FEDERAL REGISTER VOLUME 30 • NUMBER 131 Friday, July 9, 1965 • Washington, D.C. Pages 8659-8740

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Aeronautics Board Commodity Credit Corporation Comptroller of the Currency Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Maritime Commission Federal National Mortgage Association y Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Interior Department Interstate Commerce Commission Land Management Bureau National Park Service Securities and Exchange Commission Small Business Administration Tariff Commission Treasury Department Detailed list of Contents appears inside. 5-Year Compilations of Presidential Documents Supplements to Title 3 of the Gode of Federal Regulations

The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 19 38 - of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade! agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

1938—1943 Compilation-—$3.00 1949—1953 Compilation— $7.00 1943—1948 Compilation— $7.00 1954—1958 Compilation— $4.00 1959—1963 Compilation—-$6.00

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

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

r r n r n 11 » “sW D C iilC JTITO Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or | p .lli.ilr ll IgMry1 H i , rn on the day after an official Federal,Federal holiday), by the Office of the Federal Register, Nat bw .... Archives and Records Service, Général Services Administration (mail address Na Area Code 202 United % Phone 963-3261 Building, Washington, D.C. 20408), pursuant to the authority contained m i Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.G., ch. 8B), under regulations prescribed by the Acm^ istrative Committee erf the Federal Register, approved by the Presidënt (1 CFR Ch. I) . Distribution is made only by the S uperin of Documents, Government Printing Office, Washington, D.C. 20402. ^ arable in 7 The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year> Pay ey advance. Thecharge ior individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. .... our. The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 ut > f Qf suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the Superinte Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. stations. There are no restrictions on the republication of material appearing in the F ederal R egister or the C ode o p F ederal r e Contents THE PRESIDENT CONSUMER AND MARKETING Notices SERVICE Hearings, etc.: PROCLAMATION American Telephone and Tele­ Rules and Regulations graph Co. (2 documents)___ 8729 Captive Nations Week, 1965_____ 8663 Meat inspection; marking, brand­ Charlottesville Broadcasting EXECUTIVE ORDER ing, etc.; miscellaneous amend- Corp. (WINA) and WBXM Vietnam Service Medal; establish­ ments (3 documents)_____ 8673-8675 Broadcasting Co., Inc_f____ 8729 ment ______—______* 8665 Proposed Rule Making Communications Satellite Corp. 8729 Granik, Theodore, et al______8730 Celery grown in Florida______8684 Greenside, Richard P., et al___ 8732 EXECUTIVE AGENCIES Parish Broadcasting Co. and FEDERAL AVIATION AGENCY Clinton Broadcasting Co___ 8732 AGRICULTURAL STABILIZATION Rules and Regulations Patroon Broadcasting Co., Inc_ 8733 Twelve Seventy, Inc______8734 AND CONSERVATION SERVICE Canton Island Airport, deletion_ 8676 Control zones, transition areas, Ultravision Broadcasting Co. Rules and Regulations and control area extensions; et al______8734 Appalachian land stabilization alteration, designation, and Victor Management Co., Inc., revocation______8676 and Jacksonville Broadcast­ and conservation program____ 8669 ing Co., Inc______8735 Wheat; 1966-67 marketing year 8667 Proposed Rule Making Airworthiness directives: FEDERAL DEPOSIT INSURANCE AGRICULTURE DEPARTMENT Fairchild Model F-27 Series CORPORATION See also Agricultural Stabilization aircraft______.______8687 and Conservation Service; Com­ Hartzell Models HC-12x20-7 Notices modity Credit Corporation; and -8 propellers______8688 Insured banks; joint call for re­ Consumer and Marketing Serv­ Vickers Viscount Models 744, port of condition______8736 ice. 745D, and 810 Series air­ Notices craft._____ 8688 FEDERAL HOME LOAN Control zone and transition area; General Counsel et al.; authority alteration of redesignation and BANK BOARD delegations______8722 modification. ______i__ 8689 Proposed Rule Making Transition area; alteration____ 8689 Federal Savings and Loan Insur­ ATOMIC ENERGY COMMISSION Transition area and control area ance Corporation : Rules and Regulations extension; alteration and revo­ Loans and investments______8699 Bonds and insurance; miscellane­ cation.^——___'_____ 8690 Normal lending territory; def­ ous amendments______8681 Notices inition______8698 Contract financing; basic policies; Director, Flight Standards Serv­ Participation loans______8699 miscellaneous amendments__ _ 8682 ice; delegation of exemption Federal Savings and Loan Sys­ tem; operations; membership Notices :• authority__ ___ 8728 Organization statement; amend­ lists------_'___ — ____ 8698 General Dynamics Corp.; issuance ment______8728 of facility license__ .______8727 FEDERAL MARITIME FEDERAL COMMUNICATIONS COMMISSION CIVIL AERONAUTICS BOARD COMMISSION Notices Notices Rules and Regulations Hearings, etc.: Hearings, etc.: Far East Conference______8737 Chicago Helicopter Airways, Frequency allocations and radio Passenger steamship confer­ Inc_____ ;______8727 treaty matters, and aviation ences; travel agents______8737 , Pacific n orthw est-southw est services; miscellaneous amend­ service investigation______8727 ments ______8678 FEDERAL NATIONAL MORTGAGE Wheaton Van Lines, Inc., et al_ _ 8728 Organization; miscellaneous amendments ______8677 ASSOCIATION Radio broadcast services: Rules and Regulations COMMODITY CREDIT Expanded use of UHF television CORPORATION channels <2 documents). 8680,8681 Mortgage purchases, servicing and Minimum required spacings be­ sales, and short-term loans on Rules and Regulations tween FM broadcast stations security of mortgages; miscel­ Cotton loan program; 1965 crop to provide for IF interference laneous amendments______8677 supplement; correction____ ;__ 8673 protection,______8680 FEDERAL POWER COMMISSION Oats loan and purchase program, Proposed Rule Making 1965; availability and disburse- Notices ment______8673 Public air-ground radiotelephone service______8691 Hearings, etc.: Ship radiotelephone stations..__ 8697 Bluebonnet Gas Corp____^___ 8724 COMPTROLLER O f THE Ship radiotelephone transmitters. 8696 Forest Oil Corp— — — _ 8724 CURRENCY Telephone companies, Classes A Gas Gathering C orp..______8725 Gerwig & Koethe Oil and Gas Notices andB; accounting classification of costs incurred in recovering Co. et al___ \L_,___... _____ 8722 Insured banks; joint call for re­ salvage on station apparatus__ 8692 Shell Oil Corp. et al______8725 port of condition; cross ref­ TV broadcast stations; use of air­ Texaco, Inc______8726 erence. ______g719 borne television transmitters— 8692 (Continued on next page) 8661 8662 CONTENTS

FEDERAL RESERVE SYSTEM HOUSING AND HOME NATIONAL PARK SERVICE Notices FINANCE AGENCY Notices Insured banks; joint call for re­ See Federal National Mortgage Great Smoky Mountains National Association. Park; assistant superintendent port of condition______8738 et al.; authority delegations----- 8721 INTERIOR DEPARTMENT FISH AND WILDLIFE SERVICE SECURITIES AND EXCHANGE Rules and Regulations See also Fish and Wildlife Service; Land Management Bureau; Na­ COMMISSION Individual wildlife refuge areas: tional Park Service. Hunting big game: Notices California; Clear Lake---.---- 8682 Notices Hearings, etc.: Oregon: Indian property in California; Continental Vending Machine Hart Mountain------A 8682 adoption and application of Corp------8738 Malheur______- 8683 state laws____—...____ .— 8722 Idamont Oil & Mining Co------8738 Sport fishing: Maryland Cup Corp------8738 California; Tule Lake------8683 INTERSTATE COMMERCE New Jersey; Brigantine____ 8683 SMALL BUSINESS COMMISSION ADMINISTRATION FOOD AND DRUG Notices Notices ADMINISTRATION Fourth section applications for re­ lief — ___ ——___ 8719 New Mexico; declaration of dis­ Notices Manion, Raymond Rex; state­ aster area..------ì------8738 Certified Color Industry Commit­ ment of appointment------8719 TARIFF COMMISSION tee; filing of petition regarding Motor carrier: color additive------—— 8727 Broker, water carrier and Notices Pood additives; filing of petitions: freight forwarder applica­ Hearing aids; complaint received. 8739 Drew Chemical Corp______8727 tions___ i__;______8700 , Monsanto Co------8727 Transfer proceedings..------8719 TREASURY DEPARTMENT See also Comptroller of the Cur­ HEALTH, EDUCATION, AND LAND MANAGEMENT BUREAU rency. WELFARE DEPARTMENT Notices Notices See Food and Drug Adminis­ Colorado; filing of protraction Standard Fire Insurance Co.; ac­ tration. diagrams______8719 ceptable on Federal bonds---- 8719

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. _ A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.

3 CFR 12 CFR 41 CFR ci m __ __ 8681 P roclamation: P roposed R u l e s: __ 8682 3661______8663 545—..— — — ______— 8698 9 30 561______— — 8698 E xecutive O rder: 563 (2 documents)__d______— 8699 47 CFR ■ 11231______8665 _ 8677 14 CFR 8678 7 CFR 73 (3 documents)------8680,8681 71______8676 _ 8678 728 ______8667 163______— ______— 8676 87 755 ______8669 P roposed R ules : P roposed R u l e s: . . . 8691 1421 ______8673 39 <3 documents) —-----•.------8687, 8688 8673 oi . . . 8691 1427______71 (3 documents)______8689,8690 oi------__ 8692 P roposed R u l e s: di ------— __8692 Ch. I X ______. ___ 8684 24 CFR 83 (2 documents)------8696, 8697 Î600 ______——______8677 . 8691 9 CFR 87 ? 316 (3 documents) — _ 8673-8675 50 CFR 317 . 8673 8682, 8683 _ 8673,8674 32 (3 documents)------318 (2 documents) — 33 (2 documents)------8683 340 ______8675 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3661 CAPTIVE NATIONS WEEK, 1965 By the President of the United States of America A Proclamation WHEREAS the joint resolution approved July 17, 1959 (73 Stat. 212), authorizes and requests the President of the United States of America to issue a proclamation each year designating the third week in July as “Captive Nations Week” until such time as freedom and independence shall have been achieved for all the captive nations of the world; and WHEREAS all peoples yearn for freedom and justice; and WHEREAS these basic rights unfortunately are circumscribed or unrealized in many areas in the world ; and WHEREAS the United States of America has an abiding commit­ ment to the principles of independence, personal liberty, and human dignity; and WHEREAS it remains a fundamental purpose and intention of the Government and people of the United States of America to recognize ¡and encourage constructive actions which foster the growth and development of national independence and human freedom: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby designate the week beginning July 18,1965, as Captive Nations Week. I invite the people of the United States of America to observe this week with appropriate ceremonies and activities, and I urge them to give renewed devotion to the just aspirations of all people for national independence and human liberty; IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this second day of July in the year of our Lord nineteen hundred and sixty-five, and of the [ s e a l ] Independence of the United States of America the one hundred and eighty-ninth. L y n d o n B. J o h n s o n By the President:

D e a n R u s k , Secretary of State. [F.R. Doe. 65-7264; Filed, July 1 , 1965 ; 2 :1 1 p.m.]

Friday, July 9, 1965 FEDERAL REGISTER 8665

Executive Order 11231 ESTABLISHING THE VIETNAM SERVICE MEDAL By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, it is ordered as follows: Section 1. There is hereby established the Vietnam Service Medal with suitable appurtenances. Except as limited in section 2 of this order, and under uniform regulations to be prescribed by the Secre­ taries of the military departments and approved by the Secretary of Defense, or regulations to be prescribed by the Secretary of the Treas­ ury with respect to the Coast Guard when it is not operating as a service in the Navy, the Vietnam Service Medal shall be awarded to members of the armed forces who serve in Vietnam or contiguous waters or air space, as defined by such regulations, after July 3, 1965, and before a terminal date to be prescribed by the Secretary of Defense. Sec. 2. Notwithstanding section 3 of Executive Order No. 10977 of December 4, 1961, establishing the Armed Forces Expeditionary Medal, any member who qualified for that medal by reason of service in Vietnam between July 1,1958, and July 4 ,1965, shall remain quali­ fied for that medal. Upon application, any such member may be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but no person may be awarded both medals by reason of service in Vietnam and no person shall be entitled to more than one award of the Vietnam Service Medal. Sec. 3. The Vietnam Service Medal may be awarded posthumously. L y n d o n B. J o h n s o n T he W h ite H ouse, July 8, 1965. [F.R. Doc. 65-7331; Filed, July 8, 1965; 11:06 a.m.]

Rules and Regulations

able therefor in the county. Such ap­ cated by statistics of the Agricultural Title 7— AGRICULTURE portionment from the special acreage Stabilization and Conservation Service reserve shall be made only to counties of the Department. Chapter VII— Agricultural Stabiliza­ where wheat is a major income-produc­ For States for which wheat acreage tion and Conservation Service ing crop, only to farms on which there estimates are not compiled by the Sta­ (Agricultural Adjustment), Depart­ is limited opportunity for the produc­ tistical Reporting Service, and for the ment of Agriculture tion of an alternative income-producing 1957, 1958, 1959, 1960, 1961, 1962,. 1963, crop, and only if an efficient farming op­ and 1964 crop years, statistics of the SUBCHAPTER B— FARM MARKETING QUOTAS eration on the farm requires the allot­ Agricultural Stabilization and Conserva­ AND ACREAGE ALLOTMENTS ment of additional acreage from the spe­ tion Service were used. - PART 72ft— WHEAT cial acreage reserve. For the purposes Credit for wheat diversion in 1955 and of making adjustments from the special 1956 was computed on a farm basis as Subpart-— 1966—67 Marketing Year acreage reserve the cropland on the farm follows: If the farm wheat acreage allot­ Basis and purpose, (a) The regula­ shall not include any land developed as ment was knowingly exceeded no credit tions contained in §§ 728.304 and 728.305 cropland subsequent to the 1963 crop for diversion was allowed. If the allot­ are issued pursuant to and in accord­ year. In determining the amount of the ment was not knowingly exceeded, or the ance with the Agricultural Adjustment reserve consideration was given- to the wheat acreage was 90 per centum or Act of 1938, as amended, to (1) appor­ acreage required for making such adjust­ more of the farm allotment, the diversion tion the national acreage allotment ment for the 1965 crop. Less than 50,000 credit allowed was the difference between among the several States, and (2) to acres were needed for apportionment to the base acreage and the wheat acreage. designate the commercial wheat produc­ counties from the reserve. Slight in­ If the wheat acreage was less than 90 per ing area for the 1966-67 marketing year. creased demands may be expected in centum of. the allotment, the m axim um (b) Section 334(a) of the Act, as 1966, to make adjustments in farm al­ diversion credit for the farm was deter­ amended, provides that the 1966 na­ lotments which were qualified for such mined by dividing the wheat acreage by tional acreage allotment for wheat (less adjustment, but were missed or did not 90 per centum of the county scaling (1 ) a reserve of not to exceed 1 per apply for such additional allotment in factor and subtracting the wheat acreage centum thereof for apportionment to 1965. Accordingly, it is determined that from this result. counties in addition to the county allot­ 70,000 acres ape desirable for the pur­ For 1956 there was added to the com­ poses of this special reserve for the 1966 puted wheat diversion for each farm the ments made under section 334(b) of the crop. Act on the basis of the relative needs of acreage placed in the 1956 acreage re­ ¡counties for additional allotment be­ The determination that the national serve program for wheat which was not cause of new areas coming into the pro­ reserve for new areas coming into the planted to wheat. duction of wheat during the preceding production of wheat during the immedi­ - For the years 1955 and 1956, the State 10 years, and less (2) a special reserve ately preceding 10 years shall be in the diversion credit for wheat was deter­ not in-excess of 1 million acres for the amount of 14,393 acres, is based upon ex­ mined by obtaining the sums of the com­ purpose explained In the following para­ perience gained during the past several puted farm diversion credits for each graph) shall be apportioned among the years and presently indicated needs. year. For the States of Minnesota, Mon­ several States on the basis of the acreage Sections 106(a) and 112 of the Soil tana, North Dakota, and South Dakota, seeded for the production of wheat dur­ Bank Act provide that in the establish­ the acreages of Durum Wheat (Class ED ing the 10 calendar years 1955 to 1964 ment of State, county and farm acreage grown within the allotment increases (plus, in applicable years, the acreage allotments under the Agricultural Ad­ made for 1955 and 1956 under Public Law diverted from wheat under agricultural justment Act of 1938, as amended, reserve 431, 84th Congress, were deducted from adjustment and conservation programs), acreages applicable to any commodity the 1955 and 1956 State wheat acreages, with adjustments for abnormal weather shall be credited to the State, county and respectively, adjusted as described above conditions and for trends in acreage dur­ farm as though such acreage had been so that such increases made for D urum ing such periods. devoted to the production of the com­ Wheat (Class II) would not be reflected modity. in the determination of future allotments Section 334 (a) of the Agricultural Ad­ Public Law 86-793 provides that any as provided by those Acts. For the State justment Act of 1938, as amended, pro­ acreage diverted from the production of California a similar adjustment was vides for a special acreage reserve not in of wheat in order to carry out a contract made in the 1956 State wheat acreage excess of 1 million acres as determined under the Great Plains conservation for Durum Wheat (Class ID . by the Secretary as being desirable for program or Soil Bank program or in Adjustments for abnormal weather the purpose of making additional allot­ order to maintain for such period after conditions were determined on.a county ments to counties on the basis of the expiration of such contract as is equal basis for each State because the nature relative needs of counties, as determined to the contract period, any change in of such adjustments does not permit oy the Secretary,, for additional allot­ land use from cultivated cropland to their determination at the State level. ment to make adjustments in the allot­ permanent vegetation carried out under Such adjustments in the county wheat ments on old wheat farms (i.e., farms on the contract, shall be considered acre­ acreage estimates were approved only for which wheat has been seeded or regarded age devoted to wheat for the purposes counties for which the ASC State com­ as seeded to one or more of the three of establishing future State, county and mittees had determined that the wheat crops immediately preceding the crop for farm acreage allotments. acreage seeded and diverted for any year which the allotment is established) on In making the findings and determina­ of the 10-year period was below normal which the ratio of wheat acreage allot­ tions contained in § 728.304 the State cue to abnormal weather conditions. ment to cropland on the farm is less than wheat acreage estimates of the Statisti­ Counties thus approved which, had wheat one-half the average ratio of wheat cal Reporting Service of the Department acreage plus diverted acreage for the acreage to cropland on old wheat farms were used for the years 1955-56, inclu­ year in question lower than the level in the county. Such adjustments shall sive, adjusted where necessary to reflect represented by 90 percent of the most not provide an allotment for any farm the acreages of wheat used for green recent previous normal year’s acreage or manure, cover crop, hay, pasture, and 110 percent of the previous 10-year aver­ ich would result in an allotment-crop- silage, in all States, and the acreage age wheat acreage plus diverted acreage, and ratio for the farm in excess of one- planted to Durum Wheat (Class II) un­ whichever was less, were increased to fnt r f/ UCh county average ratio and the der applicable public laws, in the States such level.. The State wheat acreage esti­ «¡is suck adjustments in any county of North Dakota, Minnesota, Montana, mates' of the Statistical Reporting Serv­ snail not exceed the acreage made avail- South Dakota, and California, as indi­ ice, as previously adjusted, were in- No. 131------2 8667 8668 RULES AND REGULATIONS creased by an acreage equal to the dif­ shall be applicable in establishing the acre- was not reduced by reason of underplant­ ference between the wheat acreage plus age seeded and diverted and the past acreage ing except when less than 75 percent of of wheat for 1959 and subsequent years in diversion and the acreage substituted hi the apportionment of allotment beginning the farm allotment was planted to such lieu thereof as an adjustment for abnor­ with the 1961 crop of wheat. For the pur­ crop and to each of the two immediately mal weather, for all applicable counties pose of clause (1) of this subsection, a farm preceding crops. The 1960, 1961; 1962, in the State. with respect to which an exemption has 1963, and 1964 wheat acreage data com­ The 1957 wheat acreage data as com­ been granted under section 335(f) previously piled from Agricultural Stabilization piled from Agricultural Stabilization and in effect) for any year (1958 through 1963) and Conservation Service statistics were Conservation Service statistics included shall not be regarded as a farm to which the sum of the following: (1 ) The wheat the following as wheat acreage: ( ) a wheat marketing quota is applicable for acreage allotments for all farms on 1 such year, even though such exemption Acreages actually seeded on the farms should become nuU and void because of a which the allotment was overseeded, ex­ and classified as wheat under marketing violation of the conditions of the exemption. cept those farms on which the entire quota regulations, less the acreages of amount of the farm marketing excess Durum Wheat (Class ID grown within Under the provisions of subsection (d) was stored or delivered to the Secretary the allotments increased under Public and under the exceptions as prescribed to avoid or postpone the payment of Law 85-13; (2) the amounts by which in the provisos in Public Law 85-203, penalty, and none of such excess was the acreages on a farm were less than the only the allotment can be counted as depleted, or the farm marketing excess wheat acreage allotment, except those wheat acreage history on any farm on was adjusted to zero because of under­ farms underplanting the allotments for which the allotment is overseeded, unless production; (2) the wheat base acreages the purpose of depleting stored excess; the entire amount of the marketing on all old farms on which the allotment (3) the acreages diverted from the pro­ quota excess is stored or delivered to the was overseeded and on which the entire duction of wheat on complying farms; Secretary to avoid of postpone the pay­ amount of the farm marketing excess and (4) the acreages released and reap­ ment of penalty, and none of such ex­ was stored or delivered to the Secretary portioned to farms under regulations is­ cess has been depleted, or the excess has to avoid or postpone payment of penalty, sued by the Secretary governing the tem­ been adjusted to zero because of under- and none of such excess was depleted, or porary release and reapportionment of production. The 1959 wheat acreage the farm marketing excess was adjusted such acreage. data compiled from Agricultural Sta­ to zero because of underproduction; (3) Section 334 of the Agricultural Adjust­ bilization and Conservation Service sta­ the wheat base acreages on all old farms ment Act of 1938, as amended, was tistics were the sum of the following: (I) complying with the wheat acreage allot­ amended by Public Law 85-203 to add The wheat acreage allotments for all ment, except those farms, other than fed­ subsection (h), redesignated subsection farms on which the allotment was over- erally owned farms on which less than (g) by the Pood and Agriculture Act of seeded, except those farms on which the 75 per centum of the farm allotment for 1962, reading in part as follows: “Not­ entire amount of the farm marketiiig 1960, 1961, 1962, 1963, or 1964, as the withstanding any other provision of law, excess was stored or delivered to. the case may be, and for each of the two im­ no acreage in the commercial wheat- Secretary to avoid or postpone the pay­ mediately preceding years was actually producing area seeded to wheat for har­ ment of penalty; and none of such excess planted to wheat or was regarded as vest as grain in 1958 or thereafter in was depleted, or the farm marketing ex­ planted to wheat under the Soil Bank Act excess of acreage allotments shall be cess, was adjusted to zero because of and the Great Plains program; (4) for considered in establishing future State Underproduction; (2), the wheat base 1960, 1961, 1962, 1963, and 1964 for any and county acreage allotments except as acreages bn all old farms on which the old farm other than 'a federally owned prescribed in the provisos to the first allotment was overseeded and on which farm oh which less than 75 per centum sentence of subsections (a) and (b), re­ the entire amount of the farm market­ of the farm acreage allotment for 1960, spectively, of this section.” Under the ing excess was stored or delivered to 1961, 1962, 1963, and 1964, as the case provisions of this amendment, only the the Secretary to avoid or postpone pay­ may be, and for each of the two imme­ allotment can be counted as wheat acre­ ment of penalty; and none of such ex­ diately preceding years was actually age history cm any farm on which the cess was depleted, or the farm market­ planted to Wheat or regarded as planted allotment was overseeded for the 1958 ing excess was adjusted to zero because to wheat under the Soil Bank Act and the crop year. The acreage data for 1958 of Underproduction; (3) the wheat base -Great Plains program, the smaller of compiled from Agricultural Stabiliza­ acreages on all old farms complying with the farm base acreage for 1960, 1961, tion and Conservation Service statistics the wheat acreage allotment, except 1962, 1963, or 1964, whichever is ap­ were the sum of the following: (1) The those farms underplanting the allotment plicable, or the acreage obtained by wheat acreage allotments for all farms for the purpose of depleting stored ex­ multiplying the wheat acreage for such on which the allotment was overseeded; cess; arid (4) for those old farms under- year by the county wheat diversion fac­ (2) the wheat base acreages on all farms planting the allotment for the purpose of tor for such year, which will be the re­ complying with the wheat acreage allot­ depleting stored- excess, the acreage ciprocal of a decimal fraction which is ment, except those farms underplanting actually classified as wheat under mar­ 75 per centum of the county proration the allotment for the purpose of deplet­ keting quota regulations, plus the diver­ factor; (5) for new farms knowingly ing stored excess; and (3) for those farms sion credit determined by multiplying overplanted for which the farm market­ underplanting the allotment for the pur­ the acreage seeded by the reciprocal of ing excesses were adjusted to zero on pose of depleting stored excess, the acre­ the scaling factor. account of actual production or for which ages actually classified as wheat under Section 377 of the Agricultural Adjust­ farm marketing excesses were deter­ marketing quota regulations, plus thejdi- ment Act of 1938, as amended, was mined and such excesses wère stored or version credit determined by multiplying amended by Public Law 86-172 to read delivered to the Secretary to avoid or the acreage seeded by the reciprocal of beginning with the first proviso as fol­ postpone payment of penalty, the final the county scaling factor. lows: “Provided, That beginning with the allotment determined for the farm mul­ Section 334 of the Agricultural Ad­ I960 crop, except for federally owned tiplied by the county diversion credit justment Act of 1938, as amended, was land; the current farm acreage allot­ factor, which was the reciprocal of a amended by Public Law 86-419 to add ments established for a commodity shall decimal fraction equal to 100 per centum subsection (d) as follows: not be preserved as history acreage pur­ of the county proration factor; and (6) suant to the provisions of this section for any new farm for which a wheat (d) For the purpose of subsections (a), unless for the current year or either of acreage allotment was determined and (b), and (c) of this Section, any farm (1) the preceding years an acreage equal to which a wheat marketing quota is appli­ 2 such allotment was not overplanted, the cable; and (2) on which the acreage planted to 75 per centum or more of the farm final allotment determined for the farm to wheat exceeds the farm wheat acreage acreage allotment for such year was ac­ multiplied by the wheat diversion credit allotment; and (3) on which the marketing tually planted or devoted to the com­ factor, which was the reciprocal of a excess is zero, shall be regarded as a farm modity on the farm (or was regarded decimal fraction which is equal to the on which the entire amount of the farm as planted under provisions of the Soil county proration factor. To the acre- marketing excess has been delivered to the Bank Act or the Great Plains program).” ages determined above, the special allot­ Secretary or stored in accordance with ap­ ments assigned to farms in the Tulelake plicable regulations to avoid or postpone the, Under the provisions of this amendment paymeht of the penalty. This subsection farm Wheat acreage history for any crop Area of California under the provisions Friday, July 9, 1965 FEDERAL REGISTER 8669 of Public Law 86-385 were added for be designated outside the commercial Acreage wheat-producing area for the 1966-67 State allotment each of the years 1959, 1960, and 1961, V irgin ia______190,063 and as provided in Public Law 87-357 for marketing year. West Virginia______, 24,232 1962 and 1963. (d> The findings and determinations North Carolina______230,876 Section 334(c) of the Act was amended by the Secretary contained in §§ 728.304 South Carolina______117,816 by section 125 of the Agricultural Act of and 728.305 have been made on the basis G eo rg ia ______90,481 1961 to authorize the Secretary to in­ of. the latest available statistics of the F lorida__ :______U______13,823 crease farm wheat acreage allotments for Federal Government as required by sec­ Kentucky ______164,115 tion 301(c) of the Act. Tennessee _;___ 143,211 the 1962,1963, and 1964 crop years in the A lab am a______45,731 States of North Dakota, Minnesota, Mon­ (e) Prior to proclaiming that a na­ Mississippi ______46, 088 tana, South Dakota, and California to tional marketing quota for wheat would Arkansas ______61,827 meet demands for Durum Wheat (Class he in effect for the 1966-67 marketing Louisiana ______f.___ _ 33,414 ID, but it was provided that such in­ year, the amount of such national mar­ Oklahoma ______4,310,475 creased allotments would hot be taken keting quota, the amount of the 1966 Texas ______3,520,370 into account in the determination of fu­ national acreage allotment for wheat, M o n ta n a ______:__ _ 3, 528, 720 ture State, county, and farm allotments. the apportionment of the 1966 national Idaho ______;____ 1,030,483 Wyoming ______246,143 Action was taken pursuant to such sub­ acreage allotment among the several C olorado______2,319,207 section to increase 1962 farm acreage al­ States, and the determination that no New M exico______;______412,380 lotments for the production of Durum State with a State acreage allotment A rizo n a ______~______37,260 Wheat (Class II). As provided in the shall be outside the commercial wheat­ Utah ______256,110 statute, the increased allotments for the producting area for the 1966-67 mar­ Nevada ______: . 12,924 1962 crop in the designated States were keting year, public notice (30 F.R. 3601) W ash in gton ______1, 764, 843 not taken into account in the détermina­ was given of the proposed actions in Oregon _____ l______l _____ 737,978 tion of the State allotments in § 728.304. accordance with section 4 of the Ad­ C aliforn ia______j__l__ 358,347 State wheat acreage history, as com­ ministrative Procedure Act (5 U.S.C. Total apportioned to puted in accordance with the preceding 1003) ► No data, views, and recommend­ S ta tes______i______47, 715, 607 paragraphs, was corrected by removing ations were submitted pursuant to such Special acreage reserve'______70,000 the wheat acreage history for the years notice. National, reserve______14,393 1955 through 1958 for those farms which (f) Since the Act requires that notices have been removed from agricultural of farm acreage allotments shall insofar Total national allotment-. 47,800,000 production due to the encroachment of as practicable be mailed to farm oper­ § 728.305. Designation of States outside urban and industrial development. ators in sufficient time to be received the commercial wheat area for the Adjustments for trends in acreage dur­ prior to the date of the referendum to 1966—67 marketing year. ing the applicable base period were made be held not later than August 1, 1965, for each State by first computing an to determine whether farmers favor or No State for which a State acreage average of the adjusted State wheat oppose the quota, since farm acreage al­ allotment was determined Is designated acreage estimates for the 10-year period, lotments cannot be determined until the as outside the commercial wheat-produc­ 1955-64, and the 5-year period, 1960-64, national acreage allotment is appor­ ing area for the 1966-67 marketing year. and then computing for each State the tioned among States and Counties, and Accordingly, the commercial wheat pro­ midpoint of such 10-year and 5-year since farmers need to know their 1966 ducing area for the 1966-67 marketing average acreages. farm acreage allotments as soon as pos­ year shall consist of all States in the The effect of this adjustment for trend sible in order to plan their 1966 seeding United States except Hawaii and Alaska. was limited by not permitting the finally operations, it is hereby found that the (Secs. 301, 334, 334a, 375, 377, 379b, 52 Stat. determined base acreages to vary from apportionment and determinations here­ 38, as amended, 53, as amended, 66, as the average of the 10-year period (1955- in shall become effective upon the date amended, 73 Stat. 393, 76 Stat. 621, 626, as 64) by more than 3 per centum. of the filing of this document with the amended; 7 U.S.C. 1301, 1334, 1334b, 1375, The statistics of the Statistical Report­ Director, Office of the Federal Register.. 1377*1379b) ing Service, as so adjusted and supple­ Effective date: Upon filing with the mented by data compiled by the Agricul­ § 728.304 Apportionment of the 1966 Director, Office of the Federal Register. tural Stabilization and Conservation national acreage allotment of wheat Service, constitute the latest available among the several States. Issued at Washington, D.C., this 6th and most reliable statistics of the Federal The national acreage allotment, less a day of July 1965. Government. national reserve of 14,393 acres and a O rville L. F reem an, (c) Section 334a of the Act providesspecial acreage reserve of 70,000 acres Secretary. discretionary authority to the Secretary for additional allotments to counties, is [FJ&. Doc. 65-7196; Filed, July 8, 1965; to designate any State for which, a State hereby apportioned among the several 8:47 am .] acreage allotment of 25,000 acres or less States as follows: is determined for 1866 as being outside Acreage the commercial wheat-producing area / State allotment for the 1966-67 marketing year in order Alaska and Hawaii______None SUBCHAPTER C— SPECIAL PROGRAMS M a in e __ _.___ ...______230 to promote efficient administration of the New Hampshire______10 PART 755— REGIONAL PROGRAMS Act and of the Agricultural Act of 1949. Vermont ___ \______„v.,3 2 1 Section 379b of the Act, providing for Massachusetts ______153 Subpart— Appalachian Land Stabili'- wheat marketing allocations to farms, Rhode Island ______88 zation and Conservation Program specifies that if a noncommercial wheat- Connecticut____ -______/: 220 Sec. producing area is established for any New Y o r k ______258,150 755.1 Definitions. New J ersey______marketing year, farms in such area shall 39 ,4 17 755.2 Purposes and objectives. be given wheat marketing allocations Pennsylvania _,______.______416,212 755.3 Geographical applicability. which are fair and reasonable in relation Ohio ______1,198,219 755.4 General. In d ia n a ___ ;______884,719 755.5: State programs. to the wheat marketing allocations to Illinois ___:______1,180,290 farms in the commercial wheat-produc­ 755.6. Cost-share contract. M ic h ig a n ______-.______764,116 755.7 Cost-share payments. ing area. From the standpoint of effi­ W iscon sin______27,142 755.8 Modification of contracts. cient and equitable administration of the Minnesota ______614, 857 755.9 Termination of contracts. marketing quota and marketing alloca­ Io w a ______95,632 755.1Q Noncompliance. Missouri ______1,127,291 tion programs for the 1966-67 marketing 755.11 Signatu es. year, it is considered desirable that wheat North Dakota ______t_____ 6,602,241 South Dakota ______; 2,411,784 755.12 Filing of false claims. marketing allocations be made ta farms Nebraska ______' 2,763,140 755.13' Delegation of authority. " m all States on precisely the same basis, K ansas______9,475,617 755.14 Reporting performance. lnerefore, no State for which a State Delaware _____ 23,670 755.15 Handling exceptional cases. acreage allotment was determined will Maryland ______135,171 755.16 Access to farms and to farm records. 8670 RULES AND REGULATIONS

Sec. ie, Sevier, Smith, Sullivan, Unicoi, Union, each participating State in the Appalach­ 755.17 Preservation of cropland, crop acreage Van Ruren, Warren, Washington, and White; ian region. and allotment history. In Virginia, the counties of Alleghany, (q) “Federal Cochairman” means the 755.18 Appeals. Bath, Bland, Botetourt, Buchanan, Carroll, Federal Cochairman of the Appalachian 755.19 Availability of funds. Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Pulaski, Russell, Scott, Smyth, Regional Commission. Au th o rity : The provisions of this subpart Tazewell, Washington, Wise, and Wythe; (r) “State Cochairman” means the Issued under Public Law 89—4, 79 Stat. 5, 12 All the counties of West Virginia. State Cochairman of the Appalachian (1965). In New York, such counties as the Com­ Regional Commission as elected by the § 755.1 Definitions. mission and the State of New York agree to State members of the Commission from include in the Region in accordance with the among their number. As used in this subpart the following provisions of section 403 of the Act. § 755.2 Purposes and objectives. terms shall have the following meanings: (c) “Secretary” means the Secretary (a) “Act” means the Appalachian of' Agriculture of the United States or The general purposes and objectives Regional Development Act of 1965. any officer or employee of the United of the Appalachian Land Stabilization (b) “Appalachian Region” or “the States Department of Agriculture to and Conservation Program are to pro­ Region” means that area of the Eastern whom authority has been delegated, or mote economic growth of the Region and United States consisting of the follow­ to whom authority may hereafter be to promote the conservation and devel­ ing counties (including any political sub­ delegated, to act in his stead.' opment of the Region’s soil and water division located within such area): (d) “Administrator” means the Ad­ resources. This program is a long-term In Alabama, the counties of Bibb, Blount, ministrator or Acting Administrator of program designed to carry out the policy Calhoun, Chambers, Cherokee, Chilton, Clay, the Agricultural Stabilization and Con­ of the Act by assisting landowners, op­ Cleburne, Colbert, Coosa, Cullman, De Kalb, servation Service, United States Depart­ erators, or occupiers through contracts Elmore, Etowah, Payette, Franklin, Jackson, providing for land stabilization, erosion Jefferson, Lauderdale, Lawrence, Limestone, ment of Agriculture. Madison, Marion, Marshall, Morgan, Ran­ (e) “Deputy Administrator” means and sediment control, reclamation dolph, Saint Clair, Shelby, Talladega, Talla­ the Deputy Administrator or Acting through changes in land use, and the poosa, Tuscaloosa, Walker, and Winston; Deputy Administrator for State and establishment of practices and measures In Georgia, the counties of Banks, Barrow,, County Operations, Agricultural Stabili­ for the conservation and development of Bartow, Carroll, Catoosa, Chattooga, Chero­ zation and Conservation Service, United the Region’s soil, water, woodland, wild­ kee, Dade, Dawson, Douglas, Fannin, Floyd, life, and recreation resources. Forsyth, Franklin, Gilmer, Gordon, Gwinnett, States Department of Agriculture. Habersham, Hall, Haralson, Heard, Jackson, (f) “Director” means the Director or § 755.3 Geographical applicability. Lumpkin, Madison, Murray, Paulding, Pick­ Acting Director of the Conservation and The Appalachian Land Stabilization ens, Polk, Rabun, Stephens, Towns, Union, Land Use Division, Agricultural Stabili­ Walker, White, and Whitfield; zation and Conservation Service, United and Conservation Program will be lim­ In Kentucky, the counties of Adair, Bath, States Department of Agriculture. ited to the States and counties desig­ Bell, Boyd, Breathitt, Carter, Casey, Clark, (g) “State” means any one of the States nated as part of the Appalachian Region Clay, Clinton, Cumberland, Elliott, Estill, in the Appalachian Region. as defined in § 755.1 of the regulations Fleming, Floyd, Garrard, Green, Greenup, (h) “State committee” means the of this part, and then only in counties or Harlan, Jackson, Johnson, Knott, Knox, areas specifically approved in the State Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, persons in a State designated by the program developed hereunder. Lincoln, McCreary, Madison, Magoffin, Martin, Secretary as the Agricultural Stabiliza­ Menifee, Monroe, Montgomery, Morgan, tion and Conservation State Committee § 755.4 General. Owsley, Perry, Pike, Powell, Pulaski, Rock­ under section 8(b) of the Soil Conser­ (a) The Appalachian Land Stabiliza­ castle, Rowan, Russell, Wayne, Whitley, and vation and Domestic Allotment Act, as tion and Conservation Program will be Wolfe; amended. In Maryland, the counties of Allegany, Gar­ (i) “County” means a political sub­ administered in the field by State and rett, and Washington; county committees under the general In North Carolina, the counties of Alex­ division of a State identified as a county. direction and supervision of the Admin­ ander, Alleghany, Ashe, Avery, Buncombe, (j) “County committee” means the istrator. Members of county commit­ Burke, Caldwell, Cherokee, Clay, Davie, persons elected within a county as the tees are hereby authorized to sign con­ Forsyth, Graham, Haywood, Henderson, Jack- county committee pursuant to regula­ tracts on behalf of the Secretary. State son,'McDowell, Macon, Madison, Mitchell, tions governing the selection and func­ Polk, Rutherford, Stokes, Surry, Swain, tions pf Agricultural Stabilization and and county committees do not have au­ Transylvania, Watauga, Wilkes, Yadkin, and Conservation county and ¿community thority to modify or waive any of the Yancey; . provisions of these regulations, or any In Ohio, the counties of Adams, Athens, committees under section 8(b) of the amendment, supplement, or revision Belmont, Brown, Carroll, Clermont, Coshoc­ Soil Conservation and Domestic Allot­ thereto. ton, Gallia, Guernsey, Harrison, Highland, ment Act, as amended. (b) Landowners, operators, and oc­ Hocking, Holmes, Jackson, Jefferson, Law­ (k) “ Operator” means the person/who cupiers desiring to share in the accom­ rence, Meigs, Monroe, Morgan, Muskingum, is in charge of the supervision and con­ plishment of the purposes and objectives Noble, Perry, Pike, Ross, Scioto, Tuscarawas, duct of the farming operations on the of the program will be given an oppor­ Vinton, and Washington; entire farm. In Pennsylvania, the counties of Allegheny, (l) “Occupier” means any person other tunity to participate in the program in Armstrong, Beaver, Bedford, Blair, Bradford, accordance with the provisions of the Butler, Cambria, Cameron, Carbon, Centre, than the owner or operator who has an program as set forth in this subpart. Clarion, Clearfield, Clinton, Columbia, Craw­ interest as tenant or sharecropper in the An applicant, as a part of his applica­ ford, Elk, Erie, Fayette, Forest, Fulton, acreage covered by the contract. tion for assistance, will file an acceptable •Greene, Huntingdon, Indiana, Jefferson, (m) “Farm” means that area of land conservation and development ^plan for Juniata, Lackawanna, Lawrence, Luzerne, defined as a farm under the regulations the acreage to be included in his con­ Lycoming, McKean, Mercer, Mifflin, Monroe, governing Reconstitution of Farms, Al­ tract, and the measures specified in the Montour, Northumberland, Perry, Pike, Pot­ lotments, and Bases, Part 719 of this ter, Schuylkill, Snyder, Somerset, Sullivan, plan must be carried out irrespective«» Susquehanna, Tioga,'Union, Venango, War- chapter, as amended. whether cost-sharing is offered. The Yen, Washington, Wayne, Westmoreland, and (n) “Cropland” means that land con­ county committee will determine the Wyoming; s’ sidered as cropland under the regulations practices and extent of such practices to In South Carolina, the counties of Ander­ governing Reconstitution of Farms, Al­ be approved for cost-sharing to assist the son, Cherokee, Greenville, Oconee, Pickens, lotments,, and Bases, Part 719 of this applicant in carrying out his acceptable and Spartanburg; chapter, as amended. In Tennessee, the counties of Anderson, plan. A contract shall be entered into Bledsoe, Blount, Bradley, Campbell, Carter, (o) “Contract” means a Cost-Share setting forth the extent of the approved Claiborne, Clay, Cocke, Coffee, Cumberland, Contract, Appalachian Land Stabiliza­ assistance. An acceptable conservation De Kalb, Fentress, Franklin, ; Grainger, tion and Conservation Program. and development plan will be a plan Greene, Grundy, Hamblen, Hamilton, Han­ (p) “Commission” means the Appa­ developed for the land proposed to be cock, Hawkins, Jackson, Jefferson, Johnson, lachian Regional Commission which is placed under contract, on a form Pf®" Knox, Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, Overton, Pickett, composed of one Federal member (Fed­ scribed by the Administrator, with Polk, Putnam, Rhea, Roane, Scott, Sequatch­ eral Cochairman) and one member from technical nlannine assistance by teen- Friday, July 9, 1965 FEDERAL REGISTER 8671 nicians of the Soil Conservation Service, vegetative cover. For mechanical or (15) Improvement of an established except in cases where the proposed construction type practices, the specifi­ vegetative cover for soil or watershed treatment involves only a single practice cations shall include, where appropriate, protection. of pasture renovation or timber stand the types and sizes of material, installa­ (16) Treatment of farmland to per­ improvement or conversion of less than tion or construction requirements, and mit the use of legumes and grasses for 10 acres of land to grass or trees and other steps essential to the proper func­ soil improvement and protection. such use does not involve critical areas tioning of the structure. For other prac­ (17) Construction of water facilities or unusual costs and the conservation tices, the specifications shall include for wildlife habitat or protection. and development plan is acceptable to those steps essential to the successful (18) Establishment of vegetative cover the county committee. In approving performance of the practice. Practice to provide habitat, food, or. shelter for contracts, the county ASC committees specifications may provide minimum per­ wildlife. shall give preference to needy land- formance requirements which will (19) Conservation practices to develop owners, operators, and occupiers. qualify the practice for cost-sharing and recreation resources—establishment of (c) Detailed information concerningmaximum limits of performance which picnic and sports area; establishment of the program as it applies to an individual will be eligible for cost-sharing. For camping and nature recreation areas; farm may be obtained from the county practices which authorize Federal cost­ establishment of hunting and shooting ASGS office for the comity in which the sharing for applications of liming ma­ preserve area; establishment of fishing farm is located or from the State ASCS terials and commercial fertilizers, the area; establishment of summer water office. tminimum applications and maximum sports area; establishment of winter § 755.5 State programs. applications on which cost-sharing is sports area. authorized shall be determined on the (20) Other practices not covered (a) The State program shall be de­ basis of a current soil test: Provided, above which are determined to be needed veloped by the State or a political sub­ however, That if available facilities are to accomplish the purpose of the pro­ division thereof in accordance with the not adequate to permit the desired use gram. regulations contained in this subpart. of soil tests under the program, an al­ (e) The Soil Conservation Service The Agricultural Stabilization and Con­ ternative basis for determination by the shall have the same technical respon­ servation Service and other applicable county committee of such application sibility for Appalachian Land Stabiliza­ agencies of the Department of Agri­ shall be authorized to the extent neces­ tion and Conservation Program prac­ culture shall cooperate with the State sary. tices as it has for the same or similar governmental officials in the develop­ (d) The following practices and usesAgricultural Conservation Program ment of the program. The chairman of are authorized: Practices including applicable compo­ the State committee as the chairman of (1) Establishment of permanent sod nents of approved recreation practices. the State Agricultural Conservation Pro­ waterways to dispose of excess water The Forest Service is responsible for the gram Development Group shall be the without causing erosion. technical phases of forestry practices. point of contact with the State govern­ (2) Establishment of a permanent (f ) Each proposed State program shall mental officials. The State Agricultural vegetative cover for soil protection or as be submitted to the Commission by the Conservation Program Development a needed land use adjustment. member thereof representing such State. Group, which consists of the State ASC (3) Constructing terraces to detain or The estimated amount of funds needed Committee (including the State Direc- control the flow of water and check soil to accomplish the objectives of such pro­ tor of Extension), the State conserva­ -erosion. gram shall be stated in the submission tionist of the Soil Conservation Service, (4) Constructing diversion terraces, of the proposed program to the Com­ and the Forest Service official having ditches, or dikes to intercept runoff and mission. If approved by the Commis­ jurisdiction over farm forestry in the divert excess water to protected outlets. sion, the proposed State program shall State, shall consult with organizations (5) Constructing erosion control, de­ be submitted to the Secretary by the and agencies within the State that have tention, or sediment retention dams, pits, Federal Cochairman. Responsibility is conservation interests and responsibili­ or ponds to prevent or heal gullying or to assigned to the Conservation and Land ties. Upon request of the Governor of retard or reduce runoff of water. Use Division, ASCS, for reviéw and rec­ the State, a person selected as a direct (6 ) Constructing channel lining, ommendation for approval or disap­ representative of the Governor may be chutes, drop spillways, pipe drops, drop proval by the Secretary. designated by the Secretary as an addi­ inlets, or similar structures for the pro­ (g) Copies of bulletins setting forth tional member of the ACP Development tection of outlets and water channels the State program as approved by the Group with equal authority with other that dispose of excess water. Secretary shall be available in the office members of the Group in the develop­ (7) Streambank or shore protection, of the county committee. ment of the State program. channel clearance, enlargement or re- (b) The State program shall include alinement, or construction of floodways, §755.6 Cost-share contract. the following provisions: (1) Identifica­ levees, or dikes, to prevent erosion or (a) Filing requests. (1) Landowners, tion of program objectives and areas in flood damage to farmland. the State where the program will be ap­ operators, or occupiers in eligible coun­ (8) Establishment of a stand of trees ties shall be furnished information with plicable: (2) the designation of practices or shrubs to prevent erosion. for which cost-share assistance is re­ respect to the program and afforded an (9) Establishment of a stand of forest opportunity to request a cost-share con­ quested for each designated area, in­ trees or shrubs on farmland for pur­ cluding specifications for each proposed tract covering those practices which poses other than the prevention of would accomplish the objectives of the practice; and (3) the proposed cost- erosion. share rates for each practice. program on the farm. (10) Improvement of a stand of forest (2) The request shall be on a form and (c) Minimum specifications which trees. Practices must meet to be eligible for in accordance with instructions pre­ (1 1 ) Establishment of contour strip- scribed by the Administrator. federal cost-sharing shall be set forth cropping to protect soil from erosion. ip the State program, or be incorporated (b) Entering into a contract. (1) The (12) Constructing or sealing dams, county committee is authorized to ap­ therein by specific reference to a stand­ pits, or ponds as a means of protecting ard publication or other written docu­ prove the contract on behalf of the Sec­ vegetative cover or to make practicable retary. ment containing such specifications. the utilization of the land for vegetative *or practices involving the establish­ cover. (2) The contract must be signed by ment or improvement of vegetative (13) Developing springs or seeps for the owner of the land on which cost- cover, the specifications shall include, livestock water as a means of protecting share payments are provided under the appropriate, liming fertilization, vegetative cover or to make practicable contract and by the operator of the farm. , d seeding rates, eligible seeds and mix- the utilization of the land for vegetative The contract shall also be signed by any ?eeding dates, requirements for cover. occupiers who will share in payments in n tw al operations and inoculation, and (14) Controlling competitive shrubs to one or more years of the contract period. pcfi>Ki-Sv.eps essential to the successful permit growth of adequate desirable veg­ (3) There shall be only ope contract establishment or improvement of the etative cover. for a farm. 8672 RULES AND REGULATIONS (4) The final daté for signing the con­ Compliance with regulatory measures, change or add practices, or to make other tract shall be the date announced by the § 701.36 Depriving others of Federal cost­ changes which are consistent with this Administrator. sharing, §701.38 Misuse of purchase or­ subpart, the State program, and the con­ (c) Contract period. (1) The periodders, § 701.39 Federal cost-shares not servation and development plan. to be covered by a contract shall be not subject to claims, and § 701.40 Assign­ (d) Upon request of the contract less than 3 years or longer than 10 years ments. The Agricultural Conservation signers, a contract which would other­ as agreed to by the contract signers and Program regulations referred to above wise be in a noncompliance status at the the county committee. shall mean the Agricultural Conservation end of the contract period under the (2) The first year of the contract pe­ Program regulations applicable to the provisions of § 755.10(a) of these regula­ riod shall begin on the date of the ap­ year in which the contract is approved. tions may be modified to extend the con­ proval of the contract and shall end on (g) Cost-share payments shall not betract period not to exceed a total period December 31 of such year. Each subse­ made under the program with respect to of 10 years if the county committee de­ quent year of the contract period shall be land owned by the Federal Government, termines that failure to establish the on a calendar year basis. a State, or a political subdivision thereof. practices specified in the contract was not the result of the fault or negligence § 755.7 Cost-share payments. § 755.8 Modification of contract. of the contract signers. (a) Subject to the conditions and lim­ (a) If the farm is reconstituted in§ 755.9 Termination o f contracts. itations in this subpart, cost-sharing may accordance with the regulations govern­ be authorized for practices needed dur­ ing reconstitution of farms (7 CFR Part The Deputy Administrator may con­ ing the period of the contract to conserve 719, as amended), because of purchase, sent to the termination of a contract in and develop soil, water, woodland, wild­ sale, change of operation, or otherwise, cases where the parties to the contract life, and recreation resources. Payment the contract shall be modified with re­ are unable to comply with the terms of of the cost-shares shall be made only spect to any resulting farm containing the contract due to conditions beyond upon application submitted on a form all or any part of the acreage covered by their control, in cases where compliance prescribed by the Administrator. Prac­ tiie original contract. Such modified with the terms of the contract would tices required to be established under the contract or contracts shall reflect the work a severe hardship on the parties to contract which are started after a re­ changes in the number of acres in any tire contract, or in cases where termina­ quest for a contract is filed shall be con­ resulting farm, the acreage covered by tion of the contract would be in the pub­ sidered as started during the contract the contract, interested persons, and lic interest, provided the parties to the period. practices called for under the original contract refund such part of the cost- (b) Cost-share rates shall not exceed contract. If persons who were not sig­ share payments made under the contract 80 per centum of the average cost of natories to the original contract are as the Deputy Administrator determines carrying out the land treatment meas­ eligible and required to sign such modi­ appropriate. ures or such lower rate as the county fied contract or contracts but are not § 755.10 Noncompliance. committee determines will accomplish willing to become parties to the modified the objectives of the program. As a fur­ contract or for any other reason a modi­ (a) Failure to establish the practices ther limitation, oost-sharing may not be fied contract is not entered into, cost- specified in the contract within the time authorized in excess of $50 per acre un­ share payments for practices which have specified by the county committee shall less a representative of the State com­ not been carried out shall be forfeited be a violation of the contract and all mittee approves an amount in excess of with respect to acreage not continued in payments under the contract shall be this per acre limit on the basis that the the program. In addition, with respect forfeited and refunded. income potential and benefits derived by to acreage not continued in the pro­ (b) Failure to maintain a practice for expenditure of the additional money gram, cost-share payments paid for the period of the contract in accordance warrant the higher limit. practices (or components thereof) which with good farming practices shall be a (c) Cost-sharing shall not be ap­ have been carried out shall be refunded violation of the contract and any pay­ proved for more than 50 acres per farm. by the owner of such acreage prior to ment made in connection with such prac­ (d) The total acreage with respect to reconstitution unless the county com­ tice shall be refunded unless the practice which any landowner, operator, or oc­ is restored within the time prescribed by mittee with the approval of the State the county committee. cupier receives cost-sharing payments committee determines that the failure (c) If the county committee finds that shall not exceed 50 acres under all con­ to carry out all of the practices called any person has adopted or participated tracts in which he has an interest. for by the original contract will not im­ in any practice which tends to defeat the (e) Cost-sharing for the practices or pair the practices which have been car­ purposes of the program, it may with­ components thereof contained in the ried out and the completed practices will hold, or require to be refunded, all or approved State program is conditioned provide conservation benefits consistent any part of cost-share payments paid or upon the establishment, maintenance, with the cost-shares which have been payable under the program. It shall be and performance of the practices for the paid. Notwithstanding the foregoing, if considered a practice defeating the pur­ contract period in accordance with all control of land was lost through eminent poses of the program if the contract applicable specifications and program domain proceedings or to an agency signers do not make available for public provisions. Hie county committee shall having the right of eminent domain, any use a recreation resource development specify on the practice approval the cost-share payments paid under the con­ for which costs are shared. The regula­ date by which the practice must be com­ tract with respect to such land are not tions governing nondiscrimination in pleted. Subject to the availability of required to be refunded. federally assisted programs of the De­ funds, cost-sharing may be authorized (b) Except in cases in which the farm partment of Agriculture, Part 15 of this for the restoration or replacement of is reconstituted, if the ownership or op­ title, shall be applicable to this program. any needed conservation measure if eration of the farm changes in such a during the contract period the original manner that the contract no longer con­ § 7 5 5 .ll Signatures. conservation use is destroyed or ren­ tains the signatures of persons required Signatures to contracts and related dered unsuitable through no fault of the to sign the contract as provided in § 755.6, forms shall be in conformity with the contract signers. the contract shall be modified to reflect instructions on signatures and authoriza­ (f) In addition to the provisions con­ the new interested persons. If such per­ tions applicable to the Agricultural Con­ tained in this subpart, cost-sharing sons are not willing to become parties to servation Program. payments shall also be subject to the the modified contract, or for any other following regulations of the Agricul­ reason a modified contract is not entered § 755.12 Filing of false claims. tural Conservation Program (7 CFR into, cost-share payments shall be for­ The making of a fraudulent represen­ 701.1-701.93, as amended) : § 701.24 feited and refunded in accordance with tation by a person in the payment docu­ Failure to met minimum requirements, the rules provided in paragraph (a) of ments or otherwise for the purpose oi § 701.25 Conservation materials and this section. obtaining a payment from the county services, § 701.26 Practices carried out (c) Upon request of the contract committee shall render the person liable, with aid for ineligible persons, § 701.27 signers and approval of the county com­ aside from any additional liability imder Division of Federal cost-share, § 701.33 mittee, a contract may be modified to criminal and civil frauds statutes, for a Friday, July 9, 1965 FEDERAL REGISTER 8673

