FEDERAL REGISTER VOLUME 34 • NUMBER 218 Thursday, November 13, 1969 • Washington, D.C. Pages 18153-18215

Agencies in this issue— Agriculture Department Air Force Department Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Hazardous Materials Regulations Board Immigration and Naturalization Service Internal Revenue Service Interstate Commerce Commission Justice Department Land Management Bureau Maritime Administration National Aeronautics and Space Administration Securities and Exchange Commission Small Business Administration State Department Tariff Commission Detailed list o f Contents appears inside. Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “ List of Sections A f­ fected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. A ll sections of the C FR which have been ex­ pressly affected by documents published in the daily Federal Reg­ ister are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.

Price: $6.75

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

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Contents

AGRICULTURE DEPARTMENT CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM Rules and Regulations See also Consumer and Market­ SERVICE ing Service. Rules and Regulations Interest on deposits; time deposits of foreign governmental entities Notices Irish potatoes grown in certain .and international organiza­ counties in California and Ore­ tions ______;------18157 Designation of areas for emer­ gon; shipment limitations------18171 gency loans: ' Lemons grown in California and Notices Arkansas and Florida------18189 Arizona; handling limitations— 18171 Commerce Bancshares, Inc.; order Louisiana------—------18189 Navel oranges grown in Arizona approving acquisition of bank T ex a s------18189 and designated part o f Cali­ stock by bank holding company- 18203 fornia; handling limitations (2 First Financial Corp.; application AIR FORCE DEPARTMENT documents)------— 18170 of approval of acquisition of Proposed Rule Making shares of bank------18203 Rules and Regulations First National Corp.; application Milk in Eastern Ohio-Western for approval of acquisition of Appointment of officers in regular Pennsylvania marketing area; shares of bank------18203 Air Force______— 18162 recommended decision------18173 DEFENSE DEPARTMENT FEDERAL TRADE COMMISSION ATOMIC ENERGY COMMISSION See Air Force Department. Rules and Regulations Proposed Rule Making Regulations under the Fair Pack­ FEDERAL AVIATION aging and Labeling Act: Exempt concentrations and gen­ ADMINISTRATION Measurement of container type erally licensed items— ------18178 Rules and Regulations commodities------18159 Required statements------18159 Notices Control zone and transition area; Westinghouse Electric Interna­ alteration______18159 FISH AND WILDLIFE SERVICE tional Co.; issuance of facility Transition areas : Notices export license______18191 Alterations (3 documents)----- 18158 Designation______18159 Loan applications: Revocation (2documents)-— 18158, Oliver, Dennis______18189 CIVIL AERONAUTICS BOARD 18159 Vizier, Wayne and Dempsey Borne______18189 Notices Proposed Rule Making Interlude International Corp., and Control zone and transition area; FOOD AND DRUG proposed alteration (5 docu­ Shelton G. Adelson; proposed ADMINISTRATION approval of interlocking rela­ ments) ______18175-18177 tionships __ :______18190 Federal airways, jet routes, and Rules and Regulations control area; proposed altera­ Certain drugs; certification------18161 tion ______18178 CIVIL SERVICE COMMISSION Transition areas : Notices Rules and Regulations Proposed alteration------18177 FMC Corp.; filing of petition re­ Proposed designation------18177 garding pesticide chemicals_____ 18191 Allowances and differentials pay- FEDERAL COMMUNICATIONS able in nonforeign areas______18157 GENERAL SERVICES COMMISSION General Services Administration; ADMINISTRATION excepted service______18157 Notices Rules and Regulations Notices Hearings, etc.: Communications Satellite Corp., Contract cost principles and pro­ Noncareer executive assignments; cedures; miscellaneous amend­ granting or revocation of au­ et al______18193 Hanz, Marvin C------18196 ments ______18164 thority to make: Agriculture Department— ______18192 Telegraph-Herald, Inc., and Answer-Iowa, Inc------18199 HAZARDOUS MATERIALS Commerce Department—______18192 United Television Co., Inc. REGULATIONS BOARD Housing and Urban Develop­ (WFAN-TV) et al______18199 ment Department (2 docu­ Notices ments) ______18192 FEDERAL POWER COMMISSION Special permits; issuance______18191 Transportation Department___18192 Proposed Rule Making HEALTH, EDUCATION, AND U.S. Arms Control and Disarm­ Small producer certificates of pub­ ament Agency (2 documents) _ 18193 lic convenience and necessity,— 18180 WELFARE DEPARTMENT See Food and Drug Administra­ Notices tion. COAST GUARD Hearings, etc.: Rules and Regulations Cities Service Co., et al_------18185 IMMIGRATION AND Dixilyn Corp., et al—------18185 NATURALIZATION SERVICE Vessel Inspection; delegation of Humble Gas Transmission Co— 18187 authority — ______18170 Humble Oil & Refining Co., Rul es and Regulations et al______18187 Nonimmigrant classes; readmis­ COMMERCE DEPARTMENT Lands Withdrawn in Project sion of certain nonimmigrants. 18157 No. 134______,______— 18185 See also Maritime Administration. Natural Gas Pipeline Company INTERIOR DEPARTMENT Notices of America—______— 18187 See Fish and Wildlife Service; Sun Oil Co., et al_,_____:------18181 Land Management Bureau. United Gas Pipe Line Co______18187 Publications Office; organization (Continued on next page) and functions______;|______18189 Wisconsin Michigan Power Co— 18188 18155 18156 CONTENTS

INTERNAL REVENUE SERVICE LAND MANAGEMENT BUREAU Notices Notices Rules and Regulations Hearings, etc.: Morgan, William A.; granting of Public land orders: Arkansas Power & Light Co__ 18204 Commercial Finance Corpora­ relief ______18188 California (2 documents) _ 18168,18169 tion of New Jersey______18204 Id a h o ______18169 General Public Utilities Corp__ 18204 Nevada______18168 INTERSTATE COMMERCE Liquid Optics Corp______18205 New Mexico (2 documents)____18167, COMMISSION 18169 Proposed Rule Making U ta h ______18169 SMALL BUSINESS W yom ing______18167 St. Louis, Mo.-East St. Louis, 111. ADMINISTRATION commercial zone; redefinition of MARITIME ADMINISTRATION Notices limits (2 documents).______18179 Rules and Regulations Alabama Capital, Inc.; notice of Notices . intention to surrender small Regulations affecting subsidized business investment company li­ Fourth section applications for vessels and operators______18170 cense ----- 18206 re lie f------18206 Motor carrier: NATIONAL AERONAUTICS AND Alternate route d e v ia tio n STATE DEPARTMENT notices ______18206 SPACE ADMINISTRATION --Rules and Regulations Applications and certain other Notices Automatic re validation of non­ proceedings (2 documents)___ 18207, Extraterrestrial exposure; estab­ immigrant visas in certain 18211 lishment of quarantine period_ 18204 cases ______18161 Intrastate applications______18213 Temporary authority applica­ tions ______18211 SECURITIES AND EXCHANGE TARIFF COMMISSION Transfer proceedings______18213 COMMISSION Notices Texas intrastate passenger Rules and Regulations Assembled and processed articles; coach fares______18206 Sale and distribution of whisky postponement of hearing______18206 warehouse receipts :______18160 JUSTICE DEPARTMENT TRANSPORTATION DEPARTMENT See also Immigration and Nat­ See Coast Guard; Federal Avia­ uralization Service. tion Administration; Hazardous Materials Regulations Board. Notices Deputy Assistant Attorney- Gen­ TREASURY DEPARTMENT eral; delegation of authority___18188 See Internal Revenue Service. 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.

5 CFR 14 CFR 41 CFR 213 ______18157 71 (7 documents)______18158, 18159 1-15— ______18164 591______18157 P roposed R u l e s : 7 CFR 71 (8 documents)_—. . ___ 18175-18178 43 CFR 75 ______. _____ 18178 P ublic L and O rders: 907 (2 docum ents)______18170 910______18171 4737 ______18167 16 CFR 4738 ___ 18167 947______18171 500 (2 documents)____ . ______18159 4739— ______18168 P roposed R ules: 4740 ______18168 1036______18173 17 CFR 4741 ______18169 4742 ______— ______18169 231______18160 8 CFR 4743— ______18169 241 ______18160 4744____ -______i ____ _ 18169 214 ____ — — 18157 18 CFR 46 CFR 10 CFR P roposed R u l e s : 2______18170 P roposed R ules: 157______48180 272______î- - — 18170 30 ------— 18178 31 ------18178 21 CFR 49 CFR 141c _ _ __ v _18161 12 CFR 146c ______. _18161 P roposed R ules: 217------— 18157 148n______18161 1048 (2 documents)------18179 22 CFR 41— ______18161 32 CFR 885 __ __.. __ ___ 18162 18157 Rules and Regulations

sional Affairs is excepted under Schedule ernmental entities, (2) an international Title 8— ALIENS AND C. Effective on publication in the F ed­ entity of which the United States is a eral R egister, subparagraph (9) is add­ member, or (3) ahy other foreign, inter­ NATIONALITY ed to paragraph (a) of § 213.3337 as set national, or supranational entity specifi­ out below. cally designated by the Board as exempt Chapter I— Immigration and Natural­ § 213.3337 General Services Adminis­ from | 217.7. All certificates of deposit ization Service, Department of Justice tration. issued by member banks to such entities [Pile No. CO 845—P] on which the contract rate of interest (a) * * * exceeds the maximum prescribed under PART 214— NONIMMIGRANT •(9) The Director of Congressional § 217.7 shall provide that (1) in the event CLASSES Affairs. of transfer, the date of transfer, attested (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- to in writing by the transferor, shall Readmission of Certain 1958 Comp., p. 218) appear on the certificate, and (2) the Nonimmigrants U nited S tates Civil S erv­ maximum rate limitations of § 217.7 in The following amendment to Chapter ice Commission, effect at the date of issuance of the cer­ I of Title 8 of the Code of Federal Regu­ [ seal] JAmes C. S pry, tificate shall apply to the certificate for lations is hereby prescribed: Executive Assistant to any period during which it is held by a Paragraph (a) General of § 214.1 the Commissioners. person other than an entity exempt Requirements for admission, extension, therefrom under the foregoing sentence.8 [F.R. Doc. 69-13410; Filed, Nov. 12, 1969; Upon the presentment of such a certifi­ and maintenance of status is amended 8:45 a.m.] by inserting the following sentence after cate for payment, the bank may pay the the existing first sentence: “A nonimmi­ holder the contract rate of interest on grant whose visa has been automatically PART 591— ALLOWANCES AND DIF­ the deposit for the time that the certifi­ revalidated pursuant to 22 CFR 41.125 FERENTIALS PAYABLE IN NON- cate was actually owned by an entity so exempt. (f) shall, if otherwise admissible, be re­ FOREIGN AREAS admitted for a period not to exceed the 2. Section 217.12 of this part is hereby unexpired period of his initial admission Based on an annual review of the liv­ revoked. or extension of stay which had been ing-cost surveys made in 1968, the Com­ 3 a. The purposes of this amendment authorized by the Service prior to his de­ missioners terminated the allowance for are (1) to expand the categories of or­ parture to foreign contiguous territory the Virgin Islands effective the first day ganizations on whose time deposits or adjacent islands, as endorsed by the of the first pay period in July 1969, member banks may pay rates of interest Service oh the Form 1-94 issued in con­ simultaneous with the implementation in excess of those permitted by § 217.7, nection with the returning nonimmi­ of the new General Schedule and PFS and (2) to provide an alternative method grant’s prior admission or stay and pre­ Schedule. Section 591.202 is amended by which an exempt organization may sented by him, or as endorsed by the by deleting the reference to the Virgin transfer a certificate of deposit to a issuing school official or program spon­ Islands of the United States. nonexempt holder. Formerly, a time sor on Form 1-20 or DSP-66 presented (5 U.S.C. 5941, sec. 202, E.O. 10000; 3 CFR, deposit of a foreign government, a mone­ by a returning nonimmigrant as defined 1943-1948 Comp., p. 794, E.O. 10636; 3 CFR, tary or financial authority of a foreign in paragraph (F) or (J) of section 101 1954-1958 Comp., p. 268) government when acting as such, or an (a) (15) of the Act.” U nited States Civil S erv­ international financial institution of which the United States is a member (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) ice Commission, [ seal] James C. Spry, was exempt from the interest rate lim­ This order shall be effective on the Executive Assistant to itations of § 217.7. A broadening of the date of its publication in the F ederal the Commissioners. categories of exempt organizations is Register. Compliance with the provi­ consistent with the purposes of § 217.3 [F.R. Doc. 69-13411; FJled, Nov. 12, 1969; sions of section 553 of title 5 of the 8:45 a.m.] (g )— to encourage the maintenance of United States Code (80 Stat. 383), as to foreign governmental time deposits in notice of proposed rule making and American banks. An alternative method delayed effective date is unnecessary in of transferring to a nonexempt holder this instance because the rule prescribed a certificate of deposit issued to an by the order confers benefits upon per­ Title 12— RANKS AND RANKING exempt organization is included in foot­ sons affected thereby. Chapter II— Federal Reserve System note 6. The alternative method provides the same safeguards as the method Dated: November 6, 1969. SUBCHAPTER A— BOARD OF GOVERNORS OF heretofore prescribed by § 217.3(g). R aymond F. F arrell, THE FEDERAL RESERVE SYSTEM b. The procedures of section 553(b) Commissioner of [Reg. Q] title 5, United States Code, with respect Immigration and Naturalization. PART 217— INTEREST ON DEPOSITS to notice, public participation, and de­ [F.R. Doc. 69-13430; Filed* Nov. 12 , 1969; ferred effective date were not followed 8:46 a.m.] Miscellaneous Amendments in connection with this amendment. The 1. Effective November 5, 1969,alternative method of transfer is pro­ § 217.3(g) is amended to read as follows: cedural in nature and involves no sub­ (g) Time deposits of foreign govern­ stantive change. The revision of the Title 5— ADMINISTRATIVE mental entities and international or­ ganizations. Section 217.7 does not apply 0A new certificate not maturing prior to PERSONNEL to the rate of interest that may be paid the maturity date of the original certificate may be issued by the member bank to the Chapter I— Civil Service Commission by a member bank on a time deposit hav­ ing a maturity of 2 years or less and rep­ transferee, in which event the original must PART 213— EXCEPTED SERVICE resenting funds deposited and owned by be retained by the bank. The new certificate may not provide for interest after the date General Services Administration (1) a foreign government, or an agency of transfer at a rate in excess of the appli­ or instrumentality thereof engaged prin­ cable maximum rate authorized by § 217.7 Section 213.3337 Is amended to show cipally in activities which are ordinarily as of the date of issuance of the original that one position of Director of Congres­ performed in the United States by gov­ certificate.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18158 RULES AND REGULATIONS

categories of exempt organizations is a Issued in East Point, Ga., on Novem­ to alter the description of the Aurora, liberalization resulting in the relaxation ber 3, 1969. Oreg., transition area. of their restrictive nature. In these cir­ J a m e s G . R ogers, On July 1, 1969, a notice of proposed cumstances, the Board found such pro­ Director, Southern Region. rule making was published in the F ederal cedures to be unnecessary and contrary [F.R. Doc. 69-13460; Filed, Nov. 12, 1969; R e g ister (34 F.R. 11103) stating that to the public interest. 8:48 a.m.] the Federal Aviation Administration was By order of the Board of Governors, considering designating a transition for November 5, 1969. [Airspace Docket No. 69-SO-136] Aurora State Airport, Aurora, Oreg. The transition area was to be described in [ s e a l ] R o bert P. F or r estal, pa rt 71— designation o f f e d er a l part on the 125° T (104° M ) and 305° T Assistant Secretary. AIRWAYS, CONTROLLED AIRSPACE, (284° M ) radials of the Newberg [F.R. Doc. 69-13420; Filed, Nov. 12, 1969; AND REPORTING POINTS VORTAC. No objections were received to 8:45 a.m.] Alteration of Transition Area this proposal. A final rule was issued on August 12, The purpose of this amendment to 1969 with an effective date of October 16, Part 71 of the Federal Aviation Regula­ 1969, adopting the proposal subject to tions is to alter the Camden, S.C., tran­ changing the Newberg VORTAC radials Title 14— AERONAUTICS AND sition area. to 123° T (101° M ) and 303° T (282° M). The Camden transition area is de­ This change was made to provide better SPACE scribed in § 71.181 (34 F.R. 4637). In the alignment of the final approach course. Chapter I— Federal Aviation Adminis­ description, an extension is predicated Recent updated data has now been re­ tration, Department of Transportation on the 040° bearing from the Camden ceived from Coast and Geodetic Survey RBN and has a designated width of 2 which again requires changes in the New­ [Airspace Docket No. 69-SO-121] miles each side of the bearing and a berg VORTAC radials. Action is taken length of 8 miles. herein to reflect this change. pa rt 71— DESIGNATION OF FEDERAL U.S. Standards for Terminal Instru­ In consideration of the foregoing in AIRWAYS, CONTROLLED AIRSPACE, ment Procedures (TERPs), issued after §71.181 (34F.R. 13412) the description of AND REPORTING POINTS extensive consideration and discussion the Aurora, Oreg. transition area is Alteration of Transition Area with Government agencies concerned amended by deleting reference to the and affected industry groups, are now Newberg VORTAC “ * * * 123° * * *” The purpose of this amendment to Part being applied to update the criteria for and “ * * * 303° * * *” radials and sub­ 71 of the Federal Aviation Regulations is instrument approach procedures. The stituting “ * * * 126° * * *” and “ * * * to alter the Rockingham, N.C., transition criteria for the designation of controlled 306° * * *” therefor. area. airspace protection for these procedures Since these changes are minor in The Rockingham transition area is was revised to conform to TERPs and nature, notice and public procedure described in § 71.181 (34 F.R. 4637). An achieve increased and efficient utiliza­ hereon are unnecessary. extension to the transition area, predi­ tion of airspace. Effective date: This amendment shall cated on Pinehurst VORTAC 206° radial, Because of this revised criteria, it is be effective 0901 G.m.t., January 8, 1970. has a designated width of 2 miles each necessary to alter the description by in­ creasing the width of the extension from Issued in Los Angeles, Calif., on No­ side of the radial and extends from the vember 3, 1969. 5-mile radius area to 13 miles southwest 2 to 3 miles each side of the 040° bearing from Camden RBN and by increasing the L ee E. W arren, of the VORTAC. Acting Director, Western Region. The application of Terminal - Instru­ length from 8 to 8.5 miles. In consideration of the foregoing, no­ [F.R. Doc. 69-13462; Filed, Nov. 12, 1969; ment Procedures (TERPs) and the rede- 8:48 a.m.] finement of. the final approach radial of tice and public procedure hereon are un­ AL-5578 VOR/DME-1 instrument ap­ necessary and Part 71 of the Federal Avi­ proach procedure requires redesignating ation Regulations is amended, effective [Airspace Docket No. 69-SO-133] immediately, as hereinafter set forth. the transition area extension to Pine­ PART 71— DESIGNATION OF FEDERAL hurst VORTAC 203° radial; increasing In § 71.181 (34 F.R. 4637), the Camden, the width to 4 miles each side of this ra­ S.C., transition area is amended to read: AIRWAYS, CONTROLLED AIRSPACE, dial, and reducing the length by 5 miles. Cam d en, S.C. AND REPORTING POINTS These actions result in an overall reduc­ That airspace extending upward from 7.00 Revocation of Transition Area tion of approximately 15 square miles of feet above the surface within a 7-mile radius controlled airspace; of Woodward Field (lat. 34°17'03" N., long. The purpose of this amendment to Since these amendments lessen the 80° 33 '53" W .); within 3 miles each side of Part 71 of the Federal Aviation Regula­ the 040° bearing from Camden RBN (lat. tions is to revoke the Stuart, Fla., transi- burden on the public, notice and public 34°17'02y N., long 80°33'42.5" W .), extend­ procedure hereon are unnecessary and ing from the 7-mile radius area to 8.5 miles tion area. action is taken herein to alter the tran­ northeast of the RBN. The Stuart transition area is described sition area description accordingly. (Sec. 307(a), Federal Aviation Act of 1958, in § 71.181 (34F.R. 4637). In consideration of the foregoing, Part 49 U.S.C. 1348(a), sec. 6 (c), Department of The controlled airspace protection at 71 of the Federal Aviation Regulations is Transportation Act, 49 U.S.C. 1655(c)) Witham Airport will no longer be re­ amended, effective 0901 G.m.t., Decem­ Issued in East Point, Ga., on November quired after December 1, 1969, as the ber 4, 1969, as hereinafter set forth. 3, 1969. Special ADF Instrument Approach Pro­ cedure, utilizing Commercial Broadcast In § 71.181 (34 F.R. 4637), the Rock­ J am e s G . R ogers, Director, Southern Region. Station WSTU, will be canceled on that ingham, N.C., transition area is amended date. It is necessary to revoke the transi­ to read: [F.R. Doc. 69-13461; Filed, Nov. 12, 1969; tion area which was established to pro­ ROCKIlfGHAM, N.C. 8:48 a.m.] vide required controlled airspace protec­ That airspace extending upward from 700 ts ,vn fnv TWR airi» VI) ft. PVPfUlting thlS feet above the surface within a 5-mile radius [Airspace Docket No. 69-WE-76] approach. of Rockingham-Hamlet Airport (lat. 34°53'- PART 71— DESIGNATION OF FEDERAL Since this amendment lessens the 30" N., long. 79°45'35" W .); within 4 miles Knvrlan ivn fh o nuhliP £LI1(1 PUDllC each side of Pinehurst VORTAC 203° radial, AIRWAYS, CONTROLLED AIRSPACE, extending from the 5-mile radius area to 18 AND REPORTING POINTS procedure hereon are unnecessary. miles southwest of the VORTAC. In consideration of the foregoing, Part Alteration of Transition Area 71 of the Federal Aviation Regulations is (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348(a); sec. 6 (c), Department of The purpose of this amendment to Part amended, effective 0901 G.m.t., Decem­ Transportation Act, 49 U.S.C. 1655(c)) 71 of the Federal Aviation Regulations is ber 1, 1969, as hereinafter set forth.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18159

Clarksdale, M is s . In § 71.181 (34 P.R. 4637), the Stuart, the McCoy AFB LOM. Since the compass Fla., transition area is revoked. locator, which is collocated with the That airspace extending upward from 700 outer marker, will be decommissioned, feet above the surface within a 6.5-mile (Sec. 307(a), Federal Aviation Act of 1958, effective January 29, 1979, it is necessary radius of Fletcher Field (lat. 34°17'45" N., 49 U.S.C. 1348(a); sec. 6 (c), Department of long. 90°30'50" W .); within 3 miles each side Transportation Act, 49 TJ.S.C. 1655(c) ) to alter the descriptions to delete refer­ ences to the LOM and make reference to of the 010° and 163° bearings from the Issued in East Point, Ga., on Octo­ Clarksdale R BN (lat. 34°17'33" N., long. the OM. 90°30'57" W .), extending from the 6.5-mile ber 31,1969. Since these amendments are editorial radius area to 8.5 miles north and south of J am e s G . R ogers, in nature, notice and public procedure the RBN. Director, Southern Region. hereon are unnecessary and action is (Sec. 307(a), Federal Aviation Act of 1958, [F.R. Doc. 69-13463; Filed, Nov. 12, 1969; taken herein to amend the descriptions 49 U.S.C. 1348(a), sec. 6 (c), Department of 8:48 ajn .] accordingly. Transportation Act, 49 U.S.C. 1655(c)) In consideration of the foregoing, Part Issued in East Point, Ga., on No­ [Airspace Docket No. 69—SO-130] 71 of the Federal Aviation Regulations is vember 4,>-1969. amended, effective 0901 G.m.t., Janu­ PART 71— DESIGNATION OF FEDERAL J a m e s G . R ogers, ary 29,1970, as hereinafter set forth. Director, Southern Region. AIRWAYS, CONTROLLED AIRSPACE, In § 71.171 (34 F.R. 4557), the Orlando, AND REPORTING POINTS Fla. (McCoy AFB ), control zone and in [F.R. Doc. 69-13474; Filed, Nov. 12, 1969; § 71.181 (34 F.R. 4637), the Orlando, Fla., 8:49 a.m.] Revocation of Transition Area transition area are amended as follows: The purpose of this amendment to “ * * * LOM * * *” is deleted and Part 71 of the Federal Aviation Regula­ “ * * * OM * * *” is substituted there­ Title 16— COMMERCIAL tions is to revoke the Louisville, Miss., for, wherever it appears. transition area. (Sec. 307(a), Federal Aviation Act of 1958, The Louisville transition area, de­ 49 U.S.C. 1348(a); sec. 6 (c), Department of PRACTICES scribed in § 71.181 (34 F.R. 4637), was Transportation Act, 49 U.S.C. 1655 (c ) ) Chapter I— Federal Trade Commission designated to provide controlled airspace Issued in East Point, Ga., on SUBCHAPTER E— RULES, REGULATIONS, STATE­ protection for IF R operations at Louis­ November 4,1969. MENT OF GENERAL POLICY OR INTERPRETA­ ville-Winston County Airport. Two pre­ J a m e s G. R ogers, TION AND EXEMPTIONS UNDER THE FAIR scribed instrument approach procedures Director, Southern Region. PACKAGING AND LABELING ACT to this airport, utilizing a proposed (pri­ [F.R. Doc. 69-13473; Filed, Nov. 12, 1969; PART 500— REGULATIONS UNDER vate) nondirectional radio beacon, were 8:49 a.m.] developed. SECTION 4 OF THE FAIR PACKAG­ Louisville-Winston County officials ad­ ING AND LABELING ACT vised that the proposal to establish the [Airspace Docket No. 69-SO-90] nondirectional radio beacon had been Confirmation of Effective Date of abandoned. Accordingly, it is necessary PART 71— designation o f f e d er a l Order to amend Part 71 of the Federal Aviation AIRWAYS, CONTROLLED AIRSPACE, Regulations by revoking this transition AND REPORTING POINTS In the matter of amending § 500.3 (c) area. and (d) by inserting the words “pack­ Since this amendment lessens the bur­ Designation of Transition Area aged and labeled” immediately before the words “consumer commodity” where den on the public, notice and public pro­ On September 24,1969, a notice of pro­ cedure hereon are unnecessary. the latter appears in each paragraph, posed rule making was published in the and amending § 500.16 by inserting In consideration of the foregoing, Part F ederal R eg ister (34 F.R. 14737), stating 71 of the Federal Aviation Regulations “thirds” in the listing of common frac­ that the Federal Aviation Administra­ tions which may be used to express linear is amended, effective immediately, as tion was considering an amendment to measurements in yards and feet: hereinafter set forth. Part 71 of the Federal Aviation Regula­ In § 71.181 (34 F.R. 4637), the Louis­ tions that would designate the Clarks- Pursuant to the provisions of the Fair ville, Miss., transition area is revoked. dale, Miss., transition area. Packaging and Labeling Act (sections 4, 6, 80 Stat. 1297,1299,1300; 15 U.S.C. 1453, (Sec. 307(a), Federal Aviation Act of 1958 Interested persons were afforded an 49 U.S.C. 1348(a); sec. 6 (c ), Department of 1454, 1455), notice is given that no ob­ opportunity to participate in the rule jections were filed in the above-identified Transportation Act, 49 U.S.C. 1655(c)) making through the submission of com­ matter published in the F ederal R eg ister Issued in East Point, Ga., on Octo­ ments. All comments received were ber 29,1969. favorable. of September 24, 1969 (34 F.R. 14730). J a m es G. R ogers, Subsequent to publication of the notice, Accordingly, the October 24, 1969 effec­ Director, Southern Region. the gegoraphic coordinate (lat. 34°17'45" tive date of the amendments to §§ 500.3 [F.R. Doc. 69-13464; Fileg, Nov. 12, 1969; N., long. 90°30'50" W.) for Fletcher Field (c) and (d) and 500.16 is confirmed. 8:48 a.m.] was obtained from Coast and Geodetic Issued: November 7, 1969. Survey. Also, it was determined that the word “area” was inadvertently omitted By direction of the Commission. [Airspace Docket No. 69—SO-127] from the extensions predicated on the [ s e a l ] J o s e p h W. S h e a , PART 71— DESIGNATION OF FEDERAL 010° and 163° bearings from Clarksdale Secretary. AIRWAYS, CONTROLLED AIRSPACE, RBN. It is necessary to alter the descrip­ [F.R. Doc. 69-13504; Filed, Nov. 12, 1969; AND REPORTING POINTS tion by inserting the geographic coordi­ nate for the airport and appropriately in­ 8:51 a.m.] Alteration of Control Zone and serting the word “ area.” Transition Area Since these amendments are editorial PART 500— REGULATIONS UNDER in nature, notice and public procedure SECTION 4 OF THE FAIR PACKAG­ The purpose of this amendment to hereon are unnecessary and action is Part 71 of the Federal Aviation Regula­ taken herein to alter the description ING AND LABELING ACT tions is to alter the Orlando, Fla. accordingly. (McCoy AFBh control zone and the Measurement of Container Type Orlando, Fla., transition area. . In consideration of the foregoing, Part Commodities, How Expressed 71 of the Federal Aviation Regulations is The Orlando (McCoy APB) control In the matter of amending Part 500 by amended, effective 0901 G.m.t., Febru­ zone is described in § 71.171 (34 F.R. the addition of a new § 500.15a prescrib­ 4557) and the Orlando transition area is ary 5, 1970, as hereinafter set forth. described in § 71.181 (34 F.R. 4637). In In § 71.181 (34 F.R. 4637), the follow­ ing the manner of expressing the meas­ the descriptions, references are made to ing transition area is added: urement of container type commodities:;

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18160 RULES AND REGULATIONS

Pursuant to the provisions of the Fair ky involves distilling, aging, and blend­ rather as the result of the efforts of Packaging and Labeling Act (sections 4, ing. The blenders, who blend many varie­ someone else.” 8 S.E.C. at 637.1 6, 80 Stat. 1297, 1299, 1300; 15 U.S.C. ties of aged whisky to arrive at their The anti-fraud provisions of the Fed­ 1453, 1454, 1455), notice is given that no final product, are frequently unable to eral securities laws, including section objections were filed in the above-identi­ finance the purchase of all their needs 17(a) of the Securities Act and section fied matter published in the F ederal R eg­ from distillers because of the burden of 10(b) and Rule 10b-5 [17CFR240.10b-5] ister of September 24, 1969 (34 F.R. financing the long aging process and under the Securities Exchange Act, make 14731). Accordingly, the February 1, because of the risks associated with it unlawful, in connection with the pur­ 1970, effective date of the new § 500.15a is changes in the whisky as it mellows. The chase or sale of a security, to make mis­ confirmed. aging process is a fundamental part of statements or misleading omissions of Issued: November 7, 1969. the production process. Freshly distilled material facts, and prohibit other fraud­ Scotch whiskies vary considerably and ulent and deceptive practices. The anti­ By direction of the Commission. change as they age, and blenders’ needs fraud provisions apply to advertisements, [ seal] Joseph W. Shea, change as public tastes change; conse­ literature and other statements and rep­ Secretary. quently the need for a particular whisky resentations made in connection with the cannot be determined until it is ready for offer and sale of securities, and particular [FR. Doc. 69-13503; Filed,. Nov. 12, 1969; blending. In order to finance the risks attention is called to these provisions in 8:51 a.m.] involved in the final production of a view of the exaggerated claims made in blended whisky, whisky warehouse re­ some of the advertisements and other ceipts are sold to persons and institutions. material used to promote sales of whisky Generally, the receipt covers casks of warehouse receipts. Title 17— COMMODITY AND whisky which are contained in one or It should also be noted that persons more warehouses, and the arrangement engaged in the business of buying or sell­ SECURITIES EXCHANGES under which the whisky warehouse re­ ing investment contracts taking the form ceipt is sold to the investor-purchaser of whisky warehouse receipts as agents Chapter II— Securities and Exchange generally contemplates that the whisky for others, or in the business of buying will continue to be stored until it is aged Commission and selling such securities as principal and that it will eventually be sold for for their own account,, would be brokers [Release Nos. 33-5018 and 34-8733] him to the blenders who will use it to or dealers within the meaning of the blend other whiskies to produce the final PART 231— IN TERPRETATIVE RE­ Securities Exchange Act of 1934, and product. would generally be required to be reg­ LEASES RELATING TO THE SECU­ The purchaser of the whisky ware­ istered as such with the Commission RITIES ACT OF 1933 AND GEN­ house receipt is not being offered or sold under the provisions of section 15 of the ERAL RULES AND REGULATIONS such receipts with a view to acquiring Act. Such a broker or dealer would be THEREUNDER and taking possession of the whisky. subject also to other regulatory provi­ Rather, the purchaser in these cases is sions, including the Commission’s Rule PART 241— IN TERPRETATIVE RE­ 15c3-l (17 CFR 240.15c3-l), which im­ LEASES RELATING TO THE SECURI­ making an investment under an arrange­ poses net capital requirements on brokers TIES EXCHANGE ACT OF 1934 AND ment which contemplates that others will and dealers. GENERAL RULES AND REGULA­ perform services which will increase the Persons engaging in the sale of whisky TIONS THEREUNDER value of the whisky and will also even­ warehouse receipts who have any ques­ tually sell the whisky under circumstan­ tions concerning the applicability of the Sale and Distribution of Whisky ces which are expected to result in a Federal securities laws to their activities Warehouse Receipts should consult the nearest regional office profit to the purchaser-investor. of the Commission. The Securities and Exchange Commis­ In S.E.C. v. W. J. Howey Co., 328 U.S. By the Commission, November 4, 1969. sion today called attention to the appli­ 293, 301 (1946), the Supreme Court cability of the Federal securities laws to stated that the test of whether a security [ seal] O rval L. D uBois, the sale and distribution of whisky ware­ is being offered “ is whether the scheme Secretary. house receipts in areas subject to the ju­ involves an investment of money in a (F.R. Doc. 69-13455; Filed, Nov. 12, 1969; risdiction of the United States. The Com­ common enterprise with profits to come 8:47 a.m.] mission pointed out that the promotion solely from the efforts of others. I f that 1 This is not the first time that the Com­ and sale of such receipts may involve an test be satisfied, it is immaterial whether mission has been concerned with the sale of whisky warehouse receipts in the context of offering of a security in the form of an the enterprise is speculative or non- investment contracts. In two related cases, investment contract within the meaning speculative, or whether there is a sale of Penfield Co. v. S.E.C., 143 F. 2d 746 (9th Cir. of the Securities Act of 1933 and the 1944), and S.E.C. v. Bourbon Sales Corp., property with or without intrinsic value 47 F: Supp. 70^j(W.D. Ky., 1942), subpoenas Securities Exchange Act of 1934, and that * * *. The statutory policy of affording issued by the Commission were enforced by any public offering of any such securities broad protection to investors is not to the courts despite Respondents’ objections must comply with the registration and be thwarted by unrealistic and irrelevant that no securities were involved. The re­ spondents sold bourbon whisky warehouse prospectus requirements of the Securi­ formulae.” In Howey the Supreme Court receipts to investors and then, in exchange ties Act, unless an exemption therefrom noted that the Commission has followed for the receipts, offered them contracts under is available, and must comply with the the same definition in In re National which the respondents would bottle and sell the whisky for the investor with the re­ antifraud provisions of the Securities Act Resources Corporation, 8 S.E.C. 635 spondents keeping a percentage of the profit. and the Securities Exchange Act and the (1941). The Commission there stated The court in Penfield stated: “These con­ regulations thereunder. that “ transactions* which, in form, ap­ tract provisions >and representations, as well as the fact that the contract-holders, being Recently, the public promotion and pear to involve nothing more than the ordinary investors and not liquor dealers, distribution of whisky warehouse receipts sale of real estate, chattels or services, would not have the facilities or the necessary has been increasing in the United States. have been held to be investment con­ Federal and State liquor licenses to take the whisky out of bond and dispose of it, make In most cases the whisky warehouse re­ tracts where, in substance, they involve it clear that they must look entirely to the ceipts offered have related to unblended the laying out of money by the investor efforts of the promoters to make their invest­ whisky, usually unblended Scotch whis­ on the assumption and expectation that ment a profitable one, the criterion in our opinion in Atherton v. United States * * * ky being aged in a bonded warehouse in the investment will return a profit with­ [128 F. 2d 463 (9th Cir. 1942) ] at page 465.” Scotland. The production of Scotch whis- out any active effort on his part, but 143 F. 2d at 751.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18161

monilial prophylaxis and found that ade­ amended by repealing §§ 141c.224, 141c.- Title 21— FOOD AND DRUGS quate documented evidence is lacking 225, 141C.229, 141C.236, 141C.259, 141C.263, that the fixed combinations are useful 141C.271, 146C.224, 146C.225, 146C.229, Chapter I— Food and Drug Adminis­ during therapy in preventing clinical dis­ 146c.236, 146C.259, 146C.263, 146C.271, tration, Department of Health, Edu­ ease due to monilial superinfection. The 148n.9, and 148n.l0, and all antibiotic cation, and Welfare Food and Drug Administration concurred certificates issued under those regula­ with the views expressed by the Academy tions are revoked. SUBCHAPTER C— DRUGS and concluded that substantial evidence Any person who will be adversely af­ PART 141 c— CHLORTETRACYCLINE is lacking that each of these combination fected by the removal of any such drugs (OR TETRACYCLINE) AND CHLOR­ drugs will have the effect it purports or is from the market may file, within 30 days represented to have. after publication hereof in the F ederal TETRACYCLINE- (OR TETRACY­ All interested persons who might be R egister, objections to this order stating CLINE-) CO N TAIN IN G DRUGS; adversely affected by removal of drugs reasonable grounds and requesting a TESTS AND METHODS OF ASSAY containing any of the above-listed com­ hearing on such objections. A statement binations from the market were invited of reasonable grounds for a hearing (1) PART 146 c— CERTIFICA TIO N OF to submit within 30 days, any pertinent should identify the claimed errors in the CHLORTETRACYCLINE (OR TETRA­ data bearing on the proposal to amend National Academy of Sciences—National CYCLINE) AND CHLORTETRACY­ the antibiotic drug regulations to delete Research Council’s evaluation and the CLINE (OR TETRACYCLINE-) CON­ from the list of drugs acceptable for Administration’s conclusions as to the TAINING DRUGS certification, those that contain the effectiveness of the combination drug and above-listed antibiotic combinations. (2) should identify any adequate and PART 148n— OXYTETRACYCLINE Lederle Laboratories submitted re­ well-controlled investigations on the sponses to the announcement which have basis of which it reasonably could be con­ Certain Tetracycline-Nystatin, Oxytet- been reviewed and found to contain no cluded that the drug would have the ef­ racycline-Nystatin, and Demethyl- new clinical data. The Food and Drug fectiveness claimed for its intended uses. chlortetracydine - Nystatin Combi­ Administration concludes that the ma­ Objections should be filed (preferably in nation Preparations for Oral Use in terial submitted does not provide sub­ quintuplicate) with the Hearing Clerk, Humans stantial evidence of effectiveness of such Department of Health, Education, and combination drugs. Welfare, -Room 5440, 330 Independence In the F ederal R eg ister of April 2, In addition to the above-listed prod­ Avenue SW., Washington, D.C. 20201, 1969 (34 F.R. 6007), the Commissioner ucts, for which the conditions of certifi­ and may be accompanied by a memoran­ of Food and Drugs announced the con­ cation are described in §§ 141c.224, dum or brief in support thereof. clusions of the Food and Drug Admin­ 141c.225, 141C.229, 141C.236, 141C.259, If objections accompanied by reason­ istration following evaluation of reports 141c.263, 146C.224, 146C.236, 146C.259, able grounds are received, the Commis­ received from the National Academy of 146C.263, 148n.9 and 148n.l0, other sec­ sioner will promptly announce a hear­ Sciences—National Research Council, tions, §§ 141C.271, 146C.225, 146C.229, and ing. I f a hearing is scheduled, it will be Drug Efficacy Study Group, on the fol­ 146C.271, described the conditions for held under the provisions of section 507 lowing preparations: certification of other oral dosage forms (f) of the Federal Food, Drug, and Cos­ A. Combination drugs containing tet­ of such combinations. Preparations cur­ metic Act. racycline, tetracycline hydrochloride, or rently marketed under these regulations Effective date. This order shall become tetracycline phosphate complex with in addition to those listed above are: effective 40 days after its date of pub­ nystatin: 1. Tetrex-F Capsules (tetracycline lication in the F ederal R egister unless 1. Mysteclin-V Capsules; E. R. Squibb phosphate complex-nystatin ) and Tet- stayed by the filing of proper objections. & Sons, Inc., Georges Road, New Bruns-* rex-F for Oral Suspension (tetracycline- The Commissioner will announce in the wick, N.J. 08903. nystatin) ; Bristol Laboratories, Division F ederal R egister whether or not requests 2. Tetrastatin for Oral Suspension; of Bristol-Myers Co., Thompson Road, for hearing with reasonable grounds have Chas. Pfizer & Co., Inc., 235 East 42d Syracuse, N.Y. 13201. been received during the 30-day period. Street, New York, N.Y. 10017. 2. Declostatin 300 Tablets (demeth- 3. Tetrastatin Capsules; Chas. Pfizer & ylchlortetracycline-nystatin); Lederle At that time the Commissioner will spec­ Co., Inc. Laboratories, Division of American Cy­ ify how the outstanding stocks of the 4. Corny ein Half-Strength Capsules; anamid Co. affected drugs are to be handled. The Upjohn Co., 7171 Portage Road, The data submitted in support of these (Secs. 502, 507, 52 Stat. 1050-51, as amended, Kalamazoo, Mich. 49002. preparations, though not evaluated by 59 Stat. 463, as amended; 21 U.S.C. 352, 357) 5. Comycin Capsüles; The Upjohn Co. the National Academy of Sciences-—Na­ 6. Achrostatin V for Oral Suspension; tional Research Council, have been re­ Dated: November 4,1969. Lederle Laboratories, Division of Ameri­ viewed by the Food and Drug Adminis­ H erbert L. L e y , Jr., can Cyanamid Co., West Middletown tration and have been found to lack sub­ Commissioner of Food and Drugs. Road, Pearl River, N.Y. 10965. stantial evidence that the fixed combi­ 7. Achrostatin V Capsules; Lederle [F.R. Doc. 69-13425; Filed, Nov. 12, 1969; nations will have the effect they purport 8:46 a.m.] Laboratories, Division of American Cy­ or are represented to have. anamid Co. Accordingly, the Commissioner of Food B. Combination drugs containing Oxy­ and Drugs concludes (1) that the reg­ tetracycline and nystatin: ulations for the certification of antibi­ Title 22— FOREIGN RELATIONS 1. Terrastatin for Oral Suspension; otic drugs should be amended as follows Chas. Pfizer & Co., Inc. to delete the above-listed antibiotic com­ Chapter I— Department of State 2. Terrastatin Capsules; Chas. Pfizer binations of oral dosage forms for hu­ [Departmental Reg. 108.612] & Co., Inc. man use from the list of drugs acceptable C. Combination Drugs containing de- for certification and (2) that all out­ PART 41— VISAS; DOCUMENTATION methylchlortetracycline and nystatin: standing certificates heretofore issued OF NONIMMIGRANTS UNDER THE 1. Declostatin for Oral Suspension; for such combination drugs should be IMMIGRATION AND NATIONALITY Lederle Laboratories, Division of Ameri­ revoked. ACT, AS AMENDED can Cyanamid Co. Therefore, pursuant to the provisions 2. Declostatin Capsules; Lederle Lab­ of the Federal Food, Drug and Cosmetic Automatic Revalidation of Nonimmi­ oratories, Division of American Cyana­ Act (secs. 502, 507, 52 Stat. 1050-51, as grant Visas in Certain Cases mid Co. amended, 59 Stat. 463, as amended; 21 . The Academy evaluated these drugs as U.S.C. 352, 357) and under authority Part 41, Chapter I, Title 22 of the Code ineffective as fixed combinations for delegated to the Commissioner (21 CFR of Federal Regulations is being amended simultaneous antimicrobial therapy and 2.120), Parts 141c, 146c and 148n are to provide for automatic revalidation of

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------2 18162 RULES AND REGULATIONS

nonimmigrant visas in certain circum­ (Form 1-94) endorsed by the Immigra­ Sec. stances for nonimmigrant aliens reenter­ tion and Naturalization Service to show 885.8 Category of personnel to be consid­ ing the United States from contiguous an unexpired period of initial admission ered for regular Air Force appoint­ territory or adjacent islands. Section or extension of stay; ment and statutory authority. 41.125 is amend«! to read as follows: 885.10 Consideration for regular appoint­ (ii) Is applying for readmission into ment. §41.125 Revalidation o f visas. the United States after an absence not 885.12 Basic eligibility. exceeding 7 days solely in contiguous * * * * * 885.14 How to apply. territory; 885.16 Service credit for AFROTC graduate. (f) Automatic revalidation of visas in (iii) Intends to resume nonimmigrant 885.18 Permanent grade. certain cases. status in the United States; .885.20 Temporary grade. (1) An expired nonimmigrant visa (iv) Is applying for readmission 885.22 Sample letter to references (physi- issued pursuant to the provisions of sec­ within the authorized period of initial ■ cians and dentists). tion 101(a) (15) (P ) or (J) of the Act, or admission or extension of stay; . A u t h o r it t : The provisions of this Part an expired or unexpired nonimmigrant (v) Is in possession of a valid pass­ 885 issued under sec. 8012, 70A Stat. 488; 10 visa issued pursuant to the provisions of port; and U.S.C. 8012, except as otherwise noted. another paragraph of section 101(a) (15) (vi) Does not require the authoriza­ Source: AFR 36-5, Oct. 18, 1968 and if the nonimmigrant status has been tion of his temporary admission into the Change 1, July 10, 1969. changed by the Immigration and Natu­ United States under section 212(d) (3) . § 885.0 Purpose. ralization Service to that of a nonimmi­ of the Act. This part outlines eligibility for con­ grant as defined in paragraph (P) or (J ), (g) Fee for revalidation. The fee for may be considered to be automatically sideration for appointment as commis­ the revalidation of a nonimmigrant visa sioned officers in the regular Air Force. revalidated to the date of application shall be that prescribed for the issuance for readmission to the United States and of such a visa, if any; provided, however, § 885.2 Policy. converted, if necessary, to classification that under paragraph (F) or (J ), in the case (a) The regular Air Force appointment (1) When the visa was issued valid for program is established by public law. of a nonimmigrant alien who: a lesser number of applications for ad­ (1) Is applying for readmission into The law stipulates how many regular offi­ mission or for a period of validity less cers the Air Force may have, outlines the United States after an absence not than the maximum permitted by reci­ exceeding 2 weeks solely in contiguous eligibility criteria for appointment, and procity, it may be revalidated for the re­ specifies the procedures to be used in territory or adjacent islands other than maining number of applications for ad­ Cuba; the selection process. mission and validity permitted without (b) Regular Air Force appointments (ii) Has maintained and intends to the payment of an additional fee; and resume his status under paragraph (P ) are made annually to sustain the regu­ (2) No fee shall be charged in the case lar officer structure established by law. or (J) in the United States; of a visa considered to be automatically (iii) Presents, or is the accompanying revalidated pursuant to the provisions of § 885.4 Requirements. spouse or child of an alien who presents, paragraph (f) of this section. (a) Citizenship. A person must be a a current Form 1-20 (in the case of Effective date. The amendment to the U.S. citizen to be eligible for regular Air student) or Form DSP-66 (in the case of regulations contained in this order shall Force consideration. Anyone selected for an exchange visitor) issued by the school become effective upon publication in the regular appointment who is not a citi­ the student has been authorized to at­ F ederal R e g ist e r . zen by birth is required to furnish doc­ tend by the Immigration and Naturali­ The provisions of the Administrative umentary evidence of citizenship, if such zation Service, or by the sponsor of the Procedure Act (80 Stat. 383; 5 U.S.C. 553) evidence is not in his Master Personnel exchange program in which he has been relative to notice of proposed rule making Record. authorized to participate by the Immi­ are inapplicable to this order because the (b) Physical qualification. (1) Phys­ gration and Naturalization Service, and regulations contained herein involve for­ ical qualification is a prerequisite to ap­ endorsed by the issuing school official or eign affairs functions of the United pointment. The Surgeon General, USAF, program sponsor to indicate the period States. determines this qualification, according of initial admission or extension of stay (Sec. 104, 66 Stat. 174; 8 U.S.C. 1104) to the physical standards for unre­ authorized by' the Immigration and stricted worldwide service according to Naturalization Service; [ s e a l ] B arbara M . W a t s o n , AFM 35-4 (Physical Evaluation for Re­ (iv) Is applying for readmission with­ Administrator, Bureau of Secu­ tention, Retirement, and Separation). in the authorized period of initial ad­ rity and Consular Affairs, (2) An officer found medically disquali­ mission or extension of stay; Department of State. fied for regular apopintment continues (v ) Is in possession of a valid pass­ O ctober 22, 1969. to be eligible for appointment, provided port; and he can reasonably be expected to qualify (vi) Does not require the authoriza­ [F.R. Doc. 69-13431; Filed, Nov. 12; 1969; medically within 1 year of.-the date of 8:46 a.m.] tion of his temporary admission into the Presidential approval of his appointment. United States Under section 212(d) (3) (c) Additional requirements. (1) Each of the Act. appointee must be of a background, (2) An expired nonimmigrant visa character, and reputation that assures issued pursuant to the provisions of any Title 32— NATIONAL DEFENSE his appointment in the regular Air Force paragraph of section 101(a) (15) of the is clearly in the best interests of the Air Act may be considered to be revalidated Chapter VII— Department of the Air Force Force. Before regular appointment can to the date of application for readmis­ be finalized, favorable National Agency sion to the United States and an expired SUBCHAPTER I— MILITARY PERSONNEL Check (NAC) requirements must be ful­ or unexpired nonimmigrant visa issued PART 885— APPOINTMENT OF OFFI­ filled. (2) Male selectees with dependents pursuant to the provisions of any para­ are not restricted. However, a female graph of section 101(a) (15) of the Act CERS IN THE REGULAR AIR FORCE selectee may not be appointed if she: may, if the original nonimmigrant status Subchapter I of Chapter V II of Title (i) Is the mother, by birth or adoption, has been changed by the Immigration of a child under 18 years old, of whom and Naturalization Service to another 32 of the Code of Federal Regulations is amended as follows: she has personal or legal custody, (ii) nonimmigrant status, be considered to Part 885 is revised to read as follows: Is the stepmother of a child under 18 be revalidated to the date of application years old who is within her household for readmission to the United States and Sec. 885.0 Purpose. for a period of more than 30 days a converted to that changed status in the year; or (iii) Has, or has assumed, per­ case of a nonimmigrant alien who: 885.2 Policy. 885.4 Requirements. sonal custody of any child under 18 (i) Has maintained nonimmigrant885.6 Selection procedures for distin­ years old. (3) An officer who is in a de­ status in the United States and is in pos­ guished graduates of the AFROTC ferred promotion status, due to failure session of an Arrival-Departure Card program. of selection for a permanent grade, or

