileage shortages rural areas as well and may wish to lo­ towers have special importance for UHF to accommodate a particular applicant cate their antenna structures outside city stations, both commercial and educa­ to locate in such a farm, unless the public limits to serve rural areas more effec­ tional, since successful UHF service is interest so indicates. However, if ex­ tively, to locate in a university town, or as especially dependent upon well-elevated traordinary reasons of aeronautical part of a network to cover the entire transmitting antennas providing line-of- safety indicate that a particular antenna State. The Commission recognizes that sight paths to home and school receivers. structure should be located within the the reason for location of an antenna W e fully anticipate that we will be able antenna farm, the Commission may au­ structure by a commercial broadcaster to authorize broadcast towers of greater thorize a short spacing to accommodate may be very different from that of the height through establishment of antenna a particular antenna. Such an action will educational broadcasters. However, it farm areas than would be possible if not be considered as a justification for does not appear that the requested ex­ antennas were scattered. Whether maxi­ the filing of other requests for short emption from the rule is necessary or mum height can always be achieved in separations. advisable. If the educational applicant every antenna farm established can only 17, MST also attacked the equivalentbelieves it would not be in the public in­ terest to locate in an antenna farm, it be determined on a case-by-case basis protection concept which we adopted in may file its application with a request as each farm will undoubtedly present Docket No. 13340, a rule making proceed­ for waiver of the rule. Consideration will different problems. ing to consider the advisability of waiv­ be given to such a request by the Com­ 15. M ST also indicated its special con­ing mileage separation requirements in mission in the light of the special cir­ cern with our proposed amendment of appropriate cases so as to alleviate the cumstances surrounding such an appli­ §73.612. This section of our rules pro­ shortage of VHF stations in some large vides the nature and-extent of protection cities. In 1961, we adopted a report and cation. 19. RCA Communications, Inc., a com­ from interference accorded to television order and a supplement thereto12 requir­ mon carrier operating a number of radio broadcast stations, which is limited solely ing that a new TV station authorized to stations in the International Fixed P u blic to the protection which results from the operate at less than our standard mini­ Service, is of the view that the C om m is­ minimum assignment and station sepa­ mum separations on the same channel as sion does not intend the new rules to ration requirements and the rules and an existing station, would be required to apply to services other than broadcast­ regulations with respect to maximum suppress radiation in the direction of the ing. This is erroneous and the C om m is­ powers and antenna heights. W e had existing station to the extent of provid­ sion wishes to correct this impression. stated in our notice that we might on ing protection equivalent to that which The antenna farm rule will apply to all occasion have to sanction a minor spac­ the existing station would enjoy if the applications for new or changed fa c ili­ ing less than that provided in the rules new station were operating with full ties proposing the erection of any an­ to accommodate a particular antenna power and antenna height at the stand­ tenna structure over 1,000 feet above tne structure in a designated antenna farm ard m inim um separation, and setting ground. Again, however, if there are area “because of very special and over­ forth the standards to be followed in fix­ special circumstances, requests for w a iv ­ whelming public interest considera­ ing “equivalent protection” for VHF co­ tions * * But we went on to say that er of the rule may be filed and w ill oe channel stations. M ST asserted that this given careful consideration by the Com­ if a minor short-spacing is authorized, concept was adopted only for the limited it will be “only on the basis of equivalent purposes of the “drop-in” cases in Docket mission. . Commission decision. 20. We na protection” and for this reason we pro­ No. 13340 and should not be used in the carefully considered all the co m m en s posed to amend § 73.209 (pertaining to antenna farm proceedings. M ST’s argu- and data filed and the various sugges­ FM stations) and § 73.612 (pertaining to tions made in these pleadings and na TV stations) of our rules to require such u Interim Policy on VHP TV Channel As­ signments, Docket No.. 13340, 21 Pike & protection. MST contended that imple­ Fischer, R.R. 1699, released Aug. 3, 1961; and “ Field Strength Curves for FM . mentation of this provision will threaten 21 Pike & Fischer, R.R. 1709, released Oct. 9, Broadcast Stations, Notice of ProP?f Making, FCC 65-383, released May 10. degradation of the mileage separations 1961. FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967

J RULES AND REGULATIONS 8813 concluded that adoption of the antenna 25. Several of the parties have re­ 3. Part 17, Subpart B, is amended by farm rule substantially as proposed quested oral argument. The Commission adding new §§ 17.8, 17.9, and 17.10 to would serve the public interest. The is of the opinion that the views of all read as follows: grouping of tall towers in antenna farms interested parties have been adequately will reduce the potential menace to air presented and that oral argument in this § 17.8 Establishment o f antenna farm areas. navigation and will enable the aviation proceeding would serve no useful pur­ industry to more easily adjust aeronau­ pose. The requests for oral argument (a) Each antenna farm area will be tical procedures to accommodate greater are therefore denied. established by appropriate rule making antenna heights than would be possible 26. Authority for the adoption of the proceedings, which may be commenced if antennas were scattered. Thus, with amendments contained herein is con­ by the Commission on its own motion the establishment of antenna farm areas, tained in sections 4 (i) and (j), 303, and after consultation with the FAA, upon we expect to be able to authorize towers 307(b) of the Communications Act of request of the FAA, or as a result of a of greater height than would otherwise 1934, as amended. petition filed by any interested person. be possible and minimize the need for 27. In view of the foregoing: It is or- If the FAA advises the Commission in protracted hearings on applications for dered, That effective July 24, 1967, Parts writing stating its reasons in terms of air tall towers. The authorization of taller 1, 17, and 73 of the Commission’s rules safety Considerations that establishment towers, particularly in television broad­ and regulations are amended as set forth of the proposed antenna farm would con­ casting, will benefit the communications below. stitute a menace to air navigation, rule industry and the viewing public by im­ making proceedings will not be instituted. 28. It is further ordered, That this proving the service now being rendered Any person filing comments in the Com­ proceeding is terminated. and by increasing the areas which will re­ mission's rule making proceeding which ceive new service. The designation and (Secs. 4, 303, 307, 48 Stat., as amended concern the question of whether the pro­ implementation of antenna farm areas 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) posed antenna farm will constitute a will enable the Commission to carry out F ederal C ommunications menace to air navigation shall file a copy more fully its statutory responsibility to C o m m is s io n ,M of the comments with the Administra­ make available as far as possible to all [ s e a l ] B e n F . W a p l e , tor of the FAA. Proof of such filing shall of the people of the United States a Secretary. be established in accordance with § 1.47 rapid, efficient, nationwide communica­ of this chapter. tions service. Parts 1, 17, and 73 of the Commission (b) Nothing in this subpart shall be 21. The Federal Communications Com­ rules are amended as follows: construed to mean that only one antenna mission will establish an antenna farm farm area will be designated for a com­ or farms for a community, which will p a r t 1— p r a c t ic e a n d munity. The Commission will consider consist of specific geographic locations PROCEDURE on a case-by-case basis whether or not with definite boundaries in which anten­ 1. Section 1.61 is amended by addingmore than one antenna farm area shall na towers with a common impact on a new paragraph (g) as follows: be designated for a particular com­ aviation may be grouped. The permis­ munity. sible height of antenna towers in such § 1.61 Procedures for handling applica­ farms will be determined on a case-by­ tions requiring special aeronautical § 17.9 Designated antenna farm areas. case basis because of the varying circum­ study. The areas described in the following stances which will surround the estab­ * * * * * paragraphs of this section are estab­ lishment of any such farm. W e have the (g) Where one or more antenna farm lished as antenna farm areas: [appro­ assurance of the Federal Aviation Ad­ areas have been designated for a com­ priate paragraphs will be added as nec­ ministration that it will give considera­ munity or communities (see § 17.9 of this essary]. tion to the highest antenna heights chapter), an application for a construc­ possible and we will work with that § 17.10 Antenna structures over 1,000 tion permit proposing the erection of an feet in height. agency to the end that we may better antenna structure over 1,000 feet in effectuate our statutory responsibilities. height above ground to serve such com­ Where one or more antenna farm areas 22. The Commission will establish, munity or communities will not be ac­ have been designated for a community wherever possible, an antenna farm of cepted for filing unless: or communities (see § 17.9), the Com­ sufficient size to permit the antenna (1) It is proposed to locate the an­ mission will not accept for filing an ap­ structures for all stations on channels, tenna structure in a designated antenna plication for a construction permit to present or proposed, assigned to a com­ farm area, or construct a new station or to increase munity to be located in such farm and height or change antenna location of an will determine on a case-by-case basis (2) It is accompanied by a statement existing station proposing the erection from the Federal Aviation Administra­ whether more than one farm should be of an antenna structure over 1,000 feet designated for any community. tion that the proposed structure will not above ground unless : constitute a menace to air navigation, or 23. The provisions of the antenna (a) It Is proposed to locate the antenna farm rule will apply to applications for (3) It is accompanied by a request structure in a designated antenna farm new or modified facilities, including pro­ for waiver setting forth reasons sufficient, area, or posals to move antenna towers, where the if true, to justify such a waiver. (b) It is accompanied by a statement Proposed height exceeds 1,000 feet above from the Federal Aviation Administra­ ground. Existing licensees will not be PART 17— CONSTRUCTION, MARK­ tion that the proposed structure will required to move to an antenna farm, not constitute a menace to air naviga­ but will be permitted to do so if their ING, AND LIGHTING OF ANTENNA tion, or applications would comply with the STRUCTURES (c) It is accompanied by a request for commission’s rules. 2. Section 17.2 is amended by adding waiver setting forth reasons sufficient, if 24. In our notice, we had proposed an a new paragraph (o) as follows: true, to justify such a waiver. amendment to §17.11 of our present rules which would have provided that § 17.2 Definitions. *nnP?sals , for antenna structures over * * * * * PART 73— RADIO BROADCAST height to be located in a (o) An antenna farm area is defined SERVICES community where an antenna farm area as a geographical location, with estab­ naa been designated should be located 4. Section 73.209 is amended by adding lished boundaries, designated by the a new paragraph (c) as follows: x0r should require special Federal Communications Commission, in study. However, as noted, which antenna towers with a common § 73.209 Protection from interference. i * ^ lrut*ated a rule making proceed- impact on aviation may be grouped. ♦ * * • * r e n i i r « ^ d PaLrt 17 of our rul®s. which (c) When the Commission determines ®«1 Sdeteted“ ° n Unnecessary and “ 14 Commissioner Lee dissenting; Commis­ that grant of an application would serve sioner Wadsworth absent. the public interest, convenience, and ne-

No. n o - .4 FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8814 RULES AND REGULATIONS cessity and the instrument of authoriza­ rate in excess of three-quarters percent ed by deleting from the table in para­ tion specifies an antenna location in a per annum for any such plan; graph (f) the items “Alumina,” “Calcium designated antenna farm area which re­ * * * * * carbonate,” and “Talc.” sults in mileage separations less than (Sec. 5, 48 Stat. 132, as amended; 12 TT.S.C. (Sec. 706 ( b )(1 ), (c )(2 ), (d ), 74 Stat. 399, those specified in this subpart, PM broad­ 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, 402; 21 TJ.S.C. 376 ( b )(1 ), (c )(2 ), ( d ) ) cast station permittees and licensees 3 CFR, 1947 Supp.) Dated: June 13,1967. shall be afforded protection from inter­ Resolved further that, since affording J. K . K ir k , ference equivalent to the protection af­ notice and public procedure on the above forded under the minimum mileage sep­ Associate Commissioner amendment would prevent the amend­ for Compliance. arations specified in this subpart. ment from becoming effective at the be­ 5. Section 73.612 is amended by desig­ginning of the next distribution period, [F.R. Doc. 67-6961; Filed, June 20, 1967; 8:48 a.m.] nating the present text preceding the the Board hereby finds that notice and note as paragraph (a) and adding a new public procedure on said amendment are paragraph (b) before the note as fol­ contrary to the public interest under the SUBCHAPTER B— FOOD AND FOOD PRODUCTS lows: provisions of § 508.12 of the general regulations of the Federal Home Loan PART 14— c a c a o p r o d u c t s § 73.612 Protection from interference. Bank Board or 5 U.S.C. 553(b), and Milk Chocolate and Vegetable Fat (a) • * * publication of said amendment for the (Other Than Cacao Fat) Coating; (b) When the Commission determines period specified in § 508.14 of the gen­ that grant of an application would serve eral regulations of the Federal Home Sweet Chocolate and Vegetable Fat the public interest, convenience, and Loan Bank Board and 5 U.S.C. 553(d) (Other Than Cacao Fat) Coating; necessity and the instrument of authori­ prior to the effective date of said amend­ Standards of Indentity ment would in the opinion of the Board zation specifies an antenna location in In the matter of establishing a defini­ likewise be contrary to the public in­ a designated antenna farm area which tion and standard of identity for milk terest for the same reason and the Board results in mileage separation less than chocolate and vegetable fat (other than hereby so finds, and the Board fiereby those specified in this subpart, TV cacao fat) coating, § 14.13; and amend­ provides that said amendment shall be­ broadcast station permittees and licens­ ing the identity standard for sweet come effective as hereinabove set forth. ees shall be afforded protection from chocolate and vegetable fat (other than interference equivalent to the protection By the Federal Home Loan Bank cacao fat) coating, § 14.11, by deleting afforded under the minimum mileage Board. therefrom paragraph (a) (2): separations specified in this subpart. [ s e a l] H ar r y W . C a u l s e n , A notice of proposed rule making in ***** Secretary. the above-identified matter was pub­ [F.R. Doc. 67-6982; Filed, June 20, 1967; lished in the F ederal R egister of March 8:50 a.m.] [F.R. Doc. 67-6980; Filed, June 20, 1967; 15, 1967 (32 F.R. 4075), based on a peti­ 8:49 a.m.] tion filed by the International Associa­ tion of Ice Cream Manufacturers, 1105 Barr Building, Washington, D.C. 20006, Title 12— BANKS AND BANKING and all nine comments received in re­ Title 21— FOOD AND DRUGS sponse to the proposal recommended its Chapter V— Federal Home Loan Bank Chapter I— Food and Drug Adminis­ adoption. Board tration, Department of Health, Edu­ Based on consideration of the petition, the comments filed, and other relevant SUBCHAPTER C— FEDERAL SAVINGS AND LOAN cation, and Welfare information, it is concluded that it will SYSTEM SUBCHAPTER A— GENERAL promote honesty and fair dealing in the [No. 20,663] interest of consumers to adopt the PART 8— CQLOR ADDITIVES PART 545— OPERATIONS amendments as proposed. Subpart F— Listing of Color Additives Therefore, pursuant to the authority Bonus Accounts for Drug Use Exempt From Certifica­ vested in the Secretary of Health, Educa­ tion, and Welfare by the Federal Food, J u n e 15,1967. tion Drug, and Cosmetic Act (secs. 401, 701, Resolved that the Federal Home Loan C onfirmation o f E ffe c t iv e D ate o f Or­ 52 Stat. 1046, 1055, as amended 70 Stat. Bank Board, upon the basis of consid­ der R egarding A l u m in a (D ried A l u ­ 919, 72 Stat. 948; 21 U.S.C. 341, 371) and eration by it of the advisability of m i n u m H y d r o x id e ) , C a l c iu m C arbo­ delegated by him to the Commissioner amending § 545.3 of the rules and regula­ n a t e , a n d T alc of Food and Drugs (21 CFR 2.120): It tions for the Federal Savings and Loan is ordered, That Part 14 be amended as In the matter of establishing regula­ System (12 CFR 545.3) relating to bonus set forth below. accounts, to permit Federal savings and tions listing for drug use and exempting Any person who will be adversely af­ loan associations to pay bonuses of up from certification the color additives fected by the foregoing order may at any to three-fourths of 1 percent on certain alumina (dried aluminum hydroxide), time within 30 days following its date oi accounts and for the purpose of effect­ calcium carbonate, and talc: publication in the F ederal R egister file ing such amendment, hereby amends 1. Pursuant to the provisions of the with the Hearing Clerk, Department oi § 545.3 of the rules and regulations for Federal Food, Drug, and Cosmetic Act Health, Education, and Welfare, the Federal Savings and Loan System (sec. 706 (b) (1), (c) (2), (d ) , 74 Stat. 399, 5440, 330 Independence Ayenue SW-., (12 CFR 545.3) by revising subpara­ 402; 21 U.S.C. 376 (b )(1 ), (c )(2 ), (d )), Washington, D.C. 20201, written objec­ graph (5) of paragraph (b) of said sec­ and under the authority delegated to the tions thereto. Objections shall show tion to read as follows, effective July 1» Commissioner of Food and Drugs by the wherein the person filing will be ad­ 1967: Secretary of Health, Education, and Wel­ fare (21 CFR 2.120), notice is given that versely affected by the order and § 545.3 Bonus on monthly-payment and no objections were filed to the order in with particularity the provisions of tn fixed-balance accounts. the above-identified matter published order deemed objectionable and t * * * * * in the F ederal R egister of May 2, 1967 grounds for the objections. If a hearing (b) Fixed-balance accounts. * * * (32 F.R. 6685). Accordingly, the amend­ is requested, the objections m u s t sta the issues for the hearing and such ob­ (5) A Federal association may offer ments promulgated by that order will be­ jections must be supported by groU?. f more thair one bonus plan pursuant to come effective July 1,1967. 2. Effective July 1, 1967, § 8.501 Pro­ legally sufficient ~ to justify the rer. this paragraph at any one time, but the sought. Objections may be accompameu board of directors may not fix a bonus visional lists of color additives is amend­

FEDERAL REGISTER, V O L 32, NO. 119— WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8815 by a memorandum or brief in support PART 120— TOLERANCES AND EX­ Department of Agriculture on a “no resi­ thereof. All documents shall be submitted EMPTIONS FROM TOLERANCES FOR due” basis. in six copies. PESTICIDE CHEMICALS IN OR ON Strictly construed, § 120.101(c) would preclude conversion of these uses to a Effective date. This order shall be­ RAW AGRICULTURAL COMMODI­ tolerance basis as contemplated by the come effective 60 days from the date of TIES statement regarding “Implementation of its publication in the F ederal R eg ister , Report on No Residue and Zero Toler­ except as to any provisions that may be Subpart B— Procedural Regulations ance” published by the Secretaries of stayed by the filing of proper objections. F ees Agriculture and Health, Education, and Notice of the filing of objections or lack Welfare in the F ederal R egister of April thereof will be announced by publication The procedural pesticide regulations 13, 1966 (31 F.R. 5723). In addition, ederal egister are amended as follows* to revise the in the F R . § 120.101(c) presently serves no useful limit on cost for advisory committees. (Secs. 401, 701, 52 Stat. 1046, 1055, as amended purpose since no residues of any poison­ Accordingly, pursuant to the authority 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) ous or deleterious substance should re­ vested in the Secretary of Health, Edu­ main in or on a raw agricultural com­ Dated: June 14, 1967. cation, and Welfare by the Federal Food, modity unless provided for by a tolerance Drug, and Cosmetic Act (secs. 408, 701 J. K . K ir k , or exemption from a tolerance in Part (a ), 52 Stat. 1055, 68 Stat. 511; 21 U.S.C. Associate Commissioner 120. Accordingly, the Commissioner of 346a, 371(a)) and delegated by him to for Compliance. Food and Drugs has concluded that the Commissioner of Food and Drugs § 120.101(c) should be revoked. Part 14 is amended: (21 CFR 2.120), § 120.33(i) (2) is revised Section 120.101(d) states that toler­ 1. By revising § 14.11(a) to read as to read as follows: follows: ances are not needed for those pesticides § 120.33 Fees. applied only to the foliage of potatoes § 14.11 Sweet chocolate and vegetable * * * * * and sweetpotatoes if they are not trans­ fat (other than cacao fat) coating; (J) * * * located to the tubers; however, most of identity; label statement of optional ingredients. (2) Costs of the advisory committee the recent analytical data show that even shall include compensation for experts though applied only to the foliage pesti­ (a) Sweet chocolate and vegetable fat as provided in § 120.11(c) and the ex­ cides are present in the soil and are thus (other than cacao fat) coating conforms penses of the secretariat, including the found in or on the tubers. Therefore, the to thè definition and standard of identity, costs of duplicating petitions and other Commissioner has concluded that and is subject to the requirements for related material referred to the com­ 120.101(d) should be revoked. label statement of optional ingredients, mittee. The Food and Drug Administration prescribed by § 14.6, except that in its ♦ * * * * has compiled and published a manual of preparation is added one or any combi­ This order amends a procedural reg­ pesticide analytical methods for the de­ nation of two or more vegetable food oils ulation to effect consistency with existing termination of pesticides residues in raw or vegetable food fats, other than cacao requirements; therefore, notice and pub­ agricultural commodities. References to fat, which oil, fat, or combination may be lic procedure and delayed effective date methods published in the Official hydrogenated and which has a melting Methods of Analysis of the Association point lower than that of cacao fat, are not prerequisites to this promulga­ tion. of Official Analytical (formerly Agricul­ ***** tural) Chemists and in scientific journals Effective date. This order shall be ef­ are included in the manual. The Com­ 2. By adding thereto the following new fective upon publication in the F ederal missioner finds that guidance should be section: R e g ister . provided in the regulations regarding § 14.13 Milk chocolate and vegetable fat ; (Secs. 400, 701(a), 52 Stat. 1055, 68 Stat. the methodology to be used for deter­ (other than cacao fat) coating, sweet 511; 21 U.S.C. 346a, 371(a)) mining whether or not raw agricultural commodities comply with tolerances for milk chocolate and vegetable fat Dated: June 13,1967. (other than cacao fat) coating; pesticide residues established in Part 120 identity; label statement o f optional J. K . K ir k , .by including in § 120.101 a reference to ingredients. Associate Commissioner said manual. for Compliance. (a) Milk chocolate and vegetable fat Therefore, under the authority pro­ (other than cacao fat) coating, sweet [F.R. Doc. 67-6964; Plied, June 20, 1967; vided in the Federal Food, Drug, and milk chocolate and vegetable fat (other 8:48 a.m.] Cosmetic Act (sec. 408, 68 Stat. 511; 21 than cacao fat) coating conforms to the U.S.C. 346a) and delegated to the Com­ definition and standard of identity, and missioner by the Secretary of Health, is subject to the requirements for label Education, and Welfare (21 CFR 2.120), PART 120— TOLERANCES AND EX­ § 120.101 is amended by revoking para­ statement of optional ingredients, pre­ EMPTIONS FROM TOLERANCES FOR scribed for milk chocolate by § 14.7, ex­ graphs (c) and (d) and by adding a new cept that in its preparation is added one PESTICIDE CHEMICALS IN OR ON paragraph (c), as follows: or any combination of two or more vege­ RAW AGRICULTURAL COMMODI­ § 120.101 Specific tolerances; general table food oils or vegetable food fats, TIES provisions. other than cacao fat, which oil, fat, or Specific Tolerances; General ***** combination may be hydrogenated and (c) The analytical methods to be used Which has a melting point lower than Provisions that of cacao fat. for determining whether pesticide resi­ Section 120.101(c) lists several pes­ dues, including negligible residues, in or ?> The provisions of this section shall ticides that should not remain on raw on raw agricultural commodities are in not be construed as applicable to any agricultural commodities as prepared for compliance with the tolerances estab­ article by reason of the addition thereto market; however, since its promulgation lished in this Part 120 are identified o a vegetable food fat other than cacao safe tolerances have been established for among the methods contained or refer­ at as a carrier of emulsifying Ingredi­ residues of calcium cyanide (§ 120.125) enced in the Food and Drug Administra­ and hydrogen cyanide (§ 120.130) to per­ ents, as authorized and within the limits tion’s “Pesticide Analytical Manual” mit their use in postharvest fumigation which is available from the Food and Prescribed by § 14.7(a). of certain commodities. Also, uses for Drug Administration, Department of [PR. Doc. 67-6962; Piled, June 20, 1967; several of the pesticides listed in § 120.101 Health, Education, and Welfare, 200 C 8:48 a.m.J (c) are currently registered by the U.S.- Street SW., Washington, D.C. 20204.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8816 RULES AND REGULATIONS

(d) [Revoked] its metabolites (calculated as 2-chloro- Dated: June 14,1967. N - isopropylacetanilide) in or on raw J. K . K ir k , Any person who will be adversely af­ agricultural commodities are established fected by the foregoing order may at any Associate Commissioner as follows: time within 30 days from the date of its for Compliance. 1 part per million in or on sugarbeet publication in ihe F ederal R egister file [F.R. Doc. 67-6963; Filed, June 20, 1967; with the Hearing Clerk, Department of tops. 8:48 ajn.] Health, Education, and Welfare, Room 0.2 part per million in or on sugarbeet 5440, 330 Independence Avenue SW., roots. Washington, D.C. 20201, written objec­ 0.1 part per million in or on cotton­ PART 121— FOOD ADDITIVES tions thereto, preferably in quintuplicate. seed, sweet corn (kernels plus cobs with Subpart F— Food Additives Resulting Objections shall show wherein the person husks removed). From Contact With Containers or filing will be adversely affected by the Any person who will be adversely af­ order and specify with particularity the fected by the foregoing order may at any Equipment an d Food Additives provisions of the order deemed objec­ time within 30 days from the date of its Otherwise Affecting Food tionable and the. grounds for the objec­ ederal egister publication in the F R file C e l l o p h a n e tions. If a hearing is requested, the ob­ with the Hearing Clerk, Department of jections must state the issues for the Health, Education, and Welfare, Room The Commissioner of Food and Drugs, hearing. A hearing will be granted if the 5440, 330 Independence Avenue SW., having evaluated the data in a petition objections are supported by grounds Washington, D.C. 20201, written objec­ (FAP 5B1542) filed by Transparent legally sufficient to justify the relief tions thereto, preferably in quintupli­ Paper Limited, Bridge Hall Mills, Heap sought. Objections may be accompanied cate. Objections shall show wherein the Bridge, Bury, Lancashire, England, and by a memorandum or brief in support person filing will be adversely affected other relevant material, has concluded thereof. by the order and specify with particu­ that the food additive regulations should larity the provisions of the order deemed be amended to provide for the use of 2- Effective date. This order shall become stearamido-ethyl stearate as an optional effective on the date of its publication in objectionable and the grounds for the objections. If a hearing is requested, the component of cellophane for food-pack­ the F ederal R e g ister . objections must state the issues for the aging use. Therefore, pursuant to the (Sec. 408,68 Stat. 511; 21 U.S.C. 346a) hearing. A hearing will be granted if the provisions of the Federal Food, Drug, Dated: June 14,1967. objections are supported by grounds and Cosmetic Act (sec. 409(c)(1), 72 legally sufficient to justify the relief Stat. 1786; 21 U.S.C. 348(c)(1)) and J. K. K irk, under the authority delegated to the Associate Commissioner sought. Objections may be accompanied Commissioner by the Secretary of for Compliance. by a memorandum or brief in support Health, Education, and Welfare (21 CFR [P.R. Doc. 67-6965; Piled, June 20, 1967; thereof. 2.120), § 121.2507(c) is amended by al­ 8:48 a.m.] Effective date. This order shall become phabetically inserting in the list of sub­ stances a new item, as follows: PART 120— TOLERANCES AND EX­ effective on the date of its publication EMPTIONS FROM TOLERANCES FOR in the F ederal R eg ister . § 121.2507 Cellophane. * * # * * PESTICIDE CHEMICALS IN OR ON (Sec. 4 0 8(d)(2 ), 68 Stat. 512; 21 U.S.C. RAW AGRICULTURAL COMMODI­ 346a(d)(2)) (c) List of substances: TIES Limitations ( residue and limits of addition 2-chloro-N-isopropylacetanHide expressed as percent by weight of fin­ ished packaging cellophane) A petition (PP 7F0553) was filed with * * * * * * the Food and Drug Adminstration by 2-Stearamido-ethyl stearate------.------.------Monsanta Co., 800 North Lindbergh Boulevard, St. Louis, Mo. 63166, propos­ • * * * * * ing the establishment of tolerances for residues of N -isopropylaniline from the (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 use of the herbicide 2-chloro-N-isopro- (c)(1)) pylacetanilide in or on sugarbeet tops Any person who will be adversely af­ at 1 part per million and in or on sugar- fected by the foregoing order may at any Dated: June 13,1967. beet roots at 0.2 part per million. time within 30 days from the date of its J. K . K ir k , The Secretary of Agriculture has cer­ publication in the F ederal R egister file Associate Commissioner tified that this herbicide is useful for the with the Hearing Clerk, Department of for Compliance. purpose for which the tolerances are be­ Health, Education, and Welfare, Room [F.R. Doc. 67-6967; Filed, June 20, 1967; ing established. 5440, 330 Independence Avenue SW., 8:48 a.m.] Based on consideration given the data Washington, D.C. 20201, written objec­ submitted in the petition, and other rel­ tions thereto, preferably in quintupli­ evant material, the Commissioner of cate. Objections shall show wherein the PART 121— FOOD ADDITIVES Food and Drugs concludes that the tol­ person filing will be adversely affected erances established by this order will by the order and specify with particu­ Subpart F— Food Additives Resulting protect the public health. Therefore, by larity the provisions of the order deemed From Contact With Containers or virtue of the authority vested in the objectionable and the grounds for the ' Equipment an d Food Additives Secretary of Health, Education, and objections. If a hearing is requested, the Otherwise Affecting Food Welfare by the Federal Food, Drug, and objections must state the issues for the Cosmetic Act (sec. 408(d)(2), 68 Stat. hearing. A hearing will be granted if the P olyurethane R esin s 512; 21 U.S.C. 346a(d) (2) ) and dele­ objections are supported by grounds le­ The Commissioner of Food and Drugs, gated by him to the Commissioner (21 gally sufficient to justify the relief having evaluated the data in a petitio CFR 2.120), § 120.211 is revised to read sought. Objections may be accompanied (FAP 6B2050) filed by I.C.I. (Organics) as follows: by a memorandum or brief in support Inc., 55 Canal Street, Providence, § 120.211 2-chloroJV-isopropylacetani- thereof. 02901, and other relevant material, nas lid e ; tolerances fo r residues. Effective date. This order shall be­ concluded that the food additive regu" come effective on the date of its publica­ tions should be amended to .th Tolerances for residues of the herbi­ use of polyethyleneadipate modified cide 2-chloro-N-isopropylacetanilide and tion in the F ederal R egister.

