FEDERAL REGISTER VOLUME 35 « NUMBER 233 Wednesday, December 2,1970 • Washington, D.C. Pages 18309-18362

Agencies in this issue— Agricultural Research Service Atomic Energy Commission Civil Service Commission Domestic Commerce Bureau Emergency Preparedness Office Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Highway Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Internal Revenue Service International Commerce Bureau Interstate Commerce Commission Land Management Bureau Small Business Administration Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

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

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

Price: $6.75

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

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL®BEGISTER on the day after ah official Federal holiday), by the Office of the Federal Register, National AreaAran Codef« r l« 202 A\ »3«.... ,*y ^ phone 962-8626 Archives and Records Service, General Services Administration, Washington, D.C. 20408, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f F ederal R e g u l a t io n s , which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The C ode o f F ederal R e g u l a t io n s is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in th e F ederal R egister or the C ode o f F ederal R e g u la t io n s . Contents

AGRICULTURAL RESEARCH FEDERAL DEPOSIT INSURANCE FISH AND WILDLIFE SERVICE SERVICE CORPORATION Rules and Regulations Rules and Regulations Rules and Regulations Conservation of endangered spe­ cies and other fish and wildlife_18319 Hog cholera and other commu­ Interest on deposits; obligations nicable swine diseases; areas other than deposits______18314 quarantined (2 documents)— 18313 FOOD AND DRUG ADMINISTRATION AGRICULTURE DEPARTMENT FEDERAL HIGHWAY ADMINISTRATION Notices See Agricultural Research Serv­ Notices CIBA Pharmaceutical Co.; with­ ice. drawal of approval of new ani­ ATOMIC ENERGY COMMISSION National bridge inspection stand­ mal drug application______18349 ards; extension of closing date Massengill, S.E. Co.; notice of Notices for comments______18350 opportunity for hearing regard­ General Manager’s F Y 1971 En­ ing keraspray______18349 vironmental Statement; Under­ FEDERAL MARITIME ground Nuclear Test Programs, COMMISSION HAZARDOUS MATERIALS Nevada Test Site (Tests of One REGULATIONS BOARD Megaton or Less) ; notice of Notices availability______———- 18351 Mitsui O.S.K. Lines (Passenger) Proposed Rule Making Pacific Gas and Electric Co.; is­ Ltd., and Mitsui O.S.K. Lines, Transportation of hazardous ma­ suance of facility license amend­ Ltd.; issuance of certificates (2 terials: ment ______18350 documents)______— 18341 Bonding and grounding flam­ Portland General Electric Co., et mable liquid cargo tanks____ 18323 al.; application for construction Location of placard holders on permit and operating license— 18350 FEDERAL POWER COMMISSION tank cars___*______:______18323 CIVIL SERVICE COMMISSION Proposed Rule Making Schedules of fees to be paid by HEALTH, EDUCATION, AND Rules and Regulations electric public utility companies WELFARE DEPARTMENT Excepted service: and natural gas companies____ 18324 See Food and Drug Administra­ Economic Opportunity Office___ 18322 Notices tion; Social and Rehabilitation Health, Education, and Welfare Service. Department______18322 Hearings, etc.: Treasury Department______18322 Cumberland Natural Gas Co., In c — ______18343 INTERIOR DEPARTMENT COMMERCE DEPARTMENT El Paso Natural Gas Co______18341 See Fish and Wildlife Service; See Domestic Commerce Bureau; Florida Gas Transmission Co___ 18345 Land Management Bureau. International Commerce Bu­ Lone Star Gas Co______18344 reau. Pacific Lighting Exploration INTERNAL REVENUE SERVICE Co., et al— ______18341 DOMESTIC COMMERCE Southern California Edison Notices BUREAU C o ______18342 Certain officials; delegations of Texas Gas Transmission Corp. authority (9 documents) _ 18332-18335 Notices (2 documents)______18342,18346 Duty-free entry of scientific arti­ Texas Gas Transmission Corp., INTERNATIONAL COMMERCE cles (7 documents) 18338-18340 and Texas Gas Exploration Corp ______18346 BUREAU EMERGENCY PREPAREDNESS Transcontinental Gas Pipe Line Rules and Regulations OFFICE Corp., and Mid Louisiana Gas Export regulations; miscellaneous C o ______18346 amendments______18315 Rules and Regulations Trunkline Gas Co______18342 Federal disaster assistance; settle­ United Fuel Gas Co., and Ken­ ment of claims______18313 tucky Gas T r a n s m is s io n INTERSTATE COMMERCE C o r p ______18343 COMMISSION fed er a l a v ia t io n Rules and Regulations ADMINISTRATION FEDERAL RESERVE SYSTEM Car service (4 documents) _ 18318, 18319 Rules and Regulations Notices Notices Standard instrument approach First Security Corp.; order ap­ Fourth section application for procedures; m is cella n e o u s proving acquisition of ' bank re lie f------18361 amendments______18314 stock by holding company bank_ 18347 Motor carrier: First Virginia Bankshares Corp.; Applications and certain other fed er a l communications order approving acquisition of proceedings______18354 COMMISSION bank stock by bank holding Intrastate applications______18352 Notices company ______18348 Temporary authority applica­ Merrill Bankshares Co.; applica­ tions ______18352 Common carrier seryices informa­ tion for approval of acquisition Transfer proceedings (2 docu­ tion; domestic public radio of shares of bank______18347 ments)______18360, 18361 services applications accepted New Citizens Bank; order approv­ for filing------1.8328 ing merger of banks______18348 (Continued cm next page) 18311 18312 CONTENTS

LAND MANAGEMENT BUREAU SMALL BUSINESS SOCIAL AND REHABILITATION Notices ADMINISTRATION SERVICE California; classification of public Notices Notices lands for multiple-use manage­ Certain officials; delegations of Conformity of public assistance ment use____;______18335 authority (3 documents) _____ 18351 plan of Missouri with the So­ cial Security Act; amended no­ New Mexico; proposed withdrawal Puerto Rico and Virgin Islands; amendment to declaration of tice of hearing______18349 and reservation of lands; cor­ disaster loan area------18351 rection ______18336 TRANSPORTATION DEPARTMENT Nevada; correction of- proposed See also Federal Aviation Admin­ amendment to final classifica­ istration; Federal Highway Ad- > tion of public lands for multiple- ministration; Hazardous Ma­ use management______18338 terials Regulations Board. Utah: Rules and Regulations Classification of lands for mul­ Public availability pf information; tiple-use management------18337 change in title of official------18318 Modification of classification of lands for multiple-use man­ TREASURY DEPARTMENT agement ______18336 See Internal Revenue Service.

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

5 CFR 15 CFR 32 CFR 213 (3 documents)______18322 368 ______-______18315 1712______18313 369 ___ 18316 9 CFR 370 ______18316 49 CFR 372 __ 18316 7______■______18318 76 (2 documents)______18313 373 ______18316 1033 (4 documents)______18318,18319 376______18317 P roposed R ules; 12 CFR 386 ______18317 174______18323 329______18314 387 ______18317 177___ 18323

14 CFR 18 CFR 50 CFR 97...... 18314 P roposed R ules : 17...... 18319 3 18324 32______- ____ - ______18324 33______18324 34 ______18324 35 ____ 18324 36 _;______18324 45——______> .______— 18324 159-...... 18324 18313 Rules and Regulations

northerly direction to State Highway F; [D ocket No. 70-306] Title 32-NATIONAL DEFENSE thence, following State Highway F in a PART 76— HOG CHOLERA AND westerly direction to State Highway FF; Chapter XVII— Office of Emergency thence, following State Highway FF in a OTHER COMMUNICABLE SWINE Preparedness northerly direction to State Highway 18; DISEASES PART 1712— FEDERAL DISASTER AS­ thence, following State Highway 18 in an Areas Quarantined easterly direction to U.S. Highway 71; SISTANCE-SETTLEMENT OF CLAIMS thence, following U.S. Highway 71 in a Pursuant to provisions of the Act Administrative Collection Activity southerly direction to State Highway 18; of May 29, 1884, as amended, the Act of thence, following State Highway 18 in February 2, 1903, as amended, the Act Pursuant to the authority vested in an easterly direction to the dividing line of March 3, 1905, as amended, the Act me by the Act of July 19, 1966, 80 Stat. between Range 31W and Range 30W; of September 6, 1961, and the Act of 309, 31 U.S.C. 952; the Federal Disaster thence, following the dividing line be­ July 2,. 1962 (21 U.S.C. 111-113, 114g, Act, as amended (42 U.S.C. 1855- tween Range 31W and Range 30W in a 115, 117, 120, 121, 123-126, 134b, 134f), 1855hh); and 4 C.F.R. ch. II, § 1712.5 southerly direction to the Long Mound Part 76, Title 9, Code of Federal Regu­ (a) (3) and (4) are amended by delet­ Road; thence, following the Long Mound lations, restricting the interstate move­ ing the words “ by reason of the same Road in an easterly direction to the East ment of swine and certain products be­ disaster” in the first sentence of each Mound Creek; thence, following the west cause of hog cholera and other com­ subparagraph. bank of the East Mound Creek in a gen­ municable swine diseases, is hereby Dated: November 27,1970. erally southerly direction to the Johns- amended in the following respects: town-Butler Airport Road; thence, fol­ 1. In § 76.2, in paragraph (e) (15) re­ G . A . L i n c o l n , lowing the Johnstown-Butler Airport lating to tiie State of Texas, a new sub­ Director, Road in a westerly direction to its junc­ division (xx) relating to Eastland Office of Emergency Preparedness. tion with State Highway TT and U.S. County is added to read: [F.R. Doc. 70-16148; Filed, Dec. 1, 1970; Highway 71. (15) Texas. * * * 8:50 a.m .] (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, (xx) That portion of Eastland County 2, 32 Stat. 791-792, as am ended, secs. 1-4, bounded by a line beginning at the junc­ 33 Stat. 1264, 1265, as amended, sec. 1, 75 tion of the Eastland-Stephens County Stat. 481, secs. 3 and 11; 76 Stat. 130, 132; 21 line and State Highway 6; thence, fol­ Title 9— ANIMALS AND U.S.C. I l l , 112, 113, 114g, 115, 117, 120, 121, lowing State Highway 6 in a southeast­ 123-126, 134b, 134f; 29 F.R. 16210, as erly direction to Farm to Market Road am ended) ANIMAL PRODUCTS 2526; thence, following Farm to Mar­ Chapter I— Agricultural R esearch Effective date. The foregoing amend­ ket* Road 2526 in a westerly direction to Service, Department of Agriculture ment shall become effective upon Farm to Market Road 569; thence, fol­ issuance. lowing Farm to Market Road 569 in a SUBCHAPTER C— INTERSTATE TRANSPORTATION The amendment excludes portions of northerly direction to Farm to Market OF ANIMALS AND POULTRY Bates and Stoddard Counties in Missouri Road 1864; thence, following Farm to [Docket No. 70-305] from the areas quarantined because of Market Road 1864 in a southwesterly hog cholera. Therefore, the restrictions direction to the Eastiand-Callahan PART 76— HOG CHOLERA AND pertaining to the interstate movement of County line; thence, following the OTHER COMMUNICABLE SWINE swine and swine products from or Eastiand-Callahan County line in a DISEASES through quarantined areas as contained northerly direction to the Eastland- in 9 CFR Part 76, as amended, will not Shackelford County line; thence, follow­ Areas Quarantined apply to the excluded areas, but will con­ ing the Eastland-Shackelford County Pursuant to provisions of the Act of tinue to apply to the quarantined areas line in an easterly direction to the May 29, 1884, as amended, the Act described in § 76.2(e). Further, the re­ Eastland-Stephens County line; thence, of February 2, 1903, as amended, the strictions pertaining to the interstate following the Eastland-Stephens County Act of March 3, 1905, as amended, movement of swine and swine products line in an easterly direction to its junc­ the Act of September 6, 1961, and the from nonquarantined areas contained in tion with State Highway 6. Act of July 2, 1962 (21 U.S.C. 111-113, said Part 76 will apply to the excluded 2. In § 76.2, the reference to the State 114g, 115, 117, 120, 121 123-126, 134b, areas. of Virginia in the introductory portion 134f), Part 76, Title 9, Code of Federal The amendment relieves certain re­ of paragraph (e), and paragraph (e) Regulations, restricting the interstate strictions presently imposed and must (16) relating to the State of Virginia movement of swine and certain products be made effective immediately to be of are deleted. because of hog cholera and other com­ maximum benefit to affected persons. (Secs. 4-7, 23 Stat. 32, as am ended, secs. municable swine diseases, is hereby Accordingly, under the administrative 1, 2, 32 Stat. 791-792, as am ended, secs. amended in the following respects: procedure provisions in 5 U.S.C. 553, it is 1-4, 33 Stat. 2164, 1265, as am ended, sec. 1, In § 76.2, in paragraph (e) (9) relating found upon good cause that notice and 75 Stat. 481, secs. 3 and 11, 76 Stat. 130, to the State of Missouri, subdivision (i) other public procedure with respect to 132; 21 U.S.C. I l l , 112, 113, 114g, 115, 117, relating to Stoddard County is deleted, the amendment are impracticable and 120, 121, 123-126, 134b, 134f; 29 FJR. 16210, ajid subdivision (iii) relating to Bates unnecessary, and good cause is found for as amended) County is amended to read: making it effective less than 30 days after Effective date. The foregoing amend­ (iii) That portion of Bates County publication in the F e d e r a l R e g is t e r . ments shall become effective upon issu­ ance. bounded by a line beginning at the j unc­ Done at Washington, D.C., this 25th hon of the Johnstown-Butler Airport day of November 1970. The amendments quarantine a por­ Road, State Highway TT, and U.S. High­ tion of Eastland County, Tex., because way 71; thence, following State Highway F. J. M u l h e r n , of the existence of hog cholera. This ac­ i in a westerly direction to the divid- Acting Administrator, tion is deemed necessary to prevent fur­ SfxrUl i between 32W and Range Agricultural Research Service. ther spread of the disease. The restric­ l w ; thence, following the dividing line [F.R. Doc. 70-16116; Filed, Dec. 1, 1970; tions pertaining to the interstate move­ between Range 32W and Range 31W in a 8:48 a.m .] ment of swine and swine products from

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18314 RULES AND REGULATIONS or through quarantined areas as con­ the banking business.15 The term “obli­ a Federal Reserve Bank (or other imme- tained in 9 CFR Part 76, as amended, gations” includes but is not limited to: diately^available funds), commonly re­ will apply to the quarantined portion of Promissory notes, acknowledgments of ferred to as “Federal funds” , received such county. advance, due bills, repurchase agree­ by such dealer on the date of the loan The amendments also exclude a por­ ments, or similar obligations (written in connection with the clearance of tion of Isle of Wight County, Va., from or oral) ,18 securities transactions. the areas quarantined because of hog (b) Exceptions. The provisions of this 2. The purpose of this amendment is cholera. Therefore, the restrictions per­ Part 329 shall not apply to any obliga­ to bring all obligations other than de­ taining to the interstate movement of tion other than a deposit obligation of posits of insured nonmember banks swine and swine products from or an insured nonmember bank that: within the interest rate control provi­ through quarantined areas as contained (1) Is issued to (or undertaken with sions of Part 329 of the Corporation’s in 9 CFR Part 76, as amended, will not respect to ), and held for the account of, regulations if such obligations are issued apply to the excluded area, but will con­ (i) a bank,17 (ii) any organization the or undertaken for the purpose of obtain­ tinue to apply to the quarantined areas time deposits of which are exempt from ing funds to be used in the banking busi­ described in § 76.2(e). Further, the re­ § 329.6 pursuant to the provisions of ness and are not otherwise exempt under strictions pertaining to the interstate § 329.3(g), (iii) an agency of the'United § 329.10(b). movement of swine and swine products States or the Government Development 3. A notice of proposed rule making from nonquarantined areas contained in Bank for Puerto Rico; with respect to this amendment was said Part 76 will apply to the area ex­ (2) Evidences an indebtedness arising published in the F ederal R egister on cluded from quarantine. The amend­ from a transfer of direct obligations of, July 3, 1970 (35 F.R. 10868). Interested ments release Virginia from the list of or obligations that are fully guaranteed persons were given 30 days from the States quarantined because of hog as to principal and interest by, the date of publication to submit written cholera. United States or any agency thereof, data, views, or arguments thereon pursu­ that the bank is obligated to repurchase; ant to section 553(b) of title 5, United Insofar as the amendments impose (3) (i) Bears on its face, in bold-face certain further restrictions necessary to States Code, and §§ 302.1-302.5 of the type, the following: rules and regulations of the Federal De­ prevent the interstate spread of hog This obligation is not a deposit and is posit Insurance Corporation. The amend­ cholera, they must be made effective im­ not insured by the Federal Deposit mediately to accomplish their purpose ment was adopted by the Board of Direc­ Insurance Corporation; tors of the Federal Deposit Insurance in the public interest. Insofar as they re­ (ii) Has an original maturity of 7 Corporation after due consideration of lieve restrictions, they should be made years or more and is in an amount of at all relevant material, including com­ effective promptly in order to be of max­ least $500; ments received from interested persons. imum benefit to affected persons. (iii) States expressly that it is sub­ Accordingly, under the administrative (Sec. 9, 18(g), 64 Stat. 881-82, 83 Stat. 371; ordinated to the claims of depositors and 12 U.S.C. 1819, 1828(g)) procedure provisions in 5 U.S.C. 553, it is ineligible as collateral for a loan by is found upon good cause that notice the issuing bank; By order of the Board of Directors, and other public procedure with respect (iv) Is unsecured; and November 25, 1970. to the amendments are impracticable, (v) Has been approved by the Federal F ederal D eposit I nsurance unnecessary, and contrary to the public Deposit Insurance Corporation as an Corporation, interest, and good cause is found for addition to the bank’s capital structure.18 [ seal] E. F. D o w n e y , making them effective less than 30 days Provided, That the restrictions on ma­ Secretary. turity set forth in subparagraph (3) (ii) after publication in the F ederal [F.R. Doc. 70-16150; Filed, Dec. 1, 1970; of this section shall not apply to any 8:50 a.m .] R egister. obligation which otherwise meets all the Done at Washington, D.C., this 25th requirements in paragraph (3) of this section and with respect to which the day of November 1970. Federal Deposit Insurance Corporation Title 14— AERONAUTICS AND F. J. M tjlhern, has determined that exigent circum­ Acting Administrator, stances require the issuance of such obli­ Agricultural Research Service. gation without regard to the provisions SPACE [F.R. Doc. 70-16117; Filed, Dec. 1, 1970; of this Part 329; or Chapter I— Federal Aviation Adminis­ 8:48 a.m .] - (4) Arises from a borrowing by an in­ tration, Department of Transporta­ sured nonmember bank from a dealer in tion securities, for one business day, of pro­ ceeds of a transfer of deposit credit in [Docket'No. 10710, Arndt. 731] Title 12— BANKS AND BANKING PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Chapter III— Federal Deposit 15 The term “insured nonmember bank” includes insured nonmember m utual savings Insurance Corporation banks as defined in § 329.7(a). Recent Changes and Additions SUBCHAPTER B— REGULATIONS AND STATE­ X6The provisions of this section shall not This amendment to Part 97 of the Fed­ apply to any obligation of a bank which is MENTS OF GENERAL POLICY eral Aviation Regulations incorporates payable only at an office of the bank located by reference therein changes and addi­ PART 329— INTEREST ON DEPOSITS outside of the United States, the District of Columbia, Puerto Rico, Guam, and the tions to thé Standard Instrument Ap­ Obligations Other Than Deposits V irgin Islands. proach Procedures (SIAPs) that were ""The term “bank’» includes a member recently adopted by the Administrator to 1. Effective January 1, 1971, Part 329bank, a nonmember commercial bank, a sav­ promote safety at the airports concerned. of the rules and regulations of the Fed­ ings bank (mutual or stock), a building or The complete SIAPs for the changes savings and loan association or cooperative and additions covered by this amend­ eral Deposit Insurance Corporation (12 bank, the Export-Import Bank of the United CFR Part 329) is amended by the addi­ States, or a foreign bank. It also includes ment are described in FAA Forms 3139, tion of a new § 329.10 to read as follows: bank subsidiaries that engage in business 8260-3, 8260-4, or 8260-5 and made a in which their parents are authorized to part of the public rule making dockets of § 329.10 Obligations other than deposits. engage and subsidiaries the stock of which is the FAA in acordance with the proce­ (a) General. Except as provided inby statute explicitly eligible for purchase by dures set forth in Amendment No. 97-696 national banks. this section, the provisions of this Pärt (358F.R. 5610). 18 Capital notes or debentures issued by SIAPS are available for examination 329 shall apply to obligations other than insured nonmember banks are subject to the at the Rules Docket and at the National deposits that are issued or undertaken retirement provisions of section 1 8 (i)(l) of the Federal Deposit Insurance Act whether Flight Data Center, Federal Aviation Ad­ by insured nonmember banks for the or not such capital notes or debentures are ministration, 800 Independence Avenue purpose of obtaining funds to be used in exempt from the provisions of Part 329. SW., Washington, DC 20590. Copies ol

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 RULES AND REGULATIONS 18315

SIAPs adopted in a particular region Crescent City, Calif., Jack McNamara Field; Huntsville, Ala., Huntsville Madison County are also available for examination at the VOR/DME Runway 11, Amdt. 3; Revised. Jetport/Carl T . Jones Field; ILS Runway Crescent City, Calif., Jack McNamara Fieid; 18R, Am dt. 7; Revised. headquarters of that region. Individual V O R /D M E R u nw ay 35, Am dt. 3; Revised. Tampa, Fla., Tampa International Airport; copies of SIAPs may be purchased from Ephrata, Wash., Ephrata Municipal Airport; IL S R u nw ay 18L, Am dt. 27; Revised. the PAA Public Document Inspection VOR/DME Runway 2, Original; Estab­ Tampa, Fla., Tampa International Airport; Facility, HQ-405, 800 Independence Ave­ lished. ILS Runway 36L, Amdt. 2; Revised. nue SW, Washington, DC 20590, or from Old Town, Maine, Dewitt Field, Old Town 5. Section 97.31 is amended by estab­ the applicable PAA regional office in ac­ Municipal Airport; VOR/DME Runway cordance with the fee schedule pre­ 22, Am dt. 1; Revised. lishing, revising, or canceling the follow­ scribed in 49 CFR 7.85. This fee is pay­ Paso Robles, Calif., Paso Robles County Air- - ing Radar SIAPs, effective December 24, able in advance and may be paid by port; VOR/DME-A, Original; Established. 1970. Phoenix, Ariz., Phoenix Sky Harbor Munici­ check, draft, or postal money order pay­ pal Airport; VOR/DME Runway 8R, Amdt. Atlanta, Ga., Atlanta Airport; Radar-1, Amdt. able to the Treasurer of the United 4; Revised. 15; Revised. States. A weekly transmittal of all SIAP San Luis Obispo, Calif., San Luis Obispo Phoenix, Ariz., Phoenix Sky Harbor Municipal changes and additions may be obtained County Airport; VOR/DME T, Original; Airport; Radar-1, Amdt. 3; Revised. by subscriptions at an annual rate of Canceled. Tampa, Fla., Tampa International Airport; $125 per annum from the Superintendent Tracy, Calif., Tracy Municipal Airport, VOR/ R adar-1, Am dt. 2; Revised. of Documents, U.S. Government Printing DME-A, Original; Established. 6. Section 97.33 is amended by estab­ Office, Washington, DC 20402. 2. Section 97.25 is amended by estab­ lishing, revising, or canceling the follow­ Since a situation exists that requires lishing, revising or canceling the follow­ ing RNAV SIAPs effective December 24, immediate adoption of this amendment, I ing LOC-LDA SIAPs, effective December 1970. find that further notice and public pro­ 24, 1970. cedure hereon is impracticable and good Bremerton, Wash., Kitsap County Airport; cause exists for making i ^ effective in less Atlanta, Ga., Atlanta Airport; LOC (BC) RNAV Runway 1, Original; Established. than 30 days. R u n w ay 27L, Am dt. 5; Revised. Renton, Wash., Renton Municipal Airport; Tampa, Fla., Tampa International Airport; RNAV Runway 33, Original; Established. In consideration of the foregoing, Part LOC/DME (BC) Runway 18R, Original; 97 of the Federal Aviation Regulations is Established. (Secs. 307, 313, 601, 1110, Federal Aviation amended as follows, effective on the dates Tampa, Fla., Tampa International Airport; Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510, specified: LOC (BC) Runway 36R, Amdt. 13; sec. 6 (c ), Department of Transportation Act, 1. Section 97.23 is amended by estab­ Revised. 49 U.S.C. 1655(c) and 5 U.S.C. 552(a)(1)) lishing, revising, or canceling the fol­ 3. Section 97.27 is amended by estab­ Issued in Washington, v D.C., on lowing VOR-VOR/DME SIAPs, effec­ lishing, revising or canceling the follow­ November 20, 1970. tive December 24, 1970. ing NDB/ADF SIAPs, effective Decem­ Edward C. H odson, Aberdeen-Amory, Miss., Monroe County Air­ ber 24, 1970. port; VOR Runway 19, Amdt. 3; Revised. Acting Director, Atlanta, Ga., Atlanta Airport; VOR Runway Atlanta, Ga., Atlanta Airport; NDB Runway Flight Standards Service. 3, Amdt. 4; Revised. 9R, Amdt. 8; Revised. N ote : Incorporation by reference pro­ Atlanta, Ga., Atlanta Airport; VOR Runway Atlanta, Ga., Atlanta Airport; NDB Runway 27R, Am dt. 3; Revised. 9L, Am dt. 31; Revised. visions in §§ 97.10 and 97.20 approved by Atlanta, Ga., Atlanta Airport; VOR Runway Atlanta, Ga., Atlanta Airport; NDB Runway the Director of the Federal-Register on 27L, Am dt. 2; Revised. 27R, Am dt. 2; Revised. Atlanta, Ga., Atlanta Airport; NDB Runway May 12, 1969 (35 F.R. 5610). Bangor, Maine, Bangor International Air­ 27L, Am dt. 2; Revised. port; VOR Runway 15, Amdt. 3; Revised. [F.R. Doc. 70-16036; Filed, Dec. 1, 1970; Atlanta, Ga., Atlanta Airport; NDB Runway Bamesville, Ohio, Bradfield Airport; VOR 8:45 a.m .] 33, Am dt. 11; Revised. R unw ay 27, Am dt. 2; Revised. Bangor, Maine, Bangor International Airport; Crescent City, Calif., Jack McNamara Field; NDB Runway 33, Amdt. 1; Revised. VOR Runway 11, Amdt. 2; Revised. Bremerton, Wash., Kitsap County Airport; Ephrata, Wash., Ephrata Municipal Airport; NDB Runway 1, Amdt. 6; Reyised. VO R R unw ay 20, Am dt. 13; Revised. Title 15— COMMERCE AND Columbus, Ohio, Ohio State University Air­ Fortuna, Calif., Rohnerville Airport; VOR-1, port; N D B -A , Am dt. 3; Revised. Amdt. 1; Canceled. Denver, Colo., Arapahoe County Airport; FOREIGN TRADE Fortuna, Calif., Rohnerville Airport; VOR NDB (A D F)-l, Original; Canceled. Runway 11, Original; Established. Chapter III— Bureau of International Denver, Colo., Arapahoe County Airport; Jackson, Miss., Hawkins Field; VOR-A, Amdt. NDB Runway 10, Original; Established. Commerce, Department of Commerce 11; Revised. Martinsville, Va., Blue Ridge Airport; NDB-A, Martinsville, Va., Blue Ridge Airport; VOR- SUBCHAPTER B— EXPORT RGULATIONS Amdt. 1; Revised. A, Original; Established. Old Town, Maine, Dewitt Field, Old Town [13th Gen. Rev. of Export Regs., Amdt. 11] Moab, Utah, Canyonlands Airport; VOR-A, Municipal Airport; NDB Runway 22, Amdt. Original; Established. 1; Revised. MISCELLANEOUS AMENDMENTS TO Northampton, Mass., LaFleur Airport; VOR- Phoenix, Ariz., Phoenix Sky Harbor Municipal SUBCHAPTER A, Amdt. 1; Revised. Airport; NDB-A, Original; Established. Old Town, Maine, Dewitt Field, Old Town Phoenix, Ariz., Phoenix Sky Harbor Munic­ Parts 368, 369, 370, 372, 373, 376, 386, Municipal Airport; VOR-A, Amdt. 5; ipal Airport; NDB (ADF) Runway 26R, and 387 of the Code of Federal Regula­ Revised. Am dt. 2; Canceled. Paso Robles, Calif., Paso Robles County Air­ tions are amended to read as set forth San Francisco, Calif., San Francisco Inter­ port; VOIt-A, Original; Established. national Airport; NDB Runway 19L, Orig­ below. Paso Robles, Calif., Paso Robles County Air­ inal; Established. (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. port; VOR R—133, Amdt. 5; Canceled. Tampa, Fla., Tampa International Airport;-' 10945, 26 F.R. 4487, 3 C FR 1959-1963 Comp.; Phoenix, Ariz., Phoenix Sky Harbor Munici­ N D B R unw ay 18L, Am dt. 26; Revised. E.O. 11038, 27 F.R. 7003, 3 C F R 1959-1963 pal Airport; VOR Runway' 26L, Amdt. 15; Revised. Tampa, Fla., Tampa International Airport; C om p) NDB Runway 36L, Amdt. 8; Revised. San Luis Obispo, Calif., San Luis Obispo Effective date: November 27, 1970. County.Airport; VOR-A, Original; Estab­ 4. Section 97.29 is amended by estab­ lished. lishing, revising, or canceling the follow­ R auer H. M eyer, Tampa, Fla., Tampa International Airport; ing ILS SIAPs, effective December 24, Director, VOR Runway 9, Amdt. 4; Revised. Office of Export Control. Twin Falls, Idaho, Twin Falls City-County 1970. (Joslin Field); VOR Runway 7, Original; Atlanta, Ga., Atlanta Airport; ILS Runway Established. 9R, Amdt. 12; Revised. PART 368— U.S. IMPORT CERTIFICATE Twin Falls, Idaho, Twin Falls City-County Atlanta, Ga., Atlanta Airport; ILS Runway (Joslin Field); VOR Runway 25, Amdt. 10; 9L, Am dt. 37; Revised. AND DELIVERY VERIFICATION PRO­ Revised. Atlanta, Ga., Atlanta Airport; ILS Runway CEDURE Bangor, Maine, Bangor International Air­ 33, Am dt. 15; Revised. port; V O R /D M E R u nw ay 33, O riginal; Bangor, Maine, Bangor International Air­ In § 368.2 paragraph (a) (9), subdivi­ Established. port; IL S R unw ay 33, Am dt. 4; Revised. sion (ii) is amended to rèâd as follows:

FEDERAL REGISTER, V O L 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18316 RULES AND REGULATIONS

§ 368.2 International import certificate. to most destinations are examined to as­ known or reported to the undersigned at any certain whether validated license con­ future time by any party to the export trans­ (a) * * * action. (9) Delivery, sale, or transfer of trols should be extended to additional country groups. While each study must, commodities to another U.S. pur­ (Signature of transferor) chaser. * * * of necessity, vary in content because of the nature of the commodity under re­ (B y ) (ii) Resale or transfer to another U.S.view, the following factors are generally purchaser on transferee requires the taken into account concerning each (T itle ) prior approval of the Office of Export commodity: Contrql only in cases where the buyer (1) Its essential features (distinguish­ (D a te) or transferee is listed in Supplement No. ing physical or operating characteristics; * * * * * 1 to Part 388, Table of Denial and Pro­ variations between types, models, grade, bation Orders. However, the person who etc. ; and the technical and strategic obtained the international import certifi­ significances of these differences). PART 373— SPECIAL LICENSING cate is required to notify the Office of (ii) Its civilian uses. PROCEDURES Export Control of any change in facts or intentions relating to the transaction, (iii) Its military or military-support Sections 373.3 (e )(1 ) (iv), and (1), uses. and in all cases that person is held re­ 373.4(h) (1) and (3), 373.5(d), 373.7(j), sponsible for the delivery of the com­ (iv) Its end-use pattern in the United and 373.8(f) (1) are amended to read as modities in accordance with the export States. set forth below. control-regulations. The seller or trans­ (v) Its technological state of develop­ In § 373.3 paragraph (e )(1 ) subdivi­ feror is therefore required in all cases to ment. (Whether it involves a new prod­ sion (iv) and paragraph (1) are amended secure, prior to sale or transfer, and to uct and represents the current state of to read as follows: retain in his files for 2 years, written ac­ the art. Whether it contains advanced § 373.3 Distribution license. technology that can feasibly be ceptance by the purchaser or transferee * * * * * of (a) all obligations undertaken by, and extracted.) (e) Action on license applica­ imposed under the export control regula­ (vi) Its availability abroad (whether tions. * * * tions upon, the holder of the certificate; the same or a comparable commodity (1) * * * and (b) an undertaking that all subse­ is available from other non-Communist quent sales or transfers will be made sub­ countries and where and by whom. (iv) Table of denial and probation ject to the,same conditions. Whether the foreign product is manu­ orders. The licensee under a distribution ♦ * * * * factured abroad with U.S.-origin tech­ license is responsible for furnishing nology or components). promptly to each approved consignee, (2) The Department welcomes recom­ other than an end-user of the commodi­ PART 369— RESTRICTIVE TRADE mendations from the export trade as to ties, current reprints of the “Table" of PRACTICES OR BOYCOTTS commodities that warrant review. Such Denial and. Probation Orders Currently recommendations should, " if possible, in Effect” (see Supplement No. 1 to Part Section 369.4 is amended to read as 388) and each addendum thereto. The follows: identify the commodity by CCL number and provide information regarding uses licensee is responsible for reproducing § 369.4 Effect o f other provisions. (military or military support vs. civilian) any addendum to the “ Table of Denial and foreign availability in sufficient de­ and Probation Orders Currently in Insofar as consistent with the provi­ Effect” as provided in Export Control sions of this part, all of the provisions of tail to permit thorough evaluation in ac­ cordance with the guidelines set forth Bulletins. Copies of these reprints, gener­ the export control regulations, including ally issued semiannually, may be ob­ Parts 387 and 388, apply equally to the above. Brochures or other literature pertaining to the production or avail­ tained without charge from the Office of reporting requirement set forth in Export Control. § 369.2. Attention is called particularly to ability abroad of a comnarable commod­ the provisions of § 387.11 under which ity will prove most helpful. ***** pertinent records must be kept and made ***** (1) Records. * * * available for inspection for a 2-year (3) All records regarding a sale or period. PART 372— INDIVIDUAL VALIDATED reexport by a distributor who is an ap­ proved consignee under a distribution LICENSES AND AMENDMENTS PART 370— EXPORT LICENSING GEN­ license shall be retained by the distribu­ ERAL POLICY AND RELATED INFOR­ In § 372.13 paragraph (c )(l)(i), id) tor for a period of 2 years from the date is amended to read as follows: of sale or reexport. As a minimum, these MATION records shall contain for each sale or § 372.13 Special provisions for transfer reexport the following: In § 370.1, paragraphs (b), (c), (d ), o f licenses to another party. and (e) are redesignated (c), (d ), (e), * * * ■ * * (i) Pull name and address of indi­ and (f ) respectively and a new paragraph vidual or firm to whom sale or reexport (b) is established to read as follows: (c) Information from transferor and was made; form of request— (1) Less than 15 li­ § 370.1 General policy. (ii) Pull description of each com­ censes. (i) When requesting the transfer modity sold or reexported; * * * * * of less than 15 outstanding licenses, the (b) Continuing review of commodityoriginal licensee shall submit: (iii) Units of quantity or value of each controls. (1) In accordance with the pro­ ***** commodity sold or reexported; and visions of the Export Administration Act (d) The following certification: ***** of 1969, it is the pplicy of the Depart­ In § 373.4(h) subparagraphs (1) and ment of Commerce to conduct a continu­ The undersigned hereby certifies that, if license num ber(s)______is (are) transferred (3) are amended to read as set forth ing review of commodities under its li­ in accordance with my (our) request, any below: censing jurisdiction to assure that vali­ and all documents evidencing the order cov­ § 373.4 Foreign-based warehouse proce­ dated export licenses are required for the ered by this (these) license(s) will be made dure. purposes cited in paragraph (a) of this available upon demand and will be retained section. Particular emphasis is placed in by me (us) for a period of 2 years from the * * * * • the Act on the review of commodities time of the export from the United States, (h) Records and reports. (1) The controlled for national security reasons. or any known reexport, transshipment, or U.S. exporter shall retain for 2 years diversion, or any other termination of the In this connection, commodities presently from the date of validation or return, one transaction whether formally in writing or copy of each validated Fonn PC-143 and under validated license control are re­ by any other means, whichever is later. The PC-243, or any such form that was not viewed to determine whether such con­ undersigned will promptly report to the Of­ fice of Export Control any material or sub­ approved by the Office of Export Control, trol is still warranted; commodities that stantive changes in the terms of the order at his office in the United States and one may be exported under general license and any other facts of the export transaction copy at his distributor's office abroad

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 RULES AND REGULATIONS 18317 from which the distribution of the the provisions' of § 387.11, upon request, PART 386— EXPORT CLEARANCE foreign-based stock is controlled. by officials of the U.S. Government. As In § 386.3(m ), subparagraph (2) is a minimum, the record of each reexport * * • • • amended to read as set forth below: (3) All records regarding a distribu­ shall show: § 386.3 Shipper’s export declaration. tion, sale, or reexport from a foreign- ***** based stock under this procedure (in­ In § 373.8(f), subparagraph (1) is ***** cluding distributions to government amended to read as set forth below: (m) Validated license number or agencies under the provisions of para­ general license designation. * * * § 373.8 Aircraft and vessel repair station (2) Exports under a general license. graph (c) (3) of this section shall be procedure. retained at the office from which the In addition to the commodity descrip­ ***** distribution is controlled for a period of tion, the general license designation 2 years from the date of distribution. In (f) Records and reports. (1) Any shall be shown in the commodity de­ addition, the original of the Swiss Blue foreign importer approved under this scription column of the declaration. If Import Certificates and reproduced procedure shall maintain records, in the the commodity to be exported under the copies of the original Yugoslav End-Use detail set forth below, of commodities general license is shown on the com­ Certificates obtained in accordance with imported from the United States and modity control list under an export con­ the requirements of this procedure shall supplied to aircraft or vessels. These trol commodity number that is also used also be retained by the distributor for records shall be kept for a period of 2 for one or more commodity entries under a period of 2 years from the date the years from the date the commodities are validated license control to Country commodities are distributed. As a mini­ supplied to such aircraft or vessel and Group T and/or V, the general license mum, these records shall contain for shall be made available for inspection, designation shall be followed by the ital­ each distribution the following: upon demand, by the Office of Export icized digit(s) in parentheses that fol­ (1) Validated Form FC-243 number Control or any accredited representative low (s) the export control commodity assigned to the customer; of the U.S. Government. In the event the number. For example, hand type still (ii) Full description of each com­ foreign importer is prohibited by govern­ cameras, fixed focus, are classified on the modity distributed from the foreign- mental regulation or statute from per­ commodity control list under Export based stock; mitting a U.S. Government representa­ Control Commodity No. 86140 (8). The (iii) Units of quantity or value of each tive to inspect his records, the Office of commodity control list shows a number commodity distributed; and Export Control will consider granting of other entries under No. 86140, and the a waiver of this requirement and the (iv ) Date of shipment. figure (8) indicates that this is the substitution therefor of a calendar * * *. * * eighth entry under that number. A l­ quarterly report setting forth the in­ though the commodity control list shows Section 373.5(d) is retitled, the intro­ formation contained in the records. Süch that these cameras may be exported to ductory paragraph is designated para­ request for waiver shall be part of the Country Groups T and V under the pro­ graph (1), and paragraphs (1), (2), (3), submission of Form FC-43 to the Office visions of General License G-DEST, it (4), and (5) are redesignated (i), (ii), of Export Control, and shall include a also shows a number of other commodi­ (iii), (iv ), and (v) respectively, and a citation to the governmental regulation ties under No. 86140 that may not be. new subparagraph (2) is added to read or statute prohibiting the inspection of Therefore, an exporter who wishes to as follows: records, together with a certification export cameras of the above-mentioned § 373.5 Periodic requirements (P R L ) that a calendar quarterly report, con­ type under the provisions of General license. „ taining the information specified below, License G-DEST should enter “ G-DEST ***** will be submitted to the Office of Export (8 ) ” in the commodity description col­ (d) Application procedure— (1) Appli­ Control if the waiver request is granted. umn of the declaration. As another ex­ cation form. An application for a PRL * * * * * ample, chlorendic alkyd resins are license shall be prepared and submitted classified on the commodity control list on Form FC-419, Application for Export under Export Control Commodity No. License (Rev. January 1966 or later), PART 376— SPECIAL COMMODITIES 58110(9), which means that these resins with Form FC-420. Application Process­ POLICIES AND PROVISIONS are in the ninth entry under that export ing Card,1 attached, in accordance with In § 376.8(b), subparagraph (2) is control commodity number. While this instructions contained in § 372.4(a) ex­ amended to read as set forth below: commodity may not be exported to any cept as modified below: destination under the provisions of Gen­ ***** § 376.8 Aircraft and equipment, parts, eral License G-DEST, a shipment valued accessories, and components therefor. at not more than $500 may be made to (2) Supporting documentation. An ♦ * * * * application for a PR L license shall be any destination in Country Group V un­ supported by the following for each - (b) * * * der the provisions of General License consignee, where the destination is in (2) Records. The airline that provides GLV. Therefore, an exporter intending Country Group V: a Form FC-843, Mul­ the U.S. commodities shall maintain to export to France a shipment of chlor­ tiple Transactions Statement by Con­ records in the detail set forth below, for endic alkyd resins are valued at not more signee and Purchaser, an Import Certifi­ a period of 2 years from the date of the than $500 under the provisions of Gen­ cate, or other documentation, whichever transaction. These records shall be avail­ eral License GLV should enter “ GLV is required by the provisions of Part 375 able for inspection, upon demand, by the (9) ” in the commodity description col­ for the commodity and destination in­ U.S. Department of Commerce, a U.S. umn of the declaration. cluded on the PRL application. Foreign Service post, or any other ac­ * * * * * ***** credited representative of the U.S. Gov­ In § 373.7(j), the introductory text is ernment. In the event the' airline is pro­ PART 387— ENFORCEMENT amended to read as set forth below: hibited by foreign government regula­ tion, or statute from permitting a U.S. In § 387.11, paragraphs (c) and (e) § 373.7 Service supply (S L ) procedure. Government representative to inspect its are amended to read as follows: * * * * * records, the airline shall submit a report (j) Records. A U.S. exporter is re­ of such transactions at the end of each § 387.11 Recordkeeping. quired to maintain records of all exports calendar quarter during which pne or * * * * * for a period of 2 years in accordance with more transactions occur. The report shall (c) Records to be kept. The records the provisions of §387.11. A foreign- be sent to the Office of Export Control to be kept pursuant to this § 387.11 shall oased service facility or a foreign manu- (Attention: 852), U.S. Department of include memoranda, notes, correspond­ acturer is required to retain records of Commerce, Washington, DC 20230. As a ence, books, export control documents, of ,r®exports made under the provisions minimum, the records and reports shall and other written matter pertaining to oi this SL procedure for a period of 2 include the 'following information for the transactions described in paragraph oK?rS*an(*. make all such records avail- each transaction: (a) of this section, which may be made te for inspection in accordance with or obtained by a person described in

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 No. 233------2 18318 RULES AND REGULATIONS

paragraph (b) of this section. In ad­ The official formerly designated as Effective date. This amendment shall dition to the records required to be kept “ Director, Information Services” has become effective at 11:59 pan., Novem­ by this § 387.11, the provisions of §§ 368.2, now been designated, “Director, Office ber 28,1970. 372.5, 372.6, 373.3, 373.4, 373.5, 373.6, of Public Affairs” and this amend­ (Secs. 1, 12, 15, and 1 7(2), 24 Stat. 379, 383, 373.7, 373.8, 374.7, 376.8, 386.3, and 386.6 ment makes appropriate changes in 384, as amended; 49 U.S.C. 1, 12, 15, and 17 of the export control regulations require paragraph 5. (2). Interprets or applies secs. 1(10-17), certain records to be made and kept by Since this amendment merely deletes 15(4), and 17(2), 40 Stat. 101, as amended persons in the United States or abroad obsolete regulatory material and relates 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and in connection with export transactions. to agency organization, management, 1 7 (2 )) The revocation or revision of any such and persoiinel, notice of rule making and It is further orderedJ That copies of provision of the export control regula­ public procedure thereon are not re­ this amendment shall be served upon the tions which requires the making and quired and the action may be made Association of American Railroads, Car keeping of records shall not be retro­ effective less than 30 days after its Service Division, as agent of the rail­ active in effect unless specifically pro­ publication. roads subscribing to the car service and vided and shall not affect the original In consideration of the foregoing, per diem agreement under the terms of requirement to keep such records for the paragraph 5 of appendix C of Part 7 prescribed period. that agreement; and that notice of this of the regulations of the Office of the order shall be given to the general pub­ * * * • * * Secretary of Transportation is amended lic by depositing a copy in the Office of (e) Period of retention. Records re­effective December 2, 1970, to read as the Secretary of the Commission at quired to be kept under this § 387.11 shall follows: Washington, D.C., and by filing it with

be kept for a period of 2 years1 from, A p p e n d ix C— F ederal A v ia t io n the Director, Office of the Federal whichever is later, the time of: (1) The A dministration Register. export from the United States;" or (2) * * * * * Any known reexport, transshipment, or By the Commission, Railroad Service diversion; or (3) Any other termination 5. Reconsideration of determination not Board. to disclose records. Any person to whom seal obert swald of the transaction, whether formally in a record is not made available within a [ ] R L. O , writing or by any other means. reasonable time after his request, and any Secretary. * * * * * person who has been notified that a record [F.R. Doc. 70-16160; Filed, Dec. 1, 1970; [F.R. Doc. 70-16113; Filed, Dec. 1, 1970; he has requested cannot be disclosed, may 8:51 a.m .] 8:47 a.m .] apply, in writing, to the Director, Office of Public Affairs at FAA Headquarters, for re­ consideration of that request. For all pur­ [Second Rev. S.O. 1037] poses, including that of judicial review, the decision of the Director, Office of Public PART 1033— CAR SERVICE Title 49— TRANSPORTATION Affairs is administratively final as the de­ cision of the Federal Aviation Administrator. Distribution of Boxcars Subtitle A— Office of the Secretary of * * * * * Transportation At a session of the Interstate Com­ (Sec. 9, Department of Transportation Act; merce Commission, Railroad Service [Docket No. 10713; Am dt. TC-2J 49 U.S.C. 1657; 5 U.S.C. 552. Section 7.1(c) Board, held in Washington, D.C., on the of the regulations, of the Office of the Sec­ 19th day of November 1970. pa rt 7— pu blic availability o f retary of Transportation; 49 CFR 7.1 (c )) INFORMATION It appearing, that an acute shortage Issued in Washington, D.C., on No­ of plain boxcars exists on the Bangor and Appendix C— Federal Aviation vember 24, 1970. Aroostook Railroad Co. and the Maine Administration J. H. Shaffer, Central Railroad Co.; that shippers lo­ Administrator. cated on lines of these carriers are being Change in T itle of Certain O fficial deprived of such cars required for load­ [F.R. Doc. 70-16094; Filed, Dec. 1, 1970; The purpose of this amendment to 8:46 a.m ,] ing, resulting in a very severe emergency; appendix C of Part 7 of the regulations that present rules, regulations, and prac­ of the Office of the Secretary of Trans­ tices with respect to the use, supply, con­ portation (49 CFR Part 7) is to reflect a Chapter X— Interstate Commerce trol, movement, distribution, exchange, change in the title of the official in the Commission interchange, and return of boxcars owned by these railroads are ineffective. Federal Aviation Administration to SUBCHAPTER A— GENERAL RULES AND It is the opinion of the Commission that whom application is made for reconsid­ REGULATIONS eration of a decision not to disclose an emergency exists requiring immediate records of the FAA. [S.O. 1025; Am dt. 5] action to promote car service in the in­ Paragraph 5 of appendix C provides terest of the public and the commerce of PART 1033— CAR SERVICE the people. Accordingly, the Commission that any person to whom a record is not finds that notice and public procedure made available within a reasonable time Regulations for Return of Covered are impracticable and contrary to the after his request, and any person who Hopper Cars public interest, and that good cause has been notified that a record he has At a session of the Interstate Com­ exists for making this order effective requested cannot be disclosed, may apply, merce Commission, Railroad Service upon less than 30 days’ notice. in writing, to the Director, Information Board, held in Washington, D.C., on It is ordered, That: Services at FAA Headquarters, for re­ the 23d day of November 1970. consideration of the request and that for § 1033.1037 Service Order No. 1037. all purposes, including that of judicial Upon further consideration of Serv­ ice Order No. 1025 (34 F.R. 7451, 9870; (a) Distribution of boxcars. Each review, the decision of this official is common carrier by railroad subject to administratively final as the decision of 35 F.R. 894, 5334) as amended, and the Interstate Commerce Act shall ob­ the Federal Aviation Administrator. good cause appearing therefore: It is ordered, That § 1033.1025 Service serve, enforce, and obey the following Order No. 1025 (Regulations for return rules, regulations, and practices with re­ 1 Persons subject to this regulation may of covered hopper cars) be, and it is spect to its car service: find it advisable to retain their records longer hereby, amended by substituting the fol­ (1) Return to owners empty, except as than the mandatory 2-year retention pe­ otherwise authorized in subparagraphs riod because the statute of limitations (title lowing paragraph (f) for paragraph (f) 18, U.S.C. sec. 3282) perm its crim inal actions thereof: (2) and (3) of this paragraph all plain to be brought under the Export Adminis­ (f) Expiration date. This order shallboxcars which are listed in the Official tration Act of 1969, and its predecessor Act, expire at 11:59 p.m., May 31, 1971, un­ Railway Equipment Register, I.C.C. within 5 years and administrative compli­ ance proceedings may be brought more than less otherwise modified, changed, or sus­ R.E.R. 377, issued by E. J. McFarland, or 3 years after alleged violations. pended by order of this Commission. reissues thereof, as having mechanical

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 l RULES AND REGULATIONS 18319 designation XM, owned by the Bangor (Secs. 1, 12, 15, a n d 1 7 (2 ), 24 Stat. 379, 383, 16933) as amended, and good cause ap­ and Aroostook Railroad Co. and the 384, as am ended; 49 U.S.C. 1, 12, 15, and 17 pearing therefor: Maine Central Railroad Co. (2). Interprets or applies secs. 1 (10-17), I t is ordered, That: § 1033.1050 Serv­ 15(4) and 17(2); 40 Stat. 101, as amended ice Order No. 1050 (Demurrage and De­ (2) Boxcars described in subpara­ 54 Stat. 911; 49 U.S.C. 1 (1 0 -1 7 ), 1 5 (4 ), and graph (1) of this paragraph located in 1 7 (2 )) tention Charges on Open-Top Hopper States other than Connecticut, Massa­ Cars) be, and it is hereby, amended by chusetts, Maine, New Hampshire, Rhode I t is further ordered, That this order substituting the following paragraph (i) Island, or Vermont may be loaded to any shall become effective at 11:59 a.m., No­ for paragraph (i) thereof: station in Connecticut, Massachusetts, vember 23, 1970, that copies of this or­ (i) Expiration date. This order shall Maine, New Hampshire, Rhode Island, or der and direction shall be served upon expire at 6:59 a.m., January 1, 1971, Vermont. the Association of American Railroads, unless otherwise modified, changed, or (3) Boxcars described in subpara­ Car Service Division, as agent of the suspended by order of this Commission. graph (1) of this paragraph, located in railroads subscribing to the car service the States of Connecticut, Massachu­ and per diem agreement under the terms Effective date. This amendment shall become effective at 6:59 a.m., Decem­ setts, Maine, New Hampshire, Rhode of that agreement; and that notice of Island, or Vermont may be loaded to sta­ the order shall be given to the general ber 1, 1970. tions on the lines of the car owner only if public by depositing a copy in the O f­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, routed via the car owning railroad. fice of the Secretary of the Commission 384, as am ended; 49 TJ.S.C. 1, 12, 15, and (4) No common carrier by railroad at Washington, D.C., and by filing it 17(2). Interprets or applies secs. 1(10-17), 15(4), and 17(2), 40 Stat. 101, as amended subject to the Interstate Commerce Act with the Director, Office of the Federal Register. 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and shall accept from shipper any loaded 1 7 (2 )) boxcar for movements contrary to the By the Commission, Railroad Service provisions of subparagraph (2) and sub- Board. It is further ordered, That copies paragraph (3) of this paragraph. of this amendment shall be served upon (b) Application. The provisions of this [ s e a l ] R o b e r t L . O s w a l d , the Association of American Railroads, Secretary. order shall apply to intrastate, interstate, Car Service Division, as agent of the and foreign commerce. [P.R.-Doc. 70-16159; Piled, Dec. 1, 1970; railroads subscribing to the car service (c) Effective date. This order shall 8:51 a.m .] and per diem agreement under the terms become effective at 11:59 p.m., Novem­ of that agreement; and that notice of ber 28, 1970. [Rev. S .0 .1050; Arndt. 1] this order shall be given to (he general (d) Expiration date. This order shall public by depositing a copy in the Office expire at 11:59 p.m., May 31,1971, unless PART 1033— CAR SERVICE of the Secretary of the Commission at Washington, D.C., and by filing it with otherwise modified,' changed, or sus­ Demurrage and Detention Charges on pended by order of this Commission. the Director, Office of the Federal Open-Top Hopper Cars Register. (Secs. 1, 12, 15, and 17 (2 ), 24 Stat. 379, 383, 384, as amended; 49 TJ.S.C. 1,12,15, and 1 7 (2 ). At a session of the Interstate Com­ By the Commission, Railroad Service Interprets or applies secs. 1(10-17), 15(4), merce Commission, Railroad Service Board. and 17(2), 40 Stat. 101, as am ended 54 Stat. Board, held at its office in Washington, [ s e a l ] R o b e r t L . O s w a l d , 911, 49 TJ.S.C. 1(10-17), 15(4), and 17(2)) D.C., on the 23d day of November 1970. Secretary. It is further ordered, That a copy of Upon further consideration of Re­ [P.R. Doc. 70-16161; Piled, Dec. 1, 1970; this order and direction shall be served vised Service Order No. 1050 (35 F.R. 8:51 a.m .] upon the Association of American Rail­ roads, Car Service Division, as agent of all railroads subscribing to the car serv­ ice and per diem agreement under the Title 50— WILDLIFE AND FISHERIES terms of that agreement; and that notice of this order be given to the general pub­ Chapter I— Bureau of Sport Fisheries and Wildlife, Fish and Wildlife Service, lic by depositing a copy in the Office of Department of the Interior the Secretary of the Commission at Washington, D.C., and by filing it with SUBCHAPTER B— HUNTING AND POSSESSION OF WILDLIFE the Director, Office of the Federal PART 17— CONSERVATION OF ENDANGERED SPECIES AND Register. OTHER FISH OR WILDLIFE By the Commission, Railroad Service Board. List of Endangered Foreign Fish and Wildlife

[ s e a l ] R o b e r t L . O s w a l d , By notice of proposed rule making published in the F e d e r a l R e g is t e r on July 30, Secretary. 1970 (35 F.R. 12222-12225), notice was given that it was proposed to amend appendix A to Part 17 of Title 50 CFR by adding additional names to the list of foreign en­ [F.R. Doc. 70-16158; Piled, Dec. 1, 1970; dangered species. i 8:51 a.m .] Interested persons were invited to submit their views, data, or arguments regard­ ing the proposed amendment to the Director, Bureau of Sport Fisheries and [N in th Rev. S. O. JL041-A] Wildlife, Department of the Interior, Washington, D.C. 20240, within 30 days follow­ ing the date of the publication of the notice. All relevant matters presented have PART 1033— CAR SERVICE been considered and the proposal is adopted as published, except that the following mainmals are deleted from the list as it was proposed: Distribution of Boxcars At a session of the Interstate Com­ Common name Scientific name Where found merce Commission, Railroad Service Board, held in Washington, D.C., on the Spider monkey...______Ateles geoffroyi geoffroyi______Guatemala Spider monkey...... Ateles geoffroyi ornatus______Costa Rica 23d day of November 1970. Kafuelechwe______Kobus leche kafuensis_____ ; ...... Zambia Upon further consideration of Ninth i 7ftASed Service 0 rder No. 1041 (35 F.R. For good cause found in that 30 days were provided to receive public comment on there! ’ and g0°d cause appearing said proposal which has in fact been available for review for more than 80 days, and after continuing consultation thereon, it is determined that further notice and It is ordered, That: § 1033.1041 Service public procedure thereon are impracticable, unnecessary, and contrary to the public Order No. 1041 (distribution o f boxcars) interest and this amendment shall become effective upon publication in the F e d e r a l „ : ,and it is hereby, vacated and set R e g is t e r . aside. Accordingly, Appendix A of 50 CFR 17 as amended reads as follows:

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18320 U. S. L ist of E ndangered F oreign F ish and Wildlife Mam m als— Continued

The list of endangered foreign fish and wildlife has been compiled from data supplied by international conservation Common name Scientific name Where found organizations, foreign fish and wildlife agencies, individual scientists, and trade sources. If a candidate species is not listed, it may be because it is not endangered throughout its range or because there is insufficient evidence to warrant its inclusion on the list at this time. The list is under continual review. Factual data are welcome and should be sub­ Bowhead whale... Balena mysticetus_____ . Oceanic. mitted. The “Where found” column is a general guide to the native countries or regions where the named animals are Right whales__ _ Eubalaena spp...... Do. found. It is not intended to be definitive. The use of a trinomial (third name) in the Scientific Name indicates there Blue whale...... Balaenoptera musculus. Do. are one or more subspecies of the animal which are not endangered. Spern) whale_____ Physter catodon...... Do. Finback whale__ Balaenoptera musculus. Do. Mamm als Sei whale...... D o...... Do. Humpback whale. Megaptera spp...... Do. Gray whale______Eschrichtius glaucus__ . Do. Northern kit fox.. Vulpes velox hebes_____ . Canada. Commpn name Scientific name Where found Asiatic wild dog.. Cuon alpinus______. U.S.S.R., India. (Central and Southeast Asia); Mexican grizzly bear______Ursus arctos nelsoni...... Mexico. Formosan yellow-throated marten. Martes flavigula chrysospila______. Formosa. Southern planigale...... *...... Planigale tenuirostris...... Australia. Black-footed ferret...... Mustela nigripes______. United States, Canada; Little planigale______Planigale subtilissima______Do. Cameroun clawless otter...... Paraonyx microdon..______. Cameroons. Dibbler...... Antechinus apicalis...... D o; La Plata otter...... Lutra platensis...... Uruguay, Argentina, Bolivia, Large desert marsupial-mouse____ Sminthopsis psammophila...... Do. Brazil, Long tailed marsupial-mouse______Sminthopsis longicaudata...... Do. Maned wolf...... Chrysocyon brachyurus______. Brazil, Bolivia, Paraguay, Eastern jerboa-marsupial...... Antechinomys laniger...... Do. Argentina. Tasmanian tiger___ ... ______Thylacinus cynocephalvs_____ ¡______.... Do. Giant otter____ j ...... Pteronura brasiliensis______. South America. Rusty numbat...... Myrmecobius fasciatus rufus...... Do. Barbary hyaena...... Hyaena hyaena barbara...... Morocco. Barred bandicoot...... Perameles bougainville...... Do. Brown hyaena______...... Hyaena brunnea____ ...... Southern Africa. Rabbit-bandicoot...... Macrbtis lagotis...... Do. Asiatic cheetah...... Acinonyx jubatus venaticus...... U.S.S.R., Afghanistan, Iran, Lesser rabbit-bandicoot...... Macrotis leUcura...... Do. Pakistan (formerly India, Iraq, Pig-footed bandicoot...... Chaeropus ecaudatus_____ .... ______.... Do. . and Saudi Arabia). Mountain pigmy-possum...... Burramys parvus...... Do. Spanish lynx______Felis lynx pardina...... Spain. Barbary serval...... Felis servatconstantina______. Algeria.

Scaly-tailed possum______Wyulda squamicaudata______.... Do. REGULATIONS AND RULES Barnard’s wombat...... Lasiorhinus barnardi...... Do. Formosan clouded leopard...... Neofelis nebulosa brachyurus. . Formosa; Brush-tailed rat-kangaroo...... Bettongia venicillata...... Do. Asiatic lion...... Panthera leo persica....___ _ . India. Lesueur’s rat-kangaroo...... Bettongia lesueur______,______Do. Sinai leopard..______Panthera pardus jarvisi_____ . Sinai, Saudi Arabia; Queensland rat-kangaroo...... Bettongia tropica______Do. Barbary leopard______Panthera pardus panthera... . Morocco, Algeria, Tunisia; Plain rat-kangaroo______Caloprymnus campastris...... — Do. Anatolian leopard...... Panthera pardus tulliana____ . Lebanon, Israel, Jordan, Turkey, Banded hare-wallaby...... Lagostrophus fasciatus...... Do. Syria. Western hare-wallaby...... Lagochestes hirsutus______,------Do. Bali tiger______Panthera tigris balica____ . Bali (Indonesia). Rridled nail-tail wallaby...... Onyrhogalea frénala...... Do. Javan tiger...... Panthera tigris sondaica. . Indonesia. Crescent nail-tail wallaby______Onychogalea lunata...... Do. Caspian tiger...... Panthera tigris rirgata.. . Russia, Afghanistan, Iran; Parma wallaby...... Macropus parma...... Do. Sumatran tiger...... Panthera tigris sumatrae. . Indonesia. Cuban solenodon...... Atopogale cubana...... Cuba. Mediterranean monk seal...... Monachus monachus___ . Mediterranean, Northwest Haitian solenodon...... ______Solenodon paradoxus______Dominican Republic. African coast, and Black Sea. Lemurs—all species...... Lemuridae, all members of the genera Madagascar and Comoro Dugong...... -...... Dugong dugon...... East Africa to Ryukyu Islands; Lemur, Hapalemur, Lepilemur, Cheiro- Islands. West Indian (Florida) manatee___ Trichechus manatus_____ . Caribbean, northern South galeus, Microcebus. Phaner. America. Indris, sifakas, avahis—all species.. Indriidae, all members of the genera Indri, Do. Amazonian manatee______Trichechus inunguis...... Amazon Basin. Avahi, Propithecus. Asian wild ass______Equus hemionus_____ .... _ Pakistan, Iran, India, China, Aye-aye...... Baubentonia madagascariensis.....______; Madagascar. Afghanistan, Central Asia. Spider monkey...... Ateles geoffroyi frontatus...... Costa Rica, Nicaragua. African wild ass______'...... Equus asinus...... Ethiopia, Somalia, Sudan. ; D o ...... '...... Ateles geoffroyi panamensis...... Costa Rica, Panama. Mountain tapir______Tapirus pinchaque______. Colombia, Ecuador, Peru. Red-backed squirrel monkey___.. . Saimirí oerstedii ( Saimirí sciureus oerstedii)... Do. Brazilian tapirs...... Tapirus terrestris...... Venezuela, Argentina, Brazil, Woolly spider monkey______Brachyteles arachnoides______Brazil. Colombia. White-nosed'saki...... Chiropotes albinasus______Do. Central American tapir...... Tapirus bairdii ...... , . Southern Mexico to Colombia Uakari—all species______Cacajao spp.------'..------Peru, Colombia, Venezuela, and Ecuador. Brazil, Ecuador. Sumatran rhinoceros....1______Bidermoceros sumatrensis. . Southeast Asia—East Pakistan Goeldi’s marmoset...... Callimico goeldii______... ____ ... Brazil, Colombia, Ecuador, to Vietnam to Indonesia, Peru. Borneo. Golden-ramped tamarin, golden- Leontideus spp------Brazil. Javan rhinoceros...... Rhinoceros sondaicus...... Indonesia, Burma, Thailand; headed tamarin, golden lion Great Indian rhinoceros______Rhinoceros unicornis______. India, Nepal. marmoset. Northern white rhinoceros___ . . ... Ceratotherium simum cottoni. . Congo (Kinshasa), Uganda, Lion-tailed macaque...... Macaco silenus...... India. Sudan, Central African Tana River matigabey______Cercocebus galeritus galeritus. Kenya. Republic. Doue langur...... Pygathrix nemaeus...... Indochina (Hainan Island), Pygmy hog...... Sus salvanius...... India, Nepal, Bhutan, Sikkim; China. Vicuna______.... _____ Vicugna vicugna...... Peru, Bolivia, Argentina. Pagi Island/langur...... i...... Simias concolor...... Indonesia. Swamp deer...... Census duvauceli...... India, Nepal. Red colobus...... Colobus badius rufomitratus. Kenya. Kashmir stag, hanguL...... Census elaphus hanglu...... _ Kashmir. Zanzibar red colobus...... Colobus badius kirkii...... Zanzibar (Tanzania). Barbary stag...... Census elaphus barbarus...... Tunisia, Algeria; Kloss’ gibbon...... Hylobates klossi..'...... Indonesia. McNeill’s deer...... Census elaphus macneilli_____ i___ . China, Tibet. . Tibet, Bhutan. Pileated gibbon...... r ...... Hylobates pileatus...... Laos, Thailand, Cambodia. Shou ______*...... Census elaphus waUichi...... Orangutan...... I ...... Pongo pygmaeus...... Indonesia, Malaysia, Brunei. Brow-antlered deer, Eld’s deer. Census eldi...... India, Southeast Asia; Gorilla...;...... 1...... Oorilla gorilla...... Central and Western Africa. Persian fallow deer...... Bama dama mesopotamica...... Iraq, Iran. Brazilian three-toed sloth...... Bradypus torquatus...... Brazil. Bawean deer______... Helaphus kuhli ( Census kuhli)...... Indonesia. Pink fairy armadillo...... Chlamyphorus truncatus____ Argentina. Marsh deer...... Blastocerus dichotomus...... Argentina, Uruguay, Brazil, Volcano rabbit...... Romerolagus diazi______Mexico. Paraguay. Mexican prairie dog...... Cynomys mexicanus______Do. Sonoran pronghorn...... Antilocapfa americana sonoriensis. , Mexico, United States. False water-rat...... Xeromys myoides...... Australia. Black-faced impala...... Aepyceros melampus petersi...... Southwest Africa, Angola; New Holland mouse...... Pseudomys novaehollandiae.. Do. Swayne’s hartebeest...... Alcelaphus buselaphus swaynei___ . Ethiopia. Shark Bay mouse...... Pseudomys praeconis____.... Do. Anoa...... Anoa depressicomis.. . . . ______. Indonesia. Shortridge’s mouse...... Pseudomys shortridgei______Do. Tamaraw...... Anoa mindorensis______. Philippines. Smoky mouse______Pseudomys fumeus______Do. Wood bison...... Bison bison athabascae.....___ ... . Canada. Western mouse______Pseudomys ocddentalis___ ... Do. Seladang (gaur)..______...... Bos gaurus___ ...______. India, Southeast Asia, East Field’s mouse..______Pseudomys fieldi______Do. Pakistan. Thin-spined porcupine______Chaetomys subspinosus. . . . . Brazil. Wild yak.....__ ... ______Bos grunniens mutus...___...... Tibet, India. M a m m a l s — Continued Birds—Continued

Common name Scientific name Where found Common name Scientific name Where found

Kouprey...... : Bos sauveli...... Cambodia. Eskimo curlew...... Numenius borealis...... Canada to Argentina. Banteng:...... __ Bibos banteng...... Southeast Asia. Audouin’s gull—...... Larus audouinii...... Mediterranean. Pyrenean ibex...... Capra pyrenaica pyrenaica. Spain. California least tern...... Sterna albifrons browni...... Mexico, United States. (. Walia ibex...... Capra walie...... Ethiopia. Cloven-feathered dove______Brepanoptila holosericea...... New Caledonia. Rio de pro dama gazelle_____ Gazella dama lozanoi______Spanish Sahara. Chatham Island pigeon...... Hemiphaga novaeseelandiae chathamensis. New Zealand. Mhorr gazelle...... Qazella dama mhorr______Morocco. Azores wood pigeon...... Columba palumbus azorica...... Azores. Moroccan dorcas gazelle...... __ Gazella dorcas massaesyla.. Morocco, Algeria. Grenada dove...... Leptotila w ellsi...... Grenada (West Indies). Cuvier’s gazelle...... Gazella cuvieri...... Morocco, Tunisia. Palau ground dove...... Gallicolumba canifrons...... Palau Islands (Marianas). Slender-horned gazelle, Rhim, Gazella leptbceros...... Sudan, Algeria, Egypt, Libya. Ochre-marked parakeet...... Pyrrhura cruentata...... Brazil. Loder’s gazelle. Kakapo...... Strigops habroptilus...... New Zealand. Black lechwe...... Kobus leche smithemani___ Zambia. Red-browed parrot. ______Amazona rhodocorytha...... Brazil. Arabian Oryx______Oryx leucoryx...... Arabian Peninsula. Bahamas parrot...... Amazona leucocephala bahamensis...... Bahamas. Clark’s gazelle, dibatag...... Ammordorcas clarkii...... Somalia, Ethiopia. St. Vincent parrot...... Amazona guildingiil^f. it I...... St. Vincent (West Indies). St. Lucia parrot...... Amazona versicolor...... St. Lucia (West Indies). Imperial parrot...... Amazona imperialism...... ; _____ Dominica (West Indies). Birds Night parrot...... Geopsittacus occidentalis...... Australia. Turquoise parakeet...... Neophema pulchella...... \ Do. Orange-bellied parrot...... Neopheina chrysogaster...... ' Do. Galapagos penguin...... Spheniscus mendiculus...... Galapagos. Scarlet-chested parrot...... Neophema splendida...... Do. Arabian ostrich...... Struthio camelus syriacus...... Jordan or Saudi Arabia. Beautiful parakeet...... Psephotus pulcherrimus...... Do. West Africaikostrich. . . : ...... Struthio camelus spatzi____ !____ ...... Spanish Sahara. Paradise parakeet...... Psephotus chrysopterygius...... Do. Darwin’s rhea...... Pterocnemia pennata...... Argentina, Peru, Uruguay, Forbes’ parakeet..______Cyanoramphus auriceps forbesi...... New Zealand. Bolivia. Mauritius ring-necked parakeet___ Psittacula krameri echo...... — .. Mauritius. Atitlan grebe...... Podilymbus gigas...... Guatemala. Thicked-billed parrot...... Rhynchopsitta pachyrhyncha...... Mexico, United States. Short-tailed albatross...... Diomedea albatrus...... Japan. Red-faced malkoha...... Phaenicophaeus pyrrhocephalus...... Ceylon. Cahow...... Pterodroma cahow...... Bermuda. Seychelles owl...... Otus' insularis______Seychelles.

Brown pelican...... ______Pelecanus occidentalis...... Mexico, United States, Panama, Palau owl______Otus podargina...... Palau Islands. REGULATIONS AND RULES Puerto Rico, etc. Mrs. Morden’s owlet______Otus ireneae...... Kenya. Chinese egret...... Egretta eulophotes...... China, Korea. Anjouan scops owl...... Otus rutilus capnodes...... Comoro Islands. Oriental white stork...... Ciconia ciconia boyciana...... Japan, Korea, China, U.S.S.R. Long-taile^ ground roller__ Uibtelornis chimaera...... Madagascar. Japanese crested ibis_____...... Nipponia nippon...... Japan, Korea, U.S.S.R., China. Imperial woodpecker___ :. J Campephilus imperialis...... Mexico. Aleutian Canada goose_____...... Branta canadensis leucopareia...... Japan, United States. Ivory-billed woodpecker.... Campephilus principalis...... Cuba, United States. White-winged wood duck I ______Cairina scutulata...... India, Thailand, Malaysia, Tristram’s woodpecker.___ Dryocopus javensis richardsi...... Korea. Burma, Indonesia (to include Euler’s flycatcher;...... Empidonax euleri johnstonei______Grenada, West Indies. Java). New Zealand bush wren___ Xenicus longipes...... New Zealand. American peregrine falcon...... Falco peregrinus anatum.. Canada, United States, Mexico. Noisy scrub-bird...... Atrichornis clamosus...... Australia. Arctic peregrine falcon...... Falco peregrinus tundrius. Do. Ponape Mountain starling.. Aplonis pelzelni...... '...... Ponape Island (Carolines). Christmas Island goshawk______Accipiter fasciatus natalis. Christmas Island (Indian Rothschild’s starling...... Leucopsar rothschildi...... Bali (Indonesia). Ocean). Kokako...... Callaeas cinerea...... New Zealand. Anjouan Island sparrow hawk____ Accipiter francesii pusillus...... Comoro Islands. Piopio...... Turnagra capensis...... Reunion Island. Galapagos hawk______J...... Buteo galapagoensis...... Galapagos. Reunion cuckoo shrike...... Coquus newtoni...... Do. Monkey-eating eagle...... Pithecophaga jefferyi^...... Philippines. Mauritius cuckoo shrike___ Coquus typicus...... Mauritius. Spanish imperial eagle______Aquila heliaca adalberti...... Spain, Morocco, Algeria. Guadeloupe house wren___ Troglodytes aedon guadeloupensis...... Guadeloupe (West Indies). Grenada hook-billed kite...... Chondrohierax uncinatus mirus. Grenada (West Indies). St. Lucia wren...... Troglodytes aedon mesoleucus...... St. Lucia, West Indies. Cuba hook-billed kite—...... Chondrohierax wilsonii...... Cuba. Martinique brown trembler. Cinclocerthia ruficauda gutturalis...... Martinique (West Indies). Ande’an condor...... Vultur gryphus...... Colombia to Chile, Argentina. White-breasted thrasher___ Ramphocinclus brachyurus______Martinique, St. Lucia. Seychelles kestrel...... 1...... Falco araea...... Seychelles. Mauritius olivaceous bulbul Hypsipetes borbonicus olivaceus...... Mauritius. Mauritius kestrel...... Falco p u n cta tu s ...... •______Mauritius. Cebu black shama...... Copsychus niger cebuensis______Philippines. Horned guan...... Oreophasis derbianus...... Guatemala, Mexico. Seychelles magpie-robin...... Copsychus seychellarum...... Seychelles. Trinidad white-headed curassow... Pipile pipile pipile...... Trinidad. Western whipbird______Psophodes nigrogularis______Australia. Red-billed curassow Crax blumenbachii. Brazil. Western bristlebird...... Dasyornis brachypterus longirostris...... Do. LaPerouse’s megapode___ _ Megapod.ius laperouse...... Palau, Marianas. Eyrean grass-wren...... Amytornis goyderi...... Do. M aleo...... Macrocephalon maleo...... Celebes (Indonesia). Palau fantail...... Rhipidura lepida______Palau. Masked bobwhite...... Colinus virginianus ridgwayi. United Statte, Mexico. White-necked rock-fowl____ Picathartes gymnocephaliis...... Togo to Sierra Leone. White-eared pheasant...... Crossoptilon crossoptilon____ China, Tibet, India. Grey-necked rock-fowl...... Picathartes oreas...... Cameroon. Brown-eared pheasant____ Crossoptilon mantchuricum.. China. i Reed warbler...... Acrocephalus Insània...... Marianas Islands. Chinese monal...... Lophophorus Ihuysii...... Do. Rodriguez warbler...... Bebrornis rodericanus...... Rodriguez Island (Indian Sclater’s monal...... Lophophorus sclateri...... China, Burma, India. . Ocean). Edward’s pheasant...... Lophura edwardsi...... South Vietnam. Seychelles warbler...... Bebrornis secheUensis...... Seychelles. Imperial pheasant...... Lophura imperialis...... Vietnam. Scarlet-breasted robin...... Petroica multicolor multicolor. Norfolk Island (Australia). Swinhoe’s pheasant...... Lophura swinhoii...... Formosa. Chatham Island robin...... Petroica tr aver si...... New Zealand. Palawan peacock pheasant. Polyplectron emphanum...... Philippines. Tahiti flycatcher...... Pomarea nigra nigra...... Tahiti. Mikado pheasant...... Syrmaticus mikado...... Formosa. Tinian monarch...... Monarcha takatsukasae______Tinian Island (Marianas). Bar-tailed pheasant...... Syrmaticus humiae______Burma, China. Helmeted honeyeater...... Meliphaga cassidix______Australia. Blyth’s tragopan___:______Tragopan blythii. Burma, China, India. Seychelles black flycatcher______Terpsiphone corvjna...... Seychelles. Cabot’s tragopan...... Tragopan caboti...... China. Seychelles white-eye...... Zosterops modestus...... Do. Western tragopan...... Tragopan melanocephalus. India, West Pakistan. Ponape great white-eye...... Rukia sanfordl...... Ponape (Carolines). Whooping crane______Grus americana______Canada, United States. Semper’s warbler...... Leucopeza semperi...... St. Lucia (West Indies). J apanese crane...... Grus japonensis ...... Japan, China, Korea, U.S.S.R. Bachman’s warbler______Vermivora bachmanii...... Cuba, United States. Siberian white crane...... Grus leucogeranus...... Siberia to India. Barbados yellow warbler...... Dendroica petechia petechia... Barbados (West Indies). Hooded crane...... Grus monachus______Japan, U.S.S.R. Kirtland’s warbler____ r ...... Dendroica kirtlandii...... Bahamas, United States. Auckland Island rail...... Rallus pectoralis mueUeri.. New Zealand. Seychelles fody...... Foudia sechellarum...... Seychelles. Kagu...... Rhynochetos jubatus...... New Caledonia. Sao Miguel bullfinch...... Pyrrhula pyrrhula murina___ Azores. Great Indian bustard______Choriotis nigriceps...... India, Pakistan. Slender-billed grackle...... Cassidix palustris...... Mexico. New Zealand shore plover...... Thinornis novae-seelandiae New Zealand. 18321

FEDERAL REGISTER, VOL. 35, NO. I— WEDNESDAY, DECEMBER 2, 1970 18322 RULES AND REGULATIONS

A m phibians and R eptiles PART 213— EXCEPTED SERVICE

Common name Scientific name Where found Department of the Treasury

Israel painted frog...... Discoglossus nigriventer______Israel. Section 213.3305 is amended to show Stephen Island frog------Lelopelma hamiltoni______New Zealand. that one position of Confidential As­ River terrapin, tun tong______Batagur baska______... Burma, India, Indonesia, Malaysia, Pakistan.. sistant to the Secretary is excepted under Galapagos tortoise...... Testudo elephantopua______Calapagos (Eduador). Madagascar radiated tortoise___ 7eatu4oradiata.±....______Madagascar. Schedule C. Effective on publication in Hawksblll turtle...... Eretmochelya imbricata______Tropical seas. the F ederal R egister, subparagraph (34) Leatherback turtle______Dermochelya coriacea______Tropical and temperate seas. Atlantic ridley turtle______Lepidochelya kempii______Mexico. is added under paragraph (a) of South American river turtle___ Podocnemia expanaa______Orinoco and Amazon River Basins. § 213.3305 as set out below. Do-..— ...... — ------Podocnemia unifilia______Do. Short-necked or swamp tortoise Paeudemydura umbrina___ |______..... ___ Australia. § 213.3305 Department o f the Treasury. Yacare______. ------¿... Caiman yacare______Bolivia, Argentina, Peru, Brazil. Orinoco crocodile______Crocodylua intermedius______Orinoco River drainage. (a) Office of the Secretary. * * * Cuban crocodile...______Crocodylua rhombifer______Cuba. Morelet’s crocodile______Crocodylua moreletii______Mexico, British Honduras, (34) One Confidential Assistant to the Guatemala. Secretary. Nile crocodile______Crocodile niloticu a.....______Africa. Gavial—- ...... Oavidlia gangeticua______... _____ Pakistan. ***** Round Island day gecko...... Phelauma guentheri______Mauritius. Day gecko...... Phelauma newtoni...____ ... ______Do. Barrington land lizard______Conolophua pallidua... ___ '. _____ ...... ___ Galapagos. (5 U.S.C. 3301, 3302, E.O. 10577; 3 C FR 1954- Tuatara..______Sphenodon punctatua______New Zealand. 58, Comp., p. 218) Jamaica boa...... Epicratea aubflavua...... k______Jamaica. Anegada ground iguana______Cyclura pinguia______Anegada Island. U nited S tates Civ il Serv­ ice Comm ission, F ish [ seal] James C. Sp r y , Executive Assistant to Ala balik______Salmo platycephalus______.... _____ Turkey. Cicek...... Acanthorutilua handlirachi...... Do. the Commissioners. Miyako tanago__ Tanakia tanago...... ____ Japan. Ayumodoki_____ Hymenophyaa carta______I______Do. [F.R. Doc. 70-16132; Filed, Dec. 1, 1970; Mexican blindcat Ptietella phreatophila..______Mexico. 8:49 a.m .] Nekogigi—...... Coreobagrua ichikawai ______Japan. Giant catfish___ Pangaaianodon gigas ______Thailand. Catfish_____ .... Pangaaiua aanitwongaei______Do. PART 213— EXCEPTED SERVICE Molltjsk Office of Economic Opportunity Mollusk.______^______Papustyla pulcherrina. Manus Island (Ad niralty Section 213.3373 is amended to show Island). that the position of Confidential Staff

(16 U.S.C. 668aa et seq.) Assistant to the Executive Secretary (interdepartmental activities) is ex­ Effective date. Upon publication in the F ederal R egister. cepted under Schedule C. Effective on Sam uel B e n ja m in , Acting Director, Bureau of publication in the F ederal R egister, Sport Fisheries and Wildlife. subparagraph (26) is added to para­ N ovember 24, 1970. graph (a) of § 213.3373 as set out below. [F.R. Doc. 70-16173; Filed, Dec. 1, 1970; 8:51 a.m.] § 213.3373 Office of Economic Oppor­ - § 213.3216 Department of Health, Edu­ tunity. Title 5— ADMINISTRATIVE cation, and W elfare. (a) Office of the Director. * * * * * * * * (26) One Confidential Staff Assistant (c) Not to exceed 10 positions of HEW PERSONNEL to the Executive Secretary (interdepart­ Chapter I— Civil Service Commission Fellows in grades GS-11 through 15. Em­ ployment under this authority may not mental activities). PART 213— EXCEPTED SERVICE extend beyond 1 year. ***** ***** Department of Health, Education, and (5 U.S.C. 3301, 3302, E.O. 10577; 3 C F R 1954r- (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- Welfare 58, Comp., p. 218) 58, Comp., p. 218) Section 213.3216 is amended to show U nited States Civ il Serv­ U nited S tates Civ il Serv­ that not to exceed 10 positions of HEW ice Comm ission, ice Comm ission, Fellows in grades GS-11 through 15 are [ seal] James C. Sp r y , [ seal] James C. Sp r y , excepted under Schedule B. Employment Executive Assistant to Executive Assistant to under this authority may not extend be­ 4 the Commissioners. the Commissioners. yond 1 year. Effective on publication in the F ederal R egister, paragraph (c) is [F.R. Doc. 70-16131; Filed, Dec. 1, 1970; [F.R. Doc. 70-16133; Filed, Dec. 1, 1970; added under § 213.3216 as set out below. 8:49 a.m .] 8:49 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18323 Proposed Rule Making

Issued in Washington, D.C., on Novem­ (c) Bonding and grounding cargo DEPARTMENT OF ber 25, 1970. tanks prior to and during transfer of C a r l V . L y o n , lading. (1) When cargo tanks are loaded TRANSPORTATION Acting Administrator, or unloaded through open filling holes, Federal Railroad Administration. one end of a bond wire shall be con­ Hazardous Materials Regulations [F.R. Doc. 70-16091; Filed, Dec. 1, 1970; nected to the stationary system piping or Board 8:45 a.m .] integrally connected steel framing, and the other end to the shell of the cargo [ 49 CFR Part 174 1 tank so as to provide a continuous elec­ [Docket No. HM-66; Notloe No. 70-22] I 49 CFR Part 177 3 trical connection. (If bonding is to the [Docket No. HM-65; Notice No. 70-21] framing, it is essential that piping and TRANSPORTATION OF HAZARDOUS framing be electrically interconnected.) MATERIALS TRANSPORTATION OF HAZARDOUS This connection must be made before MATERIALS any filling hole is opened, and must re­ Location of Placard Holders on Tank main in place until after the last filling Cars Bonding and Grounding Flammable hole has been closed. Additional bond The Hazardous Materials Regulations Liquid Cargo Tanks wires are not needed around all-metal Board is considering amending § 174.549 The Hazardous Materials Regulations flexible or swivel joints, but are required to remove the requirement for location Board is considering amending the De­ for nonmetallic flexible connections in of side placards near the center of tank partment’s Hazardous Materials Regula­ the stationary system piping. cars. tions to provide specific requirements for (2) Bonding or grounding is not re­ This proposal is based in part upon a bonding and grounding cargo tanks prior quired when cargo tanks are loaded petition of the Bureau of Explosives to and during transfer of lading. At the through vapor-tight (not open hole) top (AAR) to relocate side placards toward same time it is proposed to clarify the or bottom connections. the right end of tank cars, preferably provisions for the transfer of flammable (3) An external bond wire or bond near to and below the AAR and DOT liquids while the motor vehicle engine is wire integral with a hose is required for markings. The need for relocation is running. the unloading of flammable liquids into based on changes in tank car design, and This proposal is based upon a petition tanks or other containers by means of the difficulties associated with placing submitted by the American Petroleum nonvapor-tight connection between the placards at a center location. Institute to more clearly define the pres­ hose and the container. I f the container The Board believes that both locations ent grounding and bonding requirements to be filled has previously contained a have merit and does not desire to un­ in 49 CFR 177.837(b). The petitioner flammable liquid, such wire must be at necessarily restrict placard placement. contends that the existing requirements least momentarily grounded to that con­ Therefore, it would no longer be neces­ more appropriately apply to small con­ tainer before the hose fitting is brought sary to specify a particular location for tainers (e.g., barrels, drums, portable into proximity to the fill hole. Bonding a placard on the side of a car. Loca­ tanks, etc.) and that there is a need to must be continuous during the transfer tion would simply be as required in establish more extensive safety proce­ operation. 5174.549(a). dures commensurate with industry prac­ ***** tices, especially with respect to bonding In consideration of the foregoing, it is Interested persons are invited to give of cargo tanks while unloading flam­ proposed to amend 49 CFR 174.549 as their views on this proposal. Communi­ follows: mable liquids into inherently grounded cations should identify the docket tanks. In § 174.549, paragraph (d) would be number and be submitted in duplicate to canceled as follows: The Board believes that the petition the Secretary, Hazardous Materials has merit and that safety in transporta­ Regulations Board, Department of § 174.549 Application of placards. tion will be enhanced by the prescription Transportation, 400 Sixth Street SW., ***** of more specific and meaningful require­ Washington, DC 20590. Communica­ (d) [Canceled] ments to safeguard against the ignition tions received on or before February 9, of flammable vapors by static electricity. ***** 1971, will be considered before final In consideration of the foregoing, it is Interested persons are invited to give action is taken on the proposal. All com­ proposed to amend 49 CFR Part 177 as ments received will be available for then views on this proposal. Communi­ follows: examination by interested persons at the cations should identify the docket num­ In § 177.837, paragraph (a) and the ber and be submitted in duplicate to the first sentence of paragraph (b) would be Office of the Secretary, Hazardous Ma­ Secretary, Hazardous Materials Regu­ amended; paragraphs (c) and (d) would terials Regulations Board, both before lation Board, Department of Transpor­ be redesignated paragraphs (d) and (e) and after the closing date for comments. tation, 400 Sixth Street SW., Washing­ respectively; a new paragraph (c) would This proposal is made under the au­ ton, DC 20590. Communications re­ be added as follows: ceived on or before February 9,1971, will thority of sections 831-835 of title 18, be considered before final action is taken § 177.837 Flammable liquids. United States Code, and section 9 of the on the proposal. All comments received (See also § 177.834 (a) to (k ).) Department of Transportation Act (49 will be available for examination by U.S.C. 1657). interested persons at the Office of the (a) Engine stopped. Unless the engine Secretary, Hazardous Materials Regula­ of the motor vehicle is to be used for Issued in Washington, D.C., on Novem­ tions Board, both before and after the the operation of a pump, no flammable ber 25, 1970. liquid shall be loaded into, or on, or un­ closing date for comments. K e n n e t h L . P ie r s o n , Proposal is made under the au­ loaded from any motor vehicle while the Acting Director, Bureau of thority of sections 831-835 of title 18, engine is running. M otor Carrier Safety, Fed­ united States Code, and section 9 of the (b) Bonding and grounding containers eral Highway Administration. riepartment of Transportation Act (49 other than cargo tanks prior to and dur­ [F.R. Doc. 70-16000; Filed, Dec. 1, 1970; U.S.C. 1657). ing transfer of lading. * * * 8:45 a jn .]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18324 PROPOSED RULE MAKING

as to render such agencies as fully self- Sess.; H. Rept. No. 1348, 90th Cong., 2d FEDERAL POWER COMMISSION sustaining as possible. The pertinent pro­ Sess. More recently, the Chairman of the vision which is included in title V of the Subcommittee on Independent Offices E 18 CFR Ports 3, 32, 33, 34, 35, 36, Independent Offices Appropriations Act and Department of Housing and Urban 45, 159 1 for the year ending June 30, 1952 (65 Development of the Committee on Ap­ [Docket No. R -408] Stat. 290, 31 U.S.C. 483a), reads as propriations of the House of Representa­ follows: tives requested us to review our rate and SCHEDULES OF FEES TO BE PAID BY It is the sense of the Congress that any fee structures with a view to charging ELECTRIC PUBLIC UTILITY COMPA­ work, service publication, report, docu­ gas and utility companies enough to NIES AND NATURAL GAS COM­ ment, benefit, privilege, authority, use, sustain our administrative operations. PANIES AND FOR MISCELLANEOUS franchise, license, permit, certificate, Hearings, Independent Offices and De­ registration, or similar thing of value or partment of Housing and Urban De­ SERVICES utility performed, furnished, provided, velopment Appropriations for 1971, 91st Notice of Proposed Rule Making granted, prepared, or issued by any Fed­ Cong., 2d Sess., Part 2, p. 951. eral agency (including wholly owned In compliance with the spirit of the N ovember 25,1970. Government corporations as defined in 1952 Appropriation Act, executive Notice is hereby given, pursuant to sec­ the Government Corporation Control Act directives2 and subsequent committee tion 553 of title 5 of the United States of 1945) to or for any person (including recommendations, we have thoroughly Code that the Commission is proposing groups, associations, organizations, part­ reviewed the existing fee structure and to amend its general rules and regula­ nerships, corporations, or businesses), the areas of our administrative opera­ tions under the Federal Power Act and except those engaged in the transaction tions which have not heretofore been the Natural Gas Act to revise the sched­ of official business of the Government, subject to any charges. The fee schedules ules of fees at present imposed in con­ shall be self-sustaining to the full extent we propose to adopt have been prepared nection with the filing of certain appli­ possible, and the head of each Federal in the light thereof to meet the statutory cations by natural gas companies under agency is authorized by regulation objective of making the Commission the Natural Gas Act and to establish new (which, in the case of agencies in the “self-sustaining to the full extent pos­ schedules of fees and annual charges to executive branch, shall be as uniform as sible,” to recoup by way of payment into be applicable to electric utility companies practicable and subject to such policies the Treasury of the United States the and natural gas producers and pipelines. as the President may prescribe) to pre­ sums reasonably allocable to the esti­ Any interested person may submit to scribe therefor such fee, charge, or price, mated costs in fiscal year 1971 of render­ the Federal Power Commission, Wash­ if any, as he shall determine, in case ing the types of services performed by the ington, D.C. 20426, not later than De­ none exists, or redetermine, in case of Commission as reflected by costs experi­ cember 18, 1970, data, views, comments, any existing one, to be fair and equitable enced in fiscal year 1970, and to allocate and suggestions, in writing, concerning taking into consideration direct and in­ fees and charges as fairly and as all or part of the amendments proposed direct cost to the Government, value to equitably as practicable “taking into herein. An original and 14 conformed the recipient, public policy, or interest consideration direct and indirect'cost to copies should be filed with the Secretary served, and other pertinent facts, and the Government, value to the recipient, of the Commission. Submittals to the any amount so determined or redeter­ public policy or interest served, and Commission should indicate the name, mined shall be collected and paid into the other pertinent facts * * *”. title, and mailing address of the person Treasury as miscellaneous receipts : Pro­ We propose no changes in the fee to whom communications concerning vided, That nothing contained in this schedule relating to Part I of the Federal the proposal should be addressed, and Section shall repeal or modify existing Power Act since the charges thereby —whether the person filing them requests statutes prohibiting the collection, fixing generated substantially cover the cost of a conference at the Federal Power Com­ the amount, or directing the disposition administering that part of the Act.® mission to discuss the proposed amend­ of any fee, charge or price: Provided Our order adopting fee schedules ap­ ments. The Commission will consider all further, That nothing contained in this plicable to natural gas pipelines recog­ such written submittals before acting on section shall repeal or modify existing nized that “neither our costs nor the dol­ the matters herein proposed. statutes prescribing bases for calculation lar value of facilities will remain static” of any fee, charge or price, but this pro­ and that revision “ may be necessary in Annual charges have long been as­ viso shall not restrict the redetermina­ sessed against licensees of hydroelectric the light of subsequent experience.” The tion or recalculation in accordance with growing complexity of certificate pro­ projects pursuant to Congressional di­ the prescribed bases of the amount of rection contained in Part I of the Fed­ ceedings and increases in costs incur­ any such fee, charge, or price. red in administering the certificate pro­ eral Power Act to require payment inter Pursuant to such statute and to recom­ alia by them “in an amount to be fixed grams requires a slight upward read­ mendations made at hearings before justment of the rates presently applica­ by the Commission for the purpose of Congressional appropriation committees, reimbursing the United States for the ble if our operation of this activity is we established by order our first to remain self-sustaining. Accordingly, costs of the administration of this Part;” schedule of fees (apart from those under and “ for recompensing it for the use, oc­ we propose to increase the amounts pay­ Part I of the Federal Power Act) which able in connection with applications for cupancy, and enjoyment of its lands or were payable in connection with applica­ other property * * *”.1 certificates under section 7 (c) and (e) tions filed by natural gas pipeline of the Natural Gas Act. Additionally, Congress has by statute companies for certificates of public con­ vested authority in all agencies of the venience and necessity and for other 2 Circular No. A-25,. issued Sept. 23, 1959. Federal Government to prescribe fees or authorizations as especially beneficial to by the B u reau of the B u dget (n o w Office of charges for services conferring 'benefits the recipients of the services rendered in Management and Budget), as subsequently on persons subject to their jurisdiction so their processing. Order 317, 31 F.R. 430, amended, sets forth for agency action the January 13, 1966, as amended by FPC scope of user charges activities, guidelines Order 317-A, 31 F.R. 4890, March 24, for carrying out the policies prescribed 1 In addition, licensees and holders of per­ therein and required Submission of periodic mits affected by a determination by the Com­ 1966, Part 159 of the Commission’s status reports. mission of headwater benefits are required regulations under the Natural Gas Act, 3 Fiscal year 1970 collections for admin­ to pay to the United States the cost of making 18 CFR, Part 159. istering part I of the Federal Power Act such determination. Provisions for such pay­ Congressional appropriation commit­ totalled $2,568,106 in contrast w ith actual ments appearing in section 10 (e) and (f) tees have since requested further review costs of operations for that part of $2,966,977 were contained in the original Federal Water of our fee schedules with a view to mak­ (exclusive of overhead expense and services Power Act, 41 Stat. 1063, approved June 10, to other agencies and the public). However, 1920. Implementing regulations appear in ing increases or adjustments to offset in collections effected under part I powers Part II of the Commission’s regulations un­ part the increasing needs for direct vested in the Commission totalled $5,337,703, der the Federal Power Act, 18 CFR 11.20 appropriations for agency operating ex­ o f w hich $4,504,299 was paid into the et seq. penses. S. Rept. No. 1375, 90th Cong., 2d Treasury.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 PROPOSED RULE MAKING 18325

