FEDERAL REGISTER VOLUME 34 • NUMBER 122 Thursday, June 26, 1969 • Washington, D.C. Pages 9841-9909

NOTICE New Location of Federal Register Office. O n and after June 30, 1969, the Office of the Federal Agencies in this issue— Register will be located at 633 Indiana Ave. N W ., Agriculture Department Washington, D.C. Documents transmitted by messen­ Atomic Energy Commission ger should be delivered to Room 405, 633 Indiana Ave. Civil Aeronautics Board Consumer, and Marketing Service N W . Other material should be delivered to Room 400. Customs Bureau Mail Address. Economic Opportunity Office M ail address will remain unchanged : Office of the Federal Aviation Administration Federal Communications Commission Federal Register, National Archives and Records Serv­ Federal Home Loan Bank Board ice, Washington, D.C. 20408. Federal Housing Administration Public Inspection of Documents. Federal Insurance Administration Federal Maritime Commission O n and after June 30, 1969, documents filed with Federal Power Commission the Office of the Federal Register will be available for Federal Reserve System public inspection in Room 405, 633 Indiana Ave. N W ., Federal Trade Commission Washington, D.C., on working days between the hours Food and Drug Administration of 9 a.m. and 5 p.m. Foreign Direct Investments Office General Services Administration Hazardous Matérials Regulations Board Interstate Commerce Commission Labor Department Land Management Bureau Maritime Administration Narcotics and Dangerous Drugs Bureau Public Health Service Renegotiation Board Securities and Exchange Commission Small Business Administration Veterans Administration Wage and Hour Division Detailed list o f Contents appears inside. Notice of Change in Price

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AGRICULTURE DEPARTMENT ECONOMIC OPPORTUNITY FEDERAL INSURANCE See also Consumer and Marketing OFFICE ADMINISTRATION Service. Notices Rul es and Regulations Notices Community action programs; re­ Areas eligible for sale of Wyoming; designation of areas quirement of affirmative action insurance______:______9857 for emergency loans------9878 civil rights program______9902 FEDERAL MARITIME FEDERAL AVIATION ATOMIC ENERGY COMMISSION COMMISSION Rules and Regulations ( ADMINISTRATION Notices Public records; miscellaneous Rules and Regulations amendments ______9849 Airworthiness directives ; Piper Hamburg-American Line and aircraft ------9852 North German Lloyd; agree­ Notices Control zone ; revocation______9854 ment filed for approval______9899 Consolidated Edison Company of Prohibited area and restricted New York, Inc.; application for area; designation and altera­ FEDERAL POWER COMMISSION construction permits and facility tion ______9854 Notices licenses ^______9899 Technical publications ; incor­ poration by reference______9851 Hearings, etc,: CIVIL AERONAUTICS BOARD Transition area : Bass, Perry R., et al______9899 Alteration (3 documents) _ 9852, 9853 El Paso Natural Gas Co., and Rules and Regulations Designation (3 documents)____ 9853 El Paso Gas Transportation Local service carriers; reclassifica­ Designation and alteration-__ _ 9853 C o r p ------9901 Northern States Power Co., tion ______9855 Proposed Rule Making Transportation of mail; free travel et al______9901 for postal employees_____!_____ 9854 Incorporation by reference of Transcontinental Gas Pipe Line standard instrument approach Corp. (2 documents)___ 9901, 9902 Notices procedures______9875 Hearings, etc.: FEDERAL RESERVE SYSTEM International Air Transport As­ FEDERAL COMMUNICATIONS sociation (2 documents)..__ _ 9896 COMMISSION Notices Laker Airways, Ltd______9896 Rules and Regulations Bankers Trust New York Corp.; Seagreen Air Transport, Ltd_ 9896 order approving acquisition of Uniform system of accounts for bank stock by bank holding Class A and Class B telephone , com pan y______9899 COMMERCE DEPARTMENT companies ; all-inclusive income See Foreign Direct Investments statement and revision of ac­ FEDERAL TRADE COMMISSION Office; Maritime Administra­ counting for taxes______r___ 9860 tion. Notices Rules and Regulations Common carrier services informa­ Prohibited trade practices: CONSUMER AND MARKETING tion; domestic public radio serv­ Albert Bell’s Midwest Appliance Co., et al______9855 SERVICE ices applications accepted for filin g ------*>'------9897 Mississippi River Fuel Corp____ 9856 Rules and Regulations FOOD AND DRUG Cotton classing, testing and stand- . FEDERAL HOME LOAN BANK ards; miscellaneous amend­ BOARD ADMINISTRATION ments ______9847 Rules and Regulations Rules and Regulations Limes grown in Florida; quality and size regulation______9849 Federal Savings and Loan System ; Soda water; identity standard; Manufactured or processed dairy acceptance of share accounts by label statement of optional products; inspection and grad­ deposit associations______9851 ingredients ______9867 ing services______9848 Proposed Rule Making Proposed Rule Making Pecans in the shell; standards_ 9848 Federal Savings and Loan Insur­ Certain fruit juice beverages; pro­ Valencia oranges grown in Arizona ance Corporation; adjustment posed exemption______9873 and designated part of Cali­ of book value of overvalued as­ Food additives; bentonite in bu- fornia; handling limitations___ 9848 sets; withdrawal of proposed quinolate-containing feed_____ 9875 Proposed Rule Making amendment______9876 Low sodium Cheddar cheese and Notices low sodium colby cheese; pro­ Irish potatoes; proposed limita­ posal to establish identity tion of shipments: United Financial Corporation of standards ______9874 Grown in certain designated California; notice of intention Quality contents declarations on counties in Idaho and Mal- to acquire La Mirada Savings multiunit containers______9874 heur County, Oreg______9871 and Loan Association______9898 Grown in Colorado______9872 Notices FEDERAL HOUSING Hearings, etc.: CUSTOMS BUREAU Fort Dodge Laboratories______9894 ADMINISTRATION Goodyear Tire & Rubber Co___ 9894 Notices Rules and Regulations Old Virginia, Inc______9895 Whole dried eggs from Holland; Miscellaneous amendments to Unimed, Inc______9895 antidumping proceeding notice. 9902 chapter ______9857 (Continued On next page) 9843 9844 CONTENTS

FOREIGN DIRECT INVESTMENTS Notices RENEGOTIATION BOARD OFFICE Mississippi intrastate rail freight Notices rates and charges, 1969______9893 Proposed Rule Making Motor carrier: General Counsel; compensation_ 9903 Exploration and development ex­ Broker, water carrier and SECURITIES AND EXCHANGE penditures ______9873 freight forwarder applica­ tions ______9879 COMMISSION GENERAL SERVICES Temporary authority applica­ Notices tions ______9893 ADMINISTRATION Hearings, etc.: Rules and Regulations JUSTICE DEPARTMENT Competitive Capital Fund et al. 9903 Continental Vending Machine Utilization and disposal of real See Narcotics and Dangerous Ç o rp ______9904 property______9858 Drugs Bureau. HAZARDOUS MATERIALS LABOR DEPARTMENT SMALL BUSINESS ADMINISTRATION REGULATIONS BOARD See also Wage and Hour Division. Notices Rules and Regulations Proposed Rule Making Methyl chloride in specification Alliance Capital Corp.; notice of Immigration; degrees in medi- surrender of license______9904 tank car tanks ------9869 c in e ______9876 Removal of aerosol flash point First Texas Investment Co.; filing restriction______.______9869 of application______9904 LAND MANAGEMENT BUREAU New Mexico; declaration of dis­ Shipment of benzene phosphorus aster loan area______9904 dichloride and benzene phos­ Rules and Regulations phorus thiodichloride------9868 Colorado; public land order------9860 TRANSPORTATION DEPARTMENT Shipment of residual motor fuel Notices antiknock compound—,------: 9869 See Federal Aviation Administra­ California; opening of public tion; Hazardous Materials Reg­ lands ______9878 ulations Board. HEALTH, EDUCATION, AND Washington; proposed withdrawal WELFARE DEPARTMENT and reservation of land__ :_____ 9878 TREASURY DEPARTMENT See Food and Drug Administra­ tion ; Public Health Service. MARITIME ADMINISTRATION See Customs Bureau. Notices VETERANS ADMINISTRATION HOUSING AND URBAN United California Bank; notice DEVELOPMENT DEPARTMENT of approval of applicant as Rules and Regulations Continuance in- effect of all cur­ See Federal Housing Administra­ tru stee______9878 rent regulations and other for­ tion; Federal Insurance Admin­ NARCOTICS AND DANGEROUS mal issues and confirmation of istration. issues promulgated by or pursu­ DRUGS BUREAU ant to authority of W. J. Driver INTERIOR DEPARTMENT Proposed Rule Making to become effective after ter­ See Land Management Bureau. Depressant and stimulant drugs; mination of his appointment— 9858 petition seeking an exemption. 9871 INTERSTATE COMMERCE WAGE AND HOUR DIVISION COMMISSION PUBLIC HEALTH SERVICE Rules and Regulations Rules and Regulations Notices Sweater and knit swimwear in­ Covered hopper cars; regulations. Consumer Protection and Envi­ dustry in Puerto Rico; wage for return j______I 9870 ronmental Health Service; order ______9856 Rio Grande border municipali­ statement of organization, Notices ties; commercial zones and ter­ functions, and delegations of authority______- 9895 Certificates authorizing employ­ minal areas______- 9870 ment of full-time students Proposed Rule Making working outside of school hours Annual reports of Class I and at special minimum wages in Class I I motor carriers of prop­ retail or service establishments erty ______9876 or in agriculture______9905 CONTENTS 9845 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected. ,

7 CFR 15 CFR 29 CFR 28______9847 P roposed R u l e s 611______— 9856 51______9848 1000______1______9873 P roposed R u l e s : 58______9848 60...... 9876 908______9848 16 CFR 911_____ 9849 13 (2 documents)______9855, 9856 38 CFR P roposed R u l e s : Ch. I__...... 9858 945______- ______9871 21 CFR 948______^______9871 31______9867 41 CFR P roposed R u l e s : 10 CFR 101-47______9858 9______9849 1 (2 documents)______9873, 9874 19______' 9874 43 CFR 12 CFR 121______9875 320______9871 P u b l ic L and O r d er s: 545______9851 4670______9860 P roposed R u l e s : 24 CFR 563______9876 203______9857 47 CFR 220______9857 31,.______9860 14 CFR 1914_^______9857 37______9851 39______9852 49 CFR 71 (8 documents)______9852-9854 172 ______9868 73_____ 9854 173 (4 documents)______9868, 9869 233______9854 1033______9870 241____ 9855 1048______9870 P roposed R u l e s : P roposed R u l e s : 97______9875 1249. 9876 ( 9647 Rules and Regulations

2. The center heading preceding § 28.-American Pima, Grade No. 6, effective Title 7— AGRICULTURE 501, and §§ 28.501 through 28.510 are re­ July 1,1970.” vised to read as follows: Chapter I— Consumer and Marketing § 28.507 Grade No. 7. Service (Standards, Inspections, O f f ic ia l C o t t o n S tandards o f t h e Grade No. 7 shall be American Pima Marketing Practices), Department U n it e d S tates for t h e G rade o f A m e r ic a n P im a C o t t o n cotton which in grade is within the of Agriculture range represented by a set of samples §28.501 Grade No. 1. PART 28— COTTON CLASSING, in the custody of the U.S. Department of Grade No. 1 shall, be American Pima Agriculture in the District of Columbia TESTING AND STANDARDS cotton which in grade is within the range in a container marked “ Original Official Subpart A— Regulations Under the represented by a set of samples in the Cotton Standards of the United States, U.S. Cotton Standards Act custody of the U.S. Department of Agri­ American Pima, Grade No. 7, effective culture in the District of Columbia in a July 1,1970.” Subpart C— Standards container marked “ Original Official Cotton Standards of the United States, § 28.508 Grade No. 8. Subpart D— Cotton Classification and American Pima, Grade No. 1, effective Grade No. 8 shall be American Pima Market News Services for Orga­ July 1, 1970.” . cotton which in grade is within the nized Groups of Producers range represented by a set of samples §28.502 Grade No. 2. in the custody of the U.S. Department of A m e r ic a n P im a C o t t o n Grade No. 2 shall be American Pima Agriculture in the District of Columbia On April 24, 1969 a notice of proposed cotton which in grade is within the in a container marked “ Original Official rule making was published in the F ederal range represented by a set of samples in Cotton Standards of the United States, R egister (34 F.R. 6852) regarding pro­ the custody of the U.S. Department of American Pima, Grade No. 8, effective posed revisions in the Official Cotton Agriculture in the District of Columbia July 1,1970.” in a container marked “ Original Official Standards of the United States for the § 28.509 Grade No. 9. Grade of American Egyptian Cotton (7 Cotton Standards of the United States, CFR 28.501-28.510) and proposing to American Pima, Grade No. 2, effective Grade No. 9 shall be American Pima substitute the term American Pima for July 1,1970.” cotton which in grade is within the range represented by a set of samples in the the term American Egyptian in 7 CFR § 28.503 Grade No. 3. 28.2 (o) and (p ), 28.123, 28.303(b), 28.501 custody of the U.S. Department of Agri­ through 28.510, 28.525(b), and 28.908(b). Grade No. 3 shall be American Pima culture in the District of Columbia in Statement of Considerations. The pro­ cotton which in grade is within the a container marked “ Original Official posed revised standards were displayed range represented by a set of samples in Cotton Standards of the United States, and explained at public meetings in six the custody of the U.S. Department of American Pima, Grade No. 9, effective cities across the cotton belt. The pro­ Agriculture in the District of Columbia July 1, i970.” in a container marked “ Original Official posed revised standards were favorably § 28.510 Grade No. 10. received at the public meetings. Only one Cotton Standards of the United States, objection to the proposed standards was American Pima, Grade No. 3, effective American Pima cotton which in grade received which concerned the amount of July 1,1970.” is inferior to Grade No. 9 shall be desig­ trash in the standards. In view of the § 28.504 Grade No. 4. nated as “ Grade No. 10.” general acceptance of the proposed (Sec. 10, 42 Stat. 1519; 7 U.S.C. 61. Interpret standards it was decided they should be Grade No. 4 shall be American Pima or apply sec. 6, 42 Stat. 1518, as amended; adopted. No objections were received cotton which in grade is within the 7 U.S.C. 56) concerning the proposal to substitute the range represented by a set of samples term American Pima for the term Amer­ in the custody of the U.S. Department of 3. Paragraph (b ) of § 28.525 is revised ican Egyptian. Agriculture in the District of Columbia to read as follows: in a container marked “ Original Official Subparts A and B (7 CFR Part 28) are § 28.525 Symbols and code numbers. amended pursuant to authority con­ Cotton Standards of the United States, ***** tained in the U.S. Cotton Standards Act, American Pima, Grade No. 4, effective as amended (sec.- 10, 42 Stat. 1519, 7 July 1,1970.” (b) Symbols and Code Numbers for U.S.C. 61). Subpart D (7 CFR Part 28) Grades of American Pima Cotton. § 28.505 Grade No. 5. is amended pursuant to authority con­ tained in the Cotton Statistics and Esti­ Grade No. 5 shall be American Pima Full grade name Symbol Code No. mates Act, as amended (sec. 3c, 50 Stat. cotton which in. grade is within the 62; 7 U.S.C. 473c). range represented by a set of samples Grade No. 1_...... A P I 10 Grade No. 2...... AP 2 20 The amendments are as follows: in the custody of the U.S. Department of Grade No. 3...... AP 3 30 As to Subpart A: Agriculture in the District of Columbia Grade No. 4...______AP 4 40 in a container marked “ Original Official Grade No. 8______AP 5 60 §§ 28.2, 28.123 [Am ended] Grade No. 6______AP 6 60 Cotton Standards of the United States, Grade No. 7...... AP 7 70 In paragraphs (o) and (p) of J 28.2 American Pima, Grade No. 5, effective Grade No. 8...... AP 8 80 Grade No. 9...... AP 9 90 and in § 28.123 the word “ Egyptian” July 1,1970.” Grade No. 10...... AP 10 00 wherever it appears is changed to read Pima” . § 28.506 Grade No. 6. * * * * * (Sec. 10, 42 Stat. 1519, 7 U.S.C. 61) Grade No. 6 shall be American Pima (Sec. 10, 42 Stat. 1519; 7 U.S.C. 61) cotton which in grade is within the As to Subpart D: As to Subpart C : range represented by a set of samples § 28.303 [Amended] in the custody of the U.S. Department of § 28.908 [Am ended] 1. In paragraph (b) of § 28.303 theAgriculture in the District of Columbia In paragraph (b) of § 28.908 the word Word “Egyptian” in the paragraph head­ in a container marked “ Original Official “Egyptian” is changed to read “Pima”. ing is changed to read “Pima” . Cotton Standards of the United States, (Sec. 3c, 50 Stat. 62; 7 UJS.C. 473c)

FEDERAL REGISTER, V O L 34, NO. 122— THURSDAY, JUNE 26, 1969 9848 RULES AND REGULATIONS

Effective date. These amendments are or lighter, with not more than 25 percent amended (7 U.S.C. 1621-1627) the provi­ effective July 1, 1970. of the outer surface darker than golden, sions of 7 CFR 58.39 (b) and (c) are none of which is darker than light brown. hereby amended by changing the phrase Dated: June 23, 1969. (2) “Light amber” means that more “ $7.20 per hour” to “$8.00 per hour.” G . R . G r ang e, than 25 percent of the outer surface of The Agricultural Marketing Act of Deputy Administrator, the kernel is light brown, with not more 1946 (7 U.S.C. 1622(h) ) provides for col­ Marketing Services. than 25 percent of the outer surface lection of such fees as will be reasonable [F.R. Doc. 69-7558; Filed, June 25, I960; darker than light brown, none of which and which, as nearly as may be, cover 8:50 a.m.] is darker than medium brown. the cost of the service rendered under (3) “Amber” means that more than its provisions. 25 percent of the outer surface of the As a result of the third and final stage PART 51— FRESH FRUITS, VEGE­ kernel is medium brown, with not more of the Federal Salary Act of 1967, sal­ TABLES AND OTHER PRODUCTS than 25 percent of the outer surface aries of Federal employees who perform (INSPECTION, CERTIFICATION AND darker than medium brown, none of dairy product inspection and grading STANDARDS) which is darker than dark brown (very services will increase approximately 10 dark-brown or blackish-brown discol­ percent effective with the first pay period Subpart— U.S. Standards far Grades oration) . beginning on or after July 1,1969. It has of Pecans in the Shell1 (4) “Dark amber” means that more been determined that in order to cover than 25 percent of the outer surface of these increased costs and to bring that P e c a n K e r n e l C o lo r S tandards the kernel is dark brown, with not more portion of the service covered by the The U.S. Department of Agriculture than 25 percent of the outer surface hourly fee onto a self-sustaining basis hereby amends the U.S. Standards for darker than dark brown (very dark- the fee needs to be raised from $7.20 per Grades of Pecans in the Shell (7 CFR, brown or blackish-brown discoloration). hour to $8 per hour. §§ 51.1400-51.1418). These grade stand­ (b) U.S. Department of Agriculture The need for the increase and the ards are issued under authority of the kernel color standards, Pec-MC-1, con­ amount thereof are dependent upon the Agricultural Marketing Act of 1946 (60 sisting of plastic models of pecan kernels, facts within the knowledge of the Con­ Stat. 1087, as amended; 7 U.S.C. 1621- illustrate the color intensities implied by sumer and Marketing Service. There­ 1627), which provides for the issuance of the terms “ golden,” “light brown,” fore, pursuant to the Administrative official U.S. grades to designate different “medium brown,” and “dark brown” re­ Procedure Act (5 U.S.C. 553) it is found levels of quality for the voluntary use of ferred to in paragraph (a) of this sec­ that notices and other public procedure producers, buyers and consumers. Official tion. These color standards may be with respect to this amendment are im­ grading services are also provided under examined in the Fruit and Vegetable practicable and unnecessary and good this act upon request of any financially Division, C&MS, U.S. Department of Ag­ cause is found for making the amend­ riculture, South Building, Washington, interested party and upon payment of a ment effective less than 30 days after its D.C. 20250; in any field office of the fee to cover the cost of such services. publication in the F ederal R eg ist e r . Statement of considerations leading Fresh Fruit and Vegetable Inspection This amendment shall become effective Service; or upon request of any author­ to the amendment of the grade stand­ July 1, 1969, with respect to inspection ards. In §§ 51.1413, 51.1414, 51.1415, and ized inspector of such Service. Dupli­ cates of the color standards may be pur­ and grading service rendered on and 51.1416 of these grade standards refer­ after that date. ence is made to the terms “ golden,” chased from NASCO, Fort Atkinson, “light brown,” “medium brown,” and Wis. 53538. Done at Washington, D.C., this 23d day of June 1969. “ dark brown” in defining the kernel §§ 51.1413-51.1416 (Deleted] G . R . G rang e, color classifications “ light,” “light am­ Secs. 51.1413, 51.1414, 51.1415, and ber,” “amber,” and “ dark amber” . Deputy Administrator, 51.1416 are deleted. Marketing Services. Pecan kernel color standards, consist­ Notice of proposed rule making, pub­ ing of plastic models of pecan kernels, [F.R. Doc. 69-7560; Filed, June 25, 1969; lic procedure thereon is impractical, un­ 8:50 a.m.[ have been developed by NASCO, with the necessary, and contrary to the public collaboration of and approval by the interest in that this amendment is neces­ U.S. Department of Agriculture. These sary to reference in these grade stand­ Chapter IX— Consumer and Market­ color standards illustrate the terms ards newly developed kernel color ing Service (Marketing Agreements “ golden,” “light brown,” “medium standards illustrating color terms refer­ brown,” and “dark brown,” referenced enced in definitions of the various color and Orders; Fruits, Vegetables, in the U.S. Standards for Grades of Pe­ classifications. Nuts), Department of Agriculture cans in the Shell. This amendment shall become effective [Valencia Orange Reg. 282] The Administrator has designated August 1,1969. U.S. Department of Agriculture Pecan PART 908— VALENCIA ORANGES (Secs. 203, 205, 60 Stat. 1087, as amended, GROWN IN ARIZONA AND DESIG­ Kernel Color Standards Pec-MC-1 as an 1090 as amended; 7 Ü.S.C. 1622,1624) official color standard and has author­ NATED PART OF CALIFORNIA Dated; June 23,1969. ized its manufacture and sale by NASCO. Limitation of Handling As amended, § 51.1404 in the U.S. G . R . G range, Standards for Grades of Pecans in the Deputy Administrator, § 908.582 Valencia Orange Regula­ Shell is changed to read as follows: Marketing Services. tion 282. § 51.1404 Kernel color classification; [F.R. Doc. 69-7559; Filed, June 25, 1969; (a) Findings. (1) Pursuant to the 8:50 a.m.] marketing agreement, as amended, and (a) The skin color of pecan kernels Order No. 908, as amended (7 CFR Part may be described in terms of the color PART 58— GRADING AND INSPEC­ 908, 33 F.R. 19829), regulating the han­ classifications provided in this section. dling of Valencia oranges grown in Ari­ When the color of kernels in a lot gen­ TION, GENERAL SPECIFICATIONS FOR APPROVED DAIRY PLANTS zona and designated part of California, erally conforms to the “light” or “light effective under the applicable provisions amber” classification, that color classifi­ AND STANDARDS FOR GRADES OF of the Agricultural Marketing Agreement cation may be used to describe the lot in DAIRY PRODUCTS Act of 1937, as amended (7 U.S.C. 601- connection with the grade. 674), and upon the basis of the recom­ (1) “Light” means that the outer sur­Subpart A— Regulations Governing the Inspection and Grading Serv­ mendations and information submitted face of the kernel is mostly golden color by the Valencia Orange Administrative ices of Manufactured or Processed 1 Packing of the product in conformity Committee, established under the said with the requirements of these standards Dairy Products amended marketing agreement and or­ shall not excuse failure to comply with the I n c r ease i n F ee der, and upon other available informa­ provisions of the Federal Food, Drug, and tion, it is hereby found that the limita­ Cosmetic Act or with applicable State laws Pursuant to the authority of the Agri­ and regulations. cultural Marketing Act of 1946, as tion of handling of such Valencia

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUI^E 26, 1969 RULES AND REGULATIONS 9849 oranges, as hereinafter provided, will [Lime Reg. 27, Arndt. 2] mitted to the Department on June 19, tend to effectuate the declared -policy of PART 911— LIMES GROWN IN 1969; the provisions of this amendment the act. FLORIDA are identical with the aforesaid recom­ (2) It is hereby further found that it mendations of the committee, and is impracticable and contrary to the pub­ Quality and Size Regulation information concerning such provisions lic interest to give preliminary notice, has been disseminated among handlers of engage in public rule-making procedure, Findings. (1) Pursuant to the market­ Florida limes; it is necessary, in order to and postpone the effective date of this ing agreement, as amended, and Order effectuate the declared policy of the act, section until 30 days after publication No. 911, as amended (7 CFR Part 911), regulating the handling of limes grown to make this amendment effective as hereof in the F ederal R egister (5 U.S.C. in Florida, effective under the applicable hereinafter set forth; and compliance 553) because the time intervening be­ with this amendment will not require any tween the date when information upon provisions of the Agricultural Marketing special preparation on the part of the which this section is based became avail­ Agreement Act of 1937, as amended (7 able and the time when this section must U.S.C. 601-674), and upon the basis of persons subject thereto which cannot be become effective in order to effectuate the recommendations of the Florida Lime completed by the effective time hereof. the declared policy of the act is insuffi­ Administrative Committee, established Order. In § 911.329 (Lime Reg. 27; 34 cient, and a reasonable time is permit­ under the aforesaid amended marketing F.R. 6438, 7867), subdivisions (ii) and ted, under the circumstances, for prep­ agreement and order, and upon other (iii) of paragraph (a) (2) are amended available information, it is hereby found aration for such effective time; and to read as follows: good cause exists for making the provi­ that the limitation of handling of limes, sions hereof effective as hereinafter set as hereinafter provided, will tend to § 911.329 Lime Regulation 27. effectuate the declared policy of the act. forth. The committee held an open meet­ (a) * * * (2) The recommendation of the Lime ing during the current week, after giving ( 2) * * * due notice thereof, to consider supply Administrative Committee reflects its appraisal of current crop and market (ii) Any limes of the group known as and market conditions for Valencia large fruited or Persian limes (including oranges and the need for regulation; in­ conditions. More restrictive regulation terested persons were afforded an oppor­ requirements should be made effective Tahiti, Bearss, and similar varieties) tunity to submit information and views from June 30, through July 6, 1969, which do not grade at least U.S. Com­ at this meeting; the recommendation because, historically, during this holiday bination, Mixed Color, with not less than and supporting information for regu­ period the market demand is weak with 75 percent, by count, of the limes in any lation during the period specified herein prices declining severely. Hence, a higher container thereof grading at least U.S. minimum grade and larger minimum size were promptly submitted to the Depart­ No. 1, Mixed Color: Provided, That dur­ ment after such meeting was held; the regulation for limes for fresh shipment is needed to increase returns to producers ing the period June 30 through July 6, provisions of this section, including its 1969, no limes of the group known as effective time, are identical with the through a reduction in the marketable large fruited or Persian limes (including aforesaid recommendation of the com­ supply while providing consumers with mittee, and information concerning such more desirable limes of a larger size and Tahiti, Bearss, and similar varieties) may provisions and effective time has been better quality. be handled which grade lower than U.S. disseminated among handlers of such (3) It is hereby further found that it No. 1; or Valencia oranges; it is necessary, in order is impracticable, unnecessary, and con­ (iii) Any limes of the group known as to effectuate the declared policy of the trary to the public interest to give pre­ large fruited or Persian limes (including act, to make this section effective during liminary notice, engage in public rule- Tahiti, Bearss, and similar varieties) the period herein specified; and compli­ making procedure, and postpone the which are of a size smaller than 1% effective date of this amendment until ance with this section will not require inches in diameter: Provided, That dur­ any special preparation on the part of 30 days after publication thereof in the ing the period June 30 through July 6, persons subject hereto which cannot be F ederal R eg ister (5 U.S.C. 553) in that the time intervening between the date 1969, no limes of the group known as completed on or before the effective date when information upon which this large fruited or Persian limes (including hereof. Such committee meeting was held amendment is based became available Tahiti, Bearss, and similar varieties) may on June 24,1969. and the time when this amendment be handled which are of a size smaller (b) Order. (1) The-respective quan­must become effective in order to than 2 inches in diameter. tities of Valencia oranges grown in Ari­ effectuate the declared policy of the * * * * * zona and designated part of California act is insufficient; a reasonable time is permitted under the circumstances, for (Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C. 601-674) which may be handled during the period preparation for such effective time; and June 27, 1969, through July 3, 1969, are good cause exists for making the pro­ Dated June 23, 1969, to become effec­ hereby fixed as follows; visions hereof effective not later than tive June 30,1969. (1) District 1: 198,000 cartons; June 30,1969. Shipments of Florida limes P a u l A. N ic h o l s o n , (ii) District 2: 294,000 cartons; are currently regulated pursuant to Lime Regulation 27 (34 F.R. 6438, 7867) and Deputy Director, Fruit and (iii) District 3: 108,000 cartons. unless sooner terminated, will continue Vegetable Division, Consumer (2) As used in this section, “ handler,” to be so regulated through April 30,1970; and Marketing Service. “District 1,” “ District 2,” “District 3,” determinations as to the need for, and [F.R. Doc. 69-7561; Filed, June 25, 1969; and “carton” have the same meaning as extent of, continued regulation of 8:50 a.m.] when used in said amended marketing Florida lime shipments must await the agreement and order. development of the crop and the avail­ ability of information on the demand for (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) such fruit; the recommendations and supporting information for regulation of Title 10— ATOMIC ENERGY Dated: June 25, 1969. lime shipments subsequent to June 30’ Chapter I— Atomic Energy 1969, and in the manner herein provided, P a u l A . N ic h o l s o n , Commission Deputy Director, Fruit and were promptly submitted to the Depart­ ment after an open meeting of the PART 9— PUBLIC RECORDS Vegetable Division, Consumer Florida Lime Administrative Committee and Marketing Service. on June 11,1969, held to consider recom­ Miscellaneous Amendments [PR. Doc. 69-7629; Piled, June 25, 1969; mendations for regulations; other neces­ On September 27, 1968, the Atomic 11:17 a.m.] sary supplemental information was sub- Energy Commission published in the

„ FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122----- 2 9850 RULES AND REGULATIONS

F ederal R eg ister (33 F.R. 14531) of an exempt record that the record can­ (c) If the record for which a request amendments of 10 CFR Part 9, Public not be disclosed. The purpose of these is made has been adequately described Records, to become effective on Octo­ amendments is to expedite the disposi­ pursuant to paragraph (b) of this sec­ ber 27,1968. tion of requests for copies of records tion and is subject to disclosure pursuant Because these amendments related exempt from disclosure under § 9.5(a). to this part, the person making the re­ solely to agency organization and prac­ The present § 9.10(d) has been quest will be informed by the Secretary, tice and procedure, the Commission amended to clarify that a decision of the or his designee, or the Manager of found that notice of proposed rule mak­ General Manager or the Director of Reg­ the major operating field office in­ ing and public procedure thereon were ulation denying a request^ for the dis­ volved, or his designee: (1) Where unnecessary. Subsequent to the publica­ closure o f an exempt record constitutes the record will be made available, tion of these amendments, comments the final action of the AEC on the matter. (2) when it is anticipated that the rec­ were received regarding the amend­ In addition, a number of editorial ord will be available, and (3) the esti­ ments. After careful consideration of changes of a clarifying nature have been mated cost, if any, of conducting the these comments and other factors in­ made. search for the record and furnishing volved, the Commission has adopted the Because these amendments relate copies. If the record for which a request amendments to 10 CFR Part 9 set forth solely to agency organization and prac­ is made has not been adequately de­ below. tice and procedure, the Commission has scribed pursuant to paragraph (b) of Subparagraph (6) of § 9.5(a) has been found that notice of proposed rule mak­ this section, the requester shall be so amended to delete the statement as to ing and public procedure thereon are informed by the Secretary, or his des­ the meaning of “ clearly imwarranted in­ unnecessary. ignee, or the Manager of the major vasion of personal privacy” , and to rein­ Pursuant to the Atomic Energy Act of operating field office involved, or his sert two sentences, one relating to the 1954, as amended, and sections 552 and designee. If the record for which a fe- availability of records identified in sub- 553 of title 5 of the United States Code, quest is made is not subject to disclo­ paragraph (6) to the person involved or the following amendments of 10 CFR sure pursuant to this part, the requester his authorized representative and the Part 9 are published as a document sub­ shall be so informed pursuant to other introducing examples of such rec­ ject to codification to be effective 30 days § 9.10(c). ords, which were inadvertently deleted in after publication in the F ederal R e g ist e r . 3. Paragraph (f) of § 9.9 is amended a previous amendment of this subpara­ 1, In § 9.5(a), the prefatory language to read as follows: graph. Comments received on the defini­ of subparagraph (6) and subparagraph § 9.9 Charges for locating and repro­ tion of “clearly unwarranted invasion of (7) is amended to read as follows: ducing copies of records. personal privacy” indicated that the defi­ * * * * * nition was insufficiently clear to serve § 9.5 Exemptions. any useful purpose. (а) * * * (f) No charge will be made for: Subparagraph (7) of § 9.5(a), which (б) Personnel and medical files and (1) Locating requested records which exempts from public disclosure certain similar files, the disclosure of which are on file in the AEC Public Document investigatory files compiled for law en­ would constitute a clearly unwarranted Room or are readily available at AEC forcement purposes, has been amended invasion of personal privacy. Information Headquarters or at any one of the major to provide two examples of the types.of in such files which is not exempt from operating field offices of the AEC iden­ records included in this exemptcategory. disclosure pursuant to other provisions tified in § 1.6(b) of this chapter. Paragraphs (a) and (c) of § 9.8 have of this section will not be withheld from (2) A record search for a requested been amended to clarify the procedure the individual concerned or from his des­ record or for furnishing copies of rec­ by which members of the public may re­ ignated legal representative, and it may ords if the General Manager, the Direc­ quest copies of AEC records and the pro­ be disclosed to others with his written tor of Regulation, or either’s designee cedures which the AEC will follow in re­ consent. To the extent that they involve determines it to be appropriate in the sponding to such requests. The signifi­ a clearly unwarranted invasion of per­ interest of the AEC program. cant change effected by this amendment sonal privacy, examples of files exempt 4. In § 9.10, paragraphs (b) (1) and is to provide that written requests for from disclosure include, but are not lim­ (3) and paragraphs Cc) and (d) are AEC records may be addressed to the ited to: amended to read as follows: managers of any of the Commission’s * * * * * major operating field offices in addition § 9.10 Production or disclosure of to the Secretary of the Commission. (7) Except to the extent available by exempt records. The present § 9.9(f) (1) provides that law to a private party, investigatory files ***** no charges for locating copies of AEC compiled for law enforcement purposes, (b) * * * records will be made for requested rec­ including without limitation the enforce­ (1) I f an exempt record is sought ords on file in the AEC Public Document ment of statutes, regulations, terms of from a major operating field office, the Room or in a comparable facility at a licenses, and orders. To the extent not so request or the subpoena shall promptly major field office of the AEC. The available by law, examples include, but be forwarded to the Manager of the amendment clarifies this provision by are not limited to: field office involved, who in turn, after providing that no charges for such serv­ (i) Personnel security files; consultation with his -Chief Counsel, ice will be made for AEC records on file (ii) Correspondence received by the shall forward copies of the request or not only in the AEC Public Document AEC relating to an alleged or possible subpoena to the General Manager, or Room but also those readily available at violation of any statute, regulation, or­ his designee, and to the General Coun­ AEC Headquarters and at major operat­ der, license or permit. sel, or his designee, with an appropriate ing field offices of the AEC. 2. Paragraphs (a) and (c) of § 9.8 recommendation for disposition. Subparagraph (2) of § 9.9(f) has been are amended to read as follows: * * * * * amended to substitute the words “ either’s designee” in place of “ author­ § 9.8 Copies of records. (3) If ah exempt record is sought at ized representatives” in order to conform (a) Copies of recordsmay be requested any other place, the request or subpoena with other provisions of Part 9. in person at the AEC Public Document shall promptly be forwarded to the Gen­ The provisions of §§ 9.10(b) (1) and Room or at any one of the major operat­ eral Manager or to the Director of Reg­ (3) and 9.10(c) have been amended to ing field offices of the AEC identified in ulation, as appropriate, or to either’s provide that designees of the General § 1.6(b) of this chapter. Written requests designee, with a copy to the General Manager, the Director of Regulation and for copies of records shall be addressed Counsel, or his designee. the General Counsel may also take cer­ to the Secretary, U.S. Atomic Energy (c) If, after consultation with the tain of the actions provided for in these Commission, Washington, D.C. 20545, or General Counsel, or his designee, the provisions. Under this amendment. the to the Manager of any one of the major General Manager or the Director of Reg­ only action which is reserved exclusively operating field offices of the AEC iden­ ulation, or either’s designee, finds that for the General Manager or the Direc­ tified in § 1.6(b) of this chapter. the record sought is not exempt from tor of Regulation is notifying a requester ***** production or disclosure, or, if the record

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9851 is exempt, that its production or disclo­ § 545.1—2 Savings deposits. The Technical Standard Orders sure Is not contrary to the public interest * * * * * (TSOs) issued in Part 37 of the Federal and will not adversely affect the rights of ( b ) * * * Aviation Regulations often contain refer­ any person, the General Manager or the ences to technical publications prepared Director of Regulation, or either’s des­ (5) Acceptance of share accounts byby various nationally recognized organi­ ignee, will authorize the production or deposit associations. Any Federal associa­ zations such as the Society of Automotive disclosure of the record to the person tion which has adopted the charter Engineers, Radio Technical Commission who sought it. If, after such consultation, amendment set forth in § 545.1-3(a) of for Aeronautics, and the National Stand­ it is found that the record sought is ex­ this part may raise capital in the form of ards Association. These publications are empt from production or disclosure pur­ such share accounts as would have been almost always prepared in cooperation suant to § 9.5(a) and its production or authorized for such association if such with government and industry organiza­ disclosure is contrary to the public inter­ charter amendment had not been tions, are widely distributed, and are gen­ est or will adversely affect the rights of adopted: Provided, That a resolution to erally accepted by the aviation industry. any person, the General Manager'or the that effect is adopted by its board of Because these publications are of a high­ Director of Regulation shall so inform directors: And, provided further, That ly technical nature, frequently contain the person who sought the record. If the such association may not accept deposits complex diagrams, and are usually request for a record exempt from disclo­ while said resolution is in effect: And, lengthy, their publication in the Federal sure pursuant to § 9.5(a) is received from provided further, That the Federal Home Register either as appendices or parts any State or political subdivision thereof, Loan Bank Board shall approve the res­ of TSOs would be impractical and ex­ the General Manager, or the Director of olution of the association’s board of pensive. The recently adopted provision Regulation, or either’s designee, after directors. for incorporation by reference in 5 U.S.C. consultation with the General Counsel, (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. 552(a)(1), which is set out in greater or his designee, will, upon a finding that 1464. Reorg. Plan No. 3 of 1947, 12 F.R. detail in 1 CFR Part 20, makes their the disclosure of the record is not con­ 4981, 3 CFR 1943-1948 Comp. p. 1071) publication in their entirety unnecessary. trary to the public interest, authorize the Resolved further that, since affording This amendment provides for incorpo­ production or disclosure of the record. notice and public procedure would delay ration by reference of these technical Authority of the Director of Regulation the amendment from becoming effective publications and makes them a part of to authorize production or disclosure of for a period of time and since it is in specific TSOs in Subpart B of Part 37. a record shall extend to records in the the public interest for the additional au­ All incorporated publications will be custody of divisions which report to him thority granted in the amendment to be­ available for examination at the Federal pursuant to Part 1 of this chapter, and come effective without delay, the Board Aviation Administration, 800 Independ­ the authority of the General Manager to hereby finds that notice and public pro­ ence Avenue SW., Washington, D.C. authorize production or disclosure of a cedure on said amendment are contrary 20590. Additional availability, including record shall extend to all other divisions, to the public interest under the provisions availability by purchase from the issu­ offices, and activities of the AEC. of § 508.11 of the general regulations of ing organization, will be stated in the (d) Decisions of the General Managerthe Federal Home Loan Bank Board (12 TSO in which reference is made to a or the Director of Regulation that a rec­ CFR 508.11) and 5 U.S.C. 553(b); and particular publication. Each incorporated ord sought is exempt from production or publication of said amendment for the publication will be identified in the TSO disclosure pursuant to § 9.5(a) and its period specified in § 508.14 of the gen­ by title, name of the issuing organiza­ production or disclosure is contrary to eral regulations of the Federal Home tion, and date. Revisions of the publica­ the public interest or will adversely affect Loan Bank Board (12 CFR 508.14) and tion will not be incorporated and made the rights of any person shall be in writ­ 5 U.S.C. 553(d) prior to the effective date part of the TSO unless this is done by an ing and shall constitute the final action of said amendment would, in the opinion amendment of the TSO. of the AEC. of the Board likewise be contrary to the Since this amendment is procedural in (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) public interest for the same reason, and nature, and does not impose a burden on Dated at Washington, D.C., this 19th the Board hereby so finds; and the Board the public, I find that notice and public day of June 1969. hereby provides that said amendment procedure thereon are not necessary, and that it may become effective on less than For the Atomic Energy Commission. shall become effective as hereinbefore set forth. 30 days notice. W . B . M cC o o l , In consideration of the foregoing, Part Secretary. By the Federal Home Loan Bank 37 of the Federal Aviation Regulations [F.R. Doc. 69-7592; Filed, June 25, 1969; Board. is amended, effective June 26,1969, by the 8:51 a.m.] [ s e a l ] Ja c k C arter, addition of new section 37.23 to read as Secretary. follows: [F.R. Doc. 69-7566; Filed, June 25, 1969; § 37.23 Incorporation by reference. Title 12— BANKS AND BANKING 8:51 a.m.] In accordance with 5 U.S.C. 552(a) (1), the technical publications to which refer­ Chapter V— Federal Home Loan ence is made in TSOs in Subpart B, and Bank Board Title 14— AERONAUTICS AND which have been prepared by organiza­ SUBCHAPTER C— FEDERAL SAVINGS AND LOAN tions other than the FAA, are incorpo­ SYSTEM SPACE rated and made a part of such TSOs. [No. 22,983] The incorporated technical publications Chapter I— Federal Aviation Admin­ PART 545-—OPERATIONS are available for inspection at Federal istration, Department of Transpor­ Aviation Administration, 800 Independ­ Acceptance of Share Accounts by tation ence Avenue SW., Washington, D.C. Deposit Associations [Docket No. 9669, Amdt. 37-18] 20590. Additional availability will be indi­ J u n e 19,1969. PART 37— TECHNICAL STANDARD cated as appropriate in particular TSOs. Resolved, that the Federal Home Loan ORDER AUTHORIZATIONS (Secs. 313(a), 601, Federal Aviation Act of Bank Board, upon the basis of consid­ 1958; 49 U.S.C. 1354(a), 1421; sec. 6 (c ), eration by it of amending paragraph (b) Incorporation by Reference of Department of Transportation Act; 49 U.S.C. of § 545.1-2 of the rules and regulations Technical Publications 1655(c); 5 U.S.C. 5 5 2 (a )(1 )) lor the Federal Savings and Loan Sys- The purpose of this amendment of Part Issued in Washington, D.C., on June 19, k®1 (12 CFR 545.1-2 (b) ), hereby amends 1969. 37 of the Federal Aviation Regulations is said paragraph (b) by adding after sub- J. H . S h a f f e r , paragraph (4) a new subparagraph (5), the addition of new § 37.23 which pro­ Administrator. to read as follows, effective upon publica­ vides for incorporation by reference of [F.R. Doc. 69-7515; Filed, June 25, 1969; tion in the F ederal R e g is t e r : technical publications. 8 :57 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9852 RULES AND REGULATIONS

[Docket No. 69-EA-72; Arndt. 39-787] eral R eg ister (34 F.R. 7975) stating the the change may be made without further PART 39— AIRWORTHINESS Federal Aviation Administration pro­ delay. posed to alter the 700-foot transition In consideration of the foregoing, Part DIRECTIVES area at Oklahoma City, Okla. 71 of the Federal Aviation Regulations Piper Aircraft Interested persons were afforded an is amended, effective 0901 G.m.t., Au­ opportunity to participate In the rule gust 21, 1969, as hereinafter set forth. The Federal Aviation Administration making through submission of comments. In section 71.181 (34 F.R. 4738), the is amending § 39.13 of Part 39 of the Fed­ Due consideration was given to all rele­ Oklahoma City, Okla., transition area eral Aviation Regulations so as to issue vant matter presented. 700-foot portion is amended in part by an airworthiness directive which would The Air Transport Association of deleting “ * * * lat. 35°08'00" N., long. require alteration of the landing gear America, (A TA ) recommended that a 97°42'00" W.; to lat. 35°08'00" N., long. warning system of the Piper PA-31 and Westheimer (Max Westheimer Field, 97°28'00" W.; to,lat. 35°15'30" N., long. PA-31-300 type airplanes. Norman, Okla.), approach procedure be 97°28'00" W .; * * *” and substituting The original design of the landing developed which will not directly inter­ “ • * * lat. 35°08'00" N., long. 97o42,00'' gear warning system failed to establish fere with traffic serving Will Rogers W., to lat. 35°03'45" N., long. 97°31'15" a system which would give an aural (W ill Rogers World Airport, Oklahoma W., to lat. 35°07'00" N., long. 97°30'00" warning when one or both throttles were City, Okla.). ATA commented that their W.; to point of beginning; * * *” there­ closed and the gear not down and locked reply to the previous non-rule-making for. as required by § 23.729(e) of the Federal circular pointed out that the proposed (Sec. 307(a), Federal Aviation Act of 1958; Aviation Regulations (formerly CAR approach procedure for Westheimer was 3.359) . As this is a deficiency in air­ 49 U.S.C. 1348; sec. 6 (c ), Department of not compatible with Will Rogers and Transportation Act; 49 TJ.S.C. 1655(c)) planes of the same type design, an air­ recommended development of another Issued in Fort Worth, Tex., on June 18, worthiness directive is being issued to procedure. require alteration of the system to com­ 1969. ply with § 23.729(e). Although radar will be used to monitor A. L. C o u l t e r , Since a situation exists which requires approaches at Westheimer Field, it is not Acting Director, Southwest Region. expeditious adoption of the regulation, feasible at this time to establish a sur­ veillance approach procedure to West­ [F.R. Doc. 69-7556; Piled, June 25, 1969; it is found that notice and public proce­ 8:50 a.m.] dure hereon are impracticable and good heimer Field. Neither is it possible to cause exists for making this amendment develop a nonradar procedure which effective in less than 30 days. would be entirely compatible with all IFR [Airspace Docket No. 69-SO-39] In consideration of the foregoing and operations to and from W ill Rogers World Airport and Tinker Air Force Base. pa rt 71— DESIGNATION OF FEDERAL pursuant to the authority delegated to AIRWAYS, CONTROLLED AIRSPACE, me by the Administrator, 14 CFR 11.85 The proposed procedure, however, is the (31 F.R. 13697), §39.13 of Part 39 most practical and the one which would AND REPORTING POINTS have the least impact on air traffic flow of the Federal Aviation Regulations is Designation of Transition Area amended by adding the following new in the Oklahoma City terminal area. It airworthiness directive: is expected that aircraft executing the On May 8, 1969, a notice of proposed procedure to Westheimer Field will nor­ rule making was published in the F ed­ Piper Aircraft Corp. Applies to PA-31 and mally be radar vectored to the final ap­ eral R egister (34 F.R. 7455), stating PA-31-300 airplanes. proach course without a procedure turn. Compliance required as indicated: that the Federal Aviation Administra­ Modify the landing gear warning system to Aircraft conducting IFR operations to tion was considering an amendment to comply with PAR 23.729(e) (formerly CAR and from Westheimer Field will be under Part 71 of the Federal Aviation Regula­ 3.359) as follows: the control jurisdiction of the same ap­ tions that would designate the Waiter- (a) Within the next 100 hours’ time in proach control facility as aircraft con­ boro, S.C., transition area. service after the effective date of this AD,' ducting IF R operations to and from Interested persons were afforded an unless already accomplished, modify the Will Rogers World Airport and other opportunity to participate in the rule aircraft in accordance with instructions con­ airports in the Oklahoma City terminal making through the submission of com­ tained in Piper Kit 760-250 dated October area. 23, 1968, or an alternative method approved ments. All comments received were by the Chief, Engineering and Manufactur­ At the present time, IFR aircraft des- favorable. ing Branch, PAA Eastern Region. tined for Norman execute an approach to Subsequent to publication of the W ill Rogers and then proceed VFR to notice, the geographic coordinate (lat. This amendment is effective July 3, Westheimer Field. This, too, delays traffic 1969. 32°55'15" N., long. 80°38'30" W.) for and is otherwise undesirable. An ap­ Walterboro Municipal Airport was ob­ (Sec. 313(a), 601, 603, Federal Aviation proach procedure to serve Westheimer tained from Coast and Geodetic Survey. Act of 1958; 49 UJS.C. 1354(a), 1421, 1423; Field would improve this situation by sec. 6(c), Department of Transportation It is necessary to alter the transition Act; 49 U.S.C. 1655(c) eliminating possible conflicts between area description by appropriately insert­ IFR and marginal VFR aircraft thereby ing the geographic coordinate for the Issued in Jamaica, N.Y., on June 17, increasing the level of safety in the ter­ airport. 1969. minal area. In view of the foregoing, the Since this amendment is editorial in agency cannot foresee any added adverse W a y n e H e n d e r s h o t , nature, notice and public procedure Acting Director, Eastern Region. effect on IFR operations at W ill Rogers hereon are unnecessary and action is World Airport by the addition of the pro­ taken herein to alter the description [P.R. Doc. 69-7514; Piled, June 25, 1969; posed instrument approach procedure to • 8:46 a m .] accordingly. serve Westheimer Field. In consideration of the foregoing, Part Subsequent to development of the pro­ 71 of the Federal Aviation Regulations [Airspace Docket No. 69-SW-25] posed alteration, the criteria for designa­ is amended, effective 0901 G.m.t., Au­ tion of terminal controlled airspace was PART 71— DESIGNATION OF FEDERAL changed. Accordingly, an additional area gust 21, 1969, as hereinafter set forth. AIRWAYS, CONTROLLED AIRSPACE, is required to provide the controlled air­ In § 71.181 (34 F.R. 4637), the follow­ AND REPORTING POINTS space protection which was intended. ing transition area is added: Alteration of Transition Area This area is small and there are ho air­ Walterboro, S.C. ports of record therein. Action is being That airspace extending upward from 700 The purpose of this amendment to taken herein to encompass the additional feet above the surface within an 8-mile Part 71 of the Federal Aviation Regula­ airspace. radius of Walterboro Municipal Airport (lat. tions is to alter the 700-foot transition Since this change in the proposal is 82°55'15" N., long. 80°38'30" W .). area at Oklahoma City, Okla. minor in nature and is required in the (Sec. 307(a), Federal Aviation Act of 1958; On May 21, 1969, a notice of proposed interest of safety, notice and public 49 U.S.C. 1348(a); sec. 6(c), Department of rule making was published in the Fed­ procedures hereon are not practical and Transportation Act; 49 U.S.C. 1655(c))

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9853

Issued in East Point, Ga., on June 18, procedures hereon are unnecessary and [Airspace Docket No. 69—SW-24] the amendment may be made to coincide 1969. pa rt 71— DESIGNATION OF FEDERAL J a m e s G . R ogers, with the next charting date. AIRWAYS, CONTROLLED AIRSPACE, Director, Southern Region. In consideration of the foregoing, Part AND REPORTING POINTS [F.R. Doc. 69-7557; Piled, June 25, 1969; 71 of the Federal Aviation Regulations 8:50 am .] is amended, effective 0901 G.m.t., August Designation of Transition Area > 21,1969, as herein set forth. The purpose of this amendment to [Airspace Docket No. 69-CtE—42] In § 71.181 (34 F.R. 4696) the 700-foot portion of the Guthrie, Tex., transition Part 71 of the Federal Aviation Regula­ PART 71— designation o f f ed er a l area is amended to read: tions is to designate the Seymour, Tex., transition area. AIRWAYS, CONTROLLED AIRSPACE, Gtjthrie, T ex. AND REPORTING POINTS On May 10, 1969, a notice of proposed That airspace extending upward from 700 rule making was published in the Alteration of Transition Area feet above the surface within a 6-mile radius F ederal R egister (34 F.R. 7579) stating of lat. 33°38'25" N„ long. 100°20'50" W., and the Federal Aviation Administration The purpose of this amendment to within 2 miles each side of the Guthrie VOR Part 71 of the Federal Aviation Regula­ 182° radial extending from the 6-mile radius proposed to designate a 700-foot transi­ tions is to alter the Zionsville, Ind., tran­ area to the VOR. tion area at Seymour, Tex. sition area. (Sec. 307(a), Federal Aviation Act of 1958; 49 Interested persons were afforded an On May 29, 1969 the name of Terry U.S.C. 1348; sec. 6 (c ), Department of Trans­ opportunity to participate in the rule Memorial Airport will be changed to In ­ portation Act; 49 U.S.C. 1655(c)) making through submission of com­ dianapolis Terry Airport. Therefore, it ments. All comments received were Issued in Fort Worth, Tex., on June 17, favorable. is necessary to alter the Zionsville, Ind., 1969. transition area to reflect the new name In consideration of the foregoing. A. L . C o u l t e r , of the airport. Action is taken herein to Acting Director, Southwest Region. Part 71 of the Federal Aviation Regu­ effect this change. lations is amended, effective 0901 G.m.t., Since the change is minor in nature [F.R. Doc. 69-7517; Piled, June 25, 1969; August 21, 1969, as herein set forth. and imposes no additional burden on any 8:47 am .] In § 71.181 (34 F.R. 4637), the follow­ person, notice and public procedure ing transition area is added: hereon are unnecessary. [Airspace Docket No. 69—EA—33] Seymour, T ex. In consideration of the foregoing, Part 71 of the Federal Aviation Regulations is pa rt 71— DESIGNATION OF FEDERAL That airspace extending upward from 700 amended effective 0901 G.m.t., May 29, AIRWAYS, CONTROLLED AIRSPACE, feet above the surface bounded by a line be­ 1969 as hereinafter set forth: ginning at lat. 33°39'00" N., long. 99°20'00" AND REPORTING POINTS W., thence to lat. 33°46'00" N., long. 99°- In § 71.181 (34 F.R. 4637), the following Designation of Transition Area 23'00" W., to lat. 33°52'00" N., long. 99°- transition area is amended to read: 07'00" W., to lat. 33°42'00" N., long. 99°- Zionsville, I nd. On page 7288 of the F ederal R egister 03'00" W., to point of beginning. That airspace extending upward from 700 for May 5, 1969, the Federal Aviation (Sec. 307(a), Federal Aviation Act of 1958; feet above the surface within a 5-mile radius Administration published proposed regu­ 49 U.S.C. 1348; sec. 6 (c), Department of of Indianapolis Terry Airport (latitude 40°02' lations which would designate a part Transportation Act; 49 U.S.C. 1655(c)) 05" N., longitude 86°15’00" W .). tirpe 700-foot transition area over Errol Issued in Fort Worth, Tex., on June 17, (Sec. 307(a), Federal Aviation Apt of 1958; Airport, Errol, N.H. 1969. 49 U.S.C. 1348; sec. 6 (c ), Department of Interested parties were given 30 days A. L. C o u l t e r , Transportation Act; 49 U.S.C. 1655(c) ) after publication in which to submit writ­ Acting Director, Southwest Region. ten data or views. No objections to the Issued in Kansas City, Mo., on June 2, [F.R. Doc. 69-7519; Filed, June 25, 1969; 1969. ~ proposed regulations have been received. In view of the foregoing, the proposed 8:47 a.m.] B r o w n in g A d a m s, Acting Director, Central Region. regulations are hereby adopted effective 0901 G.m.t., August 21, 1969. [Airspace Docket No. 69—EA-38] [F.R. Doc. 69-7516; Piled, June 25, 1969; 8:47 a.m.] (Sec. 307(a), Federal Aviation Act of 1958; 72 pa rt 71— DESIGNATION OF FEDERAL Stat. 749; 49 U.S.C. 1348; Sec. 6 (c), Depart­ ment of Transportation Act; 49 U.S.C. AIRWAYS, CONTROLLED AIRSPACE, [Airspace Docket No. 69-SW-40] 1655(c)) AND REPORTING POINTS PART 71— DESIGNATION OF FEDERAL Issued in Jamaica, N.Y., on June 12, Designation and Alteration of AIRWAYS, CONTROLLED AIRSPACE, 1969. Transition Area W a y n e H e n d e r s h o t , AND REPORTING POINTS Acting Director, Eastern Region. On page 7288 of the F ederal R e g ister Alteration of Transition Area for May 3,1969, the Federal Aviation Ad­ Amend § 71.181 of Part 71 of the Fed­ ministration published proposed regula­ The purpose of this amendment to Part eral Aviation Regulations so as to desig­ tions which would alter the White Sul­ 71 of the Federal Aviation Regulations is nate a part-time Errol, N.H., transition phur Springs, W. Va., transition area to alter the Guthrie, Tex., transition area. area described as follows: (34 F.R. 4784), and designate a 706-foot The 700-foot portion of this transition Errol, 'N.H. transition area over Greenbrier Valley area provides controlled airspace for air­ That airspace extending upward from 700 Airport, Lewisburg, W. Va. craft executing an instrument approach feet above the surface within a 5-mile radius Interested parties were given 30 days Procedure to the 6666 Ranch Airport at of the center (44°47'25" N., 71°09'30" W.) after publication in which to submit writ­ Guthrie, Tex. This procedure, as of Errol Airport, Errol, N.H., and within 2 amended effective August 21, 1969, will miles each side of the Berlin, N.H., VOR ten data or views. No objections to the no longer require a 700-foot transition (44°38'05" N., 71°11'12" W .) 006° radial proposed regulations have been received. extending from the 5-mile radius area to the In view of the foregoing, the proposed area extension north of the Guthrie VOR. VOR, excluding the portion that coincides Therefore, action is being taken herein with the Berlin, N.H., 700-foot transition regulations are hereby adopted effective to revoke that portion of controlled air­ area. This transition area is effective horn 0901 G.m.t., August 21, 1969. space no longer required. sunrise to sunset, daily. (Sec. 307(a), Federal Aviation Act of 1958; Since this amendment lessens the bur­ [P.R. Doc. 69-7518; Piled, June 25, 1969; 72 Stat. 749; 49 U.S.C. 1348, sec. 6(c) , Depart­ den on the public, notice and public 8:47 a.m.] ment of Transportation Act; 49 U.S.C. 1655 (c))