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18163 an officer who failed temporary promo­ § 885.10 Consideration for regular ap­ (3) Submit AF Form 17 to USAFMPC tion from within the primary zone of pointment. (AFPMAJCl), Randolph AFB, TX eligibility, is not eligible for considera­ (a) I f the person is a dentist not on 78148. tion for regular Air Force appointment, EAD, he must submit AF Form 17, “Ap­ (4) In addition requests (in writing) (4) Not eligible for consideration for plication for Appointment in the Regular a letter of reference from persons listed regular Air Force appointment are of­ Air Force” to be considered for in Item 7, AF Form 17a, one of whom ficers: (i) Ordered to active duty under appointment. must be the Dean of the appropriate title 10, U.S.C.: section 265, from Air (b) An AFROTC distinguished cadet medical or dental school. See § 885.22. National Guard; section 8033, from Air will not submit an application for (b) A dentist not on EAD and apply­ Force Reserve; section 8495, from Air consideration. ing more than 1 year after graduation National Guard, (ii) Ordered to active from dental school must: § 885.12 Basic eligibility. duty for training only; (iii) Whose Date (1) Prepare and submit .two copies of of Separation (DOS) is established dur­ (a) If a person to be considered is an AF Forms 17 and 17a. ing the month of, or in the 2-month AFROTC or OTS Distinguished Gradu­ (2) Same as items listed in paragraph period after, the month of a board con­ ate, then he: (a) (2) of this section, plus a copy of vening date. For example, a Regular (1) At the time of appointment must State license. Appointment Board convenes in April be at least 21 years old and of an age (3) Submit AF Form 17 to USAFMPC 1969; officers with established DOS’s that would permit the completion of 20 (AFPM AJCl), Randolph AFB, TX 78148. through June 1969 would be ineligible years active commissioned service in (4) Same as paragraph (a) (4) of this for consideration. Officers may and the U.S. Armed Forces before his 55th section. should be encouraged to establish eligi­ birthday1 (c) A senior dental student within 4 bility through a Specified Period of Time (2) Must have been designated as a months of graduation (see footnotes 2 Contract (SPTC) under AFR 36-94 to Distinguished Graduate by appropriate and 3). obtain additional service retainability, authority. or Career Reserve Status (CRS) under (i) For service credit see § 885.16. (1) Prepares and submits two copies of Part 888c of this title. To insure proper (b) I f a person to be considered is a AF Forms 17 and 17a. consideration, applications for SPTC or dentist not on EAD applying more than (2) Include with AF Form 17 a copy CRS must be initiated at least 3 months one year after graduation from dental of DD Form 214, for any prior military before the selection board convening school, then he: service; current head-and-shoulder type date. (1) At the time of appointment must photo, 3 " x 5 " or larger, with name typed or printed on back; one DD Form 398; § 885.6 Selection procedures for distin­ be at least 21 years old, and may not exceed age 35 by more than the number one FBI Fingerprint Card; one DD Form guished graduates o f the AFROTC 1584. program. of years, months, and days that he has served on active duty as a commissioned (3) Submits AF Form 17 to USAFMPC Hq Au convenes boards twice annually officer of the U.S. Armed Forces.2 (AFPM AJCl), Randolph AFB, TX 78148. in November and May, to align in “order (2) Must be a graduate (or prospective (4) Same as paragraph (a) (4) of this of merit” all prospective DGs who are graduate) of a dental school acceptable section. scheduled to graduate during the periods to the Surgeon General, USAF, and pos­ April through August and September sess a license to practice dentistry in a § 885.16 Service credit for AFROTC through March, respectively. Such align­ State or territory of the United States graduate. ments are based on the “best qualified” or in the District of Columbia. If an AFROTC graduate is selected method of selection. (i) For service credit see § 885.14. for appointment then, upon appointment § 885.8 Category of personnel to be con­ (c) I f a person to be considered is a in the Regular Air Force, he is credited sidered for regular Air Force ap­ dentist not on EAD applying less than with an amount of service equal to the pointment and statutory authority. 1 year after graduation from dental length of active Federal commissioned Statutory author­ school and senior dental students within If individual is to be con­ ity for such ap­ 4 months of graduation— service that he performed in the U.S. sidered for Regular Air pointment is con­ (1) See paragraph (b )(1 ) of this Armed Forces before Regular appoint­ Force appointment as— tained in— section. ment and after becoming 21 years old.1 Line of the Air Force._ Ch. 835,10 U.S.C. (2) And must be a graduate (or pros­ To determine permanent grade see Physician (including os­ Ch. 835,10 U.S.C. § 885.18. teopath) . pective graduate) of a dental school ac­ D en tist______Ch. 835,10 U.S.C. ceptable to the Surgeon General, USAF. Nurse ______Ch. 835,10 U.S.C. (i) For service credit see § 885.14. 1 Applicants who are not U.S. citizens by Biomedical science (ex­ Ch. 835, 10 U.S.C. birth furnish a certificate accomplished by cept dietitian, physical § 885.14 How to apply. an officer, notary public, or other person and occupational ther­ (a) A dentist not on EAD and apply­authorized by law to administer oaths, as apist) . ing less than 1 year after graduation follows: “I certify that I have this date seen Biomedical science (die­ Ch. 835,10 U.S.C. from dental school must: the original Certificate of Citizenship No. titian, physical and oc­ ______(or certified copy of court order cupational therapist). (1) Prepare and submit 2 copies of establishing citizenship) stating that (full Medical service officer___ Ch. 835,10 U.S.C. AF Forms 17 and 17a. name) was admitted to U.S. citizenship by Veterinarian ______¿. Ch. 835,10 U.S.C. (2) Inelude with AF Form 17 a copy t h e ______Court of (District or Coun­ Judge Advocate ...______Ch. 835,10 U.S.C. of DD Form 214, for any prior military ty and State) on (Date)Facsimiles or Chaplain ______j____ Ch. 835,10 U.S.C. service; copy of diploma awarding DDS copies, photographs or otherwise of natural­ OTS Distinguished Grad­ Ch. 835,10 U.S.C. ization certificates will not be made under uate. degree; evidence of post graduate work or any circumstances. (18 U.S.C. 1426(h).) AFROTC Distinguished Ch. 835, 10 U.S.C. residency; current head-and-shoulder 2 Persons who are participating in the Sen­ Graduate (graduated type photo, 3 " x 5 " or larger, with ior Dental Student Program must be made before Oct. 13,1964). name typed or printed on back; one DD available for active duty within 90 days after AFROTC Distinguished Ch. 103,10 U.S.C. Form 398; one FBI Fingerprint Card; graduation. Graduate (graduated and one DD Form 1584. 3 After graduation and receipt of notifica­ on or after Oct. 13, tion of selection, and before finalization of 1964). appointment, selecteer are required to fu r­ Cadet or midshipman of 10 U.S.C. 541 and 1 Distinguished graduates, appointed under nish a copy of a diploma awarding the DDS the U.S. Military or 9353, and Ch. the ROTC Vitalization Act of 1964, may he degree and a statement indicating actual date Naval Academy. 835,10 U.S.C. appointed in the Regular Air Force before of graduation, to USAFMPC (AFPMAJCl). Regular officer of Army, 10 U.S.C. 716 attaining age 2 1 . 1 Distinguished graduates of the AFROTC Navy, or Marine Corps 2 Age requirement may be waived upon program under the ROTC Vitalization Act of aPPlying for interserv­ recommendation by the Surgeon General, 1964, may be appointed in the regular Air ice transfer. USAF. Force before attaining age 21.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18164 RULES AND REGULATIONS

§ 885.18 Permanent grade. For the Secretary of the Air Force. mented by the removal of individual ele­ ments. Consequently, all items properly Then Regular A lex an d er J. P a le n sc a r , Jr., If promotion list service grade upon ap- Colonel, U.S. Air Force, Chief, includable in an indirect cost base should credit is— pointment is—1 Special Activities Group, Of­ bear a pro rata share of Indirect costs Less than 3 years______2d lieutenant. fice of The Judge Advocate irrespective of their acceptance as Gov­ 3 years but less than 7____ 1st lieutenant. General. ernment contract costs. For example, 7 years but less than 14___ captain. when a cost of sales base is deemed ap­ 14 years but less than 21__. major. [F.R. Doc. 69-13419; Filed, Nov. 12, 1969; propriate for the distribution of general 21 years or more *______lieutenant 8:45 a.m.] and administrative (G&A) costs, all colonel. items chargeable to cost of sales, whether 1 All regular Air Force appointed grades and allowable or unallowable, shall be in­ corresponding dates of rank are computed as cluded in the base and bear their pro rata of the date of Presidential nomination. Title 41— PUBLIC CONTRACTS share of G&A costs. * When the Surgeon General, USAF, deter­ (d) The method of allocation of in­ mines that a medical or dental applicant has AND PROPERTY MANAGEMENT had outstanding professional training or ex­ direct costs must be based on the par­ perience, and recommends that he be Chapter I— Federal Procurement ticular circumstances involved. The awarded more than 28 years promotion list Regulations method shall be in accord with those service credit upon regular appointment, the generally accepted accounting princi­ appointment is made in the grade of colonel. PART 1-15— CONTRACT COST ples which are applicable in the cir­ Dental appointments in the grade of major PRINCIPLES AND PROCEDURES cumstances. The contractor’s established and above normally require the person to be practices, if in accord with such account­ certified by an American Specialty Board and/or to have outstanding qualifications for Miscellaneous Amendments ing principles, shall generally be accept­ a special position as determined by the Sur­ This amendment makes changes in able. However, the method used by the geon General. and additions to Subpart 1-15.2. The contractor may require examination or reexamination when: § 885.20 Temporary grade. changes deal with problems that have arisen in connection with the applica­ (1) Any substantial difference occurs (a) I f an AFROTC distinguished grad­ bility of home office overhead to isolated between the cost patterns of work under uate is: locations, contracts with conglomerates, the contract and other work of the (1) Serving on EAD in a Reserve of greater use of in-house- patent counsel contractor; the Air Force grade that is equal to or and higher patent costs, increased ex­ (2) Any significant change occurs in higher than the Regular grade to which penditures for rental of automatic data the nature of the business, the extent of appointed, then he vacates any Reserve processing equipment (A D PE ), and dif­ subcontracting, fixed asset improvement appointment, upon acceptance of Regu­ fering contractor treatment of deprecia­ programs, the inventories, the volume of sales and production, manufacturing lar appointment, and is tendered a tem­ tion for contract cost and tax purposes. porary appointment in grade equal to In addition, several cost principles have processes, the contractor’s products, or the Reserve grade in which he was serv­ been clarified. other relevant circumstances; or ing with no change in active duty date The table of contents for Part 1-15 is (3) Indirect cost groupings developed of rank. amended to provide the following new or for a contractor’s primary location are (2) Serving on EAD in a temporary revised entries: applied to offisite locations. Separate grade that is equal to or higher than the cost groupings for costs allocable to off­ Sec. site locations may be necessary to permit Regular grade to which appointed, then 1-15.205-31 Professional and consultant upon acceptance of Regular appoint­ equitable distribution of costs on the service costs— legal, account­ basis of the benefits accruing to the sev­ ment, continues to serve in his tempo­ ing, engineering, and other. rary grade and date of rank, which are 1-15.205-50 Automatic data processing eral cost objectives. not affected by Regular appointment. equipment (ADPE) leasing ♦ * * - * * (3) Serving on EAD in a lower grade costs. § 1—15.205—1 Advertising costs. than the Regular grade to which he Subpart 1-15.2— Principles and Pro­ * * * * * would be appointed, then he is not eligi­ cedures for Use in Cost-Reimburse­ (c) Advertising costs other than those ble for Regular Air Force appointment. ment Type Supply and Research specified above are not allowable. (b) I f a dentist is not serving on EAD and is being appointed in the Regular Air Contracts With Commercial Orga­ § 1*-15.205—9 Depreciation. nizations Force grade of first lieutenant or captain, (a) Depreciation is a charge to cur­ then, upon acceptance of Regular ap­ Section 1-15.203 is amended; §§ 1-15.- rent operations which distributes the cost pointment, is appointed to the temporary 205-9, 1-15.205-23,1-15.205-25, 1-15.205- of a tangible capital asset, less estimated grade of captain with rank from date of 26, 1-15.205-31, and l-15.205-47(a) are residual value, over the estimated useful graduation from dental school. revised; and new §§ 1-15.205-1 (c) and life of the asset in a systematic and logi­ § 885.22 Sample letter to references 1-15.205-50 are added, as follows: cal manner. It does not involve a process (physicians and dentists). * * * * * of valuation. Useful life has reference to De a r ______: (c) Each grouping shall be distributedthe prospective period of economic use­ I am applying for a commission in the to the appropriate cost objectives. This fulness in the particular contractor’s Regular Air Force. My application must be necessitates the selection of a distribu­ operations as distinguished from physical indorsed by members of our profession who tion base common to all cost objectives life and shall be evidenced by the actual can render a personal evaluation of my to which the grouping is to he allocated. or estimated retirement and replacement suitability for such an appointment, profes­ practice of the contractor. sional capabilities and potential, relative class The base should be selected so as to per­ standing,1 personal attributes, and any other mit allocation of the grouping on the (b) Normal depreciation on a con­ appropriate comments. I have listed your basis of the benefits accruing to the sev­ tractor’s plant, equipment, and other name for such reference. Please furnish this eral cost objectives. This principle for capital facilities is an allowable element information to USAFMPC (AFMSMB), Ran­ selection is not to be applied so rigidly as of contract cost provided the contractor dolph AFB, TX 78148, at your earliest con­ to complicate unduly the allocation is able to demonstrate that such costs are venience. That office wiU hold your evalua­ where substantially the same results are reasonable and properly allocable to the tion and comments in confidence and not disclose them to me. achieved through less precise methods. contract. Subject to paragraphs (c) Once an appropriate base for the dis­ through (h) of this § 1-15.205-9: tribution of indirect costs has been (1) Depreciation will ordinarily be 1 Include only in letter to the Dean. accepted, such base shall not be frag­ considered reasonable if the contractor

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18165 follows depreciation policies and pro­ (g) No depreciation or rental shall be (2), (3), (4), and (7) of this § 1-15.205-25 cedures which: allowed on property fully depreciated by are allowable, provided: (1) Are consistent with the policies and the contractor or by any division, subsid­ (1) The move is for the benefit of the procedures he follows in the same cost iary, or affiliate of the contractor under employer; center in connection with his business a common control; however, a reasonable (2) Reimbursement is an accordance other than Government business; charge for the use of fully depreciated with an established policy or practice (ii) Are reflected in his books of ac­ property may be agreed upon and allowed consistently followed by the employer, count and financial statements; and (see § 1-15.107). In determining this and such policy or practice is designed to (iii) Are used by him for Federal in­ charge, consideration should be given to motivate employees to relocate promptly come tax purposes, and are acceptable cost, total estimated useful life at time and economically; for such purposes. of negotiation, effect of any increased (3) The costs are not otherwise unal­ (2) Where the depreciation reflected maintenance charges or decreased effi­ lowable under the provisions of § 1- on a contractor’s books of account and ciency due to age, and the amount of de­ 15.205-33 or any other provision of this financial statements differs from that preciation, if any, previously charged to Subpart 1-15.2 (see § 1-15.107 as related used and acceptable for Federal income Government contracts or subcontracts. to large scale contractor relocation); tax purposes, reimbursement shall be (h) For depreciation on idle facilities and based upon the cost of the asset to the and idle capacity, see § 1-15.205-12. (4) Amounts to be reimbursed shall not exceed the employee’s actual (or rea­ contractor, amortized over the esti­ § 1—15.205—23 Organization costs. mated useful life of the property, using sonably estimated) expenses. depreciation methods (straight line, sum Expenditures in connection with (a) (c) Costs otherwise allowable under of the years’ digits, etc.) acceptable for planning or executing the organization paragraph (b) of this § 1-15.205-25 are income tax purposes. Allowable depreci­ or reorganization in the corporate struc­ subject to the following additional ation shall not exceed the amounts used ture of a business, including mergers and provisions: for book and statement purposes and acquisitions, or (b) raising capital, are (1) The transition period for incur­ shall be determined in a manner con­ unallowable. Such expenditures include, rence of costs of the type covered in sistent with the depreciation policies and but are not limited to, incorporation fees paragraph (a) (2) of this § 1-15.205-25 procedures followed in the same cost and costs of attorneys, accountants, shall be kept to the minimum number center in connection with the contrac­ brokers, promoters and organizers, man­ of days necessary under the circum­ tor’s business other than Government agement consultants, and investment stances, but shall not, in any event, ex­ business. counselors, whether or not employees of ceed a cumulative total of 30 days in­ (3) Depreciation for reimbursement the contractor (see § 1-15.205-47). cluding advance trip time; (2) Allowance for the combined total purposes in the case of tax-exempt or­ § 1—15.205—25 Relocation costs. ganizations shall be determined on the of costs of the type covered in para­ basis outlined in paragraph (b) (2) of (a) Relocation costs, for the purpose graph (a) (3) and (7) of this § 1-15.205- this § 1-15.205-9. of this Subpart 1-15.2, are costs inci­ 25 shall not exceed 8 percent of the sales dent to the permanent change of duty (c) Special considerations are re­ price of the property sold; assignment (for an indefinite period or (3) Cost of canceling an unexpired quired for assets acquired prior to the for a stated period of no less than 12 lease under paragraph (a) (4) of this effective date of this principle where, on months) of an existing employee or upon the effective date of this principle, the § 1-15.205-25 shall not exceed three recruitment of a new employee (see §§ times the monthly rental; and undepreciated balance of such assets, re­ 1-15.107 and 1-15.205-33). These costs sulting from depreciation policies and (4) Costs of the type covered in para­ may include, but are not limited to: graph (a) (3), (4), and (7) of this procedures used previously for Govern­ (1) Cost of travel of the employee and § 1-15.205-25 are allowable only in con­ ment contracts and subcontracts, is dif­ members of his immediate family (see nection with the relocation of existing ferent from the undepreciated balance of § 1-15.205-46) and transportation of his employees, and are not allowable for such assets on the books and financial household and personal effects to the newly recruited employees. statements. Generally, the undepreciated new location; (d) Costs of the type covered in para­ balance for contract cost purposes shall (2) Cost of finding a new home, such graph (a) (5), (6), and (8) of this be depreciated over the remaining life as advance trips by employees and § 1-15.205-25 are not allowable. using the methods and lives followed for spouses to locate living quarters, and (e) Payments for employee income book purposes. The aggregate deprecia­ temporary lodging during the transition taxes incident to reimbursed relocation tion on any asset allowable after the period; costs are not allowable. effective date of this § 1-15.205-9 shall t(3) Closing costs (i.e., brokerage fees, ( f ) Where relocation costs incurred not exceed the cost basis of the asset legal fees, appraisal fees, etc.) incident incident to recruitment of a new em­ less any depreciation allowed or allowable to the disposition of actual residence ployee have been allowed either as an under prior procurement regulations. owned by the employee when notified of allocable direct or indirect cost and the (d) Depreciation should usually be transfer; newly hired employee resigns for rea­ allocated to the contract and other work (4) Other necessary and reasonable sons within his control within 12 months as an indirect cost. The amount of de­ expenses normally incident to relocation, after hire, the contractor shall be re­ preciation allowed in any accounting such as cost of canceling an unexpired quired to refund or credit such reloca­ period may, consistent with the basic lease, disconnecting and reinstalling tion costs to the Government. objectives set forth in paragraph (a) of household appliances, and purchase of this § 1-15.205-9, vary with volume insurance against damage to or loss of § 1—15.205—26 Patent costs. of production or use of multishift personal property; (a) Costs of (1) preparing disclosures, operations. (5) Loss on sale of home; reports, and other documents required by (e) No depreciation, rental, or use (6) Acquisition of a home in a new lo­ the contract and of searching the art charge shall be allowed on property cation and all costs incident thereto; to the extent necessary to make such in­ acquired at no cost from the Govern­ (7) Continuing costs of ownership of vention disclosures, (2) preparing docu­ ment by the contractor or by any di­ the vacant former actual residence being ments and any other patent costs, in vision, subsidiary, or affiliate of the sold, such as maintenance of building connection with the filing and prosecu­ contractor under a common control. and grounds (exclusive of fixing-up ex­ tion of a United States patent application (f) The depreciation on any item penses), utilities, taxes, property insur­ where title or royalty free license is re­ which meets the criteria for allowance ance, etc., after settlement date or lease quired by Government contract to be date of new permanent residence; and at a “price” in accordance with § 1- conveyed to the Government, and (3) (8) Continuing mortgage principal 1*5.205-22 (e) may be based on such price, general counseling services relating to provided the same depreciation policies and interest payments on residence and procedures are used for costing pur­ being sold. patent matters, such as advice on patent poses for all business of the using divi­ (b) Subject to paragraphs (c) and (f) laws, regulations, clauses, and em­ sion, subsidiary, or organization under of this § 1-15.205-25, relocation costs of ployee agreements, are allowable (see common control. the type covered in paragraph (a) (1), § 1-15.205-31).

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18166 RULES AND REGULATIONS

(b) Costs of preparing documents andunless otherwise provided for in the con­ (b) (1) and (2) of this § 1-15.205-50, (i) any other patent costs, in connection tract (see § 1-15.205-23). where the sale and leaseback immedi­ with the filing and prosecution of any § 1—15.205—47 Economic planning costs. ately followed purchase of the ADPE, foreign patent application, or of a United or (ii) where the sale and leaseback is States patent application where exclusive (a) This category includes costs of otherwise in the best interest of the title is retained by the contractor without generalized long-range management Government. the grant of a royalty free license to planning which is concerned with the fu­ (4) Rental costs of ADPE which is the Government, are unallowable (see ture overall development of the contrac­ leased from any division, subsidiary, or § 1-15.205-36). tor’s business and which may take into organization under a common control account the eventual possibility of eco­ shall be limited to the cost of ownership § 1—15.205—31 Professional and consult­ nomic dislocations or fundamental al­ ant service costs— legal, accounting, (excluding interest or other unallow­ engineering, and other. terations in those markets in which the able costs pursuant to Subpart 1-15.2), contractor currently does business. Eco­ except as provided in (b)(5) of this (a) Costs of professional ahd consult­ nomic planning costs do not include or­ § 1-15.205-50. ant services rendered by persons who ganization or reorganization costs cov­ (5) Rental costs of ADPE which is are members of a particular profession or ered by § 1-15.205-23. leased from any division, subsidiary, or possess a special skill and who are not ***** organization under a common control officers or employees of the contractor are which has an established practice of allowable, subject to paragraphs (b), § 1—15.205—50 Automatic data process­ (c ), and (d) of this § 1-15.205-31, when ing equipment (AD PE) leasing costs. leasing the same or similar equipment reasonable in relation to the services (a) This § 1-15.205-50 is applicable to to unaffiliated lessees shall be allowed in accordance with tb) (1) and (2) of rendered and when not contingent upon all leased ADPE except as components recovery of the costs from the Govern­ of an end item to be delivered to the this § 1-15.205-50, except the purchase ment (see §§ 1-15.205-23 and 1-15.205- Government. (Allowability of costs re­ price for the purpose of (b) (1) of this 26). lated to contractor-owned ADPE are gov­ § 1-15.205-50, and costs of ownership (b) In determining the allowability of erned by other provisions of this Subpart for the purpose of (c) (2) of this § 1-15.- costs in a particular case, no single 1-15.2.) 205-50, shall be determined in accord­ factor or any special combination of (b) (1) I f the contractor leased ADPE ance with § 1-15.205-22 (e). factors is necessarily determinative. How­ but cannot demonstrate (on the basis (c) (1) An estimate of the anticipated ever, the following factors among others of the facts existent at the time of the useful life of the property may repre­ may be relevant: decision to lease or to continue leasing sent the application life (utility in a (1) The nature and scope of the serv­ and documented in accordance with given function), technological life (util­ ice rendered in relation to the service paragraph (d) of this § 1-15.205-50) ity before becoming obsolete in whole required; that leasing will result in less cost to or in part), or physical life (utility (2) The necessity of contracting for the Government over the anticipated before physically wearing out), de­ the service, considering the contractor’s useful life (as those terms are explained pending upon the facts and circum­ capability in the particular area; in paragraph (c) of this § 1-15.205-50), stances and the particular facilities in­ (3) The past pattern of such costs, then rental costs are allowable only up volved. Therefore, each case must be particularly in the years prior to the to the amount that the contractor would evaluated individually. In estimating award of Government contracts; be allowed had he purchased the ADPE. anticipated useful life, the contractor (4) The impact of Government con­ (2) Furthermore, the costs of leasing may use the application life if he can tracts on the contractor’s business (i.e., ADPE are allowable only to the extent clearly demonstrate that the facility has what new problems have arisen) ; that the contractor can annually demon­ utility only in a given function and the (5) Whether the proportion of Gov­ strate in accordance with paragraph (d) duration of the function can be deter­ ernment work to the contractor’s total of this § 1-15.205-50 that: mined. Technological life may be used business is such as to influence the con­ '(i) They are reasonable and neces- by the contractor if he can demonstrate tractor in favor of incurring the cost, sary for the conduct of his business in that existing facilities must be replaced particularly where the services rendered light of such factors as the contractor’s because of: are not of a continuing nature and have requirements for ADPE, costs of com­ (1) Specific program objectives or con­ little relationship to work under Govern­ parable facilities, the various types of tract requirements which cannot be ment contracts; leases available, and the provisions of accomplished with the existing facilities; (6) Whether the service can be per­ the rental agreement; (11) Cost reductions which will pro­ formed more economically by employ­ (ii) They do not give rise to a ma­ duce identifiable savings in production ment rather than contracting; terial equity in the facilities (such as an or overhead costs; (7) The qualifications of the in­ option to renew or purchase at a bar­ (iii) Increase in workload volume dividual or concern rendering the service gain rental or price) other than that cannot be accomplished efficiently by and the customary fees charged, espe­ normally given to industry at large, but modifying or augmenting existing facili­ cially on non-Government contracts; represent charges only for the current ties; or and use of the equipment, including but not (iv) Consistent patterns of capacity (8) Adequacy of the contractual agree­ limited to any incidental service costs operation (2%-3 shifts) on existing ment for the service (e.g., description of such as maintenance, insurance, and ap­ facilities. the service, estimate of time required, plicable taxes; and However, technological advances (af­ rate of compensation, and termination (iii) I f the total cost of leasing the fecting technological life), per se, will provisions). ADPE is to be reimbursed under one or not justify replacement of existing fa­ (c) In addition to the factors in para­ more cost-reimbursement type con­ cilities before the end of their physical graph (b) of this § 1-15.205-31, retainer tracts, or if the total cost of leasing life if such existing facilities will be able fees to be allowable must be supported by ADPE in a single plant, division, or cost to satisfy future requirements or evidence of bona fide services available center exceeds $51)0,000 per year and 50 demands. or rendered. percent or more of the total leasing cost (2) In estimating the least cost to the ( d) Cost of legal, accounting, and con­ is to be allocated to cost-reimbursement Government for such useful life, the cu­ sulting services, and related costs, in­ type contracts, the approval of the con­ mulative costs that would be allowed if curred in connection with organization tracting officer was obtained for the leas­ the contractor owned the property and reorganization, defense of antitrust ing arrangement (see § 1-15.107). should be compared with cumulative suits, and the prosecution of claims (3) Rental costs under a sale and costs that would be allowed under any against the Government, are unallow­ leaseback arrangement shall be allow­ of the various types of leasing arrange­ able. Costs of legal, accounting and con­ able only up to the amount the contrac­ ments available. For the purposes of this sulting services, and related costs, in­ tor would be allowed had he retained comparison, the costs of ADPE exclude curred in connection with patent in­ title to the ADPE, except that rental interest or other unallowable costs pur­ fringement litigation, are unallowable costs may be allowed in accordance with suant to Subpart 1-15.2; they include,

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18167

but are not limited to, the costs of oper­ as they affect the following described T. 21 N., R. 114 W., national forest lands: Sec. 1, Ni/2Ny2; ation, maintenance, insurance, deprecia­ Sec. 2* tion, and rental, and the cost of machine Sa n t a F e N a t io n a l F orest Sec.’ 10, lot 1, Ni/2, Ni/2 S W ^ , SEy4 S W ^ , services, as applicable. NEW MEXICO PRINCIPAL MERIDIAN and SE14; (d) The contractor’s justification, un­ Secs. 12 and 14; der paragraph (b) of this § 1-15.205-50, T. 18 N., R. 12 E., Sec. 22, lots 1, 2, and 3, SE % SE %, N% , and of his leasing decisions shall consist of, Sec. 10, that part of the N E 1^ lying be­ Ny2sy2; but is not limited to, the following tween Pecos Canyon Estate and State Sec. 24, lots 1, 2, 3, and 4, Ny2, and Ny2S»/2. supporting data, prepared prior to Highway No. 63, which includes part of T. 22 N„ R. 114 W., lots 1 and 2 and part of SW ^NE^. Sec. 1; acquisition: T. 19 N„ R. 12 E., Secs. 12 to 15, inclusive; (1) Analysis of utilization of existing Sec. 34, S%SE%NW%NEi4, E&SW&NE&, Secs. 17 to 25, inclusive. ADPE; e y2 n w y± se l/4, s w ^ sev4. T. 23 N., R. 114 W., (2) Application of the criteria in Sec. 25, Sy2NE»4, NWy4NW>/4, and Sy2; paragraph (b) of this § 1-15.205-50; The areas described aggregate ap­ Sec. 26, NE]4NE% , w y 2NEy4, NW&, and (3) Specific objectives or require­ proximately 90.90 acres in San Miguel s y2; ments, generally in the form of a County, of which 16.25 acres are privately Sec. 35. data system study and data system owned. T. 21 N„ R. 115 W., 2. At 10 a.m. on December 12,1969, the Sec. 6 ; specification; Sec. 7, Ny2. (4) Solicitation of proposals from lands shall be open to such forms of dis­ position as may be made of national T. 22 N.,R. 115 W., qualified sources based on the data sys­ Sec. 4, Wy2; tem specification; and forest lands. Sec. 5, Ei/aNE^ an dSE % ; (5) Proposals received in response to H a r r iso n L o e s c h , Sec. 8 , Ey2, NE 14SW 14, and sy2 S W ]4 ; the solicitation, and reasons for selec­ Assistant Secretary of the Interior. Sec. 9, W y2; tion of the- equipment chosen and for Secs. 13 and 14; N o vem ber 6,1969. Sec. 15, Ny2, SW ]4, and N ^ S E ^ ; the decision to lease. • [F.R. .Doc. 69-13449; Filed, Nov. 12, 1969; Sec. 17; The contractor’s annual justification, 8:47 am .] Sec. 19, Ey2 NEi/4, N W ^N E ^, and Sy2 SEy4; under paragraph (b) of this §1-15.205- Sec. 20, Ni/£, N E ^ S W y i, and S E ^ ; Sec. 21; 50, of his decision to retain or change [Public Land Order 4738] Sec. 22, N ^ N W ^ ; his existing ADPE capability and the [Wyoming 0308864] Sec. 24; need to continue leasing that capability, Sec. 25, N 1/2 NW 14, sy2Ny2, and sy2; shall consist of, but is not limited to, WYOMING Sec. 26, S E ^ ; current data as specified in (1) through Secs. 28 and 29; (3) of this § 1-15.205-50(d). Partial Revocation of Stock Sec. 30, N E 14, Ny2 SEy4, and S E ^SE ^; Driveway Withdrawal Sec. 31, lots 1, 2, 3, and 4, N E ^ N E ^ , (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) Sy2 NEi4, SE14, SE^NW^, and Effective date. This amendment is ef­ By virtue of the authority contained E%SW%; in section 10 of the Act of December 29, fective January 5, 1970, but may be ob­ Sec. 33,NE%; 1916 (39 Stat. 865; 43 U.S.C. 300), as Sec. 34, Ni/2; served earlier. amended, it is ordered as follows: Sec. 35, Ni/2. Dated: November 5, 1969. 1. Hie departmental order of Septem­ T. 23 N., R. 115 W „ ber 13, 1918, creating Stock Driveway Sec. 5, N W ^ N W y i, sy2NWV4, and SWi/4; R obert L. K tjnzig, Sec. 6, Ni/2NEi4, S E ^ N E ^ , and E y2 SE 14; Administrator of General Services. Withdrawal No. 36 (Wyoming No. 17), adjusted on December 8, 1928, is hereby Sec. 7, Ei/2; Sec. 8 , wy2; [F.R. Doc. 69-13424; Filed, Nov. 12, 1969; revoked so far as it affects the following 8:46 am .] Sec. 18, lots 1, 2, 9, 10, 11, 12, 19, 20, and described lands: sy2; Six t h P r in c ip a l M eridian Sec. 19, lots 1, 2, 9, 10, 11, 12, 19, 20, and T. 23 N„ R. 112 W., Ey2; Secs. 11 to 15, inclusive; Sec. 30, lots 1, 2, 9, 10, 11, 12, 19, 20, and Title 43— PUBLIC LANDS: Sec. 17, sy2; Ey2; Secs. 18 to 23, inclusive. Sec. 31, lots 1, 2, 9,10, and N E 14; INTERIOR T. 21 N.,R. 113 W., Sec. 32, W % . Sec. 6. T. 24 N., R. 115 W., Chapter II— Bureau of Land Man­ T. 22 N„ R. 113 W., Sec. 5, lots 11 and 12, SW % ; agement, Department of the Interior Secs. 5, 6, 7,18,19, 29, and 30; Sec. 6 , lots 1, 2,13,14,15, 16, and SE}4; Sec. 31, lots 1 to 4, inclusive, N E 14, Sec. 7, Ey2; APPENDIX— PUBLIC LAND ORDERS E y2 NW 14, N E 14SW 14, and Ny2SE^; Sec. 8 , wy2; [Public Land Order 4737] Sec. 32. Sec. 18, Ei/2; T. 23 N., R. 113 W „ Sec. 19, Ey2; ' [New Mexico 0558331] Secs. 3 and 4; Sec. 20, W y2; Sec. 29, Wy2; NEW MEXICO Sec. 8, Ei/2; Sec. 9; Sec. 30, E y2; Partial Revocation of Waterpower Sec. 10, w y 2; Sec. 31, Ei/2. Sec. 13, N E 14 and sy2; T. 21 N., R. 116 W., Designation No. 1 Sec. 14, SE%; Sec. 6 , Wy2 and W>/2E ^ . By virtue of the authority contained in Sec. 16, lots 1 to 4, inclusive, N y2 and T. 22 N.,R. 116 W., the Act of March 3, 1879 (20 Stat. 394; Ni/2Si/2; Secs. 5 and 8 ; 43 U.S.C. 31), and 1950 Reorganization Sec. 17; Sec. 15, lot 2; Plan No. 3 (64 Stat. 1262; 5 U.S.C. 133z- Sec. 20, lots 1 to 9, inclusive, lots 11 and 12, Sec. 16, lots 1 to 6 , inclusive, W y .N W % and N W % NE% , N E 14NW 14, and SE^SE^; Nwy4sw y4; 15, Note), and in section 24 of the Act Sec. 21, lots 3, 4, 9,10,11, and 12, S E ^ N E ^ , of June 10,1920 (41 Stat. 1075; 16 U.S.C. Sec. 17, lots 1 and 5, NE^4, Ny2NWy4, S E ^ and S*4: NW y4, and NE% SE% ; 818), as amended, and pursuant to the Sec. 22, s y2; Sec. 21, lot 1; determination of the Federal Power Sec. 23, lot 1, N E 14, NE^NWi/4, S^NW ft, Sec. 22, lots 4 and 5, N E & , N ^ N W ^ , S E ^ Commission, docketed as DA-76-New and sy2; N W i4 ,a n d N % S E % ; Mexico, Powersite Cancellation No. 279, Secs. 24 to 28, inclusive; Sec. 23, lots 2, 3, 4, 5, 9 to 20, inclusive, it is ordered as follows: Sec. 29, lots 2,3, and 4, and E% ; SWy4NWy4 and wy2swy4; Secs. 32, 33, 34 and 35. Sec. 24, lots 3, 4, 7, 8 , 9, 10, 12, and S E ^ 1. The Departmental Orders creating T. 24 N., R. 113 W., SW y4; Waterpower Designation No. 1, New Secs. 10,11,14,15, 22, 23, 26, and 27; Mexico No. 1, approved August 7, 1916, Sec. 33, E y2; Sec. 29, W ‘/2; and Interpretation No. 368 of Septem­ Sec. 34; Secs. 30 to 33, inclusive; ber 16, 1949, are hereby revoked so far Sec. 35, W y2. Sec. 34, lots 1 and 2, Wy2 and W ‘/2 S E ^ .

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18168 RULES AND REGULATIONS

T. 23 N., B. 116 W., Sec. 14. lots 4, 5,6, 7,11,12, 13.14, 15, 16, 17, 43 CFR 3400.3, except where such loca­ Sec. 4; 18,19, 20, 21, and 22, and W 14W 14; tion has been precluded by other existing Sec. 9, lots Í, 2, and 3, N % , and Sec. 23, E%. withdrawals. S W & S W yA; T. 26 N„ R. 119 W., Sec. 16, lots 1 to 4, inclusive, and Sec. 2. W & ; Inquiries concerning the lands should Sec. 17, Ey2; Sec. 3,Ey2; be addressed to the Manager, Land Of­ Sec. 20; Sec. 10, E%; fice, Bureau of Land Management, Sec. 21, NW Í4; Sec. 11, W H ; Cheyenne, Wyo. Secs. 29 and 32. Sec. 14, W%; H arrison L oesch, T. 24 N., R. 116 W., Sec. 15, E>4; Assistant Secretary of the Interior. . Sec. 3, W % ; Sec. 22, E% ; Sec. 4, N 14 and SEÍ4; Sec. 23, W ^ ; N ovember 6,1069. Sec. Sec. 5, Ni/2 ; 26, Wy2; [F.R. Doc. 69—13450; Filed, Nov. 12, 1969; Sec. 27, Ey2; Sec. 9 ,N E ^ ; 8:47 a.m.] Secs. 10 and 15; Sec. 34, Ey2; Sec. 21, NE^4 and S % ; Sec. 35, W % . Sec. 22, and SW-Í4; T. 27 N„ R. 119 W „ [Public Land Order 4739] Secs. 28 and 33. Sec. 2, NWy4SW % , and Sy2SWy4; T. 25 N.,R. 116 W., Sec. 3, Ny2, Ny2S ^ , and Sy2SEy4; I Sacramento 506, 1282] Sec. 20; Sec. 10, Ey2; Sec. 27, S W ^ ; Sec. 11, NWy4, Ny2SWi4, and S W 14SW&; CALIFORNIA Sec. 28, Ni/2, N i/2 SW1/4, SE^SW ^, and Sec. 14, W ^ ; Powersite Cancellation No. 278; Par­ SE 14; Sec. 15, Ey2; Sec. 29, NE^, NEV4NW%, and N ^S E ^; Sec. 22, E 14 ; tial Cancellation of Powersite Clas­ Sec. 33, Ny2NE% and N E '^ N W ^ ; Sec. 23, W % ; sification Nos. 183 and 425 Sec. 34. Sec. 26, W 14; T. 23 N., R. 117 W., Sec. 27, E ^ ; By virtue of the authority contained Sec. 29, Ey2. Sec. 34, E y2; in the Act of March 3,1879 (20 Stat. 394; T. 21 N., R. 118 W., Sec. 35, W % . 43 U.S.C. 31), and 1950 Reorganization Secs. 1,2, and 3; T. 28 N„ R. 119 W., Plan No. 3 (64 Stat. 1262; 5 U.S.C. 133z- Sec. 4, lots 5, 6 , and 7, SyfcNE^. SE%NW}4, Sec. 1, wy2; 15, N ote), and in section 24 of the Act of andNi/aSE^; Sec. 11, E%; June 10, 1920 <41 Stat. 1075; 16 U.S.C. Sec. 5, Ni/2 and Ni/2 Si/2; Sec. 12, wy2; 818), as amended, and pursuant to the Sec. 6 , Ni/2 and Ny2 Sy2. Sec. 13, N w y4; T. 23 N.,R. 118 W., Sec. 14, Ny2, SWy4, a n d N ^ S E ^ ; determination of the Federal Power Sec. 5, W y 2; Sec. 15, SE%; Commission in DA-1074 and DA-1085- Secs. 6 and 7; Sec. 22; Califomia, it is ordered as follows: Sec. 18, W % ; Sec. 23,NW % ; 1. The Departmental Orders of July 9, Sec. 19, W % ; Sec. 27, Ey2NEy4, W % N W % , and sy2; 1927, and June 24, 1952, creating Power- Sec. 30, N W % . Sec. 34. site Classification Nos. 183 and 425, áre T. 24 N., R. 118 W., g0Q ^ * The areas described, including both hereby cancelled so far as they affect the Sec! 8 ! Ny2, Ey2 SW%, and SE*4; public and nonpublic lands, aggregate following described lands: Secs. 9 to 13, inclusive; 122,054.20 acres, of which 121,855.26 M o u n t Diablo Merid ian Secs. 17, 20,24, and 29; acres are public lands. (SACRAMENTO 506) Sec. 31,Ey2; The following described lands are Sec. 32. nonpublic: T. 17 N., R. 13 E„ T. 25 N„ R. 118 W., Sec. 30, NW%NE14, N% NEi4NW i4, Ny2Sy2 Secs. 2,11, and 14; T. 21 N„ R. 118 W „ n e 1 4 n w [ 4 , SE^swy4 NEy4 Nwy4 , sy2 Sec. 22, EV£; Sec. 4, lot 7, SE14NW 14. SE[4N E 14Nwy4, and E ^ N E ^ lot 1 (now Sec. 23, Ni/2 and S W ^ ; T. 27 N.,R. 119 W „ lot 5). Sec. 26, Wy2; Sec. 15,Ey2SE>4. (SACRAMENTO 1282) Sec. 27, E V2; T. 28 N., R. 119 W „ Sec. 34, Ey2; Sec. 13, SE14NW 14. T. 17 N„ R. 13 E„ Sec. 35, Wy2. Sec. 32, NE14NWÍ4. Containing 198.94 acres in Lincoln County. T. 21 N., R. 119 W., The areas described aggregate ap­ Sec. 1, Ni/2 an dN y2 sy2; The public lands are situated in the proximately 122.50 acres in the Tahoe Sec. 2 , Ny2 and Ny2 sy2. Kemmerer area of Lincoln County. Vege­ T. 22 N., R. 119 W., National Forest, in Nevada and Placer Sec. 1, WV&; tation is typical of Wyoming grazing Counties. Sec. 2, E yg; lands and consists of aspen, lodgepole 2. At 10 a.m. on December 12,1969, the Sec. ll,E y 2; pine, big sagebrush, grasses, and shad- lands shall be open to such forms of dis­ Sec. 12,wy2; scale in various associations. Topography position as may by law be made of na­ Sec. 13, Wy2; of the area ranges from rough and tional forest lands. Sec. 14,Ey2; broken to foothills and mountains. Sec. 23; About 4,000 acres will remain withdrawn H arrison L oesch, Sec. 24,wy2; Assistant Secretary of the Interior. Sec. 25, lots 3 and 4, NV2 SW 14, and NW^4; from all forms of appropriation by Exec­ Sec. 26, lot 1, Ny2, S W & , Ny2 S E ^ , and utive Order No. 5327 as supplemented by N ovember 6,1969. Public Land Order No. 4522 and for SW%SE%; [F.R. Doc. 69-13451; Filed, Nov. 12, 1969; Sec. 27, Ei/2; reclamation project purposes. 8:47 a.m.] Sec. 34, N E 14 ; 2. At 10 a.m. on February 6, 1970, the Sec. 35, lots 1, 2, 3, and 4, W ^ E ^ , and W % . lands shall be open to operation of the T. 23 N„ R. 119 W., public land laws generally, subject to [Public Land Order 4740] Sec. 12, Sec. 13,Ey2; valid existing rights, the provisions of [N —3660] Sec. 24, lots 10 and 11, E ^ E ^ and NW*4 existing withdrawals, and the require­ NE^4; ments of applicable law. All valid appli­ NEVADA Sec. 25, lots 1, 2, 3, 4, N% an dN % S % ; cations received at or prior to 10 -a.m. on Withdrawal, for Reclamation P ro ject Sec. 26, lot 5, Ny2 SEi4, and SW%SEV4; February 6, 1970, shall be considered as Sec. 35, lots 14, 15, 16, and 17, and w y 2E ^ . simultaneously filed at that time. Those By virtue of the authority contained in T. 25 N„ R. 119 W., received thereafter shall he considered in section 3 of the Act of June 17, 1902 Sec. 2, lots 8 , 9, 10, 11, 12, 13, 20, 21, 22, 23, the order of filing. (32 Stat. 388; 43 U.S.C. 416), as amended 24, and W ^ S W ^ ; The lands have been open to applica­ and supplemented, it is ordered as Sec. 3, lots 5, 6,11,12,13,14, and SEyfc; follows: Sec. 10, lots 9 and 12, N E 14 and Ny2 S E ^ ; tions and offers under the mineral leas­ Sec. 11, lots 4, 5, 6 , 7, 14, 15, 16, 17, and 18, ing laws, and to location under the U.S. 1. Subject to valid existing rights, the and w y 2 w y 2; mining laws subject to the regulations in following described public lands, which

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS 18169

are under the jurisdiction of the Sec­ are under the jurisdiction of the Secre­ [Public Land Order 4744] retary of tiie Interior, are hereby with­ tary of the Interior, are hereby with­ [Utah 7566] drawn from all forms of appropriation drawn from all forms of appropriation under the public land laws, including the under the public land laws, including the UTAH Tpintngr laws (30 U.S.C., ch. 2), but not mining laws (30 U.S.C., ch. 2), but not Withdrawal for National Forest from leasing under the mineral leasing from leasing under the mineral leasing Campground and Recreation Areas laws and reserved for Lahontan Reservoir laws, and reserved for the Grulla Na­ of the Newlands Project: tional Wildlife Refuge: By virtue of the authority vested in the President and pursuant to Executive M o u n t Diablo M eridian N ew M exico P r in c ip a l M eridian Order No. 10355 of May 26, 1952 (17 P.R. T. 17 N., R. 25 E„ T. 3 S., R. 36 E„ 4831), it is ordered as follows: Sec. 25, E ^ ; Sec. 1, N E 14SE14 and S^S E 1/»; Sec. 36, EV£. Sec. 12, N 1/2 NE 14. 1. Subject to valid existing rights, the T. 18 N., R. 25 E., T. 2 S., R. 37 E., following described national forest lands Sec. 24, N ^ . Sec. 27, lots 4, 5, and 6 ;' are hereby withdrawn from appropria­ T. 18 N., R. 26 E., , Sec. 28, S y2; tion under the mining laws (30 U.S.C., Sec. 16,S%; Sec. 29, lots 1, 4, and 6 ; ch. 2), but not from leasing under the Sec. 20, E % . Sec. 31, lots 4,5, 6 , and SE]4SE%A. mineral leasing laws, in aid of programs Sec. 32, lots 2, 3, NE%, S E % N W ^ , and Sy2; The areas described aggregate 1,600 Sec. 33, lots 2, 3, Ny2, SW % , and w y 2SE%; of the Department of Agriculture: acres. Sec. 34, lots 1, 2, 4, 5, 8 , 9, 10, and 11. U in t a N a t io n a l F orest H arrison Loesch, T. 3 S., R. 37 E., Assistant Secretary of the Interior. Sec. 4, lots 5 to 8 , inclusive, and S W ^ SALT LAKE MERIDIAN NW>/4t Lodgepole Recreation Area November 6,1969. Sec. 5, lots 3 to 6 , inclusive, and S% N% , [FH. Doc. 69-13452; Piled, Nov. 12, 1969; Ny2SW%; T. 6 S., R. 6 E., 8:47 a.m.] Sec. 6 , lots 9 to 15, Inclusive. Sec. 10, SW14NE14NW 14, SE % NW % NW % , w y2s e 14n w y4, E ^ s w y 4N w y4, s w ^ The areas described aggregate 3,230.55 SW 54NW 14, w y 2NEy4sw y4, n w ^ s w ^ , [Public Land Order 4741 ] acres of public land in Roosevelt County, n w & s w & s w ^ . [Riverside 06978] New Mexico. Maple Canyon Recreation Area CALIFORNIA H arrison L oesch, T. 14 S., R. 2 E., Assistant Secretary of the Interior. Sec. 34, NWi/4 NWi/4 SEy4, S W ^ S W ^ N E ^ . Revocation of Executive Orders of N ovember 6, 1969. Mill Hollow Recreation Area November 11, 1901, and April 30, [F.R. Doc. 69-13475; Piled, Nov. 12, 1969; T. 4 S., R. 7 E., 1902 8:49 a m .] Sec. 12, Sy2 NW%NWyi, Ny2 SW]4NWy4. By virtue of the authority vested in the Payson Lake Recreation Area President and pursuant to Executive [Public Land Order 4743] Order No. 10355 of May 26, 1952 (17 Ts. 10 S., Rs. 2y2 and 3 E., unsurveyed. [Idaho 2969] When surveyed will probably be in the P.R. 4831), it is ordered as follows: SEi/4SE%, sec. 13, N E 14, Ny2 S E ^ , sec. 1. The Executive orders of Novem­ IDAHO 24, T. 10 S., R. 2y2 E.; and the Sy2NWi/4, ber 11, 1901, and April 30, 1902, with­ SW % , sec. 19, T. 10 S., R. 3 E., more par­ drawing the following described public Withdrawal for National Forest ticularly described as: lands for lighthouse purposes, are hereby Recreation Area Beginning at a point on the west side of a revoked: cattle guard which is the lower entrance By virtue of the authority vested in to Payson Lake Campground, said point Sa n B ernardino M eridian the President and pursuant to Executive is located N. 26°30' W., 5,360 feet of T. 1 S., R. 18 W., Order No. 10355 of May 26, 1952 (17 F.R. Payson Station BM No. 8042; thence by Sec. 29, SW % ; 4831), it is ordered as follows: metes and bounds along an existing wire Sec. 30, SE*4; 1. Subject to valid existing rights, the fence: N. 81° W., 109 feet; S. 6 6 ° W „ Sec. 32, lot 4, NW&NW1/4. following described national forest lands 565 feet; S. 35° W., 1,037 feet; S. 51° W.. 490 feet; S. 18° W., 569 feet; S. 20° E., The areas described aggregate ap­ are hereby withdrawn from appropria­ 1,013 feet; S. 36° E„ 8 88 feet; N. 79° E„ proximately 298.04 acres in Los Angeles tion under the mining laws (30 U.S.C., 448 feet; S. 62° E., 409 feet; N. 60° E., County. ch. 2), but not from leasing under the 153 feet; N. 44° E., 285 feet; N. 49° E., 2. This order shall not otherwise be mineral leasing laws, in .aid of programs 236 feet; N. 29° E., 749 feet; N. 24° E., effective to change the status of the of the Department of Agriculture: 210 feet; N. 35° E., 104 feet; N. 29° E., 52 feet; N. 40° E., 117 feet; N. 29° E., 658 lands until it is so provided by an author­ P ayette N a tio n al F orest feet; N. 36“ E., 126 feet; N. 21° E„ 134 ized officer of the Bureau of Land BOISE MERIDIAN feet; N. 34° W., 163 feet; N. 30° W., 1,215 Management. feet; N. 6 6 ° W., 406 feet; N. 6 8 ° W., 142 H arrison L oesch, Evergreen Campground Enlargement feet; N. 81° W „ 269 feet to the west of Assistant Secretary of the Interior. T. 18 N., R. 1 E., lower cattle guard, the place of Sec. 18, lot 4 except the E ^ S W %, E% beginning. N ovember 6,1969. SW>/4. Wolf Creek Campground [P.R. Doc. 69-13453; Piled, Nov. 12, 1969, 8:47 a.m.] The area described aggregates approx­ T. 4 S., R. 8 E„ imately 33.5 acres in Adams County. Sec. 9, Ei/2 SE%SEi4; 2. The withdrawal made by this order Sec. 10, lot 7. [Public Land Order 4742] does not alter the applicability of those U in t a h M erid ian [New Mexico 2501] public land laws governing the use of the T. 1 N., R. 10 W., NEW MEXICO national forest lands under lease, license, Sec. 16, lot 3. or permit, or governing the disposal of The areas described aggregate approx­ Withdrawal for Grulla National their mineral or vegetative resources Wildlife Refuge imately 434 acres in Sanpete, Utah, and other than under the mining laws. Wasatch Counties. By virtue of the authority vested in 2. The withdrawal made by this order the President and pursuant to Executive H arrison L oesch, Order No. 10355 of May 26,1952 (17 P.R. Assistant Secretary of the Interior. does not alter the applicability of those 4831), it is ordered as follows: N ovember 6, 1969. public land laws governing the use of the 1. Subject to valid existing rights, the [P.R. Doc. 69-13476; Piled, Nov. 12, 1969; national forest lands under lease, license, following described public lands which 8:49 a.m.] or permit, or governing the disposal of

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218- -3 18170 RULES AND REGULATIONS

their mineral or vegetative resources Commander may further delegate that Chapter II— Maritime Administration, other than under the mining laws. authority as he deems proper to appro­ Department of Commerce priate staff officers of his command. H arrison L oesch, SUBCHAPTER C— REGULATIONS AFFECTING Assistant Secretary of the Interior• 2. Section 2.50-10 (b) is revised to read as follows: SUBSIDIZED VESSELS AND OPERATORS N ovember 6, 1969. [General Order 20,2d Rev., Arndt. 6 ] § 2.50—10 Reports of violations o f laws [F.R. Doc. 69-13477; Filed, Nov. 12, 1969; or regulations and instituting civil PART 272— POLICY AND PROCEDURE 8:49 a.m.] penalty proceedings generally. REGARDING CONDUCTING OF ***** SUBSIDY CONDITION SURVEYS AND (b )(1 ) The District Commander may ACCOMPLISHMENT OF SUBSIDIZED Title 46— SHIPPING by specific order in writing delegate to VESSEL M AINTENANCE AND appropriate staff officers of his command REPAIRS Chapter I— Coast Guard, Department the authority to determine whethèr to of Transportation invoke the statutory civil penalty and, Miscellaneous Amendment upon receipt from the offender of a peti­ SUBCHAPTER A— PROCEDURES APPLICABLE TO In F.R. Doc. 69-13323 appearing in the tion for relief from a penalty so invoked, THE PUBLIC F ederal R egister issue of November 7, whether to mitigate, or to remit the [CGFR 69-112] 1969 (34 F.R. 18035), the bracketed por­ penalty, as he may deem proper. The tion of the heading should read as writ­ PART 2— VESSEL INSPECTION order shall prescribe the types of cases ten above in lieu of “ [General Order 20, which the designated officer may initiate Arndt. 6 ]” . Subpart 2.50— Assessment, Mitiga­ and process to the same extent permitted tion or Remission of Penalties the District Commander by this subpart, Dated: November 7,1969. and those types of cases which that offi­ ohn onnell D elegation op Authority, R eports op J M. O’C , cer may initiate and process to a lesser Assistant Secretary. V iolations and Civil P enalties extent. With respect to the latter cate­ [F.R. Doc. 69-13505; Filed, Nov. 12, 1969; This document contains amendments gory of cases, the District Commander's 8:51 a.m.] to §§ 2.50-1, 2.50-10 and 2.50-20 which order shall set forth in detail the limits reflect the transfer of the Coast Guard of the authority delegated to the desig­ from the Treasury Department to the nated officer. Department of Transportation and which (2) The term “District Commander’’, expand the authority of District Com­ as hereinafter used in this subpart to Title 7— AGRICULTURE manders of Coast Guard Districts to re- designate the officer authorized to assess, Chapter IX— Consumer and Market­ delegate to appropriate staff officers the mitigate or remit penalties, shall also ing Service (Marketing Agreements authority to assess, mitigate and remit include appropriate staff officers to whom and Orders; Fruits, Vegetables, civil penalties under the navigation and authority to perform such function has Nuts), Department of Agriculture vessel inspection statutes. been delegated. Present regulations provide that the 3. Section 2.50-2Q(d) (2) is revised to [Naval Orange Reg. 182] District Commander may by specific or­ read as follows: PART 907— NAVEL ORANGES der in writing delegate the authority to assess, mitigate or remit penalties to his § 2.50—20 Civil penalties. GROWN IN ARIZONA AND DESIG­ Chief of Staff, Chief, Merchant Marine ***** NATED PART OF CALIFORNIA (d) * * * Safety Division, and/or Chief, Opera­ Limitation of Handling tions Division. Since the increase in rec­ (2) In the event that there is an ap­ reational boating and changes in law peal from the decision of a staff officer, Correction enforcement programs have resulted in a acting under delegated authority, the In F.R. Doc. 69-13322 appearing at reorganization of the district offices, the District Commander shall review the page 17949 in the issue for Thursday, No­ amendments will permit the District case. In the event the District Com-, vember 6, 1969, the figure “ 768,501” in Commander a broadened authority to re- mander determines that the assessment § 907.482(b) (1) (i) should read “ 768,502”. delegate within the district offices as of the penalty is not warranted, the case presently organized. shall be closed and notification thereof Since these amendments involve dele­ given to the appellant. Those cases which [Navel Orange Reg. 183] gations of authority and relate to the upon review by the District Commander PART 907— NAVEL ORANGES GROWN internal management of the Coast are determined to be properly instituted IN ARIZONA AND DESIGNATED Guard, notice and public procedures and administered in accordance with the therein are not required and these regulations in this subpart and for which PART OF CALIFORNIA amendments can be made effective in less remission of the penalty is not considered Limitation of Handling than 30 days. justified shall be forwarded to the Com­ § 907.483 Navel Orange Regulation 183. 1. Section 2.50-1 is revised to read as mandant with the District Commander’s follows: recommendation. (a) Findings. (1) Pursuant to the marketing agreement, as amended, and § 2.50—1 Delegation o f authority. ***** Order No. 907, as amended (7 CFR Part (a) The Secretary of Transportation (R.S. 5294, as amended, sec. 26, 23 Stat. 59, 907, 33 F.R. 15471), regulating the han­ as amended, sec. 6 (b )(1 ), 80 Stat. 937; 46 by 49 CFR 1.4(a) (2) and 1.4(g), has dele­ U.S.C. 7, 8 , 49 U.S.C. 1655 ( b )(1 ); 49 CFR dling of Navel oranges grown in Arizona gated to the Commandant, U.S. Coast 1.4(a) (2) and (g ) ) and designated part of California, effec­ Guard, with the authority to redelegate tive under the applicable provisions of and authorize successive redelegations of Effective date: This amendment shall the Agricultural Marketing Agreement that authority, the functions vested in become effective on the date of its publi­ Act of 1937, as amended (7 U.S.C. 601- him under the navigation and vessel in­ cation in the Federal R egister. 674), and upon the basis of the recom­ spection statutes. Dated: November 7, 1969. mendations and information submitted (b) The Commandant hereby author­ by the Navel Orange Administrative W. J. Sm ith, Committee, established under the said izes each District Commander in his Admiral, U.S. Coast Guard, assigned district to administer certain amended marketing agreement and or­ Commandant. der and upon other available informa­ statutes in accordance with procedures [F.R. Doc. 69-13499; Filed, Nov. 12, 1969; tion, it is hereby found that the limita­ set forth in this subpart. The District 8:50 a.m.J tion of handling of such Navel oranges,