FEDERAL REGISTER, VOL. 32, NO. 119-—WEDNESDAY, JUNE 21, 1967 RULES AND REGULATIONS 8817 ethanolamine as an optional substance by a memorandum or brief in support additive regulations should be amended in the formulation of polyurethane resins thereof. to provide for the additional safe use of IV-acyl sarcosines as antistatic and/or for use in food-packaging adhesives and Effective date. This order shall become antifogging agents in ethylene-vinyl for use as the surface of articles that effective on the date of its publication in acetate copolymer film used for pack­ contact dry, bulk food. Therefore, pur­ the F ederal R egister. suant to the provisions of the Federal aging meats, fresh vegetables, and fresh Pood Drug, and Cosmetic Act (sec. 409 (Sec. 4 0 9(c)(1), 72 Stat. 1786; 21 U.S.C. 348 fruits. The Commissioner also concludes (c)(1), 72 Stat. 1786; 21 U.S.C. 348(0 ( c ) ( 1 ) ) that the existing thickness limitation for (D ) and under the authority delegated Dated: June 13,1967. such film used for packaging dry food to the Commissioner by the Secretary of is unnecessary and should be deleted J .K . K ir k , Health, Education, and Welfare (21 CFR and that the reference to polysorbate 80 Associate Commissioner should also be deleted from the section 2.120), Part 121 is amended in the fol­ for Compliance. lowing respects: since its listing in § 121.2541(c) provides [F.R. Doc., 67-6968; Filed, June 20, 1967; for its contemplated use. 1. Section 121.2520(c) (5) is amended 8:48 a.m.] by alphabetically inserting in the list of Therefore, pursuant to the provisions substances a new item, as follows: of the Federal Food, Drug, and Cos­ PART 121— FOOD ADDITIVES metic Act (sec. 409(c) (1), 72 Stat. 1786; § 121.2520 Adhesives. 21 U.S.C. 348(c)_(l)) and under the au­ • * * * * Subpart F— Food Additives Resulting thority delegated to the Commissioner (c) * * * From Contact With Containers or by the Secretary of Health, Education, (5) * Equipment „and Food Additives and Welfare (21 CFR 2.120), § 121.2527 Com po nents op Adhesives Otherwise Affecting Food (b) is amended by deleting therefrom the item “Polysorbate 80 conforming Substances Limitations A n t is t a t ic an d /or A n t if o g g in g A g ents * * *” and by revising limitation * * • * * * I n F ood-P a c k a g in g M aterials No. 2 for the item “N-Acyl sarcosines P olyeth ylen e adipate For use only in The Commissioner of Food and Drugs, modified with ethano­ the preparation * * *” to read as follows: having evaluated the data in a petition lamine with the molar of polyure­ § 121.2527 Antistatic and/or antifog­ ratio of the amine to thane resins. (FAP 7B2130) filed by Geigy Industrial the adipic acid less Chemicals, Division of Geigy Chemical ging agents in food-packaging ma­ than 0.1 to 1. Corp., Post Office Box 430, Yonkers, N.Y. terials. * * * * * * 10702, and other relevant material, has * * * * * 2. Section 121.2522(a) (2) is amended concluded that § 121.2527 of the food (b) List of substances: by alphabetically inserting in the list of substances a new item, as follows: Limitations JV-Acyl sarcosines where the acyl group For use only: § 121.2522 Polyurethane resins. is lauroyl, oleoyl, or derived from the 1. * * * combined fatty acids of coconut oil. 2. As antistatic and/or antifogging agents at levels not to exceed a total of 0.15 percent by (a) * * * weight of ethylene-vinyl acetate copolymer (2) List of substances: film complying with § 121.2570 and used for ***** packaging meat, fresh fruits, fresh vegetables, Polyethyleneadipate modified with 'ethanola­ and dry food of type V III described in table 1 mine with the molar ratio of the amine to of § 121.2526(c). The average thickness of such the adipic acid less than 0.1 to 1. ethylene-vinyl acetate copolymer film shall not exceed 0.003 iQCh when used for packaging meat, fresh fruits, and fresh vegetables. Any person who will be adversely af­ * * * * * * fected by the foregoing order may at any time within 30 days from the date of its Any person who will be adversely af­ supported by grounds legally sufficient publication in the F ederal R egister file fected by the foregoing order may at to justify the relief sought. Objections with the Hearing Clerk, Department of any time within 30 days from the date may be accompanied by a memorandum ’ Education, and Welfare, Room of its publication in the F ederal R eg­ or brief in support thereof. 5440, 330 Independence Avenue SW., ist e r file with the Hearing Clerk, De­ Washington, D.C. 20201, written objec­ partment of Health, Education, and Wel­ Effective date. This order shall become tions thereto, preferably in quintuplicate. fare, Room 5440, 330 Independence Ave­ effective on the date of its publication Objections shall show wherein the per­ nue SW., Washington, D.C. 20201, writ­ in the F ederal R e g ister . son filing will be adversely affected by the ten objections thereto, preferably in (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. order and specify with particularity the quintuplicate. Objections shall show 3 4 8 (c)(1 )) provisions of the order deemed objec­ wherein the person filing will be ad­ tionable and the grounds for the objec- versely affected by the order and specify Dated: June 14, 1967. ■“ a hearing is requested, the with particularity the provisions of the objections must state the issues for the order deemed objectionable and the J. K . K ir k , nearing. A hearing will be granted if the grounds for the objections. If a hearing Associate Commissioner ? S tl0ns ~are suPPorted by grounds is requested, the objections must state for Compliance. ^ v.* sufficient to justify the relief the issues for the hearing. A hearing [FJR. Doc. 67-6966; Filed, June 20, 1967; ght. Objections may be accompanied will be granted if the objections are 8:48 ajn .]

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8818

Proposed Rule Making

radius zone to 5 miles south of the south end These amendments are proposed under DEPARTMENT OF of Runway 36L; within 2 miles each side of the authority of the Federal Aviation the Decatur VOR 093° radial, extending Act of 1958 (49 U.S.C. 1348(a)). from the 5-mile radius zone to 3 miles east TRANSPORTATION of the VOR; within a 5-mile radius of the Issued in East Point, Ga., on June 12, Federal Aviation Administration Redstone AAF (latitude 34°40'29" N., longi­ 1967. tude 86°40'54" W .); within 2 miles each side J a m es G . R ogers, [ 14 CFR Part 71 1 of the 352° hearing from the Redstone RBN, Director, Southern Region. extending from the 5-mile radius zone to 3 [Airspace Docket No. 6 7 -S O -ll] miles north of the RNB; within 2 miles each [F.R. Doc. 67-6937; Filed, June 20, 1967; side of the 352* bearing from the Whitesburg 8:46 aon.] CONTROL ZONE AND TRANSITION RBN, extending from the 5-mile radius zone AREA to 1 mile north of the RBN; within a 5-mile radius of the old Huntsville-Madison County [ 14 CFR Part 71 ] Proposed Alteration Airport (latitude 34°41'18" N., longitude [Airspace Docket No. 67-WB-31] The Federal Aviation Administration 86°35'20'' W .); within 2 miles each side of the Huntsville VOR 160* radial, extending FEDERAL AIRWAY AND TRANSITION is considering amendments to Part 71 of from the 5-mile radius zone to the VOR; the Federal Aviation Regulations that within 2 miles each side of the old Hunts­ AREA would alter the Huntsville, Ala., control ville ILS localizer north course, extending zone and transition area. from the 5-mile radius zone to 6 miles north Proposed Alteration Interested persons may submit such of the airport; and within 3 miles north and The Federal Aviation Administration 2 miles south of the extended centerline of is considering amendments to Part 71 written data, views, or arguments as Runway 5 extending from the 5-mile radius they may desire. Communications zone to a point 8.5 miles northeast of the of the Federal Aviation Regulations that should be submitted in triplicate to the airport. would alter a segment of V-198 and the Area Manager, Memphis Area Office, Portal, Ariz., transition area. Attention: Chief, Air Traffic Branch, The proposed additional control,zone V-198 is designated in part from San Federal Aviation Administration, Post would provide controlled airspace pro­ Simon, Ariz., 1,200 feet AGL INT San Office Box 18097, Memphis, Tenn. 38118. tection for IFR aircraft during climb to Simon 118° and Columbus, N. Mex., All communications received within 30 700 feet above the surface and during 277° True radials; 1,200 feet AGL Colum­ days after publication of this notice in descent below 1,000 feet above the sur­ bus, It is proposed to realign this seg­ the F ederal R egister will be considered face for aircraft executing instrument ment of V-198 from San Simon 1,200 before action is taken on the proposed approaches to the new Huntsville- feet AGL direct to Columbus. This action amendment. No hearing is contemplated Madison County Airport. would reduce the airway mileage between at this time, but arrangements for in­ The Huntsville, Ala., transition area, San Simon and Columbus. formal conferences with Federal Avia­ described in §71.181 (32 F.R. 2148) If this action is taken, it would result tion Administration officials may be would be redesignated as: in a small segment of uncontrolled air­ made by contacting the Chief, Air That airspace extending upward from space between the realigned V-198 and Traffic Branch. Any data, views, or 700 feet above the surface within a 15-mile V-16 east of Portal, Ariz. To retain this arguments presented during such con­ radius of Redstone AAF (latitude 34°40'29'' airspace as control area for air traffic ferences must also be submitted in writ­ N„ longitude 86°40'54" W .); within 2 miles control purposes, it is proposed to in­ each side of the 356° bearing from the clude it in the Portal transition area ing in accordance with this notice in Redstone RBN, extending, from the 15-mile order to become part of the record for radius area to 11 miles north of the RBN; which would be redescribed as follows: consideration. The proposal contained in within 2 miles each side of the new Hunts­ That airspace extending upward from 1,200 this notice may be changed in the light ville ILS localizer south course, extending feet above the surface within 13 miles north of comments received. from the 15-mile radius area to 14 miles and 8 miles south of the Cochise, Ariz., A new Huntsville-Madison County south of the south end of runway 36L; VORTAC 096* True radial, extending from within a 6-mile radius of Pryor Field (lati­ 20 miles east to 56 miles east of the VORTAC, Airport and FAA Control Tower are tude 34°39'09.4'' N., longitude 86°56'45.1" and that airspace extending upward from scheduled to become operational during W .); within 8 miles west and 5 miles east 1,200 feet above the surface bounded on the October 1967. These new facilities will of the Decatur VOR 352° radial, extending northeast by V-198, on the south by V-16 replace the old Huntsville-Madison from the VOR to 12 miles north; within a and on the west by longitude 108°49'00” W. County Airport and FAA Control Tower. 15-mile radius of latitude 34*40'00" N., Interested persons may participate in The retention of the terminal airspace longitude 86°37'30'' W.; and that airspace for the old Huntsville-Madison County extending upward from 1,200 feet above the the proposed rule making by submitting such written data, views, or arguments Airport is required until this airport is surface within a 31-mile radius of latitude 34°46'30" N., longitude 86°36'30" W* - as they may desire. Communications closed. Standard Instrument Approach Procedures, ADF/ILS/VOR, are pro­ The proposed additional transition should identify the airspace docket num­ ber and be submitted in triplicate to the posed for the new Huntsville-Madison area would provide controlled airspace Director, Western Region, Attention. County Airport. protection for IFR aircraft during Chief, Air Traffic Division, Federal The Huntsville, Ala., control zone, descent from 1,500 to 1,000 feet above Aviation Administration, 5651 West described in § 71.171 (32 F.R. 2071), the surface and during climb from 700 Manchester Avenue, Post Office Box would be redesignated as: to 1,200 feet above the surface at the new Huntsville-Madison County Airport. 90007, Airport Station, Los Angeles, Cam. Within a 5-mile radius of the new Hunts? 90009. All communications received When the old Huntsville-Madison ville-Madison County Airport (latitude 34 °- within 45 days after publication of this 38'19" N., longitude 86*46'25" W .); within County Airport is closed, the control notice in the F ederal R egister will ee 2 miles each side of the new Huntsville ILS zone and transition area will be altered localizer north course, extending from the 5- to revoke the controlled airspace desig­ considered before action is taken on the proposed amendment. The proposal con­ mile radius zone to 2.5 miles south of the nated for that airport. Capshaw RBN; within 2 miles each side of The official docket will be available tained in this notice may be changed the Huntsville VOR 220* radial, extending in the light of comments received. from the 5-mile radius zone to 7 miles for examination by interested persons at the Southern Regional Office, Federal An official docket will be available for southwest of the VOR; within 2 miles each examination by interested persons at tn side of the new Huntsville ILS localizer Aviation Administration, Room 724, south course, extending from the 5-mile 3400 Whipple Street, East Point, Ga. Federal Aviation Administration, omce

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 PROPOSED RULE MAKING 8819 of the General Counsel, Attention: Rules dius Control Zone, from 0800 to 1600 strument approach and departure pro­ Docket, 800 Independence Avenue SW., hours, local time, daily. cedures. The proposed 700-foot and Washington, D.C. 20590. An informal 2. Designate a transition area at Sol­1,200-foot transition areas would provide docket also will be available for examina­ dotna, Alaska, as that airspace extending protected airspace for aircraft executing tion at the office of the Regional Air upward from 700 feet above the surface instrument approaches, departures, Traffic Division Chief. within a 5-mile radius of the Soldotna holding procedures, and missed approach These amendments are proposed under Airport (latitude 60°28'25" N„ longitude procedures conducted beyond the limits the authority of section 307(a) of the 151°02'20" W .) and within 2 miles each of the control zone and during those Federal Aviation Act of 1958 (49 U.S.C. side of the Cordova Airlines Soldotna hours the control zone is not in effect. 1348). private radio beacon (latitude 60928'45" Interested persons may submit such N., longitude 151°02'00" W .) 261° T Issued in Washington, D.C., on June written data, views, or arguments as they bearing extending from the 5-mile ra­ may desire. Communications should be 14, 1967. dius area to 8 miles west of the radio bea­ H . B. H e ls t r o m , submitted in triplicate to the Chief, Air con, within 2 miles each side of the 087° Traffic Division, Alaskan Region, Federal Chief, Airspace and Air T bearing from the Cordova Airlines Traffic Rules Division. Aviation Administration, 632 Sixth private radio beacon (latitude 60°28'45" Avenue, Anchorage, Alaska 99501. All [F.R. Doc. 67-6038; Filed, June 20, 1967; N., longitude 151°02'00" W .) extending communications received within 30 days 8:46 a.m.] from the radio beacon to 8 miles east; after publication of this notice in the and that airspace extending upward F ederal R egister will be considered be­ from 1,200 feet above the surface within t 14 CFR Part 71 1 fore action is taken on the proposed 8 miles south and 5 miles north of the amendments. No public hearing is con­ [Airspace Docket No. 67-AL-14] Cordova Airlines private radio beacon templated at this time, but arrangements 261° T bearing extending from the radio for informal conferences with Federal CONTROL ZONE AND TRANSITION beacon to 12 miles west, excluding the AREA Aviation Administration officials may be Anchorage, Alaska, and Kenai, Alaska, made by contacting the Chief, Air Traffic Proposed Designation 1,200-foot Transition Areas. Division. Any data, views, or arguments Scheduled air carrier service to Sol­ The Federal Aviation Administration presented during such conferences must dotna is provided by Cordova Airlines. To also be submitted in writing in accord­ is considering amendments to Part 71 of provide reliable service during periods of the Federal Aviation Regulations which ance with this notice in order to become adverse weather conditions, Cordova Air­ part of the record for consideration. The would designate controlled airspace in lines operates a private, nondirectional the Soldotna, Alaska, terminal area. proposal contained in this notice may be radio beacon on the airport. A private- changed in the light of comments re­ The Federal Aviation Administration, use, unpublished instrument approach ceived. having completed a comprehensive re­ procedure has been authorized. During The public docket will be available for view of the controlled airspace require­ 1966, Cordova Airlines executed 43 in­ examination by interested persons at the ments in the Soldotna, Alaska, terminal strument approaches to Soldotna. Office of the Regional Counsel, Federal area, proposes the following airspace Itinerant aircraft conducted an esti­ Aviation Administration, 632 Sixth Ave­ actions; mated 11,750 operations at Soldotna dur­ nue, Anchorage, Alaska 99501. 1. Designate the Soldotna, Alaska, ing 1966, including the operations of 24 Airport Control Zone as that airspace active, locally based aircraft. These amendments are proposed under within a 5-mile radius of the Soldotna An Airman’s Information Desk, hourly the authority of section 307(a) of the Airport (latitude 60°28' 25" N., longitude and special weather observations, and Federal Aviation Act of 1958 (49 U.S.C. 151°02'20" W.) and within 2 miles each communications with Kenai, Alaska, 1348). side of the Cordova Airlines Soldotna Flight Service Station will be available Issued in Anchorage, Alaska, on June private radio beacon (latitude 60°28'45" during the hours the control zone is in 12,1967. N., longitude 151°02'00" W .) 261° T effect. G eorge M . G a r y ,. bearing extending from the 5-mile radius Designation of a control zone at Sol­ Director, Alaskan Region. zone to 8 miles west of the radio beacon, dotna would provide protected airspace [F.R. Doc. 67-6939; Filed, June 20, 1967; excluding the Kenai, Alaska, 5-mile ra- for aircraft conducting prescribed in- 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8820

N otices

Sec. 19, lots 3, 4. S y N E y , E y s w y , and All or part of tlie following mineral survey DEPARTMENT OF THE INTERIOR S E y ; Included In sec. 24: Sec. 20, SWyNWy. wyswy, and S E y Mineral Survey 8715, Good Luck Placer. SEy; Bureau of Land Management NONCOAL LANDS Sec. 21. N y N E y , S W y N E y , and w y 2; {New Mexico 596] Sec. 22, N W y N W y ; T. 9 S., R. 8 E„ NEW MEXICO Sec. 26,S W ysw y ; Sec. 7, lot 2, N W y N E y ; Sec. 27, S E y s w y , and S E yS E y; Sec. 8, lots 8 and 11; Notice of Classification Sec. 28, SE%NE%, NyNWy, and E y S E y ; Sec. 9, lots 4 and 6, and 9 to 11, inclusive, Sec. 30, lots 1,2, and Ey2NW>4; NEySEy; J une 14, 1967. Sec. 35, w y N w y . Sec. 14, NWy4, Ni/2SW%; Pursuant to section 2 of the Act of T. 25 S., R. 36 E„ Sec. 15, lots 1, 2, and 3, N y N E y , SEy NEy, September 19,1964 (43 U.S.C. 1412), the Sec. 3, lots 3, 4, Sy Nwy, and Sw y. NEÎ4NWy4, N W y S W y , S W yS E y; T. 25 S., R. 37 E„ Sec. 16, lots 1 to 9, inclusive, NWyNEy, lands described below are hereby clas­ Sec. 4, lot 3, S W y N W y , and N W y S W y ; Sy2 NE%, NEi/4 NWy4, NWySWy, Si/2 sified for disposal through exchange Sec. 5, N E y s w y , and S ^ S W i4 ; sw y4, NE y SE y ; under section 8 of the Act of June 28, Sec. 35, S y N E y , and S E y . Sec. 22, lots 2 and 3, and 5 to 9, inclusive, 1934 (48 Stat. 1272), as amended, for T. 26 S., R. 37 E., Nwy4Nwy4, sy N w y , Ny2sy2; Sec. 1; Sec. 23, lots 1,2, and 3, and 5 to 9, inclusive, lands within the Upper Pecos Ranger Sec. 12, N E y , N y N W y , and N y S E y . NE y4 NE 14; District in the Santa Fe National Forest, T. 23 S., R. 38 E„ Sec. 24, lots 1 and 2, and 5 to 8, inclusive, N.Mex.: Sec. 33, lot 4, NWy4, and N y S W y . Ni/2. T. 24 S., R. 38 E., All or part of the following mineral survey N e w M e x ic o P r i n c i p a l M e r id ia n Sec. 21, lots 1, 2, 3, and 4; included in sec. 24: T. 5 N., R. 9 E„ Sec. 28, lots 1, 2, 3, and 4; Mineral Survey 43, Bear Gulch Placer. Sec. 14, S y N E y , and S E y ; Sec. 33, lots 1 and 2. T.9S..R.9E., Sec. 23, w y N E y , and N W y S E y ; T. 25 S., R. 38 E. Secs. 1 and 2; Sec. 24, N W y N E y , and N W y ; Sec. 4, lots 5 and 6; Sec. 3, lot 1, N y , N ysw y. S E ysw y, Sec. 25, Ny2; Sec. 5, S W y ; SEy; Sec. 26, N E y . Sec. 9, lots 1, 2, 3, and 4; Sec. 4, lots 1 to 5, inclusive, N y, NW y SWy, T. 4 N., R. 10 E., Sec. 21, lots 1, 2, 3, and 4. NEySEy; Sec. 1, lots 3,4, and Sy2N W ^ . Sec. 5, lots 1 to 3, inclusive, N y , S E y; The areas described aggregate Sec. 6, lots 1 to 7, inclusive, N E y , E y wy2; T. 5 N., R. 10 E„ 20,430.62 acres. Sec. 7, lots 1 to 6, inclusive, S y N E y , Ey Sec. 9, s y s w y ; Sec. 10, S W y S E y ; For a period of 30 days, interested NWy4; Sec. 8, lots 1 to 9, inclusive, NWyNEy, Sec. 14, Wi/2S E y ; parties may submit comments to the syNwy, swy; Sec. 19, lots 1, 2, 3, 4, 5, 6, N E y , E y w y , Secretary of the Interior, LLM, 721, an dN y2SEi/4; Sec. 9, lots 1 to 8, inclusive, S E y s w y , Sec. 20, lot 1, Ny2, N ysy. and SEySEy; Washington, D.C. 20240 (43 CFR s y s E y ; Sec. 10, lots 1 and 2, N y2, SWy4, NySEV4; Sec. 21, Ny2; 2411.12(d)). Sec. 11, lots 1 to 6, inclusive, N yN E y, Sec. 30, lots 1, 2, and 3. W. J. A n d e r s o n , Nwy, N ysw y, SEyswy, sysE y; T. 2 N., R. 19 E„ State Director. Sec. 3, lots 1, 2, 3, S y N E y , E y s w y , and Secs. 12 and 13; [P.R. Doc. 67-6935; Piled, June 20, 1967; Sec. 14, lots 1 to 8, inclusive, N yN E y, S E y ; SEyNEy, sEyswy, s s y ; Sec. 5, N y Sy , and s y S E y ; 8:45 a.m.] Sec. 15, lots 1 to 9, inclusive, N W y , w y Sec. 8; sw y ; Sec. 10, E% , and Ey2w y 2; Sec. 16, lots 1 to 5, inclusive, N E y , NEy Sec. 14,NE^NWJ4; Geological Survey Nwy.wyNwy.SEy; Sec. 15; [Order 254] Sec. 17, lots 1 to 6, inclusive, SEyNEy, Sec. 17, Ei/2; NwyNwy, SEyswy, sEy; Sec. 22, N E y , Ey2w y 2, and E y S E y ; MONTANA Sec. 18, lots 1 to 6, inclusive, NEyNEy, Sec. 23, NWy4, and Sy2; sy2NEy, sEyNwy, Eysw y, wysEy; Sec. 26, N y N y ; Coal Land Classification Sec. 19, lots 1 to 14, inclusive, NEy.NW y, Sec. 29, Ey2NE%, S W y N E y , and SEy. NEy SEy; T. 3 N., R. 19 E„ Pursuant to authority under the Act Sec. 20, lots 1 to 5, inclusive, N E y, NEy Sec. 4, SWy4; of March 3, 1879 (20 Stat. 394; 43 U.S.C. Nwy, syNwy, Nysy; Sec. 5, lot 3, S E y N W y , and S E y ; 31), and as delegated to me by Depart­ See 21* Sec. 22,w y zSW % ; mental Order 2563, May 2, 1950, under Sec. 22, lots 1 to 11, inclusive, w y N W y , Secs. 26 and 27; N w y s w y ; sec. 28, sy2NE%, wy2, NySEy, and authority of Reorganization Plan No. 3 of 1950 (64 Stat. 1262), the following Sec. 23, lots 1 to 10, inclusive, NE/4, S W y S E y ; N y S E y ; Sec. 29, Ey2, N E y N W y , and E y S W y ; described lands, insofar as title thereto Sec. 24; Sec. 31, SE14SE14; remains in the United States, are hereby g g g 253 Secs. 34 and 35. classified as shown: All or ' parts of the following mineral T. 24 S., R. 35 E„ claims included in this township: Sec. 1, lots 2, 3, 4, S W y N E y , S»/2NW % , P r i n c i p a l M e r id ia n , M o n t a n a 43 Placer. s w y , and w y s E y ; COAL LANDS 44 Placer. Secs. 3, 4, and 9; 46 Mountain Chief Lode. Sec.ll.NEyNEy; T 9 S R 8 E Seci’e, lots 6 and 7, S W y N E y , S E y N W y , 47 Graham Lode. Sec. 12; 48 Tip Top Lode. Sec. 13, N y N E y , N W y , and W y S W y ; e y2 swy4, w y s e y4; Sec. 7, lot 1, N E y N W y ; 61 Forty Acre Placer. Sec. 14, Ei/2, E y N W y , S W y N W y , and 62 Placer. s w y ; Sec. 9, lots 5 and 8, SEyNW y, NW ySEy, Sy2SEi/4; 4535 Snow Shoe Lode. Sec. 23, NEy, NEyNW y, and SEySEy; 4536 Boot Jack Lode. - Sec. 24, E y N E y , N y N W y , and Sy2Sy2; Sec. 14, S>/2S W y4 ; Sec. 25,Ny2; sec. 15, swyNEy, wy2Nwy4, SEyNwy, 4537 Cuckoo Lode. Sec. 26, E y E y . NEySWy, N%SE 14, SEySEy; 4538 Fowler Lode. T. 23 S., R. 36 E., Sec. 16, NEy N E y ; 4557 Granite Lode. Sec. 31, lots 3,4, and E y s w y . Sec. 23, lot 4, NWyNEy, SyNEy, Ny N w y , S E y N w y , N E y sE y ; 4558 Summit Lode. T. 24 S., R. 36 E„ 4559 Consolidated Mizpah. Sec. 6, lots 3,4, 5, and S E y N W y ; Sec. 24, lots 3 and 4.

