FEDERAL REGISTER V O L U M E 34 • N U M B E R 178 Wednesday, September 17,1969 • Washington, D.C

FEDERAL REGISTER V O L U M E 34 • N U M B E R 178 Wednesday, September 17,1969 • Washington, D.C. Pages 14455-14506

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interagency Textile Administrative Committee Interstate Commerce Commission National Park Service ¡Securities and Exchange Commission Veterans Administration Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1969]

This useful reference tool is designed them, and (3) how long they must be to keep businessmen and the general kept. Each digest carries a reference to public informed concerning the many the full text of the basic law or regulation published requirements in Federal laws providing for such retention. and regulations relating to record retention. The booklet’s index, numbering over 2,000 items, lists for ready reference The 86-page “Guide” contains over 900 the categories of persons, companies, digests which tell the user (1) what type and products affected by Federal records must be kept, (2) who must keep record retention requirements.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALMREGISTER Archives and Records Service, General Services Administration, Washington, D.O. 20408, Area Code 202 ...... r Phone 962-8626 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. The 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 op F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or. the Code op F ederal R egulations. C o n t e n t s

Representatives of Administra­ FEDERAL RESERVE SYSTEM THE PRESIDENT tor; issuance of experimental certificates by designated manu­ Notices PROCLAMATION facturing inspection representa­ Applications for approval of ac­ National Forest Products Week, tives; correction______14464 quisition of shares of banks: 1969 ______14459 Restricted area; alteration------14462 Broward Bancshares, Inc------14487 Restricted areas; alteration and Dominion Bankshares Corp— 14488 EXECUTIVE AGENCIES revocation______14463 OTC Margin Stock; changes in Transition area; designation----- 14462 lis t______14488 AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE Proposed Rule Making FEDERAL TRADE COMMISSION Rules and Regulations Additional control area and re­ Rules and Regulations porting point; proposed desig­ Peanuts; county normal yield de­ nation; withdrawal of notice of Administrative opinions' and terminations; correction------14461 proposed rule making------14478 rulings: AGRICULTURE DEPARTMENT Federal airways etc.; proposed Disclosure of origin of imported alteration, revocation and des­ plastic vinegar bottles— _— 14467 See Agricultural Stabilization and ignation ------14479 Tripartite promotional assist­ Conservation Service; Consumer Transition area; proposed altera­ ance plan______14467 and Marketing Service. tion ____ -jt.------14477 Prohibited trade practices: Chemetron Corp______14464 CIVIL AERONAUTICS BOARD FEDERAL COMMUNICATIONS Clairol, Inc______14464 Proposed Rule Making Knoll Associates, Inc______14465 COMMISSION New Home Sewing Center et al_ 14465 Redefinition of “operations, Thermochemical Products, Inc., domestic” and other revisions Rules and Regulations et al— ______14466 with respect to entity reporting- 14479 Grants without hearing of au­ Notices thorizations other than licenses FISH AND WILDLIFE SERVICE International Air Transport Asso­ pursuant to ' construction per­ Rules and Regulations ciation; agreement relating to mits ------14469 fa r e s ______14482 Hunting on certain w ild life Interim basic land transporta­ refuges: tion industries communications CONSUMER AND MARKETING Alaska ______14471 emergency plan; approval------14470 A rkansas______14472 SERVICE Television broadcast stations; Es- K a n sa s______14471 therville and Fort Dodge, Iowa; Minnesota (2 documents)______14472 Rules and Regulations table of assignments______14469 Tobacco inspection; scope of North Dakota______14473 hearing and burden of proof— 14461 Notices U ta h ______14472 Proposed Rule Making Hearings, etc.: Proposed Rule Making Milk in Massachusetts-Rhode Kaysbier, Fred and Sierra Bear Lake National W ild life Island-New Hampshire and Blanca Broadcasting Co. Refuge, Idaho; hunting and Connecticut marketing areas— 14475 CKRRR) ______— ____ 14482 fishing ______14474 Raisins produced from grapes Manatee Cablevision, Inc------14484 grown in California (2 docu­ FOOD AND DRUG ments) ______:----- 14474 FEDERAL MARITIME ADMINISTRATION CUSTOMS BUREAU COMMISSION Rules and Regulations Food additives; surface lubricants Rules and Regulations Notices used in manufacture of metallic Vessels in foreign and domestic Agreements filed for approval: articles ______14467 trades; coastwise transporta­ Australia/U.S. Atlantic & Gulf Proposed Rule Making tion ------14467 Conference ____*______14487 Fish and seafood products; frozen FEDERAL AVIATION Transatlantic Freight Confer­ raw breaded shrimp______14476 ADMINISTRATION ence ______14487 Notices Terminal lease and use agree­ Rules and Regulations Petitions regarding food additives: ments for passenger facilities at American Cyanamid Co______14482 Additional control area; designa­ New York; order of investiga­ Grace, W. R., Co______14482 tion ______14462 tio n ______— 14485 Yawata Iron & Steel Co., Ltd__ 14482 Chief pilots; deviation from qualifications requirements----- 14463 HEALTH, EDUCATION, AND Federal airway; alteration------14461 FEDERAL POWER COMMISSION Federal airway segment and Notices WELFARE DEPARTMENT reporting point; alteration and Hearings, etc.: See Food and Drug Administra­ revocation ___------x 14461 tion. Humble Oil & Refining Co. et al_ 14489 Jet advisory areas; alteration—__ 14463 (Continued on next page) Jet route; extension-______-14462 Shell Oil Co. et al— ______14495 14457 14458 CONTENTS

INTERAGENCY TEXTILE INTERSTATE COMMERCE TRANSPORTATION DEPARTMENT ADMINISTRATIVE COMMITTEE COMMISSION See Federal Aviation Administra­ Notices Notices tion. Certain cotton textiles and cotton Fourth section application for TREASURY DEPARTMENT textile products produced or relief______14497 manufactured in Mexico; entry Motor carrier: See Customs Bureau. or withdrawal from warehouse Alternate route d eviation for consumption.______14488 n o tice s______- 14497 VETERANS ADMINISTRATION Applications and certain other INTERIOR DEPARTMENT proceedings------—— 14500 Rules and Regulations See Pish and Wildlife Service; Temporary authority applica­ Vocational rehabilitation and ed­ National Park Service. tions ______14503 ucation; subsistance allowance. 14468 Transfer proceedings—------14504 Switching rates in Chicago switch­ ing district______14497 NATIONAL PARK SERVICE Rules and Regulations Arkansas Post National Memorial, Ark.; boating______—------14468 Grand Teton National Park, Wyo. ; oversnow vehicles, mountain climbing and winter touring.— 14468 SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Capitol Holding Corp___------14488 Tels tar, Inc______—------14489

List of CFR Parts Affected

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

3 CFR P roposed R u les: 36 CFR 71 (3 documents).. _. 14477-14479 P roclamation: 7 (2 documents)______14468 75. — ______14479 3932______14459 241— ______14479 38 CFR 7 CFR 1 6 CFR 21_____ ...... 14468 29______— 14461 13 (5 documents)..—. 14464-14466 729______14461 15 (2 documents)------______.= 14467 47 CFR P roposed R u les: 989 (2 documents) 14474 1 9 CFR 1 14469 73_____ i ______14469 1001______14475 4— ——X u — .______14467 1015______14475 93— — ...... 14470 21 CFR 14 CFR 121— ______— — ...... 14467 50 CFR 71 (5 documents) 14461, 14462 P roposed R u les: 32 (7 documents)______14471-14473 73 (2 documents) — 14462, 14463 ...... 14476 P roposed R u les: 75____ — ------___ — 14462 128a______14474 121______— ______14463 32 183______—. 14464 33. 14474 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3932 NATIONAL FOREST PRODUCTS WEEK, 1969 By the President of the United States of America A Proclamation From the time of the first settlers, the forests of America have been valued for their beauty and their usefulness. The beauty and majesty of the great American forests have given us incomparable benefits; the utility of the forests has given us shelter, furnishings, chemicals, papers, and a host of other products essential to our well-being and comfort. American forests grow on one-third of our entire country and provide us with over ten billion cubic feet of raw material every year. Equally important, they have yielded even more benefits in the form of water conservation, forage, and recreation for the additional betterment of life for all Americans. - The Congress, in order to re-emphasize the importance and heritage of our forest resources, has by a joint resolution of September 13,1960 (74 Stat. 898), designated the seven-day period beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the President to issue an annual proclamation calling for the observance of that week. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 19, 1969, as National Forest Products Week, with activities and ceremonies designed to direct public attention to the forest resources with which we have been so abundantly blessed and to the riches which they provide for our material and spiritual advantage. IN W ITNESS WHEREOF, I have hereunto set my hand this fifteenth day of September, in the year of our Lord nineteen hundred sixty-nine, and of the Independence of the United States of America the one hundred ninety-fourth.

[F.R. Doc. 69-11156; Filed, Sept 15, 1969 ; 4 : 47 p.m.]

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969

14461 Rules and Regulations

and* additional sales on designated county of Tulsa in Oklahoma is corrected Title 7— AGRICULTURE markets. to read “622”. (3) Under this amendment an appli­ Chapter I— Consumer and Marketing cant for a new market or an applicant Service (Standards, Inspection, and for an additional sale on a designated Marketing y Practices), Department market will no longer have the burden Title 14— AERONAUTICS AND of Agriculture of proving that it has firm commitments from an adequate set of buyers that they SPACE PART 29— TOBACCO INSPECTION will participate in a sale if inspection Subpart A— Policy Statement and and price support services are provided. Chapter I— Federal Aviation Adminis­ Regulations Governing ther Exten­ The amendment also provides that any tration, Department of Transportation determination that such services will be [Airspace Docket No. 69-EA-73] sion of Tobacco Inspection and provided may be reviewed and may be Price Support Services to New Mar­ vacated if it is subsequently' found that PART 71— DESIGNATION OF FEDERAL kets and to Additional Sales on the new market or the additional sale AIRWAYS, CONTROLLED AIRSPACE, Designated Markets in question is not functioning as a bona AND REPORTING POINTS fide auction sale or auction sale as de­ S cope of H earing and B urden of P roof fined in section 29.1(a) with an adequate Alteration of Federal Airway Segment Pursuant to the Tobacco Inspection set of buyers as defined in section and Revocation of Reporting Point Act (7 U.S.C. 511) and interpreting and 29.1(b). applying 7 U.S.C. 1421, 1423, it is hereby (4) It is hereby found that the On July 11, 1969, a notice of proposed found and determined that: requirement that the applicant show rule making was published in the F ed­ (a) Subpart A, the policy statement that it has firm commitments that an eral R egister (34 F.R. 11500) stating and regulations governing the extension adequate set of buyers will participate that the Federal Aviation Administration of tobacco inspection and price support in the sale before inspection and price was considering realigning VOR Federal services to new markets and to additional support services may be provided to a airway No. 167 segment between Hart­ sales on designated markets shall be new market or an additional sale on a ford, Conn., and Providence, R.I., and amended as follows: designated market is no longer necessary revoking the Sterling Intersection re­ in the interest of producers or in the porting point. § 29.2 [Amended] public interest. It is considered that the Interested persons were afforded an 1. Section 29.2(a)(1) is amended by interests of the producers and the public opportunity to participate in the pro­ placing a comma after the words “auc­ interest can be adequately protected posed rule making through the submis­ tion salé” and deleting the words “and under the provision in section 29.3(j) sion of comments. All comrpents received has firm commitments from an adequate which provides that such services may were favorable. set of buyers that they will participate in be vacated in the event it is determined In consideration of the foregoing, the sale if inspection and price support that a new market or additional sale on Part 71 of the Federal Aviation Regula­ services are provided”. a designated market is not functioning tions is amended effective 0901 G.m.t., 2. Section 29.3(e) is amended to read as a bona fide auction sale with an ade­ November 13, 1969, as hereinafter set as follows: quate set of buyers. forth. (Sec. 14, 49 Stat. 734, as amended; 7 U.S.C. 1. In § 71.123 (34 F.R. 4509) V-167 is § 29.3 Procedures for filing, hearing amended by deleting “Hartford 076°” and determination of applications. 511m. Interpret or apply secs. 401, 403, 63 Stat. 1054, as amended; 7 U.S.C. 1421, 1423) and su b stitu tin g “Hartford 081°” * * * * * therefor. (e) Scope of hearing and burden of Effective date: Dated September 10, 2. In § 71.203 (34 F.R. 4792) “Sterling proof. Each applicant shall have the bur­ 1969, to become effective September 10, INT” is revoked. den of presenting evidence relative to the 1969. J . P h il Campbell, (Sec. 307(a), Federal Aviation Act of 1958; factors specified in 29.2(a). 49 U.S.C., 1348; sec. 6 (c), Department of 3. The proviso in § 29.3(j) is amended Under Secretary. Transportation Act; 49 U.S.C. 1655(c)) by deleting the period after the word [F.R. Doc. 69-11141; Filed, Sept. 16, 1969; “false” and inserting the following: “or 8:50 a.m.] Issued in Washington, D.C., on Sep­ that the new market or additional sale tember 11, 1969. in question is not functioning as a bona H. B. H elstrom, fide auction sale or auction sale as de­ Chapter VII— Agricultural Stabiliza­ Chief, Airspace and Air fined in § 29.1(a) with an adequate set of tion and Conservation Service Traffic Rules Division. buyers as defined in § 29.1(b).” (Agricultural Adjustment), Depart­ [F.R. Doc. 69-11064; Filed, Sept. 16, 1969; (b) It is hereby found that it is ment of Agriculture 8:47 a.m.] impracticable, unnecessary, and con­ trary to the public interest to give pre­ SUBCHAPTER B— FARM MARKETING QUOTAS liminary notice, or engage in public rule AND ACREAGE ALLOTMENTS [Airspace Docket No. 69-WE-22] making procedure, and a good cause PART 729— PEANUTS exists for not postponing the effective PART 71— DESIGNATION OF FEDERAL date of this amendment until 30 days Subpart— 1969 Crop Peanuts: Acre­ AIRWAYS, CONTROLLED AIRSPACE, after publication in the F ederal R egister age Allotments and Marketing AND REPORTING POINTS (5 U.S.C. 553) in that: Quotas (1) Compliance with this amendment Alteration of Federal Airway will not require any special preparation County Normal Y ield Determinations On May 9, 1969, a notice of proposed on the part of those who will be affected Correction rule making was published in the F ed­ thereby. eral R egister (34 F.R. 7545) stating that (2) This amendment relieves restric­ In F.R. Doc. 69-10629, appearing at the Federal Aviation Administration was tions with regard to the application and page 14121 in the issue of Saturday, Sep­ considering an amendment to Part 71 determinations relating to new markets tember 6, 1969, the normal yield for the of the Federal Aviation Regulations

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14462 RULES AND REGULATIONS

(PARs) that would extend VOR Federal amended, effective 0901 G.m.t., Novem­ [Airspace Docket No. 69-AL-4] Airway No. 197 from Palmdale, Calif., ber 13, 1969, as hereinafter set forth. to Bakersfield, Calif. In § 71.163 (34 F.R. 4549) the following pa rt 71— DESIGNATION OF FEDERAL Interested persons were afforded an additional control area is added: AIRWAYS, CONTROLLED AIRSPACE, opportunity to participate in the pro­ B ozeman, Mont. AND REPORTING POINTS posed rule making through the submis­ From Bozeman, Mont., VOR, 10,700 MSL PART 75^-ESTABLISHMENT OF JET sion of comments. All comments received Livingston, Mont., VORTAC. were favorable. However, the Western ROUTES Region Department of Air Force Repre­ (Sec. 307(a) , Federal Aviation Act of 1958; 49 U.S.C. 1348; sec. 6 (c), Department of Extension of Jet Route sentative pointed out that the proposed Transportation Act; 49 U.S.C. 1655(c)) airway would traverse Edwards AFB low On August 21, 1969r F.R. Doc. No. level routes No. 6 and No. 7 and recom­ Issued in Washington, D.C., on Sep­ 69-9938, was published in the F ederal mended that a floor of 2,000 feet AGL tember 10,1969. R egister (34 F.R. 13467) and in part ex­ be established on the airway to provide H. B . Helstrom, tended Jet Route No. 125 to Chandalar separation between the airway traffic and Chief, Airspace and Air Lake, Alaska, RBN. This action is to be­ aircraft operating on the low level routes. Traffic Rules Division. come effective October. 16, 1969. The This segment of the proposed airway [F.R. Doc. 69-11067; Filed, Sept. 16, 1969; designator “RBN” was inadvertently traverses a transition area floored at 8:47 ajn.J omitted from the description of J-125. 700/1,200 feet AGL and is so depicted Corrective action is taken herein. on aeronautical charts. As only the lowest [Airspace Docket No. 69-SO-74] Since this amendment is corrective in floor of controlled airspace is depicted nature and no substantive change in the pa rt 71— DESIGNATION OF FEDERAL on charts, a 2,000 feet AGL floor for the regulation is affected, notice and public airway could not be identified on aero­ AIRWAYS, CONTROLLED AIRSPACE, procedure hereon are unnecesary, and nautical charts and would therefore AND REPORTING POINTS good cause exists for making this amend­ serve no useful purpose. However, a ment effective on less than 30 days notice, minimum enroute altitude of 6,000 feet Designation of Transition Area and for that reason, it may be made MSL will be established for this segment On July 25, 1969, a notice of proposed effective upon publication. In consideration of the foregoing, F.R. of the airway. Thus adequate separation ederal rule making was published in the F Doc. 69-9938 (34 F.R. 13467) is corrected will be provided between airway traffic R egister (34 F.R. 12291), stating that the and aircraft on the low level routes. upon publication as follows: Federal Aviation Administration was In Item 2.a. “to Chandalar Lake, In consideration of the foregoing, considering an amendment to Part 71 Alaska.” is deleted and “to Chandalar Part 71 of the FARs is amended, effective of the Federal Aviation Regulations that Lake, Alaska, RBN.” is substituted 0901 G.m.t., November 13, 1969, as here­ would designate the Starkville, Miss., therefor. inafter set forth. transition area. In § 71.123 (34 F.R., 4509) V-197 is Interested persons were afforded an (Sec, 307(a), Federal Aviation Act of 1958; 49 U.S.C. 1348; sec. 6 (c), Department of amended to read as follows: opportunity to participate in the rule Transportation Act; 49 U.S.C. 1655(c)) V-197 From Ontario, Calif.; Pomona, .making through the submission of com­ Calif.; Palmdale, Calif.; INT Palmdale 314° ments. All comments received were Issued in Washington, D. C., on Sep­ and Bakersfield, Calif., 137° radials; Bakers­ favorable. tember 10,1969. field. Subsequent to publication of the notice, H. B. Helstrom, (Sec. 307(a), Federal Aviation Act of 1958; the geographic coordinate (lat. 33°26'- Chief, Airspace and Air 49 U.S.C. 1348; sec. 6 (c), Department of 00" N., long. 88°50'45" W.) for George M. Traffic Rules Division. Transportation Act; 49 U.S.C. 1655(c)) Bryan Field was obtained from Coast [F.R. Doc. 69-11066; Filed, Sept. 16, 1969; Issued in Washington, D.C., on Sep­ and Geodetic Survey. It is necessary to 8:47 a.m.] tember 10, 1969. alter the description by appropriately in­ serting the geographic coordinate for the [Airspace Docket No. 69-WA-30] H. B. Helstrom, airport. Chief, Airspace and Air Since this amendment is editorial in PART 73— SPECIAL USE AIRSPACE Traffic Rules Division. nature, notice, and public procedure Alteration of Restricted Area [F.R. Doc. 69-11065; Filed, Sept. 16, 1969; hereon are unnecessary and action is 8:47 a.m.] taken herein to alter the description The purpose of this amendment to accordingly. Part 73 of the Federal Aviation Regula­ In consideration of the foregoing, Part tions is to reduce the size of the Savan­ [Airspace Docket No. 69-CE-58] 71 of the Federal Aviation Regulations is nah River Plant, S.C., Restricted Area PART 71— DESIGNATION OF FEDERAL amended, effective 0901 G.m.t., Novem­ R-6004. AIRWAYS, CONTROLLED AIRSPACE, ber 13, 1969, as hereinafter set forth. The U.S. Atomic Energy Commission In § 71.181 (34 F.R. 4637), the follow­ has concurred in the modification of the AND REPORTING POINTS ing transition area is added: boundaries of R-6004 which will permit Designation of Additional Control S tarkville, Mis s . realignment of the airways and Jet Route No. 75 in the vicinity of the re­ Area That airspace extending upward from 700 feet above the surface within a 6.5-mile stricted area to reduce the mileage on On August 1,1969, a notice of proposed radius of George M. Bryan Field (lat. 33°26' those segments. rule making was published in the F ederal 00” N„ long. 88°50'45” W .); within 9.5 miles Since this amendment will restore air­ R egister (34 F.R. 12596) stating that the north and 4.5 miles south of Columbus, space to the public use and is minor in Federal Aviation Administration was Miss. VORTAC 260* radial, extending from nature, notice and public procedure considering an amendment to Part 71 of 23 miles to 42 miles west of the VORTAC, ex­ hereon are unnecessary and for that rea­ the Federal Aviation Regulations that cluding the portion within Columbus, Miss, son this amendment may be made effec­ would designate an additional control transition area. tive in less than 30 days. area from Bozeman, Mont., direct to (Sec. 307(a), Federal Aviation Act of 1958, In consideration of the foregoing, Livingston, Mont. 49 U.S.C. 1348(a), sec. 6 (c), Department of Part 73 of the Federal Aviation Regula­ Interested persons were afforded an Transportation Act, 49 U.S.C. 1655(c)) tions is amended, effective upon publica­ opportunity to participate in the pro­ Issued in East Point, Ga., on Septem­ tion in the F ederal R egister, as herein­ posed rule making through the submis­ ber 8,1969. after set forth. In § 73.60 (34 F.R. 4846) R^-6004 Sa­ sion of comments. Ali comments received Gordon A. Williams, Jr., were favorable. vannah River Plant, S.C., is amended by Acting Director, Southern Region. deleting the present boundaries and sub­ In consideration of the foregoing, Part [Fja. Doc. 69-11048; Filed, Sept. 16, 1969; stituting therefor “Boundaries: Begin­ 71 of the Federal1 Aviation Regulations is 8:46 a.m.] ning at lat. 33°22'00" N., long. 81°43T5"

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14463

W.; to lat. 33°20'30" N., long. 81°27'40" [Airspace Docket No. 69—CB-57] published in the F ederal R egister on W.; to lat. 33°10'20" N., long. 81°29'05" May 1, 1969 (34 F.R. 7175). PART 75— ESTABLISHMENT OF JET The FAA has granted exemptions to W.; to lat. 33°05'50" N., long. 81°37'05" ROUTES W.; to lat. 33°09'35" N., long. 81°45'50" persons requesting approval to serve as W.; to lat. 33°16'25" N., long. 81°50'55" Alteration of Jet Advisory Areas chief pilot where it has been shown that W.; to the point of beginning.” these persons have sufficient aeronauti­ On August 1,1969, a notice of proposed cal and managerial experience to fulfill (Sec. 307(a), Federal Aviation Act of 1958; rule making was published in the F ederal the purpose of the regulation even 49 U.S.C. 1348; sec. 6(c), Department of R egister Transportation Act; 49 U.S.C. 1655(c)) (34 F.R. 12597) stating that though they did not have the pilot-in­ the Federal Aviation Administration was command experience required in § 121.61 Issued in Washington, D.C., on Sep­ considering amendments to Part 75 of (b)(2). This amendment implements tember 11,1969. the Federal Aviation Regulations that that policy in the form of a rule. H. B. Helstrom, would alter the nonradar jet advisory The Air Line Pilots Association (ALPA) Chief, Airspace and Air areas associated with Jet Route Nos. 32, commented that 3 years experience Traffic Rules Division. 36, 515, and 533. as pilot in command of a large aircraft [F.R. Doc. 69-11068; Filed, Sept. 16, 1969; Interested persons were afforded an with an air carrier or commercial opera­ 8:47 a.m.] opportunity to participate in the pro­ tor is a minimal requirement. However, posed rule making through the submis­ the ALPA recognized that the time factor sion of comments. All comments received is a small part of the total specification [ Airspacé Docket No. 69-PC-5] were favorable. imposed to assure a high level of super­ PART 73— SPECIAL USE AIRSPACE In consideration of the foregoing, Part visory management competence. While 75 of the Federal Aviation Regulations is the FAA recognizes that experience is an Alteration and Revocation of amended, effective 0901 G.m.t:, Novem­ important factor, it also recognizes that Restricted Areas ber 13, 1969, as hereinafter set forth. experience may be obtained in ways other In § 75.200 (34 F.R. 4872) the follow­ than those required under § 121.61. There The purpose of these amendments to are many operations with large aircraft Part 73 of the Federal Aviation Regula­ ing changes are made: in which potential chief pilots may gain tions is to revoke Restricted Area R-3101 1. Je t Route No. 32 Je t Advisory Area aeronautical and managerial experience PMRFAC Four, Subareas B _ and D, is amended by deleting “FL 370 to FL valuable to an air carrier, and exercise Hawaii, and to alter Restricted Area R - 390, inclusive.” and substituting therefor that experience with a concomitant level 3120 PMRFAC Five, Hawaii. “FL 330 to FL 370, inclusive.” of safety. Because of the unprecedented The Department of the Navy has de­ 2. Jet Route No. 36 Jet Advisory Area demand for experienced pilots, the FAA termined that there is no longer a re­ is amended by deleting “Fargo.” and sub­ believes that otherwise qualified individ­ quirement for those portions of R-3101 stituting therefor “Fargo from FL 240 to uals should be allowed to serve as chief and R-3120 that encompass land area FL 280 and FL 370 to FL 410, inclusive.”. pilots. and have requested that R-3101, Sub- 3. Jet Route No. 515 Je t Advisory Area The Air Transport Association con­ areas B and D, and the portion of R- is amended by deleting “border.” and curred with the rule insofar as it is de­ 3120 that encompasses land area be re­ substituting therefor “border from FL 240 signed to relax present requirements, but voked. Such action is taken herein. For to FL 280 and FL" 370 to FL 410, reaffirmed its view that it is an improper continuity in recordskeeping and ease of inclusive.” exercise of authority for the FAA to set identification, action is also taken herein 4. Jet Route No. 533 Je t Advisory Area qualification requirements for manage­ to redesignate R-3101 Subarea “C” as ment personnel. This view was also ex­ Subarea “B ”. is amended by deleting “FL 370 to FL 390, inclusive.” and substituting therefor pressed by another commentator who Since these amendments restore air­ stated that management qualifications space to the public use and relieve a re­ “FL 330 to FL 370, inclusive.”" (Sec. 307(a), Federal Aviation Act of 1958; should be the exclusive concern of man­ striction, notice and public procedure agement, not of the FAA. thereon are unnecessary, and good cause 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c)) These views were thoroughly con­ exists for making these amendments sidered when the rule was originally effective on less than 30 days notice. Issued in Washington, D.C., on Sep­ adopted into the Civil Air Regulations In consideration of the foregoing tember 11, 1969. during the overall revision of Part 42 in § 73.31 (34 F.R. 4824) is amended, effec­ H. B. Helstrom, 1962 and 1963, and the FAA has not tive upon publication, as follows: changed its position since then, either as 1. Rr-3101 PMRFAC Four, Hawaii, Chief, Airspace and Air Traffic Rules Division. to the authority of the FAA to establish Subareas B and D are revoked. qualification requirements, or as to the 2. In R-3101 PMRFAC Four, Hawaii, [F.R. Doc. 69-11063; Filed, Sept. 16, 1969; 8:47 a.m.] need for such requirements. “Subarea C” is deleted and “Subarea B ” The rule was supported by two com­ is substituted therefor. mentators who expressed complete ap­ 3. In R^3120 PMRFAC Five, Hawaii, [Docket No. 9548; Amendment No. 121-52] preciation of the many possibilities “Boundaries” is amended to read as for acquiring the skills necessary to follows : PART 121— CERTIFICATION AND OP­ permit one to safely perform the function Boundaries: Beginning at latitude 21°58' ERATIONS: DOMESTIC, FLAG AND of chief pilot. 30” N., longitude 159°48'55” W., thence to SUPPLEMENTAL AIR CARRIERS AND One other comment received was not latitude 21°58'25” N„ longitude 159°43'35” considered because it was outside the W., thence southeasterly along the shoreline COMMERCIAL OPERATORS OF of the Island of Kauai to latitude 21°57'45” LARGE AIRCRAFT scope of the notice. N., longitude 159 °42'00” W., thence to lati­ Interested persons have been afforded tude 21°54'45” N„ longitude 159°42'00” W., Deviation From Qualifications an opportunity to participate in the thence clockwise along a line 3 nautical miles Requirements for Chief Pilots making of this amendment, and due con­ from and parallel to the shoreline of the sideration has been given to all relevant Island of Kauai to the point of beginning. The purpose of this amendment to matter presented. (Sec. 307(a), Federal Aviation Act of 1958; § 121.61(b) (2) of the Federal Aviation In consideration of the foregoing, 49 U.S.C. 1348; see. 6(c), Department of Regulations is to allow deviation from § 121.61(b) (2) of the Federal Aviation Transportation Act; 49 U.S.C. 1655(c) ) the requirement of 3 years pilot-in-com­ Regulations is amended, effective Octo­ mand experience for a chief pilot where ber 17, 1969, to read as follows: Issued in Washington, D.C., on Sep­ the Administrator finds that the ap­ tember 11, 1969. § 121.61 Management personnel: quali­ plicant’s aeronautical experience is fications. H. B. Helstrom, equivalent to 3 years of experience as * * * * * Chief, Airspace and Air pilot in command of a large aircraft with Traffic Rules Division. an air carrier or commercial operator. (b) * * * [F.R. Doc. 69-11069; Filed, Sept. 16, 1969; This amendment is based on a notice of (2) Has had at least 3 years of ex­ 8:47 a.m.] "proposed rule making (Notice 69-18) perience as pilot in command of a large

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178- 2 14464 RULES AND REGULATIONS aircraft with an air carrier or commercial share capital or assets of any concern, any enterprise engaged in the manufac­ operator. However, the administrator engaged in the business of manufactur­ ture, distribution or sale of Resistance may grant a deviation from the require­ ing, distributing or selling in the United Welding Apparatus (Resistance Welders, ment of this subparagraph if he finds States arc and gas welding apparatus as Components, Accessories and Electrodes, that the person has had equivalent herein defined. Arc or gas welding ap­ SIC product codes 36233 13-81) and en­ aeronautical'experience; and paratus shall include all products enu­ gaged in commerce in the United States. 4c $ $ ♦ ♦ merated by the 1967 Census of Manu- It is further ordered, That Chemetron (Secs. 313(a), 601, and 604, Federal Aviation turers (Numerical List of Manufactured shall within sixty (60) days following Act of 1958, 49 U.S.C. 1354(a), 1421, and Products Bureau of the Census) within the effective date of this order, and at 1424, sec. 6 (c ), Department of Transportation the following Standard Industrial Classi­ such further times as the Commission Act, 49 U.S.C. 1655(c) ) fication (SIC) Code Numbers: Arc may require, submit a verified report Welding Machines Components, and Ac­ in writing to the Federal Trade Com­ Issued in Washington, D.C., on Sep­ cessories, Except Electrodes, SIC product mission setting forth in detail the man­ tember 11,-1969. codes 36231 11-35; Arc Welding Elec­ ner and form in which it intends to D. D. T homas, trodes, Metal, SIC product codes 36232 comply, is complying or has complied Acting Administrator. 11-53; Welding Apparatus, Except Elec­ with this prohibition on acquisitions. [F.R. Doc. 69-11047; Filed, Sept. 16, 1969; tric, SIC product code 35483 25 (Gas It is further ordered, That Chemetron 8:46 a.m.] Welding Apparatus). In addition, arc shall forthwith distribute a copy of this welding apparatus is to include the fol­ order to each of its operating divisions. [Docket No. 9083; Amdt. 183-4] lowing accessories within SIC product code 36231 98: Arc torches, automatic Issued: July 28,1969. PART 183— REPRESENTATIVES OF welding heads, semiautomatic welding By the Commission. THE ADMINISTRATOR guns and standard positioners; and gas [seal] J oseph W. S hea, welding apparatus is to include such Secretary. Issuance of Experimental Certificates other nonelectric welding equipment as is by Designated Manufacturing In­ within SIC product code 35483 29. [F.R. Doc. 69-11053; Filed, Sept. 16, 1969; spection Representatives The prohibition of acquisitions con­ 8:46 a.m.] tained in the above paragraph of this Correction order shall include but not be confined to [Docket 8647] In F.R. Doc. 69-10647, appearing at the entering into of any arrangement be­ page 14124 of the issue for Saturday, tween Chemetron and any concern en­ PART 13— PROHIBITED TRADE September 6, 1969, the first figure in the gaged in the manufacture, distribution, PRACTICES authority citation is corrected to read or sale of arc or gas welding apparatus Clairol Inc. “Secs. 313(a)”. (see above paragraph) pursuant to which Chemetron acquires the market share, in Subpart—Discriminating in price un­ whole or in part, of such concern in any der section 2, Clayton Act—Payment for of the above-mentioned product lines services or facilities for processing or Title 16— COMMERCIAL (a) through such concern discontinuing sale under 2(d ): § 13.825 Allowances the manufacture, distribution or sale of for services or facilities. PRACTICES arc or gas welding apparatus (see above) (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets under its own trade name or labels and or applies sec. 2, 49 Stat. 1526; 15 U.S.C. 13) Chapter I— Federal Trade thereafter distributing such products un­ [Modified order to cease and desist, Clairol' Commission der Chemetron’s trade name or labels or Inc., New York, N.Y., Docket 8647, Aug. 6, 1969] [Docket C—1567] (b) by reason of such concern discon­ tinuing the manufacture, distribution or The Court of Appeals, Ninth Circuit, PART 13— PROHIBITED TRADE sale of such products and thereafter in an opinion dated April 27, 1969, 410 PRACTICES transferring to respondent customer lists F. 2d 647, having modified the cease and or in any other way making available to Chemetron Corp. desist order dated June 24, 1966, 31 F.R. Chemetron access to customers or cus­ 10262, which prohibited a manufacturer Subpart—Acquiring corporate stock or tomer accounts. of beauty preparations from paying dis­ assets: § 13.5 Acquiring corporate stock Nothing in. this section shall require criminatory promotional allowances, the or assets. prior approval of an acquisition of the Commission, in accordance with the stock or assets of a concern, corporate or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets court’s opinion, modified the order by or applies sec. 7, 38 Stat. 781, as amended; noncorporate, when that concern is a deleting the two subparagraphs pertain­ 15 U.S.C. 18) [Cease and desist order, Chem­ distributor offering for sale arc welding ing to wholesalers, and adding to each etron Corp., Chicago, HI., Docket C-1567, apparatus and/or gas welding apparatus of the two remaining provisions pertain­ July 28,1969] (as herein defined in the body of this ing to retail stores and beauty salons order) purchased from Chemetron and a phrase to include retailer customers Consent order prohibiting a Chicago, (a) the acquired concern'has gross an­ 111., manufacturer of arc welding appara­ who do not purchase directly from nual sales of arc and/or gas welding ap­ respondent. tus from acquiring any manufacturer or paratus not in excess of two hundred and distributor of arc or gas welding equip­ The modified order is as follows: fifty thousand dollars ($250,000): Pro­ It is ordered, That respondent, Clairol ment for a period of 10 years without vided, That the number of such acquisi­ prior Commission approval. Inc., its officers, agents, representatives, tions shall be limited to three (3) or (b) and employees, directly or indirectly, The order to cease and desist, includ­ whose financial condition is such that It ing further order requiring report of through any corporate or other device, in is unable to pay its current obligations or in connection with the offering for compliance therewith, is as follows: when due, and for both (a) and (b) It is ordered, That, for a period of ten sale, sale, or distribution of its products, above, respondent shall divest its owner­ in Commerce, as “commerce” is defined (10) years from the date this order be­ ship interest in such distributor (s) comes final, Chemetron Corp. (herein­ in the Clayton Act, as amended, do within a period not in excess of three forthwith: after referred to as “Chemetron”) a (3) years from the date(s) of such corporation, through its officers, direc­ 1. Cease and desist from paying or tors, agents, representatives, and em­ acquisition (s). contracting to pay anything of value to ployees shall cease and desist from ac­ It is further ordered, That Chemetron or for the benefit of any retailer customer Corp. shall notify the Commission at quiring, without prior approval of the engaged in the resale of. respondent’s least 90 days prior to the consummation hair care products to home use con­ Federal Trade Commission, directly or of any merger or acquisition wherein sumers, as compensation or consideration indirectly, through subsidiaries or other­ Chemetron acquires any part of the as­ for any services or facilities furnished by wise, the whole or part of the stock, sets or stock or any other ownership of or through such customer in connection