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 RULES AND REGULATIONS „ 18171 as hereinafter provided, will tend to ef­ [Demon Reg. 400] were afforded an opportunity to submit information and views at this meeting; fectuate the declared policy of the act, PART 910— LEMONS GROWN IN (2) It is hereby further found that the recommendation and supporting in­ it is impracticable and contrary to the CALIFORNIA AND ARIZONA formation for regulation during the pe­ public interest to give preliminary no­ Limitation of Handling riod specified herein were promptly sub­ tice, engage in public rule-making pro­ mitted to the Department after such cedure, and postpone the effective date § 910.700 Lemon Regulation 400. meeting was held; the provisions of this of this section until 30 days after publi­ (a) Findings. (1) Pursuant to the regulation, including its effective time, cation hereof in the F ederal R egister marketing agreement, as amended, and are identical with the aforesaid recom­ (5 U.S.C, 553) because the time interven­ Order No. 910, as amended (7 CFR Part mendation of the committee, and infor­ ing between the date when information 910), regulating the handling of lemons mation concerning such provisions and upon which this section is based became grown in California and Arizona, effec­ effective time has been disseminated available and the time when this section tive under the applicable provisions of among handlers of such lemons; it is must become effective in order to effec­ the Agricultural Marketing Agreement necessary, in order to effectuate the de­ tuate the declared policy of the act is Act of 1937, as amended (7 U.S.C. 601- clared policy of the act, to make this insufficient, and a reasonable time is per­ 674), and upon the basis of the recom­ regulation effective during the period mitted, under the circumstances, for mendations and information submitted herein specified to provide for the con­ preparation for such effective time; and by the Lemon Administrative Commit­ tinued size regulation of lemons; and good cause exists for making the provi­ compliance with this section will not re­ sions hereof effective as hereinafter set tee, established under the said amended quire any special preparation on the part forth. The committee held an open marketing agreement and order, and of persons subject hereto which cannot meeting during the current week, after upon other available information, it is be completed on or before the effective giving due notice thereof, to consider hereby found that the limitation of han­ date hereof. Such committee meeting supply and market conditions for Navel dling of such lemons, as hereinafter was held on October 28, 1969. oranges and the need for regulation; in­ provided, will tend to effectuate the de­ (b) Order. (1) During the period No­ terested persons were afforded an oppor­ clared policy of the act. vember 16, 1969, through November 14, tunity to submit information and views 1970, no handler shall handle any lemons, at this meeting; the recommendation (2) The recommendations by the grown in District 1, District 2, or District and supporting information for regula­ Lemon Administrative Committee re­ 3, which are of a size smaller than 1.82 tion during the period specified herein flect its appraisal of the crop and cur­ inches in diameter, which shall be the were promptly submitted to the Depart­ rent and prospective market conditions. largest measurement at right angles to ment after such meeting was held; the Lemons are shipped from the production a straight line running from the stem to provisions of this section, including its area throughout the year. The size re­ the blossom end of the fruit: Provided, effective time, are identical with the That not to exceed 5 percent, by count, of aforesaid recommendation of the com­ quirement provided herein is necessary the lemons in any type of container may mittee, and information concerning such to prevent the handling, on and after measure less than 1.82 inches in diameter. provisions and effective time has been November 16, 1969, of any lemons of a (27 As used in this section, “handle” , disseminated among- handlers of such smaller size than that herein specified, “handler”, “District 1”, “District 2”, and Navel oranges; it is necessary, in order so as to provide consumers with good “District 3” , shall have the same mean­ to effectuate the declared policy of the quality fruit, consistent with (1) the ing as when used in said amended mar­ act, to make this regulation effective keting agreement and order. during the period herein specified; and overall quality of the crop, and (2) compliance with this section will not re­ maximizing returns to the producers (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) quire any special preparation on the part pursuant to the declared policy of the of persons subject hereto which cannot act. This proposed size regulation is the Dated: November 7,1969. be completed on or before the effective same as one currently in effect, which P aul A. N icholson, date hereof. Such committee meeting will continue to be effective through Acting Director, Fruit and Veg­ was held on November 10,1969. November 15,1969. etable Division, Consumer and (b) Order. (1) The respective quanti­ (3) It is hereby further found that it Marketing Service. ties of Navel oranges grown in Arizona is impracticable and contrary to the pub­ [F.R. Doc. 69-13432; Filed, Nov. 12, 1969; 8:46 a.m.] and designated part of California which lic interest to give preliminary notice, may be handled during the period No­ engage in public rule-making procedure, vember 14, 1969, through November 20, and postpone the effective date of this [947.328, Arndt. 2] 1969, are hereby fixed as follows: regulation until 30 days after publication PART 947— IRISH POTATOES GROWN (1) District 1: 940,000 cartons. hereof in the F ederal R egister (5 U.S.C. IN MODOC AND SISKIYOU COUN­ (ii) District 2: Unlimited movement. 553) because the time intervening be­ TIES IN CALIFORNIA AND IN ALL (iii) District 3: 60,000 cartons. tween the date when information upon COUNTIES IN OREGON EXCEPT (2) As used in this section, “handled,” which this regulation is based became MALHEUR COUNTY “District 1,” “ District 2,” “District 3,” available and the time when this regula­ Limitation of Shipments and “carton” have the same meaning as tion must become effective in order to when used in said amended marketing effectuate the declared policy of the act Notice of rule making with respect to a agreement and order. proposed limitation of shipments regula­ is insufficient, and a reasonable time is tion to be made effective under Market­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. permitted, under the circumstances, for ing Agreement No. 114 and Order No. 947, 60J-674) preparation for such effective time; and both as amended (7 CFR Part 947), reg­ Dated: November 12,1969. good cause exists for making the provi­ ulating the handling of Irish potatoes grown in the production area defined P aul A. N icholson, sions hereof effective as hereinafter set therein, was published in the Federal Deputy Director, Fruit and forth. The committee held an open meet­ ing during the past week, after giving R egister October 17, 1969 (34 F.R. Vegetable Division, Consumer 16626). This program is effective under and Marketing Service. due notice thereof to consider supply and the Agricultural Marketing Agreement [F.R. Doc. 69-13618; Filed, Nov. 12-, 1969; market conditions for lemons and the Act of 1937, as amended (7 U.S.C. 691 11:31 a.m.] need for regulation; interested persons et seq.). Interested persons were afforded

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18172 RULES AND REGULATIONS

an opportunity to file written data, views, as passible during the effective period, by the committee as a processor of or arguments pertaining thereto not later (3) similar regulations are currently in canned, frozen, dehydrated, or prepeeled than 15 days after publication. effect and producers and handlers are products, potato chips, or potato sticks. Within this time period the Oregon- aware of the provisions of this regula­ (3) Charity. California Potato Committee, estab­ tion, and (4) compliance with this reg­ (4) Starch. lished pursuant to the said amended ulation will not require any special prep­ (5) Canning or freezing. marketing agreement and order, recom­ aration on the part of persons subject (6) Export: Provided, That all varie­ mended the provision of § 947.328, Limi­ thereto which cannot be completed by ties of potatoes handled pursuant to this tation of Shipments, (a) (3), Cleanliness, the effective date. subparagraph shall be at least U.S. No. be removed for the balance of the The proposal is to amend the intro­ 1 grade and 1% to 2 Vi inches in season. This was done in Amend­ ductory text and paragraphs (a ), (b), diameter. ment 1 to § 947.328, October 23, 1969 (34 (c), and (h) of § 947.328 (34 F.R. 11136, (7) Potato chipping: Provided, That F.R. 17161). The committee further rec­ 16626, 17161) to read as follows: all potatoes handled for chipping shall ommended that such “cleanliness” be at least “ U.S. No. 2 Potatoes for Proc­ § 947.328 Limitation o f shipments. requirements not be contained in the essing” grade 1% inches minimum limitation of shipments regulations here­ During the period November 15, 1969, diameter. inafter set forth. No other written data, through October 14,1970, no person shall (8) Dehydration. . views or arguments pertaining thereto handle any lot of potatoes unless such (9) Prepeeling. were filed. potatoes meet the requirements of para­ (10) Potato sticks (French fried shoe­ Statement of consideration. The notice graphs (a) and (b) of this section, or string potatoes) : Provided, That all was based on the recommendations and unless such potatoes are handled in ac­ varieties of potatoes handled pursuant information submitted by the Oregon- cordance with paragraphs (c ), (d ), (e ), to subparagraphs (8) through (10) of Califomia Potato Committee, established (f), and (g) of this section. this paragraph shall be 1% to 2% inches pursuant to the said amended marketing (a) Grade and size requirements— (1) in diameter and at least 85 percent U.S. agreement and order, and other available Grade. All varieties—U.S. No. 2, or bet­ No, 1 grade. information. The recommendations of ter grade. * * * * * the committee reflect its appraisal of (2) Size. All varieties— 6 ounces mini­ the composition of the 1969 crop in the mum weight: Provided, That potatoes (h) Definitions. (1) The terms “U.S. production area and of the marketing which are 2 inches minimum diameter or No. 1,” “U.S. No. 2,” and “slightly prospects for this season. 4 ounces minimum weight may be skinned” shall have the same meaning as when used in the U.S. Standards for The grade, size, and maturity require­ shipped if U.S. No. 1 grade or better. Potatoes (§§ 51.1540-51.1556 of this ments provided herein are necessary to (b) Maturity (skinning) requirements. title), including the tolerances set forth prevent potatoes that are of poor quality, (1) All varieties— “ Slightly skinned.” therein. or undesirable sizes from being distri­ (2) Not to exceed a total of 100 hun­ (2) The term “U.S. No. 2 Potatoes for buted in fresh market channels. They will dredweight of any variety of a lot of Processing” shall have the same mean­ also provide consumers with good quality potatoes may be handled for any pro­ potatoes consistent with the overall qual­ ducer any 7 consecutive days without re­ ing as when used in the U.S. Standards for Grades of Potatoes for Processing ity of the crop, and maximize returns gard to the aforesaid maturity require­ (§§ 51.3410-51.3424 of this title), includ­ to producers for the preferred quality ments. Prior to each shipment of potatoes and sizes. exempt from the above maturity require­ ing the tolerances set forth therein. The regulations with respect to special ments, the handler thereof shall report (3) The term “prepeeling” means purpose shipments for other than fresh to the committee the name and address potatoes which are clean, sound, fresh market use are designed to meet the dif­ of the producer of such potatoes, and tubers prepared commercially in a pre­ ferent requirements for such outlets. each such shipment shall be handled as peeling plant by washing, removing the outer skin or peel, trimming, and sorting Findings. After consideration of all an identifiable entity. (c) Special purpose shipments. The preparatory to sale in one or more of the relevant matter presented, including that styles of peeled potatoes described in in the aforesaid notice, based upon the minimum grade, size, and maturity re­ quirements set forth in paragraphs (a) § 52.2422 U.S. Standards for Grades of recommendations of the Oregon-Cali- Peeled Potatoes (§§ 52.2421-52.2433 of fomia Potato Committee, and other and (b) of this section shall not be ap­ this title ). available information, it is hereby found plicable to shipments of potatoes for any that the limitation of shipments regula­ of the following purposes: (4) Other terms used in this section tion, as hereinafter set forth, will tend (1) Certified seed. shall have the same meaning as when used in Marketing Agreement No. 114, to effectuate the declared policy of the (2) Grading and storing, planting, or act. livestock feed: Provided, That potatoes as amended, and this part. It is hereby further found that good may not be shipped for such purposes (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. cause exists for making this regulation outside of the district where grown ex­ 601-074) effective at the time herein provided and cept that: (i) potatoes grown in District Dated November 7, 1969, to become for not postponing the effective date of No. 2 or District No. 4 may be shipped for effective November 15, 1969. this section until 30 days after publica­ grading and storing, for planting, or for tion in the Federal R egister (5 U.S.C. livestock feed within, or to, such dis­ P a u l A. N ic h o l s o n , 553) in that (1) shipments of 1969 crop tricts for such purposes; (i|) potatoes Acting Director, Fruit and potatoes grown in the production area grown in any one district may be shipped Vegetable Division, Consumer have already begun therein, (2) to max­ tp a receiver in any other district within and Marketing Service. imize benefits to producers, this regula­ the production area for grading if such [F.R. Doc. 69-13502; Filed, Nov. 12, 1969; tion should apply to as many shipments receiver is substantiated and recognized 8:50 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18173 Proposed Rule Making

11. Price for milk used to produce would have resulted in a Class I price butter; of $6.83, 44 cents over the actual Pitts­ DEPARTMENT OF AGRICULTURE 12. Location adjustments on other burgh district price of $6.39. The 44-cent Consumer and Marketing Service source milk; change was proposed also for the Cleve- 13. Producer-settlement fund reserve; land-Erie district.1 [ 7 CFR Part 1036 1 and Another producer group proposed that [Docket No. AO-179-A32] 14. Seasonal production incentive the Class I price level in the two pricing plans. districts be increased 11 cents. The co­ MILK IN EASTERN OHIO-WESTERN This decision deals only with Issue No. operative indicated that this change PENNSYLVANIA MARKETING AREA 1. The remaining issues are reserved for would establish for the Order 36 market a later decision. the same Class I price relationship with Notice of Recommended Decision and the Chicago market that the north­ F indings and Conclusions Opportunity To File Written Excep­ eastern markets generally have. A trans­ tions on Proposed Amendments to The following findings and conclusions portation allowance of 2.11 cents per 10 Tentative Marketing Agreement on Issue No. 1 are based on evidence miles was used in arriving at the pro­ and to Order presented at the hearing and the record posed 11-cent increase. thereof: The position of a third cooperative was Notice is hereby given of the filing with 1. Class I price. The present Class Ithat the Class I price under the order the Hearing Clerk of this recommended price should remain in effect beyond should be increased, because of higher decision with respect to proposed amend­ December 31,1969. milk production costs, to at least the ments to the tentative marketing agree­ Effective July 1, 1968, the area regu­ level of the overorder, or premium, price ment and order regulating the handling lated by Order 36 was enlarged to include which it claimed handlers are paying for of milk in the Eastern Ohio-Western the marketing areas of the Northeastern Class I milk. The price proposed by the Pennsylvania marketing area. Ohio, Youngstown-Warren and Wheel­ cooperative was $6.66 for the Cleveland- Interested parties may file written ex­ ing Federal orders and certain unregu­ Erie district and $6.75 for the Pittsburgh ceptions to this decision with the Hear­ lated areas in western Pennsylvania and district, 36 to 37 cents over the actual ing Clerk, U.S. Department of Agricul­ Ohio. In the decision leading to this September prices in these districts. ture, Washington, D.C. 20250, by the 15th expansion, it was concluded that the To assure the continued application of day after publication of this decision in newly established Class I price should classified pricing in the Eastern Ohio- the Federal R egister. The exceptions be applicable for only an 18-month pe­ Westem Pennsylvania market, provision should be filed in quadruplicate. All writ­ riod. This was to provide an opportunity should be made for a Class I price beyond ten submissions made pursuant to this to reexamine the Class I price provisions the present December 31 expiration date. notice will be made available for public at a public hearing after the accumula­ The present relationship of producer milk inspection at the office of the Hearing tion of at least 1 year’s data on milk supplies to Class I sales in this market, Clerk during regular business hours (7 supplies and sales. This price review was however, does not warrant Class i differ­ CFR 1.27(b)). one of the issues at the September entials that are greater than those now The above notice of filing of the deci­ hearing. provided in the order. The present Class I price per hundred­ sion and opportunity to file exceptions For the 12-month period of July 1968 weight of milk is the basic formula price thereto are issued pursuant to the provi­ through June 1969, 2.280 billion pounds for the preceding month plus $1.87 for the sions of the Agricultural Marketing of producer milk were used in Class I in Cleveland-Erie pricing district and $1.97 Agreement Act of 1937, as amended (7 the Eastern Ohio-Western Pennsylvania U.S.C. 601 et seq.), and the applicable for the Pittsburgh district. The basic formula price is the average pay price market. This was 70 percent of the 3.251 rules of practice and procedure govern­ billion pounds of milk received from pro­ ing the formulation of marketing agree­ for manufacturing grade milk in Minne­ sota and Wisconsin, but limited to not ducers during that time. The monthly ments and marketing orders (7 CFR Part Class I utilization of producer milk less than $4.33. Class I prices at Cleve­ 900). ranged from a high of 82 percent in No­ P reliminary Statement land and Pittsburgh during the first year (July 1968-June 1969) under the vember 1968 to a low of 56 percent in The hearing oh the record of which expanded order averaged $6.20 and $6.30, June 1969. the proposed amendments, as hereinafter respectively. For the first 10 months, the Although only a limited comparison set forth, to the tentative marketing $4.33 “ floor” was the effective basic may be made for the enlarged market, agreement and to the order as amended, formula price. supplies relative to Class I sales in re­ were formulated, was conducted at cent months are more ample than a year Cleveland, Ohio, on September 9-12 and Major cooperative associations in the market proposed an increase in the Class earlier. For July, August, arid September 15, 1969, pursuant to notice thereof 1969, producer milk used in Class I was which was issued August 14, 1969 (34 I price level in amounts ranging from 11 cents to 44 cents per hundredweight. In 60 percent, 62 percent, and 73 percent, F.R. 13419). respectively, of monthly receipts. This The material issues on the record of supporting their position, they con­ tended that a price increase is necessary may be compared with the higher Class the hearing relate to: I utilization of 63 percent, 69 percent, 1. Class I price; to have the Order 36 price reasonably aligned with Class I prices in other mar­ and 75 percent, respectively, in the same 2. Expansion of the marketing area; months in 1968. There is no indication 3. Pooling standards for supply plants; kets, primarily those to the east. They 4. Definition of distributing plant; also pointed to what they considered a 5. Provisions relating to diverted milk; relatively short supply situation in the 1 Official notice is taken of the Eastern 6. Definition of producer-handler; market. Ohio-Western Pennsylvania monthly statisti­ 7. Pooling exemption for a handler’s One cooperative proposed that the cal releases of the market administrator for Class I price for the Pittsburgh district August and September 1969. Official notice is own production; also taken of the Delaware Valley Federal 8. Classification of certain milk prod­ be equal to the Delaware Valley order order (Part 1004), which provides that the ucts; Class I price less the transportation cost Class I price shall be $7.17 plus any amount 9. Direct delivery differentials; (at 1.5 cents per 10 miles) for the 289- by. which the Minnesota-Wisconsin manu­ 10. Price for milk used to produce mile distance between Philadelphia and facturing milk prioe for the preceding month cottage cheese, yogurt and sour cream; Pittsburgh. In September 1969, this exceeds $4.33.

\ FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18174 PROPOSED RULE MAKING

that milk will be in short supply in the Order 36 handlers experience compe­ though it was contended that such Class near future. tition for route sales from handlers in I prices, as reflected in the blend prices, Cooperatives cited the relatively the Southern Michigan market and in were inducing Eastern Ohio-Western “ tight” supply situation in November other Ohio markets. The Order 36 Class Pennsylvania producers to shift to north­ 1968 (82 percent Class I utilization of I price should be reasonably aligned eastern markets, such shifts have oc­ producer milk) as a warning that higher with prices in these competing markets. curred to only a very limited extent. Class I prices are necessary in this mar­ The Southern Michigan and Tri-State Any significant shift of producers to the ket to induce more production. This has orders, for example, which also use the northeastern markets does not appear been the only occasion under the en­ same basic formula price as Order 36, imminent. larged order, though, when Class I utili­ provide for Class I differentials of $1.60 A number of handlers expressed sub­ zation reached this level. Only in October and $1.67 (Athens-Scioto district), re­ stantial concern, either at the hearing or 1968 (79 percent) and January 1969 (77 spectively. Using the same transporta­ in their briefs, about prices in excess of percent) did the Class I utilization of tion rate of 1.5 cent per 10 miles, a De­ the order Class I price which they producer milk exceed 75 percent of re­ troit handler’s cost of milk moved to claimed they are having to pay produc­ ceipts. When the lowest monthly Class I Cleveland (166 miles) would be increased ers, through their cooperatives, for Class utilization of 56 percent is noted, the real 25 cents per hundredweight. Similarly, I milk. They questioned the propriety of significance of the November 1968 supply the cost of milk moved from Coshocton, such “premiums” in the Eastern Ohio- situation is that it points up the wide Ohio, where Tri-State order sales in the Western Pennsylvania market when seasonal variation in milk production in Order 36 area emanate, to Cleveland (98 handlers are subject to a regulatory pro­ this market. As will be discussed in a miles) would be 15 cents higher. The gram that is intended to carry out the later decision, cooperatives proposed Order 36 price at Cleveland is in reason­ purposes of the Act, including the estab­ various seasonal production incentive able alignment with the prices in these lishment of an appropriate Class I price. plans for the purpose of leveling other markets. Handlers maintained that it is the Sec­ production. At the time the western Pennsylvania retary’s responsibility to fix a Class I As stated earlier, producers indicated a territory was added to the Order 36 price under the order that is fully ade­ need for an intermarket realignment of marketing area, a Class I price was es­ quate for the market as determined un­ Class I prices. No change in the Order tablished for the Pittsburgh district at der the pricing standards of the Act. 36 Class I price is warranted for this 10 cents over the Cleveland-Erie district This price, handlers argued, should then purpose. price. Although this price spread was not be the only prevailing, or effective, Class I Any consideration of price alignment an issue at the hearing, producers and price in the market for milk purchased should take into account the cost of ob­ handlers indicated that the intramarket by all handlers for fluid use. taining milk, whether for supplemental price structure should be continued. The prices which the Secretary has purposes or on a regular supply basis, As noted earlier, one cooperative would responsibility for fixing under an order from alternative sources. Over the long- use a transportation rate of 2.11 cents are minimum prices only. This is clearly run, the Class I price level in the local per 10 miles in determining the proper established by the language of the Act. market cannot exceed by any substantial intermarket alignment of Class I prices. The provisions of the Act do not preclude amount the cost of buying milk in an­ This rate was derived by first determin­ producers from selling their milk at other supply area and transporting it to ing the difference between the Chicago prices above those fixed by the order. the consuming market. I f a significant Regional order Class I price and the or­ The present Class I price set forth in price advantage exists long enough, han­ der Class I price in each of six north­ Order 36, which is proposed herein to be dlers customarily relying on local sup­ eastern markets. Using the correspond­ continued, is appropriate for this mar­ plies will recognize the advantages of ing mileage between Chicago and the ket under the standards of the Act. Such another supply and will change their principal pricing point in each north­ price, as it functions within the total buying arrangements. eastern market, a price difference per marketing system existing in' the Order The Chicago milkshed is a major each 10 miles was computed. The 2.11- 36 area, tends to reflect the supply and source of supplemental supplies for mar­ cent rate is the average of the price dif­ demand for milk, insure a sufficient kets throughout the United States. Class ferences as expressed on a per 10-mile quantity of pure and wholesome milk, I prices in these markets gradually in­ basis. The cooperative contended that and be in the public interest. crease the more distant the markets are the prevailing milk prices in the north­ from the Chicago area. This reflects the eastern markets more nearly reflect a R ulings on P roposed Findings increasing cost of moving milk from the buyer’s actual cost in obtaining milk and Conclusions heavy production areas to the distant from alternative sources than does the Briefs and proposed findings and con­ markets. commonly-used rate of 1.5 cents per 10 clusions were filed on behalf of certain Milk is commonly moved, for instance, miles since these are the prices that have interested parties. These briefs, proposed from the Madison, Wisconsin, area, evolved over the many years of attempt­ findings and conclusions and the evi­ which is in the Chicago milkshed, to ing to maintain a realistic intermarket dence in the record were considered in other States. The basis for pricing milk alignment of prices. making the findings and conclusions set received from that location is the Class The 1.5-cent rate used in the analysis forth above. To the extent that the sug­ I price at Madison plus the cost of trans­ above, however, appropriately reflects gested findings and conclusions filed by porting the milk from there to the con­ the cost of moving milk efficiently under interested parties are inconsistent with suming market. present economic conditions in the mar­ the findings and conclusions set forth The Class I price differential under the ket. It is the rate most commonly used herein, the requests to make such find­ Chicago Regional order, which uses the in Federal orders throughout the United ings or reach such conclusions are denied same basic formula price contained in States and is recognized as an appropri­ for the reasons previously stated in this Order 36, is $1.12 at Madison.2 Using a ate and representative rate for trans­ decision. transportation rate of 1.5 cent per 10 porting milk to the market. Because of G eneral F indings miles, which is provided in this and its wide applicability, it insures a rea­ The findings and determinations here­ many other orders, the cost of moving sonable alignment of prices between this milk over the 480-mile distance- from inafter set forth are supplementary and and other markets at the various loca­ in addition to the findings and deter­ Madison to Cleveland would be 72 cents tions at which handlers under the differ­ per hundredweight. This alternative sup­ minations previously made in connection ent orders compete. with the issuance of the aforesaid order ply cost would suggest a Class I differ­ Cooperatives complained that Order 36 ential of $1.84 at Cleveland, which is and of the previously issued amendments prices are not satisfactorily aligned with thereto; and all of said previous findings within 3 cents of the present differential Class I prices in the northeastern mar­ of $1.87. and determinations are hereby ratified kets. The prices in the northeast have and affirmed, except insofar as such find­ had no particular impact on orderly ings and determinations may be in con­ 2 Official notice is taken of the Chicago marketing conditions in the Eastern flict with the findings and determina­ Regional Federal order (Part 1030). Ohio-Western Pennsylvania area. A l­ tions set forth herein.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 PROPOSED RULE MAKING 18175

(a) The tentative marketing agree­ IF R operations in climb to 1,200 feet ment and the order, as hereby proposed DEPARTMENT OF above the surface and in descent from to be amended, and all of the terms and 1,500 feet above the surface. conditions thereof, will tend to effectuate TRANSPORTATION This amendment is proposed under the the declared policy of the Act; authority of section 307 (a) of the Federal (b) The parity prices of milk as deter­ Federal Aviation Administration Aviation Act of 1958 (49 U.S.C. 1348(a)) and o f section 6(c) of the Department of mined pursuant to section 2 of the Act [1 4 CFR Part 71 1 are not reasonable in view of the price Transportation Act (49 U.S.C. 1655(c)). of feeds, available supplies of feeds, and [Airspace Docket No. 69—¡30-131] Issued fn East Point, Ga., on Octo­ other economic conditions which affect CONTROL ZONE AND TRANSITION ber 31, 1969. market supply and demand for milk in AREA James G. R ogers, the marketing area, and the minimum Director, Southern Region. prices specified in the proposed market­ Proposed Alteration [F.R. Doc. 69-13466; Filed, Nov. 12, 1969; ing agreement and the order, as hereby 8:48 a.m.] proposed to be amended, are such prices The Federal Aviation Administration as will reflect the aforesaid factors, in­ is considering an amendment to Part 71 sure a sufficient quantity of pure and of the Federal Aviation Regulations that [ 14 CFR Part 71 1 wholesome milk, and be in the public would alter the Anderson, S.C., control interest; and zone and transition area. [Airspace Docket No. 69-SO-132] (c) The tentative marketing agree­ Interested persons may submit such CONTROL ZONE AND TRANSITION written data, views or arguments as they ment and the order, as hereby proposed AREA to be amended, will regulate thè han­ may desire. Communications should be dling of milk in the same manner as, and submitted in triplicate to the Federal Proposed Alteration will be applicable only to persons in the Aviation Administration, Southern Re­ respective classes of industrial and com­ gional Headquarters, Air Traffic Division, The Federal Aviation Administration is mercial activity specified in, a market­ Post Office Box 20636, Atlanta, Ga. 30320. considering an amendment to Part 71 of ing agreement upon which a hearing has All communications received within the Federal Aviation Regulations that been held. 30 days after publication of this notice would alter the Elizabeth City, N.C., con­ in the F ederal R egister will be con­ trol zone and transition area. Recommended M arketing A greement and sidered before action Is taken on the Interested persons may submit such Order A mending the Order proposed amendment. No hearing is con­ written data, views or arguments as they The recommended marketing agree­ templated at this time, but arrange­ may desire. Communications should be ment is not included in this decision be­ ments for informal conferences with submitted in triplicate to the Federal cause the regulatory provisions thereof Federal Aviation Administration officials Aviation Administration, Southern Re­ would be the same as those contained in may be made by contacting the Chief, gional Headquarters, Air Traffic Division, the order, as hereby proposed to be Airspace Branch. Any data, views- or Post Office Box 20636, Atlanta, Ga. 30320. amended. The following order amending arguments presented during such, con­ All communications received within the order, as amended, regulating the ferences must also be submitted in writ­ 30 days after publication of this no­ handling of milk in the Eastern Ohio- ing in accordance with this notice in tice in the F ederal R egister will be con­ Western Pennsylvania marketing area order to become part of the record for sidered before action is taken on the pro­ is recommended as the detailed and ap­ consideration. The proposal contained posed amendment. No hearing is contem­ propriate means by which the foregoing in this notice may be changed in the plated at this time, but arrangements conclusions may be carried out: light of comments received. for informal conferences with Federal In § 1036.51, paragraph (a) is revised The official docket will be available for Aviation Administration officials may be to read as follows: examination by interested persons at the made by contacting the Chief, Airspace Federal Aviation Administration, South­ Branch. Any data, views or arguments § 1036.51 Class prices. ern Regional Headquarters, Room 724, presented during such conferences must * * * * * 3400 Whipple Street, East Point, Ga. also be submitted in writing in accord­ (a) Class I price. The Class I price The Anderson control zone described ance with this notice in order to become shall be the basic formula price for the in § 71.171 (34 F.R. 4557) would be re­ part of the record for consideration. The designated as: proposal contained in this notice may preceding month plus $1.67 for plants in be changed in the light of comments the Cleveland-Erie district and $1.77 for Within a 5-mile radius of Anderson County Airport (lat. 34°29'40" N., long. received. plants in the Pittsburgh district, plus 82°42'30" W .); within 1.5 miles each side The official docket will be available for 20 cents for each district. At a plant of Anderson VORTAC 039° radial, extending examination by interested persons at the outside the marketing area, add to the from the 5-mile-radius zone to 1.5 miles Federal Aviation Administration, South­ basic formula price for the preceding northeast of the. VORTAC, ern Regional Headquarters, Room 724, The Anderson transition area de­ 3400 Whipple Street, East Point, Ga. month the amount applicable pursuant The Elizabeth City control zone de­ to this paragraph at the location of .the scribed in § 71.181 (34 F.R. 4637) would be redesignated as: scribed in § 71.171 (34 F.R. 4557 and city hall of the following cities that is 8274) would be redesignated as: nearest (by the shortest hard-surfaced That airspace extending upward from 700 feet above the surface within an 8 .5-mile Within a 5-mile radius of CGAS Elizabeth highway distance as determined by the radius of Anderson County Airport (lat. 34“- City (lat. 36°15'35'' N„ long. 76°10'20" W .) ; market administrator) such plant: Can­ 29'40" N., long. 82°42'30" W .). within 3 miles each side of Elizabeth City VOR 195“ radial, extending from the 5-mile ton and Cleveland, Ohio; Erie, Pitts­ The application of Terminal Instru­ radius zone to 8.5 miles south of the VOR; burgh and Uniontown, Pa.; and Clarks­ ment Procedures (TERPs) and current within 2.5 miles each side of Elizabeth City burg, W. Va. airspace criteria to Anderson terminal VOR 357° radial, extending from the 5-mile radius zone to 8.5 miles north of the VOR. * * * * * area requires the following actions: 1. Decrease the control zone extension This control zone is effective from 0700 to Signed at Washington, D.C., on predicated on’ Anderson VORTAC 039° 220 0 hours, local time, daily. November 6, 1969. radial 1 mile in width and 1.5 miles in The Elizabeth City transition area John C. B lu m , length. described in § 71.181 (34 F.R. 4637) Deputy Administrator, 2, Increase the transition area basic would be redesignated as: Regulatory Programs. radius circle from 8 to 8.5 miles. That airspace extending upward from 700 [F.R. Doc. 60-13433; Piled, Nov. 12, 1969; The proposed alteration is required to feet above the surface within an 8.5-mile 8:46 a.m.] provide controlled airspace protection fbr radius of CGAS Elizabeth City (lat.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18176 PROPOSED RULE MAKING

36°15'35" N., long. 76°10'20" W .); within 3 hearing is contemplated at this time, but partment of Transportation Act (49 miles each side of the 127° bearing from arrangements for informal conferences U.S.C. 1655(c)). Weeksville RBN, extending from the 8.5- with Federal Aviation Administration mile radius area to 8.5 miles southeast of the Issued in East Point, Ga., on Novem­ officials may be made by contacting the RBN; within 8 miles east and 5 miles west ber 4,1969. Chief, Air Traffic Branch. Any data, of Elizabeth City VOR 195° radial, extend­ Ja m e s G . R ogers, ing from the 8.5-mile radius area to 12 miles views, or arguments presented during Director, Southern Region. south of the VOR; within 3 miles each side such conferences must also be submit­ of Elizabeth City VOR 357° radial, extend­ ted in writing in accordance with this [F.R. Doc. 69-13468; Filed, Nov. 12, 1969; ing from the 8.5-mile radius area to 8.5 notice in order to become part of the 8:48 a.m.] miles north of the VOR; excluding the record for consideration. The proposal portion within R-5301B. contained in this notice may be changed [1 4 CFR Part 71 1 The application of Terminal Instru­ in the light of comments received. [Airspace Docket No. 69-SO-137] ment Procedures (TERPs) and current The official docket w ill be available airspace criteria to Elizabeth City ter­ for examination by interested persons at CONTROL ZONE AND TRANSITION minal area requires the following the Federal Aviation Administration, AREA actions: Southern Region, Room 724, 3400 1. Increase the control zone extension Whipple Street, East Point, Ga. Proposed Alteration predicated on Elizabeth City VOR 195° The Sarasota control zone described The Federal Aviation Administration is radial 2 miles in width and 0.5 mile in in § 71.171 (34 F.R. 4557 and 7849) would considering an amendment to Part 71 of length. be redesignated as: the Federal Aviation Regulations that 2. Increase the control zone extension Within a 5-mHe radius of Sarasota-Bra- would alter the Fort Stewart, Ga., con­ predicated on Elizabeth City VOR 357° denton Airport (lat. 27°23'47" N., long. 82°33' trol zone and transition area. radial 1 mile in width and 0.5 mile in 15" W .); within 3 miles each side of the Sar­ Interested persons may submit such, length. asota 050°, 142°, and 302° radials, extending written data, views or arguments as they 3. Increase the transition area basic from the 5-mile radius zone to 8.5 miles northeast, southeast, and northwest otf the may desire. Communications should be radius circle from 8 to 8.5 miles. VOR. This control zone is effective during submitted in triplicate to the Federal 4. Increase the transition area ex­ the specific dates and times established in Aviation Administration, Southern Re­ tension predicated on the 127° bearing advance by a Notice to Airmen. The effective gion, Air Traffic Division, Post Office Box from Weeksville RBN 2 miles in width date and time wiU thereafter be continuously 20636, Atlanta, Ga. 30320. All communi­ and 0.5 mile in length. published in the Airman’s Information cations received within thirty days after Manual. 5. Designate a transition area exten­ publication of this notice in the F ederal sion predicated on Elizabeth City VOR The Sarasota transition area described R eg ister will be considered before action 357° radial 3 miles each side of the radial in § 71.181 (34 F.R. 4637 and 7849) would is taken on the proposed amendment. No and 8.5 miles in length. be redesignated as: hearing is contemplated at this time, The proposed alterations are required but arrangements for informal confer­ to provide controlled airspace protection That airspace extending upward from 700 feet above the surface within an 8.5-mile ences with Federal Aviation Administra­ for IFR operations in climb to 1,200 feet radius of Sarasota-Bradenton Airport (lat. tion officials may be made by contacting above the surface and in descent from 27°23'47" N., long. 82°33'15" W .); within the Chief, Airspace Branch. Any data, 1,500 feet above the surface. 3 miles each side of Sarasota VOR 050°, 142°, views or arguments presented during This amendment is proposed under and 302° radials, extending from the 8.5- such conferences must also be submitted the authority of section 307(a) of the mile radius area to 8.5 miles northeast, south­ in writing in accordance with this notice Federal Aviation Act of 1958 (49 U.S.C. east, and northwest of the VOR; excluding in order to become part of the record for 1348(a)) and of section 6(c) of the De­ that airspace outside the continental limits of the United States. consideration. The proposal contained partment of Transportation Act (49 in this notice may be changed in the U.S.C. 1655(c)). The application of Terminal Instru­ light of comments received. Issued in East Point, Ga., on Novem­ ment Procedures (TERPs) and current The official docket will be available for ber 4,1969. airspace criteria to Sarasota terminal examination by interested persons at the area and the proposed establishment of Federal Aviation Administration, South­ J am e s G . R ogers, two additional prescribed instrument ap­ ern Region, Room 724, 3400 Whipple Director, Southern Region. proach procedures requires the following Street, East Point, Ga. [F.R. Doc. 69-13467; Piled, Nov. 12, 1969; actions: The Fort Stewart control zone de­ 8:48 a.m.] 1. Increase the control zone extension scribed in § 71.171 (34 F.R. 4557) would predicated on the Sarasota VOR 302° be redesignated as: radial 2 miles in width and 0.5 mile in [1 4 CFR Part 71 1 Within a 5-mile radius of Lyle H. Wright length. AAF (lat. 31°53'20" N., long. 81°33'45" W.); [Airspace Docket No. 69-SO-134] 2. Designate control zone extensions within a 1.5-mile radius of Liberty County predicted on the Sarasota VOR 050° and Airport (lat. 31°47'22" N., long. 8T38T5" CONTROL ZONE AND TRANSITION 142° radials 6 miles in width arid 8.5 W .); within 3 miles each side of the 230° AREA miles in length. bearing from Liberty RBN, extending from 3. increase the transition area basic the 5-mile radius zone to 8.5 miles south­ Proposed Alteration radius circle from 8 to 8.5 miles. ■ west of the RBN; within 3 miles each side of Liberty TVOR 242° radial, extending from The Federal Aviation Administration 4. Increase the transition area exten­ the 5-mile radius zone to 8.5 miles south­ is considering an amendment to Part sion predicated on the Sarasota VOR west of the TVOR. 71 of the Federal Aviation Regulations 302° radial 1 mile in width and 0.5 mile that would alter the Sarasota, Fla., in length. The Fort Stewart transition area de­ control zone and transition area. 5. Designate transition area extensions scribed in § 71.181 (34 F.R. 4637) would Interested persons may submit such predicated on the Sarasota VOR 050° and be redesignated as: written data, views, or arguments as 142° radials 6 miles in width and 8.5 That airspace extending upward from 700 they may desire. Communications should miles in length. feet above the surface within an 8 .5-mile be submitted in triplicate to the Federal The proposed alterations are required radius of Lyle H. Wright AAF (lat. 31°53'20'' Aviation Administration, Area Manager, to provide controlled airspace protection N., long. 81°33'45" W .). Miami Area Office, Air Traffic Branch, for IFR operations during climb to 1,200 The application of Terminal Instru­ Post Office Box 2014, AMF Branch, M i­ feet above the surface and during descent ment Procedures (TERPs) and current ami, Fla. 33159. All communications re­ from 1,500 feet above the surface. airspace criteria to Fort Stewart ter­ ceived within 30 days after publica­ This amendment is proposed under the minal area requires the following tion of this notice in the F ederal R e g is ­ authority of section 307(a) of the Fed­ actions: ter will be considered before action is eral Aviation Act of 1958< (49 U.S.C. 1. Redesignate the control zone exten­ taken on the proposed amendment. No 1348(a)) and of section 6(c) of the De­ sion predicated on the 2 3 1° beafing from

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 PROPOSED RULE MAKING 18177

Liberty RBN to the 230° bearing; in­ Within a 5-mile radius of Raleigh-Durham such written data, views, or arguments crease the width from 2 to 3 miles each Airport (lat. 35°52'21" N., long. 78°47'02" as they may desire. Communications W.); within 3 miles each side of Raleigh- should be submitted in triplicate to the side of the bearing, and increase the Durham VORTAC 034° radial, extending length from 8 to 8.5 miles. from the 5-mile radius zone to 8.5 miles Chief, Airspace and Program Standards 2. Increase the control zone extension northeast of the VORTAC; within 3 miles Branch, Federal Aviation Administra­ predicated on Liberty TVOR 242° radial each side of Raleigh-Durham VORTAC 231° tion, 5651 West Manchester Avenue, from 4 to 6 miles in width and from 8 to radial, extending from the 5-mile radius zone Post Office Box 92007, Worldway Postal 8.5 miles in length. to 8.5 miles southwest of the VORTAC, Center, Los Angeles, Calif. 90009. All 3. Revoke the control zone extension The Raleigh transition area described communications received within 30 days predicated on the 049° bearing from in § 71.181 (34 F.R. 4637 and 12595) after publication of this notice in the Allenhurst RBN. would be redesignated as : F ederal R e g ister will be considered be­ 4. Increase the transition area basic fore action is taken on the proposed That airspace extending upward from 700 amendment. No public hearing is con­ radius circle from 6 to 8.5 miles. feet above the surface within a 9-mile radius The proposed alterations are required of Raleigh-Durham Airport . (lat. 35°52'21" templated at this time, but arrangements to provide controlled airspace protection N., long. 78°47'02" W .) ; within 9.5 miles for informal conferences with Federal for IPR operations in climb to 1,200 feet northwest and 4.5 miles southeast of Aviation Administration officials may be above the surface and in descent from Raleigh-Durham ILS localizer southwest made by contacting the Regional Air 1,500 feet above the surface. course, extending from the LOM to 18.5 miles Traffic Division Chief. Any data, views, southwest; within 9.5 miles northwest and or arguments presented during such con­ This amendment is proposed under the 4.5 miles southeast of Raleigh-Durham ferences must also be submitted in writ­ authority of section 307 (a) of the Fed­ VORTAC 231° radial, extending from the ing in accordance with this notice in eral Aviation Act of 1958 (49 U.S.C. VORTAC to 18.5 miles southwest of the VORTAC. order to become part of the record for 1348(a)) and of section 6(c) of the De­ consideration. The proposal contained in partment of Transportation Act (49 The application of Terminal Instru­ this notice may be changed in the light UJS.C. 1655(c)). ment Procedures (TERPs) and current of comments received. Issued in East Point, Ga., on Novem­ airspace criteria to Raleigh terminal area A public docket will be available for ber 4,1969. requires the following actions: examination by interested persons in the C h e st e r W . W e l l s , Control zone. 1. Revoke the extension office of the Regional Counsel, Federal Acting Deputy Director, predicated on the ILS localizer southwest Aviation Administration, 5651 West Southern Region. course. Manchester Avenue, Los Angeles, Calif. 2. Increase the extension predicated on [F.R. Doc. 69-13469; Filed, Nov. 12, 1969; 90045. 8:48 a.m.] the VORTAC 034° radial 2 miles in width The instrument approach procedure and 0.5 mile in length. has been revised in accordance with the 3. Increase the extension predicated on U.S. Standard for Terminal Instrument [1 4 CFR Part 71 1 the VORTAC 231° radial 2 miles in width Procedures (TE R PS). Therefore, it is and 0.5 mile in length. [Airspace Docket No. 69-SO-138] necessary to amend the transition area in Transition area. 1. Revoke the exten­ accordance with the new criteria. These CONTROL ZONE AND TRANSITION sion predicated on the 045° bearing from changes are reflected herein. AREA Leaksville RBN. In consideration of the foregoing the 2. Increase the extension predicated on FAA proposes the following airspace Proposed Alteration the ILS localizer southwest course 1 mile action. The Federal Aviation Administration in width and 6.5 miles in length. In § 71.181 (34 F.R. 4637) the descrip­ is considering an amendment to Part 71 3. Designate an extension predicated tion of the Gunnison, Colo., transition of the Federal Aviation Regulations that on the VORTAC 231° radial 14 miles in area is amended to read as follows: width and 18.5 miles in length. would alter the Raleigh, N.C., control G u n n is o n , Colo. zone and transition area. The proposed alterations are required for the protection of IF R operations in That airspace extending upward from 700 Interested persons may submit such climb to 1,200 feet above the surface and feet above the surface within 9.5 miles north­ written datsi; views or arguments as they west and 6 miles southeast of the Gunnison in descent from 1,500 feet above the VORTAC 045° and 225° radials extending may desire. Communications should be surface. submitted in triplicate to the Federal from 12 miles northeast to 19 miles south­ Aviation Administration, Southern Re­ This amendment is proposed under the west of the VORTAC. gion, Air Traffic Division, Post Office Box authority of section 307(a) of the Federal This amendment is proposed under the 20636, Atlanta, Ga. 30320. All communi­ Aviation Act of 1958 (49 U.S.C. 1348(a) ) authority of section 307(a) of the Fed­ cations received within 30 days after and of section 6(c) of the Department of eral Aviation Act of 1958, as amended (72 Transportation Act (49 U.S.C. 1655(c)). publication of this notice in the F ederal Stat. 749; 49 U.S.C. 1348(a), and of sec­ R egister will be considered before action Issued in East Point, Ga., on Novem­ tion 6(c) of the Department of Trans­ is taken on the proposed amendment. No ber 4,1969. portation Act (49 U.S.C. 1655(c)). hearing is contemplated at this time, but C h e st e r W . W e l l s , Issued in Los Angeles, Calif., on arrangements for informal conferences Acting Deputy Director, November 3,1969. with Federal Aviation Administration of­ Southern Region. L ee E. W ar r e n , ficials may be made by contacting the [F.R. Doc. 69-13470; Filed, Nov. 12, 1969; Acting Director, Western Region. Chief, Airspace Branch. Any data, views 8:48 a.m.] or arguments presented during such con­ [F.R. Doc. 69-13471; Filed, Nov. 12, 1969; ferences must also be submitted in writ­ 8:49 a.m.] ing in accordance with this notice in [1 4 CFR Part 71 1 order to become part of the record for [Airspace Docket No. 69-WE-78] consideration. The proposal contained in [ 14 CFR Part 71 1 this notice may be changed in the light TRANSITION AREA [Airspace Docket No. 69-WE-75] of comments received. Proposed Alteration TRANSITION AREA The official docket will be available for examination by interested persons at the The Federal Aviation Administration Proposed Designation Federal Aviation Administration,, South­ is considering an amendment to Part 71 The Federal Aviation Administration ern Region, Room 724, 3400 Whipple of the Federal Aviation Regulations is considering an amendment to Part 71 Street, East Point, Ga. which would alter the description of the of the Federal Aviation Regulations that The Raleigh control zone described in Gunnison, Colo,, transition area. § 71.171 (34 f ;r . 4557) would be redesig­ Interested persons may participate in would designate a transition area for nated as: the proposed rule-making by submitting Gillette-Campbell County Airport, Wyo.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------4 18178 PROPOSED RULE MAKING

Interested persons may participate in [ 14 CFR Parts 71, 75 ] the proposed rule-making by submitting such written data, views, or arguments as [Airspace Docket No. 69-SO-71] ATOMIC ENERGY COMMISSION they may desire. Communications should E 10 CFR Parts 30, 31 ] be submitted in triplicate to the Chief, FEDERAL AIRWAY, JET ROUTES, AND Airspace and Program Standards ASSOCIATED CONTROL AREA EXEMPT CONCENTRATIONS AND Branch, Federal Aviation Administra­ GENERALLY LICENSED ITEMS Proposed Alteration; Supplemental tion, 5651 West Manchester Avenue, Notice of Proposed Rule Making Post Office Box 92007, Worldway Notice Postal Center, Los Angeles, Calif. 90009. Section 30.70, Schedule A, of 10 CFR All communications received within In a notice of proposed rule making Part 30 lists concentration values for var­ 30 days after publication of this notice published in the F ederal R egister on ious radionuclides which are exempt October 2, 1969 (34 F.R. 15364), it was in the F ederal R eg ister will be consid­ from the licensing requirements of the ered before action is taken on the pro­ stated in part that the Federal Aviation Atomic Energy Act and the Atomic posed amendment. No public hearing is Administration was considering: > Energy Commission’s regulations pursu­ contemplated at this time, but arrange­ 1. Realign VOR Federal airway No. 3 ant to § 30.14. The purpose of the exemp­ ments for informal conferences with Fed­ east alternate segment from Biscayne tion for the scheduled concentrations is eral Aviation Administration officials Bay, Fla., to Palm Beach, Fla., via the to permit the distribution of products may be made by contacting the Regional Biscayne Bay VOR 008°T (008°M) and such as oil and gasoline containing trace Air Traffic Division Chief. Afiy data, Palm Beach VORTAC 166°T (166°M) quantities of byproduct materials that views, or arguments presented during radials. may remain in the products following such conferences must also be submitted 2. Realign Jet Route No. 77 segment their use in industrial operations for in writing in accordance with this notice with associated control area from Bis­ purposes of quality control, tracer in order to become part of the record cayne Bay to Vero Beach, Fla., via the studies, and process control. for consideration. The proposal con­ Biscayne Bay VOR 008°T (008°M) and The exempt concentrations in § 30.70, tained in this notice may be changed in Vero Beach VORTAC 143 °T (143°M) Schedule A, are equal to the lowest con­ the light of comments received. radials. centration for each byproduct material A public docket will be available for Subsequent to the issuance of the given in table I of National Bureau of examination by interested persons in the notice, it was determined that one of the Standards Handbook 69 for continuous office of the Regional Counsel, Federal primary arrival fixes should be changed occupational exposure (168-hour week). Aviation Administration, 5651 West from the north to the northeast. This Section 30.70 does not include a spe­ cific listing for strontium-85 which is a Manchester Avenue, Los Angeles, Calif. change would require the following 90045. gamma emitter with a half-life of 64 changes to the original notice: H ie City of Gillette, Campbell County, days. Strontium-85 has physical and and the State of Wyoming are establish­ 1. Item 1 would be canceled. chemical properties which would make it ing a ,non-Federal VOR on the Gillette- 2. Item 2 would be amended to read: useful in certain types of tracer experi­ Campbell County Airport. This navaid ments. It appears, however, that the con­ Realign Jet Route No. 77 segment with centration of l x 10'* uc/ml, presently will be used to support public use instru­ associated control area from Biscayne Bay to ment flight rule (1FR), approach, Vero Beach, Fla., via the Biscayne Bay VOR exempt under the provision for beta and/ departure, and holding procedures. 021 °T (021 °M) and Vero Beach VORTAC or gamma emitting byproduct material The 700-foot portion of the transition 143°T (143°M) radials. not specifically listed in § 30.70 with half-life less than 3 years, is inadequate area is required to provide controlled air­ The time within which comments will space protection for aircraft executing for such uses of strontium-85. prescribed instrument procedures while be received for consideration on the orig­ The proposed amendment of § 30.70 operating above 700 feet above the sur­ inal expires on October 31, 1969. Action set out below would add a specific listing face. The 1,200-foot portion is necessary is taken herein to extend the comment for strontium-85 of 1X 10'* uc/ml in liquid for controlled airspace protection for air­ period on Airspace Docket No. 69-SO-71 and solid concentration. This value is craft transitioning between the Crazy to November 20, 1969. listed in NB'S Handbook 69 and is con­ Woman, Wyo. VORTAC and Gillette, sistent with the criteria used in deriving Wyo. VOR. Communications should be submitted the concentration values for the 152 ra­ In consideration of the foregoing the in triplicate to the Director, Southern dioisotopes presently listed in § 30.70. FAA proposes the following airspace Region, Attention: Chief, Air Traffic Di­ The Commission also is proposing an action. vision, Federal Aviation Administration, amendment of 10 CFR Part 31. Section In § 71.181 (34 F.R. 4637) the following Post Office Box 20636, Atlanta, Ga. 30320. 31.3(c) of 10 CFR Part 31 provides a gen­ transition area is added. eral license for devices designed for use Since this action involves, in part, the in measuring-or determining light inten­ G il le t te , W y o . designation of navigable airspace out­ sity which contain as a sealed source by­ That airspace extending upward from 700 side the United States, the Administrator product material consisting of a total of feet above the surface within 6 miles east has consulted with the Secretary of State not more, than 200 microcuries of stron­ and 9.5 miles west of the Gillette VOR (lati­ and the Secretary of Defense in accord­ tium-90 per device. This general license tude 44°20'52" N., longitude 105°32'34" W .) was issued in 1956. Light meters have 176° and 356° radials, extending from 8 miles ance with the provision of Executive never been distributed for use under the south to 18.5 miles north of the VOR. That Order 10854. airspace extending upward from 1 ,2 0 0 feet general license and the specific license above the surface within 5 miles each side of These amendments are proposed'under issued to the manufacturer by the Com­ a direct line between the Crazy Woman the authority of sections 307(a) and 1110 mission has expired. There appears to be VORTAC and the Gillette VOR. of the Federal Aviation Act of 1958 (49 no need for retaining a general license for This amendment is proposed under the U.S.C. 1348 and 1510); Executive Order such light meters. Accordingly, the pro­ posed amendment of § 31.3 set out below authority of section 307(a) of the Fed­ 10854 (24 F.R. 9565); and section 6(c) would revoke the general license for light eral Aviation Act of 1958, as amended of the Department of Transportation Act (72 Stat. 749; 49 U.S.C. 1348(a), and of meters in § 31.3(c). section 6(c) of the Department of Trans­ (49 U.S.C. 1655(c)). Pursuant to the Atomic Energy Act portation Act (49 U.S.C. 1655(c) ). Issued in Washington, D.C., on Oc­ of 1954, as amended, and section 553 of tober 31,1969. title 5 of the United States Code, notice Issued in Los Angeles, Calif., on Novem­ is hereby given that adoption of the fol­ ber 3, 1969. H . B. H e ls t r o m , lowing amendments to 10 CFR Parts 30 L ee E. W a r r e n , Chief, Airspace and Air and 31 is contemplated. All interested Acting Director, Western Region. ■ Traffic Rules Division. persons who desire to submit written [F.R. Doc. 69-13472; Filed, Nov. 12, 1969; [F.R. Doc. 69-13465; Filed, Nov. 12, 1969; comments or suggestions for considera­ 8:49 a.m.] 8:48 a.m.] tion in connection with the proposed

