Quick viewing(Text Mode)

Federal Register Volume 34

Federal Register Volume 34

FEDERAL REGISTER VOLUME 34 . NUMBER 103 Thursday, May 29,1969 • Washington, D.C. Pages 8269-8344

Agencies in this issue— Agricultural Stabilization and Conservation Service Atomic Energy Commission Commerce Department Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Foreign Assets Control Office General Services Administration Hazardous Materials Regulations Board Housing and Urban Development Department Interagency Textile Administrative Committee Interstate Commerce Commission Land Management Bureau Rural Electrification Administration Securities and Exchange Commission Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1969)

Title 14—Aeronautics and Space (Parts 60-199) (R evised)______$2. 50

Title 46—Shipping (Part 200-End) (Revised)______3.00

[A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title i]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

jS ' l*»~l Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FERERALÄREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail address National Area Code 202 193* Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, W ashington, D.C. 20402. T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, W ashington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code of F ederal R egulations. Conteìits

AGRICULTURAL STABILIZATION Proposed Rule Making FOREIGN ASSETS CONTROL AND CONSERVATION SERVICE Federal airway segments; alter­ OFFICE ation ______:______8300 Rules and Regulations Notices Sugar, mainland cane sugar area; Chinese type foodstuffs; importa­ approved local areas for 1968 FEDERAL COMMUNICATIONS tion directly from Taiwan crop______8289 COMMISSION (Formosa) ; available certifi­ Notices Rul es and Regulations cations ______8301 Sugar, mainland cane sugar area; Radio broadcast services; table of GENERAL SERVICES 1970 crop proportionate shares. 8301 assignments: Glasgow, Ky., and Columbia, ADMINISTRATION AGRICULTURE DEPARTMENT S.C______8296 Rules and Regulations See Agricultural Stabilization and Rockford, Mendota, and Peru, Public buildings and space; avail­ Conservation Service; Commod­ 111 ______8295 ability of suitable housing a fac­ ity Credit Corporation; Con­ Notices tor in locating Federal facilities. 8273 sumer and Marketing Service; Hearings, etc: Rural Electrification Adminis­ Christian Broadcasting Associa­ HAZARDOUS MATERIALS tration, tion, Inc., and K & M Broad­ REGULATIONS BOARD casting Co______8305 ATOMIC ENERGY COMMISSION Virginia Broadcasters et al___ 8307 Proposed Rule Making Notices New specification 8BW cylinder for acetylene; extension of time. 8300 State of North Dakota; proposed FEDERAL POWER COMMISSION agreement for assumption of certain AEC regulatory author­ Notices HEALTH, EDUCATION, AND ity ______8309 Hearings, etc.: WELFARE DEPARTMENT Black Hills Power and Light Co_ 8317 See Food and Drug Administra­ COMMERCE DEPARTMENT El Paso Natural Gas Co______8317 tion. Notices Power and Light Co_____ 8317 Michigan Wisconsin Pipe Line HOUSING AND URBAN Office of Foreign Direct Invest­ C o ______8318 ments; organization and func­ Star Gas Co. et al__ . ______8312 DEVELOPMENT DEPARTMENT tions ______8303 Notices COMMODITY CREDIT FEDERAL RESERVE SYSTEM Redélegations of authority; rev­ ocations: CORPORATION Notices Director, Low-Income Housing Rules and Regulations First National Charter Corp.; ap­ Demonstration Program____ 8304 Rye; 1969-crop loan and purchase plication for approval of ac­ Director, Urban Planning Re­ program ______!______8290 quisition of shares of banks___ 8318 search • and Demonstration P ro g ram ______8305 CONSUMER AND MARKETING Director, Urban Renewal Dem­ FEDERAL TRADE COMMISSION onstration Program______8304 SERVICE Rules and Regulations Rules and Regulations Guides for advertising allowances INTERAGENCY TEXTILE Oranges, Valencia, grown in Ari­ and other merchandising pay- ADMINISTRATIVE COMMITTEE zona and California; handling ments and services______8285 Notices limitation ____ ;______8290 Prohibited trade practices: Brand & Puritz et al______8283 Certain cotton textiles and prod­ CUSTOMS BUREAU Goldline Fashions, Inc., et al_ 8284 ucts produced or manufactured Rules and Regulations in Malaysia; entry or with­ drawal from warehouse for con­ Countervailing duties; sugar con­ FISH AND WILDLIFE SERVICE sumption ------8319 tent of certain. articles from Australia; correction______8273 Rules and Regulations INTERIOR DEPARTMENT Eastern Pacific yellowfin tuna FEDERAL AVIATION See Fish and Wildlife Service; fisheries; restrictions applicable Land Management Bureau. ADMINISTRATION to fishing vessels______8299 Whaling; fin and sei whale quotas INTERSTATE COMMERCE Rules and Regulations for North Pacific. ______8298 Airworthiness directives: COMMISSION Avions Marcel Dassault air­ planes _____ 8273 FOOD AND DRUG Notices Slingsby gliders______8274 ADMINISTRATION Fourth section applications for re­ Alterations: lief ------8342 Control zone and transition Notices Motor carrier, broker, water car­ a rea------8274 Drugs for veterinary use; efficacy rier, and freight forwarder ap­ Transition area______8274 study implementation: plications ------8325 Control zone; redesignation____ 8274 Mercaptocaine Creme______8304 Motor carriers: Standard instrument approach Novobiocin for use in chicken Temporary authority applica­ procedures; miscellaneous and turkey feed______8303 tions ------8340 amendments (2 documents)__ 8275, Sterwin Laboratories, Inc.; food Transfer proceedings. ______8341 8283 additive petition______8304 (Continued on next page) 8271 8272 CONTENTS

LABOR DEPARTMENT SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT See Wage and Hour Division. COMMISSION See Federal Aviation Administra­ tion; Hazardous Materials Reg­ LAND MANAGEMENT BUREAU Notices « ulations Board. Hearings, etc.: Rules and Regulations BSP Co______8319 Oregon; public land order; reser­ Capitol Holding Corp------8319 TREASURY DEPARTMENT vation for constructed forest Eaton & Howard Balanced See Customs Bureau; Foreign As­ service road; correction------8283 Fluid ______8319 sets Control Office. Notices Telstar, Inc______8320 Top Notch Uranium and Mining California; partial termination of C o rp ______8320 WAGE AND HOUR DIVISION proposed withdrawal and reser­ United Australian Oil, Inc____ 8320 vation of lands______8301 Notices TARIFF COMMISSION Certificates authorizing employ­ RURAL ELECTRIFICATION ment of full-time students ADMINISTRATION Notices working outside of school hours Investigations and hearings: at special minimum wages in Notices Freeze dried coffee______8320 retail or service establishments Organization and functions------8301 Tractor parts-______8321 or in agriculture______8321

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

7 CFR 16 CFR 47 CFR 845 ______8289 13 (2 documents)______8283, 8284 73 (2 documents)______8295, 8296 908 ___ 8290 240 ______8285 1421 ______8290 49 CFR 19 CFR P roposed R ules: 14 CFR 1 6 ______^_____ 8273 173_____ 8300 39 (2 documents)______8273, 8274 178______8300 71 (3 documents)______8274 41 CFR « 97 (2 documents)______8275, 8283 101-17______8273 50 CFR 101-18______8273 P roposed R ules: 230 ______8298 7 1 ____ 8300 43 CFR 280 ___ 8299 P ublic Land Order: 4598 (corrected)______8283 8273 Rules and Regulations

§ 101—17.102 Basic policy. to the engine main fuel control unit on Title 19— CUSTOMS DUTIES • * * * * certain Avions Marcel Dassault airplanes Chapter I— Bureau of Customs, (h) In selecting sites for public build­ has collapsed. Collapse of these hoses ings in urban centers, GSA will avoid lo­ will cause an improper response to power Department of the Treasury cations which will work a hardship on lever movement and can result in a seri­ [T.D. 60-96] employees because (1) there is a lack of ous thrust loss at certain altitudes. In view of the serious consequences of such PART 16— LIQUIDATION OF DUTIES adequate housing for low and middle in­ come employees within a reasonable a failure and since this condition is likely Countervailing Duties; Sugar Content proximity and (2) the location is not to exist or develop in other aircraft of readily accessible from other areas of the same type design, an airworthiness of Certain Articles From Australia; directive is being issued to require inspec­ Correction the urban center. tion of the existing aspirator hoses, and May 22, 1969. replacement if necessary. In P.R. Doc. 69-4307, which was pub­ PART 101-18— ACQUISITION OF Since a situation exists that requires lished in the F ed e r a l R e g is t e r of April REAL PROPERTY immediate adoption of this regulation, it 12, 1969 (34 F.R. 6418), a line was inad­ is found that notice and public proce­ vertently omitted from the first para­ Subpart 101—18.1— Acquisition by dure hereon are impracticable and good graph. The first paragraph is hereby Lease cause exists for making this amendment corrected to read: effective in less than 30 days. The Treasury Department is in receipt J S t e c t i o n 101-18.102 is amended by In consideration of the foregoing, and of official information that the rates of adding a new paragraph (d) to read as pursuant to the authority delegated to me bounties or grants paid or bestowed by follows: by the Administrator (14 CFR 11.89), the Australian Government within the meaning of section 303, Tariff Act of § 101—18.102 Basic policy. § 39.13 of Part 39 of the Federal Aviation 1930 (19 U.S.C. 1303), on the exportation * * * * ' * Regulations is amended by adding the during the month of March 1969, of ap­ (d) GSA will avoid locations whichfollowing new airworthiness directive: proved fruit products and other approved will work a hardship on employees be- Avions Marcel D assault. Applies to all Fan products containing sugar amounts to cause (1) there is a lack of adequate Jet Falcon and Fan Jet Falcon Series Australian $88.40 per 2,240 pounds of housing for low and middle income em­ D airplanes. sugar content. Compliance required as indicated unless ployees within a reasonable proximity already accomplished. [ s e a l ] L e s t e r D. J o h n s o n , and (2) the location is not readily ac­ To prevent a power loss resulting from Commissioner of Customs. defective T2 aspirator hoses, accomplish the cessible from^other areas of the urban fo llo w in g : [P.R. Doc. 60-6393; Plied, May 28, 1969; center. 8 :4 8 a.m .] (a) Within the next 10 hours’ time in (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) service after the effective date of this AD, and thereafter at intervals not to exceed 75 h o u r s ’ Effective date. This regulation is ef­ time in service from the date of the last Title 41— PUBLIC C9NTRACTS fective upon publication in the F ederal inspection, visually inspect the T2 aspirator R e g is t e r . hose, P/N MY 20 510.001 or P/N MY 20 510.001A, in each nacelle to see if the hose is AND PROPERTY MANAGEMENT Dated: May 23,1969. collapsed, if the fabric is loose from the hose coil, or if the hose is twisted. R o b e r t L . K u n z ig , Chapter 101—-Federal Property (b) If during the inspection required in Management Regulations Administrator of General Services. paragraph (a) either hose is found to be defective, before further flight, replace the SUBCHAPTER D— PUBLIC BUILDINGS AND SPACE [P.R. Doc. 69-6354; Piled, May 28, 1969; 8 :4 5 a.m .] defective hose with a new hose of the same AVAILABILITY OF SUITABLE HOUS­ part number, or with either hose P/N MY 20 ING A FACTOR IN LOCATING 510.001/2 or hose P/N AWF 1.11.1.2.1. (c) The repetitive inspections required by FEDERAL FACILITIES. Title 14— AERDNAUTICS AND paragraph (a) may be discontinued after the Many suburban sections of urban cen­ installation of either hose P/N MY 20 510.- ters lack adequate housing for low and 001/2 or hose P/N AWF 1.11.1.2.1 on each SPACE nacelle, in accordance with Avions Marcel middle income Government employees Dassault Service Bulletin No. 374, Revision within a reasonable proximity of the Chapter I— Federal Aviation Admin­ 1, dated March 27, 1969, or later SGAC-ap- employees’ place of work. This works a istration, Department of Transpor­ proved revision or an FAA approved equiva­ hardship on these employees, particu­ le n t. tation larly when the section is not readily ac­ This amendment becomes effective cessible from other areas of the urban SUBCHAPTER C— AIRCRAFT June 2,1969. center. To preclude agency requests for [Docket No. 9615; Amdt. 39-770] locations in such sections, this revision (Secs. 313(a), 601, 603, Federal Aviation Act notifies agencies of the requirement for pa r t 39— AIRWORTHINESS of 1958, 49 U.S.C. 1354(a), 1421, 1423, sec. 601 adequate employee housing. (c), Department of Transportation Act 49 DIRECTIVES U.S.C. 1655(c)) PART 101-17— CONSTRUCTION AND Avions Marcel Dassault Fan Jet Falcon Issued in Washington, D.C., on May 20, ALTERATION OF PUBLIC BUILDINGS and Fan Jet Falcon Series D Air­ 1969. Subparf 101-17.1— General planes R. S. Sliff, Acting Director, Section 101-17.102 is amended by add­ There have been a number of cases re­ Flight Standards Service. ing a new paragraph (h) to read as ported where the T2 aspirator flexible [F.R. Doc. 69-6367; Piled, May 28, 1969; follows: hose connecting each nacelle air inlet 8:47 a.m .]

[FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8274 RULES AND REGULATIONS

[Docket No. 9617; Amdt. 30-771 ] Coast and Geodetic Survey. It is neces­ “168° radial," where it appears in the text sary to alter the control zone description and substituting “165° radial," therefor. PART 39— AIRWORTHINESS by appropriately inserting the geographic DIRECTIVES Issued in Los Angeles, Calif., on May coordinate for the airport. 20, 1969. Slingsby Model T.53.B Glider Since this amendment is editorial in Lynn L. H in k, nature, notice and public procedure Acting Director, Western Region. It has been determined that structural hereon are unnecessary and action is modifications are necessary in the region taken herein to alter the description In § 71.181 (34 F E . 4637) amend the of the fuselage center section on Slingsby accordingly. description of the Walla Walla, Wash., Model T.53.B Gliders. In view of the seri­ In consideration of the foregoing, Part transition area by deleting “* * *, ex­ ous consequences of such a structural 71 of the Federal Aviation Regulations is cluding the portion within the Pendle­ failure and since this condition is likely amended, effective 0901 G.m.t., July 24, ton, Oreg., transition area.” and substi­ to exist or develop in other products of- 1969, as hereinafter set forth. tute therefor “, * * * within 5 miles east the same type design, an airworthiness and 10 miles west of the Walla Walla directive (AD) is being issued to require In § 71.171 (34 F.R. 4557), the Ashe­ 165° radial, extending from the 19-mile modification of the center section of the ville, N.C., control zone is amended to radius area to the northeast edge of glider before further flight. read: V-298 and within 5 miles each side of Since a situation exists that requires Asheville, N.C. the Walla Walla 329° radial extending immediate adoption of this regulation, W ithin a 5-mile radius of Asheville Airport from the northwest edge of V-112 to the it is found that notice and public pro­ (lat. 35°26'05" N., long. 82°32'20" W.); southeast edge of V-112W, excluding the within 2 miles each side of Runway 16/34 ex­ cedure hereon are impracticable and good tended centerlines, extending from the 5-mlle portion within the Pendleton, Oreg., cause exists for making this amendment radius zone to the Broad River and Biltmore transition area.”. effective in less than 30 days. R B N ’s. [F.R. Doc. 69-6370; Filed, May 28, 1969; In consideration of the foregoing, and 8 :4 7 a .m .] pursuant to the authority delegated to In § 71.181 (34 F.R. 4637), the Ashe­ me by the Administrator (14 CFR 11.89), ville, N.C., transition area is amended to § 39.13 of Part 39 of the Federal Aviation read:' [Airspace Docket No. 69-SO-49] Asheville, N.C. Regulations is amended by adding the PART 71— DESIGNATION OF FEDERAL following new airworthiness directive: That airspace extending upward from 700 feet above the surface within 7 miles east AIRWAYS, CONTROLLED AIRSPACE, SLINGSBY: Applies to all Slingsby Model and west of the 160° and 340° bearings from AND REPORTING POINTS T.53.B Gliders. the Biltmore RBN, extending from 7 miles Before further flight after the effective date north of Biltmore RBN to 12 miles south of Redesignation of Control Zone of this AD, modify the fuselage center sec­ Broad River RBN; within 8 miles east and 5 tion structure in accordance with Slingsby miles wèst of the Asheville ILS localizer south The purpose of this amendment to Technical Instruction No. 39, dated March course, extending from Broad River RBN to Part 71 of the Federal Aviation Regula­ 1969, òr later ARB-approved issue or FAAr 12 miles south of the RBN; within 2 miles tions is to redesignate the Elizabeth City, approved equivalent. each side of the 339° bearing from Biltmore N.C., control zone. This amendment becomes effective RBN, extending from the RBN to 8 m ile s The Elizabeth City control zone is de­ June 2,1969. north of the RBN; within 2 miles each side scribed in § 71.171 (34 F.R. 4557) and is of the Asheville VORTAC 230° radial, extend­ (Secs. 313(a), 601, 603, Federal Aviation Act ing from the VORTAC to the Broad River presently effective 24 hours per day. Since of 1958, 40 U.S.C. 1354(a), 1421, 1423, sec. RBN. the Flight Service Station will begin 601(c), Department of Transportation Act, operating from 0700 to 2200 horn's, local 49 TJ.S.C. 1655(C )) (Sec. 307(a), Federal Aviation Act of 1958, 49 TJ.S.C. 1 3 4 8 (a ), sec. 6 (c), Department of time, daily, effective June 15, 1969, it is Issued in Washington, D.C., on May 22, Transportation Act, 49 U.S.C. 1655(c)) necessary to alter the description to re­ designate it as a part-time control zone. 1969. Issued in East Point, Ga., on May 19, R. S. Sliff, Since this amendment is less restric­ Acting Director, 1969. tive in nature and imposes no additional Flight Standards Service. G ordon A. W illiams, Jr., burden on the public, notice and public Acting Director, Southern Region. procedure hereon are unnecessary and [F.R. Doc. 69-6368; Filed, May 28, 1969; 8 :4 7 a .m .] [F.R. Doc. 69-6369; Filed, May 28, 1969; action is taken herein to amend the 8 :4 7 a m .] description accordingly. In consideration of the foregoing, Part SUBCHAPTER E— AIRSPACE [Airspace Docket No. 69-WE-10] 71 of the Federal Aviation Regulations is [Airspace Docket No. 69-SO-31] amended, effective 0901 G.m.t., June 15, PART 71— DESIGNATION OF FEDERAL pa rt 71— DESIGNATION OF FEDERAL 1969, as hereinafter set forth. m §71.171 (34 F.R. 4557), the Eliza­ AIRWAYS, CONTROLLED AIRSPACE, AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS beth City, N.C., control zone is redesig­ AND REPORTING POINTS nated as follows C Alteration of Transition Area Alteration of Control Zone and Elizabeth Cit y , N.C. Transition Area On April 19, 1969, F.R. Doc. 69-4677 W ithin a 5-mile radius of CGAS Elizabeth On April 15, 1969, a notice of proposed was published in the F ederal R egister City (lat. 36°15'35" N„ long. 76°10'20" W.); which altered the Walla Walla, Wash., within 2 miles each side of the Elizabeth rule making was published in the F ed­ transition area. Subsequent to the publi­ City VOR 195° radial, extending from the eral R egister (34 F.R. 6486), stating cation of this document it was deter­ 5-mile radius zone to 8 miles south of the that the Federal Aviation Administra­ mined that recently updated survey data VOR; within 2 miles each side of the Eliza­ tion was considering an amendment to beth City VOR 357° radial, extending from Part 71 of the Federal Aviation Regula­ required that a minor alteration to the the 5-mile radius zone to 8 miles north of tions that would alter the Asheville, contents be made. Action is taken herein the VOR. This control zone is effective from N.C., control zone and transition area. to effect this change. 0700 to 2200 hours, local time, dally. Interested persons were afforded an Since this change is minor in nature (Sec. 307(a), Federal Aviation Act of 1958, opportunity to participate in the rule 49 U.S.C. 1348(a), sec. 6 (c), Department of and imposes no additional burden on Transportation Act, 49 U.S.C. 1655(c)) making through the submission of com­ any person, notice and public procedure ments. All comments received were hereon are unnecessary and the effective Issued in East Point, Ga., on May 19, favorable. 1969. date as originally adopted may be Subsequent to publication of the no­ G ordon A. W illiams, Jr., tice, the geographic coordinate (lat. retained. Acting Director, Southern Region. 35°26'05" N., long. 82°32'20" W.) for In consideration of the foregoing F.R. [F.R. Doc. 69-6371; Filed, May 28, 1969; Asheville Airport was obtained from Doc. 69-4677 is amended by deleting 8 :4 7 a .m .]

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8275

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 9598; Arndt. 651] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: S tandard I n stru m en t Approach P rocedure—T y pe N D B (A D F ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL. Ceilings are In feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted irn accordance with a different procedure for Such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum ------2-engine, From— To— distance altitude Condition 66 knots More more than (feet) or less than 66 66 knots knots

Payette Int - . 6000 T-dn____ 300-1 300-1 200-JS C-dn...... 1100-1 1100-1 1100-1)4 A-dn*______1100-2 1100-2 1100-2

Procedure turn E side of crs, 140° Outbnd, 320° Inbnd, 4300' within 10 miles. Not authorized beyond 10 miles. Minimum altitude over facility on final approach crs, 3300'. Facility on airport. If visual contact not established upon descent to authorized landing mlnlmums or if landing not accomplished within 0 mile of ONO RBn, turn right, climb to 4300' on crs of 140 OUtbnd within 16 miles. •Alternate minimums authorized when Ontario weather is available. MSA: 000°-090°—7900'; 090°-180°—6500'; 180°-270°—8500'; 270°-360°—8500'. City, Ontario; State, Oreg.; Airport name, Ontario Municipal; Elev., 2189'; Fac. Class., MHW; Ident., ONO; Procedure No. N D B (ADF)-1, Arndt. 6; Efl. date, 19 June 69- Sup. Arndt. No. 6; Dated, 29 Aug. 64

Woodstown V O R ...... LOM...... — Direct...... 1700 T-dn_...... 300-1 300-1 200-J4 C-dn------800-2 800-2 800-2 S-dn-1______800-2 800-2 800-2 A -dn...... 800-2 800-2 800-2 If Stack Int received the following minimums apply: C-dn------600-1 600-1 50O-lk S-dn-1______600-1 600-1 600-1

Procedure turn W side of final approach crs, 194° Outbnd, 014° Inbnd, 1700' within 10 miles. Minimum altitude over facility on final approach crs, 1700'. Crs and distance, facility to airport, 014°—5.3 miles. , £ j lsuS1 n^estabfehed upon descentto authorized landing minimums or if landing not accomplished within 5.3 miles after passing LOM, make climbing left turn to 1700' and return to Wilmington LOM. Hold S, Wilmington LOM, 1-minute right turns, 014° inbnd. ’ e MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—2100'; 180°-270°—1600'; 270°-360°—2000'. City, Wilmington; State, Del.; Airport name, Greater Wilmington; Elev., 79'; Fac. Class., LOM; Ident., IL; Procedure No. N D B (ADF)-L Arndt. 9; Eff. date 19 June 69- Sup. Arndt. No. 8; Dated, 29 Oct. 66 ..2.-By amending § 97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Baraboo, W is.-Baraboo-W isconsin Dells, VOR-1, Arndt. 2, 23 Dec. 1967 (established under Subpart C). Decatur, HI.—Decatur, VOR 1, Amdt. 5, 14 Jan. 1967 (established under Subpart C ). Indianapolis, Ind.—Bob Shank, VOR—1, Amdt. 1, 15 Aug. 1968 (established tinder Subpart C). Pierre, S. Dak.—Pierre Municipal, VOR 1, Amdt. 9, 16 July 1966 (established under Subpart C). /« tJLi By S'11161111*11® § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Bloomington, Ind.—Monroe County, VOR Runway 24, Amdt. 5, 20 Mar. 1969, canceled, effective 19 June 1969. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/ DME) procedures as follows: Pierre, S. Dak.—Pierre Municipal, VOR/DME-1, Orig., 10 Nov. 1966 (established under Subpart C).

EEDERAL REGISTER, V O L 34, NO. 103— THURSDAY, MAY 29, 1969 8276 RULES AND REGULATIONS 5. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, imaging», courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , , _... ,. .,, . , , . m If an instrument approach procedure of the above type is conducted at the below named airport, It shall be in accordance with the following Instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specmea routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More morel, han (feet) or less than 65 65 knots knots

Rochelle Int______*...... LOM (final)...... Direct...... 2000 T-dn**______300-1 300-1- 200-% PL L V O R — -•...... LOM------...... Direct...... 2500 C-dn______500-1 500-1 500- 1% RED VOR...... - ...... LOM...... Direct...... 2000 S-dn-36jé$...... 300-% 300-% 300-% Belvedere Int______LOM------Direct...... 2500 A-dn...... 600-2 600-2 600-2 JV LVO R ...... LOM...... Direct...... *2500 Malta Int______LOM...... Direct...... 2500 Crestonlnt...... South crs ILS (final) Via R 150°, 2000 R FD VOR. RFD VOR, R 240° counterclockwise...... R FD VOR, R 168°.. Via 16-mile DME 2500 arc* 5-mile DME Fix R FD VOR, R 158°.'— ______LOM (final).. Direct. 2000

Procedure turn W side of crs, 182° Outbnd, 002° Inbnd, 2000' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2000'. Altitude at glide slope and distance to approach end of runway at LOM, I860'—4.1 miles; at MM, 916'—0.6 mile. -

(6400-% required when glide slope not utilized. *2000' after passing R FD VOR R090°. **RVR 2400' authorized Runway 36. $RVR 4000'. MSA within 25 miles of R F LOM: 000°-090°—2300'; 090°-180°—2500'; 180°-270° -2300'; 270°-360°—2600'. City, Rockford; State, 111.; Airport name, Greater Rockford; Elev., 735'; Fac. Class., ILS; Ident., I-R FD ; Procedure No. ILS Runway 36, Arndt. 11; Eff. date, 19 June 69; Sup. Arndt. No. 10; Dated, 10 Apr. 69

Woodstown VOR...... LOM...... ______Direct______1700 T-dn**...... 300-1 300-1 200-% C-dn...... 400-1 500-1 600-1% S-dn-1#*...... 200-% 200-% 200-% A -dn...... 600-2 600-2 600-2

Procedure turn W side S crs 194° Outbnd, 014° Inbnd, 1700' within 10 miles. Minimum altitude at glide slope interception Inbnd, 1700'. Altitude of glide slope and distance to approach end of runway at OM, 1631'—5.3 miles; at MM 284'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished make climbing left turn to 2000' on EWT R 270° to Elkton Int, hold W, 1-minute right turns, 090° Inbnd. **RVR 2400 authorized Runway 1. #RVR 2400'. Descent below 279' not authorized unless approach lights are visible. *300-% required with glide slope inoperative. MSA within 25 miles of LOM: 000D-090°—2100'; 090°-180°—2100'; 180°-270°—1600'; 270°-360°—2000'. City. Wilmington; State, Del.; Airport name, Greater Wilmington; Elev., 79'; Fac. Class.. ILS; Ident., I-ILG; Procedure No. ILS-1, Arndt. 10; Eff. date, 19 June 69; Sup. Arndt; No. 9; Dated, 29 Oct. 66 6. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-dis­ tance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR; If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted iq accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: 1.3 miles after passing DLL VOR From— To— Via altitudes TAC. (feet)

R 284°, DLL VORTAC CW...... R 007°,DLL VORTAC-. 7-mile Are______3000 Climb to 3000' on R 187° DLL VORTAC R 140°, DLL VORTAC CCW...... R 094°, DLL V O R T A C .. 7-mile Arc______3300 within 10 miles; return to VORTAC. R 094°, DLL VORTAC CCW...... R 007°, DLL V O R T A C .. 7-mile Arc...... 3000 Supplementary charting information: 7-mile Are...... :...... DLL VORTAC (NOPT) R 007°, DLL VO RTAC...... 1900 2280* steel tower 7 miles SE of airport.

Procedure tum W side of crs, 007° Outbnd, 187°- Inbnd, 2900' within 10 miles of DLL VORTAC. FAF, DLL VORTAC. Final approach crs, 187°. Distance FAF to MAP, 1.3 miles. Minimum altitude over DLL VORTAC, 1900'. JMSA: 000°-090°—2300'; 090°-180°—3300'; 180°-270°—2800'; 270°-360°—2300'. N otes: (1) Use Lone Rock altimeter setting. (2) Final approach from holding pattern at DLL VORTAC not authorized. Procedure turn required. Caution: Runways 4/22 unlighted. - % IFR departure procedure: When weather is below 1300-2, aircraft departing southeastbound, flight below 2800' beyond 2 miles from airport is prohibited between radials 110° and 180° inclusive of the DLL VORTAC. Day and Night Minimums

A B C D Cond. MDA VISHAAMDAVIS HAA MDA VIS HAA VIS

C____ ...... 1600 1 621 1600 1 621 1600 1% 621 NA A ...... T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Baraboo; State, Wis.; Airport name, Baraboo-Wisconsin Dells; Elev., 979'; Facility, DLL; Procedure No VOR-1, Arndt. 3; Eff. date, 19 June 69; Sup. Arndt. No. 2; Dated, 23 Dec. 67

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, .1969 RULES AND REGULATIONS 8277

Standákd I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.4 miles after passing DEC VOR (feet)

Henton Int______DEC VOR (NOPT)...... Direct...... 1______2300 Climbing right turn to 2300' direct to DEC VOR. Supplementary charting information: 906' elevator t.4 miles NNW of airport. 911' elevator 1.6 miles NW of- airport. 1004' elevator 1.8 miles NW of airport. 1749' tower 6.9 miles N of airport. Runway 36, TDZ elevation, 677'.

Procedure turn E side of crs, 168° Outbnd, 348° Inbnd, 2300' within 10 miles of DEC VOR. FAF, DEC VOR. Final approach crs, 348°. Distance FAF to MAP, 5.4 miles. Minimum altitude over DEC VOR, 2300'. MSA: 045°-225°—2100'; 225°-315°—2600'; 315°-045°—2800'. Notes: (1) Inoperative component table does not apply to REILS Runway 36. (2) Use Champaign altimeter setting when control zone not effective. (3) Circling and straight-in MDA raised 120' when control zone not effective except operators with approved weather reporting service. % IFR departures: For northbound departures when weather is below 1100-1 flight beyond 6 miles N of airport between R 345° to R 017° below 2300' not authorized. Restriction due to 1749' tower 7 miles N. ‘Alternate minimums not authorized when control zone not effective except operators with approved weather service. Day and Night Minimums

AB C D Cond. MDAVISHAT MDAVIS HAT MDA VIS HAT MDA VIS HAT

S-36___ 1060 1 383 1060 1 383 1060 1 383 1060 1 383 MDAVIS HAAMDAVIS HAA MDÀ VIS HAA MDAVIS HAA C.____ 1120 1 441 1220 1 541 1220 1)4 541 1320 2 641 A _____ . .. Standard.* T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Decatur; State, 111.; Airport name, Decatur; Elev.,679'; Facility, DEC; Procedure No. VOR Runway 36, Arndt. 6; Eff. date, 19 June 69; Sup. Arndt. No. VOR 1, Arndt. 5; Dated, 14 Jan. 67

Terminal routes Missed approach Minimum MAP: 5.5 miles after passing IN D VOR From— To— Via altitudes TAC. (feet)

Make left-climbing turn to 2500' and return to IND VORTAC. Supplementary charting information: Towers: 1852', 4 miles NNE; 1104', 2 miles ENE; 1173', 3 miles ENE; 1043', 1.1 miles N.

Procedure tum N side of crs, 260° Outbnd, 080° Inbnd, 2500' within 10 miles of IND VORTAC. FAF, IN D VORTAC. Final approach crs, 080°. Distance FAF to MAP, 5.5 miles. Minimum altitude over.IND VORTAC, 2500'. MSA: 135°-225°—3100'; 225°-315°—2300'; 315°-135°—2900'. Notes: (1) Radar vectoring. (2) Use Indianapolis (Weir-Cook) altimeter setting. % Plan IFR departures N and NE to avoid 1043' tower 1.1 miles N and several 1852' towers 4.6 to 7 miles N N E.

Day and Night Minimums

_ . A B C D Cond. ------_------MDA VIS HAA MDA VIS HAA MDA VIS HA A VIS

C...... ------1360 1 584 1360 1 584 _ 1360 1)4 584 NA A- ...... -...... Not authorized. T 2-eng. or less—400-1 required Runway 3; Standard Run- T over 2-eng.—400-1 required Runway 3; Standard Run­ way 21.% way 21.%

City, Indianapolis; State, Ind.; Airport name, Bob Shank; Elev., 776'; Facility, IND; Procedure No. VOR-1, Arndt. 2; Eff. date, 19 June 69; Sup. Arndt. No. 1; Dated 15 A ng. 68

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 No. 103------2 8278 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR— Continued

Terminal routes Missed approach Minimum MAP: 4.8 miles after passing PIR From— To— Via altitudes VORTAC. (feet)

R 040°, PIR VORTAC CW...... R 076°, PIR VO RTAC...... 7-müe Are...... 3500 Climb to 4000' on R 242° within 10 miles; R 100°, PIR VORTAC CCW...... R 076°, PIR V O R T A C -...... 7-mile Arc...... 3500 return to VORTAC. 7-mile DME Fix, R 076°...... PIR VORTAC (NOPT)...... Direct...... 3200 Supplementary charting Information: Runway 25, TDZ elevation, 1717'.

Procedure tum N side of crs, 076° Outbnd, 256° Inbnd, 3500' within 10 miles of PIR VORTAC. FAF, PIR VORTAC. Final approach crs, 256°. Distance FAF to MAP, 4.8 miles. s Minimum altitude over PIR VORTAC, 3200'; over 2-mile DME Fix, 2080'. MSA: 090°-180°—3400'; 180°-270°—3500'; 270°-090°—3900'. N ote: Inoperative table does not apply to REILs Runway 25. Day and Night Minimums

A B CD Cond. MDAVIS HATMDAVISHAT MDAVIS HAT MDA VISHAT

S-25______2080 1 363 2080 1 363 2080 1 363 2080 1 363 MDA VIS HAA MDA VIS HAAMDA VIS HAAMDA VIS HAA C...... 2140 1 399 2200 1 459 2200 m 459 2300 2 559 VOR/DME Minimums: S-25___ ...... 2000 1 283 2000 1 283 2000 1 283 2000 1 283 A____;______Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Pierre; State, S. Dak.; Airport name, Pierre Municipal; Elev., 1741'; Facility, PIR; Procedure No. VOR Runway 25, Arndt. 10; Eft. date, 19 Aug. 69; Sup. Arndt. No. VOR 1, Arndt. 9; Dated, 16 July 66 Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an Instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes * Missed approach Minimum From— To— Via altitudes MAP: 5.9-mile DME Fix, R 254°. (feet)

PIR VORTAC...... 10-mile DME Fix, R 254°...... Direct...... 3600 Climb direct to PIR VORTAC, continue R 291°, PIR VORTAC CCW...... R 254°, PIR VO RTAC...... „ ...... 17-mile A re...... 3600 climb to 3500' on R 076° within 10 miles; R 242°, PIR VORTAC CW...... R 254°, PIR VO RTAC...... „ ...... 17-mile A re...... _ 3600 return to VORTAC. 17-mile DME Fix, R 254°...... 10-mile DME Fix, R 254° (NOPT)._. .. Direct...... 2600 Supplementary charting information: •Chart in plan view. Runway 7, TDZ elevation, 1734'.

Procedure turn S side of crs, 254° Outbnd, 074° Inbnd, 3600' within 10 miles of 10-mile DME Fix. Final approach crs., 074°. Minimum altitude over 10-mile DME Fix; R 254°, 2600'. MSA: 090°-180°—3400'; 180°-270°—3500'; 270°-090°—3900'. •Final approach from holding pattern at 10-mile DME Fix, R 254° not authorized; procedure turn required. Day and Night Minimums

A B O D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g-7...... _...... 2100 1 366 2100 1 366 2100 1 366 2100 1 366 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 2140 1 399 2200 1 459 2200 1J^ 459 2300 2 559 A ...... __...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Pierre; State S. Dak.; Airport name, Pierre Municipal; Elev., 1741'; Facility, PIR; Procedure No. VOR/DME Runway 7, Arndt. 1; Eff. date, 19 June 69; Sup. Arndt No. VOR/DME-1, Orig.; Dated, 10 Nov. 66

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8279 7. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure— ‘T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above alroort elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miloa or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure UI}]ess an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach T nlnlm ^ altitudes shall correspond with those established for en route operation in the particular area or as set forth below. ^

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: CHS VORTAC. (feet)

R 223°, CHS VORTAC CW...... R 334°, CHS VORTAC...... CHS 10-mile DME Are 1800 Climb to 2000' on R 164° CHS VORTAC R 052°, CHS VORTAC CCW------R 334°, CHS VO RTAC______CHS 10-mile DME A re' 1800 within 15 miles of CHS VORTAC. 10-mile DME Are...... CH LOM/5.8-mile DME (NOPT).__ CHS, R 334° 480 Supplementary charting information: Final approach ers intercepts runway center- line 3500' from threshold. VASI Runways 21/ 15, 33. TDZ elevation, 44'.

Procedure turn W side of ers, 334° Outbnd, 154° Inbnd, 1300' within 10 miles of CHS VORTAC. Final approach ers, 154°. Minimum altitude over CH LOM or 5.8-mile DME Fix, 480' MSA: 000°-090°—3100'; 090°-180°—2100'; 180°-360°—1500'. N ote: ASR. D ay and N ight Minimums

A B C Cond. D MDA VIS HAT MDA VIS HAT Md a VIS HAT MDAVIS HAT

S-15...... 480 RVR 24 436 480 RVR 24 436 480 RVR 24 436 480 RVR 50 436 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 480 1 -435 500 1 455 500 1M 455 600 2 655 VOR/DM E/NDB Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-15...... 440 RVR 24 396 440 RVR 24 396 440 R VR 24 396 440 RVR 50 396 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 480 1 435 500 1 455 500 m 455 600 2 555 A... Standard. T 2-eng. or less—RVR 24', Runway 16; Standard all other T over 2-eng. —RVR 24', Runway 15; Standard all other runways. runways.

City, Charleston; State, S.C.; Airport name, Charleston AFB/Municipal; Elev., 45'; Facility, CHS; Procedure No. VOR Runway 15 Amdt 3- Eff. date, 19 June 69; Sup. Arndt. No. 2; Dated, 19 Dec. 68 * ’ dures as follows * ^ u ^ uu aui«m iiuuuuceuuiicu uedcun wuiomauc direction nnoer ) ( jn u n /ADF ) proce- Standard I nstrument Approach P rocedure—T ype ND B (A D P ) .headin.fs> courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA Ceilings are in feet above almnrt elevation Distances are in nautical miles unless otherwise Indicated, except visibilities which are in statute miles or hundreds of feet R VR ë 6 alrport elevation.

Terminal routes Missed approach Minimum From- To— Via altitudes MAP: 4.5 miles after passing CH LOM. (feet)

CHS VORTAC------CH LOM_. Direct.. Rockville Int------CH LOM. 1500 Climb to 2000' on 149° bearing from CH Direct. 1800 LOM within 15 miles. f r o Int- - ...... -...... -...... — CH LOM. Direct. Walterboro Int------CH LOM 1800 Supplementary charting information: Direct. 1800 VASI Runways 21, 15, 33. X?,Thanf ...... - ...... - ...... -...... CH LOM.. Direct. 1800 TDZ elevation, 44'. Gillyard Int______CH LOM.. Direct. Cooper I n t...... CH LOM.. 1800 Direct. 1800 Wandolnt...... CH LOM Direct. 1800

£ rA°2,ed*Ve turn W side of ers, 329° Outbnd, 149° Inbnd, 1300' within 10 miles of CH LOM. iV- . ’ CH LOM. Final approach ers, 149°. Distance FAF to MAP, 4.5 miles. Minimum altitude over CH LOM, 1300'. MSA: 000°-180°—3100'; 180°-270°—1500'; 270°-360°—1500'. N ote: ASR. Day and Night Minimums

Cond. A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-15__ 440 RVR 40 396 .440 RVR 40 396 440 RVR 40 396 440 RVR 60 396 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 480 1 435 500 1 455 500 m 455 600 2 555 Standard. T 2-eng. or less-—RVR 24', Runway 15; Standard all other T over 2-eng.--R V R 24', Runway 15; Standard all other runwavs. runways.

City, Charleston; State, S.C.; Airport name, Charleston AFB/Municipal; E lev, 45'; Facility CH; Procedure No. N D B (ADF) Runway 15, Arndt. 10; Eft. date, 19 June 69; , bup. Arndt. No. 9; Dated, 19 Dec. 68

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8280 RULES AND REGULATIONS

Standâ&d I nstrument Approach P rocedure—T ype NDB (ADF)— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MQB N D B. (feet)

BRLVOETAC.:...... MQB N D B ...... Direct. 2500 Climb to 2300',,right turn to MQB N D B. Canton Int______MQB N D B ______Direct. 2500 Supplementary charting information: Webster Int______MQB N D B ______Direct. 2500 Final approach crs crosses runway center­ line extended 3000' from threshold. Steel tower 3 miles SW to 1209'.

Procedure turn S side of crs, 080° Outbnd, 260° Inbnd, 2300' within 10 miles of MQB N D B . Final approach crs, 260°. MSA: 000°-360°—2300'. N ote: Use Burlington, Iowa, altimeter setting. %IFR departure procedures: Runways 26 and 8—When weather below 500-2, climb straight ahead to 2300' before proceeding on crs. Day and Night Minimums

A BCD Cond. MDAVISHATMDAVISHATVISVIS

S-26-...... 1240 1 537 1240 1 537 NA NA MDA VIS HAAMDA VIS HAA C...... ____ 1240 1 537 1240 1 537 NA NA A ...... ______Not authorized. T 2-eng. or less—Standard. % T over 2-eng.—Standard. %

City, Macomb; State, 111.; Airport name, Municipal; Elev., 703'; Facility. MQB; Procedure No. ND B (ADF) Runway 26, Arndt. 1; Efl. date, 19 June 69; Sup. Arndt. No. NDB (ADF) Runway 27, Orig.; Dated, 1 May 69

Terminal routes Missed approach Minimum From— To— .Via altitudes MAP: 4.1 miles after passing IA LOM. (feet)

Buffalo VORTAC...... , ...... IA LOM...... Direct. 2000 Climb straight ahead to 2000' within 10 Grand Island Int...... IA.LOM...... Direct. 2500 miles, right turn direct IA LOM and hold. Wolcottsville Int ...... IALOM(NOPT) ...... Direct. 1800 Supplementary charting information: Hold E of IA LOM, 1-minute right turns, 278° Inbnd. TDZ elevation, 589'. Numerous obstructions penetrating 40:1 all runways except 28R and 10L.

Procedure turn N side of crs, 098° Outbnd, 278° Inbnd, 1800' within 10 miles of IA LOM. FAF, LA. LOM. Final approach crs, 278°. Distance FAF to MAP, 4.1 miles. Mini-mum altitude over IA LOM, 1800'. MSA: 060°-150°—2600'; 150°-240°—3700'; 240°-330°—2600'; 330°-060°—1800'. N otes: (1) Radar vectoring. (2) Inoperative table does not apply to ALS. Day and Night Minimums

A B C D Cond. MDA VIS HATMDA VISHAT MDAVISHAT MDA VIS HAT

S-28R__ ...... 1000 RVR 50 411 1000 RVR 50 411 1000 RVR 50 411 1000 RVR 50 411 MDA VISHAA MDA VIS HAA MDA VIS HAA MDA .VIS HAA C...... ____ 1080 1 490 1080 1 490 1080 1 Yi 490 1140 2 550 Standard. T 2-eng. or less—RVR 24', Runway 28R, 1 mile required, T over 2-eng.—RVR 24', Runway 28R, 1 mile required, Runways 10R-28L. Standard all others. Runways 10R-28L. Standard all otherss.

City, Niagara Falls; State, N.Y.; Airport name, Niagara Falls International; Elev., 590'; Facility, IA; Procedure No. ND B (ADF) Runway 28R, Arndt. 11; Efl. date, 19 June 69; Sup. Arndt. No. 10; Dated, 11 Apr. 69

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 « RULES AND REGULATIONS 8281 9. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in ieet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute mil«« or hundreds oi feet RVR If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument aDDroach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach mini™,,™ altitudes shall corresnond with those established for en route operation in the particular area or as set forth below. u

Terminal routes Missed approach

Minimum MAP: ILS D H 244'; LOC 4.5 miles after From— To— Via altitudes passing CH LOM. (feet)

CHS VORTAC, R 211° CW CHS LOC 10-mile Arc CHS, R 320° 1800 Climb to 2000' on R 149° CHS VORTAC lead radial. within 15 miles of CHS VORTAC, or, CHS VORTAC, R 052° CCW...... CHS LOC 10-mile Arc CHS, R 340° 1800 when directed by ATC, climbing right lead radial. turn to 3000' on R 211°, CHS VORTAC 10-mile DME Arc. CH LOM (NOPT) LOC crs...... 1300 to Rockville Int and hold. CHS VORTAC.. CH LOM...... Direct...... _...... 1500 Supplementary charting information: Rockville Int___ CH LOM...... Direct...... 1800 Hold SW, 1 minute, right turns, 031° Inbnd. Jaxboro Int___ _. CH LOM ...... Direct...... 1800 VASI Runways 21, 15, 33. Walterboro Int__ CH LOM______Direct______1800 TDZ elevation, 44'. Givhans Int____ CH LOM...... Direct______1800 Gillyard Int____ CH LO M ...... Direct...... 1800 Cooper Int...... CH LOM...... Direct...... 1800 Wando Int______CH LOM...... Direct______1800

Procedure turn W side of crs, 329° Outbnd, 149° Inbnd, 1300' within 10 miles of CH LOM. / FAF, CH LOM. Final approach crs, 149°. Distance FÂF to MAP, 4.5 miles. Minimum glide slope interception altitude, 1300'. Glide slope altitude at OM, 1281'; at MM, 233'. Distance to runway threshold at OM, 4.5 miles; at MM, 0.6 mile. MSA: 000°-180°—3100'; 180°-270°—1500'; 270°-360°—1500'. N ote: ASR. LOC (BC) unusable. Front crs not usable above 5000'. Day and Night Minimums

A B C Cond. D DHVISHAT DH VIS HAT DHVIS HAT DH VIS HAT

S-16 ...... 244 RVR 24 200 244 RVR 24 200 244 RVR 24 200 244 RVR 24 200 LOC: MDAVIS HAT MDAVIS HAT MDA VIS HAT MDA VIS HAT S-15...... 400 RVR 24 356 400 RVR 24 356 400 RVR 24 356 400 RVR 40 356 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... ______480 1 435 500 1 455 500 455 600 2 555 A ...... T 2-eng. or less—RVR 24', Runway 15; Standard all other T over 2-eng. —RVR 24', Runway 15; Standard air other runways. runways.

City, Charleston; State, S.C.; Airport name, Charleston AFB/Municipal; Elev., 45'; Facility, I-CHS; Procedure No. ILS Runway 15, Arndt 11; Eff date 19 June 69- Sud Arndt. No. 10; Dated, 19 Dec. 68 ' ; ' ’ ■ *

Terminal routes Missed approach Minimum MAP: ILS DH 793'. LOC 4.1 miles after From— To— Via altitudes passing IA LOM. (feet)

Wolcottsville Int_ IA LOM (NOPT). Direct...... 1800 Climb straight ahead to 2000' within 10 Grand Island Int IA LOM... . Direct------1____ 2500 Buffalo VOR...... miles, right turn direct IA LOM and IA LOM (NOPT) B UF VO R R 360°/E crs ILS.. 2000 hold. Supplementary charting information: Hold E of IA LOM, 1-minute right turns, 278° Inbnd. TDZ elevation, 589'. Numerous obstructions penetrating 40:1 all runways except 28 R and 10L.

Pr.°cedme turn N side of crs, 098° Outbnd, 278° Inbnd, 1800' withift 10 miles of IA LOM. iEr- • ’ L0M- Fmal approach crs, 278°. Distance FAF to MAP, 4.1 miles. T^Dn.m ^ o g!ld2 sl°Pe interception altitude, 1800'. Glide slope altitude at OM, 1755'; at MM. 805' MSA: 060°-150°—2600'; 150°-240°—3700'; 240°-330°—2600'; 330°-060°—1800'. Notes: (1) Radar vectoring. (2) Back crs unusable. Day and Night Minimums

Cond. DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT

8-28R...... 789 RVR 24 200 789 RVR 24 200 789 RVR 24 200 789 RVR 24 200 LOC; MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-2811...... 960 RVR 24 371 960 RVR 24 371 960 RVR 24 371 960 RVR 40 371 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 1080 1 490 1080 1 490 1080 1M 490 1140 2 550 Standard. T ^ w o ° I 1^ S iTRQ?4'’i lU?Wny ^ R’ 1 mile re(luired. T over 2-eng.—RVR 24', Runway 28R, 1 mile required: Runways 10R-28L. Standard all others. Runways 10R-28L. Standard all others.

Pity, Niagara Falls; State, N.Y.; Airport name, Niagara Falls International; Elev., 590'; Facility, I-IAG; Procedure No. ILS Runway 28R, Arndt! 14; Eff. date, 19 June 69- bup. Arndt. No. 13; Dated, 28 Nov. ßa ’

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8282 RULES AND REGULATIONS 10. By amending § 97.31 of Subpart C to amend precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: • . „ m Standard I nstrument Approach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author­ ized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author­ ized landing minimum«, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

As established by Detroit ASR minimum vectoring charts. 1. Descend aircraft after passing FAF. 2. Runway 33, FAF 6 miles from threshold. 3. Runway 15, FAF 6 miles from threshold.

Missed approach: Runway 33—Climb to 2800' direct to DE LOM. Runway 15—Climb to 2000' direct to QG VOR. Day and Night Minimum

A B C D C°nd' MPA VÜ HAA MDA VIS HAA MDA VIS HAA VIS

C__;...... , ...... 1200 1 575 1200 1 575 1200 Vft 575 NA A ...... j...... Standard. T 2-eng. or less—300-1 required all runways. T over 2-eng.—300-1 required all runways.

City Detroit1 State Mich ; Airport name, Detroit City; Elev., 625'; Facility, Detroit Metro Radar; Procedure No. Radar-1, Arndt. 2; Eff. date, 19 June 69; Sup. Arndt. No. 1; Dated, 5 Sept. 68

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

As established by Los Angeles ASR minimum altitude vectoringxharts. 1. Descend aircraft after passing FAF. 2. Runway 24—FAF 6.3 miles from threshold. Minimum altitude over 2-mile Radar Fix, 760'. TDZ elevation, 120'. 3. Runway 25L—FAF 5.4 miles from threshold. Minimum altitude over 1.9-mile Radar Fix 620'. TDZ elevation, 100'. 4. Runway 7R—FAF 6 miles from threshold. TDZ elevation, 124'. 5. Runway 6—FAF 6 miles from threshold. TDZ elevation, 110'. %IFR departure procedures: Northbound (280° CW through 060°) unless otherwise ■ directed by ATC, published SID’s must be used. *PAR unusable W of ILS MM (DH 324') for aircraft below 12,500 pounds gross weight.

RunwayP24—Climb on heading 250° to intercept LAX R 276° to 2000' within 15 miles. Runway 25L—Climb to 2000' direct to LAX VOR then via R 248° within 15 miles. ‘ Runway 7R—Climb to 2000' direct to Downey N D B. Alternate missed approach: Climb to 2000' via LAX R 068° to Firestone Int. Runway 6—Climb to 2000' direct to Downey N D B . Alternate missed approach: Climb to 2000' via LAX R 068° to Firestone Int. N ote: Components inoperative table does not apply to HIRL’s and SAL’s Runway 24. Day and Night Minimums

A B C D Cond. i i vis HAT DH VIS HAT DH . VIS HAT DH VIS HAT

PAR:* S-25L-. 300 N RVR 24 200 300 RVR 24 200 300 RVR 24 200 300 RVR 24 200 ASR: MDA VIS HAT MDA VIS HAT MDA VISHAT MDA . VIS HAT S-25L-; 520 RVR 40 420 ~ 520 RVR 40 420 520 RVR 40 420 520 RVR 40 420 ] S-24__ 560 RVR 50 440 560 RVR 50 440 560 RVR 50 440 560 RVR 50 440 S-7R -- 600 RVR 40 476 600 RVR 40 476 600 RVR 40 476 600 RVR 40 476 450 560 RVR 50 450 560 RVR 50 450 J S-6___ 560 RVR 50 450 560 RVR 50 ( MDA VIS HAA MDA VIS HAA MDAVISHAA MDA VIS HAA C 640 1 514 640 1 514 640 Wi 514 680 2 654 Standard. T 2-eng. or less—Runways 16/34, and 6 Standard; Runway T over 2-eng.—Runways 16/34, and 6 Standard; Runway 7L/R, RVR 50'; Runway 24, RVR 40'; Runway 25L/R, 7L/R, RVR 50'; Runway 24 RVR 40'; Runway 25L/R, RVR 24'. % RVR 24'. % 1 ( City Los Angeles; State, Calif.; Airport name, Los Angeles International; Elev., 126'; Facility, LAX Radar; Procedure No. Radar-1, Arndt. 23; Eff. date, 19 June 69; Sup. Arndt. No. 22; Dated, 6 Feb. 69 These procedures shall become effective on the dates specified therein. 1 (Sec. 307(c), 313(a), 601, Federal Aviation Act of 1958 (49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775))

Issued in Washington, D.C., on May 13, 1969. - R. S. S l i f f , Acting Director, Flight Standards Service. [F.R. Doc. 69-6030; Filed, May 28, 1969; 8:45 ajn.]

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8283

[Reg. Docket No. 9576; Amdt. 649] 13.1212- 30 Fur Products Labeling Act^ 2. Failing to affix a stamp, tag, label, 13.1212- 80 Textile Fiber Products Iden^* or other means of identification to each PART 97— STANDARD INSTRUMENT tification Act; 13.1212-90 Wool Products such product showing in a clear, legible APPROACH PROCEDURES Labeling Act. Subpart—Neglecting, un­ and conspicuous manner each element of Miscellaneous Amendments fairly or deceptively, to make material information required to be disclosed by disclosure: § 13.1845 Composition: 13.- section 4(b) of the Textile Fiber Products Correction 1845-80 Wool Products Labeling Act; Identification Act. In F.R. Doc. 69-5492 appearing at page § 13.1852 Formal regulatory and statu­ 3. Failing to label samples, swatches, 7763 in the issue of Friday, May 16, 1969, tory requirements: 13.1852-35 F u r or specimens of textile fiber products the following correction should be made. Products Labeling Act; 13.1852-70 Tex­ subject to the Act, which are used to In the “Day and Night Minimums” table tile Fiber Products Identification Act; promote or effect sales of such textile for Charleston, S.C., appearing on page 13.1852-80 Wool Products Labeling Act. fiber products, in such a manner as to 7779, the figure in the second column (S ec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or show their respective fiber contents and now reading “410” should read “440”. apply sec. 5, 38 Stat. 719, as amended, 72 Stat. other required information. 1717, 719, as amended, 72 Stat. 1717, sec. 8, B. Falsely and deceptively advertising 65 Stat. 179, secs. 2-5, 54 Stat. 1128-1130; 15 textile fiber products by: U.S.C. 45, 70, 69f, 68) [Cease and desist order, 1. Making any representations, di­ Title 43— PUBLIC LANDS: Brand & Puritz et al., Kansas City, Mo., rectly or by implication, as to the fiber Docket C-1528, May 5,1969] content of any textile fiber product in any INTERIOR In the Matter of Brand & Puritz, a Part­ written advertisement which is used to nership, and Hyman Brand, David aid, promote, or assist, directly or indi­ Chapter II— Bureau of Land Man­ Levitch, Frances B. Levitch, Arthur rectly, in the sale or offering for sale of A. Brand, and Carl Puritz, Individ­ such textile fiber product, unless the agement, Department of the Interior ually and as Copartners Trading as same information required to be shown APPENDIX— PUBLIC LAND ORDERS Brand & Puritz on the stamp, tag, label or other means [Public Land Order 4598] of identification under section 4(b) (1) Consent order requiring a Kansas City, and (2) of the Textile Fiber Products [Oregon 3209] Mo., manufacturer of women’s, misses’, and children’s apparel to cease mis­ Identification Act is contained in the OREGON branding its fur, wool and textile fiber said advertisement, in the manner and form required, except that the percent­ Reservation for Constructed Forest products, falsely advertising its textile fiber products, and failing to keep ages of the fibers present in the textile Service Road required records. fiber product need not be stated. Correction The order to cease and desist, includ­ 2. Using a fiber trademark in adver­ tisements without a full disclosure of the In F.R. Doc. 69-4492, appearing at page ing further order requiring report of compliance therewith, is as follows: required content information in at least 6584, in the issue for Thursday, April 17, one instance in the said advertisement. 1969, make the following changes: It is ordered, That respondents Brand 3. Using a fiber trademark in adver­ 1. In paragraph 1, line 8, insert the & Puritz, a partnership, and Hyman tising textile fiber products containing word “leasing” preceding the word Brand, David Levitch, Frances B. Le­ more than one fiber without such fiber “laws”. vitch, Arthur A. Brand, and Carl Puritz, trademark appearing in the required 2. In paragraph 2: individually and as copartners trading as fiber content information in immediate a. The word “of” in line 3 should read Brand & Puritz, or under any other name proximity and conjunction with the “or”. or names, and respondents’ representa­ generic name of the fiber in plainly b. The word “or” in line 4 should read tives, agents, and employees, directly or “of”. through any corporate or other device, legible type or lettering of equal size in connection with the introduction, de­ and conspicuousness. livery for introduction, manufacture for C. Failing to maintain and preserve introduction, sale, advertising, or offer­ for at least 3 years proper records show­ Title 16— COMMERCIAL ing for sale, in commerce, or the trans­ ing the fiber content of textile fiber prod­ portation or causing to be transported, ucts manufactured by them, as required in commerce, or the importation into the by section 6(a) of the Textile Fiber PRACTICES United States of any textile fiber prod­ Products Identification Act and Rule 39 Chapter I— Federal Trade Commission uct; or in connection with the sale, offer­ of the rules and regulations promulgated ing for sale, advertising, delivery, trans­ thereunder. [Docket No. C-1528] portation or causing to be transported It is further ordered, That respondents PART 13— PROHIBITED TRADE of any textile fiber product which has Brand & Puritz, a partnership, and Hy­ PRACTICES been advertised or offered for sale in man Brand, David Levitch, Frances B. commerce; or in connection with the Levitch, Arthur A. Brand, and Carl Brand & Puritz et al. sale, offering for sale, advertising, de­ Puritz, individually and as copartners livery, transportation, or causing to be trading as Brand & Puritz, or under any Subpart—Advertising falsely or mis­ transported, after shipment in com­ other name or names, and respondents’ leadingly: § 13.30 Composition of goods : merce, of any textile fiber product, representatives, agents, and employees, 13.30-75 Textile Fiber Products Identi­ whether in its original state or contained directly or through any corporate or fication Act; 1 13.73 Formal regulatory in other textile fiber products, as the other device, in connection with the in­ and statutory requirements: 13.73-90 terms “commerce” and “textile fiber troduction or manufacture for introduc­ Textile Fiber Products Identification Act. product” are defined in the Textile Fiber tion, into commerce, or in connection Subpart—Invoicing products f alsely : Products Identification Act, do forth­ with the sale, transportation, distribu­ § 13.1108 Invoicing products falsely: with cease and desist from : tion, delivery for shipment, shipment, or 13.1108-80 Textile Fiber Products Iden­ A. Misbranding textile fiber productsoffering for sale in commerce, of wool tification Act. Subpart—Misbranding by: products, as “commerce” and “wool prod­ or mislabeling: § 13.1185 Composition: uct” are defined in the Wool Products 13.1185- 30 Fur Products Labeling Act; 1. Falsely or deceptively stamping, tagging, labeling, invoicing, advertising, Labeling Act of 1939, do forthwith cease 13.1185- 80 Textile Fiber Products Iden­ and desist from misbranding such tification Act; 13.1185-90 Wool Prod­ or otherwise identifying any textile products by: ucts Labeling Act; § 13.1212 Formal fiber products as to the name or amount A. Failing to securely affix to or place regulatory and statutory requirements: of constituent fibers contained therein. on each such product a stamp, tag, label,

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 r 8284 RULES AND REGULATIONS or other means of identification cor­ Issued: May 5,1969. for sale, sale, advertising, offering for rectly showing in a clear and conspicuous By the Commission. sale, transportation or distribution, of manner each element of information re­ any fur product which is made in whole quired to be disclosed by section 4(a) (2) [ s e a l ] J o s e p h W. S h e a , or in part of fur which has been shipped of the Wool Products Labeling Act of Secretary. and received in commerce, as the terms 1939. [F.R. Doc. 69-6352; Filed, May 28, 1969; “commerce,” “fur,” and “fur product” B. Failing to set forth the generic 8 :4 5 a jn .] are defined in the Fur Products Labeling names of manufactured fibers estab­ Act, do forthwith cease and desist from: lished in Rule 7 of the regulation promul­ [¡Docket No. C—1529] A. Misbranding any fur product by : gated under the Textile Fiber Products 1. Representing directly or by implica­ Identification Act, in naming such fibers PART 13— PROHIBITED TRADE tion on a label that the fur contained in in required information on stamps, tags, PRACTICES such fur product is natural when such labels or other means of identification fur is pointed, bleached, dyed, tip-dyed, attached to wool products. Goldline Fashions, Inc., et al. or otherwise artificially colored. C. Failing to affix labels to samples, Subpart—Furnishing false guaranties: 2. Failing to affix a label to such fur swatches, or specimens of wool products § 13.1053 Furnishing false guaranties: product showing in words and in figures xised to promote or effect the sale of wool 13.1053-35 Fur Products Labeling Act. plainly legible all of the information re­ products, showing in words and figures Subpart—Invoicing products falsely: quired to be disclosed by each of the plainly legible all of the information § 13.1108 Invoicing products falsely: 13.- subsections of section 4(2) of the Fur required to be disclosed by each of the 1108-45 Fur Products Labeling Act. Products Labeling Act. subsections of section 4(a) (2) of the Subpart—Misbranding or mislabeling: B. Falsely or deceptively invoicing any Wool Products Labeling Act of 1939. § 13.1185 Composition: 13.1185-30 Fur fur product by: It is further ordered, That respondents Products Labeling Act; § 13.1212 For­ 1. Failing to furnish an invoice, as the Brand & Puritz, a partnership, and mal regulatory and statutory require­ term “invoice” is defined in the Fur Hyman Brand, David Levitch, Frances ments: 13.1212-30 Fur Products Label­ Products Labeling Act, showing in words B. Levitch, Arthur A. Brand, and Carl ing Act. Subpart—Neglecting, unfairly or and figures plainly legible all the infor­ Puritz, individually and as copartners deceptively, to make material disclosure: mation required to be disclosed by each trading as Brand & Puritz, or under any § 13.1845 Composition: 13.1845-30 Fur of the subsections of section 5(b)(1) of other name or names, and respondents’ Products Labeling Act; § 13.1852 For­ the Fur Products Labeling Act. representatives, agents, and employees, mal regulatory and statutory require­ 2. Representing, directly or by impli­ directly or through any corporate or ments: 13.1852-35 Fur Products Label­ cation, on invoices that the fur contained other device in connection with the in­ ing Act. in such fur product is natural when such troduction, manufacture for introduc­ fur is pointed, bleached, dyed, tip-dyed, (S ec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or otherwise artificially colored. tion, into commerce, or the sale, or apply sec. 5, 38 Stat. .719, as amended, sec. advertising, or offering for sale in com­ 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and It is further ordered, That respond­ merce, or the transportation or distri­ desist order, Goldline Fashions, Inc., et al., ents Goldline Fashions, Inc., a corpora­ bution in commerce of any fur product; New York, N.Y., Docket 0-1529, May 5, 1969] tion, and its officers, and Briarlee Modes, or in connection with the manufacture Inc., a corporation, and its officers, and for sale, sale, advertising, offering for In the Matter of Goldline Fashions, Inc., Louis Goldstein and William Wertlieb, sale, transportation or distribution of a Corporation, and Briarlee Modes, individually and as officers of said cor­ any fur product which is made in whole Inc., a Corporation, and Louis Gold­ porations, and respondents’ representa­ or in part of fur which has been shipped stein and William Wertlieb, Individ­ tives, agents, and employees, directly or and received in commerce, as the terms ually and as Officers of Said through any corporate or other device, “commerce,” “fur,” and “fur product” Corporations do forthwith cease and desist from fur­ are defined in the Fur Products Labeling Consent order requiring two affiliated nishing a false guaranty that any fur Act, do forthwith cease and desist from New York City manufacturers of women’s product is not misbranded, falsely in­ misbranding fur products by : and misses’ apparel to cease misbrand­ voiced or falsely advertised when the re­ 1. Failing to affix labels to fur products ing, falsely invoicing and deceptively spondents have reason to believe that showing in words and in figures plainly guaranteeing its fur products. such fur product may be introduced, sold, legible all the information required to be The order to cease and desist, includ­ transported, or distributed in commerce. disclosed by each of the subsections of ing further order requiring report of It is further ordered, That the respond­ section 4(2) of the Fur Products compliance therewith, is as follows: ent corporations shall forthwith dis­ Labeling Act. It is ordered, That Goldline Fashions, tribute a copy of this order to each of 2. Setting forth on a label attached Inc., a corporation, and its officers, and - their operating divisions. to any such fur product the name or Briarlee Modes, Inc., a corporation, and It is further ordered, That the respond­ names of any animal or animals other its officers, and Louis Goldstein and Wil­ ents herein shall, within sixty (60) than the name of the animal producing liam Wertlieb, individually and as of­ days after service upon them of this the fur contained in such fur product ficers of said corporations, and respond­ order, file with the Commission a report as specified in the Fur Products Name ents’ representatives, agents, and em­ in writing, setting forth in detail the Guide and as prescribed by the rules and ployees, directly or through any corpo­ manner and form in which they have regulations. rate or other device, in connection with complied with this order. It is further ordered, That the respond­ the introduction, or manufacture for in­ Issued: May 5,1969. ents herein shall, within sixty (60) days after service upon them of this order, troduction, into commerce, or the sale, By the Commission. advertising, or offering for sale in com­ file with the Commission a report, in [ s e a l ] J o s e p h W. S h e a , writing, setting forth in detail the man­ merce, or the transportation or distri­ Secretary. ner and form in which they have com­ bution in commerce, of any fur product; [F.R. Doc. 69-6353; Filed, May 28, 1969; plied with this order. or in connection with the manufacture 8 :4 5 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8285

PART 240— GUIDES FOR ADVERTIS­ businessmen have with respect to the or section 5 of the Federal Trade Com­ ING ALLOWANCES AND OTHER laws enforced by the Commission, the mission Act. (See §§ 240.11 and 240.14.) MERCHANDISING PAYMENTS AND greater the likelihood that voluntary (3) A third party who helps a cus­ compliance with the laws will be tomer claim reimbursement greater than SERVICES obtained. that to which he is entitled under a sell­ The following Guides were adopted by For the Commission to perform its er’s program (by furnishing the customer the Federal Trade Commission and be­ responsibilities properly, and for busi­ with a false invoice or other statement, come effective June 1,1969. ness to avoid violation of the law, it is for instance), may thereby violate sec­ Introduction. These Guides are de­ necessary that every effort be made to tion 5 of the Federal Trade Commission signed to highlight legal problems that furnish individual businessmen a better Act. (See § 240.15.) may be encountered by businessmen who understanding of these laws. It will help (4) A third party who devises and/or want to utilize promotional or advertis­ businessmen—and the Commission’s law administers a promotional assistance ing allowances and similar merchan­ enforcement efforts—if they have a good program on behalf of one or more sellers dising payments or services to stimulate general knowledge of what they can and may violate section 5 of the Federal the sale of their products. The Guides cannot do in the field of promotional Trade Commission Act if the use, ad­ are not intended to serve as a compre­ allowances and services. ministration, or operation of the pro­ hensive statement of the law or as a What the Guides are not meant to do. gram results in violation of law. (See legal treatise, but are instead intended It should be made clear too that the § 240.13.) to serve as a practical manual—in the Guides are not meant to do several form of basic rules of thumb, specific things: • (5) The examples are not intended to examples, and carefully considered sug­ . (1) They are not meant to cover every be all-inclusive. The Guides do not pur­ gestions—for the honest businessman situation. Decided cases dealing with port to set forth all the legal rules gov­ who wants to conform his conduct to the unusual situations are not covered. erning a seller’s promotional practices requirements of the law without giving (2) They are not a substitute for or other vertical arrangements, but are up the benefits that can be derived from sound legal advice directed primarily to the seller’s obliga­ this form of promotional activity. The (3) They are not intended to be a tion in making promotional offers to no­ Guides are designed to furnish guidance legal treatise. They should be read as a tify, and offer proportionally equal terms and assistance for the businessman seek­ nontechnical explanation of what the to, his competing customers. Related ing to comply with the law and to avoid law means. practices, not directly involving notifica­ even inadvertent violations. (4) They do not make it mandatory tion or proportionalization, are not nec­ Simply stated, what the law requires, (nor does the law itself) that sellers pro­ essarily covered by these Guides. in essence, is that those who grant pro­ vide promotional allowances, services, or Sec. motional and advertising allowances facilities to any customer. They only 240.1 When does the law apply? treat their customers fairly and without come into play when the seller deter­ 240.2 Who Is a seller? discrimination, and not use such allow­ mines to employ such promotional 240.3 Who is a customer? 240.4 What is interstate commerce? ances to disguise discriminatory price practices. 240.5 What are services or facilities? discounts. In interpreting and enforcing (5) The omission in these final guides 240.6 Need for a plan. the law, the Commission will recognize of any portion which appeared in a pre­ 240.7 Proportionally equal terms. the practicalities of business while pre­ vious version should not be construed as 240.8 Seller’s duty to inform. venting the kind of discriminatory prac­ necessarily reflecting any change in pol­ 240.9 Availability to all competing tices at which the law was aimed. Realis­ icy by the Commission. c u sto m ers. tic and reasonable enforcement of the What the law covers generally. The 240.10 Need to understand terms. law will enable the Commission to enlist 240.11 Checking customer’s use of Robinson-Patman Act is an amendment p a y m en ts. the aid of businessmen in eliminating to the Clayton Act. It is directed at pre­ 240.12 Competing customers. undesirable practices and abuses without venting competitive inequalities that 240.13 Wholesaler or third party perform­ interfering with legitimate promotional come from certain types of discrimina­ ance of seller’s obligations. and merchandising activities. tion by sellers in interstate commerce. 240.14 Customer’s liability. What the Guides are meant to do. Sections 2 (d) and (e) of the Act deal 240.15 Third party liability for double These Guides can be of great value to with discriminations in the field of pro­ b illin g . businessmen who want to avoid violating motional payments and services made 240.16 Meeting competition. the laws against giving or receiving im­ available to customers who buy for re­ 240.17 Cost justification. proper promotional allowances, includ­ sale. Where the seller pays the buyer to Au th o rity : The provisions of this Part ing advertising or special services, for perform the service, section 2(d) ap­ 240 issued under secs. 5, 6, 38 Stat. 719, as promoting products. The Guides will plies. Where the seller furnishes the serv­ amended, 721; 15 U.S.C. 45, 46; 49 Stat. 1526; make possible a better understanding of ice itself to the buyer, section 2(e) 15 U.S.C. 13, as amended. the obligations of sellers and their cus­ applies. Both sections require a seller to § 240.1 When does the law apply? tomers in joint promotional activities. treat competing customers on propor­ Sections 2 (d) and (e) apply to a seller The Commission’s responsibility is to tionally equal terms in connection with of products in interstate commerce, if he obtain compliance with these laws. It has the resale of the seller’s products of like either directly or through an interme­ a duty to move against violators.1 How­ grade and quality. diary (a) pays for services or facilities ever, as an administrative agency, the Other law involved. In several places, furnished by a customer in connection Commission believes the more knowledge the Guides are concerned with laws other with the distribution of his products than section 2 (d) and (e): [section 2(d)], or (b) furnishes such 1 The Commission has issued many orders (1) A seller who pays a customer for services or facilities to a customer [sec­ to cease and desist which include proscrip­ services that are not rendered, or who tion 2(e) ] who competes with any other tions under section 2 (d) and/or 2 (e ) o f th e overpays for services which have been customer in the resale of the seller’s amended Clayton Act that antedate the rendered, may thereby violate section products of like grade and quality. the Supreme Court’s decision in the matter 2(a) of the Clayton Act, as amended. [Guide 1] of Federal Trade Commission v. Fred Meyer, (See § 240.11.) Inc,, et al., 390 U.S. 341 (1968). In this re­ § 240.2 W ho is a seller? gard, it should be noted that future obliga­ (2) A customer who receives discrimi­ tions of those companies and individuals natory or other improper payments, “Seller” includes anyone (manufac­ under those orders shall be measured against services, or facilities may thereby violate turer, wholesaler, distributor, etc.) who said decision, as supplemented by these section 2(f) of the Clayton Act, as G uides. sells products for resale, with or without amended by the Robinson-Patman Act, further processing. Selling candy to a

No. 103-----3 FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8286 RULES AND REGULATIONS retailer is a sale for resale without proc­ (a) The following are some of the who compete in the resale of the seller’s essing. Selling com syrup to a candy services or facilities covered by the Act products. No single way to proportion- manufacturer is an example of a sale where the seller pays the buyer for fur­ alize is prescribed by law. Any method for resale with processing. nishing them: that treats competing customers on pro­ [Guide 21 Any kind of advertising, including coopera­ portionally equal terms may be used. tiv e a d v ertisin g ; ) Generally, this can best be done by bas­ § 240.3 Who is a customer? H a n d b ills; ing the payments made or the services (a) A “customer” is someone who buys W indow and floor displays; furnished on the dollar volume or on for resale directly from the seller, the Special sales or promotional efforts for which, the quantity of goods purchased during seller’s agent or broker; and, in addition, "push money” is paid to clerks, salesmen, a specified period. Other methods which a “customer” is any buyer otf the seller’s and other employees of the customers; are fair to all competing customers are product for resale who purchases from Demonstrators and demonstrations. also acceptable. or through a wholesaler or other inter­ (b) Here are some examples of serv­ Example 1: A seller may properly offer to mediate reseller. In this part, the word ices or facilities covered by the Act when pay a specified part (say 50 percent) of the “customer” which is used in section 2(d) the seller furnishes them to a customer: cost of local advertising up to an amount of the Act includes “purchaser” which is equal to a set percentage (such as 5 percent) used in section 2(e). Any kind of advertising; of the dollar volume of purchases during a C atalogs; specified time. Note: In determining whether a seller has Demonstrators; Example 2: A seller may properly place in fulfilled his obligations toward his customers, Display and storage cabinets; reserve for each customer a specified amount the Commission will recognize that there may Display materials; of money for each unit purchased, and use he some exceptions to this general definition Special packaging, or package sizes; it to reimburse those customers for the actual of "customer.” For example, the purchaser of Accepting returns for credit; cost of their advertising of the seller’s distress merchandise would not be consid­ Prizes or merchandise for conducting pro­ p ro d u ct. ered a “customer” simply on the basis of such motional contests. Example 3: A seller should not select one purchase. Similarly, a retailer who purchases Note: In this part, the term "services” is or a few customers to receive special allow­ solely from other retailers, or one who makes used to encompass both "services and ances (e.g., 5 percent of purchases) to pro­ only sporadic purchases, or one who does not facilities.” mote his product, while making allowances regularly sell the seller’s product or who is a available oh some lesser basis (e.g., 2 p e r ce n t type of retail outlet not usually selling such [Guide 51 of purchases) to customers who compete with products (e.g., a hardware store stocking a th e m . few isolated food items) will not be con­ § 240.6 Need for a plan. Example 4: A seller’s plan should not pro­ sidered a "customer” of the seller unless the If a seller makes payments or furnishes vide an allowance on a basis that has rates seller has been put on notice that such services that come under section 2 (d) or graduated with the amount of goods pur­ retailer is selling his product. (e) of the Clayton Act, as amended, he chased, as, for instance, 1 percent of the first $ 1,000 purchases per month, 2 percent of (b) “Competing customers” are all should do it under a plan that meets second $1,000 per month, and 3 percent of all businesses that compete in the resale of several requirements. In addition, if over th a t. the seller’s products of like grade and there are many competing customers to Example 5: A seller should not Identify or quality at the same functional level of be considered, or if the plan is at all feature one or a few customers in his own distribution regardless of whether they complex, the seller would be well advised advertising without making the same service purchase direct from the supplier or to put his plan in writing. Briefly, the available on proportionally equal terms to through some intermediary. requirements are: customers competing with the identified customer or customers. Example 1: A manufacturer sells to some (a) The payments or services under E x a m p le 6 : A seller who makes his employ­ retailers directly and to others through the plan should be available on propor­ ees available or arranges with a third party wholesalers. Retailer “X ” purchases the man­ tionally equal terms to all competing to furnish personnel for purposes of perform­ ufacturer’s product from a wholesaler and customers. (See § 240.7.) ing work for a customer should make the resells some of it to retailer •*T.” Retailer (b) The seller should take action same offer available on proportionally equal “X” is a customer of the manufacturer. Re­ designed to inform all of his competing terms to all other competing customers. In tailer “Y” is not a customer unless the fact customers of the existence of and es­ addition the seller should offer usable and that he purchases the manufacturer’s prod­ sential features of the promotion plan suitable alternatives of equivalent measur­ uct is known to the manufacturer. able cost to those competing customers to Example 2: A manufacturer sells directly in ample time for them to take full ad­ whom such services are not usable and to some independent retailers, sells to the vantage of,it. (See § 240.8.) su ita b le . headquarters of chains and of retailer-owned (c) If the basic plan is not func­ cooperatives, and also sells to wholesalers. tionally available to (i.e., suitable for and [Guide 73 The direct-buying independent retailers, the usable by) some customers competing in § 240.8 Seller’s duty to inform. headquarters of chains and of retailer-owned the resale of the seller’s products of like cooperatives, and the wholesalers’ independ­ grade and quality with those being fur­ (a) The seller should take reasonable ent retailer customers are customers of the nished payments or services, alternatives action, in good faith, to inform all his manufacturer. Individual retail outlets competing customers of the availability which are part of the chains or members of that are functionally available should be the retailer-owned cooperatives are not cus­ offered to such customers. (See § 240.9.) of his promotional program. Such noti­ tomers of the manufacturer. (d) In informing customers of the de­ fication should include all the relevant details of the offer in time to enable cus­ [Guide 3] tails of a plan, the seller should provide them sufficient information to give a tomers to make an informed judgment § 240.4 What is interstate commerce? clear understanding of the exact terms of whether to participate. In the alterna­ This term has not been precisely de­ the offer, including all alternatives, and tive, such notification should include a fined in the statute. In general, if there the conditions upon which payment will summary of the essential features and a is any part of a business which is not be made or services furnished. (See specific source to contact for further de­ wholly within one State (for example, § 240.10.) tails on a specific promotion. Where such sales or deliveries of products, their sub­ (e) The seller should take reasonable one-step notification is impracticable, the sequent distribution or purchase, or de­ precautions-to see that the services are seller may, in lieu thereof, maintain a livery of supplies or raw materials), the actually performed and that he is not business may be subject to the Robinson- overpaying for them. (See § 240.11.) continuing program of first notifying all competing customers of the types of pro­ Patman Act. Sales in the District of [Guide 63 Columbia are also covered by the Act. motions offered by the seller and a spe­ § 240.7 Proportionally equal terms. [Guide 4] cific source for the customer to contact The payment or services under the in order to receive full and timely notice § 240.5 What are services or facilities? plan should, be made available to all of all relevant details of the supplier’s These terms have not been exactly de­ competing customers on proportionally promotions. Such notice should also in­ fined by the statute or in decisions. The equal terms. This means that payments form all competing customers that the following are merely examples—the Act or services should be proportionalized on seller offers advertising allowances and/ covers many other services and facilities. some basis that is fair to all customers or other promotional assistance that are

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8287 usable in a practical business sense by on or in the shipping container, the seller sion to have fulfilled his “good faith” all retailers regardless of size. When a may substitute in the notice, as stated above, obligation under this section if he ac­ customer indicates his desire to be put a summary of the types of promotions of-7 fered (e.g., allowances for advertising in companies such procedure with the fol­ on the notification list, the seller should newspapers, hand bills, or envelope stutters; lowing supplementary measures: At keep that customer advised of all pro­ allowances for radio or television advertising; regular intervals (of at least every 90 motions available in his area as long as short term display allowances, etc.) and a days) during the year, a seller who con­ the customer so desires. The seller can> statem ent that such promotions are usable in ducts promotional programs takes af­ make the required notification by any a practical business sense by all retailers re­ firmative steps to verify the effectiveness means he chooses, but if he wants to be gardless of size. In order to insure that such of his notification procedure by making able to show later that he gave notice notices will come to the attention of the spot checks designed to reach a repre­ appropriate personnel it may well be neces­ to a certain customer, he is in a better sary for the seller to supplement notices on sentative cross section of his indirect- position to do so if it was given in writing. shipping containers, especially during the buying customers. Whenever such spot (b) If more direct methods of notifi­initial stages of such a procedure, with addi­ checks indicate that the notification pro­ cation are impracticable, a seller may tional notices, such as trade Journal publica­ cedure is deficient, in that some cus­ employ one or more of the following tions, invoice notices, envelope stuffers for tomers who purchase through whole­ methods, the sufficiency of which will use by wholesalers, etc. salers or other intermediaries are not I depend upon the nature of the indus- B. If a promotional plan simply consists of receiving actual notice of the promotion, providing retailers with display materials, in­ the seller takes immediate steps to ex­ I try and the complexity of his own dis- cluding the materials within the product | tribution system. Different sellers may co n ta in er . pand or to supplement his notification [ find that different notification methods C. Advising customers from accurate and procedure in a manner reasonably de­ j are most effective for them. reasonably complete mailing lists. If the signed to eliminate the repetition or con­ (1) The seller may enter into con­ product may be sold lawfully only under tinuation of any such deficiency in the Government license (alcoholic beverages, future. tracts with his wholesalers, distributors, etc.), informing all license holders would be I or other third parties which conform to sufficient, [Guide 81 the requirements of § 240.13. D. Placing an announcement of the avail­ § 240.9 Availability to all competing (2) The seller may place appropriate ability and essential features of promotional customers. announcements on product containers programs, and identifying a specific source or inside thereof with conspicuous no­ for further particulars and details, at reason­ (a) The plan should be such that all tice of such enclosure on the outside. able intervals in publications which have types of competing customers may par­ general and widespread distribution in the ticipate. It should not be tailored to Where this notification procedure is uti­ trade, and which are recognized In the trade lized, however, the seller should take as means by which sellers announce the favor or discriminate against a .particu­ whatever steps are necessary to help in­ availability of such programs. lar customer or class of customers, but sure that the notice will come to the Example 3: The seller has a wholesaler- should in its terms be usable in a practi­ attention of the customer’s managerial oriented plan whereby he pays wholesalers cal business sense by all competing cus­ personnel. to advertise the seller’s product in the whole­ tomers. This may require offering all salers’ order books, or in the wholesalers’ such customers hiore than one way to (3) The seller may publish notice of price lists directed to retailers purchasing participate in the plan or offering alter­ the availability and essential features of from the wholesalers. He should notify all native terms and conditions to custom­ I a promotional plan in a publication of competing wholesalers of the availability of ers for whom the basic plan is not usable general distribution in the trade. this plan, but the seller is not required to notify retailing customers. and suitable. The seller should not either No te: Whatever procedure is used to give expressly, or by the way the plan oper­ notice to the customer it should prove to be Example 4: A seller who sells on a direct basis to some retailers in an area, and to ates, eliminate some competing cus­ effective in practice. In many instances where customers of wholesalers or other interme­ other retailers in the area through whole­ tomers, although he may offer alterna­ salers, has a plan for the promotion of his diaries are involved and it is necessary to tive plans designed for different cus­ products at the retail level. If the seller coordinate buying for a promotion such as tomer classes. If he offers alternative a one-time buy promotion, a minimum lead directly notifies not only all competing direct plans, all of the plans offered should purchasing retailers, but also all competing time for notification may be 60 days or provide the same proportionate equal­ m ore. retailers purchasing through the wholesalers, as to the availability, terms and conditions of ity and the seller should inform compet­ Example 1 : A seller has a plan for the retaiil the plan, the seller is not required to notify ing customers of the various alternative promotion of his products in Philadelphia. his wholesalers. plans. Some of his retailing customers purchase di­ Example 5: A seller regularly promotes his rectly, and he offers the plan to them. Some (b) With respect to promotional plans products at the retail level, and during the other Philadelphia retailers purchase his offered to retailers, the seller should in­ year he has various special promotional offers. products through wholesalers. The seller may sure that his plans or alternatives do not His competing customers include large use the wholesalers to reach the retailing direct-purchasing retailing customers and bar any competing retailer customers : customers who buy through them, either by smaller customers who purchase through from participation whether they pur­ having the wholesalers notify those retailers wholesalers. Many of the promotions he offers chase directly from him or through a in accordance with § 240.13, or by using the can best be used by his smaller customers wholesaler or other intermediary. wholesalers’ customer lists for direct notifi­ if the funds to which the smaller customers cation by the seller. (c) When a seller, in good faith, of­ are entitled are pooled and used by the fers a basic plan, including alternatives, E xam ple 2 : A seller has a plan for the retail wholesalers in their behalf (newspapers ad­ which is reasonably fair and nondiscrim- promotion of his products in Kansas City, vertisements, for example)'. The seller may j Some of his retailing customers purchase encourage, but not coerce, the retailer pur­ inatory, and refrains from taking any directly and he offers the plan to them. Oth­ chasing through a wholesaler to designate a steps which would prevent any custom­ ers purchase his products through whole­ wholesaler as his agent for receiving notice er, or class of customers, from partici­ salers. The seller may satisfy his notification of, collecting, and using promotional allow­ pating in his program, he shall be obligations to them by undertaking, in good ances for him. If a wholesaler or other inter­ deemed to have satisfied his obligation faith, one or more of the following measures : mediary by written agreement with a to make his plan “functionally avail­ A. Placing on a shipping container or a retailer is actually authorized to collect pro­ able” to all customers, and the failure product package that can reasonably be ex­ motional payments from suppliers, the seller pected to come to the attention of the mana- may assume that notice of, and payment of any customer or customers to par­ I gerial personnel of all retailing customers under, a promotional plan to such a whole­ ticipate in the program shall not be handling the promoted product in time to saler or intermediary constitutes notice and deemed to place the seller in violation enable them to participate in the program payment to the retailer. of the Act. j a conspicuous notice of the availability and [ essential features of his proposal, identifying (c) A seller who follows any proce­ Example 1: A manufacturer offers a plan of short term store displays of varying a specific source for further particulars and dure reasonably designed to inform all I details. In lieu of identifying a source fefr sizes, including some which are suitable for his competing customers of his promo­ each of his competing customers and at the I ,u^^er particulars, brochures describing the details of the offer may be included in the tional program, including any of the same tim e are small enough so that each cus­ tomer is reasonably able to satisfy the re­ I p ip in g containers. If it is impractical to procedures illustrated under Example 2 quirements. The plan also calls for certifica­ nciude the essential features of the proposal above, will be considered by the Commis­ tion of performance by the retailer. Because

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8288 RULES AND REGULATIONS they are reluctant to process any paperwork, signed to reach a representative cross section good faith effort to discharge his obli­ many small retailers do not participate. This of participating retailer customers to ascer­ gations under this part, should include fact is not deemed to place the manufacturer tain proof of performance. The manufacturer in any such agreement provisions that in violation of §240.9 and he is under no has satisfied his obligations of verification obligation to provide additional alternatives. under the Act. the intermediary will: Example 2: A manufacturer offers a plan (1) Give notice to the seller’s cus­ for cooperative advertising on radio, tele­ [Guide 113 tomers in conformity with the stand­ vision, or in newspapers of general circula­ § 240.12 Competing customers. ards set forth in § 240.8; tion. The purchases by some of his cus­ (2) Check customer performance in tomers are too small to permit effective use The seller is required to provide in his conformity with the standards set forth of this offer in promoting the manufac­ plan only for those customers who com­ in § 240.11; turer’s product. The manufacturer may offer pete with each other in the resale of (3) Implement the plan in a manner them a “functionally available” alternative the seller’s products of like grade and which will insure its functional avail­ on proportionally equal terms, such as en­ quality. Therefore, a seller should make velope stuffers, handbills, or other usable ability to the seller’s customers in con­ services furnished by the manufacturer. available to all competing wholesalers formity with the standards set forth in Example 3: The seller’s plan provides for any plan providing promotional pay­ § 240.9. (This must be done whether the furnishing demonstrators to large depart­ ments or services to wholesalers, and plan is one devised by the seller himself ment store customers. He should provide similarly, should make available to all or by the intermediary for use by the usable and suitable alternatives on propor­ competing retailers any plan providing seller’s customers) ; tionally equal terms to those competing promotional payments or services to re­ (4) Provide certification in writing customers who cannot use demonstrators. tailers. With these requirements met, a The alternatives may be usable and suitable and at reasonable intervals that the sell­ services furnished by the seller, or payments seller can limit the area of his promo­ er’s customers have been and are being by the seller to customers for their advertis­ tion. However, this section is not treated in conformity with the ing or promotion of the seller’s product. intended to deal with the question of a agreement. seller’s liability for use of an area prorpo- (b) A seller who negotiates such agree­ [Guide 9] tion where the effect may be to injure ments with his wholesalers, distributors § 240.10 Need to understand terms. the seller’s competition. or third party promoters will be consid­ In informing customers of the details Example 1: Manufacturer A, located in ered by the Commission to have justified of a plan, the seller should provide them Wisconsin and distributes shoes nationally, his “good faith” obligations under this sufficient information to give a clear un­ sells shoes to three retailers who compete section if he accompanies such agree­ with each other and sell only in the Roa­ ments with the following supplementary derstanding of the exact terms of the noke, Va., area. He has no other customers offer, including all alternatives, and the selling in Roanoke or its vicinity. If he measures: At regular intervals (of at conditions upon which payment will be offers his promotion to one Roanoke cus­ least every 90 days) during the year, made or services furnished. tomer, he should include all three, but he •the seller takes affirmative steps to verify can lim it it to them. The trade area selected that his customers are receiving the pro­ [Guide 101 should be a natural one and not drawn portionally equal treatment to which § 240.11 Checking customer’s use of arbitrarily so as to exclude competing they are entitled by making spot checks payments. reta ilers. designed to reach a representative cross Example 2: A national seller has direct- section of his , customers. Whenever such (a) The seller should take reasonable buying retailing customers reselling exclu­ spot checks indicate that the agreements precautions to see that services he is sively within the Baltimore City trade area, paying for are furnished and also that he and other customers within that area pur­ are not being implemented in such a way is not overpaying for them. Moreover, the chasing through wholesalers. The seller may that his customers are receiving such customer should expend the allowance lawfully engage in a promotional campaign proportionally equal treatment, the sell­ confined to the Baltimore area, provided he er takes immediate steps to expand or to solely for the purpose for which it was affords all of his retailing customers within supplement such agreements in a man­ given. If the seller knows or should know the area the opportunity to participate, in­ ner reasonably designed to eliminate the that what he pays or furnishes is not cluding those who purchase through whole­ repetition or continuation of any such being properly used by some customers, salers. discriminations in the future. the improper payments or services Example 3: A seller manufactures and should be discontinued. sells men’s suits and sport jackets (of one Example 1: A seller should not buy ad­ (b) A seller who, in good faith, takes quality level) to retail stores nationally. He vertising time from a radio station and have may restrict allowances to Philadelphia area the station furnish free radio time only to reasonable and prudent measures to retailers for their promotion of sport Jackets certain favored customers of the seller. verify the performance of his competing during a particular season. He should not Example 2: A seller should not participate customers will be deemed to have satis­ restrict allowances in the Philadelphia area in a tripartite promotional plan providing fied his obligations under the Act. Also, a for the promotion of certain styles of sport for in-store promotion of his products unless seller who, in good faith, concludes a jackets unless all retailers of his sport jackets all his competing customers are given an promotional agreement with wholesalers in the area are offered the opportunity to opportunity to participate in the intermedi­ or other intermediaries and who other­ purchase the promoted styles and participate ary’s basic plan and, in the event some can­ wise conforms to the standards of in the promotion. not use the basic plan, a suitable and usable § 240.13 shall be deemed To have satisfied N o t e : The seller should be careful here alternative is made available on proportion­ not to discriminate against customers lo­ ally equal terms. A seller may demonstrate this obligation. If a seller has taken such cated on the fringes but outside the area his good faith effort to discharge his obliga­ steps, the fact that a particular customer selected for the special promotion, since tions, in the event the intermediary operates has retained an allowance in excess of they may be actually competing with those a nondiscriminatory program in a discrimi­ the cost or value of services performed by participating. natory manner, by establishing that he has him shall not alone be deemed to place a an agreement with the intermediary as seller in violation of the Act. [Guide 12] described above and has fulfilled his duty to conduct periodic checks of the intermediary’s Example: A manufacturer gives “function­ § 240.13 Wholesaler or third party per­ performance. ally available” promotional allowances for formance o f seller’s obligations. Example 3 : A seller should not participate cooperative advertising which require placing (a) A seller may, in good faith, enterin a tripartite plan involving many sellers advertisements in whatever medium the into written agreements with interme­ if the customers to whom the plan is offered customer normally utilizes—e.g., radio, news­ diaries, such as wholesalers, distributors is required to purchase the products of other papers, magazines, handbills, etc. The manu­ participating sellers before they are eligible facturer requires that each customer’s or other third parties, including pro­ to receive the benefits of the promotional request for payment be signed and attest that moters of tripartite promotional plans, program. The customer of any one seller the required performance was rendered. which provide that such intermediaries should not be required to purchase or pro­ Further, whenever evidence of the advertis­ will perform all or part of the seller’s mote other sellers’ products as a condition ing—such as a tear sheet or a copy of the obligations under this part. However, the to receiving promotional payments or serv­ invoice from the radio station—is readily interposition of intermediaries between ices from the seller, even though a tripartite available to the customer, the manufacturer program is involved. requires that such evidence accompany the the seller and his customers does not request for payment. In cases in which such relieve the seller of his ultimate re­ (c) Intermediaries administering pro­ verification is not readily available, the sponsibility of compliance with the law. motional assistance programs on behalf manufacturer spot checks in a manner de- The seller, in order to demonstrate his of a seller may violate section 5 of the

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8289

Federal Trade Commission Act if they a store opening, remodeling or special sales qualify for the 50-percent discount. Radio have agreed to perform the seller’s obli­ promotion, etc., unless he has taken such Station A should not furnish Retailer B with affirmative steps as would satisfy a reason­ an invoice that does' not show either the $5 gations under the law with respect to able and prudent businessman that such net cost to Retailer B or the 50-percent dis­ a program which they have represented services are affirmatively offered and other­ count to which the $10 amount is subject. to be usable and suitable for all the sell­ wise made available by such seller on pro­ Example 4: Advertising Agent A purchases er’s competing customers if it should portionally equal terms to all of its other a large volume of newspaper advertising later develop that the program was not customers competing with the customer in space at a low, unpublished negotiated rate. offered to all or, if offered, was not usable the distribution of the seller’s products and Agent A subsequently sells such space to or suitable, or was otherwise admin­ that usable and suitable alternatives are various retailers at a rate lower than each istered in a discriminatory manner. offered them if the basic offer is not suitable could purchase the space from the newspaper. for and usable by them. Agent A should not furnish the retailers in­ Example : Promoter A devises a program for Example 5: Frequently the employees of voices showing a rate charge higher than in-store advertising of grocery products on sellers or third parties such as brokers per­ that actually paid him by the retailers. shopping carts. No alternative means of form in-store services for their grocery re­ participation are provided. Seller B enters tailer customers such as stocking of shelves, [Guide 15] into a contract with A for participation in building of displays and checking or rotating § 240.16 Meeting competition. the program. In fact, some of Seller B’s inventory, etc. A customer operating a retail competing customers do not have shopping grocery business should not induce or receive A seller charged with discrimination carts. Assuming that Seller B is in violation such services when the customer knows or in violation of section 2(d) or section of section 2(d) of the Clayton Act, as should know that such services are not avail­ 2(e) may defend his actions by showing amended, Promoter A may be in violation of able on proportionally equal terms to all of that the payments were made or the section 5 of the Federal Trade Commission the other customers of the seller competing services were furnished in good faith Act for his participation in the program with him in the distribution of the seller’s which resulted in B’s violation. to meet equally high payments made by p ro d u cts. a competing seller to the particular cus­ [Guide 13] E x a m p le 6 : Where a customer has entered into a contract, understanding, or arrange­ tomer, or to meet equivalent services fur­ § 240.14 Customer’s liability. ment for the purchase of advertising with a nished by a competing seller to the par­ Section 2 (d) and (e) apply only to newspaper or other advertising media which ticular customer. This defense, however, sellers and not to customers. However, a provides for a deferred rebate or other reduc­ is subject to important limitations. For customer who knows, or should know, tion in the price thereof, he should advise instance, it is insufficient to defend a any seller from whom he claims reimburse­ charge of violating either section 2(d) or that he is receiving payments or services ment for such advertising that the claimed which are not available on proportion­ rate of reimbursement is subject to a de­ 2(e) solely on the basis that competition ally equal terms to his competitors en­ ferred rebate or other reduction in price. In in a particular industry is very keen, gaged in the resale of the same seller’s the event that any rebate or adjustment in requiring that special allowances be given products, may be proceeded against by the price is received, the customer should re­ to some customers if a seller is “to be the Commission under section 5 of the fund to the seller the amount of any excess competitive.” Federal Trade Commission Act, which payment or allowance. [Guide 16] prohibits unfair methods of competition. [Guide 14] § 240.17 Cost justification. Example T: A customer should not induce § 240.15 Third party liability for double It is no defense to a charge of unlaw­ or receive advertising allowances for special billing. promotion of the seller’s products in connec­ ful discrimination in the payment of an tion with the customer’s anniversary sale or An advertising medium (newspaper, allowance or the furnishing of a service new store opening, unless he has taken such broadcast station, printer of catalogs, for a seller to show that such payment, affirmative steps as would satisfy a reason­ etc.) which (a) publishes a rate schedule service, or facility could be justified able and prudent businessman that such through savings in the cost of manufac­ allowances are affirmatively offered and containing fictitious rates or rates which otherwise made available by such seller on are not reasonably expected to be ap­ ture, sale or delivery. proportionally equal terms to all of its other plicable to a representative number of [Guide 17] customers competing with the customer in advertisers, or (b) furnishes a customer the distribution of the seller’s products and or his representative with an invoice that Promulgated by the Federal Trade that usable and suitable alternatives are of­ does not reflect the customer’s actual net Commission May 29,1969. fered them if the basic offer is not suitable advertising cost, or that does not clearly [ s e a l ] J o s e p h W. S h e a , for and usable by them. state the discounts, rebates, earned re-, Secretary. Example 2 : A customer should not induce bates, etc., to which the invoice amount or receive seller contributions to the cost of [F.R. Doc. 69-6378; Filed, May 28, 1969; his institutional advertising, unless he has may be subject, or to which the invoiced 8 :4 7 a.m .] taken such affirmative steps as would satisfy party may be entitled, may violate sec­ a reasonable and prudent businessman that tion 5 of the Federal Trade Commission such allowances are affirmatively offered and Act if the customer uses such deceptive otherwise made available by such seller on schedule or invoice for a claim for an Title 7— AGRICULTURE proportionally equal terms to all of its other advertising allowance, payment or credit customers competing with the customer in greater than that to which he is en­ Chapter VIII— Agricultural Stabiliza­ the distribution of the seller’s products and tion and Conservation Service that usable and suitable alternatives are of­ titled under the terms of the supplier’s fered them if the basic offer is not suitable promotional program. (Sugar), Department of Agriculture for and usable by them. Example 1: Newspaper A has a “national” SUBCHAPTER F— DETERMINATION OF NORMAL Example 3: A customer, an experienced rate of $1.50 per inch and a “local” rate of YIELDS AND ELIGIBILITY FOR ABANDONMENT buyer, is offered an allowance of 25 percent $1 per inch. Retailer B places an advertise­ AND CROP DEFICIENCY PAYMENTS of his purchase volume by a seller for co­ ment with Newspaper A for a product sold operative advertising to be paid for 100 per­ to him by Supplier C, from whom he is later [S.D. 845.2, Supp. 8] cent by the seller. The customer knows, or to seek reimbursement under Supplier C’s should know, that most cooperative adver­ cooperative advertising plan. Newspaper A PART 845— MAINLAND CANE SUGAR tising programs in the industry allow pay­ should not furnish two bills to Retailer B, AREA ments of from 3 to 7 percent of purchases, one at the “national” rate of $1.50 per inch, and require 50-50 sharing by the seller and the other at the “local” rate of $1 per in c h Approved Local Areas for 1968 Crop the customer. He would be,on notice to in­ actually charged Retailer B. § 845.10 Approved local areas for the quire of the seller and to take such other Example.2: Newspaper A has various pub­ 1968 crop. affirmative steps as would satisfy a reason­ lished rates. Retailer B is a large advertiser able and prudent businessman that such al­ who in the past has earned the lowest rate. For purposes of considering eligibility lowances are affirmatively offered and Newspaper A should not submit monthly in­ of farms for abandonment and crop de­ otherwise made available by such seller on voices to Retailer B at a high rate agreed to ficiency payments on 1968 crop sugar­ proportionally equal terms to all of its other by the parties unless the invoice discloses customers competing with the customer in that Retailer B may receive a rebate. cane pursuant to paragraph (c) of the distribution of the seller’s products. Example 3: Radio Station A has a flat rate § 845.2, as amended (23 F.R. 9255), the Example 4: A customer should not re­ of $10 for 30-second spot announcements, local parish ASC committees in Louisi­ ceive from a seller or intermediary services subject to volume discounts ranging up to ana and the Glades County ASC Com­ such as those performed in connection with 50 percent. Retailer B buys enough spots to mittee in Florida have determined that

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8290 RULES AND REGULATIONS the extent of crop damage as specified agreement and order, and upon other Chapter XIV— Commodity Credit Cor­ and provided in subparagraph (1) (iii) of available information, it is hereby found poration, Department of Agriculture paragraph (c) of § 845.2 has occurred in that the limitation of handling of such the following local producing areas: Valencia oranges, as hereinafter pro­ SUBCHAPTER B— LOANS, PURCHASES, AND OTHER OPERATIONS Louisiana vided, will tend to effectuate the declared policy of the act. [CCC Grain Price Support Regs., 1969 Crop Parishes approved in their entirety: (2) It is hereby further found that it R y e S u p p .] Pointe Coupee. is impracticable and contrary to the pub­ PART 1421— GRAINS AND SIMILARLY St. Charles. lic interest to give preliminary noticè, Terrebonne. HANDLED COMMODITIES West Baton Rouge. engage in public rule-making procedure, Individual local producing areas approved: and postpone the effective date of this Subpart— 1969 Crop Rye Loan and Iberville: Area 3. section until 30 days after publication Purchase Program Lafayette: Area 2; Area 4. hereof in the F ederal R egister (5 U.S.C. S t. M ary: A rea 1; A rea 4. 553) because the time intervening be­ . The General Regulations Governing F lorida tween the date when information upon Price Support for the 1964 and Subse­ All of Florida. which this section is based became avail­ quent Crops (Revision 1) (31 F.R. 5941), able and the time when this section must and any amendments thereto, and the Statement of bases and considerations. become effective in order to effectuate 1966 and Subsequent Crops Rye, Loan This supplement provides public notice the declared policy of the act is insuffi­ and Purchase Program regulations (31 of the local producing areas in Louisiana cient, and a reasonable time is permitted, F.R. 6406), and any amendments thereto, and Florida where due to drought, flood, under the circumstances, for preparation which contain regulations of a general storm, freeze, disease, or insects, the 1968 for such effective time; and good cause nature with respect to price support sugarcane crop has been damaged to the exists for making the provisions hereof operations, are further supplemented for extent that farms located in whole or in effective as hereinafter set forth. The the 1969 crop of rye as follows: part therein will be considered (as to committee held an open meeting during Sec. location) for abandonment and defi­ the current week, after giving due notice ciency payments. Producers on these 1421.2851 Purpose. thereof, to consider supply and market 1421.2852 Availability. farms who have not filed application for conditions for Valencia oranges and the 1421.2853 Maturity of loans. Sugar Act payments with respect to acre­ need for regulation; interested persons 1421.2854 Warehouse charges. age abandonment or crop deficiencies for were afforded an opportunity to submit 1421.2855 Support rates. which they may otherwise be eligible information and views at this meeting; Au t h o r it y : The provisions of this subpart should apply for such payments before the recommendation and supporting in­ issued under sec. 4, 62 Stat. 1070 as amended; December 31, 1970, as provided in 7 CFR formation for regulation during the pe-. 15 U.S.C. 714b. Interpret or apply 6ec. 5, 892.7 (32 F.R. 8413). riod specified herein were promptly 62 Stat. 1072, sec. 105, 401, 63 Stat. 1051 as (Secs. 301, 302, 403, 61 Stat. 929, 930, as submitted to the Department after such amended; 15 U.S.C. 714c, 7 U.S.C. 1421, 1441. amended, 932; 7 U.S.C. 1131, 1132, 1153) meeting was held; the provisions of this § 1421.2851 Purpose. Effective date: Date of publication. section, including its effective time, are identical with the aforesaid recom­ This supplement contains program Signed at Washington, D.C., on May 23, mendation of the committee, and infor­ provisions which, together with the pro­ 1969. mation concerning such provisions and visions of the General Regulations Gov­ Chas. M. Cox, effective time has been disseminated erning Price Support for the 1964 and Acting Deputy Administrator, among handlers of such Valencia Subsequent Crops (Revision 1) and the State and County Operations. 1966 and Subsequent Crops Rye, Loan oranges; it is necessary, in order to and Purchase Program regulations, and [F.R. Doc. 69-6374; Filed, May 28, 1969; effectuate the declared policy of the act, 8 :4 7 a.m .] to make this section effective during the any amendments thereto, apply to price period herein specified; and compliance support loans and purchases with re­ with this section will not require any spect to the 1969 crop of rye. Chapter IX— Consumer and Market­ special preparation on the part of per­ § 1421.2852 Availability. ing Service (Marketing Agreements sons subject hereto which cannot be A producer desiring a price support and Orders; Fruits, Vegetables, completed on or before the effective date loan must request a loan on his eligible Nuts), Department of Agriculture hereof. Such committee meeting was rye on or before March 31, 1970. To ob­ held on May 27,1969. [Valencia Orange Reg. 278] tain price support through sales, a pro­ (b) Order. (1) The respective quanti­ducer must execute and deliver to the PART 908— VALENCIA ORANGES ties of Valencia oranges grown in Ari­ appropriate ASCS county office, on or GROWN IN ARIZONA AND DESIG­ zona and designated part of California before April 30, 1970, a Purchase Agree­ which may be handled during the pe­ ment (Form CCC-614), indicating the NATED PART OF CALIFORNIA riod May 30, 1969, through June 5, 1969, approximate quantity of 1969 crop rye Limitation of Handling are hereby fixed as follows: (1) District 1: 280,000 cartons; he will sell to CCC. § 908.578 Valencia Orange Regulation (ii) District 2: 368,000 cartons; §1421.2853 Maturity of loans. 278. (iii) District 3: 152,000 cartons. (a) Findings. (1) Pursuant to the (2) As used in this section, “handler,” Unless demand is made earlier, all marketing agreement, as amended, and “District 1,” “District 2,” “District 3,” loans on rye will mature on April 30, Order No. 908, as amended (7 CFR Part and “carton” have the same meaning as 1970. 908, 33 F.R. 19829), regulating the han­ when used in said amended marketing §1421.2854 Warehouse charges. dling of Valencia oranges grown in Ari­ agreement and order. zona and designated part of California, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Subject to the provision of § 1421.2847, effective under the applicable provisions 601-674) the schedules of deductions set forth in of the Agricultural Marketing Agree­ Dated: May 28,1969. this section shall apply to rye stored in ment Act of 1937, as amended (7 U.S.C. an approved warehouse operating under F loyd F. Hedlund, 601-674), and upon the basis of the rec­ Director, Fruit and Vegetable the Uniform Grain Storage Agreement ommendations and information sub­ Division, Consumer and Mar­ and an approved warehouse operated by mitted by > the Valencia Orange keting Service. an Eastern common carrier. Administrative Committee, established [F.R. Doc. 69-6480; Filed, May 28, 1969; (a) Warehouses approved under the under the said amended marketing 11:30 a.m.] Uniform Grain Storage Agreement.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8291

S c h e d u l e o p D e d u c t i o n s f o b B a te per CONNECTICUT S t o r a g e C h a r g e s Terminal market bushel B a te per D edu c­ C o u n ty Atchison, Kans______$ 1 .2 1 bu sh el tio n All counties ( cen ts Kansas City, Mo______1.2 1 per St. Joseph, Mo______l . 21 DELAWARE Chicago, 111______1 .3 1 Maturity date Apr. 30,1970 "bushel) All counties Milwaukee, Wis______1 .3 1 __ $ 1 .1 4 (x) ______Memphis, Tenn ______1 .3 2 FLORIDA Prior t o M ay 16, 1969______13 St. Louis, M o... ______- ______1. 32 All counties May 16-June 12______„______12 Galveston, Tex ______1. 31 — $ 1.20 June 13-July 10______11 H o u sto n , T ex ______l . 31 GEORGIA J u ly 1 1-A u g. 7 ------10 Port Arthur, Tex ______1 .3 1 All comities. . . $ 1.20 A ug. 3 -S e p t. 4 ______: 9 Beaumont, Tex ______1 .3 1 Sept. 5-Oct. 2 ______;____ ;_z ____ 8 Long Beach, Calif______; l . 34 IDAHO O ct. 3 -O c t. 3 0 ______!______7 Los Angeles, Calif______1. 34 B a te p er Oct. 31-Nov. 27— ______:______6 B a te per Oakland, Calif___. . . ______1 .3 4 C o u n ty bushel County bu sh el N ov. 2 8 -D ec. 2 5 ______5 San Francisco, Calif______1.34 A d a ______$1.04 Gem ____ — $ 1 .0 4 Dec. 26, 1 9 6 9 -J a n . 22, 1970______4 Stockton, Calif____ .______l . 34 A dam s __ 1.04 Gooding ___ — 1.01 Jan. 23-Feta. 19______3 Wilmington, Calif______l . 34 B a n n o ck .9 5 Id a h o — 1.10 Feb. 20-Mar. 19______2 Astoria, Oreg______1. 32 B ear L ak e__ .9 2 Jefferson _ .9 2 Mar. 20-A pr. 30, 1970______1 K alam a, W a sh ______. 1.32 B en ew a h __ __ 1.12 ' J e r o m e ____ - 1.00 Longview, Wash ______1.32 1 Dates storage charges start, all dates B i n g h a m __ — .9 3 K o o t e n a i __ _ . 1.11 P o rtla n d , O reg______1.32 in c lu siv e . B la in e .9 7 L a t a h ___ __ 1. 12 Seattle, Wash ______1.32 B o ise ____ 1 .0 3 L e m h i____ _ .9 2 Tacoma, Wash ______1,32 (b) Warehouse operated by an East­ B o n n e r ____ - 1 .0 7 L ew is _____ 1.10 Vancouver, Wash ______1.32 ern common carrier. (1) Eligible rye Bonneville . . 92 Lincoln ... .9 9 Albany, N.Y ______1.45 stored in the following approved Eastern B o u n d a ry __ — 1 .0 5 M ad ison . 91 Baltimore, Md_i______1.45 B u t t e _____ .9 3 M in id o k a __ — .9 9 common-carrier warehouse may be placed N ew Y ork, N .Y ______1.45 C am as — .9 7 N ez P erce__ ._ 1. 12 under loan or offered for sale to CCC: Norfolk, Va____ - ______1.45 C an yon ____ ._ 1 .0 4 O n e i d a ____ .9 5 Philadelphia, Pa ______1.45 Pennsylvania Railroad Co.,- Canton Elevator, C a r ib o u ___ .9 4 O w y h e e ___ _ . 1 .0 4 W arehouse Code 9—2151, Baltimore, Md. (b) County support rates. The follow­ C a s s ia _____ .9 8 P a y e t t e ___ _ . 1 .0 4 (2) Schedule of deductions for storage ing basic county support rates per bushel C lark _____ .9 1 P o w er ____ .9 6 charges: Clearwater ___ 1.10 S h o sh o n e __ — .9 7 for loan and settlement purposes for C u s t e r ______.93 Teton —.— .9 0 D edu c­ farm stored and country warehouse E lm o r e ______1 .0 3 Twin Falls. . 98 tio n F r a n k l i n __ _ . .9 5 V a l l e y ______. 1 .0 3 (cen ts stored rye, are established for rye grad­ F r e m o n t ___ .9 0 W a sh in g to n _ 1 .0 4 Maturity date per ing No. 2 or better, or No. 3 on factor of Apr. 30, 1970 bu sh el) test weight only. ILLINOIS 1 2______1969 R y e P r i c e S u p p o r t P r o g r a m —B a s i c A d a m s ____ - $ 1.12 L a k e ______$ 1 .1 7 Prior to June 25, 1969_____- ______16 C o u n t y P r i c e S u p p o r t R a t e s Alexander — 1.10 L a S a lle ______1 .1 7 J u n e 2 5 -J u ly 14______— ------15 ALABAMA B o n d ______1 .1 3 L a w r e n c e ____ 1. 08 J u ly 15-A u g. 3 ______14 R ate per B o o n e ------1 .1 7 L e e ______1 .1 7 A ug. 4 -A u g . 2 3 ______13 bu sh el B ro w n ______1.12 Livingston ___ 1 .1 5 Aug. 24-Sept. 12______12 All counties.. B u r e a u ------1 .1 6 L o g a n ______1. 12 S ep t. 1 3 -O ct. 2 ______11 C a lh o u n _____ 1.11 M c D o n o u g h __ 1.10 Oct. 3-Oct. 22 ______10 ARIZONA C a r r o l l------1 .1 5 M c H e n r y ____ 1 .1 7 Oct. 23-Nov. 11______9 C ass ------1. 10 M cL ean _____ 1 .1 3 All counties Nov. 12-Dec. 1______,______8 C h a m p a ig n __ 1 .1 3 M acon ______1. 11 D ec. 2 -D e c . 2 1 ______7 ARKANSAS C h r is t ia n ____ 1. 10, M a c o u p i n ___ 1. 13 Dec. 22, 1969-Jan. 10, 1970______6 C la r k ______1.00 M a d is o n _____ 1 .1 4 Jan. 1 1 -J a n . 3 0 ______5 All counties . $ 1 .0 3 C lay _— — 1.10 M a r i o n __ 1. 13 Jan. 31-Feb. 19— ______4 C lin t o n ______1 .1 5 M a rsh a ll ____ 1 .1 5 CALIFORNIA Feb. 20-M ar. 11______3 C o l e s ______1.11 M a s o n ______1.11 M ar. 12-M ar. 3 1 ______2 B a te C o o k ______1 .1 8 M a s s a c ______1 .0 9 Apr. 1-Apr. 30, 1970------1 R a te per p er C r a w f o r d ____ 1.10 M e n a r d ______1.11 1 Charges shall be reduced by 2 cents per C ou n ty bu sh el C ou n ty bu sh el Cumberland _ 1.11 M ercer 1 .1 4 D e K a lb ______1 .1 7 M o n r o e ______1. 12 bushel if producer presents evidence that C o l u s a _____ . $1. 19 R iversid e ___ . $ 1 .1 6 D e W itt______1.12 Montgomery _ 1. 12 elevation charges were prepaid. Contra Costa - 1.20 San Joaquin. . 1.22 D o u g l a s _____ 1.12 M o r g a n ______1. 12 G l e n n ______1 .1 8 S h a sta a Storage commence date, all dates inclu­ _ 1 .0 7 D u P a g e _____ 1 .1 8 M o u ltrie ____ K e r n ______- 1. 17 1.12 sive. S ierra ______1.01 E d g a r ______1.10 L a ssen ______1.02 O gle ------1 .1 6 S isk iy o u - 1 .0 7 E d w a r d s _____ 1.11 § 1421.2855 Support rates. M a r i n ______- 1.20 P e o r i a ______1 .1 4 S o n o m a _ 1 .1 9 E f f in g h a m ___ 1.10 P erry M erced ______1.21 ______1. 10 (a) Basic terminal rates. The following S t a n i s l a u s __ _ 1.21 F a y e tte ______1.10 M o d o c ______1 .0 7 P i a t t ______1. 12 rates for rye grading No. 2 or better, or Y u b a ______- 1. 19 1 .1 5 P l u m a s ______1 .0 9 F ord ______P i k e ______1.12 No. 3 on the factor of test weight only, F r a n k l i n ____ 1.10 P o p e ______1 .0 8 for loans and settlement purposes are to COLORADO F u l t o n ______1 .1 3 P u l a s k i ______1.10 G a lla tin _____ 1 .0 5 P u tn a m _____ 1. 14 be applied in accordance with § 1421.2849 B a te to rye stored in approved terminal ware­ R a te G r e e n e __ 1. 13 R a n d o lp h ____ 1.10 per p er G ru n d y _____ 1 .1 6 R i c h l a n d ____ 1. 09 houses at the following terminal mar­ C ou n ty bu sh el C ou n ty bu sh el H a m i lt o n ___ 1 .0 9 Rock Island __ 1. 14 kets: A dam s _____ . $0.88 Lab Animas. . $ 0.88 H a n c o c k __ _ 1.10 St. Clair _ _ 1. 13 1969 R ye P rice S upport P rogram A rapahoe ___ .88 L in c o ln _____ .88 H ard in ______1 .0 4 S a l i n e ____ _ 1 .0 5 B a c a ______.9 0 (Terminal Markets and Basic Price Support L o g a n ______.88 H e n d e r s o n ___ 1 .1 3 S a n g a m o n ___ 1.11 B e n t ______- .8 9 Rates Grading No. 2 or Better, or Grading M organ ____ .88 H en ry ______1 .1 4 S c h u y ler ____ 1.12 B o u l d e r ____ _ .88 O te r o ______No. 3 on the Basis of Test Weight Factor .88 I r o q u o is _____ 1 .1 5 S c o tt ______1.12 O nly) C h e y e n n e ___ .9 1 P h illip s ____ - .9 1 J a c k s o n _____ 1.10 S h e lb y _____ «. 1.11 C r o w le y ______.88 B a te per P r o w e r s ____ - .9 0 J a s p e r ______1.11 S ta rk ___ 1 .1 4 D e n v e r ______.88 Terminal market bushel P u eb lo .88 J e f f e r s o n ____ 1 .1 7 S t e p h e n s o n __ 1. 16 D o u g la s .88 S e d g w ic k ___ . .9 1 J ersey ______1. i s T a zew ell ____ 1. 12 Omaha, Nebr______$ 1.18 E l b e r t ______.88 W ashington _ .88 J o D a v ie ss____ 1 .1 4 U n i o n ______1.10 Sioux City, Iowa ______1.1 8 E l P a s o ____ _ .88 W e l d ______.88 J o h n s o n _____ • 1 .0 6 V e r m i l i o n ___ 1. 14 D u lu th , M in n ______1.2 2 J efferso n ___ .88 Y u m a ______.9 0 K a n e ______1 .1 8 W a b a sh _____ 1. 11 Minneapolis, M in n ______1.22 K i o w a ______- .9 0 A ll o th er K a n k a k e e ____ 1 .1 7 W arren _____ 1. 14 Saint Paul, Minn ______:______1. 22 K it C arson___ .9 0 c o u n t i e s __ .8 9 K e n d a l l _____ 1 .1 7 Washington _ 1.10 Superior, W is______1.22 L arim er _ .88 K n o x ______1 .1 4 W a y n e ______1. 13

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8292 RULES AND REGULATIONS

I l l i n o i s — c o n tin u e d I o w a — c o n tin u e d MARYLAND R a te p er R a te per R a te per R a te p er Rate per County bushel County bushel County bushel County bushel County bushel W h i t e ______$ 1 .0 5 W illia m s o n __ $ 1.11 M i l l s ______$ 1.00 S c o t t ___- ____ $ 1 .0 8 All counties ______$ 1 .1 4 W h i t e s i d e ___ 1.16 Winnebago __ 1 .1 7 M i t c h e l l _____ .9 9 S h elb y ______1.00 MASSACHUSETTS W i l l ------1.17 Woodford ____ 1 .1 4 M o n o m a _____ .9 9 S io u x ______.9 8 M onroe 1 .0 5 S to ry ______1.01 All counties $1.14 INDIANA Montgomery _ 1.00 T a m a ______1 .0 3 MICHIGAN A d a m s ______$1.04 Lawrence ____ $ 1 .0 5 M u s c a t in e ___ 1 .0 8 T a y lo r ______1.01 O ’B r i e n ______U n i o n ______1.02 A lle n ______1. 04 Madison ------1 .0 5 « .9 6 R a te p er R a te per | .9 7 V a n B u r e n ___ 1 .0 6 Bartholomew 1.02 M a r i o n ______1 .0 3 O sceola _____ C o u n ty bu sh el County bushel 1 P a g e ______1.01 W a p e llo _____ 1. 04 B e n to n _____ 1.11 M arsh all ____ 1 .0 7 A l c o n a ______$ 0 .9 6 L e e l a n a u ____ $ 0 .9 4 1 P a lo A lto _____ .9 7 W arren ______1.02 B la ck fo rd ___ 1 .0 6 M a r t i n ______1 .0 4 A lger ______.97 Lenawee _____ 1 .0 7 1 P l y m o u t h ___ .99 Washington _ 1.04 B o o n e _____ - 1 .0 4 M ia m i------1 .0 7 A lle g a n ______1 .0 5 L iv in g s to n ___ 1. 0 5 1 P o c a h o n t a s __ .9 7 W ayn e ______1 .0 4 B ro w n ______1.01 M onroe ______1 .0 8 A r e n a c ______1 .0 0 L u ce ______. 9 3 1 P olk _____ 1.01 .9 9 C a r r o ll______1 .0 8 Montgomery _ 1 .0 6 W e b s t e r _____ B a r r y ______1.05 Mackinac ____ . 9 3 1 Pottawat- Winnebago __ .9 9 C ass ______1 .0 8 M o r g a n ______1.02 B a y ------__ 1 .0 2 M a c o m b _____ 1 .0 6 t a m i e _____ 1.00 W in n e s h ie k __ 1. 03 C la r k ______1.00 N e w t o n ______1 .1 3 B e n z i e ____ .9 6 M a n i s t e e ____ . 9 8 1 P o w e s h ie k ___ 1 .0 3 W o o d b u r y ___ .9 8 C lay ------1 .0 8 N o b le ______1 .0 4 B e r r ie n ______1 .0 7 M a r q u e t t e ___ . 9 7 | R i n g g o l d ____ 1.00 W o rth ______.« 9 1. 07 1 .0 3 B r a n c h ______1 .0 6 M a s o n ______• 9 9 1 S a c ______.9 8 C r a w f o r d ____ 1.11 O range ______1 .0 9 . 99 W right ______C a lh o u n ___ __ 1 .0 6 M e c o s t a _____ 1 .0 0 1 D a v i e s s ______1.01 O w en ______1.02 KANSAS C a s s ______1 .0 7 M e n o m in e e __ l . O l l D e a r b o r n ____ 1 .0 3 P ark e ______1 .0 5 Charlevoix ___ .9 1 M id la n d _____ 1 .0 0 A l l e n ______$ 1 .0 3 L i n n ______$ 1 .0 3 D e c a tu r _____ 1.01 Perry ______1.11 Cheboygan __ .91 M is s a u k e e ___ . 98 ’ A n d e r s o n ____ L o g a n ______.9 4 D e K a lb ______1 .0 4 P ik e ______1 .0 8 1 .0 3 C h ip p ew a ___ .93 Monroe ______1 .0 7 L y o n ______1 .0 3 D e la w a r e ____ 1. 04 P o r t e r ______1.11 A t c h i s o n ____ 1 .0 3 C lare ______1 .0 0 M o n t c a l m ___ 1 . 0 2 | M c P h e r s o n __ 1.00 D u b o i s ______1.12 P o sey ______1 .0 9 B arber ______.9 8 Clinton __ 1.03 Montmorency. .9 4 M arion ______1.00 E lk h a r d t ____ 1 .0 7 P u la sk i _____ 1 .0 9 B a rto n ______.9 8 C r a w fo r d __ .9 6 M u s k e g o n ___ 1 . 0 2 | 1.03 Marshall_____ 1. 03 P a y e t t e ______1 .0 3 P u t n a m _____ 1 .0 3 B o u rb o n ____ D e l t a ______.99 Newaygo ____ 1. 00: 1 B r o w n ______M e a d e ______.9 4 F lo y d ------1.10 R a n d o lp h ____ 1 .0 5 1 .0 3 Dickinson ___ 1 .0 0 O a k la n d _____ 1. 0 5 1 1.00 M ia m i______1 .0 3 F o u n t a i n ____ 1 .0 4 R ip le y ______1.01 B u tle r ______E a t o n ______1 .0 5 O c e a n a ______1. 00I 1.02 M i t c h e l l _____ 1.00 F r a n k l i n ____ 1 .0 4 R u sh ______1 .0 3 C hase ______E m m e t ______.9 1 O g e m a w _____ . 98 j 1.02 Montgomery _ 1.03 F u l t o n ______1 .0 8 S t. J o sep h ____ 1 .0 7 Chautauqua . G e n e s e e ___ __ 1 .0 3 O n to n a g o n __ . 96 ; 1.02 G i b s o n ______1.10 S c o t t ______1.00 C h e r o k e e ____ 1 .0 3 M o r r is ______G la d w in ___ __ 1 .0 0 O sceo la ______1. 00 M o r t o n ______.9 0 G r a n t ______1.06 Shelby ------1.02 C h e y e n n e ____ .9 3 G o g e b i c ___ „ .9 7 O s c o d a ______. 9 6 1 C lark ______. 94 N e m a h a _____ 1 .0 3 G r e e n e ______1.02 S p e n c e r _____ 1.11 G rand O t t a w a ______1 .0 3 : N e o s h o ______1 .0 3 H a m i lt o n ____ 1 .0 4 S t a r k e ______1 .0 9 C lay ------1. 01 T raverse . .9 6 Presque Isle __ . 9 1 1 N ess ______.9 7 H a n co ck _____ 1 .0 3 S tu e b e n _____ 1 .0 4 C l o u d ______1.01 G r a t io t ______1 .0 2 Roscommon _ .9 8 N o r t o n ______. 98 H a rriso n ____ 1.10 S u l l i v a n _____ 1 .0 9 C o f f e y ______1 .0 3 Hillsdale — __ 1 .0 7 S a g in a w _____ 1 . 0 2 | 1 .0 3 H e n d r ic k s ___ 1.04 Switzerland __ 1.01 C o m a n c h e ___ .9 6 O sage ______H u ro n ______1 .0 3 S t. C la ir _____ 1 .0 5 .9 9 H e n r y ______1.04 Tippecanoe __ 1 .0 7 C o w l e y ______1.00 O sb orn e _____ I n g h a m ___ __ 1 .0 5 S t. J o se p h ____ 1. 0 6 1 ______H o w a r d ______1 .0 7 T i p t o n ______1 .0 5 C raw ford ____ 1 .0 3 O t t a w a 1.00 Trmla _ 1. 03 Sardine . _ . 1. 0 3 1 P a w n e e ____ _ .9 8 H u n t in g t o n __ 1 .0 4 U n i o n ____ _ 1 .0 3 D e ca tu r _____ .9 6 I o s c o ______.9 8 Schoolcraft __ .9 3 1 .9 8 J a c k s o n _____ 1.01 Vanderburgh 1.14 D i c k i n s o n ___ 1.00 P h illip s _____ Iro n _____ .9 7 S h ia w a s s e e __ 1 .03 P o tta - J a sp er ______1.11 V e r m illio n ___ 1. 14 D o n i p h a n ___ 1 .0 3 I s a b e l l a ___ __ 1 .0 0 T u s c o l a _____ 1. 03J w a t o m i e ___ J a y ------1 .0 4 V ig o ------1 .1 5 D o u g la s _____ 1 .0 3 1 .0 3 J a c k s o n ___ __ 1 .0 6 V an B u r e n ___ 1 .0 6 J e f f e r s o n ____ 1 .0 0 W a b a sh _____ 1 .0 7 E d w a r d s _____ .9 8 P r a tt ______.9 8 K a lm a zo o .__ 1 .0 6 W a sh ten a w __ 1. 05 1 Fife 1. 02 R a w lin s .9 4 J e n n i n g s ____ 1.01 W a r r e n ______1.10 K a lk a sk a —-- .9 6 W a y n e ______1 .0 5 I R e n o ______.9 9 J o h n so n _____ 1.02 W a r r i c k _____ 1 .1 3 E llis ______.9 8 K e n t ______1 .0 3 W e x fo r d _____ .9 8 1 R e p u b lic ____ 1.01 K n o x ______1 .0 6 Washington _ .9 9 E l l s w o r t h ___ .9 9 L a k e ______1 .0 0 A ll o th er .9 4 R i c e ______.9 9 K o s c i u s k o ___ 1 .0 7 W a y n e ______1 .0 4 F i n n e y ______L apeer ____ — 1 .0 3 c o u n t ie s ___ .9 4 I 1 .0 5 W e ills 1 .0 4 Ford ______.9 6 R i l e y ______1 .0 3 L a k e ______1 .1 4 W h i t e ______1.10 F r a n k lin ____ 1 .0 3 R ook s ______.9 8 MINNESOTA La P o r te ___ 1 .0 9 W h i t l e y _____ 1 .0 6 G eary ______1.02 R u s h ______.9 8 G ove ______.9 6 R u s s e l l ______.9 8 A i t k i n ______$ 1 .1 0 Koochiching _ $1. 02 I IOWA G rah am _____ .9 7 S a l i n e ______1. 00 A n ok a ______1.09 Lac Qui Parle. 1 .0 6 1 A d a ir ______$0.99 Fayette ______$ 1 .0 4 G r a n t ______.9 3 S c o tt _ ___ _ .9 5 B e c k e r ______1.03 Lake of the A d am s ______1.00 F lo y d ______.9 8 G r a y ______.9 5 S e d g w ic k ____ 1.00 B e l t r a m i ____ 1 .0 5 W o o d s _____ 1. 00 I A lla m a k e e ___ 1 .0 3 F r a n k lin ____ 1. 0Î G reeley _____ .9 3 S e w a r d ______.9 2 B e n to n _____ 1 .0 9 Le S u eu r _____ 1 .0 9 I A p p a n o o s e ___ 1.05 Fremont _____ 1.00 G r e e n w o o d __ 1 .0 3 S h a w n ee ____ 1 .0 3 B ig S t o n e ___ 1 .0 5 L in c o ln ___ 1 .0 4 A u d u b o n ____ .9 9 G r e e n e ______.9 8 H a m i l t o n ____ .9 3 S h e r i d a n ____ .9 6 B lu e E a rth ___ 1. 09 L y o n ______1. 06 ; B e n to n _____ 1. 04 G ru n d y _____ 1.02 H arper ______.9 9 S h e r m a n ____ .9 3 B ro w n ______1.08 McLeod _____ 1 .0 9 ■ B la ck H aw k__ 1. 03 G u th r ie _____ .9 8 H arvey ______1.00 S m i t h ______.9 9 C a rlto n _____ 1 .1 0 M a h n o m en __ 1 .0 1 ■ B o o n e ______.9 9 H a m i lt o n ____ 1.01 H a s k e ll______.9 4 S t a f f o r d _____ .9 8 C a r v er ______1.09 Marshall ____ .9 9 ■ B rem er _____ 1.02 H a n c o c k _____ .9 8 H o d g e m a n ___ .9 7 S t a n t o n _____ .9 2 C ass ______1 .0 7 M a r t i n ______1 .0 7 ■ B u c h a n a n ___ 1 .0 3 H a r d i n ______1.01 J a ck so n _____ 1 .0 3 S te v e n s _ ___ .9 2 C h ip p e w a ___ 1 .0 7 M e e k e r ______1 .0 9 ■ Buena Vista __ .9 7 H a r r is o n _____ 1.00 J e f f e r s o n ____ 1 .0 3 S u m n e r _____ 1.00 C h i s a g o _____ 1 .0 9 M ille L a cs____ 1 .0 9 1 B u tle r ______1.02 H enry ______1 .0 6 J e w e l l ______1.00 T h o m a s _____ .9 5 C l a y ------1 .0 1 M o r r is o n ____ 1. 07 1 C a lh o u n _____ .9 8 H ow ard _____ 1. 02 J o h n s o n _____ 1 .0 3 T rego ______.9 7 C le a r w a te r ___ 1 .0 4 M ow er ______1.09 1 C a r r o l l______.98 Humboldt ___ .9 8 K e a r n y ______.93 Wabaunsee __ 1 .0 3 Cottonwood - 1 .0 6 M urray ______1 . 0 5 J C ass ______.9 8 Id a ______.9 7 K i n g m a n ____ 1.00 W a lla ce _____ .9 3 Crow W in g ___ 1.08 Nicollet _____ 1 .0 9 | C edar ______1. 06 I o w a ______1 .0 4 K i o w a ______.9 8 Washington _ 1.02 D a k o ta — - — 1.09 Nobles ______1 .0 2 I Oerro Gordo__ .9 8 J a c k s o n _____ 1 .0 9 L a b e t t e ______1.03 Wichita _____ .9 4 D od ge ______1. 09 N o r m a n _____ 1 .0 0 ; C h e r o k e e ____ 1.00 J a sp er ______1.02 L a n e ______.9 6 W i l s o n ______1 .0 3 D o u g l a s _____ 1.06 Olmsted _____ 1 .0 9 | C h ic k a s a w ___ 1.02 J e f f e r s o n ____ 1 .0 5 Leavenworth _ 1. 03 W o o d so n ____ 1 .0 3 F a r ib a u lt ____ 1. 08 O tter T a i l ___ 1 .0 5 J C larke ______1.02 J o h n s o n _____ 1 .0 6 L in c o ln ______.9 9 W y a n d o t t e __ 1 .0 3 F illm o r e _____ 1.06 Pennington __ 1. 00 1 C lay ------.9 7 J o n e s ______1. 06 F r e e b o r n ____ 1. 08 P in e ______1 .0 9 ■ KENTUCKY C la y to n _ ___ 1 .0 4 K eo k u k _____ 1 .0 3 G o o d h u e ____< 1.09 Pipestone ____ 1 .0 2 I C lin to n _____ 1 .0 7 K o s s u t h _____ .9 8 Rate per G ra n t ______1 .0 5 P o lk ______l . O l l C r a w f o r d ____ 1.00 L ee ______1 .0 8 County bushel H e n n e p in ____ 1 .0 9 P o p e ______1 .0 7 1 D a l l a s ______1.00 L in n ______1 .0 5 All counties ______$ 1 .1 4 H o u s t o n _____ 1. 04 R a m s e y _____ 1 .0 9 ■ D a v is ______1 .0 6 L o u isa ______1 .0 6 H u b b a r d ____ 1.04 Red Lake ____ l . O l l D eca tu r _____ 1.02 L u cas ______1.02 LOUISIANA I s a n t i ______1.09 Redwood ____ 1 .0 8 1 D e la w a r e ____ 1 .0 4 L y o n ______.9 6 I ta sc a _ ____ 1 .0 9 R e n v i l l e _____ 1 .0 9 I D es M o in es___ 1 .0 7 M a d iso n ____ 1. 01 All parishes______—_— ------$1. 05 J a c k s o n _____ 1 .0 6 R ic e ______1 .0 9 1 D i c k i n s o n ___ .9 7 M a h a s k a ____ 1 .0 3 K a n a b e c ____ 1.09 Rock ______l . o o l MAINE D u b u q u e ____ 1 .0 5 M arion ______1 .0 3 K a n d iy o h i___ 1. 09 Roseau ______. .9 7 1 E m m et .9 9 M a r s h a ll_____ 1.02 A ll c o u n tie s ______( 1 .1 4 K i t t s o n ______.96 St. Louis_____ 1 .0 3 I

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8293

M i n n e s o t a — c o n tin u e d m o n t a n a — c o n tin u e d N E W M EXICO per hel R a te p er R a te per R a te p er R a te per R ate per County '•bushel C ou n ty bu sh el County bushel C ou n ty bu sh el C ou n ty bu sh el S c o tt ______— $ 1 .0 9 W a d e n a ___ __ $ 1 .0 6 F a llo n ______$0.81 Petroleum ___ $ 0 .8 2 All counties -_ $ 0 .9 0 Sherburne ___ 1.09 Waseca __ 1 .0 9 F ergu s ____ .86 P h i l l i p s ___ .7 3 S ib ley ______1 .0 9 W a sh in g to n . 1 .0 9 F la th e a d ____ .9 9 Pondera _ _ .8 7 N E W Y O RK 1 .14 S tea rn s ______1 .0 9 W a to n w a n _— 1 .0 8 G a lla tin ____ .9 5 Powder Biver_ . 76 AIL counties $ 1 .1 5 S tee le ______1 .0 9 W ilk in ______1 .0 3 G a r f ie ld _____ .7 6 P o w ell ____ .9 5 S tev e n s ___ — 1.06 Winona __ 1 .0 9 G la c i e r ____ .88 Prairie _ __ .7 9 NORTH CAROLINA S w ift ______1 .0 7 W r i g h t ______1 .0 9 Golden Valley- per .8 7 B a v a l l i ____ .9 4 All counties -- $ 1 .1 8 h el T o d d ______1 .0 7 Y ello w G r a n i t e _____ .9 4 Bichland __ .78 ). 94 T raverse ___ _ 1 .0 4 M ed icin e __ 1 .0 7 H ill . .8 3 B o o s e v e lt __ __ .7 6 NORTH DAKOTA L. 07 W abasha -- __ 1 .0 9 J e f f e r s o n ____ .9 3 Bosebud __ .81 Judith Basin- R a te p er L. 05 MISSISSIPPI .86 S a n d ers .9 7 R a te per Lake ...... County bushel C o u n ty . 931 R a te per .9 4 S h e r i d a n __ .7 5 bu sh el L ew is a n d A d a m s ______$0. 87 M clean . 931 C ou n ty b u sh el Silver Bow_ .9 5 — $ 0 .8 6 C l a r k ____ .8 7 Stillwater _— .8 7 B arn es .9 6 M ercer .8 6 All counties .9 8 $ 1 .1 4 L ib e r t y ______.8 5 Sweet Grass .90 B en so n .8 9 M orton . -- .8 9 .9 7 L i n c o l n _____ .9 9 Teton _ _ ' .8 7 B illin g s .8 5 M o u n tra il _ .8 2 . 9 9 1 M cCone .7 7 T o o le ____ .8 7 B o t t i n e a u ___ .8 3 N e lso n .9 4 [. 00 R a te p er R a te per M adison .9 5 Treasure 1_ .82 B o w m a n . .8 6 O liver .8 7 C ou n ty n il bu sh el C ou n ty bu sh el M eagh er ____ .9 0 V a l l e y ____ .7 2 B u r k e ______.8 2 P e m b i n a __ .9 5 A d a ir ______$ 1 .0 7 L in n || onl __ $ 1 .0 6 M in eral ...... 9 7 Wheatland _ . 8 8 B u r le ig h ____ - .9 0 P ierce .8 7 A ndrew — 1.02 Livingston _ . 9 b | __ 1 .0 3 M i s s o u l a ____ .9 7 Wibaux _ _ .82 C ass _ __ __ .9 8 B a m s e y ____ - .9 1 A tc h is o n ___ __ 1.02 0 7 1 M cD on ald _ — 1.02 M usselshell__ .8 5 Yellowstone .8 7 C avalier .9 0 B a n so m - .9 8 A u d ra in 021 __ 1 .0 9 M acon _ — 1 .0 7 Park .9 3 D ick ey __ __ . 97 B e n v ille .8 2 041 B arry _ __ 1 .0 5 M a d is o n __ __ 1 .1 5 D iv id e _ ____ .8 1 B ic h la n d __-- 1 .0 1 B a rto n 021 __ 1 .0 3 M a r i e s ______1.10 NEBRASKA D u n n .8 5 B o le tte .8 6 001 B a t e s ______1 .0 4 M arion ___ - 1 .0 9 E ddy _ _ _ _ .9 2 S a rg en t 1 .0 0 0 5 1 B en to n __ 1 .0 5 M ercer _ 1.02 A dam s _ $ 1 .0 0 J e f f e r s o n ____ $ 1 .0 2 E m m o n s _____ .9 1 S h e r i d a n __ .8 8 00 B o llin g e r __ — 1 .1 4 M iller — 1 .0 7 A n t e l o p e ___ _ 1 .0 0 J o h n s o n _____ 1 .0 3 F o ster ___ .9 3 S io u x _____ .8 9 . 991 B oone — 1 .0 9 Mississippi _— 1. 11 A rth u r .9 2 K earn ey .9 8 Golden Valley .8 2 S l o p e ______.8 7 9 0 1 B u c h a n a n ___ 1 .0 5 M o n it e a u __ - - 1 .0 7 B a n n er .8 6 K e ith .9 2 Grand Forks_ .9 7 Stark . 87 o o l B u t le r ____ 1. 12 M o n r o e ___ __ 1 .0 9 B la in e .95 Keyapaha ___ .9 6 G r a n t ______.8 8 S t e e l e _____ — .9 6 C aldw ell _ . 9 6 1 __ 1.02 M on tgom ery - 1.11 B o o n e . . . _ 1 .0 0 K i m b a l l _____ .8 8 G riggs ---- .9 5 S tu ts m a n - .9 4 j a l C a lla w a y __ __ 1 .0 9 M o r g a n ____ — 1 .0 6 B ox B u t t e __ - .8 9 K n o x 1. 00 H e t t in g e r ____ .8 7 T o w n e r ___ — . 87 í o i l C a m d e n ___ 1. 11 N ew M adrid — 1.11 B o y d ____ _- 1 .0 0 L a n c a s te r __ 1 .0 3 K id d er ______.9 1 T ra ill — .9 7 T 93! C ape N e w to n ____ — 1 .0 3 B r o w n ______.9 6 L in c o ln .9 4 La M oure____ .9 5 W a l s h ____ .9 6 . 021 G irardeau _ 1. 14 N o d a w a y __ 1.02 B uffalo .9 9 L ogan .9 5 L o g a n ______.9 2 W ard .8 3 Carroll __ 1 .0 5 O regon — 1 .0 3 B u r t _ 1 .0 0 L ou p ...... 9 7 M c H e n r y ____ .8 6 W ells _____ .9 1 . 061 C arter - 1 .0 3 O sage _____ — 1 .0 9 B u t l e r ______1 .0 0 M c P h e r s o n __ .9 4 M c I n t o s h ____ .9 3 W i l l i a m s __ .8 1 . n a l C a s s ______— 1 .0 4 O zark _ __ 1 .0 4 C ass 1 .0 3 M ad ison 1 .0 0 M c K e n z i e ___ . 79 - 9 3 1 C edar __ 1 .0 4 P e m i s c o t __ __ 1.10 C edar _ 1 .0 0 M errick 1. 00 . 03 I C h a r i t o n __ __ 1 .0 7 Perry _ _ _ — 1. 16 C hase . 91 M o r r i l l______.8 8 OHIO . n a l C h r is t ia n __ __ 1 .0 4 P e t t i s _____ - - 1 .0 5 C herry .9 3 N a n c e _ 1 .0 0 A d am s _ ____ $1.05 Licking ___ $ 1 .0 7 . 06 ; C lark — 1 .0 8 P h elp s _ — 1. 15 C h e y e n n e ___ .8 8 N e m a h a _____ 1 .0 3 — A l l e n ______1 .0 6 L o g a n ___ 1 .0 6 . 05 I C lay _ ------__ 1 .0 3 P ik e ______— 1.10 C lay ------_ 1 .0 0 N u c h o lls _ 1 .0 0 — A s h l a n d ___ 1 .0 8 L o r a in ___ 1 .0 8 05 C lin to n ____ — 1.02 P la tte _____ — 1 .0 4 C olfax _____ - 1 .0 0 O toe ... 1. 03 — A s h t a b u l a __ 1 .1 1 L u ca s 1 .0 7 , pa I C ole . ____ 1. 08 P o lk _ _ 1 .0 6 C u m i n g ____ - 1 .0 0 P a w n e e ______1 .0 3 ___ — A t h e n s ____ 1 .0 7 M a d is o n ___ Cooper __ 1.07 P u la sk i — 1.12 C u ster _____ .9 7 P erk in s ______.9 0 — 1 .0 6 A u g la iz e ____ 1 .0 5 M a h o n in g C r a w fo r d __ __ 1 .1 6 P u tn a m _ _ — 1 .0 0 D a k o ta _ 1 .0 0 P h elp s . 98 _— 1 .1 1 94 B elm o n t 1 .0 8 M a r i o n D ade — 1 .0 5 B a l l s ____ •__ — 1. 10 D a w e s ______.8 8 P ierce ______1 .0 0 ___ — 1 .0 7 B r o w n ____ 1 .0 5 D a lla s __ 1 .0 8 B a n d o lp h _ — 1 .0 9 D a w s o n ____ .9 7 P la tte 1 .0 0 M ed in a ___ — 1 .0 8 B u tle r _____ 1 .0 5 M e i g s ___ D aviess — 1 .0 5 B a y ------_ — 1 .0 5 D e u e l ______.9 1 P o lk ______1 .0 0 _— 1 .0 5 C a r r o ll______1 .0 8 M e r c e r ____ .0 2 I D e K a l b ___ — 1 .0 4 B e y n o l d s __ — 1. 11 D ix o n _ 1 .0 0 B e d W illo w __ . 95 — 1 .0 5 C h a m p a ig n __ 1 .0 5 M ia m i ;____ 1 .0 5 .0 6 D e n t — 1. 13 B ip le y ____ — 1 .1 1 D odge ______- 1 .0 0 R ic h a r d s o n __ 1. 03 -_ C lark ______1. 05 M onroe 1 .0 8 D o u g l a s __ 1. 05 St. Charles- - 1 .1 7 D o u g l a s ____ _ 1 .0 1 B o ck .9 6 — C lerm o n t .____ 1 .0 5 M on tg o m ery 1 .0 5 .0 0 D u n k lin — 1 .1 0 S t. C la ir____ 1 .0 6 D u n d y -_____ .9 1 S a l i n e ______1. 03 - C lin to n ______1 .0 5 M o r g a n ____ 1 .0 8 09 1 F ra n k lin 1 .1 4 St. Francois — 1. 17 F illm o re _ 1 .0 2 Sarpy 1 .0 1 __ Columbiana _ 1 .0 9 M o r r o w __ — 1 .0 7 .0 4 1 Gasconade _ - - 1 .1 1 St. Genevieve- 1.17 F r a n k l i n ___ _ .9 8 S a u n d e r s ____ 1 .0 2 C o s h o c t o n ___ 1 .0 8 M u sk in g u m 1 .0 8 . o o l G en try ____ - - 1 .0 2 St. Louis _ - 1 .1 8 F ro n tier .9 5 Sootts B luff __ .8 6 — C r a w fo r d ____ 1 .0 7 N o b l e _____ — 1 .0 8 09 1 G reene __ 1 .0 8 S a lin e 1 .0 6 F u r n a s _____ .9 7 S e w a r d ______1 .0 1 C u y a h o g a ___ 1 .0 8 O t t a w a ___ 1 .0 7 O i l G rund y — 1 .0 0 S c h u y l e r __ — 1 .0 6 G a g e ______- 1. 08 S h e r i d a n ____ .9 0 — D arke 1.06 Paulding _ 1 .0 5 .9 9 1 H a r r i s o n __ — 1 .0 2 S c o tla n d - 1 .0 8 G arden .8 9 S h e r m a n ____ .9 9 — D efia n ce ___ 1 .0 5 P erry ____ — 1 .0 7 07 1 H enry — 1 .0 6 1. 12 G arfield .9 8 S i o u x ______.8 7 S c o tt ______D e la w a r e ___ 1 .0 7 P i c k a w a y _- 1 .0 6 09 1 Hickory _ __— 1 .0 6 S h a n n o n __ G o s p e r ______.9 7 S ta n to n 1 .0 0 1 .0 3 E rie 1 .0 7 P ik e _____ — 1 .0 5 09 1 H o lt - . — 1 .0 3 S h e l b y ___ G r a n t ______.9 0 T h a y er 1 .0 2 — 1 .0 8 F a ir f ie ld ____ 1 .0 7 P o r t a g e __ — 1 .0 8 07 1 H ow ard .. — 1 .0 8 S to d d a rd __ G r e e le y ______1 .0 0 T h o m a s .9 4 — 1 .1 2 F a y e t t e _____ 1 .0 5 P r e b le ____ — 1 .0 5 09 1 H ow ell — 1 .0 3 S to n e H a l l ______1 .0 0 T h u r s t o n ____ 1 .0 0 — 1 .0 3 F r a n k l i n ___ 1 .0 7 P u tn a m 1 .0 6 Iron 1 .1 6 H a m i lt o n ___ ^ 1 .0 0 V a l l e y ______.9 8 — 05 1 S u l l i v a n ___ - 1 .0 1 F u l t o n _____ 1 .0 5 B i c h l a n d _ 1 .0 8 J a ck so n — 1 .0 3 H a r l a n _____ .98 Washington _ 1. 00 09 1 T a n e y _____ 1 .0 3 G a l l i a ______1 .0 5 R o ss ______- 1 .0 6 Jasper . — 1 .0 3 H ayes ______.9 2 W ayne 1 .0 0 02 1 T ex a s ____ - 1 .0 3 G ea u g a ____ 1.11 Sandusky _— 1 .0 7 J e f f e r s o n __ — 1 .1 8 H i t c h c o c k __ _ .9 3 W eb ster _____ . 99 o o l V ern on - 1 .0 3 G reen e 1 .0 5 S c i o t o _____ - 1 .0 5 J o h n so n — 1 .0 5 H o lt ______.9 9 W h e e l e r _____ 1 .0 0 09 1 W arren ___ 1 .1 4 G u e r n s e y ____ 1 .0 8 S e n e c a _____- 1 .0 7 K n ox . H o o k e r _____ .9 2 Y o r k ______1 .0 0 05 I 1 .0 7 W a sh in g to n - 1 .1 7 H a m i lt o n ____ 1 .0 5 S h elb y _____ 1 .0 5 L aclede 1 .1 1 H ow ard ____ _ 1 .0 0 o o l W ayne 1. 13 H a n co ck ____ 1 .0 7 S ta rk _____ 1 .0 8 09 1 L a f a y e t t e __ — 1 .0 5 W e b s t e r ___ 1 .0 9 H a r d i n ______1 .0 7 NEVADA S u m m i t ____- 1 .0 8 02 1 L a w r e n c e __ __ 1 .0 5 W o r t h _____ 1 .0 1 H arrison ____ 1 .0 8 T ru m b u ll L ew is - 1. 11 01 1 — 1 .0 9 W r i g h t ____ - 1 .0 5 ‘ R a te per H e n r y ______1 .0 6 T u sca ra w a s 1 .0 8 L in c o ln . C ou n ty 07 I — 1 .1 4 bu sh el H ig h la n d ___ 1 .0 5 U n i o n ___ - 1 .0 7 09 I MONTANA All counties-. $0. 95 H o ck in g 1 .0 7 V an W ert___ 1 .0 5 H o lm es _____ 1 .0 8 V i n t o n ____- 1 .0 7 B eaverhead — $ 0 .9 0 C a s c a d e ___ 08 1 - - $ 0 .8 9 NEW HAMPSHIRE H u ro n _____ 1 .0 7 W arren ___ - 1 .0 5 B ig H orn — .7 7 09 I C h o u t e a u __ - .8 7 J a c k s o n ____ 1 .0 5 W a sh in g to n _ 1 .0 8 B la in e — .7 9 C uster All counties $ 1 .1 4 09 I ______.7 8 J e f f e r s o n ___ 1 .1 0 W ayn e ____ 1 .0 8 B roadw ater - 00 1 .9 3 D a n ie ls _____- .7 3 K n o x 1 .0 8 W i l l i a m s C a r b o n ___ N E W JE R S E Y __ _ 1 .0 5 97 I — .8 7 D aw son - .7 9 L ake 1 .1 0 W ood C a r te r ______1 .0 7 03 I Deer Lodge..- .9 5 All counties. $ 1 .1 4 L a w r e n c e ___ 1 .0 5 W y a n d o t __ _ 1 .0 7

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 N o. 103 - ■4 8294 RULES AND REGULATIONS

WASHINGTON OKLAHOMA SOUTH DAKOTA—c o n tin u e d Rate per Rate per R a te per R a te per R a te per R a te per County bushel County bushel County bushel C ou n ty bu sh el C ou n ty bu sh el County bushel A dam s — — $ 1 .1 5 Lewis — - - $ 1. 12 $0. 94 H a a k o n __ _ SO. 93 Miner _ _ _ _ $0.99 A dair ------__ $ 0 .9 8 L e F l o r e ------A so tin ------1. 12 L in c o ln ______1 .1 4 .9 8 H a m lin ____ 1. 02 M in n e h a h a __ .9 9 A l f a l f a ------.9 8 L in co ln B e n t o n __— 1 .1 7 Mason — _ - 1.11 L ogan .9 8 H a n d ______.98 M oody __ 1.02 A tok a _ - — .9 8 C h e l a n ------1 .1 5 O k a n o g a n ___ 1 .1 3 1.00 H a n so n _____ .9 7 P e n n in g to n .90 B eaver — .9 7 Love ------C la lla m ------1 .0 4 P a cific ___ 1.11 McClain _ _ .9 8 H a r d in g __— .86 P erk in s ___ .88 B eck h a m — .9 8 C lark — — 1. 19 Pend Oreille__ 1. 07 .9 8 McCurtain — .9 4 H u g h es ____ .9 7 P o tte r ___ . 97 B la in e — C o lu m b ia ____ 1. 15 P ierce ___ — 1. 17 .9 7 M c I n t o s h ------.9 8 Hutchinson __ .98 R o b e r t s ___ 1.02 B ryan ------Cowlitz — - 1. 16 S a n J u a n ____ 1. 14 .9 8 M ajor ------.9 7 H yde ______.97 S a n b o rn —__ .9 7 C addo _ — Douglas _ - 1 .1 4 S k a g it — — 1. 14 C a n a d ia n __ .9 8 M arshall ------.9 8 J a ck so n .92 S h a n n o n — .90 Ferry ______1. 10 S k a m a n i a ___ 1.20 .9 8 M a y e s ------1. 02 J e r a u ld ______.9 7 S p in k — . __ 1.00 C arter — F r a n k lin ____ 1.15 Snohomish __ 1. 15 C herokee — .9 9 M urray .9 8 J o n es _ __ .95 S t a n l e y ____ .96 G arfield — 1. 15 Spokane ____ 1. 12 .9 4 M uskogee — .9 8 K in g s b u r y ___ 1.01 S u lly __ -- .97 C h o cta w — 1. 15 S tev e n s _____ 1. 08 Cimmarron _1 .97 N ob le _ - - .9 8 Lake _ ____ 1. 00 T o d d __ __ .9 6 Grays Harbor. 1. 11 T h u r s t o n ____ 1. 12 Cleveland _ .9 8 N ow ata ------1 .0 3 L a w r e n c e ____ .87 T ripp _ -- .97 I s l a n d ------1 .1 5 Wahkiakum * 1. 16 C oal _ - - .9 8 O k f u s k e e ------.9 8 L in c o ln __ __ .99 T u rn er — .98 Walla Walla __ 1. 15 C o m m a n ch e .9 8 O k la h o m a — .9 8 .96 TTninn ...... 1. 00 Jefferson ____ 1 .0 5 . 18 W h a t c o m ------1. 13 C o tto n — .9 8 O k m u lg ee — .9 8 M cC ook . 97 W a lw o rth - __ .95 K in g — — 1 1 .0 9 W h it m a n ____ 1. 13 C raig — 1. 03 O sage _ — 1. 00 M c P h e r s o n __ .9 6 Washabaugh _ . 92 K itsa p ______Y a k im a _____ . 18 C reek _____ .9 9 Ottawa -- — 1 .0 3 M arshall ____ 1 .0 0 Y a n k t o n __ . 98 Kittitas — — 1 .1 9 1 C u ster _ _ .9 8 P aw n ee .9 8 M eade _ .8 7 Z ieb ach — .8 9 K l i c k i t a t ------1. 19 D elaw are — __ 1.02 P a y n e ------.9 8 M e l l e t t e _____ .9 6 WEST VIRGINIA D ew ey ------.9 7 P i t t s b u r g ------.9 8 All counties ------_------$1. 14 .9 7 P o n t o t o c ------.9 8 TENNESSEE E l l i s ______WISCONSIN G arfield — .9 8 Pottawatomie- .9 8 All counties— __ $1.15 G a r v i n ------.9 8 Pushmataha _ .9 4 A dam s _ — $ 1.11 M a r a t h o n ___ $ 1. 06 G rady — - .9 8 Roger Mills__ .9 4 TEXAS A s h l a n d __ 1 .0 7 M a r i n e t t e ___ 1 .0 7 G r a n t ------.9 8 R ogers — 1. 02 B arron _____ 1 .0 5 M a r q u e t t e ___ 1.11 $ 0 .9 9 H u n t __— $ 1 .0 4 G reer ------.9 8 S e m i n o l e ------.9 8 A rcher — - B a y f i e l d _____ 1.01 M e n o m in e e __ 1 .0 9 .9 8 J a ck __ _ _ 1 .0 2 H arm on .9 8 S e q u o y a h ___ .9 8 Armstrong — R row n ______1.11 Milwaukee __ 1 .1 7 .98 Johnson __ 1 .0 7 H arper .9 6 S tep h e n s ------.9 8 B a iley Buffalo _ __ 1.02 M onroe _____ 1. 08 .9 6 T ex a s ------.9 7 B aylor ------. 98 Jo n es — . 99 Burnett _____ 1 .0 9 O c o n t o ______1. 09 H ask ell _ 1.11 H u g h es .9 8 T illm a n — . 98 B o sq u e ------1 .0 9 K arnes — C a lu m et 1. 12 O neid a _ ___ 1 .0 4 . 98 J a ck so n .9 8 T u lsa ______1. 01 B ow ie ------1 .0 3 K i n g ------C h ip p e w a ____ 1.05 Outagamie ___ 1. 11 .9 8 Jefferson .9 8 W agoner ------1.00 . 98 C lark _ _ ___ 1.05 Ozaukee ___- 1 .1 5 J o h n sto n .9 8 • W a sh in g to n _ 1. 03 1. 05 .9 8 C o lu m b ia ____ 1 .1 3 P e p in ______1. 02 ___ 1 .0 9 K ay - .9 9 W a s h i t a ------.9 8 C a l l a h a n ------1 .0 1 L am pasas C r a w fo r d ____ 1. 06 Pierce ____ 1. 04 K in g fish er .9 8 W oods ------.9 7 C arson — „— .9 8 L im esto n e 1. 13 D an e ______1 .1 4 P o lk — _ 1 .0 8 K io w a __ .9 8 W oodw ard — .9 7 C ass ------1 .0 4 L ip scom b _ . 97 D o d g e _____ 1 .1 4 P o rta g e _____ 1 .0 8 L atim er .9 4 .98 Lubbock _ . _ .9 8 Door __ _ -_ 1.05 Price - ____ 1 .0 4 C h ild r e s s ------.9 8 L y n n ------.9 8 D o u g la s ____ 1. 10 R a c i n e ______1 .1 7 OREGON C lay ------1.01 McCulloch ___ 1 .0 5 D u n n __ ___ 1 .0 5 R i c h l a n d ____ 1.11 Cochran _ _ .98 McLennan 1 .1 1 E a u C la ire____ 1 .0 5 R o c k ______1 .1 6 B a k e r ------$ 1. 12 L a k e ------$ 1 .0 6 1 .0 6 . _ 1 .0 5 F lo ren ce _____ 1.00 R u s k ______1 .0 6 B e n to n _ 1 .1 6 L ane _ ------1. 11 .9 8 Fond Du Lac— 1 .1 3 S t. C roix_____ 1 .0 5 C lackam as __ 1. 17 L in co ln 1. 06 C o llin g s- Mitchell __ . 98 Montague ___ 1 .0 2 F o r e st ------1 .0 5 S a u k __— _ 1 .1 3 C latsop _ 1. 11 L in n _ _ 1. 16 w o rth _ — 1 .0 5 .9 7 G r a n t ______1. 09 Sawyer _ _ 1 .0 3 C o lu m b ia _ 1. 14 Malheur _ _ 1. 04 C o m a n ch e — M o o r e ____ 1 .0 5 M otley — . 98 G r e e n e __ 1 .1 5 S h a w a n o ____ 1 .0 9 C oos _ — 1.01 Marion __ — 1 .1 9 C o n ch o _ _ 1. 10 Newton — __ 1. 14 G reen L ak e___ 1.12 S h e b o y g a n ___ 1 .1 4 C rook _ — _ 1 .1 5 M arrow ------1. 17 C oryell _ _ _ .9 8 N o la n .9 8 I o w a ____ : __ 1.12 T aylor ___ 1 .0 4 C urry ______1 .0 4 Multonomah _ 1. 19 C o ttle ------.97 Ochiltree .9 7 Iro n _ ------1.03 Trempealeau _ 1 .0 5 D e sc h u tes 1. 15 P o l k ------1 .1 8 D a lla m ------O ld h a m __ .9 8 J a ck so n _____ 1. 06 V e r n o n ______1 .0 7 D o u g la s — 1 .0 5 S h e r m a n ------1 .1 9 D a w so n — .9 8 — 1 .0 3 J e f f e r s o n ____ 1. 15 V i l a s ______1 .0 4 G illia m 1 .1 7 Tillamook — 1. 20 D e a f S m ith ___ .9 8 P a lo P in to 1. 05 1. 06 J u n e a u _____ 1.10 W a lw o rth ___ 1. 16 G ra n t _ 1. 16 Umatilla —-- 1 .1 5 P arm er _ _ .9 8 K en o sh a ____ 1 .1 8 W a s h b u r n ___ 1 .0 3 H arney — . . . 1.00 U n i o n ____ . 1. 13 D ick en s ----- .9 8 P o tter .9 8 K e w a u n e e ___ 1.08 Washington _ 1. 15 H ood R iver ___ 1.20 W allow a _ 1. 11 D o n l e y _____ .9 8 .9 8 La C rosse____ 1.07 Waukesha __ 1. 16 J a ck so n __ 1 .0 5 W asco — _ 1.20 E a stla n d ____ 1 .0 3 R a n d a ll __ .8 9 L a f a y e t t e ____ 1. 12 W a u p a c a ____ 1. 10 Jefferson _ . 1. 17 Washington . 1.20 F a n n in _____ 1.04 Reeves __ . 98 Roberts _ _ .9 7 L a n g la d e :____ 1. 07 W a u s h a r a ___ 1.11 Josephine ____ 1 .0 5 W h eeler _ 1 .1 7 W in n e b a g o __ 1.12 F l o y d ___ __ . 98 R u n n e l s __ — 1 .0 1 L in co ln ------1 .0 5 K la m a th ____ 1 .0 7 Y a m h ill — 1 .1 9 1 .0 7 F oard _ _ __ .98 San Saba. — 1 .0 5 M a n i t o w o c __ 1.12 W o o d ______PENNSYLVANIA G a in es __ _ .9 8 S c u r r y ___ .9 8 WYOMING R a te per G ille sp ie ____ 1. 06 S h erm a n _ ___ .9 7 All counties. _. $ 0 .9 0 S m ith 1 09 C ou n ty bu sh el . 98 (c) Discounts. The basic support rate G rayson __ 1. 04 Stonewall .98 __ $ 1 .1 4 All oounties. H a l e ______.98 Swisher _ .9 8 shall be adjusted by discounts as follows: .9 8 T a r r a n t __ 1 .0 7 Rye containing more than three-tenths RHODE ISLAND H a ll _____ H a n s f o r d ____ . 97 T aylor „ _ 1 .0 0 of 1 percent ergot (ergoty rye containing All counties $1. 14 H a r d e m a n ___ .9 8 T erry ___ .9 8 in excess of 1 percent is not eligible for H a rtley _____ .97 Wheeler __ .98 warehouse-storage loans): SOUTH CAROLINA . 98 Wichita 1 nn D iscoun t H e m p h i l l____ .9 7 Wilbarger .98 (cents per» All counties ______$1. 20 H id a lg o _____ 1 .0 2 W ise _ 1 .0 5 Ergot content (percent) : b u sh el) H o c k l e y _____ .98 Yoakum __ .98 0 .3 1 - 0 .4 0 ------1 SOUTH DAKOTA H o o d ______1 .0 5 Y o u n g ___ — 1 .0 2 0 .41-0.50 ______2 A u r o r a ______$ 0 .9 6 C o d in g t o n ___$1. 02 H ow ard ____ .9 8 0 .51-0.60 ------3 C o r s o n ______.9 0 0.61-0.70 — , ______4 B ead le ______.9 9 UTAH B e n n e t t _____ . 91 C u ster ______.88 0.71-0.80 ______5 Bon Homme— . 99 D a v i s o n ____ _ . 97 R a te per 0 .81-0.90 ______6 B r o o k i n g s ___ 1 .0 2 D a y ______1 .0 1 C ou n ty bu sh el 0.9 1 -1 .0 0 ______7 ■Brown ______. 99 D eu el ______1 .0 4 — $ 0 .9 0 Rye grading No. 4 on the factor of test B r u le ______.9 7 D e w e y ______.9 0 weight only: B u ffa lo .______. 97 D o u g l a s _____ .9 7 VERMONT D iscoun t B u tte ______.8 7 E d m u n d s ____ .9 7 (cen ts per All counties- ___ 1 .1 4 C a m p b e ll____ _ .9 4 F a ll R iv er____ . 86 Test weight (pounds): bu sh el) F a u l k ______.9 8 5 1 .0 - 51 . 9 ______- ...... 5 Charles Mix— . 97 VIRGINIA C la r k ______1 .0 1 G ra n t .______1 .0 4 50.0- 50.9 ...... — 10 C lay ______1. 00 G r e g o r y _____ .9 8 All counties. ------1 .1 4 49.0- 49.9 — ______15

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8295 Rye grading No. 3 on account of being 2. Our proposal in the notice of pro­that there would be a direct monetary “t h in ” : posed rule making herein was based on cost to WGLC-FM and other costs in­ D iscou n t a petition for rule making filed by volved in the disruption to its operations. (cen ts per Greater Rockford Sound, Inc., then an Third, it contends that Rockford, with “Thin” rye (percent) : bu sh el) applicant for a new FM station at Rock­ 15.1- 17.0 ______rC______1 its two assigned FM channels and a third 17.1- 19.0 ______2 ford, 111., requesting the addition of a FM station in operation at Loves Park 19.1- 21.0 ______3 third FM assignment to Rockford by (adjacent to Rockford and within its 21.1- 23.0 ______4 making two other necessary changes in SMSA and urbanized area), has no need 23.1- 25.0 ______5 the table, as follows: for an additional assignment. And fi­ Rye grading No. 4 on account of being nally, it submits that proponent has not “t h in ” : Channel No. shown that there is no preferable means City (all in Illinois) The discounts shall be 5 cents per bushel Present Proposed of accomplishing the proposed result plus 1 cent for each 2 percent of "thin” rye with lesser cost to the public interest. or fraction thereof, in excess of 25 percent. Rockford...... 248,285A 248,265A, 285A Jel-Co also urges the Commission to D iscou n t Mendota...... 265A 261A await the establishment of the Rockford Peru...... 26XA (cen ts per 265A FM station on the newly assigned chan­ bu sh el) Rockford has a population of 126,706 and nel, 285A, in order to determine whether Weed' control discount (where required its Standard Metropolitan Statistical there is a need for another FM facility by § 1421.17)______10 Area (Winnebago County) has a popu­ in that city. It is also asserted that at Other Factors: Amounts determined by lation of 209,765. One FM station oper­ present WGLC-FM «has a distinct ad­ CCC to represent market discounts for ates on Class B Channel 248 in Rock­ vantage in the compatibility of the fre­ quality factors not specified above which quencies for the AM and FM stations, affect the value or rye, such as (but not ford; the city also has three AM stations, 1090 kc/s for WGLC and 100.9 for limited to) moisture, weevily, ergoty, stones, one unlimited-time and two daytime- WGLC-FM. With respect to the preclu­ musty, sour, and heating. Such discounts will only. The Peru channel is unoccupied. sion showing made by petitioner, Jel-Co be established approximately 1 month prior The second FM channel, 285A, listed in states that it is admitted that Chan­ to the loan maturity date for rye and will the Table for Rockford, has been au­ thereafter be adjusted from time to time thorized for a new station at Belvidere, nel 265A would be precluded from as­ as CCC determines appropriate to reflect 111. (Docket 17593, File No. BPH-5755), signment to other communities which changes in market conditions. Producers may have no FM assignments or other larger obtain schedules of such factors and dis­ under the former “25-mile” provision of ones which have a single FM channel. counts and adjustments thereof at ASCS § 73.203(b).1 Belvidere is some 12 miles Jel-Co provides an itemized estimate that county officers approximately 1 month prior east of Rockford, in a different county it will cost $9,740 to shift WGLC-FM to to the loan maturity date or as soon there­ and not in either the Rockford SMSA a new frequency. after as practicable. or the Urbanized area as shown in the 1960 U.S. Census. There are two other 5. In response to the question raised in Effective date: Upon publication in the the Notice on the need of an additional F ed e r a l R e g is t e r . Class A FM stations in the Rockford SMSA, at Loves Park and Winnebago. Rockford assignment, Greater Rockford Signed at Washington, D.C., on May 21, 3. Petitioner states that the facts Sound submits exhibits on the growth 1969. elicited, in a previous rule making pro­ pattern of the Rockford SMSA, asserting K e n n e t h E . F r ic k , that it is due to Rockford’s mushroom­ Executive Vice President, ceeding to assign thè second FM channel ing population, and urges thereby that Commodity Credit Corporation. to Rockford (Docket No. 16762, First Re­ Rockford should not be deprived of its port and Order issued on Oct. 7, 1966, fair share of FM assignments. Letters [F.R. Doc. 62-6290; Filed, May 28, 1969; 5 FCC 2d 188) establish the need and 8 :4 5 a .m .] supporting the assignment are also in­ merit for a- third FM assignment to the cluded from the mayor of Rockford and city. The criterion used for a city of the assistant to the director, Illinois this size in setting up the table, four to Department of Mental Health. Regard­ Title 47-— TELECOMMUNICATION six assignments, is cited as evidence of ing the invitation in the notice for com­ this. Petitioner also submits that this Chapter I— Federal Communications ments on the willingness of petitioner to ' assignment would not preclude assign­ “defray the reasonable costs of the chan­ Commission ments on any of the six adjacent chan­ nel change for WGLC-FM”, petitioner (Docket No. 18051, RM-1220; FCC 69-570] nels due to existing stations in the gen­ states that it would be willing to defray eral area. Channel 265A itself, if not the “minimum cost” for such change in PART 73— RADIO BROADCAST assigned to Rockford, could be used in SERVICES the event Channel 265A is assigned to one of a few other places in. the area; Rockford and subsequently granted to Table of Assignments; Rockford, of these, Freeport (pop. 26,628) and Greater Rockford Sound. Loves Park (pop. 9,086) have FM assign­ Mendota, and Peru, III. ments (Class B and Class A, respec­ 6. In reply comments, Jel-Co claims Second report and order. In the mat­ tively) and the others are all of less than that the proponent’s limited response to ter of amendment of § 73.202 Table of 2,000 persons (one of these, Winnebago, the Commission’s specific invitation for assignments, FM Broadcast Stations. has an FM station). Since the proposal comments on (1) the need for the addi­ (Hollister, Calif., Dexter, Mo., Liberty, would require the existing station at tional assignment and (2) its willingness Ky., Rockford, Mendota, and Peru, 111., Mendota to shift channels, if it also re­ to meet reasonable costs for WGLC-FM’s Livingston, Tex., La Crosse, Wis., Wi­ quested that the licensee of WGLC-FM channel change, fail to provide and ade­ chita, Great Bend, El Dorado, and Hutch­ be ordered to show cause why its license quate supportive showing on which to inson, Kans;, Marion, 111., and Vero should not be modified to specify Chan­ base a decision adopting petitioner’s pro­ Beach, Fla.), Dockets Nos. 18051, RM- nel 261A instead of 265A. posal. 1235, RM—1239, RM-1248, RM-1220, RM- 4. Jel-Co Radio, Inc., licensse of Sta­ 7. During the pendency of this rule 1238, RM-1244, RM-1245. making proceeding, the second FM as­ tion WGLC-FM, Channel 265A, Men­ signment at Rockford, Channel 285A, 1. In a first report and order in tliis dota, 111., opposes the substitution of was granted to an applicant for con­ proceeding issued on May 3, 1968 (FCC Channel 261A for 265A at Mendota on struction of a new station at Belvidere 68-486), the Commission disposed of all several grounds. First, it urges that there (see paragraph 2 above and footnote 1). the matters before it except for RM- has been no compelling showing of need As mentioned earlier, Belvidere (the 1220, pertaining to assignment of a Class for the additional assignment in Rock­ county seat of Boone County) is not lo­ A channel to Rockford, 111., as discussed ford to warrant the change in assign­ cated within the Rockford SMSA or below. The present document deals with ment for WGLC-FM. Second, it asserts that remaining matter. The determina­ county, or urbanized area, and under tion made herein includes consideration the present more restrictive “10 mile” of all the comments, data, and reply 1 The Belvidere authorization was grantedrule (§ 73.203(b)) adopted in 1968 a sta­ by a decision released Sept. 30, 1968 (FCC tion to be assigned to that city would comments submitted in response to the 68R-399), subsequent to the filing of peti­ not be entitled to use a Rockford chan­ notice. All population figures referred to tion, comments and reply comments in this nel. This substantially limits the extent herein are from the 1960 U.S. Census. proceeding. to which Rockford can be regarded as

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 9, 1969 8296 RULES AND REGULATIONS having two channels assigned now, or the new channel (see 3 F.C.C. 2d 605). Released: May 26,1969. three if the proposal herein is adopted.2 We expect that parties eventually in­ F e d e r a l C ommunications 8. We have carefully considered the volved will attempt in good faith to reach C o m m i s s i o n ,2 proposal outlined above, and the opposi­ agreement on what constitutes a reason­ [ s e a l ] B e n F . W a p l e , tion thereto, and conclude that the addi­ able settlement. Secretary. tional PM assignment by the changes 10. Since the change in the WGLC- [FJEt. D oc. 69-6383, F iled , M ay 28, 1969; required would serve the public interest FM channel is in the public interest, the 8 :4 8 a.m .] and should be adopted. It would provide, licensee of WGLC-FM shall file its De­ in effect, a second local FM broadcast cember 1,1970, renewal application spec­ [Docket No. 18125; FCC 69-571] service for a large and growing city (the ifying v operation on Channel 261A second largest in Illinois). Since cities of rather than 265A. Transcontinent Tele­ PART 73— RADIO BROADCAST the size of Rockford were assigned, where vision Corp. v. FCC, 113 U.S. App. D.C. SERVICES possible, four to six channels in the Table 284, 308 F. 2d 339, 23 R.R. 2064 (1962). of Assignments adopted in 1963, the pro­ The station may continue to operate on Table of Assignments; Glasgow, Ky., vision of this channel as a second assign­ Channel 265A until December 1, 1970, and Columbia, S.C. ment is obviously in line with overall al­ or until such earlier time as, upon its Second report and order. In the matter location principles. While there are three request, the Commission authorizes in­ of amendment of § 73.202 Table of as­ other channels and stations in the gen­ terim operation under special operating signments, FM Broadcast Stations. eral area, we cannot regard them for authority on Channel 261A, following (Camden, S.C., Brinkley, Ark., Concord, this purpose as the same as Rockford as­ which it shall submit, within 30 days, the N.H., Pontiac, HI., Du Quoin, 111., Glas­ signments, and, even if they were so re­ measurement data normally required of gow, Ky., Norman and Duncan, Okla., garded, the total would be less than the an applicant for an FM broadcast sta­ Glendive, Mont., Brandon, and Sarasota, maximum number of channels set forth tion license. On and after the date on Fla., Columbia, S.C., Lynchburg, Va., in the criterion mentioned. With respect which such interim operation is author­ Upper Sandusky and Galion, Ohio, and to the preclusion effect on other assign­ ized to commence, the Commission will Altavista, Va.), Docket No. 18125, RM- ments, no comments were filed proposing view the request of WGLC-FM as a 1254, RM-1257, RM-1261, RM-1263, M I- use of the channel at any other commu­ relinquishment of Channel 265A and a 1266, RM-1255, RM-1282, RM-1258, RM- nity. This is a factor only on the one waiver of any rights it may possess with 1262, RM-1249, RM-1264, RM-1269, RM- -channel involved (265A), and the only regard to that channel. Channel 265A is 1268. other possible use of this channel war­ being assigned to Rockford as of De­ 1. The Commission has before it for ranting mention is possible assignment cember 1, 1970, or such earlier date as consideration its notice of proposed rule as a second channel at Freeport (popula­ the Commission may authorize interim making, issued in this proceeding on tion 26,628). We conclude that provision operation on Channel 261A to WGLC- for a second Rockford FM station far April 12, 1968, FCC 68-382, and pub­ FM as mentioned above. lished in the F ed e r a l R e g is t e r on April outweighs possible use at the much 11. An application field by George W. 17, 1968 (33 F.R. 5888), proposing a smaller city of Freeport. The proposed Yazell, File No. BPH-6576, is pending for number of changes in the FM Table of channel is the only one which could be Channel 261A at Peru, 111. Since action Assignments advanced by various inter-, used at Rockford without involving either being taken here changes the .Peru as­ ested parties. In a previously issued first deletion of other stations or one or more signment to Channel 265A, the Peru report and order (68-737), all petitions short separations with other stations for application may be amended to specify except for RM-1261, Concord, N.H.; RM;- which it does not appear that substitute Channel 265A, after which time the ap­ 1255, Glasgow, Ky.; and RM-1264, Co­ channels could be provided. plication will be processed in the usual lumbia, S.C., were disposed of. The sub­ 9. The action taken here will necessi­ manner. In the event an application is ject decision concerns two of the re­ tate a change in the operating frequency maining three petitions. All population for WGLC-FM. Jel-Co submitted an granted for Channel 265A at Peru, com­ estimate that the costs for the change mencement of operation of the station figures, unless otherwise stated, are those will be subject to the provisions of the shown in the 1960 U.S. Census. All duly would total $9,740. Although Greater filed comments and data were considered Rockford Sound stated that it would de­ footnote to the table for the assignments in making the following determinations. fray “minimum costs” of the change (if indicated in paragraph 13 below. 2. RM-1255, Glasgow, Ky. In a peti­ it were the successful applicant for the 12. Authority for the adoption of the channel), it does not state what it con­ tion for rule making filed on February 13, siders a reasonable amount, nor does it amendments contained herein is con­ 1968, John M. Barrick, licensee of day­ reply to the Jel-Co estimate. We do not tained in sections 4(i), 303, and 307(b) time-only Station WCDS(AM), Glas­ here pass on what should be considered of the Communications Act of 1934, as gow, Ky., requested the assignment of a reasonable; we have, however, on other second FM channel to Glasgow, as amended. follows: occasions stipulated which items of ex­ 13. In view of the foregoing: It is pense are appropriate for reimbursement ordered, That effective June 30,1969, the Channel No. and which are not. See, for example, sec­ City ond report and order in Docket 16662, FM Table of Assignments, §73.202 of the Present Proposed released May 12, 1967, FCC 67-578, 8 rules and regulations of the Commission, F.C.C. 2d 159. However, we do believe is amended, insofar as the communities Glasgow, K y...... - 236 236,288A tliat Jel-Co should be reimbursed for named are concerned, to read as follows: Glasgow has a population of 10,069 and reasonable costs incurred by it in chang­ . City Channel No. Barren County, of which it is the seat ing the WGLC-FM operation from Chan­ I llin o is : and largest community, has a population nel 265A to 261A. We. have further M e n d o t a ------2 6 1 A 1 of 28,303.1 In addition to an FM station repeatedly held in similar cases that P e r u ______2 6 5 A 1 operating on Channel 236, it has two AM reimbursement should come from the R o c k f o r d ___ 248,265A,1 285A stations, a Class IV and a daytime-only. party which becomes the permittee on Barrick submits that Glasgow is in the 1 Effective 3 a.m. central standard time, December 1, 1970 (concurrently with expira­ heart of an agricultural area in south- 2 The site authorized for Belvidere is abouttion of the outstanding license for Station central Kentucky, that there are 300 re­ 7 miles west thereof in order to meet the WGLC-FM on Channel 265A at Mendota, tail trade establishments in it, that the spacing requirements of the rules. This places 111.), or such earlier date as Station WGLC- total retail sales in 1960 were $22 million, it about 5.5 miles from Rockford, from which FM may, upon its request, cease operation on and that its trading area population is location the predicted 3.16 mv/m contour Channel 265A at Mendota, 111. includes most, if not all, of the city of Rock­ 2 Commissioner Cox abstaining from vot­ ford. If the assignment of Channel 265A is 14. It is further ordered, That this ing; Commissioner Wadsworth absent. made at Rockford as proposed herein, it can proceeding is terminated. 1 Petitioner states that, according to in­ be used only for a station assigned to that (Secs. 4, 303, 307, 48 Stat., as amended, 1066, formation by the Glasgow Chamber of Com­ city, since § 73.203(b) as amended in 1968 1082, 1083; 47 U.S.C. 154, 303, 307) merce, the Glasgow population in 1967 was limits the number of assignments available in excess of 14,000 persons. elsewhere under the “ 10-mile” rule to one. Adopted: May 21, 1969.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8297 about 100,000.* It Is urged that the pro­ restrictive assignment would represent 7. After careful review of the com­ posal would provide a much needed ad­ an inferior allocation. ments and data submitted in this case, ditional1 PM station without requiring 5. In support of its contention as to we come to the conclusion that the pro­ any other changes in the table. lack of need, the opponent calls atten­ posal to assign Channel 288A to Glasgow 3. Petitioner submits an engineering tion to the two AM and one PM stations would serve the public interest and statement showing that there would be already in Glasgow, a daily and weekly should be adopted. Such action would no areas precluded from assignment by newspaper there, service from radio and provide a means of implementing a sec­ virtue of the addition of Channel 288A to TV stations elsewhere and a Glasgow ond local FM service and a second source Glasgow, on any of the six adjacent CATV system, and circulation in the area of nighttime programing to a commu­ channels due to existing stations and as­ of other newspapers. It is asserted that nity of over 10,000 people and its sur­ signments in the general area. With re­ TV Station WLTV, Bowling Green, Ky. rounding rural area. We recognize that spect to Channel 228A itself, there would (a city some 30 miles away) provides the location required to satisfy all spac­ be a “preclusion” area of about 40 square local coverage of Glasgow news and ing requirements (5 to 6 miles south of miles which contains no community with events. It is asserted that these media Glasgow city limits) necessitates selec­ a population of 1,000 or more persons.3 adequately serve any needs which may tion of a site less than ideal with respect Petitioner concludes that the assignment exist, and that petitioner’s showing to the primary objective of serving Glas­ of the channel would not have an adverse certainly falls far short of the “convinc­ gow. However, there has been no evidence effect on future needed assignments in ing showing of need” required by our submitted in this proceeding to indicate other communities. Finally, noting that May 1967 Public Notice concerning addi­ that terrtain obstacles could not be ade­ a site about 6 miles south of Glasgow tional PM channel assignments, par­ quately overcome by a reasonable an­ would be required so as to meet the spac­ ticularly where the proposal is for a sec­ tenna height over that assumed by the ing requirements of the rules, petitioner ond channel in a rather small communi­ opposition in its comments (with a cor­ Indicates that sites are available from ty (see FCC 67-577, 9 R.R. 2d 1245). It responding reduction in E.R.P.), or that, which all the requirements of the rules is urged that there is adequate economic in fact, the minimum required signal can be met. support for existing media but would not would not be provided to the community, 4. Glasgow Broadcasting Co., licensee be for an additional one, at least without even with the antenna height assumed. of Stations WKAY (unlimited-time AM) material financial injury to other media Line of sight over the entire city, while and WGGC-FM in Glasgow, opposes the and resulting curtailment of service to it is highly desirable, is not an absolute proposed assignment on the grounds that the public. It is said that the possibility prerequisite to authorization of an FM there is no showing of heed for an addi­ of adequate economic support is particu­ station. tional Glasgow outlet; that no assign­ larly dubious in view of the technical 8. While the showing as to “need” may ment should be made until the rule mak­ requirements the proposed operation be less than that in other cases, we are ing in Docket 18110 relating to common would have to meet—a tall antenna persuaded that under the circumstances ownership of multiple outlets in the same tower needed to provide coverage of Glas­ here provision for a second local night­ community is resolved; and that opera­ gow, from the distance the station would time service establishes it sufficiently, tion of a station at the distance from have to be located south of the city, and particularly where, as noted above, there Glasgow required to meet the spacing impossibility of using the WCDS(AM) is no other use of the channel which requirements would result in a marginal site. With respect to the pending Docket would otherwise be possible. We agree operation at best, both technically and 18110 rule making proceeding, it is with petitioner that the arguments as to financially. It is noted in an engi­ recognized -that the Commission’s out­ possible economic injury to existing neering statement submitted with the standing proposal does not contemplate media are much too speculative to war­ opposition comments that a hypo­ preventing daytime AM and PM combi­ rant restrictive action here. We would thetical maximum Class A station (3 nations; but it is asserted that such a also note that our review of the financial kw. E.R.P. 300 feet a.a.t.) located prohibition might ultimately be adopted, reports for the Glasgow stations does not within the limited area meeting the and that independent PM operation— provide a basis for rejecting the new as­ minimum spacing requirements would the only alternative use of the channel— signment. As to the argument that we barely provide a theoretical city grade is out of the question in view of the size should not make the assignment as long signal over the far city limits of of the market and number of stations. as Docket 18110 is pending, this warrants Glasgow. It is further illustrated by a 6. In reply to the opponent’s conten­ little discussion here, especially since the terrain profile graph that intervening tions, petitioner submits that since the petitioner (and potential applicant) terrain between the site and city would present two nighttime Glasgow stations would not be precluded under the rule prevent line-of-sight transmission from are operated by the opposition, adoption of its proposal would permit establish­ as proposed. Even if we were to assume an assumed antenna height of 321 feet4 that there are no other potential appli­ over portions of the city. The opposition ment of a “first competitive nighttime cants, it cannot be assumed that opera­ questions, therefore, whether the re­ broadcast service” to the community. tion by petitioner, a daytime-only AM quirements of § 73.315(b) of the rules Various statistics provided by the oppo­ licensee, would be contrary to the pub­ would be met and whether, as a practical sition pertaining to Glasgow, together with the fact that other smaller Ken­ lic interest. matter, a principal-city signal would be 9. We also believe that the assignment obtainable from such a site, the conclu­ tucky communities have been assigned of a Class A channel as a second as­ sion being drawn therefrom that such a two PM assignments5 are cited to sup­ port petitioner’s contention that Glasgow signment at Glasgow is warranted even is sufficiently important to warrant as­ though it will mean a mixture of Class A 2 The opponent of the proposal asserts that, signment of a second FM channel. Peti­ and Class C assignments in the same as Chamber of Commerce figures, these are tioner asserts that the opposition’s alle­ community, something which, as a gen­ of limited reliability, and calls attention to eral principle, we have tried to avoid. 1963 Ü.S. Census Bureau (Business Census) gations of economic injury lack sup­ It does not appear that any Class C as­ figures. These show Glasgow with 238 retail portive evidence. Finally, petitioner urges signment is available. Accordingly, we establishments with sales of $26,642,000; 108 that, in view of the limited area from are assigning Channel 288A to Glasgow, service establishments with receipts of $2,- which the proposed channel may be as­ Ky. Its use must, of course, comply with 516,000; and 43 wholesale businesses with signed, if the proposed assignment is not sales of $32,601,000. made it will lie fallow in an underserved applicable technical rules. 3 The “preclusion area” on Channel 288A area of Kentucky.® 10. RM—1264, Columbia, S.C. In a pe­ was substantially reduced during the pend­ tition filed on March 1, 1968, Cosmos ency of this proceeding, by assignment of 5 Corbin (population 7,119) and Preston- Broadcasting Corp., licensee of fulltime Channel 288A to Liberty, Ky. (RM-1248, burg (3,133), and also Madisonville, Ky. Station WIS (AM), Columbia, S.C., re­ Docket 18051,, FCC 68-486) . (13,110), only slightly larger than Glasgow. quests the addition of Class A Channel 4 This represents the maximum height 6 A supplemental engineering statement by 228 to Columbia to the two Class C as­ above ground permitted to provide 300 feet petitioner pertaining to its reply comments signments there, as follows: above average terrain at the assumed site, was filed Sept. 16, 1968, some 3 months after which is the maximum antenna height a.a.t. the last date specified for such comments. Channel No. permitted with the maximum effective radi­ Since the statement was not accompanied by City -----— ------— ated power (3 kw.). With lesser power a a showing of good cause for acceptance of Present Proposed greater height could be used. See §§ 73.211 (b) the late filing, it is not being considered in and 73.333 (fig. 3) of the rules. this proceeding. Columbia, S.C...... 250,284 228A, 250,284

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8298 RULES AND REGULATIONS Columbia, the capital of South Carolina, service to the area.® Cosmos further sub­ made? are close to Columbia itself (in­ has a population of 97,433 and its SMSA mits that, even though Channel 228A cluding Cayce, mentioned above) and the has a population of 300,102. The two would not have the priority of a Class C new assignment will be available to po­ Class C FM assignments are in operation channel, it is shown to be technically tential applicants under the “10-mile” as are five AM stations, two unlimited feasible in the area and urges its assign­ rule (§ 73.203(b)). The fact that peti­ time, two Class IV, and one daytime-only. ment in addition to any other Class C tioner’may be barred from a grant of 11. Cosmos states that the growth of service available to the city. an application for the channel under the Columbia and its county have been sig­ 14. A proposal is outstanding in an­ interim policy (Docket 18110) does not nificant and estimates the 1967 popula­ other notice of proposed rule making detract from the merit of assigning the tion of the city as 107,300 and that of the released March 6, 1969 (RM-1376, channel, since any qualified applicant county as 236,700 persons. It submits Docket 18476, FCC 69-207), to assign may apply for the channel when added that the total retail sales for 1966 were Channel 244A to Cayce, S.C., an adjacent to the table. As to the alleged restriction $255,949,000 and $380,044,000 for the city Columbia urbanized community of 8,517 that the assignment would have on siting and county, respectively. It urges that the population. In comments filed in the lat­ of an antenna for a Channel 229 station additional FM assignment falls within ter proceeding by the Cayce petitioner, at Charleston, S.C., the assignment as the general city population criteria used Lexington County Broadcasters, Inc. adopted meets the minimum spacing re­ in making up the table. An engineering (WCAY(AM)), it is proposed to assign quirements of the rules, and we do not showing is submitted showing that no. as­ Channel 228A to Cayce in lieu of its orig­ have evidence that it would be unduly signments will be precluded on the six inal proposal for 244A in order to avoid restrictive. Indeed, because of the very pertinent adjacent channels. On Channel a potential harmonic interference rela­ limited area to which Channel 228A may 228A itself, a very small area would be tionship with Television Station WIS- be used around Columbia and meet the precluded in the event it is assigned to TV, Channel 10, Columbia. Supporting minimum spacing requirements of the Columbia, the only community of any comments for the change in the Cayce rules, its assignment there will add to significant size contained therein (out­ assignment were also filed by Cosmos, the the overall efficiency of the FM assign­ side the Columbia area) being Camden.7 Columbia petitioner and licensee of Sta­ ment plan. Thus, Cosmos concludes that the assign­ tion WIS-TV. It is to be noted that until 16. In view of the foregoing, we are ment of a third FM channel to the large such time as a channel may be assigned assigning Channel 228A to Columbia, and growing community of Columbia to Cayce, if Channel 228A is assigned to vS.C. would have no adverse effects on future Columbia it will be available for applica­ 17. Authority for the adoption of the needed assignments elsewhere. tions at Cayce under the “10-mile” rule amendments adopted herein is contained 12. Palmetto Radio Corp., licensee of (73.203(b)). Furthermore, it appears that in sections 4(i), 303, and 307(b) of the Stations WNOK-AM-FM-TV, Columbia, still another Channel, 261A, would meet Communications Act of 1934, as opposes the proposed assignment pri­ the separation requirements at Cayce; amended. marily on the grounds that it would re­ thus, even assuming the concern for the 18. In accordance with the foregoing sult in mixture of Class A and C channels interference potential of Channel 244A determinations: It is ordered, That ef­ in the same community contrary to the has merit, assigning Channel 228A to fective June 30, 1969, § 73.202 of the Commission’s stated position in this re­ Columbia would not foreclose availability Commission’s rules, the FM Table of spect; that a Class A assignment to the of a channel for applications at Cayce.10 Assignments, is amended to read, insofar Columbia Metropolitan Area would be 15. After careful consideration of peti­ as the communities named are concerned, inappropriate in view of the primary tioner’s proposal outlined above, and the as follows: purpose intended for Class A channels, opposition thereto, we are of the view its C ity C hannel No. i.e., to serve smaller communities some adoption would serve the best interests K e n tu ck y : distance from metropolitan centers; and of the public and should be adopted. A G l a s g o w ------236, 288A that the assignment would severely re­ third FM assignment at Columbia would South Carolina: strict site selection in using Channel 229 conform to the general criteria used in C o lu m b ia ___ 288A, 250, 284 at Charleston, S.C. Finally, Palmetto con­ making the table and appears to be war­ (Secs. 4, 303, 307, 48 Stat., as amended, 1066, tends that adoption of the proposal ranted by the city’s size and importance. 1082, 1083; 47 U.S.C. 154, 303, 307) would be premature at this time, since In view of the size of Columbia and its Cosmos is a licensee of fulltime AM and metropolitan area, a Class C channel is Adopted: May 21, 1969. TV stations in Columbia and action on to be preferred to a Class A assignment; Released: May 26,1969. an application by Cosmos for the chan­ however, in this case a Class C channel F ede r a l C ommunications nel could not, therefore, be taken under does not appear available without making C o m m i s s i o n ,11 the interim policy adopted by the Com­ deletions or changes in existing operat­ [ s e a l ] B e n F . W a p l e , mission in Docket 18110.8 ing stations. Under these circumstances, Secretary. 13. Cosmos acknowledges that the departure from our usual policy of avoid­ [F.R. Doc. 69-6384; Filed, May 28, 1969; ing mixture of classes of stations in the 8 :4 8 a.m .] pending rule making proceeding (and the same community, or making a Class A interim procedure adopted therein) in assignment to the principal city of a Docket 18110 would present impediments metropolitan area, appears warranted. to its filing an application for Channel We take special notice here of the fact Title 50— WILDLIFE AND 228A if its proposed assignment were that no community having a need will be precluded from a channel if the pro­ FISHERIES adopted. Cosmos therefore notes that it posal is adopted. Aside from Camden, filed a “Petition for Declaratory Ruling” S.C., where an FM assignment '¡has al­ Chapter II— Bureau of Commercial on May 10, 1968, seeking removal of ready been provided in this proceeding, Fisheries, Fish and Wildlife Service, similar impediments to its acquisition of the only communities of significant size Department of the Interior the authorization of Class C FM Station where an assignment could otherwise be SUBCHAPTER D— WHALING WFIG, Channel 267C, Sumter, S.C., so PART 230— WHALING PROVISIONS as to enable Cosmos to bring a Class C 9 Cosmos’ “Petition for Declaratory Ruling” was dismissed on May 24, 1968, on the Fin and Sei Whale Quotas for grounds that it constituted a request for re­ 7 Camden was assigned Channel 232A in consideration of the interim policy adopted North Pacific this proceeding, RM-1254, First Report and in Docket 18110 and was, therefore, not On March 29,1969, a notice of proposed Order, Docket 18125, FCC 68-737. tim ely filed. rule making (34 F.R. 5950), was pub­ 8 Rule making in Docket 18110 (FCC 68-332, 10 A petition, RM-1452, received May 14, lished to amend Part 230, Title 50, Code March 1968) would, inter alia, preclude grant 1969, from Midland Valley Investment Co., of an FM license to a party licensed an un­ Inc., contains a plan for assigning Channel of Federal Regulations, the U.S. Whaling limited-time AM station in the same market. 261A to Burnettown, S.C., which, if adopted, Regulations. It was proposed to add a The interim policy simultaneously adopted would preclude assignment of Channel 261A new § 230.25 to the regulations which in the notice makes the proposed rules to Cayce, S.C. Accordingly, the Burnettown applicable pending finalization of the petition will be considered with any proposal 11 Commissioner Cox abstaining from vot­ proceeding. to assign Channel 261A to Cayce. ing; Commissioner Wadsworth absent.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 RULES AND REGULATIONS 8299 would establish a catch quota for fin the total population of these two species. SUBCHAPTER H— EASTERN PACIFIC TUNA and sei whales for the North Pacific. The Effective date. This amendment shall FISHERIES proposal was published pursuant to the be effective upon publication in the F e d ­ Whaling Convention Act of 1949 which e r a l R e g is t e r . PART 280— YELLOWFIN TUNA authorizes the Secretary of the Interior The new section will be added follow­ to adopt such regulations as may be ing the existing § 230.22, and the new Restrictions Applicable to Fishing necessary to carry out the purposes and section reads as follows: Vessels objectives of the International Whaling Convention. C a t c h Q u o t a s The document revising Part 280, Title Interested persons were given the op­ § 230.25 Fin and sei whale quotas for 50, of the Code of Federal Regulations, portunity to submit written comments the North Pacific. to the Director, Bureau of Commercial published in the F ederal R e g is t e r on Beginning with the 1969 season for May 17,1969, at 34 F.R. 7856, is corrected Fisheries, Department of the Interior. taking baleen whales, it is forbidden for Written comments were accepted U.S. citizens to take more than 44 fin by inserting in § 280.6(c) (3) the word through April 29,1969. whales, plus or minus 10 percent, and “capacity” between the words “vessel’s Several comments were received. The 60 sei whales from the waters of the carrying” and “in.” need to regulate this fishery through the North Pacific Ocean. establishment of international catch Issued at Washington, D.C., pursuant quotas, overrides the objections raised Issued at Washington, D.C., pursuant to authority delegated to me by the Sec­ to the quota imposed on the U.S. whal­ to authority delegated to me by the Sec­ ing company involved. Under the terms retary of the Interior on August 26, retary of the Interior on August 26, 1966 of an international agreement, if this 1966 (31 F.R. 11685) and dated May 23, (34 F.R. 11685) and dated May 23, 1969. quota system is not adopted by the 1969. H. E. C r o w t h e r , United States for 1969, there will be no H. E. C r o w t h e r , limitation on the number of fin and sei Director, Director, whales taken in the North Pacific by any Bureau of Commercial Fisheries. Bureau of Commercial Fisheries. nation during the coming season. This [F.R. Doc. 69-6375; Filed, May 28, 1969; [F.R. Doc. 69-6358; Filed, May 28, 1969; could result in a disastrous reduction of 8 :4 7 a.m .] 8 :4 6 a .m .]

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8300 Proposed Rule Making

1. Realign V -5 1 and V-267 segments notice of proposed rule making (34 F.R. DEPARTMENT OF from Miami, Fla., with a 1,200-foot AGL 6797) proposing to add a new cylinder floor via the intersection of Miami 343° specification 8BW (49 CFR 178.62) for T (343° M) and Pahokee, Fla., 169° T shipping acetylene, to the Hazardous TRANSPORTATION (169° M) radials; to Pahokee. Materials Regulations of the Department 2. Realign V-159 segment from Miami of Transportation. That notice stated Federal Aviation Administration with a 1,200-foot AGL floor via the inter­ that all comments received before [ 14 CFR Part 71 1 section of Miami 343° T (343° M) and May 29,1969, would be considered by the Palm Beach, Fla., 222° T (222° M) radi­ Board before taking final action on the [Airspace Docket No. 69—SO—32] als; to Palm Beach. notice. FEDERAL AIRWAY SEGMENTS 3. Realign V-492 south alternate seg­ The Pressed Steel Tank Co., Inc., by ment from La Belle, Fla., with a 1,200- letter dated May 2, 1969, has requested Proposed Alteration foot AGL floor via the intersection of the Board to extend the period for filing The Federal Aviation Administration La Belle 113° T (112° M) and Palm Beach comments to June 30, 1969. The peti­ is considering amendments to Part 71 of 252° T (252° M) radials; to Palm Beach. tioner occupies a major role in the fabri­ These proposed airway realignments the Federal Aviation Regulations that would facilitate the transition of high cation of acetylene cylinders and desires would realign segments of VOR Federal altitude arrival and departure traffic in additional time to facilitate its technical airway Nos. 51, 159, 267, and 492. review of the proposed cylinder specifica­ Interested persons may participate in the Miami terminal area. the proposed rule making by submitting These amendments are proposed under tion. such written data, views, or arguments the authority of section 307(a) of the The Board believes that the petitioner as they may desire. Communications Federal Aviation Act of 1958 (49 U.S.C. has shown à substantive interest in the should identify the airspace docket num­ 1348) and section 6(c) of the Depart­ matter and that the request made is ber and be submitted in triplicate to the ment of Transportation Act (49 U.S.C. 1655(c)). justified. Therefore, the time within Director, Southern Region, Attention: which comments on Docket No. HM-23 ; Chief, Air Traffic Division, Federal Avia­ Issued in Washington, D.C., on May tion Administration, Post Office Box 20,1969. Notice No. 69-11 will be received is ex­ 20636, Atlanta, Ga. 30320. All communi­ T. M cC o r m a c k , tended to June 30, 1969. cations received within 30 days after Acting Chief, Airspace and Issued in Washington, D.C., on May 26, publication of this notice in the F ed e r a l Air Traffic Rules Division. 1969. R e g is t e r will be considered before action [F.R. Doc. 69-6372; Filed, May 28, 1969; J. B. M cC a r t y , Jr., is taken on the proposed amendments. 8 :4 7 a.m .] Captain, U.S. Coast Guard, by The proposals contained in this notice direction of Commandant, may be changed in the light of comments U.S. Coast Guard. received. Hazardous Materials Regulations An official docket will be available for Board R . N . W h it m a n , Administrator, examination by interested persons at the [ 49 CFR Parts 173, 178 1 Federal Aviation Administration, Office Federal Railroad Administration. [Docket No. HM-23; Notice No. 69-16] of the General Counsel, Attention: Rules F . C . T u r n e r , Docket, 800 Independence Avenue SW., NEW SPECIFICATION 8BW CYLINDER Administrator, Washington, D.C. 20590. An informal Federal Highway Administration. docket also will be available for examina­ FOR ACETYLENE M e r r it t D. B o y l e , tion at the office of the Regional Air Notice of Extension of Time To File For Board Member, for the Traffic Division Chief. Comments The Federal Aviation Administration Federal Aviation Administration. is considering the following airspace On April 23, 1969 the Hazardous Ma­ [F.R. Doc. 69-6382; Filed, May 28, 1969; actions: terials Regulations Board published a 8 :4 8 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8301 Notices

Signed at Washington, D.C., on DEPARTMENT OF THE TREASURY DEPARTMENT OF AGRICULTURE May 23, 1969. K e n n e t h E . F r ic k , Office of Foreign Assets Control Agricultural Stabilization and Administrator, Agricultural Sta­ Conservation Service CHINESE TYPE FOODSTUFFS bilization and Conservation MAINLAND CANE SUGAR AREA Service. Importation Directly From Taiwan [F.R. Doc. 69-6387; Filed, May 28, 1969; (Formosa); Available Certifications 1970 Crop Proportionate Shares 8 :4 8 a jn .] Notice is hereby given that certificates Notice is hereby given that the Secre­ tary of Agriculture, acting pursuant to of origin issued by the Ministry of Eco­ Rural Electrification Administration nomic Affairs of the Government of the the Sugar Act of 1948, as amended, is Republic of China under procedures preparing to conduct a public hearing to ORGANIZATION AND FUNCTIONS agreed upon between that government receive views and recommendations from and the Office of Foreign Assets Control all interested persons on the need for The organization and functions of the in connection with the Foreign Assets establishing proportionate shares for the Rural Electrification Administration are Control Regulations are now available 1970 sugarcane crop in the Mainland as follows: with respect to the importation into the Cane Sugar Area (Louisiana and Central Organization. The principal United States directly, or on a through Florida). office of the Rural Electrification Ad­ bill of lading, from Taiwan (Formosa) In accordance with the provisions of ministration is at Washington, D.C. The of the following commodities: paragraph (1), subsection (b) of section function of the agency is the carrying 302 of the Sugar Act of 1948, as amended, out of a program of rural electrification Broad beans, flavored, fried. the Secretary must determine for each and rural telephony, as provided for by Allium bakeri, seasoned. crop year whether the production of the Rural Electrification Act of 1936, as [ s e a l ] M argaret W. S c h w a r t z , sugar from any crop of sugarcane in the amended (7 U.S.C. 901-15, 921-924). Director, area will, in the absence of proportionate The Administrator. The Administrator Office of Foreign Assets Control. shares, be greater than the quantity is appointed by the President, with the advice and consent of the Senate, for a [F.R. Doc. 69-6394; Filed, May 28, 1969; needed to enable the area to meet its 8 :4 9 a.m .] quota and provide a normal carryover term of 10 years. He functions as the inventory, as estimated by the Secretary chief administrative official of the for such area for the calendar year dur­ agency under the general supervision ing which the larger part of the sugar and direction of the Assistant Secretary, DEPARTMENT OF THE INTERIOR from such crop normally would be mar­ Rural Development and Conservation, keted. Such determinations may be made He is aided directly by a Deputy Admin­ Bureau of Land Management only after due notice and opportunity istrator and Assistant Administrators for for an informal public hearing. the Electric Program, for the Telephone CALIFORNIA The hearing on this matter will be con­ Program and for Administration. The ducted at the Americana Hotel, Miami work is carried on through the offices and Notice of Partial Termination of Pro­ divisions described in succeeding para­ posed Withdrawal and Reservation Beach, Fla., beginning a t 10 a.m., e.d.t., on June 6,1969. graphs. of Lands Views and recommendations are de­ J o in t E l e c t r ic a n d T e l e p h o n e P ro gram M a y 22, 1969. sired on all phases of the proportionate A c t iv it ie s Notice of a Bureau of Reclamation, share program. They may be submitted U.S. Department of the Interior, applica­ Office of Legislative and Regulatory in writing, in triplicate, at the hearing, Consultant. This office counsels and ad­ tion, Sacramento 079877, for withdrawal or may be mailed to the Director, Sugar and reservation of lands for the planned vises the Administrator as to policy, pro­ Policy Staff, Agricultural Stabilization gram, and procedural implications of facilities of the Auburn-Folsom South and Conservation Service, U.S. Depart­ Federal and Statë legislative and regula­ Unit of the Central Valley Project, was ment of Agriculture, Washington, D.C. tory matters relating to the REA pro­ published as F.R. Doc. 65-11539 on pages 20250 so as to be received not later than gram. Maintains liaison with agencies 13747 and 13748 of the issue for Octo­ of the Department of Agriculture and June 30, 1969. Interested persons will other Government agencies concerning ber 28, 1965. The applicant agency has be given the opportunity at the hearing canceled its application insofar as it af­ such matters. The director of this office to appear and submit orally data, views, reports to the Deputy Administrator. fects the following described lands: and arguments in regard to the estab­ Joint Program Operations Staff. The M o u n t D i a b l o M e r i d i a n lishment of proportionate shares. Joint Program Operations Staff admin­ T. 15 N., R. 10 E„ The farm proportionate shares in ef­ isters activities carried on by the pro­ Sec. 28, lot 5. gram specialists working in both the fect for the 1969 crop of sugarcane limit rural electric and telephone programs. Therefore, pursuant to the regulations sugarcane acreage on farms in the Main­ The staff activities included are: Labor contained in 43 CFR Part 2311, such land Cane Sugar Area in total to 15 per­ relations, architectural engineering, bor­ lands at 10 a.m. on June 26, 1969, will be cent less than the proportionate share rowers’ safety and training, equal em­ relieved of the segregative effect of the acreage established for the 1968 crop. ployment and civil rights, member above-mentioned application. All written submissions made pursu­ services, community development, loan review and borrowers’ insurance. The E l iz a b e t h H . M id t b y , ant to this notice will be made available director of this staff reports to the Chief, Lands Adjudication Section. for public inspection at such times and Deputy Administrator. [F.R. Doc. 69-6359; Filed, May 28, 1969; places and in a manner convenient to the Borrowers’ Financial Management 8 :4 6 a.m .] public business (7 CFR 1.27(b)). Division. This division administers REA

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 No. 103- 8302 NOTICES activities concerned with electric and signs, specifications and contracts; the located in areas they serve. Each area telephone borrowers’ accounting and review and approval of completed con­ office, within its assigned geographic with the auditing of borrowers’ records. struction; appraisal of the financial and area: Appraises loan applications and The director of this division reports to operating performance of borrowers' prepares loan recommendations; reviews the Deputy Administrator. systems; and advice and assistance to the financial and operating performance borrowers concerning design, construc­ of borrowers; analyzes engineering plans, ' -A dministrative A c t iv it ie s tion, management, operation, and main­ specifications, and construction con­ The administrative activities of the tenance of electric systems. The Power tracts; reviews and approves completed agency, as follows, are directed by Supply Division supplements the work construction; administers advance of the Assistant Administrator for Ad­ of the area offices by carrying out line funds to borrowers; and provides advice ministration. and staff activities of REA related to and assistance to borrowers concerning Office of Budget. This office admin­ construction of the facilities of Power loans and the design, construction, man­ isters the administrative and loan budget Supply Borrowers. agement, operation, and maintenance of program of the agency and participates The designation of the five area offices systems. in program planning and evaluation. and the assigned geographic areas are as The designation of the five area offices Maintains liaison on budgetary matters follows: Northeast Area Office adminis­ and the assigned geographic areas are as with Congressional Committees, the tering the program in the States of follows: Northeast Area Office adminis­ staff of the Department of Agriculture, Maine, New Hampshire, Vermont, New tering the program in the States of the Bureau of the Budget, and other York, Pennsylvania, Ohio, Michigan, Maine, New Hampshire, Vermont, New Government agencies. Indiana, West Virginia, Maryland, Dela­ York, Pennsylvania, Ohio, Michigan, ware, New Jersey, Virginia, and North Indiana, West Virginia, Maryland, Dela­ Office of Program Analysis. This office Carolina; Southeast Area Office admin­ ware, New Jersey, Virginia, and North analyzes and- evaluates economic and istering the program in the States of Carolina; Southeast Area Office adminis­ statistical data concerning agency pro­ Kentucky, Tennessee, Mississippi, Ala­ tering the program in the States of Ken­ grams. Provides advice and assistance to bama, Georgia, South Carolina, and tucky, Tennessee, Mississippi, Alabama, the Office of the Administrator and to Florida; North Central Area Office ad­ Georgia, South Carolina, and Florida; divisions and area offices to facilitate ministering the program in the States North Central Area Office administering sound and effective program planning of North Dakota, South Dakota, Minne­ the program in the States of North and appraisal. Conducts special program sota, Wisconsin, Iowa, and Illinois; Dakota, South Dakota, Minnesota, Wis­ studies and analyses. Southwest Area Office administering the consin, Iowa, and Illinois; Southwest Information Services Division. The program in the States of Missouri, Area Office administering the program division administers the information Arkansas, Oklahoma, Louisiana, Texas, in the States of Missouri, Arkansas, services program of the agency to pro­ New Mexico, and Arizona, and Western Oklahoma, Louisiana, Texas, New Mex­ vide borrowers and the public with in­ Area Office administering the program ico, and Arizona, and Western Area Of­ formation concerning the operations, in the States of Kansas, Nebraska, Colo­ fice administering the program in the status, progress, and accomplishments rado, Wyoming, Montana, Utah, Idaho, States of Kansas, Nebraska Colorado, of the rural electrification and rural Washington, Oregon, Nevada, California, Wyoming, Montana, Utah, Idaho, Wash­ telephone programs. and Alaska. ington, Oregon, Nevada, California, and Personnel Management Division. The Power Supply Division. This division Alaska. division administers the personnel pro­ provides technical staff assistance to the Telephone Operations and Standards gram of the agency involving classifica­ area offices, and to borrowers as re­ Division. The division administers the tion and wage administration; conduct quested, with respect to borrowers’ elec­ staff activities of REA pertaining directly of organization studies and surveys; de­ tric generation and transmission systems. to the telephone program. It is respon­ velopment of recommendations for It also has the responsibility for both the sible for developing proposed policies, organization changes required to ad­ line and staff activities of REA con­ standards, and procedures concerning minister agency problems; preparation cerned with construction of the facilities loans and the engineering, construction, of organization charts; employment and of Power Supply Borrowers included in management and operation of the rural placement functions; employee rela­ approved loans. The division maintains telephone systems of borrowers. This in­ tions; training; safety; and health liaison with other organizations concern­ cludes studies and analyses regarding activities. ing the subject matter areas for which it rates, toll traffic agreements, valuation Accounting and Administrative Serv­ is responsible. and acquisition of facilities; and systems ices Division. The division administers Electric Operations and Standards Di­ designs and costs. The division is respon­ agency activities concerned with: admin­ vision. This division administers electric sible for the development of standards, istrative and loan accounting and cen­ program staff activities for the processing specifications and other technical data tralized statistical and data processing by REA of electric loan applications and relating to rural telephone systems. The activities of the Agency; management the development of proposed policies, division staff provides advice and as­ analysis, cost reduction and operations standards, and procedures concerning sistance within their subject matter re­ improvement; and the general admin­ the design, construction, management, sponsibility to agency officials and to istrative service functions of the Agency technical operation, and retail rates of borrowers as requested. The division pertaining to procurement, space, rec­ the electric distribution systems of REA maintains liaison with other organiza­ ords management, and communications. borrowers. The division provides advice tions on matters concerned with its functions. E l e c t r ic P ro gram A c t iv it ie s and assistance on the above subject mat­ ter to the electric area offices, and to Submittals, requests and information: The electric program activities of REA borrowers as requested, and maintains Submittals, requests, and informational are administered under the direction of liaison for REA with other organizations inquiries may be made to the Administra­ the Assistant Administrator—Electric. on matters within its functional tor or to any affected officer or organiza­ Electric Area Offices. The line activi­ responsibility. tional unit set forth above. The person or ties of REA in the electric program are organizational unit should be addressed carried out primarily through five area T e l e p h o n e P ro g ram A c t iv it ie s at the Rural Electrification Administra­ offices with headquarters in Washington. The telephone program activities of tion, U.S. Department of Agriculture, Field employees have their homes as REA are administered under the direc­ Washington, D.C. 20250. headquarters and operate under super­ tion of the Assistant Administrator— This notice supersedes the notice on vision of the area office in Washington. Telephone. REA Organization published in 32 F.R. Within its assigned geographic area, Telephone Area Offices. The line activ­ 10817-10818. each area office is responsible for: the ities of REA in the telephone program appraisal of loan applications and the are carried out through five area offices Issued this 23d day of May 1969. preparation of loan recommendations to with headquarters in Washington. The E . C . W e it z e l l , the Administrator; the advance of loan area offices employ field specialists, su­ Acting Administrator. funds to borrowers; the analysis of en­ pervised from Washington, who have [F.R. Doc. 69-6389; Filed, May 28, 1969; gineering and construction plans, de- their homes as headquarters centrally 8:48 a.m.] .

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8303 financing direct investment abroad, on direct investor reports regarding condi­ DEPARTMENT OF COMMERCE particular industries with distinct direct tions attached to authorizations and ex­ investment problems, and on the relation emptions, and of certificates regarding Office of the Secretary of the Foreign Direct Investment Pro­ foreign borrowing filed by direct inves­ [Dept. Order 184r-B] gram to other U.S. Government Balance tors; and of Payments Programs, utilizing the ad­ e. Develop statistical and special re­ OFFICE OF FOREIGN DIRECT vice and assistance of the Office of Busi­ ports with respect to specific authoriza­ INVESTMENTS ness Economics, as appropriate; tions or exemptions and foreign Organization and Functions d. Plan and coordinate internal infor­ borrowings certified to the Office. mation flows, computer and data require­ S e c . 8. Compliance Division. The Com­ The following order was issued by the ments, and prepare special periodic pliance Division shall: Secretary of Commerce on May 19, 1969. internal analytical reports and special a. Conduct routine and special audits This material supersedes the material studies requested by the Director; and and investigations to determine whether appearing at 33 F.R. 4222 of March 6, prepare data on the program for direct investors are complying with the 1968. publication; requirements of the Foreign Direct In­ Section 1. Purpose. The purpose of e. Provide policy input in the specific vestment Program and take appropriate this order is to prescribe the organization authorization and exemption process; action; and assignment of functions within the and b. Develop and present evidence in Office of Foreign Direct Investments (the f. Plan, coordinate and prepare report­ any administrative proceeding instituted “Office”). ing forms and respective instructions; for the enforcement of the Foreign S ec. 2. Organization structure. The answer inquiries about reporting forms Direct Investment Program; organization structure and line of au­ or instructions; review direct investors’ c. Examine investigation reports and thority within the Office shall be as de­ reports for completeness, accuracy, information from other sources for pos­ picted in the attached organization validity, and timely filing; contact re­ sible violations of the Regulations or chart. (A copy of the organization chart porters regarding problems encountered other agency actions and prepare ma­ is on file with the original of this docu­ on their report or delinquent reporting; terials for use in connection with ment with the F ederal R egister.) and assure orderly processing" of reports proceedings in the Federal Courts; and Sec. 3. Office of the Director. .01 The and timely provision of data. d. Advise and assist in the preparation Director, as head of the Office, directs S e c . 6. Legal Division. The Legal Divi­ of forms required to be filed by direct and is responsible for all operations of sion shall: investors and advise other divisions on the Office. a. Provide legal advice on applications general accounting matters. .02 The Deputy Director for Opera­ for specific authorization or exemption Sec. 9. Support Services. The Office of tions assists the Director in the manage­ and prepare necessary correspondence the Assistant Secretary for Administra­ ment of the Office, is responsible for the for transmitting recommendations and' tion shall provide personnel, budget, coordination of the activities of the Au­ decisions; finance, and administrative services to thorizations Division and the Compliance b. Participate in the determination of the Office. Division and assumes the functions of the need for amendments to the Foreign Di­ Director during the latter’s absence. rect Investment Regulations (the “Regu­ Effective date: May 19, 1969. .03 The Deputy Director for Planning lations”) and prepare such amendments; L a r r y A . J o b e , assists the Director in the management c. Prepare and issue general bulletins Assistant Secretary of the office and is responsible for co­ to the public containing detailed inter­ for Administration. ordination of the activities of the Re­ pretations of the Regulations and policy ports Analysis and Policy Division and, statements of the Office; [F.R. Doc. 69-6377; Filed, May 28, 1969; consistent with Department Order 104, d. Prepare and issue to applicants in­ 8 :4 7 a.m .] of the Legal Division. terpretative opinions concerning the .04 The Assistant Director shall assist Regulations; the Director by representing the Office in e. Provide legal review and advice on contacts with representatives of foreign internal documents and on documents DEPARTMENT OF HEALTH, EDU­ governments and commercial and bank­ for public release; and provide legal ad­ ing communities and maintaining liai­ vice and assistance, as may be required, CATION, AND WELFARE son with U.S. banking, business and trade to officials of the Office, the Foreign Di­ associations and with agencies of the rect Investments Appeals Board, and Food and Drug Administration U.S. Government, as directed. the Department; and NOVOBIOCIN FOR USE IN CHICKEN .05 The Special Assistant to the Di­ f. Participate in the determination of AND TURKEY FEED rector shall perform such duties as the need for reporting forms and changes in Director will assign. reporting forms and in the preparation of Drugs for Veterinary Use; Drug Sec. 4. Staff offices. .01 The Admin­ such forms. Efficacy Study Implementation istrative Officer shall arrange for and S e c . 7. Authorizations Division. The facilitate the provision of administrative Authorizations Division shall: The Food and Drug Administration services from the Office of the Secretary, has evaluated a report received from the develop and maintain the internal ad­ a. Review and recommend action on National Academy of Sciences—National ministrative management system of the applications from direct investors for Research Council, Drug Efficacy Study Office, and perform other specific ad­ specific authorization or exemption; Group, on the following preparation: ministrative assignments as directed by b. Review quarterly reports iron; di­ Albamix; each pound contains 25 grams the Director. rect investors for consistency with spe­ of novobiocin; by Tuco Products Co., .02 The Information Officer shall cific authorizations or exemptions Division of The Upjohn Co., Kalamazoo, provide public information services for previously granted and to determine if Mich. 49001. the Office. significant errors, which have an impact The Academy concludes that (1) this Sec. 5. Reports Analysis and Policy on the validity of office data, or potential product is probably effective for use in Division. The Reports Analysis and compliance problems are involved; chicken and turkey feed for the treat­ Policy Division shall: c. Provide assistance and advice to ment of synovitis, generalized infections, a. Measure the effect of the Foreign current or potential investors regarding and breast blisters associated with Direct Investments Program on the U.S. any problems, they may have under the staphylococci infections; (2) each dis­ balance of payments and on relevant na­ Regulations and to help them proceed ease claim should be properly qualified tional indices; with their investment plans within'the as “appropriate for use in (name of b. Formulate recommendations con­ context of the goals of the Foreign Di­ disease) caused by pathogens sensitive cerning policy issues; rect Investment Program; to novobiocin” and, if the disease cannot c. Conduct studies on foreign borrow­ d. Maintain central files of specific be so qualified, the claim must be ing trends and problems associated with authorization and exemption cases, of dropped; (3) the label should warn that

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8304 NOTICES treated animals must actually be con­ Research Council, Drug Efficacy Study N.Y. 10016, proposing the issuance of a suming enough medicated feed to pro­ Group, on the following preparations: food additive regulation (21 CFR Part vide a therapeutic dosage under the Mercaptocaine Creme; contains 2 per­ 121) to provide for the safe use of nali-~ conditions that prevail; and (4) as a pre­ cent 2-mercaptobenzothiazole, 5 percent dixate (sodium l-ethyl-l,4-dihydro-7- caution the label should indicate the benzocaine, and 0.2 percent 2-chloro-4- methyl - 4 - oxo -1,8 -naphthyridine-3-car- desired oral dose per unit of animal phenylphenol (all by weight) ; marketed boxy late monohydrate) in the drinking weight per day for each species as a by Pitman-Moore, Division of The Dow water of chickens as an aid in the control guide to effective usage of the prepara­ Chemical Co., Research Center, Post Of­ of gram-negative bacterial infections in tion in feed. fice Box 10, Zionsville, Ind. 46077. chronic respiratory disease (air-sac The Food and Drug Administration The Academy concludes that: (1) infection). concurs with the above conclusions of This product is probably effective as an Dated: May 21,1969.' the Academy. antiseptic and a topical anesthetic for This evaluation is concerned only with animals; (2) there is incomplete docu­ R. E. D u g g a n , the drug’s effectiveness and safety to the mentation for'its use on animals, espe­ Acting Associate Commissioner animal to which administered. It does cially as a fungicide, and this term for Compliance. not take into account the safety for food should be made more specific; and (3) [F.R. Doc. 69-6357; Filed, May 28, 1969; use of food derived from drug-treated warnings should be included about the 8 :4 6 a.m .] animals. Nothing in this announcement possible sensitizing effect of benzocaine. will constitute a bar to further proceed­ The Food and Drug Administration con­ ings with respect to questions of safety curs with the Academy’s conclusions. of the drug or its metabolites as residues This announcement is published (1) to DEPARTMENT OF HOUSING AND in food products derived from treated inform the holders of new-drug applica­ animals. tions of the findings, of the Academy and URBAN DEVELOPMENT This announcement • is published (1) of the Food and Drug Administration to inform the holders of new-drug appli­ and (2) to inform all interested persons DIRECTOR, URBAN RENEWAL cations of the findings of the Academy that such articles to be marketed must DEMONSTRATION PROGRAM and of the Food and Drug Administra­ be the subject of approved new-drug ap­ tion and (2) to inform all interested plications and comply with all other re­ Redelegation of Authority With Re­ persons that such articles to be marketed quirements of the Federal Food, Drug, spect to Urban Renewal Demon­ must be the subject of approved new- and Cosmetic Act. stration Program; Revocation drug applications and comply with all Holders of the new-drug applications other requirements of the Federal Food, are provided 6 months from the publica­ S e c t io n A. Redelegation of authority. The Director, Urban Renewal Demon­ Drug, and Cosmetic Act. tion hereof in the F e d e r a l R e g is t e r to Holders of the new-drug applications submit adequate documentation in sup­ stration Program, is hereby authorized to port of the labeling used. exercise the following authority of the are provided 6 months from the publica­ Secretary of Housing and Urban Devel­ tion of this announcement in the F e d ­ Written comments regarding this an­ opment with respect to the urban renewal er a l R e g is t e r to submit adequate docu­ nouncement, including requests for an mentation in support of the labeling informal conference, may be addressed demonstration program under section 314 used. to the Bureau of Veterinary Medicine, of the Housing Act of 1954, as amended Written comments regarding this an­ Food and Drug Administration, 200 C (42 U.S.C. 1452a): nouncement, including requests for an Street SW., Washington, D.C. 20204. 1. To execute grant contracts and informal conference, may be addressed The holder of the new-drug applica­ amendments thereto within the amounts to the Bureau of Veterinary Medicine, tion for the subject drug has been mailed and conditions of allocation orders ap­ Food and Drug Administration, 200 C a copy of the NAS-NRC report. Any proved by the Assistant Secretary for manufacturer, packer, or distributor of a Research and Technology. Street SW., Washington, D.C. 20204. 2. To approve requisitions for funds, The holder of the new-drug applica­ drug of similar composition and labeling to it or any other interested person may third-party contracts, and budget tion for the subject drug has been mailed amendments. a copy of the NAS-NRC report. Any also obtain a copy by writing to the Food manufacturer, packer, or distributor of and Drug Administration, Press Rela­ S e c . B. Revocation. The redelegation a drug of similar composition and label­ tions Office, 200 C Street SW., Washing­ of authority by the Director, Office of ing to it or any other interested person ton, D.C. 20204. Uiban Technology and Research, to the may also obtain a copy by writing to the This notice is issued pursuant to the Director, Urban Renewal Demonstration Food and Drug Administration, Press provisions of the Federal Food, Drug, Program, published at 32 F.R. 9325, June Relations Office, 200 C Street SW., Wash­ and Cosmetic Act (secs. 502, 505, 52 Stat. 30,1967, is hereby revoked. ington, D.C. 20204. 1050^53, as amended; 21 U5.C. 352, 355) (Secretary’s delegation to Assistant Secretary This notice is issued pursuant to the and under authority delegated to the for Research and Technology effective May provisions of the Federal Food, Drug, Commissioner of Food and Drugs (21 14, 1969 (34 F.R. 7873, May 17, 1969)) and Cosmetic Act (secs. 502, 505, 52 Stat. CFR 2.120). Effective date. This redelegation of 1050-53, as amended; 21 U.S.C. 352, 355) Dated: May 21, 1969. authority shall be effective as of May 26, and under authority delegated to the J . K . K ir k , 1969. Commissioner of Food and Drugs (21 H arold B. F in g e r , CFR 2.120). Associate Commissioner for Compliance. Assistant Secretary for Dated: May 21,1969. Research and Technology. [F.R. Doc. 69-6356; Filed, May 28, 1969; J . K . K i r k , 8 :4 6 a.m .] [F.R. Doc. 69-6395; Filed, May 28, 1969; Associate Commissioner 8 :4 9 a .m .] for Compliance. STERWIN LABORATORIES, INC. [F.R. Doc. 69-6355; Filed, May 28, 1969; DIRECTOR, LOW-INCOME HOUSING 8 :4 6 a .m .] Notice of Filing of Petition for Food DEMONSTRATION PROGRAM Additive Nalidixate Redelegation of Authority With Re­ MERCAPTOCAINE CREME Pursuant to the provisions of the Fed­ spect to Low-Income Housing Dem­ eral Food, Drug, and Cosmetic Act (sec. onstration Program; Revocation Drugs for Veterinary Use; Drug 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Efficacy Study Implementation (b) (5)), notice is given that a petition S e c t io n A. Redelegation q/ authority. The Food and Drug Administration (41-835V) has been filed by Sterwin Lab­ The Director, Law-Income Housing Dem­ has evaluated a report received from the oratories, Inc., Subsidiary of Sterling onstration Program, is hereby authorized National Academy of Sciences—National Drug, Inc., 90 Park Avenue, New York, to exercise the following authority of the

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8305 Secretary of Housing and Urban Devel­ Effective date. This redelegation of au­ '(Boyd County) but in Cabell County, opment with respect to the low-income thority shall be effective as of May 26, W. Va., where it is closer to Huntington housing demonstration program under 1969. than a site located in Catlettsburg; (5) section 207 of the Housing Act of 1961, as H aro ld B. F in g e r , both of K & M’s partners reside in Ash­ amended (42 U.S.C. 1436): Assistant Secretary for land, Ky.; and (6) Catlettsburg is now 1. To execute grant contracts and Research and Technology. without any FM, AM or TV broadcast amendments thereto within the amounts [F.R. Doc. 69-6398; Filed, May 28, 1969; station while Huntington has several and conditions of allocation orders ap­ 8 :4 9 a.m .] broadcast facilities. On this factual proved by the Assistant Secretary for Re­ basis, the petitioner argues that K & M’s search and Technology. proposal to use a Class B FM channel, 2. To approve requisitions for funds, which is intended by the Commission to third-party contracts, and budget FEDERAL COMMUNICATIONS serve metropolitan centers and wide amendments. areas, in the small community of Cat­ Sec. B. Revocation. The redelegation COMMISSION lettsburg is, in reality, an attempt to of authority by the Director, Office of serve the two larger communities of Urban Technology and Research, to the [Dockets Nos. 18439, 18440; FCC 69R^239] Huntington and Ashland and the Hunt- Director, Low-Income Housing Demon­ CHRISTIAN BROADCASTING ASSO­ ington-Ashland Urbanized Area. Chris­ stration Program, published at 32 P.R. tian contends that the addition of a sub­ CIATION, INC., AND K & M urban community issue here is neces­ 9326, June 30, 1967, is hereby revoked. BROADCASTING CO. sary in order to prevent the grant of an (Secretary’s delegation to Assistant Secretary Memorandum Opinion and Order FM facility in a contested proceeding for Research and Technology effective May 14, to an applicant claiming a section 307 1969 (34 F.R. 7873, May 17, 1969)) Enlarging Issues (b) preference as a first local station in Effective date. This redelegation of In re applications of Christian Broad­ a small community when, in fact, the authority shall be effective as of May 26, casting Association, Inc., Huntington, W. applicant’s proposal is tailored to serve 1969. Va., Docket No. 18439, File No. BPH- an entire urbanized area with a popu­ lation many times that of the designated H arold B. F in g e r , 6437; Edgar Kitchen and Hal Murphy, Assistant Secretary for doing business as K & M Broadcasting station location. Finally, petitioner notes Research and Technology. Co., Catlettsburg, Ky., Docket No. 18440, that, although the Commission’s Policy File No. BPH-6466; for construction Statement on section 307(b) Considera­ [F.R. Doc. 69-6396; Filed, May 28, 1969; permits. tions for Standard Broadcast Facilities 8 :49 a .m .] 1. This proceeding involves the above Involving Suburban Communities, 2 FCC captioned mutually exclusive appli­ 2d 190, 6 RR 2d 1901 (1965), refers to DIRECTOR, URBAN PLANNING RE­ cations for construction permits to es­ AM applications, the same policy has tablish new FM broadcast stations on been extended to FM proposals, citing SEARCH AND DEMONSTRATION Channel No. 300 in Huntington, W. Va., Berwick Broadcasting Corp., 12 FCC 2d PROGRAM and Catlettsburg, Ky. By order, 16 FCC 8, 12 RR 2d 665 (1968). Redelegation of Authority With Re­ 2d 594, released February 17, 1969, the 3. In opposition, K&M contends that, Commission designated the applications entirely aside from the fact that the spect to Urban Planning Research for hearing on various issues, including Commission’s Policy Statement does not and Demonstration Program; Rev­ a section 307(b) issue and a contingent apply to FM applications, Christian’s ocation . comparative issue. Presently before the petition must be denied since its sup­ S e c t io n A. Redelegation of authority. Review Board is a petition to enlarge porting assumptions are untrue. In this The Director, Urban Planning Research issues, filed March 7, 1969, by Christian regard, K&M points out that the only and Demonstration Program, is hereby Broadcasting Association, Inc. (Chris­ assigned FM channel in the area which authorized to exercise the following au­ tian) , which seeks the addition of a sub­ could be used at Catlettsburg is a Class thority of the Secretary of Housing and urban community issue and of a Subur­ B channel and that the proposed trans­ Urban Development with respect to ban issue to this proceeding in regard mitter site was selected to meet station studies, research, and demonstration to the proposal of K & M Broadcasting separation requirements imposed by the projects on comprehensive urban plan­ Co. (K&M).1 Commission’s rules and not because the ning, and grants for research on State Suburban community issue. 2. In sup­ applicant did not wish to serve the com­ statutes affecting local governments un­ port of its request for a suburban com­ munity of Catlettsburg.2 K&M points to der section 701(b) of the Housing Act munity issue, Christian notes that: (1) an alleged basic inconsistency in Chris­ of 1954, as amended (40 U.S.C. 461(b)) : K & M proposes to establish an FM tian’s petition, i.e., on the one hand, facility at Catlettsburg, Ky., a com­ Christian asserts that K & M’s failure to 1. To execute grant contracts and munity of 3,874 persons, utilizing a Class make a sufficient number of program amendments thereto within the amounts B FM channel assigned to Huntington, contacts outside of Catlettsburg supports and conditions of allocation orders ap­ W. Va., with an effective radiated power the requested Suburban issue while, on proved by the Assistant Secretary for of 50 kilowatts; (2) K & M’s 1 mv/m the other hand, Christian argues that Research and Technology. contour, as disclosed in its engineering K & M’s proposal is tailored to serve an report, will include no less than 189,990 entire urbanized area. K & M also states 2. To approve requisitions for funds, persons, and its 3.16 mv/m city-grade that, subsequent to the filing of the third-party contracts, and budget contour covers all of Huntington, W. Va. Christian petition, its consulting en­ amendments. (83,627 population) and Ashland, Ky. gineer studied the feasibility of eliminat­ S e c . B. Revocation. The redelegation (31,283 population); (3) Catlettsburg is ing the conflict between the Christian of authority by the Director, Office of in the heart of the Huntington-Ashland and K&M applications through the al- Urban Technology and Research, to the Urbanized Area; (4) K & M’s proposed location ~of an FM channel to Catletts­ transmitter site is not located in Catletts­ burg; that, as a result of the study, K&M Director, Urban Planning Research and burg or in the community’s home county Demonstration Program, published at 32 F.R. 9326, June 30, 1967, is hereby 2 K & M contends that the Berwick revoked. 1Also before the Review Board are: (a) precedent, cited by the petitioner in support Opposition of K & M, filed Mar. 18, 1969; (b) of its request, is inapposite here since that (Secretary’s delegation to Assistant Secre­ comments of the Broadcast Bureau, filed proceeding involved an application by an AM tary for Research and Technology effective Mar. 20, 1969; and (c) reply of Christian, licensee, located in the central community, May 14, 1969 (34 F JR. 7873, May 17, 1969) ) filed Mar. 25, 1969. for an FM facility in a suburban community.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8306 NOTICES is* simultaneously filing a petition for present here4 and that Christian Voice of Florida, supra. More specifically, the rule making to allocate Channel 224A is distinguishable since there the appli­ Board finds that the residence of K & M’s to the community of Catlettsburg; and cant conceded that its proposal was in­ partners and the location of Catlettsburg that, if the channel is assigned to the tended to serve the listed community and within the Huntington-Ashland Urban­ community, it will file an application surrounding área. In summary, the Bu­ ized Area are of little significance in therefor. K & M contends that its action reau asserts that, since Christian has terms of whether K & M will serve its in this regard completely belies the spec­ shown no more than site location and specified community. It appears that the ulative allegations Contained in the engineering details of K & M’s proposal, applicant’s transmitter site was selected petition to enlarge issues. which while ordinarily sufficient to raise primarily to meet the separation require­ 4. The Broadcast Bureau, in its com­a presumption in an AM context do not ments of the Commission’s rules rather ments on this facet of Christian’s peti­ meet the tests set forth in Berwick and than to serve the listed community of tion, also opposes the addition of a Christian Voice, and since this proceed­ Huntington and Ashland. The strength of suburban community issue to this pro­ ing is essentially similar to Almardon the signal to be provided to Huntington ceeding. While it agrees that the con­ Incorporated of Florida, 16 FCC 2d 395, and Ashland is also unpersuasive since siderations underlying the Commission’s 15 RR 2d 500 (1969), where the Board such coverage is contemplated by the Policy Statement are applicable in PM denied a request to add a suburban com­ Commission in the utilization of FM proceedings, citing Berwick Broadcasting munity issue, Christian’s request should channels by unlisted communities. See Corp., supra, and Christian Voice of Cen­ be denied. Report and Order in Docket No. 17969, tral Ohio, 15 PCC 2d 308, 14 RR 2d 791 5. In reply, Christian points out that 12 FCC 2d 660, 12 RR 2d 1612 (1968). In (1968), it contends that the petitioner K & M has not chosen to discuss its contrast to the petitioner’s allegations, has failed to support its request with an reasons for proposing such great cover­ the filing of K & M’s rule making petition adequate showing. According to the Bu­ age with a 50-kilowatt station in order and its pending application for an AM reau, a substantially stronger showing to serve a community of only 3,874 per­ station in Catlettsburg seem to negate is required to support the addition of a sons. The petitioner asserts, in this re­ any claimed intent of K & M to serve the suburban community issue to an PM pro­ gard, that the non-availability of other listed community of Huntington,3 As the ceeding than that which is required in channels did not compel K & M to pro­ Bureau points out, the Berwick precedent an AM proceeding where a presumption pose power far in excess of that required is inapposite here since there is no AM of service to a larger community may to serve Catlettsburg and that the defect ownership in the listed community by arise on the basis of only station location in K & M’s application is its proposal to the FM applicant and since the trans­ and engineering factors such as signal serve some 189,990 persons while limit­ mitter site location was apparently dic­ strength. In an FM proceeding, the Bu­ ing its programing survey to the needs tated primarily by mileage separation reau asserts, it must be specifically dem­ and interests of Catlettsburg. In regard requirements imposed by the Commis­ onstrated that the objectives of section to K & M’s rule making petition, Chris­ sion’s rules. In addition, there were other 307(b) would be frustrated by the award tian notes that the requested FM chan­ factors inherent in the Berwick proceed­ of a preference to an applicant for pro­ nel was available when K & M filed its ing, as indicated in footnote 4, supra, viding a local broadcast outlet to a com­ application and that, therefore, an issue which reflected an intent to serve the munity which the applicant will not is required to determine whether K & M’s listed community and which are not realistically serve. The Bureau also notes failure to make a frequency search prior present here. Similarly, Christian Voice that § 73.203 of the rules provides for to the filing of Christian’s instant peti­ is distinguishable from the instant case the utilization of FM channels outside of tion constitutes an abuse of process, since there the applicant conceded its listed communities and that the Com­ especially since K & M continues to pros­ intention to serve the listed community. mission did not intend to impose strin­ ecute its application here while promis­ Finally, while we note that the deficien­ gent curbs on the use of FM channels ing to file for the new channel upon its cies in K & M’s ascertainment of com­ outside of listed communities. According allocation to Catlettsburg. munity program needs will be made the to the Bureau, the Commission insured 6. The Board agrees with the Broad­ subject of a Suburban inquiry herein and that assignments would be utilized for cast Bureau that Christian’s showing is may be relevant to our consideration of the benefit of the area immediately sur­ insufficient to warrant the addition of a the suburban community request, they rounding the listed community by pro­ suburban community issue against the do not serve as an adequate basis for the viding for specified minimum powers K & M proposal. The factors noted by addition of a suburban community issue coupled with shorter distances between the petitioner in support of its request, since the deficiencies relate to efforts out­ the listed and unlisted communities. The i.e., the location of K & M’s transmitter side of Catlettsburg. Almardon Incorpo­ Bureau contends that no particular sig­ site and its proximity to Huntington; rated of Florida, supra. Since the peti­ nificance should attach to the location Catlettsburg’s location within the Hunt­ tioner’s allegations are not sufficient to of K & M’s transmitter site since the ington-Ashland Urbanized Area; the raise a substantial question of whether selection factors of an FM site differ Ashland residence of K & M’s partners; K & M will provide a realistic local trans­ from those for an AM site due primarily the placement of a city-grade signal over mission service to Catlettsburg, the re­ to propagation characteristics and since Huntington and Ashland; and the power quest for a suburban community issue mileage separation requirements were requested, standing alone, do not raise will be denied. considered by K & M in selecting a site the question of whether K & M will pro­ Suburban issue. 7. In support of its re­ southeast of Catlettsburg.3 In regard to vide a realistic local transmission service quest of a Suburban issue against applicable precedent, it is the Bureau’s to Catlettsburg in the context of this FM K & M, Christian contends that K & M’s proceeding. See Almardon Incorporated decision to specify such wide coverage position that Berwick does not support carries with it the responsibility to as­ petitioner’s request since, in that pro­ 4 The Bureau points to the following fac­certain the needs and interests of the ceeding, there were other considerations tors which were noted by the Board in the entire service area and to make a rea­ which indicated a proposal to serve the Berwick proceeding: The common ownership sonable effort to meet such needs and listed community and which are not of an AM station in the listed community; interests through proposed programing, some duplication of programing; the joint use of staff personnel; and the location of 3 The Bureau notes that K & M’s applica­the transmitter in order to obtain maximum 8 Christian’s related request, contained in tion, as originally filed, was returned because coverage of the listed community. The Bu­ its reply pleading, for an issue which would of a separation shortage with Station WDAO, reau dismisses, as irrelevant, the fact that inquire into whether K & M’s delay in mak­ Dayton, Ohio, which lies northwest of Cat­ K & M also has an application (BP-18042) ing its frequency search is an abuse of the lettsburg. The application was refiled speci­ pending for an AM station in Catlettsburg Commission’s process will not be entertained. fying the present site presumably to avoid with a transmitter site near the community Such a request should be made in an original the separation problem and not primarily since it relates to a pending application and pleading. See Lorenzo W. Milam and Jeremy to increase the applicant’s coverage of the to a station in the community as opposed to D. Lansman, FCC 64R-561, 4 RR 2d 468 listed community. the Berwick situation. (1 9 6 4 ).

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8307 citing Long Island Video, Inc., 12 FCC Broadcasting Co. to ascertain the com­ ary 12, 1969, the Hearing Examiner cer­ 2d 905,13 RR 2d 88 (1968), and MinshaJl munity needs and interests of the area tified to the Review Board the KFAB Broadcasting Company, 11 FCC 2d 796, to be served and the means by which the petition to intervene for such action as 12 RR 2d 502 (1968). It is petitioner’s applicant proposes to meet such needs it deems proper in its ruling on the KFAB position that the K & M application dis­ and interests. petition to enlarge issues. Since all of closes no effort by the applicant to as­ 11. It is further ordered, That the bur­ the petitions relate to the same allega­ certain the needs and interests of those den of proceeding with the introduction tions, they will all be considered in this communities outside of the immediate of evidence and burden of proof under document. Catlettsburg area and that such failure the issue added herein will be on K & M 2. KFAB, licensee of a Class I-B sta­ to survey communities within the appli­ Broadcasting Co.; and tion, contends that the James River pro­ cant’s proposed primary service area 12. It is further ordered, That the re­ posed operation would cause objection­ other than the community of station lo­ quest for enlargement of issues contained able interference to KFAB’s normally cation is cause for denial of the applica­ in the reply pleading, filed March 25, protected contour during critical hours tion. Christian also notes that K & M 1969, by Christian Broadcasting Associa­ and that it is entitled to intervene in cannot claim an identity of interest tion, Inc., is dismissed. the proceeding. In a separate petition but throughout its proposed service area based on the same factual allegations, since significant portions thereof lie out­ Adopted: May 22,1969. KFAB requests enlargement of the issues side of Kentucky and since several large Released: May 26,1969. to inquire whether the James River pro­ communities are included therein. The posal would cause objectionable interfer­ Broadcast Bureau supports Christian’s F ed e r a l C ommunications ence to KFAB and whether the request for a Suburban issue. C o m m i s s i o n / conditional clause specified in the mem­ [ s e a l ] B e n F . W a p l e , 8. The Review Board is of the opinion Secretary. orandum opinion and order designating that a sufficient showing has been made the James River application for hearing to warrant the addition of a Suburban [F.R. Doc. 69-6385; Filed, May 28, 1969; will fully protect KFAB during critical issue against the K & M proposal. The 8 :4 8 a.m .] hours. Based on its engineering studies, petitioner and the Broadcast Bureau cor­ KFAB contends that because of the rectly note that K & M, in ascertaining [Docket No. 17605, etc.; FCC 69R-238] design characteristics of James River’s the needs and interests of the area pro­ proposed directional antenna system, posed to be served by the Catlettsburg VIRGINIA BROADCASTERS ET AL. it will be impossible for James River station, apparently limited its survey to Memorandum Opinion and Order to maintain the pattern with suffi­ Catlettsburg residents. In its application, cient precision to afford KFAB the de­ K & M submits the results of interviews Enlarging Issues gree of protection to which it is entitled with 21 community leaders of Catletts­ In re applications of Kenneth S. Brad- by the rules even with the use of the burg. However, we must note that the by and Gilbert L. Granger doing business most sensitive monitoring equipment and applicant’s proposed coverage area in­ as Virginia Broadcasters, Williamsburg, the most accurate control devices. More­ cludes not only the community of Cat­ Va., Docket No. 17605, File No. BP-16829; over, KFAB notes that James River has lettsburg but also the cities of Hunting- Rosa Mae Springer, trading as Suffolk not proposed such equipment in its ap­ ton, W. Va., and Ashland, Ky., as well Broadcasters, Suffolk, Va., Docket No. plication nor does it appear from the ap­ as the rural areas contiguous to the 17606, File No. BP-17274; James River plication that sufficient funds have been Huntington-Ashland Urbanized Area. In Broadcasting Corp., Norfolk, Va., Docket allocated to purchase such equipment. fact, both cities lie well within the appli­ No. 18375, File No. BP-17268; for con­ KFAB further argues that even if the cant’s proposed 1 mv/m contour and struction permits. very best monitoring equipment presently both apparently are encompassed by 1. This proceeding involves three mu­ available were used, it would not be ca­ K & M’s 3.16 mv/m contour. As a result, tually exclusive applications for con­ pable of detecting repeatedly the varia­ it does not appear that K & M’s survey struction permits to establish new stand­ tions within the narrow limits between included all of the area to be served by ard broadcast stations, operating on 1110 the specified MEOV’s (maximum ex­ the Catlettsburg station even though an kHz during daytime hours only. By Mem­ pected operating values) and the theo­ applicant is expected to ascertain the orandum Opinion and Order, FCC 68- retical design values required to maintain programing needs and interests of its 1098, released November 15, 1968, the the operation of the proposed directional entire proposed service area. See Min- Commission consolidated into this pro­ antenna system. In support of these con­ shall Broadcasting Company, supra; ceeding for hearing on various issues tentions, KFAB notes that the Nems- Long Island Video, Inc., supra; Public the application of James River Broad­ Clarke PPM 101A phase monitor or equiv­ Notice on Broadcast Applicant’s Ascer­ casting Corp. (James River) with the alent equipment is capable of measuring tainment of Community Needs, FCC 68- two previously designated applications. relative phase and relative field varia­ 847,13 RR 2d 1903 (1968). Since we can­ Presently before the Review Board are tions as small as plus or minus 0.1° not assume that an identity of interest a petition to intervene and a petition in relative phase and plus or minus 0.1 exists within the entire proposed service to enlarge issues, filed December 12,1968, percent in relative field. However, KFAB area insofar as needs and interests are by KFAB Broadcasting Co., licensee of argues that there is no guarantee that concerned and since the facts available Station KFAB, Omaha, Nebr., and a peti­ at the time of initial adjustment the to us on the basis of the pleadings and tion to enlarge issues, filed by the Broad­ meter would be at the midpoint of per­ K & M’s application seem to indicate the cast Bureau, January 9,1969, all with ref­ missible drift. Thus, it is possible that absence of a community of interest, a erence to the James River application.1 the degree of variation may be as great Suburban issue is required and will be By Order, FCC 69M-177, released Febru- as plus or minus 0.2° in relative phase and plus or minus 0.2 percent in relative specified herein.® field.2 KFAB notes further that Commis- 9. Accordingly, it is ordered, That the l Review Board Member Nelson absent; petition to enlarge issues, filed March 9, Board Member Berkemeyer dissenting to fail­ 1969, by Christian Broadcasting Associa­ ure to add 307(b) policy statement issue. 2 Petitioner notes that the same permissi­ tion, Inc., is granted to the extent indi­ 1 Also before the Review Board are: (a) ble drift problem exists with respect to the Opposition to petition to intervene, filed Nems-Clarke 112 phase monitor (which is cated below and is denied in all other Jan. 9, 1969, by James River; (b) Broadcast less expensive than the PPM 101A and is respects; and Bureau’s comments on petition to intervene, likely to be used by James River in view of 10. It is further ordered, That the is­ filed Jan. 9, 1969; (c) reply to oppositions to its budget), except that the accuracy of sues in this proceeding are enlarged by petition to intervene, filed Jan. 21, 1969, by this monitor is considerably less, permitting the addition of the following issue: To KFAB; (d) opposition to KFAB’s petition to variations of plus or minus 1.0° in relative determine the efforts made by K & M enlarge issues, filed Jan. 9, 1969, by James phase and plus or minus 2.0 percent in rela­ River; (e) Broadcast Bureau’s opposition to tive field. Thus, if the meter were at one KFAB’s petition to enlarge issues, filed Jan. 9, extremity or the other of the permissible 8 The Board notes that K & M, in its oppo­ 1969; (f) opposition to Bureau’s petition to variation at the time of initial calibration, sition to the petitioner’s requests, did not enlarge, filed Jan. 22, 1969; and (g) Bureau’s variation of as much as 2.0° in relative phase contest the allegations of need for a Sub­ reply to James River’s opposition, filed Feb. 3, and 4.0 percent in relative field would be urban inquiry. 1969. p o ssib le.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 "8308 NOTICES sion rules permit the field ratios of direc­ cerned, James River contends that its 6. From the foregoing, we conclude tional antenna system to exceed the engineer personally selected the site and that there are substantial questions con­ values specified in the license by as much does not believe that there are any con­ cerning James River’s ability to construct as 5 percent.* It contends that given this ditions present which will preclude suc­ and maintain its proposed directional potential for deviation and assuming the cessful adjustment of the directional an­ antenna within the radiation values pro­ Nems-Clarke 112 meter were used, James tenna. posed, and thus provide the necessary River would over an arc of 10° exceed its 4. The Bureau also opposes the peti­ protection tp KFAB. Moreover, there is allowable field intensity in the direction tion to intervene and petition to enlarge a clear question concerning James of KFAB. Additionally, James River on the grounds that KFAB has conceded River’s ability to maintain the radiation would exceed its MEOV’s over an arc that that if sufficient funds are expended for from its proposed station within the includes most of the null areas of its equipment, proof of the array, and con­ MEOV’s which it proposes. These ques­ directional antenna. Furthermore, KFAB tinuing maintenance, harmful interfer­ tions can best be resolved on the basis argues that even proceeding on the as­ ence to KFAB during critical hours may of a hearing record. However, KFAB’s sumption that the Nems-Clarke PPM be avoided. The Bureau contends that in contentions concerning possible adverse 101A meter is used, the MEOV’s still view of the long standing practice of im­ effects due to applicant’s proposed site would be exceeded over the null areas of posing on each construction permit for a are not sufficiently substantiated to war­ the pattern and the permissible radiation directional antenna conditions requiring rant inquiry into this matter. Since the toward KFAB during critical hours of a properly designed phase monitor, a issues here added concern interference operation would be exceeded. KFAB also complete nondirectional proof of per­ to KFAB, its petition to intervene will be argues that the directional antenna de­ formance, a complete directional proof of granted. sign proposed by James River is inher­ performance, the availability of field 7. Accordingly, it is ordered, That the ently unstable and that a number of strength measuring equipment at all petition to intervene, filed December 12, characteristics of the proposed site times and that field strength measure­ 1968, by KFAB Broadcasting Co., is (proximity to bridges and power lines, ments be made at each of several speci­ granted; that the petition to enlarge is­ effect of changing tides, bodies of water, fied monitoring points every 7 days, sues, filed December 12, 1968, by KFAB and variable conductivity of surrounding KFAB will be adequately safeguarded. Broadcasting Co., is granted; that the soil, etc.) will make the installation diffi­ However, the Bureau noted that KFAB’s petition to enlarge issues, filed by the cult to prove and maintain. In view of observations concerning MEOV’s raised Broadcast Bureau January 9, 1969, is these allegations, KFAB contends that it questions which should be explored in granted; and that the issues in this pro­ should be permitted to intervene and the hearing and that it was simultaneously ceeding are enlarged as follows: issues enlarged to permit full exploration filing a petition to enlarge issues. To determine whether James River of potential interference to KFAB and 5. In its petition to enlarge issues, the Broadcasting Corp. would be able to James River’s ability to comply with the Bureau noted that it had carefully ex­ adjust and maintain its proposed direc­ conditions limiting radiation toward amined KFAB’s allegations concerning tional antenna system within the maxi­ KFAB to 477.9 mv/m at 291.5° true. the MEOV’s in a sector of the pattern mum expected operating values of radia­ 3. In opposition to the petition, Jamesfrom 220° to 265° and was in agreement tion which it specifies. River contends that its directional an­ that even with the best available moni­ To determine whether during critical tenna design is very similar to a direc­ toring equipment it would be impossible hours radiation from the James River tional antenna design developed by to maintain the radiation within the Broadcasting proposal toward the 0.1 KFAB’s engineer for another applicant specified MEOV’s. Accordingly, it re­ mv/m contour of Station KFAB would and that KFAB’s engineer has testified quests an issue to determine whether exceed that permitted by the provisions that, by using a precision phase monitor, James River Broadcasting Corp. would of § 73.187 of the Commission’s rules. he can maintain that array within ±0.5° be able to adjust and maintain the pro­ To determine whether the condition and 0.5 percent tolerance. James River posed directional antenna system within proposed in the Commission’s memoran­ argues that, since the ratio of maximum the specified MEOV’s. James River op­ dum opinion and order of November 15, to minimum for its proposed directional poses on the ground that “the method of 1968, that the inverse distance field at 1 antenna is less than that in the array analysis utilized by the Bureau is specious mile from the James River Broadcasting designed by KFAB’s engineer, its pro­ and fundamentally fallacious * * * that proposal toward the service area of Sta­ posed array must be regarded as more the Commission’s rules contain no pro­ tion KFAB at a bearing of 291.5° true stable. James River concedes that, in the visions requiring a directional antenna shall not exceed 477.9 millivolts per worst possible combination of circum­ system to be subjected to any such meter, will fully protect KFAB during stances, it is possible that during critical critical hours, and, if not, what value hours its radiation toward KFAB will analysis and any such requirement con­ exceed the maximum prescribed in the stitutes an attempt, in effect, to write new and other conditions would be required designation order. It argues, however, rules not warranted by either empirical in order to protect KFAB during critical that this should not be decisive since the or theoretical considerations.” In sup­ hours. odds against this combination of cir­ port of this contention, James River ob­ and; cumstances occuring are 730 to 1 and serves that it is only recently that com­ that the area in which the interference 8. It is further ordered, That the bur­ would occur is already subjected to in­ puter technology has made such an dens of proceeding with the introduction terference of a greater magnitude from analysis possible and that to use this pro­ of evidence and of proof under the issues two existing stations. Moreover, James cedure with respect to its application added herein are on James River Broad­ River argues, it will make every effort to imposes an undue burden upon it as op­ casting Corp. avoid interference to KFAB by retaining posed to thousands of applications which Adopted; May 22, 1969. highly skilled technical personnel and have been granted without such analysis. obtaining the best monitoring and con­ Released: May 23, 1969. trol equipment capable of maintaining Moreover, it argues that even should the phase and current ratios within a toler­ analysis be accepted, the odds that the F ede r a l C ommunications ance of ±1° and ±1 percent.4 Insofar as combination of circumstances which C o m m i s s i o n ,5 the characteristics of its site are con- would result in exceeding the MEOV’s [ s e a l ] B e n F . W a p l e , are only 1 to 730 and even should this Secretary. 3 Section 73.57(b) of the Commission's rulesoccur, no interference would result to [FH. Doc. 69-6386; Filed, May 28, 1969; (47 CFR 73.57(b)). 8 :4 8 a m .] * James River suggests such a condition on WBT, the station most likely to be its g ra n t. affected. B Review Board Member Nelson absent.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8309

P roposed Agreem ent Betw een t h e U nited Commission shall retain authority and re­ ATOMIC ENERGY COMMISSION States Atom ic E nergy Co m m is sio n and sponsibility with respect to regulation of: t h e State op North Dakota for D isco n ­ A. The construction and operation of any STATE OF NORTH DAKOTA tin ua n ce o p Certain Co m m issio n R egula­ production or utilization facility; tory Au th o rity and R esponsibility W it h ­ B. The export from or import into the Proposed Agreement for Assumption in t h e S tate P ursuant to Section 274 op United States of byproduct, source, or of Certain AEC Regulatory Au­ t h e Atom ic E nergy Act op 1954, as special nuclear material, or of any produc­ thority Amended tion or utilization facility; Whereas, the U.S. Atomic Energy Commis­ C. The disposal into the ocean or sea of Notice is hereby given that the U.S. sion (hereinafter referred to as the Commis­ byproduct, source, or special nuclear waste Atomic Energy Commission is publishing sion) is authorized under section 274 of the materials as defined in regulations or orders for public comment, prior to action Atomic Energy Act of 1954, As amended (here­ of the Commission; thereon, a proposed agreement received inafter referred to as the act) to enter into D. The disposal of such other byproduct, from the Governor of the State of North agreements with the Governor of any State source, or special nuclear matèrial as the Dakota for the assumption of certain providing for discontinuance of the regula­ Commission from time to time determines by tory authority of the Commission within the regulation or order should, because of the of the Commission’s regulatory authority hazards or potential hazards thereof, not be pursuant to section 274 of the Atomic State under chapters 6, 7, and 8, and section 161 of the act with respect to byproduct so disposed of without a license from the Energy Act of 1954, as amended. materials, source materials, and special Commission. A resume, prepared by the State of nuclear materials in quantities not sufficient A r t . III. Notwithstanding this Agreement, North Dakota and summarizing the to form a critical mass; and the Commission may from time to time by State’s proposed program for control over Whereas, the Governor of the State of rule, regulation, or order, require that the sources of radiation, is set forth below North Dakota is authorized under section manufacturer, processor, or producer of any as an appendix to this notice. The ap­ 23-20.1-05 of chapter 23—20.1 of the North equipment, device, commodity, or other prod­ Dakota Century Code to enter into this uct containing source, byproduct, or special pendix referenced in the resume is in­ Agreement with the Commission; and nuclear material shall not transfer possession cluded in the complete text of the pro­ Whereas, the Governor of the State of or control of such product except pursuant to gram. A copy of the program, including North Dakota certified on April 15, 1969, that a license or an exemption from licensing is­ proposed North Dakota regulations, is the State of North Dakota (hereinafter re­ sued by the Commission. available for public inspection in the ferred to as the State) has a program for the A r t . IV. This Agreement shall not affect Commission’s Public Document Room, control of radiation hazards adequate to pro­ the authority of the Commission under sub­ 1717 H Street NW., Washington, D.C., or tect the public health and safety with respect section 161 b. or i. of the Act to issue rules, may be obtained by writing to the Di­ to the materials within the State covered regulations, or orders to protect the common rector, Division of State and Licensee by this Agreement, and that the State desires defense and security, to protect restricted Relations, U.S. Atomic Energy Commis­ to assume regulatory responsibility for such data or to guard against the loss or diversion sion, Washington, D.C. 20545. All inter­ materials; and of special nuclear material. Whereas, the Commission found o n ______A r t . V. The Commission will use its best ested persons desiring to submit com­ ______, that the program of the State for efforts to cooperate with the State and other ments and suggestions for the consider­ the regulation of the materials covered by agreement States in the formulation of ation of the Commission in connection this Agreement is compatible with the Com­ standards and regulatory programs of the with the proposed agreement should send mission’s program for the regulation of such State and the Commission for protection them, in triplicate, to the Secretary, U.S. materials and is adequate to protect the against hazards of radiation and to assure Atomic Energy Commission, Washington, public health and safety; and that State and Commission programs for D.C. 20545, Attention: Chief, Public Pro­ Whereas, the State and the Commission protection against hazards of radiation will ceedings Branch, within 30 days after recognize the desirability and importance be coordinated and compatible. The State of cooperation between the Commission and will use its best efforts to cooperate with the initial publication of this notice in the the State in the formulation of standards for Commission and other agreement States in F ed e r a l R e g is t e r . protection against hazards of radiation and the formulation of standards and regulatory Exemptions from the Commission’s in assuring that State and Commission pro­ programs of the State and the Commission regulatory authority which would imple­ grams for protection against hazards of for protection against hazards of radiation ment this proposed agreement, as well radiation will be coordinated and compati­ and to assure that the State’s program will as other agreements which may be en­ ble; a n d continue to be compatible with the program tered into under section 274 of the Whereas, the Commission and the State of the Commission for the regulation of like recognize the desirability of reciprocal recog­ materials. The State and the Commission Atomic Energy Act, as amended, were nition of licenses and exemptions from will use their best efforts to keep each other published as part 150 of the Commis­ licensing of those materials subject to this informed of proposed changes in their re­ sion’s regulations in F ed e r a l R e g is t e r is­ Agreement; and spective rules and regulations and licensing, suances of February 14, 1962, 27 F.R. Whereas, this Agreement is entered into inspection and enforcement policies and 1351; April 3, 1965, 30 F.R. 4352; Sep­ pursuant to the provisions of the Atomic criteria, and to obtain the comments and tember 22,1965, 30 F.R. 12069; March 19, Energy Act of 1954, as amended; the assistance of the other party thereon. Now, therefore, it is hereby agreed between 1966, 31 F.R. 4668; March 30, 1966, 31 A r t . VI. The Commission and the State F.R. 5120; December 2, 1966, 31 F.R. the Commission and the Governor of the agree that it is desirable to provide for re­ State, acting in behalf of the State, as ciprocal, recognition of licenses for the ma­ 15145; July 15, 1967, 32 F.R. 10432; June fo llo w s : terials listed in article I licensed by the other 27,1968, 33 F.R. 9388; and April 16, 1969, A r t i c l e I. Subject to the exceptions pro­ party or by any agreement State. Accordingly, 34 F.R. 6517. In reviewing this proposed vided in articles II, III, and IV, the Commis­ the Commission and the State agree to use agreement, interested persons should also sion shall discontinue, as of the effective their best efforts to develop appropriate rules, date of this Agreement, the regulatory au­ regulations, and procedures by which such consider the afore-mentioned exemp­ thority of the Commission in the State under reciprocity will be accorded. tions. chapters 6, 7, and 8, and section 161 of the A r t . VII. The Commission, upon its own Dated at Washington, D.C., this 9th act with respect to the following materials: initiative after reasonable notice and op­ day of May 1969. A. Byproduct materials; portunity for hearing to the State, or upon B. Source materials; and request of the Governor of the State, may For the Atomic Energy Commission. C. Special nuclear materials in quantities terminate or suspend this Agreement and not sufficient to form a critical mass. reassert the licensing and regulatory author­ • W . B . M cC o o l , Art. II. This Agreement does not provide ity vested in it under the act if the Commis­ Secretary. for discontinuance of any authority and the sion finds that such termination or suspen-

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 N o. 103 -6 8310 NOTICES slon is required to protect the public health program. This law designated the North filtration of the useful X-ray beam. Both of and safety. Dakota State Department of Health as the these deficiencies result in unnecessary radia­ Art. VIII. This Agreement shall become State radiation control agency responsible tion exposure of the general population of. effective on September 1, 1969, and shall re­ for the administration of the licensing and the State. Where the filtration was found to main in effect unless and until such time regulatory radiation program and it also be inadequate, aluminum filters were fur­ as it is terminated pursuant to article VII. authorized the Governor of the State of nished and installed as a result of the D o n e a t ______- — - , in trip' North Dakota to enter into an agreement evaluation. lic a te , t h i s ______d a y o f!------¡------with the U.S. Atomic Energy Commission. Currently, followup evaluations are being 1966 The name of the Division of Institu­ conducted to determine the degree of com­ For the United States Atomic tional Sanitation was changed to the Divi­ pliance with the comments and recommenda­ Energy Commission. sion of Environmental Engineering. tions of the initial evaluation. The followup 1968 On March 1, 1968, the Radiological evaluations, performed thus far, indicate that For the State of North Dakota. Health Regulations of the North Dakota appropriate steps have been taken by the State Department of Health (regulation 83) facilities to correct their deficiencies and, became effective. hence, reduce unnecessary radiation exposure. F o r e w o r d It is estimated that 80 to 90 percent of the This narrative presents a description of the 2.0 CURRENT ACTIVITIES diagnostic X-ray facilities in North Dakota history, practices, capabilities and proposed 2J Registration of sources of radiation. are now in compliance with regulation 83 and activities of the State of North Dakota in The registration of sources of ionizing.radi­ the recommendations of the National Com­ controlling ionizing radiation. ation has been conducted since 1957 in ac­ m ittee on Radiation Protection and Measure­ Section 274 of the 1954 Atomic Energy Act, cordance with sections 23-20-02 through ments as published in the “National Bureau as amended, authorizes the U.S. Atomic En­ 23-20-06 of chapter 23-20 of the North of Standards Handbook No. 76.” ergy Commission to enter into an agreement Dakota Century Code. From 1957 to the An important aspect of the evaluation of with the governor of a state to transfer to adoption of regulation 83 of the State De­ X-ray facilities is that of radiation protec­ the state licensing and regulatory authority partment of Health, the registration process tion education. This aspect deals with the over byproduct, source, and certain quanti­ provided a location-inventory of X-ray people operating the X-ray machines. A vast ties of special nuclear materials. To this end, units,' radium users, and Atomic Energy majority of the facilities in North Dakota the following narrative has been prepared: Commission licensed radioactive materials. do not have registered technologists to per­ form their X-ray services. The people operat­ 1.0 PROGRESS CHRONOLOGY With the adoption of regulation 83 of the North Dakota State Department of Health, ing the X-ray units, while they may be 1957 The Legislative Assembly of the the registration process was administratively knowledgeable as to the proper radiographic State of North Dakota enacted a law pro­ changed to the extent that radioactive mate­ technique necessary to obtaining a good viding for the registration of all sources of rials and certain minor radiation emit­ radiograph, do not have a full appreciation of ionizing radiation. This law is contained ting devices were exempt from registra­ radiation protection. In the survey work within sections 23-20-02 through 23-20-06 of tion. The registration now consists of the across the State, there have been numerous chapter 23-20 of the North Dakota Century location-inventory of sources of electrically instances where the operator, because of the C ode. produced radiation such as X-ray machines. lack of knowledge, has not made full use of 1957 through 1959 Radiation protection Radioactive materials are under the licensing the radiation protection devices and equip­ activities were limited in scope due to a lack provisions of regulation 83. m ent available within the facility. Informing the operator of the practical methods that of funds specifically set aside for this pro­ The following table enumerates the X-ray gram. Some of the major accomplishments of can be applied to reduce the radiation ex­ units registered with the State Department posure to their patients as well as to them­ this period consisted of the registration of o f H ea lth : sources of ionizing radiation used within the selves and the consequences of not applying State of North Dakota; review of plans and R egistration Summary 1 these methods adds to the evaluation time; specifications for radiation protection in however, it is felt that it is time well spent. Lectures to professional groups on X-ray and hospitals proposed for construction or re­ X-ray X-ray X-ray modeling; and removing shoefitting fiuoro- machines tubes radiation protection in X-ray facilities have scopes from public accessibility. been performed. More program emphasis will 1960 A physical survey of all registered be placed on the educational aspects of radia­ Human uses: - tion protection in X-ray facilities in the fu­ dental X-ray units in the State was con­ Physicians (M.D.)_____ ...... 126 166 ducted by the Division of Dental Health of Dentists...... 205 205 ture, with the offering of short courses to the State Department of Health. Other practitioners...... 50 51 X-ray operators across the State...... 192 254 1961 The State Department of Health Hospitals...... 2.3 Environmental radiation surveillance. Veterinary...... —...... 5 5 Since September of 1961, the Department has began operating a radiation surveillance air­ Others...... 7 7 sampling station on an around-the-clock actively and continuously participated in b a sis. Total...... ____ 585 688 the U.S. Public Health Service Radiation Surveillance Network with the operation of 1962 With the support of categorical an air and precipitation sampling station at funds from the U.S. Public Health Service, i Exclusive of Federal agencies. Bismarck,. N. Dak. In addition to the direct the North Dakota State Department of 2.2 Radiation protection in X-ray facili­operation of this Bismarck station, the De­ Health assigned the responsibility of a pro­ ties. Each weék approximately eight thou­ partment has also acted in a liaison capacity gram of Radiological Health to the Division sand people in the State of North Dakota are between the US. Public Health Service Pas­ of Institutional Sanitation of the Environ­ exposed to diagnostic X-ray. Comprehensive teurized Milk Radiation Surveillance Net­ mental Health and Engineering Services evaluations of X-ray facilities have been per­ work and a milk sampling station operated Section of the Department. formed by the program staff. The comprehen­ by the First District Health Unit in Minot, 1963 A statewide pasteurized milk sam­ sive evaluation includes radiation measure­ N . D ak. pling network was initiated to assess the ments to determine the radiation exposure In January of 1964, a six-station milk radionuclide concentration of North Dakota of the operator, patient, and people outside sampling network was established in the m ilk . of the X-ray area; the acceptability of X-ray State of North Dakota due to rising radio­ 1964 The Radiological Health Program equipment, based upon current standards; nuclide levels in milk and, in particular, the initiated the routine physical inspection evaluation of other portions of the X-ray levels of Strontium-90. The six stations, of all nondental X-ray units across the facility necessary to its operation; and a dis­ chosen on the basis of geographical and State. Prior to becoming a routine function, cussion with the operating and administra­ population significance, submitted weekly a few X-ray facilities had been surveyed at tive staff on problems which need attention samples to the State Department of Health the request of the X-ray owner. The initial and those which could measurably reduce for radiochemical analysis. In May and June 1957 registration of sources of ionizing radi­ unnecessary radiation exposure. In addition of 1964, Strontium-90 concentrations of 77 ation was updated in early 1964 so that a to the discussions with the operating and and 76 picocuries per liter, respectively, were systematic X-ray Inspection system was administrative staff in each facility, a formal observed. Since 1964 there has been a steady readily adopted. report, outlining the results of the evaluation decline in Strontium-90 with average 1965 The North Dakota State Depart­ and recommendations of the Department of monthly concentrations in 1964, 1965, and m ent of Health was awarded a research con­ Health is sent to the administration of the 1966 of 56.7, 25.4 and 12.9 picocuries per liter tract by the U.S. Public Health Service (con­ fa c ility . of milk, respectively. In January of 1968, the tract No. PH 86-66-6) to determine the ef­ All of the facilities employing diagnostic six stations were placed on a biweekly sam­ fectiveness of farming modifications in the X-ray in the State of North Dakota have re­ pling schedule with a minimum of three sta­ reduction of radionuclides in milk. The Legis­ ceived an initial evaluation. Forty-eight per­ tions sampling every week. lative Assembly of the State of North cent of the diagnostic X-ray machines in the In addition to the radiochemical analysis Dakota enacted a law (sections 23-20.1-01 State of North Dakota were found to be de­ of milk, the program has the capability for through 23-20.1-11 of chapter 23-20.1 of the ficient upon initial evaluation. The majority radiochemical analysis of air, precipitation, North Dakota Century Code) which provides of the deficiencies were with respect to in­ water and, in general, all portions of the for a licensing and regulatory radiation adequate collimation and/or inadequate environmental food chain.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8311

As a result of the levels of Strontium-90 where radium is used. Furthermore, there the beneficial applications of these radio­ encountered in North Dakota milk in 1964, has been a lack of communication on the active materials without the disadvantages the U.S. Public Health Service awarded a re­ part of radium users with the Department of unnecessary radiation exposure to the search contract to the North Dakota State in the event of source loss or incident. The users or to the general public. Department of Health (contract No. PH 86- control of radium and other radionuclides The following table numerically describes 66-6) for a study to determine the effective­ which have not been regulated in the past the utilization of radioactive materials in ness of farming modifications in the reduc­ will provide an effective means of permitting the State of North Dakota: tion of the radionuclides in milk. In the summer of 1967, the Department of Atomic Energy Commission licenses Health conducted a study to determine the Facilities All radon concentrations within the uranium Category of usage Special possessing radioactive Byproduct Source nuclear radium ' materials mines of southwestern North Dakota. The material uranium operations in North Dakota con­ sist of the open-pit mining of uraniferous lignite coal and reducing the moisture con­ Medical...... 16 0 0 7 23 Educational...... 5 1 2 2 10 tent and bulk volume of the ore by either Civil defense______...... 3 0 0 0 3 ashing the material at the mine site or in Industrial...... 3 0 0 1 4 rotary kilns. The ash is then transported out­ State agencies...... 2 0 0 2 4 ...... 0 2 0 0 2 side of this State for further processing. The Uraniferous lignite ashing...... mine’s radon concentration was determined T otal...... i ...... - _____ 29 3 2 12 46 by the collection of radon daughter prod­ ucts on a membrane filter and alpha count­ 3.0 PROCEDURES AND POLICIES FOR THE 1. Industrial radiographers—once each 6 ing. Since the mines are fully open to the CONTROL OF RADIATION m o n th s. atmosphere, there is little opportunity for 2. Operations involving waste disposal—■ 31 Licensing and registration. The S ta te accumulation of radon and its daughter once each 6 months. products. The results of the Department’s program provides for the control of radio­ 3. Broad licenses—industrial, medical, aca­ active materials, those occurring naturally or radon study indicated that the radon con­ demic—once each 12 months. artificially produced, and electrically pro­ centrations were well within nonoccupational 4. Other specific licenses—industrial, med­ duced radiation. Electrically produced radia­ maximum permissible concentrations. ical, academic—once each 24 months. tion, such as that from X-ray units, is under Evaluations of the radioactive materials 5. Others—based on hazards associated the category of registration. Licensing pro­ found in the various aspects of the environ­ with the program. cedures are provided for radioactive materials. ment are performed according to the ap­ Most inspections will be scheduled visits, propriate accepted standards, limitations, Licenses for radioactive materials shall be but a significant number may be on an un­ and guidelines as set forth in the North of two types, general and specific. A general announced basis. Dakota Radiological Health Regulations; the license is effective by regulation 83 of the At the completion of each inspection, the U£. Public Health Service Drinking Water Department and without the filing of an ap­ inspector will confer with the licensee and Standards; the Radiation Protection Guides plication or the issuance of licensing docu­ management to discuss the results of his and the Protective Action Guides of the m ents to particular persons. A specific license, inspection, presenting oral recommendations Federal Radiation Council; and the appro­ incorporating appropriate conditions, shall or suggestions, if indicated. This also pro­ priate recommendations of the National be issued to named persons, upon applica­ vides an opportunity for answering any ques­ Council on Radiation Protection and tion and in accordance with the appropriate tions which a licensee or management may Measurements. provisions of regulation 83. Requirements for have regarding the regulatory program. 2.4 Radioactive materials. Since 1961, pres­the possession of byproduct, source and spe­ The inspector will submit, in writing, a ent Radiological Health Program staff have cial nuclear materials will be compatible comprehensive report to the Director of the with those of the U.S. Atomic Energy accompanied Atomic Energy Commission Division of Environmental Engineering relat­ Commission. , compliance personnel on approximately 100 ing the findings of his inspection. The report The licensing program will be essentially percent of the inspections performed in the will enumerate items of noncompliance, if the same as that presently employed by the State of North Dakota. The compliance in­ any, and present recommendations. Recom­ U.S. Atomic Energy Commission. Prelicensing spections included evaluation of diagnostic mendations made by inspectors in the field inspections will be performed when deter­ and therapeutic medical applications, indus­ are subject to critical review of the Di­ mined to be necessary. With respect to li­ trial radiography applications, educational rector of the Division of Environmental and research applications, of byproduct mate­ cense applications for the non-routine Engineering. medical use of radioactive materials, the re­ rials; the uranium operations of southwest­ Licensees and management will be in­ view of the Medical Advisory Committee of ern North Dakota; and the small quantities formed of the results of all inspections, orally the U.S. Atomic Energy Commission will be of special nuclear materials employed at the at the time of the inspection and by letter s o u g h t. universities in the State. Exclusive of Federal or notice from the Department. The Director of the Division of Environ­ agencies, on January 1, 1969, 34 Atomic 3.3 Compliance. If it is determined by the mental Engineering will evaluate all license Energy Commission licenses were in effect inspection that only minor items of non- applications. Other division staff members in North Dakota. In addition to the Atomic compliance are involved such as failure to Energy Commission licenses, there are 12 will assist in this function as they acquire label, improper signs, etc. and the licensee competence through training and experience. facilities possessing radium. Regulation 83, agrees, in writing, to correct these items at 3.2 Inspection. Staff personnel will con­ as adopted by the North Dakota State De­ the time of inspection, no further action will duct inspections of licensees and registrants partment of Health, provides for the licens­ be taken by the Department, except that to determine compliance with Regulation 83 ing of all radioactive materials including these items will be reviewed during the next of the Department and to evaluate the ade­ naturally occurring or accelerator produced inspection. quacy of the radiation protection program of as well as byproduct, source, and certain If items of noncompliance of a more serious the licensee or registrant. The inspection in­ quantities of special nuclear material. The nature are found, the licensee will be required cludes review of the radiation safety provisions of regulation 83 which refer to to correct such items within a specified practices, equipment, radiation surveys and radioactive materials licensed by the U.S. period of time. The licensee will be required personnel exposures pertinent to the facil­ to inform the Department in writing within Atomic Energy Commission become effective ities. Inspections of facilities utilizing radio­ upon an agreement with the AEC for trans­ 30 days or less, depending upon the degree of active materials will be compatible with those fer of this authority to the State of North hazard involved, of the corrective action currently performed by the Division of D akota. taken and the date the corrective action was Compliance of the U.S. Atomic Energy completed. The Department will conduct a Radium-226, the most commonly used Commission. nuclide of radium in North Dakota, has not follow-up inspection or the matter will be The inspections will be performed by staff reviewed during the next regular inspection been under any regulatory control. The lack qualified in radiological health. The inspec­ of control is apparent. Preliminary surveys to assure that the corrective action has been tion staff will be kept current on develop­ of radium users in North Dakota have indi­ accomplished. ments in the field of radiological health by cated that there are problems. Many of the Whenever, in the judgment of the Depart­ continued training and appropriate courses facilities evaluated do not maintain accurate ment, any person has engaged in or is about conducted by the U.S. Atomic Energy Com­ facility inventories; do not provide adequate to engage in any acts or practices in violation mission and the U.S. Public Health Service shielded storage; the storage containers are of sections 23-20.1-01 through 23-20.1-11 of (Bureau of Radiological H ealth). not properly marked indicating the presence chapter 23-20.1 of the North Dakota Century of a radioactive material; leak tests of sealed The following frequency for the inspection Code or regulations issued under this law, of licensees in the State of North Dakota is the Department, in accordance with the laws sources are not performed at regular inter­ planned, bût may be either increased or of the State governing injunctions and other vals, if at all; and there is a lack of adequate decreased depending upon individual cir­ process may maintain an action in the name facility instrumentation for making radia­ cumstances and the experience of the of this State enjoining such acts or practices tion measurements in and around the areas Department: or to direct compliance.

FEDERAL REGISTER, VOL. 34, NO. 103^THURSDAY, MAY 29, 1969 8312 NOTICES

Should the Department determine that an rials, lost through some accident or incident, people knowledgeable in all aspects of divi­ emergency exists requiring immediate action can be restored as quickly as possible and' sion responsibility and to provide manpower to protect the public health and safety, the with minimum danger to human health or backup in the event of staff vacancies, the Department may, without notice or hearing, damage to property. concept of information exchange and man­ issue an order reciting the existence of such The radiological emergency guide provides power pool was developed. Information emergency and requiring that such immedi­ general guidance to individuals who may not exchange is accomplished through the inter­ ate action be taken as is necessary to'm eet be specifically trained in the handling of unit communication of technical informa­ this emergency. peacetime radiological emergencies. It also tion related to specific units through Opportunity for a hearing is afforded any provides a more detailed approach to the seminars and by training in the field. This person to whom an emergency order has been handling of radiological incidents occuring concept provides manpower depth to an directed, upon the filing of an application within licensed facilities, even though the otherwise small division with many respon­ with the Department. The person will be licensed facility should have emergency sibilities. afforded a hearing before the State Health procedures specific to its own operations. The Director of the Division of Environ­ Council within 10 days. On the basis of such Direct assistance and/or consultation, as may mental Engineering will review all applica­ hearing, the emergency order shall be con­ be needed to provide immediate relief of a tions for licenses, amendments and renewals. tinued, modified, or revoked within 30 days radiological incident, is available to the li­ It will also be his responsibility to issue, after such hearing. censee from the North Dakota State Depart­ modify, or deny the application. The modification, revocation, or termina­ ment of Health. The radioactive materials unit will main­ tion of a radioactive materials license is pro­ Notification of the State Department of tain the necessary records by which the vided for in section 3.614 of regulation 83. An Health of a radiological incident by a li­ Atomic Energy Commission can periodically opportunity for a hearing is afforded any censee and/or registrant is provided for in evaluate and. determine the degree of com­ licensee with respect to amendment or sus­ section 4.530 of regulation 83. Notification patibility of the North Dakota. program to pension of his license. Petition filing and of the State Department of Health of radio­ that of the Atomic Energy Commission and hearing procedures are provided for in chap­ logical incidents occurring beyond a licensees other agreement States. ter 28-32 of the North Dakota Century Code. premises is provided for in thb Radiological Inspections will be performed by the Di­ Only in instances of willful negligence on Emergency Guide. rector of the Division and/or the other two the part of the licensee, continued noncom­ 3.6 Instrum entation. The Department has members of the present division staff who are pliance after notice or when a serious poten­ a variety of portable radiation survey instru­ qualified by training and experience in ra­ tial hazard exists, will full legal measures be ments which can detect and measure radia­ diation protection. A synopsis of the train­ employed. Section 23-20.1-10 of chapter 23— tion exposures over a wide range of exposure ing and experience of the division staff with 20.1 of the North Dakota Century Code pro­ levels. The portable instrum entation is avail­ primary responsibility in the field of radia­ vides for penalties for persons who violate able for support of inspections and for tion protection is attached in the Appendix any portions of the law or rules, regulations evaluation of radiological emergencies. as item 5.3. or orders in effect pursuant thereto of the Laboratory instrumentation includes [F.R. Doc. 69-5782; Filed,’ May 14, 1969; Department. equipment which provides identification and 3.4 Administrative procedures and judicial precise measurement of the quantity of ra­ 8 :4 7 a.m .] review. The issuance or modification of rules dioactive materials. Raw data output from and regulations including emergency orders the multichannel analyzer and low back­ relating to the control of sources of ionizing ground alpha-beta counting systems is proc­ radiation; granting, suspending, revoking or essed by means of electronic data processing amending any license; or determining com­ systems. Laboratory equipment provides the FEDERAL POWER COMMISSION pliance with rules and regulations of the function of radioanalysis of environmental [Docket No. G-6931 etc.] Department will be conducted in accordance samples for data with which to evaluate with provisions of chapter 28-32 of the title radionuclides released to the environment. STAR GAS CO. ET AL. “Administrative Agencies Practice Act” of the 3.7 Effective date of license transfer and North Dakota Century Code. Among other reciprocity. Subsection 2 of section 23-20.1-05 Findings and Order things, this law states: of chapter 23-20.1 of the North Dakota M a y 1. That there m ust be a legality review by Century Code provides for the effective date 20, 1969. the Attorney General’s office of any rule or of license transfer. Any person who, on the Findings and order after statutory regulation before it is adopted by a State effective date of the agreement with the hearing issuing certificates of public con­ a g en cy . Atomic Energy Commission, possesses a li­ venience and necessity, amending orders 2. That rules and regulations, to have cense issued by the Federal Government issuing certificates, permitting and ap­ force and effect of law until amended or re­ shall be deemed to possess the same pursuant pealed by the agency or declared invalid by to a license issued under this chapter, which proving abandonment of service, ter­ courts, must be filed in the Attorney Gen­ shall expire either 90 days after receipt from minating certificates, making successors eral’s office. Also a copy of each rule and the Department of a notice of expiration of co-respondents, redesignating proceed­ regulation accompanied by the Attorney such license or on the date of expiration ings, requiring filing of agreements and General’s Opinion must be filed with the specified in the Federal license, whichever is undertakings, accepting agreement and Clerk of District Court of each county and earlier. - undertaking for filing, and accepting re­ the Secretary of the State Bar Association. Provisions for license reciprocity are lated rate schedules and supplements for 3. That upon receipt of a petition from any covered under section 3.700 of regulation 83 filing. person substantially interested in the ef­ of the Department. This section provides for Each of the Applicants listed herein fect of a rule or regulation, the agency may the recognition of licenses issued by the U.S. grant the petitioner a public hearing upon Atomic Energy Commission or agreement has filed an application pursuant to sec­ such terms and conditions as the agency may States other than the State of North Dakota. tion 7 of the Natural Gas Act for a cer- p rescribe. 4.0 ORGANIZATION AND PROGRAM STRUCTURE ficate of public convenience and necessity 4. The rules of procedure for hearings. authorizing the sale and delivery of nat­ 5. That determinations of the agency may The portion of the State Department of ural gas in interstate commerce or for be appealed to the district courts. Health responsible for radiation protection is permission and approval to abandon the Radiological Health Program of the Di­ 6. The scope of and procedure on appeal vision of Environmental Engineering. Item service or a petition to amend an order from determination of the administrative 5.1 of the Appendix outlines the line of orga­ issuing a certificate, all as more fully set ag en cy . nizational structuring as it pertains to forth in the applications and petitions, as 7. That a review of and final judgment of Radiological Health. Item 5.2 of the Appendix supplemented and amended. district courts may be appealed to and re­ Js the internal structuring of the Division of Applicants have filed related FPC gas viewed by the State Supreme Court. Environmental Engineering. Each of the five 3.5 Radiological emergencies. The Depart­ division units has a person with a specific rate schedules or supplements thereto ment currently has the appropriate equip­ responsibility and each contributes to the and propose to initiate, abandon, add to, ment, instrumentation and knowledgeable information exchange and manpower pool or discontinue in part natural gas serv­ staff to evaluate radiological incidents coordinated by the Director of the Division of ice in interstate commerce as indicated involving a release or loss of radioactive Environmental Engineering. The three units in the tabulation herein. All sales cer­ materials. A formal radiological emergency directly pertaining to radiation protection, tificated herein are at rates either equal guide has been developed to cope with radio­ namely, the radioactive materials unit, the to or below the ceiling prices established logical incidents which occur within the radiation surveillance unit, and the X-ray State of North Dakota. This guide sets forth and electronic products unit are all staffed by the Commission’s statement of gen­ the basic elements of immediate action, the by people qualified by virtue of training and eral policy No. 61-1, as amended, or in­ responsibilities of State and local agencies, experience in radiation protection. volve sales for which permanent certif­ and establishes the lines of communication To assure that all units of the Division of icates have been previously issued; in order that the control of radioactive mate­ Environmental Engineering are covered by except that sales from areas for which

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8313

area rates have been determined are Applicants will be made co-respondents 0-3913 CI62—230 CI67-69 authorized to be made at or below the in said proceedings; the proceedings will G-6931 CI62—585 C I67-90 G—9358 CI62-1251 C I67-717 applicable area base rates, adjusted for be redesignated accordingly; and Appli­ G-9396 CI63-489 ■ CI67-1039 quality of the gas, and under the con­ cants will be required to file agreements G-12578 CI64-557 C I67-1224 ditions prescribed in the orders deter­ and undertakings to assure the refunds G-12600 CI65—1145 C I67-1795 mining said rates. of any amounts collected by them in ex­ G—15912 CI66—377 C I68-63 Palm Resource Corp. (Operator) et al., cess of the amounts determined to be G—19958 0166-470 CI68—702 Applicant in Docket No. CI62-585, pro­ just and reasonable in said proceedings. C I61-516 CI66—942 CI69—49 poses to continue sales of natural gas The Commission’s staff has reviewed C I61-704 CI66—1077 ' heretofore authorized in said docket to each application and recommends each (6) The sales of natural gas proposed be made pursuant to Palm Petroleum action ordered as consistent with all sub­ to be abandoned as*hereinbefore de­ Corp. (Operator), et al., FPC Gas Rate stantive Commission policies and re­ scribed and as more fully described in Schedule Nos. 2 and 5. Said rate sched­ quired by the public convenience and the applications and in the tabulation ules will be redesignated as those of Ap­ necessity. herein are subject to the requirements plicant. The presently effective rate After due notice by publication in the of subsection (b) of section 7 of the under the predecessor’s PPC Gas Rate F e d e r a l R e g is t e r , no petitions to inter­ Natural Gas Act. Schedule No. 2 is in effect subject to re­ vene, notices of intervention or protests (7) The abandonments proposed by fund in Docket No. RI66-364, and the to the granting of the applications have Applicants herein are permitted by the presently effective rate under the prede­ been filed. public convenience and necessity and cessor’s FPC Gas Rate Schedule No. 5 At a hearing held on May 15,1969, the should be approved as hereinafter is in effect subject to refund in Docket Commission on its own motion received ordered. No. RI6&-365. Applicant has filed mo­ and made a part of the record in this (8) It is necessary and appropriate in tions to be made co-respondent in said proceeding all evidence, including the carrying out the provisions of the proceedings. Therefore, Applicant will be applications and petitions, as supple­ Natural Gas Act that the certificates made co-respondent; the proceedings mented and amended, and exhibits heretofore issued to Applicants relating will be redesignated accordingly; and thereto, submitted in support of the au­ to the abandonments hereinafter per­ Applicant will’ be required to file agree­ thorizations sought herein, and upon mitted and approved should be ter­ ments and undertakings to assure the re­ consideration of the record: minated or that the orders issuing said funds of any amounts collected by it in The Commission finds : certificates should be amended by excess of the amounts determined to be (1) Each Applicant herein is a nat­ deleting therefrom authorization to sell just and reasonable in said proceedings. ural-gas company” within the meaning natural gas from the subject acreage. H. H. Champlin, et al., Applicants in of the Natural Gas Act as heretofore (9) It is necessary and appropriate in Docket No. CI68-63, proposes to continue found by the Commission or will be en­ carrying out the provisions of the Nat­ the sale of natural gas heretofore au­ gaged in the sale of natural gas in inter­ ural Gas Act that Palm Resource Corp. thorized in said docket to be made pur­ state commerce for resale for ultimate (Operator) et al., should be made co­ suant to Joe N. Champlin, Trustee, FPC public consumption, subject to the juris­ respondent in the proceedings pending Gas Rate Schedule No. 3. Said rate diction of the Commission, and will, in Dockets Nos. RI66—364 and RI66-365; schedule will be redesignated as that of therefore, be a “natural-gas company” that said proceedings should be redesig­ Applicants. The presently effective rate within the meaning of the Natural Gas nated accordingly; and that Palm Re­ under said rate schedule is in effect sub­ Act upon the commencement of service source Corp. (Operator) et al. should ject to refund in Docket No. RI66-228, under the authorizations hereinafter be required to file agreements and and Applicants have submitted an agree­ granted. undertakings. ment and undertaking to assure the re­ (2) The sales of natural gas herein­ (10) It is necessary and appropriate fund of any amounts collected by them 1 before described, as more fully described in carrying out the provisions of th Nat­ in excess of the amount determined to in the applications in this proceeding, ural Gas Act that H. H. Champlin et al., be just and reasonable in said proceeding. will be made in interstate commerce sub­ should be made co-respondents in the Therefore, Applicants will be made co­ ject to the jurisdiction of the Commis­ proceeding pending in Docket No. RI66- respondents in the proceeding pending sion; and such sales by Applicants, 228; that said proceeding should be re­ in Docket No. RI66-228; said proceeding together with the construction and op­ designated accordingly; and that the will be redesignated accordingly; and eration of any facilities subject to the agreement and undertaking submitted by the agreement and undertaking will be jurisdiction of the Commission neces­ them in said proceeding should be ac­ accepted for filing. sary therefor, are subject to the require­ cepted for filing. The Estate of W. G. Rogers and Bee- ments of subsections (c) and (e) of (11) It is necessary and appropriate in Kay Co., both Applicants in Dockets Nos. section 7 of th e Natural Gas Act. carrying out the provisions of the Natural CI69-531 and CI69-532, propose to con­ (3) Applicants are able and willing Gas Act that the Estate of W. G. Rogers tinue in part sales of natural gas here­ properly to do the acts and to perform and BeeKay Co., should be made co­ tofore authorized in Dockets Nos. the service proposed and to conform to respondents in the proceedings pending G-12600 and G-12578, respectively, to be the provisions of the Natural Gas Act in both Dockets Nos. RI67-44 and RI67- made pursuant to Texaco Inc., FPC Gas and the requirements, rules and regula­ 466, that said proceedings should be re­ Rate Schedule No. 148 and Marathon tions of the Commission thereunder. designated accordingly, and that they should be required to file agreements and Oil Co. FPC Gas Rate Schedule No. 31, (4) The sales of natural gas by Ap­ respectively. The contracts comprising undertakings. plicants, together with the construction (12) It is necessary and appropriate in said rate schedules will also be accepted and operation of any facilities subject to for filing as rate schedules of Applicant. carrying out the provisions of the Natural the jurisdiction of the Commission Gas Act that the FPC gas rate schedules The presently effective rate under necessary therefor, are required by the Texaco’s rate schedule is in effect subject and supplements related to the authori­ public convenience and necessity and zations hereinafter granted should be to refund in Docket No. RI67-44, and the certificates therefor should be issued as presently effective rate under Marathon’s accepted for filing. hereinafter ordered and conditioned. The Commission orders: rate schedule is in effect subject to re­ (5) It is necessary and appropriate in fund in Docket No. RI67-466. Therefore, (A) Certificates of public convenience carrying out the provisions of the and necessity are issued upon the terms Natural Gas Act and the public con­ and conditions of this order, authorizing 1 Applicants state in their certificate appli­ venience and necessity require that the sales by Applicants of natural gas in in­ cation that they will assume the total refund, orders issuing certificates of public con­ terstate commerce for resale, together obligation; however, in their agreement and venience and necessity in the following undertaking they lim it their assumption of with the construction and operation of the refund obligation to sales made by them. dockets should be amended as herein­ any facilities subject to the jurisdiction after ordered and conditioned :

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8314 NOTICES of the Commission necessary therefor, all (d) The initial rate for the sale au­ Dockets Nos. G-6931,a CI69-532, CI69- as hereinbefore described and as more thorized in Docket No. CÏ69-841 shall be 531, CI66-470, CI66-470, CI69-836, and fully described in the applications and 15 cents per Mcf at 14.65 p.s.i.a., includ­ CI69-49, respectively. in the tabulation herein. ing tax reimbursement, and subject to (I) The orders issuing certificates in (B) The certificates granted in para­ B.t.u. adjustment. In the event that the Dockets Nos. CI62-585, CI64-557, CI66- graph (A) above are not transferable and Commission amends its statement of 377, CI67-717, CI67-1039, CI67-1224, shall be effective only so long as Appli­ general policy No. 61-1, by adjusting the CI68-63, and CI68-702 are amended by cants continue the acts or operations boundary between the Oklahoma Pan­ substituting the successors in interest as hereby authorized in accordance with the handle area and the Oklahoma “Other” certificate holders. provisions of the Natural Gas Act and area so as to increase the initial wellhead (J) Applicant in Docket No. CI62-585 the applicable rules, regulations, and or­ price for new gas, Applicant thereupon shall file a revised billing statement to ders of the Commission. may substitute the new rate reflecting the reflect the 17 cents rate for all of the gas (C) The grant of the certificates is­ amount of such increase and thereafter sold under its FPC Gas Rate Schedule sued in paragraph (A) above shall not be collect the new rate prospectively in lieu No. 1 (28.266 percent of the Gilbert Unit) construed as a waiver of the requirements of the initial rate herein authorized in as required by the regulations under the of section 4 of the Natural Gas Act or of said docket. Applicant shall file a revised Natural Gas Act. Part 154 or Part 157 of the Commission’s billing statement reflecting the 15 cents (K) Permission for and approval of regulations thereunder and is without rate as required by the regulations under the abandonment of service by Appli­ prejudice to any findings or orders which the Natural Gas Act. cants, as hereinbefore described, all as have been or which may hereafter be (e) Sales authorized in Docket No. more fully described in the applications made by the Commission in any proceed­ CI66-470 shall be made at the initial ings now pending or hereafter instituted rate of 15 cents per Mcf at 14.65 p.s.i.a., and in the tabulation herein are granted. by or against Applicants. Further, our including tax reimbursement, from the (L) Permission for and approval of action in this proceeding shall not fore­ newly dedicated acreage and from acre­ the abandonment in Docket No. CI69- close nor prejudice any future proceed­ age acquired from the certificate holder 863 shall not be construed to relieve Ap­ ings or objections relating to the opera­ in Docket No. CI65-1145; and 15.015 plicant of any refund obligations which tion of any price or related provisions in cents per Mcf at 14.65 p.s.i.a., including may be ordered in the related rate sus­ the gas purchase contracts herein in­ tax reimbursement, from acreage ac­ volved. Nor shall the grant of the certifi­ quired from the certificate holder in pension proceeding pending in Docket cates aforesaid for service to the particu­ Docket No. CI62-1251, subject to the No. RI65-475. lar customers involved imply approval of same refunding obligations imposed on (M) Permission for and approval of all of the terms of the contracts, partic­ Joseph E. Seagram & Sons, Inc., doing the abandonment are granted in Docket ularly as to the cessation of service upon business as Texas Pacific Oil Co. in No. CI69-709 and the certificate hereto­ termination of said contracts as pro­ Docket No. RI68-659. vided by section 7(b) of the Natural Gas fore issued in Docket No. G-6125 Is ter­ (f) The initial rate for the sales au­ minated only with respect to Common­ Act. The grant of the certificates afore­ thorized in Dockets Nos. CI66-942 and said shall not be construed to preclude CI69-878 shall be 17 cents per Mcf at wealth Gas Corp. FPC Gas Rate Sched­ the imposition of any sanctions pursuant 14.65 p.s.i.a., including tax reimburse­ ule No. 5. to the provisions of the Natural Gas Act ment, and subject to upward and down­ (N) The certificates heretofore issued for the unauthorized commencement of ward B.t.u. adjustment. in Dockets Nos. G-3970, G-11177, G- any sales of natural gas subject to said certificates. (g) The initial rate for the sale au­ 12594, G-13256, G-19570, CI62-362, CI62- (D) The grant of the certificates is­ thorized in Docket No. CI69-546 shall be 838, and CI65-475 are terminated. sued herein on certain applications filed 17 cents per Mcf at 14.65 p.s.i,a. subject (O) Palm Resource Corp. (Operator) to upward and downward B.t.u. adjust­ et al., is made co-respondent in the pro­ after July 1, 1967, is upon the condition ment. Further, the certificate is con­ that no increase in rate which would ditioned upon any determination which ceedings pending in Dockets Nos. RI66- exceed the ceiling prescribed for the may be made in the proceeding pend­ 364 and RI66-365 and said proceedings given area by paragraph (d) (3) of the are redesignated accordingly. Commission's statement of general policy ing in Docket No. R-338 with respect to the transportation of liquefiable (P) Within 30 days from the issuance No. 61-1, as amended, shall be filed prior hydrocarbons. to the applicable date indicated in the of this order Palm Resource Corp. (Oper­ tabulation herein. (F) The orders issuing certificates in ator) et al., shall execute, in the form (E) The certificates issued herein and Dockets Nos. G-6931, G-9396, G-15912, set out below, and shall file with the the amended certificates are subject to G-19958, CI61-516, CI61-7G4, CI62-230, Secretary of the Commission .acceptable the following conditions: CI63-489, CI66-470, CI66-942, CI66-1077, agreements and undertakings in Dockets (a) Any increases in rate authorized CI67-1795, and CI69-49 are amended by in Dockets Nos. G-9358 and CI69-851 Nos. RI66—364 and RI66—365 to assure under the subject contract amendments adding thereto or deleting therefrom au­ the refunds of any amounts collected by in excess of the rates now in effect under thorization to sell natural gas as de­ it, together with interest at the rate the rate schedules involved herein shall scribed in the tabulation herein. of 7 percent per annum, in excess of not become effective until a notice of (G) The order issuing a certificate in the amounts determined to be just and change in rate is filed with respect Docket No. G-9358 is amended to revise reasonable in said proceedings. Unless thereto as required under section 4 of average daily contract quantity, extend notified to the contrary by the Secretary the Natural Gas Act. the contract term and provide for price (b) The sale authorized in Docket No. of the Commission within 30 days CI61-704 shall be made at the Initial rate schedule to apply during extended term from the date of submission, such agree­ of 15 cents per Mcf at 14.65 p.s.i.a. in­ pursuant to the amendatory agreement ments and undertakings shall be deemed cluding tax reimbursement. Further, the dated October 3, 1968. to have been accepted for filing. certificate is conditioned by limiting the (H) The orders issuing certificates in buyer’s daily take-or-pay obligation to Dockets Nos. G-3913â, G-12578, G-12600, 2 Partial succession with respect to Ash­ a 1 to 7,300 ratio of takes to reserves. CI62-1251, CI65-1145, CI67-69, and CI67- land Oil & Refining Oo.’s certificate in Doc­ 90 are amended by deleting therefrom ket No. G-3913 and complete succession (c) The sale authorized in Docket No. with respect to Ashland’s RPC Gas Rate CI69-683 shall be made at the initial rate authorization to sell natural gas from Schedule No. 92 (formerly United Carbon of 15 cents per Mcf at 14.65 p.s.i.a. acreage assigned to Applicants in Co. FPC Gas Rate Schedule No. 14).

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8315 (Q) Palm Resource Corp. (Operator) Docket No. FPC rate schedule to be accepted et al., shall comply with the refunding and Applicant Purchaser, Supp .date filedfield, and location Description and date No. Supp.date and reporting procedure required by the of document Natural Gas Act and § 154.102 of the reg­ ulations thereunder, and the agreements G-6931______.. Star Gas Co. (successor United Fuel Gas Co., Assignment 6-30-55 *_____ 16 6 (G-3913) to United Carbon Poca District, Kanawha Effective date: 6-30-55___ and undertakings filed by it in Dockets F 1-30-69 * Co. i). County, W. Va. Nos. RI66-364 and RI66-365 shall remain G-9358.______.. Monsanto Co., et al...... Natural Gas Pipeline Co. Amendatory agreement 65 9 3-6-69 4 of America, Old Ocean 10-3-68.6 in full force and effect until discharged Field (Larsen Reser- Letter agreement 65 10 voir), Brazoria and 11-8-68.«6 by the Commission. Matagorda Counties, (R) H. H. Champlin et al., are made Tex. G-9396______.. Skelly Oil C o ...... El Paso Natural Gas Co., Letter agreement 90 11 co-respondents in the proceeding pend­ D 5-19-65 acreage in Rio Arriba 3-17-65.7 6 County, N. Mex. ing in Docket No. RI66-228; said pro­ G-15912- ...... do...... i ...... ____do______Letter agreement 131 6 ceeding is redesignated accordingly; and G 5-19-65 3- 17-65.7 6 Notice of change 131 . 7 the agreement and undertaking sub­ 4- 3-69.» Effective date: 5-8-69____ mitted by them in said proceeding is G-19958- ...... Magna Oil Corp. Southern Natural Gas Notice of partial cancel- 7 8 accepted for filing. D 1-31-69 (partial abandon­ Co., East Happytown lation 1-31-69.7 16 ment). Field, Iberville Parish, (S) H. H. Champlin et al., shall com­ La. C161-616______.. Pan American Petro- Michigan Wisconsin Pipe Notice of partial cancella- 330 37 ply with the refunding and reporting D 3-14-69 leum Corp. (Opera- Line Co., Putnam tion 3-12-69.711 procedure required by the Natural Gas tor) et al. (partial Field, Dewey County, abandonment). Okla. Act and § 154.102 of the' regulations C161-704...... Union Oil Co. of Cali- Lone Star Gas Co., Caddo Amendatory agreement 135 5 thereunder, and the agreement and un­ C 2-F7-69 w fornia (Operator). Plant, Springer Field, 11-15-68. Carter County, Okla. Letter 2-12-69 13...... 135 6 dertaking filed by them in Docket No. Compliance 3-26-69 14 15__ 135 7 C162-230...... Mobil Oil Corp. (partial Arkansas Louisiana Gas Notice of partial cancella- 273 10 RI66-228 shall remain in full force D 3-14-69 abandonment). Co., West Marlow Field, tion 3-13-69.716 and effect until discharged by the Stephens County, Okla. C162-585______.. Palm Resource Corp. Kansas-Nebraska Natural Palm Petroleum Corp. 1 Commission. E 2-25-69 (Operator) et al. (suc­ Gas Co., Inc., Camrick (Operator) et al., FPC cessor to Palm Petro­ Field, Texas County, GRS No. 2. (T) The Estate of W. G. Rogers and leum Corp. (Opera­ Okla.16 Supplements Nos. 1-5..... 1 1-5 BeeKay Co., are made co-respondents in tor) et al.). Notice of succession (un­ dated) . the proceedings pending in both Dock­ Assignment 1-28-69 17____ 1 6 Effective date: 1-1-69____ ets Nos. RI67-44 and RI67-466, and C162-585______.. Palm Resource Corp. Panhandle Eastern Pipe Palm Petroleum Corp. 2 said proceedings are redesignated E 2-25-69 (Operator) et al. Line Co., Camrick (Operator) et al., FPC (successor to Palm Field, Texas.County, GRS No. 5. accordingly. Petroleum Corp. Okla.16 Supplements Nos. 1-2____ 2 1-2 (Operator) et al.). Notice of succession (un- (U) Within 30 days from the issuance dated). of this order the Estate of W. G. Rogers 1-28-69 lr. ___ 2 3Assignment Effective date: 1-1-69_____ and BeeKay Co. shall execute, in the CI63-489...... Ashland Oil & Refining Michigan Wisconsin Pipe Amendatory agreement 81 16 C 3-17-69 12 Co. Line Go., West Chester 2-28-69.« form set out below, and shall file with Field, Woodward the Secretary of the Commission accept­ County, Okla. CI64-557______. Midhurst Oil Corp. Cities Service Gas Co., Camerina Petroleum 22 able agreements and undertakings in E 3-17-69 (successor to Camer- West Waynoka Field, Corp., FPC GRS No. ina Petroleum Corp.). Woodward and Woods 2. Dockets Nos. RI67-44 and RI67-466 to Counties, Okla. Supplement No. 1 ...... 22 1 assure the refunds of any amounts col­ Notice of succession 3-13-69 lected by them, together with interest at Conveyance 6-19-68 18____ 22 2 Effective date: 6-19-68...... the rate of 7 percent per annum, in CI66-377______Sierra Trading Corp. Kansas-Nebraska Natural Wind River Drilling Co. 1 excess of the amounts determined to be E 3-19-69 (Operator) et al. (sue- Gas Co., Inc., North (Operator) et al., FPC cessor to Wind River Shawnee-Flat Top GRS No. 1. just and reasonable in said proceedings. . Drilling Co. (Oper­ Field, Converse Supplement Nos. 1-5____ 1 1-5 ator) et al.). County, Wyo. Unless notified to the contrary by the 3-12-69. Plan and agreement of 1 6 Secretary of the Commission within 30 reorganization 5-31-68. days from the date of submission, such Effective date: 5-31-68____ C CI66-470...... Sun Oil Co. (DX Divi- Arkansas Louisiana Gas Letter agreement 9-23-6820. 259 9 agreements and undertakings shall be (CI62-1251) sion) (Operator) et al. Co., Arkoma Area, Le Letter agreement 259 10 (CI65-1145) Flore and Pittsburg 11-4-68.21 deemed to have been accepted for filing. F 12-19-68 w Counties, Okla. Compliance 3-7-69 15 22___ 259 11 C166-942______. Pan American Petro- Northern Natural Gas Amendatory agreement 25.-449 16 (V) The Estate of W. G. Rogers and C 3-12-69 « leum Corp. (Operator) Co., North Salon Field, 2-7-69.« BeeKay Co., shall comply with the re­ et al. Ellis County, Okla. CI66-1077-...... John C. Oxley et al___ Arkansas Louisiana Gas Amendment 2-26-69...... 1 9 funding and reporting procedure re­ C 3-13-69 « Co., South Pocola Field, Pittsburg and quired by the Natural Gas Act and Latimer Counties, Okla. § 154.102 of the regulations thereunder, C167-717...... Midhurst Oil Corp. Northern Natural Gas Camerina Petroleum 23 . and the agreements and undertakings E 3-12-69 et al. (successor to Co., North Gate Lake Corp. et al., FPC GRS Camerina Petroleum Field, Harper County, . No. 4. filed by them in Dockets Nos. RI67-44 Corp. et al.). Okla. 3 -llr69. and RI67-466 shall remain in full force Conveyance 6-19-68.18...... 23 1 Effective date: 6-19-68...... and effect until discharged by the CI67-1039...... Estate of W. G. Rogers Panhandle Eastern Pipe W. G. Rogers et al., FPC 1 . E 2-7-69 and BeeKay Co. Line Co., Mocane- GRS No. 1. Commission. (successor to W. G. Laverne Area, Beaver Notice of succession (W) The rate schedules and rate Rogers et al.). County, Okla. 2-5-69. Effective date: 6-14-68...... schedule supplements related to the au­ CI67-1224-...... H. H. Champlin et al. Michigan Wisconsin Pipe Joe N. Champlin, FPC 2 . E 1-29-69 (successor to Joe N. Line Co., Laverne GRS No. 3. thorizations granted herein are accepted Champlin). Field, Harper County, Notice of succession Okla. (undated) .»b for filing or are redesignated, all as de­ Effective date: 2-5-68...... scribed in the tabulation herein. Filing code: A—Initial service. B—Abandonment. C—Amendment to add acreage. By the Commission. D —Amendment to delete acreage. E—Succession. [ s e a l ] G o r d o n M. G r a n t , F—Partial succession. Secretary. See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8316 8316 Docket No. FPC rate schedule to be accepted Docket No. FPC rate schedule to be accepted and Applicant , Purchaser, and Applicant Purchaser, date filed field, and location Description and date No. Supp. date filed field, and location Description and date No. Supp. of document of document

CI67-179Ö...... Southwest Oil Indus- Northern Natural Gas Supplemental agreement 8 3 CI69-869____ Milton S. Yunker Texas Gas Transmission Notice of cancellation 2 1 C 1-27-69 42 tries, Inc. Co., Fincham Field, 10-7-68.48 (CI65-475) (Operator) et al. Corp., Sugar Creek 3-12-69.7 44 Meade County, Kans. B 3-17-69 Field, Hopkins County, CI68-63...... H. H. Champlin et al. Oklahoma Natural Gas Joe N . Champlin, 4 . . . . Ky. E 1-29-69 (successor to Joe N. Gathering Corp., Trustee, FPC GRS C169-870...... kobil Oil Corp...... Panhandle Eastern Pipe Notice of cancellation 306 5 Champlin, Trustee). Ringwood Field, Major No. 3. (CI62-362) Line Co., Hugoton 3-12-69.7 48 County, Okla. Supplement Nos. 1-5...... 4 1-5 B 3-14-69 Field, Seward County, Notice of succession Kans. (undated) .234> C169-872...... O. V. Stonestreet et al., Equitable Gas Co., Contract 11-22-68 48...... 4 Effective date: 2-5-68...... A 3-17-69 42 d.b.a. Stonestreet Glenville District, C168-702______. Estate of W. G. Rogers Panhandle Eastern Pipe W. G. Rogers et al., FPC 2 . . . . Oil & Gas Co. Gilmer County, W. Va. E 2-7-69 and BeeKay Co. Line Co., Mocane- GRS No. 2. C169-873...... Phillips Petroleum C o.. Texas Eastern Transmis­ Notice of cancellation 286 9 (successor tb W. G. Laverne Area, Beaver Notice of succession (G-11177) sion Corp., Willow 3-14-69.7 48 Rogers et al.). County, Okla. 2-5-69. B 3-17-69 Springs Field, Gregg Effective date: 6-14-68...... County, Tex. F C169-49...... John C. Oxley...... Arkansas Louisiana Gas Assignment 12-22-6724___ 3 5 C169-874...... E. G. Thompson...... Natural Gas Pipeline Co. Notice of cancellation 1 11 (CI67-90) Co., Kinta Field, (G-3970) of America, Fairbanks 3-14-69.7 48 C 3-13-69 Pittsburg County, B 3-17-69 Field, Harris County, Okla. Tex. CI69-531...... Estate of W. G. Rogers Colorado Interstate Gas Contract 3-16-5628...... 3 . . . . CI69-875...... Shell Oil Co...... Tennessee Gas Pipeline Notice of cancellation 220 2 (G-12600) and BeeKay Co. Co., a division of Amendment 4-23-57...... 3 f 1 (G-19570) Co., a division of 3-14-69.7 48 F 11-23-68 (successor to Texaco, Colorado Intra-state Supplemental agreement 3 2 B 3-17-69 Tenneco Inc., Atchaf- Inc.). Corp., Mocane-Laverne 8-3-67. , alaya Bay Field, St. Area, Beaver County, Assignment 11-6-67 48 28__ 3 3 Mary and Terrebonme Okla. Parishes, La. CI69-532...... Estate of W. G. Rogers ...... do...... Contract 4-8-5727...... 4 . . . . C169-878...... Nielson Enterprises, Michigan Wisconsin Pipe Contract 2-12-69 48 38_____ 7 (G-12578) and BeeKay Co. Supplemental agreement 4 1 A 3-18-69 42 Inc. Line Co., North West F 11-25-68 (successor to 3-16-67. Quinlan Field, Wood­ Marathon Oil Co.). Assignment 10-16-67 48 28. . 4 2 ward County, Okla. C169-546...... Federal Petroleum, Inc... Transwestern Pipeline Contract 10-25-68...... 2 . . . . CI69-879-...... Mareve Oil Corp., et al.. Consolidated Gas Supply Contract 4-17-68 48...... 6 A 12-9-68 42 Co.', acreage in Hans- Letter agreement 2-5-6928. 2 1 A 3-18-69 43 Corp., Lincoln District, ford County, Tex. Compliance 3-27-69 18 30.__ 2 2 Tyler County, W. ya. C169-683...... Tenneco Oil Co. Arkansas Louisiana Gas Contract 1-13-69...... 234 . . . . A 1-22-69 42 (Operator) et al. Co., Kinta Field, Letter agreement 234 1 NOTICES Le Flore County, 2-17-69.84 1 Predecessor in interest to Ashland Oil & Refining Co. Okla. Compliance 3-19-69 48 82.. . 234 2 2 Partial succession with respect to Ashland’s certificate in Docket No. G-3913 and complete succession with CI69-709______. Commonwealth Gas United Fuel Gas do., Notice of cancellation 5 5 respect to Ashland Oil & Refining Co. FPC GRS No. 92 (formerly United Carbon Co. FPC GRS No. 14). (G-6125) 33 Corp. Poca District, Kanawha 1-23-69.7 44 a From United Carbon Co. to Star Gas Co. Covers a 50 percent working interest in acreage previously covered B 1-28-69 County, W. Va. by United Carbon Co. FPC GRS No. 14 which was redesignated as Ashland’s FPC GRS No. 92. CI69-739...... Blaine Hart et al...... Consolidated Gas Supply Notice of cancellation 1 1 4 Amendment to the certificate to reflect terms of amendatory agreement dated Oct. 3,1968. (CI62-838) Corp., Murphy District, 2-6-69.?44 s Extends term of basic contract from Dec. 2,1971 to Dec. 1,1980; decreases aggregate daily contract quantity from B 2-10-69 Ritchie County, 114,000 Mcf to 70,000 Mcf during 1969-71; 25,000 Mcf during 1972; 20,000 Mcf during 1973; 15,000 Mcf during 1974; 13,000 W. Va. Mcf during 1975 and 10,000 Mcf during 1976-80. Provides for 5-year make-up period. Provides that price will be 14 CI69-787...... Shield Petroleum Corp... Penova Interests, Murphy Contract 11-1-68...... 3 . .. . cents (including tax reimbursement from Dec. 2, 1966 to Jan. 1, 1969; 16.25 cents from Jan. 1, 1969 to Dec. 2,1971; A 2-24-69 42 District, Ritchie Letter agreement. 17.25 cents from Dec. 2,1971 to Dec. 2,1976 and 18.25 cents from Dec. 2, 1976 to Dec. 2,1980), such prices do not In­ County and Burning 3-18-69.48 3 1 clude applicable tax reimbursement; price increases to any higher applicable area rate. Springs District, Wirt • Provides that terms of amendatory agreement will not be effective unless acceptable authorization is received County, W. Va. for both applications (Dockets Nos. G-9358 and CI69-851), CI69-834...... Mobil Oil Corp...... United Gas Pipe Line Notice of cancellation i Efiective date: Date of this order. (G-12594) Co., Monroe Field, 3-3-69J l# t 117 17 I Transfers the production from Well No. 26, Dakota Formation, Jicarilla C Lease from dedication under a high B 3-5-69 Ouachita and More- pressure contract (FPC GRS No. 90) to a low pressure contract (FPC GRS No. 131) in Docket No. G-15912. house Parishes, La. s Filed Apr. 7, 1969; provides for a reduction in rate from 14.0536 cents to 12.0495 cents for production transferred C169-836...... James W. Staples United Gas Pipe Line Contract 7-14-6634______2 . . . . from FPC GRS No. 90 to FPC GRS No. 131. (CI67-69) (successor to James Co.. Fortitude (Pettus) Assignment 11-20-68 38___ 2 1 ‘o Source of gas depleted. F 2-27-69 H. Helland). Field, Bee County, II Production of gas no longer economically feasible. Tex. 12 Jan. 1,1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as "amended. CI69-841...... Sun OH Co.38...... Arkansas Louisiana Gas Contract 12-13-68 48...... 246 . . . . 13 Unilaterally provides for 5-year make-up period applicable to sales under Nov. 15, 1968 amendatory agreement A 3-7-69 42 Co., Northeast May- in lieu of contractual 3-year make-up period. field Field, Beckham 14 Complies with temporary certificate issued Mar. 21, 1969 Applicant states willingness to accept permanent County, Okla. authorization for the additional acreage at 15.0 cents Mcf and conditioned to limit the buyer’s take-or-pay obligation CI69-851...... Monsanto Co. et al...... , Natural Gas Pipeline Co. Contract 10-3-68.37...... 9 5 ___ to a 1 to 7,300 ratio of takes to reserves. 1 ■ A 3-6-69 42 of America, Old Ocean Letter agreement 95 1 13 Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). Field (Campbell Res- 11-8-68 8 48 18 62.929 percent of gas unit is dedicated to Kansas-Nebraska Natural Gas Co., Inc., and 37.071 percent is dedicated ervoir), Brazoria and to Panhandle Eastern Pipe Line Co. Matagorda Counties, fr Conveys acreage to Palm Resource Corp. from Palm Petroleum Corp. Tex. 48 Transfers Camerina’s interest in the subject properties to Midhurst Oil Corp. CI69-862...... Gas Marketing, Inc. Panhandle Eastern Pipe Contract 1-14-694S. 48 Sales from a portion of each unit are being proposed as Initial service (140 acres in lieu of the 500 acres authorized A 3-12-69 » (Operator). Line Co., Kiowa Plant, in the temporary certificate issued Feb. 7, 1969) and sales from the remainder as a partial succession (160 acres-Pan Kiowa County, Kans. American Petroleum Corp. and 620 acres-Joseph E.Seagram & Sons, Inc., d.b.a. Texas Pacific Oil Co.). Jan. 1, 1970, C169-863...... Shell Oil Co. Southern Natural Gas Notice of cancellation 17 moratorium applicable to the newly dedicated acreage only. (G-13256) Co., Loisel Field, 3-11-69.' « 20 Portion of acreage covered by Joseph E. Seagram & Sons, Inc., d.b.a. Texas Pacific Oil Co. FPC GRS No. 10 B 3-13-69 Iberia and St. Mary in Docket No. CI62-1251. Parishes, La. 24 Portion of acreage covered by Pan American Petroleum Corp. FPC GRS No. 419 in Docket No. CI65-1145. See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8317

»Applicant states willingness to accept permanent authorization at 15 cents including tax reimbursement for the [Docket No. CP64—76] newly dedicated acreage. 23a Contract rate is 18 cents plus 0.015-cent tax reimbursement; however, Applicant proposes a rate of 17 cents subject to upward and downward B.t.u. adjustment. EL PASO NATURAL GAS CO. »*> Court decree by which Applicants acquired their interests. 34 Assigns acreage from Amax Petroleum Corp. to Applicant. Notice of Petition To Amend 25 Basic contract between buyer and Texaco, Inc.; on file as Texaco, Inc. FPC GRS No. 148. * From Texaco, Inc. to Applicant. May 22, 1969. 27 Basic contract between buyer and Marathon Oil Co.; on file as Marathon Oil Co. FPC GRS No. 31. 28 From Marathon Oil Co. to Applicant. Take notice that on May 14, 1969, El 22 Eliminates indefinite pricing provisions. 30 Complies with temporary certificate issued Mar. 14, 1969; Applicant states willingness to accept a permanent Paso Natural Gas Co. (Petitioner), Post certificate conditioned to the ultimate disposition of the proceeding in Docket No. R-338. Office Box 1492, El Paso, Tex. 79999, filed 81 Deletes acreage previously dedicated to Sinclair Oil Corp. contract dated Mar. 15,1962; on file as Sinclair’s FPC in Docket No. CP64-76 a petition to GRS No. 251. 32 Complies with temporary certificate issued Mar. 14, 1969; Applicant states willingness to accept a permanent amend the order issued in said docket as certificate .at 15 cents. part of the Commission’s Opinion 500 33 Other's ales covered under the certificate in Docket No. G-6125; therefore, said certificate will be terminated only insofar as it pertains to Commonwealth Gas Corp. FPC GRS No. 5. issued July 26, 1966 (36 FP.C. 176) by * Basic contract between James H. Heiland and buyer; currently on file as James H. Heliand FPC GRSNo. 3. requesting that certain facilities that 35 Transfers acreage from James Heliand to James W. Staples to a depth of 4,500 feet. Petitioner has constructed and installed 33 B y letter dated Mar. 21, 1969, Applicant expressed willingness to accept a permanent certificate conditioned to the area ceiling rate of 15 cents plus B.t.u. adjustment in lieu of the initial contract rate of 16 cents plus B.t.u. adjust­ be authorized in lieu of the facilities ment. authorized in the aforementioned order, 37 Provides for 100 percent take-or-pay of seller’s part of daily contract quantity with 6-year makeup period and a 75-125 percent swing in daily takes; daily contract quantity is 45,000 Mcf during 1969,1970, and 1971; 30,000 Mcf during all as more fully set forth in the petition 1972-74; 15,000 Mcf during 1975-78 and 10,000 Mcf during 1979-88. to amend which is on file with the Com­ 38 Contract provides for an initial base rate of 19.5 cents plus tax reimbursement; however. Applicant has expressed willingness to accept a permanent certificate at an initial rate of 17 cents including tax reimbursement which is equal mission and open to public inspection. to the initial service ceiling for the Oklahoma Panhandle Area. By the aforementioned order of July Suggested agreement and undertaking: and expenses in securing purchasers for 26, 1966, Petitioner was authorized to B e f o r e t h e F e d e r a l P o w e r C o m m i s s i o n the proposed Bonds, negotiating the sale construct and operate various natural gas transmission facilities and appurtenances (Name of Respondent) Docket No. thereof, and the rates and provisions pertaining thereto is the sum of $20,000. as part of a major pipeline expansion AGREEMENT AND UNDERTAKING OF (NAME OF Such bonds will be secured by and issued program. Petitioner states in the instant RESPONDENT) TO COMPLY WITH REFUNDING under Applicant’s indenture of mortgage filing that certain changes were neces­ AND REPORTING PROVISIONS OF SECTION sary when actual construction of the 154.102 OF THE COMMISSION’S REGULATIONS and deed of trust to The Hanover Bank, UNDER THE NATURAL GAS ACT as trustee (presently Manufacturers proposed facilities was carried out due to Hanover Trust Co. through merger with changes in locations of gas wells, in­ (Name of Respondent) hereby agrees and ability to acquire certain materials, and undertakes to comply with the refunding and Manufacturers Trust), dated as of Sep­ reporting provisions of section 154.102 of the tember 1, 1941, as supplemented and incorrect estimates of the transmission Commission’s regulations under the Natural amended by various supplemental inden­ system’s needs. Gas Act insofar as they are applicable to the tures to and including the supplemental Petitioner states that the revisions to proceeding in Docket N o . ______, a n d h a s indenture dated as of May 1, 1963 and the authorized facilities resulted in no caused this agreement and undertaking to be by a proposed supplemental indenture appreciable increase in the total capacity executed and sealed in its name by a duly to be dated as of June 1, 1969. The new of its Southern Mainline System. authorized officer this ______d a y o f ------1 9 6 -2 . bonds cannot be refunded out of pro­ Any person desiring to be heard or to (Name of Respondent) ceeds from the issuance of securities at make any protest with reference to said B y ------an interest rate lower than interest rate application should on or before June 19, A ttest: of the bonds for a period of 5 years. 1969, file with the Federal Power Com­ Applicant states that it proposes to use mission, Washington, D.C. 20426, a peti­ [F.R. Doc. 69-6236; Filed, May 28, 1969; the proceeds from the sale of the First tion to intervene or a protest in accord­ 8 :4 5 a .m .] Mortgage Bonds, Series O, for payment ance with the requirements of the Com­ of additions and improvements to its mission’s rules of practice and procedure properties, including the repayment of (18 CFR 1.8 or 1.10) and the regulations [Docket No. E-7484] interim bank loans obtained for such pur­ under the Natural Gas Act (18 CFR BLACK HILLS POWER AND LIGHT CO. poses. Applicant’s construction p r o g r a m 157.10). All protests filed with the Com­ for the year ending October 31, 1969, es­ mission will be considered by it in de­ Notice of Application timated at $4,966,935, includes the com­ termining the appropriate action to be pletion of a 20,000 kw. steam turbine gen­ taken but will not serve to make the M a y 21,1969. erator unit at its Wyodak plant and a protestants parties to the proceeding. Take notice that on May 19, 1969, an 35-mile, 69 kv. transmission line from Any person wishing to become a party to Application was filed with the Federal Colony, Wyo. to Alzada, Mont. a proceeding or to participate as a party Power Commission pursuant to section Any person desiring to be heard or to in any hearing therein must file petitions 204 of the Federal Power Act by Black make any protest with reference to said to intervene in accordance with the Com­ Hills Power and Light Co. (Applicant), application should on or before June 9, mission’s rules. a corporation organized under the laws 1969, file with tljie Federal Power Com­ of the State of South Dakota and doing G o r d o n M . G r a n t , mission, Washington, D.C. 20426, peti­ Secretary. business in the States of South Dakota, tions to intervene or protests in accord­ Wyoming, and Montana, with its prin­ ance with the requirements of the [F.R. Doc. 69-6345; Filed, May 28, 1969; cipal business office at Rapid City, Commission’s rules of practice and pro­ 8 :4 5 a.m .] S. Dak., seeking an order authorizing the cedure (18 CFR 1.8 or 1.10). All protests issuance of $5 million principal amount filed with the Commission will be con­ [Docket No. E-7417] of First Mortgage Bonds, Series O. Appli­ sidered' by it in determining ahe appro­ cant proposes to issue and sell the afore­ priate action to be taken but will not IOWA POWER AND LIGHT CO. said Series O First Mortgage Bonds, to serve to make the protestants parties to Notice of Application be dated June 1, 1969, and to mature the proceeding. Persons wishing to be­ come parties to a proceeding or to partic­ May 22, 1969. June 1 , 1999, at a negotiated price of ipate as a party in any hearing therein Take notice that on May 19,1969. Iowa 100 percent of principal amount, and must file petitions to intervene in accord­ Power and Light Co. (Applicant) of Des an interest rate of 7.80 percent. The ance with the Commission’s rules. The Moines Iowa, filed an application seeking aforesaid Series O First Mortgage Bonds application is on file with the Commis­ authority pursuant to section 204 of the will be sold by Applicant through its sion and available for public inspection. Federal Power Act to increase to $34 agent, Eastman Dillon, Union Securities million the amount of short-term prom­ G o r d o n M . G r a n t , & Co., to eight institutions. The fee to issory notes authorized to be issued, of Secretary. which aggregate amount up to $17 mil­ be paid by Applicant to Eastman Dillon, [F.R. Doc. 69-6344; Filed, May 28, 1969; lion may be in the form of commercial Union Securities & Co. for its services 8 :4 5 a.m .] paper, and to extend to no later than

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 N o. 103------7 8318 NOTICES September 30, 1970, the final maturity [Docket No. CP69-44] taken but will not serve to make the pro­ date of notes authorized to be issued MICHIGAN WISCONSIN PIPE LINE CO. testants parties to the proceeding. Any under the Commission’s order of June 27, person wishing to become a party to a 1968, and the supplemental order issued Notice of Motion To Amend proceeding or to participate as a party in any hearing therein must file peti­ August 13,1968, in Docket No. E-7417. In May 22,1969. that order and supplemental order the tions to intervene in accordance with Commission authorized Applicant to Take notice that on May 15, 1969, the Commission’s rules. Michigan Wisconsin Pipe Line Co. issue up to $25 million short-term prom­ G o r d o n M . G r a n t , issory notes, of which aggregate amount (Michigan Wisconsin), 1 Woodward Ave­ Secretary. up to $10 million could be in the form nue, Detroit, Mich. 48226, filed in Docket of commercial paper, with final maturi­ No. CP69-44 a motion to amend the [F.R. Doc. 69-6347; FUed, May 28, 1969; ties no later than September 30, 1969. Commission’s order issued January 17, 8:4 5 a.m .] Applicant is incorporated under the 1969, in said docket by authorizing the laws of the State of Iowa with its princi­ installation of different size compressor pal business office at Des Moines, Iowa, units in lieu of those heretofore author­ and is engaged in the electric and gas ized in this proceeding, all as more fully FEDERAL RESERVE SYSTEM utility businesses within the State of set forth in the motion to amend which FIRST NATIONAL CHARTER CORP. Iowa. is on file with the Commission and open The notes are to be issued from time to to public inspection. Notice of Application for Approval of time to banking institutions and/or sold The order of January 17, 1969, among Acquisition of Shares of Banks through commercial paper dealers. other things, authorized Michigan Wis­ consin to construct and operate certain Notice is hereby given that application Notes to banking institutions will be has been made to the Board of Gov­ issued in accordance with various in­ facilities in order to meet the increased ernors of the Federal Reserve System, formal lines of credit agreements. The peak day requirements of its customers pursuant to section 3(a) (1) of the Bank notes are to have maturities of not more commencing in the fall of 1969. Included Holding Company Act of 1956 (12 U.S.C. than 180 days from their dates and in in the facilities authorized were single 1842(a)(1)), by First National Charter any event on or before September 30, 7.500 horsepower reciprocating compres­ Corp., Kansas City, Mo., for prior ap­ 1970, and are to bear interest at the prime sor units at the Cottage Grove and Port­ proval of the Board of action whereby rate in effect at the time of issuance. land Compressor Stations. Michigan Applicant would become a bank holding Commercial paper will be issued as un­ Wisconsin states that the most econom­ company through the acquistion of 80 secured promissory notes through estab­ ical proposal for the unit at Cottage Grove was submitted by an engine manu­ percent or more of the voting shares of lished commençai paper dealers. Com­ The First National Bank of Kansas City, mercial paper notes are to have facturer whose unit carries a nominal rating of 7,800 horsepower. Accordingly, Kansas City, Mo., and of 51 percent or maturities of not more than 270 days more of the voting shares of Leawood from their dates and in any event on or Michigan Wisconsin requests authority to construct and operate one 7,800 horse­ National Bank of Kansas City, Kansas before September 30,1970, and the inter­ City, Mo. est rate will be dependent upon the terms power unit at Cottage Grove in lieu of the 7.500 horsepower unit heretofore author­ Section 3(c) of the Act, as amended: of the notes and money market condi­ Provides, That the Board shall not ap­ tions at the time of issuance. ized. Michigan Wisconsin states further that the most economical proposal for prove (1) any acquistion or merger or The proceeds from the issuance of the additional compression at the Port­ consolidation under this section which notes will be used as interim financing of land Station was submitted by an engine would result in a monopoly, or which the Applicant’s construction program to manufacturer which does not manufac­ would be in furtherance of any combina­ September 30, 1970, which is estimated ture a 7,500 horsepower class unit. In tion or conspiracy to monopolize or to to total $27,147,000.- The increase in lieu of such a unit, it was proposed to attempt to monopolize the business of authorization to $34 million and the ex­ install two 5,950 horsepower units. How­ banking in any part of the United States, tension of 1 year to September 30, 1970, ever, the motion indicates that in recog­ or (2) any other proposed acquisition or will allow Applicant more freedom in se­ nition of the fact that this proposal merger or consolidation under this sec­ lecting the most appropriate time to go would result in the installation of more tion whose effect in any section of the into the market with new permanent horsepower than Michigan Wisconsin re­ country may be substantially to lessen financing. quires aj this time, the manufacturer competition, or to tend to create a Any person desiring to be heard or to agreed that Michigan Wisconsin would monopoly, or which in any other manner ' make any protest with reference to said now pay for only the equivalent of a would be in restraint of trade, unless it application should on or before June 13, 7.500 horsepower unit, with the balance finds that the anticompetitive effects of 1969, file with the Federal Power Com­ being deferred until such time as Michi­ the proposed transaction are clearly out­ mission, Washington, D.C. 20426, peti­ gan Wisconsin requires the additional weighed in the public interest by the tions to intervene or protests in accord­ horsepower which time is estimated to probable effect of the transaction in ance with the requirements of the be in 1971. Accordingly, Michigan Wis­ meeting the convenience and needs of Commission’s rules of practice and consin requests authorization to con­ the community to be served. procedure (18 CFR 1.8 or 1.10). All pro­ struct and operate two 5,950 horsepower Section 3(c) further provides that, in tests filed with the Commission will be compressor units at the Portland Station every case, the Board shall take into considered by it in determining the ap­ in lieu of the 7,500 horsepower unit here­ consideration the financial and man­ propriate action to be taken but will not tofore authorized. agerial resources and future prospects of serve to make the protestants parties to the company or companies and the the proceeding. Persons wishing to be­ Any person desiring to be heard or to banks concerned, and the convenience make any protest with reference to said and needs of the community to be come parties to a proceeding or to application should on or before June 19, participate as a party in any hearing served. 1969, file with the Federal Power Not later than thirty (30) days after therein must file petitions to intervene Commission, Washington, D.C. 20426, a the publication of this notice in the F e d ­ in accordance with the Commission’s petition to intervene or a protest in ac­ rules. The application is on file with the era l R e g is t e r , comments and views re­ Commission and available for public cordance with the requirements of the garding the proposed acquistion may be Commission’s rules of practice and pro­ filed with the Board. Communications inspection. cedure (18 CFR 1.8 or 1.10) and the G o r d o n M. G r a n t , should be addressed to the Secretary, Secretary. regulations under the Natural Gas Act Board of Governors of the Federal Re­ (18 CFR 157.10). All protests filed with serve System, Washington, D.C. 20551. [F.R. Doc. 69-6346; Filed, May 28, 1969; the Commission will be considered by it in The application may be inspected at the 8 :4 5 a.m .] determining the appropriate action to be

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8319 office of the Board of Governors or the Order 11214 of April 7, 1965, you are directed It is ordered, Pursuant to sections 15 Federal Reserve Bank of Kansas City. to prohibit, effective May 24, 1969, and for (c) (5) and 19(a) (4) of the Securities the 12-month period extending through Dated at Washington, D.C., this 23d May 23, 1970, entry into the United States for Exchange Act of 1934, that trading in the day of May 1969. consumption and withdrawal from warehouse said capital stock on such exchanges and for consumption, of cotton textiles in Cate­ in the debentures on the American By order of the Board of Governors. gory 22, produced or manufactured in Stock Exchange, and trading otherwise [seal] Elizabeth L. Carmichael, Malaysia, in excess of a level of restraint for than on a national securities exchange Assistant Secretary. the period of 242,550 square yards. be summarily suspended, this order to In carrying out this directive, entries of be effective for the period May 25, 1969, [F.R. Doc. 69-6351; Filed, May 28, 1969; cotton textiles in Category 22, produced or through June 3, 1969, both dates 8:4 5 a.m .] manufactured in Malaysia, which have been exported to the United States from Malaysia inclusive. prior to May 24, 1969, shall, to the extent of By the Commission. any unfilled balances, be charged against the level of restraint established for such [seal] Orval L. DttBois, INTERAGENCY TEXTILE goods during the period May 24,1968, through Secretary. May 23, 1969. In the event that the above [F.R. Doc. 69-6361; Filed, May 28, 1969; level of restraint has been exhausted by 8 :4 6 a jn .] ADMINISTRATIVE COMMITTEE previous entries, such goods shall be subject to the directiyes set forth in this letter. CERTAIN COTTON TEXTILES AND A detailed description of Category 22 in COTTON TEXTILE PRODUCTS PRO­ terms of T.S.U.S.A. numbers was published CAPITOL HOLDING CORP. DUCED OR MANUFACTURED IN in th e F e d e r a l R e g i s t e r on January 17, 1968 Order Suspending Trading MALAYSIA (33 F.R. 582), and amendments thereto on March 15, 1968 (33 F.R. 4600). M a y 23, 1969. In carrying out the above directions, en­ Entry and Withdrawal From try into the United States for consumption It appearing to the Securities and Ex­ Warehouse for Consumption shall be construed to include entry for con­ change Commission that the Summary sumption into the Commonwealth of Puerto suspension of trading otherwise than on May 23,1969. R ico. a national securities exchange in the On May 22,1969, the U.S. Government, The actions taken with respect to the Gov­ common stock and all other securities of in furtherance of the objectives of, and ernment of Malaysia and with respect to im­ Capitol Holding Corp. is required in the under the terms of, the Long-Term Ar­ ports of cotton textiles and cotton textile public interest and for the protection of rangement Regarding International products from Malaysia have been deter­ investors: Trade in Cotton Textiles, done at Geneva mined by the President’s Cabinet Textile Ad­ It is ordered, Pursuant to section on February 9, 1962, including Article visory Committee to involve foreign affairs functions of the United States. Therefore, the 15(c) (5) of the Securities Exchange Act 6(c) thereof relating to nonparticipants, directions to the Commissioner of Customs, of 1934, that trading in such securities informed the Government of Malaysia being necessary to the implementation of otherwise than on a national securities that it was renewing for an additional such actions, fall within the foreign affairs exchange be summarily suspended, this 12-month period beginning May 24,1969, exception to the notice provisions of 5 U.S.C. order to be effective for the period May and extending through May 23,1970, the 553 (Supp. H, 1965-66). This letter will be 25,1969,-through June 3, 1969, both dates restraint on imports into the United published in the F e d e r a l R e g i s t e r . inclusive. States of cotton textiles in Category 22, S in cerely , By the Commission. produced or manufactured in Malaysia. M a u r i c e H . S t a n s , Pursuant to Annex B, paragraph 3, of Secretary of Commerce, Chairman, [seal] Orval L. DuBois, the Long-Term Arrangement the level President’s Cabinet Textile Ad­ Secretary. visory Committee. of restraint for this 12-month period is [F.R. Doc. 69-6362; Filed, May 28, 1969; 5 percent greater than the level of re­ [F.R. Doc. 69-6376; Filed, May 28, 1969; 8 :4 6 a .m .] straint applicable to this category for 8 :4 7 a.m .] the preceding 12-month period. There is published below a letter of [812-2489] May 23, 1969, from the Chairman of the EATON & HOWARD BALANCED FUND President’s Cabinet Textile Advisory SECURITIES AND EXCHANGE Committee to the Commissioner of Cus­ Notice of Filing of Application for toms, directing that the amount of cot­ COMMISSION Exemption ton textiles in Category 22, produced or manufactured in Malaysia, which may [File No. 1-3909] May 23, 1969. be entered or withdrawn from warehouse BSF CO. Notice is hereby given that Eaton & for consumption in the United States Howard Balanced Fund (“applicant”), for the 12-month period beginning Order Suspending Trading 24 Federal Street, Boston, Mass. 02110, May 24,1969, be limited to the designated a common law trust existing under the May 23, 1969. laws of Massachusetts registered under level. The capital stock (66% cents par Stanley Nehmer, the Investment Company Act of 1940 value) and the 5% percent convertible (“Act”) as an open-end, diversified Chairman, Interagency Textile subordinated debentures due 1969 of BSF Administrative Committee, management investment company, has Co. being listed and registered on the filed an application pursuant to section and Deputy Assistant Secre­ American Stock Exchange, and such cap­ tary for Resources. 6(c) of the Act requesting an order of ital stock being listed and registered on the Commission exempting from the pro­ P r e s i d e n t ’s C a b i n e t T e x t i l e A d v is o r y the Philadelphia-Baltimore-Washing- visions of section 22(d) of the Act a C o m m i t t e e ton Stock Exchange pursuant to provi­ transaction in which applicant’s re­ C ommissioner o f C u s t o m s , sions of the Securities Exchange Act of deemable securities will be issued at a Department of the Treasury, .1934; and all other securities of BSF price other than the current public of­ Washington, D.C. 20226. Co. being traded otherwise than on a fering price described in the prospectus, May 23, 1969. national securities exchange; and in exchange for substantially all of the D e a r M r . C ommissioner : Under the terms It appearing to the Securities and Ex­ assets of the Mutual Bankers Corp. of the Long-Term Arrangement Regarding change Commission that the summary International Trade in Cotton Textiles done (“Mutual”) . at Geneva on February 9, 1962, including suspension of trading in such securities All interested persons are referred to Article 6(c) thereof relating to nonpartici­ on such exchanges and otherwise than the application on file with the Com­ pants, and in accordance with the procedures on a national securities exchange is re­ mission for a statement of applicant’s outlined in Executive Order 11052 of Sep­ quired in the public interest and for the representations which are summarized tember 28, 1962, as amended by Executive protection of investors: below.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8320 NOTICES Mutual, a Delaware corporation, is an priate in the public interest and consist­ TOP NOTCH URANIUM AND MINING investment company, all of the out­ ent with the protection of investors and CORP. standing stock of which is owned by 19 the purposes fairly intended by the policy stockholders, and is exempt from regis­ and provisions of the Act. Order Suspending Trading tration under the Act by reason of the Notice is further given that any inter­ M ay 22, 1969. provisions of section 3(c) (1) thereof. ested person may, not later than June 9, It appearing to the Securities and Ex­ Pursuant to an agreement between ap­ 1969 at 5:30 p.m., submit to the Com­ change Commission that the summary plicant and Mutual, substantially all of mission in writing a request for a hear­ suspension of trading in the common the cash and securities owned by Mutual, ing on the matter accompanied by a with a value of approximately $4,921,698 statement as to the nature of his inter­ stock of Top Notch Uranium and Min­ as of January 17, 1969, will be trans­ est, the reason for such request and the ing Corp. (a Utah corporation) and all ferred to applicant in exchange for issues of fact or law proposed to be con­ other securities of Top Notch Uranium shares of its capital stock. The shares troverted, or he may request that he be and Mining Corp. being traded other­ of applicant are to be sold at net asset notified if the Commission should order wise than on a national securities ex­ value. The number of shares of applicant a hearing thereon. Any such communi­ change is required in the public interest to be issued is to be determined by divid­ cation should be addressed: Secretary, and for the protection of investors: ing the aggregate market value (with Securities and Exchange Commission, It is ordered, Pursuant to section 15 (c) certain adjustments as set forth in de­ Washington, D.C. 20549. A copy of such (5) of the Securities Exchange Act of tail in the application) of the assets of request shall be served personally or by 1934, that trading in such securities Mutual to be transferred to applicant mail (airmail if the person being served otherwise than on a national securities by the net asset value per share of appli­ is located more than 500 miles from the exchange be summarily suspended, this cant both to be determined as of a valu­ point of mailing) upon applicant at the order to be effective for the period May ation tune, as defined in the agreement. address stated above. Proof of such serv­ 23,1969, through June 1,1969, both dates If the valuation under the agreement had ice (by affidavit or in case of an attorney inclusive. taken place on January 17, 1969, Mutual at law by certificate) shall be filed con­ By the Commission. would have received 400,001 shares of temporaneously with the request. At any applicant’s stock. time after said date, as provided by Rule [ s e a l ] O rval L . D u B o i s , When received by Mutual, the shares 0-5 of the rules and regulations promul­ Secretary. of applicant, which are registered under gated under the Act, an order disposing [F.R. Doc. 69-6365; Filed, May 28, 1969; the Securities Act of 1933, are to be dis­ of the application herein may be issued 8 :4 6 a.m .] tributed to the Mutual stockholders on by the Commission upon the basis of the information stated in said application, the liquidation of Mutual. Applicant has UNITED AUSTRALIAN OIL, INC. been advised by the management of Mu­ unless an order for hearing upon said tual that the stockholders of Mutual have application shall be issued upon request Order Suspending Trading no present intention of redeeming any or upon the Commission’s own motion. of applicant’s shares following the pro­ Persons who request a hearing or advice M a y 23, 1969. posed transaction. as to whether a hearing is ordered, will It appearing to the Securities and Ex­ There is no affiliation between appli­ receive notice of further developments change Commission that the summary cant and Mutual, Mutual is not an affili­ in this matter, including the date of the suspension of trading in the common ated person of any affiliated person of hearing (if ordered) and any postpone­ stock of United Australian Oil, Inc., Dal­ applicant, and the agreement was nego­ ments thereof. las, Tex., and all other securities of tiated at arm’s .length by the two com­ For the Commission (pursuant to dele­ United Australian Oil, Inc., being traded panies. Applicant’s Board of Trustees gated authority). otherwise than on a national securities approved the agreement as being bene­ exchange is required in the public inter­ ficial to its shareholders, because among [ s e a l ] O rval L . D u B o i s , est and for the protection of investors: other things, applicant will be able to Secretary. It is ordered, Pursuant to section acquire at one time substantial additions [F.R. Doc. 69-6363; Filed, May 28, 1969; 15(c) (5) of the Securities Exchange Act to its portfolio securities without affect­ 8 :4 6 a.m .] of 1934, that trading in such securities ing the market in those securities and otherwise than on a national securities without incurring brokerage commis­ exchange be summarily suspended, this sions. TELSTAR, INC. order to be effective for the period Section 22(d) of the Act provides that Order Suspending Trading May 26, 1969, through June 4, 1969, both registered investment companies issuing dates inclusive. May 23, 1969. redeemable securities may sell their By the Commission. shares only at the current public offering It appearing to the Securities and Ex­ price as described in the prospectus. The change Commission that the summary [ s e a l ] O rval L . D u B o i s , current public offering price of the shares suspension of trading in the common Secretary. (redeemable) of applicant as described stock and all other securities of Telstar, [F.R. Doc. 69-6366; Filed, May 28, 1969; in applicant’s prospectus is net asset Inc., being traded otherwise than on a 8 :4 6 a.m .[ value plus a sales charge. Thus, section national securities exchange is required 22(d) prohibits the proposed sale of ap­ in the public interest and for the protec­ plicant’s shares at net asset value with­ tion of investors: out a sales charge. It is ordered, Pursuant to section 15 (c) TARIFF COMMISSION Section 6(c) permits the Commission, (5) of the Securities Exchange Act of [3 3 7 -2 3 ] upon application, to exempt such a trans­ 1934, that trading in such securities action if it finds that such an exemption otherwise than on a national securities FREEZE DRIED COFFEE is necessary or appropriate in the public exchange be summarily suspended, this Notice of Investigation and Date of interest and consistent with the protec­ order to be effective for the period Hearing tion of investors and the purposes fairly May 25, 1969, through June 3, 1969, both intended by the policy and provisions of dates inclusive. A complaint was filed with the Tariff the Act. Commission on December 19, 1968, by Applicant contends that the proposed By the Commission. Struthers Scientific and International offering of its stock will comply with the [ s e a l ] O rval L . D u B o i s , Corp. of New York, N.Y., alleging unfair provisions of the Act other than section Secretary. methods of competition and unfair acts 22(d) and submits that the granting of [F.R. Doc. 69-6364; Filed, May 28, 1969; in the importation and sale of freeze the application is necessary and appro­ 8 :4 6 a .m .] dried coffee by General Foods Corp. of

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8321 White Plains, N.Y. and possibly others, writing at least 5 days in advance of the (2) A public hearing in connection which unfair methods or acts have the opening of the hearing. with the investigation to be held in the effect or tendency to substantially injure, By order of the Commission. Hearing Room of the Tariff Commission or prevent the establishment of, an in­ Building, Eighth and E Streets NW., dustry in the United States in violation Issued: May 26,1969. Washington, D.C., beginning at 10 a.m., of the provisions of section 337 of the [ s e a l ] D o n n N . B e n t , e.djs.t., on July 15,1969, at which hearing Tariff Act of 1930 (19 U.S.G. 1337). Com­ Secretary. all parties concerned will be afforded an plainant alleges, inter alia, that General opportunity to be present, to produce Foods Corp. : [F.R. Doc. 69-6380; Filed, May 28, 1969; evidence, and to be heard concerning the (a) Has engaged in unfair acts and 8 :4 7 a .m .] subject matter of the investigation. unfair methods of competition by the The Commission is not at this time importation and sale in the United States [3 3 7 -2 2 ] recommending that a temporary exclu­ of freeze dried coffee which is produced sion order be issued. by a foreign manufacturer in accordance TRACTOR PARTS/ Public notice of the receipt of the com­ with the claims of U.S. Letters Patent Notice of Investigation and Date of plaint was published in the F ed e r a l No. 3,381,302 and/or No. 3,404,007 owned Hearing R e g is t e r for December 17, 1968 (33 F.R. by the complainant; 18638), and the complaint was served on (b) Has engaged in unfair acts and A complaint was filed with the Tariff the parties named in the complaint and unfair methods of competition by the Commission on November 1, 1968, by has been available for inspection by in­ importation and sale in the United States Albert Levine Associates of Jamaica, terested persons continuously since issu­ of freeze dried coffee manufactured N.Y., alleging unfair methods of compe­ ance of the notice, at the office of the abroad in misuse of trade secrets that tition and unfair acts in the importation Secretary located in the Tariff Commis­ were obtained for use in only certain and sale of certain crawler tractor parts, sion Building, and also in the New York domestic production of the freeze dried which unfair methods or acts have the City Office of the Commission located in coffee, and has engaged in other unfair effect or tendency to restrain or monopo­ Room 437 of the Customhouse. acts in the importation of freeze dried lize trade and commerce in the United Interested parties desiring to appear coffee; States in violation of the provisions of and give testimony at the hearing should (c) Has caused complainant to suffer section 337 of the Tariff Act of 1930 notify the Secretary of the Commission injury by virtue of repeated acts of such (19 U.S.C. 1337). Complaint alleges, inter in writing at least 5 days in advance of unfair competition in the importation alia, that the partnerships, corporations, the opening of the hearing. or associations hereinafter named and sale of freeze dried coffee. Issued: May 26, 1969. Having conducted in accordance with through their respective officers and § 203.3 of the Commission’s rules of prac­ agents: By order of the Commission. (a) Have all participated in and acted tice and procedure (19 CFR 203.3) a pre­ in unlawful combinations or conspiracies [ s e a l ] D o n n N . B e n t , liminary inquiry with respect to the mat­ Secretary. ters alleged in the said complaint, the in restraint of the trade and commerce in certain imported tractor parts in the [F.R. Doc. 69-6381; Filed, May 28, 1969; U.S. Tariff Commission, on the 14th of 8 :4 8 a.m .] May, ordered ; * United States; (1) That, for the purposes of section (b) Have all participated in a joint 337 of the Tariff Act of 1930, an investi­ and collaborate action and agreement gation is instituted with respect to the whereby the foreign manufacturer and DEPARTMENT OF LABOR alleged violations in the importation and the U.S. importer-distributors conspired sale in the United States of freeze dried to and did effect a complete boycott and Wage and Hour Division coffee. .cutting off of complainant and others (2) A public hearing in connection from importing and selling certain trac­ CERTIFICATES AUTHORIZING EM­ with the investigation to be held in the tor parts in the United States. PLOYMENT OF FULL-TIME STU­ Hearing Room of the Tariff Commission Those partnerships, corporations, and DENTS WORKING OUTSIDE SCHOOL Building, Eighth and E Streets NW., associations alleged to be engaged in the activities in violation of section 337 here­ HOURS AT SPECIAL MINIMUM Washington, D.C., beginning at 10 a.m., WAGES IN RETAIL OR SERVICE e.d.s.t., on July 22, 1969, at which hear­ inbefore described include; ing all parties concerned will be afforded B ertoni* Cotti S.p.A. Offlcine Meccaniche of ESTABLISHMENTS OR IN AGRICUL­ an opportunity to be present, to produce Copparo, Ferrara, Italy. TURE evidence, and to be heard concerning the Jackson Tractor Parts Co., Inc. of Jackson, M iss. Notice is hereby given that pursuant subject matter of the investigation. Tupes of Saginaw, Inc., of Saginaw, Mich. to section 14 of the Fair Labor Standards The Commission is not at this time Wilson Parts and Equipment Co. of Raleigh, Act of 1938 (52 Stat. 1060, as amended, recommending that a temporary exclu­ N.C. 20 U.S.C. 201 et seq.), the regulation on sion order be issued. Shaull Equipment and Supply Co. of Le- employment of full-time students (29 Public notice of the receipt of the com­ m o y n e, P a. CFR Part 519), and Administrative Burgman Supply Co. of Jacksonville, Fla. Order No. 595 (31 F.R. 12981), the es­ plaint was published in the F ed e r a l Seaboard Equipment Co., Inc., of Westbury, tablishments listed in this notice have R e g is t e r for January 23, 1969 (34 F.R. N.Y. International Steel Products, Inc., and/or been issued special certificates author­ 1091 ), and the complaint was served on Tru-Rol Co., Inc., of Baltimore, Md. izing the employment of full-time stu­ the party named in the complaint and dents working outside of school hours at others and has been available for inspec­ Having conducted in accordance with hourly wage rates lower than the mini­ § 203.3 of the Commission’s rules of mum wage rates otherwise applicable tion by interested persons continuously practice and procedure (19 CFR 203.3), since issuance of the notice, at the under section 6 of the act. The effective a preliminary inquiry with respect to the and expiration dates are as indicated office of the Secretary located in the matters alleged in the said complaint, below. The minimum certificate rates are Tariff Commission Building, and also in the U.S. Tariff Commission, on the 14th not less than 85 percent of the appli­ the New York City Office of the Com­ day of May 1969, ordered: cable statutory minimum. mission located in Room 437 of the (1) That, for the purposes of section The following certificates provide for Customhouse. 337 of the Tariff Act of 1930, an investi­ gation is instituted with respect to the an allowance not to exceed the propor­ Interested parties desiring to appear alleged violations in the importation and tion of the total hours worked by full­ and give testimony at the hearing should sale in the United States of tractor parts time students at rates below $1 an hour notify the Secretary of the Commission in produced by Bertoni & Cotti of Italy. to the total number of hours worked by