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9854 RULES AND REGULATIONS

Issued In Jamaica, N.Y., on June 16, is amended, effective June 15, 1969, as Chapter II— Civil Aeronautics Board 1969. hereinafter set forth. W a y n e H e n d e r s h o t , In § 71.171 (34 F.R. 4627), the Summit, SUBCHAPTER A— ECONOMIC REGULATIONS Acting Director, Eastern Region. Alaska, control zone is revoked. [Reg. ER-582, Arndt. 6] 1. Amend § 71.181 of Part 71 of the (Sec. 307(a), Federal Aviation Act of 1958; Federal Aviation Regulations so as to 49 U.S.C. 1348; sec. 6 (c ), Department of PART 233— TRANSPORTATION OF designate a Lewisburg, W. Va., transi­ Transportation Act; 49 U.S.C. 1655(c)) MAIL; FREE TRAVEL FOR POSTAL tion area described as follows: Issued in Anchorage, Alaska, on EMPLOYEES Lewisbttrg, W. Va. June 13,1969. Position Titles of Postal Employees To That airspace extending upward from 700 H . H . S t a n l e y , Be Carried Free feet above the surface within a 7-mile radius Acting Director, Alaskan Region. of the center 37<’51'35" N., 80°23'55" W. of [F.R. Doc. 69-7521; Filed, June 25, 1969; Adopted by the Civil Aeronautics Greenbrier Valley Airport, Lewisburg, W. Va.; 8:47 a.m.] Board at its office in Washington, D.C., within 2 miles each side of the Runway 22 on the 23d day of June 1969. centerline, extended from the 7-mile radius [Airspace Docket No. 69-WA-21] The Post Office Department (in Docket area to 8 miles southwest of the end of the 21064) has requested amendment of runway; within 2 miles each side of the Run­ PART 73— SPECIAL USE AIRSPACE paragraphs (c) through (f) of § 233.1 to way 4 centerline, extended from the 7-mile reflect the changes in position titles of radius area to 15.5 miles northeast of the end Designation of Prohibited Area and of the runway; within 2 miles each side of those Postal employees who may obtain the White Sulphur Springs, W. Va. VOR 321° Alteration of Restricted Area free transportation without having to radial, extending from the 7-mile radius area The purpose of these amendments to present a “ Request for Access to Aircraft to the VOR; and within 2 miles each side Part 73 of the Federal Aviation Regula­ for Free Transportation” on U.S. Gov­ of a 208° bearing from the Lewisburg, W. Va., tions is to designate a prohibited area at ernment Standard Form 160. The De­ RBN (37*61'3fl" N., 80°24'02" W.), extend­ partment states that the amendment is ing from the 7-mile radius area to 8 miles San Mateo Point, Calif., and alter the southwest of the RBN. Oceanside Restricted Area R-2533. necessary to reflect reorganization The FAA has been requested to pro­ actions in the Department and the estab­ 2. Amend § 71.181 of Part 71 of the hibit the flight of aircraft in the vicinity lishment of a new Bureau of Planning Federal Aviation Regulations so as to of President Nixon’s California residence and Marketing. In view of the probabil­ alter the White Sulphur Springs, W. Va., for the security of the President. Public ity of further organizational changes, the transition area by deleting the descrip­ interest in the President may attract Department suggests that the functional tion of the area and inserting in lieu numerous aircraft over the Presidential designation be omitted from the posi­ thereof: residence for sightseeing and photo­ tion of the six Assistant Postmasters That airspace extending upward from 700 graphic purposes. In order to provide General. Finally, the Department re­ feet above the surface within a 7-mile radius adequate safeguards for the protection quests that the amendment be made ef­ of the center 37°47'00” N., 80°20'00" W. of of the President and persons or property fective immediately since there will be Greenbrier Airport, White Surphur Springs, on ground, it is necessary to designate no increase in the -total number of W. Va., and within 2 miles each side of the certain airspace above the Presidential credentials authorized and since current White Sulphur Springs, W. Va., VOR 115° residence near San Mateo Point, Calif., credentials will expire June 30, 1969. radial extending from the 7-mile radius area We find that public rule making pro­ to 8 miles southeast of the VOR, excluding as a prohibited area. the portion that coincides with the Lewis­ Since there is a requirement for the ceedings are not required on the re­ burg, W. Va., transition area. This transition immediate adoption of this regulaton, quested amendment since it relates area shall be effective from sunrise to sunset further notice and the public procedure essentially to Post Office management daily. are impracticable and good cause exists changes and the rule shall be effective immediately. [F.R. Doc. 69-7520; Filed, June 25, 1969; for making this regulation effective in 8:47 a.m.] less than 30 days. Accordingly, the Board hereby amends In consideration of the foregoing, Part paragraphs (c) through (f) of § 233.1 (14 [Airspace Docket No. 69-AL-6] 73 of the Federal Aviation Regulations CFR 233.1), effective June 23, 1969, to is amended as hereinafter set forth. read as follows: PART 71— DESIGNATION OF FEDERAL 1. Section 73.89 is added as follows: § 233.1 Postal employees to be carried AIRWAYS, CONTROLLED AIRSPACE, P-25 San Mateo P o int, Calif. free. AND REPORTING POINTS Boundaries. That airspace within a 1-nau­ * * * * * Revocation of Control Zone tical-mile radius a t the San Mateo Point Loran Station, lat. 33°23'32" N., long (c) The two Executive Assistants to The purpose of this amendment to 117°35'37'' W. the Postmaster General; the three Spe­ Part 71 of the Federal Aviation Regula­ Designated altitudes. Surface to 4,000 feet cial Assistants to the Postmaster Gen­ tions is to revoke the Summit, Alaska, MSL. eral; the two Executive Assistants to the control zone. Time of designation. Continuous. Deputy Postmaster General; and one Using agency. Administrator, Federal Avia­ Deputy Executive Assistant to the Post­ The Summit control zone, a 5-mile tion Administration, Washington, D.C. radius of the airport, is continuously master General. designated. Designation of a control zone 2. In § 73.25 (34 F.R. 4814) R-2533 (d) The six Assistant Postmasters requires that official weather observa­ Oceanside, Calif., “ thence to the point of General and the General Counsel; the tions and radio communications be avail­ beginning.” is deleted and “ thence to the deputies of .the Assistant Postmasters able. The U.S. Weather Bureau has ad­ point of beginning, excluding that air­ General and of the General Counsel; the vised that effective June 15,1969, weather space within the San Mateo Point Pro­ Director of Operations, Bureau of observations will no longer be available hibited Area P-25.” is substituted there­ Research and Engineering; and the on a 24-hour basis. for. Assistant Deputy Assistant Postmaster A review of aeronautical activity at (Sec. 307(a) of the Federal Aviation Act of General, Regional Administration, Bu­ the Summit Airport discloses there were 1958; 49 U.S.C. 1348, and sec. 6(c) of the reau of Operations. Department of Transportation Act; 49 U.S.C. no instrument approaches conducted in 1655(c)) (e) The Chief Postal Inspector; and calendar year 1968. the Deputy Chief Postal Inspector. Since this amendment is necessary due These amendments become effective (f) The Director, Distribution and to the reduction in weather observations on June 23, 1969. Routing Division; the Director, Air effective June 15, 1969, and imposes no Issued in Washington, D.C., on June 23, additional burden on any person, notice 1969. Transportation Branch; the Director, and public procedure hereon are unnec­ F erris J. H o w l a n d , International Service Division, Bureau essary, and the amendment may be Acting Director, of Operations; the Assistant General made effective in less than 30 days. Air Traffic Service. Counsel, Transportation; the Regional In consideration of the foregoing, Part [F.R. Doc. 69-7590; Filed, June 25, 1969; Director in each of the 15 Postal Re­ 71 of the Federal Aviation Regulations 8:51 a.m.] gions; the Postal Inspector-in-Charge

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9855 in each of the 15 Postal Regions; and tions solely on the basis of criteria used Group I Supplemental Air Carriers the Field Officers in Alaska. to establish present classifications. We Name Abbreviation * * * * * shall therefore deny the alternative Interstate Airmotlve, Inc__Interstate. (Secs. 204(a) and 405(j) of the Federal Avia­ request for a revised rule making Johnson Flying Service, Johnson. tion Act of 1958, as amended, 72 Stat. 743, proceeding. Inc. 760; 49 U.S.C. 1324, 1375) We have decided to adopt the rule as Purdue Airlines, Inc______Purdue. proposed, and the tentative findings set Standard Airways, Inc_____ Standard. By the Civil Aeronautics Board. Vance International Air- Vance, out in EbR-162 are hereby made final. ways, Inc. [ s e a l] M abel M cC art, Inasmuch as the notice proposed an ef­ Group II Supplemental Air Carriers Acting Secretary. fective date of July 1, 1969 and no local [F.R. Doc. 69-7541; Filed, June 25, 1969; service carrier objected, the Board finds American Flyers Airline American 8:49 a.m.] Corp. Flyers. that the final rule may be made effective Capitol International Air- Capitol, less than 30 days after publication in the ways, Inc. [Reg. ER—581, Amdt. 23] Modern Air Transport, Inc_ Modern. F ederal R eg ist e r . Overseas National Airways, Overseas PART 241— UNIFORM SYSTEM OF Accordingly, the Board hereby amends Inc. National. ACCOUNTS AND REPORTS FOR section 04 of Part 241 of the economic Saturn Airways, Inc______Saturn. CERTIFICATED AIR CARRIERS Southern Air Transport, Southern Air > regulations (14 CFR 241.04), effective Inc. Transp. Reclassification of Local Service Car­ July 1, 1969, to read as follows; . Trans International Air- Trans Interna- lines, Inc. tional. riers as Group III Route Air Carriers Section 04— Air Carrier Groupings Universal Airlines, Inc_____ Universal. Adopted by the Civil Aeronautics and Standard Name Abbreviations World Airways, Inc______World. Board at its office in Washington, D.C., Group I R oute Air Carriers (Secs. 204(a) and 407 of the Federal Aviation on the 23d day of June 1969. Act of 1958, as amended, 72 Stat. 743, 766; Name By circulation of EDR-162 (Docket Abbreviation 49 U.S.C. 1324, 1377) 20988), dated May 12, 1969, and pub­ Aspen Airways, Inc______Aspen. Caribbean-Atlantic Air­ Caribair. By the Civil Aeronautics Board. lished at 34 F.R. 7706, the Board gave lines, Inc. notice that it proposed to amend Part [ s e a l ] M abel M cC art, Chicago Helicopter Airways, Chicago Heli­ Acting Secretary. 241 to reclassify local service carriers as Inc. copter. Group II I route air carriers for reporting Kodiak Airways,.Inc______Kodiak. [F.R. Doc. 69-7542; Filed, June 25, 1969; purposes, effective July 1, 1969. Los Angeles Airways, Inc__ LA Airways. 8:49 a.m.] Comments supporting the proposal New York Airways, Inc____ NY Airways. Reeve Aleutian Airways, Reeve. were filed by Continental Air Lines, Inc., Inc. and Pan American World Airways, Inc. San Francisco & Oakland SFO Helicopter. In addition, Pan American suggested that Helicopter Airlines, Inc. Title 16— COMMERCIAL the rule be expanded to reclassify Air­ Western Alaska Airlines, Western Alaska. lift International, Inc., Aloha Airlines, Inc. PRACTICES Inc., Trans Caribbean Airways, Inc., and Wien Consolidated Airlines, Wien. Caribbean-Atlantic Airlines, Inc., as Inc. Chapter I— Federal Trade Commission Group i n route carriers or, in the alter- Group II R oute Air Carriers [Docket No. C-1536] nativefthat a revised notice propose such Airlift International, Inc__Airlift. PART 13— PROHIBITED TRADE reclassifications. Airlift, Aloha, and Aloha Airlines, Inc______Aloha. Trans Caribbean are presently Group II Trans Caribbean Airways, Trans Car. PRACTICES route carriers, and Caribair is a Group Inc. I route carrier. Albert Bell’s Midwest Appliance Co. G roup III Route A ir Carriers In support of its proposal, Pan Ameri­ et al. can asserts that Airlift, Trans Caribbean, Air West, Inc______Air West. Alaska Airlines, Inc______Alaska. Subpart—Advertising falsely or mis­ and Caribair have greatly expanded their Allegheny Airlines, Inc____ Allegheny. leadingly: § 13.155 Prices: 13.155-70 routes; their expenses are comparable to American Airlines, Inc____ American. Percentage savings; 13.155-78 Repos­ those of the larger local service carriers; Braniff Airways, Inc______Braniif. session balances. Subpart— Misrepresent­ and these carriers compete with Group Continental Air Lines, Inc_ Continental. ing oneself and goods—Prices: § 13.1778 III carriers in major markets. Pan Amer­ Delta Air Lines, Inc______Delta. Additional costs unmentioned. Subpart—- ican argues that comparable cost data Eastern Air Lines, Inc_____ Eastern. Neglecting, unfairly or deceptively, to should therefore be available in route The Flying Tiger Line Inc_ Flying Tiger. Frontier Airlines, Inc_____ Frontier. make material disclosure: § 13.1882 and rate cases involving these carriers Prices: § 13.1905 Terms and conditions. and markets. With respect to Aloha, Pan Hawaiian Airlines, Inc_____ Hawaiian. Mohawk Airlines, Inc______Mohawk. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets American reasons that since Aloha par­ National Airlines, Inc_____ National. ticipates with Hawaiian Airlines, which or applies sec. 5, 38 Stat. 719, as amended; North Central Airlines, Inc_ North Central. 15 U.S.C. 45) [Cease and desist order, A l­ is a Group III route carrier, in main- Northeast Airlines, Inc____ Northeast. bert Bell’s Midwest Appliance Co. et al., Kan­ land-Hawaii common fare arrangements, Northwest Airlines, Inc____ Northwest. sas City, Mo., Docket C-1536, May 22, 1969] the participating Hawaiian carriers Ozark Air Lines, Inc______Ozark. should report on the same basis, namely, Pan American World Air- Pan American, In the Matter of Albert Bell’s Midwest as Group III route carriers. ways, Inc. Appliance Co., a Corporation, and Piedmont Aviation, Inc___ Piedmont. Albert Bell and Harold A. Bell, In ­ Although Pan American’s proposed re­ Seaboard World Airlines, Seaboard. dividually and as Officers of Said classifications have some merit, we must Inc. Corporation reject them as beyond the scope of this Southern Airways, Inc_____ Southern. proceeding. Moreover, we are currently Texas International Air- Texas, Consent order requiring a Kansas engaged in an overall study of carrier lines, Inc. City, Mo., retailer of home appliances to Trans World Airlines, In c__Trans World. groupings and we believe it would be pre­ United Air Lines, Inc______United. cease using deceptive pricing and sav­ mature to propose further reclassifica­ Western Air Lines, Inc_____ Western. ings claims and failing to disclose the

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9856 RULES AND REGULATIONS total purchase price and other interest Issued: May 22,1969. Mississippi River Corp. or ‘any of its and service charges. By the Commission. subsidiaries or affiliates, or who owns or The order to cease and desist, includ­ controls, directly or indirectly, more than ing further order requiring report of [ s e a l ] J o s e ph W . S h e a , one (1) percent of the outstanding shares compliance therewith, is as follows: Secretary. of voting stock of Mississippi River Corp., I t is ordered, That respondents Albert [F.R. Doc. 69-7498; Filed, June 25, 1969; or any of its subsidiaries or affiliates. Bell’s Midwest. Appliance Co., a corpora­ 8:45 am .] It is further ordered, That for a period tion, and its officers, and Albert Bell and of ten (10) years respondent shall cease and desist from acquiring, directly or Harold A. Bell, individually and as of­ [Docket No. 8657 o.] ficers of said corporation, and respond­ indirectly, without the prior approval of ents’ representatives, agents, and em­ PART 13— PROHIBITED TRADE the Federal Trade Commission, the ployees, directly or through any corporate PRACTICES whole or any part of the share capital or other device, in connection with the or other assets of any corporation en­ advertising, offering for sale, sale or Mississippi River Fuel Corp. gaged in the sale of ready-mixed con­ distribution of household furniture, tele­ Subpart—Acquiring corporate stock or crete or concrete products within re­ vision, stereo sets, or other home appli­ assets: §13.5 Acquiring corporate stock spondent’s present or future marketing ances or products, in commerce, as or assets. area for Portland cement or which pur­ “ commerce” is defined in the Federal chased in excess of 10,000 barrels of Trade Commission Act, do forthwith (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Portland cement in any of the five (5) or applies sec. 7, 38 Stat. 731, as amended; years preceding the merger. cease and desist from: 15 U.S.C. 18) [Cease and desist order, Mis­ 1. Representing, directly or by impli­ sissippi River Fuel Corp., St. Louis, Mo., It is further ordered, That respondent cation, that any savings, or stated Docket 8657, May 20, 1969] shall, within sixty (60) days from the amount or percentage of savings, are af­ date of service of this order and every Order requiring a St. Louis, Mo., firm forded to purchasers of respondents’ sixty (60) days thereafter until divesti­ merchandise unless the price at which primarily engaged in oil and gas ex­ ture is fully effected, submit to the Com­ such merchandise is offered constitutes plorations and drilling, to divest itself mission a detailed written report of its a significant reduction, and a reduction of two acquired producers of ready- actions, plans, and progress in com­ equal to any amount or percentage, mixed concrete, and refrain from acquir­ plying with the divestiture provisions of stated or otherwise, from an established ing any such company for a period of 10 this order, and fulfilling its objectives. selling price at which such merchandise years without prior Commission All reports shall include, among other has been sold in substantial quantities by approval. things that will be from time to time respondents in the recent regular course The order of divestiture, including fur­ required, a summary of all contacts and of their business. ther order requiring report of compliance negotiations with potential purchasers therewith, is as follows: 2. Falsely representing, in any man­ of the stock, assets, properties, rights or It is ordered, That respondent, Mis­ privileges to be divested under this ner, that savings are available to pur­ sissippi River Corp., a corporation, and chasers or prospective purchasers of re­ order, the identity of all such potential its officers, directors, agents, representa­ purchasers, and copies of all written spondents’ merchandise; or misrepre­ tives, employees, subsidiaries, affiliates, senting, in any manner, the amount of communications to and from such successors and assigns, within one (1) potential purchasers. savings available to purchasers or pro­ year from the date this order becomes spective purchasers of respondents’ final, divest, absolutely and in good faith, By the Commission, Commissioner merchandise. subject to the approval of the Federal MacIntyre not participating. 3. Representing, directly or by impli­ Trade Commission, as going concerns, all Issued: May 20,1969. cation, that merchandise is offered for stock, assets, properties, rights and sale for the unpaid balance of the pur­ privileges, tangible and intangible, in­ [ s e a l ] Jo s e p h W . S h e a , chase price or for taking over the pay­ cluding, but not limited to, all plants, Secretary. ments or on any other terms or condi­ equipment, machinery, inventory, cus­ [F.R. Doc. 69-7499; Filed, June 25, 1969; tions as unclaimed or lay-away mer­ tomer lists,' trade names, trademarks, 8:45 a.m.] chandise or for any other reason unless and goodwill, acquired by respondent, such merchandise is of the represented as a result of the acquisitions of the kind and status and its purchase affords stock and/or assets of Stewart Sand and the purchaser all of the reductions in Material Co., John A. Denie’s Sons Co., Title 29— LABOR price and advantages claimed for it. Richter Concrete Corp., and Richter Chapter V— Wage and Hour Divi­ 4. Failing to disclose the exact amount Transfer Co., together with all additions sion, Department of Labor of the total purchase price of merchan­ and improvements thereto of whatever dise and all interest, credit, insurance, description, and replacements thereof. PART 611— SWEATER AND KNIT service or other charges in writing at the It is further ordered, That pending SWIMWEAR INDUSTRY IN PUERTO time the contract for the sale of such divestiture, respondent shall not make RICO merchandise is executed by the pur­ or permit any deterioration or changes Wage Order chaser or purchasers. in any of the plants, machinery, equip­ I t is further ordered, That the re­ ment, buildings, or other property or Pursuant to sections 5, 6, and 8 of the spondent corporation shall forthwith dis­ assets to be divested which would im­ Fair Labor Standards Act of 1938 (52 tribute a copy of this order to each of pair their present capacity or market Stat. 1062, 1064, as amended; 29 U.S.C. its operating divisions. value, unless such capacity is restored 205, 206, 208) and Reorganization Plan It is further ordered, That the re­ prior to divestiture. No. 6 of 1950 (3 CFR 1949-53 Comp., spondents herein shall, within sixty (60) It is further ordered, That none of the p. 1004), and by means of Administrative days after service upon them of this or­ stock, assets, properties, rights or Order No. 606 (34 F.R. 5434), the Secre­ der, file with the Commission a report privileges to be divested be sold or trans­ ferred, directly or indirectly, to any per­ tary of Labor appointed and convened in writing setting forth in detail the son who is at the time of the divestiture Industry Committee No. 82-A for the manner and form in which they have an officer, director, employee or agent sweater and knit swimwear industry in complied with this order. of, or under the control or direction of, Puerto Rico, referred to the Committee

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9857 the question of the minimum wage rate § 203.12 Application and commitment Sec. or rates to be paid under section 6(c) of extension fees. 203.12 Application and commitment exten­ sion fees. the Act to employees in the industry, and (a) Application fee— (1) Amount of gave notice of a hearing to be held by fee. * * * * * * * * In Part 220, Subpart A, a new § 220.2 the Committee. (v) $15 for an application filed on or Subsequent to an investigation and a after July 1, 1969, which involves prop­ is added to read as follows: hearing conducted pursuant to the no­ erty, which respect to which the Veterans § 220.2 Application and commitment tice, the Committee has filed with the Administration has issued a Certificate extension fees. Administrator of the Wage and Hour of Reasonable Value, if the mortgagee and Public Contracts Divisions of the All of the provisions of § 203.12 con­ submits with the application evidence, Department of Labor a report containing cerning application and commitment ex­ satisfactory to the Commissioner, that its findings of fact and recommendations tension fees apply to mortgages insured such Certificate is outstanding and has with respect to the matters referred to under this part, except the provision in not expired. it. § 203.12(a) (1) (v) for an application fee % $ ♦ * 4c Accordingly, as authorized and re­ of $15 where the mortgagee establishes quired by section 8-of the Fair Labor (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ that the Veterans Administration has is­ Standards Act of 1938, Reorganization prets or applies sec. 203, 52 Stat. 10, as Plan No. 6 of 1950, and 29 CFR 511.18, amended; 12 U.S.C. 1709) sued a Certificate of Reasonable Value the recommendations of Industry Com­ In Part 220, Subpart A, in the Table which has not expired. mittee No. 82-A are hereby published, to of Contents a new § 220.2 is added as (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ be effective July 12, 1969, in this order follows: pret or apply sec. 220, 68 Stat. 596, as amended; 12 U.S.C. 1715k) amending § 611.2 of Title 29, Code of Sec. Federal Regulations, by revising para­ 220.2 Application and commitment exten­ Issued at Washington, D.C., June 23, graph (a) (1). As amended, § 611.2 reads sion fees. as follows: 1969. Section 220.1 is amended by adding W il l ia m B . R o s s , § 611.2 Wage rales. § 203.12 to the listed exceptions as Acting Federal * * * * * follows: Housing Commissioner. (a) Previously covered classification. § 220.1 Incorporation by reference. [F.R. Doc. 69-7540; Filed, June 25, 1969; (1) The minimum wage for this classifi­ (a) * * * 8:48 a.m.] cation is $1.55 per hour. * * * * (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; Chapter VII— Federal Insurance Administration, Department of Housing and 29 U.S.C. 205, 206, 208) Urban Development Signed at Washington, D.C., this 20th day of June 1969. SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM pa rt F r a n c is J. C o s t e ll o , 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE Acting Administrator, Wage and List of Designated Areas ' Hour and Public Contracts Divisions, U.S. Department of Section 1914.3 is added to read as follows: Labor. § 1914.3 List o f designated areas. [F.R. Doc. 69-7536; Filed, June 25, 1969; The sale of flood insurance is authorized * for each of the following areas as 8:48 a.m.] designated on the applicable Federal Insurance Administration Official Flood Insurance Map. In accordance with § 1914.2, the maps on which such areas are designated are available for public inspection at the State and local repositories Title 24— HOUSING AND HOUSING set forth below. Effective date of CREDIT State County Location Map. No. State map repository Local map repository authorization of sale of flood Chapter II— Federal Housing Admin­ insurance istration, Department of Housing for area and Urban Development Alaska___ . Fairbanks Fairbanks I 02 039 Alaska Department Fairbanks North Star June 25, 1969. SUBCHAPTER C— MUTUAL MORTGAGE INSUR­ North and 0770 01. of Natural Borough Planning ANCE AND INSURED HOME IMPROVEMENT Star Vicinity. Resources, Juneau, Division, Post LOANS Borough. Alaska 99801. Office Box 1267, Fairbanks, Alaska 99701. PART 203— MUTUAL MORTGAGE IN­ Director of Insurance City of Fairbanks SURANCE AND INSURED HOME IM­ State of Alaska, Engineering Pouch D, Juneau,' Department, Post PROVEMENT LOANS Alaska 99801. Office Box 790, Fairbanks, Alaska Subpart A— Eligibility Requirements 99701. Louisiana... Jefferson Metairie___ I 22 051 Louisiana Depart­ Jefferson Parish June 25, 1969. SUBCHAPTER F— URBAN RENEWAL HOUSING (Parish). 1545 01. ment of Public Department of Works, Baton Sanitation, 648 INSURANCE AND INSURED IMPROVEMENT Rouge, La. 70804. Helois St., Metairie, LOANS La. 70005 (on East Bank). PART 220— URBAN RENEWAL MORT­ Dommissioner of West Bank Drainage Insurance, State of District, 1972 Ames GAGE INSURANCE AND INSURED Louisiana, Box Blvd., Post Office IMPROVEMENT LOANS 44214, Capitol Box 335, Marrero, Station, Baton La. 70072. Subpart A— Eligibility Require­ Rouge, La. 70804. ments— Homes (National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development M iscellaneous A m e n d m e n t s Act of 1968, 42 U.S.C. 4001-4127), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968); Section 203.12(a) (1) is amended by Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, adding a new subdivision (v) to read as Feb. 27, 1969; and Secretary’s designation of Acting Federal Insurance Administrator, 33 follows: F.R. 11794, Aug. 20,1968)

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122------3 9858 RULES AND REGULATIONS

Effective date. This § 1914.3 shall be effective at the time this document is filed the use proposed, the length of time the for public inspection at the Office of the Federal Register. public agency has stated it will require W il l ia m B. Ross, to develop and submit a formal applica­ Acting Federal tion, the protection and maintenance Insurance Administrator. costs to the Government during such [F.R. Doc. 69-7565; Filed, June 25, 1969; 8:51 a.m.] length of time, and any other relevant facts and circumstances. The disposal ing for sale real property situated in an agency shall coordinate such review and Title 38— PENSIONS, BONUSES, urban area to afford that local govern­ determination with the proper regional mental unit the opportunity of such zon­ office of any interested Federal agencies AND VETERANS’ RELIEF ing for the use of the land in accordance listed below: with local comprehensive planning. It (1) Bureau of Outdoor Recreation, Chapter I— Veterans Administration also provides that prospective purchasers Department of the Interior; be furnished with such zoning informa­ (2) Department of Health, Education, CONTINUANCE IN EFFECT OF ALL tion and advice as availability of streets, and Welfare; CURRENT REGULATIONS AND sidewalks, water, street lights, and other (3) Federal Aviation Administration, OTHER FORMAL ISSUES AND CON­ service facilities. This amendment to Department of Transportation; FIRMATION OF ISSUES PROMUL­ Part 101-47 implements section 803k of (4) Fish and Wildlife Service, Depart­ the Federal Property Act, and makes ment of the Interior; and GATED BY OR PURSUANT TO THE (5) Federal Highway Administration, AUTHORITY OF W. J. DRIVER TO other incidental revisions in the regula­ tions. The requirement to give the local Department of Transportation. BECOME EFFECTIVE AFTER TERMI­ governmental unit the opportunity to (h) When the disposal agency has NATION OF HIS APPOINTMENT zone in accordance with local compre­ made a determination as to what consti­ tutes a reasonable period of time to de­ All current Veterans Administration hensive planning prior to offering for sale supersedes the previous practice of velop and submit a formal application, regulations, manuals, instructions, bul­ the public agency shall be so notified. letins, circulars, Administrator’s deci­ soliciting comprehensive and coordinated plans from the local public agencies for The public agency shall be advised of the sions, delegations of authority and other information required in connection with issues applicable to the Veterans Admin­ the use and procurement of surplus real property. an application to procure the property. istration shall remain in full force and (i) Upon receipts of the formal appli­ effect. The table of contents for Part 101-47 is amended by adding three entries, as cation for the property, the disposal In addition all Veterans Administra­ follows: agency shall consider and act upon it in tion issues applicable to the Veterans Ad­ Sec. accordance with the provisions of the ministration which were approved by or statute and applicable regulations. pursuant to the authority of W. J. Driver 101—47.303—2a Notice for zoning purposes. 101-47.4906a Attachment to notice sent to 2. New § 101-47.303-2a is added as to become effective on a date subsequent zoning authority. follows: to the termination of his appointment 101—47.4906b ' Paragraph to be added to as Administrator of Veterans’ Affairs are letter sent to zoning § 101—47.303—2a Notice for zoning pur­ hereby confirmed and approved as authority. poses. though the same had been approved by Subpart 101—47.3— Surplus Real (a) Where the surplus land is located me. in an urban area as defined in section 806 All the above issues shall remain in Property Disposal of the Act, that copy of the notice to full force and effect until such time as 1. Section 101-47.303-2 is amended aspublic agencies required under § 101- they may be specifically amended or re­ follows: 47.303-2 (b) which is sent to the head of voked. This issue is effective June 23, the local governmental unit having ju­ 1969. § 101—47.303—2 D is p o s a ls to public risdiction over zoning and land use regu­ agencies. lation in the area shall be accompanied [ s e a l] D o n a ld E. J o h n s o n , Citations of the statutes authorizing by a copy of section 803 of the Act (see Administrator of Veterans’ Affairs. the disposal of property to public agen­ § 101-47.4906a) and the transmittal let­ [F.R. Doc. 69-7582; Filed, June 25, 1969; cies, the type of property the public ter in such instances shall include an 8:51 a.m.] agencies may procure under each statute, additional paragraph requesting infor­ and the public agencies eligible to mation concerning zoning as set forth in procure such property are given in § 101.47.4906b. § 101-47.4905. (b) Information which is furnished by Title 41— PUBLIC CONTRACTS * * * * * the unit of general local government pur­ (f) I f the disposal agency is not in­ suant to the action taken in paragraph AND PROPERTY MANAGEMENT formed within the 20-calendar-day pe­ (a) of this section shall be included in riod provided in the notice of the desire of Invitations for Bid in advertised sales. Chapter 101— Federal Property In negotiated sales, this information Management Regulations a public agency to acquire the property under the provisions of the statutes listed shall be presented to prospective pur­ SUBCHAPTER H— UTILIZATION AND DISPOSAL in § 101-47.4905, or is not notified by chasers during the course of the nego­ tiations and shall be included in the PART 101-47— UTILIZATION AND the Department of Health, Education, and Welfare of a potential educational or sales agreements. In either instance, this DISPOSAL OF REAL PROPERTY public health requirement, it shall be information shall be followed by a writ­ ten statement, substantially as follows: Notification to Public Agencies of Sur­ assumed that no public agency or non­ profit institution desires to procure the The above information was obtained from plus Property for Zoning and Acqui­ ------;_____ and is furnished sition Purposes property. (g) The disposal agency shall prompt­ pursuant to section 803 of the Federal Prop­ erty and Administrative Services Act of 1949, The Intergovernmental Cooperation ly review each response of a public as amended. The Government does not guar­ Act of 1968, 82 Stat. 1098, among other agency to the notice given pursuant to antee that the information is necessarily ac­ things, amended the Federal Property § 101-47.303-2 (b). The disposal agency curate or will remain unchanged. Any and Administrative Services Act of 1949, shall determine what constitutes a rea­ Inaccuracies or changes in the above informa­ as amended, to add a new title V III sonable period of time to allow the public tion shall not be cause for adjustment or thereto entitled “Urban Land Utiliza­ agency to develop and submit a formal rescission of any contract resulting from this tion.” Section 803 thereof, requires that application for the property. When mak­ Invitation for Bid or Sales Agreement. the unit of general local government ing such determination, the disposal (c) I f no response to a request for such having jurisdiction over zoning and land agency shall give consideration to the zoning information is received, the use regulations be notified prior to off er- potential suitability of the property for property may be offered for sale without

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9859 furnishing such information to pro­ Notice is hereby given that the jurisdiction over zoning and land-use regula­ tion in the geographical area within which spective purchasers. If the unit of gen­ (Name of property) the land or lands are located in order to afford eral local government notifies the the government the opportunity of zoning ______has been deter- disposal agency of its desire to zone the for the use of such land in accordance with (Location) property, it shall be afforded a 30-calen­ local comprehensive planning. dar-day period (in addition to the 20 mined to be surplus Government property. (b) The Administrator, to the greatest calendar days afforded in the notice of The property consists of 1,333.65 acres of practicable extent, shall furnish to all fee land and a 5.968-acre drainage ditch prospective purchasers of such real property, surplus determination) to issue such easement, together with installed landing zoning regulations. I f the zoning can­ full and complete information concerning: strips, taxiways, walks, roads, parking area, (1) Current zoning regulations and pro­ not be accomplished within this time electrical system, and fencing. spective zoning requirements and objectives frame, the sale may proceed but the This property is surplus property available for such property when it is unzoned; and prospective purchasers shall be advised for disposal pursuant to the provisions of (2) Current availability to such proper y of the pending zoning of the property. the Federal Property and Administrative of streets, sidewalks, sewers, water, street Services Act of 1949 (40 U.S.C. 471 et seq.) lights, and other service facilities and pro­ Subpart 101-47.49— Illustrations and applicable regulations. The applicable spective availability of such services if such 1. Section 101-47.4906 is revised as-regulations provide that public agencies property is included in comprehensive planning. follows: (non-Federal) shall be allowed a reasonable period of time to submit a formal applica­ § 101—47.4906 Sample notice to public § 101—47.4906b Paragraph to be added agencies of surplus determination. tion for surplus real property in which they to letter sent to zoning authority. may be Interested. Disposal of this property, Notice of Surplus Determination— As the head of the governing body of or portions thereof, may be made to public Government Property the unit of general local government agencies for the public uses stated below having jurisdiction over zoning and land- whenever the Government has determined use regulations in the geographical area (Date) that the property is available for such uses within which this surplus property is (Name of property) and that disposal thereof is authorized by located, you also may be interested in the statutes cited and applicable regula­ section 803 of the Federal Property and (Location) tions: 1 Administrative Services Act of 1949, as amended, 82 Stat. 1105, a copy of which Statute Type of disposal is attached for,ready reference. It is re­ 50 U.S.C. App. 1622 (h ) _____ Public park, recreational area, or historic monument. quested that the information contem­ 40 U.S.C. 484(k) (1) ( A ) _____ School, classroom, or other educational purposes. plated by section 803(b) be forwarded 40 U.S.C. 484 (k) (1) ( B ) _____ Protection of public health, including research. this office within the same 20-calendar- 50 U.S.C. App. 1622(g)------Public airport. day period prescribed in the attached 23 U.S.C. 107 and 317______Federal aid and certain other highways. notice of surplus determination for the 40 U.S.C. 484(e) (3) ( H ) ____ Negotiated sales to public bodies for use for public purposes advising of a desire to acquire the prop­ generally.2 erty. I f the property is unzoned and you desire the opportunity to accomplish - If any public agency desires to acquire the application form to acquire property for an such zoning in accordance with local property under cited statutes, notice thereof educational or public health requirement, comprehensive planning pursuant to sec­ in writing must be filed w i t h ------and instructions for the preparation and sub­ tion 803(a), please so advise us in writ­ (Name of mission of an application, may be obtained ing within the same time frame and let ______be- from that office. Application forms or instruc­ tions to acquire property for all other public us know the time you will require for disposal agency) (Address) the promulgation of such zoning regula­ fore ______Standard use requirements may be obtained __ from'_ ;« (Hour and zone) tions. We will not delay sale of the Time, ______, ______* Such notice (Name of disposal agency) (Address) property pending such zoning for more (Day) (Date) Upon receipt of such written notice, the than 50 days from the date of this notice. shall: public agency shall be promptly informed concerning the period of time that will be However, if you will not be able to ac­ 1. Disclose the contemplated use of the allowed for submission of a formal complish the desired zoning before the property: application. 2. Contain a citation of the applicable property is placed on sale, we will ad­ In the absence of such written notice, or vise prospective purchasers of the pend­ statute or statutes under which the public in the event a public use proposal is not agency desires to procure the property; approved, the regulations issued pursuant to ing zoning in process. 3. Disclose the nature of the interest if an authority contained in the Federal Property 3. Section 101-47.4906-1 is revised as interest less than fee title to the property is and Administrative Services Act of 1949, follows: contemplated; provide for offering the property for sale 4. State the length of time required to for its highest and best use. § 101—47.4906—1 S a m p le le tt e r for develop and submit a formal application for transmission o f notice o f surplus the property (where a payment to the Gov­ 2. New §§ 101-47.4906a and 101- determination. ernment is required under the statute, in­ 47.4906b are added as follows: clude a statement as to whether funds are available anri, if not, the period required to § 101—47.4906a Attachment to notice (Date) sent to zoning authority. obtain fu n d s); and Certified Mail—Return Receipt Requested 5. Give the reason for the time required Federal Property and Administrative Serv­ to develop and submit a formal application. Any planning for an educational or a pub­ ices Act of 1949, As Amended lic health use of property sought to be ac­ T itle VIII— Urban Land Utilizatio n quired subject to a public benefit allowance (Addressee) DISPOSAL OF URBAN LANDS must be coordinated with the Department D e a r------; of Health, Education, and Welfare Sec. 803 ------An (a) Whenever the Administrator contem­ The fo rm e r______, (Address of proper regional office) plates the disposal for or on behalf of any (Name of property) Federal agency of any real property situate^, ______1___ has been deter- within an urban area, he shall, prior to (Location) 1Hst only the statutes (showing type of offering such land for sale, give reasonable mined to be surplus Government property disposal) applicable to disposal to public notice to the head of the governing body of and available for disposal. bodies of the property determined to be the unit of general local government having Included in the attached notice are a surplus. description of the property and procedural 2 List only for properties having an esti­ instructions to be followed if any public mated fair market value of $10,000 or more. 4 Delete this paragraph whenever property agency desires to submit an application for ‘ This date shall be 20 calendar days after is not available for transfer for an educa­ the property. Please note particularly the the date of the notice. tional or public health use. name and address given for filing written

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 »860 RULES AND REGULATIONS notice if any public agency desires to sub­ 3. Pending authorization of the proj­to the proposed amendments. AT&T in­ mit such an application, the time limita­ ect, this withdrawal does not alter the dicated that it believes the proposed tion -within which written notice must be applicability of the public land laws gov­ accounting will result in improved finan­ filed, and the required content of such notice. In order to ensure that all interested par­ erning the use of the national forest cial reporting, as well as serving to ties are informed of the availability of this lands under lease, license, or permit, or reduce the differences in accounting property, please post the additional copies the disposal of their mineral or vegeta­ practices between industries. However, of the attached notice in appropriate conspic­ tive resources other than under the min­ some of the principal comments of uous places.® ing laws, subject to the condition that AT&T and GT&E were with respect to A notice of surplus determination also is such use or disposition will not be the accounting for delayed and extraor­ being mailed t o ______inconsistent with the reclamation laws dinary items in which our proposed (Other addressees) and the purpose for which the lands are accounting differs in certain respects Sincerely, withdrawn. from the generally accepted accounting Attachment - H a r r iso n L o e s c h , principles adopted by the Accounting Assistant Secretary of the Interior. Principles Board (APB) of the Ameri­ (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 466(c)) can Institute of Certified Public June 20, 1969. Effective date: This amendment is Accountants (A IC P A ). In line with its [F.R. Doc. 69-7505; Filed, June 25, 1969; effective upon publication in the F ed­ comments, each company suggests that 8:46 a.m.j eral R eg ist e r . certain sections of Part 31 be further amended or amended in a manner some­ Dated: June20,1969. what different from that proposed in J o h n W . C h a p m a n , Jr., the notice of proposed rule making. Acting Administrator Title 47— TELECOMMUNICATION 3. In December 1966 the APB issued of General Services. Chapter I— Federal Communications its Opinion No. 9, “ Reporting the Results [F.R. Doc. 69-7539; Filed, June 25, 1969; Commission of Operations.” This Opinion was the 8:46 a.m.] result of a general review of reporting [Docket No. 18477; FCC 69-653] practices in which it was concluded that, PART 31— UNIFORM SYSTEM OF AC­ beginning in 1967, net income should re­ COUNTS FOR CLASS A AND B flect all items of profit and loss recog­ TELEPHONE COMPANIES nized during the accounting period with Title 43— PUBLIC LANDS: the exception of material prior period All-Inclusive Income Statement and adjustments, with large extraordinary INTERIOR Revision of the Accounting for Taxes items to be shown separately as an ele­ Chapter II— Bureau of Land Man­ ment of net income of the period. Under agement, Department of the Interior 1. On March 5, 1969, the Commission that Opinion material prior period ad­ adopted a notice of proposed rule making justments are handled as adjustments APPENDIX— PUBLIC LAND ORDERS in the above matter. This notice was of the opening balance of retained earn­ [Public Land Order 4670] published in the F ederal R e g ister on ings and, therefore, are excluded from March 12,1969 (34 F.R. 5114), in accord­ the determination of net income for the [Colorado 4254] ance with section 4(a) of the Adminis­ current period. COLORADO trative Procedure Act. The notice pre­ 4. In the rules as finalized herein the sented for comment on or before April 15, term “ delayed items” is defined to include Withdrawal for Proposed 1969, and for reply comment on or be­ all items relating to a prior accounting Reclamation Project fore April 25, 1969, a proposal to amend period, including interim and final ad­ Part 31, Uniform System of Accounts for justments of estimated amounts included By virtue of the authority contained Class A and Class B Telephone Com­ in section 3 of the act of June 17, 1902 in the accounts in prior years. However, panies, to accomplish the following: (a) under this accounting for delayed items, (32 Stat. 388; 43 U.S.C. 416), as amended To transfer from the earned surplus ac­ and supplemented, it is ordered as only those delayed items considered to counts to the income accounts delayed, be large enough to distort the current follows: extraordinary and all other items now accounts, which were previously includi­ 1. Subject to valid existing rights, the includible as entries to earned surplus ble in surplus, will be included in the new following described lands in the Grand except those pertaining to capital stock, accounts for delayed items, except that Mesa National Forest are hereby with­ the transfer of net income to earned sur­ there may be included in account 402, drawn from all forms of appropriation plus and appropriations of earned sur­ “ Miscellaneous credits to retained earn­ under the public land laws, including the plus; (b) to change all references to ings,” or account 413, “ Miscellaneous mining laws (30 U.S.C., Ch. 2), but not “ earned surplus” and “capital surplus” debits to retained earnings,” as appro­ from leasing under the mineral leasing to read “ retained earnings” and “ other priate, in addition to certain specified laws, and reserved for the proposed capital,” respectively; (c) to provide for items, any other amounts which the Battlement Mesa Project: intra-period allocation of income taxes Commission may approve or direct to be Sixth Principal Meridian by charging separate tax accounts for included therein. All other delayed items T. 10 S., R. 92 W „ such taxes pertaining to operating in­ will be includible in the accounts in Sec. 1, W>/2NWi/4SWi/4 , W^SW^NW^; come, “below-the-line” income, extraor­ which they would have been included Sec. 2, S E ^ N E ^ S E ^ . dinary and delayed income, and retained had the items not been delayed. earnings entries; (d) to delete the ac­ 5. No criteria, other than judgment of The areas described aggregate 42.5 counts for reservations of income and to acres in Mesa County. the company, is now included in Part provide in lieu of the two surplus reser­ 31 for the measurement of what size of 2. The use and administration of the vation accounts currently prescribed, a delayed item would result in distortion of lands affected by this order will become single account for all reservations of the accounts and none is included in subject to the provisions of the reclama­ retained earnings; and (e) to make other these amendments. However, it is to be tion laws (act of June 17,1902, supra, as changes occasioned by the foregoing such noted that Annual Report Form M for amended and supplemented), including as number and title references. telephone companies, starting with the the use of the lands under lease, license, 2. Comments were received from the report form for 1968, contains a new or permit, at such time as the Battlement American Telephone and Telegraph Co. schedule 44, Delayed Items, in which are Mesa Project is authorized by the (AT&T), the GT&E Service Corporation to be reported all delayed items included Congress. (GT&E) and the Public Service. Com­ in the regular accounts that amount to mission of Wyoming (Wyoming). No $100,000, or to 1 percent or more of total 6 Attach as many copies of the notice as comments in reply to the original com­ operating revenues, whichever is smaller. may be anticipated will be required for ade­ ments were received. Wyoming’s only It is believed that the accounting final­ quate posting. comment was that it had no objection ized herein for delayed items, together

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9861 with the data which are to be reported ating expenses rather than as charges to account 614) of debit balances in account annually in schedule 44, will provide ade­ the miscellaneous income charges ac­ 100:4, ‘Telephone plant acquisition ad­ quate information for regulatory pur­ count. This suggestion has not been justment,’ and in account 201 ‘Organi­ poses with respect to all significant adopted since we are of the opinion that zation,’ ” reference to § 31.100:4(c) (3) delayed items. this subject warrants more intensive has been added to this item; and 6. Most of the nonrecurring items study and consideration than it has re­ (h) The note to § 31.705 has been re­ which are currently includible in the ceived in this docket before we make any vised to provide that engineering costs surplus accounts are to be included in changes in our accounting rules along the included in account 705 that are ap­ new extraordinary and delayed income lines suggested by AT&T and GT&E. plicable to abandoned construction accounts. Those items that pertain to 10. GT&E also takes exception to the projects shall be charged to account 323 capital stock transactions will continue proposed Note B to account 307. “ Other and such costs applicable to contem­ to be included in the retained earnings operating taxes.” This note permits tele­ plated purchases or sales shall be accounts and a few items of a recurring phone companies to spread Social Secu­ charged to account 370. nature, now includible in the surplus ac­ rity taxis evenly over the year to the ac­ Certain other changes in the amend­ counts, are listed for inclusion in “ be- counts benefited. GT&E objects on the ments as proposed were suggested by low-the-line” income accounts. As previ­ grounds thait such spreading of Social AT&T which changes, although care­ ously mentioned, APB Opinion No. 9 Security taxes would result in different fully considered, have not been adopted provides that only extraordinary items treatment than that used in handling in the rules as finalized herein. of material size should be excluded from unemployment taxes. Also, that such 12. Other minor amendments have ordinary income and shown separately. method disregards the theory of record­ also been included in the attached ap­ It seems appropriate, however, for regu­ ing an expense in the period in which pendix. They consist principally of ad­ latory purposes that the nature of the the expense is incurred. The reference to ditional cross-reference revisions and items rather than their size should de­ Social Security taxes is used in the broad changing references to “surplus” to read termine whether they are extraordinary. sense to cover all types of taxes applica­ “ retained earnings.” The alternate accounting for the smaller ble to wages. We have, theref ore, changed 13. Necessary changes in Annual Re­ extraordinary items specified in the APB the proposed language to “Social Security port Form M and Monthly Report Form Opinion, therefore, is, in our opinion, not and certain other taxes” in the amend­ 901 that are occasioned by- amendments acceptable for regulatory purposes. ments adopted herein. The note is per­ to Part 31 made in this proceeding will These items, which we propose to clas­ missive only and is intended for the pur­ be made the subject of a separate rule sify as extraordinary, include, among pose of specifically providing for the use making proceeding at an early date. others, such items as profits and losses by all subject companies of procedures 14. Accordingly, it is ordered, That, on sales of plant, provision for past un­ that have been used by the Bell System under authority contained in sections 4 provided for depreciation, and adjust­ companies for the past several years with (i), 5 (d )(1 ), and 220 of the Communi­ ments in connection with the reacqui­ our approval. We feel that the use of the cations Act of 1934, as amended, Part sition of company bonds and other optional method results in a better allo­ 31, Uniform System of Accounts for evidences of debt. Furthermore, it seems cation of taxes both to the proper months Class A and Class B Telephone Compa­ to ns that the showing of all extraordi­ of the year and to the proper accounts nies, of the Commission’s rules and regu­ nary items in a separate account should and projects. Without the use of the op­ lations is amended as set forth below not work a hardship on any company. tional method, construction projects per­ effective January 1, 1970. In any event, the accounting is simpli­ formed during the latter months of the 15. I t is further ordered, That this fied since the items will always be year would be charged with little or no proceeding is hereby terminated. chargeable to the same accounts based taxes on wages since, for example, in the (Secs. 4, 5, 220, 48 Stat., as amended, 1066, on the nature of the item without regard case of Social Security taxes, the taxable 1068, 1078; 47 U.S.C. 154, 155, 220) to size. earnings maximum would have been 7. The new accounts prescribed in the reached earlier in the year. Adopted: June 18, 1969. attached Appendix for inclusion in Part 11. Certain modifications suggested by Released: June 24, 1969. 31 for delayed and extraordinary items AT&T are being made in the proposed are as follows: Account 360, “Extraor­ amendments as follows: F ederal C ommunications dinary income credits,” account 365, (a) Section 31.304 is being deleted from C o m m is s io n , “Delayed income credits,’’ account 370, the cross-references listed at the end of B e n F. W a p l e , “Extraordinary income charges,” account section 31.130; Secretary. 375, “Delayed income charges,” and ac­ (b) Sections 31.179, 31.402, and 31.413 Part 31—Uniform System of Accounts count 380, “Income tax effect of extra­ have been added to the list of cross- for Class A and Class B Telephone Com­ ordinary and delayed items—Net.’’ It is references in section 31.166; panies is amended as follows: believed that the differences between the (c) In the note to section 31.166 and 1. Section 31.01-4 is amended to read accounting set forth in the attached Ap­ in the texts of §§ 31.129, 31.130, and as follows: pendix for these accounts and that to be 31.131 the words “ of the period in which performed under Opinion No. 9 are de­ they are chargeable to income” have §31.01—4 Unaudited items. sirable from a regulatory viewpoint. been added after the words “paid in When the amount of any known item 8. AT&T and GT&E urge that Part 31 advance” ; affecting these accounts cannot be accu­ be amended to provide for interperiod (d) Section 31.402 has been amended rately determined in time for inclusion income tax allocation consistent with to eliminate therefrom the proposed in­ in the accounts of the calendar year in APB Opinion No. 11. We would point out clusion therein of the income tax effects which the transaction occurs, the amount that the matter of the interperiod alloca­ of preferred stock dividends charged to of the item shall- be estimated and in­ tion of Federal income taxes for rate account 416 since such amounts are to cluded in the proper accounts. When the purposes is a subject at issue in Docket be included in account 306; item is audited, the necessary adjust­ No. 16258, In the Matter of Charges for (e) The item in the item list of ments shall be handled as a delayed item Interstate and Foreign Communication § 31.323 reading “ Cost of abandoned as provided in § 31.01-5 (b ). If during the Services by the American Telephone and projects” has been amended to read interval between the date of inclusion of Telegraph Co. and the Associated Bell “ Cost of abandoned construction proj- the item in the accounts and the date System Cos. We, therefore, conclude that on which it is audited, a substantial dif­ any consideration of amendment of Part (f) In §§ 31.365 and 31.375 the term ference from the initial estimate is deter­ 31 should be deferred until we have ruled “ ordinary income” has been substituted mined, appropriate adjustments shall be on this matter for rate purposes. for the term “normal income” ; made in the current accounts to cover 9- AT&T and GT&E also suggest that (g) In lieu of the suggestion that the such difference. The company is not re­ certain expenses incurred in connection seventh item in the item list of § 31.370 quired to anticipate minor items which with proposed construction projects that be amended to read “Lump sum disposi­ would not appreciably affect these are abandoned should be treated as oper­ tions (other than those chargeable to accounts.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9862 RULES AND REGULATIONS