The remaining costs of carrying out rials requires less than one-half hour for in the Office of Public Information in the functions of our pipeline programs which charges would not be administra­ Washington, D.C., copies of public in­ have not heretofore been made sub­ tively feasible. In these circumstances, formation filed with the Commission. ject to any charges. In the main, those we believe that only a fee should be Photo copies of public material may be functions relate to our activities in pass­ charged for certification of documents in obtained through the public reference ing upon pipeline rate filings. Our pro­ the amount of $2 to cover the estimated room. Fees charged for such copies are posal to allocate estimated costs among cost thereof. established by an annual contract be­ jurisdictional companies on the basis of In developing these schedules we have tween the Commission and a private their relative amounts of natural gas endeavored to adhere to the guidelines company which does the work. Current delivered seems fair and equitable since contained in Budget Circular No. A-25 schedules of fees for copying work are their rates are subject to continued sur­ by the imposition of charges “ to each available from the Office of Public In ­ veillance in addition to the complexity identifiable recipient for a measurable formation. Except for requests made by of the issues raised in the augmented unit or amount of Government serv­ government agencies certification of number of applications for rate in­ ice * * * from which he derives a spe­ copies of any official Commission record creases which have surfaced in recent cial benefit.” These services include shall be accompanied by a fee of $2. In ­ years. agency action which “ provides special quiries and orders may be made to that We also propose to adopt a fee sched­ benefits * * * above and beyond those office personally, by telephone, or by ule which will return to the Treasury the which accrue to the public at large * * *” mail. costs of the producer certificate program or provides “more immediate or substan­ B. The following are proposed amend­ based upon thè annual commitments of tial gains or values * * * than those ments to Subchapter B—-Regulations new reserves to the pipelines for inter­ which accrue to the general public * * *” under the Federal Power Act, Chapter I, state deliveries. For reasons of admin­ or provides business stability or assures Title 18 of the Code of Federal istrative convenience these charges would public confidence in the business activ­ Regulations : be paid by the pipelines on the basis of ity of the beneficiary * * *” or is “per­ 1. Revise the title of “Part 11—Annual new reserves reported as certificated formed at the request of the recipient Charges” to read as follows: during each reporting period. The pipe­ and is above and beyond the services lines will be able to recoup the amount regularly received by other members of pa r t 11— ANNUAL CHARGES UNDER of such payments from their customers the same industry or group, or of the PART I OF THE FEDERAL POWER as part of the costs upon which their general public * * ACT rates and charges are based. Costs directly allocable to a specific The proposed assessments and fees type of service rendered to specifically 2. In “Part 32—Interconnection of applicable to our functions under Parts identifiable persons would be effected by Facilities; Emergencies; Transmission to II and III of the Federal Power Act are charges directly related to that specific Foreign Country.” , revise the section new. Our functions in carrying out the service. In determining the amount titles and introductory clauses of §§ 32.1, responsibilities imposed under those thereof we are not required to keep cost 32.22, 32.51, to read as follows: parts of the Federal Power Act confer records on a case-by-case basis but are § 32.1 Contents o f application; filing fee. benefits upon the recipients. The manner authorized to average the costs involved in which allocations should be made has in a particular service. Aeronautical Every application under section 202 been the subject of much study. We be­ Radio, Inc. v. United States, 335 F. 2d (b) of the Act shall be accompanied by lieve our proposals not only spread those 304 (CA7, 1964), certiorari denied, 379 the fee described in Part 36 of this sub­ costs fairly and equitably but that they U.S. 966 (1965). Our remaining proposed chapter and shall set forth the follow­ are consistent with the legislative and charges being of benefit overall to the ing information: executive mandates we are required to members of both industries would be * * * * * carry out. assessed on a measure of size against § 32.22 Application for permanent con­ The filing fees to be paid upon the those within the ambit of our jurisdic­ nection for emergency use ; contents ; filing of designated applications and rate tional activities. form and style; filing fee ; number o f schedules, other than for major rate in­ The proposed amendments to the Com­ copies. creases, are in fixed amounts based upon mission’s regulations would be issued un­ Application for Commission approval average historic costs incurred in the der the authority granted by the Federal of a permanent connection for emer­ administration of each of those func­ Power Act, particularly Section 309 (49 gency use only shall be accompanied by tions. The sliding scale proposed for Stat. 858, 16 U.S.C. 825h) and the Nat­ the fee described in Part 36 of this sub­ major rate increases based upon gross ural Gas Act, particularly section 16 (52 chapter and shall conform with the re­ revenues represents, in our judgment, a Stat. 830,15 U.S.C. 717o). quirements of §§ 32.1 to 32.4, inclusive, fair and equitable method of providing and, in addition, shall state in full the for recovery of the average costs in­ A. The following are proposed amend­ reasons why such permanent connection volved in the consideration and disposi­ ments to Part 3, Subchapter A, Chapter tion of those items. I, Title 18 of the Code of Federal for emergency use is necessary in the public interest. We have also proposed a formula to Regulations. recoup the remaining costs of our regu­ 1. Amend the title of Part 3 by insert­ * * * * * latory program and those incurred in the ing the words “Miscellaneous Charges” § 32.51 Contents o f application; filing administration of reliability functions by immediately preceding the words “Ethi­ fee. assessments based on revenues as reason­ cal Standards”. As so amended the title of Part 3 will read: Every application shall be accom­ ably representative of the value of those panied by the fee described in Part 36 of services to such companies. W e believe part 3— ORGANIZATION; OPER­ this subchapter and shall set forth in our activities in both areas of our opera­ the order indicated, the following: tions provide special benefits to the com­ ATION; INFORMATION A N D panies subject to our jurisdiction that REQUESTS; MISCELLANEOUS * * * * * fully justify the scale of charges we pro­ CHARGES; ETHICAL STANDARDS 3. In “Part 33—Application for Sale, pose to initiate. Lease, or Other Disposition, Merger, or 2. Amend § 3.102 Public information, Additional miscellaneous charges have Consolidation of Facilities, or for Pur­ requests, and assistance by revising the chase or Acquisition of Securities of a been considered to cover costs incurred section title and by revising paragraph m connection with the location of file (b) to read as follows: Public Utility,” revise the title and in­ materials requested for inspection and/or troductory sentence of § 33.2 to read as copying. Under existing regulations fees § 3.102 Public information« requests, follows: are charged for copying pursuant to con­ and assistance; miscellaneous charges. tract with a private company which pro- * * * * * § 33.2 Contents o f application ; filing fee. vides that service. Moreover, about 75 (b) During the Commission’s regular Each such applicant shall set forth in Percent of our searches for filed mate­ business hours, the public may examine its application to the Commission, which

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 No. 233------3 18326 PROPOSED RULE MAKING shall be accompanied by the fee de­ (a) Applications for physical con­ amounts thereof to Account 928, regula­ scribed in Part 36 of this subchapter, nections ______$150 tory commission expenses. (ta) Applications fo r the construc­ in the manner and form and in the or­ 7. In “Part 45—Application for Au­ der indicated, the following information tion of border facilities______150 (c) Other corporate applications au­ thority to Hold Interlocking Positions,” which should, insofar as possible, be thorized by these regulations revise the title and introductory clause furnished as to said applicant and each under the Federal Power Act, ex­ of §^5.8 to read as follows: company whose facilities or securities cept applications under Part I of are involved: the Federal Power Act, applica­ § 45.8 Contents of application ; filing fee. * * * * * tions for authority to hold inter­ Each application shall be accompanied locking positions, and applications by the fee described in Part 36 of this 4. In “Part 34—Application for Au­ for the merger or consolidation thorization of the Issuance of Securities of public utilities as provided in subchapter and shall state the following: or the Assumption of Liabilities,” revise paragraph (d) of this section____ 500 * * * * 4c the title and introductory sentence of (d) Applications for the merger or B. The following are proposed amend­ § 34.2 to read as follows: consolidation of class A or class ments to Part 159, Subchapter E—Regu­ B public utilities or any combina­ § 34.2 Contents of application; filing fee. tion thereof______10, 000 lations under the Natural Gas Act, chap­ (e) Nominal rate schedule filings ter I, Title 18 of the Code of Federal Every such applicant shall set forth other than that involving rate Regulations: in its application to the Commis­ increases ______100 1. In § 159.2 applications involving sion, which shall be accompanied by the (1) Examples of such filings in­ construction or acquisition of facilities, fee described in Part 36 of this subchap­ clude schedule changes having revise paragraphs (a ), (b ), and (d) to ter, in the manner and form and in the minimal impact on the opera­ read as follows : order indicated, the following informa­ tions of a public utility such as tion which, in the case of the assumption those providing service to an ad­ § 159.2 Applications involving construc­ ditional delivery point, changes tion or acquisition o f facilities. of a liability, shall be furnished as to in maximum obligation to serve, both the issuer and the person assum­ changes in minimum billing 4 : 4 : 4t * 4: ing liability: demand not affecting billings, (a) Within 30 days following issuance * * * * * changes in service rules or regu- of notice of application, an amount equal - lations not affecting billings, ex­ 5. In "Part 35—Filing of Rate Sched­ to 65/1000 of 1 percent (0.00065) of the tensions of terms of contracts estimated cost of construction of new ules,” between the heading “Application” or continuation of service, can­ and “ § 35.1 Application; obligation to cellation of rate schedules where facilities or of facilities to be acquired; file rate schedules,” insert a new “ § 35.0 service is no longer needed, (b) Within 30 days following grant of Filing fees,” which will read as follows: changes in delivery voltages or the certificate, an amount equal to 130/ metering voltages, changes in 1000 of 1 percent (0.00130) of the esti­ § 35.0 Filing fees. contract provisions not affect­ mated cost of construction of new facili­ Every filing made under this part ing service, rates, or billings, ties or of facilities to be acquired, unless and adoption of initial rate shall be accompanied by the fee de­ schedules containing rates iden­ applicant does not accept the certificate. scribed in Part 36 of this subchapter. tical to rates applicable to the 4s 4s 4s 4s 4e 6. Immediately following Part 35, add same customer class previously (d) I f the actual cost of construction a new “Part 36—Annual Charges apd accepted for filing. of new facilities or of facilities to be ac­ Fees” which will read as follows: (f) Moderately-complex rate sched­ ule filings______500 quired exceeds the estimated cost PART 36— ANNUAL CHARGES AND (1) Examples of such filings in­ thereof, the statement of actual cost, re­ FEES UNDER PARTS II AND III OF clude schedule changes present­ quired to be submitted by § 157.20 (c) (4) THE FEDERAL POWER ACT ing more complex administra­ and (d) (3) of this chapter, shall be ac­ tive problems such as those companied by an amount equal to 195/ § 36.1 Annual charges. involving interconnection agree­ 1000 of 1 percent (0.00195)' of the excess ments, pooling agreements, and of actual cost (plus estimated cost of fa­ Reasonable annual charges shall be additional large-scale sales. cilities for which actual cost is not then assessed by the Commission against each (g) Bate schedule filings involving public utility to reimburse the United nom inal rate increases______500 recorded on the books of applicant) States for such costs of administration (1) These include sch edu le above estimated cost. of Parts n and II I of the Federal Power changes involving increases in 4 : 4s 4* 4 : * rates totaling less than $50,000. Act as hereinafter provided: (h) Bate schedule filings involving N 2. Immediately following § 159.2, in­ (a) A determination shall be made for rate increases other than cov­ sert a new “ § 159.2a Costs administra­ each fiscal year of the costs of adminis­ ered under paragraph (g) of this tion” which will read as follows: tration of the Commission’s public util­ section, as fo llo w s: § 159.2a Costs o f administration. ity regulatory and interconnection and One percent of the amount of coordination programs from which shall such increases up to but not Reasonable annual charges will be as­ be deducted the amounts reserved pur­ exceeding $1 million; sessed by the Commission against natu­ $10,000 plus o n e-h alf percent of ral gas companies to reimburse the suant to the provisions of paragraph (c) the amount of such Increases of this section and § 36.2. in excess of $1 million and not United States for costs of administration (b) For each calendar year terminat­ exceeding $10 million; of the Natural Gas Act, as follows: ing in such fiscal period the costs of ad­ $55,000 plus o n e-fo u rth percent (a) A determination shall be made for ministration determined under para­ of the amount of such in­ each fiscal year of the costs of adminis­ graph (a) of this section shall be assessed creases in excess of $10 million. tration of the natural gas pipeline pro­ against each public utility in the propor­ (i) Applications to hold interlock­ grams from which shall be deducted the tion that the gross revenues of such ing positions______100 amounts received pursuant to the provi­ public utility bear to the sum of the gross § 36.3 Miscellaneous. sions of §§ 159.1 and 159.2. revenues of all public utilities for the like (b) For each calendar year termi­ period. Annual assessments and fee payments shall be made by check or money order nating in such fiscal period the costs of (c) Annual charges assessed under administration determined under para­ this section shall be paid within 60 days to the Treasurer of the United States. graph (a) of this section shall be as­ of the rendition of a bill therefor by the No fees will be refunded. sessed against each class A and class B Commission. § 36.4 Accounting for fees paid pursu­ natural gas company in the proportion § 36.2 Filing fees. ant to this part. that the total gas deliveries of such natu­ ral gas company bear to the sum of the A filing fee in the amounts set forth A public utility subject to the provi­ total gas deliveries of all class A and below shall accompany each of the sions of this part shall account for the class B natural gas companies for the like following: assessments and fees paid by charging the period.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 PROPOSED RULE MAKING 18327

(c) In addition to the annual charges § 159.3 Miscellaneous. prescribed by paragraphs (a) and (b) (a) Method of payment. Annual as­ of this section, each natural gas com­ sessments and fee payments shall be pany required to file an Annual Report— made by check or money order payable Total Gas Supply on FPC Form No. 15 to the Treasurer of the United States. shall be assessed one-tenth (1/10) of a No fees will be refunded. mill for each Mcf of new reserves certifi­ * * * * * cated during the year covered by said re­ The Secretary shall cause prompt pub­ port as shown for item 14 of such form. lication of this notice to be made in the (d) Annual charges assessed under this F e d e r a l R e g is t e r . section shall be paid within 60 days of By direction of the Commission.

the rendition of a bill therefor by the G o r d o n M . G r a n t , Commission. Secretary. 3. In “ § 159.3 Miscellaneous”, revise [F.R. Doc. 70-16128; Filed, Dec. 1, 1970; paragraph (a) to read as follows: 8:49 a.m .]

FEDERAL REGISTER, YO U 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18328 Notices

A pplications A ccepted F o r F i l in g FEDERAL COMMUNICATIONS DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE COMMISSION File No., Applicant, Call sign, and nature of application 2598—C2—P—71— Muscatine Seed & Supply Co. (KAF252), C.P. to relocate facilities operating [R eport No. 519] on 152.15 M H z to 0.5 m ile northw est of M uscatine, Iowa. 2600- C2-AL-71— Paducah Radio Telephone Service, Consent to assignment of license from COMMON CARRIER SERVICES Telephone Answering Service, Inc., doing business as Paducah Radio Telephone Service, INFORMATION 1 Assignor, to Telephone Answering Service, Inc., Assignee. Station KJU799, Paducah, Ky. 2601- C2-P-(3) 71— Intrastate Radio Telephone, Inc. of San Francisco (New) , C.P. for a Domestic Public Radio Services Appli­ new 2-way station to be located at Round Top Peak, Oakland, Calif., to operate on cations Accepted for Filing 2 frequencies 152.12, 454.150, and 454.175 M Hz. 2602- C2-P-71— Mobile Dispatch Service (KOA734), CJP. to replace base transmitter oper­ N o v e m b e r 23, 1970. ating on frequency 152.15 MHz located at 505 14th Avenue North, Seattle, WA. Pursuant to §§ 1.227(b)(3) and 21.30 2630-C1-P-71— Coosa Valley Telephone Co., Inc. (New), C.P. for a new two-way station to (b) of the Commission’s rules, an appli­ be located near Pell City, Ala., to operate on frequency 152.600 MHz. cation, in order to be considered with any 2633- C 2-P-(3)71— RAM Broadcasting of Ohio, Inc. (New), C.P. for a new two-way station domestic public radio services applica­ to be located at the Parmadale Orphanage, Parma, Ohio, to operate on frequencies tion appearing on the list below, must be 454.200, 454.350, and 454.025 M Hz. substantially complete and tendered for 2634- C2-P-71— Rapid Answering Service (New), CJP. for a new two-way station to be filing by whichever date is earlier: (a) located at 1110 Fuller Street, Big Rapids, MI, to operate on frequency 152.09 MHz. The close of business 1 business day 2636- C2-MP-71— Autophone of San Antonio (KRS651), Modification of C.P. to replace the preceding the day on which the Com­ transmitter operating on 152.24 MHz and change the antenna system located at 700 East mission takes action on the previously H ildebrand Street, San Antonio, TX . filed application; or (b) within 60 days 2637- C2-P-71— Auto Phone Co. (KME439), C.P. to replace the base transmitter operating after the date of the public notice listing on 152.15 M H z at location No. 1: Pilot Peak, Calif. the first prior filed application (with 2650- C2-P-(3) 71— Caprock Radio Dispatch (KK0353), C.P. to replace the base transmitter operating on 152.18 MHz; change the repeater frequency to 75.84 MHz and change the which subsequent applications are in antenna system at location No. 6: 3.5 miles southwest of Caprock, N. Mex., change conflict) as having been accepted for control frequency to 72.46 MHz; replace transmitter and change the antenna system at filing. An application which is subse­ location No. 7: 601 North Grimes Street, Hobbs, NM. quently amended by a major change will 2651- C2-P-(3)71— Caprock Radio Dispatch (KKJ449), C.P. to replace the control trans­ be considered to be a newly filed appli­ mitter operating on 454.10 MHz at location No. 2: 102 West First Street, Roswell, NM, cation. It is to be noted that the cutoff replace base transmitter operating on 152.12 MHz arid change the antenna system, dates are set forth in the alternative— replace repeater transmitter operating on 459.10 MHz at location No. 1: 3.5 miles applications will be entitled to consider­ southwest of Caprock, N. Mex. ation with those listed below if filed by 2652- C2-P-(3)71—Northern Mobile Telephone Co. (KQB688), C.P. to add frequencies the end of the 60-day period, only if the 454.050 and 454.075 M H z at location No. 1: 1179 Country R oad No. 44, East o f Hinckley, Commission has not acted upon the ap­ OH, and add frequency 454.225 MHz at location No. 2: 5595 Goodell Road, Freedom, OH. 2653- C2—P—71— Cuyahoga County Communications Co. (KLF508), C.P. to add frequency plication by that time pursuant to the 454.125 M H z located at 2203 W est Sprague Road, Cleveland, OH. first alternative earlier date. The mutual 2654- C2-AL-(3) 71— New Orleans Mobilfone, Consent to assignment of license from Com­ exclusivity rights of a new application munications Industries, Inc. doing business as New Orleans Mobilfone, Assignor, to are governed by the earliest action with Business Communications, Inc., Assignee. Stations KLB759 Port Sulphur, La., KKA400 N ew Orleans, La., KLF617 N ew Orleans, La. (1 -w a y ). respect to any one of the earlier filed 2655- C2-AP/AL-(5) 71— Radio Telephone Secretaries, Consent to assignment of license conflicting applications. from Margaret Walsh, doing business as Radio Telephone Secretaries, Assignor, to The attention of any party in interest Tel/Sec Radio Inc., Assignee. Stations KRM974 Manitowoc, Wis. (1-way), KRH668 desiring to file pleadings pursuant to Oshkosh, Wis., KSJ762 Appleton, Wis., KLF645 Green Bay, Wis.,.KRS627 Appleton, Wis. (1 -w a y ). section 309 of the Communications Act of 2657-C2-P-71— Jacksonville Radio Dispatch Service (KIQ510), C.P. to change the antenna 1934, as amended, concerning any system operating on 35.58 MHz and relocate same to location No. 1: 1889 Southampton domestic public radio services applica­ Road, Jacksonville, FL. tion accepted for filing, is directed to Major Amendment § 21.27 of the Commission’s rules for 573-C2-P-(3) 71—Imperial Communication Corp. (KMA262), Amend to delete base provisions governing the time for filing frequencies 454.20 and 454.30 M H z and m obile frequencies 459.20 and 459.30 M Hz in lieu and other requirements relating to such thereof, 454.025 and 454.275 M H z "base and 459.025 a n d 459.275 M H z m obile. A ll other par­ pleadings. ticulars to remain the same as reported on public notice dated August 3, 1970, Report No. 503. F e d e r a l C ommunications Correction C o m m i s s i o n , [ s e a l ] B e n F . W a p l e , 2866—C2-P-69— North Shore Communications Inc. (New), Correct to consider as: Major Secretary. Amendment to 1073-C2-P-69— North Shore Communications Inc. (New ), Amend to add frequency 158.70 MHz at location No. 1: 3 Sidney Street, Wakefield, Mass., and location No. 2: Monterey Hill, West Roxbury, Mass. Refer to: Report No. 403, dated September 3, 1 All applications listed below are subject 1968, Report No. 408, dated October 7, 1968, R eport No. 415, dated Novem ber 25, 1968, to further consideration and review and may and Report No. 517, dated November 9,1970. be returned and/or dismissed if not found to be in accordance with the Commission’s RURAL RADIO SERVICE rules, regulations, and other requirements. 2638- C1-P-71— South Central Bell Telephone Co. (New), C.P. for a new rural subscriber 2 The above alternative cut-off rules apply station to be located approximately 3 miles northwest of Calhoun, La., to operate on to those applications listed below as having been accepted in Domestic Public Land frequencies 157.83 and 157.95 MHz. Mobile Radio, Rural Radio, Point-to-Point 2654-C1—AL-71— New Orleans Mobilfone, Consent to assignment of license from Com­ Microwave Radio and Local Television Trans­ munications Industries, Inc., doing business as New Orleans Mobilfone, Assignor to mission Services (Part 21 of the rules). Business Communications, Inc., Assignee. Station: KKB33 Temp-Fixed.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE-CARRIER) POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)---Continued 2603- C1-P-71— American Telephone and Telegraph Co. (KIP57), C.P. to add frequencies 2661— C l-P—71— American Telephone and Telegraph Co. (New), C.P. for a new station to 3930 and 4010 MHz toward Ojus, Fla. Station location: 36 Northeast Second Street, be located at 8.8 miles northeast of Bell Station, Pacheco Pass, Calif. Frequencies: Miam i, FL. 4198, 6345.5, and 6404.8 M Hz toward Thom pson Valley, Calif., and 4198, 6286.2, and 2604- Cl-P-71— American Telephone and Telegraph Co. (KJJ68), C.P. to add frequencies 6404.8 MHz toward Patterson, Calif. 3710, 3790, and 3870 MHz toward Miami, Fla., and 3890 and 3970 MHz toward Margate, 2662- C1-P-71—American Telephone & Telegraph Co. (New), C.P. for a new station Fla. Station location: Approximately 3.5 miles northwest of Ojus, Fla. to be located at 4.6 miles west-southwest of Patterson, Calif. Frequencies: 4190, 2605- C1—P-71— American Telephone and Telegraph Co. (KJJ70), C.P. to add frequencies 6034.2, and 6152.8 M H z toward Pacheco Pass, Calif., and 4190, 6034.2, and 6152.8 3750, 3830, and 3910 MHz toward Ojus, Fla., and 3930 and 4010 MHz toward Boynton MHz toward Farmington, Calif. Beach, Fla. Station location: 0.5 mile northeast of Hammondville, Fla. (Margate). 2663— Cl—P-71—American Telephone & Telegraph Co. (New), C.P. for a new station 2606- Cl-P-71— American Telephone and Telegraph Co. (KJJ69), C.P. to add frequencies to be located at 3.6 miles north-northeast of Farmington, Calif. Frequencies: 4198, 3710, 3790, and 3870 MHz toward Margate, Fla., and 3890 and 3970 MHz toward West 6286.2, and 6404.8 MHz toward Patterson, Calif, and Lodi, Calif. Palm Beach, Fla. Station location: 4 miles west-southwest of Boynton Beach, Fla. 2664- C1-P-71— American Telephone & Telegraph Co. (KNK96), C.P. to add frequency 2607- C1—P-71— American Telephone and Telegraph Co. (KIN43), C.P. to add frequencies 6034.2 MHz toward Farmington, Calif. Station location: 1.2 miles west-northwest of 3750, 3830, and 3910 MHz toward Boynton Beach, Fla. Station location: 326 Fern Street, Lodi, Calif. W est Palm Beach, FL. Major Amendments 2608- C1-P-71—United Telephone Co. of the Northwest (KPJ91), C.P. to add frequencies 6197.2 and 6345.5 MHz toward Burns, Oreg., via passive reflector. Station location: 1752-C1-P-71— New England Telephone and Telegraph Co. (KVH82), Change frequencies 3.2 miles west of Hines, Oreg. (B u rn s B u t t e ). to 6256.5 MHz toward Marshfield, Mass., and to 6256.5 MHjz toward Fall River, Mass. All 2609- Cl—P-71— United Telephone Co. of the Northwest (KPX70), C.P. to add frequencies other particulars same as reported in public notice dated October 5, 1970. 5945.2 and 6093.5 MHz toward Burns Butte, Oreg., via passive reflector. Station location: 7572-C1-P-70— Northwestern Bell Telephone Co. (KAS33), Change geographic coordinates North Alvord Avenue and West B Street, Burns, OR. to read latitude 48°21'01” N„ longitude 92°57'42" W. Station'location: 12.5 miles east- 2639— Cl—P-71— Southern Pacific Communications Co. (New), C.P. for a new station to southeast of Ray, Minn. All other particulars same as reported in public notice dated be located at Monument Peak, 16 miles southeast of Julian, Calif. Frequencies: 6226.9 M ay 25, 1970, Report No. 493. and 6404.8 MHz toward Superstition Mountain, Calif, and 6286.2 and 6345.5 MHz toward 7362-C1-P-70— Pacific Telephone and Telegraph Co. (N ew ), Change frequency 10755 MHz San Diego, Calif. toward station KMA37, Oat Mountain, Calif., to 11,075 MHz. Station location: 4480 Kester 2641-C1-P-71— Florida Telephone Corp. (KJA65), C.P. to replace transmitter and change Avenue, Sherman Oaks, CA. All other particulars same as reported in public notice dated frequencies 6004.5 and 6263.9 MHz to 6123.1 and 6352.9 MHz toward St. Cloud, Fla. Station location: 1.4 miles north-northeast of Deer Park, Fla. M ay 18,1970, Report No. 492. NOTICES 2640— Cl-P-71— Florida Telephone Corp. (KJA64), C.P. to replace transmitter and change 4502- C1-P-70— Southern Pacific Communications Co. (New), Seattle. Application Is frequencies 6123.1 and 6352.9 MHz toward Deer Park, Fla. to 6004.5 and 6263.5 MHz. amended to change frequencies toward Tiger Mountain, Wash., to 6034.2 MHz, and toward Station location: 1113 Florida Avenue, St. Cloud, Fla. Tiger Mountain, Wash., to 6152.8 MHz. Change proposed station location to Smith Tower, 2643- C1-P—71— New York Telephone Co. (KEL91), C.P. to replace transmitter and change 506 Second Avenue (latitude 47°36'08" N., longitude 122°19'50" W.) Change azimuth frequency 6330.7 MHz to 11,075 MHz toward Paterson, N.J. Station location: 200 Park toward Tiger M ountain to 113°25'. Avenue, New York, N.Y. 4503- C1-P-70— Southern Pacific Communications Co. (New), Tiger Mountain. Application 2644- Cl—P-71— Pacific Northwest Bell Telephone Co. (KOJ93), C.P. to add frequency is amended to change frequencies toward Seattle to 6226.9, 6404.8 MHz, and toward Tacoma 4130 MHz toward Bluelight Hill, Wash. Station location: Joe Butte, 7 miles south of to 6286.2, 6345.5 MHz. Add frequency 6375.2 MHz toward Mount Crawford. Change azimuth Kennewick, Wash. toward Seattle to 293°42’. Add azimuth 221 °02' toward Mount Crawford. 2645- C1-P-71— Pacific Northwest Bell Telephone Co. (KOJ92), C.P. to add frequency 4504- C1-P-70— Southern Pacific Communications Co. (New), Tacoma. Delete transmission 4170 MHz toward Yakima, Wash. Station location: Bluelight Hill, 6 miles northeast of path toward Mount Crawford. Bickleton, Wash. 4505- C1-P—70— Southern Pacific Communications Co. (New), Mount Crawford. Application 2646- C1-P—71— The Pacific Telephone & Telegraph Co. (KMA29), C.P. to add frequency is amended to change frequencies toward Chehalis to 5974.8, 6093.5 MHz. Add frequency 4150 MHz toward East Bay Hills, Calif. Station location: Mount Diablo, 3.6 miles 6004.5 MHz toward Tiger Mountain. Add azimuth 40°26' toward Tiger Mountain. Delete northeast of Diablo, Calif. 2647- C1-P-71— The Pacific Telephone and Telegraph Co. (KMC67), C.P. to add frequency transmission path toward Tacoma. 4110 MHz toward Oakland and Mt. Diablo, Calif. Station location: East Bay Hills, 4506- C1-P-70— Southern • Pacific Communications Co. (New), Chehalis. Application is 3750 Grizzly Peak Boulevard, Oakland, CA. amended to change frequencies toward Mount Crawford to 6226.9, 6404.8 MHz. Add 2648- C1-P-71— The Pacific Telephone and Telegraph Co. (KMQ36), C.P. to add frequency frequencies 6286.2, 6345.5 MHz toward Green Mountain. Add azimuth 169°24’ toward 4150 MHz toward East Bay Hills, Calif. Station location: 1587 Franklin Street, Green Mountain. Delete transmission path toward Castle Rock. Oakland, CA. 4508- C1-P-70— Southern Pacific Communications Co. (N ew ), Green Mountain. Application 2658- C1-P-71—American Telephone and Telegraph Co. (New), C.P. for a new station is amended to change frequencies toward Mount Scott, Oreg., to 5945.2, 6063.8 MHz. Add to be located at 3.7 miles northwest of Jamesburg, Calif. Frequencies: 2128, 11,385, and frequencies 5974.8, 6093.5 MHz to Chehalis. Add azimuth 349°32' toward Chehalis. Delete 11,545 MHz toward Jamesburg, Calif., via passive reflector. transmission path toward Castle Rock. 2659- Cl—P—71— American Telephone and Telegraph Co. (New), C.P. for a new station to 4509- C1-P-70— Southern Pacific Communications Co. (New), Mount Scott. Application is be located at 5.8 miles east-northeast of Jamesburg, Calif. (Palo Escrito). Frequencies: amended to change frequencies toward Green Mountain, Wash., to 6197.2, 6315.9 MHz, and 2178, 10,975, and 11,135 MHz toward Jamesburg, Calif., via passive reflector and 2170, toward Portland to 6226.9, 6404.8 MHz, and toward Prospect Hill to 6226.9, 6404.8 MHz. 10,775, and 10,935 MHz toward Thompson Valley, Calif. Change azimuth toward Portland to 310° 12' and toward Prospect Hill to 214° 02'. 2660- C1-P-71— American Telephone and Telegraph Co. (New), C.P. for a new station to 4510- C1-P-70— Southern Pacific Communications Co. (New), Portland. Application is be located at 7.1 miles east-northeast of Camp McCullum, Calif. (Thompson Valley). amended to change frequencies toward Mount Scott to 5974.8, 6152.8 MHz. Change Frequencies: 2120, 11,345, and 11,665 MHz toward Palo Escrito, Calif., and 4190, 6093.5,

and 6152.8 MHz toward Pacheco Pass, Calif. azimuth toward Mount Scott to lSO'O?'. 18329

FEDERAL REGISTER, VOL. 35, NO. I— WEDNESDAY, DECEMBER 2, 1970 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)---C ontinued PO IN T-TO -P O IN T MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) —--C o n tin u ed 18330

4511- C1-P-70— Southern Pacific Communications Co. (New), Prospect Hill. Application is 4528- C1-P-70— Southern Pacific Communications Co. (N ew ), Gridley. Application is amended amended to change frequencies toward Mount Scott to 6034.2, 6093.5 MHz, and toward to change frequencies toward Chico to 6345.5 MHz, and toward Erie to 6226.9 MHz. Change Albany to 5945.2, 6004.5 MHz, and toward Eugene to 6152.8 MHz. Change azimuth toward azimuth toward Chico to 342*41', and toward Erie to 151*35'. Mount Scott to 33°38' and toward Salem to 40°04' and toward Albany to 176*34', and 4529- C1-P-70— Southern Pacific Communications Co. (N ew ), Erie. Application is amended to toward Eugene to 180°46'. Transmitter toward Salem changed to Type No. 778P2. change frequencies toward Gridley to 6034.2 MHz, and toward Roseville to 6152.8 MHz. 4512- C1-P-70— Southern Pacific Communications Co. (New), Salem. Change azimuth Change azimuth toward Gridley to 331*43', and toward Roseville to 156*58'. toward Prospect Hill to 220*08'. Transmitter toward Prospect Hill changed to Type No, 4530- C1-P-70— Southern Pacific Communications Co. (New), Roseville. Application is 778F2. amended to change frequencies toward Erie to 6404.8 MHz, and toward Sacramento to 4813-C1-P-70— Southern Pacific Communications Co. (New), Albany. Application is 11,015, 11,175 MHz. Change azimuth toward Erie to 337*04' and toward Sacramento to amended to change frequencies toward Prospect Hill to 6197.2, 6315.9 MHz. Change 225*13'. Transmitter to Sacramento changed to Model 76D3. 1 azimuth toward Prospect Hill to 356*35'. 4531- C1-P-70-—Southern Pacific Communications Co. (New ), Sacramento. Application Is 4514- C1-P-70— Southern Pacific Communications Co. (N ew ), Eugene. Application is amended amended to change frequencies toward Roseville to 11625, 11305 MHz, and toward Mount to change frequencies toward Prospect Hill to 6345.5 MHz, and toward Wolf Mountain to Vaoa to 6137.9, 6078.6 MHz. Change azimuth toward Roseville to 45*05’ and toward Mount 6286.2 MHz. Change azimuth toward Prospect Hill to 0*45' and toward Wolf Mountain to Vaca to 249*21'. Transmitters toward Roseville changed to Model No. 76D3. 124*33'. 4532- C1-P-70— Southern Pacific Communications Co. (New ), Mount Vaca. Application is 4515- C1-P-70— Southern Pacific Communications Co. (New), Wolf Mountain. Application amended to change frequencies toward Sacramento to 6212.1, 6330.6 MHz, and toward is amended to change frequencies toward Eugene to 6063.8 MHz, and toward Odell Butte ISan Francisco to 6315.9 MHz. Change azimuth toward Sacramento to 68*59' and toward to 5945.2, 6004.5 MHz. Change azimuth toward Eugene to 305*11' and toward Odell Butte San Francisco to 200*22' and toward Stockton to 124*10'. to 118*45'. 4533- Cl—P—70—Southern Pacific Communications Co. (N ew ), San Francisco. Application is 4516- C1-P-70— Southern Pacific Communications Co. (New), Odell Butte. Application is amended to change frequencies toward Mount Vaca to 6123.1 MHz, and toward Loma amended to change frequencies toward Wolf Mountsftn to 6197.2, 6256.5 MHz. Change Prieta to 6123.1 MHz, and toward Oakland to 11015, 11175 MHz. Change azimuth toward azimuth toward Wolf Mountain to 298*00' and toward Applegate Butte to 171*00'. Mount Vaca to 20*12' and toward Loma Prieta to 147*08' and toward Oakland to 79*07'. 4517- C1-P-70— Southern Pacific Communications Co. (N ew ), Applegate Butte. Change azi­ Transm itters toward O akland changed to M odel No. 76D3. muth toward Odell Butte to 352*06' and toward Chiloquin to 228*10'. 4534- C1-P-70— Southern Pacific Communications Co. (New), Oakland. Application is 4518- C1-P-70— Southern Pacific Communications Co. (New), Chiloquin. Change azimuth amended to change frequencies toward San Francisco to 11625, 11305 MHz. Change azimuth toward Applegate Butte to 39*24' and toward Chase Mountain to 191*31'. Transmitter toward San Francisco to 259*11'. Transmitters toward San Francisco changed to Model tow ard Chase M ountain changed to Model No. 75A2. . No. 76D3. 4519- C1-P-70— Southern Pacific Communications Co. (New), Chase Mountain. Application4535- C1-P-7Q— Southern Pacific Communications Co. (New ), Loma Prieta. Application is is amended to change frequencies toward Klamath Falls to 6004.5, 6063.8 MHz, and toward amended to change frequencies toward San Francisco to 6375.2 MHz, and toward San Jose NOTICES Humbug Mountain to 5974.8, 6152.8 MHz. Change azimuth toward Chiloquin'to 8*05' and to 11385, 11545 MHz, and toward Redwood City to 6256.5, 6315.9 MHz. Change azimuth toward Klamath Falls to 54*38' and toward Humbug Mountain to 236*3T. Transmitter toward San Francisco to 327*28' and toward San Jose to 344*46' and toward Redwood City toward Chiloquin changed to Model No. 75A2. to 323*21'. Transm itters toward Saxi Jose changed to Model No. 76D3. 4520- C1-P-70— Southern Pacific Communications Co. (New), Klamath Falls. Application is 4536- C1-P—70— Southern Pacific Communications Co. (New), San Jose. Application is amended to change frequencies toward Chase Mountain to 6197.2, 6345.5 MHz. Change amended to change frequencies toward Loma Prieta to 10775, 10935 MHz. Change proposed azimuth toward Chase Mountain to 234*47'. station location to Newhall Street and S.P. right-of-way. (latitude 37"20'52'' N., longitude 4521- C1—P-70— Southern Pacific Communications Co. (N ew ), Humbug Mountain. Application 121*55'21'' W .) Change azimuth toward Loma Prieta to 164*43'. Transmitters toward Loma is amended to change frequencies toward Chase Mountain to 6226.9, 6404.8 MHz, and Prieta changed to M odel No. 76D3. toward Dunsmuir to 6286.2, 6345.5 MHz. Change azimuth toward Chase Mountain to 56*08', 4537- C1-P-70— Southern Pacific Communications Co. (New ), Redwood City. Application is and toward Dunsmuir to 147*06'. Transmitter toward Dunsmuir changed to Model No. 75A2. amended to change frequencies toward Loma Prieta to 5945.2, 6063.8 MHz. Change azimuth 4522- C1-P-70— Southern Pacific Communications Co. (New), Dunsmuir. Change azimuth tow ard Lom a Prieta to 143*09'. toward Humbug Mountain to 329*34', and toward Sugar Loaf Mountain to 204*05'. Trans­ 4538- C1-P-70— Southern Pacific Communications Co. (New), Stockton. Application is mitter toward Humbug Mountain changed to Model No. 75A2. amended to change frequencies toward Mount Vaca to 6167.6 MHz, and toward Tracy to 4523- Cl-P—70— Southern Pacific Communications Co. (New ), Sugar Loaf Mountain. Appli­ 6034.2, 6152.8 MHz. Change azimuth toward Mount Vaca to 304*41' and toward Tracy to cation is amended to change frequencies toward Dunsmuir to 6197.2, 6375.2 MHz, and 206*23'. toward Inks Ridge to 6286.2, 6345.5 MHz. Change azimuth toward Dunsmuir to 26*15', 4539- C1—P-7Q— Southern Pacific Communications Co. (N ew ), Tracy. Application is amended and toward Inks R idge to 155*05'. to change frequencies toward Stockton to 6404.8, 6286.2 MHz, and toward Hatch to 6345.5 4524- C1-P-70— Southern Pacific Communications Co. (New), Inks Ridge. Application is MHz. Change azimuth toward Stockton to 26*18' and toward Hatch to 123*44'. amended to change frequencies toward Sugar Loaf Mountain to 5974.8, 6093.5 MHz, and 4540- C1—P—70— Southern Pacific Communications Co. (N ew ), Hatch. Application is amended toward Redding to 6004.5, 6123.1 MHz. Change azimuth toward Sugar Loaf Mountain to to change frequencies toward Tracy to 6034.2 MHz, and toward Merced to 6152.8 MHz. 335*17', and toward Redding to 315*17', and toward Gerber to 184*17'. Change azimuth toward Tracy to 304*01' and toward Merced to 117*34'. 4525- Cl-P-70— Southern Pacific Communications Co. (New), Redding. Application is45.41-C1-P-7C— Southern Pacific Communications Co. (N ew ), Merced. Application is amended amended to change frequencies toward Inks Ridge to 6256.5, 6375.2 MHz. Change azimuth to change frequencies toward Hatch to 6404.8 MHz, and toward Berenda to 6286.2 MHz. tow ard Inks Ridge to 135*06'. Change azimuth “toward Hatch to 297*53' and toward Berenda to 135*18'. 4526- C1—P-70— Southern Pacific Communications Co. (N ew ), Gerber. Application is amended 4542- C1—P—70— Southern Pacific Communications Co. (New ), Berenda. Application is to change frequencies toward Inks Ridge to 6286.2, 6404.8 MHz, and toward Chico to 6301.0 amended to change frequencies toward Merced to 6034.2 MHz, and toward Fresno to 6152.8 MHz. Change azimuth toward Inks Ridge to 4*16', and toward Chico to 114*13'. MHz. Change azimuth toward Merced to 315*28' and toward Fresno to 136*23'. 4527- C1-P—70— Southern Pacific Communications Co. (N ew ), Chico. Application is amended 4543— C1—P-70— Southern Pacific Communications Co. (N ew ), Fresno. Application is amended to change frequencies toward Gerber to 6049.0 MHz, and toward Gridley to 6093.5 MHz. to change frequencies toward Berenda to 6345.5 MHz, and toward Trauer to 6286.2 MHz. Change azimuth toward Gerber to 324*30', and toward Gridley to 162*36'. Change azimuth toward Berenda to 316*34' and toward Trauer to 138*41'.