refund of the payments received by him or may hereafter provide for such pur­ PART 1427-—COTTON with respect to which the fraudulent rep­ pose, and the amount of such payments resentation was made. must necessarily be within the limits Subpart— 1965-Crop Supplement to finally determined by such appropria­ Cotton Loan Program Regulations § 755.13 Delegation of authority. tions. No delegation in this subpart to a State C orrection No t e : The reporting and recordkeeping or county committee shall preclude the requirements contained herein have been In F.R. Doci 65-6807, appearing at Administrator, or his designee, from de­ approved by, and subsequent reporting and page 8451 of the issue for Friday, July 2, termining any question arising under the recordkeeping requirements will be subject 1965, the following corrections are made: program or reversing or modifying any to the approval of the Bureau of the Budget 1. In the tabular matter of § 1427.1501, determinations made by a State or county in accordance with the Federal Reports Act the entry for Grade of Yellow Stained, committee. of 1942. SM, staple length 3%2, should read “755” Effective date: Date of signature. instead of “775”. § 755.14 Reporting performance. 2. In the tabular matter of § 1427.1502: The operator of the farm, in accord­ Signed at Washington, D.C., on July a. The entry following Columbia, ance with instructions issued by the 2,1965. Miss., should read “Columbus” instead Deputy Administrator, shall report to the H. D. G odfrey, of “Do”. county committee on Form ACP-245 the Administrator, Agricultural b. The entries in the figure column extent of compliance with the terms of Stabilization and Conserva­ for Tarboro and for Wake Forest, N.C., the contract. tion Service. each should read “29.46”. § 755.15 Handling exceptional cases. [F.R. ; Doc. 65-7230; Filed, July 8, 1965; c. The entry in the figure column for 8:49 a.m.] Blackville, S.C., should read “29.46” in­ The Deputy Administrator may allow stead of “29.42”. payment for performance not meeting all program requirements, where not pro­ Chapter XIV—-Commodity Credit Cor­ hibited by statute, if in his judgment poration, Department of Agriculture such action is needed to permit a proper 'T it le 9— ANIMALS AND disposition of the case. Such action may SUBCHAPTER B— LOANS, PURCHASES, AND be taken only where the person acted in OTHER OPERATIONS ANIMAL PRODUCTS good faith and in reasonable reliance [C.C.C. Grain Price^ Support Reg.,^1965-Crop on any instruction or commitment of any s Oats Supp., Arndt. 1 ] Chapter III— Consumer and Marketing member, or employee of the State or Service, Meat Inspection, Depart­ county committee or representatives of PART 1421— GRAINS AND SIMILARLY ment of Agriculture HANDLED COMMODITIES other Federal agencies assigned respon­ SUBCHAPTER A— MEAT INSPECTION sibility under the program, in meeting his Subpart—-1965 Crop Oats Loan and REGULATIONS obligations under the contract and in so doing reasonably accomplished the Purchase Program PART 316— MARKING, BRANDING, purposes of the contract. The amount AvAH.ABn.iTY and D isbursement AND IDENTIFYING PRODUCTS of the payment shall be based on the The regulations issued by the Com­ PART 317— LABELING actual performance and shall not ex­ modity Credit Corporation and published ceed the amount to which the person in 30 F.R. 3195 which contain specific re­ PART 318— REINSPECTION AND would have been entitled if the perform­ quirements with respect to price support PREPARATION OF PRODUCTS ance rendered had met all requirements. loan and purchase operations for the § 755.16 Access to farms and to farm 1965 crop of oats are amended as follows: Miscellaneous Amendments records. Section 1421.2641 is amended to change On January 27, 1965, there was pub­ County committeemen or their au­ the final date for filing applications for lished in the F ederal R egister (30 F.R. thorized representatives, or any author­ price support in States in which loans 844) a notice of proposed amendments to ized representative of the Secretary of have April 30, 1966, as their maturity Parts 316, 317, and 318 of the Federal Agriculture, shall have such access to date from January 31, 1966, to March Meat Inspection Regulations (9 CFR farms and to records pertaining thereto 31,1966, and to revise the wording of the Parts 316, 317, and 318) to allow use of as is necessary to make acreage determi­ section to read as follows: isolated soy protein in sausage and cer­ nations and to determine the extent of § 1421.2641 Availability and disburse­ tain other meat food products. Isolated compliance with the terms of the con­ ment. soy protein—a product of advancing food tract. technology—is the major proteinaceous Producers desiring to participate in fraction of soybeans prepared from high § 755.17 Preservation of cropland, crop this program must file an application for quality, sound, clean, dehulled soybeans acreage and allotment history. price support not later than January 31, by removing a preponderance of the non­ The cropland, crop acreage, and allot­ 1966, in States in which loans have a protein components and contains not ment history applicable to the designated maturity date of February 28, 1966, and less than 90 percent protein (N x 6.25) acreage shall be preserved, for any Fed­ not later than March 31, 1966, in States on a moisture-free basis. eral program under which such history in which loans have a maturity date of The purposes of these amendments are * used as a basis for an allotment or April 30, 1966. Loans shall be available to provide consumers with a broader se­ other limitation on the production of through January 31, 1966, in States in lection of sausage and certain other such crop, for the period covered by the which loans have a maturity date of meat products by including isolated soy contract and an equal period thereafter February 28,1966, and through March 31, protein in the lists of food materials that so long as the approved practice is main­ 1966, in States in which loans have a are authorized for limited use in sausage tained on the land. maturity date of April 30, 1966. (For and certain other meat food products § 755.18 Appeals. loan maturity dates, see § 1421.2648.) under the Meat Inspection Act, and to (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. require that isolated soy protein used Any person may obtain reconsider) 714b. Interpret or apply sec. 5, 62 Stat. in these products processed in official es­ review of determinations ma< 1072, secs. 105, 401, 63 Stat. 1051 as amended; tablishments contain a specified amount unaer this subpart in accordance with tl 15 U.S.C. 714c, 7 TT.S.C. 1421, 1441) Appeal Regulations, Part 780 of th of titanium incorporated as food grade Chapter (29 F.R. 8200), as amended. Effective date: Upon publication in the titanium dioxide for analytical control F ederal R egister. purposes-. § 755.19 Availability of funds. Signed at Washington, D.C., on July 2, After due consideration of all relevant 1965. matters in connection with such notice nJ be Provisions of this program a] and under authority of the Meat Inspec­ subject to such legislate H. D . G odfrey, tion Act, as amended and extended (21 w £ ff? 0ngress of the United States me Executive Vice President, enapt>' the payments provide Commodity Credit Corporation. U.S.C. 71-91) and section 306 of the su.bpart are contingent upc Tariff Act of 1930, as amended (19 U.S.C. sucn appropriations as the Congress hi fFR . Doe. 65-7231; Filed, July 8, 1965; 1306), §§ 316.13, 317.8, and 318.4 of said 8:49 a.m.] regulations are amended as follows: 8674 RULES AND REGULATIONS 1. Section 316.13(c) (1) is amended to Meat balls may be prepared with not be shown on the label of the container read; more than 12 percent, singly or collec­ of the isolated soy protein. tively, of farinaceous material, soy flour, The foregoing amendments differ in § 316.13 Marking of meat food prod­ soy protein concentrate, isolated soy pro­ some respects from the proposals set ucts in casings. tein, nonfat dry milk, calcium reduced forth in the notice of proposed rule mak­ * * * * * dried skim milk, and similar substances. ing. These differences merely reflect (c)(1) When cereal, vegetable starch, • * * * . * minor editorial changes and do not affect starchy vegetable flour, soy flour, soy (40) * * * Sausage may contain not the substance of the amendments. Fur­ protein concentrate, isolated soy protein, more than ZVz percent, individually or thermore, since these amendments au­ dried milk, nonfat dry milk, or calcium collectively, of cereal, vegetable starch, thorize the use of isolated soy protein reduced dried skim milk is added to starchy vegetable flour, soy protein con­ in certain meat food products in which sausage within the limits prescribed un­ centrate, isolated soy protein, nonfat dry its use was previously not permitted, they der Part 317 of this subchapter, the prod­ milk, calcium reduced dried skim milk, are in the nature of amendments reliev­ uct shall be marked with the name of or dried milk”; and by adding immedi­ ing restrictions and should be made ef­ each of such added ingredients, as for ately after such sentence a new sentence fective as soon as possible. Therefore, example, “cereal added,” “potato flour reading as follows: “In determining the pursuant to section 4 of the Administra­ added,” “cereal and potato flour added,” m a xim um amount of the ingredients tive Procedure Act (5 U.S.C. 1003), it is “soy flour added,” “soy protein concen­ specified in this subparagraph which found upon good cause that further pub­ trate added,” “isolated soy protein may be used, individually or collectively, lic riile-making procedure on these added,” “nonfat dry milk added,” “cal­ in a product, 2 percent of isolated soy amendments is unnecessary and that cium reduced dried skim milk added” or protein shall be considered the equiva­ they may be made effectiveJn less than “cereal and nonfat dry milk added,” as lent of 3.5 percent of any other ingredi­ 30 days. the case may be. On sausage of the ent specified in this subparagraph. * * * These amendments shall become ef­ smaller varieties, the marking prescribed * * * * * in this paragraph may be limited to links fective upon publication in the F ederal bearing the inspection legend. (48) Products labeled “Pork With R egister. Barbecue Sauce” and “Beef With Barbe­ Done at Washington, D.C., this 6th * * * * * cue Sauce” shall contain not less than 2. Section 317.8(c) (16), (27) t and day of July 1965. 50 percent meat computed on the weight R. K. S omers, (32), and the eighth sentence of § 317.8 of the cooked and trimmed meat. The Acting Deputy Administrator, (c) (40), and § 317.8(c) (48), are amend­ weight of the cooked meat used in this Consumer Protection, Con­ ed to read as follows: calculation shall not exceed 70 percent sumer and Marketing Service. § 317.8 False or deceptive labeling and of the uncooked weight of the meat. If uncooked meat is used in formulating [F.R. Doc. 65-7232; Filed, July 8, 1965; practices. 8:49 am .] ***** the products, they shall contain at least 72 percent meat computed on the weight (16) When cereal, vegetable starch, of the fresh- uncooked meat. When PART 316— MARKING, BRANDING, starchy vegetable flour, soy flour, soy cereal, vegetable flour, soy flour, soy pro­ protein concentrate, isolated soy protein, tein concentrate, isolated soy protein, AND IDENTIFYING PRODUCTS dried milk, nonfat dry milk, or calcium nonfat dry milk, calcium reduced dried reduced dried skim milk is added to sau­ PART 318— REINSPECTION AND skim milk or similar substances are used PREPARATION OF PRODUCTS sage within the limits prescribed under in preparing the products, such fact shall this part, there shall appear on the label be prominently stated contiguous to the Miscellaneous Amendments in a prominent manner, contiguous to the name of the product, the name of name of the product. On January 30, 1965, there was pub­ each such added ingredient, as, for ex­ 3. Section 317.8(c) (66) is amended by lished in the F ederal R egister (30 F.R. ample, “cereal added,” “with cereal,” changing the first sentence to read: 998) notice of a proposal to amend Parts “potato flour added,” “cereal and potato “Cheesefurters and similar products 316 and 318 of the Federal Meat Inspec­ flour added,” “soy flour added,” “soy made in simulation of sausage in casings tion Regulations (9 CFR Parts 316 and protein concentrate added,” “isolated but containing sufficient cheese to give 318) to permit the use of certain anti­ soy protein added,” “nonfat dry milk definite characteristics to the finished oxidants in the preparation of frozen added,” “calcium reduced dried skim article may contain cereal, vegetable fresh pork sausage and freeze-dried milk added,” or “cereal and nonfat dry starch, starchy vegetable flour, soy flour, meats under the Meat Inspection Act. milk added,” as the case may be. soy protein concentrate, isolated soy Interested persons were afforded 60 4c * * * * protein, nonfat dry milk, calcium re­ days to furnish views and comments. It (27) Product labeled “Chili Con duced dried skim milk, or dried milk.”; was suggested by interested persons that Carne” shall contain not less than 40 per­ and by adding immediately after the Nordihydroguaiaretic acid (NDGA) be cent of meat computed on the weight of second sentence a new sentence read­ included as an antioxidant permitted to the fresh meat. Head meat, cheek meat, ing as follows: “In determining the be used in these products, that citric and heart meat exclusive of the heart ■maxim u m amount of the ingredients acid be included as a synergist, and that cap may be used to the extent of 25 per­ specified in this subparagraph which may in the case of freeze-dried meats, the cent of the meat ingredient under spe­ be used, individually or collectively, in a level of antioxidant accepted not be cific declaration on the label. The mix­ product, 2 percent of isolated soy pro­ based solely on the fat content since ture may contain not more than 8 per­ tein shall be considered the equivalent the phospholipids in the lean are also cent, individually or collectively, of of 3.5 percent of any other ingredient protected. Since these suggestions are cereal, vegetable starch, starchy vege­ specified in this subparagraph.” incorporated in the amendments and a table flour, soy flour, soy protein concen­ 4. Section 318.4 is amended by adding minor editorial change was made from thereto a new paragraph (d) to read: the proposed amendments for the sake trate, isolated soy protein, dried milk, of clarity, the amendments differ in some nonfat dry milk, or calcium reduced § 318.4 Products and chemical prepara­ respects from the original proposals. dried skim milk. tions entering official establishments ; ***** identification; disposition; shipping However, adoption of the above sugges­ tions in the amendments does not rep­ (32) Spaghetti with meat balls and in commerce. 4< * * * * resent a change in principle from the sauce, spaghetti with meat and sauce, original proposal, and it appears that and similar products, shall contain not (d) All isolated soy protein used in less than 12 percent of meat computed products processed in official establish­ further public rule making procedure on on the weight of the fresh meat. The ments must contain not more and not the amendments would not make addi­ presence, of the sauce or gravy constitu­ less than 0.1 percent titanium incor­ tional information available to this De­ ent shall be declared prominently on the porated as food grade titanium dioxide, partment. Therefore, under section 4 label as part of the name of the product. and tiie presence of such substance must of the Administrative Procedure Act, it \ Friday, July 9, 1965 FEDERAL REGISTER 8675 is found that further notice and public § 318.7 [Amended] an official establishment to another offi­ rule making procedure on the amend­ 2. The table in subparagraph (4) of cial establishment or to a location oper­ ments are unnecessary. paragraph (b) of § 318.7 is hereby ating under the Identification Service After due consideration of all relevant amended to permit the use of BHA furnished under Part 340 of this sub­ matters in connection with the notice of (butylated hydroxyanisole), BHT (butyl- chapter shall be equipped for sealing and proposed rule making and under the ated hydroxy toluene), propyl gallate, or securely sealed by a Division employee authority of the Meat Inspection Act, as NDGA (nordihydroguaiaretic acid) or a with an official seal of the Department amended and extended (21 U.S.C. 71 et bearing the inspection legend. seq.), and subsections 306(b) and (c) of combination of these antioxidants, with the Tariff Act of 1930, as amended (19 or without citric acid, in frozen fresh 2. Paragraph (a) of § 340.3 of Part U.S.C. 1306 (b) and (c) ), Parts 316 and pork sausage and freeze-dried meats in 340 is amended by adding thereto a new the amounts specified in the table, as subparagraph (4) to read as follows: 318 of the Meat Inspection Regulations follows: are hereby amended as follows: (1) In the portion of the chart dealing § 340.3 Types and availability of serv­ ice. § 316.13 [Amended] with “Antioxidants” (Class of Sub­ stance), the following information on * * ♦ * * 1. Paragraph (e) of § 316.13 is amended BHA, BHT, propyl gallate, and NDGA is (a) Identification service. * * * by adding after the words “unsmoked inserted in the appropriate columns im­ (4) The service will be available for dried sausage” the words “or frozen mediately following “tocopherols” and products' moved in tank cars and tank fresh pork sausage.” information relating thereto. trucks from an official establishment or from a location operating under this Substance Purpose Products Amount service only if such tank cars or tank trucks are equipped for sealing and are BHA(butylated hydroxy­ To retard rancidity. Frozen fresh pork 0.01 percent \ securely sealed by an employee of the anisole). ' sausage. based on Meat Inspection Division of the Con­ fat content. BHT (butylated hydroxy- ___do...... do. 0.01 percent sumer and Marketing Service with an toluene). based on 0.02 percent in official seal of the Department bearing fat content. combination the inspection legend before leaving Propyl gallate...... do. -do. (KOI percent ' based on fat based on content. such official establishment or such other fat content. location. Nordihydroguaiaretic acid .do. ___do...___...1 ... 0.01 percent (NDGA). based on * * * * * fat content. (Sec. 306, 46 Stat. 689, as amended; 34 Stat. BHA (butylated hydroxy­ .do. Freeze dried meats. 0.01 percent ^ anisole). based on 1264;. 41 Stat. 241; secs. 203, 205, 60 Stat. total weight. 1087, 1090, as amended; 19 U.S.C. 1306(b) BHT(butylated hydroxy- .do. toluene). ___do______..... 0.01 percent and (c); 21 U.S.C. 89 and 96; 7 U.S.C. 1622, based on 1624; 29 F .R. 16210, as amended) total weight. 0.01 percent in Propyl gallate...... do. ...—do______0.01 percent combination. based on Effective date. The foregoing amend­ total weight. ments shall become effective 10 days Nordihydroguaiaretic acid .do.: __.do___ ...... 0.01 percent (NDGA). based on after publication in the F ederal total weight.^ R egister. The Meat Inspection Division has rea­ son to believe that the present regulation iw £ J5 h-e of c.hart dealing with Synergists (class of substance), there (7 CFR 316.16) requiring labeling only, for each tank car and tank truck trans­ Substance Purpose porting inspected and passed product Products Amount from an official establishment, does not Citric acid . adequately insure that such product will To increase effectiveness Frozen fresh pork sausage. 0.01 percent on basis of fat content, of antioxidants. in combination with antioxidants. not be adulterated or that other product Freeze dried meats. . 0.01 percent in combination with will not be substituted therefor en route antioxidants, to destination. Accordingly, the amend­ ment of § 316.16 imposes an additional »«*«'• oo», as amended ; 34 »tat. 1264, 41 Stat. 241; 19 UJ3.0. 1306; 21 U.S.C. (19 U.S.C. 1306), and the Agricultural requirement that such tank cars and «8. 96; 29 F.R. 16210, as amended) Marketing Act of 1946, as amended (7 tank trucks must be sealed with an offi­ U.S.C. 1621 et seq.), the U.S. Depart­ cial seal of the Department if the prod­ These amendments will become effec­ ment of Agriculture hereby amends uct is transported from one official es­ tive 30 days after publication in the F ed­ Parts 316 and 340, Title 9, Code of Fed­ tablishment to another such establish­ eral R egister. eral Regulations, as follows: ment or to a location where identifica­ . Do^e7 at Washington, D.C., this 6th 1. Section 316.16 of Part 316 is tion service is maintained under the day of July 1965. amended to read as follows: supervision of the Division. Further, the regulations under which identifica­ R. K . S omers, § 316.16 Tank cars and tank trucks tion service is furnished are amended by Acting Deputy Administrator, used in transporting edible product. Consumer Protection, Con­ making such service available with re­ sumer and Marketing Service. ; Each tank car and each tank spect to product moved in tank cars or tank trucks from an official establish­ [F-R. Doc. 65—7233; Filed, July 8, 1965 • truck carrying inspected and passed 8:49 a.m.] product from an official establishment ment or from a location operating under shall bear a label containing the true such service only if such cars or trucks name of the product, the inspection are sealed before leaving such establish­ ment or location. Inasmuch as these pa? L 3,6- m a r w n g , b r a n d in g , legend, the establishment number, and an d identifying pr o d u c ts the words “date of loading,” followed by amendments are necessary to afford ad­ a suitable space for the insertion of the ditional safeguards to maintain the in­ tegrity of products which are federally P A | RATT . k3.t° ~ SPEC,AL SERVICES RE­ date. The label shall be located con­ spicuously and shall be printed on ma­ inspected or identified, it is found upon PRODUCT10 MEAT AND 0THER terial of such character and so affixed as good cause under section 4 of the Ad­ to preclude detachment or effacement ministrative Procedure Act (5 U.S.C. Amendment of Regulations upon exposure to the weather. Before 1003) that notice and other public pro­ the car or truck is removed from the cedure with respect to the amendments the m S?* authority contained in place where it is unloaded, the carrier are impracticable and contrary to the extendi Act>as amended and shall remove or obliterate such label. public interest, and good cause is found U.S.C. 71 et seq.), section for making the amendments effective he Tariff Act of 1930, as amended (b) Tank cars and tank trucks carry­ less than 30 days after publication in ing inspected and passed product from No. 131------3 the F ederal R egister. 8676 RULES AND REGULATIONS

Done at Washington, D.C., this 6th tending from the 5-mile radius zone to 2.5 tude 92°51'30" W.; to latitude 32°10'00" N., day of July 1965. miles SE of the VORTAC; w ithin 2 miles longitude 92°20'00" W.; to latitude 32905'00" each side of the 329° radial of the Alexandria N., longitude 91°57'00” W.; to latitude 32°- R . K . S omers, VORTAC, extending from the 5-mile radius 05'00'' N., longitude 91°28'00" W.; to lati­ Acting Deputy Administrator, zone to 14 m iles NW of the VORTAC; Within tude 31°04'00" N., longitude 91 °29'20" W.; Consumer and Marketing Service. 2 miles each side of the England AFB TAOAN to latitude 30°53'40” N., longitude 91 °29'10" 150° radial, extending from the 5-mile radius W.; to'latitude 30°46'20" N., longitude 91°. [F.R. Doc. 65-7234; Piled, July 8, 1965; zone to 7 miles SE of the TACAN; within 50'40" W.; to latitude 30°32'00" N., longitude 8:50 a.m.] 2 miles each side of the England AFB TACAN 92°15'00” W.; to latitude 30°24'00” N., longi­ 317° radial, extending from the 5-mile radius tude 92°26'00" W.; to latitude 30°32'00” N., zone to 7 miles NW of the TACAN; within longitude 92°50'00" W.; to latitude 30°56'00'' 2 miles each side of the extended centerline N., longitude 93°33'00" W.; to latitude Title 14— AERONAUTICS AND of Runway 14, extending from the 5-mile 31°17'00” N., longitude 93°37'00” W.; to radius zone to 6 miles NW of the airport; point of beginning; excluding the portion within 2 miles each side of the extended within the Natchez, Miss., transition area. SPACE centerline of Runway 18, extending from the 8. In § 71.171 (29 F.R. 17664), the Fort Chapter I— Federal Aviation Agency 5-mile radius zone to 5.5 miles N of the airport; and within 2 miles each side of the Polk, La., transition area is amended to [Airspace Docket No. 63-SW-127] extended centerline of Runway 36 extending read as follows: j-J from the 5-mile radius zone to 6.5 miles S F ort P o lk , La. PART 71 -¿-DESIGNATION OF FEDERAL of the airport. AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 700 2. In § 71.171 (29 F.R. 17582), the feet above the surface within a 5-mile radius AND REPORTING POINTS Alexandria, La. (Esler Field) control zone of Polk AAF (latitude 31°02'40" N., longitude Alteration of Control Zones, Designa­ is amended to read as follows: 93°11'25" W.) ; w ithin 2 miles each side of the 160° bearing from the Polk AAF RBN, extend­ tion and Alteration of Transition Alexandria, La. (E sler F ield) ing from the 5-mile radius area to 10 miles Areas and Revocation of Control That airspace within a 5-mile radius of SE of the south fan marker; and within 2 Area Extensions Esler Field (latitude 31°23'45" N., longitude miles each side of the 340° bearing from the 92°17'40" W.) ; within 2 miles each side of the Polk AAF RBN, extending from the 5-mile On February 2, 1965, a notice of pro­ Esler Field VOR 358° radial, extending from radius area to 8 miles NW of the north fan posed rule making was published in the the 5-mile radius zone to 7 miles NW of the marker. F ederal R egister (30 F.R. 1055) stating VOR; and within 2 miles each side of the (Sec. 307(a), Federal Aviation Act of 1958; Esler Field VOR 358° radial, extending from 49 UJ3.C. 1348) that the Federal Aviation Agency pro­ the 5-mile radius zone to 6 miles N of the posed to alter the controlled airspace in VOR. Issued in Fort Worth, Tex., on June the Alexandria, La., terminal area. On 29, 1965. March 30, 1965, a supplemental notice 3. In § 71.171 (29 F.R. 17600), the Fort Polk, La., control zone is amended to read A. L. Coulter, of proposed rule making was published Acting Director, Southwest Region. in the F ederal R egister (30 F.R. 4140) as follows: proposing a 700-foot-floor transition F ort P olk, La. [F.R, Doc. 65-7172; Filed, July 8, 1965; area to encompass Polk AAF for the pro­ That airspace within a 5-mile radius of 8:46 a.m.] tection of IFR operations conducted dur­ Polk AAF (latitude 31°i)2'40'' N., longitude ing the hours when the Fort Polk, La., 93°11'25" W.); within 2 miles each side of the 160° bearing from the Polk AAF RBN, ex­ [Docket No. 6757] part-time control zone would not be tending from the 5-mile radius zone to 9 effective. miles SE of the south fan marker; and with­ PART 163— CANTON ISLAND Interested persons were afforded an in 2 miles each side of the 340° bearing from AIRPORT opportunity to participate in the rule the Polk AAF RBN, extending from the 5- making through submission of comments. mile radius zone to 7 miles NW of the north Deletion fan marker. This control zone is effective The Air Transport Association of Amer­ The purpose of this amendment to the ica recommended that an intersection be during the dates and times established in advance by publication of Special Notices in Federal Aviation Regulations is to delete established to the north of the Esler the Airman’s Information Manual. Part 163—Canton Island Airport. VOR for a straight-in approach to Run­ Part 163 prescribed landing and park­ way 14 at Esler Field. This required an 4. In § 71.165 (29 F.R. 17557), the ing charges at Canton Island Airport, additional control zone extension which Alexandria, La., control area extension is and utility, medical, and hospital charges was proposed in the supplemental notice revoked. for users of facilities on Canton Island. of proposed rule making. All comments 5. In § 71.165 (29 F.R. 17577), the By the end of the day of June 30, 1965, received in response to the notice as Shreveport, La., control area extension is the FAA ceased its operations at Canton modified by the supplemental notice were revoked. Island, and transferred accountability favorable. 6. In § 71.165 (29 F.R. 17562), the Cor­ and control of property in FAA custody A requirement no longer exists for the pus Christi, Tex,, control area extension to the National Aeronautics and Space retention of the Shreveport, La., and is revoked. Administration (NASA). Beginning Corpus Christi, Tex., control area ex­ 7. In § 71.181 (29 F.R. 17643), the fol­ July 1, 1965, NASA operates the Canton tensions; although not proposed in the lowing transition area is added: Island Airport, and provides services on notice, action is taken herein to revoke Alexandria, La. Canton Island. As a result, Part 163 thfem. Since the revocation of these ceased to be effective at 12:00 p.m. on control area extensions imposes no ad­ That airspace extending upward from 700 feet above the surface within a 16-mile radius June 30,1965. ditional burden on any person, notice of England AFB (latitude 31°19'40" N., Since this amendment merely deletes and public procedures hereon are un­ longitude 92°33'05" W.) ; within a 7-mile obsolete regulatory material, compliance necessary. radius of Esler Field (latitude 31°23'457 N., with the notice, public procedure, and In consideration of the foregoing, Part longitude 92°17'40" W.) ; within 2 miles each effective date provisions of the Adminis­ 71 of the Federal Aviation Regulations is side of the 151 ° bearing from the Alexandria amended, effective 9001 e.s.t., Septem­ RBN, extending from the England AFB 16- trative Procedure Act is not required. ber 16,1965, as hereinafter set forth. mile radius area to 12 miles SE of the RBN; In consideration of the foregoing, Part 1. In §71.171 (29 F.R. 17582), thewithin 2 miles each side of the Alexandria 163 of Chapter I of Title 14 of the Code VORTAC 151° radial, extending from the of Federal Regulations is deleted. Alexandria, La, (England AFB) control England AFB 16-mile radius area to 12 miles zone is amended to read as follows; SE of the VORTAC; within 2 miles each side (Sec. 313(a), Federal Aviation Act of 1958; 49 U.S.C. 1354(a)) Alexandria, La. (England AFB) of the Esler VOR 155° radial, extending from the Esler Field 7-mile radius area to 19 miles Issued in Washington, D.C., on July 2, That airspace within a 5-mile radius of SE of the airport; within 2 miles each side England AFB (latitude 31°19'40" N., longi­ of the Esler VOR 338° radial, extending from 1965. tude 92°33'05'' W.); within 2 miles each side the VOR to 8 miles NW; and that airspace D. D. T homas, of the 318° bearing from the Alexandria RBN, extending upward from 1,200 feet above the Acting Administrator. extending from the 5-mile radius zone to the surface within an area bounded by a line be­ RBN; within 2 miles each side of the Alex­ ginning at latitude 31°26'00" N., longitude [F.R, Doc. 65-7178; Filed, July 8. 1965; andria VORTAC 151° and 331° radials ex­ 93?17'00" W., to latitude 31 °49'00" N., longi­ 8:46 a.m.] Friday, July 9, 1965 FEDERAL REGISTER 8677 and November 1, 1954, and certain other ting the funds of private investors for Title 24— HOUSING AND mortgages that have been or may be ac­ government financing therein. quired from authorized sources, in an HOUSING CREDIT orderly manner, with a minimum of ad­ 6. Section 1600.32 is amended to read verse effect upon the home mortgage as follows: Chapter IV— Federal National Mort­ market and minimum loss to the Fed­ § 1600.32 Financing of Management and gage Association, Housing and eral Government (described further in Liquidating Functions. Home Finance Agency §§ 1600.31 and 1600.32); and under Funds required for the Management which FNMA also serves as fiduciary PART 1600— MORTGAGE PUR­ and Liquidating Functions are obtained with respect to mortgages held by it or through borrowings from the Secretary CHASES, SERVICING AND SALES, in which the United States or an agency of the Treasury, net proceeds from op­ AND SHORT-TERM LOANS ON THE or instrumentality thereof has a finan­ erations and portfolio liquidation, sales SECURITY OF MORTGAGES cial interest, to provide a means for sub­ of certificates of beneficial interests, or stituting the funds of private investors participations, in mortgages, and from Miscellaneous .Amendments for government financing therein. time to time through the sale to private Part 1600 of Chapter IV of Title 24 3. In § 1600.12, which relates to mort­ investors of FNMA’s obligations issued of the Code of Federal Regulations is gage purchases under the Secondary under its Management and Liquidating amended as follows: Market Operations, the paragraph that Functions. Hie aggregate amount of 1. In § 1600.0 the information relating precedes paragraph (a) is amended to such separate obligations issued to pri­ to the location of offices and area served read as follows; vate investors, the proceeds of which are is amended to read as follows: paid to the Secretary of the Treasury in § 1600.12 Mortgage purchases. reduction of the corporation’s indebted­ § 1600.0 Scope of part. Mortgage purchases are confined, in­ ness under the Management and Liqui­ ***** sofar as practicable, to mortgages which dating Functions, may not exceed Location of FNMA Agencies and Area Served are of such quality, type, and class as to FNMA’s ownership under such functions, meet, generally, the purchase standards Atlanta, Ga., 30303, 34 Peachtree Street free from any liens or encumbrances, of NE.: Alabama, Florida, Georgia, Kentucky, imposed by private institutional mortgage cash, mortgages, and other holdings of Mississippi, North Carolina, South Carolina, investors. Purchases are made by FNMA securities in which the corporation is Tennessee. under the terms of specific contracts, authorized to invest. Such separate ob­ Chicago, 111., 60603, 1112 Commonwealth- and in accordance with certain condi­ ligations are not guaranteed by the Edison Building, 72 West Adams Street: Illi­ tions and requirements stated therein. United States and do not constitute a nois, Indiana, Iowa, Michigan, Minnesota, FNMA will purchase participations un­ debt or obligation of the United States. Nebraska, North Dakota, Ohio, South Dakota, der its Secondary Market Operations on With respect to the Management and Wisconsin. a negotiated basis for each such Dallas, Tex., 75201, Dallas Federal Savings Liquidating Functions, there is no re­ Building, 1505 Elm Street: Arkansas, Colo­ purchase. course to the capitalization of FNMA. rado, Kansas, Louisiana, Missouri, New Mex­ * * * * * All of the benefits and burdens incident ico, Oklahoma, Texas. 4. Section 1600.25 is amended to read to their administration inure solely to Los Angeles, Calif., 90005, 3540 Wilshire as follows: the Secretary of the Treasury. Boulevard: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Ore­ § 1600.25 Financing of Special Assist­ 7. Section 1600.44 is amended to read gon, Utah, Washington, Wyoming. ance Functions. as follows: Philadelphia, Pa., 19107, 211 South Broad § 1600.44 Maximum mortgage. Street: Connecticut, Delaware, District of Mortgage sellers are not required to Columbia, Maine, Maryland, Massachusetts, purchase common stock of FNMA in con­ Under the Special Assistance Func­ New Hampshire, New Jersey, New York, Penn­ nection with purchases or contracts for tions the original principal obligation of sylvania, Puerto Rico, Rhode Island, Ver­ purchases under these Special Assistance a mortgage mùst not exceed, or have mont, Virgin Islands, Virginia, West Virginia. Functions, nor is there any recourse to exceeded, $17,500 for each family resi­ Sales Offic e the capitalization of FNMA with respect dence or dwelling unit covered by the to such functions. Funds required for 149 Broadway, Room 2310, New York, N.Y., mortgage. This limitation does not 10006. the operation of these functions art ob­ apply to mortgages covering properties tained primarily by borrowings from the located in Alaska, Guam, or Hawaii, or 2. In § 1600.1 paragraphs (b) and (c) Secretary of the Treasury; additional to any mortgage insured by FHA under are amended to read as follows: sources of funds are the net proceeds section 213 and covering property lo­ from operations, portfolio liquidation cated in an urban renewal area, or under § 1600.1 General. and sales of certificates of beneficial in­ section 220, or Under title VIII of the terests, or participations, in mortgages. National Housing Act. (b) Special assistance functions, op­All of the benefits and burdens incident (Sec. 309, 68 Stat. 620; 12 U.S.C. 1723a) erated for the account of the Govern­ to the administration of the Special As­ ment with Treasury money {excepting sistance Functions inure solely to the Issued at Washington, D.C., July 2, the interests of, and funds of, investors Secretary of the Treasury. 1985. ln FNMA participation certificates), 5. Section 1600.31, which relates to F ederal N ational M ortgage which, upon specific authorization by the FNMA’s Management and Liquidating A ssociation, president of the United States, or by Functions, is amended to read as follows: J. S. B aughman, the Congress, provide special assistance President. financing selected types of home § 1600.31 General. [P.R. Doc. 65-7170; Filed, July 8, 1965; mortgages that qualify under special The Federal National Mortgage Asso­ 8:46 am .] programs; the charter also makes pro­ ciation Charter Act authorizes FNMA to visions for special assistance through the manage and liquidate its portfolio of Purchase of home mortgages generally mortgages acquired pursuant to con­ «s a means of retarding or stopping a tracts entered into prior to November 1, Title 47— TELECOMMUNICATION aeciine in mortgage lending and home 1954, and those other mortgages that miding activities which threatens ma­ have been or may be acquired from au­ Chapter I— Federal Communications terially the stability of a high level na- thorized sources, in an orderly manner, Commission economy {described further in with a minimum of adverse effect upon SU600.21 to 1600.25) ; and the home mortgage market and mini­ [FCC 65-560] „ Management and liquidating func- mum loss to the Federal Government, PART 0— COMMISSION ^ d e r which FNMA manages and and also to serve as fiduciary with respect ORGANIZATION ernmo«Huf0r the account of the Gov- to mortgages held by FNMA or in which th*e remaining portfolio of mort- the United States or an agency or in­ Miscellaneous Amendments tpiîd ^duired pursuant to contracts en- strumentality thereof has a financial in­ Order. At a session of the Federal a into between February 10, 1938, terest, to provide a means for substitu­ Communications Commission held at its 8678 RULES AND REGULATIONS offices in Washington, D.C., on the 30th (d) * * * with respect thereto, any officer or em­ dày of, June 1965 : (7) For withdrawal of papers in ac­ ployee of the Commission who is served The Commission having under con­ cordance with § 1.8 of this chapter. with a demand for the production of records or files not routinely available sideration procedures for making infor­ § 0.302 [Amended] mation and records available to the pub­ for inspection, or his testimony con­ lic and for their production or disclosure * * * * * cerning the same, shall appear in re­ in response to a subpena; and 4. Section 0.302(a) is deleted and the sponse to the demand and respectfully It appearing that most Commission word “[Reserved]” is inserted in lieu decline to produce such records or files records are routinely open to public in­ thereof. or to testify concerning them, basing his spection under § 0.417 (a) of the rules and § 0.331 [Amended] refusal upon this rule. regulations; and (1) If instructions have not been re­ It further appearing that procedures 5. Section 0.331(b) (2) is deleted and ceived by such officer or employee prior should be established to provide for the the word “[Reserved]” is inserted in lieu to his appearance, he shall advise the orderly, expeditious and uniform han­ thereof. court or other authority that the demand dling of requests for inspection, and of 6. In § 0.417, that portion of paragraph has been, or is being, referred to the subpenas demanding the production of (a) preceding subparagraph (1 ) is Commission, and respectfully request records which are not routinely available amended; paragraph (b) is amended; that the demand be stayed pending the for public inspection; and and paragraphs (c), (d) and (e> are receipt of instructions from the Commis­ It further appearing that the Com­ added, to read as follows: sion. mission’s authority in such matters (2) If the demand is made while such should be delegated to the Chairman; § 0.417 Inspection of records. officer or employee is in the presence of and (a) Subject to the provisions of sec­ the court or other authority, he shall It further appearing that authority for tions 4(j) and 606 of the Communica­ offer to refer the demand to the Com­ the amendments adopted herein is con­ tions Act of 1934, as amended, the follow­ mission for instructions. Unless the de­ tained in sections 4 (i) and ( j ), 5 (d), and ing Commission records are routinely mand is withdrawn, he shall respect­ 303(r) of the Communications Act of available for public inspection: fully request that it be stayed pending 1934, as amended; and * * * * * the receipt of instructions from the It further appearing that the amend­ (b) Except as provided in paragraph Commission. ments adopted herein are procedural in (a) of this section or as otherwise ex­ [F.R. Doc. 65-7159; Filed, July 8, 1965; nature and pertain to internal delega­ pressly provided in this chapter, the rec­ 8:45 a.m.] tions of authority, and hence that the no­ ords and files of the Commission are not tice and effective date provisions of sec­ routinely available for public inspection. tion 4 of the Administrative Procedure No officer or employee of the Commis­ {Docket No. 15929; FCC 65-557] Act are inapplicable: sion shall permit the inspection of such PART 2— FREQUENCY ALLOCATIONS It is ordered, That effective July 9, records or files, or disclose information AND RADIO TREATY MATTERS; 1965, Part 0 of the Commission’s Rules contained therein, unless such inspection and Regulations is amended as set forth is authorized by the Commission. GENERAL RULES AND REGULA­ below. (O Upon written request describing TIONS (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. in detail the papers to be inspected or PART 87—-AVIATION SERVICES 154. Interpret or apply sec. 303, 48 Stat. the information to be disclosed, and the 1082, as amended; sec. 5, 66 Stat. 713; 47 reasons for such inspection or disclosure, Miscellaneous Amendments U.S.C. 303,155) the Commission may in its discretion au­ Report and order. 1. The Commission Released: July 2,1965. thorize the inspection of records not routinely available for public inspection on April 2, 1965 released a notice of F ederal Communications under paragraph (a) of this section, or proposed rule making in the above-en­ Com m ission, the disclosure of information contained titled matter (FCC 65-253) which made [seal] B en F. W aple, therein. Except upon an appropriate provisions for the filing of com m ents and Secretary. showing, however, the Commission will was duly published in the F ederal Reg­ ister on April 7, 1965 (30 F.R. 4492). 1. Section 0.211(e) is added to read not authorize the inspection (or dis­ 2. The notice of proposed rule making as follows: closure) of records and files, such as the following, which contain information had for its purpose (1 ) the clarification § 0.211 Chairman. submitted to the Commission in con­ of Subpart H—Part 87 to reflect usage * * * * * by persons engaged in soaring activities; fidence: (2) the addition of a section to specifi­ (e) Actions under § 0.417(c) involving (1) Those containing information cally provide for mobile operations on a request for inspection of records or filed under § 1.611 of this chapter, and the ground; and, (3) various editorial flies not routinely available for public network and transcription contracts filed changes in Parts 2 and 87 necessitated inspection, or the disclosure of informa­ under § 1.613 of this chapter. See 18 by the proposed changes in Subpart H tion contained therein; and actions un­ U.S.C. 1905. der § 0.417(d) involving a demand (2) Those containing information of Part 87. submitted by equipment manufacturers 3. Comments were filed by Federal (subpena, order or other demand) for Aviation Agency (FAA), National Pilots the production of such records or flies, and other persons under §§ 2.557, 5.204 and 15.70 of this chapter. See 18 U.S.C. Association (NPA), Mr. Thomas Page or for testimony concerning information and the Soaring Society of America, Inc. contained therein. 1905. (3) Personnel files. See 5 U.S.C. 631. Reply comments were filed by the Air­ 2. Section 0.251(b) is amended to read (d) In the event that a demand craft Owners and Pilots Association as follows: (subpena, order or other demand)* is (AOPA). NPA supported the amend­ ments as proposed. The other respond­ § 0.251 Authority delegated. made by a court or other competent au­ ents made requests for specific changes * * * * * thority outside the Commission, upon any officer or employee of the Commis­ which are discussed in succeeding para- (b) Insofar as authority is not dele­sion for the production of records or files graphs. gated to any other Bureau or Office, and not routinely available for public inspec­ 4. A major portion of the comments with respect only to matters which are tion, or for testimony concerning infor­ were directed to the “remote micro­ not in hearing status, the General Coun­ mation contained therein, he shall phone” provision of the Rules. Tne sel is delegated authority to act upon promptly advise the Commission of such present rules and the proposal in this requests for extension' of time within demand, the nature of the papers or in­ Docket both contain a Section (present which briefs and comments may be filed. formation sought, and all other relevant 87.351 and proposed 87.347) which re­ facts and circumstances. The Commis­ quires, in essence, that when a flyihS 3. Section 0.281(d) (7) is amended to sion will thereupon issue such instruc­ school (aviation instructional) station is read as follows: tions as it may deem advisable. operating at a landing area served by a § 0.281 Authority delegated. (e) Unless specifically authorized to airdrome control station, the airdrom * * * '* * produce such records or files or to testify control operator must be given a remo Friday, July 9, 1965 FEDERAL REGISTER 8679 microphone connection to the station so are amended as set forth below. It is weather, ice conditions, or other matters that orders or instructions may be trans­ further ordered, That this proceeding is relating to safety of life and property if: mitted by the airdrome control operator terminated. (a) There is no established means of to aircraft receiving instructions from (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. communication between the points in the flying school station. This rule was 154. Interprets or applies sec. 303, 48 Stat. question; based on a requirement of CAA (now 1082, as amended; 47 U.S.C. 303) (b) No charge is made for the com­ PAA). The PAA in commenting in this munication service; and, proceeding has informed the Commis­ Adopted: June 30, 1965. (c) A copy of each message so trans­ sion that they no longer have a require­ Released: July 2,1965. mitted is kept on file at the transmitting ment for such a rule. This change is a station in accordance with § 87.103. result of the Federal Airways Regula­ F ederal Communications tion which prescribes direct communica­ Com m ission, 6. Subpart H of Part 87 is amended to tions between the control tower and air­ [ seal] B en F . W aple, read as follows: craft operating in the traffic pattern. Secretary. Subpart H— Aviation Instructional Accordingly, the “remote microphone” 1. In Part 2, Subpart A, § 2.1, delete Stations * provision will be deleted. This deletion the definition for “Flying School Sta­ Sec. is consistent with comments directed to tion” and add in alphabetical order, the 87.341 Frequencies available. the section by AOPA, Mr. Thomas Page following definition: 87.343 Eligibility of licensee. and the Soaring Society of America. 87.345 Scope of service. 5. AOPA, The Soaring Society of § 2.1 Definitions. 87.349 Cooperative use of facilities. 87.351 Mobile on the ground. America and Mr. Thomas Page urge the ♦ $ * ♦ * 87.353 Power. Commission to amend § 87.341 to allow Aviation instructional station. A land 87.355 Frequency assignment non-exclusive. the assignment of more than one fre­ or mobile station in the aeronautical quency in the case of mobile stations. Au th o rity : The provisions of this Subpart mobile service used for radiocommuni­ H issued under sec, 4, 48 Stat. 1066, as amend­ This is recommended to allow mobiles cations pertaining to instructions to ed; 47 U.S.C. 154; interprets or applies sec. greater flexibility in frequency selection students or pilots while actually oper­ 303, 48 Stat. 1082, as amended; 47 U.S.C. 303. in order to facilitate compliance With the ating aircraft or engaged in soaring non-interference requirement for mobile activities. § 87.341 Frequencies available. operations of § 87.351,. The Commission The frequencies 123.1, 123.3 and 123.5 feels that these recommendations are * * * * * Mc/s are available for assignment to well taken and § 87.341 has been changed 2. In § 2.106 Table of -Frequency Allo­ ground and aircraft instructional sta­ accordingly. cations, the entries “Flight test; flying tions on the basis that interference is 6. The Soaring Society and Mr. Page school” in column 1 1 , opposite the fre­ not caused to flight test stations. Nor­ urge that the Commission adopt a pro­ quencies 123.1, 123.3 and 123.5 Mc/s in mally, one frequency will be assigned to cedure whereby persons engaged in soar­ column 10, are amended to read “Flight each station at a fixed location; mobile ing activities could submit one applica­ test; aviation instructional”, and foot­ stations will be assigned all these fre­ tion and fee and receive one license note US33 is amended to read as follows: quencies. which would authorize the use of both § 2.106 Table of Frequency Allocations. aviation instructional and aeronautical § 87.343 Eligibility for licensee. utility frequencies. It is recognized that, * * * * * US33 The band 123.075-123.555 Mc/s is An aviation instructional station li­ in certain soaring activities, if adequate for use by flight test and aviation instruc­ cense will be granted only to flying communications are to be maintained tional stations. schools and to persons engaged in soar­ both an aviation instructional station ing activities; Provided, however, That and aeronautical utility mobile station * * * * * temporary use, not to exceed six months, are necessary. The necessity for mul­ 3. In § 87.5, the definitions Flying of aviation instructional frequencies may tiple types of radio stations to successful­ school aircraft station and Flying school be authorized in a private aircraft sta­ ly carry out an activity is not uncommon. station are deleted and a new definition tion to a person taking flight instructions The Commission has compartmentalized is added in alphabetical order to read as for communications in accordance with the various Subparts and stations au­ follows: this subpart. Each application shall be thorized thereunder on the basis of func­ §87.5 Definition of terms. accompanied by a statement that the ap­ tions. It is not administratively feasible plicant is either the operator of a flying to combine separate and distinct func­ Aviation instructional station. A land school, engaged in soaring activities or tions into one license just because a par­ or mobile station in the aeronautical taking flight instructions. ticular activity needs to utilize more than mobile service used for radiocommuni­ one type of station using one or more cations pertaining to instructions to § 87.345 Scope of service. transmitters for its activity. The fact students or pilots while actually oper­ Communications shall be limited to the that a person may have to file multiple ating aircraft or engaged in soaring necessities of pilot training, coordination applications with a fee for each is not activities. between gliders and ground stations, and unreasonable. In view of the foregoing, * * — * * * promotion of safety of life and property. this recommendation is not adopted. 7. Clarification and editorial changes 4. Section 87.123 is amended to réad as § 87.349 Cooperative use of facilities, were suggested with respect to certain follows : (a) Only one aviation instructional rulea and definitions. These comments § 87.123 Permissible communications. station will be authorized at a landing area: Provided, however, That this limi­ were considered and editorial changes All ground stations in the Aviation where made in certain instances, In tation does not apply to aviation instruc­ Services shall transmit only communica­ tional stations authorized for mobile op­ this connection, clarification of the defi­ tions for the safe, expeditious, and eco­ nition of Aviation Instructional Stations eration on the ground. nomical operation of aircraft and the (bL

§ 87.353 Power. two Class C stations. These mileages (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. represented the distances required to 154; interpret or apply sec6. 303, 307, 48 Stat. The power output of aviation instruc­ 1082,1083 ; 47 U.S.Ç. 303, 307) tional stations shall not be more than prevent overlap of the 20 mv/m contours 50 watts for land or mobile stations on rounded out to the nearest 5 miles, since Adopted: June 30,1965. the ground and not more than 10 watts the tests indicated that elimination of Released: July 2,1965. for aircraft stations. such overlap was necessary to avoid this type of interference. No comments or F ederal Communications § 87.355 Frequencies assignment non­ data were filed in the proceeding. In Com m ission,1 exclusive. the absence of measurements indicating [ seal! B en F . W aple, No frequency available to a station en­ that closer spacings would be acceptable, Secretary. gaged in instructional flying will be we are of the view that the proposed [FJt. Doc. 65-7162; Filed, July 8, 1965; assigned exclusively to any licensee. All table should be adopted. These spac­ 8:45 am .] stations in this service are required to ings will of course apply to both com­ coordinate operation so as to avoid in­ mercial and non-commercial educa­ terference and make the most effective tional FM stations. We do not expect, [Docket No. 14229; FCC 65-577] use of assignments. however, that there will be the same problem with the -watt educational [F.R. Doc. 65-7163; Piled. July 8, 1965; 10 PART 73— RADIO BROADCAST stations and are not proposing any mile­ SERVICES 8:45 a.m.] age separation rules for these stations. The EF problem for such stations will be Fostering Expanded Use of UHF [Docket No. 15934; FCC 65-575] considered on a case-by-case basis. We Television Channels do not propose to change any existing PART 73— RADIO BROADCAST assignments which may not conform to Supplement No. 3 to the fourth report SERVICES the new table except on specific request and order. 1. Three errors have been Minimum Required Spadngs Between of interested parties. discovered in the revised Table of As­ 5. Authority for the adoption of the signments for UHF television channels FM Broadcast Stations amendment contained herein is con­ adopted June 4, 1965. Two of these re­ Report and Order. 1. The Commis­ tained in sections 4(i) and (j), 303, and sulted from incorrect information being sion has before it for consideration its 307(b) of the Communications Act of given to the electronic computer and notice of proposed rule making, FCC 1934, as amended. the other was a simple typographical 65-275, issued in this proceeding on April 6. In view of the foregoing, It is or­ error. 2, 1965 and published in the F ederal dered, That Part 73 of the Commission’s 2. Channel 56 was assigned to Sacra­ R egister on April 7,1965 (30 FJt. 4495), rules and regulations is amended, effec­ mento, Calif. This assignment is short inviting comments on a proposal to sub­ tive August 9,1965, as follows: spaced to the Channel 42 assignment to stitute a mileage table for the Note ap­ a. In § 73.207(a) the Note to the table Pittsburg, Calif. We find that Channel pended to §73.207 of the rules and is amended to read as follows: 39 can' be used at Sacramento to replace regulations. § 73.207 Minimum mileage separations Channel 56 and will comply with all of 2. The Note appended to § 73.207 is between co-channel and adjacent the required geographic spacings. intended to prevent interference between channel stations on commercial 3. Channel 17 was assigned to Har­ FM broadcast stations that are separated channels. lingen, Tex., and reserved for educa­ in frequency by 10.6 or 10.8 Mc/s (53 or ***** tional use. This assignment is short 54 channels) and reads as follows: spaced to the Channel 17 assignment in Note: Stations or assignments separated Matamoros, Tamaulipas, Mexico. Chan­ Note: Intermediate frequency amplifiers of in frequency by 10.6 or 10.8 Mc/s (53 or 54 most FM broadcast receivers are designed to channels) will not be authorized unless they nel 44 may be assigned to Harlingen and operate on 10.7 megacycles. For this reason confonxL-to the following separation table: will comply with all of the required geo­ the assignment of two stations in the same graphic separations. area, one on a frequency of 10.6 or 10.8 mega­ Required 4. The listing for Charlotte Amalie, cycles removed from that of the other, will spacing Virgin Islands, showed Channel 34 as­ be avoided if possible. Class of stations in miles A to A______------5 signed. This was a typographical error Thus, the present rule is inadequate in B to A__ I-,______------______10 and should have shown Channel 43, that it merely precludes such assign­ B to B------15 5. It is hereby ordered, That the Table ments in the same community or “same C to A______j— —- 20 of Assignments in § 73.606 of the Com­ area” but does not spell out what the C to B______—------25 mission rules is amended, insofar as the “taboo” distances should be for the var­ C to C__—___ .v!------— — 30 cities listed below are concerned, to read ious classes of stations. ***** as follows, effective August 16, 1965: 3. It has been demonstrated that sta­ b. In § 73.504, a new paragraph (g) is Sacramento, Calif -— ------3, *6,10,29,39 tions separated by the IF frequency dif­ added as follows: Harlingen, Tex______4 + , 23, *44 ference cannot operate in the same com­ Charlotte Amalie, VJ—------10—, 17, *23,43 munity without destructive interference § 73.504 Zones, classes of stations, nse of channels, facilities, and minimum 6. Authority for the above amend­ to reception. This is due to a spurious mileage separations between stations. response in the receiver and will vary ments is contained in sections 4(i), 303 with the design of the receiver. The • * * * * (c) and (f ), and 307(b) of the Communi­ interference will vary with the strength (g) Stations separated in frequency cations Act of 1934, as amended. of the desired and undesired signals. by 10.6 or 10.8 Mc/s (53 or 54 channels) (Sec. 4, 48 Stat. 1066, as amended; 47 Ü.S.C. The worst type of interference is that from stations or assignments on com­ 154. Interpret or apply secs. 803, 307, 48 resulting to the reception of a third sta­ mercial channels will not be authorized Stat. 1082,1083; 47 U.S.C. 303,307) tion from two undesired stations sepa­ unless they conform to the following separation table: Adopted: June 30,1965. rated by the IF difference. Since IF dif­ Required ference interference occurs.over the en­ spacing Released: July 2,1965. tire reception band of the receiver, it does Class of stations (miles) not lend itself readily to a cure by the F ederal Communications A to A— ______— ------I—...... 5 Com m ission, insertion of “wave traps” or filters. B to A______10 4. Based upon a recent study by the B to B______— ------15 [ seal] B en F . W aple, Commission’s Laboratory of the inter­ C to A------20 Secretary. ference to typical FM receivers, a set of O to B______— ------*— f------25 [FJR. Doc. 65-7160; Filed, July 8, 1955; mileage separation “taboos” were pro­ C to C ------30 8:45 a.m.] posed in the Notice ranging from 5 miles 7. It is further ordered, That this pro­ for two Class A stations to 30 miles for ceeding is terminated. » Commissioner Cox dissenting. Friday, July 9, 1965 FEDERAI REGISTER 8681 [Docket No. 14229; FCC 65-576] the educational assignment for Hemp­ revised Table of Assignments because PART 73— RADIO BROADCAST stead, N.Y. The superseded Table of cities with a population less than 25,000 Assignments reserved Channel 53 at were not included unless there was a SERVICES Hempstead. - However, omission of the specific request on file. This was not in­ Fostering Expanded Use of UHF upper 14 UHF channels for possible use tended to preclude an assignment in Television Channels by the proposed Community TV service smaller cities if there was a demonstrated made it necessary to rearrange the lower interest in the prompt construction and Supplement No. 2 to the fourth report UHF channels and no assignment could operation of a new UHF TV station. and order. 1. In the preparation of the be found for Hempstead. Removal of Channel 30 is no longer available at revised Table of Assignments for UHF Channel 49 from Stamford now makes it Hickory in the revised table. However, television broadcast channels, adopted possible to provide the needed educa­ Channel 20 can be assigned to Hickory June 4, 1965 (FCC 65-504), channels as­ tional channel at Hempstead. We have and will meet the minimum mileage signed to licensees and permittees were been advised that the Long Island Tele­ separation requirements of the rules left unchanged except where the licensee vision Council, a non-profit association with respect to other assignments in the had requested the assignment of another composed of people from various colleges revised Table of Assignments. channel. During the course of the de­ in the area, civic leaders and represent­ 10. The retention of Channel 58 in velopment of the revised plan, the Com­ atives of local government, is prepared Asbury Park, N.J., the replacement of mission wrote letters to holders of con­ to proceed with the construction and op­ Channel 53 with Channel 49 as an educa­ struction permits and licenses for UHF eration of a new educational TV broad­ tional reservation at Hempstead, N.Y., stations which had discontinued opera­ casting station at Hempstead, if a chan­ and the assignment of Channel 20 at tion or had never operated, in an effort nel is made available. Cameras, video Hickory, N.C., are predicated upon as­ to weed out those which had no definite and audio control units and other studio surances that they will be promptly plans to resume operation or proceed support equipment formerly used by the placed into use. Failure to do so may with construction. This was to permit Columbia Broadcasting System (CBS) at result in the deletion or replacement of the release of channels for use in the Liederkranz Hall in New York City, has the assignments to provide flexibility , in development of the revised UHF plan. been donated by CBS to the Council. making assignments in places where they 2. Among those contacted was Atlantic 6. John R. Rieger, d/b as High Fidelity will be promptly used. Video Corp., permittee of WRTV, Chan­ Music Co., filed a comment in this pro­ 11. Accordingly, it is ordered, That, nel 58, Asbury Park, N.J., which ceased ceeding requesting that the status of effective August 9, 1965, the Table of operation on April 1, 1955. Through â Channel 53 at Hempstead be changed Assignments in § 73.606 is amended inso­ misunderstanding the Commission re­ from reserved to unreserved. It was his far as the cities named below are con­ ceived the impression that the permittee opinion that the educational and cultural cerned, to read as follows: was no longer interested in resuming op­ needs of that area of Long Island could eration of WRTV and Asbury Park was C ity Channel best be served by a commercial TV broad­ Asbury Park, N.J___-s t i _.____ 53 dropped from the Tablé of Assignments. cast station. In support he calls atten­ Trenton, N.J_l ______*81 Subsequently, the permittee Requested tion to the history of WUR, a radio Hempstead, N.Y!__*49 oral arugment and farther submitted an broadcast station operated by his firm. Hickory, N.C_____^______• 20 application for modification of the out­ He expresses serious doubt as to the wis­ Casper, Wyo------2 + , *6 + , 30, 36 standing construction permit. We failed dom of relying upon an educational sta­ to restore Asbury Park and Channel 58 to tion almost wholly supported by Federal Delete the entry for Stamford, Conn. the assignment plan. This permitted the funds, to operate impartially in meeting 12. The action herein is taken pur­ computer to select Channel 57 for assign­ the needs of the area. It is his position suant to authority found in sections 4(a) , ment to Trenton, N.J., and the channel that a commercial TV station would be 303 (c) and (r) and 307(b) of the Com­ was reserved for educational use. more apt to offer a broad cross-section of munications Act of 1934, as amended. 3. In order to return Channel 58 to community cultural activities, including (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. Asbury Park, it is necessary to delete those of a commercial nature such as bal­ 154. Interpret or apply secs. 303, 307, 48 Channel 57 from Trenton. There are let, symphony concerts and good drama. Stat. 1082, 1083; 47 U.S.C. 303, 307) no channels in the range 14 to 69 which A noncommercial educational station op­ Adopted: June 30, .1965. *nay be assigned to Trenton as a substi- erated by local educational interests tute for Channel 57, and comply with the might be inclined to favor productions Released: July 2, 1965. Minimum separations required by rule. of member organizations. Mr. Rieger F ederal Communications Channel 81 may be used, although it Stresses that the question is not whether Com m ission, £ invade the group of channels a TV channel at Hempstead should be [seal] B en F. W aple, which we have proposed to reserve for used for educational purposes, but how Secretary. community TV stations. Although the it shall be financed, i.e., by private en­ previous Table of Assignments contained [F.R. Doc. 65-7161; Piled, July 8, 1965; terprise or public funds. , 8:45 am.] no educational reservation for Trenton, 7. If the proposed rules for community we consider that its importance as the TV stations are adopted, it is possible capital of the State and an important that such type of station may be used to educational center warrants such an provide a local commercial outlet invasion. for that area of Long Island. The Title 41— PUBLIC CONTRACTS 4. The revised assignment table also area has, however, an abundance of gen­ Places Channel 49 in Stamford, Conn, eral program service from the New York AND PROPERTY MANAGEMENT otamford would not have been selected City stations. There appears to be a ior inclusion in the new table had it not greater need for an educational reserva­ Chapter 9— Atomic Energy Deen for two pending applications: Board tion at Hempstead. ' Commission. Qvv^oica^ 0n’ tovm of Greenwich, Conn;, 8. The listing for Casper, Wyo., in the a n d S t a ^ Broadcasting Co., of Stam- revised table of assignments shows PART 9-10— BONDS AND Co™- B°th applied for Channel Channel 6 as unreserved. On May 21, INSURANCE oa winch was assigned to Stamford in 1965, the Commission adopted a report Subpart 9-10.1— Bonds o»L£reVJ?*us alignm ent plan. Subse- and order reserving Channel 6 in Casper. quently, Stamford Broadcasting Co. re- Therefore, we are removing the reserva­ Subpart 9—10.3— Insurance th f îed1?lsmissal of its application and tion from Channel 36 and placing it on application of the Board of Eduea- Channel 6. M iscellaneous A mendments ΰyn of Greenwich, has been dis- 9. On May 24, 1965, Catawba Valley The following section is added: C w L lV !eparate action. This frees Broadcasting Co., Inc. filed an applica­ annel 49 for assignment elsewhere. tion, File No. BPCT-3572, for Channel § 9—10.000—50 Policy, cost-type con­ siennSJhe,development of the new as- 30 at Hickory, N.C. Hickory was as­ tractor procurement. a Pla « adopted °n June 4, 1965, signed Channel 30 in the previous Table nuous effort was made to preserve All of FPR 1-10 and AECPR 9-10 con­ of Assignments but was not listed in the stitute specific provisions which the con- 8682 RULES AND REGULATIONS tracting officer shall bring to the atten­ type contractors as constituting areas September 5,1965, in accordance with all tion of Class A and Class B cost-type which require appropriate treatment in applicable State regulations subject to contractors as constituting areas which the development of statements of con­ the following special conditions: require appropriate treatment in the tractor procurement practices in order (a) Species permitted to be taken: development of statements of contractor to carry out the basic AEC procurement Antelope procurement practices in order to carry policy set forth in AECPR 9-1.5203. (b) Other provisions: out the basic AEC procurement policy Section 9-30.209 Order of preference, 1. The provisions of this special regu­ set forth in AECPR 9-1.5203. lation supplement the regulations which paragraph (a) is amended to read as govern hunting on wildlife refuge areas Section 9-10.150 Fidelity bonds, is follows: generally which are set forth in Title amended to read as follows: § 9—30.209 Order of preference. 50, Code of Federal Regulations, Part 32. § 9—10.150 Fidelity bonds. 2. A Federal permit is not required to (a) With respect to cost-type pro­enter the public hunting area. Basic policy. Fidelity bonds shall not curement generally, contracting officers 3. The provisions of this special regu­ be required in connection with fixed- shall require contractors to employ lation are effective to September 6,1965. price contracts. Under cost-type con­ private financing with or without as­ tracts, as a general rule, fidelity bonds signment of contract payments (FPR H arry A. G oodwin, should not be recommended by contract­ 1-30.7). Periodic interim reimburse­ Acting Regional Director, Bu­ ing officers for approval even though ment on account of incurred cost and reau of Sport Fisheries and under the terms of a particular contract payment of fixed fee (if any) will nor­ Wildlife. mally be made, reducing the amount of or subcontract losses normally covered J u ly 1, 1965. by such bonds might fall upon the Gov­ necessary financing for working capital ernment. (AECPR 9-7.5006-25). In some in­ [FJR. Doc. 65-7199; Filed, July 8, 1965; stances, where no other means of ade­ 8:47 a.m.] § 9-10.350 EDeleted] quate financing is available on reason­ Section 9-10.350 Policy, is deleted and able terms, the AEC may approve (in reserved. order of preference) a guaranteed loan PART 32— HUNTING Section 9-10.351 Contract article, is or an advance payment for performance amended to read as follows: of the contract. Hart Mountain National Antelope Refuge, Oreg. § 9—10.351 Contract article. ***** (Sec. 161, Atomic Energy Act of 1954, as The following special regulation is The contract article pertaining to in­ amended, 68 Stat. 948, 42 U.S.C. 2201; sec. surance is set forth in AECPR 9-7.5006- issued and is effective on date of pub­ 205, Federal Property and Administrative lication in the F ederal R egister. 51. Services Act of 1949, as amended, 63 Stat. (Sec. 161, Atomic Energy Act of 1954, as 390, 40 U.S.C. 486) § 32.32 Special regulations; big game for individual wildlife refuge areas. amended, 68 Stat. 948, 42 U.S.C. 2201; sec. Effective date. These amendments are 205, Federal Property and Administrative F ederal O regon Services Act of 1949, as amended, 63 Stat. 390, effective upon publication in the 40 U.S.C. 486) R egister. HART MOUNTAIN NATIONAL ANTELOPE REFUGE Effective date. These amendments are Dated at Germantown, Md., this 30th Public hunting of big game on the effective upon publication, in the F ederal day of June 1965. Hart Mountain National Antelope Ref­ R egister. For the U.S. Atomic Energy Com­ uge, Oreg., is permitted only on the area designated by signs as open to hunting. Dated at Germantown, Md., this 30th mission. J oseph L. S m ith , This open area, comprising 151,000 acres, day of June 1965. Director, is delineated on a map available at the For the U.S. Atomic Energy Commis­ Division of Contracts. refuge headquarters and from the Re­ gional Director, Bureau of Sport Fish­ sion. IFJL Doc. 65-7191; Filed, July 8, 1965; J oseph L. S m ith, 8:47 a.m.] eries and Wildlife, 1002 NE. Holladay, Director, Portland, Oreg. Division of Contracts. Hunting of big game is permitted m [F.R. Doc. 65-7190; FUed, July 8, 1965; accordance with all applicable State reg­ 8:47 am .] Title 50— WILDLIFE AND ulations, subject to the following special conditions: FISHERIES (a) Species permitted to be taken: PART 9-30— CONTRACT Chapter I-—Bureau of Sport Fisheries Deer, bighorn sheep. FINANCING (b) Open season: and Wildlife, Fish and Wildlife Deer : Archery season—September 25 Subpart 9-30.2— Basic Policies Service, Department of the Interior through October 3, 1965. M iscellaneous Amendments PART 32— HUNTING Bighorn sheep: Firearm season—Sep­ tember 11 and 12, September 18 and 19, Section 9-30.000 Scope of part, para­ Clear Lake National Wildlife Refuge, 1965. graphs (a) and (b) are amended to read Calif. (c) Other provisions: as follows: The following special regulation is 1. The provisions of this special regu* § 9—30.000 Scope of part. Issued and is effective on date of publica­ Iation supplement the regulations which tion in the F ederal R egister. govern hunting on wildlife refuge areas (a) This part implements and sup­ generally which are set forth in Title 50, plements FPR 1-30 for use in the place­ § 32.32 Special regulations; big game; Code of Federal Regulations, Part 32. ment and administration of contracts for individual wildlife refuge areas. for the procurement of materials and 2. Camping permitted in designated services by or for the account of AEC. California areas only. . , CLEAR LAKE NATIONAL W ILDLIFE REFUGE 3. A Federal permit is not required to (b) This part does not apply to AEC enter the public hunting area. prime integrated cost-type contractors Public hunting of big game on the 4. The provisions of this special reg who are financed through special ar­ Clear Lake National Wildlife Refuge, Iation are effective to October 4, 1965. rangements. Calif., Js permitted only on the area designated by signs as open to hunting, H arry A. G oodwin, The following section is added: and is delineated on a map available at Acting Regional Director, Bu­ § 9-30.000-50 Policy, cost-type con­ the refuge headquarters, Tulelake, Calif., reau of Sport Fisheries ana tractor procurement. and from the Regional Director, Bureau Wildlife. of Sport Fisheries and Wildlife, 1002 All of FPR 1-30 and this AECPR Part J uly 2, 1965. 9-30 constitute specific provisions which NE. Holladay, Portland, Oreg., 97208. Hunting of big game is permitted [FJR. Doc. 65-7200; Filed, July 8, 19®5: the contracting officer shall bring to the 8:47 am .] attention of Class A and Class B cost- during the period August 21 through Friday, July 9, 1965 FEDERAL REGISTER 8683 PART 32— HUNTING 7. The provisions of this special Regu­ Tule Lake National Wildlife Refuge. lation are effective to September 28,1965. * * * * * Malheur National Wildlife Refuge, H arry A. Goodwin, S tanley A. Cain, Oreg. Acting Regional Director, Bu­ Assistant Secretary of the Interior. The following special regulation is reau of Sport Fisheries and J uly 2, 1965. Issued and is effective on date of pub­ Wildlife. [F.R. Doc. 65-7204; Filed, July 8, 1965; lication in th e F ederal R egister. J uly 1, 1965. 8:47 a.m.] § 32.32 Special regulations; big game [F.R. Doc. 65—7201; Filed, July 8, 1965; for individual wildlife refuge areas. 8:47 a.m.] PART 33— SPORT FISHING Oregon MALHEUR NATIONAL W ILDLIFE REFUGE Brigantine National Wildlife Refuge, PART 33— SPORT FISHING N.J. Public hunting of big game on the Malheur National Wildlife Refuge, Oreg., Tuie Lake National Wildlife Refuge, The following special regulation is is­ is permitted only on the area designated Calif. sued and is effective on date of publica­ by signs as open to hunting. This open tion in the F ederal R egister. area, comprising 19,700 acres, is deline­ Pursuant to the authority vested in ated on a map available at the refuge the Secretary of the Interior by the § 33.5 Special regulations; sport fish­ Migratory Bird Conservation Act of Feb­ ing; for individual wildlife refuge headquarters and from the Regional Di­ areas. rector, Bureau of Sport Fisheries and ruary 18, 1929, as amended (45 1 Stat. Wildlife, 1002 NE. Holladay, Portland, 1222; 16 U.S.C. 715), the Migratory Bird New Jersey Oreg. Hunting Stamp Act of 1934, as amended Hunting of big game is permitted in (48 Stat. 451; 16 U.S.C. 718d), and the BRIGANTINE NATIONAL WILDLIFE REFUGE accordance with all applicable State reg­ Fish and Wildlife Coordination Act, as amended (48 Stat. 401; 16 U.S.C. 661), Sport fishing in tidal waters from the ulations, subject to the following special shore and access thereto by walking is conditions: 50 CFR 33.4 is amended by the addition of Tuie Lake National Wildlife Refuge, permitted on Holgate Peninsula and (a) Species permitted to be taken: Little Beach Island on the Brigantine Deer. Calif., to. the list of wildlife refuges open to public fishing. National Wildlife Refuge, N.J., from (b) Open season: September 25, 26 July 1, 1965, through December 31, 1965, and 27,1965. It has been determined that public fishing may be permitted on the Tuie except in those areas posted as closed. (c) Weapons: Bow and arrow only The open areas, comprising 60 acres, are may be used. Lake National Wildlife Refuge without detriment to the objectives for which the delineated on a map available at refuge (d) Other provisions: area was established. headquarters and from the Regional Di­ 1. The provisions of this special regu­ rector, Bureau of Sport Fisheries and lation supplement the regulations which Notice and public procedure on this amendment are deemed contrary to the Wildlife, U.S. Post Office and Courthouse, govern hunting on wildlife refuge areas Boston, Mass., 02109. Sport fishing generally which are set forth in Title 50, public interest because of the proximity of the frogging season in the State of shall be in accordance with all applica­ Code of Federal Regulations,' Part 32. ble State regulations. 2. No fires allowed except at desig­ California. Since the amendment bene­ fits the public by relieving existing fish­ The provisions of this special regula­ nated campgrounds. tion supplement the regulations which 3. No smoking allowed except at des­ ing restrictions on the Tuie Lake Na­ tional Wildlife Refuge, it shall become govern fishing on wildlife refuge areas ignated campgrounds. generally which are set forth in Title 50, 4. Camping permitted at designated effective upon publication in the F ederal R egister. Code of Federal Regulations, Part 33, and campgrounds only. are effective through December 31, 1965. 5. Travel by any method other than Section 33.4 is amended by the addi­ on foot prohibited except on designated tion of the following area as one where E. E. Crawford, roads. sport fishing is authorized: Acting Regional Director, Bu­ reau of Sport Fisheries and 6. A Federal permit is not required to § 33.4 List of open areas ; sport fishing. enter the public hunting area, but hunt­ Wildlife. * * * * * ers must report at such checking stations J uly 2,1965. as may be established when entering or California leaving the area. [FJ3. Doc. 65-7195; Filed, July 8, 1965; 8:47 am .] No. 131- 4 . Sec. 5. Production area. producer listing the number of crates to DEPARTMENT OF AGRICULTURE be handled on his behalf by a specific “Production area” means all territory handler or handlers. Consumer and Marketing Service in the State of Florida. Florida Celery Committee [ 7 CFR Ch. IX ] . Sec. 6. Producer. Sec. 25. Establishment and membership. [Docket No. ÀO-354] “Producer” -or “grower” means any person engaged in a proprietary capacity A Florida Celery Committee consisting CELERY GROWN IN FLORIDA in the production of celery. of 15 members, each of whom shall have an alternate, is hereby established to Notice of Hearing With Respect to Sec. 7. Handler. administer the terms and provisions of Proposed Marketing Agreement “Handler” means any person (except this part. and Order a common or contract carrier of celery owned by another person) who handles Sec. 26. Eligibility. Pursuant to the Agricultural Market­ celery. Each member and alternate of the ing Agreement Act of 1937, as amended Committee shall be, at the time of his (48 S ta i 31, as amended; 7 U.S.C. 601- Sec. 8. Handle. -Jr* selection and during his term of office, 674), and in accordance with the appli­ “Handle” means to purchase harvested a producer, or an employee of a pro­ cable rules of practice and procedure or packaged celery from a producer or ducer, a handler, or an employee of a governing proceedings to formulate mar- to harvest, package, sell or transport handler, in the group for which selected. këting agreements and marketing orders celery on behalf of such producer, within Sec. 27. Nominations. (7 CFR Part 900), notice is hereby given the production area, or between the pro­ duction area and any point outside Growers in each of the Groups desig­ of a public hearing to be held in the nated in paragraph (d) of this section Auditorium, Florida Fruit and Vegetable thereof. shall nominate persons for each member Association, 4401 East Colonial Drive, See. 9. Marketing year, fiscal year or and alternate position in their respective Orlando, Fla., beginning at 10 am., season. local time, July 28, 1965, with respect to Groups, as outlined in such paragraph. a proposed marketing agreement and or­ “Marketing year,” “fiscal year” or Nominations shall be certified to by the der regulating the handling of celery “season” means the 12 months from Committee and submitted to the Secre­ grown in Florida. The proposed mar­ August 1 to the following July 31 in­ tary by July 1 of each year, together clusive, or such other period which the with information deemed by the Com­ keting agreement and order have not re­ mittee to be pertinent or requested by ceived the approval of the Secretary of Committee, with the approval of the Secretary, may establish. the Secretary. If nominations for posi­ Agriculture. tions are not made in the specified man­ The public hearing is for the purpose Sec. 10. Committee. ner by July 1, the Secretary may select of receiving evidence with respect to the “Committee” means the Florida Celery the representative for such positions economic and marketing conditions without nomination. Nominations shall which relate to the provisions of the pro­ Committee established pursuant to sec­ tion 25. be made in the following manner: posed marketing agreement and order, (a) A meeting of producers shall be hereinafter set forth, and to any appro­ Sec. 11. Crate. held in the production area to nomi­ priate modifications thereof. “Crate” means celery crate No. 3601 nate members and alternates to the The proposed marketing agreement or its equivalent. Committee. For nominations to the ini­ and order, the provisions of which are tial membership of the Committee, the as follows, was submitted with a request Sec. 12. Base quantity. meeting may be sponsored by the Secre­ for a hearing thereon by the Florida “Base quantity” means the number of tary, of any agency or group requested Fresh Produce Exchange (the sections crates of celery determined by the Com­ to do so by the Secretary. identified with asterisks (***) apply only mittee pursuant to section 36 for a (b) For nominations for succeeding to the proposed marketing agreement producer. members and alternates to the Commit­ and not to the proposed order) : tee, the current Committee shall hold Sec. 13. Marketable quantity. Definitions such meeting or cause it to be held prior “Marketable quantity” means the total to July 1 of each year after the effective Section 1, Secretary. amount of celery which should be han­ date of this Marketing Order. “Secretary” means the Secretary of dled in a current season. (c) At each such meeting, the volume Agriculture of the United States, or any Sec. 14. Marketable allotment. of celery handled for each celery pro­ officer or employee of the Department to ducer, as well as the number of crates whom authority has heretofore been “Marketable allotment” means with each handler handled during the pre­ delegated, or to whom authority may respect to each producer the amount of vious or current season, whichever is hereafter be delegated, to act in his celery which may be purchased from, or applicable, shall be recorded. stead. handled on behalf of, such producer. (d) Five groups shall be established Sec. 15. Uniform percentage. for making nominations from which Sec. 2. Act. Committee selections shall be made, as “Act” means Public Act No. 10, 73d “Uniform percentage” means the per­ follows: Congress as amended and as reenacted centage for any given season resulting Group 1—South Florida District. Martin, and amended by the Agricultural Mar­ from dividing the Marketable Quantity Dade, Broward, Collier, Monroe, Lee, Char­ keting Agreement Act of 1937, as amend­ by the Base Quantities. lotte, St. Lucie, Okeechobee, Highlands, In­ ed (Sec. 1-19, as amended; 7 U.S.C. Sec. 16. Annual certificate. dian River, Glades, Hendry, and Palm Beach 601-674). ‘ counties^—five (5) members and their alter­ “Annual certificate” means the cer­ nates. Sec. 3. Person. tificate prepared and issued by the Group 2—Central Florida District. Orange, “Person” means an individual, part­ Committee denoting for the current Seminole, Lake, Polk, Osceola, Brevard, and season the results of the application of Volusia counties—three (3) members an nership, corporation, association, or any their alternates. other business unit. the Uniform Percentage to the Base Quantity of a producer. Group 3—West Coast-North Florida Dis­ Sec. 4. Celery. trict. All the counties not embraced n Sec. 17. Handler certification form. Groups 1 and 2—two (2) members and their “Celery” means all varieties and types of Celery, apium graveolens, grown in the “Handler certification form” means Group 4. The producer or producers whose production area. the form prepared and certified to by a celery was handled by the handler who han- 8684 Friday, July 9, 1965 FEDERAL REGISTER 8685 died in the previous or current season, which­ enable said Committee to perform prop­ necessarily incurred by them in attend­ ever is applicable, the second largest volume erly such of its duties as are authorized ing Committee and subcommittee meet­ of celery—two (2) members and their bylaw; ings and in the performance of their alternates. (c) To keep minutes, books, and rec­ duties under this part. Group 5. The producer or producers ords which will reflect all the acts and whose celery was handled by the handler who V olume Lim itations handled in the previous or current season, transactions of the Committee and which whichever is applicable, the largest volume shall be subject to examination by the Sec. 35. Marketing policy. of celery—three (3) members and their Secretary; (a) As soon as practical, but no later alternates. (d) To prepare periodic statements of than June 15 of each year, the current (e) Each producer is entitled to castthe financial operations of the Commit­ Committee shall meet and adopt a mar­ only one vote for each nominee in the tee and to make copies of each such keting policy for the ensuing marketing Group wherein the producer has pro­ statement available to producers and season. At each such meeting the Com­ duced celery for market in the previous handlers for examination at the offices of mittee shall consider the probable acre­ or current season, whichever is applica­ the Committee; age, the production of celery within the ble, save and except where a producer has (e) To cause the books of the Com­ production area, as well as competing so produced in more than one Group, mittee to be audited by a certified public areas, the quantity of celery which should he shall be entitled to elect the Group accountant at least once each marketing be made available for market during the in which he shall vote, but can vote for year and at such other times as the Com­ ensuing season to meet market require­ nominees in only one Group: Provided, mittee may deem necessary, or as the ments and establish orderly marketing however, Any producer in Group 4 or Secretary may request; to submit two conditions. On the basis of these con­ Group 5 shall not be entitled to vote for copies of each such audit report to the siderations, the Committee may recom­ nominees in any other Group. Secretary, and to make available a copy mend to the Secretary a Marketable which does not contain confidential data Quantity for the ensuing season. Sec. 28. Alternate members. for inspection at the offices of the "Com­ (b) Prior to November 1 of each year, An alternate for a member shall act in mittee by producers and handlers; the current Committee shall review the the place of such member (a) in his (f) To act as intermediary between Marketing Policy and as changes are absence, or (b) in the event of his death, the Secretary and any producer or indicated, the Committee may recom­ removal, resignation, or disqualification, handler; mend appropriate revisions in the Mar­ until a successor for his unexpired term (g) To investigate and assemble data ketable Quantity. Notice of the initial has been selected and has qualified. on the growing, handling, and marketing Marketing Policy for a marketing season conditions with respect to celery; Sec. 29. Procedure. and any later changes shall be submitted (h) To submit to the Secretary such promptly to the Secretary and all pro­ (a) At an assembled meeting all votes available information as he may request ducers and handlers. shall be cast in person and twelve (12) or the Committee may deem desirable (c) For the season in which this Mar­ members (including alternates acting and pertinent; keting Order becomes effective, the for absent members) of the Committee (i) To notify producers and handlers Marketing Policy shall be adopted and shall constitute a quorum. Decision of of all meetings of the Committee to con­ the Marketable Quantity may be recom­ the Committee shall require the con­ sider recommendations for regulations mended for the current season as soon curring vote of at least 75 percent of the and of all regulatory actions taken affect­ as practical after the organization of the members and alternates for absent mem­ ing producers and handlers; Committee. bers present. (j) To give the Secretary the same (b) If both a member and his alter­ notice of meetings of the Committee and Sec. 36. Marketable quantity. nate are unable to attend a Committee its subcommittees as is given to its mem­ (a) Establishment of base quantities. meeting, the Committee may designate bers; and (1) Upon the request of the Committee, any other alternate present from the (k) To investigate compliance and use after the effective date of this Market­ same group to serve in the place of the means available to prevent violations of ing Order, each producer of celery within member. the provisions of this part. the production area shall register with (c) The Committee may provide for the Committee and furnish to it a report meeting by telephone, telegraph, or any Sec. 32. Selection and term of office. of the number of crates of celery sold other means of communication. All (a) Selection. The Committee shall by him pr on his behalf, broken down by votes shall be recorded in the minutes of be selected by the Secretary from nom­ crates, handlers and seasons for the each meeting so as to reflect how each inees submitted by the Committee, or seven (7) seasons, 1958-59 through 1964- member or alternate voted. from among other eligible persons. Each 65. Sec. 30. Powers. person so selected shall qualify by filing (2) A Base Quantity for each producer a written acceptance with the Secretary shall be determined by selecting the The Committee shall have the follow- prior to assuming the duties of the posi­ greatest number of crates of celery sold Jng powers: tion. by him or on his behalf during one of ^ r*'0 a^m*nister this subpart in ac- (b) Term of office. The term of office the four seasons, 1961-62 through 1964- co^ ance with its terms and provisions; of each Committee member and alter­ 65, or the average of the greatest number pff + * make rules and regulations to nate shall be for a period of 1 year be­ of crates of celery sold by him and on enectuate the terms and provisions of ginning August 1 and ending the follow­ his behalf during any two seasons of this subpart; ing July 31. Committee members and the seven seasons, 1958-59 through 1964- , £o receive, investigate, and report alternates shall serve for the term of 65, whichever is higher. A Base Quantity to the Secretary complaints of violations office for which they are selected and shall be issued by the Committee denot­ or this part; have qualified and until their respective ing this amount. Qrvid) T° recommend to the Secretary successors are selected and have quali­ (3) The Committee may establish, amendments to this subpart. fied. with the approval of the Secretary, rules Sec. 31. Duties. Sec. 33. Vacancy. pertaining to producers who wish to ob­ tain, retain, or transfer Base Quantities otw! £°T?ittee ^all have, amc Any vacancy occasioned by the death, others, the following duties: or Marketable Allotments. Such rules removal, resignation, or disqualification may require producers to file reports anniu ° se,lect from among its memb of any Committee member or alternate and information with respect thereto, m u ffrernaies such officers and subco shall be recognized by the Committee by including but not limited to quantities law??™ +£d to adopt such rules or 1 certifying to the Secretary a successor for marketed in the representative period, it flosm1 ooH^uct of its meetings, the unexpired term unless a selection is « deems necessary; their qualifications as producers, as well deemed unnecessary by the Secretary. as particulars on the sale and handling inclnrtin« emp]oy necessary personi Sec. 34. Expenses. of celery as a result of any Base Quan­ se5S?g fwr°iuS?ional and techni tities or Marketable Allotments that may terms of ^ e ir compensation a Members and alternates of the Com­ be issued to them.- employment, and to incur sv mittee shall serve without compensation, Penses as are necessary and proper (4) Each marketing season the Com­ but may be reimbursed for expenses mittee, with approval of the Secretary, 8686 PROPOSED RULE MAKING may set aside a reserve percentage of the able Allotment for each ensuing season, nance and functioning of the Committee total Base Quantities. Persons who re­ as well as the number of crates each may be required during periods when no quest an increase in their established such handler will handle for him. regulations are in effect. Base Quantities or who would have no (d) If the Committee recommends Sec. 42. Accounting. Base Quantity may apply for Base and the Secretary approves, that no sea­ Quantities held in the reserve percent­ son’s Marketable Quantity be established, (a) At the end of a fiscal year, funds age. The Committee may recommend the Marketable Allotment of each pro­ in excess of such year’s expenses may be rules for establishing such reserve and ducer shall be unlimited. placed in an operating reserve not to for procedures whereby persons may (e) The Base Quantities of all pro­ exceed approximately one marketing apply for Base Quantities thereunder. ducers whose Base Quantities are 37,500 year’s operational expenses or such lower Such rides shall be subject to approval crates or less shall be eliminated from limits as the Committee, with the ap­ by the Secretary. Rules may provide both the Marketable Quantity and total proval of the Secretary, may establish. for open informal hearings by the Com­ Base Quantities when the Uniform Per­ Funds in such reserve shall be available mittee on applicants’ requests and may centage is calculated in section 36(c). for use by the Committee for expenses establish guides or standards for equi­ The Uniform Percentage for such pro­ authorized pursuant to section 40. table and thorough consideration of ducers will always be 100 percent except Funds in excess of those necessary to pay pertinent factors relating to each case, when the Uniform Percentage calculated reasonable expenses and those placed in including but hot limited to past produc­ in section 36(c) exceeds 100 percent, in the operating reserve shall be refunded tion of celery by applicant, acreage which event the higher percent shall be pro rata to handlers from whom such used. funds were collected. planted, average yields, the production (b) Any money collected as assess­ capacity of the farm or land the appli­ Sec. 38. Transfers. cant expects to use, land, labor, and ments hereunder and remaining unex­ equipment available to applicant for (a) Any producer with a Base Quan­ pended in the possession of the Com­ celery production, economic and market­ tity may request, on forms furnished by mittee or succeeding trustees after ter­ ing factors, and other factors deemed the Committee, a transfer of all or a mination of this part shall be distributed pertinent by the Committee. portion of his Base Quantity for a spec­ in such manner as the Secretary may di­ (5) Each person filing an applicationified period of time, provided that the rect, provided that to the extent practi­ hereunder for adjustment in or a new approval of the Committee to the trans­ cal, such funds shall be returned pro Base Quantity shall be notified by the fer is obtained. rata to the persons from whom such Committee of its determination thereon. (b) Any producer with a Marketable funds were collected. Such determination and considerations Allotment may request, on forms fur­ Reports and Records appertaining thereto, shall be subject to nished by the Committee, a transfer of review by the Secretary. If a Base all or a-portion of his Marketable Allot­ Sec. 45. Reports. Quantity is issued to an applicant here­ ment during a current season, provided Upon request of the Committee, with under, the requirements of section 37(C) that the approval of the Committee to the approval of the Secretary, each han­ shall then apply. the transfer is obtained. dler shall furnish to the Committe such (b) Action of the Secretary. When­ (c) Producers must revise their cur­ information as may be necessary to ever the Committee recommends and the rent Handler Certification Forms to indi­ enable it to exercise its powers and per­ Secretary finds on the basis of the cate that a different amount will be han­ form its duties under this part. dled by a handler or handlers due to any recommendation of the Committee or Sec. 46. Records. other information, that limiting the transfer authorized in paragraph (b) of quantity of celery available for handling tifis section. The Committee, upon re­ Each handler shall maintain, as well during a marketing season, or revising a ceipt of such notification, shall advise as furnish upon request, such records Marketable Quantity previously estab­ the handler or handlers involved of the pertaining to celery handled by him as lished, would tend to effectuate the de­ adjustments in the amount they may will substantiate the required reports clared policy of the Act, he shall estab­ handle for the current season, based and such others as may be prescribed lish the total Marketable Quantity which upon the number of crates involved in by the Committee. All such records shall handlers may handle as first handlers for the transfer, as well as issue revised An­ be maintained for not less than one year such season, or revise a previously es­ nual Certificates to the producers after the termination of the marketing tablished Marketable Quantity. involved. season to which such records relate. (e) Uniform percentage. When the Expenses and Assessments Sec. 47. Verification of reports and rec­ Secretary establishes a season’s Market­ Sec. 40. Expenses. ords. able Quantity, a percentage shall be de­ For the purpose of assuring compliance termined by dividing the amount fixed as The Committee may incur such ex­ with record keeping requirements and the season’s Marketable Quantity by the penses as the Secretary finds reasonable verifying reports and records filed by Base Quantities of producers. The re­ and likely to be incurred by it during producers and handlers, the Secretary sult shall be the Uniform Percentage for each fiscal year for its maintenance and and the Committee, through its duly any given season unless changed by a functioning, and for such other purposes authorized employees, shall have access revised Marketable Quantity. as the Secretary determines appropriate under this part. To assist the Secretary, to any premises where applicable records Sec. 37. Marketable allotments. are maintained, where celery is handled, the Committee shall submit a budget of and at any time during reasonable busi­ (a) The Marketable Allotment for expenses and prospective revenue to him ness hours shall be permitted to inspect each producer shall be established by the for each season, with explanations there­ such handler premises and any and all Committee by multiplying his Base for, and recommendations as to the rate records of such handlers with respect to Quantity by the appropriate Uniform of assessment for such fiscal year. matters within the purview of this part. Percentage. The resulting amount shall Sec. 41. Assessments and requirements be his Marketable Allotment for a sea­ for payment. Sec. 48. Confidential information. son or portion thereof , as specified by the All reports and records furnished or Committee. Each first handler shall pay to the submitted by handlers to, or obtained oy (b) No handler may first handle any Committee upon demand, his pro rata the employees of the Committee wnic celery unless (1> it is within the Market­ share of the expenses authorized by the contain data or information constituting able Allotment of a producer, and (2) the Secretary for each marketing year. Each handler’s pro rata share shall be a trade secret or disclosing the tra producer of such celery authorized such position, financial condition, or , ^ l11® first handler to purchase it or handle the rate of assessment per unit fixed by operations of the particular handler fro it on his behalf. the Secretary times the total assessable whom received, shall be treated as cor '(c)- After the issuance , of a Market­ units of celery which he handles. At any time during or after a marketing year, fidential and the reports and all_u^0!'' able Allotment to a producer, the pro­ mation obtained from records shall ducer shall, in turn, notify the Commit­ the Secretary may increase the rate of tee, on forms furnished by the Commit­ assessment as necessary to cover au­ all times be kept in the custody tee, the handler or handlers who will thorized expenses.- The payment of ex­ under the control of one or more e handle all or a portion of his Market- penses and assessments for the mainte­ ployees of the Committee who shal Friday, July 9, 1965 FEDERAL REGISTER 8687