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8322 NOTICES all employees in the establishment dur­ Costa’s Super Market, foodstore; 323 Harrods Thrift Market, foodstore; 320 ing the base period in occupations of the Water Street, Smethport, Pa.; 2-3-69 to North White Street, Athens, Tenn.; 2-25-69 2 -2 -7 0 . to 2-24-70. same general classes in which the estab­ Craft’s Drug Store, drugstores from 3-1-69 Hayden House, Inc., restaurant; Eppley lishment employed full-time students at to 2-28-70: No. 5, Gaffney, S.C.; Nos. 1, 2, 3, Airfield, Omaha, Nebr.; 2-28-69 to 2-27-70. wages below $1 an hour in the base and 4, Spartanburg, S.C. Henderson Rexall Drugs, drugstore; 270 period. D & L Market, foodstore; 201 Main Street, Delta Avenue, Clarksdale, Miss.; 2-26-69 to A & R Food Store, Inc., foods tores from Forreston, HI.; 2-10-69 to 2-9-70. 2 -2 5 -7 0 . 2-15-69 to 2-14-70: 930 Oxmoor Road, Bir­ Denny’s Department Store, department Holcomb Pharmacy, drugstore; 1209 Sec­ mingham, Ala.; 202 Seventh Street South, store; 420-422 Gallatin Street, Vandalia, 111.; ond Street, Perry, Iowa; 2-28—69 to 2-27-70. Clanton, Ala. 2-27-69 to 2-26-70. Hollywood Market, Inc., foodstore; 2458 Ace Tailors, apparel store; 323 23d Street, The Diamonds, restaurant; Villa Ridge, Chelsea, Memphis, Tenn.; 2-7-69 to 2-6-70. Galveston, Tex.; 2—25—69 to 2-24-70. Mo.; 2-13-69 to 2-12-70. Holzaepfel Brothers, department store; 162 Ackemann Brothers, Inc., department Dickson’s, hardware store; 201 East Cham­ Columbus Avenue, Sandusky, Ohio; 2-19-69 store; 168 East Highland Avenue, Elgin, 111.; bers Street, Cleburne, Tex.; 2-27-69 to 2-25- to 2-18-70. 2-16-69 to 2-15-70. 70. Hooks Foods, Inc., foodstores: Grundy Cen­ Aero Pharmacy, Inc., drugstore; 2100 Dillon Companies, Inc., foodstores from ter, Iowa, 2-23-69 to 2-22-70; Reinbeck, Iowa, Qrems Road, Middle River, Md.; 2-3-69 to 2-24-69 to 2-23-70: Nos. 2 and 12, Dodge 2-21-69 to 2-20-70. 1 - 3 1 -7 0 . City, Kans.; No. 15, Garden City, Kans.; Nos. Howland-Hughes Co., department store; Allen’s Big Star, foodstore; Corner Second 3 and 20, Great Bend, Kans.; No. 22, Greens- 120-140 Bank Street, Waterbury, Conn.; 3- Avenue and Sixth Street North, Amory, burg, Kans.; No. 23, Lyons, Kans.; No. 17, 1- 69 to 2-28-70. Miss.-; 2 -3 -6 9 to 2 -2 -7 0 . McPherson, Kans.; No. 32, Mulvane, Kans.; Hudson’s Big Country Store, Inc., depart­ Alta Food! and, foodstore; Alta, Iowa; No. 6 and 24, Newton, Kans.; No. 21, Pratt, ment store; Coalgate, Okla.; 2-27-69 to 2— 2- 26-69 to 2-25-70. Kans.; No. 11,. St. John, Kans.; Nos. 5, 27, 2 6 -7 0 . B & B Super Service, foodstore; 103 Vic­ and 41, Salina, Kans.; No. 7, Sterling, Kans.; Joe’s Party Store; party supply store; 8320 toria Street, Kenedy, Tex.; 2-27-69 to 2-26-70. Nos. 4, 18, 19, 26, 28, 29, 30, 31, 33, 36, and West Davison, Detroit; Mich.; 2-20-69 to Regel Baker’s IGA Food Store, foodstore; 42, Wichita, Kans. 2 - 19-70. Highway 79, McKenzie, Term.; 2-20-69 to Dow-Rummel Village, nursing home; 1000 John’s Market, foodstore; 838 North 2 -1 9 -7 0 . North Lake Avenue, Sioux Falls, S. Dak.; Fourth, Big Rapids, Mich.; 2-20-69 to 2—19—70. E. W. Banks Co., department store; 20-222-27-69 to 2-26-70. Johnson Department Store, department North Jackson, Forsyth, Ga.; 2-26-69 to Drake-Mangrum Super Market, foodstore; store; Main Street, Jamestown, Tenn.; 2- 2 -2 5 -7 0 . Batesville, Miss.; 2-16-69 to 2-15-70. 13-69 to 2-12-70. Becker’s Super Valu, foodstore; Morgan, Dutch’s Shopping Mart, foodstore; No. 1, Johnson’s Super Market, foodstore; Moun­ Minn.; 2-12-69 to 2-11-70. Ada, Okla.; 2-26-69 to 2-25-70. tain Home, Ark.; 2-12-69 to 2-11-70. Ben Franklin Store, variety store; 200 East Erdman Supermarkets, foodstore; Chat- Kay Baum, Inc., apparel store; 166 West Main Street, Anamosa, i Iowa; 2-5-69 to field, Minn.; 2-21-69 to 2-20-70. Maple, Birmingham, Mich.; 2-19-69 to 2- 2 -4 -7 0 . r Eschbach Music House, music store; 302 18-70. Bernhardt Hardware, Inc., hardware store; Main Street, Ames, Iowa; 2-7-69 to 2-6-70. Kewanee Public Hospital, hospital; 719 113 North Main Street, Salisbury, N.C.; Farmers Trading Post, foodstore; Salem, Kewanee Street, Kewanee, 111.; 3-1-69 to 2-3-69 to 1-31-70. S. Dak.; 2-19-69 to 2-18-70. 2 -2 8 -7 0 . Best Food Store, foodstore; 4737 Marlboro Ferri Super Market, Inc., foodstore; Old Kirssin’s Department Store, Inc., depart­ Pike, Coral Hills, Md.; 2-10-69 to 2-9-70. William Penn Highway, Murrysville, Pa.; ment store; 32 East King Street, Shippens- Big Bee Market, foodstore; Marysville, Pa.; 2-9-69 to 2-8-70. burg, Pa.; 2-24-69 to 2-23-70. 2-10-69 to 2-9-70. Fischer’s Colonial Pharmacy, drugstore; S. S. Kresge Co., variety-department store; Bob’s Grocery, foodstore; 200 First Avenue Publix Shopping Center, Kendallville, Ind.; 2- 6-69 to 2-5-70 except as otherwise indi­ NE., Cairo, Ga.; 2-7-69 to 1-31-70. 2-6-69 to 2-5-70. cated: No. 717, Atlanta, Ga. (2-21-69 to Brestwoode Inn, restaurant; 1410 East 23d, Food Fair Super Market, foodstore; 890 2-20-70); No. 2258, Indianapolis, Ind.; No. Fremont, Nebr.; 2-13-69 to 2-12-70. Second Street, Macon, Ga.; 2-21-69 to 117, Terre Haute, Ind.; No. 588, Youngstown, Browns Market, foodstore; 3117 East 13th, 2 -2 0 -7 0 . Ohio (2-15-69 to 2-14-70). Wichita, Kans.; 2-13-69 to 2-12-70. Foodland, foodstore; Lexington, Okla.; Landers Brothers Co., foodstore; Nowata, Burke Pharmacy, Inc., drugstore; 1812 2-12-69 to 2-11-70. Okla.; 2-27-69 to 2-26-70. North Cleburn, Grand Island, Nebr.; 2-26-69 John Francis Restaurant, restaurant; Langhorne Pharmacy, Inc., drugstore; 220 to 2-25-70. 7148 W est 80th Street, Overland Park, Kans.; West Main Street, Salem, Va.; 2-3-69 to 2- Cambridge Nursing Home, Inc., nursing 2-5-69 to 2-4-70. 2 -7 0 . home; 548 West First Street, Cambridge, Frank’s Inc., foodstore; 113 West McCord Lesman’s Market, Inc., foodstore; 119 East Minn.; 3-1-69 to 2-28-70. Avenue, Albertville, Ala.; 2-5-69 to 2-4-70. Paterson Street, Kalamazoo, Mich.; 2-6-69 Canfield Co., department store; George Giant Food Market, foodstores from 3-1-69 to 2 -5 —70. West, Tex.; 2-14-69 to 2-13-70. to 2-28-70: No. 6, Bristol, Tenn.; No. 7, Eliza- Liberty Cash, foodstore; No. 42, Winona, Carmel Home, nursing home; 2501 Old bethton, Tenn.; Nos. 2 and 4, Johnson City, Miss.; 2-18-69 to 2-17-70. Hartford Road, Owensboro, Ky.; 2-27-69 to Tenn.; No. 3, Kingsport, Tenn. Long’s Market, Inc., foodstore; 43 Abbitt 2 -2 6 -7 0 . Gibson General Hospital, Inc., hospital; Avenue, Roxboro, N.C.; 2—5—69 to 1—31—70. Carney’s variety store; 128 South Main Trenton, Tenn.; 2-11-69 to 2-10-70. Looie’s IGA, foodstore; 113 North Main, Street, Marysville, Ohio; 2—25—69 to 2-24-70. Wm. Y. Gilmore & Sons, Inc., department George, Iowa; 2—7—69 to 2-6-70. Carson Pirie Scott & Co., department store; store; 137 North Oak Park Avenue, Oak Park, Lumbard-Leschinskt Studio, camera store; 1520 Fifth Avenue, Moline, 111.; 3-1-69 to 111.; 2-14-69 to 2-13-70. 109 East Third Street, Grand Island, Nebr.; 2-28-70. .• Goldblatt Brothers, Inc., department store; 2-5-69 to 2-4-70. Carter Brothers, agriculture; 709 North 3149 North Lincoln Avenue, Chicago, 111.; Manly Drug, drugstore; 621 G Avenue, First Street, Rolling Fork, Miss.; 2-17-69 to 2-26-69 to 2-25-70. Grundy Center, Iowa; 2-19-69 to 2-18-70. 2 -1 6 -7 0 . Graham’s Department Store, Inc., depart­ Marsh’s, Inc., drugstore; 30 Seventh Ave­ Chambers Super Market, foodstore; Wink, ment store; 124-126 South Main Street, Red nue, St. Cloud, Minn.; 2-16-69 to 2-15-71). Tex.; 2-27-69 to 2-26-70. Springs, N.C.; 2-19-69 to 1-31-70. J. E. Mayes, agriculture; Mayesville, S.C.; Cherokee Food Town, Inc., foodstore; 427 Grand Pacific Hotel, hotel; 205 North 2-12-69 to 2-11-70. Cherokee Boulevard, Chattanooga, Tenn.; Fourth Street, Bismarck, N. Dak.; 2-13-69 to McClains, foodstore; Shepherd, Tex.; 2-24-69 to 2-23-70. 2 -1 2 -7 0 . 2-25-69 to 2-24-70. Colorado Drumstick, Inc., restaurants from W. T. Grant Co., variety store; No. 265, McNeely IGA Store; foodstore; Geary, 2-26-69 to 2-25-70: 6301 East Colfax Avenue, Kansas City, Mo.; 2—10—69 to 2-9—70. Okla.; 2-18-69 to 2-17-70. Denver, Colo.; 6501 West Colfax Avenue, John Gray and Son Big Star, foodstore; S. P. McRae Co., Inc., department stores Denver, Colo.; 1490 South Colorado Boule­ No. 8, Memphis, Tenn.; 2-15-69 to 2-14-70. from 2-6-69 to 2-5-70 : 200 West Capitol vard, Denver, Colo.; 4095 South Santa Fe Street, Jackson, Miss.; 905 Ellis Avenue, Drive, Englewood, Colo.; 74 Federal Boulevard, Handy Andy, Inc., foodstores from 2-14-69 Jackson, Miss.; 353 Meadowbrook Road, W estminster, Colo. to 2-13-70: Nos. 131 and 132, Austin, Tex.; Jackson, Miss. Conoco Cafe, restaurant; Grand Island, Nos. 41, 42, and 43, Corpus Cfcristi, Tex.; Nos. Mecca Convalescent Home of Mecca, Inc., Nebr.; 2-21-69 to 2-20-70. 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, nursing home; 190 Southwest U.S. No. 1, Cornerstone Farm & Gin Co., agriculture; 19, 20, 21, 22, and 23, San Antonio, Tex. Vero Beach, Fla.; 2-20-69 to 2-19-70. Pine Bluff, Ark.; 3-1-69 to 2-28-70. Harold W. Hardy Super Market, Inc., food- - Louis Menotti Food Store; foodstore; 1502 Cosentino Brothers Market, foodstore; 4300 store; Shepherdsville, Ky.; 2-13-69 to 2-12-70. Moody, Galveston, Tex.; 2-3-69 to 2-2-70. Blue Ridge Boulevard, Kansas City, Mo.; Harmon Food Center, foodstore; Lake Mills, Messer Drug Co., drugstore; 2 East Peoria, 2-14-69 to 2-13-70. Iowa; 2-13-69 to 2-12-70. Paola, Kans.; 2-28-69 to 2-27-70.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8323

Mlcka’s Market, Inc., foodstore; 199 Cole S & M Super Market, foodstore; 935 Broad Warren’s IGA Supermarket, foodstore; Hoad, Monroe, Mich.; 2-27-69 to 2-26-70. Street, Camden, S.C.; 2-27-69 to 2-26-70. Medford, Okla.; 2-18-69 to 2-17-70. Miller Drug Store, Inc., drugstore; 2309 St. Joseph Hospital of the Plains, hospital; Wehner’s IGA, foodstore; Sharon Springs, Como Avenue, St. Paul, Minn.; 2-5-69 to 602 West Sixth Street North, Cheyenne Wells, Kans.; 2-6-69 to 2-5-70. 2 -4 -7 0 . Colo.; 2-21-69 to 2-20-70. Welch’s Red & White, foodstore; Charles­ Millers Fairway, foodstore; Maple Plain, St. Louis Hospital, hospital; 324 School ton, S.C.; 2-11-69 to 1-31-70. Minn.; 2-10-69 to 2-9-70. Street, Berlin, NE.; 3-1-69 to 2-28-70. Weskota Manor, nursing home; Wessington Miller’s Supermarket, Inc., foodstore; 702 Samhat Brothers Food Mart, foodstore; Springs, S. Dak.; 2-24-69 to 2-23-70. South Main, Moab, Utah; 2-13-69 to 2-12-70. 27222 Grand River, Detroit, Mich.; 2-18-69 Westgate Pharmacy, drugstore; Norfolk, Minimax, foodstores from 3-1-69 to to 2-17-70. Nebr.; 2-19-69 to 2-18-70. 2-28-70 : 209 East Main Street, Edna, Tex.; Scallan’s Super Mart, foodstore; Marks- P. Wiest’s Sons, department store; 14-20 No. 1, Liberty, Tex.; 1137 East Ninth Street, ville, La.; 2-3-69 to 2-2-70. West Market Street, York, Pa.; 2-10-69 to Mission, TéX. Schulenberg’s Super Valu, Inc., foodstore; 2 -9 -7 0 . Moore’s Super Market, foodstore; 1326 Wells, Minn.; 2-3-69 to 2-2-70. W ineland’s IGA Foodliner, Inc., foodstore; Vultee Boulevard, Nashville, Tenn.; 3-1-69 Seikel’s Department Store, department 403 East Christiana Street, Martinsburg, Pa.; to 2-28-70. store; McLoud, Okla.; 2-12-69 to 2-11-70. 2-25-69 to 2-24-70. Morey’s Clothes Shop, apparel store; 620 Shadid’s Food Store, foodstore; 2918 North F. W. Wool worth Co., variety-department Fourth Street, Sioux City, Iowa; 2-2-69 to Pennsylvania, Oklahoma City, Okla.; 2-28- store; No. 43, Wilmington, Del.; 2-5-69 to 2 -1 -7 0 . 69 to 2-27-70. 2 -4 -7 0 . G. C. Murphy Co., variety-department Shaver’s Food Mart, foodstores from 3-1-69 Young’s Food Market, foodstore; 614 North stores from 2-13-69 to 2-12-70: No. 216, Mc- to 2-28-70 : 7266 , Omaha, Mechanic, El Campo, Tex.; 2-27-69 to Connellsburg, Pa.; No. 217, Mercersburg, Pa. Nebr.; 2615 South 90th Street, Omaha, Nebr.; 2 -2 6 -7 0 . J. J. Newberry Co., variety-department 4232 Redman Avenue, Omaha, Nebr. stores: No. 157, Keyport, N.J., 2-24-69 to Sherry Hardware, hardware store; 1716 The following certificates were issued 2-28-70; No. 27, Coatesville, Pa., 3-1-69 to West Fourth Street, Davenport, Iowa; 2-17- to establishments relying on the base- 2 -2 8 -7 0 . 69 to 2-16-70. year employment experience of other Newman Park Pharmacy, Inc., drugstore; Sholor Thrifty Foods, foodstore; First establishments, either because they came 401 East 103d, Chicago,' 111.; 2-26-69 to Avenue, Cairo, Ga.; 2-7-69 to 1-31-70. into existence after the beginning of the 2 -2 5 -7 0 . Shop Rite, Inc., foodstores from 2-28-69 to applicable base year or because they did Nicholas Drug Store, Inc., drugstore; 123 2-27-70: Lafayette Road, Fort Oglethorpe, not have available base-year records. The West Third Street, Grand Island, Nebr.; Ga.; Ringgold, Ga. certificates permit the employment of 2-28-69 to 2-27-70. Silvy’s Food Market, foodstore; 1202 West Bob Nolan’s Super Market, Inc., foodstore; Ponca, Ponca City, Okla.; 2-17-69 to 2-16-70. fulltime students at rates of not less than 1029 South Sixth Street, Paducah, Ky.; Singmon-Valentine Market, Inc., foodstore; 85 percent of the statutory minimum in 2-16-69 to 2-15-70. 511 East 135th, Kansas City, Mo.; 2-26-69 to the classes of occupations listed, and pro­ O’Brien’s Drugs, drugstore; 11856 South 2 -2 5 -7 0 . vide for the indicated monthly limita­ Western Avenue, Chicago, HI.; 2-26-69 to Snyder’s, department store; Winslow, Ind.; tions on the percentage of full-time 2 -2 5 -7 0 . 2-10-69 to 2-9-70. student hours of employment at rates Osborn Market, foodstore; Miller, S. Dak.; Spendthrift Farm, agriculture; I^exington, below the applicable statutory minimum 2-17-69 to 2-16-70. Ky.; 3-1-69 to 2-28-70. to total hours of employment of all Park ’N Shop Food Mart, Inc., foodstores: Spurgeon’s, department stores: East Side of 301 Robeson Street, Fayetteville, N.C., 3-1-69 Square, Canton, 111., 2-26-69 to 2-25-70; 413 employees. to 2-28-70; East Broad Street, St. Pauls, N.C., Chestnut Street, Atlantic, Iowa, 2-17-69 to A & R Food Store, Inc., foodstores for the 2-24-69 to 2-23-70. 2-16-70; 112-114 North Main Street, Charles occupations of stock clerk, produce clerk, Parkway Super Market, Inc., foodstore; 111 City, Iowa, 2-5-69 to 1-23-70; 117 East meat clerk, carryout, 19 to 25 percent, 2-15- Pfaff Street, St. Albans, W. Va.; 3-1-69 to Second Street, Muscatine, Iowa, 2-5-69 to 69 to 2-14-70: Brent, Ala.; Calera, Ala.; 2 -2 8 -7 0 . 1 - 3 1 -7 0 . Selma, Ala. Pence Food Center, Inc., foodstore; High­ Stephersons Big Star, foodstore; 4625 Pop­ Ashcraft Market, foodstore; 202 East Cedar way 59 North, Garnett, Kans.; 2-5-69 to lar, Memphis, Tenn.; 3—1-69 to 2-28-70. Street, Gladwin, Mich.; stock clerk, carryout; 2 -4 -7 0 . Sturm’s Youth World, apparel store; 535 15 to 27 percent; 2-7-69 to 2-6-70. Piggly Wiggly, foodstores from 2-28-69 to Main Street, Oak Ridge, Tenn.; 2-4-69 to Boogaart Super Market, foodstore; 516 2-27-70 except as otherwise Indicated: Dun­ 2 - 3 -7 0 . Fifth Street, Fairbury, Nebr.; carryout, clerk, lap Avenue, Guntersville, Ala. (2-24-69 to The Sumter Dry Goods Co., Inc., depart­ maintenance; 17 to 38 percent; 2-14-69 to 2-23-70); Heflin, Ala. (2-3-69 to 2-2-70); ment store; 1 South Main Street, Sumter, 2 -1 3 -7 0 . 111 South Pearl Street, Carthage, Miss.; 300 S.C.; 2-24-69 to 2-23-70. Carson Pirie Scott & Co., department store; Southeast Washington, Idabel, Okla.; 707 Super Drive Ins, foodstores from 2-19-69 3232 Lake Avenue, W ilmette, 111.; salesclerk; West Main Street, Clarksville, Tex.; 1322 to 2-18-70; No. 3, Clarksville, Tenn.; No. 1, stock clerk, wrapper; 2 to 6 percent; 3-1-69 North Main, Cleburne, Tex. (1-18-69 to Nashville, Tenn. to 2-28-70. 1- 17-70); Washington and Bonham, Com­ Sutton Super Market, foodstore; Williams­ Craft’s Drug Store, drugstores for the occu­ merce, Tex.; 1310 11th Street, Huntsville, burg, Ky.; 2-15-69 to 2-14-70. pation of salesclerk, 8 percent, 3-1-69 to 2- Tex.; New Boston, Tex. (2-27-69 to 2-26-70); T & E Tractor Co., farm implement store; 28-70: No. 10, Greer, S.C.; Nos. 6 and 9, Nos. 2, 3, 4, and 5, Waco, Tex.; Grundy, Va. Seguin, Tex.; 2-3-69 to 2-2-70. Spartanburg, S.C. (2-24-69 to 2-23-70). T. G. & Y. Stores Co., variety-department Crook’s Food Mart, foodstore; Senoia, Ga.; Powell’s Red and White, foodstore; St. stores: No. 223, Baton Rouge, La., 2-28-69 to stock clerk, checker, bagger, produce clerk, Stephen, S.C.; 2-10-69 to 1-31-70. 2-27-70; No. 150, Kansas City, 3-1-69 to janitorial; 26 to 31 percent; 2-14-69 to Powers Market, foodstore; 301 Hillsboro 2 -2 8 -7 0 . 2 -1 3 -7 0 . Highway, Manchester, Tenn.; 2-15-69 to DeBroeck’s Big Star Market, foodstore; 400 2 - 14-70. Taylor Drug Store, drugstore; G-5543 Rich­ field Road, Flint, Mich.; 2-28-69 to 2-27-70. Dix Road, Jefferson City, Mo.; cashier, clerk, Pratho’s, department store; Giddings, Tex.; carryout, wrapper, maintenance, meat cutter; 3- 1-69 to 2-28-70. Tom Thumb Stores, Inc., foodstores from 2-24-69 to 2-23-70: No. 58, Cleburne, Tex.; 11 to 32 percent; 3-1-69 to 2-28-70. Preston Poultry and Feed, agriculture; Dillon Cos., Inc., foodstores for the occu­ Reedsville, W. Va.; 3-1-69 to 2-28-70. Nos. 1, 2, 3, 4, 5, 7, 11, 12, 15, 17, 18, 21, and 22, Dallas, Tex.; No. 57, Gainesville, Tex. pations of cashier, checker, carryout, clerk, Pruett’s Food Town, Inc., foodstores from E. W. Thomson Drug Co., Inc., drugstore;wrapper, maintenance, 11 to 32 percent ex­ 2-24-69 to 2-23-70: 2108 East Third Street, 119 W est South First Street, Delhi, La.; 2-12- cept as otherwise indicated, 2-24-69 to 2-23- Chattanooga, Tenn.; Daisy, Tenn. 70: No. 101, Fayetteville, Ark.; No. 103, Ozark, Raymond’s Clothes Shop, apparel store; 69 to 2-11-70. Tomlinson Stores, Inc., department store; Ark.; No. 102, Paris, Ark.; No. 104, Prairie 614 Fourth Street, Sioux City, Iowa; 2-2-69 Grove, Ark.; No. 49, Lawrence, Kans. (8 to to 2 -1 -7 0 . 155 North Dargan Street, Florence, S.C.; 2-27-69 to 2-26-70. 28 percent); No. 76, Manhattan, Kans. (8 to Richardsons Super Food Market, foodstore; 28 percent); No. 78, Topeka, Kans. (8 to 28 Tull Drug Co., drugstore; 6 West Ohio Estes Park, Colo.; 2-12-69 to 2-11-70. percent); No. 75, Valley Center, Kans.; Nos. Street, Btrtler, Mo.; 2-19-69 to 2-18-70. Rickaby IGA Market, foodstore; Stephen­ 35 and 72, Wichita, Kans. (9 to 17 percent); son, Mich.; 2-18-69 to 2-17-70. Union Grocery Co., Inc., foodstore; Gary, No. 77, Wichita, Kans. (11 to 30 percent). Rite-Way Foodliners, Inc., foodstore; 315 W. Va.; 2-13-69 to 2-12-70. Dutch’s Shopping Mart, foodstore; No. 2, East Eufaula Street, Norman, Okla.; 3-1-69 Variety Foods, foodstore; 44th and South Ada, Okla.; stock clerk, package clerk, clean­ to 2-28-70. Walker, Oklahoma City, Okla.; 2-27-69 to up; 11 to 22 percent; 2-26-69 to 2-25-70. Rollings Jewelry Co., jewelry store; 623 2 -2 6 -7 0 . Erdman Supermarket, Inc., foodstores for Main Street, Hattiesburg, Miss.; 2-11-69 to Victoria Pharmacy, drugstore; Victoria, the occupations of checker, stock clerk, car­ 2 -1 0 -7 0 . Tex.; 2-14-69 to 2-13-70. ryout, cleanup, 10 percent except as otherwise

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8324 NOTICES indicated, 2-21-69 to 2-29-70 except as other­ LeCari Market, foodstore; 2800 Hilton, Rose’s Stores, Inc., variety-department wise indicated; 19 Second Avenue NW., Kas- Femdale, Mich.; carryout, cleanup; 8 to 18 stores from 11 to 27 percent: No. 95, Forest son, Minn. (5 to 8 percent); 404 Fourth Street percent; 2-21-69 to 2-20-70. * City, N.C., salesclerk, 2-5—69 t # 1—3<1—170; No. SE„ Rochester, Minn. (2-24-69 to 2-23-70); Lineville IGA Food Store, foodstore; Line- 117, Kinston, N.C., salesclerk, checker, 2-15- 1402 North Broadway, Rochester, Minn. (2— ville, Ala.; stock clerk, bagger, checker, 69 to 2-14-70. 24-69 to 2-23-70); 1652 Highway 52 North, wrapper, janitorial; 17 to 32 percent; 2-7-69 Scott Poods Inc., foodstore; Oneida, Tenn.; Rochester, Minn. t o 2 -6 -7 0 . bagger, meat clerk, produce clerk, stock clerk; Giant Food Market, foodstores for the Little Store, foodstore; West Sullivan 19 to 26 percent; 3-1-69 to 2-28-70. occupations of stock clerk, cashier, carryout, Street, Kingsport, Tenn.; carryout, cashier, Shaver’s Food Mart, foodstores for the oc­ 20 to 22 percent, 3-1-69 to 2-28-70: No. 12, stock clerk; 20 to 22 percent; 3-1-69 to cupation of carryout, 10 to 27 percent, 3-1-69 Greenville, Tenn.; No. 10, Johnson City, 2 -2 8 -7 0 . to 2-28-70: 169 Bennett Avenue, Council Tenn.; No. 9, Kingsport, Tenn.; No. 11, McCrory-McLellan-Green Stores, variety- Bluffs, Iowa; 133 West Broadway, Council Morristown, Tenn. department stores for the occupations of Bluffs, Iowa; 3813 South 27th Street, Lincoln, W. T. Grant Go., variety stores for the oc­ sales clerk, stock clerk, office clerk except as Nebr.; 101 South Poplar, Millard, Nebr.; 139 cupation of salesclerk except as otherwise otherwise indicated: No. 338, Fort Lauder­ South 40th Street, Omaha, Nebr.; 1937 South indicated, 3-1-69 to 2-28-70 except as other­ dale, Fla., 13 to 27 percent, 2-5-69 to 1-31-70; 42d Street, Omaha, Nebr.; 5739 North 60th wise indicated: No. 667, Decatur, 111., 2 to 13 No. 258, St. Petersburg, Fla., 4 to 15 percent, Street, Omaha, Nebr.; 1420 South 60th Street, percent (salesclerk, stock clerk, cashier, 2-8- 2-11-69 to 2-10-70 (salesclerk, office clerk, Omaha, Nebr.; 8005 Blondo Street, Omaha, 69 to 2-7-70); No. 1243, Houlton, Maine, 0 stock clerk, porter); No. 269, Munster, Ind., Nebr.; 7820 , Omaha, Nebr.; 4110 to 10 percent (2-10-69 to 2—9—70); No. 1018, 7 to 16 percent, 3-1-69 to 2—28—70; No. 264, Grover Street, Omaha, Nebr.; 4001 Harrison Fargo, N. Dak., 3 to 16 percent (salesclerk, Augusta, Maine, 19 to 36 percent, 2—15-69 Street, Omaha, Nebr.; 7803 , stock clerk, cleanup, checker, 2-19-69 to to 2-14-70; No. 398, Feasterville, Pa., 11 to Omaha, Nehr.; 7591 Main Street, Ralston, 11- 7- 69 ), Replacement; No. 63, Hazelton, Pa., 26 percent, 3-1-69 to 2-28-70; No. 284, Ste- N ebr. 9 to 44 percent (salesclerk, cashier, office phenville, Tex., 18 to 39 percent, 2-11-69 to Shop Rite, Inc., foodstores for the occupa­ clerk, stock clerk); No. 90, Pottsville, Pa., 8 2-10-70 (salesclerk, stock clerk). tions of stock clerk, bagger, 10 percent, 2-28- to 19 percent. Minimax, foodstore; Highway 124, Winnie, 69 to 2-27-70 except as otherwise indicated: Handy Andy, Inc., foodstores for the occu­ Tex.; sacker, carryout, stock clerk; 11 to 16 Chatsworth, Ga.; West Vallanow Street, pations of stock clerk, product clerk, bottle percent; 3-1-69 to 2-28-70. La Fayette, Ga.; South Commerce Street, sorter, bakery salesclerk, office cashier, check­ Minyard Food Stores, Inc., foodstores for Summerville, Ga. (3-1-69 to 2-28-70). er, packager, porter, dairy stock clerk, 27 the occupation of package clerk, 11 to 16 per­ Spurgeon’s, department store; 816 Fifth percent except as otherwise indicated, 2-14- cent except as otherwise indicated, 2-20-69 to . Avenue, Antigo, Wis.; salesclerk, stock clerk, 69 to 2-13-70: Nos. 33 and 134, Austin, Tex.; 2- 19-70: Nos. 12 and 20, Arlington, Tex.; Nos. janitorial, marker, receiving clerk; 8 to 15 No. 44, Corpus Christi, Tex.; Nos. 3, 24, 26, 1, 2, 4, 6, 8, 10, 11, 14, 15, 18, and 19, Dallas, percent; 2-26-69 to 2-25—70. and 27, San Antonio, Tex.; No. 25, San An­ Tex.; Nos. 22 and 23, Dallas, Tex. (11 to 19 Sterling Stores Co., Inc., variety store; tonio, Tex. (31 percent). percent); Nos. 3 and 17, Irving, Tex.;: No. 9, Albert Pike Shopping Center, Hot Springs, Hunts Store, foodstores for the occupations Lancaster, Tex.; No. 16, Lewisville, Tex.; No. Ark.; salesclerk, stock clerk, cleanup; 6 to of stock clerk, packager, 11 to 14 percent, 7, Mesquite, Tex. 22 percent; 2—6—69 to 2-5—70. 2-24-69 to 2-23-70: Nos. 408, 409, and 432, Moore’s Super Market, foodstores for the Style Shop of Elkhart, Inc., apparel store; Dallas, Tex. occupations of stock clerk, sacker, 8 percent, 420 South Main Street, Elkhart, Ind.; office Huntsville Grocery Co., Inc., foodstore; 3- 1-69 to 2-28-70; Hermitage Hill, Hermitage, clerk, stock clerk, marker, fitting-room 1310 Avenue L, Huntsville, Tex.; stock clerk, Temi.; 157 Lafayette Street, Nashville, Tenn. checker; 8 to 9 percent; 2-3-69 to 2-2-70. checker, sacker, clerk; 10 percent; 2-28-69 Morgan & Lindsey, Inc., variety-depart­ T. G. & Y. Stores Co., variety-department to 2-27-70. ment stores for the occupations of sales­ stores for the occupations of salesclerk, stock Kay Baum, Inc., apparel stores for the oc­ clerk, stock clerk, office clerk, 2-5-69 to 2-4- clerk, office clerk: No. 1601, Prichard, Ala., 15 cupation of stock clerk, 4 to 21 percent, 2— 70: No. 3079, Abbeville, La., 4 to 22 percent; to 30 percent, 2-28—69 to 2—27—70; No. 1200, 19-69 to 2-18-70: Liberty at Thompson, Ann No. 3075, Silsbee, Tex., 10 to 27 percent. Little Rock, Ark., 11 to 30 percent, 2-28-69 Arbor, Mich.; 16822 Kercheval, Detroit, Newman Pharmacy, Inc., drugstore; 14201 to 2-27-70; No. 1800, Denver, Colo., 19 to 30 M ich.; 155jO Woodward Avenue, Detroit, Chicago Road, Dolton, 111.; stock clerk, clerk, percent, 2—15—69 to 2—14—70; No. 316, Baton M ich. cashier, delivery clerk, records clerk; 19 to 25 Rouge, La., 6 to 22 percent, 2-28-69 to 2-27- Kelloff’s Food Market, Inc., foodstore; An- percent; 2—26—69 to 2—25—70. 70; No. 827, Clovis, N. Mex., 13 to 24 percent, tonito, Colo.; stock clerk, carryout; 4 to 28 Newman’s, apparel store; 4027 Franklin 2-13-69 to 2-12-70; No. 10, Ada, Okla., 20 to percent; 2-20-69 to 2—19—70. Street, M ichigan City, Ind.; office clerk, stock 30 percent, 2-28-69 to 2-27-70; No. 1000, Mi­ S. S. Kresge Co., variety-department clerk, marker, fitting-room checker; 8 to. 9 ami, Okla., 20 to 30 percent, 2-15-69 to 2-14- stores for the occupations of salesclerk, percent; 2—3—69 to 2-2-70. 70; No. 448, Tulsa, Okla., 24 to 30 percent, stock clerk, checker-cashier, maintenance ex­ Piggly Wiggly, foodstores for the occupa­ 2-5-69 to 2-4-70; Nos. 471, 472, and 473, cept as otherwise indicated: No. 4039, South tions of checker, stock clerk, sacker, clerk Tulsa, Okla., 24 to 30 percent, 2-8-69 to 2-7- Bend, Ind., 10 percent, 2-7-69 to 2-6-70 except as otherwise indicated, 10 percent 70; Nos. 813 and 821, Houston, Tex., 30 per-' (salesclerk, stock clerk, checker-cashier, office except as otherwise indicated, 2-28-69 to 2- cent, 3-1-69 to 2-28-70; No. 739, Kilgore, clerk); No. 4020, Detroit, Mich., 10 percent, 27-70 except as otherwise indicated: No. 21, Tex., 30 percent, 3-1-69 to 2-28-70; No. 762, 2-27—69 to 2-26-70; No. 246, Grand Rapids, Texarkana, Ark.; Town and Country Shop­ Marshall, Tex., 30 percent, 3-1-69 to 2-28-70. Mich., 2 to 11 percent, 2-28-69 to 2-27-70; ping Center, Pikeville, Ky. (sacker, carryout, Tom Thumb Stores, Inc., foodstores for No. 4038, Saginaw, Mich., 10 percent, 2-6-69 stock clerk, 20 to 32 percent, 2-24-69 to 2-23- the occupation Of package clerk, 9 to 13 per­ to 2-5i-70; No. 4022, Grand Forks, N. Dak., 70); No. 45, Hampton, S.C. (sacker, checker, cent, 2-24-69 to 2-23-70: Nos. 8, 10, 23, 27, 6 to 14 percent, 2-11-69 to 9-2-69 (salesclerk, market clerk, 2-11-69 to 8-11-69); Highway 6 28, 30, 32, 33, 34, and 35, Dallas, Tex.; No. 9, stock clerk, checker-cashier, office clerk); and Rosemary, Bryan, Tex.; 407 South Main, Farmers Branch, Tex.; Nos. 25 and 29, Gar­ No. 4153, Cincinnati, Ohio, 7 to 22 percent, Henderson, Tex.; 532 Commerce Street, Jack­ land, Tex.; No. 24, Grand Prairie, Tex.; No. 2-3-69 to 2-2-70 (salesclerk, stock clerk, sonville, Tex.; No. 10, Rockdale, Tex.; No. 11, 26, Richardson, Tex. checker-cashier, maintenance, office clerk); Temple, Tex.; No. 19, Texarkana, Tex.; Nos. Tomlinson Stores, Inc., department store; No. 4175, Canton, Ohio, 6 to 17 percent, 2-24- 6, 8, and 9, Waco, Tex.; Williamson, W. Va. West Main Street, Dillon, S.C.; salesclerk, 69 to 2-23-70; No. 721, Anderson, S.C., 11 to (sacker, carryout, stock clerk, 20 to 32 per­ stock clerk, porter; 6 to 20 percent; 2-13-69 22 percent, 2-2-69 to 2-1-70 (salesclerk); No. cent, 2-24-69 to 2-23-70). to 2-12-70. 4246, Chattanooga, Tenn., 2 to 17 percent, Pikes Peak Drumstick, Inc., restaurant; W ood ’s 5 & 104 Stores, variety store; West 2-20-69 to 2-19-70 (salesclerk, office clerk, 1104 South Circle Drive, Colorado Springs, Hudson Street, Fayetteville, N.C.; salesclerk, checker-cashier, stock clerk, maintenance); Colo.; waiter (waitress), busboy (girl), coun­ stock clerk; 9 to 20 percent; 2-3-69 to 2-2-70. No. 4161, Dallas, Tex., 7 to 27 percent, 2-4-69 ter helper, kitchen helper, host (hostess), F. W. Woolworth Co., variety-department to 2-3-70 (salesclerk); No. 553, Hampton, Va., takeout clerk; 38 to 63 percent; 2-25-69 to stores for the occupations of salesclerk, stock 0 to 32 percent, 2-3-69 to 2-2-70 (salesclerk, 2 -2 4 -7 0 . clerk, cleanup except as otherwise indicated, stock clerk, office clerk, checker-cashier, Pruett’s Food Town, Inc., foodstores for 5 to 15 percent except as otherwise indicated, maintenance); No. 4084, Lynchburg, Va., 3 the occupation of sacker, 10 percent, 2-24—69 2-16—69 to 2-15-70 except as otherwise indi­ to 10 percent, 2-10-69 to 2-9-70 (salesclerk). to 2-23-70 except as otherwise indicated: No. cated: No. 2418, Aurora, Colo.; No. 2176, Den­ Kuhn Brothers Co., Inc., variety-depart­ 4, Dayton, Tenn.; 5738 Ringgold Road, East ver, Colo.; No. 599, Virginia, Minn, (sales­ ment store; No. 54, Kingsport, Tenn.; sales­ Ridge; Tenn.; 4852 Hixson Pike, Hixson, Tenn. clerk, cleanup, stock clerk, checker, 3 to 12 clerk, stock clerk, office clerk; 4 to 15 per­ (2-26-69 to 2-25-70). percent, 2—19—69 to 2—18—70). cent; 2-18-69 to 2-17-70. Raylass Department Store, variety-depart­ Land of Oz Grocery, foodstore; 126 East ment store; 3621 Dayton Boulevard, Chatta­ Each certificate has been issued upon Main Street, Yukon, Okla.; sacker, carryout, nooga, Tenn.; cleanup, salesclerk, stock clerks ' the representations of the employer stock clerk, checker; 15 percent; 2-14-69 to office clerk, marker; 13 to 34 percent; 2-12-69 2 -1 3 -7 0 . to 2-11-70. which, among other things, were that

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8325 employment of full-time students at spe­ one copy of the protest shall be filed Kentucky, West Virginia, that part of cial minimum rates is necessary to pre­ with the Commission, and a copy shall Michigan on and south of Michigan vent curtailment of opportunities for em­ be served concurrently upon applicant’s Highway 55, and that part of Pennsyl­ ployment, and the hiring of full-time representative, or applicant if no repre­ vania on and west of U.S. Highway 219. students at special minimum rates will sentative is named. If the protest in­ Note: Applicant states that it does not not create a substantial probability of cludes a request for oral hearing, such intend to tack, and is apparently willing reducing the full-time employment op­ requests shall meet the requirements of to accept a restriction against tacking if portunities of persons other than those § 1.247 (d) (4) of the special rules, and warranted. If a hearing is deemed neces­ employed under a certificate. The certifi­ shall include the certification required sary, applicant requests it be held at cates may be annulled or withdrawn, as therein. Columbus, Ohio. indicated therein, in the manner pro­ Section 1.247(f) of the Commission’s No. MC 2202 (Sub-No. 370), filed May 8, vided in Part 528 of Title 29 of the Code rules of practice further provides that 1969. Applicant: ROADWAY EXPRESS, of Federal Regulations. Any person ag­ each applicant shall, if protests to its INC., 1077 Gorge Boulevard, Post Office grieved by the issuance of any of these application have been filed, and within Box 471, Akron, Ohio 44309. Applicant’s certificates may seek a review or recon­ 60 days of the date of this publication, representatives: Douglas Faris, Post Of­ sideration thereof within 30 days after notify the Commission in writing (1) fice Box 471, Akron, Ohio 44309, and Wil­ publication of this notice in the F ederal . that it is ready to proceed and prosecute liam O. Turney, 2001 Massachusetts Ave­ Register pursuant to the provisions of the application, or (2) that it wishes to nue NW., Washington, D.C. 20036. 29 CFR 519.9. withdraw the application, failure hi Authority sought to operate as a common Signed at Washington, D.C., this 20th which the application will be dismissed carrier, by motor vehicle, over regular day of May 1969. by the Commission. routes, transporting: General commod­ Further processing steps (whether ities (except those of unusual value, R obert G. Gronewald, classes A and B explosives, livestock, Authorized Representative modified procedure, oral hearing, or of the Administrator. other procedures) will be determined household goods as defined by the Com­ generally in accordance with the Com­ mission, commodities in bulk, and those [Fit. Doc. 69-6360; Filed, May 28, 1969; mission’s General Policy Statement Con­ requiring special equipment); (1) be­ 8 :4 6 a .m .] cerning Motor Carrier Licensing Pro­ tween Amity Hall, Pa., and Buffalo, N.Y., cedures, published in the F ederal R egis­ from Amity Hall over U.S. Highway 15 ter issue of May 3,1966. This assignment to Wayland, N.Y., thence over New York will be by Commission order which will Highway 63 to junction U.S. Highway ,20 INTERSTATE COMMERCE be served on each party of record. near Bethany, N.Y., thence over U.S. The publications hereinafter set forth Highway 20 to Buffalo, and return over COMMISSION reflect the scope of the applications as the same route as an alternate route in [Notice 1298] filed by applicants, and may include connection with applicant’s regular route MOTOR CARRIER, BROKER, WATER descriptions, restrictions, or limitations authority, serving no intermediate points which are not in a form acceptable to and serving Amity Hall for joinder pur­ CARRIER, A N D FREIGHT FOR­ the Commission. Authority which ulti­ poses only; and (2) between Amity Hall, WARDER APPLICATIONS mately may be granted as a result of the Pa., and Rochester, N.Y., over U.S. High­ May 23, 1969. applications here noticed will not neces­ way 15 (also U.S. Highway 15A), as an The following applications are gov­ sarily reflect the phraseology set forth alternate route in connection with appli­ erned by Special Rule 1.2471 of the Com­ in the application as filed, but also will cant’s authorized regular-route opera­ eliminate any restrictions which are not tions, serving no intermediate points and mission’s general rules of practice (49 serving Amity Hall for joinder purposes CFR, as amended), published in the F ed­ acceptable to the Commission. oilly. Note : If a hearing is deemed neces­ eral R egister issue of April 20, 1966, ef­ No. MC 852 (Sub-No. 4), filed April 18, fective May 20,1966. These rules provide, 1969. Applicant: NORTH SHORE sary, applicant requests it be held at among other things, that a protest to the FREIGHT LINES, INC., 202 South 26th Washington, D.C. granting of an application must be filed Avenue West, Duluth, Minn. 55806. Ap­ No. MC 2202 (Sub-No. 371), filed with the Commission within 30 days plicant’s representative: A. A. Uzzolo May 12, 1969. Applicant: ROADWAY after date of notice of filing of the appli­ (same address as applicant). Authority EXPRESS, INC., 1077 Gorge Boulevard, sought to operate as a common carrier, Post Office Box 471, Akron, Ohio 44309. cation is published in the F ederal R eg­ Applicant’s representatives: William O. ister. Failure seasonably to file a protest by motor vehicle, over regular routes, will be construed as a waiver of opposi­ transporting: General commodities, (1) Turney, 2001 Massachusetts Avenue tion and participation in the proceeding. between Duluth, Minn., and Grand Por­ NW., Washington, D.C. 20036, and A protest under these rules should com­ tage, Minn., over U.S. Highway 61, serving Douglas Faris (same address as appli­ ply with § 1.247(d) (3) of the rules of all intermediate points; and (2) between cant). Authority sought to operate as a Grand Marais, Minn., and the end of the common carrier, by motor vehicle, over Practice which requires that it set forth regular routes, transporting: General specifically the grounds upon which it is Gunflint Trail, at or near Sea Gull Lake, Minn., over the Gunflint Trail (County commodities (except those of unusual made, contain a detailed statement of value, classes A and B explosives, live­ Protestant’s interest in the proceeding Highway 12), serving all intermediate stock, household goods as defined by the (including a copy of the specific portions points and off-route points within 10 Commission, commodities in bulk, and of its authority which protestant believes miles of the Gunflint Trail, in seasonal those requiring special equipment), be­ to be in conflict with that, sought in the operations extending from April through tween Richmond, Va., and the junction application, and describing in detail the November of each year. Note ; If a hear­ Interstate Highway 81 and Virginia method—whether by joinder, interline, ing is deemed necessary, applicant re­ Highway 311 near Roanoke, Va.: From or other means—by which protestant quests it be held at Duluth, Minn., or Richmond over U.S. Highway 60 to junc­ would use such authority to provide all Grand Marais, Minn. tion Virginia Highway 24, thence over or part of the service proposed), and No. MC 1222 (Sub-No. 34), filed Virginia Highway 24 to junction U.S. shall specify with particularity the facts, May 14, 1969. Applicant: THE REIN­ Highway 460, thence over U.S. Highway matters, and things relied upon, but shall HARDT TRANSFER COMPANY, a cor­ 460 to Lynchburg, Va., thence over Vir­ Pot include issues or allegations phrased poration, 1410 10th Street, Portsmouth, ginia Highway 297 to Bedford, Va., generally. Protests not in reasonable Ohio 45662. Applicant’s representative: thence over U.S. Highway 460 to Roa­ compliance with the requirements of the Robert H. Kinker, 711 McClure Building, noke, Va., thence over Virginia Highway rules may be rejected. The original and Frankfort, Ky. 40601. Authority sought 311 to Interstate Highway 81 and return to operate as a common carrier, by motor over the same route as an alternate route 1 Copies of Special Buie 1.247 (as amended) vehicle, over irregular routes, transport­ serving no intermediate points and serv­ can be obtained by writing to the Secretary, ing : Ceramic foam, from Ironton, Ports­ ing the junction of Virginia Highway 311 interstate Commerce Commission, Washing­ mouth, and Hamilton Township, Law­ ton, D.C. 20423. and Interstate Highway 81 for joinder rence County, Ohio, to points in Indiana, purposes only. Note: If a hearing is

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 N o. 103- 8326 NOTICES deemed necessary, applicant requests it sives, household goods as defined by the and is apparently willing to accept a re­ be held at Washington, D.C. Commission, commodities in bulk, com­ striction against tacking, if warranted. No. MC 2392 (Sub-No. 74), filed modities requiring special equipment, If a hearing is deemed necessary, appli­ May 5, 1969. Applicant: WHEELER and those injurious or contaminating to cant requests it be held at Los Angeles, TRANSPORT SERVICE, INC., Post Of­ other lading), between junction Indiana Calif., or Phoenix, Ariz. fice Box 14248, West Omaha Station, Highways 64 and 162 and Jasper, Ind.: No. MC 10173 (Sub-No. 10), filed Omaha, Nebr. 68114. Applicant’s repre­ From junction Indiana Highways 64 and May 12, 1969. Applicant: MARVIN sentative: Donald L. Stern, 630 National 162 over Indiana Highway 162 to Jasper, HAYES LINES, INC., Hayes Circle, Bank Building, Omaha, Nebr. 68101. Au­ Ind., and return over the same route, Guthrie Highway, Post Office Box 468, thority sought to operate as a common serving the termini in connection with Clarksville, Tenn. 37040. Applicant’s carrier, by motor vehicle, over irregular carrier’s authorized regular-route oper­ representative: Charles H. Hudson, Jr., routes, transporting: Furfuryl alcohol, ations, for the purposes of joinder only, 833 Stahlman Building, Nashville, Tenn. from Omaha, Nebr., to points in Illinois. as an alternate route for operating con­ 37201. Authority sought to operate as a N o t e : Applicant states i t does not in­ venience only. N o t e : If a hearing is common carrier, by motor vehicle, over tend to tack, and is apparently willing deemed necessary, applicant requests it regular routes, transporting: General to accept a restriction against tacking, be held at Indianapolis, Ind., or Louis­ commodities (except those of unusual if warranted. If a hearing is deemed ville. Ky. value, classes A and B explosives, house­ necessary, applicant requests i t be held No. MC 3252 (Sub-No. 58), filed hold goods as defined by the Commis­ at Omaha, Nebr. May 1, 1969. Applicant: PAUL E. MER­ sion, commodities in bul^, and those No. MC 2607 (Sub-No. 12), filed RILL, doing business as MERRILL which because of size or weight require May 1, 1969. Applicant: L. F. BERRY, TRANSPORT CO., 1037 Forest Avenue, the use of special equipment), between doing business as BERRY VAN LINES, Portland, Maine 04104. Applicant’s rep­ Clarksville, Tenn., and Louisville, Ky., 312 North Aurora Street, Easton, Md. resentative: Francis E. Barrett, Jr., In­ from Clarksville over U.S. Highway 79 21601. Applicant’s representative: Harry vestors Building, 536 Granite Street, to Russellville, Ky., thence over U.S. C. Ames, Jr., McLachlen Bank Building, Braintree, Mass. 02184. Authority sought Highway 68 to Bowling Green, Ky., Suite 705, Washington, D.C. 20001. Au­ to operate as a common carrier, by motor thence over U.S. Highway 31W to Louis­ thority sought to operate as a common vehicle, over irregular routes, transport­ ville, and return over the same route, carrier, by motor vehicle, over irregular ing: Petroleum products in bulk, in tank serving no intermediate points. N o t e : routes, transporting: Household goods, vehicles, from Plattsburgh, N.Y., to points Applicant will tack, at Clarksville, Tenn., as defined by the Commission; (1) be­ in Vermont. N o t e : Applicant states it with its presently held authority under tween points in Delaware; (2) between does not intend to tack, and is apparently MC 10173. Applicant also states that no Dover, Del., on the one hand, and, on willing to accept a restriction against duplicating authority is being sought. the other, points in Accomack and tacking, if warranted. If a hearing is The purpose of this application is to re­ Northampton Counties, Va.; (3) between deemed necessary, applicant requests it move the restriction contained in appli­ points in Caroline, Cecil, Dorchester, be held at Albany, N.Y., or Montpelier, cant’s certificate in Docket No. MC 10173 Kent, Queen Annes, Somerset, Talbot, Vt. Sub 6. If a hearing is deemed necessary, Wicomico, and Worcester Counties, Md. No. MC 7228 (Sub-No. 34), filed applicant requests it be held at Nashville, N o t e : Applicant states it does not in­ May 8, 1969. Applicant: HOME TRANS­ Tenn. tend to tack and apparently is willing to FER & STORAGE CO., a corporation, No. MC 11207 (Sub-No. 284), filed accept a restriction against tacking, if 1960 Southeast 10th Avenue, Portland, May 6, 1969. Applicant: DEATON, INC., warranted. If a hearing is deemed nec­ Oreg. 97214. Applicant’s representative: 317 Avenue W, Post Office Box 1271, essary, applicant requests it be held at Nick I. Goyak, 1408 Standard Plaza, Birmingham, Ala. 35201. Applicant’s Washington, D.C. Portland, Oreg. 97204. Authority sought representative: A. Alvis Layne, Pennsyl­ No. MC 2860 (Sub-No. 55), filed May 9, to operate as a common carrier, by motor vania Building, Washington, D.C. 20004. 1969. Applicant: NATIONAL FREIGHT, vehicle, over irregular routes, transport­ Authority sought to operate as a common INC., 57 West Park Avenue, Vineland, ing: Frozen foods, from points in Cali­ carrier, by motor vehicle, over irregular N.J. 08360. Applicant’s representative: fornia to points in Oregon and Washing­ routes, transporting: Cement asbestos Alvin Altman, 1776 Broadway, New York, ton. N o t e : Applicant states that it products, conduits and pipe and fittings N.Y. 10019. Authority sought to operate presently has authority to transport and accessories necessary to the installa­ as a common carrier, by motor vehicle, frozen fruit, frozen berries, and frozen tion thereof ; plastic pipe, fittings, and over irregular routes, transporting: Such vegetables from points in Santa Clara accessories necessary to the installation merchandise as is dealt in by wholesale, and Santa Cruz Counties, Calif., to points thereof ; in straight or mixed shipments, retail, and chain grocery and food busi­ in Washington under certificate MC 7228 from Van Bureii, Ark., to points in ness houses, afid, in connection there­ Sub 23, and that if authority applied for Alabama, Florida, Georgia, Kentucky, with, equipment, materials, and supplies herein is granted, it will submit its Sub Louisiana, Mississippi, North Carolina. 23 for reissue revoking duplicate portion used in the manufacture, production, dis­ South Carolina, and Tennessee. N o t e : tribution, and sale of such commodities, of authority. Common control may be Applicant states it does not intend to restricted against the transportation of involved. Applicant states it does not tack, and is apparently willing to accept commodities in bulk, between Lawnside, intend to tack, and is apparently willing a restriction against tacking, if war­ Pennsville, and Vineland, N.J., on the to accept a restriction against tacking, ranted. If a hearing is deemed necessary, one hand, and, on the other, points in if warranted. If a hearing is deemed applicant requests it be held at Wash­ Florida, Georgia, and South Carolina. necessary, applicant requests it be held ington, D.C., or Dallas, Tex. N o t e : Applicant states it would tack to at Portland, Oreg., or Seattle, Wash. No. MC 11207 (Sub-No. 285), filed and from points in the northeastern No. MC 8948 (Sub-No. 85), filed May 13,1969. Applicant: DEATON, INC., United States. If a hearing is deemed May 2, 1969. Applicant: WESTERN GIL­ 317 Avenue W, Post Office Box 1271, necessary, applicant requests it be held LETTE, INC., 2550 East 28th Street, Los Birmingham, Ala. 35201. Applicant’s at New York, N.Y., Philadelphia, Pa., or Angeles, Calif. 90058. Applicant’s repre­ representative: A. Alvis Layne, Pennsyl­ Washington, D.C. sentative: R. Y. Schureman, 1545 Wil- vania Building, Washington, D.C. 20004. No. MC 2962 (Sub-No. 39), filed May 8, shire Boulevard, Los Angeles, Calif. Authority sought to operate as a common 1969. Applicant: A. & H. TRUCK LINE, 90017. Authority sought to operate as a carrier, by motor vehicle, over irregular INC., 1111 East Louisiana Street, Evans­ common carrier, by motor vehicle, over routes, transporting: Paper and paper ville, Ind. 47717. Applicant’s representa­ irregular routes, transporting: Petroleum products, from the plantsite of U.S. Ply­ tive: James T. Chandler (same address and petroleum products, in bulk, in tank wood-Champion Paper, Inc., near Court- as applicant). Authority sought to op­ vehicles, from Phoenix and Tucson, Ariz., land, Ala., to points in Florida, Georgia, erate as a common carrier, by motor ve­ to points in Imperial, Los Angeles, Kentucky, Louisiana, Mississippi, Ten­ hicle, over regular routes, transporting: Orange, Riverside, San Bernardino, and nessee, and Virginia. N o t e : Applicant General commodities (except those of San Diego Counties, Calif. N o t e : Appli­ states it does not intend to tack, and is unusual value, classes A and B explo­ cant states it does not intend to tack, apparently willing to accept a restriction

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8327 against tacking, if warranted. If a hear­ plicant requests it be held at Syracuse or garden tractors, and accessories, at­ ing is deemed necessary, applicant re­ or Albany, N.Y. tachments, and parts for snowmobiles, quests it be held at Atlanta, Ga., or No. MC 22195 (Sub-No. 137), filed snow blowers, lawnmowers, and yard or Washington, D.C. May 5, 1969. Applicant: DAN DUGAN garden tractors, from the plantsite and No. MC 14552 (Sub-No. 30), hied TRANSPORT COMPANY, a corporation, warehouse facilities of Wheel Horse April 17*. 1969. Applicant: J. V. Mc- 41st and Grange Avenue, Post Office Box Products, Inc., at or near Des Moines, NICHOLAS TRANSFER COMPANY, a 946, Sioux Falls, S. Dak. 57101. Appli­ Iowa, to points in the United States (ex­ corporation, 555 West Federal Street, cant’s representative: J. P. Everist (same cept Alaska and Hawaii). N o t e : Appli­ Youngstown, Ohio 44501. Applicant’s address as applicant). Authority sought cant states it does not intend to tack, and representative: James W. Muldoon, 88 to operate as a common carrier, by motor is apparently willing to accept a restric­ East Broad Street, Columbus, Ohio 43215. vehicle, over irregular routes, transport­ tion against tacking, if warranted. If a Authority sought to operate as a common ing: Anhydrous ammonia, in bulk; (1) hearing is deemed necessary, applicant carrier, by motor vehicle, over irregular from the storage facilities of Gulf Cen­ requests it be held at Des Moines, Iowa. routes, transporting: Frozen foodstuffs, tral Pipeline Co. located at or near Mar­ No. MC 25798 (Sub-No. 188), filed between Cleveland, Ohio, on the one shalltown, Iowa, to points in Illinois, May 11, 1969. Applicant: CLAY HYDER hand, and, on the other, points in Penn­ Iowa, Missouri, Minnesota, and Wiscon­ TRUCKING LINES, INC., 502 East sylvania on and west of U.S. Highway sin; and (2) from the storage facilities Bridgers Avenue, Post Office Box 1186, 15. N o t e : Applicant states it could tack of Central Farmers Fertilizer Co. located Auburndale, Fla. 33823. Applicant’s rep­ at Cleveland, Ohio, with its presently at or near Spencer, Iowa, to points in resentative: Tony G. Russell (same ad­ held authority in MC 14552, and under Iowa, Minnesota, North Dakota, Nebras­ dress as applicant). Authority sought to a combination of regular and irregular ka, South Dakota, and Wisconsin. N o t e : operate as a common carrier, by motor route authority it could serve northeast­ Applicant states it does not intend to vehicle, over irregular routes, transport­ ern Ohio, and northwestern Pennsyl­ tack, and is apparently willing to accept ing; Paper and paper products, from the vania. Applicant presently holds con­ a restriction against tacking, if warrant­ plantsite of U.S. Plywood Champion tract carrier authority under MC 123991 ed. If a hearing is deemed necessary, Papers, Inc., near Courtland, Ala., to and subs thereunder, therefore, dual applicant requests it be held at Minne­ points in Florida and Missouri. N o t e : operations may be involved. If a hearing apolis, Minn., or Chicago, HI. Applicant states it does not intend to is deemed necessary, applicant requests it No. MC 22214 (Sub-No. 18), filed tack, and is apparently willing to accept be held at Columbus, Ohio. May 13, 1969. Applicant: ACCELER­ a restriction against tacking, if war­ No. MC 14552 (Sub-No. 34), filed ATED TRANSPORT-PONY EXPRESS, ranted. If a hearing is deemed necessary, April 23, 1969. Applicant: J. V. Mc- INC., Fifth and Vine Streets, Sunbury, applicant requests it be held at Cincin­ NICHOLAS TRANSFER COMPANY, a Pa. 17801. Applicant’s representatives: nati or Columbus, Ohio. corporation, 555 West Federal Street, John E. Fullerton, 407 North Front No. MC 26739 (Sub-No. 63) (Correc- Youngstown, Ohio 44501. Applicant’s Street, Harrisburg, Pa. 17101, and Rus­ -tion), filed April 11, 1969, published in representative: James W. Muldoon, 88 sell R. Sage, 421 King Street, Alexan­ F ed e r a l R e g is t e r isshe of May 8, 1969, East Broad Street, Columbus, Ohio 43215. dria, Va. 22314. Authority sought to op­ corrected May 12, 1969, and republished Authority sought to operate as a common erate as a common carrier, by motor ve­ as corrected this issue. Applicant: carrier, by motor vehicle, over irregular hicle, over irregular routes, transport­ CROUCH BROS., INC., U.S. Highway routes, transporting: Frozen foodstuffs, ing:- General commodities (except those 36, Elwood, Kans. 66024. Applicant’s rep­ between Cleveland, Ohio, on the one of unusual value, classes A and B explo­ resentative: George W. Keefer, Post Of­ hand, and, on the other, points in West sives, household goods as defined by the fice Box 1059, St. Joseph, Mo. 64502. Au­ Virgina on and north of a line beginning Commission, commodities in bulk, com­ thority sought to operate as a common at the Ohio River, thence east on U.S. modities requiring special equipment, and carrier, by motor vehicle, over irregular Highway 50 to junction U.S. Highway those injurious or contaminating to routes, transporting: General commodi­ 50 and U.S. Highway 19, thence south on other lading), between »Hagerstown, Md., ties (except those of unusual value, U.S. Highway 19 to junction U.S. High­ on the one hand, and, on the other, classes A and B explosives, household way 33, thence east on U.S. Highway 33 points in Maryland, New Jersey, New goods as defined by the Commission, com­ to junction U.S. Highway 33 and U.S. York, Pennsylvania, Virginia, West Vir­ modities in bulk, and those requiring Highway 219, thence northeast on U.S. ginia, and the District of Columbia. special equipment), between Shenan­ Highway 219 to the Maryland-West N o t e : The only purpose of this applica­ doah, Iowa, and Lincoln, Nebr., from Virginia State line. N o t e : Applicant tion is to provide an additional gateway Shenandoah over to the states it intends to tack the sought au­ at Hagerstown, Md., in connection with Iowa-Nebraska State Line and thence thority at Cleveland, Ohio, to its pres­ applicant’s present general commodities over to Lincoln and ently held authority in MC 14552 (here authority at MC 22214, between points return over the same route, serving the pertinent), to serve points in Ohio and in Berkeley and Jefferson Counties, W. intermediate points of Sidney, Iowa, and Pennsylvania. Applicant holds contract Va., on the one hand, and, on the other, Nebraska City, Nebr., and the off-route carrier authority under MC 123991 and points in the above-named States. No points of Farragut, Hamburg, and River­ Subs, therefore, dual operations may be additional authority is being sought, arid ton, Iowa. N o t e : The purpose of this re­ involved. If a hearing is deemed neces­ applicant will agree to a restriction publication is to show applicant’s name sary, applicant requests it be held at against tacking the proposed authority as CROUCH BROS., INC. in lieu of Columbus, Ohio. with its present authority between GROUCH BROS., INC. If a hearing is No. MC 21966 (Sub-No. 2), filed Berkeley and Jefferson Counties, W. Va., deemed necessary, applicant requests it May 14, 1969. Applicant: GLENN W. and the named States to preclude issu­ be held at Kansas City, Mo., or Lincoln, STOWELL, Leverett Road, R.F.D. No. 3, ance of duplicate authority. Applicant’s Nebr. Amherst, Mass. 01002. Applicant’s rep­ terminal is located in the Hagerstown No. MC 29120 (Sub-No. 106), filed resentative: William L. Mobley, 1694 commercial area approximately 7 road May 7, 1969. Applicant: ALL-AMERI­ Main Street, Springfield, Mass. 01103. miles from Berkeley County. If a hear­ CAN TRANSPORT, INC., 1500 Industrial Authority sought to operate.as a common ing is deemed necessary, applicant re­ Avenue, Sioux Falls, S. Dak. 57101. Ap­ carrier, by motor vehicle, over irregular quests it be held at Washington, D.C. plicant’s representatives: H. Lauren routes, transporting: Fertilizer and fer­ No. MC 23441 (Sub-No. 10), filed Lewis (same as above), and David Axel­ tilizer materials, in bags and in bulk, May 13, 1969. Applicant: LAY TRUCK­ rod, 39 South La Salle, Chicago, HI. 60603. from Albany, N.Y., to points in Connecti­ ING COMPANY, INC., 1312 Lake Authority sought to operate as a common cut, Massachusetts, New Hampshire, Street, La Porte, Ind. 46350. Applicant’s carrier, by motor vehicle, over regular Rhode Island, and Vermont. N o t e : Ap­ representative: William A. Landau, 1415 routes, transporting: General commod­ plicant states it does not intend to tack, East Grand Avenue, Des Moines, Iowa ities (except those of unusual value, 50306. Authority sought to operate as a classes A and B explosives, household and is apparently willing to accept a common carrier, by motor vehicle, over goods as defined by the Commission, com­ restriction against tacking, if warranted. irregular routes, transporting: Snow­ modities in bulk, and hides and skins), If a hearing is deemed necessary, ap­ mobiles, snow blowers, lawnmowers, yard between Sioux Falls, S. Dak., and St.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8328 NOTICES Louis, Mo.: (a) From Sioux Falls, S. Dak., Oklahoma, Texas, Louisiana, and Missis­ points in Nash and Edgecombe ■Counties, over Interstate Highway 29 to junction sippi, to the plant and warehouse sites of N.C., on the one hand, and, on the other, with U.S. Highway 275, thence over U.S. Continental Steel Corp., located in points in the United States (except Highway 275 to junction with U.S. High­ Howard County, Ind., restricted to traffic Alaska and Hawaii); and (b) between way 59, thence over U.S. Highway 59 to originating at or destined to the named points in Wake County, N.C., on the one junction with U.S. Highway 71, thence Origins and destinations in (1) and (2) hand, and, on the other, points in Ala­ over U.S. Highway 71 to junction with above, and further restricted against the bama, Delaware, District of Columbia, Interstate Highway 70, thence over In­ transportation of commodities in bulk. Florida, Georgia, Kentucky, Maryland, terstate Highway 70 to St. Louis, Mo., If a hearing is deemed necessary, appli­ New Jersey, New York, Ohio, Pennsyl­ and return over the same route, serving cant requests it be held at Indianapolis, vania, South Carolina, Tennessee, Vir­ no intermediate points, and serving Ind.,'or Washington, D.C. ginia, West Virginia, Connecticut, Maine, points in Madison and St. Clair Counties, No. MC 30470 (Sub-No. 6), filed Massachusetts, Rhode Island, Vermont, HI., and Clayton County, Mo., as off- April 30, 1969. Applicant: CONSOLI­ and New Hampshire. N o t e : Applicant route points; and (b) from Sioux Falls, DATED MOTOR FREIGHT, INC., 1411 states it does not intend to tack, and is S. Dak., over Interstate Highway 29 to West Second Street, Post Office Box 947, apparently willing to accept a restriction junction with Interstate Highway 80, Hastings, Nebr. Applicant’s representa­ against tacking, if warranted. If a hear­ thence over Interstate Highway 80 to tive: J. Max Harding, 605 South 14th ing is deemed necessary, applicant re­ junction with , thence Street, Post Office Box 2028, Lincoln, quests it be held at Washington, D.C., or over Iowa Highway 163 to junction with Nebr. 68501. Authority sought to operate Charlotte, N.C. U.S. Highway 63, thence over U.S. High­ as. a common carrier, by motor vehicle, No. MC 35320 (Sub-No. 108), filed way 63 to junction with Interstate High­ over regular routes, transporting: Gen­ May 8, 1969. Applicant: T.I.M.E.-DC, way 70, thence over Interstate Highway eral commodities (except those of un­ INC., 2598 74th Street, Post Office Box 70 to St. Louis, Mo., and return over the usual value, classes A and B explosives, 2550, Lubbock, Tex. 79408. Applicant’s same route, serving no intermediate livestock, household goods as defined by representatives: W. D. Benson, Post Of­ points, and serving points in Madison the Commission, commodities in bulk, fice Box 6723, Lubbock, Tex. 79413, and and St. Clair Counties, HI., and Clayton commodities requiring special equipment Frank M. Garrison, Post Office Box 2550, County, Mo., as off-route points. N o t e : other than refrigeration, and those in­ Lubbock, Tex. 79408. Authority sought to If a hearing is deemed necessary, appli­ jurious or contaminating to other lad­ operate as a common carrier, by motor cant requests it be held at Sioux Falls. ing) ; (1) between Holdrege and May- vehicle, over regular routes, transport­ S. Dak. wood, Nebr., over Nebraska Highway 23, ing: General commodities (except those No. MC 29566 (Sub-No. 132), filed serving all intermediate points; and (2) of unusual value, and except dangerous May 2, 1969. Applicant: SOUTHWEST serving points in Nebraska, west of U.S. explosives, household goods as defined FREIGHT LINES, INC., 1400 Kansas Highway 281 and south of the Platte and by the Commission, in Practices of Motor Avenue, Kansas City, Kans. 66105. Appli­ South Platte Rivers as off-route points in Common Carriers of Household Goods, cant’s representative: Vernon M. Mas­ connection with applicant’s regular 17 M.C.C. 467, commodities in bulk, and ters (same address as applicant). Au­ routes. N o t e : If a hearing is deemed commodities requiring special equip­ thority sought to operate as a common necessary, applicant rèquests it be held ment) serving the plantsite of Eastman carrier, by motor vehicle, over irregular at Omaha or Lincoln, Nebr. Kodak Co. near Windsor, Colo., as an routes, transporting: Meats, meat prod­ No. MC 31389 (Sub-No. 108), filed off-route point in connection with car­ ucts, meat byproducts and articles dis­ May 8, 1969. Applicant: McLEAN rier’s present authority to serve Denver, tributed by meat packinghouses, as de­ TRUCKING COMPANY, a corporation, Colo. N o t e : If a hearing is deemed nec­ scribed In sections A and C of appendix Post Office Box 213, Winston-Salem, essary, applicant requests it be held at I to the report in Descriptions in Motor N.C. 27102. Applicant’s representative: Washington, D.C. Carrier Certificates, 61 M.C.C. 209 and Francis W. Mclnemy, 1000 16th Street No. MC 41404 (Sub-No. 83), filed 766 (except hides and commodities in NW., Washington, D.C. 20036. Authority May 5, 1969. Applicant: ARGO-COL- bulk), from Coffeyville, Kans., to points sought to operate as a common carrier, LIER TRUCK LINES CORPORATION, In Hlinois, Iowa, Minnesota, Nebraska, by motor vehicle, over regular routes, Fulton Highway, Post Office Box 440, Oklahoma, and Wisconsin. N o t e : Appli­ transporting: General commodities (ex­ Martin, Term. 38237. Applicant’s repre­ cant controls Direct Transports, Inc., cept those of unusual value, household sentative: Tom D. Copeland (same ad­ and states it could tack the authority goods as defined by the Commission, dress as above). Authority sought to op­ sought herein at St. Joseph, Mo., with classes A and B explosives, commodities erate as a common carrier, by motor vehi­ Direct Transports, Inc., to render a in bulk, and those requiring special cle, over irregular routes, transporting: through service to points in Iowa and equipment), serving points in Hancock Nebraska. This route is circuitous in (a) Meats, fresh and frozen, meat prod­ County, Ky., as off-route territory in con­ ucts, meat byproducts, and articles dis­ some instances. Applicant further states nection with applicant's existing regular- that it will accept any restriction deemed tributed by meat packinghouses as de­ necessary by the Commission as a re­ route operations between Cincinnati, scribed in sections A and C, appendix I, sult of the duplicating routes. If a hear­ Ohio, and Fulton, Ky., including those to the report in Descriptions in Motor ing is deemed necessary, applicant re­ conducted over U.S. Highway 60 between Carrier Certificates, 61 M.C.C. 209 and quests it be held at Kansas City, Mo., or Louisville and Owensboro, Ky. N o t e : If 766 (except hides and commodities in a hearing is deemed necessary, applicant bulk, in tank vehicles); (b) dairy prod­ Wichita, Kans. requests it be held at Washington, D.C. No. MC 29910 (Sub-No. 80), filed ucts, (c) canned or packaged foods, (d) May 7, 1969. Applicant: ARKANSAS- No. MC 31809 (Sub-No. 6), filed bread making compounds, flour, coffee, BEST FREIGHT SYSTEM, INC., 301 May 14, 1969. Applicant: CLAY’S tea, and food ingredients, (e) confection­ South 11th Street, Fort Smith, Ark. 72901. TRANSFER CO., INC., Post Office Box eries, (f) prepared foods, foodstuffs, and Applicant’s representative: Thomas Har­ 1131, Rocky Mount, N.C. 27801. Appli­ food preparations, fresh or frozen, (g) per, Post Office Box 43, Fort Smith, Ark. cant’s representative: Chester A. Zyblut, fish or seafoods, (h) articles described in 72901. Authority sought to operate as a 1522 K Street NW., Washington, D.C. section C of appendix I, 61 M.C.C. 209 common carrier, by motor vehicle, over 20005. Authority sought to operate as a and 766, and (i) groceries, from Chicago, irregular routes, transporting: (1) Iron common carrier, by motor vehicle, over HI., and points in its commercial zone as and steel articles, from the plant or ware­ irregular routes, transporting: Lumber, defined by the Commission, to points in house sites of Continental Steel Corp., preengineered structural products, lami­ Kentucky, North Carolina, and South located in Howard County, Ind., to points nated or not laminated, treated or not Carolina. N o t e : Common control and treated, including hardware necessary dual operations may be involved. Appli­ in Arkansas, Oklahoma, Texas, Loui­ for erection; roof decking, laminated or cant states it does not intend to tack and siana, and Mississippi; and (2) materi­ not laminated, treated or not treated; apparently is willing to accept a restric­ als, equipment, and supplies used in the prefabricated or machined wooden prod­ tion against tacking if warranted. If a manufacture and processing of iron and ucts, laminated or not laminated, treated hearing is deemed necessary, applicant steel articles, from points in Arkansas, or not treated; boat docks, (a) between requests it be held at Chicago, 111.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8329 No. MC 42919 (Sub-No. 8), filed May 9, leum and petroleum products, from ties (except those of unusual value, 1969. Applicant: COASTAL TRUCK- points in Butte County, S. Dak., to points classes A and B explosives, household WAYS, INC., Post Office Box 2915, in Montana, North Dakota, Nebraska, goods as defined by the Commission, Raleigh, N.C. 27602. Applicant’s repre­ South Dakota, Colorado, and Wyoming. commodities in bulk, commodities re­ sentative: Thomas F. Kilroy, 2111 Jeffer­ N o t e : Applicant states it does not intend quiring special equipment, and those in­ son Davis Highway, Arlington, Va. 22202. to tack, and is apparently willing to jurious or contaminating to other lad­ Authority sought to operate as a common accept a restriction against tacking, if ing), between Thermopolis and Cody, carrier, by motor vehicle, over irregular warranted. If a hearing is deemed neces­ Wyo., from Thermopolis over Wyoming routes, transporting: Tires, tubes, and sary, applicant requests it be held at Highway 120 to junction U.S. Highways batteries, from Cumberland, Md., to Rapid City, S. Dak., Denver, Colo., or 14, 16, and 20, approximately 2 miles Wilson, N.C. N o t e : Applicant states it Minneapolis, Minn. east of Cody, thence over U.S. Highways does not intend to tack and is apparently No. MC 52657 (Sub-No. 663), filed May 14, 16, and 20 to Cody, and return over willing to accept a restriction against 5, 1969. Applicant: ARCO AUTO CAR­ the same route, serving no intermediate tacking, if warranted. If a hearing is RIERS, INC., 2140 West 79th Street, Chi­ points, as an alternate route for operat­ deemed necessary, applicant requests it cago, 111. 60620. Applicant’s representa­ ing convenience only. N o t e : Common be held at Washington, D.C. tive: A. J. Bierberstein, 121 West Doty control may be involved. If a hearing is No. MC 47142 (Sub-No. 104), filed Street, Madison, Wis. 53703. Authority deemed necessary, applicant requests it May 5, 1969. Applicant: C. I. WHITTEN sought to operate as a common carrier, be held at Cheyenne or Casper, Wyo. TRANSFER COMPANY," a corporation, by motor vehicle, over irregular routes, No. MC 59967 (Sub-No. 5), filed 4417 Earl Court,' Huntington, W. Va. transporting: (1) Motor vehicles (except May 5, 1969. Applicant: LASHAM 25702. Applicant’s representative: George trailers and parts and accessories there­ CARTAGE CO., a corporation, 2601 Joline, Suite 117, 2500 North Van Dorn of) , when moving with the vehicles being South Archer Avenue, Chicago, 111. 60608. Street, Alexandria, Va. 22302. Authority transported, in initial movements in Applicant’s representative: Bernard C. sought to operate as a common carrier, truckaway and driveaway service, from Pestcoe, 708 City National Bank Build­ by motor vehicle, over irregular routes, Boyertown, Pa., to points in the United ing, 25 West Flagler Street, Miami, Fla. transporting: Classes A, B, and C explo­ States, including Alaska (but excluding 33130. Authority sought to operate as a sives and blasting supplies, between Hawaii), restricted against the trans­ common carrier, by motor vehicle, over points in Delaware, Maryland, Tennes­ portation of vehicles which require the irregular routes, transporting: General see, Virginia, and the District of Colum­ use of special equipment for transporting commodities in bulk, and commodities bia. N o t e : Applicant states it will tack such vehicles; (2) motor vehicles (ex­ which, because of size or weight require with its MC 47142 at Bristol, Va., enabl­ cept trailers and parts and accessories special equipment, between Palm Beach, ing service between present authority thereof), when moving with vehicles be­ Port Everglades, Port Laudania, and and Tennessee. If a hearing is deemed ing transported, in secondary movements Miami, Fla., on the one hand, and, on the necessary, applicant requests it be held in truckaway service, between Boyer­ other, points in Palm Beach, Broward, at Washington, D.C., or Philadelphia, Pa. town, Pa., and points in the United and Dade Counties, Fla. (restricted to the No. MC 51146 (Sub-No. 134), filed States, including Alaska (but excluding transportation of traffic having a prior May 5, 1969. Applicant: SCHNEIDER Hawaii), restricted to the transportation or subsequent movement by water). TRANSPORT & STORAGE, INC., 817 of vehicles which have been manufac­ N o t e : The applicant states it possesses McDonald Street, Green Bay, Wis. 54306. tured or assembled at Boyertown, Pa., general commodity authority between Applicant’s representatives: D. F. Martin and further restricted against the trans­ the points named in this application but (same address as applicant), and Charles portation of vehicles which require the with the general exceptions including W. Singer, 33 North Dearborn Street, use of special equipment for transport­ the two named above which it is seeking Chicago, 111. Authority sought to operate ing such vehicles. N o t e : Applicant states in this proceeding. Common control may as a common carrier, by motor vehicle, it does not intend to tack, and is appar­ be involved. Applicant states it does not over irregular routes, transporting: ently willing to accept a restriction intend to tack, and apparently is willing against tacking, if warranted. If a hear­ to accept a restriction against tacking, if Metal containers, container ends and ing is deemed necessary, applicant re­ warranted. If a hearing is deemed neces­ accessories, and materials, and supplies quests it be held at Washington, D.C., or sary, applicant requests it be held at used in connection with the manufacture Philadelphia, Pa. Miami, Fla. and distribution of metal containers and No. MC 58902 (Sub-No. 13), filed No. MC 61231 (Sub-No. 44), filed container ends when moving with metal May 9, 1969. Applicant: MANLEY May 5, 1969. Applicant: ACE-ALKIRE containers and container ends, from TRANSFER COMPANY, INC., 1410 In­ FREIGHT LINES, INC., 4143 East 43d Birmingham, Ala.; Bartow and Orlando, tercity Trafficway, Kansas City, Mo. Ap­ Street, Des Moines, Iowa 50317. Appli­ Fla.; Atlanta, Ga.; Spartanburg, S.C.; plicant’s representative: Frank W. Tay­ cant’s representative: William A. and Forth Worth, Tex.; to points in lor, Jr., 1221 Baltimore Avenue, Kansas Landau, 1451 East Grand Avenue, Des Delaware, Illinois, Indiana, Iowa, Ken­ City, Mo. 64105. Authority sought to op­ Moines, Iowa 50306. Authority sought to tucky, Maryland, Michigan, Minnesota, erate as a common carrier, by motor operate as a common carrier, by motor Missouri, New Jersey, New York, North vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ Carolina, Ohio, Pennsylvania, Tennes­ ing: Wallboard, wallboard molding, wall- ing: Iron and steel articles, as described see, Virginia, West Virginia, Wisconsin, board cement, aluminum and vinyl mold­ in appendix V to the report in Descrip­ and the District of Columbia. N o t e : Ap­ plicant states that the requested au­ ing, and plywood with not more than two tions in Motor Carrier Certificates, 61 thority could be tacked with various subs coats of lacquer, from Pittsburg, Kans., M.C.C. 209, from Chicago Heights and under MC 51146 and pending subs. Ap­ to points in Missouri and Oklahoma. Bartonville, 111., to points in Kansas, plicant further states that it has various N o t e : Applicant states it does not in­ Missouri, and Nebraska. N o t e : Applicant duplicative items of authority under tend to tack, and is apparently willing to states it does not intend to tack, and various subs but does not seek duplica­ accept a restriction against tacking, if apparently is willing to accept a restric­ tive authority. If a hearing is deemed warranted. If a hearing is deemed neces­ tion against tacking, if warranted. If a necessary, applicant requests it be held sary, applicant requests it be held at hearing is deemed necessary, applicant at Chicago, I1L, or Washington, D.C. Kansas City, Mo. requests it be held at D e s' Moines, Iowa. No. MC 59856 (Sub-No. 33), filed No. MC 61624 (Sub-No. 6), filed No. MC 52869 (Sub-No. 91), filed May April 30, 1969. Applicant: SALT CREEK May 6, 1969. Applicant: KIRBY & 12, 1969. Applicant: NORTHERN TANK FREIGHTWAYS, a corporation, 408 In­ KIRBY, INC., 1052 Spruce Street, Tren­ LINE, a corporation, Post Office Box 970, dustrial Avenue, Post Office Box 1411, ton, N.J. 08638. Applicant’s representa­ Miles City, Mont. 59301. Applicant’s rep­ Casper, Wyo. 82601. Applicant’s repre­ tive: Bert Collins, 140 Cedar Street, New resentative: Alan Foss, 502 First Na­ sentative: Ward A. White, Post Office York, N.Y. 10006. Authority sought to tional Bank Building, Fargo, N. Dak. Box 568, Cheyenne, Wyo. 82001. Author­ operate as a common carrier, by motor 58102. Authority sought to operate as a ity sought to operate as a common car­ vehicle, over irregular routes, transport­ common carrier, by motor vehicle, over rier, by motor vehicle, over regular ing: (1) Household cleaning supplies, irregular routes, transporting: Petro­ routes, transporting: General commodi­ from Briston, Pa., to points in Nassau

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8330 NOTICES and Suffolk Counties, and Mount Kisco, Kansas City, Mo.-Kansas City, Kans., those injurious or contaminating to other N.Y.; (2) toys and dolls, from Harrison, commercial zone, to points in the United lading), serving Rio Rancho Estates N.H., to points in Nassau and Suffolk States (except Alaska and Hawaii). near Albuquerque, N. Mex., as an off- Counties, N.Y.; and (3) canned foods, N o t e : Applicant states it does not intend route point in connection with carrier’s from Camden, N.J., to points in Nassau to tack, and is apparently willing to ac­ present regular-route operations. N o t e : and Suffolk Counties, and Mount Kisco, cept a restriction against tacking, if war­ If a hearing is deemed necessary, appli­ N.Y. N o t e : Applicant states it does not ranted. If a hearing is deemed neces­ cant requests it be held at Albuquerque, intend to tack, and is apparently willing sary, applicant requests it be held at N. Mex. to accept a restriction against tacking Kansas City, Mo. No. MC 76177 (Sub-No. 322), filed if warranted. If a hearing is deemed No. MC 73688 (Sub-No. 32), filed May 8, 1969. Applicant: BAGGETT necessary, applicant requests it be held May 9, 1969. Applicant: SOUTHERN TRANSPORTATION COMPANY, a cor­ at Washington, D.C. TRUCKING CORPORATION, 1500 poration, 2 South 32d Street, Birming­ No. MC 64932 (Sub-No. 473), filed Orenda Avenue, Memphis, Tenn. Appli­ ham, Ala. 35223. Applicant’s representa­ April 21, 1969. Applicant: ROGERS cant’s representative: Charles H. Hud­ tive: Harold G. Hemly, 711 14th Street CARTAGE CO., 1439 West 103d Street, son, Jr., 833 Stahlman Building, Nash­ NW., Washington, D.C. 20005. Authority Chicago, HI. 60643. Applicant’s represent­ ville, Tenn. 37201. Authority sought to sought to operate as a common carrier, ative: Carl L. Steiner, 39 South La Salle operate as a common carrier, by motor by motor vehicle, over regular routes, Street, Chicago, HI. 60603. Authority vehicle, over irregular routes, transport­ transporting: General commodities (ex­ sought to operate as a common carrier, ing: Paper and paper products, from the cept classes A and B explosives and blast­ by motor vehicle, over irregular routes, plantsite of U.S. Plywood-Champion ing supplies, household goods as defined transporting: Fertilizer and fertilizer Papers, Inc., near Courtland, Ala., to by the Commission, commodities in bulk, materials, in bulk, in tank vehicles, from points in Georgia, Kentucky, Louisiana, and commodities requiring special equip­ the storage facilities of Allied Chemical Mississippi, and Tennessee. N o t e : Appli­ ment) , serving the plantsite of U.S„ Ply­ Corp. located at or near Channahon, cant states it does not intend to tack, and wood-Champion Papers, Inc., near HI., to points in Hlinois, Indiana, Michi­ is apparently willing to accept a restric­ Courtland, Ala., as an off-route point in gan, Ohio, and Wisconsin. N o t e : Ap­ tion against tacking, if warranted. If a connection with carrier’s regular-route plicant states it does not intend to tack hearing is deemed necessary, applicant operation between Decatur and Florence, and apparently is willing to accept a did not specify location. Ala., over Alabama Highway 20. N o t e : If restriction against tacking if warranted. No. iSlC 75212 (Sub-No. 3), filed a hearing is deemed necessary, applicant If a hearing is deemed necessary, appli­ April 21, 1969. Applicant: SHANAHAN does not specify a location. cant requests it be held at Chicago, 111. TRUCKING, INC., Main Road, Gill, No. MC 87909 (Sub-No. 11), filed No. MC 64932 (Sub-No. 476), filed Mass. 01376. Applicant’s representative: May 5, 1969. Applicant: ARROW MO­ May 9, 1969. Applicant: ROGERS Frank J. Weiner, 536 Granite Street, TOR FREIGHT LINE, INC., 2125 Com­ CARTAGE CO., 1439 West 103d Street, Investors Building, Braintree, Mass. mercial, Waterloo, Iowa 50704. Appli­ Chicago, HI. 60643. Applicant’s repre­ 02184. Authority sought to operate as a cant’s representative: Truman A. Stock- sentative: Jack Goodman, 39 South La contract carrier, by motor vehicle, over ton, Jr., The 1650 Grant Street Building, Salle Street, Chicago, HI. 60603. Author­ irregular routes, transporting: Gasoline, Denver, Colo. 80202. Authority sought to ity sought to operate as a common car­ kerosene, fuel oil, lubricating oil, and operate as a common carrier, by motor rier, by motor vehicle, over irregular distillates, in bulk, in tank vehicles, from vehicle, over irregular routes, transport­ routes, transporting: Liquid chemicals, in Rensselaer, N.Y., to points in Salem, ing: Heating and cooling devices includ­ bulk, in tank vehicles, from Dupo, HI., to Haverhill, Taunton, Hyannis, Attleboro, ing air circulators, parts, accessories, and points in Hlinois, Indiana, Iowa, Kansas, Fitchburg, Greenfield, and Boston, Mass., materials used in the manufacture and Kentucky, Missouri, and Tennessee. and Warwick, R.I., under contract with installation of heating and cooling de­ ote N o t e : Applicant states it does not intend American Oil Co. N : If a hearing is vices and air circulators and advertising to tack, and apparently is willing to ac­ deemed necessary, applicant requests it matter when shipped in mixed shipments cept a restriction against tacking, if be held at Boston, Mass., or Albany, N.Y. with the above commodities, from the warranted. If a hearing is deemed neces­ No. MC 76032 (Sub-No. 242), filed plantsite, warehouses, and facilities of sary, applicant requests it be held at St. May 7, 1969. Applicant: NAVAJO Lennox Industries at Marshalltown, Louis, Mo., or Springfield, HI. FREIGHT LINES, INC., 1205 South Iowa, to Twin Cities, Minn., restricted No. MC 65941 (Sub-No. 30), filed Platte River Drive, Denver, Colo. 80223. to shipments originating at Lennox In­ May 7, 1969. Applicant: TOWER LINES, Applicant’s representative: William E. dustries. N o t e : Applicant states it does INC., Post Office Box 907, Wheeling, Kenworthy (same address as applicant). not intend to tack, and is apparently W. Va. 26003. Applicant’s representative: Authority sought to operate as a common willing to accept a restriction against Paul M. Daniell, 1600 First Federal carrier, by motor vehicle, over regular tacking, if warranted. If a hearing is Building, Atlanta, Ga. 30303. Authority routes, transporting: General commodi­ deem necessary, applicant requests it be sought to operate as a common carrier, ties (except explosives, heavy machinery, held at Minneapolis, Minn., Des Moines, by motor vehicle, over irregular routes, livestock, fresh fish, coal, ore, sand, Iowa, or Washington, D.C. transporting: Paver and paper products, gravel, and commodities requiring spe­ No. MC 90373 (SUb-No. 29), filed April from the plant site of U.S. Plywood- cial equipment), serving the plantsite, 21, 1969. Applicant: C. & R. TRUCKING Champion Papers, Inc., near Courtland, warehouses, and facilities of Eastman CO., a corporation, Inman Avenue, Ala., to points in Ohio, Pennsylvania, and Kodak Co. near Windsor, Colo., as an Avenel, N.J. 07001. Applicant’s rep­ off-route point in connection with car­ West Virginia. N o t e : Applicant states it resentative: George A. Olsen, 69 Ton- does not intend to tack, and is apparently rier’s existing regular-route operations. nele Avenue, Jersey City, N.J. 07306. Au­ willing to accept a restriction against N o t e : If a hearing is deemed necessary, thority sought to operate as a contract tacking, if warranted, if a hearing is applicant does not specify a location. carrier, by motor vehicle, over irregular deemed necessary, applicant did not No. MC 76032 (Sub-No. 243), filed routes, transporting: Tires and tubes, for specify location. May 12, 1969. Applicant: NAVAJO the account of the Mobil Oil Corp., be­ No. MC 66886 (Sub-No. 12), filed FREIGHT LINES, INC., 1205 South tween North Brunswick, N.J., on the one May 12, 1969. Applicant: BELGER Platte River Drive, Denver, Colo. 80223. hand, and, on the other, New York, N.Y.; CARTAGE SERVICE, INC., 2100 Wal­ Applicant’s representative: William E. points in Nassau, Suffolk, Westchester, nut Street, Kansas City, Mo. 64108. Ap­ Kenworthy (same address as above). Au­ Orange, and Rockland Counties, N.Y., plicant’s representative: Frank W. Tay­ thority sought to operate as a common points in Fairfield County, Conn.; and carrier, by motor vehicle, over regular points in that part of Pennsylvania east lor, Jr., 1221 Baltimore Avenue, Kansas routes, transporting: General commodi­ of a line beginning at the Maryland- City, Mo. 64105. Authority sought to op­ ties (except those of unusual value, Pennsylvania State line and extending erate as a common carrier, by motor household goods as defined by the Com­ along Interstate Highway 83 to junction vehicle, over irregular routes, transport­ mission, commodities in bulk, commodi­ U.S. Highway 11, thence along U.S. High­ ing : Empty containers, from points in the ties requiring special equipment, and way 11 to the Pennsylvania-New York

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8331

State line. Restriction: The operations ments moving in foreign commerce to as a common carrier, by motor vehicle, sought herein are limited to a transpor­ points in Canada only). N o t e : If a hear­ over irregular routes, transporting: tation service to be performed under a ing is deemed necessary, applicant does Trailers designed to be drawn by pas­ continuing contract, or contracts, with not specify a location. senger automobiles and buildings in sec­ Mobil Oil Corp. Note: If a hearing is No. MC 102817 (Sub-No. 13), filed tions, equipped with hitchball connector, deemed necessary, applicant requests it May 7,1969. Applicant: PERKINS FUR­ in initial movements, from points in be held at New York, N.Y., or Washing­ NITURE TRANSPORT, INC., 1202 Hempstead County, Ark., to points in the ton, D.C. North Pennsylvania Street, Indianapolis, United States (except Alaska and No. MC 94265 (Sub-No. 217), filed Ind. 46202. Applicant’s representative: Hawaii). Note: Applicant states it does April 11, 1969. Applicant: BONNEY MO­ John E.' Lesow, 3737 North Meridian not intend to tack, and is apparently TOR EXPRESS, INC., Post Office Box Street, Indianapolis^ Ind. 46208. Au­ willing to accept a restriction against 12388, Thomas Corner Station, Norfolk, thority sought to operate as a common tacking, if warranted. Common control Va. 23502. Applicant’s representative: carrier, by motor vehicle, over irregular and dual operations may be involved. Wilmer B. Hill, 666 11th Street NW., routes, transporting: New furniture, (1) If a hearing is deemed necessary, appli­ Suite 705, Washington, D.C. 20001. Au­ from points in Florida, to points in In­ cant requests it be held at Little Rock, thority sought to operate as a common diana, (2) from points in Georgia, to Ark. carrier, by motor vehicle, over irregular points in Indiana, and (3) from points No. MC 106398 (Sub-No. 401), filed routes, transporting: (1) Dairy products, in Mississippi, to points in Indiana. May 8, 1969. Applicant: NATIONAL as described in section B of appendix I Note : Applicant states it intends to tack, TRAILER CONVOY, INC., 1925 Na­ to the report in Descriptions in Motor the authority requested at points in In­ tional Plaza, Tulsa, Okla. 74151. Appli­ Carrier Certificates, 61 M.C.C. 209 and diana with its existing authority. If a cant’s representative: Irvin Tull (same 766, except commodities in bulk, in tank hearing is deemed necessary, applicant address as above). Authority sought to vehicles, from the plantsite and/or ware­ requests it be held at Indianapolis, Ind. operate as a common carrier, by motor house facilities of John Morrell & Co., No. MC 103993 (Sub-No. 402), filed vehicle, over irregular routes, trans­ located at or near Ottumwa, Iowa, to May 13, 1969. Applicant: MORGAN porting: Buildings, in sections, mounted points in Pennsylvania, New York, Mary­ DRIVE-AWAY, INC., 2800 West Lexing­ on wheeled undercarriages, in initial land, New Jersey, and the District of ton Avenue, Elkhart, Ind. 46514. Appli­ movements, from points in Yamhill Columbia; and (2) meats, meat products, cant’s representative: Paul D. Borghesani County, Oreg., to points in California, meat byproducts, dairy products, and ar­ and Ralph H. Miller (same address as Washington, Idaho, Montana, Nevada, ticles distributed by meat packinghouses, applicant). Authority sought to operate Utah, and Wyoming. Note: Applicant as described in sections A, B, and C of as a common carrier, by motor vehicle, states it does not intend to tack, and is appendix I to the report in Descriptions over irregular routes, transporting: (1) apparently willing to accept a restric­ in Motor Carrier Certificates, 61 M.C.C. Camp coaches and truck campers, from tion against tacking, if warranted. Com­ 209 and 766, except hides and commod­ points in Creek County, Okla., to points mon control and dual operations may be ities in bulk, in tank vehicles, from the in the United States (except Alaska and involved. If a hearing is deemed neces­ plantsite and/or warehouse facilities of Hawaii) and (2) trailers designed to be sary, applicant requests it be held at John Morrell & Co., located at or near drawn by passenger automobiles from Portland, Oreg. Estherville, Iowa, to points in Maryland points in Creek County, Okla., to points No. MC 107064 (Sub-No. 73), filed May and the District of Columbia (restricted In the United States (except Hawaii, 2, 1969. Applicant: STEERE TANK to traffic originating at the plantsite Alaska, Arizona, Arkansas, Colorado, LINES, INC., Post Office Box 2998, 2808 and/or warehouse facilities of John Mor­ Kansas, Louisiana, Missouri, New Mexico, Fairmount Street, Dallas, Tex. 75221. rell & Co., at or near the points named and Texas). Note: Applicant states it Applicant’s representative: Hugh T. above and destined to the named terri­ does not intend to tack, and is appar­ Matthews, 630 Fidelity Union Tower, tories). Note: If a hearing is deemed ently willing to accept a restriction Dallas, Tex. 75201. Authority sought to necessary, applicant requests it be held at against tacking, if warranted. If a hear­ operate as a common carrier, by motor Des Moines, Iowa, or Washington, D.C. ing is deemed necessary, applicant re­ vehicle, over irregular routes, transport­ No. MC 100463 (Sub-No. 25), filed quests it be held at Tulsa, Okla. ing: Crude oil, in bulK*. between points in April 21, 1969. Applicant: SMITH No. MC 106398 (Sub-No. 399) (Amend­ New Mexico. Note: Applicant states it TRANSPORT (U.S.) LIMITED, a corpo­ does not intend to tack, and is apparently ment), filed April 28, 1969, published willing to accept a restriction against ration, 20 Toronto Street, Toronto, On­ F ederal R egister issue of May 15, 1969, tario, Canada. Applicant’s representa­ tacking, if warranted. If a hearing is amended and republished as amended deemed necessary, applicant requests it tive: Harry J. Jordan, 1000 16th Street this issue. Applicant: NATIONAL be held at Dallas or Fort Worth, Tex. NW., Suite 502, Washington, D.C. 20036. TRAILER CONVOY, INC., 1925 Na­ No. MC 107295 (Sub-No. 195), filed Authority sought to operate as a common tional Plaza, Tulsa, Okla. 74151. Appli­ May 2, 1969. Applicant: PRE-FAB carrier, by motor vehicle, over regular cant’s representative: Irvin Tull (same TRANSIT CO., a corporation, 100 South routes, transporting: Aluminum and alu­ address as applicant). Authority sought Main Street, Farmer City, HI. 61842. Ap­ minum products, including, but not lim­ to operate as a common carrier, by motor plicant’s representative: Dale L. Cox, ited to, coils, sheet, and scrap, between vehicle, over irregular routes, transport­ Post Office Box 146, Farmer City, 111. the Alcan, Inc., plantsite located in or ing: Buildings, building sections, build­ 61842. Authority sought to operate as a near Oswego, N.Y., and the junction of ing parts and materials, from Phoenix common carrier, by motor vehicle, over U.S. Highway 11 and Interstate Highway (Maricopa County), Ariz., to points in irregular routes, transporting: Heating 81, near Pulaski, N.Y., from the Alcan, the United States (except California, and cooling systems, including acces­ Inc., plantsite located in or near Oswego, Nevada, Utah, New Mexico, Alaska, and sories, parts, and fittings incidental to N.Y., over Oswego County Highway 1 to Hawaii/. Note: Applicant states it does completion, erection, and installation junction County Highway 29, thence over not intend to tack, and is apparently thereof, from Kansas City, Mo., to points County Highway 29 to junction U.S. willing to accept a restriction against in the United States (except Alaska, Highway 104, thence over U.S. Highway tacking, if warranted. Common control Hawaii, and Missouri). Note: Applicant 104 to junction U.S. Highway 104B, and dual operations may be involved. states it will tack with its MC 107295 thence over U.S. Highway 104B to junc­ The purpose of this republication is to where feasible. If a hearing is deemed tion New York Highway 3, thence over change the commodity description. If a necessary, applicant requests it be held New York Highway 3 to junction New hearing is deemed necessary, applicant at Kansas City, Mo. York Highway 13, thence over New York requests it be held at Phoenix, Ariz. No. MC 108380 (Sub-No. 76), filed May Highway 13 to the village of Pulaski, N.Y., No. MC 106398 (Sub-No. 400), filed 7, 1969. Applicant: JOHNSTON’S FUEL thence over city streets of the village of May 2, 1969. Applicant: NATIONAL LINERS, INC., Post Office Box 100, 808 Pulaski, N.Y., to junction U.S. Highway TRAILER CONVOY, INC., 1925 National Birch Street, Newcastle, Wyo. 82701. Ap­ 11 and Interstate Highway 81, and re­ Plaza, Tulsa, Okla. 74151. Applicant’s plicant’s representative: Truman A. turn over the same route, serving no in­ representative: Irvin Tull (same address Stockton, Jr., The 1650 Grant Street termediate points (restricted to ship­ as above). Authority sought to operate Building, Denver, Colo. 80203. Authority

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8332 NOTICES sought to operate as a common carrier, states no duplicating authority is sought. bulk); (a) between military installa­ by motor vehicle, over irregular routes, If a hearing is deemed necessary, appli­ tions or defense establishments in the transporting: Petroleum products, in cant requests it be held at Washington, United States; and (b) between points in bulk, in tank vehicles, from points in D.C., or Chicago, 111. (a) above, on the one hand, and, on the Butte County, S. Dak., to points in Colo­ No. MC 110420 (Sub-No. 589), filed other, points in the United States. N o t e : rado, Montana, Nebraska, North Dakota, May 12, 1969. Applicant: QUALITY Applicant states it does not intend to South Dakota, and Wyoming. Note: Ap­ CARRIERS, INC., 100 South Calumet tack, and is apparently willing to accept plicant states it does not intend to tack, Street, Burlington, Wis. 53105. Appli­ a restriction against tacking, if war­ and is apparently willing to accept a re­ cant’s representative: A. Bryant Tor- ranted. Applicant also states no dupli­ striction against tacking, if warranted. horst (same address as applicant). Au­ cating authority is being sought. If a If a hearing is deemed necessary, appli­ thority sought to operate as a common hearing is deemed necessary, applicant cant requests it be held at Rapid City, carrier, by motor vehicle, over irregular requests it be held at Washington, D.C. S. Dak., or Casper, Wyo. routes, transporting: Vegetable oils, in No. MC 112391 (Sub-No. 34), filed No. MC 108676 (Sub-No. 28), filed bulk, from the plantsite of Archer May 14, .1969. Applicant: HADLEY May 7, 1969. Applicant: A. J. METLER Daniels Midland'Co., at or near Lincoln, AUTO TRANSPORT, a corporation, 7428 HAULING AND RIGGING, INC., 117 Nebr., to points in Arkansas, Arizona, Paramount Boulevard, Post Office Box 96, Chicamauga Avenue NE., Knoxville, California, Colorado, Idaho, Iowa, Kan­ Pico Rivers, Calif. Applicant’s represent­ Tenn. 37917. Applicant’s representative: sas, Minnesota, Missouri, Montana, ative: Phil Johnson, 510 West Sixth Robert M. Pearce, Post Office Box E, Nebraska, New Mexico, Oklahoma, Ore­ Street, Los Angeles, Calif. 90014. Author­ Bowling Green, Ky. 42101. Authority gon, North Dakota, South Dakota, ity sought to operate as a contract car­ sought to operate as a common carrier, Texas, Utah, Washington, and Wyoming. rier, by motor vehicle, over irregular by motor vehicle, over irregular routes, N o t e : Applicant states it would tack at routes, transporting: Automobiles, transporting: (1) Steel containers, and Lincoln, Nebr., to serve Amsterdam, trucks, buses, chassis, and farm type (2) accessorial commodities used in the N.Y.; Boston, Salem, and Peabody, tractors, in secondary movement, in installation and/or operation of steel Mass.; Chicago, 111.; Conshohocken, Pa.; truckaway and driveaway, from points in containers, from the plantsite of Car- Cudahy, Wis.; Indianapolis, Ind.; Louis­ Orange County, Calif., to points in Cali­ Rack Corp., Macedonia, Ohio, to points ville, Ky.; Newark, N.J.; and Red Wing, fornia, Nevada, and Arizona, under a in the United States (except Alaska and Minn. If a hearing is deemed necessary, continuing contract with Ford Motor Hawaii). Note: Applicant states it does applicant requests it be held at Chicago, Co. N o t e : Applicant states it does not not intend to tack, and is apparently 111., or St. Louis, Mo. intend to tack, and is apparently willing willing to accept a restriction against No. MC 110683 (Sub-No. 59), filed to accept a restriction against tacking, tacking, if warranted. If a hearing is May 8, 1969. Applicant: SMITH’S if warranted. If a hearing is deemed deemed necessary, applicant requests it TRANSFER CORPORATION OF necessary, applicant requests it be held be held at Nashville, Tenn. STAUNTON, VA., Post Office Box 1000, at Los Angeles, Calif., or Washington, No. MC 108676 (Sub-No. 29), filed Staunton, Va. 24401. Applicant’s repre­ D.C. May 7, 1969. Applicant: A. J. METLER sentative: James W. Lawson, 1000 16th HAULING AND RIGGING, INC., 117 Street NW., Washington, D.C. 20036. Au­ No. MC 113362 (Sub-No. 162), filed Chicamauga Avenue NE., Knoxville, thority sought to operate as a common May 14, 1969. Applicant: ELLSWORTH Tenn. 37917. Applicant’s representative: carrier, by motor vehicle, over regular FREIGHT LINES, INC., 310 East Broad­ Robert M. Pearce, Post Office Box E, routes, transporting: General commodi­ way, Eagle Grove, Iowa 50533. Appli­ Bowling Green, Ky. 42101. Authority ties (except those of unusual value, cant’s representative: Donald L. Stern, sought to operate as a common carrier, classes A and B explosives, household 630 City National Bank Building, Omaha, by motor vehicle, over irregular routes, goods as defined by the Commission, Nebr. 68102. Authority sought to operate transporting: Signs, sign poles, sign commodities in bulk, and those requiring, as a common carrier, by motor vehicle, parts, and accessories therefor, from the special equipment), between junction over irregular routes, transporting: Car­ plantsite of Acme-Wiley Corp., Elk Grove U.S. Highways 25 and 227 approximately pets, carpeting, mats, matting, or rugs, Village, 111., to points in the United States 5 miles north of Richmond, Ky., and and equipment for installation thereof, (except Alaska and Hawaii). Note: Ap­ U.S. Highways 60 and 227, at or near from Marietta, Pa., to Davenport and plicant states it does not intend to tack, Winchester, Ky., over U.S. Highway 227, Des Moines, Iowa. N o t e : Applicant states and is apparently willing to accept a re­ serving the junctions for joinder only. it does not intend to tack, and is ap­ parently willing to accept a restriction striction against tacking, if warranted. N o t e : Applicant states the purpose of the If a hearing is deemed necessary, appli­ application is to join with applicant’s against tacking; if warranted. If a hear­ cant requests it be held at Nashville, existing alternate routes between Lex­ ing is deemed necessary, applicant re­ Tenn. ington, Ky., and Mount Vernon, Ky., over quests it be held at Des Moines, Iowa. No. MC 108859 (Sub-No. 52), filed U.S. Highways 25 and between Lexing­ No. MC 113678 (Sub-No. 349), filed April 28, 1969. Applicant: CLAIRMONT ton and Ashland, Ky., over U.S. Highway May 5, 1969. Applicant: CURTIS, TRANSFER CO., a corporation, 1803 60, and thereby avoid Lexington city INC., 770 East 51st Avenue, Denver, Seventh Avenue North, Escanaba, Mich. traffic and reduce the operating distance Colo. 80216. Applicant’s representatives: 49829. Applicant’s representative: John between applicant’s terminals beyond, Duane W. Acklie and Richard Peterson, L. Bruemmer, 121 West Doty Street, including its Huntington, W. Va., and Post Office Box 806, Lincoln, Nebr. 68501. Madison, Wis. 53703. Authority sought Knoxville, Tenn., terminals by approxi­ Authority sought to operate as a common to operate as a common carrier, by motor mately 14 miles. If a hearing is deemed carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ necessary, applicant requests it be held routes, transporting: Foodstuffs, from ing: (1) Copper bars, billets, cakes, in­ at Washington, D.C. Terre Haute, Ind., to points in Michigan, gots, and slabs; and (2) materials, equip­ No. MC 112304 (Sub-No. 28), filed Iowa, Nebraska, Colorado, Minnesota, ment, and supplies used in the mining May 9, 1969. Applicant: ACE DORAN Kentucky, Wisconsin, North Dakota, and manufacturing of the commodities HAULING & RIGGING CO., a corpora­ South Dakota, Missouri, Kansas, and in (1) above (except commodities in tion, 1601 Blue Rock Street, Cincinnati, Arizona. N o t e : Applicant states it does bulk), between points in Houghton and Ohio 45223. Applicant’s representative: not intend to tack, and is apparently Ontonagon Counties, Mich., on the one A. Charles Tell, 100 East Broad Street, willing to accept a restriction against hand, and, on the other, points in Illinois, Columbus, Ohio 43215. Authority sought tacking, if warranted. If a hearing is Indiana, Kentucky, Michigan, Ohio, and to operate as a common carrier, by motor deemed necessary, applicant requests it Wisconsin, restricted against the trans­ vehicle, over irregular routes, transport­ be held at Chicago, HI. portation of commodities which because ing: (1) Commodities which require the No. MC 113678 (Sub-No. 350), filed of size or weight require the use of special use of special equipment or special han­ May 7, 1969. Applicant: CURTIS, equipment. N o t e : Applicant states it does dling by reason of size or weight; and INC., 770 East 51st Avenue, Denver, not intend to tack, and is apparently (2) ordinance equipment, materials, and Colo. 80216. Applicant’s representatives: willing to accept a restriction against supplies, and quartermaster supplies (ex­ Duane W. Acklie and Richard Peterson, tacking, if warranted. Applicant further cept household goods and commodities in Post Office Box 806, Lincoln, Nebr. 68501.

FEDERAL REGISTER, VOL. 34, ,NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8333 Authority sought to operate as a com­ STEEL TRANSPORTATION, INC., Post along U.S. Highway 84 to Sweetwater, mon carrier, by motor vehicle, over irreg­ Office Box 6?8, Cedar Rapids, Iowa 52406. Tex.; thence southerly along Texas ular routes, transporting: Meats, meat Applicant’s representative: Gene R. Pro- Highway 70 to the junction of U.S. High­ products, meat byproducts and articles kuski (same address as applicant). Au­ way 277; thence along U.S. Highway 277 distributed by meat packinghouses, from thority sought to operate as a common to San Angelo, Tex., thence along U.S. Sterling, Colo., to points in Nebraska, carrier, by motor vehicle, over irregular Highway 67 to Barnhart, Tex., thence Kansas, Iowa, Missouri, Wisconsin, Illi­ routes, transporting: Meats, meat prod­ along Texas Highway 163 to Ozona, Tex., nois, Indiana, Michigan, Ohio, Pennsyl­ ucts, meat byproducts, dairy products thence westerly along U.S. Highway 290 vania, Virginia, Maine, Delaware, Rhode and articles distributed by meat packing­ to junction U.S. Highway 80 (east of Island, Maryland, Georgia, New Jersey, houses, as described in sections A, B, and Kent, Tex.) ; thence along U.S. Highway Kentucky, and the District of Columbia. C of appendix I to the report in Descrip­ 80 (through El Paso,*Tex.) to the New N o t e : Applicant states it does not intend tions in Motor Carrier Certificates, 61 Mexico-Texas State line (near Anthony, to tack, and is apparently willing to ac­ M.C.C. 209 and 766 .(except hides and N. Mex.), thence along a line bounded cept a restriction against tacking if commodities in bulk in tank vehicles), by the counties of Curry, De Baca, Roose­ warranted. If a hearing is deemed neces­ (1) from the plantsite and/or ware­ velt, Lincoln, Chaves, Dona Ana, Eddy, sary, applicant requests it be held at house facilities of John Morrell & Co., and Lea, N. Mex.; and points on U.S. Denver, Colo. located at or near Ottumwa, Iowa, to Highway 80 from Sweetwater, Tex., to No. MC 114019 (Sub-No. 195), filed points in Illinois, Indiana, and Missouri, Dallas and Fort Worth, Tex. N o t e : Ap­ May 9, 1969. Applicant: MIDWEST and (2) from the plantsite and/or ware­ plicant states that it desires the right EMERY FREIGHT SYSTEM, INC., 7000 house facilities of John Morrell & Co., lo­ to interline with other motor common South Pulaski Road, Chicago, 111. 60629. cated at or near Esterville, Iowa, to points carriers. Applicant further states that Applicant’s representative: Edward G. in Illinois, indiana, Michigan, Missouri, it would tack with its present authority Bazelon, 39 South La Salle Street, New York, Ohio, and Pennsylvania, re­ at Dallas, Tex., to serve Oklahoma City, Chicago, 111. 60603. Authority sought to stricted to traffic originating at the Okla. If a hearing is deemed necessary, operate as a common carrier, by motor above-named origins and destined to the applicant requests it be held at El Paso, vehicle, over irregular routes, transport­ named territories. If a hearing is deemed Tex. ing: Foodstuffs, between Holland, Mich., necessary, applicant requests it be held No. MC 115181 (Sub-No. 12) (Correc­ and Canajoharie, N.Y. N o t e : Common at Chicago, 111. tion) , filed April 28, 1969, published control may be involved. Applicant No, MC 114273 (Sub-No. 43), filed May F e d e r a l R e g is t e r issue of May 15, 1969, states I t would tack at Canajoharie, 12, 1969. Applicant: CEDAR RAPIDS as MC 110193 Sub 168, and republished N.Y., with MC 114019 Sub 38 and other STEEL TRANSPORTATION, INC., Post as corrected, this issue. Applicant: subs, serving primarily the State of New Office Box 68, Cedar Rapids, Iowa 52406. HAROLD M. FELTY, INC., Rural De­ York and portions of New Jersey and Applicant’s representative: Gene R. Pro- livery No. 1, Pine Grove, Pa. 17963. Ap­ Pennsylvania. If a hearing is deemed kuski (same address as applicant). Au­ plicant’s representative: John W. Dry, necessary, applicant requests it be held thority sought to operate as a common 541 Penn Street, Reading, Pa. 19601. at New York, N.Y. carrier, by motor vehicle, over irregular Authority sought to operate as a com­ No. MC 114194 (Sub-No. 151), filed routes; transporting: Meats, meat prod­ mon carrier, by motor vehicle, over ir­ May 2, 1969. Applicant: KREIDER ucts, and meat byproducts, and articles regular routes, transporting: Concrete TRUCK SERVICE, INC., 8003 Collins­ distributed by meat packinghouses, as masonry units, including glazed concrete ville Road, East St. Louis, 111. 62201. defined in sections A and C of appendix I masonry units, from points in the Applicant’s representative: Donald D. to the report in Descriptions in Motor Borough of Media, Delaware County, Pa., Metzler (same address as applicant). Au­ Carrier Certificates, 61 M.C.C. 209 and to points in New York, Connecticut, New thority sought to operate as a common 766, except commodities in bulk, in tank Jersey, Delaware, Maryland, Virginia, carrier, by motor vehicle, over irregular vehicles, and hides, from Omaha, Nebr., Massachusetts, Rhode Island, and the routes, transporting: (1) Malt syrup, in and Council Bluffs, Iowsf, to points in District of Columbia, and damaged or bulk, in tank vehicles, from Peoria, 111., Colorado, Connecticut, líela ware, Dis­ refused shipments, on return. N o t e : Ap­ to points in Michigan, and (2) syrup trict of Columbia, Indiana, Kansas, plicant states it does not intend to tack, coloring (burnt sugar caramel), in bulk, Maine, Maryland, Massachusetts, Michi­ and is apparently willing to accept a in tank vehicles, from the plantsite of gan, Missouri, New Hampshire, New Jer­ restriction against tacking, if warranted. Sethness Products Co. at Clinton, Iowa, sey, New York, Ohio, Pennsylvania, The purpose of this republication is to to Chicago, HI., and points in its com­ Rhode Island, Vermont, Virginia, West show the correct docket number. If a mercial zone. N o t e : Applicant states it Virginia, and Wisconsin. N o t e : Appli­ hearing is deemed necessary, applicant does not intend to tack, and is appar­ cant states it does not intend to tack, and requests it be held at Philadelphia, Pa. ently willing to accept a restriction is apparently willing to accept a restric­ No. MC 115311 (Sub-No. 99), filed against tacking, if warranted. If a hear­ tion against tacking, if warranted. If a May 8, 1969. Applicant: J & M TRANS­ ing is deemed necessary, applicant re­ hearing is deemed necessary, applicant PORTATION CO., INC., Post Office Box quests it be held at Chicago, 111., or Mil­ requests it be held at Chicago, 111. 488, Milledgeville, Ga. 31061. Applicant’s waukee, Wis. No. MC 114737 (Sub-No. 6), filed April representative: Paul M. Danieli, 1600 No. MC 114211 (Sub-No. 123) (Correc­ 30, 1969. Applicant: O. A. WOODY, do­ First Federal Building, Atlanta, Ga. tion) , filed April 7, 1969, published F e d ­ ing business as O and A FILM LINES, 30303. Authority sought to operate as a er a l R e g is t e r issue of May 1, 1969, and 14th and Avenue G, Lubbock, Tex. 79401. common carrier, by motor vehicle, over republished in part, as corrected, this Applicant’s representative: Warren A. irregular routes, transporting: Cement, issue. Applicant: WARREN TRANS­ Goff, 2111 Sterick Building, Memphis, cement products and lime, (1) from PORT, INC., 305 Whitney Road, Post Tenn. 38103. Authority sought to operate points in Muscogee County, Ga., to points Office Box 420, Waterloo, Iowa 50704. as a common carrier, by motor vehicle, in Alabama, Florida, and Georgia, (2) Applicant’s representative: Charles over irregular routes, transporting: Gen­ from Chattanooga, Tenn., to points in Singer, 33 North Dearborn Street, Suite eral commodities (except classes A and Muscogee County, Ga. N o t e : Applicant 1625, Chicago, 111. 60602. * * * (1) from B explosives, household goods as defined states it does not intend to tack, and ports of entry on the international in 17 M.C.C. 467, commodities in bulk, apparently is willing to accept a restric­ boundary line between the United States and livestock), restricted so that no serv­ tion against tacking, if warranted. If a and Canada located at Detroit and Port ice shall be rendered in the transporta­ hearing is deemed necessary, applicant Huron, Mich. * * * The purpose of this tion of any parcels, packages, or articles requests it be held at Atlanta, Ga. partial republication is to show Port weighing in the aggregate more than 100 No. MC 116325 (Sub-No. 62), filed Huron, Mich., in lieu of Fort Huron, pounds from one consignor at any one May 9, 1969. Applicant: JENNINGS Mich., as previously published. The rest location to one consignee at any one BOND, doing business as BOND ENTER­ of the application remains as previously location on any one day. Between points PRISES, Box 8, Lutesville, Mo. 63762. published. located in an area bounded by a line Authority sought to operate as a common No. MC 114273 (Sub-No. -42), filed beginning at the Texas-New Mexico carrier, by motor vehicle, over irregular May 8,1969. Applicant: CEDAR RAPIDS State line near Farwell, Tex., extending routes, transporting: Steel highway

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 No. 103-----9 8334 NOTICES guard rails, guard rail post and other routes, transporting: Meats, meat prod­ Detroit, Mich.; Minneapolis, Minn.; related products, from Lima, Ohio, to ucts, and meat "byproducts, *and articles Cleveland, Hamilton, and Marion, Ohio; points In Iowa, Missouri, Texas, Okla­ distributed by meat packinghouses, as de­ and Green Bay, Wis.; to points in Colo­ homa, Arkansas, Colorado, Kansas, Ne­ scribed in sections A and C of appendix I rado, Connecticut, Delaware, Illinois, braska, South Dakota, and New Mexico. to the report in Descriptions in Motor Indiana, Iowa, Kansas, Kentucky, Lou­ N o t e : Applicant states it does not intend Carrier Certificates, 61 M.C.C. 209 and isiana, Maryland, Massachusetts, Michi­ to tack, and is apparently willing to ac­ 766 (except hides and commodities in gan, Minnesota, Missouri, Nebraska, New cept a restriction against tacking, if war­ bulk), from Madison, Wis., to points in Jersey, New York, North Dakota, Ohio, ranted. If a hearing is deemed necessary, Connecticut, Delaware, Maine, Maryland, Pennsylvania, Rhode Island, South Da­ applicant requests it be held at Detroit, Massachusetts, New Hampshire, New kota, Texas, West Virginia, and Wiscon­ Mich., or Chicago, HI. Jersey, New York, Pennsylvania, Rhode sin; (2) from Danbury, Conn.; Baltimore No. MC 116763 (Sub-No, 149), filed Island, Vermont, Virginia, West Virginia, and Cambridge, Md.; Edison, N.J.; Long May 15,1969. Applicant: CARL SUBLER and the District of Columbia, restricted Island City and Maspeth, N.Y.; and Fair­ TRUCKING, INC., North West Street, to traffic originating at Madison, Wis. less and Hanover, Pa.; to points in Illi­ Versailles, Ohio 45380. Authority sought Note: Applicant states it does not intend nois, Indiana, Iowa, Kentucky, Michigan, to operate as a common carrier, by motor to tack, and is apparently Willing to ac­ Minnesota, Missouri, Ohio, and Wiscon­ vehicle, over irregular routes, transport­ cept a restriction against tacking, if war­ sin. N o t e : Applicant states it does not ing: (1) Clay tile and related items, from ranted. If a hearing is deemed neces­ intend to tack, and apparently is willing Lakeland, Fla., to points in Colorado, sary, applicant does not specify a to accept a restriction against tacking, if Connecticut, Delaware, Georgia, Maine, location. warranted. If a hearing is deemed neces­ Maryland, Massachusetts, New Hamp­ No. MC 118527 (Sub-No. .6), filed sary, applicant requests it be held at shire, New Jersey, New York,' North May 12, 1969. Applicant: SOURDOUGH Chicago, HI., or Washington, D.C. Carolina, Pennsylvania, Rhode Island, EXPRESS, INC., Post Office Box 288, No. MC 119767 (Sub-No. 221), filed South Carolina, Vermont, Virginia, West Fairbanks, Alaska 99701. Applicant’s May 5, 1969. Applicant: BEAVER Virginia, and the District of Columbia, representative: John M. Stem, Jr., Box TRANSPORT CO., a corporation, 100 and (2) commodities used in the manu- 1672, Anchorage, Alaska 99501. Authority South Calumet Street, Burlington, Wis. faturing distribution, and/or installation sought to operate as a common carrier, by 53105. Applicant’s representative: A. of clay tile (except in bulk), on return. motor vehicle, over irregular routes, Bryant Torhorst (same address as appli­ N o t e : Applicant states no duplicating transporting: General commodities (ex­ cant) . Authority sought to operate as a authority is being sought. If a hearing is cept those of unusual value, classes A and common carrier, by motor vehicle, over deemed necessary, applicant requests it B explosives, and household goods as de­ irregular routes, transporting: Lactose, be held at Tampa or Orlando, Fla. fined by the Commission), between points from Bongards and Winsted, Minn., and No. MC 117031 (Sub-No. 7), filed in Alaska north of the south bank ’of Mayville, Wis., to St. Louis, Mo., and points in Indiana, Michigan, and Ohio. May 14, 1969. Applicant: BROWN YAN­ the Yukon River. N o t e : Applicant states CEY, New Bloomfield, Mo. 65063. Appli­ tacking or joinder is intended at all N o t e : Applicant indicates joinder at the cant’s representative: Joseph R. Nacy, points on the Yukon River common with above origins to serve additional Minne­ 117 West High Street, Post Office Box present and intended authority, and sota and South Dakota origins. If a hear­ 352, Jefferson City, Mo. 65101. Authority service between points in present author­ ing is deemed necessary, applicant re­ sought to operate as a common carrier, ity including Fairbanks and points in quests it be held at Minneapolis, Minn., or by motor vehicle, over irregular routes, intended authority would be provided. Madison, Wis. transporting: Mill feed, in bags and in Common control may be involved. If a No. MC 119777 (Sub-No. 148), filed bulk, between points in Cole, Callaway, hearing is deemed necessary, applicant April 30, 1969. Applicant: LIGON SPE­ Boone, and Osage Counties, Mo., on the requests it be held at Fairbanks or An­ CIALIZED HAULER, INC., Post Office one hand, and, on the other, points in Drawer L, Madisonville, Ky. 42431. Ap­ chorage, Alaska. plicant’s representative: Wilburn L. Wil­ Linn, Johnson, Jones, Cedar, Muscatine, No. MC 118785 (Sub-No. 5), filed and Scott Counties, Iowa. N o t e : Appli­ liamson, 600 Leininger Building, Okla­ cant states it could tack at points in Cole, May 9, 1969. Applicant: AMERICAN homa City, Okla. 73112. Authority sought Callaway, and Osage Counties, Mo., per­ CASKET EXPRESS CO., a corporation, to operate as a common carrier, by motor mitting the destination named above to 1010 Second National Building, Cincin­ vehicle, over irregular routes, transport­ be served from East St. Louis, HU nati, Ohio 45202. Applicant’s represent­ ing: (1) Plywood and particleboard, Leavenworth, Kans., and Memphis, ative: Theodore K. High, 2208 Central from the plantsite of Georgia Pacific Tenn. If a hearing is deemed necessary, Trust Tower, Cincinnati, Ohio 45202. Au­ Corp. at or near Taylorsville, Miss., to applicant requests it be held at Jefferson thority sought to operate as a common points in Alabama, Arkansas, Florida, City, St. Louis, or Kansas City, Mo. carrier, by motor vehicle, over irregular Georgia, Illinois, Indiana, Iowa, Kansas, routes, transporting: Coffins and burial Michigan, Minnesota, Missouri, Ne­ No. MC 117304 (Sub-No. 16), filed caskets, from Connersville, Ind., to points May 7, 1969. Applicant: DON PAFFILE, in the United States (except Indiana, braska, North Carolina, Ohio, Okla­ doing business as PAFFILE TRUCK homa, South Carolina, Texas, Virginia, Alaska, and Hawaii). N o t e : Applicant LINES, 2906 29th Street North, Lewiston, West Virginia, and Wisconsin; (2) par­ states it does not intend to tack, and is ticleboard, from the plantsite of Georgia - Idaho 83501. Authority sought to op­ apparently willing to accept a restriction erate as a common carrier, by motor ve­ Pacific Corp. at or near Taylorsville, against tacking, if warranted. If a hear­ Miss., to points in Kentucky, Tennessee, hicle, over irregular routes, transporting: ing is deemed necessary, applicant re­ and Louisiana. N o t e : Applicant is au­ Wood chips, sawdust and shavings, in quests it be held at Cincinnati, Ohio, or bulk, in special equipment, between thorized to operate as a contract carrier points in Boundary, Bonner, Kootenai, Indianapolis, Ind, under MC 129670, therefore, dual opera­ Benewah, Shoshone, Latah, and Nez No. MC 119531 (Sub-No. 116), filed tions may be involved. Applicant states April 23, 1969. Applicant: DIECK- Perce Counties, Idaho. N o t e : Applicant it does not intend to tack, and is ap­ states it does not intend to tack, and BRADER EXPRESS, INC., 5391 Wooster parently willing to accept a restriction is apparently willing to accept a restric­ Road, Cincinnati, Ohio 45226. Appli­ against tacking, if warranted. If a hear­ tion against tacking, if warranted. If a cant’s representative: Charles W. Singer, ing is deemed necessary, applicant re­ hearing is deemed necessary, applicant 33 North Dearborn Street, Suite 1625, quests it be held at Little Rock, Ark., or requests it be held at Spokane, Wash. Chicago, 111. 60602. Authority sought to Shreveport, La. No. MC 117883 (Sub-No. 124), filed operate as a common carrier, by motor No. 119777 (Sub-No. 150), filed May 9, April 30, 1969. Applicant: SUBLER vehicle, over irregular routes, transport­ 1969. Applicant: LIGON SPECIALIZED TRANSFER, INC., 791 East Main Street, ing: Metal containers, metal container HAULER, INC., Post Office Drawer L, Versailles, Ohio 45380. Applicant’s rep­ ends, and accessories; and materials, Madisonville, Ky. 42431. Applicant’s rep­ resentative: Edward J. Subler, Post Of­ equipment, and supplies used in the man­ resentative: Louis J. Amato, Post Office fice Box 62, Versailles, Ohio 45380. Au­ ufacture, sale, and distribution of metal Box E, Bowling Green, Ky. 42101. Au- ] thority sought to operate as a common containers and metal container ends; thority sought to operate as a common carrier, by motor vehicle, over irregular (1) from Chicago and Rockford, HI.; carrier, by motor vehicle, over irregular j

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8335 routes, transporting: (1) Wood fiber- ranted. If a hearing is deemed necessary, No. MC 123405 (Sub-No. 25), filed board, wood fiberboard faced or finished applicant requests it be held at Jackson, May 8, 1969. Applicant: FOOD TRANS­ with decorative or protective materials; Miss., or Memphis, Term. PORT, INC., Post Office Box 1041, York, and (2) accessories and supplies used in No. MC 123060 (Sub-No. 4), filed April Pa. 17405. Applicant’s representative: the installation of the commodities in 23, 1969. Applicant: AIR LINE EX­ Christian V. Graf, 407 North Front (1) above, from Elkhart, Ind., to points PRESS, INC., 1110 Hempstead Turnpike, Street, Harrisburg, Pa. 17101. Authority in North Dakota, South Dakota, Ne­ Uniondale, N.Y. 11553. Applicant’s rep­ sought to operate as a common carrier, braska, Colorado, and New Mexico and resentative: Herbert Burstein, 160 by motor vehicle, over irregular routes, points in all States east thereof. N o t e : Broadway, New York, N.Y. 10038. Au­ transporting: Canned goods, from Mc­ Applicant states it does not not intend thority sought to operate as a common Allen, Tex., to New Freedom, Pa. N o t e : to tack, and is apparently willing to ac­ carrier, by motor vehicle, over irregular If a hearing is deemed necessary, appli­ cept a restriction against tacking, if war­ routes, transporting: General commodi­ cant requests it be held at Harrisburg, ranted. Applicant holds contract carrier ties (except those of unusual value, Pa., or Washington, D.C. authority under MC 126970 and Subs, classes A and B explosives, commodities No. MC 123993 (Sub-No. 8), filed therefore, dual operations may be in­ in bulk, and commodities requiring spe­ May 2, 1969. Applicant: FOGLEMAN volved. If a hearing is deemed necessary, cial equipment), between John F. Ken­ TRUCK LINE, INC., Post Office Box applicant requests it be held at Chicago, nedy International Airport and La- 1504, Crowley, La. 70526. Applicant’s m. Guardia Airport, New York, N.Y., West­ representative: Austin L. Hatchell, 1102 No. MC 123048 (Sub-No. 153), filed chester County Airport, White Plains, Perry Brooks Building, Austin, Tex. May 12, 1969. Applicant: DIAMOND N.Y., McArthur Airport, Islip, N.Y., 78701. Authority sought to operate as a TRANSPORTATION SYSTEM, INC., Newark Municipal Airport, Newark, common carrier, by motor vehicle, over 1919 Hamilton Avenue, Racine, Wis. N.J., and McGuire Air Force Base, irregular routes, transporting: General Applicant’s representatives: Paul C. Wrightstown, N.J., on the one hand, and, commodities (except those of unusual Gartzke, 121 West Doty Street, Madison, on the other, points in Winchester, Rock­ value, household goods as defined by the Wis. 53703, and Paul Martinson, Post land, Duchess, Orange, and Putnam Commission, commodities in bulk, com­ Office Box A, Racine, Wis. 53401. Author­ Counties, N.Y., and all points in Con­ modities requiring special equipment, dry ity sought to operate as a common car­ necticut; restricted to shipments having fertilizer, dry fertilzer ingredients, and rier, by motor vehicle, over irregular an immediately prior or subsequent dry fertilizer materials, fertilizer, fer­ routes, transporting: (A)(1) Agricultural movement by air, over irregular routes. tilizer solutions and materials, herbicides, and food processing and handling ma­ N o t e : Applicant states it does not intend fungicides, pesticides, industrial urea, in chinery and implements, (2) metal boxes, to tack, and apparently is willing to ac­ bags, dried fruits and nuts, in containers, street cleaners, beach cleaners and rock cept a restriction against tacking if war­ and foodstuffs, in cans or bottles), be­ pickers, and (3) parts and attachments ranted. If a hearing is deemed necessary, tween the plant or warehouse facilities of for (1) and (2) above, from Gering, applicant requests it be held at New the Procter & Gamble Co. and its sub­ Nebr., to points in Alabama, Arkansas, York, N.Y. sidiaries in Alexandria, La., or its com- Connecticut, Delaware, Florida, Georgia, No. MC 123282 (Sub-No. 7), filed merical zone, on the one hand, and, on Illinois, Indiana, Iowa, Kansas, Ken­ April 21, 1969. Applicant: McKINLAY on the other, points in Mississippi, those tucky, Louisiana, Maine, Maryland, Mas­ TRANSPORT LIMITED, 1185 Dundas in Florida west of the Apalachicola River sachusetts, Michigan, Minnesota, Mis­ Highway East, Cooksville Post Office; in Escambia, Santa Rosa, Oakaloosa, sissippi, Missouri, Nebraska, New Hamp­ Dixie, Ontario, Canada. Applicant’s rep­ Walton, Holmes, Jackson, Washington, shire, New Jersey, New York, North resentative: Thomas J. Runfola, 631 Bay, Gulf, and Calhoun Counties, those Carolina, North Dakota, Ohio, Oklahoma, Niagara Street, Buffalo, N.Y. 14201. Au­ in Baldwin, Barbour, Bullock, Butler, Pennsylvania, Rhode Island, South thority sought to operate as a common Choctaw, Clarke, Coffee, Conecuh, Cov­ Carolina, South Dakota, Tennessee, carrier, by motor vehicle, over irregular ington, Crenshaw, Dale, Escambia, Texas, Vermont, Virginia, West Virginia, routes, transporting: General commodi­ Geneva, Henry, Houston, Marengo, and Wisconsin; and (B) equipment, ma­ ties (except those of unusual value, Mobile, Monroe, Pike, Washington, and terials, and supplies used in the manu­ classes A and B explosives, household Wilcox Counties, Ala. N o t e : Applicant facture and distribution of the commodi­ goods as defined by the Commission, and holds contract carrier authority under ties described in (A) above, from points commodities requiring special equip­ Docket No. MC 41116 and Subs, there­ in the destination States named in (A) ment), between ports of entry on the fore, dual operations may be involved.. above, to Gering, Nebr. N o t e : Applicant United States-Canada boundary line on Applicant states it does not intend to states it does not intend to tack, and is the Niagara River, on the one hand, tack, and is apparently willing to accept apparently willing to accept a restriction and, on the other, Niagara Falls and a restriction against tacking, if war­ against tacking, if warranted. Applicant Buffalo, N.Y., and restricted to the trans­ ranted. If a hearing is deemed neces­ further states no duplicating authority is portation of shipments' moving to or sary, applicant requests it be held at sought. If a hearing is deemed necessary, from points in Canada. N o t e : Common Washington, D.C. applicant requests it be held at Denver, control and dual operations may be in­ volved. If a hearing is deemed necessary, No. MC 124211 (Sub-No. 128), filed Colo., or, Cheyenne or Laramie, Wyo. May 6, 1969. Applicant: HILT TRUCK No. MC 123048 (Sub-No. 154), filed applicant requests it be held at Buffalo, LINE, INC., 1415 South 35th Street, Post May 13, 1969. Applicant: DIAMOND N.Y. No. MC 123393 (Sub-No. 200), filed Office Box H, Council Bluffs, Iowa 51501. TRANSPORTATION SYSTEM, INC., Applicant’s representative: Thomas L. 1919 Hamilton Avenue, Post Office Box A, May 5, 1969. Applicant: BILYEU RE­ FRIGERATED TRANSPORT COR­ Hilt (same address as above). Au­ Racine, Wis. 53401. Applicant’s repre­ thority sought to operate as a com­ sentatives: Paul C. Gartzke, 121 West PORATION, 2105 East Dale, Springfield, mon carrier, by motor vehicle, over irreg­ Doty Street, Madison, Wis. 53703. and Mo. 65803. Applicant’s representative: Bill Bilyeu, Post Office Box 948, Com­ ular routes, transporting: Meats, meat Paul Martinson (same address as appli­ products and meat byproducts, dairy cant). Authority sought to operate as a mercial Station, Springfield, Mo. 65803. Authority sought to operate as a common products, and articles distributed by meat common carrier, by motor vehicle, over packinghouses, as defined in sections A, irregular routes, transporting: (1) Agri­ carrier, by motor vehicle, over irregular routes, transporting: Candy and con­ B, and C of appendix I to the report in cultural implements, farm machinery, Descriptions in Motor Carrier Certifi­ and farm equipment, from Hernando, fectionery, from Centralia and Ashley, HI., to points in Arizona, California, cates, 61 M.C.C. 209 and 766 (except com­ Miss., to points in the United States (ex­ modities in bulk, in tank vehicles, and Nevada, New Mexico, and Oregon. N o t e : cept Alaska); and (2) parts of the com­ except hides), and foodstuffs, from Coun­ modities described in (1) above, from Applicant states it does not intend to tack, and is apparently willing to accept cil Bluffs, Iowa, Omaha, Nebr., and points Boise, Idaho, to Hernando, Miss. N o t e : a restriction against tacking, if war­ in their respective commercial zones, to Applicant states it does not intend to ranted. If a hearing is deemed necessary, points in Connecticut, Delaware, District tack, and is apparently willing to accept applicant requests it be held at St. JLouis, of Columbia, Illinois, Indiana, Iowa, a restriction against tacking, if war­ Mo., or Springfield, 111. Kansas, Kentucky, Maine, Maryland,

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8336 NOTICES Massachusetts, Michigan, Minnesota, Morrison, 717 Deposit Guaranty National sary, applicant requests it be held at Missouri, Nebraska, New Hampshire, New Bank Building, Post Office Box 22628, Washington, D.C. Jersey, New York, North Dakota, Ohio, Jackson, Miss. 39205. Authority sought No. MC 126276 (Sub-No. 15) (Amend­ Pennsylvania, Rhode Island, South Da­ to operate as a contract carrier, by ment), filed March 6, 1969, published in kota, Tennessee, Vermont, Wisconsin, motor vehicle, over irregular routes, the F e d e r a l R e g is t e r issue of April 10, and Wyoming; Restrictions: The author­ transporting: Manufactured fertilizer 1969, and republished as amended this ity sought herein is restricted (1) against and urea, in bulk, from Canton, issue. Applicant: FAST MOTOR SERV­ tacking or joining with carriers present Hattiesburg, Meridian, New Albany, ICE, INC., 12855 Ponderosa Drive, Paolos authority for purposes of performing a Pascagoula, and Yazoo City, Miss., to Heights, 111. Applicant’s representative: through service; and (2) to the extent points in Alabama, Arkansas, Florida, Robert H. Levy, 29 South La Salle Street, that it duplicates any authority hereto­ Georgia, Louisiana, Missouri, Tennessee, Chicago, 111. 60603. Authority sought to fore granted to or now held by carrier, and Texas, under contract with Missis­ operate as a contract carrier, by motor shall not be construed as conferring more sippi Chemical Corp. and Coastal Chem­ vehicle, over irregular routes, transport­ than one operating right, severable by ical Corp. If a hearing is deemed neces­ ing; Metal containers, container com­ sale or otherwise. N o t e : If a hearing is sary, applicant requests it be held at ponents and ends; and steel, tin, and deemed necessary, applicant requests it Jackson, Miss. aluminum tops and closures, from the be held at Omaha, Nebr. No. MC 125708 (Sub-No. 113) (Cor­ plantsite and/or facilities of Crown Cork No. MC 124813 (Sub-No. 67), (Amend­ rection) , filed April 8, 1969, published in & Seal Co., Inc., at Kankakee and Brad­ ment), filed April 25, 1969, published in F e d e r a l R e g is t e r issue of May 8, 1969, ley, HI., to points in Indiana, Michigan, F e d e r a l R e g is t e r issue of May 15, 1969, and republished, as corrected, this issue. Kentucky, Missouri, Iowa, Wisconsin, amended April 24, 1969, and republished Applicant: HUGH MAJOR, 150 Sinclair and Minnesota, under contract with as amended this issue. Applicant: UM- Avenue, South Roxana, 111. 62087. Au­ Crown Cork & Seal Co., Inc. N o t e : The THUN TRUCKING CO., a corporation, thority sought to operate as a common purpose of this republication is to include 910 South Jackson, Eagle Grove, Iowa carrier, by motor vehicle, over irregular Minnesota as a destination State. If a 50533. Applicant’s representative: Wil­ routes, transporting: Pallets and lum­ hearing is deemed necessary, applicant liam A. Landau, 1451 East Grand Avenue, ber; (1) from points in Madison County, requests it be held at Chicago, HI, Des Moines, Iowa 50306. Authority sought HI., and Belle Plaine, Iowa, to points No. MC 126597 (Sub-No. 1), filed to operate as a common carrier, by motor in Hlinois, Indiana, Iowa, Michigan, April 30, 1969. Applicant: ARTHUR vehicle, over irregular routes, transport­ Minnesota, Mississippi, Ohio, and Wis­ HARVEY, doing business as A. HARVEY ing: Feed, insecticides, animal and consin; (2) from Illinois, Indiana, Iowa, TRUCKING, 2571 Fischer, Detroit, Mich. poultry tonics, livestock and poultry Michigan, Minnesota, Missouri, Ohio, 48214. Applicant’s representative: Arthur feeders, and related advertising matter and Wisconsin to points in Madison P. Boynton, 1600 First Federal Building, and premium merchandise, from the County, HI., and Belle Plaine, Iowa; (3) Detroit, Mich. 48226. Authority sought plant of Moorman Manufacturing Co., at from points in Adams, Bond, Brown, Cal­ to operate as a contract carrier, by motor Alpha and Quincy, 111., to points in houn, Cass, Champaign, Christian, Clark, vehicle, over irregular routes, transport­ Wright County, Iowa. N o t e : Applicant Coles, Crawford, Cumberland, De Witt, ing: (1) Fire brick and fire clay, from the states it does not intend to tack, and ap­ Douglas, Edgar, Effingham, Fayette, plantsite of Robinson Clay Products Co., parently is willing to accept a restriction Ford, Fulton, Greene, Iroquois, Jasper, at or near Parral, Ohio, to points in the against tacking, if warranted. Applicant Jersey, Livingston, Logan, Macon, Ma­ Lower Peninsula of Michigan; (2) flue holds contract authority under MC coupin, Madison, Mason, McLean, lining and drain tile, from the plantsite 118468 Sub 16, therefore dual operations Menard, Montgomery, Morgan, Moultrie, of Malvern Flue Lining, Inc., at or near may be involved. The purpose of this re­ Peoria, Piatt, Pike, Sangamon, Schuyler, Malvern, Ohio, and the plantsite of Kopp publication is to add Alpha, 111., as an Scott, Shelby, Tazewell, Vermilion, Clay Co., at or near Mineral City, Ohio, origin point. If a hearing is deemed nec­ Woodford Counties, HI., to points in to points in the Lower Peninsula of essary, applicant requests it be held at Hlinois, Indiana, Iowa, Kansas, Ken­ Michigan, under a continuing contract Des Moines, Iowa. tucky, Michigan, Minnesota, Missouri, with L. T. Elsey & Son, Grosse Pointe No. MC 125375 (Sub-No. 4) (Correc­ Ohio, Oklahoma, Tennessee, Texas, and Woods, Mich., in Nos. (1) and (2) above; tion) , filed April 28, 1969, published F e d ­ Wisconsin; and (4) from Hlinois, Indi­ (3) brick, from points in Scioto, Law­ er a l R e g is t e r , issue of May 15, 1969, as ana, Iowa, Kansas, Kentucky, Michigan, rence, Gallia, Jefferson, Jackson, Stark, No. MC 133678, and republished as cor­ Minnesota, Missouri, Ohio, Oklahoma, Tuscarawas, Mahoning, Carroll, and Co­ rected this issue. Applicant: F. B. Tennessee, Texas, Wisconsin, to Illinois lumbiana Counties, Ohio, and Clay, Mor­ GUEST, doing business as F. B. G. counties listed in part (3) above. N o t e : gan, and Greene Counties, Ind., to points TRANSPORT, Route 5, Box 95A, Coving­ Applicant states Arkansas could be in Livingston, Macomb, Monroe, Oak­ ton, Ga. 30209. Applicant’s representa­ served by tacking if this application is land, St. Clair, Washtenaw, and Wayne tive: Monty Schumacher, Suite 310, 2045 granted in addition to the States sought Counties, Mich.; (4) brick, from points in Peachtree Road NE., Atlanta, Ga. 30309. in the instant application. The purpose Ohio, Indiana, and Illinois, to points in Authority sought to operate as a con­ of this republication is to include the Genessee, Bay, Midland, and Saginaw tract carrier, by motor vehicle, over ir­ State of Kansas in the destination ter­ Counties, Mich., under continuing con­ regular routes transporting: Cottage ritory in (3) above which was inadvert­ tracts with Cadillac Brick Co., and Met­ cheese, in vehicles equipped with me­ ently omitted in the previous publica­ chanical refrigeration, from Rock Is­ ropolitan Clay Products Co., Detroit, tion. If a hearing is deemed necessary, Mich., in Nos. (3) and (4) above. N o t e : land, HI., to the warehouse of Winn- applicant requests it be held at St. Louis, If a hearing is deemed necessary, appli­ Dixie Stores, Inc., located in the Great Mo., or Washington, D.C. Southwest Industrial Area, Fulton cant requests it be held at Detroit, Mich. No. MC 126142 (Sub-No. 4), filed No. MC 126956 (Sub-No. 1), filed County, Ga. (near Atlanta, Ga.), under May 8, 1969. Applicant: GLEASON contract with Borden, Inc. N o t e : The May 14, 1969. Applicant: NORTHLAND purpose of this republication is to show TRANSPORTATION CO., INC., Rock­ TRANSPORT, INC., 1803 42d Avenue that applicant seeks to operate as a con­ ingham Road, Rockingham, Vt. 05101. East, Superior, Wis. 54884. Applicant’s tract carrier, rather than as a common Applicant’s representative: Frederick T. representative: Donald L. Stem, 630 carrier as shown in previous publication; O’Sullivan, 372 Granite Avenue, Milton, City National Bank Building, Omaha, and also to show the new docket num­ Mass. 02186. Authority sought to operate Nebr. 68102. Authority sought to operate ber assigned thereto. If a hearing is as a common carrier, by motor vehicle, as a contract carrier, by motor vehicle, deemed necessary, applicant requests it over irregular routes, transporting: over irregular routes, transporting: (1) be held at Atlanta, Ga. Salted butter, from Ogdensburg and Frozen fruits and frozen berries, from Champlain, N.Y., to Burlington and Rut­ No. MC 125473 (Sub-No. 8), filed May points in the Lower Peninsula of Michi­ 8, 1969. Applicant: YAZOO TRUCKING land, Vt. N o t e : Applicant states it does gan and points in Door, Kewaunee, and CO., INC., 1633 Highway 49 E, Post Of­ not intend to tack, and is apparently will­ Brown Counties, Wis., to Duluth, Minn.; ing to accept a restriction against tack­ and (2) new and used empty containers, fice Box 625, Yazoo City, Miss. 39194. ing, if warranted. Common control may from Duluth, Minn., to points in the Applicant’s representative: Donald B. be involved. If a hearing is deemed neces­ Lower Peninsula of Michigan and points

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8337’ in Door, Kewaunee, and Brown Counties, materials, from Salisbury, Md., to Phil­ No. MC 129809 (Sub-No. 4), filed May Wis.; under contract with Jeno’s Inc. adelphia, Pa., under contract with Celo- 8, 1969. Applicant:-A & H, INC., Foot- Note: If a hearing is deemed necessary, tex Corp., of Tampa, Fla. N o t e : If a ville, Wis. 53537. Applicant’s representa­ applicant requests it be held at Duluth, hearing is deemed necessary, applicant tive: David J. MacDougall, 1 East Mil­ Minn. requests it be held at Philadelphia, Pa., waukee Street, Suite 305, Janesville, Wis. No. MC 127215 (Sub-No. 46), filed or Washington, D.C. 53545. Authority sought to operate as a April 17, 1969. Applicant: KENDRICK No. MC 129387 (Sub-No. 7), filed contract carrier, by motor vehicle, over CARTAGE CO., a corporation, Post April 28, 1969. Applicant: BILL PAYNE, irregular routes, transporting: Cheese, Office Box 63, Salem, 111. 62881. Appli­ doing business as BILL PAYNE TRUCK­ butter, and yeast, from points in Wis­ cant’s representative: W. C. Kendrick ING COMPANY, Highway 14 East, consin to points in Massachusetts, New (same address as applicant). Authority Huron, S. Dak. 57350. Applicant’s repre­ York, Pennsylvania, Connecticut, New sought to operate as a common carrier, sentative: Mead Bailey, 809 National Jersey, and Rhode Island, for the account by motor vehicle, over irregular routes, Bank of South Dakota Building, Sioux of Universal Foods Corp. N o t e ; If a hear­ transporting: Coal tar and coal tar prod­ Falls, S. Dak. 57102. Authority sought to ing is deemed necessary, applicant re­ ucts, in bulk, from Granite City, 111., to operate as a common carrier, by motor quests it be held at Milwaukee or Madi­ points in the United States (except vehicle, over irregular routes, transport­ son, Wis. Alaska and Hawaii). Note: Applicant ing: Meats, meat products, and meat by­ No. MC 133176 (Sub-No. 1), filed states it does not intend to tack, and is products as described in appendix I sec­ May 2, 1969. Applicant: E. P. I. TRANS­ apparently willing to accept a restriction tion A and articles distributed by meat PORT CO., a corporation, 1844 Ardmore against tacking, if warranted. If a hear­ packinghouses as described in ap­ Boulevard, Pittsburgh, Pa. 15221. Appli­ ing is deemed necessary, applicant re­ pendix I section C of Ex Parte MC-45 cant’s representative: Arthur J. Diskin, quests it be held at Chicago, 111. Descriptions in Motor Carrier Certifi­ 806 Frick Building, Pittsburgh, Pa. 15219. No. MC 128083 (Sub-No. 1), filed May cates, 61 M.C.C. 209 and 766, from meat Authority sought to operate as a contract 13, 1969. Applicant: R. P. CARRIERS, packinghouse plantsites or warehouse carrier, by motor vehicle, over irregular INC., 7551 West 111th Street, Worth, 111. facilities at or near Huron, S. Dak., to routes, transporting: (1) Formed metal 60482. Applicant’s representative: James points in Hlinois, Iowa, Minnesota, building products, metals, and materials R. Madler, 189 West Madison Street, Nebraska' North Dakota, and Wiscon­ used in the manufacture thereof (except Chicago, 111. 60602. Authority sought to sin. Note: Applicant states it does not commodities in bulk), from the plantsite operate as a contract carrier, by motor intend to tack, and is apparently willing of Epic Metals Corp. at Braddock, Pa., to vehicle, over irregular routes, transport­ to accept a restriction against tacking points in Maine, New Hampshire, Ver­ ing: (1) Cabinets, from Shelbyville, Ind., if warranted. If a hearing is deemed mont, Massachusetts, Rhode Island, Con­ to Harvard, Dixon, and Chicago, 111.; necessary, applicant requests it be held necticut, New York, New Jersey, Dela­ and (2) fiberboard, corrugated contain­ at Huron or Sioux Falls, S. Dak., or ware, Maryland, Virginia, District of ers and interior packing forms, from Minneapolis, Minn. Columbia, North Carolina, West Virginia, Chicago, HI., to Shelbyville, Ind. Note: No. MC 129387 (Sub-No. 8), filed May Kentucky, Tennessee, Ohio, Michigan, Applicant states it does not intend to 5, 1969. Applicant: BILL PAYNE, doing Indiana, Illinois, Wisconsin, Minnesota, tack, and is apparently willing to accept business as BILL PAYNE TRUCKING Iowa, Missouri, and Arkansas; and (2) a restriction against tacking, if war­ COMPANY, Highway 14 East, Huron, materials used in the manufacture of ranted. If a hearing is deemed neces­ S. Dak. 57350. Applicant’s representa­ formed metal building products (except sary, applicant requests it be held at tive: Mead Bailey, 809 National Bank of commodities in bulk), from points in the Chicago, 111. South Dakota Building, Sioux Falls, destination States named above, to the No. MC 128404 (Sub-No. 1), filed S. Dak. 57102. Authority sought to oper­ said plantsite of Epic Metals Corp. at May 8, 1969. Applicant: BLACKWOOD ate as a common carrier, by motor ve­ Braddock, Pa., under continuing contract CRANE & TRUCK SERVICE, INC., 104 hicle, over irregular routes, transporting: with Epic Metals Corp. N o t e : If a hearing Busbee Road, Knoxville, Tenn. 27920. Meats, meat products and meat byprod­ is deemed necessary, applicant requests Applicant’s representative: James N. ucts, as described in appendix I section A it be held at Washington, D.C., or Pitts­ Clay in , 2700 Sterick Building, Memphis, and articles distributed by meat packing­ burgh, Pa. Tenn. 38103. Authority sought to oper­ houses as described in appendix I section No. MC 133224 (Correction), filed ate as a common carrier, by motor vehi­ C of Ex Parte MC-45 Descriptions in April 25, 1969, published in F ed e r a l R e g ­ cle, over irregular routes, transporting: Motor Carrier Certificates, 61 M.C.C. 209 is t e r , issue of May 15, 1969, and repub­ Precast and prestressed concrete prod­ and 766, from meat packinghouse plant- lished as corrected this issue. Applicant: ucts with accessories, from Knoxville, sites or warehouse facilities at or near FOLLMER TRANSPORT. INC., Post Tenn., to points in Tennessee, Ala­ Huron, S. Dak., to points in California. Office Box 55, West Milton, Pa. 17886. bama, Mississippi, Arkansas, Louisiana, N o t e : Applicant states it does not intend Applicant’s representative: William P. Texas, Missouri, Georgia, Florida, North to tack, and is apparently willing to ac­ Sullivan, 1819 H Street NW., Washington, Carolina, South Carolina, Virginia, West cept a restriction against tacking, if D.C. 20006. Authority sought to operate Virginia, Kentucky, and Ohio. Note: If warranted. If a hearing is deemed neces­ as a contract carrier, by motor vehicle, a hearing is deemed necessary, applicant sary, applicant requests it be held at over irregular routes, transporting: (1) requests it be held at Knoxville or Nash­ Huron or Sioux Falls, S. Dak. Pulpboard, from the plantsite of National ville, Tenn. No. MC 129574 (Sub-No. 1), filed May Gypsum Co. near Columbia, Pa., to points No. MC 129198 (Sub-No. 4), filed 8, 1969. Applicant: FRANK R. CHUL- in Ohio, West Virginia, Virginia, Mary­ April 23, 1969. Applicant: GLASGOW LINO, doing business as MIDWEST land, New York, New Jersey, Delaware, TRANSPORT, INC., 123 West Park TRANSPORTATION COMPANY, 2802 Connecticut, Massachusetts, and the Dis­ Place, Newark, Del. 19711. Applicant’s Avenue B, Council Bluffs, Iowa 51501. trict of Columbia, and Portsmouth, N.H., representative: Philip F. Hudock, 2400 Applicant’s representative: Einar Viren, and (2) scrap paper and materials and Wilson Boulevard, Suite 300, Arlington, 904 City National Bank Building, Omaha, supplies used in the manufacture and Va. 22201. Authority sought to operate as Nebr. 68102. Authority sought to oper­ distribution of pulpboard from points In a contract carrier, by motor vehicle, over ate as a contract carrier, by motor ve­ Ohio, West Virginia, Virginia, Maryland, irregular routes, transporting: (1) As­ hicle, over irregular routes, transporting: New York, New Jersey, Delaware, Con­ phalt, prepared roofing materials and ac­ Alcoholic beverages (except malt bev­ necticut Massachusetts, and the District cessories, from Philadelphia, Pa., to erages), in containers from points in of Columbia to the plantsite of National points in Virginia' (except points in the Massachusetts, New Jersey, Maryland, Gypsum Co. near New Columbia, Pa., Washington, D.C., commercial zone), Connecticut,' and Missouri, to Omaha, under a continuing contract or contracts and supplies, materials, and equipment Nebr., under contract with Sterling Dis­ with National Gypsum Company of Buf­ used in the manufacture of asphalt and tributing Co., Omaha, Nebr., and United falo, N.Y. N o t e : The purpose of this re­ prepared roofing materials, on return; Distillers Products Co., Omaha, Nebr. publication is to show Portsmouth, N.H., N o t e : If a hearing is deemed necessary, as a destination point in (1) above and and (2) wood chips used in the manu­ applicant requests it be held at Omaha, to include paragraph (2) above inad­ facture of asphalt and prepared roofing Nebr. vertently omitted. If a hearing is deemed

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8338 NOTICES necessary, applicant requests it be held at in (1) (a) above. If a hearing is deemed TRANSPORT, INC., Wheaton, Minn. Washington, D.C. necessary, applicant requests it be held at 56296. Applicant’s representative: Samuel No. MC 133412 (Sub-No. 1), filed Des Moines, Iowa. Rubenstein, 301 North Fifth Street, Min­ May 12, 1969. Applicant: DON FRIDAY, No. MC 133533 (Sub-No. 2), filed April neapolis, Minn. 55403. Authority sought doing business as CLINTON TRUCKING 30,1969. Applicant: B G A TRANSPORT, to operate as a common carrier, by motor COMPANY, 258 21st Place, Clinton, Iowa INC., 13544 Settlemant Acres Drive, vehicle, over irregular routes, transport­ 52732. Applicant's representative: Brookpark, Ohio 44142. Applicant’s rep­ ing: Anhydrous ammonia, in bulk, in George W. Pillers, Jr., 200 Joyce Building, resentative: Bernard S. Goldfarb, 1625 tank vehicles, from the storage facilities Clinton, Iowa 52732. Authority sought to Illuminating Building, 55 Public Square, of Central Farmers Fertilizer Co. located operate as a common carrier, by motor Cleveland, Ohio 44113. Authority sought at or near Spencer, Iowa, to points in vehicle, over irregular routes, transport­ to operate as a contract carrier, by motor Iowa, Minnesota, North Dakota, Ne­ ing: Dead farm animals and mixed vehicle, over irregular routes, transport­ braska, South Dakota, and Wisconsin. scraps, bones and parts thereof, not fit ing: Tin cans with or without tops; plas­ N o t e : Applicant states it does not in­ for human consumption and nonedible, tic pipe and fittings; plastic articles, such tend to tack, and is apparently willing to between points in Illinois and Iowa. as pails, dishes and fabricated plastic accept a restriction against tacking, if N o t e : If a hearing is deemed necessary, articles; injection molding machines; warranted. If a hearing is deemed neces­ applicant requests it be held at Clinton infra red gas heaters, from the ware­ sary, applicant requests it be held at or Davenport, Iowa. houses and plantsites of The Van Dorn Minneapolis, Minn. No. MC 133450 (Sub-No. 1), filed Co., at Cleveland and Conneaut, Ohio; No. MC 133684, filed April 28, 1969. May 8, 1969. Applicant: CLARK Leetsdale, Pa.; Elizabeth, N.J., and Applicant: GORDON FAST FREIGHT, COUNTY WHOLESALE MERCANTILE Tampa, Fla;, on the one hand, and on INC., 605 41st Avenue NE., Puyallup, COMPANY, a corporation, 512 South the other, points in Connecticut, Florida, Wash. 98372. Applicant’s representative: Main Street, Las Vegas, Nev. 89101. niinois, Indiana, Kentucky, Maryland, Joseph O. Earp, 607 Third Avenue, Applicant’s representative: Ernest D. Massachusetts, Michigan, Missouri, New Seattle, Wash. 98104. Authority sought Salm, 3846 Evans Street, Los Angeles, Jersey, New York, Pennsylvania, Rhode to operate as a common carrier, by motor Calif. 90027. Authority sought to operate Island, Virginia, and West Virginia and vehicle, over irregular routes, transport­ as a common carrier, by motor vehicle, materials, supplies and equipment used ing: Malt liquors, in containers, from over irregular routes, transporting: Lime, in the manufacture of the above com­ Vancouver, Wash., to Tacoma and limestone, gypsum plaster, gypsum lath, modities, on return, under contract with Seattle, Wash., restricted to the trans­ and gypsum wallboard, from points in Van Dorn Co., Cleveland, Ohio. N o t e : portation of shipments having an im­ Clark County, Nev., to points in Los If a hearing is deemed necessary, appli­ mediately subsequent movement by Angeles, Orange, Riverside, and San cant requests it be held at Cleveland, water. N o t e : Applicant states that this Bernardino Counties, Calif. N o t e :. If a Ohio, or Washington, D.C. instant application for common carrier hearing is deemed necessary, applicant No. MC 133542 (Sub-No. 1), filed authority duplicates the contract carrier requests it be held at Los Angeles, Calif., May 8, 1969. Applicant: FLOYD WILD, permit authority now held by applicant or Las Vegas, Nev. Post Office Box 91, Marshall, Minn. 56258. which is restricted to service for the No. MC 133490 (Sub-No. 1), filed Applicant’s representative: Samuel Ru­ account of General Brewing Corp. Appli­ May 9, 1969. Applicant: LEE’S TRUCK­ benstein, 301 North Fifth Street, Minne­ cant further states that if the Commis­ ING, INC., 1 19th Avenue South, Min­ apolis, Minn. 55403. Authority sought to sion grants the common carrier au­ neapolis, Minn. 55404. Applicant’s rep­ operate as a contract carrier, by motor thority herein sought, it will surrender resentative: Samuel Rubenstein, 301 vehicle, over irregular routes, transport­ his contract carrier permit No. MC North Fifth Street, Minneapolis, Minn. ing: Fruit juice drinks, imitation maple 128418 for cancellation. The purpose of 55403. Authority sought to operate as a flavored syrup, pancake mixes, and frozen this instant application is that applicant contract carrier, by motor vehicle, over foods, from Marshall, Minn., to points in is filing concurrently, an application to irregular routes, transporting: Precut Hlinois, Indiana, Iowa, Michigan, Ne­ transfer the certificate now held by homes, knocked down, and finishing ma­ braska, North Dakota, Ohio, South Tacoma Hauling Co., Inc., No. MC terials therefor, from Minneapolis, Minn-, Dakota, and Wisconsin, under contract 64798 (Sub-No. 6). Since this involves to points in Wisconsin, Illinois, Upper with Vita-Sun Distributing Co., and common carrier authority to haul malt Peninsula of Michigan, Iowa, Missouri, Schwan’s Sales Enterprises, Inc. N o t e : liquors, it is necessary for applicant to Nebraska, North Dakota, South Dakota, If a hearing is deemed necessary, appli­ “convert” its contract carrier authority and Montana; under contract with cant requests it be held at Minneapolis, to common carrier authority to avoid be­ President Homes Division, Harvey Build­ Minn., or Sioux Falls, S. Dak. ing involved in dual operations. If a ers, Inc. N o t e : If a hearing is deemed No. MC 133581 (Correction), filed hearing is deemed necessary, applicant necessary, applicant requests it be held requests it be held at Seattle, Wash. March 20, 1969, published in F ed e r a l at Minneapolis, Minn. No. MC 133700, filed May 2, 1969. Ap­ No. MC 133515 (Sub-No. 1) (Amend­ R e g is t e r issues of April 24, 1969, and May 8, 1969, and republished as cor­ plicant: DUCKETT TRANSFER COM­ ment) , filed April 7,1969, published F e d ­ PANY, INC., 74 Meadow Road, Asheville, er a l R e g is t e r , issues of May 1, 1969, and rected, this issue. Applicant: HOLDT POTATO COMPANY, INC., Rural Route N.C. 28803. Applicant’s representative: May 22, 1969, amended and republished Philip G. Carson, Suite 705, First Union as amended this issue. Applicant: ART 2, Red Cloud, Nebr. 68970. Applicant’s representative: Frederick J. Coffman, National Bank Building, 82 Patton Ave­ WILSON ENTERPRISES, INC., 3936 nue, Asheville, N.C., 28802. Authority 55th Street, Des Moines, Iowa 50317. Ap­ 521 South 14th Street, Post Office Box 806, Lincoln, Nebr. 68501. Authority sought to operate as a contract carrier, plicant’s representative: William L. Fair- by motor vehicle, over irregular routes, bank, 610 Hubbell Building, Des Moines, sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: Such commodities as are Iowa 50309. Authority sought to operate dealt in by Stanley Home Products con­ as a contract carrier, by motor vehicle, transporting: (1) Dairy products, from Red Cloud, Nebr., to points in Arizona, sisting of assorted beauty and household over irregular routes, transporting: (1) cleaning supplies and goods, from Yogurt, snack dips, ice cream, ice milk, California, and Missouri; and (2) ma­ fruit flavored drinks, dairy products, and terials and supplies used in the manu­ Charlotte and Asheville, N.C., to points vegetable fat products, (a) from Kansas facture and production of dairy products in Avery, Buncombe, Cherokee, Clay, on return, under contract with Don Burke, Graham, Haywood, Henderson, City, Mo., and Pekin, 111., to points in Jackson, Macon, Madison, McDowell, Iowa, Nebraska, South Dakota, and Rock Pauly Cheese, Inc. N o t e : The purpose of Island, HI., (b) between Des Moines, this republication is to show authority Mitchell, Polk, Rutherford, Swain, Iowa, and Rock Island, 111., and (2) ice sought as a contract carrier, in lieu of Transylvania, Yancey Counties, N.C.; cream and ice milk products, from Chi­ common carrier. If a hearing is deemed and Spartenburg and Cherokee Counties, cago, HI., and Milwaukee, Wis., to points necessary, applicant requests it be held S.C.; under contract with Stanley Home in Iowa, under contract with Borden, at Omaha, Nebr. Products. N o t e : If a hearing is deemed Inc. N o t e : The purpose of this republica­ No. MC 133666 (Sub-No. 1), filed necessary, applicant requests It be held tion is to broaden the territory sought May 12, 1969. Applicant: JACOBSON at Asheville or Charlotte, N.C.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8339 No. MC 133701, filed May 5, 1969. Ap­ Nevada, Placer, El Dorado, Amador, Calif. 90042. Applicant’s representative: plicant: TAN LINE, INC., a corpora­ Alpine, Mono, and Solano Counties, Alan F. Wohlstetter, 1 Farragut Square tion, 2 Johnsfield Court, Huntington Calif., under contract with Humble Oil South, Washington, D.C. 20006. Author­ Station, N.Y. 11745. Applicant’s repre­ and Refining Co. N o t e : If a hearing is ity sought under section 410, Part IV of sentative: George A. Olsen, 69 Tonnele deemed necessary, applicant requests it the Interstate Commerce Act for a per­ Avenue, Jersey City, N.J. 07306. Author­ be held at San Francisco, Calif. mit authorizing applicant to continue ity sought to operate as a common car­ No. MC 133732, filed May 12, 1969. Ap­ operations as a freight forwarder in in­ rier, by motor vehicle,. over irregular plicant: D. E. WADE, doing business as terstate or foreign commerce, in the for­ routes, transporting: Baggage and such V. F. CARTER DELIVERY SERVICE, warding of (a) used household goods, personal property usually carried by air­ 750 Gardenia Lane, Jacksonville, Fla. (b) used automobiles, and (c) unaccom­ line passengers, between La Guardia, 32208. Applicant’s representative: Sol H. panied baggage, between points in the John P. Kennedy International, West­ Proctor, 1729 Gulf Life Tower, Jackson­ United States, including Alaska and chester, MacArthur Airports, N.Y., ville, Fla. 32207. Authority sought to op­ Hawaii. Newark, Teterboro Airports, N.J., on the erate as a contract carrier, by motor ve­ No. FF-371, HIGA FAST PAC, INC., one hand, and, on the other, points in hicle, over irregular routes, transporting: Freight Forwarder Application, filed Connecticut, Massachusetts, New Jer­ Appliances, from Jacksonville, Fla., to May 14, 1969. Applicant: HIGA FAST sey, New York, Pennsylvania, Delaware, points in Ware and Loundes Counties, PAC, INC., 465 California Street, San Maryland, and the District of Columbia. Ga.; under contract with General Elec­ Francisco, Calif. 94104. Applicant’s rep­ N o t e : If a hearing is deemed necessary, tric Co. N o t e : If a hearing is deemed resentative: Alan F. Wohlstetter, 1 Far­ applicant requests it be held at New necessary, applicant requests it be held at ragut Square South, Washington, D.C. York, N.Y. Jacksonville, Fla. 20006. Authority sought under section No. MC 133702, filed May 5, 1969. Ap­ 410, Part IV of the Interstate Commerce plicant: NORTHEASTERN LEASING M o t o r C a r r ie r s o f P a s s e n g e r s Act for a permit authorizing applicant to CO., a corporation, Post Office Box 605, No. MC 88080 (Sub-No. 11), filed May continue operations as a freight for­ Emerson, N.J. 07630. Applicant’s repre­ 9, 1969. Applicant: ANZAC TRANSPOR­ warder in interstate or foreign commerce, sentative: William D. Traub, 10 East 40th TATION CO., a corporation, 1001 Board- in the forwarding of (a) used household Street, New York, N.Y. 10016. Authority man Drive, Gallup, N. Mex. 87301. Appli­ goods, (b) used automobiles, and (c) un­ sought to operate as a common carrier, cant’s representative: Edwin E. Piper, accompanied baggage, between points in by motor vehicle, over irregular routes, Jr., 715 Simms Building, Albuquerque, the United States, including Alaska and transporting: General commodities in N. Mex. 87101. Authority sought to oper­ Hawaii. containers or trailers having a prior or ate as a common carrier, by motor ve­ No. FF-372, SUDDATH ENTER­ subsequent movement by water in in­ hicle, over irregular routes, transporting: PRISES, INC., freight forwarder appli­ terstate or foreign commerce, between Passengers and their baggage, in the cation, filed May 19, 1969. Applicant: points in the New York, N.Y., commercial same vehicle with passengers, in charter SUDDATH ENTERPRISES, HSfC., Post zone, as defined by the Interstate Com­ or special operations, between points in Office Box 6(>99, Jacksonville, Fla. 32205. merce Commission. N o t e : If a hearing McKinley, San Juan, and Valencia Applicant’s representative: Herbert Bur- is deemed necessary, applicant requests Counties, N. Mex., and points on the stein, 160. Broadway, New York, N.Y. it be held at New York, N.Y. Navajo and Hopi Indian Reservations, 10038. Authority sought to operate under No. MC 133728, filed May 7, 1969. Ap­ Ariz., on the one hand, and, on the other, section 410, Part IV of the Interstate plicant: THE TORVIK DISTRIBUTING points in Arizona, California, Colorado, Commerce Act for a permit authorizing Idaho, Illinois, Iowa, Kansas, Minnesota, applicant to institute operation as a COMPANY, a corporation, 401 West New Mexico, Oregon, Texas, and Utah. Dakota Avenue, Pierre, S. Dak. 57501. freight forwarder in interstate or foreign N o t e : If a hearing is deemed necessary, Applicant’s representative: Ober L. Tor- commerce, in the forwarding of (a) applicant requests it be held at Albu­ household goods, (b) unaccompanied vik, 341 North Evans Street, Post Office querque, N. Mex. Box 207, Pierre, S. Dak. 575Q1. Authority baggage, and (c) used automobiles, be­ sought to operate as a contract carrier, No. MC 124568 (Sub-No. 3), filed May tween points in the United States, in­ 1, 1969. Applicant: BRITISH COLUM­ cluding Alaska and Hawaii. by motor vehicle, over irregular routes, BIA HYDRO AND POWER AUTHOR­ transporting: Malt beverages in con­ ITY, a corporation, doing business as A p p l i c a t i o n o f W a t e r C a r r ie r s tainers and supplies, signs, and materials PACIFIC STAGE LINES AND ROYAL No. W-318 (Sub-No. 3), EDWIN A. used in the sale and distribution thereof BLUE LINE MOTOR TOURS, 150 Duns- BEERS AND WILLIAM G. M3NNIS, do­ from Minneapolis and St. Paul, Minn., muir Street, Vancouver 3, British Colum­ ing business as, BEERS & MINNIS EX­ Milwaukee, Wis., Omaha, Nebr., and St. bia, Canada. Applicant’s representative: TENSION-TOWAGE (2) filed May 8, Louis, Mo., to Winner, S. Dak. Restric­ W. W. McAulay (same address as appli­ 1969. Applicant: EDWIN A. BEERS AND tion: The operations requested will be cant) . Authority sought to operate as a WILLIAM G. MINNIS, a partnership, limited to a transportation service to be common carrier, by motor vehicle, over doing business as BEERS & MINNIS, 142 performed under a continuing contract irregular routes, transporting: Passen­ World Trade Center, San Francisco, or contracts with Ober L. Torvik, doing gers and their baggage in one way and Calif. 94111. Applicant’s representative: business as The Torvik Distributing Co. round trip charter operations, beginning J. Thomas Rosch, 601 California Street, of Winner, S. Dak. N o t e : If a hearing is and ending at ports of entry in Washing­ San Francisco, Calif. 94108. Application deemed necessary, applicant requests it ton, on the international boundary line of Beers & Minnis filed May 8, 1969, sub­ be held at Pierre, S. Dak. between the United States and Canada ject to Part m of the Interstate Com­ No. MC 133730, filed May 12, 1969. Ap­ and at ports of entry in Washington merce Act, for a revised certificate au­ plicant: FREDERICKSEN TANK LINES, which are the termini of ferry services thorizing extension of its operations to INC., Post Office Box 717, West Sacra­ operating between the United States and include operation as a common carrier, mento, Calif. 95691. Applicant’s repre­ Canada, and extending to points in Idaho in interstate or foreign commerce, by sentative: Marshall G. Berol, 100 Bush and Nevada. N o t e : Applicant states it towing vessels in the towage of non-self- Street, 21st Floor, San Francisco, Calif. intends to tack at the boundaries of Cal­ propelled vessels, loaded and empty, be­ 94104. Authority sought to operate as a ifornia, Oregon, and Washington, to serve tween ports and points on San Francisco, contract carrier, by motor vehicle, over Idaho and Nevada. If a hearing is deemed San Pablo, and Suisan Bays, the Sacra­ irregular routes, transporting: Petroleum necessary, applicant .requests it be held mento River, and on the San Joaquin and petroleum products, in bulk, in tank at Seattle, Wash. River below and including Stockton, vehicles, (1) from points in Contra Costa, Calif., and their tributaries. Solano, Sacramento, and Yolo Counties, A p p l ic a t io n o f F r e ig h t F o r w a r d e r s Calif., to points in Washoe, Humboldt, No. FF-370, DE WITT FREIGHT A pplications i n W h i c h H a n d l in g W i t h ­ Pershing, Lander, Churchill, Storey, FORWARDING, Freight Forwarder Ap­ o u t O ral H e a r in g H a s B e e n R e q u e s t e d Lyon, Douglas, Mineral, and Ormsby plication, filed May 9, 1969. Applicant: No. MC 2633 (Sub-No. 54), filed Counties, Nev., and (2) from Sparks, DE WITT FREIGHT FORWARDING, May 7, 1969. Applicant: CROSSETT, Nev., to points in Lassen, Plumas, Sierra, 6060 North Figueroa Street, Los Angeles, INC., Post Office Box 946, Warren, Pa.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 8340 NOTICES 16365. Applicant’s representative: Ken­ thority sought to operate as a common No. MC 107515 (Sub-No. 660 TA), filed neth T. Johnson, Bank of Jamestown carrier, by motor vehicle, over irregular May 14, 1969. Applicant: REFRIGER­ Building, Jamestown, N.Y. 14701. Au­ routes, transporting: Electrical equip­ ATED TRANSPORT COMPANY, INC., thority sought to operate as a common ment (such as electric outdoor signs, Post Office Box 308, Forest Park, Ga. carrier, by motor vehicle, over irregular either internally or externally illumi­ 30050. Applicant’s representative: B. L. routes, transporting: Petroleum and nated, and parts thereof including poles Gundlach (same address as above). Au­ petroleum products as described in Ap­ and brackets; also, digital readout signs, thority sought to operate as a common pendix XIII to the report in Descriptions including but not limited to athletic carrier, by motor vehicle, over irregular in Motor Carriers Certificates, 61 M.C.C. scoreboards, time and temperature routes, transporting: Salads and sand­ 209, in bulk, in tank vehicles, from points units), requiring the use of special equip­ wich spreads, from (1) Knoxville, Tenn., in McKean County, Pa., to points in Ohio ment between Pardeeville, Wis., to to points in Michigan, Ohio, Indiana, and Michigan. points in the United States (except Illinois, Missouri, Kentucky, Wisconsin; No. MC 124211 (Sub-No. 127), filed Alaska and Hawaii), for 180 days. Sup­ Minnesota, New York, New Jersey, Penn­ May 4, 1969. Applicant: HILT TRUCK porting shipper: General Indicator Corp., sylvania, Delaware, Connecticut, Rhode LINE, INC., 1415 South 35th Street, Post Pardeeville, Wis. 53954 (G. M. Helbing, Island, Massachusetts, Kansas, Okla­ Office Box H, Council Bluffs, Iowa 51501. Traffic Manager). Send protests to: Dis­ homa, Arkansas, Texas, Louisiana, Mis­ Authority sought to operate as a common trict Supervisor Lyle D. Heifer, Inter­ sissippi, Alabama, Florida, Georgia, North carrier, by motor vehicle, over irregular, state Commerce Commission, Bureau of Carolina, South Carolina, Virginia, West routes, transporting: Flour, food prod­ Operations, 135 West Wells Street, Room Virginia, Maryland, District of Columbia, ucts, and grain products, between Lin­ 807, Milwaukee, Wis. 53203. Iowa, Nebraska, North Dakota, and coln, Nebr., on the one hand, and, on the No. MC 40757 (Sub-No. 10 TA), filed South Dakota; (2) Atlanta, Ga., to points other, points in Missouri. N o t e : Appli­ May * 19, 1969. Applicant: CREECH in Michigan, Ohio, Indiana, Illinois, Ken­ cant states no duplicating authority is BROTHERS TRUCK LINES, INC., 313 tucky, Wisconsin, New York, New Jersey, being sought. Applicant states tacking West Cherry Street, Troy, Mo. 63379. Pennsylvania, Delaware, Connecticut, would be done only as an incidental or Authority sought to operate as a common Rhode Island, Massachusetts, Kansas, secondary purpose and the primary pur­ carrier, by motor vehicle, over irregular Oklahoma, Texas, Virginia, West Vir- pose of this application is to provide the routes, transporting: Aluminum struc­ gina, Maryland, District of Columbia, proposed services to the supporting tural forms and aluminum airplane wing Iowa, Nebraska, North Dakota, and shippers. skins, from Tullahoma, Tenn., to St. South Dakota, for 180 days. Supporting Louis, Mo., for 180 days. Supporting shipper: Kinser’s Foods, Suite 260, 3376 By the Commission. shipper: McDonnell Douglas Corp., St. Peachtree Road NE., Atlanta, Ga. 30326. [ s e a l ] H . N e il G a r s o n , Louis, Mo. 63166, Attention: John R. Send protests to: William L. Scroggs, Secretary. Johnson, Traffic Supervisor. Send pro­ District Supervisor, Interstate Commerce [F.R. Doc. 69-6327; Filed, May 28, 1969; tests to: J. P. Werthmann, District Su­ Commission, Bureau of Operations, 8:45 a.m.] pervisor, Interstate Commerce Commis­ Room 309, 1252 West Peachtree Street sion, Bureau of Operations, Room 3248, NW., Atlanta, Ga. 30309. 1520 Market Street, St. Louis, Mo. 63103. No. MC 118263 (Sub-No. 12 TA), filed [Notice 839] No. MC 103993 (Sub-No. 405 TA), filed May 16, 1969. Applicant:' COLDWAY May 19, 1969. Applicant: MORGAN CARRIERS, INC., Post Office Box 38, MOTOR CARRIER TEMPORARY Clarksville, Ind. 47131. Applicant’s rep­ AUTHORITY APPLICATIONS DRIVE AWAY, INC., 2800 West Lexing­ ton Avenue, Elkhart, Ind. 46514. Appli­ resentative: Paul M. Daniell, Suite 1600, M a y 26,1969. cant’s representative: Ralph H. Miller First Federal Building, Atlanta, Ga. The following are notices of filing of (same address as above). Authority 30303. Authority sought to operate as a applications for temporary authority sought to operate as a common carrier, common carrier, by motor vehicle, over under section 210a(a) of the Interstate by motor vehicle, over irregular routes, irregular routes, transporting: Meats, Commerce Act provided for under the transporting: Undercarriages, frames, meat products and meat "byproducts, and roofs, from Decatur, Ala., to Anna, from Union City, Tenn.; to Reading, Pa., new rules of Ex Parte No. MC-67 (49 and New York, N.Y., and points within ed e r a l HI., for 180 days. Supporting shipper: C F R Part 340), published in the F its commercial zone, for 180 days. Sup­ R e g is t e r , issue of April 27,1965, effective Riblet Products, Inc., Elkhart, Ind. Send July 1, 1965. These rules provide that protests to: District Supervisor J. H. porting shipper: Reelfoot Packing Co., protests to the granting of an application Gray, Interstate Commerce Commission, Union City, Tenn. 38261. Send protests must be filed with the field official named Bureau of Operations, Room 204, 345 to: James W. Habermehl, District Super­ West Wayne Street, Fort Wayne, Ind. visor, Interstate Commerce Commission, in the F ed e r a l R e g is t e r publication, Bureau of Operations, 802 Century within 15 calendar days after the date 46802. feuilding, 36 South Pennsylvania Street, of notice of the filing of the application No. MC 107496 (Sub-No. 733 TA), Indianapolis, Ind. 46204. is published in the F ede r a l R e g is t e r . filed May 16, 1969. Applicant: RUAN No. MC 119443 (Sub-No. 22 TA), filed One copy of such protest must be served TRANSPORT CORPORATION, Third May 19,1969. Applicant: P. E. KRAMME, on the applicant, or its authorized rep­ and Keosauqua Way, Des Moines, Iowa Main Street, Monroeville, NJF. 08343. Au­ resentative, if any, and the protests must 50309. Applicant’s representative: H. L. thority sought to operate as a common certify that such service has been made. Fabritz (same address as above). Au­ carrier, by motor vehicle, over irregular The protests must be specific as to the thority sought to operate as a common routes, transporting: Chocolate coating, service which such protestant can and carrier, by motor vehicle, over irregular chocolate, confectionery coating, choco­ will offer, and must consist of a signed routes, transporting: Dry fertilizer and late compounds, candy coating other original and six copies. dry fertilizer ingredients, in bulk, from than chocolate and cocoa butter, in bulk, A copy of the application is on file, and Memphis, Tenn., to points in Arkansas, in tank vehicles, from Lititz, Pa., to can be examined at the Office of the Sec­ Mississippi, and Charleston, Hunterville, points in Minnesota, for 180 days. Sup­ retary, Interstate Commerce Commis­ Essex, Kennett, East Prairie, and Por- porting shipper: Wilbur Chocolate Co., sion, Washington, D.C., and also in the tageville, Mo., for 120 days. Supporting Inc., Lititz, Pa. 17543. Send protests to: field office to which protests are to be shippers: Monsanto Co., 800 North Lind­ Raymond T. Jone, District Supervisor, transmitted. bergh Boulevard, St. Louis, Mo. 63166; USS Agri-Chemicals, Inc., Post Office Interstate Commerce Commission, Bu­ M o t o r C a r r ie r s o f P r o p e r t y reau of Operations, 410 Post Office Build­ Box 1685, Atlanta, Ga. 30301; Mobil ing, Trenton, N.J. 08608. No. MC 30837 (Sub-No. 369 TA), filed Chemical Co., 401 East Main Street, Richmond, Va. 23208. Send protests to: No. MC 124221 (Sub-No. 25 TA), filed May 15, 1969. Applicant: KENOSHA May 19, 1969. Applicant: HOWARD AUTO TRANSPORT CORPORATION, Ellis L. Annett, District Supervisor, In­ BAER, 821 East Dunne Street, Morton, 4200 39th Avenue, Kenosha, Wis. 53140. terstate Commerce Commission, Bureau HI. 61550. Applicant’s representative: Applicant’s representative: Albert P. of Operations, 677 Federal Building, Des Robert W. Loser, 409 Chamber of Com­ Barber (same address as above). Au­ Moines, Iowa 50309. merce Building, Indianapolis, Ind. 46204.

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 NOTICES 8341 Authority sought to operate as a contract 84720. Applicant’s representative: Harry motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular D. Pugsley, 400 El Paso Gas Building, transporting: Passengers and their bag­ routes, transporting: Bananas, from Salt Lake'City, Utah 84111. Authority gage, in all-expense camping and sight­ Gulfport, Miss., to Peoria, HI., for 180 sought to operate as a contract carrier, seeing tours, from June 21 to Septem­ days. Supporting shipper: Super Valu by motor vehicle, over irregular routes, ber 1,1969, limited to those under age 18, Stores, Inc., 8201 North University Ave­ transporting: Meat and meat products, (1) from Philadelphia, Pa., to Los Ange­ nue, Box 3257, Peoria, 111. 61814. Send from Cedar City, Utah, to points in Iron, les, Calif., and return, with stopovers in protests to: Raymond E. Mauk, District Washington, Beaver, and Millard Coun­ the following cities and National Parks, Supervisor, Interstate Commerce Com­ ties, Utah, for 180 days. N o t e : Appli­ Detroit, Mich., Rocky Mountain National mission, Bureau of Operations, U.S. cant states that fresh and frozen meat Park, Colo., Mesa Verde National Park, Courthouse, Federal Office Building, and meat products will be delivered for Colo., Grand Canyon National Park, Room 1086, 219 South Dearborn Street, interline at applicant’s storage plant in Ariz., Las Vegas, Nev., San Francisco, Chicago, 111. 60604. Cedar City, Utah, from Sioux Falls, N. Calif., Yosemite National Park, Calif., No. MC 125035 (Sub-No. 18 TA), filed Dak., and transported to destinations in Salt Lake City, Utah, Grand Teton Na­ May 19, 1969. Applicant: RAY E. the four counties by applicant. Support­ tional Park, Wyo., Yellowstone National BROWN TRUCKING, INC., 1132 55th ing shipper: John Morrell & Co., Sioux Park, Wyo., Ely, Minn., and Chicago, 111.; Street NE., North Canton, Ohio 44721. Falls, S. Dak. (Claude Stewart). Send and (2) from Philadelphia, Pa., to port Applicant’s representative: Fred H. Zol­ protests to: John T. Vaughan, District of entry on the international boundary linger, 800 Cleve-Tuse. Building, Canton, Supervisor, Interstate Commerce Com­ line between the United States and Can­ Ohio 44702. Authority sought to operate mission, Bureau of Operations, 6201 Fed­ ada at Derby Line, Vt.,-and return from as a contract carrier, by motor vehicle, eral Building, Salt Lake City, Utah Rouses Point, N.Y. (port of entry) to over irregular routes, transporting: Ice 84111. Philadelphia, with stopovers at Masham- cream, ice cream confections, ice con­ No. MC 133737 TA, filed May 16, 1969. oquet State Park, near Putnam, Conn., fections and ice water confections, from Applicant: ROBERT CRAWFORD, do­ Intervale, N.H., Bolton Landing, and Wheeling W. Va., to Detroit, Mich, for ing business as CRAWFORD TRUCK­ Thacher State Park, N.Y., for 90 days. 180 days. Supporting shipper: Sealtest ING COMPANY, 5563 Northwest Drive, Supported by: There are approximately Foods, Division of National Dairy Prod­ Omaha, Nebr. 68104. Authority sought 26 statements from parents of potential ucts Corp., 20545 Center Ridge Road, to operate as a contract carrier, by motor passengers supporting the application, Cleveland, Ohio 44116. Send protests to: vehicle, over irregular routes, transport­ which are attached to the application, A. M. Culver, Jr., District Supervisor, ing: Feed and feed ingredients, from which statements may be examined here Interstate Commerce Commission, Bu­ Omaha, Nebr., to Harland, Denison, and at the Interstate Commerce Commission reau of Operations, 255 Federal Building Atlantic, Iowa, for 180 days. Supporting in Washington, D.C., or at the field office and U.S. Courthouse, 85 Marconi Boule­ shipper: Nixon & Co., 2619 N Street, named below. Send protests to: F. W. vard, Columbus, Ohio 43215. Omaha, Nebr. 68107, Charles D. Dick- Doyle, District Supervisor, Interstate No. MC 125760 (Sub-No. 4 TA), filed hute. Send protests to: Keith P. Kohrs, Commerce Commission, 900 U.S. Cus­ May 19, 1969. Applicant: GLENN W. District Supervisor, Interstate Com­ tomhouse, Philadelphia, Pa. 19106. MEANS, 1597 Pittsburgh Road, Franklin, merce Commission, Bureau of Opera­ Pa. 16323. Applicant’s representative: tions, 705 Federal Office Building, By the Commission. John E. McFate, 229 Elm Street, Oil City, Omaha, Nebr. 68102. [ s e a l ] H . N e i l G a r s o n , Pa. 16301. Authority sought to operate as No. MC 133745 TA, filed May 22, 1969. Secretary. a contract carrier, by motor vehicle, over Applicant: TIMOTHY DAVID PERSON, irregular routes, transporting: Dairy doing business as ALLSTATES AMERI­ [F.R. Doc. 69-6390; Filed, May 28, 1969; Iproducts, from Youngstown, Ohio, to CAN VAN LINES, 5740 Easton Avenue, 8 :4 8 a.m .] Quaker Markets in Venango, Clarion, St. Louis, Mo. 63136. Authority sought Jefferson, and Clearfield Counties, Pa., to operate as a common carrier, by motor [Notice 353] for 180 days. Supporting shipper: Quaker vehicle, over irregular routes, transport­ Markets, Inc., Post Office Box 438, ing: Household goods and household MOTOR CARRIER TRANSFER Punxsutawney, Pa. 15767. Send protests goods in containers, new furniture, store PROCEEDINGS to: John J. England, District Supervisor, fixtures, institutional equipment, elec­ M a y 26, 1969. Interstate Commerce Commission, Bu­ tronic equipment aJid computers, aero­ Synopses of orders entered pursuant reau of Operations, 2109 Federal Build­ space equipment, food servicing equip­ to section 212(b) of the Interstate Com­ ing, 1000 Liberty Avenue, Pittsburgh, Pa. ment, displays and exhibits, art objects, merce Act, and rules and regulations 15222 and shows on tours, industrial and man­ prescribed thereunder (49 CFR Part No. MC 128772 (Sub-No. 1 TA), filed ufacturing equipment, skidded but un­ 1132), appear below: May 22, 1969. Applicant: STAR BULK crated, coin operated equipment, musical TRANSPORT, INC., 827 North Front equipment and instruments, all or any As provided in the Commission’s spe­ Street, New Ulm, Minn. 56073. Appli­ part of load uncrated, between points in cial rules of practice any interested per­ cant’s representative: Charles E. Nieman, the United States, including Alaska, son may file a petition seeking reconsid­ 1160 Northwestern Bank Building, Min­ Hawaii, and Washington, D.C., for 180 eration of the following numbered pro­ neapolis, Minn. 55402. Authority sought days. Supported by: There are approxi­ ceedings within 20 days from the date to operate as a contract carrier, by motor mately 15 statements of support attached of publication of this notice. Pursuant to vehicle, over irregular routes, transport­ to the application, which statements section 17(8) of the Interstate Commerce ing: Dairy products, from Clarkfield, may be examined here at the Interstate Act, the filing of such a petition will Minn., to Chicago, 111., and, on return, Commerce Commission, in Washington, postpone the effective date of the order dairy equipment, dairy supplies, and D.C., or copies thereof may be examined in that proceeding pending its disposi­ dairy materials, from Chicago, 111., to at the field office named below. Send pro­ tion. The matters relied upon by peti­ Clarkfield, Minn., for 150 days. Support­ tests to: J. P. Werthmann, District Su­ tioners must be specified in their peti­ ing shipper: Five Star Dairy land Co­ pervisor, Bureau of Operations, Inter­ tions with particularity. operative, New Ulm, Minn. 56073. Send state Commerce Commission, Room No. MC-FC-71312. By order of May 20, protests to: A. N. Spath, District Super­ 3248, 1520 Market Street, St. Louis, Mo. 1969, the Motor Carrier Board approved visor, Bureau of Operations, Interstate 63103. the transfer to City Express, Inc., Strea-. Commerce Commission, 448 Federal, tor, 111., of certificates Nos. MC-79080, Building and U.S. Courthouse, Minneap­ M o t o r C a r r ie r o p P a s s e n g e r s MC-79080 (Sub-No. 5), and No. MC- olis, Minn. 55401. No. MC 133729 TA, filed May 14, 1969. 79080 (Sub-No. 7), issued July 7, 1960, No. MC 133736 TA, filed May 16, 1969. Applicant: WILLIAM E. KERSHAW, December 20, 1968, and March 19, 1969, Applicant: FLOYD MATHESON, doing JR., doing business as WILDERNESS to Austgen Express & Storage Co., a cor­ business as MATHESON WHOLESALE TRAVEL CAMP, 259 East Evergreen poration, Aurora, 111., authorizing the MEAT AND PROCESSING CO., 200 Avenue, Philadelphia, Pa. 19118. Author­ transportation of specified commodities West 500 North Street, Cedar City, Utah ity to operate as a common carrier, by to, from, and between specified points in

FEDERAL REGISTER, VOL. 34, NO. Ï0 3 — THURSDAY, MAY 29, 1969 No. 103- -10 8342 NOTICES Illinois, Wisconsin, Indiana, Michigan, tificate of registration No. MC-96793 ground and unrefined, in carloads, as Missouri, and Ohio. Robert H. Levy, 29 (Sub-No. 1), issued October 8, 1964, to described in the application, from south­ South La Salle Street, Chicago, 111. 60603, Glenn Scholl and Orlina C. Ryan, a western producing points, to Clifton, N.J. attorney for applicants. partnership, doing business as Mariposa Grounds for relief—Market competi­ No. MC-FC-71367. By order of May 21, Express, Merced, Calif., authorizing the tion. 1969, the Motor Carrier Board approved transportation in interstate and foreign Tariff—Supplement 24 to Southwest­ the transfer to Mervin Mewes, Inc., High- commerce, pursuant to Certificate of ern Freight Bureau, agent, tariff ICC more, S. Dak., of the certificate No. MC- Public Convenience and Necessity No. 4795. 107614 issued January 27, 1966, to Mer­ 55326, issued by the Public Utilities Com­ FSA No. 41640—Sand to Lebanon, Pa. vin B. Mewes, doing business as Mewes mission of the State of California. Eu­ Filed by Southwestern Freight Bureau, Trucking, Highmore, S. Dak., authoriz­ gene A. Mash, 630 West 19th Street, agent (No. B-39), for interested rail car­ ing the transportation of Livestock, emi­ Merced, Calif. 95340, attorney for riers. Rates on sand, in carloads, as de­ applicants. scribed in the application, from specified grant movables, and various farm com­ points in Arkansas, Missouri, Oklahoma, modities between specified points in [ s e a l ] H . N e i l G a r s o n , South Dakota, Iowa, Minnesota, and Ne­ Secretary. and Texas, to Lebanon, Pa. braska. Ruben R. Widmayer, 108 West Grounds for relief—Modified short­ Second Street, Miller, S. Dak. 57362, at­ [F.R. Doc. 69-6391; Filed, May 28, 1969; line distance formula. 8 :4 8 a.m .] Tariff—Supplement 37 to Southwest­ torney for applicants. ern Freight Bureau, agent, tariff ICC No. MC-FC-71374. By order of May 16, 4797. 1969, the Motor Carrier Board approved FOURTH SECTION APPLICATIONS FOR the transfer to Pool Freight Line, Inc., RELIEF FSA No. 41641—Ethylene glycol to Fi- Greenville, S.C., of certificate of regis­ berton and Earl, N.C. Filed by Southwest­ tration No. MC-93138 (Sub-No. 1) issued M a y 26, 1969. ern Freight Bureau, agent (No. B-37), May 20,1965, to Edward Pool, doing busi­ Protests to the granting of an appli­ for interested rail carriers. Rates on ness as Pool Freight Line, Greenville, cation must be prepared in accordance ethylene glycol, in tank carloads, from S.C., authorizing the transportation of with Rule 1100.40 of the general rules of Taft, La., to Fiberton and Earl, N.C. commodities in general, with specified practice (49 CFR 1100.40) and filed Grounds for relief—Market competi­ exceptions and specified commodities be­ within 15 days from the date of publica­ tion. tween specified points in South Carolina. tion of this notice in the F e d e r a l Tariff—Supplement 76 to Southwest­ Frank A. Graham, Jr., 707 Security Fed­ R e g is t e r . ern Freight Bureau, agent, tariff ICC eral Building, Columbia, S.C. 29201, at­ L o n g - a n d -S h o r t H a u l 4722. torney for applicants. By the Commission. No. MC-FC-71380. By order of May 20, FSA No. 41639—Sulphur from south­ 1969, the Motor Carrier Board approved western producing points. Filed by [ s e a l ] H . N e i l G a r s o n , the transfer to Jack Armas and Jean Southwestern Freight Bureau, agent Secretary. Armas, a partnership, doing business as (No. B-34), for interested rail carriers. [F.R. Doc. 69-6392; Filed, May 28, 1969; Mariposa Express, Merced, Calif., of cer­ Rates on sulphur (brimstone), crude, un­ 8 :4 8 a .m .]

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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

P age 3 CFR P a g e 7 CFR— Continued 7 CFR—Continued Page P roclamations ; 56______8229 945______7499 3911 ______7685 68______7862 966______7135, 8152 3912 ______7895 7 0 ______8229 980______7570, 8043, 8119 3913 ______8019 301______7643, 8043 1006______7898 319______8194 1079_-______7136 E x e c u t iv e O r d e r s : 1201______7899 11248 (amended by EO 11468) _ 7641 601______7569 718______7649 1421______7370, 7698, 8045, 8290 11412 (amended by EO 11469). 8191 1434______— 7650 11467 ______7271 722______7231 11468 ______7641 730______P r o p o 7441 se d R u l e s : 11469 ______8191 792______7369 61______7705 11470 ______8227 811______7325 102______7868 845______777______8289 8205 849______7442 905______7168 5 CFR 862—______7326 213__ 7231, 912 _—______7452 905______7897 913 _ 8120 7281, 7282, 7325, 7535, 7607, 7849, 907 ______7134 966______7170, 7578 7897,8118, 8151, 8193, 8229 908 ______7135, 980______— _____ 7170, 7578 338______8151 7442, 7697, 7866, 7959, 8043, 8195, 1003 ______7171, 7705 451______8193 8290 1004 ______7171, 7705 550______909 7798 ______7282 1005 ______7811 910 ______' 7283, 1006 ______7455 7 CFR 7326, 7569, 7607, 7866, 7897, 8151 1013______7173, 7654 911 ______7867 26____ 7282, 7800 912 ______7284, 7443, 7569 1016______7171, 7705 28— . ___ 7959 1033 ______7811 51 ______7498 917______8151 1034 _____ 7811 52 ______7133,7860 918______;____ 7649, 8043 1035 ______7811 54______8229 932______.______7570 1041______7811 55 8229 944______7898, 7959 1138______;______7248

FEDERAL REGISTER, VOL. 34, NO. 103— THURSDAY, MAY 29, 1969 FEDERAL REGISTER 8343

8 CFR P age 14 CFR—-Continued P age 21 CFR—Continued Page 100______7327 P r o p o se d R u l e s — Continued P r o p o se d R u l e s : . 103------7570 103------7455 1______7655 204------7328 121------7175, 7333 3______8205 214------7571 135------7580 8______7578 238------7328 151------7455 19______8205 242------7327, 8037 157—------7657 29______8206 245------7328 241______7706 31______7578 299____ 7327 250------7915 120_____ 7974 334------7571 288______7707 146-147—, 7868 P r o p o se d R u l e s : 298______7708 148a-149d 7868 1 _*_. 320_____ 7968 8047 15 CFR 292 8047 24 CFR 200------7144 9 CFR 379____ 7573 200- 7238, 7329, 7909 73 ------7443 207_ ------7238 P r o p o se d R u l e s : 233------7238 74 ------7444 1000______7536 76------8153 235- ______7239 78------7798, 8233 16 CFR 1700 ------7239 316 ------7607 13______7232 7233 26 CFR 317 ------7607 7275-7277," 7609-7612" 7702-7704, 328------7607 7900-7903, 8283, 8284 1------7145, 7688 P r o p o se d R u l e s : 25------7691 15------7145, 7234, 7235, 7278, 7445, 8093 31------7693 317------7823 240------7235, 8285 500______36— ------7693 10 CFR 41------7448, 7695 P r o p o se d R u l e s 45 ------7695 8—------7273 243______8246 46 ------7695 20------7500 249______7581 48 ------1------7696 150------7369 408______7917, 8125 49 ------7696 421______7661 147------7696 12 CFR 501______8207 151 ------7697 217___ 7899 152 ------7697 226------7571, 7607 17 CFR 301------7697 531------7651 140------8107 545------8021 231------7235, 7613 27 CFR 555------_ 7609 240------7235, 7574, 8039 6^------7962 563------8021 249_------8039 28 CFR P r o p o se d R u l e s : P r o p o s e d R u l e s : 221______7823 230______7175 0------7906 545------___ 7580 239 ______7175 45______7906 240 ------7250, 7458, 7547 13 CFR 249___ 7662 29 CFR 102—i------_____ 7274 60-______7653 124------7274 18 CFR 460______7239 462— ______7963 P r o p o se d R u l e s : 2 ------7904 697______121------7386 3 ------8093 7907 620______7800 P r o p o se d R u l e s : 14 CFR 1500. 7333 19 CFR 39______7221, 30 CFR 7371, 7500, 7501, 7609, 8157, 8158, 1------7445 8273, 8274 4 ------8200 P r o p o se d R u l e s : 71------7121-7124, 14------8201 250------7381 7221, 7274, 7275, 7371, 7372, 7501, 16------7328, 7445, 8273 7572, 7609, 7702, 7849, 7899, 7960, 53------8201 31 CFR 7961, 8037, 8158, 8195, 8234, 8235, P r o p o se d R u l e s : 82—------7704 8274 19------7654 P r o p o se d R u l e s : 73------7444, 7501, 7572, 8235 75------7702 20 CFR 306------7452 95------8196 404------7236 32 CFR 97------7222, 7502, 7763, 8094, 8275, 8283 604____ 7652 123— ------8038 41______7909 298------_------7124 21 CFR 80______7909 384 ------7651, 7900 101— 7910 385 ------8038 1------7802 103_____ 8202 387------7651 8------7445-7447 169_____ 8107 399______8038 120 ____ 7165, 7237, 7279, 7962, 8040 169a____ 8108 121 ------7165, 201____ 7377 P r o p o se d R u l e s : 7237, 7372, 7447, 7612, 7805, 7850, 231____ _ 7963 21------7705 7906, 7907, 8201 532 _ 8235 36------7705 141c__------7687 533 _ 8235 39------7249, 7286, 7579, 8168 144------7906, 8202 536_____ 8235 71------7287, 146a------7851 542_____ 8235 7288, 7455, 7545, 7579, 7616, 7656, 146b„------7852 562_____ 8235 7706, 7869, 7870, 7915, 7974-7977, 146c------7687, 7852 581_____ 8235 8206,8300 146d------7852 701_____ 8022 73------7656 146e------7853 719_____ 8022 75------7545, 7706 148j______7687 720— 8034 8344 FEDERAL REGISTER

, 32 CFR— Continued P age 41 CFR— Continued Page 46 CFR Page 726______8035 5A-2______8237 P r o p o se d R u l e s : 750 ______8035 5A-7______8238 Ch. II______- 7915 751 ______8036 5A-16______8241 504______7581 756 ______8036 8-2______7613 757 ______8036 8- 3______7150 1499______7414 8-12______7613 47 CFR 1801______8203 9- 12______7853 1______7964, 8242 19-60______7905 15______-______7497 32A CFR 23-50 ______7360 21______8040, 8243 50-201______7451, 7946 73 __— 7497, 7964, 8042, 8295, 8296 BDSA (Ch. VI): 50-204______7946 74 ______7964 M-11A_____ 7449 101-2______8160 M-11A, Dir. 2. 7449 101-17______8273 P r o p o se d R u l e s : OIA (Ch. X ): 101-18______8273 2______7658, 8122 OI Reg. 1___ 7535 101-26______8162 73 _____ 7546, 7660, 7823, 8124 101-45______7241, 7329, 8164 74 ____ 7386, 7977, 7981, 8244 33 CFR 101-46______7241 81______7289, 8122 101-47______8166 83______7289, 8122 n o ______7146 87______— 8122 117______7146 42 CFR 91______7658 204______7575, 8203 97______7660 207 ______7575, 7964, 8236 81______7150, 7241, 8093 208 ______8159 P r o p o se d R u l e s : 73______8244 49 CFR 35 CFR 81______7385, 8122 7______—______7156, 7331 119______^_____ 7910 71______„______7157, 8111 43 CFR 171—______7159 36 CFR P u b l ic L a n d O r d e r s : 172 ______I ______7159 7______7330 628 (revoked in part by PLO 173 ______7159, 8166 322______7575 4663)—___ 8040 174 ______7162 530______7279 2919 (revoked in part by PLO 177 ______7162 4657)______7808 178 ______7163, 7332 38 CFR 4598 (corrected)______8283 179 ______7165, 8166 375______8112 2______7806 4647______— ______8040 4657 ______7808 1003______8117 13______7806 1033______7451, 7577, 8167, 8204 17______7807 4658 ______7809 4659 ______7809 1047— ______8117 4660 _____ 7809 P r o p o se d R u l e s : 39 CFR 4661 ______7809 Ch. I______7374 4662 ______7810, 8241 71______7458, 7616 113______8159 4663 ______8040 170-189————______7545 127______7449 173 ______8244, 8300 P r o p o se d R u l e s : 174 __ 7456 P r o p o se d R u l e s : . 2240______7247 175 ______7456 161______7285 177 ______-•_ 7456, 7457 162______7285 45 CFR 178 ______8245, 8300 163______7285 115______7151 232______7289 166______7285 119______7242 1131______7177 168______7285 151______— 8110 1307______i ______7177 242______— 7285 171______8110 245______7285 175______7632 50 CFR 701—______7576 41 CFR 704 _____ '7576 28______8021 1-3______7147 705 ______7577 33______7704 1-7______7148 801______7246 230______8298 1 -1 6 ______7148 1013______— ___ 7331 280______7281, 7856, 8299 1-20— ______7148 1061______7652 P r o p o se d R u l e s : 1-30______7576 1068—______—_ 7854 ‘ 10______7654 5A-1______7240, 8160, 8237 1070______7375, 7856 215______7247

I w m i -

Y*j±4*i/.,Au/A ' ‘ UNITED: STATES V rn v « » ^ < w GOVERNMENT IOrI aNIZATION^I MANUAL *59'"^’ .II

t-Tk£ ££D£*U » £G i$fl 4*^i R«eefd»'s«itie«-ir;. } g_J2ytv'r/<*ti '■SS^'l»«n*ril Services■■ Administration"-'- *?

i P i SSRKSHSSI&v 1 fctIT ^ xfcvvUfc'*/«^/;. *r£ 5 £ c! m / i / s f ,, ,

^ “ » •v. 'l / ^ 4 wy*w>. « W ^ < <<6 ■*/i.'••^ f4 / *v /

w w 4W # A i < / ¿S,’ ' " ~y~'" I l . § . i< + **4p < j/ « * « 4 f i governm ent organization S m anual GOVERNMENT 1069

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. 00 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.