FEDERAL REGISTER. VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8821

4560 Highland Chief Lode. Consolidated Farmers Home Adminis­ 4899 Kentucky Lode. DEPARTMENT OF AGRICULTURE tration Act of 1961 (7 U.S.C. 1961), it 4900 Old Crow Lode. has been determined that in the herein­ 4901 Tower Grove Lode. Office of the Secretary after-named counties in the State of 4902 Pratt Lode. SOUTH CAROLINA Florida natural disasters have caused a 4903 Mars Lode. need for agricultural credit not readily 4904 Yenus Lode. 4905 Jupiter Lode. Designation and Extension of Areas available from commercial banks, co­ 5007 Placer, for Emergency Loans operative lending agencies, or other 5527 Fraction Lode. responsible sources. For the purpose of making emergency 5528 Iron Duke Lode. Florida 5529 Legal Tender Lode. loans pursuant to section 321 of the 5531 Golden Butterfly Lode. « Consolidated Farmers Home Adminis­ Citrus. Pasco. 5532 Holy Grail Lode. tration Act of 1961 (7 U.S.C. 1961), it Hernando. Seminole. 5533 Lipitt Lode. has been determined that in the herein- Lake. Sumter. Marion. Volusia. 5542 Placer. after-named counties in the State of 5572 Empire State Lode. 5573 Revenue Lode. South Carolina natural disasters have It also has been determined that in 5573 Revenue Mill Site. caused a need for agricultural credit not the hereinafter-named county in the 5581 Good Luck Placer. readily available from commercial banks, State of Colorado natural disasters have 5583 Joe Dandy Placer. cooperative lending agencies, or other caused a continuing need for agricultural 5613 George Washington Fc. Lode. responsible sources. credit not readily available from com­ 5614 McCauley Lode. mercial banks, cooperative lending S o u t h C a r o l in a 5627 Brown Placer agencies, or other responsible sources. 5628 Gardiner Placer. Aiken. Fairfield. 5629 Canon Lode. Allendale. Greenville. 5674 Keets Lode. Bamberg. Laurens. Colorado Original Present designation extension 5675 West Point Lode. Barnwell. Lexington. 5676 William W. Dixon Lode. Calhoun. McCormick. 5713 Revelation Lode. Cherokee. Richland. B aca______29 F .R . 7784___ 31 F .R . 14958. 5785 Klondyke Placer. Chesterfield. Saluda. 5786 Empire Placer. Edgefield. Spartanburg. 5819 Uncle Joe Placer. Pursuant to the authority set forth 5820 Major J. Lode. It also has been determined that in the above, emergency loans will not be made 6117 Robinson Lode. hereinafter-named counties in the State in the above-named counties after June 6283 Union Lode. of South Carolina natural disasters have 30, 1968, except to applicants who pre­ 6284 Victoria Placer. viously received emergency or special 6341 Placer Frae. Placer. caused a continuing need for agricultural livestock loan assistance and who can 6374 Side Step Lode. credit not readily available from com­ 6376 Emma Lode. qualify under established policies and 6377 George Lode. mercial banks, cooperative lending procedures. 6657 Rose Placer. agencies, or other responsible sources. Done at Washington, D.C., this 15th 6930 Lunar Lode. Present 6931 Solar Lode. day of June 1967. South Carolina designation 6985 Vanity Fair Lode. O r v ille L. F r e e m a n , C ollection------31 F.R. 10080 6999 Wellington Lode. Secretary. 7000 Rachael Lode. D illo n ______31 F.R. 13356 Dorchester_____ 31 F.R. 13356 [FJt. Doc. 67-6944; Filed, June 20, 1967; 7001 H. L. Lode. H am p to n ______31 F.R. 13356 8:46 a.m.] 7002 A. O. Lode. M a rlb o ro ______31 F it. 13356 7003 Spotted Horse Lode. Newberry ______31 F.R. 13356 7004 Hayland Lode. Orangeburg___ 31 F.R. 13356 KANSAS, NEBRASKA, AND 7005 Kenilworth Lode. U n io n ______31 F.R. 13356 NEW YORK 7006 Hope Lode. Pursuant to the authority set forth Designation and Extension of Areas 7007 New Year Lode. above, emergency loans will not be made for Emergency Loans 7008 Sara Lode. in the above-named counties after June 7108 Last Chance Placer. 30, 1968, except to applicants who pre­ For the purpose of making emergency 8869 Little Bonanza Lode. viously received emergency or special loans pursuant to section 321 of the Con­ 8876 Homestead Lode. solidated Farmers Home Administration livestock loan assistance and who can 8876 Delaware Lode. Act of 1961 (7 U.S.C. 1961), it has been 8876 Topeka Lode. qualify under established policies and determined that in the hereinafter- 8876 First Chance Lode. procedures. named counties in the State of Kansas 8023 Creyasse Frac. Lode. Done at Washington, D.C., this 16th natural disasters have caused a need for 9024 Highland Placer. agricultural credit not readily available day of June 1967. 9035 Yale Lode. from commercial banks, cooperative 9035 McGinty Lode. O r v ille L . F r e e m a n , lending agencies, or other responsible 9681 Medona Lode. Secretary. sources. 9681 Kennebec Lode. [FJR. Doc. 67-6978; Filed, June 20, 1967; K a n s a s 8:49 am .] The area described aggregates 18,769 Barber. Kingman. Comanche. Sedgwick. acres, more or less, of which about 1,478 Harper. Sumner. acres are classified as coal lands, and It also has been determined that in about 17,291 acres are classified as non­ the hereinafter-named counties in the coal lands. COLORADO AND FLORIDA States of Nebraska and New York nat­ R . H . L y d d a n , Designation and Extension of Areas ural disasters have caused a continuing _ Acting Director. for Emergency Loans need for agricultural credit not readily Junk 9, 1967. available from commercial banks, coop­ [F.R. Doc. 67-6977; Filed, June 20, 1967; For the purpose of making emergency erative lending agencies, or other re­ 8:49 a.m.] loans pursuant to section 321 of the sponsible sources.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 No. 119- 8822 NOTICES

action. He does not direct changes in Original designation Second designation Present designation policies, procedures, or operations of De­ partmental agencies but is authorized Nebraska: A n te lo p e...... _. 29 F .R . 14993...... 30 F .R . 7616 31 F .R . 9139. and directed to determine that reports Box B u tte...... 31 F .R . 8928. he has.furnished have been reviewed and M o rrill...... 31 F .R . 8928. N e w Y ork : properly acted upon. A lb a n y .______29 F .R . 11165...... 30 F .R . 11070. 31 F .R . 13147. The Inspector General is the author­ A lle g a n y -...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. B room e...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. ized liaison official for the Department Cattaraugus...... 30 F .R . 11070...... 31 F .R . 13147. on all audit and investigative matters C ayuga...... 29 F .R . 15267...... 30 F .R . 11070 31 F .R . 13147. except those matters relating to the De­ Chautauqua...... 30 F .R . 11070...... 31 F .R . 13147. C h em u n g...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. partment’s security program. This au­ C h en ango...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. thority includes liaison and coordination C lin to n ...... 29 F .R . 11165-...... -30 F.R . 11070 31 F .R . 13147. Columbia...... 29 F .R . 11165...... 30 F .R . 11070 - 31 F .R . 13147. for these functions between ( 1) agencies C ortlan d...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. within the Department and (2) the De­ D elaw are...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. Dutchess...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. partment and other Government agen­ Erie...... 30 F .R . 11070...... 31 F .R . 13147» cies, Congressional Committees, and Essex...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. other executive and legislative organi­ F ran k lin ...... 29 F .R . 11165______..... 30 F .R . 11070 31 F .R . 13147. Fulton...... 29 F .R . 11165— ...... 30 F .R . 11070 31 F .R . 13147. zations. The Inspector General is opera­ Genesee...... 30 F .R . 11070...... 31 F .R . 13147. tionally independent of other officés and G reene...... 29 F.R . 11165-...... 30 F .R . 11070 31 F .R . 13147. H a m ilton ...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. agencies of the Department and reports H erk im er...... 29 F.R . 11165-...... _ ...... 30 F .R . 11070 31 F .R . 13147. directly to the Secretary. Jefferson...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. Lewis...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. The Headquarters organization con­ L ivin gs to n ...... 30 F .R . 11070...... 31 F .R . 13147. sists of the Inspector General and the M adison ...... 29 F .R . 11165— ...... 30 F .R . 11070 - 31 F .R . 13147. M on roe...... 30 F .R . 11070...... 31 F .R . 13147. following staff units: Montgomery...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. (a) Assistant Inspector General Op- N iagara ...... 30 F .R . 11070...... 31 F .R . 13147. O neida______29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. . erations. Provides overall direction and O n on d a ga ...... 29 F .R . 11165— ...... 30 F .R . Iio ft ) 31 F rR . 13147. coordination to Regional Offices engaged O n tario...... 30 F .R . 11070...... 31 F .R . 13147. Orange...... 29 F.R. 13081...... — 30 F.R 11070 31 F .R . 13147. in the execution of audits and investiga­ Orleans...... 30 F .R . 11070...... 31 F .R . 13147. tions. He has designated Deputy Assist­ O s w e g o ...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. Otsego...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. ant Inspectors General for Operations Putnam ...... 30 F .R . 11070...... 31 F .R . 13147. to: (1) Carry out liaison with the Wash­ Rensselaer...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. ington level of USDA agencies, (2) give Rockland...... 30 F .R . 11070...... 31 F .R . 13147. St. Lawrence...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. technical direction and guidance with Saratoga...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. respect to audits and investigations of Schenectady...... 29 F .R . 11165...... 30 F R 11070 31 F .R . 13147. Schoharie...... 29 F .R . 11165...... 30 F .R 11070 31 F .R . 13147. programs or functions for which they are Schuyler...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. responsible. Seneca...... 30 F .'R . 11070...... 31 F .R . 13147. Steuben...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. (b) Assistant Inspector General, S u ffolk...... 29 F .R . 11165...... 30 F .R : 11070 31 F .R . 13147. Policy and Plans. Develops (1) policies, S u llivan ...... 29 F .R . 13081— ...... 30 F .R . 11070 31 F .R . 13147. T io g a ...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. standards, and concepts of performance Tom p kins...... 29 F .R . 11165...... ■30 F .R . 11070 31 F .R . 13147. for audit and investigative activities, Ulster...... 29 F .R . 13081...... 30 F .R . 11070 31 F .R . 13147. W arren...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. ( 2 ) audit and investigative plans and Washington...... 29 F .R . 11165...... 30 F .R . 11070 31 F .R . 13147. programs of work, and (3) training W ayn e...... “30 F .R . 11070...... 31 F .R . 13147. policies. Westchester...... 30 F .R . 11070...... 31 F .R . 13147. W yom in g...... 30 F .R . 11070...... 31 F .R . 13147. (c) Assistant Inspector General, Anal­ Y a tes...... 29 F ;R . 11165...... 30 F .R . 11070 31 F .R . 13147. ysis and Evaluation. Advises key De­ partment officials of significant audit/ Pursuant to the authority set forth Memorandum 1503 dated June 25, 1962, investigative disclosures and trends; fol­ above, emergency loans will not be made as amended. Secretary’s Memorandum lows up to assure these matters receive in the above-named counties after June 1524 dated December 21, 1962, trans­ adequate attention; carries out the OIG 30, 1968, except to applicants who pre­ ferred the audit and investigative func­ liaison and coordination function with viously received emergency or special tions of the Department to that Office. other Departments. livestock loan assistance and who can The central office of O IG is located at (d) Assistant Inspector-General, In­ qualify under established policies and Washington, D.C., but a large part of the spections and Special Projects. Conducts procedures. activity is carried on through various special audits and investigations of an Done at Washington, D.C., this 15th field offices. Detailed functions of OIG extremely sensitive, complex, serious, or day of June 1967. are prescribed in the Administrative urgent nature; conducts all investiga­ Regulations, Title 8, U.S. Department of tions at foreign sites; and conducts in­ O r v ille L. F r e e m a n , Agriculture. ternal inspections of all activities of Secretary. ~Se c . n2. The Office of the Inspector OIG. [F.R. Doc. 67-6945; Filed, June 20, 1967; General. The Inspector General has es­ (e) Executive Assistant. Provides ex­ 8:46 a.m.] tablished a Headquarters Office at ecutive assistance to the inspector Washington, D.C., and seven Regional General and is responsible for the devel­ Offices. opment of policies and programs appli­ OFFICE OF THE INSPECTOR GENERAL O IG is a staff element providing audit cable to the overall administrative Organization, Functions, and Delega­ and investigative service pertaining to management of OIG. tions of Authority the Department, all of its constituent S ec. 3. Regional Offices. The follow­ organizations, and all parties performing ing O IG Regional Offices have been es­ Pursuant to the authority delegated to under contracts, grants, or other agree­ tablished and perform the audit and in­ the Inspector General in section 40 of ments with the Department. The Inspec­ vestigative services in the territorial the Statement of Organization and Dele­ tor General has authority to inquire into areas indicated, except those which are gations appearing in 29 F.R. 16212 dated all program and administrative activities assigned to the Assistant Inspector Gen­ December 3,1964, and 5 U.S.C. 559, there of the Department. These inquiries may eral, Inspections and Special Projects. is published the following: be in the nature of audits, investigations, Each Regional Office is headed by a Re­ analyses, or reviews in such forms as are O rganization an d F u n c t io n s gional Inspector General. Communica­ appropriate. tions may be addressed to Regional In­ S e c t io n 1. General. The Office of the The Inspector General issues factual spector General, Office of the Inspector Inspector General, hereinafter referred reports. Where appropriate, he is au­ General, U.S. Department of Agriculture, to as “O IG ”, was created by Secretary’s thorized to include recommendations for at the applicable location listed below:

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE S l f 1967 NOTICES 8823

Region No. Address and Territory (d) Inspector General. Notwithstand­ Docket No. 67-00009-33-09000. Appli­ j ______80 Lafayette Street, Room 1000, ing the provisions of (a ), (b ), and (c) cant: New York University, 246 Greene New York, N.Y. 10013. above, agency officials may at any time Street, New York, N.Y. 10003. Article: (Territory: Maine, New Hamp­ direct to the personal attention of the Cathetometer with microscope. Intended shire, Vermont, Rhode Island, Inspector General, any audit or investi­ use of article: For use with a cartesian Massachusetts, Connecticut, diver apparatus and micro-respirometer. New York, New Jersey, Penn­ gative matter which they consider war­ sylvania, and Ohio.) rants such attention. Comments: Comments were received from one manufacturer, Gaertner Scien­ U ______Room 428-A, Federal Center A vailability o f S ervice and Building, Hyattsville, Md. tific Corp., which alleged that it is cur­ I n f o r m a t io n 20781. rently offering for sale instrumentation (Territory: District of Columbia, S e c . 5. Availability of service and in­ of a type widely used in the United States Delaware, Maryland, Virginia,. formation— (a ) Service. Any person de­ in connection with Cartesian diver ap­ West Virginia, and areas out­ siring to bring to the attention of OIG paratus (Gaertner’s comments dated side the continental United States except those assigned to any audit or investigative matter which Mar. 31,1967). Decision: Application de­ Regions III and Vll.) they consider warrants such attention, nied. An instrument of equivalent sci­ ttt______Room 508, 1447 Peachtree Street may address his communication to entific value to such article, for the pur­ NE„ Atlanta, Ga. 30309. either: pose for which such article is intended (Territory: South Carolina, North (1) The Inspector General, U.S. Depart­ to be used is being manufactured in the Carolina, Florida, Georgia, Ala­ ment of Agriculture, Washington, D.C. 20250, United States. bama, Tennessee, Mississippi, (2) Assistant Inspector General, Opera­ Reasons: Applicant bases its belief Puerto Rico, and Virgin tions, Office of the Inspector General, U.S. Islands.) that the domestic instrument is not Department of Agriculture, Washington, D.C. IV ______1607 West Howard Street, Chica­ scientifically equivalent to the foreign 20250, or go, 111. 60626. article on the following differences: ( 1 ) (3) To the appropriate Regional Inspector (Territory: Hlinois, Indiana, Foreign article was specifically designed General listed in section 3. Kentucky, Michigan, Wiscon­ for use with the applicants Cartesian sin, and Minnesota.) (b) Information. Any person desiring diver and micro-respirometer; ( 2 ) for­ V _____ 3906 South General Bruce information, or to make submittals or eign article is direct reading; (3) range Drive, Temple, Tex. 76501. request with respect to the operations (Territory: Louisiana, Texas, of foreign article is greater; (4) lower Oklahoma, New Mexico, and and functions of O IG should address his adjustment of foreign article; and (5) Arkansas.) request to: shorter operating distance of foreign ar­ VI _____ Office Address: 8930 Ward Park­ Assistant Inspector General, Analysis and ticle. Points (1) and (2) are not con­ way, Mailing Address: Post Of­ Evaluation, U.S. Department of Agricul­ sidered to be “Pertinent Characteristics'’ fice Box 205, Kansas City, Mo. ture, Washington, D.C. 20250. as defined in § 602.1(b) (7) of Title 15 of 64141. the Code of Federal Regulations, 32 F.R. (Territory: Missouri; Kansas, Personal inquiry may be made during 2433 et seq. The pertinent characteristics Nebraska, Iowa, South Dako­ normal business hours. Unless otherwise ta, and North Dakota.) prescribed by regulations, a fee of 75 afid specifications of the foreign article VII ____ 555 Battery Street, Room 513, cents per page will be payable for those and the domestic instrument have been San Francisco, Calif. 94111. available documents for which copies are compared. The range of the foreign ar­ (Territory: California, Idaho, requested and furnished. The availabil­ ticle is 140 mm., compared with 240 mm., Nevada, Montana, Arizona, for the domestic instrument. The lowest Oregon, Utah, Hawaii, Alaska, ity of information and records of OIG, its Regions and offices is governed by the adjustment of the foreign article is 230 Washington, Wyoming, Colora­ mm., over table plate, compared with do, Trust Territories of the rules and regulations of the Department Pacific, and Territory of published in the Code of Federal Regu­ 240 mm., over table plate for the domestic Guam.) lations and the applicable provisions of instrument. The shortest operating dis­ 5 U.S.C. 552. tance' of the foreign article is 60 mm., A g r icultur e A g e n c ie s compared with 550 mm., for the domestic S ec. 4. Agency requests for service. Issued at Washington, D.C., this 16th instrument. The differences between the Heads of agencies and offices, and their day of June 1967. foreign article and domestic instrument field offices as applicable, will direct re­ L ester P. C o n d o n , do not affect the capability of the quests to the appropriate office of the In­ Inspector General. domestic instrument to fulfill the pur­ spector General indicated below. poses for which the foreign article is [F.R. Doc. 67-6979; Filed, June 20, 1967; intended to be used from the stand­ (a) RegionaV Inspectors General. Ex­ 8:49 ajn.] cept as indicated in (b ), (c ), and (d) point of scientific equivalency. Accord­ below, address all matters to the Re­ ingly, we find that the instrument gional Inspector General serving the lo­ described above, which is being manufac­ cations or areas in which the audit or DEPARTMENT OF COMMERCE tured in the United States, is of equiva­ investigation will be conducted. Section Business and Defense Services lent scientific value to the foreign ar­ 3 lists the addresses and territory served ticle for the purposes for which such by each Regional Inspector General. Administration article is intended to be used. (b) Assistant Inspector General for NEW YORK UNIVERSITY C h a r l e y M . D e n t o n , Inspections and Special Projects. Ad­ Notice of Decision on Application for Director, Office of Scientific and dress requests to the Assistant Inspector Technical Equipment, Busi­ General, Inspections and Special Proj­ Duty-Free Entry of Scientific Article ness and Defense Services Ad­ ects, for all investigations at foreign ministration. sites. The following is a decision on an ap­ plication for duty-free entry of a scien­ [F.R. Doc. 67-6930; Filed, June 20, 1967; (c) Assistant Inspector General j tific article pursuant to section 6 (c) of 8:45 a.m.] Operations. Direct requests for aud the Educational, Scientific, and Cultural and investigations, other than those Materials Importation Act of 1966 (Pub­ (b) above, to the Assistant Inspect lic Law 89-651; 80 Stat. 897) and the UNIVERSITY OF WISCONSIN ET AL. General for Operations for those m£ regulations issued thereunder (32 F.R. Notice of Applications for Duty-Free ters which ( 1) warrant request to t 2433 et seq.). Entry of Scientific Articles Washington Headquarters of the Inspe A copy of the record pertaining to this tor General because of urgency, sen decision is available for public review The following are notices of the re­ tivity, or security, (2 ) involve agency s during ordinary business hours of the ceipt of applications for duty-free entry Department of Commerce, at the Office of scientific articles pursuant to section tivities that are national in scope, or ( of Scientific and Technical Equipment, 6 (c) of the Educational, Scientific and require action by more than one o: Department of Commerce, Room 5123, Cultural Materials Importation Act of Region to perform the services request» Washington, D.C. 20230. 1966 (Public Law 89-651; 80 Stat. 897).

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8824 NOTICES

Interested persons may present their loys at high temperatures; mechanism views with respect to the question of of embrittling effects of irridation in DEPARTMENT OF HEALTH, EDUCA­ whether an instrument or apparatus of welds in pressure vessel steel using elec­ equivalent scientific value for the pur­ tron fractography; and metallurgical as­ TION, AND WELFARE poses for which the article is intended pects of high pressure gas bearing seals. to be used is being manufactured in the Application received by Commissioner of Food and Drug Administration United States. Such comments must be Customs: May 1,1967. AMCHEM PRODUCTS, INC. filed in triplicate with the Director, Docket No. 67-00055-33-46040. Appli­ Office of Scientific and Technical Equip­ cant: University of Wisconsin, 750 Uni­ Notice of Filing of Petition Regarding ment, Business and Defense Services Ad­ versity Avenue, Madison, Wis. 53706. A r­ Pesticides ministration, Washington, D.C. 20230, ticle: Electron microscope, Model E M - within 20 calendar days after date on 300. Manufacturer: Philips Electronic Pursuant to the provisions of the Fed­ which this notice of application is pub­ Instruments Ltd., Eindhovend, Nether­ eral Food, Drug, and Cosmetic Act (sec. lished in the F ederal R eg ister . lands. Intended use of article: The arti­ 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Regulations issued under cited Act, cle will be used to investigate biological (d) ( 1) ) , notice is given that a petition published in the February 4, 1967, issue and nonbiological structures. Determina­ (PP 7F0591) has been filed by Amchem of the F ederal R egister, prescribe the tions of the sequence of chemical groups Products, Inc., Brookside Avenue, Am­ requirements applicable to comments. along pieces of chromosomes and deter­ bler, Pa. 19002, proposing the establish­ A copy of each application is on file, minations of the subunit structure of ment of a tolerance of 0 .2 part per mil­ and may be examined during ordinary viruses will be made. Application re­ lion for negligible residues of the Commerce Department business hours at ceived by Commissioner of Customs : herbicide amiben (3-amino-2,5-dichloro- the Office of Scientific and Technical May 1, 1967. benzoic acid) and its related aminodi- Equipment, Department of Commerce, chlorobenzoic acids in or on the raw Docket No. 67-00037-65-46040. Appli­ Room 5123, Washington, D.C. agricultural commodities beans (dry), cant: University of California, East End A copy of each comment filed with the beans (lima), corn, peanuts, peppers, of Hearst Avenue, Berkeley, Calif. 94720. Director of the Office of Scientific and pumpkins, soybeans, squash, sweetpota- Article: Electron microscope, Model H U - Technical • Equipment must also be toes, and tomatoes. ... 125. Manufacturer: Hitachi, Ltd., Japan. mailed or delivered to the applicant, or Intended use of article: This article will The analytical method proposed in the its authorized agent, if any, to whose be used to investigate the properties of petition for determining residues of the application the comment pertains; and thick metal specimens that have not been herbicide involves the following steps: the comment filed with the Director must polished to conventional specimen thick­ (1) Extraction of free and bound resi­ certify that such copy has been mailed ness for electron microscopy. Application dues with alkaline methanol, (2 ) prelimi­ or delivered to the applicant. received by Commissioner of Customs:- nary cleanup by acid-base partitioning Docket No. 67-00077-00-46040. Appli­ April 17, 1967. with ether, (3) esterification with meth­ cant: University of Wisconsin, 750 Uni­ Docket No. 67-00108-33-11000. Appli­ anol, (4) - final cleanup by adsorption versity Avenue, Madisonr Wis. 53706. cant: Baylor University College of Medi­ chromatography, and (5) colorimetric Article: Anticontamination device for determination after diazotization and lower specimen chamber on Hitachi cine, 1200 Moursund Avenue, Houston, Tex. 77025. Article: Combined Gas coupling with N -l - (naphthyl) -ethylen- Electron Microscope, No. HY-2. Manu­ diamine dihydrochloride. facturer: Hitachi, Ltd., Japan. Intended Chromatograph-Single Focusing Mass use of article: Applicant states: Spectrometer LKB 9000 consisting of Dated: June 13, 1967. Analyzer Unit Model 9001, Control Unit J. K . K ir k , It will be used on a Hitachi Electron Micro­ Model 9002, and Three-phase Trans­ scope now in our possession, to obtain bet­ former Model 9065 with accessories: Di­ Associate Commissioner ter pictures. for Compliance. rect Inlet System Model 9042, Heated In­ Application received by Commissioner of let System Model 9043, and Accelerating [F.R. Doc. 67-6970; Filed, June 20, 1967; Customs: May 16,1967. Voltage Alternator Model 9066. Manu­ 8:48 am .] Docket No. 67-00089-33-46040. Appli­ facturer: LKB— Produkter AB, Stock­ holm, Sweden. Intended use of article: cant: State University of New York at CHEMAGRO CORP. Buffalo, 3435 Main Street, Buffalo, N.Y. Applicant states: 14214. Article: Electron microscope and This instrument is intended for use in Notice of Filing of Petition Regarding component parts, Model H U 11-C. Manu­ analytical biochemical problems of impor­ Pesticides facturer: Hitachi, Ltd., Japan. Intended tance in medical research. The specific field use of article: The article will be em­ of work is gas-phase analytical biochemistry. Pursuant to the provisions of the Fed­ ployed in the following research pro­ Research to be conducted with this in­ eral Food, Drug, and Cosmetic Act (sec. grams: Fine structure and cytochemistry strument includes development of quan­ 408(d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) of pollen tubes; differentation of chloro- titative gas chromatographic analytical ( 1) ) , notice is given that a petition (PP plasts; supramolecular organization of procedures. Study of reaction of poly­ 7F0613) has been filed by Chemagro cells; and protein biosynthesis. Applica­ functional substances through continu­ Corp., Post Office Box 4913, Kansas City, tion received by Commissioner of Cus­ ous transference of high mass derivative Mo. 64120, proposing the establishment toms: May 22, 1967. products. Determinations will be made Docket No. 67-00056-65-46040. Appli­ of unidentified concentrations of new of a tolerance of 0.1 part per million for cant: The University of Tennessee, substances developed by drug met- negligible residues of the fungicide p- Knoxville, Term. 37916. Article: Electron alolites. Study of steroid and urinary (dimethylamino) benzenediazo sodium microscope, Model EM-300 with rotating' acid derivatives will be conducted and sulfonate in or on the raw agricultural and tilting stage, model P W 6501/00, investigations using stable isotopes will commodities avocados, cottonseed, pine­ pole piece P W 6202, and plate holder be made. Application received by Com­ PW 6210/15. Manufacturer: Philips missioner of Customs: June 2 , 1967. apple, sugar beet roots, and sugar beet Electronic Instruments, The Nether­ tops. lands. Intended use of article: The ar­ C h a r l e y M . D e n t o n , The analytical method proposed in the Director, Office of Scientific ticle will be used for research on the fol­ petition for determining residues of the lowing programs: Application of adia­ and Technical Equipment, batic calorimetry to metal systems; ap­ Business and Defense Serv­ fungicide involves the application of plication of X-ray diffuse scattering to ices Administration. dialysis for the separation and cleanup of the study of structure of binary alloys; [F.R. Doc. 67-6931; Piled, June 20, 1967; the residues, light-catalyzed coupling the ductility of nickel and nickel-base al- ' 8:45 a.m.] with resorcinol in alkaline solution,

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8825 transfer to benzene, and measurement of the procedural food additive regulations and trimerized fatty acids derived from the optical density at 450 millimicrons. (21 CFR 121.52), the Forest Products linoleic acid as optional components of Division of the Koppers Co., Inc., Pitts­ thermosetting epoxy resins used in con­ Dated: June 14,1967. burgh, Pa. 15219, has withdrawn its tact with alcoholic beverages containing J. K . K ir k , petition (FAP 7H2071), notice of which not more than 8 percent by volume of Associate Commissioner was published in the F ederal R egister alcohol. for Compliance. of September 8 , 1966 (31 F.R. 11772), Dated: June 12, 1967. proposing an amendment to § 121.2556 [F.R. Doc. 67-6971; Filed, June 20, 1967; J. K . K ir k , 8:49 a.m.] Preservatives for wood to provide for the safe use of pentachlorophenol as a Associate Commissioner preservative for wood intended for use for Compliance. DEPARTMENT OF THE INTERIOR in contact with raw agricultural prod­ [F.R. Doc, 67-6975; Filed, June 20, 1967; ucts in an amount not to exceed one 8:49 a.m.] Notice of Filing of Petition for Food percent by weight of the treated wood. Additive Oxytetracycline Dated: June 12, 1967. W. R. GRACE & CO. Pursuant to the provisions of the Fed­ J. K . K ir k , Notice of Filing of Petition for Food eral Food, Drug, and Cosmetic Act (sec. Associate Commissioner 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 for Compliance. Additives (b) (5 ) ), notice is given that a petition Pursuant to the provisions of the Fed­ has been filed jointly by U.S. Department [F.R. Doc. 67-6973; Filed, June 20, 1967; eral Food, Drug, and Cosmetic Act (sec. of the Interior, Fish and Wildlife Serv­ 8:49 a.m.] 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 ice, Bureau of Commercial Fisheries, (b) (5 )), notice is given that a petition Washington, D.C. 20240 and Oregon Fish MONSANTO CO. (FAP 7B2184) has been filed by W . R. Commission, Portland, Oreg. 97201, Grace & Co., Dewey & Almy Chemical proposing the issuance of a food additive Notice of Filing of Petition Regarding Division, 62 Whittemore Avenue, Cam­ regulation to provide for the safe use of Pesticides bridge, Mass. 02140, proposing an Oxytetracycline in feed for fish as a amendment to § 121.2550 Closures with means of marking skeletal tissue of Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. sealing gaskets for food containers to Pacific salmon for making various bio­ provide for the safe use of oleyloxypoly- logical fishery studies. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a (d) ( 1) ), notice is given that a petition oxyethylene glycol (2 0 moles) in the Dated: June 12, 1967. (PP 7F0607) has been filed by Monsanto manufacture of closure-sealing gaskets for food containers. J. K . K ir k , Co., 800 North Lindbergh Boulevard, St. Associate Commissioner Louis, Mo. 63166, proposing the establish­ Dated: June 12, 1967. for Compliance. ment of a tolerance of 0.3 part per mil­ lion for negligible residuès of the herbi­ J. K . K ir k , Associate Commissioner [F.R. Doc. 67-6969; Filed, June 20, 1967; cide S -2 ,3 -dichlorallyl diisopropylthio- 8:48 a.m.] carbamate in or on the raw agricultural for Compliance. commodities alfalfa, barley, clover, com, [F.R. Doc. 67-6976; Filed,. June 20, 1967; 8:49 am .] HESS AND CLARK flax, lentils, peas, ^potatoes, safflower, soybeans, and sugar beets. \ Notice of Filing of Petition for Food Two analytical methods are proposed Additives for determining residues of the herbi­ cides: ( 1) a colorimetric method based ATOMIC ENERGY COMMISSION Pursuant to the provisions of the on the methyl orange complex of the di- [Docket No. 50-279] Federal Food, Drug, and Cosmetic Act isopropylamine moiety of the herbicide (sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C. and (2 ) a colorimetric method based on GENERAL ELECTRIC TECHNICAL 348(b)(5)), notice is given that a peti­ the Fujiwara reaction. SERVICES CO., INC. tion has been filed by Hess and Clark, Division of Richardson-Merrell, Inc., Dated: June 12, 1967. Notice of Issuance of Facility Export Ashland, Ohio 44805, proposing that the J. K . K ir k , License food additive regulations be amended Associate Commissioner Please take notice that no request for to provide for the safe use in chicken for Compliance. a formal hearing having been filed fol­ feed of a combination drug containing lowing publication of notice of proposed nihydrazone and 3-nitro-4-hydroxy- [F.R. Doc. 67-6974; Filed, June 20, 1967; 8:49 a.m.] action in the F ederal R egister on April phenylarsonic acid for conditions de­ 4, 1967 (32 F JR. 5517), the Atomic En­ scribed in § 121.237 Nihydrazone and for ergy Commission has issued License No. growth promotion, feed efficiency, and PITTSBURGH PLATE GLASS CO. XR-64 to General Electric Technical Pigmentation improvement. Notice of Withdrawal of Petition for Services Co., Inc., a wholly owned sub­ Dated: June 12, 1967. sidiary of the General Electric Co., au­ Food Additives thorizing the export of a 440-megawatt J. K . K ir k , Associate Commissioner Pursuant to the provisions of the Fed­ electrical, boiling water nuclear power for Compliance. eral Food, Drug, and Cosmetic Act (sec. reactor to Centrales Nucleares del Norte 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), (Nuclenor)', Santander, Spain. The ex­ [F.R. Doc. 67-6972; Filed, June 20, 1967; the following notice is issued: port of this reactor to Spain is within 8:49 a.m.] In accordance with § 121.52 With­ the purview of the present Agreement ~ • drawal of petitions without prejudice of for Cooperation between the Govern­ KOPPERS CO., INC. the procedural food additive regulations ments of the United States and Spain. (21 CFR 121.52), Pittsburgh Plate Glass Notice of Withdrawal of Petition for Co., 1 Gateway Center, Pittsburgh, Pa. Dated at Bethesda, Md., this 9th day Food Additives 15222, has withdrawn its petition (FAP of June 1967. 7B2101), notice of which was published Pursuant to the provisions of the For the Atomic Energy Commission. in the F ederal R egister of November 2, Federal Food, Drug, and Cosmetic Act 1966 (31 F.R. 14013), proposing an E ber R . P r ic e , (sec. 409(b), 72 Stat. 1786; 21 U.S.C. amendment to § 121.2585 4,4’ -lsopropyli- Director, Division of 348(b)), the following notice is issued: denediphenol-epichlorohydrin thermo­ State and Licensee Relations. In accordance with § 121.52 With­ setting epoxy resins to provide for the [F.R. Doc. 67-6927; Filed, June 20, 1967; drawal of petitions without prejudice of safe use of glycydil esters of dimerized 8:45 am .]