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14465 with the processing, handling, sale or [Docket 8769] sale when such offer is not a bona fide offering for sale of such products, unless PART 13— PROHIBITED TRADE offer to sell said products on the terms such payment or consideration is avail­ and conditions stated; or using any sales able on proportionally equal terms to all PRACTICES plan or procedure involving the use of other retailer customers of respondent, New Home Sewing Center et al. false, deceptive or misleading statements including retailer customers who do not to obtain leads or prospects for the sale purchase directly from respondent, who Subpart—Advertising falsely or mis­ of other merchandise. compete with the favored retailer cus­ leading: § 13.15 Business status, ad­ 4. Advertising or offering any product tomer in the distribution of such prod­ vantages, or connections: 13.15-195 Na­ for sale, unless the product shown or ucts to consumers for home use. ture; § 13.155 Prices: 13.155-10 Bait; demonstrated to the prospective pur­ 2. Cease and desist from paying or13.155-78 Repossession balances; § 13.- chaser does in all respects conform to the contracting to pay anything of value to 157 Prize contests. Subpart—Misrep­ representations and description thereof or for the benefit of any customer en­ resenting oneself and goods—Business as contained in the advertisement or gaged in rendering hair care services, in status, advantages or connections: § 13.- offer. the course of which such customer uses 1490 Nature. Subpart—Misrepresent­ 5. Disparaging, in any manner, or dis­ respondent’s hair care products, for ad­ ing oneself and goods—Goods: § 13.1705 couraging the purchase of any products vertising services furnished by or through Prize contests. Subpart—-Misrepresent­ advertised or displayed to prospective such customer in the promotion of such ing oneself and goods—Prices: § 13.1779 purchasers. products, unless such payment or con­ B ait; § 13.1825 Usual as reduced or to 6. Representing, directly or by impli­ sideration is available on proportionally be increased. cation, that names of winners are ob­ equal terms to all other beauty salon cus­ (Sec. 6, 38 Stat. 72)1; 15 U.S.C. 46. Interprets tained through “drawings” or by chance tomers of respondent, including beauty or applies sec. 5, 38 Stat. 719, as amended; when all the names selected are not salon customers who do not purchase 15 U.S.C. 45) [Cease and desist order, New chosen by lot; or misrepresenting, in any directly from respondent, who compete Home Sewing Center et al., Allentown, Pa., manner, the method by which names of with the favored beauty salon customer Docket 8769, Aug. 5, 1969] contest winners are selected. in the rendering of hair care services In the Matter of New Home Sewing Cen­ 7. Representing, directly or by impli­ and the use of respondent’s hair care ter, a Partnership, and Harry Ep­ cation, that awards or prizes are of a products. stein, and Dennis W. Hart, Individ­ certain value or worth when recipients Issued: August 6,1969. ually and as Copartners Trading and thereof are not in fact benefited by or Doing Business as the New Home do not save the amount of the repre­ By the Commission. Sewing Center. sented value of such prizes or awards. 8. Representing, directly or by impli­ [seal] J oseph W. S hea, Order requiring an Allentown, Pa., re­ Secretary. cation, that any price for respondents’ tailer of sewing machines and other products is a special price or reduced [F.R. Doc. 69-11054; Filed, Sept. 16, 1969; products to cease using bait advertising, price, unless such price constitutes a sig­ 8:46 a.m.] false pricing and sayings claims, ficti­ nificant reduction from an established tious contests, and other deceptive prac­ selling price at which such products have [Docket 8549] tices in the sale of its merchandise. been sold in substantial quantities by PART 13— PROHIBITED TRADE The order to cease and desist, includ­ respondents in the recent, regular course ing further order requiring report of PRACTICES of their business; or misrepresenting* in compliance therewith, is as follows: any manner, the prices at which such Knoll Associates, Inc. It is ordered, That respondents New products have been sold or offered for Home Sewing Center, a partnership, and sale by respondents or other sellers in Subpart—Discriminating in price un­ Harry Epstein and Dennis W. Hart, in­ respondents’ trade area. der section 2, Clayton Act—Price dis­ dividually and as copartners trading and 9. Representing, directly or by impli­ crimination under 2 (a ): § 13.700 Arbi­ doing business as New Home Sewing Cen­ cation, that any savings, discount or trary or improper functional discounts. ter or under any other name or names allowance is given purchasers from re­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets and respondents’ agents, representatives spondents’ selling price for specified or applies sec. 2, 49 Stat. 1526; 15 U.S.C. 13) and employees, directly or through any merchandise unless said selling price is [Order withdrawing complaint, Knoll Asso­ corporate or other device, in connection the amount at which such merchandise ciates, Inc., New York, N.Y., Docket 8549, with the advertising, offering for sale, July 25, 1969] has been sold or offered for sale in good sale or distribution of sewing machines faith by respondents for a reasonably The Court of Appeals, Seventh Circuit, or other products, in commerce, as “com­ substantial period of time in the recent, in an opinion dated June 18, 1968, 397 merce” is defined in the Federal Trade regular course of their business. P. 2d 530, having remanded the cease and Commission Act, do forthwith cease and 10. Failing to deliver a copy of this desist order dated August 2,1966, 31 F.R. desist from: order to cease and desist to all present 12055, to the Commission for reconsider­ 1. Representing, directly or by impli­ and future salesmen or other persons en­ ation and the court having excepted from cation, that sewing machines or other gaged in the sale of respondents’ prod­ the record all evidence or testimony of products have been repossessed or are ucts or services, and failing to secure the witness Herbert Prosser, the Com­ being offered for sale for the unpaid from each such salesman or other person mission order this proceeding in which balance of the original purchase price: a signed statement acknowledging receipt a New York City furniture company was Provided, however, That it shall be a of said order. defense in any enforcement proceeding prohibited from price discrimination be It is further ordered, That respondents withdrawn from adjudication. instituted hereunder for respondents to establish that said advertised products New Home Sewing Center, a partnership, Order withdrawing complaint is as and Harry Epstein and Dennis W. Hart, follows: actually were repossessed and offered for shall, within sixty (60) days after service It is ordered, That this matter be, and it sale and sold for the balance of the un­ paid purchase price. upon them of this order, file with the hereby is, withdrawn from adjudication. Commission a report, in writing, setting 2. Representing, directly or by impli­ By the Commission, with Commis­ forth in detail the manner and form in cation, that respondents are engaged in which they have complied with the order sioner Elman concurring in the result, the business of lending money or provid­ and Commissioner MacIntyre not par­ ing credit to purchasers of merchandise to cease and desist. ticipating. or of buying, selling, or otherwise dealing Issued: August 5,1969. Issued: July 25,1969. in commercial paper incident to thè pur­ By the Commission. chase of merchandise on credit; or mis­ [ seal] J oseph W. Shea, representing, in any manner, the nature [ seal] J oseph W. S hea, Secretary. or status of respondents’ business. Secretary. [F.R. Doc. 69-11055; Filed, Sept. 16, 1969; 3. Representing, directly or by impli­ [F.R. Doc. 69-11056; Filed, Sept. 16, 1969; 8:46 a.m.] cation, that any products are offered for 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14466 RULES AND REGULATIONS

[Docket 8725] other corporate entity; or misrepresent­ (b) Any person, firm, or corporation PART 13— PROHIBITED TRADE ing, in any manner, respondents’ trade or controlled by, or affiliated with, Thermo­ business connections or affiliations; chemical Products, Inc., or any other PRACTICES (b): Any of respondents’ products were person, firm, or corporation controlled Thermochemical Products, Inc., et al. manufactured or developed, in whole or by, or affiliated with, the individual re­ in part, by any of the aforementioned spondents, jointly or severally, is a hold­ Subpart—Misrepresenting oneself and companies or misrepresenting, in any er in due course, or is entitled to the goods—Business status, advantages or manner, the company or organization rights of a holder in due course, of ne­ connections: § 13.1390 Concealed sub­ which developed or manufactured, in gotiable paper executed in payment of sidiary, fictitious collection agency, etc.; whole or in part, any of the products products purchased from respondents. § 13.1395 Connections and arrange­ manufactured or sold by the respondents. 6. Using the trade name Wolmart Dis­ ments with others. Subpart—Misrepre­ 2; Representing, directly or by impli­ count Corp., or any other name or names senting oneself and goods—Goods : cation, that respondents’ products are other than the names of payees or actual § 13.1608 Dealer or seller assistance; guaranteed, unless the nature, condi­ creditors, in seeking to collect any notes, § 13.1615 Earnings and profits; § 13.1647 tions and extent of the guarantee, the trade acceptances, or other instru­ Guarantees; § 13,1710 Qualities or identity of the guarantor and the man­ ments of indebtedness or other accounts properties; § 13.1757 Surveys. Subpart— ner in which the guarantor will per­ receivable. Neglecting, unfairly or deceptively, to form thereunder are clearly and con­ 7. Failing to reveal, clearly and con­ make material disclosure: § 13.1905 spicuously disclosed and further, unless spicuously, to the debtor, respondents’ Terms and conditions. all such guarantees are in fact fully identity, when any other names are used (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets honored and all the terms thereof by respondents or their agents in the or applies sec. 5, 38 Stat. 719, as amended; fulfilled. sale of merchandise and collection of 15 U.S.C. 45) [Cease and desist order, 3. Representing, directly or by im­ any notes, trade acceptances or other Thermochemical Products, Inc., et al., New plication, that: instruments of indebtedness or accounts York, N.Y., Docket 8725, July 25, 1969] (a) Dealers selling respondents’ pro­ receivable in connection therewith; In the Matter of Thermochemical Prod­ ducts will earn any stated gross or net 8. Participating in any plan or ar­ ucts, Inc., a Corporation, and Jean n ette amount; or representing, in any manner, rangement whereby others may falsely Vine, and Beatrice Freeman, Also the past earnings of dealers, unless in allege to be holders in due course, or Known as Beatrice Jacobs, Individ­ fact the past earnings reported are those entitled to thq rights of a holder in due ually and as Officers of Said Corpora­ of a substantial number of dealers and course, of negotiable instruments aris­ tion, and Charles A. Jacobs and David accurately reflect the average earnings ing out of the sale of merchandise by Jacobs, Individually and as Managers of tríese dealers under circumstances respondents or services performed for of Said Corporation, and Wolmart Dis­ similar tó those of the dealer to whom respondents. count Corp., a Corporation the representation is made; 9. Failing to disclose orally prior to (b) Respondents’ dealers may return the time of sale, and in writing on any Order requiring a New York City any unsold merchandise or that respond­ trade acceptance, promissory note or marketer of water repellent paints and ents will transfer unsold merchandise other instrument of indebtedness exe­ coatings to cease misrepresenting that it to other dealers; cuted by a purchaser of respondents’ is a division of Union Carbide Co. or any (c) A survey has been made of the products, and with such conspicuousness other large company, exaggerating the territory in which a prospective dealer and clarity as is likely to be observed earnings of prospective franchised deal­ is located for the purpose of ascertain­ and read by such purchaser: ers, misrepresenting the quality of its ing the sales potential of said territory; (a) The disclosures, if any, required paints, using a fictitious subsidiary to (d) Respondents will send a repre­ by-the Federal law or by the law of collect its accounts, failing to reveal that sentative to contact prospective custom­ the State in which the instrument is its purchase contracts may be negotiated ers of their dealers, or erect billboards executed; to third parties, making false guarantees, and other displays, or furnish newspaper (b) Where negotiation of the instru­ and using other deceptive means to mats free of charge, or prepare suitable recruit salesmen and dealers to sell its ment to a third party is prohibited or mailings on the dealer’s letterhead; or otherwise limited under the law of the products. misrepresenting, in any manner, the The order to cease and desist, includ­ state in which the instrument is ex­ assistance which will be given the dealer ecuted, that the negotiation or assign­ ing further order requiring report of in making s a l e s o f t h e product compliance therewith, is as follows : ment of the trade acceptance, promis­ purchased. sory note or other instrument of It is ordered, That the respondents 4. Representing, directly or by impli­ indebtedness to a finance company or Thermochemical Products, Inc., a cor­ cation, that: other third party will not cut off any poration, and its officers, and respond­ (a) Respondents’ products are water­ rights or defenses that the purchaser ents Jeannette Vine and Beatrice Freë- proof or will cause any surface to which may have under the contract; man, also known as Beatrice Jacobs, in­ they are applied to become waterproof dividually and as officers of said corpora­ (c) Where negotiation of the instru­ or misrepresenting, in any manner, the ment to a third party is not prohibited tion, and Charles A. Jacobs and David characteristics and capabilities of re­ Jacobs, individually and as managers of by the law of the State in which the in­ spondents’ products and the manner in strument is executed, that the trade ac­ said corporation, and Wolmart Discount which respondents’ products will Corp., a corporation, and its officers, and ceptance, promissory note or other perform; negotiable instrument may, at the option respondents’ agents, representatives, and (b) ‘Respondents’ products are suitable employees, directly or through any cor­ of the seller and without notice to the for use on the interior of a structure; or purchaser, be negotiated or assigned to porate' or other device, in connection misrepresenting, in any manner, the with the advertising, offering for sale, a finance company or other third party; uses for which respondents’ products are (d) Where the law of the State in sale or distribution of any paint or paint suitable. products or coatings or franchises in which the instrument is executed does (c) One or more coats or applications not preserve as against any holder of the connection therewith, or any other ar­ of respondents’ products is sufficient to ticles of merchandise or franchises, in instrument all of the legal and equitable achieve or to produce any result other defenses the purchaser may assert commerce, as “commerce” is defined in than that which normally is attained by the Federal Trade Commission Act, do against the seller, that in the event the forthwith cease and desist from: such action. instrument is negotiated or assigned to 1. Representing, directly or by impli­ 5. Representing, directly or by impli­ a finance company or other third party, cation, that: cation, that: the purchaser may have to pay to such (a) Respondents are a subsidiary of, (a) Any respondent is a holder in due finance company or other third party course, or is entitled to the rights of a the full amount due under his contract a division of, or are affiliated with Union holder in due course, of any negotiable whether or not he has claims against the Carbide Co., General Electric Co., or instrument executed in payment for a seller or defects in merchandise, non­ Aluminum Company of America or any sale of respondents’ products; delivery or the like.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14467

It is further ordered, That the re­ display per period. There will be no serv­ State, it is found that the Government spondent corporations shall forthwith ice charge for those electing to have the of France extends to vessels of the United distribute a copy of this order to each of fixed display. States in ports of France privileges re­ their operating divisions and to all pres­ (e) “The requesting party will, asciprocal to those provided for in section ent and future salesmen or other persons third party intermediary, enter into 27 of the Merchant Marine Act of 1920, engaged in the sale of respondents’ prod­ written agreement with suppliers, if as further amended by Public Law 90-474 ucts or services, and shall secure from suppliers so desire, to undertake supplier (82 Stat. 700). Therefore, vessels of each such salesman or other person a obligations under sections 2 (d) and (e) France are permitted to transport coast­ signed statement acknowledging receipt of the amended Clayton Act as provided wise equipment for use with vans and of said order. in Guide 13 of the Commission’s Guides tanks, empty barges designed for car­ It is further ordered, That the re­ for Advertising Allowances and Other riage aboard a vessel, empty instruments spondents herein shall, within sixty (60) Merchandising Payments and Services. of international traffic, and stevedoring days after service upon them of this If there is a supplier-third party agree­ equipment and material under the con­ order, file with the Commission a report ment that the requesting party will ditions specified in the applicable pro­ in writing setting forth in detail the undertake supplier obligations, suppliers viso to 46 U.S.C. 883. manner and form of their compliance will perform as set forth in paragraph Accordingly, § 4.93(b) (2), Customs with this order. (b) of Guide 13.” Regulations, is amended by the insertion Issued: July 25,1969. (38 Stat. 717, as amended; 15 U.S.C. 41-58; of “France” in appropriate alphabetical 49 Stat. 1526; 15 U.S.C. 13, as amended) order in the list of nations in that section. By the Commission. Issued: September 16, 1969. (80 Stat. 379, sec. 27, 41 Stat. 999, as amend­ [seal] J oseph W. S hea, ed; 5 U.S.C. 301, 46 U.S.C. 883) By direction of the Commission. Secretary. Effective date: This amendment shall [F.R. Doc. 69-11057; Filed, Sept. 16, 1969; [ seal] J oseph W . S hea, become effective on the date of its publi­ 8:46 a.m.] Secretary. cation in the F ederal R egister. [F.R. Doc. 69-11084; Filed, Sept. 16, 1969; 8:49 a.m.] [seal] E dwin F . R ains, PART 15— ADMINISTRATIVE Acting Commissioner of Customs. OPINIONS AND RULINGS Approved: September 5, 1969. PART 15— ADMINISTRATIVE Tripartite Promotional Assistance OPINIONS AND RULINGS E ugene T. R ossides, Plan Assistant Secretary Disclosure of Origin of Imported of the Treasury. § 15.367 Tripartite promotional assist­ ance plan. Plastic Vinegar Bottles [F.R. Doc. 69-11074; Filed, Sept. 16, 1969; 8:48 am .] The Commission advised a requesting § 15.368 Disclosure of origin of im­ party that the Commission would not ported plastic vinegar bottles. proceed againsit it or its customers, or (a) The Commission had rendered an suppliers if the following described pro­ advisory opinion to a manufacturer of Title 21— FOOD AND DRUGS motional assistance plan were imple­ domestically-made vinegar that it would mented under the following circum­ not be necessary to disclose the origin of Chapter I— Food and Drug Adminis­ stances: its imported plastic vinegar bottles. tration, Department of Health, Edu­ (a) “The requesting party has two (b) In the absence of any affirmative cation, and Welfare plans for displaying advertising signs to representation that the imported plastic SUBCHAPTER B— FOOD AND FOOD PRODUCTS be attached to grocery store shelves. Sup­ bottles are made in the United States, pliers of grocery store products will pay the Commission said that it will not be PART 121— FOOD ADDITIVES the requesting party for the advertising necessary to disclose the Canadian of their products on these signs. Signs origin of the containers. From Contact With Containers or will be of two kinds. One sign will be a Equipment and Food Additives (38 Stat. 717, as amended; 15 U.S.C. 41-58) back-lighted moving color transparency; Otherwise Affecting Food the other will be a fixed sign of approxi­ Issued: September 16, 1969. mately the same dimensions. The moving S urface L ubricants U sed in the Man­ sign will be used as part of the request­ By direction of the Commission. ufacture of M etallic Articles ing party’s Plan A; the fixed sign as part [ seal] J oseph W. S hea, The Commissioner of Food and Drugs, of the requesting party’s Plan B. Both Secretary. having evaluated the data submitted in a fixed and moving signs will advertise one [F.R. Doc. 69-11083; Filed, Sept. 16, 1969; petition (FAP 9B2374) filed by Emery product and the same product during any 8:49 a.m.] Industries, Inc., 4300 Carew Tower, Cin­ given 2-week period. cinnati, Ohio 45202, and other relevant (b) “All customers competing in the material, concludes that § 121.2531 resale of the advertised product may should be amended to provide for the elect to adopt Plan A, if they will. All Title 19— CUSTOMS DUTIES safe use of partial methyl esters of dimers such customers having an outlet doing and trimers of Ci8 unsaturated fatty acids in excess of $25,000 per week average Chapter Η Bureau of Customs, in surface lubricants used in the manu­ gross business may have Plan A and Department of the Treasury facture of metallic food-contact articles Plan A only. Smaller customers may elect Plan B. [T.D. 69-203] under conditions such that the total re­ sidual lubricant does not exceed 0.015 (c) . “Outlets will be paid for the usepa rt 4— v e ss e ls in f o r e ig n a n d milligram per square inch of food-con­ of their space in one of two ways as they DOMESTIC TRADES tact surface. Therefore, pursuant to the initially elect: (1) A percentage of the provisions of the Federal Food, Drug, and dollar value of the advertised product Coastwise Transportation purchased during the 2 weeks in which Cosmetic Act (sec. 409(c) (1), 72 Stat. the advertisement runs; (2) a fixed sum Section 4.93(b)(2), Customs Regula­ 1786; 21 U.S.C. 348(c)(1)) and under per 2-week period determined as a per­ tions, relating to the coastwise transpor­ authority delegated to the Commissioner centage of average weekly gross sales tation of equipment for use with vans, (21 CFR 2.120),. § 121.2531(a)(2) is during the preceding fiscal year. tanks etc., by certain vessels, amended amended by revising the item “Dimers (d) “Those customers electing to have to add France to the list of authorized and trimers * * * ” to read as follows: nations. the moving display will be charged a § 121.2531 Surface lubricants used in service charge for each 2-week period. On the basis of information obtained the manufacture of metallic articles. This will be computed at 2 dollars per and furnished by the Department of * * * * *

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14468 RULES AND REGULATIONS

(a) * * * 3135), as amended, Part 7 of Title 36 of (2) Registration of each oversnow (2) * * * the Code of Federal Regulations is vehicle with the Superintendent is re­ List of substances Limitations amended as set forth below. quired prior to operation in the Park. The purpose of this amendment is to (3) An adequate lighting system is re­ * * * * * * restrict the launching, beaching, or quired if the vehicle is traveling during Dimers, trimers, and/or For use only at a landing of vessels within Arkansas Post darkness. their partial methyl level not to ex­ (4) An adequate propeller guard is re­ esters; such dimers and ceed 10 percent National Memorial. trimers are of unsatu­ by weight of It is the policy of the Department of quired if the vehicle is a snowplane. rated Cm fatty acids de­ finished lubri­ the Interior, whenever practicable, to (5) Oversnow vehicle use is permitted rived from animal and cant formula­ afford the public an opportunity to par­ only in areas designated by the Superin­ vegetable fats and oils tion. ticipate in the rulemaking process. Ac­ tendent, and is not permitted on plowed and/or tall oil, and cordingly, interested persons may sub­ roads. A map of the designated areas is such partial methyl mit written comments, suggestions, or located in the Superintendent’s office. esters meet the follow­ (6) No person under the age of 16 shall ing specifications; Sa­ objections to the Superintendent, Hot ponification value 187— Springs National Park, Post Office Box operate an oversnow vehicle without di­ 193, acid value 75-95, 1219, Hot Springs, Ark. 71901, within 30 rect supervision of an adult. and maximum iodine days of the publication of this notice in (7) Racing, other competitive uses, value 15. the F ederal R egister. and operation of an oversnow vehicle in Section 7.72 is added as follows: an unsafe manner is prohibited. (8) Oversnow vehicles used to carry Any person who will be adversely af­ § 7.72 Arkansas Post National Memorial. fected by the foregoing order may at any passengers for hire will be deemed com­ time within 30 days from the date of its (a) Launching, beaching, or landing mercial, and will be subject to section 5.3 of this chapter. publication in the F ederal R egister file o f vessels. Except in emergencies, no ves­ with the Hearing Clerk, Department of sel shall be launched, beached, or landed

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14469 rations as a member of a Reserve force; provisions of section 4 of the Administra­ Channel *28 with reserved Channel *49 or while not on active duty, is receiving tive Procedure Act, 5 U.S.C. 553, are at Estherville, Iowa (this community has service department retirement or re­ inapplicable. no other television assignments) and to tainer pay.) 3. In view of the foregoing: It ismake a new reserved assignment of (b) Restrictions. * * * ordered, Effective September 19, 1969, Channel *46 to Fort Dodge, Iowa, thereby (2) He is receiving Veterans Adminis­That § 1.591 of the rules and regulations giving that community its first re­ tration hospital or domiciliary care fol­ is amended as set forth below. served assignment and second television lowing discharge from service, except as (Secs. 4,303, 48 Stat., as amended, 1066, 1082; assignment. Channel 21 presently serves provided in paragraph (a) (2) of this 47 U.S.C. 154, 303) Fort Dodge as a commercial operation. section. (He is not precluded from re­ The channel proposed to be deleted, ceiving subsistence allowance if as a part Adopted: September 10, 1969. Channel *28 at Estherville, is unoccupied of his training he is receiving certain Released: September 12, 1969. and has no application pending for its assistance in the day clinic of the hos­ use. According to the 1960 U.S. census, pital but is providing his own room and F ederal Communications Estherville (located in Emmet County board, either at home or otherwise.) Commission 1 with a population of 14,871) has 7,927 [ seal] B en F . W aple, (72 Stat. 1114; 88 U.S.C. 210) residents, while Fort Dodge (located in Secretary. Webster County with a population of This VA regulation is effective Au­ 1. In Part 1 of Chapter I of Title 47 of47,810) contains 28,399 persons. gust 26, 1965. the Code of Federal Regulations, § 1.591 3. The Iowa Educators are desirous of Approved: September 11, 1969. is amended by adding a note a t the end establishing an educational television of paragraph (b) and immediately pre­ service to serve Fort Dodge, as part of By direction of the Administrator. ceding the existing note to that para­ a State-wide educational television net­ [seal] F red B. R hodes, graph, to read as follows: work. Hence, they support the assign­ Deputy Administrator. § 1.591 Grants without hearing of au­ ment of Channel *46 to that com m unity. IF Jt. Doc. 69-11095; Filed, Sept. 16, 1969; thorizations other than licenses pur­ In an attempt to minimize their con­ 8:49 ajm..] suant to construction permits. struction cost they propose to share the ***** new television tower proposed to be con­ structed by KVFD-TV (Fort Dodge’s (b) * * * commercial service) approximately 25 Title 47— TELECOMMUNICATION No te: As used in paragraph (b) (1) of this miles from Fort Dodge, near Bradgate, section, the “day on which the Commission Iowa. KVFD-TV’s new tower location Is Chapter I— Federal Communications takes action” is the day on which the Com­ sought in order to bring television serv­ Commission mission votes to grant the prior-filed appli­ ice to segments of the population pres­ cation or to designate it for hearing or, in [FCC 69-977] the case of action by delegated authority, the ently underserved. Both petitioners are day on which the person acting under such of the view that the addition of an edu­ PART 1— PRACTICE AND PROCEDURE delegated authority signs the document by cational service to Fort Dodge is in the which such action is taken. The “release public interest and that the sharing of Grants Without Authorizations Other date” of the document and the “effective the Bradgate antenna site will both im­ Than Licenses Pursuant to Construc­ date” of the action (see § 1.102 are signifi­ prove service and contribute to the eco­ tion Permits cant in other respects but are not considered nomic health of KVFD-TV and the edu­ in making the determination under para­ cational service advocated by the Iowa 1. Section 1.591(b) (1) of the rules and graph (b) (1) of this section as to whether an application was filed by “the close of busi­ Educators on Channel *46. Because of regulations provides that, if certain ap­ the mileage separation requirements plications for authorizations in the ness on the day preceding the day on which broadcast radio services are to be con­ the Commission takes action.” specified in the Commission’s rules as to ***** UHF assignments seven channels apart, sidered with a prior filed mutually exclu­ the proposed location of the Channel 21 sive or conflicting application, they must [F.R. Doc. 69-11076; Filed, Sept. 16, I960; 8:48 ami.] tower requires the substitution of an­ be filed by “the close of business on the other channel for Channel *28 at Esther­ day preceding the day on which the Com­ ville. (See §5 73.611(d) and 73.698, Table mission takes action with respect to the” [Docket No. 18573; FCC 69-986] prior-filed application. For many years, IV of our rules.) Petitioners emphasize PART 73— RADIO BROADCAST that the shifts in television assignments as a result of consistent application of proposed in their petition, set out in our this provision, it has been understood SERVICES notice and presently advanced by them, that, to.be considered With a prior-filed in no way deprive any other com m unity application, conflicting applications must Table of Assignments, Television Broadcast Stations, Estherville and of existing or potential commercial or be filed by the day preceding the day that educational television service. The Iowa the Commission votes to grant the prior- Fort Dodge, Iowa Educators specifically state that the re­ filed application or designate it for hear­ placement of reserved Channel *28 with ing or, in the case of staff action, the day 1. On June 18, 1969, the Commission adopted a notice of proposed rule making reserved Channel *49 at Estherville, in on which the appropriate official signs the their view, in no way diminishes the hope document by which such action is taken. (FCC 69-668, released June 20, 1969) in the above-entitled matter pursuant to of educational television service for that Nevertheless, since it has recently been community. contended that the “effective date” of a petition (RM-1438) jointly filed by the the action (see § 1.102) or the “release State Educational Radio and Television 4. With the above in mind, as well as date” of the pertinent document is the Facility Board of Iowa (Iowa Educators) the results of a computer analysis of “day on which the Commission takes ac­ and Northwest Television Co., licensee of television channel availabilities in the tion,” we deem it advisable to add a note Station KVFD-TV, Fort Dodge, Iowa Estherville-Fort Dodge area, we have to § 1.591(b) spelling out in precise de­ (KVFD -TV). Interested parties were af­ come to the conclusion that it is in the tail the meaning which has consistently forded an opportunity to comment on or public interest to replace Channel *28 been given to that phrase. The note is set before July 28, 1969, and to reply to with Channel *49 at Estherville, Iowa forth in the attached appendix. such comments on or before August 8, and to assign Channel *46 to Fort Dodge, 2. Authority for the amendment set 1969. A brief joint comment was filed by Iowa. Such action should further the forth in the attached appendix is con­ petitioners. early activation of educational television tained in sections 4(i) and 303 Or) of the 2. Our notice, in response to the joint service to Fort Dodge, and an improved Communications Act of 1934, as petition of the Iowa Educators and commercial operation on Channel 21. amended, 47 U.S.C. 154(i) and 303 (r). KVFW-TV, proposed to replace reserved 5. Authority for the action taken Because the amendment relates to mat­ herein, is contained in sections 4(i), 303, ters of procedure and is purely explana­ 1 By the Commission : Commissioner John­ and 307(b) of the Communications Act tory, the procedural and effective date son dissenting. of 1934 as amended.

FEDERAL REGISTER, VOL 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14470 RULES AND REGULATIONS

6. Accordingly, it is ordered, That ef­ Adopted: June 18,1969. ated Press (AP) and United Press fective October 20, 1069, the Table of Released: September 12, 1969. International (UPI); thence via auto­ Assignments in § 73.606(b) of the Com­ matic selective switching and teletype mission’s rules is amended, insofar as the (Secs. 4, 606, 48 Stat., as amended, 1066, Emergency Action Notification to all cities listed below are concerned, to read 1104; 47 U.S.C. 154, 606, and E.O. 14092 of Feb. 26, 1963) standard, FM and television broadcast as follows: and other stations (including Land City Channels F ederal Communications Transportation stations) subscribing to Port Dodge, Iowa______21, *46 Commission, the AP and UPI Radio Wire Teletype Estherville, Iowa______*49 [ seal] B en F . W aple, Networks. Secretary. 7. It is further ordered, That this (2) Second method. From the Presi­ proceeding is terminated. Subpart D of Part 93 is amended by dent of the United States via the White House Communications Agency to speci­ (Secs. 4, 303, 307, 48 Stat., as amended, 1066, adding new §§ 93.161, 93.162, and 93.163 to read as follows: fied control points of the nationwide 1082, 1083; 47 U.S.C. 154, 303, 307) commercial Radio and Television Broad­ Adopted: September 10, 1969. § 93.161 Land Transportation radio serv-. cast Networks, the American Telephone ices emergency operation. and Telegraph Co. and other specified Released: September 12, 1969. Scope and objective. This section points via a dedicated teletypewriter net­ F ederal Communications, applies to those stations licensed under work; thence to all affiliates via any Commission/ this part and operating in a system for available commercial Radio and Tele­ [seal] B en F . W aple, which a National Defense Emergency vision internal network alerting facilities. Secretary. Authorization has been issued. The sec­ (3) Third method. Off-the-air moni­ [P.R. Doc. 69-11077; Piled, Sept. 16, 1969; tion provides for operation of stations toring of a standard, FM or television 8:48 am .] within the United States during a grave broadcast station by other standard, national crisis or war. The objective is to FM, and television broadcast stations provide for flexible operation of com­ and FCC licensees (including Land [PCX) 69-652] munications equipment during such an Transportation licensees) for receipt of PART 93— LAND TRANSPORTATION emergency to fulfill emergency com­ the Emergency Action Notification. All munication requirements and needs. broadcast station licensees are required RADIO SERVICES to install, maintain, and operate radio Interim Basic Land Transportation In­ § 9 3 .1 6 2 Definition of terms. receiving equipment for receipt of the dustries Communications Emer­ (a) National Defense Emergency Au­ Emergency Action Notification at this level. gency Plan for Emergency Opera­ thorization (NDEA). A National Defense Emergency Authorization is an author­ (4) Fourth method. Off-the-air moni­ tion ization issued by the Federal Communi­ toring of standard, FM, and TV broad­ 1. The Commission has under con­ cations Commission to the licensees of cast stations by the general public who sideration a formal recommendation of land transportation stations, subject to are listening or viewing or whose re­ the Executive Committee of the National the provisions of this part, for operation ceivers can be activated by standardized Industry Advisory Committee (NIAC), in accordance with the Interim Basic selective signalling transmitted by said which was submitted April 3,1969, for an Land Transportation Industries Com­ Stations. Interim Basic Land Transportation In­ munications Emergency Plan (LATI (e) Emergency action condition ter­ dustries Communications Emergency CEP) including the annexes and supple­ mination. The Emergency Action Condi­ Plan (LATICEP) for operation during a ments to that plan. tion Termination is the notice to all grave National crisis or war. (b) Emergency action notification. The licensees and regulated services of the 2. Executive Order 11092 places upon Emergency Action Notification is the Federal Communications Commission the Commission various functions in­ notice (with or without an Attack and to the general public of the termina­ cluding the development of plans and Warning) to all licensees and regu­ tion of an Emergency Action Condition. procedures covering authorization, op­ lated services of the Federal Commu­ The Emergency Action Condition Termi­ eration and use of Safety and Special nications Commission and to the nation is released upon direction of the Radio Service facilities and personnel in general public of the existence of an President of the United States and is the national interest in an emergency. Emergency Action Condition. The Emer­ disseminated only via the Emergency Ac­ 3. The adoption of the proposed In ­ gency Action Notification is released tion Notification System. terim Basic LATICEP will permit work upon direction of the President of the § 93.163 Emergency operation. to commence upon development of de­ United States and is disseminated only tailed regional and local emergency plans via the Emergency Action Notification (a) A National Defense Emergency which, after approval will become part System. Authorization will be issued on a system of the LATICEP. The Interim Basic Plan basis by the Commission to those li­ (c) Emergency action condition. The censees who are engaged in essential ac­ will be further refined and revised as ex­ Emergency Action Condition is the perience dictates and will be reissued at tivities for which an approved National period of time between the transmission Industry Advisory Committee Emergency a later date as a Final Basic Plan. of an Emergency Action Notification and 4. The immediate adoption of the In­ Plan has been adopted, provided, the li­ the transmission of the Emergency Ac­ censee has submitted to the Commission terim Basic Plan is justified for reasons tion Condition Termination. of national security. It may therefore be a certification of willingness to partici­ adopted without regard to the notice and (d) Emergency action notification sys­ pate in and conform to the emergency effective date provisions of the Adminis­ tem. The Emergency Action Notification communications plan applicable to his trative Procedure Act (5 U.S.C. 553). System is the system by which all licens­ stations licensed under this part for 5. It is ordered, Pursuant to sections ees and regulated services of the Federal which coverage is desired, has certified 4(i), 606 (c) and (d) of the Commmuni- Communications Commission, and the thereon a willingness to interconnect cations Act of 1934, as amended, and general public, are notified . (with or facilities where necessary with those of Executive Order 11092, that the Interim without an Attack Warning) of the exist­ ence of an Emergency Action Condition similar licensees and to cooperate with Basic Land Transportation Industries such licensees in providing emergency Emergency Communications Plan resulting from a grave national crisis or (Mar. 20, 1969) is adopted, and war. The Emergency Action Notification communications. Once issued, a National 6. It is further ordered, That, effective System consists only of the following Defense Emergency Authorization is ef­ September 19, 1969, Part 93 of the Com­ approved facilities, systems, and fective for each station in the system mission’s rules is amended as set forth arrangements: concurrently with the regular license for below. (1) First method. From the Presidentthat station. A National Defense Emer­ of the United States via the White House gency Authorization may be terminated i Chairman Hyde absent. Communications Agency to the Associ­ by the Commission upon a finding that,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14471 for any reason, the facilities are no long­ Clarence Rhode National Wildlife (3) Landing of aircraft on Unimak er capable of providing effective emer­ Range, Post Office Box 340, Bethel, Island or taking aircraft off from Unimak gency communications in accordance Aloclfo QQRRQ Island, while transporting big game or with the National Industry Advisory Izembek National Wildlife Range, Cold big game hunters, is restricted to the fol­ Committee Emergency Plan concerned. Bay, Alaska 99571. lowing areas: (b) Over and above the permissive Kenai National Moose Range, Box 500, Area No. 1. The airstrip situated at the provisions of all applicable rules and not Kenai, Alaska 99611. village of False Pass. withstanding any provisions of this Kodiak National Wildlife Refuge, Box. Area No. 2. The airstrip situated at chapter or license restrictions to the con­ 825, Kodiak, Alaska 99615. Cape Sarichef. trary, systems covered by a National De­ Nunivak National Wildlife Range, Post Area No. 3. The waters of all lakes, fense Emergency Authorization and op­ Office Box 346, Bethel, Alaska 99559. bays, and lagoons on or adjacent to Unimak Island. erated by licensees participating in the §32.22 Special regulations; upland Land Transportation Industries Com­ game; for individual wildlife refuge Arctic National Wildlife Range, 1412 munications Emergency Plan (LATI areas. Airport Way, Fairbanks, Alaska 99701. CEP) are authorized to operate in ac­ Bering Sea National Wildlife Refuge, cordance with the provisions of this Upland game may be hunted on the Post Office Box 346, Bethel, Alaska 99559. paragraph under the emergency condi­ following refuge areas: Special condition. A Federal permit is tions and for the periods of time speci­ Aleutian Islands National Wildlife required to enter the refuge. Permits may fied above: Refuge, Cold Bay, Alaska 99571. be obtained from the Refuge Supervisor, (1) To share facilities with, or inter­ Special condition. Exception Amchitka, Bureau of Sport Fisheries and Wildlife, connect with, any other communications Alaska Room 412, Cordova Building, 550 Cordova facilities necessary to accomplish trans­ Arctic National Wildlife Range, 1412 Street, Anchorage, Alaska 99501. portation industry’s communications re­ Airport Way, Fairbanks, Alaska 99701. Izembek National Wildlife Range, Cold quirements where such sharing and/or Clarence Rhode National Wildlife Bay, Alaska 99571. interconnection is mutually acceptable. Range, Post Office Box 346, Bethel, Special condition. The landing of air­ (2) To use mobile frequencies to pro­ Alaska 99559. craft is prohibited except in the event of vide point-to-point services and to effect Izembek National Wildlife Range, Cold emergency. tie-ins between established fixed services. Bay, Alaska 99571. Kenai National Moose Range, Box 500, (3) To use any type of modulation, in­ Special condition. The landing of air­ Kenai, Alaska 99611. cluding multiplex, so long as the occu­ craft is prohibited except in the event of Special conditions. (1) Except in the pied bandwidth does not exceed that emergency. event of an emergency, the landing of normally authorized on the frequency Kenai National Moose Range, Box 500, aircraft on that portion of the Kenai involved, and to use any operating power Kenai, Alaska 99611. National Moose Range located south of not exceeding the maximum specified Special conditions. (1) Except in the the Sterling Highway is restricted to the under Part 93, subject to mutual resolu­ event of an emergency, the landing of following*: tion of any resulting interference. aircraft on that portion of the Kenai a. All lakes, streams, and other bodies (4) To test periodically any facility National Moose Range located south of of water except the following named established for emergency use under this the Sterling Highway is restricted to the lakes which are closed to aircraft use: section. following: Cirque, Benchland, Timberline, Trophy, [F.R. Doc. 69-11078; Piled, Sept. 16, 1969; a. All lakes, streams, and other bodies Upper Jean, Watson and those lakes in 8:48 a.m.] of water except the following named the Skilak Loop Recreational Area be­ lakes which are closed to aircraft use: tween the Sterling Highway and Skilak Cirque, Benchland, Timberline, Trophy, Lake. Upper Jean, Watson, and those lakes in b. The landing of wheeled aircraft Title 50— WILDLIFE AND the Skilak Loop Recreational Area be­ south of the Sterling Highway and the tween the Sterling Highway and Skilak landing of aircraft on any glacier or snow FISHERIES Lake. field is prohibited. Chapter I— Bureau of Sport Fisheries b. The landing of wheeled aircraft (2) The use of motorized vehicles is south of the Sterling Highway and the restricted to the established maintained and Wildlife, Fish and Wildlife landing of aircraft on any glacier or road system. Service, Department of the Interior snow field is prohibited. The provisions of these special regula­ PART 32'— HUNTING (2) The use of motorized vehicles istions supplement the regulations which restricted to the established maintained govern hunting on wildlife refuge areas Certain National Wildlife Refuges in road system. generally and which are set forth in Title Alaska Kodiak National Wildlife Refuge, Box 50, Code of Federal Regulations, Part 32, The following regulations are issued 825, Kodiak, Alaska 99615. and are effective through June 30, 1970. and are effective on date of publication Special condition. Except in the event Henry B aetkey, In tiie F ederal R egister. These regula­ of an emergency, the landing of aircraft Acting Regional Director, Bu­ tions apply to public hunting on portions on the Kodiak National Wildlife Refuge reau of Sport Fisheries and of certain national wildlife refuges in is restricted to the lakes, streams, and Wildlife, Portland, Oreg. Alaska. other bodies of water. S eptember 9, 1969. General conditions. Hunting shall be Nunivak National Wildlife Range, Post [F.R. Doc. 69-11081; Filed, Sept. 16, 1969; in accordance with applicable State reg­ Office Box 346, Bethel, Alaska 99559. 8:48 a.m.] ulations. Information relative to hunt­ § 32.32 Special regulations; big game; ing may be obtained from Refuge PART 32— HUNTING Managers addressed to respective for individual wildlife refuge areas. refuges. Big game animals may be hunted on. Kirwin National Wildlife Refuge, § 32.12 Special regulations; migratory the following refuge areas: Kans. game birds; for individual wildlife Aleutian Islands National Wildlife The following special regulation is refuge areas. Refuge, Cold Bay, Alaska 99571. issued and is effective on date of publi­ Migratory game birds may be hunted Special conditions. (1) Species per­ cation in the F ederal R egister. on the following refuge areas: mitted to be taken: Caribou on the Aleutian Islands National Wildlife islands of Atka, Unimak, and Adak; §32.22 Special regulations; upland brown bear on the island of Unimak. game; for individual wildlife refuge Refuge, Cold Bay, Alaska 99571. areas. Special condition. Hunting permitted (2) A Federal permit is required to K ansas only on Unimak, Adak, Attu, Shemya, take brown bear on Unimak Island. Per­ and Atka. mits may be obtained from the Refuge KIRWIN NATIONAL WILDLIFE REFUGE Arctic National Wildlife Range, 1412 Manager, Aleutian Islands National Public hunting of pheasants, quail, Airport Way, Fairbanks, Alaska 99701. Wildlife Refuge, Cold Bay, Alaska 99571. cottontail rabbits, crows, and fox squir-