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 PROPOSED RULE MAKING 18179 amendments should send them to the 111., commercial zone which were most re­ Building Material Corp., Trussbilt Secretary, U.S. Atomic Energy Commis­ cently defined On October 2, 1969, in Homes, Inc., Schnuck Markets, Inc., and sion, Washington, D.C. 20545, Attention: MC-C-1 (Sub-No. 7) St. Louis, Mo.-East F. F. Kirchner, Inc. Chief, Public Proceedings Branch within St. Louis, III., Commercial Zone, 110 Petitioners’ representatives: Ernest A. 30 days after publication of this notice M.C.C. 438 at pages 439-440 (49 CFR Brooks II, 1301 Ambassador Building, St. in the F ederal R egister. Comments re­ 1048.3) so as to include therein an area Louis, Mo. 63101, and G. M. Refman, 1230 ceived after that period will be consid­ west of the present western limits of the Boatman’s Bank Building, St. Louis, Mo. ered if it is practicable to do so, but as­ zone. 63102. surance of consideration cannot be given . As presently defined, the St. Louis, By petition filed July 21, 1969, the except as to comments filed within the Mo.-East St. Louis, 111.; commercial zone above-named petitioners request the period specified. Copies of comments on is bounded, in part, by a line beginning Commission to reopen the above proceed­ the proposed rule may be examined at at the junction of Treecourt Avenue and ing for the purpose of redefining the the Commission’s Public Document Room Big Bend Road, thence easterly along Big limits of the St. Louis, Mo.-East St. at 1717 H Street NW., Washington, D.C. Bend Road to the western boundary of Louis, 111., commercial zone which were 1. Section 30.70 Schedule A— ExemptKirkwood, Mo., thence along the western most recently defined on October 2, 1969, Concentrations, is amended by adding and northern boundaries of Kirkwood to in MC-C-1 (Sub. No. 7) St. Louis, Mo.- the isotope Sr 85 next to the element the western boundary of Huntleigh, Mo. East St. Louis, III., Commercial Zone, Strontium and adding a concentration Petitioners request the Commission to 110 M.C.C. 438 at pages 439-440 (49 CFR value of 1X10*8 for Sr 85 in Column II, include within the zone an area bounded 1048.3) so as to include therein an area as follows: by a line as follows: Beginning at the west of the present northwestern limits intersection of Manchester Road and the of the zone. Column I Column western boundary of Kirkwood, Mo., said As presently defined, the St. Louis, II point being at the present commercial Mo.-East St. Louis, 111., commercial zone Element (atomic Isotope Gas con­ Liquid zone limits, westerly along Manchester is bounded, in part, by a line beginning number) centration and solid at the junction of Dorsett Road and U.S. centration concen­ Road to its intersection with Interstate uc/ml 1 tration Highway 244, thence southerly along Highway 66, thence in a northerly direc­ uc/ml2 Interstate Highway 244 to its intersection tion along U.S. Highway 66 to its junc­ with Dougherty Ferry Road, thence east­ tion with Natural Bridge Road, thence 8 9 8 * * * * * * * * • erly along Dougherty Ferry Road to its in an easterly direction along U.S. Strontium (38)...... Sr 85______1X10-5 intersection with the present limits of Highway 66 to the western boundary of St. Ferdinand, Mo. Petitioners request * * * * * * • * ♦ * * * said commercial zone, thence northerly along the present zone limits to the point the Commission to include within the of beginning. zone an area bounded by a line as fol­ 2. Paragraph (c) Light meter of § 31.3 No oral hearing is contemplated at this lows:-Beginning at the intersection of of 10 CFR Part 31 is revoked. time, but anyone wishing to make repre­ Lindbergh Boulevard and St. Charles (Sec. 101, 68 Stat. 948; 42 U.S.C. 2201) sentations in favor of, or against, the Rock Road, said point being at the above-proposed revision of the limits of present commercial zone limits, west­ Dated at Washington, D.C., this 23d erly along St. Charles Rock Road to its day of October 1969. the St. Louis, Mo.-East St. Louis, 111., commercial zone, may do so by the sub­ intersection with the Missouri River, For the Atomic Energy Commission. mission of written data, views, or argu­ thence northerly along the east shore of ments. An original and seven copies of the Missouri River to its junction with W . B. M cC o o l , Secretary. such data, views or arguments shall be the Norfolk and Western Railway Co. filed with the Commission on or before right-of-way, thence easterly along the [F.R. Doc. 69-13437; Filed, Nov. 12, 1969; December 22, 1969. Each such statement southern boundary of the Norfolk and 8:46 a.m.] should include a statement of position Western Railway right-of-way to Lind­ with respect to the proposed revision, and bergh Boulevard, thence southerly along a copy thereof should be served upon Lindbergh Boulevard to the point of petitioners’ representative. beginning. INTERSTATE COMMERCE Notice to the general public of the No oral hearing is contemplated at this matter herein under consideration will time, but anyone wishing to make repre­ COMMISSION be given by depositing a copy of this sentations in favor of, or against, the notice in the Office of the Secretary of above-proposed revision of the limits of [ 49 CFR Part 1048 ] the Commission for public inspection and the St. Loins, Mo.-East St. Louis, 111., [No. MC—C-l (Sub-No. 6 ) ] by filing a copy thereof with the Director, commercial zone, may do so by the sub­ Division of the Federal Register. mission of written data, views, or argu­ ST. LOUIS, MO.-EAST ST. LOUIS, ILL., By the Commission. ments. An original and seven copies of COMMERCIAL ZONE such data, views, or arguments shall be [ seal] H. N eil G arson, filed with the Commission on or before Proposed Redefinition of Limits Secretary. December 22, 1969. Each such statement [F.R. Doc. 69-13480; Filed, Nov. 12, 1969; N ovember 7, 1969. should include a statement of position 8:49 a.m.] Petitioners: The Childrens Shop, Lud­ with respect to the proposed revision, wig Music House, Inc., F. W. Woolworth and a copy thereof should be served upon Co., The Singer Co., Worths, Thayer [ 49 CFR Part 1048 ] petitioners’ representatives. McNeil Shoes, Pope’s Cafeterias, W olff’s [No. MC-C-1 (Sub-No. 9)] Notice to the general public of the Clothiers, Inc., Barricini Stores, Inc., matter herein under consideration will Boyd-Richardson Co., B. Dalton, Book­ ST. LOUIS, MO.-EAST ST. LOUIS, ILL., be given by depositing a copy of this seller, Glaser Drug Co. COMMERCIAL ZONE notice in the Office of the Secretary of Petitioners’ representative: B. W. La- Proposed Redefinition of the Limits the Commission for public inspection, Tourette, Jr., 611 Olive Street, St. Louis, and by filing a copy thereof with the Di­ Mo. 63101. N ovember 7,1969. rector, Division of the Federal Register. Petitioners: Hussman Refrigerator Co., By petition filed May 9, 1969, the By the Commission. Lianco Container Corp., St. Louis Die­ above-named petitioners request the casting Corp., Central Hardware Co., [ seal] H. N e il G arson, Commission to reopen the above proceed­ Industrial Construction, Inc., Montgom­ Secretary. ing for the purpose of redefining the ery Egg & Poultry Co., Gardner-Denvér [F.R. Doc. 69-13481; Filed, Nov. 12, 1969; Unfits of the St. Louis, Mo.-East St. Louis, Co., Associated Grocers Co., Majestic 8:49 a m .]

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18180 PROPOSED RULE MAKING

small producer certificate in excess of amend § 157.40 so as to permit such FEDERAL POWER COMMISSION the just and reasonable rates determined filings. in the Permian case and to put them into [ 18 CFR Part 157 1 5. In Consideration of the foregoing effect at the end of the suspension period, it is proposed that § 157.40 of the Com­ [Docket No. R-374] subject to refund. However, because of mission’s Regulations under the Natural the provisions in paragraph (b) of Gas Act, Part 157, Subchapter E, Chap­ AREA RATES FOR SMALL PRODUCERS § 157.40 of the regulations, small pro­ (PERMIAN BASIN AREA) ter I, Title 18 of the Code of Federal Reg­ ducers operating under a small producer ulations (18 CFR 157.40) be amended by Proposed Increased Rate Filings certificate have been proscribed from adding a new paragraph (g) reading as filing contractually authorized increased follows; N ovember 4,1969. rates for sales included in the small pro­ 1. Notice is hereby given, pursuant to ducer certificate above the applicable § 157.40 Small producer certificates of the Administrative Procedure Act, 5 area base rates.2 In the event the Com­ public convenience and necessity. U.S.C. 553, et seq. (1967) and sections 4, mission decides in a later Permian pro­ * * * * * 5, 7, and 16 of the Natural Gas A ct1 that ceeding that the just and reasonable (g) Notwithstanding the provisions of the Commission proposes to amend ceilings for old and new gas in Opinion paragraph (b) of this section, a small § 157.40 of the Commission’s regulations No. 468 should be increased for the period producer who is operating under a small under the Natural Gas Act, Part 157, following the expiration of the morato­ producer certificate with respect to sales Subchapter E, Chapter I, Title 18 of the rium, those small producers operating in the Permian Basin area may file under Code of Federal Regulations (18 CFR under a small producer certificate in § 154.94(f) of this chapter (18 CFR 154.94 157.40) by adding a new paragraph (g) Permian would be adversely affected by (f)) an increase in rate in excess of the thereto to permit small producers operat­ the rate limitation in § 157.40(b) be­ applicable rate set forth in said para­ ing in the Permian Basin Area under cause they would not be permitted to graph (b) where contractually author­ small producer certificates, issued pur­ collect a higher rate for the period prior ized to do so without making the rate suant to § 157.40, to file increased rates to any such Commission determination. schedule and certificate filings required for the sale of natural gas, if contractu­ However, if small producers were allowed by §§ 154.92 and 157.23 of the Commis­ ally authorized to do so, above the rate to collect rates in excess of the present sion’s regulations under the Natural Gas ceilings set forth in § 157.40(b). just and reasonable ceilings they would Act, Subchapter E, Chapter I, Title 18 of 2. On October 29, 1965, we issued be required to refund, with interest, any the Code of Federal Regulations (18 CFR Order No. 308, Docket No. Rr-279, 34 FPC amounts collected in excess of the just 154.91, 154.92 and 157.23). 1202, amending the regulations under the and reasonable rates determined in the 6. This amendment to the Commis­ Natural Gas Act to grant relief from cer­ later Permian proceeding. sion’s Regulations under the Natural Gas tificate and rate filing requirements in 4. The problem involved in the presentAct is proposed to be issued under the au­ the case of small producer sales in the rate limitation in § 157.40(b) would be thority granted by the Natural Gas Act, Permian Basin area. The amendment, alleviated by permitting small producers as amended, particularly sections 4, 5, inter alia, added a new § 157.40 to the operating under small producer certifi­ 7, and 16 thereof (52 Stat. 822, 823, 824, regulations, and in paragraph (b) thereof cates in the Permian Basin area to file 825 and 830; 56 Stat. 83, 84; 61 Stat. 459; the Commission set out the applicable contractually due increases above the 79 Stat. 72; 15 U.S.C. 717c, 717d, 717f, rate ceilings for small producer sales in area ceilings prescribed in that section, and 717o). the Permian Basin area. Such rates were without filing any rate schedule or ob­ 7. Any interested person may submit to in accordance with those found to be the taining new certificate authorization the Federal Power Commission, Washing­ just and reasonable base area rates in the with respect to such sales.8 We think this ton, D.C. 20426 on or before December 19, Commission’s Opinion No. 468, 34 FPC is desirable and, therefore, propose to 1969, data, views, and comments in writ­ 159, 239. ing concerning the amendment proposed 3. In Opinion No. 468 the Commission herein. An original and fourteen (14) provided that no increase in rate in ex­ a At the present time a small producer op­ copies of any such submittals shall be erating under a small producer certificate cess of the applicable area rate would be filed with the Secretary of the Commis­ filed by any producer prior to January 1, cannot collect an above ceiling rate for a par­ ticular sale until It has obtained certificate sion. The Commission will consider all 1968. Since January 1, 1968, producers such submittals before acting on the pro­ in the Permian Basin area have been per­ authorization for that sale (or reinstate­ ment of its earlier authorization) and filed posed amendment. mitted, where contractually authorized, a notice of change in rate and a quality to file rates for sales not covered by a statement. See order issued July 10, 1968, in By direction of the Commission. Thornton Oil Company, Docket No. RI69-1. G o r d o n M. G rant, 1 (52 Stat. 822, 823, 824, 825 and 830 (1938) ; 3 If a small producer made a filing but did Secretary. 56 Stat. 83, 84 (1942); 61 Stat. 459 (1947); not have a contractual right to do so, it would 76 Stat. 72 (1962); 15 U.S.C. § 717c, d, f, be incumbent upon the purchaser to so [F.R. Doc. 69-13439; Filed, Nov. 12, 1969; and o.) notify the Commission. 8:47 am.]

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18181 Notices

unduly discriminatory, or preferential, until date shown in the “Date Suspended FEDERAL POWER COMMISSION or otherwise unlawful. Until” column, and thereafter until The Commission finds: It is in the made effective as prescribed by the [Docket No. RI70-350 etc.] public interest and consistent with the Natural Gas Act Natural Gas Act that the Commission (C) Until otherwise ordered by the SUN OIL CO. ET AL. enter upon hearings regarding the law­ Commission, neither the suspended sup­ Order Providing for Hearings on and fulness of the proposed changes, and plements, nor the rate schedules sought Suspension of Proposed Changes in that the supplements herein bp sus­ to be altered, shall be changed until pended and their use be deferred as disposition of these proceedings or Rates 1 ordered below. expiration of the suspension period. O ctober 31, 1969. The Commission orders: (A ) Under (D) Notices of intervention or peti­ The Respondents named herein have the Natural Gas Act, particularly sec­ tions to intervene may be filed with the filed proposed increased rates and tions 4 and 15, the regulations pertain­ Federal Power Commission, Washing­ charges of currently effective rate sched­ ing thereto (18 CFR Ch. I) , and the ton, D.C. 20426, in accordance with the ules for sales of natural gas under Com­ Commission’s rules of practice and pro­ rules of practice and procedure (18 CFR mission jurisdiction, as set forth in cedure, public hearings shall be held 1.8 and 1.37(f)) on or before Decem­ appendix A hereof. concerning the lawfulness of the pro­ ber 15, 1969. The proposed changed rates and posed changes. By the Commission. charges may be unjust, unreasonable, (B) Pending hearings and decisions 1Does not consolidate for hearing or dis­ thereon, the rate supplements herein [ seal] G ordon M. G rant, pose of the several matters herein. are suspended and their use deferred Secretary.

A ppendix A

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

RI70-360- Sun Oil Co., Post 9 16 Tennessee Gas Pipeline Co., a divi­ $13,048 10- 2-69 2 11- 2-69 4- 2-70 815.6569 8 8 16.6606 RI68-100. Office Box 2880, sion of Tenneco Inc. (North Gov­ Dallas, Tex. ernment Wells Field, Jim Wells 75221. County, Tex.) (RR. District No. 4)...... do...... 11 9 Tennessee Gas Pipeline Co., a divi­ 5,019 10- 2-69 211- 2-69 4- 2-70 «15.6538 8 8 16.6576 RI68-100. sion of Tenneco Inc. (Gyp Hill Field, Brooks County, Tex.)(RR. District No. 4)...... do...... - ...... 15 10 Tennessee Gas Pipeline Co., a divi­ 602 10- 2-69 211- 2-69 4- 2-70 8 15.6563 « 8 16.6600 RI68-100. sion of Tenneco Inc. (Edinburg Field, Hidalgo County, Tex.) (RR. District No. 4). ____ do...... 67 9 Tennessee Gas Pipeline Co., a divi­ 803 10- 2-69 .2 11- 2-69 4- 2-70 815.6585 8 8 16.6623 RI68-100. g sion of Tenneco Inc. (San Salvador Field, Hidalgo County, Tex.) (RR. District No. 4)...... do...... 79 7 Tennessee Gas Pipeline Co., a divi­ (6) 10- 2-69 2 11- 2-69 4- 2-70 815.6585 8 8 16.6623 RI68-100. sion of Tenneco Inc. (West Sulli­ van Field, Starr County, Tex.) (RR. District No. 4)...... do...... 104 7 Tennessee Gas Pipeline Co., a divi­ 50,190 10- 2-69 211- 2-69 4- 2-70 15.6585 » 8 16.6623 RI68-100. sion of Tenneco Inc. (Seeligson Field, Jim Wells County, Tex.) (RR. District No. 4). ___ .do...... 125 7 Tennessee Gas Pipeline Co., a divi­ 24,963 10- 2-69, 211- 2-69 4- 2-70 818.0675 3 8 19.31563 sion of Tenneco Inc. (Seeligson (Deep) Field, Jim Wells County, Tex.) (RR. District No. 4)...... do...... 170 12 Tennessee Gas Pipeline Co., a divi­ 2,710 10- 2-69 211- 2-69 4- 2-70 8 15.6458 3 8 16.6495 RI68-100. sion of Tenneco Inc. (North Sun (K -l sand) Field, Starr County, Tex.) (R R . District No. 4). ____ do...... 171 10 ____ do______1,355 10- 2-69 211- 2-69 4- 2-70 8 15.6458 » 816.6495 RI68-100. ____ do...... 133 13 Tennessee Gas Pipeline Co., a divi­ 539 10- 2-69 2 11- 2-69 4- 2-70 8 8 18.05344 8 8 « 20.3018 RI66-312. sion of Tenneco Inc. (El Puerto, 4,856 8 « 18.06 • 8 » 20.3084 RI66-312. Peder al and Guerra Fields, Lock­ 2,428 8 » 18.05625 » 8 « 20.3047 RI66-312. hart Field, Starr County, Tex.) (RR. District No. 4). 133 14 ...... do______-..... 3,613 8 » «2 16.0488 8 8 H 17.0525 133 15 .-..-do— ...... 5,405 8 D u 16.0488 » 4 12 13 is. 30067 RI70-351-.. Sohio Petroleum 3 7 Tennessee Gas Pipeline Co., a divi­ 8,220 10- 6-69 211- 6-69 4- 6-70 15.6 3 816.6 RI66-276. Co., 970 First sion of Tenneco Inc. (La Reforma .-National Office Pool Field, Starr and Hidalgo Bldg., Oklahoma Counties, Tex.) (R R . District City, Okla. 73102. No. 4). RI70-352. . Sohio Petroleum 72 11 Tennessee Gas Pipeline Co., a divi­ 1,611 10- 6-69 * 11- 0-69 4- 6-70 «16.0 8 « 20.24 Co. (Operator) sion of Tenneco Inc. (Lopeno et al. Field, Zapata County, Tex.) (R R . District No. 4). RI70-353. - Rodney DeLange 3 2 Tennessee Gas Pipeline Co., a divi­ 2,309 10- 1-69 » 11- 1-69 4- 1-70 2» 16.0 • 817.0 (Operator) et al., sion of Tenneco Inc. (Alte Hunde D-304 Petroleum Field, Zapata County, Tex.) Center., San’ (R R . District No. 4). Antonio, Tex. 78209. See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18182 NOTICES

A ppendix A—Continued

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

RI70-354. . Phillips Petroleum 428 8 Tennessee Gag Pipeline Co., a divi­ $23,090 9-30-69 w 11- 1-69 4- 1-70 »15.0 * ‘ 17.5656 Co., Bartlesville, sion of Tenneco Inc. (Sullivan Okla. 74003. City Field, Starr and Hidalgo Counties, Tex.) (R R . District No. 4). RI70-355. . Atlantic Richfield 7 6 Tennessee Gas Pipeline Co., a divi­ 11,352 • 10- 1-69 1811- 1-69 4- 1-70 i* 14.0 ‘ »7 is 17.24347 Co., Post Office sion of Tenneco Inc. (Jake Hamon Box 2819, Dallas, Field, McMullen County, Tex.) Tex. 75221. (R R . District No. 1). RI70-356- . Getty Oil Co., 36 11 United Gas Pipe Line Co. (Baxter- 822 10- 2-69 1« 11- 2-69 4- 2-70 15.0 22 23 15.5 RI64-762. Post Office Box ville Field, 'Lamar and Marion 1404, Houston, Counties, Miss.). Tex. 77001...... do...... 68 7 Southern Natural Gas Co. (Gwin- 13,193 10- 2-69 1« 11- 2-69 4- 2-70 15.0 2« 24 15. 5 RI64-762. ville Field, Jefferson Davis and Simpson Counties, Miss.). RI70-357- . Shell Oil Co. 191 9 Florida Gas Transmission Co. 7,300 10- 1-69. 1« 11- 1-69 4- 1-70 18.0 ‘ 26 18. 5 RI67-418. (Operator) et al., (East White Point Field, San New York, N .Y . Patricio County, Tex.) (RR. 10020. District No. 4). RI70-358- ...... do...... 192 8 Florida Gas Transmission Co. 9,125 10- 1-69 1811- 1-69 4- 1-70 19.0 ‘ 2« 19. 5 RI67-419. (Lochridge Field, Brazoria County, Tex.) (R R . District No. 3)...... do...... 137 6 Tennessee Gas Pipeline Co., a 4,332 «« 9-29-69 » 11- 1-69 4- 1-70 « «714.6548 * * 15.1817 division of Tenneco Inc. (Lacopita Field, Starr County, Tex.) (RR. District No. 4)...... do...... -...... 188 5 Tennessee Gas Pipeline Co., a 17,062 9-29-69 is 11- 1-69 4- 1-70 » 27 14.6548 * ‘ 15.1817 division of Tenneco Inc. (Seeligson Field, Jim Wells County, Tex.) (RR. District No. 4). ____ do...... 201 5 Florida Gas Transmission Co. 6,688 10- 1-69 is a - 1-69 4- 1-70 » 18.0788 « ‘ 18.5809 RI67-429. (East Mustang Island Field, Nueces County, Tex.) (RR. District No. 4)...... do...... 264 4 Florida Gas Transmission Co. 54,986 10- 1-69 1« 11- 1-69 4- 1-70 » 18.0788 » ‘ 19.0831 RI62-509. (Southwest Helen Gohlke Field, Victoria County,. Tex.) (RR. District No. 2). ___ .do...... 261 9 Natural Gas Pipeline Co. of America 6,524 10=-' 1-69 »« 11- 1-69 4- 1-70 2» 17.0638 * ‘ 28 19.0713 RI67-341. (Bryans Mill Field, Cass County,

Tex.) (R R . District No. 6). »Ot> o o ...... do— ...... 236 2 Northern Natural Gas Co. (Wilbur- 7,800 10-10-69 is i_ 1-70 6- 1-70 -, 34 29 30 16. 0 RI65-475. ton Field, Morton County, Kans., 100 . 3 4 30 31 18. 0 RI65-475. and Texas County, Okla.) (Pan­ handle Area)...... do...... 317 4 Panhandle Eastern Pipe Line Co. 4,517 10-10-69 i« 1- 1-70 6- 1-70 «« 17.0 3 4 30 18. 015 RI67-382. (Northwest Oakdale Field, Woods County, Okla) (Oklahoma “Other” Area). RI70-359- .Sun Oil Co., D X 43 32 12 United Gas Pipe Line Co. (Slick- . 10- 6-69 i® 11- 6-69 (Accepted). Division (Opera- 33 13 Wilcox Field, Goliad and De Witt tor) et al., 907 Counties, Tex.) (R R . District 17,872 10- 6-69 1« 11- 6-69 4- 0-70 13.2002 ‘ 34 18.34575 South Detroit No. 2). Ave., Tulsa, Okla. 74120. RI70-360.. R. L. Lynd, Agent 88 8 United Gas Pipe Line Co. (Boyce 10- 8-69 i® 11- 8-69 (Accepted). for Robert Burke Field, Goliad County, Tex.)(RR. Trustee, Post District No. 2). Alice, Tex. 78332. 1 9 3,570 10- 8-69 M i l - 8-69 4- 8-70 13.2002 i M 18.3 RI70-361-.. A. G. Hill, 1401 Elm 8 14 Texas Eastern Transmission Corp. 181 9-29-69 w 11- 1-69 4- 1-70 « 16.67263 St., Dallas, Tex. (Agua Dulee Field, Nueces 75202. County, Tex.) (R R . District No. F- 3). o RI70-362... William Herbert 1 18 Texas Eastern Transmission- Corp. 301 9-29-69 1« 11- 1-69 1 * 16.67263 Hunt, Trust Es­ (North Cottonwood Field, Liber­ tate, 1401 Elm St., ty County, Tex.) (R R . District Dallas, Tex. 75202. No. 3). RI70-363-.. Shell Oil Co. (Oper- 13 14 Iroquois Gas Corp. (Sheridan Field, 231,587 9-29-69 »« 11- 1-69 4- 1-70 » 36 19.0713 ator), 50 West 50 th Colorado County, Tex.) (RR. Dis- St.. New York, trictNo. 3). N .Y. 10020. RI70-364-.. Humble Oil & 244 3 Tennessee Gas Pipeline Co., a divi- 3,211 10- 1-69 1« 11- 1-69 4- 1-70 »«2 15.0563 Refining Co., sion of Tenneco Inc. (North Mag­ Post Office Box nolia City Field, Jim Wells Coun­ 2180, Houston, ty, Tex.) (R R . District No. 4). Tex. 77001. ____ do...... 300 5 Tennessee Gas Pipeline Co., a divi- 75,740 10- 1-69 1« 11- 1-69 4- 1-70 »18.0675 sion of Tenneco Inc. (Northeast Loma Novia and South Lundell Fields, Duval , County, Tex.) (R R . District No. 4)...... do...... 341 7 Tennessee Gas Pipeline Co., a divi- 11,055 10- 1-69 1« 11- 1-69 4- 1-70 *18.0675 sion of Tenneco Inc. (Northeast Kohler et al., Fields, Duval County, Tex.) (R R . District No. 4). ____ do...... 349 2 Natural Gas Pipeline Co., of Amer- 56,211 10- 1-69 i* 11- 1-69 4- 1-70 * »* 16.06 » 117.0638 ica (Willamar and Willamar South­ east Fields, Willacy County, Tex.) (R R . District No. 4)...... do...... 395 4 Tennessee Gas Pipeline Co., a divi- 10,583 10- 1-69 16 i i - 1-69 4- 1-70 • »> 16.06 » ‘ 17.0638 sion of Tenneco Inc. (San Roman Field, Starr County, Tex.) (R R . District No. 4). 359 3 Kansas-Nebraska Natural Gas Co., 29,520 9-29-69 W 11- 1-69 4- 1-70 15.0 « ‘ 16.0 Inc. (Frenchie Draw Field, Fremont and Natrona Counties, Wyo.). See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18183

A ppendix Á —Continued

Effective Cents per Mcf Rate Bate Sup- Amount Date date Date ■ —— ...... - in effect subject to Despondent sched- pie­ Purchaser and producing area of filing unless sus- Docket sus- pended Rate Proposed refund in No. lite ment annual tendered increase pended until— in effect increased rate Dockets No. No. Nos.

« « 19.46 4 39 40 41 25. 172 R 167-39. RI70-365.. Ashland Oil & 80 8 Michigan Wisconsin Pipe Line Co. $4,398 16- 6-69 » 11- 6-69 4- 6-70 Refining Co., Post (Southeast Selling Field, Major Office Box 18695, County, Okla.) (Oklahoma “Other” Oklahoma City, Area). Okla. 73118. ____ 137 8 Michigan Wisconsin Pipe Line Co. 10,060 :10- 6-69 11- 6-69 4- 6-70 40 » 20. 52 3 4 « u 23.035 RI66-371. (Laverne Field, Harper County, Okla.) (Panhandle Area). 4 39 44 23. 635 RI67-124. .do...... -— ' 139 7 El Paso Natural Gas Co. (Clear 763 10- 6-69 w 11-6-69 4- 6-70 « 19.62 Lake Field, Beaver County, Okla.) (Panhandle Area). 22.328 34 40 4i 25. 205 R 164-652. .dò...... 141 4 Panhandle Eastern Pipe Line Co. 6,329 10- 6-69 1« 11- 6-69 4- 6-70 48 43 - (North Knowles Field, Beaver County, Okla.) (Panhandle Area). 3140 « 24.815 RI68-106. .do...... " . 184 4 Michigan Wisconsin Pipe Line Co. 1,001 10- 6-69 w H- 6-69 4- 6-70 48 44 19. 255 (Northeast Selling Field, Major County, Okla.) (Oklahoma “Other” Area); 4 16. 3815 RI69-161. RI70-366.. Placid Oil Co. 30 10 H. L. Hunt,48 (North Lansing Field, 191 9-22-69 w 11- 6-69 4- 1-70 16.1805 3 (Operator) et al., Harrison County, Tex.) (RR. 2500 First Na­ District No. 6). * tional Bank Bldg., Dallas, Tex. 75202. 8 4 48 19. 8 RI70-367,. Edwin L. Cox (Op- 69 2 Natural Gas Pipeline Co. of Amer­ 17,201 10- 8-69 is 1- 1-70 6- 1-70 4818. 7 erator) et al., 3800 ica (Harper County, Okla.) (Pan­ First National handle Area). Bank Bldg., Dallas, Tex. 75202. so 7 Northern Natural Gas Co. (McKee . 10- 6-69 2 11- 6-69 (Accepted) RI70-368-. Diamond Shamrock 3 3 4 28 61 14, 0190 Corp. (Operator), 3 8 Plants, Moore County, Tex.) 86,128 10- 6-69 2 11- 6-69 4- 6-70 28 81 10. 5742 et al., Post Office (RR. District No. 10). Box 631, Amarillo, , V Tex. 79105. 3 4 62 18. 01 R165-337. RI70-369-. Petroleum Inc. 22 3 Panhandle Eastern Pipe Line Co. 1,414 10-6-69 211- 6-69 4- 6-70 17.0 (Operator)'et al., (Beaver County, Okla.) (Pan­ 300 West Douglas, handle Area). Wichita, Kans. 67202. 8419.5 4 83 «4 21. 5 RI65-632. RI70-370.. E .C . Sidwell (Op- 5 9 El Paso Natural Gas Co. (Mocane- 1,253 10-10-69 i« 11-10-69 4-10-70 erator) et ài., Tonkawa Field, Beaver County, Post Office Box Okla.) (Panhandle Area). 2475, Pampa, Tex. 79065. 3416.0 RI70-371.. James A. Ford, 4 65 5 Arkansas Louisiana Gas Co. (North­ 7,300 10- 8-69 211- 8-69 4- 8-70 15.0 d.b.a. Cypress west Cartersville Field, Le Flore Gas Co., Post County, Okla.) (Oklahoma Office Box 9102, “Other” Area). Shreveport, La. 71109. 2« 16. 0 4 28 60 18. 0 RI70-372.. Skelly Oil Co:, 97 2 Natural Gas Pipeline Co. of Amer­ 1,381 10- 6-69 is 11- 6-69 4- 6-70 Post Office Box ica (Southeast Camriek Field, 1650, Tulsa, Okla. Beaver County, Okla.) (Pan­ handle Area). 74102. 28 58 15. 0 4 28 57 58 17. Ó ___ „do...... 106 1 Northern Natural Gas Co. (Schafer, 95,403 10- 6-69 ie 11- 6-69 4-.6-70 Crawford, and Kingsmill Plants, Gray and Carson Counties, Tex.) 4 28 57 59 18. 0 (RR. District No. 10). 80,511 . 28 89 16. 0 7818.275 3 4 78 19.350 do.__...... 188 4 Panhandle Eastern Pipe Line Co., 308 10- 6-69 is 11- 6-69 4- 6-70 (Mouser Field, Texas County, Okla.) (Panhandle Area). 2816.6 4 28 60 18. 0 .do.,.____ "...... 148 3 Natural Gas Pipeline Co. of Amer­ 119 10- 6-69 i« 11- 6-69 4- 6-70 ica (Southeast Camriek Field, Beaver County, Okla.) (Pan­ handle Area). 686 10- 6-69 1« 11- 6-69 4- 6-70 28 16. 6 4 28 60 18. 0 ...... do____...... 152- 2 ____do. 1 ______— ...... 3 4 28 18. 5 3 .... do______412 10- 6-69 1« 11- 6-69 4- 6-70 28 17. 0 .. ..do...... 180 82 18.275 4 61 62 19.350 ...... do______160 2 Panhandle Eastern, Pipe Line' Co. 741 10- 6-69 1« 11- 6-69 4- 6-70 (Mocane Field, Beaver County, Okla.) (Panhandle Area). 28 17. 0 4 28 63 18. 0 ____ do______...... 169 4 Transwestern Pipe Line Co. (Bea­ 707 10- 6-69 1811- 6-69 4- 6-70 ver and Cimarron Counties, Okla.) (Panhandle Area). 84 18.33 3 28 64 19. 33 .....d o ...... 179 1 Arkansas Louisi ana Gas Co. (Chen- 112 10- 6-69 18 11- 6-69 4- 6-70 iere Brake Field, Ouachita Par­ ish, La.) (North Louisiana Area). 2816.4 4 28 65 18.0 .....d o ...... —...... 146 3 Kansas-Nebraska Natural Gas Co., 1,881 10- 6-69 1« 11- 6-69 4- 6-70 Inc. (Camriek Field, Texas Coun­ ty, Okla.) (Panhandle Area)- 80 «718.275 4 30 66 67 19. 8875 - do: ...... 189 2 Michigan Wisconsin Pipe Line Co. 1,006 10- 6-69 18 11- 6-69 4- 6-70 (Laverne Field, Harper County, Okla.) (Panhandle Area). M 88 18.275 3 4 30 68 19. 350 ...... do...... 194 3 Colorado Interstate Gas Co. (Mo­ 487 10- 6-69 1« 11- 6-69 4- 6-70 cane Field, Beaver County, Okla.) (Panhandle Area). 16.8 4 88 17. 5 RI60-253...... do...... 1 7 Lone Star Gas Co. (Velma Plant, 32,749 10- 6-69 is 11- 7-69 4- 7-70 Stephens County, Okla.) (Pan­ handle Area). 28 70 18. 25 8 23 28 70 19. 25 ...... do...... 196 2 Texas Gas Transmission Corp. 176 10- 6-69 i» 11- 6-69 4- 6-70 (Northwest Cotton Valley Field, Webster Parish, La.) (North Lou­ isiana Area). 28 14.6936 38» 15.7674 RI66-127. RI70-373.. Hunt Oil Co., 1401 26 8 Tennessee Gas Pipeline Co., a divi­ 54 9-29-69 1« 11- 1-69 4- 1-70 Elm St., Dallas, sion of Tenneco Inc. (Bethany Tex. 75202. Field, Panola County; Tex.) i (RR. District No. 6). 8 ____ do______50 9- 26-69 » 11- 1-69 4- 1-70 »14.7501 » 4 » 15.7674 RI66-127...... do...... 11 a 4 28 is. o RI70-374— Skelly Oil Co. (Oper- 185 1 Northern Natural Gas Co. (Beaver 1,238 10- 6-69 » 11- 6-69 4- 6-70 »17.0 County, Okla.) (Panhandle Area). a tor) et aL 80 72 18. 7 4 son 7219.8 RI70-375.. Edwin L. Cox., 3800 71 2 Natural G as Pipeline Co. of America 689 10- 8-69 » 1- 1-70 6- 1-70 First National (Texas County, Okla.) (Panhandle ' Bank Bldg., Dallas, Area). Tex. 75202. See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18184 NOTICES

A ppendix A —Continued

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

RI70-376-. Hassle Hunt Trust 30 78 5 El Paso Natural Gas Co. (Hokit- 12,208 9-26-69 4811- 1-69 4— 1-70 18.3105 8 419.3278 RI69-552. (Operator) et al., North Ellenburger Field, Pecos 1401 Elm St., Dallas, • County, Tex.) (RR. District No. Tex. 75202. 8) (Permian Basin Area). RI70-377. . George Jackson, 10 75 76 6 Equitable Gas Co. (Otter District, 586 10- 8-69 211- 8-69 4- 8-70 25.0 84 74 27.0 Post Office Box Braxton County, W. Va.). 351, Clarksburg, W. Va. 26301. RI70-402-.. Sun Oil Co., D X 150 14 Natural Gas Pipeline Co. of America 19,759 10- 6-69 4812-30-69 5-30-70 28 77 16. 25 8 4 28 77 17. 31375 RI68-444. Division, 907 (Wise County Area, Jack, Wise, South Detroit and Parker Counties, Tex.) (R R . Ave., Tulsa, District No. 9). Okla. 74120.

2 The stated effective date is the first day after expiration of the statutory notice. 44 Includes base rate of 23 cents plus tax reimbursement and 0.62 cent paid by buyer 3 Periodic rate increase. for liquids. 4 Pressure base is 14.65 p.s.i.a. 45 Includes base rate of 19 cents plus .62 cents paid by buyer for liquids. 3 Includes the Texas tax increase on which separate action is being taken. 48 Includes base rate of 17.9 cents plus tax reimbursement and upward B.t.u. 6 No current production. adjustment. 2 Tax change, from 18 cents to 18.0675 cents, will be suspended for 1 day from 47 Hunt processes the gas and resells it under its FPC Gas Rate Schedule No. 4 to Oct. 1,1969. Texas Eastern Transmission Corp. at a rate of 16.67263 cents effective subject to 8 El Puerto Field gas. refund in Docket No. RI69-160. Hunt has filed its related increase to 16.87350 cents 8 Pedemal Field gas. which has been suspended in Docket No. RI70-334. 10 Guerra Field gas. 48 Placid, the seller, is a subsidiary of the buyer, H. L. Hunt. 11 Lockhart Field gas (to 4,000 feet). 48 includes base rate of 17 cents plus 1.7 cents upward B.t.u. adjustment (1,110 B.t.u. 12 Tax change, from 16 cents to 16.0488 cents, will be suspended for 1 day from gas) before increase and base rate of 18 cents plus 1.8 cents upward B.t.u. adjustment Oct. 1,1969. after increase. Base rate subject to upward and downward B.t.u. adjustment. « Lockhart Field gas (4,000 feet to 4,800 feet). i 50 Contract Amendment dated Sept. 26, 1969, provides for increased rate and 44 Periodic increase from initial In-Line rate to'contractually provided for rate. increases compression charge paid by buyer to seller from 0.5 cent to 1 cent per Mcf. 15 Initial In-Line rate per Opinion Nos. 422 and 478. 84 Include 0.5-cent compression charge paid by buyer before increase and 1-cent 1» The stated effective date is the effective date requested by Respondent. compression charge after increase. 47 Favored-nation rate increase. 52 Includes 0.01-cent tax reimbursement. 48 Does not include reimbursement for Oct. 1,1969, tax increase. 83 “Fractured” rate increase. Respondent contractually due 25 cents periodic 48 Settlement rate as approved by Commission Order issued Oct. 8,1964,in Dockets increased rate. Nos. G-9283 and G-9284 et al. 84 Subject to a maximum upward B.t.u. adjustment of 0.95 cent per Mcf or a pay­ 28 Settlement rate as approved by Commission Order issued Mar. 7,1968, in Dockets ment for liquid hydrocarbons. Rate shown does not include such adjustments. Nos. CI65-974 et al. , 88 Applicable to acreage added by Supplement No. 4. 24 Initial rate. 88 Ten-step periodic increase. 22 “ Fractured” rate increase. Contractually entitled to base rate of 20 cents per Mcf. 87 Two-step periodic increase. 28 Pressure base is 15.025 p.s.i.a. 88 Schafer Plant gas. 24 “ Fractured” rate iricrease. Contractually entitled to base rate of 22 cents per Mcf. 88 Crawford and Kingsmill Plants gas. 25 From fractured rate to contractually provided for periodic. 84 “Fractured” rate increase. Respondent contractually due 22 cents per Mcf. 28 Corrected by filing submitted Oct. 13,1969. 82 Includes base price of 17 cents plus upward B.t.u. adjustment before increase 27 Tax increase from 14.6 cents to 14.6548 cents will be suspended for 1 day from and base rate of 18 cents plus upward B.t.u. adjustment. Base price subject to upward Oct. 1,1969. and downward B.t.u. adjustment. 28 Subject to a downward B.t.u. adjustment. 83 “Fractured” rate increase. Respondent contractually due 26 cents per Mcf. 28 Applicable to formations below the Chase Group of the Wolfcamp Series and 84 Includes 1.333-cent tax reimbursement. above the Top of the Morrowan Series. 88 Eight-step periodic increase. 80 Subject to upward and downward B.t.u. adjustment. 68 “Fractured” rate increase. Respondent contractually due 19.5 cents per Mcf. 34 Applicable to formations below the Top of the Morrowan Series. 87 Includes base rate of 17 cents plus upward B.t.u. adjustment before increase and 82 Amendment dated Sept. 22,1969, which provides for the proposed rate increase. base rate of 18.5 cents plus upward B.t.u. adjustment after increase. 38 As corrected by filing submitted Oct. 16,1969. 88 Includes base rate of 17 cents plus upward B.t.u. adjustment before increase and 84 Renegotiated rate increase. base rate of 18 cents plus upward B.t.u. adjustment after increase. 88 Amendment dated July 7,1969, which provides for the proposed rate increase. 88 “Fractured” rate increase. Respondent contractually due periodic increase to 88 Tax increase from 19 cents to 19.0713 cents will be suspended for 1 day from Oct. 1, 19.5 cents per Mcf. 1969. 78 Includes 1.75 cent tax reimbursement. 37 Tax increase from 14.6 cents to 14.6548 cents will be suspended for 1 day from 74 Filing from initial certificated rate to initial contract rate. Oct. 1, 1969. 72 Includes base rate of 17 cents plus upward B.t.u. adjustment before Increase 88 Tax increase from 16 cents to 16.06 cents will be suspended for 1 day from Oct. 1, and 18 cents plus upward B.t.u. adjustment after increase. 1969. 73 Tax increase has been filed. 88 Filing from fractured rate to first periodic increase. 74 Pressure base is 15.325 p.s.i.a. 40 Base rate subject to upward and downward B.t.u. adjustment. 78 Pertains only to new gas delivered after Feb. 1,1969, from new wells or old wells 44 Includes base rate of 22 ¡cents plus tax reimbursement and upward B.t.u. that have been deepened or worked over. adjustment. 78 Includes letter from buyer providing for increased rate. 42 Includes base rate of 16.89 cents plus tax reimbursement and upward B.t.u. 77 Includes 0.25-cent dehydration charge paid by buyer. adjustment. 78 Includes base rate of 17 cents plus upward B.t.u. adjustment before increase and 43 Includes base rate of 19.5 cents plus upward B.t.u. adjustment. base price of 18 cents plus upward B.t.u. adjustment after increase. Base price subject to upward and downward B.t.u. adjustment. Sun Oil Co., Sohio Petroleum Co., and which is effective subject to refund in Docket Concurrently with the filing of their rate Sohio Petroleum Co. (Operator) et al., re­ No. RI69-160. Hunt has filed its related in­ increases, Sun Oil Co., D X Division (Oper­ quest that their proposed rate increases be crease to 16.87350 cents per Mcf which is sus­ ator) et aL (S u n ), R. L. Lynd, Agent for permitted to become effective on November pended for 5 months from November 1, 1969, Robert Burke Trustee (Lynd), and Diamond 1, 1969, the contractually provided effective in Docket No. RI70-334. Placid’s proposed rate Shamrock Corp. (Operator) et al. (Dia­ date. Petroleum, Inc. (Operator) et al., re­ increase exceeds the area rate ceiling of 14 mond), each submitted a contract amend­ quests an effective date of November 4, 1969. cents for Texas Railroad District No. 6 . ment 79 which provides the basis for their James A. Ford doing business as Cypress Since Hunt’s proposed related rate increase proposed rate increases. We believe that it Gas Co. requests an effective date of Novem­ has been suspended for 5 months from it would be in the public interest to accept ber 6 , 1969, and George Jackson requests a November 1, 1969, we conclude that Placid’s the aforementioned producers’ contract retroactive effective date of September 25, proposed rate increase should be suspended amendments to become effective on the dates 1969, for his proposed rate increase. Good for 5 months from November 1, 1969. shown in the “Effective Date” column listed cause has not been shown for waiving the All of the producers’ proposed increased above, but not the proposed rates contained 30-day notice requirement provided in sec­ rates and charges exceed the applicable area therein which are suspended as ordered tion 4(d) of the Natural Gas Act to permit price levels for increased rates as set- forth herein. earlier effective dates for the aforemen­ in the Commission’s statement of general [F.R. Doc. 69-13333; Filed, Nov. 12, 1969; tioned producers’ rate filings and such policy No. 61-1, as amended (18 CFR Chap­ requests are denied. ter I, Part 2, section 2.56), with the exception 8:45 a.m.] Placid Oil Co. (Operator) et al. (Placid), of the rate increase filed by Hassle Hunt proposes a rate increase from 16.1805 cents Trust (Operator) et al., in the Permian 79 Designated as Supplement No. 12 to to 16.3815 cents per Mcf for a sale for resale Basin Area which exceeds the just and Sun’s FPC Gas Rate Schedule No. 43. to H. L. H unt (H u n t). Hunt processes and re­ reasonable rate established by the Com­ Designated as Supplement No. 8 to Lynd’s sells the gas under its FPC Gas Rate Schedule mission in Opinion No. 468, as amended, FPC Gas Rate Schedule No. 1. No. 4 to Texas Eastern Transmission Corp. at and should.be suspended for 5 months as Designated as Supplement No. 7 to Dia­ a present effective rate of 16.67263 cents ordered herein. mond’s FPC Gas Rate Schedule No. 3.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18185

LANDS WITHDRAWN IN PROJECT T. 7 S., R. 32 E., T. 5 N., R. 15 W „ Secs. 4, 25. Secs. 5, 6, 7. NO. 134 T. 7 S., R. 33 E.. T. 6 N., R. 15 W., Sec. 30. Secs. 11, 12, 14, 15, 22, 23, 27, 33, 34. Order Vacating Withdrawals Under T. 8 S., R. 33 E., T. 5 N., R. 16 W., Section 24 of the Federal Power Act Secs. 5,17,20,28,33. Secs. 11, 12, 13, 14, 24. T. 9 S., R. 33 E„ N ovember 4,1969. [FJt. Doc. 69-13440; Filed, Nov. 12, 1969; Secs. 2, 11, 14, 23, 25, 26, 31, 32, 33, 34, 8:47 a.m.] Pursuant to the filing on December 23, 35.36. 1920, and supplements thereto, by the T. 10 S., R. 33 E., city of Los Angeles, Calif. (City) of an Secs. 1,12,13,24,25. [Docket No. G—2712 etc.] application for license for a then uncon­ T. 10 S., R. 34 E., Secs.‘30, 31. CITIES SERVICE CO., ET AL. structed transmission line system, desig­ T. 11 S„ R. 34 E„ nated as Project No. 134, portions Secs. 6, 7,18,19, 29, 30, 32. Findings and Order After (totaling about 3,942 acres) of lands of T. 12 S., R. 34 E„ Statutory Hearing the United States listed in the attach­ Secs. 5, 8, 9,21,27,28, 34. ment hereto were withdrawn under sec­ T. 13 S., R. 34 E„ O ctober 23,1969. tion 24 of the Federal Power Act. Secs. 1, 2,12,13. Cities Service Company (Operator), Commission notices of the withdrawals T. 13 S., R. 35 E., et al., and other Applicants listed herein, were given to the General Land Office Secs. 18,19,29, 30,32. T. 14 S., R. 35 E., Docket No. G-2712, et al.; Sun Oil Com­ (now Bureau of Land Management) by Secs. 5, 8, 9, 21, 27, 28, 34. pany (DX Division) (successor to Viersen letters dated March 22 and September 29, T. 15 S„ R. 35 E., & Chochran) Docket No. CI70-10 (G - 1922, respectively. Secs. 3,11,14, 23, 24, 25,36. 10690) Docket No. RI65-339. Project No. 134 was to have consisted T. 15 S„ R. 36 E„ In the findings and order after statu­ of a transmission system extending Sec. 31. tory hearing issuing certificates of public from the Owens River Gorge to the City, T. 16 S„ R. 36 E., convenience and necessity, amending a distance of 270 miles. However, the City Secs. 17, 20, 28, 29, 33. orders issuing certificates, permitting withdrew its filings for license, having T. 17 S., R. 36 E., Secs. 3, 10, 11, 14, 17, 18, 20, 21, 22, 23, and approving abandonment of service, obtained Congressional authorization to 26.27.35.36. terminating certificates, substituting construct under the Act of June 30, T. 18 S., R. 36 E., respondents, making successors co­ 1906 (34 Stat. 801), as amended by the Secs. 1,12,13, 24, 25, 36. respondents, redesignating proceedings, Act of June 5, 1920 (41 Stat. 983). Fol­ T. 19 S., R. 36 E., making rate change effective accepting lowing such Congressional authorization, Secs. 1, 2,11,12,13,14, 24, 25. agreements and undertakings for filing, the Commission on May 23, 1925 (Fifth T. 31 S., R. 36 E., accepting surety bond for filing, requir­ Secs. 24, 36. Annual Report, p. 142) vacated the ing filing of agreements and undertak­ withdrawals for Project No. 134 (and T. 32 S., R. 36 E„ Secs. 2, 10, 16, 20, 32. ings, and accepting related rate other withdrawals in connection with the T. 19 S., R. 37 E„ schedules and supplements for filing, is­ City’s Aqueduct System) to the extent Secs. 30, 31. sued October 9, 1969, and published in necessary to enable the City to avail1 T. 20 S., R. 37 E., the F ederal R egister October 21, 1969 itself of the Congressional authorization. Secs. 5, 6, 7, 8,17, 20, 28, 29, 33. (34 F.R. 17080), on page 17081, 1st The Commission’s action was to become T. 21 S., R. 37 E., column, 15th line: Change Docket No. effective upon the action of the Depart­ Secs. 3, 10, I f, 14, 23, 26, 35. “ RI65-539” to read Docket No. “ RI65- ment ofthe Interior as authorized under T. 22 S., R. 37 E., Secs. 1, 2, 12, 13, 24, 25, 36. 339”. On page 17081, paragraph (16), the Congressional acts. On March 14, T. 28 S., R. 37 E., 4th line: Change Docket No. “RI65-539” 1933 the Department of the Interior ap­ Secs. 1, 12, 13,14, 23, 26, 27, 34. to read Docket No. “ RI65-339” . On page proved right-of-way Los Angeles 035753 T. 29 S., R. 37 E„ . 17083, paragraph (U), 3d line: Change covering the Owens River Gorge—Los Secs. 2, 3, 10, 15, 16, 21, 28, 33. Docket No. “RI65-539” to read Docket Angeles transmission system. T. 30 S., R. 37 E., No. “RI65-339”. The limiting language used in the Secs. 4, 16, 21, 22, 28, 32. Commission’s 1925 order has resulted in T. 31 S., R. 37 E., G ordon M . G rant, Secs. 5, 6, 7, 18. Secretary. problems for the Bureau of Land Man­ T. 22 S., R. 38 E., agement and others as to the effect of Sec. 31. [F.R. Doc. 69-13441; Filed, Nov. 12, I960; the Commission’s action. Complete vaca­ T. 23 S„ R. 38 E., 8:47 a jn .] tion of the withdrawals for Project No. Secs. 6, 7, 18, 19, 20, 29, 32. T. 24 S., R. 38 E., 134 would in no way affect any other [Docket No. RI70-226 etc.] power withdrawals pertaining to the Secs. 4, 5, 9, 21, 28, 33. subject lands and, further, would serve T. 25 S., R. 38 E., DIXILYN CORP. ET AL. to clarify the public land records Secs. 3, 15, 22, 27, 34. T. 26 S., R. 38 E., Order Providing for Hearing on and involved. Secs. 3,10, 15, 22, 27, 33, 34. The Commission finds: The with­ T. 27 S.( R. 38 E., "Suspension of Proposed Changes in drawals for Project No. 134 serve no Secs. 4, 8, 9, 17, 19, 20, 30, 31. Rates, and Allowing Rate Changes useful purpose and should be vacated in T. 28 S., R. 38 E„ To Become Effective Subject to Sec. 6. their entirety. Refund 1 The Commission orders: The with­ Sa n Bernard ino M er id ian , Ca lif o r n ia drawals of the subject lands pursuant S eptember 23, 1969. to the filings for Project No. 134 are T. 11 N., R. 12 W., The Respondents named herein have hereby vacated. Secs. 8, 18. T. 12 N., R. 12 W., filed proposed changes in rates and By the Commission. Sec. 32. charges of currently effective rate sched­ T. 10 N., R. 13 W., ules for sales of natural gas under Com­ [ seal] G ordon M . G rant, Sec. 16. mission jurisdiction, as set forth in Secretary. T. 11 N„ R. 13 W., Appendix A hereof. Sec. 36. P roject No. 134-C alifornia The proposed changed rates and T. 6 N., R. 14 W., Cit y of Los Angeles Secs. 5, 7. charges may be unjust, unreasonable, T. 7 N., R. 14 W., unduly discriminatory, or preferential, or Mou nt Diablo Meridian, California Secs. 28, 33. otherwise unlawful. T. 6 S„ R. 31 E., T. 9 N„ R. 14 W.. Secs. 3,10,14,15, 23,24, 25. Sec. 36. T- 6 S„ R. 32 E., T. 4 N., R. 15 W., 1 Does not consolidate for hearing or dispose Sec. 30. Sec. 30. of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------5 18186 NOTICES

The Commission finds: It is in the become effective subject to refund on the (C) Until otherwise ordered by the public interest and consistent with the date and in the manner herein prescribed Commission, neither the suspended sup­ Natural Gas Act that the Commission if within 20 days from the date of the plements, nor the rate schedules sought enter upon hearings regarding the law­ issuance of this order Respondents shall to be altered, shall be changed until dis­ fulness of the proposed changes, and that each execute and file under its above- position of these proceedings or expira­ the supplements herein be suspended and designated docket number with the Sec­ tion of the suspension period. their use be deferred as ordered below. retary of the Commission its agreement (D) Notices of intervention or peti­ The Commission orders: and undertaking to comply with the tions to intervene may be filed with the (A) Under the Natural Gas Act, par­ refunding and reporting procedure Federal Power Commission, Washington, ticularly sections 4 and 15, the regula­ required by the Natural Gas Act and D.C. 20426, in accordance with the rules tions pertaining thereto (18 CFR Ch. I), § 154.102 of the regulations thereunder, of practice and procedure (18 CFR 1.8 and the Commission’s rules of practice accompanied by a certificate showing and 1.37(f)) on or before November 14 and procedure, public hearings shall be service of copies thereof upon all pur­ 1969. held concerning the lawfulness of the chasers under the rate schedule involved. proposed changes. Unless Respondents are advised to the By the Commission. (B) Pending hearings and decisions contrary within 15 days after the filing [ s e a l ] G o r d o n M . G rant, thereon, the rate supplements herein are of their respective agreements and Secretary. suspended and their use deferred until undertakings, such agreements and date shown in the “Date Suspended filed by a producer, then It will not be nec­ undertakings shall be deemed to have Until” column, and thereafter until made essary for that producer to file an agreement effective as prescribed by the Natural Gas been accepted.2 and undertaking as provided herein. In such Act: That the sup­ circumstances the producer’s proposed in­ Provided, however, creased rate will become effective as of the plements to the rate schedules filed by 3 If an acceptable general undertaking, as expiration of the suspension period without Respondents, as set forth herein, shall provided in order No. 377, has previously been any further action by the producer.

A ppendix A

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

RI76-226-.. Dixilyn Corp., Post Office »1 2 Sep Robin Pipeline • Co. (Block 15 $10,800 8-26-69 4 0-26-69 «9-27-69 8 8 w 18.6 87820.0 Box 3427, Odessa, Tex. Field, South Marsh Island Area, 79760. Offshore Louisiana)...... do...... « 2 2 Sep Robin Pipeline Co. (Block 16 43,200 8-26-69 49-26-69 * 9-27-69 8 8 4818.5 8 7 8 20.0 Field, South Marsh Island Area, Offshore Louisiana). EI70-227-.. TransOcean Oil, Inc., 1700 1* 20 1 Trunkline Gas Co. (South Timbalier 5,220 8-26-69 4 9-26-69 « 9-27-769 8 8 4818.5 6 7 8 20.0 Houston Natural Gas Blocks 179 and 187, Offshore Louisi­ Bldg., Houston Tex. ana). 77002. RI70-228-.. Skelly Oil Co., Post Office 17 242 1 Texas Eastern Transmission Corp. 40,500 8-27-69 4 9-27-69 »9-28-69 8 8 4418.5 8 7 8 20.0 Box 1650, Tulsa, Okla. (Block 6 Field, Main Pass Area, 74102. Offshore Louisiana). RI70-229-. Union Carbide Petroleum 18 2 1 Trunkline Gas Co. (South Timbalier 15,000 8-27-69 4 9-27-69 «9-28-69 8 8 48 18.5 8 78 20.0 Corp., 270 Park Ave., Blocks 179 and 187, Offshore Louisi­ New York, N .Y . 10017. ana).

* Contract dated Nov. 4,1969. 11 Contract dated Nov. 4,1969. 4 The stated effective date is the first day after expiration of the statutory notice, Initial rate as conditioned by temporary certificate issued Aug. 1,1969, in Docket or date of initial delivery, whichever is later. No. CI69^13. 4 The suspension period is limited to 1 day. 48 Initial rate as conditioned by temporary certificate issued July 7, 1969, in Docket 8 Hate increase filed pursuant to paragraph (A) of Opinion No. 646-A issued March No. CI69-825. < , . 20,1969. 14 Initial rate as conditioned by temporary certificate issued Aug. 1,1969, in Docket i Pressure base is 15.025 p.s.i.a. • . No. CI69-1240. 8 Subject to quality adjustments. 15 Initial rate as conditioned by temporary certificate issued July 7,1969, in Docket 8 Area base rate for gas well gas sold under contracts dated after Oct. 1, 1968, as No. CI69-858. established in Opinion No. 546. 18 Contract dated Nov. 27,1968. » Initial rate as conditioned by temporary certificate issued Aug. 1,1969, in Docket » Contract dated June 16,1969. No. CI69-912. 18 Contract dated Nov. 27, 1968. Dixilyn Corp. and Trans Ocean Oil, Inc., re­ ing paragraph (A) of Opinion No. 546-A Deliveries of gas have not as yet commenced quest waiver of the statutory notice to per­ which lifted the indefinite moratorium im­ thereunder. mit their proposed rate increases to become posed in Opinion No. 546 as to sales of off­ Consistent with previous Commission ac­ effective as of August 26, 1969. Union Carbide shore gas well gas under contracts entitled to tion on similar rate filings, we conclude that Petroleum Corp. requests that its proposed a third vintage price (18.5 cents as adjusted the producers’ proposed rate increases should rate increase be permitted to become effective for quality) and permitted such producers be suspended for 1 day from the date of ex­ as of September 25, 1969. Good cause has not to file for contractually authorized increases piration of the statutory notice, or for 1 day been shown for waiving the 30-day notice up to the 20 cents base rate established in from the date of initial delivery, whichever is requirement provided in section 4(d) of the Opinion No. 546 for onshore gas well gas. The later. Thereafter, the producers’ proposed in­ creased rates may be placed in effect subject Natural Gas Act to permit earlier effective producers involved herein were issued condi­ dates for the aforementioned producers’ rate to refund under the provisions of section 4(e) filings and such requests are denied. tioned temporary certificates authorizing the of the Natural Gas Act pending the outcome These five proposed rate increases, from collection of the third vintage prices estab­ of the Area Rate Proceeding instituted in 18.5 cents to 20 cents per Mcf, involve sales lished in Opinion No. 546 (18.5 cents for off­ Docket No. AR69-1. of third vintage gas well gas in Offshore shore gas well gas and 17 cents for casing­ [P.R. Doc. 69-13479; Piled, Nov. 12, 1969; Louisiana and were filed pursuant to order­ head gas subject to quality adjustments). 8:49 a.m.l

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18187

[Docket No. CP70-110] unnecessary for Applicant to appear or million. Applicant requests that the cost be represented at the hearing. limitation set forth in section 2.58(a) of humble g a s TRANSMISSION CO. the Commission’s general policy and G o r d o n M. G r a n t , interpretations be waived to permit the Notice of Application Secretary. expenditure of up to $750,000 for facili­ N o vem ber 5, 1969. [F.R. Doc. 69-13442; Filed, Nov. 12, 1969; ties for any single project. The proposed Take notice that on October 27, 1969, 8:47 a.m.] facilities will be financed with funds on Humble Gas Transmission Co. (Appli­ hand. cant), 1700 Commerce Building, New [Docket No. 0-3072 etc.] Any person desiring to be heard or to Orleans, La. 70112, filed in Docket No. make any protest with reference to said CP70-110 an application pursuant to sec­ HUMBLE OIL & REFINING CO. ET AL. application should on or before Decem­ ber 1, 1969, file with the Federal Power tion 7(0 of the Natural Gas Act and Findings and Order After Statutory § 157.7(b) of the regulations thereunder Commission, Washington, D.C. 20426, a for a certificate of public convenience Hearing petition to intervene or a protest in and necessity authorizing the construc­ O ctober 23, 1969. accordance with the requirements of the Commission’s rules of practice and pro­ tion during the calendar year 1970 and In the findings and order after statu­ the operation of facilities to enable Ap­ cedure (18 CFR 1.8 or 1.10) and the tory hearing issuing certificates of pub­ regulations under the Natural Gas Act plicant to take into its certificated main lic convenience and necessity, dismiss­ pipeline system natural gas which will (18 CFR 157.10). All protests filed with ing applications, amending orders issu­ the Commission will be considered by be purchased from producers thereof, all ing certificates, permitting and approv­ as more fully set forth in the application it in determining the appropriate action ing abandonment of service, terminating to be taken but will not serve to make which is on file with the Commission certificates, terminating proceedings, and open to public inspection. the protestants parties to the proceed­ making successors co-respondents, sub­ ing. Any person wishing to become a The purpose of this budget-type appli­ stituting respondents, redesignating pro­ cation is to augment Applicant’s ability party to a proceeding or to participate ceedings, making rate changes, effective, as a party in any hearing therein must to act with reasonable dispatch in con­ accepting surety bonds for filing, requir­ tracting for and connecting to its pipe­ file a petition to intervene in accordance ing filing of agreement and undertaking, with the Commission’s rules. line system additional supplies of natural and accepting related rate schedules and gas in areas generally coextensive with Take further notice that, pursuant to supplements for filing, issued September the authority contained in and subject said system. 4, 1969, and published in the F ederal The application states that the total to the jurisdiction conferred upon the R eg ist e r September 17, 1969 (34 F.R. cost of all facilities will not exceed $200,- Federal Power Commission by sections 7 14489), on page 14494, 3d column; and 15 of the Natural Gas Act and the 000, and that the total cost of facilities Change field and location to read “ Acre­ for any single project will not exceed Commission’s rules of practice and pro­ age in Woods County, Oklahoma” in lieu cedure, a hearing will be held without $50,000. The proposed facilities will be of “ South Peek Field, Roger Mills Coun­ financed with working funds. further notice before the Commission on ty, Oklahoma” . this application if no petition to inter­ Any person desiring to be heard or to G o r d o n M. G r a n t , vene is filed within the time required make any protest with reference to said Secretary. application should on or before Decem­ herein, if the Commission on its own [F.R. Doc. 69-13443; Filed, Nov. 12, 1969; review of the matter finds that a grant ber 1, 1969, file with the Federal Power 8:47 a.m.] Commission, Washington, D.C. 20426, a of the certificate is required by the pub­ petition to intervene or a protest in ac­ lic convenience and necessity. If a peti­ cordance with the requirements of the [Docket No. CP70-108] tion for leave to intervene is timely filed, Commission’s rules of practice and pro­ or if the Commission on its own motion cedure (18 CFR 1.8 or 1.10) and the regu­ NATURAL GAS PIPELINE COMPANY believes that a formal hearing is re­ lations under the Natural Gas Act (18 OF AMERICA quired, further notice of such hearing will be duly given. CFR 157.10). All protests filed with the Notice of Application Commission will be considered by it in Under the procedure herein provided determining the appropriate action to be N o v em ber 5, 1969. for, unless otherwise advised, it will be taken but will not serve to make the Take notice that on October 27, 1969, unnecessary for Applicant to appear or Protestants parties to the proceeding. Natural Gas Pipeline Company of be represented at the meeting. Any person wishing to become a party to America (Applicant}, 122 South Michi­ G o r d o n M. G r a n t , a proceeding or to participate as a party gan Avenue, Chicago, 111. 60603, filed in Secretary. in any hearing therein must file a peti­ Docket No. CP70-108 an application pur­ [F.R. Doc. 69-13444; Filed, Nov. 12, 1969; tion to intervene in accordance with the suant to section 7(c) of the Natural Gas 8:47 a.m.] Commission’s rules. Act and § 157.7(b) of the regulations Take further notice that, pursuant to thereunder for a certificate of public the authority contained in and subject to convenience and necessity authorizing [Docket No. CP70-109] the jurisdiction conferred upon the Fed-“ the construction during the calendar UNITED GAS PIPE LINE CO. eral Power Commission by sections 7 and year 1970 and the operation of facilities 15 of the Natural Gas Act and the Com­ to enable Applicant to take into its cer­ Notice of Application mission’s rules of practice and procedure, tificated main pipeline system natural a hearing will be held without further gas which will be purchased from pro­ N ovember 5, 1969. notice before the Commission on this ap­ ducers thereof, all as more fully set forth Take notice that on October 27, 1969, plication if no petition to intervene is in the application which is on file United Gas Pipe Line Co. (Applicant), filed within the time required herein, if with the Commission and open to public 1500 Southwest Tower, Houston, Tex. the Commission on its own review of the inspection. 77002, filed in Docket No. CP70-109 an matter finds that a grant of the certifi­ The purpose of this budget-type appli­ application pursuant to section 7(c) of cate is required by the public convenience cation is to augment Applicant’s ability the Natural Gas Act for a certificate of and necessity. If a petition for leave to to act with reasonable dispatch in con­ public convenience and necessity au­ intervene is timely filed, or if the Com­ tracting for and connecting to its pipe­ thorizing the delivery of increased quan­ mission on its own motion believes that a line system additional supplies of natural tities of natural gas to Gulf Power Co. formal hearing is required, further no­ gas in areas generally coextensive with (Gulf Power) near Pensacola, Fla., and tice of such hearing will be duly given. said system. the construction and operation of cer­ Under the procedure herein provided The application states that the total tain facilities required therefor, all as for, unless otherwise advised, it will be cost of all facilities will not exceed $3 more fully set forth in the application

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18188 NOTICES which is on file with the Commission gan Power Co. (correspondence to: J. K. Act of 1968 (82 Stat. 236; 18 U.S.C., and open to public inspection. Babbitt, Vice President and General Appendix) because of such conviction it Applicant proposes to construct and Manager, Wisconsin Michigan Power Co., would be unlawful for Mr. Morgan, to operate approximately 2.7 miles of 10- 807 South Oneida Street, Appleton, Wis. receive, possess, or transport in com­ inch pipeline from the Escambia Chemi­ 54911) for approval of an Exhibit R for merce a firearm. Notice is hereby further cal Corp. Line to Gulf Power Delivery the Weyauwega Project No. 2550, located given that I have considered William A. Station No. 2 to augment its ability to on Waupaca River in Waupaca County, Morgan’s application and have found: supply the additional fuel requirements Wis., adjacent to the city of Weyauwega. Exhibit R lists the following recrea­ (1) The conviction was made upon a of Gulf Power necessitated by the instal­ charge which did not involve the use of lation of additional electric generating tional development at the project: (1) A city-owned swimming beach and pic­ a firearm or other weapon or a violation capacity. Applicant requests authoriza­ of chapter 44, title 18, United States tion to deliver an additional 84,000 Mcf nic area; (2) a city-owned boat landing area that also has playground equip­ Code, or of the National Firearms Act; of natural gas from March through Oc­ and tober to Gulf Power for this purpose. ment; (3) a second boat landing; and (4) a privately owned park open to the (2) It has been established to my sat­ The total estimated cost for the pro­ isfaction that the circumstances regard­ posed facilities is $386,688; public. The exhibit states that Wisconsin Michigan Power Co. owns no land on ing the conviction, and the applicant’s Any person desiring to be heard or to record and reputation, are such that the make any protest with reference to said the reservoir except the area occupied by the dam and powerhouse. No additional applicant will not be likely to act in a application should on or before Decem­ manner dangerous to public safety, and ber 1, 1969, file with the Federal Power recreational development is planned. Any person desiring to be heard or to that the granting of the requested relief Commission, Washington, D.C. 20426, a to William A. Morgan from disabilities petition to intervene or a protest in ac­ make any protest with reference to said application should on or before Decem­ incurred by reason of his conviction, cordance with the requirements of the would not be contrary to the public Commission’s rules of practice and pro­ ber 24, 1969, file with the Federal Power Commission, Washington, D.C. 20426, interest. cedure (18 CFR 1.8 or 1.10) and the regu­ It is ordered, Pursuant to the author­ lations under the Natural Gas Act (18 petitions to intervene or protests in ac­ cordance with the requirements of the ity vested in the Secretary of the Treas­ CFR 157.10). All protests filed with the ury by section 925(c), of title 18, United Commission will be considered by it in Commission’s rules of practice and pro­ cedure (18 CFR 1.8 or 1.10). All protests States Code and delegated to me by the determining the appropriate action to be regulations in Title 26, Part 178, Code of taken but will not serve to make the Pro­ filed with the Commission will be con­ sidered by it in determining the appro­ Federal Regulations, that William A. testants parties to the proceeding. Any Morgan be, and he hereby is, granted person wishing to become a party to a priate action to be taken but will not serve to make the protestants parties to relief from any and all disabilities im­ proceeding or to participate as a party posed by Federal laws with respect to the in any hearing therein must file a peti­ the proceeding. Persons wishing to become parties to a proceeding or to acquisition, receipt, transfer, shipment, tion to intervene in accordance with the or possession of firearms, incurred by Commission’s rules. participate as a party in any hearing therein must file petitions to intervene reason of th e . conviction hereinabove Take further notice that, pursuant to described. the authority contained in and subject in accordance with the Commission’s to the jurisdiction conferred upon the rules. The application is on file with Signed at Washington, D.C., this 5th Federal Power Commission by sections the Commission and available for public day of November 1969. inspection. 7 and 15 of the Natural Gas Act and the [ seal] R andolph W. T hrower, Commission’s rules of practice and pro­ G ordon M. G rant, Commissioner of Internal Revenue. cedure, a hearing will be held without — Secretary. [F.R. Doc. 69-13492; Filed, Nov. 12, 1969; [F.R. Doc. 69-13446; Filed, Nov. 12, 1969; further notice before the Commission on 8:50 a.m.] this application if no petition to inter­ 8:47 a.m ] vene is filed within the time required herein, if the Commission on its own review of the matter finds that a grant DEPARTMENT OF JUSTICE of the certificate is required by the public DEPARTMENT OF THE TREASURY convenience and necessity. If a petition Internal Revenué Service Criminal Division for leave to intervene is timely filed, or [Directive 19] if the Commission on its own motion be­ WILLIAM A. MORGAN lieves that a formal hearing is required, SENIOR DEPUTY ASSISTANT further notice of such hearing will be Notice of Granting of Relief ATTORNEY GENERAL duly given. Notice is hereby given that William A. Redelegation of Authority With Re­ Under the procedure herein provided ^Morgan, 1703 East Chester Drive, High for, unless otherwise advised, it will be Point, N.C., has applied for relief from spect to Approval of Certain Appli­ unnecessary for Applicant to appear or disabilities imposed by Federal laws with cations by U.S. Attorneys to Federal be represented at the hearing. respect to the acquisition, receipt, trans­ Courts for Orders Compelling Tes­ G ordon M. G rant, fer, shipment, or possession of firearms timony or the Production of Evi­ Secretary. incurred by reason of his conviction on dence by Witnesses December 3, 1935, in the U.S. District [F.R. Doc. 69-13445; Filed, Nov. 12, 1969; Court, Greensboro, N.C., of a crime pun­ Delegation of Authority to the senior 8:47 a.m.] ishable by imprisonment for a term ex­ Deputy Assistant Attorney General. By ceeding 1 year. Unless relief is granted, virtue of the authority vested in me by [Project No. 2550] it will be unlawful for William A. Mor­ § 0.59(b) of Title 28 of the Code of Fed­ gan, because of such conviction to ship, eral Regulations, as amended, the au­ WISCONSIN MICHIGAN POWER CO. transport, or receive in interstate or for­ thority delegated to me by § 0.59(a) of Notice of Application for Approval of eign commerce any firearm or ammuni­ that title to approve the application by a U.S. Attorney to a Federal Court for an Exhibit R (Recreational Use Plan) tion, and he would be prevented under chapter 44, title 18, United States Code, order compelling testimony or the pro­ For Project from obtaining a license under that duction of evidence by a witness is hereby N ovember 4, 1969. chapter as a firearms or ammunition im­ redelegated to the senior Deputy Assist­ Public notice is hereby given that ap­ porter, manufacturer, dealer, or collec­ ant Attorney General in the Criminal plication has been filed under the regu­ lations under the Federal Power Act (16 tor. In addition under title V II of the Division to be exercised solely during my U.S.C. 791a-825r) by Wisconsin Michi­ Omnibus Crime Control and Safe Streets absence from the city of Washington.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18189

This directive shall become effective Fish and Wildlife Service, Department not readily available from commercial banks, cooperative lending agencies, or upon the date of its publication in the of the Interior, Washington, D.C. 20240. Any other responsible sources. Federal R egister. person desiring to submit evidence that the contemplated operation of such ■Lo u is ia n a Dated: November 5,1969. vessel will cause economic hardship or Plaquemines. St. Bernard. W il l R. W il s o n , injury to efficient vessel operators al­ Assistant Attorney General. ready operating in that fishery must Pursuant to the authority set forth submit such evidence in writing to the above, emergency loans will not be made [F.R. Doc. 69-13454; Filed, Nov. 12, 1969; in the above-named parishes after June 8:47 a.m.] Director, Bureau of Commercial Fish­ eries, within 30 days from the date of 30, 1969, except to applicants who previ­ publication of this notice. If such evi­ ously received emergency or special live­ dence is received it will be evaluated stock loan assistance and who can along with such other evidence as may qualify under established policies and DEPARTMENT OF THE INTERIOR be available before making a determina­ procedures. Fish and Wildlife Service tion that the contemplated operations of Done at Washington, D.C., this 5th the vessel will or will not cause such [Docket No. A—511] day of November 1969. economic hardship or injury. DENNIS OLIVER ' Clifford M. H ardin, C. E. P eterson, Secretary of Agriculture. Notice of Loan Application Chief, Division of Financial Assistance. [F.R. Doc. 69-13435; Filed, Nov. 12, 1969; N ovember 5,1969. 8:46 a.m.] [F.R. Doc. 69-13428; Filed, Nov. 12, 1969; Dennis Oliver, 2617 Fourth Avenue, 8:46 a.m.] Ketchikan, Alaska 99901, has applied for TEXAS a loan from the Fisheries Loan Fund to aid in financing the purchase of a used Designation of Areas for Emergency 47.6-foot registered length wood vessel DEPARTMENT OF AGRICULTURE Loans to engage in the fishery for salmon and Office of the Secretary tuna. For the purpose o f making emergency Notice is hereby given pursuant to the ARKANSAS AND FLORIDA loans pursuant to section 321 of the Con­ provisions of Public Law 89-85 and Fish­ solidated Farmers Home Administration eries Loan Fund Procedures (50 CFR Designation of Areas for Emergency Act of 1961 (7 U.S.C. 1961), it has been Part 250, as revised) that the above- Loans determined that in the hereinafter- named counties in the State of Texas, entitled application is being considered For the purpose of making emergency by the Bureau of Commercial Fisheries, natural disasters have caused a need for loans pursuant to section 321 of the Con­ agricultural credit not readily available Fish and Wildlife Service, Department solidated Farmers Home Administration of the Interior, Washington, D.C. 20240. from commercial banks, cooperative Act of 1961 (7 U.S.C. 1961), it has been lending agencies, or other responsible Any person desiring to submit evidence determined that in »the hereinafter- that the contemplated operation of such sources. named counties in the States of Arkansas T exas vessel will cause economic hardship or and Florida, natural disasters have Calhoun. Refugio. injury to efficient vessel operators al­ caused a need for agricultural credit not ready operating in that fishery must Cameron. Victoria. readily available from commercial banks, Jackson. Willacy. submit such evidence in writing to the cooperative lending agencies, or other Director, Bureau of Commercial Fish­ responsible sources. Pursuant to the authority set forth eries, within 30 days from the date of above, emergency loans will not be made publication of this notice. I f such evi­ A rkansas in the above-named counties after dence is received it will be evaluated Boone. Little River. June 30, 1970, except to applicants who along with such other evidence as may Lafayette. previously received emergency or special be available before making a determina­ F lorida livestock loan assistance and who can tion that the contemplated operations of Jackson. qualify under established policies and the vessel will or will not cause such Pursuant to the authority set forth procedures. economic hardship or injury. above, emergency loans will not be made in the above-named counties after June Done at Washington, D.C., this 5th day C. E. P eterson, of November 1969. Chief, 30, 1970, except to applicants who previ­ Division of Financial Assistance. ously received emergency or special live­ Clifford M. H ardin, stock loan assistance and who can Secretary of Agriculture. [F.R. Doc. 69-13427; Filed, Nov. 12, 1969; qualify under established policies and 8:46 a.m.] [F.R. Doc. 69-13436; Filed, Nov. 12, 1969; procedures. 8:46 a.m.} Done at Washington, D.C., this 5th [Docket No. G-456] day of November 1969. WAYNE VIZIER AND C lifford M. H ardin, DEPARTMENT OF COMMERCE DEMPSEY BORNE Secretary of Agriculture. Office of the Secretary Notice of Loan Application [F.R. Doc. 69-13434; Filed, Nov. 12, 1969; 8:46 a.m.] [Dept. Order 134-7] N ovember 5,1969. OFFICE OF PUBLICATIONS Wayne Vizier and Dempsey Borne, LOUISIANA 126 Camley Lane, Golden Meadow, La. Organization and Functions 70357, have applied for a loan from the Designation of Areas for Emergency This material supersedes the material Fisheries Loan Fund to aid in financing Loans the purchase of a used 47-foot length appearing at 32 FR 10384 of July 14, overall wood vessel to engage in the fish­ For the purpose of making emergency 1967. ery for shrimp. loans pursuant to section 321 of the Con­ S ection 1. Purpose. This order dele­ Notice is hereby given pursuant to solidated Farmers Home Administration gates authority to the Director, Office of the provisions of Public Law 89-85 and Act of 1961 (7 U.S.C. 1961), it has been Publications, and prescribes the organi­ determined that in the hereinafter- Fisheries Loan Fund Procedures (50 CFR zation and functions of the Office of Pub­ Part 250, as revised) that the above- named parishes in the State of' Louisi­ lications. entitled application is being considered ana, a natural disaster has caused a need S ec. 2. General. The Office of Publica­ by the Bureau of Commercial Fisheries, for agricultural credit to oyster planters tions shall be headed by a Director, who

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18190 NOTICES

shall report and be responsible to the As­ .03 The Financial Management Di­ pursuant to section 408(a) (5) of the Act sistant Secretary for Administration. The vision shall plan and direct the financial and Sheldon G. Adelson for approval of Director shall be assisted by a Deputy control operations related to the De­ interlocking relationships, Docket 21472. Director, who shall perform the func­ partment’s printing plants; develop Notice is hereby given, pursuant to the tions of the Director during the latter’s guidelines for cost controls for all print­ absence. statutory requirements of section 408(b) ing, binding, and related activities; re­ of the Federal Aviation Act of 1958, as S ec. 3. Delegation of authority. .01 view and evaluate costs of printing, Pursuant to the authority vested in the amended, that the undersigned intends binding, and related activities and de­ to issue the attached order under dele­ Assistant Secretary of Commerce for Ad­ velop uniform price schedules; and pre­ ministration by Department Order 134 gated authority. Interested persons are pare required reports relating to the hereby afforded a period of 15 days from and subject to the applicable provisions activities of the Office of Publications. of law, regulation, and such policies and the date of service within which to file .04 The Publications Policy and De­ comments or request a hearing with re­ directives as the Assistant Secretary for velopment Division shall review requests spect to the action proposed in the order. Administration may prescribe, the Direc­ for new Commerce publications against tor, Office of Publications, is delegated the policies and standards, of the Depart­ Dated at Washington, D.C., November authority vested in the Assistant Secre­ ment; advise organizations concerning 6, 1969. tary for Administration in the fields of publication possibilities; analyze the [ s e a l ] a . M . A n d r e w s , publications, printing, and allied activi­ desirability of consolidation or elimina­ ties, including the approval of prices for Director, tion of existing publications; provide Bureau of Operating Rights. publications sold to the public. specialized guidance to organizations of .02 The Director, Office of Publica­ the Department on publications projects; Order Approving Control and I nterlocking tions, may redelegate his authority to ap­ provide writing and editing assistance in R elationships propriate officials of the Office of Publi­ the preparation of publications; review Issued under delegated authority: cations and operating units of the De­ all publications material for conform­ By application filed September 29, 1969, partment subject to such conditions in ance to publications policies and stand­ Interlude International Corp. (Interlude) the exercise of such authority as he may ards; and direct the Department’s pub­ requests an exemption under section 408(a) prescribe. (5) of the Act with respect to its acquisition lications mailing and sales promotion of those assets of Continental Travel, Ltd., S ec. 4. Organization and functions. programs. which are used by Continental in its activities .01 The Office of Publications shall .05 The Design and Graphics Division as an inclusive tour operator under Part 378 comprise: shall provide central design, illustration, of the Board’s regulations.1 Contemporane­ Office of the Director. photographic, and graphics services and ously, Sheldon G. Adelson requests approval prepare or procure the necessary design, under section 409 of the Act of interlocking Financial Management Division. relationships which will result from his being Publications Policy and Development illustration, and art work for all publications. a director of both Interlude and Cutlass Division. Aviation, Inc. (Cutlass), an air taxi operator Design and Graphics Division. .06 The Printing Division shall pro­ pursuant to Part 298 of the Board’s Printing Division. cure or approve for procurement all regulations. Microreprographic Division. printing and binding and related serv­ Interlude operates as a travel agent, a .02 The Director shall be an ad­ ices for organizations of the Department, ground tour operator, and a wholesaler of control and schedule all printing opera­ affinity group charter tours. Continental is, visor to, and serve as the representative inter alia, an inclusive tour operator and of, the Assistant Secretary for Admin­ tions; operate the Department’s central printing plant including addressing and presently has tour prospectus IT 69-47 on istration in matters relating to publica­ > file with the Board pursuant to which it tions, printing, and allied activities, and mailing services; and investigate and operates a weekly pattern of inclusive tours serve as adviser to all other Depart­ analyze new printing methods. to Hawaii with Universal Airlines. mental officials with respect to these .07 The Microreprographic Division, The applicants state that in the last 6 matters; formulate, direct, and coordi­ shall operate the Department’s central months, inclusive tour traffic to Hawaii has declined substantially and Continental has nate the development of publications and microphoto and related reproduction services facility. been losing some $100,000 per month on its printing policies and activities; procure ITC operations. Instead of terminating its or approve for procurement all printing, S ec. 5. Commerce Publications Com­ tour program, Continental has elected to sell binding, and allied reproduction and mittee. There shall be a Commerce Pub­ its ITC “division” to Interlude.3 Interlude publications distribution equipment; de­ lications Committee, which shall consist will utilize the resources and personnel thus velop standards for essentiality, utility, of the Director as Chairman, and repre­ acquired to continue Continental’s programs content, format, and style for all pub­ sentatives from the operating units. The and develop new programs as marketing lications; direct the activities of the Committee will meet on call from the conditions permit. Grant of the requested Chairman for the purpose of advising exemption, the applicants assert, will permit Department’s central printing plant and continued employment of some twenty (20) related graphics and photographic ac­ and assisting on publications, graphics Continental employees who would have their tivities; manage the Working Capital and printing policies and procedures and employment terminated if Continental ceased Fund for printing and related activities; to consult on problems of common and conduct sole liaison (a) between the interest. 1 The assets include, ifiter alia,, operation Department of Commerce and Joint Effective date: November 3, 1969. materials, promotional materials, mailing Committee on Printing and Binding and lists reservations, insurance, trade names and between the Department of Commerce L a r r y A. J o b e , trademarks, Continental personnel, and and the Government Printing Office on Assistant Secretary ground package contracts. The transaction printing matters, and (b) between the for Administration. also includes the transfer of Continental’s Department of Commerce and the ATC, IATA, and similar licenses and appoint­ [F.R. Doc. 69-13497; Filed, Nov. 12, 1969; ments to Interlude. Superintendent of Documents on publi­ 8:50 a.m.] cations pricing, sales, distribution, pro­ 2 In consideration, Interlude will issue and deliver to Continental 35,000 shares of Inter­ motion, and mailing list activities. He lude’s presently authorized common stock shall represent the Assistant Secretary subject to the restriction that said shares are for Administration on boards and com­ CIVIL AERONAUTICS BOARD taken and held for investment only. Conti­ mittees and before other branches of the nental in turn has further agreed to sell to Government concerned with the activ­ [Docket No. 21472] Interlude at the price of $0.01 each a total of 17,500, 5-year, nontransferable warrants, each ities described herein. The Deputy Di­ INTERLUDE INTERNATIONAL CORP. rector who shall be the chief operating of which will evidence the right to purchase one share of the common stock of Continental aide to the Director, shall provide gen­ Notice of Proposed Approval for at varying prices during the 5-year term sub­ eral direction of the operations of the Exemption ject to the restriction that the warrants and the shares purchased upon the exercise of Office, and perform other duties as Application of Interlude Interna­ assigned. said warrants are taken and held for invest­ tional Corporation for an exemption ment only.

FEDERAL REGISTER, VOL. 34, NÒ. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18191 its losing operations. The applicants sum­ Accordingly, it is ordered, That: - Cooperation Between the Governments marily state that the proposed transaction 1. The acquisition by Interlude of those of the United States and Switzerland. will not result in creating a monopoly and assets of Continental relating to its in­ that it will not restrain competition, par­ clusive tour charter operations as described Dated at Bethesda, Md., this 29th day ticularly in view of the fact that Interlude herein, be and it hereby is approved; of October 1969. has not heretofore been engaged in the in­ 2. Subject to the provisions of Part 251 For the Atomic Energy Commission. clusive tour business and does not control of the Board’s economic regulations as now any other person engaged in such operations. in effect or hereinafter amended, the inter­ E ber R . P r ic e , With respeGt to the interlocking relation­ locking relationships described herein be Director, Division of ships involving Mr. Adelson, Interlude, and and they hereby are approved; and State and Licensee Relations. Cutlass, the applicants state that no con­ 3. To the extent not granted herein, the [F.R. Doc. 69-13438; Filed, Nov. 12, 1969; flicts of interest will result therefrom because application contained in Docket 21472 be and 8:46 a.m.] inclusive tour charters must, by definition, it hereby is denied. be operated by supplemental carriers which Persons entitled to petition the Board Cutlass clearly is not. They state that Cutlass for review of this order pursuant to the is a Part 298 air taxi operator utilizing small Board’s regulations, 14 CFR 385.50, may file aircraft and does not, and cannot under its such petitions within 5 days after the date of DEPARTMENT OF HEALTH, EDU­ present authority, perform the type of air service of this order. transportation which Interlude will utilize. This order shall be effective and become the Thus, the applicants conclude that by nature action of the Civil Aeronautics Board upon CATION, AND WELFARE of their operations, Cutlass and Interlude do expiration of the above period unless within not compete or do business with each other. such period a petition for review is filed, or Food and Drug Administration No comments relative to the application the Board gives notice that it will review this have been received. order on its own motion. FMC CORP. Notice of intent to dispose of the appli­ cation without a hearing has been published [ seal] M abel M cCart, Notice of Filing of Petition Regarding in the Federal R egister and a copy of such Acting Secretary. Pesticide Chemicals notice has been furnished by the Board to [F.R. Doc. 69-13501; Filed, Nov. 12, 1969; Pursuant to the provisions of the the Attorney General not later than 1 day 8:50 a.m.] following such publication, both in accord­ Federal Food, Drug, and Cosmetic Act ance with section 408(b) of the Act. (sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. We turn first to the applicant’s request for 346a(d) (1)), notice is given that a peti­ an exemption under section 408(a) (5) of the tion (PP 0F0898) has been filed by Act. Upon consideration of that issue, we ATOMIC ENERGY COMMISSION FMC Corp., Niagara Chemical Division, have concluded that the proposed transac­ [Docket No. 50-345] Middleport, N.Y. 14105, proposing the tion will not result in the acquisition of establishment of tolerances for residues control of Continental by Interlude within WESTINGHOUSE ELECTRIC INTERNA­ the meaning of that section. The transaction of the insecticide carbofuran including is essentially an acquisition by Interlude of TIONAL CO.r DIVISION OF WEST­ its cholinesterase-inhibiting metabolite a substantial portion of the properties of INGHOUSE ELECTRIC CORP. 2,3 - dihydro - 2,2 - dimethyl-3-hydroxy-7- Continental and as such does not literally fall benzofuranyl iV-methylcarbamate in or within the ambit of the amended section Notice of Issuance of Facility Export on the raw agricultural commodities 408(a)(5 ). License alfalfa hay at 20 parts per million; The proposed transaction falls rather with­ alfalfa (fresh) at 5 parts per million; and in the meaning of section 408(a) (2) of the Please take notice that no request for in milk at 0.02 part per million (negli­ Act. However, it is concluded that such ac­ a formal hearing having been filed fol­ quisition does not affect the control of an gible residue). air carrier directly engaged, in the operation lowing publication of notice of proposed The analytical method proposed in the of aircraft in air transportation, does not action in the F ederal R egister on Oc­ petition for determining residues of the result in creating a monopoly and does not tober 7, 1969 (34 F.R. 15576), the Atomic insecticide and its metabolite is a gas tend to restrain competition. Furthermore, Energy Commission has issued License chromatographic technique using a no person disclosing a substantial interest No. XR-70 to Westinghouse Electric In ­ nitrogen-specific microcoulometric de­ in the proceeding is currently requesting a ternational Co., Division of Westing- tection system. hearing and it is concluded that the public house Electric Corp., authorizing the interest does not require a hearing. The pro­ Dated: September 4,1969. posed acquisition will enable Interlude to export of components of a 350-megawatt engage in the promotion of air- transporta­ electric nuclear power reactor to Nord- R . E. D u g g a n , tion through the preparation and marketing ostschweizerische Kraftwerke, A.G., Acting Associate Commissioner. of inclusive tours, and will bring to Inter­ Baden, Switzerland. The export of these for Compliance. lude experienced personnel and existing fa­ components to Switzerland is within the [F.R. Doc. 69-13426; Filed, Nov. 12, 1969; cilities used for that purpose. It therefore purview of the present Agreement for 8:46 a.m.] appears that the proposed transaction will not be inconsistent with the public interest. Consequently, it has been decided to approve the transaction under the third proviso of DEPARTMENT OF TRANSPORTATION section 408(b). The interlocking relationships involving Hazardous Materials Regulations Board Mr. Adelson, Interlude and Cutlass are not adverse to the public interest and will be ap­ SPECIAL PERMITS ISSUED proved. As the applicants indicated, inclusive N o vem ber 6,1969. tour operators under Part 378 of the Board’s regulations, m u st. avail themselves only of Pursuant to Docket No. HM-1, Rule-making Procedures o f the Hazardous Mate­ the services of supplemental air carriers and rials Regulations Board, issued May 22, 1968 (33 F.R. 8277) 49 CFR 170, following is thus it does not appear that any regulatory a list of new DOT special permits upon which Board action was completed during problems are presented by the fact that October 1969: Mr. Adelson will serve on the Board of both Interlude and Cutlass. Special Mode or modes of Pursuant to authority duly delegated b; permit Issued to—Subject )• transportation the Board in the Board’s regulations, 14 CFI No. 385.13, it is found that the acquisition b; Interlude of those assets of Continental re 5961 Ethyl Corp. for the shipment of methyl phosphonothioic dichloride in a D O T - Water, highway, and lating to the latter’s inclusive tour charte 4B A240 cylinder or a DOT-5 lined steel drum. rail. operations is not adverse to the public in 6037 International Carriers Ltd., for the shipment of alcohols, n.o.s. in 14.9 p.s.i.g. Water and highway, design pressure, MC-306 type portable tanks. terest and should be approved. It is furthe 6043 Shippers upon specific registration with this Board, for the shipment of nitro- Highway and rail, found that the interlocking relationships in carbo-nitrate slurries in a 5-gallon capacity D OT-12P/2U packaging. volving Mr. Adelson, Interlude and Cutlas 6069 Shippers upon specific registration with this Board, for the shipment of liquefied Highway. are not adverse to the public interest an< petroleum gases in Australian DOT-4B or 4B A type steel cylinders. 6070 Shippers upon specific registration with this Board, for the shipment of sulfur Rail. should be approved. trioxide (without additive) in a DOT-105A300W tank car.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18192 NOTICES

Special Mode or modes of DEPARTMENT OF COMMERCE permit Issued to—Subject transportation No. Notice of Grant of Authority To Make a Noncareer Executive Assignment 6073 Oxirane Chemical Co. for the shipment of t-butyl hydroperoxide in at least 50 Highway and rail. Under authority of § 9.20 of Civil Serv­ percent by weight of water, in a D OT-M C 307 cargo tank, or in a DOT-103W, 103AW, 111A60FI, 111A60W1,111A100F2, or 111A100W2 tank car. ice Rule IX (5 CFR 9.20), the Civil 6078 Shippers upon specific registration with this Board, for the shipment of fissile Highway. Service Commission authorizes the De­ radioactive materials in Applied Design Co;’s Model No. 927A packaging. 6079 Shippers upon specific registration with this Board, for the shipment of radio­ Water and highway. partment of Commerce to fill by non­ active materials in the TJnion Miniere Model No. UM24.27.8 packaging. career executive assignment in the 6082 Department of Defense, for the shipment of palletized incendiary cluster bombs Highway and rail. having an M4 wood shipping guard. excepted service the position of Deputy 6084 Woodward Wight Big Three, Inc., for the shipment of oxygen, nitrogen, argon, Do. Regional Economic Coordinator, Office hydrogen, helium, neon, krypton, xenon, compressed air, and mixtures thereof, of the Special Assistant for Regional in DOT-3 A and 3AA cylinders having a 10-year hydrostatic retest period. 6085 Willard C. Starcher, Inc., for the shipment of oxygen in DOT-3A and 3AA cylin­ Do. Economic Coordination. ders having a 10-year hydrostatic retest period. 6086 Suburban Propane-Jaeger Welding Supply Co., for the shipment of oxygen and Do. U n it e d S tates C iv il S erv­ nitrogen in DOT-3 A and 3AA cylinders having a 10-year hydrostatic retest ic e C o m m is s io n , ■period. 6088 Shippers upon specific registration with this Board, for the shipment of fissile and Do. [ s e a l ] J a m e s C. S p r y , large quantities of radioactive materials in the Carden Carrier No. 2 Shipping Executive Assistant to Cask. 6090 Shippers upon specific registration with this Board, for the shipment of large Water, highway, and the Commissioners. quantities of radioactive materials in the O R N L Fast Neutron Shipping Cask. rail. [F.R. Doc. 69—13413; Filed, Nov. 12, 1969; 6091 Alabama Oxygen Co., Inc., for the shipment of pressurized liquefied oxygen in a Highway. specially designed and insulated cargo tank. 8:45 a.m.] 6093 Lep Transport, Inc., for one shipment of fissile radioactive materials in the British Passenger-carrying Model GB:0013Q/GB:TCC1 packaging. aircraft, cargo-only aircraft, and high­ DEPARTMENT OF HOUSING AND way. 6094 General Electric Co., for one shipment of fissile radioactive material in two Naval Highway. URBAN DEVELOPMENT Reactor D IG Core 2 Cell Containers (DO T SP 5782) with one Model 814A Con­ tainer (D O T SP 5149). Notice of Grant of Authority To Make 6095 Shippers upon specific registration with this Board, for the shipment of fissile and Do. Noncareer Executive Assignment large quantities of radioactive materials in the General Electric Co. Model RM L- 29 Shipping Cask. Under authority of § 9.20 of Civil 6096 Silver City Welding Supply, for the shipment of oxygen, nitrogen, and hydrogen in Highway and rail. DOT-3A and 3AA cylinders having a 10-year hydrostatic retest period. Service Rule IX (5 CFR 9.20), the Civil 6097 Andrus Equipment Corp., for the shipment of argon, oxygen, and nitrogen in Do. Service Commission authorizes the De­ DOT-3A and 3AA cylinders having a 10-year hydrostatic retest period. 6098 Indianapolis Welding Supply, Inc., for the shipment of oxygen in DOT-3A and Do. partment of Housing and Urban Devel­ 3AA cylinders having a 10-year hydrostatic retest period. opment to fill by noncareer executive 6099 Department of Defense, for the shipment of a Class B, liquid propellant explosive, Do. assignment in the excepted service the in a DOT-34 Polyethylene drum, overpacked in a DOT-5B, 6A, 6B, 6C, 17C, or 17H steel drum. position of Director, Operation Break­ 6100 Shippers'upon specific registration with this Board, for the shipment of mono- Do. through, Assistant Secretary for Re­ chlorodifluoromethane and dichlorodifluoromethane in a nonrefillable inside steel cylinder having a maximum capacity of 750 cubic inches. search and Technology. 6101 Matheson Gas Products, for the shipment of oxygen, nitrogen, argon, hydrogen, Do. helium, neon, krypton, xenon, compressed air, and mixtures thereof, in DOT-3A U n it e d S tates C iv il S erv­ and 3AA cylinders having a 10-year hydrostatic retest period. ic e C o m m is s io n , 6102 Connecticut Oxygen Corp., for the shipment of oxgyen, argon, and Com- Do. [ s e a l ] J a m es S p r y , pressed air in DOT-3A and 3AA cylinders having a 10-year hydrostatic retest C. period. Executive Assistant to 6103 Dominion Oxygen & Supply Co., Inc., for the shipment of oxygen in DOT-3A Do. the Commissioners. and 3AA cylinders having a 10-year hydrostatic retest period. 6104 Shippers upon specific registration with this Board, for the shipment of fissile and Do. [F.R. Doc. 69-13414; Filed, Nov. 12, 1969; large quantities of radioactive materials in the Argonne National Laboratory 8:45 a.m.] E B R -II Fuel Shipping Cask. 6105 Shippers upon specific registration with this Board, for the shipment of Class B Do. poison solids (which have been specifically identified to the Board), in a D O T - 17C steel drum having a heavier than specification steel removable head sheet. DEPARTMENT OF HOUSING AND 6106 Diamond Shamrock Chemical Co., for one shipment of 98,000 pounds of chlorine Rail. URBAN DEVELOPMENT in a 55-ton capacity DOT-105A500W tank car. 6107 Beaumont Oxygen Co. for the shipment of oxygen, nitrogen, hydrogen, helium, and Highway and rail. Notice of Revocation of Authority To argon in D O T 3A and 3AA cylinders having a 10-year hydrostatic retest period. 6109 Shippers upon specific registration with this Board, for the shipment of anhydrous Highway, Make Noncareer Executive Assign­ phosphorus trichloride in a lined D O T MC-310, MC-311, or MC-312 cargo tank, 6112 U.S. Atomic Energy Commission and Westinghouse Electric Corp. for one series Do. ment of shipments of fissile radioactive materials in 55-gallon, drum-type “birdcage” metal containers. Under authority of § 9.20 of Civil Serv­ 6113 Gas Inc., Lowell Gas Co., and Indianhead Truck Line, Inc., for the transportation Do. ice Rule IX (5 CFR 9.20), the Civil of liquefied methane in a specially designed and insulated cargo tank. Service Commission revokes the author­ ity of the Department of Housing and W il l ia m C. Je n n in g s , Urban Development to fill by noncareer Chairman, Hazardous Materials executive assignment in the accepted Regulations Board. service the position of General A s s is ta n t [F.R. Doc. 69-13500; Filed, Nov. 12,1969; 8:50 a.m.] to the Deputy Under Secretary. U n it e d S ta t es C iv il S erv­ ic e C o m m is s io n , noncareer executive assignment in the [ s e a l ] J a m e s C . S p r y , Executive Assistant to CIVIL SERVICE COMMISSION excepted service the position of Adminis­ the Commissioners. trator, Rural Community Development DEPARTMENT OF AGRICULTURE [F.R. Doc, 69-13415; Filed, Nov. 12, 1969; Service. 8:45 a.m.] . Notice of Revocation of Authority To U n it e d S tates C i v i l S er v­ Make Noncareer Executive Assign­ ic e C o m m is s io n , DEPARTMENT OF TRANSPORTATION ments [ s e a l ] Ja m e s C . S p r y , Executive Assistant to Notice of Grant of Authority To Make Under authority of § 9.20 of Civil Serv­ the Commissioners. ice Rule IX (5 CFR 9.20), the Civil Serv­ a Noncareer Executive Assignment ice Commission revokes the authority of [F.R. Doc. 69-13412; Filed, Nov. 12, I960; Under authority of § 9.20 of Ciidl the Department of Agriculture to fill by 8:45 a.m.] Service Rule IX (5 CFR 9.20), the Civil

FEDERAL REGISTER, VOL. 34, NO. 218—-THURSDAY, NOVEMBER 13, 1969 NOTICES 18193

construction permits for three new sta­ system with the existing toll facilities in Service Commission authorizes thè De­ Anchorage, Alaska; and (d) the plead­ partment of Transportation to fill by tions in the Domestic Public Point-to- Point Microwave Radio Service at Tal­ ings listed in the appendix hereto.1 noncareer executive assignment in the 2. Communications Satellite Corp. excepted service the position of Director, keetna, Scotty Lake, and Twelvemile, Alaska; Matanuska Telephone Associa­ (Comsat), Matanuska Telephone Asso­ Office of Industry and Labor Relations, ciation, Inc. (Matanuska), and Western Office of Assistant Secretary for Public tion, Inc., Docket No. 18720, File Nos. 102 through 104-C1-P-70; for construc­ Union International, Inc. (W UI), each Af£ stirs. have filed applications for microwave U n it e d S tates C i v i l S er v­ tion permits for three new stations in the stations at Talkeetna, Scotty Lake, and ic e C o m m is s io n , Domestic Public Point-to-Point Micro- wave Radio Service at Talkeetna, Scotty Twelve-mile, respectively. RCA Alaska [ seal] Ja m es C. S p r y , Executive Assistant to Lake, and Twelvemile, Alaska; RCA Communications, Inc. (RCA) ,2 filed four the Commissioners. Alaska Communications, Inc., Docket No. applications for stations at the above 18721, File Nos. 553 through 556-C1-P- sites plus Anchorage thus making its pro­ [PR, Doc. 69-13416; Filed, Nov. 12, 1969; 70; for construction permits for four new posal the only complete system between 8:45 a.m.] stations in the Domestic Public Point-to- Anchorage and Talkeetna. However, Point Microwave Radio Service at An­ Comsat, Matanuska, and W UI each have U.S. ARMS CONTROL AND chorage, Twelvemile,. Scotty Lake and filed section 201 petitions requesting the DISARMAMENT AGENCY Talkeetna, Alaska; Western Union In­ Commission to order a mid-air inter­ ternational, Inc., Docket No. 18722, connection between its Twelvemile sta­ Notice of Grant of Authority To Make File Nos. 1174 through 1176-C1-P-70; tion and the Anchorage toll center. RCA Noncareer Executive Assignment for construction permits for three new has also filed a section 201 petition re­ stations in the Domestic Public Point- questing the Commission to order an Under authority of § 9.20 of Civil Serv­ to-Point Microwave Radio Service at interconnection between its proposed ice Rule IX (5 CPR 9.20), the Civil Serv­ Talkeetna, Scotty Lake, and Twelve- microwave system and the facilities of ice Commission authorizes the U.S. Arms mile, Alaska; Communications Satel­ the Anchorage Telephone Utility (An­ Control and Disarmament Agency to fill lite Corp., Docket No. 18723, File No. chorage Telephone). by noncareer executive assignment in the P-C-7590 ; Western Union Interna­ 3. The positions of the various appli­ excepted service the position of Deputy tional, Inc., Docket No. 18724, File No. cants and petitioners may be briefly Public Affairs Advisor, Office of the Pub­ PC-7589; for authorization pursuant to sumarized as follows: (a) RCA, as the lic Affairs Advisor. section 214 of the Communications Act successful bidder for the facilities of the U n it e d S tates C iv il S er v­ of 1934, as amended, to construct and Alaska Communications System (ASC) 3 ic e C o m m is s io n , operate channelizing equipment in con­ contends that it should be the sole long [ seal] J am e s C. S p r y , nection with the proposed microwave lines carrier in Alaska inasmuch as its Executive Assistant to system between Talkeetna and Anchor­ commitment to reduce rates and improve the Commissioners. age, Alaska; RCA Alaska Communica­ service throughout the State was predi­ tions, Inc., Docket No. 18725, File No. P - cated on such basis; (b) Matanuska con­ (P.R. Doc. 69-13417; Filed, Nov. 12, 1969; C-7585 ; for authorization pursuant to 8:45 a.m.] ~ tends that it should provide the earth section 214 of the Communications Act station microwave link since it repre­ of 1934, as amended, to construct and sents expansion into Matanuska’s pres­ U.S. ARMS CONTROL AND operate channelizing equipment in con­ ently franchised telephone service area; DISARMAMENT AGENCY nection with the proposed microwave (c) Comsat stated that it filed only to in­ system between Talkeetna and Anchor­ sure an appropriate link with the earth Notice of Revocation of Authority To age, Alaska, and to provide service be­ station; it proposes to construct and op­ Make Noncareer Executive Assign­ tween points in Alaska and points in the erate the facilities only until the Com­ ment 48 continental States via satellite, and mission authorizes permanent operation petitions of Communications Satellite by another qualified carrier; (d) WUI, Under authority of § 9.20 of Civil Serv­ Corp., Docket No. 18726; Matanuska which has filed a section 214 application ice Rule IX (5 CFR 9.20), the Civil Serv­ Telephone Association, Inc., Docket No. (file No. T-C-2274) to provide telegraph ice Commission revokes the authority of 18727; Western Union International, Inc., service to Alaska, contends that RCA the U.S. Arms Control and Disarma­ Docket No. 18728; pursuant to section fails to offer authorized carriers equi­ ment Agency to fill by noncareer execu­ 201(a) of the Communications Act of table and nondiscriminatory access to the tive assignment in the excepted service 1934, as amended, for establishment of earth station via the microwave system the position of Disarmament Advisor, physical connections between its pro­ but that it (W U I) would offer authorized Office of the Director. posed facility at Twelvemile, Alaska, and carriers participation by outright owner­ U n it e d S t ates C iv il S er v­ the existing toll center at Anchorage, ship, indefeasible right of use (IR U ) or ic e C o m m is s io n , Alaska, and RCA Alaska Communica­ lease; (e) ACS opposes the applications tions, Inc., Docket No. 18729; pursuant to IsealI J a m e s C. S p r y , of Matanuska and WUI, contending that Executive Assistant to section 201(a) of the Communications the facilities should be provided by RCA the Commissioners. Act of 1934, as amended, for establish­ as its successor in interest; (f) Western ment of physical connections between [F.R. Doc. 69-13418; Filed, Nov. 12, 1969; the terminus of the proposed microwave Union Telegraph Co. (Western Union) 8:45 a.m.] facilities at Anchorage, Alaska, and the states that it opposes the applications of facilities of the Anchorage Telephone Utility. 1 Due to the urgency of this proceeding 1. The Commission has before it: (a) action is being taken prior to the expiration, FEDERAL COMMUNICATIONS The captioned mutually exclusive appli­ of the prescribed time for filing all respon­ cations proposing construction of a mi­ sive pleadings. COMMISSION crowave system to link the recently 2 The applications were originally filed by RCA Global Communications, Inc., but were authorized satellite earth station at Tal­ [Dockets Nos. 18719-18729; FCC 69-1199] subsequently adopted by RCA Alaska Com­ keetna, Alaska, with Anchorage, Alaska; munications which is a wholly owned subsid­ COMMUNICATIONS SATELLITE CORP., (b) the captioned applications pur­ iary of the former formed to operate the ET AL. suant to section 214 of the Communi­ Alaska facilities purchased from the Alaska cations Act for authorization to install Communications System (ACS). Designating Applications for Consoli­ and operate multiplex equipment in con­ 8 The sale of ACS to RCA was approved in nection with the microwave system; (c) accordance with Public Daw 90—135 (40 U.S.C. dated Hearing on Stated Issues 771-792) by President Nixon on June 25, the captioned petitions pursuant to sec­ In re applications of Communications 1969, subject to RCA receiving appropriate Satellite Corp., Docket No. 18719, File tion 210(a) of the Act for the neces­ authorization from the FCC and the Alaska Nos. 6406 through 6408-C1-P-69; for sary interconnection of the microwave Public Service Commission.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------6 18194 NOTICES

WUI, RCA, and Comsat because it has prejudiced their comparative standing shielding by terrain on the Twelvemile long been settled by statute (section 222 with respect to the ultimate issues. It to Scotty Lake path harmful interference of the Communications Act) and Com­ would be easier, and certainly more con­ would be caused by operations on either mission ruling that the public interest ventional, for the Commission to resolve the 4 or 6 GHz band. The disagreement requires a separation of the area of op­ all issues in a comparative hearing. How­ appears to lie on the degree of actual erations of international and domestic ever, we believe that the public interest shielding available, which to a substan­ telegraphic carriers. factor is too great in this instance to tial extent is a matter of judgment. RCA excuse the Commission from initiating B a c k g r o u n d states that Comsat may be correct and unusual measures designed to resolve the practice would prove the shielding to be 4. Before proceeding further, it may difficult problem of interim authoriza­ adequate. However, it contends that the be helpful to summarize the preceding tion. Although we are reluctant to have risk isn’t worth it. I f in operation harm­ events. Comsat filed its microwave ap­ to make a selection of competing techni­ ful interference is caused to the earth plications on April 29,1969, in connection cal proposals on the basis of necessarily station, not only will the cost of convert­ with its application for the Alaska earth tentative conclusions, § 21.27(g) of the ing equipment to new frequencies be sub­ station which was granted on May 14, rules specifically authorizes the condi­ stantial (RCA estimates it at some $60,- 1969 (17 FCC 2d 640). Competing appli­ tional grant, pending a hearing, of one 000), but satellite communications to cations were filed by Matanuska on or more mutually exclusive applications Alaska will be impaired, if not termi­ July 10, by RCA on July 18 and by W UI under circumstances of extraordinary nated, during the time required to obtain on September 2.4 In view of the impor­ public need. equipment and make the physical con­ tance of the matter, meetings were held 7. The principal problem before us is version. While we would find it much between representatives of the applicants to determine which of the four technical more desirable for these, or any other and members of the Common Carrier proposals would be best suited for interim facilities, to operate with the frequencies Bureau staff on August 14,® September 11, authorization. All applicants propose prescribed by the rules, it appears under September 16, and September 19, 1969, similar frequency use (with one excep­ these circumstances more reasonable to in an attempt to effect a reasonable over­ tion) and essentially the same route grant a waiver than accept the risk of all compromise between the parties or, (with stations similarly located). Matan­ harmful interference.7 Furthermore, in­ failing that, a compromise on the varied uska would construct what is generally asmuch as all of the applicants’ originally technical proposals which would enable termed a “ short haul” system with re­ proposed frequencies in the 6575-6875 the Commission to authorize, on a joint modulating transmitters while WUI, RCA MHz band, there would appear to be no and mutually agreeable basis, construc­ and Comsat would use heterodyne trans­ prejudicial factor in such use. However, tion pending resolution of ownership and mitters, a type normally used for longer the ultimate system operator will be ex­ other issues in a hearing. routes. Although the Comsat proposal is pected to reevaluate the necessity for R e q u e s t f o r I n t e r i m A u t h o r i t y very similar to RCA’s and W UI’s, there continued use of noncommon carrier are some differences. For instance, RCA frequencies at the 1976 license renewal 5. While no agreement was reached in would use horn type antennas through­ period. these meetings, each of the applicants out while W U I and Comsat would use 9. In considering the various p ro p o s a ls has subsequently requested that it be parabolic antennas, except on one path we have to give substantial weight to issued an interim authorization to con­ (Scotty Lake to Twelvemile) where Com­ RCA’s statement that it intends to u se struct the facilities subject to a final sat would use a horn type. Aside from these facilities as part of a Fairbanks to determination by the Commission in a the disagreement on frequency usage on Anchorage and south major route w h ic h hearing concerning ownership and other one path, which is discussed in the fol­ it will propose as a result of its c o m m it­ issues. Moreover, both Matanuska and lowing paragraph, the differences be­ ments with respect to the ACS p u r c h a s e . W UI indicate they would not oppose the tween the technical proposals of RCA, In view of the location of the facilities grant of interim authorization to Com­ Comsat, and W UI do not appear being considered in this proceeding, s u c h sat. However, RCA opposes an interim integration and expansion would seem to grant to any carrier other than itself. substantial. 6. Since the earth station is scheduled 8. Due to possible harmful interference be efficient and logical. While it a p p e a r s that the Matanuska proposal would be to be completed on about July 1, 1970, it. with the earth station, all of the appli­ satisfactory to serve the earth s ta t io n , is obvious, especially in light of the sub­ cants originally requested waiver of the we believe that the remodulating ty p e stantial' lead time necessary for ordering frequency allocation rules to permit electronic equipment, that the issuance them to use frequencies in the 6575-6875 equipment it proposes would not b e as of construction authorization cannot MHz Operational Ffixed-International satisfactory as heterodyne equipment if, await the resolution of the substantive band in both directions on the Scotty as expected, the system is later expanded to become a trunk route between m a jo r comparative issues even in an expedited Lake-Twelvemile path. However, on Oc­ hearing. Under these circumstances, un­ tober 7, 1969, Comsat amended its appli­ population centers in Alaska.8 T h e r e f o r e , less the Commission undertakes to cations to use 4 and 6 GHz common carrier frequencies on that path, stating authorize construction on an interim 7 One other alternative to the use of Op­ that it has concluded, that it is possible erational Fixed-International frequencies basis, service to a large segment of the to operate on common carrier frequencies would be the use of the 11 GHz (10,700- public will be substantially delayed, per­ “ without an undue risk of harmful inter­ 11,700 MHz) common carrier band. However, haps up to a year. The onus for any delay ference.” Shortly thereafter, the three RCA has convinced us that due to the propa­ other applicants amended their applica­ gation characteristics of those frequencies, clearly belongs to the competing appli­ an additional relay station would be re­ cants whose desire for private competi­ tions to propose essentially the same quired, adding substantially to system cost common carrier frequencies on the tive advantage necessarily conflicts with with possible adverse impact on system Scotty Lake to Twelvemile path.6 How­ reliability. their obligations to insure the availabil­ ever, RCA continues to assert the need 8 In a remodulating system, at each relay ity of service to the public, particularly for the use of noncommon carrier fre­ station the microwave signal received is when compromise on the technical pro­ quencies in the opposite direction (W UI demodulated down to the base band of trans­ posals would not have substantially mitted intelligence, amplified and then re­ and Matanuska would use 4 GHz fre­ modulated to a microwave frequency for quencies but different from Comsat). retransmission to the next station. In a * The cutoff date for filing mutually exclu­ Apparently, everyone agrees that absent heterodyne system there is no demodulation sive applications was extended by the Com­ to the base band, but only to an intermediate mon Carrier Bureau from the normal 60 frequency for amplification. Since full de­ days (pursuant to rule section 21.26(b)) to 8 Inasmuch as 30 days has not elapsed since modulation at each repeater introduces a September 2 because of the incomplete na­ public notice of such major amendments substantial cumulative noise factor, the use ture of the Comsat filings and the uncer­ (which have been determined to be consist­ of a heterodyne system is generally con­ tainties introduced by the sale of the ACS ent with Rule §21.26(b)), any person that sidered highly desirable for longer routes, facilities. j may be adversely affected by the use of such especially where circuit density Is heavy. 8 W U I was not represented at the August 14 frequencies should file a petition to inter­ (Fo r a more thorough discussion see, among meeting inasmuch it was not an applicant at vene in this proceeding in hen of a petition others, the Lenkurt Demodulator, Vol. 13, that time. to deny. No. 8.)

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18195 under these circumstances, it would ap­ far as that interstate link is concerned. C o nc lu sio n s pear that the technical proposals of (All America Cables and Radio, Inc., 15 16. In view of the foregoing, we are WUI. RCA, and Comsat are superior. As FCC 2d 1.) The fact that a section 214 granting authority to Comsat to immedi­ between these, we believe that Comsat application was not filed does not dero­ ately proceed with interim construction should be the chosen agent since it is not gate the applicability of title II. Where of the proposed facilities at Talkeetna, a contender for authorization as the per­ an application is made for radio authori­ Scotty Lake, and Twelvemile and to RCA zation which covers the entire service manent carrier. Matanuska and W UI to construct the Anchorage facility with have made a substantial concession in proposed, and all particulars thereof, no questions of ownership, interconnection, agreeing to interim construction by Com­ separate section 214 application is neces­ etc. to be determined in an expedited sary. (TransAmerican Microwave, Inc., sat. We have not been convinced by RCA hearing. In view of Comsat’s limited ob­ that construction by Comsat would sub­ 9 FCC 2d 159.) jective in this proceeding, Comsat will stantially prejudice its position in this P etitio ns for I nterconnection not be considered an applicant for per­ or any other proceeding. Accordingly, we 13. The petitions for interconnection manent authorization. However, it will will authorize Comsat to construction an be named a party, primarily for the pur­ interim basis pending a final Commis­ filed by Matanuska, WUI, and Comsat request the Commission to order RCA, or pose of retaining complete Commission sion decision, the facilities it proposes control over the interim construction and at Talkeetna, Scotty Lake and Twelve- other appropriate carrier, to build facili­ ties at Anchorage to connect the toll subsequent transfer of facilities to the mile, but using noncommon carrier fre­ carrier or carriers finally selected to be quencies as discussed in paragraph 8. center in that city with the southern terminus of their proposed facilities at the permanent operator. Since RCA’s In addition, we will likewise authorize place in this proceeding is largely de­ RCA to construct the station at Anchor­ Twelvemile. Involved would be the con­ struction of a microwave station, includ­ pendent upon its position as successor to age since it is the only carrier that has ACS, which has yet to be considered by applied for the necessary facilities at ing related multiplex equipment, in Anchorage which would transmit toward this Commission or the Alaska Public that location. Service Commission, any permanent au­ 10. In constructing these facilities we the Twelvemile station and in turn, re­ ceive transmission from that station. thorization to RCA that may result from will expect Comsat and RCA to coordi­ this proceeding will be conditioned upon nate in good faith with each other and Since we are granting an interim con­ struction authorization for that link to and subject to RCA being approved as the other applicants. We realize that the successor to ACS, unless it is shown some technical modification may be de­ Comsat and RCA, such interconnection is not likely to be a problem. However, that the public interest demands other­ sired or necessary in order to accommo­ wise.10 Likewise, it appears that W U I’s date appropriate interconnection or for we will frame an issue which will enable the Commission to order such intercon­ position is largely dependent upon fa­ other reasons. To the extent that such vorable Commission consideration of its modifications are agreeable to each ap­ nection as may be necessary upon the resolution of comparative, issues. recent section 214 application to provide plicant, we will delegate to the Common service to Alaska (file No. T-C-2274), Carrier Bureau authority to act on such 14. The petition filed by RCA request­ ing the Commission to order an intercon­ and, therefore, any permanent authori­ requests, consistent with normal pro­ zation to W UI that may result from this cedures, so that construction can go for­ nection between its proposed facilities and those of Anchorage Telephone pre­ proceeding will be conditioned upon and ward without undue delay. sents a different question. We understand subject to its certification in that pro­ O ther I ssues that there has been a controversy for ceeding, unless it is shown that the public some time between Anchorage Telephone interest demands otherwise. 11. To resolve ownership and other 17. Accordingly, it is hereby ordered, issues, we will designate the matter for and ACS over the operation of the Anchorage toll center and, in particular, That Communications Satellite Corp. is hearing with normal comparative issues. authorized to construct (and conduct It would serve no purpose to recite the the operation of direct distance dialing (DDD) equipment. ACS now operates the equipment tests) but not operate, facili­ various arguments made pro and con by ties at Talkeetna, £>cotty Lake, and each applicant since these generally re­ toll center and, of course, makes all inter­ connections for long distance calls. An­ Twelvemile, Alaska, as proposed in ap­ late to standard comparative considera­ plications 6406 through 6408-C1-P-69 tion. However, RCA has made several al­ chorage Telephone, which is owned by the city, states that it is committed to and P-C-7590, subject to the exception legations against Matanuska that are of the following paragraph, and RCA worthy of comment. In essence they are: the purchase of DDD equipment which it intends to install and operate. RCA, Alaska Communications, Inc., is author­ (a) That Matanuska is not financially as the appointed successor to ACS, con­ ized to construct (including equipment qualified to construct and operate the tends that the interconnection should tests) but not operate, facilities at An­ proposed facilities; be at the present Anchorage toll center. chorage, Alaska, as proposed in applica­ (b) That Matanuska has no State 15. In essence, the Anchorage contro­ tions 553-C1-P-70 and P-C-7585, pursu­ franchise authority to provide the intra­ versy involves the point and terms of ant to § 21.27(g) of the Commission’s state service it also proposes to provide interconnection for all long distance rules, upon condition that said authori­ over the microwave facilities; facilities, of which the proposed earth zations are subject to being withdrawn (c) That the operation of the proposed station microwave link would be only a if, at a hearing, it is shown that the pub­ facilities would be beyond the corporate small portion. In view of this and the lic interest will be better served by a powers of Matanuska as a cooperative need for expeditious action on the pro­ grant of one of the other applications. association; and posals before us, it does not appear de­ For the purposes of this authorization, (d) That Matanuska does not propose sirable to attempt to resolve the whole Communications Satellite Corp. and to be a carrier fully subject to title II of dispute in context with this proceeding. RCA Alaska Communications, Inc., are the Communications Act. However, we wil include gm issue to de­ considered trustees and are directed to 12. As to (a ), (b ), and (c ), they appear termine if there is any impediment to the maintain separate detailed accounts and to pose reasonable questions of fact, and interconnection of the proposed facilities records of all expenditures incurred in we will designate appropriate issues for and, if so, to order the interconnec­ such construction and to furnish copies resolution. In reference to (b ), if Mata­ tion including the terms thereof. Never­ thereof to the Commission or other ap­ nuska cannot show that it has the neces­ theless, we wish to make it clear, that plicants in this proceeding upon reason­ sary authorization to provide the local or the scope of such issue be restricted to in­ able request. intrastate service contemplated, the clude only those determinations that are 18. It is further ordered, That §§ 2.106 Commission can give little, if any, weight absolutely necessary to this proceeding.9 and 21.701(a) of the Commission’s rules to such use for comparative purposes in this proceeding. As to (d ), we consider 9 If the principal controversy is not subse­ 10 Also, since RCA’s section 214 applica­ any carrier proposing to provide a critical quently settled between the parties or at the tion requests, in part, authorization to pro­ hnk in what is essentially an interstate State level, the Commission may more appro­ vide service via satellite between Alaska and priately consider the matter in connection the lower 48 States, we wiU defer any action and international communication line to with the recently filed applications of RCA on that portion of the application until we ^ fully subject to title H of the Act inso­ to acquire the ACS facilities. have considered the ACS acquisition.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18196 NOTICES

are waived and Communications Satel­ (g) To determine whether it is neces­ filed by Western Union International, Mat­ lite Corp. is directed to utilize the fre­ sary and desirable to establish conditions anuska Telephone Association, and Com­ quencies proposed by RCA Alaska Com­ in order to insure that all present and munications Satellite Corp. munications in its application Pile No. future authorized carriers shall have Petition to deny applications of Western 554-C1-P-70 on the Twelvemile to Scot­ Union International, RCA Alaska Communi­ nondiscriminatory use of, and equitable cations, and Communications Satellite Corp. ty Lake path, using appropriate type ac­ access to, the communications satellite filed by Western Union Telegraph Co., mo cepted transmitters. system and, if so, the terms thereof; tion to dismiss filed in response thereto by 19. I t is further ordered, That the (h) To determine, in light of the evi­ RCA Alaska Communications, and opposi­ Chief, Common Carrier Bureau is dele­ dence adduced on the foregoing issues, tion by Western Union International. gated authority to act on any request whether and under what conditions the Petition to deny applications of RCA for authority to modify the technical public interest, convenience, and neces­ Alaska Communications filed by Matanuska Telephone Association, responsive pleadings proposal involved in the construction sity will be served by grant of any of the thereto. authorized above if such request is not captioned applications, and/or by the Petition to deny applications of RCA opposed by any other applicant. establishment of an interconnected sys­ Alaska Communications filed by' Western 20. I t is further ordered, Pursuant to tem, and which applicant or applicants Union International. section 309(e) of the Communications should be authorized, under what terms Petition to deny section 214 application of Act of 1934, as amended, That the cap­ and conditions, to acquire and operate Western Union International by Alaska tioned matters are designated for hear­ the facilities which are to be constructed Communications System. ing in a consolidated proceeding at the on an interim basis. Opposition of Alaska Communications System to petitions for interconnection filed Commission’s offices in Washington, D.C., 21 . I t is further ordered, That the by Western Union International and Com­ before an examiner and on a date to be hearing shall be held on an expedited munications Satellite Corp. hereafter specified by separate order, basis, and the record shall be certified to Petition to deny section 214 application of upon the following issues : the Commission by the examiner without Communications Satellite Corp. filed by (a) To determine, on a comparative an initial decision. Alaska Communications System. basis, whether and to what extent, the 22. It is further ordered, That the par­ Conditional petition to deny section 214 proposals of Matanuska Telephone As­ ties are allowed 30 days after the record and microwave applications of RCA Alaska Communications filed by Anchorage Tele­ sociation, Inc., RCA Alaska Communica­ is closed to file proposed findings and phone Utility. tions, Inc., or Western Union Interna­ conclusions, including briefs, and 10 tional, Inc., would better serve the public days thereafter to file replies. [F.R. Doc. 69-13493; Piled, Nov. 12, 1969; interest, convenience and necessity in­ 23. It is further ordered, That oral 8:50 a.m.] cluding the following: argument be held before the Commis­ (1) The rates, charges, practices, clas­ sion en banc, commencing at a date and [Docket No. 18714; PCC 69-1184] sifications, regulations, personnel, and time to be hereafter announced on the services; matters placed in issue herein. MARVIN C. HANZ (2) The proposed or required degree 24. It is further ordered, That Com­ Designating Application for Hearing of operational reliability and whether munications Satellite Corp., RCA Alaska such reliability is likely to be achieved; Communications, Inc., Matanuska Tele­ on Stated Issues (3) The cost of thç proposed system phone Association, Inc., Western Union In re application of Marvin C. Hanz, including estimated maintenance and International, Inc., Alaska Communica­ Las Cruces, N. Mex., Docket No. 18714, operating costs; tions System, Western Union Telegraph File No. BP-17044; requests: 1280 kc., 1 (4) The manner by which the facilities Co., Anchorage Telephone Utility, and kw., DA-Day, for construction permit. and services of the proposed system shall the Chief, Common Carrier Bureau are 1. The Commission has before it for be made available to authorized carriers; made parties to the proceeding. consideration (a) the above-captioned (5) The public policies and other con­ 25. It is further ordered, That the application; (b) a petition to deny filed siderations that may favor one carrier parties desiring to participate herein October 27, 1966, by Radio Alamogordo, over another; shall file their appearances in accord­ Inc., licensee of Station KINN, Alamo­ (b) To determine whether it is neces­ ance with section 1.221 of the Commis­ gordo, N. Mex.; (c) an opposition by the sary and desirable to establish physical sion’s rules. applicant; (d) a Petition to Deny, as connections between facilities at 26. It is further ordered, That all peti­ supplemented, filed December 4, 1967, by Twelvemile and facilities at Anchorage tions and motions, to the extent they are Las Cruces Broadcasting Co. (N.S.L.), within the meaning of section 201(a) of not granted herein, are otherwise denied. licensee of Station KOBE, Las Cruces, the Communications Act of 1934, as N. M ex.;1 (e) pleadings in opposition amended, and, if so, what connections, Adopted: October 29, 1969. and reply thereto; (f) a Motion to charges, facilities and regulations should Released: November 6,1969. Strike KOBE’S pleading, filed May 7, be established; 1968, by the applicant; (g) Opposition F ederal C ommunications (c) To determine whether any im­ to Motion to Strike; (h) a second peti­ C o m m is s io n ,1 pediment exists to the interconnection tion to deny filed January 27, 1969 by of the proposed facilities with the exist­ [ s e a l ] B e n F. W a p l e , Secretary. KOBE; and (i) pleadings in opposition ing facilities of the Anchorage Tele­ and reply thereto. phone Utility and, if so, to determine, A ppend ix 2. The first two petitions alleged that within the meaning of section 201(a) of Pleadings received by the Commission as of the proposed operation would involve the Communications Act what con­ October 29, 1969: prohibited overlap of 0.5 millivolt per nections, routes, charges, facilities, and Petition ¿to deny applications of Mata­ meter contours with Station KINN in regulations should be established; nuska Telephone Association, Inc., filed by violation of § 73.37(a) of the Commis­ (d) To determine whether Matanuska Alaska Communications System and respon­ sive pleadings thereto. sion’s rules. Field intensity measurement Telephone Association, Inc., has author­ data were submitted in support of the ity under its corporate charter as a co­ Petition to deny applications of Western Union International, Inc., filed by Alaska allegation. However, the applicant operative association to own and operate Communications System and opposition amended his application October 28,1968 the proposed facilities; thereto by Western Union International. Petition for grant or for conditional grant (e) To determine whether Matanuska 1 KOBE also purports to speak for the and designation for expedited hearing filed Telephone Association, Inc., is financially licensee of Station KGRT, Las Cruces. How­ by RCA Alaska Communications, Inc., and qualified to own and operate the pro­ ever, since the pleading is not signed by oppositions thereto filed by Matanuska Tele­ posed facilities; KGRT/we have considered licensee of KOBE phone Association and Western Union (f) To determine whether Matanuska International. as sole petitioner— an assumption which in Telephone Association, Inc., has all Opposition of RCA Alaska Communica­ no way affects the merits of this case. On tions, Inc., to petitions for interconnection the Commission’s own motion, the licensee necessary State authority to provide in­ of KGRT, Chaparal Broadcasting Services, trastate communications circuits as Inc., will be made a party to the hearing proposed; 1 Commissioner Robert E. Lee absent. ordered herein.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18197 to specify a directional antenna system titioner was not and is not now legally the applicant in other, simultaneous from a new site and removed any ques­ before the Commission in this matter; broadcast ventures, would propose a fa ­ tion of prohibited overlap of contours that Commission acceptance of its cility that would be directly and adverse­ with Station KINN. Thus, the aforemen­ amendment to a directional antenna ly competitive with Hanz’ proposed Las tioned pleadings filed prior to October 28, system in no way entitled petitioner to Cruces station. Petitioner suggests the 1968 have been rendered moot and will become a party to this application. Also strong likelihood that some form of un­ be dismissed. applicant states that it most certainly derstanding exists between the two Las 3. In its subsequent petition to deny has control of the acreage in the tract Cruces applicants raising both undis­ of January 27, 1969, the licensee of of land 'which includes the new proposed closed principal problems and potential KOBE, hereinafter called petitioner, transmitter site. violations of the duopoly prohibition alleged that the applicant’s amendment 6. With regard to petitioner’s allega­ (§ 73.35(a) of the Commission’s rules). of October 28, 1968, changing to direc­ tion concerning financing, applicant re­ 8. We first consider the applicant’s tional operation, was in patent violation fers to an attached letter dated Febru­ contention that KOBE’S petitions were of section 1.522(a) of the rules since a ary 20, 1969, to the .applicant from untimely. As previously noted, the KOBE copy of the amendment was not served Mr. Don Renault, a “Broadcast Consult­ petition filed December 4, 1967, has been on petitioner. Further, KOBE stated that ant” at Del Rio, Tex., who states that, rendered moot by the applicant’s amend­ it in. no way concedes that the amend­ “Your total cost will be $27,000 for a ment of October 28, 1968, and therefore, ment resolved the engineering problems, turnkey- job and our firm will arrange the timeliness of the earlier petition need and that petitioner was in the process of for a lease for at least $23,000 of this be of no concern. It is true, as the appli­ conducting a complete engineering study amount with lease payments to be made cant points out, that § 1.580 (i) of the to determine if suspected violations of at the rate of approximately $755 per Commission’s rules includes the proviso the Commission’s engineering require­ month”. The applicant further asserts that petitions to deny an application ments did in fact exist. Petitioner also that he has recently provided the Com­ which has been listed in a public notice alleged that the applicant had not indi­ mission with a firm letter of credit for fixing a “cutoff” date will not be accepted cated in any way that the proposed site $50,000 with complete details for repay­ after the date specified. However, the is available and that, while the appli­ ment. In referring to petitioner’s con­ proviso must be read with thé entire par­ cant’s amendment to a two tower direc­ tention concerning the proposal to allow agraph. The basic provision contemplates tional antenna system anticipates a maximum of 75 percent of commercial the acceptance of petitions to deny an greatly increased construction and op­ matter during a typical week, the appli­ application within thirty days of a public erating costs, applicant made no showing cant states that the 75 percent was a notice of the acceptance of a significant either as to an estimate or increased typographical error and the normal max­ amendment to an application. The pub­ expenses or as to the availability of ad­ imum will not exceed 30 percent. In lic notice of the acceptance of Hanz’s ditional liquid assets that will be re­ commenting on petitioner’s allegation amendment referred to the KOBE’S pe­ quired to construct and operate for 1 concerning his ascertainment of com­ tition of January 27, 1969, was released year. munity needs and interests, the appli­ on December 26, 1968. The 30-day period 4. An additional alleged infirmity by cant claims that he has conducted a provided in § 1.580Ü) expired on Satur­ petitioner is the applicant's failure to thorough investigation. day, January 25, 1969, and the petition adequately ascertain the community 7. In its reply of March 12, 1969, received on Monday, January 27 was, needs and interests; that although the petitioner states that while the appli­ pursuant to section 1.4 (i) of the rules, applicant claims to have interviewed a cant’s amendment to a directional timely. Thus, it was proper for petitioner cross-section of the business community antenna system would result in addi­ to express its reservation on the question and representatives of various local tional construction and operating costs, of whether the amendment resolved the groups, none of the persons is specifically no revision of the original cost estimates previous overlap question and to com­ identified by name, position and organi­ have been submitted. Petitioner also ment on the availability of the site and zation. In sum, petitioner contends, “the points out that the bank letter men­ the probable increased cost of the direc­ applicant’s so-called ascertainment of tioned in the applicant’s answer and tional antenna system over the previ­ community needs and interests and his exceptions is silent as to terms of repay­ ously proposed omnidirectional system. proposed programing, intended to fulfill ment or security. In addition the peti­ Although the matters of the applicant’s these needs, amounts to no more than a tioner draws attention to applications proposed commercial practices and the few paragraphs, so indefinitely stated, filed on February 27, 1969, in which the ascertainment of the needs and inter­ that they place a question whether a sur­ applicant is committed to furnish funds ests of the prospective listeners could vey was in fact taken at all”. Petitioner for the construction and operation of have been raised earliér, these matters also contends that the applicant proposes two other standard broadcast stations. concern questions which would have been to allocate an inordinate amount of time Regarding the applicant’s Claim to have raised on the Commission’s own motion. (75 percent) to commercial advertising, made a thorough investigation of the Therefore, it would not be appropriate far in excess of the limits of commercial needs and interests of the community, to dispose of petitioner’s contentions on matter normally felt by the Commission petitioner states that the applicant has procedural grounds alone. Accordingly, to be in the public interest. yet to furnish the necessary specifics re­ the Commission will consider the peti­ quired by the application form and case tion on the merits. 5. The applicant, in its response of precedent. With further reference to the 9. With regard to the applicant’s com­ February 24, 1969, to the KOBE petition applications previously mentioned which ment on the inadequacy of the petition­ to deny refers to the provisions of were filed on February 27, 1969, peti­ er’s “ brief hint at economic injury,” it § 1.580 (i) and states that the KOBE tioner points out that one of the appli­ appears that the applicant misconstrues pleading is not timely filed since the cations requests authority to construct the thrust of the petitioner’s reference “cut-off” date assigned under the pro­ still another standard broadcast station to the economic impact of another sta­ visions of § 1.571(c) of the Commission’s at Las Cruces, the applicant being Don tion in the community. It seems clear rules was October 28, 1966; that, peti­ Renault, Annie Emmons, Douglas A. that the petitioner was referring to the tioner’s brief hint of economic inj m y 2 Williams, and J. E. Shahan doing busi­ well settled principal that an existing did not provide the Commission with the ness as Desert Radio, File No. BP-18506'. station is a party in interest with stand­ very basic ingredients necessary to de­ Petitioner notes that Don Renault is a ing to oppose the application of a termine if such injury did in fact exist partner with the applicant in an appli­ prospective competitor. Federal Com­ and that the pleading was filed in excess cation for a construction permit for a munications Commission v. Sanders °f 1 year past the “ cut-off” date of new standard broadcast station at Brothers Radio Station, 309 U.S. 470, the application. Applicant further states Bossier City, La., and Annie Emmons is 9 R.R. 2008 (1940). Accordingly, the that it was not required to advise a partner with the applicant in an ap­ Commission finds that KOBE has stand­ petitioner of any amendment since pe- plication for a new standard broadcast ing to oppose the Hanz application. station at Ozona, Tex. Petitioner ques­ 10. As previously noted, KOBE has * Referring to KOBE’S original petition to tions whether the Desert Radio princi­ stated that it did not concede that Hanz deny of Dec. 4, 1967. pals with close business relations with had resolved the engineering problem by

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18198 NOTICES amending to specify the use of a direc­ tion with proposed new stations in Bos­ Commission for a period of several tional antenna. However, the petitioner sier City, La., and Ozona, Tex. months. When the Commission does has not pursued the matter further. Also 13. In Suburban Broadcasters, 30 FCC reach the Desert Radio application for as previously noted, the Commission has 1021, 20 R.R. 951 (1961) ; Public Notice action, appropriate consideration will be examined the directional proposal and of August 22, 1968, FCC 68-847, 13 R.R. given to this matter in the light of what­ finds that the problem of any possible 2d 1906 and City of Camden, 18 FCC 2d ever develops in the meantime. overlap with K INN has been resolved. 412, 16 R.R. 2d 555 (1969), the Commis­ 15. Since the filing of the Bossier City 11. With reference to KOBE’S allega­ sion has indicated that applicants are and Ozona applications, Hanz has failed tion concerning the availability of the expected to provide full information on to amend his Las Cruces application to transmitter site and proposed commer­ their awareness of and responsiveness to reflect the pendency of those applica­ cial practices, an amendment to the ap­ local community needs and interests. Al­ tions. Moreover, the Las Cruces appli­ plication filed April 10, 1969, appears to though the applicant claims to have con­ cation was not amended to show the fil­ resolve these questions. The applicant ducted a thorough investigation into the ing of an application for Commission points out that the proposal to allow 75 needs and interests of the community, his consent to the assignment of the license percent commercial matter was a typo­ contacts appear to have been confined to of KABH, Midland, Tex., to a corporation graphical error and now proposes to al­ the business community, Chamber of in which Hanz had an interest. That ap­ low a normal maximum of 30 percent Commerce and service clubs, to the ex­ plication was filed in December 1968 but commercial matter. The applicant sub­ clusion of other members of the listening dismissed in July 1969. Furthermore, the mitted a lease agreement which appears public and community leaders. None of application was not amended to reflect to establish the availability of the trans­ the contacts were identified by name. the acquisition by Hanz in 1968 of an mitter site. The applicant claims to have found an interest in KW FR, San Angelo, Tex. 12. Regarding the applicant’s financial interest in a “ Country and Western” Therefore, it appears that the applicant proposal, in addition to the matters program format, but gives nothing in the has, during the pendency of the appli­ raised by KOBE, there are other aspects way of community needs having been as­ cation failed to comply with section-1.65 of the financial material which require certained. The applicant does not include of the Commission’s rules in that he has clarification. The balance sheet filed With any comments of the persons interviewed failed to inform the Commission of the application is dated November 1, and, with the exception of brief descrip­ changes material to his application. An 1965, and is not sufficiently current to tions of a few program features, he does issue inquiring into this matter will be provide a proper basis for a determina­ not provide a listing of specific programs specified. tion of the applicant’s present financial responsive to specific community needs 16. From the information before the position. The applicant has apparently as evaluated. Therefore, a Suburban is­ Commission, it appears that, except as abandoned his plan to acquire equip­ sue will be specified. indicated by the issues below, the appli­ ment from Gates Radio Co., at a cost 14. Three applications for standard cant is qualified to construct and operate of approximately $32,000. Instead, the broadcast stations mentioned by KOBE as proposed. However, in view of the applicant incorporates a letter from a foregoing, the Commission is unable to radio consultant offering a “ turnkey job” which were filed on February 27, 1969, make the statutory finding that a grant at a total cost of $27,000, but there is no are the following: of the application will serve the public indication of whether the quoted cost BP-18505 Marvin C. Hanz, Annie Emmons interest, convenience and necessity, and is for equipment only or whether it in­ and Joel E. Wharton doing is of the opinion that the application cludes the construction of a building at business as Ozona Broadcasting must be designated for hearing on the the proposed site on which it appears, Co., Ozona, Tex. Requests: 1090 issues set forth below. from an examination of the applicant’s kc., 1 kw„ Day. 17. I t is ordered, That, pursuant to site photograph, there is no building at BP—18506 Don Renault, ' Annie Emmons, Douglas A. Williams, and J. E. section 309(e) of the Communications present. There is no explanation of how Shah an doing business as Des­ Act of 1934, as amended, the application it is possible to construct a station with ert Radio, Las Cruces, N. Mex. is designated for hearing, at a time and a two-tower directional antenna array Requests: 1090 kc., 50 kw. (5 place to be specified in a subsequent or­ for less than the original estimate for a kw.-CH), Day. der, upon the following issues: single antenna tower. The applicant’s BP—18507 Don Renault, Joel E. Wharton, 1. To determine whether the applicant payments under this arrangement are and Marvin C. Hanz doing busi­ is financially qualified to construct and said to be approximately $755 per month, ness as Bossier Broadcast Co., operate his proposed station. presumably after a $4,000 down payment. Bossier City, La. Requests: 1300 kc., 1 kw., Day, 2. To determine the efforts made by Assuming the $27,000 covers the cost of the applicant to ascertain the commu­ equipment alone, this appears to be un­ As may be observed, of all the members nity needs and interests of the area to usually low for an installation of the type of the three partnerships, four of those be served and the means by which he proposed. Moreover, there is no indica­ individuals, Marvin C. Hanz, Annie Em­ proposes to meet those needs. tion of who the lessor might be or mons, Joel E. Wharton, and Don Renault, 3. To determine whether the applicant whether the lessor has the financial abil­ have interests in two of the partnerships, has kept the Commission advised of ity to accomplish whatever is to be done. but none has an interest in all three. In “substantial and significant changes” as The applicant has submitted a letter addition to the relationships indicated required by § 1.65 of the Commission’s from the San Angelo National Bank of­ above, Renault and WTiarton presently rules; and, if not, whether the applicant fering what appears to be a line of serve Hanz as an individual applicant as possesses the requisite qualifications to credit of up to $50,000 and stating that consulting engineers and, apparently, be a Commission licensee. the current interest rate is 8 percent per Renault will have a substantial part in 4. To determine, in the light of the annum, but no terms of repayment or financing Hanz’s Las Cruces station. In evidence adduced pursuant to the fore­ security is indicated. Thus, it cannot be the light of these relationships, it seems going issues, whether a grant of the ap­ determined what the applicant’s obliga­ reasonable to infer that there is some plication would serve the public interest, tion to the bank during the first year understanding, as yet undisclosed, con­ convenience and necessity. of operation will be nor can it be deter­ cerning the operation of the proposed 18. It is further ordered, That the Las mined whether any security required will Las Cruces stations. These relationships Cruces Broadcasting Co. (N.S.L.) and affect other resources the applicant may also give rise to the inference that, in Chaparral Broadcasting Services, Inc., have. Furthermore, other applications practice, the Las Cruces stations may be licensees of Stations KOBE and KGRT, on file indicate the applicant has other operated under what, in effect, is com­ respectively, are made parties to the financial commitments which are sub­ mon control. However, a consideration proceeding. stantial. It is apparent that the applicant of possible contravention of § 73.35(a) 19. I t is further ordered, That the peti­ must seek leave to file a completely re­ of the rules would be premature at this tion to deny filed October 27, 1966, by vised financial amendment and to estab­ time. The Desert Radio application is Radio Alamogordo, Inc., the petition to lish on the hearing record whether he now under study by the Commission’s deny filed December 4, 1967, by the Las has the resources to meet all current staff, but it may be anticipated that it Cruces Broadcasting Co. (N.SX.) and commitments including those in connec­ will not be reached for action by the supplements thereto and the applicant’s

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18199 motion to strike all KOBE pleadings filed facilities in the Domestic Public Land (a) To determine, on a comparative prior to May 7, 1968, are dismissed as Mobile Radio Service at Dubuque, Iowa, basis, the nature and extent of service moot. utilizing the frequency 152.15 Mc/s proposed by each applicant, including 20. It is further ordered, That the peti­ (base), 158.61 Mc/s (mobile) and addi­ the rates, charges, maintenance, person­ tion to deny filed January 27, 1969, by tional mobile frequencies.1 nel, practices, classifications, regulations KOBE is granted to the extent indicated 2. Telegraph and Answer are each and facilities pertaining thereto. above and is denied in all other respects. seeking to provide communications serv­ (b) To determine whether Telegraph 21. It is further ordered, That the ice on the same frequency in the same would, under its present proposal, accord burden of proceeding with the introduc­ general area and it appears that these to the common carrier facility the priori­ tion of the evidence and burden of proof applications are mutually exclusive by ties required by § 21.205 (o) of the Com­ with respect to all issues herein shall be reason of potential harmful electrical mission’s rules. upon the applicant. interference. Therefore, a comparative. (c) To determine whether any harm­ 22. It is further ordered, That, to avail hearing is required to determine whether ful interference (within 37 dbu contours themselves of the opportunity to be a grant to either of the applicants would of the proposed base stations) would re­ heard, the applicant and parties respond­ serve the public interest, convenience sult from simultaneous operations on ent, pursuant to § 1.221(c) of the Com­ and necessity. the frequency 152.15 Mc/s by Telegraph mission’s rules, in person or by attorney, 3. Section 21.504(a) of the rules and and Answer; and, if so, whether such shall, within twenty (20) days of the regulations of this Commission describes interference would be intolerable or mailing of this order, file with the Com­ a field strength contour of 37 decibels undesirable. mission in triplicate, a written appear­ above one microvolt per meter as the -(d ) To determine, on a comparative ance stating an intention to appear on limit of reliable service area for base basis, the areas and populations that the date fixed for the hearing and pre­ stations engaged in two-way communi­ Telegraph and Answer propose to serve sent evidence on the issues specified in cations service in the 150-162 Mc/s band; within their respective 37 dbu contours, the order. and propagation data set forth in section. based upon the standards set forth in 23. It is further ordered, That the ap­ 21.504(b) are a proper basis for estab­ paragraph 3 above; and to determine the plicant shall, pursuant to section 311(a) lishing the location of service contour need for the proposed services in said areas. (2) of the Communications Act of 1934, (F50.50) for facilities involved in this as amended, and § 1.594 of the Commis­ proceeding. The procedures for determin­ (e) To determine, in light of all the sion’s rules, give notice of the hearing ing the latter are set forth in the Com­ evidence adduced on all the foregoing is­ within the time and in the manner mission’s Report No. R-6406 entitled sues, whether or not the public interest, prescribed in such rule, and shall advise convenience or necessity will be served by “Technical Factors Affecting the As­ the Commission of the publication of a grant of any or all of the captioned such notice as required by § 1.594(g) of signment of Facilities in the Domestic applications, and the terms or conditions the rules. Public Land Mobile Radio Service.” which should be attached thereto, if any. 4. Section 21.205(o) of the Commis­ Adopted: October 29, 1969. 7. It is further ordered, That the sion’s rules concerns the personnel re­ burden of proof on the issues (a ), (c), Released: November 7, 1969. quirements for common carriers. It re­ (d ), and (e) is placed on the respective quires that a licensee have available on applicants herein, and the burden on is­ F ederal C ommunications call at all times (either as an employee C o m m is s io n ,3 sue (b) is placed on Telegraph. or through appropriate contractual ar­ 8. It is further ordered, That the par­ [ seal] B e n F. W a p l e , rangement with a person holding the Secretary. ties desiring to participate herein shall requisite class of radio operator license) file their notice of appearance in accord­ [F.R. Doc. 69-13494; Piled, Nov. 12, 1969; a licensed first— or second-class com­ 8:50 a.m.] ance with the provisions of § 1.221 of the mercial radio operator (either radiotele­ Commission’s rules. phone or radiotelegraph, as may be ap­ [Docket Nos. 18716,18717; FCC 69-1188] propriate for the type of emission being F ederal C ommunications used) to perform necessary, and expedi­ C o m m is s io n ,1 TELEGRAPH-HERALD, INC. AND [ s e a l ] B e n F. W a p l e , tious servicing and maintenance of the Secretary.' ANSWER-IOWA, INC. radio facilities. Telegraph proposes to utilize the operations manager, chief en­ [P.R. Doc. 69-13495; Piled, Nov. 12, 1969; Designating Applications for Consoli­ 8:50 a.m.] dated Hearing on Stated Issues gineer, transmitter engineers and non­ technical personnel of its radio broad­ In re applications of Telegraph- cast stations, KFMD and KDTH, in [Dockets Nos. 18559-18563; PCC 69R-435] Herald, Inc., Docket No. 18716, File No. servicing and maintaining its proposed 3637-C2-P-67; for a construction per­ facility in the Domestic Public Land Mo­ UNITED TELEVISION CO.r INC. mit to establish new facilities in the bile Radio Service. The extent of person­ (WFAN-TV) ET AL. Domestic Public Land Mobile Radio nel sharing raises the issue of whether Memorandum Opinion and Order Service at Kieler, Wis. Answer-Iowa, Inc. Telegraph’s proposed common carrier Docket No. 18717, File No. 3982-C2-P- facility will be accorded the priorities Enlarging Issues 67; for a construction permit to establish which the Commission’s rules require. In re applications of United Television new facilities in "the Domestic Public 5. It appears that except for the mat­ Co., Inc. (W F A N -T V ), Washington, D.C., Land Mobile Radio Service at Dubuque, ters placed in issue herein, both appli­ Docket No. 18559, File No. BRCT-585; Iowa. cants are financially, technically, legally for renewal of license; Washington Com­ 1. The Commission has before it for and otherwise qualified to render the munity Broadcasting Co., Washington, consideration: (a) an application filed services they have proposed. D.C., Docket No. 18560, File No. BPCT- February 14, 1967, by Telegraph-Herald, 6. Accordingly, in view of our conclu­ 3849; for construction permit for new Inc. (Telegraph) for a construction per­ sions above: It is ordered, Pursuant to television broadcast station; United Tele­ mit to establish new two-way facilities in the provisions of section 309(e) of the vision Co., Inc. (W FA N -TV ), Washing­ the Domestic Public Land Mobile Radio Communications Act of 1934, as ton, D.C., Docket No. 18561, File No. Service at Kieler, Wis., on frequency amended, that the captioned applica­ BPCT-3917; for construction permit; 152.15 Mc/s (base) and 158.61 Mc/s tions are designated for hearing, in a United Broadcasting Co., Inc. (W OOK), (mobile); and, (b) an application filed consolidated proceeding, at the Com­ Washington^ D.C., Docket No. 18562, March 20, 1967, by Answer-Iowa, Inc. mission’s offices in Washington, D.C. on File No. BP-1104; for renewal of license; (Answer) for a construction permit to a date to be hereafter specified, upon the Washington Community Broadcasting establish new two-way and one-way following issues: Co., Washington, D.C., Docket No. 18563,

3 Commissioner Robert E. Lee absent; Com­ 1 The additional frequencies are 158.49, missioner Johnson concurring in the result. 158.52, 158.55, 158.58,158.64, and 158.67. 1 Commissioner Robert E. Lee absent.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18200 NOTICES

File No. BP-17416; for construction per­ 2. In support of the requested issues, to illegal gambling, and is contrary to the mit for new standard broadcast station. Community alleges that, every Sunday, public interest. Community submits ex­ 1. This proceeding involves, in part, station WOOK carries many hours of cerpts from eight broadcasts which, It the applications for renewal of licenses spurious “religious” programs which are, argues, are typical of the “religious” of television broadcast station W FAN- in reality, simply devices for obtaining programs being offered on the station TV (formerly W O O K-TV) and standard moneys by promising “inside tips” on the and which allegedly establish a prima broadcast station WOOK, Washington, numbers lottery in the Washington, D.C., facie showing in support of its instant D.C., licensed to United Television Co., area.3 While these programs do not usu­ request.® According to petitioner, the Inc., and United Broadcasting Co., Inc., ally include the words “numbers” or program speakers: (a) Usually promise respectively (collectively referred to as “ bet”/ Community avers that three-digit help to the listener by offering to give or “ United’') ; and the applications of scripture references are used as a verbal mail three-digit scripture numbers which Washington Community Broadcasting subterfuge for lottery number “ tips”. the recipient is to use for a “financial Co. (Community), for the frequencies Thus, a reference to the “ 74th Psalm and blessing” ; and (b) claim to have brought now occupied by stations W FAN-TV and the 7th verse” allegedly refers to the lot­ “financial blessings” to others by pre­ WOOK. By Memorandum Opinion and tery number “ 747” . Such programing, viously giving them such scripture ref­ Order, 18 FCC 2d 363, 16 R.R. 2d 621, Community argues, violates 18 U.S.C. erences. released June 13, 1969, the Commission section 1304 and section 73.122 of the 3. In petitioner’s view, the most bla­ designated these applications for hear­ Commission’s rules/ constitutes an aid tant promotion of the “numbers” lottery ing on Suburban and deceptive adver­ occurred on a program of one Reverend tising issues against United and standard John W. Dow, broadcast on June 15,1969. comparative issues. Presently before the 3 According to a letter of John B. Layton,During this broadcast, Reverend Dow al­ Review Board is a petition to enlarge is­ former Chief of Police of the District of Co­ lumbia, attached to the petition: legedly read testimonials from persons sues, filed June 23, 1969, by Community1 who had visited him 2 weeks before (on which seeks, in general, the addition of The “numbers game” is a form of gambling in which a player attempts to pick a number June 2, 1969, and who had received issues to determine whether station “straight hits” or “straight blessings’” WOOK “has been carrying programs or combination of numbers up to three and wagers an amount of money with the person on June 3, 1969), by “ using” the “37th that, in the guise of religion, actively or persons operating the lottery. The win­ Psalm and Sixth Verse.” According to promote the illegal lottery known as the ning numbers in question are derived from petitioner, the winning number in the ‘numbers’ game” and whether carriage taking the total parimutuel payoff on the numbers lottery on June 3,1969, was 376. of such programs reflect adversley on win, place and show horses in certain races Petitioner avers that Reverend Dow (usually the 5th, 7th, and 9th) at a given United’s qualifications to be a Commis­ race track each day. The payoffs on a two urged his listeners to visit him on June sion licensee.2 dollar wager on win, place and show are 16th because, while driving into the city, •totaled for the horses who finish in the “he had seen in the heavens ‘a number’ money. The winning number is the first and then ‘another number’ and that he 1 Also under Board consideration are: (a) number to the left of the decimal point for would give them out, one for ‘Tuesday’ Comments, filed June 26, 1969, by the Broad­ each race. For example with the total pari­ cast Bureau; (b ) opposition, filed July 22, mutuels for the 5th race, $41.40, the 7th race and the'other for ‘Thursday’ ”. Commu­ 1969, by United; (c) supplement and request $35.60 and the 9th race $28.40; it would estab­ nity cites numerous other examples of to file supplement to opposition, filed July 30, lish the number of the day as 158. By taking three-digit scripture references offered 1969, by United; (d) letter of counsel for the numbers from three races, the operator Community, dated Aug. 4, 1969; (e) fur­ of the lottery derives a lead number, 2nd by station WOOK speakers which al­ ther supplement and request to file further and 3rd number. The player may play any legedly correspond to daily winning num­ supplement to opposition, filed Aug. 20, 1969, one of the three numbers singly, in parlay bers.8 Petitioner estimates that the by United; and (f) reply, filed Aug. 22, 1969, with another number, or attempt to pick all by Community. three numbers for the day. mathematical odds against guessing a 2 The addition of the following specific * Community submits that, on occasion, three-digit number are 1,000 to 1, issues is requested by Community: the actual word “numbers” and other gam­ against guessing two such three-digit (a ) To determine whether W O O K has been bling terminology are based on the broad­ numbers are 1 million to 1, and against carrying programs that, in the guise of reli­ casts. gion, actively promote the illegal lottery 6 18 U.S.C. section 1304 reads: guessing three such numbers are 1 known as the “numbers” game and seek billion to 1, and that, therefore, a money from listeners by promising sup­ Whoever broadcasts by means of any radio posedly “inside” or “sure” tips on winning station for which a license is required by any question, is also raised as to whether the numbers in such lottery; law of the United States, or whoever, operat­ “preachers” in their factual claims are ing such station, knowingly permits the (b) To determine what revenues WOOK guilty of false, misleading and deceptive derives from said programs; broadcasting of, any advertisement of or in­ (c) To determine whether said broadcasts formation concerning any lottery, gift enter­ advertising. Community argues, however, reflect adversely on the qualifications [of] prise, or similar scheme, offering prizes that the Commission need not concern dependent in whole or in part upon lot or United Broadcasting Co., Inc., and United itself with this question of guilt, for, in Television Co., Inc. (herein both called chance, or any list of the prizes drawn or “United”) , to operate stations in the public awarded by means of any such lottery, gift any event, the programs are clearly con­ interest in that: enterprise, or scheme, whether said list con­ trary to the public interest in that they tains any part or all of such prizes, shall be (1) Carrying such programs violates the “prey on the gullibility of the poor ghetto provisions of 18 U.S.C. sec. 1304 and § 73.122 fined not more than $1,000 or imprisoned not of the Commission’s rules, proscribing the more than one year, or both. Each day’s dwellers to whom the programs are di­ “advertisements of or information concern­ broadcasting shall constitute a separate rected, all to the financial benefit of offense. ing” a lottery; organized crime, the ‘preachers’ and (2) Carrying such programs violates the Section 73.122(a) of the Commission’s rules Commission’s “long established concern that reads: broadcast stations not be used to aid illegal An application for construction permit, * In an affidavit attached to the petition to gambling” (See Report and Order on Broad­ license, renewal of license, or any other au­ enlarge issues, Community’s counsel, on the cast of Horse Race Information, 2 R.R. 2d thorization for the operation of a broadcast basis of his own monitoring of station 1609, at. 1612); station, will not be granted where the appli­ WOOK, affirms the accuracy of the quotations (3) Carrying such programs, by encourag­ cant proposes to follow or continue to fol­ from, and the description of, the broadcasts ing poor “ghetto” listeners to spend money low a policy or practice of broadcasting or in question. not only to bet on the lottery known as the permitting “the broadcasting of any adver­ 7 Petitioner submits that, in gambling par­ “numbers” game but also to pay for sup­ tisement of or information concerning any lance, the term “hit” is the numbers term posed tips on winning numbers, aggravates lottery, gift enterprise, or similar scheme, for a winning bet whether on one, two, or the already severe plight of such listeners. offering prizes dependent in whole or in part three numbers; a “straight hit” is a winning (4) Carrying such programs helps fill the upon lot or chance, or any list of the prizes bet on a three-digit number. coffers of organized crime as well as inuring drawn or awarded by means of any such lot­ 8 In various instances, the speaker urges to the financial profit of United. tery, gift enterprise, or scheme, whether said the listener to send in “love offerings” for (5) Carrying such programs constitutes list contains any part or all of such prizes. which he promises help in the form of a false, misleading and deceptive advertising. (See 18 U.S.C. 1304.) “Bible scripture.”

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18201

United itself.” * The Broadcast Bureau is future winners is required in order to of the individuals with whom bets may of the view that Community has set forth render section 1304 applicable; that such be placed are not announced; and that facts sufficient to warrant an enlarge­ results and predictions are contained in the numbers game in the Washington, ment of the issues. However, the Bureau various “ tip sheets” and newspapers D.C., area generally follows the same pat­ disagrees with the issues as framed by which are freely sold in the Washington tern, with the same winning number and Com m unity in that they are argumenta­ area; and that the information con­ odds. Community also avers that section tive and are not designed to elicit perti­ tained iri the programs did not relate to 1304 is broader in scope than the postal nent facts relevant to the ultimate de­ the operation of a “specific lottery” ,“ statute and prohibits (in addition to any termination to be made herein in regard but rather to the numbers game in gen­ “advertisement” of a lottery) “any in­ to United’s renewal applications and sug­ eral. Finally, United contends that it has formation concerning” a lottery; and gests alternatives.10 not been Commission policy to pass judg­ that the Commission has previously held 4. Without conceding Community’s al­ment on the merits of individual broad­ that a licensee had “ permitted the facili­ legations to be true,11 United suggests casts, but rather to consider types of ties of the station to be used to broad­ that the Board assume, for the purpose of programing in connection with the over­ cast information pertaining to a lottery” disposing of the instant petition, that the all performance of a station; and that, where announcements of the names of broadcasts in question mentioned past therefore, the instant questions, includ­ the winners of a lottery already con­ winning numbers and invited listeners ing whether the programs, in fact, were cluded were broadcast. (Metropolitan to contact the preachers to secure future an aid to illegal gambling, whether they Broadcasting Corp. (W M B O ), 5 FCC 501 winning predictions. United submits, were portions of bona fide religious pro­ (1938).) With respect to United’s claim however, that Community has not alleged grams and whether the licensee exer­ that it did not “knowingly” broadcast sufficient facts to warrant an inquiry cised adequate supervision and care in programs involving numbers tips, Com­ into a violation of 18 U.S.C. section 1304. their presentation, may be explored munity notes the difficulty of ascertain­ United offers an affidavit of Saul J. Min- under the standard comparative issue in ing whether an act was knowingly com­ del, former assistant general counsel in this proceeding. mitted, but, in any event, avers that the Post Office Department, who avers 5. United’s supplement to opposition “ United was put on notice as early as that the lottery provisions of 18 U.S.C. contains a letter from Jerry Wilson, act­ January 1967 (when Community filed its section 1304 are almost identical with ing Chief of Police for the District of petition to deny), that at least one of the provisions of the postal lottery Columbia, which states that, although a United’s religious broadcasts was openly statute, 18 U.S.C. section 1302; that the letter from the former Chief of Police was encouraging gambling. In addition, Com­ courts have interpreted the broadcasting submitted with the Community petition munity argues that the broadcasts vio­ statute through previous administrative (see footnote 3, supra), it was not the lated 18 U.S.C. section 1952 since the and judicial constructions of the postal intent of the Police Department or the programs plainly utilized a “facility of law; and that, if reduced to writing, Chief of Police to endorse the allegations interstate commerce” to promote an “un­ the subject broadcasts would be mail- contained in Community’s petition. Ac­ lawful activity.” 14 Furthermore, while able under the postal statute. In addition, cording to the statement, the correspond­ the sale of “ tip sheets” may not consti­ United notes that the lottery statute pro­ ence was merely designed to describe the tute a violation of District of Columbia hibits a station operator from knowingly operation of the numbers game in the law, petitioner asserts that this has no permitting the broadcasting of lottery Washington, D.C., area. bearing on the question of whether inter­ information and argues that the station 6. In its reply, Community argues that, state shipment of tip sheets or interstate personnel who were directly responsible contrary to United’s claim that the broadcast of promises of tips violates for the presentation of these programs broadcasts related to “ the numbers game Federal law or Commission policy. Final­ were not aware of any connection be­ in general” , the programs dealt with a ly, inasmuch as United allegedly failed tween these broadcasts and the numbers very specific lottery, i.e., the one cur­ to dispute Community’s charge that the game. Affidavits to this effect are sub­ rently played in the Washington, D.C.,' predictions of the preachers were prima facie fraudulent due to the mathemati­ mitted by. United’s general manager and area; that specific three-digit “ tips” were cal odds against selecting winning num­ by its marketing and promotion man­ discussed for particular days; that, for ager. Furthermore, United argues that, bers, Community urges that addition of based on general administrative practice obvious reasons, the names and addresses an issue to determine whether United followed by the Commission, something took adequate safeguards against the more than the announcement of past 12 United contends that the statutes under airing of such fraudulent claims.15 results of a lottery or of predictions of consideration are penal and, therefore, have 7. Initially, the Board recognizes that, been strictly construed. According to Mindel, in considering the questions raised by ’ Community attaches to its petition a the broadcasts cannot be considered “adver­ the instant pleadings, matters relating newspaper transcript of President Nixon’s tisements of a lottery”, for there is an ab­ to first amendment privileges and re­ Apr. 23,1969, message to Congress concerning sence of information concerning any specific ligious censorship cannot be overlooked. organized crime. Therein, the President esti­ numbers game operation, i.e., where or with mates that the “take” from illegal gambling whom a person may bet; how much he may However, as stated in American Broad­ in the United States ranges from 20 to 50 bet; what prizes may lie awarded. Mindel casting Company, Inc. v. United States, billion dollars. Petitioner also contends that cites various cases in support of his proposi­ 110 F. Supp. 374 [8 R R 20551 (S.D. N.Y. United is a beneficiary of the proceeds of tion that more than the announcement of 1953), affirmed sub nom. FCC v. Amer­ this illegal conduct through the moneys it past winning numbers and prediction of ican Broadcasting Company, Inc., 347 receives for carrying these programs; it is future numbers is required for a criminal U.S. 284 [10 RR 2030] (1954), the first estimated that United’s income from this violation: Halseth v. United States, 342 U.S. source runs into “many thousands of dollars 277 (1952); France v. United States, 164 amendment guarantee “ does not shield & year.” U.S. 676 (1897); United States v. Azar, 243 either the individual or the press, or 10 The Bureau recommends the addition o f. F. Supp. 345 (D.E.D. Mich. 1964). In addition, any media for the communication of the following issues: United has filed a copy of the recent deci­ To determine whether Station W O O K per­ sion in The New York State Broadcasters thought, from the application of crim­ mitted the carriage of programs which pro­ Association, Inc. v. United States, Case Nos. inal laws designed for the protection of moted and gave information concerning lot- 633 and 634 (C.A. 2d Cir. 1969) [16 RR 2d teries and whether the carriage of such pro­ 2179] in support of its position. Due to rele­ grams constituted a violation of 18 U.S.C., vancy of this recent opinion, the Board finds 14 Petitioner also notes that in United section 1304. (Footnote omitted.) good cause for the filing of a copy of this States v. Azar, supra, cited by United, the To determine whether Station W OOK per­ decision as a further supplement to United’s court found the defendants guilty of violat­ mitted the carriage of prograpis in which opposition. ing 18 U.S.C. section 1952. isteners were promised advice in making bets 13 The Board finds good cause to grant “ In the Board’s view, matters relating to A lotteries and whether the carriage of such United’s request to file this supplementary alleged false, misleading or deceptive adver­ Programs fulfilled the licensee’s obligation to pleading and has considered its contents. A tisements may be properly considered at operate Station W O O K in the public interest. letter from Community’s counsel, dated hearing through modification of existing United does not dispute that the subject Aug. 4, 1969, to the Chief of Police of the issues. The inquiry specified by existing Issue roadcasts were aired and does not challenge District of Columbia, stating that there was 1, therefore, will be modified as indicated ~e Authenticity of the program excerpts no intention to imply Police Department herein to include a determination of whether nered by Community in support of its endorsement of the petition to enlarge is­ the broadcasts in question constituted false, Petition. sues, has also been considered. misleading, or deceptive advertising.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------7 18202 NOTICES

the general public.” Section 1304 neither of knowledge of the nature of the broad­ munication), relates only to “any adver- improperly restricts broadcasters to an casts in question is insufficient to resolve tisement of any lottery” and does not official government view nor inhibits the the question of section 1304 violation, address itself to “ any information con­ free expression of ideas by reason of for the very texts of the broadcasts, cerning any lottery” as does section 1304 overbreadth. See The New York State themselves, and the apparent subterfuge Since the applicability of this portion of Broadcasters Association, Inc. v. United employed therein (assuming the truth section 1304 could be the ultimate deter­ States, supra. Thus, to the extent that a of the allegations), the asserted notice mination here, we cannot accept the substantial question is raised concerning of the subterfuge in Community’s peti­ opinion of United’s postal expert that Station WOOK’s alleged violation of sec­ tion to deny of January 1967, and the the mailability of the material at issue tion 1304,18 an inquiry into such matters Commission’s recitation of that specific here necessarily is dispositive of Com- at an administrative hearing is not fore­ example in its designation order,20 per­ munity s request. In the final analysis closed by claims of constitutional right, suasively argue for the conclusion that then, we must conclude, on the basis of and we reject United’s claim that such the licensee did have knowledge of the the showing before us and with recogni­ an inquiry here would involve religious nature and purpose of the broadcasts tion of available judicial and administra­ censorship. in question. I f the licensee persists in tive precedent, that a serious question 8. In the New York State Broadcastersits disclaimer of knowledge in order to has been raised concerning the possible Association, Inc. v. United States, supra, refute the strict application of the stat­ violations of section 1304 of title 18 and the Court of Appeals for the Second utory provisions, and if it is ultimately § 73.122 of the Commission’s rules and Circuit held that section 1304 proscribes determined that the broadcasts in ques­ that appropriate issues should be speci­ “ the broadcasting of advertisements and tion were, in fact, a subterfuge, then a fied to inquire into these matters and to information that-directly promotes a serious question would arise concerning determine the effect thereof on the particular lottery.” 17 In the instant case, the proper exercise of the licensee’s re­ requisite and/or comparative qualifica­ petitioner alleges that broadcasts aired sponsibility in the management and op­ tions of United.21 We will reject peti­ by Station W OOK contained announce­ eration of Station WOOK. However, we tioner’s requested specification of the ments and information of previous win­ need not reach that question here since, issues, however, since, as the Bureau cor­ ning numbers (employing a subterfuge at present, there is some conflict on the rectly notes, they are basically argumen­ of three-digit scripture references) and question of the licensee’s knowledge and tative in nature and do not necessarily invitations to listeners to secure future since the issue to be added will permit facilitate the ultimate determination to winning numbers by contacting the par­ inquiry into this area. be made in this proceeding, i.e., whether ticular speaker. I f these allegations are 9. Also unpersuasive is United’s claimUnited’s renewal applications should be determined ultimately to be true,18 and that the sale of tip sheets in the District granted or denied. Since the requested the scripture references indeed are found of Columbia effectively disposes of the issues are essentially founded on alleged to be a means of promoting the opera­ question of whether there has been a vio­ violations of section 1304 of title 18 and tion of the Washington, D.C., area num­ lation of section 1304. The mere fact that § 73.122 of the rules, we will refrain from bers game, then it could be concluded in such sheets may be sold freely in a local specifying any issues other than those this proceeding that United has violated jurisdiction is irrelevant to the question that pertain to possible violations of both the subject criminal statute and posed here, i.e., whether interstate broad­ those applicable statutory and admin­ the relevant provisions of the Commis­ casts of similar information violates a istrative provisions.22 In the event it is sion’s rules. Thus, assuming the truth of Federal statute. In this regard, we note concluded that United has engaged in the allegations, as United would have us that, under judicial and administrative proscribed activity, the Examiner is not do in order to test the legal sufficiency interpretation of section 1304, the legal­ hereby precluded from receiving evidence of Community’s factual showing, it ity of a lottery under local law is ir­ m mitigation or extenuation of such would appear that: (1) The announce­ relevant to the question of statutory conduct. ments of past winning numbers served violation. See The New York State 10. Accordingly, it is ordered, That the as “ testimonials” to the previous accu­ Broadcasters Association, Inc. v. United request to file supplement to opposition, racy of the preachers and were designed States, supra; and the Commission’s filed July 30, 1969, and the request to file to engender confidence in future pre­ Declaratory Ruling on the Broadcasting further supplement to opposition, filed dictions; and (2) the predictions ulti­ of Lottery Information, 14 FCC 2d 707, August 20, 1969, by United Broadcasting mately secured by the listener would be 14 RR 2d 1901 (1968). In regard to Co., Ific., and United Television Co., Inc., of no value except as utilized by the United’s further claim that material are granted, and the supplements con­ recipient thereof in a specific lottery or similar to the contents of the broadcasts tained therein are accepted; and numbers game. Such allegations do in question, if reduced to writing, would 11. I t is further ordered, That the raise a substantial question of whether be mailable, the obvious defect in that petition to enlarge issues, filed June 23, United has, in fact, knowingly engaged rationale is the implicit assumption that 1969, by Washington Community Broad­ in proscribed activity and whether its section 1302 of title 18 is analogous in all casting Co., is granted to the extent in­ broadcasts contained announcements or respects to section 1304 and that, there­ dicated below and is denied in all other information that directly promoted a respects; and particular lottery.19 United’s disclaimer fore, judicial and administrative inter­ pretation of the former is binding on the 12. It is further ordered, That existing 16 Matters which raise substantial ques­ latter. However, we note that the analo­ Issue 1 is modified to read as follows: tions as to the violation of section 1304 gous provision of section 1302, the news­ would present similar questions as to the paper provison (analogous by virtue of 21 In its opposition, United concedes that violation of section 73.122 of the rules, which all of the circumstances relating to the was designed to implement the penal statute. its concern with media of mass com- broadcasts in question may be explored under 17 While noting the absence of previous the standard comparative issues already judicial interpretation of the statutory 20 According to Community, its petition tospecified herein since such matters would phrase “information concerning any lottery”, deny, served on United’s counsel on Jan. 3, relate to the quality of performance of the the Court defined said phrase as prohibiting 1967, quoted “Bishop Bonner’s” offer of “con­ licensee. On this basis, therefore, the the broadcasting of “information that di­ quer roots” to bring “success in the game.” Examiner may permit inquiry into the merits rectly promotes a particular existing lottery.” This allegation was recited by the Commis­ of this type of programing, irrespective of 18 Community’s allegations are addressed sion in footnote 6 of the designation order, its relation to applicable statutory and not only to the factual circumstances of this which also acknowledged Community’s fur­ administrative regulations on the broadcast­ case, but also to the legal interpretation of ther claim that some broadcasts on Station ing of lottery information, under the stand­ the subject statute and rule. WOOK are not in the public interest since ard comparative issues. 19 Inasmuch as United adopts an “assuming they encourage gambling and prevarication. 22 It should also be noted that Community, arguendo” approach to Community’s allega­ It should be noted that a deceptive advertis­ in its reply pleading, for the first time raises tions in its opposition pleading, United has ing issue was specified by the Commission the claim of United’s alleged violation of 18 not conceded that the scripture references in its order and that Community now points U.S.C. section 1952. Consistent with our prior were designed to provide “illegal”, as opposed to similar broadcasts, Including one after the practice, we will reject this attempt to plead to “spiritual”, guidance. adoption of the order, to support its petition. new matters in a reply pleading.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18203

1. To determine whether the broadcast recommendation. The Comptroller rec­ weighed in the public interest by the by Station WOOK of announcements ommended approval of the application. probable effect of the transaction in which advertised articles such as “Con­ Notice of receipt of the application meeting the convenience and needs of quer Roots”, “Money-Drawing Roots”, was published in the F ederal R eg ist e r the community to be served. and “Spiritual Baths” , or which offered on September 9, 1969 (34 F.R. 14189), Section 3(c) further provides that, in to give three-digit scripture references to providing an opportunity for interested every case, the Board shall take into con­ be used for “ financing blessing” , con­ persons to submit comments and views sideration the financial and managerial stituted false, misleading or deceptive with respect to the proposal. A copy of resources and future prospects of the advertisements. the application was forwarded to the company or companies and the banks 13. it is further ordered, That theU.S. Department of Justice for its con­ concerned, and the convenience and issues in this proceeding are enlarged by sideration. Time for filing comments and needs of the community to be served. the addition of the following issues: views has expired and all those received Not later than thirty (30) days after 3. To determine whether Station have been considered by the Board. the publication of this notice in the WOOK has broadcast announcements or It is hereby ordered, For the reasons F ederal R e g ist e r , comments and views information concerning a lottery in con­ set forth in the Board’s Statement1 of regarding the proposed acquisition may travention of section 1304 of title 18 of this date, that said application be and be filed with the Board. Communications the United States Code, and of § 73.122 of hereby is approved, provided that the should be addressed to the Secretary, the Commission’s rules. acquisition so approved shall not be con­ Board of Governors of the Federal Re­ 4. To determine, in light of the evi­ summated (a) before the 30th calendar serve System, Washington, D.C. 20551. dence adduced under Issue 3 above, day following the date of this order, or The application may be inspected at the whether United Broadcasting Co., Inc., (b) later than 3 months after the date office of the Board of Governors or the and United Television Co., Inc. possess of this order, unless such time shall be Federal Reserve Bank of Chicago. the requisite and/or comparative quali­ extended for good cause by the Board, or Dated at Washington, D.C., this 5th fications to be Commission licensees. by the Federal Reserve Bank of Kansas day of November 1969. City pursuant to delegated authority. and existing Issues 3 through 7 are re­ By order of the Board of Governors. designated as Issues 5 through 9; and Dated at Washington, D.C., this 6th 14. It is further ordered, That theday of November 1969. [ se al ] R o bert P. F o r r estal, burden of proceeding with the introduc­ Assistant Secretary. tion of evidence on Issue 3 added herein By order of the Board of Governors.® [F.R. Doc. 69-13421; Filed, Nov. 12, 1969; will be . on Washington Community [ s e a l ] R o bert P . F or r estal, 8:45 a.m.] Broadcasting Co., and the burden of Assistant Secretary. proof on said issue will be on United [F.R. Doc. 69-13422; Filed, Nov. 12, 1969; Broadcasting Co., Inc., and United Tele­ 8:45 a.m.] FIRST FINANCIAL CORP. vision Co., Inc. Notice of Application for Approval of Adopted: October 24, 1969. FIRST NATIONAL CORP. Acquisition of Shares of Bank Released: October 27, 1969. Notice of Application for Approval of Notice is hereby given that application F ederal C ommunications Acquisition of Shares of Bank has been made, pursuant to section 3(a) C o m m is s io n ,23 of the Bank Holding Company Act of [ seal] B e n F. W a p l e , Notice is hereby given that applica­ 1956 (12 U.S.C. 1842(a)), by First Finan­ Secretary. tion has been made, pursuant to section cial Corp., which is a bank holding com­ [F.R. Doc. 69-13495; Piled, Nov. 12, 1969; 3(a) of the Bank Holding Company Act pany located in Tampa, Fla., for prior 8:50 a.m.] of 1956 (12 U.S.C. 1842(a)), by First approval by the Board of Governors of National Corp., which is a bank holding the acquisition of not less than 51 per­ company located in Appleton, Wis., for cent of the voting shares of the First Na­ prior approval by the Board of Governors tional Bank in Plant City, Plant City, FEDERAL RESERVE SYSTEM of the acquisition by Applicant of 80 Fla. percent or more of the voting shares of Section 3(c) of the Act provides that COMMERCE BANCSHARES, INC. Freedom State Bank, Freedom, Wis. the Board shall not approve: Order Approving Acquisition of Bank Section 3(c) of the Act provides that (1) Any acquisition or merger or con­ the Board shall not approve: Stock by Bank Holding Company solidation under section 3 which would (1) Any acquisition or merger or con­ result in a monopoly, or which would be In the matter of the application of solidation under section 3 which would in furtherance of any combination or Commerce Bancshares, Inc., Kansas City, result in a monopoly, or which would be conspiracy to monopolize or to attempt Mo., for approval of acquisition of more in furtherance of any combination or to monopolize the business of banking than 80 percent of the voting shares of conspiracy to monopolize or to attempt in any part of the United States, or to monopolize the business of banking Columbia National Bank, Columbia, Mo. (2) Any other proposed acquisition or in any part of the United States, or There has come before the Board of merger or consolidation under section 3 (2) Any other proposed acquisition or Governors, pursuant to section 3 (a )(3 ) whose effect in any section of the coun­ merger or consolidation under section 3 of the Bank Holding Company Act of try may be substantially to lessen com­ whose effect in any section of the coun­ 1956 (12 U.S.C. 1842(a) (3 )), and § 222.3 petition, or to tend to create a monopoly, try may be substantially to lessen com­ (a) of Federal Reserve Regulation Y or which in any other manner would be petition, or to tend to create a monopoly, G2 CFR 222.3 (a )), an application by in restraint of trade, unless the Board or which in any other manner would be Commerce Bancshares, Inc., Kansas City, finds that the anticompetitive effects of in restraint of trade, unless the Board Mo., a registered bank holding company, the proposed transaction are clearly out­ finds that the anticompetitive effects of lor the Board’s prior approval of the ac­ weighed in the public interest by the the proposed transaction are clearly out- quisition of more than 80 percent of the probable effect of the transaction in voting shares of Columbia National meeting the convenience and needs of the Bank, Columbia, Mo. 1 Filed as part of the original document. community to be served. As required by section 3(b) of the Act, Copies available upon request to the Board Section 3(c) further provides that, in f(.? oard £ave written notice of receipt of Governors of the Federal Reserve System, every case, the Board shall take into con­ Washington, D.C. 20551, or to the Federal th to the Comptroller of sideration the financial and managerial he Currency and requested his views and Reserve Bank of Kansas City. 2 Voting for this action: Chairman Martin resources and future prospects of the and Governors Robertson, Daane, Maisel, company or companies and the banks 23 Board Member Slone absent, Board Mem- Brimmer, and Sherrill. Absent and not vot­ concerned, and the convenience and er Pincock not participating. ing: Governor Mitchell. needs of the community to be served.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18204 NOTICES

Not later than thirty (30) days after pany Act of 1935 (“Act” ) . The filing des­ tary, Securities and Exchange Commis­ the publication of this notice in the F ed­ ignates section 6(b) of the Act and Rule sion, Washington, D.C. 20549. A copy of eral R egister, comments and views re­ 50 promulgated thereunder as applicable such request should be served personally garding the proposed acquisition may be to the proposed transaction. All inter­ or by mail (airmail if the person being filed with the Board. Communications ested persons are referred to the appli­ served is located more than 500 miles should be addressed to the Secretary, cation, which is summarized below, for from the point of mailing) upon the ap­ Board of Governors of the Federal Re­ a complete statement of the proposed plicant at the above-stated address, and serve System, Washington, D.C. 20551. transaction. proof of service (by affidavit or, in case The application may be inspected at the Arkansas proposes to issue and sell, of an attorney at law, by certificate) office of the Board of Governors or the subject to the competitive bidding re­ should be filed with the request. At any Federal Reserve Bank of Atlanta. quirements of Rule 50 under the Act, $25 time after said date, the application, as Dated at Washington, D.C., this 6th million principal amount of its First filed or as it may be amended, may be day of November 1969. Mortgage Bonds,____percent Series due granted as provided in Rule 23 of the December 1, 1999. The interest rate of general rules and regulations promul­ By order of the Board of Governors. such bonds (which will be a multiple of gate under the Act, or the Commission [ seal] R obert P. F orrestal, one-eighth of 1 percent) and the price, may grant exemption from such rules Assistant Secretary. exclusive of accrued interest, to be paid as provided in Rules 20(a) and 100 there­ to Arkansas (which will be not less than of or take such other action as it may [F.R. Doc. 69-13423; Filed, Nov. 12, 1969; 100 percent nor more than 102% per­ deem appropriate. Persons who request a 8:45 a.m.] cent of the principal amount thereof) hearing or advice as to whether a hearing will be determined by the competitive is ordered will receive notice of further bidding. The bonds will be issued under developments in this matter, including Arkansas’ Mortgage and Deed of Trust, the date of the hearing (if ordered) and NATIONAL AERONAUTICS AND dated as of October 1, 1944, to Morgan any postponements thereof. Guaranty Trust Company of New York For the Commission (pursuant to dele­ SPACE ADMINISTRATION and Grainger S. Greene, as Trustees, as gated authority). [Notice 69-2] heretofore supplemented and as to be further supplemented by an 18th Sup­ [SEAL] ORVAL L. DUBOIS, EXTRATERRESTRIAL EXPOSURE plemental Indenture to be dated as of Secretary. December 1, 1969 and which includes a [F.R. Doc. 69-13456; Filed, Nov. 12, 1969; Establishment of Quarantine Period 5-year prohibition against refunding the 8:48 a.m.] Pursuant to authority vested in me, issue with the proceeds of funds bor­ and In accordance with 14 CFR 1211.104 rowed at lower interest costs. (a) (1), I hereby determine that with re­ The net proceeds from the sale of the COMMERCIAL FINANCE CORPORA­ spect to the Apollo 12 space mission; bonds are to be used by Arkansas for the TION OF NEW JERSEY a. The beginning of the quarantine pe­ payment of bank notes and commercial riod for extraterrestrial exposure is No­ paper notes of approximately $21,500,000 Order Suspending Trading vember 20,1969. issued or to be issued to finance its con­ N ovember 6 ,1969. struction program and for other cor­ b. The termination of the quarantine It appearing to the Securities and Ex­ period for extraterrestrially exposed per­ porate purposes. Any remaining balance change Commission that the summary sons shall be on December 11, 1969, un­ will be used for Arkansas’ construction suspension of trading in the common less modified prior to that date. program and for other corporate pur­ stock of Commercial Finance Corpora­ c. The duration of the quarantine pe­ poses. Arkansas’ construction expendi­ tion of New Jersey and all other riod for extraterrestrially exposed prop­ tures are estimated to amount to $65,- securities of Commercial Finance Cor­ erty, animals, other form of life (other 900,000 in 1969 and $86,200,000 in 1970. poration of New Jersey being traded than persons) or matter whatever, shall It is stated that the fees and expenses otherwise than .on a national securities continue until successful completion of incident to the proposed issue and sale exchange is required in the public in­ of the bonds are estimated at $80,000, safety tests, decontamination or both. terest and for the protection of investors; including auditors’ fees of $4,750 and J. W . H u m p h r e ys , Jr. counsel fees of $23,500. The fee of coun­ It is ordered, Pursuant to section 15(c) Major General, U.S. Air Force, (5) of , the Securities Exchange Act of sel for the underwriters, estimated at 1934, that trading in such securities M.C., Director, Space Medi­ $9,000, will be paid by the successful cine, Office of Manned Space bidders. otherwise than on a national securities Flight. exchange be 'summarily suspended, this The proposed transaction is subject to order to be effective for the period [F.R. Doc. 69-13491; Filed, Nov. 12, 1969; the jurisdiction of the Arkansas Public 8:50 a.m.] November 7, 1969 through November 16, Service Commission, the State commis­ 1969, both dates inclusive. sion of the State in which Arkansas is organized and doing business. The filing By the Commission. states that the Tennessee Public Service [ seal] O rval L. D u B ois, SECURITIES AND EXCHANGE Commission, the commission of a State Secretary. in which Arkansas also does business, as­ COMMISSION serts jurisdiction over the proposed [F.R. Doc. 69-13458; Filed, Nov. 12, 1968; [70-4805] transaction and that the order of said 8:48 a.m.] ARKANSAS POWER & LIGHT CO. commission is to be filed by amendment. It is further stated that no other State [70-4794] Notice of Proposed Issue and Sale of commission and no Federal commission, GENERAL PUBLIC UTILITIES CORP- First Mortgage Bonds at Competi­ other than this Commission, has juris­ diction over the proposed transactions. Notice of Proposed Issue and Sale of tive Bidding Notice is further given that any inter­ N ovember 6, 1969. ested person may, not later than Decem­ Debentures, of Notes to Banks and Notice is hereby given that Arkansas ber 1, 1969, request in writing that a to Dealers in Commercial Paper Power & Light Co. (“ Arkansas” ) Ninth hearing be held on such matter, stating and of Request for Exception From and Louisiana Streets, Little Rock, Ark. the nature of his interest, the reasons for Competitive Bidding 72203, an electric utility subsidiary com­ such request, and the issues of fact or N ovember 5,1969. pany of Middle South Utilities, Inc., a law raised by said application which he desires to controvert; or he may request Notice is hereby given that General registered holding company, has filed an that he be notified if the Commission Public Utilities Corp. (“GPU” ), 80 Pine application with this Commission pur­ should order a hearing thereon. Any Street, New York, N.Y. 10005, a registered suant to the Public Utility Holding Com­ such request should be addressed: Secre­ holding company, has filed a declaration

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18205 with this Commission pursuant to the 1972, to evidence borrowings from the in 1969, and approximately $650 million Public Utility Holding Company Act of banks for the purpose of meeting maturi­ in 1970 and 1971, or a total of approxi­ 1935 (“Act” ), designating sections 6(a) ties of promissory notes issued by GPU as mately $900 million in the 1969-71 pe­ and 7 of the Act and Rule 50 promulgated commercial paper if it shall not be feasi­ riod. Of this total, almost one-half rep­ thereunder as applicable to the proposed ble for GPU to issue further notes as resents the cost of new generating transactions. All interested persons are commercial paper in order to meet said capacity, the great bulk of which is base referred to the declaration, which is maturities, provided that (a) the aggre­ load nuclear and mine mouth coal-fired summarized below, for a complete state­ gate principal amount of the notes so capacity. ment of the proposed transactions. issued to banks outstanding at any one The fees and expenses (other than GPU proposes to issue and sell, subject time, shall not exceed $85 million, and dealers’ fees) to be incurred by GPU will to the competitive bidding requirements (b) the aggregate principal amount of be supplied by amendment. It is stated of Rule 50(b) under the Act, $50 million notes issued as commercial paper plus the that no State commission and no Federal principal amount of debentures,------aggregate principal amount of notes is­ commission, other than this Commis­ percent series due 1974. The interest rate sued to banks outstanding at any one sion, has jurisdiction over the proposed of the debentures (which will be multiple time, shall not exceed $100 million. The transactions. of one-eighth of 1 percent and the price, credit agreement will require GPU to (i) Notice is further given that any inter­ exclusive of accrued interest, to be paid pay a commitment fee, at the rate of one- ested person may, not later than noon to GPU (which will be not less than 100 half of 1 percent per annum, on the un­ on November 28, 1969, request in writing percent nor more than 102% percent of utilized portion of the commitment, with that a hearing be held on such matter, the principal amount thereof) will be GPU having the right at any time to stating the nature of his interest, the determined by the competitive bidding. reduce or terminate the bank’s commit­ reasons for such request, and the issues The debentures will be issued under an ment to it; (ii) maintain a compensating of fact or law raised by said declaration indenture dated December 1, 1969, be­ balance with each participating bank which he desires to controvert; or he tween GPU and Marine Midland Grace averaging, on a monthtly basis, at least may request that he be notified if the Trust Company of New York, trustee. 10 percent of that bank’s obligation to Commission should order a hearing GPU also proposes to issue and sell, make loans to the extent that such obli­ thereon. Any such request Should be from time to time, but not later than gation has not been utilized, or,'at least addressed; Secretary, Securities and Ex­ December 31, 1972, commercial paper 20 percent of any amounts borrowed change Commission, Washington, DC. notes having a principal amount out­ from such bank under the credit agree­ 20549. A copy of such request should be standing at any time not in excess of $100 ment, whichever is higher; and (iii) pay served personally or by mail (airmail if million. Such sales shall be made through interest quarterly on amounts borrowed the person being served is located more two dealers in commercial paper. at a rate per annum which is one-half of than 500 miles from the point of mail­ The dealers will each reoffer the com­ 1 percent above that bank’s prime rate ing) upon the declarant at the above- mercial paper purchased by them to not for short-term loans to commercial and stated address, and proof of service (by more than 100 o f their customers. It is responsible borrowers. affidavit or, in case of an attorney at law, expected that GPU’s commercial paper GPU further proposes to issue and by certificate) should be filed with the will be held to maturity by the purchaser, sell, from time to time, but not later request. At any time after said date,/the but, if any such purchaser should wish to than December 31, 1972, its unsecured declaration, as filed or as it may be resell prior thereto, each dealer, pursuant promissory notes, maturing not more amended, may be permitted to become to a verbal repurchase agreement, will than 9 months from the date of issue, effective as provided in Rule 23 of the repurchase the commercial paper from to evidence borrowings from banks, to general rules and regulations promul­ the customer and reoffer the same to be named by amendment, having an ag­ gated under the Act, or the Commission others in its group of customers. gregate principal amount outstanding at may grant exemption from such rules as The commercial paper issued and sold any one time not in excess of $50 million. provided in Rules 20(a) and 100 thereof by GPU will be in the form of promissory GPU requests that the issue and sale or take such other action as it may deem notes in denominations of not less than of its commercial paper notes be ex­ appropriate. Persons who request a hear­ $100,000 and not more than $5 million cepted from the competitive bidding re­ ing or advice as to whether a hearing is with maturities not to exceed 270 days, quirements of Rule 50, pursuant to ordered will receive notice of further the actual maturities to be determined by subparagraph (a) (5) thereof, in view of developments in this matter, including the market conditions, the effective in­ the fact that the proposed commercial the 'date of the hearing (if ordered) and terest cost to GPU, and GPU’s antici­ paper notes will have a maturity of not any postponements thereof. pated cash requirements at the time of more than 9 months, the interest cost By the Commission. issuance. The commercial paper will be thereon generally will not exceed the sold at the discount rate per annum pre­ effective interest cost (after taking into [ s e a l ] O rval L. D u B o is , vailing at the date of issuance for prime account compensating balance require­ Secretary. commercial paper of comparable quality ments) of bank loans made at the prime [F.R. Doc. 69-13457; Filed, Nov. 12, 1969; and of the particular maturity sold at the rate then generally prevailing in New 8:48 ajh .] same time by other issuers to commercial York City, and because the current rates Paper dealers. The commercial paper for commercial paper are readily ascer­ may be reoffered by the dealers at a dis­ tainable by reference to the daily finan­ LIQUID OPTICS CORP. count rate not to exceed one-eighth of 1 cial publications and, therefore, do not Percent per annum less than the discount require competitive bidding to determine Order Suspending Trading rate to GPU. The commercial paper will the reasonableness thereof. N o vem ber 6,1969. The net proceeds of the debentures be sold by GPU at an effective interest It appearing to the Securities and Ex­ and promissory notes proposed to be is­ cost that will not exceed the effective change Commission that the summary sued and sold pursuant to this declara­ interest cost (after taking into account suspension of trading in the common tion will be used for 'additional compensating balance requirements) of stock of Liquid Optics Corp. and all other investments by GPU in its public utility bank loans made at the same time at the securities of Liquid Optics Corp. being Prime rate then generally prevailing in subsidiary companies or to reimburse its traded otherwise than on a national se­ New York City. treasury for such investments thereto­ fore made, or to pay notes the proceeds curities exchange is required in the pub­ In addition, GPU proposes to enter into lic interest and for the protection of in­ a credit agreement with a group of of which were previously used for such vestors; banks, to be named by amendment, pur­ purposes. suant to which GPU may, from time to GPU’s subsidiary companies are en­ It is ordered, pursuant to section 15(c) (5) of the Securities Exchange Act of time, but not later than December 31, gaged in major construction programs 1934, That trading in such securities 1972, issue and sell its promissory notes involving an estimated expenditure of otherwise than on a national securities maturing not later than December 31, approximately $260 million for facilities exchange be summarily suspended, this

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18206 NOTICES

order to be effective for the period No­ Issued: November 7, 1969. Union Station Building, Chicago, 111. vember 7, 1969, through November 16, By order of the Commission: 60606. Thereafter, the Commission will 1969, both dates inclusive. proceed to dispose of the instant petition. By the Commission. [ s e a l ] W illar d W . K a n e , Notice of the filing of this petition will Acting Secretary. be given by publication in the F ederal [ s e a l ] O rval L. D tjB o is , [F.R. Doc. 69-13498; Filed, Nov. 12, 1969; R eg iste r . Secretary. 8:50 a.m.] [ s e a l ] A n d r e w A n t h o n y , Jr., [F.R. Doc. 69-13459; Filed, Nov. 12, 1969; Acting Secretary. 8:48 a.m.] [F.R. DoC. 69-13482; Filed, Nov. 12, 1969; INTERSTATE COMMERCE 8:49 a.m.] SMALL BUSINESS COMMISSION FOURTH SECTION APPLICATION FOR RELIEF ADMINISTRATION [No. 34896 1] N o v em ber 7, 1969. ALABAMA CAPITAL, INC. TEXAS INTRASTATE PASSENGER COACH FARES Protests to the granting of an appli­ Notice of Intention To Surrender Small cation must be prepared in accordance Business Investment Company License O ctober 7, 1969. with Rule 1100.40 of the general rules of Notice is hereby given that the com­ practice (49 CFR 1100.40) and filed with­ On October 17, 1969, Alabama Capital, mon carriers by railroad shown below in 15 days from the date of publication Inc., Room 445, State National Bank have, through their attorneys, filed a of this notice in the F ederal R egister. Building, 230 West Court Square, Hunts­ petition with the Interstate Commerce L o n g - a n d -S h o r t H a u l ville, Ala. 35801, License No. 05/05-0094, Commission for modification of the out­ a Federal Licensee under the Small Busi­ standing orders of the Commission in FSA No. 41796—Alloys or metals from ness Investment Act of 1958; as amended, these proceedings. Johnstown, Pa., and Kingwood, W. Va. requested approval of the Small Busi­ The petitioners point out that effec­ Filed by Southwestern Freight Bureau, ness Administration (S B A ), pursuant to tive June 15, 1969, the basic interstate agent (No. B-95), for interested rail car­ section 107.105 of the regulations (33 one-way and round-trip first-class fares riers. Rates on alloys or metals, in car­ F.R. 326, 13 CFR Part 107), to surrender were increased by 5 percent; that the loads, as described in the application, from Kingwood, W. Va., to Cypress, Tex., its license. maximum' intrastate passenger fares are also from Johnstown, Pa., and King- Matters involved in SBA’s considera­ fixed by statute of the Legislature of the wood, W. Va., to Bayport, East Bay- tion include the fact that the licensee is State of Texas, fares in excess thereof town, and Houston, Tex. not indebted to SBA and, in granting its not being subject to the jurisdiction of approval, SBA may impose such terms Grounds for relief—Market competi­ the regulatory body of that State (Rail­ tion. and conditions as it may determine ap­ road Commission) ; and that interstate propriate. Tariffs— Supplements 222 and 29 to and intrastate passengers are trans­ Southwestern Freight Bureau, agent, Prior to final action on this matter, ported on the same trains, the transpor­ tariffs ICC 4645 and 4847, respectively. consideration will be given to any com­ tation conditions of the one being no ments pertaining thereto which are more favorable than those in respect to By the Commission. received in writing to the Associate Ad­ the other. Wherefore, the petitioners ministrator for Investment, Small Busi­ [ s e a l ] H. N e il G ar so n, pray that this Commission modify the Secretary. ness Administration, Washington, D.C. outstanding orders in these proceedings 20416, within a period of fifteen (15) days to the extent necessary to enable them [F.R. Doc. 69-13483; Filed, Nov. 12, 1969; of the date of publication of this notice. to establish and maintain the sought 8:49 a.m.] For SBA. 5 percent increase in first-class passen­ ger fares applicable on intrastate move­ [Notice 575] Date: October 29,1969. ments within the State of Texas. MOTOR CARRIER ALTERNATE ROUTE A . H. S in g e r , The petitioners are: The Atchison, Associate Administrator Topeka, and Santa Fe Railway Co.; The DEVIATION NOTICES for Investment. Kansas City Southern Railway Co.; N o vem ber 7, 1969. [F.R. Doc. 69-13646; Filed, Nov. 12, 1969; Missouri Pacific Railroad Co.; Southern The following letter-notices of pro­ 8:46 a.m.] Pacific Co.; and The Texas and Pacific posals to operate over deviation routes Railway Co. for operating convenience only have been Any persons interested in any of the filed with the Interstate Commerce Com­ matters in the petition may, on or before mission, under the Commission’s Devia­ TARIFF COMMISSION 30 days from the publication of this tion Rules Revised, 1957 (49 CFR 1042.1 [332-61] notice in the F ederal R egister, file re­ (c) (8) ) and notice thereof to all inter­ plies to the petition supporting or oppos­ ASSEMBLED AND PROCESSED ested persons is hereby given as provided ing the determination sought. An orig­ in such rules (49 CFR 1042.1(d) (4) ). ARTICLES inal and 15 copies of such replies must Protests against the use of any pro­ Postponement of Hearing be filed with the Commission and must posed deviation route herein described show service of two copies upon either may be filed with the Interstate Com­ In response to a request dated Au­ J. D. Feeney or James W. Nisbet, 280 merce Commission in the manner and gust 18, 1969, by the President of the form provided in such rules (49 CFR United States, the Tariff Commission, 1 Embraces also: No. 28846, Increases in 1042.1(e)) at any time, but will not op­ instituted an investigation of the eco­ Texas Rates, Fares, and Charges, and No. erate to stay commencement of the pro- nomic factors affecting the use of items 33683, Texas Intrastate Passenger Coach posed operations unless filed within 30 806.30 and 807.00 of the Tariff Schedules Fares. days from the date of publication. of the United States and ordered a hear­ Not to be confused with the unopposed Successively filed letter-notices of the ing in connection therewith to begin on petition relating to a similar increase in same carrier under the Commission’s November 18, 1969 (34 F.R. 14043). coach fares filed by the same parties on May 14, 1969, which was assigned the same Deviation Rules Revised, 1957, will be Notice is hereby given of the post­ docket number and titles and subsequently numbered consecutively for convenience ponement of the hearing in this in­ embraced in and granted by order of Sept. 9, in identification and protests if any vestigation until further notice by the 1969, headed Docket No. 11761, Iowa Passen­ should refer to such letter-notices by Commission. ger Fares and Charges. number.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18207

M otor C arriers o f P r o pe r t y 72214, filed October 27, 1969. Carrier’s poses to operate as a common carrier, representative: Nathaniel Davis, Post by motor vehicle, of general commodi­ No MC 42487 (Deviation No. 79), CON­ Office Box 1188, Little Rock, Ark. 72203. ties, with certain exceptions, over a SOLIDATED FREIGHTW AYS CORPO­ Carrier proposes to operate as a com­ deviation route as follows : Between RATION OP DELAWARE, 175 Linfield mon carrier, by motor vehicle, of passen­ Louisville, Ky., and Cincinnati, Ohio, Drive, Menlo Park, Calif. 94025. Carrier gers and their baggage, and express and over Interstate Highway 71, for operating proposes to operate as a common carrier% newspapers in the same vehicle with convenience only. The notice indicates by motor vehicle, of general commodities, passengers, over a deviation route as that the carrier is presently authorized with certain exceptions, over deviation follows: From junction U.S. Highway 64 to transport the same commodities, over routes as follows: (1) Prom San Jose, and Interstate Highway 40,1.7 miles west pertinent service routes as follows: (1) Calif., over Interstate Highway 680 to of the west city limits of Clarksville, Ark., From Shelbyville, Ind., over Indiana junction Interstate Highway 80 at or near over Interstate Highway 40 to North Lit­ Highway 9 to junction Indiana High­ Vallejo, Calif., and (2) from San Jose, tle Rock, Ark., with the following access way 46, thence over Indiana Highway Calif., over Interstate Highway 680 to routes: (1) From junction Interstate 46, to Columbus, Ind., thence over A l­ junction California Highway 21 at or Highway 40 and Arkansas Highway 103 ternate U.S. Highway 31 to Seymour, near Benecia, Calif., thence over Cali­ over Arkansas Highway 103 to junction Ind., thence over U.S. Highway 50 fornia Highway 21 to junction Interstate U.S. Highway 64, (2) from junction In­ to junction U.S. Highway 31, thence over Highway 80 at or near Cordelia, Calif., terstate Highway 40 and Arkansas High­ U.S. Highway 31 to Sellersburg, Ind., and return over the same routes, for op­ way 315 over Arkansas Highway 315 to thence over U.S. Highway 31-W to erating convenience only. The notice in­ junction U.S. Highway 64, (3) from Louisville, Ky., (2) from Indianapolis, dicates that the carrier is presently junction Interstate Highway 40 and Ar­ Ind., over U.S. Highway 421 (formerly authorized to transport the same com­ kansas Highway 333 over Arkansas Indiana Highway 29) to junction Indiana modities over pertinent service routes as Highway 333 to junction U.S. Highway Highway 46, thence over Indiana High­ follows: (1) From Los Angeles, Calif., 64, (4) from junction Interstate High­ way 46 to Penn town, Ind., thence over over U.S. Highway 101 to San Francisco, way 40 and Arkansas Highway 7 over Indiana Highway 101 to junction Indiana Calif., (2) from Los Angeles, over U.S. Arkansas Highway 7 to junction U.S. Highway 48, thence over Indiana High­ Highway 99 to junction California High­ Highway 64, (5) from junction Inter­ way 48 to junction U.S. Highway 50, way 152, thence over California Highway state Highway 40 and Arkansas High­ thence over U.S. Highway 50 to Cincin­ 152 to Gilroy, Calif., thence over U.S. way 331 over Arkansas Highway 331 to nati, Ohio, and (3) from Penntown, Ind., Highway 101 to San Jose, Calif., thence junction U.S. Highway 64, (6) from over Indiana Highway 46 to junction over California Highway 17 to Oakland, junction Interstate Highway 40 and Ar­ U.S. Highway 52, thence over U.S. High­ Calif., thence over U.S. Highway 40 to kansas Highway 105 over Arkansas High­ way 52 to Cincinnati, Ohio, and return San Francisco, Calif., (3) from San way 105 to junction U.S. Highway 64, (7) over the same route. Francisco, Calif., over U.S. Highway 40 to from junction Interstate Highway 40 and Wells, Nev., thence over U.S. Highway No. MC 107109 (Deviation No. 14), unnumbered access road over unnum­ 93 to Twin Falls, Idaho, (4) from San INDIANAPOLIS AND SOUTHEASTERN bered road to junction U.S. Highway 64 Francisco, Calif., over U.S. Highway 101 TRAILWAYS, INC., 205 North Senate at Blackwell, Ark., (8) from junction to junction California Highway 37, thence Ave., Indianapolis, Ind. 46202, filed over California Highway 37 to junction Interstate Highway 40 and Arkansas October 27, 1969. Carrier proposes to Highway 95 over Arkansas Highway 95 California Highway 12, thence over Cali­ operate as a common carrier, by motor to junction U.S. Highway 64; fornia Highway 12 to Cordelia, Calif., (5) vehicle, of passengers and their baggage, (9) From junction Interstate Highway from San Francisco, Calif., over U.S. and express and newspapers, in the same Highway 101 to Crescent City, Calif., (6) 40 and Arkansas Highway 9 over Arkan­ vehicle with passengers, over a deviation from San Francisco, Calif., over U.S. sas Highway 9 to junction U.S. Highway route as follows: From junction Inter­ Highway 40 to junction U.S. Highway 64, (10) from junction Interstate High­ state Highway 75 and U.S. Highway 25 99W near Daves, Calif., thence over U.S. way 40 and Arkansas Highway 92 over at or near Mount Vernon, Ky., over In­ Highway 99W to Red Bluff, Calif, (also Arkansas Highway 92 to junction U.S. terstate Highway 75 to junction access from junction U.S. Highway 40 and U.S. Highway 64, (11) from junction Inter­ road approximately 4 miles north of Cor­ Highway 99W over U.S. Highway 40 to state Highway 40 and unnumbered ac­ bin, Ky., with the following access route: Sacramento, Calif., thence over U.S. cess road over unnumbered access road from London, Ky., over Kentucky High­ Highway 99E to Red Bluff), thence over to junction U.S. Highway 64 at Menifee, way 80 to junction Interstate Highway U.S. Highway 99 to Weed, Calif., thence Ark., (12) from junction Interstate 75, and return over the same routes, for over U.S. Highway 97 to Klamath Falls, Highway 40 and U.S. Highway 64 east of operating convenience only. The notice Oreg., and (7) from San Francisco, Conway, Ark., over U.S. Highway 64 to indicates that the carrier is presently Calif., to Weed, Calif., as specified above, junction Arkansas Highway 365 (for­ authorized to transport passengers and thence over U.S. Highway 99 to Medford, merly U.S. Highway 65), (13) from junc­ the same property, over a pertinent serv­ Oreg., and return over the same routes. tion Interstate Highway 40 and U.S. ice route as follows; from Mount Vernon, No. MC 59583 (Deviation No. 36), THE Highway 65-B over U.S. Highway 65-B Ky., over U.S. Highway 25 to junction MASON & DIXON LINES, INCORPO­ to junction Arkansas Highway 365 (for­ merly U.S. Highway 65), and (14) from access road approximately 4 miles north RATED, Post Office Box 969, Kingsport, of Corbin, Ky., a distance of 36 miles, Tenn. 37662, filed October 31, 1969. junction Interstate Highway 40 and Ar­ Carrier proposes to operate as a common kansas Highway 89 over Arkansas High­ and return over the same route. carrier, by motor vehicle, of general com­ way 89 to junction Arkansas Highway By the Commission. modities, with certain exceptions, over a 365 (formerly U.S. Highway 65), and re­ [ s e a l ] H. N e il G arsons deviation route as follows: Between New turn over the same routes, for operating Secretary. Market, Va., and Gainesville, Va., over convenience only. The notice indicates H.S. Highway 211, for operating conven­ that the carrier is presently authorized [F.R. Doc. 69-13484; Filed, Nov. 12, 1969; ience only. The notice indicates that the to transport passengers and the same 8:49 a.m.] carrier is presently authorized to trans­ property, over a pertinent service route as follows: From Fort Smith, Ark., over port the same commodities, over a perti­ [Notice 1346] nent service route as follows: From New U.S. Highway 64 to junction U.S. High­ Market, Va., over U.S. Highway 11 to way 65, thence over U.S. Highway 65 to MOTOR CARRIER APPLICATIONS AND Strasburg, Va., thence over Virginia junction U.S. Highway 70, thence over CERTAIN OTHER PROCEEDINGS Highway 55 to Gainesville, Va., and re­ US. Highway 70 to Memphis, Tenn., and turn over the same route. return over the same route. N o v em ber 7,1969. No. MC 61616 (Deviation No. 35) (Can­ No. MC 69833 (Deviation No. 20), The following publications are gov­ cels Deviation Nos. 33 and 34), M ID­ ASSOCIATED TRUCK LINES, INC., erned by the new Special Rule 247 WEST BUSLINES, INC., 433 West Wash­ Vandenberg Center, Grand Rapids, Mich. of the Commissioii’s rules of practice, ington Ave., North Little Rock, Ark. 49502, filed October 28,1969. Carrier pro­ published in the F ederal R egister issue

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18208 NOTICES

of December 3, 1963, which became ef­ TRANSPORT, INC., 2510 Rock Island Carolina, South Carolina, and Ten­ fective January 1,1964. Boulevard, Post Office Box 632, Enid, nessee, with no transportation for The publications hereinafter set forth Okla. 73701. Applicant’s representative: compensation on return except as reflect the scope of the applications as Alvin L. Hamilton (same address as ap­ otherwise authorized, subject to the filed by applicant, and may include de­ plicant). By report and order entered following restriction: The operations au­ scriptions, restrictions, or limitations in the above-entitled proceeding, the ex­ thorized herein are limited to a trans­ which are not in a form acceptable to aminer recommended the granting to portation service to be performed under the Commission. Authority which ulti­ applicant a certificate of public conveni­ a continuing contract, or contracts, with mately may be granted as a result of the ence and necessity, authorizing opera­ Armco Steel Corp., of Middletown, Ohio, applications here noticed will not neces­ tion in interstate or foreign commerce and further restricted against the trans­ sarily reflect the phraseology set forth as a common carrier by motor vehicle, portation of pipe used in connection with in the application as filed, but also will over irregular routes, of, the commodi­ the construction, operation, mainte­ eliminate any restrictions which are not ties, to, and from points substantially as nance, servicing, or dismantling of pipe­ acceptable to the Commission. indicated below. An order of the Com­ lines as related to the oilfield industry. mission, Division 1, served September 26, A pplications A s sig n e d for O ral H ear ing Any interested person desiring to par­ 1969, and effective October 27,1969, finds ticipate may filé an original and six MOTOR CARRIERS OF PROPERTY that the present and future public con­ copies of his written representations, No. MC 107715 (Sub-No. 4) (Repulica- venience and necessity require operation views, or argument in support of, or tion), filed July 24, 1968, published in by applicant as a common carrier, by against the petition wilhin 30 days from the F ederal R e g ister issue of August 15, motor vehicle, in interstate or foreign the date of publication in the F ederal 1968, and republished this issue. Appli­ commerce, over irregular routes, of ma­ R eg ist e r . cant: VERNON LIVESTOCK TRUCK­ terial handling devices, from the plant- No. MC 87720, Subs 26, 27, 29, 36, 37, ING COMPANY, INC., 3308 Bandini site and storage facilities of Tradewind 42, 56, 61, and 85 (Notice of Filing of Boulevard, Los Angeles, Calif. 90023. Industries, Inc., at or near Liberal, Petition Requesting Amendment of Per­ Applicant’s representatives: Richard Kans., to points in the United States mits To Modify Commodity Description), Minne and Bob Barker, 609 Luhrs Build­ (except Alaska and Hawaii), restricted filed October 6, 1969. Petitioner: BASS ing, Phoenix, Ariz. 85003. By report and to shipments originating at said plantsite TRANSPORTATION CO., INC., Flem- order in the above-entitled proceeding, or storage facilities; that applicant is ington, N.J. Petitioner’s representative: the Joint Board No. 47 recommended the fit, willing, and able properly to perform Bert Collins, 140 Cedar Street, New York, granting to applicant a certificate of such service and to conform to the re­ N.Y. 10006. Petitioner serves and has public convenience and necessity, au­ quirements of the Interstate Commerce contracts with American Biltrite Rub­ thorizing operation in interstate or Act and the Commission’s rules and reg­ ber Co., Inc. It is authorized to transport foreign commerce as a common carrier ulations thereunder. Because it is possible hard surface floor coverings and mate­ by motor vehicle, over irregular routes, that other persons who have relied upon rials and supplies used in the installation of the commodities, to and from points the notice of the application as published thereof when moving in the same vehicle substantially as indicated below. An order would be prejudiced by the lack of proper with hard surface floor coverings (Sub of the Commission» Division 1, served notice of the authority described in the 26). Petitioner states that in the other September 26, 1969, and effective Octo­ findings in this order, a notice of the permits, the related materials and sup­ ber 27, 1969, finds that the present and authority actually granted will be pub­ plies authority is not exactly the same, future public convenience and necessity lished in the F ederal R egister and is­ but the intent thereof, is the same. The require operation by applicant as a com­ suance of a certificate in this proceeding purpose of this petition is to change the mon carrier by motor vehicle, in inter­ will be withheld for a period of 30 days authority which describes “hard surface state or foreign commerce, of feeds and from the date of such publication, during floor coverings” and remove the words fertilizer, except liquids in bulk, from which period any proper party in interest “hard” and “floor” , leaving the authority points in Los Angeles, Orange, Kern, San may file a petition to reopen or for other as “surface coverings” . Any interested Bernardino, and Riverside Counties, appropriate relief setting forth in detail person desiring to participate, may file Calif., except Blythe, Calif., to points in the precise manner in which it has been an original and six copies of his written Arizona; that applicant is fit, willing, and so prejudiced. representations, views, or argument in able properly to perform such service and N o t ic e s o f F il in g o f P e t it io n s support of, or against the petition within to conform to the requirements of the 30 days from the date of publication in No. MC 30657 (Sub-No. 23) (Notice of Interstate Commerce Act and the Com­ the F ederal R e g ist e r . mission’s rules and regulations thereun­ Filing of Petition for modification of No. MC 93003 (Sub-No. 15) (Notice of der; that to the extent that the authority permit), filed October 24, 1969. Peti­ Filing of Petition for Waiver of Rule granted herein duplicates authority tioner: DIXIE HAULING COMPANY, 101(e) for Reopening and Reconsidera­ now held by applicant, it will be con­ a corporation, Atlanta, Ga. Petitioner’s tion) , filed September 8,1969. Petitioner: strued as conferring but a single grant of representative: Monty Schumacher, CARROLL TRUCKING COMPANY, a Suite 310, 2045 Peachtree Road NE., authority. Because it is possible that corporation, 4901 U.S. Route 60, Post Of­ Atlanta, Ga. 30309. Petitioner is author­ other persons who have relied upon the fice Box 5455, Huntington, W. Va. Peti­ ized in No. MC 30657 Sub-No. 23 to notice of the publication as published, tioner is authorized; in No. MC 93003 Sub- conduct operations as a motor con­ may have an interest in and would be No. 15, the part here pertinent, to trans­ tract carrier, over irregular routes, prejudiced by the lack of proper notice of port mine cars, shovels, scrapers, and transporting: Culvert pipe and tanks, the authority described in the findings in scoops and parts thereof, between Hunt­ from the plantsite of Armco Steel Corp., this order, a notice of the authority ington, W. Va., on the one hand, and, on in Rockdale County, Ga., to points in actually granted will be published in the the other, points in Tennessee on and Alabama, Florida, Georgia, Mississippi, F ederal R e g ister and issuance of a cer­ east of U.S. Highway 27, those in Virginia tificate in this proceeding will be with­ North Carolina, South Carolina, and Tennessee, with no transportation for on and west of U.S. Highway 219, and held for a period of 30 days from the date those in Pennsylvania on and west of compensation on return except as other­ of such publication, during which period U.S. Highway 219, and those in Ohio on any proper party in,interest may file a wise authorized, under a continuing con­ tract, or contracts, with Armco Steel and north of U.S. Highway 40. By the petition to reopen or for other appro­ instant petition, petitioner seeks waiver priate relief setting forth in detail the Corp., of Middletown, Ohio. By the in­ stant petition, petitioner requests that of Rule 101(e), and requests the Com­ precise manner in which it has been so mission to issue an appropriate order said permit be modified authorizing the prejudiced. permitting it to transport separate ship­ transportation of pipe and accessories, No. MC 111401 (Sub-No. 265) (Repub­ connections, couplings, and fittings ments of parts. Any interested person lication), filed August 29, 1968, pub­ therefor, over irregular routes, from the desiring to participate, may file an orig­ lished in the F ederal R eg ister issue of plantsite of Armco Steel Corp., in Rock­ inal and six copies of his written rep­ September 19, 1968, and republished dale County, Ga., to points in Alabama, resentations, views, or argument in sup­ this issue. Applicant: GROENDYKE Florida, Georgia, Mississippi, North port of, or against the petition within 30

FEDERAL REGISTER, VOL. 34, NO, 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18209 days from the date of publication in the Scotland, Montgomery, and Union Coun­ points in Ohio. N o t e : Applicant states that joinder with authority sought for Federal R e g ist e r . ties, N.C.; (2) petroleum, petroleum prod­ ucts, and liquified petroleum gas, from purchase in related section 5(2) applica­ Applications fo r C ertificates or P e r ­ terminals in Wadesboro, N.C., to points in tion could occur at points in Ohio within mits W h ic h A re T o B e P rocessed C o n ­ Anson, Richmond, Scotland, Montgom­ 10 miles of Wheeling, W. Va., to permit currently W i t h A pplications U nd e r ery, and Union Counties, N.C.; (3) gen­ service between applicant’s Ohio points t Section 5 G o verned B y S p e c ia l R u l e eral commodities (except those requiring and specified points in Pennsylvania and 240 to t h e E x t e n t A p p l ic a b l e special equipment), between points in West Virginia. Applicant further states No. MC 59120 (Sub-No. 34), filed Octo­ Henderson, McDowell, Rutherford, Cleve­ that it presently holds the entire author­ ber 6, 1969. Applicant: EAZOR EX­ land, Caldwell, Wilkes, Catawba, Gaston, ity set forth above under MC 123685 Subs PRESS, INC., Eazor Square, Pittsburgh, Iredell, Mecklenburg, Rowan, Cabarrus, 2 and 3 in accordance with the provisions Pa. 15201. Applicant’s representative : Union, Forsyth, Davidson, Stanly, Anson, of section 206(a) (7) and is seeking con­ Carl L. Steiner, 39 South La Salle Street, Rockingham, Guilford, Montgomery, version of the same to certificates of pub­ Chicago, HI. 60603. Authority sought to Richmond, Alamance, Durham, Wake, lic convenience and necessity. This ap­ operate as a common carrier, by motor Vance, Johnston, Lee, Cumberland, and plication is a matter directly related to vehicle, over regular routes, transport­ New Hanover Counties, N.C.; (4) prefab­ Docket No. MC-F-10637, published F ed­ ing: General commodities (except those ricated steel, reinforcing bars, steel pipe, eral R eg ister issue of October 22, 1969. of unusual valué, classes A and B ex­ steel windows, finished lumber and con­ I f a hearing is deemed necessary, ap­ plosives, tobacco, liquor, commodities in struction machinery, between points in plicant requests it be held at Washington, bulk, those requiring special equipment, North Carolina; (5) cotton in bales, fer­ D.C. and those injurious or contaminating to tilizer materials and such commodities as T r ansfer A pplications T o B e A ssig n e d other lading), between Atlanta, Ga., are usually transported in dump trucks, fo r O ral H e a r in g and Chattanooga, Tenn., over U.S. High­ between points in North Carolina; (6) way 41 to Chattanooga and return over household goods, as defined by the Com­ MC-FC-71498. Authority sought by the same route, serving (a) the junction mission, between points in Anson County, transferee, NYPENN DISTRIBUTION of U.S. Highways 41 and 411 at Carters- N.C., and points in North Carolina; and LINES, INC., 1285 William Street, Buf­ ville, Ga., and (b) Chattanooga, Tenn., (7) sand, gravel and dirt in containers, falo, N.Y. 14206, for purchase of a por­ for purposes of joinder only; (2) be­ from points in Anson County, N.C., to tion of the operating rights of transferor, tween points in that part ' of Georgia points in North Carolina. N o t e : Appli­ PETER P. DeCASPER, JR., AND HER­ and Tennessee within 15 miles of Chat­ cant states the authority sought will be MAN DeCASPER, a partnership, doing tanooga, Tenn., including Chattanooga. joined with its existing authority in MC business as DeCASPER DELIVERY, Note : This application is a matter di­ 120307 (Sub-No. 1), wherein it is au­ Post Office Box 230, Bradford, Pa. 16701. rectly related to Docket No. M C-F- thorized to operate throughout the State Applicants’ representative: Raymond A. 10617, published F ederal R eg ister issue of North Carolina. This is a matter di­ Richards, 23 West Main Street, Webster, of October 3, 1969. Common control may rectly related to MC—F—10519, published N.Y. 14580. Operating rights in certifi­ be involved. If a hearing is deemed neces­ in the F ederal R eg ister issue of July 2, cate No. MC-120449 (Sub-No. 5) sought sary, applicant requests it be held at 1969. I f a hearing is deemed necessary, to be transferred: General commodities, Washington, D. C. applicant requests it be held at Raleigh usual expections, between Honeoye, N.Y., No. MC 75651 (Sub-No. 68), filed Octo­ or Charlotte, N.C. points in Livingston County, N.Y. (ex­ ber 16, 1969. Applicant: R. C. MOTOR No. MC 123685 (Sub-No. 4), filed Oc­ cept Retsof), and points in Wyoming LINES, INC., 2500 Laura Street, Post tober 15, 1969. Applicant: PEOPLES County, N.Y. (except Silver Springs), Office Box 2501, Jacksonville, Fla. 32203. CARTAGE, INC., 8045 Navarre Road on the one hand, and, on the other, Applicant’s representative: Thomas F. SW., Massillon, Ohio. Applicant’s repre­ points in McKean County, Pa., and points Kilroy, 2111 Jefferson Davis Highway, sentative: James Muldoon, 88 East Broad in that part of Pennsylvania on and Arlington, Va. 22202. Authority sought to Street, Columbus, Ohio 43215. Authority south and west of a line beginning at the operate as a common carrier, by motor sought to operate as a common carrier, Ohio-Pennsylvania State line and ex­ vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, tending eastward along U.S. Highway ing: General commodities, between transporting: Cl) General commodities 422 to junction U.S. Highway 219 at or points in Rhode Island. N o te : Applicant (except those of unusual value, classes near Ebensburg, Pa., and thence south states it intends to tack at points in A and B explosives, commodities requir­ along U.S. Highway 219 from Ebensburg, northern Rhode Island with its pres­ ing special equipment, those injurious or Pa., to the Maryland-Pennsylvania State ently held authority wherein it is author­ contaminating to other lading), (a) be­ line. ized to conduct operations in the States tween points in Franklin County, Ohio, MC-FC-71499. Authority sought by of Massachusetts, Connecticut, New on the one hand, and, on the other, points transferee, NYPENN DISTRIBUTION York, New Jersey, Pennsylvania, Mary­ in Ohio, and (b) between points in Stark LINES, INC., 1285 William Street, Buf­ land, Virginia, North Carolina, South County, Ohio, points in Brown Town­ falo, N.Y. 14206, for purchase of the op­ Carolina, Georgia, Florida, and the Dis­ ship, Carroll County, Ohio, points in that erating rights of transferor, ANTHONY trict of Columbia. This application is part of Smith Township, Mahoning Hr SANTIAGO, doing business as BISON directly related to MC-F 10641 which was County, Ohio, on and west of Bandy CITY CARTAGE CO., 1285 William published in the F ederal R e g ister issue Road, and points in that part of Green Street, Buffalo, N.Y. 14206. Applicants’ of October 29, 1969. I f a hearing is Township, Summit County, Ohio, on and representative: Raymond A. Richards, deemed necessary, applicant requests it south of Greensburg Road and on and registered practitioner, 23 West Main be held at Washington, D.C. east of U.S. Highway 241, on the one Street, Webster, N.Y. 14580. Operating No. MC 120307 (Sub-No. 4), filed hand, and, on the other, points in Ohio; rights in certificate No. MC-119449 June 19, 1969. Applicant: MORVEN (2) building materials, clay products, and sought to be transferred: Meats, meat FREIGHT LINES, INC., Post Office Box commodities in bulk, in dump trucks, be­ products and byproducts, dairy products, 718, County Road 1627, Wadesboro, N.C. tween points in Wayne County, Ohio, ex­ packinghouse products, frozen foods, 28170. Applicant’s representatives: cept Wooster, Ohio, on the one hand, and, canned goods, live lobsters, candy, con­ Charles B. Ratliff (same address as ap­ on the other, points in Ohio; (3) Com­ fections, and confectionary products, plicant) and H. P. Taylor, Jr., Anson modities, in bulk, in dump trucks, be­ from Buffalo, N.Y., to points in Allegany, Professional Building, Wadesboro, N.C. tween points in Cuyahoga County, Ohio, Broome, Cattaraugus, Cayuga, Chautau­ Authority sought to operate as a common on the one hand, and, on the other, points qua, Chemung, Cortland, Erie, Genesee, carrier, by motor vehicle, over iiregular in Ohio; (4) Commodities, in bulk, in Livingston, Monroe, Niagara, Onondaga, routes, transporting: (1) Petroleum, pe­ dump trucks, except lime and t sand, Ontario, Orleans, Oswego, Schuyler, Sen­ troleum products, and liquified petroleum between Mansfield, Ohio, and Spring- eca, Stueben, Tioga, Tompkins, Wayne, sas in bulk, in tank vehicles, from W il­ Wyoming, and Yates Counties, N.Y., mington, Morehead City, Beaufort, River field Township, Monroe Township, and Terminal, Thrift, Friendship, and Salis­ Sharon- Township, Richland County, varying with the commodity involved, bury, N.C., to points in Anson, Richmond, Ohio, on the one hand, and, on the other, and to points in Bradford, Cameron,

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 No. 218------8 18210 NOTICES

Crawford, Erie, Elk, Forest, McKean, ceedings with respect thereto. <49 CFR of East St. Louis, HI., of control of such Mercer, Potter, Susquehanna, Tioga, Part 240). rights through the purchase. Applicants’ Venango, and Warren Counties, Pa., attorney and representative: Mr. Ernest varying with the commodity involved. MOTOR CARRIERS OP PROPERTY Brooks n , 1301 Ambassador Building, MC-FC-71500. Authority sought by No. MC-F-10648. Authority sought for St. Louis, Mo. 63101 and G. M. Redman! transferee, DeCASPER BROS. FREIGHT control and merger by BURNHAM VAN 314 North Broadway, St. Louis, Mo! LINES, INC., 5 River Street, Bradford, SERVICE, INC., 1636 Second Avenue, 63102. Operating rights sought to be Pa. 16701, for purchase of a portion of Columbus, Ga. 31902, of the operating transferred: Calcium, carbonate of lime, the operating rights of transferor, rights and property of B & B SERVICES, and limestone, in bulk, in hopper type PETER P. DeCASPER, JR., AND HER­ INC., 821 Joy Road, Columbus, Ga. 31906, equipment, as a common carrier over ir­ MAN DeCASPER, a partnership, doing and for acquisition by B. L eROY BURN­ regular routes, from Sainte Genevieve, business as DeCASPER DELIVERY, Post HAM, and B. E. REESE, both also of 1636 Mo., to points in Hlinois (except those in Office Box 230, Bradford, Pa. 16701. Ap­ Second Avenue, Columbus, Ga. 31902, of Madison County, H I.). Vendee is author­ plicants’ representative: Raymond A. control of such rights and property ized to operate as a common carrier in Richards, 23 West Main Street, Webster, through the transaction. Applicants’ at­ Hlinois, Indiana, Arkansas, Iowa, Kan­ N.Y. 14580. Operating rights in Certifi­ torney: Wade H. Tomlinson, Post Office sas, Kentucky, Missouri, Nebraska, Ten­ cates Nos. 120449 (Sub-No. 2) and MC- Drawer 160, Columbus, Ga. 31902. Oper­ nessee, Minnesota, Oklahoma, and Wis­ 120449 (Sub-No. 3) sought to be ating rights sought to be controlled and consin. Application has not been filed for transferred: General commodities, with merged: (The issuance of a certificate temporary authority under section usual exceptions and except brick, tile, is being withheld until Commission ap­ 21Ga(b). and clay products, between Bradford, proval of common control under section No. MC-F-10651. Authority sought for Farmers Valley, and Kane, Pa., and 5(2) of the Act is obtained.) In pending purchase by CARTW RIGHT VAN between Bradford, Farmers Valley, and Docket No. MC-126811 Sub-1, covering LINES, INC., 4411 East 119th Street, Kane, Pa., on the one hand, and, on the the transportation of used household Grandview, Mo. 64030, of the operating other, points in McKean County, Pa., and goods, as a common carrier, over irregu­ rights of JUDITH L. McKEEVER, doing points in that part of Warren County, lar routes, between Columbus, Ga., on business as WEBSTER VAN LINES, 4411 Pa., located north and east of a line be­ the one hand, and, on the other, points East 119th Street, Grandview, Mo. 64030, ginning at the New York-Pennsylvania in Muscogee and Chattahoochee Coun­ and for acquisition by W ILLIAM F. State line and extending south along ties, Ga., and Chambers, Lee, and Rus­ CARTWRIGHT, JESSIE MAY CART­ U.S. Highway 62 to junction U.S. High­ sell Counties, Ala., with restrictions. WRIGHT, WILLIAM F. CARTWRIGHT, way 6, and thence southeast along U.S. BURNHAM VAN SERVICE, INC., is Jr., THOMAS W. CARTWRIGHT, and Highway 6 through Sheffield, Pa., to authorized to operate as a common car­ MICHAEL CARTWRIGHT, all also of Warren County-McKean County line, in­ rier in all States in the United States Grandview, Mo., of control of such rights cluding points on the highways named; (except Alaska), and the District of Co­ through the purchase. Applicants’ at­ general commodities, with usual excep­ lumbia. Application has not been filed for torney: Frank W. Taylor, Jr., 1221 Bal­ tions, between Jamestown, N.Y., and temporary authority under section timore Avenue, Kansas City, Mo. 64105. Bradford, Pa., serving no intermediate 210a(b). Operating rights sought to be trans­ points, but serving the off-route points of No. MC-F-10649. Authority sought for ferred: Household goods, as defined by Farmers Valley and Kane, Pa., and com­ purchase by WESTERN GILLETTE, the Commission, as a common carrier, position cans and closures for composi­ INC., 2550 East 28th Street, Los Angeles, over irregular routes, between points in tion cans, from the plantsite of R. C. Can Calif. 90058, of the operating rights of Weber County, Utah, on the one hand, Co., at Bradford, Pa., to Dundee, N.Y. JOHN W. SNAPE, INC., 701 May Street, and, on the other, certain specified points The above-entitled transfer applica­ Geneva, 111., and for acquisition by in Idaho and Wyoming. Vendee is au­ tions filed under section 212(b) of the DONALD E. CANTLAY, as VOTING thorized to operate as a common carrier Interstate Commerce Act are to be TRUSTEE, also of Los Angeles, Calif., of in all points in the United States (ex­ assigned for hearing at a time and place control of such rights through the pur­ cept Nevada, New Mexico, Alaska, and to be fixed for the purpose of determin­ chase. Applicants’ attorneys: Robert H Hawaii). Application has been filed for ing, among other things, whether com­ Levy, 29 South La Salle Street, Chicago, temporary authority under section mon control1 of transferors and/or C. H. HI. 60603, and Theodore W. Russell, 1545 210a(b). Bromley Motor Lines, Inc., may have Wilshire Boulevard, Los Angeles, Calif. No. MC-F-10652. Authority sought for been effectuated in violation of section 90017. Operating rights sought to be purchase by CARTW RIGHT VAN 5(4) of the Act; whether the proposed transferred: Under a certificate of reg­ LINES, INC., 4411 East 119th Street, transfers are within the exemption of istration, in Docket No. MC-98808 Sub-1, Grandview, Mo. 64030, of (1) the operat­ section 5(10) of the Act, and, if so, covering the transportation of general ing rights of R. H. OZMER, doing busi­ whether the applications satisfy the freight and paper, as a common carrier, ness as ATLANTIC TRANSFER COM­ Rules and Regulations Governing Trans­ in intrastate commerce within the State PANY, 236 West 25th Street, Norfolk, Va. fers of Rights to Operate as a Motor of Illinois. Vendee is authorized to oper­ 23501, and (2) a portion of the operating Carrier in Interstate or Foreign Com­ ate as a common carrier in Alabama, rights of C. R. BOWLBY & SON, INC., merce, 49 CFR Part 1132. Interested Arizona, Arkansas, California, Colorado, Buena Vista Road, Somerville, Mass., and persons have 30 days from the date of Florida, Georgia, Idaho, Indiana, Illinois, for acquisition by WILT JAM F. CART­ this publication in which to file petitions Kansas, Michigan, Louisiana, Maryland, WRIGHT, JESSIE MAY CART­ for leave to intervene. Such petitions Iowa, Missouri, Montana, New Mexico, WRIGHT, WILLIAM F. CARTWRIGHT, should state the reason or reasons for New York, Nebraska, Nevada, North Da­ Jr., THOMAS W. CARTWRIGHT, and the intervention, where the petitioner kota, Ohio, Oklahoma, Oregon, Pennsyl­ MICHAEL CARTWRIGHT, all also of wishes the hearing to be held, the num­ vania, South Dakota, Tennessee, Texas, Grandview, Mo., of control of such rights ber of witnesses it expects to present, Utah, Vermont, Washington, and Wyo­ through the purchases. Applicants’ at­ and the estimated time required for ming. Application has been filed for tem­ torney: Frank W. Taylor, Jr., 1221 Bal­ presentation o f its evidence. porary authority under section 210a(b). timore Avenue, Kansas City, Mo. 64105. N o t e : Docket No. MC-8948 Sub-90 is a Operating rights sought to be trans­ A pplications U n d e r S e c t io n s 5 an d matter directly related. 210a(b) ferred: (1) Household goods as defined No. MC-F-10650. Authority sought for by the Commission as a common carrier, The following applications are gov­ purchase by EE-JAY MOTOR TRANS­ over irregular routes, between Wallace, erned by the Interstate Commerce Com­ PORTS, INC., 15th and Lincoln, East St. N.C., and points in North Carolina within mission’s special rules governing notice Louis, HI. 62206, of a portion of the oper­ 100 miles thereof, and those in Virginia of filing of applications by motor car­ ating rights Of L. A. TUCKER TRUCK riers of property or passengers under sec­ LINES, INC., Post Office Box 538, Cape and South Carolina; and (2) household tions 5(a) and 210a(b) of the Interstate Girardeau, Mo. 63701, and for acquisi­ goods, as defined by the Commission, as Commerce Act and certain other pro­ tion by EDWARD J. DOUGHERTY, also a common carrier, over irregular routes,

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18211 between points in Missouri, Illinois, In ­ (temporary authority under section & NEBRASKA TRAN SIT CO., INC., 693 diana, Ohio, Pennsylvania, New York, 210a(b). Plymouth Avenue NE., Grand Rapids, and the District of Columbia, and those By the Commission. Mich. 49505. Applicant’s representative: in Maryland and Virginia within 10 miles William C. Harris (same address as of the District of Columbia. Vendee is [ s e a l ] H . N e il G a r s o n , above). Authority sought to operate as authorized to operate as a common car­ Secretary. a common carrier, by motor vehicle, over rier in all points in the United States (ex­ [F.R. Doc. 69-13485; Filed, Nov. 12, 1969; irregular' routes, transporting: Meats, cept Nevada, New Mexico, Alaska, and 8:49 a.m.] meat products, and meat byproducts and Hawaii). Application has not been filed articles, distributed by meat packing­ for temporary authority under section houses, as described in sections A and C 210a(b). [Notice 1348] of Appendix I to the report in Descrip­ No. MC-F-10653. Authority sought for MOTOR CARRIER APPLICATIONS AND tions in Motor Carrier Certificates, 61 purchase by IM L FREIGHT, INC., 2175 CERTAIN OTHER PROCEEDINGS M.C.C. 209 and 766, except commodities South 3270 West, Post Office Box 2277, in bulk in tank vehicles and except hides, Salt Lake City, Utah 84110, of a portion N o v e m b e r 7,1969. from points in the Omaha, Nebraska- of the operating rights of GRATALE The following publications are gov­ Council Bluffs, Iowa, commercial zone, to BROTHERS, INC., 461 River Road, Clif­ erned by the new Special Rule 247 of the points in Indiana, Michigan, and Ohio, ton, N.J. 07011, and for acquisition by Commission’s rules of practice, published restricted to traffic originating at points GATES CORPORATION, and, in turn in the F ederal R e g ist e r , issue of Decem­ in the Omaha, Nebraska-Council Bluffs, by THE GATES RUBBER COMPANY, ber 3, 1963, which became effective Jan­ Iowa, commercial zone. N o t e : Applicant both of 999 South Broadway, Denver, uary 1, 1964. states that the requested authority can­ Colo., of control of such rights through The publications hereinafter set forth not be tacked with its existing authority. the purchase. Applicants’ attorneys: reflect the scope of the applications as HEARING: December 1, 1969, at the Axelrod, Goodman and Steiner, 39 South filed by applicant, and may include de­ Sheraton-Fontenelle Hotel, 1806 Douglas LaSalle Street, Chicago, HI. 60603. Oper­ scriptions, restrictions, or limitations Street,. Omaha, Nebr., before Examiner ating rights sought to be transferred: which are not in a form acceptable to the James O’D Moran. General commodities, except those of Commission. Authority which ultimately By the Commission. unusual value and except dangerous ex­ may be granted as a result of the applica­ plosives, household goods as defined in tions here noticed will not necessarily [ s e a l ] h . N e il G a r s o n , Practices of Motor Common Carriers of reflect the phraseology set forth in the Secretary. Household Goods, 17 M.C.C. 467, com­ application as filed, but also will elimi­ [F.R. Doc. 69-13486; Filed, Nov. 12, 1969; modities in bulk, commodities requiring nate any restrictions which are not ac­ 8:49 a.m.] special equipment, and those injurious ceptable to the Commission. or contaminating to other lading, as a A pplications A s sig n e d fo r O ral H ea r in g common carrier, over irregular routes, [Notice 938] between New York, N.Y., and points in MOTOR CARRIERS OF PROPERTY MOTOR CARRIER TEMPORARY Essex, Union, Hudson, Bergen, Passaic, The applications immediately follow­ AUTHORITY APPLICATIONS Morris, and Middlesex Counties, N.J., ing are assigned for hearing at the time N o v em ber 7,1969. on the one hand, and, on the other, points and place designated in the notice of fil­ in that part of New York east of a line ing as here published in each proceeding. The following are notices of filing of beginning at Port Jervis, N.Y., and ex­ All of the proceedings are subject to the applications for temporary authority un­ tending along U.S. Highway 209 to special rules of procedure for hearing der section 210a (a) of the Interstate Kingston, thence along U.S. Highway 9W outlined below: Commerce Act provided for under the to Albany, thence along U.S. Highway 9 Special rules of procedure for hearing. new rules of Ex Parte No. MC-67 (49 to junction New York Highway 67, and (1) All of the testimony to be adduced CFR Part 1131) published in the F ederal south of a line extending along New York by applicant’s company witnesses shall R e g ist e r , issue of April 27, 1965, effective Highway 67 to the New York-Vermont be in the form of written statements July 1, 1965. These rules provide that State line, and those in New Jersey. which shall be submitted at the hearing protests to the granting of an applica­ Vendee is authorized to operate as a com­ at the time and place indicated. tion must be filed with the field official mon carrier in Utah, Colorado, Wyoming, (2) All of the written statements by named in the F ederal R eg ister publica­ Nevada, Nebraska, California, Illinois, applicant’s company witnesses shall be tion, within 15 calendar days after the Iowa, Arizona, Idaho, Kansas, Missouri, offered in evidence at the hearing in the date of notice of the filing of the applica­ Oregon, Ohio, Kentucky, Indiana, Wash­ same manner as any other type of evi­ tion is published in the F ederal R e g ist e r . ington, Pennsylvania, New York, Con­ dence. The witnesses submitting the One copy of such protests must be served necticut, New Jersey, and the District of written statements shall be made avail­ on the applicant, or its authorized repre­ Columbia. Application has been filed for able at the hearing for cross-examina­ sentative, if any, and the protests must temporary authority under section tion, if such becomes necessary. certify that such service has been made. 210a(b). (3) The written statements by appli­ The protests must be specific as to the No. MC-F-10654. Authority sought foi cant’s company witnesses, if received in service which such protestant can and Purchase by GEM C ITY TRANSFER evidence, will be accepted as exhibits. To will offer, and must consist of a signed LINE, INC., 1811 North 30th Street, the extent the written statements refer original and six copies. Quincy, 111. 62301, of a portion of the to attached documents such as copies of A copy of the application is on file, and operating rights and certain property oi operating authority, etc., they should be can be examined at the Office of the WARSAW TRUCKING CO., INC., 1102 referred to in written statement as num­ Secretary, Interstate Commerce Commis­ West Winona, Warsaw, Ind. 46580. Ap­ bered appendices thereto. sion, Washington, D.C., and also in field plicants’ attorney: Robert A. Sullivan office to which protests are to be (4) The admissibility of the evidence transmitted. 1800 Buhl Building, Detroit, Mich contained in the written statements and 48226. Operating rights sought to be the appendices thereto, will be at the time M otor C arriers o f P r o pe r t y transferred: Such commodities as are of offer, subject to the same rules as if No. MC 29919 (Sub-No. 19 T A ), sold by retail mail order houses, as a the evidence were produced in the usual common carrier, over irregular routes manner. filed October 23, 1969. Applicant: KO- irom Quincy, 111., to points in Hlinois WALSKY’S EXPRESS SERVICE, 2235 (5) Supplemental testimony by a wit­ West Main Street, Millville, N.J. 08332. Missouri, Iowa, and Wisconsin. Vendee ness to correct errors or to supply in­ is authorized to operate as a common Authority sought to operate as a com­ advertent omissions in his written state­ mon carrier, by motor vehicle, over ir­ carrier in Hlinois, Missouri, and Iowa; ment is permissible. regular routes, transporting: Plastic ar­ and as a contract carrier in Illinois and No. MC 82492 (Sub-No. 30), filed No­ ticles, and closures therefor, from Lake- Missouri. Application has been filed for vember 3, 1969. Applicant: MICHIGAN wood, Ocean County, N.J., to Suffern,

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 18212 NOTICES

N.Y.; Pearl River, N.Y., points in Nas­ protests to: Peter R. Guman, District shipper: Kerr Glass Manufacturing sau and Suffolk Counties, N.Y., point in Supervisor, Interstate Commerce Com­ Corp., Packaging Products Division, Lan­ Connecticut, points in Pennsylvania, mission, Bureau of Operations, 900 U.S. caster, Pa. 17604. Send protests to: Dis­ Maryland, and Delaware, bounded by a Customhouse, Second and Chestnut trict Supervisor J. H. Gray, Bureau of line beginning at Easton, Pa., thence Streets, Philadelphia, Pa. 19106. Operations, Interstate Commerce Com­ over U.S. Highway 22 to Allentown, Pa., No. MC 114115 (Sub-No. 21 T A ), filed mission, 345 West Wayne Street, Room thence over U.S. Highway 222 to Lan­ November 3, 1969. Applicant: TRUCK­ 204, Port Wayne, Ind. 46802. caster, Pa., thence over U.S. Highway WAY SERVICE, INC., 1099 Oakwood No. MC 127349 (Sub-No. 3 TA) (Cor­ 30 to the east bank of the Susquehanna Boulevard, Detroit, Mich. 48217. Appli­ rection), filed October 6, 1969, and pub­ River, thence along U.S. Highway 1 to cant’s representative: James R. Stiver- lished in the F ederal R egister issue of Baltimore, Md., thence southeast across son, 50 West Broad Street, Columbus, October 16, 1969, and October 28, 1969, Chesapeake Bay to Centerville, Md., Ohio 43215. Authority sought to operate and republished as corrected, this issue! Carville, Md., and Ingleside, Md., to the as a contract carrier, by motor vehicle, Applicant: GLENN DAVIS AND DON Delaware State line at or near Marydel, over irregular routes, transporting: Salt, R. DAVIS, a partnership, doing business Md., thence over Delaware Highway 8 in bulk, from Manistee, Mich., to points as DAVIS BROS., Post Office Box 962, to Dover, Del.,, thence along the Dela­ in Illinois and Indiana, for 180 days. Missoula, Mont. 59801. Applicant’s rep­ ware River to Easton, Pa., and the point Supporting shipper: Hardy Salt Co., 800 resentative: John P. Thompson, 450 of beginning, including all points on South Vandeventer Avenue, St. Louis, Capitol Life Building, East 16th Avenue, the described line; pallets and contain­ Mo. 63166. Send protests to: Gerald J. at Grant, Denver, Colo. 80203. Authority ers, used in the transportation of and Davis, District Supervisor, Interstate sought to operate as a contract carrier, returned shipments of the commodities Commerce Commission, Bureau of Op­ by motor vehicle, over irregular routes, specified above, from points in the erations, 1110 Broderick Tower, 10 transporting: (a) Stone, refractories, above-described territory to Lakewood, Witherell Street, Detroit, Mich. 48226. brick, and tile, and related masonry N.J., for 180 days. N o t e : Applicant will No. MC 117686 (Sub-No. 108 T A ), filed items when moving in mixed shipments accept no tacking restriction. Support­ October 31, 1969. Applicant: HIRSCH- with brick and tile, from points in ing shipper: Wheaton Plastics Co., Mays BACH MOTOR LINES, INC., 3324 High­ Colorado to points in Montana; (b) Landing, N.J. 08330. Send protests to: way 75 North, Sioux City, Iowa 51103. stone, brick, tile, lime, and manufac­ Raymond T. Jones, District Supervisor, Authority sought to operate as a common tured concrete building products, from Interstate Commerce Commission, Bu­ carrier, by motor vehicle, over irregular points in Utah to points in Montana; and reau of Operations, 410 Post Office routes, transporting: Canned and/or (c) stone and sand, from points in Idaho Building, Trenton, N.J. 08608. packaged animal feed, when moving in to points in Montana; all under a con­ No. MC 71452 (Sub-No. 7 T A ), filed the same vehicle and at the same time tinuing contract with Forzley Sales, Inc., November 3, 1969. Applicant: INDIANA with shipments of canned goods (pres­ Great Falls, Mont., for 180 days. N ote: TRANSIT SERVICE, INC., 4300 West ently authorized), from the plantsite The purpose of this republication is to Morris Street, Indianapolis, Ind. 46241. and/or warehouse facilities of Mavar change (a) above. Supporting shipper: Applicant’s representative: H. J. Noel Shrimp & Oyster Co., Ltd., at or near Forzley Sales Co., Post Office Box 2870, (same address as above). Authority Biloxi, Miss., to points in Kansas, 930 Riverdrive South, Great Falls, Mont. sought to operate as a common carrier, Nebraska, Missouri (except St. Louis, 59401. Send protests to: Paul J. Labane, by motor vehicle, over irregular routes, Mo., and points in its commercial zone), District Supervisor, Interstate Commerce transporting: General commodities (ex­ Iowa, and Arkansas, for 180 days. Sup­ Commission, Bureau of Operations, 251 cept those of Unusual value, classes A porting shipper: Mavar Shrimp & Oyster UjS. Post Office Building, Billings, Mont. and B explosives, household goods as de­ Co., Ltd., Biloxi, Miss. 39533. Send pro­ 59101. fined by the Commission, commodities tests to: Carroll Russell, District Super­ No. MC 133741 (Sub-No. 4 TA ), filed in bulk, and those requiring special visor, Interstate Commerce Commission, October 31, 1969. Applicant: OSBORNE equipment), restricted to shipments Bureau of Operations, 304 Post Office TRUCKING CO., INC., 1008 Sierra Drive, having a prior or subsequent movement Building, Sioux City, Iowa 51101. Riverton, Wyo. 82501. Applicant’s repre­ by aircraft, between the Weir-Cook No. MC 125770 (Sub-No.- 5 T A ), filed sentative: Robert S. Stauffer, 3539 Bos­ Municipal Airport (near Indianapolis, November 3, 1969. Applicant: SPIEGEL ton Road, Cheyenne, Wyo. 82001. Au­ In d .), on the one hand, and, on the other, TRUCKING, INC., 504 Essex Street, Har­ thority sought to operate as a contract points in Allen, Whitley, Huntington, rison, N.J. 07029. Applicant’s representa­ carrier, by motor vehicle, over irregular Kosciusko, Wells, Jefferson, Adams, and tive: Charles J. Williams, 47 Lincoln routes, transporting: Machinery, equip­ Ripley Counties, Ind., for 180 days. Sup­ Park, Newark, N.J. 07102. Authority ment, materials, and supplies used in or porting shippers: There are approxi­ sought to operate as a contract carrier, in connection with the manufacturing of mately 29 statements of support at­ by motor vehicle, over irregular routes, concrete products, between Riverton, tached to the application, which may be transporting: Steel office furniture and Wyo.ron the one hand, and on the other examined here at the Interstate Com­ equipment for the account of Hillside hand, Butte, - Glasgow, Great Falls, merce Commission, in Washington, D.C., Metal Products, Inc., from Newark, N.J., Helena, and Billings, Mont.; Minot, Wil- or copies thereof which may be exam­ to Savannah, Ga., for 180 days. Support­ liston, Bismarck, and Jamestown, N. ined at the field office named below. ing shipper: Hillside Metal Products, Dak.; Watertown, Rapid City, and Mitch­ Send protests to: James W. Habermehl, Inc., 300 Passaic Street, Newark, N.J. ell, S. Dak.; Windom, Austin, Crooks- District Supervisor, Interstate Com­ 07104. Send protests to: District Super­ ton, Chester, Olivia, Elk River, Duluth, merce Commission, Bureau of Opera­ visor Walter J. Grossmann, Interstate and Fergus Falls, Minn.; Hampton, Ce­ tions, 802 Century Building, 36 South Commerce Commission, Bureau of Op­ dar Rapids, and Des Moines, Iowa, for 180 Pennsylvania Street, Indianapolis, Ind. erations, 970 Broad Street, Newark, N.J. days. Supporting shipper: Riverton Con­ 46204. 07102. crete Products, ’ Division of The Cretex No. MC 110525 (Sub-No. 939 T A ), filed No. MC 127274 (Sub-No. 18 T A ), filed Companies Inc., Post Office Box 452, November 3, 1969. Applicant: CHEMI­ October 31, 1969. Applicant; SHER­ Riverton, Wyo. 82501. Send protests to: CAL LEAMAN TANK LINES, INC., 520 WOOD TRUCKING, INC., 1517 Hoyt District Supervisor Paul A. Naughton, East Lancaster Avenue, Downingtown, Avenue, Muncie, Ind. 47302. Applicant’s Interstate Commerce Commission, Bu­ Pa. 19335. Applicant’s representative: representative: Donald W. Smith, 900 reau of Operations, 259 South Center Edwin H. van Deusen (same address as Circle Tower Building, Indianapolis, Ind. Street, Casper, Wyo. 82601. above). Authority sought to operate as a 46204. Authority sought to operate as a No. MC 134135 TA, filed November 3, common carrier, by motor vehicle, over common carrier, by motor vehicle, over 1969. Applicant: WOODROW W. irregular routes, transporting: Adipic irregular routes, transporting: Glass GLIDEWELL, doing business as AC­ acid, dry, in bulk, from Belle, W. Va., to containers and closures therefor, from TION VAN & STORAGE, Post Office Box Perth Amboy, N.J., for 150 days. Sup­ Dunkirk, Ind., to points in Arkansas, 135, Santa Maria, Calif. 93454. Appli­ porting shipper: E. L du Pont de Nemours Georgia, Mississippi, North Carolina, and cant’s representative: Ernest D. Salm, & Co., Inc., Wilmington, Del. 19898. Send South Carolina, for 180 days. Supporting 3846 Evans Street, Los Angeles, Calif.

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 NOTICES 18213

90027. Authority sought to operate as a Pennsylvania, Massachusetts, and Wash­ cated on Burke County Road 11; Wild- c o m m o n carrier, by motor vehicle, over ington, D.C. Frank R. Bolte, 302 Frick rose, located on Williams County Road irregular routes, transporting: Used Building, Pittsburgh, Pa. 15219, attorney 17; and Coteau, located on a township h o u s e h o ld goods, between points in San for applicants. road off from North Dakota Highway 8. Luis Obispo and Santa Barbara Counties, No. MC-FC-71691. By order of Oc­ Both intrastate and interstate authority Calif., for 180 days. Supporting shipper: tober 30, 1969, the Motor Carrier Board sought. Lyon Van & Storage Co., 1950 South Ver­ approved the transfer to Rosa Mae Keys, HEARING: Not yet assigned. Requests mont Avenue, Los Angeles, Calif. 90007. Arlington, Va., of the operating rights for procedural information, including Send protests to: John E. Nance, Dis­ in permits Nos. MC-126966 (Sub-No. 1) the time for filing protests concerning trict Supervisor, Interstate Commerce and MC-126966 (Sub-No. 3) issued this application should be addressed to Commission, Bureau of Operations, April 26, 1966, and October 18, 1968, re­ the North Dakota Service Commission, Room 7708, Federal Building, 300 North spectively, to Grady A. Lanning, Arling­ Bismarck, N. Dak. 58501, and should not Los Angeles Street, Los Angeles, Calif. ton, Va., authorizing the transportation, be directed to the Interstate Commerce 90006. over irregular routes, of sand and gravel Commission. from the plantsite of the Davis Sand & By the Commission. State Docket No. 2395, filed September Gravel Co., near Clinton, Md., to Arling­ 11, 1969. Applicant: CURRY MOTOR [ seal] H . N e il G a r s o n , ton and Franconia, Va., restricted to FREIGHT LINES, INC., 700 Northeast Secretary. service performed under contracts with Third Street, Amarillo, Tex. 79105. Ap­ [F.R. Doc. 69-13487; Filed, Nov. 12, 1960; a named shipper. L. Agnew Myers, Jr., plicant’s representative: Richard Craig, 8:50 a.m.] 1122 Warner Building, Washington, D.C. 900 Perry-Brooks Building, Austin, Tex. 20004, attorney for applicants. 78701. Certificate of public convenience [Notice 443] [ s e a l ] H . N e il G a r s o n , and necessity sought to operate a freight Secretary. service as follows: Transportation of general commodities, (1) to, from, and MOTOR CARRIER TRANSFER [F.R. Doc. 69-13488; Filed, Nov. 12, 1969; PROCEEDINGS 8:50 a.m.] between Midland, Tex., and San Angelo, Tex., via Texas Highway 158 and U.S. N o vem ber 7, 1969. Highway 87, serving all intermediate Synopses of orders entered pursuant NOTICE OF FILING OF MOTOR CAR­ points, and serving all Government in­ to section 212(b) of the Interstate Com­ RIER INTRASTATE APPLICATIONS stallations and industrial plants whose merce Act, and rules and regulations pre­ main access is from the described high­ scribed thereunder (49 CFR Part 1132), . N o v e m b e r 7, 1969. ways, and coordinating this authority appear below: The following applications for motor With all other existing authority; and (2) As provided in the Commission’s spe­ common carrier authority to operate in to, from, and between Robert Lee, Tex., cial rules of practice any interested per­ intrastate commerce seek concurrent and San Angelo, Tex., via Texas High­ son may file a petition seeking recon­ motor carrier authorization in interstate way 158 from Robert Lee to Ballinger, sideration of the following numbered or foreign commerce within the limits Tex., U.S. Highway 83 from Ballinger proceedings within 20 days from the of the intrastate authority sought, pur­ to Menard, Tex., and U.S. Highway 87 date of publication of this notice. Pur­ suant to section 206(a) (6) of the Inter­ from Eden to San Angelo, Tex., serving suant to section 17(8) of the Interstate state Commerce Act, as amended October all intermediate points, and serving all Commerce Act, the filing of such a pe­ 15,1962. These applications are governed Government installations and industrial tition will postpone the effective date of by Special Rule 245 (49 CFR 1100.245) plants whose main access is from the de­ the order in that proceeding pending its of the Commission’s rules of practice, scribed highways, and coordinating this disposition. The matters relied upon by published in the F ederal R eg ist e r , issue authority with all other existing author­ petitioners must be specified in their pe­ of April 11, 1963, page 3533, which pro­ ity. Both intrastate and interstate au­ titions with particularity. vides, among other things, that protests thority sought. P.D. No. 25493. By order of October 31, and requests for information concerning HEARING: Not yet assigned. Requests 1969, Division 3, acting as an Appellate the time and place of State Commission for procedural information, including the Division, on reconsideration, approved hearings or other proceedings, any sub­ time for filing protests, concerning this the transfer to Brusco Towboat Co., a sequent changes therein, any other re­ application should be addressed to the corporation, Cathlamet, Wash., of the lated matters shall be directed to the Railroad Commission of Texas, Trans­ water carrier operating rights in the sec­ State Commission with which the appli­ portation Division, Capitol Station, Post ond amended certificate and order in cation is filed and shall not be addressed Office Drawer EE, Austin, Tex. 78711, No. W-71 issued May 22, 1958, to Roland to or filed with the Interstate Commerce and should not be directed to the Inter­ Brusco, doing business as Brusco Tow­ Commission. state Commerce Commission. boat Co., Cathlamet, Wash., authorizing State Docket No. M-1062, filed Octo­ State Docket No. A 51435, filed Octo­ the performance of general towage, as a ber 11, 1969. Applicant: JAMES R. ber 17,1969. Applicant: SMITH TRANS­ common carrier by towing vessels, in CLARK, Crosby, N. Dak. Certificate of PORTATION CO., a corporation, 731 interstate commerce, between ports and public convenience and necessity sought South Lincoln Street, Santa Maria, Calif. points along the Willamette River and to operate a freight service as follows: 93454. Applicant’s representative: Don­ tributaries below and including Port­ Transportation of general commodities, ald Murchison, 211 South Beverly Drive, land, Oreg., and the Columbia River and excluding liquids and cement in bulk as Beverly Hills, Calif. 90212. Certificate of Tributaries from Vancouver, Wash., to follows: U.S. Highway 52 Northwest of public convenience and necessity sought Wauna, Oreg., inclusive. Alex L. Parks, Minot, N. Dak., to junction of State to operate a freight service as follows: Parks, Teiser and Norrell, 710 Morgan Highway 8, thence north to Northgate, Transportation of general commodities, Building, Portland, Oreg. 97205, attorney N. Dak., thence west to Montana and with the usual exceptions: (A ) between for applicants. North Dakota border, thence south to all points and places in the Los Angeles Region (as described in paragraph (C) No. MC-FC-71667- By order of Oc­ Westby, N. Dak., thence east on State tober 30, 1969, the Motor Carrier Board Highway 5 to junction U.S. Highway 85, below), on the one handrand Paso Robles approved the transfer to E. R. Jarrell, thence south to junction State Highway and Cambria and all points and places on Pittsburgh, Pa.; of permit in No. 50, thence east on State Highway 50 and and along U.S. Highways Nos. 101 (In ­ MC-19917, issued October 12, 1949, to county road to junction U.S. Highway terstate No. 5) and 101A (Interstate No. Arthur B. Jarrell, Pittsburgh, Pa.; au­ 52, serving all intermediate points on 405), State Highways Nos. 1, 118, 126, thorizing the transportation o f: Oysters, said highways and the points of Kenas- 150, and 246, including service to all Ash, prepared food products, and adver­ ton, located on Ward County Road W -2; points and places within 10 miles later­ tising matter and stationery used or use­ Niobe, located on Ward County Road ally of said named highways, on the ful in the sale of such products, and W-2a; Ambrose, located on North Da­ other hand; (B) to, from", and between Packinghouse products, from, to, or be­ kota State Highway 42; Colgan, located all intermediate points and places be­ tween^ specified points in Maryland, on Divide County Road 2; Lignite, lo­ tween the said Los Angeles Region, on

FEDERAL REGISTER, VOL. 34, NO. 218— THURSDAY, NOVEMBER 13, 1969 182 14 NOTICES

the one hand, and Paso Robles and Cam­ said corporate boundary to McClay Ave­ HEARING: Not yet assigned. Requests bria, on and along U.S. Highways Nos. nue; northeasterly along McClay Avenue for procedural information, including 101 (Interstate No. 5) and 101A (Inter­ and its prolongation to the Los Angeles the time for filing protests concerning state No. 405), State Highways Nos. 1, National Forest Boundary; southeasterly 23, 118, 126, 150, and 246, and all points and easterly along the Los Angeles Na­ this application should be addressed to within 10 miles laterally of said high­ tional Forest to the Los Angeles County the California Public Utilities Commis­ ways, on the other hand; (C) Los Angeles line; southerly along the Los Angeles sion, State Building, Civic Center, 455 Region includes that area embraced by County line to its intersection with State Golden Gate Avenue, San Francisco, the following boundary: Beginning at Highway No. 71; southerly along State Calif. 94102, and should not be directed the intersection of Sunset Boulevard and Highway No. 71 to State Highway No. 91; to the Interstate Commerce Commission. U.S. Highway No. 101 Alternate; north­ westerly along State Highway No. 91 to easterly on Sunset Boulevard to State State Highway 55; southerly on State By the Commission. Highway No. 7 northerly along State Highway 55 to the Pacific Ocean; thence Highway No. 7 to Chatsworth Drive; northwesterly along the shoreline of the [ s e a l ] H. N e il G arson, northeasterly along Chatsworth Drive to Pacific Ocean to point of beginning. Both Secretary. the corporate boundary of the city of San intrastate and interstate authority [F.R. Doc. 69—13489; File d , Nov. 12, 1969; Fernando; westerly and northerly along sought. 8:50 &.m.]

CUMULATIVE LIST OF PARTS AFFECTED—-NOVEMBER

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 November

3 CFR Page 7 CFR—-Continued Page 15 CFR Page E x e c u t iv e O r d er s: P roposed R u l e s — Continued 1000______17806 8598 (revoked in part by PLO 1011------17776 1050 ______— 17770 4724) ______17773 1036------18173 11398 (amended by EO 11492) _ 17721 1133------17*960 16 CFR 11492 ____ 17721 8 CFR 13______— 17868-17871,17950 500 ______18159 5 CFR 212------»______18085 503______18086 213______17724, 17774, 17797, 18157 214------18085,18157 P roposed R ules: 238------18085 511______17774 423 ______17776 531______.______17774 316a------:------18086 550______17775 17 CFR 591------18157 9 CFR 78—------17769 231______18160 241 ______18160 7 CFR 101------18119 108------18119 Proposed R ules: 70------17755 109------18119 210_ _ 18130 225------;______17797 112 ------v------^______18004 230______— _____ 18130 301------17999 113 ------18004 239______. _• 18130 354______18001 114 ------18005,18119 240 18130 401------18002 116------18119 249 18130 722______18089 117 ------18120 728------17757 118 ------18120 18 CFR 847______18002 119------18120 850------17724 2 ...... 17803 120—------18120 157______18180 863 ______17797 121------18121 864 _____ 17800 P roposed R ules: 905 ______18089 10 CFR 620 ______17730 906 ______18002 P roposed R u l e s : 907 ------17949,18170 2 0 CFR 910------17724,18092, 18171 30 ------18178 602______17770 912------17725,18093 31 ------18178 947— ------18171 21 CFR 966------18090 12 CFR 18161 980------I______18091 217------18157 141c______984------17803 329—------18086 146a ______—_ 17725 146c______18161 989------18003 P roposed R u l e s : 991------18003 147 ______17725, 17726 1427______17725 217— _— ------17918,18130 148e_ __ 18087 1468______17803 148k ______17725 1472------17768 14 CFR 148n ____ 18161 148q ______17725 P roposed R u l e s : 39— ------17755, 18121 148x ______17725 81------17731 71------17725,17949,18005,18158,18159 301------18042 73— ------17805 P roposed R ules : 777—:------17730 97------18006,18086 120______. 17962 909------17776 249------17950 141 _ 18045 912------18043 P roposed R u l e s : 320______18042 948------18094 21------18094 966 ------17955 39------17963,18127,18128 22 CFR 967 ------18126 71— 17732,17733,17964,18175-18178 20 1______18122 993------18043 75------17733,18178 41______18161

FEDERAL REGISTER, V O L 34, NO. 218— THURSDAY, NOVEMBER 13, 196V FEDERAL REGISTER 18215

Page 24 CFR 32 CFR—Continued Page 43 CFR—Continued Page 17951 239^______P u b l18031 ic L an d O rders— Continued 203------17951 885_____;—______18162 4743 ______18169 207------17951 4744 ______18169 213------17952 32A CFR 221--- - 17952 FRS (Ch. XV): 45 CFR 232------17952 Reg. V ______— 17729 801—_, ____ —______17954 234------17952 236------17952 33 CFR 46 CFR 242_____ 17952 8______2 ______18034 —______18170 1000------17952 110—______17770, 18088 272______18035,18170 1665____ 18030 310— ______17729 35 CFR 25 CFR P roposed R u l e s : 67— _____—______18088 221_____ 18087 146______18046 536______18129 36 CFR 29 CFR 200______17879 47 CFR 18031 6 8 3 ------______18123 17804 0— ______1500...... 37 CFR 73 ______17873,17874,18036 Proposed R u l e s : 1____ 17772 74 ______18041 613______18044 83— ______17878 616______18044 38 CFR 85______17878 688— ______18044 3______18122 203______17879 690...... — 18044 P roposed R u l e s : 17732 727______41 CFR 2______17916 1-1_____ 17953 73 ______17916 31 CFR 1-15— ______18164 74 ______;_ 18043 101-19______17954,18123 225__ — _____ - 17953 81______17916 P roposed R u l e s : 83______17916,17917 Proposed R u l e s : 50-204______— 18043 85______— ______17916 222— ______18125 49 CFR 223— ______18125 43 CFR 1002______18041 P u b l ic L and O r d e r s: 32 CFR 1003—______18122 843 (revoked in part by PLO 1033______17729,17805,18122 1 ...... 17880 4723)______— _ 17773 1056______18041 2 ...... 17888 4582 (revoked in part by PLO 1131______— ______18122 3 ______17889 4723)______17773 1134______18122 4 ...... 4722______17773 17890 P roposed R u l e s : 5 „ ...... 17890 4723— ______- ____ —— 17773 17916 6______17894 4724 ____ 17773 195______7 ______4725 ______17773 371______18129 17895 18129 8 ...... 17896 4726 __ - 17774 393______9.__ : __ 4727______17774 1048______18179 17897 18046 12______17899 4737 ______18167 1056-______15— ___ 17904 4738 ______18167 18_____ 17912 4739 ______18168 50 CFR 19______17912 4740 ______18168 10— ______18123 24_____ 17912 4741 ______18169 32 ______17915,18041 30...... 17912 4742 _ 18169 33 ______17952 United States Govemment Organization MANUAL 1969-70

OFFICE OF fHE FEDERAL REGISTER National Archives and Records Service government Genera! Services Administration

Presents essential information about Government agencies (updated and republished annually). x m a Describes the creation and authority, bAwtyv organization, and functions of 5§§fi4*.L the agencies in the legislative, judicial, and executive branches. •S^k# This handbook is an indispensable «X», ^ ~ALu .¿.rAZAT* reference tool for teachers, " ■** | t* Ai „,_ students, librarians, researchers, **(**/, %*4 uALa^AZJ'A. _ ... _ _ businessmen, and lawyers who need current official information t* about the U.S. Government. The United States Government

iZ&A¿4r 4 ifA****** yAG •**Af Organization Manual is the mm/ /4»»««»'»iV . official guide to the functions 4. ^ ^ . U ~ //'A ~ tA ~ rA r: .A>^A-'A ,~ *fA ^ ('■«M‘4r 3®6z the Federal Register, GSA. o o iOivyiUi/^'VwVM yVM y/fc« / rp~A ». f tffi *9+0?yrft-■ per copy. Paperbound, with charts $%£*. *>. 'AfrA~^$*~**m***f£*£&***•*ft**** #. Order from Superintendent of Documents,

y*-ify jr r y ■ *'* <^' U.S. Government Printing Office, /4k/ -',~“S/£~‘* Washington, D.C.~ 20402.