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8826 NOTICES

SOUTH ALBUQUERQUE WORKS— CHEMICAL PROCESSING AND CON­ Traffic Conferences of the International ACF INDUSTRIES, ALBUQUERQUE, VERSION OF SPENT FUELS Air Transport Association (IA T A ), and N. MEX. adopted at meetings held in San Juan Extension of Contract Terms April 17 through May 11, 1967. The Trespassing on Commission Property The U.S. Atomic Energy Commission agreements carry early effectiveness dates and have been assigned the above- The notice concerning unauthorized (AEC) hereby announces amendments entry into or upon the sites of the South to certain notices previously published designated CAB agreement numbers. The agreements, among other things, Albuquerque Works of the Atomic Energy by the AEC in the F ederal R egister con­ Commission dated October 12, 1965, ap­ cerning the chemical processing and extend the expiration date of all cargo resolutions from August 31 through Sep­ pearing at page 13292 of the F ederal conversion of spent fuels which will ex­ tember 30, 1967, with the exception of R egister of October 19, 1965 (30 F.R, tend from June 30,1967, to September 30, 13292, F.R. Doc. 65-11118), is hereby 1967, the AEC’s present arrangements the North/Central Pacific cargo rates amended to delete item 3 (ACF Indus­ to receive irradiated reactor fuels and which have previously been extended un­ tries, Inc., Alameda Facility, 9733 Coors blanket materials and to make a finan­ til September 30, 1967.3 The extra month Road NW., Albuquerque, N. Mex.; page cial settlement therefor. The extension is between the adoption of the San Juan 13292, columns 2 and 3). to keep the AEC’s arrangements in effect cargo resolutions and the intended ef­ pending publication in the F ederal R eg­ fectiveness date will allow the carriers Dated at Washington, D.C., this 14th ist e r of a notice describing AEC’s super­ more time to prepare for the introduc­ day of June 1967. seding policy for receipt of private ir­ tion of the new rate structures. Further, R. E. H ollingsworth , radiated fuel, and providing a period of the agreements, as set forth in the at­ General Manager. 30 days during which interested persons tachment hereto,1 name rates under a . may submit comments. new specific commodity description, [F.R. Doc. 67-6928; Filed, June 20, 1967; name additional rates under existing 8:45 a.m.] 1. The penultimate sentence of para­ commodity descriptions, extend a few graph 2, of the notice entitled “Chemi­ presently effective commodity rates, and cal Processing and Conversion of Spent cancel a commodity rate which the car­ ALAMEDA FACILITY, ALBUQUERQUE, Fuels” published in the F ederal R egister riers state is unproductive. The new on March 12, 1957, 22 F.R. 1591, is re­ N. MEX. rates reflect reductions ranging from vised to read as follows: “The term of 30.7 to 63.5 percent and are consistent Trespassing on Commission Property the contracts will be from the respective with the present level of commodity dates of execution until September 30, Notice is hereby given that the Atomic rates within the applicable areas. 1967.” Energy Commission, pursuant to section The remainder of the early effective­ 229 of the Atomic Energy Act of 1954, as 2. The penultimate sentence of para­ ness resolutions generally relate to rate amended, as implemented by 10 CFR graph 1. of the notice entitled “Irra­ or procedural matters which either are Part 160 published in the F ederal R eg­ diated Fuels and Blanket Materials” pub­ not applicable in air transportation as ist e r on August 16, 1963 (28 F.R. 8400), lished in the F ederal .R eg ister on Octo­ defined by the Act or are not directly prohibits the unauthorized entry, as pro­ ber 25, 1963, 28 F.R. 11462, is revised to applicable in air transportation. For ex­ vided in 10 CFR 160.3, and the unau­ read as follows: “The term of the con­ ample, they include the establishment thorized introduction of weapons or tracts executed pursuant to this policy of specific commodity and general cargo dangerous materials, as provided in 10 is from their respective dates of execu­ rates other than those applicable to or CFR 160.4, into or upon the Alameda tion until September 30,1967.” from U.S. cities. Resolutions affecting Facility site of the Atomic Energy Com­ Effective date. This notice is effective air transportation relate to amendments mission (operated by EG&G, Inc.), said upon publication in the F ederal R eg­ in the currency rate of exchange and the rounding-off of cargo rates. site being a tract of land located at 9733 ist e r . The Board, acting pursuant to sections Coors Road NW., in the city of Albuquer­ Dated at Germantown, Md., this 15th 102, 204(a), and 412 of the Act, makes que, State of New Mexico, and more day of June 1967. the following findings: particularly described as follows: For the Atomic Energy Commission. 1. The Board finds that the following A tract of land containing 12 acres begin­ resolutions incorporated in the agree­ W . B. M cC ool, ning for a tie, at the U.S.L.O. marker on the Secretary. ment indicated do not affect air trans­ south boundary of the town of Alameda portation within the meaning of the Grant which is a point common to sec. 13, [F.R. Doc. 67-6940; Filed, June 20, 1967; Act: R. 2 E„ T. 11 N., and sec. 18, R. 3 E„ T. 11 N„ 8:46 a.m.] N.M.P.M., Bernalillo County, N. Mex.; thence east 1,522.50 feet along the south boundary CAB IATA Appli­ agree­ N o. T itle cation of the town of Alameda Grant to a point on m ent the west right-of-way of State Road 448; CIVIL AERONAUTICS BOARD thence N. 40°40' E., 4,590.15 feet along said [Docket No. 18650; Order E-25301 ] right-of-way to the point of beginning.which 19622 590u Traffic Conference 3 Specific : 3 is the southeast comer of the tract herein INTERNATIONAL AIR TRANSPORT Commodity Rates-New (Expedited). described; thence N. 40° 40' E., 670 feet along ASSOCIATION 590y Traffic Conference 2 Specific 2 said right-of-way to the northeast corner; Commodity Rates. thence N. 49° 20' W., 737 feet to the north­ Order Regarding Cargo Matters west corner; thence S. 40°40' W., 748 feet to the southwest comer; thence S. 55° 23' E., Adopted by the Civil Aeronautics 2. The Board does not find the follow­ 741.13 feet to the southwest corner and the Board at its office in Washington, D.C., ing resolution, which is incorporated in point of beginning. on the 15th day of June 1967. ' the agreement indicated and which does Agreements adopted by the Traffic not directly affect air transportation Notices stating the pertinent prohibi­ Conferences of the International Air within the meaning of the Act, to be tions of 10 CFR 160.3 and 160.4 and Transport Association relating to cargo adverse to the public interest or in vio­ penalties of 10 CFR 160.5 will be posted matters, Docket 18650; Agreement CAB lation of the Act: at all entrances of said tract, and at in­ 19622,1 Agreement CAB 19626.2 Agreements have been filed with the CAB IATA Appli­ tervals along its perimeter as provided in agree­ N o . T itle cation 10 CFR 160.6. Board pursuant to section 412(a) of the m ent Federal Aviation Act of 1958 (the Act) Dated at Washington, D.C., this 14th and Part 261 of the Board’s Economic 19622 552- Conference 2 Cargo Rates 2 dayof June 1967. Regulations, between various air car­ Amending (Expedited). riers, foreign air carriers, and other car­ R . E. H ollingsworth , riers, embodied in the resolutions of the General Manager. 3 Order E-25270, dated June 8,1967. [F.R. Doc. 67-6929; Filed, June 20, 1967; 1 R—1 through R-3 and R-5 through R-8. * Attachment ¿led as part of original 8:45 a.m.] 2 R -I and R-2. document.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8827

3. The Board does not find the fol­ List of changes, proposed changes, and Stations (Mimeograph No. 47214-3) at­ lowing resolutions, incorporated in the corrections in assignment of Canadian tached to the recommendation of the agreements indicated, to be adverse to Broadcast Stations modifying appendix North American Regional Broadcasting the public interest or in violation of the containing assignments of Canadian Agreement Engineering Meeting. Act: Provided, Approval is subject to the condition specified below: S c h e d ­ Expected date of Call Letters Location P o w e r k w A n te n n a u le C la s s commencement of operation CAB LATA A p p li ­ agree­ N o . T it le cation ment 1070 kilocycle» CHOK (PO: 5kw D A - 2 U n E.I.O . 5-15-68. D / l k w N 1070 kc. 19622 002b Special Revalidation W o rld ­ DA-N). Resolution (Expedited). w id e . tHO kilocycle* 19622 021b R a te s o f E x c h a n g e -R e ­ 1,2,3. C H R D (Delete as­ Drammondville, 0.25 k w ______N D U r v validating and Amend­ signment—vide Province of Quebec. in g. 1480 kc/s). 19622 023b Rounding-off Cargo W o rld ­ H80 kilocycles Rates-Amending (Ex­ w id e . CH R D (now in Drammondville, 10 k w ______D A - 2 U H I pedited). - operation). Province of Quebec. 19622 590v Joint Conference 1/2 1/2. m O kilocycle* Specific Commodity Wetaskiwin. Alberta.... 1 k w ...... D A - 1 U m E .I.O . 5-15-68. R a t e s -N e w . 19626 001p Special Effectiveness W o r ld ­ Resolution (Expedited). w id e . F ederal C ommunications C o m m is s io n , Joint C o n feren ce 1/2 1/2. 19626 590W [ se al] B e n F . W a p l e , Specific Commodity Rates (Expedited). Secretary. : ( [F.R. Doc.67-6983; Piled, June 20, 1967; 8:50 a.m.] Provided, That with respect to Resolu­ tions 590v and 590w approval shall not constitute approval of the specific com­ [Docket Nos. 17231-17233; FCC 67M-994] me, No. 221; 3 kw; 160 ft.; W IK I Radio, modity descriptions contained therein ASSOCIATED TELEPHONE ANSWER­ Inc., Chester, Va., Docket No. 17494, Pile No. BPH-5202, Requests: 92.1 me, No. for purposes of tariff publication. ING SERVICE AND LIBERTY COM­ Accordingly, it is ordered, That: 221; 3 kw; 255 ft.; for construction per­ MUNICATIONS, INC. mits. it Jurisdiction is disclaimed with re­ spect to those, portions of Agreement Order Scheduling Hearing 1. The Commission has under con­ CAB 19622 described in finding para­ sideration the above-captioned and de­ In re applications of John R. Hagan, graph 1 ; scribed applications which are mutually doing business as Associated Telephone exclusive in that operation by the appli­ 2. The portion of Agreement CAB Answering Service, for a construction cants as proposed would result in mutu­ 19622, as set forth in finding paragraph permit to establish new facilities in the ally destructive interference. 2, is approved: and Domestic Public Land Mobile Radio 2. The respective proposals, which are 3. Those portions of Agreements CAB Service at Bridgeport, Conn., Docket No. for different communities, would serve 19622 and 19626 described in finding 17231, Pile No. 4885-C2-P-65; Liberty substantially different areas and popula­ paragraph 3 are approved subject to the Communications, Inc., for renewal of li­ tions. Consequently, it will be necessary condition stated therein. censes for Stations KCC485 and KCC796 to determine pursuant to section 307(b) Any air carrier party to the agree­ in the Domestic Public Land Mobile of the Communications Act of 1934, as ment, or any interested person, may, Radio Service at Trumbull and Devon, amended, which of the proposals would within 15 days from the date of service Conn., Docket No. 17232, Pile No. 2979- better provide a fair, efficient and equi­ of this order, submit statements in writ­ C2-R-66, File No. 1065-C2-R-66; for a table distribution of radio service. ing containing reasons deemed appro­ construction permit to modify the facili­ 3. Data submitted by the applicants priate, together with supporting data, in ties of Station KCC485 in the Domestic indicate that there would be a significant support of or in opposition to the Board’s Public Land Mobile Radio Service at difference in the size of the populations action herein. An original and 19 copies Trumbull, Conn., Docket No. 17233, Pile which would receive service from the of the statements should be filed with the No. 6893-C2-P-65: % proposals. Consequently, for the purposes Board’s Docket Section. The Board may, It is ordered, By the Hearing Examiner of comparison, the areas and populations upon consideration of any such state­ on his own motion that the hearing in within the 1 mv/m contour together with ments filed, modify or rescind its action the above matter heretofore postponed the availability of other PM services of herein by subsequent order. indefinitely is hereby scheduled to com­ 1 mv/m or greater intensity ini such areas This order will be published in the mence at 10 a.m., June 27, 1967, in the will be considered under the 307(b) issue. Federal R egister., Commission’s offices in Washington, D.C. 4. On the basis of a Commission In­ vestigation, it appears that during the By the Civil Aeronautics Board. Issued: June 14,1967. period that Eastern Broadcasting Corp. [ seal] H arold R. S a n d e r so n , Released: June 15,1967. was licensee of station WALT, Tampa, Secretary, Fla., that station broadcast two con­ F ederal C ommunications tests which were fraudulently conducted [F R . Doc. 67-6958; Piled. June 20, 1967; C o m m is s io n , in that the winner of one (“Pepsi Comes 8:47 ajn .] [ s e a l] B e n F . W a p l e , Secretary. Calling”) was prearranged and the out­ come of the other (“Chirstmas Daddy” [F.R. Doc. 67-6984; Piled, June 20, 1967; Contest) so arranged as to prevent any­ FEDERAL COMMUNICATIONS 8:50 am .] one from winning.1 In addition, one of these contests apparently contained the COMMISSION [Docket Nos. 17493, 17494; POO 67-6621 essential elements of a lottery. Moreover, an earlier investigation by the Commis­ [Canadian Change List 227J EASTERN BROADCASTING CORP. sion’s staff, with which the licensee was CANADIAN BROADCAST STATIONS AND WIKI RADIO, INC. familiar, revealed that the station man­ ager who conducted at least one of the I-ist of Changes, Proposed Changes, Order Designating Applications for contests earlier had falsified information ond Corrections in Assignments Consolidated Hearing on Stated in the station’s renewal application. Un- M ay 31,1967. Issues 1A notice of apparent liability is outstand­ p w ^ £ Ca^ on '“ider the provision of In re applications of Eastern Broad­ ing as a result of the more recent contest; S nr ’,s^ tion 2 of the North American casting Corp., Hopewell, Va., Docket No. a forfeiture for the earlier contest is barred gional Broadcasting Agreement. 17493, Pile No. BPH-5148, Requests: 92.1 by the 1 year limitation on such actions.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8828 NOTICES der these circumstances, issues are re­ Adopted: June 7,1967. Hearing on GE case October 9,1967. quired regarding whether a grant of Released: June 16, 1967. So ordered. Eastern Broadcasting Corp.’s application would serve the public interest. F ederal C ommunications Issued: June 15,1967. 5. Except as indicated below, the ap­ C o m m is s io n ,® Released: June 16,1967. plicants are qualified to construct and [ s e a l ] B e n F . W a p l e , operate as proposed. However, because Secretary. F ederal C ommunications C o m m is s io n , of their mutual exclusivity, the Commis­ [F.R. Doc. 67-6985; Filed, June 20, 1967; sion is unable to make the statutory find­ 8:50 &jn.] [ s e a l ] B e n F. W a p l e , Secretary. ing that a grant of the applications [F.R. Doc. 67-6987; Filed, June 20, 1967; would serve the public interest, conveni­ [Docket Nos. 17493, 17494; FOG 67M-998] ence and necessity, as is of the opinion 8:50 aon.] that the applications must be designated EASTERN BROADCASTING CORP. for hearing on the isues set forth below. AND WIKI RADIO, INC. [Docket No. 17509] It is ordered, That, pursuant to section 309(e) of the Communications Act of Order Scheduling Hearing ARTHUR H. JONES, JR. 1934, as amended, the applications are In re applications of Eastern Broad­ designated for hearing in a consolidated Order Designating Matter of Suspen­ casting Corp., Hopewell, Va., Docket No. sion for Hearing on Stated Issues proceeding, at a time and place to be 17493, File No. BPH-5148; W IK I Radio, specified in a subsequent order, upon the Inc., Chester, Va., Docket No. 17494, In the matter of Arthur H. Jones, Jr., following issues : File No. BPH-5202; for construction Baltimore, Md., Docket No. 17509; sus­ 1. To determine whether the - ‘Pepsi permits: pension of amateur radio operator Comes Calling” and ‘‘Christmas Daddy” It is ordered, That Elizabeth C. Smith license (W 3 IR L ). Contests broadcast by station W ALT shall serve as Presiding Officer in the The Commission having under consid­ were fraudulently conducted and/or con­ above-entitled proceeding; that the eration its order of April 21, 1967, which stituted a lottery, and if so, the circum­ hearings therein shall be convened on suspended the Advanced Class Amateur stances surrounding these occurrences. September 12, 1967, at 10 a.m.; and that Radio Operator license of Arthur H. 2. To determine whether Eastern a prehearing conference shall be held on Jones, Jr., of 4017 West Cold Spring Broadcasting Corp. submitted falsified July 12, 1967, commencing at 9 a.m.: Lane, Baltimore, Md., for the remainder information in its November 4, 1963 re­ And, it is further ordered, That all pro­ of the license term, that is, until October newal application, and if so, the cir­ ceedings shall take place in the offices of 23, 1968, and licensee’s request for a cumstances surrounding such submis­ the Commission, Washington, D.C. hearing in the above-entitled matter; sion. It appearing, that the said Arthur H. 3. To determine in light of the evi­ Issued: June 12, 1967. Jones, Jr., by his attorney, Mr. Law­ dence adduced pursuant to the foregoing Released: June 16, 1967. rence Powers, in accordance with section issues, whether a grant of the Eastern 303 (m) (2) of the Communications Act Broadcasting Corp. application would F ederal C ommunications of 1934, a« amended, filed with the Com­ serve the public interest. C o m m is s io n , mission within the time specified there­ 4. To determine, if issue 3 is resolved [ s e a l] B e n F. W a p le , for an application requesting a hearing in Eastern Broadcasting Corp.’s favor, Secretary. on the Commission’s above-mentioned in the light of section 307 (b) of the Com­ [F.R. Doc. .67-6986; Filed, June 20, 1967; Suspension Order; and munications Act of 1934, as amended, 8:50 a.m.] It further appearing, that, under the which of the proposals would better pro­ provisions of section 303 (m) (2) of vide a fair, efficient, and equitable dis­ [Docket Nos. 17144,17155; FCC 67M-1002] the Communications Act of 1934, as tribution of radio service. amended, upon the filing of a timely 5. To determine, in the light of the GENERAL ELECTRIC CABLEVISION written application for hearing, the evidence adduced pursuant to the fore­ CORP. Commission’s Suspension Order is held going issues which, if either, of the ap­ in abeyance until 'the conclusion of plications should be granted. Statement and Order After Further proceedings thereon: It is further ordered, That to avail Prehearing Conference It is ordered, Under authority con­ themselves of the opportunity to be tained in section 303 (m) (2) of the Com­ In re petitions of General Electric heard, the applicants, pursuant to § 1.221 munications Act, as amended, and Cablevision Corp., Peoria, 111., Docket (c) of the Commission’s rules, in person § 0.332(f) of the Commission’s rules, No. 17144, File No. CATV 100-25; Gen­ or by attorney shall, within twenty ( 2 0 ) that the matter of the suspension of the eral Electric Cablevision Corp., Peoria days of the mailing of this order, file Advanced Class Amateur Radio Opera­ Heights and Bartonville, 111., Docket No. with the Commission in triplicate, a writ­ tor license of Arthur H. Jones, Jr., is 17155, File No. CATV 100-59; for au­ ten appearance stating an intention to designated for hearing before a Hearing thority pursuant to § 74.1107 of the rules appear on the date fixed for the hearing Examiner and at a time and place to be to operate CATV systems in the Peoria and present evidence on the issues speci­ specified by subsequent order, upon the Television Market. fied in this order. following issues: It is further ordered, That the appli­ At today’s conference, among other 1. To determine whether the licensee cants herein shall, pursuant to section things the following schedule was set committed the violations of the Commis­ 311(a)(2) of the Communications Act up: sion’s rules as set forth in the Commis­ of 1934, as amended, and § 1.594 of the GE to furnish direct affirmative writ­ sion’s Order of Suspension; Commission’s rules, give notice of the ten case to counsel for other parties and 2. If the licensee committed such vio­ hearing, either individually or, if feasi­ to Hearing Examiner by September 15, lations, to determine whether the facts ble and consistent with the rules, jointly, 1967. or circumstances in connection th erew ith within the time and in the manner pre­ Receipt of notification of GE witnesses Would warrant any change in the Com­ scribed in such rule, and shall advise for cross-examination by September 29, mission’s Order of Suspension. the Commission of the publication of 1967. It is further ordered, That a copy of such notice as required by § 1.594(g) of this order shall be served upon Mr. the rules. 2 Chairman Hyde absent. Lawrence Powers, Suite 219, E quitable

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8829

Building, Calvert and Payette Streets, Issued: June 14,1967. 1. The Commission has under con­ sideration the above-captioned and de­ Baltimore, Md. 21202, attorney for re­ Released: June 15,1967. spondent. scribed applications which are mutually F ederal C ommunications exclusive in that operation by the appli­ Adopted: June 14, 1967. C o m m is s io n , , cants as proposed would result in mutu­ Released: June 15. 1967. [ s e a l ] B e n F. W a p l e , ally destructive interference. Secretary. 2. Data submitted by the applicants F ederal C ommunications indicate that there would be a significant C o m m is s io n , [F.R. Doc. 67-6990; Filed, June 20, 1967; difference in the size of the areas and [ seal] B e n F . W a p l e , 8:50 a.m.] Secretary. populations which would receive service from the proposals. Consequently, for the [FJR. Doc. 67-6988; Filed, June 20, 1967; [Docket No. 17401, etc.; FCC 67M-999] purposes of comparison, the areas and 8:50 a.m.] MIAMI BROADCASTING CORP. ET AL. populations within the 1 mv/m contours together with the availability of other Order After Prehearing Conference FM services of 1 mv/m or greater inten­ [Docket Nos. 17117,17118; FCC 67M-991] sity in such areas will be considered un­ In re applications of Miami Broad­ WARD L. JONES AND MARS HILL casting Corp., Miami, Fla., Docket No. der the standard comparative issue, for the purpose of determining whether a BROADCASTING CO., INC. 17401, File No. BPH-4910; Mission East comparative preference should accrue to Order Continuing Hearing Co., Miami, Fla., Docket No. 17403, File No. BPH-5481; Edward Winton, Silva either of the applicants. 3. Albany Radio Corp. proposes virtu­ In re applications of W ard L. Jones, M. Feldman, David Ginsburg, Norma ally 100 percent duplication while Ra­ Syracuse, N.Y., Docket No. 17117; File Fine, and A1 Lapin, Jr., doing business dio Stations KNND and K R K T proposes No. BPH-5314; Mars Hill Broadcasting as W SK P Broadcasters, Miami, Fla., independent programing. Therefore, Co., Inc., Syracuse, N.Y., Docket No. Docket No. 17404, File No. BPH-5661; evidence regarding program duplication, 17118; File No. BPH-5450; for construc­ for construction permits. will be admissible under the standard tion permits. The Hearing Examiner having under comparative issue. When duplicated pro­ It appearing, that on June 2, 1967, the Consideration the discussions, agree­ graming is proposed the showing per­ applicants filed a joint petition for ap­ ments, understandings, and directives mitted under the standard comparative proval of an agreement looking toward set out during a prehearing conference issue will be limited to evidence concern­ resolution of the conflict between -their in the above-entitled proceeding Which ing the benefits to be derived from the applications without a hearing, and that was held on June 14: proposed duplication, and a full compari­ the pendency of their petition makes it It is ordered, That the hearing is son of the applicants’ program proposals appropriate to defer scheduled proce­ hereby rescheduled and will convene at will not be permitted in the absence of a dural steps for hearing as well as the 10 a.m. on Friday, September 22, 1967, specific programing inquiry— Jones T. hearing pending Review Board action on at the Commission’s offices, Washington, Sudbury______FCC 2 d ______, FCC 67- such pleading: D.C.; and that the applicants’ counsel Accordingly, it is ordered, On the Ex­ are to exchange applicants’ exhibits 614 (1967). 4. Such full comparison is warrarted aminer’s own motion, that the heretofore among themselves, with copies to the When one applicant proposes predomi­ scheduled dates of June 16 and June 30, Hearing Examiner and Broadcast Bu­ nantly specialized programing and the 1964, for exchange of written exhibits reau counsel, by September 8 ; and other general market programing— and notifications of witnesses, and the It is ordered further, That the trans­ W ard L. Jones, FCC 67-82 (¿967); heretofore scheduled date of July 13, cript of the prehearing conference, which Policy Statement on Comparative 1967, for the commencement of hearing is incorporated by reference herein, shall are postponed indefinitely pending Re­ serve as a guide to the parties and to Broadcast Hearings, 1 FCC 2d 393, foot­ note 9 at 397 (1965). In this case, Albany view Board action on the Joint Petition their counsel in their preparation for Radio Corp. proposes predominantly of the parties for approval of agreement, hearing. religious programing a n d Stations filed June 2 , 1967. Issued: June 15, 1967. KNND and KRKT, general market pro­ issued: June 14,1967. Released: June 16, 1967. graming. Therefore, the programing Released: June 15,1967. proposals of the applicants may be com­ F ederal C ommunications pared under the standard comparative F ederal C ommunications C o m m is s io n , issue. C o m m is s io n , [ s e a l ] B e n F. W a p l e , 5. Albany Radio Corp. has requested [ seal] B e n F. W a p l e , Secretary: waiver of § 73.210(a) (2) of the Com­ Secretary. [F A . Doc. 67-6991; FUed, June 20, 1967; mission’s rules to permit the main studio [F.R. Doc. 67-6989; Filed, June 20, 1967; 8:50 am .] to be located outside the city limits of 8:50 a.m.] Albany, Oreg., at a point other than the transmitter site. The proposed main [Docket Nos. 17472,17473; FCC 67-625] studio location already used by the com­ [Docket No. 17474; FCC 67M-993] RADIO STATIONS KNND AND KRKT panion AM station, is near a main artery AND ALBANY RADIO CORP. and readily accessible to Albany. Under MEL-LIN, INC. (WOBS) these circumstances, we believe that ade­ Order Continuing Prehearing Order Designating Applications for quate justification has been provided for Conference Consolidated Hearing on Stated waiver if the Albany Radio Corp. appli­ Issues cation is granted. In re application of Mel-Lin, Inc. 6 . Each of the applicants is qualified (WOBS), Jacksonville, Fla., Docket No. In re applications of Peter Ryan and to construct and operate as proposed. 17474, File No. BP-14323; for construc­ Milton Viken doing business as Radio However, because of their mutual ex­ tion permit; Stations KNND and KRKT, Albany, clusivity, the Commission is unable to Upon verbal request by counsel for the Oreg., Docket No. 17472, File No. B P H - make a statutory finding that a grant of applicant: It is ordered, That the pre- 5321, Requests: 107.9 me, No. 300; 25.8 the subject applications would serve the hearing conference now scheduled for kw; 226 ft.; Albany Radio Corp., Albany, public interest, convenience, and neces­ June 23 be and the same is hereby re* Oreg., Docket No. 17473, File No. B P H - sity, and is of the opinion that they scheduled for June 2 2 , 1967, 9 a.m., in 5436, Requests: 107.9 me, No. 300;. 29.4 must be designated for hearing in a con­ j-j1® Commission’s offices, Washington, kw (H & V ); 538 ft.; for construction per­ solidated proceeding on the issues set mits. forth below.

FEDERAL REGISTER, V O L 32, NO. 119— WEDNESDAY, JUNE 21, 1967 No. 119------e 8830 NOTICES

It is ordered, That, pursuant to section June 26, 1967, commencing at 9 a.m.; Dated: June 16,1967. 309(e) of the Communications Act of And, it is further ordered, That all pro­ 1934, as amended, the applications are ceedings shall take place in the offices F r ancis C. H u r n e y , designated for hearing in a consolidated of the Commission, Washington, D.C. Special Assistant to the Secretary. proceeding, at a time and place to be [F.R. Doc. 67-6960; Filed, June 20, 1967* Issued: May 31,1967. specified in a subsequent order, upon the 8:47 a.m.] following issues: Released: June 16,1967.