2. Section 31.01-5 is amended to read (b) The company is allowed the op­debits to retained earnings” : And, pro­ as follows: tion of writing down such book cost in vided further, That a credit adjustment recognition of the decline in value of the § 31.01—5 Delayed items. shall be credited to account 402, “Mis­ securities. It shall write down to a nom­ cellaneous credits to retained earnings,” (a) The term “ delayed items" means inal amount or write off the book cost to the extent that any previous Charges items which are accounted for in the cur­ if there is no reasonable prospect of to retained earnings on account of trans­ rent accounts with respect to transac­ future substantial value. The amount of actions in capital stock of the same class tions which occurred before the current such adjustment shall be charged to ac­ have not been offset by previous credits to calendar year. It includes adjustments count 370, “Extraordinary income retained earnings on account of such of errors and additional entries with re­ charges.” transactions. spect to items in the operating revenue, 7. In §31.1-13, paragraphs (b), (c), (f ) The company’s records shall be so operating expense and other income ac­ (d), (e), (f), and (g) are amended to maintained that in reports to the Com­ counts of prior years. read as follows: mission there may be shown the extent (b) Unless the inclusion of a delayed to which the retained earnings accounts § 31.1—13 Company securities owned. item in the current accounts would seri­ have been charged and credited in con­ ously distort those accounts, it shall be * '" * * * * nection with transactions in each class of included in the same account in the cur­ (b) The necessary adjustments for the capital stock. rent year that would have been credited difference between» (1) the face amount (g) The book amount for nonpar stock or charged if the item had not been de­ of bonds and other evidences of debt that reacquired shall be obtained by first as­ layed. I f the delayed item would seriously have been reacquired and (2) the certaining the amount in account 150, distort the current accounts, it shall be amounts actually paid therefor plus the “ Capital stock,” for the particular class credited to account 365, “Delayed income expenses incurred in connection with of stock before the reacquirement. In this credits," or charged to account 375, “De­ their reacquisition shall be included, amount shall be included the proceeds layed income charges,” as appropriate. when a credit, in account 360, “Extra­ realized at the sale, the amount of any (c) The company shall keep such ordinary income credits,” and when a assessments against stockholders, the records as are necessary in order to show debit in account 370, “Extraordinary in­ amounts transferred to account 150 from the full particulars with respect to all come charges.”. (See also § 31.1—15(f).) retained earnings less any amount which delayed items included in accounts 365 In the case of refinancing, amounts that has been distributed from account 150 and 375 and also with respect to such ordinarily would thus be credited to ac­ to the stockholders in liquidation. The other delayed items included in the count 360 or charged to account 370 may amount thus ascertained shall be pro­ ordinary accounts as are required to be be made subject to amortization upon rated to the shares reacquired on the reported in its annual report to the specific approval by the Commission in basis of the proportion that the reac­ Commission. each instance. quired shares bear to the total number 3. In § 31.01-7, paragraph (a) is (c) The necessary adjustments for the of shares actually outstanding immedi­ amended to read as follows: difference between (1) the face amount ately prior to their reacquirement. (Note of bonds and other evidences of debt also accounts 104, 105, 136, and 137.) § 31.01—7 Profits and losses from for­ previously reacquired that are resold and eign exchange. (2) the amounts actually received there­ 8. In § 31.1-14, paragraph (e) is (a) Profits and losses from premiumsfor less the expense incurred in connec­ amended to read as follows: and discounts on foreign exchange shall tion with their resale shall be included, § 31.1—14 Discount and premium on be included, so far as practicable, in the when a credit, in account 360, “ Ex­ capital stock. accounts appropriate for the transactions traordinary income credits,” and when a * * * * * in connection with which such items debit, in account 370, “Extraordinary in­ (e) When capital stock which has been arise. For example, profits realized and come charges.” losses suffered due to the difference in actually issued or assumed by the com­ (d) The necessary adjustments for the pany is reacquired the proportion (based rates of exchange between the date that difference between (1) the book amount money is borrowed or loaned and the date upon the relation'of the amount of stock of capital stock that has been reacquired reacquired to the total amount of that of payment or collection shall be included and (2) the amount actually paid for it in account 360, “Extraordinary income particular class or series of stock out­ plus the amount of expense incurred in standing before its reacquirement) of the credits,” or account 370, “ Extraordinary connection with its reacquisition shall income charges,” as may be appropriate. balance in the discount and premium be included in account 179, “Other cap­ account with respect to the stock reac­ * * * * * ital,” except that the excess of a debit quired shall be cleared to account 179, 4. Section 31.1-10 is amended to read adjustment over the balance in account “ Other capital,” except that any excess as follows: 179, applicable to capital stock of the of a debit amount over the balance in same class, shall be charged to account account 179 applicable to capital stock of § 31.1—10 Purpose of balance sheet 413, “ Miscellaneous debits to retained accounts. the same class shall be charged to ac­ earnings” : And, provided further, That count 413, “Miscellaneous debits to re­ The balance sheet accounts (100:1 to a credit adjustment shall be included in tained earnings” : And, provided further, 181, inclusive) are designed to show the account 402, “ Miscellaneous credits to That a credit amount shall be credited assets, liabilities, capital stock and re- retained earnings,” to the extent that any to account 402, “Miscellaneous credits to tained earnings or deficit of the previous charges to retained earnings on retained earnings,” to the extent that company. account of transactions in the same class any previous charges to account 413 on 5. In § 31.11, paragraph (b) is of stock have not been offset by previous account of transactions in capital stock amended to read as follows: credits to retained earnings on account of the same class have not been offset by of such transactions. §31.1—11 Current assets. previous credits to account 402 on ac­ (e) The necessary adjustments for the ♦ * * * * count of such transactions. difference between (1) the book amount ♦ * * * * (b) The amount of any current assetof capital stock that previously has been written off shall be included in account reacquired and is resold, and (2) the 9. In § 31.1-15, paragraphs (c) and (f) 323, “ Miscellaneous income charges," ac­ amount actually received for it less the are amended to read as follows: count 530, “ Uncollectible operating reve­ amounts of expense incurred in connec­ § 31.1—15 Discount, premium, and ex­ nues—Dr.,” or other appropriate tion with its resale shall be included in pense on long-term debt. account. account 179, “ Other capital,” except that * * * * * 6. In § 31.1-12, paragraph (b) isthe excess of a debit adjustment over the (c) The company may extinguish at amended to read as follows: balance in account 179 applicable to any time through charges to account 370, § 31.1—12 Book cost o f securities owned. capital stock of the same class shall be “ Extraordinary income charges,” all or ***** charged to account 413, “ Miscellaneous any part of the debit balance remaining

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9863 in any particular discount, premium, and charged. (Note also §§ 31.2-22(b) (9), termining the feasibility of construction debt expense account. 31.2-23 (a ), 31.303, 31.315, 31.671, 31.702, projects under contemplation. If the con­ * * * * * 31.704, 31.705, 31.706, and 31.707.) templated projects are carried out, the 13. Section 31.130 is amended to read preliminary costs shall be included in (f) Except as provided in paragraphs as follows: the cost of the plant constructed. If the (c), (d), and Ce) of this section, the contemplated projects are abandoned, balance in each of these accounts shall § 31.130 Prepaid taxes. the preliminary costs shall be charged to be carried until the reacquirement of the This account shall include the account 323, “Miscellaneous income securities to which it relates at which amounts of taxes paid in advance of the charges.” This account shall include also time the proportion (based upon the rela­ period in which they are chargeable to the cost of valuations, inventories, and tion of the amount of long-term debt income, except amounts chargeable to appraisals taken in connection with the reacquired to the total amount of that telephone plant under construction and contemplated acquisition or sale of prop­ particular class or series of long-term minor amounts which may be charged erty. If the property is subsequently ac­ debt outstanding before its reacquire­ direct to the final accounts. As the term quired, the preliminary costs shall be ment) of the balance in the discount, expires for which the taxes are paid, this accounted for as a part of the cost of premium and debt expense account with account shall be credited at monthly in­ acquisition, or if it is sold, such costs shall respect to the long-term debt reacquired tervals and the appropriate account be deducted from the sale price in ac­ shall be cleared to account 360, “ Ex­ charged. (Note also §§ 31.2-22(b) (8), counting for the property sold. I f con­ traordinary income credits,” or account 31.306, 31.307, 31.326 and 31.327.) templated purchases or sales are aban­ 370, “Extraordinary income charges,” as 14. Section 31.131 is amended to read doned, the preliminary costs included appropriate. In the case of refinancing, as follows: herein (including options paid, if any) amounts that ordinarily would thus be § 31.131 Prepaid insurance. shall be charged to account 370, “ Ex­ charged or credited to the extraordinary traordinary income charges.” income accounts may be made subject to This account shall include the amount 17. In §31.159:2, paragraph (a) is amortization upon specific approval of of insurance premiums paid in advance of amended to read as follows: the Commission in each instance. (See the period in which they are chargeable also § 31.1-13(b).) to income, except premiums chargeable § 31.159:2 Other accounts payable. ***** to telephone plant under construction (a) This account shall include 10. Section 31.1-18 is revoked. and minor amounts which may be amounts currently due to nonaffiliated charged direct to the final accounts. As companies and individuals, and not pro­ § 31.1-18 [Revoked] the term expires for which the pre­ vided for in other accounts, such as those 11. In §31.100:4, paragraph (c )(1 ) miums are paid, this account shall be for wages, traffic settlements, material and Note A are amended to read as credited at monthly intervals and the and supplies, repairs to telephone plant, follows: appropriate account charged. matured rents, and interest payable un­ 15. In §31.134:2, paragraphs (b) and der monthly settlements on short-term § 31.100:4 Telephone plant acquisition (c) are amended to read as follows: loans, advances, and open accounts. It adjustment. shall also include amounts of taxes pay­ ***** §31.134:2 Capital stock expense. able that have been withheld from em­ (C) * * * * * * * * ployees’ salaries. (1) Debit amounts may be charged to (b) When any issue of capital stock, * * ♦ * ♦ account' 370, “Extraordinary income or a portion thereof, is reacquired, there 18. Section 31.166 is amended to read charges,” in whole or in part, or amor­ shall be credited to this account and as follows: tized over a reasonable period through charged to account 179, “ Other capital,” charges to account 323, “Miscellaneous the amount herein with respect to such § 31.166 Taxes accrued. income charges,” without further direc­ stock, except that any excess of such This account shall includte the amount tion or approval by this Commission. amount over the balance in account 179 of unpaid taxes accrued. (Note also Should a carrier desire the disposition of applicable to capital stock of the same §§ 31.2-22(b) (8), 31.159:2, 31.179, 31.304, debit amounts in any manner other class, shall be charged to aecount 413, 31.306, 31.307, 31.326, 31.327, 31.380, than as herein provided, it shall request “ Miscellaneous debits to retained 31.402, and 31.413.) that the Commission (i) approve recom­ earnings.” Note: Taxes paid in advance of the period mended disposition or (ii) direct appro­ (c) The company may amortize or in which they are chargeable to income priate disposition according to the cir­ write off the balance carried in this ac­ shall be included in account 130. cumstances involved in each transaction. count by credits hereto and concurrent * * * * * charges to account 179, “Other capital,” 19. In § 31.169, paragraph (a) is amended to read as follows: Note A: Disposition as herein provided or to account 413, “Miscellaneous debits is for accounting purposes only and shall to retained earnings,” in case the amount § 31.169 Insurance reserve. not be construed as determining or control­ exceeds the balance in account 179 ap­ (a) This account shall be credited with ling the amount or disposition of the items plicable to the same class of stock. in a rate or other proceedings, nor shall any­ appropriations of retained earnings thing contained in paragraph (c) of this sec­ * * * y * * specifically made to cover self-carried tion be construed as precluding the Com­ 16. Section 31.139 is amended to read risks for losses through accident, fire, mission from subsequently requiring disposi­ as follows: flood, or other causes. tion of such amounts in a different manner or from altering a previously determined § 31.139 Other deferred charges. * #' ' • ' * * * amortization period. This account shall include all deferred 20. In § 31.170, paragraph (a) is ***** charges not provided for elsewhere, such amended to read as follows: 12. Section 31.129 is amended to read as unaudited amounts and other debit § 31.170 Provident reserve. as follows: balances in suspense that cannot be cleared and disposed of until additional (a) This account shall include specific § 31.129 Prepaid rents. information is received; debit balances appropriations of retained earnings and This account shall include the in clearing accounts; the amount, pend­ the amounts contributed by employees amounts of rents paid in advance of the ing determination of loss, of funds on or others (whether carried in special Period in which they are chargeable to deposit with banks which have failed; trust funds or in the general funds of income, except amounts chargeable to assets of current character but of doubt­ the company) for pensions, accident and telephone plant under construction and ful value (note also § 31.1-11); revenue, death benefits, savings, relief, hospital minor amounts which may be charged expense, and income items held in. sus­ direct to the final accounts. As the term pense (note also § 31.01-6); amounts and other provident purposes, when ad­ expires for which the rents are paid, paid for options pending final disposi­ ministered by trustees or managers act­ this account shall be credited at monthly tion; the cost of preliminary surveys, ing for the company. intervals and the appropriate account plans, investigations, etc., made for de­

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9864 RULES AND REGULATIONS

21. In § 31.171 paragraph (a) is account 103 shall be in accordance with identification or allocation of the amount amended to read as follows: that applicable to telephone plant re­ chargeable to construction. § 31.171 Depreciation reserve. tired. (Note also § 31.2-25.) ***** 24. Section 31.179 is amended to read (a) This account shall be credited as follows: 29. In §31.2-25, paragraphs (c ),

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9865 amounts accrued for interest costs; cred­ and local income taxes on items included be cleared to account 360, “ Extraordi­ its from interest charged to construc­ in accounts 300, 301, 302, 303, 306, 335, nary income credits,” or to account 370, tion; miscellaneous income, expenses, 336, 338, 339, 340, and from items in­ “ Extraordinary income charges,” as and taxes; rents from and for operating cluded in this account. appropriate. property; and extraordinary and de­ (b) Taxes on telephone plant leased * * * * * layed income credits and charges. The to others shall be included in this ac­ 37. In § 31.314, paragraph (b) is net balance in the income accounts shall count by the owner. (See also Note H.) amended to read as follows: be cleared to account 400, “Balance transferred from income accounts.” N ote A: Taxes which are not includible § 31.314 Income from sinking and other in this account shall be accounted for as funds. 32. Section 31.3-31 is amended to provided in §§ 31.2-22(b ) (8), 31.179(b), read as follows: 31.304, 31.306, 31.326, 31.327, 31.380, 31.402, * * * * * § 31.3—31 Income from sinking and or 31.413, as appropriate. (b) There may be included in this ac­ Note B: Social Security and certain other other funds. count for each month the applicable taxes are higher in the earlier months than amount requisite to extinguish, during When interest and other income aris­ in the later months of the year as a result the interval between the date of acquisi­ ing from funds carried in account 104, of taxes ceasing with respect to an employee “Sinking funds,” account 136, “Provident once he has reached the established maxi­ tion and the date of maturity, the differ­ ence between the purchase price and the funds,” or account 137, “ Insurance and mum of taxable wages. This frequently re­ other funds” (note also account 314) sults in spreading such taxes in a manner par value of securities held in sinking or inconsistent with the occurrence of labor other funds. Amounts thus credited or are required by the mortgage or other charges during the year. In order to spread provisions to be held in the funds, they charged shall be concurrently included such taxes in a more equitable manner, the in the accounts in which the securities shall be charged to those accounts. If taxes applicable to the monthly payroll may are carried. Any such difference remain­ such funds are represented by a reserve be charged initially to a clearing account established through reservations of re­ under account 139, “Other deferred charges,” ing unextinguished upon the maturity tained earnings, amounts so set aside and credited to account 166, “Taxes accrued.” and satisfaction of such securities shall shall be charged to account 415, “ Reser­ The clearing account shall then be credited be cleared to account 360, “ Extraordinary each month and this account, plant under income- credits,” or to account 370, vations of retained earnings,” and cred­ construction and other appropriate accounts ited to account 169, “Insurance reserve,” “ Extraordinary incomes charges,” as shall be charged with such amounts as will appropriate. account 170, “ Provident reserve,” ac­ properly allocate the total estimated annual count 173, “ Employment stabilization re­ Social Security taxes on the basis of the * * * * * serve,” or account 180, “Retained earn­ relationship of the labor charges to opera­ 33. In § 31.315, Note B is amended to ings reserved,” as may be appropriate. tions, construction and other accounts dur­ read as follows: 33. Section 31.305 is revoked. ing the month to the estimated total annual payroll. §31.315 Income, from miscellaneous § 31.305 [Revoked] N ote C: Special assessments for street and physical property. other improvements and special benefit ***** 34. New § 31.306 is added as follows: taxes, such as water taxes and the like, shall be included in the operating expense ac­ Note B: Taxes on miscellaneous physical § 31.306 Federal income taxes——Oper­ property shall be included in account 327. ating. counts or investment accounts, as may be appropriate. (a) This account shall include the 39. Section 31.316 is amended to read N ote D: Discounts allowed for prompt as follows: amount of Federal income taxes relating payments of taxes shall be credited to the to telephone operations for the account­ account to which the taxes are chargeable. §31.316 Miscellaneous income. ing period including the income tax effect Note E: Interest on tax assessments which This account shall include all items, of all items included in accounts 300, 301, are not paid when due shall be included in 302, 303, 307, 335, 336, 338, 339, and 340. account 336, “Other interest deductions.” not provided for elsewhere, properly Note F: Taxes paid by the company under creditable to income. It shall also include any income tax tax-free covenants on indebtedness shall be effects of sales of plant or items pre­ charged to account 340, “Other fixed I tems viously included in. plant for which no charges.” (Note § 31.01-8) book profit or loss is recorded, tax effects Note G : Sales and use taxes shall be ac­ of casualties to plant and tax effects of counted for, so far as practicable, as a part Fees collected in connection with the ex­ dividends on preferred stock charged to of the cost of the items to which the taxes change of coupon bonds for registered relate. bonds. account 416. Taxes accrued through this Profits from the telephone operations of other account prior to their payment shall be Note H: Taxes on rented telephone plant which are borne by the lessee shall be companies realized by the company under credited to account 166, “ Taxes accrued.” credited by the owner to account 524, “Rent contracts. (See also §§ 31.304, 31.307, 31.326, 31.327, revenues,” or to account 302, “Rent from Profits realized from custom work performed 31.380,31.402, and 31.413.) lease of operating property,” as appropriate, for others not incident to the company’s (b) Taxes should be accrued each and shall be charged by the lessee to account telephone operations. month on an estimated basis and ad­ 671, “Operating rents,” or to account 303, Profits realized on sale of temporary cash justments made as later data become "Rent for lease of operating property,” as investments. available. Amounts so accrued shall be appropriate. 40. Section 31.322 is revoked. credited to account 166, “Taxes accrued.” 36. In § 31.313, paragraph (d) is§ 31.322 [Revoked] Note A: No entries shall be made in this amended to read as follows: account to reflect interperiod allocation of 41. Section 31.323 is amended to read taxes except as provided in Case 26. §31.313 Interest income. as follows: * * * * ' * Note B: Taxes not includible in this ac­ § 31.323 Miscellaneous income charges. count shall be accounted for as provided in (d) There may be included in this ac­ il 31.2-22(b ) (8), 31.179, 31.304, 31.307, 31.326, count for each month the applicable This account shall include all items not 31.327, 31.380, 31.402, or 31.413, as appro­ amount requisite to extinguish, during provided for elsewhere properly charge­ priate. the interval between the date of acquisi­ able to income. tion and date of maturity, the difference 35. New § 31.307 is added as follows: I tems between the purchase price and the par § 31.307 Other operating taxes. _ value of securities owned, the income (Note § 31.01-8) (a) This account shall include all from which is includible in this account. Amortization of amounts included in ac­ taxes, other than Federal income taxes, Amounts thus credited or charged shall count 201, “Organization.” relating to telephone operations. Among be concurrently included in the accounts Contributions for charitable, social or com­ the taxes includible in this account are in which the securities are carried. Any munity welfare purposes. such difference remaining unextin­ Cost of abandoned construction projects. Property, gross receipts, franchise, cap­ Current expenses of trustees in maintaining ital stock, Social Security (see Note B ), guished at the sale or upon the maturity and administering trusts incident to out­ unemployment and the tax effect of State and satisfaction of such securities shall standing debt of the company.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122------4 9866 RULES AND REGULATIONS

Losses realized on sale of temporary oash. I tems §31.375 Delayed income charges. investments. (Note § 31.01-8) Uncollectible amounts previously credited to This account shall include the amount accounts 312 to 316, inclusive. (See also Amounts to extinguish the credit balance in of delayed charges applicable to operat­ § 31.1-11 and note to account 530.) the discount, premium and debt-expense ing revenue, operating expense and other accounts relating to long-term debt reac­ income accounts that are excluded as 42. New § 31.326 is added as follows: quired. (Note § 31.1-15.) deductions from ordinary income for the § 31.326 Federal income taxes— Nonop­ Amounts received for abrogation of con­ current year by the provisions of erating. tracts by others. § 31.01-5. Credits from adjustments in connection with 51. New § 31.380 is added as follows: This account shall include the amount the reacquisition of company bonds and of Federal income taxes and the reduc­ other evidences of debt. § 31.380 Income tax effect o f extraor­ tions in such income taxes that are ap­ Forfeitures by others of deposits under op­ dinary and delayed items— Net. tions relating' to the sale or lease of plicable to items included in accounts This account shall include all income 312, 313, 314, 315, 316, 323, and 327. property. Profits derived from the resale of interest- tax effects of items included in accounts 43. New § 31.327 is added as follows: bearing company securities. 360, “ Extraordinary income credits,” 365, § 31.327 Other nonoperating taxes. Profits derived from disposal of securities of “Delayed income credits,” 370, “ Extraor­ others, except temporary cash investments. dinary income charges,” and 375, “De­ (a) This account shall include the (See § 31.316.) amount of State and local income, gross layed income charges.” This account Profits derived from the sale of unexpired shall also include the income tax effect, receipts and similar taxes and reduc­ leases. not provided for elsewhere, of profits and tions in such taxes that are applicable to Profits derived from the sale of land used in items includible in accounts 312, 313, telephone service and from telephone plant losses from nonrecurring transactions 314, 315, 316, 323, and 326. (See particu­ sold with traffic. (Note § 31.2-25 (d) and that are recognized for income tax pur­ poses but for which no profit or loss is larly Note B to § 31.307.) (g )-) Profits derived from the sale of land carried recorded in the, accounts. The records (b) This account shall also include in account 103 and from the sale of de­ supporting the entries in this account taxes on miscellaneous physical prop­ preciable property in account 103 that had shall be maintained with sufficient par­ erty, taxes on wages not applicable to not previously been used in telephone serv­ ticularity to identify each amount in­ operations or construction, and all other ice. (Note § 31.174.) cluded herein with the extraordinary or taxes not provided for elsewhere. (See delayed item to which it is attributable. §§ 31.2-22(b) (8), 31.179, 31.304, 31.306, 48. New § 31.365 is added as follows: 31.307, 31.326, 31.380, 31.402, and 31.413.) §31.365 Delayed income credits. 52. The undesignated center heading preceding § 31.,4-40 reading “Instructions N ote A: Special assessments for street and This account shall include the amount for Earned Surplus Accounts” is other improvements and special benefit of delayed credits relating to operating amended to read “ Instructions for Re­ taxes, such as water taxes and the like, shall revenue, operating expense and other be included in the operating expense ac­ tained Earnings Accounts” . counts or investment accounts, as may be income accounts that are excluded from 53. Section 31.4-40, including the head- appropriate. ordinary income for the current year by note, is amended to read as follows: Note B : Discounts allowed for prompt the provisions of § 31.01-5. § 31.4—40 Purpose o f retained earnings payment of taxes shall be credited to the 49. New § 31.370 is added as follows: account to which the taxes are chargeable. accounts. § 31.370 Extraordinary income charges. Note C : Interest on tax assessments which The retained earnings accounts (400 are not paid when due shall be included in This account shall include charges to to 416, inclusive) are designed to provide account 336, “Other interest deductions.” income resulting from nonrecurring an analysis of all increases and decreases 44. In § 31.335, paragraph (a) is transactions that are hot customary in the company’s retained earnings or deficit during each calendar year result­ amended to read as follows: business activities of the company. ing from (a) the operations and other § 31.335 Interest on funded debt. I tems transactions during the year reflected in (a) This account shall include the (Note § 31.01-8) net income transferred from income ac­ current accruals of interest on all classes counts, (b) appropriations or other reser­ Debits from adjustments in connection with of debt the prinicpal of which is includ­ the reacquisition of company bonds and vations of retained earnings for specific ible in account 154:1, “Funded debt,” other evidences of debt. (Note §§31.1-13 purposes, (c) dividends declared and (d) and account 155, “Receivers’ certifi­ (b ) and 31.1-15.) entries relating to capital stock of the cates.” (Note also § 31.2—22(b) (10).) It Losses of funds due to bank failures. company which increase or decrease re­ shall also include the interest on funded Losses resulting from the resale of interest- tained earnings. No entries shall be made debt the maturity of which has been bearing company securities. directly to account 181, “Unappropriated extended by specific agreement. Losses resulting from the sale of land used retained earnings.” The balance of ac­ ♦ * * * * in telephone service and from telephone counts 400 to 416, inclusive shall be closed plant sold with traffic. (Note § 31.2-25 (d) into account 181 at the end of each 45. Sections 31.341, 31.342, and 31.343 and (g ).) are revoked and the undesignated center Losses resulting from sale of land carried in calendar year. 54. The undesignated center heading headings reading “Contingent Interest’* account 103 and from sale, destruction or retirement of depreciable property in ac­ preceding § 31.400 reading “Earned Sur­ and “Disposition of Net Income” which count 103 that had not previously been plus Accounts” is amended to read as precede and follow revoked § 31.341 are used in telephone service. (Note § 31.174.) “Retained Earnings Accounts” . deleted. Losses resulting from disposal of securities of others, except temporary cash invest­ 55. Section 31.400, including the head- §§ 31.341, 31.342, and 31.343 [R e­ ments. (See § 31.323.) note, is amended to read as follows: voked] Lump sum disposition of debit balances in § 31.400 Balance transferred from in­ account 100:4, “Telephone plant acquisi­ come accounts. 46. Insert a new undesignated center tion adjustment,” and in account 201, heading reading “ Extraordinary and De­ “Organization.” (See also § 31.100.4(c) (3 ).) This account shall include the net in­ layed Items” following § 31.340. Payments for abrogation of contracts. come for the year after extraordinary Penalties and fines paid on account of vio­ 47. New § 31.360 is added as follows: and delayed income credits and charges lations of statutes. that is transferred to retained earnings. § 31.360 Extraordinary income credits. Provision for past unprovided for deprecia­ As at the end of the year the balance tion. (Note § 31.171.) This account shall include credits to Write down or write off of securities owned of all income primary accounts (300 to income resulting from nonrecurring in recognition of a decline in value. (Note 380, inclusive) shall be closed into this transactions that are not customary §§ 31.1-11 and 31.1-12.) account. business activities of the company. 50. New § 31.375 is added as follows: 56. Section 31.401 is revoked.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9867

§ 31.401 [Revoked] rented property in account 307, “Other op­ and question and answer (b ) are amended erating taxes.” 57. Section 31.402, including the head- to read as follows: note, is amended to read as follows: ***** Case 1 1 -R -l ( Cancels Case 11) 64. In § 31.530, the note is amended to January 1, 1970. § 31.402 Miscellaneous credits to re­ read as follows: tained earnings. * * * * * § 34.530 Uncollectible operating reve­ Question (a) : May the cost to the merging This account shall include credits to nues— Dr. retained earnings arising from the re­ company (A ), at the time of the merger, of * * * * * the total net assets taken over be determined acquisition and resale of the company’s by adding to the amount which the A Com­ Note: Uncollectible amounts which have capital stock which are not includible in pany paid for the B and C Companies’ com­ not been treated as operating revenues shall account 179 (note § 31.1-13 (d), (e) and mon stocks the amounts of the now out­ be charged to account 323,- “Miscellaneous standing investment advances made by it to (f)); the amount of unclaimed divi­ income charges,” account 370, “Extraordinary these subsidiaries, and deducting from this dends: restorations to retained earnings income charges,” or other appropriate total the decrease in retained earnings suf­ of amounts previously appropriated account. therefrom; any income tax effect of fered by Companies B and C since 1933? Answer (a) : Yes, for B Company, C Com­ items included in account 413; and any 65. In § 31.673, Note B is amended to read as follows: pany’s retained earnings should be adjusted other amounts, which the Commission to reflect its retained earnings at date of may approve or direct to be included § 31.673 Telephone franchise require­ acquisition of C Company by B Company. herein. ments. Question (b ) : Should the decrease in re­ 58. Section 31.410 is revoked. * * * *' * tained earnings of the two subsidiary com­ panies since the respective dates of acquisi­ § 31.410 [Revoked] Note B: Franchise taxes paid annually or tion be charged directly against the retained more frequently shall be charged to account earnings account of the A Company? 59. Section 31.413, including the head- 307, “Other operating taxes.” note, is amended to read as follows: Answer (b ) : Yes. * * * * ♦. * * * * * § 31.413 Miscellaneous debits to re­ 66. In § 31.705, the Note is amended to d. Case 13 of Appendix A is deleted. tained earnings. read as follows: e. Case 21 of Appendix A is redesignated This account shall include amounts as Case 21—R—1 and the answer is amended arising from the reacquisition and re­ § 31.705 Engineering expense. to read as follows: sale of the company’s capital stock ***** Case 2 1 -R -l ( Cancels Case 21) which are not chargeable to account 179 Note: Expenses included in this account January 1, 1970. (note §31.1-13 (d ), (e) and (f)); the incurred in connection with projects which amounts of capital-stock expense writ­ are abandoned shall be cleared to account ***** ten off which are not chargeable to ac­ 323, “Miscellaneous income charges,” if they Answer: Account 152, “Premium on capi­ pertain to construction projects and to ac­ tal stock,” account 134:1, “Discount on capi­ count 179 (note § 31.134:2); appropria­ count 370, “Extraordinary income charges,” tal stock,” and the respective capital stock tions to nonpar stock accounts; any in­ if they pertain to contemplated purchases accounts are intended to include the amounts come tax effect of items included in ac­ or sales. (See also § 31.139.) received from purchasers of capital stock, count 402; and any other amounts the 67. In Appendix A to Part 31, Cases 2 but not expenses of issuing and selling the Commission may approve or direct to stock. For each class and series of capital be included herein. and 13 are deleted and Cases 10,11, and stock there should be recorded separately in 60. Section 31.414 is revoked. 21 are amended as follows: the prescribed accounts the par or stated Appendix A value of the stock, discount or premium, and § 31.414 [Revoked] the expenses incurred in connection with the INTERPRETATIONS OF THE ACCOUNTING REQUIRE­ issuance and sale of the stock. 61. Section 31.415, including the head- MENTS CONTAINED IN THIS SYSTEM OF note, is amended to read as follows: ACCOUNTS [F.R. Doc. 69-7554; Filed, June 25, 1969; 8:50 a.m.] § 31.415 Reservations o f retained earn­ a. Case 2 of Appendix A is deleted. ings. b. Case 10 of Appendix A is amended to This account shall include all reserva­ read as follows: tions of retained earnings required un­ Case 1 0 -R -l ( Cancels Case 10) Title 21— FOOD AND DRUGS der the terms of mortgages, deeds of January 1, 1970. Chapter I— Food and Drug Adminis­ trust, orders of courts or regulatory au­ thorities, contracts, or other agreements, STATEMENT OF FACTS tration, Department of Health, Edu­ and retained earnings reserved at the Amounts included in account 100:4, “Tele­ cation, and Welfare company’s discretion. phone plant acquisition adjustment,” sub­ divided as provided in the text of the SUBCHAPTER B— FOOD AND FOOD PRODUCTS Note: Amounts charged to this account account, may include the following: PART 31— NONALCOHOLIC shall be concurrently credited to the appro­ (a) Debit amounts with respect to one or priate reserve accounts. more transactions which in the opinion of BEVERAGES 62. In § 31.416, the headnote and para­ the carrier should be charged to account Soda Water, Identity Standard; Order 370, “Extraordinary income charges.” graph (a) are amended to read as (b ) Credit amounts with respect to trans­ Listing Fructose, Gluconic Acid, and follows: actions other than those reflected in the Gluconate Salts of Calcium, Mag­ § 31.416 Dividends declared. debit amounts mentioned in the preceding nesium, Potassium, or Sodium as subparagraph, or of a different character, (a) This account shall include divi­which have not been submitted to the Com­ Optional Ingredients dends declared on capital stock actually mission for its consideration. In the matter of amending the defini­ outstanding. Question: May all or any of such credit amounts be netted with all or any of such tion and standard of identity for soda * * * * * debit amounts and the resulting debit water (21 CFR 31.1) to permit the use 63. In § 31.524, Note A is amended to amount charged to account 370 or amortized, of fructose, gluconic acid, and gluconate read.as follows: without further direction or approval, as salts of calcium, magnesium, potassium, provided in § 31.100:4(c) (1)? or sodium as optional ingredients : § 31.524 Rent revenues. Answer: No. Only amounts referred to in No comments were received in re­ * * * * * subparagraph (a), aforementioned, may be sponse to a notice of proposed rulemaking treated as provided in § 31.100:4(c) (1 ). Note A: The expense of maintaining and Amounts of the character referred to in sub- in the above-identified matter that was operating the rented property, including de­ paragraph (b) of the “statement of facts” published in the F ederal R eg ister of preciation and insurance shall be included shall be submitted to the Commission as March 20, 1969 (34 F.R. 5436), and set in the appropriate operating expense ac­ required by § 31.100:4(c) (2). forth a proposal by Dawe’s Laboratories, counts. Taxes applicable to the rented prop­ c. Case 11 of Appendix A is redesignated Inc., 4800 South Richmond Street, erty shall be included by the owner of the as Case 11-R-l and question and answer (a) Chicago, 111, 60632.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9868 RULES AND REGULATIONS

On the basis of the information sub­ posed for the packaging requirements. mitted in the petition and other relevant Title 49— TRANSPORTATION Interested persons were afforded an op­ material, the Commissioner of Pood and portunity to participate in this rule Drugs concludes that it will promote Chapter I— Hazardous Materials Reg­ making. honesty and fair dealing in the interest ulations Board, Department of Two respondents submitted written of consumers to adopt the proposal. Transportation comments on the notice. One suggested a Therefore, pursuant to the provisions réévaluation of the adequacy of the of the Federal Food, Drug, and Cosmetic [Docket No. HM-16; Arndts. 172-3, 173-8] numerous types of packagings provided in § 173.245 on the premise that some Act (secs. 401, 701, 52 Stat. 1046, 1055, PART 172— COMMODITY LIST OF as amended 70 Stat. 919, 72 Stat. 948; of the packages may not be suitable for 21 U.S.C. 341, 371) and under authority EXPLOSIVES AND OTHER DAN­ these commodities in air transporta­ delegated to the Commissioner (21 CFR GEROUS ARTICLES CONTAINING tion. The additions to § 172.5 do not con­ 2.120) : It is ordered, That § 31.1(b) (1), THE SHIPPING NAME OR DE­ stitute initial authorization for move­ (4), and (5) be revised to read as follows : SCRIPTION OF ALL ARTICLES SUB­ ment by air since heretofore, these mate­ rials could be shipped as “ Corrosive § 31.1 Soda water; identity; label state­ JECT TO PARTS 171-179 OF THIS liquid, n.o.s.” . As such, shipments were ment of optional ingredients. CHAPTER authorized for air transportation as pro­ ***** vided for in 14 CFR §§ 103.7 and 103.9. PART 173— SHIPPERS (b) * * * The other commenter recommended that (1) Nutritive sweeteners consisting ofShipment of Benzene Phosphorus Di­ cargo tanks be lined as specified in the dry or liquid form of sugar, invert chloride and Benzene Phosphorus § 178.343. To clarify the corrosion pro­ sugar, dextrose, fructose, corn sirup, tection required for cargo tanks, refer­ glucose sirup sorbitol, or any combination Thiodichloride ence to the provision for such protection of two or more of these. The purpose of these amendments to in specification MC 312 has been in­ ***** the Hazardous Materials Regulations is cluded. Additionally, paragraph (a) (1) of § 173.250a has been modified by the (4) One or more of the acidifying to prescribe specific packaging for ship­ ping benzene phosphorous dichloride and Board to assure the use of packagings agents acetic acid, adipic acid, citric compatible with their contents. acid, fumarie acid, gluconic àcid, lactic benzene phosphorus thiodichloride. acid, malic acid, phosphoric acid, or On March 12, 1969, the Hazardous In consideration of the foregoing, 49 CFR Parts 172 and 173 are amended ef­ tartaric acid. Materials Regulations Board published (5) One or more of the buffering a notice of proposed rule making, Docket fective September 3, 1969 as follows. agents consisting of the acetate, bicar­ No. HM-16; Notice No. 69-4 (34 F.R. However, compliance with the regula­ bonate, carbonate, chloride, citrate, 5112) to authorize the shipment of cer­ tions as amended herein is authorized gluconate, lactate, orthophosphate, or tain corrosive liquids in tank motor ve­ immediately. sulfate salts of calcium, magnesium, hicles and tank cars where the regula­ I. Part 172 is amended as follows: potassium, of sodium. tions do not currently authorize the use (A) In § 172.5 paragraph (a) Com­ ***** of such transport vehicles. Additionally, modity List is amended as follows: shipments in smaller packages were also Any person who will be adversely provided for. Specific commodity de­ § 172.5 List o f explosives and other affected by the foregoing order may at scriptions were proposed for addition to dangerous articles. any time within 30 days from the date of § 172.5 and a new § 173.250a was pro- (a) * * * its publication in the F ederal R eg ister file with the Hearing Clerk, Department Exemptions Maximum quan- of Health, Education, and Welfare, Room Artiele Classed as— and packing Label required if tity in 1 outside (see sec.) not exempt container by rail 5440, 330 Independence Avenue SW., express Washington, D.C. 20201, written objec­ tions thereto. Objections shall show * * * * * * * * * * * * * wherein the person filing will be adversely Add affected by the order and specify with Benzene phosphorus dichloride ...... Cor. L ----- 173.244 White...... -...... 5 pints. 173.250a particularity the provisions of the order Benzene phosphorus thiodichloride...... Cor. L ------173.244 White____ »...... 5 pints. deemed objectionable and the grounds 173.250a for the objections. If a hearing is re­ * * * ♦ * * * * * quested, the objections must state the issues for the hearing, and such objec­ n. Part 173 is amended as follows: tection must be provided in accordance tions must be supported by grounds (A ) In Part 173 the Table of Contents with spec. MC 312. legally sufficient to justify the relief (3) Spec. 103AW (§§ 179.200 and sought. Objections may be accompanied is amended by adding § 173.250a to read by a memorandum or brief in support as follows: 179.201) tank cars. Tanks must be lined. This amendment is made under the thereof. All documents shall be filed in Sec. six copies. 173.250a Benzene phosphorus dichloride and authority of sections 831-835 of title 18, Effective date. This order shall become benzene phosphorus thiodi­ United States Code, and section 9 of the effective 60 days from the date of its chloride. Department of Transportation Act (49 publication in the F ederal R e g ist e r , ex­ (B) Section 173.250a is added to read U.S.a 1657). cept as to any provisions that may be as follows: stayed by the filing of proper objections. issued in Washington, D.C., on June 19, Notice of the filing of objections or lack § 173.250a Benzene phosphorus dichlo­ 1969. thereof will be announced by publica­ ride and benzene phosphorus thiodi­ W . J. S m it h , chloride. tion in the F ederal R e g ister . Admiral, U.S. Coast Guard, Commandant* (Secs. 401, 701, 52 Stat. 1046,1055, as amended (a) Benzene phosphorus dichloride 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) and benzene phosphorus thiodichloride R . N . W h it m a n , • Administrator, Dated: June 19, 1969. must be packaged as follows: Federal Railroad Administration. (1) In packagings prescribed in § 173.- J. K . K ir k , F. C. T u r n e r , Associate Commissioner 245 which are made of or lined with Administrator, for Compliance. materials compatible with the lading. Federal Highway Administration. [F.R. Doc. 69-7523; Filed, June 25, 1969; (2) Spec. MC 310, MC 311, or MC 312 [F.R. Doc. 69-7529; Filed, June 25, 1969; 8:47 a.m.] (§ 178.343) cargo tanks. Corrosion pro­ 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 RULES AND REGULATIONS 9869

[Docket No. HM-19; Amendment No. 173-10] Hazardous Materials Regulations to per­ partment of Transportation Act (49 mit the use of Specification 110A500W U.S.C. 1657), and title V I and section PART 173— SHIPPERS multiunit tank car tanks for shipments 902(h) of the Federal Aviation Act of Methyl Chloride in Specification of methyl chloride. 1958 (49 U.S.C. 1421-1430 and 1472(h) ). 110A500W Tank Car Tanks Interested persons were afforded an Issued in Washington, D.C., on June opportunity to participate in this rule 19, 1969. The purpose of this amendment to the making. No comments were received on W . J. S m it h , Hazardous Materials Regulations of the the substance of the proposal. Admiral, U.S. Coast Guard, Department of Transportation is to au­ Accordingly, 49 CFR Part 173 is Commandant. thorize rail and highway shipments amended as follows: of methyl chloride in Specification In § 173.314(c) the table is amended R. N. W h it m a n , 110A500W tanks. as follows: Administrator, On April 9, 1969, the Hazardous Ma­ Federal Railroad Administration. terials Regulations Board published a § 173.314 Requirements for compressed gases in tank cars. F. C. T u r n e r , notice of proposed rule making, Docket Administrator, * * * * * No. HM-19; Notice No. 69-7 (34 F.R. Federal Highway Administration. 6290) which proposed to amend the (c) * * * S a m S c h n e id e r , Board Member for the Maximum Required tank car, see Kind of gas permitted filling § 173.31(a) (2) and (3) Federal Aviation Administration. density, Note 1 [F.R. Doc. 69-7528; Filed, June 25, 1960; 8:47 a.m.] Percent * # * * * * ♦ * * Change [Docket No. HM-17; Arndt. 173-8] Methyl chloride...... ____ 84...... DOT-106A500N, 110A500W, Note 7. DOT-105A300W, Note 4. ' * * * 80.....* ...... * * PART 173— SHIPPERS * * * * * tainer strength, adequate head space, Shipment of Residual Motor Fuel This amendment is effective Septem­ and a heat test of 130° F. of each com­ Antiknock Compound ber 3, 1969. However, compliance with plete container filled for shipment, would The purpose of this amendment to the the regulations as amended herein is be retained. Interested persons were af­ Hazardous Materials Regulations is to authorized immediately. forded an opportunity to participate in authorize the shipment of residual motor This amendment is made under the this rule making. fuel antiknock compound in steel authority of sections 831-835 of title 18, A number of comments were received storage tanks conforming to ASME United States Code, and section 9 of the in response to this notice. The large specifications. Department of Transportation Act (49 majority of comments concurred with the On March 12,1969, the Hazardous Ma­ U.S.C. 1657). proposal. One commenter objected to re­ terials Regulations Board published a Issued in Washington, D.C., on moval of the 20° F. limitation for aerosol notice of proposed rule making, Docket June 20, 1969. products shipped by air or water in the No. HM-17; notice No. 69-5 (34 F.R. W. J. S m it h , belief that, should leakage occur in a con­ 5113) which proposed to amend the Admiral, U.S. Coast Guard, fined cargo space, a flash fire could result Hazardous Materials Regulations to Commandant. from a spark or other source of heat. An­ permit the shipment of non-DOT spec­ other commenter expressed the opinion R. N. W h it m a n , ification storage tanks built to ASME Administrator, that the flashpoint limitation should be specifications containing only solid or retained, asserting that materials used Federal Railroad Administration. semisolid residual motor fuel antiknock to pressurize these containers could ex­ compound. Interested persons were af­ F: C. T u r n e r , plode and splash burning materials over Administrator, forded an opportunity to participate in a wide range, thus propagating fire over this rule making. Federal Highway Administration. a wider range. It.is true that there is Two comments were received and each [F.R. Doc. 69-7527; Filed, June 25, 1969; some possibility that these incidents suggested some modification of § 173.354 8:47 a.m.] could occur but the same is true for ma­ (c) as proposed. One respondent sug­ terials having flashpoints higher than gested that the provision would be more [Docket No. HM-15; Arndt. 173-7] 20° F. when they are expelled under explicit if the subject tanks were required pressure. PART 173— SHIPPERS to be designed, constructed, inspected No adverse experience has been re­ and stamped to ASME specifications. Aerosol Flash Point Restriction ported to the Department concerning the The other respondent suggested para­ transportation of several million cans The purpose of this amendment to the graph (c) be modified to eliminate the shipped under special permits issued by requirement that the tanks be “built to Hazardous Materials Regulations (49 the Department wherein the flashpoint CFR 170-189) is to delete § 173.306(a) ASME specifications” on the premise that restriction had been removed. Further, there are certain vessels adequate for (3) (iv) and thereby remove the flash the integrity of each can will be ade­ Point restriction applicable to aerosol this service that do not come under the quately preserved by compliance with jurisdiction of the ASME Code. It was products packaged in compliance with the requirements retained in § 173.306 the “exempt shipment” provisions other­ further suggested that the word “only” (a) (3 ). In view of the previous experience Should be deleted from paragraph (c) wise specified. under special permits and of the require­ On March 12, 1969, the Hazardous so as not to preclude residual material ments retained, and considering the con­ containing iron rust and other contami­ Materials Regulations Board published a ditions normally incident to transporta­ notice of proposed rule making, Docket nants in minute quantities. tion, deletion of § 173.306(a) (3) (iv) is In view of the comments made and in No. HM-15; Notice No. 69-3 (34 F.R. considered reasonable and justified. 5112) to eliminate § 173.306(a) (3) (iv ). the belief that the type of tanks au­ In consideration of the foregoing, 49 thorized should be the type of steel tanks The deletion of the subparagraph would CFR Fart 173 is amended, effective Sep­ have the effect of allowing the “exempt previously permitted under special per­ tember 3, 1969, by canceling § 173.306(a) mit conditions, the Board has determined shipment” of aerosol products which are (3) (iv ). However, compliance with the flammable by § 173.300(b) criteria with­ that only steel tanks conforming to regulations as amended herein is author­ ASME specifications, and so marked, be out regard to flash point. However, all ized immediately. the other restrictions specified such as authorized at this time. Furthermore, use of metal containers only, 50 cubic This amendment is made under the the Board concurs in the suggestion that inches capacity limitation, pressure limi­ authority of sections 831-835 of title 18, paragraph (c) be reworded to recognize tation of contents in relation to con- United States Code, section 9 of the De­ that the residual poisonous material may

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9870 RULES AND REGULATIONS contain minute quantities of foreign Order No. 1025 (34 P H . 7451), and good (1), 204(a)(6), 206, 207, 209, and 212(a) contaminants. cause appearing therefor; of the Interstate Commerce Act (49 In consideration of the foregoing, 49 I t is ordered, That : U.S.C. 304(a)(1), 304(a)(6), 306, 307, CFR Part 173 is amended, effective Sep­ Section 1033.1025 Service Order No. 309, and 312(a)), for the purpose of in­ tember 3, 1969, by adding paragraph (c) 1025. (Regulations for return of covered quiring into the applicability of the Com­ ip § 173.354 to read as set forth below. hopper cars) be, and it is hereby mission’s regulations pertaining to com­ However, compliance with the regula­ amended by substituting the following mercial zones and terminal areas (49 tions as amended herein is authorized paragarph (f ) for paragraph (f ) thereof : CPR Part 1048) to municipalities immediately. (f) Expiration date. This order shall situated along the Rio Grande River be­ expire at 11:59 p.m., November 15, 1969, tween the United States and Mexico, and § 173.354 Motor fuel antiknock com­ unless otherwise modified, changed, or the desirability of modifying such regu­ pound or tetraethyl lead. suspended by order of this Commission. lations, as more fully set forth in the * * * * * Effective date. This amendment shall appended report ; (c) Steel tanks conforming to ASMEbecome effective at 11:59 p.m., June 30, It further appearing, that the said specifications (including marking) 1969. notice of proposed rulemaking invited which contain solid or semisolid residual (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, the representations of all interested motor fuel antiknock compound (includ­ 384, as amended; 49 US.C. 1, 12, 15, and parties setting forth their views with ing rust, scale, or other contaminants) 17(2). Interprets or applies sec. 1(10-17), respect to the proposed inquiry ; and that may be shipped by rail freight or high­ 15(4), and 17(2), 40’ Stat. 101, as amended notice to all interested parties was given way. All openings must be closed with 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and through publication of said notice in gasketed blank flanges or vapor tight 17(2)) the F ederal R egister of February 16, threaded closures. Each tank must be It is further ordered, That copies of 1968 (33 F.R. 3082) ; secured and braced to prevent movement this amendment shall be served upon the And it further appearing, that various under conditions normally incident to Association of American Railroads, Car parties submitted their views and sug­ transportation. Service Division, as agent of the rail­ gestions as to the proposed inquiry and roads subscribing to the car service and desirability of modification of existing This amendment is made under the per diem agreement under the terms of regulations and, on the date hereof, has authority of sections 831-835 of title 18, that agreement; and that notice of this made and filed its report setting forth its United States Code, and section 9 of the order shall be given to the general public conclusions and findings and its reasons Department of Transportation Act (49 by depositing a copy in the Office of the therefor, which report is hereby referred U.S.C. 1657). Secretary of the Commission at Wash­ to and made a part hereof : Issued in Washington, D.C., on June 19, ington, D.C., and by filing it with the It is ordered, That § 1048.101 of 1969. Director, Office of the Federal Register. Chapter X of Title 49 of the Code of R . N . W h it m a n , By the Commission, Railroad Service Federal Regulations be, and it is hereby, Administrator, Board. amended by deleting therefrom the words Federal Railroad Administration. “within the United States” appearing in [ s e a l ] H . N e il G a r s o n , P . C. T u r n e r , paragraphs (b) and (c), and the words Secretary. Administrator, “United States” appearing in paragraph Federal Highway Administration. [F.R. Doc. 69-7547; Filed, June 25, 1969; (d) thereof. 8:49 a.m.] [FJt. Doc. 69-7530; Filed, June 25, 1969; (40 Stat. 43, as amended, 544, as amended, 8:48 a.m.] 546, as amended; 49 U.S.C. 302, 303, 304) [Ex Parte No. MC-37 (Sub-No. 13) ] It is further ordered, That this order PART 1048— COMMERCIAL ZONES shall become effective on July 12, 1969, Chapter X— Interstate Commerce and shall continue in effect until further Commission COMMERCIAL ZONES AND order of the Commission. SUBCHAPTER A— GENERAL RULES AND TERMINAL AREAS And it is further ordered, That notice REGULATIONS of this order shall be given to the gen­ [S.O. 1025; Amdt. 1] Rio Grande Border Municipalities eral public by depositing a copy thereof At a general session of the Interstate in the office of the Secretary of the Com­ PART 1033— CAR SERVICE Commerce Commission, held at its office mission at Washington, D.C., and by Regulations for Return of Covered in Washington, D;C., on the 7th day of filing a copy thereof with the Director, Hopper Cars May 1969. Office of the Federal Register. It appearing, that the Commission, on By the Commission. At a -session of the Interstate Com­ January 29, 1968, issued a notice of pro­ merce Commission, Railroad Service posed rulemaking in this proceeding, [ s e a l ] H . N e il G a r so n , Board, held in Washington, D.C., on the under authority of sections 4 and 12 of Secretary. 18th day of June 1969. the Administrative Procedure Act (5 [F.R. Doc. 69-7548; Filed, June 25, 1969; Upon further consideration of Service U.S.C. 553 and 559) and sections 204(a) 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9871 Proposed Rule Making

regulation hereinafter set forth, which weight range for the count designation DEPARTMENT OF JUSTICE was recommended by the Idaho-Eastern listed below: Oregon Potato Committee, established Bureau of Narcotics and Dangerous Count designation Weight range pursuant to Marketing Agreement No. 98 Larger than 50 count_ 15 ounces or larger. Drugs and Order No. 945, both as amended (7 50 count______12-19 ounces. E 21 CFR Part 320 1 CFR Part 945). This marketing order 60 count______10-16 ounces. program regulates the handling of Irish 70 count______9-15 ounces. DEPRESSANT AND STIMULANT potatoes grown in certain designated 80 count______8-13 ounces. DRUGS counties in Idaho and Malheur County, 90 count______7-12 ounces. Oreg., and is effective under the Agri­ 100 count______6-10 ounces. Petition Seeking an Exemption for Use 110 count______5-9 ounces. cultural Marketing Agreement Act of 120 count______4-8 ounces. of Peyote for Religious Purposes 1937, as amended (7 U.S.C. 601 et seq.). 130 count______4-8 ounces. 4-8 ounces. Pursuant to the provisions of the Fed­ The recommendations by the Idaho- 140 count______Eastern Oregon Potato Committee re­ Smaller than eral Food, Drug, and Cosmetic Act (secs. 140 count______4-8 ounces. 201 (v), 511, 701, 52 Stat. 1055, as flect its appraisal of the crop and pros­ amended, 79 Stat. 227"et seq.; 21 U.S.C. pective market conditions. Shipments of The following tolerances, by weight, are 321 (v ), 360a, 371) and under the author­ potatoes from the production area are provided for potatoes in any lot which ity vested in the Attorney General by expected to begin on or about July 7, fail to meet the weight range for the Reorganization Plan No. 1 of 1968 (33 1969. The proposed regulation provided designated count: F.R. 5611), and redelegated to the Di-_ herein is necessary to prevent immature (a) 5 percent for undersize; and, rector, Bureau of Narcotics and Danger­ potatoes and potatoes of lower grades (b) 10 percent for oversize. ous Drugs (28 CFR 0.200), notice is and undesirable sizes from being distrib- . (3) Cleanliness.— (i) Kennebec vari­ hereby given that on May 15, 1969, the uted in the channels of commerce to im­ ety. Not more than “slightly dirty.” Director of the Bureau of Narcotics and prove the returns to producers for pre­ (ii) All other varieties—“ Generally Dangerous Drugs received a petition ferred grades and sizes. The specific re­ fairly clean.” from the Church of the Awakening, a quirements, hereinafter set forth, regu­ (b) Minimum maturity require­ New Mexico corporation, and John W. late the handling of potatoes by grade, ments.— (1) White Rose variety. During Aiken, Socorro, N. Mex., President of the size, cleanliness, and maturity so as to the period July 7, 1969, through Decem­ Church, and 13 members of the Church, (1) promote orderly marketing, (2) ber 31, 1969, “ moderately skinned” and as copetitioners, to amend § 320.3(c) (3) standardize the quality of the potatoes thereafter they may be handled without of Title 21 of the Code of Federal Regu­ shipped from the production area and regard to the maturity requirements. lations to include said Church in the (3) maximize returns to the producers “Moderately skinned” means that not exemption for the nondrug use of peyote pursuant to the declared policy of the more than 10 percent of the potatoes in any lot may have more than one- in bona fide religious ceremonies. Act. All interested persons are invited to All persons who desire to submit writ­ half of the skin missing or “ feathered.” (2) All other varieties. “Slightly submit their views in writing regarding ten data, views, or arguments in connec­ tion with this proposal should file the skinned” which means that not more this proposal. Views and comments than 10 percent of the potatoes in any should be submitted, in quintuplicate, to the same in quadruplicate with the Hear­ ing Clerk, Room 112, U.S. Department of lot may have more than one-fourth of the Office of the Chief Counsel, Bureau the skin missing or “ feathered.” of Narcotics and Dangerous Drugs, De­ Agriculture, Washington, D.C. 20250, not later than 5 days after publication of (3) Exceptions, (i) Subject to compli­ partment of Justice, 1405 I Street NW., ance with subdivision (iii) of this sub- Washington, D.C. 20537, within 30 days this notice in the F ederal R e g ist e r . All written submissions made pursuant to paragraph, any lot of potatoes not ex­ following the date of publication of this ceeding a total of 50 hundredweight of notice in the F ederal R eg ister and may this notice will be made available for public inspection at the office of the each variety may be handled for any be accompanied by a memorandum or producer without regard to the foregoing brief in support thereof. Hearing Clerk during regular business hours (7 CFR 1.27(b)). maturity requirements. Dated: June 18,1969. (ii) I f an officially inspected lot of § 945.328 Limitation of shipments. potatoes meets the foregoing maturity J o h n E. I n g e r s o ll , Director, Bureau of During the period July 7,1969, through requirements, but fails to meet the grade Narcotics and Dangerous Drugs. June 30,1970, no person shall handle any and size requirements, the lot may be re­ lot of potatoes unless such potatoes meet graded. If, after regrading, such lot then [F.R. Doc. 69-7506; Filed, June 25, 1969; the requirements of paragraphs (a) and meets the grade and size requirements 8:46 a.m.] (b) of this section, or unless such pota­ but fails to meet the maturity require­ toes are handled in accordance with ments, as indicated by the applicable paragraphs (c), (d), and (e) of this Federal-State inspection certificate, such section. lot if not exceeding 100 hundredweight DEPARTMENT OF AGRICULTURE (a) Minimum quality requirements.— shall be exempt from the foregoing ma­ Consumer and Marketing Service (1) Grade. All varieties. U.S. No. 2, or turity requirements: Provided, That the better grade. handler complies with subdivision (iii) E 7 CFR Part 945 1 of this subparagraph. (2) Size.— (i) Round red varieties. IRISH POTATOES GROWN IN CER­ 1% inches minimum diameter. (iii) Prior to each shipment of pota­ TAIN DESIGNATED COUNTIES IN toes exempt from the foregoing maturity (ii) All other varieties— 2 inches mini­ requirements, the handler thereof shall IDAHO AND MALHEUR COUNTY, mum diameter, or 4 ounces minimum report to the committee the name and ad­ OREG. weight. dress of the producer of such potatoes, (iii) All varieties— Size B if U.S. No. 1, Proposed Limitation of Shipments and each such shipment shall be han­ or better grade. dled as an identifiable entity. Regulation (iv) When containers of long varieties (c) Special purpose shipments. (1) Consideration is being given to the is­ of potatoes are marked with a count or The minimum grade, size, cleanliness, suance of the limitation of shipments similar designation they must meet the and maturity requirements set forth in

.FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 »872 PROPOSED RULE MAKING paragraphs (a) and (b) of this section tubers prepared commercially in a pre­ meet the different requirements for such shall not be applicable to shipments of peeling plant by washing, removal of the outlets. potatoes for any of the following outer skin or peel, trimming, and sort­ All persons who desire to submit writ­ purposes: ing preparatory to sale in one or more of ten data, views, or arguments in connec­ (1) Certified seed; the styles of peeled potatoes described in tion with this proposal may file the same, (ii) Charity; § 52.2422 (U.S. Standards for Grades of in quadruplicate, with the Hearing Clerk, (iii) Starch; Peeled Potatoes §§ 52.2421-52.2433 of Room 112-A, U.S. Department of Agri­ (iv) Canning or freezing; this title). The terms “Idaho Utility culture, Washington, D.C. 20250, not (v) Dehydration; grade” and “Oregon Utility grade” shall later than 5 days after the publication (vi) Experimentation; and have the same meanings as when used of this notice in the F ederal R egister. (vii) Seed pieces cut from stock eligi­ in the respective standards for potatoes All written submissions made pursuant to ble for certification as certified seed. for the respective States. Other terms this notice will be made available for (2) The minimum grade, size, clean­ used in this section shall have the same public inspection at the office of the liness, and maturity requirements set meaning as when used in Marketing Hearing Clerk during regular business forth in paragraphs (a) and (b) of this Agreement No. 98 and Order No. 945, hours (7 CFR 1.27(b)). The proposed section shall be applicable to shipments both as amended. regulation follows: of potatoes for each of the following (g) Applicability to imports. Pursuant § 948.360 Limitation o f shipments. purposes: to § 608e-l of the act and § 980.1 “Im ­ (i) Export: Provided, That potatoes port regulations” (7 CFR 980.1), Irish During the period July 7,1969, through of a size not smaller than 1 y2 inches in potatoes of the long varieties imported June 30,197Q, no person shall handle any diameter may be shipped if the potatoes during the effective period of this section lot of potatoes grown in Area No. 3 un­ grade not less than U.S. No. 2; and shall meet the grade, size, quality and less such potatoes meet the requirements (ii) Potato chipping or prepeeling: maturity requirements specified in para­ of paragraphs (a), (b), and (c) of this Provided, That potatoes of a size not graphs (a) and (b) of this section. section, or unless such potatoes are han­ smaller than 1 y2 inches in diameter may dled in accordance with paragraphs (d) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. through (h) of this section. be shipped if the potatoes grade not less 601-674) than Idaho Utility or Oregon Utility (a) Grade and size requirements.— grade. Dated: June 23, 1969. (1) Round varieties. U.S. No. 1, or better (d) Each handler making grade, 2 inches minimum diameter; or Safeguards. P a u l A. N ic h o l s o n , shipments of potatoes for starch, can­ Deputy Director, Fruit and U.S. No. 2, or better grade up to but not including U.S. No. 1 grade and not less ning of freezing, dehydration, experi­ Vegetable Division, Consumer than 1% inches minimum diameter. mentation, seed pieces cut from stock and Marketing Service. eligible for certification, export, potato (2) Long varieties. U.S. No. 1, or bet­ chipping, or for prepeeling pursuant to [F.R. Doc. 69-7562; Filed, June 25, 1969; ter grade, 2 inches minimum diameter paragraph (c) of this section shall: . 8:50 a.m.] or 4 ounces minimum weight; or U.S. (1) First, apply to the committee for No. 2, or better grade up to but not in­ and obtain a Certificate of Privilege to [7 CFR Part 948 1 cluding U.S. No. 1 grade and not less make each shipment; than 1% inches minimum diameter or 4 (2) Upon request by the committee, IRISH POTATOES GROWN IN ounces minimum weight. furnish reports of each shipment pur­ COLORADO, AREA 3 (3) All varieties. Size B, if U.S. No. 1, suant to the applicable Certificate of or better grade. Privilege; Proposed Limitation of Shipments (b) Maturity (skinning) require­ ments.—All varieties. For U.S. No. 2 (3) At the time of applying to the Consideration is being given to the is­ committee for a Certificate of Privilege, grade, not more than “moderately suance of the limitation of shipments skinned,” and for all other grades, not or promptly thereafter, furnish the com­ regulation, hereinafter set forth, which mittee with a receiver’s or buyer’s cer­ more than “ slightly skinned.” was recommended by the Area Commit­ (c) Container requirements. Potatoes tification that the potatoes so handled tee for Area No. 3, Colorado, established are to be used only for the purpose stated- may be handled only in containers clas­ pursuant to Marketing Agreement No. sified by weight as follows: in the application and that such receiver 97 and Order No. 948, both as amended will complete and return to the com­ (1) 5 pounds; (7 CFR Part 948). This marketing order (2) 10 pounds; mittee such periodic receiver’s reports program regulates the handling of Irish that the committee may require; (3) 20 pounds; potatoes grown in the State of Colorado (4) 25 pounds; (4) Mail to the office of the committee and is effective under the Agricultural (5) 50 pounds; or a copy of the bill of lading for each Cer­ Marketing Agreement Act of 1937, as (6) 100 pounds and larger. tificate of Privilege shipment promptly amended (7 U.S.C. 601 et seq.). (d) Special purpose shipments— (1) after the date of shipment; The recommendations of the commit­ Chipping stock. Potatoes may be han­ (5) Bill each shipment directly to the tee reflect its appraisal of the composi-' dled for chipping if they meet the re­ applicable processor or receiver. tion of the 1969 crop in Area No. 3 and quirements of U.S. No. 2, or better grade, (e) Minimum quantity exception. of the marketing prospects for this sea­ 1 Vz inches minimum diameter, if such Each handler may ship up to, but not son. Harvesting is expected to begin on potatoes are handled in accordance with to exceed, 5 hundredweight of potatoes or about July 7 so the regulation should paragraph (e) of this section. any day without regard to the inspection become effective on that date. (2) The quality, maturity and con­ and assessment requirements of this The grade, size, quality and pack re­ tainer requirements of paragraphs (a), part, but this exception shall not apply quirements provided herein are neces­ (b ), and (c) of this section and the in­ to any shipment that exceeds 5 hundred­ sary to prevent immature potatoes, or spection and assessment,requirements of weight of potatoes. those that are of undesirable sizes, or this part shall not be applicable to ship­ (f) Definitions. The terms “ U.S. No. below grade, or in deceptive packs from ments of potatoes for: 1,” “ U.S. No. 2,” “ Size B,” “fairly clean,” being distributed in fresh market chan­ (i) Livestock feed; or and “ slightly dirty” shall have the same nels. They will also provide consumers (ii) Charity. meaning as when used in the U.S. Stand­ with good quality potatoes consistent (3) The maturity requirements set ards for Potatoes (§§ 51.1540-51.1556 of with the overall quality of the crop, and forth in paragraph (b) of this section shall not be applicable to shipments of this title), including the tolerances set maximize returns to producers for the forth therein. The term “generally fairly potatoes for: clean” means that at least 90 percent of preferred quality and sizes. (i) Chipping; or the potatoes in a given lot are “fairly The proposed regulations with respect (ii) Prepeeling. clean.” The term “prepeeling” means to special purpose shipments for other (4) The quality, maturity and con­ potatoes which are clean, sound, fresh than fresh market use are designed to tainer requirements of paragraphs (a).

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 PROPOSED RULE MAKING 9673

(b ), and (c) of this section shall not be 3. Many single strength fruit juice applicable to shipments of seed potatoes DEPARTMENT OF COMMERCE beverages, particularly pasteurized (§ 948.6) but such shipments shall be orange juice and orange juice from con­ subject to assessments. Office of Foreign Direct Investments centrate, and some less than single (e) Safeguards. Each handler making [ 15 CFR Port 1000 1 strength fruit juice beverages are dis­ shipments of potatoes for chipping or played and marketed in retail stores side prepeeling pursuant to paragraph (d) of FOREIGN DIRECT INVESTMENT by side with fluid milk and milk prod­ this section shall, REGULATIONS ucts. Orange juice and milk are custom­ (1) Prior to shipment, apply for and arily sold, frequently in identical con­ obtain a Certificate of Privilege from the Exploration and Development tainers, by neighborhood milk drivers. committee, Expenditures Such products should be treated alike (2) Furnish the committee such re­ under the Fair Packaging and Labeling ports and documents as requested, in­ On the basis of comments received and Act. cluding certification by the buyer or re­ further analysis of past and projected 4. Granting the requested exemption ceiver on the use of such potatoes, and exploration and development expendi­ would have the fringe benefit of discour­ (3) Bill each shipment directly to the tures in the extractive industries, the aging proliferation of package sizes. Office of Foreign Direct Investments applicable processor or receiver. The petitioners also request that the (f) Shipment by motor vehicle. No hereby withdraws proposed Subpart L— “ Exploration and Development Expendi­ subject products be exempt from the handler may transport or cause the requirement that the quantity of con­ tures”—which proposal was published in transportation by motor vehicle of any tents declaration be in a type size based the F ederal R egister on May 9, 1969 (34 shipment of potatoes for which an in­ upon the area of the principal display spection certificate is required unless F.R. 7536-7544). This withdrawal is effective upon the panel of the package; however, this re­ each shipment is accompanied by, and quest is not included in this proposal filing of this notice with the F ederal made available for examination at any since reasonable grounds therefor were R egister. time upon request, a copy of the inspec­ not given. tion certificate applicable thereto or such R ichard P. U rfer, Director, Office of Accordingly, pursuant to the provi­ other document as the committee may sions of the Fair Packaging and Label­ Foreign Direct Investments. specify. ing Act (secs. 5(b), 6(a), 80 Stat. 1298, (g) Minimum quantity. For purposes June 24, 1969. 1299; 15 U.S.C. 1453, 1455) and the Fed­ of regulation under this part, each per­ [F.R. Doc. 69-7594; Filed, June 25, 1969; eral Food, Drug, and Cosmetic Act (sec. son may handle up to but not exceed 8:51 a.m.] 701, 52 Stat. 1055, as amended; 21 U.S.C. 1,000 pounds of potatoes without regard 371), and under authority delegated to to the requirements of paragraphs (a) the Commissioner of Food and Drugs (21 and (b) of this section, but this excep­ CFR 2.120), it is proposed that § l.lc (a ) tion shall not apply to any shipment of DEPARTMENT OF HEALTH, EDU­ be amended by adding thereto a new sub- over 1,000 pounds of potatoes. paragraph, as follows: (h) Definitions. The terms “ U.S. No. CATION, AND WELFARE § 1.1c Exemptions from required label 1,” “U.S. No. 2,” “ Size B,” “ moderately Food and Drug Administration statements. skinned” and “ slightly skinned,” shall * * * * * have the same meaning as when used [ 21 CFR Part 1 ] in the U.S. Standards for Potatoes (a) Foods. * * * (§§ 51.1540-51.1556 of this title), in­ CERTAIN FRUIT JUICE BEVERAGES ( ) (i) Single strength and less than cluding the tolerances set forth therein. single strength fruit juice beverages .The term “prepeeling” means potatoes Enforcement Regulations for Fair when packaged in containers of Vk-pint, which are clean, sound, fresh tubers Packaging and Labeling Act 1-pint, 1-quart, % -gallon, and 1-gallon prepared commercially in a prepeeling capacities are exempt from the place­ Notice is given that the National Juice ment of § 1.8b (f) that the declaration of plant by washing, removal of the outer Products Association, 512 Florida Avenue, skin or peel, trimming, and sorting net contents be located within the bot­ Tampa, Fla. 33601, and the Florida Can- tom 30 percent of the principal display preparatory to sale in one or more of the ners Association, Post Office Box 780, styles of peeled potatoes described in panel, provided that other required label Winter Haven, Fla. 33880, have jointly information is conspicuously displayed § 52.2422 (U.S. Standards for Grades of submitted a petition requesting that the Peeled Potatoes, §§ 52.2421-52.2433 of on the cap or outside closure and the re­ regulations for the enforcement of the quired net quantity of contents declara­ this title). Other terms used in this sec­ Fair Packaging and Labeling Act (21 CFR tion shall have the same meaning as tion is conspicuously blown, formed, or Part 1) be amended to exempt single molded into or permanently applied to when used in Marketing Agreement No. strength and less than single strength 97, as amended and this part. that part Of the glass or plastic container fruit juice beverages from certain re­ that is at or above the shoulder of the (i) Applicability to imports. Pursuant quirements of § 1.8b as proposed below. to § 608e-l of the act and § 980.1, “ Im ­ container. Grounds given in support of the re­ (ii) Single strength and less than sin­ port regulations” <7 CFR 980.1), round quested exemption are: gle strength fruit juice beverages when white varieties of Irish potatoes, except 1. Single strength and less than single packaged in containers of 1-pint, 1-quart, certified seed potatoes, imported into the strength beverages are packaged in and l/z-gallon capacities are exempt United States during the period August 1, paper; plastic, and glass containers, cus­ from the dual net-contents declaration 1969, through June 4, 1970, shall meet tomarily in 8-, 16-, 32-, and 64-fluid- requirement of § 1.8b(j). the grade, size, quality, and maturity re­ ounce and 1-gallon sizes—containers of quirements specified in paragraphs (a) sizes readily recognizable by consumers. (iii) Single strength and less than and (b) of this section. Dual declaration (not applicable on 64- single strength fruit juice beverages, (Secs. 1- 19 , 48 Stat. 31, as amended; 7 U.S.C. fl. oz.) and lower 30 percent placement when packaged in containers of 8- and 601-674) of the quantity of contents declaration 64-fluid-ounce capacity, are exempt from the requirements of § 1.8(b) (2) to the Dated: June 23, 1969. is therefore unnecessary. 2. By permitting continuation of the extent that net contents of 8 fluid ounces Paul A. N icholson, practice of splitting labeling between the and 64 fluid ounces (or 2 quarts) may be Deputy Director, Fruit and Veg­ lid and the container itself, the same lid expressed as % pint (or half pint) and etable Division, Consumer and may be used for more than one size Vz gallon (or half gallon), respectively. Marketing Service. container, thus reducing costs and * * * * * [F.R. D oc. 69-7563; Filed, June 25, 1969; eliminating the possibility of production Any interested person may, within 30 8:50 a.m.] mixups. days from the date of publication of this

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122---- 5 9874 PROPOSED RULE MAKING notice in the F ederal R egister, file with § 1.8b Food labeling; declaration of net in the same manner prescribed in the Hearing Clerk, Department of quantity o f contents; when exempt. § 19.500 for cheddar cheese and com­ Health, Education, and Welfare, Room ***** plies with all the provisions of § 19.500, 5440, 330 Independence Avenue SW „ ( ) On a multiunit package (that is, including the requirements for label Washington, D.C. 20201, written com­ a package containing more than one indi­ statement of optional ingredients, except ments (preferably in quintuplicate) re­ vidually packaged unit of the same com­ that: garding this proposal. Comments may be modity) , the quantity of contents decla­ (a) Salt as prescribed by § 19.500(b) accompanied by a memorandum or brief ration shall appear on the outside of the is not used, but is replaced by one of the in support thereof. package and shall include the number following salt substitutes: Dated: June 19, 1969. of individual units, the quantity of each (1) Potassium chloride. individual unit, and the total quantity of (2) Monoammonium glutamate. J. K. K irk, the contents of the multiunit package, (3) Glutamic acid. Associate Commissioner provided that any such required decla­ (4) A combination of potassium chlor­ for Compliance. ration of total quantity shall not be re­ ide, glutamic acid, ammonium chloride, ]F.R. Doc. 69-7500; Filed, June 25, 1969; quired to include the parenthetical potassium glutamate, and tricalcium 8:45 a.m.] quantity statement of a dual quantity phosphate, provided that potassium representation. chloride shall constitute approximately 75 percent of the combination. [ 21 CFR Par» 1 1 Any interested person may, within 30 days from the date of publication of this (5) A combination of potassium chlor­ ide, choline chloride, ammonium chlor­ QUANTITY OF CONTENTS DECLA­ notice in the F ederal R eg iste r , file with the Hearing Clerk, Department of ide, and tricalcium phosphate. RATIONS ON MULTIUNIT CON­ (b) It contains not more than 41 per­ TAINERS Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., cent of moisture. Enforcement Regulations for Fair Washington, D.C. 20201, written com­ (c) It contains not more than 96 milli­ grams of sodium per pound of finished Packaging and Labeling Act ments (preferably in quintuplicate) re­ garding this proposal. Comments may be food. Notice is given that the National Con­ accompanied by a memorandum or brief (d) The name of the food is “low ference on Weights and Measures, Wash­ in support thereof. sodium cheddar cheese.’’ The letters in ington, D.C. 20234, has submitted a peti­ the words “low sodium” shall be of the tion proposing that the regulations for Dated: June 19, 1969. same size and style of type as the letters the enforcement of the Fair Packaging J. K. K irk, in the words “ cheddar cheese,” wherever and Labeling Act (21 CFR Part 1) be *Associate Commissioner such words appear on the label. amended to require a declaration of for Compliance. (e) The label shall bear the statement quantity of contents on multiunit con­ “ ______i_____added as a salt substi­ [F.R. Doc. 69-7524; Filed, June 25, 1969;] tainers in terms of the number of indi­ tute,” the blank being filled in with the 8:47 a.m.] vidual units, the quantity of each indi­ common name or names of the ingredient vidual unit, and the total quantity of the or ingredients used as a salt substitute. contents of the multiunit package. [ 21 CFR Part 19 1 ( f ) Low sodium cheddar cheese is sub­ Grounds given in support of the pro­ ject to the regulations for foods for spe­ posal are that: CHEESE AND CHEESE PRODUCTS cial dietary uses promulgated under the 1. The present Federal practice of per­ provisions of section 403(j) of the Fed­ Low Sodium Cheddar Cheese and eral Food, Drug, and Cosmetic Act. mitting the labeling of multiunit pack­ Low Sodium Colby Cheese; Iden­ ages in terms of the number of units and § 19.___Low sodium colby cheese; iden­ the quantity of each unit may present tity Standards tity; label statement of optional an unfair competitive advantage to those Notice is given that a petition has been ingredients. manufacturers putting up multiunit filed by the Chicago Dietetic Supply, Inc., Low sodium colby cheese is the food packages. Such multiunit packages com­ 405 East Shawmut Avenue, La Grange, prepared from the same ingredients and pete directly with packages on which the HI. 60525, proposing the establishment in the same manner prescribed in § 19.510 total quantity is required to be declared. of standards of identity for low sodium for colby cheese and complies with all 2. The labeling of multiunit packages Cheddar cheese and low sodium colby the provisions of § 19.510, including the in accordance with existing Food and cheese. The petitioner proposes that in requirements for label statement of op­ Drug Administration regulations forces place of salt certain salt substitutes shall tional ingredients, except that: a consumer to make additional calcula­ be used. A moisture level not to exceed (a) Salt as prescribed by § 19.510(b) tions to determine the best value among 41 percent by weight of the foods is also is not used, but is replaced by one of the competing products; therefore, it im­ proposed, rather than the maximum following salt substitutes: pedes rather than enhances a con­ moisture levels specified by the Cheddar (1) Potassium chloride. sumer’s ability to make such value and colby cheese standards (21 CFR (2) Monoammonium glutamate. comparisons. 19.500 and 19.510) of 39 and 40 percent (3) Glutamic acid. 3. The current practice in the market­ respectively. (4) A combination of potassium chlo­ place is nonuniform. Some multiunit Grounds given in support of the pro­ ride, glutamic acid, ammonium chloride, packages are labeled in terms of the in­ posed standards are (1) that low sodium potassium glutamate, and tricalcium dividual number of units—the quantity cheddar and colby cheeses would be use­ phosphate, provided that potassium of each unit plus the total quantity of ful in the diet of those who for medical -chloride shall constitute approximately the package. Other multiunit packages reasons must restrict their intake of 75 percent of the combination. are labeled simply with the number of sodium and (2) that with the omission (5) A combination of potassium chlo­ individual units and the quantity of each of salt it is necessary to increase the ride, choline chloride, ammonium chlo­ unit. moisture content of the cheese slightly in ride, and tricalcium phosphate. Accordingly, pursuant to the provi­ order to maintain the same consistency (b) It contains not more than 41 per­ sions of the Fair Packaging and Label­ and texture. cent of moisture. ing Act (secs. 5(b), 6(a), 80 Stat. 1298, 1. Accordingly, it is proposed by the (c) It contains not more than 96 mil­ 1299; 15 U.S.C. 1453, 1455) and the Fed­ petitioner that two new sections be added ligrams of sodium per pound of fin ish ed eral Food, Drug, and Cosmetic Act (sec. to Part 19 as follows: food. 701, 52 Stat. 1055, as amended; 21 U.S.C. (d) The name of the food is “low 371), and under authority delegated to § 19.___ Low sodium cheddar cheese; sodium colby cheese.” The letters in the the Commissioner of Food and Drugs identity; label statement o f optional words “low sodium” shall be of the sam e (21 CFR 2.120), it is proposed that § 1.8b ingredients. size and style of type as the letters m be amended by adding thereto a new Low sodium cheddar cheese is the food the words “colby cheese,” wherever such paragraph, as follows: prepared from the same ingredients and words appear on the label.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 PROPOSED RULE MAKING 9875

(e) The label shall bear the statement Act (sec. 409(d), 72 Stat. 1787; 21 U.S.C. in the Rules Docket for examination by “ ______added as a salt substi­ 348(d)) and under authority delegated interested persons. tute,” the blank being filled in with the to the Commissioner of Food and Drugs At the present time, SIAPs are adopted common name or names of the ingredi­ (21 CFR 2.120), it is proposed that as amendments to Part 97, and they are ent or ingredients used as a salt § 121.291 be amended by revising the in­ published in their entirety in the F ed­ substitute. troductory text of paragraph (a) to read eral R egister on a weekly basis. Con­ (f) Low sodium colby cheese is sub­ as follows: temporaneously with publication in the ject to the regulations for foods for spe­ § 121.291 Buquinolate. F ederal R eg ist e r , the SIAPs are made cial dietary uses promulgated under the * * * * * available to the U.S. Coast and Geodetic provisions of section 403(j) of the Fed­ Survey and other publishers of aero­ eral Food, Drug, and Cosmetic Act. (a) It is used or intended for use in nautical charts where they are published 2. The Commissioner of Food andfeeds that do not contain bentonite, as as approach procedure charts or “ ap­ Drugs proposes on his own initiative that follows: proach plates.” These charts are made the moisture content of low sodium Ched­ * * * * * available to the members of the aviation dar cheese shall not be more than 39 Any interested person may, within 30 community, and are used by pilots to percent and the moisture content of low days from the date of publication of this ascertain instrument approach require­ sodium colby cheese shall not be more notice in the F ederal R eg ist e r , file with ments. than 40 percent, inasmuch as in his the Hearing Clerk, Department of The large volume of amendments to opinion the proposed increase in mois­ Health, Education, and Welfare, Room the SIAPs, their complex technical na­ ture is not necessary. The Commissioner 5440, 330 Independence Avenue SW., ture, and the need for .a special publica­ also proposes that addition of salt sub­ Washington, D.C. 20201, written com­ tion format, makes their publication in stitutes be made optional rather than ments (preferably in quintuplicate) re­ the F ederal R eg ister expensive and mandatory, and that any safe and suit­ garding this proposal. Comments may be cumbersome. For this reason, and be­ able ingredient or combination of in­ accompanied by a memorandum or brief cause most airmen use the charts printed gredients that contains no sodium, but in support thereof. by the U.S. Coast and Geodetic Survey simulates the flavor of salt, may be used. Dated: June 19,1969. and other publishers of aeronautical In addition, the Commissioner proposes charts, the FAA proposes to take ad­ that sodium sorbate, one of the optional J. K. K irk, vantage of the recently adopted provi­ mold-inhibiting ingredients specified by Associate Commissioner sion for incorporation by reference in §§ 19.500(d) and 19.510(d), may not be for Compliance. 5 U.S.C. 552(a)(1), set out in greater used in the low sodium cheeses. [F.R. Doc. 69-7501; Piled, June 25, 1969; detail in 1 CFR Part 20, which makes the Pursuant to the provisions of the Fed­ 8:45 a.m.] publication of the SIAPs in the F ederal eral Food, Drug, and Cosmetic Act (secs. R eg ister in their entirety unnecessary. 401, 701, 52 Stat. 1046, 1055, as amended Under the proposed procedure, Sub­ 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, parts B and C of Part 97 would be 371) and in accordance with the author­ DEPARTMENT OF amended to provide for incorporation by ity delegated to the Commissioner of reference of SIAPs into Part 97 by in­ Food and Drugs (21 CFR 2.120), all in­ TRANSPORTATION corporating by reference for each SIAP terested persons are invited to submit FA A Form 8260-3, 8260-4, or 8260-5 on their views in writing (preferably in Federal Aviation Administration which the SIAP is described. In addition, quintuplicate) regarding this proposal [ 14 CFR Part 97 1 the FAA would continue to promulgate, within 60 days following the date of pub­ revise, and cancel SIAPs by adopting lication of this notice in the F ederal [Docket No. 9668; Notice No. 69-28] amendments to Part 97. The amendments R egister. Such views and comments STANDARD INSTRUMENT APPROACH or, in cases where safety in air commerce should be addressed to the Hearing Clerk, does not require immediate action, Department of Health, Education, and PROCEDURES notices of proposed rule making revising Welfare, Room 5440, 330 Independence Part 97 would continue to be published Avenue SW., Washington, D.C. 20201, Proposed Incorporation by Reference in the F ederal R eg ister on a weekly and may be accompanied by a memoran­ The Federal Aviation Administration basis. The amendments or notices of pro­ dum or brief in support thereof. * is considering amending Part 97 of the posed revisions would identify the SIAPs Dated: June 17, 1969. Federal Aviation Regulations to provide and incorporate them by reference by for incorporation by reference of Stand­ incorporating by reference FAA Forms J. K. K irk,_ ard Instrument Approach Procedures 8260-3, 8260-4, or 8260-5. Associate Commission (SIAPs) in accordance with 5 U.S.C. for Compliance. All incorporated SIAPs would be avail­ 552(a) (1) and 1 CFR Part 20. Approval able for examination at the Rules Docket for the proposed incorporation by refer­ [F.R. Doc. 69-7525; Piled, June 25, 1969; and at the National Flight Data Center, 8:47 a.m.] ence has been granted by the Director of Federal Aviation Administration, 800 In­ the Federal Register. dependence Avenue SW., 20590. The t 21 CFR Part 121 1 Interested persons are invited to par­ National Flight Data Center would also ticipate in the making of the proposed maintain a historical file of all SIAPs. FOOD ADDITIVES rule by submitting such written data, Copies of SIAPs adopted in a particular views, or arguments as they may desire. Bentonite in Buquinolate-Containing FAA Region would also be available for Communications should identify the reg­ examination at the headquarters of that Feed ulatory docket or notice number and be Region. Moreover, copies of SIAPs origi­ submitted in duplicate to: Federal Avi­ nating in a particular Flight Inspection Based on available information, the ation Administration, Office of the Gen­ Commissioner of Food and Drugs con­ District Office would be available for eral Counsel, Attention: Rules Docket cludes that § 121.291 of the food additive examination at that Office. Finally, the GC-24, 800 Independence Avenue SW., incorporated SIAPs would continue to regulations should be amended to provide Washington, D.C. 20590. All communi­ that animal feeds containing buquinolate be portrayed on instrument approach cations received on or before August 25, not contain bentonite. Information es­ procedure charts that can be obtained 1969, will be considered by the Admin­ from the U.S. Coast and Geodetic Survey tablishes that the presence of bentonite istrator before taking action on the pro­ in feeds interferes with the methods of and other publishers of aeronautical posed rule. The proposal contained in analysis and activity of buquinolate and charts. thereby reduces the safety and effective­ this notice may be changed in the light In consideration of the foregoing, it is ness of buquinolate-containing feeds. of comments received. All comments proposed to amend Subparts B and C of Therefore, pursuant to the provisions submitted will be available, both before Part 97 of the Federal Aviation Regula­ of the Federal Food, Drug, and Cosmetic and after the closing date for comments, tions as follows:

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 126, 1969 9876 * PROPOSED RULE MAKING

1. By adding a new § 97.10 to Subpart (Secs. 402, 403, 48 Stat. 1256, 1257, as B to read as follows: amended; 12 U.S.O. 1725, 1726. Reorg. Plan DEPARTMENT OF LABOR No. 3 of 1947, 12 FJR. 4981, 3 CFR, 1943-1948 §97.10 General. Office of the Secretary Oomp., p. 1071) Standard instrument approach pro­ [ 29 CFR Part 60 1 By the Federal Home Loan Bank cedures adopted by the FAA and de­ Board. scribed on FAA Forms 8260-3, 8260-4, IMMIGRATION [ seal] Jack Carter, or 8360-5 are incorporated into this part Secretary. and made a part hereof as provided in 5 Degrees in Medicine U.S.C. 552(a) (1) and pursuant to 1 CFR Pursuant to section 212(a) (14) of the [F.R. Doc. 69-7534; Filed, June 25, 1969; Part 20. The incorporated standard in­ Immigration and Nationality Act of 1952 8:48 a.m.] strument approach procedures are avail­ (8 U.S.C. 1182), I hereby propose to re­ able for examination at the Rules Docket vise Group I of Schedule A of 29 CFR and at the National Flight Data Center, Part 60 as set forth below. Federal Aviation Administration, 800 In ­ Any person interested in this proposal INTERSTATE COMMERCE dependence Avenue SW., Washington, may file a written statement of date, D.C. 20590. Copies of SIAPs adopted in a views, or argument regarding it with the COMMISSION particular FAA Region are also available Secretary of Labor, U.S. Department of [ 49 CFR Part 1249 1 for examination at the headquarters of Labor, Washington, D.C. 20210, within 15 that Region. Moreover, copies of SIAPs days after this notice is published in the [No. 35129] originating in a particular Flight Inspec­ F ederal R egister. CLASS I AND CLASS II MOTOR tion District Office are available for Schedule A examination at that Office. Based on the CARRIERS OF PROPERTY information contained on FAA Forms Group I : Persons who received an advance Proposed Annual Reports 8260-3, 8260-4, and 8260-5, standard in­ degree in a particular field of study from an institution of higher learning accredited in June 5, 1969. strument approach procedures are por­ the country where the degree was obtained trayed on charts prepared for the use of (comparable to a Ph. D. or master’s degree Notice is hereby given pursuant to sec­ pilots by the U.S. Coast and Geodetic given in American colleges or universities), tion 4(a) of the Administrative Proce­ Survey and other publishers of aero­ other than graduates of medical schools out­ dure Act, 5 U.S.C. 553, that the Interstate nautical charts. side of the United States and Canada. Commerce Commission has under con­ ♦ * * * * Physicians and surgeons whose medical sideration revision of annual reports of degree or qualification was conferred by a Class I and Class n Motor Carriers of 2. By amending § 97.20 to read as medical school outside the United States and Property (49 U.S.C. 1249.1, 1249.2) so as follows: Canada who (1) have passed the examina­ tion of the Educational Council on Foreign to require the reporting of additional § 97.20 General. Medical Graduates, or (2) submit proof of data relating to transactions between This subpart prescribes standard in­ eligibility for medical licensure or proof of the carriers and their affiliates, effec­ strument approach procedures based on eligibility to undergo the necessary training tive with reports for the year ending the criteria contained in the U.S. Stand­ for medical licensure within the United December 31, 1969. States, or (3) have evidence of intent to en­ The Commission proposed to replace ard for Terminal Instrument Approach gage in activities such as teaching, research, Procedures (TE R Ps). The standard in­ or laboratory work that will not involve any Schedule 9009, Contracts and Agree­ strument approach procedures adopted direct care of patients. ments—Affiliated Companies, and related instructions and requirements, motor by the FAA and described on FAA Forms (79 Stat. 911; 8 U.S.C. 1182) 8260-3, 8260-4, or 8260-5 are incorporated carrier annual report Form A; and into this Part and made a part hereof as Signed at Washington, D.C., this 23d Schedule 909, Contracts and Agree­ provided in 5 O^.C. 552(a) (1) and pur­ day of June 1969. ments—Affiliated Companies, and related suant to 1 CFR Part 20. The incorporated instructions and requirements, motor G eorge P. Shultz, carrier annual report Form B, with re­ standard instrument approach proce­ Secretary of Labor. dures are available for examination at vised schedules, instructions and re­ [F.R. Doc. 69-7538; Filed, June 25, 1969; quirements, as follows: Schedule 9009-A, the Rules Docket and at the National 8:48 a.m.] Flight Data Center, Federal Aviation Ad­ Contracts and Agreements—Affiliated ministration, 800 Independence Avenue Companies and Schedule 9009-B, Con­ SW., Washington, D.C. 20590. Copies of tracts and Agreements—Affiliated Com­ SIAPs adopted in a particular FAA FEDERAL HOME LOAN BANK BOARD panies, motor carrier annual report Region are also available for examina­ Form A; and Schedule 909-A, Contracts tion at the headquarters of that Region. [12 CFR Part 563 1 and' Agreements—Affiliated Companies and Schedule 909-B, Contracts and Moreover, copies of SIAPs originating in [No. 22,968] a particular Flight Inspection District Agreements—Affiliated Companies, mo­ Office are available for examination at FEDERAL SAVINGS AND LOAN tor carrier annual report Form B. Copies that Offi6e. Based on the information INSURANCE CORPORATION of proposed Schedules 9009-A and contained on FAA Forms 8260-3, 8260-4, 9009-B, and instructions are attached to and 8260-5, standard instrument ap­ Adjustment of Book Value of Over- and made a part of this notice. Schedules proach procedures ' are portrayed on Valued Assets; Withdrawal 909-A and'909-B, and instructions are charts prepared for the use of pilots by identical, except for the schedule iden­ June 19,1969. the U.S. Coast and Geodetic Survey and tification numbers. other publishers of aeronautical charts. Whereas, by Resolution No. 22,752, The proposed schedules call for dis­ dated April 24, 1969, and duly published * * * * * closure of information essential to pro­ in the Federal R egister on April 30,1969 ceedings involving motor carrier rates, (Secs. 307, 313, 601, 602, 603, 902, 1110, 1202, (34 F.R. 7089), this Board resolved to charges and similar matters. The report­ Federal Aviation Act of 1958; 49 U.S.C. 1438, propose that § 563.17-2 (d) of the Rules 1354, 1421, 1422, 1423, 1472, 1510, 1522; sec. ing is divided into two parts, designated 6(c), Department of Transportation Act; 49 and Regulations for Insurance of Ac­ as Schedule 9009-A and Schedule 9009-B, U.S.C. 1655(C), 5 U.S.C. 552(a) (1) ) counts (12 CFR 563.17-2 (d) ) be amended in the interest of more orderly and by an amendment the substance of which meaningful presentation of the informa­ Issued in Washington, D.C., on June 20, is set out in said publication; and tion. In Schedule A the carrier is asked 1969. Whereas, careful consideration has to list the name of each affiliate to which R. S. Sliff, been given to such proposed it paid or from which it received con­ Acting Director, amendments; Flight Standards Service.. It is hereby resolved, that this Board sideration during the year of $5,000 or more plus other information including [F.R. Doc. 69-7522; Filed, June 25, 1969; determines not to adopt the amendment 8:47 a.m.] proposed by said Resolution No. 22,752. salaries, dividends, 'etc., received from

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 PROPOSED RULE MAKING 9877 affiliates by carrier officials, stockhold­ inal and five copies of such representa­ ers, and their near relatives. The in­ tions must be filed with the Secretary structions also call for inclusion of a of the Interstate Commerce Commission, copy of each affiliate’s balance sheet and Washington, D.C. 20423, on or before income statement with which respondent July 30, 1969. carrier had transactions aggregating Notice shall be given motor carriers $5,000 or more during the year. Sched­ hereby affected subject to the provisions ule B calls for details on each contract or of Part n of the Interstate Commerce arrangement with the individual affili­ Act, and the general public by depositing ates. Among other new facts, Schedule a copy of this Notice in the Office of the B requests advice as to the accounting Secretary of the Commission at Wash­ performed by the carrier for the con­ ington, D.C., and by filing a copy with sideration paid to or received from its the Director, Office of the Federal affiliates. Attention is referred to the fact Register. that the consideration of $2,500, applied (Secs. 204, 220, 49 Stat. 546, as amended, 563, as a standard since 1949 in determining as amended; 49 U.S.C. 304, 320) the affiliates to be reported, has been lifted to $5,000 in the proposed schedules. By the Commission, Division 2. Any party desiring to make represen­ [ s e a l ] H . N e il G a r so n , tations in favor of or against the pro­ Secretary. posed change may do so through submission of written data, views, or [FJt. Doc. 69-7549; Filed, June 25, 1969; comments for consideration. The orig­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9878 Notices

described below, from all forms of ap­ DEPARTMENT OF THE INTERIOR propriation under the mining laws (30 DEPARTMENT OF AGRICULTURE U.S.C., Ch. 2), but not from leasing Bureau of Land Management under the mineral leasing laws, subject Office of the Secretary [Sacramento 080298] to valid existing rights. WYOMING The applicant desires the land for use CALIFORNIA as the Louella Work Center Adminis­ Designation of Areas for Emergency Order Opening Public Lands trative Site. The site was withdrawn by Loans Secretary of the Interior order dated For the purpose of making emergency June 18,1969. June 12, 1908. The applicant wishes to 1. Public Land Order No. 1633 of revoke the 1908 withdrawal simultane­ loans pursuant to section 321 of the May 8, 1958, revoked in part, Executive ously with effecting the proposed with­ Consolidated Farmers Home Admin­ Order No. 4203 of April 14, 1925, which drawal. istration Act of 1961 (7 U.S.C. 1961), it withdrew lands in California and Nevada For a period of 30 days from the date has been determined that in the herein­ in aid of classification for national forest of publication of this notice, all persons after-named counties in the State of status under the Act of February 20,1925 who wish to submit comments, sugges­ Wyoming, natural disasters have caused (43j3tat. 952). tions, or objections in connection with 2. Pursuant to the authority vested in the proposed withdrawal may present a need for agricultural credit not readily the Secretary of the Interior, and pur­ their views in writing to the undersigned available from commercial banks, co­ suant to authority redelegated to me by officer of the Bureau of Land Manage­ operative lending agencies, or other re­ Bureau Order No. 701 of July 23, 1964, ment, Department of the Interior, 729 sponsible sources. Northeast Oregon Street (Post Office as amended, the following described land W yoming which was not included in the restora­ Box 2965), Portland, Oreg. 97208. tion made by Public Land Order No. 1633, The authorized officer of the Bureau Campbell. Weston. Crook. is hereby restored to the operation of the of Land Management will undertake public land laws, including location such investigations as are necessary to Pursuant to the authority set forth under the mining laws (30 U.S.C., Ch. 2) determine the existing and potential de­ above, emergency loans will not be made for nonmetalliferous minerals, subject mand for the land and its resources. He in the above-named counties after De­ to any valid rights, the provisions of will also undertake negotiations with the cember 31, 1969, except to applicants existing withdrawals, and the require­ applicant agency with the view of ad­ ments of applicable law, rules and regu­ justing the application to reduce the who previously received emergency or lations, as of 10 a.m. on July 31, 1969: area to the minimum essential to meet special livestock loan assistance and Mount Diablo Meridian the applicant’s needs, to provide for the who can qualify under established maximum concurrent utilization of the policies and procedures. T. 9 N„ R. 13 E., land for purposes other than the appli­ Sec. 32, lot 4. cant’s, to eliminate land needed for pur­ Done at Washington, D.C., this 20th The area described contains 5.7 acres, poses more essential than the appli­ day of June 1969. more or less, in El Dorado County, cant’s, and to reach agreement on the concurrent management of the land and Clifford M. H ardin, 3. The land has been open to applica­ Secretary of Agriculture. tions and offers under the mineral leas­ its resources. ing laws and to location for metalliferous He will also prepare a report for con­ [F.R. Doc. 69-7533; Filed, June 25, 1969; 8:48 a.m.] minerals. It will be open to location for sideration by the Secretary of the Inte­ nonmetalliferous minerals under the rior who will determine whether or not U. S. mining laws beginning at 10 a.m. on the land will be withdrawn as requested July 31,1969. by the applicant agency. 4. Inquiries concerning the lands The determination of the Secretary DEPARTMENT OF COMMERCE should be addressed to the Manager, on the application will be published in Maritime Administration Land Office, Bureau of Land Manage­ the F ederal R egister. A separate notice ment, E-2807 Federal Office Building, will be sent to each interested party of UNITED CALIFORNIA BANK record. 2800 Cottage Way, Sacramento, Calif. Notice of Approval of Applicant as 95825. I f circumstances warrant it, a public Elizabeth H. M idtby, hearing will be held at a convenient time Trustee Chief, Lands Adjudication Section. and place which will be announced. Notice is hereby given that United [P.R. Doc. 69-7531; Piled, June 25, 1969; The land involved in the application California Bank, a corporation organized 8:48 a.m.] is: and existing under the laws of the State Olym pic National Forest of California, with offices at 600 South [OR 5020 (Wash.) ] WILLAMETTE MERIDIAN Spring Street, Los Angeles, Calif., has WASHINGTON Louella Work Center Administrative Site been approved as a trustee pursuant to T. 29 N.. R. 3 W., Public Law 89-346 and 46 CFR 221.21- Notice of Proposed Withdrawal and Sec. 20, SE]4NE]4> 221.30. Reservation of Land The area described contains approxi­ Dated: June 23, 1969. June 20, 1969. mately 40 acres. M. I. G oodman, The Department of Agriculture, on V irgil O. Seiser, behalf of the Forest Service, has filed Chief, Branch of Lands. Chief, Office of Ship Operations. application, OR 5020 (Wash.), for the [FJt. Doc. 69-7532; Filed, June 25, I960; [F.R. Doc. 69-7567; Filed, June 25, 1969; withdrawal of the national forest land 8:48 am .] 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9879

published in the Federal R egister issue cate. If a hearing is deemed necessary, INTERSTATE COMMERCE of May 3, 1966. This assignment will be applicant requests it be held at Denver, by Commission order which will be served Colo. on each party of record. No. MC 2202 (Sub-No. 370) (Clarifi­ COMMISSION The publications hereinafter set forth cation), filed May 8, 1969, published in [Notice 1307] reflect the scope of the applications as the F ederal R egister issue of May 29, 1969, and republished as clarified, this MOTOR CARRIER, BROKER, WATER filed by applicants, and may include descriptions, restrictions, or limitations issue. Applicant: ROADWAY EXPRESS, CARRIER, AND FREIGHT FOR­ which are not in a form acceptable to INC., 1077 Gorge Boulevard, Post Office WARDER APPLICATIONS the Commission. Authority which ulti­ Box 471, Akron, Ohio 44309. Applicant’s representatives: Douglas Faris, Post June 20, 1969. mately may be granted as a result of Office Box 471, Akron, Qhio 44309, and The following applications are gov­ the applications here noticed will not necessarily reflect the phraseology set William O. Turney, 2001 Massachusetts erned by Special Rule 1.2471 of the Com­ forth in the application as filed, but also Avenue NW., Washington, D.C. 20036. mission’s general rules of practice (49 will eliminate any restrictions which Authority sought to operate as a com­ CPR, as amended), published in the are not acceptable to the Commission. mon carrier, by motor vehicle, over reg­ Federal R egister issue of April 20, 1966, ular routes, transporting: General com­ effective May 20, 1966. These rules pro­ No. MC 1977 (Sub-No. 13), filed June 2, 1969. Applicant: GOLDSTEIN TRANS­ modities (except those of unusual classes vide, among other things, that a protest A and B explosives, livestock, household to the granting of an application must PORTATION AND STORAGE, INC., 5231 Monroe Street, Denver, Colo. 80216. goods as defined by the Commission, be filed with the Commission within 30 commodities in bulk, and those requiring days after date of notice of filing of the Applicant’s representative: Alvin J. Meiklejohn, Jr., 420 Denver Club Build­ special equipment), (1) between Amity application is published in the Federal Hall, Pa., and Buffalo, N.Y., from Amity Register. Failure seasonably to file a ing, Denver, Colo. 80202. Authority sought to operate as a common carrier, Hall over U.S. Highway 15 to Wayland, protest will be construed as a waiver of N.Y., thence over New York Highway 63 opposition and participation in the pro­ by motor vehicle, over regular routes, transporting: General commodities (ex­ to junction U.S. Highway 20 near ceeding. A protest under these rules Bethany, N.Y., thence over U.S. Highway should comply with § 1.247(d) (3) of the cept those of unusual value, classes A and B explosives, household goods as de­ 20 to Buffalo, and return over the same rules of practice which requires that it route as an alternate route in connec­ set forth specifically the grounds upon fined by the Commission, commodities in bulk, and commodities requiring spe­ tion with applicant’s regular route au­ which it is made, contain a detailed thority, serving no intermediate points statement of protestant’s interest in the cial equipment); between Denver, Colo., and the plantsite, warehouses, and other and serving Amity Hall for joinder pur­ proceeding (including a copy of the spe­ poses only, and (2) between Amity Hall, cific portions of its authority which facilities of Eastman Kodak Co. at or near Windsor, Colo.: (1) From Denver, Pa., and Rochester, N.Y., over U.S. High­ protestant believes to be in conflict with way 15 (also over New York Highway that sought in the application, and de­ Colo., over Interstate Highway 25 to junction U.S. Highway 34, thence east 15A), as an alternate route in connec­ scribing in detail the method— whether tion with applicant’s authorized regular- by joinder, interline, or other means— over U.S. Highway 34 to junction Colo­ rado Highway 257, thence over Colorado route operations, serving no intermediate by which protestant would use such points and serving Amity Hall for join­ authority to provide all or part of the Highway 257 and unnumbered roads to plantsite, warehouses and other facilities der purposes only. N ote: The purpose service proposed), and shall specify with of this republication is to reflect also over particularity the facts, matters, and of Eastman Kodak Co., and return over the same route, serving no intermediate New York Highway 15A in lieu of U.S. things relied upon, but shall not include Highway 15A in (2) above. I f a hearing issues or allegations phrased generally. points, (2) from Denver, Colo., over U.S. Highway 85 to its junction with U.S. is deemed necessary, applicant requests Protests not in reasonable compliance it be held at Washington, D.C. with the requirements of the rules may Highway 34, thence west on U.S. High­ be rejected. The original and one copy way 34 to its junction with Colorado No. MC 4405 (Sub-No. 473), filed of the protest shall be filed with the Highway 257, thence over Colorado May 23, 1969. Applicant: DEALERS Commission, and a copy shall be served Highway 257 and unnumbered roads to TRANSIT, INC., 7701 South Lawndale concurrently upon applicant’s represent­ the plantsite, warehouses and other Avenue, Chicago, 111. 60652. Applicant’s ative, or applicant if no representative facilities of Eastman Kodak Co., and re­ representative: James W. Wrape, 2111 is named. If the protest includes a turn over the same route, serving no in­ Storick Building, Memphis, Tenn. 38103. request for oral hearing, such re­ termediate points, (3) from Denver, Authority sought to operate as a com­ quests shall meet the requirements of Colo., over Interstate Highway 25 to its mon carrier, by motor vehicle, over ir­ § 1.247(d) (4) of the special rules, and junction with Colorado Highway 392, regular routes, transporting: (1) Trail­ shall include the certification required thence east on Colorado Highway 392 to ers, semitrailers, and trailer chassis, therein. Windsor and to intersection with Colo­ other than those designed to he drawn by Section 1.247(f) of the Commission’s rado Highway 257, thence over Colorado passenger automobiles in initial truck­ rules of practice further provides that Highway 257 and unnumbered roads to way and driveaway service, from Atlanta, each applicant shall, if protests to its the plantsite, warehouses, and other fa ­ Ga., to points in the United States, ex­ application have been filed, and within cilities of Eastman Kodak Co., and return cluding Hawaii and (2) tractors, in sec­ 60 days of the date of this publication, over the same route, serving no inter­ ondary movements in driveaway service notify the Commission in writing (1) mediate points, and (4) from Denver, only when drawing trailers, semitrailers, that it is ready to proceed and prosecute Colo., over U.S. Highway 85 to its junc­ and trailer chassis in initial movements, the application, or (2) that it wishes to tion with Colorado Highway 392, thence from Atlanta, Ga., to points in Alaska, withdraw the application, failure in west on Colorado Highway 392 to Wind­ Arizona, Nevada, Oregon, and Vermont. which the application will be dismissed sor, thence over Colorado Highway 257 N ote: Applicant states it does not in­ by the Commission. and unnumbered roads to the plantsite, tend to tack, and is apparently willing to accept a restriction against tacking, if Further processing steps (whether warehouses, and other facilities of East­ man Kodak Co., and return over the warranted. If a hearing is deemed neces­ modified procedure, oral hearing, or other sary, applicant requests it be held at procedures) will be determined gener­ same route, serving no intermediate Atlanta, Ga. ally in accordance with the Commission’s points. N ote: Common control may be General Policy Statement Concerning involved. Applicant states it holds a cer­ No. MC 6031 (Sub-No. 42), filed Motor Carrier Licensing Procedures, tificate of registration which would au­ June 3, 1969. Applicant : BARRY thorize the services here proposed, but TRANSFER & STORAGE COMPANY, a 1 Copies of Special Rule 1.247 (as amended) only on irregular routes and not on corporation, 120 East National Avenue, can be obtained by writing to the Secretary, schedule, and also the certificate of Milwaukee, Wis. 53204. Applicant’s rep­ Interstate Commerce Commission, Washing­ registration contains restrictions which resentative: William C. Dineen, 710 ton, D.C.20423. parallel the Colorado intrastate certifi­ North Plankinton Avenue, Milwaukee,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9880 NOTICES

Wis. 53203. Authority sought to operate from Hopeton, Va., to points in Dela­ serving Daviess, Henderson, Hopkins, as a contract carrier, by motor vehicle, ware and points in Worcester, Wicomico, McLean, Muhlenburg, Ohio, Union, and over irregular routes, transporting: (1) Somerset, Dorchester, Carolina, Talbot, Webster Counties, Ky., as off-route terri­ Industrial, plumbing and heating ma­ and Queen Annes Counties, Md., to points tory, in connection with applicant’s terials, and supplies, from Appelton, in Georgia, Florida, North Carolina, and existing regular-route operations in Ken­ Wis., to points in the Upper Peninsula South Carolina. N o t e : Applicant states tucky. N ote : The purpose of this republi­ of Michigan; and (2) scrap metals from that the purpose of the instant appli­ cation is to include Union, Daviess, Hen­ Munising, Mich., to Appelton, Wis.; un­ cation is to remove a gateway point in derson, Hopkins, McLean, and Webster der contract with I. Bahcall, Inc., Appel­ North Carolina in (1) and (2) above Comities, as additional off-route points. ton, Wis. N ote : Applicant holds common and remove a. gateway point in Virginia I f a hearing is deemed necessary, appli­ carrier authority under MC 123765 and in (3) above. Applicant also states it cant requests it be held at Washington, subs, therefore, dual operations may be does not intend to tack, and is appar­ D.C. involved. Common control may be in­ ently willing to accept a restriction No. MC 35628 (Sub-No. 298), filed volved. If a hearing is deemed necessary, against tacking, if warranted. If a hear­ June 4, 1969. Applicant: INTERSTATE applicant requests it be held at Milwau­ ing is deemed necessary, applicant re­ MOTOR FREIGHT SYSTEM, 134 kee, Wis. quests it be held at Tampa or Orlando, Grandville SW., Grand Rapids, Mich. No. MC 10761 (Sub-No. 240), filed Fla. 49502. Applicant’s representative: Leon­ June 5, 1969. Applicant: TRANSAMER- No. MC 30237 (Sub-No. 17), filed ard D. Verdier, Jr., 900 Old Kent Build­ ICAN FREIGHT LINES, INC., 1700 June 10, 1969. Applicant: YEATTS ing, Grand Rapids, Mich. 49502. Author­ North Waterman Avenue, Detroit, Mich. TRANSFER COMPANY, a corporation, ity sought to operate as a common 48209. Applicant’s representative: L. G. Post Office Box 666, Altavista, Va. 24517. carrier, by motor vehicle, over regular Naidow (same address as applicant). Applicant’s representative: Eston H. Alt, routes, transporting: General commodi­ Authority sought to operate as a com­ Post Office Box 81, Winchester, Va. 22601. ties (except those of unusual value, mon carrier, by motor vehicle, over ir­ Authority sought to operate as a common classes A and B explosives, livestock, regular routes, transporting: Meats, carrier, by motor vehicle, over irregular household goods as defined by the Com­ meat products, meat byproducts, and routes, transporting: Luggage, children’s mission, commodities in bulk, and those articles distributed by meat packing­ toys, and plastic charts, and graph requiring special equipment) serving houses as described in sections A and boards with accessories, from Altavista, Cohoctah, Mich., as off-route point, in C of appendix I to the report in De­ Va., to points in Alabama, Connecticut, connection with regular route operations scriptions in Motor Carriers Certificates, Delaware, Florida, Georgia, Kentucky, authorized by certificate MC 35628 Sub 61 M.C.C. 209 and 766 (except hides and Louisiana, Maine, Maryland, Massachu­ 2. N o t e : I f a hearing is deemed neces­ commodities in bulk, in tank vehicles), setts, Mississippi, New Hampshire, New sary, applicant requests it be held at from the plantsite and storage facilities Jersey, New York, North Carolina, Ohio, Lansing or Detroit, Mich. used by National Beef Packing Co. at or Pennsylvania, Rhode Island, South Car­ No. MC 36832 (Sub-No. 25), filed near Liberal, Kans., to points in Con­ olina, Tennessee, Vermont, Virginia, May 28, 1969. Applicant: AMERICAN necticut, Delaware, District of Columbia, West Virginia, and the District of Colum­ TRANSIT LINES, INCORPORATED, Maine, Maryland, Massachusetts, New bia. N o t e : Applicant states it does not 221 North La Salle Street, Chicago, 111. Hampshire, New Jersey, New York, intend to tack, and is apparently will­ 60601. Applicant’s representative: Her­ Pennsylvania, Rhode Island, and Ver­ ing to accept a restriction against tack­ man Wendorf (same address as above). mont, restricted to traffic originating at ing, if warranted. I f a hearing is deemed Authority sought to operate as a com­ the plantsite and warehouse facilities of necessary, applicant requests it be held mon carrier, by motor vehicle, over irreg­ National Beef Packing Co. N o t e : Appli­ at Washington, D.C. ular routes, transporting: General com­ cant states it does not intend to tack, No. MC 30938 (Sub-No. 11), filed modities (except those of unusual value, and is apparently willing to accept a June 5, 1969. Applicant: EASTERN classes A and B explosives, household restriction against tacking, if war­ TRANSPORTATION CO., á corporation, goods as defined by the Commission, ranted. I f a hearing is deemed neces­ 87 Central Street, Mansfield, Mass. Ap­ liquid commodities in bulk, and those sary, applicant requests it be held at plicant’s representative: Kenneth B. W il­ requiring special equipment), between Kansas City, Mo. liams, 111 State Street, Boston, Mass. points in Illinois, Indiana, Lower Penin­ No. MC 25798 (Sub-No. 191), filed 02109. Authority sought to operate as a sula of Michigan, Ohio, Louisville, Ky., June 5, 1969. Applicant: CLAY HYDER common carrier, by motor vehicle, over and Pittsburgh, Pa., on the one hand, TRUCKING LINES, INC., 502 East irregular routes, transporting: New and, on the other, the plantsite of Wiltco Bridgers Avenue, Post Office Box 1187, furniture, between Mansfield, Mass., on Manufacturing, Inc., at or near Yankton, Auburndale, Fla. 33823. Applicant’s rep­ the one hand, and, on the other, points S. Dak. Note: Applicant states it does resentative: Tony G. Russell (same ad­ in Massachusetts, Maine, New Hamp­ not intend to tack, and is apparently dress as applicant). Authority sought shire, Vermont, Rhode Island and Con­ willing to accept a restriction against to operate as a common carrier, by necticut. N o t e : Applicant states that tacking, if warranted. I f a hearing is motor vehicle, over irregular routes, tacking could take place in the Boston deemed necessary, applicant requests it transporting: (1) Frozen foods, (a) Mass., area. If a hearing is deemed nec­ be held at Chicago, 111. from points in Illinois to points in essary, applicant requests it be held at No. MC 41635 (Sub-No. 47), filed Georgia, Kentucky, Tennessee, Virginia, Boston, Mass. June 5, 1969. Applicant: DEALERS and West Virginia, (b) from Port Went­ No. MC 31389 (Sub-No. 109) (Amend­ TRANSPORT COMPANY, a corporation, worth, Ga., to points in Illinois, Indiana, ment), filed May 8, 1969, published in 1368 Riverside Boulevard, Memphis, Kentucky, Michigan, Minnestoa, Mis­ F ederal R egister issue of June 12, 1969, Term. 38102. Applicant’s representative: souri, Ohio, West Virginia, and Wiscon- amended June 10, 1969, and republished Charles H. Hudson, Jr., 833 Stahlman son, (c) from Port Wentworth, Ga., to as amended this issue. Applicant: Mc- Building, Nashville, Term. 37201. Au­ points in Connecticut, Delaware, Geor­ LEAN TRUCKING COMPANY, a corpo­ thority sought to operate as a com m on gia, Maryland, Massachusetts, New Jer­ ration, 617 Waughtown Street, Post Office carrier, by motor vehicle, -over irregular sey, New York, Pennsylvania, Rhode Is­ Box 213, Winston-Salem, N.C. 27102. Ap­ routes, transporting: New motor vehi­ land, South Carolina, Tennessee, and plicant’s representative: Francis W. cles, in secondary movements, in drive- the District of Columbia, and (d) from Mclnerny, 1000 16th Street NW., Wash­ away and truckaway service, from points Charleston, S.C., to points in Connecti­ ington, D.C. 20036. Authority sought to in Louisiana to points in Texas. N ote: cut, Delaware, Georgia, Maryland, Mas­ operate as a common carrier, by motor Applicant states it does not intend to sachusetts, New Jersey, New York, Penn­ vehicle, over irregular routes, transport­ tack, and is apparently willing to accept sylvania, Rhode Island, South Carolina, ing: General commodities (except those a restriction against tacking, if war­ of unusual value, classes A and B explo­ Tennessee, and the District of Columbia, ranted. If a hearing is deemed neces­ (2) frozen citrus products, from points sives, household goods as defined by the in Florida, to points in Georgia and Commission, commodities in bulk, com­ sary, applicant requests it be held at South Carolina and (3) canned goods, modities requiring special equipment) New Orleans, La,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9881

No. MC 42487 (Sub-No. 721), filed Applicant’s representative: Clifford E. Bedford, Mass., to points in the States June 2, 1969. Applicant: CONSOLI­ Sanders, 311 East Center Street, Kings­ of Maine, New Hampshire, Vermont, DATED FREIGHTW AYS CORPORA­ port, Tenn. 37660. Authority sought to Massachusetts, Rhode Island, Connecti­ TION OF DELAWARE, 175 Linfield operate as a common carrier, by motor cut, New York, New Jersey, Pennsyl­ Drive, Menlo Park, Calif. 94025. Appli­ vehicle, over regular routes, transport­ vania, Delaware, Maryland, and the Dis­ cant’s representative: Robert M. Bowden, ing: General commodities, except those trict of Columbia; and returned, refused, Post Office Box 3062, Portland, Oreg. of unusual value, classes A and B ex­ and rejected shipments of merchandise 97208. Authority sought to operate as a plosives, household goods as defined by of the same description and return. N ote : common carrier, by motor vehicle, over the Commission, commodities in bulk, Applicant states it does not intend to irregular routes, transporting: Petroleum commodities requiring special equipment, tack, and apparently is willing to accept products, in bulk, in tank vehicles, be­ and those injurious or contaminating to a restriction against tacking, if war­ tween points in California on the one other lading, serving the plantsite Of U.S. ranted. I f a hearing is deemed necessary, hand, and, on the other, points in Oregon. Plywood-Champion Papers, Inc., located applicant requests it be held at Boston, IvIelss Note: Applicant intends to tack the pro­ approximately 3 miles north of Alter- posed authority at points in Oregon with nate U.S. Highway 72 near Courtland, No. MC 69512 (Sub-No. 6), filed existing authority held by applicant on Ala., as an off-route point in connection May 28, 1969. Applicant: THUNDER- the same commodities to perform with applicant’s presently authorized BIRD FREIGHT LINES, INC., 1515 through services between California regular-route authority between De­ South 22d Avenue, Phoenix, Ariz. 85009. points, on the one hand, and, on the catur, and Florence, Ala., over Alabama Applicant’s representative: Donald E. other, points in Idaho and Washington. Highway 20 (Alternate U.S. Highway Femaays, 4114A North 20th Street, Note: If a hearing is deemed necessary, 72) and U.S. Highway 43. N ote: I f a Phoenix, Ariz. 85016. Authority sought to applicant requests it be held at Los An­ hearing is deemed necessary, applicant operate as a common carrier, by motor geles or San Francisco, Calif. requests it be held at Washington, D.C., vehicle, over regular routes, transport­ No. MC 50069 (Sub-No. 424), filed or Nashville, Tenn. ing: General commodities (except those June 4, 1969. Applicant: REFINERS No. MC 59609 (Sub-No. 8) (Amend­ of unusual value, classes A and B explo­ TRANSPORT & TERMINAL CORPO­ ment), filed October 9, 1968, published sives, household goods as defined by the RATION, 445 Earlwood Avenue, Oregon, Federal R egister issue of November 7, Commission, commodities in bulk, and Ohio 43616. Applicant’s representative: 1968, amended and republished this issue. those requiring special equipment), (1) J. A. Kundtz, 1050 Union Commerce Applicant: H ARRY CROW & SON, INC., between Phoenix and Tucson, Ariz., (a) Building, Cleveland, Ohio 44115. Author­ 1808 52d Street, Kenosha, Wis. 53140. from Phoenix over U.S. Highways 60 and ity sought to operate as a common car­ Applicant’s representative: Gordon 70 to junction of Arizona Highway 87, rier, by motor vehicle, over irregular Crow (same address as applicant). Au­ thence south on Arizona Highway 87 to routes, transporting: Acetone and phe­ thority sought to operate as a common junction Arizona Highways 84 and 93 nol in bulk, in tank vehicles, from the carrier, by motor vehicle, over irregular to Tucson, and -(b) from Phoenix over plantsite of United States Steel Corp., routes, transporting: Ferro metal ores, U.S. Highways 60 and 70 to junction at or near Haverhill (Scioto County), in bulk, in dump vehicles, (1) between Arizona Highway 87, thence south on Ohio, to points in Alabama, Arkansas, points in Milwaukee and Waukesha Arizona Highway 87 to junction Arizona Connecticut, Delaware, Florida, Georgia, Counties, Wis., on the one hand, and, on Highway 93, thence south on Arizona Illinois, Indiana, Iowa, Kansas, Ken­ the other, points in Cook and Lake Coun­ Highway 93 to junction Arizona High­ tucky, Louisiana, Maryland, Massachu­ ties, 111.; and (2) between points in Mil­ way 84, thence southeast on Arizona setts, Michigan, Minnesota, Mississippi, waukee County, Wis., and points in Highways 84 and 93 to Tucson, and re­ Missouri, New Hampshire, New Jersey, Waukesha County, Wis: N ote: The pur­ turn over the same route, serving all New York, North Carolina, Ohio, Penn­ pose of this republication is to broaden intermediate points, and the off-route sylvania, Rhode Island, South Carolina, the scope of authority sought. Applicant points In the Industrial area south of Tennessee, Texas, Virginia, West Vir­ states it does not intend to tack, and is Davis Month an Air Base, Tucson, Ariz., ginia, and Wisconsin. Common control apparently willing to accept a restriction and north of the Tucson Benson High­ and dual operations may be involved. against tacking, if warranted. If a hear­ way (Interstate Highway 10), and (2) Note : Applicant states it does not intend ing is deemed necessary, applicant re­ between Phoenix and Tucson, Ariz., over to tack, and apparently is willing to ac­ quests it be held at Kenosha, Milwaukee, Interstate Highway 10, serving no inters cept a restriction against tacking, if or Madison, Wis., or Chicago, 111. mediate points. N ote: I f a hearing is warranted. If a hearing is deemed neces­ No. MC 64994 (Sub-No. 107), filed deemed necessary, applicant requests sary, applicant requests it be held at June 4, 1969. Applicant: HENNIS that it commence at Phoenix, Ariz., then Washington, D.C. FREIGHT LINES, INC., Post Office Box Los Angeles, Calif., and terminate at No. MC 50069 (Sub-No. 425), filed 612, Winston-Salem, N.C. 27102. Appli­ Tucson, Ariz. June 4, 1969. Applicant: REFINERS cant’s representative: B. M. Shirley, Jr. No. MC 70176 (Sub-No. 3), filed TRANSPORT & TERMINAL CORPORA­ (same address as applicant). Authority May 22, 1969. Applicant: ERNEST L. TION, 445 Earlwood Avenue, Oregon, sought to operate as a common carrier, SECCOMB AND ERNEST M. K ING S- Ohio 43616. Applicant’s representative: by motor vehicle, over irregular routes, BURG, a partnership, doing business as J. A. Kundtz, 1050 Union Commerce transporting: Frozen foods, from Du- KITTO’S TRUCKING & STORAGE, 700 Building, Cleveland, Ohio 44115. Author­ shore, Pa., to points in Florida, Georgia, East Front Street, Butte, Mont. 59701. ity sought to operate as a common car­ North Carolina, South Carolina, and Authority sought to operate as a com­ rier, by motor vehicle, over irregular Virginia. N ote: Applicant states it does mon carrier, by motor vehicle, over ir­ routes, transporting: Liquid fertilizer, in not intend to tack, and is apparently regular routes, transporting: Household bulk, in tank vehicles, (1) from Kent- willing to accept a restriction against goods, between points in Montana, re­ land, Ind., to points in Illinois, and (2) tacking, if warranted. Common control stricted to the transportation of traffic from Yoder, Ind., to points in Ohio and may be involved. If a hearing is deemed having a prior or subsequent movement, Michigan (Lower Peninsula). N ote: necessary, applicant requests it be held in containers, beyond the points author­ Common control and dual operations at Richmond, Va., or Washington, D.C. ized and further restricted to the per­ may be involved. Applicant states it does No. MC 67200 (Sub-No. 34), filed formance of pickup and delivery service not intend to tack, and is apparently June 2, 1969. Applicant: THE FURNI­ in connection with packing, crating, and willing to accept »a restriction against TURE TRANSPORT COMPANY, INC., containerization or unpacking, uncrat­ tacking, if warranted. I f a hearing is Furniture Row, Milford, Conn. 06460. ing, and decontainerization of such deemed necessary, applicant requests it Applicant’s representative: Arthur J. traffic. N ote : Applicant states it does not . be held at Washington, D.C. Piken, 160-16 Jamaica Avenue, Jamaica, intend to tack, and is apparently willing No. MC 59583 (Sub-No. 124), filed N.Y. Authority sought to operate as a to accept a restriction against tacking, June 6, 1969. Applicant: THE MASON common carrier, by motor vehicle, over if warranted. If a hearing is deemed AND DIXON LINES, INCORPORATED, irregular routes, transporting: New fur­ necessary, applicant requests it be held Eastman Road, Kingsport, Tenn. 37660. niture, from North Dartmouth and New at Butte, Mont.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122---- 6 9882 NOTICES

No. MC 73165 (Sub-No. 266), filed eral commodities, except those of unusual I to the report in Descriptions in Motor June 2, 1969. Applicant: EAGLE MO­ •value, classes A and B explosives, house­ Carrier Certificates, 61 M.C.C. 209 and TOR LINES, INC.; 830 North 33d Street, hold goods as defined by the Commission, 766, from Hillsdale, Mich., to points in Post Office Box 1348, Birmingham, Ala. commodities in bulk, commodities requir­ Alabama, Florida, Georgia, Kentucky, 35201. Applicant’s representative: Rob­ ing special equipment serving the plant- Louisiana, North Carolina, South Caro­ ert M. Pearce, Post Office Box E, Bowl­ site of U.S. Plywood-Champion Papers, lina, Tennessee, and Mississippi, re­ ing Green, Ky. 42101. Authority sought lnc. , located approximately 2.5 miles stricted to traffic originating at the plant- to operate as a common carrier, by mo­ north of Courtland, Ala., and approxi­ site or storage facilities utilized by Great tor vehicle, over irregular routes, trans­ mately 18 miles northwest of Decatur, Northwestern Packing Co., at or near porting: Composition building board, Ala. N o te : I f a hearing is deemed neces­ Hillsdale, Mich. N o t e : Common control from the plantsite and warehouses of sary, applicant requests it be held at may be involved. Applicant states it does Johns-Manville Products Corp. at or Washington, D.C., or Birmingham, Ala. not intend to tack, and is apparently will­ near Natchez, Miss., to points in Ala­ No. MC 94265 (Sub-No. 218), filed ing to accept a restriction against tack­ bama, Florida, Georgia, Kentucky, Lou­ June 4, 1969. Applicant: BONNEY ing, if warranted. I f a hearing is deemed isiana, North Carolina, South Carolina, MOTOR EXPRESS, INC., Post Office necessary, applicant requests it be held Tennessee, and Virginia. N o t e : Appli­ Box 12388, Thomas Corner Station, Nor­ at Detroit, Mich., or Washington, D.C. cant states it does not intend to tack, folk, Va. Applicant’s representative: E. No. MC 95540 (Sub-No. 748), filed June and is apparently willing to accept a Stephen Heisley, 705 McLachlen Bank 3, 1969. Applicant: WATKINS MOTOR restriction against tacking, if war­ Building, 666 11th Street NW „ Washing­ LINES, INC., 1120 West Griffin Road, ranted. I f a hearing is deemed neces­ ton, D.C. 20001. Authority sought to Lakeland, Fla. 33801. Applicant’s repre­ sary, applicant requests it be held at operate as a common carrier, by motor sentative: Paul E. Weaver (same ad­ Nashville, Tenn. vehicle, over irregular routes, transport­ dress as above). Authority sought to No. MC 85012 (Sub-No. 7), filed June 2, ing: Meats, meat products, and meat by­ operate as a common carrier, by motor 1969. Applicant: CAPITOL TRANS­ products, and articles distributed by vehicle, over irregular routes, transport­ FER & STORAGE COMPANY, a cor­ meat packinghouses as defined in sec­ ing: Meat, meat products, meat by­ poration, 1545 Hansford Street, Charles­ tions A and C of appendix I to the report products and articles distributed by meat ton, W. Va. 25311. Applicant’s represent­ in Descriptions' in Motor Carrier Certifi­ packinghouses, from the plantsite and ative: Alan F. Wohlstetter, 1 Farragut cates, 61 M.C.C. 209 and 766 (except com­ storage facilities used by National Beef Square South, Washington, D.C. 20006. modities in bulk, in tank vehicles and ex­ Packing Co. at/or near Liberal, Kans., Authority sought to operate as a com­ cept hides), from points in the Omaha, to points in Alabama, Connecticut, Dela­ mon carrier, by motor vehicle, over Nebr.-Council Bluffs, Iowa, commercial ware, Florida, Georgia, New Hampshire, irregular routes, transporting: Used zone, to points in Connecticut, Delaware, New Jersey, New York, Pennsylvania, household goods, between points in West Maryland, Massachusetts, New York, Rhode Island, South Carolina, North Virginia, restricted to the transportation New Jersey, Pennsylvania, and Rhode Is­ Carolina, Tennessee (except Memphis), of traffic having a prior or subsequent land. N o t e : Applicant states it does not Vermont, Virginia, West Virginia, the movement, in containers, and further intend to tack, and is apparently willing District of Columbia, Maryland, Mas­ restricted to the performance of pickup to accept a restriction against tacking, sachusetts, and Maine, restricted to traf­ and delivery service in connection with if warranted. I f a hearing is deemed fic originating at the plantsite and ware­ packing, crating, and containerization necessary, applicant requests it be held house facilities of National Beef Packing or unpacking, uncrating, and decontain­ at Omaha. Nebr. Co. N o t e : Applicant states it does not erization of such traffic. N o t e : If a hear­ No. MC 95084 (Sub-No. 74), filed June intend to tack, and is apparently willing ing is deemed necessary, applicant re­ 4, 1969. Applicant: HOVE TRUCK LINE, to accept a restriction against tacking, quests it be held at Charleston, W. Va., a corporation, Stanhope, Iowa 50246. Ap­ if warranted. I f a hearing is deemed or Washington, D.C. plicant’s representative: Kenneth F. necessary, applicant requests it be held No. MC 88141 (Sub-No. 6), filed June Dudley, 901 South Madison Avenue, Post at Kansas City, Mo. 4, 1969. Applicant: SPENCER TRANS­ Office Box 279, Ottumwa, Iowa 52501. No. MC 100666 (Sub-No. 141), filed FER, INC., 830 Bollingbrook Street, Authority sought to operate as a common June 2, 1969. Applicant: MELTON Petersburg, Va. 23831. Applicant’s repre­ carrier, by motor vehicle, over irregular TRUCK LINES, INC., Post Office Box sentative: Jno. C. Goddin, 200 West routes, transporting: (1) Iron and steel 7666, Shreveport, La. 71107. Applicant’s Grace Street, Richmond, Va. 23220. articles, from the plantsites, shipping representatives: Wilburn L. Williamson, Authority sought to operate as a con­ points, and warehouses of Continental 600 Leininger Building, Oklahoma City, tract carrier, by motor vehicle, over Steel Corp., located in Howard County, Okla. 73112, and Paul Caplinger (same irregular routes, transporting: Transit lnd. , to points in the continental United address as applicant). Authority sought oil, in bulk, in tank vehicles, between States on and east of U.S. Highway 85 to operate as a common carrier, by motor points in Virginia and points in Grant, and (2) materials, equipment, and sup­ vehicle, over irregular routes, transport­ Greenbrier, Mercer, McDowell, Monroe, plies used in the manufacture and proc­ ing: Buildings, roofing, and insulating Pocahontas, Raleigh, Summers, and W y­ essing of iron and steel articles, from materials, and gypsum and gypsum prod­ oming Counties, W. Va., and points in the above-named destinations to the ucts (except in bulk) from Fort Dodge, Beaufort, Bertie, Camden, Chowan, plantsites, shipping points and ware­ Iowa, to points in Arkansas, Kentucky, Craven, Currituck, Dare, Edgecombe, houses of Continental Steel Corp., located Oklahoma, and Tennessee. N o t e : Ap­ Gates, Granville, Greene, Halifax, Hert­ in Howard County, Ind. N o t e : Applicant plicant states it would tack with its Sub ford, Hyde, Martin, Nash, Northampton, states it does not intend to tack, and is 67 at Duke, Okla., for service to Texas Pimlico, Pasquotank, Perquimans, Pitt, apparently willing to accept a restriction and New Mexico. I f a hearing is deemed Tyrrell, Vance, Warren, and Washing­ against tacking, if warranted. I f a hear­ necessary, applicant requests it be held ton Counties, N.C., under a continuing ing is deemed necessary, applicant re­ at Little Rock, Ark., or Oklahoma City, contract with Virginia Electric & Power quests it be held at Indianapolis, Ind., or Okla. Co. N o t e : If a hearing is deemed neces­ Chicago, 111. No. MC 103993 (Sub-No. 415), filed sary, applicant requests it be held at No. MC 95540 (Sub-No. 747), filed June 6, 1969. Applicant: MORGAN Washington, D.C., or Richmond, Va. June 2, 1969. Applicant: WATKINS DRIVE-A WAY, INC., 2800 West Lexing­ No. MC 94201 (Sub-No. 71), filed June MOTOR LINES, INC., 1120 West Griffin ton Avenue, Elkhart, Ind. 46514. Ap­ 5, 1969. Applicant: BOWMAN TRANS­ Road, Lakeland, Fla. 33801. Applicant’s plicant’s representatives: Paul P. Bor- PORTATION, INC., 1010 Stroud Avenue, representative: Paul E. Weaver, (same ghesani and Ralph H. Miller (same ad­ East Gadsden, Ala. 35903. Applicant’s address as applicant). Authority sought dress as applicant). Authority sought to representative: Maurice F. Bishop, 327 to operate as a common carrier, by motor operate as a common carrier, by motor Frank Nelson Building, Birmingham, vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ Ala. 35203. Authority sought to operate ing: Meats, meat products and meat by­ ing: Trailers designed to be drawn by as a common carrier, by motor vehicle, products and articles distributed by meat passenger automobiles, in initial move­ over regular routes, transporting: Gen­ packinghouses, as described in appendix ments, from points in Barnwell County,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9883

S.C., to points in the United States (ex­ ing: Trailers, designed to be drawn by Highway 6-50, Grand Junction, Colo. cept Alaska and Hawaii). N o t e : Ap­ passenger automobiles, in initial move­ 81501. Applicant’s representative: Alan plicant states it does not intend to tack, ments, from points in Lincoln County, F. Wohlstetter, l Farragut Square South, and is apparently willing to accept a Ky., to points in the United States (ex­ Washington, D.C. 20006. Authority restriction against tacking, if warranted. cept Alaska and Hawaii). N o t e : Ap­ sought to operate as a common carrier, If a hearing is deemed necessary, ap­ plicant states it does not intend to tack, by motor vehicle, over irregular routes, plicant requests it be held at Columbia. and is apparently willing to accept a transporting: Used household goods be­ s c restriction against tacking, if warranted. tween points in Colorado; Rio Arriba, No. MC 103993 (Sub-No. 416), filed I f a hearing is deemed necessary, ap­ McKinley, Sandoval, and San Juan June 6, 1969. Applicant: MORGAN plicant requests it be held at Lexington, Counties, N. Mex.; Uintah, Carbon, Dag­ DRIVE-AWAY, INC., 2800 West Lexing­ Ky. gett, Grand, Emery, Wayne, Garfield, ton Avenue, Elkhart, Ind. 46514. Ap­ No. MC 103993 (Sub-No. 420), filed and San Juan Counties, Utah; and Car­ plicant’s representatives: Paul D. June 9, 1969. Applicant: MORGAN bon, Freemont, Lincoln, Natrona, Sub­ Borghesani and Ralph H. Miller (same DRIVE-AWAY, INC., 2800 West Lexing­ lette, Sweetwater, and Uinta Counties, address as applicant). Authority sought ton Avenue, Elkhart, Ind. 46514. Ap­ Wyo., restricted to the transportation of to operate as a common carrier, by motor plicant’s representative: Paul D. traffic having a prior or subsequent vehicle, over irregular routes, transport­ Borghesani (same address as above) and movement, in containers, and further ing: Conduits and pipe drainage, sewer Ralph H. Miller (same address as above). restricted to the performance of pickup and other underground work, and con­ Authority sought to operate as a com­ and delivery service in connection with nections and fittings therefor, bitumi- mon carrier, by motor vehicle, over ir­ packing, crating, and containerization or nized fiber and indurated, from Sherman, regular routes, transporting: Truck unpacking, uncrating, and decontaineri­ Tex., to points in New Mexico, Arizona, campers and camp coaches, from points zation of such traffic. N o t e : Applicant California, Nevada, Utah, Colorado, in Humphreys County, Miss., to points in states it does not intend to tack, and is Wyoming, Montana, Idaho, Washington, the United States (except Hawaii). apparently willing to accept a restriction and Oregon. N o t e : Applicant states it N o t e : Applicant states it does not in­ against tacking, if warranted. I f a hear­ does not intend to tack, and is apparently tend to tack, and is apparently willing ing is deemed necessary, applicant re­ willing to accept a restriction against to accept a restriction against tacking, quests it be held at Denver, Colo., or tacking, if warranted. I f a hearing is if warranted. I f a hearing is deemed Washington, D.C. deemed necessary, applicant requests it necessary, applicant requests it be held No. MC 105566 (Sub-No. 8), filed June be held at Dallas, Tex. at Jackson, Miss. 4, 1969. Applicant: SAM TANKSLEY No. MC 103993 (Sub-No. 417), filed No. MC 103993 (Sub-No. 421), filed TRUCKING, INC., Post Office Box 68, June 6, 1969. Applicant: MORGAN June 9, 1969. Applicant: MORGAN East Prairie, Mo. 63845. Applicant’s rep­ DRIVE-AWAY, INC., 2800 West Lexing­ DRIVE-AWAY, INC., 2800 West Lexing­ resentative: Thomas F. KUroy, 2111 Jef­ ton Avenue, Elkhart, Ind. 46514. Ap­ ton Avenue, Elkhart, Ind. 46514. Ap­ ferson Davis Highway, Arlington, Va. plicant’s representatives: Paul D. plicant’s representative: Paul D. 22202. Authority sought to operate as a Borghesani and Ralph H. Miller (same Borghesani (same address as applicant). common carrier, by motor vehicle, over address as applicant). Authority sought Authority sought to operate as a common irregular routes, transporting: Proc­ to operate as a common carrier, by motor carrier, by motor vehicle, over irregular essed and canned foodstuffs, from vehicle, over irregular routes, transport­ routes, transporting: Trailers, designed Avoyelles and West Feliciana Parishes, ing: Buildings, in sections mounted on to be drawn by passenger automobiles in La., to points in Arizona and California, wheeled undercarriages, from points in initial movements, from points in Monroe N ote : Applicant states it does not intend Mecklenburg County, Va„ to points in County, Miss., to points in the United to tack, and is apparently willing to the United States, including Alaska (but States except Alaska and Hawaii. N o t e : accept a restriction against tacking, if excluding Hawaii). N o t e : Applicant Applicant states it does not intend to warranted. I f a hearing is deemed nec­ states it does not intend to tack, and is tack, and is apparently willing to accept essary, applicant does not specify a lo­ apparently willing to accept a restriction a restriction against tacking, if war­ cation. against tacking, if warranted. If a hear­ ranted. If a hearing is deemed necessary, No. MC 106760 (Sub-No. 108), filed ing is deemed necessary, applicant re­ applicant requests it be held at Jackson, June 11, 1969. Applicant: W HITE- quests it be held at Richmond, Va. Miss. HOUSE TRUCKING, INC., 5020 Angola No. MC 103993 (Sub-No. 418), filed No. MC 104123 (Sub-No. 73), filed June Road, Toledo, Ohio 43615. Applicant’s June 9, 1969. Applicant: MORGAN 4, 1969. Applicant: JOHN SCHUTT, JR., representatives: Irvin Tull and Fred DRIVE-AWAY, INC., 2800 West Lexing­ INC., 4361 River Road, town of Tona- Rahal, Jr. (same address as applicant) ton Avenue, Elkhart, Ind. Applicant’s wanda, N.Y. 14150. Authority sought to and Leonard E. Jaskiewicz, Suite 501, representatives: Paid D. Borghesani operate as a common carrier, by motor 1730 M Street NW„ Washington, D.C. (same address as above) and Ralph H. vehicle, over irregular routes, transport­ 20036. Authority sought to operate as a Miller (same address as above) . Author­ ing: Aluminum chloride, in bulk, from common carrier, by motor vehicle, over ity sought to operate as a common car­ ports of entry on the international irregular routes, transporting: Glass, rier, by motor vehicle, over irregular boundary line between the United States flat; glass glazing units; glass doors, with routes, transporting: Trailers, designed and Canada located on the Niagara and without fittings, from Toledo, Ohio, to be drawn by passenger automobile, in River, Elberta, and Lockport, N.Y., to to points in the United States (except initial movement, from points in Union points in Connecticut, Delaware, Illinois, Washington, Oregon, California, Nevada, County, 111., to points in the United Indiana, Kentucky, Maine, Maryland, Idaho, Utah, Arizona, Alaska, and States (except Alaska and H awaii). Massachusetts, Michigan, New Hamp­ Hawaii). N o t e : Common control and Note: Applicant states it does not in­ shire, New Jersey, New York, Ohio, dual operations may be involved. Appli­ tend to tack, and is apparently willing Pennsylvania, Rhode Island, Vermont, cant states it does not intend to tack, to accept a restriction against tacking, Virginia, West Virginia, Wisconsin, and is apparently willing to accept a if warranted. I f a hearing is deemed Alabama, Florida, Georgia, Mississippi, restriction against tacking, if warranted. necessary, applicant requests it be held North Carolina, South Carolina, and If a hearing is deemed necessary, appli­ at Springfield, 111. Tennessee. N o te : Applicant states it does cant requests it be held at Washington, No. MC 103993 (Sub-Np. 419), filed not intend to tack, and is apparently D.C. June 9, 1969. Applicant: MORGAN willing to accept a restriction against No. MC 107012 (Sub-No. 96), filed DRIVE-AWAY, INC., 2800 West Lexing­ tacking, if warranted. I f a hearing is June 9,1969. Applicant: NORTH AMER­ ton Avenue, Elkhart, Ind. 46514. Ap­ deemed necessary, applicant requests it ICAN VAN LINES, INC., Lincoln High­ plicant’s representatives: Paul D. be held at Buffalo, N.Y. way East and Meyer Road, Post Office Borghesani, also Ralph H. Miller (same . No. MC 104951 (Sub-No. 18), filed Box 988, Fort Wayne, Ind. 46801. Appli­ address as above). Authority sought to June 2, 1969. Applicant: W. R. HALL cant's representative: Martin A. Weis- operate as a common carrier, by motor TRANSPORTATION AND STORAGE sert (same address as applicant). Au­ vehicle, over irregular routes, transport­ COMPANY, a corporation, 2158 U.S. thority sought to operate as a common

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9884 NOTICES carrier, by motor vehicle, over irregular hearing is deemed necessary, applicant Oklahoma City, Okla., Salt Lake City, routes, transporting: Pianos and organs, requests it be held at Omaha, Nebr. Utah, or Denver, Colo. and piano and organ benches, and ac­ No. MC 108119 (Sub-No. 22), filed May No. MC 109397 (Sub-No. 172), filed cessories, crated and uncrated, from 28, 1969. Applicant: E. L. MURPHY June 4, 1969. Applicant: TRI-STATE Corinth and Holly Springs, Miss., to TRUCKING CO., 3033 Sibley Memorial MOTOR TRAN SIT CO., a corporation, points in the United States (except Highway, St. Paul, Minn. 55101. Appli­ Post Office Box 113, Interstate Business Alaska and Hawaii), and returned ship­ cant’s representative: Donald A. Mor- Route 1-44, Joplin, Mo. 64802. Appli­ ments of the same commodities from ken, 1000 First National Bank Building, cant’s representative: Max G. Morgan, points in the United States (except Minneapolis, Minn. 55402. Authority 600 Leininger Building, Oklahoma City, Alaska and Hawaii) to Corinth and Holly sought to operate as a common carrier, Okla. 73112. Authority sought to operate Springs, Mo. N o t e : Applicant states it by motor vehicle, over irregular routes, as a common carrier, by motor vehicle, does not intend to tack, and is apparently transporting: (1) Commodities which over irregular routes, transporting: willing to accept a restriction against require the use of special equipment or Source, special nuclear, byproduct radio­ tacking, if warranted. Applicant further special handling by reason of size or active materials, component parts and states no duplicating authority is sought weight, and commodities not requiring containers thereof, between Hanford or intended. Common control and dual the use of special handling or special Works near Richland, Wash., and the operations may be involved. I f a hearing equipment when moving incidental to or Kerr-McGee Cimarron Facilities near is deemed necessary, applicant requests in connection with commodities requir­ Crescent, Okla. N o t e : Applicant states it be held at Washington, D.C., or Chi­ ing the use of special equipment or spe­ it does not intend to tack, and is appar­ cago, 111. cial handling, and (2) ammunition and ently willing to accept a restriction No. MC 107295 (Sub-No. 200), filed explosives, (a) between military instal­ against tacking, if warranted. Applicant May 23, 1969. Applicant: PRE-FAB lations and Department of Defense es­ holds contract authority under MC TRANSIT CO., a corporation, 100 South tablishments located at points in the 128814 Sub 4, therefore, dual operations Main Street, Farmer City, 111. 61842. Ap­ United States (except Hawaii), and (b) may be involved. If a hearing is deemed necessary, applicant requests it be held plicant’s representative: Dale L. Cox, between points in (a) above, on the one hand, and, on the other, points in the at Oklahoma City, Okla., Salt Lake City, Post Office Box 146, Farmer City, 111. Utah, or Denver, Colo. 61842. Authority sought to operate as a United States (except Hawaii). N o t e : Applicant states it does not intend to No. MC 110012 (Sub-No. 18), filed common carrier, by motor vehicle, over May 25, 1969. Applicant: G. B. C., INC., irregular routes, transporting: Roof deck, tack, and is apparently willing to accept a restriction against tacking, if war­ 707 North Liberty Hill Road, Post Office from Oregon, Ohio, to points in the Box 68, Morristown, Tenn. 37814. Appli­ United States (except Alaska, Arkan­ ranted. I f a hearing is deemed neces­ sary, applicant requests it be held at cant’s representative: James W. Wrape, sas, Illinois, Indiana, Iowa, Kentucky, 2111 Sterick Building, Memphis, Tenn. Michigan, Missouri, Ohio, Tennessee, Washington, D.C. No. MC 108228 (Sub-No. 40), filed May 38103. Authority sought to operate as a Wisconsin and Hawaii). N o t e t Appli­ common carrier, by motor vehicle, over cant states it intends to tack with its 12, 1969. Applicant: MILES TRUCKING CO., INC., Post Office Box 578, Plant irregular routes, transporting: (1) New authority, where feasible. If a hearing furniture, upholstered or not up­ is deemed necessary, applicant requests City, Fla. 33566. Applicant’s representa­ tive: Carl H. FOndren (same address as holstered, crated or uncrated, from it be held at Cleveland, Ohio. Wichita, Kans., to Chicago, 111., and No. MC 107403 (Sub-No. 774), filed above). Authority sought to operate as a common carrier, by motor vehicle, over Morristown, Tenn., (2) lumber, includ­ June 3, 1969. Applicant: MATLACK, ing plywood, but excluding dimension INC., 10 West Baltimore Avenue, Lans- irregular routes, transporting: Candy and confectionery and confectionery stock lumber, loose or bundled, from downe, Pa. 19050. Applicant’s represent­ points in Mississippi, Florida, Georgia, ative: John Nelson (same address as products, including advertising matter, display racks, and premiums when mov­ New Jersey, Arkansas, Maryland, Vir­ above). Authority sought to operate as a ginia, Alabama, and South Carolina, to common carrier, by motor vehicle, over ing at the same time, (1) from points in Marion and Washington County, Dl., points in Hamblen County, Tenn., (3) irregular routes, transporting: Polypro­ plastic cover, in rolls, from Port Clinton, pylene, dry in bulk, from West Deptford to points in Alabama, Georgia, Florida, North Carolina, and South Carolina and Ohio, Mishawaka, and Elkhart, Ind., and Township, N.J., to points in Ohio. N o t e : (2) from Sulphur Spring, Tex., to points Newberg, N.Y., to Morristown, Tenn., Applicant states it does not intend to (4) molded plastic chair arms, palletized in Florida, Georgia, North Carolina, and tack, and is apparently willing to accept or bundled, from Crawfordsville, Ind., to a restriction against tacking, if war­ South Carolina. N o t e : Applicant states Morristown, Tenn., (5) wood frame parts it does not intend to tack, and is ap­ ranted. If a hearing is deemed necessary, and chair frames, loose, from Tupelo, parently willing to accept a restriction Miss., to Morristown, Tenn., (6) wood applicant requests it be held at Philadel­ against tacking, if warranted. I f a hear­ phia, Pa., or Washington, D.C. ing is deemed necessary, applicant re­ bands, loose or in bundles, from Dear­ born, Mich., to Morristown, Tenn., (7) No. MC 108053 (Sub-No. 86), filed May quests it be held at St. Louis, Mo., or 29, 1969. Applicant: LITTLE AUDREY’S Washington, D.C. dimension stock lumber, loose or in TRANSPORTATION COMPANY, INC., bundles, from Canton and West Point, No. MC 109397 (Sub-No. 171), filed Miss., Bedford, Pa., and Delphos, Ohio, Post Office Box 129, Fremont, Nebr. June 4, 1969. Applicant: TRI-STATE 68025. Applicant’s representative: Carl to Morristown, Tenn., (8) glue, in con­ MOTOR TRANSIT CO., a corporation, tainers from Columbus, Ohio, and Lans- L. Steiner, 39 South La Salle Street, Chi­ Post Office Box 113, Interstate Business cago, 111. 60603. Authority sought to op­ dale, Pa., to Morristown, Tenn., (9) Route 1-44, Joplin, Mo. 64802. Appli­ rubbing lubricants and wax, in con­ erate as a common carrier, by motor ve­ cant’s representative: Max G. Morgan, hicle, over irregular routes, transport­ tainers, from Racine, Wis.,. to Mor­ 600 Leininger Building, Oklahoma City, ristown, Tenn., (10) furniture hardware, ing: Meats, meat products, and meat by­ Okla. 73112. Authority sought to operate products, and articles distributed by meat in cartons, from Grand Rapids, Mich., as a common carrier, by motor vehicle, Jamestown, N.Y., and Rockford, 111., to packinghouses, as defined in sections A over irregular routes, transporting: and C of appendix I to the report in Morristown, Tenn., (11) foam rubber, Source, special nuclear, byproduct radio­ loose or in cartons, from Fall River, Descriptions in Motor Carrier Certifi­ active materials, component parts and cates, 61 M.C.C. 209 and 766, except com­ Mass., to Morristown, Tenn., (12) kapok, containers thereof, between the Kerr- in bundles, from Savannah, Ga., and modities in bulk, in tank vehicles, and McGee Cimarron Facilities at or near except hides, from Council Bluffs, Iowa, Baltimore, Md., to Morristown, Tenn., Crescent, Okla., on the one hand, and, (13) staples, in containers, from Brook­ to points in Arizona, California, Oregon, on the other, Argonne National Labora­ Utah, and Washington. N o t e : Common lyn, N.Y., to Morristown, Tenn., (14) tory near Lemont, 111. N o t e : Applicant control may be involved. Applicant wood seats, banded, from Cleveland, Tex., holds contract autority under MC 128814 to Morristown, Tenn., and (15) tufflex, states it does not intend to tack, and Sub 4, therefore, dual operations may (fibers used in padding chairs, similar to apparently is willing to accept a restric­ be involved. I f a hearing is deemed neces­ felt), in bundles, from Atlanta, Ga., to tion against tacking, if warranted. I f a sary, applicant requests it be held at Morristown, Tenn. N o t e : Applicant

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9885 states that no duplicating authority is TA N K LINES, INC., Post Office Box 1200, Ohio, Pennsylvania, Michigan, Wiscon­ being sought. Applicant further states Tallahassee, Fla. 32302. Applicant’s rep­ sin, Kentucky, Missouri, New Jersey, New that it does not intend to tack, and is ap­ resentative: W. Guy McKenzie, Jr. York, Arkansas, Louisiana, Mississippi, parently willing to accept a restriction (same address as applicant). Authority Alabama, Georgia, Florida, Tennessee, against tacking, if warranted. If a hear­ sought to operate as a common carrier, South Carolina, North Carolina, Virginia, ing is deemed necessary, applicant re­ by motor vehicle, over irregular routes, West Virginia, Maryland, Connecticut, quests it be held at Washington, D.C., or transporting: Dry commodities, in bulk Rhode Island, Massachusetts, Vermont, Knoxville, Tenn. (except cement), from points in Florida New Hampshire, Maine (except Arros- No. MC 111545 (Sub-No. 120), filed north of State Highway 40 to points in took County), Minnesota, Iowa, Dela­ June 2, 1969. Applicant: HOME TRANS­ Georgia and Alabama. Applicant states ware, Texas, Oklahoma, Kansas, and PORTATION COMPANY, INC., Post it does not intend to tack, and is ap­ Nebraska; and (2) from Bellevue, Office Box 6426, Station A, Marietta, Ga. parently willing to accept a restriction Delphos, and Marion, Ohio; Gibson City 30060. Applicant’s representative: Rob­ against tacking, if warranted. I f a hear­ and Chicago, HI.; Chattanooga, Tenn., ert E. Bom, 1425 Franklin Road SE., ing is deemed necessary, applicant re­ and Belmond, Iowa, to the plantsite of Marietta, Ga. 30060. Authority sought to quests it be held at Atlanta, Ga. Central Soya Co., Inc., at or near De­ operate as a common carrier, by motor No. MC 112617 (Sub-No. 260), filed catur, Ind. N ote: Common control may vehicle, over irregular routes, transport­ June 5, 1969. Applicant: LIQUID me involved. Applicant states it does not ing: Trailers, designed to be drawn by TRANSPORTERS, INC., Post Office Box intend to tack, and is apparently willing passenger automobiles, and buildings, 21395, Louisville, Ky. 40221. Applicant’s to accept a restriction against tacking, if complete or in sections, mounted on representative: L. A. Jaskiewicz, 1730 M warranted. If a hearing is deemed neces­ wheeled undercarriages, from points in Street NW „ Suite 501, Washington, D.C. sary, applicant requests it be held at Hempstead County, Ark., to points in the 20036. Authority sought to operate as a Chicago, HI. United States (except Alaska and common carrier, by motor vehicle, over No. MC 114211 (Sub-No. 124), filed Hawaii). N ote: Applicant states no irregular routes, transporting: Acetone May 28, 1969. Applicant: WARREN duplicating authority is sought. Appli­ and phenol, in bulk, in tank vehicles, TRANSPORT, INC., 324 Manhard, Post cant further states it does not intend to from the plantsite of United States Steel Office Box 420, Waterloo, Iowa 50704. tack, and is apparently willing to accept Corp. at or near Haverhill (Scioto Applicant’s representative: Charles W. a restriction against tacking, if war­ County), Ohio, to points in Alabama, Singer, 33 North Dearborn, Suite 1625, ranted. If a hearing is deemed neces­ Arkansas, Connecticut, Delaware, Flor­ Chicago, HI. 60602. Authority sought to sary, applicant requests it be held at ida, Georgia, Illinois, Indiana, Iowa, operate as a common carrier, by motor Little Rock, Ark., or Memphis, Tenn. Kansas, Kentucky, Louisiana, Maryland, vehicle, over irregular routes, transport­ No. MC 111545 (Sub-No. 121), filed Massachusetts, Michigan, Minnesota, ing: (1) Tractors (except those with June 2, 1969. Applicant: HOME TRANS­ Mississippi, Missouri, New Hampshire, vehicle beds, bed frames, and fifth PORTATION COMPANY, INC., Post New Jersey, New York, North Carolina, wheels), (2) equipment designed for use Office Box 6426, Station A, Marietta, Ga. Ohio, Pennsylvania, Rhode Island, South in conjunction with tractors, (3) agri­ 30060. Applicant’s representative: Rob­ Carolina, Tennessee, Texas, Virginia, cultural, industrial and construction ert E. Bom, 1425 Franklin Road SE., West Virginia, and Wisconsin. N ote : Ap­ machinery, and equipment, (4) trailers Marietta, Ga. 30060. Authority sought to plicant states it does not intend to tack, designed for the transportation of the operate as a common carrier, by motor and apparently is willing to accept a above-described commodities (except vehicle, over irregular routes, transport­ restriction against tacking, if warranted. those trailers designed to be drawn by ing: Trailers designed to be drawn by I f a hearing is deemed necessary, appli­ passenger automobiles), (5) attach­ passenger automobiles and, buildings cant requests' it be held at Washington, ments for the above-described com­ complete or in sections, mounted on D.C. modities, (6) internal combustion en­ wheeled undercarriages, from points in No. MC 112696 (Sub-No. 49), filed gines, and (7) parts of the above-de­ Mecklenburg County, Va., to points in June 3, 1969. Applicant: HARTMANS, scribed commodities when moving in the United States (except Alaska and INCORPORATED, Post Office Box 898, mixed loads with such commodities, from Hawaii). N ote: Applicant states it does Harrisonburg, Va. 22801. Applicant’s rep­ the plant and warehouse sites and experi­ not intend to tack, and is'apparently resentative: James E. Wilson, 1735 K mental farms of Deere & Co. in Black willing to accept a restriction against Street NW., Washington, D.C. 20006. Au­ Hawk and Dubuque Counties, Iowa, to tacking, if warranted. No duplicating au­ thority sought to operate as a common points in Indiana, Ohio, Michigan, Ken­ thority sought. I f a hearing is deemed carrier, by motor vehicle, over irregular tucky, Tennessee, and Mississippi. Re­ necessary, applicant requests it be held routes, transporting: Meats, dairy prod­ striction: The above is restricted to traf­ at Washington, D.C. ucts, candy, frozen foods, and equipment fic originating at the plant and ware­ No. MC 112304 (Sub-No. 31), filed May and supplies used in the preparation and house sites, and experimental farms, 23,1969. Applicant: ACE DORAN HAUL­ serving of foods in restaurants and com­ named above. N ote: Applicant states it ING & RIGGING CO., a corporation, missaries, and equipment and sup­ does not intend to tack, and is ap­ 1601 Blue Rock Street, Cincinnati, Ohio plies used in the manufacture of frozen parently willing to accept a restriction 45223. Applicant’s representative: A. foods, between New York, N.Y., on the against tacking, if warranted. I f a hear­ Charles Tell, 100 East Broad Street, one hand, and, on the other, Washington, ing is deemed necessary, applicant re­ Columbus, Ohio 43215. Authority sought D.C., restricted to traffic originating at quests it be held at Chicago, HI. to operate as a common carrier, by motor or destined to plants or storage facilities No. MC 114211 (Sub-No. 125), filed vehicle, over irregular routes, transport­ of Frank G. Shattuck Co. of New York. June 9, 1969. Applicant: WARREN ing: Gun mounts and related equipment N ote: I f a hearing is deemed necessary, TRANSPORT, INC., 324 Manhard requiring special equipment or special applicant requests it be held at Wash­ Street, Post Office Box 420, Waterloo, handling, between Louisville, Ky., and ington, D.C. Iowa 50704. Applicant’s representative: Crane, Ind., on the one hand, and, on the No. MC 114019 (Sub-No. 196), filed Charles W. Singer, 33 North Dearborn other, Long Beach, San Diego, and San June 3, 1969. Applicant: MIDWEST Street, Suite 1625, Chicago, HI. 60602. Francisco, Calif.; Bremerton, Wash.; EMERY FREIGHT SYSTEM, INC., 7000 Authority sought to operate as a com­ Boston, Mass.; Charleston, S.C.; Norfolk, South Pulaski Road, Chicago, 111. 60629. mon carrier, by motor vehicle, over ir­ Va., and Jacksonville, Fla. N ote: Appli­ Applicant’s representative: Carl L. regular routes, transporting: Agricul­ cant states it does not intend to tack, Steiner, 39 South La Salle Street, Chi­ tural implements, agricultural machin­ and is apparently willing to accept a re­ cago, HI. 60603. Authority sought to ery, and parts for agricultural imple­ striction against tacking, if warranted. operate as a common carrier, by motor ments and agricultural machinery, from If a hearing is deemed necessary, appli­ vehicle, over irregular routes, transport­ the plantsite and warehouse facilities of cant requests it be held at Washington, ing: Vegetable oils, and products thereof, Oliver Corp. located at or near South D.C. in bulk, in tank vehicles, (1) from the Bend, Ind., to ports of entry on the inter­ No. MC 112520 (Sub-No. 203), flledi plantsite of Central Soya Co., Inc., at or June 2, 1969. Applicant: McKENZIE near Decatur, Ind., to points in Hlinois, national boundary line between the

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9886 NOTICES

United States and Canada located at necessary, applicant requests it be held COLONIAL REFRIGERATED TRANS­ Port Huron, and Detroit, Mich. N ote: at Detroit or Lansing, Mich. PORTATION, INC., 1215 West Bank- Applicant states it does not intend to No. MC 115162 (Sub-No. 173), filed head Highway, Birmingham, Ala. 35201. tack, and is apparently willing to accept May 23, 1969. Applicant: POOLE Applicant’s representative: C. E. Wesley a restriction against tacking, if war­ TRUCK LINE, INC., Post Office Box 310, (same address as applicant). Authority ranted. Applicant further states it does Evergreen, Ala. 36401. Applicant’s repre­ sought to operate as a common carrier, not seek any duplicating authority for sentative: Robert E. Tate (same address by motor vehicle, over irregular routes, the purpose of sale or otherwise. I f a as applicant). Authority sought to oper­ transporting: Foodstuffs (except in hearing is deemed necessary, applicant ate as a common carrier, by motor ve­ bulk), in vehicles equipped with mechan­ does not specify a location. hicle, over irregular routes, transport­ ical refrigeration, from points in Colum­ No. MC 114365 (Sub-No. 5), filed ing: Gypsum building materials (except bia, Dutchess, and Ulster Counties, N.Y., June 2, 1969. Applicant: RAY ACKER­ in bulk) and materials used in the in­ to points in Virginia; North Carolina, MAN, 283 Roosevelt Street, Kingsford, stallation thereof, from Port Clinton, South Carolina, Florida, Georgia, Ala­ Mich. 49801. Authority sought to operate Ohio, to points in Kentucky, Tennessee, bama, Tennessee, Kentucky, Mississippi, as a contract carrier, by motor vehicle, Georgia, and Alabama. N o t e : Applicant Louisiana, Arkansas, Texas, and Okla­ over irregular routes, transporting: states it does not intend to tack, and homa. Restriction: Restricted to traffic Carbonated beverages, namely pop, selt­ is apparently willing to accept a restric­ -originating at the named originating zer, and soft drinks, in full straight and tion against tacking, if warranted. I f a Counties. The purpose of this republica­ mixed loads, from Milwaukee, Wis., to hearing is deemed necessary, applicant tion is to show Columbia County in lieu Kingsford (Dickinson County), Mich., requests it be held at Birmingham, Ala., of Hudson as previously published. N o te: and empty containers, on return, under or Washington, D.C. If a hearing is deemed necessary, appli­ contract with Rice Juice Co., Kingsford No. MC 115162 (Sub-No. 175), filed cant requests it be held at New York, (Dickinson County), Mich. N o t e : If a June 6,1969. Applicant: POOLE TRUCK N.Y., Washington, D.C., or Birmingham, hearing is deemed necessary, applicant LINE, INC., Post Office Box 310, Ever­ Ala. requests it be held at Milwaukee, Wis. green, Ala. 36401. Applicant’s represent­ No. MC 116763 (Sub-No. 150), filed No. MC 114608 (Sub-No. 24), filed ative: Robert E. Tate (same address as June 2, 1969. Applicant: CARL SUBLER May 28, 1969. Applicant: CAPITAL EX­ above). Authority sought to operate as TRUCKING, INC., North West Street, PRESS, INC., 1239 Randolph Avenue a common carrier, by motor vehicle, over Versailles, Ohio 45380. Applicant’s rep­ SW., Grand Rapids, Mich. 49507. Appli­ irregular routes, transporting: Clay resentative: Carl Subler (same address cant’s representative: Wilhelmina Bo- products, from East Canton, Ohio, to as above). Authority sought to operate ersma, 1600 First Federal Building, points in Alabama, Florida, Georgia, as a common carrier, by motor vehicle, Detroit, Mich. 48236. Authority sought to Mississippi, North Carolina, South Caro­ over irregular routes, transporting: Pota­ operate as a contract carrier, by motor lina, and Tennessee. N o t e : Applicant to products, and frozen vegetables, from vehicle, over irregular routes, transport­ states it does not intend to tack, and is Easton, Portland, Presque Isle, and ing: (A ) Aircleaners, coolers, other than apparently willing to accept a restriction Washburn, Maine, to points in Alabama, water evaporative type, dehumidifiers, against tacking, if warranted. I f a hear­ Arkansas, Delaware, Florida, Georgia, heaters other than portable, humidifiers ing is deemed necessary, applicant re­ Kentucky, Louisiana, Maryland, Missis­ or washers, with blowers or fans, from quests it be held at Montgomery or Mo­ sippi, New Jersey, New York, North Caro­ Grand Rapids, Mich., to points in Illi­ bile, Ala. lina, Pennsylvania east of U.S. Highway nois, Indiana, and Ohio, under contract No. MC 115838 (Sub-No. 6), filed May 15, South Carolina, Tennessee, Virginia, 28, 1969. Applicant: COMMODITY with Gibson Products Corp. and Kelvin- and the District of Columbia. N ote : Ap­ ator, Inc., and (B) materials, equipment, HAULAGE CORPORATION, 146-92 plicant states it does not intend to tack, and supplies used in the manufacture of New York Boulevard, Jamaica, N.Y. and apparently is willing to accept a the foregoing articles (except those 11434. Applicant’s representative: Her­ ^restriction against tacking, if warranted. which because of size or weight or inher­ bert Burstein, 160 Broadway, New I f a hearing is deemed necessary, appli­ ent nature require the use of special York, N.Y. 10038. Authority sought to cant does not specify a location. operate as a common carrier, by motor equipment or special handling), from No. MC 116859 (Sub-No. 8), filed vehicle, over irregular routes, trans­ points in Illinois, Indiana, and Ohio, to June 5,1969: Applicant: CLARK TRANS­ porting: General commodities (except Grand Rapids, Mich., under contract FER, INC., 829 North 29th Street, Phila­ those of unusual value, classes A and B with Gibson Products Corp. and Kelvin- delphia, Pa. 19130. Applicant’s represent­ explosives, commodities in bulk and ator, Inc. N o t e : Common control may be ative: V. Baker Smith and James W. involved. I f a hearing is deemed neces­ commodities requiring special equip­ Patterson, 2107 The Fidelity Building, sary, applicant requests it be held at ment) , between La Guardia Airport and Philadelphia, Pa. 19109. Authority sought Detroit or Lansing, Mich. John F. Kennedy International Airport, to operate as a common carrier, by motor N.Y., on the one hand, and, on the other, No. MC 114608 (Sub-No. 25), filed vehicle, over irregular routes, transport­ points in Suffolk County, N.Y., east of May 28, 1969. Applicant: CAPITAL EX­ ing: Pretzels, from Easton, Pa., to points New York Highway 111, except Calver- PRESS, INC., 1239 Randolph Avenue in Connecticut, Delaware, Maryland, SW., Grand Rapids, Mich. 49507. Appli­ ton, N.Y., between Newark Municipal Airport, Newark, N.J., on the one hand, Massachusetts, Michigan, New Hamp­ cant’s representative: Wilhelmina Bo- shire, New Jersey, New York, Ohio, Ver­ and, on the other, points in Nassau and ersma, 1600 First Federal Building, mont, West Virginia, and the District of Suffolk Counties, N.Y., between West­ Detroit, Mich. 48236. Authority sought Columbia. N o te : Applicant states it does chester County Airport, N.Y., on the one to operate as a contract carrier, by motor not intend to tack, and is apparently vehicle, over irregular routes, transport­ hand, and, on the other, points in Nas­ willing to accept a restriction against sau and Suffolk Counties, N.Y. (re­ ing: Machinery, parts, materials, and tacking, if warranted. I f a hearing is stricted to shipments having an imme­ supplies used in the manufacture of deemed necessary, applicant requests it diately prior or subsequent movement by household appliances (except those be held at Philadelphia, Pa. air, over irregular routes). N o t e : Appli­ which because of size or weight or inher­ No. MC 116859 (Sub-No. 9), filed ent nature require the use of special cant states it does not intend to tack, and apparently is willing to accept a June 4,1969. Applicant: CLARK TRANS­ equipment or handling), from Grand FER, INC., 829 North 29th Street, Phila­ Rapids, Mich., to Cleveland, Ohio; and restriction against tacking, if warranted. I f a hearing is deemed necessary, appli­ delphia, Pa. 19130. Applicant’s repre­ (b) refrigeration machinery and/or com­ sentative: V. Baker Smith, 2107 The pressors, from Grand Rapids, Mich., to cant requests it be held at New York, N.Y. Fedelity Building, Philadelphia, Pa. points in Illinois, Indiana, and Ohio. 19109. Authority sought to operate as a No. MC 115841 (Sub-No. 340) (Amend­ Restriction: The above service to be per­ common carrier, by motor vehicle, over ment) , filed January 10, 1969, published formed under a continuing contract or irregular routes, transporting: Maga­ in F ederal R egister issue of January 30, contracts with Kelvinator, Inc. N ote: zines, from Philadelphia, Pa., to Danville, Common control and dual operations 1969, amended May 28, 1969 and repub­ Lynchburg, and Roanoke, Va., Bluefield, may be involved. I f a hearing is deemed lished as amended this issue. Applicant: W. Va., and Durham and Winston-Salem,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9887

N.C. N o t e : Applicant states it does not irregular routes, transporting: (1) is dealth in by wholesale, retail, and intend to tack, and is apparently willing Dairy products, as described in section chain grocery, and food business houses to accept a restriction against tacking, B of appendix I to the report in Descrip­ and equipment, materials and supplies if warranted. If a hearing is deemed tions in Motor Carrier Certificates, 61 used in the conduct of such business be­ necessary, applicant requests it be held M.C.C. 209, from Thayne, Wyo., to tween points in Montana. N o t e : Appli­ at Philadelphia, Pa. Victor, Idaho, and Salt Lake City, Utah, cant states it intends to tack with its No. MC 117119 (Sub-No. 415), filed and (2) pickles and pickle products, other authority where possible and to June 2, 1969. Applicant: W ILLIS SHAW when shipped with dairy products, from interline with other carriers. If a hear­ FROZEN EXPRESS, INC., Elm Springs, Salt Lake City, Utah, to points in Cali­ ing is deemed necessary, applicant re­ Ark. 72728. Applicant’s representative: fornia, Idaho, and Nevada. N ote : Appli­ quests it be held at Billings, Mont. Bobby G. Shaw, Post Office Box 188, Elm cant states it intends to tack at Victor, No. MC 118959 (Sub-No. 44), filed Springs, Ark. 72728. Authority sought to Idaho, and Salt Lake City, Utah, with its June 3, 1969. Applicant: JERRY LIPPS, operate as a common carrier, by motor authority in MC 117823 Sub 10, wherein INC., 130 South Frederick Street, Cape vehicle, over irregular routes, transport­ it is authorized to conduct operations in Girardeau, Mo. 63701. Applicant’s repre­ ing: Frozen cooked diced eggs, from the States of Nevada, Utah, California, sentative: James E. Lesh, 3737 North Monroe City, Mo., to points in Massachu­ and Idaho. I f a hearing is deemed neces­ Meridian Street, Indianapolis, Ind. 46208. setts, New York, Pennsylvania, Maryland, sary, applicant requests it be held at Authority sought to operate as a com­ Ohio, Indiana, Kentucky, Michigan, Illi­ Salt Lake City, Utah. mon carrier, by motor vehicle, over ir­ nois, Wisconsin, Minnesota, Iowa, Okla­ No. MC 117963 (Sub-No. 2), filed June regular routes, transporting: Building, homa, Texas, Louisiana, Colorado, Ari­ 3, 1969. Applicant: JAMES VISCONTI paving, and roofing materials, except in zona, California, Oregon, Washington, AND PETER VISCONTI, a partnership, bulk, from Chicago, 111., to points in doing business as VISCONTI BROS., Kentucky and Tennessee. N o t e : Appli­ and the District of Columbia. N o t e : Applicant states it does not intend to Morton Avenue, Rosenhayn, N.J. 08352. cant states it does not intend to tack, and tack, and is apparently willing to accept Applicant’s representative: Matthew is apparently willing to accept a restric­ a restriction against tacking, if war­ Aaron, 204 Feinstein Building, Bridge- tion against tacking, if warranted. I f a ranted. If a hearing is deemed necessary, ton, N.J. 08302. Authority sought to op­ hearing is deemed necessary, applicant applicant requests it be held at Kansas erate as a contract carrier, by motor ve­ requests it be held at Chicago, 111., or City, Mo., or Little Rock, Ark. hicle, over irregular routes, transport­ Tampa, Fla. ing: Bananas (1) from Wilmington, No. MC 118989 (Sub-No. 29), filed No. MC 117613 (Sub-No. 2), filed Del., to Philadelphia and Harrisburg, Pa., June 6, 1969. Applicant: CONTAINER May 29, 1969. Applicant: DONALD M. Rosenhayn, N.J., Baltimore, Md., New TRANSIT, INC., 5223 South Ninth Street, BOWMAN, JR., 5 North Clifton Drive, York, N.Y., and Boston, Mass., (2) from Milwaukee, -Wis. 53211. Applicant’s rep­ Williamsport, Md. 21795. Applicant’s rep­ Philadelphia, Pa., to Baltimore and resentative: Robert H. Levy, 29 South resentative: Donald E. Freeman, 172 East Landover, Md., and (3) from Port New­ La Salle Street, Chicago, 111. 60603. Au­ Green Street, Post Office Box 806, West­ ark, N.J., to Philadelphia, Pa., under thority sought to operate as a common minister, Md. 21157. Authority sought contract with West Indies Fruit Co., carrier, by motor vehicle, over irregular to operate as a contract carrier, by motor New York, N.Y. N o t e : If a hearing is routes, transporting: Containers and re­ vehicle, over irregular routes, transport­ deemed necessary, applicant requests it lated parts, from Valparaiso, Ind., to ing: Brick (except refractory brick) and be held at Philadelphia, Pa., or Washing­ points in Iowa, Michigan, Wisconsin, and tile, from Winchester, Va., to points in ton, D.C. Ohio. N o te : Applicant states it does not Delaware,’ Maryland, New Jersey, New No. MC 1181127 (Sub-No. 12), filed intend to tack, and is apparently willing York, Ohio, Pennsylvania, Virginia, West May 28, 1969. Applicant: HALE DIS­ to accept a restriction against tacking, Virginia, and the District of Columbia, TRIBUTING COMPANY, INC., 1315 if warranted. I f a hearing is deemed under contract with Shenandoah Brick East Seventh Street, Los Angeles, Calif. necessary, applicant requests it be held & Tile Corp. N ote : If a hearing is deemed Applicant’s representative: William J. at Chicago, HI. necessary, applicant requests it be held Augello, Jr., 36 West 44th Street, New No. MC 119765 (Sub-No. 17), filed at Washington, D.C. York, N.Y. 10036. Authority sought to June 2, 1969. Applicant: HENRY G. No. MC 117823 (Sub-No. 37), filed operate as a common carrier, by motor NELSEN, INC., 1548 Locust Street, Avoca, May 26, 1969. Applicant: DUNKLEY vehicle, over irregular routes, transport­ Iowa. Applicant’s representative: Joseph REFRIGERATED TRANSPORT, INC., ing : Frozen foods, from Blue Anchor and M. Scanlan, 111 West Washington Street, 240 West California Avenue, Salt Lake Garfield, N.J., Boston and Southboro, Chicago, HI. 60602. Authority sought to City, Utah 84120. Applicant’s representa­ Mass., and Philadelphia, Pa., to points operate as a common carrier, by motor tive: Lon Rodney Kump, 720 Newhouse in Los Angeles County, Calif. N o t e : Ap­ vehicle, over irregular routes, transport­ Building, Salt Lake City, Utah 84111. plicant states it does not intend to tack, ing : Meats, meat products, meat byprod­ Authority sought to operate as a com­ and is apparently willing to accept a re­ ucts, and articles distributed by meat mon carrier, by motor vehicle, over striction against tacking, if warranted. packinghouses, as defined in sections A irregular routes, transporting: Frozen I f a hearing is deemed necessary, appli­ and C of appendix 1, 61 M.C.C. 209 and foods, from points in California to Elko, cant requests it be held at Los Angeles, 766 (except commodities in bulk, in tank Ely, Sparks, and Winnemucca, Nev., and Calif. vehicles and except hides) from points in Jordan, Oreg. N o t e : Applicant states No. MC 118288 (Sub-No. 33), filed the Omaha, Nebr., Council Bluffs, Iowa, that it is presently authorized and it is June 2, 1969. Applicant: STEPHEN F. commercial zone to points in Illinois, presently serving all points of origin and FROST, Post Office Box 28, Billings, Indiana, Michigan, and Ohio. N o t e : all destination through the tacking of Mont. 59103. Authority sought to oper­ Applicant states it does not intend to existing authority and the purpose of this ate as a common carrier, by motor ve­ tack, and is apparently willing to accept instant application is to eliminate gate­ hicle, over irregular routes, transport­ a restriction against tacking, if war­ ways. Applicant further states that it ing: (1) Commodities, the transporta­ ranted. If a hearing is deemed necessary, would tack with its presently held au­ tion of which is partially exempt, pur­ applicant requests it be held at Omaha, thority. If a hearing is deemed necessary, suant to the provisions of section 203(b) Nebr., or Chicago, 111. applicant requests it be held at Salt (6) of the Interstate Commerce Act, No. MC 119777 (Sub-No. 153), filed Lake City, Utah. when moving in the same vehicle and at May 29, 1969. Applicant: LIGON SPE­ No. MC 117823 (Sub-No. 38), filed the same time with the commodities in CIALIZED HAULER, INC., Post Office June 2, 1969. Applicant: DUNKLEY (2) and (3 ); (2) meats, meat products, Drawer L, Madisonville, Ky. 42431. Appli­ Refrigerated TRANSPORT, INC., meat byproducts, and articles distrib­ cant’s representative: Louis J. Amato, 240 California Avenue, Salt Lake City, uted by meat packinghouses and com­ Post Office Box E, Bowling Green, Ky. Utah 84114. Applicant’s representa­ modities used by meat packers, as de­ 42101. Authority sought to operate as a tive: Lon Rodney Kump, 720 Newhouse scribed in sections A, C, and D of appen­ common carrier, by motor vehicle, over Building, Salt Lake City, Utah 84111. dix I to the report in Descriptions in irregular routes, transporting: (1) Car­ Authority sought to operate as a com­ Motor Carrier Certificates, 61 M.C.C. bon and graphite products, between mon carrier, by motor vehicle, over 209 and 766; (3) such merchandise .as Hickman, Ky., on the one hand, and, on

FEDERAL REGISTER, V O L 34, NO. 122— THURSDAY, JUNE 26, 1969 9888 NOTICES the other, points in Alabama, Florida, ing is deemed necessary, applicant re­ I f a hearing is deemed necessary, appli­ Illinois, Indiana, Michigan, New York, quests it be held at Wausau, Wis. cant requests it be held at Amarillo, New Jersey, North Carolina, Ohio, Penn­ No. MC 121427 (Sub-No. 6), filed Tex., or Oklahoma City, Okla. sylvania, Texas, West Virginia, Wiscon­ June 2, 1969. Applicant: M ISSISSIPPI No. MC 124069 (Sub-No. 8), filed June sin and, (2) equipment, materials, and FREIGHT LINES, INC., 210 Beatty 2, 1969. Applicant: CONCRETE DELIV­ supplies (except commodities in bulk) Street, Box 8802, Jackson, Miss. 39202. ERY CO., INC., 7 North Steelawanna used in the manufacture of carbon and Applicant’s representative: Shelby F. Avenue, Lackawanna, N.Y. 14218. Appli­ graphite products from the above named Bryant (same address as above). Author­ cant’s representative: William J. Hirsch, States to Hickman, Ky. N ote: Applicant ity sought to operate as a common car­ 43 Niagara Street, Buffalo, N.Y. 14202. also holds contract carrier authority rier, by motor vehicle, over regular Authority sought to operate as a com­ under MC 126970 and subs thereunder, routes, transporting: General commodi­ mon carrier, by motor vehicle, over irreg­ therefore dual operations may be in­ ties (except those of unusual value, ular routes, transporting: Cement, be­ volved. Applicant states it does not in­ classes A and B explosives, livestock, tween Buffalo, N.Y., on the one hand, tend to tack, and apparently is willing to commodities in bulk, commodities re­ and, on the other, points in New York, accept a restriction against tacking, if quiring special equipment, and those in­ and those in Cameron, Crawford, reifr, warranted. If a hearing is deemed neces­ jurious or contaminating to other Erie, Forest, McKean, Mercer, Potter, sary, applicant requests it be held at lad in g); (1) between Meridian, and Tioga, Venango, and Warren Counties, Louisville, Ky. Laurel, Miss., from Meridian over U.S. Pa. N ote: Applicant states it does not No. MC 120398 (Sub-No. 7), filed Highway 11 and/or Interstate Highway intend to tack, and is apparently willing June 2, 1969. Applicant: VALLEY EX­ 59 to Laurel, and return over the same to accept a restriction against tacking, PRESS, INC., Post Office Box 158, Scho­ route, serving all intermediate points, if warranted. I f a hearing is deemed nec­ field, Wis. 54476. Applicant’s representa­ and the off-route point of Stonewall, essary, applicant requests it be held at tive: Earle H. Haupt (same address as Miss., (2) between Laurel and Waynes­ Buffalo, N.Y. applicant). Authority sought to operate boro, Miss., from Laurel to Waynesboro over Mississippi Highway 84 and return No. MC 124341 (Sub-No. 2), filed June as a common carrier, by motor vehicle, 2, 1969. Applicant: LAWRENCE LAW­ over irregular and regular routes: Regu­ over the same route, serving all inter­ mediate points; and (3) between Merid­ YER, 757 North Indiana Street, Moores- lar routes: General commodities (ex­ ville, Ind. 46158. Applicant’s representa­ cept those of unusual value, classes A ian, and Waynesboro, Miss., from Meridian over U.S. Highway 45 to tives: Robert C. Smith, 620 Illinois Build­ and B explosives, household goods as de­ ing, Indianapolis, Ind. 46204, and Alki fined by the Commission, commodities in Waynesboro and return over the same route, serving all intermediate points. E. Scopelitis, 816 Merchants Bank Build­ bulk, and those requiring special equip­ ing, Indianapolis, Ind. 46204. Authority N ote : Applicant states it proposes to ment), (1) between Plover and Wausau, sought to operate as a contract carrier, Wis., over U.S. Highway 51, serving the join the above authority with present authority at Meridian, Miss., for serv­ by motor vehicle, over irregular routes, intermediate points of Whiting, Stevens transporting: Brick, cinder blocks, tile, Point, Rothschild, and Schofield, Wis.; ice or interchange at all points on its authorized routes. I f a hearing is deemed clay and clay products, shale and shale (2) between Stevens Point, Wis., and products, concrete and concrete prod­ Junction Wisconsin Highway 66 and necessary, applicant requests it be held at Meridian, or Jackson, Miss. ucts; (1) between the plantsite of Gen­ Wisconsin Highway 49 east of Rosholt, eral Shale Products of Indiana, Inc., at over Wisconsin Highway 66, serving all No. MC 121489 (Sub-No. 5), filed or near Mooresville, Ind., on the one intermediate points; (3) between North­ June 2, 1969. Applicant: NEBRASKA hand, and, on the other, points in Ken­ land, Wis., and Junction Wisconsin IOW A XPRESS, INC., 525 Jones Street, tucky, Illinois, Michigan, and Ohio; (2) Omaha, Nebr. Applicant’s representa­ Highway 39 and Wisconsin Highway 29 between the plantsite of General Shale tive: William S. Rosen, 630 Osborn east of Wittenberg, serving all inter­ Products Corp. at or near Coral Ridge, Building, St. Paul, Minn. 55102. Author­ mediate points; (4) between Wittenberg Ky., on the one hand, and, on the other, and Wausau, Wis., over Wisconsin High­ ity sought to operate as a common car­ rier, by motor vehicle, over irregular points in Indiana; restricted to a con­ way 29, serving all intermediate points, tinuing contract, or contracts, with Gen­ and (5) between Elderon, Wis., and routes, transporting: Corrugated con­ eral Shale Products of Indiana, Inc., and Junction U.S. Highway 51 and Wiscon­ tainers and parts thereof, from Omaha, sin Highway 153 east of Mosinee, over Nebr., to points in Colorado, Iowa, Kan­ General Shale Products Corp. N ote: If Wisconsin Highway 153, serving all in­ sas, South Dakota, and Wyoming and to a hearing is deemed necessary, applicant termediate points. Irregular routes: (a) points in that part of Missouri on and requests it be held at Indianapolis, Ind. Paper and paper, articles, dried lignin west of U.S. Highway 63. N ote: Applicant No. MC 125479 (Sub-No. 11), filed May pitch, dried yeast, cellulose or plastic states that it holds authority between all 28, 1969. Applicant: JOSEPH A. KORN- film, articles manufactured from cellu­ points in Nebraska and Omaha, Nebr., ACKER, doing business as KORN- lose or plastic film, and (b) materials, and if the instant application is granted, ACKER TRUCKING CO., 3050 West supplies, and equipment used or useful it could originate corrugated containers 10th Street, Waukegan, 111. Applicant’s in the manufacture, sale, or distribution at any point in Nebraska, tack at Omaha representative: Robert H. Levy, 29 South of the commodities described in (a ), be­ and deliver to points for which authority La Salle Street, Chicago, 111. 60603. Au­ tween Rhinelander, Wis., on the one is requested herein. I f a hearing is thority sought to operate as a contract hand, and, on the other, Green Bay, deemed necessary, applicant requests it carrier, by motor vehicle, over irregular Madison, Milwaukee, and Wausau, Wis., be held at Omaha, Nebr., or Sioux City, routes, transporting: Malt beverages and and points in the Chicago, HI., com­ Iowa. related advertising materials, (1) from mercial zone, as described by the Com­ No. MC 123392 (Sub-No. 16), filed the plantsite and/or facilities of An­ mission. N ote: Applicant now conducts June 2, 1969. Applicant: JACK B. heuser-Busch, Inc., at Columbus, Ohio, to Montgomery, Addison, Arlington regular route operations transporting KELLY, doing business as JACK B. general commodities, with exceptions, KELLY CO., 3801 Virginia, Amarillo, Heights, Waukegan, and Chicago, 111.» set forth above, under the pertinent pro­ Tex. 79109. Applicant’s representative: and (2) from the plantsite and/or facili­ visions of section 206(a)(7) of the In­ Grady L. Fox, 222 Amarillo Building, ties of Anheuser-Busch, Inc., at St. terstate Commerce Act, as amended, Amarillo, Tex. 79109. Authority sought Louis, Mo., to Chicago, 111., and empty under a certificate of registration issued to operate as a common carrier, by motor bottles on return, from Montgomery, Ad­ on August 6, 1965, in Docket No. MC- vehicle, over irregular routes, transport­ dison, Arlington Heights, Waukegan, and 120398 (Sub-No. 1). Applicant here seeks ing: Carbon monoxide in bulk, from Chicago, 111., to the plantsites of An­ heuser-Busch, Inc., at St. Louis, Mo., a certificate in lieu of its existing certifi­ Newark, Calif., Joliet, 111., East Ruther­ and Columbus, Ohio, under contract cate of registration because of the ir­ ford, N.J., and Houston, Tex., including regular route operations proposed above, with Marg-Ann, Inc. N ote: I f a hearing their commercial zones, to points in the is deemed necessary, applicant requests involving operations not solely within a continental United States. N ote: Appli­ single State. Applicant states it intends cant states it does not intend to tack, it be held at Chicago, 111. to tack with its Sub 4 and 5 at either and is apparently willing to accept a No. MC 125628 (Sub-No. 1), filed June Wausau or Wittenberg, Wis. I f a hear­ restriction against tacking, if warranted. 4, 1969. Applicant: S. S. BAIRD & SONS,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9889

LIMITED, 437 Aberdeen Street, Fred­ Post Office Box 120, Curwensville, Pa. quests it be held at Portland, Oreg., or ericton, New Brunswick, Canada. Appli­ 16833. Applicant’s representative: Tom San Francisco, Calif. cant’s representative: Francis E. Barrett, B. Kretsinger, 450 Professional Building, No. MC 127042 (Sub-No. 37), filed Jr., Investors Building, 536 Granite Kansas City, Mo. 64106. Authority sought June 6, 1969. Applicant: HAGEN, INC., Street, Braintree, Mass. 02184. Author­ to operate as a contract carrier, by motor 4120 Floyd Boulevard, Post Office Box 6, ity sought to operate as a common car­ vehicle, over irregular routes, transport­ Leeds Station, Sioux City, Iowa 51108. rier, by motor vehicle, over irregular ing: (1) Cheese, processed cheese, cheese Applicant’s representative: Joseph W. routes, transporting: Precast concrete ingredients, additives, materials and Harvey (same address as applicant). beams, joints and tees, lumber, steel, supplies; dry acids and dry chemicals, Authority sought to operate as a com­ structural steel and steel articles, and cleaning compounds and salt; corn meal mon carrier, by motor vehicle, over irreg­ materials and supplies used in the in­ mush, oleo, margarine, dried milk, plas­ ular routes, transporting: Milk, cream, stallation of the described commodities, tic cream, salad dressings, vinegar, dried and vegetable oil compounds, dessert top­ from the ports of entry on the interna­ cheese, fish bait, butter, advertising ma­ pings, and coffee whitener (a nondairy tional boundary line between the ’United terials and supplies, and commodities product), from Kansas City, Mo., to States and Canada, located at or near exempt under section 203(b)(6) of the points in Arizona, California, Colorado, Calais, Houlton, and Vanceboro, Maine, Interstate Commerce Act when moving Idaho, Illinois, Iowa, Indiana, Kansas, to points in Maine, New Hampshire, Ver­ in the same vehicle; (2) containers, Michigan, Minnesota, Missouri, Mon­ mont, Massachusetts, Rhode Island, packaging, shipping materials, liners and tana, Nebraska, Nevada, North Dakota, Connecticut, New York, and New Jersey. pallets, (3) machinery, equipment, ma­ Oregon, South Dakota, Utah, Washing­ Note: I f a hearing is deemed necessary, terials and supplies used in or in connec­ ton, Wisconsin, and Wyoming. N ote: applicant requests it be held at Portland, tion with the processing, manufacture, Applicant states it does not intend to Maine, or Boston, Mass. research, development, operation, main­ tack, and is apparently willing to accept No. MC 125708 (Sub-No. 115), filed tenance, and distribution of cheese and a restriction against tacking, if war­ May 28,1969. Applicant: HUGH MAJOR, cheese products, between Los Angeles ranted. If a hearing is deemed necessary, 150 Sinclair Avenue, South Roxana, 111. and San Francisco, Calif.; Denver, Colo.; applicant requests it be held at Kansas 62087. Authority sought to operate as a New Haven, Conn.; Atlanta, Ga.; Somer­ City, Mo., Omaha, Nebr., or Sioux City, common carrier, by motor vehicle, over ville, Mass.; Clinton, Mo.; Portland, Iowa. irregular routes, transporting: Iron and Oreg.; Curwensville and Philadelphia, No. MC 127042 (Sub-No. 38), filed steel and iron and steel articles, between Pa.; Murfreesboro, Franklin, Tulahoma, June 6, 1969. Applicant: HAGEN, INC., Mount Clare, 111., and 5 miles thereof and and Woodbury, Term.; San Antonio, 4120 Floyd Boulevard, Post Office Box 6, points in the United States (except Tex.; Wellsville, Utah; Seattle, Wash.; Leeds Station, Sioux City, Iowa 51108. Alaska and Hawaii). N ote: Applicant and Marathon and Green Bay, Wis.; on Authority sought to operate as a com­ states it would join the sought authority the one hand, and, on the other, points mon carrier, by motor vehicle, over irreg­ with any authority held wherever the in the United States (except Alaska and ular routes, transporting: Meat, meat possibility existed to serve the public. Hawaii), and (4) cheese, cheese prod­ products and meat byproducts and arti­ Applicant further states it seeks no du­ ucts, and cheese food compounds, be­ cles distributed by meat packinghouses, tween points in the United States (except plicate authority. I f a hearing is deemed as described in sections A and C of ap­ necessary, applicant requests it be held Alaska and Hawaii), under contract with Clearfield Cheese Co. of Curwensville, pendix I to the report in Descriptions to at Washington, D.C. M otor Carrier Certificates, 61 M.C.C. 209 Pa., and its various affiliated corpora­ No. MC 125788 (Sub-No. 3) filed June and 766 (except hides and commodities in tions. N ote: Applicant states that Clear­ 2, 1969. Applicant: RAYMOND A. bulk, in tank vehicles), from Clay Cen­ HARSCH, INC;, 53 Evans Avenue, El- field Cheese Co. operates plants and dis­ tribution facilities at several points in ter and Wichita, Kans., to points in mont, N.Y. 11003. Applicant’s represent­ Arizona, California, Colorado, Idaho, atives: Morton E. Kiel, 140 Cedar Street, the United States, and in most cases, these plants are separately incorporated. Illinois, Iowa, Indiana, Kansas, Michi­ New York, N.Y. 10006, and Douglas M il­ gan, Minnesota, Missouri, Montana, Ne­ ler, 14 Front Street Hempstead, N.Y. It is proposed that all of the corporations will enter into mutual contract with the braska, Nevada, North Dakota, Oregon, 11550. Authority sought to operate as a South Dakota, Utah, Washington, Wis­ contract carrier, by motor vehicle, over contract carrier. Applicant further states consin, and Wyoming. N ote: Applicant irregular routes, transporting: New fur­ that the supporting shipper and its a f­ filiated company are presently engaged states it does not intend to tack, and is niture and furniture parts, from Oden- apparently willing to accept a restriction ton and Savage, Md., to points in Massa­ in private carriage and that the purpose of this instant application is to convert against tacking, if warranted. I f a hear­ chusetts, Rhode Island, Connecticut, New ing is deemed necessary, applicant re­ York, New Jersey, Pennsylvania, Dela­ the operations into regulated carriage so quests it be held at Wichita, Kans., or ware, District of Columbia, and Virginia, that the same contract carrier entity will Kansas City, Mo. and returned shipments in the opposite be to serve Clearfield Cheese Co. and its direction, under contract with National affiliated corporations in for-hire rather No. MC 127042 (Sub-No. 39), filed Industries, Inc. N ote: I f a hearing is than private carriage. I f a hearing is June 6, 1969. Applicant: HAGEN, INC., deemed necessary, applicant requests it deemed necessary, applicant requests it 4120 Floyd Boulevard, Post Office Box 6, be held at Washington, D.C. be held at Kansas City, Mo., or Wash­ Leeds Station, Sioux City, Iowa 51108. No. MC 126154 (Sub-No. 5), filed June ington, D.C. Applicant’ s representative: Joseph W. 6,1969. Applicant: DOMENIC MARCHI, No. MC 126715 (Sub-No. 1), filed May Harvey (same address and applicant). 508 North Stephenson Avenue, Iron 26, 1969. Applicant: TRANSPORT Authority sought to operate as a com­ Mountain, Mich. 49801, Authority sought SERVICE, 6395 Southeast Alberta, Post mon carrier, by motor vehicle, over ir­ to operate as a common carrier, by mo­ Office Box 06179, Portland, Oreg. 97206. regular routes, transporting: Meat, meat tor vehicle, over irregular routes, trans­ Applicant’s representative: John G. products, and meat byproducts and ar­ porting: Malt beverages, namely beer McLaughlin, 624 Pacific Building, Port­ ticles distributed by meat packinghouses and ale; and carbonated beverages, land, Oreg. 97204. Authority sought to as described in sections A and C of ap­ namely soda water, pop, and soft drinks, operate as a common carrier, by motor pendix I to the report In Description in from Minneapolis, and St. Paul, Minn., vehicle, over irregular routes, transport­ Motor Carrier Certificates, 61 M.C.C. 209 to points in Marquette County, Mich. ing : Asphalt and road oil, from points in and 766 (except hides and commodities Note: Applicant states it does not in­ Jackson County, Oreg!, to points in in bulk, in tank vehicles), (1) from Hartley and Spencer, Iowa, to points in tend to tack, and is apparently willing to Modoc, Siskiyou, Del Norte, Humboldt, Kansas and Missouri; and (2) from the accept a restriction against tacking, if Trinity, and Shasta Counties, Calif., and warranted. I f a hearing is deemed nec­ plantsite and storage facilities utilized Curry County, Oreg. N ote: Applicant essary, applicant requests it be held at by Greenlee Packing Co., at or near Milwuakee, Wis. states it does not intend to tack, and is Sioux Falls, S. Dak., to points in Illinois, No. MC 126322 (Sub-No. 2), filed May apparently willing to accept a restriction Indiana, Iowa, Kansas, Minnesota, 19. 1969. Applicant: CLEARFIELD against tacking, if warranted. I f a hear­ Missouri, Michigan, Nebraska, and Wis­ TRUCKING CO., INC., Meadow Street, ing is deemed necessary, applicant re­ consin. N ote: Applicant states it does

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122----- 7 9890 NOTICES not intend to tack, and is apparently authority sought. I f a hearing is deemed rials used to manufacture cosmetics, willing to accept a restriction against necessary, applicant requests it be held soaps, and bath powders, shipped in tacking, if warranted. I f a hearing is at Minneapolis, Minn. overseas containers and having prior deemed necessary, applicant requests it No. MC 128486 (Sub-No. 2), filed June movement to United States by water, be­ be held at Omaha, Nebr., Sioux City, 5, 1969. Applicant: LILY TRANSPORT tween steamship piers in New York, N.Y., Iowa, or Minneapolis, Minn. LINES, INC., 25 Denby Road, Boston commercial zone and Ramsey, N.J., No. MC 127047 (Sub-No. 8), filed (Allston), Mass. 02134. Applicant’s rep­ limited to shipments moving under con­ June 5, 1969. Applicant: ED RACETTE resentative: Frank J. Weiner, Investors tinuing contract with Vita Bath, Inc. & SON, INC., 5409 North Broadway, Building, 536 Granite Street, Braintree, N o t e : I f a hearing is deemed necessary, Wichita, Kans. 67214. Applicant’s repre­ Mass. 02184. Authority sought to operate applicant requests it be held at New sentative: John E. Jandera, 641 Harri­ as a contract carrier, by motor vehicle, York, N.Y. son, Topeka, Kans. 66603. Authority over irregular routes, transporting: (1) No. MC 133373 (Sub-No. 1), filed sought to operate as a common carrier, Glass bottles, (a) from Danielson, Conn.; May 28, 1969. Applicant: A. G. BRIGGS, by motor vehicle, over irregular routes, Bridgeton, Freehold, Jersey City, North doing business as BRIGGS TRUCK transporting: Axles, wheels, axle parts, Bergen, and Salem, N.J.; Elmira, N.Y.; LINE, Sidney, Iowa 51652. Applicant’s hub and drum assemblies, wheel rims, Knox and Marienville, Pa.; Coventry, representative: Robert E. Leonard, Sid­ and related parts and accessories, from R.I., and Lawrence, Mass., to Buckfield, ney, Iowa 51652. Authority sought to op­ Newton, Kans., to points in Colorado, Maine, and (b) from North Bergen, N.J., erate as a contract carrier, by motor Nebraska, South Dakota, Minnesota, to Lawrence, Mass.; (2) fruit juices and vehicle, over irregular routes, transport­ Missouri, Arkansas, Louisiana, Texas, fru it drinks (except in bulk), from ing: Crude oil in bulk, in tank vehicles, Oklahoma, Georgia, and Mississippi. Buckfield, Maine, to points in Connecti­ from Falls City, Nebr., and from oil well N o t e : Applicant states it does not in­ cut, Massachusetts, New Hampshire, and storage tanks located in Richardson tend to tack, and is apparently willing Rhode Island. Restriction: The opera­ County, Nebr., and points in Brown and to accept a restriction against tacking, tions authorized herein are limited to a Nemaha Counties, Kans., to points in if warranted. I f a hearing is deemed transportation service to be performed, Missouri, Nebraska, Kansas, South necessary, applicant requests it be held under a continuing contract, or con­ Dakota, and Iowa under contract with at Kansas City, Mo. tracts, with Lincoln Foods, Inc., of Law­ Carter-Waters Corp., Kansas City, Mo. No. MC 127057 (Sub-No. 1), filed rence, Mass. N ote : If a hearing is deemed N ote : If a hearing is deemed necessary, May 23, 1969. Applicant: MOTOR RAIL necessary, applicant requests it be held applicant requests it be held at Omaha, TRANSPORT INC., Post Office Box 1031, at Boston, Mass. Nebr., or Kansas City, Mo. Syracuse, N.Y. 13201. Applicant’s repre­ No. MC 129218 (Sub-No. 1), filed May No. MC 133655 (Sub-No. 2), filed sentative: Milton E. Diehl, 3610 Arling­ 29, 1969. Applicant: COMMERCIAL May 29, 1969. Applicant: TRANS-NA­ ton Boulevard, Arlington, Va. 22204. Au­ TELEVISION, INC., 3501 Sheridan TIONAL TRUCK, INC., 813 Oakwood thority sought to operate as a common Road, Youngstown, Ohio 44502. Appli­ Drive, Euless, Tex. 76039. Applicant’s carrier, by motor vehicle, over irregular cant’s representative: James R. Stiver- representative: Charles W.‘ Singer, 33 routes, transporting: General commodi­ son, 50 West Broad Street, Columbus, North Dearborn Street, Chicago, 111. ties, except classes A and B explosives; Ohio 43215. Authority sought to operate 60602. Authority sought to operate as a household goods as defined by the Com­ as a common carrier, by motor vehicle, common carrier, by motor vehicle, over mission, commodities in bulk, commodi­ over irregular routes, transporting: irregular routes, transporting: Meat, ties of unusual value, and those requir­ Household appliances and equipment, meat products, meat byproducts and ing special equipment, between Buffalo, household furniture and cabinets, sport­ articles distributed by meat packing­ Rochester, Syracuse, Utica, Elmira, and ing goods equipment, and musical instru­ houses, as defined by the Commission Binghamton, N.Y., on the one hand, and, ments, in retail delivery service, from the from points in Parmer County, Tex., to on the other, points in New York (ex­ plantsite and warehouse facilities of the points in California, Nevada, Arizona, cept New York, N.Y., and those in Nas­ Western Auto Supply, Inc., at or near Utah, Oregon, Washington, and Kansas. sau, Suffolk, Rockland, Westchester, Butler, Pa., to points in Mahoning and N ote : Applicant states it does not intend Orange, Putnam, Sullivan, Ulster, Dutch­ Trumbull Counties, Ohio. N o t e : Appli­ to tack, and is apparently willing to ac­ ess, St. Lawrence, Franklin, Clinton, cant states it does not intend to tack, and cept a restriction against tacking, if and Essex Counties, N.Y.), restricted to is apparently willing to accept a restric­ warranted. If a hearing is deemed neces­ shipments having an immediately prior tion against tacking, if warranted. I f a sary, applicant requests it be held at or subsequent movement by air. N o t e : hearing is deemed necessary, applicant DSflldtS Tex Applicant holds authority under No. requests it be held at Columbus, Ohio. No. MC 133655 (Sub-No. 3), filed May MC 127057 restricted to prior or sub­ No. MC 129475 (Sub-No. 5), filed 29, 1969. Applicant: TRANS-NATIONAL sequent movement by rail. Applicant June 2, 1969. Applicant: E. D. CARRELL, TRUCK, INC., 813 Oakwood Drive, states it does not intend to tack, and is doing business as CARRELL TRUCK­ Euless, Tex. 76039. Applicant’s repre­ apparently willing to accept a restriction ING CO., Post Office Box 186, Monroe, sentative: Charles W. Singer, 33 North against tacking, if warranted. If a hear­ Ga. 30655. Applicant’s representative: Dearborn Street, Chicago, 111. 60602. Au­ ing is deemed necessary, applicant re­ William Addams, Suite 527, 1776 Peach­ thority sought to operate as a com m on quests it be held at Syracuse, N.Y., or tree Street NW., Atlanta, Ga. 30309. Au­ carrier, by motor vehicle, over irregular Washington, D.C. thority sought to operate as a contract routes, transporting: Meat, meat prod­ No. MC 127812 (Sub-No. 4) (Amend­ carrier, by motor vehicle, over irregular ucts, meat byproducts, and articles dis­ ment) , filed April 6, 1969. Applicant: routes, transporting: Such merchandise tributed by meat packinghouses, as de­ TYSON TRUCK LINES, INC., 185 as is dealt in by retail department stores, fined by the Commission, from points in Fifth Avenue SW., New Brighton, Minn. between the warehouses of Sears, Roe­ Parmer County, Tex., to points in Mas­ 55112. Applicant’s representative: M i­ buck and Co., Atlanta, Ga., and Murphy, sachusetts, Pennsylvania, New Jersey, chael E. Miller, 502 First National Bank Franklin, and Sylva, N.C., under con­ New York, Florida, Georgia, North Caro­ Building, Fargo, N. Dak. 58102. Author­ tract with Sears, Roebuck and Co. lina, and South Carolina. N o t e : Appli­ ity sought to operate as a common car­ N o t e : I f a hearing is deemed neces­ cant states it does not intend to tack, rier, by motor vehicle, over irregular sary, applicant requests it be held at and is apparently willing to accept a re­ routes, transporting: Meats, meat prod­ Atlanta, Ga. striction against tacking, if warranted. ucts, meat byproducts; dairy products No. MC 129990 (Sub-No. 3), filed I f a hearing is deemed necessary, appli­ and articles distributed by meat packing­ June 6, 1969. Applicant: AL GAZZOLLE cant requests it be held at Dallas, Tex. houses (except hides and commodities in & SONS, INC., Pier 26 North River, New No. MC 133655 (Sub-No. 4), filed May bulk), from St. Paul, Minn., to Superior, York, N.Y. 10013. Applicant’s representa­ 29, 1969. Applicant: TRANS-NATIONAL Wis. N o t e : Applicant states it does not tive: Blanton P. Bergen, 137 East 36th TRUCK, INC., 813 Oakwood Drive, intend to tack, and apparently is willing Street, New York, N.Y. 10016. Authority Euless, Tex. 76039. Applicant’s repre­ to accept a restriction against tacking, if sought to operate as a contract carrier, sentative: Charles W. Singer, 33 North warranted. The purpose of this repub­ by motor vehicle, over irregular routes, Dearborn Street, Chicago, 111. 60602. Au­ lication is to broaden the scope of the transporting: Ingredients and raw mate­ thority sought to operate as a com m on

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9891 carrier, by motor vehicle, over irregular Md., to points in Maryland, the District carrier, by motor vehicle, over irregular routes, transporting: Meat, meat prod­ of Columbia, points in Adams, Cumber­ routes, transporting: Sporting goods and ucts, meat byproducts and articles dis­ land, Franklin, and York Counties, Pa., equipment and supplies, from John F. tributed by meat packinghouses, as de­ points in Arlington, Clarke, Fairfax, Fau­ Kennedy Airport, N.Y., to Elmsford, N.Y., fined by the Commission, from points in quier, Frederick, Loudoun, Prince W il­ restricted to shipments having prior Hale County, Tex., to points in North liam and Warren Counties, Va., and movement by air, under contract with Carolina, South Carolina,, Georgia, Flor­ points in Berkeley, Grant, and Jefferson Beoonta Inc. N o t e : If a hearing is ida, Pennsylvania, New Jersey, New York, Counties, W. Va., and returned ship­ deemed necessary, applicant requests it and Massachusetts. N o t e : Applicant ments of the above specified commodi­ be held at New York, N.Y., or Washing­ states it does not intend to tack, and is ties, from the above described destina­ ton, D.C. apparently willing to accept a restriction tion points to Frederick Junction, M d., No. MC 133786, filed May 26, 1969. Ap­ against tacking, if warranted. I f a hear­ Restriction: The operations herein are plicant: GENERAL CARTAGE, INC., ing is deemed necessary, applicant re­ limited to a transportation service to be Rural Route No. 10, Bloomington, Ind. quests it be held at Dallas, Tex. performed, under a continuing contract, 47401. Applicant’s representative: Don­ No. MC 133655 (Sub-No. 5), filed May or contracts, with the Wickes Lumber ald W. Smith, 900 Circle Tower, Indian­ 29, 1969. Applicant: TRANS-NATIONAL and Building Supplies Division of the apolis, Ind. 46204. Authority sought to TRUCK, INC., 813 Oakwood Drive, Wickes Corp., Frederick Junction, Md. operate as a common carrier, by motor Euless, Tex. 76039. Applicant’s represent­ N o t e : I f a hearing is deemed necessary, vehicle, over irregular routes, transport­ ative: Charles W. Singer, 33 North applicant requests it be held at Wash­ ing: General commodities (except com­ Dearborn Street, Chicago, 111. 60602. Au­ ington, D.C. modities in bulk) between Bloomington, thority sought to operate as a common No. MC 133761 (Sub-No. 1), filed May Ind., on the one hand, and, on the other, carrier, by motor vehicle, over irregular 28, 1969. Applicant: GEORGE A. points in Owens, Morgan, Brown, Jack- routes, transporting: Meat, meat prod­ LABAGH, 713 North Street, Middletown, son, Monroe, Lawrence, Greene, and ucts, meat byproducts and articles dis­ N.Y. 10940. Applicant’s representative: Martin Counties, Ind., restricted to traf­ tributed by meat packinghouses, as de­ Arthur J. Piken, 100-16 Jamaica Avenue, fic having an immediately prior or subse­ fined by the Commission, from points in Jamaica, N.Y. 11432. Authority sought to quent movement by rail. N o t e : I f a Hale County, Tex., to points in Washing­ operate as a contract carrier, by motor hearing is deemed necessary, applicant ton, Oregon, California, Nevada, Utah, vehicle, over irregular routes, transport­ requests it be held at Indianapolis. Ind. Arizona, Colorado, Kansas, and Missouri. ing: (1) Trailers, containers, and chas­ No. MC 133790, filed June 2, 1969. N o t e : Applicant states it does not in­ sis, from Middleton, N.Y., to Fairless Applicant: C AND G SHRIMPERIES tend to tack, and is apparently willing Hills and Philadelphia, Pa.; Norfolk, Va.; INC., 2364 Toussaint Avenue, Savannah, to accept a restriction against tacking, Baltimore, Md.; Port Jervis, N.Y., and Ga. 31404. Applicant’s representative: if warranted. I f a hearing is deemed points in the New York, N.Y., commercial Virgil H. Smith, 431 Title Building, necessary, applicant requests it be held zone, as defined by the Interstate Com­ Atlanta, Ga. 30303. Authority sought to o f TI q II q q * I 'PY merce Commission in 53 M.C.C. 451, operate as a common carrier, by motor No. MC 133670, filed April 21, 1969. within which local operations may be vehicle, over irregular routes, trans­ Applicant: DELBERT L. ARMSTRONG, conducted under the exemption provi­ porting: (1) Frozen foods and (2) com­ doing business as A & H DELIVERY sion provided by section 203(b) (8 ); and modities, the transportation of which is SERVICE, 2039 San Jose Avenue, Louis­ (2) trailers and trailer parts, from Fair­ partially exempt under the provisions of ville, Ky. 40216. Applicant’s representa­ less Hils, Pa., to Middletown, N.Y., all section 203(b) (6 )-of the Interstate Com­ tive: Warren C. Moberly, 1212 Fletcher under contract with Strick Corp. N o t e : merce Act if transported in vehicles not Trust Building, Indianapolis, Ind. 46204. I f a hearing is deemed necessary, appli­ used in carrying any other property, Authority sought to operate as a common cant requests it be held at New York, when moving in the same vehicle at the carrier, by motor vehicle, over irregular N.Y., or Philadelphia, Pa. same time with frozen foods, between routes, transporting: Retail merchandise No. MC 133776, filed May 21, 1969. points in Glynn and Chatham Counties, in retail deliveries only, from points in Applicant: ASSOCIATED TRANSFER Ga., and points in the United States (ex­ Jefferson County, Ky., to points in Floyd, & STORAGE, INC., 815 East University, cept Alaska and Hawaii). N o t e : Appli­ Harrison, Clark, Scott, and Washington Urbana, 111. 61801. Applicant’s repre­ cant states it does not intend to tack, Counties, Ind. Note: Applicant states it sentative: Carl L. Steiner, 39 South La and is apparently willing to accept a re­ does not intend to tack, and is ap­ Salle Street, Chicago, 111. 60603. Author­ striction against tacking, if warranted. parently willing to accept a restriction ity sought to operate as a common car­ I f a hearing is deemed necessary, appli­ against tacking, if warranted. I f a hear­ rier, by motor vehicle, over iiregular cant requests it be held at Atlanta or ing is deemed necessary, applicant re­ routes, transporting: Household goods, Brunswick, Ga., or Jacksonville, Fla. quests it be held at Louisviille, Ky. (1) between points in Iroquois, Vermil­ No. MC 133791, filed June 2, 1969. No. MC 133679, filed June 4, 1969. Ap­ lion, Edgar, Coles, Douglas, Champaign, Applicant: MIDWESTERN EXPRESS, plicant: B R TRUCKING COMPANY, Ford, McLean, De Witt, Piatt, Macon, INC., Box 189, Fort Scott, Kans. 66701. INC., 467 Greenwich Street, New York, and Moultrie Counties, 111., and (2) be­ Applicant’s representative: Harry Ross, N.Y. 10013. Applicant’s representative: tween points in Iroquois, Vermillion, 848 Warner Building, Washington, D.C. William D. Traub, 10 East 40th Street, Edgar, Coles, Douglas, Champaign, Ford, 20004. Authority sought to operate as a New York, N.Y. 10016. Authority sought McLean, De Witt, Piatt, Macon, and contract carrier, by motor vehicle, over to operate as a common carrier, by motor Moultrie Counties, 111., on the one hand, irregular routes, transporting: Such vehicle, over irregular routes,transport­ and, on the other, points in Illinois, re­ commodities as are 'manufactured, proc­ ing: Textiles, from the New York, N.Y., stricted to shipments having a prior or essed and/or dealt in by rubber manu­ commercial zone as defined by the Com­ subsequent movement beyond said points facturers, steel manufacturers, plastics mission, to points in Essex, Bergen, and in containers, and further restricted to and manufacturers, chemical manu­ Passaic Counties, N.J. N o t e : I f a hear­ pickup and delivery service incidental to facturers, and equipment, materials and ing is deemed necessary, applicant re­ and in connection with packing, crating, supplies used in the conduct of such busi­ quests it be held at New York, N.Y. and containerization or unpacking, un­ ness, between plantsites and storage fa­ No. MC 133685 (Sub-No. 2), filed May crating, and decontainerization of such cilities used by Firestone Rubber Co. 26, 1969. Applicant: CARROLL TRUCK­ shipments. N ote : I f a hearing is deemed and/or its subsidiaries located in Ala­ ING, INC., 8001 Douglas Avenue, Gaith­ necessary, applicant requests it be held bama, Arkansas, Connecticut, Dela­ ersburg, Md. 20760. Applicant’s repre­ at Chicago, 111. ware, Florida, Georgia, Illinois, Indi­ sentative: Martin Sterenbuch, 1120 Con­ No. MC 133785, filed May 28, 1969. ana, Iowa, Kansas, Kentucky, Lou­ necticut Avenue, Washington, D.C. 20036. Applicant: CONWAY TRUCKING COR­ isiana, Maine, Maryland, Massachu­ Authority sought to operate as a con­ PORATION, a corporation, 37 Second setts, Michigan, Minnesota, Mississippi, tract carrier, by motor vehicle, over Street, Lynbrook, N.Y. 11563. Applicant’s irregular routes, transporting: Lumber, representative: George A. Olsen, 69 Ton- Missouri, New Jersey, New York, North plumbing supplies and fixtures, and elec­ nele Avenue, Jersey City, N.J. 07396. Au­ Carolina, Ohio, Oklahoma, Pennsyl­ trical supplies, from Frederick Junction, thority sought to operate as a contract vania, Rhode Island, South Carolina,

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9892 NOTICES

Tennessee, Texas, Vermont, Virginia, sought to operate as a contract carrier, if warranted. I f a hearing is deemed West Virginia, Wisconsin, and New by motor vehicle, over irregular routes, necessary, applicant requests it be held Hampshire, on the one hand, and, on the transporting: (1) Petroleum, petroleum at Mineola, N.Y. other, points in Alabama, Arkansas, products, and antifreeze, (2) dispenser Application of W ater Carriers Connecticut, Delaware, District of Co­ and containers for the commodities de­ lumbia, Florida, Georgia, Illinois, Indi­ scribed in (1) above, (3) such commodi­ No. W-379 (Sub-No. 4), BAY CITIES ana, Iowa, Kansas, Kentucky, Louisiana, ties as are processed, packaged or dealt TRANSPORTATION COMPANY—Ex­ Columbia, Florida, Georgia, Illinois, in by processors or packagers of the com­ tension— Towage (2). Applicant: BAY Iowa, Kansas, Kentucky, Louisiana, modities described in (1) above, (4) CITIES TRANSPORTATION COM­ Maine, Maryland, Massachusetts, Michi­ such materials and supplies as are PANY, a corporation, Pier 32, San gan, Minnesota, Mississippi, Missouri, processed, packaged, utilized by or Francisco, Calif. 94105. Applicant’s New Jersey, New York, North Carolina, dealt in by processors or packagers representative: John G. Lyons, Mills Ohio, Oklahoma, Pennsylvania, Rhode of commodities described in (1) above Tower, San Francisco, Calif. 94104. Ap­ Island, South Carolina, Tennessee, or manufacturers or fabricators of the plication of Bay Cities Transportation Texas, Vermont, Virginia, West Virginia, commodities described in (2) above, be­ Co., filed June 9, 1969, subject of Part Wisconsin, and New Hampshire. N ote : tween Spencer, Iowa, and Omaha, Nebr,, i n of the Interstate Commerce Act, is Applicant is authorized to operate as a on the one hand, and, on the other, seeking a revised certificate authorizing common carrier under MC 128273 and points in the United States (except extension of its operations to include op­ subs, therefore, dual operations may be Hawaii and Alaska), under contract with erations as a common carrier by non­ involved. Applicant further states that Empak Industries, Inc. N ote: I f a hear­ self-propelled vessels with the use of sep­ authority sought herein would duplicate ing is deemed necessary, applicant re­ arate towing vessels, in interstate or for­ minute portions of authority now held quests it be held at Omaha or Lincoln, eign commerce, in the transportation of or sought in MC 128273 Subs 2, 6, 8, 9, Nebr. property generally, including the towing 11, 12, 14, 16, 17, 18, 21, 22, 25, 32, 35, No. MC 133803, filed June 6, 1969. Ap­ of vessels which applicant does not own, 39, 40, 41, 42, 43, and 44. If a hearing is plicant: B & W DISTRIBUTING COR­ rent or charter, between ports and points deemed necessary, applicant requests PORATION, 11 Franklin Avenue, Rye, on San Francisco Bay and its tributary it be held at Washington. D.C. N.Y. 10580. Applicant’s representative: waterways but not including Sacramento No. MC 133797, filed June 3, 1969. Arthur J. Piken, 160-16 Jamaica Avenue, arid Stockton, Calif., nor point on the Applicant: GEORGE A. STULL, 1785 Jamaica, N.Y. 11432. Authority sought to Sacramento and San Joaquin Rivers Old Forge, Niles, Ohio 44446. Applicant’s operate as a contract carrier, by motor above those ports. N ote : Applicant states representative: Lewis S. Witherspoon, 85 vehicle, over irregular routes, transport­ that should the Commission find that ap­ East Gay Street, Columbus, Ohio 43215. ing : Newspapers, magazines, periodicals, plicant already holds the authority to Authority sought to operate as a con­ newspaper supplements, circulars, leaf­ tow vessels which it does not own, rent tract carrier, by motor vehicle, over ir­ lets, catalogues, advertising matter, or charter, applicant will request that regular routes, transporting: New empty printed forms and calendars, from John this application be dismissed. steel and plastic containers, transformer F. Kennedy International Airport, La A pplications in WhicH Handling W ith­ tanks, container and transformer tank Guardia Airport, and New York, N.Y., out Oral H earing H as B een R equested ends, parts and accessories, steel coils and Jersey City, N.J., to points in New and sheets, paint and related materials, York, New Jersey, and Connecticut; un­ No. MC 123490 (Sub-No. 12), filed cartons and waste board, and materials der contract with Mark Associates, Inc., June, 2, 1969. Applicant: CHIP CAR­ involved in the manufacture of shipping Triangle Publications, and New Yorker RIERS, INC., 927 32d Avenue, Council containers, between Warren, Ohio, on the Magazine. N ote: I f a hearing is deemed Bluffs, Iowa 51501. Applicant’s repre­ one hand, and, on the other, points in necessary, applicant requests it be held sentative: Einar Viren, 904 City National Delaware, Florida, Georgia, Illinois, In ­ at New York, N.Y. Bank Building, Omaha, Nebr. 68102. diana, Kentucky, Maryland, Michigan, Authority sought to operate as a con­ M otor Carrier of P assengers New Jersey, New York, North Carolina, tract carrier, by motor vehicle, over Pennsylvania, South Carolina, Tennes­ No. MC 133784, filed May 26, 1969. Ap­ irregular routes, transporting: Chips, see, Virginia, West Virginia, and Massa­ plicant: T. C. AIRPORT LIMOUSINE twists, or puffs; fried porkskins; potato chusetts; under contract with The Ohio COMPANY, INCORPORATED, 2670 chips and bakery goods, (1) between Corrugating Co. N ote: If a hearing is South M-139 and Somerlayton Road, plants and warehouses of Frito-Lay, deemed necessary, applicant requests it Benton Harbor, Mich. 49022. Applicant’s Inc., in Oklahoma and Texas on the one be held at Cleveland or Columbus, Ohio. representative: Donald L. Bleich, 814 hand, and, on the other, plant and ware­ No. MC 133801, filed June 6, 1969. Ap­ Port Street, St. Joseph, Mich. 49085. Au­ houses of Frito-Lay, Inc., in Kansas, plicant: FEDERATION TRUCKING thority sought to operate as a common Missouri, Iowa, Nebraska, and Colorado, CORP., 457 Water Street; New York, carrier, by motor vehicle, over irregular (2) between plant and warehouses of N.Y. Applicant’s representative: Abel routes, transporting: Passengers and Frito-Lay, Inc., in Texas, and plant and Just, 11 Park Place, New York, N.Y. their excess baggage and newspapers for warehouses of Frito-Lay, Inc., in Okla­ 10007. Authority sought to operate as a purposes other than emergency contin­ homa, under contract with Frito-Lay, contract carrier, by motor vehicle, over uation of air transportation, from Ben­ Inc., of Dallas, Tex. irregular routes, transporting: Ski boots, ton Harbor/St. Joseph, Mich., area to No. MC 129384 (Sub-No. 1), filed ski poles, ski clothes, skis and track and Chicago, 111., and South Bend, Ind. N ote : June 2, 1969. Applicant: BETHANY EX­ field equipment, and related accessories, I f a hearing is deemed necessary, appli­ PRESS, ffNC., 616 South 22d Street, between shipper’s site at Elmsford, N.Y., cant did not specify location. Bethany, Mo. 64424. Applicant's repre­ on the one hand, and, on the other, No. MC 133792, filed June 2, 1969. Ap­ sentative: Tom B. Kretsinger, 450 Pro­ points in New York, N.Y.A commercial plicant: MID-ISLAND TRANSIT SYS­ fessional Building, 1103 Grand Avenue, zone as defined by the Commission in TEM, INC., 299 Main Street, Westbury, Kansas City, Mo. 64106. Authority sought 5th supplemental report 53 M.C.C. 451; N.Y. 11590. Applicant’s representative: to operate as a common carrier, by motor under contract with Beconta, Inc., and Arthur J. Piken, 160-16 Jamaica Avenue, vehicle, over regular routes, transport­ Sports Beconta, Inc. N ote : I f a hearing is Jamaica, N.Y. 11432. Authority sought to ing ‘.'General commodities (except those deemed necessary, applicant requests it operate as a common carrier, by motor of unusual value, classes A and B ex­ be held at New York, N.Y. vehicle, over irregular routes, transport­ plosives, household goods as defined by No. MC 133802, filed June 4, 1969. Ap­ ing: Passengers and their baggage, in the Commission, commodities in bulk, plicant: EMPAK TRANSPORTATION charter operations, from points in Nassau and those requiring special equipment) COMPANY, a corporation, 20th and and Suffolk Counties, N.Y., to points in (1) between the junction of U.S. High­ William Streets, Omaha, Nebr. Appli­ the United States (except Hawaii) and way 69 and Missouri Highway 6 and cant’s representative: Earl H. Scudder, return. N ote : Applicant states it does not Bethany, Mo., from the junction of U.S. Jr., Post Office Box 2028, 605 South 14th intend to tack, and is apparently willing Highway 69 and Missouri Highway 6 over Street, Lincoln, Nebr. 68501. Authority to accept a restriction against tacking, Missouri Highway 6 to junction Missouri

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9893

Highway 13, thence over Missouri High­ and also serving Clarinda, Iowa, as a after a determination will be made as to way 13 to junction U.S. Highway 136, point for joinder purposes only. whether an investigation is warranted in thence over U.S. Highway 136 to No. MC 133778, filed May 22, 1969. this matter. Bethany, and return over the same Applicant: ROBERT W. LAUSCH, do­ Notice of the filing of this petition will route, serving all intermediate points ing business as R. W. LAUSCH, Rural be given by publication in the F ederal and the junction of U.S. Highway 69 and Route No. 1, Post Office Box 25, Chanute, R egister. Missouri Highway 6 as a point for joinder Kans. 66720. Applicant’s representative: [ seal] H. N eil G arson, purposes only; (2) between Bethany, John L. Richeson, First National Bank Secretary. Mo., and Yorktown, Iowa, from Bethany Building, Ottawa, Kans. 66067. Author­ over U.S. Highway 136 to Princeton, Mo., ity sought to operate as a common car­ [F.R. Doc. 69-7550; Filed, June 25, 1969; thence over U.S. Highway 65 to junc­ rier, by motor vehicle, over irregular 8:49 a.m.J tion Iowa Highway 2, thence over Iowa routes, transporting: Greyhound dogs for Highway 2 to junction with unnumbered racing and breeding purposes and Grey­ [Notice 855} highway, thence over unnumbered high­ hound dog racing equipment, between way to Yorktown, and return over the points in Kansas, Oklahoma, Texas, MOTOR CARRIER TEMPORARY same route, serving all intermediate Colorado, Missouri, Nebraska, Arkansas, AUTHORITY APPLICATIONS points, and the off-route points of Cory- South Dakota, Massachusetts, Florida, June 23, 1969. don, Iowa; and Cainsville and Saline, and Arizona. Mo.; (3) between Eagleville, Mo., and The following are notices of filing of Leon, Iowa, over UJS. Highway 69, serv­ By the Commission. applications for temporary authority un­ ing all intermediate and the off-route [ seal} H. N eil G arson, der section 210a (a) of the Interstate points of Saline and Cainsville, Mo., Secretary. Commerce Act provided for under the new rules of Ex Parte No. MC-67 (49 serving Leon, Iowa, as a point for joinder [F.R. Doc. 69-7473; Filed, June 25, 1969; CFR Part 340), published in the F ederal purposes only; (4) between the junction 8:45 a.m.] of US. Highways 136 and 169 and Mount R egister, issue of April 27,1965, effective Ayr, Iowa, over US. Highway 169, serv­ July 1, 1965. These rules provide that ing all intermediate points and the off- [No. 35120} protests to the granting of an application must be filed with the field official named route points of Worth and Denver, Mo., MISSISSIPPI INTRASTATE RAIL and serving the junction of U S. High­ in the F ederal R egister publication, ways 136 and 169 and Mount Ayr, Iowa, FREIGHT RATES AND CHARGES, within 15 calendar days after the date for joinder purposes only; (5) between 1969 of notice of the filing of the application is published in the Federal R egister. One Stanberry, Mo., and the junction of Mis­ June 9; 1969. souri Highways 246 and 46, from Stan­ copy of such protest must be served on berry over US. Highway 136 to junction Notice is hereby given that the common the applicant, or its authorized repre­ Missouri Highway 46, thence over carriers by railroads shown below have, sentative, if any, and the protests must Missouri Highway 46 to its junction with through their attorneys, filed a petition certify that such service has been made. Missouri Highway 246, and return over with the Interstate Commerce Commis­ The protests must be specific as to the the same route, serving all intermediate sion, pursuant to section 13 and section service which such protestant can and points and the off-route points of Con­ 15a(2> of the Interstate Commerce Act, Will offer, and must consist of a signed ception and Conception Junction, Mo., to institute an investigation to determine original and six copies. for joinder purposes only; (6) between whether intrastate rates, fares, .and A copy of the application is on file, and the junction of US. Highway 71 and charges within the State of Mississippi can be examined at the Office of the Missouri Highway 27, and Bedford, Iowa, are unreasonably low to the extent that Secretary, Interstate Commerce Commis­ from junction US. Highway 71 and they do not reflect the general increase sion, Washington, D.C., and also in the Missouri Highway 27 over Missouri authorized in Ex Parte No. 256, Increased field office to which protests are to be Highway 27 to the Iowa State line, Freight Rates, 1967, 332 I.C.C. 280 (1968), transmitted. 329 I.C.C. 854 (1967). The petitioners are: thence over Iowa Highway 148 to Bed­ M otor Carriers of P roperty ford, and return over the same route, The Alabama Great Southern Railroad serving all intermediate points, and the Co.; Bonhomie and Hattiesburg Southern No. MC 30837 (Sub-No. 373 T A ), filed junction of US. Highway 71 and Mis? Railroad Co.; Columbus and Greenville June 18, 1969. Applicant: KENOSHA souri H ig h w a y 27, and Bedford, Iowa, Railway Co.; The Corinth and Counce AUTO TRANSPORT CORPORATION, for purposes of joinder only; (7) between Railroad Co.; Femwood, Columbia & 4200 39th Avenue, Kenosha, Wis. 53140. Hopkins, Mo., and the junction of Mis­ Gulf Railroad Co.; Gulf, Mobile and Ohio Applicant’s representative: Albert P. souri Highway 46 and U.S. Highway 69, Railroad Co.; Illinois Central Railroad Barber (same address as above). Author­ from Hopkins over Missouri Highway 27 CO.; Louisville and Nashville Railroad ity sought to operate at a common car­ to junction Missouri Highway 246, thence Co.; Meridian & Bigbee Railroad Co.; rier, by motor vehicle, over irregular easterly over Missouri Highway 246 to Mississippi & Skuna Valley Railroad routes, transporting: Motor vehicles, in Grant City, Mo., thence over Missouri Co.; Mississippi Export Railroad Co.; initial driveaway service, from Scotia, Highway 46 to junction US. Highway 69, Mississippian Railway; Missouri Pacific N.Y., to New Cumberland Army Depot, and return over the same route, serving Railroad Co. ; Pearl River Valley Railroad Pa., for 150 days. Supporting shipper: all intermediate points and the off-route Oo.; St. Louis-San Francisco Railway Leonard Hynes, Military Traffic Man­ points of Worth and Denver, Mo., and Co.; and Southern Railway Co. agement Terminal Service, Washington, Athelson and Blockton, Iowa, and serv­ Any persons interested in any of the p.C. Send protests to: District Super­ ing (a) Hopkins, Mo., (b) the junction matters in the petition may, on or before visor Lyle D. Heifer, Interstate Commerce of Missouri Highways 46 and 246; Cc) 30 days from the publication of this Commission, Bureau of Operations, 135 Grant City, Mo., and (d) the junction notice in the F ederal R egister, file re­ West Wells Street, Room 807, Milwaukee, plies to the petition supporting or op­ Wis. 53203. of Missouri Highway 46 and US. High­ posing the determination sought. An way 69 for joinder purposes only; and No. MC 51146 (Sub-No. 138 T A ), filed original and 15 copies of such replies June 18, 1969. Applicant: SCHNEIDER (8) between points in the Kansas City, must be filed with the Commission and TRANSPORT & STORAGE, INC., 817 Mo.-Kans., commercial zone and Clar- must show service of two copies each McDonald Street, Green Bay, Wis. 54306. inda, Iowa, from points in Kansas City, upon the attorneys for the petitioners, Applicant’s representative: D. F. Mo., over Interstate Highway 29, to St. viz.: John H. Doeringer, 135 East 11th Martin (same address as above). Author­ Place, Chicago, HI. 60665 ; James L. Howe Joseph, Mo., thence over U S. Highway ity sought to operate as a common car­ t t t Post Office Box 1808, Washington, 71 to Clarinda, and return over the same D.C. 20013; W. A. Kimbrough, Jr., 104 St. rier, by motor vehicle, over irregular route, serving the intermediate point of Francis Street, Mobile, Ala. 36602; W. B. routes, transporting: Paper and paper St. Joseph, Mo. (restricted against serv­ Kopper, 906 Olive Street, St. Louis, Mo. products, from Nichols, Wis., to Green ice between the Kansas City, Mo.-Kans., 63101; and John F. Smith, 908 West Bay, Wis., for 180 days. N ote: Applicant commercial zone and St. Joseph, M o.), Broadway, Louisville, Ky. 40201. There­ intends to tack MC 51146 Sub No. 8 and

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9894 NOTICES

Sub No. 14 at Green Bay, Wis., and inter­ nesota, Mississippi, Missouri, Nebraska, line at Green Bay, Wis., with motor car­ North Dakota, Ohio, South Dakota, Ten­ DEPARTMENT OF HEALTH, EDU­ riers serving the west coast. Send protests nessee, and Wisconsin; and (2) from the to: District Supervisor Lyle D. Heifer, In ­ plantsite of Smith & Co. at or near Man­ terstate Commerce Commission, Bureau lius, 111., to points in Alabama, Arkansas, CATION, AND WELFARE of Operations, 135 West Wells Street, Georgia, Indiana, Iowa, Kansas, Ken­ Food and Drug Administration Room 807, Milwaukee, Wis. 53203. tucky, Michigan, Minnesota, Mississippi, No. MC 103993 (Sub-No. 424 T A ), filed .Missouri, Nebraska, New York, North FORT DODGE LABORATORIES June 18, 1969. Applicant: MORGAN Dakota, Ohio, Pennsylvania, South Da­ Notice of Withdrawal of Petition DRIVE AWAY, INC., 2800 West Lexing­ kota, Tennessee, Texas, and Wisconsin; ton Avenue, Elkhart, Ind. 46514. Appli­ (b) gravity flow farm boxes, including for Food Additives cant’s representative: Ralph H. Miller related parts and running gears and Pursuant to the provisions of the Fed­ (same address as above). Authority grinder mixers, from the plantsite of eral Food, Drug, and Cosmetic Act (se

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9895

[Docket No. F D C -D -1 1 1 ; NDA No. 14-241] dried black raspberries, and ingredient < j-l) Office of Operations and In ­ UN1MED, INC. not provided for by the standard of dustry Services. Develops compliance and identity for fruit jellies <21 CFR 29.2) surveillance programs covering the food Sere Tablets (Betahistine Hydro­ or preserves and jams (21 CFR 29.3), is and drug industries and other regulated chloride): Notice of Scheduling of amended to change the beginning and industries or areas of economic trade Second Prehearing Conference and ending dates of the permit. The term of activity. Fosters development of good the original permit (granted Apr. 18, manufacturing practices and improved Postponement of Date of Hearing 1969, to expire Aug. 1, 1969) is hereby food sanitation. Develops or coordi­ Pursuant to notice published in the amended to permit market testing for the nates the development of regulations, Federal R egister of June 10, 1969 (34 period from November 1,1969, to Novem­ model codes, and other standards cover­ F.R. 9140), and § 130.18 of the new-drug ber 1, 1970. The label states “Made from ing industry practices and for the con­ regulations (21 CFR 130.18), a prehear­ dried black raspberries.” trol of health hazards associated with ing conference was held in this matter Dated: June 19, 1969.- food, including shellfish and milk and on June 18, 1969. During this conference with interstate travel. Develops and car­ there came on for argument a motion by J. K. K irk, ries out programs designed to encourage Unimed, Inc., to postpone the hearing in Associate Commissioner compliance by industry on a voluntary this matter presently scheduled to com­ for Compliance. basis including the conduct of national mence on June 25, 1969 (34 F.R. 9140), [F.R. Doc. 69-7526; Filed, June 25, 1969; seminars and conferences, industry for a period of at least 75 days based upon 8:47 a.m.] workshops, and the implementation of the arguments advanced by respondent’s industry self-inspection and quality as­ surance programs. Develops and co­ counsel and over the objection of counsel Public Health Service for the Food and Drug Administration. ordinates studies to measure degree of It is concluded that reasonable grounds, CONSUMER PROTECTION AND EN­ compliance by regulated industries with as set forth in the transcript of the pre- VIRONMENTAL HEALTH SERVICE statutes and regulations enforced by the hearing conference proceedings, have Administration. been shown which warrant the postpone­ Statement of Organization, Functions, (i) Division of Operational Services. ment of the beginning date pf the hear­ and Delegations of Authority Develops or coordinates the development ing in this matter to July 29, 1969. In ad­ of compliance and surveillance programs Transfer of the Milk, Food, and Inter­ dition, it has been concluded with the covering the food and drug industries agreement of counsel representing both state Travel Programs from the Environ­ and other regulated industries or areas the respondent and the Government that mental Control Administration to the of economic trade activity. Fosters de­ an additional prehearing conference is Food and Drug Administration. velopment of good manufacturing prac­ necessary to expedite the conduct of the Part 3 (Consumer Protection and En­ tices and improved food sanitation. De­ hearing in this matter. vironmental Health Service) of the velops or coordinates the development of Therefore, it is hereby ordered that a Statement of Organization, Functions, regulations, model codes, and other second prehearing conference will be held and Delegations of Authority of the standards and guides covering industry beginning at 10 a.m., July 17, 1969, in Department of Health, Education, and practices and for the control of health Room 5169, North Building, Department Welfare (33 F.R. 19044-54 dated Dec. 20, hazards associated with food, including of Health, Education, and Welfare, 330 1968) is amended to transfer the milk, shellfish and milk and with interstate Independence Avenue SW., Washington, food, and interstate travel sanitation travel. Analyzes data and other in­ D.C. 20201, and it is further ordered that program and the Environmental Con­ formation concerning the degree of in­ the hearing in the matter of the proposal trol Administration to the Food and dustry compliance of the Commissioner of Food and Drugs Drug Administration. * * * * * to withdraw the approval of New-Drug * * * (j-2) Office of Control and Guidance. Application No. 14-241 for marketing the Section 3-B is amended as follows: Administers sanitary control programs drug Sere Tablets will begin at 10 a.m., Sec. 3-B Organization. * * * in milk and food sanitation, shellfish July 29,1969, in Room 5169, North Build­ * * * ~ ♦ * sanitation and interstate travel sanita­ ing, Department of Health, Education, tion, including the cooperative State- (2) Food and Drug Administration. and Welfare, 330 Independence Avenue Federal certification programs. Provides SW., Washington, D.C. 20201. * * * * * support and guidance in handling legal Dated: June 20,1969. (j) Bureau of Compliance. Developsactions and provides liaison between compliance and surveillance programs FDA, and the General Counsel and other W illiam E. B rennan, covering regulated industries and areas Government agencies in the conduct of Hearing Examiner. of related economic activity. Fosters de­ various enforcement actions. [F.R. Doc. 69-7504; Plied, June 25, 1969; velopment of good manufacturing prac­ (i) Division of Sanitation Control. 8:46 a.m.] tices and improved food sanitation. Provides advice and assistance in milk Develops or coordinates the development and food sanitation programs and ad­ of regulations, model codes, and other ministers the cooperative Interstate Milk OLD VIRGINIA, INC. standards covering industry practices Shippers Program designed to maintain Fruit Jelly and Jams Deviating From and for the control of health hazards a high quality of milk shipped in inter­ Identity Standards; Notice of associated with food, including shellfish state commerce. Administers the Na­ and milk and with interstate travel. De­ tional Shellfish Certification Program Amendment of Temporary Permit velops and carries out programs designed for the maintenance and improvement for Market Testing to encourage compliance by industry on of the sanitary quality of commercial Pursuant to § 10.5 (21 CFR 10.5) con­ a voluntary basis. Provides technical as­ shellfish. Administers the Interstate cerning temporary permits to facilitate sistance to public and public service in­ Travel Sanitation Program designed to market testing of foods deviating from stitutions and agencies for the control protect the health of travelers and of the requirements of standards of identity of hazards to health associated with crews on commercial transportation promulgated pursuant to section 401 (21 interstate shipment of food, including conveyances. Encourages the adoption U.S.C. 341) of the Federal Food, Drug, shellfish and milk and with interstate of adequate sanitation standards by and Cosmetic Act, notice is given that the travel. Provides support and guidance States and municipalities and provides temporary permit (notice of which was upon request to the district offices in the technical assistance to State and local handling of legal actions and provides agencies and to industries on sanitation published in the F ederal R egister of April 26, 1969; 34 F.R. 6985) held by Old headquarters case development, coordi­ problems and new developments which Virginia, Inc., Front Royal, Va. 22630, to nation, and contested case assistance. have public health significance. Stand­ Develops and coordinates studies to ardizes Regional Milk and Food Con­ cover interstate marketing tests of black measure degree of compliance by regu­ sultants who in turn standardize and raspberry jelly, apple-raspberry jelly, lated industries with statutes and regu­ certify State Milk and Food Service and black raspberry jam made from lations enforced by the Administration. Sanitation Survey Officers. Participates

FEDERAL REGISTER, VOL. 3.4, NO. 122— THURSDAY, JUNE 26, 1969 9896 NOTICES with industry health organizations and establish data for formulating criteria port Association (IA T A ), relating to spe­ others in the development of sanitary and standards. Conducts or participates cific commodity rates. The Board, in standards for the design and construc­ in research, investigations and demon­ deferring action on the agreement, tion of dairy and food equipment. strations to control environmental haz­ granted 10 days in which interested per­ * * * * * ards to health. Collects epidemiological sons may file petitions in support of or (1) Bureau of Science. Plans, develops information and maintains an informa­ in opposition to the Board’s proposed and administers a program of scientific tion resource of statistical data on en­ action. support for FDA activities. Develops vironmental hazards to health. Plans, No petitions have been received within scientific standards and conducts re­ conducts, and supports a program to con­ the filing period, and the tentative con­ search relating to the composition, trol injuries caused by environmental sit­ clusions in Order 69-3-38 will herein be quality, and safety effects of foods, drugs, uations, human behavior and community made final. cosmetics, and pesticides. Conducts re­ environments. Assists in the development Accordingly, it is ordered, That: search designed to improve the detec­ of manpower and training needs for com­ Agreement CAB 20806, R-26 through tion, prevention, and control of con­ munity environmental management. R-30, be, and it hereby is, approved, pro­ tamination that may be responsible for * ♦ * * * vided that approval shall not constitute illness conveyed by foods including milk (g-4) (The Division of Food, Milk, and approval of the specific commodity de­ and dairy products. Reviews industry Interstate Travel Sanitation is abolished scriptions contained therein for purposes petitions and recommends the promulga­ and its functions transferred). of tariff publication. tion of regulations for food standards * * * * * This order will be published in the F ed­ and to permit safe use of color additives, Effective date: This amendment is ef­ eral R e g ister . food additives, and pesticides. Conducts fective on the date of its publication in laboratory activities in connection with [ s e a l ] M abel M cC art, the F ederal R eg ist e r . antibiotics, insulin, and color certifica­ Acting Secretary. tion program. Provides expert advice Dated: June 19,1969. [F.R. Doc. 69-7544; Filed, June 25, 1969; and scientific services to other organiza­ 8:49 am .] J o h n D. R. C o l e , tional components with respect to re­ Deputy Assistant Secretary search, technological developments and for Personnel and Training. [Docket No. 18650; Order 69-6-111] the interpretation of scientific informa­ tion. Designs and participates in collab­ [F.R. Doc. 69-7513; Filed, June 25, 1969; INTERNATIONAL AIR TRANSPORT orative studies to establish the reliabil­ 8:46 a.m.] ASSOCIATION ity of new analytical methods. Initiates or participates in the formulation of Order Regarding Specific Commodity regulatory programs. Performs analyses Rates of regulatory samples as may be neces­ CIVIL AERONAUTICS BOARD [Docket No. 21010] Issued under delegated authority sary to support FDA’s compliance pro­ June 20, 1969. grams. Cooperates With Association of LAKER AIRWAYS LTD. Official Analytical Chemists (AOAC) By Order 69-6-39, dated June 9, 1969, and similar scientific societies. Notice of Hearing action was deferred, with a view toward * * * * * eventual approval, on certain resolutions Notice is hereby given, pursuant to the adopted by the International Air Trans­ (1-3) Division of Microbiology. Orig­ provisions of the Federal Aviation Act of port Association (IA T A ), relating to spe­ inates, plans, and conducts research to 1958, as amended, that a public hearing cific commodity rates. In deferring determine nature, extent, and signifi­ in the above-entitled proceeding is as­ action on the agreement, 10 days were cance of microbial and other microscopic signed to be held on July 17, 1969, at granted in which interested persons contaminants in foods and drugs; stud­ 10 a.m., e.d.t., in Room 805, Universal might file petitions in support of or in ies causes and develops, methods for Building, 1825 Connecticut Avenue NW., opposition to the proposed action. detection and prevention of food poison­ Washington, D.©., bef ore the undersigned No petitions have been received within ing. Devises microanalytical and biologi­ examiner. the filing period, and the tentative con­ cal methods for the analysis of foods, For information concerning the issues clusions in Order 69-6-39 will herein be drugs, and cosmetics. Develops proce­ involved and other details of this pro­ made final. dures for protecting foods including milk ceeding, interested persons are referred Accordingly, it is ordered, That: and other dairy products against con­ to the various documents which are in Agreement CAB 20745, R-78 and R-79, tamination; evaluates and improves con­ the docket of this case on file in the be, and it hereby is, approved: Provided, cepts and methods used in food Docket Section of the Civil Aeronautics protection. Conducts research into the Board. That approval shall not constitute ap­ technological and engineering aspects of proval of the specific commodity descrip­ food processing procedures designed to Dated at Washington, D.C., June 20, tions contained therein for purposes of eliminate contamination that may be re­ 1969. tariff publication. sponsible for food borne illness. Conducts [ s e a l ] A r t h u r S. P r e s e n t , This order will be published in the F ed­ reviews for standardization and certifica­ Hearing Examiner. eral R eg ist e r . tion, of State and local milk and food [F.R. Doc. 69-7543; Filed, June 25, 1969; [ s e a l ] M abel M cC art, laboratories and officials are required. 8:49 a.m.] Operates the National Center for Micro­ Acting Secretary. biological Analysis. [F.R. Doc. 69-7545; Filed, June 25, I960; * * * * * [Docket No. 18650; Order 69-6-110] 8:49 a.m.] (3) Environmental Control Adminis­ INTERNATIONAL AIR TRANSPORT tration. * * * ASSOCIATION [Docket No. 20462] * * * * * Order Regarding Specific Commodity SEAGREEN AIR TRANSPORT, LTD. (g) Bureau of Community Environ­ Rates Notice of Prehearing Conference mental Management. Formulates and establishes criteria and recommends Issued under delegated authority A prehearing conference in the above- standards for sustaining man’s health June 20,1969. entitled proceeding was held on Decem­ By Order 69-6-38, dated June 9, 1969, and well-being in the living environment ber 18, 1968, and the Examiner issued a action was deferred, with a view toward prehearing conference report on Decem­ of the community. Conducts and parti­ eventual approval, on certain resolutions ber 27, 1968. Because of a defect in the cipates in studies and demonstrates to adopted by the International Air Trans­ application of Seagreen, it was necessary

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9897 for the applicant to file an amended ap­ upon the application by that time pur­ domestic public radio services applica­ plication. This matter was processed suant to the first alternative earlier date. tion accepted for filing, is directed to through diplomatic channels and The mutual exclusivity rights of a new § 21.27 of the Commission’s rules for Amendment N o .. 1 to Docket 20462 was application are governed by the earliest provisions governing the time for filing filed on April 21, 1969. Therefore, a sec­ action with respect to any one of the and other requirements relating to such ond prehearing conference will be held earlier filed conflicting applications. pleadings. The attention of any party in interest on July 2, 1969, at 10 a.m., e.d.s.t., in F ederal C ommunications desiring to file pleadings pursuant to Room 911, Universal Building, 1825 Con­ C o m m is s io n , necticut Avenue NW., Washington, D.C., section 309 of the Communications Act [ s e a l ] B e n F . W a p l e , before the undersigned Examiner. of 1934, as amended, concerning any Secretary. Appendix A of the Examiner’s Pre- hearing Conference Report which was APPENDIX served on December 27, 1968, sets forth Applications Accepted foe Filing the Bureau’s request for information and evidence. If there is any additional in­ DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE formation the Bureau now seeks, this File No., applicant, call sign, and nature of application request should be submitted to the Examiner and all parties on or before 7559— C2—P-(3)-69— James D. and Lawrence D. Garvey doing business as Radiofone (New), June 27, 1969. C.P. for a new 2-way station to be located at corner O’Keefe and Howard Streets, New Orleans, La., to operate on base frequencies 454.125, 454.175, 454.200 MHz. Dated at Washington, D.C., June 23, 7560— C2—MP-69— New Jersey Bell Telephone Co. (KEA761), Modification of C.P. to add 1969. auxiliary test station at 95 William Street, Newark, N.J., to operate on frequencies 459.425, 459.475, 459.575 MHz. [ s e a l ] Ross I. N e w m a n n , Hearing Examiner. 7561— C1/C2-TC—(2)-69— Nocona Telephone Co. (KLB696), Consent to transfer of control from: D. G. Gardner, Jr., Sue Gardner Parsons, N. R. Parsons, and Mabel H. Gardner, [F.R. Doc. 69-7546; Filed, June 25, 1969; Transferors, to: Allied Telephone Co., Transferee. (2-way station, Nocona, Tex.) 8:49 a.m.] 7564— C2-P-69— Cincinnati Radio Telephone Systems, Inc. (KQK710), C.P. to relocate base station operating on frequency 152.03 MHz from: Location No. 2— 2324 Madison Road, Cincinnati, Ohio, to: Location No. 1—Eighth Street and Matson Avenue, Cincinnati, Ohio. FEDERAL COMMUNICATIONS 7565— C2-P-69—Liberty Communications, Inc. (KCC485), C.P. to change antenna location for base station 454.05 MHz from existing location No. 2, to a new site described as COMMISSION location No. 3: Booth Hill Road, Trumbull, Cqnn. [Report No. 445] 7566— C2—P— (3) —69— The Pacific Telephone & Telegraph Co. (KMA745), C.P. to add base frequency 454.55 MHz at location No. 2: 99 Moultrie Street, San Francisco, Calif., and COMMON CARRIER SERVICES at location No. 3: Daly City Reservoir No. 5, near Palisades Drive and Westmoor Drive, INFORMATION 1 Daly City, Calif. Also add auxiliary test station at 1587 Franklin Street, Oakland, Calif., to operate on test frequency 459.55 MHz. Domestic Public Radio Services Appli­ 7584—C2—P—(3 )—69— Texas Mobile Telephone Co. (New), C.P. for a new 2-way station to be cations Accepted for Filing 2 located on hill west of trail Modrones Road, about 7,000 feet west of Austin City, Austin, Tex. to operate on base frequencies 454.200, 454.250, 454.300 MHz. J u n e 23, 1969. Pursuant to §§ 1.227(b)(3) and 21.26 7613—C2-P-69— Mobile Telephone Co.'of Alabama (New), C.P. for a new 2-way station to (b) of the Commission’s rules, an appli­ be located at 1.5 miles west of Sumiton, Dora, Ala., to operate on frequency 152.21 MHz. cation, in order to be considered with any 7676-C2-P-69— The Mountain States Telephone & Telegraph Co. (New ), C.P. for new 2-way domestic public radio services applica­ station to be located at 11.5 miles east of Bozeman, Mont., to operate on frequency tion appearing on the attached list, must 152.66 MHz. be substantially complete and tendered 7678—C2-P-69— Mobile Radio System- of Ventura, Inc. (KMA835), C.P. to replace trans­ for filing by whichever date is earlier: mitter operating on base frequency 152.21 MHz at 7,000 feet north of Foothill and Day (a) The close of business 1 business day Road, Willis Canyon Peak, Ventura, Calif. preceding the day on which the Com­ 7979-C2-MP-(2)-69—The Pacific Telephone & Telegraph Co. (KMA744), Modification of mission takes action on the previously C.P. to change antenna system for the base frequency 454.40 MHz at location No. 2: filed application; or (b) within 60 days 1587 Franklin Street, Oakland, Calif., and location No. 3: Daly City Reservoir No. 5, after the date of the public notice listing near Palisades Drive and Westmoor Drive, Daly City, Calif. the first prior filed application (with 7699— C2-P-69— General Telephone Co. of the Southwest (New ), C.P. for a new 2-way station which subsequent applications are in to be located at 205 North Jackson Street, McCrory, Ark., to operate on frequency 152.78 conflict) as having been accepted for MHz. filing. An application which is subse­ 7700— C 2 -P -(3 )-69— Rhode Island Mobile Radio Service, Inc. (N ew ), C.P. for new 2-way quently amended by a major change will station to be located at W JA R -T V standby tower east of Pine Street, Providence, R.I., to be considered to be a newly filed applica­ operate on frequencies 454.100, 454.250, and 454.300 MHz. tion. It is to be noted that the cutoff 7701— C2—P—(3)—69—Texas Mobile Telephone Co. (New), C.P. for new 2-way station to be dates are set forth in the alternative— located at % mile north of Ingram Road and % mile west of Loop 410, San Antonio, applications will be entitled to considera­ Tex., to operate on base frequencies 454.250, 454.150, and 454.200 MHz. tion with those listed in the appendix if 7702— C2-TC-69—Lett Electronics, Inc. (KEK275), Consent to Transfer of Control from: filed by the end of the 60-day period, Clinton J. Lett, Jr., Donald F. Lett, and Royce Garand Lett, Transferors, to: Clinton J. only if the Commission has not acted Lett, Sr., Transferee. 7720- C2—P— (3) —69— Caprock Radio Dispatch (KK0353), C.P. to add base and repeater 1 All applications listed in the appendix stations at a new location identified as location No. 6: 3.5 miles southwest of Caprock, are subject to further consideration and re­ N. Mex. Base frequency 152.18 MHz. Repeater 459.15 MHz and add control facilities view and may be returned and/or dismissed 454.15 MHz at a new site location No. 7: 601 North Grimes Street, Hobbs, N. Mex. if not found to be in accordance with the Commission’s rules, regulations, and other 7721- C2-P-(3)-69—Radio Mobile Phones, Inc. (KKG412), C.P. to add base station at a requirements. new location identified as location No. 4: Preston Tower Building, 6211 West Northwest 3 The above alternative cutoff rules apply Highway, Dallas, Tex., to operate on frequencies 454.125, 454.225, and 454.275 MHz. to those applications listed in the appendix Major Amendment as having been accepted in Domestic Public Land Mobile Radio, Rural Radio, Point-to- 5066—C2—P—69— Credit Bureau of Decatur, Inc. (New), Amend to read: C.P. to operate on Point Microwave Radio, and Local Television frequency 152.24 MHz. All other particulars remain the same as reported on public notice Transmission Services (Part 21 of the rules). dated Mar. 102.1969, Report No. 430.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 ^Q, 122-----8 9898 RURAL RADIO SERVICE PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE (NOIJTELEPHONE) ——Co n tin u e d 7719-C1-P-69— Mountain Microwave Corp. (N ew ), C.P. for a new transmitting station at 7561— C1 /C2-TC- (2) -69— Nocona Telephone Co. (KKA25), Consent to transfer of control 1.2 miles north-northeast of Garden City, S. Dak. (lat. 44°58'30" N., long. 97°34'28" W .), from: D. G. Gardner, Jr., Sue Gardner Parson®, N. R. Parsons, and Mabel H. Gardner, to operate on frequencies 11,245, 11,325, and 11,405 MHz toward Lake Kampeska, S. Dak. Transferors, to: Allied Telephone Co., Transferee. (lat. 44°53'49" N., long. 97°11'05'' W .), on azimuth of 105°45'. (Information: Applicant 7562— Cl-P-69—Pacific Northwest Bell Telephone Co. (KOU52), C.P. to replace trans­ proposes to provide the TV signals of stations K W G N-T V, K O A-TV, and K BTV of Denver, mitter operating on 157.83 MHz at Big Lake 16.8 miles west-northwest of Sisters, Oreg. Colo., to Midcontinent Broadcasting Co. in Lake Kampeska, S. Dak.) POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) Major Amendment 7563— C l—P/ML—69— Southwestern Bell Telephone Co. (KAD26), C.P. and modification of 1633- C1-P-69— Mountain Microwave Corp. (N ew ), Application amended to delete Lake license to add frequency 6062.5 MHz toward (K T W U -T V ) Topeka, Kans. Station location: Hendricks, S. Dak., as point of communication, and add Toronto, S. Dak. (lat. 44°36'22'' Third and Oakley Streets, Topeka, Kans. N., long. 96°40'52" W .) as a new point of communication on frequency 11,135 MHz and 7567— C l-P-69— Illinois Bell Telephone Co. (N ew ), C.P. for a new fixed station to be azimuth of 244° 10'. Transmitter location: 0.5 mile southeast of Montevideo, Minn. located at 1.1 miles west-northwest of Woodstock, 111., to operate on frequencies 5989.7 1634- C1-P-69— Mountain Microwave Corp. (N e w ), Amended to change site location from and 11,605 MHz toward Silver Lake, 111. t.qirp Hendricks to Toronto, S. Dak., as described above, and add frequency 11,625 MHz, 7568— Cl—P—69— Illinois Bell Telephone Co. (KVU52), C.P. to add frequencies 6093.5 and via power split, toward three new points of communication at (a) De Smet, S. Dak. 10.915.0 MHz toward Collinsville, 111. Station location: 213 East Third Street, Alton, 111. (lat. 44°26'29" N., long. 97°37'10" W .), on azimuth of 256°15'; (b ) Brookings, S. Dak. 7569— C1-P-69— Illinois Bell Telephone Co. (KVU31), C.P. to add frequencies 6345.5 and (lat. 44°18'50" N., long. 96°46'55" W .), on azimuth of 190°40'; and (c) Lake Kampeska 11.365.0 m w * toward Alton, 111. Station location: 203 Goethe Avenue, Collinsville, 111. (Watertown), S. Dak. (lat. 44°53'49" N„ long. 97°11'05" W .), on azimuth of 308° 45'. 7585— C l-P-69— Illinois Bell Telephone Co. (N ew ), C.P. for a new fixed station to be lo­ Transmitter location,: 3 miles northwest of Toronto, S. Dak. cated at 3.3 miles north-northeast of Plano, 111., to operate on frequencies 6078.6 and 1635- C l—P-69— Mountain Microwave Corp. (N ew ), Amended to change site location from 11.565.0 m w * toward Wasco, 111., and frequencies 6019.3 and 11,365.0 MHz toward Lake Henry to De Smet, S. Dak., as described above, and add frequency 11,135 MHz, via Norway, 111. power split, toward points of communication at (a) Huron, S. Dak. (lat. 44°20'05'' N., 7586— C l—P—69—^-Illinois Bell Telephone Co. (K SN59), C.P. to add frequencies 6301.0 and » long. 98°14'00'' W .), on azimuth of 256°50'; and (b ) Redfield, S. Dak. (lat. 44°54'40" N„ 11,115 MHz toward Plano, HI. Station location: Town Hall Road, 2.5 miles southwest of long. 98°32'05" W .), azimuth of 306°30'. Transmitter location: 5 miles south of De Smet, S. Dak. (Informative: Applicant proposes to modify its original proposal to include Wasco, 111. the delivery of the TV signal station W TCN-TV, Minneapolis, Minn., to a CATV system 7680— C1-P/ML—69— The Chesapeake and Potomac Telephone Co. of Virginia (KJG53), C.P. to be operated by Oliver H. Riedel in Watertown, S. Dak., and KOTA Cable Co. in and modification of license to add 6115.5 MHz toward (WHRO-TV Studio) Norfolk, Va. Brookings, S. Dak. N o t e : Other particulars same as reported in public notice dated

Station location: 120 West Bute Street, Norfolk, Va. NOTICES Sept. 30, 1968. See also public notice dated Dec. 16, 1968, page 11 for notice of apparent 7681— C l—P/ML-69— The Chesapeake and Potomac Telephone Co. of Virginia (KIR29), C.P. mutual exclusivity with Minnesota Microwave, Inc,, file numbers 3481/3482-C1-P-69.) and modification of license to add frequency 6390 MHz toward (ETV Station WCVE) Richmond, Va. Station location: 703 East Grace Street, Richmond, Va. [F.R. Doc. 60-7555; Filed, June 25, 1969; 8:50 a.m.] 7682— Cl—MP—69—Puerto Rico Telephone Co. (WWZ32), Modification of C.P. to change the location of passive repeater from Cerro Maguelles to Cerro Lazo, PR ., on frequency has received an application from the 2124.0 MHz. All other terms to remain same as existing C.P. FEDERAL HOME LOAN BANK BOARD United Financial Corporation of Cali­ 7683— Cl-M P-69— Puerto Rico Telephone Co. (WWz29), Modification of C.P. to change [No. 22,981] fornia, Los Angeles, Calif., for approval azimuth to (Cerro Lazo) passive reflector to read: 81°53'. All other terms to remain same of the latter corporation’s acquisition of as existing C.P. UNITED FINANCIAL CORPORATION the La Mirada Savings and Loan Asso­ Major Amendment OF CALIFORNIA ciation, La Mirada, Calif., an insured 7027-C1-P-69— Carolina Telephone & Telegraph Co. (KJJ95), Change frequency 6115.7 institution, under the provisions of sec­ m w * toward Fountain Crossroads, N.C., to 6145.3 MHz. All other particulars same as Notice of Intention To Acquire La tion 408(e) of the National Housing Act, reported in public notice dated May 26,1969, Report No. 441. Mirada Savings and Loan Asso­ as amended (12 U.S.C. 1730(a)), and POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) ciation section 584.4 of the Regulations for Sav­ J u n e 19, 1969. ings and Loan Holding Companies (12 7675—Cl-P-69— Western Microwave, Inc. (KPR99), C.P. to power split frequencies 6060 and Resolved that the Secretary to the CFR sec. 584.4). The proposed acqui­ 6360 MHz toward Hardin, Mont., on azimuth 260°35'. Location: 3.5 miles northeast of sition would be effected by the exchange Sarpy, Mont., at lat. 45°50'27" N., long. 106°54'39'' W. (Informative: Applicant proposes Federal Savings and Loan ' Insurance Corporation is hereby directed to file the of stock of the United Financial Corpo­ to provide the television signals of stations K SL-T V and KUED of Salt Lake City, Utah, ration of California for the assets of La to Hardin, Mont., for delivery to TV Cable Associates, Inc.) following notice for publication in the Mirada Savings and Loan Association, 7705—Cl-P-69— Mountain Microwave Corp. (New), C.P. for a new transmitting station at F ederal R egister and with the Savings which assets will be transferred to United 2 miles north-northwest of Redfield, S. Dak. (lat. 44°54'40" N., long. 98°32'05" W .), to and Loan Commissioner, State of Savings and Loan Association of Cali­ operate on frequency 11,625 MHz toward Aberdeen, S. Dak. (lat. 45°28'50'' N., long. California: fornia, a subsidiary of United Financial 98°30'00'' W .), on azimuth of 02°28\ (Informative: Applicant proposes to provide the Corporation of California. Comments on U n it e d F in a n c ia l C o r po r a tio n o f TV signal of station WTCN-TV of Minneapolis, Minn., to Midcontinent Broadcasting Co. the proposed acquisition should be sub­ in Aberdeen, S. Dak. Note: See file Nos. 1633 through 1635-C1-P-69, page 9 of this C a lif o r n ia mitted to the Director, Office of Exami­ public notice.) n o t ic e of in t e n t io n to a c q u ir e nations and Supervision, Federal Home 7718-C1—P-69— Mountain Microwave Corp. (N ew ), C.P. for a new transmitting station at LA MIRADA SAVINGS AND LOAN ASSOCIATION Loan Bank Board, Washington, D.C. 2 miles north-northwest of Redfield, S. Dak. (lat. 44°54'40'' N., long. 98°32'05'' W .), to 20552, within 10 days of the date this operate on frequencies 10,715, 10,795, and 10,875 MHz toward Garden City, S. Dak. (lat. Notice is hereby given that the Federal 44°58'30" N., long. 97°34'28" W.^, on azimuth of 84°38'. / Savings and Loan Insurance Corporation notice appears in the F ederal R eg ister .

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9899

For the Federal Savings and Loan Francisco, Calif. Comments with ref­ Notice of receipt of the application was Insurance Corporation. erence to an agreement including a re­ published in the F ederal R eg ist e r on quest for hearing, if desired, may be sub­ April 5, 1969 (34 F.R. 6214), providing By the Federal Home Loan Bank mitted to the Secretary, Federal Mari­ an opportunity for interested persons to Board. time Commission, Washington, D.C. submit comments and views with re­ [ s e a l! J a c k C arter, 20573, within 10 days after publication of spect to the proposed transaction. A copy Secretary. this notice in the F ederal R eg ist e r . A of the application was forwarded to the [F.R. Doc. 69-7535; Filed, June 25, 1969; copy of any such statement should also U.S. Department of Justice for its con­ 8:48 a.m.] be forwarded to the party filing the sideration. Time for filing comments and agreement (as indicated hereinafter) views has expired and all those received and the comments should indicate that have been considered by the Board. this has been done. I t is hereby ordered, For the reasons ATOMIC ENERGY COMMISSION Notice of agreement filed for approval set forth in the Board’s Statement1 of by: this date, that said application be and [Dockets Nos. 50—342, 50-343] hereby is approved : Provided, That the Mr. F. J. Barry, General Traffic Department, acquisition so approved shall not be con­ CONSOLIDATED EDISON COMPANY United States Navigation Co., Inc., 17 Bat­ tery Place, New York, N.Y. 10004. summated (a) before the 30th calendar OF NEW YORK, INC. day following the date of this order, or Notice of Receipt of Application for Agreement No. 9802, between Ham- (b) later than 3 months after the date burg-American Line and North German Construction Permits and Facility of this order, unless such period is ex­ Lloyd, provides for the establishment of tended for good cause by the Board or by Licenses a joint service designated as the “ Hapag/ the Federal Reserve Bank of New York The Consolidated Edison Company of Lloyd Magellan Service”, to operate in pursuant to delegated authority. New York, Inc., 4 Irving Place, New York, the trade from U.S. Atlantic ports to ports in Chile under terms and condi­ Dated at Washington, D.C., this 18th N.Y. 10003, pursuant to section 104(b) day of June 1969. of the Atomic Energy Act of 1954, as tions set forth therein. In the case of amended, has filed an application, dated any trades or traffic within the scope of By order of thé Board of Governors.® June 3, 1969, for authorization to con­ this agreement where the rates, charges and practices are not prescribed by any [ s e a l ] R obert P . F orr estal, struct and operate a two-unit nuclear Assistant Secretary. power station at its 130-acre site on the conference to which the joint service is a party, the joint service shall establish [F.R. Doc. 69-7497; Filed, June 25, 1969; east side of the Hudson River in the 8:45 a.m.] town of Cortlandt, Westchester County, and maintain its own rates, charges and N.Y. The site is contiguous to the com­ practices. pany’s Indian Point site at Buchanan. Dated: June 23,1969. The proposed nuclear power station By order of the Federal Maritime FEDERAL POWER COMMISSION will consist of two identical boiling water [Docket No. RI69-802, etc.] nuclear reactors, designated by the appli­ Commission.' cant as Nuclear Units 4 and 5, each of F r a n c is C. H u r n e y , PERRY R. BASS ET AL. Assistant Secretary. which will have a net electrical output of approximately 1,115 megawatts derived [F.R. Doc. 69-7564; Filed, June 25, 1969; Order Providing for Hearings on and from a thermal capacity of approxi­ 8:50 a.m.] Suspension of Proposed Changes in mately 3,293 megawatts. Rates 1 A copy of the application is available J u n e 17, 1969. for public inspection at the Commission’s The Respondents named herein have Public Document Room, 1717 H Street FEDERAL RESERVE SYSTEM filed proposed increased rates and NW., Washington, D.C. BANKERS TRUST NEW YORK CORP. charges of currently effective rate sched­ ules for sales of natural gas under Com­ Dated at Bethesda, Md., this 19th day Order Approving Acquisition of Bank of June 1969. mission jurisdiction, as set forth in Ap­ Stock by Bank Holding Company pendix A hereof. For the Atomic Energy Commission. In the matter of the application of The proposed changed rates and P eter A . M o r r is, Bankers Trust New York Corp., New charges may be unjust, unreasonable, Director, York, N.Y., for approval of acquisition of unduly discriminatory, or preferential, Division of Reactor Licensing. all of the voting shares of Bank of or otherwise unlawful. The Commission finds: It is in the [F.R. Doc. 69-7492; Filed, June 25, 1969; Jamestown, Jamestown, N.Y. 8:45 a.m.] There has come before the Board of public interest and consistent with the Governors, pursuant to section 3(a) (3) Natural Gas Act that the Commission of the Bank Holding Company Act of enter upon hearings regarding the law­ 1956 (12 U.S.C. 1842(a)(3)), and fulness of the proposed changes, and that FEDERAL MARITIME COMMISSION § 222.3(a) of Federal Reserve Regulation the supplements herein be suspended and their use be deferred as ordered below. Y (12 CFR 222.3(a)), an application by HAMBURG-AMERICAN LINE AND The Commission orders: NORTH GERMAN LLOYD Bankers Trust New York Corp., New (A) Under the Natural Gas Act, par­ York, N.Y., a registered bank holding ticularly sections 4 and 15, the regula­ Notice of Agreement Filed for company, for the Board’s prior approval tions pertaining thereto (18 CFR Ch. I ) , Approval of the acquisition of all of the voting and the Commission’s rules of practice shares of Bank of Jamestown, James­ and procedure, public hearings shall be Notice is hereby given that the follow­ town, N.Y. ing agreement has been filed with the held concerning the lawfulness of the As required by section 3(b) of the Act, proposed changes. Commission for approval pursuant to the Board notified the Superintendent of section 15 of the Shipping Act, 1916, as Banks of the State of New York of the 1 Filed as part of the original document. amended (39 Stat. 733, 75 Stat. 763, 46 application and requested his views and U.S.C. 814). Copies available upon request to the Board recommendation. The New York State of Governors of the Federal Reserve System, Interested parties may inspect and ob­ Banking Board advised the Board of its Washington, D.C. 20551, or to the Federal tain a copy of the agreement at the action, consistent with a recommendation Reserve Bank of New York. Washington office of the Federal Mari­ made to it by the Superintendent, ap­ 2 Voting for this action: Chairman Martin time Commission, 1405 L Street N W , and Governors Robertson, Mitchell, Daane, Room 1202; or may inspect agreement at proving an application filed pursuant to Maisel, Brimmer, and Sherrill.' the offices of the District Managers, New the New York Banking Law with respect l Does not consolidate for hearing or dis­ York, N.Y.. New Orleans, La., and San to the same transaction. pose of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9900 NOTICES

(B) Pending hearings and decisions (C) Until otherwise ordered by the Federal Power Commission, Washington, thereon, the rate supplements herein are Commission, neither the suspended sup­ D.C. 20426, in accordance with the rules suspended and their use deferred until plements, nor the rate schedules sought of practice and procedure (18 CFR 1.8 to be altered, shall be changed until dis­ date shown in the “Date Suspended Un­ and 1.37(f)) on or before August 5, 1969. position of these proceedings or expira­ By the Commission. til” column, and thereafter until made tion of the suspension period. effective as prescribed by the Natural Gas (D) Notices of intervention or peti­ [ s e a l ] G o r d o n M . G r a n t , Act. tions to intervene may be filed with the Secretary.

A ppendix A

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

RI69-802-. Perry B. Bass (Oper- 6 15 Transwestern Pipeline Co. $970,937 5-19-69 26-19-69 11-19-69 »16.25 8 4 8 20.5 ator) et al., 1200 Fort (Keystone Plant Area, Wink­ •14.26 8 4 8 20.6 Worth National ler, Crane, Ward, and Reeves 7 14.67 8 4 1 20. 5 Bank Bldg., Fort Counties, Tex.) (RR. Dis­ 15,968 813.86 8 4 8 18.5 Worth, Tex. 76102. trict No. 8 and Bell Lake Field Area, Lea County, N. Mex.) (Permian Basin Area). 814.35 8 4 8 18.5 do...... 17 6 Transwestern Pipeline Co. ‘«134,844 5-22-69 2 6-22-69 11-22-69 « 13.48 8 4 44 17. 5 (Hamon Field, Reeves . 4216.49 8 4 « 20.5 County, Halley Field, Wink­ « 14.48 8 4 « 20. 5 ler County, Tex.) (RR. Dis­ trict No. 8) (Permian Basin RI69-803.- Hunting Oil Co., Inc., 1 44 3 The Ohio Fuel Gas Co. (Leba­ 3,600 5-21-69 2 6-21-69 11-21-69 25.0 u 1« 17 27.0 14701 Detroit Ave., non Township, Meigs County, Lakewood, Ohio 44107. Ohio). RI69-804-. Husky Oil Co. of 14 7 El Paso Natural Gas Co. (West 1,501 5-23-69 ‘8 6-25-69 11-25-69 2412.0454 w « 24 13.0454 Delaware, Post Kutz Pictured Cliffs Pool, Office Box 380, San Juan County, N. Mex.) Cody,Wyo. 82414. (San Juan Basin Area). ____do...... 15 7 ____do...... 1,013 5-23-69 « 6-25-69 11-25 69 24 12.0454 48 28 24 13.0454 ...... do...... 19 5 El Paso Natural Gas Co. 842 5-22-69 «6-22-69 11-22-69 24 12.0454 is 20 2113.0454 (Basin Dakota Pool, San Juan County, N. Mex.) (San Juan Basin Area). do...... 21 5 El Paso Natural Gas Co. 537 5-22-69 «6-22-69 11-22-69 24 12.0454 48 28 24 13.0454 (Angels Peak Gallup Pool, San Juan Basin County, N. Mex.) (San Juan Basin Area). RI69-805.. Husky Oil Co. of 20 4 El Paso Natural Gas Co. 8,211 5-23-69 « 6-25-69 11-25-69 28 13.0495 20 22 23 14. 0495 RI64-320. Delaware (Oper­ (Basin Dakota Pool, San ator) et al. Juan County, N. Mex.) (San Juan Basi'n Area). RI69-806.. Acoma Oil Corp. 5 9 El Paso Natural Gas Co. 1,650 5-23-69 « 8- 1-69 1- 1-70 14.99 4 24 15.99 (Operator) et al., (Drinkard Field, Lea County, Hamm Bldg., St. N. Me?.) (Permian Basin Paul, Minn. 55102. Area). RI69-807_____ do...... — . 10 10...... do...... (*) 5-26-69 « 8- 1-69 1- 1-70 14.99 4 24 15.99 RI69-808.. Ashland Oil & Refin- 122 6 Northern Natural Gas Co. 1,160 5-21-69 is 7_ i_69 12- 1-69 28 28 12.0 4« 28 88 13.01 RI68-117. ing Co. (Operator) (Guymon-Hugoton Field, et al., Post Office Texas, County, Okla.) (Pan­ Box 18695, Okla­ handle Area). homa City, Okla. 73118. RI69-809-. Atlantic Richfield 414 50 Michigan Wisconsin Pipe Line 273,255 5-22-69 2 6-22-69 11-22-69 27 20.5 4 « 27 28 23.015 RI66-305. Co. (Operator) et Co. (Laverne et al., Fields, al., Post Office Box Harper, and Beaver Counties, 521, Tulsa, Okla. Okla.) (Panhandle Area). 74102...... do...... 443 88 45 Michigan Wisconsin Pipe Line 489,358 5-22-69 2 6-22-69 11-22-69 27 *1 33 18. 9 4 1J 27 a l 33 24.1325 (S3). Co. (Woodward Area, Dewey 19,180 22 34 20. 5 4 10 27 32 34 24.1325 RI68-70. and Major Counties, Okla.) (Oklahoma“ Other” Area) and Woodward County, Okla.) (Panhandle Area)...... do...... 472 12 Lone Star Gas Co. (East Doyle 19,299 5-22-69 «6-22-69 11-22-69 8815.0 4 10 20 19. 015 Field, Stephens County, 867 17.9 4 48 19.015 RI68-624. Okla.) (Oklahoma “ Other” RI69-810-- Atlantic Richfield 431 29 El Paso Natural Gas Co. (Var­ 112,911 5-22-69 26-22-69 11-22-69 8419.0 4 10 20 34 23. 015 RT66-162. Co. ious Fields, Beaver and Ellis 8819.0 4 48 88 23.0 RI66-162. Counties, Okla. (Panhandle Area) and Lipscomb and Ochiltree Counties, Tex.) (RR. District No. 10)...... do...... 637 5 Lone Star Gas Co. (East 15 5-22-69 2 6-22-69 11-22-69 17.9 4 48 28 19.015 RI63-716. Durant Field, Bryan County, .Okla.) (Oklahoma“ Other” Area).

* The stated effective date is the first day after expiration of the statutory notice. 22 Periodic increase from rate inclusive of 1 cent per Mcf minimum guarantee for * Increase from applicable area ceiling rates to contract rates. liquids to rate exclusive of 1 cent per Mcf minimum guarantee for liquids. 4 Pressure base is 14.65 p.s.i.a. 28 Includes 0.0495 cent per Mcf tax reimbursement. * Keystone Field Area, Texas, new gas-well gas: 24 “Fractured” rate increase. Respondent contractually due 17.5 cents per Mcf on 8 Keystone Field Area, Texas, old gas-well gas and casinghead gas. Aug. 1,1969. 7 Crawar Field, Tex. 28 Well shut in by Conservation Commission—no volume given. 8 Bell Lake Field, N. Mex., Devonian Formation. 28 Subject to a downward B.t.u. adjustment. • 8 Bell Lake Field, N. Mex., Pennsylvanian Formation. 27 Includes 1-cent upward B.t.u. adjustment (1,100 B.t.u. gas). Base rate subject Filing does not include breakdown on volumes for types of gas. to 1/100-cent upward B.t.u. adjustment for each B.t.u. in excess of 1,000 B.t.u. and u Hamon Field, new gas-well gas. proportionate downward B.t.u. adjustment from 1,000 B.t.u.’s. u Halley Field, new gas-well gas. 28 Includes 0.01-cent tax reimbursement. 48 Halley Field, casinghead gas. 28 Includes 0.015-cent tax reimbursement. 14 Includes letter from the buyer providing for the increase. 80 Not applicable to acreage added by Supplement No. 42 to Atlantic’s Rate 48 Renegotiated rate increase. Schedule No. 443 (Orie C. Johnson Unit). * 18 Pressure base is 15.325 p.s.i.a. 81 Oklahoma “ Other” area production. 17 For volumes delivered in excess of 1,000 Mcf per month. Rate reduces to 25 cents 82 Includes 1.135-cent tax reimbursement. , for volumes delivered between 500 and 1,000 Mcf per month and 22 cents for less than 88 Effective subject to refund in Dockets Nos. RI67-316, RI68-636, and R I69-2 9 5for 500 Mcf per month. various acreage under contract. 18 The stated effective date is the effective date requested by Respondent. 84 Oklahoma Panhandle area production. 18 Periodic rate increase. 88 Applicable to acreage added by Supplements Nos. 9 and 10 to Atlantic’s Rate 80 Pressure base is 15.025 p.s.i.a. Schedule No. 472. 81 Includes 0.0495 cent per Mcf tax reimbursement. 88 Texas production. FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9901

Perry R. Bass (Operator) et al. (Bass) re­ mission and approval to abandon under unnecessary for Applicant to appear or quests waiver of the statutory notice to per­ section 7(b) of the Natural Gas Act per­ be represented at the hearing. mit his proposed rate increases to become mitting Applicant Transportation to G ordo n M . G r a n t , effective on May 19, 1969 (Supplement No. 15 abandon its pipeline facilities in favor Secretary. to Bass’ FPC Gas Rate Schedule No. 6) and May 22, 1969 (Supplement No. 6 to Bass’ of the acquisition thereof by Applicant El Paso, all as more fully set forth in the [F.R. Doc. 69-7493; Filed, June 25, 1969; FPC Gas Rate Schedule No. 17). Atlantic 8:45 a.m.] Richfield Co. (Operator) et al., and Atlantic application which is on file with the Richfield Co. (both referred to herein as At­ Commission and open to public inspec­ lantic) also request waiver of the statutory tion. [Dockets Nos. E-7482, E-7481 ] notice to permit an effective date of May 22, Applicant Transportation, a wholly 1969, for their proposed rate increases. Good owned subsidiary of Applicant El Paso, NORTHERN STATES POWER CO. cause has not been shown for waiving the ET AL. 30-day notice requirement provided in sec­ is seeking permission to abandon ap­ tion 4(d) of the Natural Gas Act to permit proximately 11.3 miles of 16-inch O.D. Notice of Application; Correction earlier effective dates for Bass and Atlantic’s pipeline, 1.6 miles of 2%-inch to 10% - rate filings and such requests are denied. inch pipeline, and various tap and meas­ J u n e 19, 1969. The basic contract related to the proposed uring and regulating facilities. Appli­ Northern States Power Co., Otter Tail rate inorease of Husky Oil Company of Dela­ cant El Paso states that it is no longer Power Co., and Minnkota Power Coop­ ware (Operator) et al. (Husky) contains a necessary or advantageous to continue 1 cent per Mcf minimum guarantee for erative, Inc. liquids provision but this 1 cent has been the separate operations of its subsidiary In the notice of application issued excluded from the proposed rate. Husky is and proposes to acquire and operate all May 23, 1969, and published in the F ed­ of the natural gas facilities of Applicant advised that a notice of change in rate will eral R e g ister , May 30, 1969 F.R. be required if he intends to collect the 1 cent Transportation by purchase thereof in 34(8382), in paragraph 2, line 5, change per Mcf m inim um guarantee for liquids in the amount of $240,864.03. Such cost “Minneapolis” to “Fergus Falls.” the future. See the Commission’s order issued represents the original book cost of such December 7, 1967, in Docket Nos. RI64-491 facilities less the sum of accumulated G o r d o n M . G r a n t , et al., Union Texas Petroleum, a Division depreciation and accrued reserve for Secretary. of Allied Chemical Corp. (Operator) et al. Hunting Oil Co., Inc. (Hunting) proposes deferred Federal income taxes, and will [F.R. Doc. 69-7494; Filed, June 25, 1969; an increase to 27 cents per ktcf at 13.325 be financed by current working funds. 8:45 a.m.] p.s.i.a. for a sale of gas in Eastern Ohio where Applicants state that no interruption no formal rate ceiling has been announced. or impairment of service to customers The gas is being produced from an area con­ will result, and the current rate sched­ [Docket No. CP69-336] tiguous with West Virginia where the in­ ules will be continued. Applicants also TRANSCONTINENTAL GAS PIPE LINE creased rate ceiling is 25 cents per Mlcf. The state no additional deliveries are in­ Commission has heretofore considered the CORP. West Virginia ceilings to be applicable to this volved in the proposal, and therefore, no area. We conclude that Hunting’s proposed change in Applicant El Paso’s gas supply Notice of Application rate increase should be suspended for 5 will result from the transaction. months from June 21, 1969, the expiration Any person desiring to be heard or to J u n e 19, 1969. date of the statutory notice. make any protest with reference to said Take notice that on June 13, 1969, All of the producers’ proposed increased application should on or before July 14, Transcontinental Gas Pipe Line Corp. rates and charges exceed the applicable area price levels for increased rates as set forth in 1969, file with the Federal Power Com­ (Applicant), Post Office Box 1396, Hous­ the Commission’s statement of general policy mission, Washington, D.C. 20426, a peti­ ton, Tex. 77001, filed in Docket No. No. 61-1, as amended (18 CPR 2.56), with tion to intervene or a protest in accord­ CP69-336 an application pursuant to sec­ the exception of the rate increase filed by ance with the requirements of the Com­ tion 7(c) of the Natural Gas Act for a Hunting, mentioned above, for which no mission’s rules of practice and procedure certificate of public convenience and ne­ formal ceiling rates have been established (18 CFR 1.8 or 1.10) and the regulations cessity authorizing the construction and for the area involved but exceeds the area under the Natural Gas Act (18 CFR 157.- operation of certain facilities and the increased rate ceiling for adjacent West Vir­ exchange of natural gas which will en­ ginia which has been used for similar cases in 10). All protests filed with the Commis­ the past, and the rate increases filed by the sion will be considered by it in determin­ able Applicant to connect additional re­ producers in the Permian Basin Area which ing the appropriate action to be taken serves to its existing marine system, off­ exceed the just and reasonable rates estab­ but will not serve to make the protestants shore Louisiana, all as more fully s*t lished by the Commission in Opinion No. 468, parties to the proceeding. Any person forth in the application which is on file as amended. wishing to become a party to a proceed­ with the Commission and open to public [F.R. Doc. 69-7429; Filed, June 25, 1969; ing or to participate as a party in any inspection. 8:45 a.m.] hearing therein must file a petition to Applicant states that it proposes to intervene in accordance with the Com­ purchase gas produced in the Block 215 mission’s rules. Field, Vermilion Area, offshore Louisi­ [Docket No. CP69-332] Take further notice that, pursuant to ana, pursuant to an executed gas pur­ EL PASO NATURAL GAS CO. AND the authority contained in and subject chase contract with Mobil Oil Corp. EL PASO GAS TRANSPORTATION to the jurisdiction conferred upon the (Mobil). In connection with this pur­ Federal Power Commission by sections pose, Mobil has reserved the right to CORP. 7 and 15 of thè Natural Gas Act and the require Applicant to deliver certain vol­ Notice of Application Commission’s rules of practice and pro­ umes to Mobil at a mutually agreeable cedure, a hearing will be held without point on Applicant’s existing system in J u n e 17,1969. further notice before the Commission on the vicinity of Mobil’s Beaumont Refin­ Take notice that on June 11, 1969, El this application if no petition to inter­ ery in Jefferson County, Tex., in ex­ Paso Natural Gas Co. (Applicant El vene is filed within the time required change for like quantities of gas deliv­ Paso) and El Paso Gas Transportation herein, if the Commission on its own ered by Mobil to Applicant in the Block Corp. (Applicant Transportation), both review of the matter finds that a grant 215 Field. having addresses of Post Office Box 1492, of the certificate is required by the pub­ Specifically, Applicant proposes to El Paso, Tex. 79999, jointly filed in lic convenience and necessity. I f a peti­ construct and operate approximately 28 Docket No. CP69-332 an application for tion for leave to intervene is timely filed, miles of 20-inch pipeline extending from (1) a certificate of public convenience or if the Commission on its own motion its existing facility in Block 49A, South and necessity pursuant to section 7(c) believes that a formal hearing is required, Marsh Island Area to a platform con­ of the Natural Gas Act authorizing Ap­ further notice of such hearing will be structed in the Block 215 Field by the plicant El Paso to acquire certain main­ duly given. above-named producer, together with a line and branchline facilities owned by Under the procedure herein provided meter and regulator station to be lo­ Applicant Transportation and (2) per­ for, unless otherwise advised, it will be cated on such platform.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9902 NOTICES

Estimated total cost is $7,568,000, (2) Approximately 1.90 miles of 10-less than fair value within the meaning which will be financed initially from inch transmission purchase pipeline con­ of the Antidumping Act, 1921, as funds on hand and by bank loans. Per­ stituting a portion of the St. Charles amended (19 U.S.C. 160(a), et seq.). manent financing will be through the lateral, Refugio County, Tex. The information was submitted by issuance of long term securities. Applicant states that reserves available Milton G. Waldbaum Co., Wakefield, Any person desiring to be heard or to at the first of these facilities have de­ Nebr. make any protest with reference to said clined to the point where production has There is evidence on record concern­ application should on or before July 17, terminated. The second facility consti­ ing injury to or likelihood of injury to 1969, file with the Federal Power Com­ tutes part of a line previously abandoned. or prevention of establishment of an mission, Washington, D.C. 20426, a peti­ The transmission purchase lines will industry in the United States. tion to intervene or a protest in accord­ be abandoned in place if they cannot be Having conducted a summary investi­ ance with the requirements of the Com­ sold whereas the metering and regulator gation as required by § 53.29 of the Cus­ mission’s rules of practice and procedure station facilities will be salvaged for toms Regulations (19 CFR 53.29) and (18 CFR 1.8 or 1.10) and the regulations future company use. having determined as a result thereof under the Natural Gas Act (18 CFR Any person desiring to be heard or to that there are grounds for so doing, the 157.10). All protests filed with the Com­ make any protest with reference to said Bureau of Customs is instituting an mission will be considered by it in deter­ application should on or before July. 18, inquiry to verify the information sub­ mining the appropriate action to be taken 1969, file with the Federal Power Com­ mitted and to obtain the facts necessary but will not serve to make the protestants mission, Washington, D.C. 20426, a peti­ to enable the Secretary of the Treasury parties to the proceeding. Any person tion to intervene or a protest in accord­ to reach a determination as to the fact wishing to become a party to a proceed­ ance with the requirements of the Com­ or likelihood of sales at less than fair ing or to participate as a party in any mission’s rules of practice and procedure value. hearing therein must file a petition to (18 CFR 1.8 or 1.10) and the regulations A summary of information received intervene in accordance with the Com­ under the Natural Gas Act (18 CFR from all sources is as follows: mission’s rules. 157.10). All protests filed with the Com­ The information before the Bureau in­ Take further notice that, pursuant to mission will be considered by it in deter­ dicates the possibility that the prices the authority contained in and subject mining the appropriate action to be for export to the United States of whole to the jurisdiction conferred upon the taken but will not serve to make the pro­ dried eggs from Holland are substan­ Federal Power Commission by sections testants parties to the proceeding. Any tially below the prices at which the mer­ 7 and 15 of the Natural Gas Act and the person wishing to become a party to a Commission’s rules of practice and pro­ chandise is being sold in the home proceeding or to participate as a party in market. cedure, a hearing will be held without any hearing therein must file a petition This notice is published pursuant to further notice before the Commission on to intervene in accordance with the Com­ this application if no petition to intervene § 53.30 of the Customs Regulations (19 mission’s rules. CFR 53.30). is filed within the time required herein, Take further notice that, pursuant to [ s e a l ] L ester D. J o h n s o n , if the Commission on its own review of the authority contained in and subject to the matter finds that a grant of the cer­ the jurisdiction conferred upon the Fed­ Commissioner of Customs. tificate is required by the public conven­ eral Power Commission by sections 7 and [F.R. Doc. 69—7553; Filed, June 25, 1969; ience and necessity. I f a petition for leave 15 of the Natural Gas Act and the Com­ 8:50 a.m.] to intervene is timely filed, or if the Com­ mission’s rules of practice and procedure, mission on its own motion believes that a hearing will be held without further a formal hearing Is required, further ^ OFFICE OF ECONOMIC notice before the Commission on this notice of such hearing will be duly given. application if no petition to intervene is Under the procedure herein provided filed within the time required herein, if OPPORTUNITY for, unless otherwise advised, it will be the Commission on its own review of the COMMUNITY ACTION PROGRAMS unnecessary for Applicant to appear or matter finds that permission and ap­ be represented at the hearing. proval for the proposed abandonment Requirement of Affirmative Action G o rdo n M . G r a n t , is required by the public convenience and Civil Rights Program Secretary. necessity. If a petition for leave to in­ The following notice is applicable to [F.R. Doc. 69-7495; Filed, June 25, 1969; tervene is timely filed, or if the Commis­ all grantees and delegate agencies receiv­ 8:45 a.m.] sion on its own motion believes that a ing financial assistance under Titles I-B, formal hearing is required, further notice I-D, II, and III-B of the Economic Op­ of such hearing will be duly given. [Docket No. CP69-337] portunity Act, if the assistance is ad­ Under the procedure herein provided ministered by the Office of Economic TRANSCONTINENTAL GAS PIPE LINE for, unless otherwise advised, it will be Opportunity. This notice will be incor­ CORP. unnecessary for Applicant to appear or porated into OEO Instruction 6710-1, be represented at the hearing. “Applying for a CAP Grant” , when that Notice of Application G o rdo n M . G r a n t , instruction is revised and reissued in J u n e 19, 1969. Secretary. the near future. [F.R. Doc. 69-7496; Filed, June 25, 1969; Requirement for affirmative action Take notice that on June 16, 1969, civil rights program. The purpose of CAP Transcontinental Gas Pipe Line Corp. 8:45 a.m.] Form 11 is to obtain assurance from each (Applicant), Post Office Box 1396, applicant for a grant and each delegate Houston, Tex. 77001, filed in Docket No. that he will comply with the require­ CP69-337 an application pursuant to DEPARTMENT OF THE TREASURY ments of title V I of the Civil Rights Act section 7(b) of the Natural Gas Act for of 1964. CAP Form 11, as revised, now permission and approval to abandon cer­ Bureau of Customs states that the grantee “hereby gives tain pipeline facilities, all as more fully assurance that it will immediately, in all set forth in the application which is on WHOLE DRIED EGGS FROM HOLLAND phases and levels of programs and ac­ file with the Commission and open to tivities, install an affirmative action pro­ public inspection. Antidumping Proceeding Notice gram to achieve equal opportunities for Specifically, Applicant seeks permission J u n e 18, 1969. . participation, with provisions for effec­ to abandon: On February 10, 1969, information tive periodic self-evaluation.” (1) Approximately 1.76 miles of 10- was received in proper form pursuant to The requirements for affirmative ac­ inch transmission purchase pipeline and §§ 53.26 and 53.27, Customs Regulations tion under title V I of the Civil Rights one (1) metering and regulator station (19 CFR 53.26, 53.27), indicating a pos­ Act of 1964 apply to all the benefits of known as the Pan Am-Placid Thibodaux sibility that whole dried eggs from Hol­ Federal expenditures except employ­ purchase facilities, Lafourche Parish, La. land, are being, or likely to be, sold at ment. The latter is covered only when

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9903 a primary purpose of the particular applicant’s regular submission of CAP commencement of service by Studley Federal expenditure is to create em­ Form 5. Shupert, and ending April 8, 1969, the ployment. Therefore, affirmative action (7) An analysis of the cultural back­date of the annual meeting of share­ under title V I requires that the members ground and the language skills of the holders of Fund. All interested persons of all ethnic groups be informed of and members of the staff to make sure that are referred to the application filed with be drawn into participation in all the they can communicate effectively with the Commission for a statement of the benefits of the program for which they the clients to be served. representations contained therein, which are eligible. This includes an active in­ are summarized below. formation and outreach program so that Effective date. This notice becomes Under th 'e terms of the Fund Man­ all the eligible people in the community effective 30 days after publication in the ager Agreement between Fund and Fund are aware of these benefits and are in­ F ederal R e g ist e r . Manager, Fund Manager manages the formed as to how to obtain them. It also T heodo re M . B e r r y , business of the Fund and administers the involves the inclusion of members of all Director, allocation of Fund’s assets among five ethnic groups on governing boards and Community Action Program. portfolio managers which Fund Manager on policy advisory committees set up to W alter L. R o b b in s , is authorized to retain, subject to ap­ provide for participation of citizens in Acting Assistant Director proval by Fund, to manage a portion of planning programs and in setting priori­ for Civil Rights. Fund’s assets and to render investment ties for action. [F.R. Doc. 69-7552; Piled, June 25, 1969; advisory and other related services. Fund Other elements of affirmative action 8:49 a.m.] Manager terminated its Portfolio Man­ include locating the sites of community ager Agreement with one of its portfolio centers, service facilities, education and managers pursuant to the terms of the training programs so as to achieve inte­ agreement and section 15(a) of the Act. gration and to provide full and equal The terminated manager indicated to access to these programs for the mem­ RENEGOTIATION BOARD Fund and Fund Manager its willingness bers of all ethnic groups. Another ele­ GENERAL COUNSEL to forego any compensation to which it ment in affirmative action is to provide might be entitled under its Portfolio staff members who can communicate Compensation Manager Agreement and has trans­ with all ethnic groups in the community Pursuant to the provisions of section ferred the assets of Fund formerly under in terms of their own language and 309 of Public Law 88-426, and of section its advisement to Studley Shupert. At the culture. 211(b) of Public Law 90-206, the Gen­ annual meeting held on April 8, 1969, Instruments for evaluating the suc­ eral Counsel of the Renegotiation Board the Fund shareholders approved a Port­ cess of these affirmative efforts will in­ shall receive compensation at the rate folio Manager Agreement with Studley clude: of $33,495 per annum, effective July 13, Shupert in substantially the form and (1) Copies of posters, news releases, 1969. containing substantially the same provi­ sions as the Portfolio Manager Agree­ letters to key individuals and organiza­ Dated: June 20, 1969. tions, and a description of other efforts to ment in effect with Fund’s four other inform the members of all ethnic groups L a w r e n c e E. H a r t w ig , portfolio managers. Fund proposes to in the community of the benefits and Chairman. compensate Studley Shupert for its serv­ ices from February 24, 1969, to April 8, opportunities available to them under [F.R. Doc. 69-7507; Piled, June 25, 1969; the program. 8:46 a.m.] 1969, at the lesser of actual cost or the compensation provided in the form of (2) Descriptions of on-going out­ Portfolio Manager Agreement of Fund. reach programs designed to reach and Fund and Fund Manager state that it serve all ethnic groups ' This should be was in the best interests of Fund and reflected in the work program of each SECURITIES AND EXCHANGE its shareholders* for Studley Shupert to application for funds. assume management of the subject (3) An ethnic breakdown of the en- COMMISSION assets immediately and Fund represents rollees in each program which should COMPETITIVE CAPITAL FUND ET AL. that it would have been unduly expensive bear a reasonable relation to the ethnic and burdensome to call a special meet­ composition of the people in the target Notice of Filing of Application ing of shareholders for the purpose of area. This should be reflected in the work Exemption approving the new Portfolio Manager program and CAP Form 84 of each fund­ Agreement with Studley Shupert espe­ ing request. Ju n e 20,1969. cially in view of the imminence of the (4) Aji ethnic breakdown of the mem­ In the matter of Competitive Capital regular annual meeting. bers of the governing board of each proj­ Fund, Competitive Capital Corp., 44 Section 15(a) of the Act provides in ect. The members of all ethnic groups Montgomery Street, Suite 3800, San pertinent part that it shall be unlawful should be adequately represented, both Francisco, Calif.; Studley, Shupert and for any person to act as an investment as delegates from community agencies Co., Inc., of Boston, 155 Berkeley Street, adviser of a registered investment com­ and as individuals chosen to represent Boston, Mass. ; 812-2463. pany expect pursuant to a written con­ the people of the target area. This should Notice is hereby given that Competi­ tract which has been approved by a vote be reflected in CAP Form 3 submitted tive Capital Fund (the “Fund” ) , a Dela­ of a majority of the outstanding voting by each applicant as part of his funding ware corporation registered under the securities of such registered company. cycle. Investment Company Act of 1940 (the Section 6(c) of the Act provides that (5) An ethnic breakdown of the mem­ “Act” ) as an open-end diversified man­ the Commission, by order upon applica­ bers of the policy advisory committee agement investment company, Competi­ tion, may conditionally or uncondi­ which should bear a reasonable rela­ tive Capital Corp. (“Fund Manager” ), tionally exempt any person or transac­ tionship to the ethnic composition of a California corporation, and Studley, tion from any provision of the Act or of the target area. This should be reflected Shupert and Co., Inc., of Boston (“Stud­ any rule or regulation thereunder, if and in CAP Form 3 submitted by each appli­ ley Shupert” ), a Delaware corporation, to the extent that such exemption is cant as part of his funding cycle. have filed an application pursuant to necessary or appropriate in the public (6) Maps of the community showing section 6(c) of the Act for an order of interest and consistent with the protec­ the areas of concentration of the mem­ exemption from section 15(a) of the tion of investors and the purposes fairly bers of different ethnic groups in rela­ Act to the extent necessary to permit intended by the policy and provisions of tion to the sites selected for the activities Studley Shupert to act as portfolio the Act. under the program. This site selection manager of Fund pursuant to a Portfolio Notice is further given that any inter­ should seek to balance the goals of inte­ Manager Agreement between Fund, Fund ested person may, not later than June gration in every program and conven­ Manager, and Studley Shupert, without 30, 1969 at 5 p.m., submit to the Com­ ience to the individuals to be served. This shareholder approval, for the period be­ mission in writing a request for a hear­ information should be reflected in each ginning February 24, 1969, the date of ing on the matter accompanied by a

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 9904 NOTICES statement as to the nature of his inter­ Therefore, under the authority vested est, the reason for such request and the SMALL BUSINESS by the Small Business Investment Act of issues of fact or law proposed to be con­ 1958, as amended, and the Regulations troverted, or he may request that he be ADMINISTRATION promulgated thereunder, the surrender notified if the Commission should order of the license of Alliance Capital Corp. a hearing thereon. Any such communi­ [Declaration of Disaster Loan Area 712] is hereby accepted, and Alliance Capital Corp., accordingly is no longer licensed cation should be addressed: Secretary, NEW MEXICO Securities and Exchange Commission, to operate as a small business invest­ Washington, D.C. 20549. A copy of'such Declaration of Disaster Loan Area ment company. request shall be served personally or by Dated: June 17,1969. mail (airmail if the person being served Whereas, it has been reported that* is located more than 500 miles from the during the month of June 1969, because A . H. S in g e r ; point of mailing) upon the applicants of the effects of certain disasters, dam­ Associate Administrator at the addresses stated above. Proof of age resulted to residences and business for Investrhent. such service (by affidavit or in case of property located in the county of Valen­ [F.R. Doc. 69-7511; Filed, June 25, 1969; an attorney at law by certificate) shall cia, N. Mex.; 8:46 a.m.] be filed contemporaneously with the re­ Whereas, the Small Business Admin­ quest. At any time after said date as pro­ istration has investigated and has re- vided by Rule 0-5 of the rule and regu­ ceivea other reports of investigations of FIRST TEXAS INVESTMENT CO. lations promulgated under the Act, an conditions in the area affected; Whereas, after reading and evaluating Notice of Filing of Application for order disposing the matter herein may Transfer of Control of Licensed be issued by the Commission upon the reports of such conditions, I find that basis of the information stated in this the conditions in such area constitute a Small Business Investment Com- application, unless an order for hearing catastrophe within the purview of the pany upon said proposal shall be issued upon Small Business Act, as amended. Now, therefore, as Acting Adminis­ Notice is hereby given that an applica­ request or upon the Commission’s own trator of the Small Business Admin­ tion has been filed with the Small Busi­ motion. Persons who request a hearing or istration, I hereby determine that: ness Administration (SBA) pursuant to advice as to whether a hearing is ordered 1. Applications for disaster loans section 107.701 of the Regulations gov­ will receive notice of further develop­ under the provisions of section 7(b)(1 ) erning Small Business Investment Com­ ments in such matter, including the date of the Small Business Act, as amended, panies (33 F.R. 326, 13 CFR Part 107) of the hearing (if ordered) and any post­ may be received and considered by the for the transfer of control of First Texas ponements thereof. office below indicated from persons or Investment Co. (First Texas), 120 Jef­ For the Commission (pursuant to dele­ firms whose property, situated in the ferson Street, Sulphur Springs, Tex. gated authority). aforesaid county, suffered damage or de­ 75482, a Federal Licensee under struction resulting from floods occurring the Small Business Investment Act of [ s e a l ] O rval L. D u B o is , 1958, as amended (Act), License no. Secretary. on June 15,1969. Office 10/10-0013. [F.R. Doc. 69-7508; Filed, June 25, 1969; First Texas was licensed on December 8:46 a.m.] Small Business Administration Regional 11, 1959, and as of March 1, 1969, had Office, 500 Gold Avenue SW., Albuquerque, paid-in capital and paid-in surplus from N. Mex. 87101. [File No. 1-3421] private sources amounting to $180,000. 2. Applications for disaster loans It has 17,534 shares of issued and out­ CONTINENTAL VENDING MACHINE under the authority of this declaration standing common stock. George Leaves- CORP. will not be accepted subsequent to ley, James C. Leavesley, and John E. December 31,1969. Leavesley propose to purchase the entire Order Suspending Trading 17,534 shares of issued and outstanding Dated: June 17,1969. common stock. Each of these individuals J u n e 20,1969. R. B . B l a n k e n s h ip , will individually purchase one-third of It appearing to the Securities and Ex­ Acting Administrator. the currently outstanding stock. The change Commission that the summary proposed transaction is subject to and suspension of trading in the common [F.R. Doc. 69-7510; Filed, June 25, 1969; 8:46 a.m.] contingent upon approval of SBA. stock, 10 cents par value of Continental The proposed new officers and direc­ Vending Machine Corp., and the 6 per­ tors are as follows: cent convertible subordinated deben­ [License No. 10/10-0135] tures due September 1, 1976, being President, Director— George Leavesley. ALLIANCE CAPITAL CORP. Vice President, Director— James C. Leavesley. traded otherwise than on a national se­ Secretary, Treasurer and Director— John E. curities exchange is required in the pub­ Notice of Surrender of License Leavesley. lic interest and for the protection of Notice is hereby given that Alliance The above persons are also officers and investors; Capital Corp., Fort Worth, Tex., has directors of Leavesley Industries, Inc. I t is ordered, Pursuant to section 15 pursuant to section 107.105 of the Regu­ The Licensee’s principal office will be lo­ (c) (5) of the Securities Exchange Act lations Governing Small Business In­ cated at 506 Nebraska Street, South Houston, Tex.- 77587. This is also the of 1934, that trading in such securities vestment Companies (13 CFR Part 107, 33 F.R. 326), surrendered its license to main office of Leavesley Industries. A otherwise than on a national securities operate as a small business investment branch office will be maintained at 1,20 exchange be summarily suspended, this company. It was incorporated on Jefferson Street, Sulphur Springs, Tex. order to be effective for the period June August 16, 1963, under the laws of the 75482. When loan demand indicates the 21, 1969, through June 30, 1969, both State of Texas, and licensed by the Small need, additional capital will be invested dates inclusive. Business Administration (SBA) on by the Leavesleys or unissued stock will March 3, 1964, to operate solely under be sold to other individuals. By the Commission. the Small Business Investment Act of Matters involved in SBA’s considera­ [ s e a l ] O rval L . D u B o is , 1958, as amended (15 U.S.C., 661 et seq.). tion of the application include the gen­ Secretary. On June 10, 1969, Alliance Capital eral business reputation and character of the proposed new owners and the [F.R. Doc. 69-7509; Filed, June 25, 1969; Corp. repaid its total indebtedness to the 8:46 a.m.] Small Business Administration. probability of successful operations of

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 NOTICES 9905 the company under their control and Buehler Markets, foodstore; 429 Market Street, Wilmington, N.C.; No. 225, Winston- management (including adequate profit­ Street, Chattanooga, Tenn.; 4-27-69 to. Salem, N.C.; 300 South Main Street, Ander­ 4-26-70. son, S.C.; 281 King street, Charleston, S.C.; ability and financial soundness) in ac­ Byrd’s Supermarkets, Inc., foodstore; 1508 Main Street, Columbia, S.C.; 117 West cordance with the Act and Regulations. Mount Olive, Miss.; 4-28-69 to 4-27-70. Evans Street, Florence, S.C; 27 South Main Notice is further given that any inter­ Carson Pirie Scott & Co., department store; Street, Greenville, S.C.; 311 Main Street, ested person may, within 10 days from 111-113 North Tremont, Kewanee, 111.; Greenwood, S.C.; 301 Russell Street, NE„ the date of publication of this notice, 4-28-69 to 4-27-70. Orangeburg, S.C.; 115 East Main Street, submit to SB A, in writing, relevant com­ Charming Shoppes, Inc., apparel store; 8 Spartanburg, S.C.; 49 South Main Street, ments on the proposed transfer of con­ Bast Main Street, Norristown, Pa.; 4-28-69 to Sumter, S.C.; 591 Pearl Street, Beaumont, trol. Any such communication should be 4-27-70. Tex. (5-1-69 to 4^30-70); 230 Main Street, Eagle Pass, Tex. (5-1-69 to 4-36-70); 6407 addressed to: Associate Administrator City Market, Inc., foodstores from 4-28-69 to 2-28-70: 117 Chestnut Street, Cortez, Colo.; Harrisburg Boulevard, Houston, Tex. (5-1-69 for Investment, Small Business Admin­ 625 Meeker Street, Delta, Colo.; 1316 Main to 4-30-70). istration, 1441 L Street NW., Washing­ Avenue, Durango, Colo.; Nos. 1 and 2, Grand Karl J. Krueger, agriculture; Stuart, Fla.; ton, D.C. 20416. Junction-, Colo.; 1410 South Grand Avenue, 4—22—69 to 4-21-70. A copy of this notice shall be published Crlenwood Springs, Colo.; 128 South Town­ Liberty Super Market, foodstore; No. 99, by the proposed transferee in a newspa­ send, Montrose, Colo.; No. 7, Rifle, Colo. Granada, Miss.; 4-28-69 to 4-27-70. per of general circulation in South Hous­ City Meat Market, foodstore; Humphrey, Clifton L. Meador, agriculture; Dumas', ton and Sulphur Springs, Tex. Nebr.; 4r-28-69 to 4-27-70. Ark.; 4^27-69 to 4-26-70. Community Hospital, hospital, Newman G. C. Murphy Co., variety-department For SBA (pursuant to delegated Grove, Nebr.; 4-24-69 to 4—23—70. stores from 4-28-69 to 4-27-70 except as authority). Dillon Companies, Inc., foodstores from otherwise indicated: No. 261, Huntsville, A. H. S inger, 4-28-69 to 2-23-70; No. 16, Hays, Kans.; No. Ala. (4-25-69 to 4-24-70); No. 263, Tusca­ Associate Administrator 9, Lamed, Kans. loosa, Ala. (4-25—69 to 4-24-70); No. 255, for Investment. Donenfeld's, Inc., department store; 35 Daytona Beach, Fla. (4-26-69 to 4—25—70); North Main Street, Dayton, Ohio; 4-22-69 to No. 276, Hialeah, Fla. (4-26-69 to 4r-25-70); [P.R. Doc. 69-7512; Piled, June 25, 1969; 4- 21-70. No. 279, Holly Hill, Fla. (4-26-69 to 4-25-70); 8:46 a.m.] Eventide Manor Nursing Home, nursing No. 262, Jacksonville, Fla. (4-26-69 to home; 2700 East 12th Street, Cheyenne, Wyo.; 4-25-70); No. 264, Miami, Fla. (4-26-69 to 5 - 1-69 to 4-30-70. 4-25-70); No. 253, Pensacola, Fla. (4r-26-69 W. T. Grant Co., variety-department store; to 4-25-70); No. 272, St. Petersburg, Fla. No. 400, Rumford, Maine; 5-1-69 to 4-30-70. (4-26-69 to 4-25-70); No. 274, West Palm DEPARTMENT OF LABOR Hack’s Distributing, Inc., furniture-appli­ Beach, Fla. (4^26-69 to 4-25-70); No. 243, Wage and Hour Division ance stores from 4-21-69 to 4-26-70: 7833 Moultrie, Ga. (4-26-69 to 4-25-70); No. 251, West Capitol Drive, Milwaukee, Wis.; 3390 Berwyn, HI. (4-25-69 to 4r-24-70); No. 439, CERTIFICATES AUTHORIZING THE EM­ North Green Bay Avenue^ Milwaukee, Wis.; Effingham, 111. (4r-25-69 to 4-24-70); No. 457, 1308 West Mitchell Street, Milwaukee, Wis.; Flora, 111. (4-26-69 to 4-25-70); No. 112, PLOYMENT OF FULL-TIME STU­ 333 North Plankinton Avenue, Milwaukee, Pontiac, 111. (4-26-69 to 4-24-70); No. 113, DENTS WORKING OUTSIDE OF Wis.; 7713 West Greenfield Avenue, West Streator, HI. (4r-27-69 to 4-26-70); No. 449, SCHOOL HOURS AT SPECIAL Allis, Wis. Vandalia, HI. (4-25-69 to 4-24-70); No. 461, Hub Clothing Co., apparel store; 41-49 Aurora, Ind.; No. 401, Bluffton, Ind.; No. 101, MINIMUM WAGES IN RETAIL OR South Main Street, Wilkes-Barre, Pa.; 5-1-69 Brazil, Ind.; No. 99, Clinton, Ind.; No. 81, Co­ SERVICE ESTABLISHMENTS OR IN to 4-30-70. lumbus, Ind.; No. 423, Crawfordsville, Ind. AGRICULTURE Kittson War Veterans Memorial Hospital (4-27-69 to 4-26-70); No. 407, Decatur, Ind.; Association, Inc., hospital; Cedar and 10th No. 404, Elwood, Ind.; No. 103, Fort Wayne, Notice is hereby given that pursuant Streets South, Hallock, Minn.; 4r-28-69 to Ind. (4-27-69 to 4-26-70); No. 412, Franklin, to section 14 of the Pair Labor Standards 4-27-70. Ind. (4-27-69 to 4-26-70); No. 223, Greens- Knopf Poultry Farm, agriculture; Pinson, burg, Ind. (4-26-69 to 4-25-70); No. 408, Act of 1938 (52 Stat. 1060, as amended, Hartford City, Ind.; No. 425, Huntingsburg, 20 U.S.C. 201 et seq.), the regulation on Ala.; 4-25-69 to 4r-24-70. S. S. Kresge Co., variety-department store; Ind.; Nos. 123 and 224, Indianapolis, Ind. employment of full-time students (29 No. 713, Atlanta, Ga.; 4^28-69 to 4^-27-70. (4-27-69 to 4-26-70); Nos. 235 and 260, CPR Part 519), and Administrative Or­ S. H. Kress and Co., variety-department Indianapolis, Ind.; No. 445, Kendallville, Ind. der No. 595 (31 P.R. 12981), the establish­ stores from 4-26-69 to 4-25-70 except as (4-27-69 to 4-26-70); No. 300, Kokomo, Ind.; ments listed in this notice have been is­ otherwise indicated: 1106 Noble Street, An­ No. 203, Linton, Ind.; No. 405, Portland, Ind.; sued special certificates authorizing the niston, Ala. (4-24-69 to 4-23-70); 101 West No. 420, Princeton, Ind.; No. 100, Rockville, employment of full-time students work­ Main Street, Dothan, Ala. (4-24—69 to 4— Ind.; No. 72, Seymour, Ind.; No. 105, Shelby- 23-70); 39 Dexter Avenue, Montgomery, Ala. ville, Ind.; No. 114, Washington, Ind.; No. ing outside of school hours at hourly 270, St. Paul, Minn. (4-25-69 to 4-24-70); No. wage rates lower than the minimum wage (4—23—69 to 4-22—76); 30 North Wilson Avenue, Prichard, Ala. (4-24^69 to 4-23-70); 249, Hickory, N.C. (4-26-69 to 4-25-70); No. rates otherwise applicable under section 121 Broad Street, Selma, Ala. (424-69 to 275, Milwaukee, Wis. 6 of the act. The effective and expiration 4-23-70); 2223 Broad Street, Tuscaloosa, Ala. Neisner Brothers, Inc., variety-department dates are as indicated below. The mini­ (4-24-69 to 4—23—70); 326 Main Street, Pine store; No. 76, Chicago, 111.; 4r-25-69 to 4-24-70. mum certificate rates are not less than Bluff, Ark. (4-24-69 to 4-23-70); 500 Duval Oakley’s Department Store, department 85 percent of the applicable statutory Street, Key West, Fla.; 475 Central Avenue, store; South Hill, Va.; 4-28-69 to 4-27-70. minimum. St. Petersburg, Fla.; 400 Clematis Street, Pleezing Food Store of West Florida, Inc., West Palm Beach, Fla.; 121 Washington foodstore; 980 North T Street, Pensacola, The following certificates provide for Fla.; 4-27-69 to 4-26-70. an allowance not to exceed the propor­ Street, Albany, Ga.; 118 Jackson Street, Americus, Ga.;- 153 East Clayton Street, The Poor Sisters of Nazareth, Inc., nursing tion of the total hours worked by full­ Athens, Ga. (4-28-69 to 4-27-70); 50 Broad home; 814 Jackson Street, Stoughton, Wis.; time students at rates below $1 an hour Street, SW „ Atlanta, Ga.; 1505 Newcastle 4-28-69 to 4—27—70. to the total number of hours worked by Street, Brunswick, Ga.; 1117 Broad Street, J. C. Robinson Seed Co., agriculture; all employees in the establishment dur­ Columbus, Ga.; 137 Main Street, La Grange, Waterloo, Nebr.; 4-28-69 to 4-27-70. ing the base period in occupations of the Ga.; 620 Cherry Street, Macon, Ga.; 120 St. Luke’s Home & Center, nursing home; same general classes in which the estab­ Broughton Street, West, Savannah, Ga.; 105 Kearney, Nebr.; 4-24-69 to 4-23-70. North Patterson Street, Valdosta, Ga.; 308 Schensul’s Cafeteria, Inc., restaurant; 333 lishment employed full-time students at South Burdick Street, Kalamazoo, Mich.; 4- wages below $1 an hour in the base period. Mary Street, Waycross, Ga.; 1102 Third Street, Alexandria, La. (4-24r-69 to 4-23-70); 25-69 to 4-24-70. Ben Franklin, variety store; No. 7544, 439 Third Street, Baton Rouge, La. (4-24-69 Seeley, Inc., apparel store; 617 St. Joseph Joplin, Mo.; 4-23-69 to 4-22-70. to 4-23-70); 316 Texas Street, Shreveport, Street, Rapid City, S. Dak.; 4-21-69 to 4- Billups Plantation, Inc., agriculture; La. (4-24-69 to 4-23-70); 500 Main Street, 20-70. Indianola, Miss.; 4r-25-69 to 4-24-70. Hattiesburg, Miss. (4-24-69 to 4-23-70); 402 Skag-Way Dept. Stores, Inc., department Vern Brower, agriculture; 14950 Lake Michi­ Central Avenue, Laurel, Miss. (4-24-69 to store; 620 West State Street, Grand Island, gan Drive, West Olive, Mich.; 4-22-69 to 4-23-70); 19 Patton Avenue, Asheville, N.C.; Nebr.; 4-22-69 to 4-21-70. 4-21-70. 101 West Main Street, Durham, N.C.; 208 Stafford’s Shopping Center, Inc., foodstore; Buehler Market, foodstores from 4-27-69 to South Elm Street, Greensboro, N.C.; 141 1509 Chatsworth Road, Ga.; 4-22-69 to 4-26-70 : 90 Broad Street, Southwest, Atlanta, South Main Street, High Point, N.C.; 307 Mid­ 4-21-70. 9a-; 104 Georgia Avenue, Southeast, Atlanta, dle Street, New Bern, N.C.; 162 South Main Summit Mercantile Co., foodstore; Black« Ga. Street, Rocky Mount, N.C.; 11 North Front duck, Minn.; 4-21-69 to 4-20-70.

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 No. 122------9 9906 NOTICES

Vlasic Food Products Co., agriculture; 7451 wise indicated, 5 to 10 percent except as Robinson’s Hardware, hardware store; 221 Carlock Road, Carson City, Mich.; 5-1-69 to otherwise indicated, 5-1-69 to 4-30-70 except Morley Avenue, Nogales, Arlz.; salesclerk, 4-30-70. as otherwise indicated: No. 4292, Hialeah, cashier, stock clerk; 9 to 30 percent; 4-23-69 Wriglit’s Food Service, Inc., foodstore; 731 Fla. (checker-cashier, salesclerk, stock clerk, to 4-22-70. East Elm Street, Union City, Ind.; 4-25-69 office clerk, maintenance, 7 to 10 percent, Rose’s Stores, Inc., variety-department to 4-24-70. 4-29-69 to 4-28-70); No. 4293, Decatur, HI.; stores for the occupation of salesclerk, 13 No. 4297, Moline, HI.; No. 4294, Marion, IncL to 24 percent, 4-22-69 to 4-21-70: Nos. 6001 The following certificates were Issued (salesclerk, checker-cashier, stock clerk, and 6002, Norfolk, Va. to establishments relying on the base- maintenance, 4 to 10 percent, 4-24-69 to 4 - Spurgeon’s, department store; 113-115 year employment experience of other 23-70); No. 4077, Lexington, Ky. (6 to 23 per­ Central Avenue NW „ Le Mars, Iowa; sales­ establishments, either because they came cent, 4-23-69 to 4-22-70); Nos. 4216 and clerk, stock clerk, Janitorial, receiving clerk, into existence after the beginning of the 4270, St. Louis, Mo. marker; 12 to 16 percent; 4-25-69 to 4-24-70. applicable base year or because they did S. H. Kress and Co., variety-department Sterling Stores Co., Inc., variety store; 225 not have available base-year records. The stores for the occupations of salesclerk, stock Yazoo Avenue, Clarksdale, Miss.; salesclerk, clerk, 4-26-69 to 4-25—70: 3300 Robinhood stock clerk, Janitorial; 11 to 38 percent; 4- certificates permit the employment of Road, Winston-Salem, N.C., 3 to 22 percent; 28-69 to 4-27-70. full-time students at rates of not less Guignard Drive, Sumter, S.C., 3 to 19 percent. T.G. & Y. Stores Co., variety-department than 85 percent of the statutory mini­ Lerner Shops, apparel stores for the oc­ stores for the occupations of salesclerk, stock mum in the classes of occupations listed, cupations of salesclerk, cashier, credit clerk, clerk, office clerk: No. 627, San Jose, Calif., and provide for the indicated monthly 4-25-69 to 4-24-70 except as otherwise in­ 20 to .30 percent, 4-28-69 to 4r-27-70; No. 316, limitations on the percentage of full­ dicated: No. 198, St. Petersburg, Fla., 4 to 18 Baton Rouge, La., 3 to 30 percent, 4-24-69 to time student hours of employment at percent (4-24-69 to 4-23-70); No. 149, Alex­ 2-27-70, Replacement; No. 327, New Roads, andria, La., 2 to 19 percent; No. 313, Bethesda, La., 8 to 30 percent, 4-22-69 to 4-21-70; Nos. rates below the applicable statutory Md„ 10 percent (4-24-69 to 4-23-70); No. 227, 283 and 285, Albuquerque, N. Mex., 13 to minimum to total hours of employment Minneapolis, Minn., 17 to 42 percent; No. 251, 24 percent, 4-30-69 to 4-29-70; No. 817, Deer of all employees. Levittown, Pa., 3 to 9 percent; No. 79, Wilkes- Park, Tex., 30 percent, 5-1-69 to 4-30-70; No. Barrett Community Home, Inc., nursing Barre, Pa., 5 percent; No. 211, Knoxville, 772, Galveston, Tex., 30 percent, 4-28-69 to home; Barrett, Minn.; nurse’s aide, dining Tenn., 1 to 16 percent; No. 113, Memphis, 4-27-70; No. 232, Orange, Tex., 7 to 20 per­ room worker, kitchen helper; 4 to 16 percent; Tenn., 3 to 19 percent (4-27-69 to 4-26-70). cent, 4-29-69 to 4-28-70. 4-30-69 to 4-29-70. McCrory-McLellan-Green Stores, variety- Vonadas Store, foodstore; Aaronsburg, Pa.; J. Berends & Sons, agriculture; Byron department stores for the occupations of stock clerk, carryout; 7 percent; 4-24-69 to Center, Mich.; vegetable weeder, vegetable salesclerk, stock clerk, office clerk except as 4-23-70. harvester; 0 to 70 percent; 4-21-69 to 4- otherwise indicated, 4-24—69 to 4-23—70 ex­ Wiest’s, Inc., apparel store; North Mall 20- 70. cept as otherwise indicated: No. 385, Albert­ Shopping Center, York, Pa.; salesclerk, stock Big Bear Supermarket, foodstores for the ville, Ala., 10 to 17 percent; No. 211, Zephyr clerk; 2 to 13 percent; 4-29-69 to 4-28-70. occupation of courtesy clerk, 13 to 18 percent Hills, Fla., 10 to 30 percent (salesclerk, office . Winks Super Valu, foodstore; Quincy, HI.; except as otherwise indicated, 4-22-69 to 4— clerk, stock clerk, porter, 4-23-69 to 1-31—70), carryout; 8 to 18 percent; 4-22-69 to 4-21-70. Replacement; No. 383, Jacksonville, 111., 10 21- 70: No. 19, Greensboro, N.C. (11 to 14 Each certificate has been issued upon percent); No. 2, High Point, N.C. (18 to 20 to 27 percent; No. 222, Crawfordsville, Ind., percent) ; No. 24, Stanleyville, N.C.; Nos. 18, 7 to 16 percent (5-1-69 to 4-30—70); No. 294, the representations of the employer 20, 22, and 23, Winston-Salem, N.C. Albuquerque, N. Mex., 4 to 27 percent (sales­ which, among other things, were that Big Star Food Center, foodstores for the clerk, stock clerk, office clerk, porter, 4-25- employment of full-tim e students at spe­ occupations of sacker, stock clerk, 10 per­ 69 to 4-24-70). cial minimum rates is necessary to pre­ cent, 4-25-69 to 4-24-70: No. 78, Carmi, HI.; Morgan & Lindsey, Inc., variety-department vent curtailment of opportunities for No. 118, Effingham, 111. store; No. 3002, Oakdale, La.; salesclerk, stock employment, and the hiring of full-time clerk, office clerk; 8 to 27 percent; 4-25—69 to Buehler Market, foodstores for the occupa­ students at special m inim um rates will tions of stock clerk, checker, carryout, 8 to 4-24-70. G. C. Murphy Co., variety-department ndt create a substantial probability of 11 percent, 4-27-69 to 4-26-70: 1979 Boule­ reducing the full-time employment op­ vard Drive SE., Atlanta, Ga.; 1553 Gordon stores for the occupations of salesclerk, stock Street SW., Atlanta, Ga. clerk, office clerk, Janitorial, 4-26-69 to 4 - portunities of persons other than those City Market, Inc., foodstores for the occu­ 25—70 except as otherwise indicated: No. 289, employed under a certificate. The cer­ Gainesville, Fla., 9 to 27 percent; No. 284, pation of caddy clerk, 10 percent, 4-28-69 to tificates may be annulled or withdrawn, 2-28-70 except as otherwise indicated: No. 1, Orlando, Fla., 3 to 24 percent; No. 287, Basalt, Colo.; No. 9, Grand Junction, Colo.; Panama City, Fla., 12 to 25 percent; No. 292, as indicated therein, in the manner pro­ No. 10, Moab, Utah; No. 12, Rawlins, Wyo. Pensacola, Fla., 12 to 25 percent; No. 290, vided in Part 528 of Title 29 of the Code West Hollywood, Fla., 10 to 17 percent; No. (4-21-69 to 4-20-70). of Federal Regulations. Any person ag­ Dillon Cos., Inc., foodstore; No. 40, El 277, Mount Prospect, 111., 14 to 32 percent Dorado, Kans.; checker, cashier, carryout, (4-25-69 to 4-24-70); No. 161, Minneapolis, grieved by the issuance of any of these clerk, maintenance, wrapper; 9 to 17 per­ Minn., 13 to 22 percent (4-25-69 to 4-24-70); certificates may seek a review or recon­ cent; 4-24-69 to 4-23-70. No. 174, Monroeville, Pa., 9 to 25 percent (4- 29-69 to 4-28-70). sideration thereof within 30 days after Duckwall Stores Co., variety-department Neisner Brothers, Inc., variety-department publication of this notice in the F ederal store; No. 101, Colorado Springs, Colo.; sales­ stores: No. 44, Miramar, Fla., salesclerk, stock R egister pursuant to the provisions of clerk, stock clerk; 13 to 32 percent; 4-28-69 clerk, office clerk, 24 to 48 percent, 4-24-69 to to 4-27-70. 4-23-70; No. 203, Tampa, Fla., salesclerk, 29 CFR 519.9. Fashion Bug, Inc., apparel store; Plymouth stock clerk, office clerk, maintenance, 10 to Signed at Washington, D.C., this 18th Meeting, Pa.; salesclerk, cashier, stock clerk; 29 percent, 4-23-69 to 4-22-70. 2 to 13 percent; 4-25-69 to 4-24-70. North Mississippi Medical Center, hospital; day of June 1969. W . T. Grant Co., variety-department store; Tupelo, Miss.; housekeeper, dietary aide, R obert G . G r o n e w a l d , No. 1042, Rockford, HI.; salesclerk; 6 to 15 laundry aide; 0.7 to 4 percent; 5-1-69 to Authorized Representative percent; 4-22-69 to 4-21-70. 4-30-70. of the Administrator. S. S. Kresge Co., variety-department store; Piggly Wiggly, foodstore; No. 3, Columbus, for the occupations of salesclerk, stock clerk, Ga.; sacker, bottle clerk, Janitorial; 10 to [P R . Doc. 69-7537; Filed, June 25, 1969J office clerk, checker-cashier except as other­ 13 percent; 4-1-69 to 3-31-70. 8:48 a m .]

FEDERAL REGISTER, VOL. 34, NO. 122— THURSDAY, JUNE 26, 1969 FEDERAL REGISTER 9907

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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

3 CFR Page 7 CFR—Continued Page 13 CFR Page P roclamations : P roposed R ules—Continued 101______1______8699 3914 ______- 8689 911 ______9124 103 ______8699 104 ______8699 3915 ______8691 912 ______9562 3916 ______9055 915______9124 106 ______8700 107 ______8700 3917 ______9117 916— __ _— ______9455 917— ______9078 108 ___ 8700 E x e c u t iv e O r d er s: 919______8969 109 ______8700 11157 (amended by EO 929______9035 110 ______8700 11473)______9485 945______9871 113______8700 11242 (see EO 11473)______9485 948______9871 120 ______:______8700 11278 (revoked by EO 11472) _ 8693 966______9393 121 ______8700 11359A (revoked by EO 11472) 8693 991______9682 122 ______8700 11402 (revoked by EO 11472) _ 8693 1001 ______8709,9035 123— ______8700 11472 ______8693 1002 ______8709,9035 124 ______8700 11473 ______9485 125 ______8700 11474 _ 9605 1003 ______8709,9035 1004 ______8709,1269035 ______8700 11475 ______9609 1015 ______8709,9035 127 ______8700 1016 ______8709,9035 128 ______8700 5 CFR 1032______9620 P roposed R u l e s : 213____ 8697, 9025, 9057, 9259, 9380, 9657 1075______8972 107______8927 451____ 9795 1125______9808 121______9092 550___ _»______9381 1138______9394 713—______9795 14 CFR 890______9795 8 CFR 37______9851 212 ______9061 39______8700, 7 CFR 238______9061 9027, 9029, 9157, 9259, 9330, 9546- 1______1______9260 316a______9061 9548,9657, 9705, 9748, 9852 6 ______9743 71___ 8701, 17______;______8963 9 CFR 8702, 8907, 8966, 9030-9032, 9119, 28______9847 78______9796 9260, 9419, 9548, 9705-9707, 9749, 51 ______9188, 9377, 9848 97____ 1 ______^ 8697 9797, 9852-9854 52______9613, 9697 73____•______9260, 9549, 9616, 9707, 9854 53 ______9747 10 CFR 75______9616, 9797, 9798 58______9848 2______9702 93______9707 97 — ______9158, 9420, 9658 68------8963 9______9849 220______9379 30______9025 151______9616, 9707 153______9616 354______9025 32----- —______9025,9329 207 ______9549 406______9327 P roposed R u les: 409______9328 208 ______9550 722------9057 50______8712 212______9551 725------9189 70______9125 214______9551 730------9417 73— ______- ______9215 233______9854 778------9538 150______9125 241______9855 811------______9119 295______9552 814------9699 12 CFR 298_____ 9552 842------9417 8______9672 P roposed R u l e s : 908 ------8964, 9261, 9613, 9848 207------9121,9191 25______9456 909 ------8895 211______:______9615 39______9124, 9683 910 .... 9059, 9380, 9417, 9539, 9701, 9795 213 ______9615 61______9080 911— ------9849 217______9702 65______9347 915------8964 220 ______9196 71------8710, 917------9674, 9796 221 ------9203, 9703 8711, 8925, 9035, 9036, 9287, 9348, 922------9614 226______8698,9615 9457, 9568-9570, 9620, 9718-9720, 929------9 7 4 7 329_____:______9703 9756, 9811 944------8895 523______9329 75______9288, 9570, 9683 950______9261 526______9704 91------9456 986------9191, 9539 545______8903, 8904, 9330, 9851 97------* ______9875 980------9191, 9539 563______890,5 121______9456 ¡0 0 2 ---- ___------* ______9120 569______9704 218------9621 1408______9 5 3 9 584______9208 241______9622 ¡ 421---- 8897, 9059, 9418, 9540, 9701, 9796 640— ------9381 ¡434------___------9 6 7 5 650______9381 15 CFR ¡48j ------9545 P roposed R ules: 4483------9546 368______8802 204______i______9092 369 ______8805 P roposed R u l e s : 523______9216 370 ______8806 61------1------9 3 4 5 531------9216 371 ______8811 301------;___ 8923 545------8973, 9091, 9216 372 ___ 8818 362______9 4 5 4 556— ------8973, 9216 373 ______8827 717______9562 561------9216 374 ------8840 Ch. IX ------_Y— 8705, 9 7 5 4 563------9876 375 ______8842 905------9 4 5 4 571------9216 376 ______8852 9908 FEDERAL REGISTER

15 CFR—Continued Page 21 CFR— Continued Page 32 CFR—Continued Page 377 ______8857 P roposed R ules—Continued 3------9263 378 _ 8861 146c QfiSfi 379 ___ '______8862 7— ------9263 146d ______9626 9------9278 385 ______8868 146e ______9626 13------9279 386 _ 8869 320______387 ______8879 . 9717, 9871 16------9279 2 2 ------9280 388 ______8882 591 ------9488 389 ______8886 2 2 CFR 592 ------9503 390 ______8887 201______399______8889 593 ------;------9504 1000______9061, 9071 594 ------9515 2 4 CFR 595 ------9516 P roposed R ules: 200 ______- __ 9382 596 ------:------9517 1000______9564, 9873 203______------9857 597 ------9519 220 ______9857 598 ------9524 16 CFR 612______600 ------9525 2------9438 6 1 4 ______------9750 601 ------9525 13______9280, 9281, 9331,. 9332, 9855, 9856 1550______602 - 9526 501______9209 1907______603 ------9528 503------9210 1909______604 ------9530 P roposed R ules : 1910______606------9531 608------9533 4______9457 1911______1912- ______612------9535 500 ------9216, 9217 9558 1914_;______616------9536 501 ------8925, 8926, 9218 . 9559, 9857 1915- ______. 9559, 9804 719------9123 756------9123 17 CFR P roposed R u le s: 813------97Q9 1710______------9757 818------9711 251______9553 846------__ 9712 P roposed R u l e s : 2 5 CFR 859------9713 231______9035 151______9383 1459------9714 271______9035 P roposed R u le s: 221 33 CFR 18 CFR . 9287,9620 n o ______9677 2______9157 2 6 CFR 117______8967 13 ______9676 l ______96721 207______9259 14 ______9332 194______8911 P roposed R ules 131______9676i P roposed R u l e s : 117______9395 159______9676 240______9440s 36 CFR P roposed R u l e s : 2______9348 2 8 CFR 7------9072, 9338*9339, 9387,9751 157______9348 o ______9676, 9714 P roposed R ules: 19 CFR 7______9345 l ______9749 2 9 CFR 8______9798: 2______. 9033, 9122: 37 CFR 10______9798 5 1 1 ______9386 5______9211 16______9121, 9487 610______9338 P roposed R ules: 25______9801 611______9856 1______9213 33______9801 6 1 2 ______9750 6______9124 P roposed R u l e s : 614______9750 615______9338 10______9754 38 CFR 850 ______. 9157, 9538 860_ „ ______9708 Ch. I ______9858 21 CFR P roposed R u l e s : 2 ______8703 3______8704 60______. 8972, 9876 3 ______8703, 9560 8______9657,9795 519-______17______9339 . 9345, 9754 19______8703 17______9381 526______9213 36______1 9560 19______:______8908; 601______•______9346 31______9867657______9346 120 ______8909, 8967, 9437, 9749 671 ______9346 39 CFR 121 ______8910, 8911, 9381, 9437, 9438, 9708673______9346 Ch. I ______9619, 9752 141a______9333 683 ______9346 113______9388 141c______9336 699______9346 134______9072, 9123 141e______9438 720______9346 137______9487 146a______9333, 9336, 9657 143______9388, 9751 146c______9336 30 CFR 146______9751 148k______9382 14 ______...... 9617 156______9487, 9752 P roposed R u les: 161 ______9341 31 CFR 162 ______9341 1______9078, 9873, 9874 54______9211 163 _ 9342 10______8925, 9079, 9809, 9874 306 ______9676 166______9342 53---- 9810 500 ______9211 168-______9342 121______8973 172 _ 9388 148n______9394 32 CFR 173 _ 9389 121______9626, 9875 l ______9262 242___ 9342 141c______9626 2______9262 245______9342 FEDERAL REGISTER 9909

41 CFR Page 45 CFR Page 47 CFR— Continued Page 1-16______9673 131______8916, 9390 P roposed R u l e s — Continued 3 -l_^ ______9033 220______9715 21______— ______9126 5 A -1 ______9715 234______9782 63______9089 5A-2______9342 249______.______9784 73 ______9090, 9395, 9623, 9811 5A-16______9715 1070______8919 74 ______9090, 9289 5A-72______9418 9-7______9282 9-16______9282 46 CFR 49 CFR 101-47______9858 172 ______— ______9868 2______9010 173 ______— 9868, 9869 42 CFR 42______— _ 9011, 9753 371______9342 43 _____ 9018 393______9343 73______— ______8914, 9072, 9806 45______9019 78______— 8952 1033______8920, 8921, 9033, 9870 46______9019 1048______9870 Proposed R ules: 527 ______9075 73______=- 9717 528 ______9076 P roposed R u l e s : 78______8953 537______9076 71______9213 P roposed R u l e s : 231______9756 43 CFR 371______8711 45______9754 391______9080 1720______8915 401______8923 392 ______9087 Public L and O rders: 504______9626 393 ______9088 4567 (revoked in part by PLO 1002______8927 4664)______i ______8915 47 CFR 1048______9816 4582: 1056______9623 M odified by PLO 4668______9389 0 ______9282 1249______9876 M odified by PLO 4669_____ 9715 1 ______9283 4664 ______8915 31______9860 50 CFR 4665 ____ ;______9075 73______8919, 9284 4666______9075 81— ______8968, 9284 10 - 9678 4667 ______9075 87______8703, 9284, 9390, 9679 28______9679 4668 ______9389 91______8968 32_ 9715, 9716, 9805 4669 ______9715 93— ______8968 33______9419, 9805 ______9419 4670 ____ 9860 P roposed R u l e s : 240 Proposed R u les: 0______9288 P roposed R u l e s : 2240______9077 1______9288 29______9680

J r | WM -si!«.- : UNITED STATES GOVERNMENT^! ORGANIZATION^ MANUAL -- - •«-- * /WwJ» | , . I I

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Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative» judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government.

° 0 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.