close such information to no person other members of the Committee shall con­ Sec. 60. Separability. than the Secretary. tinue as joint trustees, for the purpose of liquidating the affairs of the same If any provision of this part is declared M iscellaneous P rovisions Committee, of all the funds and prop­ invalid or the applicability thereof to Sec. 50. Compliance. any person, circumstance, or thing is erty then in possession of, or under con­ held invalid, the validity of the remain­ No person may handle celery except trol of such Committee, including claims der of this part or the applicability there­ in conformity with the provisions of this for any funds unpaid or property not of to any other person, circumstance, or part. delivered at the time of such termination. (b) The said trustees (1) shall con­ thing shalL not be affected thereby. Sec. 51. Right of the Secretary. tinue in such capacity until discharged Sec. 61. Counterparts. The members and alternates of the by the Secretary; (2) shall, from time to This agreement may be executed in Committee and any agents, employees time, account for all receipts and dis­ multiple counterparts and when one or representatives thereof, shall be sub­ bursements, or deliver all property on counterpart is signed by the Secretary, ject to removal or suspension by the Sec­ hand, together with all books and records all such counterparts shall constitute, retary at any time. Each and every reg­ of the Committee and of the joint trus­ when taken together, one and the same ulation, decision, determination or other tees, to such person as the Secretary may instrument as if all signatures were con­ act of the Committee shall be subject to direct; and (3) shall, upon the request tained in one original. * * * the continuing right of the Secretary to of the Secretary, execute such assign­ disapprove of the same at any time. ments or other instruments necessary Sec. 62. Additional parties. Upon such disapproval, the disapproved and appropriate to vest in such person After the effective date hereof, any action of the Committee shall be deemed full title and right to all of the funds, handler may become a party to this null and void, except as to acts done in property, and claims vested in the Com­ agreement if a counterpart is executed reliance thereon or in compliance there­ mittee, or the joint trustees pursuant to by him and delivered to the Secretary. with prior to such disapproval by the this part. This agreement shall take effect as to Secretary. (c) Any funds collected pursuant to such new contracting party at the time section 41 over and above the amounts Sec. 52. Derogation. such counterpart is delivered to the Sec­ necessary to meet outstanding obliga­ retary, and the benefits, privileges, and Nothing contained in this part is, or tions and expenses necessarily incurred immunities conferred by this agreement shall be construed to be in derogation or during the operation of this part and shall than be effective as to such new in modification of the rights of the Sec­ during the liquidation period, shall be re­ contracting party. * * * retary, or of the United States (a) to turned to handlers as soon as practicable exercise any powers granted by the Act after the termination of this part. The Sec. 63. Order with marketing agree­ or otherwise, or (b) in accordance with refund to each handler shall be repre­ ment. such powers, to act in the premises when­ sented by the excess of the amount paid Each signatory handler hereby re­ ever such action is deemed advisable. by him over and above his pro rata share quests the Secretary to issue, pursuant Sec. 53. Agents. of the expenses. to the act, an order providing for regu­ (d) Any person to whom funds, or lating the handling of celery in the same The Secretary may by designation in claims have been transferred or delivered manner as is provided for in this writing, name any person, including any by the Committee, or its members, pur­ agreement. * * * officer or employee of the Government, suant to this section, shall be subject to or name any agency or division in the the same obligations imposed upon the Copies of this notice of hearing may United States Department of Agricul­ members of said Committee and upon be obtained from Minard P. Miller, Fruit ture, to act as his agent or representa­ the said joint trustees. and Vegetable Division, Consumer Mar­ tive in connection with any of the pro­ keting Service, U.S. Department of Agri­ visions of this part. Sec. 57. Effect of termination or amend­ culture, Florida Citrus Mutual Building, ments. Lakeland, Fla., 33802. Sec. 54. Effective time. Unless otherwise expressly provided by Dated: July 2,1965. ? The provisions of this part shall be­ the Secretary, the termination of this come effective at such times as the Sec­ part or of any regulation issued pur­ Clarence H . G irard, retary may declare above his signature suant to this part, or „the issuance of any Deputy Administrator, to this part, and shall continue in force amendment to either thereof, shall not Regulatory Programs until terminated in one of the ways speci­ (a) affect or waive any right, duty, obli­ [F.R. Doc. 65-7197; Filed, July 8, 1965; fied in section 55. gation, or liability which shall have arisen 8:47 a.m.] Sec. 55. Termination. or which may thereafter arise in connec­ tion with any provision of this part or (a) The Secretary may at any tirm any regulation issued hereunder, or (b) terminate the provisions of this part b; release or extinguish any violation of this FEDERAL AVIATION AGENCY giving at least one day’s notice by mean part or any regulation issued hereunder, u Pre^s release or in any other manne: or (c) affect or impair any rights or [14 CFR Part 39 1 which he may determine. remedies of the Secretary or any other [Docket No. 6760] (b) The Secretary shall terminate thi person with respect to any such viola­ provisions of this part at the end of an1 tion. AIRWORTHINESS DIRECTIVES fiscal year whenever he finds that sue! Fairchild Model. F—27 Series Aircraft termination is favored by a majority o: Sec. 58. Personal liability. producers Who, during the preceding No member or alternate of the Com­ Amendment 598, 28 F.R. 7970, AD fiscal year, have been engaged in th< mittee, nor any employee or agent there­ 63-16-3, requires special structural in­ Production of celery for market:: Pro- of, shall be held personally responsible, spections and repair if cracks are found viaed, That such majority have, during either individually or jointly with others, on Fairchild Model F-27 Series aircraft. such period produced for market mor< in any way whatsoever, to any handler, As a result of additional Cracks occur­ than 50 percent of the volume of sucl or to any other person for errors in ring in the wing area it is proposed to celery produced for market, but sucl judgment, mistakes, or other acts, either supersede Amendment 598 with a new ermination shall be effective »only iJ of commission or omission as such mem­ directive to incorporate additional in­ announced on or before August 1 o1 ber, alternate or employee, except for spection procedures to detect possible tne then current fiscal year. acts of dishonesty. progression of original cracks and detec­ (c) The provisions of this part shall tion of hew cracks in the areas adjacent m any event, terminate whenever th< Sec. 59. Duration of immunities. to repair plate installations, P onsions of the Act authorizing il The benefits, privileges and immuni­ Interested persons are invited to par­ cease to be in effect. ties conferred upon any person by vir­ ticipate in the making of the proposed ec. 56. Proceedings after termination, tue of this part shall cease upon its ter­ rule by submitting such written data, mination, except with respect to acts views, or arguments as they may desire. ^ u 5°fi the termination of the pro- done under and during the existence of Communications should identify the ons of this part, the then functioning this part. docket number and be submitted in du- 8688 PROPOSED RULE MAKING plicate to the Federal Aviation Agency, [ 14 CFR Part 39 1 (b) Grease each propeller bearing within the next 10O hours’ time in service after the Office of the General Counsel, Attention: [Docket No. 6759] effective date of this AD and thereafter ut Rules Docket, 800 Independence Avenue intervals not to exceed 100 hours’ time in SW., Washington, D.C., 20553. All com­ AIRWORTHINESS DIRECTIVES service from the last greasing in accordance munications received on or before Au­ with Hartzell Service Bulletin No. 82, dated gust 9, 1965, will be considered by the Hartzell Models HC-12X20-7 and -8 AprU 27, 1962, revised June 2, 1965, or later Administrator before taking action upon Propellers FAA-approved revision. the proposed rule. The proposals con­ The Federal Aviation Agency is con­ Issued in Washington, D.C., on July l, tained in this notice may be changed in sidering amending Part 39 of the Federal 1965. the light of comments received. All Aviation Regulations by adding ar. air­ C. W. Walker, comments will be available, both before worthiness directive applicable to Hart­ Acting Director, and after the closing date for comments, zell Models HC-12X20-7 and -8 Propel­ Flight Standards Service. in the Rules Docket for examination by lers. There have been failures of the [F.R. Doc. 65-7175; Filed, July 8, 1965; interested persons. A-38 bearings on these propellers. Since 8:46 a.m.] This amendment is proposed under the this condition is likely to exist or de­ authority of sections 313(a), 601, and velop in other propellers of the same type 603 of the Federal Aviation Act of 1958 design, the proposed -AD would require I 14 CFR Part 391 (49 U.S.C. 1354(a), 1421, and 1423). inspection, replacement as necessary, [Docket No. 6758] In consideration of the foregoing, it is and repetitive lubrication of the A-38 proposed to amend § 39.13 of Part 39 of bearings on the subject propellers. AIRWORTHINESS DIRECTIVES the Federal Aviation Regulations by Interested persons are invited to par­ adding the following airworthiness direc­ ticipate in the making of the proposed Vickers Viscount Models 744, 745D, tive: rule by submitting such written data, and 810 Series Aircraft F airchild. Applies to Model F-27 Series views, or arguments as they may desire. The Federal Aviation Agency is con­ aircraft. Communications should identify the sidering amending Part 39 of the Federal Compliance required as indicated. docket number and be submitted in du­ Aviation Regulations by completely revis­ ). Of dispensable to the achievement of a na­ of Chicago and the Assistant Superin­ tne total 88 broadcasts, 52 were for ele­ tionwide fully competitive commercial tendent of the School System of the mentary grades and 14 of these were re- television service. We also indicated parochial schools of the Archdiocese of peats of programs broadcast earlier in that we would give careful consideration Chicago; a representative of the State week. Of the 36 secondary school to the probable future spectrum needs Superintendent of Public Instruction of for educational television. i. an 196Si the Commission granted •See "Order Extending Time for Filing «a applteatton for transfer of the licenses * Further notice of proposed rule making Comments” In Docket No. 14229 (FCC 63- rom Purdue University to MPATI. in Docket No. 14229 (FCC 63^975). 1165), Dec. 27, 1963. 8694 PROPOSED RULE MAKING the State of Illinois; a representative of 18. The Joint Council on Educational 22. Discussion. In our notice of pro­ the Junior Women’s Club of Irontown, Broadcasting (JCEB), also opposed posed rule making in this proceeding, we Ohio; the Superintendent of Schools of MPATI’s request. The JCEB is com­ discussed the possible impact of the Middletown, Ohio; and the principal of posed of the following eight national MPATI proposal on our UHF television the Oak Park Elementary School, Oak educational organizations: assignment plan and suggested that such Park, Mich., appeared at the oral argu­ The American Couhcil on Education. an operation might more properly be con­ ment to testify in favor of MPATI’s pro­ The American Association of School ducted in the Instructional Television posal. These arguments praised the Administrators. Fixed Service, a new class of educational high quality of the educational material Association of State Universities and Land television service in the 2500-2690 Mc/s offered by MPATI and its success in Grant Colleges. band which we had established in 1963 to developing instructional cooperation Council of Chief State School Officers. provide for multichannel TV instruction among its membership. They empha­ National Association of Educational of students assembled in classrooms. Broadcasters. The MPATI service is identical except sized that through MPATÏ, educational National Educational Association. television is made available to many Association for Higher Education. that the transmitters will be airborne. schools in the area which are not within The transmissions are directed to spe­ the service range of ground-based edu­ Although it filed no comments in this cific locations equipped with suitable re­ cational stations and that a multichan­ proceeding, the chairman of JCEB testi­ ceivers and the programs are not designed nel service is provided to the entire area fied at the oral argument, representing for reception by the general public on at a cost below which it could otherwise the views of seven of its members.® JCEB receivers located in individual homes. be secured. Another argument made was emphasized that it did not oppose MPATI Use of the 2500-2690 Mc/s band for the that not all of the potential UHF assign­ as such, but rather that seven of its MPATI in-sChool instructional services ments under the Commission plan will members opposed any regularization of would be entirely consistent with the goal be heeded in the next decade.4 channels for airborne television. It sup­ and policy of relieving pressure on the 16. The Association of Maximum Serv­ ported continuation of the airborne proj­ limited number of regular broadcast ice Telecasters, Inc. (MST) opposed any ect on an experimental basis using two channels. By avoiding this unnecessary allocation of UHF television channels for- UHF television channels® if the period use of educational broadcast channels, airborne television, mainly on the ground of experimentation did not extend be­ they are left available for the transmis­ yond 5 years and was subject to con­ sion of cultural and educational pro­ that there is lack of sufficient and reli­ tinuing evaluation by an appropriate grams designed for reception by the able technical data to permit formula­ educational body. Representatives of general public on receivers located in in­ tion of adequate engineering standards the American Association of School Ad­ dividual homes. for airborne television regarding such ministrators and the Council of Chief 23. Following is a discussion of a po­ matters as the mileage separations re­ State School Officers appeared at the tential operation by MPATI on six UHF quired to avoid destructive and degrad­ oral argument in support of this position. television channels as compared with a ing interference between and among 19. Both the National Educational As­ potential operation on six channels in airborne stations, and between airborne sociation and its Department of Audi­ this new service. This analysis is based Stations and ground stations. It is their ovisual Instruction praised MPATI’s on data submitted by engineers repre­ position that until suitable UHF propaga­ positive features. However, they" also senting MPATI and other parties to this tion curves and data concerning UHF opposed the regularization of channels proceeding and on analysis by Commis­ receiver performance are available, de­ for airborne educational television on sion engineers. cisions may not properly be made as to the principal grounds that such a pro­ 24. Interference Standards. If the the interference levels that can be tol­ gram lacks a broad community basis; Commission were to permit MPATI to use erated and the mileage separations nec­ that MPATI did not have wide participa­ six channels in the UHF television band, essary to guard against interference tion from the schools in the area; and it is obvious that the assignment table above such levels of tolerance. that its scheduling difficulties made the and engineering standards would need to 17. Several national educational or­ service impracticable. They also ques­ be revised to accommodate an airborne ganizations, as well, opposed the MPATI tioned whether MPATI could continue to system. MPATI proposed that, where an proposal. While the National Associa­ operate without financial help from airborne facility would be surrounded tion of Educational Broadcasters com­ foundations. with ground-based facilities, the follow­ mended MPATI for its contribution to 20. Various national organizations ing minimum mileage separation require­ the growth of educational television, par­ filed comments opposing MPATI’s pro­ ments be applied between the orbit refer­ ticularly with respect to interstate co­ posal. Among these were the American ence of the airborne facility and the operation in educational endeavors, and Telephone & Telegraph Co., the Central transmitter location of the ground-based praised its high-quality program service, Committee on Communications Facilities stations: it nevertheless opposed any regulariza­ of the American Petroleum Institute, the Miles . tion of airborne television channels, Cochannel separation (± 0 channel)__ 290 either in the UHF television band or in National Committee for Utilities Radio, Adjacent channel separation (± 1 the 2500-2690 Mc/s band. Although and the National Broadcasting Co., all channel) ___ _>______------200 NAEB’s main objection to MPATI’s pro­ of which objected to such use of chan­ IF. beat (±7, 8 channels)_____ 0 nels either in the 800-890 Mc/s band or Intermodulation (±2, 3, 4, 5 chan­ posal was its effect on the Table of in the 2500-2690 Mc/s band. nels) ______0 Assignments proposed by the Commis­ 21. Oppositions to the concept of air­ Local oscillator (± 7 channels) — — 0 sion in Docket No. 14229 and on the borne television instruction were ex­ Sound image (±14 channels)______0 assignment plan submitted by NAEB as Picture image (±15 channels)—— 0 an alternative to the Commission plan, pressed by the Eastern Educational Net­ it also contended that the proposal would work System; Community Television of 25. The minimum geographic separa­ have other adverse effects. NAEB Southern California; Edinboro State tion specified in our rules for ground- claimed that centralization of educa­ College, Edinboro, Pa.; the University of based TV stations operating on the same tional programming through such re­ New Hampshire; the University of Ver­ channel is 155 miles in the MPATI area. gional television transmission facilities mont; the Advisory Council on Educa­ The separation of 290 miles recommended tional Television of the Commonwealth by MPATI between the airborne trans­ as MPATI would endanger local control of Virginia, and the State Board of Edu­ mitters and ground-based UHF broad­ of the educational process and would cation of the State of Rhode Island. cast stations would provide approximate­ discourage development of local educa­ These comments opposed preemption of ly the same protection. This results in tional television outlets. NAEB con­ a portion of the UHF spectrum to accom­ cluded that its own proposal for a na­ a service radius of 40 miles for ground- tionwide table of ground-based television modate airborne television. based stations and 208 miles for air­ channels would provide the best and most borne stations if the ground-based sta­ 5 The National Education and Radio Center tions are operating at near maximum compréhensive means of serving the took no position in this proceeding. facilities (2,000 feet at 1 megawatt). urgent and developing needs of educa­ 6 At the oral argument, Dr. Ivey submitted 26. Ground-based UHF TV stations tional television. letters from the American Council on Educa­ tion and the Land Grant Association sup­ operating on channels adjacent to those * Comments of economic consultants, Ex­ porting MPATI’s use of 6 channels for used by MPATI, could not be located hibit No. 1 to MPATI comments. experimental purposes for 5 years. anywhere within the service range of the Friday, July 9, 1965 FEDERAL REGISTER 8695 MPATT stations. Therefore, we agree true with respect to receiver oscillator UHF channels by reducing power and with MPATI that at least a separation radiation so there would be no inter­ spacing, and is, of course, diametrically of 200 miles is required. Such a separa­ ference to the ground-based station. opposed to the MPATT proposition which tion would limit the MPATI service to Receivers tuned to ground-based stations would permit only the 6 MPATT assign­ a few miles under 190 in the vicinity of could cause interference to the reception ments to be made in the entire area. adjacent channel stations which are of the MPATI stations; however, MPATT The loss of these possible assignments located just outside the 200 mile area says they do not need protection from would be ameliorated somewhat if a sub­ and would probably provide, in general, such interference and are willing to stitute service were provided by MPATT. protection to ground-based stations forego it. However, MPATT would in no way be a somewhat in excess of the protection be­ 28. If the. MPATI operation were tosubstitute for the commercial assign­ tween ground-based stations afforded by be authorized in the UHF band, it is the ments lost and would, only in a limited the 55 miles adjacent channel separation Commission’s judgment that the follow­ way, be a substitute for the potential specified in our rules. However, it is not ing standards would be necessary: educational assignments lost. strictly accurate to compare the air- Separation 31. In its comments, MPATT proposed, bome-to-ground adjacent channel pro­ (miles) alternatively to its earlier request for tection with ground-to-ground protect- Cochannel separation, ground-to-air_ 290 regularization of six channels, the as­ tion. Where adjacent channel operation Adjacent channel operation______225 signment of such channels for a 10-year is involved, one or the other station can Picture image protection to ground- period, or the assignment of two of these be received at all locations. Therefore, based station______98 six channels for full-time use, with four Sound image protection to ground- an adjacent channel TV broadcast sta­ based station-______72 channels assigned on a shared-time basis tion interfering with another TV broad­ Picture image protection to airborne with ground-based commercial or edu­ cast station will usually provide substi­ station ______o cational stations, airborne use being tute service. The service provided by Sound image protection to airborne limited to regular school hours when MPATI would seldom be a substitute for station-.______o schools are in session. We anticipate broadcast service lost. Therefore, if the Intermodulation and I.P. beat protec­ there will be growing need for full-time potential service area of adjacent chan­ tion either to ground or air______0 operation on UHF television channels by nel ground-based stations is to be fully Oscillator radiation to either ground both commercial and educational tele­ protected a separation of approximately or air station______o vision stations within the next 10 years. 225 miles would be desirable. 29. Impact of MPATI on the UHF As­ Therefore, we are of the view that it is 27. The rules governing TV broadcastsignment Plan. The extensive service not in thé public interest to allow MPATT stations operating on UHF channels pro­ range of the MPATT signal and the added to preempt these channels for a 10-year vide minimum geographic separations separation distance needed to protect this period or on a part-time basis. between stations operating on certain service area would preclude the use of 32. Impact of MPATI on the Instruc­ channels other than the same channel. the UHF phannels between 71 and 83 tional TV Fixed Service Band, 2500-2690 These are called “taboo” channels and inclusive in about 98 percent of Indiana, Mc/s. Operation of an airborne Instruc­ must be avoided to prevent interference. 85 percent of Ohio, 40 percent of lower tional TV service in the 2500-2690 Mc/s MPATI contends that we may disregard Michigan, 25 percent of Illinois and 25 band appears to be technically feasible.8 the “taboo” separations other than ad­ percent of Kentucky. The added dis­ However, the extremely wide service jacent channel insofar as the airborne tance needed for cochannel protection area which must be protected will have operation is concerned. (They do not would preclude the use of Channels 72, an impact on the availability of frequen­ contend that they Should be abandoned 74, 76, 78, 80, and 82, over all of Ohio cies for ground-based Instructional TV for ground-to-ground stations.) We and Indiana, virtually all of the remain­ systems. If 6 channels are assigned to are unable to find a sufficient difference der of Kentucky and Illinois as well as MPATT they cannot be used by ground- between air-to-ground and ground-to- two-thirds of West Virginia, most of based stations within the MPATI service ground operation to warrant substantial­ lower Michigan, the southeastern por­ area which will be approximately the ly different treatment. With regard to tion of Wisconsin, and portions of west­ same as that proposed for the upper UHF the 20-mile taboos there is a cone of ern Pennsylvania, northern Tennessee, television broadcast band. There is, reduced radiation immediately below the and western Virginia. A limited number however, an important difference. In airborne station and extending out to of other assignments below Channel 70 the 2500-2690 Mc/s band ground-based approximately 40 miles from the orbit would be affected by image, oscillator, users of the 2500-2690 Mc/s band will reference point. Means are being and intermodulation separation require­ operate “private” systems where the sought by MPATI to increase radiation ments. In comments filed in this pro­ user will make both the transmitting and in this area because of reception difficul­ ceeding MPATT argued that the loss of receiving installations. Thus, the trans­ ties. Therefore, we cannot count on channels in this area should not be re­ mitting installations can be made to di­ that condition continuing and with the garded as serious because an adequate rect the signals only to the areas in­ aircraft flying a sizable and variable number of “viable” channels can be pro­ tended to be served and the receiving holding pattern, the cone of reduced vided on the remaining UHF channels. installations can be engineered to re­ radiation cannot be considered as a 30. On the contrary, we found it im­ spond to the wanted signals and reject factor which might permit reduction or possible to provide enough channels to unwanted interfering signals. Similarly, elimination of these 20-mile intermodu­ meet anticipated future needs for wide schools participating in the MPATI lation and I.P. taboos. Also, since the area coverage plus local TV outlets in program can design their receiving facili­ application of the 20-mile intermodula­ communities likely to need them in the ties to favor the MPATT signals and dis­ tion and I.P. difference taboos are a future, even when all of the channels be­ criminate against unwanted signals. factor only when a large number of UHF tween 14 and 83, inclusive, were used. Careful selection of channels and assignments are made in a single city In addition to the large metropolitan thoughtful geometric arrangement of these will not have a significant effect centers in Indiana, Ohio, and Michigan, ground-based systems can reduce sub­ on ground-based availabilities. In ordei there are many cities with relatively stantially the geographic separations to protect ground-based TV broadcasl large populations that should qualify which would otherwise be required to stations from “image” interference for local commercial and educational TV prevent interference between systems. caused by the airborne stations, the outlets. Our inability to provide chan­ On the other hand in the UHF band, Commission believes that a separation of nels for these cities and similar cities in home-type antennas designed for recep- 98 miles between airborne and ground- other populous areas led to the concept based stations for picture “image” anc of a “community-type” TV station which 8 It should be noted that In our report and 72 miles for sound “image” would be re­ we have proposed in a Further Notice order in Docket 14744 (FCC 63-722, released quired. Since “image” interference re­ of Proposed Rule Making in Docket No. July 30, 1963) in which we provided for use sults from the operation of a station or 14229/ This proposal would attempt to of the 2500—2690 Mc/s band by instructional ?. higher channel than the desired sta­ television fixed stations, we did not reallocate secure more assignments on the upper this band from the operational fixed service tion, the MPATI service would not bt to instructional television, but provided for subject to “image” interference from 7 Further notice of proposed rule making ina 3-year period to observe use of these chan­ ground-based stations. The opposite ii Docket No. 14229 (FCC 65-505). nels by educators. 8696 PROPOSED RULE MAKING tion of broadcast transmission are likely tribution, the proponents believe it to thorized to operate in the 2500-2690 to be casual and hence more protection have advantages over other methods. Mc/s band. must be provided and less opportunity is MPATI has made available to every city, 37. In the light of the foregoing: It is presented for engineering in the two sys­ village and crossroads school in its area ordered, That the petition of Midwest tems side by side. quality instructional material at a rela­ Program for Airborne Television In­ 33. Cost of Conversion to a 2500-2690tively small cost. It has made a valuable struction, Inc., for amendment of our Mc/s Operation. We do not have suffi­ contribution to many small and medium­ rules to provide for the regular operation cient data to make an accurate estimate sized schools in the rural areas of the of their system on six channels in the of the cost of converting the airborne Midwest, which otherwise could not upper UHF television broadcast band is transmitting facilities to the 2500-2690 afford educational television. Another denied. It is further ordered, That Mid­ Mc/s band. However, we are persuaded contribution which has been made by west Program for Airborne Television that operation in the 2500-2690 MC/s MPATI has been in the area of instruc­ Instruction, Inc., shall be permitted to band is economically feasible. While tional cooperation. The practices sug­ continue its experimental operation on low-powered transmitters designed for gested have contributed to the develop­ Channels 72 and 76 upon appropriate ground-based Instructional TV Fixed ment of cooperative instructional tech­ application for renewal of its experi­ Systems are currently available, we niques and it is recognized that MPATI mental licenses as required by Part 74 know of no high-powered amplifiers has been ah active force in demonstrat­ of Commission rules, until the end of the specifically designed for use with these ing that such cooperative efforts are 1969-70 school year. It is further transmitters. Tubes capable of provid­ feasible. But its outstanding contribu­ ordered, That the Commission will ing the necessary power are available tion has been the high quality of its entertain an application from Midwest and the design of a suitable amplifier is programs, which it has loaned on a Program for Airborne Television In­ well within the state of the art. MPATI lease rental basis to schools, both in and struction, Inc.,. for six-channel opera­ estimates the cost of a six-channel trans­ outside the area. However, despite tion in the 2500-2690 Mc/s band. mitting system to operate in the upper MPATI’s many positive qualities, we 38. It is further ordered, That this UHF broadcast band to be $9,612,500, in­ have reluctantly decided we cannot au­ proceeding is terminated. cluding the cost of the planes. It esti­ thorize its operation in the UHF tele­ Adopted: June 30,1965. mates that a similar system designed for vision broadcast band. The overriding operation in the 2500—2690 Mc/s band consideration in this proceeding is the Released: July 2,1965. would cost 25 percent more. A more im­ matter of efficient utilization of the fre­ Federal Communications portant consideration is the relative costs quency spectrum. The impact of delet­ Commission,® to the participating schools. In our de­ ing six channels from the UHF televi­ [Seal] Ben F . Waple, cision adopted herein, we propose to per­ sion broadcast band can be substantial. — Secretary. mit MPATI to continue its present two- Over one-fifth of the technically avail­ channel operation on Channels 72 and able UHF assignments in the area would [F.R. Doc. 65-7218; Filed, July 8, 1965; 76 for 5 years. Additional operations be lost if MPATI were given channels in 8:48 a.m.] would have to take place in the 2500—2690 this band. Mc/s band. Schools currently partici­ 35. We have determined that MPATI pating in the MPATI program would not operation in the 2500-2690 Mc/s band is [ 47 CFR Part 83 1 be required to make any change to con­ technically feasible. On balance there­ [Docket No. 16081; FCC 65-564] tinue their present two-channel recep­ fore, although the costs are higher tion for 5 years. If MPATI goes to a and the inauguration of additional SHIP RADIOTELEPHONE six-channel system, such schools cur­ service would be delayed, provi­ TRANSMITTERS rently participating in the program sion should be made in this band for would have to add converters for the four MPATI operation in the Midwest area in Notice of Proposed Rule Making new channels capable of reception in the order to preserve the valuable UHF tele­ In the matter of amendment of Part 2500-2690 Mc/s band. In general the vision frequencies for ground-based 83 of the Commission’s rules relative to cost of equipment capable of operation broadcast service. MPATI is eligible for ship radiotelephone transmitters having in the 2500-2690 Mc/s band may run authorization under the present rules a maximum power input of 3 watts or less about 25 percent higher than similar governing Instructional - TV Fixed sta­ to permit multichannel operation in the equipment in the UHF band. For ex­ tions. While the airborne transmitters 156 to 174 Mc/s band without requiring ample, we estimate schools not yet are not strictly “fixed” in the usual sense the frequencies 156.3 Mc/s and 156.8 equipped for reception of MPATI trans­ of the term applied to radio services, they Mc/s, RM-652, RM-744. missions would need to invest approxi­ are operated while the plane is flying a 1. Notice is hereby given of proposed mately $2,300 for converters, antennas, “holding pattern” over a fixed location rule making in the above-entitled matter. etc., to operate in the 2500-2690 Mc/s on the ground and this corresponds 2. This proposed rule making is issued band while a similar installation in the closely enough to the concept of the fixed in response to a petition filed on August UHF band would have been about $1,900. service. The rules governing the In­ 26, 1964, by Moran Towing and Trans­ MPATI estimates the costs for UHF op­ structional TV Fixed Service place no portation Co., Inc. (Moran) 17 Battery eration to be between $2,000 and $3,000 absolute limit on power and antenna Place, New York 4, N.Y. Petitioner is per installation as against costs for op­ height. These matters are considered on engaged in the business of towing, trans­ eration in the 2500—2690 Mc/s band an application basis. porting, and docking vessels in the between $6,000 and $7,000. For very dif­ 36. In recognition, of the substantial greater New York harbor area. Peti­ ficult locations tracking antennas may investment made by MPATI in the con­ tioner utilizes four limited coast stations be required which would bring the costs duct of its experimental operation on and is licensed for installations aboard up considerably, particularly on the 2500- Channels 72 and 76, we will permit con­ 50 vessels engaged in the docking, un­ 2690 Mc/s band, but we believe that such tinuation of that operation under an ex­ docking, and transporting of vessels in locations will be limited in number. Al­ perimental license for a period of 5 years the New York area. In addition, Moran though we recognize that overall, the for amortization purposes. This will also is the licensee p i 15 low power (3 watt) costs will be somewhat higher in the provide a reasonable amortization pe­ portable transmitters which are used by 2500-2690 Mc/s band, we believe this is riod for the individual school systems docking pilots for communication with outweighed by the importance of re­ which have invested in UHF converters Moran’s tugs and limited coast stations. taining the UHF broadcast channels for to feed internal distribution systems. All operations are on 156.35 Mc/s. ground-based educational and commer­ The internal distribution system and in­ 3. In addition to Moran’s petition the cial stations. Commission has on file a petition filed 34. Decision of the Commission. Ourdividual TV receivers in classrooms will by American Waterways Operators and decision in this matter has been difficult. continue to be useful for the reception of requests for waivers of § 83.106(b) of the The service provided by MPATI in the ground-based regular and instructional Commission’s rules filed by Marine Ex- past and the expanded service proposed TV stations, for closed circuit TV origi­ offer a means of rapid distribution of nating in the individual schools, and for 9 Chairman Henry concurring; dissenting instructional TV material. While it is continuation of MPATI originated in­ statement of Commissioner Cox filed as part only one of several means of such dis­ structional TV material if MPATI is au­ of original document. Friday, July 9, 1965 FEDERAL REGISTER 8697 change; Inc., San Francisco, Calif., and terest of promoting the maximum use operate on 156,3 and 156.8 Mc/s, RM- McAllister Brothers, Inc., 17 Battery of the maritime VHF frequencies, it is 611. Place, New York 4, N.Y. This petition proposed to amend the rules to permit 1. Notice is hereby given of proposed and request for waiver of the multichan­ the operation of portable transmitters rule making in the above-entitled nel requirement of the rules are in es­ having a power input of 3 watts or less matter. sence identical in substance to the Moran on more than one frequency but without 2. American Telephone and Telegraph petition and the relief sought would be the requirement that 156.3 and 156.8 Co. (A.T. & T.) has filed a petition re­ granted by the amendment of the rules Mc/s be provided^ questing that § 83.106 of the Commis­ proposed herein. Also, the Commission 8. The amendments in the appendix sion’s rules be amended to permit VHF has on file comments in support of the below are issued under the authority ship radiotelephone stations to operate proposed rules submitted by Tug Com­ contained in section 303 (c), (f), (g), on more than one public correspondence munications, Inc., Pacific Marine Com­ and (r) of the Communications Act of frequency without also being capable of munications, and Mobile Bar Pilots 1934, as amended. operating on 156.3 Mc/s, an intership Association. 9. Pursuant to applicable procedures frequency, and 156.8 Mc/s, the VHF 4. Section 83.106 of the rules requires set forth in § 1.415 of the Commission’s safety and calling frequency. that all ship station VHF transmitters rules, interested persons may file com­ 3. Section 83.106 now permits such be equipped to operate on 156.3 and 156.8 ments on or before August 12, 1965, and stations to use a single VHF public Mc/s in addition to any other working reply comments on or before August 23, correspondence frequency without being frequency unless the transmitter oper­ 1965. All relevant and timely comments capable of transmitting and receiving ates solely on one of the frequencies and reply comments will be considered on 156.3 and 156.8 Mc/s. However, the 156.35, 156.65, 156.9, 156.95 Mc/s or a by the Commission before final action is installation of a second public corre­ public correspondence frequency. Prior taken in this matter. In reaching its spondence channel would also require the to the amendment of the rules in Docket decision in this proceeding, the Commis­ installation of à transmitting and re­ No. 14375 (FCC 62-722), transmitters sion may also take into account other ceiving capability on 156.3 Mc/s and having a power input of 3 watts or less relevant information before it in addi­ 156.8 Mc/s. The latter requirement were not required to be capable of opera­ tion to the specific comments invited by would necessitate the installation of a tion on 156.3 and 156.8 Mc/s when op­ this notice. second receiver because of the approxi­ erating on any available frequency. 10. In accordance with the provisions mate 5 Mc/s spread between the public 5. Moran states that single channel of § 1.419(b) of the Commission’s rules, correspondence receiving frequencies operation on 156.35 Mc/s with the port­ an original and 14 copies of all state­ and the intership and safety frequencies. able units has proved to be less than ments and briefs or comments filed shall A.T. & T. states equipment with this satisfactory because the Moran pilots be furnished the Commission. capability is costly, whereas the pro­ cannot participate in the bridge-to- vision of two or more public correspond­ bridge system on 156.65 Mc/s used by Adopted: June 30,1965. ence channels, without the intership and the Hudson River and Sandy Hook pilots. Released: July 6,1965. safety frequencies, increases equipment Such participation would increase the costs only slightly above the cost of sin­ efficiency of handling and safety of ves­ F ederal Communications Co m m issio n ,1 gle channel equipment. No comparative sels in the harbor since it would permit [ seal] B en F. W aple, cost figures were submitted. communication with other pilots on the Secretary. 4. A.T. & T. asserts that for adequate bridge-to-bridge frequency 156.65 Mc/s, communication service many vessel op­ when in passing situations. Accord­ A. Part 83—Stations on Shipboard in erators need to be able to operate on ingly, Moran requests that the rules be the Maritime Services, is amended as more than one public correspondence amended to permit the use of more than follows: frequency. In support of this assertion one frequency by portable transmitters 1. Section 83.106, a new paragraph (f)A.T. & T. states that most VHF public of 3 watts or less without the requirement is added to read: coast stations are equipped for operation that they be capable of operation on 156.3 § 83.106 Required frequencies for on only one channel and since the fre­ and 156.8 Mc/s. radiotelephony. quency assignments cannot be the same 6. The amendment of the rules as pro­ at all stations, because of cochannel posed herein would reinstate the condi­ t- * * * * interference, vessels equipped with sin­ tions that existed prior to the amend­ (f) The requirement contained ingle channel equipment are restricted as ment of the rules in Docket 14375 rela­ paragraph (b) of this section shall not to available service area. Hie Puget tive to the operation of transmitters apply to any marine utility station au­ Sound area, where two channels are as­ having a power input of 3 watts or less. thorized to operate with a transmitter signed alternately to stations at Belling­ It is believed that the availability of any plate power input of 3 watts or less upon ham, Port Angeles, Tacoma, and Seattle, one or more frequencies for the operation express condition that harmful interfer­ and many vessels operate between two of low power hand carried transmitters ence shall not be caused tojthe service of or more of these ports, is given as an would extend the usefulness of many any maritime mobile station which is example. existing harbor VHF systems by permit­ operated in accordance with paragraph 5. Petitioner makes reference to the ting the type of operation requested by (b) of this section. Commission’s concern over the slow ex­ the petitioner and permitting the use of [F.R. Doc. 65—7219; Filed, July 8, 1965; pansion of the VHF maritime service ex­ hand carried portable transmitters on 8:48 a.m,] pressed in Docket 14375 (FCC 62-722). frequencies where their operation is now In that proceeding the Commission precluded because of the multichannel amended its rules to permit the use of requirement. D eletionof the multi­ [ 47 CFR Part 83 1 a single VHF public correspondence channel requirement would be a deroga­ [Docket No. 16082; FCC 65-565] channel in the hope that the growth of tion of the Geneva Radio Regulations, VHF public correspondence usage would but in accordance with Paragraph 115 of SHIP RADIOTELEPHONE STATIONS be stimulated and relieve to some degree those regulations can be permitted sub­ the congestion on the 2 Mc/s public ject to the condition that harmful inter­ Notice of Proposed Rule Making correspondence channels. A.T. & T. ference should not be caused to services In the matter of amendment of Part states that no noticeable growth has carried on by stations operating in ac­ 83 of the Commission’s rules to permit occurred. cordance with the provisions of the reg­ ship radiotelephone stations which oper­ 6. The failure of VHF to expand is ulations. In view of the low power and ate on VHF to operate on more than attributed by A.T. & T. to the require­ the portable type of operation generally one public correspondence frequency ment imposed by the present rules used, the probability of interference is without the requirement of being able to which, because of the added cost of in­ believed to be minimal. stallations to obtain more than one VHF 7. In the interest of safety of naviga­ 1 Dissenting statement of Commissioner public correspondence channel, persuade tion and ship handling, and in the in­ Cox filed as part of original document. many users to forego the use of VHF. 8698 PROPOSED RULE MAKING A T. & T. states there Is a public need (c) Members included in a member­ for VHP ship stations which are FEDERAL HOME LOAN BANK BOARD ship list shall be classified as to their equipped with more than one public status as borrowing or saving members, correspondence channel and in support [12 CFR Part 545 1 or both, and in the event of election by of this statement refers to the initial [No. 19,258] an association of its option to mail a growth rate of maritime VHP prior to communication to members under the 1954 when the multichannel require­ FEDERAL SAVINGS AND LOAN foregoing provisions of this section, the ments were first included in the rules, SYSTEM mailing shall be to whichever classifica­ and when vessel operators were per­ tion, or both, the requesting member mitted to install VHF equipment for Operations; Membership Lists and specified. public correspondence only. Communications With Members (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. 7. The Commission agrees that the de­ 1464. Reorg! Plan No. 3 of 1947, 12 F.R. velopment of the VHF maritime service J u ly 2,1965. 4981, 3 CFR, 1947 Supp.) is desirable to relieve congestion in the Resolved that, pursuant to Part 508 Resolved further that all interested 2 Mc/s marine band. A.T. & T. states of the general regulations of the Fed­ persons are hereby given the opportunity that the requested amendment to the eral Home Loan Bank Board (12 CPR to submit written data, views, or argu­ rules would make adequate VHP public Part 508) and § 542.1 of the rules and ments on the following subjects and is­ correspondence facilities available at a regulations for the Federal Savings and sues: (1) Whether said proposed amend­ reasonable cost and as more vessels be­ Loan System (12 CFR 542.1), it is hereby ment should be adopted as proposed; (2) came equipped with radiotelephone in­ proposed that Part 545 of the rules and whether said proposed amendment stallations the Commission’s objective of regulations for the Federal Savings and should be modified and adopted as modi­ promoting safety of life and property Loan System (12 CFR Part 545) be fied; (3) whether said proposed amend­ would be furthered. amended by an amendment, the sub­ ment should be rejected. All such writ­ 8. The proposed amendments to the stance of which is as follows: ten data, views, or arguments must be rules, as set forth in the appendix below, Amend Part 545 of the rules and regu­ received through the mail or otherwise at are issued pursuant to the authority con­ lations for the Federal Savings and Loan the Office of the Secretary, Federal Home tained in sections 303 (c) and (r) of the System by adding immediately after Loan Bank BoaTd, Federal Home Loan Communications Act of 1934, as § 545.27 a new section as follows: Bank Board Building, 101 Indiana Ave­ amended. § 545.28 Membership lists and commu­ nue NW., Washington, D.C., 20552, not 9. Pursuant to applicable procedures nications with members. later than July 26,1965, to be entitled to set forth in § 1.415 of the Commission’s be considered, but any received later rules, interested persons may file com­ (a) (1) Every member of a Federal as­ sociation shall have the right to inspect may be considered in the discretion of the ments on or before August 12, 1965, and Federal Home Loan Bank Board. reply comments on or before August 23, the records of the association which per­ 1965. All relevant and timely comments tain solely to his own accounts. By the Federal Home Loan Bank and reply comments will be considered (2) Every member shall have the right Board. to communicate with other members in by the Commission before final action [ seal] H arry W. Caulsen, is taken in this proceeding. In reach­ relation to any matter which may prop­ Secretary. ing its decision in this proceeding, the erly be considered at a meeting of mem­ bers. An association may not defeat such [F.R. Doc. 65-7214; Filed, July 8, 1965; Commission may also take into account 8:48 a.m.] other relevant information before it, in right by a redemption of the member’s addition to the specific comments in­ savings account in the association. vited by this notice. (b) (1) Any member requesting a com­ [12 CFR Part 561 1 10. In accordance with the provisions munication with other members as pro­ of § 1.419(b) of the Commission’s rules, vided in this section shall furnish the [No. FSLIC—2,191] an original and 14 copies of all state­ association with the following informa­ tion, in writing and subscribed by him: FEDERAL SAVINGS AND LOAN ments, briefs or comments filed shall INSURANCE CORPORATION be furnished the Commission. . (i) His full name and address; (ii) The nature and extent of his in­ Definitions; Normal Lending Territory Adopted: June 30, 1965. terest in the association at the time his J u ly 2, 1965. Released: July 6,1965. application is made; (iii) A statement of the purposes of Resolved that, pursuant to Part 508 F ederal Communications the communication which he desires to of the general regulations of the Fed­ Co m m issio n ,1 make with other members; eral Home Loan Bank Board (12 CFR [ seal] B en P . W aple, Civ) A copy of such communication; Part 508) and § 567.1 of the rules and Secretary.. and regulations for Insurance of Accounts A ppendix (v) The date of the annual or special (12 CFR 567.1), it is hereby proposed meeting of the members of the associa­ that § 561.22 of the rules and regulations Part 83—Stations on Shipboard in the tion at which the matter will be present­ for Insurance of Accounts (12 CFR Maritime Services, is amended as fol­ ed for consideration. 561.22) be amended by an amendment lows: (2) Upon receipt of such request the the substance of which is as follows: i. Section 83.106 is amended by revis­Federal association shall furnish or make Amend § 561.22 of the rules and regu­ ing paragraph (d) (1 ) to read: i available to the member a current list of lations for Insurance of Accounts to §83.106 Required frequencies for the names and addresses of all members read as follows: ? radiotelephony. of the association, or, in lieu thereof, the § 561.22 Normal lending territory. * * * * * association shall promptly notify the member of the number of the associa­ The term “normal lending territory ‘ (d)!"* * * tion’s members and of the estimated means the territory within a radius of (1) On one or more of the frequencies amount of the association’s reasonable 50 miles from the institution’s principal 157.2, 157.25, 157.3, 157.35, or 157.4 Mc/s; costs and expenses of mailing the com­ office and the territory beyond 50 miles or munication to its members. After re­ from the principal office in which the * * * * * institution was operating oh June 27, [F.R, Doc, 65-7220; Filed, July 8, 1965; ceipt of such amount and sufficient cop­ 8:48 a.m.] ies of the member’s communication, the 1934. Ih the case of an insured insti­ association shall mail the same to all its tution which, at the close of its most members by a class of mail and not later recent semiannual period, had scheduled 1 Dissenting statement of Commissioner than such reasonable date as is specified items (other than assets acquired in a Cox filed as part of original document; Com­ merger instituted for supervisory rea- missioner Wadsworth dissenting. by the requesting member. Friday, July 9, 1965 FEDERAL REGISTER 8699 sons) not in excess of 4 percent of its instituted for supervisory reasons) to By the Federal Home Loan Bank specified assets, and which is permitted specified assets of less than 2.5 percent, Board. to obtain Federal home loan bank ad­ and which is permitted to obtain Federal vances for expansion purposes, the term home loan bank advances for expansion [ seal] H arry W . Caulsen, also means the territory more than 50 purposes, may, to the extent that it has Secretary. but not more than 100 miles froth the legal power to do so, make or invest its [FJR. Doc. 65-7211; Piled, July 8, 1965; principal office of the institution. For funds in loans, originated and serviced 8:47 a.m.] purposes of this section, a county is the by or through àn institution the accounts unit of territory in which the institution or deposits of which are insured by the [12 CFR Part 563 ] was operating beyond the radius of 50 Federal Savings and Loan Insurance Cor­ [No. FSLIC—2,190] miles from its principal office on June 27, poration and which is permitted to ob­ 1934. , , tain Federal home loan bank advances FEDERAL SAVINGS AND LOAN (Secs. 402, 403 , 48 Stat. 1256, 1257, as for expansion purposes, or by or through INSURANCE CORPORATION amended; 12 U.S.C. 1725, 1726. Reorg. Plan an institution the deposits of which are Operations; Participation Loans No. 3 of 1947, 12 P.R. 4981, 3 CPR, 1947 Supp.) insured by the Federal Deposit Insur­ Resolved further that all interested ance Corporation or by or through an J u ly 2, 1965. persons are hereby given the opportunity approved Federal Housing Administra­ Resolved that, pursuant to Part 508 to submit written data, views, or argu­ tion mortgagee, in an aggregate amount of the general regulations of the Federal ments on the following subjects and is­ not exceeding 5 percent of such institu­ Home Loan Bank Board (12 CFR Part sues: (1) Whether said proposed amend­ tion’s assets on the security of real estate 508) and § 567.1 of the rules and regu­ ment should be adopted as proposed; (2) located in any metropolitan area in the lations for Insurance of Accounts (12 whether said proposed amendment United States as then defined in “Stand­ CFR 567.1), it is hereby proposed that should be modified and adopted as modi­ ard Metropolitan Statistical Areas” pub­ § 563.9-1 of the rules and regulations for fied; (3) whether said proposed amend­ lished by the Bureau of the Budget: Pro­ Insurance of Accounts (12 CFR 563.9-1) ment should be rejected. All such writ­ vided, That: be amended by an amendment the sub­ ten data, views, or arguments must be (i) The principal or a branch office of stance of which is as follows: received through the mail or otherwise such originating and servicing institu­ Amend paragraph (d) of § 563.9-1 of at the Office of the Secretary, Federal tion or approved Federal Housing Ad­ the rules and regulations for Insurance Home Loan Bank Board, Federal Home ministration mortgagee is located within of Accounts to read as follows : Loan Bank Board Building, 101 Indiana the same metropolitan area aS the real § 563.9—1 Participation loans. Avenue NW., Washington, D.C.,_ 20552, estate seçurity; ***** not later than August 9, 1965, to be en­ (ii) Any such approved Federal Hous­ (d) Limitations. Na insured institu­ titled to be considered, but any received ing Administration mortgagee shall have tion that originated the loan shall sell later may be considered in the discre­ been continuously and principally en­ a participation in any loan at any time tion of the Federal Home Loan Bank gaged in the business of originating and when the percentage of such institution’s Board. s servicing loans for other lenders and in­ scheduled items, other than assets ac­ vestors for a period of at least 5 years, quired in a mergermstituted for super­ By the Federal Home Loan Bank and such approved mortgagee shall fur­ Board. visory reasons, exceeds 4 percent of its nish to such insured institution docu­ specified assets, as reported in its most [seal! H arry W . Caulsen, mentation showing that the mortgagee recent semiannual report, or when the Secretary. has been so engaged and is then ap­ institution is not permitted to obtain proved by the Federal Housing Admin­ [F.R. Doc. 65-7213; Piled, July 8, 1965; "Federal home loan hank advances for 8:47 ajn.] istration : expansion purposes. (iii) The institution has obtained a * ■ * * * * signed report of appraisal of the real (Secs. 402, 403, 48 Stat. 1256, 1257, as amend­ [ 12 CFR Pari 563 1 estate security for the loan by an ap­ ed; 12 U.S.C. 1725, 1726. Reorg. Plan No. 3 praiser designated by such institution of 1947, 12 F.R. 4981, 3 CPR, 1947 Supp.) [No. FSLIC-2,189] and who has no interest, direct or indi­ rect, in the real estate or in any loan Resolved further that all interested FEDERAL SAVINGS AND LOAN on the security thereof. persons are hereby given the opportu­ INSURANCE CORPORATION nity to submit written data, views, or * * * * * arguments on the following subjects and Operations; Loans and Investments (Sees. 402, 403, 48 Stat. 1256, 1257, as amend­ issues: (1) Whether said proposed ed; 12 U.S.C. 1725, 1726. Reorg. Plan No. 3 of amendment should be adopted as pro­ J u ly 2, 1965. 1947, 12 P.R. 4981, 3 CPR, 1947 Supp.) posed; ( ) whether said proposed Resolved that, pursuant to Part 508 of 2 Resolved further that all interested amendment should be modified and the general regulations of the Federal adopted as modified; (3) whether said Home Loan Bank Board (12 CFR Part persons are hereby given the opportunity to submit written data, views, or argu­ proposed amendment should be rejected. 508) and § 567.1 of the rules and regula­ All such written data, views, or argu­ tions for Insurance of Accounts (12 CFR ments on the following subjects and is­ sues: (1) Whether said proposed amend­ ments must be received through the mail 567.1), it is hereby proposed that § 563.9 or otherwise at the Office of the Secre­ of the rules and regulations for Insur­ ment should be adopted as proposed; (2) whether said proposed amendment tary, Federal Home Loan Bank Board, ance of Accounts (12 CFR 563.9) be Federal Home Loan Bank Board Build­ amended by an amendment the substance should be modified and adopted as modi­ fied; (3) whether said proposed amend­ ing, 101 Indiana Avenue NW., Wash­ of which is as follows: ington, D.C., 20552, not later than Au­ Amend subparagraph (4) of paragraph ment should be rejected. All such writ­ (a) of § 563.9 of the rules and regulations ten data, views, or arguments must be gust 9, 1985, to be entitled to be con­ lor Insurance of Accounts to read as received through the mail or otherwise sidered, but any received later may be follows: at the Office of the Secretary, Federal considered in the discretion of the Fed­ Home Loan Bank Board, Federal Home eral Home Loan Bank Board. § 563.9 Loans and investments. Loan Bank Board Building, 101 Indiana By the Federal Home Loan Bank (a) General provisions. * * * Avenue NW., Washington, D.C., 20552, Board. Any insured institution which, at not later than August 9, 1965, to be en­ [seal] H arry W. Caulsen, of its most recent semiannual titled to be considered, but any received Secretary. ?®5roc1, a ratio of scheduled items later may be considered in the discretion [FJt. Doc. 65-7212; Piled, July 8, 1965; otner than assets acquired in a merger of the Federal Home Loan Bank Board. 8:47 a.m.] No. 131------6 Notices

cept those of unusual value, Classes A ment), between Columbus, Ga.,. on the INTERSTATE COMMERCE and B explosives, household goods as de­ one hand, and, on the other, points in fined by the Commission, commodities in Russell County, Ala. N ote: Applicant bulk and those requiring special equip­ states that it intends to tack the pro­ COMMISSION ment), serving Haddock, Ga., as an off- posed authority with that previously [Notice No. 788] route point in connection with appli­ granted in Certificate No. MC 2253 and cant’s authorized regular-route opera­ Sub-Nos. 9, 12, 14, 17, and 21, which MOTOR CARRIER, BROKER, WATER tions between Eatonton, Ga., and Macon, authorize service in the District of Co­ CARRIER, AND FREIGHT FOR­ Ga. N ote : If a hearing is deemed neces­ lumbia and the states of North Carolina, WARDER APPLICATIONS sary, applicant requests it be held at At­ Virginia, Maryland, Pennsylvania, New lanta, Ga. Jersey, New York, South Carolina, July 2, 1965. NO. MC 1827 (Sub-No. 46), filed June Georgia, Connecticut, Massachusetts, The following applications are gov­ 15, 1965. Applicant: K. W. McKEE, IN­ Rhode Island, and Delaware. If a hear­ erned by Special Rule 1.2471 of the Com­ CORPORATED, 2811 Highway 55, St. ing is deemed necessary, applicant re­ mission’s general rules of practice (49 Paul, Minn. Applicant’s attorney: Har­ quests it be held at Columbus, Ga. CPR 1.247), published in the F ederal rison P. Dilworth, W-1462 First National No. MC 2359 (Sub-No. 16), filed June R egister, issue of December 3, 1963, ef­ Bank Building, St. Paul 1, Minn. Au­ 16, 1965. Applicant: DAMEO, INC., 346 fective January 1, 1964. These rules thority .sought to operate as a contract Central Avenue, Somerville, N.J. Ap­ provide, among other things, that a pro­ carrier, by motor vehicle, over irregular plicant’s representative: Bert Collins, test to the granting of an application routes, transporting: Automobiles, 140 Cedar Street, New York, N.Y., 10006. must be filed with the Commission with­ trucks, tractors and parts and attach­ Authority sought to operate as a con­ in 30 days after date of notice of filing ments theref or, when moving in the same tract carrier, by motor vehicle, over ir­ of the application is published in the vehicle therewith, in secondary move­ regular routes, transporting: Beer and F ederal R egister. Failure seasonably ments, in truckaway and driveaway serv­ malt beverages, in containers, advertis­ to file a protest will be construed as a ice, from Fargo, N. Dak., to points in Min­ ing and display supplies and materials, waiver of opposition and participation nesota and Montana, and damaged, de­ on flatbed trailers, from Albany, N.Y.; in the proceeding. A protest under these fective and returned shipments of the Baltimore, Md.; Port Newark, N.J.; and rules should comply with § 1.40 of the commodities specified above, on return. New York, N.Y., to points in Bridgewater general rules of practice which requires N ote: Applicant states the proposed Township, N.J., and empty containers that it set forth specifically the grounds service to be under a continuing contract and rejected, returned, and damaged upon which it is made and specify with or contracts with Ford Motor Co. of shipments, on return. N ote: Applicant particularity the facts, matters, and Dearborn, Mich. Common control may states the proposed operation will be things relied upon, but shall not include be involved. If a hearing is deemed under contract with Peter Lusardi, Inc., issues or allegations phrased generally. necessary, applicant .requests it be held Bridgewater Township, N.J. If a hear­ Protests not in reasonable compliance at Minneapolis, Minn. ing is deemed necessary, applicant re­ with the requirements of the rules may No. MC 1924 (Sub-No. 5), filed April quests it be held at Washington, D.C. be rejected. The original and six (6) 14, 1965. Applicant: WALLACE-COL­ No. MC 2607 (Sub-No. 11), filed June copies of the protest shall be filed'with VILLE MOTOR FREIGHT, INC., 400 18.1965. Applicant: L. F. BERRY, doing the Commission, and a copy shall be North Sycamore Street, Spokane, Wash. business as BERRY VAN LINES, North served concurrently upon applicant’s Applicant’s attorney: Joseph L. Thomas, Aurora Street, Easton, Md. Applicant’s representative, or applicant if no repre­ 711 Old National Bank Building, Spo­ attorney: Harry C. Ames, Jr., Trans­ sentative is named. If the protest in­ kane, Wash. Authority sought to oper­ portation Building, Washington, D.C. cludes a request for oral hearing, such ate as a common carrier, by motor ve­ Authority sought to operate as a common request shall meet the requirements of hicle, over regular routes, transporting: carrier, by motor vehicle, over irregular § 1.247(d) (4) of the special rule. Sub­ Silver, between Kellogg, Idaho, and Spo­ routes, transporting: Household goods, sequent assignment of these proceedings kane, Wash., over U.S. Highway 10, serv­ as defined by the Commission, between for oral hearing, if any, will be by Com­ ing the intermediate points of Dishman, points in Delaware, points in Northamp­ mission order which will be served on Opportunity, and Greenacres, Wash., all ton and Accomack Counties, Va., and each party of record. intermediate points in Idaho, the off- Wicomico, Caroline, Cecil, Dorchester, The publications hereinafter set forth route points of Morning, Morning Mine, Kent, Somerset, Queen Annes, Talbot, reflect the scope of the applications as Sunshine Mine, Big Creek, Page, Page and Worcester Counties, Md., on the one filed by applicants, and may include Mine, Pine Creek, and those within 10 hand, and, on the other, points in Dela­ descriptions, restrictions, or limitations miles of Mullan and 15 miles of Kellogg, ware, Maryland, and Virginia. Note: which are not in a form acceptable to Idaho; the intermediate and off-route If a hearing is deemed necessary, ap­ the Commission. Authority which ulti­ points within 3 miles of Burke, Coeur plicant requests it be held at Washing­ mately may be granted as a result of the d’Alene, and Wallace, Idaho, and those ton, D.C. applications here noticed will not neces­ within 15 miles of the Spokane and East­ No. MC 7555 (Sub-No. 51), filed June sarily reflect the phraseology set forth in ern Trust Co. Building, Spokane, Wash. 8.1965. Applicant: TEXTILE MOTOR the application as filed, but also will Note: If a hearing is deemed neces­ FREIGHT, INC., Post Office Box 6, El- eliminate any restrictions^which are not sary, applicant requests it be held at lerbe, N.C. Applicant’s attorney: Jacob acceptable to the Commission. P. Billig, 743 Investment Building, Wash­ No. MC 504 (Sub-No. 8i), filed June 14, Spokane, Wash. No. MC 2253 (Sub-No. 24), filed ington, D.C., 20005. Authority sought to 1965. Applicant: HARPER MOTOR operate as a common carrier, by motor UNES, INC,, 213 Long Avenue, Elberton, June 16, 1965. Applicant: CAROLINA FREIGHT CARRIERS CORPORATION, vehicle, over irregular routes, transport­ Ga. Applicant’s attorney :. Monty Schu­ ing: (1) Refused, damaged, rejected and macher, Suite 693,1375 Peachtree Street Cherryville, N.C. Applicant’s attorney: Alan E. Serby, Suite 1600, First Federal returned shipments of foodstuffs (except NE., Atlanta, Ga., 30309. Authority frozen foods and commodities in bulk, sought to operate as a common carrier, Building, Atlanta, Ga., 30303. Authority sought to operate as a common carrier, in tank vehicles),-from points in Not«1 by motor vehicle, over regular routes, Carolina, South Carolina, Georgia, Flor­ transporting: General commodities (ex- by motor vehicle, over irregular routes, transporting: General commodities (ex­ ida, and Alabama, to the plantsites ox cept those of unusual value, Classes A the Duffy Mott Co., Inc., at Hamlin, - 1 Copies of Special Rule 1.247 can be and B explosives, household goods as Holley, and Williamson, N.Y.; (2) re­ -obtained by writing to the Secretary, Inter­ defined by the Commission, commodities fused, damaged, rejected and returne state Commerce Commission, Washington, shipments of foodstuffs, including froze D.C., 20423. in bulk and those requiring special equip­ 8700 Friday, July 9, 1965 FEDERAL REGISTER 8701 foods, from points in Florida, to the plant No. MC 15877 (Sub-No. 1) , filed June ate as a common carrier, by motor ve­ site of American Home Foods at Milton, 8, 1965. Applicant: RELIABLE LEAS­ hicle, over irregular routes, transporting: Pa.; (3) refused, damaged, rejected and ING, INC., 536 West 41st Street, New Frozen foods, from Grand Rapids, Mich., returned shipments of foodstuffs (except York, N.Y. Applicant’s attorney: Morton to points in Connecticut, Delaware, frozen foods), from points in Louisiana, E. Kiel, 140 Cedar Street, New York 6, Maryland, Massachusetts, New Jersey, to the plantsite of American Home N.Y. Authority sought to operate as a New York, Pennsylvania, Rhode Island, Foods at Milton, Pa.; and (4) refused, common carrier, by motor vehicle, over Virginia, West Virginia, and the District damaged, rejected and returned ship­ irregular routes, transporting: Wearing of Columbia.. Note: If a hearing is ments of frozen foods, from points in apparel, (1) from Inwood, N.Y., to points deemed necessary, applicant requests it Georgia, to the plantsite of American in New York, N.Y., commercial zone, and be held at Washington, D.C. Home Foods at Milton, Pa. N ote: Ap­ returned shipments, on return, restricted No. MC 21170 (Sub-No. 103), filed plicant states that the purpose of this to traffic having a subsequent movement June 28, 1965. Applicant: BOS LINES, application is to seek authority to trans­ beyond in interstate or foreign commerce, INC., 408 South 12th Avenue, Marshall­ port back to their origin points refused, and (2) from points in New York, N.Y., town, Iowa. Authority sought to oper­ damaged, rejected and returned ship­ commercial zone, to Inwood, N.Y., and ate as a common carrier, by motor ve­ ments for which applicant, under its returned shipments, on return, restricted hicle over irregular routes, transporting: present authority, performed the south to traffic having a prior movement Oleomargarine, shortening, lard, tallow, bound transportation, but which were beyond in interstate or foreign commerce. salad dressings, and table sauces in ve­ not tendered by the consignees for re­ N ote: If a hearing is deemed necessary, hicles equipped with mechanical refrig­ turn immediately upon their delivery to applicant requests it be held at New York, eration, from Jacksonville, 111., and such consignees. If a hearing is deemed N.Y. points within one (1) mile thereof, to necessary, applicant does not specify No. MC 18088 (Sub-No. 38), filed June points in Arkansas, Indiana, Iowa, Kan­ place of hearing. 1,1965. Applicant: FLOYD & BEASLEY sas, Kentucky, Michigan, Minnesota, No. MC 9148 (Sub-No. 9 ),filed June 14, TRANSFER COMPANY, INC., Post Of­ Missouri, Nebraska, Ohio, and Wiscon­ 1965. Applicant: DEAN THORNTON, fice Drawer 8, Sycamore, Ala. Appli­ sin. N ote: If a hearing is deemed neces­ doing business as KEYSTONE TRUCK­ cant’s attorney: John W. Cooper 805Title sary, applicant requests it be held at St. ING COMPANY, Rushford, N.Y. Appli­ Building, Birmingham, Ala., 35203. Au­ Louis, Mo., or Springfield, 111. cant’s representative: Raymond A. Rich­ thority sought to operate as a common No. MC 21179 (Sub-No. 104), filed ards, 35 Curtice Park, Webster, N.Y., carrier, by motor vehicle, over irregular June 28, 1965. Applicant: BOS LINES, 14580. Authority sought to operate as a routes, transporting: General commodi­ INC., 408 South 12th Avenue, Marshall­ common carrier, by motor vehicle, over ties (except those of unusual value, town, Iowa. Authority sought to oper­ irregular routes, transporting: Petroleum Classes A and B explosives, livestock, ate as a common carrier, by motor ve­ and petroleum products, in bulk, in tank household goods as described by the hicle, over irregular routes, transporting: vehicles, from Bradford, Emlenton, and Commission, commodities in bulk, and (1) Paper products, from Piqtia, Ohio, Farmers Valley, Pa., to points in Connect­ those requiring special equipment), be­ to points in Hlinois, Indiana, Kentucky, icut, Maine, Massachusetts, New Hamp­ tween points in Russell County, Ala., in­ Michigan, New York, and Pennsylvania, shire, Rhode Island, and Vermont; cluding Phénix City, Ala., and its com­ and (2) materials and supplies, from points in New York, east and north of a mercial zone on the one hand, and, on points in Illinois, Indiana, Kentucky, line beginning at the Pennsylvania-New the other, Atlanta, Ga., and Birming­ Michigan, New York, and Pennsylvania, York State line and extending along U.S. ham, Ala. N ote: Applicant states it to Piqua, Ohio. N ote: Applicant states Highway 11 to junction New York High­ proposes to tack authority applied for the above operations will be restricted way 31, north of Syracuse, thence west­ with its existing authority in Docket MC against the transportation of commodi­ erly along New York Highway 31 to junc­ 18088 and Subs 23, 25, and 26 which ties in bulk, in tank vehicles. If a hear­ tion New York Highway 250, thence along authorize operations in Georgia, Ten­ ing is deemed necessary, applicant re­ New York Highway 250 to Lake Ontario; nessee, Alabama, and South Carolina. quests it be held at Chicago, HI., or and points in New Jersey north, east, and If a hearing is deemed necessary, appli­ Washington, D.C. west of Mercer and Monmouth Counties, cant requests it be held at Columbus, Ga. No. MC 21170 (Sub-No. 105) filed June N.J. N ote: If a hearing is deemed nec­ No. MC 21170 (Sub-No. 100), filed 28, 1965. Applicant: BOS LINES, INC., essary, applicant requests it be held at June 21, 1965. Applicant: BOS LINES, Buffalo, N.Y. 408 South 12th Avenue, Marshalltown, INC., 408 South 12th Avenue, Marshall­ Iowa. Authority sought to operate as a No. MC 11220 (Sub-No. 95), filed town, Iowa. Authority sought to oper­ common carrier, by motor vehicle, over June 16, 1965. Applicant: GORDONS ate as a common carrier, by motor ve­ irregular routes, transporting: Meats, TRANSPORTS, INC., 185 West Mc- hicle, over irregular routes, transporting : meat products, and meat byproducts, Lemore Avenue, Memphis, Tenn. Appli­ Electrical appliances, household laundry dairy products, articles distributed by cants attorney r James W. Wrape, 2111 equipment, and equipment, materials meat packinghouses, and such commodi­ Sterick Building, Memphis, Tenn. Au­ and supplies used in the manufacture, ties as are used by meatpackers in the thority sought to operate as a common sale, and distribution of electrical ap­ conduct of their business when destined earner, by motor vehicle, over regular pliances and household laundry equip­ to and for use by meatpackers, as de­ routes, transporting: General commodi­ ment, between Centerville, Iowa,, and scribed in sections A, B, C, and D of ties (except those of unusual valué, points in Illinois, Kansas, Missouri, Min­ Appendix I to the report in Descriptions Classes A and B explosives, household nesota, and Nebraska. Note: If a hear­ in Motor Carrier Certificates, 61 M.C.C. goods as defined by the Commission, ing is deemed necessary, applicant re­ 209 and 766 (except hides and commodi­ commodities in bulk and those requiring quests it be held at St. Louis or Kansas ties in bulk in tank vehicles) from points t t o r í - ®quipment), between junction City, Mo. in Iowa to points in niinois, Kansas, Mis­ u^s. Highways 59 and 271 near Poteau, No. MC 21170 (Sub-No. 101), filed souri, Minnesota, Nebraska, and Wiscon­ UKia., and Broken Bow, Okla.; from junc­ June 21, 1965. Applicant: BOS LINES, tion u.S. Highways 59 and 271 over Ü.S. sin. N ote : If a hearing is deemed neces­ INC., 408 South 12th Avenue, Marshall­ sary, applicant requests it be held at highway 59 to junction U.S. Highway 259, town, Iowa. Authority sought to oper­ thence over U.S. Highway 259 to Broken Omaha,Nebr. ate as a common carrier, by motor ve­ No. MC 21170 (Sub-No. 106), filed June tíow, and return over the same route, hicle, over irregular routes, transporting: serving no intermediate points, but serv- 28, 1965.: Applicant: BOS LINES, INC., Building, paving, and roofing materials, 408 South 12th Avenue, Marshalltown, junction U.S. Highways 59 and 271 from Wilmington, HI., to points in Iowa, Iowa. Authority sought to operate as a purp?ses only as an alternate Kansas, Minnesota, and Nebraska. Common carrier, by motor vehicle, over f°r operating convenience only in Note: If a hearing is deemed necessary, irregular ' routes, transporting: (l) with carrier’s authorized reg- applicant requests it be held at Chicago, Meats, meat products, meat byproducts, operations between Fort HI. and articles distributed by meat pack­ Hugo, ókla., in MC No. MC 21170 (Sub-No. 102), filed inghouses, as described in sections A and deempdS«b/.71* Note: If a hearing is June 28, 1965. Applicant: BOS LINES, Vi- ^ necessary, applicant requests it C of Appendix I to the report in Descrip­ ^ held at Oklahoma City, Okla INC., 408 South 12th Avenue, Marshall­ tions in Motor Carrier Certificates, 61 town, Iowa. Authority soùght to oper­ M.C.C. 209 and 766 (except commodities §702 NOTICES in bulk, in tank vehicles and hides), from No. MC 30720 (Sub-No. 5), filed ience only in connection with carrier’s Taylorville, 111., to points in Connecticut, June 15, 1965. Applicant: BRUNO & regular-route operations. N ote : If a Massachusetts, and Rhode Island, and D’ELIA, INC., 109 McKinley Street, hearing is deemed necessary, applicant (2) empty containers and pallets, from Hackensack, N.J. Authority sought to requests it be held at St. Louis, Mo. points in Connecticut, Massachusetts, operate as a common carrier, by motor No. MC 35484 (Sub-No. 61), filed Jjine and Rhode Island, to Taylorville and Chi­ vehicle, over irregular routes, transport­ 7, 1965. Applicant: VIKING FREIGHT cago, HI. Note: If a hearing is deemed ing: Newsprint, on rolls, from Garfield, COMPANY, a corporation, 1525 South necessary, applicant requests it be held N.J., to points in Nassau, Suffolk, West­ Broadway, St. Louis, Mo., 63104. Appli­ at St. Louis, Mo., or Washington, D.C. chester, and Rockland Couiities, N.Y. cant’s attorney: G. M. Rebman, Suite No. MC 21170 (Sub-No. 108), filed June N ote: If a hearing is deemed necessary, 1230, Boatmen’s Bank Building', St. 28, 1965. Applicant: BOS LINES, INC., applicant requests it be held at New Louis, Mo., 63102. Authority sought to 408 South 12th Avenue, Marshalltown, York, N.Y. operate as a common carrier, by motor Iowa. Authority sought to operate as a No. MC 30837 (Sub-No. 316), filed vehicle, over regular routes, transport­ common carrier, by motor vehicle, over June 8, 1965. Applicant: KENOSHA ing: General commodities (except irregular routes, transporting: Frozen AUTO TRANSPORT CORPORATION, Classes A and B explosives, livestock, foods, from North East, Pa., to points in 4519 76th Street, Kenosha, Wis. Appli­ household goods as defined by the Com­ Iowa, Wisconsin, Minnesota, Nebraska, cant’s attorney:- Paul F. Sullivan, 1815 mission, loose bulk commodities, com­ Missouri, Kansas, and Colorado. Note: H Street NW., Washington, D.C., 20006. modities requiring special equipment, If a hearing is deemed necessary, appli­ Authority sought to operate as a com­ and those injurious or contaminating cant requests it be held at Cleveland, mon carrier, by motor vehicle, over to other lading) , between Indianapolis, Ohio. > irregular routes, transporting: Self- Ind., and Nashville, Tenn., from Indian­ No. MC 21170 (Sub-No. 109), filed June propelled street sweepers, from Irwin- apolis over Interstate Highway 65 to 28, 1965. Applicant: BOS LINES, INC., dale, Calif., to points in the United junction U.S. Highway 31W, thence over 408 South 12th Avenue, Marshalltown, States (except Alaska, Arizona, Hawaii, U.S. Highway 31W to Nashville, and re­ Iowa. Authority sought to operate as a Nevada, and New Mexico). N ote: If a turn over the same route, serving no common carrier, by motor vehicle, over hearing is deemed necessary, applicant intermediate points, but serving for irregular routes, transporting: Meats, requests it be held at Los Angeles, Calif. joinder purposes Indianapolis, Ind., and meat products, meat byproducts and arti­ No. MC 30837 (Sub-No. 317), filed Nashville, Tenn., as an alternate route cles distributed by meat packinghouses June 14, 1965. Applicant: KENOSHA for operating convenience only in con­ (except commodities in bulk, in tank ve­ AUTO TRANSPORT CORPORATION, nection with carrier’s regular-route hicles) , from Phelps City, Mo., to points 4519 76th Street, Kenosha, Wis. Appli­ operations between Indianapolis, Ind., in Connecticut, Delaware, Maine, Mary­ cant’s attorney: Paul F. Sullivan, 1815 on the one hand, and, on the other, land, Massachusetts, New Hampshire, H Street NW., Washington, D.C., 20006. points in Tennessee (except Nashville, New Jersey, New York, Ohio, Pennsyl­ Authority sought to operate as a common Tenn., and points in the Nashville com­ vania, Rhode Island, Tennessee, Ver­ carrier, by motor vehicle, over irregular mercial zone), and points in Louisiana mont, Virginia, West Virginia, and the routes, transporting: Trailers, in initial and Mississippi. N ote: Applicant states District of Columbia. Note : If a hearing movements, in truckaway service, from in connection with the above-proposed is deemed necessary, applicant requests Streator, HI., and points within five (5) operation it will not seek authority to it be held at Kansas City, Mo., or Omaha, miles thereof, to points in the United transport shipments between Indian­ Nebr. States (except Alaska and Hawaii). apolis, Ind., and points in the Indian­ No. MC 25798 (Sub-No. 132), filed N ote: If a hearing is deemed necessary, apolis commercial zone, on the one hand, June 16, 1965. Applicant: CLAY HYDER applicant requests it be held at Wash­ and, on the other, Nashville, Tenn., and TRUCKING LINES, INC., 520 East ington, D.C. points in the Nashville commercial zone, Bridgers Avenue, Auburndale, Fla. Au­ No. MC 31600 (Sub-No. 593), filed June including shipments moving locally be­ thority sought to operate as a common 21, 1965. Applicant: P. B. MUTRIE tween said points, or in joint or interline carrier, by motor vehicle, over irregular MOTOR TRANSPORTATION, INC., service to or from either of said points, routes, transporting: Meats, meat prod­ Calvary Street, Waltham, Mass., 02154. nor will the route be used by applicant ucts, and meat byproducts and articles Applicant’s attorney: Harry C. Ames, as a bridge carrier between said points. distributed by meat packinghouses, as de­ Transportation Building, Washington, If a hearing is deemed necessary, appli­ scribed in sections A and C of Appendix D.C., 20006. Authority sought to oper­ cant requests it be held at St. Louis, Mo. I to the report in Descriptions in Motor ate as a common carrier, by motor vehi­ No. MC 35484 (Sub-No. 62), filed June Carrier Certificates, 61 M.C.C. 209 and cle, over irregular routes, transporting: 11,.1965. Applicant: VIKING FREIGHT 766 (except hides and commodities in Petroleum tanners oil, in bulk, in tank COMPANY, a corporation, 1525 South bulk, in tank vehicles), from the plant vehicles, from East Boston, Mass., to Broadway, St. Louis, Mo., 63104. Appli­ site of Missouri Beef Packers, Ihc., Gloversville, N.Y. N ote: If a hearing cant’s attorney: Harold D. Miller, Jr., located at or near Phelps City, Mo., to is deemed necessary, applicant does not Post Office Box 1250, Jackson, Miss., points in Alabama, Florida, Georgia, specify a location. 39205. Authority sought to operate as North Carolina, and South Carolina. No. MC 35484 (Sub-No. 60), filed June a common carrier, by motor vehicle, over Note: If a hearing is deemed necessary, 9, 1965. Applicant: VIKING FREIGHT regular routes, transporting: General applicant requests it be held at Kansas COMPANY, a corporation, 1525 South commodities (except those of unusual City, Mo., or Omaha, Nebr. Broadway, St. Louis, Mo., 63104. Appli­ value, Classes A and B explosives, house­ No. MC 29886 (Sub-No. 209), filed cant’s attorney: G. M. Rebman, Suite hold goods as defined by the Commission, June 16, 1965. Applicant: DALLAS & 1230, Boatmen’s Bank Building, St. commodities in bulk, commodities re­ MAVIS FORWARDING CO., INC., 4000 Louis, Mo., 63102. Authority sought to quiring special equipment, and those in­ West Sample Street, South Bend, Ind. operate as a common carrier, by motor jurious or contaminating to other lad­ Applicant’s attorney: Charles M. Pier- vehicle, over regular routes, transport­ ing) , between Jackson, Miss., and oni, 4000 West Sample Street, South ing: General commodities (except those Hattiesburg, Miss., over U.S. Highway Bend 21, Ind. Authority sought to of unusual value, Classes A and B explo­ 49, serving no intermediate points and operate as a common carrier, by motor sives, ^household goods as defined by the serving Jackson, Miss., for joinder pur­ vehicle, over irregular routes, transport­ Commission, commodities in bulk, com­ poses only, as a n ' alternate route for ing: Trucks, in initial movement, in modities requiring special equipment, operating convenience only in connec­ truckaway service, from Decatur, HI., to and those injurious or contaminating to tion with applicant’s authorized regular- points in Connecticut, Delaware, In­ other lading), between Martin and Como, route operations between Memphis, diana, Maine, Maryland, Massachusetts, Tenn., from Martin over Tennessee High­ Tenn., and Hattiesburg, Miss., restricted Michigan (except the Upper Peninsula), way 22 to junction Tennessee Highway against the handling of local traffic, New Hampshire, New Jersey, New York, 89, thence over Tennessee Highway 89 whether interline or other moving be­ Ohio, Pennsylvania, Rhode Island, Ver­ to junction Tennessee Highway 54, tween Jackson and Hattiesburg, Miss. mont, West Virginia, and the District of thence over Tennessee Highway 54 to Como, and return over the same route, Note: If a hearing is deemed necessary, Columbia. Note : If a hearing is deemed applicant requests it be held at Jackson, necessary, applicant requests it be held serving no intermediate points, as an at Washington, D.C., or Chicago, HI. alternate route for operating conven­ Miss. Friday, July 9, 1965 FEDERAL REGISTER 8703 No. MC 35484 (Sub-No. 63), filed June (except petrochemicals), in bulk, in tank General commodities (except those of 11,1965. Applicant: VIKING FREIGHT vehicles, from Swanton, Ohio, to points unusual value, Classes A and B explo­ COMPANY, a corporation, 1525 South in Florida, Georgia, Kentucky, North sives, household goods as defined by the Broadway, St. Louis, Mo., 63104. Appli­ Carolina, Pennsylvania, and South Caro­ Commission, commodities in bulk, and cant’s attorney: Harold D. Miller, Jr., lina. N ote: The purpose of this repub­ commodities requiring special equip­ Post Office Box 1250, Jackson, Miss., lication is to add Kentucky and Pennsyl­ ment) , between St. Louis, Mo., and 39205. Authority sought to operate as vania to the destination States. If a Chicago, 111., (1) over Interstate High­ a common carrier, by motor vehicle, over hearing is deemed necessary, applicant way 55 and (2) from St. Louis over regular routes, transporting: General requests it be held at New York City, Interstate Highway 70 to junction U.S. commodities (except those of unusual N.Y. Highway 45, at or near Effingham, 111., value, Classes A and B explosives, house­ No. MC 50069 (Sub-No. 326), filed thence over U.S. Highway 45 to junction hold goods as defined by the Commission, June 8, 1965. Applicant: REFINERS Interstate Highway 55, thence over In­ commodities in bulk, commodities re­ TRANSPORT & TERMINAL CORPO­ terstate Highway 55 to Chicago, and re­ quiring special equipment, and those in­ RATION, 111 West Jackson Boulevard, turn over the same route, as alternate jurious or contaminating to other lad­ Chicago, 111. Authority sought to operate routes for operating convenience only, ing) , between junction Mississippi High­ as a common carrier, by motor vehicle, serving no intermediate points, with way 15 and U.S. Highway 80 at or near over irregular routes, transporting: Am­ service at Chicago restricted to apply Newton, Miss., and Laurel, Miss., over monium nitrate, urea, fertilizer mate­ only on traffic destined for or originating Mississippi Highway 15, serving no inter­ rials, and fertilizer ingredients, other at points authorized to be served by the mediate points, as an alternate route for than liquid, from the plantsite of the carrier which are located west of Bea­ operating convenience only in connec­ American Cyanamid Co. at South River, trice, Nebr. N ote: If a hearing is tion with applicant’s authorized regular- Mo. (located near Palmyra), in Marion deemed necessary, applicant requests it route operations. N o te: If a hearing is County, Mo., to points in Arkansas, Illi­ be held at Denver, Colo. deemed necessary, applicant requests it nois, Indiana, Iowa, Kansas, Kentucky, No. MC 52752 (Sub-No. 13), filed June be held at Jackson, Miss. Michigan, Minnesota, Missouri, Nebras­ 8,1965. Applicant: WESTERN TRANS­ No. MC 40428 (Sub-No. 12), filed June ka, North Dakota, Ohio, Oklahoma, PORTATION COMPANY, a corporation, 7, 1965. Applicant: CROSS TRANS­ South Dakota, Tennessee, Texas, and 1300 West 35th Street, Chicago, 111. Ap­ PORTATION, INC., Carll’s Corner, Wisconsin. N ote : If a hearing is deemed plicant’s attorney: David Axelrod, 39 I Bridgeton, N.J. Applicant’s representa­ necessary applicant does not specify South La Salle Street, Chicago 3, HI. tive: Bert Collins, 140 Cedar Street, New place of hearing. Authority sought to operate as a common York, N.Y. Authority sought to operate- No. MC 52460 (Sub-No. 74), filed June carrier, by motor vehicle, over irregular as a common carrier, by motor vehicle, 14, 1965. Applicant: HUGH BREED­ routes, transporting: Fiberboard and over irregular routes, transporting: Glass ING, INC., 1420 West 35th Street, Post paperboard boxes, from Clinton, Iowa, containers, and, when moving as part Office Box 9515, Tulsa, Okla. Appli­ to Woodstock, HI. Note: It a hearing loads in connection therewith, corru­ cant’s attorney: James W. Wrape, 2111 is deemed necessary, applicant requests gated boxes, knocked down, caps and Sterick Building, Memphis 3, Tenn. Au­ it be held at Chicago, 111. closures, plastic containers, plastic caps, thority sought to operate as a common ' No. MC 55848 (Sub-No. 35), filed June plastic closures, and accessories for all carrier, by motor vehicle, over irregular 10, 1965. Applicant: HUCKABEE the aforementioned commodities, from routes, transporting: Ammonium nitrate, TRANSPORT CORP., Post Office Box points in Hudson County, N.J., to points urea, fertilizer, fertilizer materials, and 479, Columbia, S.C. Applicant’s attor­ in Connecticut, Delaware, Maine, Mary­ fertilizer ingredients, other than liquid, ney: Paul M. Daniell, 1600 First Federal land, Massachusetts, New Hampshire, in bulk, and in bags and other containers, Building, Atlanta, Ga., 30303. Author­ New York, Pennsylvania, Rhode Island, from the plantsite of the American ity sought to operate as a common car­ Vermont,^ Virginia, West Virginia, and Cyanamid Co. at South River (Marion rier, by motor vehicle, over irregular the District of Columbia. N ote: Appli­ County), Mo., to point in Arkansas, Illi­ routes, transporting: General commodi­ cant states duplicating authority is not nois, Indiana, Iowa, Kansas, Kentucky, ties (except those of unusual value, requested. If a hearing is deemed neces­ Michigan, Minnesota, Missouri, Ne­ Classes A and B explosives, household sary, applicant requests it be held at braska, North Dakota, Ohio, Oklahoma, goods as defined in Practices of Motor Washington, D.C., or New York, N.Y. South Dakota, Tennessee, Texas, and Common Carriers of Household Goods, No. MC 41347 (Sub-No. 5), filed June Wisconsin, and refused and rejected 17 M.C.C. 467, commodities in bulk and 7, 1965. Applicant: DE BACK CART­ shipments on return. N ote: If a hear­ those requiring special equipment) , be­ AGE COMPANY, INC., 4841 West Bum- ing is deemed necessary, applicant re­ tween Columbus, Ga., on the one hand, ham Street, Milwaukee, Wis. Applicant’s quests it be held at St. Louis, Mo. and, on the other, points in Russell Coun­ attorney: William C. Dineen, 412 Em­ No. MC 52460 (Sub-No. 75), filed June ty, Ala. N ote: Applicant states that it pire Building, Milwaukee, Wis. Authority 10, 1965. Applicant: HUGH BREED­ intends to tack the above-proposed au­ sought to operate as a contract carrier, by ING, INC., 1420 West 35th Street, Post thority with that authority previously motor vehicle, over irregular routes, Office Box 9515, Tulsa, Okla. Applicant’s granted wherein applicant is authorized transporting: Metal shipping containers attorney: James W. Wrape, 2111 Sterick to serve points in North Carolina, South and equipment, materials, and supplies Building, Memphis 3, Tenn. Authority Carolina, and Georgia. If a hearing is used or useful in the manufacture of sought to operate as a common carrier, deemed necessary, applicant requests it metal shipping containers, metal stamp­ by motor vehicle, over irregular routes, be held at Columbus, Ga. ings and products manufactured there­ transporting: Anhydrous ammonia, am­ No. MC 57315 (Sub-No. 7), filed June from, builders’ hardware, luggage hard­ monium nitrate, urea, nitric acid, sul­ 17, 1965. Applicant: TRI-STATE ware, frames, and trimmings, toilet, lav­ phuric acid^ and fertilizer-solutions, in TRANSPORT, INC., 40 “B” Street, Bos­ atory, and dressingroom steel stall parti- bulk, in tank vehicles, from the plantsite ton, Mass. Applicant’s attorney: Frank tuins, and steel shower stalls, from points of American Cyanamid Co. at South J. Weiner, 182 Forbes Building, Forbes in Cook and Lake Counties, 111., to Mil­ River (Marion County), Mo., to points Road, Braintree, Mass., 02184. Author­ waukee, Wis. N o te: If a hearing is in Arkansas, Illinois, Indiana, Iowa, ity sought to operate as a common car­ necessary, applicant requests it Kansas, Kentucky, Michigan, Minnesota, ^.neld at Milwaukee, Wis. rier, by motor vehicle, over irregular Missouri, Nebraska, North Dakota, Ohio, routes, transporting: (1) Fruits, fruit MTp£™Ci 0069 (Sub-No. 323) (AMEND- Oklahoma, South Dakota, Tennessee, May W. 1965, published juices, table sauces, and salad dressings, Texas, and Wisconsin, and refused and in vehicles equipped with mechanical re­ federal R egister issue of June 3 , 1965, rejected shipments on return. N ote: amended^June 21, 1965, and republished If a hearing is deemed necessary, appli­ frigeration (restricted against the trans­ ™ m fod<^ this lssue- Applicant: RE- cant requests it be held at St. Louis, Mo. portation of such commodities in bulk, in TE^NSPORT & TERMINAL No. MC 52709 (Sub-No. 267), filed June tank vehicles), from Boston, Mass., to b£ ? ^ ° ^ ATK N’ 111 West Jackson 21, 1965. Applicant: RINGSBY TRUCK points in Connecticut, and (2) frozen tw S T d’ Chl°ago, 111., 60604. Au- LINES, INC., 3201 Ringsby Court, Denver, foods, from Boston and Watertown, carricL to operate as a pommon Colo., 80216. Authority sought to oper­ Mass., to points in Connecticut. N ote: rout*« ’ f*y motor vehicle, over irregular ate as a common carrier, by motor vehi­ ouies, transporting: Liquid chemicals If a hearing is deemed necessary, appli­ cle, over regular routes, transporting: cant requests it be held at Boston, Mass. 8704 NOTICES thority sought to operate as a contract No. MC 58998 (Sub-No. 4), filed June lading), between Kansas City, Mo., and Denver, Colo.; from Kansas City over carrier, by motor vehicle, over irregular 17, 1965. Applicant: WILLIAM P. routes, transporting: (1) Rubber tire HAWS, doing business as H & H TRUCK­ Interstate Highway 70 (over U.S. High­ ways 40, 83, and 24 as access routes be­ treads and tubes, and materials used in ING CO., 2 Enterprise Avenue, Trenton, the process of retreading, except those N.J. Authority sought to operate as a tween completed segments of Interstate Highway 70) to Denver and return over materials, in bulk, in tank vehicles, for common carrier, by motor vehicle, over the account of Oliver Tirecap Supply irregular routes, transporting: Minerals, the same route, serving no intermediate points, as an alternate route for operat­ Co., from Flemington, N.J. to points in earth, colors, and pigments, from Tren­ Indiana, Illinois, Missouri, and Wiscon­ ton, N.J., to Philadelphia, Pa., and re­ ing convenience only in connection with applicant’s authorized regular-route op­ sin, (2) returned shipments of the above- jected, damaged, and unused material, mentioned commodities, from points in on return. N ote : If a hearing is deemed erations. N ote : Common control may be involved. If a hearing is deemed neces­ the above-spècified destination States to necessary, applicant requests it be held Flemington, N.J., and (3) rubber com­ at Trenton, N. J. sary, applicant requests it be held at Kansas City, Mo. pounds, except in bulk, in tank vehicles, No. MC 59680 (Sub-No. 147), filed June for the account of Oliver Tirecap Sup­ 16, 1965. Applicant: STRICKLAND No. MC 77005 (Sub-No. 5), filed June 11,1965. Applicant: The CORAOPOLIS ply Co., from Burton, Ohio, Dyersburg, TRANSPORTATION CO., INC., Post Of­ Term., and Borger, Tex., to Flemington, fice Box 5689, Dallas, Tex. Applicant’s TRANSFER AND STORAGE COM­ PANY, a corporation, First and Talbot N.J. N ote: If a hearing is deemed nec­ attorney: W. T. Brunson, 419 Northwest essary, applicant requests it be held at Sixth Street, Oklahoma City 3, Okla. Streets, Braddock, Pa. Applicant’s at­ Authority sought to operate as a common torney: Henry M. Wick, Jr., 1515 Park New York, N.Y. Building, Pittsburgh, Pa. Authority No. MC 92983 (Sub-No. 472), filed carrier, by motor vehicle, over regular June 16, 1965. Applicant: ELDON MIL­ routes, transporting: General commodi­ sought to operate as a common carrier, by motor vehicle, over irregular routes, LER, INC., Post Office Drawer 617, Kan­ ties (except those of unusual value, sas City, Mo., 64141. Authority sought Classes A and B explosives, household transporting: Iron and steel and iron and steel articles, as described in Appendix to operate as a common carrier, by motor goods as defined by the Commission, com­ vehicle, over irregular routes, transport­ modities in bulk, and those requiring V to report in Descriptions in Motor Car­ rier Certificates, 61 M.C.C. 209, 276—279, ing: Acids and chemicals, in bulk, from special equipment), (1) between Atlanta, points in Buchanan, Clinton, and La­ Ga., and Texarkana, Ark., from Atlanta between Cleveland, Lorain, and McDon­ ald, Ohio, on the one hand, and, on fayette Counties, Mo., to points in Illi­ over U.S. Highway 78 to Birmingham, nois, Indiana, Iowa, and Ohio. N ote: Ala., thence over U.S. Highway 11 to the other, points in Illinois, Indiana and the Lower Peninsula of Michigan. If a hearing is deemed necessary, appli­ junction U.S. Highway 82, thence over cant requests it be held at Kansas City, U.S. Highway 82 to Texarkana, and re­ N ote : If a hearing is deemed necessary, applicant requests it be held at Pitts­ Mo. turn over the same route, serving the in­ No. MC 94350 (Sub-No. 79), filed termediate points of Birmingham, Ala., burgh, Pa. June 10, 1965. Applicant: TRANSIT Greenville, Miss., and those points on No. MC 78947 (Sub-No. 6), filed June 21, 1965. Applicant: ELLIOTT BROS. HOMES, INC., 210 West McBee Avenue, U.S. Highway 82 within the State of Ar­ Post Office Box 1628, Greenville, S.C. kansas, and (2) between Atlanta, Ga., TRUCK LINE, INC., Dysart, Iowa. Applicant’s representative: Kenneth F. Authority sought to operate as a com­ and Shreveport, La., from Atlanta over mon carrier, by motor vehicle, over ir­ U.S. Highway 78 to Birmingham, Ala., Dudley, 901 South Madison Avenue, regular routes, transporting: Portable thence over U.S. Highway 11 to junction Post Office Box 279, Ottumwa, Iowa, 52502. Authority sought to operate as a buildings, traveling on their own or re­ U.S. Highway 80, thence over U.S. High­ movable undercarriages which are de­ way 80 to Shreveport, and return over the common carrier, by motor vehicle, over regular routes, transporting: Such mer­ signed to be joined together to form a same route, serving the intermediate complete structure equipped with hitch points of Jackson, Miss., and Monroe, La., chandise as is dealt in by retail hard­ ball coupler, excluding trailers or mobile with service to Monroe, La., being for ware dealers, serving the Bethlehem homes designed to be drawn by passen­ purposes of joinder only. Note: Appli­ Steel Co. plant at Burns Harbor, Porter ger automobiles, and oilfield or indus­ cant does not specify place of hearing if County, Ind., as an off-route point in trial buildings, from points in Vermont one is deemed necessary. connection with applicant’s authorized to points in Louisiana and points in No. MC 70322 (Sub-No. 5), filed June regular-route operations between Chi­ States east of the Mississippi River, 17, 1965. Applicant: LOUIS MERIDY, cago, 111., and Waterloo, Iowa. Note: If namely, Alabama, Connecticut, Dela­ doing business as M. & S. TRANSPORTA­ a hearing is deemed necessary, applicant ware, Florida, Georgia, Hlinois, Indiana, TION COMPANY, 384 Wethersfield Ave- requests it be held at Chicago, HI. Kentucky, Maine, Maryland, Massachu­ nue/Rear, Hartford, Conn. Applicant's No. MC 84212 (Sub-No. 29), filed June setts, Michigan, Mississippi, New Hamp­ attorney: Morton E. Kiel, 140 Cedar 14, 1965. Applicant: DORN’S TRANS­ shire, New Jersey, New York, North Street, New York 6, N.Y. Authority PORTATION, INC., Railroad Avenue Ex­ Carolina, Ohio, Pennsylvania, Rhode sought to operate as a common carrier, tension, Albany 5, N.Y. Applicant’s Island, South Carolina, Tennessee, Ver­ by motor vehicle, over irregular routes, attorney: John J. Brady, Jr., 75 State mont, Virginia, West Virginia, Wiscon­ transporting: Mats, molds, plates, shells, Street, Albany 7, N.Y. Authority sought sin, and the District of Columbia, and vinylites, magazines, magazine parts, and to operate as a common carrier, by motor damaged and rejected shipments on re­ inserts, from Bradley Field, Windsor vehicle, over regular routes, transport­ turn. Note: If a hearing is deemed Locks, Conn., to Albany, N.Y. Restricted ing: General commodities (except those necessary, applicant requests it be hei to traffic having a prior movement by air. of u n u su al value, Classes A and B ex­ at Montpelier, Vt. , N ote: If a hearing is deemed necessary, plosives, household goods as defined by No. MC 94350 (Sub-No. 80), med applicant requests it be held at Hartford, the Commission, commodities in bulk, June 11, 1965. Applicant: TRANSIT Conn. commodities requiring special equip­ HOMES, INC., 210 West McBee Avenue, No. MC 76266 (Sub-No. 109), filed May ment and those injurious or contaminat­ Post Office Box 1628, Greenville, S.u 27, 1965. Applicant: ADMIRAL-MER­ ing to other lading), between Syracuse Authority sought to operate as a com­ CHANTS MOTOR FREIGHT, INC., 2625 and Maple View, N.Y. over U.S. Highway mon carrier, by motor vehicle, over ir­ Territorial Road, St. Paul 14, Minn. Ap­ 11, serving no intermediate points as an regular routes, transporting: Portaoie plicant’s attorney: William O. Turney, alternate route for operating convenience buildings traveling on their own or re­ 2001 Massachusetts Avenue NW., Wash­ only in connection with carrier’s regular- movable undercarriages, which are a - ington, D.C., 20036. Authority sought to route operations. Note: If a hearing signed to be joined together to form a operate as a common carrier, by motor is deemed necessary, applicant requests complete structure equipped w ith junm vehicle, over regular routes, transport­ it be held at Albany, N.Y. ball coupler (excluding trailers or mobue ing: General commodities (except those No. MC 87720 (Sub-No. 32), filed June homes designed to be drawn by . of unusual value, Classes A and B explo­ 1, 1965. Applicant: BASS TRANSPOR­ ger automobiles and oilfield or indus sives, household goods as defined by the TATION CO., INC., Star Route A-Old buildings) . from points in Ohio, to Commission, commodities in bulk, com­ Croton Road, Flemington, N.J. Appli­ in the United States, including Alaska cant’s representative; Bert Collins, 140 modities requiring special equipment and (but excluding points in Hawaii), those in jurious or contaminating to other Cedar Street, New York 6, N.Y. Au- Friday, July 9, 1965 FEDERAL REGISTER 8705 damaged and rejected shipments of the New Hampshire, New Jersey, New York, is not sought. Common control may be commodities specified above, on return. North Carolina, Ohio, Pennsylvania, involved. If a hearing is deemed neces­ Note: If a hearing Is deemed necessary, Rhode Island, South Carolina, Tennes­ sary, applicant requests it be held at applicant requests it be held at Colum­ see, Vermont, Virginia, West Virginia, Lincoln or Omaha, Nebr. bus, Ohio. , Wisconsin, and the District of Columbia No. MC 98088 (Sub-No. 13), filed June No. MC 94350 (Sub-No. 81), filed and damaged and rejected shipments, on 14,1965. Applicant: LINDLEYTRUCK­ June 14, 1965. Applicant; TRANSIT return. N ote: If a hearing is deemed ING SERVICE, INC., 1701 Grand Ave­ HOMES, INC., 210 West McBee Avenue, necessary, applicant requests it be held nue, Granite City, 111. Applicant’s attor­ Post Office Box 1628, Greenville, S.C. at Indianapolis, Ind. ney: Dale Woodall, 150 East Court Ave­ Authority sought to operate as a com­ No. MC 94350 (Sub-No. 84), filed nue, Memphis, Tenn., 38101. Authority mon carrier, by motor vehicle, over ir­ June 17, 1965. Applicant: TRANSIT sought to operate as a common carrier, regular routes, transporting: Portable HOMES, INC., 210 West McBee Avenue, by motor vehicle, over irregular routes, buildings traveling on their own or re­ Post Office Box 1628, Greenville, S.C. transporting: Iron and steel articles, movable undercarriages which are de­ Applicant’s attorney: Henry P. Willi­ from Alton, Granite City and Madison, signed to be joined together to form a mon, Box 1075, Greenville, S.C. Au­ 111., and St. Louis, Mo., to points in Min­ complete structure, equipped with hitch thority sought to operate as a common nesota, Nebraska, North Dakota, and ball coupler, excluding trailers or mobile carrier, by motor vehicle, over irregular homes designed to be drawn by passenger South Dakota, and rejected and refused routes, transporting: Portable buildings shipments on return. Note: If a hear­ automobiles, and oilfield or industrial traveling on their own or removable ing is deemed necessary, applicant re­ buildings, from points in Texas to points undercarriages which are designed to be quests it be held at St. Louis, Mo. in Louisiana and those in States west joined together to form a complete struc­ No. MC 98869 (Sub-No. 2), filed June of the Mississippi River; namely, Ari­ ture, equipped with hitch ball coupler 14, 1965. Applicant: KOSCHKEE zona, Arkansas, California, Colorado, (excluding trailers or mobile homes de­ TRANSFER, INC., Fennimore, Wis. Au­ Idaho, Iowa, Kansas, Minnesota, Mis­ signed to be drawn by passenger auto­ thority sought to operate as a common souri, Montana, Nebraska, Nevada, New mobiles and oilfield or industrial build­ carrier, by motor vehicle, over regular Mexico, North Dakota, Oklahoma, Ore­ ings) , from points in Mississippi, to routes, transporting: General commodi­ gon, South Dakota, Texas, Utah, Wash­ points in Louisiana and points in those ties (except, those of unusual value, ington, and Wyoming, and damaged or states east of thè Mississippi River; Classes A and B explosives, household rejected shipments, on return. N ote: namely, Alabama, Connecticut, Dela­ goods as defined by the Commission, If a hearing is deemed necessary, appli­ ware, Florida, Georgia, Illinois, Indiana, commodities in bulk and those requiring cant requests it be held at Austin, Tex. Kentucky, Maine, Maryland, Michigan, special equipment), (1) between Madi­ No. MC 94350 (Sub-No. 82), filed Massachusetts, Mississippi, New Hamp­ son, Wis., and Prairie du Chien, Wis.,, June 14, 1965. Applicant: TRANSIT shire, New Jersey, New York, North over U.S. Highway 18, serving all inter­ HOMES, INC., 210 West McBee Avenue, Carolina, Ohio, Pennsylvania, Rhode Box 1628, Greenville, S.C., 29602. Au­ mediate points, restricted against service Island, South Carolina, Tennessee, Ver­ wholly between Madison, Dodgeville, and thority sought to operate as a common mont, Virginia, West Virginia, Wiscon­ carrier, by motor vehicle, over irregular points intermediate to Madison and sin, and the District of Columbia, and Dodgeville, Wis.; (2) between Fenni­ routes, transporting: Portable buildings damaged and rejected shipments, on traveling on their own or removable more, Wis., and the Iowa-Wisconsin réturn. N ote : If a hearing is deemed State line, over U.S. Highway 61, serv­ undercarriages which are designed to be necessary, applicant requests it be held joined together to form a complete at Jackson, Miss, ing all intermediate points;, (3) between structure, equipped with hitch ball No. MC 95540 (Sub-No. 642), filed Highland, Wis., and Platteville, Wis., coupler (excluding trailers or mobile June 4, 1965. Applicant: WATKINS over Wisconsin Highway 80, serving all homes designed to be drawn by pas­ MOTOR LINES, INC., Albany Highway, intermediate points; (4) between Platte­ senger automobiles and oilfield or in­ Thomasville, Ga. Applicant’s repre­ ville, Wis.; and Cassville, Wis., over Wis­ dustrial buildings), from points in sentative: Jack M. Holloway (same as consin Highway 81, serving all interme­ Nebraska, to points in Louisiana and applicant). Authority sought to operate diate points; (5) between Platteville, points in those states west of the Mis­ as a common carrier, by motor vehicle, Wis., and junction U.S. Highways 151 sissippi River; namely, Washington, over irregular routes, transporting: and 61 at Dickeyville, Wis., over U.S. Oregon, California, Arizona, Nevada, Meats, meat products and meat byprod­ Highways 151, serving all intermediate Idaho, Utah, New Mexico, Colorado, ucts (except commodities in bulk, in points;, (6) between Bloomington, Wis., Wyoming, Montana, North Dakota, tank vehicles), from Louisville, Ky., to and junction Wisconsin Highway 133 and South Dakota, Nebraska, Kansas, Okla­ points in Alabama, Georgia, Louisiana, U.S. Highway 61, over Wisconsin High­ homa, Texas, Arkansas, Missouri, Iowa, way 133, serving all intermediate points; Mississippi, North Carolina, South Caro­ (7) between Prairie du Chien, Wis., and and Minnesota and damaged and re­ lina, Tennessee, and Florida. Note: jected shipments, on return. N ote : If Common control may be involved. If junction Wisconsin Highways 35 and a hearing is deemed necessary, applicant a hearing is deemed necessary, applicant 81, over Wisconsin Highway 35, serving requests it be held at Lincoln, Nebr. requests it be held at Louisville, Ky. all intermediate points; (8) between i No MC 94350 (Sub-No. 83), filed June No. MC 95540 (Sub-No.\645) , filed June Stitzer, Wis., and junction Grant Coun­ lb, 1965. Applicant: TRANSIT HOMES, 17,1965. Applicant: WATKINS MOTOR ty Highway F and U.S, Highway 18, over INC., 210 West McBee Avenue, Post Office LINES, INC., Albany Highway, Thomas­ Grant County Highway F, serving all box 1628, Greenville, S.C. Applicant’s ville, Ga. Applicant’s representative: intermediate points; (9) between Stitzer, attorney: Henry P. Willimon, Box 1075, Jack M. Holloway (same address as ap­ Wis., and junction Grant County High­ Greenville, S.C. Authority sought to plicant) , Authority sought to operate as way E and U.S. Highway 61, over Grant operate as a common carrier, by motor a common carrier, by motor vehicle, over County Highway E, serving all interme­ y^kicle, over irregular routes, transport­ irregular routes, transporting: Meats, diate points; (10) between Beetown, Wis., ing: Portable buildings traveling on their meat products, meat byproducts and ar­ and junction Grant County Highway V own or removable undercarriages which ticles distributed by megt packinghouses, and Wisconsin Highway 133, over Grant are designed to be joined together to as described in Appendix I, Descriptions County Highway V, serving all inter­ ^complete structure, equipped with in Motor Carrier Certificates, 61 M.C.C. mediate points; (11) between junction biT ccmpler (excluding trailers or 209 (272-273), from Denisofi and Iowa Grant County Highway K and U.S. High­ mobile homes designed to be drawn by Falls, Iowa, to points in Connecticut, way 61 and junction Grant County High­ passenger automobiies and oilfield or in- Delaware, Maine, Maryland, Massachu­ way K and U.S. Highway 18, over Grant from Points in In- setts, New Hampshire, New Jersey, New County Highway K, serving all interme­ P°mts in Louisiana and points York, Pennsylvania, Rhode Island, Ver­ diate points; (12) between Livingston, Riviv°S® Stat,es east of the Mississippi mont, Virginia, West Virginia, Wisconsin, Wis., and Rewey, Wis., over Iowa County vna^.ely’ Alabama, Connecticut, and the District of Columbia, and Lin­ Highway E,-serving all intermediate Geor^ia. Illinois, In- coln, and Omaha, Nebr. N ote: Appli­ points; and (13) between Rewey, Wis., Michi ÈranKer^ Cky’ ^ Maine' Maryland, cant states authority to transport'hides and junction Iowa and Grant County 8an, Massachusetts, Mississippi, or commodities in bulk, in tank vehicles, Highways A and Wisconsin Highway 80, 8706 NOTICES over Iowa and Grant County Highways thority sought to operate as a common Oreg. Applicant’s attorney: George H. A, serving all intermediate points. Note: carrier, by motor vehicle, over irregular Hart, 1100 IBM Building, Seattle, Wash. If a hearing is deemed necessary, appli­ routes, transporting: Petroleum prod­ Authority sought to operate as a com­ cant requests it he held at Madison, Wis. ucts, in containers, antifreeze, in con­ mon carrier, by motor vehicle, over ir­ No. MC 99090 (Sub-No. 6) , filed June tainers, and starting fluid, An. containers, regular routes, transporting: Dry chemi­ 16, 1965. Applicant: YATES TRUCK from the plant site of the Pioneer Termi­ cals and dry fertilizer and liquid ferti­ LINES, INC., Maud, Ky. Applicant’s nal, Inc., doing business as Pioneer Oil lizer, in bulk, in tank vehicles, and re­ attorney: Robert M. Pearce, Central Co., at Philadelphia, Pa., to Baltimore, jected and contaminated shipments of Building, 1033 State Street, Bowling Md„ Akron, Boardman, and Cleveland, the commodities specified, between points Green, Ky. Authority sought to oper­ Ohio, Providence, R.I., Richmond, Va., in Columbia County, Oreg., on the one ate as a common carrier, by motor ve­ Wheeling, W. Va., and points in Con­ hand, and, on the other, points inrWash­ hicle, over irregular routes, transport­ necticut, Massachusetts, New Jersey, ington and Idaho. N ote : If a hearing is ing: Feed, feed ingredients, and insecti­ and New York. N ote: If a hearing is deemed necessary, applicant requests it cides, from Cincinnati, Ohio to points in deemed necessary, applicant requests it be held at Seattle, Wash., or Portland, Kentucky, and returned and rejected be held at Washington, D.C. Oreg. shipments on return. N ote : If a hearing No. MC 107002 (Sub-No. 257), filed No. MC 108335 (Sub-No. 4), filed June is deemed necessary, applicant requests June 21, 1965. Applicant: HEARIN- 11,1965. Applicant : ALL PURPOSE AP­ it be held at Cincinnati, Ohio. MILLER TRANSPORTERS, INC., Post PLIANCE DELIVERIES, INC., 32-04 No. MC 105172 (Sub-No. 7), filed June Office Box 1123, Highway 80 West, Jack- Northern Boulevard, Long Island City, 14, 1965. Applicant: GORDON DEHM- son, Miss, Applicant’s attorneys: Harry N.Y. Applicant’s attorney: Morris LER, doing business as COVERED C. Ames, Jr., 529 Transportation Build­ Honig; 150 Broadway, New York 38, N.Y. WAGON TRAIN, 45 Clara Barton Street, ing, Washington, D.C., and H. D. Miller, Authority sought to operate as a con­ Dansville, N.Y. Applicant’s representa­ Jr., Post Office Box 1250, Jackson, Miss. tract carrier, by motor vehicle, over ir­ tive: Raymond A. Richards, 35 Curtice Authority sought to operate as a com­ regular routes, transporting: Stereo­ Park, Webster, N.Y., 14580. Authority mon carrier, by motor vehicle, over ir­ phonic 'record players and combination sought to operate as a common carrier, regular routes, transporting: Sodium stereophonic record players, radio and by motor vehicle, over irregular routes, chlorate, in bulk, from points in television receiving sets and combination transporting: Petroleum and petroleum Lowndes and Monroe Counties, Miss., stereophonic record players and televi­ products, in bulk, in tank vehicles, from to points in Alabama, Arkansas, Florida, sion receiving sets, from Long Island, Bradford, Emlenton, and Farmers Georgia, Louisiana, Missouri, North City, N.Y., to points in Fairfield County, Valley, Pa., to points in Connecticut, Carolina, South Carolina, Tennessee, and Conn., and those in Bergen, Essex, Hud­ Maine, Massachusetts, New Hampshire, Texas. N ote: Applicant states it seeks son, Hunterdon, Middlesex, Monmouth, Rhode Island, and Vermont, points in no duplicate authority. If a hearing is Morris, Ocean, Passaic, Somerset, Sus­ New York east and north of a line be­ deemed necessary, applicant requests it sex, and Warren Counties, N.J.. Note: ginning at the Pennsylvania-New York be held at New Orleans, La. If a hearing is deemed necessary, appli­ State line and extending along U.S. No. MC 107107 (Sub-No. 349), filed cant requests it be held at New York, Highway 11 to junction New York High­ June 17, 1965. Applicant: ALTERMAN N.Y. way 31, north of Syracuse, N.Y., thence TRANSPORT LINES, INC., Post Office No. MC 108884 (Sub-No. 9), filed June westerly along New York Highway 31 to Box 458, Allapattah Station, Miami, Fla. 21, 1965. Applicant: ROGERS AND junction New York Highway 250, thence Authority sought to operate as a com­ KASPER, INC., Route 46, Great Mead­ along New York Highway 250 to Lake mon carrier, by motor vehicle, over ir­ ows, N.J. Applicant’s representative: Ontario, and points in New Jersey, north, regular routes, transporting: Meats, Bert Collins, 140 Cedar Street, New York, meat products, and meat byproducts, and N.Y., 10006. Authority sought to oper­ east, and west of Mercer and Monmouth ate as a common carrier, by motor vehi­ Counties, N.J. Note: If a hearing is articles distributed by meat packing­ deemed necessary, applicant requests it houses, as described in sections A and cle, over irregular routes, transporting: be held at Buffalo, N.Y. C of Appendix I to the report in Descrip­ Fish (including shellfish) exempt from No. MC 105444 (Sub-No. 6), filed June tions in Motor Carrier Certificates, 61 economic regulation under section 203- 14, 1965. Applicant: ANTHONY M.C.C. 209 and 766 (except hides and (b) (6) of the Interstate Commerce Act, CHANICÈ AND VINCENT CHANICE, a commodities in bulk, in tank vehicles), in mixed shipments with onion products, partnership, doing business as CHANICE from the plant site of Missouri Beef frozen, in vehicles equipped with me­ & CHANICE, 851 Liberty Avenue, Brook­ Packers, Inc., located at or near Phelps chanical refrigeration from Gloucester, lyn 8, N.Y. Applicant’s representative: City, Mo., to points in Alabama, Florida, Mass., to points in New Haven, Hartford, William D. Traub,. 10 East 40th Street, Georgia, North Carolina, and South Fairfield, New London, Litchfield, and New York 16, N.Y. Authority sought to Carolina. N ote: Applicant states the Middlesex Counties, Conn.; New York, operate as a common carrier, by motor proposed service to be restricted to traffic N.Y., Nassau, Suffolk, Westchester, vehicle, over irregular routes, transport­ originating at such facilities. If a hear­ Orange, Rockland, and Broome Counties, ing: New laboratory furniture and equip­ ing is deemed necessary, applicant re­ N.Y.; Passaic, Bergen, Essex, Hudson, ment, shower stalls, metal cabinets, quests it be held at Omaha, Nebr. Union, Morris, and Warren Counties, cabinet tops, and sink tops, and fixtures No. MC 107496 (Sub-No. 383), filed N.J., and Lehigh, Northampton, Berks, in connection with the above commodi­ June 17, 1965. Applicant: RUAN Lackawanna, Luzerne, York, Dauphin, ties, from New York, N.Y., to points in TRANSPORT CORPORATION, Keosau- and Lebanon Counties, Pa. N ote: If a Connecticut, New York, New Jersey, qua Way at Third, Des Moines, Iowa. hearing is deemed necessary, applicant Pennsylvania, Delaware, Massachusetts, Authority sought to operate as a com­ requests it be held at New York, N.Y. Rhode Island, Maryland, Virginia, West mon carrier, by motor vehicle, over ir­ No. MC 109533 (Sub-No. 24), filed Virginia, Ohio, and the District of Co­ regular routes, transporting: Sand, sand June 21, 1965. Applicant: OVERNITE lumbia (except those points in Connecti­ with additives in pneumatic tanks and TRANSPORTATION COMPANY, a cor­ cut, New York, New Jersey, Pennsyl­ bags, (1) from Bridgman, Mich., to poration, Post Office Box 1216, Rich­ points in Illinois, Wisconsin, Indiana, mond, Va. Authority sought to operate vania, and Delaware within 150 miles of as a common carrier, by motor vehicle, New York, N.Y.). N ote : Applicant is Iowa, and Kentucky, and (2) from Troy also authorized to conduct operations as Grove, HI., .to points in Indiana, Ohio, over regular routes, transporting: Gen­ a contract carrier in Permit MC 126652 Kentucky, Michigan, Wisconsin, Iowa, eral commodities (except those of un­ therefore dual operations may be in­ Nebraska, Missouri, Kansas, and Okla­ usual value, livestock, Classes A and B ex­ volved. If a hearing is deemed neces­ homa. Note: Common control may be plosives, household goods as defined by sary, applicant requests it be held at involved. If a hearing is deemed neces­ the Commission, commodities in bulk New York, N.Y. ^ u. sary, applicant requests it be held at and commodities requiring special equip­ No. MC 105461 (Sub-No. 65), filed June Chicago, 111. ment) , between Lenoir, N.C., and Damas­ 15, 1965. Applicant: HERR’S MOTOR No. MC 107643 (Sub-No. 68), filed cus, Va.; from Lenoir over U.S. High­ EXPRESS, INC., Quarryville, Pa. Ap­ June 16, 1965. Applicant: ST. JOHNS way 321 to Blowing Rock, N.C., thence plicant’s representative: Bernard N. MOTOR EXPRESS CO., a corporation, over U.S. Highway 221 to Boone, N.C., Gingerich, Quarryville, Pa., 17566. Au­ 10145 North Portland Road, Portland, thence over U.S. Highway 421 to.Moun- Friday, July 9, 1965 FEDERAL REGISTER 8707 tain City, Tenn., thence over Tennessee ter Avenue, Downington, Pa. Authority No. MC 110988 (Sub-No. 133), filed Highway 91 to the Tennessee-Virginia sought to operate as a common carrier, June 15, 1965. Applicant: KAMPO State line and thence over Virginia High­ by motor vehicle, over irregular routes, TRANSIT, INC., 200 West Cecil Street, way 91 to Damascus, and return over the transporting: Chemicals, in bulk, in tank Neenah, Wis. Applicant’s attorney: E. same route serving no intermediate vehicles, between Carrollton, Ky., and Stephen Heisley, Transportation Build­ points. N ote: Applicant states it pre­ Midland, Mich. Note: If a hearing is ing, Washington, D.C., 20006. Author­ sently holds authority to operate over the deemed necessary, applicant requests it ity sought to operate as a common car­ route herein sought in Certificate MC be held at Washington, D.C. rier, by motor vehicle, over irregular 109533, Sub 22, but it must observe the No. MC 110525 (Sub-No. 735), filed routes, transporting: (1) Silica gel cat­ gateway point of Charlotte, N.C. A June 23, 1965. Applicant: CHEMICAL alyst and processed clay, in bulk, in tank closed door route is authorized between LEAMAN TANK LINES, INC., 520 East vehicles, from Chicago, HI., to points in Bristol, Tenn.-Va., and Rock Hill, S.C., Lancaster Avenue, Downingtown, Pa. North Dakota, Montana, Wyoming, serving Damascus, Va., Charlotte, N.C., Applicant’s attorneys: Leonard A. Colorado, Kansas, and Oklahoma, and and Gastonia, N.C., as intermediate Jaskiewicz, 1155 15th Street NW., Madi­ (2) spent and reprocessed silica gel cata­ points. These routes include the route son Building, Washington, D.C., 20005, lyst and processed clay, in bulk, in tank herein sought. The purpose of this ap­ and Edwin H. van Deusen, 520 East Lan­ vehicles, from points in North Dakota, plication is to provide an economy in the caster Avenue, Downingtown, Pa. Au­ Montana, Wyoming, Colorado, Kansas, operations of applicant by eliminating thority sought to operate as a common and Oklahoma to Chicago, HI. N ote: If excess mileage and transportation as well carrier, by motor vehicle, over irregular a hearing is deemed necessary, applicant as extra terminal handling in some cases routes, transporting: Liquid chemicals, requests it be held at Chicago, HI. at Charlotte, N.C. If a hearing is deemed in bulk, in tank vehicles, from Rotterdam No. MC 110988 (Sub-No. 134), filed necessary, applicant requests it be held at Junction, N.Y., to Albion and Muskegon, June 15, 1965. Applicant: KAMPO Washington, D.C. Mich. N ote: If a hearing is deemed TRANSIT, INC., 200 West Cecil Street, No. MC 110157 (Sub-No. 26), filed June necessary, applicant requests it be held Neenah, Wis. Applicant’s attorney: E. 15, 1965. Applicant: LANG TRANSIT at Washington, D.C. Stephen Heisley, Transportation Build­ COMPANY, a corporation, 38th and No. MC 110563 (Sub-No. 31), filed ing, Washington, D.C., 20006. Author­ Quirt Avenue, Lubbock, Tex. Appli­ June 9/ 1965. Applicant: COLDWAY ity sought to operate as a common car­ cant’s attorney: W. D. Benson, Jr., 13th FOOD EXPRESS, INC., Ohio Building, rier, by motor vehicle, over irregular Floor, Great Plains Building, Lubbock, Sidney, Ohio. Applicant’s attorney: routes, transporting: Lime and limestone Tex. Authority sought to operate as a Joseph Scanlan, 111 West Washington products, from River Rouge, Mich., to common carrier, by motor vehicle, over Street, Chicago, 111. Authority sought to points in Hlinois, Indiana, Iowa, Ken­ regular routes, transporting: General operate as a common carrier, by motor tucky, Missouri, Ohio, New York, Penn­ commodities (except those of unusual vehicle, over irregular routes, transport­ sylvania, West Virginia, and Wisconsin. value, Classes A and B explosives, house­ ing: Meats, meat products, and meat by­ Note: If a hearing is deemed necessary, hold goods as defined by the Commis­ products, and articles distributed by applicant requests it be held at Washing­ sion, commodities in bulk, and those re­ meat packinghouses, as described in sec­ ton, D.C., or Chicago, 111. quiring special equipment), between tions A and C of Appendix I to the No. MC 111231 (Sub-No. 68), filed Hobbs, N. Mex., and Lubbock, Tex., over report in Descriptions in Motor Carrier June 17, 1965. Applicant: JONES tJ.S. Highway 62, serving the intermedi­ Certificates, 61 M.C.C. 209 and 61 M.C.C. TRUCK LINES, INC., 610 East Emma ate points of Seminole, Seagraves, and 766, from West Richfield, Ohio, to points Avenue, Springdale, Ark. Authority Brownfield, Tex. N ote : Applicant states in Connecticut, Massachusetts, Mary­ sought to operate as a common carrier, it does not seek duplicate authority. If land, New Jersey, New York, Pennsyl­ by motor vehicle, over irregular routes, a hearing is deemed necessary, applicant vania, Rhode Island, and the District of transporting: Foodstuffs, from Spring- requests it be held at Lubbock, Tex. Columbia, and refused or rejected ship­ dale, Ark., and points within five (5) No. MC 110420 (Sub-No. 461), filed ments of the commodities specified miles thereof, to points in Arizona, Colo­ June 14, 1965. Applicant: QUALITY above, on return. N ote: Theabove pro- rado, Idaho, Montana, Nebraska, New CARRIERS, INC., 100 South Calumet posed operations will be restricted Mexico, Utah, Wyoming and Alpine, Street, Burlington, Wis. Applicant’s against the transportation of commodi­ Ashley, El Paso, and Peco, Tex. N ote : If representative: Fred H. Figge, Post Office ties in bulk, in tank vehicles. If a hear­ a hearing is deemed necessary, applicant Box 339, Burlington, Wis., 53105. Au­ ing is deemed necessary, applicant re­ does not specify a location. thority sought to operate as a common quests it be held at Columbus, Ohio, or No. MC 111545 (Sub-No. 79), filed carrier, by motor vehicle, over irregular Washington, D.C. June 16, 1965. Applicant* HOME routes, transporting: Liquid sugar, in No. MC 110988 (Sub-No. 131), filed TRANSPORTATION COMP>-|Y, INC., bulk, in tank vehicles, from Cincinnati, June 11, 1965. Applicant: KAMPO 1425 Franklin Road SE., Post Office Box Ohio, to points in Indiana and Ken­ TRANSIT, INC., 200 West Cecil Street, 6426, Station A, Marietta, Ga. Appli­ tucky. Note: If a hearing is deemed Neenah, Wis. Applicant’s attorney: E. cant’s attorney: Paul M. Daniell, 1600 necessary, applicant requests it be held Stephen Heisley, Transportation Build­ First Federal Building, Atlanta, Ga., at Louisville, Ky. ing, Washington, D.C. Authority sought 30303. Authority sought to operate as a No. MC 110420 (Sub-No. 462), filed to operate as a common carrier, by mo­ common carrier, by motor vehicle, over June 14, 1965. Applicant: QUALITY tor vehicle, over irregular routes, trans­ irregular routes, transporting: (1) Fire­ CARRIERS, INC., 100 South Calumet porting: Lime, hydrated or quick, in bulk, brick, (2) bonding mortar, and (3) cast- Street, Burlington, Wis. Applicant’s able cement, from Augusta, Ga., to points representative: Fred H. Figge (same ad­ in pneumatic equipment, from Chicago, 111., to Marion, Ind. N ote : If a hearing in Connecticut, Hlinois, Indiana, Mas­ dress as applicant). Authority sought to sachusetts, Michigan, New Jersey, New operate as a common carrier, by motor is deemed necessary, applicant requests it be held at Chicago, 111. York, Ohio, Pennsylvania, and Wiscon­ vehicle, over irregular routes, trans­ sin. N ote: If a hearing is deemed neces­ porting: Acids, chemicals, fertilizers and No. MC 110988 (Sub-No, 132), filed June 14, 1965. 'Applicant: KAMPO sary, applicant requests it be held at fertilizer ingredients, in bulk, between Washington, D.C. Points in Illinois, Indiana, Wisconsin, TRANSIT, INC., 200 West Cecil Street, Neenah, Wis. Applicant’s attorney: E. No. MC 111729 (Sub-No. 95), filed Minnesota, Iowa, Missouri, Kansas, Ne­ June 17, 1965. Applicant: ARMORED braska, and South Dakota. N ote: If a Stephen Heisley, Transportation Build­ ing, Washington, D.C. Authority sought CARRIER CORPORATION, 222-17 hearing is deemed necessary, applicant Northern Boulevard, Bayside, N.Y. Ap­ requests it be held at Chicago, 111. to operate as a common carrier, by mo­ tor vehicle, over irregular routes, trans­ plicant’s attorney: Claude J. Jasper, No. MC 110525 (Sub-No. 734), filed Suite 301, 111 South Fairchild Street, 17, 1965' Applicant: CHEMICAL porting: Commodities in bulk, having a LEAMAN TANK LINES, INC., 520 East prior or subsequent movement by water, Madison, Wis. Authority sought to Lancaster Avenue, Downington, Pa. Ap­ between points in Wisconsin, Minne­ operate as a common carrier, by motor plicant’s attorneys: Leonard A. Jaskie- sota, Michigan, Illinois, Indiana, Iowa, vehicle, over irregular routes, transport­ wicz, a s s 15th Street NW., Madison Missouri, and Nebraska. N ote: If a ing : Impressions, models and bites, artic­ fjuilding, Washington, D.C., 20005 and hearing is deemed necessary, applicant ulators and dentures, and products relat­ Lawm H. van Deusen, 520 East Lancas- requests it be held at Chicago, 111. ing to restorative dentistry, between No. 131---- 7 8708 NOTICES Omaha, Nebr., on the one hand, and, on souri, Kansas, Illinois, Wisconsin, Min­ 116869 therefore, dual operations may the other, points in Iowa. Restriction: nesota, Iowa, North Dakota, South be involved. If a hearing is deemed No service shall be performed under the Dakota, Nebraska, and Arkansas. N ote: necessary, applicant requests it be held authority granted herein for any bank Common control may be involved. If a at Washington, D.C. or banking institution; namely, any hearing is deemed necessary, applicant No. MC 113362 (Sub-No. 74), filed National bank, State bank, Federal Re­ requests it be held at St. Louis, Mo. June 8, 1965. Applicant: ELLSWORTH No. MC 113349 (Sub-No. 4), filed June FREIGHT LINES, INC., 220 East Broad­ serve bank, savings and loan association, way, Eagle Grove, Iowa. Applicant’s or savings bank. Note: Applicant is 7, 1965. Applicant: IURATO TRUCK­ also authorized to conduct operations as ING CO., a corporation, 1164 Belmont representative: William A- Landau, 1307 a contract carrier in Permit No. MC Avenue, North Haledon, N.J. Appli­ East Walnut, Des Moines, Iowa, 50316. 112750 and subs, therefore, dual opera­ cant’s representative: George A. Olsen, Authority sought to operate as a com ­ tions may be involved. If a hearing is 69 Tonnele Avenue, Jersey City, N.J. mon catrier, by motor vehicle, over ir­ Authority sought to operate as a con­ regular routes, transporting: Floor and deemed necessary, applicant requests it wall tile, from Trenton, N.J., to Des be held at Omaha, Nebr. tract carrier, by motor vehicle, over ir­ No. MC 112030 (Sub-No. 17), filed regular routes, transporting: (I) Acetate Moines, Iowa. N ote: If a hearing is June 15, 1965. Applicant: PAUL W. yarns (not thrown or dyed) (1) between deemed necessary, applicant requests it WILLS, INC., Post Office Box 5407, Paterson, N.J., on the one hand, and on be held at Des Moines, Iowa. Cleveland, Ohio. Applicant’s attorney: the other, Pawtucket, West Warwick, No. MC 113362 (Sub-No. 75), filed Providence, and East Providence, R.I., June 14,1965. Applicant: ELLSWORTH Robert A. Sullivan, 1800 Buhl Building, FREIGHT LINES, INC., 220 East Broad­ Detroit, Mich. Authority sought to Fall River and New Bedford, Mass., Man­ operate as a common carrier, by motor chester, Greenville, Franklin, and New way, Eagle Grove, Iowa. Applicant’s at­ vehicle, over irregular routes, trans­ Market, N.H., New York, St. Johnsville, torney : Marshall D. Becker, 630 City Na­ porting: Crushed raw limestone, in bulk, and Amsterdam, N.Y., Beavertown, tional Bank Building, Omaha, Nebr. Au­ Selingsgrove, Lebanon, York, Scranton, thority sought to operate as a com m on in dump vehicles, from Clay Center, carrier, by motor vehicle, over irregular Ohio, and points within ten (10) miles Philadelphia, Shippensburg, and Middle- burg, Pa., Cumberland, Md., Narrows, routes, transporting: Petroleum and thereof, to the plantsite of Friendship petroleum products, in containers, and N ote: Va., Rock Hill, S.C., and Rome, Ga., and Block & Brick Co., Detroit, Mich. carbon, gum, and sludge-removing com ­ If a hearing is deemed necessary, appli­ (2) from Cumberland, Md., Narrows, Va., Rock Hill, S.C., and Rome, Ga., to pounds, in containers, from Buffalo, cant requests it be held at Detroit or N.Y.; Farmers Valley, Bradford, Emlen- Lansing, Mich. Paterson, N.J., Pawtucket, West War­ wick, Providence, and East Providence, ton, Warren, Franklin, Reno, Oil City, No. MC 112520 (Sub-No. 122), filed Rouse ville, Petrolia, and Kams City, Pa.; June 14, 1965. Applicant:- McKENZIE R.I., Fall River, and New Bedford, Mass., Manchester^ Greenville, Franklin, and and St. Marys, W. Va., to points in TANK LINES, INC., New Quincy Road, Wyoming. Note : If a hearing is deemed Tallahassee, Fla. Applicant’s attorney: New Market, N.H., (II) empty beams, Norman J. Bolinger, 1730 American between Cumberland, Md., Narrows, Va., necessary, applicant requests it be held and Rock Hill, S.C., on the one hand, at Pittsburgh, Pa. Heritage Life Building, Jacksonville, No. MC 113362 (Sub-No.76), filed June Fla. Authority sought to operate as a and, on the other, Paterson, N.J., Paw­ tucket, West Warwick, Providence, and 17, 1965. Applicant: ELLSWORTH common carrier, by motor vehicle, over FREIGHT LINES, INC., 220 East Broad­ irregular routes, transporting: Creosote East Providence, R.I., Fall River and New Bedford, Mass., Manchester, Green­ way, Eagle Grove, Iowa. Applicant’s at­ oil, from Pensacola, Fla., to points in torney: William J. Boyd, 30 North La Alabama and Georgia. Note: If a hear­ ville, Franklin, and New Market, N.H., New York, St. Johnsville, and Amster­ Salle Street, Chicago 2, 111. Authority ing is deemed necessary, applicant re­ sought to operate as a common carrier, quests it be held at Atlanta, Ga. dam, N.Y., Beavertown, Selingsgrove, Lebanon, York, Scranton, Philadelphia, by motor vehicle, over irregular routes, No. MG 113267 (Sub-No. 153), filed transporting: Frozen foods, from North June 14, 1965. Applicant: CENTRAL & Shippensburg, and Middleburg, Pa., (HI) polyester and nylon, between Shel­ East, Pa., to points in Wisconsin, Iowa, SOUTHERN TRUCK LINES, INC., 312 Missouri, Kansas, Nebraska, and Minne­ West Morris, Casey ville, 111. Applicant’s by and Greenville, N.C., on the one hand, and, on the other, Paterson, N.J., Paw­ sota. Note : If a hearing is deemed nec­ attorney: R. H. Burroughs, 115 East essary, applicant requests it be held at Main, Collinsville, 111. Authority sought tucket, West Warwick, Providence, and East Providence, R.I., Fall River and Cleveland, Ohio. to operate as a common carrier, by motor No. MC 113651 (Sub-No. 76) (AMEND­ vehicle, over irregular routes, transport­ New Bedford, Mass., Manchester, Green­ ville, Franklin, and New Market, MENT), filed November 12, 1964, pub­ ing: Meats, meat products, meat byprod­ lished F ederal R egister issue December ucts, and articles distributed by meat N.H., New York, St. Johnsville, and Amsterdam, N.Y., Beavertown, Selings­ 2,1964, and republished as amended this packinghouses as described in sections issue. Applicant: INDIANA REFRIG­ A and C of Appendix I to the report in grove, Lebanon, York, Scranton, Phil­ adelphia, Shippensburg, and Middle­ ERATOR LINES, INC., 2404 North Descriptions in Motor Carrier Cer­ Broadway, Muncie, _ Ind. Authority tificates, 61 M.C.C. 209 and 766 (except burg, Pa., Cumberland, Md., Buena Vista, Altavista, Strasburg, Narrows, and Em­ sought to operate as a common carrier, hides and commodities in bulk, in tank by motor vehicle, over irregular routes, vehicles), from the plantsite of Missouri poria, Va., Rock Hill, and Glendale, S.C., and Rome and Clarksville, Ga., and (IV) transporting: Meats, meat prmum, Beef Packers, Inc., at or near Phelps meat byproducts, and articles distributee City, Mo., to points in Alabama, Florida, polyester and nylon, between Paterson, N.J., Pawtucket, West Warwick, Provi­ by meat packinghouses, as described m Georgia, North Carolina, and South sections A and C of Appendix I to the Carolina.. Restricted to traffic originat­ dence, and East Providence, R.I., Fall River and New Bedford, Mass., Man­ report in Descriptions in Motor Carrier ing at said plantsite. Note: If a hear­ Certificates, 61 M.C.C. 209 and 766 (ex­ ing is deemed necessary, applicant does chester, Greenville, Franklin, and New Market, N.H., New York, St. Johnsville, cept commodities in bulk, in tank veni- not specify place of hearing. cles, and hides) from points in Dakota No. MC 113267 (Sub-No. 154), filed and Amsterdam, N.Y., Beavertown, Selingsgrove, Lebanon, York, Scranton, County, Nebr., and Sioux City, Iowa, to June 11, 1965. Applicant: CENTRAL & points in Connecticut, Delaware, Dis r SOUTHERN TRUCK LINES, INC., 312 Philadelphia, Shippensburg, and Middle­ burg, Pa., on the one hand, and, on the of Columbia, Indiana, Iowa, Maine, West Morris, Caseyville, 111. Applicant’s Maryland, Massachusetts, Michigan, attorney: R. H. Burroughs, 115 East other, Buena Vista, Altavista, Strasburg, and Emporia, Va., Rocky Mount, Wades- New Hampshire, New Jersey, New YorK, Main Street, Collinsville, 111. Authority Ohio, Pennsylvania, Rhode Island, ve - sought to operate as a common carrier, boro, High Point, Charlotte, Morgans- town, and Liberty, N.C., Glendale, S.C., mont, Virginia, and West Vfrgjh»** by motor vehicle, over irregular routes, Note: The purpose of this repubhcatio transporting: Carpets, carpeting, rugs, Rome and Clarksville, Ga. N ote: Appli­ cant states the proposed service to be is to add the origin point of Sioux uw, tufted textiles, and mats, from points in Iowa. If a hearing is d e e m e d necessary- Dade, Catoosa, Whitfield, Murray, under continuing contract with Atlas Yarn Co., Inc., Paterson, N.J. Applicant applicant requests it be held at S Walker, Chattooga, Gordon, Floyd, and City, Iowa, or Washington, D.C. Bartow Counties, Ga., to points in Mis­ has common carrier authority under MC Friday, July 9, 1965 FEDERAL REGISTER 8709 No. MC 11365i (Sub-No. 81) (AMEND­ Nevada, Oregon, Texas, Utah, and Wash­ land, Massachusetts, Michigan, New MENT), filed March 22, 1965, published ington. N o te: The purpose of this re­ Hampshire, New Jersey, New York, Ohio, in Federal R egister issue of April 8,1965, publication is to change the origin points Pennsylvania, Rhode Island, Vermont, amended June 24, 1965, and republished as shown above. If a hearing is deemed Virginia, West Virginia, and Wisconsin. as amended this issue. Applicant; IN­ necessary, applicant does not specify a N o te: If a hearing is deemed necessary, DIANA REFRIGERATOR LINES, INC., place of hearing. applicant does not specify location. 2404 North Broadway, Muncie, Ind. Au­ No. MC 113678 (Sub-No. 144) No. MC 113678 (Sub-No. 155) , filed thority sought to operate as a common (AMENDMENT), filed May 24,1965, pub­ June 21, 1965. Applicant: CURTIS, carrier, by motor vehicle, over irregular lished F ederal R egister issue June 9, INC., 770 East 51st Avenue, Denver, routes, transporting: Meats, meat prod­ 1965, and republished as amended this Colo. Applicant’s attorney: Duane W. ucts, meat byproducts, and articles dis­ issue. Applicant: CURTIS, INC., 770 Acklie, Box 2028, Denver, Colo. Au­ tributed by meat packinghouses, as de­ East 51st Avenue, Denver, Colo., 80216. thority sought to operate as a com­ scribed in Appendix I to the report in De­ Applicant’s attorney: Duane W. Acklie, mon carrier, by motor vehicle, over scriptions in Motor Carrier Certificates, Post Office Box 2028, Lincoln, Nebr. Au­ irregular routes, transporting: Meats, 61 M.C.C. 209 and 766 (except commodi­ thority sought to operate as a common meat products, meat byproducts, meat ties in bulk, in tank vehicles, and hides), carrier, by motor vehicle, aver irregular articles distributed by meat packing­ from points in Dakota County, Nebr., and routes, transporting: Meats, meat prod­ houses, from points in J>awson County, Sioux City, Iowa, to points in Kentucky, ucts, meat byproducts and articles dis­ Nebr., to points in Arizona, Arkansas, Tennessee, North Carolina, South Caro­ tributed by meat packinghouses as de­ California, Colorado, Idaho, Louisiana, lina, Georgia, Alabama, Florida, Louisi­ scribed in sections A and C of Appendix Montana, Nevada, New Mexico, Okla­ ana, and Mississippi. N o te: The pur­ I to the report in Descriptions in Motor homa, Oregon, Texas, Utah, and Wash­ pose of this republication is to add Sioux Carrier Certificates, 61 M.C.C. 209 and ington. N o te: If a hearing is deemed City, Iowa, as origin point. If a hearing 766 (except hides and commodities in necessary, applicant does not specify is deemed necessary, applicant requests bulk, in tank vehicles), from points in any particular area. it be held at Sioux City, Iowa, or Wash­ Dawson County, Nebr., to points in Flor­ No. MC 113678 (Sub-No. 156), filed ington, D.C. ida, Georgia, Alabama, North Carolina, June 18, 1965. Applicant: CURTIS, No. MC 113678 (Sub-No. 140) and South Carolina. N ote : The purpose INC., 770 East 51st Avenue, Denver, (AMENDMENT), filpd May 6, 1965, pub­ of this republication is to broaden the Colo., 80216. Applicant’s attorney: lished in F ederal R egister issue of May origin point. If a hearing is deemed Duane W. Acklie, Post Office Box 2028, 26, 1965, amended June 25, 1965, and necessary, applicant requests it be held at Lincoln, Nebr. Authority sought to op­ republished as amended this issue. Ap­ Omaha, Nebr. erate as a common carrier, by motor ve­ plicant: CURTIS, INC., 770 East 51st No. MC 113678 (Sub-No. 145) hicle over irregular routes, transporting: Avenue, Denver, Colo., 80216. Appli­ (AMENDMENT), filed May 24, 1965, Frozen food and frozen products, in­ cant’s attorney: Duane W. Acklie, Post published F ederal R egister issue June cluding frozen animal and poultry food, Office Box 2028, Lincoln, Nebr. Author­ 9,1965, and republished as amended this from New Bedford, Mass., and points ity sought to operate as a common car­ issue. Applicant: CURTIS, INC., 770 within twenty (20) miles of New Bed­ rier, by motor vehicle, over irregular East 51st Avenue, Denver, Colo., 80216. ford, Mass., to points in Illinois, Indiana, routes, transporting: Meats, meat prod­ Applicant’s attorney: Duane W. Acklie, Iowa, Kentucky, Michigan, Minnesota, ucts, meat byproducts and articles dis­ Post Office Box 2028, Lincoln, Nebr. Au­ Missouri, Nebraska, Ohio, and Wiscon­ tributed by meat packinghouses, as de­ thority sought to operate as a common sin. N o te: If a hearing is deemed neces­ scribed in sections A and C of Appendix I carrier, by motor vehicle, over irregular sary, applicant does not specify place of to the report in Descriptions in Motor routes, transporting: Meats, meat prod­ hearing. Carrier Certificates, 61 M.C.C. 209 and ucts, meat byproducts and articles dis­ No. MC 113678 (Sub-No. 157), filed 766, from points in Dawson and Kearney tributed by meat packinghouses, as de­ June 28, 1965. Applicant: CURTIS, Counties, Nebr., to points in Colorado scribed in sections A and C of Appendix INC., 770 East 51st Avenue, Denver, (except Denver, Colo.), Kansas, Missouri, I to the report in Descriptions in Motor Colo., 80216. Applicant’s attorney: Iowa, Minnesota, Wisconsin, Illinois (ex­ Carrier Certificates, 61 M.C.C. 209 and Duane W. Acklie, Post Office Box 2028, cept Chicago, 111., and its commercial 766 (except hides and commodities in Lincoln, Nebr. Authority sought to op­ zone ), New York, Vermont, Connecticut, bulk, in tank vehicles), from points in erate as a common carrier, by motor ve­ Rhode Island, Massachusetts, New Kearney County, Nebr., to points in Flor­ hicle, over irregular routes, transporting: Hampshire, Maine, Maryland, Delaware, ida, Georgia, Alabama, North Carolina, Meats, meat products and meat byprod­ the District of Columbia, Virginia, West and South Carolina. N o te: The purpose ucts and articles distributed by meat Virginia, New Jersey, and Michigan. of this repubiication is to change the packinghouses, and such commodities Note: The purpose of this republication origin point to Kearney County, Nebr. used by meatpackers in the conduct of is to substitute points in Dawson and If a hearing is deemed necessary, appli­ their business when destined to and for Kearney Comities, Nebr., as origin points cant requests it be held at Omaha, Nebr. use by meatpackers, from Greeley, in lieu of Lexington and Minden, Nebr., No. MC 113678 (Sub-No. 153), filed Colo., to point:-in Alabama, Louisiana, and points within 5 miles thereof. If a June 11,1965. Applicant: CURTIS, INC., Mississippi, Missouri, Nebraska, Okla­ hearing is deemed necessary, applicant 770 East 51st Avenue, Denver, Colo. Ap­ homa, and Texas. N o te: If a hearing is requests it be held at Omaha, Nebr. plicant’s attorney: Duane W. Acklie, Post deemed necessary, applicant does not No. MC 113678 (Sub-No. 142) Office Box 2028, Lincoln, Nebr. Author­ specify place of hearing. (AMENDMENT), filed May 10,1965, pub­ ity sought to operate as a common car­ No. MC 113908 (Sub-No. 163), filed lished in F ederal R egister issue of May rier, by motor vehicle, over irregular June 16, 1965. Applicant: ERICKSON 26, 1965, amended June 25, 1965, and re­ routes, transporting: Food, food prep­ TRANSPORT CORPORATION, 706 West published as amended this issue. Ap­ arations, and foodstuffs, from St. Louis, Tampa, Post Office Box 3180, Springfield, plicant: CURTIS, INC., 770 East 51st Mo., to points in Iowa, Kansas, and Ne­ Mo. Authority sought to operate as a Avenue, Denver, Colo., 80216. Appli­ braska. N o te: If a hearing is deemed common carrier, by motor vehicle, over cant’s attorney: Duane W. Acklie, Post necessary, applicant does not specify any irregular routes, transporting: Animal Office Box 2028, Lincoln, Nebr. Author­ particular area. fats and animal oils, in bulk, in tank ity sought to operate as a common ear­ No. MC 113678 (Sub-No. 154), filed vehicles, from Omaha, Nebr., to San ner, by motor vehicle, over irregular June 14, 1965. Applicant: CURTIS Francisco, Calif. N o te: If a hearing is routes, transporting: Meats, meat prod- INC., 770 East 51st Avenue, Denver, deemed necessary, applicant requests it ¿S*» raeat byproducts and articles dis- Colo. Applicant’s attorney: Duane W.* be held at Omaha, Nebr.' nbuted by meat packinghouses, as de­ Acklie, Box 2028, Lincoln, Nebr. Au­ No. MC 113908 (Sub-No. 164), filed scribed in sections A and C of Appendix thority sought to operate as a common June 16, 1965. Applicant: ERICKSON to the report in Descriptions in Motor carrier, by motor vehicle, over irregular TRANSPORT CORPORATION, 706 earner Certificates, 61 M.C.C. 209 and routes, transporting: Frozen foods, from West Tampa (Post Office Box 3180), , irom points in Dawson and Kearney Humboldt, Tenn., to points in Connecti­ Springfield, Mo. Authority sought to counties, Nebr., to points in Arizona, cut, Delaware, District of Columbia, Illi­ operate as a common carrier, by motor Arkansas, California, Idaho, Louisiana, nois, Indiana, Kentucky, Maine, Mary­ vehicle, over irregular routes, transport- 8710 NOTICES ing: Liquid animal and poultry feed sup­ REFRIGERATED TRANSPORTATION, No. MC 115841 (Sub-No. 243), filed plements, in bulk, in tank vehicles, from INC., 408 West 14th Street, New York,1 June 14, 1965. Applicant: COLONIAL Springfield and Verona, Mo., to points N.Y. Applicant’s representative: George REFRIGERATED TRANSPORTATION, in Maryland. N ote: If a hearing is A. Olsen, 69 Tonnele Avenue, Jersey City, INC., 1215 Bankhead Highway West, Post deemed necessary, applicant requests it N.J. Authority sought to operate as a Office Box 2169, Birmingham, Ala. Au­ be held at Omaha, Nebr. common carrier, by motor vehicle, over thority sought to operate as a common No. MC 114004 (Sub-No. 60), filed irregular routes, transporting { Meats, carrier, by motor vehicle, over irregular June 8, 1965. Applicant: CHANDLER meat products, meat byproducts and routes, transporting: (1) Canned goods, TRAILER CONVOY, INC., 8828 New articles distributed by meat packing­ (2) commodities, the transportation of Benton Highway, Little Rock, Ark. houses, as described in sections A and C which is partially exempt under the pro­ Authority sought to operate as a com­ of Appendix I to the report in Descrip­ visions of section 203(b) (6) of the Inter­ mon carrier, by motor vehicle, over ir­ tions in Motor Carrier Certificates, 61 state Commerce Act if transported in regular routes, transporting: Portable M.C.C. 209 and 766 (except hides and vehicles not used in carrying any other buildings, traveling on their own, or re­ commodities in bulk), from Sioux City, property, when moving in the same vehi­ movable undercarriages, with hitch ball Iowa, and points in Dakota County, cle at the same time with canned goods, hook up, that require special equipment Nebr., to points in Connecticut, Delaware, from Lindale, Tex., to points in Ken­ in the movement thereof, excluding Maryland, Massachusetts, New Jersey, tucky, Indiana, Kansas, Missouri, Illi­ trailers, designed to be drawn by pas­ New York, Pennsylvania, Virginia, West nois, and Michigan. Note : If a hearing senger automobiles, or oilfield or in­ Virginia, and the District of Columbia. is deemed necessary, applicant requests dustrial buildings, and prefabricated N o te: If a hearing is deemed necessary, it be held at Memphis, Term. buildings hauled on special built trailers, applicant requests it be held at Chicago, No. MC 116099 (Sub-No. 3), filed June between points in the United States in­ 111. 1 1 , 1965. Applicant: WOODWORTH & cluding Alaska, but excluding Hawaii. No. MC 115826 (Sub-No. 69), filed SONS, INC., Tolono, HI. Applicant’s at­ N ote : If a hearing is deemed necessary, June 14, 1965. Applicant: W. J. DIGBY, torney: Robert T. Lawley, 306-308 applicant requests it be held at Little INC., Post Office Box 5088, Terminal An­ Reisch Building, Springfield, 111. Au­ jZock Ark nex, Denver, Colo. Authority sought to thority sought to operate as a common No.' MC 114019 (Sub-No. 139), filed operate as a common carrier, by motor carrier, by motor vehicle, over irregular June 16, 1965. Applicant: MIDWEST vehicle, over irregular routes, transport­ routes, transporting: Liquid fertilizer and EMERY FREIGHT SYSTEM, INC., ing: Meats, meat products, meat by­ liquid fertilizer ingredients, in tank vehi­ 7000 South Pulaski Road, Chicago, 111. products, dairy products, and articles cles, from Thorntown, Ind., to points in Applicant’s attorney : David Axelrod, 39 distributed by meat packinghouses as Illinois. Note: If a hearing is deemed South La Salle Street, Chicago 3, HI. described in Appendix I to the report in necessary, applicant requests it be held Authority sought to operate as a common Descriptions in Motor Carrier Certifi­ at Springfield, HI. carrier, by motor vehicle, over irregular cates, 61 M.C.C. 209 and 766, from No. MC 116273 (Sub-No. 44), filed June routes, transporting: Foodstuffs, canned, Gooding, Idaho, and points within 5 7, 1965. Applicant: D&L TRANSPORT, prepared, and preserved (other than fro­ miles thereof, to points in Utah, Nevada, INC., 3800 South Laramie Avenue, Cicero, zen) from Fruitland, Md., to points in Arizona, California,10regon, Washing­ HI. Authority sought to operate as a Illinois, Wisconsin, Minnesota, Iowa, and ton, Texas, Colorado, Iowa, Hlinois, common carrier, by motor vehicle, over Nebraska. N ote : If a hearing is deemed Pennsylvania, New Jersey, New York, irregular routes, transporting: Dry fer­ necessary, applicant requests it be held and Massachusetts, and damaged or re­ tilizer and fertilizer materials, in bulk, in at Washington, D.C. jected, shipments and such articles as are tank and hopper type vehicles, (1) from No. MC 114091 (Sub-No. 70), filed June used to operate packinghouses, on re­ Chicago Heights, 111., to points in In­ 14, 1965. Applicant: HUFF TRANS­ turn. N o te: If a hearing is deemed diana, Iowa, Michigan, and Wisconsin, PORT CO., INC,, Fern Valley Road, necessary, applicant requests it be held and (2) from Chicago, HI., to points in Louisville, Ky. Applicant’s attorney: at Boise, Idaho. Indiana, Iowa, Michigan, and Wisconsin. Rudy Yessin, Sixth Floor, McClure No. MC 115841 (Sub-No. 240), filed Note: If a hearing is deemed necessary, Building, Frankfort, Ky. Authority June 8, 1965. Applicant: COLONIAL applicant requests it be held at Chicago, sought to operate as a common carrier, REFRIGERATED TRANSPORTATION, 111. by motor vehicle, over irregular routes, INC., 1215 Bankhead Highway West, Post No. MC 117119 (Sub-No. 213), filed transporting: Anhydrous ammonia, Office Box 2169, Birmingham, Ala. Au­ June 7,1965. Applicant: WILLIS SHAW nitrogen fertilizer solutions, ammoni- thority sought to operate as a common FROZEN EXPRESS, INC., Elm Springs, ating solutions and aqua ammonia, in carrier, by motor vehicle, over irregular Ark. Applicant’s attorney: John H. bulk, in tank vehicles, from the plant- routes, transporting: Frozen foods, from Joyce, 26 North College, Fayetteville, site of Southern Nitrogen Co., Inc., lo­ - the plantsite and warehouses of the Pet Ark., 72702. Authority sought to operate cated at or near Columbia Park (Fin-, "Milk Co. located at Allentown and Cham- as a common carrier, by motor vehicle, ney), Hamilton County, Ohio, to points bersburg, Pa., to points in Alabama, over irregular routes, transporting: (1) in Kentucky. N o te: If a hearing is Florida, Georgia, Kentucky, Louisiana, Bananas, and (2) commodities, the" deemed necessary, applicant requests it Mississippi, Tennessee, and points in transportation of which is partially ex­ be held at Louisville, Ky. empt under the provisions of section 20a Virgihia on and west of U.S. Highway (b)(6) of the Interstate Commerce Act No. MC 114211 (Sub-No. 79), filed 220.. N ote: If a hearing is deemed nec­ June 10, 1965. Applicant: WARREN essary, applicant requests it be held at if transported in vehicles not used in TRANSPORT, INC., Post Office Box 420, Birmingham, Ala. carrying any other property, when mov­ Waterloo, Black Hawk County, Iowa. No. MC 115841 (Sub-No. 241), filed ing in the same vehicle at the same tune Applicant’s attorney : Charles W. Singer, June 9, 1965. Applicant: COLONIAL with bananas, from Los Angeles and San 33 North La Salle Street, Chicago, HI. REFRIGERATED TRANSPORTATION, Francisco, Calif., to Boise, Nampa, ana Authority sought to operate as a common INC., 1215 Bankhead Highway West, Post Lewiston, Idaho. N ote: If a hearing is carrier, by motor vehicle, over irregular Office Box 2169, Birmingham, Ala. Au­ deemed necessary, applicant requests it routes, transporting: Land forming thority sought to operate as a common be held at Boise, Idaho. . equipment and machinery, contractors carrier, by motor vehicle, over irregular No. MC 117119 (Sub-No. 214) .filed and farm and logging equipment and routes, transporting: Frozen foods, from June 17, 1965. Applicant: WILW* machinery, and attachments and parts Humboldt, Tenn., to points in Wisconsin, SHAW FROZEN EXPRESS, INC., kim for the above-described items, from Minnesota, Arizona, California, Colorado, Springs, Ark. Applicant’s attorney. Ashland, Wis., to points in the United Idaho, Montana, Nevada, New Mexico, John H. Joyce, 26 North College, Fayette­ States (except points in Alaska and North Dakota, Oregon, South Dakota, ville, Ark. Authority sought to operate Hawaii). Note: If a hearing is deemed Utah, Washington, Wyoming and points as a common carrier, by motor veni , necessary, applicant requests it be held in Kansas and Nebraska west of U.S. over irregular routes, transporting. Canned and preserved foodstuffs, i at Chicago, 111. Highway 81. N ote: If a hearing is No. MC 115180 (Sub-No. 17), filed deemed necessary, applicant does not points in Washington, Oregon, I ’ and Utah, to points in Oklahoma, not*.. June 11, 1965. Applicant: ONLEY specify a location. Friday, July 9, 1965 FEDERAL REGISTER 8711

If a hearing is deemed necessary, appli­ John H. Joyce, 26 North College, igan. Note: Applicant states the pro­ cant requests it be held at Oklahoma Fayetteville, Ark. Authority sought to posed operation will be under a contin­ City, Okla. operate as a common carrier, by ihQtor uing contract with International Salt No. MO 117119 (Sub-No. 215), filed vehicle, over irregular routes, transport­ Co., Clarks Summit, Pa. If a hearing June 17, 1965. Applicant: WILLIS ing: Foodstuffs, from Plant City, Fla., is deemed necessary applicant requests SHAW FROZEN EXPRESS, INC., Elm to points in Mississippi, Louisiana, it be held at Madison, Wis. Springs, Ark. Applicant’s attorney: Arkansas, Texas, Oklahoma, Kansas, No. MC 117427 (Sub-No. 42), filed John H. Joyce, 26 North College, Fay­ Nebraska, North Dakota, South Dakota, June 8, 1965. Applicant: G. G. PAR­ etteville, Ark. Authority sought to op­ Wyoming, Colorado, New Mexico, Ari­ SONS TRUCKING CO., a corporation, erate as a common carrier, by motor ve­ zona, Utah, Idaho, Nevada, California, Post Office Box 746, North Wilkesboro, hicle, over irregular routes, transport­ Oregon, and Washington. Note: If a N.C. Applicant’s attorney: Earl F. ing: Frozen foods, from points in Hidal­ hearing is deemed necessary, applicant Rieger, 1366 National Press Building, go County, Tex., to points in Minnesota, requests it be held at Tampa, Fla. Washington, D.C., 20004. Authority Iowa, Nebraska, Colorado, Oklahoma, No. MC 117119 (Sub-No. 220), filed sought to operate as a common carrier, Arkansas, Louisiana, Mississippi, Wis­ June 18, 1965. Applicant: WILLIS by motor vehicle, over irregular routes, consin, Michigan, Illinois, Indiana, Ken­ SHAW FROZEN EXPRESS, INC., Elm transporting: Lumber, from points in tucky, Tennessee, Alabama, Ohio, Geor­ Springs, Ark. Applicant’s attorney: New Jersey to points in Illinois, Indiana, gia, North Carolina, South Carolina, John H. Joyce, 26 North College, Fayette­ Iowa, Kentucky, Maryland, Michigan, Florida, Virginia, West Virginia, Penn­ ville, Ark. Authority sought to operate Minnesota, Missouri, North Carolina, sylvania, New York. New Jersey, Mary­ as a common carrier, by motor vehicle, New York, Ohio, Pennsylvania, South land, Delaware, Connecticut, Vermont, over irregular routes, transporting: Carolina, Tennessee, Virginia, West Vir­ New Hampshire, Maine, Massachusetts, Foodstuffs, canned, prepared and pre­ ginia, and Wisconsin. Note: Applicant Rhode Island, District of Columbia, Kan­ served (other than frozen) from Fruit- is also authorized to conduct opera­ sas, and Missouri. Note: If a hearing is land, Md., to points in Illinois, Iowa, tions as contract carrier in Permit No. deemed necessary, applicant requests it Minnesota, Nebraska, and Wisconsin. MC 116145 and subs thereunder, there­ be held at Washington, D.C. Note: If a hearing is deemed necessary, fore, dual operations may be involved. No. MC 117119 (Sub-No. 216), filed applicant does not specify any particu­ If a hearing is deemed necessary, appli­ June 14, 1965. Applicant: WILLIS lar area. cant requests it be held at Washington, SHAW FROZEN EXPRESS, INC., Elm No. MC 117119 (Sub-No. 221), filed D.C. Springs, Ark. Applicant’s attorney: June 25, 1965. Applicant: WILLIS No. MC 117815 (Sub-No. 42), filed John H. Joyce, 26 North College, Fayet­ SHAW FROZEN EXPRESS, INC., Elm June 8, 1965. Applicant: PULLEY teville, Ark., 72702. Authority sought to Springs, Ark. Applicant’s attorney: FREIGHT LINES, INC., 2341 Easton operate as a common carrier, by motor Jdhn H. Joyce, 26 North College, Fayette­ Boulevard, Des Moines, Iowa, 50317. vehicle, over irregular routes, transport­ ville, Ark. Authority sought to operate Applicant’s representative: William A. ing: Frozen foods and frozen products, -as a common carrier, by motor vehicle, Landau, 1307 East Walnut Street, Des including frozen animal and poultry over irregular routes, transporting :_ (1) Moines 16, Iowa. Authority sought to food, from New Bedford, Mass.,, and Piecegoods, from Marshall, Tex., to operate as a common carrier, by motor points within twenty (20) miles thereof Huntsville, Ark., and (2) clothing, from vehicle, over irregular routes, transport­ to points in Illinois, Indiana, Iowa, Ken­ Huntsville, Ark., to Marshall, Tex. ing: Foodstuffs, from North Chicago, 111., tucky, Michigan, Minnesota, Missouri, Note: If a hearing is deemed necessary, to points in Iowa. Note: If a hearing is Nebraska, Ohio, and Wisconsin. Note: applicant requests it be held at Little If a hearing is deemed necessary, appli­ Rock, Ark. deemed necessary, applicant requests it cant does not specify place of hearing. No. MC 117119 (Sub-No. 222), filed be held at Des Moines, Iowa. No. MC 117119 (Sub-No. 217), filed June 25, 1965. Applicant: WILLIS No. MC 117815 (Sub-No. 43), filed June 14, 1965. Applicant: WILLIS SHAW FROZEN EXPRESS, INC., Elm June 14, 1965. Applicant: PULLEY SHAW FROZEN EXPRESS, INC., Elm Springs, Ark. Applicant’s attorney: FREIGHT LINES, INC., 2341 Easton Springs, Ark. Applicant’s attorney: John H. Joyce, 26 North College, Fayette­ Boulevard, Des Moines, Iowa. Appli­ John H. Joyce, 26 North College, ville, Ark., 72702. Authority sought to cant’s representative: William A. Lan­ Fayetteville, Ark. Authority sought to operate as a common carrier, by motor dau, 1307 East Walnut Street, Des operate as a common carrier, by motor vehicle, over irregular routes, transport­ Moines, Iowa. Authority sought to oper­ vehicle, over irregular routes, transport­ ing: (1) Piecegoods, from Cleveland, ate as a common carrier, by motor ve­ ing: Foodstuffs, canned, prepared or pre­ Ohio, to Huntsville, Ark.; and (2) hicle, over irregular routes, transporting: served, from points in Delaware and clothing, from Huntsville, Ark., to Cleve­ Meats, meat products, and meat byprod­ Maryland and points in Atlantic, Bur­ land, Ohio. Note : If a hearing is deemed ucts, as described in section A of Appen­ lington, Camden, Cape May, Cumber­ necessary, applicant requests it be held at dix I to the report in Descriptions in land, Gloucester, Ocean, and Salem Little Rock, Ark. Motor Carrier Certificates, 61 M.C.C. 209 Comities, N.J., to points in Illinois, No. MC 117119 (Sub-No. 223), filed and 766 (except commodities in bulk, in Indiana, Iowa, Kentucky, Michigan, June 25, 1965. Applicant: WILLIS tank vehicles), (1) from Peoria, 111., to Minnesota, Missouri, Ohio, and Wiscon- SHAW FROZEN EXPRESS, INC., Elm points in Iowa and Wisconsin, (2) from ¡¡Pw^N ote:- If a hearing is deemed , Springs, Ark. Applicant’s attorney: Des Moines, Dubuque, Ottumwa, and necessary, applicant requests it be held John H. Joyce, 26 North College, Fayette­ Waterloo, Iowa, Omaha, Nebr., and St. at Washington, D.C. ville, Ark., 72702. Authority sought to Joseph, Mo., to points in Illinois and No. MC 117119 (Sub-No. 218), filed operate as a common carrier, by motor pdints in Lake, Porter, Jasper, La Porte, 1965> Applicant: WILLIS vehicle, over irregular routes, transport­ Newton, Pulaski, Starke, St. Joseph, Elk­ SHAW FROZEN EXPRESS, INC., Elm ing: (1) Piecegoods and clothing mate- hart, and Marshall Counties, Ind., and Ark. Applicant’s attorney: rials, from Lynchburg, Va., to Hunts­ (3) from Cedar Rapids, Iowa, to points E , J°yce, 26 North College, ville, Ark.; and (2) clothing, from Hunts­ in St. Joseph, Elkhart, and Marshall j^ettevfflfi, Ark. Authority sought to ville, Ark., to Lynchburg, Va. Note: If Counties,” Ind., and empty containers or operate as a common carrier, by motor a hearing is deemed necessary, applicant other articles used in transporting the j over irregular routes, transport- requests it be held at Little Rock, Ark. above commodities, on return. Note : + -r ™lece9°°ds, from Harrisonburg, No. MC 117200 (Sub-No. 7), filed June Applicant states it does not propose to y% |o Huntsville, Ark., and (2) clothing, 14, 1965. Applicant: ALLEN TISCH tack or join the authority sought in the Vn J ^ y i l l e . Ark., to Harrisonburg, AND MERDON DREWS, doing business proposed service above for the purpose a. Note: If a hearing is deemed neces- as TISCH AND DREWS, 212 Green Bay of performing a through service, nor Avenue, Oconto Falls, Wis. Applicant’s would applicant propose to utilize the Uttic R™ k!“ ik re Ark. Applicant’s attorney: No. MC 117898 (Sub-No. 4), filed June to points in the Upper Peninsula of Mich­ 11, 1965. Applicant: WILLIAM EARN- 8712 NOTICES HARDT, doing business as EARN­ one hand, and, on the other, points in ERATED TRANSPORT CORPORA­ HARDT TRANSPORT, 205 East Coun­ Hlinois, Indiana, Kentucky, Michigan, TION, 1914 East Blaine Street, Spring- cil Street, Post Office Box 376, Salisbury» Ohio, West Virginia, and Wisconsin, and field, Mo., Applicant’s attorney: Herman N.C. Authority sought to operate as a (2) damaged and rejected shipments of W. Huber, 101 East High Street, Jeffer­ common carrier, by motor vehicle, over the above commodities, from points in son City, Mo. Authority sought to opr irregular routes, transporting: Prefabri­ Illinois, Indiana, Kentucky, Michigan, erate as a common carrier, by motor ve­ cated metal and wooden forms, com­ Ohio, West Virginia, and Wisconsin, to hicle, over irregular routes, transporting: ponents, materials and supplies, un­ Bremen, Canal Winchester, and Lan­ Food products (except frozen foods) in crated, for use in construction of minia­ caster, Ohio. N ote: If a hearing is vehicles equipped with mechanical re­ ture golf courses, from Fayetteville, N.C., deemed necessary, applicant requests it frigeration, from New York, N.Y., and to points in the United States (except be held at Chicago, HI. points in the New York, N.Y., commercial points in Alaska and Hawaii), and empty - No. MC 119732 (Sub-No. 7), filed June zohe and Union County, N.J., to points in containers or other such incidental fa­ 14, 1985. Applicant: PLAINFIELD Ohio, West Virginia, Kentucky, Indiana, cilities (not specified) used in trans­ TRUCKING, INC., Plainfield, Wis. Ap­ Hlinois, Missouri, Arkansas, Oklahoma, porting the commodities specified above, plicant’s attorney: Edward Solie, Ex­ Michigan, Kansas, Colorado, New Mexi­ on return. Note : If a hearing is deemed ecutive Building, Suite 100, '4513 Vernon co, Arizona, California, Nevada, Utah, necessary, applicant requests it be held Boulevard, Madison 5, Wis. Authority Iowa, Minnesota, Nebraska, South Da­ at Fayetteville, or Charlotte, N.C. sought to operate as a contract carrier, kota, North Dakota, Wyoming, Idaho, No. MC 118755 (Sub-No. 4) , filed June by motor vehicle, over irregular routes, Montana, Oregon, and Washington, and 14, 1965. Applicant: S. S. CIEUTAT, transporting: Bean harvesters (bean har­ exempt commodities, on return. Note: doing business at CIEUTAT PRODUCE vesting machinery), hetween points in If a hearing is deemed necessary, appli­ CO., Route 1, Box 147A, Riverdale, Ga. Wisconsin, niinois, Indiana, Arkansas, cant requests it be held at New York, Authority sought to operate as a com­ Oklahoma, Missouri, Tennessee, Ken­ N.Y. mon carrier, by motor vehicle, over ir­ tucky, Michigan, Minnesota, Iowa, and No, MC 123885 (Sub-No. 3), filed June regular routes, transporting: Bananas, those in Texas on and east of U.S. High­ 14, 1965. Applicant: C AND R TRANS­ from Jacksonville, Fla., to Atlanta, Ga. way 83, restricted to service to be per­ FER CO., a corporation, 1315 West N ote: If a hearing is deemed necessary, formed under a continuing contract, or Blackhawk, Sioux Falls, S. Dak. Appli­ applicant requests it be held at Atlanta, contracts, with the Green Giant Co., cant’s attorney: Mead Bailey, 509 South Ga. Beaver Dam, Wis. N ote: Applicant Dakota Avenue, Sioux Falls, S. Dak. Au­ No. MC 119096 (Sub-No. 2) , filed June states no duplicating authority is sought. thority sought to operate as a common 16, 1965. Applicant: HAROLD E. If a hearing is deemed necessary, ap­ carrier, by motor vehicle, over irregular BJORKLUND, doing business as BJORK- plicant requests it be held at Madison, routes, transporting: Machinery and LUND TRUCKING, Route 1, Buffalo, wis, : contractors’ materials, equipment, and Minn. Applicant’s attorney: Val M. No. MC 119767 (Sub-No. 87).filed June supplies, and commodities which, by rea­ Higgins, 1000 First National Bank Build­ 14, 1985. Applicant: BEAVER TRANS­ son of their size or weight, require the ing, Minneapolis, Minn., 55402. Author­ PORT CO., a corporation, 100 South use of special equipment or special han­ ity sought to operate as a common car­ Calumet Street, Burlington, Wis. Appli­ dling, between points in South Dakota, rier, by motor vehicle, over irregular cant’s representative: Fred H. Figge, Post Montana, Nebraska, North Dakota, and routes, transporting: Dry mink feed in­ Office Box 339, Burlington, Wis. Author­ Wyoming. N ote: Applicant is also au­ gredients in bulk and in bags, from Fond ity sought to operate as a common car­ thorized to conduct operations as a con­ du Lac, Wis., to Glencoe, Minn. N ote: rier, by motor vehicle, over irregular tract carrier in Permit No. MC 112306 If a hearing is deemed necessary, appli­ routes, transporting: Frozen foods, from and subs thereunder, therefore, dual op­ cant requests it be held at Minneapolis, Humboldt, Tenn., to points in Hlinois, erations may be involved. If a hearing is Minn. Indiana, Michigan, Ohio, and Wiscon­ deemed necessary, applicant requests it No. MC 119164 (Sub-No. 20), filed sin. N ote : If a hearing is deemed neces­ be held at Rapid City, S. Dak. June 14, 1965. Applicant:' J-E-M sary, applicant requests it be held at Chi­ No. MC 124211 (Sub-No. 36), filed June TRANSPORTATION CO., INC., 509 Lib­ cago, HI. 3.1965. Applicant: HILT TRUCK LINE, erty Street, Syracuse, N.Y., 13204. Ap­ No. MC 119767 (Sub-No. 88), filed June INC., 1813 Yolande, Post Office Box 824, plicant’s representative: Charles H. 14, 1965. Applicant: BEAVER TRANS­ Lincoln, Nebr. Applicant’s attorney: Trayford, 200 East 42d Street, New PORT CO., a corporation, 100 South Richard A. Peterson, Box 2028, Lincoln, York 17, N.Y. Authority sought to op­ Calumet Street, Burlington, Wis. Appli­ Nebr. Authority sought* to operate as a erate as a common carrier, by motor ve­ cant’s representative: Fred H. Figge common carrier, by motor vehicle, over hicle, over irregular routes, transporting: (same address as applicant). Author­ irregular routes, transporting: Feed and Comrhodities in bulk (excluding cement), ity sought to operate as a common feed ingredients, in bulk and in bags, (1) between points in New York; (2) carrier, by motor vehicle, over irregu­ and damaged and rejected shipments of between points in Massachusetts; <3) lar routes, transporting: Meats, meat the commodities specified, between the from points in New York and Massachu­ products, . meat byproducts and arti­ plantsites of Darling & Co.» located at setts, to points in Massachusetts, Con­ cles distributed by meat packinghouses, Cedar Rapids and Alpha, Iowa, on the necticut, Rhode Island, New Hampshire, from Duluth, Minn., to points in Hlinois, one hand, and, on the other, points in and Vermont, and (4) from points in Indiana, Michigan, Ohio, and Wiscon­ Nebraska, North Dakota, South Dakota, New York, to points in Pennsylvania, sin. Note: If a hearing is deemed neces­ Wyoming, Montana, Colorado, Utah, and restricted to shipments having a prior sary, applicant requests it be held at Idaho. Note: If a hearing is deemed movement by rail from points oh the Chicago, 111. necessary, applicant requests it be held No. MC 119767 (Sub-No. 89), filed June at Chicago, 111. T - lines of the New York Central System. No. MC 124218 (Sub-No. 8), filed June N ote: If a hearing is deemed necessary, 16, 1965. Applicant: BEAVER TRANS­ applicant requests it be held at New PORT CO., a corporation, 10Q South Cal­ 14.1965. Applicant: UNIT TRANSPOR­ York, N.Y. umet Street, Burlington, Wis. Appli­ TATION, INC., Ford Boulevard and Finn No. MC 119531 (Sub-No. 41), filed cant’s representative: Fred H. Figge, Street, Post Office Box 86, Hamilton, June 16, 1965. Applicant: DIECK- Post Office Box 339, Burlington, Wis. Ohio. Applicant’s attorney: Albert J; BRADER EXPRESS, INC., 5391 Wooster Authority sought to operate as a com­ Tener, Bank of Jamestown Building, Road, Cincinnati, Ohio, 45226. Appli­ mon carrier, by motor vehicle, over irreg­ Jamestown, N.Y., 14701. Authority cant’s attorney; Charles W. Singer, 33 ular routes, transporting: Meats, meat sought to operate as a common carrie, North La Salle Street, Chicago, HI., 60602. products, meat byproducts, bakery goods, by motor vehicle, over irregular route , Authority sought to operate as a com­ and frozen foods, from points in Coles transporting: Folding tent trailers, inci­ mon carrier, by motor vehicle, over ir­ County, HI., to points in Michigan. dental parts and accessories, and aamr* regular routes, transporting: (1) Glass­ Note: If a hearing is deemed necessary, Using material related thereto, in ware, glass containers, caps, covers, s top­ applicant requests it be held at Chicago, movements, in truckaway service, fr pers, or tops for glass containers, and 111. Lodi, Calif., to points in the Unitea paper cartons, between Bremen, Canal No. MC 123393 (Sub-No. 65), filed June States, except Hawaii and A laska, an Winchester» and Lancaster, Ohio, on the 21, 1965. Applicant: BILYEU REFRIG­ returned folding tent trailers (inclu Friday, J y ly 9, 1965 FEDERAL REGISTER 8713 transportation by the truckaway service) fer Road, Hammond, Ind. Applicant’s No. MC 126118 (Sub-No. 2), filed June in secondary movements, from points in attorney: David Axelrod, 39 South La 18, 1965. Applicant: GEORGE M. HILL, the United States, except Hawaii and Salle Street, Chicago, HI. Authority doing business as HILL TRUCKING Alaska, to Lodi, Calif. N ote : If a hear­ sought to operate as a common carrier, COMPANY, Route 8, Johnson City, Tenn. ing is deemed necessary, applicant re­ by motor vehicle, over irregular routes, Applicant’s attorney: Clifford E. Sanders, quests it be held at Buffalo, N.Y. transporting: Aluminum dross, in bulk, 321 East Center Street, Kingsport, Tenn., ' No. MC 124652 (Sub-No. 4), filed in dump vehicles, from East Chicago, 37660. Authority sought to operate as a June 10, 1965. Applicant: JULIAN P. Ind., and Toledo, Ohio, to points in In­ common carrier, by motor vehicle, over DUNCAN, doing business as DUN­ diana, Ohio, Michigan, and Pennsyl­ irregular routes, transporting: Malt CAN TRANSFER, Box 1, Riverton, Va. vania. N ote: If a hearing is deemed beverages, (1) from Baltimore, Md., to Applicant’s representative: Eston H. necessary, applicant requests it be held Johnson City, Tenn., and Marion and Alt, Post Office Box 81, Winchester, Va. at Chicago, 111. Norton, Va., and (2) from Evansville, Authority sought to operate as a con­ No. MC 125918 (Sub-No. 4), filed June Ind., to Johnson City, Tenn. Note: If a tract carrier, by motor vehicle, over ir­ 17, 1965. Applicant: JOHN A. DI MEG- hearing is deemed necessary, applicant regular routes, transporting: Masonry LIO, Whitehorse Pike, Ancora, N.J. Ap­ requests it be held at Washington, D.C. and mortar cement, from Riverton, Va., plicant’s representative: George A. Ol­ No. MC 126159 (Sub-No. 1), filed June to points in New York, Ohio, South Caro­ sen, 69 Tonnele Avenue, Jersey City, N.J., 18, 1965. Applicant: ROC-SALT lina, and Tennessee. N ote: Applicant 07306. Authority sought to operate as TRANSPORT, INC., 4875 North 32d states the proposed service to be under a contract carrier, by motor vehicle, over Street, Milwaukee, Wis. Applicant’s at­ continuing contract or contracts with irregular routes, transporting: Brick, torney : Frank M. Coyne, Bank of Madi­ Riverton Lime and Stone Co., Inc., of tile and clay products, from Ancora, N.J., son Building, 1 West Main Street, Madi­ Riverton, Va. It is further noted that to points in New Jersey, restricted to son, Wis., 53703. Authority sought to applicant has common carrier authority traffic having prior movement by rail­ operate as a common carrier, by motor under MC 116422 therefore, dual opera­ road. N ote : Applicant states the pro­ vehicle, over irregular routes, transport­ tions may be involved. If a hearing is posed operations will be under continu­ ing: Salt, from Milwaukee, Wis., to deemed necessary, applicant requests it ing contract with Diener Brick Co., Col- points in Hlinois and the Upper Penin­ be held at Washington, D.C. lingswood, N.J. If a hearing is deemed sula of Michigan. N ote : If a hearing is No. MC 125261 (Sub-No. 1), filed June necessary, applicant requests it be held deemed necessary, applicant requests it 9, 1965. Applicant: O. H. NICHOLAS at Philadelphia, Pa., or Washington, D.C. be held at Madison, Wis. TRANSFER AND STORAGE COM­ No. MC 126091 (Sub-No. 1) (AMEND­ No. MC 126504 (Sub-No. 2), filed June PANY, a corporation, 324 South McKean MENT), filed April 22, 1965, published 11, 1965. Applicant: BENEDETTO Street, Butler, Pa. Applicant’s attorney: F ederal R egister issue May 26, 1965, TRUCKING CO., INC., 1345 Dumont Henry M. Wick, Jr., 1515 Park Building, amended June 23, 1965, and republished Avenue, Brooklyn, N.Y. Applicant’s at­ Pittsburgh, Pa. Authority sought to as amended this issue. Applicant: K. J. torney: Arthur J. Piken, 160-16 Jamaica operate as a common carrier, by motor FRALEY AND E. W. SCHILLING, a Avenue, Jamaica 32, N.Y. Authority vehicle, over irregular routes, transport­ partnership, doing business as FRALEY sought to operate as a contract carrier, ing: (1) General commodities (restricted AND SHILLING, Rural Route 1, Rush- by motor vehicle, over irregular routes, to traffic having a prior or subsequent ville, Ind. Applicant’s attorney: Donald transporting: Woodenware, stainless movement in rail trailer-on-flatcar serv­ W. Smith, Suite 511, Fidelity Building, steel flatware, enamelware, stoneware, ice) between Butler, Pa., on the one hand, Indianapolis, Ind. Authority sought to stainless steel holloware, sterling silver and, on the other, points in Allegheny, operate as a contract carrier, by motor flatware, glasstvare, household linens, Beaver, Butler, and Mercer Counties, Pa., vehicle, over irregular routes, transport­ candles and cast iron candlesticks, from and (2) soap and soap products, between ing: (1) Metals and metal alloys, re­ the piers and appraisers’ stores and pub­ Butler, Pa., on the one hand, and, on the fractories, gravel and crushed rock, ores, lic warehouses in New York, N.Y., com­ other, points in Allegheny, Armstrong, and lime, in containers and in bulk, in mercial zone as defined by the Commis­ Butler, and Westmoreland Counties, Pa. dump trucks, and chemicals, in con­ sion to Mt, Kisco, N.Y. N ote : Applicant Note : If a hearing is deemed necessary, tainers, from points in Delaware, Illi­ states the proposed operation will be applicant requests it be held at Pitts­ nois, Indiana, Maryland, Michigan, New under a continuing contract with Dansk burgh, Pa. Jersey, New York, Ohio, Pennsylvania, Importing Co., Inc. Applicant has a No. MC 125506 (Sub-No. 3), filed June Virginia, West Virginia, and Wisconsin, pending application in MC 126504 (in 16, 1965. Applicant: JOSEPH ELETTO to the plant sites of Vanadium Corp. of part) seeking authority to transport the TRANSFER, INC., 31 West Street, Marks America, located near Mingo Junction same commodities for the same shipper to Place, Valley Stream, N.Y. Applicant’s and Byesville, Ohio, and Graham, W. Va., Great Neck, N.Y. Applicant states that attorney: Morris Honig, 150 Broadway, (2) metals and metal alloys, from the shipper has moved its plant facilities New York 38, N.Y. Authority sought to plantsites Of Vanadium Corp. of Amer­ from Great Neck, N.Y., to Mt. Kisco, operate as a contract carrier, by motor ica, located near Mingo Junction, Ohio, N.Y., and if and when such part in MC vehicle, over irregular routes, transports and Graham, W. Va., to points in Mary­ 126504 is granted it will consent to can­ mg: Such merchandise as is dealt in by land, Delaware, New Jersey, New York, cellation of that authority. If a hearing retail department stores, between New Pennsylvania, Virginia, Michigan, Indi­ is deemed necessary, applicant requests York, N.Y.-, and Stamford, Conn. N ote: ana, Illinois, Ohio, West Virginia, and it be held at New York, N.Y. If a hearing is deemed necessary, appli­ Wisconsin, and (3) metals and metal al­ No. MC 126810 (Sub-No. 2), filed June cant requests it be held at New York, loys, and chemicals, in containers, from 11,1965. Applicant: GREIFF TRUCK­ N.Y. the plantsite of Vanadium Corp. of ING CORP., 34 Bogart Street, Brooklyn, No. MC 125777 (Sub-No. 67), fil América, located near Byesville, Ohio, N.Y. Applicant’s attorney: Abel Just, M65. Applicant: JACK GR£ to points in Maryland, Delaware, New 135 Broadway, New York 6, N.Y. Au­ TRANSPORT, INC., 3200 Gibson Tran Jersey, New York, Pennsylvania, Vir­ thority sought to operate as a common ier Road, Hammond, Ihd. Applicai! ginia, Michigan, Indiana, Illinois, Ohio, carrier, by motor vehicle, over irregular attorney: David Axelrod, 39 South ] West Virginia, and Wisconsin. Note: routes, transporting: Garments, textiles, S r L SÌreet' Chicago 3, 111. Authori Applicant states the operations as pro­ finished textiles, sweaters and curtains, ougnt to operate as a common carrU posed are “limited to a transportation between New York, N.Y., on the one y motor vehicle, over irregular routx service to be performed under a continu­ hand, and, on the other, points in Nassau i*r.a?Sport*n^ : Sand and (travel, in bu] County, N.Y, Note: If a hearing is m dump vehicles, from Pacific, Mo., ai ing contract or contracts with the Va­ deemed necessary, applicant requests it Points within five (5) miles theréof, nadium Corp. of America, New York, be held at New York, N.Y. points in Illinois and Indiana. Note f N.Y.” The purpose of this republication No. MC 126859 (Sub-No. 1), filed June doomed necessary, applica is to more clearly show the commodity 11, 1965. Applicant: M. HURLIMAN, requests it be held at Chicago, 111. description as shown above, in lieu of 8625 North Borthwick Avenue, Portland, *o.MC 125777 (Sub-No. 68), fil that previously published. If a hearing Oreg. Applicant’s attorney: Charles J. TRATVQóÌÌSm Applicant: JACK GRA is deemed necessary, applicant requests Williams, 1060 Broad Street, Newark, TRANSPORT, INC., 3200 Gibson Tran it be held at Washington, D.C. N.J. Authority sought to operate as a 8714 NOTICES contract carrier, by motor vehicle, over transporting: Acids, chemicals, f ertilizer, Amarillo Building, Amarillo, Tex. Au­ irregular routes, transporting: Automo­ and fertilizer ingredients, between points thority sought to operate as a common tive and truck parts and accessories, in Illinois, Indiana, Iowa, Kansas, Min­ carrier, by motor vehicle, over irregular from Chicago, East Chicago, and Rock­ nesota, Missouri, Nebraska, South routes, transporting: Cotton seed feed ford, 111., Nappanee, Ind., Davenport, Dakota, and Wisconsin. N ote: Appli­ products, premix, alfalfa pellets, and Iowa, Baltimore, Md., Detroit, Wyan­ cant is also authorized to conduct opera­ other feed or mixture of feeds for feed dotte, Grand Rapids, Lansing, and tions as a contract carrier in Permit lots, in bulk, between points in that part Saginaw, Mich., Toledo and Cleve­ MC 110117 and subs thereunder, there­ of Oklahoma bounded by a line begin­ land, Ohio, and Milwaukee, Wis., to fore, dual operations may be involved. ning at the Kansas-Ok’ahoma State line Bend, Grants Pass, and Portland, Oreg. If a hearing is deemed necessary, appli­ and extending along U.S. Highway 77 to N ote: Applicant states the service pro­ cant requests it be held at Chicago, 111., Oklahoma City, Okla., thence west along posed to be restricted to service to be per­ or St. Louis, Mo. U.S. Highway 66 to the Oklahoma-Texas formed under a continuing contract or No. MC 127253 (Sub-No. 10), filed State line, points in that part of Texas contracts with Auto Wheel Service, Inc., June 14, 1965. Applicant: GRACE LEE bounded by a line beginning at the Okla­ of Portland, Oreg. If a hearing is CORBETT, doing business as R. A. homa-Texas State line and extending deemed necessary, applicant requests it CORBETT TRANSPORT' Post Office along U.S. Highway 283 to junction U.S. be held at Washington, D.C. Box 86, Lufkin, Tex. Applicant’s at­ Highway 380, thence along U.S. Highway No. MC 127063 (CLARIFICATION), torney: Ewell H. Muse, Jr., Suite 415, 380 to the Texas-New Mexico State line, filed March 15, 1965, published F ederal Perry-Brooks Building, Austin, Tex., points in Curry County, N. Mex., and R egister issue of April 14, 1965, clarified 78701. Authority sought to operate as a points in that part of Kansas bounded by June 16, 1965, and republished this issue. common carrier, by motor vehicle, over a line beginning at the Kansas-Colorado Applicant: WILLIAM R. WEATHER­ irregular routes, transporting: Petro­ State line and extending along U.S. FORD AND CHARLES E. McLEAN, a leum and petroleum products, in bulk, in Highway 50 to junction U.S. Highway partnership, doing business as DALLAS tank vehicles, from Rila, La., and points 283, thence south along U.S. Highway DIRECT CONTRACT CARRIER, 2813 within five <5) miles thereof, to points 283 to the Kansas-Oklahoma State line. Beasley Drive, Garland, Tex. Appli­ in Mississippi and Louisiana. N ote: N ote: Applicant states that it intends cant’s attorney: Virgil A. Lowrie, 2620 Applicant states the above-proposed to transport exempt commodities on re­ Fidelity Union Tower, Dallas, Tex. Au­ operation will be restricted against tack­ turn movements. If a hearing is deemed thority sought to operate as a contract ing or joining with any other authority necessary, applicant requests it be held carrier, by motor vehicle, over irregular held by carrier for the purpose of per­ at Oklahoma City, Okla. routes, transporting: New uncrated and forming through service. If a hearing No. MC 127347, filed June 7,1965. Ap­ crated household furniture, frfom Hazel­ is deemed necessary, applicant requests plicant: G. BERNARD KALLIO, GENE wood, Morganton, Lenoir, Hickory, it be held at Shreveport, La. A. HESTERBERG, JOHN D. RUPP A, Statesville, Lexington, Thomasville, High No; MC 127306 (Sub-No. 1>, filed AND JOHN R. RIIPPA, a partnership, Point, and Sanford, N.C., Martinsville, June 14, 1985. Applicant: M. W. doing business as LAKE FOREST Stanleytown, Bassett, Roanoke, and Al­ McCURDY & CO., INC., 401 Nora’s Lane, TRUCKING CO., 801 Calumet Street, tavista, Va., to points in Dallas County, Houston, Tex. Applicant’s attorney: Lake Linden, Mich. Applicant's attor­ Tex., and defective shipments on re­ Harold R. Ainsworth, 2307 American ney: Gordon J. Jaaskelainen (same ad­ turn. N ote: The purpose of this repub­ Bank Building, New Orleans, La. Au­ dress as applicant). Authority sought to lication is to clearly set forth the author­ thority sought to operate as a common operate as a contract carrier, by motor ity sought. If a hearing is deemed neces­ carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ sary, applicant requests it be held at routes, transporting: Bananas, from ing: Unfinished lumber, logs, and pulp- Dallas Tex Freeport, Tex., to points in Arizona, Cali­ wood and other secondary forest prod­ No. MC 127163 (Sub-No. 1), filed June fornia, Colorado, Idaho, Illinois, Iowa, ucts limited to continuing contracts with 11, 1965. Applicant: LOUIS MAURO, Kansas, Minnesota, Missouri, Nebraska, Silver Forest Products and Portage Lake 134 Dakar Street, Port Elizabeth, N.J. New Mexico, North Dakota, Oklahoma, Lumber Co, from points in Houghton Applicant’s representative: George A. South Dakota, Texas, and Utah. Note: County, Mich., to points in Oconto, Olsen, 69 Tonnele Avenue, Jersey City, If a hearing is deemed necessary appli­ Langlade, Forest, Lincoln, Marathon, N.J., 07306. Authority sought to oper­ cant requests it be held at New Orleans, Marinette, Winnebago, Brown, and ate as a common carrier, by motor vehi­ La. Manitowac Counties, Wis. Note: If a cle, over irregular routes, transporting: No. MC 127327, filed June 7, 1965. hearing is deemed necessary, applicant Foodstuffs, from the warehouse of L&M Applicant: INTERSTATE DRIVERS requests it be held at Lansing, Mich. Stores, Inc., located at Port Elizabeth, SERVICE INC., c/o T. Stanley Bloch, No. MC 127358, filed June 14, 1965. N.J., to points in Connecticut. N ote : If Esq., 32 Broadway, Room 714, New York, Applicant: J. W. DAUGHERTY, 600 a hearing is deemed necessary, applicant N.Y., 10004. Applicant’s representative: Leigh Avenue, Pennington Gap, Va. Au­ requests it be held at New York, N.Y. Charles H. Trayford, 220 East 42d thority sought to operate as a contract No. MC 127198 (Sub-No. 1), filed June Street, New York 17, N.Y. Authority carrier, by motor vehicle, over irregular 9, 1965. Applicant: C. F. HEARN, do­ sought to operate as a common carrier, routes, transporting: Scrap paper, scrap ing business as HEARN TRUCKING by motor vehicle, over irregular routes, copper, scrap aluminum, scrap lead, and COMPANY, Colon, N.C. Applicant’s at­ transporting: Used automobiles, station scrap iron, from Kingsport, Tenn., to torney: Vaughan S. Winborne, Capital wagons and small trucks under 1-ton Sandusky, Ohio, and feed, grain and hay Club Building, Raleigh, N.C. Authority capacity, in driveaway service, with or from Cincinnati, Ohio to Kingsport, sought to operate as a contract carrier, without baggage, personal effects and Tenn., on return. N ote: Applicant is by motor vehicle, over irregular routes, pets, between points in New York, New also authorized to conduct operations as transporting: Brick, in truckloads, from Jersey, and Connecticut, on the one a common carrier in Certificate MC Colon, N.C., to points in Virginia, South hand, and, on the other, points in New 116175, therefore dual operations may be Carolina, Washington, D.C., commercial York, North Carolina, South Carolina, involved. If a hearing is deemed neces­ zone, Baltimore, Md„ commercial zone, Georgia, Florida, Ohio, Indiana, New sary, applicant requests it be held at and Atlanta, Ga., commercial zone, and Jersey, Illinois, Missouri, Kansas, Okla­ Big Stone Gap, Va. . exempt commodities, on return. N ote: homa, Texas, Colorado, Connecticut, No. MC 127362, filed June 15, 1903- If a hearing is deemed necessary, appli­ New Mexico, Arizona, Nevada, Cali­ Applicant: H. L. KNEPSHIELD, Rural cant requests it be held at Raleigh, N.C. fornia, Oregon, and Washington. Note: Delivery No. 1, Sigel, Pa. Applicants No. MC 127215 (Sub-No. 4), filed If a hearing is deemed necessary, appli­ attorney f H. Ray Pope, Jr., 10 Grant June 17, 1965. Applicant: KENDRICK cant requests it be held at New York, Street, Clarion, Pa., 16214. Authority CARTAGE CO., a corporation, Salem, 111. N.Y. sought to operate as a common came , Applicant’s attorney : Thomas F. Kilroy, No. MC 127345, filed June 7, 1965. by motor vehicle, over irregular rou e , Federal Bar Building, 1815 H Street Applicant: LOWAL LEON HAND, doing transporting: Logs and lumber, betwee NW., Washington, D.C., 20006. Authority business as LOWAL HAND TRUCKING points in Jefferson, Forest, Clarion, a sought to operate as a common carrier, CO., Post Office Box 287, Buffalo, Okla. Venango Counties, Pa., on the one hano, by motor vehicle, over irregular routes, Applicant’s attorney: Grady L. Fox, 222 and, on the other, points in Ohio, New Friday, July 9, 1965 FEDERAL REGISTER 8715 York, Michigan, Virginia, and ports of a contract carrier, by motor vehicle, over Applicant’s attorney: Alan F. Wohlstet- entry on the international boundary line irregular routes, transporting: (1) Con­ ter, 1 Farragut Square South, Washing­ between the United States and Canada struction granite, from the port of entry ton, D.C., 20006. Authority sought un­ at Buffalo, N.Y. N ote: If a hearing is located on the international boundary der Part TV of the Interstate Commerce deemed necessary, applicant requests it line between the United States and Can­ Act as a freight forwarder in interstate be held at Pittsburgh, Pa., or Buffalo. ada located at or near Derby Line, Vt., or foreign commerce, in the forwarding N.Y. to New York, N.Y., restricted to traffic of used household goods, used automo­ No. MC 127365, filed June 28, 1965. consigned by Silver Granite Industries, biles and unaccompanied baggage, be­ Applicant: ALAMO TRANSPORTA­ St. Samuel, Quebec, Canada; and (2) tween points in the United States, in­ TION, INC., Route 13, Box 540, San lumber, from the ports of entry located cluding Alaska and Hawaii. Antonio, Tex. Applicant’s attorney: on the international boundary line be­ No. FF-318 (THE LOOP LINE INC.) Dan Pelts, Post Office Box 1117, Austin, tween, the United States and Canada Freight Forwarder Application, filed Tex. Authority sought to operate as a located at or near Rouses Point, N.Y., June 15, 1965; Applicant: THE LOOP common carrier, by motor vehicle, over and Derby Line, Vt., to points in Maine, LINE INC., 339 West Pittsburgh Avenue, irregular routes, transporting: Fixtures, New Hampshire, Vermont, Massachu­ Milwaukee, Wis. Authority sought under including but not limited to refrigeration setts, Connecticut, and New York, re­ Part IV of the Interstate Commerce Act units, display cases, prefabricated walk- stricted to traffic consigned by Lake as a freight forwarder, in interstate or in coolers, and air-conditioning units Megantic Pulp Co. N ote: If a hearing foreign commerce, through the use of other than window, when moving in is deemed necessary, applicant requests facilities of common carriers by railroad mixed shipments consisting of crated it be held at Montpelier, Vt. and motor vehicle in the transportation and uncrated items, between San An­ M otor Carriers op P assengers of general commodities, from Metropoli­ tonio, Tex,, on the one hand, and, on tan Chicago, HI., to Metropolitan Mil­ the other, points in the continental No. MC 109736 (Sub-No. 24), filed waukee, Wis. United States including the ports of June 11, 1965. Applicant: CAPITOL No. FF-319 (JOSEPH H. BROWN & entry located on the international BUS COMPANY, a corporation, Fourth SON) Freight Forwarder Application, boundary lines between the United and Chestnut Streets, Harrisburg, Pa. filed June 21,1965. Applicant: JOSEPH States and Canada and between the Applicant’s attorney: James E. Wilson, H. BROWN & SON, 6930 Market Street, United States and Mexico. N ote: If a Perpetual Building, 1111 E Street NW., El Paso, Tex. Authority sought under hearing is deemed necessary, applicant Washington, D.C. Authority sought to Part IV of the Interstate Commerce Act requests it be held at Dallas, Tex. operate as a common carrier, by motor as a freight forwarder in interstate or No. MC 127367, filed June 1I> 1965. vehicle, over regular routes, transport­ foreign commerce, through the use of Applicant: NORMAN J. NISSEN, doing ing: Passengers and their baggage, and facilities of common carriers by railroad business as NUBS AUTO SALES & express and newspapers in the same ve­ and motor vehicle in the transportation SERVICE, 2007 Woodville Road, Oregon, hicle with passengers, between Bingham- of imported fresh and frozen perishable Ohio. Applicant’s attorney: James A. town, N.Y., and Scranton, Pa.: From food products, from El Paso, Tex., to Baird, Suite 1019 Edison Building, To­ Binghamton over New York Highway 17 Phoenix and Tucson, Ariz.; St. Louis and ledo, Ohio, 43604. Authority sought to to junction Interstate Highway 81, Marshall, Mo.; San Diego, Oakland, Los operate as a common carrier, by motor thence over Interstate Highway 81 to Angeles, and San Francisco, Calif.; Chi­ vehicle, over irregular routes, transport­ Scranton, and return over the same route cago, HI.; Jersey City, N.J.; and Phila­ ing: Damaged and/or disabled motor serving no intermediate points. Restric­ delphia, Pa. vehicles, including automobiles, trucks, tion: Transportation of passengers orig­ semitractors and trailers via tow-a-way inating at or destined to New York, N.Y., Water Carrier Applications service and replacement motor vehicles Newark, N.J., Scranton, Pa., or Wilkes- WATER CARRIERS OF PROPERTY where applicable via tow-a-way serv­ Barre, Pa., is prohibited. N ote: If a ice, between points in Lucas, Wood, and hearing is deemed necessary, applicant NO. W-630 (Sub-No. 25) (A. L. MECH- Sandusky Counties, Ohio, on the one requests it be held at Scranton, Pa. LING BARGE LINES, INC.), Extension, hand, and, on the other, points in that No. MC 119098 (Sub-No. 5), filed June Arkansas River, filed June 23, 1965. Ap­ part of Indiana east of U.S. Highway 41 11, 1965. Applicant: SMITH BUS plicant: A. L. MECHLING BARGE and north of U.S. Highway 50, points in SERVICE, INC:, 302 York Street, Man­ LINES, INC., 51 North Desplaines Street, mat part of Michigan south of Michigan chester, Md. Applicant’s representative: Joliet, HI. Applicant’s attorney: S. S. Highway 55 and points in Ohio. N o t e : Donald E. Freeman, 172 East Green Eisen, 140 Cedar Street, New York 6, N.Y. If a hearing is deemed necessary, appli­ Street, Post Office Box 880, Westminster, Application of A. L. Mechling Barge cant requests it be held at Columbus, Md., 21157. Authority sought to operate Lines, Inc., filed June 23, 1965, for a re­ Ohio. as a common carrier, by motor vehicle, vised certificate to include operations as 1 N°; MC 127370, filed June 11, 1965. over regular routes, transporting: Pas­ a common carrier by water in interstate Applicant: VERNON A. LINTON, R.P.D. sengers and their baggage, and express or foreign commerce, by non-self-pro­ 4, Box 85, Sykesville, Md. Applicant’s and newspapers, in the same vehicle with pelled vessels with the use of separate epresentative: Donald E. Freeman, 172 passengers, between Baltimore, Md., and towing vessels in the transportation of East Green Street, Westminster, Md. Littlestown, Pa., (a) from Baltimore over general commodities, and by towing ves­ utnority sought to operate as a contract Maryland Highway 26 to Eldersburg, sels in the performance of general towage earner, by motor vehicle, over irregular Md., thence over Maryland Highway 32 (a) between ports and points along the routes, transporting: (1) Apple juice, in to junction Maryland Highway 97, thence Verdigris River and the Arkansas River ouik m tank vehicles, from Winchester, over Maryland Highway 97 to Westmin­ from Catoosa, Okla., to the confluence of ■IK * Sykesvme> Md., and (2) apple ster, Md., thence over U.S. Highway 140 the Arkansas River with the Mississippi viufw L 811(1 prune juice, from Sykes- to Littlestown, and return over the same River, and (b) between ports and points rUto points in Virginia, West route, and (b) between Baltimore and specified in (a) above, on the one hand, p ^ ’ Tennessee. and those points in Littlestown, over U.S. Highway 140, serv­ and, on the other, ports and points on ing all intermediate points in (a) and (b) other waterways it is authorized to serve w ^ i ynVamf 0n and west of U.S. High- pursuant to its certificate of public con­ S ? t21i ,4.and Altoona> Pa. Note: Appli- above. Note: If a hearing is deemed r S ^ i ai e! the pr°Posed service to be necessary, applicant requests it be held venience and necessity issued March 20, at Westminster, Md. 1964, in Docket No, W-630, as amended. cnrSo to service under a continuing No. W-1164 (Sub-No. 2) (A. & O. & e°* con.tracts with A. H. Renehan Applications op F reight F orwarders BARGE.LINE, INC.), Extension, Arkan­ deem Art ^fkeSVdle’ Md* K a hearing is FREIGHT FORWARDERS OF PROPERTY sas River, filed June 14,1965. Applicant: A. & O. BARGE LINE, INC., 420 Drennen 1»field atwSSnkZPDacnt “ No. FF-283 (Sub-No. 2) (SMYTH AnrYHA127380, filed June 21, 1965. Street, Van Buren, Ark. Applicant’s WORLDWIDE MOVERS, INC.) Freight attorney: Reagan Sayers, Century. Life as AnnwVrD-mPRCIER’ dol*g business Forwarder Application (all States), filed Building, Fort Worth, Tex., 76102. Ap­ T pmi D®T TRANSPORT ENRG, 34 June 22, 1965. Applicant: SMYTH plication of A. & o. Barge Line, Inc., filed Canada* ^ake Megantic* Quebec, WORLDWIDE MOVERS, INC., 11616 June 14, 1965, for a revised certificate • Authority sought to operate; as Aurora Avenue North, Seattle, Wash. No. 131----- 8 authorizing extension of its operations 8716 NOTICES to include operation as a common carrier Highway 22 to junction Pennsylvania the New Jersey termini and to add routes by water in interstate or foreign com­ Highway 61, thence over Pennsylvania (4) and (5) . This application is filed merce, transporting general commodities, Highway 61 to Reading, thence over U.S. pursuant to MC-C 4366, effective May 1, by non-self-propelled vessels, with the Highway 422 to Harrisburg, and return 1964, which provides the special rules use of separate towing vessels, as follows: over the same route, serving all inter­ for conversion of irregular route to reg­ (1) Between ports and points on the mediate points on traffic moving to, from ular route motor carrier operations Verdigris and Arkansas Rivers as fol­ and through Newark, N.J. Applicant Special Note: Protests to this applica­ lows: From Catoosa, Okla., over the Ver­ states the proposed service in (1) above, tion may be filed within 45 days instead digris River to the confluence of the will be restricted against service to points of 30 days. Arkansas River and the Verdigris River, on or west of the Susquehanna River, (2) No. MC 44592 (Sub-No. 20), filed near Muskogee, Okla., thence over the between Linden, N.J., and Reading, Pa., March 1,1965. Applicant: MIDDLE AT­ Arkansas River to its confluence with from Linden over U.S. Highway 1 to LANTIC TRANSPORTATION CO., INC., the Mississippi River, returning over the junction Pennsylvania Turnpike, thence 976 West Main Street, New Britain, Conn. same route, serving all intermediate over Pennsylvania Turnpike to junction Applicant’s attorney : John C. Bradley, points and ports; (2) between ports and Pennsylvania Highway 10, thence over Suite 618 Perpetual Building, 1111 E points on the White River as follows: Pennsylvania Highway 10 to junction In­ Street NW., Washington, D.C., 20004. From the construction site of the Arkan­ terstate Highway 176, thence over In­ Authority sought to operate as a common sas Post Canal and Lock and Dam No. 1 terstate Highway 176 to junction U.S. carrier, by- motor vehicle, over regular over the Arkansas Post Canal to Lock Highway 422. routes, transporting: General commodi­ with the Mississippi River, returning over Thence over U.S. Highway 422 to ties (except articles of unusual value, the same route, serving all intermediate Reading, and return over the same route, dangerous explosives, commodities in points and ports; (3) between Lock and serving all intermediate points on traffic bulk, commodities injurious or con­ Dam No. 2 on the Arkansas River and moving to, from, or through Linden, N.J., taminating to other lading, and house­ Lock and Dam No. 1 on the White River (3) between Trenton, N.J., and Wash­ hold goods as defined in Practices of as follows: From Lock and Dam No. 2 ington, D.C., (a) from Trenton over U.S. Motor Common Carriers of Household over the Arkansas Post Canal to Lock Highway 1 through Baltimore to Wash­ Goods, 17 M.C.C. 467), between Colum­ and Dam No. 1, returning over the same ington, D.C., and return over the same bus, Ohio, and junction Interstate High­ route, serving all intermediate points and route, serving the intermediate point way 70 and Interstate Highway 80S at or ports; and (4) between ports and points of Baltimore, Md., and (b) from Tren­ near New Stanton, Pa., (1) from Colum­ described in (1) , (2), and (3) above on ton over U.S. Highway 1 to Philadelphia, bus over U.S. Highway 40 to Washington, the one hand, and, on the other, ports Pa., thence over U.S. Highway 13 to Pa., thence over Interstate Highway 70 and points on the Mississippi River frojn Wilmington, Del., thence over U.S. High­ to junction Interstate Highway 80S at the mouth of the White River to Green­ way 40 to Baltimore, Md., thence over or near New Stanton; and return over ville, Miss., both inclusive. Service be­ U.S. Highway 1 to Washington, D.C., the same route, (la) from Columbus over tween points and ports in (1), (2), (3), and return over the same route, serving Interstate Highway 70 to junction In­ and (4) above and ports and points be­ the intermediate point of Baltimore, Md., terstate Highway 80S, at or near New yond Greenville, Miss., will be rendered (4) between Linden, N.J., and Scranton, Stanton; and return over the same route, by interchange with other carriers at Pa., from Linden over U.S. Highway 1 serving no intermediate points in (1) and Greenville. to junction U.S. Highway 22, thence over (la), but serving New Stanton for U.S. Highway 22 to junction New Jersey joinder purposes only; between Colum­ Applications in Which Handling W ith­ Highway 69, thence over New Jersey bus, Ohio, and Cleveland, Ohio, (2) from out Oral H earing Has Been R e­ Highway 69 to junction U.S. Highway Columbus over Interstate Highway 71 to quested 46, thence over U.S. Highway 46 to junc­ junction Ohio Highway 3, thence over MOTOR CARRIERS OF PROPERTY tion U.S. Highway 611, thence over U.S. Ohio Highway 3 to Cleveland, and return over the same route; (2a) over Inter­ No. MC 3753 (Sub-No. 13) (AMEND­ Highway 611 to Scranton, Pa., and return over the same route, serving all inter­ state Highway 71; serving no interme­ MENT), filed February 26, 1965, pub­ diate points in (2) and (2a), but serving lished F ederal R egister issue April 1, mediate points on traffic moving to, from, and through Linden, N.J., and (5) be­ Akron, Ohio, as an off-route point; (3) 1965, amended June 21,1965, and repub­ between Columbus, Ohio, and junction lished as amended this issue. Applicant: tween Trenton, N.J., and Scranton, Pa., from Trenton, N.J., over New Jersey Ohio Highway 14A and Ohio Highway 14 A.A.A. TRUCKING CORPORATION, 551 at or near Columbiana, Ohio, from Co­ New York Avenue, Trenton, N.J. Appli­ Highway 69 to junction U.S. Highway lumbus over U.S. Highway 62 to Salem, cant’s attorney: William P. Sullivan, 1825 46, thence over U.S. Highway 46 to junc­ tion U.S. Highway 611, thence over U.S. Ohio. Jefferson Place NW., Washington, D.C. Thence over Ohio Highway 14A to Authority sought to operate as a common Highway 611 to Scranton* and return over the same route, serving no inter­ junction Ohio Highway 14, and return carrier, by motor vehicle, over regular over the same route, serving the inter­ mediate points. Note: As a condition routes, transporting: General commodi­ mediate points of Canton, Alliance, and ties (except those of unusual value, to the grant of the above-requested au­ thority, applicant agrees to accept a Salem, Ohio, and the off-route points of Classes A and B explosives, live animals, North Canton and Akron, Ohio; (4) be­ household goods as defined by the Com­ restriction upon its presently held au­ thority to transport general commodities, tween Cambridge, Ohio, and Pittsburgh, mission, commodities in bulk, and those Pa., over U.S, Highway 22, serving no requiring special equipment, clay prod­ over irregular routes as set forth in Cer­ intermediate points, but serving Cam­ ucts, refractory products, undeliverable tificate No. MC 3753, as follows: RE­ bridge for purposes of joinder only; (5).s and refused clay products and refractory STRICTION: Restricted against service between Columbus, Ohio, and Toledo, products), (1) between Newark, N.J., and between all points served on applicant’s Ohio, over U.S. Highway 23, serving no Harrisburg, Pa., (a) from Newark over authorized regular routes, between (1) intermediate points, but serving the off- U.S. Highway 22 to Harrisburg, and Newark, N.J., and Harrisburg, Pa., (2) route point of Lima, Ohio; (6) between return over the same route, serving all Linden, N.J., and Reading, Pa., and (3) Cincinnati, Ohio, and Zanesville, Ohio, intermediate points on traffic moving.to, Linden, N.J., and Scranton, Pa. Appli­ over U.S. Highway 22, serving no inter­ from, and through Newark, N.J., (b) cant further agrees to request coinciden­ mediate points, but serving Zanesville, from Newark over U.S. Highway 22 to tal cancellation of its presently held au­ Ohio, for purposes of joinder only M 7) Allentown, Pa., thence over U.S. High­ thority to transport general commodities between Washington Court House, Ohio, way 222 to Reading, Pa., thence over over irregular routes, between Trenton, and Columbus, Ohio, over U.S. Highway U.S. Highway 422 to Harrisburg (also N.J., on the one hand, and, on the other, 62, serving no intermediate points, bu* from Reading, Pa., over Pennsylvania Scranton, Pa., Baltimore, Md., and Wash­ serving Washington Court House for pur­ Highway 61 to junction U.S. Highway 22, ington, D.C. The purpose of this repub­ poses of joinder only; (7a) between Cin­ thence over U.S. Highway 22 to Harris­ lication is to restrict service in (1) to cinnati, Ohio, and Columbus, Ohio, ove. burg) , and return over the same routes, that portion of Harrisburg, Pa., located Interstate Highway 71, serving no in­ serving all intermediate points on traf­ east of the Susquehanna River, to restrict termediate points; (8) between Cincin­ fic moving to, from and through Newark, service at intermediate points in (1) and nati, Ohio, and Cleveland, Ohio, over N.J., and (c) from Newark over U.S. (2) to traffic moving to, from and through U.S. Highway 42, serving no intermediate Friday, July 9, 1965 FEDERAL REGISTER 8717 points but serving the off-route point of ties in bulk and commodities requiring 53 andU.S. Highway 378: Prom junction Akron, Ohio, and serving Delaware, Ohio, special equipment), (1) Between Charles­ U.S. Highway 76 and South Carolina for purposes of joinder only; (9) between ton, S.C., and Little River, S.C.; Prom Highway 53 over South Carolina High­ Cincinnati, Ohio, and Dayton, Ohio, over Charleston* S.C. over UJS. Highway 17 way 53 to junction U.S. Highway 378 and U.S. Highway 25 (Interstate Highway to Little River, S.C., returning over the South Carolina Highway 53, returning 75), serving no intermediate points; be­ same route. (2) BetweenPageland, S.C., over the same route. (20) Between tween Dayton, Ohio, and Columbus, and Cherry Grove Beach, S.C.: From North, S.C., and junction U.S. Highways Ohio, (10) from Dayton over Ohio High­ Pageland, S.C., over South Carolina 78 and 178: From North, S.C., over U.S. way 4 to junction U.S. Highway 40, Highway 9 to Cherry Grove Beach, S.C., Highway 178 to junction U.S. Highways thence over U.S. Highway 40 to Colum­ returning over the same route. (3) Be­ 78 and 178, returning over the same bus, and return over the same route, tween Goose Creek, S.C., and Cheraw, route. (21) Between North Augusta, (10a) from Dayton over Ohio Highway 4 S.C.: Prom Goose Creek, S.C., over U.S. S.C., and Charleston, S.C.: Prom North to junction Interstate Highway 70. Highway 52 to Cheraw, S.C., returning Augusta, S.C., over U.S. Highway 78 to Thence over Interstate Highway 70 to over the same route. (4) Between Charleston, S.C., returning over the Columbus, and return over the same Kingsburg, S.C., and junction South same route. (22) Between Jamestown, route serving no intermediate points in Carolina Highway 41 and U.S. Highway S.C., and Walterbòro, S.C.: From James­ (10) and (10a); (11) between Dayton, 17: Prom Kingsburg, S.C. over South town, S.C., over U.S. Highway 17A to Ohio, and junction U.S. Highway 36 and Carolina Highway 41 to junction U.S. Walterboro, S.C., returning over the Interstate Highwaj7 71 at or near Berk­ Highway 17, returning over the same same route. (23) Between Walterboro, shire, Ohio, from Dayton over Ohio route. (5) Between Columbia, S.C., and S.C., and Charleston, S.C.: Prom Walter­ Highway 4 to junction U.S. Highway Charleston, S.C.; Prom Columbia, S.C., boro, S.C., over South Carolina High­ 36, thence over U.S. Highway 36 to junc­ over U.S. Highway 176 to Charleston, way 64 to Jacksonboro, S.C., thence over tion Interstate Highway 71 at or near S.C., returning over the same route. (6) U.S. Highway 17 to Charleston, S.C., Berkshire, and return over the same Between Columbia, S.C.,' and Nichols, returning over the same route. (24) route, serving no intermediate points, S.C.: Prom Columbia, S.C., over U.S. Between Charleston, S.C., and Rockville, but serving Berkshire and Delaware, Highway 76 to Nichols, S.C., returning S.C.: From Charleston, S.C.,. over South Ohio, for joinder purposes only; (12) over the same route. (7) Between Co­ Carolina Highway 700 to Rockville, S.C., between Dayton, Ohio, and Lima, Ohio, lumbia, S.C., and Cheraw, S.C., from returning over the same route. (25) over U.S. Highway 25 (Interstate High­ Columbia, S.C., over U.S. Highway 1 to Between Charleston, S.C., and Polly way 75), serving no intermediate points; Cheraw, S.C., returning over the same Beach, S.C.: Prom Charleston, S.C., over between Lima, Ohio, and Toledo, Ohio, route. (8) Between Sumter, S.C., and South Carolina Highway 171 to Polly (13) over U.S. Highway 25, (13a) over Conway, S.C.: Prom Sumter, S.C., over Beach, S.C., returning over the same Interstate Highway 75, serving no inter­ U.S. Highway 378 to Conway, S.C., re­ route. (26) Between junction U.S. mediate points in (13) and (13a); (14) turning over the same route. (9) Be­ Highway 176 and South Carolina High­ between Lima, Ohio, and Cleveland, tween Marion, S.C;, and Myrtle Beach, way 6 and Santee, S.C.: Prom junction Ohio, from Lima over U.S. Highway 25 S.C.: Prom Marion, S.C., over U.S. High­ U.S. Highway 176 and South Carolina to Findlay, Ohio, thence over Ohio High­ way 501 to Myrtle Beach, S.C., return­ Highway 6 over South Carolina Highway way 12 to junction U.S. Highway 20 at ing over the same route., (10 Between 6 to Santee, S.C., returning over the or near Fremont, Ohio, thence over U.S. Sumter, S.C., and Bennettsville, S.C.:. same route. (27) Between Rantowles, Highway 20 to Cleveland, and return From Sumter, S.C., over U.S. Highway S.C., and Edisto Beach State Park, S.C.: over the same route, serving no inter­ 15 to Bennettsville, S.C., returning over Prom Rantowles, S.C., over South Caro­ mediate points, but serving Lorain, the same route. (11) Between Dillon, lina Highway 162 to Adams Run, S.C. Ohio, as an off-route point; (15) be­ „S.C., and Pee Dee, S.C.: Prom Dillon, Thence over South Carolina Highway tween Lima, Ohio, and junction Ohio S.C., over U.S. Highway 301 to Pee Dee, 174 to Edisto Beach State Park, S.C., Highway 14 and Ohio Highway 14A at S.C;, returning over the same route. returning over the same route. (28) or near Columbiana, Ohio, from Lima (12) Between Florence, S.C., and Salem, Between Walterboro, S.C., and Jackson­ over U.S. Highway 25 to junction U.S S.C.: Prom Florence, S.C., over South boro, S.C.: From Walterboro, S.C., over Highway 30N at or near Beaverdam Carolina Highway 51 to Salem, S.C., South Carolina Highway 303 through phio, thence over U.S. Highway 30N tc returning over the same route. (13) Green Pond, S.C., to junction U.S. High­ junction U.S. Highway 30 at or near Between Effingham, S.C., and junction way 17, thence over U.S. Highway 17 to Mansfield, Ohio, thence over U.S. High­ U S. Highway 301 and U.S. Highway 176: Jacksonboro, S.C., returning over the way 30 to Canton, thence over U.S. High- Prom Effingham, S.C., over U.S. Highway same route. (29) Between Branchville, way 62 to Salem, Ohio, thence over 301 to junction U.S. Highways 301 and S.C., and Ruffin, S.C.: Prom Branchville, Ohio Highway 14A to junction Ohio 176, returning over the same route. (14) S.C., over U.S. Highway 21 to Ruffin, Highway 14 and return over the same Between Columbia, S.C., and Savannah, S.C., returning over the same route. route, serving the intermediate points Ga.: From Columbia, S.C., over U.S. (30) Between Holly Hill, S.C., and of Canton, Alliance, and Salem, Ohio, Highway 321 to junction U.S. Highway Moncks Corner, S.C.: Prom Holly Hill, and the off-route points of North Can­ 17. S.C., over South Carolina Highway 453 ton and Akron, Ohio. N ote: This ap- Thence over U.S. Highway 17 and 17A to Eutawville, S.C., thence over South phcation is filed pursuant to MC-C-4366, to Savannah, Ga., returning over the Carolina Highway 6 to Moncks Comer, effective May 1,1964, which provides the same route. (15) Between Camden, S.C., returning over the same route. special rules for conversion of irregular S.G., and Manning, S.C.: From Camden, (31) Between junction South Carolina route to regular motor carrier operations. S.C., over South Carolina Highway 261 Highways 6 and 45 and St. Stephens, special Note: Protests to this applica­ to Manning, S.C., returning over the S.C.: Prom junction South Carolina nt?«1?^ be hied within 45 days instead same route. (16) Between Lancaster, Highways 6 and 45 over South Carolina or 30 days. S.C., and junction U.S. Highways 52 and Highway 45 to St. Stephens, S.C., return­ No. MC 109533 (Sub-No. 20), filed 521: Prom Lancaster, S.C., over U.S. ing over the same route. (32) Between 1965- Applicant: OVER- Highway 521 to junction U.S. Highways Pageland, S.C., and Hartsville, S.C.: «ITE TRANSPORTATION COMPANY, 52 and 521, returning over the same From Pageland, S.C., over South Caro­ corporation, 1100; Commerce Road, route. (17) Between Lancaster, S.C., lina Highway 151 to Hartsville, S.C., re­ 2 . ° fflce Box 1216, Richmond, Va. and Port Lawn, &.C.: Prom Lancaster, turning over the same route. (33) Be­ Applicant's attorney: William T. Croft, S.C., over South Carolina Highway 9 to tween Chesterfield, S.C., and Patrick, federal Bar Building, 1815 H Street NW., Fort Lawn, S.C., returning over the S.C.: Prom Chesterfield, S.C., over or^o+ngton’ D Authority sought to same route. (18) Between Rock Hill, South Carolina Highway 102 to Patrick, yerate as a common carrier, by motor S.C., and Ridgeway, S.C.: Prom Rock S.C., returning over the same route. iiwTn over re^lar routes, transport- Hill, S.C., over U.S. Highway 21 to (34) Between Kershaw, S.C., and Bish- nf8 ‘ j reneral commodities (except those Ridgeway, S.C., returning over the same opville, S.C.: From Kershaw, S.C., over anriUIR1SUal, value> livestock, Classes A route. (19) Between junction U.S. High­ South Carolina Highway 341 to Bishop- definS ?xplx°sives, household goods as way 76 and South Carolina Highway 53 ville, S.C., returning over the salice route. fined by the Commission, commodi­ and junction South Carolina Highway (35) Between Anderson, S.C., and North 8718 NOTICES Augusta, S.C.: From Anderson, S.C., over S.C.: From North Augusta, S.C., over turning over the same route. (69) Be­ U.S. Highway 178 to Greenwood, S.C., South Carolina Highway 125 to Jack- tween Easley, S.C., and Pumpkintown, thence over U.S. Highway 25 to North son, S.C., returning over the same route. S.C.: From Easley, S.C., over South Augusta, S.C., returning over the same (52) Between Beech Island, S.C., and Carolina Highway 8 to Pumpkintown, route. (36) Between Spartanburg, S.C., Yemassee, S.C.: From Beech Island, S .C ., S.C., returning over the same route. and Trenton, S.C.: From Spartanburg, over South Carolina Highway 28 to (70) Between Seneca, S.C., and Moun­ S.C., over U.S. Highway 176 to Whitmire, Yemassee, S.C., returning over the same tain Rest, S.C.: From Seneca, S.C., over S.C., thence over South Carolina High­ route. (53) Between Trenton, S.C., and SouthrCarolina Highway 28 to Mountain way 121 to Trenton, S.C., returning over Aiken, S.C.: From Trenton, S.C., over Rest, S.C., returning over the same route. the same route. (37) Between Anderson, South Carolina Highway 19 to Aiken, (71) - Between West Union, S.C., and S.C., and South Carolina-Georgia State S.C., returning over the same route. Salem, S.C. : From West Union, S.C., over line.: From Anderson, S.C., over South (54) Between Aiken, S.C., and Columbia, South Carolina Highway 11 to Salem, Carolina Highway 81 to junction South S.C.: From Aiken, S.C., over South Caro­ S.C., returning over the same route. (72) Carolina Highways 81 and 28, thence lina Highway 215 to Columbia, S.C., re­ Between Rock Hill, S.C., and Blacksburg, over South Carolina Highway 28 to turning over the same route. (55) Be­ S.C,: From Rock Hill, S.C., over South South Carolina-Georgia State line, re­ tween Wagener, S.C., and Barnwell, S.C.: Carolina Highway 5 to Blacksburg, S.C., turning over the same route. (38) Be­ From Wagener over South Carolina returning over the same route. (73) tween Greenville, S.C., and Hodges, Highway 39 to Junction South Carolina Between Andrews, S.C., and Georgetown, S.C.: From Greenville, S.C., over U.S. Highway 3, thence over South Carolina S.C.: From Andrews, S.C., over U.S. Highway 25 to Hodges, S.C., returning Highway 3 to Barnwell, S.C., returning Highway 521 to Georgetown, S.C., re­ over the same route. C39) Between over the same route. (56) Between turning over the same route. Applicant Greenville, S.C., and Columbia, S.C.: Snelling, S.C., and Walterboro, S.C.: proposes to serve all intermediate points From Greenville, S.C., over U.S. High­ From Snelling, S.C.,- over South Caro­ on routes 1-73, and all off-route points way 276 to junction U.S. Highway 76. lina Highway 64 to Walterboro, S.C., re­ within 30 miles of the above-designated Thence over U.S. Highway 76 to Co­ turning over the same route. (57) Be­ routes 1-73. Note: This application is lumbia, S.C., returning over the same tween Yemassee, S.C., and Hunting Is­ filed pursuant to MC-C-4366, effective route. „ (40) Between Chester, S.C., and land State Park, S.C.: From Yemassee, May 1, 1964, which provides the special Calhoun Falls, S.C.: From Chester, S.C., S.C., over U.S. Highway 21 to Hunting rules for conversion of irregular route over South Carolina Highway 72 to Cal­ Island State Park, S.C., returning over to regular motor carrier operations. houn Falls, S.C., returning over the same the same route. (58) Bétween Harcfee- S pecial Note: Protests to this applica­ route. (41) Between Jonesville, S.C., ville, S.C., and Pocotaligo, S.C. : From tion may be filed within 45 days instead and Chester, S.C.: From Jonesville, S.C., Hardeeville, S.C., over U.S. Highway 17 of 30 days. over South Carolina Highway 9 to to Pocotaligo, S.C., returning over the No. MC 114897 (Sub-No. 61), filed June Chester, S.C., returning over the same same route. (59) Between Tarboro, S.C., 21, 1965. Applicant: WHITFIELD routed (42) Between Union, S.C., and and Ehrhardt, S.C. : From Tarboro, S.C., TANK LINES, INC., 300-316 North Clark Lockhart, S.C.: From Union, S.C., over over U.S. Highway 601 to Ehrhardt, S.C., Road, (Post Office Drawer 9897), El Paso, South Carolina Highway 49 to Lockhart, returning over the same route. (60) Be­ Tex., 79989. Authority sought to operate S.C., returning over the same route. (43) tween Beaufprt, S.C., and junction as a common carrier, by motor vehicle, Between Spartanburg, S.C., and Ware South Carolina Highway 170 and U.S. over irregular routes, transporting: Shoals, S.C.: From Spartanburg, S.C., Highway 17: From Beaufort, S.C., over Liguid fertilizer and soiT conditioners over U.S. Highway 221 to Laurens, S.CM South Carolina Highway 170 to junc­ solutions, in bulk, in tank vehicles, from thence over South Carolina Highway 252 tion South Carolina Highway 170 and Clint, Tex., to Anthony, Hatch, and Las to Ware Shoals, S.C., returning over the U.S. Highway 17, returning over the Cruces, N. Mex. same route. (44) Between Silverstreet, same route. (61) Between Prichard- No. MC 127294 (Sub-No. 1), filed June S.C., and Greenwood, S.C.: From Silver- ville, S.C., and Forest Beach, S.C.: From 9, 1965. Applicant: LEONARD S. TER­ street, S.C., over South Carolina High­ Prichardville, S.C., over South Carolina RILL, doing business as TERRILL way 34 to Greenwood, S.C./ returning Highway 46 to Forest Beach, S.C., re­ TRUCKING, Rural Delivery No. 1, Pier- over the same route. (45) Between turning over the same route. (62) Be­ pont, Ohio. Applicant’s attorney: Saluda, S.C., and junction U.S. Highways tween Allendale, S.C., and Savannah Sheldon M. Gisser, 1625 The Illuminat­ 25 and 178: From Saluda, S.C., over U.S. River Plant, Atomic Energy Commission, ing Building, 55 Public Square, Cleve­ Highway 178 to junction U.S. Highway S.C.: From Allendale, S.C., over South land, Ohio, 44113. Authority sought to 25, returning over the same route. (46) Carolina Highway 641 to Savannah operate as a common carrier, by motor Between McCormick, S.C., and junction River Plant, Atomic Energy Commission, vehicle, over irregular routes, transport­ U.S. Highways 25 and 378: From Mc­ S.C., returning over the same route. ing: Lumber and forest products, be­ Cormick, S.C., over U.S. Highway 378 to (63) Between Batesburg, S.C., and junc­ tween points in Astabula, Columbiana, junction U.S. Highways 25 and 378, re­ tion South Carolina Highways 23 and Cuyahoga, Geauga, Lake, Lorain, Ma­ turning over the same route. (47) Be­ 290: From Batesburg, S.C., over South honing, and Trumbull Counties, Ohio, tween Modoc, S.C., and North Augusta, Carolina Highway 23 to junction South points in Cattaraugus, Chautauqua, Erie, S.C.: From Modoc, S.C., over South Carolina Highway 290, returning over Monroe, and Niagara Counties, N.Y., Carolina Highway 23 to junction South the same route. and points in Allegheny, Crawford, Erie, Carolina Highways 23 and 230, thence (64) Between Anderson, S.C., and Mercer, and Warren Counties, Pa. over South Carolina Highway 230 to Clemson, S.C. : From Anderson, S.C., over No. MC 127355, filed June 11, 1965. North Augusta, S.C., returning over the U.S. Highway 76 to Clemson, S.C., return­ Applicant: M & N GRAIN COMPANY, a same route. (48) Between junction ing over the same route. (65) Between corporation, 902 East Wooter, Nevada, South Carolina Highways 28 and 81 and Westminster, S.C., and Townville, S.C.: Mo. Applicant’s attorney: Donald J- junction South Carolina Highways 28 From Westminster, S.C., over S.C. High­ Quinn, Suite 900,1012 Baltimore Avenue, and 72: From junction South Carolina way 24 to Townville, S.C., returning over Kansas City, Mo., 64105. Authority Highways 28 and 81 over South Carolina the same route, (66) Between Seneca, sought to operate as a contract earner, Highway 28 to junction South Carolina S.C., and Fair Play, S.C.: From Seneca, by motor vehicle, over irregular mutes, S.C., over South Carolina Highway 59 transporting: (1) Fish meal, in bulk o Highway 72, returning over the same in bags, from Houston and Port Artnur, route. to Fair Play, S.C., returning over the (49) Between Iva, S.C., and Donalds, same route.' (67) Between Travelers Tex., Dulac and Morgan City, La., ana S.C.: From Iva, S.C., over South Caro­ Rest, S.C., and Cleveland, S.C.: From Moss Point, Gulfport, and Pascagoula, lina Highway 184 to Donalds, S.C., re­ Travelers Rest, S.C., over U.S. Highway Miss., to Lynn Center, Monmouth, anu turning over the same route. (50) Be­ 276 to Cleveland, S.C., returning over Morrison, 111., points in Iowa, Minnesow, tween Greenwood, S.C., and McCormack, the same route. (68) Between Tiger- and Nebraska, Eggen, S. Dak., and r S.C.: From Greenwood, S.C., over U.S. ville, S.C., and junction S.C. Highway Du Lac and Madison, Wis., and exemp Highway 221 to McCormack, S.C., re­ 414 and U.S. Highway 276: From Tiger- grain, on return/ and (2) cottonse ville, S.C., over South Carolina Highway meal, in bulk or in bags, from pomts Jn turning over the same route. (51) Be­ Arkansas and Mississippi, Portageviiie, tween North Augusta, S.C., and Jackson, 414 to junction U.S. Highway 276, re­ Friday, July 9, 1965 FEDERAL REGISTER 8719 Mo., Memphis and West Memphis, Tenn., commodities in bulk, between Philadel­ company is acceptable as surety on Fed­ to Lynn Center, Monmouth, and Morri­ phia, Pa., on the one hand, and, on the eral bonds will appear in the next revi­ son, HI., points in Iowa, Minnesota, and other, points in Connecticut, Delaware, sion of Department Circular 570, to be Nebraska, Eggen, S. Dak., Pond Du Lac Florida, Georgia, Illinois, Indiana, Mary­ issued as of June 1, 1966. Copies of the and Madison, Wis., and exempt grain on land, Massachusetts, Ohio, Rhode Island, Circular, when issued, may be obtained return. South Carolina, Virginia, West Virginia, from the Treasury Department, Bureau By the Commission. and the District of Columbia, restricted of Accounts, Surety Bonds Branch, against using the services of Redigo Washington, D.C., 20226. [seal] B ertha P . Arm es, Trucking, Inc., No. MC-11431. Morris, State in which incorporated, name of Acting Secretary. J. Winokur, Esq., 1920 Two Penn. Center company, and location of principal ex­ [F.R. Doc. 65-7152; Filed, July 8, 1965; Plaza, Philadelphia, Pa., 19102, attorney ecutive office. Connecticut, The Stand­ 8:45 a.m.] for applicants. ard Fire Insurance Co.; Hartford, Conn. [seal] h . N eil G arson, [ seal] V J oh n K . Carlock, FOURTH SECTION APPLICATION FOR Secretary. Fiscal Assistant Secretary. RELIEF [F.R. Do6. 65-7236; Filed, July 8, 1965; [F.R. Doc. 65-7208; Filed, July 8, 1965; 8:50 a.m.] 8:47 a.m.] J uly 6,1965. Protests to the granting of an applica­ tion must be prepared in accordance with RAYMOND REX MANION Rule 1.40 of the general rules of practice DEPARTMENT OF THE INTERIOR (49 CFR 1.40) and filed within 15 days Statement of Appointment from the date of publication of this no­ Pursuant to subsection 302(a), Part Bureau of Land Management tice in the F ederal R egister. HE, Executive Order No. 10647 (20 F.R. COLORADO 8769), “Providing for the Appointment Long- and-S hort H aul of Certain Persons Under the Defense Notice of Filing of Protraction FSA No. 39880—Joint Motor-Rail Production Act of 1950, as amended,” Diagrams Rates—Southern Motor Carriers. Filed the following information is furnished uly by Southern Motor Carriers Rate Con­ for publication in the F ederal R egister : J 2,1965. ference, agent (No. 113), for interested 1. Name of appointee: Raymond Rex Notice is hereby given that effective carriers. Rates on commodities moving Manion. August 16, 1965, the following approved on class and commodity rates over joint 2. Name of employing agency: Inter­ protraction diagrams are officially filed of routes of applicant rail arid motor car­ state Commerce Commission. record in the Colorado Land Office. In riers, between points in southern terri­ 3. Date of appoinment: July 2, 1965. accordance with Title 43 CFR, these pro­ tory, on the one hand, and points in 4. Title of appointee’s position: Con­ tractions will become the basic record for middlewest territory, on the other. sultant. , describing the land for all authorized Grounds for relief—Motortruck com­ 5. Name of appointee’s private em­ purposes at and after 10:00 a.m. on the petition. ployer: Association of American Rail­ above effective date. Until this date and Tariff—Supplement 21 to Southern roads. time, the diagrams Ijave been placed in Motor Carriers Rate Conference, agent, the open files and are available to the tariff MF-ICC 1312. Dated at Washington, D.C., this. 2d public for information only. day of July 1965. By the Commission. C olorado P rotraction D iagram No . 2 -A I nterstate Commerce (APPROVED MAT 6, 1965) [seal] h . N eil G arson, Com m issio n, ' Secretary. Charles A. W ebb, SIXTH PRINCIPAL MERIDIAN [F.R. Doc. 65-7235; Filed, July 8, 1965; Chairman. T. 9 N., R. 83 W. 8:50 a.m.] [F.R. Doc. 65-7194; Filed, July 8, 1965; T. 10, N., R. 83 W. 8:47 a.m.] T. 10 N., R. 84 W. T. 11 N., R. 83 W. [Notice 1201] T. 11 N., R. 84 W. T. 12 N., R. 83 W. MOTOR CARRIER TRANSFER DEPARTMENT OF THE TREASURY T. 12 N., R. 84 W. PROCEEDINGS T. 12 N., R. 85 W. Comptroller of the Currency Colorado P rotraction Diagram No . 2-B J u ly 6,1965. Synopses of orders entered pursuant to INSURED BANKS (APPROVED MAY 6, 1965) section 212(b) of the Interstate Com- Joint Call for Report of Condition SIXTH PRINCIPAL MERIDIAN merce Aet, and rules and regulations pre­ T. 4 N„ R. 83 W. Cross R eference: scribed thereunder (49 CFR Part 179) For a document T. 5 N., R. 83 W. appear below: relating to a joint call for report of T. 6 N., R. 83 W. p,r0vi(*ed in the Commission’s s condition of insured banks, see F.R. Doc. T. 7 N., R. 83 W. ciai rules of practice any interested p 65-7202, Federal Deposit Insurance Cor­ T. 8 N., R. 83 W.. poration, infra. m?y file a Petition seeking rec< Colorado P rotraction Diagram No . 4 mW.ra^°n of the following numbe within 20 days from the d Office of the Secretary (APPROVED MAY 5, 1965) + Publication of this notice. Pursus [Dept. Circ. 570; 1965 Rev. Supp. 2] SIXTH PRINCIPAL MERIDIAN * ¡ 2 *™ of the Interstate Co STANDARD FIRE INSURANCE CO. T.6 N., R. 101 W., ' win ™AfCt’ the filing of such a Petit Secs.. 1 through 6; ordeiTniw 6 the effective date of i Surety Company Acceptable on Sec. 7, N%; Dosii™ that proceeding pending its c Secs. 8 through 15; p e t i t Tile matters relied upon Federal Bonds Sec. 24, E ^ . T. 6 N., R. 102 W., ? r st he specified in th J u ly 2, 1965. petitions with particularity. Secs. 1 through 12; A Certificate of Authority as an ac­ Sec. 13, NW&; 2 19ft w ? ~ ^ T 67977• B y order of J ceptable surety on Federal bonds has Sec. 14, Ny2; transfer* tn T ransfer Board approyed 1 been issued by the Secretary of the Sec. 15; ' S Z ? T uel M- Niglio, Philad Treasury to the following company un­ Sec. 16 except tract 38; issued a o f hcense in No. MC-123 der the Act of Congress approved July Sec. 17, NE&, E%NW)4. Truck Brnfc?S* 9’ 1961i to New Engla 30, 1947, 6 U.S.C. 6-13. T. 6 N., R. 103 W., authoi w rage-Inc'’ Colville, Con Sec. 1. 7 An underwriting limitation of $2,390,- T. 6 N., R. 104 W., eral Vlce « a broker of g< 000.00 has been established for the com­ Secs. 1 and 2; tions w ? ,0?-ltle s ’ with the usual exc< including household goods a pany. Further details as to the extent Sec. 11; and localities with respect to which the Sec. 12, N%. 8720 NOTIGES

C olorado P rotraction D iagram No. 15 • T. 7 N., R. 101 W., T. 6 S., R. 82% W. Secs. 28 through 33; T. 6 S., R. 84 W.. (APPROVED MAT 10, 1965) Sec. 34, sy 2 except tract 38, Secs. 2 through 11; SIXTH PRINCIPAL MERIDIAN Secs. 13 through 29. T. 7 N., R. 102 W., T. 11 S., R. 83 W. Sec. 18 except, tract 37; T. 6 S., R. 85 W., Secs. 1 through 4; T. 11S., R. 84 W.. Secs. 19 and 20; Sec. 1 and 2; Secs. 25 through 36. Secs. 7 through 14; Sec. 15, N%; Sec. 3,8% ; T. 7 N., R. 103 W., Secs. 4 through 36. Secs. 2 through 5; Secs. 16 through 21; Sec. 22, W%; T. 11 S., R. 85 W. Secs. 8 through 11; T. 12 S..R . 83 W. Secs. 13 through 16; Sec. 2&-NW%; Sec. 24; T 12 S., R. 84 Wi Sec. 17, 3%, NEK.'BKNWK. NE&NWJ4; T. 12 S., R. 85 W. Sec. 18,3%; Sec. 26, SW%; Secs. 27 through 35. T. 12 S., R. 86 W. Secs. 19 through SI; T. 14 S., R. 83 W., Secs. 33 through 36. T. 7 S., R. 82 W. T. 7 S., R. 83 W., Sec. 25, SEV4; T .8 N ..R . 102 W., Sec. 35, SE%; Secs. 5 through 7; Secs. 1 through 4; Secs. 7 through 21; Sec. 36, Sy2,NE%. Sec. 8,N%. T. 15 S., R. 83 W„ T. 8 N., R. 103 W., Sec. 29, W%; Secs. 30 through 32. Secs. 1 through 3; Sec. 1; Secs. 10 through 15; Sec. 11, SE%; T. 7 S., R. 84 W., . Secs. 7 through 36. Secs. 22 through 27; Secs. 12 through 14; Secs. 34 through 36. Sec. 23; T. 7 S., R. 85 W., Sec. 24, W%; Secs. 1 through 18; Colorado P rotraction D iagram No. 22 Sec. 26, Wy2; Sec. 19, N%, SE%; Sec. 27,Ey2; Secs. 20 through 29; (APPROVED MAT 5, 1965) Sec. 32, SE%; Sec. 30, E %; SIXTH PRINCIPAL MERIDIAN Sec. 33, S%; Sec. 31, sy 2, NE%; Sec. 34; Secs. 32 through 36. T. 28 S., R. 71 W., Sec. 35,W y2. T. 8 S., R. 81 W. Secs. 1 and 3 through 7, except Sangre De T. 8 N., R. 104 W., T. 8 S., R. 82 W. Cristo land grant. Secs. 35 and 36. Secs. 1 through 30; T. 28 S., R. 72 W., T. 9 N., R. 102 W., Secs. 32 through 36. Secs. 1 through 9; Sec. 29, SW%; T. 8 S., R. 83 W., Secs. 10 through 12, 16 through 21, and 29 Sec. 30. W%,SE%; Secs. 1 through 4; through 31, except Sangre De Cristo land Sec. 31; " Secs. 9 through 15; grants—^ Sec. 32, Wy2. Sec. 16, N%. T. 28 S., R. 73 W., T. 8 S., R. 84 W., Secs. 1 through 3; , Colorado P rotraction D iagram No. 5 sec. 16, sy 2; Secs. 9 through 16; (APPROVED MAT 10, 1965) . Sec. 17, Sy2, NW%; Sec. 21, E%, Ey2NW%; Sec. 18, Sy2, NE%; Secs. 22 through 28; SIXTH PRINCIPAL MERIDIAN Secs. 19 through 21;, Secs. 33 through 35; Sec. 36, except Sangre De Cristo land grant. T. 2 S„ R. 93 W.. Secs. 25 and 26; Secs. 23 through 26; Secs. 28 through 36. T . 29 S., R. 73 W., Secs. 35 through 36. T. 9 S., R. 81 W„ Secs. 1 and 2, except Sangre De Cristo land T. 3 S., R. 91 W., Secs. 1 through 9; grant; Secs. 1 through 28; Secs. 16 through 23; Sec. 3; __ Secs. 33 through 36. Secs. 26 through 35. Sec. 4, N%, SE%, E%SW%, NW%SW%; T. 4 S., R. 91 W. T. 9 S., R. 82 W. Sec. 9, S%, NE%, e %n w %; T. 4 S., R. 94 W., T. 9 S., R. 83 W. Sec. 10, 11, 15, and 16, except Sangre De Sec. 8, S %; T. 9 S., R. 84 W. Cristo land grant. Sec. 9,SW%; T. 10 S.; R. 81 W. T. 30 S., R. 70 W., \ Secs. 1,12, and 36, except Sangre De Cristo Sec. 16, Sy2, NW%; T. 10 S„ R. 82 W. Sec. 17; T. 10 S., R. 83 W. land grant. Sec. 18, E%; T. 10 S.,R . 84 W.t T. 31 S., R. 70 W., Secs. 20 and 21; Secs. 1 and 2; Secs. 1, 12, 13, 24, 25, and 36, except Sangre Sec.28,N%,SW%; S ec.3, Ni/2,SE%; De Cristo land grant. Sec. 29, Ny2,SE%. Sec. 4, N%; T. 32 S., R. 69 W.. T. 4 S., R. 96 W.. Sec. 5, N%N%; Secs. 3 through 10; Sec. 5, S%, NW%; Sec. 6, N%, N%SE%; Secs. 15 through 18; . Sec. 6, S%, NE%; S ec.8,S % ,sy 2NE%; Secs. 19 through 21, less Maxwell lana Sec. 7; Sec. 9, S %, S%N%, NE%NE%; grant; Sec. 8, N%,SW%; Secs. 10 through 16; Sec. 22; ' Vv.' „ Sec. 17, Wy2; Sec. 17, Ey2, N%NW%; Secs. 26 through 28 and 35, less MaxweU Secs. 18 and 19; Sec. 19, S %; land grant. Sec. 20, NW%; Secs. 21 through 27; T. 32 S. R. 70 W., Secs.’l, 12,13, and 24, less Sangre De Cristo Sec. 30, N%. Sec. 28, E%; land grant. T .6 S ., R. 94 W., Sec. 29, S %, S%NW%. NWi4NW%; Secs. 7 through 9. Sec. 30; C olorado P rotraction Diagram No. 16 T. 7S., R. 94 W., Sec. 31, E%, NW%; Secs. 21 through 23; (APPROVED MAT 5, 1965) Secs. 26 through 36. sec! 33! sy2, NW%; NEW MEXICO PRINCIPAL MERIDIAN Colorado P rotraction D iagram No. 9 Sec. 34, N%; T. 43 N., R. 4 E. Secs. 35 and 36. T. 45 N., R. 3 E. (APPROVED APRIL 26, 1965) T. 10 S., R. 85 W., T. 48 N., R. 6 E., SIXTH PRINCIPAL MERIDIAN Sec. 19; Secs. 2 through 11; Sec. 20, S%, S%NE%, NW%NE%, NW%; Secs. 15 through 22; T. 7 S., R. 78 W., sec. 2 1 , sw y 4, Sy2NW%; Secs. 26 through 35. Secs. 2 through 36, Sec. 22, S%; T. 48 N., R. 7 E. T. 7 S'., R. 79 W.* w Sec. 23, SE%, S%SW%, NE%SW%, SE% C olorado P rotraction diagram No. 20 T. 9 S., R. 79 W. NW%, SW%NE%, E%NE%; (APPROVED MAT 5, 1965) -:. Colorado P rotraction DiagramN o . 10 • Sec. 24, N%, SW%; NEW MEXICO PRINCIPAL MERIDIAN (APPROVED MAT 10,1966) Sec. 25, S%,NW%; Sec. 26, Ny2,SW%, W%SEi4; T. 44 N., R. 4 W., '* SIXTH PRINCIPAL MERIDIAN Secs. 27 through 34; Secs. 4 through 9; Sec. 35, W%, W%NE%? Secs. 16 through 21; T. 6 S„ R 81 W. Secs. 29 and 30. T. 6 S., R. 82 W. Sec. 36, N%. F riday, J u ly 9, 1965 FEDERAI REGISTER 8721

T. 44 N., R. 5 W. T. 41 N., R. 8 W. T. 34 N., R. 2 E., T.45N..R.5W. T .4 1 N ..R .9 W., Sec. 1, except Tierra Amarilla grant; T. 45 N., R. 6 W. Secs. 1 through 4; Sec. 2, N y, SEy; T.46N..R.5 W., Secs. 9 through 16; Sec. ll.N E y ; Secs. 8 through 36. Secs. 20 through 36. Sec. 12, N y , S E y , except Tierra Amarilla T. 46 N., R. 6 W., T. 42 N., R. 6 W. grant; Secs. 7 and 8; . T. 42 N.. R. 7 W. Sec. 15 and s y of Sec. 16, except Tierra Secs. 13 through 36. T. 42 N., R. 8 W. Amarilla grant; T. 43 N., R. 6 W. Colo r a d o P r o t r a c t io n D ia g r a m No. 21 Sec. 20, E y ; T. 43 N., R. 7 W. Secs. 21 and 28, except Tierra Amarilla (APPROVED APRIL 26, 1965) T, 43 N„ R. 8 W. grant; SIXTH PRINCIPAL MERIDIAN Sec. 29, E y except Tierra Amarilla grant; Colorado P rotraction Diagram No . 25 Sec. 32, E y ; T.24S., R. 73 W. (APPROVED MAY 10, 1965) Sec. 33, except Tierra Amarilla grant. T. 25 S., R. 68 W., T. 34 N., R. 3 E., Secs. 3 and 4; NEW MEXICO PRINCIPAL MERIDIAN Secs. 1 through 5, except Tierra Amarilla Sec. 5, N y N y , S y N E y grant; Sec. 9, N y , S E y ; T. 41 N., R. 17 W., Sec. 8, except Tierra Amarilla grant; Secs. 10 and 15; Secs. 6 and 7; Secs. 11 and 12, except Tierra Amarilla Sec. 16, S y .N E y ; Secs. 16 through 21; grant. Sec. 21, N y ; Secs. 28 through 30; T. 34 N., R. 4 E., Sec. 22, N y . Secs. 32 through 35. All except Tierra Amarilla grant. T. 25 S., R. 72 W., T. 41 N., R. 18 W., T. 3 4 N .,R .4 y E. Sec. 31. . * ^ sv Sec. 1; T. 35 N., R. 2 E., T.25S., R. 73 W., Sec. 2, N y , SE y; Secs. 1 through 8; Secs. 1 through 18; Secs. 11 through 14; Sec. 9, N y ; Secs. 22 th ro u g h 27; Secs. 22 through 24; Sec. 10, N y.SEy; Secs. 34 through 36. Secs. 26 and 27. Secs. 11 through 13; T. 26 S., R. 73 W., T. 42 N., R. 17 W., Sec. 17,Ny,SW y; Sees. 3 through 10; Secs. 6 and 7. Sec. 18; Secs. 15 through 22; T. 42 N., R. 18 W., Sec. 19,Ny,SW y; Secs. 27 through 34. Secs. 1 through 3; Sec. 20, N W y ; S e c .4 ,E y ; NEW MEXICO PRINCIPAL MERIDIAN Sec. 23, s y .N E y ; Secs. 11 through 14; Secs. 24 through 26; T. 40 N., R. 13 E., Secs. 23 through 26; Sec. 30,NW y; Secs. 6, 7, and 18. Secs. 35 and 36. Secs. 35 and 36, except Tierra Amarilla T. 41N., R. 13 E. T. 44 N„ R. 18 W., grant. T. 43 N., R. 12 E., Sec. 1; T. 35 N., R. 3 E., Secs. 1 and 2; Sec. 12, N y . Alhexcept Tierra Amarilla grant. Sec. 3,Ey2; T. 35 N., R. 4 E. Secs. 10 through 12. Colorado P rotraction Diagram No. 26 ' T. 36 N., R. 1 E., T. 44 N., R. 11 E., (APPROVED MAY 10, 1965) Secs. 1 and 2; Secs. 1 through 3; Sec. 3, E y ; Sec.4,Ey; NEW MEXICO PRINCIPAL MERIDIAN Secs. 4 and 5; Sec. 9, N Ey; Sec. 6, E y ; Secs. 10 through 14; T. 34 N., R. 11 W., Sec. 8, N y ; Sec. 15, E y ; Secs. 1 through 4; Sec. 9, N W y ; Sec.23,Ny; Secs. 9 through 12. Sec. 11, N y ; Sec. 24. V • T. 37 N., R. 10 W. Sec. 12, N y ; . r . - T. 44 N., R. 12 E. T. 37N ..R . 11 W. Sec. 19, s y ; T. 45 N., R. 12 E., Sec. 30, N y . Sec.5,Ny2; C o l o r a d o P r o t r a c t io n D ia g r a m N o . 28 T. 36 N., R. 2 E., Sec. 6, N y . (APPROVED MAY 6, 1965) Secs. 1 through 3; T. 46 N., R. 12 E., Sec. 4, E y ; Sec. 18,sy,NW y; NEW MEXICO PRINCIPAL MERIDIAN Sec. 5, W y; Secs. 19, 30, 31; Secs. 6 and 7; Sec. 3 2 .s y .N w y ,. T. 37 N„ R. 4 y w. Sec. 8, w y ; T, 37 N., R. 5 W., Sec. 10, N y ; Colorado Protraction D iagram No. 23 w it h Secs. 1 through 3; Secs. 12 and 13; supplemental Sh ee t S how in g Exterior Secs. 10 through 15; Sec. 24; boundaries o p Mineral Surveys for Lands Secs. 22 through 27; Sec. 25, N y . indicated b y Asterisk Secs. 34 through 36. T. 36 N., R. 3 E. (APPROVED MAY 6 , 1 9 6 5 ) T. 38 N„ R. 4 y W. T. 36 N., R. 4 E. T.38N..R.5W . I NEW MEXICO PRINCIPAL MERIDIAN T. 39 N„ R. 2 W. Copies of all diagrams are for sale for T'41 N., R.4W ., T. 39 N„ R. 3 W. $1.50 each at the Colorado Land Office, Sec. 3 through 10; T. 39 N., R. 4 W. Bureau of Land Management, 15019 Sec. 15 through 22; T. 39 N., R. 4 y W. Federal Building, 1961 Stout Street, Den­ Sec. 27 through 30. T. 39 N„ R. 5 W. ver, Colo., 80202. T- 41 N„ R. 5 W. T. 39 y N..R.2W . T.42 N., R. 1 e * T. 39y N., R. 3 W. W . F . M eek, T-42 N., R. i w.,* T. 39 y N., R. 4 W. Land Office Manager. m 1 through 35. T. 39y N., R. 4 y W. [F.R. Doc. 65-7192; Piled, July 8, 1965; v i. 42 N., R. 4W„ T. 40-N., R. 5 W. 8:47 a.m.] Secs. i through 3; Secs. 10 through 15; Colorado P rotraction Diagram No . 29 Secs. 19 through 23; (APPROVED MAY 6, 1965) National Park Service T 26 through 35. i- 42 N., R. 5 w . NEW MEXICO PRINCIPAL MERIDIAN [Order 3] T- 43 N., R . 5 w . T. 32 N.. R .4 E ., Sec. 2, w y ; GREAT SMOKY MOUNTAINS K ° PROTRACTION D ia g r a m N o . 24 w i t h Secs. 3 and 11, except Tierra Amarilla grant. NATIONAL PARK Rn "EMENTAL S h e e t s S h o w i n g E x t e r io r T. 33 N., R. 3 E., TOWNS' 8 op MmERAL S u r v e y s i n E a c h Sec. 1, except Tierra Amarilla grant. Assistant Superintendent and Certain T. 33 N., R. 4 E., Other Officials; Delegation of Au­ (a p p r o v e d MAY 5, 1965) . Secs. 1 through 18 except Tierra Amarilla thority grant; NEW MEXICO PRINCIPAL MERIDIAN Secs. 20 through 28 except Tierra Amarilla S ection 1. Assistant Superintendent, grant; R. 6 W. The Assistant Superintendent may exe­ T- N., R. 7 -77 Secs. 33 through 36 except Tierra Amarilla cute and approve contracts not in excess grant. of $100,000 for construction, supplies, 8722 NOTICES equipment, and services in conformity Office of the Secretary the Director, Research and Operations with applicable regulations and statutory Division, or persons acting in their stead, authority and availability of allotted INDIAN PROPERTY IN CALIFORNIA are hereby authorized to determine, funds. settle and pay claims under the Military Adoption and Application of State Personnel and Civilian Employees’ Claims S ec. 2. Administrative Officer. The Laws Act of 1964. Administrative Officer may execute and Pursuant to § 1.4(b) , Title 25, Code of Done at Washington, D.C., this 2d day approve contracts not in excess of Federal Regulations (30 F.R. 7520), the $100,000 for construction, supplies, equip­ of July 1965. Secretary of the Interior does hereby O rville L. F reeman, ment, and services in conformity with adopt and make applicable, subject to the applicable regulations arid statutory au­ conditions hereinafter provided, all of Secretary. thority and availability oi allotted funds. the laws, ordinances, codes, resolutions, [F.R. Doc. 65-7198; Filed, July 8, 1965; 8:47 a.m.] S ec. 3. General Supply Officer. The rules or other regulations of the State of General Supply Officer may execute and California, now existing or as they may approve contracts not in excess of $25,000 be amended or enacted in the future, for construction, supplies, equipment, limiting, zoning, or otherwise governing, FEDERAL POWER COMMISSION and services in conformity with appli­ regulating, or controlling the use or de­ cable regulations and statutory authority velopment of any real or personal prop­ {Docket Nos. CI65—1054, etc.] and availability of allotted funds. erty, including water rights, leased from GERWIG & KOETHE OIL AND GAS CO. or held or used under agreement with Sec. 4. Chief of Maintenance. The and belonging to any Indian or Indian Notice of Applications To Abandon Chief of Maintenance may issue purchase Service 1 orders not in excess of $300 for supplies tribe, band, or community that is held in trust by the United States or is subject J une 30,1965. and equipment in conformity with ap­ to a restriction against alienation im­ plicable regulations i and statutory au­ posed by the United States and located Take notice that on April 22, 1965, each thority and subject to availability of within the State of California. This Applicant herein filed an application allotted funds. adoption and application does not in­ pursuant to section 7(b) of the Natural S ec. 5. Supervisory Park Rangers. clude the laws, ordinances, codes, resolu­ Gas Act for permission and approval to Supervisory Park Rangers in grades tions, rules, or other regulations of the abandon the sale of natural gas to Cabot GS-9 and above may issue purchase or­ various counties and cities within the Corp. (Cabot) for resale to Hope Nat­ ders not in excess of $300 for supplies State Of California which will be adopted ural Gas Co. (Hope) ,2 all as more fully and equipment in conformity with ap­ and applied by separate action with such set forth in the tabulation herein and plicable regulations and statutory au­ exceptions as are determined to be ap­ in the applications on file with the Com­ thority and subject to availability of propriate. mission and open to public inspection. allotted funds. Nothing contained in this notice shall Cabot was authorized on June 11, 1964, in Docket No. CI64-1193 to abandon the S ec. 6. Foremen III and TV. Foremen be construed to in any way alter or limit the provisions of sections 2(b) and 4(b) resale of the subject gas to Hope. Said i n and IV may issue purchase orders not resale had been authorized in Docket No. in excess of $300 for supplies and equip­ and (c) of the Act of August 15, 1953 (67 Stat. 588). G-5236. The applications state that the ment in conformity with applicable regu­ Nothing contained in this notice shall subject gas is now being sold wholly in lations and statutory authority and sub­ intrastate commerce by Cabot. ject to availability of allotted funds. be construed to in any way alter, limit, or abridge any vested rights to real or Concurrently with the applications S ec. 7. Storage Management Assistant. personal property, including water rights, each Applicant submitted a notice of The Storage Management Assistant may belonging to any Indian or Indian tribe, cancellation of its related FPC gas rate issue purchase orders not in excess of band, or community that is held in trust schedule. $300 for supplies and equipmerit in con* by the United States or is subject to a Protests or petitions to intervene may formity with applicable regulations and restriction against alienation imposed by be filed with the Federal Power Com­ statutory authority and subject to avail- the United States. mission, Washington, D.C., 20426, in ac­ ability of allotted funds. The Secretary of the Interior may by cordance with the rules of practice and procedure (18 CFR 1.8 or 1.10), on or Sec. 8. Supply Clerk. The Supply appropriate notice expressly revoke the Clerk may issue purchase orders not in adoption and application of any such before July 21, 1965. laws, ordinances, codes, resolutions, rules Take further notice that, pursuant to excess of $300 for supplies and equipment the authority contained in and subject in conformity with applicable regulations or other regulations if he determines such and statutory authority and subject to revocation to be in the best interests to the jurisdiction conferred upon the availability of allotted funds. of the Indian owner or owners in achiev­ Federal Power Commission by sections ing the highest and best use of such 7 and 15 of the Natural Gas Act and the S ec. 9. Oconaluftee and Tremont Job property. Commission’s rules of practice and pro­ Corps Conservation Center Directors and J ohn A. Carver, Jr., cedure, a hearing will be held without Administrative Assistants, Oconaluftee Under Secretary further notice before the Commission on and Tremont Job Corps Conservation of the Interior. all applications in which no protest or Center Directors and Administrative As­ J u ly 2, 1965. petition to intervene is filed within the sistants may issue purchase orders not [F.R. Doc. 65-7193; Filed, July 8, 1965; time required herein, if the Commission to exceed $2,500 for supplies, materials, 8:47 a.m.] on its own review of the matter believes and equipment in conformity with ap­ that the proposed abandonments are plicable regulations and statutory au­ required by the public convenience and thority and subject to availability of necessity. Where a protest or petition funds. DEPARTMENT OF AGRICULTURE for leave to intervene is timely filed, or Office of the Secretary where the Commission on its own motion S ec. 10. Revocation.' This order su­ believes that a formal hearing is required, persedes Order No. 2 issued June 12, GENERAL COUNSEL AND CERTAIN further notice of such hearing will be 1963. OTHER OFFICIALS duly given. . (National Park Service Order 14 (19 F.R, Delegation of Authority To Settle Under the procedure herein proviaea 8824) as amended; 39 Stat. 535, 16 TLS.C. Claims of Personnel for, unless otherwise advised, it will be sec. 2; Southeast Region Order 3 (21 F.R. unnecessary for. Applicants to appear or 1493)) Delegation of authority under the Mili­ be represented at the hearing. G eorge W . F ry, tary Personnel and Civilian Employees’ J oseph H. G utride, Superintendent, Great Smoky Claims Act of 1964, P.L. 88-558, 88th Secretary. Mountains National Park. Congress, 78 Stat. 767, to settle claims of personnel. 1 This notice does not provide for consoli­ May 28,1965. The General Counsel, the Assistant dation for hearing of the several ma [FJt. Doc. 65-7189; Filed, July 8, 1965; Général Counsel for Marketing, Regula­ covered herein, nor should it be so constr 8:47 am .] tory Laws, Research and Operations, and * Now Consolidated Gas Supply Corp. Friday July 9 1965 , , FEDERAL REGISTER 8723

Docket No. Applicant Location Doeket No. Applicant Location Docket No. Applicaut Location CI65-1054.. Gerwig&Knethe Acreage in Cal­ CI65-1094__ Valentine Oil & Acreage in CI85-1131-. Middle Run Oil / (G-2744)1 Oü & Gas Co, houn County (G-7866)* Gas Co. Acreage in W. Va. Ritchie (G-4975) & Gas Co. Gilmer CI65-1066___ Southeastern Gas Do. County, County, (G-3210)»3 Co. W. Va. W. Va. CI65-1095-. Z. N. Connolly, Acreage in Cal­ CI65-1132.. . . . CI65-1056.... ___ do__ __ Do. (G-7867) W. E. Smith, et Acreage in (G-321Q)2 3 et al. houn County, (CI63-493) 33 al., doing Calhoun W. Va. business as CI65-1057___ .do. Do. CI65-1096... J. F. Gainer Gas Acreage in Gil­ County, W. (G-3210)2 « ( G-7868)22 Co. White Pine Oil Va. CI65-1058___ .do. Do. mer County, & Gas Co., W. Va. S. H. Simmers (G -3210)*3 CI65-1097__ GiU Oil & Gas Acreage in CT65-1059-__ : .do. Do. (G-7869)23 No. 1 . . (G-3210)* 3 Co. Ritchie CI65-1133____ W. E. Smith, et Do. CI65-106Q..._ Sophia M. Smith, Do. County, (C 163-494) 33 al., doing W. Va. business as (G -3612) et al. (now CI65-1098__ Thomas J, Davis Do. Okmar Oil Co. (G—7876) Estate. White Pine Oil CI65-1061_.__. Elias Floyd Fox Do. ■CI65-1099__ & Gas Co., ■ (G -3622). M. G. Drake Gas Do. Simmers Heirs (G-7877) Co< No. 1. (CI63-1094)3 CI65-J100... Drake Oil & Gas /CI65-1062__ Glen Tompkins.. Acreage in Gil­ Do. CI65-1134___: W. E. Smith, et Do. (G-7886)*3 Co. (CI63-495) 33 al., doing (G -4187)3 » mer County, CI65-1101... T. V. Cunning­ Do. W. Va. business as ( G-7898)2« ham Gas Co. White Pine Oil CI65-1063... Nettie Arm­ Acreage in Cal­ CI65-110E... Nobe Oil & Gas Acreage in Gil­ (G -4653)3 strong.3 houn County. & Gas Co., (G-7904)33 Co. mer County, M. J. Ayers W. Va. W. Va. . CI65-1064.. W. H. Mossor. Do. CI«5-1103.:.. Lease. (G -4972) L. W. Cunning­ Acreage in CI65-1135— . W. E. Smith, et Do. (G—7905) 27 ham Gas Co. Ritchie Coun­ (CI63-496) ; al., doing CI65-1065.. W. H. Mossor Do. and Rexrod Oil (G -4980) (now Okmar ty, W. Va. business as & Gas Co. White Pine Oil Oil Co.). CI65-1104.... W. F. Roberts Acreage in Gil­ CI65-1066.. McCune OH & Do. (G-7907) 28 Gas Co. & Gas Co., W. (G -4981) Gas Co. (now mer County, H. Ayers No. 1 . Virgil E. W. Va. CI65-1136-— ., W, E. Smith, et Do. CI65-1105...L Cox Oil & Gas CO. Acreage in (CI63-497) 33 al.,doing Daugherty, (G-7909) 2» agent). Ritchie Coun­ business as ty, W. Va. White Pine Oil CI65-1067.. Ola O. White Do. CI65-1106___ W. B. Cunning­ (G -4982) Farm Oil & Do. & Gas Co., (G-7910) 33 ham Gas Co, Malinda Gas Co. CI65-1107.... Van Camp Oil & Acreage in Cal­ CI66-1068.... L. B. Carroll, et Do. (G-7912) »I Knight No. 1. (G -5700) al. Gas Co. houn County, 0165-1137.^.1. W~E. Smith, Do. 0165-1069.... Okmar Oil Co__ W. Va. (CI63-498) 33 et al., doing, Do. CI65-1108___ Crabbe 011.& Gas Acreage in Gil­ business as Cleo (G -5957) (G-7913) 33 Co. CI65-1070___ .do. Do. mer County, H. Smith 0{1 ■& (G -5959) i W. Va. . Gas Co. CI65-1109__ _ Barnes Oü & Gas Do. CI65-1138.Ì— Walter E. Smith, CI65-1071___ C. S. Despard. Do. (G-7914) 33 Do. (G -6009) ; Co. (CI63-622) « et al., doing CI65-1110—.. McCall Drilling Acreage in Cal­ CI65-1072___ Gail Nutter n_ Do. ( G-7944) # business as (G -6 4 8 5 )» Co., Ine. houn County, G. M. Yeager CI65-L073_.__ .do.«. W. Va. Gas Co, Do. CI65-1111.... . — do______Acreage in Gil­ CI65-1139....1 Walter E. Smith, (G -0487) m ( G-7946) 33 Do. CI65-1074_ . Conservation Oil Do. mer County, (CI63-623) 33 et al., doing (G -6573) & Gas Co. W. Va. business as CI65-1112.... -do- Do. J. L. Jarvis, 0165-1076-__ Steer Creek Oil & Acreage in Gil­ (G-7947) 33 (G -6720) Gas Co. etal.,O il& mer County, 0165-1113.... .do. Acreage in Cal­ Gas Co. W. Va. (G-7948) 33 CI65-1076 . houn County» CI65-1140__ _ Creed Barker33__ Do. . S. Wade, Lease. Acreage in Cal­ W. Va. (G-6967) (G-6726) houn County, CI65-1114...: .do. W. Va. Do. CI65-1141__ -do.33__ . Do. CI65-1077___ (G-7949) 33 (G-6965) Jofanson Gas Co... Acreage in CI65-1115;__ .do. Acreage in Gil­ CI65-1142___ (G -6729) Ritchie (G-7950) « Mor ley Oil

No. 131- -9 8724 NOTICES

« Rate of 13.824 cents in effect subject to refund in will construct a 4-inch gathering line Effective rate: 13.8733 cents per Mcf.« Docket No. RI62-161. Proposed rate: 14.3733 cents per Mcf.® • » Certificate in name of G. S. Wilson and Wm. C. from which Applicant’s facilities will ex­ Pressure base: 14.65 ps.i.a. Beal, et al. . , tend to Florida’s transmission system. » Rate of 13.824 cents in effect subject to refund in The estimated reserves dedicated to Ap­ The gas purchased by Texas Eastern Docket No. KI62-163. ji Rate of 13.824 cents in effect subject to refund in plicant under the Despot contract are Transmission Corp. (Texas Eastern) in Docket No. RI61-428. . ■' , 6,755 MMcf. Estimated initial deliver­ this area (Wilcox Trend) is transported w Rate of 13.824 cents in effect subject to refund in Docket No. RI61-424. , ^ J ies are 1,500 Mcf per day. by Texas Eastern to the Goliad Plant, J» Rate of 13.824 cents in effect subject to refund in Applicant estimates its cost of con­ operated by Socony Mobil Oil Co., proc­ Docket No. RI61-426, . . . « Rate of 13.824 cents in effect subject to refund in struction to be $14,000, which will be essed for extraction of liquid components, Docket No. RI61-429. financed through the sale of common dehydrated and redelivered to Texas u Rate of 13.824 cents in effect subject to refund in Eastern at the outlet of suph plant. Docket No. RI61-434. . . . stock. a Rate of 13.824 cents in effect subject to refund in Protests or petitions to intervene may Texas Eastern maintains a standard con­ Docket No. RI61-462. . . . be filed with the Federal Power Com­ tract differential of 0.5 cent per Mcf for ” Rate of 13.824 cents in effect subject to refund in Docket No. RÌ61-423...... mission, Washington, D.C., 20426, in ac­ dehydrated gas delivered to a central * Rate of 13.824 cents in effect subject to refund in cordance with the rules of practice and point in the Wilcox Trend area. The Docket No. RI61-436. . , * Rate of 13.824 cents in effect subject to refund in procedure (18 CFR 1.8 or 1.10) and the addition of this 0.5 cent per Mcf differ­ Docket No. RI61-427. ' ^ , regulations under the Natural Gas Act ential to the instant proposed rate would » Rate of 13.824 cents in effect subject to refund in (157.10) on or before July 29, 1965. cause such rate to exceed the area in­ Docket No. RI61-431. -• . J . « Rate of 13.824 cents in effect subject to refund in Take further notice that, pursuant to creased ceiling level of 14.6 cents per Mcf Docket No. RI61-435. . the authority contained in and subject established by the Commission for pipe­ •‘ Rate of 13.824 cents in effect subject to refund in Docket No. RI61-425. , , . to the jurisdiction conferred upon the line quality gas. Pipeline quality gas in ** Rate of 13.824 cents in effect subject to refund in Federal Power Commission by sections 7 this area is understood to apply to sales Docket No. RI61-433. ^ , m Rate of 13.824 cents in effect subject to refund m and 15 of the Natural Gas Act and the of dehydrated gas delivered at a central Docket No. RI62-44. Commission’s rules of practice and pro­ point in the field. Under the circum­ *» Formerly T. E. Bickel Estate. Filing submitted as cedure, a hearing will be held without stances, Forest’s proposed rate increase, Bowser Gas Co. ^ m Filine submitted by Okmar Oil. Co., present owner further notice before the Commission on although not in excess of the area in­ of the property involved. this application if no protest or petition creased ceiling price of 14.6"cents per r Rate of 13.824 cents in effect subject to refund in Docket No. RI62-340. , J . to intervene is filed within the time re­ Mcf for Texas Railroad District No. 2, 3i Rate of 13.824 cents in effect subject to refund in quired herein, and the Commission on its is suspended because the gas is considered Docket No. RI62-386. » Rate of 13.824 cents in effect subject to refund in own review of the matter finds that a to be nonpipeline quality gas within the Docket No. RI63-189. . . grant of the certificate is required by the meaning of the Commission’s Statement « Rate of 13.824 cents in effect subject to refund m of General Policy No. 61-1, as amended Docket No. RI63-199. public convenience and necessity. If a « Rate of 13.824 cents in effect subject to refund In protest or petition for leave to intervene (18 CFR, ch. I, pt. 2, § 2.56), because of Docket No. RI63-227. , . , the cost incurred by the buyer for gath­ « Rate of 13.824 cents in effect subject to refund in is timely filed, or if the Commission on its Docket No. RI63-226. own motion believes that a formal hear­ ering, dehydration, and delivery. « Certificate issued in the name oi Sida Hathaway ing is required, further notice of such The proposed changed rate and charge Lease—Creed Barker. ■ _ „ m Certificate issued in the name of Lloyd Kelley hearing will be duly given. miay be unjust, unreasonable, unduly dis­ Lease—Creed Barker. , . 7 ^ . ' , Under the procedure herein provided criminatory, or preferential, or other­ « Rate of 13.824 cents in effect subject to refund in -Docket No. RI62-162. _ for, uv'*«s8 otherwise advised, it will be wise unlawful. V « Certificate issued in the name of Park Norman Lease. unnecessary for Applicant to appear or The Commission finds: It is neces­ [F.R. Doc. 65-7132; Filed, July 8, 1965; be represented at the hearing. sary and proper in the public interest 8:45 a.m.] and to aid in the enforcement of the pro­ J oseph H. G utride, visions of the Natural Gas Act that the Secretary. [Docket No. CP65-417] Commission enter upon a hearing con­ [F.R. Doc. 65-7183; Filed, July 8, 1965; cerning the lawfulness of the proposed BLUEBONNET GAS CORP. 8:47:. a.m.] change, and that Supplement No. 4 to Forest’s PTC Gas Rate Schedule No. 33 Notice of Application be suspended and the use thereof de­ J u ly 1,1965. [Docket No. RI65-651] ferred as hereinafter ordered. The Commission orders: Take notice that on June 28, 1965, FOREST OIL CORP. Bluebonnet Gas Corp. (Applicant), 1215 (A) Pursuant to the authority of the Chamber of Commerce Building, Hous­ Natural Gas Act, particularly sections 4 Order Providing for Hearing on and and 15 thereof, the Commission’s rules of ton, Tex., 77002, filed in Docket No. Suspension of Proposed Change in CP65-417 an application pursuant to practice and procedure, and the regula­ section 7(c) of the Natural Gas Act for Rate tions under the Natural Gas Act (18 CFR, a certificate of public convenience and J u ly 1,1965. ch. I), a public hearing shall be held necessity authorizing the construction On June 1, 1965, Forest Oil Corp. upon a date to be fixed by notice from the and operation of natural gas gathering (Forest)1 tendered for filing a proposed Secretary concerning the lawfulness of facilities and the transportation and sale change in its presently effective rate the proposed increased rate and charge of natural gas to Florida Gas Trans­ schedule for sales of natural gas subject contained in Supplement No. 4 to For­ mission Co. (Florida), all as more fully to the jurisdiction of the Commission. est’s FTC Gas Rate Schedule No. 33. set forth in the application which is on The proposed change, which constitutes (B) Pending such hearing and deci­ file with the Commission and open to an increased rate and charge, is con­ sion thereon, Supplement No. 4 to For­ public inspection. tained in the following designated filing; est’s FPC Gas Rate Schedule No. 33 is Applicant proposes to construct and hereby suspended and the use thereof de­ Description: Notice of change, dated May ferred until December 2,1965, and there­ operate metering, regulating and inter­ 28, 1965. connecting facilities in St. Landry Par­ Purchaser and producing area: Texas East­ after until such further time as it is made ish, La., and sell gas to Florida in ac­ ern Transmission Corp. (Dallas Husky Field, effective in the manner prescribed by the cordance with the terms and conditions Goliad County, Tex.) (R.R. District No. 2).- Natural Gas Act. of Applicant’s Rate Schedule X -l which Rate schedule designation: Supplement governs service to Florida heretofore No. 4 to Forest’s FPC Gas Rate Schedule No. 4 Settlement rate accepted by the Commis­ authorized by the Commission in its 33. sion under Forest’s predecessor in interest, Effective date: July 2, 1965.* W. Earl Rowe (Operator), et al., FPC Gas order issued May 21, 1965, in Docket No. Amount of annual increase: *. CP65-326. Rate Schedule No. 3, by order issued Apr. 20, 1960. The gas will be acquired from George 1 Address is: 1300 National Bank of Com­ 5 Periodic rate increase. J. Despot, Operator (Despot) .1 Despot merce Building, San Antonio, Tex., 78205. 0 Equivalent to 14.8733 cents per Mcf when *The stated effective date is the effective a standard differential of 0.5 cent per Mci i Despot has filed an application in Docket date requested by respondent. by Texas Eastern Transmission Corporation * Presently engaged in cycling project with No. Cl65-1225 for a certificate of public con­ for delivery of dehydrated gas at a centra venience and necessity authorizing the sale no sales of residue gas anticipated for an point, is taken into consideration. of gas to Applicant. indeterminate period. Friday, July 9, 1965 FEDERAI REGISTER 8725 (C) Neither the supplement hereby jurisdiction, as set forth, in Appendix À this o»der Respondent shall execute and suspended, nor the rate schedule sought below.. r T file Under lté above-designated docket to be altered thereby, shall be changed The proposed changed rate and charge number with the Secretary, of the Com­ until this proceeding has been disposed may be unjust, unreasonable, unduly mission its agreement and undertaking of or until the period of suspension has discriminatory, or preferential, or other­ to comply with the refunding and. re­ expired, unless, otherwise ordered by the wise imlawful. , , ‘ porting procedure required by the Nat­ Commission.* , ; k - V , The Commission finds : It is me ural Gas Act and § 154.102 of the regula­ . (D) Notices of intervention or peti­ publie interest and consistent with the tions thereunder, accompanied by a tions to intervene may he filed with the Natural Gas Act that the Commission certificate showing service of a copy Federal Power Commission, Washington, enter upon a hearing regarding the law­ thereof upon the purchaser under the D.C., 20126, in accordance with the rules fulness of the proposed change, and that rate schedule inyolved. Unless Respond­ Of practice and procedure <18 CFR 1.8 the supplement herein be suspended and ent is advised to thé contrary- within 15 and 1.37(f)) on or before August 16, its use be deferred as ordèred below»- days after' the filing5 of its agreement 1965. 1 The Comission orders :- and undertaking, such agreement and By the Commission. (A) Under the Natural Gas. Act, par­ undertaking shall be deemed to have ticularly sections 4 and 15, the regula­ been accepted. V [seal] J oseph H.,Gutride, tions pertaining thereto (18 CFR, Ch. I ) , (C) Until otherwise ordered by the Secretary. and the Commission’s rules of practice Commission, neither the suspended sup­ [F.R. Doc, 65-7184; Piled, July 8, 1965; and procedure, a public hearing shall be plement, nor the rate sohedule sought 8:47 a.m.] held concerning the lawfulness of the to be altered, shall be changed until dis­ proposed change.. . ; • position of this proceeding or. expiration [Docket No. RI65-647] (B) Pending hearing and decision of the suspension period. thereon, the rate supplement herein is (D) Notices of intervention or peti­ GAS GATHERING CORP. suspended and its use deferred until tions to intervene may be filed with the Order Providing for Hearing on and date shown in the “Date Suspended Federal Power Commission, Washington, Suspension of Proposed Change in Until’’ column, and thereafter until D.C., 20426, in accordance with the rules Rate, Effective Subject to Refund made effective as prescribed by the Nat­ of practice and procedure (18 CFR 1.8 ural Gas Act : Provided, however, That and 1.37(f)) on or before August 10, J uly 1, 1965. the supplement to the rate schedule filed 1965. Respondent named herein has filed a by Respondent shall become effective proposed change in rate and charge of a subject to refund on the date and in the' By the Commission. currently effective rate schedule for the manner herein prescribed if within 20 Csea l] J o se p h H . G u trid e, sale of natural gas under Commission days from the date of the issuance of Secretary. Appendix A

Effective Cents per Mef Rate in Rate Sup­ Amount Date date - Date sus­ Docket Respondent sched­ ple­ Purchaser-'and producing area : òfannual effect sub­ No. 9 filing; unless pended ject to" ule - ment increase : tendered sus- . until— Rate in Proposed refund in ■ No.; No. penned effect increased docket Tïrte *■ i Nos;- :

RI65-647._ Gas Gathering Corp., 2 * " rio Transcontinental Gas Pipe Tine $71,576 6-1-65 87-2-65 87-3-65 « 18.25 114 North Chary Corp. (Happytown Field, St. Mar­ *8 « 23.55 St., Post Offi.ee tin Parish, La.) (South Louisiana). Box 519, Ham­ mond, La., 70401. Attention; Mr.... E. A. Courtney. n. apples wuy.w gas purenasea man Knell oil Co., pursuant to ‘ Instant filing represent^a “fractured” rpte increase. Contractually entitled to Shell's FPC Gas Rate Schedule No. 126^ .'file for a 7.3 cents per Mcf increase. notice16 stated eflecilve date Is thefirst day after expiration of the required statutory 8 Pressure base is 15.025 p.s.i.a. , •' Lu • v 6 Includes applicable tax reimbursement /and a 2,5 cents per Mcf service charge 8 The suspension period is limited to 1 day. - $>aid by the buyer. ' Gas Gathering Corp. (Gas Gathering) re- Shell’s 21.05 cents per Mcf rate pfijsi a 2.5 ules for sales of ¡natural gas under Com­ guests a retroactive effective date’Of Janu­ cents per Mcf charge for Gas Gathering’s ary 1, 1965, for its proposed rate increase services. mission jurisdiction, as set forth in Ap­ Good cause has not been shown for waiving Gas Gathering’s proposed increased .rate pendix A below. the 30-day notice requirement provided .lx and charge exceeds the applicable area price The proposed changed rates and section 4(d) of the Natural Gas Act to per­ level for increased rates in, South Louisi­ Charges may be ; unjust, unreasonable, mit an earlier effective date for Gas Gather­ ana as set forth in the Corhmission’s State­ unduly discriminatory, ; or preferential, ing’s rate filing and such request is denied ment of General Policy No. 61-1, as amended or otherwise unlawful. Gas Gathering’s proposed notice of change (18 CFR, Ch. 1, Part 2, § 2.56) and shduld be V The C^m^cussiQn finds:. It Is in the in rate, from 18.25 dents to 23.55 cents pei suspended as hereinbefore ordered.'5 Under Mcf (both rates inclusive of applicable tax the circumstances, we conclude that Gas public interest' and, consistent .with the reimbursement), is for gas sold to Transcon- Gathering’s proposed rate increase should Natural Gas Act that the Commission ° as Pipe Line Corp. (Transco) under be suspended for only 1 day from July 2,1965. epter upon hearings regarding the law­ its FPC Gas Rate Schedule No. 2, applicable fulness of the proposed changes,, and only as to gas which it purchases from Shell [F.R. Doc. 65-7185; Filed, July 8, 1965; that the supplements herein be,suspend­ Oil Co. (Shell) under Shell’s FPC Gas Rate 8:47 a.m.] Schedule No. 126. The proposed 5.3 cents ed and their use be deferred as ordered per Mcf increase, amounting be $71,576 an­ ’ below.';,. / ' ^ :''l . y y ; nually, is a result of a related rate increase [Docket,Nos. RI65-649, etc.] Thé Commission órdeisf r * t (A)., ÎJndèr thé Natüral Qas ACtl par­ m ed by Shell. Shell’s rate increase to 21.05 SHELL OIL CO. ET AL. cents per Mcf was suspended in Docket No. ticularly sgqtioris 4 and 15, the regiula- R165-475 until July 1 , J965. Order Providing for Heafincjs on and tipns pertaining thereto (18 CFR Ch i) , s-ddltion to Shell’s gas, Gas Gathering and thé Commission’s rules of ,practice ?wrCllt?es gas from two other producers - Suspension of Proposed Changes in (Humble Oil & Refining Co. and Continental Rates 1 y # inmt am rw and, procedure, ¡public .hearings, shall be Co.) and resells such gas^under its FPC - J uly!, 1965.- ■ held concerning the ¡lawfulness of the Schedule No. 2. The resale rate proposed changes. ~ — U £ ... _Gas Gathering charges Transco con- The Respondents named herein have sists of the priee it pays the producers plus filed proposed increased rates ’’ and - (B) Pending hearings and decisions iDB+iTi6 charge for gathering,-dehydration, charges of currently effective rate.sched- thereon, the r^tè;süpplements herein are metering and transportation of the produc- suspended afid "their use deferred Uhtil ers gas to Transco. The proposed 23.55 cents iDoes not consolidate for hearing or dis­ date shown in the “Date Suspended Un­ per Mcf increased rate represents pose of the several matters herein. , til” column, and thereafter until made 8726 NOTICES effective as prescribed by the Natural position of these proceedings or expira­ of practice and procedure (18 CFR 1.8 Gas Act. tion of the suspension period. and 1.37(f) ) on or before August 16, (C) Until otherwise ordered by the (D) Notices of intervention or peti­1965. Commission, neither the suspended sup­ tions to intervene may be filed with the By the Commission. plements, nor the rate schedules sought Federal Power Commission, Washington, [seal] J oseph H. Gutride, to be altered, shall be changed until dis­ D,C„ 20426, in accordance with the rules Secretary. Appendix A

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

RI65-649 Shell Oil Co. (Opera- 268 27 Michigan Wisconsin Pipe Line Co. $129,245 6- 4-65 »7- 5-65 12- 5-65 ‘ •*15.0 * “ * « 17.9 (Woodward Area, Major, Dewey and 19,698 • * • 17.0 50th St., New York, Woods Counties, Okla.) (Panhandle N.Y., 10020. 4 1* 1112 17# 0 Shell Oil Co. (Opera- 291 5 Panhandle Eastern Pipe Line Co. 8,652 6- 4-65 »7- 5-65 12- 5-65 • 1« i* 15.0 (Avard and W. Valley Center Area, Woods And Dewey Counties, Okla.) (Oklahoma “Other” Area). 14*6 19. 0 RI65-650 Amerada Petroleum 108 7 Michigan Wisconsin Pipe Line Co. 8,726 6-10-65 » 7-15-65 Î2-15-65 • * 17.0 Corp., Post Office (Laveme Field, Harper and Beaver Box"2040, Tulsa, Counties, and Luther Hill Field, Okla., 74102. Ellis County, Okla.) (Panhandle Area).

2 The stated effective date is the effective date requested by respondent. * Seller contractually due base rate of 19.5 cents per Mof. » “Fractured” rate increase. • Oklahoma Panhandle Area. 4 Pressure base is 14.65 p.s.i.a, 10 Seller filing from initial certificated rate to initial contract rate. * Oklahoma “Other” Area. »1 Initial contract rate.- • Initial certificated rate. 12 Subject to an upward and downward B.t.u. adjustment. 1 Subject to an upward B.t.u. adjustment. The proposed rate filings of Shell Oil jurisdiction, as set forth in Appendix A this order Respondent shall execute and Co. (Operator), et al., (Shell) (Supplement below. file under its above-designated docket No. 27 to Shell’s FPC Gas Rate Schedule No. The proposed changed rate and charge number with the Secretary of the Com­ 268) and Amerada Petroleum Corp. (Amer­ may be unjust, unreasonable, unduly mission its agreement and undertaking ada) contain “fractured” rate increases from to comply with the refunding and re­ permanently certificated base rates of 17.0 discriminatory, or preferential, or other­ cents to 17.9 cents and 19.0 cents per Mcf, wise unlawful. porting procedure required by the respectively, plus an upward Btu adjustment. The Commission finds: It is in the Natural Gas Act and § 154.102 of the Shell and Amerada are contractually due a public interest and consistent with the regulations thereunder, accompanied by 19.5 cent per Mcf base rate plus upward Btu Natural Gas Act that the Commission a certificate showing service of a copy adjustment. The proposed rates, being lower enter upon a hearing regarding the law­ thereof upon the purchaser under the than thé contractually authorized rates, fulness of the proposed change, and that rate schedule involved. Unless Respond­ are considered to be “fractured” rates and the supplement herein be suspended and ent is advised to the contrary within 15 should be suspended as hereinbefore ordered. days after the filing of its agreement and Shell and Amerada’s proposed increased its use be deferred as ordered below. rates and charges exceed the applicable price The Commission orders: undertaking, s^ich agreement and under­ levëls for increased rates as set forth in the (A) Under the Natural Gas Act, par­ taking shall be deemed to have been Commission’s Statement of General Policy ticularly sections 4 and 15, the regula­ accepted. No. 61-1, as amended (18 CPR, Ch. I, Part 2, tions pertaining thereto (18 CFR, Ch. (C) Until otherwise ordered by the §2.56). I ) , and the Commission’s rules of prac­ Commission, neither the suspended sup­ [F.R. Doc. 65-7187; Filed, July 8, 1965; tice and procedure, a public hearing shall plement, nor the rate schedule sought to 8:47 a.m.] be held concerning the lawfulness of the be altered, shall be changed until dis­ proposed change. position of this proceeding or expiration [Docket No. RI65-648] (B) Pending hearing and decision of the suspension period. thereon, the rate supplement herein is (D) Notices of intervention or peti­ TEXACO, INC. suspended and its use deferred until tions to intervene may be filed with the Order Providing for Hearing on and date shown in the “Date Suspended Federal Power Commission, Washington, Suspension of Proposed Change in Until’’ column, and thereafter until made D.C., 20426, in accordance with the rules effective as prescribed by the Natural Gas of practice and procedure (18 CFR 1.8 Rate, Effective Subject to Refund Act: Provided, however, That the sup­ and 1.37(f)) on or before August 10, July 1,1965. plement to the rate schedule filed by 1965. Respondent named herein has filed a Respondent shall become effective sub­ By the Commission. proposed change in rate and charge of ject to refund on the date and in the manner herein prescribed if within 20 [SEAL] J oseph H. Gutride, a currently effective rate schedule for the * Secretary. sale of natural gas under Commission days from the date of the issuance of Appendix A

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

»7-3-65 ‘ 8.0 < 4 ‘ 9.0 RI65-648- - Texaco Inc., Post 219 2 Phillips Petroleum Co. (Texas-Hugo- $460 6-1-65 17-2-65 Office Box 52332, ton Field, Sherman County, Tex.) Houston, Tex., (R.R. District No. 10). 77052.

> The stated effective date is the first day aftèr expiration of the required statutory * Periodic rate increase: »i 4 x^rôSSTjy© Dels6 IS 14.00 p.S.l.t*. . . \ » The suspension period is limited to 1 day. « Subject to a deduction of 0.4466 cent per Mcf for sour gas (gas is sour). F rid a y , July 9, 1965 FEDERAI REGISTER 8727 Texaco- Inc. (Texaco) requests that its Drew Chemical Corp., 418 Division proposed rate increase be permitted to be­ come effective as of July l, 1965. Good Street, Boonton, N.J., 07005, proposing CIVIL AERONAUTICS BOARD cause has not been shown for waiving the that § 121.1155 Chemicals used for the •.:.v [Docket No. 15684] 3 0 -day notice requirement provided in sec­ control of micro-organisms in cane-sugar tion 4(d) of the,Natural Gas Act to permit mills be amended to provide for the safe CHICAGO HELICOPTER AIRWAYS, an earlier effective date for Texaco’s rate use of disodium ethylenebisdithiocarba- INC. filing and such request is denied. mate and sodium dimethyldithiocarba- Texaco proposes an increased rate for a mate for the control of micro-organisms Notice of Hearing wellhead sale of sour gas to Phillips Petro­ in cane-sugar mills. leum Co. (Phillips), the plant operator, who Notice is hereby given, pursuant to the gathers and processes the gas in its Sherman Dated: July 1, 1965. provisions of the Federal Aviation Act of Gasoline Plant and resells the residue gas 1958, as amended, that hearing in the after processing to Michigan Wisconsin Pipe Malcolm R. S tephens, above-entitled proceeding is assigned to Line Co. Phillips’ resale of the gas is made Assistant Commissioner under its Bate Schedule No. 4 at a current for Regulations. be held on August 2, 1965, at 10 a.m., rate of 14.0635 cents per Mcf plus applicable e.d.s.t., in Room 607, Universal Building, tax reimbursement, which is in efffect subject [F.R. Doc. 65-7206; Piled, July 8, 1965; 1825 Connecticut Avenue NW., Washing­ to refund in Docket No. RI60-349. Although 8:47 a.m.] ton, D.C., before thé undersigned Texaco’s proposed rate is below the area Examiner. increased rate ceiling of 11.0 cents per Mcf for Railroad District No. 10 as set forth in MONSANTO CO. Dated at Washington, D.C., July 2, the Commission’s Statement of General 1965. Policy No. 61-1, as amended, it is suspended Notice of Filing of Petition for Food for 1 day from July 2, 1965, the date of Additive Monochlorobenzene [ seal] J ames S. K eith, expiration of the statutory notice, because Hearing Examiner. the sale related thereto is considered to be Pursuant to the provisions of the Fed­ [F.R. Doc. 65—7215; Piled,, July 8, 1965; for nonpipeline quality gas. We consider eral Food, Drug, and Cosmetic Act (sec. 8:48 a.m.] the area rate ceiling to be applicable to sales 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) of residue gas at the outlet of the plant (5)), notice is given that a petition which is the point of delivery to the pipeline (FAP 5B1667) has been filed by Mon­ [Docket No. 15459 etc.J - company. santo Co., Post Office Box 1531, Spring- [F.R. Doc. 65-7188; Piled, July 8, 1965; field, Mass., 01101, proposing that para­ PACIFIC NORTHWEST-SOUTHWEST 8:47 a.m.] graph (b) of § 121.2574 Polycarbonate SERVICE INVESTIGATION resins be amended by inserting alpha­ betically in the list of substances therein, Notice of Hearing DEPARTMENT OF HEALTH, EDU­ the new item “Monochlorobenzene,” Notice is hereby given, pursuant to the Dated: July 1,1965. provisions Of the Federal Aviation Act of 1958, as amended, that public hearT CATION, AND WELFARE Malcolm R. S tephens, ings in the Pacific Northwest-Southwest Food and Drug Administration Assistant Commissioner Service Investigation will be held before Jar Regulations.„ the undersigned Examiner at Seattle, CERTIFIED COLOR INDUSTRY [P.R. Doc. 65-7207; Piled July 8, 1965; Wash.; Denver, Colo.; Houston, Tex.; COMMITTEE 8:47 a.m.J and New Orleans, La. for the purpose of enabling the civic parties to present Notice of Filing of Petition- Regarding their factual evidence at a convenient Color Additive Orange B location. Unless special permission is Pursuant to the provisions of the Fed­ ATOMIC ENERGY COMMISSION obtained from the Examiner, each civic eral Food, Drug, and Cosmetic Act (sec. party shall present its case at the hearing 706(d), 74 Stat. 403; 21 U.S.C. 376(d)), {Docket No. 50-235] site nearest to it. ; - notice is given that a petition (CAP 27) The hearing will commence in Seattle has been filed by Certified Color Indus­ GENERAL DYNAMICS CORP. on August 10,1965, at 10 a.m., local time, try Committee, c/o Hazleton Labora­ Notice of Issuance of Facility License in the Snoqualmie Room, adjacent to. the tories, Inc., Post Office Box 30, Falls Coliseum, at the Seattle Center. The Church, Va., 22046, proposing the issu­ Please take notice, that no request for hearing will be held in Denver about ance of a regulation to provide for the a formal hearing having been filed fol­ August 17 in the Onyx Room of the safe use and certification of Orange B lowing publication of the notice of pro­ Brown Palace Hotel; in Houston about (disodium salt of l-(p-sulfophenyl)-3- posed action in the F ederal R egister, August 24 at thè Shèratòh-Lincoln Hotel ; ethylcarboxy - 4 (p-sulfonaphthylazo) -5- the Atomic Energy Commission has is­ and in New Orleans about August 31 in hydroxypyrazole; disodium salt of l-(4- sued, effective as of the date of issuance, Room 13030, Federal Office Building, lo­ sulfophenyl) -3-ethylcarboxy-4 - (4-sul- Facility license No. R-99 to General Dy­ cated at 701 Loyola Avenue. . fonaphthylazo) - 5-hydroxypyrazole) as namics Corp., authorizing operation of Notice Is further given that ariy per­ a color in casings for frankfurters and an accelerator pulsed fast critical as­ son, other than a party of record, may sausages. Use of the casings ,will result sembly type nuclear reactor on the appear at any of these sessions and pre­ in application of the color to the meat. corporation’s laboratory site at Torrey sent factual evidence which is relevant Pines Mesa, Calif. The facility license, to the issues in. accordance with Rule 14 Dated: July i, 1965. as issued, was substantially as set forth of the Board’s rules of practice. All such Malcolm R. S tephens, in the notice of proposed issuance of participants should promptly notify the Assistant Commissioner construction permit and facility license Examiner of their desire to be heard. for Regulations. published in the F ederal R egister on At the conclusion of these sessions, the [F.R. Doc. 65-7205; Piled, July 8, 1965; April 17, 1965, 30 F.R. 5536, except that hearing will be moved to Room 726, 8:47 a.m.] the findings set forth in the notice have Universal Building,, 1825 Connecticut been incorporated in the facility license. Avenue NW., Washington, D.C., where Dated at Bethesda, Md., this 29th day the airline and Government parties will d r ew CHEMICAL CORP. present their cases beginning at 10 a .m., of June 1965. e.d.t., on September 8,1965. Notice of Filing of Petition for Food For the Atomic Energy Commission. For detiails of the issues involved in Additives this proceeding, interested persons are R. C. D eY oung, the Provisions of Acting Chief, Test and Power referred to the Board’s Orders of Inves­ Drug, and Cosmetic tigation Order E-21186., dated August 13, Reactor Safety Branch, Divi­ 1964; Order E^2160l, dated December 34?/hw?i^ (5) * 72 Stat- 1786 J 21 Ui sion of Reactor Licensing. 21, 1964; and Order E-21737, dated tionttonb?™ (FAP ^cnotice 5H1661) is has given been that filed a p [P.R. Doc. 65-7171; Piled, July 8, 1965; January 29, 1965; the Prehearing Con­ 8:46 a.m.] ference Report served on February 25, 8728 NOTICES 1965; the Supplemental Prehearing Con­ of household goods, and Furniture is a sur­ thereof is filed, or the Board gives notice that face freight forwarder of household goods. it will review this Order on its own motion. ference Report served on March 12,1965; The application states that the instant and other documents which are in the By J. W. R o s e n t h a l , control and interlocking relationships do not Chief, Routes and Agreements Division, docket of this proceeding on file in the raise any new substantive issues and are Bureau of Economic Regulation. docket section of the Civil Aeronautics similar to those approved by the Board in Board. the past. The application also states that [ s e a l ] H a r o l d R . S a n d e r s o n , the public interest will not be adversely Secretary. Dated at Washington, D.C., July 6, affected by approval of the relationships, [F.R. Doc! 65-7217; Filed, July 8, 1965; 1965. that there will be no restraint of competition 8:48 a.m.] and that no monopoly will be created. [ seal] Ross I. N ew m ann, No adverse comments or requests for a Hearing Examiner, hearing have been received. [F.R. Doc. 65-7216; Filed, July 8, 1965; Notice of intent to dispose of the applica­ 8:48 a.m.] tion without a hearing has been published FEDERAL AVIATION AGENCY in the F e d e r a l R e g i s t e r , and a copy of such notice has been furnished by the Board to DIRECTOR, FLIGHT STANDARDS the Attorney General not later that the day SERVICE [Docket No. 16056] following the date of such publication, both in accordance with the requirements of sec­ Delegation of Exemption Authority WHEATON VAN LINES, INC., ET AL. tion 408(b) of the Act. Upon consideration of the application, it Section 610(b) of the Federal Aviation Notice of Proposed Approval is concluded that Furniture and Crown are Act, 49 U.S.C. 1430(b), authorizes the Ad­ Application of Wheaton Van Lines, common carriers within the meaning of sec­ ministrator of the Federal Aviation Inc., et al., for approval of control and tion 408 of the Act and that the common Agency to exempt foreign aircraft and interlocking relationships under sections control of Wheaton, Furniture, and Crown airmen serving in connection therewith by E. S. Wheaton and family is subject to from the provisions of section 610(a), 49 408 and 409 of the Federal Aviation Act section 408 of the Act.6 However, it has of 1958, as amended, Docket 16056.. been further concluded that such relation­ U.S.C. 1430(a), except with respect to Notice is hereby given, pursuant to the ships do not affect the control of an air the observance by such airmen of the air statutory requirements of section 408 (b), carrier directly engaged in the operation of traffic rules, upon such terms and condi­ that the undersigned intends to issue the aircraft in air transportation, do not result tions as he may prescribe as being in the order set forth below under delegated au­ in creating a monopoly and do not restrain interest of the public. Authority to grant thority. Interested persons are hereby competition. Furthermore, no person dis­ individual exemptions under this provi­ closing a substantial interest in this pro­ sion is being delegated to the Director, afforded a period of 15 days from date of ceeding is currently requesting a hearing and service within which to file comments or it is found that the public interest does not Flight Standards Service, effective July 9, request a hearing with respect to the require & hearing. It therefore appears that 1965, pursuant to section 303(d), 49 action proposed in the order. approval of the control relationships would U.S.C. 1344(d). The “general provi­ not be inconsistent with the public interest. sions,” governing delegations, of section Dated at Washington, D.C., July 6, It is also concluded that interlocking re­ 1 (b) of Subpart D of the FAA Organiza­ 1965. lationships within the scope of section 409(a) tion Statement, 30 F.R. 3395, 3400, apply of the Act will exist between the companies to this delegation. [seal] J. W. R osenthal, as a result of the holding by the individual Routes and Agreements Division, applicants of the positions described in the Issued in Washington, D.C., on July 1, Bureau of Economic Regulation. appendix hereto.3 However, it is further 1965. concluded that the parties have made a due D. D. T homas, A p p r o v i n g C o n t r o l a n d I nterlocking showing in the form and manner prescribed Acting Administrator. R elationships that such interlocking relationships, and any future relationships resulting from the elec­ [F.R. Doc. 65-7169; Filed, July 8, 1965; By application filed April 14, 1965, as 8:46 a.m.] amended May 17, and May 28, ;1965, the tion or appointment of the individual appli­ Board has been requested to approve under cants to further positions as officers and/or section 408 of the Federal Aviation Act of directors of Wheaton, Crown, and Furniture, 1958, as amended (the Act), the common will not adversely affect the public interest. [Arndt. 1] control of Wheaton Van Lines, Inc. (Whea­ Pursuant to authority duly delegated by ton), Furniture Forwarding, Inc. (Furni­ the Board in the Board’s regulations 14 CFR ORGANIZATION STATEMENT 385.13, it is found that the foregoing control ture), and Crown Moving and Storage, Inc. Delegation of Authority (Crown), by Mr. E. S. Wheaton and family.1 relationships should be approved under sec­ The application also requests approval of tion 408(b) of the Act, without a hearing, The Federal Aviation Agency Organi­ certain interlocking relationships,2 as shown and that the interlocking relationships de­ zation Statement, issued March 10, 1965 in the appendix hereto.3 scribed above should be approved under sec­ tion 409 of the Act. (30 F.R. 3395), sets forth in Subpart D, Wheaton is an interstate motor common Accordingly, It is ordered: Section 2 the delegation of authority carrier of household goods and a surface 1. That the common control by E. S. from the Administrator to the Deputy freight forwarder of household goods. It is Wheaton and family of Wheaton, Crown, and Administrator. As that section was then also an applicant for interstate and interna­ Furniture be and it hereby is approved; tional air freight forwarder authority.* written, subparagraph (a) (1) b excludes 2. That, subject to the provisions of Part from the delegation the functions of Crown is an intrastate motor common carrier 251 of the Board’s economic regulations, as now in effect or hereafter amended, the inter­ promulgating rules, regulations, orders, and exemptions, except those specifically 1 Mr. e : S. Wheaton and his wife, Marjorie locking relationships existing by reason of A. Wheaton, own 100 percent of the stock of the holding by the individual applicants of listed in delegations to the Deputy Ad­ Wheaton which, in turn, owns 100 percent of the positions set forth in the appendix ministrator or to any other officer of the the stock of Furniture. E. S. Wheaton, hereto3 be and they hereby are approved; Agency. Authority to . exercise these Constance J. Wheaton, his daughter, Richard and powers has now been delegated to the J. Wheaton, his son, C. Lloyd Kroger, his 3. That future interlocking relationships Deputy Administrator. An appropriate son-in-law, and Paul H. Feucht, his son-in- resulting from the election or appointment of amendment to the Organization State­ law, together own 62 y2 percent of the stock the individual applicants to positions as offi­ ment must therefore be published. of Crown, i.e., 12 y2 percent each. cers and/or directors of Wheaton, Crown, and Furniture, other than as shown herein, be For the foregoing reasons, the Organi­ 2 The application also requests that the amended, Board authorize the individual applicants and they hereby are approved. zation Statement is hereby Persons entitled to petition the Board for to hold generally, in addition to the positions effective July 1, 1965, by deleting sub­ set forth herein, directorships and offices review of this Order pursuant to the Board’s paragraph b of section 2(a) (1). ?res?®1 within the Wheaton system of affiliated and regulations, 14 CFR 385.50, may file such pe­ subparagraphs c and d are redesignated subsidiary companies, i.e:, Wheaton, Furni­ titions within 5 days after the date of service as subparagraphs b and c, respectively- of this Order. ture, and Crown. This Order shall be effective and become Issued in Washington, D.C., on July 6, 3 Appendix filed as part of original docu­ the action of the Civil Aeronautics Board ment. 1965. * Such application is construed tb be a re­ upon expiration of the above period unless W illiam F. M cK ee, quest for authority to engage in the move­ within such period a petition for review Administrator. ment of used household goods. For purposes [F.R. Doc. 65-7261; Filed, July 8* 1965; of the instant proceeding (Docket 16.056), 6 As used herein, “family” means those Wheaton is considered to be an air Carrier. persons named in footnote 1, supra. 8:45 a.m.] F rid a y , July 9, 1965 FEDERAL REGISTER 8729 vislon channels to common carriers au*- It is ordered, This 1st day of July FEDERAL COMMUNICATIONS thorized by the Federal Communications 1965, that Herbert Sharfman shall serve Commission, between Andover, Maine, as the presiding officer in the above- COMMISSION and a communications-satellite in .con­ entitled proceeding; that the hearings nection with the establishment of com­ therein shall commence at 10 a.m., on [Docket Nos. 15861, 15862; PCC 65M-859] munication paths between points in the September 28, 1965; and that a pre- CHARLOTTESVILLE BROADCASTING United States and Europe for the trans­ hearing conference shall be convened at COR P. (WIN A) AN D WBXM mission and reception of voice, record, 9 a.m., on July 27,1965; And, it is further data, telephoto, facsimile, television and ordered, That all proceedings shall be BROADCASTING CO., INC. other signals. held in the Offices of the Commission, Memorandum Opinion and Order The Examiner haying under considera­ Washington, D.C. tion the prehearing conference held July Scheduling Prehearing Conference 1, 1965; Released; July 2,1965; 4 In re applications of Charlottesville It is ordered, This 1st day of July 1965, F ederal Communications Broadcasting Corp. (WINA), Char­ that the parties to this proceeding en­ Commission, lottesville, Va., Docket No. 15861, File deavor to work out a resolution of the [seal] B en F. Waple, No. BP-15768; WBXM Broadcasting Co., suspended items of Communications Secretary. Inc., Springfield, Va., Docket No. 15862, Satellite Corp. (Comsat) Tariff FCC No. [P R. Doc. 65-7221; ' Filed, July 8, 1965; Pile No. BP-15808; for construction per­ 1, and that a further prehearing con­ 8:48 aao.] \ mits. ference be held herein at 9 a.m., on July 1. The Hearing Examiner has under 16, 1965, at the offices of the Commission consideration (1) a “Joint Petition for in Washington, D.C., at which time a [Docket No. 16084; FCC 65-567] Leave To Amend” the above-entitled ap­ report shall be rendered concerning the plications filed on June 4, 1065, by the areas of agreement and disagreement AMERICAN TELEPHONE & applicants’ attorneys and (2) a letter remaining with respect to such items; TELEGRAPH CO. from counsel for WBXM Broadcasting and Memorandum Opinion and Order Co., Inc., with a purported “further It is further ordered, That considera­ amendment” to its application, said letter tion will then be given to the setting of Instituting Investigation having been received June 24, 1965. an appropriate hearing date for disposi­ In the matter of American Telephone 2. There also are oppositions and com­ tion of any remaining matters of dis­ & Telegraph Co,. Docket No. 16084; ments to the above filed by two inter- agreement related to such suspended Tariff FCC No. 134, paragraph 27, second venors and the Commission’s Broadcast item; and revised page 16H. Bureau which need not be considered It is further ordered, Pursuant to ac­ 1.. On May 28, 1965, American Tele­ in this memorandum opinion and order. quiescence stated by Comsat on the rec­ phone & Telegraph Co. filed a proposed 3. The Hearing Examiner is con­ ord, that the period of suspension re­ tariff revision, third revised page 10H strained to conclude that the joint lating to any disputed and suspended to AT. & T. Tariff FCC No. 134, which amendment cannot be accepted because tariff items shall be continued for a mini­ would limit the availability of press rates (1) its Exhibit E2 is undecipherable and mum period of 80 days following the to press users who use more than 50 hence meaningless, and (2) the aforesaid presently effective terminal daté of such percent of private line services and chan­ letter is defective as a petition and, in suspension, unless such items are earlier nels for the collection and dissemination any event, it is doubtful whether a joint resolved by mutual agreement of the of general news. The currently effective petition to amend may be revised uni­ interested parties ; and tariff provisions do not contain any simi­ laterally even though the revision would It is further ordered, That the hear­ lar provision. The revision is scheduled apply to only one application. ing on all other matters in issue relative to become effective July 5, 1965. 4. The following ordering clauses will to Comsat Tariff FCC No .1 shall be de­ 2. The National Broadcasting Co., Inc., not bar the Hearing Examiner’s consider­ ferred for a minimum period of 6 has filed a petition, dated June 18, 1965, ation of a new petition (with amend­ months, and that the Examiner shall in which it has requested the Commis­ ment (s)) properly phrased with legible call a further conference in January 1966 sion to suspend and after hearing reject exhibits and an inclusive prayer for re- to deal with such problems and the mat­ A.T. & T.’s proposed tariff amendment ter of setting a discrete date for hearing limiting the availability of press rates. Accordingly, it is ordered, This 1st day thereon; and A.T«. & T. has filed an opposition to the of July 1965, that the joint petition It is further ordered, That any inter­ grant of NBC’s petition. aforementioned is denied and the accom­ ested party may, at any time, petition the 3. NBC in support of its petition to panying amendment and its attempted Examiner to convene a hearing confer­ suspend contends that the proposed revisions are rejected, and ence for the purpose of considering any tariff revision is unjust and unreasonable. It is further ordered, That a further appropriate action to be taken with re­ It argues that if the proposed tariff be­ Prehearing conference in this matter is spect to disposition of the issues pertain­ comes effective (1) it will result in fur­ scheduled to commence at 9 a.m„ July ing to Comsat Tariff No. 1. ther attempts by A.T. & T. to undermine 9» 1965, in the Commission’s offices in the present press,rate tariff structure; Washington, D.C. Released: July 2, 1965, (2) it will require close and constant Released: July 2,1965. F ederal Communications analysis of traffic on every circuit in Commission, order to determine whether or not such F ederal Communications [seal] B en F. Waple, traffic.falls within the definition of “gen­ Commission, Secretary. eral news,!’ which, in turn, could dead [seal! B en F. Waple, [FA Doc. 65-7167; Filed, July 8, 1965; to harassment of the customer by the Secretary. 8:46 a.m.] carrier; and (3) it will place an undue [PR. Doc. 65-7166; Filed, July 8. 1965; burden on the Commission in deciding 8:46 am .] the many controversial questions which [Docket No. 16072; FOC 65M-865] will arise under the proposed tariff. 4. A.T. & T, in support of its opposi­ [Docket No. 16070; FCC 65M-866] AMERICAN TELEPHONE & tion states that (1) NBC seeks to elimi­ TELEGRAPH CO. COMMUNICATIONS SATELLITE CORP nate one of the tests established by the Order Scheduling Hearing Commission for obtaining press rates, Order Following Prehearing namely that it be used for the collection Conference In the matter of American Telephone and dissemination of general news; (2) & Telegraph Co.; Docket No. 16072; re­ there is nothing in the petition that indi­ matter of Communications vision of definition of service point in satellite Corp., Docket No. 16070; cates the 50 percent use provision is un­ Connection with private line services and reasonable! and (3) a predominant use ftn5fges’ Practices, classifications, rates channels (20th revised page 18, American provision is reasonably implied in a sit­ witvi x Friday, July 9, 1965 FEDERAIREGISTER 8781 petitioner-filed its reply thereto. The operate the proposed television broadcast American Television Features, Ind., shall above-eaptioned application of GWETA statioh; and Colonial Television Corp, Is amend their respective applications to was filed on December 24, 1964. Peti­ legally, technically/ financially, and furnish the information required by sec­ tioner does not allege standing as a otherwise qualified to construct, own, and tion IV, paragraph 12, FCC Form 261, “party1 in interest” within the intent and ôperate the proposed television broadcast with respect to the citizenship of the staff meaning of section $09(d) of the Com­ station; arid ■ members there enumerated. munications Act of 1934, as amended. It further appearing that the trans­ It is further ordered, That in the. event Considered as an informal objection filed mitter proposed by T.C.A. Broadcasting, of a grant of the application of Theodore pursuant to § 1.587 of the Commission’s Inc., has not been type-accepted by the Granik or All American, Television -Fea­ rules, the petition must be dismissed as Commission and that, in the event of a tures, Inc., such grant shall be made moot. On June 4; 1965, the Commission grant of / the application, such grant subject to the condition, that, prior to adopted the Fourth Report and Order should be made subject to the condition grant of program test authority., the per­ in Docket No. 14229 (FCC 65-504, re­ that, prior to licensing, acceptable data mittee shall apply for authority to reduce leased June 8, 1965) promulgating a new shall be submitted for type-acceptance aural power so that the effective radiated television Table of Assignments and al­ in accordance with the requirements of power of ■ the aural transmitter shall not locating, inter alia, Channel 50 to Wash­ § 73.640 of the Commission’s rules; and be less than 10 percent nor more than 20 ington, D.C., oh an unreserved basis and It further appearing, that upon due percent of the peak radiated, power of not reserving the channel for noncom­ consideration of the above-captioned ap­ the visual transmitter, in accordance mercial educational use as requested by plications, the Commission finds that, with the requirements of $ 73.682(aM 15) GWETA. At the same time, the Com­ pursuant to section 309(e) of the Com­ of the Commission’s rules. : > mission dismissed the petition for rule munications Act of 1934, as amended, It is further ordered, That in theevent making (RM-790) filed in that proceed­ a hearing is necessary and that the said of a grant of the application of All ing by GWETA. GWETA’s reasons for applications must be designated fpr hear­ American Television Features, Inc., or requesting deferral of action having been ing in a consolidated proceeding on the The Greater Washington Educational disposed of, its petition is moot. issues set forth below: Television Association, Inc., such grant It further appearing that Theodore It is ordered, That pursuant to section shall be subject to the; condition that Granik and All American Television 309 (e) of the Communications Act of .construction shall not commence until Features, Inc., have not disclosed the 1934, as amended, the above-captioned an appropriate application has been filed citizenship of staff officials enumerated applications of Theodore Granik, all by the licensee of Television Broadcast in section IV, paragraph 12, FCC Form American Television Features; Inc., The Station WETA-TV and granted by the 301, the applicants should be required to Greater Washington Educational Tele­ Commission for authority to make neces­ amend their applications, to furnish the vision Association, Inc., T.C.A. Broad­ sary changes in the existing antenna said information; and casting, Inc., and Colonial Television supporting structure of that station., > It further appearing that the engineer­ Corp., are designated fur hearing in a It is further ordered, That in the event ing proposals of Theodore Granik and consolidated proceeding at a time and of a grant of the application of T.C.A. All American Television Features, Inc., place to be specified in a subsequent Broadcasting, Inc., such grant shall be are not consistent with the requirements order, upon the following issues;. •-> subject to the condition that, prior to of § 73.682(a) (15) of the Commission’s 1. To determine whether All American licensing, acceptable data shall be sub­ rules, as amended effective April 19,1965 Television Features, Inc., is financially mitted for type-aeceptance of the pro­ (Docket No. 15404, FCC. 65-172, released qualified to construct, own, and operate posed transmitter in accordance with the March 11,1965) with respect to the ratio the proposed television broadcast station. requirements of §. 73.640 of the Commis­ of effective radiated power of the aural 2. To determine whether The Greater sion’s rules. r ;» , t transmitter to the peak, radiated power Washington Educational Television As­ It is further ordered,: That the issues of the visual transmitter; and sociation, Inc., is financially qualified to in the-above-eaptionedr proceeding may It further appearing, that All Ameri­ construct, own, and operate the proposed be enlarged by the Examiner with respect can Television Features, Inc., and television broadcast station. to the applications of Theodore, Granik, GWETA, each proposes to mount its an- . 3. To, determine whether there is rea­ T.CA. Broadcasting, fnc., and Colonial tenna on the existing tower of Television sonable assurance that the antenna site Television Corp., on his own motion or Broadcast Station WETA-TV, Channel proposed by Colonial Television Corp. upon petition properly filed by a party to *26, Washington, D.C., and that, in the will be available for its proposed use. the. proceeding, and upon sufficient al­ event of a grant of either of these appli­ 4. To determine, on a comparative legations of fact in support thereof, by cations, an application must be filed and basis, which of the operations proposed j the addition of the following issue; “To granted by the Commission for modifica­ in the above-captioned applications determine whether the funds available to tion of the existing structure to make would best serve the public interest, con­ the applicant will give reasonable assur­ the necessary, changes,; that a grant of venience, and necessity in light of the ance that the proposals set forth in the either of these applications should be evidence adduced pursuant to the fore­ application will be effectuated.” : , made subject to the condition that con­ going issues, and the record made with l It is further ordered, That to avail struction shall not commence until an respect to the significant differences be­ themselves of the opportunity to be appropriate application has been filed tween the applicants as to : > heard, Theodore. Granik, All American and granted conferring authority to (a) The background and experience Television Features, Inc.,. The Greater make the necessary changes; and of each, bearing on its ability to own and Washington Educational Television As­ It further appearing that Theodore operate the proposed television broad­ sociation, Inc., T.Ç.À, Broadcasting, Inc., Granik is legally, technically, financially cast station. and Cpionial Révision Corp., pursuant and otherwise,qualified to construct, own, , (b), The proposals of each with respect to § 1.221 (p) of the Commission’^- rules, and operate the proposed television to the management and operation of the in person or by attorney, shall, witbin broadcast station; that, except as indi- proposed television broadcast station, twenty (20) days of the mailing of this cated above, AH American Television (c) The programing services proposedordér, file with the Ccmmission, hi tripli­ Features, Inc. is legally, technically, and in each of the above-captioned applica­ cate, a written appearance stating an otherwise qualified to construct, own, and tions. ' '*§ intention to appear on the date set for operate the proposed television broadcast 5. To determine, in the light, of the the hearing and présent evidence on the station; and that, except as indicated evidence adduced pursuant to the fore­ issues specified ip this order. . ' ; < : : above, The Greater Washington Eduoa- ) going issues, which of the instant appli­ It is further ordered, That the appli­ tional Television Association, Inc., is cations should be granted. cants herein shall, pursuant ; to section egally, technically and otherwise quali- , i t is further ordered, That the petition 311 (a) ( 2 ) of the Communications Act of ned to construct, own and operate the to deny filed herein by The Greater 1934, as amended, anh § 1,594Îâ) of the Washington Educational Television As­ Commission’s rules, give notice pf the Proposed television broadcast station; sociation, Inc., is dismissed, as moot. ’ hearing either individually or, if feasi­ and that T.C.A. Broadcasting, Ific., is I t is further ordered, ïthat within ble, jointly, within the time. and. in the legally, technically, financially, and oth- \ twenty (201) days of the date of release of manner prescribed in such rulp, and shall erwise qualified to construct, own, ahd this order, Theodore Granik arid Àll advise the Commission of the publication No. 131------io 8732 NOTICES of such notice as required by § 1.594(g) for the proposed stations have not been 5. To determine, in the light of the of the rules. given; and evidence adduced under the foregoing It further appearing, that in the above- issues, whether the public interest, con­ Released; July 6, 1965. mentioned letter of the “Greenside Fam­ venience or necessity would be served by Federal Communications ily”, it was stated that each of the pro­ the grant of the captioned applications, Commission, posed stations would be operated by the or any of them. [seal] Ben F. Waple, other members of the family; and 6. To determine, if under Issue 5 it is Secretary. It further appearing, that at various decided to grant the applications of either William or Bertha Greenside, [F.R. Doc. 65-7223; Filed, July 8, 1965; times during the period March 1963, 8:48 a.m.] through January 19.64, Richard P. Green­ whether the grant should be subject to side has committed a number of viola­ a condition that Richard P., Michael S., tions of the Commission’s rules in con­ and Stephen R. Greenside not operate [Docket Nos. 16074:—16080; FCC 65-563] nection with the operation of a citizens any unit of the station; and radio station formerly licensed to his It is further ordered, That the burden RICHARD P. GREENSIDE ET A L wife, Diann N. Roosa (Docket No. 15378), of proceeding with the introduction of Order Designating Applications for that he has on a number of occasions, evidence and the burden of proof on all including on or about the dates Feb­ issues shall be on the applicants; and Consolidated Hearing on Stated ruary 7, 1963, October 20, 1964, October It is further ordered, That to avail Issues 21, 1964, October 26, 1964, October 28, himself of the opportunity to be heard, In re application of Richard P. Green- 1964, October 30, 1964, January 3, 1965, each applicant, in person or by his at­ side, Mattapan, Mass., for a Class D sta­ and March 9, 1965, operated a radio sta­ torney, shall, pursuant to § 1.221(c) of tion license in the Citizens Radio Service, tion on frequencies allocated to the Citi­ the Commission’s rules, within 20 days Docket No. 16074, File No. 146-CD-64; zens Radio Service without a proper of the mailing of this order, file with Richard P. Greenside trading as Mobil- license, and that he has on or about the the Commission, in triplicate, a written wave, Mattapan, Mass., for a Class D dates November 25, 1963, December 4, appearance stating that he will appear station license in the Citizens Radio 1963, December 5,1963, January 13,1964, on the date fixed for hearing and present Service, Docket No. 16075, File No. 342— and January 15, 1964, transmitted ob­ evidence on the issues specified in this CD-64; Richard P. Greenside, Mattapan, scene, indecent, or profane language over order. Mass., for a Class C station license in the radio-communication facilities in viola­ Released: July 6, 1965. Citizens Radio Service, Docket No. 16076, tion of 18 U.S. Code 1464; and It further appearing, that during the Federal Communications File No. 739-CC-64; Michael S. Green­ Commission, side trading as Autowave, Mattapan, period October 1963, through March 1964, Bertha Greenside has operated [seal] Ben F. Waple, Mass., for a Class D station license in Secretary. the Citizens Radio Service, Docket No. citizens radio equipment improperly and 16077, File No. 665-CD-64; Bertha without proper authorization; and [F.R. Doc. 65-7224; Filed July 8, 1965; Greenside, Mattapan, Mass., for a Class It further appearing, that during the 8:49 a.m.] D station license in the Citizens Radio period May 1963, through May 1964, Service, Docket No. 16078, File No. 665— Michael S. and Stephen R. Greenside also CD-64; William Greenside, Mattapan, have operated citizens radio equipment [Docket Nos. 15965, 15966; FCC 65M-869] improperly and without proper^authori­ Mass., for a Class D station license in the PARISH BROADCASTING CO., AND Citizens Radio Service, Docket No. 16079, zation, also raising questions as to their File No. 666-CD-64; Stephen R. Green­ qualifications to be licensees; and CLINTON BROADCASTING CO. It further appearing, that Richard P. side trading as Northwest TV, Mattapan, Order Regarding Procedural Dates Mass., for a Class D station license in Greenside may be the real party in in­ the Citizens Radio Service, Docket No. terest to the captioned applications filed In re applications of James A. Gate- 16080, File No. 667-CD-64. by the members of his family or to some wood trading as Parish Broadcasting Co., At a session of the Federal Communi­ of them; and Franklinton, La.K Docket No. 15965, Pile cations Commission held at its offices in It further appearing, that in view of No. BP-16360; William E. Hardy and Washington, D.C., on the 30th day of the foregoing, the Commission has not James E. Myers, doing business as Clin­ June 1965; been able to find that the public interest, ton Broadcasting Co., Clinton, Miss., The Commission having under con­ convenience or necessity would be served Docket No. 15966, File No. BP-16425; sideration the captioned applications for by the grant of the captioned applica­ for construction permits. licenses in the Citizens Radio Service; tions; and The Hearing Examiner having for and It is ordered, Pursuant to section consideration a motion for extension of It appearing, that all of the applicants 309(e) of the Communications Act of procedural dates, filed on June 29, 1965, are members of one family (Richard, 1934, as amended, and § 1.973(b) of the by Parish Broadcasting Co., together Michael, and Stephen are brothers, Wil­ Commission’s rules, that the captioned with petitioner’s statement that the liam and Bertha are their parents) resid­ applications are designated for consoli­ Broadcast Bureau, the only other party ing at one address and that the subject dated hearing, at a time and place to be hereto,1 consents to immediate grant of applications request authorization for a specified by a subsequent order, upon the the requested relief; total of 70 Class D radio units and one following issues: It appearing that the additional tune Class C unit; and 1. To determine the need and the pur­ is necessary for the petitioner to achieve It further appearing, that the Com­ pose of the radio facilities, sought by the substantial compliance with the Commis­ mission by letters addressed to each ap­ captioned applications. 2. To determine if Richard P. Green­ sion’s rules relating to publication and plicant requested each one to state in to supplement its written exchange, and detail, among other things, the need and side is the real party in interest to the the purpose of each proposed radio sta­ applications filed by the other applicants that good cause exists for a grant of the tion and that, in apparent response herein, or to any of them. requested relief; thereto, a single unsigned letter, pur­ 3. To determine the extent to which It is ordered, This 1st day of July 1965, portedly sent by the “Greenside Fam­ Richard P., Michael S., and Stephen R. that the subject petition is granted, and ily”, stated merely that the proposed sta­ Greenside would operate the proposed tions were for “personal and business use stations of the other applicants herein. 1 There is pending the petition of Clinton of the family”, and that five of the appli­ 4. To determine whether the appli­ Broadcasting Co. for dismissal of its appli­ cations could be “canceled” if the appli­ cants herein, other than William Green­ cation, which petition will be ripe for act cations filed by Richard P. Greenside side, have the requisite character following the filing of an affidavit of n° were granted within 15 days, but that qualifications to be licensees of the consideration by Parish pursuant to Si­ otherwise the purpose of and the need Commission in the Citizens radio service. te) (1). F rid a y , July 9, 1965 FEDERAI REGISTER 8 73 3 that the following procedural dates are lished by the aforementioned decisions I t further appearing that the foregoing established: u of the courts; and described transactions were effectuated July 14, 1965—Exchange of supplemental It further appearing that the afore­ without applying for and obtaining the written exhibits. mentioned findings of fact and conclu­ prior consent of this Commission in con­ July 21, 1965—Notification of witnesses* sions of law show that, among other travention of section 310(b) of the Com­ July 29, 1965-—Commencement of hearing at matters, the above-named individuals, munications Act of 1934, as amended; 9 a.m. - , ¡' ? • $ and other respondents, had willfully vio­ and Released: July 2,1965. lated the consent decree and were guilty It further appearing that, in light of of a fraud on the courts and/ff outright the above considerations, the Commis­ F ederal Communications misrepresentations to the cotuts; and sion is unable to find that a grant of the Com m ission, Itrifurther appearing that in affirming above-entitled application would serve [seal] B en F . W aple, ..*.3 , the criminal contempt convictions of the the public interest, convenience and Secretary. above-named individuals, and other necessity, and, that said application [FR. Doc. 65-7225; Filed, July 8, 1965; respondents, the appeal court found must, therefore, be designated for hear­ 8:49 a.m.] that; “The evidence shows not isolated ing; instances of violation, but a conscious It is ordered, That pursuant to sec­ and continuous scheme to thwart the tion 309(e) of the Communications Act [Docket No. 16087; PCC 65-585] court’s decree”; and of 1934, as amended, the above-entitled PATROON BROADCASTING CO., INC; It further appearing that in view of application is designated for hearing at the foregoing considerations and in ac­ a time and place to, be-specified in a Order Designating Application for cordance with the' Commission’s Report subsequent order, upon the following Hearing on Stated Issues on Uniform Policy as to Violations by issues: Applicants of Laws of the United States, 1. To determine, in light of the Com­ In re application of Patroon Broad-’ 1 Pike & Fischer, R.R., part n i, 91:495, casting Co., Inc., Albany, N.Y., Docket mission’s Report on Uniform Policy as “violation of a U.S. law per se raises * * * to Violations by Applicants of Laws of No. 16087, File No, BR-2787; for renewal [a] presumption adverse to an appli­ of license of Station WPTR. the United States, supra, whether, and cant * * * regarding character * * * to what extent, the conduct, as described At a session of the Federal Communi­ 1 which] may be overcome by counter­ cations Commission held at its offices above, of Schine Chain Theatres, Inc;, vailing circumstances * * * or other of J. Myer Schine, and of Donald G. in Washington, D.C., on the 30th day of favorable facts and considerations that June 1965: |j|| ^ :i: r Schine, adversely reflect upon their outweigh the record of unlawful conduct character qualifications as stockholders, The Commission has under considera­ and qualify the applicant to operate a tion (1) the above-captioned application and/or officers and directors of the li­ station in the public interest”;4 and censee of WPTR. and amendments and correspondence re­ It further appearing that based upon lating thereto; and (2) the various deci­ 2. To determine whether there has the facts now before us we are unable been a transfer of control of Radio Sta­ sions by the courts1 * holding, among to find that there , are either mitigating other matters, th at: tion WPTR in contravention of section or countervailing considerations which 310(b) of the Communications Act ; (a) Schine Chain Theatres, Inc., et al., outweigh the adverse presumption re­ including J, Myer Schine had been guilty . 3. To determine whether, in light of garding the licensee’s character qualifi­ the evidence adduced with respect to all of violations of sections 1 and 2 of the cations; and Sherman Act (26 Stat. 209, 15 U.S.C.A. of the foregoing issues, the licensee, pos­ secs. 1 and 2) *,1 and It further appearing that, prior to sesses the basic character qualifications February 29, 1960, the licensee corpora­ to continue to be the licensee of Station (b) Schine Chain Theatres, Inc., et al., tion was substantially owned and con­ including J. Myer Schine and Donald G. WPTR. '■ v'T •: trolled by Schine Chain Theatres, Inc., 4. To determine' ¡whether a grant iff Schine were convicted and fined $73,000 which in turn was owned 100 percent by for criminal contempt * in violating a the application for renewal of license 1949 consent decree;8 and Schinebro, Inc., another Schine family would serve the public interest, conven­ corporation, which latter corporation ience, and necessity. ' It appearing that (1) the unlawfulness had 181 shares of common stock out­ of the activities of the Schine interests It is further ordered, That, to avail standing of which 130 shares (71.8 per­ itself Of the opportunity to be heard, the resulting in violations of the antitrust cent) were owned by J. Myer Schine laws and the criminal Contempt convic­ applicant herein, pursuant to § 1.221 of and 51 shares 028.2 percent) were owned the Commission's rules, in person or by tions have been determined fully by the by the Estate of Louis W. Schine; and courts; (2) Schine Chain Theatres, as attorney, shall, within 20 days of the It further appearing that on February mailing of this order, file with the Com­ well as the other named individuals, have 29, 1960, Schinebro, In©., and another exhausted fully their rights to judicial mission in triplicate, a written appear­ Schine family corporation, Hildemart ance stating an intention to appear on appeals relating to their above-described Corp., were merged and consolidated into unlawful conduct; (3) the facts, find­ a new corporation, Schine Enterprises, the date fixed for the hearing and pre­ ings, and holdings of the courts with Inc., and as a result thereof all the stock sent evidence on the issues specified in respect to the above-described unlawful in Schine Chain Theatres, Inc., ' pre­ tliis order. , conduct of the Schine interests are viously owned by Schinebro, Inc., was It is further, ordered, That the appli­ deemed established and conclusive by transferred to Schine Enterprises, Inc., cant herein shall, pursuant to section ^-'ornnussion; and (4) accordingly, 311(a)(2) of the Communications Act there are no issues of fact or of law to a corporation in which J. Myer Schine be determined by this Commission with held a minority stock interest; and of 1934, as amended, and § 1.594 of the respect to the unlawfulness of the con­ Commission’s rules, give. notice of the * The Commission has also taken into ac­ hearing, within the time and in the man­ duct of the Schine interests as estab- count the recent decisions under the Uni­ form Policy involving Westlnghouse and ner prescribed iri such rule, and shall 1 United States v. Schine Chain Theatres, General Electric, 22 Pike & Fischer, R.R., advise the Commission thereof as re­ Inc., et al., 63 F. Supp. 229 (1945), 334 UJS. 1023; and 2 Pike & Fischer, R.R., 2d 1038. quired by § 1.594 of thé Commission’s 110 (1947). The essential difference between those cases rules, ^ ’Findings of fact and conclusions of law and this one is that the principals of the I, U,S- District Court for Western District broadcast operation not only engaged in Released: July 6,1965/' ;* : / yü or New York filed Dec. 27, 1956; judgment of antitrust violations but through fraudulent conviction; and fines of $73,000 entered by deals and outright misrepresentations de­ F ederal Communications •S. District Court for Western District of liberately set out to deceive the court and the Com m ission,5 New York on Mar. 18, 1957; United States v. Department of Justipe as to compliance with . [ seal] B en F , W apLe , J. Myer Schine, et al„ 260 F. 2d 552 (1958), the provisions of the consent decree. Such Secretary. ■ criminal contempt conviction and fines af- a pattern of deliberate deceit, misrepresenta­ [F.R. Doc. , 65-7226; Filed, July 8, 1965; tion to courts and governmental bodies, and arjlf’ 858 D.S. 93 (1959), certiorari denied. fraud—which was not present in the above 8:49 a.m.] tv J“6 u s - District Court for the Western cited cases—is most serious (cf. FCC v. strict of New York entered a consent decree WOKO, Inc., 329 U.S. 223) and results in the 6 Chairman Henry concurring in result; on June 24, 1949. hearing here ordered. Commissioner Cox not participating. 8734 NOTICES

[Docket No. 15983; FCC 65M-863] mercial VHF stations are presently in previously presented to and considered operation, and the significant issue by the Panel; and that the Commission TWELVE SEVENTY, INC. herein presented is whether a higher should not grant reconsideration, merely for the purpose of again debating mat­ Order Continuing Hearing standard should be applied in determin­ ing the financial qualifications of appli­ ters on which the tribunal has already In the matter of Twelve. Seventy, Inc., cants for UHF facilities under such deliberated and spoken. WEBR further Docket No. 15983, Pile No. BR-1749; for circumstances. The Panel majority held contends that the Commission has not renewal of license of Station WTXD, that “we must Seek to strike a balance only the statutory responsibility but also Newport News, Va. between our desire, on the one hand, to the plain duty to require a reasonable It is ordered, This 1st day of July 1965, stimulate the earliest possible develop­ showing of the ability of new UHF sta­ in view of representations and develop­ ment of the UHF medium, and the dan­ tions to survive the period of set conver­ ments during prehearing conference held ger, on the other hand, that attainment sion in all-VHF markets, and the Panel’s this date indicating the futility of con­ of our alternate goal may be impaired decision is fully consistent with both the vening the hearings in the above-entitled if there should be any broad-scale repeti­ policy of the Communications Act and proceeding on July 21,1965, as previously tion of the financial failures of the early past actions of the Commission in other scheduled, that the said hearings are UHF years” (par. 13). The Panel ma­ special situations; that the modified issue continued to a date to be specified by jority found that all of the applicants is not incapable of proof and would not subsequent order. would depend upon advertising revenues unreasonably burden the applicants; and that the issues do not favor multiple Released: July 2,1965; for a continuing operation and noted the wide divergence in the estimates of reve­ owners, and are in furtherance of rather F ederal Communications nues submitted by the applicants. The than contrary to Commission UHF pol­ Com m ission, Panel concluded that each applicant icy. Regardless of the action the Com­ [ seal] B en F . W aple, should be required to project estimated mission may take with respect to the Secretary. annual revenues over a 3-year period Panel’s decision, WEBR asserts that a [F.R. Doc. 65-7227; Filed, July 8, 1965; and to establish by evidentiary proof the standard financial issue must be added 8:49 a.m.] basis for such estimates. The Panel ma­ against Ultravision in the Buffalo pro­ ceeding. jority further concluded that a realistic 5. We are authorized by statute* to [Docket No. 15254 etc.; FCC 65-581] estimate of construction costs and oper­ ating expenses is also essential and re­ determine whether an applicant for. a ULTRAVISION BROADCASTING quired that each applicant disclose all broadcast facility has sufficient funds to CO. ET AL. factors which were considered in com­ construct the station and to commence puting such costs and expenses. The operation, and in making that determi­ Memorandum Opinion and Order issues in each proceeding were therefore nation we must take into consideration Amending Issues any factors which are peculiar to a given enlarged to include the following: situation or to any change of circum­ In re applications of Florian R. Bur- (a) To determine the basis of each stances which call for a revision of our czynski, Stanley J*. Jasinski, and Roger applicants (1) estimated construction existing standards, in these proceed­ K. Lund, doing business as Ultravision costs, (2) estimated operating expenses ings we believe there is cause for concern Broadcasting Co., Buffalo, N.Y., Docket for the first year of operation (or for a lest we permit a repetition of the earlier No. 15254, File No. BPCT-3200; WEBR, 3-year period, if desired), and (3) esti­ history of UHF failures which could Inc., Buffalo, N.Y., Docket No. 15255, mated annual revenues projected over seriously prejudice our goal for the ex­ File No. BPCT-3211; for construction a 3-year period; and panded use of the UHF band. Station permits for new television broadcast sta­ (b) To determine, in light of the evi­ failures will result not only in a private tions; The Superior Broadcasting Corp., dence adduced, which of the applicants, detriment, but also in a public detriment Cleveland, Ohio, Docket No. 15250, File if any, has demonstrated a reasonable in that applicants who may have the fi­ No. BPCT-3243; for a construction per­ likelihood of construction and continu­ nancial ability to operate a station on a mit for a new television broadcast ing operation of its proposed station in continuing basis will be discouraged from station; integrated Communication Sys­ the public interest. seeking permits for such facilities. tems, Inc. of Massachusetts; Boston, 3. Ultravision and Superior object to However, we also believe that there is Mass., Docket Na. 15323, File No. BPCT- the additional issues. The principal merit to the concern of petitioners that 3167; for a construction permit for a new arguments advanced are that the issues the task of projecting estimated annual television broadcast station. . u< - s improperly delve into financial success revenues over a 3-year period and dem­ 1. By petitions filed on April 1, 1965, rather than financial qualifications onstrating, in every instance, the basis Florian R. Burczynski, Stanley J. Jasin­ which is the test prescribed by section for such estimates may place a heavy ski, and Roger K. Lund, doing business 308 (b> of the Communications Act; that burden on applicants. Before discussing as Ultravision Broadcasting Co. and The the information required by the Panel this aspect of the case, we shall first Superior Broadcasting Cbrp. seek review majority consists of intangible factors consider the objections to the require­ by the full Commission of the Memoran­ which would be difficult if not impossible ment that evidentiary proof be submitted dum Opinion and Order, FCC 65M-282, of proof in an adjudicatory proceeding; to support estimated construction costs released March 12,1965, by a Panel of the and operating expenses. Commission.1 Responsive pleadings filed that obtaining the said information will 6. As stated by the Panel, a determi­ on April 21,1965, consist of an opposition place an intolerable burden upon the ap­ nation as to whether there exists a rea­ by WEBR, Inc., and comments by the plicants with no concomitant public in­ sonable likelihood of a continuing opera­ Broadcast Bureau;1 A reply to opposi­ terest value; that the issues favor the tion must rest on a realistic estimate oi tions was filed by Ultravision on May 3, wealthy applicant over the one with more construction costs and operating ex­ 1965. , limited resources; and that the new fi- penses. Applicants for broadcast sta­ 2. These cases relate to applications , nancial standards adopted represent anr tions are expected to plan carefully their for UHF television stations in Buffalo, ' unwarranted departure from Commis­ programing and other operations, we N.Y.; Cleveland, Ohio; and Boston, sion precedent, and they are inconsistent see no reason why the parties hereto Mass.2 In each community, three com- with the policy of encouraging the devel­ should encounter any particular difficulty in submitting evidentiary proof i The Panel consisted of Commissioners opment of UHF. The Broadcast Bureau ing the amounts allocated for staffing, Bartley, Lee, and Cox. Commissioner Lee dis- reiterates its proposal, rejected by the programing, fixed charges, and o sented and issued a statement. Panel, that the applicants demonstrate expenses during the first year of OP6^ ' a The request of Cleveland Telecasting their ability to meet all fixed costs during Corp. for dismissal of its application for the tion; and to establish that the funds al­ Cleveland UHF facility was granted by Order the first year of operation in addition to located for programing are reasonably of the Examiner, FCC 65M—452, released the Showing of sufficient funds for con­ likely to suffice for effectuation of pro­ Apr. 14, 1965. By Order, FCC 65R-195, re­ struction and operation for a period of gram proposals. We agree with leased June 2,1965, the Review Beard granted 3 months without revenue. thé petition of United Artists Broadcasting, 4. In its opposition, WEBR states that . »Section 308(b) of the Communications Tim:, for dismissal of its application in the Act of 1934, as amended. Boston proceeding. petitioners rely entirely on arguments Friday, July 9, 1965 FEDERAL REGISTER 8735 Panel’s determination to enlarge the is­ the necessary information in every case (a) To determine the basis of each ap­ sues to permit inquiry into the basis pi where, as a practical matter, the infor­ plicant’s (1) estimated construction costs each applicant’s estimated construction mation would be relevant. and (2) estimated operating expenses for costs and estimated operating expenses 10. Our reexamination of the test to the first year of operation; during the first year of operation, be applied in determining the financial (b) In the event that the applicant 7. With respect to the production of qualifications of applicants for: broad­ will depend upon operating revenues dur­ evidentiary proof concerning the basis cast facilities was prompted by. our con­ ing the first year of operation to meet for estimated revenues, it appears that cern as to whether there existed a rea­ fixed costs and operating expenses, to some modification of the -issues added sonable likelihood of a continuing opera­ determine the basis of each such appli­ by the Panel is advisable. First, we be­ tion in the public interest where a UHF cant’s estimated revenues for the first lieve that a projection of estimated rev­ applicant seeks to enter a three-VHF year of operation; and enues for the first year of operation station market. However, we see no rea­ (c) To determine, in light of the evi­ will suffice for our purposes. The con­ son to confine the new standard adopted dence adduced, which of the applicants, tinued operation of ti^e proposed station herein to such situations. A continuing if any, has demonstrated a reasonable after the first year may depend upon the operation is a vital public interest factor likelihood of construction and continu­ licensee’s ingenuity or business acumen, in the case of applications for other ing operation of its proposed station in the attractiveness of its programing, or commercial broadcast facilities as well. the public interest. * upon numerous other factors which are For this reason we shall hereafter re­ It is further ordered, That each of the difficult to assess. If there is established quire all applicants for commercial parties to these proceedings is granted a a reasonable assurance that the appli­ broadcast facilities, whether AM, FM, period of 60 days from the date of release cant possesses the financial capability to VHF-TV, or UHF-TV, to demonstrate of this Memorandum Opinion and Or­ operate for a year, the possibility that a their financial ability to operate for a der within which to amend its estimates failure will thereafter occur is sufficient­ period of 1 year after construction of the of anticipated revenues and operating ly reduced so that our objective to ob­ station. In those instances where oper­ expenses for the first year of operation, tain an applicant which is likely to pro­ ation during the first year is dependent and to revise its proposals as to hours of vide service on a continuing basis will upon estimated advertising revenues, the broadcast or program content, and that essentially be accomplished. applicants will be required to establish the Examiner is authorized to allow an 8. Secondly, we conclude that an ap­ the validity of the estimate, additional 30 days within which to make plicant should be permitted to demon­ 11. We do not believe that any undue the aforesaid amendments. strate its ability to meet all fixed charges hardship will result to the applicants It is further ordered, That our Order and operating expenses during the first required to provide evidentiary showings FCC 65-298, released April 14,1965, stay­ year of operation either by proof that in support of estimated revenues. Ap­ ing the proceedings insofar as they relate adequate funds are available and com­ plicants are expected to act in good faith to the financial issues is vacated/'" mitted to the proposed station for this in submitting information to the Com­ purpose without income,- or by a con­ mission, and to submit estimates which Released: July 2, 1965. vincing evidentiary showing that the reflect their best judgment. All that is F ederal Communications available and committed funds will be being requested here is that applicants , Com m ission, supplemented by sufficient advertising or explain the basis for their expressed [seal] B en F. W aple, other revenue to enable the applicant to judgment concerning anticipated reve­ Secretary. discharge its financial obligations during nues where such revenues are crucial to [F.R. Doc. 65-7228; Filed, July 8, 1965; the first year. With respect to the appli­ a continuing operation. The fact that 8:49 aon.] cant which demonstrates that it pos­ applicants may be put to some expense sesses the financial resources to operate or inconvenience to provide this essen­ for a year without income, the estimate tial information cannot be permitted to [Docket Nos. 16085, 16086; FOC 65-570] of anticipated revenue has only limited become a determinative factor in view of significance and we believe we are justi­ the very significant public interest con­ VICTOR MANAGEMENT QO., AND fied in accepting the available assets as sideration that applicants be chosen who JA CKSO N V ILLE BROADCASTING adequate proof that the applicant is have a reasonable likelihood of provid­ CO., INC. financially qualified to receive a grant. ing service to the public on a continuing Where, however, viability of the pro­ basis.* Order Designating Applications for posed facility during the first year is 12. We realize, of course, that the views Consolidated Hearing on Stated dependent upon income, the accuracy expressed herein represent a departure Issues of the estimate becomes a critical factor from the policy concerning the stand­ in determining whether a continuing In re applications of Victor Manage­ ard of financial qualifications applied ment Co., Inc,, Little Rock, Ark., Docket operation is likely. In such cases, we in the past. For this reason, we believe deem it to be essential that the applicant No. 16085, File No. BPH—4647; requests: that applicants should be afforded an 95.7 me., No. 239; 26.4 kw.; 297.5 ft.; demonstrate the soundness of the figure opportunity to amend their applications submitted. Only if the factors which Jacksonville Broadcasting Co., Ine., to the extent outlined by the Panel, The Jacksonville, Ark., Docket No. 16086, File were considered in arriving at the esti­ time within which such amendments mate are fully disclosed will we be able No. BPH-4839; requests: 95.7 me., No. may be made will start to run from the 239; 25 kw,; 200 ft.; for construction to judge whether the figure is realistic date of release of this Memorandum and whether it has a sufficient founda­ permits. Opinion and Order. v At a session of the Federal Communi­ tion in fact. Accordingly, it is ordered, This 30th , We wish to emphasize, however, cations Commission held at its offices in day of June 1965, that the petition of Washington, D.C., on the 30th day of that where an applicant is able to Ultravision Broadcasting Co. and The demonstrate the financial ability to meet June 1965; Superior Broadcasting Corp. for review The Commission having under consid­ costs and expenses during the first year of the Panel’s Memorandum Opinion and ^ “tmt income only because the first eration the above-captioned and de­ Order, FCC 65M-282, released March 12, scribed applications; monthly or quarterly installment pay­ 1965, are granted to the extent reflected ments for equipment or other fixed It appearing that, except as indicated herein, and are otherwise denied ; ' by the issues specified below, each of the "■larges have, by agreement with the It is further ordered, That the finan­ manufacturers or supplier, been deferred applicants is legally, technically, finan­ cial issues added in each of the three cially, and otherwise qualified to con­ ^ a t period, we will scrutinize proceedings enumerated above by the struct and operate as proposed; and ltn care the applicant’s itemization of Panel are modified as follows : Jv.nses* Our Purpose in requiring sup- It further appearing, that the above- *or estimated revenues is captioned applications are mutually ex­ ro enable us to make an informed judg- * Although neither applicant in the Boston clusive in that operation by the ent as to whether a continuing opera- case objected to the enlargement of issues by applicants as proposed would result in the Panel, we believe that the same standard mutually destructive- interference; and won in the public interest is likely, and should be applied in the three proceedings It further appearing, that, since the expect applicants to provide us with under consideration. Victor Management Co., Inc., proposal 8736 NOTICES specifies Littie Rock, Ark., and the Jack­ 5. To determine, in the light of the Each national bank and each bank in sonville Broadcasting Co,, Inc. proposal evidence adduced pursuant to the fore­ the District of Columbia shall make its specifies Jacksonville, Ark. (as permitted going issues, which iff the applications original report of condition on Office of by t!pe “25-mile” rule), it is necessary to should be granted. the Comptroller Form, Call No. 454,1 and determine, pursuant to section 307(b) It is further ordered; That the Fed­ shall send the same to the Comptroller which of the proposals would better pro­ eral Aviation Agency is made a party to of the Currency, and shall send a signed vide a fair, efficient, and equitable dis­ the proceeding. ^ and attested copy thereof to the Federal tribution of radio service;,and It is further ordered, That in the event Dèposit Insurance Corporation. Each It further appearing that it has not Victor Management Go., Inc., does not insured State bank which is a member been determined whether the antenna amend its programing proposal to of the. Federal Reserve System, except a proposed“ by Jacksonville Broadcasting achieve compliance with the require­ bank in the District of Columbia, shall Co., Inc.', will constitute a hazard to air ments Of § 73.242 of the rules but instead make its original report of condition on navigation; arid requests an exemption from these pro­ Federal Reserve Form 105, Call 176,1 and It further appearing that Victor Man­ visions, the Examiner is hereby" author­ shall send the same to the Federal Re­ agement Co., Inc., proposes to duplicate ized to add an issue to determine serve Bank of the district wherein the the entire programing of its daytime-only whether circumstances exist which bank is located, and shall send a signed AM station, ty!uch, after the October 15, would warrant such exemption. and attested copy thereof to the Federal 1965, effective date, would not be in com­ It is further ordered, That, to avail Deposit Insurance Corporation. Each pliance with the provisions of § 73.242 themselves of the opportunity to ‘ be insured State bank not a member of the,, of the rules which limits such duplication heard, the applicants and party respond­ Federal Reserve System, except a bank in ent herein, pursuant to § 1.221(c) of the the District of Columbia and a mutual to 50 percent of the weekly hours broad­ savings bank, shall make its original re­ cast; that under these circumstances, Commission’s rules, in person or by at­ torney, shall, within 20 days of the mail­ port of coridition on FDIC Form 64, Call Victor will be afforded 30 days Within No. 72,1 and shall send the same to the which to amend its application to achieve ing of this order, file with the Commission in triplicate, a written ap­ Federal Deposit Insurance Corporation. compliance with the above rule or in the The original report of condition re­ alternative, to request an exemption pearance stating an intention to appear on the date fixed for the hearing and quired to be furnished hereunder to the from its provisions; and . present evidence on the issues specified Comptroller of the Currency and the It further appearing, that, jn view of copy thereof required to be furnished the foregoing, the Commission is unable, in this order. It is further ordered That the appli­ to the Federal Deposit Insurance Cor­ to make the statutory finding that a cants herein shall, pursuant to section poration shall be prepared in accordance grant of the subject applications would with “Instructions for preparation of serve the public interest, convenience, 311(a) (2) of the Communications Act of 1934, as amended, and § 1.594 of the reports of condition by National Bank­ and necessity, and is of the opinion that Commission’s rules, give notice of the ing Associations,” dated January 1961, the applications must be designated for hearing, either individually or, if feasible and any amendments thereto;1 The hearing in a consolidated proceeding on and consistent with the rules, jointly, original report of condition required to the issues set forth below. within the time and in the manner pre­ be furnished hereunder to the Federal It is ordered, That pursuant to section scribed in Such rule, and shall advise the Reserve Bank of the district wherein the 309(e) of the Communications Act of Commission of the publication of such bank is located and the copy thereof 1934, as amended, the applications are notice as required by § 1.594(g) of the required to be furnished to the Federal designated for hearing in a consolidated rules. Deposit insurance Corporation shall be proceeding, a t a time and- place to be It is further ordered That the issues prepared in accordance with “Instruc­ specified in a subsequent order, upon the in the above-captioned proceeding may tions for the preparation of reports of following issues: be enlarged by the Examiner, on his own condition by State member banks of the 1. To determine the area and popula­ motion or on petition properly filed by a Federal Reserve System,” dated Febru­ tion within each of the proposed 1 mv/m party to the proceeding, and upon suf­ ary 1961/ The original report of con­ contours and the availability of other PM ficient allegations of fact in support dition required to be furnished here­ service (at least 1 mv/m) to such areas thereof, by the addition of the follow­ under to the Federal Deposit insurance and populations. . . ing issue:. To determine whether the Corporation shall be prepared in accord­ 2. To determine whether there is a funds available to the applicant will give ance with “Instructions for the prepara­ reasonable possibility that the tower reasonable assurance that the proposals tion of reports of condition on Form 64, height and location proposed by Jack­ set forth in the application will be ef­ by insured State banku not members of sonville Broadcasting Co., Inc., would fectuated. the Federal Reserve System,” dated Jan­ constitute a menace to air navigation. uary 1961/ . 3. To determine, in the light of section Released: July 6,1965. Each insured mutual savings bank nos 307(b) of the Communications Act of F ederal Communications a member of the Federal Reserve Sys­ 1934, as amended, which of the proposals Com m ission, tem shall make its original report or would better provide a fair, efficient, and £seal] B en F . W aple, condition on FDIC Form 64 (savings), equitable distribution of radio service. Secretary. prepared in accordance with “Instruc­ 4. To determine, in the event it is con­ [FJft: Doc." 65-7229; Filed, July 8, 1965; tions. for the preparation of report 01 cluded that a choice between the appli­ 8:49 a.m.] condition on. Form 64 (savings) and cations should not be based solely on report of income and Dividends on Form considerations relating to section 307(b), 73 (savings) by mutual savings banks, which of the operations proposed in the dated December 1962/ and shall send the above-captioned applications would bet­ FEDERAL DEPOSIT INSURANCE same to the Federal Deposit Insurance ter serve the public interest, in light of Corporation. the evidence adduced pursuant to the CORPORATION K . A. R andall, foregoing issues and the record made INSURED BANKS Chairman, Federal with respect to the significant, differ­ Deposit Insurance Corporation. ences between the applicants as to: Joint Call for Repprt of Condition (a) The background and experience J ames J. S axon, Pursuant to the provisions of section Comptroller of the Currency. of each having a bearing on the a p p l i ­ 7(a) (3) of the Federal Deposit Insurance cant's .ability to own and operate the PM Act each insured bank is required to make J. L. R obertson, station as proposed. " 0 " • a report of condition as of the close jof Acting Chairman, Board of (b) The proposals of each of the ap­ business June 30,1965, to the appropriate Governors of the Federal plicants with respect to management agency designated herein; within 10 days Reserve System. and operation of the PM broadcast sta­ after notice that such report shall be tion as proposed. A made: Provided, That if such reporting [PR. Doc. 65-7202; Piled, July 8, 1966, e consolidated with FM< Agents days after their adoption by the Conference. N°\_65~6 for purposes of investi gation and hearing; By order dated November 2, 1959, the Under Article E of the Trans-Atlantic Commission instituted an investigation Passenger Steamship Conference, Agree­ vIL farther ordered, That the Fa and hearing to determine whether ment 120, a new subparagraph 9 shall be i r S ? ^ rence and its member lines a Agreement No. 120, Trans-Atlantic Pas­ added to paragraph C thereof in the fol­ dicated in the Appendix attached be senger Steamship Conference, and lowing language: M ss NOTICC5

The Trans-Atlantic Passenger Steamship '¿an Stock Exchange, jftirimant to prb'- with the Securities and Exchange Com­ Conference shall furnish copies of any stand­ visions of the Securities Exchange Act of mission pursuant to section 12(f) (1) (B) ards and/or administrative rules and any 1934; and of the Securities Exchange Act of 1934 revisions thereto to the Commission and to v It appearing to tins Securities and Ex­ and Rule 12f-l thereunder, for unlisted other interested parties, within twenty (20) change; Commission that the summary trading privileges in the common stock days after their adoption by the Conference. suspension of trading in such securities of the following company, which secu­ It is further ordered, That additional on such Exchanges and otherwise than rity- is listed and'registered on one or language be added to that set forth in the on a national securities exchange is re­ more other national securities ex­ First Supplemental Order for Article 3(e) quired in the public, interest and for the changes: Maryland Cup Corp., Pile

CUMULATIVE LIST OF CFR PARTS AFFECTED— JULY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during July. Page 3 CFR Page 9 CFR—Continued Page 3 6 CFR — — — 8519 P roclamations : P roposed R u l e s: 2 2 1 ______3659 ______8383 78______8525 201______—— 8542 3 8 CFR 3660 ______8507 ______8607 3661 ______8663 12 CFR —__ 8475 E xecutive Orders: P roposed R u l e s: 10530 (superseded in part by 545___-______8542-8544, 86983 9 CFR EO 11230)______8447 561______8698 1__ ___ 8620 10559 (superseded by EO 563______8543, 8699 13------___ 8476 11230)______8447 16_ — —______—- __ 8477 10759 (superseded by EO 14 CFR 22------___ 8588 11230)______8447 21______8464 24______— 8477 10766 (superseded by EO 23 ______t______-______8467 4 7 ______8620 11230)______8447 25 ______- _ 846748______HSf___ 8620 10790 (superseded by EO 39 ______8407, 8469, 8607 56______■ ____ 8620 11230)______8447 61 8515 62______8620 10836 (superseded by EO 71______—...... 8470, 8620 11230)______—----- 8447 8471, 8567, 8568, 8607, 8608, 8676 151______10889 (superseded by EO 73 8472, 8608 41 CFR 11230)______— 8447 75 __ — ...... 8471, 8608 1 15______H _ 8482 10903 (superseded in part by 91— ______- 8472, 8516 5B-7------8410 EO 11230)______8447 93_____ 8568 9-10-______8681 10960 (superseded by EO 97______1______8609 9 30______- 8682 11230)___ ^______8447 121______l______8568 9 56 ______■■ 8482 10970 (superseded in, part by 163______8676 11 2— ______8519 EO 11230)______8447 303______8473 11 7______8519 11012 (superseded in part by P roposed R u l e s: 101 18— ______. 8520 EO 11230)______8447 39______8413, 101 35______, . 8523 11116 (superseded in part by 8414,8487, 8488, 8687,8688 EO 11230) —______8447 71______8489- 4 3 CFR 11164 (superseded by EO 8491, 8589, 8590, 8634-8637, 8689, 3610______— 8481 11230)______8447 8690. 9230------,___ 8411 11184 (superseded by EO 73______8590, 8638 P ublic Land Orders: 11230)______8447 233______-______8487 3662 (corrected)------V -' . . 8524 11230______— 8447 8411 11231 ______8665 15 CFR 3707______9_____ 8432 P roposed R u l e s: 7 CFR 5>5>an ______8413 6_...... — 8623 16 CFR 3120------____ 8484 51______8459 P roposed R u l e s: 3130 — 8484 201______8460 303______- ______8491 3140 ____ 8484 362______8509 3150 ______8484 722______8461 17 CFR 3160 ______8484 P roposed R u l e s : 3180 ______. _ 8484 728______8565,8667 230____ 8638 755______8669 3220 __ 8484 777 ______8385 249______8639, 8642 3320 _____ — 8484 ___ 8509 778 ______21 CFR 47 CFR 813______8461 46______8626 — 8677 908______8511 121______8474, 8572, 8627 _ 8678 910______8511 24 CFR 73 8680,8681 917______8387-8390 8678 946—___U______8511 1600______- ______8677 87 ___ 8566 P roposed R ules : 1136______26 CFR _ 8691 1138______8391 1______I 8573, 8628 0. ___ 8457 2i—:::::: :: ___:______8590,8691 1400______301___ ——___ 8584 8692 1421______8673 701______8517 31 1427____— 8451,8673 73—II I —I—II ______8491, 8692 1446______8401 29 CFR 74 8590 1464______— 8512 516______8585 oá---——------_ 8696, __ g6918697 P roposed R ules 551______8585 724______„ — 8630 1601 ___ 8407 9 iíllililí—III-IIIII____ 8590 Ch. IX______8684 1602 ______8409 922______8525 49 CFR 1135______8525 32 CFR 71-79___ 8588 1137______8525 90______8518 95______8523 1811______8410 9 CFR 32A CFR 50 CFR 74_ 8566 32_ 8411, 8482,8483,8628,8682,8683 78_I______8463 OIA (Ch. X ): _ 8412,8683 OI Reg. 1______8475 33------412 201______8513 255 316 ______- 8673-8675 317 ______- ______8673 33 CFR P roposed R u l e s: 8630 318 ______8463, 8673, 8674 100—______.______8518 32 _____ 8630 340______8675 207______- ______8410 33 ______

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.Latest Edition in the series of . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES Jo h n F . K e n n e Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- Noy ember 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs io o 7 Pages Price: $9.00 and the events of history, historians, librarians, and Government officials.

VOLUMES of PUBLIC PAPERS of th e PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to the Congress 1945------______$5.50 1947------$5.25 1946______$6.00 1948 ______$9.75 • Public speeches \ 1949------____ _ $6.75 • The President’s news conferences EISENHOWER: DWIGHT D. • Radio and television reports to the 1953------______$6.75 1957______$6.75 American people 1954______$7.25 1958______$8.25 1955______$6.75 1959------$7.00 • Remarks to informal groups 1956______$7.25 1960-61______$7.75 • Public letters JOHN F. KENNEDY: 1961-______$9.00 1962______$9.00 1963-______$9.00 Order from th e : Superintendent of Documents Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402