1. To determine which of the proposals F ederal C ommunications would better serve the public interest. C o m m is s io n , SECURITIES AND EXCHANGE 2. To determine in the light of the [ s e a l ] B e n F. W a p le , evidence adduced pursuant to the fore­ Secretary. COMMISSION going issue, which of the applications [F.R. Doc. 67-6993; Filed, June 20, 1967; [812-2074] for construction permit should be 8:51 a.m.] granted. PACIFIC INSURANCE COMPANY OF It is further ordered, That if the Al­ NEW YORK AND BANKERS AND bany Radio Corp. is granted, the permit SHIPPERS INSURANCE COMPANY shall contain the following condition: FEDERAL MARITIME COMMISSION OF NEW YORK § 73.210(a) (2 ) of the Commission’s rules is waived to permit the establishment of CONTINENTAL CRUISE LINES, INC./ Order Granting Motion To Postpone the main studio outside the city limits of JAMAICA SHIPPING LINES, LTD. Hearing Albany, Oreg., on U.S. Highway 20 ap­ J u n e 16,1967. proximately 4 miles east of the center of Security for Protection of Public; In­ Albany, Oreg. demnification of Passengers for The proceedings in this matter are It is further ordered, That to avail Nonperformance of Transportation; scheduled for hearing on June 21, j.967. They involve an application filed by themselves of the opportunity to be Application for Certificate heard, the applicants, pursuant to § 1.221 Pacific Insurance Company of New York (c) of the Commission’s rules, in person Notice is hereby given that pursuant and Bankers and Shippers Insurance or by attorney shall, within twenty (2 0 ) to the provisions of section 3, Public Law Company of New York, 12 Gold Street, days of the mailing of this order, file with 89-777 (80 Stat. 1357, 1358) and Federal New York, N.Y. 10038, for an exemption the Commission in triplicate a written Maritime Commission General Order 20 order under section 17(a) of the Invest­ appearance stating an intention to ap­ (46 CFR Part 540) the following persons ment Company Act of 1940 with respect pear on the date fixed for the hearing have applied to the Federal Maritime to the purchase by Pacific of certain and present evidence on the issues speci­ Commission for a Certificate of Financial shares of Bankers from Insurance Secur­ fied in this order. Responsibility for Indemnification of ities Trust Fund, and the purchase by Bankers of certain shares of Jersey In­ It is further ordered, That the appli­ Passengers for Nonperformance of Transportation: surance Company of New York from the cants herein shall, pursuant to section said Trust Fund. 311(a) (2) of the Communications Act cff Continental Cruise Lines, Inc. / Jamaica Shipping Lines, Ltd. Counsel for the applicant companies 1934, as amended, and § 1.594 of the having requested that the hearing be Commission’s rules, give notice of the Dated: June 16, 1967. postponed for 1 week, and there being no hearing, either individually or, if feasible objection thereto, and consistent with the rules, jointly, F r a n c is C. H u r n e y , Special Assistant to the Secretary. It is ordered, That the hearing is here­ within the time and in the manner pre­ by postponed to June 28,1967, at 10 a.m. scribed in such rule, and shall advise the [F.R. Doc. 67-6959; Filed, June 20, 1967; Commission of the publication of such 8:47 a.m.] For the Commission, pursuant to dele­ notice as required by § 1.594(g) of the gated authority. rules. Orval L. DuBois, COMPAÑIA GENOVESE DI ARMAN- Secretary. Adopted: May 24,1967. MENTA, SPA (COGEDAR LINE), ET [ s e a l ] By: N e l l y e A. T hor sen, Released: June 15,1967. AL. Assistant Secretary. [F.R. Doc. 67-6995; Filed, June 20, 1967; F ederal C ommunications Security for Protection of Public; Finan­ C o m m is s io n ,1 8:51 ajn .] [ s e a l] B e n F. W a p l e , cial Responsibility To Meet Liability Secretary. Incurred for Death or Injury to Pas­ [70-4491] sengers or Other Persons on Voy­ [F.R. Doc. 67-6992; Piled, June 20, 1967; GREAT LAKES GAS TRANSMISSION 8:50 a.m.] ages; Application for Certificate (Casualty) CO. AND AMERICAN NATURAL GAS CO. [Docket Nos. 17472, 17473; FCC 67M-941] Notice is hereby given that pursuant Proposed Issue and Sale of Common RADIO STATIONS KNND AND KRKT to the provisions of section 2, Public Law AND ALBANY RADIO CORP. 89-777 (80 Stat. 1357, 1358) and Federal Stock and Notes Maritime Commission General Order 20, M a y 19, 1967. Order Scheduling Hearing Amendment 2 (46 CFR Part 540) the fol­ Notice is hereby given that American In re applications of Peter Ryan and lowing persons have applied to the Fed­ Natural Gas Co. (“American Natural”), Milton Viken doing business as Radio eral Maritime Commission for a Certifi­ a registered holding company, and its Stations KNND and KRKT, Albany, subsidiary company, Great Lakes Gas cate of Financial Responsibility to Meet Oreg., Docket No. 17472, File No. B P H - Transmission Co. (“Great Lakes”), 30 5321; Albany Radio Corp., Albany, Oreg., Liability Incurred for Death or Injury to Rockefeller Plaza, New York, N.Y. 10020, Docket No. 17473, File No. BPH-5436; Passengers or Other Persons on Voyages: have filed an application with this Com­ for construction permits: Compania Genovese Di Arm aumenta, SPA mission pursuant to the Public Utility It is ordered, That Isadore A. Honig ( Cogedar Line ). Holding Company Act of 1935 (“Act”), shall serve as Presiding Officer in the American President Lines, Ltd. (A P L ). designating sections 6 (b ), 9, 10, and above-entitled proceeding; that the State of Alaska. 12 (f) of the Act and Rule 43 promulgated hearings therein shall be convened on Continental Cruise Lines. Inc./Jamaica thereunder as applicable to the proposed July 25, 1967, at 10 a.m.; and that a pre- Shipping Lines, Ltd. Mitsui O.S.K. Lines, Ltd. transactions. All interested persons^ are hearing conference shall be held on Zim Israel Navigation Co., Ltd. (Zim Line). referred to the application, which is Themistocles Navegación S.A. (National summarized below, for a complete state­ 1 Commissioner Wadsworth absent. Hellenic American Lin e). ment of the proposed transactions.

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8831

On August 20, 1965, American Natural Canada’s eastern Canadian pipeline sys­ date of the first borrowing hereunder. entered into an agreement with Trans- tem and Michigan Consolidated’s Belle Borrowings will be approximately pro Canada Pipe Lines, Ltd. (“Trans-Can­ River Mills storage area. It is stated that rata from each bank. Each note will bear ada”), a Canadian corporation, under in order to meet the urgent requirements interest at the prime rate of First N a­ which the two companies agreed to par­ of the markets to be served by Great tional City Bank, New York, N.Y., in ticipate in the construction and opera­ Lakes at tha earliest possible moment effect on the date of each borrowing, and tion of a new pipeline to transport nat­ after certificate authorization has been the interest rate will be adjusted to the ural gas from Emerson, Manitoba, to granted, American Natural and Trans- prime rate in effect at said bank at the the American Natural system’s markets Canada have acquired substantially all beginning of each 90-day period. sub­ in the United States and to Trans- of the pipe, equipment, and right-of-way sequent to the date of the first borrow­ Canada’s markets in eastern Canada. required for the construction of the ing. There is no commitment fee, and The proposed pipeline will be construct­ Austin-St. Clair line at a total cost of the notes may be prepaid at any time ed and operated by Great Lakes, the approximately $19,600,000 as of March without penalty. common stock of which will be owned 31, 1967, and are continuing to incur Great Lakes proposes to use the equally by American Natural and Trans- additional costs for such purposes. amounts borrowed on the notes to fi­ Canada. By order issued March 7, 1966 The company anticipates that, upon the nance partially its construction costs, (Holding Company Act Release No. issuance of the requisite authorizations which through May of 1968 are esti­ 15422), this Comission authorized Amer­ by the Federal Power Commission and mated at $50 million, and to provide ican Natural to purchase 100 shares of this Commission, construction of the necessary working capital. It is stated the $100 par value common stock of first segment of the Great Lakes line will that Great Lakes will file a subsequent Great Lakes for a cash consideration of commence immediately. application or applications with this $ 10,000. » In the present filing with this Com­ Commission covering its program for Great Lakes is to construct a 3 6 -inch mission, Great Lakes proposes to issue financing 1968 construction and pay­ diameter pipeline extending from the and sell to American Natural, and Amer­ ment of the notes authorized herein. international boundary at Emerson, ican Natural proposes to acquire, an ad­ Fees and expenses to be incurred in Manitoba, where it will connect with ditional 99,900 shares of Great Lakes’ connection with the proposed trans­ $100 existing western facilities of Trans- common stock, par value per share. actions are estimated at $2,0 0 0 , including Canada, through Minnesota, Wisconsin, Great Lakes also proposes to issue and counsel fees of $1,500. The application and the Upper Peninsula of Michigan, sell a like amount of shares, at the par states that no State commission and no across the Straits of Mackinac to the value thereof, to Trans-Canada (or its Federal commission, other than this Austin Field gas storage area of Michi­ wholly owned subsidiary company, Al­ Commission, has jurisdiction over the gan Wisconsin Pipe Line Co. (“Michigan berta Inter-Field Gas Lines, Ltd.). Great proposed issue and sale of common stock Wisconsin”) , a natural gas transmission Lakes will issue the common stock to the and notes. two companies in amounts equalling in subsidiary company of American Nat­ Notice is further given that any in­ par value the amounts expended by ural, in west-central Michigan, and from terested person may, not later than that point to the international boundary Trans-Canada and American Natural, respectively, for pipe, equipment, and June 28, 1967, request in writing that a near St. Clair, Mich., where it will con­ hearing be held on such matter, stating nect with Trans-Canada’s eastern Ca­ right-of-way up to a total of $9,990,000 each, upon assignment to Great Lakes the nature of his interest, the reasons for nadian facilities. A branch line will ex­ such request, and thé issues of fact or tend natural gas service to the cities of of all right, title, and interest each com­ pany has in the pipe, equipment, and law raised by said application which he Sault Ste. Marie, Mich, and Ontario. desires to controvert; or he may request By the end of a 5-year buildup period, right-of-way for which such funds were expended. In the event the funds so ex­ that he be notified if the Commission Great Lakes will transport approximately should order a hearing thereon. Any such 677,000 Mcf per day of natural gas for pended by either Trans-Canada or American Natural, as of the date Great request should be addressed: Secretary, the account of Trans-Canada and will Securities and Exchange Commission, Lakes issues the additional 99,900 shares sell approximately 57,000 Mcf per day Washington, D.C. 20549. A copy of such to Michigan Consolidated Gas Co. of its common stock to such company, are less than $9,990,000, such company request should be served personally or by (“Michigan Consolidated”), a gas utility mail (airmail if the person being served will pay the difference to Great Lakes in subsidiary company of American Nat­ is located more than 500 miles from the ural, for distribution and sale to con­ cash, concurrently with the issuance of the common stock. point of mailing) upon the applicants at sumers in Michigan. It is estimated that the above-stated address, and proof of Great Lakes also proposes to issue, and the cost of the entire Great Lakes pipe­ service (by affidavit or, in case of an at­ sell to banks, from time to time, up to line will approximate $212 million. torney at law, by certificate) should be $30 million of its promissory notes. The The application states that hearings filed with the request. At any time after before the Federal Power Commission on company has obtained lines of credit as follows: said date, the application, as filed or as it the application of Great Lakes for a cer­ may be amended, may be granted as pro­ tificate of public convenience and neces­ Commit­ vided in Rule 23 of the general rules and sity under the Natural Gas Act, together ment regulations promulgated under the Act, with related applications, were con­ First National City Bank, New or the Commission may grant exemption cluded, and the matter is now pending York, N.Y______$7, 500, 000 National Bank of Detroit, Mich- 7, 500, 000 from such rules as provided in Rules for decision by that Commission. By O r- Royal Bank of Canada, Toronto, 2 0 (a) and 100 thereof or take such other der-in-Council dated October 4,1966, the C a n a d a ______7, 500, 000 action as it may deem appropriate. Government of Canada approved the is­ The Canadian Imperial Bank of Persons who request a hearing or advice suance to Trans-Canada of the Cana- Commerce, Toronto, Canada___ 7, 500, 000 as to whether a hearing is ordered will ®eftiflcates, licenses, and orders receive notice of further developments in authorizing the transportation, exporta- Total______i 30, 000,000 this matter, including the date of the tion, and importation of gas associated The notes will be unsecured and will be hearing (if ordered) and any postpone­ with the Great Lakes project. issued in varying amounts commencing ments thereof. The first segment of the Great Lakes about June 15, 1967 (assuming issuance For the Commission (pursuant to dele­ une proposed to be constructed will ex­ of requisite Federal Power Commission gated authority). tend approximately 160 miles from an in- authorizations prior thereto) and at erconnection with Michigan Wisconsin various dates subsequent thereto as [ s e a l ] O rval L. D u B o is , in the Austin Field storage area in west- funds are required by the company. The Secretary. central Michigan to St. Clair, Mich., notes will be dated as of the date of [F.R. Doc. 67-6994; Filed, June 20, 1967; here it will interconnect with Trans- issuance and will mature 1 year from the 8:51 ajn.j

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8832 NOTICES

various points throughout the United Grounds for relief—Carrier competi­ SMALL BUSINESS States and transports it to Wilmington, tion. N.C., for processing at its own plant, in By the Commission. ADMINISTRATION vehicles owned or leased by it, and oper­ ated by its employees, and ships its meat [ s e a l] H . N e il G arson, (Declaration of Disaster Loan Area 619} products from Wilmington to customers Secretary. IOWA located throughout the 48 contiguous [F.R. Doc. 67-6949; Filed, June 20, 1967; States, utilizing the same vehicles and 8:47 am .) Declaration of Disaster Loan Area drivers. Petitioner is affiliated with W il­ mington Packing Company, Inc., and Whereas, it has been reported that [Notice 405] during the month of June 1967, because Coastal Provision Company, Inc. C. O. of the effects of certain disasters, dam­ Kersey, Jr., is president, a stockholder, MOTOR CARRIER TEMPORARY age resulted to residences and business and a director of the three corporations. AUTHORITY APPLICATIONS property located in Montgomery County, Petitioner states that it purchases meat in the State of Iowa. directly from suppliers or through W il­ J u n e 16,1967. Whereas, the Small Business Ad­ mington Packing Co., and also buys from The following are notices of filing of ministration has investigated and re­ and sells to Coastal Provision Co. Peti­ applications for temporary authority ceived other reports of investigations of tioner states that when it purchases meat under section 210a (a) of the Interstate conditions in the area affected; through Wilmington Packing the sup­ Commerce Act provided for under the Whereas, after reading and evaluating pliers invoice the sale to that company; new rules of Ex Parte No. MC 67 (49 reports of such conditions, I find that the it, in turn, sends a bank guaranty as CFR Part 340) published in the F ederal conditions in such area constitute a ca­ payment, .and then sells the meat to peti­ R egister, issue of April 27,1965, effective tastrophe within the purview of the tioner, f.o.b. point of purchase. Peti­ July 1, 1965. These rules provide that Small Business Act, as amended. tioner further states that, at times, it protests to the granting of an application Now, therefore, as Deputy Administra­ does not take title to meat purchased must be filed with the field official named tor of the Small Business Administra­ under this arrangement until it arrives in the F ederal R egister publication, tion, I hereby determine that: at Wilmington, N.C., but that, at all within 15 calendar days after the date t. Applications for disaster loans under times, petitioner only transports meat of notice of the filing of the application the provisions of section 7 (b)(1 ) of the that it, under an established arrange­ is published in the F ederal R egister. Small Business Act, as amended, may be ment, intends to purchase from its af­ One copy of such protest must be served received and considered by the offices be­ filiate, and the transportation by it is on the applicant, or its authorized repre­ low indicated from persons or firms undertaken subject to sale. Petitioner sentative, if any, and the protests must whose property, situated in the aforesaid states that 25 percent of the total ex­ certify that such service has been made. county and areas adjacent thereto, suf­ pense of its business operations results The protest must be specific as to the fered damage or destruction resulting directly from the cost of transportation service which such protestant can and from floods and accompanying condi­ performed by it, the balance of business will offer, and must consist of a signed tions occurring on or about June 9, 1967. expense being directly related to its original and six copies. processing activity. Office A copy of the application is on file, and Petitioner requests that the Commis­ Small Business Administration Regional can be examined at the Office of the Office, Fifth, and Grand Avenue, Des sion enter a declaratory order determin­ Secretary, Interstate Commerce Com­ Moines, Iowa 50309. ing that the above-described transporta­ mission, Washington, D.C., and also in tion is private carriage as defined by the the field office to which protests are to 2. A temporary office will be estab­ Interstate Commerce Act, and that it be transmitted. lished at Red Oak, Iowa, address to be does not require for-hire carrier operat­ announced locally. ing authority from the Commission. M otor C arriers o f P roperty 3. Applications for disaster loans under Any person or persons desiring to par­ No. MC 1756 (Sub-No. 8 TA), filed the authority of this Declaration will not ticipate in this proceeding, may, within June 12,1967. Applicant; PEOPLES EX­ be accepted subsequent to December 31, 30 days from the date of this publication, PRESS CO., 497 Raymond Boulevard, 1967. file representations, consisting of an orig­ Newark, N.J. 07105. Applicant’s repre­ Dated: June 14,1967. inal and six copies, supporting or op­ sentative : Bert Collins, 140 Cedar Street, posing the relief sought by petition. New York, N.Y. 10006. Authority sought R obert C. M oot, to operate as a common carrier, by motor Deputy Administrator. By the Commission. vehicle, over irregular routes, transport­ (F.R. Doc. 67-6936; Filed, June 20, 1967; [ se al] H . N e il G a r so n , ing: Containers, empty, in automated 8:46 a.m.} Secretary. trailers, (1) between Paterson and Pas­ on (F.R. Doc. 67-6948; Filed, June 20, 1967; saic, N.J., on the one hand, and, the 8:46 a.m.] other, Bridgeport and Milford, Coim., and (2) between New York, N.Y., on the INTERSTATE COMMERCE one hand, and, on the other, Menands, FOURTH SECTION APPLICATION FOR N.Y.; for 180 days. Supporting shipper: COMMISSION Continental Can Co., Inc., 633 Third RELIEF Avenue, New York, N.Y. 10017, Send pro­ (No. MC—C—5676] J u n e 16,1967. tests to: Robert S. H. Vance, Distnct CAROLINA MEAT PROCESSORS, INC. Protests to the granting of an applica­ Supervisor, Bureau of Operations, in­ terstate Commerce Commission Notice of Filing of Petition for tion must be prepared in accordance with Rule 1.40 of the general rules of practice Broad Street, Room 363, Newark, N- Declaratory Order (49 CFR 1.40) and filed within 15 days 07102 No. MC 1872 (Sub-No. 65 TA) (Oh*' J u n e 16,1967. from the date of publication of this no­ rection), filed May 9, 1967, published Petitioner: CAROLINA MEAT PROCES­ tice in the F ederal R e g ister . F ederal R eg ist e r , issue of May 16, i»® • SORS, INC., Highway 117, Castle Hayne, N.C., L o n g - a n d -S h o r t H a u l Post Office Box 294, Wilmington, N.C. Peti­ corrected, and republished as c°rrec , tioner’s representatives: JOHN C. BRADLEY, PSA No. 41055— Returned shipments this issue. Applicant: ASHWOR RICHARD R. SIGMON, 618 Perpetual Build­ from, to, and tvithin, points in Montana. TRANSFER, INC., 1526 South ing, Washington, D.C. 20004. Filed by Trans-Continental Freight Bu­ W Street, Salt Lake City, U tah 84iu*. Applicant’s representative: Keith E. By petition filed May 24, 1967, peti­ reau, agent (No. 444), for interested rail lor, Kearns Building, Salt Lake > tioner states its primary business is the carriers. Rates on property returned to Utah 84104. Authority sought to operate processing and sale of meat and meat original point of shipment, in carloads, as a common carrier, by motor ven > products. Petitioner purchases meat at from, to, and within points in Montana.

FEDERAL REGISTER, YOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8833 over irregular routes, transporting: Such Macon, Ga., thence over U.S. Highway town over U.S. Highway 21 (also over commodities as require special handling 80 to Columbus, and return over the Interstate Highway 77) to Charleston, or special equipment by reason of size same routes, serv in g the interme­ W . Va., thence ever combined Interstate or weight, and commodities which do not diate points of Macon and Athens, Highways 64 and 77 (West Virginia require special handling, or the use of Ga., Greenville, S.C., and Gastonia, Turnpike) to junction Interstate High­ special equipment, when moving in the Charlotte, and Winston-Salem, N.C., and way 77 and Interstate Highway 64, same shipment on the same bill of lad­ the off-route points of La Grange, Man­ thence over Interstate Highway 77 to ing and for the same consignee as com­ chester, Warner-Robins, Wamer-Robins junction combined U.S. Highways 219 modities which because of size or weight Air Force Base, Augusta, and Savannah, and 460 near Princeton, W. Va., thence require special handling, or the use of Ga., Wilmington, Goldsboro, and Rocky over combined U.S. Highways 219 and special equipment, between points in Mount, N.C., points in Charleston, Berk­ 460 and combined U.S. Highways 19 and Colorado and points in New Mexico; for ley, and Dorchester Counties, S.C., and 460 to Bluefield, W . Va., thence to 180 days. Supporting shippers: Mine & points in North Carolina and South Columbus, Ga., as described in (1) above, Smelter Supply Co., 3800 Race Street; Carolina on and west of U.S. Highway and return over the same routes, serving C. S. Card Iron Works Co., 2501 West 301. Newcomerstown, Ohio, for purposes of 16th Avenue; Denver Equipment Co., (b) From Pittsburgh to Greenville as joinder only, and serving the interme­ 1400 17th Street; Morse Bros. M a­ described in ( 1) (a) above, thence over diate points of Dalton, Calhoun, Man­ chinery Co., 1400 West Evans; Armco U.S. Highway 123 to junction combined chester, Atlanta, Griffin, Macon, and Steel Corp., 130 East Fifth Avenue; and U.S. Highways 123 and 76 near Clemson, Athens, Ga., Greenville, S.C., Gastonia, Colorado Builders Supply Co., 1300 West S.C., thence over combined U.S. High­ Charlotte, and Winston-Salem, N.C., and Evans; all of Denver, Colo, Send protests ways 123 and 76 to junction U.S. High­ the off-route points of Rome, Dalton, to: John T. Vaughan, District Supervisor, way 123 and U.S. Highway 76 near West­ Calhoun, Plainville, Hedges, La Grange, Bureau of Operations, Interstate Com­ minster, S.C., thence over U.S. Highway Manchester, Augusta, Athens, Savannah, merce Commission, 2224 Federal Build­ 123 to junction U.S. Highway 23, thence Warner Robins, and Warner Robins Air ing, Salt Lake City, Utah 84111. N o t e : over U.S. Highway 23 to Atlanta, Ga. Force Base, Ga., Wilmington, Goldsboro, Applicant states that it intends to tack (also from Greenville over U.S. Highway and Rocky Mount, N.C., points in the authority here applied for with other 29 through Athens, Ga., to Atlanta) Charleston, Berkeley, and Dorchester authority held under MC 1872 and MC (also from Greenville over Interstate Counties, S.C., and points in North Caro­ 1872 (Sub-No. 55); Applicant further Highway 85 to Atlanta), thence over lina and South Carolina on and west of states that it intends to interline at the Georgia Highway 85 to junction U.S. U.S. Highway 301; (3) between Athens, same points where it now interlines un­ Highway Alternate 27, thence over U.S. Ohio, and Columbus, Ga.: From Athens, der the MC 1872 “size and weight” au­ Highway Alternate 27 and Georgia High­ over U.S. Highway 33 to junction Ohio thorities and under MC 1872 (Sub-No. way 85 to Columbus, Ga. (also from At­ Highway 7, thence over Ohio Highway 55). The purpose of this republication is lanta over combined U.S. Highways 41 7 to junction U.S. Highway 33, thence to set forth applicant’s intention to tack and 19 to Griffin, Ga., thence over U.S. over U.S. Highway 33 to junction U.S. and interline, previously inadvertently Highway 41 to junction U.S. Highway 23 Highway 21 (also junction Interstate omitted. near Forsyth, Ga., thence over combined Highway 77), near Ripley, W . Va., thence No. MC 10761 (Sub-No. 215 T A ), U.S. Highways 41 and 23 to Macon, Ga., over U.S. Highway 21 (also Interstate filed June 12, 1967. Applicant: TRANS- thence over U.S. Highway 80 to Colum­ Highway 77) to Charleston, W . Va., AMERICAN FREIGHT LINES, INC., bus), and return over the same routes, thence to Columbus as described in (2) 1700 North Waterman Avenue, Detroit, serving the intermediate points of At­ above, and return over the same routes, Mich. 48209. Applicant’s representative: lanta, Athens, Macon, Manchester, and serving Athens, Ohio, for purposes of A. Alvis Layne, Pennsylvania Building, Griffin, Ga., Greenville, S.C.-, Gastonia, joinder only and serving the intermediate Washington, D.C. 20004. Authority Charlotte, and Winston-Salem, N.C., and and off-route points named in (2 ) above; sought to operate as a common carrier, the off-route points of Rome, Dalton, (4) between Cincinnati, Ohio, and Co­ by motor vehicle, over regular routes, Calhoun, La Grange, Hedges, Plainville, lumbus, Ga.: transporting: General commodities (ex­ Wamer-Robins, Wamer-Robins Air (a) From Cincinnati over U.S. High­ cept those of unusual value, classes A Force Base, Augusta, and Savannah, Ga., way 25 to Lexington, Ky. (also from and B explosives, household goods as Wilmington, Goldsboro, and Rocky Cincinnati over combined Interstate defined by the Commission, commodities Mount, N.C., points in Charleston, Berk­ Highways 71 and 75 to junction Inter­ in bulk, commodities requiring special ley, and Dorchester Counties, S.C., and state Highway 71 and Interstate High­ equipment, and those injurious or con­ points in North Carolina and South way 75, thence over Interstate Highway taminating to other lading); ( 1 ) (a) be­ Carolina on and west of U.S. Highway 75 to Lexington, Ky.), thence over U.S. tween Pittsburgh, Pa., and Columbus, 301; and (c) from Pittsburgh to Wythe­ Highway 27 to Chattanooga, Tenn., Ga.: From Pittsburgh over U.S. High­ ville, Va., as described in (1) (a) above, thence over combined U.S. Highways 41 way 19 through Washington, Pa., to Mor­ thence over U.S. Highway 11 to Bristol, and 76 to junction U.S. Highway 41 and gantown, W. Va. (also from Pittsburgh Tenn. (also from Pittsburgh over Inter­ U.S. Highway 76 at or near Dalton, Ga., over Pennsylvania Highway 51 to Union- state Highway 81 to Bristol), thence over thence over UJS. Highway 41 to Atlanta, town, Pa., thence over U.S. Highway 19 U.S. Highway 11W to Knoxville., Tenn., Ga., thence to Columbus, Ga., as de­ to Morgantown), thence over U.S. High­ thence over combined Interstate High­ scribed in ( 1) above, and return over the way 19 to Beckley, W. Va., thence over ways 40 and 75 to junction U.S. High­ same routes, serving the intermediate combined U.S. Highways 19 and 21 to way 27 near Harriman, Tenn., thence and off-route points named in ( 1 ) (c) Princeton, W. Va., thence over combined over U.S. Highway 27 to Chattanooga, above; (b) from Cincinnati to Lexing­ U S Highways 19 and 460 to Bluefield, Tenn., thence over combined U.S. High­ ton, Ky., as described in (4) (a) above, W. Va., thence over combined U.S. High­ ways 41 and 76 to junction U.S. High­ thence over combined U.S. Highways 421 ways 21 and 52 to Wytheville, Va., way 41 and U.S. Highway 76 at Dalton, and 25 to junction UJS. Highway 421 and thence over interstate Highway 81 to Ga., thence over U.S. Highway 41 to At­ UJS. Highway 25 at or near Terrill, Ky., fort Chriswell, Va., thence over U.S. lanta, Ga., thence to Columbus, Ga., as thence over U.S. Highway 25 to Corbin, Highway 52 through Winston-Salem, described in ( 1 ) (b) above, and return Ky., thence over U.S. Highway 25W to N.C., to Lexington, N.C., thence over In­ over the same routes, serving the inter­ Knoxville, Tenn., thence over U.S. High­ terstate Highway 85 (also over U.S. mediate points of Dalton, Calhoun, At­ way 129 to junction U.S. Highway 411 at Highway 29) through Charlotte, N.C., lanta, Macon, Manchester, Griffin, Ga., Maryville, Tenn., thence over U.S. High­ to Greenville, S.C., thence over U.S. and the off-route points of Rome, Plain­ way 411 to junction U.S. Highway 41 near Highway 29 to Athens, Ga., thence ville, Hedges, La Grange, Wamer-Robins, Cartersville, Ga., thence over U.S. High­ over combined U.S. Highways 129 and Wamer-Robins Air Force Base, and way 41 to Atlanta, Ga., thence to Colum­ n o ]uncti°n U.S. Highway 129 and Athens, Ga. bus, as described in ( 1 ) above, and return u.&. Highway 441 near Eatonton, Ga., (2) Between Newcomerstown, Ohio,over the same routes, serving the inter­ thence over U.S. Highway 129 to and Columbus, Ga.: From Newcomers­ mediate points of Atlanta, Macon, Grif-

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8834 NOTICES fin, and Manchester, Ga., and the off- at Danville, Ky., thence over U.S. High­ posed service is limited to providing a route points of La Grange, Athens, way 150 to junction U.S. Highway 25 at local service for a forwarder of used Wamer-Robins, and Warner-Robins Air Mount Vernon, Ky., thence over U.S. household goods. Supporting shippers: Force Base, Ga.; (c) from Cincinnati Highway 25 to Corbin, Ky., thence to American Ensign Van Service, Inc., Post over U.S. Highway 52 to Bluefield, W . Va., Columbus, Ga., as described in (4) (b), Office Box 2270, Wilmington, Calif. thence to Columbus, Ga., as described in (e ), and (f ) above, and return over the 90744; and Smyth Worldwide Movers, ( 1) (a) and (b) above, and return over same routes, serving the intermediate Inc., 11616 Aurora Avenue North, Seattle, the same routes, serving the interme­ and off-route points named in (4) (b), Wash. 98133. Send protests to: Gerald diate and off-route points named in ( 1) (e), and (f) above; ( 6 ) serving in con­ H. Curry, District Supervisor, Bureau of (a) and (b) above; (d) from Cincinnati nection with each of the above-described Operations, Interstate Commerce Com­ to Lexington, Ky., as described in (4) routes: (a) Points within 15 miles of mission, 187 Westminster Street, Provi­ (a) above, thence over combined U.S. Atlanta, Ga., except with respect to route dence, R.I. 02903. Highways 421 and 25 to junction U.S. (1) (a) above; and (b) points within 5 No. MC 66562 (Sub-No. 2240 TA), Highway 421 and UJS. Highway 25 at miles of Macon and Columbus, Ga.; re­ filed June 12, 1967. Applicant: RAIL­ Terrill, Ky., thence over U.S. Highway stricted against service between points W A Y EXPRESS AGENCY, INCORPO­ 421 to junction U.S. Highway 58 at Dot, in North Carolina, South Carolina, and RATED, 219 East 42d Street, New York, Va., thence over combined U.S. Highways Georgia; for 180 days. N o t e : Applicant N.Y. 10017. Applicant’s representative: 421 and 58 to Bristol, Tenn., thence over states that it intends to tack the au­ Elmer F. Slovacek, Railway Express UJ3. Highway 421 to Winston-Salem, thority sought with its existing authority Agency, Inc., Suite 1008, 105 West Madi­ N.C., thence to Columbus, Ga., as de­ in MC 10761 and sub numbers thereunder son Street, Chicago, HI. Authority sought scribed in ( 1) (a) and (b) above, and at Pittsburgh, Pa.; Newcomerstown, to operate as a common carrier, by return over the same routes, serving the Athens, and Cincinnati, Ohio; and motor vehicle, over regular routes, trans­ intermediate and off-route points named Louisville, Ky. Applicant further states porting: General commodities, moving in ( 1) (a) and (b) above. that it intends to interline at points on in express service, between Burlington, (e) From Cincinnati to Corbin, Ky.,its authorized regular routes and at Iowa, and Omaha, Nebr., as follows: as described in (4) (b) above, thence over service points on routes sought in this West from Burlington over U.S. High­ UJS. Highway 25E to Newport, Tenn., application if the traffic tendered is way 34 to junction U.S. Highway 71, thence over combined U.S. Highways 25 destined to or originated at a point thence south over U.S. Highway 71 to and 70 to Asheville, N.C., thence over Transamerican is not authorized to Villisca, Iowa, thence return over U.S. UJS. Highway 25 to Greenville, S.C., serve. Supporting shippers: A list of the Highway 71 to junction U.S. Highway thence to Columbus, Ga., as described in names and addresses of 363 supporting 34, thence west over UJS. Highway 34 to ( 1) (a) and (b) above, and return over shippers is attached to the application, junction Iowa Highway 166, thence the same routes, serving the interme­ which may be examined at the Interstate south over Iowa Highway 166 to Hast­ diate points of Atlanta, Athens, Macon, Commerce Commission, in Washington, ings, Iowa, thence return over Iowa Griffin, and Manchester, Ga., Greenville, D.C. The supporting statements may be Highway 166 to junction U.S. Highway S.C., Asheville, N.C., and the off-route examined at the field office named below. 34, thence west over U.S. Highway 34 to points of Rome, Dalton, Calhoun, Hedges, Send protests to: Gerald J. Davis, Dis­ junction Iowa Highway 41, thence south Plainville, La Grange, Manchester, Sa­ trict Supervisor, Bureau of Operations, over Iowa Highway 41 to Malvern, Iowa, vannah, Augusta, Wamer-Robins, and Interstate Commerce Commission, 1110 thence return to junction U.S. Highway Wamer-Robins Air Force Base, Ga., Broderick Tower, 10 Witherell, Detroit, 34, thence west over U.S> Highway 34 to points in Charleston, Berkley, and Dor­ Mich. 48226. junction U.S. Highway 275, thence north chester Counties, S.C., and points in No. MC 55811 (Sub-No. 90 T A ), filed over U.S. Highway 275 to Omaha, Nebr., North Carolina and South Carolina on June 12, 1967. Applicant: CRAIG and return over the same route, serving and west of U.S. Highway 301; (f) from TRUCKING, INC., Route 67, Albany, Ind. the intermediate points of New London, Cincinnati to Asheville, N.C., as de­ 47320. Applicant’s representative: Earl Mount Pleasant, Fairfield, Ottumwa, scribed in (4) (e) above, thence over U.S. N. Merwin, 85 East Gay Street, Colum­ Osceola, Afton, and Glenwood, Iowa, Highway 74 to junction UJS. Highway bus, Ohio 43215. Authority sought to op­ and the off-route points of Albia, Char­ 29 near Kings Mountain, N.C., thence erate as a common carrier, by motor iton, Creston, Coming, Red Oak, and over combined UJS. Highways 74 and 29 vehicle, over irregular routes, transport­ Emerson, Iowa; for 150 days. Note: Ap­ to Charlotte, N.C., thence to Columbus, ing: Plastic bottles, from Columbus, plicant states that it intends to tack Ga., as described in (1) (a) and (b) Ohio, to Indianapolis, Ind., and Detroit, authority here applied for to other au­ above, and return over the same routes, Mich.; for 180 days. Supporting shipper: thority held by it under MC 66562 and serving the intermediate points of At­ Liqui-Box Corp., 1300 Corrugated Way, sub numbers' thereunder. Supporting lanta, Athens, Macon, Griffin, and Man­ Post Office Box 2418, Columbus, Ohio shipper: None other than Railway chester, Ga., Greenville, S.C., and Char­ 43203. Send protests to: J. H. Gray, Express Agency. Send protests to: lotte, Gastonia, and Asheville, N.C., and District Supervisor, Bureau of Opera­ Stephen P. Tomany, District Supervisor, the off-route points of Rome, Dalton, tions, Interstate Commerce Commission, Bureau of Operations, Interstate Com­ Calhoun, Hedges, Plainville, La Grange, 308 Federal Building, Fort Wayne, Ind. merce Commission, 346 Broadway, New Manchester, Savannah, Augusta, W ar- 46802. York, N.Y. 10013. . ner-Robins, and Wamer-Robins Air No. MC 60251 (Sub-No. 8 T A ), filed No. MC 116763 (Sub-No. 114 T A ), filed Force Base, Ga., Wilmington, N.C., June 13, 1967. Applicant: P & D TRANS­ June 9, 1967. Applicant: CARL SUBLER points in Charleston, Berkley, and PORTATION, INC., Connell Highway, TRUCKING, INC., North West Street, Dorchester Counties, S.C., and points in Newport, RJ. 02840. Applicant’s repre­ Versailles, Ohio 45380. Legal Address: 906 North Carolina and South Carolina on sentative: Robert J. Gallagher, Profes­ Magnolia Avenue, Aubumdale, Fla. Ap­ and west of U.S. Highway 301; (5) be­ sional Building, 66 Central Street, plicant’s representative: Carl Subler tween Louisville, Ky., and Columbus, Wellesley, Mass. 02181. Authority sought (same address as above). Authority Ga.: (a) From Louisville, over U.S. High­ to operate as a common carrier, by motor sought to operate as a common carrier, way 60 to Lexington, Ky. (also from vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, Louisville over Interstate Highway 64 ing: Used household goods, restricted to transporting: (1) Washing and clean­ to Lexington), thence to Columbus, Ga., shipments moving on the through bill ing compounds, fuel lighting liquids, as described in (4) (a ), (b ), and (d )- (f ) of lading of a forwarder operating under antifreeze, lubricating oils, tools, ana above, and return over the same routes, section 402(B) (2) exemption, and hav­ items used or useful in painting, when serving the intermediate and off-route ing an immediate, prior or subsequent moving with paint, from Chicago points named in (4) above; line haul movement by rail, motor, water, Heights, HI., to points in Florida, ana (b) From Louisville over U.S. High­ or air; between points in Rhode Island those points in Georgia on and south o way 60 (also over Interstate Highway and points in Norfolk, Worcester, Bristol, UJS. Highway 80; and (2) paint, stain, 64), to junction U.S. Highway 127 west Plymouth, Barnstable, Middlesex, and varnish, tools, and items used or^ useful t ^ of Frankfort, Ky., thence over UJS. High­ Dukes Counties, Mass.; for 180 days. painting, washing and c l e a n i n g com­ way 127 to junction U.S. Highway 150 N o t e : Applicant states that the pro­ pounds, fuel lighting liquids, antifreez ,

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8835

and lubricating oils, from Chicago intermediate points: From Spokane over Office Box 961, Jackson, Miss. 39205. Au­ Heights, HI., to Dothan and Huntsville, U.S. Highway 2 to Davenport, thence thority sought to operate as a contract Ala.; for 180 days. Supporting shipper: over Washington Highway 22 to Kettle carrier, by motor vehicle, over irregular Montgomery W ard Paint Factory, Chi­ Falls, thence over U.S. Highway 395 to routes, transporting: Lumber, from Ben- cago Heights, HI. 60411. Send protests to: Orient, also from Kettle Falls over tonia, Canton, Cary, Fayette, Jackson, ttnnii p. Schwab, District Supervisor, Bu­ Washington Highway 3P to Republic, Natchez, Vicksburg, and Yazoo City, reau of Operations, Interstate Commerce and from Spokane over U.S. Highway Miss., to New Orleans, La.; for the ac­ Commission, 1010 Federal Building, 550 395 to Kettle Falls, no local service count of and under a continuing contract Main Street, Cincinnati, Ohio 45202. to be rendered between Spokane and with R. N. Templeman, Inc., New Or­ No. MC 116967 (Sub-No. 10 T A ), filed Davenport or between Spokane and leans, La.; for 180 days. Supporting ship­ June 12, 1967. Applicant: M ARTIN Springdale; (3) between Spokane, Wash., per: R. N. Templeman, Inc., Post Office WONDAAL, doing business as M ARTIN and Inchelium, Wash., and points within Box 51448, New Orleans, La. 70150. Send WONDAAL AND SONS, 2857 Ridge a 10-mile radius of Inchelium: From protests to: Floyd A. Johnson, District Road, Lansing, HI. 60438. Applicant’s rep­ Spokane over U.S. Highway 2 to junction Supervisor, Bureau of Operations, Inter­ resentative: Martin Wondaal (same ad­ Washington Highway 22, thence over state Commerce Commission, 312-A U.S. dress as above). Authority sought to op­ Washington Highway 22 to Inchelium; Post Office Building, Jackson, Miss. erate as a contract carrier, by motor and return over the same routes. Irregu­ 39201. vehicle, over irregular routes, transport­ lar route: Nonradial service as a carrier No. MC 128981 (Sub-No. 1 T A ), filed ing: Glazed cement, slag blocks, and re­ of household goods, machinery, consist­ June 12, 1967. Applicant: LAND-AIR lated materials used in the manufacture ing of farm equipment only, agricultural DELIVERY, INC., 413 Lou Holland Drive, thereof, from Chicago, HI., to points in commodities, consisting of hay, straw, Kansas City, Mo. 64116. Applicant’s rep­ Kentucky, to be performed under a con­ grain, feed, and livestock only, and for­ resentative: Tom B. Kretsinger, 450 tinuing contract with Structural Glazed est products, consisting of fuel wood Professional Building, Kansas City, Mo. Masonry, Chicago, HI.; for 150 days. Sup­ only, in Stevens, Lincoln, Spokane, and 64106. Authority sought to operate as a porting shipper: Structural Glazed M a­ Ferry Counties and intercounty; un­ common carrier, by motor vehicle, over sonry, Inc., 9236 South Anthony, Chi­ manufactured or unprocessed agricul­ irregular routes, transporting: General cago, HI. Send protests to: Roger L. Bu­ tural ' Commodities, from points of pro­ commodities (except commodities in chanan, District Supervisor, Bureau of duction on farms for distances not bulk, explosives, and household goods), Operations, Interstate Commerce Com­ exceeding 50 miles in said counties. in an unscheduled express service; re­ mission, 1086 U.S. Courthouse and Fed­ Irregular route: Radial service as a stricted to movements having an im­ eral Office Building, 219 South Dearborn carrier of building materials (except mediately prior or subsequent air haul, Street, Chicago, HI. 60604. cement in bulk, in tank or bottom dump and in substituted motor for air service; No. MC 117037 (Sub-No. 3 T A ), filed vehicles or similar specialized equip­ (1) between the Municipal Airport, Mid- June 12, 1967. Applicant: CLAYTON B. ment) , between Spokane, Wash., on the Continent International Airport, and GILBERT in , doing business as C. B. one hand, and, on the other, points in Fairfax Airport located within the Kan­ GILBERT, Post Office Box 7399, Nash­ Ferry and Stevens Counties; agricul­ sas City, Mo.-Kans., commercial zone, as ville, Term. 37210. Applicant’s represent­ tural commodities, farm supplies, and defined by the Commission, on the one ative: C. B. Gilbert (same address as grain, between farms in the vicinity of hand, and, on the other, points in Mis­ above). Authority sought to operate as a Cedonia, Hunters, and Fruitland, Wash., souri, Kansas, Nebraska, Oklahoma, and contract carrier, by motor vehicle, over on the one hand, and. on the other, Spo­ Texas; and (2) between Municipal Air­ irregular routes, transporting: Bakery kane, Wash.; milk and cream, from farms port, Wichita, Kans., on the one hand, \Products, from Nashville, Tenn., to points within 5-road-miles on either side of and, on the other, points in Kansas, in Logan County, Ky.; for 180 days. Sup­ Washington Highways 4 and 4A in Ferry Oklahoma, Texas, Colorado, and Mis­ porting shipper: American Bread Co., 702 County and Washington Highway 22 in souri; for 180 days. Supporting shipper: Murfreesboro Road, Nashville, Tenn. Stevens County to processing plants in Panhandle Eastern Pipe Line Co., Post 37210. Send protests to: J. E. Gamble, Spokane, Wash., and from farms within Office Box 1348, Kansas City, Mo. 64141. District Supervisor, Bureau of Opera­ 5 miles of either side of Addy-Gifford Send protests to: Vernon V. Coble, Dis­ tions, Interstate Commerce Commission, Road to Spokane, with no service be­ trict Supervisor, Bureau of Operations, 706 U.S. Courthouse, Nashville, Tenn. tween Davenport, Wash., and Spokane, Interstate Commerce Commission, 1100 37203. Wash.; for 180 days. N ò t e : Waiver of Federal Office Building, 911 Walnut No. MC 125624 (Sub-No. 6 T A ) (Cor Rule 16 is granted to permit carrier to Street, Kansas City, Mo. rection), filed May 4, 1967, published ii transport copies of the daily and Sunday No. MC 129117 (Sub-No. 1 T A ), filed Federal R egister, issue of May 12, 1967 editions of the Spokesman-Review and June 12, 1967. Applicant: JOHN A. corrected, and republished as corrected Spokane Chronicle in the territory now LAWLOR, 158 Morton Boulevard, Plain- this issue. Applicant: EVERGREEI served; also, bread being bought and view, Long Island, N.Y. 11800. Appli­ FREIGHT LINES, INC., East 5205 Unioi sold. Applicant states that it intends to cant’s representative: Edward M. Alfano, Avenue, Spokane, Wash. 99207. Appli tack the authority here applied for with 2 West 45th Street, New York, N.Y. cant’s representative: Hugh A. Dressel other authority, under MC 125624 and 10036. Authority sought to operate as a 702 Old National Bank Building, Spo subs thereunder. It further states that common carrier, by motor vehicle, over kane, Wash. 99201. Authority sought t< the interline point is Spokane, Wash. irregular routes, transporting: Artificial operate as a common carrier, by moto: The purpose of this republication is to flowers and artificial flower arrange­ vehicle, over regular and irregula: set forth applicant’s intention to inter­ ments, from White Plains, N.Y., to points routes, transporting: Regular route line and tack, previously inadvertently in the New York, N.Y., commercial JNonscheduled service as a carrier of gen- omitted. Supporting shippers: There are zone; for 150 days. Supporting shipper: eral freight, ( 1) between Spokane, Dish' 20 shippers’ supporting statements at­ Corham Artificial Flower Co., 214 Central man, Gieger Field, and Fairchild Ai: tached to application which, may be ex­ Avenue, White Plains, N.Y. Send protests Force Base, Wash., on the one hand, and amined at the Interstate Commerce to: E. N. Carignan, District Supervisor, n the other, Keller, Republic, W an Commission in Washington, D.C., or at Bureau of Operations, Interstate Com­ conda, Malo, and Curlew, Wash.: Fron the field office named below. Send pro­ merce Commission, 346 Broadway, New Spokane over U.S. Highway 2 to Wilbur tests to: L. C. Taylor, District Supervisor, York, N.Y. 10013. Bureau of Operations, Interstate Com­ J?®?** ov*r Washington Highway 4 t< No. MC 129149 (Sub-No. 1 T A ), filed «¿public, thence over Washington High- merce Commission, 401 U.S. Post Office, June 12, 1967. ' Applicant: ELLIS Wauconda, and from Republic Spokane, Wash. 99201. HAINES, doing business as HAINES over Washington Highway 4A to Mal< No. MC 125962 (Sub-No. 2 T A ), filed TRUCK LINES, 995 Washington Street, fm C,urlew> no service to be rendera June 12, 1967. Applicant: AAA TRUCK­ Bushnell, HI. 61422. Applicant’s repre­ „ °m’ to, or between, intermediate point) ING, INC., Route 6 , Box 28-A, Brook- sentative: Robert T. Lawley, 306-308 (2) between Spokane, Wash, haven, Miss. 39601. Applicant’s repre­ Reisch Building, Springfield, HI. 62701. and Kettle Falls and Orient, Wash., anc sentative: Donald • B. Morrison, Post Authority sought to operate as a contract

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8836 NOTICES carrier, by motor vehicle, over irregular state Commerce Commission, Room 7708, By the Commission. routes, transporting: Gravity flow Federal Building, 300 North Los Angeles [ s e a l ] H . N e il G arson, Street, Los Angeles, Calif. 90012. wagon boxes and component parts there­ Secretary. of, from Bushnell, HI., to points in Iowa, No. MC 129164 TA, filed June 13, Indiana, Kansas, Missouri, Michigan, 1967. Applicant: MEMPHIS-ALABAMA JFJl. Doc. 67-6950; Filed, June 20, 1967; Minnesota, Nebraska, and Kansas: for XPRESS, INC., 4926 Stillwood Drive, 8:47 am .] the account of Bushnell Illinois Tank Nashville, Tenn. 37220. Applicant’s rep­ Co., Bushnell, 111.: for 180 days. Support­ resentative: C. G. Parsley, 4926 Still- [Notice 451] ing shipper: Bushnell Illinois Tank Co., wood Drive, Nashville, Tenn. 37220. Au­ 110 East Davis Street, Bushnell, 111. thority sought to operate as a common MOTOR CARRIER ALTERNATE ROUTE 61422. Send protests to: Raymond E. carrier, by motor vehicle, over regular DEVIATION NOTICES Mauk, District Supervisor, Bureau of routes, transporting: General commodi­ Ju n e 16,1967. Operations, Interstate Commerce Com­ ties (except those of unusual value, The following letter-notices of propos­ mission, U.S. Courthouse and Federal classes A and B explosives, household als to operate over deviation routes for Office Building, Room 1086, 219 South goods as defined by the Commission, operating convenience only have been Dearborn Street, Chicago, 111. 60604. commodities in bulk, commodities requir­ filed with the Interstate Commerce Com­ ing special equipment, and those in­ No. MC 129156 TA, filed June 9, 1967. mission, under the Commission’s Devia­ jurious or contaminating to other lad­ Applicant: DAVID WELLS, doing bus­ tion Rules Revised, 1957 (49 CFR 211.1 ing) ; (1) between Memphis, Tenn., iness as GIDDI-UP-GO HORSE TRANS- (c) ( 8 ) ) and notice thereof to all inter­ and points within 10 miles there­ PORTATION, 2722 East Nesbitt, ested persons is hereby given as provided of, on the one hand, and, on the other, Phoenix, Ariz. 85032. Applicant’s repre­ in such rules (49 CFR 211.1(d) (4)). Florence, Ala., and points within 10 sentative: A. Michael Bernstein, 1327 Protests against the use of any pro­ miles thereof, over U.S. Highway 72; and Guaranty Bank Building, 3550 North posed deviation routes herein described (2) between Memphis, Tenn., and Flor­ Central, Phoenix, Ariz. 85012. Authority may be filed with the Interstate Com­ ence, Ala., as follows: From Memphis sought to operate as a common carrier, merce Commission in the manner and over U.S. Highway 64 to Savannah, by motor vehicle, over irregular routes,- form provided in such rules (49 CFR Tenn., thence over Tennessee Highway transporting: Horses, valuable for 2 11 .1 (e )) at any time, but will not oper­ 69 and Alabama Highway 20 to Florence; breeding, racing, show purposes, and ate to stay commencement of the pro­ and return over the same routes; serv­ other special uses along with tack, equip­ posed operations unless filed within 30 ment, and supplies, mascots, and trainers ing the off-route points in ( 1 ) and (2 ) days from the date of publication. transported together with said horses, above, of Sheffield, Tuscumbia, and Successively filed letter-notices of the between points in Arizona, California, Muscle Shoals, Ala., and points within same carrier under the Commission’s Oregon, Washington, Colorado, New 10 miles of each, and Russellville, Ala.; Deviation Rules Revised, 1957, will be Mexico, Texas, Illinois, Nebraska, Mis­ for 180 days. N o t e : Applicant states that numbered consecutively for convenience souri, and Kansas, for 180 days. Sup­ authority to interchange is sought at all in identification and protests if any porting shippers: R. D. Beren, 6526 East service points; closed .doors at all inter­ should refer to such letter-notices by Exeter Boulevard, Scottsdale, Ariz.; mediate points. Supporting shippers: number. Walter Greenman, 1660 West Bell Road, There are 89 shippers’ supporting state­ Phoenix, Ariz.; Albert Vizcaya, Ak-Sar- ments attached to application which may M o to r C arriers o f P roperty Ben Race Track, c/o Stable Gate, Omaha, be examined at the Interstate Commerce No. MC 2234 (Deviation No. 1), - Nebr.; Wayne Branch, Golden Gate Commission in Washington, D.C., or at SEAVER’S EXPRESS, INC., 25 East Field, c/o Stable Gate, Berkeley, Calif.; the field office named below. Send pro­ Main Street, Milford, Mass. 01757, filed and Richard Hazelton, 18202 North 13th tests to: J. E. Gamble, District Supervi­ June 7, 1967. Carrier’s representative: Avenue, Phoenix, Ariz. Send protests to: sor, Bureau of Operations, Interstate Joseph A. Kline, 185 Devonshire Street, Andrew V. Baylor, District Supervispr, Commerce Commission, 706 U.S. Court­ Boston, Mass. 02110. Carrier proposes to Bureau of Operations, Interstate Com­ house, Nashville, Tenn. 37203. operate as a common carrier, by motor merce Commission, 3427 Federal Build­ M otor C arrier o f P assengers vehicle, of general commodities, with ing, Phoenix, Ariz. 85025. certain exceptions, over deviation routes No. MC 129158 TA, filed June 12, 1967. No. MC 82007 (Sub-No. 2 T A ), filed as follows: (1) From Providence, R.I., Applicant: DESERT VAN & STORAGE, June 12, 1967. Applicant: SAMUEL over Interstate Highway 95 to Boston, INC., Post Office Box 965, Barstow, Calif. COOPER GREGG, Yorklyn, Del. 19736. Mass., (2) from Providence, R.I., over 92311. Applicant’s representative: Carl Applicant’s representative: Macdonald Interstate Highway 95 to junction Mas­ H. Fritze, 1010 Wilshire Boulevard, Los and Mclnerny, 1000 16th Street NW., sachusetts Highway 128, thence oyer Angeles, Calif. 90017. Authority sought Washington, D.C. 20036. Authority Massachusetts Highway 128 to junction to operate as a common carrier, by motor sought to operate as a common car­ with the Southeast Expressway thence vehicle, over irregular routes, transport­ rier, by motor vehicle, over irregular over the Southeast Expressway to Boston, ing: Used household goods, restricted to routes, transporting: Passengers and Mass., and (3) from Milford, Mass., oyer shipments moving on a through bill of their baggage, in charter service, from Massachusetts Highway 109 to junction lading of a freight forwarder operating Wilmington, Del., and points in Delaware Massachusetts Highway 128; thence oyer under section 402(B)(2), and further within 10 miles of Wilmington, to New Massachusetts JEtighway 128 to junction restricted to shipments having a prior York, N.Y., and Stratford, Conn.; for with the Southeast Expressway, thence or subsequent line-haul .movement by 150 days. Supporting shippers: Wimo- over the Southeast Expressway to Boston, rail, motor, water, or air; for 180 days. dausis Club, Hockessin, Del.; St. Peter’s Mass., and return over the same routes, Supporting shippers: Continental For­ Cathedral, Wilmington, Del.; Christ for operating convenience only. The warders, Inc., 105 Leonard Street, New Church, Greenville, Del.; Wilmer F. W il­ notice indicates that the carrier is pres­ York, N.Y.; Routed Thru-Pac, Inc., 350 liams, Wilmington, Del.; Alexis I. du ently authorized to transport the same Broadway, New York, N.Y.; Pyramid Pont Special School District, Greenville, commodities, over pertinent service Van Lines, 479 South Airport Boulevard, Del.; Dorsey Peterson, Chairman, Board routes, as follows: (1) From Boston, South San Francisco, Calif.; Burnham of Trustees, Chippey Chapel Church, Mass., over city streets and connecting World Forwarders, Inc., 1632 Second Hockessin, Del.; and John Dickinson highways to Brookline, Mass., thence oyer Avenue, Columbus, Ga. 31901; Swift High School District, Wilmington, Del. Massachusetts Highway 9 to junction Massachusetts Highway 126, thence over Home-Wrap, Inc., 105 Leonard Street, Send protests to: Paul J. Lowry, District Massachusetts Highway 126 to Holliston, New York, N.Y. 10013; and Northwest Supervisor, Bureau of Operations, Inter­ Consolidators, Post Office Box 3583, Ter­ Mass., thence over Massachusetts High­ minal Annex, Seattle, Wash. 98124. Send state Commerce Commission, 206 Old way 16 to Milford, Mass., (2) from Bos­ protests to: John E. Nance, District Post Office Building, Salisbury, Md. ton, Mass., over city streets and connect­ Supervisor, Bureau of Operations, Inter­ 21801. ing highways to Watertown, Mass.,

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8837

thence over Massachusetts Highway 16 UJS. Highway 70 to Hot Springs National vehicle, of passengers and their baggage, to Milford, Mass., (3) from Milford, Park, Ark., thence over Arkansas High­ and express and newspapers in the same Mass., over Massachusetts Highway 16 way 7 to Arkadelphia, Ark., thence over vehicle with passengers, over a deviation to junction Massachusetts Highway 140, U.S. Highway 67 to Texarkana, Tex. route as follows: From Homan, Ark.,- thence over Massachusetts Highway 140 No. MC 50026 (Deviation No. 8 ), AR ­ over Interstate Highway 30 to junction to Wrentham, Mass., thence over Mas­ KANSAS MOTOR COACHES LIMITED, UJS. Highway 59-71, thence over U.S. sachusetts Highway 1A to junction U.S. INC., 100 East M a rk ham Street, Little Highway 59-71 to Texarkana, Tex., and Highway 1, thence over U.S. Highway 1 Rock, Ark. 72201, filed June 5, 1967. Car­ return over the same route, for operating to Providence, R.I., and (4> from Mil­ rier proposes to operate as a common convenience only. The notice indicates ford, Mass., over Massachusetts Highway carrier, by motor vehicle, of passengers that the carrier is presently authorized 16 to junction Massachusetts Highway and their baggage, and express and to transport passengers and the same 140, thence over Massachusetts Highway newspapers in the same vehicle with pas­ property over a pertinent service route 140 to Bellingham, Mass., thence over sengers, over deviation routes as follows: as follows: From St. Louis, Mo., over Massachusetts Highway 126 to the Mas- (1) From junction Arkansas Highway 7 U.S. Highway 67 to Judsonia, Ark., sachusetts-Rhode Island State line, and Interstate Highway 30, over Inter­ thence over U.S. Highway 67 to junction thence over unnumbered highway to state Highway 30 to junction Arkansas U.S. Highway 67C, thence over U.S. Woonsocket, R.I., thence over Rhode Highway 8 , thence over Arkansas High­ Highway 67C to junction U.S. Highway Island Highway 122 to Pawtucket, R.I., way 8 , an access road, to Arkadelphia, 67, thence over U.S. Highway 67 to Maud, thence over city streets to Providence, Ark., a distance of 7.1 miles, and (2) from Tex., and return over the same route. RJ. (also from Woonsocket over Rhode Arkadelphia, Ark., over Arkansas High­ By the Commission. Island Highway 146 to Providence), and way 8 , an access road, to junction Inter­ return over the same routes. state Highway 30, thence over Interstate [ s e a l ] H. N e il G ar so n , No. MC 71743 (Deviation No. 3), Highway 30 to junction Arkansas High­ Secretary. BELLM FREIGHT LINES, INC., 1819 way 26, thence over Arkansas Highway [F.R. Doc. 67-6951; Filed, June 20, 1967; North 17th Street, St. Louis, Mo. 63106, 26 to junction U.S. Highway 67, a dis­ 8:47 a jn .] filed June 2, 1967. Applicant proposes to tance of 7.6 miles, and return over the operate as a common carrier, by motor same routes, for operating convenience vehicle, of general commodities, with only. The notice indicates that the car­ [Notice 10761 certain exceptions, over a deviation route rier is presently authorized to transport MOTOR CARRIER APPLICATIONS AND as follows: From junction U.S. Highway passengers and the same property over CERTAIN OTHER PROCEEDINGS 66 and Interstate Highway 270 over In­ a pertinent service route as follows: terstate Highway 270 to junction U.S. From Memphis, Tenn., over U.S. High­ J u n e 16,1967. Highway 67, thence over U.S. Highway way 70 to Hot Springs National Park, The following publications are gov­ 67 to junction U.S. Highway 66 in St. Ark., thence over Arkansas Highway 7 to erned by Special Rule 1.247 of the Com­ Louis, Mo., and return over the same Arkadelphia, Ark., thence over U.S. mission’s rules of practice, published in route, for operating convenience only. Highway 67 to Texarkana, Tex., and re­ the F ederal R eg ister issue of April 20, The notice indicates that the carrier is turn over the same route. 1966, which became effective May 20, presently authorized to transport the No. MC 61616 (Deviation No. 21), 1966. same commodities, over pertinent service MIDWEST BUSLINES, INC., 433 West The publications hereinafter set forth routes as follows: (1) From St. Louis, Washington Avenue, North Little Rock, reflect the scope of the applications as Mo., over U.S. Highway 66 to junction Ark., filed June 5, 1967. Carrier proposes filed by applicant, and may include de­ Illinois Highway 4, thence over Illinois to operate as a common carrier, by mo­ scriptions, restrictions, or limitations Highway 4 to Staunton, HI., thence over tor vehicle, of passengers and their bag­ which are not in a form acceptable to the U.S. Highway 66 via Littlefield and gage, and express and newspapers in the Commission. Authority which ultimately Springfield, HI., to Bloomington, HI., and same vehicle with passengers, over devia­ may be granted as a result of the appli­ (2) from Quincy, 111., over Illinois High­ tion routes as follows: (1) From junction cations here noticed will not necessarily way 96 to junction U.S. Highway 36, Arkansas Highway 7 and Interstate reflect the phraseology set forth in the thence over U.S. Highway 36 to Jackson­ Highway.30 over Interstate Highway 30 application as filed, but also will elim­ ville, HI., thence over U.S. Highway 67 to to junction Arkansas Highway 8, thence inate any restrictions which are not ac­ Alton, HI., thence over Hlinois Highway over Arkansas Highway 8 , an access ceptable to the Commission. 3 to junction unnumbered highway (for­ road, to Arkadelphia, Ark., a distance of merly Alternate U.S. Highway 67), 7.1 miles, and (2) from Arkadelphia, A pplications A ssig n e d for O ral H ear ing thence over unnumbered highway to Ark., over Arkansas Highway 8 , an ac­ MOTOR CARRIERS OF PROPERTY junction Illinois Highway 203, thence cess road, to junction Interstate High­ Illinois Highway 203 to junction way 30, thence over Interstate Highway No. MC 30844 (Sub-No. 231) (Repub­ H, • Highway 460, thence over U.S. 30 to junction Arkansas Highway 26, lication), filed January 13, 1967, pub­ Highway 460 to St. Louis, Mo., and re­ thence over Arkansas Highway 26 to lished F ederal R egister issue of Febru­ turn over the same routes. junction U.S. Highway 67, a distance of ary 2 , 1967,- and republished this issue. Applicant: KROBLIN REFRIGERATED M otor C arriers o f P assengers 7.6 miles, and return over the same routes, for operating convenience only. XPRESS, INC., 2125 Commercial, W a­ No. MC 50026 (Deviation No. 7) The notice indicates that the carrier is terloo, Iowa 50704. Applicant’s repre­ tJ? KAN S A S MOTOR COACHES presently authorized to transport pas­ sentative: Truman A. Stockton, Jr., The LIMITED, INC., 100 East Markhan sengers and the same property over 1650 Grant Street Building, Denver, street, Little Rock, Ark. 72201, filed Jun< pertinent service routes as follows: XI) Colo. 80202. By application filed Jan­ 5» 1967. Carrier proposes to operate as £ From St. Louis, Mo., over U.S. Highway uary 13, 1967, applicant seeks a certifi­ common carrier, by motor vehicle, o: 67 to Judsonia, Ark., thence over U.S. cate of public convenience and neces­ Passengers and their baggage, and ex­ Highway 67 to junction U.S. Highway sity authorizing operation in interstate press and newspapers in the same vehicli 67C, thence over U.S. Highway 67C to or foreign commerce, as a common car­ with passengers, over a deviation route a: junction U.S. Highway 67, thence over rier by motor vehicle, over i Tegular loiiows: From Homan, Ark., over Inter­ U.S. Highway 67 to Maud, Tex., and routes, of security equipment, such as state Highway 30 to junction U.S. High- (2) from Benton, Ark., over U.S. High­ is used in prisons and other institutions J S , ? '71’ thence over U.S. Highwaj way 70 to Hot Springs, Ark., thence over where persons are confined, from Water­ i j : ; 1 * 0 Texarkana, Tex., and returr Arkansas Highway 7 to Arkadelphia, loo, Iowa, to points in the United States e same route, for operating con- Ark., and return over the same routes. (except Alaska, Arizona, Hawaii, Cali­ t ^ lencL only- T *16 notice indicates tha1 No. MC 61616 (Deviation No. 22), fornia, Idaho, Montana, Nevada, New tr® Cai3 ifer is presently authorized tc MIDWEST BUSLINES, INC., 433 West Mexico, Oregon, Utah, Washington, and ; S rt Passengers and the sam< Washington Avenue, North Little Rock, Wyoming). An Order of the Commis­ o v^ 5 a pertinent service routi Ark., filed June 5, 1967. Carrier proposes sion, Operating Rights Board No. 1, as follows: From Memphis, Tenn., ovei to operate as a common carrier, by motor dated May 31, 1967, and served June 14,

No. n o ------7 FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8838 NOTICES

1967, finds that the present and future prejudiced by the lack of proper notice possible that other persons, who have public convenience and necessity require of the authority described in the find­ relied upon the notice of the application operation by applicant, in interstate or ings in this order, a notice of the au­ as published, may have an interest in foreign commerce, as a common carrier thority actually granted will be pub­ and would be prejudiced by the lack of by motor vehicle, over irregular routes, lished in the F ederal R egister and is­ proper notice of the authority described of prison security equipment and prison suance of a certificate in this proceeding in the findings in this order, a notice of furniture, from Waterloo, Iowa, to points will be withheld for a period of 30 days the authority actually granted will be in the United States (except Alaska, from the date of such publication, dur­ published in the F ederal R egister and Arizona, Hawaii, California, Idaho, ing which period any proper party in issuance of a certificate in this proceed­ Montana, Nevada, New Mexico, Oregon, interest may file a petition to reopen or ing will be withheld for a period of 30 Utah, Washington, and Wyoming; that for other appropriate relief setting days from the date of such publication, applicant is fit, willing, and able prop­ forth in detail the precise manner in during which period any proper party in erly to perform such service and to con­ which it has been so prejudiced. interest may file a petition to reopen or form to the requirements of the Inter­ No. MC 79658 (Sub-No. 10) (Repub­ for other appropriate relief setting forth state Commerce Act and the Commis­ lication), filed July 12, 1965, published in detail the precise manner in which it sion’s rules and regulations thereunder. F ederal R eg ister issue of August 4, has been so prejudiced. Because it is possible that other parties, 1965, and republished this issue. Appli­ No. M C 111045 (Sub-No. 54) (Repub­ who have relied upon the notice of the cant: ATLAS VAN LINES, INC., 1212 St. lication) , filed February 6 , 1967, pub­ application as published, may have an George Road, Evansville, Ind. Appli­ lished F ederal R egister issue of Febru­ interest in and would be prejudiced by cant’s representative: Herbert Burstein, ary 24, 1967 and republished this issue. the lack of proper notice of the author­ 160 Broadway, New York, N.Y. 10038. A Applicant: REDWING CARRIERS, INC., ity described in the findings in this Report of the Commission, Division 1, Post Office Box 426, Palm River Road, order, a notice of the authority actually decided May 23, 1967, and served June Tampa, Fla. 33601. Applicant’s repre­ granted will be published in the F ederal 9, 1967, finds that the present and fu­ sentative: David E. Wells (same address R egister and issuance of a certificate ture public convenience and necessity as applicant). By application filed Feb­ in this proceeding will be withheld for require operation by applicant, in inter­ ruary 6 , 1967, applicant seeks a certifi­ a period of 30 days from the date of such state or foreign commerce, as a com­ cate of public convenience and necessity publication, during which period any mon carrier by motor vehicle over ir­ authorizing operation, in interstate or proper party in interest may file a peti­ regular routes of ( 1) household goods foreign-commerce, as a common carrier tion to reopen or for further appropriate as defined by the Commission, (a) be­ by motor vehicle, over irregular routes, relief setting forth in detail the precise tween points in Alabama, Arkansas, of com starch, in bulk, in covered hopper m an n er in which it has been so Colorado, Connecticut, Delaware, Flor­ trucks, ex rail shipments, from Tampa prejudiced. ida, Georgia, Illinois, Indiana, Iowa, and Jacksonville, Fla., to points in No. MC 36222 (Sub-No. 9) (Republica­ Kansas, Kentucky, Louisiana, Maine, Florida. An order of the Commission, tion) , filed July 15, 1966, published F ed­ Maryland, Massachusetts, Michigan, Operating Rights Board No. 1, dated May eral R eg ister issue of August 4, 1966, Minnesota, Mississippi, Missouri, Ne­ 31, 1967, and served June 13, 1967, finds and republished this issue. Applicant: braska, New Hampshire, New Jersey, that the present and future public con­ JOHN L. FANSHAW, JR., doing busi­ New York, North Carolina, Ohio, Okla­ venience and necessity require operation ness as CREWE TRANSFER, Crewe, Va. homa, Pennsylvania, Rhode Island, by applicant, in interstate or foreign Applicant’s representative: Jno. C. God- South Carolina, Tennessee, Texas, Ver­ commerce, as a common carrier by motor din, Insurance Building, 10 South 10th mont, Virginia, West Virginia, Wiscon­ vehicle, over irregular routes, of corn Street, Richmond, Va. 23219. By applica­ sin, and the District of Columbia; (b) starch, in bulk, from Tampa and Jack­ tion filed July 15, 1966, applicant seeks between points in Colorado, Kansas, Ne­ sonville, Fla., to points in Florida, re­ a certificate of public convenience and braska, New Mexico, Utah, and Wyo­ stricted to the transportation of traffic necessity authorizing operation, in in­ ming, restricted against the transporta­ having a prior movement by rail; that terstate or foreign commerce, as a com­ tion of shipments between any two applicant is fit, willing, and able prop­ mon carrier by motor vehicle, over reg­ points, both of which are in the same erly to perform such service and to ular routes, of ( 1 ) wearing apparel, on State, except as to Colorado, Kansas, conform to the. requirements of the In­ hangers, loose in bundles, hampers or and Nebraska, (c) between points in the terstate Commerce Act and the Commis­ thereunder. cartons, and ( 2 ) cut and uncut goods, States described in (1) ( a ) , above, on the sion’s rules and regulations trimmings, and articles used in the one hand, and, on the other, points in Because it is possible that other parties, manufacturing of wearing apparel, be­ Arizona, California, Idaho, Montana, who have relied upon the notice of the tween Amelia, Va., and Crewe, Va.; from Nevada, New Mexico, North Dakota, application as published, may have an Amelia, Va., over U.S. Highway 360 to Oregon, South Dakota, Utah, Washing­ interest in and would be prejudiced by junction Virginia Highway 49, thence ton, and Wyoming; (d) between points the lack of proper notice of the authority over Virginia Highway 49 to Crewe, Va., in California, Idaho, Oregon, and described in the findings in this order, a and return over the same route. An Or­ Washington. notice of the authority actually granted will be published in the F ederal R e g is t e r der of the Commission, Operating (e) Between points in Colorado and and issuance of a certificate in this pro­ Rights Board No. 1 dated May 19, 1967, Wyoming, on the one hand and, on the ceeding will be withheld for a period of and served June 8 , 1967, finds that the other, points in Arizona, Idaho, Mon­ 30 days from the date; of such publica­ present and future public convenience tana, and South Dakota, and (f) be­ tion, during which period any proper and necessity require operation by ap­ tween Denver, Colo., on the one hand party hi interest may file a petition to plicant, in interstate or foreign com­ and, on the other, points in Colorado, reopen or for other appropriate reiiei merce, as a common carrier by motor and (2 ) emigrant moveables, between setting forth in detail the precise man­ vehicle over irregular routes, of ( 1) points in Minnesota; that applicant is ner in which it has been so prejudiced. wearing apparel, from Amelia, Va., to fit, willing, and able properly to perform Crewe, Va., and (2) materials and sup­ such service and to conform to the re­ No. MC 126555 (Sub-No. 5) (Republi- plies used in the manufacture of wear­ quirements of the Interstate Commerce cation), filed October 3, 1966, publishe ing apparel, from Crewe, Va., to Amelia, Act and the Commission’s rules and F ederal R egister issue of October i h Va.; that applicant is fit, willing, and regulations thereunder; and that a cer­ 1966, and republished this issue. Ap­ able properly to perform such service tificate authorizing the service described plicant: UNIVERSAL TRANSPORT» and to conform to the requirements of above should be granted on receipt of a INC., Post Office Box 268, Rapid cuy. the Interstate Commerce Act and the request by applicant in writing for the S, Dak. Applicant’s representative: Tru­ Commission’s rules and regulations coincidental cancellation of its certifi­ man A. Stockton, Jr., The i ®50 thereunder. Because it is possible that cates No. MC 79658 and Sub-Nos. 5, 6 , Street Building, Denver, Colo. 80203. w other persons, who have relied upon the and 7 thereto, issued respectively on application filed October 3, 1966, aPP notice of the application as published, April 27, 1962, March 31, 1964, April 2, cant seeks a certificate of public conv may have an interest in and would be 1964, and April 6 , 1964. Because it is ience and necessity authorizing °Peia

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8839 tlon, In Interstate or foreign commerce, fruits and vegetables, and ( 2 ) fresh days from the date of such publication, as a common carrier by motor vehicle, fruits and vegetables, when moving In during which period any proper party over irregular routes, of cement in bags the same vehicle and at the same time in interest may file an appropriate peti­ or bulk, between points in Brown County, with bananas, from Boston, Mass., to tion to reopen or for other appropriate S. Dak., on the one hand, and, on the those ports of entry on the international relief setting forth in detail the precise other, points in North Dakota and boundary line between the United States manner in which It has been so preju­ Minnesota (except Duluth and Minne- and Canada, located at or near Calais diced. apolis-St. P au l), and from the plantsite and Houlton, Maine; that applicant is No. MC 128835 (Republication), filed of Northwestern States Portland Cement fit, willing, and able properly to perform January 23, 1967, published F ederal Co. at Fargo, N. Dak., and from the such service and to conform to the R eg ister issue of February 9, 1967, and storage facility of Northwestern States requirements of the Interstate Com­ republished this issue. Applicant: CAM- Portland Cement Co. in Burnsville merce Act and the Commission’s rules PAGNIE DE TRANSPORT DES LAU- Township, Dakota County, Minn., to and regulations thereunder. Because it RENT3DES LIMITEE, a corporation, points in North Dakota and South is possible that other persons, who 10100 Bruxelles Street, Montreal North, Dakota. An ordér of the Commission, have relied upon the notice of the Quebec, Canada. Applicant’s representa­ Operating Rights Board No. 1, dated application as published, may have tive: John J. Brady, Jr„ 75 State Street, May 19, 1967, and served June 9, 1967, an interest in and would be prejudiced Albany, N.Y. 12207. By application filed as amended, finds that the present and by the lack of proper notice of the au­ January 23, 1967, applicant seeks a cer­ future public convenience and necessity thority described in the findings in this tificate of public convenience and neces­ require operation by applicant, in inter­ order, a notice of the authority actually sity authorizing operation, in interstate state or foreign commerce, as a common granted will be published in the F ederal or foreign commerce, as a common car­ carrier by motor vehicle, over irregular R egister and issuance of a certificate in rier by motor vehicle, over irregular routes, of cement, (1) from Aberdeen, this proceeding will be withheld for a routes, of passengers and their baggage, S. Dak., to points in North Dakota and period of 30 days from the date of such in round-trip charter operations, begin­ Minnesota, (2) from Bismarck, N. Dak. publication, during which period any ning and ending at ports of entry on the to points in South Dakota and Minne­ proper party in interest may file a peti­ international boundary line between the sota; that applicant is fit, willing, and tion to reopen or for other appropriate United States and Canada located in able properly to perform such service relief setting forth in detail the precise Michigan, New York, Vermont, New and to conform to the requirements of manner in which it has been so Hampshire, and Maine, and extending the Interstate Commerce Act and the prejudiced. to points in the United States (except Commission’s rules and regulations No. MC 128834 (Republication), filed those in Alaska and Hawaii). An order thereunder. Because it is possible that January 23, 1967, published F ederal of the Commission, Operating Rights other persons, who have relied upon the R egister issue of February 9, 1967, and Board No. 1 dated May 31, 1967, and notice of the application as published, republished this issue. Applicant: served June 12, 1967, finds that the may have an interest in and would be BUNCH’S TRUCKING, INC., Murfrees­ present and future public convenience prejudiced by the lack of proper notice boro, N.C. Applicant’s representative: and necessity require operation by ap­ of the authority described in the findings Vaughan S. Winbome, 1108 Capital Club plicant, in interstate or foreign com­ in this order, a notice of the authority Building, Raleigh, N.C. 27601. By appli­ merce, as a common carrier by motor actually granted will be published in the cation filed January 23, 1967, applicant vehicle, over irregular routes, of passen­ F e d e r a l R egister and issuance of a seeks a permit authorizing operations, in gers and their baggage, in round-trip certificate in this proceeding will be interstate or foreign commerce, as a charter operations, between those ports withheld for a period of 30 days from the contract carrier by motor vehicle, over of entry on the international boundary date of such publication, during which irregular routes of dry fertilizer and fer­ line between the United States and period any proper party in interest may tilizer materials, in bags and in bulk, Canada located in Michigan, New York, file a petition to reopen or for other ap­ except in pneumatic or • tank trailers, Vermont, New Hampshire, and Maine, propriate relief setting forth in detail from Chesapeake, Va., to points in Hert­ on the one hand, and, on the other, the precise manner in which it has been ford, Northampton, Bertie, Gates, and so prejudiced. points in the United States (except Halifax Counties, N.C., under contract Alaska and Hawaii); that applicant is No. MC 128736 (Republication), file with The Borden Chemical Co., Smith fit, willing, and able properly to perform November 30, 1966, published F ederj Douglass Division. An order of the Com­ such service and to conform to the re­ R egister issue of December 2 2 , 1966 an mission, Operating Rights Board No. 1, quirements of the Interstate Commerce republished this issue. Applican dated May 31, 1967, and served June 13, Act and the Commission’s rules and reg­ k e l l y TRANSPORTS LTD., Kell: 1967, finds that operation by applicant, ulations thereunder. Because it is pos­ Cross, P.EJ., Prince Edward Islan in interstate or foreign commerce, as a sible that other persons, who have relied Canada. Applicant’s representativi contract carrier by motor vehicle, over upon the notice of the application as Alfred G. Esposito, 12 Fargo Stree irregular routes, of dry fertilizer mate­ published, may have an interest in and Boston, Mass., to the ports of entry c rials, from Chesapeake, Va., to points in would be prejudiced by the lack of proper M em ber 30, 1966, applicant seeks Hertford, Northampton, Bertie, Gates, notice of the authority described in the certificate of public convenience an and Hailfax Counties, N.C., under a con­ findings in this order, a notice of the necessity authorizing operation, in into] tinuing contract with The Borden Chem­ authority actually granted will be pub­ state or foreign commerce, as a comma ical Co., Smith Douglas Division will lished in the F ederal R egister and is­ carrier by motor vehicle, over irreguh be consistent with the public interest suance of a certificate in this proceed­ of bananas, in the same vehic and the national transportation policy; ing will be witheld for a period of 30 with fresh fruits and vegetables, froi that applicant is fit, willing, and able days from the date of such publication, Boston, Mass., to the ports of entry c properly to perform such service and to during which period any proper party me international boundary line betwee conform to the requirements of the In­ in interest may file a petition to reopen the United States and Canada, locate terstate Commerce Act and the Commis­ or for other appropriate relief setting at or near Calais and Houlton, Main sion’s rules and regulations thereunder. forth in detail the precise manner in £ h°trdei of the Commission, Operatir Because it is possible that other parties, which it has been so prejudiced. Rights Board No. 1, dated May 19, 196 who have relied upon the notice of the 9’ 1967’ finds that tt application as published, may have an N o tic e o f F il in g o f P e t it io n and ani? fifiure Public convenient interest in and would be prejudiced by No. W-364 (Notice of Filing of Peti­ Dlieaiit °T Sitiy/ equire °P eration by aj the lack of proper notice of the authority tion to Reopen “Grandfather” Applica­ mercp ’a111 m^ers

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8840 NOTICES t toner’s representative: Ernie Adamson, correction and modification of certifi­ that it has been called upon to render Box 62, Middleburg, Va. 22117. Petition cate), filed May 22, 1967. Petitioner: the same type of service from Oscar states that Charles Zubik was granted a JOHN W . YOUNG, doing business as Mayer & Co., Madison, Wis., to points in certificate for towing vessels on the Ohio, INTER-CITY TRANSIT AND OHIO Indiana, including those in part (b) Youghiogheny, Allegheny, Monongahela, VALLEY CHARTER SERVICE, Rural above, and in addition, to points in In­ and Knawha Rivers, under W-364; and Delivery No. 2, East Liverpool, Ohio. Pe­ diana in part (a) above. By the instant that said Charles Zubik had begun op­ titioners certificate, which embraces the petition, petitioner requests authority to erations as a water carrier in 1927, and authority held pursuant to MC 124552, add Oscar Mayer & Co., as an additional rendered service by towing vessels and authorizes the transportation of pas­ contracting shipper. Any interested per­ renting or chartering barges to shippers. sengers and their baggage, in the same son desiring to participate may file an Petitioners state that-they have been in­ vehicle with passengers, between Youngs­ original and six copies of his written formed that they may not rent or char­ town, Ohio, and Wheeling, W. Va., over representations, views or argument in ter barges to shippers under authority specified regular routes, serving all in­ support of, or against the petition within granted in W-346. By the instant peti­ termediate points, and between Youngs­ 30 days from the date of publication in tion, petitioners request the Commission town, Ohio, and junction Ohio Highway the F ederal R e g ister . Petitioner shall reopen this proceeding and after due 7 and U.S. Highway 30 over specified within a period 30 days from the date of consideration, modify certificate W-364 regular routes, serving all intermediate this publication, file verified statements so as to permit the renting or chartering points; and over irregular routes, in in support of the petition (including ap­ of barges to shippers, by them or to their round-trip charter service, beginning and propriate evidence of shipper support for assignees. Any interested person desir­ ending at points in Columbiana and the modification purposes). ing to participate may file an original Mahoning Counties (except Youngs­ No. MC 115841 (Notice of Filing of and six copies of his written representa­ town) , Ohio, and extending to points in Petition for Modification of Existing tions, views, or argument in support of, Pennsylvania, Maryland, West Virginia, Certificate), filed May 22, 1967. Peti­ or against, the petition within 30 days Virginia, Michigan, New York, Florida, tioner: COLONIAL REFRIGERATED TRANSPORTATION, INC., Birming­ from the date of publication in the F ed­ and the District of Columbia. By the in­ stant petition, petitioner requests that ham, Ala. Petitioner’s representative: C. eral R eg ister . the authority as granted in his certifi­ E. Wesley, Birmingham, Ala. Petitioner No. MC 7818, P e t it io n fo r W aiver of cate be corrected and modified so as to holds a certificate in No. MC 115841, R u l e 1.01(e) and for L eave T o F il e include “passengers, their baggage and dated November 21, 1966, a portion of P e t it io n for C larification and M o d i­ express matter in the same vehicle with which reads as follows: Fresh and frozen f ic a t io n o f C e r t a in A u t h o r it y D e ­ passengers”. Any interested person de­ poultry, fresh and frozen seafood, and scribed i n C er tific a te MC 7818 siring to participate may file an original frozen fruits and vegetables, from points Petitioner: M AND M HEAVY H AUL­ and six copies of his written representa­ in Delaware, Maryland, and Virginia, ERS CORP., 12400 Emmett Road, Akron, tions, views or argument in support of, or east of the Chesapeake Bay and south of Ohio. Petitioner’s representative: A. against the petition within 30 days from the Chesapeake and Delaware Canals, to Charles Tell, 100 East Broad Street, the date of publication in the F ederal points in Tennessee, with no transporta­ Columbus, Ohio 43215. Petitioner pres­ R eg ister . tion for compensation on return except ently holds a certificate of public con­ No. MC 115782 (Notice of filing of pe­ as otherwise authorized. By the instant venience and necessity under No. MC tition for modification of permit to petition, petitioner requests that this 7818, issued November 4, 1964, as include an additional contracting ship­ portion of its certificate be modified to amended by order dated January 26, per)^ filed June 5, 1967. Petitioner: VAN read: “Fresh and frozen poultry, fresh 1966, to reflect a change in corporate METER TRUCK ING CO., INC., 1020 and frozen seafood, frozen fruits and name from Urich Transfer, Inc., to West Ray Street, Indianapolis, 2nd. vegetables (currently authorized), and M and M Heavy Haulers Corp. In Petitioner states it is a contract carrier frozen foods when moving in mixed loads the said certificate petitioner holds under permit No. MC 115782 authorizing therewith, from points in Delaware, authority to transport household goods, a transportation service in interstate or Maryland, and Virginia, east of the as defined by the Commission, live­ foreign commerce as specified below: Chesapeake Bay and south of the Chesa­ stock, and heavy machinery, between Irregular routes: Meats, meat products, peake and Delaware Canals, to points in points in Tuscarawas County, Ohio, and meat byproducts, as described in Tennessee, with no transportation for on the one hand, and, on the other, section A of appendix I to the report in compensation on retum except as other­ points in Pennsylvania, West Virginia, Descriptions in Motor Carrier Certifi­ wise authorized”. Any interested person and Ohio. Petitioner-states that the Com­ cates, 61 M.C.C. 209 and 766, (a) From desiring to participate, may file an mission has given thorough considera­ Indianapolis, Ind., to points in Indiana original and six copies of his written tion to heavy hauling operations since (except that portion of Indianaron, south representations, views, or argument in the issuance of petitioner’s certificate and west of a line beginning at the Uli- support of, or against the petition within 30 days from the date of publication in and, as a result thereof petitioner’s ability nois-Indiana State line and extending to continue its heavy hauling operations along U.S. Highway 36 to Indianapolis, the F ederal R eg ister . under the commodity description “heavy and thence along Indiana Highway 37 No. MC 123055 (Notice of Filing of Peti­ machinery” is being questioned. By the to the Indiana-Kentucky State line), tion To Modify Permit by Adding a instant petition, petitioner requests that with no transportation for compensa­ Shipper), filed May 1, 1967. Petitioner: part of its certificate MC 7818 as pertains tion on return except as otherwise au­ C. J. O ’BRIEN, doing business as TWIN to “heavy machinery” be modified to thorized. Restriction: The operations au­ CITIES-BRAINERD EXPRESS, Brain- read “commodities, the transportation thorized hereinabove are limited to a erd, Minn. Petitioner holds a permit au­ of which because of size or weight re­ transportation service to be performed thorizing the transportation of beer and quire the use of special handling or spe­ under a continuing contract, or con­ malt beverages, from Milwaukee, Wis., to cial equipment, and of related articles tracts, with the following shippers: Brainerd, Minn., over specified regular and supplies when their transportation Armour & Co., Wilson & Co., John Mor­ routes, serving no intermediate points, is incidental to the transportation of rell & Co., E. Kahn Sons Co., The Rath limited to a transportation service to be commodities which by reason of size or Packing Co., Waterloo, Iowa, and Swift performed under a continuing contract, weight require the use of special han­ & Co., Chicago, HI. (b) From Indianap­ or contracts, with Fruth Beverage Co. By dling or special equipment”. Any inter­ olis, Ind., to points in that part of the instant petition, petitioner seeks per­ ested person desiring to participate, may Indiana on, south, and west of a line mission to add Russell Creamery Co. as a file his written representations, views, or beginning at the Illinois-Indiana State contracting shipper. Any interestea person desiring to participate, may n argument in support of, or against, the line and extending along U.S. Highway 36 to Indianapolis, Ind., and thence along an original and six copies of his writte petition within 30 days from the date of Indiana Highway 37 to the Indiana-Ken­ representations, views, or argument, publication in the F ederal R egister. tucky State line, with no transportation suppjort of, or against the petition witn No. MC 109417 (Sub-No. 1) and MC for compensation on return except as 30 days from the date of publication 124552 (Notice of filing of petition for otherwise authorized. Petitioner states the F ederal R eg ister .

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8841

APPLICATIONS FOR CERTIFICATES OR PER­ PANY, INC., of the operating rights and that part of Wisconsin on and south of MITS W h ic h are T o B e P rocessed C o n ­ property of BELL MOTOR FREIGHT, U.S. Highway 16, from Camp Hill, Pa., currently W it h A pplications U nder INC., in lieu of control and merger! and Clifton, N.J., to Baltimore and Cum­ S e c t io n 5 G o verned b y S p e c ia l R u l e No. MC-F-9779. Authority sought for berland, Md., and Washington, D.C.; 1.240 t o th e E x t e n t A p p l ic a b l e control and merger by PIQUA TRANS­ commodities in hulk (except flour and No. MC 10955 (Sub-No. 11), filed May FER & STORAGE CO., 524 Young Street, liquids), restricted to shipments having 29, 1967. Applicant: RENNER MOTOR Piqua, Ohio 45356, of the operating an immediately prior movement by rail; LINES, INC., 622 West Waterloo Road, rights and property of LYTLE TRANS­ between points in Arkansas, Illinois, Akron, Ohio 44314. Applicant’s repre­ FER LINE, INC., 330 East Sandusky Iowa, Kansas, Missouri, and Oklahoma; sentative:^ Homer S. Carpenter, 618 Street, Findlay, Ohio 45840, and for ac­ salt, in bulk, in tank or hopper vehicles, Perpetual Building, Washington, D.C. quisition by HOW ARD LANE and from Hutchinson, Kans., to Kansas City 20004. Authority sought to operate as a FLOSSIE G. LANE, both of 1302 Maple­ and St. Joseph, Mo.; and flour, in bulk, in common carrier, by motor vehicle, over wood, Piqua, Ohio, of control of such tank or hopper type vehicles, from Buf­ irregular routes, transporting: (1) Gen­ rights and property through the trans­ falo, N.Y., to Cleveland, Ohio. FRANK eral commodities between Barberton, action. Applicants’ attorney: James PETERLIN, individually holds no au­ Ohio, on the one hand, and, on the other, Muldoon, 50 West Broad Street, Colum­ thority from this Commission. However, points in Ohio, (2) beer and ale, between bus, Ohio 43215. Operating rights sought he is affiliated with PETERLIN CART­ Akron, Ohio, on the one hand, and, on to be controlled and merged: Household AGE CO., INC., 9651 South Ewing Street, the other, points in Ohio, and (3) house­ goods as defined by the Commission, as Chicago, HI. 60617, which is authorized hold goods, office furniture, and fixtures a common carrier, over irregular routes, to operate as a common carrier in Illi­ between points in Summit County, Ohio, between points in Ohio, on the one hand, nois, Indiana, Ohio, Michigan, Iowa, on the one hand, and, on the other, points and, on the other, points in Illinois, Indi­ Kentucky, Minnesota, Wisconsin, Kan­ in Ohio, restricted against the transpor­ ana, Kentucky, Michigan, New York, sas, Missouri, North Dakota, South Da­ tation of household goods, office furni­ Ohio, Pennsylvania, and West Virginia. kota, Tennessee, and West Virginia. Ap­ ture, and fixtures from and to any point PIQUA TRANSFER & STORAGE CO. is plication has been filed for temporary in Summit County, other than Barber­ authorized to operate as a common car­ authority under section 210a (b ). ton, where the principal place of business rier in Ohio, Indiana, Illinois, Pennsyl­ No. MC F-9781. Authority sought for of a certificate holder operating van vania, and Michigan. Application has purchase by DUFF TRUCK LINE, INC., equipment is located. N o t e : This appli­ not been filed for temporary authority Broadway and Vine Streets, Lima, Ohio cation is a matter directly related to under section 210 a (b). 45802, of the operating rights and prop­ Docket No. MC-F-9771, published F ed ­ No. MC-F-9780. Authority sought for erty of H ARRY C. DECK, doing business e r a l R egister issue of June 7, 1967. Ap­ control by FRANK PETERLIN, 9651 as DELTA TRUCK LINES, 509 Main plicant indicates it will tack at Barber­ South Ewing Avenue, Chicago, 111., of Street, Delta, Ohio 43515, and for ac­ ton, Ohio, to permit operations from BULK MOTOR TRANSPORT, INC., 440 quisition by L. EUGENE DUFF, also of points in Ohio, to points in West Virginia, Board of Trade Building, Kansas City, Lima, Ohio, of control of such rights and Pennsylvania, Maryland, and the District Mo. 64105. Applicants’ attorney: Joseph property through the purchase. Appli­ of Columbia, and on return. If a hearing M. Scanlan, 111 West Washington Street, cants’ attorney: James Muldoon, 50 West is deemed necessary, applicant requests Chicago, 331. 60602. Operating rights Broad Street, Columbus, Ohio. Operating it be held at Washington, D.C. sought to be controlled: Flour, in bulk, rights sought to be transferred: General in tank type vehicles, as a common car­ commodities, except those of unusual A pplications U nder S e c t io n s 5 and rier, over irregular routes, from St. Louis, value, and except high explosives, house­ 210a(b) Mo., Chicago, HI., Detroit, Mich., and hold goods (when transported as a sep­ The following applications are gov­ certain specified points in Ohio, to points arate and distinct service in connection erned by the Interstate Commerce Com­ in Illinois, Indiana, Ohio, and the Lower with so-called “household movings”) , mission’s special rules governing notice Peninsula of Michigan; flour, in bulk, commodities in bulk, commodities re­ of filing of applications by motor carriers between points in Kansas, Missouri, and quiring special equipment, and those in­ of property or passengers under sections Oklahoma, between points in Minnesota, jurious or contaminating to other lading, 5(a) and 210a(b) of the Interstate Com­ between points in Minnesota, on the one as a common carrier, over a regular merce Act and certain other proceedings hand, and, on the other, points in Iowa route, between Toledo, Ohio, and Delta, with respect thereto. ( 49 CFR 1.240.) and Missouri, between points in Illinois, Ohio, serving the intermediate and off- between points in Wisconsin, from points M otor C arriers o f P r o p e r t y route points of Crissey, Swanton, and in Missouri, to points in Illinois and W is­ Holland, Ohio. (Transferee proposes that No. MC-F-9690 (Correction) (LYONS consin (except from St. Louis, Mo., to that portion of the Toledo commercial TRANSPORTATION LINES, INC.__ points in Illinois), between points In zone, lying within the State of Michigan p° nt;ro1 an.d Purchase (Portion)— THE Georgia, Kentucky, North Carolina, be deleted.) Vendee is authorized to op­ To? ® 11 LINE CORP-: LEHMAN CART- Ohio, Pennsylvania, South Carolina, and erate as a common carrier, in the State n ^ rr,5 iC -~Purchase (Portion)— THE West Virginia, between points in Geor­ of Ohio, and under a certificate of reg­ EITER LINE CORP.) , published in the gia, Kentucky, North Carolina, Ohio, istration as a common carrier, within the March 15, 1067, issue of the F ederal Pennsylvania, South Carolina, and West State of Ohio. Application has not been on page 4101- The authority Virginia, on the one hand, and, on the filed for temporary authority under t v a ™ ls for c°ntrol and merger by other, points in Virginia except that no section 210 a (b ) . TNPNS, TRANSPORTATION l i n e s , service is authorized from points in Vir­ No. MC F-9782. Authority sought for pL“-’ ?fJ£ e operating rights and prop­ ginia, to certain specified points in Penn­ control by, SALVADOR L. D ’ANTONI, erty Of THE BETTER LINE CORP., and sylvania; between points in Connecticut, SR., GERALD D ’ANTONI, AND SAL­ mr purchase by LEHMAN CARTAGE, Delaware, Massachusetts, New Hamp­ VADOR L. D ’ANTONI, JR., 1345 Jeffer­ of TTrtn ^ ? rtion of the operating rights shire, New Jersey, New York, Rhode Is­ son Highway, New Orleans, La. 70121, of SL3S* EK T EK L M E CORP., in lieu of land, Vermont, and Maine, with restric­ T. L. MYDLAND TRUCK LINES, INC., TONS TRANSPORTATION l i n e s , tions; between points in Illinois, Indiana, 1345 Jefferson Highway, Post Office Box of tv,v° con^ l and purchase a portion Ohio, and the Lower Peninsula of Michi­ 10086, New Orleans, La. 70121. Appli­ Tmr ^ h t s and property of gan, between points in Tennessee, on the cants’ attorney: Clarence D. Todd, 1825 IHE BETTER LINE CORP. one hand, and, on the other, points in Jefferson Place NW., Washington, D.C. TRUP^i^S“ 9748 (Correction) (GRAFF Georgia, South Carolina, and North 20036. Operating rights sought to be con­ S r SSrx0 0 -’ — Control and Carolina, from Quincy, Mich., to points trolled: Authority applied for in pending mrg\ BELL MOTOR FREIGHT, in Iowa, Nebraska, Missouri, and Okla­ Docket Nos. MC 127833 and MC 127833 , Polished in the May 24, 1967, homa, from Chester, HI., to points in Sub 2, covering the transportation of Iowa, Missouri, Oklahoma, and Tennes­ F ederal R eg ister , on page nonalcoholic beverages, in containers, as see, from Davenport and Des Moines, a contract carrier, over irregular routes, e)mi‘ authority sought is tor pur- Iowa, to points in that part of Hlinois on from the plantsite of the Coca-Cola 6 by GRAFF TRUCKING COM­ and north of U.S. Highway 136, and to Bottling Co., in Gretna, La., to points in

FEDERAL REGISTER, V O L 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8842 NOTICES

Louisiana and Mississippi, and Houston, Washington, D.C. ; cotton, between points Taylor, Providence, R.I., of permit No. Galveston, Port Arthur, and Beaumont, in North Carolina and South Carolina; MC-19306, issued June 8 , 1943, to Taylor Tex., Pensacola, Fla., Mobile, Demopolis, and new, used, and reconditoned furni­ Brothers Teaming Corp. of Rhode Island, Frisco City, and York, Ala.; and non­ ture, store fixtures, and store display Providence, R.I., and authorizing the alcoholic beverages, in cans, from equipment, between Henderson and transportation of general commodities, Gretna, La., to points in Tennessee, Ar­ Statesville, N.C., on the one hand, and, between points and places in Massachu­ kansas, and Texas (except Houston, on the other, points in Georgia, South setts, Connecticut, and Rhode Island, re­ Galveston, Port Arthur, and Beaumont, Carolina, and Virginia, with restriction. stricted to a service in which the carrier and Gordo, Ala., under contract with Vendee is authorized to operate under a leases trucks with drivers to the shippers The Louisiana Coca-Cola Bottling Co., certificate of registration, as a common for the transportation of such shippers’ Ltd. SALVADOR L. D ’ANTONI, SR., carrier within the State of North Caro­ property. Francis E. Nute, 177 Benefit GERALD D’ANTONI, and SALVADOR lina. Application has been filed for tem­ Street, Providence, R.I. 02903 representa­ L. D ’ANTONI, JR., individually hold no porary authority under section 210a (b ). tive for applicants. authority from this Commission. How­ N o t e : MC 99644 Sub-No. 2 is a matter No. MC-FC-69653. By order of June ever, they are affiliated with S. D ’AN­ directly related. 12, 1967, the Transfer Board approved TONI, INC., 1333 Jefferson Highway, No. MC-F-9784. Authority sought for the transfer to Payne Freight Lines, Inc., Post Office Box 10052, New Orleans, La. control by BONDY CARTAGE, LIM ­ Mount Ayr, Iowa, of certificates Nos. MC- 70121, which is authorized to operate as ITED, 2970 College Avenue, Windsor, 40719 and MC-40719 (Sub-No. 5), issued a contract carrier in Alabama, Missis­ Ontario, Canada, of MORRICE CAR­ October 24, 1949, and June 8 , 1967, re­ sippi, Louisiana, Florida, and Arkansas. TAGE, LIMITED, 1985 Munsee, Windsor, spectively, to R. A. Payne, Roy Payne, Application has not been filed for tem­ Ontario, Canada, and for acquisition by and Troy Payne, a partnership, doing porary authority under section 2 10 a (b ), H ENRY T. BONDY, also of 2970 College business as Payne Freight Lines, Mount No. MC-F-9783. Authority sought for Avenue, Windsor, Ontario, Canada, u f Ayr, Iowa, and authorizing the trans­ purchase by D & D TRUCK ING COM­ control of MORRICE CARTAGE, LIM ­ portation of among other, general com­ PANY, Highway 70 West, Post Office Box ITED, through the acquisition by modities, except livestock and explosives, 755, Conover, N.C. 28613, of the operat­ BONDY CARTAGE, LIMITED. Appli­ over a regular route between St. Joseph, ing rights of CRESCENT EXPRESS, cants’ attorney: Rex Eames, 900 Guard­ Mo., and Tingley, Iowa, serving the in­ INC., Route N o .l, Box A 328, Statesville, ian Building, Detroit, Mich. 48226. Op­ termediate and off-route points of Ells- N.C. 28677, and for acquisition by erating rights sought to be controlled: ton, Beaconsfield, Kellerton, Maloy, and GEORGE RAY D eHART, also of Co­ General commodities, excepting, among Blockton, Iowa; general commodities, nover, N.C., of control of such rights others, household goods and commodi­ with the usual exceptions, over a regular through the purchase. Applicants’ attor­ ties in bulk, as a common carrier, over route between Tingley, Iowa, and Oma­ ney: Herbert Burstein, 160 Broadway, irregular routes, between Detroit, Mich., ha, Nebr., serving all intermediate and New York, N.Y. 10038. Operating rights and points in Michigan within 8 miles off-route points within 10 miles of Ting­ sought to lie transferred: Tungsten con­ of Detroit, on the one hand, and, on the ley; also, over a regular route between centrates, as a common carrier, over ir­ other, the boundary of the United States Mount Ayr, Iowa, and St. Joseph, Mo., regular routes, from points in Vance and Canada, through the port of entry serving the intermediate and off-route County, N.C., to Glen Cove and Long at Detroit. BONDY CARTAGE, LIM IT ­ points of Benton, Bedford, Diagonal, and Island, N.Y., and Euclid, Ohio; agricul­ ED is authorized to operate as a com­ Clearfield, Iowa; also over a regular tural commodities, from points in Vance mon carrier in Michigan. Application route between Mount Ayr, Iowa, and Des and Warren Counties, N.C., to Washing­ has not been filed for temporary au­ Moines, serving no intermediate points; ton, D.C., Philadelphia, Pa., and New thority under section 210a (b ). and, household goods, as defined in 17 York, N.Y.; tobacco, from points in North M.C.C. 467, over irregular routes, be­ By the Commission. Carolina and Virginia within 100 miles tween points and places in Ringgold of Henderson, N.C., to Henderson, N.C., H. N e il G a r s o n , County, Iowa, on the one hand, and, on from Henderson, N.C., and points in Secretary. the other, points and places in Missouri. Stephen Robinson, 2212 39th Street, Des North Carolina and Virginia within 100 [F.R. Doc. 67-6952; Filed, June 20, 1967; miles of Henderson, N.C., to certain 8:47 a.m.] Moines, Iowa 50310, attorney for appli­ .specified points in North Carolina and cants. Danville, Va., from certain specified No. MC-FC-69665. By order of June points in North Carolina, to certain [Notice 1535] 13, 1967, the Transfer Board approved specified points in Virginia and North MOTOR CARRIER TRANSFER the transfer to Javco Trucking, a cor­ poration, Torrance, Calif., of the certifi­ Carolina, with restriction; carbide, from PROCEEDINGS Ivanhoe, Va., to certain specified points cate of registration in No. MC-121154 in North Carolina; bagging and cotton Ju n e 16, 1967. (Sub-No. 1), issued April 1,1964, to John ties, from Henderson, N.C., to points in Synopses of orders entered pursuant to R. Webb, doing business as Webb Truck South Carolina and those in that part section 212(b) of the Interstate Com­ Co., Long Beach, Calif., and evidencing of Georgia on and east of U.S. Highway merce Act, and rules and regulations a right to engage in transportation in 1, from points in South Carolina to Hen­ prescribed thereunder (49 CFR Part interstate or foreign commerce cor­ derson, N.C.; seed and seed plants, from 279), appear below: responding to the authority in certificate Richmond, Va., and Baltimore, Md., and As provided in the Commission’s of public convenience £,nd necessity points in that part of South Carolina and special rules of practice any interested granted in decision No. 12823, dated No­ Georgia on and east of U.S. Highway 1, person may file a petition seeking re­ vember 14, 1923, and transferred to to Henderson, N.C., and points in North consideration of the following numbered transferor by decision No. 62797, dated Carolina and Virginia within 100 miles proceedings within 20 days from the date November 14,1961, by the Public Utilities of Henderson, N.C., with restriction; of publication of this notice. Pursuant to Commission o£ California. William Da­ glass, from Laurens, S.C., to Henderson, section 17(8) of the Interstate Commerce vidson, 2455 East 27th Street, Vernon, N.C., phosphate, from Charleston, S.C., Act, the filing of such a petition will Calif. 90058, representative for appli­ to Richmond, Va., burlap bags, from postpone the effective date of the order cants. Richmond, Va., to Greenville and New in that proceeding pending its disposi­ No. MC-FC-69670. By order of Bern, N.C.; groceries, feed, and glass­ tion. The matters relied upon by petition­ June 12, 1967, the Transfer Board ap­ ware, from certain specified points in ers must be specified in-their petitions proved the transfer to Lambert T ra n s fe r Virginia, to Henderson, N.C.; potatoes, with particularity. & Storage, Inc., Opelika, Ala. 36801, o from Robersonville, N.C., and points No. M C-FC—69593. By order of June 13, the operating rights of Thomas M- within 25 miles of Robersonville, N.C., 1967, the Transfer Board approved the Lambert, Sr., doing business as L am b ert to Richmond and Norfolk, Va., Balti­ transfer to Reginald J. Taylor and Transfer Co., Opelika, Ala. 36801, l more, Md., Philadelphia and Pittsburgh, George G. Taylor, Jr., a partnership, certificate No. MC-60083, issued Mama 29, 1955, authorizing the transportation, Pa., New York, N.Y., Newark, N.J., and doing business as R. J. Taylor and G. G.

FEDERAL REGISTER. VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 NOTICES 8843 over irregular routes, of household authorizing the transportation of gen­ 15 miles of Hamlin; agricultural imple­ goods, as defined, between Opelika, Ala., eral commodities, with the usual excep­ ments, over irregular routes, from Chi­ and points within 50 miles of Opelika, tions, between Bronx, Kings, New York, cago, Rock Island, Canton, Rock Falls, except Columbus, Ga., on the one . hand, and Queens Counties, N.Y., on the one and Moline, HI., to Audubon and and, on the other, points in Alabama, hand, and, on the other,- points in Exira, Iowa; twine, from Chicago, 111., Georgia, Tennessee, Mississippi, and Bergen, Essex, Hudson, Passaic, and to Audubon and Exira, Iowa; sand and Florida, household goods, as defined, Union Counties, N.J. John M. Zachara, gravel, from Plattsmouth, Nebr., and office furniture and equipment, and Post Office Box Z, Paterson, N.J. 07509, points within 8 miles thereof to Hamlin, store fixtures, between Opelika, Ala., representative for applicants. Iowa, and poinife within 15 miles there­ and points within 12 miles thereof, on No. MC-FC-69689. By order of of; and brooder houses, chicken houses, the one hand, and, on the other, points June 13, 1967, the Transfer Board ap­ and portable farm houses, from Exira, in Georgia, cotton seed, cottonseed hulls, proved the transfer to Shanahan Trans­ Iowa, to points in Illinois, Indiana, Ne­ flowers, and shrubbery, from Opelika to fer & Storage Co., a corporation, Pitts­ braska, Minnesota, and Wisconsin. W al­ points in Georgia, within 110 miles of burgh, Pa. 15213, of the operating rights ter L. Williams, East Division North, Opelika, and meat, meat products, and of Shanahan Transportation Co., a Audubon, Iowa 50025, representative for meat byproducts, and dairy products as corporation, Pittsburgh, Pa. 15213, in applicants. classified under (a) and (B ) in the ap­ certificate No. MC-60604, issued Sep­ No. MC-FC-69691. By order of June pendix to Modification of Permits of tember 18, 1940, authorizing the trans­ 12, 1967, the Transfer Board approved Motor Carriers of Packing House Prod­ portation, over irregular routes, of the transfer to William R. Fentress, ucts, and soap and soap products, and household goods, between points in a doing business as W alt’s Drive-A-Way vegetable oil shortening, from Opelika, described portion of Pennsylvania, on Service, Evansville, Ind., in certificates Ala., to points in Alabama and Georgia the one hand, and, on the other, points Nos. MC-126717 and MC-126717 (Sub- located within 50 miles of Opelika. J. in Illinois, Maryland, Indiana, Michigan, No. 2), issued September 30, 1965, and Douglas Harris, 410 Bell Building, Mont­ New Jersey, New York, Ohio, Virginia, June 23, 1966, respectively, authorizing gomery, Ala. 36104, attorney for appli- West Virginia, and the District of the transportation, over irregular routes, Columbia* William L. Jacob, 1506 Law of truck-mounted cranes, in initial No. MC-FC-69672. By order of and Finance Building, 429 Fourth movements, in driveaway service, from June 13, 1967, the Transfer Board ap­ Avenue, Pittsburgh, Pa. 15219, attorney Evansville, Ind., to points in Alaska, Ala­ proved the transfer to Remo Transports, for applicants. bama, Arkansas, California, Connecti­ Inc., Route 4, Vinita, Okla., of certifi­ No. MC-FC-69690. By order of June 13, cut, Florida, Hlinois, Kentucky, Maine, cate No. MC-127175 (Sub-No. 3) issued 1967, the Transfer Board approved the Maryland, Mississippi, New Hampshire, September 27,1966, to Omer B. Williams transfer to Williams Truck Lines, Inc., New Jersey, New Mexico, New York, and Thomas E. Williams, a partnership, Audubon, Iowa, of certificates Nos. M C - Oklahoma, Pennsylvania, Rhode Island, doing business as White Oak Mill, 44989 and MC-44989 (Sub-No. 2), issued Tennessee, Texas, and Virginia, and of Route 4, Vinita, Okla., authorizing the June 4, 1954 and March 23, 1956, respec­ chassis, for self-propelled cranes, in in­ transportation of: Dry potash com­ tively, to Walter L. Williams, doing bus­ pounds and boron compounds, from iness as Williams Truck Lines, Audubon, itial movements, in driveaway service, points in Eddy and Lea Counties, N. Iowa, authorizing the transportation of from Tulsa, Okla., and Clintonville, Wis., Mex., to points in Kansas, Missouri, and among other commodities, livestock, be­ to Evansville, Ind., and Erie, Pa. Davis Oklahoma. tween Atlantic, Carroll, and Guthrie M. Keck, 316 Old National Bank Build­ No. MC-FC-69684. By order of Center, Iowa, and Omaha, Nebr., over ing, Evansville, Ind. 47708, attorney for June 12, 1967, the Transfer Board ap­ a specified regular route, serving the in­ applicants. proved the transfer to Nady Express termediate point of Harlan, Iowa, re­ Co., Inc., Secaucus, N.J., of certificate stricted to pickup only; livestock and [ s e a l] H . N e il G arsow, No. MC-1826, issued December 10, 1940, feed, over a regular route between Oma­ Secretary. to West Hoboken Transfer & Express ha, Nebr., and Hamlin, Iowa, serving in­ [F.R. Doc. 67-6953; Filed, June 20, 1967; Co., a corporation, Union City, N.J., and termediate arid off-route points within 8:47 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 119— WEDNESDAY, JUNE 21, 1967 8844 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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 June.

1 CFR Page 7 CFR—Continued page 12 CFR— Continued Page 20_____ 7899 1823______— — — 8367 329. 8578 1861______8064 526. 8023 3 CFR 1872______8066, 8290 545. 8814 P roposed R ules: 555. 8238 P roclamations : 26______1 8116 562. 8125 569. 3787__— ______-______8017 52— ______8301, 8719 8023 3788—______—______- 8465 63______8004, 8093 3789______8749 777— ______7976, 8380 13 CFR 8039 E x e c u t iv e O rders: 915______302— ____ 8707 8247 July 2, 1910 (modified by PLO 917— ______— 303______8708 4227) ______- ______8037 953------8039 5327 (revoked in part by PLO 958______— 8168 4230)______8809 987______8171 14 CFR 6583 (revoked in part by PLO 1001— ______8175, 8720 39______.______7948 4223)______8036 1002 ______8175, 8720 8024, 8079, 8295, 8357, 8579, 8708 11356 ______8019 1003 ______—— ____ 8175, 8720 71— ______7948, 11357______:------8225 1004 ______7976, 8175, 8176, 8720 8024, 8079, 8080, 8127, 8295, 8405, 11358 ______- ____ - ______8227 1015 ______— ______8720 ______—8580, 8175, 8657, 8708-8710. 1016 _ 8175, 8720 73______8024, 8127, 8710 1030 ______8529 91______8127,8405 5 CFR 1031 ______:------8529 95______8658 8529 213 ______8021, 1032 ______8176, 97______7949, 8296, 8660 8124, 8229, 8281, 8511, 8657, 8751 1034______8591 135______- ______8405 8529 550...... M ______8751 1038 ______------208______8752 8529 735. ______8281 1039 ______221____.______— 8127 1050 ______8176 224____ 7901 1051 ______i------8529 233______.______8793 7 CFR 1060______8093 288—______7901 8529 28. ______8760 1062 ______— — 8176, 310______8793 8529 44. ______'8575 1063______8179, 384 ______8797 ,8529 52. ~— ______8575 1067______- ____ - 8176 385 ______«______8799 8529 56. ______8229 1070______389______8804 ______8576 107a— — ______——------8247 61. P roposed R ules: 301______7958, 87051078a.______8529 319______—------7958 1079______8529 39______¿ —_ 79 78, 7979, 8622,8681 401______8665 1099______8380 61.______.______8094 406______8512 1103 ______— ------8093 63______—______8094 722 7910, 86661104______——------8247 6 5 „ ______— 8094 71______7979, 728— ______— 8577 1132______8247 8720 730______8666 1134______8248, 8181, 8182, 8301-8303, 8422, 8681, 751______8512, 8577 1136______8180 8722-8724,8818,8819. 775______8123 73 8422, 8682 777______8675 8 CFR 75———————______8095,8725 780______:------8676 211______8378 207 ______8765 8707 208 ______8248,8765 811______- ______8577 212...... - ______814______8805 212 ______8765 845______8234 9 CFR 214 8248, 8765 848______8123 51______8752 243IIIIIIIIIHZI______8380,8529 74______— 8519 249 ______8765 891_____- ______8283 295______8248,8765 892_------8413 78______8752 905 ______8234, 8705, 8761 83______8078 908____ 8021, 8123, 8363, 8513, 8705, 8807 P roposed R ules: 15 CFR 8027 910 ______8021, 8364, 8417, 8705, 8807 101______—. 8529 201 911 ______8022,8513 8529 8581 102.—.______370 8129 915 ______8761 114______8529 371 __ 8133,8581 916 ____ 7911, 7959, 7960, 8364, 8365 201______8621 382------8130 917 ______8063, 8513-8517, 8706 203______8621 922 ______— ------8518 316— ______8420 399— — — — — — — — ______81-30,8582 923 ______8518 317 ____ 8420 944 ______8235, 8761 318 __ _ 8420 16 CFR 953______- ______— 8417 8444 980______— ______8418 10 CFR 8444 1004_____ 1____ 1______8063 70. 8124 1006_____ v______- 8707 140 8124 1062______r------8022 4______P roposed R u l e s : 1063—.______8023 13______8238-8240, 8423 8406,8407 1421______7961, 8124, 8283, 8578 50______15______1425______— ______8365 12 CFR 1602______- ______— 8519 17 CFR 1804______—,______8235 221- ______8357 8357 1812______8366 264______8519 240______FEDERAL REGISTER 8845

18 CFR Page 32 CFR Page 42 CFR Page 2______8521 63— .______8293 51______8243 101______8657 256______8089 54______8145 260______8522 267______8588 59______a______8295 301______8133 538______8091 P roposed R u l e s : 706 ______Proposed R u l e s : 8808 53______8334 707 ______154______7920 8589 71______8679 881______260______7920 7962 73______8181 1001______8142 19 CFR 1002 —— _ 8143 43 CFR 1003______8143 i.------8025 1007______8144 21______8361 19______8134 1013______8144 P u b l ic L and O rders: 24______— 8025 1467______8091 4189______7913 Proposed R u l e s : 1705______8757 4221______7913 8______8719 4222 ____ 7913 10______7917 33 CFR 4223 ______8036 17______8719 4224 ______8036 207______8716 23______8093 4225 ______8037 P roposed R u l e s : 4226 ______8037 20 CFR 82______8763 4227______8037 4228 ______8808 404______8281 4229 _ 8809 35 CFR 4230 ______8809 21 CFR 67______8026 P roposed R u l e s : 3______7945 111______8243 123______8243 2244_____ 8622 8______8586, 8753, 8814 3170______8622 14______8814 253______8361 19______8358 44 CFR 27______8134 36 CFR 37______— 8359 P roposed R u l e s : i______120 ______8025, 8294, 8815, 8816 8294 401______7978 121 _ 7911,2 ______8294 3______7945-7947, 8359, 8360, 8522, 8523, 8294 45 CFR 5______8294 8587, 8753, 8816, 8817. 177 ______8146 130— ______8080, 8753 P roposed R u l e s : 178 ______8146 P roposed R u l e s : 8039 801______8091, 8246, 8523, 8590 8------8094 17------7917 38 CFR 46 CFR 120 ______8379 9______8144 10______7914 121 ------8379 146 ______8148 147 ------8148 22 CFR 39 CFR 402______8589 41 ------8511, 8711 143______- 7955 502 ______8407 42 ------8409 503 ______8407 P roposed R u l e s : 510______8523 141______— 8379 23 CFR 533______7915 47 CFR 255______8808 41 CFR 1 _ 8813 25 CFR 7-1— ______8467 2 _ 8147 7-2______8468 183------8587 17______8813 7-3______8468 73______7915, 7955, 8524, 8677, 8813 7-4____ 8468 P roposed R u l e s : 26 CFR 7-5______8468 1______7917 1------8711, 87547-6______»______8468 301------8240, 87117-10______8469 73 _ 7918, 7919, 8530, 8533 7-12______8469 74 _ 8725 601------8135 91— ______8533 Proposed R u l e s : 7-15______8469 7- 16______8469 97______8303 I ------8093 8- 1______7912 49 CFR 28 CFR 8-3— 1______8027 8- 6 _ 7912191______8092 0------8144, 85239- 1______— ______8410 195______8037, 8038, 867£, 8718 9-3______8410 293______7956, 8246 29 CFR 9-7______7912,P roposed 8410 R u l e s : 9-15______— _ 8410 110______8381, 8725 697 ------8408 9-16— ______7912, 8410270______8182 9- 51-______— ______— ______8410 282______8725 30 CFR 10- 60______8676 11- 3______8027 50 CFR P roposed R u l e s : 50-204____ 8412 10______8718 101-11_____ 8034 II ------8162 32______8246 101-35______8758 31 CFR 101-38______8144 P roposed R u l e s : 101-45______8145 32______8765 251------— — 7947 101-46______8145 254______— _ 8419

No. 119------a

■ n i M IIHIffl

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS • Messages to the Congress • Public speeches and letters • The President’s news conferences rUBLIC PAPERS OF THE PRESIDENTS • Radio and television reports to OF THE UNITED STATES the American people • Remarks to informal groups Lyndon B. Johnson

Containing the Public Messages. Speeches, and PUBLISHED BY Statements oj the President Office of the Federal Register National Archives and Records Service General Services Administration

ORDER FROM Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402

PRIOR VOLUMES

Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson—1965 year of President Johnson are available at comparable prices from the Superintendent of Docu­ B o o k I (January 1-May 31, 1965) ment^, U.S. Government Printing Office, Washington, D.C. 20402. B o o k II (June 1-December 31, 1965) ■ SV r EACH