FEDERAL REGISTER, VO L. 3 5 , N O . 2 3 3 — W EDNESDAY, DECEMBER 2, 1970 POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)--- Continued POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)----Continued 4544- C1-P-70— Southern Pacific Communications Co. (N ew ), Trauer. Application Is amended 4558-C1-P-70— Southern Pacific Communications Co. (New), San Diego. Application is to change frequencies toward Fresno to 6123.1 MHz, and toward Tipton to 6004.5 MHz. amended to change frequencies toward Monument Peak to 6034.2, 6093.5 MHz. Change Change azimuth toward Fresno to 318°54' and toward Tipton to 160*24'. proposed station location to (latitude 32*42'20" N.) Change azimuth toward Monument 4545- C1-P-70— Southern Pacific Communications Co. (N ew ), Tipton. Application is amended Peak to 72*57'. Transmitters toward Monument Peak changed to Model No. 75A2. to change frequencies toward Trauer to 6256.5 MHz, and toward Famoso to 6286.2 MHz. 6493-C1-P-70— Southern Pacific Communications Co. (N ew ), Running Springs. Application Change azimuth toward Trauer to 340°30' and toward Famoso to 169°25\ is amended to change frequencies toward Holiday Hill to 6256.5, 6375.2 MHz, and toward 4546- C1-P-70— Southern Pacific Communications Co. (N ew ), Famoso. Application is amended Beaumont to 11265, 11425 MHz, and toward San Bernardino to H,305, 11465 MHz. Change to change frequencies toward Tipton to 6034.2 MHz, and toward Pampa Peak to 5974.8, azimuth toward Holiday Hill to 289*02' and toward San Bernardino to 242*25'. Delete 6152.8 MHz. Change azimuth toward Tipton to 349*29' and toward Pampa Peak to 120°50'. transmission path to Santiago Peak. Transmitters toward Holiday Hill changed to Model 4547- C1-P-70— Southern Pacific Communications Co. (New ), Pampa Peak. Application is No. 75A2, toward Beaumont changed to Model No. 7501, and toward San Bernardino amended to change frequencies toward Famoso to 6404.8, 6286.2 MHz, and toward Bakers­ changed to 76D3. field to 6197.2, 6256.5 MHz, and toward Oak Creek Pass to 6404.8, 6286.2 MHz. Change 4555-C1-P-70— Southern Pacific Communications Co. (New), San Bernardino. Application is azimuth toward Famoso to 301*07' and toward Bakersfield to 272°47' and toward Oak Creek amended to change frequencies toward Running Springs to 10855, 11175 MHz. Change Pass to 137*00'. azimuth toward Running Springs to 62*19'. Transmitters toward Running Springs changed 4548- C1-P-70— Southern Pacific Communications Co. (New), Bakersfield. Application is . to M odel No. 76D3. am ended to change frequencies tow ard Pam pa Peak to 5945.2, 6004.5 MHz. Change azim uth 6492-C1-P-70— Southern Pacific Communications Co. (New ), Beaumont. Application is toward Pampa Peak to 92°37'. amended to change frequencies toward White Water Hill to 5974.8, 6034.2 MHz, and toward 4549- C1—P—70— Southern Pacific Communications Co. (N ew ), Oak Creek Pass. Application is White Water Hill to 10855, 11015 MHz, and toward Running Springs to 10735, 11055 MHz. amended to change frequencies toward Pampa Peak to 6034.2, 6152.8 MHz, and toward Change azimuth toward White Water Hill to 90*47'. Added Model 75D1 transmitters Lancaster to 6034.2, 6152.8 MHz. Change azim uth tow ard Pam pa Peak to 317° 12' and toward White Water Hill. Transmitters toward Running Springs changed to 75D1. All tow ard Lancaster to 151*04'. other particulars same as previously reported in public notices dated February 16, 1970, and 4550- C1-P-70— Southern Pacific Communications Co. (New), Lancaster. Application is A pril 27,1970, Reports Nos. 479 and 489. amended to change frequencies toward Oak Creek Pass to 6404.8, 6286.2 MHz, and toward POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) * Holiday Hill to 6404.8, 6286.2 MHz. Change azimuth toward Oak Creek Pass to 331° 12' and tow ard Holiday H ill to 132° 13'. 2275-C1-ML-71— West Texas Microwave Co. (K ZI25), Modification of License to transmit, via 6404-C1-P-7O— Southern Pacific Communications Co. (New), Holiday 'Hill. Application is audio subcarrier, the signal of the Interstate Broadcasting Co. (IBC) of Dallas, Tex., to amended to change frequencies toward Lancaster to 6034.2, 6093.5 MHz, and toward IBC affiliates KRAN (AM ), Morton;. KZOL (AM ), Farwell; and KLVT (AM ), Levelland; Running Springs to 6004.5, 6123.1 MHz, and toward Los Angeles to 6004.5, 6123.1 MHz. all in the State of Texas. NOTICES Change azimuth toward Lancaster to 312°29' and toward Running Springs to 108°43' and 2612- C1-MP-71— New York-Penn Microwave Corp. (KZA 86), Modification of C.P. to change toward Los Angeles to 237*25'. Transmitters toward Running Springs changed to Model frequencies to 6375.2 and 6404.8 MHz on azimuth 87*02'. Location: Tyrone Mountain, No. 75A2. 6 miles northwest of Tyrone, Pa. 6495-C1-P-70— Southern Pacific Communications Co. (New), Los Angeles. Application is 2613- C1-MP-71— New York-Penn Microwave Corp. (WDD75), Modification of C.P. File No. amended to change frequencies toward Holiday Hill to 6256.5, 6375.2 MHz, and toward 2419-C1-P-70 as follows: Change location to O.fe mile north of town of Dupont, Pa., at Long Beach to 11585, 11265 MHz. Change azimuth toward Holiday Hill to 57°06', and latitude 41°19'54" N., longitude 75°44'10'' W. Frequency 11,585 MHz on azimuth 214*35' toward Long Beach to 172°34'. Transmitter toward Long Beach changed to Model No. 76D3. tow ard Penobscot M ountain, Pa. 6491-C1-P-70— Southern Pacific Communications Co. (N ew ), White Water Hill. Application 2614- C1-MP-71— New York-Penn Microwave Corp. (WDD78), Modification of C.P. to change is amended to change frequencies toward Beaumont to 6226.9, 6286.2 MHz, and toward location of station to Shade Mountain, 3.5 miles southeast of Beaver Springs, Pa., at lati­ Beaumont to 11465, 11625 MHz, and toward Indio to 11385, 11545 MHz. Added Model 75D1 tude 40°42'40" N., longitude 77°09'52'' W. No change in frequencies or points of transmitters toward Beaumont. Transmitters toward Indio changed to Model No. 75D1. communication. 6490-C1-P-70— Southern Pacific Communications Co. (N ew ), Indio. Application is amended 2615- C1-MP-71— New York-Penn Microwave Corp. (WDD79), Modification of C.P. to change to change frequencies toward White Water Hill to 10775, 10935 MHz, and toward Cactus to location of station to Little Flat Tower, 2.2 miles southeast of Boalsburg, Pa., at latitude 10775, 10935 MHz. Change azimuth toward Cactus to 108°49'. All transmitters at this 40°45'11'' N., longitude 77°45'18'' W. Frequencies 5945.2 and 6152.8 MHz on azimuth location changed to Model No. 75D1. 267*25', 6004.5, 6034.2, and 6123.1 MHz on azimuth 95*53' and 11,055 MHz on azimuth 6489-C1-P-70— Southern Pacific Communications Co. (N ew ), Cactus. Application is amended 303*36'. to change frequencies toward Indio to 11385, 11545 MHz, and toward Superstition Hills to 2616- C1-MP-71— New York-Penn Microwave Corp. (WDD84), Modification of C.P. to change 6286.2, 6345.5 MHz. Change proposed station location to 2 miles southwest of Cactus City location of receiving site to latitude 40*26'39" N. longitude 79°57'12" W. in Pittsburgh, (latitude 33°39'18'' N., longitude 115°59'06" W .) (This site replaces one near Salton, Calif.) Pa. Frequency 11,055 MHz on azimuth 257*39'. Location: 4802 Fifth Avenue, Pittsburgh, Change azimuth toward Indio to 288°56' and toward Superstition Hills to 167°37'. Trans­ Pa. at latitude 40°26'44" N., longitude 79°56'42" W. m itters tow ard In dio changed to M odel No. 75D1. 2617- C1-MP-71— New York-Penn Microwave Corp. (WDD87), Modification of C.P. to change 6488-C1-P-7Q— Southern Pacific Communications Co. (N ew ), Superstition Hills. Application frequency 6404.8 MHz on azimuth 266*33' and to 6301.0 MHz on azimuth 130*54'. Location: is amended to change frequencies toward Cactus to 6034.2, 6093.5 MHz. Add frequencies Pekin Point, 6 miles west-northwest of Clymer, N.Y. 5974.8 6nd 6152.8 toward new station at Monument Peak. Change azimuth toward Cactus 2618- C1-MP-71— New York-Penn Microwave Corp. (WDD 88) , Modification of C.P. to change to 347*43'. Add azimuth 264*23' toward Monument Peak. Our proposed system between frequency to 6152.8 MHz on azimuth 86*20'. Location: 5.5 miles south of Erie, Pa. at Los Angeles and East St. Louis, 111. (now on flle)Jt breaks off at this station toward El latitude 42°02'31" N. longitude 80°03'57''W. Centro and east. Stations between Superstition Hills and Los Angeles are common to both systems. 2619- C1-P-71— Frank K. Spain, doing business as Microwave Service Co. (New ), C.P. for a new station to be located at 4.4 miles east of Modjeska, Calif. Frequencies: 10,755 and 4553-C1-P-70—Southern Pacific Communications Co. (New), Long Beach. Application is 10,815 MHz toward Snow Peak, on azimuth 62*15'. amended to change frequencies toward Los Angeles to 10895, 11055 MHz. Change azimuth toward Los Angeles to 352*36'. Transmitter toward Los Angeles changed to Model No. 76D3. (Informative: Applicant proposes to establish a new off-the-air pickup point for the 18331

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18332 NOTICES

p o in t - t o -p o in t m ic r o w a v e rad io se rvic e ( nontelephone ) — continued tional Operations and requests consider­ signals of KNBC-TV and KCET-TV of Los Angeles, Calif, for delivery to.their subscribers ation by the Regional Appellate Division, in Yucca Valley, Twentynine Palms, Desert Hot Springs, Palm Springs, Rancho Mirage the Regional Commissioner is authorized Palm Desert, Indio, and Thousand Palms; all in California.) v exclusively to represent the Commis­ 2649-C1-P-71— American Microwave & Communications, Inc. (KQM 44) , C.P. to replace sioner in the determination of liability transmitters and change frequencies 6325 and 6415 MHz to 6160.2 and 6100.9 mtt-7. tow ard for (1) income, profits, estate, gift, and Elmira, Mich., on azimuth 356°07' and to power split frequency 6160.2 MHz toward Chapter 42 (I.R.C. 1954) excise tax in Mount Tom, Mich., on azimuth 70°04' and also toward a new point of communication at cases not docketed in the U.S. Tax Court, Kalkaska, Mich., on azimuth 311°30'. Location; 7 miles southwest of Grayling, Mich, at whether before or after issuance of a latitude 44°34'41" N„ longitude 87°47'44" W. statutory notice, and (2) the other excise (Informative: Applicant proposes to provide the television signal of station W JRT-TV and employment taxes, designated in of Flint, Mich., to Northern Entertainment, Inc.;, the proposed operator of a new UHF tele­ paragraph 5 of this order. In each region vision broadcast station at Traverse City, Mich., and to improve the quality of signal which the Assistant Regional Commissioner is presently received off-the-air at Mount Tom, Mich.) (Appellate), as Chief of the Appellate Division of the region, is authorized and [F.R. Dec. 70-16007; Filed, Dec. 1,1970; 8:45 a.m.] each Chief, Associate Chief, Assistant Chief, and Conferee Special Assistant, and District " Directors by 26 CFR Appellate Branch Office, is authorized to DEPARTMENT OF THE TREASURY 301.7701-9 and 26 CFR 1.1313(a)-4, the represent the Regional Commissioner in the determination of tax liability in any Interna! Revenue Service authority to enter into agreements pur­ suant to section 1313(a)(4), Internal such case. [Order No. 8 (Rev. 4) ] Revenue Code of 1954, relating to agree­ (b) The authorities delegated in sub- paragraph (a) of this paragraph are ASSISTANT REGIO N A L COMMIS­ ments treated as determinations, is hereby delegated to the following subject to the exceptions set forth in SIONERS (APPELLATE) ET AL. officials: paragraph 3 of this order and, except as (a) Assistant Regional Commissioners provided in paragraph 4, they may not Authority To Sign Agreements as to be redelegated. Liability for Personal Holding Com­ (Appellate), (b) Chiefs, Appellate Branch Offices, 2. (a) In each income, profits, estate, pany Tax

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18333

Similarly, the Assistant Regional Com­ Date of issue: November 23, 1970. [Order No. 77 (Rev. 4) ] missioner (Appellate) for the region Effective date: November 23, 1970. CHIEFS, APPELLATE BRANCH OFFICES which includes Washington, D.C., may ET AL. relinquish the jurisdiction of the Appel­ [ s e a l ] R a n d o l p h W . T h r o w e r , late Division by waiver to the office of the Commissioner. Authority To Issue Statutory Notices of Director of International Operations in [F.R. Doc. 70-16138; Filed, Dec. 1, 1970; Deficiency any case in which the office of that Di­ 8:49 a.m .] rector issued the statutory notice. No 1. The authority granted to the Com­ such waiver shall be made in any case in missioner of Internal Revenue, Assistant which criminal prosecution has been [Order No. 75 (Rev. 5) ] Regional Commissioners (Appellate) and recommended and not finally disposed ASSISTANT REGIO N AL COMMIS­ District Directors by 26 CFR 301.7701-9, 26 CFR 301.6212-1, and 26 CFR of; nor in any case in which the deter­ SIONER (APPELLATE) ET AL. mination in the statutory notice includes 301.6861-1 to sign, and send to the tax­ the ad valorem fraud penalty. Notwith­ Authority of Regional Appellate Divi­ payer by registered or certified mail any standing any such waiver, upon filing sion in Offers in Compromise statutory notice of deficiency is hereby of a petition with the Tax Court, juris­ delegated to the following officials: diction shall revest in the Appellate Pursuant to the authority vested in (a) Chiefs, Appellate Branch Offices, Division. the Commissioner of Internal Revenue (b) Associate Chiefs, Appellate Branch 5. The excise and employment taxes by Treasury Department Order No. 150- Offices, subject to the provisions of this order 25, dated June 1, 1953, as amended by (c) Assistant Chiefs, Appellate Branch include any Federal excise or employ­ Order No. 180, dated November 17, 1953, Offices, ment tax: and Order No. 150-36, dated August 17, (d) Conferee-Special Assistants, Ap­ (a) Under the Internal Revenue Code 1954, 26 CFR 301.7122-1 and 26 CFR pellate Branch Offices, of 1939, except any tax imposed by: 301.7701-9, it is hereby ordered: (e) Director of International Opera­ (1) Chapters 8, 15, 23, 26, or 27A; 1. Each Assistant Regional Commis­ tions, (2) Subchapter B of Chapter 25; sioner (Appellate), and each Chief, As­ ( f ) Assistant District Directors, and (3) Parts V, VI, VII, or V III of Sub­ sociate Chief, Assistant Chief, and Con­ (g) Chiefs of District Audit Divisions. chapter A of Chapter 27 ; feree-Special Assistant, Appellate 2. This authority may be redelegated (4) Subchapter B of Chapter 28, in­ Branch Office, is authorized to deter­ only by District Directors and the Direc­ sofar as it relates to liquor and tobacco; mine the disposition to be made of any tor of International Operations, who may or offer in compromise submitted under the redelegate to the Chief of Review Staff (5) Chapter 9A, insofar as it relates provisions of section 7122 of the Inter­ (or to the Chief of Technical Branch to distilled spirits, wines, cordials, or fer­ nal Revenue Code of 1954, in which (a) where that position has been estab­ mented malt liquors. the proponent does not agree with the lished); Chief of Conference Staff; to (b) Under the Internal Revenue Code rejection or proposed rejection of the Revenue Agents (Reviewers or Con­ of 1954, except any tax imposed by: offer in the district office, the Office of ferees) not lower than GS-11 for field (1) Chapter 35 of Subtitle D; International Operations or a Service audit cases; and to Revenue Agents (Re­ (2) Subchapter A, Chapter 39 of Sub­ Center and requests regional Appellate viewers or Conferees) and Tax Techni­ title D; Division consideration or (b) the liabil­ cians (Reviewers or Conferees) not lower (3) Subtitle E; or ity was previously determined by a re­ than GS-9 for office audit cases. (4) Subchapter D, Chapter 78 of Sub­ gional Appellate Division and the offer 3. This order supersedes Delegation title F, insofar as it relates to liquor and is based in whole or in part on doubt as Order No. 77 (Rev. 3), issued October 20, tobacco. to liability. 1969. 6. (a) The authority to determine tax 2. A determination by regional Ap­ Date of issue: November 23, 1970. liability under this order includes the pellate Division officials to accept an of­ authority to make and subscribe to a re­ fer (other than one involving specific Effective date: November 23,1970. turn under the provisions of section 6020 penalties only) pursuant to paragraph 1 of the Internal Revenue Code of 1954. [ s e a l ] R a n d o l p h W . T h r o w e r / above will be subject to my approval if Commissioner. (b) The authority delegated in sub- the unpaid amount of tax (including any paragraph (a) of this paragraph may interest, penalty, additional amount or [F.R. Doc. 70-16140; Filed, Dec. 1, 1970; be redelegated to Appellate Conferees. addition to the tax) is $100,000 or more. 8:49 a.m .] 7. (a) In the performance of his func­ 3. The authorities delegated herein tions under this order, each Regional may not be redelegated and are not ap­ [Order No. 93 (Rev. 3) ] Counsel shall be subject to the general plicable to cases arising under tax laws supervision and control of the Chief relating to wagering, narcotics, mari­ ASSISTANT REGIO N A L COMMIS­ Counsel. With the approval of the Chief SIONERS (APPELLATE) ET AL. Counsel, Regional Counsel may redele­ huana, alcohol, tobacco, or firearms gate any function by this order vested in (other than firearms taxes imposed by Authority To Consent to a Redeter­ Regional Counsel. sections 4181 and 4182 of the Internal mination of Aggregations (h) The Regional Counsel will con­ Revenue Code of 1954 and sections 2700 sider all memoranda prepared in the Re- 1. The authority vested in the Com­ and 3407 of the Internal Revenue Code missioner of Internal Revenue as pre­ Appellate Division recommending of 1939) or to offers in compromise com­ the issuance of statutory notices, prior scribed in 26 CFR 1.614-2(d) (5) and 26 to the issuance of such statutory notices ing within the jurisdiction of the Chief CFR 1.614-3 (f) (8) is hereby delegated by the Regional Appellate Division. Counsel under existing procedures, rules to Assistant Regional Commissioners Jj. The instructions contained in this or delegations. (Appellate); Chiefs, Associate Chiefs, Assistant Chiefs, and Conferee-Special order are intended to supplement the 4. This order supersedes Delegation instructions contained in Delegation Assistants, Appellate Branch Offices; Order No. 75 (Rev. 4), issued October 20, District Directors; and Chiefs, District Order No. 60—Chief Counsel’s Order No. 1969. 1958-5, dated April 17, 1958, and super­ Audit Divisions to: sede other prior instructions to the ex­ Date of issue: November 23,1970. Consent to the reforming of aggrega­ tions by a taxpayer where the taxpayer tent that such other prior instructions Effective date: November 23,1970. are inconsistent herewith. has formed invalid basic aggregations or 9- This order supersedes Delegation [ s e a l ] R a n d o l p h W . T h r o w e r , made invalid additions to valid or in­ Order No. 66, (Rev. 3), Chief Counsel’s Commissioner. valid basic aggregations, and Order No. 1958-11 (Rev. 3), issued [F.R. Doc. 70-16139; Filed Dec. 1, 1970; Consent, in the case of oil and gas wells October 20, 1969. 8:49 a.m .] where ah invalid aggregation has been

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 No. 233- 18334 NOTICES formed under section 614(b), to the of the operating provisions of the tax paragraph 2 to the Deputy Assistant treatment by a taxpayer of all the prop­ conventions of the United States. Commissioner (technical) and to the erties included in the aggregation, which 4. Regional Commissioners; Assistant technical advisors on the staff of the As­ fall within a single operating unit, under Regional Commissioners (appellate) ; sistant Commissioner (technical) for the provisions of section 614(d) rather Chiefs, Associate Chiefs, Assistant cases that do not involve precedent than section 614(b) of the 1954 Code if Chiefs, and Conferee-Special Assistants, issues. so requested by the taxpayer. Appellate Branch Offices, are hereby au­ 10. Delegation Order No. 97 (Rev. 8), 2. In the case of oil and gas wells this thorized in cases under their jurisdiction issued June 26,1970 [I.R.B. 1970-32, 22], delegation order shall apply only to tax­ and in cases in which a closing agree­ is hereby superseded. able years subject to the 1954 Code be­ ment has been recommended for ap­ Date of issue: November 23, 1970. ginning before January 1, 1964. proval by the office of a District Director 3. The authority delegated herein may (but excluding cases docketed before the Effective date: November 23, 1970. not be redelegated. U.S. Tax Court) to enter into and ap­ [ seal] R andolph W. T hrower, 4. This order supersedes Delegation prove a written agreement with any per­ Commissioner. Order No. 93 (Rev. 2), issued October 20, son relating to the internal revenue tax 1969. liability of such person (or of the persôn [F.R. Doc. 70-16142; Filed, Dec. 1, 1970; or estate for whom he acts) for a taxable 8:49 a.m .] Date of issue: November 23, 1970. period or periods ended prior to the date Effective date: November 23, 1970. of agreement and related specific items [Order No. 107 (Rev. 2) ] affecting other taxable periods. [ seal] R andolph W. T hrower, ASSISTANT REGIO N A L COMMIS­ Commissioner. 5. Regional Commissioners; Assistant Regional Commissioners (appellate) ; SIONERS (APPELLATE) ET AL. [F.R. Doc. 70-16141; Filed, Dec. 1, 1970; Chiefs, Associate Chiefs, Assistant Authority To Determine That Certain 8:49 a jn .] Chiefs, and Conferee-Special Assistants, Appellate Branch Offices, are hereby au­ Institutions Do Not Intend To Avoid [O rder No. 97 (Rev. 9) ] thorized in cases under their jurisdiction Taxes docketed in the U.S. Tax Court to enter ASSISTANT COMMISSIONER (COM­ Authority to determine that certain into and approve a written agreement “ savings institutions” do not intend to PLIANCE) ET AL. > with any person relating to the internal avoid taxes by paying dividends or in­ revenue tax liability of such person (or terest for periods representing more than Closing Agreements Concerning Inter­ of the person or estate for whom he acts) nal Revenue Tax Liability 12 months. but only in respect to related specific 1. The authority granted to the Com­ Pursuant to authority granted to the items affecting other taxable periods. missioner of Internal Revenue under 26 Commissioner of Internal Revenue by 26 6. The Director of International Oper­ CPR 1.461-1 (e) (3) (ii) to determine that CPR 301.7121-1 (a) ; Treasury Depart­ ations is hereby authorized to enter into an organization referred to therein does ment .Order No. 150-32, dated Novem­ and approve a written agreement with not intend to avoid taxes (and therefore ber 18, 1953; and Treasury Department any person relating to the internal rev­ be permitted to deduct one-tenth of the Order No. 150-36, dated August 17, 1954 enue tax liability of such person (or of amount of dividends or interest not al­ [C.B. 1954-2, 733] : the person or estate for whom he acts) to lowed as a deduction for a taxable year 1. The Assistant Commissioner (com­ provide for the mitigation of economic under 26 CPR 1.461-l(e) (1) in each of pliance) is hereby authorized to enter double taxation under section 3 of Rev­ 10 succeeding taxable years) is hereby into and approve a written agreement enue Procedure 64-54, C.B. 1964-2, 1008, delegated to the following officials: with any person relating to the internal and under Revenue Procedure 69-13, (a) Assistant Regional Commissioners revenue tax liability for alcohol, tobacco C.B. 1969-1, 402, and to enter into and (appellate), and firearms taxes, other than the man­ approve a written agreement providing (b) District Directors, ufacturers excise tax on firearms arising for such mitigation and relief under (c) Director of International Opera­ from application of sections 4181 and Revenue Procedure 65-17, CJ3. 1965-1, tions, 4182 of the Internal Revenue Code, of 833. (d) Chiefs, Appellate Branch Offices, such person (or of the person or estate 7. District Directors of Internal Rev­ (e) Associate Chiefs, Appellate for whom he acts) in respect of any enue are hereby authorized in cases Branch Offices, under their jurisdiction to enter into and prospective transactions or completed (f) Assistant Chiefs, Appellate transactions affecting returns to be filed. approve a written agreement with any Branch Offices, 2. The Assistant Commissioner (tech­ person to provide that the internal rev­ nical) is hereby authorized to enter into enue tax liability of such person (or of (g) Conferee-Special Assistants, Ap­ and approve a written agreement with the person or estate for whom he acts) pellate Branch Offices, any person relating to the internal reve­ with respect to the taxability of earnings (h) Assistant District Directors, and nue tax liability, other than for those from a deposit or account of the type (i) Chiefs of District Audit Divisions. taxes covered by delegation to the As­ described in Revenue Procedure 64-24, 2. This authority may be redelegated sistant Commissioner (compliance) in C.B. 1964-1 (Part 1), 693, opened prior only by District Directors and the Direc­ paragraph 1, of such person (or of the to November 15, 1962, will be determined tor of International Operations, ’who person or estate for whom he acts) in on the basis that earnings on such de­ may redelgate to the Chief of Review respect of any prospective transactions posits or accounts are not includible in Staff (or to the Chief of Technical or completed transactions affecting re­ gross income until maturity or termina­ Branch where that position has been turns to be filed. tion, whichever occurs earlier, and that established) and Chief of Conference 3. The Assistant Commissioner (com­ the full amount of earnings on the de­ Staff. posit or account will constitute gross in­ pliance) is hereby authorized to enter 3. This order supersedes Delegation into and approve a written agreement come in the year the plan matures, is assigned, or is terminated, whichever Order No. 107 (Rev. 1), issued October 20, with any person relating to the internal 1969. revenue tax liability of such person (or occurs first. of the person or estate for whom he 8. The authority delegated herein does Date of issue: November 23, 1970. acts) for a taxable period or periods not include the authority to set aside any Effective date: November 23, 1970. ended prior to the date of agreement and closing agreement. [ s e a l ] R a n d o l p h W. T h r o w e r , related specific items affecting other 9. Authority delegated in this order Commissioner. taxable periods or relating to the per­ may not be redelegated, except that the formance of his functions as the com­ Assistant Commissioner (technical) may [F.R. Doc. 70-16143; Filed, Dec. 1, 187°! petent authority in the administration redelegate the authority contained in 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18335

[Order No. 109 (Rev. 2) ] U.S.C. chs. 7 and 9; 25 U.S.C. sec. 334) T. 9 S., R. 3 W., and from sale under section 2455 of the Sec. 3, lot 4; ASSISTANT REGIO N AL COMMIS­ Revised Statutes (43 U.S.C. 1171). The Sec. 10, S W ^ S E ^ . SIONERS (APPELLATE) ET AL. T. 10 S., R. 3 W., lands shall remain open to all other ap­ Sec. 33, N W % N W }4 . Authority To Sign Agreements Deter­ plicable forms of appropriation including T. 11 S.,R. 3 W., mining Inapplicability of Exclusion the mining and mineral leasing laws. As Sec. 9, lots 9 and 16. used in this order, the term “public T. 13 S., R. 3 W., 1. The authority granted to the Com­ lands” means any lands (1) withdrawn Sec. 1, lots 1,2, 3, and 4, Sy2N E % , S i/ a N W ^ , missioner of Internal Revenue and to or reserved by Executive Order No. 6910 NWV4SE14; District Directors by 26 CFR 301.7701-9 of November 26,1934, as amended, or (2) Sec. 23, S W % S W % N E % , N W ^ N W ^ S E ^ , and 26 CFR 1.963-6 (c) to sign agree­ within a grazing district established pur­ Sy2NW%SEi4. ments determining that the exclusion suant to the Act of June 28, 1934 (48 T. 9 S., R. 1 E., under section 963 of the Internal Reve­ Stat. 1269), as amended, which are not Sec. 2, W y2N W *4, N y2S W % , SE1/4SW14; nue Code of 1954 does not apply to U.S. otherwise withdrawn or reserved for a Sec. 21,NE%; Sec. 12, Wi/2N W ^ . shareholders for certain taxable periods Federal use or purpose. T. 11 S., R. 1 E., due to their failure to receive minimum 3. Comments received following pub­ Sec. 2, lots 1, 2, 3, and 4, S ^ N W y 4 ; distributions is hereby delegated to the lication of the notice of proposed classi­ Sec. 3, lots 1, 2, a nd 3; following officials: fication (F.R. 35-14567) on Septem­ Sec. 4, lots 2, 3,4, 5, and 9, Sy2N W y 4; (a) Assistant Regional Commissioners ber 17, 1970 and after the hearing held Sec. 5, S E ^ N E ^ , S W 14NW 14, S % ; Sec. 6, lots 4, 5, 6, and 7, S E ^ N E ^ , S E & (appellate), in Escondido on October 14, 1970, were (b) District Directors, NW14, E%SW]4 , SE14; (c) Director of International Opera­ generally favorable. There are no Sec. 7, lots 1, 2, and 3, N E 14, Ey2N W ^ , changes in the classification from the w y 2SEV4; tions, Sec. 8, lots 1, 2, 3, and 4, w y aN E ^ , N y2 (d) Chiefs, Appellate Branch Offices, proposed classification. NW>/4 ; (e) Associate Chiefs, Appellate 4. The following described lands lo­ Sec. 9, lot 1; Branch Offices, cated within San Diego County are clas­ Sec. 17, lots 1,2, and 3, NW>/4N W y 4 ; Sec. 18, lot 4, NE&, SE^SW ^, N^SEi/i, (f) Assistant Chiefs, Appellate sified for multiple-use management. Branch Offices, SW 14SE 14. (g) Conferee-Special Assistants, Ap­ Sa n B e r n a r d in o M e r id ia n , C a l if o r n ia T. 12 S'., R. 1 E., pellate Branch Offices, T. 10 S., R. 1 W ., Sec. 29, N W y4N W y 4, Sy2NWV4, S W ]4 ; Sec. 30, lots 2,3, and 4, S E & N E ^ , E % S W »4 , (h) Assistant District Directors, Sec. 24, lots 1 and 2. SE%; T. D S., R. 1 W ., (i) Assistant Director of Internation­ Sec. 31, lot 1, Ni/2NEy4, N E ^ N W ^ , SE % Sec. 1, lots 3 and 4, S y2‘, al Operations, SE%; (j) Chiefs of District Audit Divisions, Sec. 11, lots 2, 3, 7,10,15, and 16; Sec. 12, Ni/2, N E 14SW 14, S E 14; Sec. 32, Ni/2N w y 4 , S W ^ S W ^ . and Sec. 13, N W ^SE ^; T. 13 S., R. 1 E., (k) Chief of Audit Division, Office of Sec. 14, lots 11,12, 13, and 14; Sec. 1, NE 14 SE 14, Sy2SEy4; International Operations. Sec. 29, lo t 14; Sec. 5, lots 6 and 7; 2. This authority may be redelegated Sec. 31, lot 6; Sec. 6, lots 1, 2, 3, and 4, S W ^ N E ^ , Ny2 only by District Directors and the Direc­ Sec. 32, lots 8, 9, 11,12, and 13. SE *4; tor of International Operations, who T. 12 S„ R. 1 W., Sec. 12, N E ]4 ; Sec. 35, lots 3, 5, and 6, S E ^ N W 1^- may redelgate to the Chief of Review Sec. 2, lot 7; Sec. 6, lot 7; T. 14 S., R. 1 E., Staff (or to the Chief of Technical Sec. 14, S W 14 NE 14, W V2 SE y4; Sec. 8, N E ^ S W ^ ; Branch where that position has been Sec. 23, N 1/2NE 14, Ei/2SE%; Sec. 13, lots 1,2,3, and 4, N E ^ S E ^ : established) and Chief of Conference Sec. 24, Ei/2N W % , SW »4 ; Sec. 25, lots 5, 6, 7, 8, 9, 10, and 11, S W ^ Staff. -- Sec. 25, lots 1, 2, 3, 4, 5, 6, and 8, Sy2N E»4, NE 14, s y , s w i 4 , w y 2SE i4; 3. This order supersedes Delegation SE 14. Sec. 33, S E y4NE y4 , Ey2S E }4; Order No. 109 (Rev. 1), issued October 20, T. 13 S., R . 1 W ., Sec. 34, lots 2, 3, 4, 5, 6, 7, 8, 9, and 10, 1969. Sec. 17, S y -S E ^ ; n w ^ n e ^ , sy 2NEy4, n e y4 sw y4 , N y2 Sec. 20, Si/2N E ^ , S W ^ S E % ; SE1/4; • Date of issue: November 23, 1970. Sec. 21, lots 9, 10, 16, 17, 24, 25, 26, 27, 28, Sec. 35, lots 1, 2, 3,4, 5, and 6, T ract 54; 29, 30, 31, and 32; Sec. 36, lots 1 ,2 ,3 ,4 , 5, 6, 7, and 8. Effective date: November 23, 1970. Sec. 22, W y a W i/ a N W ^ S E ^ , W y 2N W % S W i4 T 15 S u 1 jj s e y4, sy 2 sw y4 s e y4; sec. 1 , lot i, Ny2, NEy4swy4, Ny2SEy4, [ seal] R andolph W. T hrower, Sec. 27, N1/2SW % ; SE 14SE 14; Commissioner. Sec. 28, SE y4 SW y4, NE % SE y4 , S y2 SE y4; Sec. 2,lot 1, Ny2NE]4, SE^NE^'; [P.R. Doc. 70-16144; Piled, Dec. 1, 1970; Sec. 33, NEV4, NE14NWV4, Sy2N W % ; Sec. 3, lots 2 , 3, and 4, S W % N E y4 , N W ]4 8:49 aim .] Sec. 34, SW % NEi4SEi/4, Sy2S E ^ N E ^ S E i4 , N w y 4, sy 2N w y4 , N y 2s w % ; n w y4 s e 14, sy 2S E ^ . Sec. 4, lot 1, N E % , N y2S E % ; T. 14 S., R. 1 W ., Sec. 35, SEV4NEi4 (except patented mineral Sec. 1, W y-SW ^; survey 6358). Sec. 2, lot 4, Sy2N E % , S E ^ S W ^ , S E % ; DEPARTMENT OF THE INTERIOR T . 16 S., R. 1 E., Sec. 3, lots 3 and 4; sec. 26, w y2 n e y4, s w y4 , w y2 s e y4; Sec. 11, Ni/2, N% SW ]4, S E ^S W ^; Bureau of Land Management Sec. 27, lots 8,10, 15, and 16; Sec. 12, w y2N W ^ . [R-3344] Sec. 34, lots 11,17, 18, and 19; T. 9 S., R. 2 W., Sec. 35, N E 14NW 14. ■ sec. 4 , s w % n e i ,4 , s e 14N w y4 , n y2 s w y4; CALIFORNIA Sec. 6, lots 2, 3, 5, and 6; T. 9 S., R. 2 E., Notice of Classification of Public Sec. 13, SW J/4SW% (except patented min­ Sec. 1, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, eral survey 6452); and 12 ; Lands for Multiple-Use Manage­ Sec. 14, W y2 NW V4, N W *4 SW x/4, S W & S W ^ Sec. 2, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, ment (except patented mineral survey 6458), 13, and 14; Sec. 4, lots 1,2,3, 4 ,8 , 9, 15, and 16; N ovember 23, 1979. SE 14SE 14 (except patented mineral sur­ veys 4886, 4926, and 6458); Sec. 5, lots 1, 2, 7, 8, and 9; 1. Pursuant to the Act of Septem­ Sec. 15, NE]4NE]4, Sy2N E i4 , Ey2W y 2, S E 14 Sec. 8, lots 2,3, 4, 6, 7, 9,10, and 11; ber 19,1964 (78 Stat. 986; 43 U.S.C. 1411- (except patented mineral surveys 4886, Sec. 9, lots 8 and 12; 18) and to the regulations in 43 CFR 4926, and 6458). Sec. 10, lots 1,2, 3,4, 5, and Ey2 lo t 16; Parts 2410 and 2460, the public lands in T; 10 S., R. 2 W ., Sec. 11, lots 1,4, 7, 8, 12,13, and 14; paragraph 4 are classified for multiple- Sec. 19, N W ^N E ^. ’ Sec. 12, lots 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, use management. T. 11 S., R. 2 W., 14, 15, and 16; Sec. 19, lots 4, 5, and 8. Sec. 13; 2- Publication of this notice has the T. 12 S„ R. 2 W., Sec. 14, lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, enect of segregating all public lands de- Sec. 31, lot 8. 12,14,15, and 16; e<* ,° e^ow from appropriation only T . 13 S., R. 2 W ., Sec. 15, lot 8; under the agricultural land laws (43 Sec. 6, SE]4NW]4, NE^4SW]4* Sec. 16, lot 15;

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18336 NOTICES

Sec. 21, lot 13; T . 12 S., R. 4 E., A part of the land description for Red Sec. 23, lots i , 2 ,3 ,6 ,7 , and 8; Sec. 1, lots 3 and 4, S & N 14, sy 2; River Winter Sports Site under T. 29 N„ Sec. 24, lots 1 ,2 ,4 , 6,7, and 8; Sec. 2, lots 1, 2, 3, 4. and 6, s y 2N E % , S E 14 R. 14 E., is changed from, “ Sec. 35, lot 9 Sec. 25, lots 1, 2, 3, 4, 5, 6, 7, 8. 10, 11, and NW 14, S E % ; 12 ; Sec. 11, lots 2 and 3, N & N E % , SE?4NEV4; and SE^t” to “Sec. 35, lots 8, 9, and Sec. 26 lots 9,15, and 16; Sec. 12; SEÎ4” . Sec. 28, lot 2. Sec. 27, Si/2NEi/4, S W & N W & , SWi/4, NE1/4 M ichael T. Solan, T.' 10 S., R. 2 E., SEi/4,Sy2SE^4; Land Office Manager. Sec. 1, S W 14,NE14SEV4,S»/2SE 14, lot 1; Sec. 28, Ei/2NE^4, N E & S E 14, Si/2S E % ; [F.R. Doc. 70-16087; Filed, Dec. 1, 1970; Sec. 12, Ni/2; Sec. 29, NEy4SEy4; 8:45 a.m .] T. 11 S., R. 2 E., Sec. 32, portion unpatented mineral survey Sec. 17, Sy2S E }4 S W }4 ; 6089 in SEi/4SEi/4; Sec. 32, SE % SE %. Sec. 33, Ni/2NE}4, SE ^N E ^, NEi/4NWy4, [U4342] T. 12 S.,R. 2E., SW 14 (except patented mineral surveys Sec. 4, N W & S E 14; 6089 and 6563); UTAH Sec. 9, S W 14 NE %; Sec. 34, N^4, Ni/2SWy4,SEy4SWi/4, SE 14; Sec. 23, NEi/4, Ey2NWi/4, N &SE&; Sec. 35, lot 4, w y 2w y 2. Notice of Modification of Classification Sec. 24, N W 1/4N W & , Sy2NW&, NW&SWÎ4, T. 13 S., R. 4 E., of Public Lands for Multiple-Use s y2 sw y4; Sec. 1, lots 6 and 9; Sec. 25, w y 2NEi/4, E 14NW 14, W Î4 S E % ; Sec. 2, lots 3 and 4, lo t 5 of NWi/4, w y 2 Management Sec. 26, N W 14NW&. lot 6 of N W 14, lot 8, unpatented Sulper 1. Pursuant to the Act of Septem­ T. 13 S., R .2E ., Spring mining claim in SE&SW 1/^ N 14 ber 19, 1964 (78 Stat. 986; 43 Ü.S.C. 1411- Sejc. 7, lots 1 and 2; SE^4, SW}4SEi/4; Sec. 15, NE 14 SW i/4, W % SW y4; Sec. 3, lots 1 and 2, Ei/4 lots 3 and 4 of 18), and to the regulations in 43 CFR, Sec. 19, lots 6, 7, and 8, Ey2NE%; t NE*4,lot 10, Si/2NW% (except patented Group 2400, paragraph 3 of the classi­ Sec. 20, lots 1, 2, 3, 4, and 5, Sy2N E ^ , N W i/4 mineral survey 6142-A). SW ^ (except fication for multiple-use management for N W y4 ,S y 2N W % . E % SE i/4 ; patented mineral survey 6142-A); Juab County, U4342, published in the Sec. 21, Ni/2N E i4 , SW1/4NE1/4, N E % S W % , Sec. 4, lot 1 (except patented mineral sur­ F ederal R egister of March 28, 1968 (35 sy 2 s w % , n w i/4 s e i/4, sy 2 s e y4 ; veys 1780, 6100 and 6563), lot 2, lot 4 F.R. 5110) is modified as follows; Sec. 28, lots 2, 3, and 4, N E & , N ^ N W ^ , (except patented mineral surveys 1780, Publication of this notice has the SE % N W i/4, N i/4 SE Vt, SE i/4 SE %; 6100 and 6563), lot 5 (except patented effect of segregating the public lands de­ Sec. 29, lot 1, N i/2 NE 14. mineral survey 6563), lot 6, lot 7 (except T. 14 S ..R .2 E ., patented mineral surveys 6100, 6142-A scribed below from entry or location Sec. 6, N W 14SEi/4; and 6563), lot 8 (except patented mineral under the general mining laws (30 Sec. 7, lots 5, 6, 10,11, 12, 15, 17, 18, 21, and survey 6142-A), lots 10,11, and 12; U.S.C. Ch. 2), but not the mineral leas­ 22 , N E ^N E i/4 , SWi/4NE%, NEi4SWi/4, Sec. 9,E y2NEi/4; ing laws. It does not otherwise affect the SE %; Sec. 10; existing classification, and it will not Sec. 8, S W Î4 ; Sec. 11, lots 1 and 2, SW&NE^. SW ^, affect valid existing rights. Sec. 18, W y 2NEi/4, N y2NW%; NWy4SEi/4, sy2SE%; Sec. 19, Sy2Sy2NE%NE^4, SE14SW 14, NE 14 Sec. 12, lots 3 and 4, N E 14, S E ^ N W ^ , S a l t L a k e M e r id ia n , U t a h s e 14, sy2SEi/4 , N E ^ s w y 4 , sy2 swi/4, s e v 4; T. 11 S.,R. 11 W., T. 16 S., R. 2 E., Sec. 13; Sec. 6. all; Sec. 17, SE V4 SE 14; Sec. 14 (except patented mineral surveys Sec. 7, N 14. Sec. 35, Sy2SEV4. 242 and 5737); T. 11 S.> R. 12 W ., T. 9 S., R. 3 E., Sec. 15, lots 1, 2, 3, 4, 5, 6, 7. 8, 9, 10, 11, Sec. 1, all; Sec. 3, sy 2NWi/4, S W & ; and 12, portions of unpatented Copper Sec. 12, Ni/fc. Sec. 4, lots 7, 8, 9, 10, 11, and 12, Sy2N E ^ , Butte and Red Hill mining claims in T. 13 S., R. 11 W., Ni/2swy4; Nwy4, E14NE14; Sec. 8, E y2; Sec. 5; Sec. 23, ¿y2; Sec. 9, all; Sec. 6, lots 8. 9, a nd 13; Sec. 24. Sec. 15, wy2; Sec. 7, lots 7, 8, 9, 10, 11, 12. 13, 14, 15, 16, T. 14 S., R. 4 E„ Sec. 17 Ei/2. and 17; Sec. 1, lot 9, SEy4SE% . Sec. 9, n i/2n w »4; T. 11 S., R. 5 E„ The areas described contain 3,674 Sec. 10. Ny2Ni/2, SW%NEi/4, NW % SE% ; Sec. 6, lots 1, 2, 3, 4, 5, 6, and 7, S ^ N E ^ , acres. Sec. 11, lots 3,4, 5,6 , 7 ,8,9, and 10; SE14NW1/4. Ey2 sw i,4 , N E 1 4 SE 1 4 . 2. The purpose of this modification is Sec. 12, lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, T. 13 S., R. 5 E., to protect for general public use and Ey2SEi/4 ; Sec. 18, lots 1 and 2, SE & N W & , N E 14SW 14. enjoyment popular “ rockhounding” Sec. 13, lots 1, 2, 3, 4, 5, 6 , and 7, E%NEi/4; Sec. 14, N E & ; The lands described above aggregate areas. Sec. 18, lots 5 ,6 ,7, and 8, N W & N E % ; approximately 45,645 acres. 3. Enthusiastic response was received Sec. 19, lots 5, 7, 8, 9, 10, 11, 12, 13, 14, and 5. For a period of 30 days from thefollowing publication of a notice of pro­ 15; posed modification of classification in the Sec. 20, loto 1, 2, 3, 4, 5, 6, and 7, N E & , E y2 date of publication of this notice in the F ederal R egister of September 27, 1970 n w v 4; F ederal R egister, the classification shall (35 F.R. 14573) from more than 1,700 Sec. 21; be subject to the exercise of administra­ individuals, all but one of them favorable Sec. 22, W % W % , S E 14SE 14; to the proposal. All comments were care­ Sec. 23, SW%SWi/4; tive review and modification by the Sec­ Sec. 24, lot 1; retary of the Interior (43 CFR 2461.3). fully considered in the light of the law Sec. 26, SW V4NEÎ4, W »é , N W & S E ft , S & and regulations, and it was determined SE&. J. R . P e n n y , that no change in the proposed modifi­ T. 11 S., R. 4 E., State Director. cation of the classification is warranted. Secs. 1 and 2; [F.R. Doc. 70-16086; Filed, Dec. 1, 1970; 4. Maps depicting these lands and the Sec. 10, lots 1. 2. 3, and 4, N E 14. N E & N W ^ . 8:45 a.m .] record showing comments received and Ny2SEy4Nw%, SEV4SEy4NWî4, n e & N E 1/4SW 1/4, S 1/4NE 1/4SW 1/4, SE 1/4; other information are on file and may be viewed at the Bureau of Land Man­ Sec. 11, lots 1, 2, 3, 4, 5, and 6, E & N E & , [N e w Mexico 12480] N W % NW i/4, Ni/2sy2, SW 1/4 SW 1/4 ; agement State Office, Federal Building, Sec. 14.NW&NW&; NEW MEXICO 125 South State Street, Salt Lake City, Sec. 21; UT. Sec. 22, W & N W V 4 . S W »4. W % S E & ; Notice of Proposed Withdrawal and 5. For a period of 30 days from date sec. 26, sy 2Nwi/4, s w & , n w v 4s e &, s y2 Reservation of Lands; Correction of publication of this notice of classifica­ SE %; tion in the F ederal R egister, this classi­ Sec. 27, NWy4NEi/4,SV4NEyl,NW y4.Sy2; N ovember 24, 1970. Sec. 28, N % , Ny2SWV4, SEV4SW&, SE 14; F.R. Doc. 70-14089 which appeared in fication shall be subject to the exercise Sec. 33, Ni/2NEi/4, N W % S W i4 ; of administrative review and modifica­ the F ederal R egister issue of October 20, S&c. 34, N i/4, E i/4 SE V4 ; tion by the Secretary of the Interior as Sec. 35, N & N E & , W y 2. W y2S E l4 ; 1970 at page 16383, is hereby corrected provided for in 43 CFR 2461.3. During sec. 36, wy2Nwy4. as follows: this 30-day period, interested parties may

FEDERAL REGISTER, V O L 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18337 submit comments to the Secretary of the north y4 mile, west y2 mile, north y2 mile, land (not 808,543 acres as shown in the notice Interior, LLM, 320, Washington, D.C. west y2 mile, north 1 mile, west 1 mile, north of proposed classification). 20240. y2 mile, west % mile, north y4 mile, west y4 jnile, north y4 mile, west y2 mile, north y2 State and privately owned lands within R . D . N i e l s o n , mile, west 1 mile, south y2 mile, west iy2 the above described area are not affected State Director. miles to the Colorado River; thence south­ by this proposed classification. {F.R. Doc. 70—16088; Filed, Dec. 1, 1970; westerly along the Colorado River to the 4. Publication of this notice also has 8:45 a.m .] boundary of Canyonlands National Park at the effect of segregating the proposed approximately the northwest corner of sec. recreation, archeological, and study 33. T. 27 S., R. 20 E.; thence follow ing [Serial Number UÌ2307] southerly and westerly along the east and areas described below from all forms of south boundary of Canyonlands National appropriation, selection, location, and UTAH Park to the Colorado River at approximately entry under the public land laws, includ­ the n orth quarter-corner of sec. 22, T. 31 S., ing the general mining laws, but not the Notice of Classification of Public Lands R. 17 E.; thence southwesterly along the mineral leasing laws: for Multiple-Use Management Colorado River and east shore of Lake Powell to the south rim of Dark Canyon; thence S a l t L a k e M e r id ia n , U t a h 1. Pursuant to the Act of Septem­ southeasterly along the south rim of Dark SALT CREEK OVERLOOK ber 19, 1964 (78 Stat. 986; 43 U.S.C. Canyon to the Manti-LaSal National Forest 1411-18), and to the regulations in Title in sec. 14, T. 34 S., R. 17 E.; thence n orth ­ T. 32 S., R. 20 E., . 43 CPR, Group 2400, the public lands erly and easterly along the north boundary Sec. 21, SE>4; within the area described in paragraph of the Manti-LaSal National Forest (Monti­ Sec. 22, w y 2SWi/4. cello District) to the northeast comer of sec. 3 below are hereby classified for multi­ 34, T. 32 S., R. 23 E.; thence north % mile, WILSON ARCH ple-use management. Publication of this east y4 mile, north y4 mile, east y4 m ile, T. 29 S., R. 23 E„ notice has the effect of segregating the n orth y4 mile, east % mile, north y2 m ile, Sec. 15, SE&SE34. described lands from appropriation un­ east y4 mile, north y4 mile, east % mile, north der the agricultural land laws (43 U.S.C., y4 mile, east JA mile, north % mile, east y4 LOOKING GLASS ROCK Parts 7 and 9; 25 U.S.C., sec. 334) , and mile, north y2 mile, east y4 mile, north y2 T. 29 S., R. 23 E., , from sales under section 2455 of the mile to the northwest corner of sec. 7, T. 32 Sec. 17, SE14NEy4SEy4, NE%8E%SE%. S. , R. 24 E.; thence east y4 mile, north y4 Revised Statutes as amended (43 U.S.C. mile, east 1 mile, north 2 miles, east y4 m ile, BIG INDIAN ROCK 1171) . The lands shall remain open to north y2 mile, south y4 mile, east y4 m ile, all other applicable forms of appropria­ T. 30S..R.24 E., south y4 mile, east 1 mile, north y2 mile, east Sec. 24, SE 14 SE y4SW y4, SW ^ S W ^ S E ft. tion, including the mining and mineral y2 mile, south y4 mile, east y4 mile, south y4 leasing laws, except as noted in para­ mile, east y4 mile, south y2 m ile, west y4 mile, NEEDLES OVERLOOK graph 4 below. As used herein, “ public south y4 mile to the south quarter-corner of T. 29 S., R. 20 E., lands” means any land withdrawn or sec. 35, T. 31 S., R. 24 E.; thence south y4 Sec. 22, SE& SE^; reserved by Executive Order No. 6910 of mile, east y4 mile, south l/4 mile, east y4 Sec. 23,8%NW %, N 14SW&, SW 1/4SW/4. mile, south y4 mile, east y4 mile, south y November 26,1934, as amended, or with­ 4 mile, east y4 mile, south y2 mile, west y4 m ile, WINDWHISTLE CAMPGROUND in a grazing district established pursu­ south y2 mile, west y4 mile, south % m ile, T. 30 S., R. 22 E., ant to the Act of June 28, 1934 (48 Stat. east y4 m ile, north y4 mile, east y4 m ile, north Sec. 13, SWV4NEV4, Ey2SW&, SE&NWft 1269), as amended, which are not other­ y2 mile, east y4 mile, north y4 mile, east y4 SWi4, NE&SW&SW^, W%SE%. wise withdrawn or reserved for a Fed­ mile to the southwest corner of sec. 6, T. 32 eral use or purpose. S., R. 25 E.; thence north y4 mile, east y4 HATCH POINT CAMPGROUND mile, north y2 mile, east y2 mile, south y4 2. Several comments were received fol­ T. 28 S., R. 21 E., mile, east y2 mile, south y4 mile, east y2 m ile, lowing publication of a notice of pro­ Sec. 9, SW14NE14,, SE&NW1/4, NE&SW &, south y4 mile, east y4 mile, south y4 mile, posed classification in the F e d e r a l NWJ4SEJ4, east y4 m ile, south y2 mile, east y2 mile, south R e g is t e r of September 18, 1970 (35 F.R. y4 mile, east y4 mile, south y4 mile, east y2 ANTICLINE OVERLOOK 14621), and at the public hearing which mile, north y4 mile, west y4 mile, north y4 T. 27 S., R. 21 E., was held at Monticello, Utah, on Octo­ mile, west y4 mile, north y4 mile, west y2 Sec. 8, E^SE % . ber 14, 1970, nearly all of them favorable mile, north 1 mile, west y4 mile, north 1 mile, to the proposal. All comments were east y4 mile to the south quarter-corner of NORTH SIX SHOOTER PEAK RECREATION SITE sec. 33, T. 31 S., R. 25 E.; thence north y4 carefully considered in the light of ap­ T. 30 S., R. 21 E., plicable law and regulations, and it was mile, west 1 mile, north y4 mile, west y4 mile, ‘ north % mile, west y4 mile, north y2 mile, Sec. 31, Sy2NW%NW»A, Ny2SW ^N W i4. determined that the only change neces­ west y4 mile, north y4 mile, east y4 mile, SOUTH SIX SHOOTER PEAK RECREATION SITE sary in the proposed classification is the north 14 mile, east y4 mile, north y4 m ile, east addition of 520 acres to the recreation, y2 mile, north y4 mile, west y4 mile, north T. 31 S., R. 21 E„ historic, and administrative sites de­ y4 mile, west % mile, north % mile, west y4 Sec. 6, lots 7 and 8. scribed in paragraph 4 of this notice of mile, north y4 mile to the south quarter- CANYONLANDS OVERLOOK classification. comer of sec. 7, T. 31 S., R. 25 E.; thence 3. The public domain lands hereby west y4 mile, north y4 mile, west 1 mile, T. 27 S., R. 20 E., Sec. 34, w y 2SE>4, SE%SE%, SE&SWft. classified are those administered by the north y4 mile, west y4 mile, north y2 m ile, east y4 mile, south y4 mile, east 1 mile, south T. 28 S.. R. 20 E., Bureau of Land Management within the y4 mile, east iy2 miles, south y2 mile, east % Sec. 3, N W & N E ^, NE& N W & . following described area in the north­ mile, north 4 mile, east 4 mile, north 4 y y y HAYDEN HISTORICAL SITE ern part of San Juan County, Utah: mile, east 1 mile, south y4 mile, éast y4 mile, south 4 mile, east 1 % miles, south y4 mile, T. 32 S., R. 24 E., S a l t L a k e M e r id ia n , U t a h y east y4 mile, south y4 m ile, east y4 mile, south Sec. 6.NW1/4SE&. Beginning at the east quarter-comer y4 mile, east % mile, south y2 mile, east y2 BEEF BASIN ADMINISTRATIVE SITE sec. 28, T. 28 S., R. 26 E.; thence follow mile, north y4 mile to the northeast corner the Mantl-LaSal National Forest bound of sec. 19, T. 31 S., R. 26 E.; thence east y2 T. 32 S., R. 19 E„ westerly to the southwest corner of sec. mile, south y4 mile, east % mile, south y4 Sec. 8, sy2sw y4; T. 28 S., R. 24 E.; thence west iy4 m i mile, west y4 mile, south y4 mile, west % Sec. 17,Ny2NWi/4. south 14 mile, west y2 mile, north y2 m mile, south y2 mile, west y4 mile, south y2 ARCHEOLOGICAL SITES west y4 mile, north y4 mile, west 1 mile, no mile, west y4 mile, south 1 y2 miles, east y2 % mile, west y4 mile, north 1 mile, west : mile, south y2 mile, east y2 mile, north y4 T. 31 S., R. 18 E., miles, to the northwest comer of sec. 18, mile, east y4 mile, north 1 mile, east % mile, Sec. 35, W ‘/2NWi/4S W )i. „ . f " R - 23 E-: thence west y4 mile, south north y4 mile, east y4 mile, north y2 mile, east T. 32 S., R. 18 E., mile, west 14 mile, north y4 mile, west y4 mile, south y2 mile, east y2 mile, south % Sec. 10, SW)4NE(4SW% (unsurveyed); mile, north y4 mile, west 1 mile, north mile, east approximately 28 chains to the Sec. 1 1 , NW&NW&SWte. SE%SEftSW%, r v ;®’ 1 mile, south y4 mile, west 2 m i Utah-Colorado State line at the southeast SW y4SW y4SEy4 (unsurveyed); t/% “ ile- west % mile, north 1 m corner o f sec. 35. T. 31 S., R. 26 E.; thence Sec. 13, Ny2NEy4SWy4 (unsurveyed). r 't> mile to the northwest comer of 1 north along the State line to the point of T. 33 S., R. 18 E., we2' V 22 *7 thence north % m beginning. The area described aggregates Sec. 12, NW(4SW% (unsurveyed); A mile, north y2 mile, west 14 m approxim ately 670,411 acres, o f public dom ain Sec. 24, SE^4SE)4NE)4 (unsurveyed).

FEDERAL REGISTER, V O L 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18338 NOTICES

T. 33 S., R. 19 E., [Serial Nos. N-892-A, N-1005-A] excessive delay at the time the foreign Sec. 7, SE^SW & SW ^ (unsurveyed). NEVADA article was ordered. The areas described above aggregate Reasons: The foreign article is of the 1,720 acres. Proposed Amendment to Final Clas­ category that is customarily produced sification of Public Lands for on order. Section 602.1(f) (2) of the DARK CANYON AREA above-cited regulations provide: Beginning at a point where the Colorado Multiple-Use Management; Cor­ Produced on order. An instrument, ap­ River crosses the north section line of sec. rection paratus or accessory shall be considered to be 22, T. 31 S., R. 17 E.; thence southwesterly N o v e m b e r 24, 1970. produced on order if a domestic manufacturer along the Colorado River and the east shore In F.R. Doc. 70-14203 appearing on lists it in a current catalog and is able and of Lake Powell to the south rim of Dark willing to produce the instrument, apparatus Canyon in sec. 19, T. 33 S., R. 16 E„ thence pages 16482-16485 in the issue for Thurs­ or accessory within the United States and southerly and easterly along the south rim of day, October 22,1970, the sixth line from have it available without unreasonable delay Dark Canyon, Lost Canyon, and Black Steer the top in column 1 on page 16483, now to the applicant. In determining whether a Canyon to the Manti-LaSal National Forest reading “ Sec. 9, N 1/2S W 1/4, W 1/2S E 1/4, U.S. manufacturer is able and willing to pro­ boundary in sec. 14, T. 34 S., R. 17 E.; thence N E 1/4S E 1/4; ” should read “ Sec. 9, N& , duce such instrument, apparatus or acces­ northeasterly along the Manti-LaSal National s w y 4, w y 2SEy4, n e ^ s e %;”. sory and have it so available, the Administra­ Forest boundary to the north rim of the tor shall take into account the normal Dark Canyon; on the north section line of For the State Director.. commercial practices applicable to the sec. 12, T. 34 S., R. 17 E.; thence westerly R o l l a E . C h a n d l e r , production and delivery of instruments, ap­ and northerly following generally along the Manager, Nevada Land Office. paratus, or accessories of the same general main rim of the Dark Canyon Plateau around category. Young’s Canyon Lean-To Canyon, Bowdie [F.R. Doc. 70-16134; Filed, Dec. 1, 1970; Canyon, and Gypsum Canyon to the north 8:49 a.m.] The matter of availability without un­ quarter corner of sec. 29, T. 31 S., R. 18 E., reasonable delay is associated with the which point is on the south boundary of issue of excessive delivery time which is Canyonlands National Park, thence west explained in § 602.1(g) of the regulations along the south boundary of Canyonlands National Park 4 miles to the north quarter DEPARTMENT OF COMMERCE as follows: corner of sec. 27, T. 31 S„ R. 17 E.; thence Bureau of Domestic Commerce Excessive delivery time. D u ty -free entry of north approximately 1 mile to the point of the article shall be considered justified with­ beginning. The Dark Canyon area described BATTELLE-NORTHWEST out regard to whether there is being manu­ aggregates approximately 74,317 acres, of factured in the United States an instrument, which 17,069 acres are within the proposed Notice of Decision on Application for apparatus or accessory of equivalent scien­ Glen Canyon National Recreation Area. Duty-Free Entry of Scientific Article tific value for the purposes described in re­ sponse to Question 7, if the delay in obtaining B ridger Ja c k M esa The following is a decision on an appli­ such domestic instrument, apparatus or ac­ Those portions of the sections listed below cation for duty-free entry of a scientific cessory (as indicated in the difference be­ which lie above the main Bridger Jack Mesa article pursuant to section 6(c) of the tween the delivery times quoted respectively rim : Educational, Scientific, and Cultural Ma­ by domestic m anufactu rer and foreign manu­ T. 31 S., R. 21 E., terials Importation Act of 1966 (Public facturer) will seriously impair the accom­ Secs. 15, 22, 23, 26, 27, 33, and 34. plishment of the purposes. In determination T . 32 S .,R . 20 E., Law 89-651, 80 Stat. 897) and the regula­ whether the difference in delivery times is Sec. 25. tions issued thereunder as amended (34 excessive, the Administrator shall take into T. 32 S .,R . 21 E., F.R. 15787 et seq.). account the relevancy of the applicant’s pro­ Secs. 3, 4, 5, 8, 9, 10, 15 to 21, inclusive, A copy of the record pertaining to this gram to other research program s w ith respect 29, 30, and 31. decision is available for public review to timing, the applicant’s need to have such during ordinary business hours of the instrument, apparatus or accessory available The Bridger Jack Mesa area described Department of Commerce, at the Scien­ at the scheduled time for the course(s) in aggregates approximately 6,290 acres. which the article is intended to be used, and tific Instrument Evaluation Division, De­ 5. The public lands in the Dark Can­ other relevant circumstances. partment of Commerce, Washington, yon area, described in paragraph 4 above, D.C. The foreign article provides an ac­ are hereby designated as a primitive area Docket No. 70-00607-65-46040. Appli­ celerating voltage of 1 million electron by virtue of the authority vested in the cant: Battelle-Northwest, Post Office Box volts (1 M eV). The Model [number not Secretary of the Interior under the 999, Richland, WA 99352. Article: Elec­ given] manufactured by Forgflo Corp. Classification and Multiple-Use Act, tron microscope, Model JEM-1000. Man­ (Forgflo) Sunbury, Pa. also provides an supra, and R.S. 2478 (43 U.S.C. 1201) as ufacturer: Japan Electron Optical Lab­ accelerating voltage of 1 MeV. amended, and pursuant to the provi­ oratory, Japan. We are advised by the National Bureau sions of 43 CFR Part 2070. Intended use of article: The article of Standards (NBS) in its memorandum 6. Maps depicting these lands and the will be used for research concerning dis­ dated July 29, 1970; that for the appli­ record showing the comments received locations in metals; massive structures, cant’s intended purposes the 1 MeV ac­ and other information are on file and examination of materials thinned only celerating voltage is necessary for the may be viewed at the Bureau of Land with difficulty; irradiation damage; and accomplishment of the applicant’s in­ Management District Office, 284 South for examination of highly toxic ma­ tended purposes. Therefore, the 1 MeV First West Street, Monticello, UT; and terials. Among other studies planned are accelerating voltage is a pertinent the State Office, Federal Building, 125 phase transformations; defects in crys­ characteristic. South State Street, Salt Lake City, UT. talline polymers; nucleation and growth The foreign article has a contracted 7. For a period of 30 days from date processes in alloy systems; gas solid re­ delivery time of 12 months from the date of publication of this notice of classifica­ actions, coupled with in situ observa­ of (Apr. 6,1970) with delivery to be made tion in the F e d e r a l R e g is t e r , this clas­ tions, such as oxidation reactions; solid- by May 1,1971. Forgflo quoted a delivery sification shall be subject to the exercise solid reactions, coupled with in situ ob­ time of 36 months. Delivery would be of administrative review and modifica­ servations, such as cross linking of poly­ made by May 1, 1973. NBS further ad­ tion by the Secretary of the Interior as styrene; and for biological studies, such vises that the applicant’s reply to Ques­ provided for in 43 CFR § 2461.3. Dur­ as clotting factors in human blood. tion 14 demonstrates that the difference ing this 30-day period, interested parties Comments: No comments have been in delivery time would seriously delay the may submit comment to the Secretary received with respect to this application. accomplishment of the applicant’s of the Interior, LLM 320, Washington, Decision: Application approved. No programs. D.C. 20240. instrument or apparatus of equivalent Accordingly, we find that at the time R. D. N i e l s o n , scientific value to the foreign article, for the applicant placed the order for the State Director. such purposes as this article is intended foreign article, no domestic manufac­ [F.R. Doc. 70-16089; Filed, Dec. 1, 1970; to be used, could have been made avail­ turer was able to make available to the 8:45 a.m.] able to the applicant institution without applicant an instrument or apparatus of

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18339 equivalent scientific value to the foreign for which the foreign article is intended to be used, is being manufactured in the article, for such purposes as this article to be used. United States. is intended to be used, within the.mean- (2) The Nova Model in planetarium Reasons: The foreign article has a ing of § 602.l

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18340 NOTICES to be used, is being manufactured in the plication. The foreign article provides frame depending on the settings of the United States. both an external lock and a variable camera. The Model 1 -D , image converter Reasons: The foreign article provides temperature control between —120° to camera, manufactured by TR W Instru­ an output sensitivity of 30 millivolts +200° Centigrade (°C) with a regula­ ments, El Sequndo, Calif., provides 5 (mV) per gram (g) calorie (cal) per tion of ±0.5° C. The most closely com­ frames, taking from 50 nanoseconds to square (sq.) centimeter (cm ). The most parable domestic instrument, the Model */2 microsecond per frame. closely comparable domestic instrument, HA 60, manufactured by Varían Asso­ We are advised by the National Bureau the Model 621, manufactured by Science ciates (Varian) provides both external of Standards in its memorandum dated Associates, Inc., Princeton, N.J., provides lock and a variable temperature control September 1, 1970, that the availability an output sensitivity of 3.5 mV per g between —60° to +200° C with ±1.0° C of taking up to 20 frames per event at 50 cal per sq. cm. regulation. nanoseconds of microseconds per frame We are advised by the National Bureau We are advised by the National Bu­ is a pertinent characteristic of the for­ of Standards (NBS) in its memorandum reau of Standards (NBS) in its memo­ eign article, for the applicant’s intended dated September 8, 1970, that the differ­ randum dated September 2, 1970, that purposes. NBS advises that it knows of ence in output sensitivity of the article external lock, the variable temperature no domestic instrument that can provide and comparable domestic instruments is range and the variable temperature con­ 20 frames per event. pertinent to the purposes for which the trol of the foreign article are pertinent We, therefore, find that the Model 1-D foreign article is intended to be used. characteristics for the applicant’s in­ is not of equivalent scientific value to the For this reason, we find, that the Model tended purposes], NBS, also, advises that foreign article, for the purposes for 621 is not of equivalent scientific value it knows of no domèstic instrument that which such article is intended to be used. to the foreign article, for such purposes provided the external lock and variable C h a r l e y M . D e n t o n , as this article is intended to be used. temperatine control at the time of the Bureau of Domestic Commerce. initial application. We, therefore, find C h a r l e y M. D e n t o n , [F.R. Doc. 70-16111; Filed, Dec. 1, 1970; Bureau of Domestic Commerce. that the Model HA 60 was not of equiva­ lent scientific value to the foreign article, 8:47 a.m .] [F.R. Doc. 70-16109; Filed, Dec. 1, 1970; for the purposes for which such article is 8:47 a.m .] intended to be used, which was being UNIVERSITY OF ILLINOIS manufactured in the United States at FURMAN UNIVERSITY the time the foreign article was ordered. Notice of Decision on Application for C h a r l e y M. D e n t o n , Duty-Free Entry of Scientific Article Notice of Decision on Application for Bureau of Domestic Commerce. Duty-Free Entry of Scientific Article The following is a decision on an ap­ [F.R. Doc. 70-16110; Filed, Dec. 1, 1970; plication for duty-free entry of a scien­ The following is a decision on an ap­ 8:47 a.m .[ tific article pursuant to section 6(c) of plication for duty-free entry of a scien­ the Education, Scientific, and Cultural tific article pursuant to section 6(c) of Materials Importation Act of 1966 the Educational, Scientific, and Cultural UNIVERSITY OF CALIFORNIA (Public Law 89-651, 80 Stat. 897) and Materials Importation Act of 1966 (Pub­ Notice of Decision on Application for the regulations issued thereunder as lic Law 89-651, 80 Stat. 897) and the amended (34 F.R. 15787 et seq.). regulations issued thereunder as Duty-Free Entry of Scientific Article A copy of the record pertaining to this amended (34 F.R. 15787 et seq.). The following is a decision on an ap­ decision is available for public review A copy of the record pertaining to this plication for duty-free entry of a scien­ during ordinary business hours of the decision is available for public review tific article pursuant to section 6(c) of Department of Commerce, at the Scien­ during ordinary business hours of the the Educational, Scientific, and Cultural tific Instrument Evaluation Division, Department of Commerce, at the Scien­ Materials Importation Act of 1966 (Pub­ Department of Commerce, Washington, tific Instrument Evaluation Division, lic Law 89-651, 80 Stat. 897) and the D.C. Department of Commerce, Washington, regulations issued thereunder as amend­ Docket No. 70-00738-63-46070. Appli­ D.C. ed (34F.R. 15787 et seq.). cant: University of Illinois at Chicago, Docket No. 70-00694-01-77030. Appli­ A copy of the record pertaining to Circle, 601 South Morgan Street, Chi­ cant: Furman University, Greenville, this decision is available for public re­ cago, IL 60607. Article: Scanning elec­ S.C. 29613. Article: NMR spectrometer, view during ordinary business hours of tron microscope, Model Mark nA. Manu­ Model R-20. Manufacturer: Hitachi, the Department of Commerce, at the facturer: Cambridge Instrument Co., Ltd., Japan. Scientific Instrument Evaluation Divi­ Ltd., United Kingdom. Intended use of article: The article sion, Department of Commerce, Wash­ Intended use of article: The article will be used for a study of the structure, ington, D.C. will be used for an investigation of plan reactivity, and bonding of triphenyl- Docket No. 70-00689-75-07795. Appli­ micro- and macro- fossils preserved in boroxine and its interaction with selected cant: University of California, Los petrifactions (coal balls) collected in Lewis bases (i.e., amines, phosphines, Alamos, Scientific Laboratory, Post O f­ southern Illinois and eastern Kentucky etc.); for research on the synthesis of fice Box 990, Los Alamos, NM 87544. since 1964. Other investigations on tax­ onomic and biostratigraphic research spiropentene; and for research in the Article: Image converter camera and area of mechanistic acetal studies. In ad­ accessories. Manufacturer: John Had- have been in progress since 1965. New dition, the article will be used in chem­ land, Ltd., United Kingdom. projects are planned dealing with fossil istry courses for undergraduate students. Intended use of article: The article plant material in order that comparisons Comments: No comments have been will' be used for a study of radiation can be made with living plant representa­ received with respect to this application. emitted by a high energy neon plasma. tives. Decision: Application approved. No The time behavior and spatial distribu­ Comments: No comments have been instrument or apparatus of equivalent tion of the visible and near ultraviolet received with respect to this application. scientific value to the foreign article, radiation of this plasma is to be studied. Decision: Application approved. No in­ for such purposes for which such article Comments: No comments have been strument or apparatus of equivalent is intended to be used, was being manu­ received with respect to this application. scientific value to the foreign article, for factured in the United States at the Decision: Application approved. No such purposes as the article is intended time the foreign article was ordered instrument or apparatus of equivalent to be used, was being manufactured in (Mar. 25, 1968). scientific value to the foreign article, for the United States at the time the ap­ Reasons: Captioned application is a such purposes as this article is intended plicant placed the order for the foreign resubmission of Docket No. 69-00363- to be used, is being manufactured in the article (June 28,1968). ol-77030, which was received January 10, United States. Reasons: The application is a resub­ 1969, and which was denied without Reasons: The foreign article provides mission of Docket No. 69-00084-63-46070 prejudice to resubmission due to infor­ 6 to 20 pictures with a time range of 50 which was received August 5, 1968 and mational deficiencies in the original ap­ nanoseconds to a few microseconds per denied without prejudice to resubmission

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18341 for informational deficiencies on Janu­ MITSUI O.S.K. LINES (PASSENGER), Petitioner states that inasmuch as ary 29, 1969. The foreign article had a LTD., AND MITSUI O.S.K. LINES, LTD. facilities cannot be completed to permit guaranteed resolution of 250 angstroms firm service during the 1970-71 heating or better. The only known scanning elec­ Notice of Issuance of Performance season by petitioner or Westcoast, peti­ tron microscope available at the time Certificate tioner and Westcoast have agreed to the applicant placed the order for the modify their agreement to provide for foreign article, was the Ultrascan Model Security for the protection of the pub­ deliveries and receipts of 75,000 Mcf per SM-1 which was manufactured by K lic; indemnification of passengers for day on a best efforts basis for 30.83 cents Square Corp. now doing business as the nonperformance of transportation. per Mcf (U.S. funds) at 14.9 p.s.i.a. The Ultrascan Corp. The domestic Model Notice is hereby given that the fol­ term of such arrangement is for a period SM-1 had a guaranteed resolving power lowing have been issued a Certificate of continuing through the earlier part of of 500 angstroms or better. (The lower Financial Responsibility for Indemnifi­ April 30, 1972, or initiation of deliveries the numerical rating in terms of ang­ cation of Passengers for Nonperform­ under an agreement between petitioner strom units, the better the resolving ance of Transportation pursuant to the and Westcoast dated October 10, 1969. capability.) We are advised by the De­ provisions of section 3, Public Law 89- Petitioner requests that the Commis­ partment of Health, Education, and 777 (80 Stat. 1357, 1358) and Federal sion authorize the abovementioned Welfare in its memorandum dated Sep­ Maritime Commission General Order 20, transaction in lieu of the authorizations tember 25, 1970 that the additional re­ as amended (46 CFR Part 540): of January 20, 1970, and May 12, 1970. solving power available in the foreign Mitsui O.S.K. Lines (Passenger), Ltd., and Any person desiring to be heard or to article is pertinent to the purposes for Mitsui O.S.K. Lines, Ltd., 3-3, 5-chome, make any protest with reference to said which the article is intended to be used. Akasaka, Minatoku, Tokyo, Japan. petition to amend should on or before For this reason, we find that the Model Dated: November 25, 1970. December 14, 1970, file with the Federal SM-1 was not of equivalent scientific Power Commission, Washington, D.C. value to the foreign article, for such pur­ F r a n c is C. H u r n e y , 20426, a petition to intervene or a pro­ poses as this article is intended to be Secretary. test in accordance with the requirements used. [F.R. Doc. 70-16115; Filed, Dec. 1, 1970; of the Commission’s rules of practice and The Department of Commerce knows 8:47 a.m .] procedure (18 CFR 1.8 or 1.10). All pro­ of no other instrument or apparatus of tests filed with the Commission will be equivalent scientific value to the foreign considered by it in determining the ap­ article, for such purposes as this article propriate action to be taken but will not is intended to be used; which was being FEDERAL POWER COMMISSION serve to make the protestants parties to manufactured in the United States at [Docket No. G-8932] the proceeding. Any person wishing to the time the foreign article was ordered. become a party to a proceeding or to EL PASO NATURAL GAS CO. participate as a party in any hearing C h a r l e y -M . D e n t o n , therein must file a petition to intervene Bureau of Domestic Commerce. Notice of Petition To Amend in accordance with the Commission’s [F.R. Doc. 70-16112;. Filed, Dec. 1, 1970; N o v e m b e r 23,1970. rules. 8:47 a m .] Take notice that on November 16,1970, G o r d o n M . G r a n t , El Paso Natural Gas Co. (peti­ Secretary. tioner), Post Office Box 1492, El Paso, [F.R. Doc. 70-16118; Filed, Dec. 1, 1970; T X 79999, filed in Docket No. G-8932 a 8:48 a m .] FEDERAL MARITIME COMMISSION petition to amend the order issued pur­ suant' to section 3 of the Natural Gas MITSUI O.S.K. LINES (PASSENGER), [Docket No. CI66—618] Act in this docket on November 25, 1955, LTD., AND MITSUI O.S.K. LINES, LTD. as amended, all as more fully set forth PACIFIC LIGHTING EXPLORATION CO. Notice of Issuance of Casualty in the petition to amend which is on file ET AL. Certificate with the Commission and open to public inspection. Notice of Redesignation Security for the protection of the pub­ Petitioner states that the Commission N ovember 20, 1970. lic; financial responsibility to meet lia­ has heretofore authorized petitioner to bility incurred for death or injury to import from Canada natural gas pur­ On September 21, 1970, Pacific Light­ passengers or other persons on voyages. chased from Westcoast Transmission Co., ing Exploration Co. filed an application Notice is hereby given that the fol­ Ltd. (Westcoast) at a point on the inter­ to advise the Commission that its corpo­ lowing have been issued a Certificate of national boundary near Sumas, Wash., rate name had been changed from Pacific Financial Responsibility to Meet Lia­ in daily quantities of 300,000 Mcf, 200,000 Natural Gas Exploration Co. by certifi­ bility Incurred for Death or Injury to Mcf, 75,000 Mcf, and 75,000 Mcf. The cate of amendment of articles of in­ Passengers or Other Persons on Voyages latest two authorizations were issued in corporation dated July 9, 1969. pursuant to the provisions of section 2, this docket on January 20, 1970, and Accordingly, the name of the certifi­ cate holder in Docket No. CI66-618 is Public Law 89-777 (80 Stat. 1356, 1357) May 12, 1970, respectively, wherein peti­ changed from Pacific Natural Gas Ex­ and Federal Maritime Commission Gen­ tioner was authorized to import, com­ mencing November 1,1970, an additional ploration Co. (operator) et al., to Pacific eral Order 20, as amended (46 CFR Part daily quantity of 75,000 Mcf of natural Lighting Exploration Co. (operator), 540): gas, which quantity was to be increased et al.; and Pacific Natural Gas Ex­ Mitsui O.S.K. Lines (Passenger), Ltd., and by 75,000 Mcf on November 1, 1971. ploration Co. (operator) et al., FPC Gas Mitsui O.S.K. Lines, Ltd., 3-3, 5-chome, Petitioner states that because of a Rate Schedule No. 2 is redesignated as Akasaka, Minatoku, Tokyo,-Japan. delay in receipt of complemental Cana­ Pacific Lighting Exploration Co. (opera­ tor) et al., FPC Gas Rate Schedule Dated: November 25, 1970. dian regulatory authorizations, West­ coast, by notice of July 20, 1970, termi­ No. 2. F r a n c is C . H u r n e y , nated the service agreement, effective G o r d o n M . G r a n t , Secretary. August 20, 1970. Subsequently, a Cana­ Secretary. [F.R. Doc. 70-16114; Filed, Dec. 1, 1970; dian license was issued, dated Septem­ [F.R. Doc. 70-16119; Filed, Dec. 1, 1970; 8:47 a.m .] ber 29,1970. 8:48 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 No. 233------5 18342 NOTICES

[Project No. 344] ing three 333 kva. 2.4-34.5 kv. trans­ Applicant states that it has given no­ SOUTHERN CALIFORNIA EDISON CO. formers; (14) a single circuit 33 kv. tice to P & L that it will terminate its transmission line supported on wood service effective May 4, 1971. Applicant .Notice of Application for New License poles extending approximately 3.2 miles states that in view of the current short­ for Constructed Project from Powerhouse No. 1 to Powerhouse age of long-term natural gas supplies No. 2, and appurtenant facilities. available for interstate markets and in N ovember 23,1970. No recreational facilities exist or are view of the fact that applicant has per­ Public notice is hereby given that ap­ planned due to the rocky terrain and formed this service for a primary term plication for new license has been filed Forest Service policy o,f restricted access of 20 years, it is appropriate to terminate under section 15 of the Federal Power in fire hazard areas, such as this. its service at this time. Act (16 U.S.C. 791a-825r) by Southern According to the application! (1) The Any person desiring to be heard or to California Edison Co. (correspondence project output is used in applicant’s make any protest with reference to said to: Robert P. O’Brien, vice president, service areas in central and southern application should on or before Decem­ Southern California Edison Co., Post parts of California; (2) the estimated net ber 8, 1970, file with the Federal Power Office Box 351, Los Angeles, CA 90053) investment in the project is $221,500 as Commission, Washington, D.C. 20426, a for its constructed San Gorgonio No. 1 of April 1970, which is less than its petition to intervene or a protest in ac­ and No. 2 Project No. 344, located on the estimate of fair value; (3) the estimated cordance with the requirements of the East and South Forks of Whitewater and severance damages in the event of “ take­ Commission’s rules of practice and San Gorgonio Rivers in San Bernardino over” by the United States is $50,000; procedure (18 CFR 1.8 or 1.10) and the and Riverside Counties, Calif., in the and (4) the annual taxes paid to State regulations under the Natural Gas Act vicinity of Yucaipa, Calimesa, Beaumont, and local government agencies amount to (18 CFR 157.10). All protests filed with Banning, and Cabazan, and affecting $13,800. the Commission will be considered by it lands of the United States within the Any person desiring to be heard or to in determining the appropriate action to San Bernardino National Forest. The make any protest with reference to said be taken but will not serve to make the present license for the project will ex­ application should on or before Janu­ protestants parties to the proceeding. pire on April 26,1973. ary 27, 1971, file with the Federal Power Any person wishing to become a party to The existing project consists of: (1) Commission, Washington, D.C. 20426, a proceeding or to participate as a party East Fork Diversion Dam, a rock ma­ petitions to intervene or protests in ac­ in any hearing therein must file a peti­ sonry structure, extending across the cordance with the requirements of the tion to intervene in accordance with the East Fork of the Whitewater River, Commission’s rules of practice and pro­ Commission’s raises. having a crest length of approxi­ cedure (18 CFR 1.8 or 1.10). All protests Take further notice that, pursuant to mately 47 feet and a height of filed with the Commission will be con­ the authority contained in and subject to approximately 14 feet; (2) South Fork sidered by it in determining the appro­ the jurisdiction conferred upon the Fed­ Diversion Dam, a concrete structure, priate action to be taken but will not eral Power Commission by sections 7 and extending across the South Fork of serve to make the protestants parties to 15 of the Natural Gas Act and the Com­ the Whitewater River having a crest the proceeding. Persons wishing to be­ mission’s rules of practice and procedure, length of approximately 18 feet and come parties to a proceeding or to par­ a hearing will be held without further a height of approximately 6 feet; (3) ticipate as a party in any hearing therein notice before the Commission on this ap­ East Fork Conduit, extending from the must file petitions to intervene in accord­ plication if no petition to intervene is East Fork Diversion Dam to the intake ance with the Commission’s rules. The filed within the time required herein, if at South Fork Diversion Dam, comprised application is on file with the Commis­ the Commission on its own review of the of 7,662 feet of concrete lined canal 24 sion and available for public inspection. matter finds that permission and ap­ inches in width and 18 inches in depth proval for the proposed abandonment is covered by wooden planks, and two spiral G o r d o n M . G r a n t , required by the public convenience and welded steel river crossing pipes; (4) Secretary. necessity. I f a petition for leave to inter­ Flow Line No. 1, a 24- by 30-inch con­ [P R . Doc. 70-16120; Piled, Dec. 1, 1970; vene is timely filed, or if the Commis­ crete lined canal 21,499 feet in length 8:48 a jn .] sion on its own motion believes that a extending from the South Fork Diversion formal hearing is required, further no­ Dam to Tank No. L (forebay); (5) Flow tice of such hearing will be duly given. Line No. 2, a 24- by 36-inch concrete [Docket No. CP71-139] Under the procedure herein provided lined canal 8,928 feet in length extending TEXAS GAS TRANSMISSION CORP. for, unless otherwise advised, it will be from powerhouse No. 1 to Tank No. 2 unnecessary for applicant to appear or (Second Forebay); (6) Forebay No. 1, a Notice of Application be represented at the hearing. riveted steel tank 61.4 feet in diameter N o v e m b e r 23, 1970. and 41.8 feet in height with a capacity G q r d o n M . G r a n t , of 2.8 acre-feet; (7) Forebay No. 2, riv­ Take notice that on November 9, 1970, 0 Secretary. eted steel tank 43 feet in diameter and Texas Gas Transmission Corp. (ap­ [P.R. Doc. 70-16121; Piled, Dec. 1, 1970; 29.2 feet in height with a capacity of 1 plicant), Post Office Box 1160, Owens­ 8:48 a.m .] acre-foot; (8) Penstock No. 1, 6,113 feet boro, K Y 42301, filed in Docket No. CP71- 139 an application pursuant to section in length extending from Forebay No. 1 [Docket No. RP69-1] to Powerhouse No. 1; (9) Penstock No. 7 (b) of the Natural Gas Act for permis­ 27,000 feet in length extending from sion and approval o,f the Commission to TRUNKLINE GAS CO. Forebay No. 2 to Powerhouse No. 2; (10) abandon the direct industrial sale of Powerhouse No. 1, a reinforced concrete natural gas in interstate commerce to Notice of Petition for Order Relieving building approximately 32 feet by 22 feet Arkansas Power & Light Co. (P & L ) ^ Settlement Agreement Obligation containing a 1,500 kw. generator direct- all as more fully set forth in the appli­ To Reduce Rates To Reflect Reduc­ connected to a 2,330 hp. Pel ton impulse cation which is on file with the Commis­ tion in Federal Income Taxes turbine operating under a static head of sion and open to public inspection. 1,772 feet; (11) Powerhouse No. 2, a re­ Applicant states that it is presently N o v e m b e r 25, 1970. inforced concrete building approximately selling up to 32,000 Mcf of natural gas Notice is hereby given that Trunkline 32 feet by 22 feet containing a 750 kw. per day to P & L under the terms of a Gas Co. (Trunkline) on November 16, generator direct-connected to a 1,030 hp. service agreement dated December 12, 1970, filed a petition for an order of the Pelton impulse turbine operating under 1949. Applicant delivers gas to Arkansas Commission relieving Trunkline from a static head of approximately 900 feet; Louisiana Gas Co. (Arkansas Louisiana) any obligation contained in its settle­ and (12) Switchyard No. 1 containing at Helena, Ark., and Arkansas Louisiana ment agreement to further reduce its one oil circuit breaker rated 7.5 kv. and transports the gas from that point to rates because of the second reduction m 400 A and three 667 kva. 2.4-36 kv. trans­ P & L ’s generating station near Forrest Federal income tax surcharge. The set­ formers; (13) Switchyard No. 2 contain­ City, Ark. tlement agreement was approved by

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18343 order of the Commission issued Febru­ suant to section 7(c) of the Natural Gas lic convenience and necessity. If a peti­ ary 19, 1969. Pursuant to article IV, sec­ Act for a certificate of . public conven­ tion for leave to intervene is timely filed, tion 2 of the agreement, Trunkline re­ ience and necessity authorizing appli­ or if the Commission on its own motion duced its rates effective as of January 1, cants to enter upon a dispatching ar­ believes that a formal hearing is re­ 1970, toreflect the reduction in the Fed­ rangement whereby United would deliver quired, further notice of such hearing eral income tax surcharge from 10 per­ certain volumes of natural gas to an will be duly given. cent to 5 percent. Trunkline states that existing customer, Columbia Gas of Ken­ Under the procedure herein provided the present petition is filed under article tucky, Inc. (Columbia of Kentucky), for for, unless otherwise advised, it will be IV of the settlement which provides that the account of Kentucky Gas, all as unnecessary for applicant to appear or the company may, upon a proper show­ more fully set forth in the application be represented at the hearing. which is on file with the Commission ing, seek and obtain relief from the fur­ G o r d o n M . G r a n t , ther obligation to reduce its rates to re­ and open to public inspection. Secretary. flect the elimination of the tax surcharge The application states that United is which occurred on July 1, 1970. authorized to sell and deliver natural [F.R. Doc. 70-16123; Filed, Dec. 1, 1970; In support of its request, Trunkline’s gas to Columbia of Kentucky for resale 8:48 a.m .] petition states that during the interven­ in the latter’s Ashland Division, and ing 18 months since the proceedings in Kentucky Gas is authorized to sell and [Docket No. CP70-199] this docket were concluded, it has ex­ deliver natural gas to Columbia of Ken­ perienced substantial increases in cost. tucky for resale in the latter’s Lexington CUMBERLAND NATURAL GAS CO., Included in the supporting papers is a Division. The application further states INC. cost of service, based upon operations in that Columbia of Kentucky cannot, at the 12-month period ended May 31,1970, times, fully utilize in its Lexington Divi­ Order To Show Cause sion the entire gas supply available to as adjusted, which purports to show that N o v e m b e r 25, 1970. with total jurisdictional sales, as ad­ it from Kentucky Gas, which Columbia justed, 488,642,938 Mcf, and the jurisdic­ of Kentucky could utilize,' in whole or 1. Texas Gas Transmission Corp. on tional cost of service in the amount of in part, in its Ashland Division. October 12, 1970, in the above-entitled $171,654,000, the company will experi­ Applicants state that, together with proceeding filed a motion requesting that ence a revenue deficiency under current Columbia of Kentucky, they have en­ the Commission make National Chemi­ rates which would yield revenues in the tered into a dispatching arrangement cal Corp. a party to the proceeding, order amount of $168,050 000. The petition fur­ which provides that at such times as National Chemical to show cause why ther states that the cost of service in­ Columbia of Kentucky cannot fully uti­ it should not be found to be a “natural- cludes return on investment which re­ lize in its Lexington Division its total gas company” within the meaning of flects an increase in its embedded cost of daily entitlement of natural gas from section 1 (b) of the Natural Gas Act and debt and preferred stock, but does not Kentucky Gas, United will deliver di­ be required to comply with the provisions reflect any change in return on common rectly to Columbia of Kentucky in the of sections 7(c) and 7(b), and require equity. latter’s Ashland Division, for the account National Chemical to make available in­ Copies of the petition were served on of Kentucky Gas, such unused portion of formation and data on the operation of jurisdictional customers and interested Columbia of Kentucky’s total daily en­ certain producing properties. On Novem­ State regulatory agencies. Any person titlement as may be requested by ber 3, 1970, this matter was certified to desiring to be heard or make any protest Columbia of Kentucky. * the Commission by the Presiding Exam­ with reference to said petition should Applicants state that this application iner, Byron E. Harrison. on or before December 11, 1970, file with does not involve any change in existing 2. By application filed February 24, the Federal Power Commission, Wash­ contractual agreements, gas supply, cur­ 1970, Cumberland seeks to abandon the ington, D.C. 20426, a petition to inter­ rent level of deliveries, facilities, or cur­ sale of gas to Texas Gas and its trans­ vene or protest in accordance with the rently effective rate and charges. portation and gathering system includ­ requirements of the Commission’s rules Any person desiring to be heard or to ing 14 miles of 6-inch pipeline extending of practice and procedure (18 CFR 1.8 or make any protest with reference to said from Greenville, Ky., to a point of inter­ 1.10). All protests filed with the Com­ application should on or before Decem­ connection with Texas Gas at Norton- mission will be considered by it in deter­ ber 18, 1970, file with the Federal Power ville, Ky. Cumberland alleges that no mining the appropriate action to be Commission, Washington, D.C. 20426, a service had been rendered for more than taken, but will not serve to make the petition to intervene or a protest in ac­ a year and that its facilities are dormant. Protestants parties to the proceeding. cordance with the requirements of the It also says that all gas supply connected Persons wishing to participate as a party Commission’s rules of practice and pro­ to this line has reached such a low pres­ in any hearing therein must file peti­ cedure (18 CFR 1.8 or 1.10) and the reg­ sure that it is not possible to compress tions to intervene in accordance with ulations under the Natural Gas Act (18 and deliver this gas to Texas Gas. Cum­ the Commission’s rules. The petition is CFR 157.10). All protests filed with the berland was granted a certificate for on file with the Commission and avail­ Commission will be considered by it in these facilities and for a sale of gas to able for public inspection. determining the appropriate action to be Texas Gas in Opinion No. 467 and Order, taken but will not serve to make the Pro­ 34 FPC 132 (July 29, 1965). On May 20, G o r d o n M . G r a n t , 1970, the Commission permitted Texas Secretary. testants parties to the proceeding. Any person wishing to become a party to a Gas to intervene and set the matter for [P H . Doc; 70-16122; Piled, Dec. 1, 1970; hearing which commenced on October 8, 8:48 a.m .] proceeding or to participate as a party in any hearing therein must file a peti­ 1970. It is indicated in the incomplete tion to intervene in accordance with the record so far made that on April 11, [Docket No. CP71-146] Commission’s rules. 1970, Cumberland transferred its pipe­ line and other facilities to National UNITED FUEL GAS CO. AND KEN­ Take further notice that, pursuant to the authority contained in. and subject Chemical. TUCKY GAS TRANSMISSION CORP. to the jurisdiction conferred upon the 3. In its present motion Texas Gas al­ Notice of Application Federal Power Commission by sections leges that information currently availa­ 7 and 15 of the Natural Gas Act and ble negatives the allegations made by N o v e m b e r 24,1970. the Commission’s rules of practice and Cumberland with respect to a depletion Take notice that on November 18, procedure, a hearing will be held without of gas supply particularly with respect to 1970, United Fuel Gas Co. (United) Post further notice before the Commission production properties in the White Office Box 1273, Charleston, W V 25323, on this application if no petition to inter­ Plains Field, Hopkins County, Ky., for­ and Kentucky Gas Transmission Corp. vene is filed within the time required merly owned by the Creek Oil Co. and (Kentucky Gas), Post Office Box 1273, herein, if the Commission on its own re­ the “ Collier Unit” in this field formerly- Charleston, WV 25323, filed in Docket view of the matter finds that a grant owned by J. C. Miller and the Tartan Oil No. CP71-146 a joint application pur­ of the certificate is required by the pub­ Co., all of which have been transferred

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18344 NOTICES

to National Chemical. Texas Gas believes obtain an FPC order permitting aban­ proximately 418 miles of existing pipe­ that National Chemical is using the donment, National Chemical can ter­ line in northeast Texas. White Plains Field as a storage field, but minate the contract and reconvey the The applicant also seeks a certificate that some gas previously dedicated to in­ facilities back to Cumberland. National of public convenience and necessity au­ terstate commerce is now being diverted Chemical alleges that no appreciable thorizing the construction and opera­ to intrastate commerce. It says that it native gas exists to supply Cumberland tion of approximately 140 miles of vari­ is unable to determine the effect of the and that it has no way to deliver Creek ous size pipelines in southeast Oklahoma possible injection of gas into the White or Collier Unit gas to Cumberland for along the Oklahoma-Texas border, and Plains Field, and, in addition to request­ redelivery to Texas Gas. What Cumber­ a total of 1,320 horsepower at two com­ ing that National Chemical be ordered to land and National Chemical say may well pressor stations in the same general show cause why it should not comply prove to be the case when a full record area. Applicant further requests author­ with the certificate and abandonment has been made, but we do not believe ization to transport additional volumes provisions of the Gas Act, asks that Na­ we are entitled to make a determina­ of gas for sale on a direct basis to Weyer­ tional Chemical make available informa­ tion on the basis of these allegations and haeuser Co. in southeastern Oklahoma. tion, which it lists in detail, on well the incomplete record. In support of its request to construct injections and withdrawals and be or­ The Commission orders: facilities and change the character of dered, if warranted, to cease diverting (A ) National Chemical shall show part of its transmission system in north­ gas from interstate commerce. The Staff cause why it should not be found to be a east Texas from interstate to intrastate of this Commission supports the requests “ natural-gas company” within the mean­ operation, Lone Star states that a com­ of Texas Gas and asks that Cumberland ing of section 1(b) of the Natural Gas bination of factors, including declining and National Chemical produce a copy Act, why it should not be required to jurisdictional reserves, unavailability of of the contract for the sale of the Cum­ obtain a certificate pursuant to section new jurisdictional gas supplies coupled berland facilities. "7(c) of the Act, as successor in interest with age and condition of the northeast 4. In our opinion on the basis of these with respect to producing acreage previ­ Texas transmission system which re­ allegations and the information in the ously dedicated to interstate commerce quires operation at reduced pressures, record so far compiled National Chemi­ and as transferee of the Cumberland and increasing markets, make the re­ cal should be ordered to show cause why facilities, and why it should not be re­ alignment necessary. it should not be found to be a ‘‘natural quired to comply with the abandonment Lone Star claims that after its re­ gas company” , why it should not be re­ provisions of section 7(b) of the Act. alignment it can supplement the north­ quired to obtain a certificate as successor National Chemical is hereby made a east Texas system with gas from exist­ in interest with respect to the pipeline party to these proceedings. ing intrastate producers, which gas it facilities and producing properties ac­ (B ) By subpoena or otherwise, the cannot now commingle with jurisdic­ quired by it, and why it should not be Presiding Examiner shall obtain from tional supplies because of restrictions in required to comply with the abandon­ the parties, including National Chemical, its intrastate gas contracts. ment provisions of section 7(b) of the what information he believes necessary The estimated cost of all construc­ Act. National Chemical, as apparent ac­ to resolve the issues in this proceeding as tion including realignment facilities and tual owner of the jurisdictional facilities, to the operation of producing properties facilities directly related to additional should become a party to the proceeding that have been used to supply gas to the sales to Weyerhaeuser is $4,114,386, of and should make available for the record Cumberland pipeline for delivery to which Weyerhaeuser has agreed to pay the type of information on the producing Texas Gas; and he shall order the pro­ $1,200,000 to Lone Star as aid in properties called for by Texas Gas. Ei­ duction of a copy of the contract for the. construction. ther Cumberland or National Chemical sale of the Cumberland facilities to Na­ Due notice of the application was should be required to produce the con­ tional Chemical. given by publication in the F e d e r a l R eg­ tract for the sale of the Cumberland is t e r on July 9, 1970 (35 F.R. 11058). facilities. Because of the'detailed nature By the Commission. On July 21, 1970, Natural Gas Pipeline of the information and the possible prac­ [ s e a l ] G o r d o n M . G r a n t , Company of America (Natural) filed a tical problems involved we shall not order Secretary. timely petition to intervene and stated the production of this information now [F.R. Doc. 70-16124; Filed, Dec. 1, 1970; that as Lone Star’s only jurisdictional but leave this to the Presiding Examiner, 8:48 a.m.] resale customer it could be adversely who will be able to adjust these re­ affected by Lone Star’s application since quests to the needs of the hearing, the Lone Star has allegedly delivered less practical possibilities, and the conven­ [Docket No. CP70-313] than its contract quantity to Natural ience of the parties. LONE STAR GAS CO. for the past several years and appears 5. In their answers to the motion of to weaken further Natural’s overall Texas Gas, Cumberland and National Order Permitting Intervention, Setting jurisdictional ' gas supply situation by Chemical variously complain of laches Hearing Date, and Prescribing Pro­ this proposal. Natural specifically re­ by Texas Gas and contend that Texas cedure quested a formal hearing. Gas has in effect abandoned the pur­ Lone Star responded to N a t u r a l’s pe­ N ovember 23, 1970. chase of gas from Cumberland and has tition to intervene claiming that it should formally canceled it. Furthermore, they On June 22, 1970, Lone Star Gas Co. be denied on the basis that N a t u ra l is say, they have relied on Texas Gas’ ac­ (Lone Star) filed in Docket No. CP70- attempting to improperly interject a tion to their detriment. Therefore they 313 an application pursuant to section contract matter involving a service argue that Texas Gas should not be 7 (b) and (c) of the Natural Gas Act agreement into a certificate proceeding. permitted to succeed in its motion. We for permission and approval to abandon It is our belief, however, that Natural, are of the opinion that these arguments certain natural gas facilities in Texas as the sole jurisdictional resale customer should not prevent our joining the neces­ and Oklahoma presently used in the of Lone Star, could be adversely affected sary parties and obtaining the necessary transportation of natural gas in inter­ by the abandonment of the subject fa­ information in this proceeding. The state commerce, and for a certificate of cilities with the concomitant withdrawa Commission is not merely making a public convenience and necessity au­ from the interstate market of naturai determination between private parties thorizing the construction and opera­ gas previously dedicated to such marke . but is concerned whether gas has been tion of certain other facilities for the The private obligations between Lon diverted from interstate commerce with­ transportation of natural gas in inter­ Star and Natural may well be governe out complying with the provisions of the state commerce. by contract. But obligations to the puo- Natural Gas Act. Lone Star seeks to abandon by re­ lic must be governed by the provisions 6. Cumberland says that it remains moval and salvage approximately 36 of the Natural Gas Act. The public ob­ the real party in interest because the miles of pipeline located between Texas ligations remain fixed until changed i agreement for the sale of the facilities and Oklahoma, and to abandon by the manner provided by the Act. se • provides that if Cumberland does not transferring to intrastate operation ap­ Continental Oil Company, 31 FTC iw< >

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18345 affirmed sub nom. United Gas Pipe Line ber 1 ,1970.x The proposed changes would that its rate filing be consolidated with Company v. FPC, 350 F. 2d 689 (5th Cir. increase charges for sales and transpor­ Docket No. RP70-25.^ 1965), 385 U.S. 83 (1966) ; United Gas tation services under all of Florida Gas’ Petitions requesting leave to intervene Pipe Line Company, 3 FPC 3 (1942). jurisdictional rate schedules by approx­ in both Docket Nos. RP71-27 and RP71- The Commission is the proper forum in imately $1,600,000 annually, based on 28 have been filed by Sim Oil Co. and which the issues presented by the pro­ volumes for the 12-month period ended Florida Power Corp. Municipal Distribu­ posed abandonment should be heard. December 31, 1969, as adjusted. Florida tors Group, Southern Gas Co. and The Commission finds : Gas states that the reason for the pro­ Gainesville Gas Co. filed petitions to in­ (1) It is necessary and appropriate in posed increased rates is to reflect the tervene in Docket No. RP71-27. Both carrying out the provisions of the Natural jurisdictional cost of service effect of Florida Power and the Municipal Group Gas Act that a public hearing be held normalized accounting of liberalized tax request that Florida Gas’ proposed in­ on the issues presented by Lone Star’s depreciation on all of its utility property creased rates be suspended for the 5- application in Docket No. CP70-313 as placed in service on or after January 1, month statutory period and Florida Pow­ ordered hereinafter. 1968, which is eligible for such treat­ er moves to consolidate Docket No. RP71- (2) Good cause exists to allow the ment. The company states that the cost 28 with Docket No. RP71-27. petitioner, Natural Gas Pipeline Com­ of service effect has been determined on The proposed rate increases in Docket pany of America, to intervene in this the basis of the same underlying test No. RP71-27 have not been shown to be proceeding subject to its compliance with period data filed by Florida Gas in sup­ justified and may be unjust, unreason­ the terms of this order that it may estab­ port of its presently effective rates in able, unduly discriminatory or preferen­ lish the facts and law from which the Docket No. RP70-25. tial or otherwise unlawful. It is appro­ nature and validity of its alleged rights Florida Gas, also on October 15, 1970, priate, in this case, however, that Flor­ and interests may be determined and tendered for filing in Docket No. RP71- ida Gas’ proposed increase in rates be show what further action may be appro­ 28 a petition requesting permission to suspended for 30 days until January 1, priate under the circumstances in the ad­ adopt normalized accounting of liber­ 1971, as hereinafter provided. ministration of the Natural Gas Act. alized tax depreciation for book and rate The fact that Florida Gas’ proposed The Commission orders: purposes, beginning January 1, 1971, on rates in both Docket Nos. RP71-27 and (A ) Natural Gas Pipeline Company of all its pre-1970 utility property eligible RP70-25 are based upon the same under­ America is permitted to intervene in this for such treatment, which has been con­ lying test period cost data raises issues proceeding subject to the rules and regu­ structed and placed in service on or after of law and fact common to both pro­ lations of the Commission: Provided, January 1, 1968.2 ceedings. Under these circumstances, and That it shall comply with the terms of In support of its proposed rate in­ in view of the interrelationship between this order and that its participation shall crease and its request for the change in Florida Gas’ rate filing in Docket No. be limited to matters affecting rights and accounting Florida Gas contends that RP71-27 and its petition for change of interests expressly asserted in its peti­ the considerations underlying the Com­ accounting in Docket No. RP71-28, it is tion to intervene: And provided further, mission’s decision in Texas Gas Trans­ appropriate that these proceedings be That the admission of such intervener mission Corporation, Opinion No. 578, consolidated with Docket No. RP70-25 shall not be construed as recognition by issued June 3, 1970, permitting normal­ for purposes of hearing and decision. the Commission that it might be ag­ ized accounting for liberalized tax The Commission finds: grieved because of any order entered in depreciation op pre-1970 property to this proceeding. Texas Gas, are equally applicable to It is necessary and proper in the public Florida Gas. interest and to aid in the enforcement of (B) A public hearing on the issues the provisions of the Natural Gas Act presented by Lone Star’s application in Florida Gas requests that the rate that the proposed tariff sheets listed in changes which it proposes in Docket No. Docket No. CP70-313 will be held in a footnote 1 above be suspended and the hearing room of the Federal Power Com­ RP71-27 be suspended by the Commis­ use thereof be deferred as herein pro­ sion for no more than 30 days, i.e., until mission, 441 G Street NW., Washington, vided. DC 20426, commencing at 10 a.m. on January 1, 1971, for the reason that the January 5,1971. company proposes to begin normalized The Commission orders: (C) The applicant shall file with the tax depreciation on its books as of that (A ) Pursuant to the authority of the Commission and serve on the petitioner, date on all of its utility property installed Natural Gas Act, particularly sections 4 the Commission’s staff, and the Presiding after January 1, 1968, and that a short­ and 15 thereof, the Commission’s rules of Examiner proposed evidence, including ened suspension period would permit it practice and procedure, and the regula­ the prepared testimony of witnesses and to synchronize its accounting for book tions under the Natural Gas Act (18 CFR exhibits, on or before December 7,1970. and rate purposes. I f > its proposed Ch. I ), a public hearing be held con­ changes in rates are not permitted to cerning the lawfulness of the rates, By the Commission. become effective as of January 1, 1971, charges, classifications, and services con­ [ s e a l ] G o r d o n M . G r a n t , after suspension, Florida Gas requests tained in Florida Gas’ FPC Gas Tariff, as Secretary. that the effective date of the change in proposed to be amended herein. accounting proposed in its petition in (B) Pending such hearing and deci­ [F.R. Doc. 70-16125; Filed, Dec. 1,, 1970; 8:40 a.m .L Docket No. RP71-28 be modified to coin­ sion thereon, Florida Gas’ revised tariff cide with the effective date of the sheets, listed in footnote 1 above, are changes in rates. Florida Gas requests suspended and the use thereof is de­ [Dockets Nos. RP70-25, RP71-27, RP71-28] ferred until January 1, 1971, and until such further time as they are made ef­ FLORIDA GAS TRANSMISSION CO. 1 The proposed revised tariff sheets are fective in the manner prescribed by the Third Revised Sheet No. 8 and Fifth Revised Natural Gas Act. Order Providing fdr Hearing, Suspend­ Sheet No. 4 of Original Volume No. 1 and ing Proposed Revised Tariff Sheets Fifth Revised Sheet No. 128 and Seventh (C) The proceedings in Dockets Nos. and Consolidating Proceedings Revised Sheet Nos. 27 and 63 of Original RP71-27, RP71-28, and RP70-25 are Volume No. 2. hereby consolidated for hearing and N ovember 24, 1970. 2 Florida Gas states that it made a timely decision. election with the Internal Revenue Service Florida Gas Transmission Co. (Florida By the Commission. M Gas), on October 15, 1970, tendered for to use normalized accounting for liberalized tax depreciation for book and rate purposes filing in Docket No. RP71-27 revised [ s e a l ] G o r d o n M . G r a n t , > for its post-1969 expansion property, pursu­ Secretary. tariff sheets proposing changes in its ant to the provisions of the Tax Reform Act FPC Gas Tariff, Original Volumes Nos. 1 of 1969 and the Commission’s Order No. 404, [F.R. Doc. 70-16126; Filed, Dec. 1, 1970; and 2, to become effective on Decem­ Docket No. R-387, issued May 15, 1970. 8:48 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18346 NOTICES

[Dockets Nos. CP71-135, 0171-389] a formal hearing is required, further 15 of the Natural Gas Act and the Com­ TEXAS GAS TRANSMISSION CORP., notice of such hearing will be duly mission’s rules of practice and procedure, given. a hearing will be held without further AND TEXAS GAS EXPLORATION Under the procedure herein provided notice before the Commission on this ap­ CORP. for, unless otherwise advised, it will be plication if no petition to intervene is Notice of Applications unnecessary for Applicant to appear or filed within the time required herein, if be represented at the hearing. the Commission on its own review of the N ovember 20,1970. matter finds that a grant of the cer­ G o r d o n M. G r a n t , Take notice that on November 5, 1970, Secretary. tificate is required by the public con­ Texas Gas Transmission Corp. (Texas venience and necessity. I f a petition for Gas), Post Office Box 1160, Owensboro, [F.R. Doc. 70-16145; Filed, Dec. 1, 1970; leave to intervene is timely filed, or if the 8:50 a.m.] K Y 42301, filed in Docket No. CP71-135, Commission on its own motion believes and its wholly owned subsidiary, Texas that a formal hearing is required, fur­ Gas Exploration Corp. (Exploration), [Docket No. CP71-140] ther notice of such hearing will be duly 1111 First City Bank Building, Houston, given. T X 77052, filed in Docket No. CI71-389, TEXAS GAS TRANSMISSION CORP. Under the procedure herein provided concurrent applications pursuant to sec­ Notice of Application for, unless otherwise advised, it will be tion 7 of the Natural Gas Act wherein unnecessary for Applicant to appear or Exploration proposes to abandon the N ovember 20, 1970. be represented at the hearing. sales of natural gas from its Bethal For­ Take notice that on November 12,1970, G o r d o n M. G r a n t , mation in the Elk Creek and St. Charles Texas Gas Transmission Corp. (appli­ Secretary. Fields located in Hopkins County, Ky., cant) , 3800 Frederica Street, Owens­ and its associated facilities to Texas Gas; boro, K Y 42301, filed in Docket No. [F.R. Doc. 70-16146; Filed, Dec. 1, 1970; and Texas Gas proposes to acquire said CP71-140 an application pursuant to 8:50 a.m .] facilities and remaining reserves, all as section 7(c) of the Natural Gas Act and more fully set forth in the applications § 157.7(c) of the regulations for a cer­ [Docket No. CP71-141] which are on file with the Commission tificate of public convenience and neces­ and open to public inspection. sity authorizing, during the 12-month TRANSCONTINENTAL GAS PIPE LINE Applicants state that by assignments period commencing on March 11, 1971, CORP. AND MID LOUISIANA GAS dated April 16, 1970, and April 27, 1970, the construction and operation of rou­ CO. Exploration conveyed all its right, title, tine measuring and regulating stations, and interests in said properties to Texas together with appurtenant facilities Notice of Application Gas which remaining gas reserves were necessary for the establishment of new N o v e m b e r 20, 1970. previously dedicated to Texas Gas pur­ and additional delivery points for the suant to certain gas purchase contracts sale and delivery of natural gas to exist­ Take notice that on November 12,1970, comprising Exploration’s FPC Gas Rate ing utility customers for resale in the Transcontinental Gas Pipe Line Corp. Schedules Nos. 19 and 25. vicinity of applicant’s pipeline system, all (Transco) , Post Office Box 1396, Hous­ Texas Gas states that the gas reserves as more fully set forth in the applica­ ton, T X 77001, and Mid Louisiana Gas will be acquired at Exploration’s net book tion which is on file with the Commission Co. (Mid Louisiana), Post Office Box value in the properties where such gas and open to public inspection. 1707, Shreveport, LA 71102, filed in reserves are located. Applicant states that the purpose of Docket No. CP71-141 a joint application Any person desiring to be heard or to this budget-type application is to secure pursuant to section 7 of the Natural Gas make any protest with reference to said authorization for the installation of Act seeking authorization for the trans­ application should on or before Decem­ delivery points which are routine in na­ portation and exchange of natural gas, ber 14, 1970, file with the Federal Power ture but which might otherwise require all as more fully set forth in the appli­ Commission, Washington, D.C. 20426, a the filing and processing of a separate cation which is on file with.the Commis­ petition to intervene or a protest in ac­ application for each such delivery point. sion and open to public inspection. cordance with the requirements of the Applicant states that the total cost of Under the proposed arrangement, Mid Commission’s rules of practice and pro­ all projects for which authorization is Louisiana will deliver to Transco certain cedure (18 CFR 1.8 or 1.10) and the sought is not to exceed $100,000. Further, volumes of natural gas up to a maximum regulations under the Natural Gas Act no deliveries to any one distributor or of 40,000 Mcf per day at the Cameron (18 CFR 157.10). All protests filed with consumer through any new delivery Meadows Plant, Cameron Parish, La. the Commission will be considered by it point shall exceed 100,000 Mcf annually, From April 1 to November 1 of each year, in determining the appropriate action and none of said deliveries of gas shall Transco will deliver such volumes of to be taken but will not serve to make the be used for boiler fuel purposes. natural gas as are requested by Mid Lou­ Protestants parties to the proceeding. Any person desiring to be heard or to isiana up to a maximum daily volume Any person wishing to become a party make any protest with reference to said of 40,000 M cf a day at a proposed point to a proceeding or to participate as a application should on or before Decem­ of interconnection between the systems party in any hearing therein must file ber 14, 1970, file with the Federal Power of the two companies in East Feliciana a petition to intervene in accordance Commission, Washington, D.C. 20426, a Parish, La. The difference between the with the Commission’s rules. petition to intervene or a protest in ac­ volumes delivered to Transco by Mid Take further notice that, pursuant to cordance with the requirements of the Louisiana at the Cameron Meadows the authority contained in and subject Commission’s rules of practice and pro­ point and the volumes delivered at the to the jurisdiction conferred upon the cedure (18 CFR 1.8 or 1.10) and the East Feliciana Parish delivery point, up Federal Power Commission by sections 7 regulations under the Natural Gas Act to 30,000 Mcf per day unless otherwise and 15 of the Natural Gas Act and the (18 CFR 157.10). All protests filed with agreed to by the parties, will be delivered Commission’s rules of practice and pro­ the Commission will be considered by it by Transco to Mid Louisiana at a pro­ cedure, a hearing will be held without in determining the appropriate action to posed point of interconnection between further notice before the Commission on be taken but will not serve to make the the systems of the two companies in St. these applications if no petition to in­ Protestants parties to the proceeding. James Parish, La. tervene is filed within the time required Any person wishing to become a party From November 1 to April 1 of each herein, if the Commission on its own to a proceeding or to participate as a year, Transco will deliver to Mid Louisi­ review of the matter finds that a grant party in any hearing therein must file a ana at the East Feliciana Parish delivery of the certificate and/or permission and petition to intervene in accordance with point such volumes as are requested by approval for the proposed abandonment the Commission's rules. Mid Louisiana up to a maximum of is required by the public convenience Take further notice that, pursuant to 70,000 Mcf per day. The difference be­ and necessity. I f a petition for leave to the authority contained in and subject to tween the volumes delivered by Mid Lou­ intervene is timely filed, or if the Com­ the jurisdiction conferred upon the Fed­ isiana to Transco at Cameron Meadows mission on its own motion believes that eral Power Commission by sections 7 and and the amount delivered by Transco to

FEDERAL REGISTER, V O L 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18347

Mid Louisiana at the East Feliciana Par­ convenience and necessity. I f a petition By order of the Board of Governors, ish point will be delivered to Transco by for leave to intervene is timely filed, or November 25,1970. Mid Louisiana at the St. James Parish if the Commission on its own motion [ s e a l ] K e n n e t h A. K e n y o n , point. believes that a formal hearing is required, Deputy Secretary. The agreement also provides that when further notice of such hearing will be Transco is confronted by unusual oper­ duly given. [F.R . Doc. 70-16095; Filed, Dec. 1, 1970; ating conditions on its system and needs Under the procedure herein provided 8:46 a.m .] additional deliveries from Mid Louisiana for, unless otherwise advised, it will be at the St. James Parish point of delivery, unnecessary for Applicant to appear or FIRST SECURITY CORP. Mid Louisiana will cooperate to the ex­ be represented at the hearing. tent of its abilities to aid in such G o r d o n M . G r a n t , Order Approving Acquisition of Bank situations. Secretary. Stock by Bank Holding Company The application states that Mid Lou­ (F.R. Doc. 70-16147; Filed, Dec. 1, 1970; In the matter of the application of isiana proposes to install at the East 8:50 a.m .] Feliciana Parish delivery point approxi­ First Security Corp., Salt Lake City, mately 150 feet of 8-inch line connecting Utah, for approval of acquisition of into Mid Louisiana’s existing lines, to­ 100 percent (less directors’ qualifying gether with a flow controller and other shares) of First Security State Bank of appurtenances, at an estimated cost of FEDERAL RESERVE SYSTEM Springville, Springville, Utah, a proposed new bank. $25,500. Transco proposes to construct, MERRILL BANKSHARES CO. own, operate and maintain meter and There has come before the Board of regulating equipment at the East Fe­ Notice of Application for Approval of Governors pursuant to section 3 (a )(3 ) liciana Parish delivery point, at an esti­ Acquisition of Shares of Bank of the Bank Holding Company Act of mated cost of $63,175, and to install and 1956 (12 U.S.C. 1842(a)(3)) and own a tap and flange connection on its Notice is hereby given that application § 222.3(a) of Federal Reserve Regulation facilitties in St. James Parish, at an esti­ has been made, pursuant to section 3(a) Y (12 CFR 222.3(a)), an application by (3) of the Bank Holding Company Act of mated cost of $6,107. First Security Corp., Salt Lake City, 1956 (12 U.S.C. 1842(a)(3)), by Merrill Utah, a registered bank holding com­ Applicants state that Mid Louisiana Bankshares Co., which is a bank holding pany, for the Board’s prior approval of will pay Transco an annual sum of company located in Bangor, Maine, for the acquisition of 100 percent of the $744,600 in equal monthly installments prior approval by the Board of Governors voting shares (less directors’ qualifying for this exchange and transportation of the acquisition by applicant of at least shares) of First Security State Bank of service. 80 percent of the voting shares of Federal Springville, Springville, Utah, a pro­ Applicants state that the proposed ex­ Trust Co., Waterville, Maine. posed new bank. change will enhance the flexibility of ap­ Section 3(c) of the Act provides that As required by section 3(b) of the plicants’ systems. Moreover, it will per­ the Board shall not approve: Act, the Board gave written notice of mit the early development and utilization receipt of the application to the Com­ by Mid Louisiana of a new storage field (1) Any acquisition or merger or con­ solidation under section 3 which would missioner of Financial Institutions of in St. James Parish, La., and it will enable the State of Utah, and requested his Mid Louisiana to serve more efficiently result in a monopoly, or which would be in furtherance of any combination or views and recommendation. The Com­ the heating season requirements of its missioner responded that he had no ob­ customers. conspiracy to monopolize or to attempt to monopolize the business of banking in jection to approval of the application. Any person desiring to be heard or to any part of the United States, or Notice of receipt of the application was make any protest with reference to said published in the F e d e r a l R e g is t e r on (2) Any other proposed acquisition or application should on or before Decem­ September 3, 1970 (35 F.R. 14027), pro­ merger or consolidation under section 3 ber 14, 1970, file with the Federal Power viding an opportunity for interested per­ whose effect in any section of the country Commission, Washington, D.C. 20426, a sons to submit comments and views with may be substantially to lessen competi­ petition to intervene or a protest in ac­ respect to the proposed transaction. A tion, or to tend to create a monopoly, or cordance with the requirements of the copy of the application, was forwarded to which in any other manner would be in Commission’s rules of practice and pro­ the U.S. Department of Justice for its restraint of trade, unless the Board finds cedure (18 CFR 1.8 or 1.10) and the consideration. Time for filing comments that the anticompetitive effects of the regulations under the Natural Gas Act and views has expired and all those re­ proposed transaction are clearly out­ (18 CFR 157.10). All protests filed with ceived have been considered by the the Commission will be considered by it weighed in the public interest by the Board. probable effect of the transaction in in determining the appropriate action to I t is hereby ordered, For the reasons be taken but will not serve to make the meeting the convenience and needs of the community to be served. set forth in the Board’s statement1 of Protestants parties to the proceeding. this date, that said application be and Any person wishing to become a party Section 3(c) further provides that, in hereby is approved, provided that the to a proceeding or to participate as a every case, the Board shall take into con­ application so approved shall not be con­ party in any hearing therein must file a sideration the financial and managerial summated (a) before the 30th calendar petition to intervene in accordance with resources and future prospects of the day following the date of this order, or the Commission’s rules. company or companies and the banks (b) later than 3 months after the date Take further notice that, pursuant to concerned, and the convenience and of this order, and provided further that the authority contained in and subject needs of the community to be served. (c) First Security State Bank of Spring­ to the jurisdiction conferred upon the Not later than thirty (30) days after ville shall be open for business not later Federal Power Commission by sections 7 the publication of this notice in the F e d ­ than 6 months after the date of this and 15 of the Natural Gas Act and the e r a l R e g is t e r , comments and views re­ Commission’s rules of practice and pro­ garding the proposed acquisition may be cedure, a hearing will be held without filed with the Board. Communications 1 Filed as part of the original document. further notice before the Commission on should be-addressed to the Secretary, Copies available upon request to the Board this application if no petition to inter­ Board of Governors of the Federal Re­ of Governors of the Federal Reserve System, Washington, D.C. 20551, or to the Federal vene is filed within the time required serve System, Washington, D.C. 20551. Reserve Bank of San Francisco. Dissenting herein, if the Commission on its own The application may be inspected at the Statement of Governors Robertson, Maisel, review of the matter finds that a grant of office of the Board of Governors or the and Brimmer filed as part of the original the certificate is required by the public Federal Reserve Bank of Boston. document and available upon request.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18348 NOTICES order. The periods described in (b) and approved by the Board to date.) Upon I t is hereby ordered, For the reasons (c) hereof may be extended for good acquisition of Bank, with deposits of set forth in the findings summarized cause by the Board, or by the Federal $6.2 million, Applicant would increase above, that said application be and Reserve Bank of San Francisco pursuant its share of State deposits by only 0.2 hereby is approved, provided that the to delegated authority. percent and would retain its relative posi­ action so approved shall not be consum­ tion among the State’s banking organi­ mated (a) before the 30th calendar day By order of the Board of Governors,* following the date of this order or (b) November 25,1970. zations and holding companies. Bank is slightly the smaller of the two later than 3 months after the date of this [ s e a l ] K e n n e t h A . K e n y o n , banks located within - the town of order, unless such time be extended for Deputy Secretary. Poquoson and is the ninth largest of the good cause by the Board, or by the Fed­ [F.R. Doc. 70-16096; Filed, Dec. 1, 1970; 11 banks located in the Newport News- eral Reserve Bank of Richmond pursuant 8:46 a.m .] Hampton SMSA, holding 2 percent of to delegated authority. that area’s deposits. Applicant’s nearest By order of the Board of Governors,1 FIRST VIRGINIA BANKSHARES CORP. existing subsidiaries are located 12 and November 24,1970. 25 miles, respectively, from Bank and Order Approving Acquisition of Bank there is no significant existing competi­ [ s e a l ] K e n n e t h A . K e n y o n , Stock by Bank Holding Company tion between Bank and either of these Deputy Secretary. subsidiaries. [F.R. T>oc. 70-16097; Filed, Dec. 1, 1970; In the matter of the application of On May 28, 1970, Applicant received 8:46 a m .] First Virginia Bankshares Corp., Arling­ Board approval for the acquisition of a ton, Va., for approval of acquisition of new bank to be located in the city of voting shares of the successor by merger Hampton (Hampton Bank), about 7.5 NEW CITIZENS BANK to Citizens Bank of Poquoson, Poquoson, miles from Poquoson. It is expected that Va. the bank will open in early 1971. Bank, Order Approving Merger of Banks There has come before the Board of one of the two area banks offering check­ In the matter of the application of Governors, pursuant to section 3 (a )(3 ) ing accounts without service charge, de­ New Citizens Bank for approval of of the Bank Holding Company Act of rives a substantial percentage of its merger with Citizens Bank of Poquoson. 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 demand deposits from Hampton and the There has come before the Board of (a) of Federal Reserve Regulation Y (12 adjoining city of Newport News, pri­ Governors, pursuant to the Bank Merger CFR 222.3(a)), the application of First marily through its bank-by-mail pro­ Act (12 U.S.C. 1828(c)), an application Virginia Bankshares Corp., Arlington, gram. (Applicant plans to continue the by New Citizens Bank, Poquoson, Va., a Va. (Applicant), a registered bank hold­ practice upon consummation of acquisi­ proposed State member bank of the Fed­ ing company, for the Board’s prior ap­ tion of Bank.) To this extent, consum­ eral Reserve System, for the Board’s proval of the acquisition of 80 percent or mation of the present proposal would prior approval, of the merger of that more of the voting shares of a new bank eliminate some potential competition Bank and Citizens Bank of Poquoson, into which would be merged Citizens between the two organizations. However, Poquoson, Va., under the charter of the Bank of Poquoson, Poquoson, Va. in view of the limited nature of this com­ former and the name of the latter. Notice (Bank). The new bank has significance petition, and the fact that Hampton of the proposed merger, in form approved only as a means of acquiring all of the Bank is a denovo entrant into its., area, by the Board, has been published pur­ shares of the bank to be merged into it. the Board affords limited weight to this suant to said Act. As required by section 3(b) of the Act, adverse consideration. Upon consideration of all relevant ma­ the Board gave written notice of receipt Moreover, it appears that the primary of the application to the Virginia Com­ terial in the record, including reports purpose of the acquisition of Bank is to received pursuant to the Act on the com­ missioner of Banking and requested his facilitate Applicant’s entry into the Wil­ views and recommendation. The Com­ petitive factors involved in the proposed liamsburg area, in which Bank can le­ merger, in the light of the factors set missioner recommended approval of the gally establish branches. Bank appar­ forth in said Act, application. ently lacks the financial and managerial Notice of receipt of the application resources as an independent institution I t is hereby ordered, For the reasons was published in the F e d e r a l R e g is t e r to branch and become fully competitive set forth in the Board’s order of this date on October 7, 1970 (35 F.R. 15426) pro­ in the Newport News-Hampton area. On concerning the acquisition of the succes­ viding an opportunity for interested per­ the other hand, under the sponsorship of sor by merger to Citizens Bank of Poquo­ sons to submit comments and views with Applicant, it could become a meaningful son by First Virginia Bankshares Corp., respect to the proposal. A copy of the competitor in the Williamsburg area. Arlington, Va., that said application be application was forwarded to the U.S. Based upon the foregoing, the Board and hereby is approved, provided that Department of Justice for its considera­ concludes that consummation of the pro­ said merger shall not be consummated tion. Time for filing comments and views posal would have no significant adverse (a) before the 30th calendar day follow­ has expired and all those received have effect on competition in any relevant ing'the date of this order or (b) later been considered by the Board. area. The banking factors as they relate than. 3 months after the date of this The Board has considered the appli­ to Applicant and its subsidiaries are con­ cation in the light of the factors set forth sistent with approval. The banking fac­ order unless such period is extended for in section 3(c) of the Act, including the tors as they relate to Bank are reasonably good cause by the Board, or by the Fed­ effect of the proposed acquisition on satisfactory. Since Applicant would pro­ eral Reserve Bank of Richmond pursuant competition, the financial and manage­ vide a remedy for a potential manage­ to delegated authority. rial resources and future prospects of ment succession problem, these factors the Applicant and the banks concerned, lend some weight toward approval of the By order of the Board of Governors,* and the convenience and needs of the application. Considerations relating to November 24,1970. communities to be served. Upon such the convenience and needs of the com­ [ s e a l ] K e n n e t h A. K e n y o n , consideration, the Board finds that: munities to be served, also lend some Deputy Secretary. Applicant, which controls 12 banks weight toward approval; although the banking needs of the Poquoson area ap­ [F.R. Doc. 70-16098; Filed, Dec. 1, 1970: with $444 million in deposits, is the 8:46 a.m .] State’s sixth largest banking organiza­ pear to be adequately served, Applicant proposes to improve and expand Bank’s tion and fourth largest bank holding » Voting for this action: Chairman Burns company. (Banking data are as of De­ present services by instituting trust and data processing services and expansion and Governors Robertson, Mitchell, Daaa > cember 31, 1969, and reflect acquisitions Brimmer, and SherriU. Absent and no of bank mortgage lending. It is the voting: Governor Maisel. •Voting for this action: Chairman Burns Board’s judgment that consummation of •Voting for this action: Chairman Bum » and Governors Mitchell, Daane, and Sherrill. the proposed acquisition would be in the and Governors Robertson, Mitchell, Daan > Voting against this action: Governors public interest and that the application Brimmer, and Sherrill. Absent and not vot­ Robertson, Maisel, and Brimmer. should be approved. ing: Governor Maisel.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18349

Clerk, Department of Health, Education, [Docket No. FDC-D-232; NADA No. 11-506V] DEPARTMENT OF HEALTH, and Welfare, Office of the General Coun­ CIBA PHARMACEUTICAL CO. sel, Room 6-62, 5600 Fishers Lane, Rock­ ville, MD 20852, a written appearance Ultracortenol; Notice of Withdrawal EDUCATION, AND WELFARE electing whether: of Approval of New Animal Drug Food and Drug Administration 1. To avail themselves of the oppor­ Application tunity for a hearing; or [Docket No. FDC-D-164; NADA No. 9-015V] 2. Not to avail themselves of the op­ A notice of opportunity for hearing on the proposed withdrawal of approval of S. E. MASSENGILL CO. portunity for a hearing. I f such persons elect not to avail them­ new animal drug application No. Keraspray; Notice of Opportunity selves of the opportunity for a hearing, 11-506V and all amendments and sup­ for Hearing the Commissioner, without further plements thereto held by CIBA Phar­ notice, will enter a final order withdraw­ maceutical Co., 556 Morris Avenue, An announcement published in the ing the approval of the new animal drug Summit, NJ 07901, for the drug Ultra­ Federal R egister of February 14, 1969 application. cortenol was published in the F ederal (34 F.R. 2212), invited the S. E. Massen- Failure of such persons to file a written R egister on September 23,1970 (35 F.R. gill Co., 527 Fifth Street, Bristol, TN appearance of election within said 30 14796). CIBA Pharmaceutical Co. filed a 37620, holder of NADA (new animal days will be construed as an election by written appearance indicating that the drug application) No. 9-015V for Kera­ such persons not to avail themselves of manufacture and marketing of such spray (a drug containing 0.25 percent the opportunity for a hearing. drug had been discontinued and electing neomycin sulfate, 0.005 percent phenyl- The hearing contemplated by this not to avail itself of the opportunity for mercuric nitrate, 86.25 percent sulfa­ a hearing. nilamide, 10 percent sulfisoxazole, 0.5 notice will be open to the public except that any portion of the hearing that con­ The Commissioner of Food and Drugs, percent tetracaine hydrochloride, with pursuant to provisions of the Federal or without 0.25 percent methylene blue), cerns a method or process the Commis­ sioner finds entitled to protection as a Food, Drug, and Cosmetic Act (sec. 512 and any other interested person, to sub­ (e), 82 Stat. 345-47; 21 U.S.C. 360b(e)) mit pertinent data on the drug’s effec­ trade secret will not be open to the pub­ lic, unless the respondent specifies other­ and under authority delegated to him tiveness. Certain data were submitted (21 CFR 2.120), finds on the basis of new in response to the announcement. Such wise in his appearance. I f such persons elect to avail them­ information before him with respect to data were evaluated and the Commis-, said drug, evaluated together with the sioner of Food and Drugs concludes that selves of the opportunity for a hearing, they must file a written appearance re­ evidence available to him when the ap­ available information still fails to pro­ plication was approved, that there is a vide substantial evidence of effectiveness questing the hearing and giving the rea­ sons why approval of the new animal lack of substantial evidence that such of the drug. drug will have the effect it purports or Therefore, notice is given to the S. E. drug application should not be with­ drawn, together with a well-organized is represented to have under the condi­ Massengill Co., and to any interested tions of use prescribed, recommended, or person who may be adversely affected, and full-factual analysis of the clinical suggested in its labeling. that the Commissioner proposes to issue and other investigational data they are an order under the provisions of section prepared to prove in support of their op­ Therefore, pursuant to the foregoing 512(e) of the Federal Food, Drug, and position to the grounds for the notice of finding, approval o f new animal drug Cosmetic Act (21 U.S.C. 360b(e)) with­ opportunity for a hearing. A request for application No. 11-5Q6V and all amend­ drawing approval of NADA No. 9-015V a hearing may not rest upon mere allega­ ments and supplements thereto ap­ tions or denials, but must set forth spe­ and all amendments and supplements plying to Ultracortenol is withdrawn thereto held by the S.. E. Massengill Co. cific facts showing that a genuine and effective on the date of signature of this for the drug Keraspray on the grounds substantial issue of fact requires a hear­ that: ing. When it clearly appears from the document. Information before the Commissioner data in the application and from the rea­ Dated: November 9, 1970. with respect to the drug, evaluated to­ sons and factual analysis in the request gether with the evidence available to for the hearing that no genuine and sub­ Sam D. F in e , him when the application was approved, stantial issue of fact precludes the with­ Associate Commissioner does not provide substantial evidence drawal of approval of the application, for Compliance. that the drug has the effect it purports' the Commissioner will enter an order [F.R. Doc. 70-16093; Filed, Dec. 1, 1970; or is represented to have under the con­ stating his findings and conclusions on 8:46 a.m .] ditions of use prescribed, recommended, such data. I f a hearing is requested and or suggested in its labeling. justified by the response to this notice, In accordance with the provisions of the issues will be defined, a hearing Social and Rehabilitation Service section 512 of the act (21 U.S.C. 360b), examiner will be named, and he shall is­ CONFORMITY OF PUBLIC ASSISTANCE sue a written notice of the time and place the Commissioner will give the applicant, PLAN OF THE STATE OF MISSOURI and any interested person who would be at which the hearing will commence. The adversely affected by an order withdraw­ time shall be not more than 90 days after WITH THE SOCIAL SECURITY ACT ing such approval, an opportunity for a the expiration of said 30 days unless the Notice of Hearing hearing at which time such persons may hearing examiner and the applicant produce evidence and arguments to show otherwise agree. Notice is hereby given that issue No. why approval of NADA No. 9-015V This notice is issued pursuant to pro­ 4 set forth in the Notice of Hearing pub­ should not be withdrawn. Promulgation visions of the Federal Food, Drug, and lished in the F e d e r a l R e g is t e r , Novem­ of the order will cause any drug similiar Cosmetic Act (sec. 512, 82 Stat. 343-51; ber 13, 1970 (35 F.R. 17440) has been 21 U.S.C. 360b) and under authority in composition to Keraspray and recom­ amended as stated in the following letter mended for similar conditions of use to delegated to the Commissioner (21 CFR be a new animal drug for which an ap­ 2.120).. which has been sent to the Missouri State Department of Public Health and proved new animal drug application is Dated: November 16,1970. not in effect. Any such drug then on the Welfare, Division of Welfare. market would be subject to regulatory Sam D. F in e , proceedings. Associate Commissioner Dated: November 25,1970. Within 30 days after publication for Compliance. J o h n D. T w i n a m e , hereof in the F ederal R egister, such per­ [F.R. Doc. 70-16092; Filed, Dec. 1, 1970; Administrator, Social and sons are required to file with the Hearing 8:45 a.m.] Rehabilitation Service.

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 No. 233------6 18350 NOTICES

Department of Health, Education, and This action is taken under the author­ able for public inspection at the Commis­ Welfare ity of the Federal-Aid Highway Act of sion’s Public Document Room at 1717 H SOCIAL AND REHABILITATION SERVICE 1968 (23 U.S.C. 116(d)) and the dele­ Street NW., Washington, DC. Copies of gation of authority in § 1.48(b) of the M r. Proctor N. Carter, item (2) above may be obtained upon re­ Director, Division of Welfare, regulations of the Office of the Secretary, quest sent to the U.S. Atomic Energy State Department of Public Health 49 CFR 1.48(b) (35 F.R. 4959) (1970). Commission, Washington, D.C. 20545, At­ and Welfare, Issued on November 23,1970. tention: Director, Division of Reactor Broadway State Office Building, Licensing. Jefferson City, Mo. 65102. F. C. T u r n e r , Dated at Bethesda, Md., this 23d day N ovember 25,1970. Federal Highway Administrator. of November 1970. Dear Mr. Carter: In my letter of Novem­ [F.R. Doc. 70-16105; Filed, Dec. 1, 1970; ber 10, 1970, I stated the time and place for B:47 a.m .] For the Atomic Energy Commission. the conformity hearing on certain problems P e t e r A. M o r r is , in the administration of the Missouri State welfare program and the issues to be con­ Director, sidered at that hearing. Division of Reactor Licensing. Since then it has come to my attention ATOMIC ENERGY COMMISSION [F.R. Doc. 70-16099; Filed, Dec. 1, 1970; that the manner in which Issue No. 4 was [Docket No. 50-133] 8:46 a.m .] stated does not fully reflect the problems to be considered. This issue is therefore modi­ PACIFIC GAS AND ELECTRIC CO. fied to read as follows: [Docket No. 50-344] 4. In regard to the State plan require­ Notice of Issuance of Facility License ments in sections 2 (a)(8 ), 402(a) (10), 1002 Amendment PORTLAND GENERAL ELECTRIC CO. (a )(11), 1402(a)(10), and 1902(a)(8) of the ET AL. Social Security Act, concerning the furnish­ The Atomic Energy Commission (the ing of assistance with reasonable promptness Commission) has issued, effective as of Notice of Application for Construction to all eligible individuals and time standards the date of issuance, Amendment No. 1 Permit and Operating License for determination of eligibility as approved in to Facility License No. DPR-7 dated H.B. IV—2200(b) (3) and 2300(b) (5) as modi­ January 21, 1969. The license presently The Portland General Electric Co., 621 fied by SRS Policy Statement of August 12, authorizes the Pacific Gas and Electric Southwest Alder Street, Portland, OR; 1968, and H.B. Supp. D-3020, item 2 and the city of Eugene, Eugene Water & 3030, item 2, which standards cover the time Co. to possess, use and operate the Hum­ from the date of application to the date the boldt Bay Power Plant Unit No. 3 located Electric Board, 500 East Fourth Street, applicants receive their first assistance check in Humboldt County, Calif., at steady- Eugene, OR; and Pacific Power & Light (or in the case of medical assistance, are state power levels up to a maximum of Co., 920 Southwest Sixth Avenue, Port­ determined eligible), or receive notice of 240 megawatts (thermal). The amend­ land, OR (the applicants), pursuant to denial of assistance, ment revises the license (paragraph 3.B) the Atomic Energy Act of 1954, as a. Whether the provisions of the Mis­ amended, filed an application, dated souri State plans for OAA, APDC, AB, and to authorize receipt, possession and use of the following additional byproduct June 25, 1969, for a permit to construct APTD which set forth time standards for and a license to operate a pressurized determining eligibility and furnishing as­ materials (formerly covered by State of sistance are in compliance with these Fed­ California License No. 0467-12): 30 water nuclear power reactor at the eral requirements; and curies of cobalt 60 in the form of two Trojan Nuclear Plant, an approximately b. Whether in the administration of the sealed sources and 1 curie of various by­ 623-acre site on the west bank of the State plans for OAA, AFDC, AB, APTD, and product materials between atomic Nos. 3 Columbia River, about 31 miles north of MA, there is a failure to substantially com­ through 83 (inclusive) in any form, but Portland, Oreg., 4 miles south-southeast ply with these Federal requirements. of Rainier, Oreg., and 3 miles northwest If your agency would like to have further not to exceed 100 millicuries of any one isotope. of Kalama, Wash., in Columbia County, negotiations on this or any of the other Oreg. issues stated in my letter of November 10, The Commission has found that the In amendments to its application, the 1970, I shall be glad to cooperate with you. application for the amendment dated Sincerely yours, October 21, 1970, complies with the re­ Portland General Electric Co. (the ap­ plicant) and the city of Eugene, Oreg., John D. T w inam e, quirements of the Atomic Energy Act of acting by and through the Eugene Water Administrator. 1954, as amended (the Act), and the & Electric Board and the Pacific Power [FJt. Doc. 70-16104; Filed, Dec. 1, 1970; Commission’s regulations published in 10 & Light Co. (the coapplicants) will be 8:47 a.m .] CFR Chapter I. The Commission has coowners of the proposed Trojan Nuclear made the findings required by the Act Plant. Portland General Electric Co. will and the Commission’s regulations which act as representative of the owners with are set forth in the amendment, and has respect to design, construction and op­ concluded that the issuance of the DEPARTMENT OF eration of the facility. amendment will not be inimical to the TRANSPORTATION common defense and security or to the The proposed reactor, designated as the health and safety of the public. Trojan Nuclear Plant, is designed for Federal Highway Administration initial operation at approximately 3,423 Within fifteen (15) days from the date thermal megawatts with a net electrical NATURAL BRIDGE INSPECTION of publication of the notice in the F e d ­ output of approximately 1,106 mega­ e r a l R e g is t e r , the applicant may file a STANDARDS watts. request for a hearing and any person Extension of Closing Date for whose interest may be affected by this A copy of the application and the Comments proceeding may file a petition for leave amendments thereto are available for public inspection at the Commission’s On September 24, 1970, the Adminis­ to intervene. Requests for a hearing and petitions to intervene shall be filed in Public Document Room, 1717 H Street trator issued a proposal to establish NW., Washington, DC, and at the Law standards for the inspection of bridges accordance with the Commission’s “Rules of Practice” in 10 CFR Part 2. If a re­ Library, Columbia County Circuit Court, on the Federal-Aid Highway System St. Helens, Oreg. (35 F.R. 14864). Interested persons were quest for a hearing or a petition for leave invited to submit comments on the pro­ to intervene is filed within the time pre­ Dated at Bethesda, Md., this 27th day posed standards on or before the close scribed in this notice, the Commission of November 1970. will issue a notice of hearing or an ap­ of business on November 30,1970. For the Atomic Energy Commission. The Administrator has received re­ propriate order. quests for extension of the closing date For further details with respect to this P e t e r A. M o r r is , for comments. Upon consideration of amendment, see (1) the licensee’s appli­ Director, these requests, the closing date is hereby cation for license amendment dated Oc­ Division of Reactor Licensing. extended to the close of business on De­ tober 21, 1970, and (2) the amendment [F.R. Doc. 70-16031; Filed, Dec. 1, 1970! cember 31,1970. to the facility license, which are avail­ 8:45 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18351

4. To take all necessary actions in [D elegation of Au thority No. 30-H UNDERGROUND NUCLEAR TEST (Region I I ), Amdt. 1] PROGRAMS, NEVADA TEST SITE connection with the administration and management of grants, agreements, and REGIONAL DIVISION CHIEFS ET AL. Notice of Availability of Environmental contracts executed , by the Associate Ad­ Delegation of Authority To Conduct Statement ministrator for Procurement and Man­ I. g I | t agement Assistance under the authority Program Activities in Region II Notice is hereby given that a docu­ granted in section 406 of the Economic Pursuant to the authority delegated to ment entitled “ Environmental ¡State­ Opportunity Amentments of 1967, except the Regional Director by Delegation of ment-Underground Nuclear Test Pro­ changes, amendments, modifications, or Authority No. 30-H, 35 F.R. 11603, as grams, Nevada Test Site (Tests of One termination of the original grant, amended (35 F.R. 15033), Delegation of Megaton or Less),” issued pursuant to agreement, or contract. Authority No. 30-H (Region II) 35 F.R. the Atomic Energy Commission’s imple­ ***** 12805, August 12, 1970, is hereby amend­ mentation of section 102(2) (C) of the Effective date: September 14, 1970. ed by revising Item IV to read as fol­ National Environmental Policy Act of lows: 1969 is being placed in the Commission’s D o n a l d M cL a r n a n , IV. Branch Manager—Buffalo, N.Y. Public Document Room, 1717 H Street Regional Director, 1. To approve or decline business, dis­ NW„ Washington, DC 20545, and in the San Francisco, Calif. aster, and displaced business direct loans Commission’s Nevada Operations Office. [F.R. Doc. 70-16101; Filed, Dec. 1, 1970; not in excess of $50,000 and participa­ 2753 South Highland, Las Vegas, NV 8:46 a.m.] 89102; the San Francisco Operations Of­ tion loans not in excess of $50,000 (SBA fice, 9800 South Cass, Argonne, IL 60439; share). 2. To approve ok decline economic op­ and the New York Operations Office, 376 [Delegation of Authority No. 30-F Hudson Street, New York, N Y 10014. (Region I) (Amdt. 1) ] portunity loans not in excess of $25,000 (SBA share). This statement covers all underground REGIONAL DIVISION CHIEFS, ET AL. noncratering nuclear tests of 1 mega­ 3. To close and disburse approved bus­ ton or less for fiscal year 1971 at the Delegation of Authority To Conduct iness, economic opportunity, disaster, and displaced business loans. Commission’s Nevada Test Site. Filed Program Activities in Region I with this statement are the comments 4. To enter into business, economic op­ received from Federal and State agen­ Pursuant to the authority delegated to portunity and disaster loan participa­ cies on the draft statement of which No­ the Regional Director by Delegation of tion agreements with banks. tice of Availability was published in the Authority No. 30-F (35 F.R. 6886), as 5. To execute loan authorizations for F ed er al R e g is t e r , Volume 35, No. 141, amended (35 F.R. 15033), Delegation of central office, regional, and district ap­ July 22, 1970. Also filed with the state­ Authority No. 30-F (Region I) (35 F.R. proved loans and loans approved under ment is AEC’s response to the comments 8845) dated June 6, 1970, is hereby delegated authority, said execution to from Federal and State agencies. amended by revising Item I.J to read as read as follows: The Environmental Statement, the follows: (Nam e), Administrator comments on the draft statement and I. Regional Division Chiefs, Regional B y ------*s...... AEC’s response to those comments will Counsel and Staffs. * * * (N a m e) be furnished upon request addressed to J. Chief, Procurement and Manage­ (Title of persons signing) the General Manager, U.S. Atomic ment Assistance Division. 1. To take all 6. To cancel, reinstate, modify and Energy Commission, Washington, DC necessary actions in connection with the amend authorizations for business, eco­ 20545. administration and management of nomic opportunity, disaster, and dis­ grants, agreements, and contracts exe­ Dated at Washington, D.C., this 25th placed business loans. day of November 1970. cuted by the Associate Administrator for 7. To extend the disbursement period Procurement and Management Assist­ on all loan authorizations or undisbursed For the Atomic Energy Commission. ance under the authority granted in portions of loans. section 406 of the Economic Opportunity W. B. M cCool, 8. To approve, when requested, in ad­ Secretary of the Commission. Amendments of 1967, except changes, amendments, modifications, or termina­ vance of disbursement, conformed copies [F.R. Doc. 70-16100; Filed, Dec. 1, 1970; tion of the original grant, agreement, or of notes and other closing documents; 8:46 a.m .] contract. and certify to the participating bank that such documents are in compliance ***** with the participation authorization. SMALL BUSINESS Effective date: November 2,1970. 9. To approve service charges by par­ D a v id P . H e i l n e r , ticipating banks not to exceed 2 percent ADMINISTRATION Regional Director, Region I. per annum on the outstanding balance [F.R. Doc. 70-16102; Filed, Dec. 1, 1970; on construction loans and loans involv­ [Delegation of Authority No. 30-A (Region 8:46 a.m .] ing accounts receivable and inventory IX ), Amdt. 3] financing. REGIONAL d iv isio n c h iefs et a l ., 10. To take all necessary actions in [D eclaration of Disaster Loan A rea 791; connection with the . administration, REGION IX Am dt. 2] servicing, and collection, other than Delegation of Authority To Condu PUERTO RICO AND VIRGIN ISLANDS those accounts classified as “ in liquida­ Program Activities tion” ; and to do and to perform and to Declaration of Disaster Loan Area assent to the doing and performance of, Pursuant to the authority delegated i Declaration of Disaster Loan Area all and every act and thing requisite and the Regional Director by Delegation < proper to effectuate the granted powers, Authority No. 30-A (34 F.R. 18836), s 791 dated October 9, 1970, as amended, is hereby further amended as follows: including without limiting the general­ amended (34 F.R. 20076, 35 F.R. 107 ity of the foregoing: 35 F.R. 12683 and 35 F.R. 15033), Delegs 1. By adding “November 9, 1970” after “October 3, 1970” in paragraph No. 1. a. The assignment, endorsement, i£\°i>Authority No- 30“A (Region ES transfer and delivery (but in all cases « • 3133)» as amended (35 F.R. 471 2. By substituting “ May 31” for “April without representation, recourse, or war­ S I 35 /-R- 15033) is hereby furthi 30” in paragraph No. 2. ranty) of notes, claims, bonds, deben­ tS foiiowing^eViSing It6m I J t0 Ü1Clu< Dated: November 18, 1970. tures, mortgages, deeds of trust, con­ tracts, patents and applications therefor, J. Regional Division Chiefs, Region H i l a r y S a n d o v a l , Jr., licenses, certificates of stock and of de­ Counsel and staffs. * * * Administrator. posit, and any other liens, powers, rights, Procurement and Manage [F.R. Doc. 70-16103; Filed, Dec. 1, 1970; charges on and interest in or to property »«•era Assistance Division. * * * 8:46 a.in.] of any kind, legal and equitable, now or

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18352 NOTICES

hereafter held by the Small Business to section 206(a) (6) of the Interstate presently authorized to serve, on the Administration or its Administrator. Commerce Act, as amended October 15, other hand. Both intrastate and inter­ b. The execution and delivery of con­ 1962. These applications are governed by state authority sought. tracts of sale or of lease or sublease, Special Rule 1.245 of the Commission’s HEARING: March 2, 3, and 4, 1971,10 quit-claim, bargain and sale of special rules of practice, published in the F e d ­ a m., Hearing Room of the Missouri Pub­ warranty deeds, bills of sale, leases, sub­ e r a l R e g is t e r , issue of April 11, 1963, lic Service Commission, Jefferson City, leases, assignments, subordinations, re­ page 3533, which provides, among other Mo. Requests for procedural information leases (in whole or in part) of liens, satis­ things, that protests and requests for in­ including the time for filing protests faction pieces, affidavits, and such other formation concerning the time and place concerning this application should be instruments in writing as may be appro­ of State Commission hearings or other addressed to the Missouri Public Serv­ priate and necessary to effectuate the proceedings, any subsequent changes ice Commission, Jefferson City, Mo. foregoing.- therein, any other related matters shall 65101, and should not be directed to the c. The approval of bank applications be directed to the State Commission with Interstate Commerce Commission. for use of liquidity privileges under the which the application is filed and shall loan guaranty plan. not be addressed to or filed with the In­ By the Commission. d. Except: (1) To compromise or sell terstate Commerce Commission. [ s e a l ! R o b e r t L . O s w a l d , any primary obligation or other evidence State Docket No. T-25, 449 (Sub-No. Secretary. of indebtedness owed to the Agency for 1), filed November 13, 1970. Applicant: [F.R. Doc. 70-16152; Filed, Dec. 1, 1970; a stun less than the total amount due SOUTHERN MISSOURI FREIGHT, 8:50 a.m.] thereon; (2) to deny liability of the INC., Post Office Box 1091 C.S.S., Spring- Small Business Administration under field, MO 65803. Applicant’s represent­ the terms of a participation or guaranty ative: Herman W. Huber, 101 East High [Notice 200] agreement or the assertion of a claim Street, Jefferson City, MO 65101. Cer­ for recovery from a participating bank MOTOR CARRIER TEMPORARY tificate of public convenience and neces­ AUTHORITY APPLICATIONS under any alleged violation of a partici­ sity sought to operate a freight service pation or guaranty agreement; (3) to as follows: Transportation of General N o v e m b e r 27,1970. authorize the liquidation of a loan; and commodities, except those of unusual The following are notices of filing of (4) the cancellation of authority to value, dangerous explosives, uncrated applications for temporary authority un­ liquidate. household goods as defined by the Com­ der section 210a(a) of the Interstate 11. Size determinations for financial mission, commodities in bulk, and those Commerce Act provided for under the assistance only: To make initial size requiring special equipment: (1) From new rules of Ex Parte No. MC-67 (49 determinations in all cases within the Springfield, Mo., over U.S. Highway No. CFR 1131) published in the F ederal meaning of the Small Business Size 160 to its junction with Missouri High­ R e g is t e r , issue of April 27, 1965, effec­ Standards Regulations, as amended, ex­ way No. 123, thence over Missouri High­ tive July 1, 1965. These rules provide cept sections 501 and 502 loans, and way No. 123 to its junction with County that protests to the granting of an ap­ further, to make product classification Route U at Walnut Grove, thence over plication must be filed with the field decisions for financial assistance pur­ County Route U to its junction with official named in the F e d e r a l R egister poses only. Product classification deci­ County Route C in Dade County, thence publication, within 15 calendar days sions for procurement purposes are made over County Route C to its junction with after the date of notice of the filing of by contracting officers. County Route H at Bona, thence over the application is published in the F ed­ 12. Eligibility determinations for fi­ County Route H and an undesignated e r a l R e g is t e r . One copy of such protests nancial assistance only: To determine route over Stockton Lake to Areola, Mo., must be served on the applicant, or its eligibility of applicants for assistance and return. (2) From Springfield, Mo., authorized representative, if any, and under any program of the Agency, over 1-44 to Sarcoxie, Mo., and the junc­ the protests must certify that such except the SBIC and Community tion of Missouri Highway No. 27 and re­ service has been made. The. protests must Economic Development programs, in ac­ turn. (3) From Golden City, Mo., over be specific as to the service which such cordance with Small Business Adminis­ Missouri Highway No. 37 to Cassviile, Protestant can and will offer, and must tration standards and policies. No au­ Mo., and return. (4) From Springfield, consist of a signed original and six thority is hereby delegated to declare Mo., over U.S. Highway No. 60 and By? copies. the nonapplicability of eligibility limita­ Pass 60 to Monett, Mo., and return. (5) A copy of the application is on file, tion to a community emergency as set From Cassviile, Mo., over Missouri High­ and can be examined at the Office of forth in section 120.2(e) of SBA loan way No. 76 to Branson, Mo., and return the Secretary, Interstate Commerce policy regulations. and (6) From the junction of U.S. High­ Commission, Washington, D.C., and also * * * * * way No. 60 and County Route P at in field office to which protests are to be Effective date: October 6, 1970. Republic, Mo., over County Route P to transmitted. Clever, Mo., thence over County Route C a r l o s A . V i l l a m i l , K to its junction with County Route A, M o t o r C a r r ie r s o f P r o p e r t y Regional Director, thence over County Route A to its junc­ No. MC 2228 (Sub-No. 62 TA ), filed New York, Region II. tion with Missouri Highway No. 13 and November 23, 1970. Applicant: MER­ [F.R. Doc. 70-16135; Filed, Dec. 1, 1970; return. Serving the junctions of said CHANTS FAST MOTOR LINES, INC., 8:49 a.m .] routes and applicant’s presently author­ Post Office Drawer 270, East U.S. High­ ized regular routes for the purpose of way 80 Abilene, T X 79604. Applicant’s joinder, and with authority to render representative: Laurence M. Cottingham service between Springfield, Mo., and its (same address as applicant). Authority INTERSTATE COMMERCE commercial zone, and all points located sought to operate as a common carrier, on and along the above-named routes, by motor vehicle, over regular routes, COMMISSION including their commercial zones, also, transporting: General commodities in­ authority to serve between all points on cluding classes A and B Explosives (ex­ NOTICE OF FILING OF MOTOR CAR­ the above-described routes and between cept household goods as defined by the RIER INTRASTATE APPLICATIONS all points on all such points, on the one Commission, commodities in bulk, com­ hand, and all points applicant is present­ modities requiring special equipment and N o v e m b e r 27,1970. ly authorized to serve over its presently thus injurious or contaminating to other The following applications for motor authorized regular routes, on the other lading): (1) Between.Fort Worth, Tex., common carrier authority to operate in hand. Intrastate, irregular: Between all and Lubbock, Tex.; from Fort Worth intrastate commerce seek concurrent points and places in the Counties of over Texas Highway 199 to Seymour, motor carrier authorization in interstate Dade, Lawrence, and Barry, Mo., and thence over U.S. Highway 82 to Lubbock or foreign commerce within the limits of between points in said counties, on the and return over the same route, serving the intrastate authority sought, pursuant one hand, and all points applicant is all intermediate points between Jermyh

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18353

and Dickens, including Dickens, but serv­ to: Raymond T. Jones, District Super­ operate as a common carrier, by mo­ ing Ralls for the purpose of joinder only; visor, Interstate Commerce Commission, tor vehicle, over irregular routes, trans­ (2) between Albany; Tex., and Wichita Bureau of Operations, 410 Post Office porting: Wood bark fiber extenders, Palls, Tex.; from Albany, Tex., over U.S. Building, *Trenton, NJ 08608. from Anacortes, Wash., to the inter­ Highway 283, to Throckmorton, Tex., No. MC 107496 (Sub-No. 794 T A ), filed national boundary between the United thence over Texas Highway 79 to Wichita November 23, 1970. Applicant: RUAN States and Canada, at or near Blaine or Falls, Tex., and return over the same TRANSPORT CORPORATION, Third Sumas, Wash., for 180 days. Supporting route, serving all intermediate points; and Keosauqua Way, Des Moines, LA shipper: MacMillan Bloedel, Ltd., Post (3) between Quanah, Tex., and the junc­ 50309. Applicant’s representative: H. L. Office Box 340, Station A Vancouver 1, BC tion of Texas Highway 283 and XJ.S. Fabritz (same address as above). Au­ Canada. Send protests to: E. J. Highway 380; from Quanah, Tex., over thority sought to operate as a common Casey, District Supervisor, Bureau of Texas Highway 283 to its junction with carrier, by motor vehicle, over irregular Operations, Interstate Commerce Com­ U.S. Highway 380, as a point of joinder, routes, transporting: Phosphoric acid mission, 6130 Arcade- Building, Seattle, and return over the same route, serving and phosphatic fertilizer solution, in W A 98101. all 'intermediate points; (4) between bulk, in tank vehicles, from Milwaukee, No. MC 116077 (Sub-No. 305 T A ), filed Childress, - Tex., and Aspermont, Tex.; Wis., to Denver, Colo., for 180 days. November 23, 1970. Applicant: ROB­ from Childress, over U.S. Highway 287 Supporting shipper: Monsanto Co., 800 ERTSON TANK LINES, INC., 5700 Polk to its junction with U.S. Highway 83, North Lindbergh Boulevard, St. Louis, Avenue, Post Office Box 1505, 77001, thence over U.S. Highway 83 to Asper­ MO 63166. Send protests to: Ellis L. Houston, T X 77023. Applicant’s repre­ mont, and return over the same route, Annett, District Supervisor, Bureau of sentative: W. E. Weeks (same address as serving all intermediate points; (5) be­ Operations, Interstate Commerce Com­ above). Authority sought to operate as tween Vernon, Tex., and Dimmitt, Tex., mission, 677 Federal Building, Des a common carrier, by motor vehicle, over from Vernon over UJS. Highway 287 to its Moines, IA 50309. irregular routes, transporting: Hydro­ junction with U.S. Highway 70, thence No. MC 107515*(Sub-No. 718 T A ), filed chloric acid, in bulk, from the plant of over U.S. Highway 70 to Plainview, Tex., November 23, 1970-. Applicant: RE­ Kaiser Aluminum and Chemical Corp. thence over U.S. Highway 70 to its junc­ FRIGERATED TRANSPORT CO., INC., near Gramercy, La., the plant of Dow tion with Texas Highway 194, thence 3901 Jonesboro Road SE„ Post Office Chemical Co., Plaquemine, La., and the over Texas Highway 194 to its junction Box 308, Forest Park, GA 30050. Appli­ plant of Rubicon Chemical at Geismar, with U.S. Highway 385 South of Dimmitt, cant’s representative: B. L. Gundlach La., to the New Orleans, La., docks for Tex., thence over U.S. Highway 385 to (same address as above). Authority export to Kai§er facility in Jamaica, for Dimmitt, Tex., and return over the same sought to operate as a common carrier, 180 days. N o t e : Applicant does not in­ route, serving all intermediate points by motor vehicle, over irregular routes, tend to tack with existing authority. between Vernon and Matador, including transporting: Meat, meat products and Supporting shipper: Kaiser Chemicals Matador but serving Floydada for the meat byproducts, in vehicles equipped (R. L. Weber, Traffic Manager) Kaiser purpose of joinder only; Alternate route: With mechanical refrigeration, from at Center, 300 Lakeside Drive, Post Office (6) between Floydada, Tex., and Ralls, or near Holton, Kans., to points in Ala­ Box 2099, Oakland, CA 94604. Send pro­ Tex., from Floydada over Texas Highway bama, Florida, Georgia, North Carolina, tests to: District Supervisor John C. 207 to Ralls, and return over the same South Carolina, Tennessee, except Mem­ Redus, Bureau of Operations, Interstate route serving no intermediate points and phis and its commercial zone, for 150 Commerce Commission, Post Office Box serving Floydada and Ralls for the pur­ days. Supporting shipper: Kansas Meat 61212, Houston, T X 77061. pose of joinder only, for 180 days. Sup­ Packers, Division of A.P. Inc., Post Office No. MC 120872 (Sub-No. 8 T A ), filed porting shippers: West Texas Utilities Box 327, Holton, KS 66436. Send protests November 23, 1970. Applicant: COLO­ Co., Post Office Box 841, Abilene, T X to: William L. Scroggs, District Super­ RADO CARTAGE COMPANY, INC., 79604. Krause Plow Corp., 305 South visor, Interstate Commerce Commis­ 5275 Quebec Street, Commerce City, CO Monroe Street, Hutchinson, KS 67501. sion, Bureau of Operations, Room 309, 80022. Mail: Post Office Box 7176, Park League Ranch, Benjamin, T X 79505. Bird 1252 West Peachtree Street NW., At­ Hill Station, Denver, CO 80207. Appli­ Dry Goods Co., Crowell, T X 79227. Sears, lanta, GA 30309. cant’s representative: Edward T. Lyons, Roebuck & Co., 1409 South Lamar Street, Jr., 420 Denver Club Budding, Denver, No. MC 107515 (Sub-No. 719 T A ), filed Dallas, T X 75202. Montgomery Ward, CO 80202. Authdrity sought to operate November 23, 1970. Applicant: RE­ 2600 West Seventh Street, Fort Worth, as a common carrier, by motor vehicle, FRIGERATED TRANSPORT CO., INC., TX 76101. City Hardware, 418 Central over irregular routes, transporting (1) Avenue, Knox City, T X 79529. Matador 3901 Jonesboro Road SE., Post Office Business papers, records, and audit and Motor & Implement Co., Post Office Box Box 308, Forest Park, GA 30050. Appli­ accounting media; (2) exposed and proc­ 447, Matador, T X 79244. Coachmen In­ cant’s representative: B. L. Gundlach essed film and prints, complimentary dustries of Texas, Inc., Post Office Box (same address as above). Authority replacement film, camera replacement 516, Olney, T X 76374. Paducah Imple­ sought to operate as a common carrier, parts and incidental dealer handling ment Co., 719 Easly Street, Paducah, T X by motor vehicle, over irregular routes, supplies and advertising literature mov­ 79248. Ousley’s of Rule, Box 696, Rule, transporting: Cheese and frozen meat ing therewith (excluding motion picture TX 79547. Bishop’s Furniture & Appli-. products, from South Hutchinson, Kans., film used primarily for commercial ances, Box 637, Throckmorton, TX to points in Alabama, Florida, Georgia, theater and television exhibition); (3) 76083 and Joe Hodges Transportation South Carolina, North Carolina, Ten­ dentistry materials and supplies, when Corp., Wichita Falls, T X 76307. Send nessee, Kentucky, Virginia, Maryland, moving to or from dentists; (4) ophthal­ protests to: District Supervisor, Inter­ Ohio, West Virginia," Delaware, New mic goods and order forms, when mov­ state Commerce Commission, Bureau of Jersey, Pennsylvania, and New York, ing to or from ophthalmologists; (5) Operations, 9A27 Federal Building, 819 for 180 days. Supporting shipper: Dos- pharmaceuticals, radiopharmaceuticals, Taylor Street, Fort Worth, T X 76102. kocil Sausage, Inc., Nine Main North, medical isotopes, narcotics, blood and No. MC 2860 (Sub-No. 89 T A ), filed South Hutchinson, KS 67501. Send pro­ blood derivatives, biological specimens November 20,1970. Applicant: NATION­ tests to: William L. Scroggs, District and related records, and exposed x-ray AL FREIGHT, INC., 57 West Park Supervisor, Interstate Commerce Com­ films and materials; and (6) replace­ Avenue, Vineland, NJ 08360. Applicant’s mission, Bureau of Operations, Room ment parts for computers, data process­ representative: Addison Hand (same 309, 1252 West Peachtree Street NW., ing equipment, photocopy equipment address as above). Authority sought to Atlanta, GA 30309. and office machines, between points in operate as a common carrier, by motor No. MC 109294 (Sub-No. 14 T A ), filed Larimer, Weld, Boulder, Denver, Adams, vehicle, over irregular routes, transport­ November 23, 1970. Applicant: COM­ Arapahoe, Jefferson, Douglas, El Paso, ing: Empty glass containers, from Wax- MERCIAL TRUCK CO., LTD., 230 and Pueblo Counties, Colo. Restrictions: fhachie’ Tex., to New Orleans, La., for Brunette Street, New Westminster, BC (1) Restricted to traffic having an imme­ 180 days. Supporting shipper: Kerr Glass Canada. Applicant’s representative: diately prior or subsequent movement by Manufacturing Corp., 1650 Manheim Joseph O. Earp, 411 Lyon Building, air; and (2) no service shall be per­ Pike, Lancaster, PA 17604. Send protests Seattle, W A 98104. Authority sought to formed for the transportation of any

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18354 NOTICES shipment weighing more than 75 pounds Colonial Sugars Co., Gramercy Refinery, [Notice 109] from one consignor to one consignee at Gramercy, LA 70052, Oliver G. Stine, MOTOR CARRIER APPLICATIONS AND one location on any one day. Note: Ap­ Assistant Traffic Manager. Send protests CERTAIN OTHER PROCEEDINGS plicant proposes to interline traffic at to: Paul D. Collins, District Supervisor, Denver, Colo., which has an immediate Interstate Commerce Commission, Bu­ N ovember 27, 1970. prior or subsequent movement by air, reau of Operations, T-4009 Federal The following publications are gov­ for 180 days. Supported by: There are Building, 701 Loyola Avenue, New erned by the new Special Rule .247 of approximately 17 statements of support Orleans, LA 70113, the Commission’s rules of practice, pub­ attached to the application, which may No. MC 135072 (Sub-No. 1 T A ), filed lished in the F e d e r a l R e g is t e r , issue of be examined here at the Interstate Com­ November 20, 1970. Applicant: JUDSON December 3,1963, which became effective merce Commission in Washington, D.C., E. HEATER, 505 Como Park Boulevard, January 1, 1964. or copies thereof which may be exam­ Buffalo, N Y 14225. Applicant’s repre­ The publications hereinafter set forth ined at the field office named below. Send sentative: E. George Perdix, University reflect the scope of the applications as protests to: District Supervisor Herbert Club, 546 Delaware Avenue, Buffalo, filed by applicant, and may include de­ C. Ruoff, Interstate Commerce Commis­ N Y 14202. Authority sought to operate scriptions, restrictions, or limitations sion, Bureau of Operations, 2022 Federal as a contract carrier, by motor vehicle, which are not in a form acceptable to the Building, Denver, CO 80202. over irregular routes, transporting: Such Commission. Authority which ultimately No. MC 123392 (Sub-No. 28 T A ), filed merchandise as dealt in by Century may be granted as a result of the appli­ November 20, 1970. Applicant: JACK B. Housewares, Inc., from Hamburg, N.Y., cations here noticed will not necessarily KELLEY, INC., 3801 Virginia Street, to Erie, Pa.; Mansfield and Toledo, Ohio; reflect the phraseology set forth in the Amarillo, T X 79109. Applicant’s repre­ Flint, Pontiac, Saginaw, Lansing, Kala­ application as filed, but also will elimi­ sentative: Weldon M. Teague (same ad­ mazoo, and Muskegon Heights, Mich.; nate any restrictions which are not ac­ dress as above). Authority sought to Fort Wayne, Ind., and the return of ceptable to the Commission. operate as a common carrier, by motor such merchandise as dealt in by Century vehicle, over irregular routes, transport­ Housewares, Inc. (not only defective but A pplications A s s ig n e d f o r O r a l H earing ing: Ethylene gas, in bulk, in tube other as well) from Erie, Pa.; Flint, MOTOR CARRIERS OF PROPERTY trailers, from East Chicago, Ind., to Pontiac, Saginaw, Lansing, Kalamazoo, Richmond, Calif., for 120 days. Support­ Muskegon Heights, Mich.; Fort Wayne, No. MC 106760 (Sub-No. 102) (Repub­ ing shipper: E. A. Guldaman, West­ Ind., to Hamburg, N.Y., for 150 days. lication), filed June 11, 1969, published ern Transportation Manager, Stauffer Supporting shipper: Century House- in the F e d e r a l R e g is t e r issue of July 3, Chemical Co., 636 California Street, San wares, Inc., S-5225 Southwestern Boule­ 1969, and republished this issue. Appli­ Francisco, CA 94119. Send protests to: vard, Hamburg, N Y 14075. Send protests cant: WHITEHOUSE TRUCKING, INC., Hadkell E. Ballard, District Supervisor, to: George M. Parker, District Supervi­ 5020 Angola Road, Toledo, OH 43615. Ap­ Interstate Commerce Commission, Bu­ sor, Interstate Commerce Commission, plicant’s representatives: Leonard A. reau of Operations, Room 1012, Herring 518 Federal Office Building, 121 Ellicott Jaskiewicz, Suite 501,1730 M Street NW., Plaza, 317 East Third, Amarillo, T X Street, Buffalo, N Y 14203. Washington, DC 20036, and Irvin Tull and Fred Rahal, Jr., 1925 National Plaza, 79101. M o t o r C a r r ie r o f P a s s e n g e r s Tulsa, OK 74151. The report and recom­ No. MC 127030 (Sub-No. 3 T A ), filed mended order of the Hearing Examiner November 23, 1970. Applicant: MAT­ No. MC 29601 (Sub-No. 11 T A ), filed November 23, 1970. Applicant: MID­ which was served October 12, 1970, was THEW J. DePALMA, INC., 1700 Ortho­ made effective on November 18,1970, and dox Street, Philadelphia, PA 19124. WEST COACHES, INC., 216 North Sec­ ond Street, Mankato, MN 56001. Appli­ notice served on November 20, 1970, Applicant’s representative: Leonard W. finds; upon consideration of all evidence Becker (same address as above). Au­ cant’s representative: William E. Fox, 860 Northwestern Bank Building, Min­ of record that the present and future thority sought to operate as a common public convenience and necessity require carrier, by motor vehicle, over irregular neapolis, MN 55402. Authority sought to operate as a common carrier, by motor operation by applicant as a common car­ routes, transporting: Coke, in bulk, in rier, by motor vehicle, in interstate or dump vehicles, from Philadelphia, Pa., vehicle, over regular routes, transport­ ing: Passengers, their baggage, package foreign commerce, over irregular routes, to New York, N.Y., for 150 days. Sup­ transporting steel columns, steel joists, porting shipper: Debevoise-Anderson express, and newspapers in the same ve­ hicle with passeners, between Manka­ steel beams, steel roofing decks, steel Co., Inc., 60 East 42d Street, New York, to, Minm,' and Sioux City, Iowa. From shapes, steel trusses, steel sidings, and N Y 10017. Send protests to: District accessories thereof from the plantsites Supervisor F. W. Doyle, Interstate Com­ Mankato over U.S. Highway 14 to junc­ tion U.S. Highway 59; thence over U.S. of Macomber Inc., at Canton and Fair- merce Commission, 1518 Walnut Street, hope, Ohio, to points in Boone, Cook, Room 1600, Philadelphia, PA 19102. Highway 59 to Slayton; thence over Minnesota Highway 30 to Pipestone; De Kalb, DU Page, Grundy, Kane, Ken­ No. MC 135065 (Sub-No. 1 T A ), filed thence over U.S. Highway 75 to Sioux dall, Lake, McHenry, Will, and Winne­ November 23, 1970. Applicant: EARL G. City, and return over the same route, bago Counties, HI., and to points in DUBOSE TRUCKING CO., Route 1, Box serving all intermediate points, for 150 Washington, Oregon, California, Ne­ 257, Denham Springs, LA 70726. Appli­ days. N o t e : Applicant intends to tack vada, Arizona, Utah, Idaho, Montana, cant’s representative: John Schwab, at Mankato and Sioux City. Supporting Wyoming, Colorado, New Mexico, Texas, Post Office Box 3036, Baton Rouge, LA shipper: Robert W. Nelson, Tracy, MN; Oklahoma, Kansas, Nebraska, South Da­ 70821. Authority sought to operate as a Wayne W. Lange, Pipestone, MN; Ger­ kota, North Dakota, Minnesota, Wiscon­ contract carrier, by motor vehicle, over trude Wissink, Sioux Center, IA; George sin, Upper Peninsula of Michigan, points irregular routes, transporting: Refined Korenchen, New Ulm, M N ; Ray A. in Georgia on and north of U.S. Highway sugar, in packages, from Colonial Sugars Heinen, Springfield, MN; Raymond R. 80, South Carolina, North Carolina, Vir­ Co., Gramercy, La., on the one hand, and Aeilts, Rock Rapids, IA; Evin R. Clau­ ginia, and Ohio. The examiner further on the other, points in Alabama, Ark­ sen, Luverne, MN. Send protests to: A. finds that the holding by applicant oi ansas, Florida, Georgia, Illinois, Indiana, N. Spath, District Supervisor, Interstate the certificate authorized to be issued in Iowa, Kansas, Kentucky, Maryland, Commerce Commission, Bureau of Op­ the instant proceeding and the holdmg Mississippi,“ Missouri, North Carolina, erations, 448 Federal Building and U.S. by applicant’s commonly controlled affil­ Ohio, Oklahoma, Pennsylvania, South Courthouse, 110 South Fourth Street, iates, Beer Transport, Inc., and Relay Carolina, Tennessee, Texas, Virginia, Minneapolis, MN 55401. Transport, Inc., of permits in Nos. MC- West Virginia, and Wisconsin, return shipments limited to sugar shipments By the Commission. 127806 and MC-111309, respectively, wiU be consistent with the public interest and rejected in whole or part by consignees, [ s e a l ] R o b e r t L . O s w a l d , and materials and supplies necessary for Secretary. the national transportation policy, sub­ ject to the right of the Commission, the precessing and packaging of refined [F.R. Doc. 70-16153; Filed, Dec. 1, 1070; sugar, for 180 days. Supporting shipper: 8:50 a.m .] which is hereby expressly reserved, to

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18355 impose such terms, conditions, or limita­ sentative: Val M. Higgins, 1000 First Na­ thereunder. Because it is possible that tions in the future as it may find neces­ tional Bank Building, Minneapolis, MN other parties, who have relied upon the sary to insure that applicant’s operations 55402. The modified procedure has been notice of the application as published, conform to the provisions of section 210 followed in this proceeding and an order may have an interest in and would be of the act. Because it is possible that of the Commission, Operating Rights prejudiced by the lack of proper notice other persons, who relied upon the notice Board, dated May 28, 1970, and served of the authority described in the findings of the application as published, may have June 16, 1970, finds; that the present in this order, a notice of the authority an interest in and would be prejudiced and future public convenience necessity actually granted will be published in the by the lack of proper notice of the au­ require operation by applicant, in inter­ F e d e r a l R e g is t e r and issuance of a cer­ thority described in the findings in this state or foreign commerce, as a common tificate in this proceeding will be with­ order, a notice of authority actually carrier by motor vehicle, over irregular held for-^a period of 30 days from the date of such publication, during which granted will be published in the F e d e r a l routes, of fencing, lath, and pallets, from period any proper party in interest may R e g is t e r and issuance of a certificate in the plantsite of Cole Forest Products, the proceeding will be withheld for a Inc., near Grand Rapids, Minn., to points file a petition to reopen the proceeding period of 30 days from the date of such in North Dakota, South Dakota, Ne­ or for other appropriate relief, setting publication, during which period any braska, Kansas, Missouri, Iowa, Minne­ forth in detail the precise manner in proper party in interest may file a peti­ sota, Michigan, Wisconsin, Illinois, Indi­ which it has been so prejudiced. tion to reopen or for other appropriate ana, Ohio, Montana, Wyoming, and N o t ic e o f F i l i n g o f P e t i t i o n s relief setting forth in detail the precise Colorado; that applicant is fit, willing, manner in which it has been so and able properly to perform such serv­ No. MC 3647 (Sub-No. 391) (Notice ice and to conform to the requirements of Filing of Petition for Waiver of Rule prejudiced. 101(e) for Reopening, Reconsideration No. MC 127505 (Sub-No. 32) (Repub­ of the Interstate Commerce Act and the lication), filed May 26, 1970, published Commission’s rules and regulations and for Modification of Certificate), filed November 2, 1970. Petitioner: PUBLIC in the Federal R egister issue of July 2, thereunder. Because it is possible that 1970, and republished this issue. Appli­ other parties who have relied upon the SERVICE COORDINATED TRANS­ cant: RALPH H. BOELK, doing business notice of the application as published, PORT, 180 Boyden Avenue, Maplewood, as R. H. BOELK TRUCK LINES, Route may have an interest in and would be NJ 07040. Petitioner’s representative: No. 2, Mendota, IL 61342. Applicants prejudiced by the lack of proper notice Richard Frying (same address as ap­ representative: Ralph H. Boelk (same of the authority described in the findings plicant) . Petitioner holds authority in address as above). The modified pro­ in this order, a notice of the authority No. MC 3647 (Sub-No. 391) authorizing cedure has been followed in this proceed­ actually granted will be published in the it to conduct operations as a motor com­ ing and an order of the Commission, F e d e r a l R e g is t e r and issuance of a cer­ mon carrier, over regular routes, trans­ Operating Rights Board, dated Octo­ tificate in this proceeding twill be with­ porting: Passengers and their baggage ber 30, 1970, and served November 18, held for a period of 30 days from the date and express and newspapers in the same 1970, finds: that the present and of such publication, during which period vehicle with passengers, between Newark, future public convenience and neces­ any proper party in interest may file a N.J., and North Bergen, N.J.; serving all sity require operation by applicant, petition for leave to reopen the proceed­ intermediate points: From junction Ray­ in interstate or foreign commerce, ing or for other appropriate relief setting mond Boulevard and Park Place, Newark, as a common carrier by motor vehicle, forth in detail the precise manner in N.J., over Park Place to Broad Street, over irregular routes, of (1) alumi­ which it has been so prejudiced. thence over Broad Street to Stickle num articles (except those which be­ No. MC 134236 (Republication), filed Bridge, thence over Stickle Bridge cause of size or weight require the use December 12,1969, published in the F e d ­ (Interstate Highway 280) to Harrison, of special equipment or handling), from e r a l R e g is t e r issue of February 27, 1970, N.J., thence over Charles Fischer Ramp St. Charles, 111., to Goshen, Milford, New and republished this issue. Applicant: (Interstate Highway 280) to Harrison Paris, Lagrange, Plymouth, and Syra­ CLYDE W. FERGUSON, doing business Avenue, thence over Harrison Avenue cuse, Ind!; Waldon, Mich.; Edgerton, as CLYDE’S CUSTOM BODY ,& PAINT, and Jersey City-Newark Turnpike to Wis., and Bradner, Lima, and Van Wert, 4876 South West, Murray, UT 84107. Ap­ junction combined U.S. Highways 1-9, Ohio; and (2) household appliances, in plicant’s representative: Bruce G. Cohne, Jersey City, NJ., thence over combined containers, from Louisville, Ky., to 1010 University Club Building, Salt Lake U.S. Highways 1-9 to junction combined Edina, Minn.; that applicant is fit, will­ City, U T 84111. The modified procedure U.S. Highways 1-9 and Tonnele Avenue, ing, and able properly to perform such has been followed in this proceeding and Jersey City, N.J., thence over Tonnele service and to conform to the require­ a report and order of the Commission, Avenue (combined U.S. Highways 1-9) ments of the Interstate Commerce Act Review Board No. 1, decided November 5, to junction Secaucus Road, North Ber­ and the Commission’s rules and regula­ 1970, and served November 17, 1970, gen, N.J.; and return over the same route tions thereunder. Because it is possible finds upon viewing the substance of the to Stickle Bridge, Newark, N.J., thence that other persons who have relied upon application, the proposed service is actu­ over access roads leading to junction the notice of the application as pub­ ally that of a common carrier by motor State Street, thence over State Street to lished, may have an interest in and would vehicle; and that the present and future Broad Street, thence over Broad Street be prejudiced by the lack of proper notice public convenience and necessity require to Park Place, thence over Park Place to of the authority described in the findings operating by applicant, in interstate or Mulberry Street, thence over Mulberry in this order a notice of authority foreign commerce, as a common carrier Street to junction Raymond Boulevard, actually granted will be published in the by motor vehicle, over irregular routes, Newark. Between Newark, N.J., and Federal R egister and issuance of a cer­ of wrecked and disabled passenger vehi­ Harrison, N.J., serving all intermediate tificate in this proceeding will be with­ cles and trucks, by use of wrecker equip­ points: From junction Broad Street and held for a period of 30 days from the date ment only, from points in Lincoln, White Bridge Street, Newark, NJ., over Bridge of such publication, during which period Pine, and Elko Counties, Nev., those in Street to Bridge Street Bridge, thence any proper party in interest may file a Lincoln, Unita, Sublette, and Sweetwater over Bridge Street Bridge to Harrison petition to reopen or for other appro­ Counties, Wyo., those in Twin Falls, Avenue, thence over Harrison Avenue to priate relief setting forth in detail the Gqoding, Lincoln, Cassia, Oneida, Frank­ junction Charles Fischer Ramp (Inter­ precise manner in which it has been so lin, Bear Lake, Jerome, Madison, Mini­ state Highway 280), Harrison, N.J., and Prejudiced. doka, Blaine, Power, Bannock, Caribou, return over the same route. No. MC 133961 (Sub-No. 1) (Repub- Bingham, Butte, Jefferson, and Bonne­ Restriction : The operations authorized hcation) filed December 8, 1969, pub­ ville Counties, Idaho, and points in Mof­ herein are restricted against the pickup lished in the F e d e r a l R e g is t e r issue of fat, Rio Blanco, Garfield, and Mesa or discharge of passengers at Harrison, January 22, 1970, and republished this Counties, Colo., to Salt Lake City, Utah; N J. The above-described authority to issue. Applicant: DONALD L. SIMONS, that applicant is fit, willing, and able transport passengers was issued pursuant doing business as SIMONS TRUCKING properly to conform to the requirements to the application filed on or before CO., 721 loth Avenue West, Grand of the Interstate Commerce Act and to January 1,1967, and therefore incidental Rapids, MN 55744. Applicant’s Repre­ the Commission’s rules and regulations charter operations in interstate or

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18356 NOTICES foreign commerce may be conducted 61 M.C.C. 209; (2) mine shovels, scrapers tion Under Rule No. 102), filed Octo­ under rules and regulations prescribed and scoops; and (3) parts of those com­ ber 26, 1970. Petitioner: ARROW by the Commission pursuant to section modities named in (2) above; between FREIGHTWAYS, INC., Post Office Box 208(c) of the Interstate Commerce Act, Huntington, W. Va., on the one hand, 3783, 4800 Jefferson NE., Albuquerque, as amended November 10, 1966. Peti­ and, on the other, points in that part of NM 87110. Petitioner’s representative: tioner states it is a motor common car­ Tennessee on and east of U.S. Highway Jerry R. Murphy, 708 LaVeta Drive NE., rier passengers for hire, holding certifi­ 27, that part of Virginia on and west of Albuquerque, NM 87108. Petitioner holds cates of public convenience and necessity U.S. Highway 220, and that part of Penn­ authority in its certificate No. MC 128279 issued by the Commission, authorizing sylvania on and west of U.S. Highway (Sub-No. 1), authorizing service over ir­ operations over a network of regular 219, and those in that part of Ohio on regular routes, in the transportation of routes between points in New Jersey, and north of U.S. Highway 40. Any in­ Construction materials, supplies, and New York, Pennsylvania, and Delaware. terested persons desiring to participate equipment (except lumber and except Petitioner further states that the follow­ may file an original and six copies of his commodities the transportation of which ing restriction in said certificate “ the written representations, views, or argu­ because of size or weight requires the use operations authorized herein are re­ ment in support of, or against the peti­ of special equipment); (a) between Al­ stricted against the pickup or discharge tion within 30 days from the date of its buquerque and Bernalillo, N. Mex., on of passengers at Harrison, N.J.” requires publication in the F ederal R egister. the one hand, and, on the other, points petitioner to operate with “closed doors” No. MC 124969 (Sub-No. 9) (Notice of in New Mexico (except points in Rio Ar­ through Harrison, N.J. Petitioner oper­ Filing of Petition To Add Name of Ship­ riba, Taos, and San Juan Counties). Re­ ates express bus service between Newark, per), filed October 12, 1970. Petitioner: striction: The operations authorized N.J., and New York, N.Y., via the New JOSEPH M. BOOTH, doing business as above are restricted to the transporta­ Jersey Turnpike, traversing Harrison, J. M. BOOTH TRUCKING, Tavares, FL. tion of traffic having an immediately N.J. An increased number of trips are Petitioner’s representative: George A. prior or subsequent movement by rail, now operated over that route since the Olsen, 69 Tonnele Avenue, Jersey City, (b) between Albuquerque, N. Mex., and opening of New Jersey Turnpike Inter­ NJ 07306. Petitioner holds contract motor points in Valencia, McKinley, and San change 15W which joins its presently carrier authority in No. MC 124969 (Sub- Juan Counties, N. Mex., on the one hand, operated routes on the Jersey City- No. 9) to transport over irregular routes: and, on the other, Indian reservations Newark Turnpike. Petitioner believes (1) (a) Such commodities as are dealt in in Arizona. Restriction: The operations that a direct bus service is necessary be­ or used by chain grocery or department authorized next above are restricted tween Harrison, N.J., and Midtown New stores; and (b) agricultural commodities, against the delivery of traffic to points York City. By the instant petition, peti­ the transportation of which is otherwise in Arizona on U.S. Highway 66. Peti­ tioner requests; (1) that the provisions exempt from economic regulation under tioner states that the restriction in (a) of Rule 1100.101 of the Commissions section 203(b)(6) of- the Act, when above “restricted to the transportation general rules of practice be waived; (2) transported in the same vehicle, at the of traffic having an immediately prior or that the instant petition be accepted for same time with the commodities de­ subsequent movement by rail” is ad­ filing; (3) that the proceeding in Docket scribed in (1) (a) above, from points in ministratively undesirable, contrary to No. MC 3641 Sub 391 be reopened for Hudson, Bergen, Essex, Passaic, Union, the Commission’s expressed position, handling under modified procedure; (4) and Somerset Counties, N.J., the plant- contrary to the public interest and con­ that the authority granted herein be site of P. J. Ritter & Co., at Bridgeton, trary to the certificate of public con­ modified to lift the restriction that no N.J, points in Westchester, Nassau, Suf­ venience and necessity. By the instant passengers could be picked up or dis­ folk, and Rockland Counties, N.Y., Cox- petition, petitioner seeks removal of the charged at Harrison, N.J.; and (5) that sackie, Scotia, Waterford, and Waverly, above-quoted restriction from that part the Commission grant such other and N.Y., to points in Broward, Dade, Hills­ of its authority in (a) above. Any inter­ further relief as may be required in the borough, Lake, Orange, Pinellas, and ested person desiring to participate may premises. Any interested person desiring Palm Beach Counties, Fla.; and (2) (a) file an original and six copies of his writ­ to participate may file an original and returned shipments of the commodities ten representations, views, or argument six copies of his written representations, described in (1) (a) above; and (b) agri­ in support of or against the petition views, or arguments in support of or cultural commodities, the transportation within 30 days from the date of publica­ against the petition within 30 days from of which is otherwise exempt from eco­ tion in the F ederal R egister. the date of publication in the F ederal nomic regulation under section 203(b) No. MC 129680 and No. MC 129680 R egister (6) of the Act, when transported in the (Sub-No. 1) (correction) (Notice of No. MC 93003 (Sub-No. 15) (Notice of same vehicle at the same time with the Filing of Petition To Modify Permits), Filing of Petition for Waiver of Rule commodities described in (2) (a) above, filed October 1, 1970, published in the 101(e), for Reopening, Reconsideration, from points in Broward, Dade, Hillsbor­ F ederal R egister issue of October 21, and for Modification of Certificate), filed ough, Lake, Orange, Pinellas, and Palm 1970, and republished in part, as cor­ November 9, 1970. Petitioner: CARROLL Beach Counties, Fla., to points in Hud­ rected, this issue. Petitioner: FRANK TRUCKING COMPANY, a corporation, son, Bergen, Essex, Passaic, Union, and MORRIS, doing business as MORRIS 4901 U.S. Route 60, Post Office Box 5455, Somerset Counties, N.J., the plantsite of TRANSPORTATION, Wethersfield, CT. Huntington, WV. Petitioner is authorized P. J. Ritter & Co., at Bridgeton, N.J., Petitioner’s representative: Thomas W. in No. MC 93003 (Sub-No. 15), as here points in Westchester, Nassau, Suffolk, Murrett, 342 North Main Street,, West pertinent, to transport (1) mine cars, and Rockland Counties, N.Y, Coxsackie, Hartford, CT 06117. N o te : The sole pur­ shovels, scrapers and scoops, and (2) Scotia, Waterford, and Waverly, N.Y. Re­ pose of this partial republication is to parts of the commodities named in (1) striction: The operations authorized show the correct address of petitioner s above; between Huntington, W. Va., on herein are limited to a transportation representative as 342 North Main Street, the one hand, and, on the other, points service to be performed, under a continu­ West Hartford, CT 06117. The rest of in that part of Tennessee on and east of ing contract, or contracts, with Grand the petition remains as previously pub­ U.S. Highway 27, that part of Virginia Union Co. of East Paterson, N.J. By the lished on October 21, 1970. on and west of U.S. Highway 220, that instant petition, Petitioner seeks to add No. MC 133928 (Sub-No. 3) (Notice part of Pennsylvania on and west of U.S. the name of Unity Consolidated, Inc., as of Filing of Petition To Add Additional Highway 219, and those in that part of an additional contracting shipper. Any Contracting Shipper), filed October 30, Ohio on and north of U.S. Highway 40/ interested person desiring to participate 1970. Petitioner: ANTHONY B. OSTER- By the instant petition, petitioner seeks may file an original and six copies of his KAMP, JR., doing business as OSTER- to have the commodity description modi­ written representations, views, or argu­ KAMP TRUCKING, 764 North Cypress fied in its Sub 15 which now reads in part, ment in support of or against the peti­ Street, Orange, CA 92666. Petitioners as described above to read as follows: (1) tion within 30 days from the date of pub­ representative: Donald Murchison, 2U Mine and/or industrial cars and railway lication in the F ederal R egister. South Beverly Drive, Beverly Hills, CA car or locomotive parts as described in No. MC 128279 (Sub-No. 1) (Notice of 90212. Petitioner holds a permit to no* appendix IV of Motor Descriptions Case, filing of Petition to Remove a Restric­ MC 133928 (Sub-No. 3) authorizing it v>

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18357 conduct operations as a contract motor mission’s special rules governing notice sylvania State line and extending west carrier in the transportation, over irreg­ of filing of applications by motor car­ along U.S. Highway 62 to Canton, Ohio, ular routes, of Agricultural field equip­ riers of property or passengers under thence along U.S. Highway 30 to Mans­ ment and harvesting equipment, parts sections 5(a) and 210a(b) of the Inter­ field, Ohio, thence along U.S. Highway of agricultural field equipment and har­ state Commerce Act and certain other 30S to Marion, Ohio, and thence south vesting equipment, and materials and proceedings with respect thereto. (49 along Ohio Highway 4 to Cincinnati, supplies used in the harvesting and dis­ CFR 1.240). Ohio, including points on the indicated tribution of agricultural commodities, portions of the highways specified in between points in California, on the one MOTOR CARRIERS OF PROPERTY . < Ohio, except points on U.S. Highways 62 hand, and, on the other, points in Ari­ Finance Docket No. 26430. Applica­ and 30; zona. Restriction: The operations au­ tion by SEA LAND SERVICE, INC., Package groceries, from Cincinnati, thorized herein are limited to a trans­ R. J. REYNOLDS TOBACCO COM­ Ohio to Erie, Pa., and Buffalo, Rochester, portation service to be performed, under PANY, and REYNOLDS INDUSTRIES, Jamestown, and Syracuse, N.Y.; canned a continuing contract, or contracts, with INC., to control UNITED STATES and frozen fruits and vegetables, from Bud Antle, Inc., of Salinas, Calif. By LINES, INC. SEA LAND SERVICE, points in that part of New York bounded the instant petition, petitioner seeks to INC., operates as a water common car­ by a line beginning at Port Ontario, N.Y., add the name of Hoerner-Waldorf Corp. rier under certificate No. W-376, a sub­ and extending east along New York as an additional contracting shipper of sidiary company, SEA LAND FREIGHT Highway 13 to Pulaski, N.Y., thence commodities and within scope-of-service SERVICE, INC., is authorized to op­ south aiong U.S. Highway 11 to La Fa­ held by petitioner in its permit MC erate as a motor common carrier under yette, N.Y., thence west along U.S. High­ 133928 Sub 3. Any interested person de­ a Certificate of Public Convenience and way 20 to junction U.S. Highway 62, siring to participate may file an original Necessity issued in No. MC-96612, serv­ thence south along U.S. Highway 62 to and six copies of his written representa­ ing certain points and carrying general the New York-Pennsylvania State line, tions, views, or argument in support of or and specified commodities in the Pacific thence west and north along the New against the petition within 30 days from Northwest including Alaska. UNITED York-Pennsylvania State line to Lake date of publication in the F e d e r a l STATES LINES, operates as a water Erie, thence along the shore of Lake R e g is t e r . common carrier under a certificate is­ Erie to the United States-Canada bound-, ary line, at Buffalo, N.Y., thence along Applications for Certificates or P er­ sued in No. W-497, between New York, N.Y., Baltimore, Md., and Los Angeles the United States-Canada boundary line mits W hich A re To B e P rocessed to Lake Ontario, and thence along the Concurrently W it h A pplications and San Francisco, C&lif., through the Panama Canal. shore of Lake Ontario to point of begin­ Under Section 5 G overned b y Special ning at Port Ontario, N.Y., including . R ule 240 to the Extent A pplicable No MC-F-11027. Authority sought for purchase by REED LINES, INC., 634 points on the indicated portions of the No. MC 1515 (Sub-No. 160), filed No­ Ralston Avenue, Defiance, OH 43512, of highways specified, to Columbus, Ohio; vember 12, 1970. Applicant: GREY­ the operating rights of DAN’S MOTOR canned, prepared, or preserved foodstuffs HOUND LINES, INC., 1400 West Third LINES, INC., 153 Chautauqua Street, (except canned fruits and vegetables), Street, Cleveland, OH 44113. Applicant’s Fredonia, N Y 14063, and for acqu!sition from points in that part of New York representative: Anthony P. Carr (same by GLENN W. REED, also of Defiance, bounded by a line beginning at Port address as above). Authority sought to Ohio, of control of such rights through Ontario, N.Y., and extending east along operate as a common carrier, by motor the purchase. Applicants’ attorney: John New York Highway 13 to Pulaski, N.Y., vehicle, over regular routes, transport­ P. McMahon, 100 East Broad Street, thence south along U.S. Highway 11 to La ing: Passengers their baggage, and ex­ Columbus, OH 43215. Operating rights Fayette, N.Y., thence west and south press and newspapers in the same vehicle sought to be transferred: Soap, soap along U.S. Highway 20 to junction U.S. with passengers, from Muskegon, Mich., products, cleaning and washing com­ Highway 62, thence south along U.S. over new U.S. Highway 31 to Grand pounds and detergents (except in bulk, Highway 62 to the New York-Penn­ Haven, Mich., and return over the same in tank vehicles), as a common carrier, sylvania State line, thence west and route. Restriction: Service is not au­ over irregular routes, from the shipping north along the New York-Pennsylvania thorized to or from intermediate points. and plantsites of The Procter and Gam­ State line to Lake Erie, thence along the N o t e : The instant application is a ble Distributing Co., in Cinncinnati, shore of Lake Erie to Athol Springs, N.Y., matter directly related to MC-F-11015, Ohio, to Erie, Pa., and Buffalo, Roches­ thence east through Athol Springs to published in the F e d e r a l R e g is t e r issue ter, Jamestown, and Syracuse, N.Y.; junction U.S. Highway 20, thence north of November 25, 1970. If a hearing is canned foods, from Silver Creek and Irv­ along U.S. Highway 20, to junction deemed necessary, applicant requests it ing, N.Y., and points within one-quarter New York Highway 78, thence north be held at Lansing, Mich., Cleveland, mile of Irving, N.Y., to points in Con­ along New York Highway 78 to Wright’s Ohio, or Washington, D.C. necticut, Massachusetts, New Jersey, New Comers, N .Y , thence west along UJS. No. MC 55312 (Sub-No. 13), filed York, Ohio, Pennsylvania, and Rhode Highway 104 to the United States- November 18, 1970. Applicant: CONTI­ Island: package foods and canned aryl Canada boundary line, thence north NENTAL TENNESSEE LINES, INC., 418 frozen fruits and vegetables, from points along the United States-Canada bound­ JH S Avenue South, Nashville, TN in that part of New York (except Silver ary line to Lake Ontario, thence along 37203. Applicant’s representative: James Creek and Irving, N.Y., and points with­ the shore of Lake Ontario to point of Clarence Evans, 1800 Third National in one-quarter mile of Irving) bounded beginning, at Port Ontario, N.Y., includ­ Bank Building, Nashville, T N 37219. Au­ by a line beginning at Port Ontario, N.Y., ing points on the indicated portions of thority sought to operate as a common and extending east along New York the highways specified, to Columbus, carrier, by motor vehicle, over regular Highway 13 to Pulaski, N.Y., thence south Ohio. Vendee is authorized to operate as outes, transporting: Passengers, and along U.S. Highway 11 to La Fayette, a common carrier in Ohio, West Virginia, eir baggage, and express and news­ N.Y., thence west along U.S. Highway 20 Indiana, Maryland, New Jersey, New papers, in the same vehicle with passen- to junction U.S. Highway 62, thence York, Pennsylvania, Michigan, Ken­ gers between Louisville and Shepherds- south along U.S. Highway 62 to the New tucky, Illinois, District of Columbia, KrL’-over interstate Highway 65. York-Pennsylvania State line, thence Tennessee, Connect'cut, Delaware, Mas­ inote: This application is a matter di- west and north along the New York- sachusetts, Rhode Island, Virginia, Min­ £fVv.y £ ated t0 MC-F-11026, published Pennsylvania State line to Lake Erie, nesota, Maine, and Wisconsin. Applica­ tion has been filed for temporary author­ w oc , ° 3 A L R e g is t e r issue of Novem- thence along the shore^ of Lake Erie to ’ 19^0' a bearing is deemed nec- the United States-Canada boundary line, ity under section 210a(b). rK'uests “ be held at at Buffalo. N.Y., thence along the United No. MC-F-1,1028. Authority sought for States-Canada boundary line to Lake control by LEASE PLAN FLEET CORP., Ontario, and thence along the shore of 1925 North Sheridan, Tulsa, OK 74151, A pplications U n d e r S e c t i o n s 5 a n d Lake Ontario to point of beginning at 210a(b) of EVERETT LOWRANCE, INC., Post Port Ontario, to points in that part of Office Box 10216, New Orleans, LA 70121, aPPhcations are gov- Ohio (except Columbus) south and east and for acquisition by PEPSICO., INC., oy the Interstate Commerce Com­ of a line beginning at the Ohio-Penn- Purchase, N.Y. 10577, of cohtrol of

No. 233----- 7 FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18358 NOTICES

EVERETT LOWRANCE, INC., through Carolina, North Dakota, Ohio, South and unfrozen commodities, from points the acquisition by LEASE PLAN FLEET Carolina, South Dakota, Tennessee, Vir­ in Florida (except Bartow, Fla., and CORP. Applicants’ attorneys: Leonard ginia, West Virginia, and Wisconsin, with points within 50 miles of Bartow), to A. Jaskiewicz, 1730 M Street NW., Wash­ restrictions; bananas, from New Or­ points in Arkansas, Iowa, Missouri, Kan­ ington, DC 20036, and Richard O. Battles, leans, La., to points in Alabama, Arizona, sas, Nebraska (except Omaha and Lin­ 1925 National Plaza, Tulsa, OK 74151. Arkansas, California, Colorado, Florida, coln) , and Oklahoma; canned citrus Operating rights sought to be controlled: Georgia (except points within 15 miles of products, from Bartow, Fla., and points Meats, meat products and meat by­ Atlanta), Illinois, Indiana, Iowa, Kansas, within 50 miles thereof, to points in products, and articles distributed by Kentucky, Louisiana, Michigan, Minne­ Arkansas, Oklahoma, Kansas, Missouri, meat packinghouses, as described in sec­ sota, Mississippi, Missouri, Nebraska, Iowa, and Nebraska (except Omaha and tions A and C of appendix I to the report New Mexico, North Dakota, Ohio, Okla­ Lincoln); canned citrus products, and in Descriptions in Motor Carrier Certifi­ homa, South Dakota, Tennessee, Texas, canned juice and beverages (carbonated cates, 61 M.C.C. 209 and 766, except hides Virginia, West Virginia, Wisconsin, and or noncarbonated, other than citrus), and except commodities in bulk in tank Wyoming, from Mobile, Ala., to points in from Plymouth and Bradenton, Fla., to vehicles, as a common carrier, over Alabama, Arizona, Arkansas, California, points in Arkansas, Iowa, Kansas, Mis­ irregular routes, from the plantsite of Colorado, Florida (except Pensacola), souri, Nebraska, and Oklahoma; wheat Producers Packing Co., near Garden City, Georgia (except Atlanta and points bran and wheat shorts, from certain Kans., to points in Alabama, Louisiana, within 15 miles of Atlanta), Illinois, specified points in Kansas, to points in Mississippi, and Texas; from the plant- Indiana, Iowa, Kansas, Kentucky, Louisiana and Mississippi; alfalfa meal site of Missouri Beef Packers, Inc., near Louisiana, Michigan, North Dakota, and alfalfa pellets, from certain specified Friona, Tex., to points in Kentucky, Ohio, Oklahoma, South Dakota, Texas, points in Kansas, to points in Louisiana North Carolina, South Carolina, Ala­ Virginia, West Virginia, Wisconsin, and and Mississippi; bama, West Virginia, Georgia, Florida, Wyoming, from New Orleans, La., and Animal feed, except in bulk, fro m the and Tennessee (except Memphis and Mobile, Ala., to points in Idaho, Mon­ plantsite at or near Golden Meadow, La., points in its commercial zone as defined tana, Oregon, Utah, and Washington, and storage facilities at or near Lock- by the Commission); from the plant- from Gulfport, Miss., to points in Ala­ port, La., of Usen Products Co., to points site of Missouri Beef Packers, Inc., near bama (except Montgomery), Arizona, in Illinois, Wisconsin, Minnesota, Iowa, Friona, Tex., to points in Ohio, Indiana, Arkansas, California, Colorado, Florida Missouri, Texas, Oklahoma, Kansas, Oklahoma, Arkansas, Louisiana, and (except Pensacola), Georgia (except At­ Nebraska, South Dakota, North Dakota, Mississippi, and Memphis, Term., with lanta and points within 15 miles of A t­ Colorado, Tennessee, Kentucky, and In­ restrictions; meats, meat products, and lanta), Idaho, Illinois, IndiansC Iowa, diana; glassware, from certain specified meat byproducts, and articles distributed Kansas, Kentucky, Louisiana, Michigan, points in Oklahoma to certain specified by meat packinghouses, as described in Minnesota, Mississippi, Missouri, Mon­ points in Missouri, Cheyenne, a n d Cas­ sections A and C of appendix I to the tana, Nebraska, New Mexico, North per, Wyo., and points in Arkansas, Texas, report in Descriptions in Motor Carrier Carolina, North Dakota, Ohio, Okla­ New Mexico, Colorado, and Kansas, from Certificates, 61 M.C.C. 209 and 766, from homa, Oregon, South Carolina, South Sapulpa, Okla., to certain specified the plantsite and warehouse facilities of Dakota, Tennessee, Texas, Utah, Vir­ points in Arizona, and points in Missis­ National Beef Packing Co. near Liberal, ginia, Washington, West Virginia, Wis­ sippi, Alabama, Georgia, and Florida; Kans., to points in Kentucky and Ten­ consin, and Wyoming, from Galveston, glass containers, from Sand S p rin gs and nessee (except Memphis, Tenn., and Tex., to points in Alabama, Arizona, Muskogee, Okla., to points in Arizona points in its commercial zone as defined Arkansas, California, Colorado, Geor­ and Mississippi; glassware a n d caps, by the Commission); from Guymon, gia, Idaho, Illinois, Indiana, Iowa, Kan­ covers, stoppers, bail handles, top s, and Okla., to points in Alabama, Louisiana, sas, Kentucky, Louisiana, Michigan, other incidental accessories for glass­ Mississippi, and Texas, with restriction; Minnesota, Mississippi, Missouri, Mon­ ware, from Sand Springs and Sapulpa, Okla., to points in Kentucky, Tennessee Candy, confectionery products, and tana, Nebraska, New Mexico, North (except Memphis), that part of Illinois snack foods (other than frozen) (except Dakota, Ohio, Oklahoma, Oregon, South south of Interstate Highway 70, and in bulk), when moving in mixed loads Dakota, Tennessee, Texas, Utah, Wash­ points in St. Louis and Jefferson Coun­ with candy and/or confectionery prod­ ington, West Virginia, Wisconsin, and ties, Mo.; glass and plastic containers, ucts, all in vehicles equipped with Wyoming, from Houston, Tex., to points glassware, plasticware, caps, covers, tops, mechanical refrigeration, from New Or­ in Texas, New Mexico, Arizona, Califor­ corrugated paper boxes and containers, leans and Ponchatoula, La., to points in nia, Colorado, Oklahoma, Missouri, from Muskogee, Okla., to points in Ala­ Alabama, Arkansas, Colorado, Dela­ Nebraska, Kansas, Minnesota, Utah, bama, New Mexico, Texas, and W yo­ ware, Idaho, Illinois, Indiana» Iowa, Iowa, Arkansas, Illinois, Indiana, Loui­ siana, Michigan, and Wisconsin, from ming, from Ada, Okla., to points in Ala­ Kansas, Kentucky, Louisiana, Maryland, bama, Arkansas, Arizona, Colorado, Michigan, Minnesota, Mississippi, Mis­ Freeport, Tex., to points in Arkansas, Kansas, Mississippi, New Mexico, Texas, souri, Montana, Nebraska, Nevada, New Colorado, Iowa, Kansas, Louisiana, Min­ nesota, Missouri, Nebraska, New Mex­ and Wyoming; petroleum and petroleum Jersey, New Mexico, North Carolina, products (except commodities in bulk), North Dakota, Ohio, Oklahoma (except ico, North Dakota, Oklahoma, South Dakota, and Texas; from points in Garfield County, Okla., from New Orleans, La., to Oklahoma to points in Alabama, Florida, Geor­ City, Okla., and its commercial zone as Frozen pies and frozen bakery goods, from the plantsite of Bama Pie, Inc., gia, Kentucky, Michigan, Mississippi. defined by the Commission and certain North Carolina, South Carolina, ana specified points in Oklahoma), Oregon, at Tulsa, Okla., to points in the United States, except Hawaii and Alaska; frozen Tennessee * South Carolina, South Dakota, Tennes­ Waxes, petroleum and petroleum Prod­ potatoes and frozen potato products, see, Texas, Utah, Virginia, Washington, ucts (except in bulk, in tank vehicles!, West Virginia, Wisconsin, Wyoming, and from certain specified points in Minne­ sota, Fargo, N. Dak., and Sioux City, from Smiths Bluff, Tex., to points in the District of Columbia; prepared food­ Kentucky, Mississippi, and Tennessee, Iowa, to points in Alabama, Louisiana, stuffs, in vehicles equipped with mechan­ waxes, petrochemicals, petroleum a ical refrigeration, from the plantsite of Mississippi, Oklahoma, Tennessee, and petroleum products (excluding commoa- Texas; -frozen fruit juices and frozen the Pillsbury Co., at or near Denison, ties in bulk, in tank vehicles), h Tex., to Mobile, Ala., Pensacola, Fla., fruit concentrates, in mixed loads with canned citrus products, from Bartow, points in Tulsa and Rogers Counties. and to points in Arkansas, Louisiana, Okla., to points in Alabama (exc p and Mississippi; from the plantsite and Fla., and points within 50 miles of Bar­ tow, to points in Arkansas, Iowa, Kansas, B irmingham), Florida, Georgia (excJL warehouse facilities of The Pillsbury Co. Atlanta), Mississippi, and Tennessc Missouri, Nebraska (except Omaha and at New Albany, Ind., and Louisville, Ky., (except Memphis and Nashville); soa to points in Alabama, Arkansas, Florida, Lincoln), and Oklahoma; frozen fruit hypochlorite solution, in containers, ir Georgia, Illinois, Indiana, Iowa, Ken­ juices, frozen fruit concentrates, and Atlanta, Ga., to points in Alabama, PW* tucky, Michigan, Minnesota, Mississippi, canned citrus products, restricted to the in those parts of Kentucky and Tenn Missouri, Montana, Nebraska, North transportation of mixed loads of frozen see west of U.S. Highway 431, points

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18359

that part of Louisiana east of the Missis­ Uncooked bakery products, in vehicles route points of Buchanan, Mich., and the sippi River, and points in that part of equipped with mechanical refrigeration, site of the Upjohn Co. plant, located ap­ Arkansas, on and east of a . line begin­ from Denison, Tex., to points in Colo­ proximately 4*4 miles southeast of Kala­ ning at the Arkansas-Missouri State line rado, Kansas, Missouri, Nebraska, Okla­ mazoo, and those off-route points in the near Corning, Ark., and extending south­ homa, and Tennessee, with restriction; Chicago, HI., commercial zone as defined westerly along U.S. Highway 67 to junc­ meats, from the plantsite and storage fa ­ by the Commission, between Muskegon, tion U.S. Highway 65, thence along U.S. cilities of Wilson and Co., near Hereford, Mich., and Detroit, Mich., and all inter­ Highway 65 southeasterly to the Arkan- Tex., to points in Alabama, Georgia, mediate points, with service at inter­ sas-Louisiana State line near Readland, Kentucky, North Carolina, South Caro­ mediate points restricted against traffic Ark. (except Little Rock, Ark., and points lina, and Tennessee (except Memphis), originating at Battle Creek, Mich., or in its commercial zone as defined by the with restriction; foodstuffs, from the points east thereof destined to points Commission), from Houston, Tex., to plantsites and warehouse facilities of east of Battle Creek; and off-route points points in Louisiana; candy and confec­ Kraft Foods Division of Kraftco Corp., within 5 miles of Ann Arbor, Mich., those tionery products, except in bulk, advertis­ at Garland and Dallas, Tex., to points in within 4 miles of Jackson, Mich., those ing materials and premium merchandise, Louisiana and Mississippi, with restric­ in the Detroit, Mich., commercial zone, moving in mixed loads with candy and tion; glass containers and accessories for as defined by the Commission, the site of confectionery products, except commodi­ glass containers, from Palestine, Tex., to the Packard Motor Car Co., north of ties in bulk, and materials and supplies Tulsa, Okla.; flour, from points in Michi­ Utica, Mich., and the site of the Chrysler Used in the manufacture, sale and/or gan to points in Oklahoma. LEASE Corp., approximately 8 miles north Of distribution of candy and confectionery PLAN FLEET CORP. holds no authority Detroit, unrestricted; between Grand products, except commodities in bulk, from this Commission. However, its Rapids, Mich., and Detroit, Mich., and between the plantsites and storage facil­ controlling stockholders controls NA­ the intermediate and off-route points in ities of the Reed Candy Co., located at or TIONAL TRAILER CONVEY, INC., 1925 the Detroit, Mich., commercial zone as near Campbellsville, Ky.', on the one National Plaza, Tulsa, OK 74151, which defined by the Commission, the off-route hand, and, on the other, points in Ala­ is authorized to operate as a common points of the site of the Packard Motor bama, Arizona, Arkansas, California, carrier in all States in the United States Car Co. plant, north of Utica, Mich., and Colorado, Florida, Illinois, Iowa, Kansas, (except Alaska and Hawaii), NORTH the site of , the Chrysler Corp. plant, ap­ Louisiana, Michigan (with exception), AMERICAN VAN LINES, INC., Lincoln proximately 8 miles north of Detroit; Minnesota, Mississippi, Missouri, Mon­ Highway, East and Meyer Road, Fort between Zeeland, Mich., and junction of tana, Nebraska, Nevada, New Mexico, Wayne, IN 46801, which is authorized to 96th Avenue, and Michigan Highway 50, North Dakota, Ohio (except Cincinnati operate as a common carrier in all States serving the intermediate point of Bor- and Dayton), Oklahoma, Oregon, South in the United States (except Alaska and culo, Mich.; Dakota, Tennessee (except Memphis and Hawaii), RELAY TRANSPORT, INC., General commodities, excepting among Knoxville), Texas, Utah, Virginia, Wash­ 400 Tiffany Street, Bronx, N Y 10474, others, classes A and B explosives, house­ ington, Wisconsin, and Wyoming, with which is authorized to . operate as a hold goods and commodities in bulk, be­ restriction; common carrier in all States in the tween Chicago, HI., and St. Louis, Mo., New furniture and furniture parts, in United States (except Alaska and Ha­ serving the intermediate point of East boxes and packages, between Toccoa, waii) and WHITEHOUSE TRUCKING, St. Louis, HI., and the intermediate and Ga., Selma, Ala., and Trumann, Ark., be­ INC., 1925 National Plaza, Tulsa, OK off-route points in the Chicago, HI., tween Toccoa, Ga., Selma, Ala., and 74151, which is authorized to operate as commercial zone, as defined by the Com­ Trumann, Ark., to points in Alabama, a common carrier in all States in the mission in 1 M.C.C. 673, in the trans­ Arkansas, Colorado, Florida, Georgia, United States (except Alaska and portation of general commodities, except Illinois, Indiana, Iowa, Kansas, Ken­ Hawaii). Application has been filed for those of unusual value, classes A and B tucky, Louisiana, Michigan, Minnesota, temporary authority under section explosives, household goods as defined by Mississippi, Missouri, Nebraska,- New 210a(b). the Commission, commodities in bulk, Mexico, North Dakota, Ohio, Okla­ No. MC-F-11030. Authority sought for and those requiring special equipment, homa, South Carolina, South Dakota, control by CENTRAL TRANSPORT, from Chicago over U.S. Highway 66 to Tennessee, Texas, Wisconsin, and those INC., 3399 East McNichols Road, Detroit, junction city U.S. Highway 66, and parts of Virginia and North Caro­ MI 48212, of MICHIGAN EXPRESS, thence over city U.S. Highway 66 to St. lina on and east of a line begin­ INC., 1122 Freman Avenue SW., Grand Louis, between Rock Island, HI., and ning at the Maryland-Virginia State Rapids, M I 49502, and for acquisition by Chicago, 111., serving all intermediate line and extending along U.S. High­ T. J. MOROUN and M. J. MOROUN, points, and the off-route points of Rock way 220 to junction U.S. Highway both also of 3399 East McNichols Road, Falls, HI., those in the Chicago, HI., com­ 74 to Rockingham, N.C., thence along Detroit, M I 48212, of control of MICHI­ mercial zone as defined by the Commis­ U.S. Highway 74 to Rockingham, and GAN EXPRESS, INC., through the ac­ sion in 1 M.C.C. 673, and those in the thence along U.S. Highway 1 to the quisition by CENTRAL TRANSPORT, Daveport-Rock Island and Moline com­ North Carolina-South Carolina State INC. Applicants’ attorneys and repre­ mercial zone as defined by the Commis­ line; fresh fruits and vegetables, when sentatives: Jack Goodman, 39 South La sion in 41 M.C.C. 557, between Dixon, HI., moving in mixed loads with bananas Salle Street, Chicago, IL 60603, Conrad and La Salle, HI., serving all intermediate (presently authorized), from Gulfport, E. Thornquist, 1 Vandenberg Center, points and the off-route point of Peru, Miss., to points in Alabama (except Grand Rapids, M I 49502, and Robert W. HI., between Aurora, HI., and junction Montgomery), Arizona, Arkansas, Cali­ Sawdey, 635 Old Kent Building, Grand U.S. Highways 52 and 30, serving no fornia, Colorado, Florida (except Pen­ Rapids, M I 49502. Operating rights intermediate points, between junction sacola), Georgia (except Atlanta and sought to bg controlled: General com­ U.S. Highways 30 and 52 at or near Lee points within 15 miles of Atlanta), Idaho, modities, except those of unusual value, Center, HI., and junction U.S. Highway 30 Illinois, Indiana, Iowa, Kansas, Ken- classes A and B explosives, household and Illinois Highway 2 at Rock Falls, 111., tucky, Louisiana, Michigan, Minnesota, goods as defined by the Commission, serving the intermediate point of Rock Mississippi, Missouri, Montana, Ne- commodities in bulk (not including metal Falls, 111., over numerous alternate oraska, New Mexico, North Carolina, products and scrap metals in bulk) and routes for operating convenience only; <5 Dak°t&> Ohio, Oklahoma, Oregon, those requiring special equipment, as a General commodities, excepting among toouth Carolina, South Dakota, Tennes- common carrier over regular routes, be­ others classes A and B explosives, house­ Texas, Utah, Virginia, Washington, tween Grand Rapids, Mich., and Muske­ hold goods and commodities in bulk over Vlrgmia, Wisconsin, and Wyoming; gon, Mich., between Holland, Mich., and irregular routes, between points in the f°odstuffs, other than frozen, Agnew, Mich., serving all intermediate St. Louis, Mo.-East St. Louis, HI. com­ nf tv, ,p^antsite and storage facilities points, between Chicago, HI., and Mar­ oi the Pillsbury Co., at Denison, Tex., to shall, Tekonsha, and Grand Rapids, mercial zone, as defined by the Com­ f pecified P°ints in Alabama, and Mich., and all intermediate points, those mission in 2 M.C.C. 285 new furniture, ComSi m J 3scambia and Santa Rosa intermediate and off-route points within uncrated, from certain specified points in ounties, Fla., except Pensacola, Fla.; 2 miles of Kalamazoo, Mich., the off- Michigan, to points in Oklahoma, Texas,

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18360 NOTICES

Arkansas, Louisiana, Mississippi, Ala­ points in Michigan, to Buffalo and New in Massachusetts, Rhode Island, that bama, Tennessee, Georgia, Florida, South York, N.Y.; canned milk, from Defiance, part of Maine south of Maine Highway Carolina, North Carolina, Virginia, Ver­ Ohio, to Grand Rapids and Muskegon, 25, that part of New Hampshire south mont, and Maine, with restriction; Mich.; . of a line beginning at Portsmouth, N.H., from certain specified points in Michigan, Household goods as defined by the and extending in a southwesterly direc­ to points in North Dakota, South Dakota, Commission, between Grand Rapids, tion through Epping, N.H., to Manches­ Kansas, Montana, Wyoming, Colorado, Mich., on the one hand, and, on the ter, N.H., and thence in a northwesterly New Mexico, Idaho, Utah, Arizona, other, points in Illinois, Indiana, Ohio, direction through Walpole, N.H., to the Nevada, Washington, Oregon, and Cali­ and Wisconsin; drugs, between Grand Connecticut River, and those in Con­ fornia, from Winchester, Va., to points Rapids, Mich., on the one hand, and, necticut east of Connecticut Highway 32, in Pennsylvania, New York, Ohio, Wis­ on the other, Baltimore, Md., and points including points on the indicated por­ consin, Minnesota, Michigan, Illinois, in Ohio, from Grand Rapids, to Rich­ tions of the highways specified, and the and Indiana; new store fixtures, un­ mond, Ind.; forgings and steel, between points named; crated, from Grand Rapids to points in certain specified points in Michigan, and Wool, wool products, cotton, cotton North Dakota, South Dakota, Kansas, points within 8 miles of each, on the one products, mohair, rayon, and textile mill Montana, Wyoming, Colorado, New hand, and, on the other, certain specified used or useful Mexico, Idaho, Utah, Arizona, Nevada, supplies and equipment, points in Ohio; metal and metal prod­ in the manufacture of such products, Washington, Oregon, and California, ucts, from Toledo, Ohio, to certain speci­ from Grand Rapids to points in Okla­ between certain specified points in Rhode fied points in Michigan; iron and steel Island, Wauregan, Conn., Nashua, N.H., homa, Texas, Arkansas, Louisiana, mill products (not requiring special and points in that part of Massachusetts Mississippi, Alabama, Tennessee, Geor­ equipment because of size or weight), on and east of U.S. Highway 5, on the gia, South Carolina, North Carolina, and from Apollo, Pa., to certain specified Virginia; locomotive seats, railway car one hand, and, on the other, points in points in Michigan; forgings and cast­ Massachusetts, Rhode Island, New seats, motor vehicle seats, boat seats, ings, from South Haven, Mich., to Can­ airplane seats, and other vehicles seats, Hampshire, that part of Connecticut on ton, Ohio; food and beverage dispensing and east of Connecticut Highway 8, and and parts and accessories thereof, un­ and vending machines, uncrated, and crated, from Grand Rapids, Mich., to those in Maine south of a line beginning cabinets, parts, and accessories, for such at the Atlantic Ocean, 5 miles north of points in Alabama and Washington; machines when moving in the same vehi­ veneer and plywood, from Lowville, N.Y., Cutler, Maine, and extending in a west­ cle with the machine to which they are erly direction through Machias, Ban­ to Grand Rapids, Mich., traversing to be attached or made an integral part, Pennsylvania, Ohio, and Indiana for gor, and Wilson Mills, to the Maine-New from Traverse City, Mich., to points in Hampshire State line; heavy machinery, operating convenience only; airplane the United States (except those in seat assemblies, and parts thereof, be­ machine parts, and such commodities, Maine, Vermont, New Hampshire, North requiring specialized handling or rig­ tween Grand Rapids, Mich., on the one Dakota, South Dakota, Nebraska, Wyo­ hand, and, on the other, Farmingdale ging because of size or weight, between ming, Montana, Idaho, Washington, and Boston, Mass., and points in Massachu­ and Port Washington, N.Y.; springs, Oregon); new furniture, from Grand from Royersford, Pa., to Grand Rapids, Rapids, Mich., to points in Connecticut, setts within 25 miles of Boston, on the Mich.; > Delaware, New Hampshire, and Rhode one hand, and, on the other, points in Massachusetts, New Hampshire, Rhode Veneer, from Chestertown, N.Y., to Island; and new furniture (uncrated), Island, Connecticut, and that part of Grand Rapids, Mich.; seats, motor vehi­ from Grand Rapids, Mich., to points in Maine south of a line beginning at the cle and car, from Grand Rapids, Mich., Missouri; over numerous alternate Atlantic Ocean, 5 miles north of Cutler, to St. Louis, Mo., and points in Illinois, routes for operating convenience only. Maine, and extending in a westerly di­ Indiana, Maryland, Massachusetts, Min­ Vendee is authorized to operate as a rection through Machias, Bangor, and nesota, New Jersey, New York, Ohio, common carrier in Michigan. Application Pennsylvania, West Virginia, Wisconsin, has been filed for temporary authority. Wilsons Mills, to the Maine-New Hamp­ shire State line, between points in Maine, and the District of Columbia; new fur­ No. MC-F-11032. Authority sought for between points in Vermont. Vendee is niture and stone furniture tops, between purchase of BLUE LINE EXPRESS, Adrian, Mich., and McDermott, Ohio, authorized to operate as a common car­ INC., 260 D. W. Highway, Nashua, NH rier in Massachusetts, Rhode Island, New from Adrian, Mich., and McDermott, 03060, of the operating rights and prop­ Ohio, to points in Connecticut, Delaware, York, New Hampshire, Vermont, and erty of R. S. BRINE TRANSPORTA­ New Jersey. Application has been filed Illinois, Indiana, Iowa, Kentucky, Maine, TIO N CO., 194 West First Street, South Maryland Massachusetts, Minnesota, for temporary authority under section Boston, MA 02127, and for acquisition 210a(b). Missouri, New Hampshire, New Jersey, by DANA L. CLARK, also of Nashua, New York, Ohio, Pennsylvania, Rhode N.H., of control of such rights and prop­ By the Commission. Island, Tennessee, Vermont, Virginia, erty through the purchase. Applicants’ [ s e a l ] R o b e r t L. O s w a l d , West Virginia, Wisconsin, and the Dis­ attorney and representative: Mary Kel­ Secretary. trict of Columbia; new furniture, from ley, 11 Riverside Avenue, Medford, MA Grand Rapids, Mich., to points in Illinois, 02155 and Morris Fulman, 6 Pleasant [F.R. Doc.. 70-16154; Filed, Dec. 1, 1970; Indiana, Maryland, Massachusetts, Min­ Street, Malden, MA 02148. Operating 8:50 a.m .] nesota, New Jersey, New York, Ohio, rights sought to be transferred: General Pennsylvania, West Virginia, Wisconsin, commodities, except those requiring spe­ [Notice 619] and the District of Columbia; lubricat­ cial equipment, and except household * ing oil, from Bedford, Ohio, to certain goods as defined in Practices of Motor MOTOR CARRIER TRANSFER specified points in Michigan; cash reg­ Common Carriers of Household Goods, PROCEEDINGS isters, from certain specified points in 17 M.C.C. 467, as a common carrier, over N o v e m b e r 25, 1970. Michigan, to Dayton, Ohio; glass bottles, regular routes between Boston, Mass., from Gas City and Marion, Ind., to and Madison, Maine; general commodi­ Synopses of orders entered pursuant Grand Rapids, Mich.; soap and soap ma­ ties, except those of unusual value, and to section 212(b) of the Interstate Com­ merce Act, and rules and regulations terials, from New York and Elmhurst, except dangerous explosives7 household N.Y., to points in Pennsylvania and Ohio goods as defined in Practices of Motor prescribed thereunder (49 CFR Part On and north of U.S. Highways 30 and Common Carriers of Household Goods, 1132), appear below: 30S; groceries and food products, from 17 M.C.C. 467, commodities in bulk, com­ As provided in the Commission’s sp^j New York, N.Y. Philadelphia, Pa., and modities requiring special equipment, cial rules of practice any interestea Jersey City, N.J., to Chicago, HI., and and those injurious or contaminating to person may file a petition seeking recon­ sideration of the following num berea points in Pennsylvania and Ohio on and other lading, over irregular routes be­ proceedings within 20 days from the date north of U 5. Highways 30 and 30S, from tween Boston, Mass., and points in Mas­ o f publication of this notice. Pursuan New York, N.Y., to points in Michigan; sachusetts within 25 miles of Boston, on to section 17(8) of the Interstate Cmu- dairy products, from certain specified the one hand, and, on the other, points merce Act, the filing of such a petitio

FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 NOTICES 18361 will postpone the effective date of the approved the transfer to Metal Trans­ nection with transfer application under order in that proceeding pending its dis­ port, Inc., Huntington Park, Calif., of the section 212(b) and Transfer Rules, 49 position. The matters relied upon by peti­ certificate and the certificate of registra­ CFR Part 1132: tioners must be specified in their tion in Nos. MC 123097 and MC 123097 No. MC-FC-72520. By application filed petitions with particularity. (Sub-No. 2) issued January 19,1961, and November 23, 1970, A. A. MARTIN No. MC-FC-72405. By order of Novem­ September 24, 1964, to Budco Trucking TRANSPORTATION CO., INC., 19 Fair ber 23, 1970, the Motor Carrier Board Co., Inc., doing business as Harbor Tiger Oaks Road, Dedham, M A 02026, seeks approved the transfer to Charles Beil & Lines, Los Angeles, Calif., authorizing temporary authority to lease the oper­ Sons, Inc., Millstadt, 111., of the operat­ the transportation of mechanics hand ating rights of R. S. BRINE TRANS­ ing rights in certificate No. MC-44101, tools, steel tool boxes, steel storage cabi- PORTATION CO., 194 West First Street, issued March 27, 1941, to Fred Ziska, riets, store display boards, brass valves, South Boston, MA, under section 210a doing business as Fred Ziska Coal & and other specified commodities, from (b). The transfer to A. A. MARTIN Hauling Co., Belleville, HI., authorizing Los Angeles, Calif., to Wilmington, Calif., TRANSPORTATION CO., INC., of the the transportation of coal, from points flower holders and dried fruits, from operating rights of R. S. BRINE TRANS­ in St. Clair and Madison Counties, 111., Pasadena, Calif., to Wilmington, Calif., PORTATION CO. is presently pending. to St. Louis, Mo.; and sand, gravel, and gas pressure regulators, from Alhambra, crushed stone, from St. Louis, Mo., to Calif., to Wilmington, Calif., jacks or jack By the Commission. screws, not wheeled, from Burbank, points in the above-specified Illinois [ s e a l ] R o b e r t L. O s w a l d , counties. Robert Cummings, 6400 West Calif., to Wilmington, Calif., auto parts, Secretary. Main Street, Suite 1-J, Belleville, IL from Wilmington, Calif., to Los Angeles, 62223, attorney for transferor, Melvin N. Calif., and numerous specified commodi­ [F.R. Doc. 70-16156; Filed, Dec. 1, 1970; Routman, 306-308 Reisch Building, ties between all points and places in the 8:50 a.m.] Springfield, IL 62701, attorney for trans­ Los Angeles Territory as described in De­ feree. cision No. 56714 dated May 20, 1958, No. MC-FC-72469. By order of Novem­ transferred in Decision No. 60218 dated FOURTH SECTION APPLICATION ber 24, 1970, the Motor Carrier Board June 6,1960, issued by the Public Utilities FOR RELIEF approved the transfer to Macoit Cartage Commission of California. William Co„ a Michigan corporation, Detroit, Davidson, Post Office Box 58381, Vernon, N ovember 25, 1970. Mich., of the operating rights in permits CA 90058, representative for applicants. Protests to the granting of an ap­ No. MC-96476 and MC-96476 (Sub-No. No. MC-FC-72498. By order of Novem­ plication must be prepared in accord­ 1) issued April 21, 1949 and March 3, ber 23, 1970, the Motor Carrier Board ance with Rule 1100.40 of the general 1953, respectively, to Donald R. Macoit, approved the transfer to Torrey Delivery, rules of practice (49 CFR 1100.40) and doing business as Macoit Cartage, Inc., Dunkirk, N.Y., of Certificate of Reg­ filed within 15 days from the date of Detroit, Mich., authorizing the trans­ istration No. MC 9580 (Sub-No. 2) issued publication of this notice in the F e d e r a l portation of specified commodities be­ to L. A. D. Truck Lines, Inc., Lancaster, R e g is t e r . tween Detroit, Mich., on the one hand, N.Y., evidencing a right to engage in in­ and, on the other, specified points and terstate or foreign commerce, in the L o n g - a n d -S h o r t H a u l areas in Michigan. Allen J. Counard; transportation of general commodities, FSA No. 42084—Chlorine from Acme, 17663 West 10 Mile Road, Southfield, M I between specified points in New York. N.C. Filed by O. W. South, Jr., agent 48075, attorney for applicants. Herbert M. Cantor, 345 South Warden (No. A6209), for and on behalf of the No. MC-FC-72491. By order of Novem­ Street, Syracuse, N Y 13202, attorney Seaboard Coast Line Railroad Co. Rates ber 23, 1970, the Motor Carrier Board for transferee. on chlorine in tank carloads, as de­ approved the transfer to M.G.L. Freight scribed in the application, from Acme, Co., a corporation, Denver, Colo., of the [ s e a l ] R o b e r t L. O s w a l d , N.C., to Suffolk, Va. operating rights in certificate No. MC- Secretary. Grounds for relief—Market competi­ 44748 issued January 29, 1970, to Circle [F.R. Doc. 70-16155; Filed, Dec. 1, 1970; Cartage Co., a corporation, Kansas City, 8:50 a.m.] tion. Mo., authorizing the transportation of Tariff—Supplement 195 to Southern general commodities, with the usual ex­ Freight Association, agent, tariff ICC ceptions, between Kansas City and North [N otice No. 620] S-517. Kansas City, Mo., and Kansas City, Kans., and points within 10 miles of the MOTOR CARRIER TRANSFER By the Commission. points named. Tom B. Kretsinger, 450 PROCEEDINGS Professional Building, Kansas City, MO [ s e a l ] R o b e r t L . O s w a l d , 64106, attorney for applicants. N ovember 27, 1970. Secretary. No. MC-FC-72493. By order of Novem­ Application filed for temporary au­ [F.R. Doc. 70-16157; Filed, Dec. 1, 1970; ber 23, 1970, the Motor Carrier Board thority under section 210a(b) In con­ 8:50 a.m .]

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FEDERAL REGISTER, VOL. 35, NO. 233— WEDNESDAY, DECEMBER 2, 1970 18362 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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

1 CFR Page 15 CFR— Continued Page 30 CFR Page

P r o p o s e d R u l e s : 376______503 ______18317 18274 16______—______18297 386 ______:______18317 387 ____ — 18317 32 CFR 5 CFR 18 CFR 67r;______—______—- 18277 213______18322 68_*______18277 P r o p o s e d R u l e s : 88______- ______18277 7 CFR 3______— 18324 244______—______18277 32______18324 269______18277 51______18257 274______18277 18261 3 3 „ ______18324 971—______34 ______18324 1480______- ______18279 1425______18261 35 ______183241712______— ____18313 P r o p o s e d R u l e s 36——______„ „ ____ 18324 730______18286 45____ 18324 32A CFR 1120______18287 159______18324 BDC (Ch. V I) : 1121______18287 BDC Notice 3______-______18279 1126______18287 19 CFR 1127—_____ 18287 1128______18287 6______38 18265 CFR 1129— 18287 8______18265 3______18280 1130______18287 10 ______18265 11 ______:_____ 18265 42 CFR 12 ______18265 9 CFR P r o p o s e d R u l e s : 18______18265 76______18262, 18313 21______1826581____1______18292,18293 204______18262 23______- ______18265 25______1826546 CFR 12 CFR 171 ______18265310— ______18264 329______18314 172 ______18267 P r o p o s e d R u l e s : 49 CFR 14 CFR 4—______7 ______18284 18318 73______18274 6______18284171______18276 97______18314 8______18284 1033______:______18318,18319 207______18274 15— ______—_ 18284 18— ______P r 18284o p o s e d R u l e s : 15 CFR 123______—_ 18284 174^______18323 177 ______18323 368 ______18315 571————— —_____- 18295,18297 369 ______-______18316 21 CFR 370 ______18316 121______18269 372 ______18316 146a______50 18270 CFR 373 ______18316 146b______18272 17 _ 18319

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