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178----- 3 14472 RULES AND REGULATIONS rels on the Kirwin National Wildlife grouse only. This ruffed grouse only pub­ uge checking station over roads between Refuge, Kans., is permitted only on the lic hunting area is delineated on a map Units 1 and 2 and Units 2 and 3 . area designated by signs as open to hunt­ available at the refuge headquarters and The provisions of this special regula­ ing. This open area, comprising 3,300 from the office of the Regional Director, tion supplement the regulations which acres, is delineated on maps available at Bureau of Sport Fisheries and Wildlife, govern hunting on wildlife refuge areas refuge headquarters, 5 miles west of Kir­ Federal Building, Fort Snelling, Twin generally which are set forth in Title 50, win, Kans., and from the office of the Cities, Minn. 55111. Code of Federal Regulations, Part 32, and Regional Director, Bureau of Sport Fish­ Hunting shall be in accordance with are effective through November 30, 1969. eries and Wildlife, Post Office Box 1306, all applicable State regulations during Albuquerque, N. Mex. 87103. Hunting the seasons specified below. The hunting L loyd F. G unther, shall be in accordance with all applicable of upland game species as may be other­ Refuge Manager, Bear River Mi­ State regulations governing the hunting wise authorized by Minnesota State gratory Bird Refuge, Brigham of pheasants, quail, cottontail rabbits, regulations is prohibited. City, Utah. crows, and fox squirrels subject to the Open seasons: Ruffed grouse— (1st S eptember 5, 1969. following special conditions: season) Sunrise September 27, 1969, [F.R. Doc. 69-11044; Filed, Sept. 16, 1969; (1) The open season for hunting through November 22, 1969. Ruffed 8:45 a.m.] pheasants on the refuge extends from grouse— (2d season) Sunrise Novem­ November 8, through December 31, 1969, ber 19, 1969, through November 30, 1969. inclusive. Gray and fox squirrels—Sunrise Septem­ PART 32— HUNTING (2) The open season for hunting quail ber 27, 1969, through December 31, 1969. on the refuge extends from November 15, Cottontail, jack, and snowshoe rabbits— Holla Bend National Wildlife Refuge, 1969, through January 15,1970, inclusive. Sunrise September 27, 1969, through Ark. (3) The open season for hunting March 1,1970. The following regulations are issued crows on the refuge extends from Octo­ The provisions of this special regula­ and are effective on date of publication tion supplement the regulations which ber 4, 1969, through January 15, 1970, in the F ederal R egister. inclusive. govern hunting on wildlife refuge areas (4) The open season for hunting cot­ generally which are set forth in Title 50, § 32.32 Special regulations; big game; tontail rabbits and fox squirrels on the Code of Federal Regulations, Part 32, for individual wildlife refuge areas. refuge shall be only on those days during and are effective through March 1,1970. Arkansas the open season for the hunting of Claude R. Alexander, holla bend national w ildlife refuge pheasants and quail. Refuge Manager, Tamarac Na­ (5) Shotguns and bow and arrows are tional Wildlife Refuge, Ro­ Public hunting of white-tailed deer on legal weapons. Rifles or handguns will chert, Minn. the Holla Bend National Wildlife Refuge is permitted on 2,906 acres. The hunting not be permitted. S eptember 1, 1969. The provisions of this special regula­ area is delineated on maps available at [F.R. Doc. 69-11059; Filed, Sept. 16, 1969; refuge headquarters, Russellville, Ark., tion supplement the regulations which 8:46 a.m.] govern hunting on wildlife refuge areas and from the Regional Director, Bureau generally which are set forth in Title 50, of Sport Fisheries and Wildlife, Peach- tree-Seventh Building, Atlanta, Ga. Code of Federal Regulations, Part 32, PART 32— HUNTING and are effective through January 15, 30323. Hunting shall be in accordance with all applicable State regulations cov­ 1970. Bear River Migratory Bird Refuge, K eith S. Hansen, Utah ering the hunting of deer, subject to the Refuge Manager, Kirwin Na­ following special conditions: tional Wildlife Refuge, Kir­ The following special regulation is (1) Hunting dates are October 4, 5, win, Kans. issued and is effective on date of publica­ 11,12,18,19, 25, 26,1969. tion in the F ederal R egister: (2) Hunters may not enter the refuge S eptember 8, 1969. §32.22 Special regulations; upland earlier than 1 hour before official sunrise. [F.R. Doc. 69-11043; Filed, Sept. 16, 1969; game; for individual wildlife refuge 8:45 a.m.] (3) No firearms permitted. Long bow areas. and arrow only. U tah (4) No camping or fires permitted on PART 32— HUNTING bear river migratory bird refuge the refuge. Tamarac National Wildlife Refuge, The public hunting of pheasants on (5) All deer taken must be checked by refuge personnel before leaving the area. Minn. the Bear River Migratory Bird Refuge, Utah, is permitted from November 1, (6) No Federal permit required. The following special regulation is is­ 1969, through November 3 ^ 1969, inclu­ The provisions of this special regula­ sued and is effective on date of publica­ sive, but only on the area designated by tion supplement the regulations which tion in the F ederal R egister. signs as open to hunting. This open area, govern hunting on wildlife refuge areas §32.22 Special regulations; upland comprising 9,495 acres, is delineated on generally which are set forth in Title 50, game; for individual wildlife refuge maps and shown as Area A which are Part 32, and are effective through Octo­ areas. available at refuge headquarters and ber 31,1969. Minnesota from the Regional Director, Bureau of W . L. T ow ns, Sport Fisheries and Wildlife, Post Office TAMARAC NATIONAL WILDLIFE REFUGE Acting Regional Director, Bu­ Box 1396, Albuquerque, N. Mex. 87103. reau' of Sport Fisheries and Public hunting of ruffed grouse, gray Hunting shall be in accordance with Wildlife. and fox squirrels, cottontail, jack and all applicable State regulations govern­ snowshoe rabbits on the Tamarac Na­ ing the hunting of pheasants subject to S eptember 8, 1969. tional Wildlife Refuge, Rochert, Minn., the following special conditions: [F.R. Doc. 69-11096; Filed, Sept. 16, 1969; is permitted in the area designated by (1) No hunting is permitted from road­ 8:49 a.m.] signs as open to hunting. This open area ways or within 100 yards of roadways. comprising 12,500 acres is delineated on (2) Checking in and out—Each hunter a map available at the refuge headquar­ who enters Area A is required to register PART 32— HUNTING ters and from the office of the Regional at the checking station and check out Tamarac National Wildlife Refuge, Director, Bureau of Sport Fisheries and before leaving the refuge. Minn. Wildlife, Federal Building, Fort Snell- (3) Parking—Hunters may park cars ing, Twin Cities, Minn. 55111. only at designated area within refuge. The following special regulation is is­ An additional area of 18,000 acres will (4) To reach open hunting area, travel sued and is effective on date of publica­ be open for public hunting of ruffed is permitted on foot or bicycle from ref­ tion in the F ederal R egister.

FEDERAL REGISTER, VOL. 34, NO. 178-—WEDNESDAY, SEPTEMBER 17, 1969 RULES AND REGULATIONS 14473

§ 32.32 Special regulations; big game; the Regional Director, Bureau of Sport open area, comprising 25,300 acres, is de­ for individual wildlife refuge areas. Fisheries and Wildlife, Federal Building, lineated on a map available at the refuge headquarters, Lostwood, N. Dak., and .M innesota Fort Snelling, Twin Cities, 55111. The provisions of this special regula­ from the Regional Director, Bureau of TAMARAC NATIONAL WILDLIFE REFUGE tion supplement the regulations which Sport Fisheries and Wildlife, Federal Public hunting of big game on the govern hunting on wildlife refuge areas Building, Fort Snelling, Twin Cities, Tamarac National Wildlife Refuge, generally, which are set forth in Title 50, Minn. 55111. Hunting shall be in accord­ Rochert, Mirin., is permitted over the en­ code of Federal Regulations, Part 32, and ance with all applicable State regula­ tire refuge with the exception of those are effective through November 10, 1970. tions and the following special condi­ areas designated as “Area Beyond This Claude R. Alexander, tions: Sign Closed”. The open area, comprising Refuge Manager, Tamarac Na­ 1. Vehicle travel restricted to public 42,000 acres, is delineated on maps avail­ tional Wildlife Refuge, Roch­ highways and refuge entrance road from able at refuge headquarters, Rochert, ert, Minn. State Highway No. 8 to refuge head­ Minn. 56578, and from the office of the quarters. All other roads and trails are Regional Director, Bureau of Sport Fish­ S eptem ber 1, 1969. closed to vehicles. eries and Wildlife, Federal Building, Fort [F.R. Doc. 69-11058; Filed, Sept. 16, 1969; 2. A 1-square-mile area around the Snelling, Twin Cities, Minn. 55111. 8:46 a.m.] headquarters complex will be closed to Hunting shall be in accordance with all hunting, and marked by “Closed Area” signs. applicable State regulations covering the PART 32— HUNTING hunting of deer and black bear and sub­ The provisions of this special regula­ ject to the following conditions. Lostwood National Wildlife Refuge, tion supplement the regulations which (1) The open season for hunting deer N. Dak. govern hunting on wildlife refuges gen­ and black bear, with legal firearms, is erally, which are set forth in Title 50, from sunrise to sunset, November 8,1069, §32.32 Special regulations; big game; Code of Federal Regulations, Part 32, through November 10,1969. for individual wildlife refuge areas. and are effective through January 1, 1970. (2) The open season for hunting deer North Dakota J ames E . F rates, and black bear, with legal bow and arrow LOSTWOOD NATIONAL WILDLIFE REFUGE Refuge Manager, Lostwood Na­ is permitted from sunrise October 4,1969, Public hunting of deer on the Lost- tional Wildlife Refuge, Lost- through October 31, 1969, on the 12,500 wood, N. Dak. acre area designated by signs as open to wood National Wildlife Refuge, N. Dak., hunting. This area is delineated on maps is permitted only on the area designated S eptem ber 9, 1969. available at refuge headquarters, Roch­ by signs as open to hunting during the JF.R. Doc. 69-11042; Filed, Sept. 16, 1969; ert, Minn. 56578, and from the office of period November 7 through 16,1969. This 8:45 a m .]

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14474 Proposed Rule Making

Agriculture, Room 11?, Administration DEPARTMENT OF THE INTERIOR DEPARTMENT OF AGRICULTURE Building, Washington, D.C. 20240, not later than 5 days after publication of Consumer and Marketing Service Fish and Wildlife Service this notice in the F ederal R egister. All [ 7 CFR Part 989 1 written submissions made pursuant to [ 50 CFR Parts 32, 33 1 this notice will be made available for HUNTING AND FISHING RAISINS PRODUCED FROM GRAPES public inspection at the office of the GROWN IN CALIFORNIA Hearing Clerk during regular business List of Open Areas; Migratory Birds hours (7 CFR 1.27(b)). and Sport Fishing Proposal To Change Desirable Free Tonnage for Natural Thompson Dated: September 12,1969. Notice is hereby given that pursuant to Seedless Raisins P aul A. Nicholson, the authority vested in the Secretary of Deputy Director, the Interior by the Migratory Bird Con­ Notice is hereby given of a proposal to Fruit and Vegetable Division. servation Act of February 18, 1929, as change the “desirable free tonnage” as [F.R. Doc. 69-11099; Filed, Sept. 16, 1969; amended (45 Stat. 1222; 16 U.S.C. 715), set forth in § 989.54(a) for natural 8:49 a.m.] it is proposed to amend 50 CFR 32.11 and Thompson Seedless raisins from 140,000 33.4 by the addition of the Bear Lake Na­ tons to 134,000 tons. This action would tional Wildlife Refuge, Idaho, to the list be in accordance with § 989.54(a) of the [ 7 CFR Part 989 1 of wildlife refuge areas open to the public marketing agreement, as amended, and for the hunting of migratory game Order No. 989, as amended (7 CFR Part RAISINS PRODUCED FROM GRAPES birds and sport fishing as legislatively 989) , regulating the handling of raisins GROWN IN CALIFORNIA permitted. produced from grapes grown in Califor­ It has been determined that the regu­ nia. The amended marketing agreement Proposals To Designate Preliminary lated hunting of migratory game birds and order are effective under the Agricul­ Free Tonnage Percentage for Nat­ and sport fishing may be permitted on tural Marketing. Agreement Act of 1937, ural Thompson Seedless Raisins the Bear Lake National Wildlife Refuge as amended (7 U.S.C. 601-674). The and To Designate Certain Countries without detriment to the objectives for proposal was recommended by the Raisin for Export Sale by Handlers of Re­ Administrative Committee, established which the area was established. serve Tonnage Raisins It is the policy of the Department of under the said marketing agreement and the Interior, whenever practicable, to af­ order. Notice is hereby given of proposals to ford the public an opportunity to partici­ The tonnage of raisins of any varietal designate for natural Thompson Seedless pate in the rulemaking process. Accord­ type which can be sold as free tonnage raisins for the 1969-70 crop year: (1) a ingly, interested persons may submit during a crop year is designated in preliminary free tonnage percentage written comments, suggestions, or objec­ § 989.54(a) as “desirable free tonnage” which would release not less than 65 tions, with respect to this proposed and, until changed, such tonnage for percent of the proposed desirable free amendment, to the Director, Bureau of natural Thompson Seedless raisins is tonnage for such raisins of 134,000 tons, Sport Fisheries and Wildlife, Washing­ fixed at 140,000 tons. The Committee has as set forth in the notice of proposed ton, D.C. 20240, within 30 days of the reviewed, as provided in § 989.54(a), rule making with respect thereto which date of publication of this notice in the shipment data and other matters relat­ is also published in this issue of the F ederal R egister. ing to the desirable free tonnage for F ederal R egister; and (2) certain 1. Section 32.11 is amended by the ad­ 1969-70. countries for export sale by handlers of dition of the following area as one where Shipments of free tonnage natural reserve tonnage raisins. The. designa­ hunting of migratory game birds is au­ Thompson Seedless raisins for the 1968- tions would be in accordance with thorized: 69 crop year are reported by the Com­ §§ 989.54, 989.55, and 989.67 of the mar­ mittee to be 135,283 tons, with average keting agreement, as amended, and § 32.11 List of open areas; migratory shipments of such raisins for the 4 crop Order No. 989, as amended (7 CFR Part birds. years ending with the 1967-68 crop year 989), regulating the handling of raisins * * * * * to be 139,923 tons. The carryover of free prodùced from grapes grown in Cali­ I daho tonnage on September 1, 1969, also is re­ fornia. The amended marketing agree­ ported to be 28,332 tons. The proposed ment and order are effective under the Bear Lake National Wildlife Refuge. desirable free tonnage of 134,000 tons of 4c * * * * Agricultural Marketing Agreement Act 1969-70 crop natural Thompson Seedless of 1937, as amended (7 Ù.S.C. 601-674). 2. Section 33.4 is amended by the addi­ raisins when added to the carryover The proposals were recommended by the tion of the following area as one where should provide ample tonnage for ship­ Raisin Administrative Committee, es­ sport fishing is authorized: ment as free tonnage during the 1969-70 tablished pursuant to said marketing crop year and a satisfactory carryout agreement and order. § 33.4 List of open areas; sport fishing. at the end of the crop year for free ton­ * * 4c * ' ' * nage shipments early in the 1970-71 crop As to the first proposal, release of not I daho year until new crop raisins become less than 65 percent of the proposed desirable free tonnage of natural Bear Lake National Wildlife Refuge. available. No desirable free tonnage is proposed Thompson Seedless raisins of 134,000 4c 4c 4« 4« 4c for varietal types other than natural tons would provide an ample quantity September 12, 1969. Thompson Seedless raisins because no (i.e., approximately 87,100 tons) of such raisins for shipment as free tonnage Abram V. T unison, volume regulation is contemplated for them in the 1969-70 crop year. during the September-February period Acting Director, Bureau of of the 1969-70 crop year. During the Sport Fisheries and Wildlife. All persons who desire to submit writ­ ten data, views, or arguments in connec­ same period of the 1968-69 crop year, S eptember 12,1969.. tion with the aforesaid proposal should actual shipment of free tonnage raisins [F.R. Doc. 60-11060; Filed, Sept. 16, 1969; file the same, in quadruplicate, with the amounted to approximately 79,200 tons. 8:47 a.m.] Hearing Clerk, U.S. Department of By February 15,1970, at the latest, a final

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 PROPOSED RULE MAKING 14475

free tonnage percentage is to be rec­ the tentative marketing agreements and R hode I sland ommended to the Secretary by the Com­ to the orders, regulating the handling of All cities and towns except New Shoreham mittee which would tend to release the milk in the Massachusetts-Rhode Island- (Block Island). New Hampshire and Connecticut mar­ full desirable free tonnage. As provided Proposal No. 2. Amend the Massachu­ in § 989.54(b), the difference between keting areas. The public hearing is for the purpose setts-Rhode Island-New Hampshire and any preliminary or final free tonnage Connecticut orders to define as dairy percentage and 100 percent shall be the of receiving evidence with respect to the economic and marketing conditions farmer for other market milk and to reserve percentage. exclude from producer milk status, milk As to the second proposal, the Com­ which relate to the proposed amend­ ments, hereinafter set forth, and any of a dairy farmer received at a pool plant, mittee has, pursuant to § 989.67(c), given if milk from the same farm(s) was re­ consideration to the pertinent factors appropriate modifications thereof, to the tentative marketing agreements and to ceived and priced as base producer milk enumerated in § 989.54 of the amended during the month at a plant fully subject marketing agreement and order and has the orders. The proposal relative to a redefinition to another Federal order providing a recommended the countries to which sale base-rating seasonal incentive payment in export of reserve tonnage natural of the Massachusetts-Rhode Island-New Hampshire marketing area raises the plan, or, if any milk was marketed as Thompson Seedless raisins may be made base milk under such other order as a by handlers. The countries recom­ issue whether the provisions of the pres­ ent order would tend to effectuate the result of transfer of earned base by such mended are the same as those currently dairy farmer. in § 989.221, which reads as follows: declared policy of the Act, if they are applied to the marketing area as pro­ Proposal No. 3. Amend § 1001.84 of The countries to which sale in export posed to be redefined and, if not, what the Massachusetts-Rhode Island-New of reserve tonnage natural Thompson modifications of the provisions of the Hampshire order and § 1015.89 of the Seedless raisins may be made by handlers order would be appropriate. Connecticut order, respectively, by in­ shall be all of those countries, other than The proposed amendments, set forth creasing the rate of adjustment for over­ Australia, outside of the Western Hemi­ below, have rîdt received the approval due producer-settlement fund accounts sphere. For the purposes of this section, from one-half of 1 percent to 1 percent. “Western Hemisphere” means the area of the Secretary of Agriculture. Proposed by Cabot Farmers’ Coopera­ Proposed by Cabot Farmers’ Coopera­ east of the international dateline and tive Creamery Co., Inc.; Concord Dairy; tive Creamery Co.; Milton Cooperative west of 30° W. longitude but excluding Connecticut Valley Dairy, Inc.; Consoli­ Dairy Corp.; Richmond Cooperative As­ all of Greenland and Mexico. All of the dated Milk Producers Association; Dairy­ sociation, Inc.; St. Albans Cooperative countries covered by this section to which men’s League Cooperative Association, Creamery, Inc.; United Farmers of New sale in export of such reserve tonnage Inc.; Maine Dairymen’s Association; England, Inc.; and White River Valley may be made shall be deemed listed in Milton Cooperative Dairy Corporation; Dairies, Inc.: this section for purposes of §. 989.67(c). New England Milk Producers Association, Proposal No. 4. Amend § 1001.27 of All person who desire to submit writ­ Inc.; Northern Farms Cooperative, Inc.; the Massachusetts-Rhode Island-New ten data, views, or arguments in connec­ Producers Dairy Co., Brockton; Pro­ Hampshire order to revise the basis for tion with the aforesaid proposals should ducers Dairy Co., Nashua; Richmond limiting diversions as specified in sub- file the same, in quadruplicate, with the Cooperative Association, Inc.; St. Albans paragraph (a) (1) of said section. In lieu Hearing Clerk, U.S. Department of Agri­ Cooperative Creamery, Inc.; United thereof, provide that milk reported as culture, Room 112, Administration Build­ diverted pursuant to paragraph (a) Farmers of New England; and White shall be subject to the following con­ ing, Washington, D.C. 20250, not later River Valley Dairies, Inc. : ditions: than October 4, 1969. All written submis­ Proposal No. 1. Expand the presently sions made pursuant to this notice will 1. In any month the total of such be made available for public inspection defined Massachusetts-Rhode Island- diversions shall not exceed 50 percent of New Hampshire marketing area to in­ the combined volume of producer milk to at the office of the Hearing Clerk during clude all of Massachusetts except Berk­ regular business hours (7 CFR 1.27(b)). be accounted for by the handler at all his shire and Nantucket Counties. To this pool plants, except that no more than 25 Dated: September 12,1969. end, § 1001.2 is proposed to be amended percent of such combined volume may P aul A. Nicholson, as follows: be diverted to nonpool plants; and Deputy Director, § 1001.2 Massachusetts-Rhode Island- 2. During any month of August Fruit and Vegetable Division. New Hampshire marketing area. through November, such milk may be [F.R. Doc. 69-11100; Filed, Sept. 16, 1969; “Massachusetts - Rhode Island - New moved as diverted milk from individual 8:40 a.m.] farms no more than 14 days (7 days in Hampshire marketing area” referred to the case of every other day delivery), in this part as the “marketing area”, except as the provisions of present sub- [ 7 CPR Parts 1001, 1015 1 means all territory within the places paragraph (2) may apply. [Dockets Nos. AO-14-A47, AO-305-A24] listed below, all waterfront facilities con­ Proposal No. 5. Amend § 1001.57 of nected therewith and craft moored the Massachusetts-Rhode Island-New MILK IN THE MASSACHÜSETTS- Hampshire order by reversing para­ thereat, and all territory therein occu­ graphs (c) and (d) to provide the same RHODE ISLAND-NEW HAMPSHIRE pied by any governmental installation, AND CONNECTICUT MARKETING Class I assignment sequence with regard institution, or other establishment: to receipts from a handler’s pool plant AREAS Massachusetts or system of pool plants as is now pro­ vided with respect to receipts from pool Notice of Hearing on Proposed All counties except B erk sh ire and Amendments to Tentative Market­ Nantucket. plants of other handlers pursuant to paragraph (b). ing Agreements and Orders New Ham pshire Proposal No. 6. Amend § 1001.25 of Pursuant to the provisions of the Agri­ counties the Massachusetts-Rhode Island-New cultural Marketing Agreement Act of Belknap. Rockingham^ Hampshire order by deleting paragraphs 1937, as amended (7 Ü.S.C. 601 et seq.), Hillsboro. Stafford. (c), (d) and (f) . and the applicable rules of practice and Merrimack. Proposed by Massachusetts Coopera­ procedure governing the formulation of CITIES AND TOWNS tive Milk Producers Federation, Inc.: marketing agreements and marketing Proposal No. 7. Amend § 1001.10(d) of orders (7 CFR Part 900), notice is hereby Ashland. Keene. Bridgewater. Marlborough. the Massachusetts-Rhode Island-New given of a public hearing to be held at the Bristol. Nelson. Hampshire milk marketing order so as to Sheraton Yankee Drummer Inn, Exit 10, Dublin. Plymouth. permit producer-handlers with route Massachusetts Turnpike, Auburn, Mass., Harrisville. Roxbury. sales of less than 2,150 pounds per day beginning at 10 a.m., on October 21,1969, Holderness. Sullivan. per month to purchase fluid milk prod­ with respect to proposed amendments to Jaffrey. ucts from other producer-handlers in

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14476 PROPOSED RULE MAKING the same volume category without loss marketing agreement and the order § 128a.401 Definitions. of exemption from the pooling provisions conform with any amendments thereto (a) Breaded shrimp. As used in this of the order. that may result from this hearing. Part 128a, the term “breaded shrimp” Proposed by Idlenot Farm Dairy, Inc.: Copies of this notice of hearing and the means any form of frozen raw breaded Proposal No. 8. Amend § 1001.35(b) (1) order may be procured from the market shrimp or frozen raw lightly breaded of the Massachusetts-Rhode Island-New administrators of the respective orders at shrimp which complies with or is in sem­ Hampshire order to provide that a pool 230 Congress Street, Room 403, Boston, blance of that defined in §§ 36.30 and distributing plant must have not less Mass. 02110; and 1049 Asylum Avenue, 36.31 respectively of this chapter. than 40 percent of its total receipts of Hartford, Conn. 06105 ; or from the Hear­ (b) Peeling. For the purpose of this fluid milk products disposed of as route ing Clerk, Room 112-A, Administration Subpart E, the term “peeling” shall in­ disposition in the marketing area or in Building, U.S. Department of Agricul­ clude the operation whereby raw shrimp the alternative, amend the order to pro­ ture, Washington, D.C. 20250 or may be are prepared to comply with § 36.30(c) vide for the pricing of Class I milk sold there inspected. of this chapter and, where applicable, the outside the marketing area at the blend alimentary canal or vein is removed. price for that area rather than at the Signed at Washington, D.C., on Sep­ Class I price. In conjunction with the tember 12, 1969. § 128a.402 Current good manufacturing practice (sanitation). latter alternative, provide also that the J ohn C. B lum, same percentage of Class II milk be Deputy Administrator, The criteria in Part 128 of this chap­ exempt from pooling as the percentage of Regulatory Programs. ter shall apply in determining whether the “out of area” sales bears to total [F.R. Doc. 69-11101; Filed, Sept. 16, 1969; the facilities, methods, practices, and fluid milk products received at the 8:50 a.m.] controls for the manufacture, processing, plant. packing, or holding of fish and seafood Proposed by Massachusetts Coopera­ products are in conformance with and tive Milk Producers Federation, Inc.: are operated or administered in con­ Proposal No. 9. Amend § 1001.37 of formity with good manufacturing prac­ the Massachusetts-Rhode Island-New DEPARTMENT OF HEALTH, EDU­ tice to produce, under sanitary condi­ Hampshire order as follows: tions, food for human consumption. The a. Substitute the following new para­ CATION, AND WELFARE criteria in §§ 128a.403 through 128a.407 graph (b ): set forth requirements in addition to (b) For the month of July it is a plant Food and Drug Administration those in §§ 128.3 through 128.8 of from which at least 25 percent, and for E 21 CFR Part 128a 1 this chapter for the breaded shrimp any of the months of August through industry. November it is a plant from which at HUMAN FOODS; CURRENT GOOD § 128a.403 Plants and grounds. least 35 percnt of its total receipts of MANUFACTURING PRACTICE (SAN­ milk from dairy farmers’ farms is ITATION) IN MANUFACTURING, (a) Unloading platforms shall be: shipped as fluid milk products, other (1) Made of a readily cleanable mate­ PROCESSING, PACKING OR rial. than as diverted milk: HOLDING (1) To pool distributing plants; or (2) Equipped with drainage facilities (2) To plants to which qualifying Proposal Regarding Frozen Breaded adequate to accommodate all seepage and shipments may be made under any New Shrimp wash water. England Federal order and a greater (b) The product shall be so processed quantity of fluid milk products is shipped Observations by the Food and Drug as to prevent contamination by exposure to pool distributing plants under this Administration in plants preparing to areas involved in earlier processing order than to the other plants. frozen breaded shrimp have revealed a steps, refuse, or other objectionable (b) Substitute the following new sub- need for uniform sanitation standards. areas. In view of this, the Commissioner of paragraphs (2) and (3) in paragraph § 128a.404 Equipment and utensils. ( c ) : Food and Drugs proposes the following (2) The plant does not qualify for pool regulations setting forth specific manu­ (a) All food-contact surfaces (tanks, plant status under another New England facturing practice (sanitation) require­ belts, tables, flumes, utensils, and other Federal order on the basis of shipments ments regarding frozen breaded shrimp. equipment) shall be of metal or other readily cleanable materials. of fluid milk products which exceed those Accordingly, pursuant to the pro­ made to pool distributing plants under (b) All seams shall be smoothly sol­ this order, and the group of plants, con­ visions of the Federal Food, Drug, and dered, welded, or bonded to prevent ac­ sidered as a unit, meets shipping require­ Cosmetic Act (secs. 402(a) (4), 701(a), cumulation of shrimp, shrimp material, ments at least 5 percent above those 52 Stat. 1046, 1055; 21 U.S.C. 342(a)(4), and debris. specified in paragraph (b) of this 371 (a) ) and under the authority dele­ (c) Each freezer and cold storage com­ section. gated to the Commissioner of Food and partment used for raw materials, mate­ (3) To qualify as a pool supply plant rials in process, or finished products shall Drugs (21 CFR 2.120), it is proposed that be fitted with at least the following: under this paragraph in November of the following new Part 128a be added any year, the plant, considered individ­ (1) An automatic control for regulat­ ually, shall have met the shipping re­ to Chapter I of Title 21:' ing temperature, or an automatic alarm system to indicate a significant tempera­ quirements specified in paragraph (b) of PART 128a— FISH AND SEAFOOD ture change in a manual operation. this section in at last two of the months PRODUCTS (2) An indicating thermometer so in­ of July through October of that year. stalled as to show accurately the tem­ c. Amend the first sentence of para­ Subpart E— Frozen Raw Breaded perature within the compartment. graph (d) by striking the numeral “15” Shrimp (3) A recording thermometer so in­ and substituting therefor the numeral Sec. stalled as to indicate accurately at “25”. 128a.401 Definitions. all times the temperature within the Proposal No. 10. Amend paragraph (b) 128a.402 Current good manufacturing prac­ compartment. of § 1015.16 of the Connecticut order to tice (sanitation). (d) Thermometers or other tempera­ 128a.403 Plants and grounds. ture measuring devices shall have an ac­ comport with the modifications set forth 128a.404 Equipment and utensils. in Proposal No. 9 for the Massachusetts- 128a.405 Sanitary facilities and controls. curacy of ± 2° F. Rhode Island-New Hampshire order. 128a.406 Sanitary operations. § 128a.405 Sanitary facilities and con­ Proposed by the Dairy Division, Con­ 128a.407 Processes and controls. trols. sumer and Marketing Service: Authority : The provisions of this Part (a) Adequate hand-washing and sani­ Proposal No. 11. Make such changes 128a issued under secs. 402(a) (4), 701(a), 52 tizing facilities shall be located in the as may be necessary to make the entire Stat. 1046, 1055; 21 U.S.C. 342(a) (4), 371(a). processing area, easily accessible from

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 PROPOSED RULE MAKING 14477 the peeling and subsequent processing frozen or in a continuous waterflow thaw (e) Packing. (1) Manual manipula­ operations. tank or spray system. tion of breaded shrimp shall be kept to (b) Readily understandable signs di­ (2) When a thaw tank is used, shrimp a minimum. recting employees handling shrimp to should not remain in the tank any longer (2) The outer layers of the finished wash and sanitize their hands after each than %, hour after they are thawed. product package and the master carton absence from post of duty shall be con­ shall bear a caution to keep the product spicuously posted in the peeling and sub­ (3) Shrimp entering the thaw tank sequent processing areas and elsewhere in should be free of exterior packaging ma­ thoroughly frozen and not to refreeze. the plant as conditions require. terial and substantially free of liner (3) Permanently legible code marks (c) Offal, debris, or refuse from any material. shall be placed on every finished pack­ source whatsoever shall not be allowed to (4) Shrimp exiting from the thaw age and master carton. Such marks accumulate. Offal shall be placed in suit­ tank shall be washed with a vigorous should identify at least the date of pack­ able, covered containers and shall be re­ water spray. ing and the plant where packed. moved not less than once daily, or shall (c) Peeling operation. (1) Shrimp (4) The aggregate processing time, be continuously removed by flumes, con­ excluding the time required for thawing veyors, or chutes. shall be peeled into flumes that immedi­ ately transport the meat portion from frozen raw material, shall be less than § 128a.406 Sanitary operations. the machines or peeling tables, except 2 hours. Processing time does not include (a) Batter application equipment, ex­ that shrimp may be peeled into seamless time in iced or refrigerated storage. cept that prescribed under § 128a.407(d) containers if the peeled meats are not (5) Breaded shrimp shall be placed (3), shall be flushed and sanitized at least held in such containers for more than into the freezer within 30 minutes after every 3 hours during plant operations. 20 minutes before being flumed or con­ it is packaged. All batter application equipment shall be veyed from peeling tables. If shrimp are (f) Freezing and cold storage. (1) The cleaned and sanitized at the end of the peeled into such containers, the contain­ freezing method used shall reduce the day’s operation. ers shall be cleaned and sanitized as temperature of the food product in all (b) Breading application equipment, often as may be necessary to maintain size packages to 32° F. within 12 hours excluding holding tanks and pneumatic them in a sanitary condition, but in no and shall produce a thoroughly frozen systems, shall be thoroughly cleaned and case less frequently than every 3 hours. product within 24 hours. sanitized at the end of the day’s Whenever a peeler is absent from his (2) After freezing, the food shall be operation. post of duty, the container used by such stored in such a manner that its tempera­ (c) All utensils used in processing and peeler shall be cleaned and sanitized be­ ture does not exceed 0° F. and shall be product-contact surfaces of equipment fore peeling is resumed. handled in such manner as will maintain shall be thoroughly cleaned and sanitized (2) Adequate sanitary drainage shall the thoroughly frozen condition. at least every 4 hours during operation; be provided to remove liquid waste from (g) Testing. The microbiological con­ however, this shall not apply to equip­ the peeling tables. dition of the operation shall be evaluated ment for which other specific minimum (3) Peeled shrimp being transported by the periodic collection and analysis cleaning times are established or to from one building of the plant to another of the in-line and finished product sam­ freezing equipment. shall be properly iced or refrigerated, ples coupled with sample-related inspec­ (d) Before beginning the day’s opera­ covered, and protected. tions. This evaluation should be made at tion, all utensils and product-contact (d) Batter and breading operation. least weekly; more often when problems surfaces of equipment, except for those (1) Shrimp shall be washed with a low- are encountered. prescribed under paragraph (b) of this velocity water spray just prior to the ini­ Any interested person may, within 30 section, shall be rinsed and sanitized. tial batter or breading application, days from the date of publication of this (e) Containers used to convey or store whichever comes first, except in those notice in the F ederal R egister, file with food shall not be handled in a manner instances where a predust application is the Hearing Clerk, Department of conducive to direct or indirect contami­ included in the process. Health, Education, and Welfare, Room nation of the contents. (2) In removing the batter or breading 5440, 330 Independence Avenue SW., mixes or other dry ingredients from mul- Washington, D.C. 20201, written com­ § 128a.407 Processes and controls. tiwalled bags; ments (preferably in quintuplicate) re­ (a) Raw materials. (1) Fresh shrimp (i) The outer layer of the bag shall garding this proposal. Comments may be shall be adequately washed, inspected, first be removed. accompanied by a memorandum or brief and culled to remove shrimp that are (ii) The bag shall be slit in the exposed in support thereof. filthy, putrid, or decomposed, and to re­ area. Dated: September 8, 1969. move all nonshrimp material. (iii) If the entire contents are not re­ (2) Every lot of shrimp that has been moved at one time, the remainder shall J . K . K irk , partially processed in another plant, in­ be protected against contamination. Associate Commissioner cluding frozen shrimp, shall be ade­ (3) Batter in enclosed equipment that for Compliance. quately inspected, and only clean, whole­ assures a batter temperature of not more [F.R. Doc. 69-11032; Filed, Sept. 16, 1969; some shrimp shall be processed. than 40p F. shall be disposed of at the 8:45 a.m.] (3) Fresh or partially processed end of each work day, but under no shrimp shall be so iced or otherwise circumstances less often than every 12 refrigerated at the time of receipt as to hours. result in an internal temperature of 40° (4) Batter, except for that prescribed DEPARTMENT OF F. or below, and the shrimp shall be under subparagraph (3) of this para­ maintained at 40° F. or below until they graph, shall be maintained at a tempera­ are to be processed. ture of 50° F. or below and shall be dis­ TRANSPORTATION (4) Frozen shrimp shall be stored at posed of at least every 3 hours during Federal Aviation Administration a temperature of 0° F. or below. operations and at the end of each day’s (5) Ingredients capable of supporting operation. [ 14 CFR Part 71 1 rapid bacterial growth shall be ade­ (5) Breading may be reused during a [Airspace Docket No. 69-SO-86] quately examined to assure that only day’s operation if it is sifted through a clean, wholesome materials are used in screen of Y* inch or smaller mesh. Bread­ TRANSITION AREA production. ing remaining in the breading applica­ Proposed Alteration (b) Defrosting of frozen shrimp. (1) tion equipment at the end of the day’s Defrosting shall be carried out in a sani­ operation may be reused within 20 hours The Federal Aviation Administration tary manner and by such methods that if it is sifted as set forth above and is considering an amendment to Part 71 the wholesomeness of the shrimp is not placed in freezer storage in a covered of the Federal Aviation Regulations that adversely affected; for example, in air at sanitary container. All material removed would alter the Paris, Tenn., transition 45° F. or below until other than hard by sifting shall be discarded. area.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14478 PROPOSED RULE MAKING

