FEDERAL REGISTER VOLUME 35 * NUMBER 93 Wednesday, May 13,1970 • Washington, D.C. Pages 7407-7488

Agencies in this issue— Agricultural Research Service Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Defense Department Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Interstate Commerce Commission Land Management Bureau National Park Service Post Office Department Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Public Papers of the Presidents of the United States

Annual volumes containing the public messages and statements, news conferences, and other selected papers released by the White House. Volumes for the following years are now available:

H ARRY S. TRUMAN 1945 ______$5. 50 1949 ______$ 6 .7 5 1946 ___ _ _ $ 6 .0 0 1950 ______$7. 75 1947 _ $5. 25 1951- ______. __ $ 6 .2 5 1948 _ _ $ 9 .7 5 1952-53______$ 9 .0 0

DWIGHT D. EISENHOWER 1953 ______$ 6 .7 5 1957 _ __ _ _ .. _ $ 6 .7 5 1954 ______$ 7 .2 5 1958 ______$ 8 .2 5 1955 ______$ 6 .7 5 1959 ______. _ $ 7 .0 0 1956______$ 7 .2 5 1960-61 ___ $ 7 .7 5

JO H N F. K E N N ED Y 1 9 6 1 ______$ 9 .0 0 1962 ______$ 9 .0 0 1963______$9. 00

L Y N D O N B. JOHNSON 1963-64 (Book I)- $6. 75 1966 (Book I ) ______$ 6 .5 0 1963-64 (Book II)_ $ 7 .0 0 1966 (Book II) ______$ 7 .0 0 1965 (Book I). $6. 25 1967 (Book I) ______$ 8 .7 5 1965 (Book II). $6. 25 1967 (Book IT) ____ $ 8 .0 0 1968-69 (Book I).______$1 0 .5 0 1968-69 (Book II).______$ 9. 50

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, oi on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERA1&®ISTER Archives and Records Service, General Services Adm inistration, Washington, D.C. 20408, Area Code 202 • '»3« Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR

AGRICULTURAL RESEARCH FEDERAL AVIATION FISH AND WILDLIFE SERVICE SERVICE ADMINISTRATION Proposed Rule Making Rules and Regulations Rules and Regulations Eastern Pacific tuna fisheries; yellowfin tuna______:----- 7438 Hog cholera and other communi­ Control zone and transition area; cable swine diseases; areas alteration and revocation------7412 FOOD AND DRUG quarantined ------7412 Proposed Rule Making ADMINISTRATION Airworthiness directives : AGRICULTURE DEPARTMENT Dowty Rotol propellers------7436 Rules and Regulations See Agricultural Research Serv­ Hawker Siddeley Model DH-104 Drugs; nystatin tablets______7415 ice; Consumer and Marketing “Dove” airplanes______7435 Fireworks devises; classification as Service. Hawker Siddeley Model DH-114 banned hazardous substances “Heron” airplanes------7435 and revocation of exemption__ 7415 BUSINESS AND DEFENSE Control zone and transition area; Food additives: SERVICES ADMINISTRATION proposed alteration------7436 Americium 241______7414 Glycine in food for human con­ Notices FEDERAL COMMUNICATIONS sumption ______7414 Duty-free entry of scientific arti­ Polycarbonate resins______7414 cles (6 documents)______7457-7460 COMMISSION Rules and Regulations Notices CIVIL AERONAUTICS BOARD Network television broadcasting; Drugs for human use; drug ef­ competition and responsibility- 7417 ficacy implementation (7 docu­ Notices ments)______7460-7466 Hearings, etc.: Notices Air Traffic Conference of WGAL Television, Inc. (W8OAJ) ; GENERAL SERVICES America and Diners/Fugazy .designation of application for ADMINISTRATION Travel Service, Inc______7467 hearing______7471 Ross Aviation, Inc______7470 Rules and Regulations FEDERAL MARITIME Procurement information______7416 CIVIL SERVICE COMMISSION COMMISSION HEALTH, EDUCATION, AND Rules and Regulations Notices WELFARE DEPARTMENT Emergency Preparedness Office; Steamship Operators Intermodal excepted service______7426 See Food and Drug Administra­ Committee; notice of agreement tion. Notices filed for approval--______7472 Teacher; establishment of special FEDERAL POWER COMMISSION INTERIOR DEPARTMENT minimum rates and rate See Fish and Wildlife Service; grades______7471 Rules and Regulations Land Management Bureau; Na­ Natural gas pipeline companies; tional Park Service. COMMERCE DEPARTMENT report on service interruptions See Business and Defense Serv­ occurring on pipeline system_7412 INTERSTATE COMMERCE ices Administration. Notices COMMISSION Hearings, etc.: Notices CONSUMER AND MARKETING Barnett Serio Exploration Co., Fourth section applications for SERVICE et al______7447 relief ____ 7480 Cities Service Gas Co_____ -__ 7448 Rules and Regulations Motor carrier: Idaho Power Co______7448 Alternate route deviation notices Federal Seed Act regulations; mis­ Mosinee Paper Mills Co______7449 (2 documents)______7476 cellaneous amendments______7411 Ohio Power Co______7449 Applications and certain other Shipment limitations : Southern Petroleum Explora­ proceedings______7480 Grapefruit grown in Florida_7411 tion, Inc., et al______7449 Transfer proceedings______7479 Oranges grown in Florida_____ 7411 Sun Oil Co., et al______7449 Temporary authority applica­ Proposed Rule Making Texas Gas Transmission Corp_ 7450 tions (2 documents)___ 7477, 7478 Utah Power and Light Co___ 7450 Illinois Central Railroad Co., and Almonds grown in California; Webb, William G., et al______7450 recommended decision______7428 Chicago and North Western Tobacco inspection ; proposed Weinert, Hilda B., et al______7441 • Railway Co.; car distribution._ 7486 amendment to Burley standard grades ______7427 FEDERAL RESERVE SYSTEM LAND MANAGEMENT BUREAU Notices Notices Rul es and Regulations Central Banking System, Inc.; or- Coal application requirements; Humanely slaughtered livestock; der making determination..: 7474 identification of carcasses; Commerce Bancshares, Inc.; order miscellaneous amendments___ 7416 change in list of establish­ Notices ments ______;______7457 approving acquisition of bank stock by bank holding company Alaska; proposed withdrawal and (2 documents)______7473 reservation of lands______7450 DEFENSE DEPARTMENT Colorado; proposed classification Notices FEDERAL TRADE COMMISSION of public lands for multiple-use Proposed Rule Making management (2 documents).__ 7451, Delegations of authority regard­ 7454 ing certain facilities and equip­ Sellers in commerce; use of nega­ ment (2 documents)______7441 tive option plans______7437 (Continued on next page) 7409 7410 CONTENTS

NATIONAL PARK SERVICE Proposed Rule Making SMALL BUSINESS Proposed Rule Making Items available free for the blind- _ 7427 ADMINISTRATION National Capital Park regulations, Notices District of Columbia, Maryland, SECURITIES AND EXCHANGE and Virginia; Commercial vehi­ COMMISSION Manager of Disaster Branch Of­ cles, etc______7439 fice, Plainview, Tex.; delegation Notices of authority______7476 POST OFFICE DEPARTMENT Hearings, etc.: Continental Photocolor Corp__ 7474 TRANSPORTATION DEPARTMENT Rules and Regulations Lacy Sales Institute, Inc_____ 7474 Directory of international mail; West Penn Power Co______7475 See Federal Aviation Administra­ miscellaneous amendments___ 7416 tion.

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

5 CFR 16 CFR 39 CFR 213______7426 P roposed R ules: Ch. I______7416 425______7437 P roposed R ules: 7 CFR 138— ______7427 201______7411 18 CFR 905 (2 documents)______7411 260— _____ - ______— 7412 41 CFR P roposed R ules: 5A-2___ '____ :______7416 29______——____ — 7427 21 CFR 5A-3______7416 981______7428 121 (3 documents)______7414 148k______7415 43 CFR 9 CFR 191______7415 3130______— ______7416 76______—______1— 7412 36 CFR 47 CFR 14 CFR P roposed R ules: 73______7417 71______7412 50____T______7439 P roposed R ules: 50 CFR 39 (3 documents)______7435, 7436 P roposed R ules: 71— ______7436 280______;___ 7438 7411 Rules and Regulations

Chapter IX— Consumer and Market­ [Grapefruit Reg. 68, Amdt. 5] Title 7— AGRICULTURE ing Service (Marketing Agreements PART 905— ORANGES, GRAPEFRUIT, Chapter I— Consumer and Marketing and Orders; Fruits, Vegetables, TANGERINES, AND TANGELOS Service (Standards, Inspections, Nuts), Department of Agriculture GROWN IN FLORIDA Marketing Practices), Department [Orange Reg. 65, Amdt. 3] Limitation of Shipments of Agriculture PART 905— ORANGES, GRAPEFRUIT, Findings. (1) Pursuant to the market­ SUBCHAPTER K— FEDERAL SEED ACT TANGERINES, AND TANGELOS ing agreement, as amended, and Order PART 201— FEDERAL SEED ACT GROWN IN FLORIDA No. 905, as amended (7 CFR Part 905), regulating the handling of oranges, REGULATIONS Limitation of Shipments grapefruit, tangerines, and tangelos Miscellaneous Findings. (1) Pursuant to the market­ grown in Florida, effective under the ing agreement, as amended, and Order applicable provisions of the Agricultural On November 19, 1969, here was pub­ No. 905, as amended (7 CFR Part 905), Marketing Agreement Act of 1937, as lished in the F ederal R egister (34 F.R. regulating the handling of oranges, amended (7 U.S.C. 601-674), and upon 18422) a notice of rule making and hear­ grapefruit^ tangerines, and tangelos the basis of the recommendation of the ing with respect to proposed amendments grown in Florida, effective under the ap­ committees established under the afore­ to the rules and regulations (7 CFR Part plicable provisions of the Agricultural said amended marketing agreement and 201, as amended) under the Federal Seed Marketing Agreement Act of 1937, as order, and upon other available infor­ Act, as amended (7 U.S.C. 1551 et seq.). amended (7 U.S.C. 601-674), and upon mation, it is hereby found that the limi­ On January 7, 1970, there was published the basis of the recommendations of the tation of shipments of grapefruit, as in the F ederal R egister (35 F.R. 231) a committees established under the afore­ hereinafter provided, will tend to effectu­ notice of extension of time for written ate the declared policy of the act. comments to January 23,1970. After con­ said amended marketing agreement and sideration of all relevant matters, in­ order, and upon other available informa­ (2) It is hereby further found that it cluding those presented at the hearing tion, it is hereby found that the limita­ is impracticable, unnecessary, and con­ tion of shipments of Murcott Honey or­ trary to the public interest to give pre­ and in writing pursuant to said notices, anges, as hereinafter provided, will tend and under authority of section 402 of the to effectuate the declared policy of the liminary notice, engage in public rule- Federal Seed Act (7 U.S.C. 1592) the pro­ making procedure, and postpone the posed amendments are adopted as set act. (2) It is hereby further found that it iseffective date of this amendment until 30 forth below. days after publication thereof in the 1. Section 201.208 is amended by add­ impracticable and contrary to the public ing to the list of kinds of seeds in para­ interest to give preliminary notice, en­ F ederal R egister (5 U.S.C. 553) in that graph (a) in proper alphabetical order gage in public rule-making procedure, the time intervening between the date the following: and postpone the effective date of this when information upon which this amendment until 30 days after publica­ Crambe. Tritioale. amendment is based became available tion in the F ederal R egister (5 U.S.C. 2. Section 201.221a, Table 5, is and the time when this amendment must 553) because the time intervening be­ become effective in order to effectuate amended to: tween the date when information upon a. Insert in the list of Vegetable Seeds the declared policy of the act is insuffi­ in proper alphabetical order the follow­ which this amendment is based became cient; and this amendment relieves ing: available and the time when this amend­ restrictions on the handling of seedless Cress, upland______I______5 10 ment must become effective in order to grapefruit grown in Florida. effectuate the declared policy of the act b. Change the name “Bermudagrass, (a) Order. In § 905.514 (Grapefruit Common” to “Bermudagrass” in the list is insufficient; and this amendment re­ Regulation 68, 34 F.R. 14380, 18449, of agricultural seeds. lieves restrictions on the handling of 19809; 35 F.R. 5460, 6747), the provisions c. Add in proper alphabetical order in Murcott Honey oranges grown in Florida. of (a) (1) (iii) and (a) (1) (iv) are the list of “Agricultural Seeds” in the Order. In § 905.521 (Orange Regula­ amended to read as follows: respective columns the following: tion 65; 35 F.R. 72; 35 F.R. 1043, 5461), § 905.514 Grapefruit Regulation 68. Crambe______25 100 the provisions of paragraph (a) (2) (vii) Trlticale______.______100 500 are amended to read as follows : (a) * * * ( 1 ) * * * 3. Section 201.222 is amended by add­ § 905.521 Orange Regulation 65. ing to the list of kinds of seed in para­ (iii) Any seedless grapefruit, grown in graph (a) in the proper alphabetical or­ (a) * * * Regulation Area I, which do not grade der the following: ( 2) * * * at least U.S. No. 2 Russet; Crambe. Triticale. (vii) Any Murcott Honey oranges, (iv) Any seedless grapefruit, grown grown in the production area, which do Effective date. The amendments of the in Regulation Area II, which do not grade regulations hereby adopted shall become not grade at least U.S. No. 2; or at least U.S. No. 2 Russet; or effective 30 days after publication in the * * * * * ♦ * * * * Federal R egister. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) 601-674) Done at Washington, D.C., this 15th day of April 1970. Dated May 8, 1970, to become effective Dated May 8, 1970, to become effective May 11,1970. Eugene T. R ossides, May 11,1970. Assistant Secretary of the Treasury. P aul A. N icholson, P aul A. N icholson, Deputy Director, Fruit and Veg­ Deputy Director, Fruit and Veg­ R ichard Lyng, etable Division, Consumer and etable Division, Consumer and Assistant Secretary of Agriculture. Marketing Service. Marketing Service. [PR. Doc. 70-5884; Filed, May 12, 1970; [F.R. Doc. 70-5836; Filed, May 12, 1970; [F.R. Doc. 70-5885; Filed, May 12, 1970; 8:51 a.m.] 8:47 a.mr] 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7412 RULES AND REGULATIONS

rection to Secondary Road 637; thence, Title 9— ANIMALS AND following Secondary Road 637 in a west­ Title 14— AERONAUTICS AND erly direction to Secondary Road 624; ANIMAL PRODUCTS thence, following Secondary Road 624 SPACE Chapter I— Agricultural Research in a northwesterly direction to its junc­ Service, Department of Agriculture tion with Secondary Road 638 near New­ Chapter I— Federal Aviation Adminis­ land Community. tration, Department of Transportation SUBCHAPTER C— INTERSTATE TRANSPORTATION ( xvi ) The adj acent portions of Gooch­ OF ANIMALS AND POULTRY land and Powhatan Counties bounded by [Airspace Docket No. 70-SO-17] PART 76— HOG CHOLERA AND a line beginning at the juncton of U.S. pa rt 71— DESIGNATION OF FEDERAL Highway 522 and Secondary Highway AIRWAYS, CONTROLLED AIRSPACE, OTHER COMMUNICABLE SWINE 634; .thence, following Secondary High­ DISEASES way 634 in a northeasterly direction to AND REPORTING POINTS Areas Quarantined Secondary Highway 639; thence, follow­ Alteration of Control Zone and Tran­ ing Secondary Highway 639 in a gener­ Pursuant to provisions of the Act of sition Area and Revocation of ally southeasterly direction to Secondary Transition Area May 29, 1884, as amended, the Act of Highway 670; thence, following Second­ February 2, 1903, as amended, the Act of ary Highway 670 in a southerly direction On April 23, 1970, Federal Register March 3, 1905, as amended, the Act of to Primary Highway 6; thence, following Document No. 70-4917 was published in September 6, 1961, and the Act of July 2, Primary Highway 6 in a westerly direc­ the F ederal R egister (35 F.R. 6492), 1962 (21 U.S.C. 111-113, 114g, 115, 117, tion to Secondary Highway 628; thence, amending Part 71 of the Federal Aviation 120, 121, 123-126, 134b, 134f), Part 76, following Secondary Highway 628 in a Regulations by altering airspace in the Title 9, Code of Federal Regulations, re­ southwesterly direction to Secondary Atlanta, Ga., terminal area. stricting the interstate movement of Highway 711; thence, following Second­ In the amendment, the “southeast” di­ swine and certain products because of ary Highway 711 in a northwesterly rection, as applied to the transition area hog cholera and other communicable direction to Secondary Highway 617; extension predicated on the Atlanta ILS swine diseases, is hereby amended in the thence, following Secondary Highway Runway 33 localizer southeast course, following respects : 617 in a generally northwesterly direction was in error and should be corrected to 1. In § 76.2, the introductory portion to U.S. Highway 522; thence, following “northeast.” It is necessary to amend the of paragraph (e) is amended by adding U.S. Highway 522 in a northeasterly di­ Federal Register Document to reflect this the name of the State of Alabama thereto rection to its junction with Secondary change. Since this amendment is editorial and a new paragraph (e) (2) relating to Highway 634. in nature, notice and public procedure the State of Alabama is added to read: (Secs. 4-7, 23 Stat, 32, as amended, secs. 1, hereon are unnecessary. (e) * * * 2, 32 Stat. 791-792, as amended, secs. 1-4, 33 In consideration of the foregoing, (2) Alabama. That portion of Morgan Stat. 1264, 1265, as amended, sec. 1, 75 Stat. Federal Register Document No. 70-4917 County bounded by a line beginning at 481, secs. 3 and 11, 76 Stat. 130, 132; 21 Ü.S.C. is amended effective immediately, as the junction of State Highway 24 and 111, 112, 113, 114g, 115, 117, 120, 121, 123-126, follows: County Road 41; thence, following State 134b, 134f; 29 F.R. 16210, as amended) In line eight of the Atlanta, Ga., Highway 24 in a southwesterly direction Effective date. The foregoing amend­ transition area description . . south­ to the Morgan-Lawrence County line; ments shall become effective upon east . . .” is deleted and “. . . northeast thence, following the Morgan-Lawrence issuance. . . .” is substituted therefor. County line in a southerly direction to the southern boundary of sec. 18, of T. 6 The amendments quarantine a portion (Sec. 307(a) of the Federal Aviation Act of S., R. 5 W.; thence, following the south­ of Morgan County, Ala., and portions of 1958; 49 U.S.C. 1348(a); and of sec. 6(c) of Richmond, Goochland, and Powhatan the Department of Transportation Act; 49 ern boundaries of secs. 18, 17, 16, 15, 14, U.S.C. 1655(c) ) and 13, of T. 6 S., R. 5 W. in an easterly Counties in Virginia because of the exist­ direction to County Road 41; thence, fol­ ence of hog cholera. This action is Issued in East Point, Ga., on May 1, lowing County Road 41 in a generally deemed necessary to prevent further 1970. northerly direction to its junction with spread of the disease. The restrictions G ordon A. W illiam, Jr., State Highway 24. pertaining to the interstate movement of Acting Director, Southern Region. swine and swine products from or 2. In § 76.2, in paragraph (e) (16) [F.R. Doc. 70-5849; Filed, May 12, 1970; through quarantined areas as contained 8:48 a.m.] relating to the State of Virginia, a new in 9 CFR Part 76, as amended, will apply subdivision (xv) relating to Richmond to the quarantined areas designated County and a new subdivision (xvi) re­ herein. lating to Goochland and Powhatan Counties are added to read : The amendments impose certain fur­ Title 18— CONSERVATION OF (e> * * * ther restrictions necessary to prevent the interstate spread of hog cholera and must (16) Virginia. * * * be made effective immediately to accom­ POWER AND WATER RESOURCES (xv) That portion of Richmond plish their purpose in the public interest. County bounded by a line beginning at Chapter I— Federal Power Accordingly, under the administrative Commission the junction of Secondary Roads 624 and procedure provisions in 5 U.S.C. 553, it is 638 near Newland Comfnunity; thence, found upon good cause that notice and [Docket No. R-378: Order 401] following Secondary Road 638 in a south­ other public procedure with respect to westerly direction to the public landing SUBCHAPTER G— APPROVED FORMS, NATURAL on the eastern bank of the Rappahan­ the amendments are impracticable and GAS ACT nock River; thence, following the eastern contrary to the public interest, and good PART 260— STATEMENTS AND bank of the Rappahannock River in a cause is found for making them effective REPORTS (SCHEDULES) southeasterly direction to Secondary less than 30 days after publication in the Road 634; thence, following Secondary F ederal R egister. Report by Natural Gas Pipeline Com­ Road 634 in a generally southeasterly panies on Service Interruptions Oc­ direction to Secondary Road 624 ; thence, Done at Washington, D.C., this 8th day curring on the Pipeline System following Secondary Road 624 in a nor­ of May 1970. therly direction to Secondary Road 621; F. R. Mangham, May 6,1970. thence, following Secondary Road 621 Acting Administrator, On January 16, 1970, the Commission in a northeasterly direction to Seconda.ry Agricultural Research Service. issued a notice of proposed rulemaking, Road 690; thence, following Secondary [F.R. Doc. 70-5886; Filed, May 12, 1970; which was published in the F ederal R eg­ Road 690 in a generally northerly di­ 8:51 a.m.] ister on January 22, 1970 (35 F.R. 903),

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7413

stating that the Federal Power Commis­ ance of this order, as hereinafter set involving failure of facilities on any part sion proposed to amend its regulations forth. of the pipeline system operated under under the Natural Gas Act to provide for The Commission finds: certificate authorization from the Com­ notification by natural gas pipeline com­ (1) The "notice and opportunity to mission a copy of such failure reports panies to the Commission in the event of participate in this proceeding through as required by the Department of Trans­ serious interruptions to natural gas serv­ the submission in writing of data, views, portation reporting requirement under ice caused by system failure on any part comments and suggestions in the man­ the Natural Gas Pipeline Safety Act of of the pipeline system or other causes. ner described above, are consistent and 1968. Interested persons were afforded an op- in accordance with the procedural re­ (e) Copies of the telegraphic report - portunity to submit comments to the quirements prescribed in 5 U.S.C. 553. on interruption of service shall be sent Commission concerning the proposed (2) The amendments hereinafter set to the State commission in those States revised report forms and regulations. forth are necessary and appropriate for where service has been or might be Comments were received from the Nat­ carrying out the provisions of the Natural affected. ural Gas Pipeline Co. of America, Gas Act. (Secs. 7, 10, 13, 14, 16; 52 Stat. 824, 825, 826, Algonquin Gas Transmission Co., and (3) In view of the foregoing and upon 827, 828, 830; 56 Stat. 83, 84; 61 Stat. 459; 15 Cities Service Gas Co. Natural Gas Pipe­ consideration pf all relevant matters pre­ U.S.C. 717f, 717i, 717Z, 717m, 717o) line generally supported the proposed sented, good cause exists for making rule. Algonquin suggested that paragraph these amendments effective upon issu­ (B) The schedule, “Pipeline System (a) be clarified to exempt from report­ ance of this order. Accidents and Failures,” on page 570 of ing requirements any interruptions of The Commission, acting pursuant to FPC Form No. 2, prescribed by § 260.1(c) service occasioned by planned shutdowns the provisions of the Natural Gas Act, as (18 CFR 260.1(c)) is deleted and a new for routine maintenance or construction amended, particularly sections 7, 10, 13, schedule, set forth in Attachment A 1 tie-ins. Cities Service suggested modifica­ 14 and 16 thereof (52 Stat. 824, 825, 826, and entitled “Service Interruptions Oc­ tions to require telegraphic reports only 827, 828, 830; 56 Stat. 83, 84; 61 Stat. curring on the Pipeline System,” is on those occasions when more than a pre­ 459; 15 U.S.C. 717f, 717i, 7171, 717m and substituted. scribed minimum number of firm resale 717o) orders: ,(C) The schedule, “Pipeline System customers were interrupted or where the (A) Section 260.9 of the FPC’s regula­Accidents and Failures” on page 14 of interrupted firm resale service is down­ tions under the Natural Gas Act, Part FPC Form 2-A prescribed by § 260.2(c) stream of a city gate meter or where the 260, Subchapter G, Chapter I, Title 18, (18 CFR 260.2(c)) is deleted and a new interruption of firm resale service exceeds of the Code of Federal Regulations (18 schedule set forth in Attachment A and 24 hours duration. CFR 260.9) is amended by deleting the entitled “Service Interruptions Occur­ The reporting and the compilation of entire text of section 260.9 and substitut­ ring on the Pipeline System,” is such reports as required by this rulemak­ ing a new section 260.9 reading as substituted. ing will assist the Commission and the follows: (D) In order to list correctly the new natural gas industry in fulfilling their schedules, paragraph (c) of § 260.1 and obligation to the public to provide better § 260.9 Report by natural gas pipeline paragraph (c) of § 260.2 of the Commis­ companies on service interruptions sion’s Regulations under the Natural Gas service through increased efficiency and occurring on the pipeline system. reliability. Specifically, the purpose of the Act, Part 260, Subchapter G, Chapter I, proposed modification of the Commis­ (a) Every natural gas pipeline com­ Title 18 of the Code of Federal Regula­ sion’s regulations is primarily to provide pany shall report to the Federal Power tions, are amended by deleting the sched­ the Commission with timely information Commission serious interruptions of ule title “Pipeline System Accidents and concerning interruptions to wholesale service to any wholesale customer in­ Failures” and substituting therefore the service. Such interruption could result volving facilities operated under certifi­ new schedule title “Service Interruptions from a variety of causes, including me­ cate authorization from the Commission. Occurring on the Pipeline System.” As chanical failures, abnormal demands on Such serious interruptions of service revised, these schedule titles will read: the system, accidents, hurricanes, floods shall include interruptions of service to §260.1 Form No. 2; Annual report for and other natural disasters. In light of communities, major Government instal­ natural gas companies (Class A and these purposes, we do not believe that the lations and large industrial plants out­ Class B ). number of customers affected should be side of communities or any other inter­ * * * * * the criterion for requiring telegraphic, ruptions which are significant in the (C) * * * notification. For example, a number of judgment of the pipeline company. Inter- communities could be served through ruptable service interrupted in accord­ Service Interruptions Occurring on the one meter station. ance with the provisions of filed tariffs, Pipeline System However, we are amending the pro­ interruptions of service resulting from * * * * * planned maintenance or construction posed rule to state that interruptions of § 260.2 Form No. 2—A; Annual report service resulting from planned mainte­ and interruptions of service of less than for natural gas companies (Class C nance or construction and interruptions 3-hours duration need not be reported. and Class D ). of service of less than 3 hours duration (b) Natural gas pipeline companies * * * * * need not be reported. The revision would shall report such interruptions to service also require reporting of interruptions by telegram to the Chief, Bureau of Nat­ (C) * * * of firm service to communities, major ural Gas, Federal Power Commission, Service Interruptions Occurring on the government installations and large in­ 441 G Street NW., Washington, D.C. Pipeline System dustrial plants outside of communities 20426, at the earliest feasible time follow­ * * * * * that are serviced by wholesale customers, ing such interruption to service and shall (E) These amendments shall become or other interruptions considered signif­ state briefly the (1) location and (2) time effective upon issuance of this order. icant in the judgment of the pipeline thereof, (3) customers affected, and (4) company. emergency actions taken to maintain (F) The Secretary shall cause prompt In addition, the wording “any service” service. publication of this order to be made in in section 260.9(a) should be changed to (c) If so directed by the Commission the F ederal R egister. “interruptible service” to make sure that or the Chief, Bureau of Natural Gas, the By the Commission. the sentence is not interpreted to include company shall provide such supple­ [seal] Gordon M. G rant, firm' service that may be interrupted mental information so as to provide a Secretary. under “force majeure” provisions of the full report of the circumstances sur­ tariff. rounding the occurrence. [F.R. Doc. 70-5863; Filed, May 12, 1970; Accordingly, § 260.9 of the Commis­ (d) Natural gas pipeline companies 8:49 a.m.] sion’s regulations under the Natural Gas shall furnish to the Commission within Act is amended, effective with the issu- 20 days of each interruption to service 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7414 RULES AND REGULATIONS

Dated; May 1, 1970. ported by grounds legally sufficient to Title 21— FOOD AND DRUGS justify the relief sought. Objections may Charles C. Edwards, be accompanied by a memorandum or Chapter I— Food and Drug Adminis­ Commissioner of Food and Drugs. brief in supporÌNthereof. tration, Department of Health, [F.R. Doc. 70-5823; Filed, May 12, 1970; Education, and Welfare 8:46 ajn.] Effective date. This order shall become effective on its date of publication in the SUBCHAPTER B— FOOD AND FOOD PRODUCTS F ederal R egister. PART 121— FOOD ADDITIVES PART 121— FOOD ADDITIVES (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348(c)(1)) Subpart A— Definitions and Proce­ Subpart F— Food Additives Resulting Dated: April 30, 1970. dural and Interpretative Regulations From Contact With Containers or Equipment and Food Additives VR. E. D uggan, Glycine in P ood for H uman Otherwise Affecting Food Acting Associate Commissioner Consumption for Compliance. P olycarbonate R esins Pursuant to provisions of the Federal [F.R. Doc. 70-5825; Filed, May 12, 1970; Food, Drug, and Cosmetic Act (secs. 201 The Commissioner of Food, and Drugs, 8:46 a.m.] (s), 409, 701(a), 52 Stat. 1055, 72 Stat. having evaluated the data in a petition 1784-88, as amended; 21 U.S.C. 321 (s), (9B2430) filed by Mobay Chemical Co., 348, 371(a)) and under authority dele­ Penn Lincoln Parkway West, Pittsburgh, PART 121— FOOD ADDITIVES gated to the Commissioner of Food and Pa. 15205, on behalf of Farbenfabriken Drugs (21 CFR 2.120), the following new Bayer A.G., Leverkusen, Federal Repub­ Subpart G— Radiation and Radiation statement of policy is added to Part 121, lic of Germany, and other relevant ma­ Sources Intended for Use in the Subpart A: terial, concludes that the food additive Production, Processing, and Han­ § 121.12 Glycine in food for human regulations should be amended to pro­ dling of Food consumption; statement of polity. vide for the safe use of a2,a6-bis(6- hydroxy-m-tolyl) mesitol in the produc­ Americium 241 (a) Heretofore, the Food and Drug tion of branched polycarbonate resins The Commissioner of Food and Drugs, Administration has expressed the opinion intended for food-contact use. There­ having evaluated the data submitted in a in trade correspondence that glycine fore, pursuant to provisions of the petition (FAP OM2440) filed by Indus­ is generally recognized as safe for certain Federal Food, Drug, and Cosmetic Act trial Dynamics Company, Ltd., Torrance, technical effects in human food when (sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. Calif. 90503, and other relevant material, used in accordance with good manufac­ 348(c)(1)) and under authority dele­ concludes that the food additive regula­ turing practice; however: gated to the Commissioner (21 CFR tions should be amended to provide for (1) Reports in scientific literature in­ 2.120), § 121.2574 is amended by adding the safe use of americium 241 as a dicate that adverse effects were found in a new subparagraph to paragraph (a) gamma radiation source for inspecting cases where high levels of glycine were and by revising the introductory text of packaged food products. Therefore, pur­ administered in diets of experimental paragraph (b), as follows: suant to provisions of the Federal Food, animals. § 124.2574 Polycarbonate resins. Drug, and Cosmetic Act (sec. 409(c) (1)), (2) Current usage information indi­ 72 Stat. 1786; 21 U.S.C. 348(c)(1)) and cates that the daily dietary intake of * * * * * under authority delegated to the Com­ glycine by humans may be substantially (a) * * * missioner (21 CFR 2.120), § 121.3001 increasing due to changing use patterns (3.) The condensation of 4,4'-isopro- (a) (2) is revised to read as follows: in food technology. pylidenediphenol, carbonyl chloride, and § 121.3001 Sources of radiation used Therefore, the Food and Drug Adminis­ 0.5 percent weight maximum of a2,a6- bis(6-hydroxy-m-tolyl) mesitol to which for inspection of food, for inspection tration no longer regards glycine and of packaged food, and for controlling its salts as generally recognized as safe may have been added certain optional adjuvant substances required in the fo o d processing. for use in human food and all outstand­ * * * * * ing letters expressing sanction for such production of branched polycarbonate use are rescinded. resins. (al * * * (b) The Commissioner of Food and (b) The optional adjuvant substances (2) Sealed units producing radiations Drugs concludes that in the public in­ required in the production of resins pro­ at energy levels of not more than 2.2 terest and within 180 days after publica­ duced by the methods described in million electron volts from one of the paragraph (a) (1) and (3) of this sec­ following isotopes: Americium 241, tion of this section, in the F ederal cesium 137, cobalt 60, krypton 85, radium R egister, manufacturers: tion may include substances generally (1) Shall reformulate food products recognized as safe in food, substances 226, and strontium 90. for human use to eliminate added gly­ used in accordance with a prior sanction * * * * * cine and its salts; or or approval, and the following: Any person who will be adversely af­ (2) Shall bring such products into * * * * * fected by the foregoing order may at any compliance with an authorizing food Any person who will be adversely af­ time within 30 days after its date of pub­ additive regulation. A food additive peti­ fected by the foregoing order may at any lication in the F ederal R egister file with tion supported by toxicity data is re­ time within 30 days after its date of pub­ with the Hearing Clerk, Department of quired to show that any proposed level of lication in the F ederal R egister file with Health, Education, and Welfare, Room glycine or its salts added to food for with the Hearing Clerk, Department of 6-62, 5600 Fishers Lane, Rockville, Md. human consumption will be safe. Health, Education, and Welfare, Room 20852, written objections thereto in (c) The status of glycine as generally 6-62, 5600 Fishers Lane, Rockville, Md. quintuplicate. Objections shall show recognized as safe for use in animal feed, 20852, written objections thereto in wherein the person filing will be ad­ as prescribed in § 121.101(d) (5), remains quintuplicate. Objections shall show versely affected by the order and specify unchanged because the additive is con­ wherein the person filing will be adverse­ with particularity the provisions of the sidered an essential nutrient in certain ly affected by the order and specify order deemed objectionable and the animal feeds and is safe for such use with particularity the provisions of the grounds for the objections. If a hearing under conditions of good feeding order deemed objectionable and the is requested, the objections must state practice. grounds for the objections. If a hearing the issues for the hearing. A hearing will (Secs. 201 (s), 409, 701(a), 52 Stat. 1055, 72 is requested, the objections must state be granted if the objections are sup­ Stat. 1784-88, as amended; 21 U.S.C. 321 ( s ), the issues for the hearing. A hearing will ported by grounds legally sufficient to 348, 371(a)) be granted if the objections are sup­ justify the relief sought. Objections may

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7415 be accompanied by a memorandum or SUBCHAPTER D— HAZARDOUS SUBSTANCES explosive fireworks, such as cherry brief in support thereof. bombs, M-80 salutes, and similar items, PART 191— HAZARDOUS SUB­ reach the general public. Effective date. This order shall become STANCES: DEFINITIONS AND PRO­ Having considered the comments and effective on its date of publication in the CEDURAL AND INTERPRETATIVE other relevant material, the Commis­ Fereral R egister. REGULATIONS sioner concludes that an order should (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. be promulgated as follows which will 348(c)(1)) Fireworks Devices; Classification as ban certain types of fireworks except un­ Dated: April 29, 1970. Banned Hazardous Substances and der certain conditions for bona fide crop Revocation of Exemption protection purposes (but not for general R. E. D uggan, fireworks use). Acting Associate Commissioner In the matter of classifying certain Therefore, pursuant to provisions of for Compliance. fireworks devices as “banned hazardous said act (sec. 2(q) (1)(B), (2), 74 Stat. substances” within the meaning of sec­ [F.R. Doc. 70-5824; Piled, May 12, 1970; 372, 80 Stat. 1304-5; 15 U.S.C. 1261) and 8:46 a.m.] tion 2(q) (1) (B) of the Federal Hazard­ of the Federal Food, Drug, and Cosmetic ous Substances Act: Act (sec. 701(e), 52 Stat. 1055, as Certain fireworks devices intended for amended; 21 U.S.C. 371(e)), and under SUBCHAPTER C— DRUGS use by children and producing audible authority delegated to the Commissioner effects caused by a charge of more than PART 148k— NYSTATIN (21 CFR 2.120): It is ordered, That Part 2 grains of pyrotechnic composition are 191 be amended: Nystatin Tablets banned hazardous substances under sec­ 1. By adding to § 191.9(a) a new sub- tion 2(q) (1) (A) of the act. Such fire­ paragraph as follows: Pursuant to provisions of the Federal works, however, intended and actually Food, Drug, and Cosmetic Act (sec. 507, used in bona fide crop protection pur­ § 191.9 Banned hazardous substances. 59 Stat. 463, as amended; 21 U.S.C. 357) poses are not banned. (a) * * * and under authority delegated to the Products ostensibly intended for agri­ (3) Fireworks devices intended to Commissioner of Food arid Drugs (21 cultural use have been diverted and sold produce audible effects (including but not CFR 2.120), § 148k.7(a) (1) is revised to to the general public (including chil­ limited to cherry bombs, M-80 salutes, read as follows to change the disinte­ dren) and have caused eight fatalities silver salutes, and other large firecrack­ gration specification for film-coated (six were teenage or younger) and a ers, aerial bombs, and other fireworks nystatin tablets from 15 to 30 minutes: large number of serious injuries ranging designed to produce audible effects, and § 148k.7 Nystatin tablets. from puncture wounds to broken bones including kits and components intended and shattered hands. The Commissioner to produce such fireworks) if the audible (a) Requirements for certification— of Food and Drugs concludes that (1) Standards of identity, strength, qual­ effect is produced by a charge of more changes in the regulations are necessary than 2 grains of pyrotechnic composi­ ity, and purity. Nystatin tablets are tab­ to strengthen the ban against the avail­ lets composed of nystatin and suitable tion; except that this order shall not ability of such items to the general apply to such fireworks meeting all of and harmless buffer substances, diluents, public. binders, lubricants, colorings, and flavor­ the following conditions: ings. Each tablet contains 500,000 units A proposal to classify all such articles (i) Such fireworks are intended for of nystatin. If they are plain coated, the (including those intended for crop pro­ use solely for bona fide crop protection moisture content is not more than 5 tection) as banned hazardous substances purposes, such as protection of crops percent and they shall disintegrate was published in the F ederal R egister from depredation by birds and animals,, within 2 hours. If they are film coated of January 8, 1969 (34 F.R. 260). In re­ and are conspicuously so labeled, and and contain a starch filler, the moisture sponse, approximately 175 comments are not diverted or distributed for any content is not more than 8 percent and were received. other use; and they shall disintegrate within 30 minutes. Many of the comments expressed con­ (ii) Each manufacturer or importer of The nystatin used conforms to the stand­ cern that the order would ban other such agricultural fireworks shall: ards prescribed by § 148k.l(a) (1). Each crop protection devices such as carbide or (a) Submit a sample of each type of other ingredient used, if its name is rec­ propane exploding devices and exploding such agricultural fireworks to the Divi­ ognized in the U.S.P. or N.F., conforms shotgun shells (cracker shells). The sion of Hazardous Substances, Food and to the standards prescribed therefor by Commissioner recognizes the need for Drug Administration, 200 C Street SW., such official compendium. such crop protection devices and does not Washington, D.C. 20201; and * * * * * intend to ban them. Three comments (b) Maintain complete records of were received urging the banning of all production and distribution of such fire­ This order merely makes a technical fireworks other than paper caps; how­ works; and adjustment in the regulation for the ever, the statute requires that common (iii) Each wholesaler, importer, and subject drug that has no effect on the fireworks be exempted from the ban to retailer of such fireworks shall maintain safety or efficacy of the article. The the extent that the Secretary determines complete records of receipt and distribu­ amendment is noncontroversial and non- such articles can be adequately labeled tion of such fireworks; and restrictive in nature; therefore, notice to protect purchasers and users. Other (iv) Any records required to be main­ and public procedure, and delayed ef­ comments favored the banning of large tained under subdivision (ii) or (iii) of fective date are not prerequisites to this explosive fireworks from household chan­ this subparagraph shall: promulgation. nels, but expressed a desire to maintain (a) Be kept for at least 3 years after Effective date. This order shall be intact the legal flow of common fire­ distribution of the articles has been com­ works. pleted; and effective upon publication in the F ederal (b) Include the proper and complete Register. The intention is not to ban so-called “Class C” common fireworks, but only name and address of the consignee, and (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. the date, quantity, and type of fireworks 357) those designed to produce audible effects caused by a charge of more than 2 grains shipped; and Dated: May 5,1970. Of pyrotechnic composition. (Propelling (c) Be made available for inspection and expelling charges consisting of a on request of any authorized agent of S am D. F ine, mixture of sulfur, charcoal, and saltpeter the Food and Drug Administration; and Acting Associate Commissioner are not considered as designed to produce (v) Each immediate container for for Compliance. audible effects.) The Commissioner’s such fireworks is fully labeled in ac­ [F.R. Doc. 70-5826; Piled, May 12, 1970; 8:46 primary concern in this matter is to close cordance with the requirements of the a m .] the loophole through which dangerously Federal Hazardous Substances Act; and

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 No. 9! -2 7416 RULES AND REGULATIONS

(vi) Such fireworks are not distrib­ Any liquids in aerosol containers. vision shall be included in all solicita­ uted in any State which does not specif­ 3. In the country item Netherlands tions for offers: ically provide for the use of such fire­ under Parcel Post amend the table of fees Award works for crop protection purposes. and limits of indemnity appearing under Insurance to read as follows: Until a formal notice of award is issued, § 191.65 [Amended] no communication by the Government, Limits of Indemnity Fee whether written or oral, shall be interpreted 2. In § 191.65 Exemptions from clas­Not over $15_____ $0.35 as a promise that an award* will be made. sification as banned hazardous sub­ $15.01 to $50______.45 stances, by revoking paragraph (a)(3). $50.01 to $100______.55 Any person who will be adversely af­ $100.01 to $150______.65 PART 5A-3— PROCUREMENT BY fected by the foregoing order may at any $150.01 to $200__ ;______.75 NEGOTIATION time within 30 days after its date of $200.01 to $300______.95 publication in the F ederal R egister file $300.01 to $330______1. 15 Subpart 5A-3.1— Use of Negotiation with the Hearing Clerk, Department of 4. In the country item Nigeria under 2. Section 5A-3.103(f) is added as Health, Education, and Welfare, Room Postal Union Mail, in paragraph Obser­ follows: 6-62, 5600 Fishers Lane, Rockville, Md. vations delete the following named post 20852, written objections thereto. Objec­ offices from the list of suspended offices § 5A—3.103 Dissemination ~ of procure­ tions shall show wherein the person fil­ since services to them have been restored. ment information. $ $ $ $ $ ing will be adversely affected by the order Enugu. Nwaniba. and specify with particularity the provi­ Etinan. Obubra. (f) The provisions of § 5A-2.407-l(c) sions of the order deemed objectionable Itu. regarding the avoidance of creating false and the grounds for the objections. If a. (5 U.S.C. 301, 39 U.S.C. 501, 505) impressions in the eyes of prospective hearing is requested, the objections must contractors about forthcoming awards state the issues for the-hearing and such D avid A. N elson, also apply to negotiated procurements. objections must be supported by grounds General Counsel. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); legally sufficient to justify the relief [F.R. Doc. 70-5844; Filed, May 12, 1970; 41 CFR 5-1.101(c)) sought. Objections may be accompanied 8:47 a.m.] by a memorandum or brief in support Effective date. These regulations are thereof. All documents shall be filed in effective 60 days from the date shown six copies. immediately below. Effective date. This order shall become Dated: April 23,1970. effective 45 days after its date of pub­ Title 41— PUBLIC CONTRACTS lication in the F ederal R egister, except H. A. Abersfeller, as to any provisions that may be stayed AND PROPERTY MANAGEMENT Commissioner, by the filing of proper objections. Notice Chapter 5A— Federal Supply Service, Federal Supply Service. of the filing of objections or lack thereof General Services Administration [F.R. Doc. 70-5842; Filed, May 12, 1970; will be given by publication in the F ed­ 8:47 a.m.] eral R egister. PROCUREMENT INFORMATION (Sec. 2(q) (1) (B ), (2), 74 Stat. 372, 80 Stat. Parts 5A-2 and 5A-3 of Title 41 are 1304-5; 15 U.S.C. 1261; sec. 701(e), 52 Stat. amended as follows : 1055, as amended; 21 U.S.C. 371 (e)) Title 43— PUBLIC LANDS: PART 5A-2— PROCUREMENT BY Dated: May 8, 1970. FORMAL ADVERTISING INTERIOR Charles C. Edwards, Subpart 5A-2.4— Opening of Bids Chapter II— Bureau of Land Manage' Commissioner of Food and Drugs. ment, Department of the Interior [F.R. Doc. 70-5865; Filed, May 12, 1970; and Award of Contracts 8:49 a.m.] 1. Section 5A-2.407-l(c) is added as SUBCHAPTER C— MINERALS MANAGEMENT follows : (3000) [Circular 2271] § 5A—2.407—1 General. Title 39— POSTAL SERVICE £ * * * * PART 3130— COAL LEASES, Chapter I— Post Office Department (c) Preaward inquiries from bidders PERMITS AND LICENSES normally shall be directed to the Business Coal Application Requirements SUBCHAPTER C— INTERNATIONAL MAIL Service Center in accordance with § 5- APPENDIX— DIRECTORY OF 2.408(c). If the inquiry js about the status On page 3815 of the F ederal R egister of February 27,1970, there was published INTERNATIONAL MAIL of an award and notice of award has npt been issued, the Business Service Center a notice of proposed rule making amend­ In the appendix to Subchapter C the personnel or the contracting personnel, ing Part 3130 of Title 43, Code of Federal following changes are made: as appropriate, shall limit their response Regulations. 1. In the country item Ghana under to a statement that final award determi­ The purpose of the amendment is to Postal Union Mail and Parcel Post, nation has not been made. Any action or relieve applicants for coal leases and amend the paragraphs Prohibitions to discussion which may create false im­ permits of requirements to supply cer­ read as follows, respectively: pressions in the eyes of prospective con­ tain types of information that is, in part, tractors about any forthcoming award already available to the Department. P ostal U nion Mail must be avoided. Bidders must clearly Interested persons were given 30 days Prohibitions. Paper money, except understand that until a formal notice of within which to submit comments, sug­ when mailed under registration from a award is issued that no communication gestions or objections with respect to bank to another. Also see § 221.3 of this by the Government, whether written or the proposed amendment. One comment chapter. oral, shall be interpreted as a promise was received. The comment supported P arcel P ost that an award will be made. This in­ the amendment but suggested deleting cludes, but is not. limited to, requests for the requirement for a statement of esti­ Prohibitions. Paper money. Also see mated reserves of coal where the apph- § 231.2 of this chapter. clarification of an offer, requests to ex­ tend the offer acceptance time, or re­ cant is seeking acreage in addition to 2. In the country item Great Britain quests for information for the purpose of fho nan whir.h mav ordinarily ^6 and Northern Ireland under Parcel Post, verifying an offeror’s ability to perform held. insert the following paragraph as the any resultant contract. In conformance This requirement is consistent with seventh paragraph under Prohibitions: with the foregoing, thé following pro­ the provision of the Mineral Leasing Act

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1*70 RULES AND REGULATIONS 7417 that the Secretary of the Interior find proposed rule making,* flowing largely entertainment programing between 7 that additional acreage is “in the public from an earlier program inquiry,2 in and 11 p.m. All interested parties were interest and necessary to enable the ap­ which we proposed rules intended to mul­ afforded the opportunity to present more plicant to carry on business economi­ tiply competitive sources of television current data. The Commission had no cally” before he leases acreage in excess programing by (1) eliminating networks indication that the overall situation had of 46,080 acres. from domestic syndication and from the materially altered since the filing of the (30 U.S.C. sec. 184(a) (2)) foreign syndication of independently original ADL report and the 1966 com­ (nonnetwork) produced programs; (2) ments, but it asked to be advised of sig­ The proposed regulations are hereby prohibiting networks from acquiring ad­ nificant changes if any had taken place. adopted without change and are set ditional rights in programs independ­ The order stated that, unless additional forth below. These regulations shall be ently produced and licensed for network infomation and data were presented to effective upon publication in the F ederal showing; and (3) limiting to approxi­ show the contrary, the Commission Register. mately 50 percent (with certain pro­ would assume “that the situation is not W alter J. Hickel, grams exempted) the amount of net­ materially altered in syndication and Secretary of the Interior. . work prime time programing in which foreign program markets from what May 7, 1970. networks could have interests beyond the the record disclosed it to have been at right to network exhibitions. The notice or prior to 1964.” Oral argument was 1. Paragraph (d) of § 3131.1 is hereby of rule making sets forth in detail the postponed first to May 12, 1969 and then amended to read as follows: conditions of increasing network control to July 21, 1969, to permit the prepara­ § 3131.1 Acreage limitations. of programs and subsidiary rights in pro­ tion and submission of a supplemental * * * * * grams which led to its adoption. report by Arthur D. Little, Inc., procured 2. Comments were received from manyby CBS and NBC, to bring the statistical (d) A person, association, or corpora­parties.® As part pf their submissions, record to date and provide additional tion may file with the appropriate land the networks submitted a report pre­ data to evaluate the Westinghouse pro­ office an application or applications for pared by Arthur D. Little, Inc. (ADL posal. On or about April 21, 1969 the coal leases or permits for acreage in ad­ Report) containing detailed data on supplemental Little Report was sub­ dition to the 46,080 acres which applica­ network and industry program practices. mitted for the record. Subsequently, ad­ tion or applications shall be in multiples On September 20, 1968, oral argument ditional comments were filed by the of 40 acres, not exceeding a total of was set for December 16,1968/ Comment networks and their affiliates in further 5,120 additional acres in any one State, was specifically requested on a proposal opposition to the proposed rule, and the and shall contain: (1) A statement show­ put forth by Westinghouse in its com­ Westinghouse proposal. In the interim, ing that the granting of a lease or per­ ments which would prohibit a television the Writers Guilds East and West filed mit for such additional lands is neces­ station in any of the top 50 markets in in support of the rule. Also, Richard W. sary to carry on business economically McLaren, Assistant Attorney General, and is in the public interest, and (2) a which there are at least three commercial Antitrust Division, by letter, endorsed statement of direct or indirect interests stations from carrying more than 3 the Westinghouse proposal and the in other Federal and non-Federal coal hours of regularly scheduled network elimination of networks from syndica­ leases and permits in the State, identify­ tion—both rights and distribution. Com­ ing the Federal leases by serial numbers, 1 FCC 65-227, 30 F.R. 4065. ments in support of the Westinghouse and (3) a statement of estimated reserve 2 See Order for Investigatory Proceeding, proposal and the elimination of networks of coal that applicant has from any other Docket No. 12782, FCC 59-166, Feb. 26, 1959, from domestic syndication and foreign source within the State. 24 F.R. 1605; and Supplementary Order for distribution were received from the § 3131.2 [Amended] Investigatory Proceeding, Nov. 9, 1959, FCC National Citizens Committee for Broad­ 59-1136, 24 F.R. 9275, included as exhibits 1 casting. Westinghouse did not file addi­ 2. Paragraph (d) of § 3131.2 is deleted and 3 respectively to part I, Second Interim tional comments. On July 22, and 23, and paragraph (e) of that section is re­ Report, Office of Network Study. See Tele­ vision Network Program Procurement 1969, oral argument was had. The par­ designated as paragraph (d). ties were given until September 15, 1969, 3. Paragraph (a) (3) of § 3132.2 is (printed together with Interim Report of Office of Network Study, Responsibility for to file additional comments. hereby amended, to read as follows: Broadcast Matter (I960)), H. Rept. No. 281, 3. At the oral argument counsel for 8 3132.2 Application for lease. 88th Cong., 1st Session, May 8, 1963. Also see Westinghouse questioned the accuracy of (a) * * * Part II, Second Interim Report, etc. FCC certain data included in the 1969 Sup­ Wash. (1965). plemental Little Report, particularly (3) A statement of interests, direct or 3 Comments were received from the thrée indirect, in other identified Federal coal television networks (ABC, CBS, and NBC) with regard to affiliate clearance of net­ leases, permits or applications therefor and their affiliate associations, industry and work programs. On September 15, 1969, in the same State. Such total interests public groups as well as individuals. In­ counsel for CBS and NBC advised that may not exceed 46,080 acres, except that cluded were : Hon. Emanuel Celler, Chairman some data contained in the 1969 ADL if applicant is a railroad or corporation of Committee of Judiciary of House of Rep­ report was inaccurate. On January 2, resentatives (Oct. 25, 1965) ; National Capital 1970, revised data were submitted and operating a common carrier such total Humanist Association (Jan. 30,1966) ; Screen interests may not exceed 10,240 acres. provided to all parties.® On January 13, Actors Guild (Mar, 4, 1966); Broadcasting 1970, counsel for Westinghouse sub­ * * * * * and Film Commission of National Council of Churches of Christ in the U.S.A. (Mar. 31, mitted a letter of comment on the effect [F.R. Doc. 70-5829; Filed, May 12, 1970; of the new data. On February 13, 1970, 8:46 a.m.] 1966) ; National Football League (Apr. 14, 1966) ; Association of National Advertisers counsel for CBS submitted a letter of (Apr. 15, 1966) ; American Association of Ad­ comment on the revised Little data. vertising Agencies (Apr. 14, 1966); Westing- 4. For the reasons set forth below we house Broadcasting Co. (Apr. 15, 1966); have, decided to adopt our proposed rules Title 47— TELECOMMUNICATION Springfield Television (Apr. 15,1966); NABET with respect to syndication and subsidi­ (Apr. 15, 1966) ; Meredith Broadcasting Co. Chapter I— Federal Communications (Apr. 15, 1966) ; ABC TV Affiliates Association ary rights in independently produced network programs, and what is essen­ Commission (Apr. 28, 1966) ; CBS TV Affiliates Association (Apr. 28, 1966) ; Storer Broadcasting Co. (Apr. tially the Westinghouse proposal. Both [Docket No. 12782; FCC 70-466] 28, 1966); NAB (Apr. 29, 1966); WBEN-TV our original proposal limiting network (Apr. 29, 1966) ; Queen for A Day, Inc. PART 73— RADIO BROADCAST (May 2, 1966); KOOL Radio/Television produced programs to 50 percent of the SERVICES (May 2, 1966); CBS, Inc. (May 2, 1966); NBC evening network schedule and the West­ Television Affiliates (May 2, 1966); reply inghouse proposal were designed to Competition and Responsibility in comments filed by NBC Affiliates, ABC, Inc., Network Television Broadcasting NBC, and CBS. Late filing accepted from American Civil Liberties Union, July 21, * Revised tables 36, 37, 74, 75, and 77-98, 1 and Order. 1. On March 22, 1966. together with additional page for appendix the Commission issued a notice of ‘ FCC 68-959, 33 F.R. 14470. F.

FEDERAL REGISTER, VOL. 35, NO. 93—-WEDNESDAY, MAY 13, 1970 7418 RULES AND REGULATIONS restrain network domination of night­ 11 p.m. local time, except that in the central grams. The Supplemental ADL Report time television and to open access to the time zone the relevant period shall be be­ (as corrected)® reveals the following, valuable nighttime hours to independent tween the hours of 6 p.m. and 10 p.m. using sample weeks: producers. Much of the comments and The rule does not apply to noncommer­ (a) Between 7 and 11 p.m. during data of course pertained to the so-called cial, educational stations using materials sample weeks in 1958 and 1968 all tele­ 50-50 proposed rule. We are not per­ supplied by a noncommercial network, vision stations in the top 50 markets, suaded that this proposal would be un­ and it exempts from “network programs” despite the increase in the number of workable or that it would have the ad­ special news programs dealing with fast­ stations, decreased first-run syndicated verse consequences which its opponents breaking news events, on-the-spot cover­ entertainment series from 1,065 half- have predicted. On the contrary, our age of news events, and political broad­ hours to 833 half-hours, and from 154 study of the entire record indicates that casts by legally qualified candidates for titles to 103 titles. In contrast, off-net­ it would achieve its intended purpose public office. work entertainment series increased without undesirable side effects. How­ 6. The facts which propel us to actionfrom 136 to 916 half-hours, and from 26 ever, there is an expressed fear that it are relatively simple and, we believe, to 90 titles. (Table 36.) might affect the relative competitive quite compelling. There are only three positions of the three networks.6 The (b) The picture is the same if only national television networks.8 Our rec- independent stations, which should be Westinghouse approach is also somewhat cords indicate that as of December 31, more direct in opening up time for pro­ the backbone of the syndication market, 1969, the top 50 markets (ranked by are examined. In the 6-11 p.m. period grams and sponsors outside the network prime time average 1/4 hour households, funnel. We have therefore decided to hold between 1958 and 1968 the average February/March 1969) had 224 operating weekly station hours of first-run syndi­ the 50-50 proposal in abeyance for the television stations (including XETV, time being, without closing the docket, to cated programs on independent stations Tijuana, Mexico), of which 153 were In the top 50 markets decreased from give us time to determine whether the network affiliates, and that the United Westinghouse approach will achieve its 10.95 to 8.54, while off-network programs States as a whole had 621 stations, of increased from 0.87 to 11.02. The per­ intended purpose. We believe it useful, which 499 were network affiliates. Of the however, to set forth the relevant data, centage of total nonnetwork time devoted top 50 markets only 14 had at least one to first-run syndicated programs de­ pertinent to the 50-50 rule, the primary independent VHF television station. In comments on it and our tentative con­ creased from 35.5 percent to 25.4 percent, the prime evening hours, the time period while the corresponding figure for off- clusions with respect to them, for the with which we are here concerned, con­ benefit of all interested parties and as a network programs increased from 2.8 trol over programing, and over access percent to 32.8 percent.10 Similar shifts in basis for further comments in the event to the licensed television stations, is that reactivation of this proposal be­ programs are present for the 7-11 p.m. heavily concentrated in only three hands. time period, and the 7:30-10:30 p.m. comes desirable in the future. This is Thus, network affiliates in 1968 carried done in appendix II hereto.6* period, although the decrease in syndi­ an average of between 3.3 and 4.7 (de­ cated programs is less pronounced. 5. The Westinghouse-type rule7 we arepending upon size of market) hours a (Tables 90,91,92.) adopting—the “Prime Time Access week of nonnetwork programing between Rule”—provides that after September 1, (c) The statistics for affiliated sta­ the hours of 7-11 p.m. out of the total of tions show the same decrease in the use 1971: 28 hours. Between the hours of 7:30- of first-run syndicated programs in the * * *, no television station, assigned to 10:30 p.m. the figure is from 1.2,to 1.6 evening hours. Thus, between 6 and 11 any of the top 5b markets in which there are hours. And, as we shall show, nonnet- p.m. average weekly station hours for three or more operating commercial televi­ work programing is increasingly com­ sion stations, shall broadcast network pro­ stations in the top 50 markets dropped posed of off-network programs. A con­ from 4.15 in 1958 to 1.55 in 1968, while grams offered by any television network or comitant to this control of access has networks for a total of more than 3 hours off-network programs increased from per day between the hours of 7 p.m. and been the virtual disappearance of high 0.52 to 1.79. In percentages of total non­ cost, prime time, syndicated programing, network time, first-run syndicated pro­ the type of programing (other than fea­ grams dropped from 38 percent to 17 •ABC says that were it to be precluded percent, .while off-network programs in­ from filling out its schedule with programs ture motion pictures) which must be most relied upon as competition for creased from 4.8 percent to 19.6 percent. procured directly from producers it would All affiliates carried an average 1.48 be damaged competitively vis-a-vis the other network-supplied entertainment pro- networks because it is the weakest of the hours of syndicated programs a week in three networks (due to “holes” in its cover­ this time period. In the 7-11 p.m. and age because of lack of comparable facilities). 8 Each national television network is com­ 7:30-10:30 p.m. time periods, first-run ABC asserts that in the past it has not been posed of five television stations licensed to syndicated programs were carried by originally chosen for the exhibition of inde­ the network corporation and a large number pendent programing when other network of independent television stations which affiliates in the top 50 markets in 1968 time was available and that successful inde­ serve virtually every community across the an average of less than 1 hour per week. pendent programs have been moved from country. Each national television network is Indeed, the figure is 0.15 in the top 50 ABC to other networks when the opportunity structured to provide national advertisers afforded itself. with unduplicated coverage of the national markets 7:30-10:30 p.m. The data for «»Appendix II filed as part of the original television viewing public. It produces or pro­ markets below the top 50 is essentially document. cures programs, arranges for sponsorship the same.11 (Tables 86- 88.) 7 A similar proposal was rejected by us and offers a continuous, coordinated program when we eliminated option time in 1963. (In schedule to its affiliated stations. It acts as (d) On an overall basis, it is also clear the matter of amendment of § 3.658 (d) and sales agent for its affiliates and compensates that of all nonnetwork programs on affil­ (e) of the rules, 34 FCC 1103, 1131). We them for carrying programs at a percentage— iates in the 7-11 p.m. time period the wished to see whether elimination of option often 30%—of the station’s card rate. Net­ time would correct the competitive imbalance works may not under our rules require a sta­ between networks and their affiliates and tion to carry any program, but an affiliate 8 We must also note that the original Sup­ increase diversity of program source. We said: gets first refusal in his market of programs plemental ADL Report, upon which two net­ “Before considering further measures of a offered by his network. Affiliation con­ works heavily relied and upon which the restraining nature, we believe it appropriate tracts are governed by the Commission’s Commission necessarily placed heavy reliance to await development with the industry oper­ Chain Broadcasting Regulations (§73.658 (a) in view of our own lack of resources to obtain ating without option time or similar arrange­ through (i) of the rules) which were de­ and check substantial amounts of relevant ments. We do not say that the public interest signed in large part to protect station auton­ data, had numerous errors, later corrected. would never be served by [such action] omy and responsibility for broadcast mate­ 10 Both feature films and local programs, * * * if it so appears of course such action rial. The network is interconnected by facili­ the other two categories given, decreased. will be considered. But * • * it would be ties predominantly owned and operated by 11 Comparisons of these categories of pro­ premature to consider further measures the A.T. & T. and paid for—in most cases by grams as between 1958 and 1968 for the until we have the benefit of observation of the network—on the basis of tariffs filed with markets below the top 50 were not fur­ future development.” the Commission. nished in any of the tables.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7419 average weekly station hours in the top not in the product. They must be recog­ networks got a syndication interest of 50 markets12 declined from 6.3 in 1958 nized as realities in the face of the con­ -one kind or another ranged from a low to 4.8 in 1968. There were also decreases, tention that independent program pro­ of 43.1 percent in 1957 to a high of 78.9 although of lesser degree in the 6-11 p.m. ducers can now compete upon an equal percent in 1960 and declined slightly to and 7:30-10:30 p.m. periods. In the lat­ basis. The loss of their syndication foot­ 75.7 percent in 1964. Similar figures for ter period there was an average of only hold over the years by the independent film programs were: 59.4 percent in 1957; 1.6 hours a week of all nonnetwork pro­ producers is difficult to explain on any 87.9 percent in 1960 and 78.3 percent in graming. (Table 80.) While the networks other basis when we take into consider­ 1964. claimed, on the basis of the original Sup­ ation the fact that most network pro­ 9. The first ADL report describes the plemental ADL Report, that the amount grams are actually produced largely by “giant” motion picture companies as be­ of nonnetwork programing on affiliates outside producers. We find it difficult to ing in a position of market power and had increased from 1958-1968, the cor­ believe that so much of the skill could occupying “strong bargaining positions” rected Report showed that the reverse be concentrated in the three networks. vis-a-vis both advertisers and networks.18 was the case.13 8. Other factors,> already alluded to atAnalysis of the data indicates, however, 7. A healthy syndication industry com­length in the notice of proposed rule that the terms, of market entry for the posed of independent producers capable making, reinforce our view that the mar­ major motion picture corporations were of producing prime time quality pro­ ket is seriously unbalanced to the dis­ on the whole less favorable than for the grams must have an adequate base of advantage of independent producers and generality of packagers. The companies television stations to use its product. a freer, more diversified television pro­ involved were (1) Metro-Goldwyn Since the stations in the top 50 markets duction and distribution process. For­ Mayer; (2) Paramount (includes Plautus reach over 75 percent of the available merly, when many program producers from 1963); (3) Screen Gems (subsidiary audience, access to these markets is es­ dealt directly with sponsors, their market of Columbia Pictures); (4) Twentieth sential to form such a base. The inde­ for network television programing was Century Fox; (5) United Artists; (6) pendent stations are not adequate by composed of 50-100 potential buyers. Universal Pictures (Univ. TV, Revue, themselves, in light of the fact that only Now, that market has dwindled for all MCA); (7) Walt Disney; and (8) Warner 14 of these markets shave one or more practical purposes to three. Whatever Bros. In 1964 these eight companies sold independent VHP stations. The networks their number, independent producers are 27 series to the networks which provided obviously have a tremendous and, we seriously disadvantaged by the market some developmental financing for 17 such believe, insurmountable advantage in structure. This is borne out by the cus­ series (63 percent). The networks ac­ providing programs for their affiliates. tomary terms on which they deal with quired shares in the producers’ profit de­ Not only is there the natural tendency the networks. The ADL report lists 15 rived from the first network rim in all of an affiliate to do more business with packagers as participating in all seasons, 27 such series (100 percent); networks its dominant supplier, but the program 1957-64, by supplying at least one regu­ obtained domestic syndication distribu­ distribution process is much simpler via larly scheduled network series for night- tion rights in four series (14.8 percent), a network. There is a semipermanent time television.14 While in the normal and shares in profits from domestic syn­ affiliation agreement covering almost all course of competitive business, these dication in 23 series (85.2 percent). Per­ programs. The syndicator is forced to producers might be expected to acquire a haps more significant are the figures make a new contract with each station favorable or preferred bargaining posi­ which show that for the six seasons for each program. Similarly, it is much tion because of their economic and crea­ (1959-64) these majors sold 152 series to simpler for an advertiser to make one tive contributions and their desirability networks which provided some develop­ arrangement for an entire network than as sources of network programs, such was mental financing in 70 (46.1 percent) of to buy station by station. In short, there not the case. They fared little, if any, the cases, but obtained first run profit is no permanent unified distribution better than one-season produces. These shares in 146 (96.1 percent) of these machinery. These disadvantages are in­ 15 producers provided a total of 299 pro­ series, domestic distribution in 13 (8.5 herent in the distribution process and grams between 1957 and 1964. Of these, percent), domestic profit shares in 118 214 (71.6 percent) were licensed directly (77.6 percent), foreign distribution in 19 12 Again comparative 1958-1968 data for be­ to networks which provided developmen­ or 12.5 percent and foreign profit shares low the top 50 markets was not available. tal financing in only 64 cases (30.0 per­ in 111 (73.0 percent) series. Thus, there 18 These tables before correction showed an cent) . However, networks obtained rights was no necessary relation between net­ increase in nonnetwork programing from to participate in the profit from the first works providing developmental financ­ 1958 to 1968 of from 6.3 to 7 hours (Table network run in 207 of this 214 (96.7 per­ ing and their acqusition of syndication 80), and other seriously Incorrect data. Thus, cent) of the series so licensed. In 40, or and foreign sales distribution and/or table 84 originally showed the number of affiliates carrying more than 8 hours of non­ 18.7 percent, of the series networks ob­ profit sharing rights. The admitted great network programing-a week as increasing tained the right to distribute, and in 140, bargaining potential of major motion from 33 to 69, while the corrected table or 65.4 percent, of the cases networks picture companies was inadequate to ex­ showed only 4 stations in that category in shared in the profits from domestic syn­ tract terms of entry to the network tele­ 1968. What the CBS comments described as dication. The figures for foreign distri­ vision market more favorable than those a 100% increase was in fact a tremendous obtained by other producers. decrease. And total affiliate weekly - station bution were 43 series (20.1 percent) in hours did not increase from 844 to 1,021, as which networks acquired distribution, 10. Furthermore, although in many originally claimed, but decreased to 701. and 136 series (63.5 percent) in which cases packagers do not recover produc­ (Table 89.) These are significant statistics as tion costs from the network run of a pro­ the network parties claimed. Similar correc­ they acquired profit shares. The percent­ tions showed that in the 6—11 p.m. time pe­ age of all prime time regularly scheduled gram series, but must look to profits from riod, nonnetwork programs decreased from packager-licensed programs in which domestic syndication, foreign sales and 10.9 to 9.1 hours (rather than increasing to other subsidiary uses of the series to re­ 11.4) (Table 80), that from 7:30-10:30 p.m. nonnetwork programing decreased from 2.1 to u These producers were: (1) David Suss- cover their costs and make a profit, they 1.6 hours (rather than increasing to 3.3 kind (Talent Associates), (2) Desilu Pro­ almost uniformly “bargain” away sub­ hours). Other significant data was incorrect, ductions, (3) Pour Star Television, (4) stantial portions of domestic and foreign for example, the number of affiliates taking Goodson Todman, (5) Jack Wrather Pro­ more than 12 hours per week of nonnetwork ductions, (6) J & M Productions, (7) Oswald programing did not ‘‘dramatically’' increase, and Harriet Nelson, (8) Revue Studios (Uni­ 18 The report states (vol. I, p. 36) : as CBS originally believed, from 36 to 61, but versal), (9) Roncom Productions, (10) Screen “* * * In terms of market power it is fell dramaticaUy to 16 in 1968. The correc­ Gems, (11) Shamley Productions, (12) Sulli­ evident that these major studios occupy tions themselves are perhaps not important; van Productions (Ed Sullivan), (13) Teleklew strong bargaining positions vis-a-vis both what is important is that the new corrected Productions, Inc., (14) Warner Bros. Pic­ advertisers and networks and have significant data show increased network control. tures, Inc., (15) Walt Disney Productions. market shares as well.”

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7420 RULES AND REGULATIONS syndication rights.18 Thus, the data sub­ the profits from the network run and the third to less than 4 percent) on all three mitted by the networks and by A. D. Little right to distribute and/or share in the networks in the number of programs in­ confirm that no matter how producers profits from domestic syndication and dependently produced and licensed to are categorized in terms of bargaining overseas sales and other valuable sub­ power, their entry to the prime time net­ sidiary rights. This type of arrange­ advertisers. The following table sum­ work television market is accompanied by ment facilitates network control of the marizes the sources of all evening (6- the transfer of a substantial part of the form, content, and creative aspects of 11 p.m.) programs carried on each of the potential profitability of their products the show even though actual filming is three networks during representative to the purchasers—the networks. The done by a nominally independent pro­ weeks in 1957 and 1968. The figures are fact that over the years the producers ducer. During the same period there has shown as percentages of total network have perforce adjusted their methods of doing business and have learned to live been a sharp decline (from roughly one- evening program hours. with this situation in no way changes the Three essentially oligopolistic nature of the networks ABC CBS NBC situation. combined 11. In addition, the three national television networks for all practical pur­ 1957 1968 1957 1968 1957 1968 1957 1968 poses control the entire network televi­ Percent ' sion program production process from (1) Network produced...... 28.7 16.3 19.7 11.1 43.9 17.8 21.4 19.6 idea through exhibition. Because “off (2) Network participation (produced by others and network” programs constitute a principal licensed to hetwork corporations...... 38.5 80.4 51.7 87.0 24.3 79.5 40.8 75.0 (1) and (2) combined...... 67.2 96.7 71.4 98.1 68.2 97.3 62.2 94.6 staple of the nonnetwork program mar­ (3) Independently provided...... 32.8 3.3 28.6 L 9 31.8 2.7 . 37.8 5.4 ket, networks also control the production and hence, the form and content, of a large share of the syndicated programs Similar data are shown below for entertainment programs only: exhibited by television stations. The net­ Three works have gradually—since about networks ABC CBS NBC 1957—increased their economic and combined creative control of the entire television program process. Between 1957 and 1968 1957 1968 1957 1968 1957 1968 1957 1968 the share of all network evening program" hours (entertainment and other) either Percent (1) Network produced...... 21.2 4.1 5.4 0.0 38.8 4.2 15.2 8.2 produced or directly controlled by net­ (2) Network participation (produced by others and works rose from 67.2 percent to 96.7 per­ licensed to network corporations)...... 43.2 92.1 62.2 97.9 26.5 92.7 45.6 85.7 (1) and (2) combined...... - 64.4 96.2 67.6 97.9 65.3 96.9 60.8 93.9 cent. If entertainment programs alone (3) Independently provided...... 35.6 3.8 32.4 2.1 34.7 3.1 39.2 6.1 are considered, network produced or con­ trolled evening hours rose from 64.4 per­ cent in 1957 to 96.2 percent in 1968. 13. The above data demonstrate that eident decrease in individual and dual whereas in 1957 independents provided sponsorship and a large increase in 12. Data supplied by the networks17 approximately one-third of the evening multiple or minute sponsorship.“ For­ show a big increase in network-con­ network schedules, their share in 1968 merly, most programing was individually trolled “independently” produced pro­ had declined to below 4 percent. Con­ or dually sponsored. Individual and dual grams—the so-called joint-venture pro­ versely, programs produced by or in (or alternate) sponsors frequently pro­ grams with respect to which networks conjunction with networks now occupy cured their own programs and placed almost invariably acquire the first-run about 96 percent of the weekly evening them in time arranged for on the net­ right in addition to some rights to share hours on the three networks combined. work through their advertising agencies. in the profits from the network run and The ratios of network-controlled pro­ Occasionally an advertiser would indi­ the right to distribute and/or share in gram fare as among the individual net­ cate his wish to acquire an individual works range from about 95 percent on half hour program and suggest to the 18 On Jan. 11, 1966, Taft B. Schreiber, chief NBC to just 98 percent on ABC for en­ network that it buy the program and executive of Revue, confirmed the fact which tertainment and other programing, and obtain an alternate sponsor. Typical had been brought out in earlier testimony 93.9 percent on NBC to 98 percent on situations involved programs put on by that producers for the most part did not ABC for entertainment programing. The sellers of multiple brands such as Proc­ make themselves whole through revenues from the network run of a filmed series. figures show a steady increase in such tor & Gamble, General Foods, and Lever Schreiber testified (Tr. 9756): control of evening programing since Brothers. In such cases, the sponsor pro­ “Q. There is testimony by others in this 1957. Indeed, there has been a substan­ record that frequently or occasionally a pro­ tial increase in such control during the cured the program directly from an ducer does not get back from a network run pendency of this proceeding—in hours independent producer and used it to of a series his full cost, and that he must of overall programs from 93.1 percent in advertise his various products.20 Ulti­ look to syndication, foreign sales, and other 1964 to 96.7 percent in 1968; in enter­ mately, this kind of sponsorship was subsequent uses to piece out his costs and tainment programs from 92.0 percent to make a profit. This has been testified to here supplemented by minute participations by some producers. 96.2 percent. in network-controlled shows, and more “Has that been your experience? Is this the 14. Coincident with the increase of recently by 30-second participations. case? network control of the program process, A. That isth e case.” there has been a progressive change Also, Variety, March 22, 1967, p. 57, reported both in the techniques of television ad­ “ Program segments of 1 hour or more that 20th Century Pox recoups only 80 per­ vertising and length and format of tele­ in duration have increased from 30.1 percent cent of its television film cost from network vision programs. Presently 90 percent or of evening program hours in 1957 to 76.7 per­ first run fees. See Letter of Bing Crosby more of network evening advertising is cent in 1968. Half hour programs have de­ Productions, Oct. 18, 1965. Also, part II, Sec­ creased from 66.7 percent in 1957 to 23.3 per­ ond Interim Report, page 740, et seq. See sold in the form of “spots” (formerly cent in 1968. Table 4, page 10, 1969 ADL also Evelyn Burkey testimony on behalf of largely minutes but more recently con­ Report. Writers Guild of America, East. (Tr. 9883) sisting of increased numbers of 30- *° In such cases, the sponsors’ various 17 The data contained in the AJDL reports second spots).18 There has been a coin- products or brands were usually represented regarding network control of their evening by different advertising agencies. One schedule does not differ substantially from agency—the so-called agency of record for that reported directly to us by the networks, M The total number of different network the sponsor—assumed responsibility for the which is utilized in this part of the Report. commercials in 1964 was 1,990. In 1968 it had program and made arrangements with agen­ See 1966 ADL Reports, ADL Report, April increased to 3,022. (The New York Times, cies representing the sponsors’ other 1969, table 1, p. 1. FCC table 2-A. Jan. 4, 1970.) products.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7421

Under this method of selling advertising, of the audience. The basic question in distribution increased from 23 percent the network procures a filmed program, his view was: “How do you program in to 24.4 percent. Total hours of packager- often of an hour or 90 minutes in length, a system supported by advertisers, fi­ licensed programs in which networks slots it into its evening schedule and nanced by advertisers, at a cost of 1 obtained domestic syndication distribu­ then sells advertising spots to a variety to 2 cents per home?” 23 CBS says it tion rights more than trebled (from 4% of sponsors.21 At present about 90 per­ attempts to find creative writers and hours in 1957 to 15 hours in 1967), and cent of evening network time is sold in producers who can produce programs of foreign distribution more than doubled this fashion. quality and at the same time attract a (from 6 % hours in 1957 to 15% hours in 15. Indeed, counsel for CBS conceded maximum audience. CBS could not be 1967). (Supplemental ADL Report, p. in his argument before us that networks expected to be doing anything else than 52.) When profit shares are considered by and large control the creative process looking for the very best programs (it) the results are even more indicative of in order to attract large circulation of can find in terms of the audience they the networks’ acquisition of an increas­ advertisers. The objective is to deliver can deliver and the cost of producing ingly strong position in syndication. homes to advertisers at a cost of “some­ them, on the average. We can’t run a Here again, we find substantial increases thing like one cent per home.” 22 He said: business in which on the average the in the total hours of packager-licensed I readily concede that creativity does not audience which we have and which we programs, accompanied by substantial flow as freely and openly as it does in the can sell brings in less than the cost of increases in the percentage of such pro­ theater, in books or in motion pictures, each producing it.24 There was also extensive grams in Which networks obtained both of which can support itself economically on testimony in the Commission’^ program domestic and foreign profit shares. a much smaller audience. v , inquiry that there is network control of Domestic profit shares increased from. 16. Such control stems from the neces­ the creative process in television enter­ 31.9 percent in 1957 to 65.4 percent in sities of commercial advertising. A half- tainment programing in the interest of 1967 (from 9 hours in 1957 to 41% hours hour prime time costs the advertiser advertising circulation.25 Also the state­ in 1967); foreign from 33.6 percent in approximately $40,000 per commercial ment before the Commission in July 1969 1957 to 66.9 percent in 1967 (from 9 minute and he will pay about $3.50 per by Richard M. Powell, speaking for the hours in 1957 to 42% hours in 1967). thousand homes, which at $40,000 per Writers Guild of America, indicates that (Supplemental ADL Report, p. 54.) minute would require an audience of 11 such is still the case.28 He said: 18. While they do not constitute a million homes or, even at the low esti­ * * * the power to determine form and principal part of overall revenues,28 rev­ mate of two people per home, something content rests only in the three networks enues accruing to networks from syndi­ in the neighborhood of 22 million people. and is exercised extensively and exclusively cation activities are substantial and are Counsel agree that there are advertisers by them, hourly and daily. They read and increasing. Net gain from syndication who say they are willing to pay a much pass on premises for stories; they read and pass on finished scripts and they sit in distribution fees and profit shared from higher cost per thousand to reach an judgment on completed telefilm.22 regularly scheduled nighttime enter­ audience with something that matters tainment series licensed by packagers to to them or to reach a particular segment 17. We also note that networks havenetworks was about seven times as great increasingly engaged in the subsequent in 1967 as in 1960 ($6,266,000 in 1967 21 There are usually 6 minutes of com­ syndication of packager-licensed net­ from $894,000 in I960). The larger part mercial network spots per hour in addition to work programs. Hours of packager- of that increase was accounted for by local spots at station breaks. Spot purchasers licensed entertainment programs in profit share gain, which was nearly 6% may, and frequently do, differ from week to network schedules more than doubled times as great in 1967 as in 1960 week in the same series. A majority of spots between 1957 and 1967 (28% hours to now are 30-second spots, so that where an ($3,639,000 in 1967 from $566,000 in hour formerly may have included six network 63% hours); The percentage of such 1960), while gain from distribution was advertising spots now it may include as many hours in which networks acquired do­ eight times as great in 1967 as in 1960 as 12 networks spots. mestic distribution rights increased from ($2,627,000 in 1967 from $328,000 in 22Tr. 9023-26. He continued: 15.9 percent to 23.8 percent, and foreign 1960). (See Supplemental ADL Report, The reason why you have programing in table 32, pp. 68-69.) the theater, in the opera, in books, in the 23 Tr. 9927. movies, which has a much greater diversity is 19. A direct relationship appears to 24 Tr. 9931. exist between new programs chosen for that those programs can live on a much 25 See chapter XI, pages 534-664, part n , smaller audience economically. They don’t Second Interim Report, Office of Network network schedules and network acquisi­ deliver themselves to their audience for Study (Doc. 12782) PCC, Washington, D.C. tion of subsidiary rights and interests.” 1 cent per home. It is 50 cents or $1 or 1965. As these and other data referred to ear­ $5 or $10 per home for which they are 26 Tr. 9776. He added that “The consolida­ lier indicate, very few programs are pro­ delivering themselves * * * we are operat­ tion of the network monopoly in programing ing in a system which is producing entertain­ has been accompanied by a complete and duced for network exhibition where the ment and information and delivering an rapid elimination of all ideas. A state of network does not get some share in their audience at a cost to the person who is profitable mindlessness has set in.” “The subsequent earning power through syn- paying for it at 1 cent per home. early promise of television has been aborted Counsel said that television is Tree to the * * * writers and directors have gone else­ public in the sense “that revenues derived by where” (Tr. 9878) “* * * because their crea­ 28 Network revenues from syndication and networks and stations are from advertisers.” tive capacities are not being used by foreign sales are small compared with their It should not be forgotten, however, that the television, they are being perverted by tele­ revenues from sales of advertising time. For public has a large investment in television. vision.” (Tr. 9883.) instance, in 1967, network revenues from Since the start of television, the public has 22 By and 'arge episodes of television series domestic and foreign sales of television series invested $38.9 billion in television sets, as are produced on the basis of “formulas” ap­ were $29.3 million while total time sales by against $256 million by the networks and proved in advance by the network corpora­ networks amounted to $363.7 million, their fifteen owned stations and $693 million tion and oi'ten its mass advertisers—which 29 From 1960 to 1964, inclusive, 114% hours by all other stations for physical facilities— set the characters, freeze theme and action of new packager-licensed series were sched­ about 1 percent for networks and 3 percent and limit subject matter to tested commer­ uled by networks. In 43 such hours (37.6 for stations of the public’s investment. Also, cial patterns. See testimony, among others, percent) networks acquired domestic and/or the public’s daily cost to run its sets is 25 of writers Erik Bamouw (Tr. 5532 and 5357) foreign syndication distribution rights, and cents per TV home. The total daily cost to and David Davidson (Tr. 5388 and 5392- in 93 such hours (81.4 percent) networks advertisers is 16 cents per TV home. In addi­ 5393), producer Herbert Brodkin (Tr. 6488), acquired domestic and/or foreign syndication tion, of course, the public pays both the Ernest Kinoy, President, Writers Guild of profit shares. In the supplemental ADL report broadcasters’ and advertisers’ share through America, East Inc. (Tr. 5434-5445) and Wil­ similar figures are not given. It may reason­ the purchase of advertised products. (TV liam T. Orr, vice president of Warner ably be inferred that the same conditions Basics No. 12—The Television Bureau of Brothers Pictures, Inc., and executive pro­ continue since up to date data has been Advertising.) ducer, television division (Tr. 3934-3939). given where helpful to the networks.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7422 RULES AND REGULATIONS dication and other rights.30 The overall 21. The data before us indicate an un­remedy these problems, we have decided result is that, save for about 6 or 7 per­ healthy situation in several respects. first to open access directly to the top cent of their schedules which were the Only three organizations control access 50 markets for independent programing result of direct dealing between inde­ to the crucial prime time evening tele­ by prohibiting network affiliates in these pendent producers and sponsors, net­ vision schedule. In the top 50 markets, markets where there are at least three works accepted virtually no entertain­ which are the essential base for inde­ commercial television stations from tak­ ment program for network exhibition in pendent producers to market programs ing more than 3 hours of network pro­ a 5-year period in which they did not outside the network process,38 they are at grams between 7 p.m. and 11 p.m.,34 with have financial interests in syndication such a serious disadvantage that prime certain exceptions for programs whose and other subsequent use; in addition, time first run syndicated programing has duration is not under network control they had similar interests in a large part virtually disappeared. Such programing (certain live sports events) ,35 those in the of the surplus product available.81 is the key to a healthy syndication indus­ news area as to which the network can­ 20. The networks between 1957 andtry because it is designed for the not plan in advance (e.g., on-the-spot- 1967 have expanded their activities and time of day when the available audience coverage of bona fide news events; a interests in the sale of television pro­ is by far the greatest. The success of syn­ special news program on a fast-breaking grams in domestic syndication and for­ dicated programs in “fringe” time pe­ news event such as the recent Apollo eign markets. Network commercial riods is not substantially relevant. The mission) and political broadcasts by interests in domestic distribution and lack of available prime time on network legally qualified candidates for public foreign sale took two forms:- (1) Actual affiliates adversely affects the capacity office.38 In view of the common practice distribution of programs through their of this alternate program source to sup­ of the networks of offering only 3Y2 hours syndicated program divisions, and (2) ply programing for the independent sta­ of network programs between 7 p.m.- profit sharing rights in domestic and for­ tions, and particularly the still-struggling 11 p.m., the rule we are adopting will open eign distribution carried on by others. UHF independents upon which Congress up Vz hour of additional time per eve­ Between 1957 and 1967 network sales of and the Commission have relied for a ning for non network programs on affili­ off network television series in domestic fully competitive nationwide television ated stations. Off-network programs may and foreign syndication steadily in­ broadcast service. Furthermore, to the not be inserted in place of the excluded creased from $5.4 million to $26.1 mil­ extent that close network supervision of network programing; to permit this lion—at the same time industry sales of so much of the Nation’s programing cen­ would destroy the essential purpose of off network series increased from $13 tralizes creative control, it tends to work the rule to open the market to first run million to $100 million. The three net­ against the diversity of approach which syndicated programs. We have also dealt works, with 23.6 percent of overall series would result from a more independent with feature film in this respect, because sales ($124 million in 1967), were among position of producers developing pro­ if the network affiliates were to adopt the the leaders in sales in the industry. Profit grams in both network and syndication general practice of substituting feature sharing accounted for a much larger re­ markets. It appears to be, based on the film for network fare as a means of meet­ turn to networks than did fees from testimony and especially the statistical ing the requirements of our rules, it domestic syndication distribution. The evidence, that network judgment in would frustrate the purposes of the rule. figures, as provided us by the networks choosing new programs is substantially We have therefore also proscribed the influenced by their acquisition of subsid­ use of feature film which has been pre­ through Arthur D. Little, Inc., are as iary interests in the programs chosen.33 follows: But in any event, even were we not to viously broadcast in the market as a Taken from 1969 ADL Report, Table St, pp. 64-69 reach that conclusion, it is clear that the existence of subsidiary interests does pose 84 We have employed the 6-10 p.m. period Overall a significant conflict of interest in the for the central time zone. There is no prob­ Distribu- Profit Total selection of programing by the networks, lem as to the Pacific time zone. As to the tion share and that as a prophylactic measure, the mountain time zone, only one market (i.e., public interest would be served by the Denver) comes within the rule; if the time I960...... $893,000 $1,054,000 $1,947,000 period specified (7-11 p.m.) calls for adjust­ 1964...... 2,319,000 5,419,000 7,738,000 elimination of this conflict. Certainly ment in this one market, this can be effected 1967 ...... 3,509,000 4,282,000 7,791,000 there is a close correlation between pro­ upon an appropriate request directed to Packager-Licensed grams taken and subsidiary rights held. this area. We see no necessity to preserve such a 35 We have not exempted live sports. How­ 1960 $328,000 $566,000 $894,000 conflict of interest situation. Finally, the ever, we will consider waivers for occasional 1964 ...... 894,000 4,189,000 5,083,000 1967 ...... 2,627,000 3,639,000 6,266,000 presence of the networks as domestic instances where a live sports event of in­ syndicators is inherently undesirable. definite duration not subject to network con­ They are in the position of selling pro­ trol is scheduled so that it would normally 80 Taft Schreiber, of MCA, one of the largest grams to independent stations in com­ conclude before 7 p.m. (6 p.m. central time) television producers, testified that as of Janu­ but continues beyond that hour or such a petition with their own network live sports event beginning within the 7-11 ary 1966, it was “usually” necessary to cede programs on affiliated stations, and they the subsidiary rights to networks in order p.m. (6-10 p.m. central time) period con­ to procure the acceptance of a “new, un­ compete against independent syndicators tinues beyond the 3-hour limitation. An ap­ tried” program series in prime time. Tr. in the affiliated-station market where propriate request for a waiver should be made 9762: “* * * if you are talking solely about they have an advantage due to their by the network prior to the seasonal com­ brand new, untried programs, it would seem permanent relationship with the sta­ mencement of such a series of sports events to me, yes, that the potential of its finding tions. or the scheduling of such a single sports a prime time spot would depend upon net­ event. 22. The public interest requires limi­ 86 We also note the appropriateness of work participation.” He added that there tation on network control and an increase were “exceptions to this generalization.” waiver in one other situation involving news Between 1960 and 1964 in addition to the in the opportunity for development of programing—namely, where the network af­ 114(4 hours of packager-licensed entertain­ truly independent sources of prime time filiate presents a 1-hour local news show from ment series which were accepted by networks programing. Existing practices and struc­ 6-7 p.m. and therefore presents the network and included in their schedules, there were ture combined have centralized control news at 7 p.m. To avoid any impact from our rule, such an affiliate could reschedule available to them 37 potential series (unuti­ and virtually eliminated needed sources lized pilots) in which networks had acquired this 6-7:30 time period of news by presenting domestic and/or foreign syndication distri­ of mass appeal programs competitive a half-hour local news at 6 p.m., the network bution rights and 75 potential series in which with network offerings in prime time. To news at 6:30, and then return to the local they had acquired domestic and/or foreign news at 7 p.m. (an order of presentation syndication profit shares. followed by some affiliates). However, no pub­ » The ADL Report, 1966, Vol. 1, p. 53. The ** While a program need not be shown in all lic interest would be served by such resched­ data in the 1969 ADL report as compared 50 markets to *be financially successful, it uling. In the above described situation, it with that in the 1966 report show a fairly must be shown in a substantial portion of should be a matter for the affiliate’s Judg­ substantial decrease in network acquisition these markets. ment whether to present a continuous of syndication distribution rights and after 88 Once a program is on the schedule, its 1-hour local news program from 6 to 7 or to a substantial increase between 1964-67 a success or failure will, of course, determine bracket the network news with local news slight decrease in profit shares. But the its retention; but, as pointed out above, suc­ shows. Accordingly, we would grant a waiver practice continues. cess of new programs is difficult to predict. upon an appropriate request.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7423 means of meeting the requirements of 24. It is urged upon us that the ab­ 25. However, it is not of course our the rule. While our rule will limit the sence of prime time syndicated program­ intention as suggested in the network hours of network programs an affiliate in ing is a function of the economics of comments to carve out a competition free the top 50 markets may broadcast in television program production. It is haven for syndicators or to give them prime time, it purposefully does not limit argued at length, and much data is sub­ option time in reverse. Equally the public the length of the schedule which the net­ mitted in support of the contention— interest in fostering the feasible maxi­ work may offer. Indeed, as commercial particularly by CBS and NBC—that pro­ mum of diverse program sources does UHP stations are rapidly becoming avail­ duction costs and financial risk involved not permit us to preserve the noncom­ able in the top 50 markets the networks in production of quality prime time pro­ petitive enclave now occupied in prime should consider the feasibility of con­ grams are so great that no producer can time by the television networks. Our tinuing to offer the longer schedule. Not afford to engage in their production for objective is to provide opportunity—now only the public interest in the fostering syndication. There is sharp disagreement lacking in television—for the competitive of UHP would benefit, but affiliates in in the record before us on this score. development of alternate sources of tele­ markets below the. top 50 could continue Westinghouse and others39 say that, vision programs so that television li­ to broadcast the longer network schedule. given reasonable access to top rated eve­ censees can exercise something more 23. We believe this modest action willning time in the top 50 markets, program than a nominal choice in selecting the provide a healthy impetus to the devel­ producers—both present and potential— programs which they present to the tele­ opment of independent program sources, can and will supply programs for the vision audiences in their communities. with concomitant benefits in an in­ syndication market reasonably competi­ Under the rules we are adopting no tele­ creased supply of programs for independ­ tive with network prime time offerings. vision licensee can be required to carry ent (and, indeed, affiliated) stations. The There appears to be no compelling reason a syndicated program if he chooses not to entire development of UHP should be to conclude that they could not and do so. He may rely on his own program benefited.37 It may also be hoped that would not do so. There is no doubt that ingenuity or use locally originated pro­ diversity of program Ideas may be en­ network television program costs have grams to fill out his schedule. couraged by removing the three-network increased in the past 10 years. But we do 26. We believe that substantial bene­ funnel for this half hour of programing. not think that such increased costs are fit to the public interest in television In light of the unequal competitive situ­ necessarily a bar to successful production broadcast service will flow from opening ation now obtaining, we do not believe for television syndication. It is familiar up evening time so that producers may this action can fairly be considered anti­ doctrine that dollar costs in television have the opportunity to develop their full competitive where the market is being are not as crucial to economic success as economic and creative potential under opened through a limitation upon sup­ are the costs an advertiser must incur to better competitive conditions than are ply by three dominant companies. As place his message before his prospective now available to them. We emphasize stated, while the Commission previously customers. A higher dollar cost to reach again that it is not our objective or inten­ rejected the Westinghouse proposal as a larger audience is acceptable to most tion to smooth the path for existing anticompetitive, we said that “freedom advertisers. He gages his cost efficiency syndicators or promote the production of choice (of) the licensee should be on the cost of reaching a thousand homes of any particular type of program— preserved against derogation by artifi­ with his commercial message. The result whether or not it be included within the cial restraint as long as no public inter­ is that the program cost which would be present category of quality high cost est benefit flows therefrom.” In then prohibitive in low-rated time will be programs. The types and cost levels of rejecting the proposals similar to the one quite acceptable in high-rated time with programs which will develop from open­ we now adopt we said we would “await its larger audience. This is the rationale ing up evening time must be the result of developments with the industry simply of the Westinghouse proposal. The mat­ the competition which will develop operating without option time or similar ter cannot be determined with absolute among present and potential producers arrangements.” We added, however, that certainty short of some operational ex­ seeking to sell programs to television “* * * if it appears that the public in­ perience under competitive conditions. broadcasters and advertisers. As his re­ terest would be served by action along The likelihood that independent produc­ sponsibility requires, the licensee will some of these lines, of course such action tion will succeed is sufficiently great, in decide which among available sources of will be considered.” The record herein our judgment, that it should be given an programs he will patronize. A principal demonstrates that our elimination of op­ opportunity. The rule can readily be purpose of our prime time access rule is tion time has not operated to make more changed or rescinded if it fails to achieve to make available an hour of top-rated time available to nonnetwork programs its purpose. evening time for competition among and to multiply competitive program present and potential nonnetwork pro­ sources. We therefore take the present by the rule which has not been offset by a gram sources seeking the custom and action, in line with the above-described showing or reasonable indication of detri­ favor of broadcasters and advertisers so continuing program.38 ments to the stations in the smaller mar­ that the public interest in diverse broad­ kets. Nor can we find, based on our cast service may be served. experience and evaluation of the present 27. We have also decided to adopt that 87 If this half hour is used for local pro­ market situation, that the possible necessity part of our original proposal designed to graming instead of syndicated entertain­ for some stations in some markets to find eliminate the networks from distribution ment, this would also serve the public advertiser support for an additional one-half interest. hour of programing per night will have detri­ and profit sharing in domestic syndica­ 38 We also have no convincing showing be­ ments to the public outweighing the bene­ tion and to restrict their activities in fore us that network affiliates in markets fits delineated in this report. foreign markets to distribution of pro­ below the top 50 will be substantially affected 39 Several other commenters say that freed grams of which they are the sole in their ability to serve the public should of the need to give away to networks the producers. the networks reduce their nighttime sched­ major share of their profits, independent 28. Under present conditions inde­ ules by a half hour rather than seek time on producers would jump at the chance to com­ independent stations for the half hour of pete in the market. Richard Powell of the pendent producers who desire to exhibit programing which network affiliates in the Writers Guild says that there is no lack of their product first on a network and then top 50 markets can no longer take. In some venture capital ready to finance independ­ offer it in domestic syndication and for­ markets, there will be no problem at all, ent production once the network monopoly eign markets must first bargain with the since one network may have no affiliate there. is dissolved. Robert Montgomery, an inde­ networks who are their principal com­ In other markets, it presents no problem so pendent producer of long experience in tele­ petitors in syndication and foreign sales far as obtaining programing is concerned, vision, terms as “hogwash” the network for the network exposure necessary to since the station will have available the contention that they alone can afford the establish the subsequently value of their choice of local programing, off-network, syn­ business risks required in the production of dicated programing, feature films, first run high cost quality television programs. It programs as valuable commercial assets syndicated programs, etc. The problem, it is seems quite probable that, as Montgomery in domestic syndication and foreign alleged, comes in reduced advertising sup­ suggests, present network production prac­ sales, and are usually required to grant port for whatever programing is selected. tice is wasteful and the discipline of compe­ to the networks either the distribution However, there is a clear benefit to be served tition would tend to reduce production costs. rights or large shares in the profits

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 No. 93----- 3 7424 RULES AND REGULATIONS from domestic syndication and foreign tial for competitive restraint in these 34. The dates when the several parts distribution, or both, for the program. respects. Cf. Metropolitan Television Co. of the rules become effective are stag­ Similarly, a producer who seeks to dis­ v. Federal Communications Commission, gered. This is because of differing im­ tribute his programs in foreign countries 110 U.S. App. D.C. 133, 289 F. 2d 874 pacts of our various actions on methods must compete with networks who (1961). of doing business in the television pro­ through the bargaining with the "Same 31. Foreign distribution rights are an gram markets. For instance we think and other independent producers control important part of the valuable assets that networks should have at least a year the source of supply of the programs which currently are on the bargaining to allow for orderly phase out of their which constitute the staples of this mar­ table when the choice of a packager- domestic syndication and foreign distri­ ket and/or they share in the profits from licensed program or series is being deter­ bution activities. We have made that part such distribution by others. The record mined. Networks §ngaged in foreign of the rule effective as of September 1, has convinced us that networks have a distribution of television programs in the 1971. On the other hand, networks may clear conflict of interest in choosing pro­ same way they do in domestic syndica­ without substantial injury to their op­ grams for their schedules. Indeed, as tion—the principal difference being that erations terminate acquisition of domes­ stated, we believe on the basis of the rec­ unlike domestic syndication where net­ tic and foreign subsidiary rights and ord before us that networks do not nor­ work series are not available until some interests in television programs this year. mally accept new, untried packager time after the completion of their net­ Indeed that action will facilitate opera­ licensed programs for network exhibition work run, network offerings are concur­ tion of the balance of the new rules. The unless the producer/packager is willing rently exhibited in foreign countries. prime time access rule is made effective to cede a large part of the valuable Were we to permit networks to continue on September 1, 1971. This should pro­ rights and interest in subsidiary rights to to bargain for foreign distribution rights vide sufficient lead time to permit net­ the program to the network. and profit shares, such rights would con­ works, program producers, and stations 29. If networks are prevented from tinue to be important elements in the to make the necessary arrangements and operating as syndicators or from sharing decisional process. Their concession to alterations in their operations. in the profits from distribution by others networks might well be a factor in pro­ 35. We have not adopted that part of in the domestic syndication market, gram acceptance. Also an important the proposed rule requiring networks to there will no longer be any inducement source of revenue to enable independent divest themselves of rights and inter­ to choose for network exhibition only programs to develop would be dimin­ est in programs which they presently those packager-licensed programs in ished. On the other hand we see no rea­ hold. However, in our continuing surveil­ which they have acquired other rights. son to exclude networks from entering lance of the operation of our rule we Furthermore, producers and packagers into arrangements with broadcasters in will seek, to keep informed of the state will be enabled to fully benefit from their foreign countries for the sale or exchange of such rletwork rights and interests and own initiative and presumably become of programs wholly produced by the net­ their effect, if any, on the free play of more competitive and independent works. The situation here differs from bargaining in the industry. Should we sources of programing since in many that in domestic distribution. find that the public interest is adversely instances a packager cannot recoup his 32. Finally, we do not believe that a affected we shall, of course, take proiript outlay from the first network run of a network which has acquired the first run remedial action. series or program and must look to the network exhibition right or license to a 36. While we have not moved to limit commercial uses of the program sub­ program or. series of which it is not the network economic and creative control sequent to the network run for commer­ sole producer shbuld be permitted to hold of the programs in their schedules, we are cial success. Relieved of the need to grant such right indefinitely against the wish convinced that American commerce and a network a large portion of his potential of the producer. Thus, we have provided industry will support greater diversity of profit the producer’s ability profitably to that if the network does not make timely programs and program sources than operate in network television will be use of the program the producer or other presently are represented in network greatly enhanced. With the expanded person from whom the right or license schedules. Our reasons for so concluding syndication market as a feasible alter­ was acquired may reacquire it on his and some suggestions from the record nate to network exhibition his bargain­ timely offer reasonably to compensate the of the program inquiry and elsewhere as ing position will be improved and he can network. In this way networks cannot to how this can be achieved within the be expected to develop into a stable and keep a program in reserve for an unrea­ present structure and commercial pat­ continuing alternate source of programs sonably long time when, perhaps, such terns of television network broadcasting and ultimately to compete for network program or ..series might have a ready are included in appendix II. time. market as a nonnetwork offering or an 37. Diversity of programs and devel­ 30. We prohibit networks from acquir­ offering to another network. opment of diverse and antagonistic ing subsidiary program rights and profit 33. In view of the detailed memoran­ sources of program service are essential shares, as little would be accomplished in dum we have previously issued on our to the broadcast licensee’s discharge of expanding competitive opportunity in legal authority to adopt the rules, little his duty as “trustee” for the public in television program production if we were need be added. We have examined the the operation of his channel. We note to exclude networks from active par­ arguments urging an. absence of author­ that the degree of network control of ticipation in the syndication market and ity, but are not persuaded. We think their evening schedules has been steadily then permit them to act as brokers in that in addition to the reasons set forth increasing; indeed there has been a sub­ acquiring syndication rights and inter­ in our memorandum, the decision in stantial increase since we issued our no­ ests and reselling them to those actively United States v. Southwestern Cable Co., tice in 1965. This tendency should be engaged in syndication^ We also believe 392 U.S. 157, should be particularly that the prohibition of network domestic noted. Networks and their affiliates are reversed and the networks should take syndication of their own programs will engaged in interstate radio communica­ the lead in encouraging the inclusion of serve a salutary purpose in making for tion over which we have regulatory au­ the feasible maximum of independently fairer competition. As pointed out above, thority for the purpose of bringing to controlled and independently provided the network has an advantage as a com­ the viewing public the best practicable programs in their schedules. In this way petitor in the syndication market be­ service unfettered by unnecessary com­ cause of its existing relations with affil­ petitive restraints. National Broadcasting we may more nearly achieve the goal de­ iates. In addition, the prohibition will Co. v. United States, 319 U.S. 190; Fed­ scribed by Judge Learned Hand in 1942,40 permit the networks to lend all their ef­ eral Communications Commission v. forts to the sale of network programs. We Sanders Brothers Radio Station, 309 U.S. 4° NBC v. U.S. 47 F. Supp. 940, 945, 946. find that the rule will eliminate a poten­ 470. (S.D.N.Y. 1942).

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 RULES AND REGULATIONS 7425 and echoed by Justice White" in 1969, to the desirability of further oral presen­ paragraph (3) of this paragraph, no of a television broadcast structure which tations by all interested parties, both of television network shall : is served by the widest practicable va­ a formal and informal nature. In such (i) After September 1, 1971, sell, li­ riety of choice of programs available for petitions for reconsideration—and in any cense, or distribute television programs broadcasting; that system which will oral proceedings which may be held—we to television station licensees within most stimulate and liberate those who must stress the necessity that all parties the United States for nonnetwork tele­ create and produce television programs supply us with facts and figures with vision exhibition or otherwise engage and those who purvey them to the public. respect to their present operations and in the business commonly known as 38. By letter dated April 10,1970, NBCwith the most careful analyses of the “syndication” within the United States; requested that the Commission hold ad­ impact of the rule thereon. As stated, or sell, license, or distribute television ministrative conferences with those we believe that our present action is programs of which it is not the sole directly concerned with the operation of called for and is taken after full proceed­ producer for exhibition outside the the rule (e.g. networks, network affiliates, ings. We expect it to serve the public United States; or reserve any option film producers, advertisers). Since all interest and will be persuaded to the or right to share in revenues or profits interested persons, including those repre­ contrary only if the belated showings in connection with such domestic senting public organizations, should now urged upon us are factually com­ and/or foreign sale, license, or distribu­ clearly be allowed to participate in such pelling. We thus stress that such a de­ tion; or conferences, NBC is, in effect, urging tailed showing and analysis, promptly (ii) After September 1, 1970, acquire another round of oral presentations, this supplied, is the sine qua non for any any financial or proprietary right or time of a more informal nature. Addi­ Commission action sought in this area. interest in the exhibition, distribution, tionally, the Commission has received 39. For the reasons stated herein: It or other commercial use of any televi­ expressions of concern from licensees of is ordered, That § 73.658 of our rules be sion program produced wholly or in part affiliated stations in smaller markets amended by adding paragraphs (j) and by a person other than such television about the special impact of a rule upon (k) as set forth in appendix I hereto. network, except the license or other ex­ their operations, as well as representa­ Authority for the adoption of the rules clusive right to network exhibition tions that the economics of film produc­ as set forth in appendix I hereto is con­ within the United States and on foreign tion have changed so drastically that the tained in sections 1, 2, 4(i); 301; 303 (b), stations regularly included within such ability of independent producers to (f), (g), (i), and (j); 307(d), 308(b), television network; provided that if such generate programing to fill the time 309(a), 310, 312, 313, and 314 of network does not timely avail itself of periods no longer to be programed by the the Communications Act of 1934, as such license or other exclusive right to networks is subject to question. We are amended. network exhibition within the United desirous of acting with the fullest pos­ 40. It is further ordered, That the pro­ States, the grantor of such license or sible information, but must point out ceeding is not terminated. We will con­ right to network exhibition may, upon that this proceeding is over 5 years old, tinue to study the effect of our new rule ' making a timely offer reasonably to com­ that we gave notice of, and requested in practical operation. While we do not pensate the network, reacquire such li­ comments on, the Westinghouse proposal now anticipate the need to do so, we wish cense or other exclusive right to exhibi­ on September 28, 1968, that all parties to be in a position readily to make such tion of the program. were afforded an opportunity to update adjustments in our rules as experience (2) Nothing contained in subpara­ their data, and that oral argument was may indicate are in the public interest. graphs (1) and (2) of this paragraph held on July 21-22, 1969. All parties, Each year we have requested and the shall prevent any television network including those now urging further prO- networks have furnished us with detailed from selling or distributing programs of ceedings, have either presented their information regarding their arrange­ which it is the sole producer for televi­ positions at length or have had ample ments with packagers and others who sion exhibition outside the United States, opportunity to do so. Upon thé basis of provide them with programs. This infor­ or from selling or otherwise disposing all the material we have received, we mal method has been reasonably satis­ of any program rights not acquired from believe that the rule adopted herein factory on an interim basis. However, as another person, including the right to serves the public interest. If we are mis­ we stated in our notice (par. 38) by sub­ distribute programs for nonnetwork ex­ taken in any respect, we have stated our sequent orders we shall require licensees hibition (as in syndication) within the intention to follow developments and and networks regularly to file appropri­ United States as long as it does not itself take any remedial action that may be ate information in aid of the administra­ engage in such distribution within the necessary. Initially, of course, we will do tion of the new rules. United States or retain the right to so in disposing of any petitions for re­ (Secs. 1, 2, 4, 301, 303, 307, 308, 310, 312, 313, share the revenues or profits therefrom. consideration which may make a case 314, 48 Stat., &s amended, 1064, 1066, 1081, (3) Nothing contained in this para­ for possible revision of the rule. In that 1082, 1083, 1084, 1086, 1087; 47 TJ.S.C. 151, graph shall be construed to include any connection, we will give serious consider­ 152, 154, 301, 303, 307, 308, 310, 312, 313, 314) television network formed for the pur­ pose of producing, distributing, or ation, depending on the showing made, Adopted: May 4,1970. syndicating program materials for edu­ Released: May 7,1970. cational, noncommercial, or public " Red Lion v. FCC, (June 1969 ) 395 Ü.S. broadcasting exhibition or uses. 367. F ederal Communications (k) Prime time access rule. (1) After Justice White said: Commission,42 September 1, 1971, no television stations, “It is the right of the viewers and listeners, [ seal] B en F. W aple, assigned to any of the top 50 markets in hot the right of broadcasters which is para­ Secretary. mount * * * the right of the public to re­ which there are three or more oper­ ceive suitable access to social, political es­ In § 73.658 the headnote to that sec­ ating commercial television stations, thetic, moral and other ideas and experiences tion is amended and paragraphs (j) and shall broadcast network programs offered * * * which is crucial here. That right may (k) are added to read as follows: by any television network or networks not be constitutionally abridged either by for a total of more than 3 hours per Congress or by the FOC.” § 73.658 Affiliation agreements and net­ day between the hours of 7 p.m. and 11 This is not a new idea. In 1924 Herbert work program practices. p.m. local time, except that in the central Hoover said that great technological advances * ♦ * * ♦ in radio were useful only if broadcasters time zone the relevant period shall be honor their obligation to see to it that broad­ (j) Network syndication and programbetween the hours of 6 p.m. and 10 p.m. casting “. . . is devoted to real service and practices. (1) Except as provided in sub- (2) For the purpose of subparagraph to develop the material that is transmitted (1) of this paragraph, network programs into that which is really worthwhile. . . . It « Chairman Burch dissenting and issuing a shall be defined to exclude special news is not the ability to transmit but the char­ statement in which Commissioner Wells programs dealing with fast-breaking acter of what is transmitted that really joins; Commissioners Cox and H. Rex Lee counts.” (Recommendations for regulation of concurring. Statements of Chairman Burch news events, on-the-spot coverage of Radio, Third National Radio Conference, and Commissioner Lee are filed as part of the news events, and political broadcasts by Cct. 6, 1924, p. 3-4, part II, Second Interim original document. Statement of Commis­ legally qualified candidates for public Report, p. U5.) sioner Cox to be released at a later date. office.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7426 RULES AND REGULATIONS

Note: See also footnote 35, Report and educational, or public broadcasting is amended by revoking paragraph (j), Order, 35 P.R. 7422, for application of this television network systems. paragraph to certain sports events. and amending subparagraph (3) of para­ [F.R. Doc. 70-5873; Piled, May 12, 1970; graph (a) as set out below. (3) The portion of time from which 8:50 a.m.] network programing is excluded by sub- § 213.3326 Office of Emergency Pre­ paragraph (1) of this paragraph may paredness. not be filled with off-network syndicated Title 5— ADMINISTRATIVE (a) Office of the Director. * * * series programs, or feature films previ­ (3) Five Special Assistants to the ously broadcast in the market. PERSONNEL Director. (4) The top 50 markets shall be de­ ***** Chapter I— Civil Service Commission termined on an annual basis as of Sep­ (j) [Revoked] tember 1 according to the most recent PART 213— EXCEPTED SERVICE American Research Bureau prime time ***** Office of Emergency Preparedness (5 U.S.C. 3301, 3302, E.O. 10577; 3 CPR 1954- market rankings (all home stations com­ 58 Comp., p. 218) bined) throughout the United States. Section 213.3326 is amended to show (5) Nothing in this paragraph shall that the position of Director, Emergency U nited S tates Civil S erv­ be construed to apply to educational, Operations Office, is no longer excepted ice Commission, under Schedule C and that the new [seal] J ames C. S pry, noncommercial, or public broadcasting position of Special Assistant to the Di­ Executive Assistant to station licensees in their use and exhibi­ rector, Office of the Director, is excepted the Commissioners. tion of program materials supplied under Schedule C. Effective on publica­ [F.R. Doc. 70-5930; Piled, May 12, 1970; through one or more noncommercial, tion in the F ederal R egister, § 213.3326 8:51 a.m.]

FEDERAL REGISTER, VOL, 35, NO. 93— WEDNESDAY, MAY 13, 1970 authority of The Tobacco Inspection Act 1. In § 29.3011 the second sentence POST OFFICE DEPARTMENT of 1935 which provides for the issuance and the parenthetical reference follow­ of official U.S. grades to designate dif­ ing it would be deleted. [ 39 CFR Part 138 1 ferent levels of quality for the use of 2. Section 29.3042 is revoked. MAILABLE FREE ITEMS FOR THE producers and buyers. Official grading 3. Section 29.3151 is amended by delet­ BLIND service is also provided under the Act ing grades X3R, X4R, and X5R and their on both a mandatory and a permissive specifications. Notice of Proposed Rule Making basis. 4. Section 29.3152 is amended by delet­ During the past few years the shortage ing grades C3R, C4R, and C5R and their Notice is hereby given of proposed rule of labor has caused an increased number specifications. making consisting of an amendment to of Burley farmers to market tobacco that regulations codified in 39 CFR 138.2(a). 5. Section 29.3155 is revised to read as is commonly called “mixed stripped.” follows: It is proposed to specify the minimum Tobacco of this category consists of size requirement for sightsaving type in leaves stripped from the entire stalk with § 29.3155 Mixed (M Group). unsealed letters which may be mailed only the trashy bottom leaves and heavy This group consists of tobacco of dis­ free by a blind person or one having a tip leaves removed. Much of this tobacco tinctly different groups which are mixed physical impairment. is of better quality than the present M3 together in various combinations. Interested persons who desire to do so grade, the highest existing quality of u.s. may submit written data, views, and the Mixed Group. Graces Grade Names and Specifications arguments concerning the proposed Since better quality mixed stripped M1F Choice Light Mixed. regulations to the Director, Office of Mail tobacco has been appearing at the General quality of XI, Cl, and Bl, Classification, Bureau of Finance and market place in significantly increased medium to tissuey body, light gen­ Administration, Post Office Department, volume, a need has arisen for standard eral color, and 5 percent injury Washington, D.C. 20260r at any time grades which would more accurately tolerance. prior to the 30th day following the date classify choice quality and fine quality M2F Fine Light Mixed. of publication of this notice in the F ed­ leaf tobacco. This proposal would estab­ General quality of X2, C2, and B2, eral R egister. medium to tissuey body, light gen­ lish grades M1F and M2F to properly eral color, and 10 percent injury In § 138.2 Items mailable free, make categorize these best two qualities of tolerance. the following change: Mixed Group tobacco. M3F Good Light Mixed. Amend paragraph (a) to read as This proposal would also delete the General quality of X3, C3, B3, T3, follows: words “or better” from specifications for medium to tissuey body, light gen­ existing M grades since the higher qual­ eral color, under 20 percent greenish, §138.2 Items mailable free. ity mixed tobacco would be placed in and 15 percent injury tolerance. (a) Unsealed letters in raised charac­ the new M1F and M2F classifications. M4F Fair Light Mixed. General quality of X4, C4, B4, T4, ters in 14 point or larger sightsaving- Deletion of these words would stabilize medium to tissuey body, light gen­ size type, or in the form of sound record­ the range of the third, fourth, and fifth eral color, under 20 percent greenish, ings, sent by a blind person or a person qualities of Mixed Group tobacco. and 20 percent injury tolerance. having a physical impairment as de­ In addition, grades M3R, M4R, and M5F Low Light Mixed. scribed in § 138.1(a); M5R would become M3FR, M4FR, and General quality of X5, C5, B5, T5, ***** M5FR which would more clearly de­ medium to tissuey body, light gen­ scribe the color of recent mixed offerings. eral color, under 20 percent greenish, Note: The corresponding Postal Manual v and 30 percent injury tolerance. section is 138.2a. The percentage of “green” tobacco per­ mitted in these three grades would be M3FR Good Dark Mixed. (5 U.S.C. 301, 39 U.S.C. 501, 4654) General quality of X3, C3, B3, T3, changed to “greenish” tobacco. This heavy to medium body, dark general D avid A. N elson, change also symbolizes the better tobacco color, under 20 percent greenish, and General Counsel. that is now placed in the Mixed Group. 15 percent injury tolerance. Grades X3R,‘ X4R, X5R, C3R, C4R, M4FR Fair Dark Mixed. [F.R. Doc. 70-5843; Filed, May 12, 1970; General quality of X4, C4, B4, T4, 8:47 a.m.] and C5R would be deleted. In recent years tobacco characteristics of these heavy to medium body, dark general grades has appeared in insufficient vol­ color, under 20 percent greenish, and 20 percent injury tolerance. ume to justify retention of these grades. M5FR Low Dark Mixed. DEPARTMENT OF AGRICULTURE The definition of oil would be deleted General quality of X5, C5, B5, T5, as this constituent is no longer con­ heavy to medium body, dark general Consumer and Marketing Service sidered significant in determining the color, under 20 percent greenish, and quality of Burley tobacco. 30 percent injury tolerance. E 7 CFR Part 29 1 • All persons who desire to submit writ­ ten data, views, or arguments in con­ 6. In § 29.3181 the subheading “17 TOBACCO INSPECTION nection with the proposed amendment Grades of Flyings” is amended to read should file the same, in duplicate, with “14 Grades of Flyings”, and grade sym­ Proposed Amendment to Burley bols “X3R”, “X4R”, and “X5R” under Standard Grades the Hearing Clerk, U.S. Department of Agriculture, Room 112, Administration this subheading are deleted. Notice is hereby given that the U.S. Building, Washington, D.C. 20250, not 7. In § 29.3181 the subheading “24 Department of Agriculture has under later than-the 30th day after the publica­ Grades of Lugs or Cutters” is amended consideration a proposed amendment to tion of this notice in the F ederal R egis­ to read “21 Grades of Lugs or Cutters”, the Official Standard Grades for Burley, ter. All written submissions pursuant to and grade symbols “C3R”, “C4R”, and U.S. Type 31, pursuant to the authority the notice will be made available for “C5R” under this subheading are deleted. contained in the Tobacco Inspection Act public inspection at the office of the 8. In § 29.3181 the subheading “6 (49 Stat. 731; 7 U.S.C. 511 et seq.). Hearing Clerk during official hours of Grades of Mixed Group” is amended to Statement of consideration leading to business (7 CFR 1.27(b)). read “8 Grades of Mixed Group”, and the proposed amendment. Grade stand­ The proposed amendment is as grade symbols under this subheading are ards for tobacco are issued under the follows: amended by adding “M1F” and “M2F”

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7428 PROPOSED RULE MAKING

between the subheading and grade sym­ (1) Changing the concept of volume designates the excess as surplus and pro­ bol “M3F” and by changing grade, sym­ regulation from that of surplus to re­ vides for its disposition pursuant to bols “M3R”, “M4R”, and “M5R” to read serve and changing the word “surplus” § 608c(6) (D) of the act. When the order “M3FR”, “M4FR”, and “M5FR”, respec­ to “reserve” throughout the order; was promulgated, its provisions con­ tively. (2) Modifying the definition of “to formed with the conditions then relating (49 Stat. 734; 7 U.S.C. 511m) handle” to clarify that producers using to almond production and foreign trade almonds of their own production are demand. Done at Washington, D.C., this 7th day handlers; In the early years of the order, foreign of May 1970. (3) Defining the térms “Salable al­ trade in almonds in relation to the G. R. G range, monds” and “Reserve almonds”; United States was almost entirely a Deputy Administrator, (4) Requiring the Control Board to movement of imports into this country. Marketing Services. consider handler carryover and reserve Domestic production, even without im­ (F.R. Doc. 70-5887; Filed, May 12, 1970; almond inventory when volume regula­ ports, was exceeding domestic demand 8:51 a.m.] tion is considered and to recommend a by a substantial amount. The excess of percentage of reserve almonds that the domestic production over domestic should be released for export; demand was considered surplus. The ex­ 17 CFR Part 981 1 (5) Replacing set-aside requirements port outlet for U.S. almonds was vir­ [Docket No. AO-214-A3] for surplus almonds with simpler require­ tually nonexistent but appeared to be ments for reserve almonds, delimiting a the most remunerative surplus outlet if ALMONDS GROWN IN CALIFORNIA handler’s reserve obligation, specifying it could be .developed. Considerable holding and delivery requirements for Notice of Recommended Decision and efforts were made to develop outlets for reserve almonds, and deleting provisions surplus almonds and substantial success Opportunity To File Written Excep­ on pledging almonds for security; was achieved. A large volume of domes­ tions With Respect to Proposed (6) Deleting provisions pertaining to tically produced almonds is now being Amendment of the Marketing exchange of surplus almonds; exported regularly to foreign countries. Agreement and Order (7) Eliminating the distinction be­ There appears to be a reasonable pros­ tween certified and uncertified almonds pect that these existing export outlets, Pursuant to the applicable rules of in redetermining the kernel weight of plus newly developing outlets, will con­ practice and procedure governing pro­ almonds; tinue to take an increasing amount of ceedings to formulate marketing agree­ (8) Providing a method for controlling the U.S. almond production. In the past ments and marketing orders (7 CFR the. timing and volume of reserve al­ 10 years, exports have been as low as 8.1 Part 900), notice is hereby given of the monds exported, and adding authorized million pounds, kernel weight, in 1962-63 filing with the Hearing Clerk, U.S. De­ outlets for reserve almonds; and as high as 26.2 million pounds, ker­ partment of Agriculture, of this recom­ (9) Modifying inspection and certifi­ nel weight, in 1967-68. It is estimated mended decision with respect to the pro­ cation requirements, and clarifying lan­ that exports of almonds for the current posed amendment of the marketing guage applicable to withholding reserve season, 1969-70, will exceed 60 million agreement, as amended and this part, almonds ; pounds, kernel weight. This substantial Order No. 981, as amended (7 CFR Part (10) Removing provisions for three increase for 1969-70 is due in part to 981), regulating the handling of almonds surplus pools, and providing for distribu­ reduced foreign crops and a record Cali­ grown in' California (hereinafter collec­ tion of net proceeds from reserve al­ fornia crop. While the level of exports for tively referred to as the “order”). The monds disposed of by the Control Board; the current season should not be con­ order is effective pursuant to the provi­ (11) Adding new provisions for re­ sidered representative for the future, it sions of the Agricultural Marketing search and development; indicates the continued growth of Agreement Act of 1937, as amended (secs. (12) Prescribing the rights and obli­ exports. 1-19, 48 Stat. 31, as amended; 7 U.S.C. gations of a grower-handler; Accordingly, the export outlet should 601-674), hereinafter referred to as the (13) Revising Board voting require­ no longer be considered a surplus outlet. “act” and any amendment which may ments on recommendations for volume, It should now be considered a normal result from this proceeding also will be control percentages and for the percent­ outlet for which a portion of the domestic effective pursuant to the act. ' age of reserve almonds recommended for production should be allocated. Hence, Interested persons may file written export; the exportation of almonds should not be exceptions to this recommended decision (14) Eliminating the possibility of treated as it has been, namely, a disposi­ with the Hearing Clerk, U.S. Department double withholding and assessment obli­ tion of surplus almonds. Rather, that of Agriculture, Room 112, Administra­ gations on the same almonds; portion of the production excluded from tion Building, Washington, D.C. 20250, (15) Deleting some minor varieties normal channels of the domestic market not later than the close of business on with their shelling ratios for unshelled and earmarked for export or noncompeti­ the 12th day after publication of this almonds as listed in the order and adding tive outlets, should be designated reserve recommended decision in the F ederal others to the list; and control of its disposition should be R egister. Exceptions should be filed in (16) Establishing an operating mone­ provided for pursuant to § 608c(6) (E) of quadruplicate. All written submissions tary reserve; the act. The method of control and dis­ made pursuant to this notice will be made (17) Making such changes in the or­ position of the reserve is discussed in available for public inspection at the of­ der as are necessary to bring the entire detail in material issue (8). fice of the Hearing Clerk during regular order, as proposed to be amended, into Since the order should be updated to business hours (7 CFR 1.27(b)). — conformity with the amendatory action recognize the different export situation Preliminary statement. The public resulting from the hearing; and by changing from a surplus concept to a hearing on the record of which the pro­ (18) Continuing the order, with or reserve concept, the entire order should posed amendment is formulated was held without further amendment. reflect such change by substituting the in Sacramento, Calif., on Decem­ Findings and conclusions. The findings word “reserve” for “surplus” wherever it ber 15-16,1969. Notice of the hearing was and conclusions on the aforementioned occurs in the order. Also, the heading published in the F ederal R egister on material issues (1) to (18), inclusive, all immediately preceding § 981.45 should be November 19, 1969 (34 F.R. 18423). The of which are based on the evidence ad­ changed from “Surplus Control” to proposals in the notice of hearing were duced at the hearing and the record “Volume Regulation” to further reflect submitted by the California Almond thereof, are as follows: such change. Growers Exchange, a cooperative mar­ (1) The present order became effec­ (2) Section 981.16 “To handle” should keting association, and by the Almond tive in 1950. It provides a method for Growers Council, a grower organization. limiting the total quantity of almonds be clarified by inserting after “means” Material issues. The material issues that can be marketed within the United the words “to use almonds commercially presented on the record of the hearing States in normal trade channels pursu­ of own production or”. This insertion will involve amendatory actions relating to: ant to § 608c(6) (A) of the act. It also make it clearly understood that almonds

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7429 which a person produces and uses com­ The new definitions would not change changes. As revised, these provisions will mercially, such as in the manufacture of the manner in which the salable quantity simplify the requirements for handlers a product, are subject to regulation or handlers’ withholding obligations are to withhold and account for reserve al­ under the order. This clarification does computed. These would be determined by monds to the Control Board. not change the coverage of the order of applying the salable and reserve per­ The word “certified” should be deleted either almonds or of handling functions centages to-almonds deceived by a han­ wherever it appears in this section as no because current § 981.10 already con­ dler for his own account as specified in inspection and certification of reserve siders almonds received for a handler’s revised § 981.50. Such receipts exclude almonds would occur when they are being own account as “including all almonds almonds other than reserve almonds dis­ withheld for the account of the Control of his own production”. Moreover, as posed of in such outlets as animal feed Board until just before delivery to the testified at the amendment hearing, the or crushing into oil. These receipts also Board or disposition. original intent shown in the record of exclude the sales at roadsides stands as Present § 981.50 provides that if han­ the promulgation hearing was that the specified in § 981.13. dlers dispose of almonds in certain non­ definition of “to handle” should cover (4) “Board estimates and recommen­ competitive outlets, the quantity so dis­ such almonds so used. dations,” § 981.49, should be revised to posed of shall not be included as almond The acts of selling, consigning, trans­ add thereto the reserve inventory as of receipts. These outlets are animal feed porting and shipping are - the usual July 1, the probable reserve inventory at or crushing into oil, or other outlets ap­ methods by which almonds are put into the end of the crop year, and the recom­ proved by the Control Board. Section the channels of trade within the State of mended percentage of reserve almonds 981.66 includes these outlets, among California or from such area to points that may be exported pursuant to § 981.- others, and also includes poultry feed. outside thereof. To assure any other 66. As discussed in material issue (8), Poultry feed should be added in § 981.50 means of handling are included, § 981.16 the quantity of reserve almonds for ex­ as one of the noncompetitive outlets for also contains the phrase “or in any other port would be subject to percentage clarification and to conform this section way to put into channels of trade”. One limitation. Hence, the Board should be more closely with § 981.66. of these other ways in which almonds required to submit its recommendation The provisions in present § 981.50 re­ might be put into the channels of trade in this regard to the Secretary to aid quiring handlers to store setaside al­ could be by a grower who would use him in determining what percentage of monds in a specified manner and to de­ almonds of his own production in the reserve almonds should be released for liver them upon demand of the Control manufacture of a product within the export and establishing such a percent­ Board should be deleted because similar State of California. There might not be age if the situation requires such action. provisions would be placed in revised any sale, consignment, transportation or The Board should be required to consider § 981.52 to improve order organization. shipment preliminary to the beginning and adopt the reserve inventory esti­ Present § 981.52, “Inspection and cer­ of such manufacturing process. The act mates because they would influence the tification of surplus,” should be retitled of using almonds of one’s own produc­ percentage of reserve almonds which “Holding requirement and delivery”, and tion in a manufacturing process should should be released for export. all of its present provisions should be be considered as putting almonds into (5) Current § 981.50 prescribes re­ deleted and replaced by provisions deal­ the channels of commerce, and as such, quirements for withholding surplus ing with requirements pertaining to should be construed as handling. Thus, almonds. This requires withholding of handlers holding and delivering reserve it will be understood that the almonds the surplus at the time the obligation is almonds. The present provisions of are not to escape regulations and the incurred, that is, at the time of handling § 981.52 deal with inspectipn and certifi­ handler is to meet his obligations under any lot of salable almonds. The obliga­ cation of surplus and should be deleted the program on such almonds. tion is to hold such almonds for the as they should be replaced with other (3) Two new sections, § 981.21a “Sal­account of the Control Board or to de­ provisions on inspection and certifica­ able almonds” and § 981.21b “Reserve liver such surplus to the Control Board tion as discussed in this material issue almonds” should be added to the order upon its demand. Almonds so withheld (5) and in material issue (9). in view of the change from surplus to have to be set aside, inspected, certified The new provisions of § 981.52 should reserve operation discussed in material and identified. These requirements, how­ specify that each handler shall, at all issue (1). The two terms should be de­ ever, may be deferred to a date not later times, hold in his possession or under his fined for use in the proposed volume pro­ than May 15 of the crop year pursuant control, in proper storage for the ac­ visions and the regulations which would to § 981.53. count of the Board, the quantity of cause almonds to fall into one or the This section should be revised to ef­ almonds necessary to meet his reserve other of the two categories on the basis fect a financial saving to handlers and obligation, less certain permissible re­ of the salable and reserve percentages. bring its provisions into conformity with ductions, as discussed hereinafter. A “Salable almonds” should be defined to current industry practices. The revision handler’s reserve obligation, as previ­ mean those almonds which are free to be should eliminate the requirements for ously discussed, is described in revised handled pursuant to any salable per­ separate physical set-aside, identifica­ § 981.50. The holding requirement is centage established by the Secretary tion, and inspection and certification as necessary in view of the deletion of pursuant to § 981.47 or § 981.48. In the to meeting minimum quality. Different similar requirements from § 981.50, to absence of a reserve percentage being provisions for inspection and certifica­ require handlers to withhold reserve established for a crop year, the defini­ tion should be included in §§ 981.52 and almonds for authorized disposition or tion of salable almonds, to avoid uncer­ 981.67 as discussed in this material issue for delivery to the Board, and to effectu­ tainty of coverage, should include all (5) and in material issue (9). ate salable, reserve and export alloca­ almonds received by handlers for their To delimit the reserve obligation of tions. Since storage requirements are own accounts during that crop year. each handler, the revision should simply deleted from revised § 981.50 and proper “Salable almonds” would be free to be require that whenever salable and re­ storage is essential to maintaining the handled in any outlet, just as under the serve percentages are in effect each han­ condition of almonds, handlers should current order where the term has been dler shall withhold from handling a be required to maintain almonds in such used but not defined. storage to avoid deterioration of al­ quantity of almonds equal to the reserve monds. “Reserve almonds” should be defined percentage of the kernel weight of all to mean those almonds which must be almonds such handler receives for his As the marketing season progresses, withheld from handling to satisfy a re­ own account.- the quantity of reserve almonds required serve obligation which arises from the However, as provided similarly in to be held by a handler would not equal application of a reserve percentage es­ present § 981.50, any quantity of almonds his reserve obligation due to authorized tablished by the Secretary pursuant to disposed of in such outlets as feed or disposal and other reasons. For the pur­ § 981.47 or § 981.48. This inclusion is re­ crushing into oil, and which are not poses of reserve management and han­ quired by the recommended change from reserve almonds, should not be included dler compliance, revised § 981.52 should a surplus to a reserve concept and re­ set forth the permissible reductions in in such receipts. The present heading of the quantity of reserve almonds a han­ places what the current order includes § 981.50 should be deleted and replaced dler is required to hold. It is self-evident as “surplus” or “surplus obligation”. by “Reserve obligation” to reflect these that the handler’s holding requirement

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7430 PROPOSED RULE MAKING

should be reduced temporarily by the Paragraph (b) of § 981.53 should be weights used shall be: (a) For unshelled quantity of almonds for which he has a deleted. Paragraph (b) provides for a almonds, the kernel weight computed by deferment of time for withholding al­ handler who requests deferment of time the application of shelling ratios author­ monds pursuant to § 981.53. The han­ for withholding setaside to pledge ized pursuant to § 981.62; and (b) for dler’s holding requirement obviously almonds as security. Under the recom­ shelled almonds, the net weight. The should also be reduced by any quantity mended revisions of §§ 981.50 and 981.52, fifth classification now described in disposed of by him pursuant to § 981.67 a handler would meet his holding re­ paragraph (e) of § 981.61 should be in eligible reserve outlets; and by any quirement merely by having a sufficient retained and redesignated as paragraph quantity for which he 4s otherwise re­ quantity of almonds on hand. Therefore, (c). Also, the word “certified” should be lieved by the Board of responsibility to there is no need to put up almonds as deleted wherever it appears in § 981.61, so hold almonds such as when a handler surety. However, other provisions of consistent with the foregoing changes. acquires credits for reserve disposition § 981.53 dealing with procedure when a (8) Ouïrent § 981.66(d) provides that from another handler or when the Board bond is offered as security should be re­ the Control Board shall not dispose of, requires the handler to deliver reserve tained as any handler not acting as agent or authorize disposition of, more than 50 almonds to it. of the Board in disposition of the reserve percent of the surplus almonds prior to As previously discussed, the provisions may find it desirable or necessary to ar­ May 15 of any crop year unless disposi­ In § 981.50 requiring handlers to deliver range for such deferment. As a conform­ tion in excess of 50 percent is made in withheld almonds to the Board upon its ing change, the reference, in the last export. When this provision was included demand should be moved to § 981.52. An sentence of paragraph (a) of § 981.53 to in the order, the export market was addition should be made to these provi­ pledging almonds as security should be virtually nonexistent and the order was sions, consistent with the provisions of deleted. designed to encourage and develop this § 981.67, to make it clear that the Board (6) Present § 981.58, “Exchange of sur­ outlet. The export market has developed cannot demand delivery of reserve al­ plus almonds,” should be deleted. This to such a point that it should be con­ monds for which the handler has agreed section was needed to implement the sidered a normal market for almonds. A to undertake disposition pursuant to present requirements of physical setaside method should now be adopted to pro­ § 981.67. and identification applicable to withheld vide adequate supplies of reserve al­ These revisions of § 981.52, with those almonds. Under the amended order, how­ monds for this outlet while protecting it of § 981.50, conform with the amendatory ever, there should be no occasion for the against excessive supplies similar to the objective of deferring the time of inspec­ exchange of one lot of almonds for method for allocating the supply of tion and identification of setaside al­ another lot of almonds designated as re­ salable almonds for domestic markets. monds to reduce inspection and other serve in the hands of a handler. Until Delaying the disposition of a portion handler costs. Under the present order reserve almonds are to be disposed of or of the reserve almonds would provide setaside almonds must be identified at required to be delivered to the Control almonds which could be later released all times unless the obligation has been Board, there would be no need for segre­ to supply the export market if unantici­ deferred. Identification and certification gation or identification of reserve pated demand arose during the crop year would be required just before disposition almonds. Hence, until such time, the or prospective supply conditions the fol­ or delivery to the Board. handler would be free to draw from his lowing spring indicated addtional al­ In view of the recommended revisions total supply of almonds. Once the monds would be needed to supply export of §§ 981.50 and 981.52, and other sec­ almonds are delivered to the Control requirements during a part of the fol­ tions, different handler reporting re­ Board, any exchange, if needed, would lowing crop year. At the same time ex­ quirements would be needed so that be under the control of the Board. cessive supplies could be kept from the handlers can properly account to the (7) The last sentence o f, present export market to permit orderly market­ Board for reserve almonds. These can be § 981.61, “Redetermination of kernel ing of adequate supplies at stable prices. imposed by the Board as authorized by weight.”, prescribes the weights that The heavy plantings of almonds in re­ § 981.74. shall be used for five specified classifi­ cent years may result in surpluses which The Control Board should be able to cations of almonds in computing the should be disposed of in outlets non­ compute a handlers’ reserve obligation redetermined kernel weight for each competitive with normal markets for as it would have a record of each han­ handler through specified dates of the salable and reserve almonds to protect dler’s receipts. This and the carryin data crop year. The redetermined weights are grower returns. By thus fitting the sup­ known by the Board should indicate the used as a basis for computing each han­ ply of reserve almonds to export demand total availability of almonds. Any ship­ dler’s surplus (to become “reserve” under and disposing of the excess in noncom­ ments, be they salable or reserve, should the amendment of the order) obligation petitive outlets, the price-depressing be known by the Control Board. The re­ for the crop year through such dates. For effects of such excess on the volume of maining supply of almonds would indi­ the purpose of the weight determina­ almonds made available for normal cate the handler’s inventory position and tions, unshelled almonds and shelled domestic and export markets would be reflect whether adequate almonds were almonds are each divided into two classi­ avoided. Moreover, maintaining ade­ being held by him to meet his holding fications, “certified as surplus” and quate supplies and stable prices of al­ requirement. “other than certified surplus”. Under the monds is the same marketing policy the As discussed in material issue (9), anticipated amendment of the order, the industry has so successfully employed in handlers acting as agents of the Board in time of inspection and certification of expanding markets for almonds. disposition of reserve almonds should be reserve would be deferred to just before Accordinglyr revised paragraph (d) of required to comply with such inspection disposition or delivery to the Board. § 981.66 should provide that the Control and certification requirements as the Inspection and certification of salable Board shall not dispose of in export, or Board may specify. It should be made almonds is not and would not be re­ authorize the disposition in export, of clear that any handler not acting as an quired. There would be few if any reserve more than 80 percent or such other per­ agent of the Board also should be re­ almonds inspected at the time of the centage as the Secretary, upon recom­ quired to comply with these requirements early dates for redetermination, other mendation of the Board or other infor­ due to the need of the Board to deter­ than reserve almonds which had already mation, may establish, of the reserve mine the creditable weight of all reserve moved into export. The weights of re­ almonds of the applicable crop year. The almonds. Since § 981.52 deals with serve almonds which have been disposed percentage of 80 percent may or may not delivery to the Board, at which time Of by handlers or delivered by handlers be the appropriate initial export per­ these requirements may be imposed as to the Board will be on record in the centage of the reserve almonds of a given well as just prior to disposition, this Board’s accounts with handlers. Hence, crop year. However, it should be specified section should specify that any handler in making such weight determinations, in such paragraph to give the Board, at who does not act as agent for the Con­ there would be no need for distinguish­ time of its marketing policy meeting trol Board in the disposition of reserve ing between certified or uncertified prior to August 1, a reference point from almonds shall be subject to the applicable almonds, whether unshelled or shelled. which to begin making its estimates of inspection and certification requirements Therefore, the first four classifications the factors in § 981.49 basic to its devel­ prescribed by the Board pursuant to in the last sentence of § 981.61 should opment of an appropriate export per­ § 981.67. be reduced to two and provide that the centage which could be 80 percent, or a

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7431 higher or a lower percentage. If the its determinations on later, more reliable reserve almonds would not expire until Board should conclude that the export information. It should be mandatory September 1 of the next crop year. This percentage should be 80 percent, or if it that the Board meet and consider date could be extended. The Board’s does not recommend an export percent­ whether to increase the export percent­ obligation to dispose of the reserve al­ age to the Secretary, the 80 percent age by the deadline date so that every monds extends beyond the expiration of would automatically become effective un­ effort will be made to provide export the agency arrangement. Since the pur­ less the Secretary, on basis of informa­ markets with adequate supplies at rea­ pose of the export percentage is to con­ tion available to him, established a dif­ sonable prices and to prevent reserve trol the availability of almonds in ex­ ferent export percentage. In a particular almonds from being unnecessarily di­ port, revised paragraph (d) of § 981.66 year it could be obvious from marketing verted to low order outlets at much lower should provide that the percentage policy estimates that a larger or smaller prices. Action of the Board in making should continue in effect until increased initial percentage would be appropriate. such recommendation should not be de­ or until disposition of all of the reserve Hence, the establishment of a percentage layed beyond the time when more reliable almonds to which it applies has been different than the 80 percent should be estimates are available, and in no event completed. In this way, provision is made permitted. beyond June 30, since it is necessary to for some export percentage to always be The notice of hearing provided that satisfy the export demand while it in effect until the reserve almonds to the percentage restricting the time of exists. which it applies are disposed of. disposition of reserve almonds should The notice of hearing provided, in The notice of hearing included a pro­ restrict the total quantity of such al­ part, that all of the reserve almonds posal that paragraph (c) of § 981.66 be monds which could be disposed of in initially released must be committed be­ changed to permit reserve almonds noncompetitive domestic outlets and in fore an additional release could be made. whether such be unshelled, shelled or export outlets. There is a basis for esti­ This proposed requirement should be almond products, prepacked by handlers mating the quantity which can be ex­ made less restrictive. Otherwise, a few in sealed containers of not more than ported but little basis for predicting non­ uncommitted pounds of almonds could 16 ounces net weight, to be disposed of competitive disposition. Moreover, the thwart the objective of keeping export in any outlet but only upon execution of Board should have authority to dispose markets adequately supplied. The pre­ an agreement to prevent sales which at­ of or authorize disposition of reserve requisite finding for an increase in the tempt to circumvent said paragraph (c). almonds in noncompetitive outlets as export percentage and additional release This proposal is not included in revised needed to remove almonds in excess of should allow the Board and the Secretary paragraph (c) .under which reserve al­ the requirements for normal domestic some latitude in this regard. This should monds could be disposed of in export and export markets. Therefore, the per­ be accomplished in revised paragraph subject to the export percentage and in centage should restrict exports only. Of (d) by specifying the required finding to outlets noncompetitive with normal course, the percentage would withhold be that the volume of reserve almonds domestic and export markets. A consid­ the balance of the reserve almonds from released to export has been sold, or com­ erable volume of almonds and almond export markets unless and until it is in­ mitted for sale, to such an extent that products in sealed containers of not creased to 100 percent. additional almonds could be disposed of more than 16 ounces net weight is now Provision should be made for increas­ in export, without materially affecting marketed in normal domestic and export ing the export percentage to release addi­ adversely the disposition of the oncoming trade channels. To permit the marketing tional reserve almonds to meet export crop. Such a finding would conform with of this considerable volume as reserve demand. Therefore, revised paragraph the desirable objective of keeping the almonds in such normal channels would (d) should specify that, at any time prior export markets adqtiately supplied but compete with salable and export sales to May 15 (except that such date may be not oversupplied. of almonds and their products in the extended by the Secretary to a date not Once the initial export percentage of small containers. Such interference later than June 30 upon recommendation reserve almonds of a crop year is effec­ would decrease demand for salable al­ of the Board or other information), the tive, it should not be decreased because monds and for reserve almonds for ex­ Control Board shall meet and review the a handler may have already committed port. In the future the industry may de­ disposition of reserve almonds. The para­ all of his reserve almonds previously au­ sire to develop a new market or a market graph should further provide if the thorized for export or more such almonds for a new product (whether or not in Board finds that the volume of reserve than provided by the reduced percent­ small containers) which can be found almonds released to export has been sold, age. A handler could be in a similar situa­ to be noncompetitive with normal mar­ or committed for sale, to such an extent tion if the reserve percentage, and hence kets or outlets. If such a new product or that additional almonds could be dis­ his reserve obligation, were decreased potential market is found, such could be posed of in export, without materially because of an increase in the salable exploited under revised paragraph (c) as affecting adversely the deposition of the percentage pursuant to § 981.48. The,ex­ it would permit reserve almonds to be oncoming crop, it may recommend an port percentage would then apply to a disposed of in channels which the Board increase in the percentage to be released lesser quantity of reserve almonds and finds are noncompetitive with existing in export. Upon the basis of the Board’s would result in a smaller quantity than normal markets for almonds. Hence, the finding and recommendation, or other had been earlier released for export, un­ small container proposal is not recom­ information, the Secretary may increase less the export percentage were in­ mended for adoption. the percentage. Only the Secretary has creased to make up the difference. This The notice of hearing contained a pro­ the authority to increase the percentage. smaller quantity could be less than the posal to add almond paste as an eligible Between the effective time of the ini­ quantity already disposed of by the han­ outlet for reserve almonds. This proposal tial reserve and export percentages and dler in export or less than the quantity is not recommended for adoption be­ May 15, information would become avail­ of reserve almonds provided for export cause it was withdrawn at the hearing able to permit improved estimates of by the percentage allocations in effect and no testimony was offered to support supplies and the export requirements for before the change in the salable and it. reserve almonds prior to availability of reserve percentages. Hence, revised para­ (9) As previously discussed, the in­ new crop, and additional almonds could graph (d) of § 981.66 should provide that spection and certification requirements be released if needed. By May 15, the if pursuant to § 981.48, the reserve per­ should be eliminated from current bloom period for almonds has passed and centage is reduced during any crop year, § 981.52 and authority for prescribing some information about the set of foreign each handler may dispose of the quantity similar requirements should be included and domestic almonds is available. released into export by the reserve and by revising the first sentence of § 981.67. Nevertheless, in a particular year, crop export percentages in effect prior to such Accordingly, inspection and certification or market conditions in mid-May could requirements shduld be included among be so uncertain as to make it advisable reduction in the reserve percentage but for the Board’s review and recommenda-. his credit for reserve disposition shall the terms and conditions that the Board tion on whether to increase the export not exceed his new reserve obligation. may specify pursuant to § 981.67 when it Percentage to be deferred to a date not Under § 981.67 a handler’s authoriza­ authorizes a handler to act as its agent later than June 30 so that it can base tion as agent of the Board to dispose of in disposing of reserve almonds. This

FEDERAL REGISTER, VOL. 35, NO. '93— WEDNESDAY, MAY 13, 1970 No. 93— 4 7432 PROPOSED RULE MAKING

change would be in line with simplifying serve” and reference to separate pools the two capacities. It is also clear that withholding requirements as discussed in deleted to conform with the deletion of a person acting in his capacity as a material issue (5). Under the new with­ paragraph (a) of § 981.68. This deletion, grower has all of the rights of a grower holding requirements inspection and however, should not be construed as pre­ under the program, and that the same certification would not be needed at the cluding the possibility of separate pools person acting in his capacity as a han­ time of withholding reserve almonds but pursuant to revised paragraph (g) of dler has all of the rights and obligations could be deferred until such almonds are § 981.66 if circumstances dictate such. of a handler under the program. There­ to be disposed of by the handler or de­ Revised paragraph (g) of § 981.66 fore, the intent of the proposal is granted, livered by him to the Board. By eliminat­ should provide that the net proceeds consistent with the discussion in this ma­ ing the need for inspection and certifica­ from the disposition of reserve almonds terial issue (12) and the order as rec­ tion upon withholding or soon thereafter, by the Board shall be distributed to each ommended herein for amendment. Since some double inspections would be handler in proportion to his relative the subject matter is already clear,; the avoided thus reducing costs. It was testi­ share of such disposition in terms of the proposed new section is not needed. fied at the hearing that the Control creditable kernel weight pursuant to (13) Present § 981.49 and the recom- Board would develop definitive inspec­ § 981.51. This method could be equitable mended'Tevision of this section specify tion and certification requirements to if the Board disposes of all of the re­ that the Board shall adopt, by the affirm­ implement, and conform with, the re­ serve almonds in one outlet where the ative vote of at least six members (the vised provisions of the order, when they quality of almonds makes little difference Board has a total of 10 members), and become known. Hence, the requirements in the sales price. furnish to the Secretary not later than need only be authorized, as aforesaid. However, some other basis for dis­ August 1 of each crop year, its marketing To more clearly reflect the purpose of tributing the net proceeds might be re­ policy estimates and recommended vol­ § 981.67, the word “contributed” in the quired to achieve equity such as in the ume percentages. The notice of hearing first sentence and the sentence preceding situation where the Board would sell re­ contained a proposal to require that the the final sentence should be deleted and serve almonds in more than one outlet. six affirmative votes include the affirma­ the words “withheld from handling” For example, one outlet might require tive vote of handler members who proc­ should be subtituted in lieu thereof. This almonds of a better quality and pay a essed together not less than 80 percent change is merely a change of terminol­ higher price than another. In this case, of the preceding year’s total crop. At the ogy and should be made to conform with it may be desirable to consider each cate­ hearing it was proposed that the word the reserve concept whereby handlers gory a separate pool, charge to each pool “handled” be substituted for the word withhold from handling rather than con­ its attributable expenses, and distribute “processed”. Later, during the hearing, tribute almonds. the net proceeds to the respective han­ the entire proposal was withdrawn and (10) Current § 981.68 provides fordlers whose almonds were sold from each not supported by its proponent. Hence, three pools covering different periods of pool. Other circumstances may arise the proposal is not recommended for time for surplus almonds not disposed of which would require different methods adoption. by handlers as agents of the Board, for of distributing net proceeds to attain The notice of hearing also contained a charging direct pooling expenses, and equity. Therefore, paragraph (g) should proposal to apply the same voting distribution of the Board’s net sale pro­ be further revised to permit the Board requirement to Board recommendations ceeds to handlers. Under order operations to distribute net proceeds on such other pertaining to disposition of almonds pur­ to date, practically all surplus almonds basis as the Board may adopt with the suant to § 981.66(d). During the hear­ have been disposed of by handlers as approval of the Secretary. ing the proponent of the proposal modi­ agents of the Board and no almonds have (11) A new section, “§ 981.41 Research fied it. The modified proposal provides been pooled by the Board. History indi­ and development.”, should be added to that decisions pursuant to § 981.66(d) be cates that handlers will continue to act the order to permit the Board to estab­ based on a simple majority of the Con­ as agents of the Board in disposing of the lish or provide for the establishment of trol Board, but such majority must in­ setaside and hence, the two early pools marketing research and development clude the affirmative vote of one inde­ may not have enough volume for eco­ projects designed to assist, improve, or pendent handler and one cooperative nomic disposition. Therefore, paragraph promote the marketing, distribution, handler. (a) of § 981.68 should be deleted to elimi­ and consumption of almonds. The evi­ Board decisions relating to revised nate the multiple pools. dence of record shows that the proposed § 981.66(d) would include its recommen­ With larger crops of almonds expected, authorization is needed to permit the dations to the Secretary as to the per­ it is probable, however, there will be in industry through the Board additional centage of reserve almonds which should some years excess reserve almonds of a opportunity to stimulate the demand for be released for export, and also the pro­ crop year for delivery by handlers to the almonds in view of prospective produc­ portion of reserve almonds, if any, that Board, particularly on or after Septem­ tions. Such projects should be financed should be withheld from export for later ber 1 of the next crop year, for disposi­ through regular assessment funds. While release into export or diversion to non­ tion by the Board as provided in revised the hearing record shows a strong in­ competitive outlets, as the situation may §§ 981.66(e) and 981.67. Hence, provision terest in paid advertising, such activity warrant. must be made for pooling the reserve is not now permissible for almonds, fro The proponent of the modified voting almonds delivered to the Board, charg­ commitments or expenditures for any ap­ proposal contended that if the order is ing the expenses incurred by the Board propriate project should be made until to be amended to clothe the Control in the maintenance and disposition of the project is approved by the Secretary. Board with the authority to control al­ the almonds, and distributing the net This safeguard is important to ensure monds in export, the decisions of the sales proceeds to handlers. This should that projects will be within the scope of Board on this control affecting the en­ be done by deleting the section heading the authorized area of activity and will tire industry should not be made without “§ 981.68 Disposition by the Board.”, re­ not duplicate other projects being un­ the concurring vote of at least one han­ designating paragraph (b) and (c) of dertaken by members of the industry or dler member of the Board who is chosen § 981.68 as (f) and (g), respectively, of other agencies. by the independent segment of the in­ § 981.66 for a more appropriate location (12) The hearing notice contained a dustry. Cooperative handlers and their in the order, and revising such proposal to add to the order a new sec­ growers are represented by three han­ paragraphs. tion which would specify that a grower- dler members and three grower members In accordance with usual pool account­ Ihandler shall have all of the rights on the Board (60 percent of the total ing practices, revised paragraph (f) of a grower and in addition all of the membership). Other than cooperative should provide that direct expenses in­ rights and obligations of a handler. The handlers and their growers (independ­ curred by the Board in the maintenance order recognizes that the same person ents) are represented by two handler and disposition of reserve almonds shall may act in his capacity as a grower members and two grower members on the be charged against the proceeds of sales separately from his capacity as a han­ Board (40 percent of the total member­ of such almonds. This is similar to dler. The provisions of the order and the ship) . Under the present order and un­ present paragraph (b) of § 981.68 except amendment recommended herein are der the recommended amendment of the that “surplus” would be changed to “re­ amply clear in distinguishing between order, marketing policy decisions of the

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7433

Board and its recommendations of vol­ The present order and the recom­ persons would be allowed to and includ­ ume percentages require the affirmative mended amendment of the order are ing February 2, 1970, to file with the vote of at least six members of the Board, adequately clear that there shall be only Hearing Clerk proposed findings and or only 60 percent of its membership. one assessment and one withholding ob­ conclusions, and written arguments or However, it was testified at the hearing ligation on the same almonds and there briefs, based upon evidence received at that one cooperative handler (a coopera­ shall not be a duplication. Specific pro­ the hearing. Two briefs were filed, one tive marketing association of growers) visions are included in §§ 981.55, 981.61, on behalf of the California Almond handles about' 70 percent of the total and 981.81 to avoid any double obliga­ Growers Exchange, and the other on almonds handled, or about 10 percent tion on the same almonds. There was behalf of the Almond Growers Council. more than the representation of the co­ concern expressed at the hearing that a Every point covered in these briefs has operative element on the Board. Under grower-handler would be subjected to a been considered earefully, in light of the the modified proposal to require the af­ double assessment of his crop. However, scope of the notice and the evidence of firmative vote of six members of the this concern is needless as the act pro­ record, in making the. findings and Board including the affirmative vote of vides for levying assessments on han­ reaching the conclusions herein set forth. one independent handler and one co­ dlers only. A grower acting in his capacity To the extent that any suggested find­ operative handler, the two independent as a grower could not be required to pay ings and conclusions contained in those handlers could block Board recommen­ assessments. If he qualifies as a handler, briefs are inconsistent with the findings dations on export releases or withhold­ however, the requirement can be im­ and conclusions set forth herein, they ing from export of reserve almonds by posed on him in his capacity as a han­ are denied on the basis of the facts their two negative votes, by one nega­ dler. In view of the foregoing, the pro­ found and stated in connection with this tive vote and one abstention, or by two posal is not recommended for adoption. recommended decision. abstentions, even though all other eight (15) At the hearing, it was proposed, General findings. (1) The findings votes were cast in the affirmative. in view of the recommended changes hereinafter set forth are supplementary, The requirement in present § 981.49 concerning redetermination of kernel and in addition to the previous findings that the Board shall adopt its marketing weight of almonds as discussed in mate­ and determinations which have been policy estimates and recommendations rial issue (7), that the list Of almond made in connection with the issuance by the affirmative vote of at least six varieties with their shelling ratios, as of the marketing agreement and order, members, without any requirement as to listed in § 981.62, should be updated. This and the subsequent amendment thereof, the composition of the vote, has been in list sets forth the shelling ratios by ma­ and-all of the said previous findings and effect since the inception of the order in jor and minor varieties, and has not been determinations are hereby ratified and 1950. With this six-vote majority re­ changed since the inception of the order affirmed (for prior findings and deter­ quirement, the record shows the Board in 1950. Many of the minor varieties are minations see 15 F.R. 4993 ; 22 F.R. 3781 ; has adopted' successful marketing poli­ no longer being grown or are now pro­ 22 F.R. 8485;'23 F.R. 903) ; cies which have led to a great expansion ducing insignificant tonnage. Accord­ (2) The marketing agreement and of the demand for almonds in domestic ingly, these varieties and their shelling order, as amended and hereby proposed and export markets. It is practically cer­ ratios should be eliminated from the list. to be further amended, and all of the tain that future productions of almonds Also, since 1950, new varieties, with ap­ terms and conditions thereof, will tend will require further expansion of export preciable tonnage, have come into bear­ to effectuate the declared policy of the outlets and the development of noncom­ ing and should be included under the act; petitive outlets. minor varieties along with their appro­ (3) The marketing agreement and In view of the future need for such priate shelling ratios. These changes, order, as amended and hereby proposed success and the representation of the hereinafter set forth under the recom­ to be further amended, regulate the cooperative and independent elements mended amendment of the order, should handling of almonds grown in Califor­ on' the Board in relation to their relative be made to update the order and to pro­ nia in the same manner as, and are positions in the industry, it is only rea­ vide a sound basis for determination of applicable only to persons in the respec­ sonable to extend the affirmative six-vote kernel weights. tive classes of industrial or commercial majority requirement, without modifica­ (16) The notice of hearing included activity specified in, the marketing tion, to Board decisions basic to the con­ a proposal to establish and maintain an agreement and order upon which hear­ trol and disposition of reserve almonds operating monetary reserve. However, no ings have been held; under revised § 981.66(d). Hence, the testimony was offered at the hearing in (4) There are no differences in the modified proposal to require the affirma­ support of the proposal. Therefore, it is production and marketing of almonds tive vote of six members of the Board not recommended for adoption. in the production area covered by the including the affirmative vote of one (17) Paragraph (b) of § 981.51 should independent handler and one coopera­ be conformed with § 981.451 of the ad­ marketing agreement and order, as tive handler is not recommended for ministrative rules and regulations by amended and hereby proposed to be adoption. further amended, which require different substituting in such paragraph “20 per­ terms applicable to different parts of The phrase “, or any later revision cent” in lieu of the first “10 percent” such area; thereof,” should be inserted in the first and by substituting “10 percent” in lieu sentence of § 981.49 after the words of “5 percent”. It- is important that the (5) The marketing agreement and “each of which”. This change would order itself, as recommended for amend­ order, as amended and hereby proposed make it clear that the requirements that ment, be clear as to the minimum quality to be further amended, are limited in the early-season Board marketing policy of almonds eligible for use in satisfying application to the smallest regional pro­ estimates and recommendations of sala­ the reserve obligation of a handler. duction area which is practicable, con­ ble, reserve and export percentages, be (18) It was testified at the hearing, sistently with carrying out the declared adopted by the affirmative vote of at and the other evidence of record shows, policy of the act, and the issuance of least six members of the Board, would that continuation of the present order, several orders applicable to subdivisions also apply to any Board revisions of such without further amendment, would tend of the production area would not effec­ estimates or later recommendations. The to effectuate the declared policy of the tively carry out the declared policy of later actions of the Board could be just act. The evidence also shows that the the act; and as important as the early ones in pro­ order as herein recommended for amend­ (6) All handling of almonds grown viding a basis for adjusting the supply ment would tend to better effectuate in California is in the current of inter­ of almonds to market needs, such policy. Hence, it is concluded that state or foreign commerce, or directly (14) it was proposed that specific continuation of the order, with or with­ burdens, obstructs, or affects such com­ language should be added to the order out further amendment, will tend to merce. to make it clear that the same lot of effectuate such policy. Recommended amendment of the or­ almonds would be subjected to only one Rulings on proposed findings and con­ der. The following further amendment of assessment obligation and only one with­ clusions. The Presiding Officer an­ the almond order is recommended as the holding obligation. nounced at the hearing that interested detailed and appropriate means by which

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7434 PROPOSED RULE MAKING the foregoing conclusions may be car­ ing the crop year: Provided, That any sentence of that section is revised to ried out: quantity of almonds disposed of in out­ read: Weights used in such computa­ § 981.45 ^Amended] lets such as poultry or animal feed or tions for various classifications of al­ crushing into oil, in a manner permitting monds shall be: (a) For unshelled al­ 1. The word “reserve” is substituted accountability to the Board, and which monds, the kernel weight computed by for “surplus” wherever it occurs in the are not reserve almonds, shall not be application of shelling ratios authorized order and the heading immediately pre­ included in such receipts. The quantity pursuant to § 981.62; (b) for shelled al­ ceding § 981.45 is changed from “Sur­ of almonds hereby required to be with­ monds, the net weight; and (c) for plus Control” to “Volume Regulation”. held from handling shall constitute, and shelled almonds used in production of § 981.16 [Amended] may be referred to as the “reserve” or almond products, the weight of such “reserve obligation” of a handler. The al­ almonds. 2. Section 981.16 is revised by insert­ monds handled as salable almonds by 12. Paragraph (a) of § 981.62 is re­ ing after “means” the words “to use any handler, in accordance with the pro­ vised to read: almonds commercially of own production visions of this part, shall be deemed to or”. be that handler’s quota fixed by the § 981.62 Varietal shelling ratios for 3. New sections 981.21a and 981.21b, Secretary within the meaning of section unshelled almonds. reading as follows, are added immedi­ 8a (5) of the act. (a) The varietal shelling ratios appli­ ately after § 981.21: 7. Paragraph (b) of § 98i.51 is re­ cable to unshelled almonds for determi­ § 981.21a Salable almonds. vised to read: nation of kernel weight are as follows: “Salable almonds” means those al­ §981.51 Requirements for reserve. Major varieties: Percent monds which are free to be handled pur­ * * * * * Nonpareil ______60 Jordanolo______60 suant to any salable percentage estab­ (b) Lots of unshelled almonds shall Ne Plus Ultra______50 lished by the Secretary pursuant to not have more than 20 percent of the IXL ______50 § 981.47 or § 981.48 and, in the absence of almonds by count affected by adhering Mission ______40 a reserve percentage being established hulls (where more than 10 percent of the D rake______40 for a crop year, all almonds received by surface is affected), shall not contain Peerless______35 handlers for their own accounts during more than 10 percent by weight of loose Minor varieties: that crop year. Kaperial______;•«.______60 shells, hulls and other foreign material Merced______!______1______60 § 981.21b Reserve almonds. and shall not contain inedible kernels in Thompson______60 excess of 40 percent of the kernel weight; B igelow ______55 “Reserve almonds” means those al­ and Harpareil______55 monds which must be withheld from * * * * * Eureka______54 handling in satisfaction of a reserve ob­ B aker______53 ligation arising from application of a re­ 8. Section 981.52 is revised to read: Trem bath______53 serve percentage established by the Sec­ Long IXL______50 §981.52 Holding requirement and B allico______50 retary pursuant to § 981.47 or § 981.48. delivery. 4. A new section is added to read : D avey______50 Each handler shall, at all times, hold Ruby ______:______50 § 981.41 Research and development. in his possession or under his control, in Smith (Smith’s XL)______48 proper storage for the account of the Le welling (Lewelling’s Prolific)______47 The Control Board, with the approval W alton______—1- 41 of the Secretary, may establish or pro­ Board, the quantity of almonds necessary Emerald______- 40 vide for the establishment of marketing to meet his reserve obligation less: (a) R ipon______40 research and development projects de­ Any quantity for which he has a tempo­ Standard______38 signed to assist, improve, or promote the rary deferment pursuant to § 981.53; (b) S u ltan a______- 36 marketing, distribution, and consump­ any quantity which was disposed of by Tarragona______33 tion of almonds. The expense of such him pursuant to § 981.67; and (c) any Hardshell______30 projects shall be paid from funds col­ quantity for which he is otherwise re­ Bidwell------30 lected pursuant to § 981.81. lieved by the Board of responsibility to 13. Paragraph (d) of § 981.66 is revised 5. The first sentence of § 981.49 is re­ so hold almonds. Upon demand of the to read: vised by inserting after “each of which” Control Board reserve almonds shall be the phrase “, or any later revisions delivered to the Board f.o.b. handler’s § 981.66 Conditions governing disposi- thereof,” and paragraphs (b) and (c) warehouse or point of storage, except - -tion of reserve. of § 981.49 are revised, and a new para­ that the Control Board shall not make * * * * * graph (f) is added to such section to Such demand upon a handler with re­ (d) Time restriction on disposition. read: spect to reserve almonds for which the The Control Board shall not dispose of time for withholding has been deferred in export, or authorize the disposition in § 981.49 Board estimates and recom­ pursuant to § 981.53 or he has agreed to export, of more than 80 percent or such mendations. undertake disposition p u r s u a n t to other percentage as the Secretary, upon * * * * * § 981.67. Any handler who does not act recommendation of the Control Board or (b) The handler carryover and the re­ as agent for the Control Board in the other information, may establish, of the serve inventory as of July 1; disposition of reserve almonds shall be reserve almonds of the applicable crop (c) The desirable handler carryover subject to the applicable inspection and year. However, at any time prior to and the probable reserve inventory at certification requirements prescribed by May 15 (except that such date may be the end of the crop year; the Control Board pursuant to § 981.67. extended by the Secretary to a date not * * * * * later than June 30 upon recommendation § 981.53 [Amended] of the Board or other information), the (f) The recommended percentage of 9. The words “either by almonds Control Board shall meet and review the reserve almonds that may be exported owned by the applying handler and disposition of reserve almonds. If the pursuant to § 981.66. pledged to the Control Board or” are de­ Board finds that the volume of reserve 6. Section 981.50 is revised to read: leted from the last sentence of paragraph almonds released to export has been sold, § 981.50 Reserve obligation. (a) of § 981.53 and paragraph (b) of that section is deleted. or committed for sale, to such an extent Whenever salable and reserve percent­ that additional almonds could be dis­ ages are in effect for a crop year, each § 981.58 [Deleted] posed of in export, without materially handler shall withhold from handling 10. Section 981.58 is deleted. affecting adversely the disposition of the a quantity of almonds having a kernel weight equal to the reserve percentage § 981.61 [Amended] oncoming crop, it may recommend an in­ of the kernel weight of all almonds such 11. In § 981.61 the word “certified” is crease in the percentage to be released in handler receives for his own account dur­ deleted wherever it appears and the final export. Upon basis of the Board’s finding

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7435 and recommendation, or other informa­ Federal Aviation Regulations by adding [1 4 CFR Part 39 1 tion, the Secretary may increase the per­ an airworthiness directive (AD) appli­ [Docket No. 10300] centage. Any export percentage in effect cable to Hawker Siddeley Model DH-104 pursuant to the foregoing shall continue “Dove” airplanes. There have been re­ HAWKER SIDDELEY MODEL DH-114 to apply to the reserve almonds of the ports of cracks in the compressed air “ HERON” AIRPLANES applicable crop year unless and until bottle used in the emergency landing such percentage is increased or until all gear extension system on these airplanes Proposed Airworthiness Directives of the reserve almonds to which it applies where the affected air bottles were manu­ The Federal Aviation Administration have been disposed of. If pursuant to factured before January 1, 1959. This is considering amending Part 39 of the § 981.48, the reserve percentage is re­ condition could result in failure of the Federal Aviation Regulations by adding duced dining any crop year, each handler compressed air bottle. Since this condi­ an airworthiness directive (AD) applica­ may dispose of the quantity released into tion is likely to exist or develop in other ble to Hawker Siddeley Model DH-114 export by the reserve and export per­ airplanes of the same type design, the “Heron” airplanes. There have been re­ centages in effect prior to such reduction proposed airworthiness directive would ports of cracks in the compressed air in the reserve percentage but his credit require replacement of air bottle assem­ bottles used in the emergency landing for any authorized reserve disposition blies manufactured before January 1, gear extension system and emergency shall not exceed his new reserve obliga­ 1959, with serviceable air bottle assem­ braking system on these airplanes where tion. The Control Board may dispose of, blies of the same part number manufac­ the affected bottles were manufactured or authorize the disposition of, reserve tured on or after that date on Hawker before January 1, 1959. Since this con­ almonds in excess of those needed for Siddeley Model DH-104 “Dove” airplanes. dition is likely to exist or develop in other export, in noncompetitive outlets. Interested persons are invited to par­ airplanes of the same type design, the ticipate in the making of the proposed § 981.67 [Amended] proposed airworthiness directive would rule by submitting such written data, require replacement of air bottle assem­ 14. The first sentence of § 981.67 is re­ views, or arguments as they may desire. blies in the emergency landing gear ex­ vised by inserting after the words “such Communications should identify the tension system and emergency braking reasonable terms and conditions” the docket number and be submitted in system which were manufactured before words “including inspection and cer­ duplicate to the Federal Aviation Ad­ January 1,1959, with serviceable air bot­ tification requirements” and in the first ministration, Office of the General Coun­ tle assemblies of the same part number sentence and the sentence preceding the sel, Attention: Rules Docket, 800 In­ manufactured on or after that date on final sentence the word “contributed” is dependence Avenue SW„ Washington, Hawker Siddeley Model DH-114 “Heron” deleted and the words “withheld from D.C. 20590. All communications received airplanes. handling” are substituted therefor. v on or before June 12, 1970, will be con­ Interested persons are invited to par­ § 981.68 [Amended] sidered by the Administrator before tak­ ticipate in the making of the proposed 15. The section heading “§ 981.68 Dis­ ing action upon the_ proposed rule. The rule by submitting such written data, proposals contained in this notice may be views, or arguments as they may desire. position by the Board.” is deleted, para­ Communications should identify the graph (a) of § 981.68 is deleted, and clanged in the light of comments re­ docket number and be submitted in paragraphs (b) and (c) of § 981.68 are. ceived. All comments will be available, duplicate to the Federal Aviation Admin­ redesignated as (f ) and (g), respectively, both before and after the closing date istration, Office of the General Counsel, of § 981.66 and are revised to read: for comments, in the Rules Docket for Attention: Rules Docket, 800 Independ­ ***** examination by interested persons. ence Avenue SW., Washington, D.C. (f ) Expenses. Direct expenses in­ This amendment is proposed under 20590. All communications received on curred by the Board in the maintenance or before June 12, 1970, will be consid­ and disposition of reserve almonds shall the authority of sections 313(a), 601, and ered by the Administrator before taking be charged against the proceeds of sales 603 of the Federal Aviation Act of 1958 action upon the proposed rule. The pro­ of such almonds. (49 U.S.C. 1354(a), 1421, 1423) and of posals contained in this notice may be (g) Distribution of proceeds. Net pro­section 6 (c) of the Department of Trans­ changed in the light of comments re­ ceeds from the disposition of reserve portation Act (49 U.S.C. 1655(c)). ceived. All comments will be available, almonds by the Board shall be distributed In consideration of the foregoing, it both before and after the closing date for to each handler in proportion to his rela­ comments, in the Rules Docket for exam­ tive share of such disposition in terms of is proposed to amend § 39.13 of Part 39 ination by interested persons. creditable reserve kernel weight pursu­ of the Federal Aviation Regulations by This amendment is proposed under the ant to § 981.51 or such other basis as the adding the following new airworthiness authority of sections 313(a), 601, and 603 Control Board may adopt with the directive: of the Federal Aviation Act of 1958 (49 approval of the Secretary. U.S.C. 1354(a), 1421,1423) and of section Hawker Siddeley Aviation. Applies to Model Dated: May 8,1970. DH-104 “Dove” airplanes. 6(c) of the Department of Transporta­ To prevent possible failure of the Dunlop tion Act (49 U.S.C. 1655(c)). J ohn C. B lum, compressed air bottles used in the emergency In consideration of the foregoing, it is Deputy Administrator, landing gear extension systems, on or before proposed to amend § 39.13 of Part 39 of Regulatory Programs. December 31, 1970, inspect the compressed the Federal Aviation Regulations by add­ air bottle (P/N AH.7360) installed in the air ing the following new airworthiness [F.R. Doc. 70-5888; Piled, May 12, 1970; bottle assembly (P/N AH.8512) located under 8:51 a.m.] the pilot’s seat. If the air bottle was manu­ directive: factured before January 1, 1959, on or before Hawker Siddeley Aviation. Applies to Model December 31, 1970, replace the air bottle DH-114 “Heron” airplanes. assembly with a serviceable assembly of the To prevent possible failure of Dunlop com­ DEPARTMENT OF same part number which incorporates an air pressed air bottles used in the emergency bottle (P/N AH.7360) manufactured on or landing gear extension system and emergency after January 1, 1959. The date of manufac­ braking system, accomplish the following on TRANSPORTATION ture is etched on the collar of the air bottle. or before December 31,1970. Federal Aviation Administration (a) For all airplanes, inspect the air bottle (Hawker Siddeley Technical News Sheet, (P/N AH.7360) used in either of the emer­ 114 CFR Part 39 ] Series CT(104), No. 214, covers this subject) gency landing gear extension system air bottle assembly (P/N ACM 16784) located [Docket No, 10299] Issued in Washington, D.C., on May 6, der the pilot’s seat. If the air bottle was HAWKER SIDDELEY MODEL DH—104 1970. manufactured before January 1, 1959, re­ “DOVE” AIRPLANES W illiam G. S hreve, Jr., place the air bottle assembly with a service­ Acting Director,- able assembly of the same part number which Proposed Airworthiness Directives Flight Standards Service. incorporates an air bottle (P/N AH.7360) manufactured on or after January 1, 1959. The Federal Aviation Administration [F.R. Doc. 70-5833; Filed, May 12, 1970; The date of manufacture is etched on the is considering amending Part 39 of the 8:47 a.m.] collar of the air bottle.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7436 PROPOSED RULE MAKING

(b) For airplanes which have incorporatedof the Federal Aviation Regulations by service from the date of the inspection Modification 281 (Emergency Braking Sys­ adding the following new airworthiness during which the cracks were found (for tem), inspect the air bottle (P/N AC.10685) propellers with 600 or more hours’ time in used in the emergency braking system air directive: service since the last overhaul), or within bottle assemblies (P/N AC.11768) located un- Dowty Rotol, Ltd. Applies to propeller types 1,000 hours’ time in service from the date on the left forward face of the crew cabin (c) R.175/4-30-4/13E, incorporating of the inspection during which the cracks sloping bulkhead. If the air bottle was manu operating pins with part numbers were found (for propellers with less than 600 factured before January 1, 1959, replace the RA.44996, RA.44996/1, or RA.44996/2, hours’ time in service since the last over­ air bottle assembly with a serviceable as­ installed in but not necessarily limited haul), and thereafter at intervals not to sembly of the same part number which in­ to Fairchild Hiller F-27 and F-27B air­ exceed 1,000 hours’ time in service since the corporates an air bottle (P/N AC.10685) planes; (c) R.193/4-30-4/50, incor­ last inspection. manufactured on or after January 1, 1959. porating operating pins with part No. The date of manufacture is etched on the RA.57505, installed in but not necessarily Issued in Washington, D.C., on May 6, collar of the bottle. limited to Fokker F.27 Mark 400 and 1970. 600, and Fairchild Hiller F-27A, F-27F, W illiam G. S hreve, Jr., (Hawker Siddeley Technical News Sheet, F-27G, F-27J, and FH-227 airplanes; Acting Director, Series; Heron (114), No. S.6 covers this and (c) R.209/4-40-4.5/2, incorporating Flight Standards Service. subject) operating pins with part numbers RA.66033 or 601023087 installed on Nihon [F.R. Doc. 70-5845; Filed, May 12, 1970; Issued in Washington, D.C., on May 6, Y S.ll and YS.11A airplanes. 8:47 a.m.] 1970. Compliance is required as indicated. William G. Shreve, Jr., Acting Director, To determine if cracks exist in the fillet [1 4 CFR Part 71 ] radius of the propeller operating pins at Flight Standards Service. the junction between the pin diameter and [Airspace Docket No. 70—CE-36] [F.R. Doc. 70-5834; Filed, May 12, 1970; flange, accomplish the following: 8:47 a.m.] (a) For propeller types (c) R.175/4-30- CONTROL ZONE AND TRANSITION 4/13E and (c) R.193/4-30—4/50, at the next AREA propeller overhaul or upon the accumulation [14 CFR Part 39 ] of a total time in service of 5,000 hours since Proposed Alteration new or last overhaul, whichever occurs The Federal Aviation Administration is [Docket No. 10298] first, inspect the propeller operating pins for cracks in accordance with paragraph considering amending Part 71 of the Fed­ DOWTY ROTOL PROPELLERS (c). If no cracks are found, this inspection eral Aviation Regulations so as to alter the control zone and transition area at Proposed Airworthiness Directives must be repeated at each propeller overhaul or at intervals not to exceed 5,000 hours Minot, N. Dak. The Federal Aviation Administration time in service since the last inspection, Interested persons may participate in is considering amending Part 39 of the whichever is more frequent. the proposed rule making by submitting Federal Aviation Regulations by adding (b) For propeller type (c) R.209/4-40- such written data, views, or arguments an airworthiness directive (AD) applica­ 4.5/2, at the next propeller overhaul or upon as they may desire. Communications ble to certain types of Dowty Rotol Pro­ the accumulation of a total time in service should be submitted in triplicate to the of 4,000 hours since new or last overhaul, Director, Central Region, Attention: pellers. There have been reports of pro­ Whichever occurs first, inspect the propeller peller operating pin fatigue cracks on operating pins for cracks in accordance Chief, Air Traffic Division, Federal Avia­ these propellers. The failure of one or with paragraph (c). If no cracks are found, tion Administration, Federal Building, more operating pins could result in this inspection must be repeated at each 601 East 12th Street, Kansas City; Mo. serious vibration or loss of propeller con­ propeller overhaul or at intervals not to 64106. All communications received with­ trol. Since this condition is likely to exist exceed 4,000 hours’ time in service since the in 45 days after publication of this notice or develop on other., propellers of the last inspection, whichever is more frequent. in the F ederal R egister will be consid­ same type, the proposed airworthiness (c) Inspect the propeller operating pins ered before action is taken on the pro­ directive would require periodic inspec­ for cracks in accordance with Dowty Rotol, posed amendments. No public hearing is tions of the propeller operating pins for Ltd., Service Bulletin No. 61-711, Revision 2, contemplated at this time, but arrange­ dated February 11, 1970, or later ARB- ments for informal conferences with cracks and replacement of pins found to approved issue or an FAA-approved equiva­ be cracked pending final replacement of lent. Federal Aviation Administration officials all operating pins with pins of an im­ (d) If a crack is found in any operating may be made by contacting the Regional proved design. pin during the inspections required by para­ Air Traffic Division Chief. Any data, Interested persons are invited to par­ graph (a) or (b), the following must be views, or arguments presented during ticipate in the making of the proposed accomplished: such conferences must also be submitted rule by submitting such written data, (1) Remove all four operating pins and in writing in accordance with this notice views, or arguments as they may desire. replace each of them with new serviceable in order to become part of the record for Communications should identify the operating pins, or with serviceable operat­ consideration. The proposals contained in docket number and be submitted in ing pins which have been inspected in ac­ this notice may be changed in the light cordance with paragraph (c) and which of comments received. duplicate to the Federal Aviation Admin­ have not previously formed part of a set istration, Office of the General Counsel, containing a cracked operating pin, prior A public docket will be available for Attention: Rules Docket, 800 Independ­ to returning the propeller to service. In examination by interested persons in the ence Avenue SW., Washington, D.C. either case, the replacement pins must be Office of the Regional Counsel, Federal 20590. All communications received on or pins that are approved for the particular Aviation Administration, Federal Build­ before June 12, 1970, will be considered type propeller. ing, 601 East 12th Street, Kansas City, by the Administrator before taking ac­ (2) Reinspect all other propellers of the Mo. 64106. same type in the operator’s fleet in accord­ Since designation of controlled air­ tion upon the proposed rule. The pro­ ance with paragraph (c) as follows: posals contained in this notice may be space at Minot, N. Dak., the instrument (i) For propeller types (c) R.175/4-30- approach procedures for Minot Air changed in the light of comments re­ 4/13E and (c) R.193/4-30-4/50; within the ceived. All comments will be available, next 600 hours’ time in service from the Force Base and Minot International Air­ both before and after the closing date date of the inspection during which the port have been changed. Accordingly, it is for comments, in the Rules Docket for cracks were'found (for propellers with 1,400 necessary to alter the control zone and examination by interested persons. or more hours’ time in service since the last transition area at Minot, N. Dak., to ade­ This amendment is proposed under overhaul), or within 2,000 hours’ time in quately protect aircraft executing the service from the date of the inspection dur­ the authority of sections 313(a), 601, ing which the cracks were found (for propel­ changed approach procedures. and 603 of the Federal Aviation Act of lers with less than 1,400 hours’ time in In consideration of the foregoing, the 1958 (49 U.S.C. 1354(a), 1421, 1423) and service since the last overhaul), and there­ Federal Aviation Administration pro­ of section 6 (c) of the Department of after at intervals not to exceed 2,000 hours’ poses to amend Part 71 of the Federal Transportation Act (49 U.S.C. 1655(c)). time in service since the last inspection. In consideration of the foregoing, it (ii) For propeller type (c) R.209/4-40- Aviation Regulations as hereinafter set is proposed to amend § 39.13 of Part 39 4.5/2, within the next 400 hours’ time in forth:

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7437

(1) In § 71.171 (35 F.R. 2054), the fol­ eral Trade Commission Act, as amended, to take advantage of the factors de­ lowing control zones are amended to 15 U.S.C. 41, et seq., and the provisions scribed in paragraph (9) above, the un­ read: of Part I, Subpart B of the Commission’s certainties of postal service, computer a. Minot, N. Dak. (International Airport) : procedures and rules of practice, 16 CFR “errors” of the seller’s own doing, and Within a 5-mile radius of Minot Interna­ 1.11, et seq., has initiated a proceeding centralized methods of credit adminis­ tional Airport (latitude 48°15'40" N., longi­ for the promulgation of a Trade Regula­ tration and debt collection (including tude 101°16'45'' W.); within 4 miles each tion Rule relating to the use of negative recourse to the various deceptive and side of the Minot VORTAC 129® radial, ex­ option plans by sellers in commerce, as harassing tactics set out in paragraph 6 tending from the 5-mile radius zone to 9 “commerce” is defined in the Federal above) to extract payments from sub­ miles southeast of the VORTAC; within 4 miles each side of the Minot VORTAC 260® Trade Commission Act. scribers on whom financial liability has radial, extending from the 5-mile radius zone The Commission has initiated this been unfairly imposed; to 9 y2 miles west of the VORTAC; within proceeding having reason to believe that (11) Diverted to themselves business 4 miles each side of the Minot VORTAC 327° sellers who use negative option plans which might, and probably would, other­ radial, extending from the 5-mile radius zone have: - . , wise go to competitors who do not use to 9^2 miles northwest of the VORTAC; and (1) Failed to disclose clearly and con­ such plans, thereby causing injury to within 4 miles each side of the Minot VOR­ spicuously in all advertising and sales competition. These acts and practices TAC 097° radial, extending from the 5-mile constitute an unfair method of competi­ radius zone to 8 miles east of the VORTAC, promotional material directed to pro­ excluding the portion which overlies the spective subscribers complete details as tion in commerce and unfair and decep­ Minot AFB control zone. to the operation of any negative option tive acts or practices in commerce, in b. Minot, N. Dak. (Air Force Base) : plan used, which constitutes a failure violation of section 5 of the Federal Trade Within a 5-mile radius of Minot AFB (lati­ to disclose material facts to prospective Commission Act. tude 48°24'55" N., longitude 101°21'25" W.); subscribers; Accordingly, the Commission there­ within 2 y2 miles each side of the Deering (2) Denied subscribers sufficient time fore proposes the following Trade Regu­ TACAN 113° radial, extending from the 5- in which to respond to the negative op­ lation Rule: mile radius zone to 7 miles southeast of the TACAN; and within 2 y2 miles each side of the tion cards sent in accordance with the §425.1 The Rule. Deering TACAN 303° radial, extending^from operation of negative option plans the 5-mile radius zone to 7 miles northwest thereby depriving subscribers of the op­ (a) In connection with the sale or dis­ of the TACAN. portunity to make an informed decision; tribution of goods and merchandise in (3) Failed to deliver or have delayed commerce, as “commerce” is defined in (2) In §71.181 (35 F.R. 2134), the the delivery of merchandise due sub­ the Federal Trade Commission Act, it following transition area is amended to scribers as part of introductory offers or constitutes an unfair method of competi­ read: tion and an unfair and deceptive act or Minot, N. Dak. as bonus merchandise; (4) Delivered unordered merchandise practice to make use of any negative op­ That airspace extending upward from 700 in the place of merchandise specifically tion plan or of any other plan, scheme, or feet above the surface within a 10-mile ordered by subscribers without the prior device which is within the definition of radius of Minot AFB (latitude 48°24'55" N., negative option plan set out below: longitude 101°21'25'' W.); within à 10-mile consent of subscribers; radius of Minot International Airport (lati­ (5) Failed to terminate membership in The phrase “negative option plan” refers tude 48°15'40" N., longitude 101°16'45" W.); such plans immediately after receipt of to any sales scheme or contractual arrange­ within 5 miles each side of the Minot VOR proper cancellation notices from sub­ ment whereby a subscriber to the plan re­ TAC 260° radial, extending from the 10-mile scribers and have continued to send ceives and Is billed for merchandise offered by radii areas to 12 miles west of the VORTAC; a seller, which the subscriber has not pre­ within 5 miles each side of the Minot merchandise to such subscribers for sev­ viously requested in writing, if the sub­ VORTAC 129° radial extending from the eral months thereafter; scriber fails to indicate to the seller within 10-mile radius area to 12 miles southeast of (6) Engaged in the aforementioned a specified period of time after receipt of an the VORTAC; and within 5 miles each side acts or practices and as a result, caused announcement or statement offering, the of the Minot VORTAC 097° radial, extending subscribers to be billed and dunned for merchandise (or after receipt of the mer­ from the 10-mile radius area to 12 miles east merchandise which has not been ordered-, chandise itself) that he specifically rejects of the VORTAC; that airspace extending up­ the merchandise offered. ward from 1,200 feet above the surface for merchandise which has never been within a 35-mile radius of Deering TACAN; received, for merchandise which has al­ (b) For the purpose of carrying out and that airspace extending upward from ready been paid for in full, and for the provisions of the statutes adminis­ 5,700 feet MSL within a 50-mile radius of merchandise which has been returned tered by it, the Commission is empowered Deering TACAN, excluding the area north of pursuant to the terms of the membership to promulgate rules and regulations ap­ latitude 49°00'00" N., and the area which agreement; plicable to unlawful trade practices. overlies V-430 and V-15. (7) Failed to provide any meaningful Trade Regulation Rules express the ex­ These amendments are proposed under service or response to subscribers who perience and judgment derived from the authority of section 307(a) of the have expressed legitimate complaints and studies, reports, investigations, hearings, Federal Aviation Act of 1958 (49 U.S.C. have often answered such complaints and other proceedings, or within official 1348), and of section 6(c) of the Depart­ with a dun letter; notice concerning the substantive re­ ment of Transportation Act (49 U.S.C. (8) Administered and operated such quirements of the statutes which it 1655(c)). plans so that the acts and practices de­ administers. scribed above commonly occur and so (c) Where a Trade Regulation Rule is 197C>SUed ^ Kansas City’ Mo-> on April 22, relevant to any issue involved in an ad­ that the burden and expense of correct­ judicative proceeding thereafter insti­ ing the “errofs” caused by such acts and tuted, the Commission may rely upon the Daniel E. B arrow, practices is always unjustly placed on rule to resolve the issue, provided that Acting Director, Central Region. the subscriber; the respondent shall have been given a [F.R. Doc. 70-5848; Filed, May 12, 1970; (9) Constructed and operated a mer­ fair hearing on the applicability of the 8:48 a.m.] chandising technique which is inherently rule to the particular case. unfair in that it relies, in substantial All interested persons, including the part, on exploitation of subscribers’ natu­ consuming public, are hereby notified ral preoccupations with or diversions to that they may file written data, views, or federal trade commission more important or pressing personal arguments concerning the proposed affairs, and on traits of human character Rules with the Chief, Division of Trade E 16 CFR Part 425 ] such as procrastination or forgetfulness Regulation Rules, Bureau of Industry in order to impose liability upon sub­ Guidance, Federal Trade Commission, USE OF NEGATIVE OPTION PLANS scribers for merchandise which sub­ BY SELLERS IN COMMERCE Pennsylvania Avenue and Sixth Street scribers may not want and have taken NW., Washington, D.C. 20580, not later Notice of Proposed Trade Regulation no affirmative steps to obtain; than August 11,1970. To the extent prac­ (10) Constructed and operated a ticable, persons wishing to file written is hereby &iven that the Federal merchandising technique which is in­ presentations in excess of two pages aae Commission, pursuant to the Fed­ herently unfair in that it permits sellers should submit 20 copies. FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7438 PROPOSED RULE MAKING

All interested parties are given notice ance of 2,000 short tons to be distributed paragraphs (1), (2), (3), and (4) of this of opportunity to orally present data, by each government among its vessels of paragraph to assure that the various views, or arguments with respect to the 400 short tons carrying capacity and less. allotments designated for certain ves­ proposed rule at a public hearing to be The 4,000 and 2,000 short ton allowance sels are not underutilized and the 15 held at 10 a.m., e.d.t., August 18, 19, is for 1970 only. It is proposed that the percent overall incidental catch is not 1970, in Room 532 of the Federal Trade 2.000 short tons be allotted as follows: exceeded. Any quantity of yellowfin tuna Commission Building, Washington, D.C. (1) Bait boats—500 tons, (2) Class I-IV landed in excess of the limitations pro­ Any persons desiring to orally present seiners—500 tons, (3) Class V seiners— vided for in subparagraphs (1), (2), (3), his views at the hearing should so inform 1.000 tons. and (4) of this paragraph shall be sub­ the Chief, Division of Trade Regulation The resolution also recommended that ject to seizure pursuant to section 10(c) Rules, not later than August 11, 1970, after the closure of the yellowfin tuna of the Tuna Conventions Act of 1950, as and state the estimated time require&for fishing, the governments of the contract­ amended (16 U.S.C. 959(c)). his oral presentation. Reasonable limita­ ing parties and cooperating countries (1) Purse seiners of over 400 short tions upon the length of time allotted to may permit their flag vessels to land tons capacity may land in any port or any person may be imposed. In addition, yellowfin withou restriction in a coun­ place yellowfin tuna taken as an incident all parties desiring to deliver'a prepared try which accepts the Commission’s to fishing for those species listed in statement at the hearing should file such recommendations until such time as the § 280.2(b) (3), but in no event shall the statement with the Chief, Division of total amount of yellowfin landed in such yellowfin tuna be permitted to be landed Trade Regulation Rules, on or before country during the current year reaches by such vessels exceed 15 percent (15%) August 11, 1970. 1.000 short tons. Section 280.6(c) (6) re­ by round weight when included with The data, views, or arguments pre­ flects this proposed change. those species listed in § 280.2(b) (3). sented with respect to the practices in In addition a minor change in the de­ (2) Purse seiners of 301 to 400 short question will be available for examina­ scription of wetfish boats is proposed so tons carrying capacity, inclusive, may tion by interested parties at the office that a vessel with refrigeration may land in any port or place yellowfin tuna of the Assistant Secretary for Legal and qualify as a local wetfish boat—this is taken as an incident to fishing for those Public Records, Federal Trade Commis­ reflected in the proposed elimination of species listed in § 280.2(b) (3), but in no sion, Washington, D.C., and will be con­ that requirement under § 280.6(c) (2) (i). event shall the yellowfin tuna so permit­ sidered by the Commission. Before final adoption of amendments ted to be landed by such yessel exceed 30 All persons, firms, corporations, or consideration will be given to any data, percent (30%) by round weight when others engaged in negative option mer­ views, or arguments pertaining thereto included with those species listed in chandising in commerce, as “commerce” which are submitted in writing to the Re­ § 280.2(b) (3): Provided, That when the is defined in the Federal Trade Commis­ gional Director, Pacific Southwest Re­ catch of yellowfin tuna by purse seiners sion Act, would be subject to the require­ gion, Bureau of Commercial Fisheries, of 301 to 400 short tons capacity, in­ ments of any Trade Regulation Rule 300 Ferry Street, Terminal Island, Calif. - clusive, reaches 1,000 tons the incidental promulgated in the course of this pro­ 90731, within the period of 10 days from rate for those vessels will revert to 15 ceeding. This proceeding, therefore, is the date of publication of this notice in percent" (15%). A notice of reversion designed to inform all industry members the F ederal R egister. Interested persons which will apply to purse seiners of 301 of their obligations under the law and to will also be afforded an opportunity to to 400 short tons, inclusive, leaving port assure equitable treatment in complying comment orally on the proposed amend­ after a selected date will be published therewith. ment at a public hearing to be held in the in the F ederal R egister. United Portuguese Club, 2818 Addison (3) Purse seiners of 300 short tons All interested persons, including the Street, San Diego, Calif., beginning at carrying capacity or less may land in any consuming public, are urged to express 9:30 a.m., May 20, 1970. Any person who port or place yellowfin tuna taken as an their approval or disapproval of the pro­ intends to present views orally at this incident to fishing for those species listed posed rule, or to recommend revisions hearing is requested to furnish in writing in § 280.2(b) (3), but in no event shall thereof, and to give a full statement of his name and the name of the organiza­ the yellowfin tuna so permitted to be their views in connection therewith. tion he represents, if any, to the said landed by such vessel exceed 40 percent Issued: May 13,1970. Regional Director. (40%) by round weight when included The proposed amendments àre to be with those species listed in § 280.2(b) (3); By the Commission. issued under the authority contained in except that those purse seiners of 300 [seal] J oseph W. S hea, subsection (c) of section b of the Tuna short tons capacity or less known as Secretary. Conventions Act of 1950 as amended local wetfish boats that meet the follow­ (16 U.S.C. 955(e)). [F.R. Doc. 70-5809; Filed, May 12, 1970; ing criteria: 8:45 a.m.] Issued at Washington, D.C., pursuant (iO Do not deliver any yellowfin tuna to authority delegated to me by the Sec­ during the open yellowfin tuna fishing retary of the Interior on August 26, 1966 season and, (31 F.R. 11685), and dated May 11, 1970. (ii) Make deliveries on a daily basis, DEPARTMENT OF THE INTERIOR may accumulate the 40 percent (40%) P hilip M. R oedel, allowance by weight for incidental Fish and Wildlife Service Director, catches of yellowfin tuna for the separate Bureau of Commercial Fisheries. [ 50 CFR Part 280 ] period from the closure date until the The proposed amendments are de­ end of that month, and for each separate EASTERN PACIFIC TUNA FISHERIES scribed below : period consisting of one calendar month Revise paragraph (c) of § 280.6 to read thereafter: Provided, That when the Yellowfin Tuna as follows : catch of yellowfin tuna by purse seiners Amendments to the regulations pre­ of 300 short tons of carrying capacity scribing the restrictions on the taking of § 280.6 Restrictions applicable to fish­ or less reaches 4,500 tons the incidental in g vessels. rate for those vessels will revert to 15 yellowfin tuna from a defined area of the ***** eastern Pacific Ocean are needed to carry percent (15%). A notice of reversion into effect changes in the existing regula­ (e) Any master or other person inwhich will apply to purse seiners of 300 tory system as recommended by the charge of a fishing vessel which has de­ short tons of capacity or less leaving Inter-American Tropical Tuna Commis­ parted port after the date of the closure port after a selected date will be pub­ sion in a resolution adopted at its annual of the yellowfin season may land in any lished in the F ederal R egister. meeting April 22-24, 1970, in Ottawa, port or place yellowfin tuna as provided (4) Bait boats may land in any port Canada. The resolution recommends that for in subparagraphs (1), (2), (3), and or place yellowfin tuna not to exceed in addition to the 4,000 short tons of (4) of this paragraph: Provided, That 50 percent (50%) by round weight of the yellowfin tuna allowed vessels of 300 the Director by appropriate notice in the vessel’s carrying capacity in short tons short tons carrying capacity after the F ederal R egister may adjust the inci­ or 130 short tons, whichever is the lesser closure there will be an additional allow­ dental catch rates provided for in sub­ amount: Provided, That when the catch

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 PROPOSED RULE MAKING 7439 of yellowfin tuna by bait boats reaches capacity is filled with yellowfin tuna, (6) When operated in compliance with 2,000 short tons, the incidental catch rate would not cause the total amount of yel­ the following paragraphs of this section. for those vessels of yellowfin tuna will lowfin tuna landed in such country to (b) Taxicabs; (1) Operations around revert to 15 percent (15%) of yellowfin exceed 1,000 short tons. memorials. Parking, except in officially taken as an incident to fishing for those [F.R. Doc. 70-5916; Filed, May 12, 1970; designated taxicab stands, or cruising on species listed in § 280.2(b) (3). A notice of 8:51 a.m.] the access roads to the Washington reversion which will apply to bait boats Monument, the Lincoln Memorial, the leaving port after a selected date will be Jefferson Memorial, and the circular published in the F ederal R egister. National Park Service roads around the same, of any taxicab (5) The short ton capacity of vessels or hack without passengers is prohibited. shall be determined from tables prepared [ 36 CFR Part 50 ] However, __ this section shall not be con­ by the Commission which relate carry­ COMMERCIAL VEHICLES, COMMON strued to prohibit the operation of empty ing capacity to gross and/or net tonnage CARRIERS; SCHOOL BUSES, REC­ cabs which are proceeding directly to and from official unloading records avail­ designated taxicab stands at the afore­ able to the Bureau of Commercial Fish­ REATIONAL VEHICLES said monument find memorials or re­ eries. Managing owners of purse seine Notice of Proposed Rule Making sponding to definite calls for hack service vessels between 301 and 400 short tons by passengers waiting at such monument carrying capacity, inclusive, will be no­ Notice is hereby given that, pursuant or memorials, or of empty cabs which tified by registered mail that their ves­ to the authority vested in the Secretary have just discharged passengers at the sel is in that category and is therefore of the Interior by section 3 of the Act of entrances of the monument or memori­ subject to the provisions of subparagraph August 25, 1916 (39 Stat. 535; 16 Ü.S.C. als, when such operation is incidental to (2) of this paragraph. Managing owners 3), it is proposed to revise § 50.36 of Part the empty cabs arriving in or leaving the of vessels of 300 short tons or less carry­ 50 of Title 36, Code of Federal Regula­ area by the shortest route. ing capacity will be notified by registered tions as set forth below. (2) Stands. Taxicab stands to serve mail that their vessel is in this category The purpose of the revision is to re­ the public convenience may be estab­ and is therefore subject to the provisions move permit requirements for operation lished by order of the Superintendent in of subparagraph (3) of this paragraph. of commercial vehicles and common car­ suitable and convenient places. Managing owners hot receiving such no­ riers, to regulate the use of park roads (c) School buses: (1) Use of park tification by registered mail can assume by school buses and certain recreational roads by school buses when transporting that their vessel is in the category of vehicles, to remove the requirement of children to or from school is prohibited, over 400 short tons carrying capacity payment of fees for the use of the George except upon registration with the Office and is therefore subject to the provisions Washington Memorial Parkway by sight­ of National Capital Parks, National Park of subparagraph (1) of this paragraph. seeing buses, and to authorize certain Service, and a showing that: Except that to qualify for the bait boat additional uses of the George Washing­ (1) Access to a reasonable point for the yellowfin allocation described in sub- ton Memorial Parkway by passenger­ loading and unloading of school children paragraph (4) of this paragraph, man­ carrying vehicles for hire or compensa­ is otherwise impossible, or inability to aging owners of bait boats will supply the tion on the Maryland portion, and use park roads would unreasonably ex­ Regional Director documentation con­ on the Virginia portion of the park­ tend the time necessary for the bus-trip cerning the gross and net tonnage of way between the Theodore Roosevelt for school children, and their vessels together with records of Bridge and the Circumferential Highway (ii) No scheduled stops will be made prior unloadings. This information, to­ (1-495). on park roads, and gether with tables supplied by the Com­ It is the policy of the Department of the Interior, whenever practicable, to (iii) Use of park roads by such school mission which relate to gross and/or net buses will be limited to the hours of 7:45- tonnage and from official records avail­ afford the public an opportunity to par­ 9:15 a.m. and l;30-4 p.m. able to the Bureau of Commercial Fish­ ticipate in the rulemaking process. Ac­ eries will be used by the Regional Di­ cordingly, interested persons may sub­ (2) School buses may use park roads rector to establish the carrying capacity mit written comments, suggestions, without charge or registration for sight­ of each vessel. Failure to comply will re­ or objections regarding the proposed seeing or other recreational purposes for sult in such vessels being limited to a amendment to the Office of National school children. 15 percent (15%) incidental catch of Capital Parks, National Park Service, (d) Recreational vehicles: Vehicles yellowfin tuna taken as an incident to 1100 Ohio Drive SW., Washington, D.C. designed or adapted for noncommercial fishing for those species listed in § 280.2 20242, within 30 days of the publication recreational use, including camper units (b) (3). This incidental rate will remain of this notice in the F ederal R egister. on trucks having a capacity of three- in effect for such vessels until the above (5 U.S.C. 553; 39 Stat. 535, 16 U.S.C. 3) fourths ton or under, are allowed on park documentation is supplied and the ves­ roads without registration or payment sel’s capacity determined. Section 50.36 is revised to read as of fees. (6) Any vessel may catch yellowfin follows : (e) ' The provisions of this section pro­ tuna without restriction during the § 50.36 Commercial vehicles, common hibiting commercial vehicles, common closed season provided such tuna is carriers ; school buses, recreational carriers and school buses shall not apply landed in a country which accepts the vehicles. within “other Federal reservations” in Commission’s recommendations and pro­ (a) Operation of commercial vehicles the environs of the District of Columbia, vided further that prior to departing on and common carriers in park areas pro­ as defined in § 50.4(b), and shall not the voyage on which such yellowfin tuna hibited; exceptions: Commercial vehicles apply on that portion of Suitland Park­ is caught that the managing owner of the and common carriers, loaded or un­ way between the intersection with Mary­ vessel making such voyage receives from loaded, are prohibited on park roads and land Route 337 and the end of the park­ the Regional Director a letter granting way at Maryland Route 4, a length of 0.6 bridges, except : mile. permission for his vessel to land such (1) On the section of Constitution yellowfin tuna in such country. Those Avenue east of 19th Street NW.; (f) George Washington Memorial seeking permission for their vessel to Parkway; passenger-carrying vehicles land such yellowfin tuna in such country (2) On roads. designated by order of for hire or compensation; registration; shall forward to the Regional Director a the General Superintendent; fees: (1) Taxicabs and other sightseeing letter from the Minister of Fisheries or (3) When crossing park roads at passenger-carrying vehicles for hire or the Minister of Agriculture of the coun- vehicular intersections; compensation shall be allowed on any try m which such yellowfin tuna will be (4) When access to a destination point portion of the George Washington Me­ anded certifying that such country has is otherwise impossible, as determined morial Parkway without registration or ag^eed t0 purchase such yellowfin tuna by the Office of National Capital Parks; payment of fees. and that the maximum amount of yel- (5) National Park Service authorized (2) Passenger-carrying vehicles for pwfin tuna that could be landed by such concessioner motor vehicle operations; hire or compensation, other than taxi­ essel, assuming that the vessel’s entire and cabs, having a seating capacity of not

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 No. 93- -5 7440 PROPOSED RULE MAKING more than fourteen (14) passengers, ex­ service on any portion in Maryland, or on Airport, and (c) between Dulles Interna­ cluding the driver, when engaged in serv­ any portion in Virginia north of Roose­ tional Airport and a terminal in Wash­ ices authorized by concession agreement velt Bridge between the bridge and the ington, D.C., over any portion of the to be operated to or from the Washing­ Circumferential Highway (1-495) be­ George Washington Memorial Parkway ton National Airport and/or Dulles In­ tween 6:30 a.m. and 9:30 a.m. and be­ in Virginia north of Roosevelt Bridge be­ ternational Airport, shall be allowed on tween 3:30 p.m. and 7 p.m. A registrant tween the bridge and the Circumferen­ any portion of the George Washington shall file a schedule of operation and all tial Highway (1-495), and Chain Bridge. Memorial Parkway without registration schedule changes with the Office of Na­ A registrant shall file a report of all op­ or payment of fees. tional Capital Parks, showing the num­ erations and total miles operated on the (3) Passenger-carrying vehicles forber of such vehicles and total miles to George Washington Memorial Parkway. hire or compensation, other than those be operated on the parkway. (iii) Registration normally covers a to which subparagraphs (1) and (2) of (ii) When operating irregular route, period of 1 year, effective from July 1 this paragraph apply, may operate on nonstop service primarily for the accom­ until the following June 30. A fee pay­ the George Washington Memorial Park­ modation of air travelers arriving at or ment is required at the rate of one cent way upon registration . with the Office of leaving from Dulles International Air­ (1^) per mile for each mile each such National Capital Parks, National Park port or Washington National Airport vehicle operates upon the parkway. Pay­ Service, under the following conditions: (a) between Washington National Air­ ment shall be made quarterly within (i) When operating on a regular port and a terminal in Washington, D.C., twenty (20) days after the end of the schedule (a) to provide passenger serv­ over the George Washington Memorial quarter, based upon a certification by the ice on any portion between Mount Ver­ Parkway between Washington National operator of the total mileage operated non and the Arlington Memorial Bridge, Airport and the 14th Street Bridge, (b) upon the parkway. (b) to provide direct nonstop passenger between Dulles International Airport H arthon L. B ill, service from Roosevelt Bridge to Virginia and Washington National Airport over Acting Director, State Route 123 to serve the Central In­ the George Washington Memorial Park­ National Park Service. telligence Agency Building at Langley, way between the Circumferential High­ [F.R. Doc. 70-5830; Filed, May 12, 1970; Va., (c) to provide nonstop passènger way (1-495), and Washington National 8:46 a.m.]

I >

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970

J 7441 Notices

CERTIFICATION OF CONSTRUCTION, Delegation of authority published at 20 DEPARTMENT OF DEFENSE REPLACEMENT, OR REACTIVATION F.R. 8551, November 18, 1955, is hereby Office of the Secretary of Defense OF BAKERY, LAUNDRY, OR DRY superseded and canceled. CLEANING FACILITIES (ASD(I&L)) Maurice W. R oche, FACILITIES AND EQUIPMENT FOR Director, Correspondence and METAL SCRAP BALING OR SHEAR­ Delegation of Authority Directives Division, OASD ING, OR FOR MELTING OR SWEAT­ Refs.: (Administration). (a) Section 625, Department of Defense ING ALUMINUM SCRAP (ASD(I&L)) Appropriation Act, 1970 (83 Stat. 484). [F.R. Doc. 70-5839; Filed, May 12, 1970; (b) Section 104, Department of Defense 8:47 a.m.] Delegation of Authority Military Construction Appropriation Act, Refs: 1970 (83 Stat. 468). (a) Section 612, Department of Defense (c) DOD Directive 7040.2, “Program for Appropriation Act, 1970 (83 Stat. 481-482). Improvement in Financial Management in (b) DOD Directive 7040.2, ‘‘Program Tor the Area of Appropriations for Acquisition FEDERAL POWER COMMISSION Improvement in Financial Management in and Construction of Military Real Property,” [Docket No. G-2730 etc.] the Area of Appropriations for Acquisition January 18,1961. and Construction of Military Real Property,” (d) DOD Instruction 7040.4, “Military HILDA B. WEINERT ET AL. January 18, 1961. Construction Authorization and Appropria­ (c) DOD Instruction 7040.4, “Military tions,” October 25,1962. Finding and Order Construction Authorization and Appropria­ (e) DOD Directive 4100.15, “Commercial or tions,” October 25, 1962. Industrial Activities,” April 17, 1969. May 4, 1970. (d) DOD Directive 4100.15, “Commercial (f) DOD Instruction 4100.33, “Commercial Hilda B. Weinert and Jane W. Blum- or Industrial Activities,” April 17, 1969. or Industrial Activities—Operation of,” berg, et al. (successor to H. H. Weinert (e) DOD instruction 4100.33, "Commercial July 22, 1966. or Industrial Aotivities-^-Operation of,” (g) DOD Directive 4270.24, “Operations Estate etal.) and other Applicants listed July 22, 1966. and Maintenance Facilities Program—Minor herein, Docket No. G-2730 etc. (f) DOD Directive 5126.15, Subject as Construction Program—Programing, Re­ Findings and order after statutory above, January 6, 1956 (hereby canceled). view, and Reporting Procedures,” June 30, hearing issuing certificates of public con­ 1961. venience and necessity, canceling docket The Deputy Secretary of Defense ap­ (h) DOD Directive 5126.8, subject as above, number, amending orders issuing certifi­ proved the following delegation of au­ November 14, 1955 (hereby canceled). cates, permitting'and approving aban­ thority March 13, 1970: donment of service, terminating certifi­ By virtue of the authority vested in the The Deputy Secretary of Defense ap­ proved the following delegation of au­ cates, terminating proceeding, making Secretary of Defense by section 133(d) successors co-respondents, substituting of title 10 United States Code, there is thority March 13, 1970: By virtue of the authority vested in the respondent, redesignating proceedings, hereby delegated to the Assistant Secre­ making rate change effective, accepting tary of Defense (Installations and Logis­ Secretary of Defense by section 133(d) agreements and undertakings for filing, tics) the authority to make determina­ of title 10, United States Code, there is hereby delegated to the Assistant Secre­ requiring filing of agreements and un­ tions that the operation, acquisition, or dertakings, and accepting related rate construction of new facilities or equip­ tary of Defense (Installations and Logis­ tics) the authority to determine and schedules and supplements for filing. ment for new facilities in the continental Each of the applicants listed herein limits of the United States for metal certify in writing, with reasons therefor, has filed an application pursuant to sec­ scrap baling or shearing, or for melting that service furnished by bakery, tion 7 of the Natural Gas Act for a cer­ or sweating aluminum scrap is in the laundry or dry cleaning facilities are not tificate of public convenience and neces­ national interest. This authority may not obtainable from commercial sources at sity authorizing the sale and delivery of be redelegated. reasonable rates. This authority may not natural gas in interstate commerce or for The purpose of such determinations is be redelegated. The Assistant Secretary permission and approval to abandon to meet the restrictions upon the use of of Defense (Installations and Logistics) service or a petition to amend an order appropriated funds which are -imposed is also authorized to issue related imple­ issuing a certificate, all as more fully by reference (a), similar provisions in menting instructions. set forth in the applications and peti­ previous Acts, or which may be similarly The purpose of such certification is to tions, as supplemented and amended. imposed by future statutes. In addition meet the restrictions upon the use of Applicants have filed related FPC gas to obtaining the above determination, appropriated funds for the construction, rate schedules or supplements thereto authorizations to acquire or construct replacement, or reactivation of any bak­ and- propose to initiate, abandon, add to such new real property facilities will con­ ery, laundry, or dry cleaning facility or discontinue in part natural gas serv­ tinue to be submitted in accordance with which are imposed by references (a) and ice in interstate commerce as indicated references (b), (c), (d), and (e). (b), similar provisions in previous Acts, in the tabulation herein. All sales certifi­ Reference (f) is hereby canceled and or which may be similarly imposed by cated herein are at rates either equal to superseded. future statutes. Request for such author­ or below the ceiling prices established by Delegation of authority published at izations as may be required for the con­ the Commission’s statement of general 21 F.R. 273, January 13, 1956, is hereby struction or replacement of such facili­ policy No. 61-1, as amended, or involve superseded and canceled. ties, or for the apportionment of funds sales for which permanent certificates therefor or for the reactivation of such have been previously issued: except that Maurice W. R oche, Director, Correspondence and facilities, will continue to be submitted sales from areas for which area rates in accordance with references (c), (d), have been determined are authorized to Directives Division, OASD be made at or below the applicable area (Administration). (e ),(f), and (g). base rates adjusted for quality of the [P.R. Doc. 70-5838; Filed, May 12, 1970; Reference (h) is hereby canceled and gas, and under the conditions prescribed 8:47 a.m.] superseded. in the orders determining said rates.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7442 NOTICES

Ladd Petroleum Corp., as applicant in has heretofore filed a general undertak­ (1) Each applicant herein is a “natu­ Docket No. CI61-1653, and Ladd Petro­ ing to assure the refund of amounts de­ ral-gas company” within the meaning leum Corp. (Operator) et al., as appli­ termined to be just and reasonable in of the Natural Gas Act as heretofore cant in Dockets Nos. G-18119, G-19220, proceedings under section 4(e) of the found by the Commission or will be en­ CI61-299, CI61-564, CI61-1184, CI62- Natural Gas Act. gaged in the sale of natural gas in inter­ 197, CI62-579, CI62-598, CI64-270, and Wood, McShane & Thams—Colorado, state commerce for resale for ultimate CI64-271, proposes to continue the sales applicant in Docket No. CI70-704, pro­ public consumption, subject to the juris­ of natural gas heretofore authorized in poses to continue in part the sale of diction of the Commission, and will, said dockets to be made pursuant to natural gas heretofore authorized in therefore, be a “natural-gas company” McCulloch Oil Corp. FPC Gas Rate Docket No. G-3113 to be made pursuant within the meaning of the Natural Gas Schedule No. 14 and McCulloch Oil to Humble Oil & Refining Co. (Operator) Act upon the commencement of service Corp. (Operator) et al., FPC Gas Rate et al., FPC Gas Rate Schedule No. 31. under the authorizations hereinafter Schedules Nos. 4, 5, 6, 7, 8, 9, 10, 11,'"13, The contract comprising said rate sched­ granted. and 12, respectively. Said rate schedules ule will also be accepted for filing as a (2) The sales of natural gas herein­ will be redesignated as those of appli­ rate schedule of applicant. The presently before described, as more fully described cant. The presently effective rates under effective rate under Humble’s rate sched­ in the applications in this proceeding, McCulloch’s FPC Gas Rate Schedules ule is in effect subject to refund in will be made in interstate commerce sub­ Nos. 4, 5, 6, 8, 9, 10, 11, 12, and 13 are Docket No. RI69-51. On November 24, ject to the jurisdiction of the Commis­ in effect subject to refund in Docket No. 1969, Humble filed with the Commission sion; and such sales by applicants, RI69-672, except with respect to sales a notice of change in rate under its FPC together with the construction and oper­ made from the acreage added by Supple­ Gas Rate Schedule No. 31. By order ation of any facilities subject to the ment No. 5 to McCulloch’s FPC Gas Rate issued December 24, 1969, in Docket No. jurisdiction of the Commission necessary Schedule No. 4. The presently effective RI70-865 et al., the Commission sus­ therefor, are subject to the require­ rates under McCulloch’s FPC Gas Rate pended the proposed change in Docket ments of subsections (c) and (e) of sec­ Schedules Nos. 7 and 14 are in effect No. RI70-869 until May 25, 1970, and tion 7 of the Natural Gas Act. subject to refund in Dockets Nos. RI69- thereafter until made effective. The (3) Applicants are able and willing 652 and RI69-671, respectively. Prior notice of change was designated as Sup­ properly to do the acts and to perform increased rates were collected under plement No. 22 to Humble’s rate sched­ the service proposed and to conform to McCulloch’s FPC Gas Rate Schedules ule. In its certificate application appli­ the provisions of the Natural Gas Act Nos. 4 through 13 for locked-in periods cant requests that the change in rate and the requirements, rules and regula­ subject to refund in Docket No. RI64-475, be made effective. Applicant indicates in tions of the Commission thereunder. except with respect to sales from acreage its certificate application that it intends (4) The sales of natural gas by appli­ added by Supplements Nos. 6 and 7 to to be responsible for the total refund cants, together with the construction McCulloch’s FPC Gas Rate Schedule No. from the time that Humble’s rate was and operation of any facilities subject to 4 and Supplement No. 5 to McCulloch’s made effective subject to refund. There­ the jurisdiction of the Commission nec­ FPC Gas Rate Schedule No. 12. Applicant fore, applicant will be made co-respond­ essary therefor, are required by the indicates in its certificate applications ent in the proceedings pending in public convenience and necessity and that it intends to be responsible for the Dockets Nos. RI69-51 and RI70-869; said certificates therefor should be issued as total refund from the time that the proceedings will be redesignated accord­ hereinafter ordered and conditioned. increased rates were made effective sub­ ingly; and the change in rate suspended (5) It is necessary and appropriate, in ject to refund and has filed in Docket No. in Docket No. RI70-869 will be made carrying out the provisions of the Natu­ RI64-475 an agreement and undertaking effective subject to refund. Applicant has ral Gas Act that Docket No. CI70-819 to assure the refund of all 'amounts col­ filed an agreement and undertaking in should be canceled and that the appli­ lected in excess of ■ the amount deter­ Docket No. RI69-51 to assure the refund cation file

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7443 pending in Docket No. RI70-288 should shall not foreclose nor prejudice any (g) Applicant in Docket No. CI70-542 be terminated only with respect to sales future proceedings or objections relating shall advise the Commission of the made pursuant to Skelly Oil Co. FPC to the operation of any price or related amount of advance payments made un­ Gas Rate Schedule No. 142. provisions in the gas purchase contracts der the contract and the collection of (11) It is necessary and appropriate herein involved. Nor shall the grant of such advance payments are subject to in carrying out the provisions of the Nat­ the certificates aforesaid for service to future orders of the Commission con­ ural Gas Act that Ladd Petroleum Corp. the particular customers involved imply cerning the propriety of advance should be made a co-respondent in the approval of all of the terms of the con­ payments. proceeding pending in Docket No. RI69- tracts, particularly as to the cessation (h) The authorizations granted in 671 and substituted in lieu of McCulloch of service upon termination of said con­ Dockets Nos. CI63-996, CI70-542, and Oil Corp. as respondent in the proceed­ tracts as provided by section 7(b) of the CI70-812 are conditioned upon any de­ ings pending in Dockets Nos. RI64-475, Natural Gas Act. The grant of the certifi­ termination which may be made in the RI69-652, and RI69-672; that said pro­ cates aforesaid shall not be construed to proceeding pending in Docket No. R-338 ceedings should be redesignated accord­ preclude the imposition of any sanctions with respect to the transportation of ingly; that the agreement and under­ pursuant to the provisions of the Natural liquefiable hydrocarbons. taking submitted by Ladd in Docket No. Gas Act for the unauthorized commence­ (E) Within 45 days from the date of RI64-475 should be accepted for filing; ment of any sales of natural gas subject this order applicant in Docket No. CI70- and that Ladd should be required to file to said certificates. 704 shall file a rate schedule quality agreements and undertakings in Dockets (D) The certificates issued herein andstatement in the form prescribed in Nos. RI69-652, RI69-671, and RI69-672. the amended certificates are subject to Opinion No. 546-A. (12) It is necessary and appropriate the following conditions : (F) Docket No. CI70-819 is canceled. in carrying out the provisions of the (a) The rate for sales authorized in (G) The orders issuing certificates in Natural Gas Act that J. M. Huber Corp. Dockets Nos. CI63-996, CI67-820, CI70- Dockets Nos. G-3573, CI60-681, CI61- should be made a co-respondent in the 542, CI70-766, and CI70-812 shall be 15 1024, CI63-996, CI67-878, CI69-551, proceeding pending in Docket No. RI64- cents per Mcf at 14.65 p.s.i.a. including CI69-783, CI69-974, CI69-1014, CI70- 310 and that said proceeding should be tax reimbursement and subject to B.t.u. 205, CI70-236, and CI70-533 are amended redesignated accordingly. adjustment. In the event that the Com­ by adding thereto or deleting therefrom (13) It is necessary and appropriate mission amends its statement of general authorization to sell natural gas as de­ in carrying out the provisions of the policy No. 61-1, by adjusting the bound­ scribed in the tabulation herein. Natural Gas Act that Wood, McShane ary between the Oklahoma Panhandle (H) The authorization granted in & Thams—Colorado should be made a area and the Oklahoma “Other” area, so paragraph (G) above in Docket No. co-respondent in the proceedings pend­ as to increase the initial wellhead price CI61-1024 shall not be construed to re­ ing in Dockets Nos. RI69-51 and RI70- for new gas, applicants thereupon may lieve applicant of any refund obligation 869, that said proceedings should be re­ substitute the new rates reflecting the in the rate proceeding pending in Docket designated accordingly, that the agree­ amounts of such increases and thereafter No. RI67-270. ment and undertaking submitted in collect the new rates prospectively in (I) The order issuing a certificate in Docket No. RI69-51 should be accepted lieu of the initial rate herein authorized Docket No. CI68-90 is amended to in­ for filing, and that Wood, McShane & in said dockets. clude the interest of the co-owner and Thams—Colorado should be required to (b) The rate for the sale • authorized the certificate and related rate schedule file an agreement and undertaking in in Docket No. CI67-1632 shall be 15 cents are redesignated from Monsanto Co. to Docket No. RI70-869. per Mcf at 14.65 p.s.i.a. including tax Monsanto Co. (Operator) et al., as de­ (14) It is necessary and appropriate reimbursement. scribed in the tabulation herein. in carrying out the provisions of the (c) The rate for the sale authorized in (J) The orders issuing certificates in Natural Gas Act that the FPC gas rate Docket No. CI69-551 shall be 17 cents per the following dockets are amended to schedules and supplements related to Mcf at 14.65 p.s.i.a. including tax reim­ reflect the deletion of acreage where new the authorizations hereinafter granted bursement and subject to B.t.u. certificates are issued herein or existing should be accepted for filing. adjustment. certificates are amended herein to au­ The Commission orders: (d) The initial rate for the sale au­ thorize service from the subject acreage: (A) Certificates of public convenience thorized in Docket No. CI70-664 shall be and necessity are issued upon the terms Amend to New certificate and conditions of this order authorizing 18.75 cents per Mcf at 15.025 p.s.i.a. in­ delete and/or amendment sales by applicants of natural gas in in­ cluding tax reimbursement and subject acreage to add acreage terstate commerce for resale, together to B.t.u, adjustment. G—3113 ______CI70-704 with the construction and operation of (e) The initial rates for the sale au­ CI61-896 ______CI70-805 thorized in Docket No. CI70-754 shall CI63-20 ______CI70-764 any facilities subject to the jurisdiction CI66-653 ______— — CI70-236 of the Commission necessary therefor, be 27.1038 cents per Mcf at 60° F. for gas CI66—1093 ______—— CI69-783 all as hereinbefore described and as more from formations down to and including CI69-71 ______CI70—774 fully described in the applications and the Benson Sand and 28 cents per Mcf C169—75 ______CI70—668 at 60° F. for gas from below the Benson in the tabulation herein. (K) The orders issuing certificates in (B) The certificates granted in para­ Sand (equivalent to rates of 27 cents and 27.8927 cents per Mcf, respectively), at Dockets Nos. G-2730, G-4526, G-18119, graph (A) above are not transferable G-19220, CI61-299, CI61-564, CI61-1184, and shall be effective only so long as the contract measurements basis of 62° applicants continue the acts or opera­ F. Applicant may file a notice of change CI61-1523, CI62-197, CI62-579, CI62- tions hereby authorized in accordance in rate pursuant to § 154.94 of the Com­ 598, CI63-658, CI64-270, CI64-271, CI67- mission’s regulations if it desires to col­ 1632, CI68-985, CI68-1367, CI69-168, with the provisions of the Natural Gas CI69-230, CI69-404, and CI70-383 are Act and the applicable rules, regulations, lect the contract rate of 28.108 cents per and orders of the Commission. Mcf at 60° F. (equivalent to 28 cents per amended to reflect the successors in (C) The grant of the certificates is­ Mcf at the contract measurement basis interest as certificate holders. sued in paragraph (A) above shall not of 62° F.). (L) Permission for and approval of be construed as a waiver of the require­ (f) Applicant in Docket No. CI70-542 the abandonment of service by appli­ ments of section 4 of the Natural Gas Shall not require buyer to take-or-pay cants, as hereinbefore described, all as Act or of Part 154 or Part 157 of the for an annual quantity of gas well gas more fully described in the applications Commission’s regulations thereunder and during the first 2 contract years which is and in the tabulation herein are granted. is without prejudice to any findings or in excess of an average of 1 Mcf per day (M) Permission for and approval of orders which have been or which may for each 3,650 Mcf of determined gas well the abandonment in Docket No. CI70- hereafter be made by the Commission in gas reserves and a 1 Mcf per day for each 821 shall not be construed to relieve ap­ any proceedings now pending or here­ 7,300 Mcf of determined gas reserves plicant of any refund obligations in the after instituted by or against applicants. thereafter or the specified contract rate proceedings pending in Dockets Nos. Further, our action in this proceeding quantity. G-16602 and RI63-117.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7444 NOTICES

(N) The certificate heretofore issued Humble Oil & Refining Co. (Operator) agreement and undertaking in Docket in Docket No. G-3711 is terminated only et al., FPC Gas Rate Schedule No. 31 No. RI70-869 to assure the refund of any with respect to sales made pursuant to shall be effective subject to refund in amounts collected by itself, together Union Oil Company of California PPC Docket No. RI70-869 on May 25, 1970, with interest at the rate of 7 percent Gas Rate Schedule No. 7. with respect to sales made by Wood, per annum, in excess of the amount de­ (O) Thè certificates heretofore issued McShane & Thams—Colorado pursuant termined to be just and reasonable in in Dockets Nos. G-6403, G-17855, G - to its PPC Gas Rate Schedule No. 1 from said proceeding with respect to sales 17908, CI68-178, and CI68-624 are acreage acquired from Humble. Wood, made from the acreage assigned by terminated. McShane & Thams—Colorado shall Humble Oil & Refining Co. (Operator) (P) The rate proceeding pending in charge and collect the rate of 16.8882 et al., to Wood, McShane & Thams— Docket No¿ RI70-288 is terminated only cents per Mcf at 14.65 p.s.i.a. subject to Colorado. Unless notified to the contrary with respect to sales made pursuant to refund in Docket No. RI69-51 from No­ by the Secretary of the Commission Skelly Oil Co. FPC Gas Rate Schedule No. vember 24, 1969, through May 24, 1970, within 30 days from the date of sub­ 142. and the rate of 17.9117 cents per Mcf mission, such agreement and under­ at 14.65 p.s.i.a. subject to refund in taking shall be deemed to have been ac­ (Q) Ladd Petroleum Corp. is made a Docket No. RI70-869 from May 25, 1970. cepted for filing. The agreement and co-respondent in the proceeding pending Wood, McShane & Thams—Colorado undertaking shall remain in full force in Docket No. RI69-671; Ladd Petroleum shall comply with the refunding and re­ Corp (Operator) et al., is substituted in and effect until discharged by the porting procedure required by the Natu­ Commission. lieu of McCulloch Oil Corp. (Operator) ral Gas Act and § 154.102 of the regula­ et al., as respondent in the proceedings tions thereunder. The agreement and (V) The rate schedules and rate pending in Dockets Nos. RI64-475, RI69- under taking filed in Docket No. RI69-51 schedule supplements related to the au­ 652, and RI69-672; said proceedings are shall remain in full force and effect until thorizations granted herein are accepted redesignated accordingly; and the agree­ discharged by the Commission. for filing or are redesignated, all as de­ ment and undertaking submitted by Ladd in Docket No. RI64-475 is accepted (U) Within 30 days from the date ofscribed in the tabulation herein. this order, Wood, McShane & Thams— for filing. Ladd shall comply with the re­ By the Commission. funding and reporting procedure re­ Colorado shall execute, in the form set quired by the Natural Gas Act and out below, and shall file with the Sec­ [seal] Gordon M. Grant, § 154.102 of the regulations thereunder. retary of the Commission an acceptable Secretary. The agreement ancLundertaking shall re­ main in full force and effect until dis­ Docket No. FPC rate schedule to be accepted and Applicant Purchaser, field and ' ------charged by the Commission. date filed location Description and date No. Supp. (R) Within 30 days from the issuance document of this order, Ladd Petroleum Corp. (Op­ erator) et al., shall execute, in the form G-2730______Hilda B. Weinert and Natural Gas Pipeline Co. H. H. Weinert Estate 1 ...... E 4-1-69 Jane W. Blumberg of America, La Gloria et al., FPC GRS set out below, and shall file with the et al. (successor to Field, Jim Wells and No. 1. Secretary of the Commission acceptable H. H. Weinert Estate Brooks Counties, Tex. Supplemental Nos. 1-10. 1 1-10 et al.). . Notice of succession agreements and undertakings in Dockets 4-19-69. Nos. RI69-652, RI69-671, and RI69-672 Effective date: 1-1-68...... to assure the refunds of all amounts col­ G-2730...... do...... Transcontinental Gas H. H. Weinert Estate • 2 ...... E 4-1-69 Pipe Line Corp., La et al., FPC GRS lected, together with interest at the rate Gloria and Brooks No. 2. of 7 percent per annum, in excess of the Counties, Tex. Supplemental Nos. 1-20. 2 1-20 Notice of succession amounts determined to be just and rea­ 4-19-69. sonable in Dockets Nos. RI69-652 and Effective date: 1-1-68...... G-3573...... Southern Petroleum El Paso Natural Gas Co., Supplemental agree- 13 15 RI69-672 and to assure the refund of C 2-6-70 Exploration, Inc. Chacra Formation, ment 1-27-70.1 all amounts collected under McCulloch Rio Arriba County, Oil Corp. PPC Gas Rate Schedule No. N. Mex. G-4526______Car-'Tex Producing Co. United Gas Pipe Line V. R. Hufflnes et al., 5 .. 14 and Ladd Petroleum Corp. PPC Gas E 2-27-70 (successor to V. R. Co., Carthage Field, FPC GRS No. 1. Rate Schedule No. 23, together with Hufflnes et al.). Panola County, Tex. Supplemental Nos. 1-10. 5 1-10 Notice of succession interest at the rate of 7 percent per an­ 2-25-70. num, in excess of the amount determined Conveyance 2-3-702...... 5 11 Effective date: 2-3-70...... to be just and reasonable in Docket No. G-18119...... Ladd Petroleum Corp. El Paso Natural Gas Có., McCulloch Oil Corp. 13 .. RI69-671. Unless notified to the contrary E 1-13-70 (Operator) et al. Ignacio-Bianco Field, (Operator) et al., by the Secretary of the Commission with­ successor to La Plata County, Colo. FPC GRS No. 4. McCulloch Oil Corp. Supplemental Nos. 1-10. 13 1-10 in 30 days from the date of submission, (Operator) et al. Notice of succession such agreements and undertakings shall 1-9-70. Assignment 12-19-69 3__ 13 U be deemed to have been accepted for fil­ Effective date: 7-1-69____ ing. The agreements and undertakings G-19220...... do...... Southern Union Gather- McCulloch Oil Corp. 14 .. E 1-16-7Ö mg Co., Ignacio Bianco- (Operator) et al., shall remain in full force and effect until Mesa Verde Field, La FPC GRS No. 5. discharged by the Commission. Plata County, Colo. Supplemental Nos. 1-2.. 14 1-2 Notice of succession (S) J. M. Huber Corp. is made a co­ 1-15-70. respondent in the proceeding pending in Assignment 12-19-69 3— 14 3 Docket No. RI64-310 and said proceed­ Effective date: 7-1-69___ _ CI60-681-...... The Superior Oil Co____Tennessee Gas Pipeline Notice of partial cancel- 104 8 ing is redesignated accordingly. J. M. D 2-27-70 Co., a division of Ten- lation 2-27-70.« « Huber Corp. shall comply with the re­ neco Inc., N}^ of Block 68 Field, West Cameron funding and reporting procedure re­ Area, La. quired by the Natural Gas Act and CI61-299______Ladd Petroleum Corp. El Paso Natural Gas Co., McCulloch Oil Corp. 15 .. E 1-19-70 (Operator) et al. (suc- Basin-Dakota Field, (Operator) et al., § 154.102 of the regulations thereunder. cessor to McCulloch San Juan County, N. FPC GRS No. 6. (T) Wood, McShane & Thams—Colo­ Oil Corp. (Operator) Mex. Supplemental Nos. 1-11. 15 1-11 et al.) Notice of succession rado is made a co-respondent in the 1-15-70. ' proceedings pending in Dockets Nos. Assignment 12-19-69 3— 15 12 RI69-51 and RI70-869, said proceedings Effective date: 7-1-69____ are redesignated accordingly, and the Filing code: A—Initial service. - B—Abandonment. agreement and undertaking submitted C—Amendment to add acreage. D—Amendment to delete acreage. in Docket No. RI69-51 is accepted for E —Succession. filing. The rates, charges, and classifica­ F—Partial succession. tions set forth in Supplement No. 22 to See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 Docket No. FPC rate schedule to be accepted Docket No. FPC rate schedule to be accepted and Applicant Purchaser, field and and Applicant Purchaser, field and date filed location Description, and date No. Supp. date filed location Description and date No. Supp. document document

CI61-564...... do...... El Paso Natural Gas Co., McCulloch Oil Corp. 16 .. C164-270...... Ladd Petroleum Corp. Southern Union Gather- McCulloch Oil Corp. 22 E 1-19-70 Ignacio Blanco Field, (Operator) et al., E 1-23-70 (Operator) et al. ing Co., Basin-Dakota (Operator) et al., FPC La Plata County, Colo. FPC GRS No. 7. (successor to Fiéld, San Juan GRS No. 13. Supplemental Nos. 1-11. 16 1-11 McCulloch Oil Corp. County, N. Mex. Supplemental Nos. 1-3.. 22 1-3 Notice of succession (Operator) et al.). Notice of succession 1-16-70. 1-20-70. Assignment 12-19-69 3... 16 12 Assignment 12-19-69 3__ 22 4 Effective date: 7-1-69.. Eflective date: 7-1-69...... C161-1024...... __ Mobil Oil Corp. Natural Gas Pipeline Co. Notice of cancellation 266 20 C164-271....__ ...... do...... ____ do...... McCulloch Oil Corp. 21 D 3-4-70 (Operator) et al. of America, North 3-2-70.« « E 1-23-70 (Operator) et al. Custer City Field, FPC GRS No. 12. Custer County, Okla. V Supplemental Ños. 1-5.. 21 1-5 C161-1184______Ladd Petroleum Corp. El Paso Natural Gas Co., McCulloch Oil Corp. 17 .. Noticë'of succession E 1-19-70 (Operator) et al. Ignacio Blanco Field, (Operator) et al., 1-20-70. (successor to McCul- La Plata County, Colo. FPC GRS No. 8. Assignment 12-19-69 3__ 21 6 loch Oil Corp. (Oper- Supplemental Nos. 1-9.. 17 1-9 Eflective date: 7-1-69...... ator) et al.). Notice of succession Cl67-820...... Signal Oil & Gas 9 Co., Michigan Wisconsin Pipe Service Gas Products 28 1-16-70. A 12-29-66 a division of The. Line Co., Northeast Co. (Operator) FPC Assignment 12-19-69 «... 17 10 E 11-5-69 Signal Cos., Inc. Lo vedale Plant, Woods ' GRS No. 8. Effective date: 7-1-69___ (Operator) (successor County, Okla. Supplemental No. 1...... 28 i CI61-1523-...... __ Ladd Petroleum Corp. El Paso Natural Gas Co., McCulloch Oil Corp., 23 .. to Service Gas Prod- Notice of succession E 1-23-70 (successor to McCul- Basin-Dakota Field, FPC GRS No. 14. ucts Co. (Operator). 11-3-69. loch Oil Corp.). San Juan County, Supplemental Nos. 1-5.. 23 1-5 Assignment 10-31-69 9»._ 28 ,N. Mex. Notice of succession CI67-878... Mobil Oil Corp. (Oper­ Panhandle Eastern Pipe Notice of partial can­ 392 1-21-70. D 2-13-70 ator) et al. Line Co., acreage in cellation 2-11-70.« w Assignment 12-19-69 3. .. 23 6 Ellis County, Okla. Effective date: 7-1-69___ , CI67-1632...... Afton Thrash (Opera­ Lone Star Gas Co., Roosth & Genecov CI62-197...... — Ladd Petroleum Corp. El Paso Natural Gas Co., McCulloch Oil Corp. 18 .. E 1-29-70 » tor) et al. (successor North Henderson Production Co. E 1-22-70 (Operator) et al. Ignacio Blanco Field, (Operator) et al., to Roosth & Genecov Field,, Rusk County, (Operator) et al., (successor to McCul- La Plata County, Colo. FPC GRS No. 9. Production Co. Tex. FPC GRS No. 3. loch Oil Corp. Supplemental Nos. 1-3.. 18 1-3 (Operator) et al.). Supplemental Nos. 1-3.. 1-3 (Operator) et al.). Notice of succession Notice of succession 1-19-70. 11-6-69. NOTICES Assignment 12-19-69 3_.. 18 4 Assignment 10-13-69___ Effective date: 7-1-69___ CI68-90..'. Monsanto Co. (Opera­ Panhandle Eastern Pipe (12a) C162-579 ...... El Paso Natural Gas Co., McCulloch Oil Corp. 19 ... 3-2-70 « tor), et al. Line Co., Northeast E 1-23-70 Basin-Dakota and (Operator) et al.. Waynoka Field, Woods Largo-Gallup Fields, FPC GRS No. 10. County, Okla. Rio Arriba County, Supplemental Nos. 1-9.. 19 1-9 GI68-985.._ Westhoma Oil Co. Northern Natural Gas Arapahoe Production N. Mex. Notice of succession E 3-3-70 (Operator), et al. Co., Mocaue Láveme Co. (Operator) et al., 1-19-70. (successor to Arapa­ Field, Beaver County, FPC'GRS No. 1. Assignment 12-19-693 .. 19 10 hoe Production Okla. Notice of succession Effective date: 7-1-69 Co. (Operator), et al.) 2-23-70. CI62-598______...... do...... El Paso Natural Gas Co., McCulloch Oil COrp. 20... Agreement 5-1-69 ‘3...... 7 1 E 1-22-70 Basin-Dakota Field, (Operator) et al., Effective date: 5-1-69...... San Juan County, FPC GRS No. 11. CI68-1367. _ .do...... Michigan Wisconsin Pipe Arapahoe Production N. Mex. Supplemental Nos. 1-8.. 20 1-8 E 3-3-70 Line Co., Laverne Co. (Operator) et al., Notice of succession Field, Harper and FPC GRS No. 2. 1-19-70. Beaver Counties, Okla. Notice of succession Assignment 12-19-69 3_.. 20 9 2-23-70. Effective date: 7-1-69 Agreement 5-1-69 13____ 8 1 CI63-658...... Southwest Gas . Arkansas Louisiana Gas Crescent Drilling Co., 25 ... Effective date: 5-1-69...... E 2-12-70 Producing Co., Inc. Co., Cheniere Brake Inc., FPC GRS CI69-168__ Cities Service Oil Co. Montana-Dakota Utilities Woods Petroleum ■32¿‘” ” [ ” 1 (successor to Crescent Field, Ouachita Parish, No. 4. E 2-26-70 (successor to Woods Co., Recluse Gas Corp., FPC GRS Drilling Co., Inc.). La. Supplemental No. 1...... 25 1 Petroleum Corp.). Products Plant, Camp­ No. 20. Notice of succession bell County, Wyo. Notice of succession > 2-6-70. 2-20-70. Assignment 3-9-671____ 25 2 Assignment 1-28-70 w__ 324 1 Effective date: 11-1-66...... Effective date: 1-1-70...... CI63-996...... Humble Oil & Refining Arkansas Louisiana Gas Amendatory agreement 331 18 CI69-230., _ Westhoma Oil Co. Michigan Wisconsin Pipe Arapahoe Production C 1-23-70 Co. (Operator) et al. Co., North Cooper 12-17-69. E 3-3-70 (Operator) et al. Line Co., Laverne Co. (Operator) et al., Field, Blaine County, Compliance 3-6-7013__ 331 19 (successor to Arapahoe Field, Harper and FPC GRS No. 3. Production Co. Beaver Counties, Okla. Notice of succession (Operator) et al.). 2-23-70. See footnotes at end of table. Agreement 5-1-69 13...... Eflective date: 5-1-69___ 7445

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7446 7446 Docket No. PPC rate schedule to be accepted Docket No. FPC rate schedule to be accepted and Applicant Purchaser, field and and Applicant Purchaser, field and date filed location Description and date No. Supp. date filed location Description and date No. Supp. document document

CI69-404.... McCulloch Oil Corp. Montana-Dakota Utilities Omega Gas Co., FPC 16 ... C170-764_____ ... Leben Drilling, Inc. Arkansas Louisiana Gas Contract 5-24-62 28 7 ...... E 3-6-70 (successor to Omega Co., Richland Plant, GRS No. 1. (C163-20) (successor to Humble Co., acreage in Le Flore Amendment 3-22-63___ 7 1 Gas Co.). Brorson Field, Rich­ Notice of succession F 2-18-70 Oil & Refining Co.). County, Okla. Assignment 8-22-69 29__ 7 2 land County, Mont. 3-3-70. C170-765_____ ... K. S. Oil Co., et al...... Northern Natural Gas Contract 9-22-69...... 1 ...... Assignment 2-25-70 18.. 16 1 A 2-25-70 Co., acreage in Bearer Effective date: 3-3-70..... County, Okla. CI69-551...... Jones & Pellow Oil Co.1«. Michigan Wisconsin Pipe Amendment 1-27-70..... 8 4 C170-766...... __ Milford Corp 30...... Panhandle Eastern Pipe Contract 1-2-70...... 1 ...... C 2-25-70 Line Co., acreage in A 2-25-70___ Line Co., acreage in Woodward Area, Wood­ Woods County, Okla. ward County, Okla. 0170*771______Roy Proffitt...... The Ohio Fuel Gas Co., Contract 1-5-70______3 ...... C160-783...... Hassle Hunt Trust...... Texas Gas Transmission Assignment 12-31-69 17.. 38 3 A 2-24-70___ Lebanon Township, (0166-1093) Corp., Northeast Lisbon Effective date: 12-31-69__ Meigs County, Ohio. C 3-9-70 Field, Claiborne . C170-774______Harold J. Reedy Panhandle Eastern Pipe Contract 6-10-68 31...... 2 ...... Parish, La. (CI69-71) (successor.to H. H. Line Co., North Hope- Assignment 10-9-69 32__ 2 1 CI69-974...... Roy Proffitt (Operator) The Ohio Fuel Gas Co., Contract 1-5-70...... 1 1 F 2-24-70___ __ Champlin et al.). ton Field, Woods Effective date: 10-1-69...... C 2-24-70 et al. Lebanon Township, County, Okla. Meigs County, Ohio. C170-779_____ ... The Winifrede Co...... Pennzoil United, Inc., Notice of Cancellation 2 1 CI69-1014...... Robert C. Armstrong.. . Northern Natural Gas Amendatory agreement 1 1 (G-6403) Elk District, Kanawha 2-23-70.8 38 C 3-9-70 Co., Belpre Kinderhook 2-5-70.* B 2-27-70 County, W. Va. Field, Edwards CI70-781-...... __ Tenneco Oil Co...... El Paso Natural Gas Co., Contract 2-19-70 >...... 260 ...... County, Kans. A 3-2-70 Dakota Formation, San CI70-205...... Jones & Pellow Oil Co. . Michigan Wisconsin Pipe Amendatory agreement 11 1 Juan Basin, San Juan C 2-25-70 Line Co., Laveme 1-27-70. County, N. Mex. Field, Harper County, C170-790...... __ Union Drilling, Inc____ Cumberland & Allegheny Contract 1-13-69 184...... 4 4 ...... Okla. A 3-5-70 Gas Co., Meade Dis- CI70-236______Leben Drilling, Inc, Arkansas Louisiana Gas Assignment 5-1-6918___ 3 9 trict, Upshur County’, (CI66-653) (Operator) et al. Co., Arkoma Area, W. Va. C 2-18-70 Latimer and Pittsburg CI70-794_____ ...... do...... Cumberland & Allegheny Contract 8-29-69 184...... 4 6 ...... Counties, Okla. A 3-4-70 Gas Co., Washington CI70-383______McCulloch Oil Corp. Montana-Dakota Utilities Omega Gas Co., FPC 17 ... District, Upshur Coun- E 3-5-70 (successor to Omega Co., Ute Field, Camp­ GRS No. 2. ty, W. Va. Gas Co.). bell County, Wyo. Notice of succession CI70-795-...... ______do______i ...... __ _.do...... Contract 10-22-69 184___ 4 6 ......

3-3-70. A 3-5-70 NOTICES Assignment 2-25-70 15 . CI70-796...... do. .do...... Contract 8-26-69 1 ». 47 ... Effective date: 3-3-70. A 3-5-70 CI70-533______A. C. Radford et a l... United Fuel Gas Co., Supplemental agree­ CI70-797--...... d o . Cumberland & Allegheny Contract 6-4-69 1 **. 48 ... (CI70-819) Poca District, Kanawha' ment 2-19-70.1 A 3-5-70 Gas Co., Buckhannon . C 3-9-70 1» County, W. Va. District, Upshur Coun­ CI70-542...... Occidental Petroleiim Panhandle Eastern Pipe Contract 11-12-69 >.... ty, W. Va. A 12-11-69 Corp.*0 Line Co., North Carter C170-798...... do. Cumberland & Allegheny Contract 5-23-69 184 49 Field, Beckham A 3-6-70 Gas Co., Washington County, Okla. District, Upshur CI70-664...... Marshall Exploration, Tennessee Gas Pipeline Contract 12-3-69___ County, W. Va. A 1-23-70 Inc. Co., a division of Ten- Letter 12-3-69...... CI70-799—...... -...... do. Cumberland & Allegheny Contract 9-10-68 1 84 60 neco Inc., Belle Bower Compliance 3-10-701 A 3-5-70 Gas Co., Skin Creek Field, De Soto Parish, District, Lewis County, La. W. Va. C170-668..-. J. M. Huber Corp. Cities Service Gas Co., Contract 8-28-45 22...... CI70-800..1...... do. Cumberland & Allegheny Contract 12-19-69 1 84 ' (C169-75) (successor to Amarillo Hugoton Field, Texas Letter agreement A 3-5-70 Gas Co., Washington F 1-20-70 Natural Gas Co.). County, Okla. 9-10-58. District, Upshur Letter agreement County, W. Va. 9-17-63. C170-801...... d o ...... do...'...... Contract 1-7-70 1 84 Assignment 1-5-68 23 _... A 3-5-70 Assignment 8-25-69 24__ CI70-802...... Barnett Oil Co. et al. Colorado Interstate Gas Contract 1-12-70 Effective date: 8-1-69__ A 3-6-70 Co., a division of C170-704.... Wood, McShane & El Paso Natural Gas Co., Contract 11-3-52 28...... Colorado Interstate (G-3113) Thams—Colorado Langlie Mattix Field, Letter agreement Corp., acreage in F 1-29-70 (successor to Humble Lea County, N. Mex. 8-2-54. Moore and Potter Oil & Reining Co.). Amendatory agreement Counties, Tex. 1-1-61. C170-805...... White Shield Oil & Gas Northern Natural Gas Contract 10-1-60 85__ Amendatory agreement (CI61-896) Corp. (successor to Co., Hansford Field, Assignment 4-15-69 38. 6-26-63. F 3-5-70 Cricket Oil Co. •Hansford County, Tex. Effective date: 1-1-69. Amendatory agreement (Operator) et al.). 1- 25-68. CI70-809-.______Union Drilling, Inc____ Cumberland & Allegheny Contract 11-27-68 184-— 58 Letter agreement A 3-6-70 Gas Co., Buckhannon 4-1-69. District, Upshur Coun­ Assignment 11-24-69 28.. ty, W. Va. Effective date: 11-24-69.. CI70-810...... do...... do...... i,...... Contract 11-21-68 184.... 64 CI70-754...... Pacific States Gas & Equitable Gas Co., Contract 12-1-69______A 3-6-70 A 2-20-70 Oil, Inc.27 Glenville District, Letter agreement C170-811...... do. Cumberland & Allegheny Contract 11-5-68 184...... 66 as amended Gilmer County, W. 2- 27-70.1 A 3-6-70 Gas Co., Washington 3-9-70 Va. District, Upshur Coun­ ty, W. Va; See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7447

Suggested agreement and undertaking: Docket No. FPC rate schedule to be accepted and Applicant Purchaser, field and • — B efore t h e F ederal P ower Co m m is sio n date filed location Description and date No. Supp. document (Name of Respondent:______) Docket N o._____ CI70-812...... G. M. Close et al.37; ...... Panhandle Eastern Pipe Contract 2-18-703...... 5 ... A 3-6-70 Line Co., acreage in AGREEMENT AND UNDERTAKING OF (NAME OF Woods County, Okla. RESPONDENT) TO COMPLY WITH REFUNDING C170-815...... Skelly Oil Co. (Opera- Tennessee Gas Pipeline Notice of cancellation 145 6 AND REPORTING PROVISIONS OF SECTION (G-17908) tor) et al. Co., a division of Ten- (Undated).3 30 B 3-6-70 neco Inc., Randon 154.102 OF THE COMMISSION’S REGULATIONS Field, Fort Bend UNDER THE NATURAL GAS ACT County, Tex. CI70-816-...... Skelly Oil C o ...... Cities Service Gas Co., Notice of cancellation 33142 2 (Name of Respondent) hereby agrees and (G-17855) Eureka Field, Grant (Undated).3 30 undertakes to comply with the refunding B 3-6-70 County, Okla. and reporting provisions of section 154.102 CI70-817 ...... Hays and Co., agent for Consolidated Gas Supply Contract 1-2-703...... 335 ... A 3-9-70 Ferrell L. Prior et al. Corp., Troy District, of the Commission’s regulations under the Gilmer County, W. Va. Natural Gas Act insofar as they are appli­ CI70-821___ \___ . . . Union Oil Co. of Tennessee Gas Pipeline Notice of cancellation 7 11 cable to the proceeding in Docket N o ._____ , (G-3711) 32 California. Co., a division of 3-6-70.»32 B 3-9-70 Tenneco Inc., South and has caused this agreement and under­ Tigre Lagoon Field, taking to be executed and sealed in its name Iberia Parish, La. by a duly authorized officer th is _____ day CI70-823...... Howard C. Adkins Consolidated Gas Supply Notice of cancellation 1 1 o f ------19__ (CI68-178) et al., d.b.a. Witten­ Corp., Clear Fork 3-5-70.«33 B 3-9-70 berg Gas Well No. 1. District, Wyoming (Name of Respondent) County, W. Va. B y ------—------CI70-824 Edison J. Parsons et al.. Consolidated Gas Supply Notice of cancellation 2 1 Attest: (C168-624) Corp., Ripley and 3-5-70.»33 B 3-9-70 Union Districts, Jackson and Mason [F.R. Doc. 70-5761; Filed, May 12, 1970; Counties, W. Va. 8:45 a.m.] CI70-828...... John W. James et al...... Kentucky-West Virginia Contract 3-2-70______1 . A 3-9-70 Gas Co., Johns Creek Field, Floyd County, Ky. [Docket Nos. CS70-38, etc.] -

* Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). BARNETT SERIO EXPLORATION CO. * Transfers property from V. R. Hufflnes et al. to applicant as result of public action by Acie Henigan, Sheriff of ET AL. Panola County, under authority of the 123d Judicial District Court of Panola County. 3 From McCulloch Oil Corp. to Ladd Petroleum Corp. 4 Deletes acreage released to landowner because acreage is no longer productive. Notice of Applications for “Small * Effective date: Date of this order. Producer” Certificates 1 3 Well plugged and abandoned on Dec. 28,1969, and acreage assigned to K. H. Siegfried, Inc., on Jan. 1, 1970. 7 Conveys acreage from Crescent Drilling Co., Inc., to applicant. 3 Accepts conditioned temporary certificate issued Mar. 4,1970. Applicant states willingness to accept permanent May 5, 1970. authorization conditioned to 15 cents per Mcf and subject to the ultimate disposition of the proceeding in Docket Take notice that each of the appli­ No. R-338. * By letter filed Mar. 16,1970, Applicant advised willingness to accept a permanent certificate conditioned to 15 cants listed herein has filed an applica­ cents per Mcf at 14.65 p.s.i.a. plus upward or downward B.t.u. adjustment. tion pursuant to section 7(c) of the •a Rate schedule redesignated and accepted by order issued Mar. 5, 1970, in Docket Nos. G-11647 et al. w Source of gas depleted. Natural Gas Act and § 157.40 of the regu­ 11 Certificate being issued at rate of 15 cents per Mcf including tax reimbursement. Applicant had proposed a rate lations thereunder for a “small producer” of 15 cents per Mcf plus 0.0562-cent tax reimbursement. Applicant was originally one of the et al. parties under the certificate of public convenience and predecessor’s filing. 32 Amendment to the certificate filed to include interest of co-owner, Texaco, Inc. necessity authorizing the sale for resale 121 Monsanto’s filing consists of an Interest Statement to their rate schedule. and delivery of natural gas in interstate 13 Transfers operations from Arapahoe Production Co. to Westhoma Oil Co. — 14 Transfers acreage from Woods Petroleum Corp. to Cities Service Oil Co. commerce from areas for which just and M From Omega Gas Co. to McCulloch Oil Corp. reasonable rates have been established, 10 Contract provides for rate of 19.5 cents per Mcf; however, applicant states willingness to accept permanent authorization at 17 cents per Mcf plus B.t.u. adjustment. all as more fully set forth is the applica­ 17 From Vaughn Petroleum, Inc. et al. to applicant; acreage previously covered by G. H. Vaughn, Jr. and Jack C. tions which are on file with the Commis­ Vaughn (Operators) et al., FPC GRS No. 10. sion and open to public inspection. «Conveys acreage from Austral Arkoma Co. to Leben, subject to a contract on file as Austral Oil Co., Inc., FPC •Vi.- No‘ 27; Leben previously ratified and amended such contract to include any acreage which it may acquire, Any person desiring to be heard or to within 5 years from the date of ratification, in the Arkoma Area. make any protest with reference to said “ Application erroneously assigned Docket No. CI70-819 will be treated as a petition to amend the order issuing a certificate in Docket No. CI70-533 and Docket No. CI70-819 will be canceled. applications should on or before May 20, 20 Contract provides for rate of 20 cents per Mcf plus B.t.u. adjustment; however, applicant states its willingness 1970, file with the Federal Power Com­ to accept a permanent certificate at 15 cents per Mcf plus B.t.u. adjustment and subject to the ultimate disposition of the proceedings in Docket No. R-338. mission, Washington, D.C. 20426 peti­ “ Accepts conditioned temporary certificate issued Mar. 4,1970. Applicant states willingness to accept a permanent tions to intervene or protests in accord­ certificate conditioned to 18.76 cents per Mcf plus B.t.u. adjustment. ance with the requirements of the Com­ 22 On file as Amarillo Natural Gas Co., FPC GRS No. 6. 33 Conveys interest from Skelly Oil Co. to Amarillo Natural Gas Co. mission^ rules of practice and procedure x onveys interest from Amarillo Natural Gas Co. to J. M. Huber Corp. (18 CFR 1.8 or 1.10). All protests filed 23 On file as Humble Oil & Refining Co. (Operator) et al., FPC GRS No. 31. with the Commission will be considered jj S?nyeys interest from Humble Oil & Refining Co. to Wood, McShane and Thams—Colorado. .. Contract provides for rates, at 62° F., of 27 cents per Mcf for gas produced from formations down to and including by it in determining the appropriate me ncnson and 28 cents per Mcf for gas produced from formations below the Benson; however, applicant has agreed action to be taken but will not serve to w^cept,a permanent certificate at the rate of 28 cents per Mcf at 60° F. for the deeper formations. " On file as Humble Oil & Refining Co. (Operator) et al., FPC GRS No. 337. make the protestants parties to the pro­ to Conveys acreage from Humble Oil & Refining Co. to Leben Drilling, Inc. ceeding. Persons wishing to become par­ ._ irh«, 1 Pr,°yides for an initial rate of 17 cents per Mcf plus B.t.u. adjustment; however, applicant is filing for » .v T ra*;e °* cents per Mcf plus B.t.u. adjustment. ties to a proceeding or to participate as ,, On file as H. H. Champlin et al., FPC GRS No. 1. a party in any hearing therein must file u n ? H-H- Champlin, et al., to Harold J. Reedy. Production of gas no longer economically feasible. petitions to intervene in accordance with Sale being rendered without prior Commission authorization. the Commission’s rules. » Currently on file as Cricket Oil Co. (Operator) et al., FPC GRS No. 2. Take further notice that, pursuant to „ p °m Transwestem Production Co. (successor to Cricket Oil Co.) to applicant. Provides for rate of 18 cents per Mcf; however, applicants agree to accept a permanent certificate con- the authority contained in and subject to tn Z r , 15 cents P ^ Mc.f Plus B.t.u. adjustment. By letter dated Mar. 20, 1970, applicants advised willingness the jurisdiction conferred upon the Fed­ ^awept a permanent certificate conditioned to the ultimate disposition of the proceeding in Docket No. R-338. eral Power Commission by sections 7 and to roh? H°;i4 P®"Mcf Is effective subject to refund fn Docket No. RI70-288, no revenues were collected subject FPC GRS No 142 ’the ^ proceedlng Pending in said docket will be terminated only with respect to applicant’s 1 This notice does not provide for consoli­ t safes covered under the certificate in Docket No. G-3711; therefore, the certificate in said docket will be dation for hearing of the several matters terminated only with respect to applicant’s FPC GRS No. 7. covered herein.

No. 93 FEDERAL REGISTER, VOL. 35, NO. 93— -WEDNESDAY, MAY 13, 1970 7448 NOTICES

15 of the Natural Gas Act and the Com­ 1970, file with the Federal Power Com­ ing, swimming, picnicking, and trailer mission’s rules of practice and procedure, mission, Washington, D.C. 20426, a pe­ parking; four sites administered by Idaho a hearing will be held without further tition to intervene or, a protest in accord­ Power Co.; (2) a boat launching site at notice before the Commission on all ap­ ance with the requirements of the Com­ the mouth of Burnt River; (3) a boat plications in which no petition to inter­ mission’s rules of practice and procedure launching site on the old Richland-Half­ vene is filed within the time required (18 CFR 1.8 or 1.10) and the regulations way highway where it intersects the herein if the Commission on its own re­ under the Natural Gas Act (18 CFR Powder River arm of the reservoir; (4) a view of the matter believes that a grant 157.10). All protests filed with the Com­ fishing dock 1 y2 miles above* the . dam on of the certificates is required by the pub­ mission will be considered by it in deter­ the Idaho shore; and (5) 68-acre Wood- lic convenience and necessity. Where a mining the appropriate action to be head Park, 2 miles above the dam on the petition for leave to intervene is timely taken but will not serve to make the Idaho shore with facilities for trailer filed, or where the Commission on its own Protestants parties to the proceeding. parking, overnight camping, picnicking, motion believes that a formal hearing is Any person wishing to become a party boat launching and docking; "two sites required, further notice of such hearing to a proceeding or to participate as a operated by the State of Oregon; (6) a will be duly given. party in any hearing therein must file highway rest area on alternate Oregon Under the procedure herein provided a petition to intervene in accordance Highway 30 about 10 miles south of for, unless‘otherwise advised, it will be with the Commission’s rules. Huntington with picnicking and boat unnecessary for Applicants to appear or Take further notice that, pursuant to launching facilities; and (7) Farewell be represented at the hearing. the authority contained in and subject Bend State Park located 3 miles south of to the jurisdiction conferred upon the Huntington with facilities for tenting, G ordon M. G rant, Secretary. Federal Power Commission by sections picnicking, boat launching, and swim­ 7 and 15 of the Natural Gas Act and ming; three sites administered by the the Commission’s rules of practice and Bureau of Land Management; (8) Steck Docket No. Date filed Name of applicant procedure, a hearing will be held without Park, located opposite the mouth of further notice before the Commission on Burnt River, with facilities for trailer CS70-38___ 4^14-70 Barnett Serio Exploration Co., this application if no petition to inter­ parking, camping, picnicking, and boat 331 Market St., Post Office . Box B, Natchez, Miss. 39120. vene is filed within the time required launching; (9) Beggs Park, located on CS70-39___ 4r- 6-70 Rutter and Co., Ltd., c/o A. W. herein, if the Commission on its own re­ Brownlee Creek 2 miles east of the reser­ Rutter, Jr., General Partner, 500 North Big Spring St., view of the matter finds that a grant of voir with facilities for camping, trailer Midland, Tex. 79701. the certificate is required by the public parking, and picnicking; and (10) a boat CS70-40___ 4- 6-70 A. W. Rutter, Jr. et al., 500 North Big Spring St., convenience and necessity. If a petition launching (and future park) site in Ore­ Midland, Tex. 79701. for leave to intervene is timely filed, or gon 1 mile below the mouth of Burnt if the Commission on its own motion be­ River. Oxbow Reservoir: (1) McCormick [F.R. Doc. 70-5855; Piled, May 12, 1970; lieves that a formal hearing is required, Park, located in Idaho 1 mile downstream 8:48 a.m.] further notice of such hearing will be of Brownlee Dam with facilities for duly given. trailer and other camping, picnicking Under the procedure herein provided and boat launching; (2) Carters Land­ [Docket No. CP70-258] for, unless otherwise advised, it will be ing, located in Oregon 4 miles down­ CITIES SERVICE GAS CO. unnecessary for applicant to appear or stream of Brownlee Dam with facilities be represented at the hearing. for camping, boat launching and dock­ Notice of Application ing; (3) an area in Oregon 5 miles down­ Gordon M. Grant, stream of Brownlee Dam with facilities May 6, 1970. Secretary. for camping, picnicking, and boat Take notice that on April 27, 1970, [P.R. Doc. 70-5854; Filed, May 12, 1970; launching; (4) a boat launching area in Cities Service Gas Co. (applicant), Post 8:48 a.m.] Oregon 9 miles downstream of Brownlee Office Box 25128, Oklahoma City, Okla. Dam; and (5) a bank fishing area in 73125, filed in Docket No. CP70-258 an Oregon between Oxbow Dam and power­ application pursuant to section 7(c) of [Project No. 1971] house—all provided by the company. the Natural Gas Act for a certificate of IDAHO POWER CO. Hells Canyon Reservoir: (1) Idaho Pow­ public convenience and necessity author­ er Co. Park, a 10-acre site located on izing the construction and operation of Notice of Application for Approval of the Idaho shore about 7 miles down­ certain natural gas facilities and the ex­ Exhibit R (Recreational Use Plan) stream of Oxbow Dam with facilities for change of volumes of natural gas, all as for Constructed Project trailer and other camping, picnicking more fully set forth in the application and boat launching; (2) a site on the which is on file with the Commission and May 5, 1970. Oregon shore one-half mile downstream open to public inspection. Public notice is hereby given that of Oxbow powerhouse with facilities for Applicant proposes to exchange up to application for approval of Exhibit R trailer and other camping, picnicking, 50,000 Mcf of natural gas per day with has been filed under the regulations and boat launching—both sites de­ Kansas-Nebraska Natural Gas Co., Inc.' under the Federal Power Act (16 U.S.C. veloped and maintained by the company; (Kansas-Nebraska) under an agreement 791a-825r) by Idaho Power Co. (corre­ (3) a trail rebuilt by the company along where applicant will deliver gas to Kan­ spondence to: James E. Bruce, Vice the Oregon shore of the reservoir with sas-Nebraska at the Hugoton Compres­ President, Idaho Power Co., Post Office five picnic sites—now maintained by the sor Station in Grant County, Kans., and Box 770, Boise, Idaho 83701) as part of Forest Service; and (4) a boat launch­ Kansas-Nebraska will redeliver gas to the license for constructed Project No. ing area immediately below Hells Canyon applicant at a point on applicant’s 26- 1971, known as the Hells Canyon Proj­ Dam maintained by the Forest Service. inch mainline near Haven, in Reno ect, located on the Snake River in Wash­ Any person desiring to be heard or to County, Kans. Applicant proposes to con­ ington and Adams Counties, Idaho, in make any protest with reference to said struct measuring, regulating, and ap­ the vicinity of Weiser and Payette, and application should on or before July 1, purtenant facilities near the Hugoton in Malheur, Baker, and Wallowa Coun­ 1970, file with the Federal Power Com­ Station, and a tap connection and ap­ ties, Oreg., in the vicinity of Baker, On­ mission, Washington, D.C. 20426, peti­ purtenant minor facilities near the tario, Huntington, and Richland. tions to intervene or protests in accord­ Haven exchange point. According to the Exhibit R, the fol­ ance with the requirements of the The total estimated cost of the pro­ lowing recreational facilities are associ­ Commission’s rules of practice and pro­ posed facilities is $170,000, which will be ated with the project: Brownlee Reser­ cedure (18 CFR 1.8 or 1.10). All protests financed by treasury cash. voir: (1) Hewitt Park, on the Powder filed with the Commission will be con­ Any person desiring to be heard or to River arm of the reservoir, administered sidered by it in determining the appro­ make any protest with reference to said by Baker County, Oreg., with facilities priate action to be taken but will not application should on or before May 25, for boat launching and docking, camp­ serve to make the protestants parties to

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7449 the proceeding. Persons wishing to be­ [Project No. 2570] [Docket No. G-3573 etc.] come parties to a proceeding or to par­ SOUTHERN PETROLEUM ticipate as a party in any hearing there­ OHIO POWER CO. in must file petitions to intervene in ac­ Notice of Application for License EXPLORATION, INC., ET AL. cordance with the Commission’s rules. May 5,1970. Notice of Applications for Certificates, The application is on file with the Com­ Abandonment of Service and Peti­ mission and available for public in­ Public notice is hereby given that on spection. July 31,1969, Ohio Power Company (cor­ tions To Amend Certificates; G ordon M. G rant, respondence to Mr. H. B. Cohn, vice pres­ Correction ident, Post Office Box 18, Bowling Green Secretary. May 4, 1970. Station, New York, N.Y. 10004), filed an [F.R. Doc. 70-5856; Filed, May 12, 1970; Southern Petroleum Exploration, Inc., 8:48 a.m.] application for license for unconstructed project No. 2570, known as the Racine and other applicants listed herein, project to be located on the Ohio River Docket No. G-3573 et al.; Reading and [Project No. 2207] at the Federal Racine Dam in the Bates, Inc., Dockets Nos. CI70-785, County of Meigs, Ohio, near Racine and CI70-786, CI70-787, and CI70-788. MOSINEE PAPER MILLS CO. Pomeroy; also near Ravenswood, Jack- In the notice of applications for cer­ son County, W. Va. A preliminary permit tificate, abandonment of service and Notice of Application for Amendment petitions to amend certificates, issued of Plans for Constructed Project was issued to applicant on December 27, 1966. March 23, 1970, and published in the May 6,1970. The Racine project would utilize a F ederal R egister April 1, 1970, 35 F.R. Public notice is hereby given that ap­ Government dam and would consist of 5418, column 1, Docket No. CI70-785 plication for amendment of plans has (1) an intake canal about 350 feet long and column 1, Dockets Nos. CI70-786, been filed under the regulations under and 110 feet wide; (2) a concrete power­ CI70-787, and CI70-788: Change Filing the Federal Power Act (16 U.S.C. 791a- house section about 200 feet long and 110 Code from “E” to “F”. 825r) by Mosinee Paper Mills Co., feet wide consisting of two parallel hori­ Mosinee, Wis. 54455, as part of the li­ zontal water passages enclosing two hori­ G ordon M. G rant, cense for constructed project No. 2207, zontal axis bulb-type Kaplan turbines Secretary. known as the Mosinee project, located each rated at 27,400 horsepower at a net [F.R. Doc. 70-5852; Filed, May 12, 1970; on the Wisconsin River in Marathon head of 19.5 feet connected with two di­ 8:48 a.m.] County, Wis., in the town of Mosinee rect coupled generators each rated at and near the city of Wausau. 22,200 kv.-a.; (3) a tailrace which will The Mosinee project spans three chan­ return the discharge to the river 450 feet [Docket No. G—2978 etc.] nels of the Wisconsin River, known as the downstream of the dam; (4) an outdoor- SUN OIL CO., ET AL. left, center and right channels. The type substation on the embankment ne ar Commission license for the project de­ the power station to step up generator Findings and Order After Statutory scribes the project works in the center voltage to 69 kv.; (5) a 3.5 mile double Hearing; Correction channel as consisting of a timber dam circuit 69-kv. transmission line; (6) rec­ consisting of a wood planked face, ap­ reational facilities proposed consist of April 23, 1970. proximately 97 feet long, supported by an overlook area with parking facilities Sun Oil Co. (DX Division) and other angled pole braces and abutted on each immediately upstream from the power applicants listed herein, Docket No. end by rock filled timber cribs—the total plant, comfort stations, picnic area, and G-2978 et al.; River Corp. (formerly structime length being approximately 148 a fishing pier to be located downstream Natural Gas and Oil Corp.), Docket No. feet with a height of 25 feet (crest ele­ from the dam; and (7) appurtenant vation 1145.3 U.S.G.S. datum). Accord­ facilities. CI66-1065. ing to the application, the structure just The power will be used to meet the in­ In the findings and order after statu­ described was destroyed and was re­ creased needs of the market already be­ tory hearing issuing certificates of placed (completion in 1969) by a con­ ing served by the applicant. public convenience and necessity, can­ crete covered rock filled crib dam approx­ The estimated cost of project No. 2570 celing docket number, amending orders imately 201 feet long and 12 feet high, according to the applicant will be $19,- issuing certificates, permitting and containing a spillway section 110 feet 875,000. Construction is estimated to re­ approving abandonment of service, long (crest elevation 1139.0 U.S.G.S. quire 24 months from the date of its terminating certificates, substituting re­ datum) and two abutment sections. commencement. Any person desiring to be heard or to Any person desiring to be heard or to spondent, making successors co-respond­ make any protest with reference to said make any protest with reference to said ents, redesignating proceedings, making application should on or before June 22, application, should on or before June 22, rate change effective, discharging surety 1970, file with the Federal Power Com­ 1970, file with the Federal Power Com­ bond, accepting agreements and under­ mission, Washington, D.C. 20426, peti­ mission, Washington, D.C. 20426, peti­ takings for filing, requiring filing of tions to intervene or protests in accord­ tions or protests in accordance with the agreements and undertakings, and ance with the requirements of the Com­ requirements of the Commission’s rules mission’s rules of practice and procedure of practice and procedure (18 CFR 1.8 accepting related rate schedules and (18 CFR 1.8 or 1.10). All protests filed or 1.10). All protests filed with the Com­ supplements for filing, issued Septem­ with the Commission will be considered mission will be considered by it in deter­ ber 17, 1969, and published in the by it in determining the appropriate ac­ mining the appropriate action to be F ederal R egister September 30, 1969, tion to be taken but will not- serve to taken but will not serve to make the 34 F.R. 15269, third column: Change make the protestants parties to the pro­ Protestants parties to the proceeding. purchaser and location to read “United ceeding. Persons wishing to become par­ Persons wishing to become parties to a ties to a proceeding or to participate as proceeding or to participate as a party Gas Pipe Line Co.’’ and “Elysian Field, a party in any hearing therein must file in any hearing therein must file petitions Harrison County, Tex.” in lieu of “Ten­ Petitions to intervene in accordance to intervene In accordance with the Com­ nessee Gas Pipeline Co., a Division of with the Commission’s rules. The appli­ mission’s rules. The application is on file Tenneco Inc.” and “Placedo Field, cation is on file with the Commission with the Commission and available for and available for public inspection. Victoria County, Tex.” in Docket No. public inspection. CI66-1065. Gordon M. G rant, G ordon M. G rant, Gordon M. G rant, Secretary. Secretary. Secretary. [F.R. Doc. 70-5857; Filed, May 12, 1970; [F.R. Doc. 70-5858; Filed, May 12, 1970; [F.R. Doc. 70-5853; Filed, May 12, 1970; 8:48 a.m.] 8:48 a.m.] 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7450 NOTICES [Docket No. RP70-33] spondence to: Mr. Lee S. Sherline, 1701 materials transmitted with the motion K Street NW., Washington, D.C. 20006) by the Presiding Examiner, show that TEXAS GAS TRANSMISSION CORP. for constructed Project No. 486, known Pan American’s Docket No. G-12483 Notice of Proposed Changes in Rates as the Logan Plant, located on Logan does not, as previously assumed, involve River in the vicinity of Logan, in Cache a common question of law or fact with and Charges County, Utah, and affecting lands of the the other consolidated dockets in the M ay 6, 1970. United States within the Cache National Webb proceeding. Take notice that Texas Gas Transmis­ Forest. The Commission finds: Pan Ameri­ sion Corp. (Texas G as), on May 4, 1970, According to the application, the con­ can’s motion for severance should be tendered for filing proposed changes in tinued operation of the project (which granted since Docket No. G-12483 does its FPC Gas Tariff, Second Revised Vol­ consists principally of a 12-foot high not involve questions requiring consid­ ume No. 1, to become effective on June 1, dam, a wooden flume, steel penstocks, eration in the consolidated proceeding in 1970. The proposed rate changes would and a powerhouse containing two gen­ Docket No. G-6887 et al. increase charges for jurisdictional sales erating units rated at 1,000 kw. each) is The Commisison orders: Pan Ameri­ by $3,100,776 annually, based on volumes not economically justified, and its dis­ can’s motion for severance filed for the 12-month period ended March 31, mantlement was. planned to begin in the March 25,1970, is granted and its Docket 1969, as adjusted. The proposed in­ spring of 1970 with completion by the No. G-12483 is severed from the con­ creases would be applicable to all of end of the year, and all project struc­ solidated proceeding in William G. Texas Gas’ sales rate schedules. tures and equipment located on National Webb et al., Docket No. G-6887 et al. Texas Gas states that the reason for Forest lands would be removed in ac­ By the Commission. the proposed rate increase is occasioned cordance with instructions of the U.S. Forest Service. The project energy is . [seal] G ordon M. G rant, solely by, and will compensate Texas Gas Secretary. only for an increase in its cost of pur­ used for public utility purposes. chased gas, resulting from the filing of Any person desiring to be heard or to [F.R. Doc. 70-5861; Filed, May 12, 1970; proposed increased rates by its supplier, make any protest with reference to said 8:49 a.m.] Texas Eastern Transmission Corp. on application should on or before June 22, April 16, 1970, in Docket No. RP70-29. 1970, file with the Federal Power Com­ If Texas Eastern’s proposed increased mission, Washington, D.C. 20426, peti­ rates are suspended Texas Gas proposes tions to intervene or protests in accord­ DEPARTMENT OF THE INTERIOR ance with the requirements of the Com­ that its rate changes become effective on Bureau of Land Management the same day as Texas Eastern’s, in lieu mission’s rules of practice and procedure (18 CFR 1.8 or 1.10). All protests filed of June 1, 1970. with the Commission will be considered ALASKA Copies of the filing were served on by it in determining the appropriate ac­ Texas Gas’ customers and interested Notice of Proposed Withdrawal and tion to be taken but will not serve to Reservation of Lands State commissions. make the protestants parties to the pro­ Any person desiring to be heard or to ceeding. Persons wishing to become par­ May 6,1970. make any protest with reference to said ties to a proceeding or to participate as The Department of the Air Force has application should on or before May 26, a party in any hearing therein must file filed an application, serial No. F-12616, 1970, file with the Federal Power Com­ petition to intervene in accordance with for withdrawal of the lands described mission, Washington, D.C. 20426, peti­ the Commission’s rules. The application herein from all forms of appropriation tions to intervene or protests in accord­ is on file with the Commission and avail­ under the public land laws, including the ance with the requirements of the able for public inspection. mining laws, mineral leasing laws, graz­ Commission’s rules of practice and pro­ ing laws, and disposal of materials under cedure (18 CFR 1.8 or 1.10) . All protests Gordon M. G rant, Secretary. the act of July 1, 1947, as amended. The filed with the Commission will be con­ Air Force desires the land for use as a sidered by it in determining the appro­ [F.R. Doc. 70-5860; Filed, May 12, 1970; 8:48 a.m.] protective watershed area in support of priate action to be taken but will not the Kotzebue Air Force Station. A new serve to make protestants parties to the proceeding. Persons wishing to become high-quality water supply has been lo­ [Docket No. G-6887 etc.] cated on this land and there is a need parties to a proceeding or to participate to protect the area from pollution. as a party in any hearing therein must WILLIAM G. WEBB ET AL. file petitions to intervene in accordance For a period of 30 days from the date with the Commission’s rules. The appli­ Order Granting Motion for Severance of publication of this notice, all persons cation is on file with the Commission and who wish to submit comments, sugges­ May 6, 1970. tions, or objections in connection with available for public inspection. Presiding Examiner Arthur H. Fri­ the proposed withdrawal may present G ordon M. G rant, bourg on April 17, 1970, transmitted to their views in writing to the undersigned Secretary. the Commission the motion of Pan officer of the Bureau of Land Manage­ [F.R. Doc. 70-5859; Filed, May 12, 1970; American Petroleum Corp. (Pan Amer­ ment, 555 Cordova Street, Anchorage, 8:48 a.m.] ican) for severance of its Docket No. Alaska 99501. G-12483 from the matters consolidated The Department’s regulation, 43 CFR for hearing and decision in William G. 2311.1-3(0, provides that the authorized [Project No. 486] Webb, et at., Docket No. G-6887 et al. officer of the Bureau of Land Manage­ UTAH POWER & LIGHT CO. By order issued February 2, 1970, the ment will undertake such investigations Commission had consolidated Pan Amer­ as are necessary to determine the exist­ Notice of Application for Withdrawal ican’s Docket No. G-12483 with 24 other ing and potential demand for the lands of Application for Renewal of Li­ pending producer applications for head­ and their resources. He will also Under­ cense and for Surrender of License ing and decision in the Webb proceed­ take negotiations with the applicant for Constructed Project ing because Pan American’s transfer of agency with the view of adjusting the properties to El Paso Natural Gas Co. application to reduce the area to the May 5, 1970. seemed to raise in Pan American’s minimum essential to meet the appli­ Public notice is hereby given that ap­ docket questions of law and fact which cant’s needs, to provide for the maximum plication for withdrawal of application were common to the issues theretofore concurrent utilization of the lands for for renewal of license and for surrender consolidated for decision in the Webb purposes other than the applicant’s, to of license has been filed under the Fed­ proceeding (§ 1.20(b) of the Commis­ eliminate lands needed for purposes more eral Power Act (16 U.S.C. 791a^825r) and sion’s rules of practice and procedure). essential than the applicant's, and to the Commission’s regulations thereunder However, the motion for severance reach agreement on the concurrent man­ by Utah Power & Light Co. (corre­ filed by Pan American, together with the agement of the lands and their resources.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7451

The authorized officer will also prepare lands described shall remain open to all Sec. 13, SE]4NE^4NE]4, w y2, and Wy2 a report for consideration by the Secre­ other forms 6f appropriation including SEy4;. Sec. 14, SWy4NEy4, NWÎ4, N1/2SW14, and tary of the Interior who will determine the mining and mineral leasing laws; SWV4SWÎ4; whether the lands will be withdrawn as and exchanges under section 8 of the Secs. 15 and 16; requested by the applicant agency. Taylor Grazing Act of June 28, 1934 (48 Sec. 19, lots 5, 6, 7, 8, and 9, tract 40, and The determination of the Secretary on Stat. 1272; 43 U.S.C. 315g). As used Ni/2Ny2, sy2NW%, and NW^SW^; the application will be published in the herein “public lands” means any lands Sec. 20, lots 1, 2, 3, 4, and 5, Ny2Ny2, and SW14NE14; Federal R egister. A separate notice will withdrawn or reserved under Executive be sent to each interested party of Order No. 6910 of November 26, 1934 as Sec. 21, lots 1, 2, 3, and 4, Ny4Ny4; amended, or within a grazing district Sec. 22, lots 1, 2, 3, 4, and 5, W&NE14, record. and Nwy4 ; If circumstances warrant, a public established pursuant to the Act of Sec. 23, NE 14NEJ4 ; June 28, 1934 (48 Stat. 1269) as Sec. 24, N-y2NWy4 . hearing will be held at a convenient amended, which are not otherwise with­ time and place, which will be announced. T. 10 S., R. 95 W., drawn or reserved for Federal use or Sec. 16,SWy4SE]4; The lands involved in the application purpose. Sec. 26, Ey2SW ]4; are: The public lands proposed for classifi­ Sec. 31, SEy4SE^4; Kotzebue, Alaska cation are shown oil maps on file in the Sec. 83, SE14NEÎ4 and NEÎ4 SE14; Beginning at corner No. 6 of U.S. Survey Grand Junction District Office, Bureau Sec. 34, sy2Ny2 and Sy2; No. 2082, the Friends Mission Reserve; thence of Land Management, Federal Building, Sec. 35, Wy^. S. 10°30' W., a distance of 16,800 feet to the T. 8 S., R. 96 W., Fourth and Rood, Grand Junction, Colo., Sec. 7, lot 7; northwest corner of Tract No. 1 of Public and the Colorado Land Office, Bureau of Land Order No. 883 as corrected by Public Sec. 8, SW%NEÎ4, SW ^NW ^, NW&SE^, Land Order No. 2107; thence on the boundary Land Management, Federal Building, and Ey2SEi4; line of said Public Land Order N. 53° 30' E., 19th and Stout Streets, Denver, Colo. Sec. 17, NWy4, NW%SW]4, and Sy2SWy4; 3,800 feet to the northeast corner thereof; 80202. Sec. 18, lots 3 and 4, SE%NE%, SE^NW]4, E y2 SWJS4, SW % SE %, and E y2 SE^; thence S. 36°30' E., 2,680 feet to the true S ixth P rincipal Meridian, Colo. point of beginning of this tract; thence leav­ Secs. 19 and 20; ing said boundary line N. 53° 30' E., 1,320 T. 9.S., B. 94 W., Sec. 28; feet; thence S. 36°30' E., 2,640 feet; thence Sec. 2,Wi/2SW1/4; sec. 29, w y2NEy4 and wy2; S. 53”30' W., 1,320 feet to a point on the Sec. 3, SE14SE14; Secs. 30 and 31; boundary line of said public land order, said Sec. 4, lots 1, 2, 3, and 4, S14N14, NE}4 Sec. 32, Sy2SWy4 and SE%; point being the northeast corner of Public SW14, sy-SW ^, and SE»4; Sec. 33. Land Order No. 2619; thence on said bound­ Sec. 5, lots 1, 2, 3, and 4, S14N14, SW T. 9 S., R. 96 W., ary line, N. 36°30' W., 2,640 feet to the point and SE^SE(4; Sec. 19, lot 9; of beginning. Sec. 6, lots 1, 2, 4, 5, and 6, sy2NEi,4, Sec. 27, Ny2Ny2, SW14, and NW]4SE^; and SE]4 ; Sec. 28; Containing approximately 80 acres, lo­ Sec. 7, Ei/2 ; Sec. 29, Ny2NWy4, Sy2SW ^, and SE]4; cated about 3 miles south of Kotzebue. Sec. 8 , N i/2, E i/2 SW &, and SE %; Sec. 30, lots 3, 4, 9, 10, and 12, and E%; Sec. 9; Sec. 31, lots 3, 4, 7, and 8, NEy4, and Ny2 Burton W. Silcock, Sec ,10, Ey2NEi4, SW ^NE^, Sy2NW^, and SE]4; State Director. - SW]4; Sec. 32; Sec. 11, w y2NW]4; Sec. 33, lots 1 and 2, NWy4, and Ny2SW(4; [F.R. Doc. 70-5867; Filed, May 12, 1970; Sec. 15, NW]4; Sec. 34, lots 2 and 3, NE^SW ^, and NW>/4 8:49 a.m.] Sec. 16, Ey>NE% and Ny2NW%; SE%. Sec. 17, NE14 andNy2SE%; T. 10 S., R. 96 W., Sec. 18, NE 14 NE 14 and W%NE%; Sec. 3, lots 2 and 3, Si^NWyi, SW%, and [C—9504] Sec. 21, SW%SW%; sy2SEy4; COLORADO .Sec. 22;Ei4SE%; Sec. 4, lots 3 and 4, and SWy4NWy4; Sec. 23, sy 2sy 2; Sec. 5, lots 1, 2, 3, and 4, Sy2Ny2, Ny2sy2, Notice of Proposed Classification of Sec. 24, Si/2SE%; sy2swy4, and SW14SE14; Public Lands for Multiple-Use Sec. 25,Ny2NEi4; Sec. 6, lots 1 and 2, Sy2NE^, SE^NW ^, Sec. 26, W ^W 1^; NEÎ4SEÎ4; Management Sec. 27, Ey2Ey2, SW&NE14, Wy2w y2, and Sec. 8, SEy4NE%, and SEJ4; 1. Pursuant to the Act of Septem­ SE%SW%; Sec. 9, NE^, sy2NWî4, SW]4, and Ny2 Sec. 28, NW%NW(4, Si/2Ni/2 *and sy 2; se ]4; ber 19, 1964 (43 U.S.C. 1411-18), and to Sec. 29, NE]4, Ny2SEi4, and SE^SE^; Sec. 10, Ey2, Ey2wy2, wy2Nwy4, and NW]4 the regulations in 43 CFR Parts 2410 and Sec. 30, lot 4, SE14SW14, and SW^SE^; SW1,4; 2411, it is proposed to classify for multi­ Sec. 31, lots 1, 3, and 4, Ey2, and E^wyj; Sec. 11, NW14SW14, and sy2sy2; ple use management the public lands de­ Sec. 32, Wy2W]4; Sec. 12, NE^NE^, SW ^NE^, SW&SW^, scribed below. Publication of this notice Sec. 33, Ny2Ni£, Sy2NEi4, and Ey2SE^; and NW]4SE(4; has the effect of segregating all the de­ Sec. 34, Ny2, Ny2sy2, SW]4 SW%, and SE% Sec. 14, NW^NE%', and Ny2NWy4; scribed public lands from appropriation SEi/4; Sec. 15, Ny2NE%; sec. 3 5 , SW14NE14, Nwy4Nwy4, sy2Nwy4, Sec. 16, NW%NWy4; under the agricultural land laws (43 Ny2swy4, SE%SWy4, and NW14'SE1.4; Sec. 18, lot 1, NW]4NEy4, and NE^NWyi; U.S.C., Parts 7 and 9; 25 U.S.C. sec. 334), Sec. 36,Ey2swy4. Sec. 21, Si/aSE^; the Small Tract Act of June 1, 1938, as T. 10 S., B. 94 W., Sec. 22, SW%SW%; amended <43 U.S.C. 682 (a) and (b)); Sec. 2,SW%NE%; Sec. 23, NE14SE14; from sale under the Public Land Sale Sec. 5, lots 1, 2, 3, and 4, Sy2Ny2, N ^ S ^ , Sec. 24, wy2SWy4; Act of Sept. 19,1964 (43 U.S.C. 1421-27); sy2swy4, and swy4SEy4; Sec. 25, NW%NWy4, Ey2SW and NWy4 townsites under Revised Statutes 2478, Sec. 6 , lots 1, 2, 3, and 6, S]4NE%, SE]4 SE%; 2380-2389, as amended, 2391-2394, secs. Nwy4, Ey2swy4, and SE14; sec. 27, SW14NE14, wy2wy2; SE14NW14, Sec. 8, W%NEy4 and NE14NW14; E % SW 14, and NW % SE % ; 1» 3, 4, 19 Stat. 392 as amended, sec. 16, Sec. 9, w y 2sw y 4; Sec. 28, NE14 and Ey2SE]4; 26 Stat. 1101, 26 Stat. 502, 32 Stat. 820; Sec. 15, SEy4SW%, NEy4SE%, and Sy2SEi4; Sec. 29, SEy4SE%; 43 U.S.C. 1201, 711-731; and State in­ Sec. 16, NW14 NW%; Sec. 32, NEy4NE]4, and Ny2SE%; demnity selections under sections 2275 Sec. 17,NE%NE%; Sec. 33, Ny2NEy4, SE^NE^, Wy2Wy2, and and 2276 of the Revised Statutes, as Sec. 19, lots 3 and 4; NE^SW%; amended Aug. 27,1958 and Sept. 14,1960 Sec. 20, Ny2SWy4 and SW14SW14. Sec. 34, SE%NEy4, Wy2NEy4, and NW>/4; (43 U.S.C. 851, 852) . Except as provided T. 8 S., R. 95 W., Sec. 35, NW]4- m paragraph 3, these lands are also seg­ Sec. 36, SWy4 (Tract 49). T. 11 S., R. 96 W., T. 9 S., R. 95 W., Sec. 2, lots 17, 18, 19, 20, 21, and 23 to 36, regated from sale under sec. 2455 of the Sec. 1, lots 1 and 2, Sy2NE^, Ei/2SWy4, inclusive; Revised Statutes (43 U.S.C. 1171) and the andSEy4; Sec. 3, lots 17 and 19 to 36, inclusive; Act of Sept. 26, 1968 (43 U.S.C. 1431- Sec. 11, NWy4NW*/4, Sy2NWi4,and sw ]4; Sec. 4, lots 26,29, and 30; 1435 (Supp. TV, 1968)). Except as pro­ sec. 12, NE14, ‘Ey2wy4, swy4Nw%, w y2 Sec. 6, lots 19,20, and 21; vided in paragraphs 1, 2, 3, and 4, the SW>/4, and NEy4SEi4; Sec. 9, w y2sw ]4, and SE&SW^.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7452 NOTICES

T. 7 S., R. 97 W., Sec. 28, sy2NEÎ4, NWÎ4. and Sy2 ; Sec. 26; Sec. 17, lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Sec. 29; Sec. 36, wy2wy2, SEy4NWy4, E ^ sw y4 , and west 33.21 chains of tract 111, east 3.70 Sec. 30, lot Hr, swy4SEy4. chains of tract 103, and S%SE%; Sec. 31, SE1/4NE14; T. 8 S., R. 98 Sec. 19, lots 5 to 14, inclusive, wy£NEy4, and Sec. 32, NE14, N&NWÎ4, SWyiSWft. and Secs. 1,2,3,4, and 5; Ey2NW%; NE%SE%; Sec. 6, lots 1, 2, 3, 6 , 6, and 7, SEy4NEy4, Sec. 20, lots 1, 2, and 3, Ey2, Eyfcwyi, and Sec. 33, NWÎ4NEÎ4, NE^NW ^, and SEy4 Swy4 , and NEy4 SEy4 ; SW%SW&; w y 2; Sec. 7, lots 1, 2, 3, and 4, Eyawy£, sy£NEy4 , Sec. 29; Sec. 34,Ny2NEy4; andSEy4; Sec. 30, lots 5, 6, 7, 8, 9, and 10, and E y2 Seer. 35, Nwy4NEy4, NWy4l and SE^SE^4; sec. 8, .Ey2NEy4, swy4NEy4, SEy4Nwy4, SE&; Sec. 36, Ny2NWy4, SE%NW%, SWi4SW^, and sy2 ; Sec. 31, lots 5, 6, 7, 8, 9, and 10, NE&, and and Ey£SEy4. Sec. 9, NEy4NEy4, w y2, and SEy4; Ni/2SEi4; T. 10 S., R. 97 W., sec. 10, Ny2Ny2, sEy4 NEy4 , Nwy4 sw i4 , Sec. 32, lots 1, 2, and 3, tract 58, and NWÎ4 Sec. 1, lots 1, 2, 3, and 4, Sy2NW%, and and sy2sy2; SWÎ4;; sy2; Sec. 11, NMt and sy^Syfc; Sec. 33, lots 1, 2, 4, 5, and 6, NE%, SE% Sec. 2, lots 1 and 2, Sy^Nyfc, and Sy^; sec. 12, Ny2, Nwy4swy4, and sy2sw y4 ; NW%, and Ny2SEy4. Sec. 4, lots 3 and 4; Secs. 13 to 17, inclusive; T. 8 S., R. 97 W., Sec. 5, lots 3 and 4, and S y2 ; Sec. 18, lot 4, Ey2, and Ey2wy4 ; Sec. 3, lots 1, 2, 3, and 4, S»4Ny2, N%Sy£, Sec. 6, lots 3, 4, 5, and 6, SEy4NWy4, and Secs. 19 to 36, inclusive. SE&SW14, and Sy2SE^; NEy4SW%; T. 9 S„ R. 98 W., Sec. 4, lots 1, 2, and 3, Sy2NE%, SE^NW ^, Sec. 7, sy£NEy4 and SEy4; Secs. 1 to 18, inclusive; Ni/2SEy4, and SW%SW%; Sec. 8, N14 and Swy4; Sec. 19, lots 1 and 2, Ey2, and E%NWy4; Sec. 5, lots 2,3, and 4, SW&NE14, sy2NWy4, Sec. 9, Ni/2NEy4, SWy4NEy4, and SEÎ4 Secs. 20 to 24, inclusive; andSy2; NWy4; Sec. 25, Ny2, Siwy4, and NWy4SEy4; Sec. 6, lots 1, 2, and 7, Sy2NEy4, Ny2SEy4, Sec. 10, NEÎ4, Ey2NWy4, and NWy4NWy4; Secs. 26, 27, and 28; andSE^SE%; Sec. 11, Ni/2, swy4swy4. and Ny2SEy4* Sec. 29, Ni/2, Ny2sy2, SEy4SWy4, and sy2 Sec. 7, lots 1 and 2, and SEy4NWy4; Sec,1 12, Wy2NEy4, SE&NE^, NWy4, NE% SEy4; Sec. 8; SWÎ4, andNy2SEi4; Sec. 30, lots 2,3, and4, Sy2NEy4, SEy4NWy4, Sec. 9, wy2NW}4 and syfc; sec. 13, Ny2NEy4, NEy4Nwy4. SEy4swy4. E y2 SW y4 , and W y2S E y4 ; Sec. 10, Ei/2,Ey2w y2,and W^SW^.; andSy2SEy4; Sec. 31; Sec. 13, SW%SE%; Sec. 14, NE%NWy4; Sec. 32, Ni/2NEy4, SWy4NWy4, and Sy2; Secs. 15.and 16; Sec. 15, SE14NE 1,4 , NWy4, and Nwy4SWy4; Secs. 33,34, and 35; Sec. 17, Ni/2NWy4, SE^NE^, NE^NW ^, Sec. 16, Ei/2, Ei/2w y2, SWy4NWy4, and W>/2 Sec. 36, wy2, wy2Ey2, SEy4NEy4, and andNE^SE%; SWÎ4; Ei/2SEy4 . Sec. 18, lots 1, 2, 3, and 4, E%wy£, and sec. 17, Nwy4NEy4, Ny2Nwy4, and sw y4 T. 10 S., R. 98 W., SW y4SE&; Nwy4; Sec. 1, lots 1, 2, 3, and 4, Sy2Ny2, Ny2Sy2, Sec. 19, lots 1, 2, 3, and 4, SE&NE&, W& Sec. 18, NE1/4, SEi/4SWy4, Ny2SEy4, and and SEy4 SEy4 ; Ei/2,Ey2Wy2,and Ey2SEy4; Swy4SEy4 except patent 1137986; Sec. 2, lots 1, 2 , 3, and 4, sy2Ny2, Ny2Sy2, Sec. 20, NE%NWy4, Sy2NWy4, and SWy4; Sec. 19, lots 1, 2, 3, and 4, wy£NEy4, SE% and S W y4 SE y4 ; Sec. 21, NE% and Ey2NWy4; NE 14, Ey2wy2, and SE%; Sec. 3, lots 1, 2, 3, and 4, Sy2Ny£, Ny2Sy2, Sec. 22, Ny2, Ny2Sy2, SE^SW^i, and Sy2 Sec. 20, Ey2, Ey2wy2, SW^NW^, and and Sy2SWy4; 'SE%; wy2swy4; Secs. 4 to 9, inclusive; sec. 23, wy2w y2; Sec. 21; Sec. 10, wy2 and Sy2SEy4; Sec. 24, Ey2NW%, NE^SW ^, and SE%; Sec. 22, NW14NW14, sy2NWy4, and SWy4; Sec. 11, Ey2 and Sy2SWy4; Sec. 25,Ny2NE%; Sec. 23, SE*4NEy4, SE14NW14, Ei/2SWy4, sec. 12, Ny2Ny2, swy4 NEy4 , sy2Nwy4, Ny2 Sec. 26, Ey2Ey2 and SW%SE%; and Ei/2SEy4 ; sy2, swy4 swy4 , andsy2SEy4 ; Sec. 27, NW14 NE % and NE^NW^; Sec. 24, wy2NEi4, Ey2Nwy4, swy4Nwy4, Sec. 13, NE 14 and N14SE14; Sec. 29,NW%; and Nwy4SWy4; Secs. 14 to 21, inclusive; Sec. 30, lots 1, 2, 3, and 4, NEy4, and Ey2 sec. 26, Ny2Nwy4 , swy4Nwy4, sy2swy4, Sec. 22, wy2NEy4, wy2, and SWy4SEy4; w y2; and SEy4 ; Sec. 23, NEy4NWy4, Ey2SEy4, and SW% Sec. 31; Sec. 27, E14 and Sy2SWy4; SE14; Sec. 32, Ni/2NW‘/4 and SW ^SW ^; Sec. 28, w y2NWy4 and Nwy4 sw>4; Sec. 24, sy2Ny4 and Sy2; Sec. 35, Ey2 , SE14NWÎ4 , and SWy4; Secs. 29, 30, 31, and 32; Sec. 25; sec. 36, Nwy4Nwy4, sy2Ny2, and sy2. Sec. 33,Sy2Sy2; Sec. 26, Ey2; T. 9 S., R. 97 W., Secs. 34 and 35; Sec. 27,Ey2NWy4; Secs. 1 and 2; Sec. 36, WyoWi/2 and Ey2SWy4. Sec. 28,Wy2NWy4; Sec. 3, lot 1 and SE%NE%; T. 11 S„ R. 97 W., Secs. 29, 30, 31, and 32; Sec. 5, SW ^SW ^; Sec. 1, lots 17 to 25, inclusive, 28 , 29, and Sec. 33, NWy4 and Ny2SWy4; Sec. 6; 32; Sec. 35, lots 1, 2, 3, and 4, NEy4, Sy2NW^. Sec. 7, lots 1, 2, and 3, Ny2NE^, SW%NE%, Sec. 2, lots 17 to 32, inclusive; andEy2SWy4; Ey2NW%, NEy4SWy4> NWÎ4SEÎ4, and Sec. 3, lots 1 to 16, inclusive, 19 and 20; See. 36. SE%SE%; Sec. 4, lots 1 to 13, inclusive; T. 11 S.,R. 98 W., Sec. 8, NW%NW^4; Sec. 5, lots 1 to 16, inclusive; Sec. 1, lots 4 through 20, inclusive, and Secs. 11 and 12; Sec. 6 ; sw y4 ; Sec. 13, Ny2, Ny2sw y4, SE^SW ^, and Sec. 7, lots 1, 2, 3, and 4, NEy4, Ey2Wy2, Sec. 2, lot 10, SEy4SWy4, NWy4SEy4, and SE% except patent 573701; Ny2 SE %, and SW y4 SE % ; sy2SEy4 ; Sec. 14, Ni/2, Ni/2sy2, sy2SWi/4, and SWy4 Sec. 9, SW14NW14 and NW^SW^; Sec. 4, lots 1 through 6, inclusive, and 9 SE%; Sec. 18, lots 1, 2 , 3, and 4, wy2Ey2, Ey2wy2, through 12, inclusive; Sec. 15, Sy2N E ^, NWy4 SWy4, Ny2SEi4, and and SE14SE14; Sec. 5, lots 1 through 11, inclusive, 13, 14, SE%SE%; Sec. 19, lots 1 and 2, Ny^NE^. and Ey£ 15, and 16; Sec. 16, sy2NW}4 and SWy4; NWy4. Sec. 6, lots 1 through 8, inclusive, 10, 11, Sec. 17, Sy2NE%, Ey2SWy4, andSEi4; T. 7 S., R. 98 W., 12, 14, 15, and 16, NEy4SWy4, and NWy4 Sec. 18, lots 2, 3, and 4, SEy4NWy4. and Sec. 4, lot 4, Sy2NWy4, Ny2SWy4, and SE14; Ey2SW%; ' swy4swy4; Sec. 11, lots 4, 5, 6, 7, 8 , and 9, NEy4NWy4- Sec. 19, lots 1, 2, and 3; sec. 9 , NEy4, wy2Nwy4, SEy4Nwy4, w y2 E y2 NE y i, NE Î4 SE y4 ; Sec. 20, Ey2NE}4, NW’^N E^, w y2, and swy4,NEy4Swy4,andNwy4SEy4;. Sec. 12; SW%SE%; Sec. 10,Ei/2NEy4 ; Sec. 13, all lying north of Rapid Creek Sec.21,Ey2NE% andNWy4; sec. 11, NEy4 NEy4 , wy2Ey2, Ey2w y2, wy2 Divide; Sec. 22, w y2 and SW ^SE^; NWy4 , NWy4 SWy4 , and SEy4 SEy4 ; Sec. 14, all lying north of Rapid Creek Sec. 23, NW%NE%, Sy2NE^4, NWy4, Ny2 Sec. 14, Ey2NEy4 and NEy4SEy4; Divide; sy2, SE14SW14, and sy2SEy4; sec. is, swy4 NEy4 , Nwy4Nwy4, sy2Nwy4, Sec. 24, those portions lying north of Rapid Sec. 24, NW%NE% except patent 573701, swy4 , and Wy2SEy4 ; Creek Divide. Ey2NWy4, SWÎ4NW%, N^SW%, and sec. 16, Ey£NEy4 , swy4 NEy4 , SEy4 Nv;y4 , T. 7 S„ R. 99 W., SWy4SWy4; and Sy2; Sec. 13, lots 1 and 2, wy2NEy4, Ey2NW^, Sec. 25.NW&NW14. Sy2NW%, and Sy2\ Sec. 17, NWy4NWy4, sy2swy4, and SEy4; Nwy4 Nwy4 , and sy2swy4 ; Sec. 26, Ei/2Ey2, Sy2NWy4, SW%, and Wy2 Sec. 18, lots 1 and 2, NEy4, and Ey4NWy4; Sec. 14, SWy4NEy4, wy2, and SEy4; SE%; Sec. 23, wy2NWy4, SEy4NWy4, and Sy2; Secs. 15, 22, 23, and 24; Sec. 27, NWy4NE%, SyfcNEy4, Ny2NW%, Sec. 24, Ny2NEy4 and SEy4NEy4; Sec. 25, lot 1, Ny2, Ny2sy2, SEy4SWy4. and SE%NW^4, NE^SW ^, andSE%; sec. 25, wy2sw y4 ; sy2SEy4 ;

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7453

Sec. 26, lots 1, 2, 3, 4, 5, 6, and 7, E^NE^, T. 7 S., R. 100 W., Ute P kincipal Meridian, Colo. NW14NE14, NE14NW14, and NE%SE%; Sec. 7, lots 5, 6, 7, and 8; Sec. 27, lots 1, 2, 3, 4, 5, 6, 7, 8 , 9, 10, 11, Sec. 8, lots 1 through 6, Ey,NEy4 and NEy4 T. 1 N., R. 1 E„ 12,andSE^SW%; sw y4; Secs. 1 and 2; Sec. 28, lots 4, 5, and 6 , Sy2SWy4, SW% sec. 17, NEy4NEy4, Nwy4Nwy4, sy2Ny2, Sec. 3, lot 1, sy2NEy4, and SEyi; SE y4 , and NE14SE14; and S%; Sec. 10, Ni/2NEy4, SEy4NE^, and NEy4 Sec. 29, lot 1, Ni/2Ni/2, and sy2SE%; Sec. 18, lots 5, 6, 7, and 8, NE^NE^, Wy2 SE14; Sec. 30, lots 5, 6, 7, 8 , 9, and 12, and N% Ey2, Ey2wy2, and E%SE}4; Sec. 11,12, and 13; NE%; Sec. 19; sec. 14, NEy4, Ny£Nwy4, SEy4Nwy4, NEy4 Sec. 31, lots 5, 6, 7, 8, 9, 10, 11, 12, and 13, Sec. 22, lots 1, 2, 3, 4, 6, lots A, D, and east sw y4 , and Ny2SEy4 ; e y2 NE14, SWNWy4 and S»4; Purposes Act of June 14, 1926, as NE&. Sec. 29, lots 1 through 5, Ny2Nwy4, SE^ amended (43 U.S.C. 869; 869-1 to 869-4). T. 8 S„ R. 99 W., SWy4,andSEy4; Sec. 1, lots 5, 6, 7, 8 , 9, and 10, SW&NW^, Sec. 30, lots 5 through 10, NE}4, Ey2wy2, Sixth P rincipal Meridian, Colo. and SW and swy4SEy4; T. 7 S., R’s. 97 W. thru 101 W. Sec. 2, lots 5 through 12, inclusive, S% Sec. 35, lots 1 through 4, NEy4, SEy4NWy4, T. 8 S., R. 97 W., NE14, Sy2SWV4, and SE%; andNy2sy2; Secs. 3 thru 10. Secs. 7 and 8 ; Sec. 36. T. 8 S., R. 98 W., Sec. 9, lots 1 and 2, Ny2, Ny2sy2, SWJ4 T. 8 S., R. 100 W., Secs. 1 thru 12. swy4, and SE14SE14; Sec. 4, lots 1 through 4, Sy2NEy4, SE}4 Secs. 10,11, and 12; Nwy4 , NE14SW14, sy2sy2, and Ny2SEy4 ; The public lands described aggregate Sec. 13, lots 1, 2, 3, 4, 5, 6, and 7, and S% Sec. 7, lot 1, Ey2NEi4, NWy4NEy4, NEy4 approximately 33,193 acres. SWi,4; Nwy4, and NE%SEy4 ; 3. As provided in paragraph 1, the Sec. 14, lots 1, 2, 3, 4, 5, 6, 7, and 8, Sec. 8; public lands in the following townships NW^4; Sec. 9, Ni/2Ny2 and Sy2Sy2; shall remain open to disposition under Sec. 15, lots 1, 2, 3, 4, 5, and 6, N ^NE^, Sec. 10, NEy4, N1/2NW14, sy2SW ^, and SW14NE14, NWy4, Ny2 SWy4, and NW'/4 SW14SE14; section 2455 of the Revised Statutes (43 SE14; Sec. 11, Ny2, SEy4SWV4, and sy2SEy4; U. S.C. 1171) and the Act of September 26, Sec. 16, lots 1 through 10, inclusive, Ey> Sec. 12, lots 1, 2, 3, NW& and Ny2SWy4; 1968 (43 U.S.C. 1431-1435 (Supp. IV, NE14, wy£NWy4, and NW14SW&; Sec. 14, SE y4 NE y4, wy2Ei/2, w y2, and NEy4 1968)). Sec. 17, lots 1 through 8 , inclusive, NEy4, SEy4;- Sixth P rincipal Meridian, Colo. Ni/2NWy4, and NE % SE % ; Sec. 15, Ei/2, N14, Ny2swy4, and SE^SWyi; Sec. 18, lots 5 through 18, inclusive, 20 Sec. 16, NE14, NE1/4NWV4, and NE % SE y4; T. 7 S., R’s. 97 thru 101 W. through 24, Ey2SW%, and Sy2SE%; Sec. 22, Ni/2NEi4 and SEy4NEy4; T. 8 S., R. 97 W., Sec. 19; Sec. 23, Si4Ny2 and S%; Secs. 3 thru 10. Sec. 20, lots 1, 2, 3, 4, 5, and 6, w y2w y2, Sec. 24, lots 2, 3, 4, and Wy2; T. 8 S„ R. 98 W., Ey2sw y4 , wy2 SE14; Secs. 25 and 26; Secs. 1 thru 12. Sec. 21, lots 1 through 7, inclusive, and Sec. 27, Ey2NEy4 and SE|4; NEJ4SE%; Sec. 32, lot 4; The public lands described aggregate Sec. 22, lots 1 through 8 , inclusive, Ny^Sy^; Sec. 33, lots 1,2, 3, and 4; approximately 33,193 acres. Sec. 23, lots 1 through 5, inclusive, NE%, Sec. 34, lots 1, 2, 3, and 4, NEy4, NE^SW ^, 4. As provided in paragraph 1, the Sy2NW%, Ny2sy2, arid SE 14SEy4; and Ny2SEy4; following public lands are further seg­ Secs. 24 and 25; Secs. 35 and 36. Sec. 26, lots 1 through 6, inclusive, NEy4 regated from location and entry under NE14, S y2 NE %, S y2 SW y4, and SE%; T. 9 S., R. 100 W., Sec. 1; the general mining laws (30 U.S.C. ch. Sec. 27, lots 1, 2, 3, and 4, and S%; 2) and the Materials Act of July 31,1947, Sec. 28, lots 1 through 5, inclusive, SE14 Sec. 2, lots 1 through 4, Sy2Ny2, Ny2Sy2, NW'/4, and S%; and Sy2SEy4; as amended. Sec. 3, lots 3, 4, Sy2Ny2, NWy4SW»4, and Sec. 29, lots 1 and 2 , Wy2 , wy2Ey2, and Sixth P rincipal Meridian, Colorado Ei/2SEi/4; NE V4 SE 14; Secs. 30,31, 32, 33,34, 35, and 36. Sec. 4, lots 1, 2, 3, 4, Sy2Ny2, Ey2SWy4, and T. 8 S„ R. 96 W., T. 9S..R. 99 W., SEy4; Sec. 7, lots 1 and 7; Secs. 1 to 23, inclusive; Sec. 9, E ^,E y2Wi4; Sec. 8, sw y4 Nwy4 ; Sec. 24, Ny2NEi,4 , SW y4 NE , w y 2, and sec. 10, sy2NEi4, sw^Nwy4, Nwl<4swy4, Sec. 18, lot 3, SEy4NWy4 and NEy4SWy4. NW%SEi4 ; and SE%; T. 8 S„ R. 97 W., Sec. 25, wy2, and SE ^ ; Secs. 11,12, and 13; Sec. 13, SWylSEy4; Secs. 26, 27, 28, 29, and 30; Sec. 14, Ny2, SWi4, and SWy4SE%; Sec. 23, swy4swy4; Sec. 31, lot 4, E%, and SE%NW%; Sec. 15; Sec. 24, Ey2NWy4 and NEy4SEy4. Secs. 32,33, 34, 35, and 36. Sec. 16, NE14, Ey2NWi/4l and Ey2SE^; T. 8 S., R. 100 W., T. 10 S., R. 99 W„ sec. 21, NE y4 NE y4; Sec. 34, lot 4 and NE 14 SE l/4. Secs. 1 to 5, inclusive; Sec. 22,Ny2N%; T. 9 S., R. 100 W., Sec. 6, lots 1 to 5, inclusive, Sy^NE^, SE14 sec. 23, SE}4 NEy4 , wy2Ey2, Nwy4, Ey2 Sec. 3, lots 1 and 2. NW %, E i/2 SW y4, and SE ]/4; SW14, and Ey2SEi4; Sec. 7, Ny2NEy4 arid SE14NE14; Secs. 24 and 25; The public lands described above ag­ Sec. 8, Ny2 and Ey2SEi4; Sec. 26, Ny2NEy4, SEi/4NEy4, and SEy4 gregate approximately 531 acres. Secs. 9 through 14; SE14; For a period of sixty (60) days from Sec. 15, lots 1 through 6 , inclusive; Sec. 35, Ei/2NEy4; Sec. 16, lots 1 and 2; Sec. 36, W y2 NE y4, NW %, and E % SE y4. the day of publication in the F ederal Sec. 17, lot 1; T. 10 S., R. 100 W., R egister, all persons who wish to submit Sec. 22, lots 1 through 4, inclusive; Sec. l,NE%NEy4. comments, suggestions, or objections in Secs. 23, 24, 25, and 26; T. 7 S., R. 101 W., Sec. 27, lots 1 through 4 , inclusive; connection with the proposed classifica­ Sec. 25; tion may present their views in writing Sec. 34, lots 1 through 4 , inclusive; Sec. 26, E ^E ^; Secs. 35 and 36. to the Grand Junction District Manager, T. 11 S., R. 99 W., Sec. 36, lots 2, 3, 4, Ny2, NE^SWy4, and N% Sec. 1, lots 6 to 11, inclusive, and unsur- SEy4. Bureau of Land Management, Federal veyed portion of fractional Sec. 1, and T. 8 S„ R. 101 W., Building, Fourth and Rood, Grand Junc­ Sec. 2, unsurveyed fractional portion. Sec. 1, lot 1. tion, Colo. 81501.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7454 NOTICES

A public hearing on this proposed T. 10 S„ R. 99 W., Sec. 15, lots 1 through 11, and NW&NW^, classification will be held at 7:30 p.m. Sec. 6, lots 6 and 7; and SW14SE14; Sec. 7, lots 1, 2, 3, and 4, SW^NE%, Sec. 16, lots 1 through 9, Ny^Ny^, SWy4 on June 4, 1970, in Room 206A, Court­ NE14NW14, Ei/2SW%, and Ny2SEy4; NE y4, and S y2 N W 14; house Annex, Grand Junction, Colo. Sec. 18, lot 2. Secs. 17,18,19, and 20; J. Elliott Hall, T. 11 S., R. 99 W., Sec. 21, lots 1 and 2, Ey2, Sy£NWy4, and Acting State Director. Sec. 1, lots 5, 12 through 16, and Sy2\ swy4; Sec. 2, lots 2 through 7 and NE%SE}4. Sec. 22, lot 1, NWy4NEy4, S1/2NE14, NW14, May 7, 1970. T. 8 S., R. 100 W., w y 2SW i4, SEy4SWy4, and SWy4SEy4; Sec. 7, lots 2, 3, and 4, SW&NE^, sec. 23, lot 1, NE14, Ey2Nwy4, sw y4Nwy4, [F.R. Doc. v 70-5827; Filed, May 12, 1970; SE14NW14, E«/2SW>/4, W1/2SE%, and SEy4 SWy4 , NE14SE14, and Sy2SEi4; 8:46 a.m.] SE14SE14; Sec. 26, wy2Ei/2, Ei/2wy2, Wy2NWy4, and Sec. 15,SWy4SWy4; Nwy4swy4; Sec.- 16, W^NWyi, SE14NW1/4, SW ^, Sec. 27, NWy4NEy4 and wy2; [C—9504] W i/2 SE %, SE % SE %; Secs. 28 and 29; COLORADO Secs. 17 through 21; See. 30, lots 5 through 10, and E%NEy4; Sec. 22, SW1/4 NE1/4 , w y 2, and SE&; Secs. 31 through 35; Notice of Proposed Classification of Sec. 27, W!/2NE% and wy2; Sec. 36, lot 1 and NW&SWyi. Public Lands for Multiple-Use Secs. 28 through 31; T. 8 S., R. 101 W., Management Sec. 32, lots 1, 2, and 3, Ny£, and NyfcSy^; Sec. 1, lots 2, 3, and 4, sy 2Ny2, and Sy2; Sec. 33, Ni/2 and Ny2sy2; Secs. 2 through 26; 1. Pursuant to the Act of Septem­ Sec. 34, NW'/4, ISTW^SW^. Sec. 27, Ey2, E%wy2, and w y2NWy4; ber 19, 1964 (43 (U.S.C. 1411-18), and T. 9 S., R. 100 W., Sec. 28, Ny2, Ny2sy2, and Sy2SWy4; to the regulations in 43 CFR Parts 2410 Sec. 4,w y2SW%; Sec. 29, Ei/2Ey2, NWy4NEy4 , NE14NW14, and 2411, it is proposed to classify for Sec. 5, lots 1 through 4, Sy2Ny2, NW&SW^, Swy4NWy4, SWy4, and SWy4SE%; andsy2sy2; Sec. 30, lots 1, 2, 3, and 4, SWyiNE^, EV, multiple-use management the public Sec. 6; Wy2,andSEy4; lands described below. Publication of this Sec. 7, lots 1, 3 through 10, NE%SWi4, and Secs. 31 through 36. notice has the effect of segregating all SE%SE%; T. 9 S., R. 101 W., the described public lands from appro­ Sec. 8; Secs. 1 through 11; priation under the agricultural land laws Sec. 9,W%W%; Sec. 12, Ny2 an d N ^ S 1^; (43 U.S.C., Parts 7 and 9, 25 U.S.C. sec. Sec. 16, wy2NW}4, SW14, and W^SE%; Sec. 13, S^Ni^ and Sy2; 334), the Small Tract Act of June 1, Sec. 17; Secs. 14 through 18; Sec. 18, lots 2, 3, and 4, E ^N E ^, SW^ Secs. 22 through 27; 1938 as amended (43 U,S.C. 682 (a) and NE14, SE%NWi4, Ey2SWi/4 , and SE%; Secs. 34 through 36. (b ); from sale under section 2455 of the Sec. 19; T. 10 S., R. 101 W., Revised Statutes (43 U.S.C. 1171); town- Sec. 20, Wy2NEi4, wy2, and NW%SE%; . Secs. 1, 2, and 3; sites under Revised Statutes 2478, 2380- Sec. 21 , SE14NE14, w y2NE%, NW14, Ei/2 Sec. 10, lots 1 and 2; 2389, as amended, 2391-2394, sections 1, SW14, SW14SW14, and SE14; Sec. ll,E ^ ,E y 2wy2, and wy^Nwyi; 3, 4, 19 Stat. 392 as amended, section 16, Sec. 22, Sy2Ny2 and s y 2; Secs. 12 and 13; 26 Stat. 1101, 26 Stat. 502, 32 Stat. 820; Sec. 23, w y2SW%; Sec. 14, lots 1, 2, and 3. 43 U.S.C. 1201, 711-731; and state indem­ Sec. 26, SW14NE14, E%W&, w y2NWi/4, T. 5 S., R. 102 W., SW%SW14, Ny2SE 1,4 , and SW^SE%; Sec. 1, lots 5, 6, and 7; nity selections under sections 2275 and Secs. 27 and 28; Sec. 2, lots 5,6, 7, and 8; 2276 of the Revised Statutes, as amended Sec. 29, W^NWy4 and SWy4; Sec. 3, lot 5; August 27, 1958, and September 14, Secs. 30 through 34; Sec. 4, lots 5, 6, 7, and 8; 1960 (43 U.S.C. 851, 852). Except as pro­ Sec. 35, NWy4NEy4, wy2, Sy2SEi,4, and Sec. 5, lots 5, 6, 7, and 8; vided in paragraph 2, the lands area also n e 14 se 14; Sec. 6, lots 8 through 11; segregated from sale under the Public Sec. 36, wy2SW}4 and wy2SE%. Sec. 7, lots 5, 6, and 7, NW&NEyi, and Land Sale Act of September 19, 1964 T. 10 S., R. 100 W., NE%NWy4; (43 U.S.C. 1421-27). In addition, they are Sec. 1, NW^NEi/i, wy2, Sy2SE^, and Sec. 8, lot 1 and S^SEy^ segregated from disposal under the Rec­ NW ^SE^; Sec. 9, swy4swy4; reation and Public Purposes Act of Secs. 2 through 18. sec. 10, wy2Nwy4 , Nwy4swy4, SEyiswyi, T. 5 S., R. 101 W., NEy4SEy4, and sy2SEy4; June 14, 1926 as amended (43 U.S.C. Sec. 3, lots 5 and 6; sec. 11, Ey2,NEy4swy4, and sy2swy4; 869; 869-1 to 869.4 except as described Sec. 5, lots 6 and 7; Sec. 12, NW%NEy4 and wy2; in paragraph 3. Except as provided in Sec. 7, lots 7, 8, and 9, Sy&NE^, SE^NW ^, Sec. 13, NEy4NEy4 andNWy4; paragraphs 1, 2, 3, and 4, the lands de­ NE^SW ^, and SE%; Sec. 14, Nwy4NEy4, Ey2Nwy4, sEy4Swy4, scribed shall remain open to all other Sec. 8; and wy2SEy4; forms of appropriation including the Sec. 9, wy2NE^ and wy2; Sec. 15, "Wy2; Sec. 10, NE14, Ey2NWy4, SW14, and Ny2 Sec. 16, Ni/2NEy4 and SEyi; mining and mineral leasing laws; and sec. 17, Nwy4Nwy4, SEy4sw'y4, and sy2 exchanges under section 8 of the Taylor SE 14; Sec. 15, SEyiNE^, NE%NW}4; wyfcW^, SEy4; Grazing Act of June 28, 1934 (48 Stat. SEy4SWy4, and SE}4; Sec. 18, lots 9, 10, 11, 12, Ey2NEy4, El/2 1272; 43 U.S.C. 315g). As used herein Secs. 16 and 17; SWy4,andSEy4; Secs. 19 and 20; “public lands” means any lands with­ Sec. 18, lots 5, 8, 9,.and 12, Ey2 , SE&NW1^, drawn or reserved under Executive Order andE^SW ^; Sec. 21, lots 1, 2, w y 2, and Ny^SEy4; No. 6910 of November 26,1934 as amend­ Sec. 19, Ey2 and Ey2w y2; sec. 22, Nwy4 sw y4 and sy2sy2r ed, or within a grazing district estab­ Secs. 20, 21,22, 27,28, and 29; Sec. 23, SEy4NWy4; Sec. 30, lots 5 through 15, NE}4, and NE^4 sec. 25, sw y4 Nwy4 , Nwy4 swy4 , Ey2swy4. lished pursuant to the Act of June 28, and E y2 SE y4; 1934 (48 Stat. 1269) as amended, which Nwy4; Sec. 31, lots 5 through 14; sec. 26, NWy4 Nwy4 , sy2Nwy4, Ny£SEy4, are not otherwise withdrawn or reserved Secs. 32, 33, and 34. and swy4SEy4; for Federal use or purpose. Sec. 27, lots 1 through 8, Ny2Ny,, SEy4NEy4. T. 6 S., R. 101 W., sy2SEy4, andNEy4SEy4; The public lands proposed for classifi­ Secs. 17 through 21,28 through 35. cation are shown on maps on file in the Sec. 28, lots 1 through 11, NWy4, and NWy4 Grand Junction District Office, Bureau T. 7 S., R. 101 W., swy4; Sec. 2, lots 5, 6, 7, and 8 , SE%NE^4, SW& Sec. 29, lots 1 through 8, Ny£Ny£, SE’/i of Land Management, Federal Building, Nwy4, Nwy4 sw y4, sy2sy2, and NE14 NEy4, SWy4NWy4, and NEy4SEy4; Fourth and Rood, Grand Junction, Colo., SEy4; Sec. 30, lots 5 through 12, NEy4, Ni/2NWy4. the Craig District, White River Resource Sec. 3; SEy4Nwy4, NEy4swy4, and Ny2SEy4; Area Headquarters, Meeker, Colo., and Sec. 4, lots 5 and 6, Sy£NEy4, and SEy4; Sec. 31, lots 5 through 19, and SEy4NWy4: the Colorado Land Office, Bureau of Land Sec. 5, lots 7 and 8, sy2Nwy4, and SWyi; Sec. 32, lots 1 through 10, Sy2NEy4, NEy4 Management, Federal Building, Nine­ Secs. 6, 7,8, and 9; swy4, and Ny^SEy4; Sec. 10, lots 1 through 7, Ny2N&, SW% teenth and Stouts Streets, Denver, Colo. NWy4, and w y2SW%; Sec. 33, lots 1 through 6, NEy4NEy4, Sy4 80202. Sec. 11; Ny2,andNy2Sy2; T. 11 S., R. 98 W., Sec. 14, lots 1 through 5, Ey2 , Ny£NWy4, Sec. 34, lots 1 and 2, Ny£, NWy4SWy4. and Sec. 6, lots 13,17, and 18. and SE^SW%; Ny2SEy4;

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7455 Sec. 35, lots 1, 2, and 3, W ^NW ^, and Sec. 32, lots 1 through 4, 7 through 17, Sec. 5, lots 1, 2, 3, and 4, S y N E y , SE^ Nwy4sw y4; 20,21, 24, 25, 27, 28, 29, and 31; NWy4,andSya; Sec. 36, lots 1, 2, 4, E yN E y, NW y, N y Sec. 33, lots 1 through 4, 6, 7, 9, 13, w y Sec. 6 , lots 1, 2, 6 , and 7, SWy4NEy4, and SWy, and NEy SEy. NEy, EyNwy, swyNwy, Nyswy, ssy4swy4; T. 6 S., R. 102 W., and NwySEy; Sec. 7, lots 1 and 4, E%, and Ey2w y 2; Secs. 1 and 2; Sec. 34, lots 1, 2, 3, 4, 5, 13, 14, 16, 19, and Secs. 8 and 9; Sec. 3, lots 5 through 16; 21 andNEy4NEy4; sec. 10, Ny2Ny2, swy4NEy4, sy2Nwy4, wya Sec. 4, lots 5 through 13; Sec. 35, lots 1, 4, 12, 13, 15, and NEySEy; SW y4, and SE y4 SE y4; Sec. 5, lots 5 through 16; Sec. 36. sec. 11, n e y4n e y4, sy2NEy, wy2Nwy4 , Secs. 6, 7, and 8; T. 9 S., R. 102 W., and S y2; Sec. 9, S E yN E y, w y N E y , w y , and Sec. 1, lots 1 through 4, S y N E y , SEy Secs. 12,13, and 14; SEy; Nwy4, andSy2; Sec. 15, NE14 and Ny2SEy4; Sec. 10, Ey, EyNWy, and sw ysw y; sec. 2, lot 4 , s w y N w y , n ysw y , swy4 Secs. 16,17, and 18; Secs. 11,12, and 13; SW y , and E y2 SE y ; Sec. 19, lots 1, 3, and 4, Ey2, and E%wya; Sec. 14, EY2, E y w y , and N W yNW y; Sec. 3, lot 1, SEy4NEy4, Ey2SEy4, and Secs. 20 through 36. Sec. 15, NEy4NEy4, Wy2Ei/2, wy2, and SEy swy4SEy4; T. 7 S„ R. 103 W„ SEy4; Sec. 4, lots 1 through 4, SyaNy2, and SWy4; Secs. 1 and 2; Secs. 16 through 22; Sec. 5, lots 1, 2, sy2NEy4, and sy2; Sec. 3, lots 1, 2, 3, and 4, s y N E y , SEy4 sec. 23, E y , E y w y , s w y s w y ; Sec. 6, lots 2 through 7, S w y N E y , SEy SWy, and SE 14; Secs. 24 through 27; N w y , E y s w y , and SEy; Sec. 4, lots 1, 2, 3, and 4, S ^ N y , WySWy4, Sec. 28, E y , N y N W y , and s y s w y ; Secs. 7 and 8; NEySWy, and NWySEy; sec. 29, swyNEy, SEyNwy, wy2Nwy4, Sec. 9, wy2wy2, S E y s w y , and sy 2SEy4; Secs. 5, 6, 7, and 8 ; and sy2; Sec. 10, N y N E y , S E y N w y , and Sy2; Sec. 9, w y N W y and S y ; Secs. 30 through 33; Sec. 11, E yN E y, and S w y s w y ; sec. 10, Ey, Eywy, swyNwy, and Sec. 34, Ny2, S w y , and wy2SEy4; Sec. 12, E y , E y w y , and W yNW y; w y s w y ; Sec. 35, Ni/2Ny2, SW yNW y, Sy2SWy4, and Sec. 13; Secs. 11 through 36. SEy; Sec. 14, lot 1; T. 8 S.,R. 103 W„ Sec. 36, Ey, Ey2w y2, NW yNW y, and Sec. 15, lot 2; Secs. 1 through 12; wy2swy4. Secs. 16,17, and 18. Sec. 13, lots 1, 3, 4, 5 through 17, 20, 21, 23, T. 7 S., R. 102 W., 24, 25, 26, 27, 28, 29, 30, 31, 32, and 35; Secs. 1, 2,3,4, and 5; T. 5 S., R. 103 W., Sec. 1; Secs. 14 through 18; Sec. 6, lots 8 through 14, SEy4NEy4, SEy Sec. 2, lots 1 through 4, S y N y , N y s y , Sec. 19, lots 5, 9,10, 11,13, and 14; SWy, SWySEy, and EySEy; Secs. 20 through 23; Secs. 7 and 8; and S w y s w y ; Secs. 3 and 4; Sec. 24, lots 1, 2, 3, 4, 5, 6, 7, 8 , 10, 12, 14, Sec. 9, lots 1 through 14, 16 through 19, 21 Sec. 5, lots 1, 2, 3, S y N E y , S E y N w y , E y 16, 17, 18, 19, 20, 23, 26, 27, 28, 29, 30, and 22, NyNwy, swyNwy, Nwy S w y, and SEy; 31, 32, 34,35, 36, 37, and 38; SWy, and E yS E y; Secs. 25 through 29; Secs. 10 through 15; Sec. 6, lots 2 through 7, S y N E y , SE y NW y , E i/2 SW14, and W SEy4; Sec. 30, lots 8 , 9 ,1 2 ,13,14, and 15; Sec. 16, lots 1, 2, 5, 6, 8 through 15, 17, ya Sec. 31, lots 9 and 16; 18, 19, 21, 22, and 23, E y N E y , SW y Sec. 7, lots 1 through 4, W y E y , and E y Secs. 32 through 36. SE y , and NE y SE y ; wya; T. 9 S„ R. 103 W., Secs. 17,18,19, 20, and 21; sec. 8, NEy, swy4Nwy4, wy2swy4, SEy4 swy4, and E yS E y; Sec. 1; Sec. 22, lots 1 through 11, 13, 15, 17, 19, Sec. 9, w y N E y , wy2 and SEy; Sec. 2, lots 1, 4, 5, and 9, S E y N E y , E y 22, 24, and 26, EyNEy and SwyNEy; S E y , and E y s w y s E y ; Sec. 23 lots 1, 4, E y , E y w y , and w y Sec. 10, NyaNya, s y s w y , and E yS E y; Sec. 3, lots 1, 2, 3, and 4, SE yN E y, N y NWy4; Sec. 11, S E y N w y and SWy4; , swyNEy, Ny SEyNEy, sw yN w y, Secs. 24 through 28; Sec. 12, lots 1 through 6; Sec. 13, E y s w y and SEy4; and Nwyswy; Sec. 29, lots 11 through 16, 21* 23, 25, 28, Sec. 14, wy2 and SEy; Sec. 4, lots 1, 2, 3, and 4, SyNy, Nysy, and 30, Ny2NWy4, SW yNW y, and SEy4 syswy, swysEy, and w y s E y s E y ; SEy; Sec. 15, S w y N E y , w y , and SEy4; Sec. 16; Sec. 5; Sec. 30; 6 6 S yN E y, SEy sec. 17, N E y N E y , w y w y , SEy4sw y 4, Sec. , lots 1, 2, 5, , and 7, Sec. 31, lots 5 through 9, 11, 13 through Nwy, Eyswy, and SEy; 18, 21, 25, 28, and 31, N E y N W y , SEy and SWySEy; Sec. 7, E yN E y, N W yNEy, and N yN E y SEy; Sec. 18, lots 1, 2, and 3, N E y , E y w y , Wya SEy, NEySEy; N W y; Sec. 32, lots 1, 4, and 6, E y , S E y N w y , sec. 8, NyNy, swyNEy, syNwy, NEy and s w y ; Sec. 19, lot 4, Wy2NEy4, E y w y , and Sy2 SEy; Nwyswy, and NwyNEyswy; Secs. 33, 34, and 35; Sec. 9 ,N y N W y ; Sec. 36, lot 1, W y E y and w y . sec. 20, S E y N E y , w y2NEy4, w y2sw y4, Sec. 11, E yN E y and NW yNEy; T. 8 S., R. 102 W., SE y SW *4, and E % SE y ; Sec. 12, N y ; Secs. 1 through 5; Sec. 21, NEy4, E yN W y, SEy4SWy4, and N E ySE y; Sec. 19, lots 4 and 6, SEyswy, and Sec. 6, lots 8, 10 through 18, 22 through 26, Sec. 22, Ni/a, E y s w y , and SEy4; s w y s E y ; 28,31,32,34 through 51; sec. 29, swyNwy, swy, swysEy, Secs. 7 through 11; Sec. 23, N y , Nyasy2, and SEy4SEy4; swysEysEy; Sec. 12, Ni/2, S E y s w y , s y S E y , and NEy4 Sec. 24, Ei/2, Ey2wya, SW yNW y, and wy2sw y4 ; Secs. 30 and 31; SEy4; Sec. 32, NW yNEy NEy, S y N E y NEy; Sec. 13, lots 1 and 2, E%, E yN W y, S w y Sec. 25, wy2, wy2SEy4, and SEy4SEy4; Sec. 26, Ey2NEy4, SW ^NEy, Ny2Sy2, SE14 SEyNEy, wyEywy, and EysEy; Nwy4, N y s w y , and SEy4SWy4; SWy4,andSy2SEy4; Sec. 33, W ySW yN W y, w y s w y , and Sec. 14, lots 1 through 4, SE yN E y, W y , w y S E y s w y . and NEy4SEy4; Sec. 27, Ei/a, Ey2NWy4, and SEy4SWy4; T. 10 S., Ri 103 w ., see. 28, 4 4 4 Secs. 15 through 20; wy2NEy , wy2swy , S E ysw y , Sec. 3, lots 3, 5, and 6 , SW yNW y, and Sec. 21, lots 1, 2, 3, 5, 7, 9, 10, 14, 15, and SEy4; s w y ; 16, 17, 18, 22, 23, 24, 27, 28, 30, and Sec. 29, SW ^NEy, wy2, and SEy4; Sec. 4. Ey2SEy4. Sec. 30, lots 1, 2, and 3, NEy4, Ey£NWy4, NEy4SWy, and Ni/2SEy4; T. 5 S„ R. 104 W., Sec. 22, lots 1, 3, 5, 8, 9, 11, 13, 22, N y N y , Sec. 1, lots 1, 2, 3, and 4, SyNEy, N ySEy, andSy2NWy4; Sec. 31,syaSEy4; Sec. 32, Ny2NEy4, SEy4NEy4, and Sy^Sy; s y s y ; Sec. 23, lots 3, 4, 6, 14, 15, 17, N EyN W y, Sec. 2, 3, 10, and 11; Wy2Nwy4, andNWy4SWy4; Sec. 33; Sec. 34, NEy4NEy4, wy2E y , wy4, and Sec. 12, Ei/aEy, NWyNEy, NEyNWy, Secs. 24 and 25; w y w y ; Sec. 26, lots 1, 15, 16, 17, 19, 29, and Ey2SEi4; Nwy4swy4; Sec. 35, NEy4, SW^SWyi, Ni/2SEy4, and Sec. 13, w y ; SEy4SEy4; Secs. 14,15, 22, and 23; Sec. 27, lot 5; Sec. 24, NyNWy, S yN y, and sy ; Sec 28, lots 1 through 4, 6 through 9, 12, Sec. 36, wy2E y and wy$. T. 6 S., R. 103 W., Sec. 25, N y , N y s y , and s y s w y ; sw y 6-’ 17, NE1/4NE&’ wl/zEya, and Eya sec. 26, EyEy, NwyNEy, swyNwy, Sec. 1, lots 1, 2, and 3, Sy4NEy4, SEy4NWy4, S E y s w y , and w y S E y ; 8?S; 29J lots 1 through 14, 17 through 25, a n d sy ; Sec. 27, lot 2; 27,29, and 30; Sec. 2, lot 4, Swy4NEy4, sy2NWy4, and Sec. 30; Secs. 34 and 35; SW%; Sec. 36, NyNWy, SWyNWy, and N w y ®ec- 31, lots 5 through 35; Secs. 3 and 4; s w y .

No. 93------7 FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7456 NOTICES

T. 6 S., R. 104 W., Secs. 15 through 20; Sec. 16, NE4 , E4NE4NW4, SE4 NW4 , Sec. 1, lots 1, 2, 3, and 4, Sy2Ny2, Sec. 21, Ny2, NW14SW14, SW14SE14, and and NE 4 SE 4; SE4 SW4 . and S4 SE4 ; e y2 se 14 ; sec. 22, Ey2Ey2, Ey2wy2NE4 , E4 NW4 sec. 2, sy2sy2; Secs. 22, 23, 24, 25, 26 and 27; SE 4 , and NE 4 SW 4 SE 4 ; Sec. 3, lots 3 and 4, Sy2NW4, SW 4; Sec. 28, Ey2Ey2, s w 4 NE 14, SW 14 SW 14, Secs. 23 and 24; Sec. 4, lots 1, 2, 3, and 4, S 4 N 4 , N ï^ S4, N W 4SE4; Sec. 25, N4 , Ny2sy2, and Sy2S E 4 ; and Sy2SWy4; Sec. 29, and 30; Sec. 26rN E4, E>/2NW 4, and NW4 NW4 ; ' Sec. 5, lots 1, 2, 3, and 4, S 4 N 4 , N 4 S 4 , Sec. 31, lots 5, 7, 10, 11, 13, 14, 15, 16, 17 Sec. 36, NE4 and E4 NW4 . and S y2 SE 4 ; and 18, NE 14 and Ei/2NW>4; T. 2 N„ R. 3 W., Sec. 6, lots 7 through 11, and 13 through Sec. 32; Secs. 1, 2, and 3; 2 0 ; Sec. 33, lots 1, 2, 3, 4, SW4 NE4 , and Ny2 Sec. 4, NE 4 NE 4 40.97 acres, NW4 NE4 Sec. 7, lots 1, 2, 3, and 4, N E4, Ey2wy2, sy2; 41.11 acres, NE4 NW4 41.25 acres, E4 and NW14 SE 14; Sec. 34, lots 1,3, 4, NW4 SW4 , and Ny2; NW 4NW 4 20.69 acres, Sy2NE4, Ey2 Sec. 8 , NE4 NE4 , NW4NW4, S4 N4 , and Secs. 35 and 36. SW4NW4. SE4NW4, NE4NW4SW4, sy2; T. 10 S., R. 104 W., NE4SW4, N4SE4, and Ny2SE4 SE4; Sec. 9, Sy2 NE4 , wy2, and Ny2SE4; Secs. 2 and 3; Sec. 29, N E4SE 4N E4; Sec. 10, Ey2, and Ey2wy2; Sec. 4, lots 5, 6, 7, and 8, Sy2Ny2, NE*4SW 14, Sec. 30, NW 4SW 4 39.42 acres, SW 4 SW 4 Sec. 11; S y2 SW ‘4, and SE 14 ; 39.44 acres, Ey2SW 4, and S y2 SE 4; Sec. 12, SWy4NE 14, and Sy2Nwy4, and Sy2; Sec. 5; Sec. 31; Secs. 13,14, and 15; Sec. 6 , lots 8 , 9, 10, 11, 12, and 13, Sy2NE4, Sec. 32, w y2. Sec. 16, Ey2Ey2, NW14, Ny2SW 4, and SE 14 N W14, E y2 NE 4 SW 4, Ey2Wy2NEÎ4 w y2 se 4 ; SW14, SE14SW14, and SE 14; The public lands described above ag­ Sec.17; Secs. 7 through 11; gregate approximately 407,052 acres. Sec. 18, lots 1, 2, and 3, E 4N E 4, NE>4 Secs. 15 through 19; 2. As provided in paragraph 1, the NWy4; Sec. 20, wy2Ey2 and wy2; following lands shall remain open to Sec. 19, lots 2,3, and 4, E4> and E 4W 4; Sec. 31, lot 8 . disposition under the Public Land Sale Sec. 20, Ny2Ny2, SW 14NW 14, and Sy2; T. 6 S., R. 105 W., Sec. 21, N 4 NE 4 , SE % NE 14, and sy2; Secs. 1,12, and 13; Act of September 19, 1964 (43 U.S.C. Sec. 22; Sec. 24, lots 1 through 7, 9, and 10; 1421-27). Sec. 23, SW4 NE4 , w y2, w y 2S E 4 , and Sec. 25, lots 1 and 3 through 12; 6th P rincipal Meridian, Colo. SE 14 SE 14; Sec. 36. Sec. 24, Wy2NEi4, NW4, E^SW4, and T. 7 S., R. 105 W., T. 9 S., R. 104 W., SE 4 SE 4; Secs. 1,12,13, 24, 25, and 36. Sec. 24, NE 4 NE 4 . Sec. 25, Ey2Ey2, SW14NE14, SE 14SW 14, and T.8 S..R. 105 W., The public lands described above ag­ Wy2SEy4 ; Secs. 1,12,13, 24,25, and 36. Secs. 26 through 34; gregate 40 acres. Ute P rincipal Meridian, Colo. Sec. 35, Ey2Ey2, and w y2NW 4; 3. As provided in paragraph 1, the fol­ Sec. 36. T. 1 N., R. 1 E., lowing lands shall remain open to dis­ T. 7 S., R. 104 W., Sec. 3, lot 4, sy2NW4 and SW*4; position under the Recreation and Sec. 1; Secs. 4 through 9; Public Purposes Act of June 14, 1926, as Sec. 2, lots 1, 2, and 3, Sy2N E4, SE 14 N W %, Sec. 10, SW % NE 14, Wy2, NW4 SE4 , and amended (43 U.S.C. 869; 869-1 to Ey2swy4, SW14SWÎ4, and SE4 ; Sy2SEi4 ; 869-4). Sec. 3, lots 1, 2, 3, and 4, S4 N4 , N4 S4 , Sec. 14, SWy4 NWi4, NW 4SW 4, and Sy2 Sixth P rincipal Meridian, Colo. S y2 SW 4 , and SW 14 SE 4 ; sy2; Secs. 4, 5, 6 , 7, 8 , and 9; Secs. 15 through 23; T. 10 S„ R. 100 W., Sec. 10, NW14NE14, Sy2NEV4 , wy2, and Sec. 24, NW14NW4 , Sy2NWi4, and S%; Secs. 2, 3,10,11, and 12; Ni/2SEy4; Sec. 25, Ny2NEi4, SE 14NEy4, SW 4NW 4, Sec. 13, lots 1 to 4, inclusive; Sec. 11, NE*4, Ey2NW4, and Ey2SE4; and NWj4SW>4; Sec. 14, lots 1 to 4, inclusive; Sec. 12; Sec. 26, Ny2; Sec. 15, lots 1 to 4, inclusive. Sec. 13, Ni/2 and NW^SWy«; Sec. 27, Ni/2, Ny2SWi4, SE4 SW4 , and T. 10 S., R. 104 W., Sec. 14, E % NE 14, Wy2SW 4, SE 4 SW 4 > SW 4 SE 14; Sec. 18, lot 5. Sec. 28, Ny2, Ny2sy2, Sy2SW 4, and SW4 and NE 14 SE %; UTE PRINCIPAL MERIDIAN, COLO. • Sec. 15, SW4 NE4 , W 4, and SE4; SE 4; Secs. 16 through 22; Sec. 29, Ny2, N4SE4, and SE4SE4; T. 1 N„ R. 1 E. Sec. 23, wy2 and S4 SE4 ; Sec. 30, lot 1, NE4 and NE4NW 4; Sec. 4, lots 1 to 4, inclusive, S 4 N 4 > S 4 ! Sec. 24, Ey2, Ey2wy2, SWi/4 NWi/4, and Sec. 32, E 4N E 4 and NE4 SE4 ; Sec. 5, lots 1 to 4, inclusive, Sy2 Nl/2 ,sy2; w y2sw y4; Sec. 33, wy2N E4, Ny2NW 4, and SE4; Sec. 6, lots 1 to 7, inclusive, S 4 NE4 . SE4 Secs. 25 through 30; Sec. 34, Ny2NE4, and NE4 NW4 . NW 4, Ey2SW 4, and SE4; Sec. 31, NE % NE 14; T. 1 N., R. 1 W., Sec. 7, lots 1 to 4, inclusive, E 4 and E4 Sec. 32; Secs. 1, 2,3, and 4; wy2; Sec. 33, Ny2; Sec. 5, lots 1, 2, 3, and 4, SE4 NE4 , and Secs. 8 and 9; Secs. 34, 35, and 36. E4 SE4 ; Sec. 15, N W 4 and sy2; T. 8 S., R. 104 W., Sec. 6, lot 1; Secs. 16 and 17; Secs. 1,2, and 3; Sec. 9, Ey2Ey¡, N W 4NE4, N4 SW4 NE4 , Sec. 18, lots 1 to 4, inclusive, E% and Sec. 5, lots 1, 2, 3, 4, sy2Ny2, SW 4, and and N4NV/4; Ey2wy2; NW14SE14; Secs. 10,11, and 12; Sec. 19, lots 1 to 4, inclusive, E4 and E4 Sec. 6, lots 1 through 7, S y2 NE 4 , SE 14 Sec. 13, E 4 , NW 4, N 4S W 4, and SW4 W 4; NW14, Ey2 SW4 , NW4 SE4 , and Ey2 sw 4 ; Secs. 20, 21 and 22; SE %; Sec. 14, E4 , NW4, and Ny2SW 4l Sec. 23,Sy2; Sec. 7, lots 1, 2, 3, and 4, E % NE 14 , Ey2 w y 2, Sec. 15, E 4 and N 4N W 4; Sec. 25, E 4N E 4, NW4 NE4 , SW4NW4. and SE 14; Sec. 23, NE4 and N 4Ñ W 4; and NW4SW4: Sec. 8 , NW14NE14, Sy2N E4, wy2, and SE 14; Sec. 24, NE 4 , Ny2SE 4, and SE 4 SE 4 . Sec. 26,Ny2; sec. 9, sy2Ny2,sy 2; T. 1 N., R. 3 W., Sec. 27, Ny2, N4SW4, SE4SW4, and Secs. 10 through 18; Sec. 4, w y2SW 4; S W 4S E 4; Sec. 19, lots 1, 2, 3, N E 4 , Ei/2N W 4, N E 4 Sec. 5, lots 2, 3, and 4, SW4 NE4 , Sy2NW 4. Sec. 28, Ny2, SW 4, Ny2SE 4, and SW4 SW 14, and Ny2S E 4; and sy2; SE4; Secs. 20, 21, 22, and 23; Sec. 6 ; Sec. 29, N 4 .N 4 S E 4 . and SE 4SE4; Sec. 24, Ny2NW»4 and SW 14 SW %; Sec. 9,Ny2N W 4; Sec. 30, lot 1, NE 4 and NE4NW 4; Sec. 26, N y2 NE 4 , SW % NE 14, and Wy2; Sec. 10, lot 4. Sec. 32, Ey2N E 4 and NE4 SE4 ; Secs. 27, 28, and 29; T. 2 N., R. 2 W., Sec. 33, w y 2N E 4 , Ny2N W 4 , and SE4; Sec. 30, lots 3,4, SE 14SW 14, and Sy2S E 4 ; Secs. 1, 2,3,4, and 5; Sec. 34, Ny2NE4 and NE4 NW4 . Secs. 31,32, 33, and 34; Sec. 6, lots 1, 6, and 7, SE4 NE4 , Ey2S W 4 . T. 1 N., R. 1 W., Sec. 35, NW14 and Wy2SW»4. andSE4; Sec. 1, lots 1 to 4, inclusive, S 4N% and T. 9 S., R. 104 W., Sec. 7, lots 1 and 2, N E4, Ey2N W 4, NE4 sl/2; S W 4 , N 4 S E 4 , Ny2Sy2SE4 ; Sec. 2, lots 1 to 4, inclusive, sy2 Ny2 and Secs. 1 through 11;. sec. 8, Ny2, Ny2sy2, and Ny2sy2sw4; S 4 ; Sec. 13, W4 SW4 NW4 and NE14SW14; Secs. 9,10,11,12,13, and 14; Sec. 3, lots 1 to 4, inclusive, Sl/2 Ny2 and Sec. 14, Ni/2, SW14, NW4SE4 and Sy2 Sec. 15, Ny2, Ny2sy2, Ey2SW 4SE4, and sy2;. SE »4; SE 4 SE 4; Secs. 10, 11, and 12;

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7457

Sec. 13, NU^SW%, SW»4SW%, and For a period of sixty (60) days from Docket No. 70-00297-33-46040. Appli­ SE1^; the day of publication of this notice in cant: Johns Hopkins University, School Sec. 14, Ni/2, Ni/2SWi/4, and SE&; the F ederal R egister, all persons who of Medicine, 725 North Wolfe Street, Sec. 15, NEy4,Ny2NWy4) and SE&j Sec. 23, NE% and N^NW%; wish to submit comments, suggestions, or Baltimore, Md. 21205. Article: Electron Sec. 24, NE14, N^SEi/4, and SEJ4SW&. objections in connection with the pro­ microscope, Model JEM-100B. Manufac­ posed classification may present their turer: Japan Electron Optics Laboratory The public lands described above ag­ views in writing to the Grand Junction Co., Ltd., Japan. gregate approximately 21,377.33 acres. District Manager, Bureau of Land Man­ Intended use of article: The article will 4. As provided in paragraph 1, the fol­ agement, Federal Building, Fourth and be used for biological and medical ap­ lowing lands are further segregated from Rood, Grand Junction, Colo. 81501. plications. Projects under study include location and entry under the general synapse mapping in nervous tissue, mining laws (30 U.S.C., Ch. 2), and A public hearing on this proposed classification will be held at 7:30 p.m. corneal and retinal pathology, corneal the Materials Act of July 31, 1947, as stromal, and collagen subunit structure, amended. on June 4, 1970, in Room 206A, Court­ synaptic vesicle, and synaptic membrane house Annex, Grand Junction, Colo. 6t h P rincipal Meridian, Colo. fine structure and Golgi (silver) impreg­ T. 5 S., R. 102 W., J. Elliott Hall, nated cell structure. Sec. 34, NE^4NE^4. Acting State Director. Comments: No comments have been T. 10 S., R. 104 W., received with respect to this application. Sec. 18, lot 5. May 7, 1970. Decision: Application approved. No in­ The public lands described above [P.R. Doc. 70-5828; Piled, May 12r 1970; strument or apparatus of equivalent aggregate approximately 84 acres. 8:46 a.m.] scientific value to the foreign article, for such purposes as this article is intended to be used, is being manufactured in the United States. DEPARTMENT OF AGRICULTURE Reasons: The foreign article has a Consumer and Marketing Service guaranteed resolving power of 3 ang­ stroms. The most closely comparable HUMANELY SLAUGHTERED LIVESTOCK domestic instrument available at the time the application was received was the Identification of Carcasses; Changes in Lists of Establishments Model EMU-4B electron microscope Pursuant to section 4 of the Act of August 27, 1958 (7 U.S.C. 1904), and the state­ which was formerly being manufac­ ment of policy thereunder in 9 CFR 381.1, the lists (35 F.R. 2895, 4976, and 5594) tured by the Radio Corp. of America of establishments which are operated under Federal inspection pursuant to the (RCA), and which is currently being Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and which use humane methods produced by Forgflo Corp. (Forgflo). The of slaughter and incidental handling of livestock are hereby amended as follows: Model EMU-4B electron microscope has The reference to Triolo Brothers, Establishment 706, and the reference to swine a guaranteed resolving power of 5 with respect to such establishment are deleted. angstroms. (The lower the numerical The following table lists species at additional establishments and additional rating in terms of angstrom units, the species at previously listed establishments that have been reported as being better the resolving power.) We are ad­ slaughtered and handled humanely. vised by the Department of Health, Education, and Welfare (HEW), in its Name of establishment Establishment Cattle Calves Sheep Goats Swine Horses Mules memorandum dated April 2, 1970, that No. the better resolving power of the foreign article is pertinent to the applicant’s re­ P & H Packing Co., Inc...... 2211A. (*) Link Packing Co______2472— (*) (*) search studies on the Golgi complex and Hewlett Wholesale Meat...... 55241. (*) the collagen sub-unit structure of the Bergman Meat Packing Co., Inc.I___ 6788... h (*) (*) C) cornea. We, therefore, find that the Cessnun Abattoir...... 7082.. (*) (*) (*) (*) Heard’s Sausage Co...... 7088... (*) Model EMU-4B electron microscope is Diamond Meat Co., Inc...... 4765... (*) New establishments reported: 7 not of equivalent scientific value to the Estes Packing Co______319___ (*) foreign article, for such purposes as this Rudnick Packing Co., Inc.______325... (*) article is intended to be used. Callaway Packing Co., Inc...... 688.... (*) Alice Packing Co______921___ The Department of Commerce knows Associated Meat Packers, Inc______1472... of no other instrument or apparatus of Dixie Packing Co...... 2271... Lamesa Meat Co...... 2272... (*) equivalent scientific value to the foreign ■foe's Packing Co...... 7022... (*) (*) article, for such purposes as this article H. A. S. Sweetmeat, Inc...... 7025... (*) Species added: 10 Is intended to be used, which is being manufactured in the United States. Done at Washington, D.C., on May 7,1970. Charley M. D enton, G. H. W ise, Assistant Administrator for Deputy Administrator, Industry Operations, Busi­ Consumer Protection. ness and Defense Services [F.R. Doc. 70-5837; Filed, May 12, 1970; 8:47 a.m.] Administration. [FJB. Doc. 70-5810; Filed, May 12, 1970; 8:45 a.m.] the Educational, Scientific, and Cultural DEPARTMENT OF COMMERCE Materials Importation Act of 1966 (Pub­ NATIONAL INSTITUTES OF HEALTH Business and Defense Services lic Law 89-651, 80 Stat. 897) and the reg­ ulations issued thereunder as amended ET AL. Administration (34 F.R. 15787 et seq.). JOHNS HOPKINS UNIVERSITY Notice of Applications for Duty-Free A copy of the record pertaining to this Entry of Scientific Articles Notice of Decision on Application for decision is available for public review Duty-Free Entry of Scientific Article during ordinary business hours of the The following are notices of the re­ Department of Commerce, at the Scien­ ceipt of applications for duty-free entry following is a decision on an ap- tific Instrument Evaluation Division, De­ of scientific articles pursuant to section p ication for duty-free entry of a scien­ partment of Commerce, Washington, 6(c) of the Educational, Scientific, and c e article pursuant to section 6(c) of D.C. Cultural Materials Importation Act of

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7458 NOTICES 1966 (Public Law 89-651; 80 Stat. 897). project concerns the effects of hyperten­ tagging each fuel assembly with xenon Interested persons may present their sion on the medullary interstitial cells of gas comprised of a mixture of stable views with respect to the question of the kidney. The Pathology Department xenon isotopes in a unique combination whether an instrument or apparatus of of the hospital will use the article for the whose isotopic ratios are accurately equivalent scientific value for the pur­ training of the staff, physicians in known at the time of fuel fabrication. poses for which the article is intended residency and ancillary personnel in the Other studies include determination of to be used is being manufactured in the principles of electron microscopy. Appli­ trace amounts of oxygen in sodium and United States. Such comments must be cation received by Commissioner of Cus­ analysis of gas samples. Application re­ filed in triplicate with the Director, toms: April 21, 1970. ceived by Commissioner of Customs: Scientific Instrument Evaluation Di­ Docket No. 70-00630-01-77030. Appli­ April 21, 1970. vision, Business and Defense Services cant: Lehigh University, Bethlehem, Pa. Docket No. 70-00634-33-43400. Appli­ Administration, Washington, D.C. 20230, 18015. Article: MMR spectrometer, cant: University of Hawaii, Dept, of within 20 calendar days after date on Model R-20A. Manufacturer: Hitachi, Physiology, 2538 The Mall, Snyder Hall which this notice of application is pub­ Ltd., Japan. Intended use of article: The 407, Honolulu, Hawaii 96822. Article: lished in the F ederal R egister. article will be used in the training of Micromanipulators (6), Model MM-3, Amended regulations issued under students and for graduate and faculty and stands. Manufacturer: Narishige cited Act, as published in the October 14, research. The experiments involve ex­ Scientific Instrument Lab., Japan. In­ 1969 issue of the F ederal R egister, pre­ tremes in temperature such as the deter­ tended use of article: The articles will scribe the requirements applicable to mination of the aH nmr spectra of a be used in original scientific research on comments. number of polyvinyl chloride polymers specific problems in the area of neural A copy of each application is on file, prepared by a graduate student studying integration in crustácea. The experi­ and may be examined during ordinary the effect of new synthetic procedures on ments involve recording sensory input Commerce Department business hours at the tacticity of the polymers. Another to the nervous system, activity in “com­ the Scientific Instrument Evaluation series of experiments concern studies on mand intemeurons”, and motor output. Division, Department of Commerce, the fluxional behavior of organometallic Application received by Commissioner Washington, D.C. cyclopentadienes. Application received of Customs: April 22, 1970. Docket No. 70-00626-33-11000. Appli­ by Commissioner of Customs: April 21, Docket No. 70-00635-01-77040. Appli­ cant: National Institutes of Health, Na­ 1970. cant: The University of Michigan, tional Institute of Mental Health, Build­ Docket No. 70-00631-33-46070. Appli­ School of Public Health, 109 Observatory ing 10, Room 2D-46, 9000 Rockville Pike, cant: University of California, Santa Street, Ann Arbor, Mich. 48104. Article: Bethesda, Md. 20014. Article: Gas chro­ Barbara, Santa Barbara, California Mass spectrometer, Model MS 30. Manu­ matograph-mass spectrometer, Model 93106. Article: Scanning electron micro­ facturer: Associated Electrical Indus­ IKB 9000. Manufacturer: IKB Produkter scope, Model JSM-2, and accessories. tries, Ltd., U.K. Intended use of article: AB, Sweden. Intended use of article: The Manufacturer: Japan Electron Optics The article will be used for both teaching article will be used for studies of the Lab. Co., Ltd., Japan. Intended use of and research. Teaching involves two identification and quantitative analysis article: The article will be used for in­ courses, Fundamentals of Instrumental of minute quantities of very wide range struction and thesis research for stu­ Methods of Chemical Analysis, and In­ of metabolites, to examine their subtle dents and as a research instrument for strumental Methods of Chemical Analy­ differences and thus further the under­ geology faculty. The areas of studies in­ sis. Research projects concern establish­ standing of the biochemical factors in­ clude the ultrastructure of pre-Paleozoic ing the identity and the toxicity of the volved in mental illness. Research con­ nannofossils to attempt to differentiate combustion products of plastics and the cerns inborn errors of metabolism, such them morphologically from similar living analysis of the exhaled breath of indus­ as phenylketonuria; cerebrospinal fluid; and more recent fossil microbiota; trial workers for toxic gases. Application and how drugs differ in efficiency in dif­ morphological relationships of these fos­ received by Commissioner of Customs: ferent patients because they may be sil organisms with presently living April 22, 1970. distributed or metabolized differently or genera and families; a search for fossil Docket No. 70-00636-33-46040. Appli­ affect metabolic systems to different ex­ remains of still smaller unknown life cant: University Hospital, 750 Harrison tends. Application received by Commis­ forms (viruses, rikettsias) that may have Avenue, Boston, Mass. 02118. Article: sioner of Customs: April 20, 1970. inhabited the primitive earth; study of Electron microscope, Model EM 300. Docket No. 70-00628-33-46500. Appli­ lunar and Martian rock and debris sam­ Manufacturer: Philips Electronics NVD, cant: Kuakini Hospital, 347 North Kua- ples as they become available; and for The Netherlands. Intended use of arti­ kini Street, Honolulu, Hawaii 96817. Arti­ special applications in mineralogical, cle: The article will be used for research cle: , Ultramicrotome, Model OmU2. microbiological, and microstructure stu­ studies of human and animal tissues. In Manufacturer: C. Reichert Optische dies. Application received by Commis­ the human liver studies emphasis will be Werke AG, Austria. Intended use of arti­ sioner of Customs: April 21, 1970. placed in the membranes with hepatic cle: The article will be used for a study Docket No. 70-00632-00-20900. Appli­ cells at varying intervals after the known of the Hawaiian feral mongoose stomach. cant: Universities Research Association, time of the initial onset of shock. An­ An electron microscopic study of topo­ Inc., National Acceleratory Laboratory, other project concerns the ultrastructure graphical relationship of mast cells, 2100 Pennsylvania Avenue NW., Wash­ of human coronary artery, cerebral fibroblasts, and collagen fibers of differ­ ington, D.C. 20037. Article: Deuterium artery, and aorta for comparison with ent consistency and composition and thyratrons. Manufacturer: English Elec­ naturally occurring and experimentally- cellular interaction between the fibro­ tric Ltd., U.K. Intended use of article: induced lesions in the New World mon­ blasts and mucosal mast cells require The article is to be used with the 8 GeV key. Application received by Commis­ ultrathin sections of various thickness. extraction which requires a 100 gauss sioner of Customs: April 22, 1970. Application received by Commissioner of pulsed magnet with 20 nanoseconds rise Docket No. 70-00637-33-46040. Appli­ Customs: April 20, 1970. and fall times. Application received by cant: Mercy Hospital, Cancer Research Docket No. 70-00629-33-46040. Appli­ Commissioner of Customs: April 21, Laboratory, 1400 Locust Street, Pitts­ cant: Baptist Memorial Hospital, 899 1970. burgh, Pa. 15219. Article: Electron micro­ Madison Avenue, Memphis, Tenn. 38103. Docket No. 70-00633-75-77040. Appli­ scope, Model JEM 100-B. Manufacturer: Article: Electron microscope, Model EM cant: University of Chicago, Operator of Japan Electron Optics Lab., Co., Ltd., 9A. Manufacturer: Carl Zeiss, West Ger­ Argonne National Laboratory, 9700 Japan. Intended use of article: The ar­ many. Intended use of article: The arti­ South Cass Avenue, Argonne, Illinois ticle will be used for research projects cle will be used for studies of animal tis­ 60439. Article: Mass spectrometer, Model concerning chick lens differentiation, sues as they are altered by various forms CH 7. Manufacturer: Varian MAT, West human leukemic cell culture superna­ of experimental hypertension. In particu­ Germany. Intended use of article: The tants, and for human tumor biopsy spec­ lar, blood vessels will be studied in several primary application of the article is for imens. Members of the Radiotherapy de­ locations and renal changes studied un­ Identification of failed nuclear reactor partment and Pathology department win der a variety of conditions. Another fuel assemblies. This is accomplished by be trained in the use of the electron

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7459 microscope and in the methodology of turer: Oxford Instrument Co., Ltd., of complex natural mixtures of plant ultrastructural research. Application re­ United Kingdom. sterols, essential oils, and complex ceived by Commissioner of Customs: Intended use of article: The article mixtures. April 23, 1970. will be used for graduate instruction and Comments: Comments in regard to Docket No. 70-00638-33-46040. Appli­ thesis research involving the properties this application were received from cant: The Presbyterian Hospital at of matter at extremely low temperatures. CEC/Analytical Division of Bell and Columbia-Presbyterian Medical Center, Current projects include nuclear mag­ Howell (CEC) which alleges inter alia 622 West 168th Street, New York, N.Y. netic resonance and Mossbauer spectros­ that “The applicant, The University of 10032. Article: Electron microscope, copy studies in fine particles and mag­ Kansas, has failed to establish a valid Model EM 9S. Manufacturer: Carl Zeiss, netic materials. foundation for its belief that no instru­ West Germany. Intended use of article: Comments: No comments have been ment or apparatus of equivalent scien­ The article will be used in the teaching received with respect to this application. tific value to the instrument or appa­ program and for research in the struc­ Decision: Application approved. ratus sought to be imported free of duty ture, function, and diseases of the eye. No instrument or apparatus of equiv­ is being manufactured in the United Present projects concern the pathology of alent scientific value to the foreign ar­ States.” (CEC comments dated Feb. 20, human opaque corneas; the structure of ticle, for such purposes as this article 1970.) ocular tumors ; the anatomy of the aque­ is intended to be used, is being manufac­ Decision: Application approved. No ous humor outflow pathways; the nerve tured in the United States. instrument or apparatus of equivalent connections in the retina-basic neurol­ Reasons: The foreign article provides scientific value to the foreign article for ogy of visual processes; and the changes the capability for, maintaining tempera­ such purposes as this article is intended induced by laser treatment of retinal de­ tures of 0.030° to 0.050° Kelvin, in the to be used, is being manufactured in the tachment and effect on retinal vascular presence of a thermal input. United States. diseases. Application received by Com­ We are advised by the National Bureau Reasons: The foreign article provides missioner of Customs: April 23, 1970. of Standards (NBS) in its memorandum a direct vaporization or oven inlet probe Docket No. 70-00639-33-46500. Appli­ dated February 3, 1970, that this charac­ which has a temperature range of minus cant: University of California, San Diego, teristic is pertinent to the purposes for (-) 140° C. to plus (+) 500° C. with the Post Office Box 199, La Jolla, Calif. which the foreign article is intended to capability of heating a sample from 92037. Article: Ultramicrotome, Model be used. NBS further advises that it room temperature to +300° C. in 3 sec­ LKB 8800A. Manufacturer: LKB Pro- knows of no comparable apparatus onds. The CEC Model 21-110C mass dukter AB, Sweden. Intended use of ar­ being manufactured in the United spectrometer provides a direct vaporiza­ ticle : The article will be used for research States, which provides this pertinent tion or oven inlet probe which has a concerning the elucidation of mechanism characteristic. temperature rarige of —140° C. to of demyelination and remyelination in Charley M. D enton, +350° C. with the capability of heating human and experimental disease. Biopsy Assistant Administrator for In­ a sample from room temperature to specimens from brains of patients with dustry Operations, Business 80° C. in 60 seconds. We are advised by various demyelinating disorders are sent and Defense Services Admin­ the National Bureau of Standards in a to the applicant from many medical cen­ istration. memorandum dated March 31,1970, that ters in the United States. The tissue for the purposes for which the foreign taken from these patients is of irreplace­ [F.R. Doc. 70-5812; Filed, May 12, 1970; 8:45 a.m.] article is intended to be used, the greater able research and diagnostic value. The rate of temperature rise provided by the outcome of the studies will determine the inlet of the foreign article is pertinent treatment of these patients. Application UNIVERSITY OF KANSAS to the purposes for which the article is received by Commissioner of Customs: intended to be used. NBS further advises April 24, 1970. Notice of Decision on Application for that it knows of no domestic instrument Charley M. D enton, Duty-Free Entry of Scientific Article or apparatus than can be used for all of the applicant’s intended purposes. Assistant Administrator for In­ The following is a decision on an ap­ dustry Operations, Business For this reason we find that the CEC plication for duty-free entry of a scien­ Model 21-110C mass spectrometer is not and Defense Services Admin­ istration. tific article pursuant to section 6(c) of of equivalent scientific value to the for­ the Educational, Scientific, and Cultural eign article for the purposes for which [F.R. Doc. 70-5811; Filed, May 12, 1970; Materials Importation Act of 1966 (Pub­ 8:45 a.m.] the article is intended to be used. lic Law 89-651, 80 Stat. 897) and The Department of Commerce knows the regulations issued thereunder as of ho other instrument or apparatus of amended (34 F.R. 15787 et seq.). UNIVERSITY OF CALIFORNIA equivalent scientific value to the foreign A copy of the record pertaining to this article for the purposes for which such Notice of Decision on Application for decision is available for public review article is intended to be used, which is Duty-Free Entry of Scientific Article during ordinary business hours of the being manufactured in the United States. Department of Commerce, at the Scien­ • The following is a decision on an ap­ tific Instrument Evaluation Division, Charley M. D enton, plication for duty-free entry of a scien­ Department of Commerce, Washing­ Assistant Administrator for tific article pursuant to section 6(c) of ton, D.C. Industry Operations, Busi­ the Educational, Scientific, and Cultural Docket No. 70-00394-01-77040. Ap­ ness and Defense Services Materials Importation Act of 1966 plicant: The University of Kansas, 1 Administration. (Public Law 89-651, 80 Stat. 897) and Department of Medicinal Chemistry, [F.R. Doc. 70-5813; Filed. May 12, 1970; the regulations issued thereunder as Lawrence, Kans. 66044. Article: Mass 8:45 a.m.] amended (34 F.R. 15787 et seq.). spectrometer, Model CH-5. Manufac­ A copy of the record pertaining to this turer: Varian/MAT G.m.b.H., West decision is available for public review Germany. UNIVERSITY OF ILLINOIS ET AL. during ordinary business hours of the Intended use of article: The article Department of Commerce, at the Scien­ will be used as a teaching and research Notice of Applications for Duty-Free tific Instrument Evaluation Division, De­ instrument in graduate programs involv­ Entry of Scientific Articles partment of Commeroe, Washington, ing problems in organic medicinal, phys­ The following are notices of the re­ ical, inorganic chemistry, and bio­ ceipt of applications for duty-free entry Docket No. 70-00322-98-71200. Appli­ chemistry. Intended applications include of scientific articles pursuant to section cant: University of California, Santa structure studies of complex organic 6(c) of the Educational, Scientific, and Barbara, Santa Barbara, Calif. 93106. natural products including peptides, Cultural Materials Importation Act of ivr iCle: Melium dilution refrigerator, alkaloids, terpenoids, and antibiotics; as 1966 (Public Law 89-651; 80 Stat. 897) . Model Mark III “Harwell”. Manufac­ well as the identification of components Interested persons may present their

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7460 NOTICES views with respect to the question of Docket No. 70-00643-33-46500. Appli­ Intended use of article: The article will whether an instrument or apparatus of cant: Vanderbilt University, 21st Ave­ be used for experiments in the effect of equivalent scientific value for the pur­ nue South and Garland Avenue, Nash­ ultraviolet light (2,537 A) on various poses for which the article is intended ville, Tenn. 37203. Article: Ultramicro­ micro-organisms to be conducted concur­ to be used is being manufactured in the tome, Model LKB 8800A, and accessories. rently in six multidiscipline laboratories United States. Such comments must be Manufacturer: LKB Produckter AB, occupied by a total of 104 medical filed in triplicate with the Director, Sweden. Intended use of article: The ar­ students. Scientific Instrument Evaluation Divi­ ticle will be used for studies on cell dif­ Comments: No comments have been sion, Business and Defense Services Ad­ ferentiation following estrogen stimula­ received with respect to this application. ministration, Washington, D.C. 20230, tion of the chick oviduct; ultrastructural Decision: Application approved. No in­ within 20 calendar days after date on changes accomanying trophic hormone strument or apparatus of equivalent which this notice of application is pub­ stimulation of ovary, as correlated with scientific .value to the foreign article, for lished in the F ederal Register. steroid production; and ultrastructural such purposes as this article is intended Amended regulations issued under study of mechanisms of leukocyte inva­ to be used, is being manufactured in the cited Act, as published in the October 14, sion of in vitro fertilized rabbit ova. Stu­ United States. 1969 issue of the F ederal Register, pre­ dents of various backgrounds will be Reasons: The foreign article is a light scribe the requirements applicable to taught specimen preparation for electron transducer capable of measuring light comments. microscopy and interpretation of elec­ intensity at 2,537 angstroms without in­ A copy of each application is on file, tron micrographs related to specific ap­ terference from ordinary room illumina­ and may be examined during ordinary plications in research on reproductive tion. The article will maintain its Commerce Department business hours at physiology. Application received by Com­ calibration with an uncertainty of less the Scientific Instrument Evaluation missioner of Customs: April 24, 1970. than plus or minus 5 percent after 1 year Division, Department of Commerce, Docket No. 70-00644-33-46500. Appli­ of storage under ordinary laboratory Washington, D.C. cant: Roger Williams General Hospital, conditions. In addition, the modular Docket No. 70-00640-33-46500. Appli­ 825 Chalkstone Avenue, Providence, R.I. nature of the article permits easy at­ cant: University of Illinois at Chicago 02908. Article: Ultramicrotome, Model tachment to a variety of amplifiers, Circle, Purchasing Division—Business LKB 8800A. Manufacturer: LKB Pro- meters, and combinations of electronic dukter AB, Sweden. Intended use of ar­ devices. Office, Post Office Box 4348, Chicago, 111. ticle: The article will be used for electron 60680. Article: Ultramicrotome, Model microscopic investigation of several dif­ We are advised by the National Bureau LKB 8800A. Manufacturer: LKB Pro- ferent tissues. Research concerns the of Standards (NBS) in its memorandum dukter AB, Sweden. Intended use of ultrastructure of hyperplastic rat esoph­ dated March 31, 1970, that the accuracy, article: The article will be used for re­ ageal epithelium in zinc deficiency, of stability and interchangeability of the search on the ultrastructure of the inflammatory cells using the tissue win­ foreign article are pertinent to the pur­ secretory cycle in cells from insect glands dow technique of spindle cell sarcomas, poses for which the foreign article is and on the ultrastructure of induced cell and of kidney and liver needle biopsies. intended to be used. change due to virus infection. Graduate The-density and ease of sectioning vary NBS further advises that it knows of students will be trained to use the article considerably in these tissues. Applica­ no instrument or apparatus of equivalent for their own research studies and to tion received by Commissioner of Cus­ scientific value to the foreign article, for work on aspects of the research listed toms: April 24,1970. such purposes as this article is intended above. Application received by Commis­ to be used, which is being manufactured sioner of Customs: April 24, 1970. Charley M. Denton, in the United States. Docket No. 70-00641-33-46500. Appli­ Assistant Administrator for In­ cant: University of Puerto Rico, Biology dustry Operations, Business Charley M. Denton, Department, Rio Piedras, Puerto Rico and Defense Services Admin­ Assistant Administrator for In­ 00931. Article: Ultramicrotome, Model istration. dustry Operations, Business and Defense Services Admin­ t.tcb 4800A. Manufacturer: LKB Pro- [F.R. Doc. 70-5814; Filed, May 12, 1970; dukter AB„ Sweden. Intended use of 8:45 a.m.] istration. article: The article will be used for [F.R. Doc. 70-5815; Filed, May 12) 1970; studies concerning the fine structure of 8:45 a.m.] cilia and flagella from protozoa and UNIVERSITY OF TEXAS MEDICAL various marine invertebrates, and to SCHOOL establish a correlation between fine structure and movement. The material Notice of Decision on Application for DEPARTMENT OF HEALTH, will also be studied in the electron micro­ Duty-Free Entry of Scientific Article scope to correlate the physiology of the EDUCATION, AND WELFARE isolated cilia with the molecular pictures The following is a decision on an ap­ obtained through high resolution micro­ plication for duty-free entry of a scien­ Food and Drug Administration graphs. Application received by Com­ tific article pursuant to section 6(c) of [DESI 11683] missioner of Customs: April 24,1970. the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub­ Docket No. 70-00642-33-46040. Appli­ ANTINEOPLASTIC AGENTS— CYCLO­ lic Law 89-651, 80 Stat. 897) and the PHOSPHAMIDE AND THIOTEPA cant: The Connecticut Agricultural Ex­ regulations issued thereunder as amended periment Station, 123 Huntington Street, Drugs for Human Use; Drug Efficacy New Haven, Conn. 06511. Article: Elec­ (34 F.R. 15787 et seq.). A copy of the record pertaining to this Study Implementation tron microscope, Model EM 9S. Manu­ decision is available for public review facturer: Carl Zeiss, West Germany. In­ during ordinary business hours of the The Food and Drug Administration tended use of article: The article will be Department of Commerce, at the Scien­ has evaluated reports received from the used for studies of plant and insect or£ tific Instrument Evaluation Division, National Academy of Sciences-National gan, and pathogens; morphogenesis of Department of Commerce, Washington, Research Council, Drug Efficacy Study plants and insects and their microbial D.C. Group, on the following antineoplastic pathogens; to learn how plants and in­ Docket No. 70-00332-79-60095. Appli­ drugs: sects grow; to develop effective and safe cant: The University of Texas Medical 1. Cytoxan for Injection; 100 milli­ methods of controlling noxious insects School at San Antonio, 7703 Floyd Curl grams, 200 milligrams, or 500 milligrams and plant pathogens; and for examina­ Drive, San Antonio, Tex. 78229. Article: cyclophosphamide per vial; marketed by tion of plant and animal tissues prepared Sensing units for measurement of germi­ Mead Johnson Laboratories, Division oi for conventional microscopy techniques. cidal ultraviolet light. Manufacturer: Mead Johnson & Co., 2404 Pennsylvania Application received by Commissioner of Laboratoire Pasteur de l’Institut du Street, Evansville, Ind. 47721 (NDA 1*- Customs: April 24,1970. Radium, France. 142).

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7461

2. Cytoxan Tablets containing 50 milli­ d. Acute lymphoblastic (stem-cell) leu­ a. Giant follicular lymphoma. grams cyclophosphamide per tablet; kemia in children (cyclophosphamide given b. Lymphosarcoma. during remission is effective in prolonging c. Reticulum cell sarcoma. marketed by Mead Johnson Laboratories, its duration). d. Hodgkin’s disease. Division of Mead Johnson & Co, (NDA 4. Mycosis fungoides (advanced disease). 4. Bronchogenic carcinoma. 12-141). B. Frequently responsive solid malignan­ 5. For controlling intracavitary effusions 3. Thio-Tepa Parenteral (dry powder) cies : secondary to diffuse or localized neoplastic containing 15 milligrams thiotepa per 1. Neuroblastoma (in patients with dis­ disease of various serosal cavities. vial; marketed by Lederle Laboratories seminated disease). Division, American Cyanamid Co., Post 2. Adenocarcinoma of the ovary. D. Marketing status. Marketing of the Office Box 500, Pearl River, N.Y. 10965 C. Infrequently responsive malignancies: drug may continue under the conditions (NDA 11-683). 1. Carcinoma of the breast. described in items IV and V of this an­ The drugs are regarded as new drugs 2. Malignant neoplasms of the lung. nouncement except those claims refer­ (21 U.S.C. 321 (p)). Supplemental new- D. Marketing status. Marketing of the enced in item III below may continue to drug applications are required to revise drug may continue under the conditions be included in the labeling for the the labeling in and to update previously described in items IV and V of this periods stated. approved applications providing for such announcement except those claims III. Indications permitted during ex­ drugs. A new-drug application is required referenced in item III below may con­ tended period for obtaining substantial from any person marketing such drugs tinue to be included in the labeling for evidence. Those indications for which without approval. the periods stated. the drugs are described in paragraphs The Food and Drug Administration is II. Thiotepa—A. Effectiveness classi­ I A or II A above as possibly effective prepared to approve new-drug applica­ fication. The Food and Drug Administra­ (not included in the labeling conditions tions and supplements to previously ap­ tion has considered the Academy report, in I C and II C) may continue to be used proved new-drug applications under as well as other available evidence, and for 6 months following the date of this conditions described in this announce­ concludes that thiotepa is: publication to allow additional time ment. 1. Effective for the indications de­ within which holders of previously ap­ I. Cyclophosphamide—A. Effectivenessscribed in the labeling conditions which proved applications or persons market­ classification. The Food and Drug Ad­ follow. ing the drugs without approval may ministration has considered the reports 2. Possibly effective against neoplastic obtain and submit to the Food and Drug of the Academy, as well as other avail­ diseases of the genitourinary, gastro­ Administration, data to provide substan­ able evidence, and concludes that cyclo­ intestinal, and central nervous systems; tial evidence of effectiveness. phosphamide is: and for its recommended use in the pal­ IV. Previously approved application. 1. Effective for the indications de­ liation of such local symptoms related A. Each holder of a “deemed approved” scribed in the labeling conditions which to the neoplasm as local edema due to new drug application (i.e., an applica­ follow. enlarged neck nodes, dyspnea and cough tion which became effective on the basis due to the pressure of effusions, neuro­ of safety prior to Oct. 10, 1962) for such 2. Possibly effective for miscellaneous drug is requested to seek approval of the undifferentiated metastatic neoplasms; logical signs due to space-occupying lesions of the central nervous system; claims of effectiveness and bring the ap­ malignancies arising from the gastroin­ plication into conformance by submit­ testinal tract; malignant melanomas; urinary frequency due to intra and/or ting supplements containing: sarcoma; neoplasms of cervix and uterus; extra-cystic lesions, pressure due to 1. Revised labeling as needed to con­ neoplasms arising from the kidney, ure­ intra-abdominal lesions, unsightly or un­ form with the labeling conditions de­ ter, bladder,, prostate and testis; and comfortable skin nodules, muscle spasm scribed herein for the drug, and complete psoriasis. or bone pain due to metastases. current container labeling unless re­ B. Form of drug. Cyclophosphamide 3. Lacking substantial evidence of ef­ cently submitted. (Labeling guidelines preparations are in tablet form suitable fectiveness for the indication “admin­ istration of thiotepa immediately prior for a package insert are available from for oral administration or in the dry- the Administration on request.) form as the crystalline hydrate suitable to and at the time of surgery and during 2. Updating information as needed to for reconstitution for intravenous, intra­ the post-operative period has been recommended to support surgical pallia­ make the application current. muscular, intraperitoneal and intrapleu­ B. Such supplements should be sub­ ral administration. tion through diminution of seeding and hematogenous dissemination due to mitted within the following time periods C. Labeling conditions. 1. The label after the date of publication of this bears the statement “Caution: Federal surgery.” B. Form of drug. Thiotepa is in pow­ announcement in the F ederal R egister: law prohibits dispensing without pre­ 1. Sixty days for revised labeling—the scription.” der form suitable for preparation of an aqueous solution for parenteral admin­ supplement should be submitted under 2. The drug is labeled to comply withistration. the provisions of § 130.9 (d) and (e) of all requirements of the Act and regula­ the new drug regulations (21 CFR 130.9) tions. Its labeling bears adequate infor­ C. Labeling conditions. 1. The label which permit certain changes to be put mation for safe and effective use of the bears the statement “Caution: Federal into effect at the earliest possible time. drug and is in accord with the guidelines law prohibits dispensing without 2. Sixty days for updating information. for uniform labeling published in the prescription.” C. Marketing of the drug may con­ Federal R egister of February 6, 1970. 2. The drug is labeled to comply with tinue until the supplemental applica­ The “Indications” section of the labeling all requirements of the Act and regula­ tions submitted in accord with the pre­ is as follows: tions. Its labeling bears adequate infor­ ceding subparagraphs A and B are acted mation for safe and effective use of the I ndications upon, provided that within 60 days after drug and is in accord with the guidelines the date of this publication, the labeling A. Frequently responsive myeloprolifera­for uniform labeling published in the of the preparation shipped within the tive and lymphoproliférative disorders: F ederal R egister of February 6, 1970. 1. Malignant lymphomas (Stages* III Aid jurisdiction of the Act is in accord with IV, Peter’s Staging System). The “Indications” section of the labeling the labeling conditions described herein. a. Hodgkin’s disease. is as follows: (It may continue to include the indica­ b. Follicular lymphoma. I ndications tions referenced in paragraph III for the c. Lymphocytic lymphosarcoma. Thiotepa has been tried with varying re­ periods stated). d. Reticulum cell sarcoma. sults in the palliation of a wide variety of V. New applications. A. Any other per­ e. Lymphoblastic lymphosarcoma. neoplastic diseases. Palliation has occurred son who distributes or intends to dis­ 2. Multiple myeloma. at some time in many types of cancer. How­ 3. Leukemias: ever, the most consistent results have been tribute such drug which is intended for a. Chronic lymphocytic leukemia. seen in the following tumors: the conditions of use for which it has b. Chronic granulocytic leukemia (it is 1. Adenocarcinoma of the breast. been shown to be effective, as described ineffective in acute blastic crises). 2. Adenocarcinoma of the ovary. under paragraphs I A or II A above, c. Acute myelogenous and monocytic leu­ 3. Malignant lymphomas (stages HI and should submit a new drug application kemia. IV, Peters staging system). containing full information required by

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7462 NOTICES the new drug application form FD-356H identified with the reference number milligrams with thiamine hydrochloride (21 CFR 130.4(c)). (Labeling guidelines DESI 11683 and be directed to the atten­ 50 milligrams, per cubic centimeter; for a package insert are available from tion of the following appropriate office- Lederle Laboratories, Division American the Administration on request.) and addressed to the Food and Drug Ad­ Cyanamid Co., Pearl River, N.Y. 10965 B. Distribution of any such prepara­ministration, 5600 Fishers Lane, Rock­ (NDA 5-731). tion currently on the market without an ville, Md. 20852: The drugs described above are re­ approved new drug application may be Requests for NAS-NRC report: Press Rela­ garded as new drugs. The effectiveness continued provided that: tions Office (CE-200). classification and marketing status are 1. Within 60 days from the date of Supplements (identify with NDA number) : described below. publication of this announcement in the Office of Marketed Drugs (BD-200), Bureau A. Effectiveness classification. The F ederal R egister, the labeling of -such of Drugs. drugs listed in this announcement are preparation shipped within the jurisdic­ Original new drug applications : Office of New Drugs (BD-100), Bureau of Drugs. regarded by the Food and Drug Ad­ tion of the Act is in accord with the All other communications regarding this ministration as possibly effective for labeling conditions described herein, (It announcement: Special Assistant for Drug their labeled indications. may continue to include the indications Efficacy Study Implementation (BD-201), B. Marketing status. 1. Holders of pre­ referenced in paragraph III for the Bureau of Drugs. viously approved new-drug applications periods stated.) This notice is issued pursuant to the and any person marketing any such 2. The manufacturer, packer, or dis­ drugs without approval will be allowed tributor of such drug submits, within 60 provisions of the Federal Food, Drug, and Cosmetic Act (secs. 502, 505, 52 Stat. 6 months from the date of publication of days from the date of this publication, a this announcement in the F ederal R eg­ new drug application to the Food and 1050-53, as amended; 21 U.S.C. 352, 355) and under the authority delegated to the ister to obtain and to submit in a sup­ Drug Administration. plemental or original new-drug applica­ 3. The applicant submits additional Commissioner of Food and Drugs (21 CFR 2.120). tion, data to provide substantial information that may be required for evidence of effectiveness for the labeled the approval of the application within Dated: April 27, 1970. claims. The only material which will be a reasonable time as specified jn a writ­ S am D. F ine, considered acceptable for review must be ten communication from the Food and well-organized and consist of adequate Drug Administration. Acting Associate Commissioner for Compliance. and well-controlled studies bearing on 4. The application has not been ruled the effectiveness of the drug, and not incomplete or unapprovable. [F.R. Doc. 70-5821; Filed, May 12, 1970; 8:46 a.m.] previously submitted. VI. Opportunity for a hearing. A. Any 2. At the end of the 6-month period, person who would be adversely affected any such data will be evaluated to deter­ by an order requiring deletion of the [DESI 5731] claims for which the drug lacks substan­ mine whether there is substantial evi­ BENACTYZINE HYDROCHLORIDE dence of effectiveness for the recom­ tial evidence of effectiveness, as described mended uses. After such evaluation, the in paragraph II A, may request a hearing WITH MEPROBAMATE AND CER­ within 30 days following the publication conclusions concerning the drugs will be TAIN OTHER DRUGS published in the F ederal R egister. If no date of this announcement. Drugs for Human Use; Drug Efficacy studies have been undertaken or if the B. If no request for a hearing is re­ studies do not provide substantial evi­ ceived, the approval of all previously Study Implementation approved applications providing for such dence of effectiveness, procedures will be claims will be regarded as withdrawn and The Food and Drug Administration initiated to withdraw approval of the the applications will be approvable as has evaluated reports from the National new-drug applications for these drugs, supplemented in accord with this an­ Academy of Sciences-National Research pursuant to the provisions of section nouncement. If such request is filed, an Council, Drug Efficacy Study Group, orv 505(e) of the Federal Food, Drug, and the following drugs: Cosmetic Act. Withdrawal of approval of announcement will be published in the the applications will cause any such F ederal R egister setting forth the pro­ A. Preparation containing benacty- visions of section 505(e) of the Act on zine hydrochloride and meprobamate: drugs on the market to be new drugs for the basis of which the Commissioner Deprol Tablets; meprobamate 400 milli­ which an approval is riot in effect. proposes to withdraw approval of such grams with benactyzine hydrochloride Each of the above-named holders of new drug applications and all amend­ 1.0 milligram, per tablet; Wallace Phar­ the new-drug applications for these drugs ments and supplements thereto. maceuticals, Division of Carter-Wallace, has been mailed a copy of the NAS-NRC Inc., Half Acre Road, Cranbury, N.J. report. Any interested person may obtain VTI. Unapproved use or form of drug. a copy of any NAS-NRC report for the A. If the article is labeled or advertised 08512 (NDA 11-226). B. Preparation containing chlorprom­ subject drugs by writing to the office for use in any condition other than those named below. provided for in this announcement, it azine hydrochloride and dextroampheta­ mine sulfate: Thora-Dex Tablets; Communications forwarded in re­ may be regarded as an unapproved new sponse to this announcement should be drug subject to regulatory proceedings chlorpromazine hydrochloride 10 and 25 milligrams with detroamphetamine sul­ identified with the reference number u n til such recommended use is approved DESI 5731 and should be directed to the in a new drug application, or is other­ fate 2 and 5 milligrams per tablet, re­ spectively; Smith, Kline and French attention of the following appropriate wise in accord with this announcement. office and addressed to the Food and B. If the article is proposed for mar­ Laboratories, 1500 Spring Garden Street, Philadelphia, Pa. 19101 (NDA 10-354). Drug Administration, 5600 Fishers Lane, keting in another form or for a use other Rockville, Md. 20852: than the use provided for in this an­ C. Preparations containing phenagly- nouncement, appropriate additional in­ codol: Requests for NAS-NRC report: Press Rela­ formation as described in § 130.4 or 1. Ultran; phenaglycodol 300 milli­ tions Office (CE-200). gram capsules, and 200 milligram Supplements (identify with appropriate NDA § 130.9 of the regulations (21 CFR 130.4, number): Office of Marketed Drugs (BD- 130.9) may be required, including results tablets (NDA’s 10-750 and 11-439) ; and 200) , Bureau of Drugs. of animal and clinical tests intended to 2. Darvo-Tran Pulvules; propoxy­ Original New-Drug Applications: Office of show whether the drug is safe and phene hydrochloride 32 milligrams, New Drugs (BD-100), Bureau of Drugs. effective. aspirin 325 milligrams, and phenagly­ All other communications regarding this an­ A copy of the NAS-NRC report has codol 150 milligrams, per capsule (NDA nouncement: Special Assistant for Drug ,12-032) ; all three preparations marketed Efficacy Study Implementation (BD-201). been furnished to each firm referred to Bureau of Drugs. above. Any other interested person may by Eli Lilly and Company, Box 618, obtain a copy by request to the appro­ Indianapolis, Ind. 46206. This notice is issued pursuant to the priate office named below. D. Preparation containing pyridoxine provisions of the Federal Pood, Drug, Communications forwarded in re­ hydrochloride: Gravidox Parenteral and Cosmetic Act (secs. 502, 505, 52 Stat. sponse to this announcement should be Solution; pyridoxine hydrochloride 50 1050-53, as amended; 21 U.S.C. 352, 355)

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7463 and under the authority delegated to the I ndications shown to be effective, as described under Commissioner of Food and Drugs (21 For mydriasis and cycloplegia for diagnos­ A above, should submit an abbreviated CFR 2.120). tic purposes. new drug application meeting the condi­ tions specified in the regulation, § 130.4 Dated: April 27,1970. D. Indications permitted during ex­ (f) (1) and (2), published in the Fed­ tended period for obtaining substantial S am D. F in e , eral Register April 24, 1970 (35 F.R. Acting Associate Commissioner evidence. Those indications for the drugs 6574) . Such applications should include for Compliance. which are described in paragraph A proposed, labeling which is in accord above as possibly effective (not included with the labeling conditions described [F.R. Doc. 70-5817; Filed, May 12, 1970; in the labeling conditions in paragraph 8:45 a.m.] herein. C) may continue to be used for 6 2. Distribution of any such prepara­ months following the date of this pub­ tion currently on the market without an [DESI 8548] lication to allow additional time within which holders of previously approved approved new drug application may be CERTAIN MYDRIATIC-CYCLOPLEGIC applications or persons marketing the continued provided that: DRUGS drug without approval may obtain and a. Within 60 days from the date of submit to the Food and Drug Adminis­ publication of this announcement in the Drugs for Human Use; Drug Efficacy tration data to provide substantial evi­ F ederal R egister, the labeling of such Study Implementation preparation shipped within the jurisdic­ dence of effectiveness. tion of the Act is in accord with the The Food and Drug Administration E. Marketing status. Marketing of the drugs may continue under the conditions labeling conditions described herein. (It has evaluated reports received from the may continue to include the indications National Academy of Sciences-National described in F and G of this announce­ referenced in paragraph D for the period Research Council, Drug Efficacy Study ment except that those indications refer­ enced in paragraph D may continue to stated.) Group, on the following mydriatic-cyclo- b. The manufacturer, packer, or dis­ plegic drugs: be used as described therein. F. Previously approved applications. tributor of such drug submits, within 60 1. Cyclopentolate hydrochloride, mar­ days from the date of this publication, a keted as Cyclogyl 2 percent with PVP, 1 1. Each holder of a “deemed approved” new drug application (i.e., an applica­ new drug application to the Food and percent, and 0.5 percent, by Schieffelin Drug Administration. and Co., Schieffelin Road, Apex, N.C. tion which became effective on the basis of safety prior to Oct. 10, 1962) for such c. The applicant submits within a rea­ 27502 (NDA 8-548). sonable time, additional information 2. Tropicamide, marketed as Mydri- drug is requested to seek approval of the claims of effectiveness and bring the ap­ that may be required for the approval of acyl 0.5 percent and 1 percent, by Alcon the application as specified in a written Laboratories, Inc., 6201 South Freeway, plication into conformance by submit­ ting supplements containing: communication from the Food and Drug Fort Worth, Tex. 76101 (NDA 12-111). Administration. These drugs are1 regarded as new drugs a. Revised labeling as needed to con­ (21 U.S.C. 321 (p)). Supplemental new form to the labeling conditions described d. The application has not been ruled drug applications are required to revise herein for the drug, and complete cur­ incomplete or unapprovable. the labeling in and to update previously rent container labeling, unless recently H. Unapproved m e or form of drug. approved applications providing for such submitted. 1. If the article is labeled or advertised drugs. A new drug application is required b. Updating information as needed to for use in any condition other than those from any person marketing such drugs make the application current in regard provided for in this announcement, it without approval. to items 6 (components), 7 (composi­ may be regarded as an unapproved new The Food and Drug Administration is tion), and 8 (methods, facilities, and drug subject to regulatory proceedings prepared to approve new drug applica­ controls) of the new drug application until such recommended use is approved tions and supplements to previously ap­ form FD-356H to the extent described in a new drug application, or is other­ proved new drug applications under con­ for abbreviated new drug applications, wise in accord with this announcement. ditions described in this announcement. § 130.4(f), published in the F ederal R eg­ 2. If the article is proposed for mar­ A. Effectiveness classification. The ister April 24, 1970 (35 F.R. 6574). (One keting in another form or for a use other Food and Drug Administration has con­ supplement may contain all the informa­ than the use provided for in this an­ sidered the Academy reports, as well as tion described in this paragraph.) nouncement, appropriate additional in­ other available evidence, and concludes 2. Such supplements should be sub­ formation as described in section 130.4 that: mitted within the following time periods or 130.9 of the regulations (21 CFR 130.4, 1. The drugs are effective for mydriasis after the date of publication of this no­ 130.9) may be required, including results and cycloplegia for diagnostic purposes. tice in the F ederal R egister: of animal and clinical tests intended to 2. The drugs are possibly effective for a. 60 days for revised labeling—the show whether the drug is safe and effec­ Jise in iritis, iridocyclitis and keratitis (to supplement should be submitted under tive. inhibit inflammatory spasm), choroidi­ the provisions of § 130.9 (d) and (e) of A copy of the NAS-NRC report has tis, and lenticular adhesions (to prevent the new drug regulations (21 CFR 130.9) been furnished to each firm referred to formation or remove synechiae). which permit certain changes to be put above. Any other interested person may B. Form of drug. These mydriatic- into effect at the earliest possible time. obtain a copy by request to the appropri­ cycloplegic preparations are sterile solu­ b. 60 days for updating information. ate office named below. tions suitable for ophthalmic admin­ 3. Marketing of the drug may con­ istration. tinue until the supplemental applica­ Communications forwarded in re­ C. Labeling conditions. 1. The label tions submitted in accord with the pre­ sponse to this announcement should be bears the statement “Caution: Federal ceding subparagraphs 1 and 2 are acted identified with the reference number law prohibits dispensing without pre­ upon, provided that within 60 days after DESI 8548 and be directed to the atten­ scription” and a statement that the the date of this publication, the labeling tion of the following appropriate office Product is sterile. of the preparation shipped within the and addressed to the Food and Drug Ad­ ministration, 5600 Fishers Lane, Rock- The drug is labeled to comply with jurisdiction of the Act is in accord with all requirements of the Act and regula­ the labeling conditions described in this viUe, Md. 20852: tions. The labeling bears adequate in- announcement. (It may continue to in­ Requests for NAS-NRC report: Press Rela­ lormation for safe and effective use of clude the indications referenced in para­ tions Office (CE-200). such drug and is in accord with the graph D for the period stated.) Supplements (identify with NDA number); Office of Marketed Drugs (BD-200), Bureau pndelmes for uniform labeling published G. New applications. 1. Any other per­ of Drugs. iv 7a en f EDERAL R egister of February 6, son who distributes or intends to distrib­ Original abbreviated new drug applications rvH-. T^e “Indications” section of the ute such drug which is intended for the (identify as su ch ): Office of Marketed labeling is as follows: conditions of use for which it has been Drugs (BD-200), Bureau of Drugs.

No. 93- FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7464 NOTICES

All other communications regarding this an­ drawal of approval of the application will National Academy of Sciences-National nouncement: Special Assistant for Drug cause any such drugs on the market to be Research' Council, Drug Efficacy Study Efficacy Study Implementation (BD-201), new drugs for which an approval is not in Group, on the following preparations of Bureau of Drugs. effect. neomycin sulfate sterile powder: This notice is issued pursuant to the 3. Within 60 days from publication 1. Mycifradin Sulfate; neomycin sul­ provisions of the Federal Food, Drug, and hereof in the Federal Register the fate sterile powder 0.5, 5.0, or 10 grams Cosmetic Act (secs. 502, 505, 52 Stat. holder of any approved new-drug appli­ per vial; The Upjohn Co., 7171 Portage 1050-53, as amended; 21 U.S.C. 352, 355) cation for such drug is requested to sub­ Road, Kalamazoo, Mich. 49001 (NDA and under the authority delegated to the mit a supplement to his application to 7-837). Commissioner of Food and Drugs (21 provide for revised labeling, as needed, 2. Neomycin sulfate sterile powder, CFR 2.120). which, taking into account the comments 0.5 or 5.0 grams per vial; Philadelphia Laboratories, Inc., 9815 Roosevelt Boule­ Dated: May 5,1970. of the Academy, furnishes adequate in­ formation for safe and effective use of vard, Philadelphia, Pa. 19114 (NDA Sam D. Fine, the drug, is in accord with the guide­ 11-596). Acting Associate Commissioner lines for uniform labeling published in 3. Neomycin sulfate sterile powder, 0.5 for Compliance. the Federal Register of February 6, gram per vial; E. R. Squibb and Sons, [F.R. Doc. 70-5819; Filed, May 12, 1970; 1970 (21 CFR 3.74), and recommends Inc., Georges Road, New Brunswick, N.J. 8:45 a.m.] use of the drug as follows: (The possibly 08903 (NDA 60-366). effective indications may also be included 4. Neomycin sulfate sterile powder, 0.5 for 6 months). or 5.0 grams per vial; Pure Laboratories, [DESI 11267] Inc., 50 Intervale Road, Parsippany, N.J. I ndications FLUOXYMESTERONE WITH ETHINYL 07054. Osteoporosis—senile and post menopausal. The Food and Drug Administration ESTRADIOL The supplement should be submitted concludes that when administered intra­ Drugs for Human Use; Drug Efficacy under the provisions of § 130.9 (d) and muscularly neomycin sulfate powder is Study Implementation (e) of the new-drug regulations (21 CFR probably effective for the indications 130.9 (d) and (e) ), which permit certain described in the labeling guidelines in The Food and Drug Administration changes to be put into effect at the this announcement. has evaluated a report received from the earliest possible time, and the revised Preparations containing neomycin sul­ National Academy of Sciences-National labeling should be put into use within fate sterile powder are subject to the Research Council, Drug Efficacy Study the 60-day period. antibiotic certification procedures pur­ Group, on the following drug: The above named holder of the new- suant to section 507 of the Federal Food, Fluoxymesterone 1.0 milligram with drug application for this drug has been Drug, and Cosmetic Act. Batches of the ethinyl estradiol 0.02 milligram, mar­ mailed a copy of the NAS-NRC report. drug for which certification is requested keted as Halodrin Tablets, by The Up­ Any interested person may obtain a copy should provide for labeling information john Co., 7171 Portage Road, Kalama­ of this report by writing to the office injaccord with labeling guidelines devel­ zoo, Mich. 49001 (NDA 11-267). named below. oped on the basis of this réévaluation The drug is regarded as a new drug. Communications forwarded in re­ of the drug and published in this The effectiveness classification and mar­ sponse to this announcement should be keting status are described below. announcement. identified with the reference number The above named firms and any other A. Effectiveness classification. 1. The DESI 11267 and be directed to the atten­ Food and Drug Administration has con­ tion of the following appropriate office holders of applications approved for a sidered the Academy report and con­ and addressed to the Food and Drug drug of the kind described above are re­ cludes that fluoxymesterone with ethinyl Administration, 5600 Fishers Lane, quested to submit, within 60 days fol­ estradiol is probably effective for use in Rockville, Md. 20852: lowing publication of this announcement the treatment of senile and post-meno­ pausal osteoporosis. Requests for NAS-NRC report: Press Rela­ in the Federal Register, amendments to tions Office (CE-200). their antibiotic applications to provide 2. This drug is possibly effective for Supplements (identify with NDA number) : the treatment of the menopausal syn­ Office of Marketed Drugs (BD-200), for revised labeling. Those parts of the drome; male climacterium; and osteo­ Bureau of Drugs. labeling indicated below should be sub­ porosis in certain patients following long­ Original new-drug application: Office of New stantially as follows (optional additional Drugs (BD-100), Bureau of Drugs. term adrenocorticoid therapy. information applicable to the drug may B. Marketing status. 1. Those indica­ All other communications regarding this tions for which the drug is described in announcement : Special Assistant for Drug be proposed under other appropriate paragraph A above as probably effective Efficacy Study Implementation (BD-201), paragraph headings and should follow may continue to be used for 12 months, Bureau of Drugs. the information given below) : and the indications described as possibly This notice is issued pursuant to the effective may continue to be used for 6 provisions of the Federal Food, Drug, months, following the date of this publi­ and Cosmetic Act (secs. 502, 505, 52 Stat. W arning cation, to allow additional time within 1050-53, as amended; 21 U.S.C. 352, 355) In Patients With Impaired Kidney which holders of previously approved and under the authority delegated to the Function or With Prerenal Azotemia, applications or persons marketing the Commissioner of Food and Drugs (21 Systemic Use of Neomycin Sulfate May drug without approval may obtain and CFR 2.120). Result in Irreversible Deafness an d /o r submit to the Food and Drug Adminis­ Dated: April 27, 1970. Renal Damage, Even With Conven­ tration data to provide substantial evi­ tional Doses. Use Only With E xtrem e dence of effectiveness. Sam D. Fine, Caution in the Presence of Im paired Acting Associate Commissioner Renal Function. 2. At the end of the 6-month and 12- for Compliance. Parenteral neomycin sulfate should month periods, any such data will be not be given concurrently or in series evaluated to determine whether there is [F.R. Doc. 70-5820; Filed, May 12, 1970; with other ototoxic and/or neurotoxic substantial evidence of effectiveness of 8:46 a.m.] drugs such as streptomycin, kanamy- the drug for such uses. The conclusions cin, polymyxin B, colistin and viomy- concerning the drug will be published in [DESI 7837] cin, because the toxicity may be the Federal Register. If no studies have NEOMYCIN SULFATE STERILE additive. been undertaken or if the studies do not The neurotoxicity of neomycin can POWDER result in respiratory paralysis from provide substantial evidence of effec­ neuromuscular blockade, especially tiveness, procedures will be initiated to Drugs for Human Use; Drug Efficacy when the drug is given to patients withdraw approval of the new-drug ap­ Study Implementation simultaneously receiving anesthetics plication for the drug, pursuant to the or muscle relaxants. provisions of section 505(e) of the Fed­ The Food and Drug Administration eral Food, Drug, and Cosmetic Act. With- has evaluated reports received from the FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7465

Description Premature and full-term newborn infants: ested person who desires to have a con­ 4 mg./kg./day, divided in four doses. Neomycin sulfate is an aminoglycoside an­ ference concerning proposed changes in Older infants and children: 7.5-15 mg./ the labeling set forth in this announce­ tibiotic produced from Streptomyces fradiae kg./day, divided in four doses. Therapy with broad spectrum antibacterial properties should not be continued beyond ten days. ment. Requests for such meetings should but high toxicity to the eighth nerve and the Preparation of solutions: Add sufficient be made to the Division of Anti-Infective kidneys. (Additional descriptive information sterile normal saline to the vial to prepare a Drugs (BD-140), at the address given to be included by the manufacturer or dis­ concentration of 250 mg./ml. (E.g.: Add 2 cc. below, within 30 days after the publica­ tributor should be confined to an appropri­ Sodium Chloride Injection U.S.P. to a 0.5 Gm. tion of this notice in the F ederal ate description of the physical and chemical vial of dry powder.) properties of the drug and the formulation.) Register. A copy of the NAS-NRC report has Actions The Pood and Drug Administration concludes that for the following labeled been furnished to each firm referred to Neomycin is effective in vitro against gram­ claims neomycin sulfate powder is above. Any other interested person may positive and gram-negative organisms, in possibly effective: active against many obtain a copy by request to the appro­ concentrations of 5 to 10 mcg./ml. or less. gram-negative and gram-positive bac­ priate office named below. The drug is well absorbed after intramuscu­ Communications forwarded in re­ lar injection and widely distributed in body teria; treatment (intraperitoneal instil­ fluids and tissues. Injection of 300 mg. every lation) of peritonitis and prevention of sponse to this announcement should be 6 hours for four doses, followed by the same peritonitis following peritoneal contami­ identified with the reference number quantity every 12 hours, yields blood con­ nation during surgery; for control of DESI 7837 and be directed to the atten­ centrations of 12-30 mcg./ml. in 48-72 hours. secondary infections of mycotic lesions tion of the following appropriate office If the Kirby-Bauer method of disc sensi­ due to neomycin-sensitive bacteria; for and addressed to the Food and Drug Ad­ tivity is used, a 30 meg. disc should give a use as wet dressings, packs, or irrigations ministration, 5600 Fishers Lane, Rock­ zone of 16 mm. or more when the organism ville, Md. 20852 : is sensitive to neomycin. in secondarily infected wounds and From 30 to 50 percent of a parenteral dose ulcers, varicose ulcers, and affections of Requests for NAS-NRC Report: Press Rela­ is excreted in the urine. the eye such as conjunctivitis, blephari­ tions Office (CE-200). tis, and sty; adjuvant therapy for Amendments (Identify with. NDA number) : I ndications' impetigo and other pyogenic or second­ Division of Anti-Infective Drugs (BD- Intramuscular use of neomycin sulfate arily infected dermatoses; for suppres­ 140) , Office of New Drugs, Bureau of should be restricted to hospitalized patients sion of bacterial growth in the bowel; Drugs. wjth severe systemic infections, due to the All other communications regarding this following organisms, when these are resis­ for treatment of trophic ulcers and sec­ announcement: Special Assistant for Drug tant to other less toxic antimicrobials but ondarily infected burn areas; and for Efficacy Study Implementation (BD-201), susceptible to neomycin: Pseudomonas intestinal instillation in emergency Bureau of Drugs. aeruginosa, H. influenzae, Klebsiella pneu­ abdominal surgery. moniae, P. vulgaris, E. coli, A. aerogenes. Batches of the drug which bear label­ This notice is issued pursuant to the Neomycin sulfate has been successfully ing with indications regarded as prob­ provisions of the Federal Food, Drug, used in urinary tract infections due to sus­ ably or possibly effective and otherwise and Cosmetie Act (secs. 502, 507, 52 Stat. ceptible pathogens, but should be reserved in accord with the labeling conditions 1050-51, as amended, 59 Stat. 463, as for cases in which no other antimicrobial herein will be accepted for release or amended; 21 U.S.C. 352, 357) and under agent is effective. certification by the Food and Drug Ad­ the authority delegated to the Commis­ Contraindications ministration for a period of 12 months sioner of Food and Drugs (21 CFR 2.120). Neomycin sulfate is contraindicated in for probably effective claims and 6 patients known to be sensitive to it. months for possibly effective claims, Dated: May 4,1970. from the publication date of this an­ Precautions nouncement to allow any applicant to Sam D. Fine, Neomycin sulfate is potentially nephro­ obtain and submit data to provide sub­ Acting Associate Commissioner toxic. Urinary examinations for albumin, stantial evidence of effectiveness of the for Compliance. casts and cells should be made before start­ drug for use in such conditions. [F.R. Doc. 70-5818; Filed, May 12, 1970; ing therapy and daily: BUN and audiometrie 8:45 a.m.] determinations should also precede therapy The Food and Drug Administration and be repeated during neomycin sulfate regards neomycin sulfate powder as administration. Inadequate renal function lacking substantial evidence of effective­ [DESI 12019] interferes with neomycin excretion, produc­ ness for the following claims: relatively ing high blood levels which increase the risk nonirritating and low index of sensi­ PAROMOMYCIN SULFATE of both ototoxicity and nephrotoxicity (see tivity; micro-organisms do not readily Warning above). develop resistance to neomycin; prophy­ Drugs for Human Use; Drug Efficacy The possibility of acute toxicity increases laxis against infection incident to cytos­ Study Implementation in premature infants and neonates. copy and retrograde pyelography; pre­ Avoid concurrent use of curariform muscle The Food and Drug Administration relaxant drugs and drugs which potentiate vention of postcatheterization sepsis or a has evaluated reports received from the neuromuscular blocking effects (ether, tu- postinstrumental reaction; for the treat­ National Academy of Sciences-National bocurarine, succinylcholine, gallamine, déc­ ment of nonspecific urethritis; and for Research Council, Drug Efficacy Study améthonium and sodium citrate). If signs use following transurethral resection. of respiratory paralysis appear, respiration Preparations containing the drug with Group, on the following antibiotic drugs should be assisted as required, and the drug labeling bearing these claims will no for oral use: discontinued. longer be acceptable for certification or 1. Paromomycin sulfate, marketed as As with other antibiotics, use of this drug release after the publication date of this Humatin Kapseals containing the niay result in overgrowth of nonsusceptible announcement. equivalent of 250 mg. paromomycin base organisms, including fungi. If superinfection per capsule (NDA 12-019); and occurs, appropriate therapy should be Any person who would be adversely instituted. affected by deletion of the claims for 2. Paromomycin sulfate, marketed as which the drug lacks substantial evi­ Humatin Syrup Pediatric, containing the Usage in Pregnancy dence of effectiveness, as described in equivalent of 125 mg. paromomycin base The safety of this drug in human preg­ this announcement, may, within 30 days per 5 ml. (NDA 12-790); both marketed nancy has not been established. following the publication date hereof, by Parke, Davis and Co., Joseph Campau Adverse Reactions submit comments or pertinent data bear­ at the River, Detroit, Mich. 48232. The Food and Drug Administration Hypersensitivity reactions, primarily skin ing on the effectiveness of the drug for ashes, may occur with the use of neomycin such use. To be considered acceptable concludes that paromomycin sulfate is sulfate. for review, the data must be well- effective for acute and chronic intestinal organized and consist of adequate and amebiasis, and as adjunctive therapy in Dosage and Administration well-controlled studies not previously the management of hepatic coma. Adults: 15 mg./kg./day in four equally submitted. Preparations containing paromomycin spaced, divided doses. The total daily dose Representatives of the Administra­ sulfate are subject to the antibiotic cer­ s ould not exceed one gram. tion are willing to meet with any inter­ tification procedures pursuant to section

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7466 NOTICES

507 of the Federal Food, Drug, and tion; Shigella, 'paratyphoid and other the authority delegated to the Commis- Cosmetic Act. Requests for certification Salmonella carriers; and suppression of sioner of Food and Drugs (21 CFR 2.120). of the drugs in the dosage forms de­ microflora of the bowel before surgery. Dated: April 27,1970. scribed above should provide for labeling Batches of the drug which bear labeling information in accord with labeling with these claims and are otherwise in Sam D. Fine, guidelines developed on the basis of this accord with the labeling conditions Acting Associate Commissioner réévaluation of the drug and published herein will be accepted for release or for Compliance. in this announcement. certification by the Food and Drug Ad­ [F.R. Doc. 70-5822; Filed, May 12, 1970; The above-named firm and any other ministration for a period of 6 months 8:46 a.m.] holders of applications approved for a from the publication date of this an­ drug of the kind described above are re­ nouncement to allow any applicant to quested to submit, within 60 days fol­ obtain and submit data to provide sub­ [DESI 50127] lowing publication of this announcement stantial evidence of effectiveness of the PHTHALYLSULFATHIAZOLE AND in the F ederal R egister, amendments to drug for use in these conditions for NEOMYCIN SULFATE their antibiotic applications to provide which it has been evaluated as possibly for revised labeling. Those parts of" the effective. Drugs for Human Use; Drug Efficacy labeling indicated below should be sub­ The Food and Drug Administration Study Implementation stantially as follows (optional additional regards paromomycin sulfate as lacking information applicable to the drug may substantial evidence of effectiveness for The Food and Drug Administration be proposed under other appropriate its claimed indications: acute dysentery has evaluated a report received from the paragraph headings and should follow caused by Salmonella, Shigella, and National Academy of Sciences-National the information given below) : pathogenic Escherichia coli; and diar­ Research Council, Drug Efficacy Study rhea due to undiagnosed nonspecific in­ Group, on Neothalidine Granules (for Description fections. Preparations containing the oral suspension); 1.5 grams phthalylsul­ Paromomycin sulfate is a broad spectrum drug with labeling bearing these claims fathiazole and 1.0 gram neomycin sul­ antibiotic produced by a strain of Strepto- fate, per 15 milliliters when reconsti­ myces rimosus. It is a white, amorphous, will no longer be acceptable for certifica­ stable, water soluble product. (Other de­ tion or release after the publication date tuted; marketed by Merck and Co., Inc., scriptive information to be included by the of this announcement. Rahway, N.J. 07065 (NDA 50-127). manufacturer or distributor should be con­ Any person who would be adversely af­ The Food and Drug Administration fined to an appropriate description of the fected by deletion of the claims for concludes that phthalylsulfathiazole physical and chemical properties of the drug which the drug lacks substantial evidence with neomycin sulfate is possibly effec­ and the formulation.) of effectiveness, as described in this an­ tive for its labeled recommendations for Actions nouncement, may, within 30 days follow­ use in preparation of patients for surgery The in vitro and in vivo antibacterial ac­ ing the publication date of this of the intestinal tract; maintenance of tion of paromomycin closely parallels that announcement, submit comments or per­ low intestinal bacteria count postoper- of neomycin. It is poorly absorbed after oral tinent data bearing on the effectiveness atively; and prevention of development administration, with almost 100 percent of of the drug for such use. To be considered of neomycin-resistant strains of Aero- the drug recoverable in the stool. acceptable for review, the material must bacter aerogenes. I ndications be well-organized and consist of ade­ Preparations containing phthalylsul­ Paromomycin is indicated in the following: quate and well-controlled studies not fathiazole and neomycin sulfate are sub­ 1. Intestinal amebiasis—acute and chronic. previously submitted. ject to the antibiotic procedures under Note: It is not effective in extra-intestinal Representatives of the Administration section 507 of the Federal Food, Drug, amebiasis. are willing to meet with any interested and Cosmetic Act. To allow applicants to 2. Management of hepatic coma-as ad­ person who desires to have a conference obtain and submit data to provide sub­ junctive therapy. concerning proposed changes in the stantial evidence of effectiveness of the Contraindications labeling set forth in this announcement. drug in those conditions for which it has Paromomycin is contraindicated in indi­ Requests for such meetings should be been evaluated as possibly effective, viduals with a history of previous hypersen­ made to the Division of Anti-Infective batches of preparations containing sitivity reactions to it. It is also contraindi­ Drugs (BD-140), at the address given phthalylsulfathiazole and neomycin sul­ cated in intestinal obstruction. below, within 30 days after the publica­ fate which bear labeling with these indi­ Precautions tion of this notice in the Federal cations will continue to be accepted for The use of this antibiotic, as with other Register. release under the provisions of section antibiotics, may result in an overgrowth of A copy of the NAS-NRC report has 507(a) by the Food and Drug Adminis­ nonsusceptible organisms, including fungi. been furnished to the firm referred to tration for a period of 6 months. after Constant observation of the patient is essen­ above. Any other interested person may publication of this announcement in the tial. If new infections caused by nonsus­ obtain a copy by request to the Federal Register. ceptible organisms appear during therapy, appropriate office named below. appropriate measures should be taken. At the end of the 6-month period, any Communications forwarded in re­ such data will be evaluated to determine The drug should be used with caution in sponse to this announcement should be Individuals with ulcerative lesions of the whether there is substantial evidence of bowel to avoid renal toxicity through inad­ identified with the reference number effectiveness for such uses. After that vertent absorption. D ESI12019 and be directed to the atten­ evaluation, the conclusions concerning tion of the following appropriate office Adverse Reactions the drug will be published in the F ederal and addressed to the Food and Drug Register. If no studies have been under­ Nausea, abdominal cramps and diarrhea Administration, 5600 Fishers Lane, taken, or if the studies do not provide have been reported In patients on doses over Rockville, Md. 20852: substantial evidence of effectiveness, such 3 Gm. daily. Requests for NAS-NRC report: Press Rela­ drug will not be eligible for release or Dosage and Administration tions Office (CE-200). certification. Intestinal amebiasis. ___ Amendments (identify with NDA number) : A copy of the NAS-NRC report has Adults and Children: Usual dose—25-35 Division of Anti-Infective Drugs (BD-140), Office of New Drugs, Bureau of Drugs. been furnished to the firm referred to mg/Kg. body wt. in divided doses three times above. Any other interested person may daily with meals for 5-10 days. All other communications regarding this an­ nouncement: Special Assistant for Drug obtain a copy by request to the appropri­ Management of hepatic coma. Efficacy Study Implementation (BD-201), ate office named below. Adults: Usual dose—4 Gm. daily in divided Bureau of Drugs. Communications forwarded in re­ doses for 5—6 days. This notice is issued pursuant to the sponse to this announcement should be The Food and Drug Administration provisions of the Federal Food, Drug, and identified with the reference number concludes that for the following indica­ Cosmetic Act (secs. 502, 507, 52 Stat. DESI 50127 and be directed to the Food tions paromomycin sulfate is possibly 1050-51, as amended; 59 Stat. 463, as and Drug Administration, 5600 Fishers effective: diarrhea due to mixed infec­ amended; 21 U.S.C. 352, 357) and under Lane, Rockville, Md. 20852:

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7467

Requests for NAS-NRC Report: Press Rela­ though the current record provides a to justify a conclusion that these sub­ tions Office (CE—200). basis for our tentative views expressed stantially higher new commission levels Amendments (Identify with NDA number) : Division of Anti-Infective Drugs (BD- herein, we believe the public interest re­ are not reasonably compensatory— 140), Office of New Drugs, Bureau of Drugs. quires that the parties to this proceed­ either on an overall basis or with respect All other communications regarding this an­ ing be given an opportunity to present to any product line. nouncement: Special Assistant for Drug argument to the Board on whether such Various aspects of the new commission Efficacy Study Implementation (BD-201), views should be made final and, if not, structure are reviewed below. Bureau of Drugs. on the course of action the Board should Air tours. The instant resolution in­ This notice is issued pursuant to the follow in deciding the matter. creased from 10 percent to 11 percent the provisions of the Federal Food, Drug, and Commission provisions. The carriers commissions payable on advertised air Cosmetic Act (secs. 502, 507, 52 Stat. state that the commission adjustments tours and independent air tours. The 1050-51, as amended, 59 Stat. 463, as do not simply involve an across-the- airlines retained the 10 percent level for amended; 21 U.S.C. 352, 357) and under board increase in the rates paid for the convention tours and incentive tours. We the authority delegated to the Commis­ sale of all product lines. Rather, the ad­ note that a convention tour is defined sioner of Food and Drugs (21 CFR 2.120). justments emphasize the promotion of as one involving travel to a trade fair, new discretionary travel, sales for which show, exhibition or convention, and that Dated: May 4, 1970. the airlines can properly feel justified in an incentive tour is one offered, for ex­ S am D. F ine, paying premium commissions because of ample, as a prize. Associate Commissioner the greater value from travel agents’ In the Board’s earlier order, the car­ for Compliance. sales efforts. Thus, certain commission riers were asked to respond to the fol­ rates have hot been changed at all, while lowing question: “Is there justification [PR. Doc. 70-5816; Piled, May 12, 1970; others have been increased.4 In view of for retaining the 10 percent commission 8:45 a.m.] the magnitude of these commission level level on convention and incentive air increases over those previously in effect tours, while the rate applicable to inde­ for so many years (a net increase in ex­ pendent and advertised air tours has CIVIL AERONAUTICS BOARD cess of 23 percent), the carriers believe been increased to 11 percent?’’ the new rates must be deemed prima The carriers’ answer was that inde­ [Dockets Nos. 21305, 21121; Order 70-5-35] facie as compensatory for all product pendent and advertised air tours are AIR TRAFFIC CONFERENCE OF AMER­ lines. Those who would argue otherwise tools for developing discretionary travel have a substantial burden of proof which justify a premium incentive. Al­ ICA AND DINERS/FUGAZY TRAVEL to overcome, according to the ATC SERVICE, INC. though some creative selling is involved members. in convention and incentive tours, there Order Stating Tentative Findings and The value to the carriers of travel is a distinction; i.e., neither is intended Setting Matter for Oral Argument agents’ sales efforts with respect to a for sale to the public. While promotion given product line has been noted as an of a convention tour might increase at­ Adopted by the Civil Aeronautics important consideration in determining tendance at a convention, the carriers Board at its office in Washington, D.C., the appropriate commission to be paid feel that most of the conventioners on the 8th day of May 1970. for the sale of that type of air travel. would go regardless of any such promo­ By Order 69-8-75 (August 13, 1969), Furthermore, the carriers state that an tion. In short, incentive and convention the Board temporarily approved those analysis by the airlines’ special financial tours do not have the same creative im­ provisions of a resolution of the air committee 'which reviewed the joint pact on air travel as the other two types. carrier members of the Air Traffic Con­ airline-agent cost study5 shows that The carriers also believe the rate is ference of America (ATC) establishing a nothing in the cost study can be deemed compensatory because these tours nor­ higher level of commissions for travel mally involve large group sales. agents for the sale of domestic air trans­ 4 The present commission structure The agents contend, however, that portation. In addition, the Board adopted by the members of ATC and tempo­ there is no justification for this differen­ deferred action on several companion rarily approved by Order 69-8-75 is shown tiation in commission levels. They argue provisions dealing with the ATC process below, together with the commission rates that it is merely another effort by the for the selection and retention of travel previously in effect : carriers to discourage travel agents from agents and related matters, and invited servicing members of the traveling pub­ public comments on the entire resolu­ Domestic product line Previous Present lic making journeys for business pur­ tion.1 - rate rate poses. They point out that the effort Comments in response to Order 69-8- being made by airlines, the hotel indus­ 1. Point-to-point: 75 were received from the Department of (a) $0.00 to $70.00...... f5%—$1 try and others to encourage persons Justice, the members of ATC, the Asso­ I minimum. making business trips to expand them ciation of Retail Travel Agents (ARTA) ,2 (b) $70.01 to $140.00— 5% 16%. into personal and pleasure trips more (c) $140.01+______17%. the American Society of Travel Agents (d) Inplant Offices__ 3% 3%. than justifies the payment of the incre­ (ASTA), the Association of Bank Travel 2. Family travel: ment on a tour sold in conjunction with (a) Family plan...... Bureaus, the American Express Com­ (b) Other (includes the convention in the same manner as pany, the American Automobile Associa­ travel by families f8%—$1 the carriers propose to pay the incre­ tion (AAA), the Greater Independent during family 1 7% plan tariff |8%—$1 ment for advertised and independent air Association of National Travel Service, “blackout” 1 minimum. tours. Inc. (GIANTS), Diners/Fugazy,8 and periods). 3. Discover America__ 7% 8%—$1 'Upon consideration of this issue, we over 50 individual travel agents. minimum. have tentatively decided to approve the Upon consideration of the material 4. Tours: carriers’ tour commission proposals as available at this time, we have decided (a) Advertised...... 10% n%. (b) Independent____ 10% n%. presented. The carriers’ rationale does to hear oral argument on the matter. Al- (c) Convention...... 10% 10%. not seem unreasonable. The joint air­ (d) Incentive-...... 10% 10%. 5. TJATP: line-agent cost study demonstrated that 1 Order 69-8-75 contains as an appendix (a) Point-to-point___ 0 0. travel agents’ average costs, expressed the full text of the resolution. (b) Discover 0 8%—$1 as a percent of sales, were 8.74 percent 3 Joining in ARTA’s comments are Peter America. minimum. (c) Family plan...... 0 8%—$1 for the sale of air tours, and that agents rimes International, Inc., and Ober Steam­ minimum. were able to achieve reasonable profits ship and Tourist Agency, Inc. (d) T ours...... (Same as (Same as 3 By motion filed Sept. 15, 1969, Diners/ tours tours from the sale of all types of air tours. requested that on earlier petition it above). above); Thus, the carriers’ decision to increase am? Docket 21121 be consolidated herein, the commission rate on advertised and *** made a party to the instant ■Airline and Travel Agent Domestic Air independent tours to 11 percent should matte«?1118’ W® have decided to grant the Travel Marketing Cost Study (Touche, Ross, increase agents’ profits from the sale of Bailey and Smart, December 1968). these product lines, as well as provide

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7468 NOTICES added incentives to undertake even mitting supporting economic data.8 should not reasonably exceed the level of greater promotional efforts. ASTA, ARTA, and others suggest that 8 percent. Accordingly, the Board will The 1 percent distinction in commis­ unless the Board is prepared to base its entertain argument on the question of at sion rates seems reasonable, particularly findings on the cost study, an evidentiary what point within this range it would be as the agents are not required to con­ hearing on the matter should be appropriate to establish the point-to- struct or locate the basic market involved instituted. point commission level. in selling convention and incentive air In the Board’s view, the commission In-plant sales. The present rules gov­ tours. Thus, the new commission struc­ structure, in toto, should provide reason­ erning in-plant facilities arose from an ture, while providing the average agent able compensation to agents for the sale ATC resolution banning sales at agency with significant profits on all tour sales, of domestic air transportation. We note locations on the premises of commercial should reward those agents who actively the cost study determined that, expressed customers. The Board disagreed with seek to tap new tour markets not now as a percent of sales, it cost the travel such prohibition, but did decide that served. agent 8.14 percent to sell the domestic these operations should be permitted un­ Family plan and discover America point-to-point product line. Thus, under der carrier rules.10 Ultimately, the Board sales. Under the terms of the resolution, the preexisting rate level (5 percent) the approved a resolution of the ATC mem­ the commission rate for the sale of “Dis­ average agent received $3.14 less than his bers embodying rules which, inter alia, cover America” and “Family Plan” travel costs on the sale of $100 worth of point- provide for a 3 percent commission on has been increased from 7 percent to to-point transportation. Under the pres­ point-to-point sales made at in-plant 8 percent. The carriers have also decided ent commission the agent receives $2.14 locations.11 to pay commissions on such sales made less than his costs on the same sale. Sim­ The carriers have pointed out that, in under the “Universal Air Travel Plan” ilarly, when selling the average value developing a new commission structure and, in addition, have agreed to pay an ticket, found to be $83.87, the agent re­ which would reward and encourage the 8 percent commission on sales involving ceives $1.80 less than his costs on every promotion and sale of personal, discre­ family travel during “Family Plan ‘black­ sale under the new commission schedule tionary air travel, they concluded that an out’ ” periods. We note that the carriers’ approved by Order 69-8-75. We note also increased commission rate for in-plant position is that such increases reflect the that the sale of point-to-point tickets is sales was not warranted. On the other value to them of agent activities in these singularly important to agents, repre­ hand, the agents contend that there is discretionary air travel markets. senting on an average 63 percent of their ample reason for increasing the point- bookings (sales) and 56 percent of their to-point commission rate. Thus, ASTA The travel agents generally seem to revenues. By comparison, air tours, which suggests that an appropriate rate can be support these proposals. command the highest commissions, rep­ reached by substracting from agents’ As in the case of air tour sales, the cost resent 5 percent of agents’ bookings and point-to-point sales costs at “standard study found that the average travel agent 9 percent of their revenues, according to locations” those specific costs which are was able to realize significant percentage the cost study. not generally incurred at in-plant loca­ profits from the sale of “Discover Amer­ In pursuit of the basic objective of de­ tions. ASTA believes that a commission ica” and “Family Plan” tickets. These veloping a reasonable commission struc­ level of 5 percent is fully justifiable. profits should be enhanced by the alter­ ture, it appears to the Board that the ARTA urges a rate of 6 percent. Don ations in the commission structure men­ rate on any one product line could be Travel Service, Inc. argues that the in- tioned above. Accordingly, it appears to fixed at cost or below cost, provided an plant commission rate be established at the Board that approval of these pro­ opportunity for profit from the sale, of all a level of 2 percent below that which is posals would be warranted. domestic air transportation existed else­ paid for point-to-point sales made at Point-to-point sales. The carriers be­ where in the commission structure.* But other approved agency locations. # lieve, as mentioned above, that the value clearly a commission rate on any par­ The Board finds no clear basis for con­ to them of the agents’ effort in selling ticular product line could not be fixed cluding that commissions on point-to- a particular product line is a significant too far below cost without distorting the point “in-plant” sales should necessarily factor in determining the proper com­ commission structure, creating hardship be increased at this time. We understand mission. Since they consider the promo­ for individual agencies whose business that offices of this nature are relatively tion of discretionary pleasure travel of unavoidably consists of a heavy propor­ few in number (8). Furthermore, their particular value, the carriers feel justi­ tion of that product line, and hence operation was not examined in the course fied in paying a premium for services in negating achievement of a reasonable of the cost study, nor is it apparent that this area. Thus, they are convinced that commission structure. the findings of such study necessarily the sliding scale is a better formula than On the basis of available data it is the offer an appropriate point of departure a single rate because “it offers the travel Board’s tentative view that the bottom for consideration of the matter. More­ agent incentive to concentrate his efforts point of the permissible range for point- over, no meaningful economic data on on the development of discretionary to-point commissions should not be be­ the costs of such offices have been sub­ travel, which consists in large part of the low 7 percent, without regard to the value mitted in this proceeding.“ Under these longer stage lengths.” 8 of a ticket. By the same token, there may circumstances, the Board is not disposed All of the travel agents filing comments well be persuasive reasons for conclud­ to suggest a change in the present rate. argue in favor of increased commissions ing that the rate on this product line Universal air travel plan point-to-point on point-to-point sales. Among other should be above 7 percent in order more sales. The instant resolution made fully things, the agents note that the sliding closely to approximate cost. On this basis commissionable, under UATP» sales in­ scale (1) is inadequate because it does we would believe that the upper range volving “Discover America” and “Family not cover costs, (2) is in invèrse relation­ Travel” in addition to tour sales which ship to variations in the costs of han­ previously were commissionable. Point- dling tickets of different values,7 (3) im­ 8 ARTA notes: “The unanimity rule fol­ to-point sales at present are not com­ poses a severe administrative burden on lowed by the air carriers in adopting agree­ missionable. agents, and (4) has varying economic ments fixing commissions denies to travel In the order granting temporary ap­ impact depending on a geographical lo­ agents, the carriers and the public the bene­ fits of price competition in commission rates proval to the new commission changes cation. Furthermore, the agents argue for the services of travel agents and assures the Board asked: “Should the commis­ that the carriers have never attempted to that commission levels are fixed upon a sion rates payable on point-to-point sales justify the commission levels by sub- lowest-common-denominator basis among be made applicable to sales made under the carriers rather than upon the need for a fair, equitable and compensatory commis­ * Carriers’ comments p. 30. sion structure.” ARTA comments p. 6. 10 Order E-21726, Jan. 27,1965. »For example, ASTA contends: “The cost 9 in this connection, we note that the previ­ 11 Order E-24860, Mar. 16,1967. of handling a lower value ticket as a per­ ous and current commission levels do not u It may also be significant that none o centage of its value is higher than the cost of appear to have fostered an agency industry the persons currently operating approved - handling a higher value ticket as a percent­ which is stagnant or which is unable to ac­ plant locations have filed Individual co age of its value.” ASTA comments p. 22. commodate the growth in air transportation. ments concerning the matter.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7469 the Universal Air Travel Plan? If not, cording to the carriers, is designed to revenue-producing activities.” The why not?” provide an objective standard by which agents seem particularly interested in In responding, the carriers made to administer the preexisting ATC re­ applying service charges for ticket can­ these points: UATP point-to-point sales quirement that an agent is expected to cellations and revalidations and for the involve “business” travel almost exclu­ provide an adequate amount of business preparation of complex itineraries. sively. Such travel is not generated by in order to justify his retention. In this connection, the Board believes the sales efforts of a travel agent; but, We note that agents oppose the that when a travel agent acts within the rather, is dictated by a company’s busi­ “quota” (entry) requirement on the scope of his representation of the air ness requirements. Travel agents are basis that it raises an arbitrary and un­ carrier, he may not demand or collect neither required nor encouraged in any reasonable barrier, both to entry into the any charges beyond those set forth in the way to sell UATP point-to-point travel, travel agency business and to expansion carrier’s tariffs. However, where the and virtually none is sold by them. As in that business through the addition of travel agent acts as an advisor or con­ more than 100 different credit cards are new branch offices. Many agents also op­ sultant for his client, performing serv­ accepted by one or more ATC members, pose the “productivity” requirement, as­ ices neither covered in, nor contemplated the exclusion of UATP does not hinder serting that, if implemented, it would by, tariff requirements, nor part of the agents’ promotion of discretionary travel force them out of business. The Depart­ carrier’s obligation, he acts as a private through use of such other credit cards. ment of Justice contends that the two entrepreneur. Unless prohibited from Finally, there is no reason to underwrite requirements amount to collective re­ doing so by his agency agreement, as an agent’s extension of credit and also fusals to deal and, as such, are per se vio­ approved or conditioned by the Board, pay him a fee to serve the commercial lations of the antitrust laws u and hence and in the absence of any unfair or de­ account which the carriers developed cannot be approved absent a showing by ceptive practice, the Board believes the through the sale of the UATP program. the carriers that the procedures are re­ agent may make reasonable charges for The agents contend that the public quired either to meet a serious trans­ his services insofar as the limitations of continues to request them to write UATP portation need or to secure important the Federal Aviation Act are involved. point-to-point tickets, that it costs them public benefits.16 Of course, those service charges must be as much to write a UATP ticket as it does On the basis of the present record, it assessed under circumstances which any other point-to-point ticket, and that does not appear that the carriers have would preclude any implication that the it is inequitable for the carriers to deny made a showing which would justify fa­ charges were tied to, or in connection them revenues on these sales. vorable action on the foregoing. Conse­ with, air transportation offered by the It is not apparent to the Board that quently, we have tentatively decided to carrier. these sales should be commissionable. disapprove these two provisions. Among It is evident from the foregoing that Presumably, requests to agents to issue other things, we have not seen any evi­ the legality of any given service charge point-to-point tickets under UATP are dence that the higher commission struc­ may not be free from doubt, and hence relatively few in number, and hence the ture, in effect since September 1, 1969, such determination should not be left present situation would not seem to im­ has increased the rate of growth of to each individual travel agent as would pose an undue burden on the agents. agency locations. Thus, the predicate for be the case under the carriers’ proposal. There are, as the carriers have noted, these proposals is not readily apparent. In short, we cannot see that relationships various other credit programs available. Any proposal that has as its primary among agents, between carriers and Thus, the omission of UATP would not aim the restriction of entry into the appear to be significant, nor does the rec­ travel agency business or which could agents, and between agents and their ord contain any compelling evidence that cause the termination of existing agen­ customers would be enhanced by a pro­ the status quo should be altered. cies must be bottomed on the clearest posal as broad and vague as that pro­ Furthermore, the carriers have made evidence. We do not find this to be true posed. At minimum, it would seem that important adjustments in the commis­ here. Also, as has been pointed out by at any service charge program must, of sion structure as a whole to meet present- least one agent, unilateral, rather than day circumstances. Consequently, the necessity, be specific to avoid wide-spread collective, carrier action may be a better public confusion. Board does not propose to withdraw its way in which to deal with the issue of approval of the provision in the ATC Separation of agency and other activ­ agency resolution prohibiting the pay­ productivity. Notwithstanding our seri­ ities.18 The carriers’ views are: (1) The ment of commissions to travel agents on ous concern with these particular pro­ premises occupied by an agent are a sig­ point-to-point UATP sales. cedures, however, we endorse the desir­ nificant factor in its ability to serve the ability of insuring that the public is Selection and R etention P rovisions public. (2) Ideally, a travel office should served by qualified agents under a pro­ Limitation on entry and productivity be located in its own separate premises provisions. The carriers state that the gram which will provide a healthy finan­ and the people in the office should devote Proposal to limit entry into the travel cial climate for the industry. full time to serving the traveling public. agency business is designed basically to Service charges. With respect to the (3) It is impossible for agency person­ avoid any proliferation of agents because provision which would allow agents to of the more attractive commission rates. nel to function effectively if subject to assess service charges, we do not find that distractions by the transaction of other In turn, such restriction will allow exist­ the record provides an adequate basis for ing agents to reap the benefits of the types of business in their midst. (4) increased commissions. These steps are a tentative finding on the merits.17 The “Reasonable standards of adequacy as to necessary, according to the airlines, “if a carriers’ action in this regard is bot­ dimension and appearance” means that financially healthy travel agency indus­ tomed, we note, on the belief that com­ the agency location “be in keeping with try is to become and remain a reality.” 13 pensation for special customer service the carriers’ image of professionalism The “productivity” requirement,14 ac- will better serve the client because the and service and that it be consistent with agent can devote more time to these cus­ the level of other business establishments - T he requirement in question provide tomer requirements “without undue con­ in. the neighborhood.” 19 mat no new agent will be added to the AT< cern about being deviated from other list of approved agents in areas where 25 per ASTA claims the rule is too vague and cent or more of the existing locations whic] needs clarification, particularly with ave been in business two or more years hav 15 Klor’s v. Broadway Hale Stores, 359 U.S. respect to wjaat constitutes reasonable ot sold at least $150,000 in air passenge 207 (1959), United States v. General Motors transportation on Standard Agent Ticket Corporation, 384 U.S. 127 (1966). u nn^ most recent calendar year. 16 Local Cartage Agreement Case, 15 CAB w An agent’s office must be identified iio+ Provi<*es f°r the removal froih th 850, 853 (1952). -clearly as a travel agency and must be “ade­ st °f approved agents those who fail t 17 This provision would aUow agents to quate in dimensions and appearance to con­ acmeve total annual air sales of $150,000 O] assess service charges to customers to the duct the business of a travel agency scheduied certificated United States and for extent permitted by the Act and the Board’s representing the carrier.” e‘gn air carriers. regulations. 19 Carriers’ comments p. 20.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7470 NOTICES standards. ARTA believes the proposals McManus, Diners/Fugazy, the Greater On May 4, 1970, Ross filed a response should be the subject of carrier-agent Independent Association of National to the Postmaster General’s amended discussions. AAA reports the resolution Travel Services, Inc., Don Travel Serv­ reply and agreed that the rates supported will work a hardship on it because some ice, Inc., Los Altos Travel Center, Peter by the Postmaster General, as set forth of its offices, for purposes of efficiency Grimes International, Inc., Ober Steam­ above, are fair and reasonable rates of and economy, have been organized on a ship and Tourist Agency, Inc., and the compensation. physically integrated basis to offer vari­ Department of Justice and shall be pub­ The Board finds it is in the public ous services including travel. lished in the F ederal R egister. interest to determine, adjust and estab­ Here again, the record does not con­ lish the fair and reasonable rates of tain sufficient evidence of the economic By the Civil Aeronautics Board. compensation to be paid by the Post­ or other advantages or disadvantages of [seal] P hyllis T. K aylor, master General for the transportation the proposal when viewed from the Acting Secretary. of mail by aircraft between the afore­ standpoint of the carriers, the agents [F.R. Doc. 70-5882; Filed, May 12, 1970; said points. Upon consideration of the and the traveling public. Oral argument 8:51 a.m.] petitions and other matters officially will provide an opportunity to focus on noticed, it is proposed to issue an order1 these considerations. to include the following findings and Limited representation. We also have [Docket No. 21857; Order 70-5-33] conclusions: decided tentatively to disapprove the ROSS AVIATION, INC. On and after January 27, 1970, the provision of the resolution which speci­ fair and reasonable final service mail fies that an agent may limit his repre­ Order To Show Cause Regarding rates per great circle aircraft mile to be sentation to certain of the carriers’ prod­ Establishment of Service Mail Rates paid in their entirety by the Postmaster uct lines.20 The carriers state that this General to Ross Aviation, Inc., pursuant provision is permissive, and that spe­ Issued under delegated authority to section 406 of the Act for the trans­ cialization is common in all types of May 7, 1970. portation of mail by aircraft, the facili­ businesses and works to the benefit of Final service mail rates established by ties used and useful therefor, and the all. On the other hand, the agents gen­ orders 68-12-72, 69-3-29, 69-10-90, services connected therewith, between erally oppose the rule, claiming that it 68-12-128, 69-2-70, and 69-2-67 for the the following points shall be as follows: is inconsistent with the basic philosophy transportation of mail by aircraft are that the agent should be an all-around currently in effect for Ross Aviation, Inc. Route Cents travel counselor holding himself out as (Ross), an air taxi operator under 14 per mile being able to assist all members of the CFR Part 298. traveling public in obtaining the benefit On January 27, 1970, Ross filed a peti­ 1 ______Poteau, McAlester, and Oklahoma 38.85 tion requesting the Board to fix new City, Okla. of services offered by the carriers. 2 ...... Altus, Lawton, and Oklahoma 55.23 The Board is inclined to agree with final service mail rates for routes in seven City, Okla. the agents. In short, we cannot find that different dockets. The Board consolidated 3 ____Ponca City, Enid, and Oklahoma 49.91 City, Okla. approval of this provision would serve these seven dockets into the above docket 4 ...... Martinsburg, Clarksburg, and 39.84 any valid purpose or provide any real or number. On April 9,1970, the Postmaster Charleston, W. Va. 5 ___ Florence and Columbia, S.C., and 49.09 lasting benefits to carriers, agents, or the General filed a reply to Ross’ petition. Atlanta, Ga. public. The Postmaster General stated that it 6 .____ Savannah, Augusta, and Atlanta, 51.81 was in agreement with Ross that the Ga. As noted at the outset, we believe that '7 ...... Charleston • and Columbia, S.C., 61.85 oral argument on the matter is appro­ present rates are no longer fair and rea­ and Charlotte, N.C. priate; however, it is not apparent that sonable because of increased costs ex­ a full evidentiary hearing is warranted. perienced by Ross which were not known The record in this docket is replete with or reasonably foreseeable at the time the Accordingly, pursuant to the Federal data and it does not appear that a hear­ rates were set. Aviation Act of 1958 and particularly sections 204(a) and 406 thereof, and the ing would generate any new significant The Postmaster General, however, con­ Board’s Regulations 14 CFR Part 302, information. Thus, any person who be­ cluded that he could support increased lieves a hearing is desirable should, so 14 CFR Part 298 and the authority duly rates which in each instance were less delegated by the Board in its Organiza­ indicate at oral argument and identify than those petitioned for by Ross. Ross the issues it would seek to have resolved tion Regulations 14 CFR 385.14(f), did not agree that the rates supported It is ordered, That: at hearing and the nature of evidence it by the Postmaster General were just and would submit. 1. All interested persons and particu­ reasonable. On May 1, 1970, the Post­ larly Ross Aviation, Inc., and the Post­ Accordingly, it is ordered, That: master General filed an amendment to 1. Agreement CAB 5044-A144 be and master General are directed to show the earlier reply. The amended reply cause why the Board should not adopt it hereby is assigned for oral argument indicates that the Postmaster General before the Board on June 3, 1970, at 10 the foregoing proposed findings and will support increases in the amount conclusions and fix, determine, and a.m., e.d.t., in Room 1027, Universal shown in the following table: Building, 1825 Connecticut Avenue NW„ publish the final rates for the transpor­ tation of mail by aircraft, the facilities Washington, D.C., Cents per mile 2. All parties of record in this proceed­ Pre­ used and useful therefor, and the serv­ vious Route Pres­ Ross’ Post Office ices connected therewith, as the fair and ing who desire to participate in such oral docket ent pro­ Depart­ argument shall advise the Board in writ­ No. rate posal ment reasonable rates of compensation to be ing of their intention to participate on support paid to Ross Aviation, Inc. or before May 22,1970; and 2. Further procedures herein shall be 19563 Poteau, in accordance with 14 CFR Part 302, as 3. The motion to consolidate of McAlester, and Diners/Fugazy in Docket 21121 be and it Oklahoma City.. 33.13 42.08 38.85 specified in the attached appendix; and 19565 Altus, Lawton, 3. This order shall be served upon hereby is granted. and Oklahoma This order will be served upon all City...... 47.30 59.16 55.23 Ross Aviation, Inc., and the Postmaster 19567 Ponca City, Enid, General. scheduled certificated air carriers, ATC, and Oklahoma the American Society of Travel Agents, City------41.16 62.01 49.91 This order will be published in the 19996 Martinsburg, the Association of Retail Travel Agents, Clarksburg, and F ederal R egister. the Association of Bank Travel Bu­ Charleston (W. reaus, the American Automobile Associa­ Va.)...... 37.28 48.49 39.84 [seal] P h y llis T . K aylor, 20101 Florence, Colum­ Acting Secretary. tion, the American Express Co., Mary R. bia, and Atlanta______45.08 52.24 49.09 20632 Savannah, Au­ 1This order to show cause is not a final 20 The resolution provides that an agent gusta, and action and it is not regarded as s u b je c t to Atlanta...... 47.47 55.46 51.81 the review provisions of 14 CFR Part 38 • may limit his representation of the carrier 20645 Charleston (S.C.), to certain specific product lines providing Columbia and These provisions will be applicable to fin the agent limit its representation of all the Charlotte...... 56.38 66.16 61.85 action taken by the staff under authori y carriers’ services alike. delegated in § 385.14(g).

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7471

Appendix and all other procedural steps short of a final We respectfully request reconsideration decision by the Board, and the Board may and a grant of the translator without the 1. Further procedures related to the at­ enter an order incorporating the findings condition attached. If the Commission is tached order shall be In accordance with 14 and conclusions proposed therein and fix and unable to so reconsider, then a hearing is CFR Part 302, and notice of any objection determine the final rate specified therein; requested. The grant, as it now stands, is to the rate or to the other findings and con­ 3. If answer is filed presenting issues forvalueless and of no public or private benefit. clusions proposed therein, shall be filed hearing, the issues involved in determining within 10 days, and if notice is filed, written the fair and reasonable final rate shall be In our memorandum opinion and order answer and supporting documents shall be limited to those specifically raised by the granting the application subject to the filed within 30 days after service of this condition, we recognized that the grant order; answer, except Insofar as other issues are was made subject to a condition not re­ 2. If notice of objection is not filed within raised in accordance with Rule 307 of the quested by the applicant and we stated 10 days after service of this order, or if notice Rules of Practice (14 CFR 302.307). is filed and answer is not filed within 30 days that the grant would be considered final after service of this order, all persons shall be [F.R. Doc. 70-5881; Filed, May 12, 1970; unless the applicant, within 30 days of deemed to have waived the right to a hearing 8:51 a.m.] the date of the grant, filed with the Com­ mission a written request, pursuant to § 1.110 of the Commission’s rules, re­ jecting the grant as made. Upon receipt CIVIL SERVICE COMMISSION of such a request, we stated that we TEACHERS would vacate the grant and designate the application for hearing. This provi­ Notice of Establishment of Special Minimum Salary Rates and Rate Ranges sion parallels the language of § 1.110 of Under authority of 5 U.S.C. 5(303 and Executive Order 11073, the Civil Service the rules. Commission has established special minimum rates and rate ranges as follows: 3. The applicant contends that, be­ cause it proposes a UHF translator, the GS-1710 Teacheb imposition of a nonduplication condition (Note: Eligibility for these special rates is limited to employees engaged in teaching students with "special needs” is inconsistent with existing Commission in the school identified.) Geographic coverage: Mary G. Zeigler School, Department of Public Welfare, District of Columbia Government, policies. None of the Commission’s rules Laurel, Md. or policies, however, preclude the im­ Effective date: First day of the first pay period beginning on or after April 19,1970. position of a nonduplication condition if • PEB ANNUM KATES circumstances indicate that such a con­ dition would be appropriate, whether the Grade 1‘ 2 3 4 6 6 7 8 910 translator is UHF or VHF, licensee- owned or not. Here, a VHF television G S-5.„...... $8,292 $8,510 $8,728 $8,946 $9,164 $9,382 $9,600 $9,818 $10,036 $10,254 station would construct a translator to G8-7...... 8,638 8,908 9,178 9,448 9,718 9,988 10,258 10,628 10,798 11,068 serve a community substantially beyond GS-8.^...... ,9,255 9,554 9,853 10,152 10,461 10,750 11,049 11,348 11,647 11,946 its predicted Grade B contour into an all-UHF area and within the predicted * Corresponding statutory rates: GS-5—ninth; GS-7—third; GS-8—second. Grade A contour of a UHF television All new employees in the specified occupational levels will be hired at the new station whose programing it would du­ minimum rates. plicate. Under these circumstances, we As of the effective date, the agency will process a pay adjustment to increase the think that the effect of the UHF trans­ pay of employees on the rolls in the affected occupational levels. An employee who lator would be essentially that of a VHF immediately prior to the effective date was receiveing basic compensation at one translator, extending a VHF television of the statutory rates shall receive basic compensation at the corresponding num­ station’s service area into the predicted bered rate authorized by this letter on and after such date. The pay adjustment will Grade A contour of another television not be considered an equivalent increase within the meaning of 5 U.S.C. 5335. station whose programing it would du­ U nited S tates Civil S ervice Commission, plicate. Cf. § 74.732(e) (2) of the Com­ [seal] J ames C. S pry, mission’s rules. In the Second Report Executive Assistant to the Commissioners. and Order in Docket No. 14895 et al. (2 FCC 2d 725, 6 RR 2d 1717), we declined [F.R. Doc. 70-5832; Filed, May 12, 1970; 8:47 a.m.] to impose nonduplication conditions on community-type translators and “* * * tion WGAL-TV on output Channel 80. on UHF translator grants for facilities FEDERAL COMMUNICATIONS On January 30, 1970, the Commission to operate in an all-VHF area.” In our released a memorandum opinion and further notice of proposed rule making COMMISSION order (FCC 70-105), granting the above- and notice of inquiry in Docket No. 15971 captioned application subject to a same- (8 FCC 2d 569, 10 RR 2d 1545), we re­ [Docket No. 18850; FOC 70-463] day- nonduplication condition intended viewed our translator nonduplication WGAL TELEVISION, INC. policies, discussing the imposition of to protect the NBC network programing such conditions on UHF translators, and Memorandum Opinion and Order of station WBRE-TV, Channel 28, again declined to change existing pol­ Designating Application for Hear­ Wilkes-Barre, Pa., from duplication by icies. The policies were again retained ing on Stated Issues the WGAL translator. The translator following our review of them in the re­ would be located outside WGAL’s pre­ port and order in Docket No. 15971 (13 In regard application of WGAL Tele­ dicted Grade B contour and within the FCC 2d 305, 13 RR 2d 1577). We have, vision, Inc. (W80AJ) Williamsport, Pa., in appropriate cases, imposed such con­ for construction permit for liew televi­ predicted Grade A contour of station ditions on UHF translators (J. R. Kar- sion broadcast translator station, File WBRE-TV. ban, 18 FCC 2d 39, 16 RR 2d 469), or No. BPTT-1770. 2. On March 2, 1970, WGAL-TV filedhave indicated that, where appropriate, 1. The Commission has before it fora petition for reconsideration, requesting such a condition may be imposed (WMT-TV, Inc. (K74BD), 20 FCC 2d consideration the above-captioned ap­ that the Commission rescind the non­ duplication condition and grant the 601, 17 RR 2d 890). The possible frag­ plication of WGAL Television, Inc., li­ mentation of WBRE-TV’s audience censee of station WGAL-TV, channel 8, application without a condition.1 The within its predicted Grade A contour Lancaster Pa. (NBC), requesting a con­ petition states that: was the subject of the proceedings in struction permit for a new UHF television Docket No. 18581 (Citizens Cable Com­ 1 On Mar. 16,1970, WBRE-TV filed an oppo­ pany, Inc., 18 FCC 2d 409), and program broadcast translator station to serve sition to the petition and on Mar. 26, 1970, exclusivity is now being provided to sta­ iliamsport, Pa., by rebroadcasting sta- petitioner filed a reply thereto. tion WBRE-TV in Williamsport by the

No. 93----- 9 FEDERAL REGISTER, V O L 35, NO. 93— WEDNESDAY, MAY 13, 1970 7472 NOTICES local CATV system. To avoid such frag­ graming which would be provided by advise the Commission of (he publica­ mentation by a distant VHP television the proposed WGAL-TV translator. We tion of such notice as required by station’s translator, we believed that it have already discussed in this document §1.594(g) of the rules. was necessary to require that similar the matter of economic injury to WBRE- protection be afforded WBRE-TV by the TV by fragmentation of its viewing Adopted: April 29,1970. translator. audience. Released: May 6,1970. 4. In its reply to WBRE-TV’s opposi­ 5. The petition for reconsideration is tion to the petition for reconsideration, a written rejection of the grant as made F ederal Communications petitioner raises, for the first time, the and, in view of our original order and Commission,* question - of whether Williamsport is the provisions of § 1.110 of the rules, we [seal] B e n F. W aple, within WBRE-TV’s predicted Grade A will vacate the grant and designate the Secretary. contour and, in fact, whether it is within application for hearing. [P.R. Doc. 70-5872; Piled, May 12, 1970; WBRE-TV’s predicted Grade B contour. Accordingly, it is ordered, That the 8:50 a.m.] Petitioner'also raises, for the first time, Commission’s action of January 28,1970, a question as to whether WBRE-TV will granting without hearing the above-cap­ suffer economic injury by grant of the tioned application of WGAL Television, translator application unconditionally. Inc., is set aside and the grant is FEDERAL MARITIME COMMISSION At the outset, these questions are im­ vacated. STEAMSHIP OPERATORS properly raised, for § 1.106(h) of the It is further ordered, That the above- INTERMODAL COMMITTEE Commission’s rules specifically requires captioned application of WGAL Televi­ that a reply to an opposition be limited to sion, Inc., is designated for hearing at a Notice of Agreement Filed matters raised in the opposition. Neither time and place to be fixed by a sub­ of these questions was raised in the op­ sequent order, upon the following issues: Notice is hereby given that the follow­ position and, in fact, neither was raised 1. To determine the extent to which ing agreement has been filed with the by the petitioner in the petition for re­ the signals of station WGAL-TV, Lan­ Commission for approval pursuant to consideration. On the contrary, the peti­ caster, Pa., are presently available in section 15 of the Shipping Act, 1916, as tion expressly concedes that Williams­ Williamsport, Pa. amended (39 Stat. 733, 75 Stat. 763, port is within WBRE-TV’s Grade A con­ 2. To determine whether a need exists 46 U.S.C. 814) tour.1 Petitioner fares no .better on the in Williamsport, Pa., for the network Interested parties may inspect and ob­ merits than it does procedurally. Station programing which would be provided by tain a copy of the agreement at the WBRE-TV’s service contours with pre­ the proposed translator station. Washington office of the Federal Mari­ dicted in accordance yirith the methods 3. To determine the impact, if any, time Commission, 1405 I Street NW., prescribed in § 73.684 (c) and (d) of the which an unconditional grant of the ap­ Room 1202; or may inspect the agree­ Commission’s rules; petitioner claims plication would have upon the opera­ ment at the field offices located at New that they should have been predicted by tion of station WBRE-TV, Wilkes-Barre, York, N.Y., New Orleans, La., and San use of the curves and methods proposed Pa. Francisco, Calif. Comments on such in Docket No. 16004. Since that proposal 4. To determine, in the light of the agreements, including requests for hear­ has not been, and may not be, adopted evidence adduced pursuant to the fore­ ing, may be submitted to the Secretary, by the Commission, the use of those going issues, whether an unconditional Federal Maritime Commission, Washing­ curves and methods is improper and un­ grant of the application would serve the ton, D.C. 20573, within 10 days after pub­ acceptable.1 Where the translator rules public interest, convenience and neces­ lication of this notice in the F ederal speak in terms of “Grade B contour,” sity and, if not, whether grant of the R egister. Any person desiring a hearing they mean the Grade B contour predicted application subject to a same-day non­ on the proposed agreement shall provide in accordance with § 73.684 (c) and (d) duplication condition would serve the a clear and concise statement of the mat­ of the rules. See Oregon Broadcasting public interest, convenience, and neces­ ters upon which they desire to adduce Company, 18 PCC 2d 612, 16 RR 2d 878, sity. evidence. An allegation of discrimination reconsideration denied, 20 FCC 2d 246, It is further ordered, That WBRE-TV, or unfairness shall be accompanied by a 177 RR 2d 751. Furthermore, WBRE- Inc., is made a party to this proceeding. statement describing the discrimination TV’s programing is actually available in or unfairness with particularity. If a vio­ It is further ordered, That the burden lation of the Act or detriment to the Williamsport from WBRE-TV’s 100-watt of proceeding with the introduction of UHF translator station W76AK, so that, commerce of the United States is alleged, for the purposes of this proceeding, the evidence with respect to Issues 1 and 3, the statement shall set forth with par­ and the burden of proof with respect to ticularity the acts and circumstances method used to arrive at the location of Issue 3, is hereby placed upon WBRE- WBRE-TV’s terrain-limited contours has said to constitute such violation or detri­ little relevance. This is a factor, how­ TV, Inc., and the burden of proceeding ment to commerce. ever, which we think must be considered with the introduction of evidence and A copy of any such statement should in determining whether a need exist in the burden of proof with respect to also be forwarded to the party filing the Williamsport for the NBC network pro- Issue 2 and the burden of proof with agreement (as indicated hereinafter) respect to Issue 1 remain upon the appli­ and the statement should indicate that cant. this has been done. a Paragraph 7 of the petition for reconsid­ It is further ordered, That, to avail Notice of Agreement filed by: eration says: “Its [WBRE-TV’s] Grade A themselves of the opportunity to be contour alone extends more than 60 miles Howard A. Levy, Attorney, Kurrus and Jacobi, in the relevant directions with which we are heard, the applicant and the party re­ 2000 K Street NW., Washington, D.C. 20006. concerned * * *” and, in paragraph 11, spondent herein, pursuant to § 1.221(c) states: “WGAL-TV, a VHP television sta­ of the Commission’s rules, in person or Agreement No. 9735-4, between the tion which is affiliated with NBC, has applied by attorney, shall, within twenty (20) member lines of the Steamship Operators for a translator in the UHF band which will days of the mailing of this order, file Intermodal Committee, provides for a be located within the Grade A signal of with the Commission, in triplicate, a three (3) month extension of the agree­ WBRE-TV, also an affiliate of NBC.” written appearance stating an intention ment, i.e., to and including September 9, * See RKO General, Inc., PCC 70-299, re­ leased Mar. 25, 1970, paragraph 8; report to appear on the date fixed for the hear­ 1970. and order in Docket No. 17253, PCC 70-345, ing and present evidence on the issues The basic agreement, which is now released Apr. 3, 1970, paragraph 13. Proposed specified in this order. scheduled to terminate on June 9, 1970, rules are only effective upon adoption by the It is further ordered, That the appli­ pursuant to Article 11 thereof, is a co­ Commission and, until that time, the only cant herein shall, pursuant to section operative working arrangement which field intensity curves acceptable for use are 311(a) (2) of the Communications Act of allows the parties to discuss matters those contained in the current rules. Any 1934, as amended, and § 1.594 of the enumerated in the agreement to try to other procedure would constitute prejudg­ arrive at a common position to be taken ment of the rule-making proceeding, render­ Commission’s rules, give notice of the ing nugatory the Commission’s rule-making hearing within the time and in the man­ function. ner prescribed in such rule, and shall 4 Commissioner Bartley absent.

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7473 in consultation, with governmental agen­ the Board’s approval today, under sepa­ holding company, for the Board’s prior cies or private associations, and in ap­ rate order, of the acquisition of Ameri­ approval of the acquisition of more than pearances at hearings and other public can Trust Co. of Hannibal, Hannibal, 80 percent of the voting shares of Amer­ or private proceedings. Mo. (deposits $7.6 million)). Bank, with ican Trust Co. of Hannibal, Hannibal, deposits of $3.5 million, is the only bank Mo. (Bank). Dated: May 11,1970. located in Tipton, and ranks third in As required by section 3 (b) of the Act, By Order of the Federal Maritime size among five banks in Moniteau the Board gave written notice of receipt Commission. County. Applicant’s closest subsidiary is of the application to the Commissioner located about 56 miles from Tipton. It of Finance of the State of Missouri, and F rancis C. Httrney, does not appear that existing competi­ requested his views and recommenda­ Secretary. tion would be eliminated, or significant tion. The Commissioner indicated that [F.R. Doc. 70-5915; Filed, May 12, 1970; potential competition foreclosed, by con­ he had no objection to approval of the 8:51 a.m.] summation of applicant’s proposal, or application. that there would be undue adverse ef­ Notice of receipt of the application fects on any other bank in the area was published in the F ederal R egister involved. on January 24, 1970 (35 F.R. 1027), pro­ FEDERAL RESERVE SYSTEM Based upon the foregoing, the Board viding an opportunity for interested per­ COMMERCE BANCSHARES, INC. concludes that consummation of the pro­ sons to submit comments and views with posed acquisition would not adversely respect to the proposal. A copy of the Order Approving Acquisition of Bank affect competition in any relevant area. application was forwarded to the U.S. Stock by Bank Holding Company Banking factors, as related to the facts Department of Justice for its considera­ of record, are consistent with approval of tion. Time for filing comments has ex­ In the matter of the application of the application. Bank has pursued very pired and all those received have been Commerce Bancshares, Inc., Kansas conservative lending policies and has a considered by the Board. City, Mo., for approval of acquisition of limited service offering; it does not pres­ The Board has considered the appli­ more than 80 percent of the voting ently offer time and savings deposit cation in the light of the factors set shares of Tipton Farmers Bank, Tipton, services. Affiliation with applicant would forth in section 3(c) of the Act, includ­ Mo. result in a liberalization of lending poli­ ing the effect of the proposed acquisition There has come before the Board of- cies and an expansion of the services on competition, the financial and man­ Governors, pursuant to section 3(a)(3) offered, and should increase bank’s serv­ agerial resources and future prospects of of the Bank Holding Company Act of ice to the community. It is the Board’s the applicant and the banks concerned, 1956 (12 U.S.C. 1842(a) (3) ) and § 222.3 judgment that consummation of the and the convenience and needs of the (a) of Federal Reserve Regulation Y (12 proposed acquisition would be in the communities to be served. Upon such CFR 222.3(a)), an application by Com­ public interest, and that the application consideration, the Board finds that: merce Bancshares, Inc., Kansas City, Mo. should be approved. Applicant has 10 subsidiary banks (Applicant), a registered bank holding It is hereby ordered, That, on the basis with $700 million in deposits, and is the company, for the Board’s prior approval of the Board’s findings, summarized largest bank holding company and the Of the acquisition of more than 80 per above, said application be and hereby is third largest banking organization in the cent of the voting shares of Tipton Farm­ approved: Provided, That the acquisition State of Missouri. (All banking data are ers Bank, Tipton, Mo. (Bank). so approved shall not be consummated as of June 30, 1969, adjusted to reflect As required by section 3(b) of the Act, (a) before the 30th calendar day follow­ holding company formations and acqui­ the Board gave written notice of re­ ing the date of this order or (b) later sitions approved by the Board to date. ceipt of the application Jto the Commis­ than 3 months after the date of this Not reflected in the foregoing figures is sioner of Finance of the State of Mis­ order, unless such period is extended for the Board’s approval today, under sep­ souri, and requested his views and recom­ good cause by the Board, or by the Fed­ arate order, of the acquisition of Tipton mendation. The Commissioner com­ eral Reserve Bank of Kansas City Farmers Bank, Tipton, Mo. (deposits mented that he viewed the proposal as a pursuant to delegated authority. $3.5 million).) Bank, with deposits of progressive step for banking in the area $7.6 million, is the smallest of three involved. By order of the Board of Governors,1 banks in Hannibal and of'four banks in Notice of receipt of the application May 6, 1970. Marion County, and is located about 60 was published in the F ederal R egister [seal] K enneth A. K enyon, miles from the nearest of applicant’s on December 18, 1969 (34 F.R. 19839), Deputy Secretary. present subsidiaries. It does not appear providing an opportunity for interested [F.R. Doc. 70-5840; Filed, May 12, 1970; that existing competition would be elim­ persons to submit comments and views 8:47 aan.] inated, or significant potential competi­ with respect to the proposal. A copy of tion foreclosed, by consummation of ap­ the application was forwarded to the plicant’s proposal, or that there would be U.S. Department of Justice for its con­ COMMERCE BANCSHARES, INC. undue adverse-effects on other banks in sideration. Time for filing comments has the area involved. expired and all those received have been Order Approving Acquisition of Bank Based upon the foregoing, the Board considered by the Board. Stock by Bank Holding Company concludes that consummation of the pro­ The Board has considered the applica­ posed acquisition would not adversely tion in the light of the factors set forth In the matter of the application of affect competition in any relevant area. in section 3(c) of the Act, including the Commerce Bancshares, Inc., Kansas The banking factors lend some support effect of the proposed acquisition on City, Mo., for approval of acquisition of for approval of the application, in that competition, the financial and mana­ more than 80 percent of the voting it will resolve a management succession gerial resources and future prospects of shares of American Trust Co. of Hanni­ problem at bank, result in improved as­ the applicant and the banks concerned, bal, Hannibal, Mo. set administration, and generally en­ and the convenience and needs of the There has come before the Board of hance bank’s prospects. Applicant in­ communities to be served. Upon such Governors, pursuant to section 3(a) (3) tends to expand the services offered by consideration, the Board finds that: of the Bank Holding Company Act bank and improve its physical facilities, Applicant has 10 subsidiary banks of 1956 (12 U.S.C. 1842(a)(3)) and which should enable it to better serve "With $700 million in deposits, and is the § 222.3(a) of Federal Reserve Regula­ its community. It is the Board’s judg­ largest bank holding company and the tion Y (12 CFR 222.3(a)), an application ment that consummation of the proposed third largest banking organization in the by Commerce Bancshares, Inc., Kansas acquisition would be in the public in­ State of Missouri. (All banking data are City, Mo. (Applicant), a registered bank terest, and that the application should June 30, 1969, adjusted to reflect be approved. holding company formations and acqui­ 1 Voting for this action; Chairman Burns It is hereby ordered, That, on the basis sitions approved by the Board to date. and Governors Robertson, Mitchell, Daane, of the Board’s findings, summarized Not reflected in the foregoing figures is Malsel, Brimmer, and Sherrill. above, said application be and hereby is

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7474 NOTICES approved; Provided, That the acquisi­ controlling banks as to be a proper inci­ 6. That Continental had a unique pric­ tion so approved shall not be consum­ dent thereto and as to make it unneces­ ing method, which gave it a competitive mated (a) before the 30th calendar day sary for the prohibitions of section 4(a) advantage; and following the date of this order or (b) of the Bank Holding Company Act of 7. That an investment in Continental later than 3 months after the date of this 1956 to apply in order to carry out the would be a good one. order, unless such perio3 is extended for purposes of that Act. Provided, however, B. The Issuer has violated the terms good cause by the Board, or by the Fed­ That this determinaion is subject to and conditions of the Regulation A ex­ eral Reserve Bank of Kansas City pur­ revocation by the Board if the facts upon emption in the following respects: suant to delegated authority. which it is based change in any material 1. In connection with the offer of its respect. stock, by failing to furnish an offering By order of the Board of Governors,1 By order of the General Counsel of the circular as required by Rule 256. May 6, 1970. Board of Governors, May 6, 1970, acting 2. By urging prospective investors to [seal] K enneth A. K enyon, on behalf of the Board pursuant to disregard the offering circular dis­ Deputy Secretary. delegated authority (12 CFR § 265.2(b) closures. [F.R. Doc. 70-5841; Filed, May 12, 1970; (2 )). 3. By making false statements of ma­ 8:47 a.m.] terial facts and omitting to state ma­ [seal] K enneth A. K enyon, terial facts. Deputy Secretary. C. The practices recounted in para­ CENTRAL BANKING SYSTEM, INC. [F.R. Doc. 70-5864; Filed, May 12, 1970; graphs A and B above constituted viola­ 8:49 a.m.] tions of section 17(a) of the Securities Order Making Determination Under Act of 1933. Bank Holding Company Act III. It appearing to the Commission that it is in the public interest and for In the matter of the application of SECURITIES AND EXCHANGE the protection of investors that the ex­ Central Banking System, Inc., Oakland, emption of the issuer under Regulation Calif., pursuant to section 4(c) (8) of the COMMISSION A be temporarily suspended. Bank Holding Company Act of 1956 for a [File No. 24B—1564] It is ordered, Pursuant to Rule 261(a) determination as to Cenval Agency, Inc., of the general rules and regulations a proposed nonbank subsidiary. (Docket CONTINENTAL PHOTOCOLOR CORP. under the Securities Act of 1933, as No. BHC-97) Order Temporarily Suspending Ex­ amended, that the exemption of the is­ Central Banking System, Inc., Oak­ suer under Regulation A be, and it hereby land, Calif., a bank holding company emption, Statement of Reasons is, temporarily suspended. within the meaning of section 2(a) of Therefor, and Notice of Opportunity It is further ordered, Pursuant to Rule the Bank Holding Company Act of 1956 for Hearing 7 of the Commission’s rules of practice, (12 U.S.C. § 1841(a)), has filed a request May 6, 1970. that the issuer file an answer to the al­ for a determination by the Board of I. Continental Photocolor Corp. (Con­ legations contained in the order within Governors of the Federal Reserve System tinental), 26 Quincy Avenue, Braintree, 30 days of the entry thereof. that the activities planned to be under­ Mass., a Massachusetts corporation lo­ Notice is hereby given that any person taken by its proposed nonbank subsidiary cated at 26 Quincy Avenue, Braintree, having any interest in the matter may Cenval Agency, Inc., are of the kind de­ Mass., filed with the Commission on file with the Secretary of the Commis­ scribed in section 4(c) (8) of the Act (12 March 19, 1969, a notification on Form sion a written request for a hearing with­ U.S.C. § 1843(0 (8)) and § 222.4(a) of 1-A and an offering circular relating to in 30 days after the entry of this order; Federal Reserve Regulation Y (12 CFR a proposed offering of 80,000 shares of its that within 20 days after receipt of such § 222.4(a)) so as to make it unnecessary $0.01 par value class A common stock at request the Commission will, or at any for the prohibitions of section 4(a) of the $3.75 per share. The sales were to be time upon its own motion may, set the Act, respecting the ownership or control made by the officers of Continental for matter down for hearing at a place to be of voting shares of nonbanking compa­ total proceeds of $300,000. The offering designated by the Commission for the nies, to apply in order to carry out the was commenced on May 5, 1969; of the purpose of determining whether this or­ purposes of the Act. 80,000 shares offered, 13,986 shares were der of suspension should be vacated or Pursuant to the requirements of sec­ sold. No market developed in the stock made permanent, without prejudice, tion 4(c) (8) of the Act, and in accord­ nor was any attempt made to trade the however, to the consideration and pres­ ance with the provisions of §§ 222.4(a) stock in the over-the-counter market or entation of additional matters of the and 222.5(a) of Regulation Y (12 CFR otherwise. Continental, which was in hearing; and that notice of the time and §§ 222.4(a) and 222.5(a)), a hearing was poor financial condition, continued to place for said hearing will be promptly held on these matters on August 22,1969. incur substantial losses and was forced given by the Commission. If no hearing On March 13,1970, the hearing examiner to cease operations in July, 1969 and was is requested and none is ordered by the filed his report and recommended deci­ ultimately liquidated. No funds were re­ Commission, the order shall become per­ sion,2 a copy of which is appended hereto, turned to investors. manent on the 30th day after its entry wherein he recommended that the Board II. The Commission has reasonable and shall remain in effect unless it is make the requested determination. The cause to believe from information re­ modified or vacated by the Commission. time for filing exceptions to the report ported to it by the staff that: and recommended decision has expired, A. The officers of Continental (who By the Commission. / and none has been filed. The findings of were named as underwriters) offered and [seal] Orval L. DtjBois, fact, conclusions of law,- and recom­ sold Continental stock on the basis of Secretary. mendations embodied therein are untrue statements of material facts and [F.R. Doc. 70-5868; Filed, May 12, 1970; adopted, and on the basis of the entire omissions to state facts necessary to 8:49 a.m.] record, make statements made in the light of It is hereby ordered, That the activities the circumstances in which they were planned to be undertaken by the proposed made not misleading. Concerning among [File No. 24B-1577] subsidiary named hereinabove are deter­ other things: LACY SALES INSTITUTE, INC. mined to be so closely related to the 1. The fact that the offering was over­ business of banking and of managing or subscribed ; Order Temporarily Suspending Ex­ 2. The stock would seen begin trading emption, Statement of Reasons 1 Voting for this action: Chairman Burns at a price higher than the offering price; Therefor and Notice of Opportunity and Governors Robertson, Mitchell, Daane, 3. That buyers would be able to resell Maisel, Brimmer, and Sherrill. the stock at a quick profit; for Hearing 2 Filed as part of the original document. 4. That the stock would soon be listed May 6, 1970. Copies available upon request to the Board on an exchange; I. Lacy Sales Institute, Inc. (Issuer), of Governors of the Federal Reserve Systëm, 80 Union Street, Newton Centre, Mass., Washington, D.p. 20551, or to the Federal 5. That Continental was operating at Reserve Bank of San Francisco. a profit; a Massachusetts corporation located a

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7475

Newton Centre, Mass., filed with the violation of section 17(a) of the Securi­ cent due June 1, 2000. The interest rate Commission on April 28,1969, a notifica­ ties Act of 1933, as amended. of the bonds (which will be a multiple of tion on Form 1-A and an offering cir­ m . It appearing to the Commission one-eighth of 1 percent) and the price, cular relating to its proposed offering of that it is in the public interest and for exclusive of accrued interest, to be paid to 100,000 shares of its 0.05 cent par value the protection of investors that the West Penn (which will be not less than common stock at $2 per share with net exemption of the issuer under Regula­ 100 percent nor more than 102% percent proceeds to the Issuer of $270,000, for the tion A be temporarily suspended. of the principal amount thereof) will be purpose of obtaining an exemption from It is ordered, Pursuant to Rule 261 of determined by the competitive bidding. the registration requirements of the Se­ the general rules and regulations under The bonds will be issued under the in­ curities Act of 1933 (“Securities Act”) , as the Securities Act of 1933, as amended, denture dated March 1, 1916, between amended, pursuant to the provisions of that the exemption of the issuer under West Penn and The Chase Manhattan section 3(b) and Regulation A, promul­ Regulation A be, and it hereby is, Bank, as Trustee, as heretofore supple­ gated thereunder. The proposed offering temporarily suspended. mented and as to be further supple­ was to be underwritten on a “best It is further ordered, Pursuant to Rule mented by a supplemental indenture to efforts or none” basis by Albert Yanow & 7 of the Commission’s rules of practice, be dated as of June 1, 1970, which in­ Co. (“Yanow”), Chestnut Hill, Mass. that the issuer file an answer to the cludes a 5-year prohibition against re­ Yanow’s discount was 0.2 cent per share, allegatiohs contained in this order within demption with or in anticipation of plus $12,500 for nonaccountable ex­ 30 days of the entry thereof. moneys borrowed at lower interest costs. penses, warrants, and other considera­ Notice is hereby given that any per­ West Penn also proposes to issue and tions. son having any interest in the matter sell, subject to the competitive bidding II. The Commission has reasonable may file with the Secretary of the Com­ requirements of Rule 50 under the Act, cause to believe from information re­ mission a written request for a hearing 50,000 shares of its authorized but un­ ported to it by its staff that: within 30 days after the entry of this issued $_____ Preferred Stock, Series A. The notification and offering cir­ order; that within 20 days after receipt F, par value $100 per share. The dividend cular contain untrue statements of ma­ of such request the Commission will, or rate (which shall be a multiple of 4 cents) terial fact and omit to state material at any time upon its own motion may, and the price (exclusive of accrued divi­ facts necessary to make the statements set the matter down for hearing at a dends) to be paid to West Penn (which made, in the light of the circumstances place to be designated by the Commis­ shall be not less than $100 or more than under which they were made, not mis­ sion for the purpose of determining $102.75 per share), will be determined leading, particularly with respect to: whether this order of suspension should by the competitive bidding. 1. The failure to disclose that Viscount be vacated or made permanent, without The net proceeds realized from the sale Securities, Inc. (Viscount), 79 Milk prejudice, however, to the consideration of the bonds and the preferred stock will Street, Boston, Mass. 02109, and Joseph and presentation of additional matters be used to finance, in part, the construc­ P. Abdella, President of Viscount, par­ at the hearing; and that notice of the tion program of West Penn and its sub­ ticipated as an underwriter in the offer­ time and place for said hearing will be sidiary companies, including payment of ing of securities of Issuer. promptly given by the Commission. If no $27 million of short-term notes incurred 2. The failure to disclose that addi­ hearing is requested and none is ordered therefor. Construction expenditures for tional warrants and “investment securi­ by the Commission, the order shall be­ 1970, 1971, and 1972 are presently esti­ ties” were issued to Joseph P. Abdella come permanent on the thirtieth day mated at $61 million, $85 million, and and Viscount. after its entry and shall remain in effect $66 million respectively. B. The terms and conditions of Regu­ unless it is modified or vacated by the It is stated that registration by the lation A have not been complied with in Commission. Pennsylvania Public Utility Commission that: By the Commission. of a securities certificate with respect to 1. The Form 1-A failed to disclose that the bonds and preferred stock is required Joseph P. Abdella (Abdella) and Vis­ [seal] Orval L. D uBo is, for their issue and sale, that such se­ count Securities, me., were employed as Secretary. curities certificate is being filed with that underwriters by Issuer as required by [F.R. Doc. 70-5869; Filed,- May 12, 1970; Commission, and that a copy of the secu­ Item 11. 8:49 a.m.] rities certificate and order of that Com­ 2. The Form 1-A failed to include the mission will be filed herein by amend­ written consent of all underwriters em­ [70-4882] ment. It is further stated that no other ployed by the issuer as required by Item State commission or Federal commission, 11(c). :L WEST PENN POWER CO. other than this Commission, has juris­ 3. The offering circular failed to dis­ diction over the proposed transactions. Notice of Proposed Issue and Sale at close the aggregate underwriting dis­ The fees and expenses to be incurred counts paid to Abdella and Vis­ Competitive Bidding of First Mort­ in connection with the transactions are count as required by paragraph 4(a) of gage Bonds and Shares of Pre­ estimated at $41,000 for the bonds and Schedule I. ferred Stock $19,000 for the preferred stock, including 4. The offering circular failed to dis­ May 7, 1970. legal fees of $10,000 for the bonds and close all warrants outstanding or pro­ Notice is hereby given that West Penn $6,000 for the preferred stock. The fees posed to be granted to purchase securi­ Power Co. (West Penn), Cabin Hill, of counsel for the successful bidders, esti­ ties of the issuer as required by para­ Greensburg, Pa. 15601, an electric utility mated at $9,000 with respect to the bonds graph 10 of Schedule I. subsidiary company of Allegheny Power and $5,500 with respect to the preferred 5. The offering circular failed to dis­ System, Inc., a registered holding com­ stock, are to be paid by such bidders. close the method by which the securi­ pany, has filed an application with this Notice is further given that any in­ ties were to be offered and the nature Commission, pursuant to the Public terested person may, not later than of the relationship between Issuer and Utility Holding Company Act of 1935 May 28, 1970, request in writing that a Viscount as required by paragraph 5 of (Act), designating sections 6 and 7 of hearing be held on such matter, stating Schedule I. the Act and Rule 50 promulgated there­ the nature of his interest, the reasons 6. The Form 2-A report pursuant to under as applicable to the proposed for such request, and. the issues of fact Rule 260 of regulation A filed by the transactions. All interested persons are or law raised by said application which issuer failed to describe total underwrit­ referred to the application, which is sum­ he desires to controvert; or he may re­ ing discounts, as required l?y Item 6(a). marized below, for a complete statement quest that he be notified if the Commis­ C. The issuer and underwriters in the of the proposed transactions. sion should order a hearing thereon. Any distribution of the securities have en­ West Penn proposes to issue and sell, such request should be addressed: Sec­ gaged in transactions, practices, and a subject to the competitive bidding re­ retary, Securities and Exchange Com­ course of business which would operate quirements of Rule 50 under the Act, mission, Washington, D.C. 20549. A copy and did operate as a fraud and deceit $25 million principal amount of its First of such request should be served person­ upon the purchasers of such securities in Mortgage Bonds, Series Y, _____ per­ ally or by mail (airmail if the person

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7476 NOTICES being served is located more than 500 4. To disburse unsecured disaster junction Interstate Highway 85, and re­ miles from the point of mailing) upon loans. turn over the same route, for operating the applicant at the above-stated ad­ 5. To extend the disbursement period convenience only. The notice indicates dress, and proof of service (by affidavit on disaster loan authorizations or undis­ that the carrier is presently authorized or, in case of an attorney at law, by cer­ bursed portions of disaster loans. to transport passengers and the same tificate) should be filed with the request. II. The authority delegated herein property, over pertinent service routes as At any time after said date, the applica­ may not be redelegated. follows: (1) From Atlanta, Ga., over U.S. tion, as filed or as it may be amended, m . All authority delegated herein to Highway 29 via Moreland and La Grange, may be granted as provided in Rule 23 a specific position may be exercised by an Ga., and Opelika, Ala., to Tuskegee, Ala! of the general rules and regulations pro­ SBA employee designated as acting in (also from Moreland, Ga., over Alternate mulgated under the Act, or the Commis­ that position. U.S. Highway 27 to Warm Springs, Ga., sion may grant exemption from such Effective date: April 19,1970. thence northerly over Georgia Highway rules as provided in rules 20(a) and 85W to junction Georgia Highway 85E, 100 thereof or take such other action as F. S. Neumann, thence over Georgia Highway 85E to it may deem appropriate. Persons who District Director, junction Alternate U.S. Highway 27, request a hearing or advice as to whether Lubbock, Tex. thence over Alternate U.S. Highway 27 to a hearing is ordered will receive notice of [F.R. Doc. 70-5871; Filed, May 12, 1970; Columbus, Ga., thence over U.S. High­ further developments in this matter, 8:49 a.m.] way 80 to Tuskegee); and (2) from including the date of the hearing (if Warm Springs, Ga., over Alternate U.S. ordered) and any postponements thereof. Highway 27 to Manchester, Ga., and re­ For the Commission (pursuant to turn over the same routes. delegated authority). INTERSTATE COMMERCE By the Commission. [seal] Orval L. DuBois, [seal] h . Neil Garson, Secretary. COMMISSION Secretary. [Notices] [F.R. Doc. 70-5870; Piled, May 12, 1970; [F.R. Doc. 70-5875; Filed, May 12, 1970; 8:49 a.m.] MOTOR CARRIER ALTERNATE ROUTE 8:50 a.m.] DEVIATION NOTICES May 8,1970. [Notice 16] SMALL BUSINESS The following letter-notices of pro­ MOTOR CARRIER ALTERNATE ROUTE posals to operate over deviation routes DEVIATION NOTICES ADMINISTRATION for operating convenience only have been [Delegation of Authority No. 30-C Lubbock, filed with the Interstate Commerce Com­ May 8,1970. Texas Disaster 760] mission under the Commission^ Re­ The following letter-notices of pro­ vised Deviation Rules—Motor Carriers of posals to operate over deviation routes MANAGER, PLAINVIEW, TEXAS Passengers, 1969 (49 CFR 1042.2(c)(0)) for operating convenience only have been DISASTER BRANCH OFFICE and notice thereof to all interested per­ filed with the Interstate Commerce Com­ Delegations Relating to Financial sons is hereby given as provided in such mission under the Commission’s Revised rules (49 CFR 1042.2(c) (9)). Deviation Rules—Motor Carriers of Assistance Functions Protests against the use of any pro­ Property, 1969 (49 CFR 1042.4(d) (11)) 1. Pursuant to the authority delegated posed deviation route herein described and notice thereof to all interested per­ to the district director by Delegation of may be filed with the Interstate Com­ sons is hereby given as provided in such Authority No. 30-C, 35 F.R. 5440, the merce Commission in the manner and rules (49 CFR 1042.4(d) (11)). following authority is hereby redelegated form provided in such rules (49 CFR Protests against the use of any pro­ to the position as indicated herein: 1042.2(c)(9)) at any time, but will not posed deviation route herein described A. Manager, Plainview, Tex., Disaster operate to stay commencement of the may be filed with the Interstate Com­ Branch Office. 1. To approve or decline proposed operations unless filed within merce Commission in the manner and disaster direct and immediate participa­ 30 days from the date of publication. form provided in such rules (49 CFR tion loans up to the total SBA share of Successively filed letter-notices of the 1042.4(d) (12)) at any time, but will not (a) $50,000 per household for repairs same carrier under the Commission’s operate to stay commencement of the for replacement of the home and/or not Revised Deviation Rules—Motor Carriers proposed operations unless filed within to exceed an additional $10,000 allowable of Property, 1969, will be numbered con­ 30 days from the date of publication. for household goods and personal items, secutively for convenience in identifica­ Successively filed letter-notices of the but in no event may the money loaned tion and protests, if any, should refer to same carrier under the Commission’s Re­ exceed $55,000 for a single disaster on such letter-notices by number. vised Deviation Rules—Motor Carriers home loans, except for funds to refinance Motor Carriers of Passengers of Property, 1969, will be numbered con­ prior Hens or mortgages, which may be secutively for convenience in identifica­ approved in addition to the foregoing No. MC 1515 (Deviation No. 544), tion and protests, if any, should refer to limits for amounts up to $50,000; and GREYHOUND LINES, INC. (Eastern such letter-notices by number. (b) $350,000 on disaster business loans Division), 1400 West Third Street, Cleve­ except to the extent of refinancing of a land, Ohio 44113, filed April 28, 1970. M otor Carriers of Property previous SBA disaster loan: to approve Carrier proposes to operate as a com­ N o.. MC 89723 (Deviation No. 17), disaster guaranteed loans up to $350,000, mon carrier, by motor vehicle, of pas­ sengers and their baggage, and express MISSOURI PACIFIC TRUCK LINES, and to decline disaster guaranteed loans INC., 210 North 13th Street, St. Louis, in any amount. and newspapers in the same vehicle with Mo. 63103, filed April 29, 1970. Carrier 2. To execute loan authorizations for passengers, over a deviation route as fol­ proposes to operate as a common carrier, Central, regional, and district approved lows: From Atlanta, Ga., over Interstate by motor vehicle, of general commodi­ loans and disaster loans approved under Highway 85 to junction Georgia Highway ties, with certain exceptions, over a devi­ delegated authority, said execution to 139, thence over Georgia Highway 139 to ation route as follows: From Jonesboro, read as follows: junction Georgia Highway 134, thence (Name), Administrator Ark., over U.S. Highway 63 to junction over Georgia Highway 134 to junction Interstate Highway 55, thence over In­ B y ------Georgia Highway 85, thence over Georgia Manager, Disaster Branch terstate Highway 55 to junction UB. Highway 85 to junction Georgia Highway Highway 64, and return over the same Office 85E, thence over Georgia Highway 85E 3. To cancel, reinstate, modify, and to Manchester, Ga., with following access route, for operating convenience only. amend authorizations for disaster loans route: From College Park, Ga., over un­ The notice indicates that the carrier is approved under delegated authority. numbered highway (Virginia Avenue) to presently authorized to transport the

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7477 same commodities, over pertinent serv­ shipper: The Valspar Corp., 200 Sayre N. Mex., to points in Oklahoma, Kansas, ice routes, as follows: (I) Prom Knobel, Street, Rockford, III. 61101 (David P. Nebraska, South Dakota, Illinois, Iowa, Ark., over Arkansas Highway 90 to junc­ Uetz). Send protests to: Keith P. Kohrs, Arkansas* Missouri, Mississippi, Cali­ tion Arkansas Highway 135, thence over District Supervisor, Interstate Commerce fornia, Arizona, and Texas on and north Arkansas Highway 135 to Paragould, Commission, Bureau of Operations, 705 of a line beginning at the Texas- Ark., thence over Arkansas Highway 1 Federal Office Building, Omaha, Nebr. Louisiana State line near Panola, Tex., to Wayne, Ark.; and (2) from Memphis, 68102. and extending along U.S. Highway 79 to Tenn., over U.S. Highway 70 to West No. MC 41951 (Sub-No. II TA), filed its intersection with U.S. Highway 81 at Memphis, Ark., thence over U.S. Highway May 1, 1970. Applicant: WHEATLEY Round Rock, Tex., thence along U.S. 64 to Bald Knob, Ark., and return over TRUCKING, INC., 125 Brohawn Avenue, Highway 81 to the international bound­ the same routes, limited to service which Cambridge, Md. 21613. Applicant’s rep­ ary of the United States and Mexico near is auxiliary to, or supplemental of, the resentative: Marion L. Wheatley (same Laredo, Tex. (except San Antonia, Tex.), rail service of the Missouri Pacific Rail­ address as above) . Authority sought to for 1,50 days. Supporting shippers: Good- road Co. operate as a common carrier, by motor pasture, Inc., Post Office Box 912, Brown­ By the Commission. vehicle, over irregular routes, transport­ field, Tex. 79316; Kerr-McGee Corp., ing: Fertilizer and fertilizer materials, Oklahoma City, Okla. 73102; Texas Farm [sealI H. N eil Garson, dry in bulk (except in hopper or pneu­ Products Co., Post Office Box 9, Nacog­ Secretary. matic equipment), and in bags, from doches, Tex. 75961; Tide Products, Inc., [F.R. Doc. 70-5846; Filed, May 12, 1970; Chesapeake, Va., to Seaford, Del., and Box 568, Littlefield, Tex. 79339; Occi­ 8:47 am.] Cambridge, Md., for 180 days. N ote: Ap­ dental Chemical Co., Post Office Box plication states it does not intend to tack 1185, Houston, Tex. 77001; Red Barn the authority here applied for to other Chemicals, Inc., Post Office Box 141, [Notice 73] authority held by it. Supporting shipper: Tulsa, Okla. 74102. Send protests to: MOTOR CARRIER TEMPORARY Smith-Douglass Division of Borden E. K. Willis, Jr., District Supervisor, AUTHORITY APPLICATIONS Chemical, Borden, Inc., Norfolk, Va., Interstate Commerce Commission, Bu­ George W. Olsen, Traffic Manager. Send reau of Operations, 513 Thomas Build­ M ay 7,1970. protests to: Paul J. Lowry, District ing, 1314 Wood Street, Dallas, Tex. 75202. The following are notices of filing of Supervisor, Interstate Commerce Com­ No. MC 110686 (Sub-No. 40 TA), filed applications for temporary authority un­ mission, Bureau of Operations, 206 Old May 4, 1970. Applicant:. McCORMICK der section 210a(a) of the Interstate Post Office Building, 129 East Main DRAY LINE, INC., Avis, Pa. 17721. Ap­ Commerce Act provided for under the Street, Salisbury, Md. 21801. plicant’s representative: J. S. Griffith new rules of Ex Parte No. MC-67 (49 No. MC 65429 (Sub-No. 5 TA), filed (same address as above). Authority CFR Part 1131) published in the F ederal May 4, 1970. Applicant: J & T TRANS­ sought to operate as a common carrier, Register, issue of April 27,1965, effective PORT, INC., 7990 National Highway, by motor vehicle, over irregular routes, July 1, 1965. These rules provide that Pennsauken, N.J. 08110. Applicant’s rep­ transporting: Iron and steel bars, from protests to the granting of an applica­ resentative: Charles E. Creager, Suite Avis, Pa., to Winchester, Ky., for 150 tion must be filed with the field official 523, 816 Easley Street, Silver Spring, Md. days. Supporting shipper: Jersey Shore named in the F ederal R egister publica­ 20910. Authority sought to operate as a Steel Co., Jersey Shore, Pa. Send protests tion, within 15 calendar days after the common carrier, by motor vehicle, over to: Paul J. Ken worthy, District Super­ date of notice of the filing of the appli­ irregular routes, transporting: Synthetic visor, Interstate Commerce Commission, cation is published in the F ederal R eg­ resins, from Woodbury, N.J., to points In Bureau of Operations, 309 U.S. Post ister. One copy of such protests must the commercial zone of Winchester, Va., Office Building, Scranton, Pa. 18503. be served on the applicant, or its au­ for 150 days. Supporting shipper: Poly- No. MC 112595 (Sub-No. 43 TA) , filed thorized representative, if any, and the rez Co., South Columbia Street and Rail­ May 4, 1970. Applicant: FORD BROTH­ protests must certify that such service road, Woodbury, N.J. 08096. Send pro­ ERS, INC., Post Office Box 727, Coal has been made. The protests must be tests to: Raymond T. Jones, District Grove, Ironton, Ohio 45638. Applicant’s specific as to the service which such pro- Supervisor, Interstate Commerce Com­ representative: Walter S. Dail (same ad­ testant can and will offer, and must con­ mission, Bureau of Operations, 410 Post dress as above). Authority sought to op­ sist of a signed original and six copies. Office Building, Trenton, N.J. 08608. erate as a common carrier, by motor ve­ A copy of the application is on file, and No. MC 87720 (Sub-No. 99 TA), filed hicle, over irregular routes, transporting: can be examined at the Office of the Sec­ May 4, 1970. Applicant: BASS TRANS­ Liquid spent yeast, in bulk, in tank retary, Interstate Commerce Commis­ PORTATION CO., INC., Old Croton vehicles, from Pittsburgh, Pa., to Co­ sion, Washington, D.C., and also in field Road, Flemington, N.J. 08822. Appli­ lumbus, Ohio, for 150 days. Supporting office to which protests are to be cant’s representative: Bert Collins, 140 shipper: Pittsburgh Brewing Co., 3340 transmitted. Cedar Street, New York, N.Y. 10006. Au- Liberty Avenue, Pittsburgh, Pa. 15201; thority sought to operate as a contract Attention: Kenneth A. McCulloch, Di­ Motor Carriers of P roperty carrier, by motor vehicle, over irregular rector of Personnel and Labor Relations. No. MC 25869 (Sub-No. 100 TA), filed routes, transporting: Household prod­ Send protests to: H. R. White, District May 1, 1970. Applicant: NOLTE BROS. ucts and related articles, between Chi­ Supervisor, Interstate Commerce Com­ TRUCK LINE, INC., Post Office Box cago, HI., and Canton, Ohio, for 180 days. mission, Bureau of Operations, 3108 Fed­ '184, Omaha, Nebr. 68107. Applicant’s Supporting shipper: Boyle-Midway, Di­ eral Office Building, 500 Quarrier Street, representative: Marshall D. Becker, 630 vision of American Home Products Corp., Charleston, W. Va. 25301. City National Bank Building, Omaha, 685 Third Avenue, New York, N.Y. 10017. No. MC 113024 (Sub-No. 89 TA), filed Nebr. 68102. Authority sought to operate Send protests to: Raymond T. Jones, May 1, 1970. Applicant: ARLINGTON J. as a common carrier, by motor vehicle, District Supervisor, Interstate Commerce WILLIAMS, INC., Rural Delivery No. 2, over irregular routes, transporting: Commission, Bureau of Operations, 410 Smyrna, Del. 19977. Applicant’s repre­ c/iemicals, adhesives, coatings, printing Post Office Building, Trenton, N.J. 08608. sentative: Samuel W. Eamshaw, 833 inks, putty, paints, and materials, sup­ No. MC 107064 (Sub-No. 76 TA), filed Washington Building, Washington, D.C. plies, and equipment, used in the manu- May 1, 1970. Applicant: STEERE TANK 20005. Authority sought to operate as a iacture or application thereof (except LINES, INC., 2808 Fairmount Street, contract carrier, by motor vehicle, over commodities in bulk), between the plant- Box 2998, Dallas, Tex. 75221. Applicant’s irregular routes, transporting: Plastic site and storage facilities of The Valspar representative: H. L. Rice, Jr., 630 Fidel­ products (except in bulk) for account /P*. Rockford, 111., and its com- ity Union Tower, Dallas, Tex. 75201. Au­ Haskon, Inc., from Middletown and merciai zone, on the one hand, and, on thority sought to operate as a common Marshallton, Del., to points in Colum­ tne other, points in Nebraska and Colo- carrier, by motor vehicle, over irregular biana, Allen, Henry, Licking, Mercer, raao restricted to traffic originating at routes, transporting: Potash, potash Sioto, Darke, Summit, and Williams j . “., destined to the named origins and products and potash "byproducts, from Counties, Ohio (except plastic products stinations, for 180 days. Supporting points in Lea and Eddy Counties, from Middletown, Del., to Delphos and

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7478 NOTICES

Versailles, Ohio), those in Ottawa, Broderick Tower, 10 Witherell, Detroit, plantsite of Kentucky Pallet Corp. at Kent, Huron, Gratiot, Wayne, Washte­ Mich. Scottsville, Ky., to points in North naw, Bay, Brach, and Macomb, Mich., No. MC 128205 (Sub-No. 12 TA), filed Dakota, South Dakota, Nebraska, Kan­ and those in Logan and Cook Counties, May 4, 1970. Applicant: BULKMATTC sas, Oklahoma, Texas, and all States HI., for 180 days. Supporting shipper: TRANSPORT COMPANY, 4141 George east thereof; (2) materials, supplies, and Haskon Plastic Products Division, Post Street, Schiller Park, HI. 60176. Appli­ equipment (except commodities in bulk) Office Box 257, Middletown, Del. 19700; cant’s representative: Irving Stillerman, from the destination States in (1) above Daniel J. Ward, Traffic Manager. Send 29 South La Salle Street, Chicago, HI. to the plantsites specified in (1) above, protests to: Paul J. Lowry, District 60603. Authority sought to operate as a for 180 days. N ote: The authority re­ Supervisor, Interstate Commerce Com­ common carrier, by motor vehicle, over quested will be performed under contin­ mission, Bureau of Operations, 206 Old irregular routes, transporting: Flour, in uing contracts with L. F. Strassheim Co., Post Office Building, 129 East Main bulk, in pneumatic tank vehicles, from Bowling Green, Ky., and Kentucky Pal­ Street, Salisbury, Md. 21801. Fort Wayne, Ind., to Chicago, HI., and let Corp., Scottsville, Ky. Supporting No. MC 126472 (Sub-No. 9 TA), filed points in the Chicago, HI., commercial shippers: Scott McLean, L. F. Strass­ May 4, 1970. Applicant: WILLCOXSON zone, for 180 days. Supporting shipper: heim Co., West Main Street, Bowling TRANSPORT, INC., Post Office Box 16, L. G. Ebbing, Traffic Manager, May­ Green, Ky. 42101; Scott McLean, Ken­ Bloomfield, Iowa 52537. Applicant’s rep­ flower Mills, 931 Leesburg Road, Fort tucky Pallet Corp., Scottsville, Ky. resentative: Kenneth P. Dudley, Post Wayne, Ind. 46808. Send protests to: 42164. Send protests to: Wayne L. Office Box 279, Ottumwa, Iowa 52501. Andrew J. Montgomery, District Super­ Merilatt, District Supervisor, Interstate Authority sought to operate as a com­ visor, Interstate Commerce Commission, Commerce Commission, Bureau of Oper­ mon carrier, by motor vehicle, over Bureau of Operations, U.S. Courthouse ations, 426 Post Office Building, Louis­ irregular routes, transporting: Anhy­ and Federal Office Building, Room 1086, ville, Ky. 40202. drous ammonia, in bulk, in tank trucks, 219 South Dearborn Street, Chicago, HI. No. MC 134561 TA, filed May 4, 1970. from Bellevue, Iowa, to points in Illi­ 60604. Applicant: CORLISS E. THORNHILL, nois and Minnesota, for 180 days. Sup­ No. MC 128273 (Sub-No. 69 TA), filed SR., doing business as THORNHILL porting shipper: Chevron Chemical Co., May 4, 1970. Applicant: MIDWESTERN ENTERPRISES, May Ray Avenue, Plais- Post Office Box 282, Fort Madison, EXPRESS, INC., 121 Humboldt Street, tow, N.H. 03865. Authority sought to Iowa 52627. Send protests to: Ellis L. Box 189, Fort Scott, Kans. 66701. Au­ operate as a common carrier, by motor Annett, District Supervisor, Interstate thority sought to operate as a common vehicle, over irregular routes, trans­ Commerce Commission, Bureau of Oper­ carrier, by motor vehicle, over irregular porting: Shoe findings, from Haverhill, ations, 677 Federal Building, Des Moines, routes, transporting: Feed and feed in­ Mass., to Manchester, N.H., for 180 days. Iowa. 50309. gredients, from Houston, Tex., to points Supporting shippers: The Gold Stampers No. MC 126472 (Sub-No. 10 TA), filed in Oklahoma, Kansas, Missouri, Ar­ Inc., 326 Taylor Street, Manchester, N.H.; May 4, 1970, Applicant: WILLCOXSON kansas, Colorado, Nebraska, Louisiana, G. R. Swartz Co., Inc., 104 Essex Street, TRANSPORT, INC., Post Office Box 16, and New Mexico, for 180 days. Support­ Haverhill, Mass.; Servcut, Inc., Hale Bloomfield, Iowa 52537. Applicant’s rep­ ing shipper: Olin Corp., Post Office Box Street, Haverhill, Mass. Send protests to: resentative: Kenneth F. Dudley, Post 991, Little Rock, Ark. Send protests to: District Supervisor Ross J. Seymour, Office Box 279, Ottumwa, Iowa 52501. M. E. Taylor, District Supervisor, Inter­ Bureau of Operations, Interstate Com­ Authority sought to operate vas a com­ state Commerce Commission, Bureau of merce Commission, 424 Federal Building, mon carrier, by motor vehicle, over ir­ Operations, 501 Petroleum Building, 221 Concord, N.H. 03301. regular routes, transporting: Anhydrous South Broadway, Wichita, Kans. 67202. By the Commission. ammonia, in bulk, in tank vehicles, from No. MC 134535 (Sub-No. 1 TA), filed Early, Iowa, to points in Minnesota, May 4, 1970. Applicant: CASALE CON­ [seal] H. N eil Garson, Nebraska, and South Dakota, for 180 TRACT CARRIERS INC., 156 Old Post Secretary. days. Supporting shipper: Chevron Road, Edison, N.J. 08817. Applicant’s rep­ [F.R. Doc. 70-5847; Filed, May 12, 1970; Chemical Co., Post Office Box 282, Fort resentative: Edward Bowes, 744 Broad 8:47 a.m.] Madison, Iowa 52627. Send protests to: Street, Newark, N.J. 07102. Authority Ellis L. Annett, District Supervisor, In­ sought to operate as a contract carrier, by motor vehicle, over irregular routes, [Notice 74] terstate Commerce Commission, Bureau transporting: Carpeting, rugs, and pad­ of Operations, 677 Federal Building, Des ding, from Inwood, N.Y., to points in MOTOR CARRIER TEMPORARY Moines, Iowa 50309. New Jersey, Philadelphia, Pa., points in AUTHORITY APPLICATIONS No. MC 127335 (Sub-No. 3 TA), filed Bucks, Chester, Delaware, and Mont­ May 8, 1970. May 1, 1970. Applicant: HAROLD gomery Counties, Pa., Bridgeport, Conn., COUSINS, INC., 117 Turk' Street, Pon­ The following are notices of filing of and Staten Island, N.Y., and between applications for temporary authority un­ tiac, Mich. 48053. Applicant's representa­ Inwood, N.Y. and Dedham, Mass., for tive: John W. Ester, Suite 1700, 1 Wood­ der section 210a(a) of the Interstate 150 days. Supporting shipper: Allen Car­ Commerce Act provided for under the ward Avenue, Detroit, Mich. 48226. pet Shops, Inc., 600 Bayview Avenue, Authority sought to operate as a com­ new rules of Ex Parte No. MC-67 (49 Inwood, N.Y. 11696. Send protests to: CFR Part 1131) published in the F ed­ mon carrier, by motor vehicle, over District Supevisor Robert S. H. Vance, irregular routes, transporting: Malt eral R egister, issue of April 27, 1965, Bureau of Operations, Interstate Com­ effective July 1, 1965. These rules pro­ beverages, from La Crosse and Sheboy­ merce Commission, 970 Broad Street, gan, Wis., to Milwaukee, Wis., and points vide that protests to the granting of an Newark, N.J. 07102. application must be filed with the field within the Milwaukee, Wis., commercial No. MC 134554 TA, filed May 1, 1970. zone, restricted to traffic having a sub­ official named in the F ederal R egister Applicant: McLEAN TRANSPORT CO., publication, within 15 calendar days after sequent movement by rail to Pontiac, Post Office Box 237, Bowling Green, Mich., for 180 days. Note: Applicant the date of notice of the filing of the ap­ Ky. 42101. Applicant’s representative: plication is published in the Federal states it intends to tack and interline the Louis J. Amato, Central Building, 1033 authority sought herein. Supporting R egister. One copy of such protests must State Street. Bowling Green, Ky. 42101. be served on the applicant, or its author­ shippers: H. J. Van Hollenbeck, Distrib­ Authority sought to operate as a con­ utor, Inc., 60 North Rose Street, Mount tract carrier, by motor vehicle, over ir­ ized representative, if any, and the pro­ Clemens, Mich. 48044; Beer Co. of Battle regular routes, transporting: (1) Logs, tests must certify that such service has Creek, Inc., 4407 West Columbia Avenue, lumber, pallets, skids, bases, waste wood been made. The protests must be specific Battle Creek, Mich. 49017 ; Becker Dis­ products, wood products, plastic mould­ as to the service which such protestant tributing Co., 1543 Memorial Highway, ings, finished brushes, new furniture, can and will offer, and must consist of Post Office Box 1273, Saginaw, Mich. furniture assemblies, and canvas assem­ Send protests to: District Supervisor blies\ and canvas assemblies for furni­ a signed original and six copies. Gerald J. Davis, Interstate Commerce ture, from the plantsite of L. F. Strass- A copy of the application is on file, and Commission, Bureau of Operations A1110 helm Co., at Bowling Green, Ky., and the can be examined at the Office of the

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7479

Secretary, Interstate Commerce Commis­ Co., Hot Springs, Ark. 71901. Send pro­ presently has all the authority requested sion, Washington, D.C., and also in field tests to District Supervisor William H. herein with the exception that it all must office to which protests are to be Land, Jr., Interstate Commerce Commis­ originate at the plantsite, for 180 days. transmitted. sion, Bureau of Operations, 2519 Federal Supporting shippers: Pepper Packing Office Building, 700 West Capitol, Little Co., 901 East 46th Avenue, Denver, Colo. Motor Carriers op Property Rock, Ark. 72201. 80216 (Post Office Box 16557); York No. MC 102616 (Sub-No. 854 TA), filed No. MC 114389 (Sub-No. 12 TA), filed Packing Co., Inc., Post Office Box 5244 May 6,1970. Applicant: COASTAL TANK May 6, 1970. Applicant: GALE B. T.A., Denver, Colo. 80217. Send protests LINES, INC., 215 East Waterloo Road, ALEXANDER, 120 South Ward Street, to: District Supervisor C. W. Buckner, Akron, Ohio 44319. Applicant’s repre­ Ottumwa, Iowa 52501. Applicant’s repre­ Interstate Commerce Commission, Bu­ sentative: James Annand (same address sentative: Kenneth F. Dudley, Post Of­ reau of Operations, 2022 Federal Build­ as above). Authority sought to operate as fice Box 279, Ottumwa, Iowa 52501. Au­ ing, Denver, Colo. 80202. a common carrier, by motor vehicle, over thority sought to operate as a contract No. MC 127834 (Sub-No. 54 TA), filed irregular routes, transporting: Bisphenol carrier, by motor vehicle, over irregular May 6, 1970. Applicant: CHEROKEE A, in bulk, in tank vehicles, from routes, transporting: Car crushers, office HAULING & RIGGING, INC., 540-42 Wheeling, W. Va., to Natrium, W. Va., on machine crushers, motor "block breakers, Merritt Avenue, Nashville, Tenn. 37203. traffic having a prior out-of-State move­ engine pullers, and related parts and Applicant’s representative: N. Bryan ment, for 180 days. Supporting shipper: accessories, from the plantsite and facili­ Stanley (same address as above) . Au­ Mobay Chemical Co., Penn Lincoln Park­ ties of Al-Jon, Inc., near Ottumwa, Iowa, thority sought to operate as a common way West, Pittsburgh, Pa. 15205. Send to points in the United States (except carrier, by motor vehicle, over irregular protests to: G. J. Baccei, District Super­ Alaska and Hawaii), for 180 days. Sup­ routes, transporting: Aluminum and visor, Interstate Commerce Commission, porting shipper: Al-Jon, Inc., Post Office aluminum articles (except commodities Bureau of Operations, 181 Federal Office Box 592, Ottumwa, Iowa 52501. Send in bulk), from the plantsites, warehouses, Building, 1240 East Ninth Street, Cleve­ protests to: Ellis L. Annett, District Su­ production, and distribution facilities of land, Ohio 44199. pervisor, Interstate Commerce Commis­ Consolidated Aluminum Corp., located at No. MC 107064 (Sub-No. 77 TA ), filed sion, Bureau of Operations, 677 Federal or near New Johnsonville and Jackson, May 4, 1970. Applicant: STEERE TANK Building, Des Moines, Iowa 50309. Tenn., to points in Alabama, Florida, Hli- LINES, INC., 2808 Fairmount Street, No. MC 123936 (Sub-No. 3 TA), filed nois, Indiana, Iowa, Kentucky, Louisiana, Dallas, Tex. 75221. Applicant’s repre­ May 6, 1970. Applicant: RETAIL Michigan, Minnesota, Mississippi, Mis­ sentative: Hugh T. Matthews, 630 Fi­ STORES DELIVERY OF RHODE IS­ souri, New Jersey, New York, Ohio, delity Union Tower, Dallas, Tex. 75201. LAND, INC., 208 Kinsley Avenue, Provi­ Pennsylvania, and Wisconsin, for 180 Authority sought to operate as a common dence, R.I. 02903. Applicant’s represent­ days. Supporting shipper: Consolidated carrier, by motor vehicle, over irregular ative: Arthur Liberstein, 30 Church Aluminum Corp., Jackson, Tenn. 38301. routes, transporting: Fertilizer and fer­ Street, New York, N.Y. 10007. Authority Send protests to: Joe J. Tate, District tilizer ingredients,, from points in Hale sought to operate as a common carrier, Supervisor, Interstate Commerce Com­ County, Tex., to points in El Paso, by motor vehicle, over irregular routes, mission, Bureau of Operations, 803—1808 Hudspeth, Culberson, Loving, Reeves, Jeff transporting: Such commodities, as are West End Building, Nashville, Tenn. Davis, and Presidio Counties, Tex., for dealt in by retail department stores, in a 37203. 180 days. N ote: Carrier does not intend retail delivery service, between New Lon­ No. MC 134567 TA, filed May 6, 1970. to tack authority. Supporting shipper: don, Conn.; Fall River, Mass.; New Bed­ Applicant: RAMON RINE, Osceola, Ark. Occidental Chemical Co., Post Office ford, Mass.; and points in Rhode Island, 72370. Applicant’s representative: Louis Box 1185, Houston, Tex. 77001. Send pro­ for 180 days. N ote: Applicant does not Tarlowski, Pyramid Life Building, Little tests tor E. K. Willis, Jr., District Super­ intend to teck with its existing authority Rock, Ark. 72201. Authority sought to visor, Interstate Commerce Commission, and Sub Nos. thereunder. Supporting operate as a contract carrier, vehicle over Bureau of Operations, 513 Thomas Build­ shippers: The Outlet Co. of Providence, irregular routes, transporting: Household ing, 1314 Wood Street, Dallas, Tex. 75202. Rhode Island, 176 Weybosset Street, goods shipping and storage containers, No. MC 107295 (Sub-No. 380 TA), filed Providence, R.I. 02903; Cherry & Webb, knocked-down flat palletized, from plants May 6, 1970. Applicant: PRE-FAB Inc., 789 Waterman Avenue, East Provi­ site and warehouse facilities of Mizpah TRANSIT CO., Post Office Box 146, dence, R.I. 02914. Send protests to: Ger­ Container Co., Caruthersville,. Mo., to Farmer City, HI. 61842. Authority sought ald H. Curry, District Supervisor, Inter­ points in the continental United States to operate as a common carrier, by motor state Commerce Commission, Bureau of on and east of U.S. Highway 85 and vehicle, over irregular routes, transport­ Operations, 187 Westminster Street, Interstate Highway 25, for 150 days. Sup­ ing: Prefinished paneling and particle- Providence, R.I. 02903. porting shipper: Mizpah Container Co., hoard, from the plantsite and ware­ No. MC 124377 (Sub-No. 15 TA), filed Post Office Box 215, Caruthersville, Mo. house facilities of Evans Products Co., at May 6, 1970. Applicant: REFRIGER­ 63830. Send protests to: District Super­ Memphis, Tenni, to points in Arkansas, ATED FOODS, INC., Post Office Box visor William H. Land, Jr., Interstate Connecticut, Delaware, Massachusetts, 1018, Denver, Colo. 80201. Applicant’s Commerce Commission, Bureau of Oper­ Minnesota, Nebraska, New Jersey, New representative: John H. Lewis, The 1650 ations, 2519 Federal Office Building, 700 York, North Carolina, Oklahoma, Ver­ Grant Street Building, Denver, Colo. West Capitol, Little Rock, Ark. 72201. mont, and West Virginia, for 180 days. 80203. Authority sought to operate as a Supporting shipper: Evans Products Co., contract carrier, by motor vehicle, over By the Commission. Post Office Box 880, Corona, Calif. 91720. irregular routes, transporting: Meat, [seal] H. N eil Garson, Send protests to: Harold Jolliff, District meat products, and meat byproducts, Secretary. Supervisor, Interstate Commerce Com­ as described in section A of appendix I to the report in Descriptions in Motor [F.R. Doc. 70-5876; Filed, May 12, 1970; mission, Bureau of Operations, Room 8:50 a.m.] 476, 325 Wèst Adams Street, Springfield, Carrier Certificates, 61 M.C.C. 209 and HI. 62704. - 766; (1) from plantsite, warehouse, and storage facilities utilized by the Pepper [Notice 534] No. MC 111170 (Sub-No. 142 TA), filed Packing Co. at Denver, Colo., to points May 6, 1970. Applicant : WHEELING MOTOR CARRIER TRANSFER TTPE LINE, INC., Post Office Box 1718, in California; (2) from plantsite, ware­ house, and storage facilities utilized by PROCEEDINGS El Dorado, Ark. 71730. Authority sought the York Packing Co., Inc., at York, to operate as a common carrier, by motor Nebr., to Denver, Colo., and points in May 8,1970. vehicle, over irregular routes, transport- California. The purpose of this applica­ Synopses of orders entered pursuant iug: Novacite/novaculite (Silica), dry, tion is to permit applicant to serve the to section 212(b) of the Interstate Com­ in bulk, from Hot Springs, Ark., to Ches- shippers from warehouse and storage fa­ merce Act, and rules and regulations erfield and St. Louis, Mo., for 180 days. cilities of said companys rather only from prescribed thereunder (49 CFR Part Supporting shipper: Malvern Minerals the plantsite of these shippers. Applicant 1132), appear below:

No. 93-----io FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7480 NOTICES

As provided in the Commission’s Spe­ ber 8, 1950, to C. J. Moody, doing the Commission. Authority which ulti­ cial Rules of Practice any interested per­ business as City View Transfer, 1010 mately may be granted as a result of the son may file a petition seeking recon­ Woodside Avenue, Greenville, S.C. 29611, applications here noticed will not neces­ sideration of the following numbered authorizing the transportation of house­ sarily reflect the phraseology set forth in proceedings within 20 days from the date hold goods as defined in Practices of the application as filed, but also will of publication of this notice. Pursuant to Motor Common Carriers of Household eliminate any restrictions which are not section 17(8) of the Interstate Coirimerce Goods, 17 M.C.C. 467, between Green­ acceptable to the Commission. Act, the filing of such a petition will post­ ville, S.C., and points in South Carolina Applications Assigned for Oral within 35 miles of Greenville, on the one pone the effective date of the order in H earing that proceeding pending its disposition. hand, and, on the other, points in The matters relied upon by petitioners Georgia and North Carolina. MOTOR CARRIERS OF PROPERTY must be specified in their petitions with [seal] H. N eil Garson, No. MC 124004 (Sub-No. 16), filed particularity. Secretary. April 17, 1970. Applicant: RICHARD No. MC-FC-72028. By order of May 6, [F.R. Doc. 70-5877; Filed, May 12, 1970; DAHN, INC., Rural Delivery 1, Sparta, 1970, the Motor Carrier Board, on re­ 8:50 ajn.] N.J. 07871. Applicant’s representative: consideration, approved the transfer to George A. Olsen, 69 Tonnele Avenue, American Freight Line, Inc., Kansas City, Jersey City, N.J. 07306. Authority sought Mo., the operating rights in certificate FOURTH SECTION APPLICATIONS FOR to operate as a common carrier, by motor No. MC-129385 issued October 31, 1968, RELIEF vehicle, over irregular routes, transport­ to Bonita Motor Line, Inc., Kansas City, ing: (1) Salt, from Seneca Lake Mine, Mo., authorizing the transportation of May 8, 1970. Milo Township (Yates County), N.Y., general commodities, excluding house­ Protests to the granting of an appli­ to points in Connecticut, Delaware, Dis­ hold goods and commodities in bulk and cation must be prepared in accordance trict of Columbia, Maryland, Maine, other usual exceptions, and specific com­ with Rule 1100.40 of the general rules of Massachusetts, New Hampshire, New modities, from, to, or between specified practice (49 CFR 1100.40) and filed with­ Jersey, New York, Pennsylvania, Rhode points in Kansas, Missouri, and Iowa. in 15 days from the date of publication Island, and Vermont; and (2) returned Tom B. Kretsinger, 450 Professional of this notice in the F ederal R egister. shipments of salt, from points in the Building, Kansas City, Mo. 64106, at­ above-named destination States to Sen­ torney for applicants. Long-and-S hort H aul eca Lake Mine, Milo Township (Yates No> MC-FC-72120. By order of May 6, FSA No. 41951—Iron and steel articles County), N.Y. N ote: Applicant states 1970, the Motor Carrier Board approved from Hennepin, III. Filed by Illinois that the requested authority cannot be the transfer to Glen Canny and Ronald Freight Association, agent (No. 354), for tacked with its existing authority. Canny, a partnership, doing business as interested rail carriers. Rates on iron HEARING: June 23, 1970, at the Of­ Canny’s Livestock, Osage, Iowa, of the and steel articles, in carloads, as de­ fices of the Interstate Commerce Com­ operating rights in certificates Nos. MC- scribed in the application, from Henne­ mission, Washington, D.C., before an ex­ 19595 and MC-19595 (Sub-No. 2), issued pin, HI., to Cedars, Miss. aminer to be later designated. May 11, 1964, and October 30, 1964, re­ Grounds for relief—Market competi­ No. MC 133419 (Sub-No. 1), filed spectively, to Ralph Brumm and Glen G. tion. March 30, 1970. Applicant: WILLIAM Canny, a partnership, doing business as Tariff—Supplement 47 to Hlinois PFOHL TRUCKING CORP., 83 Pfohl Brumm & Canny, Osage, Iowa, authoriz­ Freight Association, agent, tariff ICC Road, Cheektowaga, N.Y. 14225. Appli­ ing the transportation of livestock, from 1159. cant’s representative: Edward B. Osage, Iowa, and points within 30 miles FSA No. 41952—Iron and steel articles Murphy, 1103 Liberty Bank Building, of Osage, to Albert Lea and St. Paul, from Hennepin, III. Filed by Hlinois Buffalo, N.Y. 14202. Authority sought to Minn., and Chicago, 111.; feed, seed, Freight Association, agent (No. 355), operate as a common carrier, by motor tankage, livestock, and farm implements, for interested rail carriers. Rates on iron vehicle, over irregular routes, transport­ from Albert Lea and St. Paul, Minn., and and steel articles, in carloads, as de­ ing : Rock salt, in packages and in bulk, Chicago, 111., to Osage, Iowa, and points scribed in the application, from Henne­ from Seneca Lake Mine, of Morton Salt within 30 miles of Osage; livestock, feed, pin, HI., to New Orleans, La. Co., Severne Road, Himrod (Yates County), State of New York, to points in seed, and tankage, between Osage, Iowa, Grounds for relief—Market competi­ and points within 30 miles of Osage, on Pennsylvania; and returned, refused, and tion. rejected merchandise of the same de­ the one hand, and, on the other, South Tariff—Supplement 47 to Hlinois St. Paul and Austin, Minn.; and animal scription, on return. Freight Association, agent, tariff ICC HEARING: June 23, 1970, at the Of­ blood, from Albert Lea, Minn., to Osage, 1159. Iowa. Erwin Larson, 200 Wisconsin fices of the Interstate Commerce Com­ Street, Charles City, Iowa 50616, attorney By the Commission. mission, Washington, D.C., before an ex­ aminer to be later designated. for applicants. [seal] H. Neil G arsons No. MC-FC-72123. By order of May 6, Secretary. No. MC 1486 (Sub-No. 3) (Republica­ 1970, the Motor Carrier Board approved tion) , filed September 8, 1969, published [F.R. Doc. 70-5878; Filed, May 12, 1970; in the F ederal R egister issue of Octo­ the transfer to Berens Express, Inc., 8:50 a.m.] North Chicago, 111., of certificate of regis­ ber 23, 1969, and republished this issue. tration No. MC-98917 (Sub-No. 1) issued Applicant: VAN BRUNT & SON, INC;, May 20, 1965, to Jerome T. Berens, doing [Notice 43] Box 192, Bordentown Avenue, Old Bridge, business as Berens Express, North Chi­ N.J. 08857. Applicant’s representative: cago, 111., evidencing a right to engage MOTOR CARRIER APPLICATIONS AND Alexander Markowitz, 1619 Woodcrest in transportation in interstate commerce CERTAIN OTHER PROCEEDINGS Drive, Vineland, N.J. 08360. The modified procedure has been followed in this pro­ as described in certificate of public con­ May 8,1970. venience and necessity No. 2721MC, ceeding, and an order of the Commission, dated October 5, 1954, issued by the The following publications are gov­ Operating Rights Board, dated April 21, Illinois Commerce Commission. Irving erned by the new Special Rule 1.247 of 1970, and served April 29,1970, finds that Stillerman, 29 South La Salle Street, the Commission’s rules of practice, pub­ the present and future public conven­ Chicago, HI. 60603, attorney for appli­ lished in the F ederal R egister, issue of ience and necessity require operation by cants. December 3,1963, which became effective applicant, in interstate or foreign com­ January 1,1964. merce, as a common carrier by motor ve­ No. MC-FC-72128. By order of May 6, The publications hereinafter set forth hicle, over irregular routes, of general 1970, the Motor Carrier Board approved reflect the scope of the applications as commodities (except those of unusual the transfer to Reba Burns Moody, 133 filed by applicant, and may include de­ value, classes A and B explosives, house­ Oak Hill Drive, Greenville, S.C. 29611, of scriptions, restrictions, or limitations hold goods as defined by the Commission, certificate No. MC-107140, issued Novem­ which are not in a form acceptable to commodities in bulk, and those requiring

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7481 special equipment), between points in propriate petition to reopen or for other proper party in interest may file a peti­ Berks, Lehigh, Philadelphia, Montgom­ appropriate relief setting forth in detail tion to reopen or for other appropriate ery, Northampton, Carbon, Bucks, and the precise manner in which it has been relief setting forth in detail the precise Luzerne Counties, Pa. ; restricted to the so prejudiced. manner in which it has been so transportation of traffic having an imme­ No. MC 118457 (Sub-No. 6) (Repub­ prejudiced. diately prior or subsequent movement by lication), filed June 17, 1968, published No. MC 121060 (Sub-No. 6) (Republi­ rail; that applicant is fit, willing, and in the F ederal R egister issue of July 4, cation) filed April 2, 1969, published in able properly to perform such service and 1968, and republished this issue. Appli­ the F ederal R egister issue of May 1, to conform to the requirements of the cant: ROBBINS DISTRIBUTING COM­ 1969, and republished this issue. Appli­ Interstate Commerce Act and the Com­ PANY, INC., 300 Dodge Street, Racine, cant: ARROW TRUCK LINES, INC., mission’s rules and regulations there­ Wis. 53402. Applicant’s representative; 1220 West Third, Post Office Box 5568, under. Because it is possible that other William C. Dineen, 710 North Plankinton Birmingham, —Ala. 35407. Applicant’s parties, who have relied upon the notice Avenue, Milwaukee, Wis. 53203. A report representative: Robert E. Tate, Post of the application as previously pub­ and recommended order of the Hear­ Office Box 517, Evergreen, Ala. 36401. lished, may have an interest in and would ing Examiner which became effective A decision and order of the Commission, be prejudiced by the lack of proper notice April 20, 1970, and was served April 27, Review Board No. 2, dated April 22, 1970, of the authority described in the findings 1970, finds that the present and future and served April 28, 1970, upon consid­ of this order, a notice of the authority public convenience and necessity require eration of the application and the record actually granted will be published in the operation by applicant as a common car­ in the proceeding including the report Federal R egister and issuance of a cer­ rier by motor vehicle in interstate or and recommended order of the Examiner, tificate in this proceeding will be with­ foreign commerce, over irregular routes, finds: that the present and future public held for a period of 30 days from the date of (1) frozen foods, and prepared food convenience and necessity require opera­ of such publication, during which period products, from Waukesha, Wis., to points tion by applicant, in interstate or foreign any proper party in interest may file an in Illinois, Indiana, Ohio, Kentucky, Mis­ commerce, as a common carrier by motor appropriate petition for leave to inter­ souri, and the Lower Peninsula of Michi­ vehicle, over irregular routes; (1) of vene in this proceeding setting forth in gan; (2) meats, meat products, and lime, cement, lumber, concrete products, detail the precise manner in which it has meat byproducts and articles distributed pipe, brick, and terra cotta pipe, between been so prejudiced. by meat packinghouses, as described in points in Jeffersoij, Shelby, and St. Clair No. MC 115771 (Sub-No. 11) (Repub­ sections A and C of appendix I to the Counties, Ala., on the one hand, and, on lication), filed September 5, 1969, pub­ report in Motor Carrier Certificates, 61 the other, points in Alabama; and (2) of lished in the F ederal R egister issue of M.C.C. 209 and 766 from Kenosha, Wis., road building and, excavating equipment, October 2, 1969, and republished this to points in Illinois, Indiana, Ohio, Ken­ construction materials and supplies, and issue. Applicant: PENBROOK HAUL­ tucky, Missouri, and the Lower Penin­ contractors machinery between points in ING COMPANY, INC., Post Office Box sula of Michigan; (3) meats, meat prod­ Alabama except points in Washington, 4213, Harrisburg, Pa. 17111. Applicant’s ucts, and meat byproducts, and articles Mobile, Baldwin, Escambia, Covington, representative:. Robert L. Bailey (same distributed by meat packinghouses as Coffee, Geneva, Dale, Henry, and Hous­ address as applicant). The modified pro­ described in sections A and C of appendix ton Counties, both (1) and (2), above, cedure has been followed in this proceed­ I to the descriptions case, frozen foods, restricted against the transportation of ing, and an Order of the Commission, flour, maple syrup, and cheese from Fort commodities in bulk. That applicant is Operating Rights Board, dated April 24, Atkinson, Wis., to points in Illinois, Indi­ fit, willing, and able properly to perform 1970, and served May 4, 1970, finds; that ana, Ohio, Kentucky, Missouri and the such service and to conform to the re­ the present and future public conven­ Lower Peninsula of Michigan; quirements of the Interstate Commerce ience and necessity require operation by (4) Frozen foods from Milwaukee, Act and the Commission’s rules and applicant, in interstate or foreign com­ Wis., to points in Illinois, Indiana, Ohio, regulations thereunder. Because it is merce, as a common carrier by motor Kentucky, Missouri, and the Lower possible that other parties, who have vehicle, (1) of mobile offices, mobile Peninsula of Michigan; (5) cheese, from relied upon, the notice of the application shops, mobile storage units, and mobile Mayville, Watertown, and Kiel, Wis., to as published, may have an interest in display facilities (except, in each case, points in Illinois, Indiana, Ohio, Ken­ and would be prejudiced by the lack of trailers designed to be drawn by passen­ tucky, Missouri, and the Lower Peninsula proper notice of the authority described ger automobiles, and buildings in sections of Michigan; (6) cheese and cheese food in the findings in this order, a notice of mounted on wheeled undercarriages with products, from Waupaca, Hilbert, and the authority actually granted will be hitchball connectors); and (2) of general Kaukauna, Wis., to points in Illinois, published in the F ederal R egister and commodities (except classes A and B Indiana, Ohio, Kentucky, Missouri, and issuance of a certificate in this proceed­ explosives, household goods as defined by the Lower Peninsula of Michigan; (7) ing will be withheld for a period of 30 the Commission, commodities in bulk, frozen foods from Chicago and Deer­ days from the date of such publication, and those requiring special equipment) field, HI., to points in Wisconsin; and during which period any proper party when transported in, and in connection (8) frozen pizza, from Chicago Heights, in interest may file a petition to reopen with, the commodities described in (1) 111., to points in Wisconsin, restricted to or for other appropriate relief setting above, between points in Maryland, New transportation of traffic originating at forth in detail the precise manner in Jersey, New York, Pennsylvania, and the named origins and * destined to which it has been so prejudiced. Virginia, on the one hand, and, on the points in the named destination States; No. MC 123048 (Sub-No. 153) (Repub­ other, points in the United States (except that applicant is fit, willing, and able Alaska, California, Colorado, Hawaii, lication) , filed May 12, 1969, published properly to perform such service and to in the F ederal R egister issue of May 29, Idaho, Montana, Nevada, North Dakota, conform to the requirements of the 1969, and republished, this issue. Appli­ Oregon, South Dakota, Utah, Washing­ Interstate Commerce Act and the Com­ cant: DIAMOND TRANSPORTATION ton» and Wyoming) . Because it is pos­ mission’s rules and regulations there­ SYSTEM, INC., 1919 Hamilton Avenue, sible that other parties, who have relied under. Because it is possible that other upon the notice of the application as pre­ Racine, Wis. Applicant’s representatives: persons, who have relied upon the notice Paul C. Gartzke, 121 West Doty Street, viously published, may have an interest of the application as published, may have in and would be prejudiced by the* lack Madison, Wis. 53703, and Paul Martin­ an interest in and would be prejudiced son, Post Office Box A, Racine, Wis. of proper notiee of the authority de­ by the lack of proper notice of the au­ scribed in the findings in this order, a 53401. A report and recommended order thority described in the findings in this of the Hearing Examiner, which became n?^c® °f the authority actually granted order, a notice of the authority actually will be published in the F ederal R egis­ effective April 6, 1970, and was served granted will be published in the F ederal April 16, 1970, finds; that the present ter and issuance of a certificate in this proceeding will be withheld for a R egister and issuance of a certificate in and future public convenience and of 30 days from the date of such this proceeding will be withheld for a necessity require operation by applicant publication, during which period any period of 30 days from the date of such as a common carrier by motor vehicle, proper party in interest may file an ap­ publication, during which period any in interstate or foreign commerce, over

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7482 NOTICES irregular r o u t e s , of (1) (a) beach over irregular routes, of display mate­ setting forth in detail the precise man­ cleaners; (b) rock pickers; and (c) parts rials and equipment exhibits, in demon­ ner in which it has been so prejudiced. and attachments for agricultural ma­ stration trailers (except those designed No. MC 133607 (Sub-No. 1) (Republi­ chinery, for agricultural implements, for to be drawn by passenger automobiles), cation) , filed Augus> 8, 1969, published beach cleaners, and for rock pickers, between points in the United States, ex­ in the F ederal R egister issue of Septem­ from Gering, Nebr., to points in Florida, cept Alaska and Hawaii; that applicant ber 5, 1969, and republished this issue. Michigan, North Dakota, Texas, and is fit, willing, and able properly to per­ Applicant: JAMES DOSS, doing busi­ Wisconsin; (2) parts and attachments form such service and to conform to the ness as DOSS MOVING & STORAGE, for agricultural machinery, for agricul­ requirements of the Interstate Com­ 400 Wilcox SW., Post Office Box 1341, tural implements, for beach cleaners, merce Act and the Commission’s rules Sierra Vista, Ariz. 85635. Applicant’s and for rock pickers, from Gering, Nebr., and regulations thereunder. Because it is representative: A. Michael Bernstein, to points in Alabma, Connecticut, possible that other persons, who have 1327 United Bank Building, Phoenix, Delaware, Illinois, Indiana, Iowa, Kan­ relied upon the notice of the application .£riz. 85012. The modified procedure has sas, Louisiana, Maine, Massachusetts, as published, may have an interest in been followed in this proceeding, and a Minnesota, Mississippi, Missouri, New and would be prejudiced by the lack of report and order of the Commission, de­ Jersey, New York, North Carolina, Ohio, proper notice of the authority described cided April 30, 1970, and served May 6, Pennsylvania, South Carolina, South in the findings in this order, a notice of 1970, finds; that the present and future Dakota, and Virginia; the authority actually granted will bo public convenience and necessity require (3) (a) agricultural machinery and published in the F ederal R egister, and operation by applicant, in interstate or agricultural implements; (b) beach issuance of a certificate in this proceed­ foreign commerce, as a common carrier cleaners; (c) rock pickers; and (d) parts ing will be withheld for a period of 30 by motor vehicle, over irregular routes, and attachments for the commodities days from the date of such publication, of used household goods between the described above in (a), (b), and (c), during which period any proper party points indicated below, restricted to the from Gering, Nebr., to points in Arkan­ in interest may file a petition to reopen transportation of traffic having a prior sas, Georgia, Kentucky, Maryland, New or for other appropriate relief setting or subsequent movement, in containers, Hampshire, Oklahoma, Rhode Island, forth in detail the precise manner in beyond the points authorized and further Tenneessee, Vermont, and West Vir­ which it has been so prejudiced. restricted to the performance of pickup ginia; with the authority specified above No. MC 133356 (Sub-No. 1) (Republi­ and delivery service in connection with in (1), (2), and (3), restricted to traffic cation), filed September 8, 1969, pub­ packing, crating, and containerization originating at Gering, Nebr., and re­ lished in the F ederal R egister issue of or unpacking, uncrating, and decon­ stricted against the transportation of October 9, 1969, and republished this tainerization of such traffic; between commodities requiring special equipment issue. Applicant: SUNVAN & STORAGE points in Cochise, Santa Cruz and Pima by reason of size or weight: Provided, COMPANY, INC., 534 Westlake Avenue Counties, Ariz., that applicant is fit, will­ That the authority herein authorized, to N., Seattle, Wash. 98109. Applicant’s ing, and able properly to perform such the extent it duplicates any heretofore representative: Joseph O. Earp, 607 service and to conform to the require­ granted to applicant, shall not be con­ Third Avenue, Seattle, Wash. 98104. The ments of the Interstate Commerce Act strued as conferring more than one modified procedure has been followed in and the Commission’s rules and regula­ operating right; that applicant is fit, this proceeding, and a report and order tions thereunder. Because it is possible willing, and able properly to perform of the Commission, Review Board Num­ that other parties, who have relied upon the operation described in this order, and ber 1, decided April 30, 1970, and served the notice of the application as published, to conform to the requirements of the May 6, 1970, finds that the present and may have an interest in and would be Interstate Commerce Act and the Com­ future public convenience and necessity prejudiced by the lack of proper notice mission’s rules and regulations there­ require operation by applicant, in inter­ of the authority described in the findings under. Because it is possible that other state or foreign commerce, as a common in this order, a notice of the authority persons who have relied upon the notice carrier by motor vehicle, over irregular actually granted will be published in the of the application as published may routes, of used household goods between F ederal R egister and issuance of a per­ have an interest in and would be preju­ the points indicated below, restricted to mit in this proceeding will be withheld diced by the lack of proper notice of the the transportation of traffic having a for a period of 30 days from the date of authority actually granted will be pub­ prior or subsequent movement, in con­ such publication, during which period lished in the F ederal R egister and issu­ tainers, beyond the points authorized any proper party in interest may file a ance of a certificate in this proceeding and further restricted to the perform­ petition to reopen or for other appro­ will be withheld for a period of 30 days ance of pickup and delivery service in priate relief setting forth in detail the from the date of such publication, dur­ connection with packing, crating, and precise manner in which it has been so ing which period any proper party in containerization or unpacking, uncrat­ prejudiced.' interest may file a petition to reopen or ing, and decontainerization of such traf­ for other appropriate relief setting forth fic; between points in King, Pierce, N otice of F iling , of P etitions in detail the precise manner in which it Thurston, Snohomish, and Kitsap Coun­ No. MC 105984 (Sub-No. 7), (Notice has been so prejudiced. ties, Wash.,, that applicant is fit, will­ of Filing of Petition Under Rule 102 To No. MC 126874 (Sub-No. 2) (Republica­ ing, and able properly to perform^ such Waive Time Requirements For Filing tion) , filed March 24, 1969, published in service and to conform to the require­ Petition For Reconsideration Under Rule the F ederal R egister issue of April 17, ments of the Interstate Commerce 101 and Petition For Reconsideration of 1969, and republished this issue. Appli­ Act and the Commission’s rules and the Supplemental Decision and Order of cant: MOBILE EXHIBITS, INC., 1518 regulations thereunder. Because it is the Commission), filed February 3, 1970. South Mayflower Avenue, Monrovia, possible that other persons who have Petitioner: JOHN B. BARBOUR, JR., Calif. 91016. Applicant’s representative: relied upon the notice of the applica­ doing business as JOHN B. BARBOUR R. Y. Schureman, 1545 Wilshire Boule­ tion as published may have an interest TRUCKING COMPANY, Iowa Park, Tex. vard, Los Angeles, Calif. 90017. An Order in and would be prejudiced by the lack Petitioner’s representative: Ewell H. of the Commission, Division 1, dated of proper notice of the authority de­ Muse, Jr., 415 Perry Brooks Building, April 22, 1970, and served April 28, 1970, scribed,/jn the findings in this order, a Austin, Tex. 78701. Petitioner holds a upon consideration of the record in the notice of the authority actually granted Certificate in No. MC 105984 Sub-7 to proceeding and the prior report of the will be published in the F ederal R egister transport: Earth drilling machinery and Commission, Review Board number 3, and issuance of a certificate in this pro­ equipment and machinery; equipment, decided November 7, 1969, and served ceeding will be withheld for a period of materials, supplies and pipe incidental November 19, 1969, finds; that the 30 days from the date of such publica­ to, used in, or in connection with (a) the present and future public convenience and necessity require operation by appli­ tion, during which period any proper transportation, installation, removal, cant, in interstate or foreign commerce, party in interest may file a petition to operation, repair, servicing, maintenance, as a common carrier by motor vehicle, reopen or for other appropriate relief and dismantling of drilling machinery

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7483 and equipment, (b) the completion of interests of brevity, do not include the petition within 30 days from the date of holes or wells drilled (c) the production, territorial scope involved. Docket No. publication in the F ederal R egister. storage, and transmission of commodities MC 110525, Sub-924, Sheet 7, para­ No. MC 115841 (formerly No. MC resulting from drilling operations at well graph 1, Liquid chemicals, as defined in 115841) (Sub-No. 15), (Notice of Piling or hole sites and (d) the injection or re­ The Maxwell Co. Extension—Addyston, of Petition for Modification of Certifi­ moval of commodities into or from holes 63 M.C.C. 677, in bulk, in tank vehicles. cate), filed April 21, 1970. Petitioner: or wells, between points in Texas, Okla­ Modification: Liquid chemicals in bulk, COLONIAL REFRIGERATED TRANS­ homa, Kansas, Louisiana, and New Mex­ in tank vehicles, sheet 7, paragraph 2, PORTATION, INC., Birmingham, Ala. ico. Between points in Texas, on the one Liquid chemicals, as defined in The Max­ Petitioner’s representatives: Harry C. hand, and, on the other, points in Mon­ well Co. Extension—Addyston, 63 M.C.C. Ames, Jr., and E. Stephen Heisley, 705 tana and Wyoming. Between points in 677, in bulk, in tank vehicles. McLachlen Bank , Building, 666 11th that part of Texas south and east of a Modification: Liquid chemicals, in Street NW., Washington, D.C. 20001, and line beginning at the Texas-New Mexico bulk, in tank vehicles. Sheet 7, para­ C. E. Wesley, Post Office Box 2169, Bir­ State line and extending along U.S. graph 3, Liquid chemicals, as defined in mingham, Ala. Petitioner presently holds Highway 80 to Port Worth, Tex., thence The Maxwell Co. Extension—Addyston, authority under Docket No. MC-115841 along U.S. Highway 377 to Denton, Tex., 63 M.C.C. 677, in bulk, in tank vehicles. and its lead certificate, which formerly and thence along U.S. Highway 77 to the Modification: Liquid chemicals in bulk, was its Sub 15 authority to transport: Texas-Oklahoma State line, on the one in tank vehicles. Sheet II, paragraph 2, Meats, meat products, meat byproducts, hand, and, on the other, points in Colo­ Liquid chemicals, as defined in The Max­ dairy products, and articles distributed rado and Utah. By the instant petition, well Co. Extension—Addyston, 63 M.C.C. by meat packinghouses, as described in petitioner requests that the territorial 677, in bulk, in tank vehicles. Modifica­ sections A, B, and C of appendix I to the scope of authority in No. MC 105984 Sub tion: Liquid chemicals, in bulk, in tank report in Desrciptions in Motor Carrier 7 be corrected to read as follows: Be­ vehicles. Sheet n , paragraph 3, Liquid Certificates, 61 M.C.C. 209, and food­ tween points in Texas, Oklahoma, Kan­ chemicals, as defined in The Maxwell Co. stuffs (except those hereinbefore spec­ sas, Louisiana, and New Mexico. Be­ Extension—Addyston, 63 M.C.C. 677, in ified when moving in refrigerated vehi­ tween points in Texas, on the one hand, bulk, in tank vehicles. Sheet II, para­ cles) , in pool car distribution service and, on the other, points in Montana and graph 4, Liquid chemicals, as defined in (emphasis supplied), between points in Wyoming. Between points to that part The Maxwell Co. Extension—Addyston, Alabama. The purpose of this petition is of Texas south and east of a line begin­ 63 M.C.C. 677, in bulk, in tank vehicles. to eliminate the phrase “In pool car dis­ ning at the Texas-New Mexico State Modification: Liquid chemicals, in bulk, tribution service.” Any interested person line and extending along U.S. Highway in tank vehicles. Sheet II, paragraph 5, desiring to participate may file an origi­ 80 to Port Worth, Tex., thence along U.S. Liquid chemicals, as defined in The Max­ nal and six copies of his written repre­ Highway 377 to Denton; Tex., and thence well Co. Extension—Addyston, 63 M.C.C. sentations, views, or argument in sup­ along U.S. Highway 77 to the Texas- 677, in bulk, in tank vehicles. Modifica­ port of or against the petition within 30 Oklahoma State line, on the one hand, tion: Liquid chemicals, in bulk, in tank days from the date of publication in the and, on the other, points in Colorado and vehicles. Sheet n , paragraph 6, Liquid F ederal R egister. Utah. Between points in Texas on and chemicals, as defined in The Maxwell Co. No. MC 117574 (Sub-No. 56) (Notice of west of U.S. Highway 77 between the Extension—Addyston, 63 M.C.C. 677, in Piling of Petition for Waiver of Rule Oklahoma-Texas State line and Denton, bulk, in tank vehicles. Modification: 1.101(e), for Reconsideration and for on and west of U.S. Highway 377 between Liquid chemicals, in bulk, in tank ve­ Modification of Certificate), filed Denton and Port Worth, and on and hicles. Sheet 16, paragraph 2, Liquid April 27, 1970. Petitioner: DAILY EX­ north of U.S. Highway 80 between Port chemicals, as defined in The Maxwell PRESS, INC., Carlisle, Pa. Petitioner’s Worth and the Texas-New Mexico State Co. Extension—Addyston, 63 M.C.C. 677, representative: James W. Hagar, 100 line, on the one hand, and, on the other, in bulk, in tank vehicles. Modification: Pine Street, Post Office Box 1166, points in Colorado and Utah. Any inter­ Liquid chemicals, in bulk, in tank ve­ Harrisburg, Pa. 17108. Petitioner holds ested person desiring to participate, may hicles. Sheet 16, paragraph 3, Liquid interstate operating authority at Docket file an original and six copies of his writ­ chemicals, as defined in The Maxwell Co. No. MC-117574 (Sub-No. 56) authorizing ten representations, views or argument Extension—Addyston, 63 M.C.C. 677, in the following transportation: Machinery, in support of or against the petition bulk, in tank vehicles. between points in Pennsylvania in an within 30 days from the date of applica­ Modification: Liquid chemicals, in area on and east of U.S. Highway 15, in tion in the F ederal R egister. bulk, in tank vehicles. Sheet 18, para­ Adams, York, Cumberland, Perry, Dau­ No. MC 110525 (Sub-No. 924) (Notice graph 2, Liquid chemicals, as defined in phin, Lebanon, and Lancaster Counties, of Piling of Petition For Modification of The Maxwell Co. Extension—Addyston, on the one hand, and, on the other, points Existing Commodity iSescriptions), filed 63 M.C.C. 677. Modification: Liquid in Massachusetts, Connecticut, Rhode April 20, 1970. Petitioner: CHEMICAL chemicals. Petitioner requests that the Island, New York, New Jersey, Dela­ LEAMAN TANK LINES, INC., Downing- authorities listed below also be modified ware, Maryland, Virginia, North Caro­ town, Pa. Petitioner’s representative: to eliminate “as defined by the Commis­ lina, Ohio, and the District of Columbia Leonard A. Jasckiewicz, 1730 M Street sion” as reflected in the commodity (except machinery, not requiring the use NW., Washington, D.C. 20036. Petitioner description immediately following the re­ of special equipment between Baltimore, states that in the report on reconsidera­ cital of each of the authorities. The pur­ Maryland, on the one hand, and, on the tion in MC 109637 Sub-74, Southern pose of such modifications is to eliminate other, points in Cumberland County, Pa., Tank Lines, Inc., Extension—St. Ber­ all unnecessary surplusage within the on or east of U.S. Highway 15, in Adams nard, Ohio, decided October 16, 1961, the certificate. Certificate No. MC 110525, County on and east of U.S. Highway 15 Commission redefined the commodity Sub-924, paragraph 678, Dry chemicals, and north of U.S. Highway 30, and in description “liquid chemicals, in bulk, in as defined by the Commission and Phos- York County north of U.S. Highway 30 tank vehicles” and outlined a procedure phatic Fertilizer Solutions, in bulk, in and west of U.S. Highway 111, but not for reforming certificates and permits of tank and hopper-type vehicles. Modifi­ excluding service to or from Gettysburg, motor carriers authorizing the transpor­ cation: Dry chemicals and phosphatic and York, Pa., points in Adams and York tation of liquid chemicals as defined by fertilizer solutions, in bulk, paragraph Counties, on or within 1 mile of that por­ the Commission in other proceedings. 679, Liquid Acids and Chemicals, as de­ tion of U.S. Highway 30 between Gettys­ By the instant petition, petitioner seeks fined by the Commission, in bulk, in tank burg and York, and points in New York to have the following authorities in its and hopper-type vehicles. Modification: County on or within 1 mile of that por­ Certificate No. MC 110525 Sub-924, Liquid acids and chemicals, in bulk, in tion of U.S. Highway 11 between York issued January 13, 1970, modified to re- tank and hopper-type Vehicles. Any in­ and the York-Cumberland County line). ect the commodity description immedi- terested person desiring to participate By the instant petition, petitioner re­ ately following the recital of eaeh au­ may file an original and six copies of quests that the Commission grant this thority. The authorities are listed by his written representations, views or petition for waiver of the provisions of sheet and paragraph number, and, in the argument in support of, or against the Rule 1.101(e) and reopen the proceedings

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7484 NOTICES in order to modify the certificate in No. nois, Indiana, Iowa, Kansas, Kentucky, sippi, Missouri, New Jersey, New York, MC 117574 Sub No. 56, to read as follows: Louisiana, Maryland, Michigan, Minne­ Ohio, Oklahoma, Tennessee, Texas, Vir­ “(1) Machinery, (2) commodities, the sota, Mississippi, Missouri, New Jersey, ginia, West Virginia, Wisconsin,, and the transportion of which because of their New York, Ohio, Oklahoma, Tennessee, District of Columbia. Materials, supplies size or weight requires the use of special Texas, Virginia, West Virginia, Wiscon­ and equipment used in the manufacture equipment, and of related machinery sin, and the District of Columbia. Mate­ and installation of Hollow metal building parts and related contractors’ materials rials, supplies and equipment used in the products. From the above-specified des­ and supplies when their transportation is manufacture and installation of Hollow tination States to Scranton, Pa. Hollow incidental to the transportation of com­ Metal Building Products. From points in metal building products and materials, modities which by reason pf size or the above specified destination States to parts and supplies used in the installa­ weight require special equipment; and Scranton, Pa. Restriction: The service tion of Hollow metal building products (3) self-propelled articles, each weighing authorized herein is subject to the fol­ (except commodities in bulk). From the 15,000 pounds or more, and related ma­ lowing conditions: The authority granted plantsite of the Superior Fireproof Door chinery, tools, parts and supplies moving herein shall be subject to the right of the and Sash Co., Inc. in-Scranton, Pa., to therewith (when transported on trail­ Commission, which is hereby expressly Bangor, Augusta, and Waterville, Maine ers) Any interested person desiring to reserved, to impose such terms, condi­ and points in Arizona, California, Colo­ participate may file an original and six tions, or limitations in the future as it rado, Idaho, Massachusetts, Montana, copies of his written representations, may find necessary in order to insure Nebraska, Nevada, New Mexico, North views, or argument in support of or that carrier’s operation shall conform to Dakota, Oregon, Pennsylvania, Rhode against the petition within 30 days from the provisions of section 210 of the Act. Island, South Dakota, Utah, Washington, the date of publication in the F ederal The operations authorized herein are and Wyoming : and Damaged or returned R egister. limited to a transportation service to be shipments of the above-described com­ No. MC 124190 (Notice of Filing of performed under a continuing contract modities. From the above-specified des­ Petition to Modify Perm it), filed April 27, or contracts with Superior Fireproof tination points to the site of the Superior 1970. Petitioner: GRIFFIN MOBILE Door and Sash Co., Inc. Petitioner holds Fireproof JDoor and Sash Co., Inc. plant HOME TRANSPORTATION CO., a other authority at MC-124608 Sub. 2, is­ at Scranton, Pa. Restriction; Restricted corporation, Oklahoma City, Okla. Peti­ sued April 8, 1964, authorizing the fol­ to the transportation of traffic originat­ tioner’s representative: David D. Brun­ lowing transportation as a contract ing at the plantsite of Superior Fireproof son, 419 Northwest Sixth Street, Okla­ carrier: Door and Sash Co., Inc., Scranton, Pa., homa City, Okla. 73102. Petitioner holds Irregular Routes: Hollow metal build­ and destined to points set forth in the a permit authorizing the transportation ing products and materials, parts, and above-described authority. Any inter­ as a contract carrier, over irregular supplies used in the installation of Hol­ ested person desiring to participate may routes, of house trailers, between points low Metal Building Products (except file an original and six copies of his writ­ in Oklahoma, on the one hand, and, on commodities in bulk). From the site of ten representations, views or arguments the other, points in Alabama, Arizona, the Superior Fireproof Door and Sash in support of or against the petition Arkansas, California, Colorado, Florida, Co., Inc., plant at Scranton, Pa., to Ban­ within 30 days from the date of pub­ Georgia, Idaho, Indiana, Iowa, Kansas, gor, Augusta, and Waterville, Maine, and lication in the F ederal R egister. Kentucky, Louisiana, Michigan, Minne­ points in Arizona, California, Colorado, No. MC 128543 (Sub-No. 2) (Notice of sota, Missouri, Mississippi, Montana, Idaho, Massachusetts, Montana, Ne­ Filing of Petition for Modification of Nebraska, Nevada, New Mexico, North braska, Nevada, New Mexico, North Permit), filed April 13, 1970. Petitioner: Dakota, Ohio, Oregon, South Carolina, Dakota, Oregon, Pennsylvania, Rhode CRESCO LINES, INC., Crestwood, 111. South Dakota, Tennessee, Texas, Utah, Island, South Dakota, Utah, Washing­ 60445. Petitioner’s représentative: Ed­ Washington, Wisconsin, and Wyoming, ton,-Wyoming: and, Damaged or re­ ward G. Bazelon, 39 South La Salle limited to a transportation service to be turned shipments of the above described Street, Chicago, 111. Petitioner states that -performed under a continuing contract commodities: From the specified des­ commencing April 1,1970, its contracting with five named companies, including tination points to the site of the Superior shipper, Allied Tube & Conduit Corp. of B & B Mobile Homes, Inc., of Oklahoma Fireproof Door and Sash Co., Inc., plant Harvey, 111., hereafter referred to as City, Okla. By the instant petition, peti­ at Scranton, Pa. Restriction: The service “Allied” took possession of a large ware­ tioner requests that B & B Mobile Homes, authorized herein is subject to the fol­ house in Blue Island, 111., pursuant to a Inc., be eliminated from its permit and lowing conditions: The operations au­ long-term lease. Blue Islafid, 111., is a substitute in its stead, Cherokee Homes, thorized herein are limited to a trans­ point located within the Harvey, 111., Inc., or Prior, Okla. Any interested per­ portation service to be performed under commercial zone, being approximately son desiring to participate may file an a continuing contract or contracts with 2l/z miles from Harvey. Harvey, with a original and six copies of his written rep­ Superior Fireproof Door and Sash Co., population of approximately 33,000, has a resentations, views, or argument in sup­ Inc., of Scranton, Pa. The authority commercial zone of 4 miles, which in­ port of or against the petition within granted shall be subject to the right of cludes the municipality of Blue Island. 30 days from the date of publication in the Commission, which is hereby ex­ Petitioner states that it is its position the F ederal R egister. pressly reserved to impost such terms, that, under its existing authority, it may No. MC 124608 and No. MC 124608 conditions or limitations in the future provide the same service for Allied out (Sub-No. 2), (Notice of Filing of Peti­ as it may find necessary in order to in­ of the new warehouse at Blue Island that tion for Conversion of Operating Au­ sure that carriers operation shall con­ it is authorized to perform for Allied thority From a Permit to a Certificate of form to the provisions of section 210 of under its Sub 2 permit out of Allied’s Public Convenience and Necessity), filed the Act. By the instant petition, peti­ Harvey plant. However, out of an abun­ March 30, 1970. Petitioner: WILLIAM tioner requests that Operating authority dance of caution, this petition is being GILCHRIST, Old Forge, Pa. Petitioner’s at MC-124608 and MC-124608 Sub. 2 be filed for the purpose of (a) having the representative: Kenneth R. Davis, 999 converted to a common carrier’s certifi­ Commission determine that Cresco may, Union Street, Taylor, Pa. 18517. Peti­ cate of public convenience and necessity, under its Sub 2 permit, also provide serv­ tioner holds the following operating au­ reading as follows:. ice to and from Allied’s warehouse at thority as a contract carrier at permit Irregular Routes: Hollow metal build­ Blue Island; or, in the alternative; (b) No. MC—124608 issued the 29th day of ing products and materials, parts and that Cresco’s Sub 2 permit be modified to August 1963. Irregular routes: Hollow supplies used in the installation of Hol­ provide for service outbound on iron and metal building products and materials, low metal building products. From the steel pipe and pipe fittings, shapes and parts, and supplies used in the installa­ plantsite or sites of the Superior Fire­ forms, from the warehouse site of Al* tion of hollow metal building products. proof Door and Sash Co., Inc., in Scran­ lied located at Blue Island, HI., to the From the plantsite or sites of the Su­ ton, Pa., to points in Alabama, Arkansas, same States listed in its Sub 2 permit perior Fireproof Door and Sash Co., Inc., Connecticut, Delaware, Illinois, Indiana, and, in the reverse direction, be modified in Scranton, JPa., to points in Alabama, Iowa, Kansas, Kentucky, Louisiana, to include the transportation of iron and Arkansas, Connecticut, Delaware, Illi­ Maryland, Michigan, Minnesota, Missis­ steel pipe and pipe fittings from points

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 NOTICES 7485

in Ohio to Allied’s warehouse at Blue Is­ tioner seeks to add an additional con­ No. MC-F-10825. Authority sought for land, 111. tracting shipper, the Procter & Gamble purchase by SHIPPERS TRANSPORTS, Petitioner believes since Blue island is Co., including its wholly owned subsidi­ INC., 2000 Wheeler Street, West Mem­ in the commercial zone of Harvey, and ary, The Procter & Gamble Distributing phis, Ark. 72301, of a portion of the the warehouse is simply an extension of Co. Any interested person desiring to operating rights of POOLE TRUCK the plant of Allied which is located at participate may file an original and six LINE, INC., Post Office Drawer 500, Harvey, its present Sub 2 permit should copies of his written representations, Evergreen, Ala. 36401, and for acquisi­ be interpreted to include the authoriza­ views, or argument in support of or tion by L. BUFORD WRIGHT, also of tion of operations to and from Allied’s against the petition within 30 days from West Memphis, Ark., of control of such warehouse in Blue Island. If, however, the date of publication in the F ederal rights through the purchase. Applicants’ petitioner is in error in its interpretation R egister. representative: Robert E. Tate, Post of its Sub 2 permit, then, it is respectfully Applications for Certificates or Per­ Office Box 500, Evergreen, Ala. 36401. submitted, the Sub 2 permit should be mits Which Are T o Be Processed Con- Operating rights sought to be trans­ modified by the inclusion of the words . CURRENTLY WITH APPLICATIONS UNDER ferred: Canned and bottled foodstuffs, “warehouse facilities” and the Sub 2 Section 5 G overned by Special Rule other than frozen, as a common carrier, authority would read as follows: “Irregu­ 240 to the Extent Applicable over irregular routes, from Cade and lar routes: Iron and steel pipe and pipe Lozes, La., to points in Illinois, Indiana, fittings, shapes and forms, from the No. MC 68860 (Sub-No. 11), filed Michigan, Ohio, and Wisconsin. Restric­ plantsite and warehouse facilities of April 22, 1970. Applicant: RUSSELL tion : The service authorized immediately Allied Tube & