FEDERAL REGISTER VOLUME 32 NUMBER 95

Wednesday, May 17,1967 • Washington, D.C. Pages 7327-7380 (Part II begins on page 7371)

Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Commerce Department Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Crop Insurance Corporation Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Bureau of Standards National Park Service Securities and Exchange Commission Social Security Administration Tariff Commission Detailed list of Contents appears inside.

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Contents agricultural stabilization Notices INTERIOR DEPARTMENT AND CONSERVATION SERVICE Requests for additional FM as­ See Fish and Wildlife Service; signments; statement of policy» 7349 Land Management Bureau ; Na­ Proposed Rule Making Hearings, etc.: tional Park Service. Akron Telerama, Inc. et al____ 7350 Processor wheat marketing certifi­ American Telephone and Tele­ INTERNAL REVENUE SERVICE cates------7337 graph Co______7350 Jobbins, Charles W. et al_____ 7350 Proposed Rule Making agriculture d ep a r t m en t Salter Broadcasting Co. Income tax; treatment of income See Agricultural Stabilization and (WBEL) et al______7353 from unrelated trade or busi­ Conservation Service; C o n ­ ness ______7337 sumer and Marketing Service; FEDERAL CROP INSURANCE Notices Federal Crop Insurance Cor­ poration. CORPORATION Jom, Floyd W.; grant of relief pursuant to Federal Firearms Notices A ct______7346 CIVIL AERONAUTICS BOARD Dry beans, Michigan; extension of Proposed Rule Making closing date for filing applica­ INTERSTATE COMMERCE Certificated air carriers; report­ tions for 1967 crop year______7347 COMMISSION ing of charter travel______7343 Notices Notices FEDERAL MARITIME Fourth section applications for Northern Consolidated Airlines, COMMISSION relief______7357 Inc. et al.; order instituting in­ Notices Motor carriers: vestigation,______7349 Sea-Land Service, Inc.; order Alternate route deviation no­ COMMERCE DEPARTMENT regarding increased rates on tices ______7358 beans, lentils, and peas__ :____ 7354 Applications and certain other See also National Bureau of Security for protection of the proceedings______7359 Standards. public: Intrastate applications______7365 Notices Dominion Navigation Co., Ltd. Temporary authority: applica­ et al.; issuance of certificates tions ______7366 Patent Office; organization and Transfer proceedings______7367 functions______7347 (performance)______7355 Oceanic Special Shipping Co., Petition for declaratory order; CONSUMER AND MARKETING Ltd. et al.; applications for Great Coastal Express, Inc____ 7368 certificates____ •______-.____ 7355 SERVICE LAND MANAGEMENT BUREAU Rules and Regulations FEDERAL POWER COMMISSION Notices Hops of domestic production; fill­ Rules and Regulations Nevada: ing deficiencies in salable quan- Proposed modification of na­ tity— ______7331 System flow diagrams; discon­ tinuance of reporting of certain tional forest boundaries-___ 7346 Proposed Rule Making information______7331 Public sale (2 documents) _ 7346, 7347 Milk in Mississippi marketing Notices NATIONAL BUREAU OF area; recommended decision Hearings, etc.: STANDARDS and opportunity to file written Albany, Mo., city of, and Michi­ exceptions on proposed amend­ gan Wisconsin Pipe Line Co_ 7355 Rules and Regulations ments______7338 El Paso Natural Gas Co______7355 Test fee schedules; metrology___ 7372 CUSTOMS BUREAU Public Service Company of New Hampshire______7356 NATIONAL PARK SERVICE Proposed Rule Making Unadilla, Ga., city of, and South Proration of overtime charges at Georgia Natural Gas Co____ 7355 Rules and Regulations airports______7337 United Gas Pipe Line Co. and Special regulations relating to Natural Gas Pipeline Com­ parks and monuments ; correc­ FEDERAL AVIATION pany of America______7356 tion ______7333 ADMINISTRATION Rules and Regulations FISH AND WILDLIFE SERVICE SECURITIES AND EXCHANGE Non-Federal navigational facili­ Notices COMMISSION ties; alternative formats of re­ Pioneer Shrimp Co., Inc.; notice Notices ports------7331 of hearing______7347 Hearings, etc.: Northern Instrument Corp____ 7356 FEDERAL COMMUNICATIONS FOOD AND DRUG Steel Crest Homes, Inc______7357 COMMISSION ADMINISTRATION Rules and Regulations SOCIAL SECURITY Proposed Rule Making Radio broadcast services; table of ADMINISTRATION assignments, FM broadcast sta­ Canned applesauce; standards of tions------7334 identity and fill of container 7342 Rules and Regulations Proposed Rule Making Federal credit unions, mergers; HEALTH, EDUCATION, AND approval by members______7333 Aircraft identification in radio Federal old-age, survivors, and communications______7345 WELFARE DEPARTMENT disability insurance; family re­ Television broadcast s t a t i o n s ; See Food and Drug Administra­ lationships, definitions______7332 table of assignments, Tulare, tion; Social Security Adminis­ Calif------7344 tration. (Continued on next page) 7329 7330 CONTENTS

TARIFF COMMISSION TRANSPORTATION DEPARTMENT Notices See Federal Aviation Administra­ tion. Cotton typewriter ^ribbon cloth; report to the President______7357 TREASURY DEPARTMENT Dairy products; notice of investi­ See Customs Bureau; Internal gation ______7357 Revenue Service.

List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1967, and specifies how they are affected.

7 CFR 19 CFR 26 CFR 991___ 7331 P roposed R u les: P roposed R u les: P roposed R u les: 24______7337 1______------7337 777______7337 1103______7338 20 CFR 36 CFR 404 _ _ . _ _ 7332 14 CFR 7______7333 171______7331 21 CFR P roposed R ules : 45 CFR P roposed R u les: 308______------7333 241______7343 27 ______7342 15 CFR 47 CFR 202____ 7372 73 ______7334 P roposed R u les: 18 CFR 7 3 ------7344 260_____ 7331 8 7 ______i __ -7345 7331 Rules and Regulations

factory to the Committee, of the condi­ ties approved under this part make out Title 7— AGRICULTURE tions beyond his control within the time reports, containing all the information C h a p te r IX— Consumer and Market­ prescribed by the Committee; and (4) required on the FAA forms, in formats the quantity of hops he acquires to fill that facilitate machine processing. There ing Service (Marketing Agreements the deficit does not exceed the amount is no reason why a report should not be and Orders; Fruits, Vegetables, specified in paragraph (b) of this sec­ accepted by FAA in such a format if it is Nuts), Department of Agriculture tion. equivalent to the FAA form both in con­ tents and in convenience with respect to PART 991— HOPS OF DOMESTIC (b) The amount of the deficit in any producer’s annual allotment that may FAA processing. PRODUCTION be filled shall be the lesser of: (1) The This amendment is made on the au­ Filling Deficiencies in Salable difference between his annual allotment thority of sections 305, 307, 313(a), 601, and his harvested quantity, or (2) the and 606 of the Federal Aviation Act of Quantify difference between his harvested quan­ 1958, as amended (49 U.S.C. 1346, 1348, Notice was published in the April 27, tity, if any, from acreage affected by con­ 1354(a), 1421, 1426). Since it relaxes ex­ 1967, issue of the F ederal R egister (32 ditions beyond his control and the isting requirements and does not put a F.R. 6501) regarding a proposal based quantity obtained by multiplying the burden on any person, notice and public upon the unanimous recommendation of producer’s base yield per acre, adjusted procedure thereon are not required and the Hop Administrative Committee to by the allotment percentage, by the num­ the amendment may be made effective modify requirements with respect to the ber of acres so affected. upon publication. filling of deficits in producers’ annual al­ (c) Conditions beyond his control may In consideration of the foregoing, FAR lotments by prescribing additional re­ include, but are not necessarily limited Part 171 (14' CFR Part 171) is amended quirements. The establishment of such to, .adverse climatic conditions such as by adding, in Subpart E—General, the additional requirements is pursuant to frost, hail, excessive wind or heat which following new section: § 991.38 of Marketing Order No. 991 (7 are beyond normal hazards of producing CFR Part 991; 31 F.R. 9713, 10072), reg­ hops in the particular location and ex­ § 171.73 Alternative forms of reports. ulating the handling of hops of domestic cesses or shortages of water not due to On a case-by-case basis, a Regional Di­ production effective under the Agricul­ faulty irrigation practices. rector may accept any report (except a tural Marketing Agreement Act of 1937, (d) Where a producer’s production of facility outage and failure report, Form as amended (7 U.S.C. 601-674). hops on all or a part of his hop acreage FAA-3092) in a format other than the The notice afforded interested persons is below normal by industry standards FAA form required by this part if he is an opportunity to submit written data, due to an overall “less than normal yield” satisfied that the report contains all the views, or arguments with respect to the not caused by conditions beyond his con­ information required on the FAA form proposal. None were submitted within trol, as defined in paragraph (c) of this and can be processed by FAA as con­ the prescribed time. Section 991.138d, as section, the producer shall not be eligible veniently as the FAA form. contained in the notice, has been revised to fill any portion of his annual allot­ Issued in Washington, D.C., on May 10, to clarify the intent thereof. ment deficit not caused by conditions 1967. After consideration of all relevant mat­ beyond his control, as defined in para­ W illiam F. M cK ee, ter presented, including that in the no­ graph (c) of this section. Administrator. tice, the information and recommenda­ (Secs. 1-19, 48 Stat. 31 as amended; 7 UJS.C. [F.R. Doc. 67-5473; Filed, May 16, 1967; tions submitted by the Committee and 601-674) 8:46 a.m.] other available information, it is hereby found that the requirements hereinafter Dated: May 12, 1967, to become effec­ set forth with respect to filling deficien­ tive 30 days after publication in the F ed­ cies in producers’ annual allotments, eral R egister. Title 18— CONSERVATION OF pursuant to § 991.38 are in accordance P aul A. Nicholson, with the Marketing Order and will pro­ Deputy Director, POWER AND WATER RESOURCES vide an equitable and uniform basis for Fruit and Vegetable Division. Chapter I— Federal Power producers’ to fill deficits in their annual [F.R. Doc. 67-5479; Filed, May 16, 1967; allotments and enable them to plan their 8:46 a.m.] Commission cultural practices accordingly and with [Docket No. R-322; Order No. 345] certainty, and will tend to effectuate the declared policy of the act. The require­ PART 260— STATEMENTS AND ments shall be as follows; Title 14— AERONAUTICS AND REPORTS (SCHEDULES) § 991.138d Filling deficiencies in salable System Flow Diagrams; Discontin­ quantity. SPACE uing Reporting of Certain Infor­ Pursuant to § 991.38(d), the require­ mation ments therein with respect to the filling Chapter I— Federal Aviation Adminis­ M ay 9,1967. of deficiencies in annual allotments are tration, Department of Transporta­ modified as follows: tion Section 260.8 of the Commission’s reg­ ulations 1 requires certain Class A natural (a) Except as limited by paragraph [Docket No. 8159; Amdt. 171-3] gas pipeline companies to file annually a (d) of this section, a producer otherwise flow diagram reflecting the operating eligible pursuant to 5 991.38(d) to fill p a r t 171— NON-FEDERAL such a deficit in his annual allotment NAVIGATIONAL FACILITIES conditions on their main transmission may do so only if : (1) Such producer ex­ systems during the previous year. One of Alternative Formats of Reports the items of information now required periences conditions beyond his control, to be submitted by paragraph (b) of the as defined in paragraph (c) of this sec­ The purpose of this amendment is to section is— tion; (2) he notifies the Committee with­ authorize the Regional Directors to ac­ in 48 hours, or such other time as the cept the reports that this part requires 1 Promulgated by Order No. 303-A Issued Committee may prescribe, of such con­ to be made on FAA forms, in other equiv­ May 10, 1966 in Docket No. R-257, 35 FPC ditions; (3) he furnishes proof, satis­ alent formats. The owners of some facili­ ------, 31 F.R. 7226.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7332 RULES AND REGULATIONS (12) The average and maximum (coinci­ (Secs. 4, 5, 16, 52 Stat. 823, 824, 825, 830; quired age (if any). (This subparagraph dental and non-coincidental) daily volumes 15 U.S.C. 717c, 717d, 717f, 717o) is effective for benefits for months after delivered at each takeoff point during the August 1965.) reporting year. * * * (B) This amendment shall be effective upon the issuance of this order. 2. Section 404.1104 is revised to read A part of Item (12), the maximum (C) The Secretary shall cause prompt as follows: noncoincidental daily volume delivered publication of this order to be made in § 404.1104 Definition of widow. at each takeoff point, was required orig­ the F ederal R egister. inally to enable the Commission to study “Widow” means a claimant who has the feasibility of a proposed method of By the Commission. the legal relationship or the status, as allocation of pipeline company costs. [seal] G ordon M. G rant, described in § 404.1101, of widow of the That particular study is now completed Acting Secretary. man on whose earnings record her ap­ and since we recognize that to obtain [F.R. Doc. 67-5459; Filed, May 16, 1967; plication is based, and (except for the data on the maximum noncoincidental 8:45 a.m.] purpose of entitlement to a lump-sum daily deliveries imposes a substantial death payment) who: burden on the reporting companies, we (a) Is the natural mother of his son or are deleting that requirement from the daughter (see § 404.1108); or regulations. Title 20— EMPLOYEES’ (b) Legally adopted his son or daugh­ The subparagraph also provides that ter while she was married to him and small deliveries, i.e., those less than 100 while such son or daughter was under Mcf per day, may be grouped for report­ BENEFITS age 18; or ing purposes in an appropriate manner. Chapter III— Social Security Adminis­ (c) Was married to him when he le­ Since this applies in any event to deliv­ tration, Department of Health, Ed­ gally adopted her son or daughter and eries which have little or no effect on ucation, and Welfare such son or daughter was under age 18; the operation of the pipeline, we have [Regs. No. 4, further amended] or determined that oUr purposes will be (d) Was married to him at the time adequately served if the breaking point PART 404— FEDERAL OLD-AGE, SUR­ both of them legally adopted a child for grouping deliveries be raised to 200 VIVORS, AND DISABILITY INSUR­ under age 18; or Mcf. ANCE (1950 ______) (e) Was married to him (or had the The Commission finds: status of his wife as described in § 404.- (1) Since the amendment relieves the Subpart L— Family Relationships 1101, or had been ceremonially married affected parties of an existing reporting to him under the conditions described in requirement and we now have no indi­ D efinition s § 404.1101(c) (2)) for a period of not less cation that any person or agency has Regulations No. 4 of the Social Security than 1 year immediately before the day any use for the information, it is un­ Administration, as amended (20 CFR he died; or necessary to comply with the notice and 404.1 et seq.), are further amended to (f) In the month prior to the month effective date provisions of section 4 of read as follows: of her marriage to him, she: the Administrative Procedure Act. 1. Section 404.1103 is revised to read as (1) Was entitled to wife’s (effective (2) The ariiendment herein adopted is follows: for benefits for months after August necessary and appropriate in the admin­ § 404.1103 Definition of wife. 1965), widow’s or parent’s insurance istration of the Natural Gas Act. benefits or met all the requirements for The Commission, acting pursuant to “Wife” means a claimant who has the entitlement to such benefits other than the authority of the Natural Gas Act, as legal relationship or the status, as de­ filing an application and attainment of amended, particularly sections 4,5,7, and scribed in § 404.1101, of wife of the man age 62 in such prior month; or 16 thereof (52 Stat. 822, 823, 825; 56 on whose earnings record her applica­ (2) Had attained age 18 and was en­ Stat. 83; 15 U.S.C. 717c, 717d, 717f, 717o), tion is based, and who: titled to child’s insurance benefits based orders: (a) Is the natural mother of his son on disability or met all the requirements or daughter (see § 404.1108); or for entitlement to child’s insurance (A) Part 260, Subchapter G, Chapter I (b) Was married to him (or had the benefits based on disability other than of Title 18 of the Code of Federal Regu­ status of his wife as described in filing an application; or lations is amended by revising subpara­ § 404.1101, or had been ceremonially (3) Was entitled under section 5 of graph (12) of § 260.8(b). As revised, the married to him under the conditions de­ the Railroad Retirement Act of 1937 to subparagraph reads as follows: scribed in § 404.1101(c) (2)) for a period a widow’s, child’s (after attainment of § 260.8 System flow diagrams. of not less than 1 year immediately pre­ age 18), or parent’s insurance annuity * * * * * ceding-the day on which her application or met all requirements for entitlement (b) * * * is filed; or to such an annuity other than filing an (12) Volumes delivered: (i) The aver­ (c) In the month prior to the month application and attainment of the re­ age daily volumes delivered at each of her marriage to him: quired age (if any). (This subparagraph takeoff point, (ii) the volumes delivered (1) Was entitled to wife’s (effective is effective for benefits for months after at each takeoff point on the day of maxi­ for benefits for months after August August 1965.) mum coincidental delivery, and (iii) the 1965), widow’s, or parent’s insurance benefits, or upon application therefor 3. Section 404.1105 is revised to read maximum daily volumes (noncoinci­ as follows: dental) delivered to each customer under and attainment of age 62 in such prior rates subject to FPC jurisdiction. Where month, would have been entitled to such § 404.1105 Definition of divorced wife, deliveries to a single customer are made benefits; or surviving divorced wife, and surviving at two or more points and conjunctive (2) Had attained age 18 and was en­ divorced mother. billing is used to determine charges, the titled to child’s insurance benefits based (a) “Divorced wife” means a claimant volumes delivered shall be reported on on disability or met all requirements for whose marriage to the man on whose the conjunctive basis. Small deliveries entitlement to child’s insurance benefits earnings record her application is based (less than 200 Mcf per day) which have based on disability other than filing an has been terminated by a final divorce little or no effect upon the operation of application; or on or after the 20th anniversary of the the pipeline may be grouped in an appro­ (3) Was entitled under section 5 of the marriage: Provided, That, if she was priate manner, i.e., between compressor Railroad Retirement Act of 1937 to a married to and divorced from him more stations or the last mainline compressor widow’s, child’s (after attainment of age than once, she was married to him in station and the end of the pipeline. If an 18), or parent’s insurance annuity or each calendar year of the period be­ estimate is used for a delivery, so met all requirements for entitlement to ginning 20 years immediately before the indicate. such an annuity other than filing an date any divorce became final and ending

* * ♦ * * application and attainment of the re­ with the year that divorce became final.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7333

(b) “Surviving divorced wife” means is effective for benefits for months after a claimant whose marriage to the de­ August 1965.) Title 36— PARKS, FORESTS, ceased individual on whose earnings rec­ 5. Section 404.1107 is revised to read ord her application is based had been as follows: AND MEMORIALS terminated by a final divorce on or after the 20th anniversary of the marriage: § 404.1107 Definition of widower. Chapter I— National Park Service, Provided, That, if she was married to “Widower” means a claimant who has Department of the Interior and divorced from him more than once, the legal relationship or the status, as PART 7— SPECIAL REGULATIONS RE­ she was married to him in each calendar described in § 404.1101, of widower of the year of the period beginning 20 years woman on whose earnings record his LATING TO PARKS AND MONU­ immediately before the date any divorce application is based and (except for the MENTS became final and ending with the year purpose of entitlement to a lump-sum Miscellaneous Amendments that divorce became final. death payment) who: (c) “Surviving divorced mother” (a) Is the natural father of her son Correction means a claimant whose marriage to the or daughter (see § 404.1108); or In FR. Doc. 67-5028 appearing at page deceased individual on whose earnings (b) Legally adopted her son or daugh­ 6932 in the issue of Friday, May 5, 1967, record her application is based had been the following entries in the Note to Part terminated by divorce and who: ter while he was married to her and while (1) Is the mother of his son or such son or daughter was under age 18; 7 are corrected to read: daughter; or or Colonial National Historical Park, Va__ 7.1 (2) Legally adopted his son or daugh­ (C) Was married to her when she Crater Lake National Park, Or eg------7. 2 ter while she was married to him and legally adopted his son or daughter while Glacier National Park, Mont------7.3 such son or daughter was under age 18; Grand Canyon National Park, Ariz____ 7. 4 while such son or daughter was under Mount Rainier National Park, Wash___ 7. 5 age 18; or or Muir Woods National Monument, Calif_7. 6 (3) Was married to such individual (d) Was married to her at the time Rocky Mountain National Park, Colo-----7. 7 when he legally adopted her son or both of them legally adopted a child un­ Sequoia—Kings Canyon National Parks, daughter while such son or daughter was der age 18; or C alif______7. 8 underage 18; or (e) Was married to her (or had the Shiloh National Military Park, Tenn___7. 9 (4) Was married to him at the time status of her husband as described in both of them legally adopted a child § 404.1101, or had been ceremonially under age 18. married to her under the conditions de­ (d) For purposes of this section, scribed in § 404.1101(c) (2)) for a period Title 45— PUBLIC WELFARE “divorce” and “divorced” refer to a di­ of not less than 1 year immediately be­ vorce from the bonds of matrimony. fore the day she died; or Chapter III— Bureau of Federal Credit Unions, Social Security Administra­ 4. Section 404.1106 is revised to read (f) In the month prior to the month of as follows: his marriage to her, he: tion, Department of Health, Educa­ (1) Was entitled to widower’s or par­ tion, and Welfare § 404.1106 Definition of husband. ent’s insurance benefits or met all the PART 308— MERGERS OF FEDERAL “Husband” means a claimant who has requirements for entitlement to such the legal relationship or the status, as benefits other than filing an application CREDIT UNIONS described in § 404.1101, of husband of the and attainment of age 62 in such prior Approval by Members woman upon whose earnings record his month; or application is based and who.: -• (2) Had attained age 18 and was en­ On pages 3778 and 3779 of the F ederal (a) Is the natural father of her son or R egister of March 7,1967, there was pub­ daughter (see § 404.1108); or titled to child’s insurance benefits based lished a notice of proposed rule making to (b) Was married to her (or had the on disability or met all the requirements amend § 308.4 of Part 308—Mergers of status of her husband as described in for entitlement to child’s insurance bene­ Federal Credit Unions, to provide that § 404.1101, or had been ceremonially fits based on disability other than filing a proposed merger may be approved by a married to her under the conditions de­ an application ; or majority of the members of each Federal scribed in § 404.1101(c) (2)) for a period credit union involved who cast their votes of not less than 1 year immediately pre­ (3) Was entitled under section 5 of the at a membership meeting or file written ceding the day his application is filed; or Railroad Retirement Act of 1937 to a ballots within 30 days following the (c) In the month prior to the month widower’s, child’s (after attainment of meeting. of his marriage to her, he: age 18), or parent’s insurance annuity or Interested persons were given 30 days (1) Was entitled to widower’s or he met all requirements for entitlement in which to submit written comments, parent’s insurance benefits or met all to such an. annuity other than filing an suggestions, or objections. The response the requirements for entitlement to such has been overwhelmingly in favor of the application and attainment of the re­ benefits other than filing an application proposal. The one objection received was quired age (if any). (This subparagraph and attainment of age 62 in such prior unsupported and necessitated no revision month; or is effective for benefits for months after of the proposal. August 1965.) (2) Had attained age 18 and was en­ The proposed amendment is hereby (Secs. 202, 205, 216, 1102, 49 Stat. 623, 53 adopted without change. titled to child’s insurance benefits based 1368, as amended, 64 Stat. 510, 49 Stat. 647, on disability or met all the requirements as amended; sec. 5, Reorganization Plan No. Dated: April 6,1967. for entitlement to child’s insurance bene­ 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 402, 405, [seal] J. D eane G annon, fits based on disability other than filing 416,1302) Director, an application; or Dated: April 24,1967. Bureau of Federal Credit Unions. (3) Was entitled under section 5 of the [seal] R obert M. Ball, Approved: April 24,1967. Railroad Retirement Act of 1937 to a Commissioner of Social Security. widower’s, child’s (after attainment of R obert M. B all, Approved: May 10,1967. Commissioner of Social Security. age 18), or parent's insurance annuity W ilbur J . Cohen, or met all requirements for entitlement Acting Secretary of Health, Approved: May 10,1967. to such an annuity other than filing an Education, and Welfare. W ilbur J . Cohen, application and attainment of the re­ [F.R. Doc. 67-5482; Piled, May 16, 1967; Acting Secretary of Health, quired age (if any). (This subparagraph 8:46 a.m.] Education, and Welfare.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7334 RULES AND REGULATIONS

Part 308, Chapter HI, Title 45 of the Ga., Brewton and Andalusia, Ala., Wick- proposal (report and order in Docket Code of Federal Regulations is amended enburg, Ariz., Potsdam, N.Y., New Albany, 16006, 1 FCC 2d 1060, adopted Oct. 20, by revising § 308.4 to read as follows: Ohio, and Circleville, Ohio), RM-957, 1965). Christian Voice tendered an appli­ § 308.4 Approval by members. RM-940, RM-941, RM-878, RM-944, cation for a station on this channel in RM-948, RM-949, RM-956, RM-958, April 1966. It was then discovered that Upon approval of the plan of the pro­ RM-959. any use of the New Albany assignment posed merger by the Director it may be 1. The Commission has under con­would involve a short separation with submitted to the members of each Fed­ sideration the further notice of proposed Station WPAY-FM on adjacent Channel eral credit union at their annual meet­ rule making issued herein on November 281 at Portsmouth, Ohio, since that sta­ ings if such are scheduled within 120 4, 1966 (FCC 66-963), proposing to tion’s transmitter is in Zone II (Ken­ days after such approval, or it shall be amend the FM Table of Assignments tucky) and it is thus a Class C station submitted to the members of each Fed­ (§ 73.242 of the rules) by assigning requiring a 105-mile separation with re­ eral credit union at special meetings to Channel 285A at Columbus, Ohio, and spect to Class A stations on first adjacent be called within 120 days, after such ap­ substituting Channel 296A for 285A at Channels (about 11 miles more than the proval; it shall be submitted to the mem­ Circleville, Ohio. The proposal was sup­ distance to the proposed New Albany bers of any State credit union included ported by The Christian Voice of Central site). Accordingly, in the initial notice in the proposed merger, and acted upon Ohio (Christian Voice), a potential ap­ herein (issued May 27,1966) we proposed thereby, in accordance with the require­ plicant for the Columbus assignment, on our own motion to delete the New ments of applicable State law. Federal and opposed by Honor L. Greenawalt Albany assignment. Christian Voice op­ credit union members shall have the and Nelson R. Embrey II, doing business posed this in comments. In August 1966, right to vote on the proposition in person as Circleville Broadcasting Co., licensee Christian Voice filed supplemental com­ at the meeting, or by written ballot to be of Station WNRE(FM), on Channel 285A ments (with a petition to accept them ), filed not later than 30 days following the at Circleville (WNRE). This station requesting 280A for New Albany for use date of the meeting. Written notice of would change channels under the pro­ on a short-spaced “equivalent protec­ the Federal credit union meetings, an­ posal. These were the only commenting tion” basis, but also advancing, as an nual or special, at which the proposed parties. alternative, its earlier proposal to return merger is to be considered, shall include Background. 2. A brief account of the Channel 285A to Columbus by making a summary of the plan of the proposed background of this matter will be help­ the Circleville shift. An opposition by merger, shall inform the members of the ful. The Table of FM Assignments WNRE and reply by Christian Voice were opportunity to vote on the proposition by (§ 73.202 of the rules), adopted in mid- written ballot, and when and where such 1963,1 contained seven Channels at Co­ filed, and on the basis of these pleadings written ballots may be filed, and shall lumbus, six Class B channels on which we issued the Further Notice herein, contain a form of written ballot for the stations were in operation, and Channel stating that the short-spaced New Al­ use of those members who will vote 285A, designed to provide an additional bany assignment is not warranted and thereby instead of in person at the meet­ channel in line with the general popula­ ing. The written notice shall be handed setting forth the Columbus-Circleville tion criteria used in preparing the Table.8 proposal. to each member in person, or mailed to Channel 292A was. assigned to Circleville each member at his address as the same (1960 Census population 11,059), some 4. Christian Voice, a nonprofit cor­ appears on the records of the credit 25 miles south of Columbus. No immedi­ poration formed to operate a religious union, as provided in the bylaws. In ate demand developed for the additional station, reasserts the need of Columbus order for the plan to be approved and Columbus assignment, and in mid-1964 it for a seventh commercial channel, call­ acted upon further by the Federal credit was deleted and assigned to Circleville ing attention to the 1960 Census popu­ unions it must receive the affirmative as a substitute for 292A, which was vote of a majority of the members of being deleted there for use as a first lation of that city (471,316) and its each such Federal credit union, who have assignment at another community standard metropolitan statistical area cast their votes at the membership meet­ (Docket 15424, 2 R.R. 2d 1695, 1698, FCC (Franklin County, 682,962). In particu­ ing or have filed a written ballot not later 64-616). No replacement at Columbus lar, it is urged that there is need for a than 30 days following the date of the could be fbund. In October 1964, an ap­ station of the sort Christian Voice would meeting. The results of the votes shall plication was granted for Channel 285A operate, largely devoted to religious be certified to the Regional Representa­ at Circleville, becoming Station WNRE. tive by the president and secretary of 3. In December 1964, Christian Voicebroadcasting (discussions by members of each of the credit unions promptly after filed a petition for rulemaking looking the clergy, programs for shut-ins and expiration of the period for the voting. toward returning 285A to Columbus by persons in institutions, Bible study, re­ (Sec. 21, 73 Stat. 635; 12 U.S.C. 1766) shifting the Circleville assignment and ligious drama, classical religious music, [FR. Doc. 67-5481; Filed, May 16, 1967; WNRE to Channel 296A, which could be church services, and sermonettes from 8:46 a.m.] used at that city. When WNRE (then a time to time during the day). It claims new CP holder) opposed the change, Christian Voice amended its petition to that other area stations do not meet the specify instead Channel 280A for New need for religious programing other than Albany, Ohio, a small community some on Sundays. It lists 45 Roman Catholic Title 47— TELECOMMUNICATION 12 miles from Columbus. It was repre­ and Protestant? churches supporting its Chapter I— Federal Communications sented that this assignment could be used proposal, and attaches letters from the Commission consistent with all mileage separation Radio and TV Director of the Roman requirements with respect to other as­ [Docket No. 16662; FCC 67-578] signments, and on this basis we proposed Catholic Archdiocese, the head of the PART 73— RADIO BROADCAST in Docket 16066 to assign Channel 280A Ohio Council of Churches, and 14 other SERVICES to New Albany, and later adopfed the ministers supporting its cause, as well as letters from the Mayor of Columbus and Table of Assignments, FM 1 Third report, memorandum opinion and other individuals to the same effect (a Broadcast Stations order in Docket 14185, 23 R.R. 1859, FCC 63-735, released Aug. 1, 1963. total of 300 are said to have been In the matter of amendment of 2 Further notice of proposed rule making received). § 73.202, Table of Assignments, FM in Docket 14185, FCC 62-867, released Aug. 5. In opposition, WNRE asserts that Broadcast Stations, (Leitchfield, Ky., 14, 1962. Cities of from 250,000 to 1,000,000 population were to be assigned, if possible, there is no substantial need for an addi­ Rolla and Columbia, Mo., Bakersfield, six to 10 commercial channels. Since Colum­ tional Columbus assignment, since there, Calif., Sandusky, Mich., Enterprise bus had a 1960 population of about 475,000 are now eight FM stations there (includ­ and Troy, Ala., Ladysmith, Wis., and and thus was not near the bottom of the Ironwood, Mich., Sturgeon Bay, Wis., bracket, the assignment of more than six ing two educational stations) and since Morris, Minn., Jerseyville, HI., Augusta, channels appeared appropriate. other stations present a substantial

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 .RULES AND REGULATIONS 7335 amount of religious programing.* It is the amounts set forth by WNRE and assignment at West Palm Beach (see 2 also claimed that Christian Voice’s oper­ whether certain items are properly in­ FCC 2d 828, 7 R.R. 1541, 6 R.R. 1514). ation would be by no means entirely of cludible at all, and reasserts its ability As in those cases (as well as those men­ this character, since in its application for to pay (showing cash in bank of more tioned by WNRE) the public interest in Channel 280A at New Albany it proposed than $5,000). An engineering affidavit is the new Columbus assignment outweighs about 35 percent of other types of pro­ attached in support of Christian Voice’s the amount of public detriment which graming, and 64 percent of its program­ lower cost figures. may be involved. We also note the argu­ ing would be commercial. In opposition to Conclusions. 7. After careful consider- ment that this is the second channel having to change channel, WNRE asserts tion of the facts and arguments urged shift at Circleville. This might be a con­ that it had to amend its pending appli­ by the parties, we conclude that the pro­ sideration if an authorized station had cation in 1964 because of the substitu­ posal should be adopted, and Channel been involved both times; but that is not tion of channels at Circleville (at a cost 285A assigned to Columbus and Channel the case here. As far as the public is con­ of some $1,300), and that this proposed 296A substituted for 285A at Circleville. cerned, this will be the first change. second shift would be disruptive of the As mentioned (footnotes 1 and 2), Co­ 9. We have reached the above deci­ stability to which a licensee is entitled. lumbus was assigned seven commercial sion on the basis of general allocation It is claimed that the station is just get­ channels when the PM Table was principles. As a general principle, chan­ ting established (it commenced opera­ adopted, and its size and importance nel assignment questions cannot be de­ tion in September 1965), and that the clearly warrant that number, in light of cided on the basis of programing to any change “could mean the difference be­ the general population criteria used.4 The substantial extent, for one reason be­ tween survival and demise” of Circle- number was temporarily reduced by our cause it cannot be determined who the ville’s only station, especially since its 1964 action removing one assignment, for grantee will ultimately turn out to be, former frequency would be used only a which no demand had developed, in order and for another because programing is short distance away in Columbus. It is to make a needed first assignment in subject to change. However, if it does said that listener confusion and loss of another community; but now that a de­ develop that Christian Voice becomes the revenue would result. WNRE refers to mand has been demonstrated and addi­ licensee on the new Columbus channel, two cases in which we have made new tion of a channel is possible without loss it appears that a significant contribu­ assignments by requiring stations in of assignments elsewhere, we believe the tion to the programing available in that other cities to change channels, and as­ proposed addition is clearly desirable. area would be made. serts that neither applies here because in The public interest in the new Columbus 10. Accordingly, we conclude that the both of those cases the new channel assignment, in our view, clearly out­ public interest would be served by adop­ would be the first in the community. weighs whatever disruption of .service tion of the proposal. As mentioned in the 6. A good deal of the arguments of themay occur temporarily in connection background discussion earlier, at one parties relates to reimbursement to with the Circleville operation. Economic time there appeared to be another means WNRE for the cost of changing channels, injury is, of course, a relevant cnsidera- of providing another channel in the which here, as in other similar cases, will tion only insofar as it affects the public Columbus area, and Channel 280A was be expected in a reasonable amount. interest rather than the private interest assigned at nearby New Albany. It later Christian Voice, as it had earlier, states of the licensee;B and we are not per­ developed that this assignment could not that if it becomes the permittee, it is suaded that the effect of the channel be used in compliance with the mileage ready to reimburse WNRE for the legiti­ shift is likely to be great enough to force separation and principal-city coverage mate and prudent out-of-pocket ex­ the demise of Circleville’s only local sta­ rule. In the further notice we indicated penses incurred in the move, engineering tion or a significant deterioration in its that we regarded assignment of that costs or otherwise, and to have the Com­ service. We believe that 2 years of opera­ channel on what would necessarily be a mission decide the matter if the parties tion, which the station will have accumu­ short-spaced basis as inappropriate, cannot agree. WNRE questions Christian lated by October 1967, when this action especially when an additional Columbus Voice’s ability to pay and urges that it becomes effective, should have given the assignment can be provided consistently should pay regardless of whether it ulti­ station sufficient identity with its listen­ with the rules. We adhere to that deci­ mately gets the channel or not, since it ers so that they will continue to listen sion: here, and Channel 280A is being is the party causing the shift if one is to it on its new channel. The October deleted from New Albany, There is no required. This party asks that, if the 1967 date should give adequate time for reason to make assignments in derroga- proposal is adopted despite its opposi­ WNRE to acquaint its audience with the tion of the rules when an assignment can tion, Christian Voice be required to com­ forthcoming change and engage in suit­ be provided which meets standard sep­ mit itself to pay the reasonable and able promotion. aration. requirements. See Danville and prudent costs of the change in frequency. 8. WNRE points to two cases in whichGretna, Va., Docket 15987, 5 FCC 2d WNRE sets forth a list of cost items it we ordered stations to change channels 333,8 R.R. 2d 1595 (1966). believes to be appropriate for reimburse­ in order to provide first assignments in 11. Reimbursement; who should pay: ment, set forth below and totaling over other communities (Kenton-Bellefon- WNRE claims that it should be reim­ $15,000, and asks for a Commission de­ taine, Ohio, and Miami-Hialeah, Fla.), bursed by Christian Voice whether or not termination as to which of these Chris­ and asserts that the same high degree of that party becomes the permittee on the tian Voice should be required to pay. In need is not present here. However, these new Columbus channel; Christian Voice reply, Christian Voice restates its will­ are by no means the only two cases in asserts that it should be responsible only ingness to pay reasonable costs but only which we have taken such action, nor if it gets the channel and that whoever if it gets the channels, questions both has it been confined to situations where becomes the permittee should be the a first assignment was involved. For ex­ source of reimbursement. We agree with *We note that one Columbus FM station, ample, in Docket 15937, we ordered a sta­ Christian Voice. In the Kenton-Bellefon- WCOL-FM, which was required to program tion at Prosser, Wash., to change in taine case cited by WNRE, and in other separately from the companion AM station 50 order to make a third assignment (first such cases, we have repeatedly stated percent of the time starting Jan. 1, 1967, has turned to a format largely devoted to re­ Class C) at Wenatchee; and in Docket that the reimbursement should come ligious music of various kinds. However, re­ 15911 we ordered a station at Cocoa, Fla., from the party benefiting from the ligious music is only one of the several types to change in order to provide a second change, i.e., whoever becomes the per­ of religious programing proposed by Christian mittee on the new channel (see 3 FCC 2d Voice. There is particular reference in the * Of the 27 cities with 1960 Census popu­ 605). opposition to a station at Springfield, Ohio, lations larger than Columbus, only two (At­ 12. Cost items claimed: As mentioned licensed to a religious group and devoted lanta and Memphis) are assigned six com­ primarily "to religious programing, which mercial channels; the rest have seven or above, WNRE sets forth a total of $15,409 WNRE claims is clearly received in Columbus. more. Several cities smaller than Columbus which it believes to be “legitimate and However, we note that, 43 miles away, this have seven or more, including Birmingham, necessary out-of-pocket expenses” and station does not put into Columbus a signal Oklahoma City, Omaha, and Portland asks the Commission to rule on which of anything like the 1 mv/m intensity speci­ (Or eg.). items we believe are reasonable and pru­ fied in § 73.315(b) of the rules as necessary sp e c v. Sanders Brothers Radio Station, dent, and require Christian Voice to com­ to provide service in metropolitan areas. 309 U.S. 470 (1940). mit itself to pay them. Christian Voice in

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 No. 95—Ft. I-----2 7336 RULES AND REGULATIONS

reply comments (supported by an engi­ icizes this figure, asserting that 6 Channel 285A until 45 days after grant neering affidavit) questions several of the months’ advertising is not necessary, of an application for that channel at cost figures and asserts that one item— since most of the informational job could Columbus. losses in revenue—should not be included be done by announcements over the sta­ 16. In view of the foregoing: It is or­ at all. We do not here pass upon the tion. We agree with WNRE that a cer­ dered, That: amounts set forth, since it cannot now tain amount of newspaper advertising (a) Section 73.202 of the Commission’s be determined what they will actually should be reimbursable, but as mentioned rules, the Table of FM Assignments, is prove to be; it appears at this point that above in connection with equipment, we amended, effective June 19, 1967, to de­ Christian Voice’s lower figures will likely do not believe the benefiting party lete the reference to New Albany, Ohio; be closer to the mark. The largest sum we should be required to pay for improving (b) Section 73.202 is amended, ef­ have approved in thèse cases is $2,800. the situation of the existing station. fective October 1, 1967, to read as fol­ We believe it appropriate, for the'guid­ While we do not now decide the question, lows with respect to the cities listed: it appears unlikely that more than $1,000 ance of the parties here and in similar Channel cases, to make Certain observations as to Would be appropriate on this score. City No. what items may be the subject of re­ (e) Loss of revenue. WNRE estimates Circleville, Ohio______296A imbursement: its loss of revenue—both during off-air Columbus, Ohio_ 222, 234, 242, (a) Engineering, legal, and equipment. time and subsequently through failure 246, 250, WNRE claims a total of about $6,700 in of advertisers to renew until listeners 259, 285A engineering and technical costs ($5,000 become familiar with the new dial posi­ (c) An application for renewal of for a new antenna and installation, $175 tion—at $3,000. Christian Voice asserts ¡license of Station WNRE, Circleville, for monitors, $15 for a frequency-meas­ that the Commission should adhere to its Ohio, shall specify Channel 296A instead uring service^ $1,000 in consulting engi­ position in the Kenton-Bellefontaine of Channel 285A; neering fees, $500 in legal fees). Christian case that such losses are not properly the (d) Station WNRE, Circleville, Ohio, Voice questions the amount for the an­ subject of reimbursement, because they may continue to operate on Channel tenna and the consulting engineering are speculative and conjuctural at best, 285A until October 1, 1967, or 45 days fees. We believe that the items mentioned the holding of a license is not a guar­ after grant of an application for a station are all appropriate for reimbursement, antee of profits or revenues, and the on Channel 285A at Columbus, Ohio, though, as stated, not necessarily the holder is not entitled to reimbursement whichever is later; or the licensee thereof amounts claimed.® We make one observa­ for loss thereof if the public interest re­ may apply for temporary authority to tion: A licensee required to change fre­ quires a change in facilities. (See 3 FCC operate on Channel 296A prior to October quency is entitled to reimbursement for 52d 605, 7 R.R. 2d 1608-1609.) We adhere 1,1967; equipment only to the extent new equip­ to this position. See Nelson Bros. Bond (e) At least 30 days before it wishes ment is actually required (i.e., some an­ and Mortgage Co. v. FRC, 289 U.S. 266 to commence operation on Channel tennas can be retimed for a relatively (1932). 296A, or within 30 days after it receives small shift), and only for equipment cor­ (f) Miscellaneous (telephone calls, notification from the Commission that responding to that previously in use. In etc.). $100. Reimbursement for such its operating authority on Channel 296A other words, the benefitting party should items appears appropriate. under paragraph 15(d) above, is about not be required to pay for improving and 13. We expect the parties to be guided to terminate, the licensee of Station modernizing the existing station’s facili­ in their negotiations by these observa­ WNRE shall submit to „the Commission ties. tions. It is expected that they will at­ the technical information normally re­ (b) Printing (logs and stationery), tempt in good faith to reach agreement. quired of an applicant for construction $89. Assuming new logs have to be 14. Procedural matters: We are mak­ permit on Channel 296A, including any printed, this appears appropriate. ing the new Columbus and Circleville changes in antenna and transmission (c) Out-of-pocket nonreducible ex­ assignments adopted herein effective line; and within 30 days after receiving penses while station is off the air. WNRE October 1, 1967, a period of nearly 5 Commission authority to operate on claims it will be off the air 1 to 2 weeks, months which should be adequate to pre­ Channel 296A it shall submit the meas­ with expenses continuing at the rate of pare for the changeover. Since this is the urement data normally required of an $983 a week, which is claimed (salaries expiration date of WNRE’s license, that applicant for FM station license. $850, telephone, rent, etc.). Christian station can be directed to change fre­ 17. Authority for the adoption of the . Voice asserts the changeover can be quency without following the require­ amendments is contained in sections made in a 12-hour period, certainly no ments of section 316 of the Communica­ 4(i), 303, 307(b), and 316 of the Com­ more than 1 to 2 days of off-air time, tions Act concerning modification of munications Act of 1934, as amended. or $382 at the rate mentioned. These license. See Transcontinent Television It is further ordered, That, this proceed­ expenses appear appropriate for reim­ Corp. v. FCC, 308 F. 2d 339 (1962). The ing is terminated. bursement for whatever silent period is renewal application for WNRE shall (Secs. 4, 303, 307, 48 Stat. 1066, 1082, 1083, actually needed to make the required specify Channel 296A instead of Channel as amended, sec. 316, 66 Stat. 717; 47 U.S.C. adjustment. It is expected that the li­ 285A, 154, 303, 307, 316) censee will attempt to resume opera­ 15. WNRE may continue to operate on Adopted: May 10,1967. tion as soon as possible. Channel 285A until at least October 1, (d) Advertising promotion for new 1967, unless it wishes to change over at Released: May 12,1967. frequency. WNRE claims $4,511 for an earlier date, in which case it may ap­ F ederal Communications newspaper advertising, including adver­ ply and will be given temporary authority Commission,7 tising for a 6-month period in a Colum­ to do so. As to operation after October 1, [seal] Ben F. Waple, bus daily, a Circleville paper and four 1967, if action on an application for the Secretary. other area papers. Christian Voice crit- Columbus assignment is not imminent [F.R. Doc. 67-5489; Filed, May 16, 1967; (e.g., if a comparative hearing situation 8:47 a.m.] * It is noted that the WNRE antenna could develops) it would be appropriate to per­ be used at Columbus and that a large portion mit WNRE to continue to operate on 1 Commissioners Bartley and Cox dessent- of the cost of a new antenna could be re­ Channel 285A if it desires to do so. We ing; Commissioners Wadsworth and Johnson covered. are providing that it may continue on absent.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7337

Proposed Rule Making

distributed among the operators of the The hearing will be held in Hearing DEPARTMENT OF THE TREASURY aircraft proportionally as the number of Room A, Interstate Commerce Commis­ entrances and clearances made by each sion Building, 12th and Constitution Bureau of Customs aircraft operator requiring customs Avenue NW., Washington, D.C. [ 19 CFR Part 24 ] service bears to the total number of en­ Persons who plan to attend the hear­ trances and clearances serviced during ing are'requested to notify the Commis­ PRORATION OF OVERTIME CHARGES the period. sioner of Internal Revenue, Attention: AT AIRPORTS (iii) Eighty-five percent of such totalCC:LR:T, Washington, D.C. 20224, by customs overtime charge for the period July 13, 1967. Telephone (Washington, Notice of Proposed Rule Making shall be distributed among the operators D.C.—area code 202) 964-3935. A notice of proposed rule making was of the aircraft proportionally as the In order to provide an orderly sched­ published in the F ederal R egister on De­ number of passengers and/or crew serv­ ule of appearances at a convenient time, cember 9, 1966 (31 F.R. 15544) f designed iced for each aircraft operator bears to it will be appreciated if all persons who to establish a standard formula for pro­ the total number of passengers and/or desire an opportunity to present oral rating among aircraft operators the crew serviced during the period. comments will so notify the Commis­ charges for customs overtime services This proration formula shall apply sioner at the earliest practicable date, rendered at airports under the customs only to overtime services rendered air­ even if they expect to defer submission of overtime laws (19 U.S.C. 267,1451) when craft carrying cargo and/or passengers their written comments until a date such charges could not be readily at­ for hire and in no case shall the prorated nearer the end of the period provided tributed to a specific aircraft on a time charge to an aircraft operator be more therefor (July 13, 1967). It will also be basis; i ? than the charge would have been had appreciated if such persons will notify The notice stated that prior to final the services been rendered as a separate the Commissioner of the number of per­ action on the proposal, consideration assignment for the aircraft operator. sons who will represent them at the would be given to all relevant data, views, * ■' * * * hearing. or arguments submitted in writing to the Prior to final action on this revised In order to facilitate the conduct of Commissioner of Customs. Comments re­ proposal to use the foregoing proration the hearing, it is requested that the oral ceived from interested parties indicated formula in distributing charges for cus­ comments be presented to the extent that the proposed ratio in distributing toms overtime services, consideration will practicable by one representative from total overtime charges was not consid­ be givenJto any data, views, or arguments each central organization which is com­ ered equitable according to the majority pertaining thereto which are submitted prised of several local organizations. of responses received. After careful con­ in writing to the Commissioner of Cus­ Lester R. Uretz, sideration of all responses received, it is toms, Washington, D.C., and received Chief Counsel. proposed to now amend § 24.16(j) of the not later than 20 days from the date of Customs regulations to read as follows: publication of this notice in the F ederal [seal] B y: J ames F. Dring, § 24.16 Overtime se rv ic es ; o v ertim e R egister. No hearings will be held. Director, Legislation and Regulations Division. compensation; rate of compensation. [seal] Lester D. J ohnson, * * * * * [F.R. Doc. 67-5561; Filed, May 16, 1967; Commissioner of Customs. 10:15 ajn.] (j) Proration of charges—(1) General. Approved: May 8,1967. If services are performed for two or more applicants during one continuous tour of T rue Davis, overtime duty, the charge for the extra Assistant Secretary compensation earned shall be prorated of the Treasury. DEPARTMENT OF AGRICULTURE equitably according to the time at­ [P.R. Doc. 67-5487; Piled, May 16, 1967; Agricultural Stabilization and tributed to the services performed for 8:47 a.m.] Conservation Service each applicant. For the purpose of this paragraph the Government shall be con­ Internal Revenue Service [ 7 CFR Part 777 J sidered the applicant for nonreimburs­ able overtime services. [ 26 CFR Part 1 1 PROCESSOR WHEAT MARKETING (2) Aircraft. When any services per­ CERTIFICATED INCOME TAX formed by customs employees for two or Notice of Proposed Rule Making more applicants during the 24-hour pe­ Treatment of Income From Unrelated riod of a Sunday or holiday or during Trade or Business Notice is hereby given pursuant to sec­ the night hours of 5 p.m. of any day and tion 4a, Administrative Procedure Act 8 a.m. of the following day cannot be The proposed amendment to the reg­ (60 Stat, -238, 5 U.S.C 553), that the 'readily attributed on a time basis to ulations under sections 512 and 513 of Agricultural Stabilization and Conserva­ specific aircraft in the judgment of the the Internal Revenue Code relating to tion Service proposes to issue Amend­ district director having customs super­ the treatment of income from unrelated ment 2 to the Republication of the Proc­ vision of the airport, the total charge trade or business was published in the essor Wheat Marketing Certificate Reg­ of the overtime compensation for such F ederal R egister for April 14, 1967. ulations (31 F.R. 13502). The amendment services during the entire period of the Interested persons are requested to sub­ originally proposed as Amendment 2 will Sunday, holiday, or night hours shall be mit any written comments prior to July be published as Amendment 1 to the prorated to the aircraft receiving such 13,1967. regulations. services during each such period on the A public hearing on the provisions of Consideration will be given to all writ­ following basis. • this proposed amendment to the regula­ ten comments or suggestions in connec­ (i) Five percent of such total customs tions will be held starting on Tuesday, tion with the proposed amendment filed overtime charge for the period shall be July 18,1967, at 10 a.m., e.d.s.t., and con­ in duplicate, with the Director, Procure­ distributed equally among the operators tinuing if necessary on July 19 and 20 ment and Sales Division, Agricultural of the aircraft. to hear oral comments from those who Stabilization and Conservation Service, (ii) Ten percent of such total customs may desire to make an oral presentation U.S. Department of Agriculture, Wash­ overtime charge for the period shall be in addition to commenting in writing. ington, D.C. 20250, during the 15-day

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7338 PROPOSED RULE MAKING period beginning with the date this no­ 1965, and July 1,1966, shall be $1.71 jper 1. Qualifying standards for pool tice is published in the F ederal R egister. cwt. which was determined on the basis plants. All written submissions made pursuant of the conversion factor 2.283, multiplied 2. Diversion provisions and producer to this notice will be made available for by the applicable certificate cost rounded status of new dairy farmers entering the public inspection in the Office of the Di­ to the nearest cent. The refund rate for market. rector at the above address during regu­ the marketing year beginning July 1, 3. Inventory classification. lar business hours (7 CFR 1.27(b) ). 1967, shall-be $1.69 per cwt. which was The proposed amendment is issued determined on the basis of a conversion 4. Classification of transfers from pursuant to the Agricultural Adjustment factor of 2.252, multiplied by the appli­ pool plants to nonpool plants. Act of 1938, as amended (see sec. 379a cable certificate cost rounded to the 5-.- An appropriate Class I price level to 379j, 52 Stat. 31, as amended, 7 U.S.C. nearest cent. The refund rate to be used after October 1966. 1379a to 1379j), to provide miscellaneous is the rate applicable to the marketing 6. Location differentials. changes in the Processor Wheat Market­ year in which the flour second clears A decision concerning Issue 5 was is­ ing Certificate Regulations as follows: were produced as shown by the processor sued October 28, 1966 (31 F.R. 14081), (1) Amend the definition of a plant on Form CCC-165. and an order effective December 1, 1966, so that any unit in which further proc­ was issued November 10, 1966 (31 F.R. essing of the food product first derived Effective date. It is proposed that the 14586). Findings and conclusions on the from the wheat occurs shall be consid­ provisions of this amendment shall be remaining issues are included herein. ered a separate plant. effective on July 1, 1967. Findings and conclusions. The follow­ (2) Extend the marketing certificate Signed at Washington, D.C., on May ing findings and conclusions on the ma­ cost of 75 cents per bushel through the 12,1967. terial Issues, 1 through 4, and 6, are marketing year beginning July 1, 1967. E. A. J aenke, based on evidence presented at the hear­ (3) Change the conversion factor for Acting Administrator, Agricul­ ing and the record thereof: flour derived in a 72 percent extraction tural Stabilization and Con­ 1. Qualifying standards for pool plants. rate type operation to reflect the actual servation Service. The four proposals made concerning average extraction of those processors [F.R. Doc. 67-5507; Filed, May 16, 1967; standards for pooling distributing and reporting on the conversion factor basis 8:49 a.m.] supply plants are dealt with in the fol­ during the marketing year beginning lowing findings and conclusions desig­ July 1, 1965. nated as (a), (b), and (c) under this (4) Change the conversion factor for Consumer and Marketing Service issue. semolina and farina to reflect the same (a) The pool plant definition should conversion factor provided for flour since [ 7 CFR Part 1103J be amended to include receipts of Grade these products are often produced as co­ [Docket No. AO-346-A3] A milk from other plants, as well as from products of flour. dairy farmers, as the basis for determin­ (5) Change the refund rate for flour MILK IN MISSISSIPPI MARKETING ing pool plant qualification of a dis­ second clears not used for human con­ AREA tributing plant. sumption to reflect the most recent ( 1966 Notice of Recommended Decision This method of defining pool distribut­ calendar year) actual industry average ing plants will make their regulated extraction rate. and Opportunity To File Written status depend on Class I utilization of The proposed amendment would read Exceptions on Proposed Amend­ at least 50 percent of all qualified Grade as follows: ments to Tentative Marketing A receipts rather than Class I utiliza­ Section 777.3(g) is amended by adding Agreement and to Order tion of the plant in relation to receipts the following: only from producers’ farms. With ihis (6) Any such unit in which further Pursuant to the provisions of the Ag­ modification the pool plant definition will processing of the food product first de­ ricultural Marketing Agreement Act of have a more uniform application among rived from the wheat occurs shall be 1937, as amended (7 U.S.C. 601 et seq.), distributing plants which have varying considered a separate plant (for example, and the applicable rules of practice and proportions of receipts direct from pro­ a bakery located in the same building or procedure governing the formulation of ducers and from other plants. adjacent to a processing plant). The marketing agreements and marketing Another effect of the definition change blending of a food product with another orders (7 CFR Part 90d), notice is that it will accord pool status to sev­ product or any other ingredient is not is hereby given of the filing with the eral distributing plants which handle considered further processing for the Hearing Clerk of this recommended de­ only milk received from pool plants. The purpose of this subparagraph (6). cision with respect to proposed amend­ effect on these plants will be minor, if Section 777.4(a) is amended by chang­ ments to the tentative marketing agree­ any, since all milk they now handle is ing the last sentence to read as follows: ment and order regulating the handling presently regulated by virtue of being “The cost of domestic certificates for the of milk in the Mississippi marketing area. received as transfers from regulated marketing years beginning July 1, 1965, Interested parties may file written ex­ plants. Occasionally such a plant may July 1, 1966, and July 1, 1967, çhall be ceptions to this decision with the Hear­ have overage which would be assigned a 75 cents per bushel.” ing Clerk, U.S. Department of Agricul­ value as part of the handler’s obliga­ ture, Washington, D.C. 20250, by the 15th Section 777.14(c) is amended by tion if the plant is pooled. Most of the day after publication of this decision route disposition of each of the plants changing the conversion factors of the in the F ederal R egister. The exceptions following products to read as follows: which would become a pool plant is with­ should be filed in quadruplicate. All in the marketing area. B—B u s h e ls o f written submissions made pursuant to There was no objection on the record wheat equivalent this notice will be made available for to extending full regulation to these per 100 pounds of public inspection at the office of the product (coriver- plants. The proposal for the amendment A—Food product sion factor) Hearihg Clerk during regular business was made by a group of cooperative as­ Flour (including clears) derived from hours (7 CFR 1.27(b)). sociations including one operating a conventional milling practices Preliminary statement. The hearing on plant to be regulated. Cooperative asso­ which are generally accepted in the the record of which the proposed amend­ ciations expressed concern that the milling industry In the United States ments, as hereinafter set forth, to the plants in question with most of their as representing a 72 percent extrac- tentative marketing agreement and to sales in the marketing area are presently tion rate operation______2.315 the order as amended, were formulated, treated as partially regulated distribut­ Semolina------2.315 was conducted at Jackson, Miss., on Sep­ ing plants. As partially regulated dis­ F arin a ______t— 2. 315 tember 13, 1966, pursuant to notice tributing plants there would be a pos­ Section 777.19(e) is amended to read thereof which was issued August 18, 1966 sibility that they could use milk from un­ as follows: (31 F.R. 11153), regulated sources without accounting (e) Refund rate. The refund rate for The material issues on the record of for its use in sales outside the regulated the marketing years beginning July 1, the hearing relate to: area.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, ,1967 PROPOSED RULE MAKING 7339 Plants presently regulated would be advantage to unregulated plants, allow­ 2. Diversion provisions. The order unaffected by this change. ing them to expand their sales in the should be amended so that the diversion (b) No change should be made in the marketing area to the detriment of fully of producer milk to nonpool plants: (1) definition of supply plant or coopera­ regulated handlers. During the months of September through tive standby plant. There are partially regulated plants November will be limited to a quantity Amendments to the pool supply plant at Tupelo, Miss., and Tuscaloosa, Ala., of milk not to exceed 30 percent of the provisions were proposed to allow credit with sales extending into the northern producer milk physically received at pool for Class I shipments outside the mar­ part of the marketing area. The pro­ plants; and (2) during the months of ket as part of the qualification for pool ponent regulated handler indicated he December through August will be lim­ status, and to allow cooperative standby encountered competition from these two ited to the milk erf dairy farmers who plants to qualify in some months on the plants in route disposition and in milk held producer status during each of the basis of prior performance. Under the procurement. These partially regulated 2 immediately preceding months or de­ first proposal a supply plant could qualify handlers procure their supply outside of livered at least 8 days production during if half of the required shipments were to order sources. Other partially regulated each of the 2 months. nonpool plants. With a total shipping plants with similar operations have sales The order now allows diversion of a requirement of 50 percent of the plant’s areas in the southern part of the State. producer’s milk on any day during De­ receipts, as now provided in the order, Total sales in the marketing area by cember through August, subject to the the proposal would allow for shipment of such operators average less than 1 per­ proviso that the dairy farmer was a up to 25 percent of receipts as Class I cent compared to Class I sales of regu­ producer under the order for the entire 2 milk to nonpool plants to count toward lated handlers. preceding months. During the months of qualification. The order affords certain alternatives September through November the pres­ Under the second proposal, a coopera­ to the operators of partially regulated ent limit is 15 percent of producer milk tive association could maintain its plant distributing plants. One of these, based physically received at pool plants. In the in pool status during February through on what his obligation would be if fully case of diversion by a cooperative the August if dining each of the prior months regulated, requires payment into the limitation applies as a percentage of of September through January 60 per­ producer-settlement fund of any excess member milk delivered to pool plants. cent of the milk of its member producers of this amount over his payments made In the case of diversions by a proprietary had been delivered from farms to pool to Grade A dairy farmers. The other al­ handler it applies as a percent of non­ distributing plants. ternative is to make payments to the member milk received at the handler’s One of the objectives of the propo­ producer-settlement fund at the rate of plant. An alternative provision on an in­ nents in this connection was to attain the difference between the Class I price dividual producer basis allows diversion greater flexibility so as to take advan­ and the weighted average price on the of 10 days of production. tage of opportunities to make Class I quantity of route disposition in the mar­ Cooperative associations in the market sales outside the market. Such sales keting area less Class I milk the plant proposed that the percentage limita­ would be to the benefit of members, and receives from pool plants. tion, as applied to diversions by coopera­ of benefit to other producers if the sales These obligations placed upon par­ tives, should be increased to 30 percent. were pooled. tially regulated handlers reduce the ad­ Proponent cooperatives are responsible for the marketing of most of the market’s Supply plant requirements, whether vantage that they may have compared to regulated handlers. The provisions of the milk supply. This includes handling of higher or lower than now in the order, reserve milk by diversion as well as di-, must be related to the particular situa­ Mississippi order applicable to such han­ dlers are similar to those used in most recting the day-to-day supply to pool tion in the market. The essential pur­ plants. Changes in the buying habits of pose is to assure an adequate^ supply of Federal orders. Reducing the measure of sales in the consumers have resulted in changes of milk for this fluid market. Once this handlers’ plant operations on certain objective is met, there is no restriction marketing area to an average of 1,000 pounds daily would tend to bring about days of the week. This has resulted in an as to sales by the plant to other markets. increased volume of milk each weekend But since sales outside the market are the full regulation of the plants now par­ tially regulated which have their princi­ that must be moved to nonpool plants not a supply to the market, they cannot by handlers and cooperative associations be used as a basis for qualifying a plant pal business outside the marketing area. for pooling. The handler with a plant at Tupelo for manufacturing purposes. stated that his plant would become regu­ The efficient handling of the reserve The record does not provide a basis supplies of milk under current market­ to judge whether the percentage shipping lated on the basis of the 1.5 percent of his total route disposition which is in the ing conditions requires greater flexibil­ requirement of pool supply plants or the ity than the order now provides. The monthly delivery requirements for a co­ marketing area. Data for other handlers similarly situated show that their route proposal made by the cooperative asso­ operative operating a standby plant ciations to increase the amount of milk should be modified. Since cooperatives disposition in the marketing area is gen­ operating standby plants normally have erally less than 2 percent of their total which may be diverted to 30 percent of route disposition. producer milk received at pool plants member milk moving to other handlers’ should be adopted. The same percentage pool plants each month, a performance The sales in the marketing area by should apply in the case of diversion by requirement each month is a proper basis plants with milk supplies from nonorder proprietary handlers. for qualifying such plants. Thus, to sources thus is small relative to total There is no percentage or quantity consider modification of requirements sales of such handlers. Their sales in the limit on diversions in the December for cooperative standby plants would re­ area also represent a relatively minor through August period. Producers eligible quire evidence as to whether the present portion of all marketing area sales. for diversion, however, are only those percentage requirement is too high or too The proposed change in the qualifying who were producers for the entire 2 pre­ low, and whether the percentage should provision was opposed by producer asso­ vary seasonally. - ceding months. Cooperative associations ciations supplying the market. They held that because additional flexibility in (c) The pool distributing plant defini­ claimed that its adoption would result in diversion is needed, the diversion privi­ tion should not be amended to qualify regulation of plants not sufficiently iden­ lege should apply to producers who held distributing plants on the basis of a daily tified with the market, and dissipate re­ producer status 20 days in each of the average of 1,000 pounds of route disposi­ turns to producers by the addition of tion in the marketing area. 2 preceding months. While it is ap­ dairy farmers who do not constitute part propriate that a more flexible require­ A proprietary handler complained that of the regular market supply. ment be adopted, accounting for an in­ the present pooling standard, 7,000 It is concluded that under current dividual farmer’s producer status in pounds daily of route disposition in the conditions the presence of some sales of terms of number of days may involve marketing area, permits partially regu­ nonorder milk in the market does not practical difficulties. For this reason the lated distributing plants to expand their constitute sufficient threat to the stabil­ requirement is modified to apply in terms operations in the regulated territory. He ity of the market to require adoption of days of delivery to pool plants. Delivery claimed that this represents an undue of the proposal. of 8 days’ production in each of the prior

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7340 PROPOSED RULE MAKING

2 months should be sufficient to assure packaged fluid milk products on hand rison County where a 16-cent higher association with the market. The existing at the beginning of the month should be price would apply. Proponents asserted provision of producer status in the entire allocated to any available Class II utili­ that the present differential pricing 2 preceding months is retained as an zation of the plant during the month. scheme is no longer necessary. They con­ alternative. The provisions so modified This is done because such products would tended present location pricing tends to will also tend to accommodate the han­ be classified as Class II ending inventory hinder the efficient movement of miiy dling of the milk of any dairy farmer in the month prior to the effective date to locations where it is needed for Class I qualifying as a producer for the first of the amendment. disposition. time. ^Ending inventory of bulk fluid milk The present location adjustment pro­ 3. Inventory classification. Fluid milkproducts should continue to be Class n . visions were established at the inception products on hand in packaged form at Carrying bulk product inventory at a of the Mississippi milk order effective the end of the month should be classified Class II value, is merely an accounting May-1, 1965. The basic Class I price was as Class I milk. Fluid milk products on procedure, and does not increase or de­ established at the Gulf Coast locations hand at the end of the month in bulk crease returns to producers over other of Gulfport and Pascagoula, and prices form should continue to be classified as classification. Generally this method for other locations were established at Class II. would he expected to result in a minimum differentials below such basic price. At This change in the handling of pack­ of reclassification charges. locations in central Mississippi, the aged product inventory will improve the 4. Classification of transfers from poolClass Z. price is 10 cents under the Gulf order accounting in several respects. plants to nonpool plants. The order Coast locations. Similarly, for the former Most of the month-end inventory of fluid should be amended to provide that milk Delta order area the price is 26 cents per milk products in packaged form will be transferred from a nonpool plant to a hundredweight under the Gulf Coast used in the following month as Class I second nonpool plant may be classified locations. This, in effect, continues the disposition. The amendment, therefore, in the same manner as milk transferred same geographic pricing pattern as would eliminate reclassification of such or diverted from a pool plant to the first existed under the prior separate orders. inventories of packaged products in the nonpool plant. The farms of producers in the southern subsequent month. Further, this method A proprietary handler who assembles half of the present Delta pricing area will provide a basis for including as in­ are so situated as to make it economi­ small loads of milk at a nonpool receiv­ cally possible to deliver milk to either ventory all of the packaged fluid milk ing station for bulk movement to a sec­ products held by the handler at the end Delta or Central zone plants. Formerly, ond nonpool plant for manufacturing re­ under the separate orders, a difference of the month, whether in his processing quested an amendment which would plant or at other locations such as dis­ in the blend prices of the two orders pro­ classify the milk as used in the second vided an incentive to deliver milk to tribution points. The amendment will, nonpool plant. In this case the first non­ therefore, provide a method of pricing plants under the order with the less pool plant has holding tanks and cooling ample supply. Under the single order for such fluid milk products in the month in facilities, but does not otherwise process which disposed of by the handler, both Central and Delta areas this incen­ the milk. This type of handling is eco­ tive no longer exists. During 1963, for whether from his plant or from distribu­ nomical for assembling the milk of a tion points. instance, which was the last full year number of producers located near the in which separate orders applied in the In the long run, the proposed tech­ first plant for movement in large tank Central Mississippi and Delta areas, the nique will affect neither handlers’ costs loads to the manufacturing plant. Delta order uniform price averaged 11 nor producers’ returns. In the first The handler pointed out, however, that cents higher than the Central Mississippi month in which it is effective, it will in­ the order would classify the milk leaving order price. This was due to a higher crease handlers’ costs by the difference the first nonpool plant as Class I, based utilization in Class T in the Delta area between the Class I and Class II prices on on the form in which it leaves the plant. although the Class I price in Central the volume of packaged fluid milk prod­ Thus the milk would be charged as Class Mississippi averaged 17 cents per hun­ ucts previously classified as Class II end­ I although its ultimate disposition is use dredweight higher than the Delta Class I ing inventory. This amounts merely to for manufacturing in the second nonpool price.1 establishing a Class I value at an earlier plant. The present order, however, provides date for such products which would be In this case the milk is not changed in a uniform price 16 cents higher for deliv­ entirely or very substantially valued at form in the first nonpool plant, but is ery to a plant in the central zone than the Class I pricçin the succeeding month only assembled, cooled and reshipped. It in the Delta area. For producers situated under existing order provisions. is-appropriate to allow the classification so as to be able to ship either way, there To insure that all handlers pay the to depend on utilization in the second thus is incentive to ship to central zone current month’s Class I price for pro­ nonpool plant to which the milk is plants rather than to Delta area plants. ducer milk disposed of during the month, shipped, providing proper records are This has occurred without regard to it is provided that if the Class I milk available at the second nonpool plant need for milk supplies at the particular price increases over the previous month, substantiating the class use. point of delivery and to the extent that the handler will be charged the differ­ The classification of transfers out of some milk so delivered is returned to the ence between the Class I milk price for the first nonpool plant should be made Delta area. the current month and the Class I milk in the same manner as under the provi­ The populated areas to be served with­ price for the preceding month on the sions which now apply to transfers from in the marketing area are widely spread quantity of packaged fluid milk prod­ a pool plant to a nonpool plant. In this throughout the area. Slightly more than ucts carried over as inventory. If the case, applying the same provisions, the 40 percent of the total population of the Class I milk price decreases, the han­ determination of classification would Central and Delta areas is within the dler will receive a credit. depend on total utilization at the second Delta area. Thus, the most economic The allocation section of the order nonpool plant . delivery of milk to this portion of the should be amended to provide that in­ The order should be amended in this market population is significant to an ventory of such packaged fluid milk prod­ manner. efficient marketing system. ucts on hand at the beginning of the 6. Location differentials. The handler Most of the milk for the market is month be subtracted from Class I milk and producer location differentials produced within the marketing area. utilization immediately after the alloca­ should be changed to provide a single The heaviest concentration of the pro­ tion of shrinkage and packaged fluid location adjustment of minus 16 cents duction is in the central portion of the milk products from other orders, and per hundredweight in the two areas area. Thus, for the purpose of meeting before making the other assignments where minus adjustments of 10 and 26 consumption requirements, there would therein provided. Except in unusual cir­ cents now apply. not ordinarily be need to move consider- cumstances, this would result in assign­ Producer cooperative associations re­ ment of all packaged inventory to Class I. quested that Class I and producer prices 1 Official notice is taken of published data In the first month the amendment be­ be at the same level throughout the for the Delta and Central Mississippi mar­ comes effective, however, inventories of entire marketing area, except in Har­ kets. , ,

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 PROPOSED RULE MAKING 7341 able quantities of milk out of the Delta Proponents stated that not all of the lowing order amending the order as area into the Central area. producer milk at a pool plant is phys­ amended regulating the handling of milk It is concluded that the present differ­ ically available for Class I due to normal in the Mississippi marketing area is rec­ ence in prices between the Central and plant loss and route returns which re­ ommended as the detailed and appro­ Delta areas is unnecessary and should be ceive a Class n utilization. priate means by which the foregoing deleted. Under the present application of loca­ conclusions may be carried out. The rec­ The new location differential system, tion differential provisions, direct re­ ommended marketing agreement is not provided herein, is designed to produce ceipts of producer milk at the transferee included in this decision because the reg­ the same average returns to producers plant are assigned to Class I before loca­ ulatory provisions thereof would be the as under the existing system. This is ac­ tion adjustment is allowed on milk re­ same as those contained in the order, as complished by providing a location dif­ ceived as a transfer from other pool hereby proposed to be amended. ferential of minus 16 cents which will plants. The proposal to assign 95 percent 1. Section 1103.11(a) is revised to apply in the two areas where minus 10- rather than all of the direct receipts to read as follows; and 26-cent differentials now apply. Class I before allowing location adjust­ ment on transfers recognizes that even § 1103.11 Pool plant. One handler with plants at Grenada ***** and Greenville objected to this change in under optimum management not all di­ the location pricing. He was concerned rect receipts could be used in Class I. (a) A distributing plant, other than about the relationship of the Delta zone In view of such circumstances the order that of a producer-handler or one de­ Class I price to the Class I price under should be amended to allow this increase scribed in § 1103.61, from which during the Memphis order. The action herein in the amount of transferred milk on the month route disposition of fluid milk contemplated would increase the price which transportation credit may apply. products is not less than 50 percent of at his plant locations 10 cents per Rulings on proposed findings and con­ its total receipts of Grade A milk and hundredweight. clusions. Briefs and proposed findings the volume so disposed of in the mar­ The nearest Memphis order plant is at and conclusions were filed on behalf of keting area is at least 20 percent of the Oxford, Miss. The Memphis Class I price certain interested parties. These briefs, total route disposition of fluid milk prod­ adjusted to this location is 12 cents proposed findings and conclusions and ucts or a daily average during the month higher than at Memphis. During 1966 the evidence in the record were con­ of 7,000 pounds, whichever is less; the Memphis Class I price at this location sidered in making the findings and con­ ***** averaged $6.08, which is identical with clusions set forth above. To the extent 2. In § 1103.15, paragraphs (b), (d) the Mississippi order 1966 Class I price in that the suggested findings and conclu­ and (e) are revised to read as follows: the Delta area if adjusted as proposed sions filed by interested parties are in­ herein.2 consistent with the findings and con­ § 1103.15 Producer. Also, if plants located at Memphis dis­ clusions set forth herein, the requests to ***** posed of milk in Grenada or Greenville, make such findings or reach such con­ (b) Diverted to a nonpool plant(s) they would incur transportation cost on clusions are denied for the reasons pre­ (except a plant at which such milk is such a movement. The distance to Gre­ viously stated in this decision. fully subject to the pricing and pooling nada is about 97 miles and to Greenville General findings. The findings and de­ provisions of another order issued pur­ about 136 miles. The cost of moving milk terminations hereinafter set forth are suant to the Act) by the operator of a from Memphis to these points, at 1.5 supplementary and in addition to the pool plant or by a cooperative as­ cents per hundredweight per 10 miles .findings and determinations previously sociation as a handler pursuant to would be about 15 and 21 cents, respec­ made in connection with the issuance § 1103.13(c) during any of the months tively. of the aforesaid order and of the pre­ of December through August: Provided, Such transportation cost added to the viously issued amendments thereto; and That this diversion privilege shall be ap­ Memphis order Class I price would make all of said previous findings and deter­ plicable only to the milk of those dairy a total cost per hundredweight delivered minations are hereby ratified and af­ farmers whose milk was delivered for to Grenada or Greenville 3 cents and 9 firmed, except insofar as such findings 8 days of production during each of the cents more, respectively, than the Missis­ and determinations may be in conflict 2 immediately preceding months to pool sippi order price under the proposed with the findings and determinations set plants, or who held producer status amendment. forth herein. throughout the entire 2 immediately It is concluded that the location dif­ (a) The tentative marketing agree­ preceding months, except that only for ferential provisions recommended herein ment and the order, as hereby proposed the purpose of determining eligibility for will not impair the competitive relation­ to be amended, and all of the terms and diversion during any month of December ship between Memphis and Mississippi conditions thereof, will tend to effectuate through August a dairy farmer who was handlers located in the northern part of the declared policy of the Act; in noncompliance with the Grade A re­ the marketing area. (b) The parity prices of milk as deter­ quirements of a duly constituted health mined pursuant to section 2 of the Act authority during any part of the 2 im­ The proponent cooperative associa­ are not reasonable in view of the price mediately preceding months shall be con­ tions further requested that for the pur­ of feeds, available supplies of feeds, and sidered to have maintained producer pose of calculating location adjustment other economic conditions which affect status during the period of such non- credit, transfers between pool plants market supply and demand for milk in compliance; should be assigned to Class I disposition the marketing area, and the minimum ***** at the transferee plant which is in excess prices specified in the proposed market­ of the sum of 95 percent of receipts at (d) Diverted during any month of ing agreement and the order, as hereby September through November to a non­ such plant from producers and receipts proposed to be amended, are such prices from a cooperative association as a bulk pool plant(s) (except a nonpool plant at as will reflect the aforesaid factors, in­ which such milk is fully subject to the tank handler, plus the pounds assigned sure a sufficient quantity of pure and as Class I to receipts from other order pricing and pooling provisions of another wholesome milk, and be in the public order issued pursuant to the Act) as Plants and unregulated supply plants. interest; and The cooperatives requested that such milk of a member of a cooperative as­ Class I assignment should be made first (c) Hie tentative marketing agree­ sociation for the account of such associ­ to transferor plants at which no location ment and the order, as hereby proposed ation if the amount of milk so diverted adjustment credit is applicable and then to be amended, will regulate the handling does not exceed 30 percent of the volume in sequence beginning with the plant at of milk in the same manner as, and will of Grade A milk from all producer mem­ which the least location adjustment be applicable only to persons in the re­ bers of such cooperative association re­ would apply. spective classes of industrial and com­ ceived at pool plants during such month; mercial activity specified in, a marketing or agreement upon which a hearing has (e) Diverted during any month of 2 Official notice is taken of Class I price been held. announcements by the Market Administrator September through November to a non­ of orders No. 103 and 97 for the months of Recommended marketing agreement pool plant(s) (except a nonpool plant October 1966 through January 1967. and order amending the order. The fol­ at which such milk is fully subject to the FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7342 PROPOSED RULE MAKING pricing and pooling provisions of another 6. In § 1103.46(a), a new subpara­ at which no location adjustment credit order issued pursuant to the Act) as milk graph (2-a) is added immediately fol­ is applicable and then in sequence be­ of a producer who is not a member of a lowing subparagraph (2) and subpara­ ginning with the plant at which the least cooperative association, for the account graph (5) is revised, all of which to read location adjustment would apply. of a handler in his capacity as the oper­ as follows: 8. In § 1103.70, a new paragraph (c-1) ator of a pool plant from which the § 1103.46 Allocation of skim milk and is added immediately following para­ quantity of milk of nonmember pro­ butterfat classified. graph (c) to read as follows: ducers so diverted does not exceed 30 * * * * * percent of the total Grade A receipts of § 1103.70 Computation of the net pool milk at such plant from nonmember (a) * * * obligation of each pool handler. producers. (2-a) Except for the first month this * * * * * ***** order amendment is effective, subtract from the remaining pounds of skim milk (c—1) Add an amount determined by 3. Section 1103.30(a) (1) (iv) is revised in Class I milk, the pounds of skim milk multiplying the difference between the to read as follows: in inventory of fluid milk products in Class I price for the preceding month, and the Class I price for thè current § 1103.30 Reports of receipts and utili­ packaged form on hand at the beginning of the month; month by the hundredweight of skim zation. milk and butterfat subtracted from Class (a) * * * * * * * * I pursuant to § 1103.46(a) (2-a) and the (1) * * * (5) Subtract from the pounds of skimcorresponding step of § 1103.46(b). If (iv) Inventories of fluid milk products milk remaining in each class, in series the Class I price for the current month is on hand at the beginning and end of the beginning with Class n , the pounds of less than the Class I price for the pre­ month, separately in bulk and in skim milk in inventory of bulk fluid milk ceding month, the result shall be a minus packaged form; products (and for the first month this amount; ***** order amendment is effective, the pounds * * * * * 4. In § 1103.41, paragraphs (a) and of fluid milk products in packaged form) Signed at Washington, D.C., on May 12, (b)(4) are revised to read as follows: on hand at the beginning of the month; 1967. * * * * * § 1103.41 Classes of utilization. S. R . S m ith, ♦ * * * * 7. Section 1103.53 is revised to read as Administrator. follows: [F.R. Doc. 67-5506; Filed, May 16, 1967; (a) Class I milk. Class I milk shall be 8:49 a.m.] all skim milk and butterfat. § 1103.53 Location differential to (1) Disposed of in the form of fluid handlers. milk products, except those classified (a) For that milk which is received pursuant to paragraph Ob) (2) and (3) from producers at a pool plant or at DEPARTMENT OF HEALTH,.EDU­ of this section; such plant from a cooperative associa­ (2) In inventory of fluid milk prod­ tion as a handler pursuant to § 1103.13 CATION, AND WELFARE ucts in packaged form on hand at the (d) and classified as Class I milk or as­ end of the month; and signed Class I location adjustment credit Food and Drug Administration (3) Not accounted for as Class II milk; pursuant to paragraph (b) of this section and and for other source milk for which a [ 21 CFR Part 27 ] (b) * * * location adjustment is applicable, the CANNED APPLESAUCE (4) Contained in inventories of bulk price specified in § 1103.51(a) shall be fluid milk products on hand at the end reduced at the following rates (where Standards of Identity and Fill of the month; mileage determinations are applicable of Container ***** these distances shall be determined by Notice is given that the Commissioner 5. In § 1103.44(c) (3) (iv), a new (g) the market administrator by applying of Food and Drugs, on his own initiative, is added to read as follows: the shortest hard-surfaced highway proposes to establish standards of iden­ distance open to commercial truck tity and fill of container for canned ap­ § 1103.44 Transfers. traffic): plesauce. Accordingly, it is proposed that * * * * * Bate per two new sections be added to Part 27, as (c) * * * hundred­ follows: (3) * * * weight (iv) * * * Location: (cents) § 27.80 Canned applesauce; identity. (g) For the purpose of determining (1) For milk received at a pool plant (a) Canned applesauce is the food located in the Mississippi marketing prepared from comminuted or chopped the classification of milk disposed of area except that part in Harrison from a nonpool plant to a second non­ County ______16. 0 apples (Pyrus mains), which may be pool plant that is neither an other order (2) For milk received at a pool plant peeled or cored, or both, and which may plant nor a producer-handler plant and located outside the marketing area, have added thereto one or more of the located not more than 200 miles by the and: optional ingredients specified in para­ shortest hard-surfaced highway distance (i) More than 60 but not more than graph (b) of this section. The apple in­ as determined by the market adminis­ 160 miles from the courthouse in Gulf­ gredient is processed, with or without trator from the nearest of the new State port, or Pascagoula, Miss., whichever heating, so as to exclude bruised apple is nearer______;______10. 0 particles, peel, seed, core material, carpel Capitol in Jackson or the county court­ (ii) For each additional 10 miles or house in Columbus, Gulfport, or Merid­ fraction thereof, an additional______1.6 tissue, and other coarse, hard, or ex­ ian, -Miss., the milk disposed of by the traneous material. The food is sealed first nonpool plant shall be classified (b) For purposes of calculating suchin containers. It is processed by heat, in the same manner as a transfer from adjustment, transfers between pool either before or after sealing, so as to a pool plant to a nonpool plant: Pro­ plants shall be assigned Class I disposi­ prevent spoilage. The soluble solids con­ vided, That the operator of the second tion at the transferee plant, in excess tent is not less than 9 percent (exclusive nonpool plant maintains books and of the sum of 95 percent of receipts at of the solids of any added optional nu­ records showing the utilization of all such plant from producers and receipts tritive sweeteners) as determined by the skim milk and butterfat received at such from a cooperative association in its ca­ method prescribed in “Official Methods nonpool plant which are made available pacity as a handler pursuant to § 1103.13 of Analysis of the Association of Official if requested by the market administrator (d) and the pounds assigned as Class I Agricultural Chemists,” Tenth Edition, and are adequate for verification of the to receipts from other order plants and page 309, section 20.016, under “Soluble Class n usage claimed; unregulated supply plants, such assign­ Solids in Fresh and Canned Fruits, Jams, ♦ * * * # ment to be made first to transferor plants Marmalades, and Preserves—Official,

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 PROPOSED RULE MAKING 7343

First Action,” except that no correction § 27.81 Canned applesauce; fill of con­ 20428. Comments are invited particularly is made for water-insoluble solids. tainer; label statement of sub­ with respect to alternative approaches to (b) The optional ingredients referred standard fill. both the substantive contents and the to in paragraph (a) of this section are: (a) The standard of fill of container methodology through which information (1) Water. for canned applesauce is a fill of not less about the market distribution of charter (2) Apple juice. than 90 percent of the total capacity services may be reasonably collected. (3) Salt. of the container, as determined by the Particular comments are also solicited (4) Citric acid, malic acid. general method for fill of container pre­ concerning: (1) The use of mechanized (5) Nutritive sweetners. scribed in § 10.6(b) of this chapter. techniques in assembling the information (6) Spices. (b) If canned applesauce falls below for transmission to the Board and (2) (7) Flavoring, other than artificial the standard of fill of container pre­ the feasibility of making the report retro­ flavoring. scribed in paragraph (a) of this section, active so as to include information for (8) An antioxidant preservative con­ the label shall bear the general statement the whole year 1967. All relevant mate­ sisting of ascorbic acid or erythorbic acid of substandard fill specified, in § 10.7(b) rial received on or before June 16, 1967, or both. The weight of such preservative of this phapter, in the manner and form will be considered by the Board before added does not exceed 150 parts per therein specified. taking final action on the proposed rule. Copies of such communications will be million. Pursuant to the provisions of the Fed­ available for examination by interested (9) Artificial red or green color. eral Food, Drug, and Cosmetic Act (secs. persons in the Docket Section of the (c) The name of the food is “apple­ 401, 701, 52 Stat. 1046, 1055, as amended Board, Room 710 Universal Building, sauce.” If a nutritive sweetener as pro­ 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 1825 Connecticut Avenue NW., Wash­ vided for in paragraph (b) (5) of this 371) and in accordance with the author­ ington, D.C., upon receipt thereof. section is added, and the soluble solids ity delegated to the Commissioner by the content of the finished food is not less Secretary of Health, Education, and Wel­ By the Civil Aeronautics Board. than 16.5 percent as determined by the fare (21 CFR 2.120), all interested per­ [ seal] H arold R . Sanderson, method referred to in paragraph (a) of sons are invited to submit their views in Secretary. this section, the name may include the writing, preferably in quintuplicate, re­ word “sweetened.” If no such sweetener garding this proposal. Such views and Explanatory statement. Although civil­ is added, the name may include the word comments should be addressed to the ian charter operations are taking on an “unsweetened.” Artifically colored apple­ Hearing Clerk, Department of Health, increasingly important role in the air sauce shall be declared on the label Education, and Welfare, Room 5440, 330 transportation market, the Board pres­ by words that accurately describe the Independence Avenue SW., Washington, ently has only limited reporting require­ color of the food and such words shall D.C. 20201, within 60 days following the ments as to the nature and volume of immediately precede or follow the name date of publication of this notice in the charter operations. These primarily re­ of the food; for example, “colored red” F ederal R egister, and may be accom­ late to the total charter operations of the or “colored green,” as the case may be. panied by a memorandum or brief in certificated supplemental and route car­ (d) Optional ingredients used in the support thereof. riers, and for the latter are designed to enable enforcement of the Part 207 off- finished food, as provided for in para­ Dated: May 9,1967. graph (b) of this section, shall be de­ route charter limitation. Accordingly, the clared as follows: J ames L. G oddard, Board is proposing to require recurrent (1) Added water, apple juice, salt, Commissioner of Food and Drugs. reporting of data concerning the type nutritive sweeteners, citric acid, and [F.R. Doc. 67-5480; Filed, May 16, 1967; and volume of charters performed on a malic acid shall be declared by the com­ 8:46 a.m.] point-to-point basis, thus alleviating the most basic information deficiency. Such mon name or names of such ingredients data would be required of all supple­ used. mental and route air carriers, and would (2) Spices shall be declared by the CIVIL AERONAUTICS BOARD be reported on a new schedule T-6 of statement “spiced” or “spice added” or CAB Form 41, the details of which ap­ “with added spice,” or in lieu of the word [1 4 CFR Part 241 1 pear in the proposed rule. “spice,” the common name of the spice. [Docket No. 18548] Proposed rule. It is proposed to amend (3) Flavoring shall be declared by the Part 241 of the Economic Regulations (14 statement “flavoring added” or “with CERTIFICATED AIR CARRIERS CFR Part 241), effective January 1,1967, added flavoring,” or in lieu of the word as follows: “flavoring,” the common name of the Reporting of Charter Travel 1. By amending section 22, by insert­ flavoring. M ay 11, 1967. ing schedule T-6 in the list of schedules (4) Antioxidant preservatives shall be in paragraph (a) to read as follows: declared by the statement “______Notice is hereby given that the Civil added as a preservative” the blank being Aeronautics Board has under considera­ tion a proposed amendement of Part 241 Section 22— General Reporting filled in with “ascorbic acid,” “erythor­ Instructions bic acid,” or both, as appropriate. of the Economic Regulations (14 CFR (5) Artificial color shall be declared Part 241) which would require the re­ (a) * * * by the statement “artificially colored” or porting of civilian charter travel infor­ “artificial coloring added” or “with mation by all the certificated air carriers Filing added artificial coloring.” in a new schedule T -6. of the CAB Form 41 report, to be submitted quarterly. Schedule No. Post­ In cases for which two or more of the The principal features of the proposed Frequency mark statements set forth in this paragraph amendment are described in the explana­ interval are required, the words “with” or tory statement below and the proposed (days) “added” need appear only once, either at amendment is set forth in the proposed the beginning or end of the list of in­ 0*0 o o * o o o 0 0 0 rule below. The revised regulation is pro­ T-5...... Monthly listing of gredients declared. posed under authority of sections 204(a) summarized pas­ (e) Statements naming the optional and 407(a) of the Federal Aviation Act senger loads by flight stages— ingredients present as specified in para­ of 1958, as amended (72 Stat. 743, 766; local.service air graph (d) of this section shall be listed 49 U.S.C. 1324,1377). carriers. T-6...... Summary of civil Quarterly. 40 on the principal display panel or panels Interested persons may participate in aircraft charters. on the label with such prominence the proposed rule making through sub­ T-41___ Charter and special Annually. 90 mission of ten (10) copies of written data, service revenue and conspicuousness as to render them aircraft miles likely to be read and understood by the views, or arguments pertaining thereto, flown. ordinary individual under customary addressed to the Docket Section, Civil * O O O * O O 0 o • 0 0 conditions of purchase. Aeronautics Board, Washington, D.C.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 No. 95—Pt. I-----3 7344 PROPOSED RULE MAKING

2. By amending Section 25—“Traffic portion of the charter traffic is either and Capacity Elements” by inserting af­ Filing enplaned or deplaned) in operating se­ ter the text of schedule T-5 the follow­ Schedule quence between origin and destination. ing: No. Postmark Frequency interval On round-trip flights, all stopover points Schedule T-6—Summary of Civil (days) other than the common origin and desti­ Aircraft Charters nation shall be shown as intermediate * * * * * * * * * * * * points. Indicate instances where there (a) This schedule1 shall be filed by T-3.1___ Statement of traffic ...... do___ 30 is a break in air transportation, such as each route air carrier. and capacity sta­ tistics. surface travel, by placing an asterisk be­ (b) A complete report shall be made T-6____ Summary of civil Quarterly. 40 tween the pairs of points where such a aircraft charters. break occurs. on this schedule for the overall or sys­ G-41___ Persons holding Annually. 90 tem operations conducted by the air more than 5 per [F.R. Doc. 67-5484; Filed, May 16, 1967; carrier. centum of respond­ ent’s capital 8:47 a.m.] (c) Separate reports shall be filed for stock or capital. each of the below-named types of * * * * * * charter contracts and the type shall be inserted opposite the caption “Type of 4. By amending Section 35—“Traffic FEDERAL COMMUNICATIONS Charter.” and Capacity Elements” by inserting (1) Single entity charter, as defined after the text of schedule T-3.1 the COMMISSION in Part 208 of the Board’s Economic Reg­ following: [ 47 CFR Part 73 1 ulations. Mixed charters, as defined in Schedule T-6—Summary of Civil Part 207, are to be reported as single en­ Aircraft Charters [Docket NOj.17435; FCC 67-567] tity charters. (2) Pro rata charter, as defined in (a) This schedule1 shall be filed by TELEVISION BROADCAST STATIONS Part 208 of the Board’s Economic Regu­ each supplemental air carrier. Table of Assignments; Tulare, Calif. lations. Mixed charters, as defined in (b) Separate reports shall be filed for Part 208, are to be reported as pro rata each of the below-named types of char­ In the matter of amendment of § 73.606 charters. ter contracts and the type shall be in­ Table of Assignments, Television Broad­ cast Stations (Tulare, Calif.); Docket (3) All-cargo charter. serted opposite • the caption “Type of Charter.” No. 17435, RM-1118. (d) Each flight shall be reported in the (1) Inclusive tour charter, as defined 1. On February 15, 1967, Pappas Elec­ quarter in which its performance be­ in Part 378 of the Board’s Special Regu­ tronics, Inc,, licensee of Stations KGEN gins. If the contract calls for more than lations. (AM) and KGEN-FM, Tulare, Calif., one flight, each of the flights shall be (2) Single entity charter, as defined in filed a petition (RM-1118) for-rule reported in the quarter in which the Part 208 of the Board’s Economic Regu­ making requesting that Channel 26 be particular flight begins. lations. Mixed charters, as defined in assigned to Tulare, Calif. In support (e) All points included in the report Part 207, are to be reported as single en­ thereof, petitioner states that at the shall be identified by the three-letter air­ tity charters. present time there is no TV channel as­ port code used in the Official Airline (3) Split charter, as defined in § 208.3 signed to Tulare. Petitioner has sub­ Guide. (s) (2) (ii) or § 295.2(b) (2) of the Board’s mitted an engineering statement show­ (f) Military contracts shall not be Economic Regulations, as applicable. ing that Channel 26 could be assigned to reported. For reporting purposes, a split charter is Tulare in complete compliance with the (g) Columns 1 and 2 shall reflect the to be listed as one flight, and listed only Commission’s allocation standards, and origin and destination, respectively, of on the split charter report even though will not require any other amendments the charter flight. For round-trip char­ a portion of the split charter may be pro to the television table of assignments. ters, the origin point shall be shown also rata and the other portion single entity. Tulare Union High School District filed as the destination point. (4) Pro rata charter, as defined in comments in support of the subject pro­ (h) Columns 3, 4 and 5 shall reflect, Part 208 of the Board’s Economic Regu­ posal. Petitioner asserts that if Channel respectively, the number of flights, the lations. Mixed charters, as defined in 26 is assigned to Tulare, it will promptly aggregate number of seats and the ag­ Part 208, are to be reported as pro rata apply for authority to construct and gregate cargo capacity in tons contracted charters. operate a new television station on that for. Round trips shall be reported as a (5) All-cargo charter. channel. single service without breakdown by (c) Each flight shall be reported in 2. Tulare, located in Tulare County, directional components. the quarter in which its performance be­ is approximately 42 miles southeast of (i) Columns 6 through 12 shall reflect gins. If the contract calls for more than Fresno. According to the 1960 U.S. Cen­ the intermediate points (where a por\ one flight, each of the flights shall be sus, it had a population of 13,824. Growth tion of the charter traffic is either' reported in the quarter in which the since 1960 has increased the population to enplaned or deplaned) in operating particular flight begins. 15,950 in 1965.1 The estimated population sequence between origin and destina­ (d) All points included in the report of Tulare County in 1965 was 190,000. tion. On round-trip flights, all stopover shall be identified by the three-letter air­ Normally we have not assigned UHF points other than the common origin port code used in the Official Airline channels to communities with a popula­ and destination shall be shown as inter­ Guide. tion under 25,000 except where a show­ mediate points. Indicate instances where (e) Military contracts shall not be re­ ing was made that there was a need for there is a break in air transportation, ported. the assignment and that an interested such as surface travel, by placing an (f) Columns 1 and 2 shall reflect the party stated a station would be built on asterisk between the pairs of points where origination and destination, respectively, an assigned channel. Other potential such a break occurs. of the charter flight. For round-trip UHF assignments are available in the charters, the origin point shall be shown 3. By amending section 32 by insert­ Tulare area, and the assignment of also as the destination point. Channel 26 to Tulare will not preclude ing schedule T-6 in the list of schedules (g) Columns 3, 4 and 5 shall reflect, in paragraph (a), to read as follows: future needed assignments in other com­ respectively, the number of flights, the munities. In view of the statements made Section 32— General Reporting aggregate number of seats and the ag­ in the subject petition, we are of the view Instructions gregate cargo capacity in tons con­ that comments should be invited on the tracted for. Round trips shall be re­ (a) * * * ported as a single service without break­ petitioner’s proposal. down by directional components. 1 Schedule form filed as part of original (h) Columns 6 through 12 shall re­ 1 California Statistical Abstract, 1966, State document. flect the intermediate points (where a of California, Documents Section, p. 16.

FEDERAL REGISTER, V O L 32, NO. 95— WEDNESDAY, MAY 17, 1967 PROPOSED RULE MAKING 7345

3. Accordingly, pursuant to the au­ Traffic Control Automation Panel (iv) The five-character call sign re­ thority contained in sections 4(i), 303, (ATCAP). In order to insure that air­ ferred to in subdivision (iii) of this and 307(b) of the Communications Act crews and aeronautical stations adhere subparagraph preceded by the radio­ of 1934, as amended, it is proposed to to safe and uniform procedures regard­ telephony designator of the aircraft op­ amend the Table of Assignments in § 73.- ing radiotelephony call signs, to mini­ erating agency; or 606(b) of the Commission’s rules by as­ mize confusion, it is necessary that fully (v) The five-character call sign re­ signing Channel 26 to Tulare, Calif. defined call signs and other recognized ferred to in subdivision (iii) of this sub- 4. Pursuant to applicable procedures means of identification and their ab­ paragraph preceded by the type of the set out in § 1.415 of the Commission rules, breviations be set forth in the rules. It aircraft. interested parties may file comments on is also necessary that the identification Note. The operating agency radiotele­ or before June 19, 1967, and reply com­ procedures, as defined in the rules, be phony designators referred to in subdivision ments on or before June 29, 1967. All in conformity with international practice (i) of this subparagraph are designators as­ submissions by parties to this proceed­ since many U.S. aircraft fly international signed and authorized by the Federal Avia­ air routes. tion Administration. The five-character call ing or by persons acting in behalf of such signs referred to in subdivisions (iii), (iv), parties must be made in written com­ 3. The proposed amendment to theand (v) of this subparagraph comprise either ments, reply comments, or other appro­ rules, as set forth below, is issued pur­ five letters or one figure followed by four let­ priate pleadings. suant to authority contained in section ters in accordance with ITU Radio Regula­ 5. In accordance with the provisions 303 (o), (p), and (r) of the Communica­ tions (Geneva 1959, RR 762) and apply only of § 1.419 of the rules, an original and tions Act of 1934, as amended. to aircraft of foreign registry. 14 copies of all written comments, re­ 4.. Pursuant to applicable procedures (a) Aircraft radio stations shall use plies, pleadings, briefs, or other docu­ set forth in § 1.415 of the Commission’s full call signs or complete identification ments shall be furnished the Commis­ rules, interested persons may file com­ as shown in subdivisions (i) through sion. ments on or before June 19, 1967, and (v) of this subparagraph when establish­ reply comments on or before June 29, Adopted: May 10,1967. ing communications during initial con­ 1967. All relevant and timely comments tact. Released: May 12,1967. and reply comments will be considered (b) Abbreviated radiotelephone call F ederal Communications by the Commission before final action is signs or identification may be used after Commission,1 taken in this proceeding. In reaching satisfactory communication has been its decision in this proceeding, the Com­ [seal! Ben F. W aple, established and provided that no con­ Secretary. mission may also take into account fusion is likely to arise. An aircraft sta­ other than relevant information before it, tion shall use its abbreviated identifica­ [F.R. Doc. 67-5490; FUed, May 16, 1967; in addition to the specific comments in­ tion only after it has been addressed in 8:47 a.m.] vited by this notice. this manner by the ground station. The 5. In accordance with the provisionsground station operator shall determine [ 47 CFR Part 87 ] of § 1.419 of the Commission’s rules, an whether or not conditions warrant the original and 14 copies of all statements, use of abbreviations and shall initiate [Docket No. 17430; FCC 67-554] briefs, or comments filed shall be fur­ their use at his discretion. The appropri­ AIRCRAFT IDENTIFICATION IN nished the Commission. ate abbreviations, depending on the call RADIO COMMUNICATIONS Adopted: May 10,1967. signs and other identification listed in this subparagraph (1). Notice of Proposed Rule Making Released: May 12,1967. (1) No abbreviation is authorized for operating agency designators and flight In the matter of amendment of Part F ederal Communications 87 of the Commission’s rules to change Commission,1 numbers; the requirements for aircraft identifica­ [seal] Ben F. W aple, (2) The type of aircraft followed by Secretary. the last three characters of the registra­ tion in radio communications. tion marking; 1. Notice of proposed rule making in Section 87.115(e)(1) is amended to (3) The first letter or figure and the the above-entitled matter is hereby read as follows: last two letters of the call sign; given. § 87.115 Station identification. (4) The radio telephony designator of 2. The instant proposal is intended to * * ♦ * * the aircraft operating agency followed by provide for a more orderly and efficient the last two letters of the call sign; (e) * * * administration of the Aviation Radio (5) The type of the aircraft followed Service by specifically providing for com­ (1) Aircraft raidotelephony stations by the last two letters of the call sign. plete and standardized methods of air­ shall be identified either by a call sign or craft identification and use of call sign other recognized means of identification. (c) After satisfactory communication and other means of identification in Part Such recognized means of identification and correct Identification has been es­ 87 of the Commission’s rules. This re­ may be one or more of the following nec­ tablished, continuous two-way communi­ cation is permissible without further quirement arises from the evolution of essary for complete identification: aviation from the FCC and International identification only if no mistake in iden­ (i) The radiotelephony designator of tity is likely to occur. Telecommunication Union (ITU) re­ the aircraft operating agency followed quirements with respect to identification (d) An aircraft shall not change the of radio stations, and from the findings by the flight identification number; or type of its radiotelephony full identifi­ of such meetings as the International (ii) The characters corresponding to cation during flight except that the ab­ Civil Aviation Organization (ICAO) the registration marking of the aircraft breviation of that same full identification Communications/Operations D ivision preceded by the type of the aircraft; or may be used. meeting of 1966 and the 5th ICAO Air (iii) The five-character call sign cor­ * * * * * responding to the registration marking [F.R. Doc. 67-5491; FUed, May 16, 1967; 1 Commissioner Wadsworth absent. of the aircraft; or 8:47 ajn.]

FEDERAI REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7346

Notices

[Serial No. N-216] DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR NEVADA Bureau of Land Management Internal Revenue Service Notice of Public Sale [Nevada 054578] FLOYD W. JORN May 9,1967. NEVADA Notice of Granting of Relief Pursuant Under the provisions of the Public Proposed Modification of National Land Salé Act of September 19, 1964 (78 to Federal Firearms Act Stat. 988, 43 U.S.C. 1421-1427), 43 CFR Notice is hereby given that Floyd W. Forest Boundaries Subpart 2243, a tract of land will be of­ Jom, 3866 South Broadway, Englewood, May 8, 1967. fered for sale to the highest bidder, but Colo., has applied, pursuant to section 10 The U.S. Department of Agriculture, at not less than the appraised value plus of the Federal Firearms Act (15 U.S.C. Forest Service, has filed the above appli­ the publication costs, at a public sale 910), for relief from disabilities under cation to modify the boundaries of the to be held at 1:30 p.m., local time, on the Act incurred by reason of his convic­ Humboldt National Forest. Tuesday, June 20, 1967, at the Winne- tions, October 9,1945, November 19,1955, The applicant desires to include the mucca District Office, Bureau of Land and December 7, 1961, respectively, at land described below, which excepting Management, East Highway 40, Win- the District Courts of Larimer, Mesa, and the reserved school and park sites in East nemucca, Nev. Garfield Counties, Colo., for crimes pun­ Mountain City Townsite in the Humboldt The land to be offered for sale is de­ ishable by imprisonment for a term ex­ National Forest, is privately owned, scribed as follows: ceeding 1 year. Unless relief is granted, thereby facilitating forest management Mo u n t D iablo Meridian, Nevada it will be unlawful for Floyd W. Jom, and administration. T. 34 N., R. 43 E., because of such convictions, to ship, For a period of 30 days from the date Sec. 16, W y2. transport, or cause to be shipped or of publication of this notice, all persons The area described contains 320 acres. transported in interstate or foreign com­ who wish to submit comments, sugges­ The appraised value of the tract Is $3,- merce any firearms or ammunition or tions, or objections in connection with 800, and the publication costs to be as­ to receive firearms or ammunition so the proposed boundary adjustment may sessed are $10. 'shipped, and he would be prevented from present their views in writing to the un­ The land will be sold subject to all obtaining a license under the Act as a dersigned officer of the Bureau of Land firearms dealer or firearms manufac­ valid existing rights and reservations for turer. Notice is further given that hav­ Management, Department of the In­ rights-of-way. Reservations will be made terior, Room 3008, Federal Building, 300 to the United States for ditches and ing considered Floyd W. Jom’s applica­ canals in accordance with the Act of tion and by reason of having found Booth Street, Reno, Nev. 89502. August 30, 1890 (26 Stat. 391; 43 U.S.C. that— The authorized officer of the Bureau of 945). All mineral rights are to be reserved (1) The convictions were made upon Land Management will prepare a re­ to the United States and withdrawn from charges which did not involve the use port for consideration by the Secretary appropriation under the public land laws, of a firearm or other weapon or a viola­ including the general mining laws. tion of the Federal Firearms Act or of of the Interior who will determine whether or not the boundary adjustment Bids may be made by the principal or the National Firearms Act; and will be made as requested by the appli­ his agent, either personally at the sale, or (2) The circumstances regarding the by mail. Bids must be for all the lands in convictions and Floyd W. Jom’s record cant agency. the parcel. Bids sent by mail will be con­ and reputation subsequent to his con­ The determination of the Secretary on sidered only if received at the Winne- victions are such that the granting to the application will be published in the mucca District Office, Bureau of Land Floyd W. Jorn of relief from disabilities F ederal R egister. A separate notice will Management, East Highway 40, Post under the Federal Firearms Act incurred be sent to each Interested party of Office Box 71, Winnemucca, Nev. 89445, prior to 1:30 p.m., on Tuesday, June 20, by reason of his convictions would not record. 1967. Bids made prior to the public auc­ be contrary to the public interest: It is The lands involved in the application tion will be submitted in sealed en­ ordered, That, pursuant to the authority are: velopes, accompanied by certified checks, vested in the Secretary of the Treasury Mou n t Diablo Meridian, Nevada postal money orders, bank drafts, or by section 10 of the Federal Firearms Act EAST MOUNTAIN CITY TOWNSITE cashier’s checks, made payable to the (15 U.S.C. 910) and delegated to me by T. 45 N., R. 53 E., Bureau of Land Management, for the Sec. 1, inclusive. full amount of the bid, which may not be Treasury Decision 6897, as set out in T. 46 N„ R. 53 E„ less than the appraised value plus the § 177.31(c) of Internal Revenue Reg­ Sec. 36, Inclusive. publication costs. The envelopes must be ulations (26 CFR 177.31(c)), that This area contains approximately 63 marked in the lower left-hand comer Floyd W. Jom be, and he hereby is, acres. “Publication Sale Bid, Parcel No. 1, Sale granted relief from any and all disabili­ held June 20, 1967.” JARBIDGE TOWNSITE The authorized officer shall publicly ties under the Federal Firearms Act, as T. 46 N., R. 58 E., declare the highest qualifying sealed bid amended, incurred by reason of the con­ Sec. 16, inclusive. received. Oral bids shall then be invited victions hereinabove described. This area contains approximately 105 in increments specified by the author­ Signed at Washington, D.C., this 10th acres according to Townsite Survey No. 1 ized officer. After oral bids are received, day of May 1967. of the Townsite of Jarbidge. the authorized officer shall declare the highest qualifying bid. The person de­ [seal] Shledon S. Cohen, Daniel P. Baker, clared to have entered the highest quali­ Commissioner of Internal Revenue. Land Office Manager. fying bid shall be required to make full [F.R. Doc. 67-5488; Filed, May 16, 1967; [F.R. Doc. 67-5466; Filed, May 16, 1967; payment for the tract plus the cost of 8:47 a.m.] 8:45 a.m.] publication at the close of bidding.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7347

All bids, sealed and oral, must be ac­ ment, Room 3008, Federal Building, 300 257) that a hearing in the above-entitled companied by a certified statement indi­ Booth Street, Reno, Nev. 89502, prior to proceedings will be held on June 20, cating that the principal is a citizen or 2 p.m., on Tuesday, June 27, 1967. Bids 1967, at 10 a.m., e.d.s.t., in Room 3356, otherwise a national of the United States made prior to the public auction must be Interior Building, 18th and C Streets (or who has declared his intention to submitted in sealed envelopes, accom­ NW., Washington, D.C. Any person de­ become a citizen) aged 21 years Or more. panied by certified checks, postal money siring to intervene must file a petition A partnership or association must show, orders, bank drafts, or cashier’s checks, of intervention with the Director, Bu­ that each of the members is a qualified made payable to the Bureau of Land reau of Commercial Fisheries, as pre­ individual, as stated above. Agents must Management, for the full amount of the scribed in 50 CFR Part 257 at least 10 furnish the principal’s certification of bid, which may not be less than the ap­ days prior to the date set for the hearing. qualification, as stated above. praised value plus the publication costs. If such petition of intervention is Any adverse claimants to the above- The envelopes must be marked in the granted, the place of the hearing may described land should file their claims, lower left-hand corner “Publication Sale be changed to a field location. Tele­ or objections, with the undersigned on Bid, Parcel No. 1, Sale held June 27,1967, graphic notice will be given to the parties or before the time designated for sale. at 2 p.m.’’ in the event of such a change along with the new location. The lands described in this notice The authorized officer shall publicly have been segregated from all forms of declare the highest qualifying sealed bid H arold E. Crowther, appropriation, including locations under received. Oral bids shall then be invited Director, the general mining laws, except for sale in increments specified by the authorized Bureau of Commercial Fisheries. under this Act, from the date of the officer. After oral bids are received, the authorized officer shall declare the high­ [F.R. Doc. 67-5465; Filed, May 16, 1967; proposed classification decision. In­ 8:45 a.m.] quiries concerning this sale shall be est qualifying bid. The person declared addressed to the Land Office Manager, to have entered the highest qualifying bid Bureau of Land Management, Room shall be required to make full payment 3008, Federal Building, 300 Booth Street, for the tract plus the cost of publication DEPARTMENT OF AGRICULTURE Reno, Nev. 89502. at the close of bidding. All bids, sealed and oral, must be -ac­ Federal Crop Insurance Corporation D aniel P. B aker, companied by a certified statement indi­ Manager, Nevada Land Office. cating that the principal is a citizen or [Notice No. 22] [P.R. Doc. 67—5467; Filed, May 16, 1967; otherwise a national of the United States DRY BEANS, MICHIGAN 8:46 a.m.] (or who has declared his intention to become a citizen.) aged 21 years or more. Extension of Closing Date for Filing [Serial No. Nevada 067313] A partnership or association must show of Applications for 1967 Crop Year that each of the members is a qualified NEVADA Pursuant to the authority contained individual, as stated above. Agents must in § 401.3 of Title 7 of the Code of Federal Notice of Public Sale furnish the principal’s certification of Regulations, as amended, and pursuant qualification, as stated above. to paragraph 1 of the resolution adopted M ay 9, 1967. Any adverse claimants to the above- by the Board of Directors of the Federal Under the provisions of the -Public described land should file their claims, or Crop Insurance Corporation on March Land Sale Act of September 19, 1964 objections, with the undersigned on or 19, 1954, the time for filing applications (78 Stat. 988, 43 U.S.C. 1421-1427), 43 before the time designated for sale. for dry bean crop insurance for the 1967 CFR Subpart 2243, a tract of land will The lands described in this notice have crop year in all counties in Michigan be offered for sale to the highest bidder, been segregated from all forms of ap­ where such insurance is otherwise au­ but at not less than the appraised value propriation, including locations under thorized to be offered is hereby extended plus the publication costs, at a public the general mining laws, except for sale until the close of business on May 31, sale to be held at 2 p.m., local time, on under this Act, from the date of the 1967. Such applications received during Tuesday, June 27, 1967, at the Nevada proposed classification decision. In­ this period will be accepted only after it Land Office, Bureau of Land Manage­ quiries concerning this sale shall be ad­ is determined that no adverse selectivity ment, Room 3104, Federal Building, 300 dressed to the Land Officer Manager, Bureau of Land Management, Room will result. Booth Street, Reno, Nev. The land to be J ohn N. Lttft, offered for sale is described as follows: 3008, Federal Building, 300 Booth Street, Reno, Nev. 89502. Manager, M ount D iablo Meridian, Nevada Federal Crop Insurance Corporation. T. 35 N., R. 23 E., D aniel P. B aker, [F.R. Doc. 67-5509; Filed, May 16, 1967; Sec. 2, Lots 3 and 4, SW%; Manager, Nevada Land Office. 8:49 ajn.] Sec. 11, Ei/2NWy4. [F.R. Doc.- 67-5468; Filed, May 16, 1967; T. 36 N.,R. 23 E., 8:46 a.m.] Sec. 36, SW%. The areas described aggregate 428.70 DEPARTMENT OF COMMERCE Fish and Wildlife Service acres. The appraised value of the tract Office of the Secretary is $4,300, and the publication costs to be [Docket No. Sub-G-15] assessed are $10. [Dept. Order 89-B] PIONEER SHRIMP CO., INC. The land will be sold subject to all valid PATENT OFFICE existing rights and reservations for Notice of Hearing rights-of-way. Reservations will be made Organization and Functions M ay 12, 1967. to the United States for ditches and The following material supersedes the canals in accordance with the Act of Pioneer Shrimp Co., Inc., Post Office material appearing at 31 F.R. 6751-6752 August 30, 1890 (26 Stat. 391; 43 U.S.C. Box 1308, Tampa, Fla. 33601, has ap­ of May 5, 1966; 31 PB . 10702 of August 945). All mineral rights are to be re­ plied for a fishing vessel construction 11,1966; and 31 F.R. 15550 of December 9, served to the United States and with­ differential subsidy to aid in the con­ 1966. drawn from appropriation under the struction of a 89-foot overall length S ection 1. Purpose. The purpose of public land laws, including the general aluminum vessel to engage in the fishery this order Is to prescribe the organiza­ mining laws. for all commercial species of shrimp, tion and assignment of functions within Bids may be made by the principal or including royal red shrimp, spiny lobster, the Patent Office. his agent, either personally at the sale, snapper, and grouper. S ec. 2. Organization structure. The or­ or by mail. Bids must be for all the lands Notice is hereby given pursuant to the ganization structure and line of author­ in the parcel. Bids sent by mail will be provisions of the U.S. Fishing Fleet Im­ ity of the Patent Office shall be as considered only if received at the Nevada provement Act (P.L. 88-498) and Notice depicted in the attached organization Land Office, Bureau of Land Manage­ and Hearing on Subsidies (50 CFR Part chart.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7348 NOTICES

S ec. 3. Functions of the Office of the duct a comprehensive operations im­ and transportation services; mail, mes­ Commissioner. .01 The Commissioner provement program aimed at achieving senger, and general correspondence determines the policies and directs the maximum effectiveness in fulfilling the services; procurement and supply of programs of the Patent Office and is re­ current and future objectives of the graphic services and administrative sponsible for the conduct of all activities Patent Office. The responsibilities of this printing, including office forms and pub­ of the Patent Office. Office shall be carried out through the lications. This Division is also responsible .02 The A ssista n t Commissioners Office of the Director and the following for carrying out a comprehensive paper­ shall perform the duties pertaining to Divisions: work management program in the Patent the Office of the Commissioner assigned a. The Research and Devèiopment Di­ Office, embracing forms, reports, direc­ to them by the Commissioner under his vision shall identify areas of needed re­ tives and records. prior and continuing authority. Princi­ search, formulate approaches to research b. Budget and Finance Division shall pal functions assigned to the Assistant problems, conduct research (or monitor provide staff assistance in the develop­ Commissioners are: research carried out under contract), ment, application and execution of a. The First Assistant Commissioner design and install experimental systems, budgetary and fiscal policies and pro­ shall provide administrative and policy new equipment, or other products of grams; conduct accounting operations direction to the Office of the Solicitor, research, and evaluate their effectiveness for revenue, trust funds, and the Patent the Board of Appeals, the Board of after installation. Major research and Office appropriation; and administer Patent Interferences, the Trademark development efforts are aimed at devel­ payroll and related employee accounts. Trial and Appeal Board, and the Trade­ opment of automated search and re­ c. Personnel Division shall ¡administer mark Examining Operation. trieval systems and more effective dis­ activities relating to recruitment, place­ b. An Assistant Commissioner shall semination of stored information to Pa­ ment, employee relations, training and provide administrative and policy direc­ tent Office examiners, the patent pro­ career development, incentive awards, tion to the Office of Patent Classification, fession, and the scientific community. performance rating, position classifica­ Office of Patent Services, Office of Ex­ b. The Organization and Systems tion and wage administration, group- amining and Classifying Control, and to Analysis Division, a staff organization management relations, and various em­ each of three patent examining opera­ serving the entire Patent Office, shall ployee benefit programs. tions (Chemical, Electrical, and Me­ provide analytical and system research S ec. 5. Functions of offices reporting chanical) . for management in developing and im­ to the First Assistant Commissioner. .01 c. An Assistant Commissioner shall plementing improvements in methods, The Office of the Solicitor comprises the provide administrative and policy direc­ procedures, systems, organization and Solicitor, who is the chief legal Officer tion to the Office of Information Serv­ corresponding functional alignment, and for the Patent Office and his professional ices, the Office of Legislative Planning, manpower and equipment utilization to associates. This Office shall handle all and the Office of International Patent resolve operational problems, achieve litigation to which the Commissioner is and Trademark Affairs. efficiency, economy, and effectiveness in a party and provide all other required .03 Administrative and policy direc­ operations, and strengthen management legal services including drafting of legis­ tion of organization components of the practices; develop information systems lation and advice and assistance on Patent Office not delegated to an Assist­ providing data for management in plan­ legislative matters. ant Commissioner in paragraph .02 of ning and programing future require­ .02 The Board of Appeals shall con­ this section, is reserved in the Commis­ ments, in exercising day-to-day opera­ duct hearings and render decisions on sioner. tional control, and in measuring and appeals from adverse decisions of exam­ S ec. 4. Functions of offices reporting evaluating the effectiveness of programs iners rejecting claims in patent appli­ to the Commissioner. .01 The Office of and policies; develop cost-benefit data cations. Planning and Programing shall provide and apply new system concepts; design .03 The Board of Patent Interferences the principal assistance to the Commis­ and develop systems utilizing automatic shall conduct patent interference pro­ sioner in planning and developing the data processing equipment; analyze and ceedings and make final determination major programs of the Patent Office to interpret systems data; and perform in the Patent Office as to priority of in­ accomplish ite objectives and enhance its, related activities and functions. vention. The Board, also, shall decide role and effectiveness in carrying out the c. The Automatic Data Processing Di­ questions concerning property rights in purposes of the patent system; provide vision shall provide data processing serv­ inventions in the atomic energy and overall coordination of internal program ices to other elements of the Patent space fields brought before it under the planning in support of Office-wide ob­ Office. It shall be responsible for opera­ provisions of 42 U.S.C. 2182 and 2457 jectives, preparing pertinent guidelines tion, support, and maintenance of all (d) and (e). governing such effort including PPBS as general purpose automatic data process­ .04 The Trademark Trial and Appeal well as immediate and extended range ing equipment except that which may be Board shall be responsible for hearing program stages; initiate and conduct or assigned to other elements for data col­ and deciding adversary proceedings in­ coordinate the conduct of special studies lection or which is integral to process volving interfering applications, opposi­ and analyses required foç formulating, control systems of the Patent Office. Its tions to registration, cancellation peti­ reviewing, and appraising program plans functions shall also include writing and tions, and concurrent use proceedings; and projections of goals, making use of testing of computer programs, main­ and for hearing and deciding appeals the Organization and Systems Analysis taining a comprehensive library of pro­ from final refusals of the trademark ex­ Division or other most appropriate avail­ grams including those provided by other aminers to allow the registration of able resources for this purpose. elements of the Office, developing special trademarks. .02 The Office of Internal Audit shall utility routines, and defining needs for .05 The Trademark Examining Oper­ conduct a continuing program of inde­ new equipment or modification of exist­ ation shall be responsible for the classi­ pendent, objective, and constructive ing units. fication and examination of applications comprehensive internal audits of the op­ .04 The Office of Administration shall for the registration of trademarks and erating, administrative, and financial be responsible for overall Patent Office service marks and the maintenance of activities of the Patent Office to deter­ administrative functions., These func­ the principal and supplemental registers mine whether in the direction and exe­ tions shall be carried out, as Indicated, in of trademarks. cution of these activities they are being the following Divisions which constitute S ec. 6. Functions of offices reporting carried out effectively, efficiently, and the Office of Administration: to an Assistant Commissioner. .01 The economically and in conformance with a. Administrative Services DivisionOffice of' Examining and Classifying applicable laws, administrative rules and shall provide Office-wide services includ­ Control shall develop procedures and regulations, operating procedures, policy, ing the procurement and supply of equip­ quality and quantity standards relating and sound administrative practice; re­ ment, furnishings, and consumable to the conduct of the examination func­ port findings and make appropriate rec­ items; the procurement of property and tion; evaluate examiner compliance with ommendations for corrective action. services through formally advertised and such standards; train new examiners in .03 The Office of Research, Develop­ negotiated contracts; space and facilities patent practice and procedure; formu­ ment, and Analysis shall plan and con­ management; communications; travel late and provide general direction for

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7349 implementing classification programs; a subsidy-ineligible basis. Consequently, and provide logistic support for docu­ CIVIL AERONAUTICS BOARD the issues in the investigation will be so menting and effecting search file [Docket No. 17831, etc.; Order E-25135] limited. In addition, we will investigate revisions. the question of whether ASA’s existing .02 There are three Examining and NORTHERN CONSOLIDATED Anchorage-Fairbanks authority should Classifying Operations, respectively AIRLINES, INC., ET AL. also contain a subsidy-ineligible provi­ titled: Chemical, Electrical, and Me­ sion. chanical, each of which shall examine Order Instituting Investigation Accordingly, it is ordered, That: patent applications falling in its generic Adopted by the Civil Aeronautics 1. An investigation designated the category and shall have technical re­ Board at its office in Washington, D.C., Anchorage-Fairbanks Service Case be sponsibility for perfecting and updat­ on the 11th day of May 1967. and it hereby is instituted in Docket ing the classification of patents within Application of Northern Consolidated 18552 pursuant to sections 204(a) and its cognizance, subject to overall plans Airlines, Inc., Docket 17831, for con­ 401(g) of the Federal Aviation Act of and policies. An Examining Operation solidation of segments 1 and 2 of Route 1958, as amended to determine: comprises an Office of the Director, in­ 126 so as to eliminate mandatory stop (1) Whether the public convenience cluding a division charged with the at the segment junction point of Mc­ and necessity require the alteration, classification functions, and a number of Grath, Alaska, and authorize it to amendment, or modification of carrier examining groups, each representing a engage in nonstop service between authorizations so as to authorize unre­ broad field of invention within a generic Anchorage and Fairbanks; petition of stricted nonstop service in the Anchor­ category and having jurisdiction over Wien Alaska Airlines, Inc., Docket 18311, age-Fairbanks market; several examining subdivisions repre­ doing business as Wien Air Alaska under (2) Whether the public convenience senting art groupings. section 401 of the Federal Aviation Act and necessity require and the Board .03 The Office of Patent Services shall of 1958, as amended, for amendment of should order the alteration, amendment review incoming applications for com­ its certificate of public convenience and or modification of the certificate of public pliance as to form, assign applications to necessity so as to authorize it to engage convenience and necessity of Alaska Air­ appropriate examining units, issue patent in air transportation with respect to lines, Inc., for Route 138 in such a man­ grants, record instruments transferring mail, persons, and property between the ner as to make Anchorage-Fairbanks property rights in patents and trade­ terminal point Fairbanks, Alaska, and flights ineligible for subsidy; marks, provide drafting services, furnish the terminal point Anchorage, Alaska; 2. The applications of Northern Con­ copies of patents and office records, and application of Pacific Northern Air­ solidated Airlines, Docket 17831, Pacific maintain a search room for public use lines, Inc., Docket 18319, for authority Northern Airlines, Docket 18319, and in searching and examining patents, co­ to engage in air transportation between Wien Alaska Airlines, Docket 18311 be ordinate the mailing of examiner’s Anchorage and Fairbanks, Alaska. and they hereby are consolidated with actions and cited reference matter, and the above investigation; There are on file with the Board the 3. Any authority awarded in this pro­ maintain a Scientific Library to provide applications of Northern Consolidated ceeding shall be ineligible for subsidy; pertinent technical and scientific infor­ Airlines, Inc. (NCA), Docket 17831; 4. Motions to consolidate applications, mation to patent and trademark ex­ Pacific Northern Airlines, Inc. (PNA), motions or petitions seeking modification Docket 18319 and Wien Alaska Airlines, aminers and for public reference. or reconsideration of this order be filed Inc.(W ien), Docket 18311, which request no later than 20 days after the date of Sec. 7. Functions of offices reporting unrestricted nonstop authority in the to an assistant commissioner. .01 The service of this order and that answers to Anchorage-Fairbanks market. such pleadings be filed no later than 10 Office of Information Services shall ad­ The Anchorage-Fairbanks segment is days thereafter; vise and represent the Commissioner on a sizable route in the interior of Alaska 5. This proceeding shall be set down information matters; conduct programs involving a passenger flow of 180 pas­ for hearing before an examiner of the sengers daily over a half of whom are Board at a time and place hereafter des­ fostering public understanding of the Anchorage-Fairbanks passengers. Alaska American patent system and the func­ ignated; and Airlines, Inc. (ASA), is the only carrier 6. A copy of this order shall be served tions, services and publications of the certificated to provide nonstop service in upon the cities of Anchorage and Fair­ Patent Office; develop publication poli­ this important market. Moreover, it ap­ banks and the carriers certificated to cies; provide direction and assistance in pears that this market is growing at an serve these cities, who are hereby made developing new and revised publications; extremely rapid pace. Although we con­ parties to this proceeding. sidered the traffic needs of this market and assure conformity with policies, in the Pacific-Northwest Alaska Air This order will be published in the regulations, and standards concerning Service Investigation (Order E-21955, F ederal R egister. publications and publication practices. March 26,1965), it appears that the traf­ By the Civil Aeronautics Board. .02 The Office of Legislative Planning fic has substantially increased over this segment since the record was made in [seal] Harold R. Sanderson, shall make studies and advise the Com­ Secretary. missioner on matters which may require that proceeding. The volume of traffic in this market is [P.R. Doc. 67-5483; Plied, May 16, 1967; legislative action and, in cooperation well in excess of that in markets which 8:47 a.m.] with the' Office of the Solicitor, shall we have recently found required investi­ plan and conduct the legislative program gation as to the need for competitive of the Patent Office under applicable service.1 In addition, the increase in tour­ Department and Administrative Orders. ist traffic generated by the Alaska Cen­ FEDERAL COMMUNICATIONS tennial Celebration this year could have, .03 The Office of International Patent even after the close of the Centennial, a and Trademark Affairs shall make COMMISSION long-range stimulating effect on traffic [FCC 67-577] studies and advise on policy and action in this important market. Under these concerning international patent and circumstances we deem an investigation REQUESTS FOR ADDITIONAL FM trademark matters. into the need for competitive service in ASSIGNMENTS this market to be warranted. Effective date: May 4, 1967. It appears that this market is of suffi­ Statement of Policy David R. Baldwin, cient size and has sufficient traffic poten­ The Commission has noted an increas­ Assistant Secretary tial to justify consideration of awards on ing number of petitions for rule making „ for Administration. seeking additional assignments in the [F.R. Doc. 67-5458; Piled. May 16, 1967; ■1 Gulf Statee-Midwest Points Service In­ FM Table for large markets where there 8:45 a.m.] vestigation, Order E-24202, Sept. 19, 1966. are already several assignments, and also

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7350 NOTICES for multiple assignments in smaller com­ to operate CATV systems in the Cleve­ (4) Hearing sessions for cross-exam­ munities. Possible new assignments are land television market: ination on the evidence submitted by becoming scarce in large portions of the It is ordered, That the date of Jyne 12, parties other than Respondents shall country and the Commission has decided 1967 which is now scheduled for com­ begin on November 27, 1967, at 10 a.m. that any future changes in the Table will mencement of hearing is converted to a (5) If Respondents wish to offer re­ only be made consistent with a convinc­ further prehearing conference at 10 am. buttal to the testimony submitted by ing showing that the proposal will result Issued: May 10,1967. other parties, such rebuttal shall be dis­ in a fair and equitable distribution of tributed on or before January 18, 1968. available facilities, with due regard to the Released: May 12,1967. ' (6) Hearing sessions for cross-exam­ future needs of other communities. Spe­ F ederal Communications ination on such rebuttal testimony will cifically, with the exception of requests Commission, begin February 5,1968, at 10 a.m. for a first assignment in small commun­ [seal] Ben F. Waple, Adopted: May 11,1967. ities not located near large population Secretary. centers, the showing should include an [F.R. Doc. 67-5494; Filed, May 16, 1967; Released: May 11,1967. outline of the areas which may be pre­ 8:48 a.m.] cluded from the use of the channel pro­ F ederal Communications posed and the six pertinent "adjacent Commission, channels. A convincing showing of need [Docket Nos. 16258,15011; FCC 67M-793] [seal] Ben F. W aple, Secretary. for the additional assignment should also AMERICAN TELEPHONE AND be included, especially in communities of [F.R. Doc. 67-5495; Filed* May 16, 1967; under 10,000 population where a request TELEGRAPH CO. 8:48 a.m..] for a second assignment is made, and for Order Regarding Procedural Dates additional assignments in larger markets. [Docket No. 15752; FCC 67R-194] A request for an additional assignment In the matter of American Telephone merely to eliminate a comparative hear­ and Telegraph Co. and the Associated CHARLES W. JOBBINS ET AL. ing will not normally be considered a suf­ Bell System Cos., charges for interstate ficient showing. and foreign communication service, Memorandum Opinion and Order Docket No. 16258; in the matter of Amer­ Enlarging Issues As to requests for wide-coverage Class ican Telephone and Telegraph Co., B or Class C channels in places where a charges, practices, classifications, and In re applications of Charles W. Job- Class A is or could be assigned (particu­ regulations for and in connection with bins, Costa Mesa-Newport Beach, Calif., larly relatively small communites), if the teletypewriter exchange service, Docket Docket No. 15752, File No. BP-16157; et request is based on need for a large facil­ No. 15011. al., 15754, 15755, 15756, 15758, 15759, ity to serve a “white” or “gray” area, it 15760,15762,15764,15765,15766; for con­ should include a showing as to the extent 1. With the completion of the record and oral argument with respect to juris­ struction permits. of such underserved area. This is par­ 1. Five of the applicants in this pro­ ticularly important if the requested as­ dictional separations and rate of return in accordance with prior orders of the ceeding seek addition of three issues to signment would mean the deletion of a determine the effect on the character present assignment without replacement. Commission herein, it is now appropriate to establish procedural dates for the sub­ qualifications of California Regional Such showings should be based on the Broadcasting Corp. (Regional) of the facilities the petitioner expects to apply mission of evidence with respect to rate making principles and factors which, acts of two of its shareholders, William for and construct if the requested assign­ and Howard Ahmanson, “in connection ment is made. although part of Phase 1, had been tem­ porarily deferred. with monetary contributions made to or Adopted: May 10, 1967. 2. The Telephone Committee has re­ through Robert G. “Bobby” Baker dur­ Released: May 12,1967r quested, and Respondents have agreed ing 1962 * * *” 1 The history of this to supply, certain additional data with proceeding is of particular relevance to F ederal Communications respect to costs to be considered in con­ Commission,1 nection with the evidence on rate making disposition of the instant request for [seal] Ben F. Waple, if principles and factors. At such time as it issues. ' Secretary. is known when this data will be available, 2. Petitioners are among 11 applicants [F.R. Doc. 67-5492; Filed, May 16, 1967; appropriate dates for its introduction seeking authorization for the frequency 8:47 am.] into this record will be established. 1110 kc/s vacated by the Commission’s 3. Where provision is made for dis­ 1962 refusal to renew the license of Sta- tribution of exhibits, copies shall be [Docket Nos. 17357-17359; FCC 67M-794] served upon the members of the Tele­ AKRON TELERAMA, INC., ET AL. phone Committee, the Cooperating State 1 Before the Review Board for consideration Commissioners, the Hearing Examiner, are: Petition to enlarge issues, filed Mar. 2, Order Scheduling Prehearing tiie FCC staff, and all parties of record. 1967, by Charles W. Jobbins, Pacific Fine Conference Music, Inc., Storer Broadcasting Co. (KGBS), Accordingly, it is ordered, That: Pasadena Broadcasting Co., and Orange In re petitions by Akron Telerama, (1) On or before September 15, 1967, Radio, Inc., opposition to petition to enlarge Inc., Akron, Ohio, Docket No. 17357,/File except as provided in paragraph 2 above, issues, filed Mar. 29, 1967, by California Re­ No. CATV 100-16; Lorain Cable TV, Inc., Respondents shall distribute any addi­ gional Broadcasting Corp.; Broadcast Bu­ Lorain, Ohio, Docket No. 17358, File No. tional evidence on rate making principles reau’s comments on petition to enlarge issues, CATV 100-128; Telerama, Inc., Cleveland and factors which they intend to intro­ filed Mar. 29, 1967; motion to certify “Peti­ duce into this record in addition to Bell tion to enlarge issues” to the Commission, Heights, Richmond Heights, South filed by Regional on Mar. 29, 1967; Broadcast Euclid, Beachwood, Oakwood, East Cleve­ Exhibits Numbers 23, 23A, 24, 24A, and Bureau’s comments on motion to certify peti­ land, Garfield Heights, Euclid, Highland 25 to 30 which have already been tion to enlarge issues to the Commission, filed Heights, University Heights, Bedford supplied. /Apr. 4,1967; reply to opposition to petition to (2) All other parties, including the enlarge issues and opposition to motion to Heights, Maple Heights, Lyndhurst, Bed­ FCC staff, shall distribute written testi­ certify, filed by Jobbins et al. on Apr. 11,1967; ford, and North Randall; also Shaker mony on rate making principles and request for leave to file opposition to Broad­ Heights, Warrensville Heights, and War- factors on November 6,1967. cast Bureau’s comments on petition to en­ (3) Hearing sessions will be held for large issues, and opposition to Broadcast Bu­ rensville Towftship, Ohio, Docket No. reau’s comments on petition to enlarge, filed 17359, File No. CATV 100-146; for au­ the purpose of cross-examination on Re­ spondents’ evidence relating to rate by Regional on Apr. 13, 1967; Broadcast Bu­ thority pursuant to § 74.1107 of the rules reau’s statement supporting Regional’s re­ making principles and factors, including quest for leave to file an additional pleading, Bell Exhibits Numbers 23, 23A, 24, 24A, filed on Apr. 17, 1967; and reply to comments 1 Commissioners Wadsworth and Johnson and 25 to 30, beginnning on October 9, and opposition to motion to certify, filed absent. 1967, at 10 a.m. on Apr. 19, 1967, by Regional.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7351 tion KRLA.2 Their applications were clear in light of the foregoing, good cause decision” on tax legislation; Title 18, among 19 originally filed in response to is apparent in petitioners’ factual allega­ section 201—prohibiting contributions the Commission’s 1964 Public Notice tions that: The specific facts relied upon intended to “influence any official act” of (PCC 64-142). Only two of the original 19 were first discovered on January 12, a member of Congress; Title 2, Chapter applications complied with note to Rule 1967 during the Baker trial; counsel for 8—requiring an accounting of contribu­ 1.571 as then in force; the Commission petitioners studied the transcript and tions received and amounts expended by (FCC 64-743), in accepting the applica­ unsuccessfully attempted to reach a individuals to influence Congressional tions for filing, therefore waived the stipulation with Regional; on February election; Title 18, section 608—prohibit­ freeze to the extent necessary to permit 20,1967, the Examiner ruled the evidence ing individual contributions to or on be­ consideration of all applications on the inadmissible under existing issues; and half of any candidate for elective Federal question of which would best satisfy the within 11 days of that ruling the instant office in excess of $5,000 in any calendar provisions of section 307(b). The two petition was filed. The merits of the year; and Title 18, section 610—prohibit­ applications in compliance with the request will accordingly be considered.3 ing certain corporate contributions in freeze criteria were subsequently amend­ 4. The petitioners’ request for issues connection with any Congressional elec­ ed to specify another frequency and de­ herein results from certain January 12, tion (assuming that the individual con­ leted from this proceeding. Because all 1967 testimony of William Ahmanson tributions herein can be imputed to the applicants then remaining sought au­ and Kenneth Childs in the case of corporation) . A full evidentiary record thorization to operate within 40 miles of United States v. Robert G. Baker (U.S. on the substance of the matters raised Pasadena, the Commission (FCC 64- District Court for the District of Colum­ during the Baker trial is sought by peti­ 1195) determined that the freeze should bia. Criminal No. 39-66).’ William tioners to determine whether any con­ be completely waived and that a con­ Ahmanson is a Director of Home Savings duct occurred which would either dis­ tingent comparative issue should be add­ and Loan Association (Home Savings), qualify Regional or require assessment ed. In the same order issues were also substantially all of the stock of which is of a comparative demerit. specified, insofar as concerns Regional, owned or controlled by his uncle, Howard 6. Commission inquiry into the effects to ascertain whether: (1) Its proposed Ahmanson.4 In 1962, when the events on applicant qualifications of statutory operation would be in compliance with here at issue occurred, Kenneth Childs violations is governed generally by the Rule 73.37 (because of 2 and 25 mv/m was president of Home Savings. The 1951 Uniform Policy as to Violation by overlap); (2) whether its proposed an­ testimony upon which reliance is placed Applicants of Laws of United States, 1 tenna site would be suitable; (3) whether indicates that in 1962 Childs visited RR (Part 3) 91:495. The Commission its directional antenna array can be ad­ Washington to learn more about pending there notes that it is not precluded from justed and maintained as proposed; (4) tax legislation which would affect the considering violations of statutes ini­ and (5) whether objectionable night­ savings and loan business; that he was tially administered by other agencies be­ time interference would be caused to introduced to Baker, whom he informed cause in so doing it is neither attempting Station KFAB, Omaha, Nebr., or the of the size and importance of Home Sav­ “to apply the * * * laws as such” nor pending application (BP-12555) of Don­ ings; that Baker recommended that the “to impose penalties for violations of nelly C. Reeves for a new standard broad­ savings and loan industry recognize the laws administered by” other agencies, cast station at Roseville, Calif. In addi­ necessity of becoming politically active “but rather consider [ing] such violations tion, areas and populations issues and by making friends and contacts, so that along with other conduct pertinent to a a section 307(b) issue were designated as they would find “an open door and an determination” of applicant qualifica­ to all applicants. Subsequent to adoption attentive ear” for the viewpoint of sav­ tions. Because of the difficulties inherent of its policy statement on section 307 (b) ings and loan groups “when legislation in consideration of even such previously Considerations for Standard Broadcast came along that affected that business”; established statutory violations, how­ Facilities Involving Suburban Communi­ and that Baker indicated that a $100,000 ever, the Commission’s Uniform Policy ties; 2 FCC 2d 190, 6 RR 2d 1901 (1965), campaign contribution from the Cali­ established no blanket policy; “we must reconsideration denied 2 FCC 2d 866, 6 fornia industry would be “very impres­ and will decide each case on its indi­ RR 2d 1908, the Commission also added sive.” Childs testified that after his vidual merits.” Thus, while addition of section 307(b) suburban community return to California he met with other the issues here sought by petitioners is issues against Regional and other appli­ savings and loan officials at Howard not barred because administration of the cants (2 FCC 2d 197, 6 RR 2d 574 (1965)). Ahmanson’s home; that political contri­ statutes in question is within the prov­ The Review Board (3 FCC 2d 564, 8 RR butions were discussed; and that William ince of the Justice Department rather 2d 189) declined to add waiver issues in Ahmanson was delegated to raise money. than the PCC, neither is the Board’s con­ the event of adverse resolution of these According to William Ahmanson’s testi­ sideration of this request necessarily con­ issues. mony, he did in fact raise $33,000 in cash, trolled by actions taken in other cases in­ 3. The first prehearing conference inincluding his own contribution of $10,000, volving different statutes and factual this proceeding was held on January 28, all of which was turned over by him to situations. Disposition of the instant re­ 1965; other prehearing sessions were Stuart Davis, in the office of Kenneth quest must be governed by the specific held on February 18, March 15, April 22, Childs. Petitioners note that this money circumstances of the proceeding as well and June 21, 1965. Hearing commenced was identified during Baker’s trial as as the general considerations enunciated on September 29, 1965. Since January part of a sum of $99,600 delivered to in the Uniform Policy. 1965 over 7,500 pages of transcript have Baker in 1962. 7. Recognizing this necessity, the been compiled, thousands of pages of 5. Petitioners state that violations of Broadcast Bureau has urged that be­ exhibits have been introduced, over 1,200 the following provisions of the United cause of the great length and complex­ pages of depositions have been taken and States Code are in question: Title 18, ity of this proceeding; the equally more than 100 Commission orders have section 204—prohibiting contributions lengthy and complex “hearing within a been released on matters raised by the intended to influence “action, vote, or hearing” called for by the requested remaining 11 applicants; the record on issues; and the existence of five threshold the designated issues is not yet com­ 3 Since the Board’s delegated authority per­ basic issues, a section 307(b) suburban plete. While the untimeliness of the in­ mits consideration of the merits herein, and community issue, and a standard section stant request for addition of still other such policy questions as would require cer­ 307(b) issue, any one of which might issues to this proceeding is abundantly tification pursuant to Rule 0.341 (see e.g., prove fatal to Regional’s application, the Midwest Television, Inc. (KFMB-TV), FCC Board should withhold action on peti­ 66R-410, 5 FCC 2d 391) are not raised, Re­ tioners’ request until such time, if ever, “Eleven Ten Broadcasting Oorp., 32 FCC gional’s motion to certify will be denied. as it becomes clear that Regional’s ap­ 706, 22 RR 699, reconsideration denied 33 4 According to William Ahmanson, his plication is otherwise eligible for com­ FCC 92, 22 RR 702n (1962), affirmed sub nom. uncle is the principal owner of H. F. Ahman­ Immaculate Conception Church of Los An­ son & Co., which is in turn the principal parative consideration. The Bureau cites geles v. FCC, 320 F. 2d 795, 25 RR 2128a owner of Home Savings & Loan. Howard the potential “administrative advan­ (D.C. Cir. 1963), cert, denied 375 U.S. 904 Ahmanson is a 33.33 percent stockholder in tages” of substantial savings in time and (1963). The station is presently In operation Regional; William Ahmanson is a 28.33 per­ expense, and the possibility of more pursuant to an Interim authorization. cent stockholder. expeditious inauguration of service on

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 No. 95—Pt. I-----4 7352 NOTICES

1110 kc/s resulting from such action, to the public some 5 years ago. Finally, aminer’s resolution of the comparative which would obviate further hearing in the matters here raised would ultimately aspect of this case. Such a procedure the event Regional is held disqualified prove to have been without decisional lacks any element of potential prejudice under any of the existing issues. Finally, significance if (a) Regional carried the to Regional since there remains no un­ it is noted that by withholding action the burden under the added issues, (b) resolved question as to whether the peti­ Board might ultimately be in a better Regional were in any case not technically tion has merit: the petition has affirma­ position to act on the merits of the peti­ qualified, (c) Regional failed to rebut the tively been found to have sufficient merit tioners’ request if, “as an outgrowth of presumption inherent in the section 307 to require comparative consideration. the Baker trial, further facts are brought (b) suburban community issue, or (d) an The limited comparative issue here added to light regarding such potential viola­ applicant other than Regional would is governed by the same procedures as tions * * * have been preferred pursuant to standard apply in addition of general contingent 8. The Bureau’s position is assailed by section 307(b) criteria. For all these rea­ comparative issues; after adduction and Regional® on the grounds that the Bu­ sons, the Board is unable to find that the consideration of evidence on the basic reau’s suggested advantages are essen­ public interest would be served by addi­ qualifications and section 307(b) issues, tially chimerical; and more important, tion, at this time, of issues which would the Examiner may determine whether it that “affirmative prejudice to Regional require immediate further hearing on would be appropriate to adduce evidence * * * would result from that procedure” Regional’s application. The request for under this aspect7 of the comparative because the requested issues are of a basic qualifications issues will accordingly consideration. See Rockland Broadcast­ character nature. The recommended be denied. ing Co., FCC 62-577, 23 RR 789; KWEN procedure is characterized by Regional 10. The foregoing conclusion does not, Broadcasting Co., FCC 62R-35. By adop­ as bordering on “administrative black­ however, end the matter. Regional would tion of such a procedure Regional is mail: It says, in effect, that the Board have the Board conclude that petitioners’ placed on notice as to what will be re­ can avoid confronting the merits of the charges are purely speculative and totally quired of it; the burdens imposed on the petition * * * by disqualifying * * * lacking in substantive merit. This, despite public, the-parties and the Commission Regional under one of the existing issues, the above noted difficulties of fact and by trial of unnecessary issues are and, sub silentio, it counsels * * * Re­ law inherent in the matters raised, the avoided; and the possibility of grant of gional that it cannot prevail in the hear­ Board is unable to do. Before the Com­ an application without consideration of ing, and that only the means of its ulti­ mission can grant any application it must all matters affecting the public interest mate demise remain in doubt.” The make an affirmative finding that such a determination is precluded. Board is unable to agree with Regional grant would be tn the public interest. If Accordingly, it is ordered, That the that the Examiner’s ability to determine the facts here alleged, some of which are petition to enlarge issues, filed on March the existence, for example, of objection­ admitted, were proven correct, and if 2, 1967, by Charles W. Jobbins, Pacific able nighttime interference would be these facts or others not now established, Fine Music, Inc., Storer Broadcasting impaired by the pendency of a request for were found to demonstrate improper con­ Co. (KGBS), Pasadena Broadcasting character issues. However, the Board duct in light of the cited statutes, then Co., and Orange Radio, Inc. is granted ''-does agree that the present record offers such determination would necessarily to the extent hereinafter indicated and insufficient justification for postpone­ affect a decision whether grant of the is denied in all other respects. ment of action on the merits of the peti­ Regional application, if not otherwise It is further ordered, That the motion tion. barred, would serve the public interest to certify petition to enlarge issues to 9. While the foregoing considerations as well as that of another basically quali­ the Commission, filed on March 29,1967, preclude adoption of the course suggested fied applicant. Even in cases where the by California Regional Broadcasting by the Bureau, several of the matters substantive inadequacy of character alle­ Corp. is denied; and that the request cited in the Bureau’s pleading do bear on gations precluded addition of basic issues, for leave to file opposition to Broadcast resolution of the question whether a basic such comparative consideration has been Bureau’s comments on petition to en­ qualifications issue should here be added. authorized. See e.g., Spanish Interna­ large issues, filed on April 13, 1967, by Addition of such an issue would necessi­ tional Television Co., Inc., FCC 64R-239, California Regional, Broadcasting Corp. tate trial, by the FCC, of facts in the 2 RR 2d 853.® The Board has therefore is granted and the concurrently filed hands of the Justice Department and of determined that while present considera­ opposition is accepted. laws whose interpretation is peculiarly tion of the matters raised by petitioners It is further ordered, That the issues within the expertise of that Department; pursuant to a disqualifying issue is not, in this proceeding are enlarged by addi­ would involve protraction of an already for the reasons stated, warranted, any tion of the following issue: To determine, overlong proceeding (see Policy State­ comparative evaluation of the Regional in the event that the comparative qual­ ment on Comparative Broadcast Hear­ application would have to include consid­ ifications of California Regional Broad­ ings, 1 FCC 2d 393, 5 RR 2d 1901, recon­ eration of such matters; an appropriate casting Corp. are deemed by the Exam­ sideration denied 1 FCC 2d 918 (1965)), comparative issue will accordingly be iner to be of decisional significance, the with concomitant increased expense to specified. facts concerning monetary contributions the Commission and all parties; and * * * * # made to or through Robert G. “Bobby” would further postpone inauguration of a 11. Since it is not now clear which of Baker by William and Howard Ahman- permanent service on 1110 kc/s to the the 11 applications will remain eligible son during 1962, and the effect, if any, public detriment. So far as the Board is for comparison after resolution of the of such facts upon the qualifications of . aware, the Justice Department has taken technical and section 307(b) matters, California Regional Broadcasting Corp. no action on the facts here involved, and however, evidence need not be adduced whether they would establish the occur­ Adopted: May 10, 1967. on the added issue until such time, if Released: May 12, 1967. rence of prohibited or improper conduct ever, as it becomes essential to the Ex- depends to some extent upon the con­ F ederal Communications struction placed upon the relevant Commission,8 statutes. This proceeding is already an a The specific procedure followed in the Spanish International case, refusal to enlarge [seal] Ben F. Waple, unusually involved and extensive one (see the issues with direction to the Examiner Secretary. pars. 1 and 2, supra) directed toward the that the matter could be considered under [F.R. Doc. 67-5496; Filed, May 16, 1967; restoration of a permanent service, lost the comparative issue, is now barred by the 8:46 am.] policy statement on Comparative Broadcast 5 Because its original opposition was filedHearings, 1 FCC 2d 393, 5 RR 2d 1901, re­ 7 The bulk of the comparative evidence in concurrently with the Bureau’s comments, consideration denied 1 FCC 2d 918 (1965). this proceeding has in fact already been Regional, with the Bureau's support, re­ However, the policy statement specifically taken, presumably on the assumption that quested leave to file an opposition to the authorizes an analogous procedure, where the issue will be reached as to at least some Bureau’s comments. In view of the some­ warranted: “Since substantial demerits may of the applicants. what unusual procedure suggested by the be appropriate in cases where disqualifica­ 8 Joint concurring statement of Review Bureau, the Board considers Regional’s tion is not warranted, petitions to add an Board Members Stone and P in oock filed as additional pleading both justified and help­ issue on conduct relating to character will part of original document. Board Member ful. The request wiU be granted. be entertained.” Nelson not participating.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7353

[Docket No. 17209; FCC 67R-196] 3. Missouri, in its petition, requests 5. A request for a character qualifica­ SALTER BROADCASTING CO. that the Board delete the air hazard issue tions issue against KWK Broadcasting as it applies to its proposal and Issue 14, Corp. is contained in the motion to en­ (WBEL) ET AL. which relates to Missouri’s financial large issues filed by St. Louis Broadcast­ Memorandum Opinion and Order qualifications. With regard to the air ing Co. On April 20, 1967, the Examiner Deleting Issues hazard issue, Missouri submitted a letter released a memorandum opinion and from an FAA official, dated July-26,1966, order, FCC 67M-654, dismissing the In re applications of Salter Broadcast­ stating that its proposal would not be a application of KWK Broadcasting Corp., ing Co. (WBEL), South Beloit, HI.» Dock­ hazard to air navigation, and that the for failure to prosecute. St. Louis Broad­ et No. 17209, File No. BMP-11646; et al., FCC has been advised of this determina­ casting’s motion has been rendered moot 17210, 17211, 17212, 17213, 17214, 17215, tion. With regard to the financial quali­ by this action, and will therefore be 17217, 17219; for construction permits. fications issue, Missouri states that in dismissed. 1. This proceeding was designated for the designation order the Commission 6. Great River, in its petition, requests hearing by memorandum opinion and found that it would require funds in an that the Board delete the air hazard is­ order, FCC 67-225, released February 21, amount of $1,061,697 to construct and sue as it applies to its proposal and Issue 1967. Presently before the Review Board operate its proposal, but that it showed 11, which inquires into Great River’s are the following interlocutory requests: only $1,025,000 in available funds. How­ financial qualifications; and enlarge the (a) Motion to delete issues, filed on ever, Missouri points out, in an amend­ comparative issue so as to encompass March 13, 1967, by Victory Broadcasting ment to its application filed on July 6, its proposed staffing and programing Co., Inc. (Victory) ; 1 (b) petition of 1966, Missouri indicated that in the event plans.9 In support of its request to delete Missouri Broadcasting, Inc. (Missouri), of a grant it will have available the the air hazard issue, Great River sub­ to delete issues, filed on March 13,1967; * facilities of the interim permittee, there­ mitted a copy of a letter dated July 22, (c) motion to delete issues, filed on by reducing its total financial require­ 1966, from an FAA official stating that March 13, 1967, by Six-Eighty-Eight ments to a sum of $463,197. Where, as its proposed tower would not be a haz­ Broadcasting Co. (Six-Eighty-Eight) ; 8 here, it is established that issues have ard to air navigation and that the FCC (d) motion to enlarge issues,-filed on been inadvertently Specified because all has been advised of this determination. March 13, 1967, by St. Louis Broadcast­ of the facts were not considered, peti­ To supports its request to delete the ing Co. (St. Louis Broadcasting); * and tions to delete will receive favorable con­ financial issue, Great River points out (e) petition to delete and enlarge issues, sideration. See Cleveland Broadcasting, that in the designation order, the Com­ filed on March 13, 1967, by Great River Inc., FCC 63R-519, 1 RR 2d 676^ and mission found that this applicant would Broadcasting, Inc. (Great River).5 KFOX, Inc. (KFOX), FCC 65R-80, re­ require $974,245 to construct and ini­ 2. In its motion, Victory requests the leased March 4, 1965. Cf. Fidelity Radio, tially operate its proposal, but had avail­ Board to delete so much of Issue 10 as Inc., FCC 65-754, 6 RR 2d 140. The able funds of only $600,000; whereas, would inquire into whether its proposed Board will accordingly delete the issues, Great River avers, an amendment to its tower height and location would consti­ as requested by Missouri. application filed on July 1, 1966, reflects tute a menace to air navigation (air 4. Six-Eighty-Eight’s motion looks to­ that it will utilize the facilities now be­ hazard issue). To support its request, ward the deletion of Issue 12, a financial ing used by the interim permittee and Victory submitted a copy of a determina­ qualifications issue. In support of its mo­ thereby reduce its total costs to $462,- tion of no hazard to air navigation, issued tion, Six-Eighty-Eight states that in the 414.70. The reasons previously set forth by the Federal Aviation Agency on No­ designation order, the Commission noted for granting Missouri’s petition (see par. vember 19, 1965. Except in unusual cir­ that Six-Eighty-Eight would require 3, supra) apply with equal force to Great cumstances, the Board will not delete an funds in an amount of $406,600 in order River’s requests to delete, and those re­ issue based upon material contained in to construct and initially operate its pro­ quests will therefore be granted. pleadings or post-designation amend­ posal, but refused to give the applicant 7. Great River bases its request for a ments,* and Victory has not alleged that credit for a $299,000 stock purchase com­ comparative staffing issue principally on the FAA clearance was filed or brought to mitment because it was not backed by the allegations that most of its stockhold­ the Commission’s attention prior to des­ sufficient liquid assets or for a bank com­ ers will hold staff positions, and that ignation. However, in view of the un­ mitment letter for a loan up to $1,000,000 several of these and other stockholders equivocal nature of Victory’s showing; because the letter did not contain the have expertise in particular areas of the desirability of simplifying (nine ap­ terms and conditions of the loan. How­ programing. In its Policy Statement on plicants and 17 issues) and expediting ever, Six-Eighty-Eight submits, the bank Comparative Broadcast Hearings, FCC (the facilities sought are presently being commitment was sufficient, and, in any 65—689, 5 RR 2d 1901, the Commission utilized by an interim operation) this event, on March 13, 1967, it filed an stated that staffing plans will not be proceeding; and the facts that the Bu­ compared in the hearing process “ex­ reau supports the request and none of amendment with the Examiner,7 which cept where an inability to carry out pro­ the other parties oppose, Victory’s mo­ includes an up-dated commitment let­ posals is indicated.” The quantity and tion will be granted. ter setting forth all of the pertinent quality of Great River’s plans for par­ terms and conditions of the loan, docu­ ticipation in station operation by its 1 The Broadcast Bureau^ filed a statement ments to establish that the conditions owners can be elicited under the exist­ supporting Victory’s motion on Mar. 22, 1967. can be met, and a balance sheet to show ing comparative issue in the event that 2 The Bureau also filed a statement sup­ issue is reached. However, Great River’s porting Missouri’s petition on Mar. 22, 1967. that the stock purchase commitment allegations fall far short of those re­ 8 The Bureau filed comments on Six- can be met. Six-Eighty-Eight’s amend­ quired to support the addition of a com­ Eighty-Eight’s motion on Apr. 6, 1967. ment clearly shows that this applicant is 4 Comments on St. Louis Broadcasting’s parative staffing issue. motion were filed by the Bureau on Mar. 22, financially qualified. For the same rea­ 8. Great River’s request for a compar­ 1967. sons as previously articulated for grant­ ative programing issue is premised upon 8 In response to Great River’s petition, the ing Victory’s motion (see par. 2, supra), allegations that it will present high qual­ following pleadings were filed: Broadcast and because there has been some ques­ ity music shows, including “classical” Bureau’s statement, filed onr Apr. 12, 1967; and “jazz” offerings; that it will pre­ statement in support of the petition, filed on tion regarding the Commission’s require­ sent various “instructional” programs, Apr. 13, 1967, by Home State Broadcasting ments for establishing the availability of Corp.; response, filed on Apr. 13, 1967, by as opposed to formal educational Archway Broadcasting Co.; and reply, filed a proposed bank loan,® the Board will courses; that it will afford an opportunity Apr. 25, 1967, by Great River. grant Six-Eighty-Eight’s motion. 6 See, e.g., Ultravision Broadcasting Co., • Great River also mentions that it is filing PCC 64R-140, released Mar. 19, 1964; Marion 7 This amendment was accepted by Order, a joint petition with Missouri requesting en­ Moore, PCC 65R-53, released Feb. 8,1965; and PCC 67M-550, released Apr. 4, 1967. - largement of the existing section 307(b) is­ Nebraska Rural Radio Association, PCC 65R- 8 See Romac Baton Rouge Corp., PCC 67R- sue. The Joint petition will be considered by 158, 5 RR 2d 43. 92, released Mar. 21, 1967. the Board in another document.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7354 NOTICES for area universities to present student The Toledo Blade Co., 25 FCC 251, 15 above-designated rate changes if per­ produced programs; that it will present RR 739 (1958); and Appalachian Broad­ mitted to become effective would be un­ “in-depth” news coverage and edi­ casting Corp., 11 RR 1327 (1956).“ just, unreasonable, or otherwise unlaw­ torials; that it will present ôpen-end, in­ Rather, the Commission looks at the ful under section 18(a) of the Shipping ter-faith religious dialogues, as opposed overall proposal in terms of its balance Act, 1916, and/or sections 3 and 4 of the to merely duplicating Sunday morning and attentiveness to programing for Intercoastal Shipping Act, 1933, and good services; that it will present a teenage demonstrated public needs. Cherokee cause appearing therefore: program in which teenagers will par­ Broadcasting Co., FCC 58-647, 13 RR It is ordered, That pursuant to the au­ ticipate and assist with the planning; 725; Appalachian Broadcasting Corp., thority of section 3 of the Intercoastal and that these and other high quality supra; and the Policy Statement, supra. Shipping Act, 1933, an investigation is program offerings are related to and re­ Thus, while it is true that Great River hereby instituted into the lawfulness of sponsive to various surveys and inter­ could not have compared the quality of the rates and charges on Beans, Lentils, views conducted by Great River. To re­ its particular programs with those pro­ and Peas, in bags, contained in Item No! quire it to compare its program plans posed by other applicants absent more 610 on Original Page No. 14, FMC-F No. with those of the other applicants in this detailed submissions by the other appli­ 13, including all rules and regulations af­ proceeding (in order to secure an issue), cants, we believe that more basic dif­ fecting such rates and charges with a Great River states in its reply pleading, ferences" could and should have been view to making such findings and orders is unrealistic because the plans of the alleged in order to warrant the requested in the premises as the facts and circum­ other applicants are not adequately issue, which will therefore be denied. stances warrant. In the event the matter enough revealed to make comparison Accordingly, it is ordered, That the hereby placed under investigation is possible. motion to delete issue, filed on March 13, changed, amended, or reissued upon ter­ 9. In Chapman Radio and Television1967, by Victory Broadcasting Co., Inc.; mination of the suspension period before Co., FCC 67-234, 7 FCC 2d 213, the Com­ the petition of Missouri Broadcasting, the investigation has been concluded, mission summarized the nature of the Inc., to delete issues, filed on March 13, such changed, amended, or reissued mat­ showing necessary for the inclusion of 1967; and the motion to delete issue, filed ter will be included in this investigation. a comparative programing issue, as fol­ on March 13, 1967, by Six-Eighty-Eight lows: A proponent of the programing is­ Broadcasting Co. are granted; that the It is further ordered, That pursuant to sue should be required to make a prima motion to enlarge issues, filed on March section 3, Intercoastal Shipping Act, facie showing that there are significant 13,1967, by St. Louis Broadcasting Co. is 1933, the operation of the aforementioned differences in the programing proposed dismissed as moot; and that the petition Item No. 610 is suspended and the use and should relate his claimed substantial to delete and enlarge issues, filed on thereof be deferred to and including superiority in program planning to his March 13, 1967, by Great River Broad­ September 15, 1967, unless otherwise or­ ascertainment of community needs. casting, Inc., is granted to the extent in­ dered by this Commission. Thus, we agree with the Broadcast Bu­ dicated below and denied in all other It is further ordered, That the in­ respects; and vestigation in this proceeding shall not reau and Archway Broadcasting Co., be confined to the matters and issues twho oppose the request because Great It is further ordered, That the Com­ hereinbefore stated as the reason for in­ tRiver made no attempt to show sub­ mission’s memorandum opinion and or­ stituting this investigation, but shall in­ stantial differences between its and the der (FCC 67-225), released February 21, clude all matters and issues with respect other applicants’ proposed programing 1967, is modified by the deletion of issues to the lawfulness of the said schedules or to compare the applicants’ program­ 10,11,12, and 14. under the Shipping Act, 1916, or the In­ ing proposals in any way.14 Although de­ Adopted: May 10, 1967. railed program descriptions for all of tercoastal Shipping Act, 1933; Released: May 12, 1967. It is further ordered, That there shall fthe applicants are not available, each be filed immediately with the Commis­ was required, in section IV of Form 301,11 F ederal Communications sion by Sea-Land Service, Inc. a consecu­ fas a minimum to furnish a percentage Commission,14 tively numbered supplement to Tariff breakdown of program categories (news, [seal] Ben F. Waple, FMC-F No. 13 which supplement shall religious, educational^ etc.) ; a percent­ Secretary. age breakdown of program types (live bear no effective date, shall reproduce [F.R. Doc. 67-5497; Filed, May 16, 1967; the portion of this order wherein the commercial, network commercial, live 8:48 am.] suspended matter is described and shall sustaining, etc.) ; a proposed weekly pro­ state that the aforesaid matter is sus­ gram schedule; and certain other pro­ pended and may not be used until Sep­ gram information. This information, in tember 16, 1967, unless otherwise au­ our view, afforded Great River at least thorized by the Commission; and the some basis for comparing those areas of FEDERAL MARITIME COMMISSION [Docket No. 67-32] rates and charges heretofore in effect, programing for which a need was deter­ and which were to be changed by the mined to exist.“ Instead, Great River SEA-LAND SERVICE, INC. suspended matter shall remain in effect chose to rely mainly upon allegations during the period of suspension, and concerning the “high quality” of the Order of Investigation and Suspen­ neither the matter suspended, nor the programs it proposed to present in cer­ sion Regarding Increased Rates matter which is continued in effect as a tain categories of programing. However, result of such suspension, may be the Commission has long held that a on Beans, Lentils, and Peas detailed comparison of individual pro­ There has been filed with the Federal changed until this proceeding has been Maritime Commission by Sea-Land Serv­ disposed of or until the period of sus­ grams is inappropriate in comparing pension has expired, unless otherwise or­ applicants since the Commission’s ice, Inc., Tariff No. 8-A, FMC-F No. 13 setting forth new increased rates and dered by the Commission; judgment should not be substituted for It is further ordered, That copies of management’s operating judgment. See charges, and/or new rules, regulations, and practices affecting such rates, and this order shall be filed with the said tariff schedules in the Bureau of Domes­ 10 In this connection, the Policy Statement, charges, on “Beans, Lentils, and Peas, in supra, states that “ [d]ecisional significance bags” to become effective May 16, 1967. tic Regulation of the Federal Maritime will be accorded only the material and sub­ Upon consideration of the said sched­ Commission; stantial differences between applicants’ pro­ ule, there is reason to believe that the It is further ordered, That the Sea- posed program plans.” Land Service, Inc. be named as respond­ 11 Most of the applicants used the Nov. ent in this proceeding; 1962, version of Form 301. 18 Cf. Florida Gulfcoast Broadcasters, Inc., It is further ordered, That this pro­ u For example, Great River alleges that 32 FCC 197, 23 RR 1 (1962), wherein the ceeding be assigned for public hearing its surveys revealed a need for talk and dis­ Commission stated that it is “reluctant” cussion programs, but no showing is made to characterize one applicant’s programs before an examiner of the Commission’s of whether or to what extent the other ap­ as better than another’s. Office of Hearing Examiners. plicants will offer talk or discussion pro­ “ Review Board Member Nelson not par­ It is further ordered, That (I) a copy grams. ticipating. of this order shall forthwith be served

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7355 upon the respondent herein ; (II) the said respondent be duly notified of the the city of Unadilla, Ga., and the area time and place of the hearing; and (in ) FEDERAL POWER COMMISSION adjacent thereto including Pinehurst, this order be published in the F ederal [Docket No. CP67-312] Ga., all as more fully set forth in the Regîister and notice of said hearing be application which is on file with the CITY OF ALBANY, MO., AND MICH­ Commission and open to public inspec­ served upon the respondent. tion. All persons (including individuals, cor­ IGAN’ WISCONSIN PIPE LINE porations, associations, firms, partner­ CO. Applicant proposes that Respondent construct and operate approximately 10 ships, and public bodies) having an Notice of Application interest in this proceeding and desiring to miles of 3 M> -inch pipeline from Vienna, intervene therein, should notify the Sec­ May 9, 1967. Ga., to Unadilla, Ga., terminating at a retary of the Commission promptly and Take notice that on April 26,1967, the town border station approximately 7,200 file petitions for leave to intervene in ac­ city of Albany, Mo. 64402 (Applicant), feet generally south of the business dis­ cordance with Rule 5(1) (46 CFR 502.72) filed in Docket No. CP67-312 an applica­ trict of Applicant. The line would also with a copy to the respondent. 7(a) of the Nat­ pass beside Pinehurst, Ga., and Appli­ tion pursuant to section cant proposes that Respondent also fur­ By the Commission. ural Gas Act for an order of the Commis­ sion directing Michigan Wisconsin Pipe nish a delivery point for service to this [seal] F rancis C. Hurney, Line Co. (Respondent) to establish phys­ community. Applicant plans to serve Special Assistant to the Secretary. ical connection of its transmission facili­ customers along the transmission line [Fil. Doc. 67-5455; Filed, May 16, 1967; ties with the facilities proposed to be from short taps and to construct and 8:45 am .] constructed by Applcant and to sell and operate municipal distribution systems in deliver to Applicant volumes of natural Unadilla and Pinehurst, all in the State gas for resale and distribution in the un­ of Georgia. Applicant states that this is OCEANIC SPECIAL SHIPPFNG CO., an initial connection with Respondent. LTD., ET AL. incorporated community of the city of Albany, Mo., all as more fully set forth Applicant estimates the third year Security for Protection of Public; in the application which is^on file with peak day and peak annual requirements Application for Certificate the Commission and open to public at 579 Mcf of natural gas and 55,723 Mcf inspection. of natural gas, respectively. Notice is hereby given that pursuant Applicant estimates the total cost of to the provisions of section 3, Public Law Applicant proposes to construct and» its proposed construction at approxi­ 89—777 (80 Stat. 1357, 1358) and Federal operate a municipal gas distribution sys­ tem within its borders and also proposes mately $175,000, said cost to be financed Maritime Commission General Order 20 through the issuance and sale of gas (46 CFR Part 540) the following persons to serve rural customers along the trans­ mission lateral pipeline extending from revenue bonds. Applicant estimates the have applied to the Federal Maritime total cost of the construction proposed Commission for a Certificate of Financial Respondent’s main transmission line ap­ proximately 10 miles in a generally for Respondent at approximately Responsibility for Indemnification of $ 120,000. southerly direction to Applicant’s pro­ Passengers for Nonperformance of Protests or petitions to intervene may Transportation : posed town border station. Applicant pro­ poses to have Respondent build, pursuant be filed with the Federal Power Commis­ Oceanic Special Shipping Co., Ltd. sion, Washington, D.C. 20426, in accord­ The- Indo China Steam Navigation Co., Ltd to its “10-cent formula,” 4 of the 10 miles of 4-inch transmission lateral required ance with the rules of practice and pro­ (Dominion Far East Line). cedure (18 CFR 1.8 or 1.10) on or before Canadian National Railway Co. (Canadian and Applicant proposes to build the re­ June 2,1967. National Railways). maining 6 miles. Applicant states that Gordon M. G rant, Dated: May 12,1967. this is an initial connection with Re­ spondent. Acting Secretary. F rancis C. H urney, Applicant estimates the total cost of [F.R. Doc. 67-5461; Filed, May 16, 1967* Special Assistant to the Secretary. the proposed facilities at approximately 8:45 a.m.] [P.R. Doc. 67-5498; Filed, May 16, 1967; $500,000, said cost to be financed by the 8:48 am.] issuance of gas revenue bonds. [Docket No. CP67-314] Protests or petitions to intervene may DOMINION NAVIGATION CO., LTD be filed with the Federal Power Commis­ EL PASO NATURAL GAS CO. ET AL. sion, Washington, D.C. 20426, in accord­ ance with the rules of practice-and pro­ Notice of Application Security for Protection of Public; cedure (18 CFR 1,8 or 1.10) on or before May 9, 1967. Issuance of Certificate (Performance) June 2,1967. Take notice that on April 27, 1967, El Notice is hereby given that pursuant to G ordon M. Grant, Paso Natural Gas Co. (Applicant), Post- Acting Secretary. «q r7?£°yÌsions of section 3, Public Law Office Box 1492, El Paso, Tex. 79999, filed 8^-777 (80 Stat. 1357, 1358) and Federal [E.R. Doc. 67—5460; Filed, May 16, 1967- an application in Docket No. CP67-314 Commission General Order 20 8:45 a.m.] pursuant to section 7(c) of the Natural 540) that a Certificate of Gas Act for a certificate of public con­ financial Responsibility for Indemnifica- [Docket No. CP67-313] venience and necessity authorizing the non of Passengers for Nonperformance construction and operation of certain CITY OF UNADILLA, GA., AND SOUTH natural gas facilities and the sale and de­ follwSn?0rtati°n **** been 188116(1 to the GEORGIA NATURAL GAS CO. livery of natural gas for resale, all as more fully set forth in the application DRF~42' S l0v«-Naylgatl0n Effective date: ° May ° *Ltd- 8,1967. Certificate No. Notice of Application which is on file with the Commission and Cruises, SA. and Unitours, Inc open to public inspection. May 9,1967. p 4 f e™-; 5pir°tlkl ihies), Certificate No. Specifically, Applicant seeks authori­ « Effective date: May 9,1967. Take notice that on April 26, 1967 the zation to construct and operate the fol­ No P - J r S 1 i? ip5inB °°- Ltd- Certificate city of Unadilla, Ga. 31091 (Applicant), lowing facilities: ’ Effective date: May 11,1967. filed in Docket No. CP67-313 an appli­ (1) Approximately 15 miles of branch * * Michigan Steamship Co. (Clip- cation pursuant to section 7(a) of the pipeline loop facilities on its existing Sil­ Natural Gas Act for an order of the ver City-Hurley and Silver City pipelines & X ' i S è ? “ te Ho' p-*5’ Commission directing South Georgia Dated: May 12,1967. Natural Gas Co. (Respondent) to estab­ (2) Approximately 7.7 miles of 6% lish physical connection of its transmis­ inch O.D. branch pipeline extending from , . F rancis C. H urney, the Silver City pipeline to the Tyrone P cial Assistant to the Secretary. sion facilities with the facilities proposed plant of the Phelps Dodge Corp. to be constructed by Applicant and to (Phelps), in Grant County, N. Mex., Doc. 67-5499; Filed, May 16, 1967* sell and deliver to Applicant volumes of 8:48 a m .] (3) Approximately 3 miles of 4 ^ .inch natural gas for resale and distribution in O.D. pipeline extending from the line

FEDERAL REGISTER, V O L 32, NO. 95— WEDNESDAY, MAY 17, 1967 7356 NOTICES described in (2) above to the new subdi­ cation for rehearing and reconsidera­ metering facilities. Applicants also state tion on Articles 32 and 33 of the Com­ that the ability to exchange natural gas vision proposed for the employees of the would protect the customers on both Phelps Plant, and mission’s license order issued March 26, (4) Two measuring and regulating1967, in this proceeding. In its applica­ systems due to the ability to cover any stations to serve the Tyrone Plant and tion the company requests that a pre- emergency that may arise. the new subdivision. hearing conference and a hearing be Applicants estimate that the total cost Applicant also proposes to modify the held. of the necessary modifications would be existing pressure regulating station lo­ The Commission finds: It is appro­ approximately $8,870, said cost to be cated at the interconnection between its priate and in the public interest to grant financed from funds on hand. California mainline system and the Sil­ rehearing on the aforesaid order as Protests or petitions to intervene may ver City-Hurley pipeline. hereinafter provided and to hold a pre- be filed with the Federal Power Commis­ Applicant also seeks authorization to hearing conference and hearing, respect­ sion, Washington, D.C. 20426, in accord­ sell and deliver volumes of natural gas ing the matters involved and issues ance with the rules of practice and pro­ to Phelps for use in mining, smelting, presented. cedure (18 CFR 1.8 or 1.10) and the metallurgical, and related operations at The Commission orders: regulations under the Natural Gas Act its Tyrone Plant, located in Grant (A) Rehearing on Articles 32 and 33 (§ 157.10) on or before June 2, 1967. County, N. Mex. and to Western Gas of the aforesaid order issued March 20, Take further notice that, pursuant to Service Co. (Western) for resale and dis­ 1967, is granted for the purpose of fur­ the authority contained in and subject tribution in a new subdivision situated ther consideration. to the jurisdiction conferred upon the on the outskirts of Silver City, N. Mex., (B) A prehearing conference shall be Federal Power Commission by sections 7 which will provide housing for the em­ held on June 27, 1967, at 10 a.m., e.d.s.t., and 15 of the Natural Gas Act and the ployees of the Tyrone Plant. in a hearing room of the Federal Power Commission’s rules of practice and pro­ Applicant estimates the maximum Commission, 441 G Street NW., Wash­ cedure, a hearing will be held without daily and maximum annual natural gas ington, D.C. before the Presiding further notice before the Commission on requirements, during the third full year, this application if no protest or petition of Phelps at 7,586 Mcf and 2,189,932 Examiner. to intervene is filed within the time re­ Mcf, respectively, and of Western at 369 (C) Pursuant to the authority con­ quired herein, if the Commission on its Mcf and 49,919 Mcf, respectively. tained in and subject to the jurisdiction own review of the matter finds that a Applicant estimates the total cost of conferred upon the Federal Power Com­ grant of the centificate is required by the proposed construction at approxi­ mission by the Federal Power Act, par­ the public convenience and necessity. If mately $671,055, said cost to be financed ticularly sections 4(e), 10(a), 10(g), 308, a protest or petition for leave to inter­ through the use of working funds sup­ and 313(a) thereof, and pursuant to the vene is timely filed, or if the Commission plemented as necessary with short-term Commission’s rules of practice and pro­ on its own motion believes that a formal bank loans. cedure, a public hearing shall be held hearing is required, further notice of such Protests or petitions to intervene may in the above-entitled matter in a hear­ hearing will be duly given. be filed with the Federal Power Commis­ ing room of the Federal Power Commis­ Under the procedure herein provided sion, Washington, D.C. 20426, in accord­ sion, 441G Street NW., Washington, D.C., for, unless otherwise advised, it will be ance with the rules of practice and pro­ before the Presiding Examiner respect­ unnecessary for Applicant to appear or cedure (18 CFR 1.8 or 1.10) and the reg­ ing the matters involved and issues pre­ be represented at the hearing. ulations under the Natural Gas Act sented. The time for the hearing will be fixed by the Presiding Examiner follow­ Gordon M. Grant, (§ 157.10) on or before June 2, 1967. Acting Secretary. Take further notice that, pursuant to ing the prehearing conference. the authority contained in and subject to By the Commission. [F.R. Doc. 67-5464; Filed, May 16, 1967; the jurisdiction conferred upon the Fed­ 8:45 a.m ] [seal] G ordon M. G rant, eral Power Commission by sections 7 and Acting Secretary. 15 of the Natural Gas Act and the Com­ mission’s rules of practice and procedure, [F.R. Doc. 67-5463; Filed, May 16, 1967; a hearing will be held without further 8:45 a.m.] SECURITIES AND EXCHANGE notice before the Commission on this ap­ plication if no protest or petition to in­ COMMISSION [Docket No. CP67—315] tervene is filed within the time required NORTHERN INSTRUMENT CORP. herein, if the Commission on its own re­ UNITED GAS PIPE LINE CO. AND view of the matter finds that a grant of NATURAL GAS PIPELINE COM­ Order Suspending Trading the certificate is required by the public May 11,1967. convenience and necessity. If a protest PANY OF AMERICA or petition for leave to intervene Is timely Notice of Application It appearing to the Securities and Ex­ filed, or if the Commission on its own change Commission that the summary motion believes that a formal hearing May 9, 1957. suspension of trading in the common is required, further notice of such hearing Take notice that on April 27, 1967, stock of Northern Instrument Corp., will be duly’given. United Gas Pipe Line Co. (United), Post Babylon, N.Y., and all other securities of Under the procedure herein provided Office Box 1407, Shreveport, La. 71102, Northern Instrument Corp. being traded for, unless otherwise advised, it will be and Natural Gas Pipeline Company of otherwise than on a national securities unnecessary for Applicant to appear or America (Natural), 122 South Michigan exchange is required in the public inter­ be represented at the hearing. Avenue, Chicago, 111. 60603 (Applicants), est and for the protection of investors: G ordon M. Grant, filed in Docket No. CP67-315 a joint ap­ It is ordered, Pursuant to section 15 Acting Secretary. plication pursuant to section 7 (c) of the (c) (5) of the Securities Exchange Act oi Natural Gas Act for a certificate of pub­ 1934, that trading in such securities [F.R. Doc. 67-5462; Filed, May 16, 1967; otherwise than on a national secunties 8:45 a.m.] lic convenience and necessity authoriz­ ing the exchange of natural gas, all as exchange is summarily suspended, this [Project No. 2456] more fully set forth in the application order to be effective for the period May which is on file with the Commission and 12,1967, through May 21,1967, both dates PUBLIC SERVICE COMPANY OF open to public inspection. NEW HAMPSHIRE Specifically, Applicants seek authoriza­ inclusive. Order Granting Rehearing and Pro­ tion to convert an existing point of in­ By the Commission. terconnection in Polk County, Tex., [seal] Orval L. DuBois, viding for Prehearing Conference from solely a sales point to both a sales Secretary. May 9, 1967. point and an exchange point. Applicants state that the only changes required [F.R. Doc. 67-5485; Filed, May 16, 1967; On April 17, 1967, Public Service Com­ 8:47 ajn.] pany of New Hampshire filed an appli- would be a modification of the existing

17, 1967 FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY NOTICES 7357 STEEL CREST HOMES, INC. ment Act, as amended, with respect to The Commission, therefore, is releasing certain dairy products (32 F.R. 6011), Order Suspending Trading only the introductory material to the and from other sources. In view of the report and the Commission’s statement May 11, 1967. fact that the Committee has asked that of its judgment of the probable economic It appearing to the Securities and Ex­ the report be made at the earliest practi­ effect of termination of the increase in change Commission that the summary cable date, interested parties are urged to the rates of duty. suspension of trading in the common submit promptly any written statements Copies of the public report are avail­ stock of Steel Crest Homes, Inc., King of they wish the Commission to consider. able upon request as long as the limited Prussia, Pa., and all other securities of Issued May 11,1967. supply lasts. Requests should be ad­ Steel Crest Homes, Inc., being traded dressed to the Secretary, U.S. Tariff otherwise than on a national securities By order of the Commission. Commission, Eighth and E Streets NW., exchange is required in the public inter­ [seal] D onn N. B ent, Washington, D.C. 20436. est and for the protection of investors: Secretary. By direction of the Commission. It is ordered, Pursuant to section 15 [F.R. Doc. 67-5470; Filed, May 16, 1967; (c) (5) of the Securities Exchange Act of 8:46 a.m.] [seal] D onn N. B ent, 1934, that trading in such securities Secretary. otherwise than on a national securities [F.R. Doc. 67-5471; Filed, May 16, 1967; exchange be summarily suspended, this COTTON TYPEWRITER-RIBBON 8:46 a.m.] order to be effective for the period May CLOTH 12, 1967, through May 21, 1967, both dates inclusive. Report to the President By the Commission. May 11, 1967. INTERSTATE COMMERCE [seal] O rval L. D uBo is, The Tariff Commission reported to the Secretary. President today that restoration of the COMMISSION concession rates of duty on cotton type­ [F.R. Doc. 67-5486; Filed, May 16, 1967; writer-ribbon cloth is not likely to jeop­ FOURTH SECTION APPLICATIONS 8:47 am.] ardize the economic position of the do­ FOR RELIEF mestic industry. Europe, especially the M ay 12, 1967. United Kingdom and the Netherlands, Protests to the granting of an appli­ TARIFF COMMISSION was the source of most U.S. imports in cation must be prepared in accordance 1959 before the duty was increased, but [332-53] with Rule 1.40 of the general rules of has now become a minor supplier. practice (49 CFR 1.40) and filed within DAIRY PRODUCTS Changed conditions in the United States 15 days from the date of publication of and abroad make it unlikely that imports this notice in the F ederal R egister. Notice of Investigation from Europe will return to their former proportions if the trade-agreement rates L ong- and-S hort H aul In response to a resolution adopted are restored. U.S. imports of cotton type­ FSA No. 41024—Joint motor-rail May 10,1967 by the Committee on Ways writer-ribbon cloth in 1966 were only and Means, House of Representatives, rates—Eastern Central. Filed by The one-third as large as in 1959, and came Eastern Central Motor Carriers Associ­ the U.S. Tariff Commission has insti­ predominantly from Japan. The supply tuted an investigation of the conditions ation, Inc., agent (No. 448), for inter­ of cotton typewriter-ribbon cloth to the ested carriers. Rates on property moving of competition in the United States be­ United States from that country is re­ tween dairy products produced in the on class and commodity rates over joint stricted pursuant to a bilateral agree­ routes of applicant rail and motor car­ United States and in foreign countries. ment negotiated under the Long-Term The full text of the resolution is as fol­ riers, between points in Middle Atlantic lows: - Arrangement Regarding International or New England territories, on the ohe Trade in Cotton Textiles. The Long- hand, and points in middlewest territory, Resolved, That the U.S. Tariff Commission Term Arrangement, which was scheduled on the other. is hereby directed, pursuant to section 332 to terminate September 30,1967, is being (g) of the Tariff Act of 1930, to make an in­ Grounds for relief—Motortruck com­ vestigation of the conditions of competition extended until October 1, 1970. Under petition. in the United ‘States between dairy products its provisions, the supply ffom other (with particular attention to nonquota countries as well as Japan can be re­ Tariff—Supplement 20 to The Eastern products) produced in the United States and stricted if necessary to prevent market Central Motor Carriers Association, Inc., in foreign countries, and report the results disruption in the United States. agent, tariff MF-ICC A-268. of such investigation to the Committee on The Commission’s advice was included FSA No. 41025—Joint motor-rail Ways and Means at the earliest practicable date. in its report of an investigation sub­ rates—Eastern Central. Filed by The mitted to thé President to assist him in Eastern Central Motor Carriers Associa­ The report of the Commission shall in determining whether to allow termina­ tion, Inc., agent (No. 449), for inter­ elude factual information on domestic pro­ duction, foreign production; imparts, con­ tion of the increase in rates of duty on ested carriers. Rates on property moving sumption, channels and methods of distri­ cotton typewriter-ribbon cloth imposed on class and commodity rates over joint bution, prices (including pricing practices) in 1960 under the escape-clause proce­ routes of applicant rail and motor car­ U.S. exports, U.S. customs treatment since dure of the Trade Agreements Extension iadO, and on other factors of competition Act of 1951. riers, between points in Middle Atlantic . e *ePort shall also include information in­ The Commission’s investigation was or New England territories, on the one dicating whether dairy products are being conducted finder the provisions of sec­ hand, and points in Central States, mid­ imported into the United States under cir- tion 351(d) (3) of the Trade Expansion cumstances and in quantities interfering dlewest, or southwestern territories, on with, or threatening to interfere with, price Act of 1962. That act provides that in­ the other. support programs of the Department of Agri- creases in import restrictions imposed under the 1951 act shall terminate auto­ Grounds for relief—Motortruck com­ eulture for milk and butterfat. petition. agreed to by Committee on Ways matically on October 11, 1967, unless d Means in Executive Session May 10, 1967. further extended by the President fol­ Tariff—Supplement 20 to The Eastern lowing petition by the domestic Indus­ Central Motor Carriers Association, Inc., C,ommission does not contemplate try and investigation and advice by the agent, tariff MF-ICC A-268. iî° !S g hearings in connection with this Tariff Commission under section 351(d) m iïtïëaÎL°n* 111 its report to the Com- By the Commission. the Commission will include relevant date obtained in the course of Most of the material reported to the [seal] H. N eil G arson, President may not be made public since sS w T oo* ir r ig a t io n (22-26) under Secretary. ection 22 of the Agricultural Adjust- it includes information that would re­ [F-R- Doc. 67-5500; Filed, May 16, 1967; veal the operations of individual firms. 8:48 am.]

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7358 NOTICES [Notice 446] Davenport, Iowa-Rock Island, and Mo­ Portland, Oreg., over U.S. Highway 26 I line, 111., commercial zone over Inter­ to junction Oregon Highway 6 near 3 MOTOR CARRIER ALTERNATE state Highway 80 to junction Interstate Mountaindale, Oreg., thence over Oregon ; ROUTE DEVIATION NOTICES Highway 74, thence over Interstate High­ Highway 6 to junction Oregon Highway 8 near Glenwood, Oreg., and return over -j May 12,1967. way 74 to Galesburg, HI.), and (3) from junction Illinois Highway 84 and Inter­ the same route, for operating con- i The following letter-notices of pro­ state Highway 80 over Interstate High­ venience only. The notice indicates that • posals to operate over deviation routes way 80 to junction Interstate Highway the carrier is presently authorized to for operating convenience only have been 74, thence over Interstate Highway 74 to transport the same commodities, over a filed with the Interstate Commerce Com­ Galesburg, HI., and return over the same pertinent service route a,s follows: From mission, under the Commission’s Devia­ routes, for operating convenience only. Portland, Oreg., over Oregon Highway 8 tion Rides Revised, 1957 (49 CFR 211.1 The notice indicates thairthe carrier is via Beaverton, Hillsboro, and Forest (c) (8)) and notice thereof to all inter­ presently authorized to transport the Grove, Oreg., to junction Oregon High­ ested persons is hereby given as provided same commodities, over pertinent serv­ way 6 near Glenwood, Oreg., thence over in such rules (49 CFR 211.1(d) (4)). ice routes as follows: (1) From Moline, Oregon Highway 6 to Tillamook, Oreg., ; Protests against the use of Any pro­ 111., over U.S. Highway 150 to Peoria, HI., and return over the same route. posed deviation route herein described (2) points in the Davenport, Iowa-Rock Motor Carriers of P assengers may be filed with the Interstate Com­ Island, and Moline, 111., commercial zone merce Commission in the manner and' over U.S. Highway 150 to Peoria, 111., No. MC 1515 (Deviation No. 379), form provided in such rules (49 CFR and (3) from junction U.S. Highway 30 GREYHOUND LINES, INC. (Eastern 211.1(e)) at any time, but will not operr and Hlinois Highway 84 (formerly Hlinois Division), 1400 West Third Street, Cleve­ ate to stay commencement of the pro­ Highway 80) over Hlinois Highway 84 to land, Ohio 44113, filed April 28, 1967. posed operations unless filed within 30 Moline, 111., thence across the Mississippi Carrier proposes to operate as a common days from the date of publication. River to Davenport, Iowa, and return carrier, by motor vehicle, of passengers Successively filed letter-notices of the and their baggage, and express and | over the same routes. newspapers in the same vehicle with same carrier under the Commission’s No. MC 65580 (Deviation No. 5), Deviation Rules Revised, 1957, will be passengers, over deviation routes as fol­ MUSHROOM TRANSPORTATION lows: (1) From junction Interstate numbered consecutively, for convenience COMPANY, INC., H Street and Hunting in identification and protests if any Park Avenue, Philadephia, Pa. 19124, Highway 95 and U.S. Highway 1, north­ should refer to such letter-notices by west of Danvers, Mass., over Interstate filed May 2, 1967. Carrier’s representa­ Highway 95 to Portsmouth, N.H. (the number. tive: Joseph F. Cassidy, same address as segment of Interstate Highway 95 be­ Motor Carriers of P roperty applicant. Carrier proposes to operate as tween the Massachusetts-New Hamp­ a common carrier, by motor vehicle, of shire State line near Smithtown, N.H., No. MC 3560 (DeviationNo. 14),GEN- general commodities, with certain excep­ ERAL EXPRESSWAYS, INC., 1205 and Portsmouth, N.H., is also known as tions, over a deviation route as follows: the New Hampshire Turnpike), with the South Platte River Drive, Denver, Colo. From Lancaster, Pa., over U.S. Highway 80223, filed May 1, 1967. Carrier proposes 222 to junction Interstate Highway 176, following access routes: (a) From New- to operate as a common carrier, by motor buryport, Mass., over Massachusetts thence over Interstate Highway 176 to Highway 113 to junction Interstate vehicle, of general commodities, with junction Pennsylvania Highway 61, certain exceptions, over a deviation Highway 95, and (b) from Hampton, thence over Pennsylvania Highway 61 to N.H., over New Hampshire Highway route as follows: Between Boston, Mass., junction Pennsylvania 895, thence over and Albany, N.Y., over Interstate High­ 101C to junction Interstate Highway 95, Pennsylvania Highway 895 to junction and (2) from South Portland, Maine way 90, for operating convenience only. Pennsylvania Highway 443, thence over The notice indicates that the carrier is (Exit 7) over the Maine Turnpike to Pennsylvania Highway 443 to junction Augusta, Maine, with the following presently authorized to transport the U.S. Highway 309, thence over U.S. High­ same commodities, over pertinent serv­ way 309 to junction Interstate Highway access routes (a) from Gray, Maine, over ice routes as follows: From Boston, Mass., U.S. Highway 202 to junction with the 81, thence over Interstate Highway 81 to Maine Turnpike, (b) from Auburn, over U.S. Highway 20 to Springfield, Binghamton, N.Y., thence over U.S. Mass., thence over U.S. Highway 5 to Highway 11 to Marathon, N.Y., thence Maine, over U.S. Highway 202 to junc­ Hartford, Conn., thence over unnum­ tion with the Maine Turnpike. over Interstate Highway 81 to Syracuse, (c) From Lewiston, Maine, over Maine bered highway to junction U.S. Highway N.Y., and return over the same route, 5. thence over U.S. Highway 5 to New Highway 196 to junction with the Maine for operating convenience only. The Turnpike, and (d) from Gardiner, Maine, Haven, Conn., (2) from Springfield, notice indicates that the carrier is pres­ Mass., over U.S. Highway 20 to West- over Maine Highway 9 to junction with ently authorized to transport the same the Maine Turnpike, and return over the field, Mass., thence over Massachusetts commodities, over a pertinent service Highway 10 to the Massachusetts-Con- same routes, for operating convenience route as follows: From Lancaster, Pa., only. The notice indicates that the car­ necticut State line, thence over Connec­ over U.S. Highway 230 to Harrisburg, Pa., ticut Highway 10 to New Haven, Conn., rier is presently authorized to transport thence over U.S. Highway 11 to North­ passengers and the same property, over and (3) from Westfield, Mass., over umberland, Pa., thence over U.S. High­ U.S. Highway 20 to Albany, NY., and a pertinent service route as follows: From way 15 to Painted Post, N.Y., thence over Boston, Mass., over U.S. Highway 1 via return over the same routes. New York Highway 17 to junction New No. MC 43421 (Deviation No. 14), Newburyport, Mass, (also via bypass York Highway 13, thence over New York route around Newburyport) to the Mas­ DOHRN TRANSFER COMPANY, Post Highway 13 to junction New York High­ sachusetts-New* Hampshire State line, Office Box 1237, Rock Island, 111. 61202, way 281, thence over New York High­ thence over U.S. Highway 1 via Snutn- filed May 3, 1967. Carrier’s representa­ way 281 to Tully, N.Y., thence over U.S. town, N.Y., and Portland and Belfast, tive: Edward G. Bazelon, 39 South La Highway 11 to Syracuse, N.Y., and return Salle Street, Chicago, 111. 60603. Carrier Maine, to Stockton Springs, Maine, over the same route. thence over Alternate U.S. Highway 1 proposes to operate as a common carrier, No. MC 78786 (Deviation No. 7), via Bangor and Brewer, Maine, to Elis- by motor vehicles, of general commodi­ PACIFIC MOTOR TRUCKING COM­ worth, Maine, thence over U.S. Highway ties, with certain exceptions, over devia­ PANY, 65 Market Street, San Francisco, 1 to the United States-Canada boundary tion routes as follows: (1) From Gales­ Calif. 94105, filed May 3, 1967. Carrier’s line (also from junction U.S. Highway 1 burg, 111., over Interstate Highway 74 to representative: W. A. Gregory, same and Alternate U.S. Highway 1, approxi­ Peoria, 111., (2) from points in the Daven­ address as applicant. Carrier proposes to mately 1.6 miles south of Portsmouth, port, Iowa-Rock Island,-and Moline, 111. operate as a common carrier, by motor N.H., over Alternate U.S. Highway L commercial zone over Interstate High­ vehicle, of general commodities, with known as the Portsmouth Cutoff, to junc­ way 280 (also known as Interstate High­ tion Maine Turnpike, thence over tn way 74) to junction Interstate Highway certain exceptions, over a deviation route as follows: From junction U.S. Maine Turnpike to junction U.S. -High­ 74, thence over Interstate Highway 74 to way 1; also from Portland, Maine, over Galesburg, 111. (also from points in the Highway 26 and Oregon Highway 8, in

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7359 Maine Highway 100 via Lewiston, Au­ Ripley, N.Y., and near the Pennsylvania- [Notice 1062] gusta, and Fairfield, Maine, to Newport, New York State line, over Shortman Maine, thence over U.S. Highway 2 to Road to the New York State Thruway, MOTOR CARRIER APPLICATIONS AND Bangor, Maine; and also from Brewer (3) from Westfield, N.Y., over New York CERTAIN OTHER PROCEEDINGS over Maine Highway 9 to junction U.S. Highway 17 to Interchange No. 60 (West- May 12, 1967. Highway 1, thence over U.S. Highway 1 field Interchange) of the New York to Calais, Maine), and return over the State Thruway, (4) from Fredonia, N.Y., The following publications are gov­ same route. east over U.S. Highway 20 to junction erned by Special Rule 1.247 of the Com­ No. MC 1515 (Deviation No. 380) (Can­ Bennett Road, thence over Bennett Road mission’s rules of practice, published in cels Deviation No. 261), GREYHOUND the F ederal R egister issue of April 20, to Interchange No. 59 of the New York 1966, which became effective May 20. LINES, INC. (Western Division), Mar­ State Thruway (Fredonia-Dunkirk In­ 1966. ket and Fremont Streets, San Francisco, terchange), (5) from Dunkirk, N.Y., over Calif. 94106, filed May 2, 1967. Carrier’s Bennett Road to Interchange No. 59 of The publications hereinafter set forth representative: W. T. Meinhold, 371 Mar­ the New York State Thruway (Fredonia- reflect the scope of the applications as ket Street, San Francisco, Calif. 94105. Dunkirk Interchange), (6) from junc­ filed by applicant, and may include de­ Applicant proposes to operate as a tion U.S. Highway 20, New York High­ scriptions, restrictions, or limitations common carrier, by motor vehicle, of way 5 and Access Highway to Inter­ which are not in a form acceptable to passengers and their baggage, and ex­ change No. 58, east of Silver Creek, N.Y., the Commission. Authority which ulti­ press and newspapers in the same ve­ near Irving, N.Y., over Access Highway mately may be granted as a result of the hicle with passengers, over deviation to Interchange No. 58 of the New York applications here noticed will not neces­ routes as follows: (1) From junction State Thruway (Silver Creek Inter­ sarily reflect the phraseology set forth in unnumbered highway and Interstate change) . the application as filed, but also will Highway 80N ( E m ig r a n t Springs (7) From junction U.S. Highway 20 eliminate any restrictions which are not J u n c t io n , Oreg.), over Interstate “and New York Highway 75, near Athol acceptable to the Commission. Highway 80N to junction unnumbered Springs, N.Y., over New York Highway Applications Assigned for Oral H earing highway (Meacham Junction), and (2) 75 to Access Road to Interchange No. 57 from junction unnumbered highway and of the New York State Thruway, (8) MOTOR CARRIERS OF PROPERTY Interstate Highway 80N (South Baker from junction New York Highway 5 and No. MC 14743 (Sub-No. 24) (Republica­ Junction, Oreg.), over Interstate High­ New York Highway 179, near Blasdell, tion), filed August 3, 1964, published way 80N to junction unnumbered high­ N.Y., over New York Highway 179 to F ederal, R egister issue of August 19, way (South Durkee Junction, Oreg.), and junction with South Park Avenue, thence 1964, and republished this issue. Appli­ return over the same routes, for operat­ over South Park Avenue to Mile Strip cant: E. L. POWELL & SONS TRUCK­ ing convenience only. The notice indi­ Road, thence over Mile Strip Road to ING CO., INC., Post Office Box 356, cates that the carrier is presently au­ Thruway Access Road, thence over Ac­ Tulsa, Okla. Applicant’s representative: thorized to transport passengers and the cess Road to Interchange No. 56 of the Benton Coopwood, 904 Lavaca Street, same property, over a pertinent service New York State Thruway, and (9) from Austin, Tex. 78701. A supplemental de­ route as follows: From Portland, Oreg., Buffalo, N.Y., over Interstate Highway cision and order of the Commission, over Interstate Highway 80N to Cascade 190 to Interchange No. 53 of the New Division 1, dated April 18, 1967, and Locks, thence over U.S. Highway 30 to York State Thruway, and return over served May 8, 1967, as modified, finds Hood River, thence over Interstate High­ the same routes, for operating conven­ operation by applicant, in interstate or way 80N to The Dalles, thence over U.S. ience only. The notice indicates that the foreign commerce, as a common carrier Highway 30 to junction unnumbered carrier is presently authorized to trans­ by motor vehicle, over irregular routes, highway north of Emigrant Springs port passengers and the same property, of (1) earth drilling machinery and (Emigrant Springs Junction), thence over pertinent service routes as follows: equipment, and (2) machinery, equip­ over unnumbered highway via Emigrant (1) From Rochester, N.Y., ever New York ment, materials, supplies, and pipe in­ Springs and Meacham to junction U.S. Highway 33 to Batavia, N.Y., thence cidental to, used in, or in connection Highway 30 (Meacham Junction), thence over New York Highway 5 via Buffalo to with (a) the transportation, installation, over U.S. Highway 30 to junction un­ Athol Springs, N.Y., thence over New removal, operation, repair, servicing, numbered highway south of Baker York Highway 75 to junction U.S. High­ maintenance, and dismantling of drilling (South Baker Junction), thence over way 20, thence over U.S. Highway 20 to machinery and equipment, (b) the com­ unnumbered highway via Pleasant Val­ junction New York Highway 5 (Irving), pletion of holes or wells drilled, (c) the ley to junction U.S. Highway 30 (South thence over U.S. Highway 20 and New production, storage, and transmission of Durkee Junction), thence over U.S. York Highway 5 to Silver Creek, N.Y. commodities resulting from drilling Highway 30 to junction U.S. Highway (also from Dunkirk over New York High­ operations at well or hole sites, and (d) 30N (Weiser Wye), thence over U.S. way 60 to Fredonia; also from Silver Highway. 30N to the Oregon-Idaho State the injection or removal of commodities Creek, over U.S. Highway 20 to Fre­ into or from holes or wells, (1) between line (connects with Idaho Route 7), and donia), thence over U.S. Highway 20 return over the same route. points in Kansas, New Mexico, Okla­ via Harborcreek, Pa., to Erie, Pa., (2) homa, and Texas; (2) between points No. MC 1515 (Deviation No. 381) from junction U.S. Highway 20 and’New In Oklahoma and Kansas, on the one (Cancels Deviation No. 6), GREY­ York Highway 75, over New York High­ hand, and, on the other, points in HOUND LINES, INC. (Eastern Division) way 75 to the New York State Thruway Arkansas and Louisiana; (3) between li??oWest Third street> Cleveland, Ohio (at Interchange No. 57), (3) from Avon, points in Tulsa County, Okla., on the one 44113, filed May 2, 1967. Carrier proposes N.Y., over U.S. Highway 20 to junction hand, and, on the other, points in to operate as a common carrier, by motor New York Highway 75, (4) from Suffem, Mississippi, Colorado, and Wyoming. vehicle, of passengers and their baggage, and express and newspapers in the same N.Y. (Interchange No. 15) over the New (4) Between points in Oklahoma, on vehicle with passengers, over deviation York State Thruway to Buffalo, N.Y. (In­ the one hand, and, on the other, points routes as follows: (1) From the Western terchange No. 50), and (5) from Buffalo, in that part of Montana, on and east of i ernunus of the Erie Section of the New N.Y., over Access Streets to Interchange a line beginning at the Montana-Wyo­ ming State line near Alzada, Mont., and xork State Thruway at the New York-’ No. 50, and return over the same routes. Pennsylvania State line near Ripley, extending along UB. Highway 212 to By the Commission. Miles City, Mont., thence along Mon­ VnTt o w Erie Section of the New tana Highway 22 to Jordan, Mont., J ? * ^ruw ay to Interchange No. [seal] h . Neil G arson, Rnfr* the New York State Thruway near Secretary. thence northwesterly in a straight line S S S * ?-Y., (2) from junction U.S. to Malta, Mont., and thence along Mon­ Highway 20 and Shortman Road west of [F.R. Doc. 67—5501; Filed, May 16, 1967; tana Highway 19 to the United States- 8:48 a.m.] Canadian boundary line, points in that

No. 95—Pt. I-----5 FEDERAI REGISTER, V O L 32, NO. 95— WEDNESDAY, MAY 17, 1967 7360 NOTICES Post Office Box 354, Harvey, La. Appli­ part of North Dakota, on and west of Highway 14 (formerly U.S. Highway 14), thence along Alternate U.S. Highway 14 cant’s representative: Austin L. Hatchell, a line beginning at the United States- Suite 1102, Perry Brooks Building, Aus­ Canadian boundary line, and extending to junction U.S. Highway 85 (formerly U.S. Highway 14), thence along US. tin, Tex. A Supplemental Decision and along North Dakota Highway 30 to Ash­ Order of the Commission, Division 1, ley, N. Dak., and thence along North Highway 85 to junction U.S. Highway 14, and thence along U.S. Highway 14 to the dated April 18, 1967, and served May 8, Dakota Highway 3 to the North Dakota- 1967, as modified, finds operations by South Dakota State line, and points in. South Dakota-Wyoming State line; (11) between points in Oklahoma, on and applicant, in interstate or foreign com­ South Dakota west of the Missouri River merce, as a common carrier by motor and on and north of a line beginning at east of U.S. Highway 81, points in Texas, on and east of U.S. Highway 281, and on vehicle, over irregular routes, of (1) the Missouri River in Pierre, S. Dak., and earth drilling machinery and equipment, extending along U.S. Highway 14 to and north of U.S. Highway 90, and points •in Kansas, on and east of U.S. Highway and (2) machinery, equipment, materi­ Philip, S. Dak., thence along South Da­ als, supplies, and pipe incidental to, used kota Highway 73 (formerly U.S. High­ 81, and on and south of U.S. Highway 54, on the one hand, and, on the other, in, or in connection with (a) the trans­ way 14) to Philip Junction, S. Dak., portation, installation, removal, opera­ thence along U.S. Highway 16 (formerly points in Wyoming and Colorado. Restriction: Service under the au­ tion, repair, servicing, maintenance, and U.S. Highway 14) to junction U.S. High­ dismantling of drilling machinery and way 14, thence along U.S. Highway 14 to thority specified above is subject to the equipment, (b) the completion of holes junction Alternate U.S. Highway 14 following conditions: All traffic must move through points in Oklahoma, on or wells drilled, (c) the production, (formerly U.S. Highway 14); thence storage, and transmission of commodities along Alternate U.S. Highway 14 to junc­ and east of U.S. Highway 81, as a gate­ way. Said authority specified above may resulting from drilling operations at well tion U.S. Highway 85 (formerly U.S. or hole sites, and (d) the injection or Highway 14), thence along U.S. Highway not be tacked or combined with any other 'authority granted to provide a through removal of commodities into or from 85 to junction U.S. Highway 14, and holes or wells, (1) between Harvey, La., thence along U.S. Highway 14 to the service between points other than those named herein, (12) between points in and points in the following Louisiana South D a k o t a - Wyoming State line; (5) parishes: Washington, Tangipahoa, St. between points in New Mexico, Okla­ Oklahoma, on the one hand, and, on the other, ports of entry on the United Tammany, St. Bernard, Plaquemine, homa, and Texas. Jefferson, Lafourche, St. Charles, Terre (6) Between points in Oklahoma, onStates-Canada international boundary line in Montana and North Dakota be­ Bonne, St. James, St. John The Baptist, the one hand, and, on the other, points tween Sweetgrass, Mont., and Pembina, Assumption, St. Mary, St. Martin, Iberia, in Louisiana and Wyoming, and points N. Dak., including Sweetgrass and Pem­ part of St. Martin, Iberville, Ascension, in that part of North Dakota on and bina; and (13) between Kansas City, Livingston, Pointe Coupee, West Felici­ west of a line beginning at the United Kans., and points in Holt, Nodaway, Gen­ ana, East Feliciana, West Baton Rouge, States-Canadian boundary line, and ex­ try, Harrison, Clay, Grundy, Linn, East Baton Rouge, and St. Helena, on tending along North Dakota Highway 30 Livingston, Daviess, De Kalb, Andrew, the one hand, and, on the other, points through St. John, York, and Medina, Buchanan, Clinton, Caldwell, Carroll, in Mississippi, and N. Dak., to Ashley, N. Dak., and thence Chariton, Howard, Saline, Lafayette, (2) Between points in that part of along North Dakota Highway 3 to the Jackson, Cass, Johnson, Pettis, Cooper, Louisiana south of and including the North Dakota-South Dakota State line; Morgan, Benton, Hickory, St. Clair, following parishes: Vernon, Rapides, (7) between points in Kansas, New Cedar, Vernon, Platte, Ray, Bates, and Avoyelles, Pointe Coupee, West Feliciana, Mexico, Oklahoma, and Texas; (8) be­ Henry Counties, Mo., and points in East Feliciana, St. Helena, Tangipahoa, tween points in Oklahoma and Kansas, Nemaha, Brown, Doniphan, Linn, Atchi­ and Washington, on the one hand, and, on the one hand, and, on the other, son, Jackson, Pottawatamie, Jefferson, on the other, points in Alabama, Georgia, points in Arkansas and Louisiana; (9) Leavenworth, Osage, Wabauinsee, Shaw­ and Florida; that applicant is fit,willing between points in Oklahoma, on the one nee, Douglas, Johnson, Lyon, Coffey, and able properly to perform such serv­ hand, and, on the other, points in Mis­ Anderson, Franklin, Miami, Allen, and ice and to conform to the requirements of sissippi, Colorado, and Wyoming; (10) Bourbon Counties, Kans., on the one the Interstate Commerce Act and the between points in Oklahoma, on the one hand, and on the other, points in Utah 'Commission’s rules : and regulations hand, and, on the other, points in that and Arizona; restricted against tacking thereunder. Because it is possible that part of Montana on and east of a line any authority granted herein with any other parties, who have relived upon the beginning at the Montana-Wyoming other authority held for the purpose of notice of the application as published, State line near Alzada, Mont., and ex­ conducting through operations; that ap­ may have an interest in and would be tending along UB. Highway 212 through plicant is fit, willing, and able properly prejudiced by the lack of proper notice Alzada, and Broadus, Mont., to Miles to perform such service and to conform of the authority described in the findings City, Mont., thence along Montana High­ to the requirements of the Interstate in this order, a notice of the authority way 22 through Hillside, Mont., to Jor­ Commerce Act and the Commission’s actually granted will be published in the dan, Mont., thence northwesterly in a rules and regulations thereunder. F ederal R egister and issuance of a cer­ straight line to Malta, Mont., and thence Because it is possible that other tificate in this proceeding will be with­ along Montana Highway 19 to the United parties, who have relied upon the notice held for a period of 30 days from the date States-Canadian boundary line, points of the application as published, may have of such publication, during which period in that part of North Dakota on and an interest in and would be prejudiced any proper party in interest may file an west of a line beginning at the United by the lack of proper notice of the au­ appropriate petition for leave to inter­ States-Canadian boundary line, and ex­ thority described in the findings in this vene in this proceeding setting forth in tending along North Dakota Highway 30 order, a notice of the authority actually detail the precise manner in which it has through St. John, York, and Medina, granted will be published in the F ederal been so prejudiced. N. Dak., to Ashley, N. Dak., and thence R egister and issuance of a certificate in No. MC 86913 (Sub-No. 20) (Republi­ along North Dakota Highway 3 to the this proceeding will be withheld for a cation) , filed December 2,1966, published North Dakota-South Dakota State line, period of 30 days from the date of such F ederal R egister issue of December and points in South Dakota west of the publication, during which period any 1966, and republished this issue. Appli­ Missouri River, and north of a line be­ proper party in interest may file an ap­ cant: EASTERN MOTOR LINES, INC., ginning at the Missouri RiVer in Pierre, propriate petition for leave to intervene Post-Office Box 649, Warrenton, N.c. S. Dak., and extending along U.S. High­ in this proceeding setting forth in detail 27589. Applicant’s representative: Ed­ way 14 to Philip, S. Dak., thence along the precise manner in which it has been ward G. Villalon, 1735 K Street NW-. South Dakota Highway 73 (formerly so prejudiced. Washington, D.C. 20006. By application U.S. Highway 14) to Philip Junction, No. MC 54847 (Sub-No. 7) (Republica­ filed December 2, 1966, applicant seexs S. Dak., thence along U.S. Highway 16 tion) , filed May 8, 1964, published F ed­ a certificate of public convenience ana (formerly U.S. Highway 14) to junction eral R egister issue of May 27, 1964, and necessity authorizing operation, in in ei republished, this issue. Applicant: IN­ state or foreign commerce, as a comm U.S. Highway 14, thence along U.S. carrier by motor vehicle, over irregui Highway 14 to junction Alternate U.S. TRACOASTAL TRUCK LINE, INC.,

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7361 routes, of lumber (except plywood and Penobscot, and Waldo Counties, Maine!, other parties who have relied upon the veneer), (1) from points in Maine (ex­ New Hampshire, Vermont, Massachu­ notice of the application as published, cept points in Aroostook, Piscataquis, setts, Connecticut, and those points in may have an interest in and would Penobscot, and Waldo Counties, Maine), that part of New York lying north and be prejudiced by the lack of proper no­ New Hampshire, Vermont, Massachu­ east of a line beginning at the United tice of the authority described in the find­ setts, Connecticut, and those points in States-Canadian boundary line at or ings in this order, a notice of the that part of New York lying north and near Alexandria Bay, N.Y., extending authority actually granted will be pub­ east of a line beginning at the New York- along New York Highway 26 to junction lished in the F ederal R egister and is­ Massachusetts State line and extending U.S. Highway 20, thence along U.S. suance of a certificate in this proceeding along U.S. Highway 20 to junction New Highway 20 to the New York-Massachu­ will be withheld for a period of 30 days York Highway 26, thence along New York setts State line; that applicant is fit, will­ from the date of such publication, dur­ Highway 26 to the United States-Cana- ing, and able properly to perform such ing which period any proper party in dian boundary line at or near Alexandria service and to conform to the require­ interest may file an appropriate petition Bay, NY., to points in Illinois, Indiana, ments of the Interstate Commerce Act for leave to intervene in this proceeding Ohio (except Cleveland, Ohio), points in and the Commission’s rules and regula­ setting forth in detail the precise manner Michigan south of a line beginning at tions thereunder. Because it is possible in which it has been so prejudiced. Saginaw Bay at or near Bay City, Mich., that other parties, who have relied upon No. MC 93439 (Sub-No. 7) (Republica­ and extending along U.S. Highway 10 the notice of the application as published, tion), filed June 1, 1964, published to Ludington, Mich., and points in Penn­ may have an interest in and would be F ederal R egister issue of June 17, 1964, sylvania on and west of U.S. Highway prejudiced by the lack of proper notice and republished this issue. Applicant: 15 (except Erie, Pa.), and (2) from of the authority described in the find­ McCLATCHY BROS., INC., Box 4126, points in Pennsylvania, Ohio, Illinois, ings in this order, a notice of the author­ Midland, Tex. 79701. Applicant’s repre­ Indiana, and points in Michigan south ity actually granted will be published sentative: Austin L. Hatchell, Suite 1102, of a line beginning at Saginaw Bay at in the F ederal R egister and issuance of Perry-Brooks Building, Austin, Tex. A or near Bay City, Mich., and extending a certificate in this proceeding will be supplemental decision and order of the along U.S. Highway 10 to Ludington, withheld for a period of 30 days from Commission, Division 1, dated April 18, Mich., to points in Maine (except points the date of such publication, during 1967, and served May 8, 1967, as modi­ in Aroostook, Piscataquis, Penobscot, and which period any proper party in inter­ fied, finds operation by applicant, in Waldo Counties, Maine), New Hamp­ est may file an appropriate petition for interstate or foreign commerce, as a com­ shire, Vermont, Massachusetts, Con­ leave to intervene in this proceeding mon carrier by motor vehicle, over ir­ necticut, and points in that part of New setting forth in detail the precise man­ regular routes, of (1) earth drilling York lying west and north of a line be­ ner in which it has been so prejudiced. machinery and equipment, and (2) ginning at the United States-Canadian No. MC 93318 (Sub-No. 13) (Re­ machinery, equipment, materials, sup­ boundary at or near Alexandria Bay, publication), filed June 2, 1964, pub­ plies, and pipe incidental to, used in, or N.Y., extending along New York High­ lished F ederal R egister issue of June 17, in connection with (a) the transporta­ way 26 to junction U.S. Highway 20, 1964, and republished this issue. Appli­ tion, installation, removal, operation, thence along U.S. Highway 20 to the New cant: JOE D. HUGHES, INC., 4100 Clin­ repair, servicing maintenance, and dis­ York-Massachusetts State line. An order ton Drive, Post Office Box 2143, Hous­ mantling of drilling machinery and of the Commission, Operating Rights ton, Tex. 77001. Applicant’s representa­ equipment, (b) the completion of holes Board No. 1, dated April 28, 1967, and tive: Jerry Prestridge, Post Office Box or wells drilled, (c) the production, served May 5, 1967, as amended, finds 1148, Austin, Tex. A supplemental de­ storage, and transmission of commodities that the present and future public con­ cision and order of the Commission, Di­ resulting from drilling operations at well venience and necessity require operation vision 1, dated April 18, 1967, and served or hole sites, and (d) the injection or by applicant, in interstate or foreign May 8,1967, as modified, finds operations removal of commodities into or from commerce, as a common carrier by motor by applicant, in interstate or foreign holes or wells, (1) between points in vehicle, over irregular routes, of lumber commerce, as a common carrier by mo­ Texas, and points in Lea County, N. (except plywood and veneer). tor vehicle, over irregular routes, of (1) Mex., (2) between points in Oklahoma (1) Prom points in Maine (except earth drilling machinery and equipment, and Kansas, (3) between points in Aroostook, Piscataquis, Penobscot, and and (2) machinery, equipment, mate­ Oklahoma, on the one hand, and, on the Waldo Counties, Maine), New Hamp­ rials, supplies, and pipe incidental other, points in Texas, (4) between points shire, Vermont, Massachusetts, Connect­ to, used in, or in connection with (a) in Yoakum, Terry, Borden, Dawson, icut, and points in that part of New the transportation, installation, removal, Gaines, Howard, Martin, Andrews, Ster­ York lying north and east of a line be­ operation, repair, servicing, mainte­ ling, Glasscock, Midland, Ector, Wink­ ginning at the New York-Massachusetts nance, and dismantling of drilling ma­ ler, Loving, Culberson, Irion, Reagan, State line and extending along U.S. chinery and equipment, (b) the comple­ Upton, Crane, Ward, Reeves, Jeff Highway 20 to junction New York High­ tion of holes or wells drilled (c) the pro­ Davis, Presidio, Brewster, Pecos, Terrell, way 26, thence along New York Highway duction, storage, and transmission of and Crockett Counties, Tex., and Lea 26 to the United States-Canadian commodities resulting from drilling op­ and Eddy Counties, N. Mex., (5) between boundary line at or near Alexandria Bay, erations at well or hole sites, and (d) the points in New Mexico, served by rail, on N.Y., to points in Illinois, Indiana, Ohio injection or removal of commodities into the one hand, and, on the other, drilling (except Cleveland, Ohio), those points locations at points in New Mexico. in that part of Michigan south of a line or from holes or wells, (1) between points in Kansas, Louisiana, New Mexico, Okla­ (6) Between points served by railroad, beginning at the United States-Canadian homa, and Texas. boundary line at or near Port Huron, located at points in Lea/Eddy, Quay, Mich., extending north along U.S. High­ (2) Between points in Texas, Louisi­ Chaves, Roosevelt, and Curry Counties, way 25 to junction U.S. Highway 10, ana, and Mississippi, on the one hand, N. Mex., on the one hand, and, on the thence along U.S. Highway 10 to Luding­ and, on the other, points in Georgia, Ala­ other, drilling locations at points in ton, Mich., and points in Pennsylvania bama, and Florida, (3) between points in Bailey, Lamb, Hale, Floyd, Cochran, on and west of U.S. Highway 15 (except Georgia, Alabama, and Florida, (4) be­ Hockley, Lubbock, Crosby, Yoakum, Erie, Pa.) and (2) from points in Penn­ tween points in Texas, on the one hand, Terry, Lynn,- Garza, Scurry, Borden, sylvania, Ohio, Illinois, Indiana, and and, on the other, points in Colorado, Dawson, Gaines, Andrews, Martin, How­ those points in that part of Michigan Wyoming, Utah, and Montana, and (5) ard, Mitchell, Sterling, Glasscock, Mid­ south of a line beginning at the United between points in Texas, Louisiana, and land, Ector, Winkler, Loving, Ward, otates-Canadian boundary line at or Mississippi; that applicant is fit, willing, Pecos, Crane, Upton, Crockett, Reagan, near Port Huron, Mich., extending north and able properly to perform such serv­ and Irion Counties, Tex., (7) between along U.S. Highway 25 to junction U.S. ice and to conform to the requirements drilling locations at points in Lea, Eddy, Highway 10, thence along U.S. Highway of the Interstate Commerce Act and the Quay, Chaves, Roosevelt, and Curry Counties, N. Mex., on the one hand, and, o to Ludington, Mich., to points in Commission’s rules and regulations ame (except 'Aroostook, Piscataquis, on the other, points in Bailey, Lamb, thereunder. Because it is possible that Hale, Floyd, Cochran, Hockley, Lubbock,

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7362 NOTICES Crosby, Yoakum, Terry, Lynn, Garza, Taylor, Callahan, Eastland, Brown, Cole­ Donley, Parmer, Castro, Swisher, Briscoe, Scurry, Borden, Dawson, Gaines, An­ man, Runnels, Coke, Sterling, Glasscock, Hall, Bailey, Lamb, Hale, Floyd, Motley, Midland, Ector, Winkler, Ward, Crane, Cottle, King, Dickens, Crosby, Lubbock, ; drews, Martin, Howard, Mitchell, Ster­ Hockley, Cochran, Stonewall, Kent, ; ling, Glasscock, Midland, Ector, Wink­ Upton, Reagan, Irion, Tom Green, Con­ cho, McCulloch, Mason, Menard, Schlei­ Garza, Lynn, Terry, Yoakum,!: Haskell, ler, Loving, Ward, Pecos, Crane, Upton, Jones, Fisher, Scurry, Borden, Dawson, Crockett, Reagan, and Irion Counties, cher, Crockett, Pecos, Terrell, Val Verde, Sutton, Kimble, Edwards, Brewster, Cul­ Gaines, Taylor, Nolan, Mitchell, Howard, Tex., served by railroad, and (8) between Martin, Andrews, Runnels, Coke, Ster­ drilling locations at points in Lea, Eddy, berson, Hudspeth, Jeff Davis, Loving, Quay, Chaves, Roosevelt, and Curry Presidio, and Reeves Counties, Tex., on ling, Glasscock, Midland, Ector, Winkler, Counties, N. Mex., on the one-hand, and, the one hand, and, on the other, points L o v in g , Culberson, Hudspeth, Tom in New Mexico; that applicant is fit, will­ Green, Irion, Reagan, Upton, Crane, on the other, drilling locations at points Ward, Reeves, Schleicher, Crockett, Ter­ in Bailey, Lamb, Hale, Floyd, Cochran, ing, and able properly to perform such Hockley, Lubbock, Crosby, Yoakum, service and to conform to the require­ rell, Pecos, Jeff Davis, Brewster, and Pre­ Terry, Lynn, Garza, Scurry, Borden, ments of the Interstate Commerce Act sidio Counties, Tex., that applicant is fit, Dawson, Gaines, Andrews, Martin, How­ and the Commission’s rules and regula­ willing, and able properly to perform ard, Mitchell, Sterling, Glasscock, Mid­ tions thereunder. Because it is possible such service and to conform to the re­ land, Ector, Winkler, Loving, Ward, that other parties, who have relied upon quirements of the Interstate Commerce Pecos, Crane, Upton, Crockett, Reagan, the notice of the application as pub­ Act and the Commission’s rules and reg­ and Irion Counties, Tex; that applicant lished, may have an interest in and ulations thereunder. Because it is possible is fit, willing, and able properly to per­ would be prejudiced by the lack of proper that other parties, who have relied upon form such service and to conform to the notice of the authority described in the the notice of the application as published, requirements of the Interstate Com­ findings in this order, a notice of the au- • may have an interest in and would be thority actually granted will be published prejudiced by the lack of proper notice of merce Act and the Commission’s rules the authority described in the findings in and regulations thereunder. Because it in the F ederal R egister and issuance of a is possible that other parties, who have certificate in this proceeding will be with­ this order, a notice of the authority ac­ relied upon the notice of the application held for a period of 30 days from the date tually granted will be published in the as published, may have an interest in of such publication, during which period F ederal R egister and issuance of a cer­ and would be prejudiced by the lack of any proper party in interest may file an tificate in this proceeding will be with­ proper notice of the authority described appropriate petition for leave to inter­ held for a period of 30 days from the date in the findings in this order, a notice of vene in this proceeding setting forth in of such publication, during which period detail the precise manner in which it has any proper party in interest may file an the authority actually granted will be appropriate petition for leave to inter­ published in the F ederal R egister and been so prejudiced. vene in this proceeding setting forth in issuance of a certificate in this proceed­ No. MC 111992 (Sub-No. 3) (Republi­ ing will be withheld for a period of 30 detail the precise .manner in which it has cation) , filed June 1, 1964, published been so prejudiced. days from the date of such publication, F ederal R egister issue of June 17, 1964, during which period any proper party in and republished this issue. Applicant: No. MC 113024 (Sub-No. 60) (Repub­ interest may file an appropriate petition S & W TRUCKS, INC., Lovington High­ lication) , filed October 26, 1966, pub­ for leave to intervene in this proceeding way, Post Office Box 792, Hobbs, N. Mex. lished F ederal R egister issue of Novem­ setting forth in detail the precise man­ 88240. Applicant’s representative: Austin ber 3,- 1966, and republished this issue. ner in which it has been so prejudiced. L. Hatchell, Suite 1102, Perry-Brooks Applicant: ARLINGTON J.JWTLLIAMS, No. MC 97944 (Sub-No. 3) (Republica­ Building, Austin, Tex. A supplemental INC., Rural Delivery No. 2, South Du tion) , filed July 27, 1964, published F ed­ decision and order of the Commission, Pont Highway, Smyrna, Del. 19977. Ap­ eral R egister issue of August 12, 1964, Division 1, dated April 18, 1967, and plicant’s representative: Sam uel W. and republished this issue. Applicant: served May 8,1967, as modified, finds op­ Earnshaw, 833 Washington Building, LANE BROTHERS TRUCKING COM­ eration by applicant, in interstate or Washington, D.C. 20005. By application PANY, a corporation, Box 1827, San An­ foreign commerce, as a common carrier, filed October 26, 1966, applicant seeks a gelo, Tex. 76901. Applicant’s representa­ by motor vehicle, over irregular routes, permit authorizing operations, in inter­ tive: Jerry Prestridge, 12th Floor, Capi­ of (1) earth drilling machinery and state or foreign commerce, as a contract tal National Bank Building, Post Office equipment, and (2) machinery, equip­ carrier by motor vehicle, over irregular Box 1148, Austin, Tex. A supplemental ment, materials, supplies and pipe inci­ routes, of bathroom and washroom fix­ decision and order of the Commission, dental to, used in, or in connection with tures, sinks, and accessories and attach­ Division 1, dated April 18, 1967, and (a) the transportation, installation, re­ ments therefor, from Camden, N.J., and served May 8, 1967, as modified, finds moval, operation, repair, servicing, main­ New Castle, Pa., in split pickups from the operation by applicant, in interstate or tenance and dismantling of drilling ma­ two points, to Lawrenceville, Ga., Jack­ foreign commerce, as a common carrier chinery and equipment, (b) the comple­ sonville, Fla., Greensboro, N.C., Columbia, by motor vehicle,-over irregular routes, of tion of holes or wells drilled, (c) the Tenn., and Harrisonburg, Newport News, (1) earth drilling machinery and equip­ production, storage, and transmission, Norfolk, and Richmond, Va., under con­ ment, and (2) machinery, equipment, of commodities resulting from drilling tract with Universal-Rundle Corp. An materials, supplies, and pipe incidental operations at well or hole sites, and (d) order of the Commission, Operating to, used in, or in connection with (a) the the injection or removal of commodities Rights Board No. 1, dated April 28,1967, transportation, installation, removal, into or form holes or wells, (1) between and served May 5,1967, finds that opera­ operation, repair, servicing, mainte­ points in Eddy, Chaves and Lea Coun­ tion by applicant, in interstate or foreign nance, and dismantling of drilling ma­ ties, N. Mex„ on the one hand, and, on commerce, as a contract carrier by motor chinery and equipment, (b) the comple­ the other, points in New Mexico, on and vehicle, over irregular routes, of bath-1 tion of holes or wells drilled, (c) the east of U.S. Highway "285 and those in room and washroom fixtures, sinks, cwo production, storage, and transmission of accessories and attachments therefor, Texas, on and west of U.S. Highway 83, from Camden, N.J., and New Castle, Pa., commodities resulting from drilling op­ and on and north of a line extending erations at well or hole sites, and (d) the from the junction of U.S. Highways 83 to Lawrenceville, Ga., Jacksonville, Fla-> I injection or removal of commodities into Greensboro, N.C., Columbia, Tenn., and and 290, along U.S. Highway 290, to junc­ Harrisonburg, Newport News, Norfolk, or from holes or wells, between Midland, tion U.S. Highway 80, thence along U.S. Tex., and points in Parmer, Castro, and Richmond, Va., under a continuing! Highway 80 to the Texas-New Mexico contract with Universal-Rundle Corp., oi Swisher, Briscoe, Hall, Bailey, Lamb, State line, and Hale, Floyd, Motley, Cottle, Foard, Knox, New Castle, Pa., will be consistent witn (2) Between points in Harding, San the public interest and the nationa King, Dickens, Crosby, Lubbock, Hockley, Miguel, Quay, Guadalupe, Torrence, So­ Cochran, Yoakum, Terry, Lynn, Garza, corro, De Baca, Curry, Roosevelt, Chaves, transportation policy; that applicant is Kent, Stonewall, Haskell, Throckmorton, Sierra, Dona, Lincoln, Otero, Eddy, and fit, willing, and able properly to perform Stephens, Shackelford, Jones, Fisher, Lea Counties, N. Mex., and Oldham, such service and to conform to the re­ Scurry, Borden, Dawson, Gaines, An­ quirements of the Interstate Commeice drews, Martin, Howard, Mitchell, Nolan, Potter, Armstrong, Deaf Smith, Randall,

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7363 Act and the Commission’s rules and reg­ Banner, Cheyenne, and Kimball Coun­ during which period any proper party in ulations thereunder. Because it is pos­ ties, Nebr., (9) between Sterling, Colo., interest may file an appropriate petition sible that other parties, who have relied and points within 15 miles of Sterling, on for leave to intervene in this proceeding upon the notice of the application as pub­ the one hand, and, on the other, points setting forth in detail the precise manner lished, may have an interest in and would in Banner, Cheyenne, and Kimball in which it has been so prejudiced. be prejudiced by the lack of proper notice Counties, Nebr., (10) from points in Ohio No. MC 126881 (Sub-No. 5) (Repub- of the authority described in the findings to points in Arkansas, Louisiana, New lication) filed January 18, 1967, pub­ in this order, a notice of the authority Mexico, Oklahoma, and Texas, and (11) lished F ederal R egister issue of Feb­ actually granted will be published in the from Tulsa, Okla., to points in Ohio: that ruary 2, 1967, and republished this issue. Federal R egister and issuance of a per­ applicant is fit, willing, and able properly Applicant: RICHARD B. RUDY, INC., mit in this proceeding will be withheld to perform such service and to conform 203 Linden Avenue, Frederick, Md. 21701. for a period of 30 days from the date of to the requirements of the Interstate Applicant’s representative: Eston H. Alt, such publication, during which period Commerce Act and the Commission’s Post Office Box 81, Winchester, Va. 22601. any proper party in interest may file an rules and regulations thereunder. Be­ By application filed January 18, 1967, appropriate petition for leave to inter­ cause it is possible that other parties, applicant seeks a permit authorizing vene in this proceeding setting forth in who have relied upon the notice of the operations, in interstate or foreign com­ detail the precise manner in which it has application as published, may have an merce, as a contract carrier by motor been so prejudiced. interest in and would be prejudiced by vehicle, over irregular routes, of dairy No. MC 113459 (Sub-No. 27) (Repub- the lack of proper notice of the author­ products and preparations requiring re­ lication), filed June 1, 1964, published ity described in the findings in this or­ frigeration, except in bulk, from and to Federal R egister issue of June 17, 1964, der, a notice of the authority actually the points indicated below. An order of and republished this issue. Applicant: granted will be published in the F ederal the Commission, Operating Rights Board H. J. JEFFRIES TRUCK LINE, INC., R egister and issuance of a certificate in No. 1, dated April 28, 1967, and served Post Office Box 94850, Oklahoma City, this proceeding will be withheld for a pe­ May 9, 1967, finds that operation by ap­ Okla. 73109. Applicant’s representative: riod of 30 days from the date of such plicant, in interstate or foreign com­ James W. Hightower, Wynnewood Pro­ publication, during which period any merce as a contract carrier by motor fessional Building, Dallas, Tex. A sup­ proper party in interest may file an ap­ vehicle, over irregular routes, of dairy plemental decision and order of the propriate petition for leave to intervene products and nonalcoholic drink prepa­ Commission, Division 1, dated April 18, in this proceeding setting forth in de­ rations, in vehicles equipped with me­ 1967, and served May 8,1967, as modified, tail the precise manner in which it has chanical refrigeration, except in bulk, finds operation by applicant, in inter­ been so prejudiced. from Frederick, Md., to points in Penn­ state or foreign commerce, as a common No. MC 116285 (Sub-No. 7) (Repub­ sylvania, New Jersey, and points in that carrier, by motor vehicle, over irregular lication), filed November 14, 1966, pub­ portion of the New York, N.Y. com­ routes, of (1) earth drilling machinery lished F ederal R egister issue of Jan­ mercial zone as defined in fifth supple­ and equipment, and (2) machinery, uary 12, 1967, and republished this issue. mental report in Commercial Zones and equipment, materials, supplies, and pipe Applicant: BENNETT TRUCK LINES, Terminal Areas, 53 M.C.C. 451, within incidental to, used in, or in connection INC., Post Office Box 2924,v Charleston which local operations may be conducted with (a) the transportation, installa­ Heights, S.C. 29405. Applicant’s repre­ under the partial exemption of section tion, removal, operation, repair, servic­ sentative: Joseph R. Young, Post Office 203(b)(8) of the Interstate Commerce ing, maintenance, and dismantling of Box 903, Charleston, S.C. 29402. By ap­ Act (the exempt zone), under a contin­ drilling machinery and equipment, (b) plication filed November 14, 1966 appli­ uing contract with Capitol Milk Pro­ the completion of holes or wells drilled, cant seeks a permit authorizing opera­ ducers Cooperative, Inc., of Frederick, (c) the production, storage, and trans­ tions, in interstate or foreign commerce, Md., will be consistent with the public mission of commodities resulting from as a contract carrier by motor vehicle, interest and the national transportation drilling operations at well or hole sites, over irregular routes, of glazed tile on policy; that applicant is fit, willing, and and (d) the injection or removal of com­ concrete block, stone manufactured from able properly to perform such service modities into or from holes or wells, (1) limestone material, from Charleston, and to conform to the requirements of between points in Oklahoma, (2) be­ S.C., to points in North Carolina, Ten­ the Interstate Commerce Act and the tween points in Oklahoma, on the one nessee, Virginia, Alabama, Georgia, and Commission’s r u le s and regulations hand, and, on the other, points in Illi­ Florida. An order of the Commission, thereunder. Because it is possible that nois, (3) between points in Oklahoma, Operating Rights Board No. 1, dated other parties, who have relied upon the Kansas, Texas, and Arkansas, and those April 28, 1967, and served May 9, 1967, notice of the application as published, in Lea and Eddy Counties, N. Mex., (4) finds that operation by applicant, in in­ may have an interest in and would be between points in Illinois south of U.S. terstate or foreign commerce, as a con­ prejudiced by the lack of proper notice Highway 36, those in Indiana south of a tract carrier by motor vehicle, over ir­ of the authority described in the find­ line beginning at the Indiana-Illinois regular routes, of concrete block and ings in this order, a notice of the author­ State line, and extending along U.S. glazed tile on concrete block, from ity actually granted will be published in Highway 36 to Indianapolis, thence along Charleston, S.C., to points in Virginia, the F ederal R egister and issuance of a U.S. Highway 40 to the Indiana-Ohio Tennessee, and Alabama, under a con­ permit in this proceeding will be with­ State line, and those in Bullitt, Hardin, tinuing contract with William Bird Sales held for a period of 30 days from the date Meade, Breckinridge, Hancock, Daviess, Corp. of Charleston, S.C., will be con­ of such publication, during which period Henderson, Union, Webster, McLean, sistent with the public interest and the any proper party in interest may file an Crittenden, Hopkins, Ohio, Grayson, national transportation policy; that ap­ appropriate petition for leave to inter­ Edmonson, Hart, Warren, Butler, Muhl­ plicant is fit, willing, and able properly vene in this proceeding setting forth in enberg, Logan, Todd, Christian, Trigg, to perform such service and to conform detail the precise manner in which it has Simpson, Lyon, Caldwell, and Jefferson to the requirements of the Interstate been so prejudiced. Counties, Ky., including points on the in­ Commerce Act and the Commission’s No. MC 128370 (Republication), filed dicated portions of the highways speci­ rules and regulations thereunder. Be­ fied. January 28, 1966, published F ederal cause it is possible that other parties, R egister issues of February 17, 1966, (5) Between points in Colorado, Kan­ who have relied upon the notice of the under MC 7555 (Sub-No. 55), July 21, sas, Louisiana, Oklahoma, Texas, anc application as published, may have an 1966, and republished this issue. Appli­ Wyoming, (6) between points in Okla­ interest in and would be prejudiced by cant: TEXTILE MOTOR FREIGHT, homa, on the one hand, and, on the other the lack of proper notice of the authority INC., Post Office Box 7, Ellerbe, N.C. points in Montana, Nebraska, North Da­ described in the findings in this order, Applicant’s representative: Jacob Billig, kota, South Dakota, and Utah, (7) be­ a notice of tlie authority actually granted 1825 Jefferson Place NW., Washington, tween points in Nevada, on the one hand will be published in the F ederal R egister D.C. 20036. By application filed January and, on the other, points in Wyoming and issuance of a permit in this pro­ 28, 1966, applicant seeks a permit au­ Colorado, Oklahoma, and Texas, (8) ceeding will be withheld for a period of thorizing operations, in interstate or from Fort Morgan, Colo., to points ir 30 days from the date of such publication, foreign commerce, as a contract carrier

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7364 NOTICES tail stores, the business of which is the by motor vehicle, over irregular routes, tainers, and fresh fruit sections and salads (not frozen), in containers, when sale of food, of the commodities indi­ of (1) heat processed citrus juice in cated and in the manner specified above. hermetically sealed containers, when transported at the same time and in the same vehicle with the canned citrus juice (2) Frozen fruits and frozen vegetables, moving with fresh citrus fruits in con­ from Philadelphia, Pa., to points in Del­ tainers and/or fresh fruit sections and described in (1) above, from points in Alachua, Bradford, Brevard, Broward, aware, Maryland, New Jersey, Ohio, Vir­ salads packed in glass (except frozen ginia, and the District of Columbia. By citrus products), from Plymouth, Fla., to Charlotte, Citrus, Clay, Collier, Colum­ bia, Dade, De Soto, Duval, Flagler, Gil­ the instant petition, petitioner requests points in Maine, New Hampshire, Ver­ the Commission to modify its existing mont, Massachusetts, Connecticut, christ, Glades, Hardee, Hendry, Her­ nando, Highlands, Hillsborough, Indian permit so as to authorize it to serve Rhode Island, New York, New Jersey, thereunder the U.S. Government (De­ Pennsylvania, Delaware, Maryland, Vir­ River, Lake, Lee, Levy, Manatee, Marion, Okeechobee, Orange, Osceola, Palm partment of Army) as an additional ginia, North Carolina, South Carolina, shipper. Any interested person desiring to and Youngstown, Ohio, and Washington, Beach, Pasco, Pinellas, Polk, Putnam, Saint Johns, Saint Lucie, Sarasota, participate may file an original and six D.C., restricted to movements originating copies of his written representations, at the plantsite and/or facilities of, or Seminole, Sumter, and Volusia Counties, Fla., to Washington, D.C., Youngstown, views, or argument in support of, or used by the Plymouth Citrus Products against the petition within 30 days from Cooperative at Plymouth, Fla., and (2) Ohio, and to points in Maine, New Hampshire, Vermont, Massachusetts, the date of publication in the F ederal fresh citrus fruits in containers and R egister. fresh fruit sections and salads packed Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, No. MC 123069 (Corrected Notice of in ¿ass (except frozen citrus products), Filing of Petition for Waiver of Rule from points in Alachua, Bradford, Maryland, Virginia, North Carolina, and South Carolina, subject to the restric­ 1.101(a) of the Commission’s General Brevard, Broward, Charlotte, Citrus, Rules of Practice and for Acceptance of Clay, Collier, Columbia, Dade, De Soto, tion that the authority granted in (1) or (2) above shall not be joined or com­ the Here Tendered Petition Seeking Duval, Flagler, Gilchrist, Glades, Hardee, Clarification and Modification of Certain Hendry, Hernando, Highlands, Hills­ bined directly or_-indirectly with any authority presently held by applicant, for “Grandfather” Authority I n it ia lly borough, Indian River, Lake, Lee, Levy, Granted to it in No. MC 18124) filed De­ Manatee, Marion, Okeechobee, Orange, the purpose of providing service from or to any points other than those speci­ cember 28, 1966, published F ederal Reg­ Osceola, Palm Beach, Pasco, Pinellas, ister, issue of March 29,1967, and repub­ Polk, Putnam, Saint Johns, Saint Lucie, fied above; that applicant is fit, willing, and able properly to perform such service lished as corrected this issue. Petitioner: Sarasota, Seminole, Sumter, and Volusia ALLER & SHARP, INC., Columbus, Ohio. Counties, Fla., to points in the destina­ and to conform to the requirements of the Interstate Commerce Act and the Petitioner’s representative: Thomas P. tion States enumerated in (1) above, Kilroy, Suite 913, Colorado Building, 1341 with service under (1) and (2) above Commission’s rules and regulations thereunder. Because it is possible that G Street NW., Washington, D.C. 20005. restricted to movements performed The purpose of this petition is to obtain under a continuing contract or con­ other parties, who have relied upon the notice of the application as published, clarification and modification of certain tracts with Seald-Sweet Sales, Inc., of “grandfather” authority issued initially Tampa, Fla. may have an interest in and would be prejudiced by the lack of proper notice to it as a permit in No. MC 18124, and An order entered February 13,1967, by now held by it as a certificate in No. the Commission, Operating Rights Board of the authority described in the findings in this order, a notice of the authority MC 123069. The part of the certificate No. 1, denied said application for the here pertinent reads as follows: “Trans­ reason that operation by applicant, in actually granted will be published in the F ederal R egister and issuance of a cer­ porting over irregular routes: Army sub­ interstate or foreign commerce, as a sistence, clothing, equipage, and supplies, I contract carrier by motor vehicle of the tificate in this proceeding will be with­ held for a period of 30 days from the date between points in Ohio, Kentucy, In\_ commodities and from and to the points diana, and West Virginia.” By the instant sought above, and as a common carrier of such publication, during which period any proper party in interest may file an petition, petitioner request that the Com­ to the extent authorized by certificate mission waive the requirements of Rule No. MC—7555 and related sub numbers appropriate petition for leave to inter­ vene in this proceding setting forth in 1.101(a) of its general rules o_ practice thereunder, would result in dual opera­ and accept this petition; that the Com­ tions of the nature prohibited condi­ detail the precise manner in which it has been so prejudiced. mission reopen the “grandfather” pro­ tionally by section 210 of the Interstate ceeding in No. MC 18124, and redescribe Commerce Act, but extended to appli­ Notice of F iling of P etitions the commodity description referred to cant the option of amending the instant No. MC 2135 (Notice of Filing of Pe­ above to read general commodities (ex­ application to one seeking common cept household goods, commodities in instead of contract carrier authority. tition To Reopen the Captioned Proceed­ ing for the Purpose of Modifying its bulk, and those requiring special equip­ By petition (letter) dated March 31, ment), and issue a corrected certificate 1967, applicant seeks to amend its appli­ Permit To Authorize Service for the U.S. Government as an Additional Ship­ in No. MC 123069. Any interested person cation to one seeking common rather desiring to participate, may file an origi­ than contract carrier authority. A sup­ per) , filed April 19,1967. Petitioner: D. J. McNICHOL CO., Philadelphia, Pa. Pe­ nal and six copies of his written repre­ plemental order of the Commission, sentations, views, or argument in support Operating Rights Board No. 1, dated titioner’s representative: Beverley S. Simms, 480 Mills Building, 1700 Penn­ of, or against the petition within 30 days April 28,1967, and served May 10,1967, as from the date of publication in the amended, finds that the present and sylvania Avenue NW., Washington, D.C. future public convenience and necessity 20006. Petitioner states that it is author­ F ederal R egister. ized in permit No. MC 2135 to operate No. MC 124324 (Sub-No. 6) (Notice require operation by applicant, in inter­ of Filing of Petition for Modification oi state or foreign commerce, as a common as a motor contract carrier, transporting: (1) Fruits, vegetables, agricultural com­ Existing Certificate), filed March 17, carrier by motor vehicle, over irregular 1967. Petitioner: MURPHY TRUCKING routes, of (1) canned citrus juice when modities, poultry, and sea food, in the respective seasons of their production, CO., INC., Denver, Ind. Petitioner’s rep­ transported at the same time in the same resentative: Alki E. Scopelitis (same vehicle with the commodities described from points in New Jersey, Pennsylvania, and Delaware, to points in a described address as above). Petitioner holds a cer­ in (2) below from the plantsite of or tificate in No. MC 124324 (Sub-No. 6) facilities of the Plymouth Citrus Prod­ area in New Jersey, Pennsylvania, and Delaware, with no transportation for authorizing the transportation, over ucts Cooperative at Plymouth, Fla., to irregular routes, of Dyna-floss dical, fro Washington, D.C., Youngstown, Ohio, compensation on return except as other­ wise authorized. Restriction: The trans­ Sylvania, Ohio, to points in Indiana. By and to points in Maine, New Hampshire, the instant petition, petitioner requests Vermont, Massachusetts, Connecticut, portation service specified above must be performed under special and individ­ that it’s certificate be modified to reaa. Rhode Island, New York, New Jersey, Animal feed ingredient, since dyna-ios Pennsylvania, Delaware, Maryland, Vir­ ual contracts or agreements, with persons (as defined in section 203(a) of the In­ dical is a feed ingredient. Any interestea ginia, North Carolina, and South Caro­ person desiring to participate, may lina, and (2) fresh citrus fruits, in con- terstate Commerce Act) who operate re­

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7365 an original and six copies of his written District of Columbia, between points in governed by Special Rule 1.245 of the representations, views, or argument in Florida, on the one hand, and, on the Commission’s rules of practice, published support of, or against the petition within other, points in Alabama, Mississippi, in the Federal R egister, issue of April 30 days from the date of publication in Louisiana, Ohio, Illinois, Delaware, 11, 1963, page 3533, which provides, the Federal R egister. Maryland, Vermont, Massachusetts, among other things, that protests and Applications Under Sections 5 and Rhode Island, New Hampshire, Ken­ requests for information concerning the 210a(b) tucky, West Virginia, Indiana, Michigan, time and place of State Commission and Connecticut. Vendee is authorized to hearings or other proceedings, any sub­ The following applications are gov­ operate as a common carrier in Kansas, sequent changes therein, and any other erned by the Interstate Commerce Com­ Missouri, Colorado, Nebraska, Oklahoma, related matters shall be directed to the mission’s special rules governing notice of Texas, Arkansas, Illinois, Alabama, Dela­ State Commission with which the ap­ filing of applications by motor carriers ware, Florida, Georgia, Indiana, Iowa, plication is filed and shall not be ad­ of property or passengers under sections Kentucky, Maine, Maryland, Massa­ dressed to or filed with the Interstate 5(a) and 210a(b) of the Interstate Com­ chusetts, Michigan, Minnesota, Missis­ Commerce Commission. merce Act and certain other proceedings sippi, New Mexico, New York, North with respect thereto. (49 CFR 1.240). State Docket No. A 49327, filed May 1, Dakota, Ohio, Pennsylvania, South 1967. Applicant: KINGS COUNTY Motor Carriers of P roperty Dakota, Tennessee, Texas, Virginia, and TRUCK LINES, Alpine and L Streets, Wisconsin. Application has been filed Post Office Box 1016, Tulare, Calif. Ap­ No. MC-F-9733 (Correction) (W. T. for temporary authority under section BYRNS MOTOR EXPRESS, INC.— plicant’s representative: Handler, Baker 210a(b). & Greene, 405 Montgomery, San Fran­ Purchase — DELL TRANSPORTATION No. MC-F-9747. Authority sought for CO., INC.), published in the May 3,1967, purchase by YREKA WESTERN RAIL­ cisco, Calif. 94104. Certificate of public issue of the F ederal R egister on page ROAD COMPANY, Post Office Box 660, convenience and necessity sought to 6817. The address of vendor was incor­ Yreka, Calif. 96097, of a portion of the operate a freight service as follows: rect. The correct address of p elt. operating rights and certain property Transportation of; (a) Frozen foodstuffs TRANSPORTATION CO., INC., is 386 of WALTER E. MENDENHALL AND and beverages, and (b) commodities re­ Plainfield St., “Springfield, Mass.”, in lieu WILBUR N. MENDENHALL, doing busi­ quiring refrigeration and/or temperature of Worcester, Mass. ness as MENDENHALL TRANSPORTA­ or atmospheric control all or any part of No. MC-F-9745. Authority sought for TION CO., 215 C Street, Eureka, Calif. the year, to and between the following purchase by BROWNING FREIGHT 95501, and for acquisition by WILLIS B. named points over and along the follow­ LINES, INC., 244 South Fourth West, KYLE, JR., 300 East Miner Street, Yreka, ing routes including all points located Salt Lake City, Utah 84101, of the oper­ Calif., of control of such rights and hereon, all intermediate points and ating rights of RALPH HARRIS MOV­ property through the purchase. Appli­ points within 20 miles thereof; (1) All ING & STORAGE COMPANY, 725 Sho­ cants’ attorneys: Silver, Rosen & Kerr, streets and highways between points shone Street South, Twin Falls, Idaho Attention: Martin J. Rosen, 140 Mont­ within the San F’rancisco territory as 83301, and for acquisition by GEORGE gomery Street, San Francisco, Calif. described by the California Public A. BROWNING, SR., THYRA BROWN­ 94104, and Huber & Goodwin, Attention: Utilities Commission, (2) U.S. Highway ING, G. ALLEN BROWNING, CLIFTON G. Edward Goodwin, Post Office Box 23, 40 (Interstate 80) between Oakland and M. BROWNING, all also of B< Lake Eureka, Calif. 95501. Operating rights Roseville, (3) U.S. Highway 99E between City, Utah, and LOWELL D. BROWN­ sought to be transferred: A portion under Roseville and Marysville, (4) State ING, 1027 Royal Boulevard, Boise, Idaho, a certificate of registration, in No. MC- Highway 20 between Marysville and of control of such rights through the pur­ 99752 Sub-1, covering the transporta­ Yuba City, (5) State Highways 99 and chase. Applicants’ attorney: Ben D. tion of property, as a common carrier, in 113 between Yuba City and Woodland, Browning, Post Office Box 8195, Foothill intrastate commerce within the State (6) U.S. Highway 99W (Interstate 5) between Woodland and its junction with Station, Salt Lake City, Utah 84108. of California. Note: Applicants propose Operating rights sought to be trans­ that vendor retain the right to transport UJS. Highway 40 (Interstate 80), (7) ferred: Under a certificate of registra­ general commodities in less than truck- U.S. Highway 50 between Oakland and tion, in No. MC—117609 Sub-2, covering load shipments between Areata, Eureka, Stockton, (8) State Highway 120 be­ the transportation of property, as a com­ and Fortuna, Calif., on the one hand, tween its junction with U.S. Highway 50 mon carrier, in intrastate commerce, and Rohnerville to Ruth, Calif., and in­ and Manteca, (9) State Highway 33 be­ within the State of Idaho. Vendee is au­ termediate points on the other hand. tween Tracy and its junction with State thorized to operate as a common carrier Vendee is authorized to operate as a Highway 152, (10) State Highway 132 m Utah and Idaho. Application has been common carrier in California, and un­ between Vernalis and Modesto. filed for temporary authority under sec­ der a certificate of registration within (11) State Highway 152 between Wat­ tion 210a(b). the State of California. Application has sonville and Gilroy, (12) State Highway No. MC-F-9746. Authority sought for not been filed for temporary authority 129 between Watsonville and its junction purchase by VON DER AHE VAN LINES, under section 210a(b). with U.S. Highway 101 3 miles south of INC., 600 Rudder Avenue, Fenton, Mo., By the Commission. Sargent, (13) U.S. Highway 99 and In­ oUhe operating rights of ROSS BRANT­ terstate Highway 5 between Sacramento LEY SUDDATH doing business as SUD- [seal] h . Neil Garson, and San Diego, (14) State Highway 17 DATH MOVING & STORAGE CO., 6900 Secretary. between Oakland and San Jose, (15) Interbay Boulevard, Tampa, Fla., and [F.R. Doc. 67-5502; Filed, May 16, 1967; State Highway 82 between San Fran­ W acquisition by VON DER AHE VAN 8:48 a.m.] cisco and San Jose, (16) U.S. Highway LINES, INC., OF MISSOURI, also of 101 between San Francisco and the Los renton, Mo., and in turn by RUSSELL L. Angeles territory all as described by the VON DER AHE and MAYBELLE E. VON NOTICE OF FILING OF MOTOR California Public Utilities Commission, DER AHE both of 5555 Lindell Boule- CARRIER INTRASTATE APPLICA­ (17) All streets and highways and points vard, St. Louis, Mo., of control of such TIONS and places within the Los Angeles terri­ nghts through the purchase. Applicants’ tory all as described by the California attorney and representatives: Robert J. May 12,1967. Public Utilities Commission, (18) Any Gallagher, i l l Sta^e Street, Boston, The following applications for motor direct route or routes between points Mass. 02109, and H. Eugene Johnson, 305 common carrier authority to operate in in the Los Angeles territory on the Morgan Street, .Tampa, Fla. 33602. Oper- intrastate commerce seek concurrent one hand and on the other, Brea, a mg rights sought to be transferred: motor carrier authorization in interstate LaHabra, Pomona and Santa Ana, (19)’ Household goods, as a common carrier or foreign commerce within the limits State Highway 180 between F’resno and over irregular routes, between points in of the intrastate authority sought, pur­ Sanger, (20) State Highway 152 between r lorida, Georgia, Tennessee, South Caro­ suant to section 206(a) (8 ) of the In­ Los Banos and its junction with State lina North Carolina, Virgina, Pennsyl­ terstate Commerce Act, as amended vania, New York, New Jersey, and the Highway 99, and (21) Interstate High­ October 15, 1962. These applications are way 10 between Los Angeles territory

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7366 NOTICES and Redlands. Restriction: No transpor­ Norton, Kans. 67654. Applicant’s repre­ and Minneapolis and St. Paul, Minn.; j tation is authorized of liquid dairy sentative: John E. Jandera, 641 Harrison and steel mill equipment, materials, and products and whole fresh eggs. Both in­ Street, Topeka, Kans. 66603. Authority supplies, on return; for 180 days. Sup- j trastate and interstate authority sought. sought to operate as a common carrier, porting shipper: The Youngstown Sheet HEARING: Not yet assigned for by motor vehicle, over irregular routes, & Tube Co., Youngstown, Ohio. Send pro­ hearing. transporting: General commodities (ex­ tests to: G. J. Baccei, District Supervisor, Requests for procedural information, cept those of unusual value, classes A Interstate Commerce Commission, Bu- ] including the time for filing such pro­ and B explosives, household goods as de­ reau of Operations, 435 Federal Build- j tests, concerning this application should fined by the Commission, commodities ing, Cleveland, Ohio 44114. be addressed to the California Public in bulk, commodities requiring special No. MC 59367 (Sub-No. 52 TA) , filed Utilities Commission, State Building, equipment, and those injurious or con­ May 9, 1967. Applicant: DECKER Civic Center, 455 Golden Gate Avenue, taminating to other lading), between TRUCK LINE, INC., Post Office Box 915, San Francisco, Calif. 94102, and should Goodland, Kans., and the plantsite of Highway 20 East, Fort Dodge, Iowa not be directed to the Interstate Com­ Great Western Sugar Co., approximately 50501. Applicant’s representative: Wil­ merce Commission. 5 miles west of Goodland, Kans., for 180 liam A. Landau, 1307 East Walnut Street, • days. (Proposed to tack at Goodland, Des Moines, Iowa 50306. Authority sought By the Commission. Kans.) supporting shipper: Great West­ to operate as a common carrier, by mo­ [seal] H. Neil G arson, ern Sugar Co., Post Office Box 5308, Ter­ tor vehicle, over irregular routes, trans- - Secretary. minal Annex Building, Denver, Colo. porting: Foodstuffs, from La Porte, Ind., to points in Iowa, Minnesota, Nebraska, [F.R. Doc. 67-5503; Filed, May 16, 1967; 80217. Send protests to: M. E. Taylor, 8:48 a.m.] District Supervisor, Interstate Commerce and Wisconsin, for 180 days. Supporting Commission, Bureau of Operations, 906 shipper: American Home Foods, 685 Schweiter Building, Wichita, Kans. Third Avenue, New York, N.Y. 10017. [Notice 385] 67202. Send protests to: Ellis L. Annett, District Supervisor, Bureau of Operations, inter­ MOTOR CARRIER TEMPORARY No. MC 11185 (Sub-No. 122 TA ), filed May 10, 1967. Applicant: J-T TRANS­ state Commerce Commission, 227 Fed­ AUTHORITY APPLICATIONS PORT COMPANY, INC., 3501 Man­ eral Office Building, Des Moines, Iowa Mat 12,1967. chester Trafficway, Kansas City, Mo. 50309. The following are notices of filing of 64129. Authority sought to operate as a No. MC 98869 (Sub-No. 3 TA), filed applications for temporary authority contract carrier, by motor vehicle, over May 9, 1967. Applicant: KOSCHKEE under section 210a(a) of the Interstate irregular routes, transporting: Airplane TRANSFER, INC., Route 1, Fennimore, Commerce Act provided for under the wing skins, in specially built equipment, Wis. 53809. Applicant’s representative: new rules of Ex Parte No. MC 67 (49 from Seattle, Wash., to Wichita, Kans., Mark H. McCluskey (same address as CFR Part 340) published in the F ederal for 120 days. Supporting shipper: The above). Authority sought to operate as a R egister, issue of April 27,1965, effective Boeing Co., Wichita Division, Wichita, common carrier, by motor vehicle, over July 1, 1965. These rules provide that Kans. 67210. Send protests to: John V. regular routes, transporting: General protests to the granting of an application Barry, District Supervisor, Interstate commodities (except those of unusual must be filed with the field official named Commerce Commission, Bureau of Oper­ value, classes A and B explosives, house­ in the F ederal R egister publication, ations, 1100 Federal Office Building, 911 hold goods as defined by the Commission, within 15 calendar days after the date Walnut Street, Kansas City, Mo. 64106. commodities in bulk, and those requiring of notice of the filing of the application No. MC 13651 (Sub-No. 9 TA), filed special equipment), between Dubuque, is published in the F ederal R egister. One May 10, 1967. Applicant: PEOPLES Iowa, and Madison, Wis., and Prairie du copy of such protest must be served on TRANSFER, INC., 701 North 22d Ave­ Chien, Wis., as follows: U.S. Highway 20 the applicant, or its authorized repre­ nue, Phoenix, Ariz. 85009. Applicant’s to East Dubuque, 111., thence over Illinois sentative, if any, and the protests must representative: Pete H. Dawson, 4453 Highway 35 and Wisconsin Highway 35 certify that such service has been made. East Piccadilly, Phoenix, Ariz. 85018. to junction Wisconsin Highway 11. The protest must be specific as to the Authority sought to operate as a common thence over Wisconsin Highway 11 to service which such protestant can and carrier, by motor vehicle, over irregular junction Wisconsin Highway 78, thence will offer, and must consist of a signed routes, transporting: Corrugated boxes, over Wisconsin Highway 78 to junction original and six copies. from Torrance, Calif., to points in Dona U.S. Highways 18 and 151. Junction Wis­ A copy of the application is on file, and Ana County, N. Mex., for 180 days. Sup­ consin Highways 11 and 23,* thence over can be examined at the Office of the porting shipper: Boise Cascade Corp., Wisconsin Highway 23 to junction U.S. Secretary, Interstate Commerce Com­ Highway 151. Junction Wisconsin High­ Post Office Box 7747, Boise, Idaho. Send ways 11 and 80, thence oyer Wisconsin mission, Washington, D.C., and also in protests to: Andrew V. Baylor, District the field office to which protests are to Highway 80 to junction U.S. Highway Supervisor, Interstate Commerce Com­ 151. Junction U.S. Highway 20 and Illi­ be transmitted. mission, Bureau of Operations, 3427 Fed­ nois Highway 35, thence over Illinois Motor Carriers op P roperty eral Building, Phoenix, Ariz. 85025. Highway 35 and Wisconsin Highway 35 No. MC 14552 (Sub-No. 25 TA), filed No. MC 665 (Sub-No. 69 TA), filed to junction U.S. Highways 61 and 151, May 10, 1967. Applicant: J. V. Mc- thence over U.S. Highway 151 to junc­ May 9, 1967. Applicant: RED ARROW NICHOLAS TRANSFER COMPANY, TRANSPORTATION COMPANY, INC., tion U.S. Highway 18. Junction U.S. 555 West Federal Street, Youngstown, Highway 151 and Wisconsin Highway 80, 408 South 12th Avenue, Marshalltown, Ohio 44502. Applicant’s representative: Iowa 50158. Applicant’s representative: thence over Wisconsin Highway 80 to William C. Harris (same address as J. McNicholas (same address as above). junction U.S. Highway 18. Junction Wis­ above). Authority sought to operate as Authority sought to operate as a com­ consin Highway 80 and Wisconsin Grant a common carrier, by motor vehicle, over mon carrier, by motor vehicle, over ir­ County Highway A, thence over Wiscon­ regular routes, transporting: Pipe, tub­ sin Grant County Highway A to junc­ irregular routes, transporting: Glass ing, mine roof bolts, and bar stock, containers, 1 gallon or less in capacity, tion Wisconsin Grant County Highway from Okmulgee, Okla., to points in moving in vehicles equipped with special E, thence over Wisconsin Grant Coimty Arkansas and Texas, for 180 days. Sup­ unloading devices, from the plantsites of Highway E to junction Wisconsin High­ porting shipper: Ball Brothers Co., Inc., Youngstown Sheet & Tube Co. at Youngs­ way 80. Junction U.S. Highway 151 ana Muncie, Ind. 47302. Send protests to: town and Struthers, Ohio, to points in Wisconsin Highway 81, thence over Wis­ Ellis L. Annett, District Supervisor, Bu­ Wisconsin, Iowa, Missouri, Illinois, Ken­ consin Highway 81 to junction U.S. High­ reau of Operations, Interstate Commerce tucky, Indiana, Ohio, Michigan, Vir­ way 61, thence over U.S. Highway 61 to Commission, 227 Federal Office Building, ginia, West Virginia, Maryland, Dela­ junction U.S. Highway 18. Junction U.b. Des Moines, Iowa 50309. ware, Pennsylvania, New Jersey, New Highway 61 and Wisconsin Grant County York, Connecticut, Rhode Island, Mas­ Highway E, thence over Wisconsin Gran No. MC 989 (Sub-No. 12 TA), filed May Coimty Highway E to junction Wiscon­ 9, 1967. Applicant: IDEAL TRUCK sachusetts; and the District of Colum­ LINES, INC., 912 North State Street, bia; Omaha, Nebr.; Kansas City, Kans.; sin Grant County Highway F, thence

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 NOTICES 7367 over Wisconsin Grant County Highway Co., Inc., 1835 28th Avenue South, Bir­ sin, and Ohio, for 180 days. Supporting F to junction U.S. Highway 18. mingham, Ala. 35209. Send protests to: shipper: Needham Packing Corp. of Junction U.S. Highway 61 and Wis­ B. R. McKenzie, District Supervisor, Bu­ Montana, Post Office Box 2381, Great consin Grant County Highway K, thence reau of Operations, Interstate Commerce Falls, Mont. 59401. Send protests to: over Wisconsin Grant County Highway K Commission, Room 212, 908 South 20th Paul J. Labane, District Supervisor, In­ to junction U.S. Highway 18. U.S. High­ Street, Birmingham, Ala. 35205. terstate Commerce Commission, Bureau way 61 to Lancaster, Wis. U.S. Highway No. MC 116273 (Sub-No. 91 TA) of Operations, 251 U.S. Post Office Build­ 61 to junction Wisconsin Highway 133, (Amendment), filed April 21, 1967, pub­ ing, Billings, Mont. 59101. thence over Wisconsin Highway 133 to lished F ederal R egister issue of May 2, No. MC 128745 (Sub-No. 2 TA) (Cor­ junction Wisconsin Highway 35. Junc­ 1967, and republished as amended this tion Wisconsin Highway 133 and Wiscon­ rection), filed April 28, 1967, published issue. Applicant: D & L TRANSPORT, F ederal R egister, issue of May 5, 1967, sin Highway 81, thence over Wisconsin INC., 3800 South Laramie Avenue, Cicero, and republished as corrected this issue. Highway 81 to Lancaster, Wis. Junction 111. 60650. Applicant’s representative: Applicant: MIEDZINSKI’S TRANSFER, Wisconsin Highway 81 and Wisconsin Robert G. PalUch (same address as ap­ INC., Park Avenue, Leonardtown, Md. Grant County Highway U, thence over plicant) . Authority sought to operate as 20650. Applicant’s representative: Oliver Wisconsin Grant County Highway U to a common carrier, by motor vehicle, over R. Guyther, Leondardtown, Md. 20650. junction Wisconsin Highway 35, thence irregular routes, transporting: Petroleum Authority sought to operate as a con­ over Wisconsin Highway 35 to junction oil, in bulk, in tank vehicles, from Chi­ tract carrier, by motor vehicle, over ir­ U.S. Highway 18. U.S. Highway 18 and cago, 111., to Doyline, La., for 150 days. Wisconsin Highway 35 at Prairie du regular routes, transporting: Telephone Note : The purpose of this republication equipment, material, and supplies, be­ Chein, Wis., thence over U.S. Highway is to set forth the correct destination, tween Arlington, Va., on the one hand, 18 to junction U.S. Highway 151, thence previously incorrectly designated as over U.S. Highways 18 and 151 to Madi­ and, on the other, points in Anne Arun­ Shreveport, La. Supporting shipper: del, Charles, Prince Georges, St. Mary’s son, Wis., and return. Junction U.S. E. F. Houghton & Co., 6600 South Highway 18 and Wisconsin Highway 80, and Calvert Counties, Md., for 180 days. Nashville Avenue, Chicago, 111. Send pro­ Note: The purpose of this republication thence over Wisconsin Highway 80 to tests to: Raymond E. Mauk, District Su­ Highland, Wis.; and return over the same is to correctly set forth the commodity pervisor, Interstate Commerce Commis­ and route descriptions. Supporting ship­ route, serving all intermediate points; sion, Bureau of Operations, U.S. Court­ for 180 days. Supporting shippers: per: Western Electric Co., Inc., 222 house, Federal Office Building, 219 South Broadway, New York, N.Y. 10038. Send Blackhawk Industries, 250 South Main Dearborn Street, Chicago, HI. 60604. Street; Crescent Electric Supply Co., 200 protests to: Robert D. Caldwell, Dis­ South Main Street; Dubuque Storage No. MC 123393 (Sub-No. 181 TA), filed trict Supervisor, Interstate Commerce & Transfer Co., 3000 Elm Street; May 10, 1967. Applicant: BILYEU Commission, Bureau of Operations, Kretschmer-Tredway Co., Ninth and REFRIGERATED TRANSPORT COR­ Room 1220, Washington, D.C. 20423. Washington Streets; A. Y. McDonald PORATION, 2105 East Dale Street, Post No. MC 128832 (Sub-No. 1 TA), filed Manufacturing Co., Post Office Box 508; Office Box 948, Commercial Station, May 10, 1967. Applicant: FARRIER and Dubuque Traffic Association, Post Springfield, Mo. 65803. Applicant’s rep­ TRUCKING COMPANY, INC., 1912 Office Box 546; all of Dubuque, Iowa resentative: David D. Brunson, Post Of­ Maple Avenue, Mattoon, 111. 61938. Ap­ 52001; and Mautz Paint & Varnish Co., fice Box 671, Oklahoma City, Okla. 73102. plicant’s representative: Alki E. Scope- 939 East Washington Avenue, Madison, Authority sought to operate as a common litis, Suite 511 Fidelity Building, Indian­ Wis. 53701. Send protests to: Charles W. carrier, by motor vehicle, over irregular apolis, Ind. 46204. Authority sought to Buckner, District Supervisor, Interstate routes, transporting: Meats, meat prod­ operate as a contract carrier, by motor Commerce Commission, Bureau of Oper­ ucts, meat byproducts, and articles dis­ vehicle, over irregular routes, transport­ ations, 214 North Hamilton Street, Madi­ tributed by meat packinghouses, as de­ ing: Sand, gravel, dirt, and crushed son, Wis. 53703. scribed in sections A and C of appendix stone, in dump trucks, from points in No. MC 102616 (Sub-No. 819 TA), filed I to the report in Descriptions in Motor Vigo, Putnam, and Vermillion Counties, May 10, 1967. Applicant: COASTAL Carrier Certificates, 61 M.C.C. 209 and Ind., to points in Coles, Effingham, Clark, TANK LINES, INC., 501 Grantley Road, 766, (except hides and commodities in Edgar, and Cumberland Counties, 111., York, Pa. 17403. Applicant’s representa­ bulk, in tank vehicles), from the plant- for 180 days. Supporting shipper: Stand­ tive: S. E. Smith (same address as site and storage facilities of Griffith Pro­ ard Materials Corp., Terre Haute, Ind. above). Authority sought to operate as a vision Co., Inc., at or near Downs, Kans., Send protests to: Harold Jolliff, District common carrier, by motor vehicle, over to points in Alabama, Connecticut, Del­ Supervisor, Interstate Commerce Com­ irregular routes, transporting: Dry fer­ aware, Florida, Georgia, Illinois, Indiana, mission, Bureau of Operations, Room tilizer, in bulk, in tank or hopper type Kentucky, Maine, Maryland, Massachu­ 476, 325 West Adams Street, Springfield vehicles, from the plantsite of Kerr- setts, Missouri, New Hampshire, New 111. 62704. Jersey, New York, North Carolina, Ohio, McGee Chemical Corp., at or near Balti­ By the Commission. more, Md., to the plantsite of Kerr- Pennsylvania, Rhode Island, South Caro­ McGee Chemical Corp,. at or near Mil- lina, Tennessee, Vermont, Virginia, and [seal] h . Neil Garson, nor, Pa., for 180 days. Supporting West Virginia, and the District of Colum­ Secretary. shipper: Kerr-McGee Corp., Oklahoma bia, for 180 days. Supporting shipper: [FJ&. Doc. 67-5504; Filed, May 16, 1967; City, Okla. 73102. Send protests to: Griffith, Inc., Highway 24 West, Downs, 8:49 a.m.] Robert W. Ritenour, District Supervisor, Kans. 67437. Send protests to: John V. Bureau of Operations, Interstate Com­ Barry, District Supervisor, Interstate merce Commission, 218 Central Indus­ Commerce Commission, Bureau of Op­ [Notice 1519] trial Building, 100 North Cameron Street, erations, 1100 Federal Office Building, MOTOR CARRIER TRANSFER Harrisburg, Pa. 17101. 911 Walnut Street, Kansas City, Mo. 64106. PROCEEDINGS No. MC 115162 (Sub-No. 147 TA), filed May 9, 1967. Applicant: WALTER No. MC 128473 (Sub-No. 4 TA), filed May 12, 1967. POOLE, doing business as POOLE May 9, 1967. Applicant: MONTANA EX­ Synopses of orders entered pursuant to TRUCK LINE, Post Office Box 310, Ever­ PRESS, INC., 207 Behner Building, 2822 section 212(b) of the Interstate Com­ green, Ala. 36401. Applicant’s representa­ Third Avenue North, Billings, Mont. merce Act, and rules and regulations tive: Robert E. Tate, Suite 2025 City 59101. Applicant’s representative: J. F. prescribed thereunder (49 CFR Part ,,e„d.e.ral Building, Birmingham, Ala. Meglen (same address as applicant). 279), appear below: <30203. Authority sought to operate as a Authority sought to operate as a com­ As provided in the Commission’s spe­ common carrier, by motor vehicle, over mon carrier, by motor vehicle, over ir­ cial rules of practice any interested per­ irregular routes, transporting: Citrus regular routes, transporting: Meat and son may file a petition seeking recon­ Aif k ^rom Points in Florida to points in packinghouse products, from Great Falls, sideration of the following numbered ion^ama” Mississippi, and Louisiana, for Mont., to points in Oregon, Washing­ proceedings within 20 days from the date loo days. Supporting shipper: Bill Brown ton, Iowa, Illinois, Minnesota, Wiscon­ of publication of this notice. Pursuant

No. 95—Pt. FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7368 NOTICES to section 17(8) of the Interstate Com­ No. MC-FC-69605. By order of May 10, April 21, 1967, petitioner seeks a deter­ merce Act, the filing of such a petition 1967, the Transfer Board approved the mination as to whether it is authorized will postpone the effective date of the transfer to Pruitt Moving & Storage Co., to serve Baltimore, Md., under its irreg­ order in that proceeding pending its dis­ a corporation, Findlay, Ohio, of the op­ ular-route authority described below to position. The matters relied upon by pe­ erating rights in permit No. MC-119907 transport commodities between the titioners must be specified in their pe­ (Sub-No. 2), issued April 10, 1963, to points named in Virginia, on the one titions with particularity. Earl F. Pruitt, doing business as Pruitt hand, and, on the other, points in Mary­ No. MC-FC-69466. By 6rder of May 10, Trucking Co., Findlay, Ohio, authorizing land north of Baltimore on U.S. High­ 1967, the Transfer Board approved the the transportation, over irregular routes, way 1 from Baltimore to New York. N.Y. transfer to Ralph Shoemaker, doing busi­ of photo film and photo prints, and cer­ Great Coastal Express, Inc., holds cer­ ness as Shoemaker Trucking Co., Boise, tain related materials and supplies, be­ tificate No. MC-4491, which authorizes Idaho, of the operating rights of State­ tween Findlay, Ohio, and Detroit, Mich., the transportation of general commodi­ wide Transport, Inc., Boise, Idaho, in and between Detroit, Mich., on the one ties, except classes A and B explosives, certificate No. MC-121140 (Sub-No. 3), hand, and, on the other, Adrian, Monroe, household goods as defined by the Com­ issued January 14, 1965, authorizing the Jackson, Lansing, and Mason, Mich. mission, commodities in bulk, and those transportation, over irregular routes, of Samuel W. Eamshaw, 833 Washington requiring special equipment, between construction supplies and materials, and Building, Washington, JD.C., attorney for Quantico, Va., and points in 28 named commodities which because of size or applicants. counties, in Virginia, on the one hand, weight require the use of special equip­ No. MC-FC-69608. By order of May 11, and, on the other, points in New Jersey ment, between points in Idaho. Raymond 1967, the Transfer Board approved the within 20 miles of Newark, N.J., points D. Givens, Columbia Building, 600 transfer to Willard Kominsky, Cherry in New York, N.Y., commercial zone as Washington Street, Post Office Box 964, Hill, N.J., of Broker’s License No. MC- defined by the Commission, and points 12396, issued October 29,1965, to Samuel in New York, New Jersey, Pennsylvania, Boise, Idaho 83701, attorney for appli­ Delaware, and Maryland, north of Balti­ cants. M. Niglio, Philadelphia, Pa., authorizing the holder thereof to engage in broker­ more, Md., on the following highways No. MC-FC-69596. By order of April age operations at Philadelphia, Pa., in (a) U.S. Highway 1 from Baltimore to 28, 1967, the Transfer Board approved arranging for the transportation of: New York, N.Y., (b) U.S. Highway 40 the transfer to Martin Motor Freight, General Commodities, with the usual ex­ from Baltimore to New York, N.Y., over Inc., Philadelphia, Pa., of certificates ceptions, between Philadelphia, on the designated highways, (c) U.S. Highway Nos. MC—14935 and MC-14935 (Sub-No. one hand, and, on the other, points and 322 from Chester, Pa., over named high­ 7), both issued May 12, 1961, to Martin places in Connecticut, Delaware, Florida, ways to New York, N.Y., and (d) U.S. Greenberg, doing business as Martin Georgia, Illinois, Indiana, Maryland, Highway 40 from Baltimore to New York Trucking Co., Philadelphia, Pa., author­ Massachusetts, Michigan, Missouri, New over two described routes to New York, izing the transportation of, among other Jersey, New York, North Carolina, Ohio, N.Y. commodities, beds, bedding, supplies, Rhode Island, South Carolina, Virginia, In its petition filed April 21,1967, peti­ brooms, commodities used or useful in West Virginia, and the District of Co­ tioner states that (a) Overlea, Fullerton, the manufacture of beds and brooms, lumbia. Charles H. Trayford, 137 East and Perry Hall, Md., are unincorporated pipe, used clothing, rags, cooking utensils, 36th Street, New York, N.Y. 10016, rep­ communities located on U.S. Highway 1 crockery, earthenware, and chinaware, resentative for applicants. with identifiable business centers and between Philadelphia, Pa., Newark, N.J., No. MC-FC—69612. By order of May 10, that Overlea and Perry Hall have post and New York, N.Y.; tires and tubes, 1967, the Transfer Board approved the offices of the same name; (b) that Balti­ from Philadelphia, Pa., to New York, transfer to Copper Freight Lines, Inc., more, Md., is within the terminal area N.Y~ Wilmington, Del., Baltimore, Md., Valdez, Alaska, of certificate No. MC- limits of (1) Perry Hall because a por­ and Atlantic City and Trenton, N.J.; and 118495 (Sub-No. 2), issued January 23, tion of the incorporated area of Balti­ agricultural commodities, from Philadel­ 1964, to Jack H. Wallace, doing business more is located within 4 miles of the post phia, Pa., to Atlantic City, Asbury Park, as Copper River Freight Lines, Valdez, office of Perry Hall, (2) Fullerton because Ocean City, and Wildwood, N.J. Morris Alaska, authorizing the transportation of a portion of the incorporated area of J. Winokur, 1920 Two Penn Center of general commodities, with exceptions, Baltimore is located within 4 miles of the Plaza, Philadelphia, Pa. 19102, attorney between points in Valdez, Alaska; and former post office at Fullerton, and of the for applicants. between Valdez, Alaska, on the one hand, identifiable business center of Fullerton, No. MC—FC—69599. By order of April 28, and, on the other, points in Alaska lo­ and (3) Overlea because a portion of the 1967, the Transfer Board approved the cated on (1) Alaska Highway 1 between incorporated area of Baltimore lies transfer to Jewel Haynes, doing business Anchorage and Tok; (2) Alaska High­ within 5 miles of the post office of Over­ as Leitchfield Transfer, Leitchfield, Ky., way 2 between the United States-Canada lea and of the identifiable business center of the operating rights in certificate No. boundary line and Fairbanks; (3) Alaska of Overlea; and (c) it is authorized to MC-56667 (Sub-No. 1), issued November Highway 4 between Valdez and Buffalo serve the city of Baltimore under its au­ 3, 1959, to W. O. Bolton, doing business Center; (4) Alaska Highway 5 between thority described above to serve points on as Leitchfield Transfer, Leitchfield, Ky., Tetlin Junction and Eagle; and (5) U.S. Highway 1 from Baltimore, Md., to authorizing the transportation, of: Gen­ Alaska Highway 10 between the junc­ New York, N.Y. eral commodities usual exceptions, be­ tion of Alaska Highway 4 and 10 and Petitioner requests that the Commis­ tween specified points in Kentucky and Chitina, Alaska, including the termini sion enter an order declaring that under Indiana. Robert M. Pearce, 1033 State in each instance. John M. Stern, Jr., authority described in certificate No. MC- Street, Bowling Green, Ky. 42101, attor­ Box 1672, Anchorage, Alaska 99501, at­ 4491, it is authorized to transport general ney for applicants. torney for applicants. commodities, with exceptions, between named No. MC-FC-69602. By order of May 11, Iseal] H. N eil Garson, Quantico, Va., and points in 28 1967, the Transfer Board approved the Secretary. counties in Virginia, on the one hand, transfer to J. M. Buckley & Son, Inc., and, on the other, the city of Baltimore, Courtland, Calif., of the operating rights [F.R. Doc. 67-5505; Filed, May 16, 1967; Md. in certificate No. MC-79467, issued Jan­ 8:49 a.m.] Any person or persons desiring to par­ uary 14, 1966, to Martha L. Buckley, [No. MC-4491] ticipate in this proceeding, may, within doing business as J. M. Buckley & Son, 30 days from the date of this publication Courtland, Calif., authorizing the trans­ GREAT COASTAL EXPRESS, INC. in the F ederal R egister file an appro­ portation over irregular routes, of can­ Petition for Declaratory Order priate pleading, consisting of an original ned goods, fruits, vegetables, grain, rice, and six copies each. May 12,1967. hay, and spray materials, between vari­ By the Commission. ous points in California within 75 miles Petitioner: Great Coastal Express, [seal] H. N eil Garson, of Courtland, Calif., including Court- Inc., Richmond, Va.; Petitioner’s attor­ Secretary. land, Calif. Richard G. Worden, 1007 neys: John C. Bradley and Richard R. Seventh Street, Suite 500, Sacramento, Sigmon, 618 Perpetual Building, Wash­ [FJR. Doc. 67-5506; Filed, May 16, 1967; Calif., attorney for applicants. ington, D.C. 20004. By petition filed 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 FEDERAL REGISTER 7369 CUMULATIVE LIST OF PARTS AFFECTED— MAY

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

Page Page 3 CFR 7 CFR—-Continued 9 CFR— C o n tin u e d Page Proclamation: Proposed Rules—Continued Proposed R ules: 3781 ______6757 725______:------____ 7287 101______3782 ______7167 777______------7337 102____ 3783 ______7169 907______------7088 114____ 3784 ______7203 ‘908______------7089 Executive Orders: 926______------7089 1 0 CFR 1030 ______------6692 9988 (see EO 11350)_____— 6961 1031 ______10______10001 (see EO 11350)______6961 ------i — 6692 1038 ______------6692 10008 (see EO 11350)______6961 1039 ______32------7247 10116 (see EO 11350)______6961 ------6692 1040 ______------__ 7182 10202 (see EO 11350) ______6961 1045______10292 (see EO 11350).__ 6961 ------6692 Proposed Rules: 1051______------6692 25______10363 (see EO 11350)______6961 1060______10659 (see EO 11350)______6961 ------6872 26______1063______------6692 95______10714 (see EO 11350)______6961 1090______10984 (see EO 11350)______6961 ------7133 1099______------6978 1 2 CFR 11136 (amended by EO 11349). 6759 1101___ ... ______11007(see EO 11349)______6759 —------7133 1 0 ______11188 (see EO 11350) ____ 1103______------7338 6961 1106______11349 ____ -_____ 6759 ------7090 11350 ______: ___ 1125—______------7025 6961 1126______------7090 542______Presidential Documents Other 1132______------7090 Than P roclamations and Execu­ tive Orders: 8 CFR 548 ______Reorganization Plan No. 1 of 336------—------_------7205 549 _' ___ 1967______7049 550______P roposed R ules: 551 _____ 5 CFR 100------6781 566______177------—__— — 7052 101— ------6781 Proposed Rules: 213------6901, 6965, 7011, 7172 103------6781 19______531 ...... ——------7246 204------6781, . 263 6978______550 ------_------6674 211—. ------6781, 7025 308— ___ 212------6781 7 CFR 213 ------6781 . 561______214 ------6781 7____ _ 7171 1 3 CFR 27_. 215— 2------6781 7011 221------6781 Proposed Rules : 28__ 7011 81.. 223------6781 121______6673 231------6781 330. 7011 730. 234 ------6781 1 4 CFR 6965 7054 235 ------6781 811. 7011 1------6905 876. 236 ------6781 23----- 6912 7243 238 ------6781 905. 6930 25------6912 239 ------6781 27----- 6914 909------— - ®93 0.~6966, 7211 242 ------6781 7211 29------6914 243 ------6781 39------6674, 9lî~------667476966, 7212 245------6781 7212 6675, 6914, 6968, 6969, 7051, 7124 915IIII ZI 248— ------6781 7205, 7247,7248. 7171 7213 249__— ------6781 918 " 7012 61------6905, 7249 944___ 251 ------6781 71------___ 6676, 991___ 7245 252 ------6781 7331 6837, 7014, 7124, 7125, 7250-7254 1004— 253,— ------6781 73------7014, 7015, 7125 1006___ " 7056 264— ------6781 6763 292------, ------:— 6781 75----- 7126 1012______7 ' r 6835 77----- 6970 1062—___ 299------6781 91 6967 6906 1096— 312------___— 6781 97------6915,7254 1099____ 6763 316a------6781 7067 334------6781 103------7015 1127__; 135------6908 1134 \ 6835 337------6781 1205— 6835 339------6781 151----- 6925 1421__ 7068 341------j __ 6781 153------: ------6925 1425. 7246 343------6781 171----- 733! 7123 1427- " P roposed R ules: 6967 343a------&------6781 1434— 343b------„ ------6781 1------6938, 7219, 7220 1483__ 6967 1488— 6931 349------6781 39------6845, 6983 1821- 6836 499------6781 71. 6845, 6846, 7133, 7219, 7290-7292 7171 1823___—I lI— ~ 9 CFR 73------7026, 7134 7171 91------6938, 7219, 7220 Proposed R ules: 83_____ 7012 97------6938, 7219 33__ 94_____ 52___ 7289 7051 121------6938, 7219 6848 203____ 6901 135------6938,7219 7370 FEDERAL REGISTER Page 14 CFR—Continued p g 28 CFR 41 CFR—Continued Pa&e Proposed Rules—Continued 6930 8-3------— ...... 6974 137—— ___ __ - ______- 7183 8-6------i ------— 7268 207 _ — 7090 29 CFR 8-7------7268 208______—___ - ___ - 7090 8-10------7269 26...... 7206 8-12------— ----- 7269 233______— ______6714 465______6840 241— — ______— 7343 8-52------7271 243______— - 6941 P roposed R ules: 8- 75____ s------— _ 7271 302______— ______6714 40______7025 9- 2 ...... 7175 378______6847, 7134 1604— ____ 6941 9-4------7271 1605— ___— 7092 9-7------7175 15 CFR 9-15__ — ------— ------7175 201 ______— ...... 7131, 7312 30 CFR 9-16______7278 202 ______-____ 7372 45____ — 7016 11-1—______— — ...... 6974 230____ 1...... 7131,7132 11-7...... 6976, 7208 32 CFR 11-16______7073 50-204______7022 16 CFR 51______6777 13______i ______6676, 83______7175 42 CFR 6677, 6836, 6837, 6926-6928, 7015, 103—...... 7175 7016,7206. 257______— 7019 35___ £|§g____ 6842 15______6929, 7262 577—...... 6931 P roposed R ules: 8io— ______7020 73___ — — ...... —___ — 7215 18 CFR 819______7021 840______7021 43 CFR 101______- ___ — ___ —— 6678 1457—...... 6971 22...... - ...... 6683 141______6678 1464______6972 P ublic Land Orders: 260______- 7051, 7331 1624—...... 6973 1626_...... 6973 4152 (corrected)______6780 19 CFR 1627 ______6973 P roposed R ules: 1 7262 1628 ______— _. 6973 2244______—...... 7085 13_...... ______6838 1632_i______6973 3170____ 7086 Proposed Rules : 1690______7073 13__ 7080 1810...... ____. 6932 45 CFR 24______— ____ _ 7337 4______6684 32A CFR 308______-______7333 20 CFR BDSA (Ch. V I): 801— _____ - ______6685 404 ...... —______7332 M-11A_____ - 7207 405 ______— — — 7126 M-11A, Dir. 1—_ 7208 46 CFR M-11A, Dir. 2__ 7208 247______—— 7054 290__ —___ 7174 21 CFR 33 CFR 533___ .—______- ______- 7214 2 6838 540—______7282 3 ______£__ _ 7127 82______7127 401—______6973 8 ______6685, 7173 47 CFR 19 ______7263 2...... 6933 120 ______7173 35 CFR 117— ____ 7022 15 6933 121 ______6686, 73______6779, 6780, 7023, 7334 ~ 6775, 6970, 7127, 7174, 7263-7265 36 CFR 81______— ____ 6933 141c______H ______6839 85______——______— ——_____ 6933 144______6970 7______6932,7333 91___ 6937 146c_____ i______.— 6839 311— ______6933 191______6839 P roposed R ules: P roposed R ules: 73 — —— ______7092,7344 Proposed Rules: 30______6978 87______7345 3 ______'ftii______7026 251______6978 97_____ 6942 8______6701 20 6938 38 CFR 49 CFR 27^______— 7342 7127 42____ 6844 2— _— ...... — 103______- ...... 7128 3— ______6840 6780 120 ______6702 6841 195______121 _ 6844 17______287______6843 131______.«______7026 290 ______— . 7128 39 CFR 291 ...... 7128 7129 25 CFR 531 _____ -— 6973 293______812______7265 2 9 4 „ ...... 7129 Proposed Rules: 822— — — — . 7265 295 ______7130 7130 161. ______— 7287 P roposed R ules 296 ______132_— ____ 6701 P roposed R ules 26 CFR 103- —— 7134,7185 1_...... ,___...... ___: 6679, 6682, 6971 A] CFR P roposed R ules:. 2-60. 6974 50 CFR 1______"______6691, 7080, 7337 7267 32 7054 8—1_. 33———————————6685^7024, 7131 301______7080 8- 2_ 7267 CO CO OO OO rfi. No.95—pt. n ___ 1 REGISTER FEDERAL OUE 32 VOLUME Wednesday, May 17,1967 May Wednesday, Test Fee Schedules Fee Test National Bureau of Standards of Bureau National Department of Commerce Commerce of Department Metrology Metrology UBR 95 NUMBER Washington, D.C. Washington, ART II T R PA 7372 RULES AND REGULATIONS

M ass and Volum e respectively “included” in, or (for plane sur­ faces) “excluded” from, the measurements. Title 15— COMMERCE AND 202.630 General. 202.631 Reference standards of mass. This is covered in items j and k. 202.632 Reference standard volumetric ap­ Only one Vitrolite working standard is FOREIGN TRADE paratus. needed for the measurement of spectral di­ Chapter II— National Bureau of Stand­ 202.633 Density determinations of liquids rectional reflectance on the General Electric ards, Department of Commerce and solids. recording spectrophotometer. T his cali­ Authority : The provisions of this Part 202 SUBCHAPTER A— TEST FEE SCHEDULES brated Vitrolite standard and the samples to issued under sec. 9, 3 Stat. 1450, as amended, be tested are in turn placed at the sample PART 202— METROLOGY 15 U.S.C. 277; interprets or applies sec. 7, aperture of the integrating sphere, and any 70 Stat. 959; 15 U.S.C. 275a. Revision highly reflecting substance such as MgO or P hotometry MgC03 may be used at the comparison aper­ Under the provisions of 15 U.S.C. 275 § 202.103 Miscellaneous photometric ture provided the material to be tested does (a) and 277, the test fee schedules of the measurements and tests. not reflect more than the comparison mate­ National Bureau of Standards, Depart­ rial. The directional reflectances of the test ment of Commerce, pertaining to Part Item Description Fee samples relative to freshly prepared MgO are 202-Metrology are revised as provided then obtained by multiplying (at the re­ herein. 202.103a Determination of luminous trans­ spective corrected wavelength) the values T h is revision, effective upon publica­ mittance of neutral or colored for these samples read from the curve sheet, F ederal R egister, $90.00 tion in the supersedes filter, one sample----- s s i;------by the ratios of (a) the standard Vitrolite Part 202, Title 15, Code of Federal Reg­ 202.103Z For special tests not covered by the above schedule, fees will be values reported to (b) the values for the ulations previously issued. charged dependent upon the na­ This revision increases some fees to ture of the test. Vitrolite read from the curve sheet. insure that the actual costs of calibra­ tions are fully recovered. In addition, § 202.104 Rating of incandescent elec­ Item Description. Fee certain items for which there is limited tric lamps. demand, or which coimnercial labora­ Standards of spectral transmittance for checking the photometric tories now provide, have been deleted. Item Description Fee scale of spectrophotometers; these consist of polished disks of glass, P hotom etry 2 to 3 mm thick and 30 mm m di­ S&c Rating tests on lamps. These are ameter, designated as cobalt blue, 202.103 Miscellaneous photometric meas­ routine photometric rating tests copper green, carbon yellow, and urements and tests. of the type made initially on selenium orange (copper green lamps to be life-tested, the same filter also available in 25 mm 202.104 Rating of incandescent electric standards and equipment being square size); report includes (1) lam ps. • used. The purpose of these tests values of transmittance at 25° C is to afford a quick check of the at certain wavelengths from 390 Colorimetry and Spectrophotometry photomètric values assigned to to 750 nm, (2) estimated uncer­ lamps by various lamp life-test tainty of each value, (3) effect of 202.105 Spectrophotometric standards. laboratories. temperature change on transmit­ 202.106 Spectrophotometric measurements. 202.104a Rating of incandescent lamps up to tance at each wavelength: 202.107 Colorimetry. $35.00 202.105a Each disk__ ———__ — $160.00 202.104b Same, each additional lamp bf same Transmittance, 365 to 1,000 nm for 202.109 Opacimetry. 10.00 standardization purposes. Sam­ 202.111 Lovibond glasses. 202.104Z For special tests not covered by the ples submitted must be in good 202.112 Signal glass limit glasses and IPL above schedule, fees will be optical condition. Measure­ calibrating filters. charged dependent upon the na­ ments at room temperature. (If ture of the test. the sample is a disk 29.7±0.2 mm R adiometry in diameter, the measurements can be made at a specified tem­ 202.114 Radiometry. Colorimetry and Spectrophotometry perature): 202.105b One sample at one wavelength---- 60.00 I mage Optics and P hotography § 202.105 Spectrophotometric stand­ 202.105c Each additional wavelength on the same sample------'------16.00 202.201 Visual measurements of optical ards. Didymium glass standards for characteristics. checking the wavelength calibra­ 202.202 Photogrammetry. Note on item a: Transmittances of these tion of General Electric recording disks at wavelengths from 365 to 390 nm spectrophotometers; these consist 202. 205 Refractive index. of Coming 5120 glass, 2x2 in., 202.207 Modulation transfer function (nanometer, 10-* meter) and from 750 to 3.0 mm thick, polished; report measurements of lenses. 1,000 nm will also be determined on request includes table of wavelengths of 202.311 Photography (step tablet density, minimum transmittance: in' accordance with item c of fee schedule 202.105d 400 to 750 nm, 10 nm slits, each residual thiosulfate concentra­ 202.105. Values will be obtained for a tem­ standard_____ —------—------80.00 tion, etc.) 202.105e 730 to 1,080 nm, 20 nm slits, each perature of 25° C. The effect of change of standard.———.------;— 80.00 Len g th temperature has not been determined for 202.106Í For two calibrations on the same glass (items 202.105d and 202.105e), 202.401 Reference line standards of length. these glasses outside the range from 390 to each standard------——-----—- 125.00 202.402 Working line standards of length. 750 nm. It is known, however, that for all Holmium oxide glass standards for 202.403 Commercial line standards of four types of glass the temperature effects checking the ultraviolet and le n g th . visible wavelength calibrations are very small from 750 to 1,000 nm, probably of recording spectrophotometers 202.404 Steel tapes. with slit width less than 2 nm; 202.405 Invar base-line tapes. negligible for the usual room-temperature these consist of Coming 3130 202.406 Surveyors’ measuring instruments variations. On the other hand, temperature glass 2 x 2 in., 2.5 mm thick, polished; report includes table (other than tapes). effects are always large for these kinds of of wavelengths of minimum 202.407 Sieves. glass when the transmittance as a function transmittance: . 140.00 202.408 Haemacytometers. 202.105g 240 to 370 nm, each standard— .— 140.00 202.410 Precision circles.* of wavelength is decreasing rapidly towards 202.105h 360 to 650 nm, each standard...... shorter wavelengths, so that increasingly 202.105i For two calibrations on the same 202.411 Linear thermal expansion of solids. glass (items 202.105g and 202.105h), 202.412 Gage blocks. large temperature effects may be expected for each standard------— ———- 175.00 these filters in the ultraviolet. Working standards of spectral E n g ineering M etrology directional reflectance for use on Note on items j and k: In the General Elec­ General Electric recording spec­ 202.500 General. tric recording spectrophotometer the design trophotometers with 6° from perpendicular irradiation and 202.501 End standards of length. is such that the radiant energy is incident diffuse reception; standards con­ 202.502 Plain cylindrical plug and ring in a slightly diverging beam whose axis is at sist of white structural Vitrolite gages. glass, 4 x 4 in., M« in. thick; re­ 202.503 Threadjplug and ring gages. 6° to the perpendicular to the surface. The port includes table of spectral specular component of the reflected energy is directional reflectances relative 202.504 Instruments and components. to freshly prepared MgO at every 202.505 Optical reference planes. thus diverted away from the entrance aper­ 10 nm: , 202.506 Angle blocks. ture towards a port on the side. This port 202.105j 400 to 750 nm, specular component 202.507 Polygons. may be filled with MgO or with a black mate­ both included and excluded (on 202.508 Master balls. same glass), 10 nm slits, each 175.00 202.509 Gears. rial, so that the specular component may be -standard------■------

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7373

% Item Description Fee Item Description Fee Item Description Fee

202.105k 730 to 1,080 nm, specular compo­ 202.106n Each additional pair of curves or 202.109a Each diffusing-glass opacity stand­ nent both included and excluded each additional sample____ $25.00 ard, opacity between 0.60 and (on same glass), 20 mn slits, each 202.106o Reduction of data obtained as in 0.96 as desired______$60.00 standard______$175.00 202.106g to 202.106n, giving table 202.109b Set of four diffusing-glass opacity Working standards of spectral of values of transmittance, trans- standards, opacities approxi­ directional reflectance for use on mittancy, or directional reflec­ mately equal to 0.72, 0.79, 0.86, the Beckman Model DU quartz tance relative to MgO for every 10 and 0.93...... 180.00 spectrophotoineter with nearly nm, for each curve 40.00 202.109z For Special tests not covered by the perpendicular irradiation and 202.106z For special tests not covered by the above schedule, fees will be approximately 45° circular recep­ above schedule, fees will be charged dependent upon the tion; standards consist of white charged dependent upon the na­ nature of the test. structural Vitrolite glass l ^ i 2 ture of the test. in., Me in. thick; report includes table of spectral reflectances rela­ tive to freshly prepared MgO at § 202.111 Lovibond glasses. every 10 mn: § 202.107 Colorimetry. 202.1051 380 to 770 nm, each standard...... 100.00 Lovibond red glasses, determination 202.105m 750 to 1,000 nin, each standard___ 100.00 of numeral on the AOCS scale estab­ 202.105n 350 to 1,000 nm, each standard___ 175.00 Item Description Fee 202.105z For special tests not covered by the lished in 1961 by agreement with the above schedule, fees will be Color Committee of the American Oil charged dependent upon the na­ 202.107a Computing chromaticity coordi­ Chemists’ Society, the value given being ture of the test. nates and luminous directional reflectance or transmittance from the effective value when the given red spectrophotometric data for cer­ glass is used in combination with a § 202.106 Spectrophotometric measure­ tain specified light sources, per source per sample______$20.00 35-yellow glass, each glass to be engraved ments. 202.107b Computing luminous directional with the National Bureau of Standards reflectance or transmittance from The tests described in this section are spectrophotometric data for cer­ test number and the numeral found for tain specified light sources, per the glass. primarily made for informational pur­ source per sample______15.00 202.107c Determination of the Munsell reno­ poses, and samples so tested should not tation or book notation of a speci­ Item Description Fee be accepted as “standards.” All meas­ men from its daylight reflectance and chromaticity coordinates, urements are made at room tempera­ each specimen______12.00 202.111a For testing a single red glass— $60.00 202.107d Conformity to chromaticity of 202.111b For each additional red glass___ 25.00 tures. For various types of spectropho­ standard, sample and standard 202.111z F or special tests not covered by the tometric standards, see § 202.105. illuminated normally by arti­ above schedule, fees will be ficial daylight or by incandes­ charged dependent upon the cent-lamp light, chromaticity dif- nature of the test. erence expressed in terms of Item Description Fee chromaticity coordinates on fundamental colorimetric coordi­ § 202.112 Signal glass limit glasses and nate system, one sample relative Spectral transmittance, 210 to 1,000 to a standard______50.00 1PL calibrating filters. ran: 202.107e Each additional sample relative to 202.106a One sample at one wavelength___ $80.00 the same standard...... 12.00 (a) Railroad, highway (traffic), and 202.106b Bach additional wavelength on 202.107Í Each additional sample relative to aviation signal glasses for use as chro- the same sample______8.00 an additional standard______20.00 202.106c Each additional sample, each 202.107g maticity limits or transmittance stand­ wavelength ______;___ '8.00 Color temperature of 120-V, screw- ards in accord with specifications ap­ Spectral directional reflectance rel­ base incandescent lamp, voltage ative to MgO, normal irradiation for specified color temperature, proved by the cognizant technical asso­ and 45° circular receptio-, as ob­ current for neighboring voltage ciation or Government agency will be tained with the Beckman Model to check permanence, one color DU spectrophotometer, 254 to temperature, each lamp______50.00 issued when available. The report of 1,000 nm: 202.107h Color temperature standard sup­ calibration includes chromaticity co­ 202.106d One sample at one wavelength__ 80.00 plied from stock, 100-W, medium- 202.106e Each additional wavelength on the . screw base or S00-W mogul-screw ordinates, luminous transmittance, or same sample______8.00 base projection type lamp, cali­ both as determined relative to national 202.106Í Each "additional sample, each brated for 2,854° K, one lamp standard filters for the specified color wavelength______8.00 each______50. 00 Spectral transmittance or trans- 202.1071 Same, calibrated for any one other temperature of source. mittancy curves obtained on specified color temperature, one (b) Instrument Panel Lighting (IPL) General Electric recording spec- lamp each...... 55.00 trophotometer, including 100 per­ 202.1Ó7J Each additional color temperature calibrating filters are available in 2-inch cent and zero calibration curves on the same lamp______20.00 polished squares. They have the follow­ and didymium glass curve for 202.107k Equation giving any color tempera­ checking the wavelength calibra­ ture from 2,000 to 2,854° K, each ing designations (approximate chroma­ tion; report includes Ozalids of lamp (fee includes cost of 500-W ticity coordinates for color temperature tracings: projection lamp)______140.00 2,854° K are shown below in parenthe­ 202.106g Testing a sirigle sample, 400 to 750 202.107z For special tests not covered by the nm or 730 to 1,080 nm, with slits above schedule, fees will be ses) : NBS 3056 (x=0.723, i/=0.277), NBS approximately 10 nm or 20 nm charged dependent upon the na­ (respectively) of spectrum, either ture of the test. 3114 (x=0.712, y = 0.288), NBS 3215 spectral range______95.00 202.106h Each additional curve or each ad- (x=0.698, l/=0.302), and NBS 3648 ditional sample...... 15.00 § 202.109 Opacimetry. (x=0.667, |/=0.333). The NBS 3215 fil­ 202.1061 Same as 202.106g, but with both spectral ranges, 400 to 1,080 nm 130.00 Opacity of diffusing glass by contrast- ters define the pale limit for airplane red 202.106J Each additional pair of curves or instrument panel lighting and are usu­ each additional sample__ 25.00 ratio (ratio of luminous directional re­ Spectral directional reflectance ally used in pairs; the other types of fil­ curves obtained on General Elec­ flectance with black backing to that with tric recording spectrophotometer, ters listed are for calibrating photom­ including (1) Vitrolite calibration white backing), illumination nearly per­ curve for correcting values rela­ pendicular to surface of glass, reception eters used for measuring panel lumi­ tive to fresh MgO as 100 percent, nance. (2) zero curve, (3) didymium of all reflected flux regardless of angle. glass curve for checking the Reflectance of white backing taken so wavelength calibration; report Item Description Fee 202.106k includes Ozalids of tracings: as to accord with Bausch & Lomb type One sample, 400 to 750 nm, or 730 photoelectric opacimeter correctly ad­ to 1,080 nm, with slits approxi­ 202.112a Signal limit glasses, each.. . . $250.00 mately 10 nm or 20 nm (respec­ justed to read contrast-ratio for thin 202.112b IPL calibrating filters, calibrated tively) of spectrum, with specu­ for chromaticity coordinates and lar component of reflected energy samples with a white backing reflecting transmittance for 2,854° K 90.00 included or excluded, either spec­ 202.112c Calibration for transmittance at an tral range, and either condition 0.915 relative to MgO (TAPPI test meth­ additional color temperature___ of specular reflection. 95.00 202. U2z 15.00 202.1061 Each additional curve or each addi- od T425m—60). Diffusing glass rec­ For special tests not covered by the „ tional sample, each curve.. above schedule, fees will be 202.106m 15.00 tangles, 5 x 12 cm, supplied by the charged dependent upon the fcame as 202.106k, but both spectral nature of the test______ranges, 400 to 1,080 nm 13d 00 Bureau.

FEDERAL REGISTER, VOL. 32, NO. 95—-WEDNESDAY, MAY 17, 1967 7374 RULES AND REGULATIONS

§ 202.114 Radiometry. Item Description Fee Item Description Fee Item Description Fee 202.201k Determination of a single radius of 202.202a Determination of resolving power curvature. Fee determined by at 5° intervals from center to edge 202.114b Calibration of radiant energy meter thé nature of the work required. of field for collimated light at one for energy of 2537 i ------$90.00 $110.00 aperture,______".------$97.00 202.114c Measurement of radiant flux of 2537 202.201z For special tests not covered by the 202.202b Fee for each additional aperture__ 50.00 A, from germicidal or sterilamp.: 90.00 above schedule, fees charged 202.202c Determination of back focal dis­ 202.114z For special tests not covered by the depend on the nature of the test. tance, equivalent focal length, above schedule, fees will be distortion and resolving power charged dependent upon the. at 5° intervals from the center to edge of the field... ------135.00 " nature of the test. § 202.202 Photogrammetry. This is the test usually re­ quired for lenses that are to he The following information is pertinent 'mounted in precision aerial I mage Optics and P hotography to the tests a to i in this schedule : cameras. 202.202d Determination of equivalent focal § 202.201 Visual measurements of op­ a. and b. This is a test of the definition length and true geometric f-num- tical characteristics. characteristics of a lens. It is performed - ber for one marked stop------78.00 photographically. In general, if a lens yields 202.202e Fee for each additional stop_____ 19.00 The following information is pertinent 202.202Î Determination of compliance of satisfactory results when subjected to this camera platen with flatness re- to the tests a to h in this schedule: test, it is probable that no additional test for quirements to ±0.0005 in------28.00 a. This test is applied, to photographic ob­ lateral chromatic aberration is necessary. 202.202g Determination of calibrated focal c. This is à qualifying test for photo­ length, radial and tangential jectives mounted in a lens barrel or shutter. distortion, and resolving power, The back focal distance determines the lens graphic objectives for aerial mapping cam­ at 7.5° intervals from center to position with respect to the focal plane for eras. It is a photographic test and the de­ edge of field for lens mounted in terminations are made for the plane of best camera______185.00 a camera focused on a distant object. The 202.202h Location of the principal point of equivalent focal length determines the scale average definition. auto-collimation, check of 90° factor or magnification for small field angles. d. and e. The f-number is the ratio of the condition for lens mounted in equivalent focal length of .the lens to the camera, and radial distortion__ 165.00 b. This is a test of photographic objectives diameter of the effective aperture. 202.202i Setting the principal point of auto- for precision copying cameras. The infor­ collimation and 90° condition, mation is used in calibrating the camera f. This is a test of the platen of a precision checking and doweling for lens scales used to position the lens, object plane, aerial mapping camera, which is the surface mounted in camera______135.00 against which the film is held during ex­ 202.202z For special tests not covered by the and image plane for any desired magnifica­ posure. It is a test to determine con­ above schedule, fees charged de­ tion without visual focusing. formance to specifications requiring that the pend on the nature of the test. c. and d. This is a test of objectives used platen shall not depart from a true plane by in precision copying cameras where there is more than ±12 microns ( ±0.0005 in.). § 202.205 Refractive index. a need to have the relative proportions of the g. This is a test of a photographic objec­ image not significantly different from those tive mounted in a camera. It gives the same (a) The index of refraction of a solid, of the object. The results include the in­ information as test 202.202c except for back- transparent optical material is meas­ formation obtained in 202.201b and informa­ focal distance. It is preferable that these tion on distortion. Since distortion changes ured at visible wavelengths of calibrated lens characteristics be determined for the emission lines of cadmium, helium and with magnification, it is advisable to specify, lens as mounted in a barrel shutter, but for test, the magnification most commonly occasionally it is desirably, to determine these mercury. Measurements are ordinarily used. quantities for the lens mounted in a camera. made at room temperature near 22° C. f. and h. This is a general evaluation of aThe shutter should be open when the camera Specimens submitted for test must be photographic objective for precise applica­ is submitted for test. in either geometrical form described tions. The results include the information h. This is a test of a lens-camera combina­ below : contained in 202.201b and information on tion for photogrammetric mapping. It gives (1) Test specimen in the form of a resolution. the departure of the principal point of auto- prism, with two rectangular surfaces collimation from the center of collimation, polished optically flat within one-eighth Description which is the intersection point of lines join­ Item Fee ing opposite pairs of collimation index mark­ wavelength. The minimum linear re­ ers. The radial distortion is determined with quirements for these surfaces are ap­ Cost of fabricating new devices respect to the calibrated focal length of the proximately 25 mm (length)' x 13 mm needed to adapt test items to our equipment will be added to the lens. (height). The optimum refracting angle fees indicated below: This test cannot be performed on a camera varies from 70° for index m —1.4 to 50° 202.201a - Determination of back equivalent focal length and back focal having a detachable magazine which bears for index na=1.9. distance..- ______$46.00 the collimation index markers, " This is the (2) Test specimen in the form of a 202.201b Determination, of equivalent focal length, back focal distance, sepa­ preliminary test on a precision type camera rectangular slab approximately 25 mm x ration of nodal points, and lens to determine compliance with specification. 13 mm x 5 mm such as is commonly thickness...... 94.00 If no provision has been made for ready used for the adjustment of an Abbé re- 202.201c Determination of equivalent focal length, back focal distance, sepa­ adjustment of the collimation index markers fractometer. Two surfaces must be pol­ ration of nodal points, lens thick­ ished optically flat within approximately ness, and distortion at 5° intervals and they are not aligned at 90°, the camera from center of edge of field for is returned for adjustments. If the 90° one wavelength and intersect at 90° parallel light at one aperture___ 180.00 condition is satisfied, but no provision has to form an unbeveled edge. Index of 202.201d Determination of equivalent focal length, back focal distance, nodal been made for ready adjustment of the prin­ specimen should not exceed na—1.8. point separation, lens thickness, (b) Refractive index values and ac­ and distortion at 5° intervals cipal point with respect to the center of from the center to edge of field collimation, the camera is returned for ad­ curacy statements will be given to as for one specified ratio of object to many figures as are considered signifi­ image size at one aperture_____ 250.00 justments. .. cant. The available accuracy usually 202.201e Fee for each additional ratio_____ 110.00 i. If the principal point can be properly 202.201Î Determination of equivalent focal lies in the range ±0.000005 to ±0.0001. length, back focal distance, nodal positioned with respect to the center of col­ (c) Tests are generally based on cor­ point separation, lens thickness limation by ready adjustment of the lens and resolution at 5° intervals respondence regarding the exact nature from the center to edge of field in a transverse direction or by ready move­ of the requirements. Do not ship ma­ for parallel light at one aperture.. ' 180. 00 ment of the collimation index markers, this 202.201g Fee for items 202.201e and 202.201f terials to the Bureau until arrangements when performed at the same is done in the course of the test. Following for test have been completed.. Fees will time on one lens______275.00 adjustment, pins are set to preserve the be charged for actual costs incurred. 202.201h Determination of equivalent focal length, back focal distance, nodal setting. .. point separation, lens thickness, When a camera is submitted for test, the •Fee and resolution at 5° intervals Item Description from the center to edge of field drill holes for the pins, a proper sized drill for one specified ratio of object to and reamer, and a sufficient number of pins 202.205Z Determination of index of refraction image size at one aperture...... 250.00 to perform the doweling must accompany the of solid optical media for visible 202.2011 Fee for each additional ratio...... 110.00 spectral lines. Fee computed on 202.201] Fee for items 202.201d and 202.201g camera. It is desired that roll pins be sub­ when performed at the same a cost basis. time oh one lens...... 385.00 mitted for this task.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7375 § 202.207 Modulation transfer function ments. The varied requirements for the measurements of lenses. Item Description Fee application of calibrated steel tapes to When submitting lenses for modula­ length measurements necessarily require 202.311a Calibration of photographic step tion transfer function measurements the tablets for printing density, one variance in type and location of interval focal plane, f-number, off-axis position, sample...... $33.00 markings and accessory attachments. 202.311b Calibration of photographic step and target line orientation (radial or tablets for visual density, one Some tapes, although being of excellent tangential) must be specified. Each lens sample______33.00 quality and having application that jus­ 202.311c Residual sodium thiosulfate con­ tifies NBS calibration, are not necessarily submitted for test must be accompanied centration of processed film, one by a mounting plate %6-lnch thick, 5% sample______33.00 suitable for use as reference tapes (see inches in diameter with four body drill 202.311d Each additional sample for the paragraph b). Such steel tapes for determination of residual sodium holes, for No. 8 screws, spaced 90° apart thiosulfate in film submitted at which a Report of Calibration has been on a center circle of 5% inches in the same time...... 11.00 issued will be engraved with an NBS 202.311e Residual sodium thiosulfate con­ diameter. centration of processed photo- serial number for identification purposes. graphic paper, one sample__ 36.00 A steel tape considered by the Bureau to 202.311f Each additional sample* for the be suitable for use as a reference tape Item Description Fee determination of residual thio­ sulfate concentration of processed for checking other calibrated or uncali­ 202.207a Determination of data necessary photographic paper submitted at brated steel tapes, or for other appro­ for plotting one modulation the same time______11.00 priate uses, wilt also be engraved with a transfer function, on axis, at one 202.311z For special tests not covered by the fixed set of parameters...... $200.00 above schedule, such as precise mark indicating the year of calibration. 202.207b Fee for each additional curve based determination of optical density Reports of Calibration normally will in­ on original focal plane. ______88.00 and measurements of resolving 202.207z For special tests hot covered-by power of photographic materials, dicate the measured lengths of intervals above schedule, fees depend on fees depend on the nature of the to the nearest 0.001 foot or 0.1 mm. the nature of the test. test. Length values will be reported at 68° P (20° C). § 202.311 Photography (step tablet den­ Length (b) A steel tape considered suitable for sity, residual thiosulfate concentra­ § 202.401 Reference line standards of use as a reference tape, as defined above, tion, etc.). length. should possess the following m inim um re­ The following information is pertinent quirements: The error in total length of to the tests a. to f. in this schedule: Item Description Fee the tape at the standard temperature of 68° F (20° C) and at standard tension a. USA Standard Printing Transmission Density, Type P2-b, is measured on step 202.401z Calibration of reference line stand­ shall not exceed 0.1 in. per 100 ft. (2 mm ards to a higher degree of accu­ per 25 m ). The standard tension is 10 tablets of 21 steps or less. This type of racy than that provided in sched­ density is the one most commonly employed ule 202.402 are regarded as special lb. (4.5 kg) for tapes 25 to 100 ft., or from in the photographic industry and is custom­ tests. Fees will be charged de­ arily implied when the type of density is pendent upon the nature of the 10 to 30 m in length and 20 lb. (9 kg) for test; they may be approximately tapes longer than 100 ft. or 30 m. Prom not specified. Densities greater than 4.10 are estimated as twice the corre­ not calibrated as part of this test, but must sponding fees of schedule 202.4021 the standpoint of inherent stability and be ordered separately under item 202.311z. The densities of tablets of high quality are to prevent the possibility of accidental measured with a precision such that three § 202.402 Working line standards of displacement of reference graduations, a times the standard deviation of the mean is length. reference tape should normally possess 0.01 or 1 percent whichever is greater. Defec­ the following characteristic: All interval tive tablets cannot be measured with this Item Description precision. Tablets submitted for calibration Fee graduations should be on a single piece must'be free of scratches, fingerprints, abra­ of metal ribbon. This is usually con­ sions, and foreign matter and must have 202.402a Working line standard 40 inches or less in length—determination strued to imply that the graduations steps of uniform density. Tablets not suit­ of the total length, or other inter­ able as standards are not accepted for cali­ val, at 68° Fahrenheit (20° should not be on pieces of solder, sleeves, bration. Celsius) to an accuracy of 0.00004 thin plates or blocks bonded or attached b. USA Standard Diffuse Visual Transmis­ inch or 0.001 mm if the character of the graduation justifies_____ $165.00 to the tape, or on wire loops, spring bal­ sion Density, Type VI—b. The comments on 202.402b Working line standard—deter­ precision and quality of standards given in mination of any other single ances, tension handles, or other acces­ item a. above apply here also. interval______81.00 sories likely to be detached or changed c. and d. The determination of the residual 202.402c Working line standard—deter­ mination of equal submultiples in shape. sodium thiosulfate content of processed of the length determined under photographic film is made according to U.S.A. item a or b, each______3.00 Standard Method PH4.8-1958 or the latest 202.402z For special tests not covered by the Item Description revision thereof. above schedule, including deter­ Fee Hypo concentrations less than 1 microgram mination of linear thermal expan­ sion, fees will be charged depend­ 202.404a Steel tape—determination of correc­ per square centimeter are reported as “nil”. ent upon the nature of the test. tion to the total length of the tape When hypo concentration is 0.005 mg per when supported throughout at square inch or over, it is reported to one standard tension and at standard significant figure. § 202.403 Commercial line standards o f temperature, for a tape not ex- ceeding 200 ft or 50 m fn length... $36.00 Each sample submitted should be properly length. This is the regular standard test identified, contain no image (slight fog per­ which will be made and charged missible), and must be submitted immedi­ Item for in each case. To this amount ately after processing. Description Fee must be added the fees for any ad­ ditional tests made, and for item Each sample submitted should be 6 to 8 (n), if applicable, in accordance inches in length and should be attached 202.403z Calibrations of commercial line with the following schedule. securely to request letter by stapling. standards of length to an accuracy 202.404b Steel tape—determination of the of 0.01 mm or 0.0004 in., if the correction to the total length Samples are not returned since they are character of the graduation justi­ when supported throughout any destroyed during tests. fies, are regarded as special tests. tension other than standard ten­ e.andf. The determination of residual Fees will be charged dependent sion, for a tape not exceeding 200 upon the nature of the test. ft or 50 m in length_____ 7.00 sodium thiosulfate concentration of proc- Tension desired must be speci­ essed photographic paper is made according fied. “ USA Standard Method PH4.30-1962 or the § 202.404 Steel tapes. 202.404c Steel tape—determination of the latest revision thereof. correction to total length when (a) Steel tapes accepted by the Bureau s pported t the ends only.. 7.00 Each sample submitted should be properly as suitable for calibration will be issued' The Bureau is not prepared to identified, contain no image (slight fog per- make this test on tapes having a a National Bureau of Standards Report greater length than 200 ft or 50 m. hiissible), and be of such dimensions that of Calibration. Steel tapes are used for Standard tension will be used two strips, 1 x 4 inches, can be cut for test. unless another tension is sped- many types of long-interval measure - fled.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7376 RULES AND REGULATIONS

Description Item Description Fee Item Description Fee Item Fee 202.406b Invar 50-m base-line tape—deter­ 202.407a Sieve—test of a sieve No. 2}4 to 202.404d Steel tape—determination of the mination on the geodetic com­ No. 400 inclusive to determine correction to the total length parator of total length at an ad­ conformity to specification, but when supported at the ends and ditional tension and/or method not including the sieving test__ $18.00 at one or more Intermediate of support, with a probable error 202.407z For special tests not covered by the points, for a tape not exceeding above schedule, fees will be 200 it or 60 m In length------$7.00 not greater than 0.050mm....-___ $52.00 Standard tension, will be used 202.405c Invar 50-m base-line tape—deter­ charged dependent upon the unless another tension is speci- mination of total length sup­ nature of the test. fied. ported throughout, by computa­ 202.404e Steel tape—determination of the tion from the observed length correction to the length of a sub- when "Supported at the ends and § 202.408 Haemacytometers. interval under the same condi­ one or more intermediate points. . 26.00 tions as to tension and points of 202.405d Invar 50-m base-line tape—high- Each haemacytometer chamber and support as for the total length—. 6.00 precision calibration of a group each cover glass which passes the speci­ The points at which these of uniformly spaced subintervals measurements are made must be when supported on a horizontal fication is marked with a National Bu­ points at which the tape is sup­ flat surface, using the same ten­ reau of Standards precision seal. In ported. sion specified for test item The Bureau is not prepared to 202.405c. Charge for each in- general,, work will be discontinued when test tapes supported at points tervsd____—______------26.00 a substantial number of items in a lot more than 200 ft or 60 m apart. 202.405e Invar 50-m base-line, tape—deter­ fail to comply with the specifications, 202.404Í Steel tape1-determination of the mination on the geodetic com­ correction to the length of a sub­ parator of the coefficient of ex­ and the fee will be computed on the basis interval under different specified pansion with an accuracy of at of the number of items tested plus a conditions as to tension and least 0.000001 per degree Celsius points of support from those used using the electrical resistance special handling charge. Items 202.408 for the total length------g.*—... 7.00 method and calibration of its a to e inclusive will be applicable if a See item (e) above. total length at one temperature, 202.404g Steel tape—determination of the tension, and method of support minim um of 12 chambers are submitted tension to the nearest integral with a probable error not greater at one time; otherwise item 202.408z will half-pound or quarter kilogram than ±0.050mm...... 205.00 at which the correction to the 202.405g Invar base-line tape—determina­ be applicable. Only one letter reporting length of an interval is most tion of the weight per meter (or results of test will be supplied for any nearly zero, under a specified per foot)______10.00 one test at the prices of items 202.408 condition of support, for a tape 202.405h Spring balance—testing in hori­ not exceeding 200 ftor50m--- ... 7.00 zontal position. 1.....__ 20.00 a to e Inclusive. 2024.04b Steel tape—determination of the 202.4051 Invar base-line tape—additional. correction to a subinterval at the charge for each tape sent without tension at which the correction a reel___— ------gj¿¿4~ 7.00 Item Description Fee to the total length is most nearly 202.4053 Invar base-line tape—determina­ zero and under the conditions of tion of AE______—.v---- 20.00 support used in the test under 202.405k Invar base-line tape—computed 202.408a Single Neubauer haemacytometer item (g)...... 6.00 values other than as provided in chamber—testing single cell 202.4041 Steel tape—determination of correc­ item 202.405c______—...... 7.00 chamber (having Neubauer rul­ tion to the total length of an in­ 202.4051 Invar base-line tape not more than ing) and two cover glasses for con- terval on the reverse side of the 50-m in nominal length—deter­ formity with specification_____ $8.00 tape, when supported at stand­ mination on bench standard at 202.408b Single Fuchs-Rosenthal haemacy­ ard tension and at standard tem­ room temperature of length of one tometer chamber—testing single perature, for a tape not exceeding interval when supported at one cell chamber (having . Fuchs- 200 ft or 50 m in length...... 7.00 method of support and under one Rosenthal ruling) and two cover 202.404] Steel tape—determination of the tension, or determination of the glasses for conformity with speci- coefficient of expansion of a tape tension to the nearest integral ficâtîon______11.00 fee will be determined in each in half pound or quarter kilogram at 202.408c Double Neubauer haemacytometer dividual case. which the correction to the length ■ chamber—testing double cell 202.4041 Steel tape—determination of the of the interval is most nearly zero chamber (having two Neubauer weight per foot or per meter of a at a specified method of support— 60.00 rulings) and two cover glasses for tape____ _------10.00 202.405m Invar base-line tape not more than conformity with specification---- 9.00 202.404m Spring balance—testing in hori­ 50-m in nominal length—each ad­ 202.408d Double Fuchs-Rosenthal hae­ zontal position--- :— ------20.00 ditional determination on bench macytometer chamber—testing 202.404H Steel tape—additional charge for standard at room temperature of double cell chamber (having two each tape sent without reel...... 7.00 length of interval, or tension to Fuchs-Rosenthal rulings) and the nearest integral half pound or two cover glasses for conformity 202.404o Steel tape—determination of AE— 20.00 22.00 202.404p Steel tape—computed values (this quarter kilogram at which the with specification-...... —------does not include charge for neces­ correction to the length of an 202.408e Quadruple haemacytometer cham­ sary measurements) 7.00 interval is most nearly zero——.. 22.00 ber—testing quadruple cell cham­ 202.404z For special tests not covered by the 202.405z For special tests not covered by the ber (having two Neubauer above schedule, fees will be above schedule, fees will be rulings and two Fuchs-Rosenthal charged dépendent upon the na charged dependent upon the rulings) and two cover glasses for nature of the test. conformity with specification— 23.00 ture of the test. 202.408z For special tests not covered by the above schedule, fees will be charged dependent upon the na- § 202.405 Invar base-line tapes. § 202.406 Surveyors’ measuring instru­ ture of the test. For testing of steel tapes, see schedule ments (other than tapes). 202.404. The test of an invar base-line § 202.410 Precision circles. Description Fee tape of any length less than 50 m on the Item Fee NBS geodetic-tape comparator will, in Item Description general, be made for the same fee as a 202.406a Leveling rod—testing principal in- tervals------$62.00 202.410Z Special tests only are conducted in 50-m invar base-line tape. Attention is 202.406z For special tests not covered by this category and fees will be the above schedule, fees will be charged dependent upon the na- called to the fact that only invar base­ charged dependent upon the na­ ture of the test. line tapes of certain length can be tested ture of the test. on this comparator. Invar tapes not § 202.411 Linear thermal expansion of tested on the geodetic-tape comparator § 202.407 Sieves. solids. will be tested on the bench standard un­ N ote: The precision seal of the National Description Fee der items 202.405 (1) and (m). Bureau of Standards on any sieve indicates Item Description Fee that the sieve has been tested at the Bureau 202.4Hz Special tests only are conducted to Item this category and fees for accepted and found to conform to specification. Ex­ tests will be charged dependent 202.405a Invar 50-m base-line tape—deter- cept by special arrangements, the testing of upon their nature. Only those mination on the geodetic com- tests that cannot be carrted out parator of total length with a sieves at the Bureau is limited to No. 2 y2 elsewhere may be accepted. probable error not greater than ±0.050mm______——------$200.00 to No. 400 inclusive.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7377 § 202.412 Gage blocks. Item (d) Minimum test fee for calibration Description Fee (a) Test fee schedules In § 202.412 in­ work is $20.00. clude a statement of the accuracy to 202.412e Gage blocks—determination of § 202.501 End standards of length. length to ±0.000003 in and exces­ which measurements are ordinarily sive errors in flatness and paral­ made; however, if the character of the lelism, for sizes from 0.010 in. to Item Description Fee and including 0.090 in. in lots of defining surfaces of a gage block is not 10 or more, each...... ______$12.00 Blocks in this size range are End standards with spherical or such as to warrant this accuracy, the usually warped and do not war­ pointed ends, or flat ends with report will show the accuracy actually rant «»libration to a higher ac­ area of contact less than H in.J: curacy. In special cases blocks 202.501a Determination of length to obtained. All gage blocks submitted for 0.040 in. and thicker will be cali­ ±0.00005 in. for lengths up to and brated under item (c) if the errors including 8 in., each...... $14.00 test should be in substantially new block in flatness of the blocks are not 202.501b Determination of length to condition and each block should be excessive. ±0.000005 in. per inch of length 202.412f Gage blocks—determination of for lengths over 8 in. up to and marked with an identification number. including 20 in., each...... 20. 00 length to ±0.000001 in. per inch 202.501c ' Determination of length to (b) In the shipment of gage blocks ex­ of length and excessive errors ±0.000005 in. per inch of length in flatness and parallelism, for for lengths over 20 in. up to and treme care should be taken both against blocks of the following length: including 40 in., each______24. 00 5, 6, 7, 8,10,12,16, and 20 in., in 202.501d Determination of length to corrosion and damage by contact with lots of three or more, each_____ 70.00 ±0.000005 in. per inch of length other gage blocks during transit. All de­ Actual cost of calibration will for lengths over 40 in. up to and be charged for smaller lots. including 72 in., each...... 28. 00 fining steel surfaces should be greased 202.412z For spécial tests not œvered by the 202.501e Determination of length to above schedules, fees will be ±0.00002 in. for lengths up to and and the blocks padded with waxed paper charged dependent upon the na- including 8 in., each....____ 28.00 or volatile rust inhibitor treated paper. tine of theiest. 202.5011 Determination of length to ±0.000003 in. per inch of length A greased steel surface coming in con­ for lengths over 8 in. up to and Engineering Metrology including 20 in., each______38. 00 tact with newspaper, wrapping paper 202.501g Determination of length to § 202.500 General. ±0.000003 in. per inch of length (unwaxed), or excelsior is very likely to for lengths over 20 in. up to and (a) Test fee schedules 202.501 to 202.- including 40 in., each______48. 00 corrode. Sets of gage blocks should have 202.501h Determination of length to 509 include a statement of the relative ±0.000003 in. per inch of length packing inside the case, and the case accuracy to which measurements are for lengths over 40 in. up to and ordinarily made. However, if the char­ . including 72 in., each...... 56.00 should be bound shut as the clasps fre­ 202.501z For special tests hot covered by the acter of the defining surface of a gage above schedule, fees will be quently open or break during shipment. or other article is not such to warrant charged dependent upon the na­ (c) Shipments and purchase orders the measurement to this accuracy, the ture of the test. should be sent to the National Bureau report will show the accuracy actually obtained. If -a greater accuracy is re­ § 202.502 Plain cylindrical plug and of Standards, Washington, D.C. 20234, quested and the defining surfaces are ring gages. marked to the attention of the Length such as to permit measurements to the Section. accuracy requested, the necessary meas­ Item Description Fee urements will be made and a special fee will be charged. 202.502a Plain cylindrical plug gages—de­ Item ■ Description Fee (b) In addition to the items covered by termination of diameter, taper, and roundness to ±0.00005 in. for schedules 202.501 to 202.509 other items sizes up to and including 4 in., 202.412a Gage blocks—determination of such as gage block accessories, taper each______$14.00 length to ±0.000004 in. and exces­ plug and ring gages, and gill net gages 202.502b Plain cylindrical plug gages—de­ sive errors in flatness and paral­ termination of diameter, taper, lelism, for sizes from 0.100 in. to are occasionally calibrated. Sizes other and roundness to ±0.00001 in. for and including 1.000 in., in lots than those listed in the fee schedules are sizes up to and including 2 in., of 10 or more, each. $10.00 each ______41.00 Actual cost of calibration will also calibrated on special request. 202.502c Plain cylindrical plug gages—de­ be charged for smaller lots. These tests and calibrations are made termination of diameter, taper, 202.412b Gage blocks-rdetermination oi and roundness to ±0.000005 in. length to ±0.000005, ±0.000006, so infrequently that it is not practical for sizes up to and including 2 in., and ±0.000007 in., respectively, to list a definite fee, and such work will each...... 59.00 for blocks from 1 to 2 in., 2 to 3 be done on the basis of the cost of the 202.502d Plain cylindrical ring gages—deter­ in., and 3 to 4 in. in length, and mination of diameter, taper, and excessive errors in flatness and work. roundness to ±0.00001 in. for parallelism, in lots of three or (c) In the shipment of gages, extreme sizes 0.03 in. up to and including more, each.. . 30.00 2 in., each______59.00 ■ Actual cost of calibration will precautions should be taken both against 202.502e Plain cylindrical ring gages—deter­ be charged for smaller lots. corrosion and damage by contact with mination of diameter, taper, and 202.412ab Measurements as described under roundness to ±0.000005 in. for items (a) and (b) for. usual 81- other gages during transit. All defin­ sizes 0.03 in. up to and including 2 block set, per set... 740.00 ing steel surfaces should be greased and in., each______89.00 Extra blocks will be charged 202.502Î for under items (a) or (e). protected with waxed paper or a suitable Plain cylindrical ring gages—deter­ 202.412c mination of diameter, taper, and Gage blocks—determination of strippable plastic coating. A greased roundness to ±0.000003 in. for length to ±0.000002 in. and exces­ steel surface coming in contact with sizes 0-0.25 in. up to and including sive errors in flatness and paral­ lin., each______115.00 lelism, for sizes from 0.100 in. to newspaper, wrapping paper (unwaxed), 202.502z For special tests not covered by the and including 1.000 in., in lots of or excelsior is very likely to corrode. above schedule, fees will be 10 or more, each. 16.00 Actual cost of calibration will Small gages suitably wrapped may be charged dependent upon the na­ be charged for smaller lots. fastened in place in a strong container ture of the test. 202.412d Gage blocks—determination of length to ±0.000002, ±0.000003, so that no movement is possible. Plug &nd ±0.000004 in., respectively, § 202.503 Thread plug and ring gages. for blocks from 1 to 2 in., 2 to 3 and ring gages should ordinarily not in., and 3 to 4 in. in length, and be shipped mated. In the case of large- excessive errors in flatness and Item Description Fee parallelism, in lots of three or size threaded plugs and rings, however, more, each 45.00 Actual cost of calibration will mating is permissible as a, means of pro­ 202.503a Straight thread plug gages and set­ be charged for smaller lots. tecting the plug threads. In such cases ting thread plug gages—deter­ 202.4l2cd Measurements as described under mination of angle to 3' to 15' de­ items (c) and (d) for usual 81- a grease must be used that will prevent pending on pitch and diameter; block set, per set .. 1,280.00 lead error and pitch diameter to Extra blocks will be charged for electrolytic corrosion between the mating 0.0001 in., major diameter to under items (c) or (e). I gages. 0.0002 in. thread form as to clear- ance, for sizes H in. to 6 in., each.. $36.00

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7378 Description § 202.505 Optical reference planes. Fee Item Description Fee Itam Item 202.503r API buttress casing ring gages— 202.503b Straight thread ring gages—deter­ determination of dimensions mination of angle to 3' to 15 de­ specified in API Standard 5B, Optical reference planes are tested pending on pitch and diameter, for sizes over 10 in., each------$115.00 interferometrically, horizontally lead error to 0.0001 in., minor 202.503s API extreme line casing plug gages— supported with test surface sup­ diameter to 0.0002 in., thread determination of dimensions ported on three equally spaced form as to clearance, and fit on pads located at 0.7 of .the radius setting plug, for sizes )4 in. to 6 specified in API Standard 5B, $36.00 175.00 from the center. The test is per­ in., each-- _------202.503t API extreme line casing ring gages formed along two marked diam­ 202.503c Taper thread plug gages having including seal element—deter­ eters at 90° to each other on each 60° threads (except API Cable mination of dimensions specified surface, when each diameter is and Rotary gages)—determina­ in A.PT Standard 5B, each—,--- - 175.00 parallel to two of the support tion of half angles to 3' to 1” de­ 202.503U API extreme line casing gages— pads. pending on pitch and diameter, determination of mating standofl, Optical reference plane—to an ac­ lead error, pitch diameter and standoff with grand master gages, 202.505a curacy of ±0.0000005 in. for sizesl taper to 0.0001 in., major di­ R and S dimensions as specified not exceeding 6 in., per surface... ameter to 0.0003 in., and thread in API Standard 5B, per set----- 120.00 Optical reference plane—to an ac-1 $82.00 form as to clearance, for sizes up 202.503z For special tests not covered by the 202.505b curacy of ±0.0000005 in. for sizes to and including 10 in., each----- above schedule, fees will be larger than 6 in. but not exceed­ 202.503d Taper thread plug gages having 60 charged dependent upon the na­ ing 8 in. in diameter, per surface.. threads—determination of half ture of the test. Optical reference plane—to an ac­ 120.00 angles to 3' to 15' depending on 202.505c curacy of ±0.0000005 in. for sizes pitch and diameter, lead error and larger than 8 in. but not exceed­ taper to 0.0001 in., pitch diameter ing 10 in. in diameter, per surface. to 0.0002 in., major diameter to § 202.504 Instruments and components. For special tests not covered by 175.00 0.0004 in., and thread form as to 202.505z the above schedule, fees will be clearance, for sizes over 10 in. to charged dependent upon the na­ 24 in., inclusive, each------Description Fee ture of the test. 202.503e Taper thread ring gages having 60 Item threads (except API Cable and Rotary gages)—determination of 202.504a Micrometer calipers—determina­ § 202.506 Angle blocks. angle to 3' to 15' depending on tion of errors at 10 points selected pitch and diameter, lead error to to test uniformity of graduations 0.0001 in., taper to 0.0002 in., as well as -ead errors. Also deter­ Description Fee minor diameter to 0.0005 in. (or mination of planeness and paral­ Item truncation of thread crest), lelism errors of contact surfaces, thread form as to clearance, and $54.00 standoff from mating plug to each______202.506a Calibration of set of AA grade angle 10.0002 in. for sizes up to 10 in. 202.504b Dial micrometers—d etermmation blocks consisting of one each of 71.00 of errors in each one-tenth revolu­ the following sizes: 1, 3, 5, 20, tion of the pointer for one revolu­ and 30"; 1, 3, 5, 20, and 30'; 1; 3, 202.603Í Taper thread ring gages having 60' tion and each half revolution up threads—determination of angle 38.00 5,15, 30, and 45°—determination to 3' to 15' depending on pitch to five revolutions, each------of flatness of faces, parallelism of and diameter, lead error to 0.0001 In the case of dial micrometers, the elements of surfaces and angle in., taper to 0.0002 in., minor accuracy obtainable depends on between faces. Accuracy of diameter to 0.0005 in. (or trunca­ the value of the smallest division angle between faces 0.6". Per tion of thread crest), thread form on the dial and on the mechanical $410.00 as to clearance, and standoff condition of the instrument as 202.506z For special tests not covered by the from mating plug to 0.0002 in. evidenced by the degree to which above schedule, fees will be it will repeat its indications. charged dependent upon the na­ for sizes over 10 in. to 24 in., in 115.00 202.504c Thread wires—determination of elusive, each______— diameter, straightness, and ture of the test. 202.503g API Cable and Rotary taper thread roundness o f each o f three wires in plug gages—determination of a set in accordance with NB8 dimensions specified in API specification for wires, and de­ § 202.507 Polygons. Standard 7, each------130.00 termination of mean diameter 202.503h API Cable and Rotary taper thread ring gages—determination of and C correction, for the best sizes of wires for standard 60° Description dimensions specified in API screw threads, from 2 to 120 Item Standard 7, each------89.00 threads per inch and for 29° Acme 202.503Í API Cable and Rotary tool con screw threads from 1 to 20 threads nection gages—determination of 6.00 Calibration of polygons—determi­ mating standoff and standoff per inch, per set of three wires--- nation of flatness of faces, varia­ 27.-00 202.504d Gear wires—determination of di­ from' grand master gages, per set. ameter, straightness, and round­ tion of the angles between faces 202.503j API sucker rod plug gages desig and the base of the polygon nated as PI, P5, P7, B2, and B6— ness of each of two wires in a set (where possible the polygon will determination of dimensions to an accuracy of ±0.000010 in., be adjusted for minimum varia­ per set.-- —■------8.00 tion) and the angle between faces. specified in API Standard 11B 36.00 202.504e Master wires—determination of each______-...... mean diameter, and straightness Accuracy of values for angles be­ 202.503h APT sucker rod plug gages desig to an accuracy of ±0.000005 in., tween faces ±0.5". nated as P3 and B4—determine 18.00 202.507a Polygons having 4, 5, or 6 sides, $205.00 tion of dimensions specified in 71.00 J202.504Í Penetration needles—test for com­ API Standard 11B, each...... pliance with ASTM specification 202.507b Polygons having 8, 9, or 10 rides, 235.00 202.5031 API sucker rod ring gages desig nated as P2, P6, P8, Bl, and B5— D6-61 without reporting actual 202.507c Polygons having 12 rides, each..... 295.00 dimensions, each------5.00 Polygons having 15 sides, each---- 355.00 determination of dimensions 202.504g Petroleum wax penetration nee- 202.507d 470.00 specified in API Standard 11B ¿les—test for compliance with 202.507e Polygons having 24 sides, each---- 600.00 each______36.00 ASTM Specification D1321-61T, 202.507Í Polygons having 36 sides, each---- 1,000.00 202.503m API sucker rod ring gages desig without reporting dimensions, 202.507g Polygons having 72 rides, each .._ nated as P4 and B3—determina 6.00 202.507z For special tests not covered by the tion of dimensions specified in above schedule, fees will he 59.00 202.504h Penetration needle numbering—all API Standard 11B, each----.... needles must have individual charged dependent upon the na­ 202.503n API sucker rod gages—determina identification numbers, needles ture of the test. tion of dimensions specified ir received without identification API Standard 11B for the inspec­ 4.00 tion of used gages, per set of any will be marked, each—. ------165.00 202.504Í Polariscope tubes—determination § 202.508 Master balls. 202.503o API buttress casing plug gages— of the average length of polari­ determination of dimensions scope observation tube and mark­ specified in API Standard 6B, ing with NBS serial number if length is within ±0.03 mm of Item Description for sizes up to 10 in., each------100.00 nominal length for 100 to 200 mm 202.503p API buttress casing plug gages— tubes and ±0.04 mm for 400 mm determination of dimensions 27.00 specified in API Standard 5B, tubes, each------—— 202.508a Steel or Carbide balls—determina­ 125.00 202.504z For special tests not covered by the tion of diameter to ±0.000050 in. $12.00 for sizes over 10 in., each------above schedule, fees will be 202.503a API buttress easing ring gages— for sizes from M« la- to 1 Jn-> e.ac"‘ determination of dimensions charged dependent upon the 202.508b Steel or Carbide balls—detMmina- specified in API Standard 5B, nature of the test. tion of diameter to ± 0.000010 in. 18.00 for sizes up to 10 in., each------82.00 for sizes from jd# in. to 1 in., each.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 RULES AND REGULATIONS 7379 are invited concerning other measure­ Description Fee ume III of NBS Handbook 77.1 Design, ment problems in the above areas. material, and surface finish of large mass (b) Additional services are available 202.608C Master balls—determination of di­ standards (over 50 lb. to 50,000 lb.) must ameter to ±0.000005 in. by com­ which include the formulation of pro­ be compatible with the intended usage. parison with NBS master and cedures (1) to establish a quantitative measurement of roundness of two For these large mass standards, an ad­ equators, for sizes from M in. to measure of the state of statistical con­ justment with reference to a nominal H in. by Hz in. steps and H in. trol in the user’s laboratory for measure­ or desired value can be included as a part to 1 in. by Ms in. steps. Tests ment processes which involve mass, (2) applied only on balls with diam­ of the calibration procedure. eter variation of 0.000005 in. or to enable the user to monitor his calibra­ (c) The values of true mass (and an less and deviation from nominal tion process, and (3) to assist in co­ size within ±0.000030 in., each__ $29.00 apparent mass correction) included in 202.508d Master balls—determination of ordinated evaluation of the results. The the report will be determined by using mean diameter from three inter­ nature of these services is described in ferometric readings to an accu­ computed volumes based either on the racy of ±0.000003 in. and meas­ NBS Technical Note 288 “Measurement manufacturer’s statement of density of urement of roundness of three Philosophy of the Pilot Program for Mass the material, on the density computed equators. For sizes up to 1 in. Calibration”.1 in diameter. Test made only on from measured volumes, or, in the ab­ balls with diameter variation of (c) Arrangements for calibration (or sence of this information, on estimated 0.000003 in. or less, each__ .'.1... 71.00 test) must be completed before shipping 202.1 For special tests not covered by the density values. The apparent mass cor­ above schedule, fees will be apparatus to the Bureau. While all of rections are computed for 20° C. with charged dependent upon the na­ the work of the section is on an actual ture of the test. reference to Normal Brass (density 8.4 cost basis, subject to a $25 minimum g/cm3 at 0° C., volume coefficient of ex­ charge, a mutual agreement on the work pansion 0.000054/C0 in an ideal air den­ § 202.509 Gears. to be performed generally results in sub­ sity of 1.2 mg/cm3. Apparent mass cor­ stantial savings for the user. Detailed rections to any other basis can be fur­ Item Description Fee packing and shipping instructions are nished if requested. available on request. Items not accepted (d) For periodic recalibrations of ref­ for calibration or test will be returned, 202.5 Tooth index measurement—cali­ erence mass standards, the user need bration results recorded in tape the cost of inspection or the m in im um form with each tooth location only measure differences between weights being represented by a plateau charge being applicable. or groups of weights within a set and and another tape taken simul­ (d) The results of a calibration (or compare them with computed differences. taneously of the reference diam­ test) will be reported either in a National eter location during the tooth As long as the agreement is within al­ index calibration. Gears, master Bureau of Standards Report of Calibra­ lowable limits, the values can be consid­ gears, gear cutters, and index tion or Test (which in many cases is plates, from 0.125 in. diameter to ered constant within the precision of the about 8.0 in. diameter and from prepared by a computer program), a con­ comparison process. Mass standards about 24 teeth to 500 teeth. The tinuation report, or a letter report. In maximum overall length of the which are submitted to the Bureau for part must be less than 3 in. each of these, the values reported are recalibration are frequently tested in this Suitable reference and calibration accompanied by an appropriate estimate manner. If these tests indicate that no surfaces must be available to of uncertainty (allowance for random obtain the estimated accuracy significant changes have occurred, a of ±3" of arc. and systematic errors) as determined continuation report so stating and re­ For 71 teeth or less, each______$190.00 by an analysis of the specific measure­ For 72 teeth or more, each______235.00 ferring to the previous NBS Report of The cost of any needed adaptors ment process. A continuation report is Calibration will be issued. will be added to the calibration used for those items submitted for re­ cost, if made by the Bureau. calibration on which preliminary tests 202.509Z For special tests not covered by the Item above schedule, fees will be indicate that no significant changes have Description Fee charged dependent upon the occurred since the last calibration. A nature of the test. letter report is usually used to report 202.631z For calibration of reference mass a test for compliance with a specification standards or supporting services Mass and Volume which states limits for the departure described in TN288 », fees will be computed on a cost basis. § 202.630 General. of the actual value from nominal. (a) The Mass and Volume Section pro­ § 202.631 Reference standards of mass. § 202.632 Reference standard volumet­ vides services to support the segments (a) The Bureau’s calibration of refer­ ric apparatus. of the national measurement system ence standards of mass provides exten­ (a) The procedure almost universally which rely directly or indirectly on mass sions of the mass unit embodied in the used for testing glass volumetric appa­ measurements. These services include NBS standards of mass. A normal cali­ ratus is to weigh the amount of distilled the calibration of reference standards bration consists of establishing a mass water contained or delivered with refer­ of mass, of glass and metal volumetric value, and the appropriate uncertainty ence to the graduations marked on the reference standards, and of reference for that value, for each weight which has instrument, the volume being computed standard hydrometers, also the density been designated to be a reference stand­ from the density of the water (for tables determinations of solids and liquids, and ard. It is desirable, but not necessary, see NBS Circular 19, available on re­ offered only if suitable service is not that a weight should meet the adjust­ quest) . The quality of the markings and otherwise available. In order to provide ment tolerances established for Classes the care exercised in reading or setting prompt and useful service, the accept­ A, B, M, S, or S -l. the liquid level are major factors in test ance of items for calibration or test is (b) Individual weights, or sets of calibration and usage. The Bureau will oased on discussions with each user to weights, in the range of 30 kilograms to normally accept instruments for calibra­ determine details necessary to meet 1 milligram or 50 pounds to 1 micropound tion which have volumes in the range of measurement and delivery requirements, in decimal subdivisions, which are desig­ and on inspection of the item at the 1 mm8 to 1 gallon, and which essentially nated as reference standards, must be conform to requirements contained in bureau with reference to its suitability of design, material, and surface finish ior the usage intended. Sections 202.- NBS Circular 602 “Testing of Glass Volu­ comparable to but not necessarily lim­ metric Apparatus”,1 Federal Procurement L3 .’, 2°2-632’ and 202.633 apply to the ited to present Class A, B, M, S, or S -l as Specifications NNN-B-00789 (Buret, aubration (or test) most frequently re­ described in Circulars 3 and 547 in Vol- quested in each measurement area. The straight, precision), NNN-F-00395a services of the section, however, are not 1 Available from Superintendent of Docu­ (Pipet, volumetric), NNN-P-00350a limited to these specific items. Inquiries ments, U.S. Government Printing Office, (Pipet, measuring), or NNN-F-00289a Washington, D.C. 20402. (Flask, volumetric), if such instruments

No. 95—Pt. II-----2 FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 7380 RULES AND REGULATIONS sealed prior to calibration, these opera­ (b) Specific gravity hydrometers are to be used as reference or transfer covering the range of 0.62 to 3, and proof standards. tions can be incorporated into the cali­ (1) Groups of blood pipets which are bration procedure if requested. Slicker spirit hydrometers in the range of 0 to used as factory standards for quality plate type standards should be adjusted 200 proof which are designated reference control will be accepted for test, and by the manufacturer. standard hydrometers (used to test other values will be furnished in a letter re­ hydrometers) are normally accepted for port. Item Description Fee calibration. A limited number of other (2) Suggested test procedures for the types of reference standard hydrometers verification of the compliance of preci­ 202.632z For calibration of reference stand- ard volumetric apparatus, fees will be accepted for multipoint calibra­ sion grade glassware with specifications will be computed on a cost basis. and tolerances are available on request. tion subject to a discussion of detailed (b) The usual calibration procedure requests. Instruments accepted must for metal volumetric apparatus consists § 202.633 Density determinations of liquids and solids. essentially comply with the requirements of determining the value “to contain” or of NBS Circular 555, "Testing of Hydron- “to deliver” by either gravimetric means (a) The usual procedure for deter­ or by the use of transfer standards. The mining the density of solids is hydro­ eters”.1 Bureau will normally accept instruments static weighing. At the Bureau liquid for calibration which have values in the densities are usually determined by Item Description Fee range of 1 gill to 1,000 gallons, which gravimetric methods. The picnometer can be filled at a specified temperature 202.633z For density determination of essentially comply with the specifications liquids or solids or the calibration contained in NBS Monograph 62, “Test­ between 0° and 70° C. Other methods of reference standard hydrometers ing of Volumetric Standards”,1 and are available depending on the require­ fees will be computed on a cost which are free from dents, bumps or ments. The Bureau will accept requests basis. scratch ps # for density determinations if the need is (1) While it is preferred that the zero critical, as in the support of scientific A. V. Astin, index or the gage scale be adjusted and studies or standard sample programs. Director. Limitations on the mass, physical di­ May 8,1967. iAvailable from Superintendent of Docu­ mensions or volume of the sample are [PJt. Doc. 67-5334; Filed, May 16, 1967; ments, U.S. Government Printing Office, 8:45 am.] Washington, D.0.20402. available on request.

FEDERAL REGISTER, VOL. 32, NO. 95— WEDNESDAY, MAY 17, 1967 «rs oof to ice 1er for 1er srs I ■ a- j cd j ist its n-