Interested persons may submit such [ 14 CFR Part 71 1 United States, this notice is submitted in consonance with the ICAO Inter­ written data, views, or arguments as [Airspace Docket No. 69-WE-28] they may desire. Communications should national Standards and Recommended be submitted in. triplicate to the Federal ADDITIONAL CONTROL AREA AND Practices. Aviation Administration, Area Manager, REPORTING POINT Applicability of International Stand­ Memphis Area Office, Air Traffic Branch, ards and Recommended Practices, by the Post Office Box 18097, Memphis, Tenn. Proposed Designation Air Traffic Service, FAA, in areas outside 38118. All communications received Notice of W ithdrawal and Notice of domestic airspace of the United States within 30 days after publication of this P roposed R ule Making is governed by Article 12 and Annex 11 notice in the F ederal R egister will be to the Convention on International Civil considered before action is taken on the On June 21, 1969, a notice of proposed Aviation (ICAO), which pertains to the proposed amendment. No hearing is con­ rule making was published in the F ed­ establishment of air navigation facil­ templated at this time, but arrangements eral R egister (34 F.R. 9718) stating that ities and services necessary to promoting for informal conferences with Federal the Federal Aviation Administration was the safe, orderly and expeditious flow of Aviation Administration officials may be considering an amendment to Part 71 civil air traffic. Its purpose is to insure made by contacting the Chief, Air Traf­ of the Federal Aviation Regulations that that civil flying on international air fic Branch. Any data, views, or argu­ would designate Control 1155 from the routes is carried out under uniform con­ ments presented during such conferences Avenal, Calif., VORTAC via the 226°T ditions designed to improve the safety must also be submitted in writing in radial to the Oakland Oceanic CTA/FIR and efficiency of air operations. accordance with this notice in order to boundary (Gateway Cypress IN T). This The International Standards and become part of the record for considera­ was proposed to provide an alternate Recommended Practices in Annex 11 tion. The proposal contained in this no­ access route for western Pacific air traf­ apply in those parts of the airspace tice may be changed in the light of com­ fic to and from the Los Angeles, Calif., under the jurisdiction of a contracting ments received. terminal area when existing routes are state, derived from ICAO, wherein air The official docket will be available temporarily closed for national defense traffic services are provided and also for examination by interested persons operations. whenever a contracting state accepts the at the Federal Aviation Administration, Interested persons were afforded an responsibility of providing air traffic Southern Regional Headquarters, Room opportunity to participate in the pro­ services over high seas or in airspace of 724, 3400 Whipple Street, East Point, Ga. posed rule making through the submis­ undetermined sovereignty. A contracting The Paris transition area described in sion of comments. All comments received state accepting such responsibility may § 71.181 (34 F.R. 4637) would be redesig­ were favorable. apply the International Standards and nated as: Subsequent to publication of the notice, Recommended Practices to civil aircraft it was determined that the proposed That airspace extending upward from 700 in a manner consistent with that adopted feet above the surface within a 5-mile radius Control .1155 would also be subject to for airspace under its domestic of Henry County Airport (lat. 36°20'15" N., temporary closure by the national de­ jurisdiction. long. 88°23'00" W.); within 3 miles each side fense operations. Accordingly, notice is In accordance with Article 3 of the of the 210° bearing from Paris RBN (lat. hereby given that the proposal con­ Convention on International Civil Avia­ 36*20'28" N., long. 88°22'46" W.), extending tained in the original notice of proposed tion, Chicago, 1944, state aircraft are ex­ from the 5-mile radius area to 8.5 miles rule making (34 F.R. 9718) is hereby southwest of the RBN; within 3 miles each empt from the provisions of Annex 11 withdrawn and the following proposal and its Standards and Recommended side of the 353° bearing from Paris RBN, ex­ is submitted in lieu thereof. tending from the 5-mile radius area to 8.5 Practices. As a contracting state, the miles north of the RBN; and that airspace The Federal Aviation Administration United States agreed by Article 3(d) extending upward from 1,200 feet above the is considering amendments to Part 71 that its state aircraft will be operated in surface ■within 9.5 miles east and 4.5 miles of the Federal Aviation Regulations international airspace with due regard west of the 353° bearing from Paris RBN, that would designate Control 1155 as extending from the RBN to 18.5 miles north; that airspace extending upward from for the safety of civil aircraft. within 5 miles each side of the 331° bearing 5,000 feet MSL within 5 miles each side Since this action involves, in part, the from Paris RBN, extending from the RBN of the San Luis Obispo, Calif., VORTAC designation of navigable airspace outside to the Paducah, Ky., transition area, exclud­ the United States, the Administrator has ing the portion within the State of Tennessee. 242° True (226° Magnetic) radial, in­ cluding the additional airspace within consulted with the Secretary of State and The application of Terminal Instru­ lines diverging at angles of 5° from the the Secretary of Defense in accordance ment Approach Procedures (TERPs) and centerline at the VORTAC, extending with the provisions of Executive Order current airspace criteria to the Paris from the U.S. coastline to the Oakland 10854. terminal area requires the following Oceanic CTA/FIR boundary. It is also Interested persons may participate in actions: proposed to designate the intersection of the proposed rule making by submitting 1. Increase the extension predicated the San Luis Obispo VORTAC 242° True such written data, views, or arguments on the 210° bearing from Paris RBN radial and the Oakland Oceanic CTA/ as they may desire. Communications 1 mile in width and 0.5 mile in length. FIR boundary as a reporting point at all should identify the airspace docket num­ 2. Increase the extension predicated altitudes (Gateway Pine). ber and be submitted in triplicate to the on the 353° bearing from Paris RBN This action would locate the access Director, Western Region, Attention: 1 mile in width and 0.5 mile in length. route farther to the north which would Chief, Air Traffic Division, Federal Avia­ 3. Increase the 1,200-foot transition be more compatible with national tion Administration, 5651 West Manches­ area extension predicated on the 353° defense operations. It would also im­ ter Avenue, Post Office Box 92007, World­ bearing from Paris RBN 1 mile in width prove air traffic service to inbound way Postal Center, Los Angeles, Calif. and 6.5 miles in length. transpacific aircraft, cleared via the 90009. All communications received with­ in 30 days after publication of this no­ The proposed alteration is required alternate route, by providing a diversion point from Bravo route at a greater dis­ tice in the F ederal R egister will be con­ to provide controlled airspace protection sidered before action is taken on the for IFR operations in climb above 700 tance from the U.S. coastline. The desig­ nated reporting point would provide a proposed amendment. The proposal con­ feet above the surface and in descent to tained in this notice may be changed in 1,000 feet above the surface. more exact position of aircraft in transi­ tion between international and domestic the light of comments received. (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348(a), sec. 6(c), Department of operating procedures. A joint-use letter An official docket will be available for Transportation Act, 49 U.S.C. 1655(c)) of procedure between the Los Angeles examination by interested persons at the ARTC Center and the Commander, Federal Aviation Administration, Office Issued in East Point, Ga., on Septem­ PMR, Point Mugu, Calif., for use of of the General Counsel, Attention: Rules ber 9,1969. Warning Area W-532 will be executed Docket, 800 Independence Avenue SW., Gordon A. W illiam s, J r ., prior to the effective date of Control Washington, D.C. 20590. An informal Acting Director, Southern Region. 1155. docket also will be available for exam­ [F.R. Doc. 69-11050; Filed, Sept. 16, 1969; As parts of these proposals relate to ination at the office of the Regional Air 8:46 a.m.] the navigable airspace outside the Traffic Division Chief.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 PROPOSED RULE MAKING 14479

These amendments are proposed under 12. Designate a segment of J-507 from Washington, D.C. 20590. An informal the authority of secs. 307(a) and 1110 Fort Yukon to Prudhoe Bay. docket also will be available for examina­ of the Federal Aviation Act of 1958 (49 13. Alter the Fairbanks transition tion at the office of the Regional Air U.S.C. 1348, 1510) and Executive Order area to read as follows: Traffic Division Chief. 10854 (24 F.R. 9565) and Sec. 6(c) of the F airbanks, Alaska The substitution of A-2 for the Betties Department of Transportation Act (49 additional control area and the substitu­ That airspace extending upward from 700 tion of A-15 for the Fairbanks/Oliktok U.S.C. 1655(c)). feet above the surface within a 20-mile radius Issued in Washington, D.C., on Sep­ of latitude 64°49'40'' N., longitude 147°34'00" additional control area would improve W., within a 7-mile radius of Eielson AFB flight planning and facilitate air traffic tember 9,1969. control by providing a numbered airway. H. B . H elstrom, (latitude 64°39'55" N., longitude 147°05'55" W.), and within 2 miles each side of the The designation of the segments of Chief, Airspace and Air Eielson VOR 122° radial, extending from the Traffic Rules Division. V-504 and V-438 would provide airways 7-mile radius area to 7 miles southeast of the for VOR navigation equipped aircraft. [F.R. Doc. 69-11071; Filed, Sept. 16, 1969; VOR within 8 miles west and 5 miles east The designation of J-515, J-137, J-115, 8:47 a.m.] of the 018° radial of the Fairbanks VORTAC, and J-507 and their associated control extending from the 20-mile radius area to 35 miles north of the VORTAC; and within area, is necessary to provide controlled [ 14 CFR Parts 71, 75 1 8 miles east and 5 miles west of the 168° airspace for operation above 18,000 feet radial of the Fairbanks VORTAC, extending MSL, the ceiling of Federal airways. The [Airspace Docket No. 69-AB-7] from the 20-mile radius area to 35 miles amendment to the floors of R-39, B-26, south of the VORTAC; that airspace extend­ FEDERAL AIRWAYS ET AL. V-480, and the Bettles/Umiat additional ing upward from 1,200 feet above the surface control area are for compatibility with Proposed Designation, Alteration and beginning at: 68°00'00" N., 153°00'00" W. to the floor of the altered Fairbanks 1,200- 68°00'00" N., 144°00'00" W. to 63°10'00" N., foot AGL transition area. Alteration of Revocation 144°00'00" W. to 62°38'00" N„ 145°41'00" W. to 62°45'00'' N., 148°48'00” W. to 62°59'00" the Fairbanks 1,200-foot AGL and 700- The Federal Aviation Administration N., 150°15'00" W. to 63°00'00" N., 151°10W ' foot AGL transition area would provide is considering amendments to Parts 71 W. to 64°00'00" N., 153°00'00" W. to point of for expanded radar air traffic control and 75 of the Federal Aviation Regula­ beginning excluding the portion within re­ service and revised IF R approach and tions that would provide for expanded stricted areas R2202A, R2202B, R2205, and departure procedures at Fairbanks In­ radar air traffic control service in the R2206. ternational Airport, Wainwright AAF, Fairbanks, Alaska, area and alter the 14. Designate the Betties VOR, the and Eielson AFB respectively. Designa­ controlled airspace over the north slope Point Barrow RBN (PBA) and the Ne­ tion of the Betties VOR, Point Barrow of Alaska to improve air navigation and nana VORTAC as Alaskan high altitude RBN (PBA) and Nenana VORTAC flight planning and to facilitate air traf- reporting points. would assist air traffic control in deter­ fice control service in that airspace. mining the position of aircraft. The loca­ To implement these amendments, the 15. Designate associated control area for those segments of J-515, J-115, J-507, tion of the Prudhoe Bay VORTAC will be following actions would be taken: subject to refinement depending upon 1. Extend Amber Federal airway No. and J-137 outside the continental control area. the exact siting of this facility. The floors 2 from Betties, Alaska, RBN, 69 miles, of V-504 and V-438 will be subject to a 166 miles, 95 MSL, Point Barrow, Alaska, 16. Revoke the following controlled airspace. slight change pending flight inspection RBN (PBA). of the Prudhoe VORTAC when commis­ 2. Extend Amber Federal airway No. a. Betties additional control area. b. Bettles/Prudhoe Bay additional sioned. The revocation of the transition 15 from Fairbanks, Alaska, RR via areas, and control area extension cited Chandalar Lake, Alaska, RBN; 30 miles, control area. c. Fairbanks/Oliktok additional con­ in paragraph 16 would simplify aero­ 60 miles, 95 MSL, Sagwon, Alaska, RBN ; nautical charting and records keeping as Prudhoe Bay, Alaska, RBN; to Oliktok, trol area. d. Nenana 1,200-foot AGL transition they would be replaced by the expanded Alaska, RBN. Fairbanks 1,200-foot AGL transition 3. Extend VOR Federal airway No. 504 area. e. Summit 1,200-foot AGL transition area. from Betties, 69 miles, 66 miles, 95 MSL, These amendments are proposed under to a VOR to be commissioned in the area. f. Big Delta 1,200-foot AGL transition the authority of sec. 307(a) of the Fed­ vicinity of Prudhoe Bay at approximate eral Aviation Act of 1958 (49 U.S.C. 1348) lat. 70°15' N., long. 148°22' W.; including area. g. Betties 1,200-foot AGL transition and sec. 6(c) of the Department of a west alternate 66 miles, 62 miles 95 Transportation Act (49 U.S.C. 1655(c)). MSL. area. 4. Alter and extend VOR Federal air­ h. Fort Yukon 1,200-foot AGL transi­ Issued in Washington, D.C., on Sep­ way No. 438 from Fairbanks via Fort tion area. tember 9, 1969. Yukon, Alaska, including an east alter­ i. Tanana 1,200-foot AGL transition H. B . H elstrom, nate; 86 miles, 76 miles, 95 MSL; to area. Chief, Airspace and Air Prudhoe Bay. j. Minchumina control area extension. Traffic Rules Division. 5. Amend Red Federal airway No. 39 Interested persons may participate in [F.R. Doc. 69-11070; Filed, Sept. 16, 1969; from McGrath, Alaska RR, 28 miles, 64 the proposed rule making by submitting 8:47 a.m.] miles, 45 MSL, Minchumina, Alaska, RR. such written data, views, or arguments as 6. Amend Blue Federal airway No. 26 they may desire. Communications should from Fairbanks RR, via Fort Yukon identify the airspace docket number and RBN, 86 miles, 75 miles, 115 MSL, Barter be submitted in triplicate to the Director, CIVIL AERONAUTICS BOARD Island, Alaska RBN. Alaskan Region, Attention: Chief, Air Traffic Division, Federal Aviation Admin­ E14 CFR Part 241 ] 7. Amend VOR Federal airway No. 480 istration, 632 Sixth Avenue, Anchorage, [Docket No. 21420; EDR^169] from McGrath, 28 miles, 64 miles, 45 Alaska 96812. All communications re­ MSL, Nenana, Alaska. ceived within 30 days after publication UNIFORM SYSTEM OF ACCOUNTS 8. Amend the Bettles/Umiat, Alaska of this notice in the F ederal R egister AND REPORTS FOR CERTIFICATED additional control area from Betties, 66 will be considered before action is taken AIR CARRIERS miles, 24 miles, 95 MSL, Umiat. on the proposed amendments. The pro­ 9. Extend J-515 from Betties to the posals contained in this notice may be Redefinition of “Operations, Domes­ Point Barrow RBN (PBA). changed in the light of comments tic” and Other Revisions With Re­ 10. Extend J-115 from Fairbanks via received. spect to Entity Reporting the INT of Fairbanks 356°T (328°M) An official docket will be available for S eptember 11, 1969. and Prudhoe Bay 181 °T (149°M) radiais, examination by interested persons at the to Prudhoe Bay. Federal Aviation Administration, Office Notice is hereby given that the Civil 11. Designate J-137 from Betties to of the General Counsel, Attention: Rules Aeronautics Board has under considera­ Prudhoe Bay. Docket, 800 Independence Avenue SW., tion proposed amendments to Part 241

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178------4

* 14480 PROPOSED RULE MAKING of its Economic Regulations (14 CFR scribed above be simplified as follows: The entities for which separate re­ Part 241) which would redefine the term Domestic, Atlantic, Pacific, and Latin ports shall be made by the different air “Operations, domestic” to include all the America. This proposal would reduce carriers are set forth below in the list en­ 50 States. Other revisions with respect to confusion and in some instances elim­ titled Route Air Carrier Reporting entity reporting are also proposed. inate entity reports presently required. Entities. The principal features of the proposed However, data for certain markets are amendment are described in the attached essential to the Board’s regulatory pur­ R oute Air Carrier R eporting E n tities explanatory statement and the proposed poses and would not be identifiable in Air Carriers Entities amendment is set forth in the proposed the proposed entity reports. The markets Airlift International, Domestic, Latin rule. The amendment is proposed under involved are: Inc. America. the authority of sections 204(a) and 407 Mainland-Hawaii. Maini and-Bermuda. Air West, Inc______Domestic. of the Federal Aviation Act of 1958, as Mainland-Alaska. Mainland-Bahamas. Alaska Airlines, Inc___ Domestic. amended (72 Stat. 743, 766; 49 U.S.C. Mainland-Puerto Mainland-Mexico. Allegheny Airlines, Inc. Domestic. 1324, 1377). Rico. Hawaii-Alaska. Aloha Airlines, Inc__ __ Domestic. American Airlines, Inc. Domestic, Pacific, Interested persons may participate in Data for these markets would be reported Latin America. the proposed rule making through sub­ in new Schedule P-2 (a ), and other mar­ Aspen Airways, Inc___ Domestic. mission of twelve (12) copies of written kets would be designated as need arises. Braniff Airways, Inc__ Domestic, Latin data, views or arguments pertaining It is proposed to amend Part 241 of America. thereto, addressed to the Docket Section, the Economic Regulations (14 CFR Part Caribbean-Atlantic Air­ Latin America. Civil Aeronautics Board, Washington, 241) as follows: lines, Inc. Chicago Helicopter Air­ Domestic. D.C. 20428. All relevant material received 1. Amend the definitions of “domestic” ways, Inc. on or before October 15, 1969, will be and “territorial” in § 03 to read: Continental Air Lines, Domestic. considered by the Board before taking Section 03— Definitions for Purposes Inc. final action on the proposed rule. Copies Delta Air Lines, Inc___ Domestic, Latin of such communications will be available of This System of Accounts and America. for examination by interested persons in Reports Eastern Air Lines, Inc_ Domestic, Latin the Docket Section of the Board, Room * * * * * America. The Flying Tiger Line Domestic, Pacific. 712, Universal Building, 1825 Connecticut Operations—for purposes of reporting Inc. Avenue NW., Washington, D.C., upon on Schedule T -l ( a ); Frontier Airlines, Inc_ Domestic. receipt thereof. Domestic—flight stages with both ter­ Hawaiian Airlines, Inc. Domestic. By the Civil Aeronautics Board. minals within the 50 States of the United Kodiak Airways, Inc__ .. Domestic. Los Angeles Airways, Domestic. [ seal] Harold R . Sanderson, States and the District of Columbia. Inc. Secretary. Territorial—flight stages with both Mohawk Airlines, Inc_ Domestic. terminals within territory under United National Airlines, Inc_ Domestic, Atlantic, Explanatory statement. Section 21 of States jurisdiction where at least one of Latin America. Part 241 requires separate entities for the terminals is not within a State or the New York Airways, Inc. Domestic. the purpose of the submission of reports District of Columbia. North Central Airlines', Domestic. by carriers. As a general rule separate International—flight stages with one Inc. reports are presently made for entities Northeast Airlines, In c. Domestic. or both terminals outside of territory Northwest Airlines, Inc. comprised of; (1) Domestic or combined under United States jurisdiction. Domestic, Pacific. domestic and Canadian transborder Ozark Air Lines, Inc___ Domestic. * * * * * Pan American World Domestic, Atlantic, operations; (2) territorial or combined Airways, Inc. Latin America, territorial and domestic operations, and 2. Delete § 05 in its entirety. 3. Amend § 21 (i) to read: Pacific. (3) international and territorial opera­ Piedmont Aviation, Inc. Domestic. tions.1 “Operations, domestic” is pres­ Section 21— Introduction to System of Reeve Aleutian Airways, Domestic. ently defined, in brief, as the 48 Reports Inc. San Francisco & Oak­ Domestic. contiguous States. ***** In line with these provisions, Pan land Helicopter Air­ American and Northwest fall within (i) Four separate entities shall be lines, Inc. Seaboard World Air­ Atlantic. classification (3) with respect to their established for the purpose of submitting lines, Inc. Hawaii and Alaska operations, while the reports hereinafter prescribed. They Southern Airways, Inc. Domestic. United’s Hawaiian and Western’s Alaska are as follows: (1) Domestic operations; Trans Caribbean Air­ Latin America. operations fall within classification (2), (2) operations via the Atlantic Ocean; ways, Inc. thus unnecessarily confusing the report­ (3) operations via the Pacific Ocean; Texas International Domestic. ing of these two areas. The situation be­ and (4) operations within the Latin Airways, Inc. comes further aggravated by the fact American areas. With respect to the first Trans World Airlines, Domestic, Atlantic, Inc. Pacific. that five carriers have recently entered classification, the domestic entity shall United Air Lines, Inc_ Domestic. the Hawaiian market. Furthermore, the embrace all operations within the 50 Western Air Lines, Inci. Domestic, Latin present arrangement does not respond States of the United States and the Dis­ America. to the fact that Alaska and Hawaii are trict of Columbia, and shall also include Western Alaska Airlines, Domestic. now States and that operations to them Canadian transborder operations. The Inc. from the 48 States are in effect domestic. reports to be submitted by each entity Wien Consolidated Air­ Domestic. In view of the foregoing, it is proposed shall be comparable to those required of lines, Inc. herein to revise the definition of “opera­ a distinct legal entity whether the re­ 4. Amend the list of schedules in para­ tions, domestic” so that the term will porting entity constitutes such an entity, embrace all of the 50 States rather than a semi-autonomous physically separated graph (a) of Section 22—General Re­ the 48 contiguous States, as presently operating division of the air carrier, or an porting Instructions by adding new defined. Accordingly, under this proposal, entity established for reporting purposes schedule P-2 (a) so that the list in per­ all carriers performing operations be­ only. tinent part reads: tween the 50 States (and the District of Columbia) would report such operations on CAB Form 41 in the domestic cate­ Filing gory. In addition, it is proposed that the N o. P ostm ark Freq uency interval three general eijtity classifications de­ (days)

* * * * * * * * * 4 With respect to the latter two general P - 2 ...... Notes to Income Statement...... -Q uarterly...... classifications, separate reporting entities are P -2 (a )------. Market Report...... Q uarterly...... P - 3 ...... established for operations via the Atlantic - Transport revenues, depreciation and amortization; nonoperating Q uarterly___... oo o income and expense (net). or Pacific Oceans and within Alaskan or Latin * * * * * * American areas. * * *

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 PROPOSED RULE MAKING 14481

5. Amend Section 24—Profit and Loss Mainland-Puerto Rico, Mainland-Ber- Elements by adding instructions for new muda, Mainland-Bahamas, Mainland- Schedule P-2 (a) Market Report to read: Mexico, Hawaii-Alaska, and such other * * * * * markets as may be designated by the Schedule P-2 (.a)—Market Report Board. 6. Amend CAB Form 41 by adding (a) This schedule shall be filed by all route air carriers conducting operations new Schedule P-2 (a) Market Report as set forth in paragraph (c) below. shown in Exhibit A attached hereto2 and (b) Data reflected on this schedule incorporated herein by reference. shall be supplements to the related en­ [F.R. Doc. 69-11097; Filed, Sept. 16, 1969; tity report in which the data are 8:49 a.m.] included. (c) Markets to be reported are: Mainland-Hawaii, Mainland-Alaska, 2 Filed as part of original document.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14482 Notices

Iron & Steel 06., Ltd., 375 Park Avenue, within 10 days after the date of service DEPARTMENT OF HEALTH, EDU­ New York, N.Y. 10032, proposing that of this order, file such petitions in sup­ § 121.2531 Surface lubricants used in port of or in opposition to our proposed the manufacture of metallic articles (21 action herein. CATION, AND WELFARE CFR 121.2531) be amended to provide Food and Drug Administration This order will be published in the for the safe use of diisodecyl phthalate F ederal R egister. . AMERICAN CYANAMID CO. in surface lubricants used' in the manu­ facture of metallic food-contact articles [ seal] H arold R. S anderson, Notice of Filing of Petition for Food under conditions such that total residual Secretary. Additive Famphur lubricant does not exceed 0.2 milligram [F.R. Doc. 69-11098; Filed, Sept. 16, 1969; per square inch of food-contact surface. 8:49 a.m.] Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. Dated: September 9, 1969. 409(b)(5), 72 Stat. 1786; 21 U.S.C. J. K. Kirk, 348(b) (5 )), notice is given that a peti­ Associate Commissioner FEDERAL COMMUNICATIONS tion (34-266V) has been filed by Amer­ for Compliance. ican Cyanamid Co., Post Office Box 400, [F.R. Doc. 69-11035; Filed, Sept. 16, 1969; COMMISSION Princeton, N.J. 08540, proposing the issu­ 8:45 a.m.] ance of a food additive regulation (21 [Dockets Nos. 17624,17625; FCC 69R-368] CFR Part 121) to provide for the safe FRED KAYSBIER AND SIERRA BLANCA use of famphur (0,0-dimethyl O-p- (dimethylsulfamoyl) phenyl phosphoro- CIVIL AERONAUTICS BOARD BROADCASTING CO. thioate) in the feed of beef cattle, dairy [Docket No. 20781; Order 69-9-57] Memorandum Opinion and Order heifers, and nonlactating dairy cows for Enlarging Issues the control of grubs, to aid in the control INTERNATIONAL AIR TRANSPORT of sucking lice, and to aid in the control ASSOCIATION In regard applications of Fred Kays- of horn flies. bier, Alamagordo, N. Mex., File No. B P - Dated: September 9, 1969. Order Regarding Transatlantic Fares 16965; Edward D. Hyman, trading as Sierra Blanca Broadcasting Co. J. K. Kirk, Issued under delegated authority Sep­ (K R R R ), Ruidoso, N. Mex., File No. B P - Associate Commissioner tember 11, 1969. 17487; for construction permits. for Compliance. Agreement adopted by Joint Con­ 1. This proceeding involves the mutu­ ference 1-2 of the International Air [F.R. Doc. 69-11033; Filed, Sept. 16, 1969; ally exclusive applications of Fred 8:45 a.m.] Transport Association relating to Phila- Kaysbier (Kaysbier) and Sierra Blanca delphia/Baltimore/Washington transat­ Broadcasting Co. (Sierra Blanca), for lantic fares. new standard broadcast stations in Ala­ W. R. GRACE & CO. An agreement has been filed with the mogordo, N. Mex., and Ruidoso, N. Mex., Board, pursuant to section 412 (a) of the Notice of Filing of Petition for Food respectively. These applications were des­ Federal Aviation Act of 1958 (the Act) ignated for hearing on various issues Additives and Part 261 of the Board’s economic *(Mimeo No. 4437, released Aug. 8, 1967) regulations, between various air carriers, Pursuant to the provisions of the Fed­ and were later consolidated with Kays- foreign air carriers, and other carriers, bier’s application for renewal of FM sta­ eral Food, Drug, and Cosmetic Act (sec. embodied in the resolutions of Joint Con­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. tion K X X I, Alamogordo, by Commission ference 1-2 of the International Air Order (FCC 69-470, released May 6, 348(b) (5)), notice is given that a peti­ Transport Association (IATA), and tion (FAP OB2451) has been filed by 1969). Kaysbier subsequently surren­ adopted by mail vote. The agreement has dered his FM license to the Commis­ W. R. Grace & Co., 62 Whittemore Ave­ been assigned the above-designated nue, Cambridge, Mass. 02140, proposing sion for cancellation, and the examiner CAB agreement number. thereafter dismissed his renewal appli­ that § 121.2550 Closures with sealing The agreement establishes propor­ gaskets for food containers (21 CFR cation (FCC 69M-846, released July 9, tional fares to be applied in constructing 1969). Presently before the Review Board 121.2550) be amended to provide for the through transatlantic contract bulk in­ safe use of zinc dibenzyldithiocarbamate is a petition to enlarge issues, filed clusive tour fares to/from Philadelphia/ June 26, 1969, by Sierra Blanca seeking in the manufacture of closure-sealing Baltimore/Washington. These contract gasket compounds for food containers. the addition of a lack of candor issue; bulk fare proportionals conform with issues as to whether Kaysbier has en­ Dated: September 9,1969. proportionals which were earlier adopted gaged in deceptive advertising practices; J. K. Kirk, for application to other special fares and a Rule 1.65 issue; and an adequacy of Associate Commissioner “ which the Board approved by Order 69- staff issue.1 for Compliance. 7-149 (July 29, 1969). Lack of Candor. 2. In support of the Pursuant to authority duly delegated requested lack of candor issue, petitioner [F.R. Doc. 69-11034; Filed, Sept. 16, 1969; by the Board in the Board’s regulations, 8:45 a.m.] first notes that the Commission 14 CFR 385.14, it is not found, on a designated an issue against K X X I to tentative basis,' that Resolution JT12 determine: YAWATA IRON & STEEL CO., LTD. (Mail 712) 079a, which is incorporated in Agreement CAB 21275, is adverse to the Whether Kaysbier is indebted to Arizona Factors, Inc., United Press International, Notice of Filing of Petition for Food public interest or in violation of the Act. Inc., and the State of New Mexico’s Bureau Additives Accordingly, it is ordered, That: of Revenue and, if so, whether his failure Action on Agreement CAB 21275 be to disclose this indebtedness in the balance Pursuant to the provisions of the Fed­ and hereby is deferred with a view toward eral Pood, Drug, and Cosmetic Act (sec. eventual approval. 1 Related pleadings before the Board are: 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Persons entitled to petition the Board Opposition, filed July 18, 1969, by Fred Kays­ (b) (5)), notice is given that a petition for review of this order, pursuant to the bier; and comments, filed July 22, 1969, by (FAP 7B2115) has been filed by Yawata Board’s regulations, 14 CFR 385.50, may, the Broadcast Bureau.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14483

sheet, as amended, submitted as an exhibit on a complaint charging K X X I (owned United Press International, Inc., default to his application for renewal of license of by Kaysbier) with deceptive representa­ judgment was entered against Kaysbier Station K X X I evidences a lack of candor which reflects upon his basic qualifications tion of goods and services and false by mistake; was subsequently vacated; to be the licensee of Station KXXI. advertising.2 Petitioner apparently Infers and was so reported to the petitioner by that the pendency of this complaint, of letter, dated March 17, 1969, along with Petitioner points out that this issue, by itself, raises a substantial question a certified copy of the court’s order vacat­ its terms, is confined to Station KXXI. whether Kaysbier has engaged in decep­ ing the judgment. Thus, Kaysbier con­ However, Sierra Blanca notes, the tive advertising and whether an appro­ cludes, neither the deceptive advertising Examiner has ruled that an applicant’s priate issue should be added. In addi­ nor Rule 1.65 issue is warranted. candor is always in issue; that evidence tion, petitioner asserts, Kaysbier’s failure 6. In its comments, the Broadcast Bu­ with respect to the candor issue specified timely to report the pendency of the New reau opposes addition of the false adver­ by the Commission has already been Mexico complaint requires addition of a tising issues, claiming that in view of the adduced; and that findings and conclu­ Rule 1.65 issue. In further and separate Assistant District Attorney’s representa­ sions as to Kaysbier’s candor can and support of the requested 1.65 issue, peti­ tions, it is clear that Kaysbier did not will be made. Apparently concerned that tioner points out that a default judg­ “knowingly” engage in deceptive activ­ the Examiner can make findings as to ment entered against Kaysbier in favor of ities. The Bureau also relies on the facts candor, but cannot disqualify Kaysbier United Press International, Inc., on Au­ that the future of the suit is uncertain, without a specific candor issue, petitioner gust 8, 196.6, has not been disclosed to even unlikely, and that Sierra Blanca’s requests enlargement “ tiln order to the Commission.3 On these grounds, peti­ petition has presented no further allega­ clarify this matter”. Petitipner would tioner concludes, both the deceptive ad­ tions which might provide a basis for an frame the issue to include any indebted­ vertising and Rule 1.65 issues are issue. The Broadcast Bureau likewise op­ ness of Kaysbier’s which may remain warranted. poses addition of the requested section undisclosed and which might, thereby, 1.65 issue. While the Bureau admits that reflect adversely on Kaysbier’s candor. 5. In opposition to petitioner’s request for issues as to false and deceptive ad­ section II, paragraph 10(e) of the Com­ Kaysbier opposes the requested issue, mission’s Application Form (301) makes arguing that, in view of the Examiner’s vertising, Kaysbier has submitted an affidavit of Assistant District Attorney provision for the reporting of such pend­ ruling, it is unnecessary. The Bureau ing civil actions as those involving State interprets the requested issue as an ex­ Huber (who filed the New Mexico com­ pansion of the candor issue specified by plaint) stating that the preliminary in­ prosecutions for the use of “unfair meth­ the Commission: according to the Bu­ junction and order to show cause were ods of competition,” and that “unfair reau, Sierra Blanca would include any dissolved on July 2, 1969, for failure of methods of competition” can justifiably creditor at all of Kaysbier’s, not just the the parties to appear. The affiant further be construed to include deceptive adver­ three named in the issue as originally relates that his own misinformation as tising, the Bureau nonetheless feels that framed. The Broadcast Bureau adverts to the time of the hearing was the cause owing to a “lack of specific directions on to the Hearing Examiner’s ruling that of Kaysbier’s failure to appear; that, if the form requiring Kaysbier to report this although the candor issue in the PM re­ and when trial is eventually held, it will action,” a section 1.65 issue ought not be newal proceeding is not applicable to the be shown that the unfair practices were added as a result of the New Mexico com­ instant AM proceeding “per se”, evidence committed by another defendant named plaint.4 The Bureau also states that how­ concerning United Press International, in the complaint; and that, to the affi­ ever “assailable” was Kaysbier’s failure Inc., Arizona Factors, Inc., and the New ant’s knowledge, “the advertising of to amend his application so as to include Mexico Bureau of Revenue having been K X X I Radio was not false or mislead­ the United Press International, Inc., de­ adduced, findings regarding lack of ing and that advertising was not the fault judgment of August 8, 1966, it is candor could and would be made, if subject of the injunction Proceeding.” “too late to launch into further hear­ warranted. The Broadcast Bureau agrees Kaysbier reasons that the Assistant ings,” on this matter; at most, asserts the that an applicant’s candor is always in District Attorney’s recitation in the affi­ Bureau, Kaysbier’s failure to report “a issue and would not, consequently, op­ davit of July 14, 1969, renders prosecu­ judgment he knew to be defective” affects pose inclusion of a specific issue; but tion wholly unlikely and that Sierra his comparative qualifications and, in urges that the issue be confined to the Blanca’s request for a false advertising view of the fact that the proceeding is three creditors named by the Commis­ issue is entirely unsupported. Even were well advanced, addition of a nondis­ sion because the petitioner has offered this not so, Kaysbier continues, while qualifying issue is not warranted. no grounds for further expansion the case admittedly remains pending, its 7. Petitioner’s request for false adver­ 3. The requested issue, in the Board’sinactive and unresolved status is, by vir­ tising issues rests entirely upon the com­ opinion, is warranted. While the wording tue of National Broadcasting Company, plaint filed in the New Mexico State of the lack of candor issue as framed by Inc., 15 R R 965, 975 (1957), reason Court charging Kaysbier with false and the Commission encompasses only the enough to deny the requested false ad­ deceptive advertising. In view of the renewal application, it is clear that lack vertising issue. Against that portion of Assistant District Attorney’s affidavit, of candor goes to an applicant’s basic the requested § 1.65 issue which stems both exonerating Kaysbier from the character qualifications, a consideration from Kaysbier’s failure to report the fil­ charges and evidencing substantial un­ of equal importance as to applications ing of the Assistant District Attorney’s certainty as to the continued prosecution for new facilities as well as to renewal complaint, Kaysbier urges flatly that of the suit, the Review Board believes a applications. Thus, the considerations such information is not called for as part substantial question as to deceptive ad­ which prompted the Commission to of his application and that’ the subject vertising has not been raised. In consid­ specify the candor issue as to K X X I ap­ of the complaint “is not within the scope ering the request for a section 1.65 issue, ply with equal force to Kaysbier’s qualifi­ of the issues” in the instant proceeding. however, the Board notes that section H, cations to operate an AM station, and an Against that portion of the requested paragraph 10(d) of FCC Application appropriate issue will be added. How­ section 1.65 issue which stems from Form 301 asks whether the applicant has ever, petitioner has made no showing to Kaysbier’s failure to inform the Commis­ “been found guilty by any Court of * * * warrant expansion of the issue to en­ sion of his indebtedness to United Press (4) using unfair methods of competition” compass any creditor of Kaysbier other International, Inc., Kaysbier argues that and that paragraph 10(e) asks further than the three named by the Commis­ petitioner’s request is “a flagrant abuse whether “there [is] now pending in any sion (Rule 1.229(c)), and the added is­ of Commission process” because the Court or administrative body against the sue will, therefore, be confined to those applicant * * * any action involving creditors. Deceptive Advertising; Rule 1.65. 4. In 2 Sierra Blanca has attached to its peti­ support of its request to include decep­ tion a copy of the complaint as well as a 4 At the same time, the Bureau suggests copy of the preliminary injunction and order that a Board statement evincing Commission tive advertising practice issues, peti­ to show cause granted by the New Mexico concern with deceptive advertising would tioner notes that the State of New Court. place all applicants on notice that pending Mexico, on May 24, 1969, obtained a pre­ 3 Sierra Blanca affixes to its petition a copy actions of this nature must hereafter be liminary injunction in the State Courts of the judgment. reported.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14484 NOTICES any of the matters referred to in para­ the prescribed time limits. More im­ Therein petitioner, holder of a franchise graphes] * * * 10 * * * (d) above.” portantly, petitioner’s support for the for the operation of a CATV system in The Board cannot agree with the Bu­ requested issue consists of no more than Manatee County, Fla., requests that reau’s contention that these provisions a recitation of the type (i.e., entertain­ GT&E Communications, Inc. (GTEC), of Form 301 “lack specific directions.” In ment, news, religious) and source (i.e.,, General Telephone Company of Florida the Board’s view, it is abundantly clear live, wire, recorded) of Kaysbier’s pro­ (GTF), and General Telephone and that “unfair methods of competition” in­ graming proposal by percentages of time Electronics Corp. (GT&E)1 be prohibited clude false and deceptive advertising and a bold assertion that the proposed from constructing or installing any addi­ practices of the type involved here. Since, staff is inadequate. Section 1.229(c) de­ tional CATV facilities in Manatee therefore, information as to the New mands that a request for an issue “con­ County. An opposition was filed on Sep­ Mexico complaint would have been re­ tain specific allegations of fact supported tember 9, 1969, by GTEC and GTF. quired in the original application form by affidavits of a person or persons hav­ 2. By a memorandum opinion and had the complaint then been pending, ing personal knowledge thereof.” The al­ order and order to show cause, FCC § 1.65 requires its reporting if the com­ legations here do not approach compli­ 69-821, released August 4, 1969, respond­ plaint is filed subsequent to the original ance with this requirement and the issue ents were directed to show cause why application. More importantly, even if has, therefore, not been shown to be they should not be ordered to cease and disclosure were not required under 10(e) warranted. desist from the further construction of of the application, it should be obvious 10. Accordingly, it is ordered, That the CATV channel distribution facilities in that a complaint of this sort, relating di­ petition to enlarge issues, filed June 26, Manatee County, Fla., until a certificate rectly to the applicant’s performance as 1969, by Edward D. Hyman, trading as of public convenience and necessity pur­ a licensee, is “any other matter which Sierra Blanca Broadcasting Co., is suant to section 214 of the Communi­ may be of decisional significance” within granted to the extent hereinafter indi­ cations Act is obtained from the Com-- the purview of § 1.65. Lorain Community cated and in all other respects is denied; mission; or from the operation of any Broadcasters, FCC 69-820, released and such uncertificated facilities which had July 31, 1969, reflects the Commission’s 11. It is further ordered, That the not been completed and in operation on view that “any lawsuit alleging miscon­ issues in this proceeding are enlarged by June 26,1968. Since there appeared to be duct must be considered a substantial' addition of the following issues: a reasonable likelihood that, absent Com­ and significant matter without regard to a. To determine whether Fred Kays­ mission action forbidding it, service the validity of the allegations” and is to bier has complied with the provisions would be commenced prior to the issu­ be reported to the Commission. In Lorain of section 1.65 of the Commission’s rules ance of a decision in this proceeding, re­ the Commission denied a petition for re­ by keeping the Commission advised of spondents were prohibited from placing hearing, finding that the nondisclosure substantial changes on matters affecting into operation CATV distribution facili­ was inadvertent; here, however, no ex­ his application; and, if not, to determine ties in Manatee County pending conclu­ planation of the circumstances is offered the effect of such noncompliance on the sion of the show cause proceeding or the and addition of the issue is required. basic and comparative qualifications of certification of consrtuction by the Com­ The absence of any explanation by Kays- Fred Kaysbier to be a Commission mission, whichever first occurs. In view bier of the circumstances surrounding his licensee; of the need for expedition the Hearing failure to disclose the New Mexico com­ b. To determine whether Fred Kays­ Examiner was directed to certify the plaint also makes it impossible to deter­ bier is indebted to Arizona Factors, Inc., record to the Commission for final deci­ mine whether the issue should be United Press International, Inc., and the sion. A prehearing conference before regarded as disqualifying or considered State of New Mexico’s Bureau of Rev­ Hearing Examiner David I. Kraushaar only in the comparative context; and enue, and if so, whether the failure to is scheduled for September 15, and the the issue will, therefore, be framed to disclose such debts evidences a lack of hearing is scheduled to commence on encompass both basic and comparative candor reflecting upon Fred Kaysbier’s October 13. qualifications, Medford Broadcasters, basic and comparative qualifications to 3. In its petition, Manatee Cablevision Inc., FCC 69R-309, released July 23, be a Commission licensee; and asserts that subsequent to the release 1969.® 12. It is further ordered, That the of our show cause order, GTEC has con­ Adequacy of \Staff Issue. 8. Claiming burden of proceeding and the burden of tinued to construct new facilities and that Kaysbier, as sole announcer, cannot proof as to the issues added herein is that it has continued to initiate CATV effectuate his program proposal, the peti­ upon Fred Kaysbier. service to additional houses and busi­ tioner requests addition of a staffing is­ Adopted: September 10,1969. ness. It further alleges that GTEC is in­ sue. In opposition, Kaysbier pleads the stalling coaxial cable and strand in “as untimeliness of the request which origi­ Released: September 11,1969. many new sections of the county as it can nates from testimony taken in the pro­ F ederal Communications reach and with as much speed as it and ceeding four months prior to the filing of Commission, its construction contractor are able to the instant petition. The Broadcast Bu­ [seal] B en F . W aple, generate.” Manatee Cablevision charges reau also advises against the addition of Secretary. that GTEC, in its haste, has violated na­ a staffing issue in view of the unexplained tional safety standards, departed from untimeliness of the request. [F.R. Doc. 69-11080; Filed, Sept. 16, 1969; 8:48 a.m.] standard CATV pole-attachment provi­ 9. The Board will deny the request sions, and has violated the terms and for the staffing issue; The petitioner has provisions of its pole-attachment con­ made ho attempt to comply with § 1.229 [Docket No. 18610; FCC 69-972] tracts with General Telephone Company (b), which requires a late-filing peti­ of Florida (G T F ), and Florida Power and tioner to “set forth the reason why it was MANATEE CABLEVISION, INC. Light Co. Petitioner further argues that not possible to file the petitioner” within Memorandum Opinion and Order although Manatee Cablevision has en­ countered numerous delays in the con­ 5 Petitioner’s claim that nondisclosure of In the matter of Petition by Manatee struction of its CATV system due to the the UPI judgment raises a Rule 1.65 issue, is Cablevision, Inc., to stay construction refusal of GTF to enter into a pole- misdirected and redundant. The UPI judg­ and operation of CATV distribution attachment agreement or to rearrange ment was outstanding and should have been facilities in Manatee County, Fla., by disclosed in Kaysbier’s original AM applica­ its facilities on the poles of the power tion (FCC Form 301, section II, item 10(g)). General Telephone System, General company (with which Manatee Cable- Thus, the nondisclosure of the judgment does Telephone Company of Florida, and vision has an agreement in order to pro­ not come within the scope of § 1.65 because GT&E Communications, Inc., modifying the rule has no application to omissions and clarifying FCC 69-821 (34 F.R. vide space for Manatee Cablevision’s from the original submission. Such nondis­ 12919). closure does, however, enter into considera­ 1. Before the Commission for consid­ 1 Collectively, the said parties are referred tion with respect to Kaysbier’s alleged lack to herein as the respondents or the General of candor, and has been considered in that eration is a petition filed on September 4, context (see paragraphs 2 and 3, supra). 1969, by Manatee Cablevision, Inc. System Companies.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14485 lines) and because of the power com­ essary at the time to require a prohibi­ (b) Operating or placing into opera­ pany’s insistence upon strict compliance tion against construction of the facilities tion any CATV channel distribution fa­ with the safety provisions of the con­ since the General System companies had cilities in Manatee County, Fla., which tract, GTEC is faced with no similar ob­ been placed on notice that any such con­ had not been completed and in operation stacles. GTF did execute a pole-attach­ struction might be the subject of a cease before August 4, 1969, the release date of ment agreement with GTEC, it permits and desist order and the issuance of such our memorandum initiating this show the latter to lash its cable to GTF an order with respect to facilities which cause proceeding. strand and to occupy space on the poles had not become operational would affect Adopted: September 10, 1969. reserved for use by GTF, and apparently only the private interests of the respond­ GTF is not requiring compliance with ents rather than the public interest. Released: September 12,1969. safety standards. Such conduct is not Manatee Cablevision’s assertions, how­ F ederal Communications only adverse to the public interest, Man­ ever, that not only are respondents con­ Commission, atee Cablevision urges, but to its own pri­ tinuing with construction but that they [ seal] B en F . W aple, vate interests in that “the economics of are providing service to new subscribers Secretary. CATV installation militate against the from facilities constructed after the issu­ [F.R. Doc. 69-11079; Filed, Sept. 16, 1969; duplication of cable facilities thus hand­ ance of our stay order raise a serious 8:48 a.m.] ing an effective monopoly to the first question which merits our consideration. CATV operator to enter any given ter­ If respondents are in fact expediting con­ ritory.” To avoid the withdrawal of struction and the commencement of new CATV service from the public in the service to subscribers in Manatee County FEDERAL MARITIME COMMISSION event of the issuance of a cease and de­ and are engaging in anticompetitive tac­ tics by reason of G TF’s control over some [Docket No. 69-47; Agreements Nos. T-2271, sist order and to prevent injury to Man­ T—2272] atee Cablevision, the petitioner requests or all of the utility poles, it would be in­ that the General System companies be consistent with the public interest to per­ TERMINAL LEASE AND USE AGREE­ prohibited from constructing or install­ mit respondents to take advantage of the MENTS FOR PASSENGER FACILITIES pendency of the proceeding to expand ing any additional CATV facilities in AT NEW YORK Manatee County, Fla. service throughout the area. 4. In the opposition filed by GTEC and 6. The petition and the opposition con­ Order of Investigation GTF, the respondents deny that GTEC tain conflicting factual allegations which has undertaken any construction in Man­ cannot be resolved on the basis of the Two agreements have been filed with atee County since August 13, 1969, ex­ pleadings before us. However, we do not the Commission for approval pursuant cept for the installation of drops from believe that a hearing or an informal in­ to section 15, Shipping Act, 1916. The distribution facilities energized prior to vestigation to resolve these conflicts first (T-2271) is a passenger terminal solely for the purpose of determining lease between the City of New York August 4, 1969. GTEC also asserts that it (City) and the Port of New York Au­ has no intention of constructing addi­ whether the requested stay order should issue is advisable or in the public inter­ thority (Authority), and an agreement tional facilities in the unincorporated to construct new consolidated steamship areas of the county pending the conclu­ est. We have directed that the show cause proceeding be expedited and a prelimi­ passenger facilities in New York. The sion of this proceeding; and that it has second (T-2272) is a use agreement be­ not commenced operation of any distri­ nary hearing on the stay request would delay the disposition of this matter on tween the City, Authority, and passenger bution facilities in Manatee County since vessel operators serving the Port of New the issuance of the Commission’s Au­ the merits. Since respondents have stated that they have no intention of proceed­ York (Carriers), providing arrangements gust 4, 1969, order. With respect to Man­ ing with construction pending the con­ for interim terminal facilities, and for atee Cablevision’s charges that its con­ clusion of the show cause proceeding, final use of the new terminal facilities struction program was delayed by G TF’s a stay order would result in no injury to when completed. failure promptly to comply with requests them. In view of the substantial public Agreement No. T-2271 provides for the for rearrangement of its facilities on interest in maintaining the status quo lease by City to Authority of certain poles in order to make space available until it is determined whether section 214 waterfront property on Manhattan Is­ for Manatee Cablevision, respondents as­ is applicable to the construction under land for construction of a new consoli­ sert that prompt attention was given to consideration, we conclude that a stay dated passenger terminal for an initial such requests; that GTF has not, and will order against further construction of term of twenty (20) years, commencing not, treat Manatee Cablevision any dif­ CATV distribution facilities in Manatee upon completion of the new terminal. ferently from other CATV operator^ Re­ County should issue. Our action should Pending completion, four existing piers spondents further state that in all but not be construed, however, as a deter­ will be leased to the Authority for op­ two of the instances of alleged violations mination that respondents have engaged eration as an interim terminal. of safety standards and pole-attachment in the activities charged by Manatee The Authority will construct the ter­ agreements charged by Manatee Cable- Cablevision or have violated our out­ minal at an estimated cost in excess vision, the violations occurred on poles standing stay order. of $60 million. The project will be fi­ of the power company; and that with re­ 7. From toe pleadings submitted, it nanced by the City through the sale of spect to the remainder the alleged vio­ appears that the question of whether re­ bonds. lations were without the knowledge or spondents should be prohibited from in­ Rental for the new terminal will be in concurrence of GTF. Respondents there­ stalling drops from distribution facilities accordance with a schedule attached to fore request that the petition of Manatee energized before August 4, 1969, is the lease, designed to amortize the con­ Cablevision be denied. presently before the Review Board. In struction cost plus debt service costs over' 5. The provision in the memorandum view of the foregoing, we express no 20 years. Receipts over and above the initiating this show cause proceeding views with respect to that question. basic rental and operation and mainte­ which prohibited the respondents from 8. Accordingly, it is ordered, That nance costs will be disbursed as follows: placing into operation any CATV distri­ General Telephone and Electronics Corp., The first $750,000 to the City; the sec­ bution facilities was intended to main­ General Telephone Company of Florida, ond $750,000 to a Reserve Fund for the tain the status quo in Manatee County and GT&E Communications, Inc. are Authority; and money remaining in the until it could be determined whether the prohibited during the pendency of this Reserve Fund at the end of 20 years, construction undertaken was in violation proceeding and until further order of the plus interest, will be paid to the City. of the certification provisions of section Commission from: Prior to executing the lease, the Au­ 214. We wished to avoid to the extent (a) Constructing any CATV channelthority will pay the City $1,500,000 which possible a situation where existing distribution facilities in Manatee County, represents the residual value of struc­ CATV service would be withdrawn from Fla., without first obtaining from the tures now occupying the premises, and the public in the event a decision is Commission a certificate of public con­ $2,579,131 as rent for the new terminal reached that construction of the facili­ venience and necessity pursuant to sec­ during the period of construction (now ties was unlawful. It did not appear nec­ tion 214 of the Communications Act. estimated at 3 years).

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14486 NOTICES

Rental for the interim premises will be The City and Authority agree that the orders of the Commission. In Marine $1,821,451 per year. they will make no arrangement with Spaee- Enclosures, Inc. v. Federal Mari­ Any surplus of receipts over payments operators of passenger vessels, other time Commission, D.C. Cir., No. 22,936, required by the agreement will be held than the Carriers, which would grant decided July 30,. 1969, the court of by the Atuhority for distribution to users any economic or other provisions more appeals remanded the matter to the of the facility through a reduction of advantageous than those contained in Commission for further proceedings. tariff charges in subsequent determina­ Agreement No. T-2272. Therefore, it is ordered, That the tions of such charges. All operators of passenger service will Commission institute a proceeding pur­ The City and Authority agree to take be accepted as signatories to the agree­ suant to sections 15 and 22 of the Ship­ all possible measures to assure that fu­ ment and no carrier will be permitted ping Act, 1916 (46 U.S.C. 814, 821). The ture passenger vessel operations to and to use the interim or new terminal proceeding shall determine whether the from New York will be conducted only except as a signatory to Agreement No. aforementioned agreements are: (1) through the new terminal. The City is T-2272 or under other contractual Unjustly discriminatory or unfair as be­ cancelling existing leases for passenger arrangement having the identical effect tween carriers; (2) detrimental to the terminals, and both parties agree, so long as the agreement. commerce of the United States; (3) con­ as the new terminal continues to be used, In no event will the Authority get trary to the public interest; or (4) other­ not to: revenue from carriers exceeding $20 per wise in violation of the Shipping Act, passenger average per year. 1916. The Commission is particularly in­ * * * promote, finance, establish, con­ terested in developing a record, under struct, operate, or maintain any pier, wharf, Agreements Nos. T-2271 and T-2272 bulkhead, dock, terminal or other facilities were filed with the Commission on the aforementioned public interest cri­ for the accommodation of passenger vessels, February 20, 1969, and published in the terion, whether a new terminal, to be or authorize any other person to do so. F ederal R egister on February 28, 1969. established under the restrictive provi­ At the request of the Authority, joined sions of the proposed agreements placed They agree not to make further leases by the Mayor of the City, the usual under investigation herein, is, in fact, for passenger terminals which would ex­ 20-day notice period was shortened to needed and whether a 70-year exclusive tend more than 30 days beyond opera­ 12 days. Both parties urged that ex­ dealing arrangement is necessary to pro­ tion of the new terminal. Both agree not pedited action be taken by the Commis­ vide for return of capital and mainte­ to issue work permits or construction ap­ sion. A protest against approval of the nance costs; whether the carriers will, proval or consent for construction of a agreements was filed by Marine Space in fact, use the terminal and whether, if passenger terminal anywhere in either Enclosures, Inc. This protest was con­ there is resistance to the plan, traffic will jurisdiction. curred in by American Dock Company of be diverted from New York, and to what The. Authority will fix rates for dock­ Staten Island, N.Y. extent; whether it is feasible to reduce age, wharfage, and other fees and publish Comments were received from other the restraints proposed by projecting a tariffs on an annual basis. All users will interested parties2 urging that the smaller terminal providing high quality be charged under the tariff. Tariffs will agreements are in the public in­ facilities for part of the traffic, yet leav­ be structured to return funds necessary terest and should be approved by the ing carriers free to employ more modest to amortize construction, pay operating Commission. private port terminal facilities. Upon the and maintenance costs, and provide for On April 7, 1969, the Commission basis of this record, the Commission the Reserve Fund. issued a memorandum order of approval. shall determine whether to approve, dis­ The necessary planning of the new The FMC found that there was a “dem­ approve, or modify the subject agree­ terminal is complete and construction onstrated need” for the agreements and ments as provided in section 15. could commence promptly. that they were not “unjustly discrimina­ It is further ordered, That the parties Agreement No. T-2272 between the tory or unfair or detrimental to the signatory to the proposed agreement, as city, Authority, and passenger carriers1 commerce of the United States and are shown in attached Appendix A, shall be serving New York is a use agreement not contrary to the public interest.” respondents in this proceeding. whereby signatory Carriers agree to use Petitioner’s protest was dismissed on the It is further ordered, That this matter only the interim facilities and then the ground that Marine Space Enclosures be assigned for an expedited hearing be­ new terminal for seventy (70 years). had only an “indirect and remote in­ fore an examiner of the Commission’s During construction the Carriers will terest”. Noting, however, that the con­ Office of Hearing Examiners at a date use the interim terminal provided for in tract provisions were “unique” and had and place to be determined and an­ Agreement No. T-2271 on a tariff basis “especially anticompetitive character nounced by the presiding examiner. without leases, agreements, or other and effect”, the Commission asserted It is further ordered, That notice of agreements covering any fixed term or continuing jurisdiction “to cancel or this order shall be published in the F ed­ area. Operations at the new terminal modify” the agreements and to monitor eral R egister and that a copy thereof will likewise be on a tariff basis. The Car­ operations by requiring reports from the shall be served upon respondents. Per­ riers will also pay a fee, prescribed by Authority. sons, other than the respondents, regard­ Authority, covering the sale of passenger Subsequent to the April 7 Order of less of whether they previously protested tickets routed to and from the port of Approval, the Commission received re­ this agreement or were parties in the New York. Users of the new terminal will quests from several carriers for further aforementioned court of appeals pro­ share in any surplus of receipts over ex­ informal discussion of the proposals for ceeding, who now desire to become par­ penses (as defined in Agreement T - the new terminal. In a supplemental ties to this proceeding and to participate 2271); the surplus being a factor towards order of May 12, the Commission dis­ herein, shall promptly file a petition to reduction of subsequent tariff charges. counted the significance of this request; intervene with the Secretary, Federal The Carriers agree that, except in the April 7 order was reaffirmed, relying Maritime Commission, Washington, D.C. specified emergencies during construc­ on the stipulation of the City and 20573. Future notices issued by or on be­ tion, all of their New York passenger Authority to resubmit the agreements half of the Commission in the proceed­ operations will be conducted at the for approval at the end of the amortiza­ ing, including notice of time and place interim terminal. tion period. of hearing, or prehearing conference, Subsequently, Marine Space Enclo­ shall be mailed directly to parties of record. 1 The agreement contains signature spacesures, Inc., brought an action to review for eighteen (18) carriers. Six carriers have By the Commission. signed the agreement, namely: Compagnie a New York Chamber of Commerce; the [ seal] T homas L is i, Generale Transatlantique (French Line), New York City Council on Port Development The Cunard Steam-Ship Co., United States and Promotion, comprised of Industry and Secretary. Lines, Inc., Moore-McCormack Lines, Inc., Labor representatives; The Cunard Steam- Appendix A Norwegian American Line, and Swedish Ship Co. Ltd.; French Line; and the Inter­ American Line. Other lines may become par­ national Longshoremen’s Association, A.F.L.- Port of New York Authority, 111 Eighth Ave­ ties by signing the agreement. C.I.O. nue, New York, N.Y. 10011.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14487

City of New York, City Hall, New York, N.Y. (e) Clause 19: Specifies, where a ship­ ences and shippers in the United States 10007. per’s contract rate privileges have been and abroad, and because of the difficul­ U.S. Lines, 1 Broadway, New York, N.Y. 10004. Moore McCormack Lines, Inc., 2 Broadway, suspended because of his failure “to pay ties that could be encountered in mar­ New York, N.Y. 10004. or dispute” hisjiability to do so because shalling the views of members of con­ Norwegian American Line, 29 Broadway, New of a breach of the agreement, that the ferences in many countries, the time for York, N.Y. 10006. shipper’s cargo shall continue to be car­ filing comments or requests for hearing Swedish American Line, 21 West Street, New ried by the Conference lines at is extended to October 10, 1969. The York, N.Y. 10006. noncontract rates; original notice published August 30, 1969, French Line, 17 Battery Place, New York, (f) Clause 23: Specifies, in effect, that remains the same in all other respects. N.Y. 10004. where force majeure circumstances ne­ Cunard Steamship Co., Ltd., 25 .Broadway, Dated: September 12, 1969. New York, N.Y. 10004. cessitate an increase in rates, that the amount of increase will be negotiated By order of the Federal Maritime [F.R. Doc. 69-11085; Filed, Sept. 16, 1969; between the shippers and the carriers. Commission. 8:49 ajn.] If no agreement is reached, the contract T homas L is i, system is automatically terminated. Secretary. AUSTRALIA/U.S. ATLANTIC & GULF (g) Clause 14: Excludes cargo carried [F.R. Doc. 69-11087; Filed, Sept. 16, 1969; in containers from the “ambit of” the 8:49 a.m.] CONFERENCE agreement. Rules and conditions govern­ Notice of Petition Filed for Approval ing shipments of cargo in containers are to be the subject of negotiations “between Notice is hereby given that the follow­ the parties to this agreement.” FEDERAL RESERVE SYSTEM ing petition has been filed with the Com­ mission for approval pursuant to section Dated: September 12, 1969. BROWARD BANCSHARES, INC. 14b of the Shipping Act, 1916, as amended By order of the Federal Maritime Notice of Application for Approval of (75 Stat. 762, 46 U.S.C. 814). Commission. Interested parties may inspect a copy Acquisition of Shares of Banks T homas L is i, of the current contract form and of the Secretary. Notice is hereby given that application petition, reflecting the changes proposed has been made to the Board of Governors to be made in the language of said con­ [F.R. Doc. 69-11086; Filed, Sept. 16, 1969; 8:49 a.m.] of the Federal Reserve System pursuant tract, at the Washington office of the to section 3(a) (1) of the Bank Holding Federal Maritime Commission, 1405 I Company Act of 1956 (12 U.S.C. 1842(a) Street NW., Room 1202; or at the offices TRANSATLANTIC FREIGHT (1)), by Broward Bancshares, Inc., Fort of the District Managers, New York, N.Y., Lauderdale, Fla., for prior approval by New Orleans, La., and San Francisco, CONFERENCE the Board of action whereby Applicant Calif. Comments with reference to the Notice of Agreement Filed would become a bank holding company proposed changes and the petition, in­ through the acquisition of 80 percent or cluding a request for hearing, if desired, Notice is hereby given that the follow­ more of the voting shares of each of the may be submitted to the Secretary, Fed­ ing agreement has been filed with the following banks: Broward National Bank eral Maritime Commission, Washington, Commission for approval pursuant to of Fort Lauderdale, Fort Lauderdale, D.C. 20573, within 20 days after publica­ section 15 of the Shipping Act, 1916, as Fla.; Fort Lauderdale National Bank, tion of this notice in the F ederal R egis­ amended (39 Stat. 733* 75 Stat. 763, 46 Fort Lauderdale, Fla.; and Coral Ridge ter. A copy of any such statement should U.S.C. 814). National Bank of Fort Lauderdale, Fort also be forwarded to the party filing the Interested parties may inspect and ob­ Lauderdale, Fla. petition (as indicated hereinafter), and tain a copy of the agreement at the Section 3(c) of the Act provides that the comments should indicate that this Washington office of the Federal Mari­ the Board shall not approve: has been done. time Commission, 1405 I Street NW., (1) any acquisition or merger or con­ Notice of proposed modifications to an Room 1202; or may inspect agreements solidation under section 3 which would approved dual rate contract system filed at the offices of the District Managers, result in a monopoly, or which would be for approval by: New York, N.Y., New Orleans, La., and in furtherance of any combination or Elmer C. Maddy, Esq., Kirlin, Campbell and San Francisco, Calif. Comments with conspiracy to monopolize or to attempt to Keating, 120 Broadway, New York, N.Y. reference to an agreement including a monopolize the business of banking in 10005. request for hearing, if desired, may be any part of the United States, or Modification 9450-DR-2 of the Aus- submitted to the Secretary, Federal Mari­ (2) any other proposed acquisition or tralia/U.S. Atlantic & Gulf Conference’s time Commission, Washington, D.C. merger or consolidation under section 3 approved exclusive patronage contract 20573, within 20 days after publication of whose effect in any section of the coun­ system amends the contract form circu­ this notice in the F ederal R egister. A try may be substantially to lessen com­ lated among shippers located in copy of any such statement should also petition, or to tend to create a monopoly, Australia in the following respects: be forwarded to the party filing the or which in any other manner would be (a) Clause 3: Imposes a more affirma­ agreement (as indicated hereinafter) in restraint of trade, unless the Board tive obligation upon the carriers to pro­ and the comments should indicate that finds that the anticompetitive effects of vide those shipping services required by this has been done. the proposed transaction are clearly out­ the shippers; Notice of agreement filed by: weighed in the public interest by the (b) Clause 7: Eliminates the “prima Mr. George F. Galland, Galland, Kharasch, probable effect of the transaction in facie” presumption that the shipper has- Calkins and Lippman, 1824 R Street, NW., meeting the convenience and needs of the legal right to select the ocean carrier Washington, D.C. 20009. the community to be served. in certain situations where the shipment By notice published in the F ederal Section 3(c) further provides that, in has gone forward via nonconference R egister of August 30, 1969, Vol. 34-167, every case, the Board shall take into con­ carrier; page 13953, comments on Agreement No. sideration the financial and managerial (c) Clause 11: Redefines the “natural 9813, were required to be filed within 20 resources and future prospects of the routing” clause; days, or by September 19, 1969. The company or companies and the banks (d) Clause 12: Specifies that the North Atlantic Mediterranean Freight concerned, and the convenience and “rates of freight” under the arrangement Conference, one of a number of confer­ needs of the community to be served. are to remain in force until August 31, ences that could be affected by the im­ Not later than thirty (30) days after 1971, and from year to year thereafter plementation of the subject agreement, the publication of this notice in the as mutually agreed. If no agreement can has requested additional time to con­ F ederal R egister, comments and views be reached concering rates to be charged sider its position regarding the matter. regarding the proposed acquisition may contract shipments, then the entire In view of the obvious importance of the be filed with the Board. Communications contract system is terminated; proposed agreement to carriers, confer­ .should be addressed to the Secretary,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178- -5 14488 NOTICES

Board of Governors of the Federal Re­ [Regs. Q, T, and U] Consultations will be held between the serve System, Washington, D.C. 20551. OTC MARGIN STOCK Governments of the United States and The application may be inspected at the Mexico in the near future to determine office of the Board of Governors or the Changes in List the disposition of any cotton textiles and Federal Reserve Bank of Atlanta. cotton textile products which are being The following changes have been made, denied entry under the terms of the Dated at Washington, D.C., this 9th effective September 4, 1969, in the List aforesaid letter. In order to provide day of September 1969. of OTC Margin Stocks, published in the United States Government with the in­ By order of the Board of Governors. F ederal R egister on August 16, 1969, at formation necessary for consultation 34 F.R. 13343: with the Government of Mexico, all in­ [seal] R obert P. F orrestal, 1. Additions (stocks now subject to Assistant Secretary. terested parties are advised to report, as margin requirements Friendly Ice soon as possible and not later than 20 [F.R. Doc. 69-11051; Filed, Sept. 16, 1969; Cream Corp., $1 par common; Tassette, days from the date of publication of this 8:46 a.m.] Inc., Class A common. notice, to the Office of Textiles, Trade 2. Deletions (stocks now listed on a Analysis Division, Department of Com­ DOMINION BANKSHARES CORP. national securities exchange): D.P.A., Inc., $1 par common; Lincoln National merce, Washington, D.C. 20230, on any Corp., $2.50 par common; University cotton textiles or cotton textile products Notice of Application for Approval of in Categories 1 through 64 produced or • Acquisition of Shares of Bank Computing Co., no par common. 3. Changes: Continental Computer manufactured in Mexico and exported Notice is hereby given that applica­ Associates, Inc., no. par common, becomes from Mexico prior to May 1, 1969, which tion has been made, pursuant to section Banister Continental Corp., no par com­ have been denied entry or which are in 3(a) of the Bank Holding Company Act mon; Crocker-Citizens National Bank, the United States held in either a bonded of 1956 (12 U.S.C. 1842(a)), by capital, becomes Crocker-National Corp., warehouse, a general order warehouse, or Dominion Bankshares Corporation, capital; Dayton Corp., $1 par common, a foreign trade zone, on the date of pub­ which is a bank holding company lo­ becomes Dayton-Hudson Corp., $1 par lication of this notice. Reports should cated in Roanoke, Va., for prior approval common; Girard Co., $1 par common, is include the following information: Com­ by the Board of Governors of the acquisi­ corrected to read The Girard Co., $1 par plete description of the goods, category tion by Applicant of more than 80 per­ common; Philadelphia Suburban Water or categories under which classified, cent of the voting shares of Cumberland Co., $3.75 par common, becomes Phila­ quantities involved expressed in units or Bank and Trust Co., Grundy, Va. delphia Suburban Corp., $1 par common; pounds, location of the goods, bond num­ Section 3(c) of the Act provides that and Provident National Bank, $12 par ber, and general order lot number or the Board shall not approve: capital, becomes Provident National foreign trade zone number and lot num­ (1) any acquisition or merger or con­ Corp., $1 par capital. ber assigned. solidation under section 3 which would Failure to so report within the desig­ result in a monopoly, or which would be Board of Governors of the Federal Re­ serve System, September 10, 1969. nated period of time may result in the in furtherance of any combination or goods not being eligible for entry into conspiracy to monopolize or to attempt [seal] R obert P. F orrestal, the United States for consumption. to monopolize the business of banking Assistant Secretary. S tanley Nehm er, in any part of the United States, or [F.R. Doc. 69-11030; Filed, Sept. 16, 1969; (2) any other proposed acquisition or 8:45 a.m.] Chairman, Interagency Textile merger or consolidation under section 3 Administrative Committee, whose effect in any section of the coun­ and Deputy Assistant Secre­ try may be substantially to lessen com­ tary for Resources. petition, or to tend to create a monopoly, INTERAGENCY TEXTILE [F.R. Doc. 69-11075; Filed, Sept. 16, 1969; or which in any' other manner would be 8:48 a.m.] in restraint of trade, unless the Board ADMINISTRATIVE COMMITTEE finds that the anticompetitive effects of the proposed transaction are clearly CERTAIN COTTON TEXTILES AND outweighed in the public interest by the COTTON TEXTILE PRODUCTS PRO­ SECURITIES AND EXCHANGE probable effect of the transaction in DUCED OR MANUFACTURED IN meeting the convenience and needs of MEXICO COMMISSION the community to be served. CAPITOL HOLDING CORP. Section 3(c) further provides that, in Entry or Withdrawal From every case, the Board shall take into Warehouse for Consumption Order Suspending Trading consideration the financial and man­ agerial resources and future prospects of September 12, 1969. September 11,1969. the company or companies and the banks On May 3, 1969, there was published It appearing to the Securities and Ex­ concerned, and the convenience and in the F ederal R egister (34 F.R. 7311) change Commission that the summary needs of the community to be served. a letter of April 28, 1969, from the Chair­ suspension of trading otherwise than on Not later than thirty (30) days after man of the President’s Cabinet Textile a national securities exchange in the the publication of this notice in the Advisory Committee to the Commissioner common stock and all other securities of F ederal R egister, comments and views of Customs, directing that the amounts Capitol Holding Corp. is required in the regarding the proposed acquisition may of cotton textiles and cotton textile prod­ public interest and for the protection of be filed with the Board. Communications ucts in Categories 1 through 64, produced investors; should be addressed to the Secretary, or manufactured in Mexico, which may It is ordered, Pursuant to section 15 Board of Governors of the Federal Re­ be entered or withdrawn from warehouse (c) (5) of the Securities Exchange Act of serve System, Washington, D.C. 20551. for consumption in the United States for 1934, that trading in such securities The application may be inspected at the the 12-month period beginning May 1, otherwise than on a national securities office of the Board of Governors or the 1969, and extending through April 30, exchange be summarily suspended, this Federal Reserve Bank of Richmond. 1970, be limited to designated levels. The order to be effective for the period aforesaid letter also provided that cot­ Dated at Washington, D.C., this 9th ton textiles and cotton textile products September 12, 1969, through Septem­ day of September 1969. which were exported from Mexico to the ber 21,1969, both dates inclusive. By order of the Board of Governors. United States prior to May 1, 1969, in By the Commission. categories for which the levels of re­ [ seal] R obert P. F orrestal, straint for the 12-month period ending [ seal] Orval L. DuB ois, Assistant Secretary. April 30, 1969, were filled, were, at the Secretary. [F.R. Doc. 69-11052; Filed, Sept. 16, 1969; request of the Government of Mexico, [F.R. Doc. 69-11061; Filed, Sept. 16, 1969; 8:46 a.m.] to be denied entry.. 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14489

TELSTAR, INC. be made at or below the applicable area provisions of Order No. 377, 40 FPC 1449, base rates adjusted for quality of the gas, to assure the refund of any amounts Order Suspending Trading and under the conditions prescribed in collected by it or its predecessor in in­ S eptember 11,1969. the orders determining said rates. terest in excess of the amounts deter­ It appearing to the Securities and Ex­ Hilda B. Weinert and Jane W. Blum- mined to be just and reasonable in any change Commission that the summary berg, Applicants in Docket No. G-4598, present or future rate proceedings. suspension of trading in the common propose to continue the sale of natural Therefore, Applicant will be substituted stock and all other securities of Telstar, gas heretofore authorized in said dock­ in lieu of Fred Koch as respondent in Inc., being traded otherwise than on a et to be made pursuant to H. H. Weinert the proceedings pending in Dockets Nos. national securities exchange is required Estate et al., FPC Gas Rate Schedule RI65-639 and RI69-536; said proceed­ No. 3. Said rate schedule will be redesig­ ings will be redesignated accordingly; in the public interest and for the protec­ nated as that of Applicants and the other tion of investors; the changes in rate will be made effective parties heretofore covered by said rate subject to refund; and the general agree­ It is ordered, Pursuant to section 15 schedule. On December 27, 1968, H. H. (c) (5) of the Securities Exchange Act of ment and undertaking will be accepted Weinert Estate et al., filed with the for filing. 1934, that trading in such securities Commission a notice of change in rate otherwise than on a national securities Austin Brady, Applicant in Docket No. under their FPC Gas Rate Schedule No. CI69-940, proposes to continue in part exchange be summarily suspended, this 3. By order issued January 17, 1969, in order to be effective for the period Sep­ the sale of natural gas heretofore au­ Docket No. RI69-471 et al., the Com­ thorized in Docket No. G-8581 to be made tember 12, 1969, through September 21, mission suspended the proposed change 1969, both dates inclusive. pursuant to Petroleum, Inc., et al., FPC in Docket No. RI69-473 until June 27, Gas Rate Schedule No. 19. The contract By the Commission. 1969, and thereafter until made effective. comprising said rate schedule will also be The notice of change was designated as accepted for filing as the rate schedule of [seal] Orval L. DuB ois, Supplement No. 12 to the subject rate Secretary. Applicant. The presently effective rate schedule. On May 19, 1969, Hilda B. under said rate schedule is in effect [F.R. Doc. 69-11062; Filed, Sept. 16, 1969; Weinert and Jane W. Blumberg et al., subject to refund in Docket No. RI65-620. 8:47 a.m.] filed a motion to make the change in Applicant has submitted a surety bond rate effective subject to refund on July 1, to assure the refund of any amounts col­ 1969; and on July 28, 1969, they filed a lected by him in excess of the amount surety bond to assure the refund of any determined to be just and reasonable in FEDERAL POWER COMMISSION amounts collected by them in excess of said proceeding. Therefore, Applicant the amount determined to be just and [Docket No. G—3072 etc.] will be made a co-respondent in the pro­ reasonable in Docket No. RI69-473. ceeding pending in Docket No. RI65-620; HUMBLE OIL & REFINING CO. ET AL. Therefore, Hilda B. Weinert and Jane the proceeding will be redesignated ac­ W. Blumberg will be substituted in lieu cordingly; and the surety bond will be Findings and Order After Statutory of H. H. Weinert Estate as co-respond­ accepted for filing.2 Hearing ents in the proceeding pending in Docket John H. Hill (Operator) et al., Appli­ No. RI69-473; the proceeding will be cant in Docket No. CI69-1000, proposes to September 4, 1969. redesignated accordingly; the change in Findings and order after statutory continue in part the sale of natural gas rate will be made effective subject to re­ heretofore authorized in Docket No. hearing issuing certificates of public fund; and the surety bond submitted by convenience and necessity, dismissing G-10723 to be made pursuant to Champ- Hilda B. Weinert and Jane W. Blumberg lin Petroleum Co. (Operator) et al., FPC applications, amending orders issuing et al., will be accepted for filing.1 certificates, permitting and approving Gas Rate Schedule No. 65. The contract Koch Development Corp., Applicant in comprising said rate schedule will also be abandonment of' service, terminating Dockets Nos. G-7726, CI62-861, and Cl certificates, terminating proceedings, 66-543, proposes to continue the sales accepted for filing as a rate schedule of making successors co-respondents, sub­ of natural gas heretofore authorized in Applicant. The presently effective rate stituting respondents, redesignating pro­ said dockets to be made pursuant to Fred under said rate schedule is in effect sub­ ceedings, making rate changes effective, Koch FPC Gas Rate Schedule Nos. 1, ject to refund in Docket No. RI67-402. accepting surety bonds for filing, accept­ 3, and 4, respectively. Said rate schedules Applicant has submitted a surety bond ing agreement and undertaking for filing, will be redesignated as those of Appli­ to assure the refund of any amounts col­ requiring filing of agreement and un­ cant. The presently effective rates under lected by him in excess of the amount dertaking, and accepting related rate the predecessor’s FPC Gas Rate Sched­ determined to be just and reasonable schedules and supplements for filing. ule Nos. 1 and 3 are in effect subject to in said proceeding. Therefore, Applicant Each of the applicants listed herein refund in Docket No. RI65-639. On Jan­ will be made a co-respondent in the pro­ has filed an application pursuant to sec­ uary 13, 1969, the predecessor filed with ceeding pending in Docket No..RI67-402; tion 7 of the Natural Gas Act for a cer­ the Commission notices of changes in the proceeding will be redesignated ac­ tificate of public convenience and neces­ rate under his FPC Gas Rate Schedule cordingly; and the surety bond will be sity authorizing the sale and delivery Nos. 1 and 4. By order issued February accepted for filing.3 of natural gas in interstate commerce or 12, 1969, in Docket No. RI69-536 the Whittington Oil Co., Inc. (Operator), for permission and approval to abandon Commission suspended the proposed et al., Applicant in Docket No. CI69-1072, service or a petition to amend an order changes until July 13, 1969, and there­ issuing a certificate, all as more fully set after until made effective. The notices 2 The surety bond refers to the date of the forth in the applications and petitions, of change were designated as Supple­ notice of effectiveness of the proposed change as supplemented and amended. ment No. 4 to Fred Koch FPC Gas Rate in rate as June 23, 1969. The actual date was Applicants have filed related FTC gas Schedule No. 1 and Supplement No. 1 to Nov. 23, 1965, and the bond will be construed rate schedules or supplements thereto Fred Koch FPC Gas Rate Schedule No. accordingly. Also, the bond is applicable only and propose to initiate, abandon, add to, to those sales made by Applicant after Apr. 4. On July 16, 1969, Koch Development 1, 1969, the filing date of his certificate ap­ or discontinue in part natural gas serv­ Corp. filed a motion to make the changes plication. If Applicant desires to collect the ice in interstate commerce as indicated in rate effective subject to refund. There­ increased rate subject to refund as of Feb. in the tabulation herein. All sales certifi­ tofore, on May 20, 1969, Koch Develop­ 12, 1969, the date of transfer of the produc­ cated herein are at rates either equal to ment Corp. filed a general agreement ing properties and the effective date of his or below the ceiling prices established by and undertaking in accordance with the rate schedule, he and his surety should mod­ the Commission’s statement of general ify the bond accordingly. policy No. 61-1, as amended, or involve 3 The bond states that the subject sale will 1 The bond states that the Increased rate be continued pursuant to Applicant’s FPC sales for which permanent certificates was made effective subject to refund by no­ Gas Rate Schedule No. 11. The related rate have been previously issued; except that tice issued June 17, 1969. Said reference schedule is herein designated as Applicant’s sales from areas for which area rates should be to the instant order, and the bond FPC Gas Rate Schedule No. 10 and the bond have been determined are authorized to will be construed accordingly. will be construed accordingly.

FEDERAL REGISTER, VOL 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14490 NOTIGES proposes to continue in part the sale of public consumption; subject to the juris­ FPC Gas Rate Schedule No. 292 subject natural gas heretofore authorized in diction of the Commission, and will, to refund in Docket No. RI69-156. Docket No. CI66-278 to be made pursuant therefore, be a “natural-gas company” Therefore, the proceedings in Dockets to Skelly Oil Co., FPC Gas Rate Sched­ within the meaning of the Natural Gas Nos. RI68-544 and RI69-156 should be ule No. 211. The contract comprising said Act upon the commencement of service terminated with respect to said rate rate schedule will also be accepted for under the authorizations > hereinafter schedule and Atlantic should be relieved filing as a rate schedule of Applicant. On granted. from any refund obligation with respect December 2, 1968, Skelly filed with the (2) The sales of natural gas herein­ to such sales. Commission a notice of change in rate before described, as more fully described (11) The revenues received for sales under its FPC Gas Rate Schedule No. in the applications in this proceeding, at the increased rate under Sun Oil Co. 211. By order issued December 30, 1968, will be made in interstate commerce sub­ FPC Gas Rate Schedule No. 175 which in Docket No. RI69—374, et al., the Com­ ject to the jurisdiction of the Commis­ were collected subject to refund in Dock­ mission suspended the proposed change sion; and such sales by Applicants, to­ et No. RI68-288 are de minimis; and, in Docket No. RI69-389 until June 2, gether with the construction and therefore the proceeding in Docket No. 1969, and thereafter until made effective. operation of any facilities subject to the RI68-288 should be terminated with re­ The notice of change was designated as jurisdiction of the Commission necessary spect to said rate schedule, and Sun Supplement No. 10 to the subject rate therefor, are subject to the requirements should be relieved from any refund obli­ schedule. In its certificate application of subsections (c) and (e) of section 7 gation with respect to such sales. filed May 9, 1969, Applicant proposes to of the Natural Gas Act. (12) It is necessary and appropriate collect the increased rate. Therefore, (3) Applicants are able and willing in carrying out the provisions of the Applicant will be made a co-respondent properly to do the acts and to perform Natural Gas Act that Hilda B. Weinert in the proceeding pending in Docket No. the service proposed and to conform to and Jane W. Blumberg should be substi­ RI69-389; the proceeding will be redes­ the provisions of the Natural Gas Act tuted as co-respondents in lieu of H. H. ignated accordingly; the change in rate and the requirements, rules and regula­ Weinert Estate in the proceeding pend­ will be made effective subject to refund tions of the Commission thereunder. ing in Docket No. RI69—473; that said as of June 2, 1969, with respect to sales (4) The sales of natural gas by Appli­ proceeding should be redesignated ac­ from Applicant’s properties; and Appli­ cants, together with the construction cordingly; and that the surety bond sub­ cant will be required to file an agreement and operation of any facilities subject to mitted by Hilda B. Weinert and Jane W. and undertaking to assure the refund of the jurisdiction of the Commission nec­ Blumberg et al., in said proceeding any amounts collected by it in excess of essary therefor are required by the should be accepted for filing. the amount determined to be just and public convenience and necessity and (13) It is necessary and appropriate reasonable in said proceeding. certificates therefor should be issued as in carrying out the provisions of the The Commission’s staff has reviewed hereinafter ordered and conditioned. Natural Gas Act that Koch Development each application and recommends each (5) It is necessary and appropriate in Corp. should be substituted in lieu of action ordered as consistent with all sub­ carrying out the provisions of the Fred Koch as respondent in the proceed­ stantive Commission policies and re­ Natural Gas Act that the applications ings pending in Dockets Nos. RI65-639 quired by the public convenience and filed by Mineral Resources Corp. in and RI69-536, that said proceedings necessity. Docket No. CI68-1013 on January 21, should be redesignated accordingly, that After due notice by publication in the 1969, and February 10, 1969, should be the proposed changes in rate suspended F ederal R egister, petitions to intervene dismissed as moot. in the latter proceeding should be made and notices of intervention were filed in (6) It is necessary and appropriate effective subject to refund, and that the the following dockets: in carrying out the provisions of the general agreement and undertaking sub­ Docket No. interveners Natural Gas Act and the public conven­ mitted by Koch Development Corp. CI69-662 _____ The Brooklyn Union Gas ience and necessity require that the or­ should be accepted for filing. Co. ders issuing certificates of public con­ (14) It is necessary and appropriate Philadelphia Gas Works venience and necessity in various dockets in carrying out the provisions of the Division of UGI Corp. involved herein should. be amended as Natural Gas Act that Austin Brady Long Island Lighting Co. hereinafter ordered and conditioned. should be made a co-respondent in the Consolidated Edison Co. of (7) The sales of natural gas proposed New York, Inc. proceeding pending in Docket No. RI65- The Public Service Com­ to be abandoned as hereinbefore de­ 620, that said proceeding should be re­ mission of the State of scribed and as more fully described in the designated accordingly, and that the New York. applications and in the tabulation herein surety bond submitted by him should be CI69-1093 _____ The Brooklyn Union Gas are subject to the requirements of sub­ accepted for filing.. Co. section (b) of section 7 of the Natural (15) It is necessary and appropriate Said petitions and notices have either Gas Act. in carrying out the provisions of the been withdrawn or are not in opposition (8) The abandonments proposed by Natural Gas Act that John H. Hill (Op­ to the granting of the applications. No Applicants herein are permitted by the erator) et al., should be made a co­ other petitions to intervene, notices of public convenience and necessity and -respondent in the proceeding pending in intervention, or protests to the granting should be approved as hereinafter Docket No. RI67-402; that said proceed­ of any of the applications have been ordered. ing should be redesignated accordingly; filed. (9) It is necessary and appropriate in and that the surety bond submitted by At a hearing held on August 28, 1969, carrying out the provisions of the Natural him in said proceeding should be ac­ the Commission on its own .motion re­ Gas Act that the certificates heretofore cepted for filing. ceived and made a part of the record in issued to Applicants relating to the (16) It is necessary and appropriate this proceeding all evidence, including abandonments hereinafter permitted and in carrying out the provisions of the the applications and petitions, as sup­ approved should be terminated or that Natural Gas Act that Whittington Oil plemented and amended, and exhibits the orders issuing said certificates should Co., Inc. (Operator) et al., should be thereto, submitted in support of the be amended by deleting therefrom au­ made a co-respondent in the proceeding authorizations sought herein, and upon thorization to sell natural gas from the pending in Docket No. RI69-389; that consideration of the record, subject acreage. said proceeding should be redesignated The Commission finds: (10) The revenues received for sales accordingly; that the proposed change in (1) Each Applicant herein is a “nat­ at the increased rate under Atlantic rate suspended in said proceeding should ural-gas company” within the meaning Richfield Co. FPC Gas Rate Schedule be made effective subject to refund with of the Natural Gas Act as heretofore No. 292 which were collected subject to respect to sales by Whittington; and refund in Docket No. RI68-544 are de found by the Commission or will be en­ that Whittington should be required to gaged in the sale of natural gas in inter­ minimis. No revenues were received for state commerce for resale for Ultimate sales at increased rates under Atlantic’s file an agreement and undertaking.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14491

(17) It is necessary and appropriatebe the applicable area base rate (15.5 No. 61-1, by adjusting the boundary be­ in carrying out that provisions of the cents per Mcf at 14.65 p.s.i.a. plus appli­ tween the Oklahoma Panhandle area Natural Gas Act that the PPC gas rate cable State and local taxes in effect on and the Oklahoma “Other” area so as schedules and supplements related to Sept. 1, 1965) as adjusted for quality of to increase the initial wellhead price for the authorizations hereinafter granted gas pursuant to ordering paragraph (B) new gas, Applicants thereupon may sub­ should be accepted for filing. of Opinion No. 468, as modified by Opin­ stitute the new rates reflecting the The Commission orders: ion No. 468--A, or the contract rate amounts of such increases and thereafter (A) Certificates of public convenience whichever is lower. Such rate is to be collect the new rates prospectively in and necessity are issued upon the terms effective on the date of this order. lieu of the initial rate herein authorized and conditions of this order authorizing (c) If the quality of the gas delivered in said dockets. sales by Applicants of natural gas in by Applicants in Dockets Nos. CI64-902 (j) Applicant in Docket No. CI66-304 interstate commerce for resale, together and CI69-1231 deviates at any time from shall file a billing statement to reflect with the construction and operation of the quality standards set forth in Opin­ the 15-cent and 17-cent rates as required any facilities subject to the jurisdiction ion No. 468, as modified by Opinion No. by the regulations under the Natural Gas of the Commission necessary therefor, all 468-A, so as to require a downward ad­ Act. as hereinbefore described and as more justment of the existing rate, a notice (k) Applicant in Docket No. CI69- fully described in the applications and of change in rate shall be filed pursuant 1087 shall not require buyer to take-or- in the tabulation herein. to section 4 of the Natural Gas Act: pay for an annual quantity of gas which (B) The certificates granted in para­ Provided, however, That adjustments re­ is in excess of an average of 1 Mcf per graph (A) above are not transferable flecting changes in B.t.u. content of the day for each 7,300 Mcf of determined gas and shall be effective only so long as gas shall be computed by the applicable reserves. Applicants continue the acts or opera­ formula and charged without the filing (l) The authorizations granted in tions hereby authorized in accordance of notices of changes in rates. Dockets Nos. CI67-1650, CI69-951, CI69- with the provisions of the Natural Gas (d) Within 45 days from the date of 1087, and CI69-1184 are conditioned upon Act and the applicable rules, regulations, this order Applicant in Docket No. CI69- any determination which may be made and orders of the Commission. 1231 shall file three copies of a rate in the proceeding pending in Docket No. ■(C) The grant of the certificates is­ schedule quality statement as specified R-338 with respect to the transporta­ sued in paragraph (A) above shall not by ordering paragraph (F) of Opinion tion of liquefiable hydrocarbons. be construed as a waiver of the require­ No. 468, as modified by Opinion No. (m) In the event that Applicant in ments of Section 4 of the Natural Gas 468-A, reflecting the rate determined in Docket No. CI69-118 under Article IX of Act or of Part 154 or Part 157 of the paragraph (b) above. the subject contract exercises its options Commission’s regulations thereunder (e) The initial rates for sales author­ to process the gas, Applicant shall sub­ and is without prejudice to any findings ized in Docket No. CI69-662 shall be 20 mit to the Commission for acceptance, or orders which have been or which may cents per Mcf at 15.025 p.s.i.a. (gas-well not less than 30 nor more than 90 days hereafter be made by the Commission gas) and 18.5 cents per Mcf at 15.025 prior to the commencement of such proc­ in any proceedings now pending or here­ pns.i.a. (casinghead gas), the applicable essing, a rate schedule supplement set­ after instituted by or against Applicants. area base rates prescribed in Opinion No. ting forth the conditions and details of Further, our action in this proceeding 546, as modified by Opinion No. 546-A, as the contemplated actions. shall not foreclose nor prejudice any adjusted for quality of gas, or the con­ (n) The authorizations granted in future proceedings or objections relating tract rates, whichever are lower. If the Dockets Nos. CI69-118 and CI69-983 in­ to the operation of any price or related quality of the gas delivered by Applicant volving the sales of gas by Appalachian provisions in the gas purchase contracts deviates at any time from the quality Exploration & Development, Inc., to its herein involved. Nor shall the grant of standards set forth in Opinion No. 546, affiliate, Mountain Gas Co., determine the certificates aforesaid for service to as modified by Opinion No. 546-A, so as the rates which legally may be paid by the particular customers involved imply to require a downward adjustment of the buyer to the seller, but are without approval of all of the terms of thé con­ the existing rate, a notice of in rate shall prejudice to any action which the Com­ tracts, particularly as to the cessation of be filed pursuant to section 4 of the mission may take in any rate proceedings service upon termination of said con­ Natural Gas Act: Provided, however, involving either company. tracts as provided by section 7(b) of the That adjustments reflecting changes in (F) Within 30 days from the date of Natural Gas Act. The grant of the cer­ B.t.u. content of the gas shall be com­ this order Applicants in Dockets Nos. tificates aforesaid shall not be construed puted by the applicable formula and CI68-1013 (additional acreage only) and to preclude the imposition of any sanc­ charged without the filing of a notice CI69-1245 shall file billing statements as tions pursuant to the provisions of the of change in rate. Within 90 days from required by the regulations under the Natural Gas Act for the unauthorized the date of initial delivery Applicant Natural Gas Act. commencement of any sales of natural shall file a rate schedule quality state­ (G) The applications filed by Mineral gas subject to said certificates. ment in the form prescribed in Opinion Resources Corp. in Docket No. CI68-1013 (D) The grant of the certificates is­ No. 546. on January 21, 1969, and February 10, sued herein on certain applications filed (f) The initial rate for the sale au­ 1969, are dismissed as moot. after July 1, 1967, is upon the condition thorized in Docket No. CI66-888 shall (H) The orders issuing certificates in that no increase in rate which would be 15 cents per Mcf at 14.65 p.s.i.a. in­ exceed the ceiling prescribed for the Dockets Nos. G-3072, G-7526, CI63-234, cluding tax reimbursement. CI64-902, CI65-536, CI66-888, and CI67- given area by paragraph (d) (3) of the (g) The initial rate for the sale au­ Commission’s statement of general policy 1650 are amended by adding thereto or thorized in Docket No. CI69-1093 shall deleting therefrom authorization to sell No. 61-1, as amended, shall be filed prior be 18.5 cents per Mcf at 15.025 p.s.i.a. to the applicable date indicated in the natural gas as described in the tabula- (h) The initial rate for the'sale au­ lation herein. tabulation herein. thorized in Docket No. CI66-304 (Okla­ (E) The certificates issued herein and homa Panhandle area only) shall be 17 (I) The orders issuing certificates in the amended certificates are subject to cents per Mcf at 14.65 p.s.i.a. including Dockets Nos. G-8581, G-10723, G-11918, the following conditions : tax reimbursement and subject to B.t.u. CI60-686, CI66-278, and CI67-1687 are (a) The initial rate for the sale au­ adjustment. amended by deleting therefrom authori­ thorized in Docket No. CI64-902 shall be (i) The initial rate for sales author­ zation to sell natural gas from acreage the applicable area base rate prescribed ized in Dockets Nos. CI66-304 (Oklahoma assigned to Applicants in Dockets Nos. in Opinion No. 468, as modified by Opin­ “Other” area only), CI67-1650, CI69- CI69-940, CI69-1000, CI69-1093, CI69- ion No. 468-A, as adjusted for quality of 951, and CI69-1184 shall be 15 cents per 1247, CI69-1072, and CI69-1247, respec­ gas, or the contract rate, whichever is Mcf at 14.65 p.s.i.a. including tax reim­ tively. lower. bursement and subject to B.t.u. adjust­ (J) The orders issuing certificates in (b) The initial rate for the sale au­ ment. In the event that the Commission Dockets Nos. G-4588, G-4598, G-7726, thorized in Docket No. CI69-1231 shall amends its statement of general policy G-14198, G-16495, CI61-1462, CI61-1578,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14492 NOTICES

CI62-861, CI66-304, CI66-543, and CT68- Hilda B. Weinert and Jane W. Blumberg are substituted as co-respond­ FPC rate schedule to be accepted ents in lieu of H. H. Weinert Estate in Docket No. and Applicant Purchaser, field, and date filed location Description and date of No. Supp. the proceeding pending in Docket No. document RI69-473; said proceeding is redesig­ nated accordingly; and the surety bond G-3072...... Humble Oil A Refining Tennessee Gas Pipeline Letter agreement 11 33 submitted by Hilda B. Weinert and Jane D 6-18-88 Co. Co., a division of Ten* 6-28-68.** neeo Ine., Sun and W. Blumberg et al., in said proceeding North Sun Fields, is accepted for filing. The rates, charges, Starr County, Tex. and classifications set forth in Supple­ G-4588...... MACPET (successor to £1 Paso Natural Gas Co., Mendota Oil Co., FPC 2 . £ 6-28-68 Mendota Oil Co.). Jack Herbert Field, GRS No. 8. ment No. 12 to Hilda B. Weinert and Upton County, Tex. Supplement Noe. 1-16___ • 2 1-16 Jane W. Blumberg et al., FPC Gas Rate Notice of succession 6-16-69. Schedule No. 3 shall be effective subject Assignment 13-31-68 *...... 17 to refund as of July 1 ,1969. Said effective Effective dato: 12-31-68.__ rates shall be charged and collected as G-4S98...... Hilda B. Weinert and United Gas Pipe Line H. H. Weinert Estate, a .. £ 1-3-68 Jane W. Blumberg, Co., North Pettus et al., FPC GRS No. 3. of the effective date subject to any future et al. (suecessor to Field, Bee et ah, Supplement Nos. 1-12.. a 1-12 orders of the Commission in Docket No. H. H. Weinert Estate Counties, Tex. Notice of succession etaL}* 12-16-68. RI69-473. Hilda B. Weinert and Jane W. Effective date: 1-1-68...... Blumberg et al., shall comply with the G-7526-...... Pan American Petro- £1 Paso Natural Gas Co., Supplemental agreement u? 30 C 6-30-68 4 * leum Corp. (Operator) Bianeo and Flora Vista 6-12-08.« refunding and reporting procedure re­ et al. Fields, San Juan quired by the Natural Gas Act and sec­ County, N. Mex. tion 154.102 of the regulations there-; Filing code: A—Initial service. B —Abandonment. under, and the surety bond filed by them C—Amendment to add acreage. D—Amendment to delete acreage. in Docket No. RI69-473 shall remain in B—Succession. full force and effect until discharged by F—Partial succession. the Commission. See footnotes at end of table.

FEDERAL REGISTER, VO L 34, NO. ?78— WEDNESDAY, SEPTEMBER 17, 1969 FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. and Applicant Purchaser, field, and Docket No. and Applicant Purchaser, field, and date filed location Description and date of N o. Supp. date filed location Description and date of N o. Supp. document document

G-7726__ ._ Koch Development El Paso Natural Gas Co., Fred Koch, FPC GRS CI64-902______Delta Drilling Co.14 E 5-20-69 Corp. (successor to San Juan Basin Area, Northern Natural Gas Supplemental agreement 30 No. 1. C 3-21-69 (Operator) et al. Co., Ozona Area, Crock­ 7-23-68. Fred Koch). San Juan County, Supplement Nos. 1-4..... 1-4 ett County, Tex. N. Mex. Notice of succession CI64-902...... do... .¿...do...... ‘...... Supplemental agreement 30 5-19-69. C 3-26-69 9-16-68. Assignment 10-14-68...... CI65-51515----- _. Atlantic Richfield Co.. Effective date: 10-1-68__ : Texas Eastern Transmis­ Notice of cancellation 17 292 G-10769...... B 6-18-69 sion Corp., North 6-13-69.2 w Highland Resources, Tennessee Gas Pipeline Highland Oil Có., FPC Lansing Field, Harrison 10-28-68 i Inc. (formerly. High­ Co., a division of GRS No. 1. County, Tex. land Oil Co.). Tenneco Inc., Govern­ Supplement Nos. 1-4___ C I65-536...... Mobil 00 C orp.i.... El Paso Natural Gas Co., Supplemental agreement 370 ment Wells Field, Notice of succession C 6-27-69 * Basin Dakota Field, 5-23-69.6 Duval County, Tex. 10-25-68. San Juan County, Certificate of merger N.Mex. 7-17-68.7» CI66-304...... Consolidated Produc- Panhandle Eastern Pipe GMC Oil& Gas Corp., Effective date: 7-17-68...... E 5-5-69 tion Corp. (successor Line Co., Acreage in FPC GRS No. 3. G-11255.__ .do. do...... Highland Oil Co., FPC to QMC Oil* Gas x 10-30-68 7 Dewey and Woodward Notice of succession GRS No. 2. Corp.). Counties, Okla. 5-2-69. Supplement Nos. 1-4...... Assignment 12-1-67___ Notice of succession Effective date: 12-1-67 10-28-68. CI66-543__ Koch Development El Paso Natural Gas Co. Fred C. Koch, FPC Certificate of merger E 5-20-69 Corp. (successor to Basin-Dakota Field, GRS No. 4. 7-17-68.7» Fred C. Koch). Rio Arriba and San Effective date: 7-17-68...... Supplement No. 1___ _ G-12366___ Koch Development El Paso Natural Gas Co., Fred Koch, FPC GRS Juan Counties, N. Mex. Notice of succession E 5-20-69 Corp. (successor to Pictured Cliffs Forma- . No. 2. 5-19-69. Fred Koch).. tion, San Juan Basin, Supplement Nos. 1-2...... 1-2 Assignment 10-14-68___ 4 San Juan County, Effective date: 10-1-68... Notice of succession CI66-888...... Pan American Petro- Natural Gas Pipeline Co. Amendment 4-14-696__ 436" N. Mex. 5-19-69. C 6-23-698 leum Corp. of America, Putnam Assignment 10-14-68____ Field, Dewey County, Effective date: 10-1-68...... Okla. G-14198...... Triton Oil & Gas Corp. United Gas Pipe Line Landa Oil Co. et al., E 6-27-69 CI67-1650...... Continental 00 Co.19 Panhandle Eastern Pipe Agreement 10-7-68 * 20. 326 et al. (successor to Co., North LaRosa FPC GRS No. 9. C 6-10-69 *18 (Operator) et al. Line Co., South Peek Landa Oil Co. et al.). Field, Refugio County, Supplement Nos. 1-4...... 1-4 Field, Roger Mills Tex. Notice of succession...... County, Okla. NOTICES Assignment 2-1-68 8...... CI68-649...... Highland Resources, Texas Eastern Transmis­ Highland Oil Co., FPC Effective date: 10-1-68___ 11-4-68 7 Inc. (formerly High­ sion Corp., Brushy G-16495___ MACPET (successor El Paso Natural Gas Co., William L. McKnight, GRS No. 6. E 6-19-69 to William L. land 00 Co.). Creek Field, DeWitt Supplement Nos. 1-8__ 1-8 Spraberry Field, Reagan d.b.a: LaGorce Oil Co. and Lavaca Counties, Notice of succession McKnight d.b.a. County, Tex. et al., FPC GRS No. 1. Tex. LaGorce Oil Co. Supplement Nos. 1-4...... 11- 1- 68. et al.). 1 Certificate of merger 6 9 Notice of succession 7-17-68 7». 5-16-69. Effective date: 7-17-68.... Assignment 12-31-68 CI68-1013--...... Royal 00 & Gas Corp. Equitable Gas Co., Troy Mack R. Worl et al., 1 ...___ Effective date: 12-31-68__ E 6-16-69 (successor to Mack R. District, Gilmer FPC GRS No. 1. CI61-1462... Z RN Company, et al. The Altex Corp., Tsemelis Appell Petroleum Corp. " Worl et al.*1). County, W. Va E 2-26-69 (successor to Appell Field,J Jim St WeÜs et al., FPC GRS No. 7. Assignment 5-11-6822__ 1 1 Petroleum Corp., County, Tex: Notice of succession (Assignment No. 3457). et al.). 2-26-69. Assignment 5-11-68 22 1 2 Assignment 2-11-69 n_ (Assignment No. 4073). Effective date: 2-11-69... Assignment 6-8-6822___ 1 3 C161-1578... ZRN Co. (Operator) The Altex Corp., Tom Effective date: 12-23-68—, Appell Petroleum Corp. C 6-16-69 8...... do. -do. Letter Agreement "i...... 4 E 2-26-69 et al. (successor to Graham Field, Jim (Operator) et al., FPC 1- 10-69.« Appell Petroleum , Wells County, Tex. GRS No. 6. Corp. (Operator) Notice of succession et al.). 6-12-69. 2-20-69. Certificate of merger Assignment 2-11-69 1 1 2- Ô-69.23 Effective date: 2-11-69...... CI62-861__ Effective date: 12-23-68— Koch Development El Paso Natural Gas Co., Fred C. Koch, FPC 3 CI68-145294------Pubco Petroleum Corp.. Southern Natural Gas Notice of cancellation E 5-20-69 Corp. (successor to Dakota Formation, San GRS No. 3. B 5-9-69 Co., South Marrero 4-15-69.2 » Fred C. Koch). Juan Basin, San Juan Supplements Nos. 1-2__ 3 1-2 Field, Jefferson Par­ County, N. Mex. Notice of succession ish, La. 5-19-69. CI69-118-...... Appalachian Explora- Mountain Gas Co., Contract 7-25-688 28. Assignment 10-14-68 3 3 A 8-1-688 tion & Development, Rocky Fork Field, Effective date: 10-1-68...... Inc. Kanawha County, CI63-234__ . Mobil Oil Corp. Arkansas Louisiana Gas Notice of partial cancella- 333 29 W. Va. D 9-25-67 (Operator) et al. Co., Red Oak Area, tion 9-22-67.2 u C169-662...... Atlantic Richfield Co.». United Gas Pipe Line Contract 12-13-68 «. .LeFlore County, Okla. A 1-22-69 27 Co., Bayou Rambio CI63-234___ . Mobil Oil Corp. (Oper­ Arkansas Louisana Gas Notice of partial cancella- 333 27 Field, Terrebonne / D 6-27-69 ator) et al. Co., Red Oak Area, tion 6-25-69.2 is Parish, La. Latimer, LeFlore and CI69-940...... Austin Brady (successor Colorado Interstate Gas Contract 9-1-59 »...... Haskell Counties, Okla. (G-8581) to Petroleum, Inc. Co., a division of Colo­ Assignment 2-12-69 29_. F 4-1-69 et al.). rado Interstate Corp., Effective date: 2-12-69. See footnotes at end of table. Hugoton Field, Haskell County, Kans. 14493

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14494 14494

FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. and Applicant Purchaser, field, and Docket No. and Applicant Purchaser, field, and Description and date of No. Supp. location Description and date of No. Supp. date filed location date filed document document

Contract 3-10-69.....___ 307 CI69-1228.... . Mobil Oil Corp. Tennessee Gas Pipeline Notice of cancellation 231 CI69-951.— Cities Service Oil Co---- Panhandle Eastern Pipe (CI60-892) Co., a division of Ten­ 6-25-69.» “ A 4-11-69« Line Co., South Peek Compliance 5-12-69 *30.... 307 1 Field, EogerMills B 6-27-69 neco Ino., Northwest County, Okla. Chaikley Field, Contract 1-30-69 « ». 15 ... Calcasieu Parish, La. CI69-983-... Appalachian Explora­ Mountain Gas Co., Poca CI69-1230...... Woodrow Dingess, United Fuel Gas Co., Contract 8-11-61 •*...... 1 A 4-23-69 » tion & Development, District, Kanawha County, W. Va. A 6-20-69 * “agent for Payne Gas Laurel Hill District, Inc. Contract 5-9-56 *»______10 ... Co. Lincoln County, W. Va. C169-1000.... John H. Hill (Operator) Colorado interstate Gas CI69-1231...... Estate of Elizabeth R. El Paso Natural Gas Co., Contract 7-20-67 « ...... 1 . et al. (successor to Co. a division of 4 Supplement 10-28-58.___ 10 1 (G-10723) Amendment 2-18-69...__ 10 2 (CS67-76) Sharp, deceased (suc- Red Hills Area, Lea Assignment 8-25-66 * »»__ 1 F 4-23-69 Champlin Petroleum Colorado Interstate F 6-23-69 cessor to Kermit Oil County, N. Mex. Co.). Corp.,Mocane Field, Amendment 8-6-60------10 3 Beaver County, Okla. Amendment 10-11-66...... 10 4 Co.). Assignment 3-3-69 *38___ 10 * 5 CI69-1233...... Commonwealth Gas Consolidated Gas Supply Contract 4-29-69______15 A 6-30-69« Corp. Corp., Ripley District, CI69-1001.-.. Monsanto Co. (Operator Arkansas Oklahoma Gas Contract 3-24-69 »*...... 97 ... Corn., Arkoma Area, Contract 3-24-69 »«...... 97 1 Jackson County, W. Va. A 4-25-69 » and Agent) et al. 2 CI69-1238...... Sun Oil Co, (Southwest El Paso Natural Gas Co., Notice of cancellation »«175 LeFlore County, Okla. Contract 4-3-69 ***...... 97 East Panhandle Field, 6-16-69.» »* El Paso Natural Gas Co., Contract 6-15-66 w._.----- 3 ... (CI65-I16) Division). CI69-1072__ Whittington Oil Co., 1 B 6-27-69 Wheeler County, Tex. (CI66-278) Inc. (Operator), et al. Ignacio-Bianco Field, Assignments 1-21-64...... ! 3 Contract 6-11-69 *...... 4 ' LaPlata County, Colo. Assignments 1-21-64------3 2 CI69-1241.....la. Yale Oil Association__ Equitable Gas Co., Salt F 5-9-69 (successor to Skelly Assignment 12-24-68 88.. . . 3 3 A 6-30-69» Lick District, Braxton Oil Co.). Effective date: 12-24-68__ County, W. Va. CI69-1242...... Coastal States Gas Transcontinental Gas Notice of cancellation 43 Rycade Oil Corp.M. United Gas Pipe Line Notice of cancellation 1 5 CI69-1077.... 5-20-69.»»• (0162-92) Producing Co. Pipe Line Corp., 6-26-89.» »« (0-6739) Co., Iowa Field, Jeffer­ B 6-30-69 Mission Valley Area, B 5-21-69 son Davis Parish, La. Victoria County, Tex. CI69-1087 Skelly Oil Co. (Oper­ Southern Natural Gas Contract 5-7-69...... 329 ... __ Letter 7-14-69««*...... 329 1 CI69-1245...... Elkland Oil St Gas Co., United Fuel Gas Co., Contract 6-3i Mineral Resources Corporation filed in Docket No. CI68-1013 on Jan. 21,1969 (amendment to add acreage) and (CI63-1154) Division). Line Co., Acreage in 6-20-69.» M Feb. 10,1969, to continue the sales of natural gas heretofore authorized to be made pursuant to Mack R. Worl et al., B 6-25-69 Woods County, Okla. but never received certificate authorization. Due to the filing made by Royal Oil & Gas Corp., in Docket No. CI68- See footnote« at end of table. 1013 the applications filed by Mineral on Jan. 21,1969, and Feb. 10,1969, will be dismissed as moot.

FEDERAI REGISTER, VO L 34, NO. I— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14495

22 prom Mack R. Worl et al. to Mineral Resources Corp. [Docket Nos. RI70-173 etc.] Merges “et al." party and Mineral Resources into Royal Oil & Gas Corp. 21 No permanent certificate issued in Docket No. 0168-1452 (temporary certificate issued July 19,1968); therefore, SHELL OIL CO., ET AL. the abandonment will be penmitted in said docket, the temporary certificate will be terminated and the related rate schedule canceled. Order Providing for Hearings on and 28 Limited to production from above the base of the Newburg Formation; 2« By letter fifed Aug. 4,1969, Applicant advised willingness to acoept a permanent certificate at 18.5 cents per Suspension of Proposed Changes in Mcf for casinghead gas adjusted for quality as prescribed in Opinion No. 546. 22 Jan. 1,1974, moratorium provided by Opinion No. 546-A. Rates 1 2» Currently on file as Petroleum, Inc., et al., FPC GRS No. 19. S eptember 5, 1969. 2® Assigns acreage from Petroleum, Inc., et al., to Austin Brady. , _ _ _ 30 Accepts conditioned temporary certificate issued May 8, 1969 (fifed May 14,1969). By fetter fifed July 22,1969, The Respondents named herein have Applicant indicated willingness to accept a permanent certificate conditioned to the area ceiling rate of 15 cents per Mcf and subject to the outcome of the proceedings in Docket No. R-338. filed proposed increased rates and 31 Limited to production from the Newburg Formation. charges of currently effective rate sched­ *2 Currently on fife as Champlin Petroleum Co. (Operator) et al., FPC GRS No. 65. 33 Assigns acreage from Champlin Petroleum Co., to John H. Hill (Operator) et al. ules for sales of natural gas under Com­ 31 Between Monsanto Co. and the purchaser. mission jurisdiction, as set forth in Ap­ 3« Between R. S. Littlefield and the purchaser. • pendix A hereof. 3« Between Allen Gattis and the purchaser. The proposed changed rates and 32 Currently on fife as Skelly Oil Co., FPC GRS No. 211. 3* Assignment from F. H. Stevens, Jr., and Don E. Webber, who acquired the subject property from Skelly Oil charges may be unjust, unreasonable, Co., to Whittington Oil Co., Inc. Stevens and Weber made no filings with respect to the subject acreage. unduly discriminatory, or preferential, 3» ’’Piling submitted by Midhurst Oil Corp. Midhurst acquired all the stock of Rycade on Sept. 17,1968, and on Sept. or otherwise unlawful. 18,1968, Midhurst liquidated Rycade. The Commission finds: It is in the pub­ 40 Applicant stated its willingness to accept a permanent certificate conditioned to a 1 to 7,300 reserve ratio and subject to the outcome of the proceedings in Docket No. R-338, as provided in the temporary certificate. lic interest and consistent with the 41 Contract between Mobil Oil Corp. and United Gas Pipe Line Co.; currently on fife as Mobil Oil Corp. (Operator) Natural Gas Act that the Commission et al., FPC GRS No. 24. 32 instrument whereby Mobil filed up to base area rate of 18.5 cents per Mcf. enter upon hearings regarding the law­ 43 Transfers acreage from Mobil to Iowa, Ltd. fulness of the proposed changes, and 44 Transfers acreage from Iowa, Ltd. to Three S & T Oil Co., Inc. that the supplements herein be sus­ 48 Acreage committed with respect to gas produced down to the base of the Tonkawa Formation which is found at pended and their use be deferred as 8,218 feet as shown on the Dresser Atlas Gamma Ray Neutron Log dated Nov. 2, 1968. 4« Complies with temporary certificate issued July 3, 1969. Applicant states willingness to accept a permanent ordered below. certificate conditioned to an initial rate of 15 cents per Mcf as stipulated in the temporary certificate and subject to The Commission orders: the outcome of the proceedings in Docket No. R-338. (A) Under the Natural Gas Act, par­ 42 Present contract rate is 19.5 cents per Mcf, plus tax reimbursement subject to upward and downward B.t.u. adjustment; Applicant is filing for 17 cents per Mcf, including tax reimbursement, subject to upward and downward ticularly sections 4 and 15, the regula­ B.t.u. adjustment. tions pertaining thereto (18 CFR ch. 48 Applications previously noticed June 16,1969, in Dockets Nos. G-4820 et al., as amendments to add acreage in I), and the Commission’s rules of prac­ Dockets Nos. ¿169-591 and ¿168-1407; applications have been reassigned Dockets Nos. CI69-1216 and CI69-1217, respectively, and are being processed as initial service applications. tice and procedure, public hearings shall 4» Currently on fife as Humble Oil & Refining Co., FPC GRS No. 425. be held concerning the lawfulness of the w Assigns acreage from Humble Oil & Refining Co., to Francis Oil & Gas., Inc., et al. proposed changes. *1 Filed pursuant to paragraph (E) of the Commission’s order issued Aug. 19,1966, as amended by order issued Aug. 16,1967, which required an abandonment application at the expiration of the short term certificate. (B) Pending hearings and decisions 82 Processed at Union Oil of California’s Worland Plant for the removal of liquids before delivery to buyer. thereon, the rate supplements herein are «3 Safe being rendered without prior Commission authorization. suspended and their use deferred until M Between Kermit Oil Co., and El Paso Natural Gas Co. Kermit was issued a small producer certificate on Nov. 4, date shown in the “Date Suspended Un­ 1966, in Docket No. CS67-6. 8» From Kermit to Estate of Elizabeth R. Sharp. til” column, and thereafter until made 8« Rate of 14 cents per Mcf effective subject to refund in Docket No. RI68-288. Applicant requests termination of effective as prescribed by the Natural the proceeding pending In Docket No. RI68-288 due to de minimis amounts collected ($193.34). Gas Act. 87 Between Southwest Production Co., and El Paso Natural Gas Co.; currently on fife as Beta Development Co., FPC GRS No. 1. (C) Until otherwise ordered by the 8« From Beta Development Co., to Depco, Inc., and Husky Oil Co. Husky and Depco never made certificate Commission, neither the suspended sup­ filings to cover the subject acreage. plements, nor the rate schedules sought 5» From Husky and Depco to Pan American Petroleum Corp. to be altered, shall be changed until disposition of these proceedings or ex­ Suggested general undertaking in accordance and future rate increases suspended under with order No 377 : piration of the suspension period. section 4(e) of the Natural Gas Act and col­ (D) Notices of intervention or peti­ B e f o r e t h e F e d e r a l P o w e r C o m m i s s i o n lected subject to refund thereunder and has tions to intervene may be filed with the caused this undertaking to be executed and (Name of Respondent------) Federal Power Commission, Washington, sealed in its name by a duly authorized D.C. 20426, in accordance with the rules GENERAL UNDERTAKING OF (NAME OF RESPOND­ officer this._____ day of______, 196___ ENT) TO COMPLY WITH REFUNDING AND RE­ of practice and procedure (18 CFR 1.8 PORTING PROVISIONS OF SECTION 154.102 OF (Name of Respondent) and 1.37(f)) on or before October 22, THE COMMISSION’S REGULATIONS UNDER THE 1969. NATURAL GAS ACT B y ------By the Commission. (Name of Respondent) hereby agrees to Attest: [seal] G ordon M. Grant, comply with the refunding and reporting Secretary. provisions of section 154.102 of the Commis­ sion’s regulations under the Natural Gas Act [F.R. Doc. 69-10864; Filed, Sept. 16, 1969; 1Does not consolidate for hearing or dis­ Insofar as they are applicable to any present 8:45 a.m.] pose of the several matters herein.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178 ■6 14496 NOTICES

Appendix A

Cents perMcf Rate in Rat« Sup- Amount Date Effective Date ------effect sub­ Docket Respondent sched- pio­ Purchaser and producing area of filing date un- sus- Sat« in Proposed ject to vile ment annual tendered less sus- pended effect increased refund in No. increase pended unto— rate dockets No. No. Nos.

RI70-173.. Shell Oil Co., 60 West 306 7 El Paso Natural Gas Co. (South $524 8-11-60 *9-28-69 2-28-70 **18.5705 * * * 1A 6620 RI69-716. 50th St., New York, Andrews Field, Andrews County, N.Y. 10020. Tex.) (RR. District No. 8) (Per­ mian Basin Area). RI70-174.. Skelly Oü Co. (Operator), 31 6 El Paso Natural Gas Co. (Eunice 129,402 8-11-69 * 9-11-69 2-11-70 13.88 «»16.50 Post Office Box 1850, .Plant No. 2, Lea County, Tulsa, Okla. 74108. N. Mex.) (Permian Basin Area). RI70-175-. Skelly Oil Co., Post Office 108 7 El Paso Natural Gas Co. (South 5,307 8-13-69 *9-13-69 2-13-70 12.81 «»16.0 Box 1650, Tulsa, Okla. Andrews Field, Andrews County, 74102. Tex.) (RR. District No. 8) (Permian Basin Area). .do. 113 0 El Paso Natural Gas Co. and Pecos 1,905 8-13-69 *9-13-69 2-18-70 14.10 «»16.0 Co. (Amacker-Tippett Field, Upton County, Tex.) (RR. Dis­ trict No. 7-C) (Permian Basin Area). .do. 167 3 El Paso Natural Gas Co. (Eunice 449,240 8-13-69 * 9-13-69 2-13-70 13.88 ♦»1850 Plant No. 2, Lea County, N. Mex.) (Permian Basin Area). RI70-176- - Marathon Off Co., 639 104 . 1 Colorado Interstate Gas Co. (South 519 8-11-69 *9-11-69 2-11-70 17.20 » « 18 837 South Main St., Find­ Samsutter Area, Sweetwater lay, Ohio 45840. County, Wyo.). «»20.2875 RI70-177-. American Liberty Off 1 » Transwestern Pipeline Co. (Artesia 37,884 8-7-69 •9- 7-60 a- 7-70 *17.21 Co., 4100 First National Plant, Eddy County, N. Mex.) 217,780 . »14.99 * * 20.2875 Bank Bldg., Dallas, (Permian Basin Area). Tex. 75202. RI70-178.. Signal Oil & Gas Co. 4 6 El Paso Natural Gas Co. (South 3,201 8- 7-69 *8- 7-69 2- 7-70 15.0 *«16.0 RI69-96. (Operator) et al., 1010 Andrews Field, Andrews County, Wilshire Blvd., Los Tex.) (RR. District No. 8) Angeles, Calif. 90017. (Permian Basin Area). RJ 09-632. __..do______!______8 ...... do_•...... 61 8- 7-69 *9- 7-69 2- 7-70 15.0 *«16.0 ___ do...... — 6 El Paso Natural Gas Co. (Todd San 810 8- 7-60 • 9- 7-69 2- 7-70 16.50 »«17.50 RI09-148. Andres Field, Crockett County, Tex.) (RR. District No. 7-C) (Permian Basin Area). RI70-179.. Mobil Oil Corp., Post 406 1 El Paso Natural Gas Co. (Tocito 3,475 8- 8-69 *9-27-69 2-27-70 **13.0 *«16.0 Office Box 1774, Hous­ Dome Field, San Juan County, ton, Tex. 77001. N. Mex.) (San Juan Basin Area). ___ do„...... 204 3 Lone Star Gas Co. (Carter-Knox 1,092 8-13-69 *8-13-69 2-13-70 16.8 «**19.0 Field, Stephens and Grady Counties, Okla.) (Carter-Knox Area). ««18.0 ...... do...— ...... -__ 297 3 ...... do...... : ...... - 273 8-13-69 »8-13-69 2-13-70 16.8 RI70-180.. Pioneer Production Corp. 20 2 Northern Natural Gas Co. (Mam­ 2,194 8-15-69 *8-15-69 2-15-70 M 17.0 »««18.0 (Operator) et al., Poet moth Creek (North Cleveland) Office Box 2542, Ama­ Field, Lipscomb County, Tex.) rillo, Tex. (RR. District No. 10). • *«18.0 ___ do.„...... 22 1 . . — do______!...... 171 8-15-69 *8-15-69 2-15-70 **17.0 ___ do...... 25 2 ____do___ ...... 805 8-13-69 *9-13-69 2-13-70 “ 17.0 *««18.0 ___ do„...... 26 1 ___ do...... — 210 8-13-69 *9-13-69 2-13-70 M 17.0 »*«18.0 - ___ do—...... — 29 1 .....do...... 203 8-13-69 *9-13-69 2-13-70 “ 17.0 *««18.0 ___ do...... 23 2 Northern Natural Gas Co. (Ton- 479 8-13-69 *9-13-69 2-13-70 M 17.0 *«»18.0 kowa Mammoth Creek (North Cleveland) Lipscomb County, Tex.) (R.R. District No. 10). ___ do...... , 28 1 Northern Natural Gas Co. (Foffeti 4,241 8-12-69 *9-12-69 2-12-70 «17.0 * * » 18 0 (Morrow) Field, Lipscomb Coun­ ty, Tex.) (RR. District No. 10). » « M18.0 RI70-181.. Pioneer Production Con?. 21 1 Northern Natural Gas Co. (Lower 174 8-15-69 »10- 1-69 3- 1-70 »17.6 Morrow Field, Beaver County, Okla.) (Panhandle Area). **«13.0 RI65-124. RI70-182.. Clinton Oil Co. (Opera- 12 6 Cities Service Gas Co. (Kay County, 5,760 8-14-69 »9-14-69 2-14-70 «12.0 tor) et al., 6810 West Okla.) (Oklahoma“Other” Area). Hi-Way No. 64, Wichita, Kans. 67209. »*«18.015 R170-183. Cra, Inc., Post Office 32 2 Northern Natural Gas Co. (McLeod 1,522 8-11-69 « 9-11-69 2-11-70 »17.0 Box 7305, Kansas City, No. 1 Well, Beaver County, Okla.) (Panhandle Area). Mo. 64116. 2-13-70 MU 17.0 liuu ig.0 RI65-136. RI7Ó-184. Getty Oil Co. Post Office 98 2 Cities Service Gas Co. (Southeast 1,358 8-13-69 *9-13-69 Box 1404, Houston, -Woodward Field, Woodward County, Okla.) (Panhandle Area). Tex. 77001. 2-13-70 «* « 18. 660 »««»19.735 RI64-647. R170-186. Thomas N. Berry & Co. 1 3 Colorado Interstate Gas Co. (Mocane 2,938 8-13-69 *9-13-69 (Operator) et al., Post Field, Beaver County, Okla.) Office Box 111, Stiff- (Panhandle Area). water, Okla. » « « 18.0 ___ do...... 4 1' Cities Service Gas Co. (Northwest 504 8-13-69 * 9-13-69 2-13-70 «17.0 Lovedale Field, Harper County, Okla.) (Panhandle Area). - RI68-91. RI70-186-. Atlantic Richfield Co. 219 6 Transwestem Pipeline Co. (North­ 3,600 8-13-69 »9-13-69 2-13-70 «19.0 * *« *« 20.6 (Operator) et al., Post east Elmwood and Southeast Office Box 2819, Dallas, Griggs Fields, Beaver and Cimar­ Tex. 75221. ron Counties, Okla.) (Panhandle Area).

a The stated effective date is the effective date requested by Respondent. >s Initial rate. * Periodic rate increase. ** Two-step periodic rate increase. * Pressure base is 14.65 p.s.i.a. u Subject to a downward B.t.u. adjustment. . . . . » Rate includes adjustments for quality. , , u includes 1 cent for gathering, dehydration and delivery of gas paid by buyer to * Motion has been filed to make rate effective upon expiration of the suspension period. i* Subject to upward and downward B.t.u. adjustment. 11ncrease from applicable area ceiling rate to contract rate. i7 includes base rate of 16 cents plus 2.66 cents upward B.t.u. adjustment before * The stated effective date is the first day after expiration of the statutory notice. increase and base rate of 17 cents plus 2.72 cents upward B.t.u. adjustment (1,100 » Residue gas derived from new gas-well gas. B.t.u. gas) plus 0.015-cent tax reimbursement after increase, 1« Residue gas not derived from new gas-well gas. is “Fractured” rate increase. Respondent contractly due 26 cents per Met H Pressure base is 15.025 p.s.i.a.

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14497

American Liberty Oil Co. requests waiver rate is 12 cents per 100 pounds plus $8.75 plements, in carloads and tank carloads, of the statutory notice to permit an effective per car. The rate sought would apply only as described in the application, from, to, date of September 1, 1969, for its proposed rate increase. Signal Oil and Gas CO. (Opera­ on shipper-furnished cars. and between points in Texas, over inter­ tor) et al., also request waiver of the statu­ General public notification of the filing state routes through adjoining States. tory notice to permit a retroactive effective of this petition will be given by publica­ Grounds for relief—Intrastate rates date of August 1, 1969, for their proposed tion of the instant notice in the F ederal and maintenance of rates from and to rate increases. Clinton Oil Co. (Operator) R egister. points in Other States not subject to the et al., request an effective date of Septem­ Any persons interested in the matters same competition. ber 12, 1969, for their rate increase. Gra, Inc., involved in this petition may, on or be­ Tariff—Supplement 90 to Texas-Loui­ requests an effective date of September 1, fore 30 days from the publication of this siana Freight Bureau, agent, tariff ICC 1969, for its proposed rate increase. Good F ederal R egister, cause has not been shown for waiving the notice in the file replies 998. to the petition supporting or opposing the 30-day notice requirement provided in sec­ Aggregate - o f-I ntermediates tion 4(d) of the Natural Gas Act to permit determination sought. An original and earlier effective dates for the aforementioned 15 copies of such replies must be filed FSA No. 41757—Class and commodity producers’ rate filings and such requests are with the Commission and must show rates between points in Texas. Filed by denied. service of two copies upon Mr. John H. Texas-Louisiana Freight Bureau, agent Shell Oil Oo. (Shell) proposes a rate change Gobel, attorney for petitioner, Baltimore (No. 631), for interested rail carriers. related to a rate schedule under which the Rates on hot topping compounds, and current rate is suspended. Shell has sub­ and Ohio Chicago Terminal Railroad Co., mitted the required motion to place the Grand Central Station, Chicago, 111. other commodities named in the applica­ suspended rate in effect and proposes to make 60607. Thereafter a determination will tion, in carloads and tank carloads, from, the instant rate change effective as of 1 be made as to the disposition of the to and between points in Texas, over in­ day after expiration of the suspension period. petition. It is not contemplated that terstate routes through adjoining States. Shell also requests that the instant filing be there will be any further general public Grounds for relief—Maintenance of suspended for only 1 day, or if longer, the notification published in the F ederal depressed rates published to meet intra­ suspension period terminate on January 1, R egister of the succeeding procedural state competition without use of such 1970, since the proposed rate was contrac­ rates as factors in constructing combina­ tually due on August 1, 1969. Good cause has handling of this proceeding. Subsequent not been shown for limiting to 1 day the orders entered herein will be served solely tion rates. suspension period with respect to Shell’s on the persons responding to this notice Tariff—Supplement 90 to Texas-Loui­ rate filing and such request is denied. We and on petitioner. siana Freight Bureau, agent, tariff ICC conclude that Shell’s proposed rate increase 998. should be suspended for 5 months from [ seal] Andrew Anthony, Jr., Acting Secretary. FSA No. 41758—Passenger fares in September 28, 1969. southern territory. Filed by Southern Mobil Oil Corp. (Mobil) requests that if [F.R. Doc. 69-11088; Filed, Sept. 16, 1969; Passenger Association, agent (No. 4), for the Commission should suspend its proposed 8:49 a.m.] rate increase that the suspension period be interested rail carriers. This is in rela­ limited to 1 day. Good cause has not been tion to the transportation of passengers shown for limiting to 1 day the suspension between points on lines of applicant car­ period with respect to Mobil’s rate filing and FOURTH SECTION APPLICATIONS FOR riers and between such points on the one such request is denied. RELIEF hand, and points on lines of connecting All of the producers’ proposed increased carriers, on the other. S eptember 12,1969. rates and charges exceed the applicable area Grounds for relief—Establishment of price levels for increased rates as set forth Protests to the granting of an applica­ increased first-class coach fares by ap­ in the Commission’s statement of general tion must be prepared in accordance with policy No. 61-1, as amended (18 CFR, ch. I, plicant carriers and maintenance of de­ Rule 1100.40 of the general rules of prac­ pressed joint through fares. pt. 2, sec. 2.56), with the exception of the tice (49 CFR 1100.40) and filed within 15 rate increases filed by the producers in the By the Commission. Permian Basin Area which exceed the just days from the date of publication of this and reasonable rates established by the Com­ notice in the F ederal R egister. [seal] H. Neil G arson, mission in Opinion No. 468, as amended, and L ong- and-S hort H aul Secretary. should be suspended for 5 months as ordered herein. FSA No. 41754—Anhydrous ammonia [F.R. Doc. 69-11089; Filed, Sept. 16, 1969; 8:49 a.m.] [F.R. Doc. 69-10868; Filed, Sept. 16, 1969; from Geismar, La. Filed by Southwestern 8:45 am .] Freight Bureau, agent (No. B-50), for interested rail carriers. Rates on anhy­ [Notice 568] drous ammonia, in tank carloads, as de­ scribed in the application, from Geismar, MOTOR CARRIER ALTERNATE ROUTE INTERSTATE COMMERCE La., • to Marseilles, 111., Sergeant Bluff, DEVIATION NOTICES Iowa, Albert Lea and Fairmont, Minn. S eptember 12,1969. Grounds for relief—Market competi­ COMMISSION The following letter-notices of pro­ [19610] tion. Tariff—Supplement 65 to Southwest­ posals to operate over deviation routes BALTIMORE AND OHIO CHICAGO ern Freight Bureau, agent, tariff ICC for operating convenience only have been TERMINAL RAILROAD CO. 4780. filed with the Interstate Commerce FSA No. 41755—Sugar from Hereford, Commission^ under the Commission’s Switching Rates in the Chicago Tex. Filed by Southwestern Freight Deviation Rules Revised, 1957 (49 CFR Switching District Bureau, agent (No. B-78), for interested Part 1042.1(c)(8)) and notice thereof rail carriers. Rates on sugar, beet or cane, to all interested persons is hereby given S eptember 5, 1969. in carloads, as described in the applica­ as provided in such rules (49 CFR Part Notice is hereby given that the Balti­ tion, from Hereford, Tex., to Scott City, 1042.1(d) (4)). more and Ohio Chicago Terminal Rail­ Mo. Protests against the use of any pro­ road Co., has filed a petition with the Grounds for relief—Market competi­ posed deviation route herein described Interstate Commerce Commission for tion. may be filed with the Interstate Com­ modification of the outstanding orders in Tariff—Supplement 121 to Southwest­ merce Commission in the manner and this proceeding. The petitioner seeks ern Freight Bureau, agent, tariff ICC form provided in such rules (49 CFR permission to establish, via single-line 4514. Part 1042.1(e)) at any time, but will not route of the petitioner, a rate of 7 cents FSA No. 41756—Class and commodity operate to stay commencement of the per 100 pounds, minimum weight 80,000 rates between points in Texas. Filed by proposed operations unless filed within pounds per car, on motor fuel anti-knock Texas-Louisiana Freight Bureau, agent 30 days from the date of publication. compound, in tank cars, from Barr Yard (No. 630), for interested rail carriers. Successively filed letter-notices of the (Blue Island, 111.) to Clark Oil and Refin­ Rates on alumina, calcined or hydrated, same carrier under the Commission’s ing Corp. (Blue Island, 111.). The present iso-octyl alcohol, and feed and feed sup­ Deviation Rules Revised, 1957, will be

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14498 NOTICES numbered consecutively for convenience Highway 12D to Booneville, N.Y., thence Highway 71 to junction Interstate High­ in identification and protests if any over New York Highway 12 to Barneveld, way 271, thence over Interstate Highway should refer to such letter-notices by N.Y., thence over New York Highway 28 271 to junction Ohio Highway 176, thence number. to Herkimer, N.Y., thence over New York over Ohio Highway 176 to the site of Highway 5 to Albany, N.Y., thence over Strickland Transportation Co., Inc., ter­ M otor Carriers op P roperty U.S. Highway 9W to Newburgh, N.Y., minal at West Richfield, Ohio; No. MC 7840 (Deviation No. 1), ST. thence over New York Highway 32 to (4) From St. Louis, Mo., over U.S. LAWRENCE FREIGHTWAYS, INCOR­ Harriman, N.Y., thence over New York Highway 40 (or Interstate Highway 70) PORATED, 650 Cooper Street, Water- Highway 17 to the New York-New Jersey to Effingham, 111., thence over Interstate town, N.Y. 13601, filed September 3,1969. State line, thence over New Jersey High­ Highway 57 to junction Illinois Highway Carrier’s representative: Herbert M. way 17 (formerly New Jersey Highway 16 near Mattoon, 111., thence over Illinois Canter, 345 South Warren Street, Syra­ 2) to junction New Jersey Highway 3, Highway 16 to Paris, 111., thence over cuse, N.Y. 13202. Carrier proposes to thence over New Jersey Highway 3 via U.S. Highway 150 to West Terre Haute, operate as a common carrier, by motor the Holland Tunnel to New York, N.Y., Ind., thence over U.S. Highway 40 (or In ­ vehicle, of general commodities, with and return over the same route. terstate Highway 70) to Indianapolis, certain exceptions, over deviation routes No. MC 48958 (Deviation No. 19), IL- Ind., thence over U.S. Highway 36 to as follows: (1) Prom Watertown, N.Y., LINOIS - CALIFORNIA EXPRESS, INC., junction Indiana Highway 9, thence over over Interstate Highway 81 to Bing­ Post Office Box 9050, Amarillo, Tex. Indiana Highway 9 to junction Interstate hamton, N.Y., thence over New York 79105, filed September 2, 1969. Carrier’s Highway 69, thence over Interstate High­ Highway 17 to the New York-New Je r­ representative: Morris G. Cobb, same way 69 to Fort Wayne, Ind., thence over sey State line, thence over New Jersey address as applicant. Carrier proposes to U.S. Highway 24 to Toledo, Ohio, thence Highway 17 to junction New Jersey High­ operate as a common carrier, by motor over Interstate Highway 75 to Detroit, way 3, thence over New Jersey Highway vehicle, of general commodities, with Mich.; (5) from St. Louis, Mo., over U.S. 3 through the Holland Tunnel to New certain exceptions, over a deviation route Highway 40 (or Interstate Highway 70) York, N.Y.; (2) from Watertown, N.Y., as follows: From junction U.S. Highway to Effingham, 111., thence over Interstate over Interstate Highway 81 to Syracuse, 89 and Bell Road approximately 1.5 miles Highway 57 to junction Illinois Highway N.Y., thence over Interstate Highway 90 northwest of Surprise, Ariz., over Bell 16 near Mattoon, 111., thence over Illinois to Albany, N.Y., thence over Interstate Road to junction Interstate Highway 17, Highway 16 to Paris, 111., thence over Highway 87 to New York, N.Y.; (3) from thence over Interstate Highway 17 to U.S. Highway 150 to West Terre Haute, Watertown, N.Y., over New York High­ junction U.S. Highway 89 at Phoenix, Ind., thence over U.S. Highway 40 (or In ­ way 12 to Utica, N.Y., thence over Inter­ Ariz., and return over the same route, for terstate Highway 70) to Indianapolis, state Highway 90 to Albany, N.Y., thence operating convenience only. The notice Ind., thence over U.S. Highway 31 to over Interstate Highway 87 to New York, indicates that the carrier is presently South Bend, Ind.; and (6) from St. Louis, N.Y.; (4) from Watertown, N.Y., over authorized to transport the same com­ Mo., over the route described in (5) above New York Highway 12 to junction New modities, over a pertinent service route to Terre Haute, Ind., thence over U.S. York Highway 28, thence over New York as follows: Between Wickenburg, Ariz., Highway 41 to Attica, Ind., thence over Highway 28 to junction New York High­ and Phoenix, Ariz., over U.S. Highway 89. Indiana Highway 28 to junction Indiana way 5, thence over New York Highway 5 Highway 25 at Odell, Ind., thence over to junction New York Highway 5S at No. MC 59680 (Deviation No. 78), STRICKLAND TRANSPORTATION Indiana Highway 25 to Rochester, Ind., Canajoharie, N.Y., thence over New York thepce over U.S. Highway 31 to South Highway 5S to junction New York High­ CO., INC., Post Office Box 5689, Dallas, Tex. 75222, filed September 4, 1969. Car­ Bend, Ind., arid return over the same way 162, at or near Sprakers, N.Y., thence rier proposes to operate as a common routes, for operating convenience only.- over New York Highway 162 to junction carrier, by motor vehicle, of general com­ The notice indicates that the carrier is New York Highway 30A at a point just presently authorized to transport the north of Sloansville, N.Y., thence over modities, with certain exceptions over deviation routes as follows: (1) From St. same commodities, over pertinent service New York Highway 30A to junction New routes as follows: York Highway 7 at a point south of Louis, Mo., over U.S. Highway 40 (or In ­ terstate Highway 70) to Effingham, 111., (1) From St. Louis, Mo., over U.S. Central Bridge, N.Y., thence over New Highway 66 to junction Illinois Highway York Highway 7 to junction New York thence over Interstate Highway 57 to junction Illinois Highway 16 near Mat- 48, thence over Illinois Highway 48 to Highway 30, at a point east of Central toon, HI., thence over Illinois Highway junction U.S. Highway 54, thence over Bridge, N.Y., thence over New York U.S. Highway 54 to junction U.S. High­ Highway 30 to junction New York High­ 16 to Paris, 111., thence over U.S. High­ way 150 to East Terre Haute, Ind., thence way 24 at Gilman, 111., thence over U.S. way 145 at Middleburg, N.Y., thence over Highway 24 to junction U.S. Highway 6 New York Highway 145 to junction New over U.S. . Highway 40 (or Interstate Highway 70) to junction U.S. Highway at Napoleon, Ohio, thence over U.S. York Highway 32 at Cairo, N.Y., thence Highway 6 to Lorain, Ohio, thence over over New York Highway 32 to junction 42, west of Columbus, Ohio, thence over U.S. Highway 42 to junction U.S. High­ Ohio Highway 57 to junction Ohio High­ U.S. Highway 9W at Saugerties, N.Y., way 254, thence over Ohio Highway 254 thence over U.S. Highway 9W to junction way 36, thence over U.S. Highway 36 to junction Interstate Highway 71, thence to Cleveland, Ohio, thence over Ohio U.S. Highway 9, thence over U.S. High­ Highway 176 to West Richfield, Ohio; (2) way 9 to access road to the Holland Tun­ over Interstate Highway 71 to junction Ohio Highway 18, thence over Ohio High­ from St. Louis, Mo., over U.S. Highway nel, thence through the Holland Tunnel 66 to junction Illinois Highway 48, thence to New York, N.Y.; and way 18 to junction Ohio Highway 176, thence over Ohio Highway 176 to the site over Illinois Highway 48 to junction U.S. (5) From Watertown, N.Y., over theof Strickland Transportation Co., Inc., Highway 54, thence over U.S. Highway route described in (4) above to Cairo, terminal at West Richfield, Ohio; (2) 54 via Onarga, Gilman, and Kankakee, N.Y., thence over New York Highway 32 from St. Louis, Mo., over the route de­ 111., to Chicago, 111., thence over U.S. to junction Interstate Highway 87 at scribed in (1) above to West Terre Haute, Highway 12 to junction unnumbered Saugerties, N.Y., thence over Interstate Ind., thence over U.S. Highway 40 (or In ­ highway (formerly U.S. Highway 12) ,,at Highway 87 to New York, N.Y., and re­ terstate Highway 70) to junction Inter­ or near New Buffalo, Mich., thence over turn over the same routes, for operating state Highway 71 at Columbus, Ohio, unnumbered highway via Union Pier, convenience only. The notice indicates thence over Interstate Highway 71 to Lakeside, and Herbert, Mich., to junction that the carrier is presently authorized junction Ohio Highway 18, thence over Interstate Highway 94 (formerly U.S. to transport the same commodities, over Ohio Highway 18 to junction Ohio High­ Highway 12), thence over Interstate a pertinent service route as follows: way 176, thence over Ohio Highway 176 Highway 94 to junction Business Inter­ From Ogdensburg, N.Y., over New York to the site of Strickland Transportation state Highway 94 (formerly U.S. High­ way 12), thence over Business Interstate Highway 37 to Watertown, N.Y., thence Co., Inc., terminal at West Richfield, Highway 94 via Benton Harbor, Mich., to over New York highway 3 to Carthage, Ohio; (3) from St. Louis, Mo., over the junctiofi unnumbered highway (formerly N.Y., thence over New York Highway 26 route described in (1) and (2) above to U.S. Highway 12), thence over unnum­ to Lowville, N.Y., thence over New York Columbus, Ohio, thence over Interstate bered highway via Coloma, Watervliet,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14499

Hartford, Lawrence, Paw Paw, and Osh- well, Ohio, over U.S. Highway 21 to Highway 141 over Missouri Highway 141 temo, Mich., to junction» Business Inter­ Caldwell, Ohio; (15) from junction Ohio to junction U.S. Highways 61-67, (c) state Highway 94 (formerly U.S. Highway Highway 78 and U.S. Highway 21 just from junction Interstate Highway 55 12), thence over Business Interstate south of Caldwell, Ohio, over Ohio High­ and Jefferson County Route M over Highway 94 via Kalamazoo, Mich., to way 78 to junction Interstate Highway Jefferson County Route M to junction junction Interstate Highway 94 (for­ 77; (16) from Macksburg, Ohio, over U.S. Highways 61 and 67, (d) from merly U.S. Highway 12), thence over Washington County Road 301 to junction junction Interstate Highway 55 and Je f­ Interstate Highway 94 to junction un­ Interstate Highway 77; (17) from Mari­ ferson County Route Z over Jefferson numbered highway (formerly U.S. High­ etta, Ohio, over U.S. Alternate Highway County Route Z to junction U.S. High­ way 12), thence over unnumbered high­ 50 to junction Interstate Highway 77; ways 61 and 67, and (e) from junction way via Battle Creek, Marshall, Marengo, (18) from Parkersburg, W. Va., U.S. Interstate Highway 55 and U.S. Highway Albion, and Parma, Mich., to junction Highway 50 to junction Interstate High­ 61 south of Festus and Crystal City, Mo., Interstate Highway 94 (formerly U.S. way 77; (19)' from Ripley, W. Va., over over U.S. Highway 61 to junction U.S. Highway 12), thence over Interstate U.S. Highway 33 to junction Interstate Highways 61 and 67, thence over U.S. Highway 94 to junction unnumbered Highway 77, and return over the same Highways 61 and 67 to Festus and Crystal highway, (formerly U.S. Highway 12), routes, for operating convenience only. City, Mo., (2) from junction Interstate thence over unnumbered highway via The notice indicate that the carrier is Highway 55 and U.S. Highway 61, 1 mile Lima, Mich., to Ann Arbor, Mich., thence presently authorized to transport pas­ south of Fruitland, Mo., over Interstate over Interstate Highway 94 (formerly sengers and the same property over perti­ Highway 55 to junction Missouri High­ U.S. Highway 12), to Detroit, Mich.,* and nent service routes as follows: (1) From way Route K west of Cape Girardeau, (3) from St. Louis, Mo., over U.S. High­ Cleveland over Ohio Highway 8 via Bed­ Mo., with the following access routes; way 66 to junction Illinois Highway 48, ford and Akron, Ohio, to Dover, Ohio, (a) from junction Interstate Highway 55 thence over Illinois Highway 48 to junc­ thence over U.S. Highway 250 to New and Missouri Highway Route K over Mis­ tion U.S. Highway 54, thence over U.S. Philadelphia, Ohio; (2) from Cleveland souri Highway Route K to junction U.S. Highway 54 via Onarga, Gilman, and over Ohio Highway 176 to junction Rock- Highway 61, and (b) from junction In ­ Kankakee, 111., to Chicago, 111., thence side Road, thence over Rockside Road terstate Highway 55 and U.S. Highway over U.S. Highway 20 to South Bend, to junction U.S. Highway 21, thenee over 61, 4 miles north of Cape Girardeau, Mo., Ind., and return over the same routes. U.S. Highway 21 to junction Ohio High­ over U.S. Highway 61 to Cape Girardeau, M otor Carriers of P assengers way 176, thence over Ohio Highway 176 Mo., (3) from Cape Girardeau, Mo., over .to junction Ohio. Highway 18, thence Interstate Highway 55 to junction U.S. No. MC 1515 (Deviation No. 531) (Can­ over Ohio Highway 18 to Akron, Ohio, Highway 62, 2 miles east of Sikeston, Mo., cels Deviation No. 502), GREYHOUND thence over Ohio Highway 5 to junction with the following access route : LINES, INC. (Eastern Division), 1400 U.S. Highway 21, and thence over U.S. West Third Street, Cleveland, Ohio 44113 (a) From Cape Girdardeau, Mo., over Highway 21 via Navarre, Dover, and New Missouri Highway Route K to junction filed August 29, 1969. Carrier proposes to Philadelphia, Ohio, to Marietta (also operate as a common carrier, by motor Interstate Highway 55, and (b) from from Cleveland over Ohio Highway 176 junction Interstate Highway 55 and U.S. vehicle, of passengers and their baggage, to junction U.S. Highway 21); (3) from and express and newspapers in the same Highway 62, over U.S. Highway 62 to Massillon, Ohio, over U.S. Highway 30 Sikeston, Mo., and (4) from Sikeston, vehicle with passengers, over deviation to Canton; (4) from Richfield, Ohio, over routes as follows: (1) From junction Mo., over Interstate Highway 57 to junc­ Ohio Highway 303 to junction Ohio High­ tion Missouri Highway 77, 1 mile south Pleasant Valley Road and U.S. Highway way 176; (5) from junction Ohio High­ 21 in Independence, Ohio, over Pleasant of Charleston, Mo., with the following way 176 and Oaks Road over Oaks Road access route: from junction Interstate Valley Road to junction Interstate High­ to junction 21; (6) from Massillon, Ohio, way 77, thence over Interstate Highway Highway 57 and Missouri Highway 105 over Ohio Highway 241 via Greensburg over Missouri Highway 105 to Charles­ 77 to junction Ohio Highway 176 south­ to Akron, Ohio; (7) from Cleveland over east of Ghent, Ohio; (2) from junction ton, Mo., and return over the same route, new U.S. Highway 21 (Willow Freeway) for operating convenience only. The no­ U.S. Highway 21 and Ohio Highway 82 to junction Rockside Road just north of over Ohio Highway 82 to junction Inter­ tice indicates that the carrier is pres­ Independence; and (8) from Bridgeport, ently authorized to transport passengers state Highway 77; (3) from Akron, Ohio, Ohio, over Ohio Highway 7 to Belpre, over Interstate Highway 77 to Canton, and the same property, over pertinent Ohio;- (4) from Canton, Ohio, over Inter­ Ohio, thence across the Ohio River to service routes as follows: (1) From St. Parksburg, W. Va., thence over U.S. Louis, Mo., over U.S. Highway 67 to junc­ state Highway 77 to junction U.S. High­ Highway 21 to Ripley, W. Va., thence way 21, 3 miles north of Pocatalico, W. tion U.S. Highway 61, thence over U.S. over relocated U.S. Highway 21 to Fair- Highway 61 via Jackson, Mo., to Cape Va.; (5) from Strasburg, Ohio, over U.S. plain, W. Va., thence over U.S. Highway Highway 21 to junction Interstate High­ Girardeau, Mo., and (2) from Cape way 77; (6) from Dover, Ohio, over Ohio 21 via Oak Hill and Glen Jean to Beckley, W. Va., and return over the same routes. Girardeau, Mo., over U.S. Highway 61 Highway 39 to junction Interstate High­ to junction Missouri Highway 74, thence way 77; (7) from New Philadelphia, Ohio, No. MC 3210 (Deviation No. 1), ST. over Missouri Highway 74 to junction over U.S. Highway 21 to junction Inter­ LOUIS-CAPE BUS LINE, INC., 16 North Missouri Highway 25 near Dutchtown, state Highway 77; (8) from Newcomers- Frederick Street, Cape Girardeau, Mo. 63701, filed September 5, 1969. Carrier’s Mo., thence over Missouri Highway 25 town, Ohio, U.S. Highway 36 to junction to junction Missouri Highway 77 near Interstate Highway 77; (9) from New- representative: James A Cochrane, Jr., Finch, Finch, Knehans & Cochrane, Post Blomeyer, Mo., thence over Missouri comerstown, Ohio, over U.S. Highway 21 Highway 77 to junction Scott County to junction Interstate Highway 77; (10) Office Box 679, 325 Broadway, Cape Gir­ ardeau, Mo. 63701. Carrier proposes to Road “A”, thence over Scott County from junction Ohio Highway 541 and Road “A” to Chaffee, Mo., thence re­ U.S. Highway 21 over Highway 541 to operate as a common carrier, by motor vehicle, of passengers and their baggage, turn over Scott County Road “A” to junction Interstate Highway 77; (11) Missouri Highway 77, thence over from Cambridge, Ohio, over U.S. High­ and express and newspapers in the same vehicle with passengers, over deviation Missouri Highway 77 to junction U.S. way 22 to junction Interstate Highway Highway 61, thence over U.S. High­ 77; (12) from junction Interstate High­ routes as follows: (1) From St. Louis, Mo., over Interstate Highway 55 to junc­ way 61 to junction Missouri High­ way 70 and U.S. Highway 21 south of way 91, thence over Missouri High­ Cambridge, Ohio, over Interstate High­ tion U.S. Highway 61 south of Festus and Crystal City, Mo., with the following ac­ way 91 to junction U.S. Highway 61, way 70 to junction Interstate Highway thence over U.S. Highway 61 to Sikeston, 77; cess routes (a) from junction Interstate (13) From junction Ohio Highway 313 Highway 55 and U.S. Highways Bypass Mo., thence over U.S. Highway 60 to and U.S. Highway 21 over Ohio Highway 61 and Bypass 67 over U.S. Highways Charleston, Mo., thence over Missouri 313 to junction Interstate Highway 77; Bypass 61 and Bypass 67 to junction Highway 77 to Anniston, Mo., thence re­ (14) from junction U.S. Highway 21 and U.S. Highway 67, (b) from junction turn over Missouri Highway 77 to junc­ Interstate Highway 77, north of Cald­ Interstate Highway 55 and Missouri tion Missouri Highway 105, thence over

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14500 NOTICES

Missouri Highway 105 to East Prairie, Clark, Fort Worth Club Building, Fort tors and stoves, from Philadelphia, Pa., Mo., and return over the same routes. Worth, Tex. 76102. to Phillipsburg, N.J., from Phillipsburg, By the Commission. Between points in Webb County, Tex. N.J., to points in Pennsylvania within 35 (2) No. MC 8468 (Sub-No. 2), filed miles of Phillipsburg, soap, oils, anti­ [ seal] H. Neil Garson, January 23, 1969, published in the F ed­ freeze, rosin, and alcohol, from Easton, Secretary. eral R eister issue of March 20, 1969. Pa., to points in New Jersey within 40 [F.R. Doc. 69-11090; Filed, Sept. 16, 1969; Applicant: SCOBEY MOVING & miles of Easton; and such commodities 8:49 a.m.] STORAGE COMB ANY, a corporation, as are dealt in by retail grocery stores, 315 North Medina Street, San Antonio, between points in New Jersey and Penn­ Tex. 78207. Applicant’s representative: sylvania within 30 miles of Phillipsburg, [Notice 1330] W. Scott Clark, Fort Worth Club Build­ N.J., and Easton, Pa., including Phillips­ MOTOR CARRIER APPLICATIONS AND ing, Fort Worth, Tex. 76102. burg and East&n. Between points in Bexar County, Tex., CERTAIN OTHER PROCEEDINGS No. MC-F-10603. Authority sought for and purchase by REFRIGERATED TRANS­ S eptember 12, 1969. (3) No. MC 133481 filed February 12, PORT CO., INC., Post Office Box 308, The following publications are gov­ 1969, published in the F ederal R egister Forest Park, Ga. 30050, of the operating erned by the new Special Rule 247 of the issue of March 13, 1969. rights of CARAVAN REFRIGERATED Commission’s rules of practice, published Applicant: NEEL’S TRANSFER & CARGO, INC., Post Office Box 1006, in the F ederal R egister, issue of Decem­ STORAGE, INC., 101 Runnels Street, Opelousas, La. 70570, and for acquisition ber 3, 1963, which became effective Ja n ­ Big Spring, Tex. 79720. Applicant’s rep­ by LAMAR BEAUCHAMP, Post Office uary 1,1964. resentative: W. Scott Clark, Fort Worth Box 1453, Winter Haven, Fla., and WIN- The publications hereinafter set forth, Club Building, Fort Worth, Tex. 76102, TON TEAGLE, Post Office Box 308, For­ reflect the scope of the applications as Between points in Howard, Scurry, est Park, Ga., of control of such rights Mitchell, Sterling, Glasscock, Midland, through the purchase. Applicants’ attor­ filed by applicant, and may include de­ ney: Paul M. Daniell, Suite 1600, First scriptions,- restrictions, or limitations Andrews, Dawson, Martin, Ector, Bor­ den, and Gaines Counties, Tex.; that Federal Building, Atlanta, Ga. 30303. which are not in a form acceptable to the Operating rights sought to be trans­ Commission. Authority which ultimately each applicant is fit, willing, and able properly to perform such service and to ferred: Bananas, as a common carrier, may be granted as a result of the appli­ over irregular routes, from New Orleans, cations here noticed will not necessarily conform to the requirements of the In­ terstate Commerce Act and the Commis­ La., to points in Illinois, Iowa, Minne­ reflect the phraseology set forth in the sota, that part of Missouri on, east, and application as filed, but also will elimi­ sion’s rules and regulations thereunder. Because it is possible that other persons south of a line beginning at the Missouri- nate any restrictions which are not ac­ Arkansas State line and extending along ceptable to the Commission. who have relied upon the notice of the applications as published, may have an U.S. Highway 67 to Poplar Bluff, Mo., Applications Assigned for Oral H earing interest in and would be prejudiced by from Gulfport, Miss., to points in Ala­ bama (except Montgomery), Arizona, MOTOR CARRIERS OF PROPERTY the lack of proper notice of'the authority described in the findings in this order, Arkansas, California, Colorado, Georgia Nos. MC 8468 (Sub-No. 1), MC 8468 a notice of the authority actually (except Atlanta and points within 15 (Sub-No. 2), and MC 133481 (Republi­ granted will be published in the F ederal miles of Atlanta), Idaho, Illinois, Iowa, cations). By their separate applications R egister and issuance of certificates in Kansas, Louisiana, Michigan, Minnesota, filed and published in the F ederal R egis­ this proceeding will be withheld for a Mississippi, Missouri, Montana, Ne­ ter on the dates indicated, each of the period of 30 days from the date of such braska, New Mexico, North Dakota, Ohio, below-listed applicants seeks a certificate publication, during which period any Oklahoma, South Dakota, Tennessee, of public convenience and necessity au­ proper party in interest may file a peti­ Texas, Utah, West Virginia, Wisconsin, thorizing operations, in interstate or tion to reopen or for other appropriate and Wyoming, from Mobile, Ala., to foreign commerce, as common carriers relief setting forth in detail the pre­ Evansville, Ind., Kansas City, Mo., To­ by motor vehicle, over irregular routes, cise manner in which it has been so peka, Kans., and Grand Rapids, Mich.; as briefly stated herein, to transport prejudiced. bananas, and coconuts when moving in household goods as defined by the Com­ the same vehicle with bananas, from mission. The territorial descriptions vary Applications U nder S ections 5 and New Orleans, La., to Rapid City, S. Dak., with each applicant. An order of the 210a(b) Gering, Nebr., Casper, Wyo., Grand Commission, Review Board Number 1, The following applications are gov­ Junction and Denver, Colo., and points decided August 18, 1969, and served erned by the Interstate Commerce Com­ in Utah, Idaho, Oregon, and Montana; September 2, 1969, in MC 8468 (Sub-No. mission’s special rules governing notice Canned and bottled foodstuffs, from 1), and embracing all the below-listed of filing of applications by motor carriers Cade and Lozes, La., to points in Arizona, applications, finds that the present and of property or passengers under sections California, Idaho, New Mexico, Nevada, future public convenience and necessity 5(a) and 210a(b) of the Interstate Com­ Oregon, Texas, Utah, and Washington, require operation by each applicant re­ merce Act and certain other proceedings from St. Francisville, La., to points in spectively, in interstate or foreign com­ with respect thereto. (49 CFR .240.) Mississippi (except points within the merce, as a common carrier by motor Memphis, Tenn., commercial zone, as vehicle, over irregular routes, of used motor carriers of property defined by the Commission), Alabama, household goods between the points indi­ No. MC-F-10570 (Republication) Florida, Georgia, South Carolina, North cated below, restricted to the transporta­ (FOX TRANSPORT SYSTEM—Pur­ Carolina, Virginia, Maryland, Delaware, tion of traffic having a prior or subse­ chase (Portion)—H. P. WESLEY, INC.), Pennsylvania, New Jersey, New York, quent movement, in containers, beyond published in the August 13, 1969, issue Rhode Island, Connecticut, Massachu­ the points authorized and further re­ of the F ederal R egister, on page 13133. setts, Tennessee (except Memphis and stricted to the performance of pickup This notice to show the correct authority points in the commercial zone of Mem­ and delivery service in connection with sought to be transferred should read as phis, as defined by the Commission), packing, crating, and containerization or follows in lieu of prior notice: G eneral Kentucky, West Virginia, Ohio, Indiana unpacking, uncrating, and decontaineri­ commodities, as a common carrier, over (except points in Lake County), Michi­ zation of such traffic: (1) No. MC 8468 irregular routes, between Phillipsburg, gan, and Wisconsin, from Belledeau, La., (Sub-No. 1), filed January 23, 1969, N.J., on the one hand, and, on the other, to points in Mississippi, Alabama, Flori­ published in the F ederal R egister issue Easton, Pa., including the boroughs of da, Georgia, South Carolina, North Caro­ of February 20,1969. Wilson and Glendon, .and points within lina, Virginia, Maryland, Delaware, Applicant: SCOBEY MOVING & one-half mile of the , corporate limits of Pennsylvania, New Jersey, New York, STORAGE CO., a corporation, 315 North Easton, with restriction; new furniture, Rhode Island, Connecticut, Massachu­ Medina Street, San Antonio, Tex. 78207. from Easton, Pa., to points in New Jer­ setts, Tennessee, Kentucky, West Vir­ Applicant’s representative : W. Scott sey within 40 miles of Easton; refrigera­ ginia, Ohio, Indiana, Michigan, Illinois,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14501

and Wisconsin; foodstuffs (except ba­ rier, over irregular routes, from Tuscola, tion for common control, pursuant to the nanas and commodities in bulk), from 111., and points in Illinois within 5 miles order dated July 15, 1969, by Division 1, the plantsites and warehouse sites of thereof, to certain specified points in acting as an Appellate Division). House­ Mississippi Federated Cooperatives Ohio, from points in Kankakee County, hold goods, as a common carrier, over (AAL) at or near certain specified points 111., to points in Ohio, from points in irregular routes, between Virginia Beach, in Mississippi, to points in Colorado, Illi­ Douglass County, 111., to certain specified Va., on the one hand, and, on the other, nois, Kentucky, Louisiana, Michigan, points in Ohio, from the plantsite of the Chesapeake, Hampton, Newport News, North Dakota, Ohio, South Dakota, Mathieson Chemical Corp., at or near Norfolk, Portsmouth, Virginia Beach, Texas, West Virginia, and Wisconsin, Dow Run (Meade County) Ky., to points and Williamsburg, Va., and points in Ac­ with restriction; boxes and crates, from in Illinois, Indiana, Michigan, and Ohio, comack, Nansemond, Northampton, and certain specified points in Mississippi, to and those in that part of Pennsylvania York Counties, Va., with restrictions. certain specified points in Texas; (with exception) on and east of U.S. DAVID KIRSCHENBAUM, HENRY canned foodstuffs, from St. Francisville Highway 220, from Lima, Ohio, and KIRSCHENBAUM, nor RICHARD KIR­ and Belledeau, La., to points in Califor­ points in Hamilton County, Ohio, to SCHENBAUM, Individually hold no au­ nia, Arizona, Idaho, New Mexico, Nevada, points in Indiana, from points in Doug­ thority from this Commission. However, Oregon, and Texas; canned and bottled lass County, 111., to certain specified they control (1) NEPTUNE WORLD­ meats and meat products, from points points in Ohio, from the sites of Tod- WIDE MOVING, INC., 55 Weyman Ave., in St. Landry Parish, La., to points in hunter’s underground storage facilities, New Rochelle, N.Y., which is authorized California, Idaho, Nevada, Oregon, Utah, in Butler County, Ohio, to points in In ­ . to operate as a common carrier in all and Washington; diana, Michigan, Kentucky, and West States in the United States (except Canned sweet potatoes, from points in Virginia (with exceptions), from points Alaska and Hawaii); and (2) NEPTUNE St. Martin Parish, La., except Cade, La., in Wayne County, Mich., to points in WORLD-WIDE MOVING, INC., OF to points in California; butter, cheese, Ohio and Indiana, from, the pipeline CALIFORNIA, 3400 Broadway St., Oak­ eggs, dressed poultry, and dry m ilk, from terminal of Texas Eastern Transmission land, Calif., Vhich is authorized to Minneapolis, Minn., and certain specified Co., at or near Greensburg, Pa., to points operate as a common carrier, in the State points in Wisconsin, to points in Georgia, in Ohio and West Virginia; liquefied pe­ of California and certificate not yet is­ Alabama, Tennessee, Mississippi, North troleum gases and natural gasoline, in sued. Application has not been filed for Carolina, and South Carolina, with re­ bulk, in tank vehicles, from the site of temporary authority under Section 210a striction; pineapples, fresh fruits, and the Columbia Hydrocarbon Corp., at or (b). No te: See also No. MC-F-10610 fresh vegetables, when moving in the near Siloam, Ky., to points in Georgia, (DAVID KIRSCHENBAUM, et al.—Con­ same vehicle with bananas otherwise au­ Indiana, Michigan, Ohio, Kentucky, trol—NEPTUNE WORLD-WIDE MOV­ thorized, from Gulfport, Miss., to points South Carolina, Tennessee, and West ING, INC, OF CALIFORNIA) published in Alabama (except Montgomery), Ari­ Virginia; anhydrous ammonia, in bulk, this same issue. zona, Arkansas, California, Colorado, in tank vehicles, from the terminal site No. MC-F-10608. Authority sought for Georgia (except Atlanta, and points of Tuloma Gas Products Co., at or near control by GEORGE BROWNING, JR within 15 miles of Atlanta), Idaho, Il­ Wood River, 111., to points in Indiana, (an individual), 1321 Southeast Water linois, Iowa, Kansas, Louisiana, Michi­ Iowa, Kentucky, Michigan, Missouri, Avenue, Portland, Oreg. 97214, of RICH­ gan, Minnesota, Mississippi, Missouri, Ohio, and Wisconsin, from the plantsite LAND TRANSFER AND STORAGE, Montana, Nebraska, New Mexico, North of Phillips Petroleum Co., at or near INC., 11 East Kennewick Street, Kenne- Dakota, Ohio, Oklahoma, South Dakota, North Bend, Ohio, to points in Indiana, wick, Wash. 99336, and for acquisition Tennessee, Texas, Utah, West Virginia, Kentucky, and Michigan, from the plant- by SITE S SILVER WHEEL FREIGHT Wisconsin, and Wyoming. Vendee is au­ site of the Agrico Chemical Co., Division LINE, INC., also of Portland, Oreg., of thorized to operate as a common carrier of Continental Oil Co., at or near Wilder, control of RICHLAND TRANSFER AND in Mississippi, North Carolina, South Ky., to points in Illinois, Indiana, Michi­ STORAGE, INC., through the acquisi­ Carolina, Georgia, Florida, Tennessee, gan, and Ohio; anhydrous ammonia, tion by GEORGE BROWNING, JR . Ap­ Alabama.Louisiana, Nebraska, Arkansas, nitrogen fertilizer solutions, ammoniat- plicants attorney: Ben D. Browning, Illinois, Indiana, Iowa, Minnesota, Mis­ ing solutions, and aqua ammonia, from 1020 Kearns Building, Salt Lake City,’ souri, Oklahoma, Texas, Wisconsin, the plantsite of Southern Nitrogen Co., Utah 84101. Operating rights sought to Kentucky, Michigan, Ohio, Kansas, Vir­ Inc., located at or near Columbia Park be controlled: General commodities, ex­ ginia, West Virginia, Nevada, Utah, (Finney), Miami Township, Hamilton cepting, among others, household goods Pennsylvania, Connecticut, Delaware, County, Ohio, to points in Illinois, Indi­ and commodities in bulk, as a com m on Maine, Maryland, Massachusetts, New ana, Kentucky, and the Lower Peninsula carrier, over regular routes, between Hampshire, New Jersey, New York, Rhode of Michigan; and nitrogen fertilizer solu­ Kennewick, Wash., and Richland, Wash., Island, Vermont, Wyoming, South Da­ tions, in bulk, in tank vehicles, from serving no intermediate points; be­ kota, North Dakota, Colorado, New North Baltimore, Ohio, to points in In­ tween Richland, Wash., and Hanford, Mexico, and the District of Columbia. diana and Michigan. Vendee holds no Wash., serving all intermediate points;’ Application has not been filed for tempo­ authority from this Commission. How­ household goods as defined by the Com­ rary authority under section 210a(b). ever, its controlling stockholder is af­ mission, between Kennewick, Wash., and No. MC-F-10604. Authority sought for filiate with Foss Launch & Tug Co., 660 Richland, Wash., serving no intermediate purchase by PROPANE TRANSPORT, West Ewing, Seattle, Wash., which is au­ points, but serving the off-route point INC. (a California corporation), 27 thorized to operate as a common carrier of Pasco, Wash., between Richland, Water Street, Milford, Ohio 45150, of the by water in Washington. Application has Wash., and Hanford, Wash., serving all operating rights and property of PRO­ not been filed for temporary authority intermediate points; m achinery and saw­ PANE TRANSPORT, INC. (an Ohio cor­ under section 210a (b). dust, over irregular routes, between poration) , 27 Water Street, Milford, Ohio No. MC-F-10606. Authority sought for Kennewick and Pasco, Wash., on the 45150, and for acquisition by CALI­ control by DAVID KIRSCHENBAUM, one hand, and, on the other, points in FORNIA LIQUID GAS CORPORATION, HENRY KIRSCHENBAUM, and RICH­ Benton County, Wash., and those in Box 28397, Sacramento, Calif., and in ARD KIRSCHENBAUM, Individuals, 55 Umatilla County, Oreg.; and household turn by DILLINGHAM CORPORATION, Weyman Avenue, New Rochelle, N.Y. goods, between Kennewick and Pasco, Box 3468, Honolulu, Hawaii, of control of 10805, of NEPTUNE WORLD WIDE Wash., on the one hand, and, on the such rights and property through the MOVING (NORFOLK) INC., 120 Freight other, points in that part of Idaho north purchase. Applicants’ attorney and rep­ Lane, Virginia Beach, Va. 23502. Appli­ resentative: James R. Stiverson, 50 West cants’ attorney: S. S. Eisen, 140 Cedar of the southern boundary of Idaho Broad Street, Columbus, Ohio 43215 and Street, New York, N.Y. 10006. Operating County, and those in Oregon on and Carl B. Swanson, Box 28397, Sacramento, rights sought to be controlled: (The is­ north of a line beginning at the Idaho- Calif. Operating rights sought to be suance of a certificate in MC-129369, is Oregon State line at Nyssa, Oreg., and transferred: Liquefied petroleum gas, in being withheld pending the Commis­ extending in a westerly direction through bulk, in tank vehicles, as a common car­ sion’s approval- of this section 5 applica­ Bend, Eugene, and Florence, Oreg., to

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 14502 NOTICES

the Pacific Ocean. GEORGE BROWN­ HENRY KIRSCHENBAUM nor RICH­ ment Building, 1511 K Street, NW., ING, JR ., individually holds no author­ ARD KIRSCHENBAUM, individually Washington, D.C. 20005, John Nelson, ity from this Commission. However, he hold no authority from this Commission. 10 West Baltimore Avenue, Lansdowne, controls SITES SILVER WHEEL However, they control (1) NEPTUNE Pa. 19050, and Joseph A. Gammon, 4107 FREIGHTLINES, INC., 1321 Southeast WORLD-WIDE MOVING, INC., 55 Wey­ Bells Lane, Louisville, Ky. 4020-1. Operat­ Water Avenue, Portland, Oreg., which is man Avenue, New Rochelle, N.Y., which ing rights sought to be controlled: (1) authorized to operate as a common car­ is authorized to operate as a common Petroleum products, in bulk, in tank ve­ rier in Oregon and Washington. Appli­ carrier in all States in the United States hicles, and numerous other commodities, cation has been filed for temporary au­ (except Alaska and Hawaii); and (2) as a common carrier, over irregular thority under section 210a (b). NEPTUNE WORLD WIDE MOVING routes, from, to, and between specified No. MC-F-10609. Authority sought for (NORFOLK) INC., 120 Freight Lane, points in all States in the United States purchase by DODDS TRUCK LINE, Virginia Beach, Va. 23502, which is au­ (except Alaska and Hawaii) and the Dis­ INC., 623 Lincoln, West Plains, Mo. thorized to operate as a common carrier trict of Columbia, with certain restric­ 65775, of the operating rights and cer­ in the State of Virginia and certificate tions, as more specifically described in tain property of WAT,I,ACE W. HANDY, not yet issued. Application has not been Docket No. MC-109638 and Sub-numbers doing business as PIEDMONT TRANS­ filed for temporary authority under sec­ thereunder; and (2) vegetable oils, in FER, Post Office Box 62, Piedmont, Mo. tion 210a(b). No te: See also No. M C-F- bulk, in tank vehicles, and numerous 63957, and for acquisition by PAUL D. 10606 (DAVID KIRSCHENBAUM, et other specified commodities, as a com ­ DODDS, MELBOURN DODDS, both also al.—Control—NEPTUNE WORLD WIDE mon carrier, over irregular routes, from, of West Plains, Mo., and DAVID D. MOVING (NORFOLK) INC.) published to, and between specified points in the DODDS, Mountain Grove, Mo. 65711, of this same issue. States of New York, New Jersey, Penn­ control of such rights and property No. MC-F-10611. Authority sought for sylvania, Connecticut, Delaware, Mary­ through the purchase. Applicants’ attor­ purchase by WILEY TRANSFER & land, Massachusetts, Rhode Island, Ohio, ney: Frank W. Taylor, Jr., 1221 Balti­ STORAGE CO., 325 Elder Avenue, Sea­ North Carolina, Virginia', Maine, New more Avenue, Kansas City, Mo. 64105. side, Calif. 93955, of the operating rights Hampshire, Vermont, Alabama, Georgia, Operating rights sought to be trans­ and certain property of M. HARDY Illinois, Indiana, Kentucky, Michigan, ferred: General commodities, excepting, TRUCKING CO., 2338 Del Monte Ave­ South Carolina, Tennessee, West Vir­ among others, household goods and nue, Monterey, Calif. 93940, and for ac­ ginia, Kansas, Wisconsin, Missouri, and commodities in bulk, as a common car­ quisition by NORMAN E. WILEY, also the District of Columbia, with certain rier, over regular routes, between Pat­ of Seaside, Calif., of control of such restrictions, - as more specifically de­ terson, Mo., and East St. Louis, 111., serv­ rights and property through the pur­ scribed in Docket No. MC-52458 and ing the intermediate points of St. Louis chase. Applicants’ attorney: Martin J. Sub-numbers thereunder. This notice and Ironton, Mo., and those between Rosen, 140 Montgomery Street, San does not purport to be a complete de­ Ironton and Patterson; livestock, from Francisco, Calif. 94104. Operating rights scription of all of the operating rights Patterson, Mo., to National Stock Yards, sought to be transferred: Processed fish of the carriers involved. The foregoing 111., serving the intermediate points of and fish products, as a common carrier, summary is believed to be sufficient for Ironton, Mo., and those between Patter­ over irregular routes, from Monterey, purposes of public notice regarding the son and Ironton; livestock, fertilizer, and Calif., to San Francisco, Oakland, Rich­ nature and extent of these carriers op­ feed, between Piedmont, Mo., and points mond, Alameda, Berkeley, Emeryville, erating rights, without stating, in full, 20 miles of Piedmont, on the one hand, Hayward, and San Jose, Calif.; cannery the entirety, thereof. MATLACK, INC., and, on the other, East St. Louis, 111; machinery, cannery supplies, and fish is authorized to operate as a common and household goods, as defined in P rac­ livers, from San Francisco, Oakland, carrier in all points in the United States tices of Motor Common* Carriers of Richmond, Alameda, Berkeley, Emery­ (except Alaska and Hawaii). Applica­ Household Goods, 17 M.C.C. 467, between ville, Hayward, and San Jose, Calif., to tion has been filed for temporary au­ Piedmont and Arcadia, Mo., and points Monterey, Calif.; chrome ore and chrome thority under section 210a(b). within 20 miles of Piedmont and those ore concentrates, from the millsite of PASSENGERS within 20 miles of Arcadia, on the one Palo Alto Mining Corp*., about 7 miles southwest of San Jose, Calif., And from No. MC-F-10605. Authority sought for hand, and, on the other, points in Il­ purchase by SERVICE COACH LINE, linois. Vendee is authorized to operate the millsite of J. R. Holman, about 30 as a common carrier in Missouri, Arkan­ miles northwest of Coalinga, Calif., to INC., 455 East 10th Avenue, Post Office sas, and Illinois. Application has not Grants Pass, Oreg., from the millsite of Box 100, Hialeah', Fla. 33011, of a portion been filed for temporary authority un­ Bonnell Mining Co., approximately 14 of the operating rights of GREYHOUND der section 210a (b). miles northwest of Coalinga, Calif., to LINES, INC., 10 South Riverside Plaza, Chicago, 111. 60606. Applicants’ attorneys: No. MC-F-10610. Authority sought for Grants Pass, Oreg., WILEY TRANSFER & STORAGE CO., is authorized to tem­ Joseph P. Tuohy and Robert J. Bernard, control by DAVID KIRSCHENBAUM, 10 South Riverside Plaza, Chicago, 111. HENRY KIRSCHENBAUM, and RICH­ porarily operate as a common carrier in the State of California. Application has 60606. Operating rights sought to be ARD KIRSCHENBAUM, Individuals, 55 transferred: Passengers and their bag­ Weyman Avenue, New Rochelle, N.Y. not been filed for temporary authority under section 210a(b). No te: This ap­ gage, and express, and newspapers, in 10805, of NEPTUNE WORLD-WIDE the same vehicle with passengers, as a MOVING, INC. OF CALIFORNIA, 3400 plication was filed pursuant to order dated June 12, 1969, by the Motor Car­ common carrier over regular routes, be­ Broadway, Oakland, Calif. 94611. Appli­ tween Waycross and Jesup, over Georgia cants’ attorney: S. S. Eisen, 140 Cedar rier Board, in MC-FC-71406. No. MC-F-10612. Authority sought for Highway 38. Vendee is authorized to Street, New York, N.Y. 10006. Operating operate as a common carrier in Georgia rights sought to be controlled: (The is­ control by MATLACK, INC., 10 West Baltimore Avenue, Lansdowne, Pa. 19050, and Florida. Application has not been suance of a certificate in MC-126832 filed for temporary authority under sec­ Sub-2, is being withheld pending the Of (1) SOUTHERN TANK LINES, INC., 4107 Bells Lane, Louisville, Ky. 40201, tion 210a(b). No te: This application is Commission’s approval of this section 5 filed pursuant to order dated June 26, application for common control, pur­ and (2) T. I. McCORMACK TRUCKING COMPANY, INC., 4107 Bells Lane, Louis­ 1969 by Motor Carrier Board in No. suant to the order dated July 14, 1969, M C-FC-71429. by the entire Commission) used house­ ville, Ky. 40201, and for acquisition by INTERNATIONAL BULK D ISTRIBU­ No. MC-F-10607. Authority sought for hold goods, as a common carrier, over purchase by THE KELLEY TRANSIT irregular routes, between points in San TION CORPORATION, also of Lans­ downe, Pa., of control of SOUTHERN COMPANY, INC., Railroad Square, Tor- Francisco, Alameda, Contra Costa, San rington, Conn. 06790, of the operating Mateo, Santa Clara, Marin, Napa, Mon­ TANK LINES, INC., and T. I. McCOR­ MACK TRUCKING COMPANY, INC., rights of LAKELAND TRANSPORTA­ terey, and Solano Counties, Calif., and TION CO., INC., Lakeville, Conn. 06039, between points in Los Angeles, Orange, through the acquisition by MATLACK, and for acquisition by THE E. J. KEL­ and Riverside Counties, Calif., with re­ INC. Applicants’ attorney and represen­ LEY COMPANY, also of Torrington, strictions. DAVID KIRSCHENBAUM, tatives: Maxwell A. Howell, 1120 Invest­ Conn., of control of such rights through

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 NOTICES 14503 the purchase. Applicants’ attorney: John visor, Interstate Commerce Commission, Motors, 221 West Carin Street, East R. Sims, Jr., Suite 605, 711 14th Street Bureau of Operations, Room 240, Old Rochester, N.Y.; Riverdale Motors, 888 NW., Washington, D.C. 20005. Operating Post Office Building, 215 Northwest Broad Street, Rochester, N.Y. Send pro­ rights sought to be transferred: Pas­ Third, Oklahoma City, Okla. 73102. tests to: Morris H. Gross, District Super­ sengers and their baggage, and mail, No. MC 113362 (Sub-No. 168 TA ), filed visor, Interstate Commerce Commission, express, and newspapers in the same ve­ September 2, 1969. Applicant: ELLS­ Bureau of Operations, Room 104, 301 hicle with passengers, as a common WORTH FREIGHT LINES, INC., 310 Erie Boulevard West, Syracuse, New carrier, over a regular route, between East Broadway, Eagle Grove, Iowa 50533. York, N.Y. 13202. Winsted, Conn., and Millerton, N.Y., Applicant’s representative: Donald L. No. MC 133027 (Sub-No. 3 TA), filed serving , all intermediate points. Vendee is Stem , 630 City National Bank Building, September 2, 1969. Applicant: FRANK authorized to operate as a common car­ Omaha, Nebr. 68102. Authority sought to MOLT .1C A, doing business as B & M rier in Connecticut, New York, and operate as a common carrier, by motor TRUCKING COMPANY, 503 South 16y2 Vermont. Application has not been filed vehicle, over irregular routes, transport­ Street, Reading, Pa. 19069. Applicant’s for temporary authority under section ing: Bananas, plantains, pineapples, and representative: Samuel W. Eamshaw, 210a(b). coconuts and agricultural commodities 833 Washington Building, Washington, D.C. 20005. Authority sought to operate By the Commission. otherwise exempt from economic regula­ tions under section 203(b) 6 of the Act as a contract carrier, by motor vehicle, [ seal] H. Neil G arson, when transported in mixed shipments over irregular routes, transporting: Cor­ Secretary. with bananas, plantains, pineapples, and rugated paper and corrugated paper [F.R. Doc. 69-11091; Piled, Sept. 16, 1969; coconuts, from Wilmington, Del., to products, between Milltown, N.J., and 8:49 a.m.] points in Illinois, Indiana, Iowa, Kansas, points in Onondaga and Ontario Coun­ Minnesota, Missouri, Nebraska, North ties, N.Y., and Northumberland County, Dakota, South Dakota, and Wisconsin, Pa., for 180 days. Supporting shipper: [Notice 905] for 180 days. Supporting shipper: West Middlesex Container Co., Inc., Milltown, MOTOR CARRIER TEMPORARY Indies Fruit Co., Post Office Box 1940, N.J. 08850. Send protests to: Ross A. AUTHORITY APPLICATIONS Miami, Fla. 33101. Send protests to: Davis, District Supervisor, Interstate Ellis L. Annett, District Supervisor, Commerce Commission, Bureau of Oper­ S eptember 12, 1969. Interstate Commerce Commission, Bu­ ations, 900 U.S. Customhouse, Second The following are notices of filing of reau of Operations, 677 Federal Building, and Chestnut Streets, Philadelphia, Pa. applications for temporary authority Des Moines, Iowa 50309. 19106. under section 210a(a) of the Interstate No. MC 126328 (Sub-No. 2 TA) (cor­ No. MC 133972 (Sub-No. TA) (Correc­ Commerce Act provided for under the rection), filed August 8, 1969, published tion) , filed August 26,1969, and published new rules of Ex Parte No. MC-67 (49 in the F ederal R egister issue of Au­ in the F ederal R egister, issue of Sep­ CPR Part 340) published in the F ederal gust 8, 1969, and republished as cor­ tember 6,1969, and republished this issue. R egister, issue of April 27, 1965, effec­ rected this issue. Applicant: ACTON Applicant: W EBB TRUCKING INC., tive July 1,1965. These rules provide that VALE MOTOR EXPRESS, LIMITED, 4763 Clifton Road, Marlow Heights, Md. protests to the granting of an application 1193 Rocard Street, Acton Vale, Province 20031. Applicant’s representative: Daniel must be filed with the field official named of Quebec, Canada. Applicant’s repre­ B. Johnson, Perpetual Building, Wash­ in the F ederal R egister publication, sentative: Edwin W. Free, Jr., 25 Keith ington, D.C. 20004. Authority sought to within 15 calendar days after the date of Avenue, Barre, Vt. 05641. Authority operate as a contract carrier, by motor notice of the filing of the application is sought to operate as a contract carrier, vehicle, over irregular routes, transport­ published in the F ederal R egister. One by motor vehicle, over irregular routes, ing: Malt beverages, from Winston- copy of such protests must be served on transporting: Plastic sleds and skis, Salem, N.C., to Arlington, Va., for 180 the applicant, or its authorized repre­ from the ports of entry on the inter­ days. No te: The puipose of this republi­ sentative, if any, and the protests must national boundary line between the cation is to show contract carrier in lieu certify that such service has been made. United States and Canada located in of common carrier and a change of MC The protests must be specific as to the New York, Vermont, and Maine, to .number. Supporting shipper: Spaulding service which such protestant can and Rochester and New York, N.Y., Boston, Distributing Co., 3832 South Four Mile will offer, and must consist of a signed Mass., and Bangor, Maine, for 150 days. Run Drive, Arlington, Va. Send protests original and six copies. No te: The purpose of this republication to: Robert D. Caldwell, District Super­ is to indicate the destination points in­ visor, Interstate Commerce Commission, A copy of the application is on file, and volved herein which were inadvertently Bureau of Operations, 12th and Consti­ can be examined at the Office of the Sec­ omitted in the previous publication. tution Avenue NW., Room 2210, Wash­ retary, Interstate Commerce Commis­ Supporting shipper: Blaines Plastics Co., ington, D.C. 20423. No te: The purpose of sion, Washington, D.C., and also in field Ltd., 2750 Dumesnil Street, St. Hya- this republication is to show that appli­ office to which protests are to be trans­ cinthe, Province of Quebec, Canada. cant seeks to conduct operations as a mitted. Send protests to: Martin P. Monaghan, contract carrier, and not as a common Motor Carriers op P roperty Jr., District Supervisor, Interstate Com­ carrier as previously published under No. merce Commission, Bureau of Opera­ MC 7550 (Sub-No. 13 TA), on Septem­ No. MC 111401 (Sub-No. 287 T A ), filed tions, 52 State Street, Room 5, Mont­ ber 6, 1969. September 2, 1969. Applicant: GROEN- pelier, Vt. 05602. No. MC 133986 TA, filed August 28, DYKE TRANSPORT, INC., 2510 Rock No. MC 129107 (Sub-No. 3 TA ), filed Island Boulevard, Enid, Okla. 73701. 1969. Applicant: FOUR CORNERS September 2, 1969. Applicant: R. H. TRUCK SERVICE, INC., 1444 South Applicant’s representative: Victor R. HARDING CO., INC., 100 Centre Drive, Comstock (same address as above). Au­ Sixth West Street, Salt Lake City, Utah Rochester, N.Y. 14623. Applicant’s repre­ 84104. Applicant’s representative: Robert thority sought to operate as a common sentative: Raymond A. Richards, 23 West carrier, by motor vehicle, over irregular M. McRae, 707 Boston Building, Salt Main Street, Webster, N.Y. 14580. Au­ Lake Ctiy, Utah 84111. Authority sought routes, transporting: Asphalt rejuvena- thority sought to operate as a common tor (Reclamite) in bulk, in tank vehicles, to operate as a common carrier, by motor carrier, by motor vehicle, over irregular vehicle, over regular routes, transport­ from Allied Materials Corp. Refinery at routes, transporting: Used automobiles Stroud, Okla., to 35 miles west of Ros­ ing: General commodities and classes A (except Government vehicles), from and B explosives in shipments of 5,000 well, N. Mex., and within 50-mile radius Rochester, N.Y., to Manheim, Pa., for around Clovis, N. Mex., to various high­ pounds or less, except commodities of 180 days. Supporting shippers: Royal unusual value, household goods as de­ way jobs, and Holloman Airforce Base, Motors, 359 Mount Hope Avenue, Roch­ N. Mex., for 180 days. Supporting ship­ fined by the Commission, commodities in ester, N.Y.; Ernie’s Motor Sales, 299 bulk, and those requiring special equip­ per: Allied Materials Corp., Glen Bate­ Allen Street, Rochester, N.Y.; R.R. man, Traffic Manager, 5101 North Penn­ Motors, 1312 Buffalo Road, Rochester, ment, between Salt Lake City, Utah, and sylvania, Oklahoma City, Okla. Send pro­ N.Y.; Doren Motors, 331 East Linden Monticello, Utah, over regular routes and tests to: C. L. Phillips, District Super­ Avenue, East Rochester, N.Y.; J . P. return as follows; from Salt Lake City,

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 No. 178----- 7 14504 NOTICES

Utah, over Interstate Highway 15 (U.S. Muttart Builders’ Supplies, 10930 84th to section 17(8) of the Interstate Com­ Highway 89) to Spanish Pork, Utah; Street, Edmonton, Alberta, Canada. Send merce Act, the filing of such a petition thence over U.S. Highway 89 to Thistle, protests to: Paul J. Labane, District will postpone the effective date of the Utah; thence over U.S. Highway 50-6 to Supervisor, Interstate Commerce Com­ order in that proceeding pending its Price, Utah; thence over U.S. Highway mission, Bureau of Operations, 251 U.S. disposition. The matters relied upon by 50-6 and Interstate Highway 70 as it is Post Office Building, Billings, Mont. petitioners must be specified in their constructed to Crescent Junction, Utah; 59101. petitions with particularity. thence over U.S. Highway 160 to Monti- No. MC 133998 TA (Correction), filed No. MC-FC-71510. By order of Sep­ cello, Utah, serving all intermediate August 27, 1969, and published in the tember 9, 1969, the Motor Carrier Board approved the transfer to William E. points on U.S. Highway 160 between F ederal R egister, issue of September 6, Crescent Junction, Utah, and Monticello, 1969, under MC 128878 Sub No. 15 TA, Goodman, doing business as Miller Utah, and serving as off-route points all and republished this issue. Appli­ Brothers Truck Line, Box 1169, Salmon, of Grand County, Utah, south of Inter­ cant: SERVICE TRUCK LINE, INC., Idaho 83467, of the Certificates in Nos. state Highway 70, including Thompson, 3400 Mansfield Road, Post Office Box MC-84759 and MC-84759 (Sub-No. 3) Utah, and its commercial zone, and in 3904, Shreveport, La. 71103. Authority issued November 15, 1949, and June 28, San Juan County, Utah, serving as off- sought to operate as a contract carrier, 1954, respectively, to Leon E. Miller, do­ route points on the north and east of by motor vehicle, over irregular routes, ing business as Miller Brothers Truck transporting: Sawdust, wood, chips, and Line, Box 1169, Salmon, Idaho 83467, au­ U.S. 160 and points in San Juan County, thorizing the transportation of general Utah, west of U.S. Highway 160 that area wood residual, from Shreveport, La., to commodities, with exceptions, between north of a line drawn between Monti­ Marshall, Tex., for 180 days. No te: The specified points in Idaho and Montana cello, Utah, and the Colorado River, for purpose of this republication is to show serving specified intermediate and off- No te: contract carrier in lieu of common car­ 180 days. Applicant states it does route points. intend to interline with other carriers at rier and a change of MC number. Sup­ No. MC-FC-71568. By order of Sep­ Monticello, Salt Lake City, and Thomp­ porting shipper: E. L. Bruce Co., 8500 tember 9, 1969, the Motor Carrier Board son, Utah. Supporting shippers: Moab Line Avenue, Shreveport, La. Send pro­ approved the transfer to Guy W. National Bank, Moab, Utah; Reed’s tests to: W. R. Atkins, District Super­ Mangum, doing business as Guy Man- Monticello, Utah 84535; P & K Ford visor, Interstate Commerce Commission, gum Masonry Works, El Dorado, Ark., Sales Inc., Post Office Box 1608, Moab, Bureau of Operations, T-4009 Federal certificate No. MC-127574 (Sub-No. 1) Utah; Family Budget Clothing, Main & Building, 701 Loyola Avenue, New issued April 14, 1966, to Jack B. Bivens, Center, Moab, Utah; The San Juan Rec­ Orleans, La. 70113. El Dorado, Ark., authorizing the trans­ ord, Monticello, Utah 84535; Bean Capi­ By the Commission. portation of: Concrete blocks, building tal Implement & Motor Co., Box 656, blocks, masonry joint reinforcing and Monticello, Utah; La Sal Oil Co., Inc., [seal] H. Neil G arson, Secretary. industrial sands, from specified points Post Office Box No. 1518, Moab, Utah in Arkansas to points in designated por­ 84532. Send protests to: John T. [F.R. Doc. 69-11092; Filed, Sept. 16, 1969; tions of the State of Mississippi. Don A. Vaughan, District Supervisor, Interstate 8:49 a.m.] Smith, Post Office Box 43, Fort Smith, Commerce Commission, Bureau of Op­ Ark. 72901, attorney for applicants. erations, 6201 Federal Building, Salt [Notice 409] No. MC-FC-71569. By order of Sep­ Lake City, Utah 84111. tember 9, 1969, the Motor Carrier Board No. MC 133992 TA, filed September 2, MOTOR CARRIER TRANSFER approved the transfer to Dugan Truck 1969. Applicant: CAPITAL TRANS­ PROCEEDINGS Line, Inc., General Delivery, Colwich, PORT, LTD., Box 3931 Station D, Ed­ Kans. 67030 of certificates of Registra­ monton 41, Alberta, Canada. Authority S eptember 12,1969. tion Nos. MC-120657 (Sub-No. 1) and sought to operate as a contract carrier, Synopses of orders entered pursuant MC-120657 (Sub-No. 2) issued May 20, by motor vehicle, over irregular routes, to section 212(b) of the Interstate Com­ 1964, and January 26, 1966, respectively, transporting: Prefabricated buildings merce Act, and rules and regulations to John E. Dugan, doing business as and construction material for the erec­ prescribed thereunder (49 CFR Part Dugan Truck Line, Colwich, Kans. 67030, tion of prefabricated buildings, from the 1132), appear below : evidencing a right to engage in inter­ United States-Canada boundary line lo­ As provided in the Commission’s state or foreign commerce within the cated on the Alcan highway on the special rules of practice any interested State of Kansas. boundary between Alaska and Yukon person may file a petition seeking recon­ [ seal] H. Neil G arson, Territory, to Fairbanks and Anchorage, sideration of the following numbered Secretary. Alaska, and the commercial zones there­ proceedings within 20 days from the date [F.R. Doc. 69-11093; Filed, Sept. 16, 1969; of, for 180 days. Supporting shipper; of publication of this notice. Pursuant 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 178— WEDNESDAY, SEPTEMBER 17, 1969 FEDERAL REGISTER 14505

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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 September

3 CFR Pas® 10 CFR Pa«e 21 CFR Pa®e P roclamations: 40— _____.______...... — „ 14067 1______14070 3926 ______14165 P roposed R u l e s : 3______—______14167 3927 ______14269 40...... 14333 19 ______— 14070 3928 ______14365 150—...... — ______14333 20 ______14071 3929 ___ 14367 31___ . ______14369 3930 ______14419 120 ___ 14073, 14126, 14168, 14328, 14329 3931______14421 12 CFR 121 ------14168, 14169, 14428, 14429, 14467 3932______14459 265______— ______14279 131______14167 E x e c u t iv e O r d e r s : 141c______;______14429 14 CFR 146c_------14429 10994 (superseded by 11480)_ 14273 148e______14429 11018 (superseded by 11480)— 14273 21______14067 39______— 13968, 148n------14429 11479 ______14271 191------14169 11480 ______14273 13969,14025-14027, 14123, 14207, 11481 _s______14277 14208, 14280, 14315 P roposed R u l e s : 43—______14424, 14426 22______13999 5 CFR 71______14027, 128a------14476 213___ _ 13968,14066,14201,14369, 14423 14068, 14069, 14124, 14208, 14209, 1 4 8 m ______14078 713— ______A 14023 14280, 14281, 14315, 14316, 14427, 191____ 14129 14428,14461,14462 7 CFR 73______14069, 14124, 14462, 14463 24 CFR 75—______14209, 14462 29_;_____ 14461 91______14424 1*600______14027 51______I____ _ 14325 68______14325 97______13970, 14317 26 CFR 81.______13991 121______14426, 14463 P roposed R u l e s : 215______14167 127______14069, 14369, 14426 301______14167 135______14424 151______14224 401______— 14325 183______14124, 14464 301------— ...... 14384 722___ 14065 250_____ — 14281 729______14121, 14201,14461 P roposed R u l e s : 29 CFR 855—_— ______—______14201 13______14079 101------14431 891——______14378 39______14226, 14227, 14331 102_------14431 905______14378-14381 47—______14079 545------14432 906— ______— ______14381,14382 6 i— ______— 14081, 14331 601—. ------14329 908______14025, 14279 63______14331 720______14329 910____ 14122, 14383 71______13999 926______— 14206 14082, H176~~14285,_14286, 14332’, 31 CFR 944______14326,14383 14437, 14477-14479 251------. ______14126 948______14065 75______14002,14227,14332,14479 981______— 14279 253 ---- 14126 91------14079 254 ______14126 987— ______14280 167------14129 993_____ 14206 256------14126 241------14479 290____ 14126 1421-,______14206 288^_------14078 1475-______14206 399------14078 32 CFR P roposed R u l e s : 29______14035 15 CFR 163------___ 14027 501----- — ______14126 52______14334 390------14326 906______14129 806______14209 809------14210 927______14224 16 CFR 932-______14225 944______13994 13______14326, 14327,14464-14466 32A CFR 948______14035, 14225 15...... 13988,14467 OIA (Ch. X ) : 989------14474 P roposed R u l e s : OI Reg. 1...... 14283 1001______—14475 245...... 14176 1007______13994 33 CFR 1015------14475 17 CFR 1090______13994 40______...... 14211 1126______14226 231______14125 240______* 14209 36 CFR 8 CFR 249— ------14209 2______...... 14170 103------14123 P roposed R u l e s : 5______—...... 14212 210_____ 14227 7______14212, 14468 9 CFR 230------14228 73 ------14024 239 ______14234 P roposed R u l e s : 74 ------14024,14066 240 __ 14235 7______13994, 14035 317______13992 2 4 9 „ ______* 14238, 14240 P roposed R u l e s : 37 CFR 112 ------„ 14224 19 CFR l ______...... 14430 113 ------« ______14224 4------14467 P roposed R u l e s : 1 1 4 ™ ------14224 12------14328 1...... 14176 14506 FEDERAL REGISTER

38 CFR Page 43 CFR— Continued Page 49 CFR Page 21______—______14468 P ublic L and Orders: 231...... 14377 371______14376 1095 (revoked by PLO 4685)_ 14370 1033______14172 39 CFR 4582 (modified by PLO 4682)_14076 1048...... 14174 123______14170 4682 ______14076 P roposed R u l e s : 4683 ______14369 126 ______14170 371______14438 127 ______;______14171 4684______14370 Ch. IV______14054 132______14171 4685______14370 1002______14000 156______14171 1300_____ 14242 221 ______'______14028 45 CFR 1307______14242 222 ______14028 243______14028 177______- ___ 14430 50 CFR 247______14028 10______14028, 14223 4 7 CFR 28______14330 41 CFR 0 ______14330,14374 32 ______13991, 12-1______14213 1 ______14375,14376,14469 14032-14034, 14074, 14075, 14174, 14283, 14284,14330,14431,14471- 12-3______14221 73______13989,14222,14375,14469 91______13990 14473 12-7______14222 33 ______14074 93______14470 P roposed R u l e s : 43 CFR P roposed R u les: 32 ______14079,14474 2240_____ 14075 73______14000,14384 33 ______14474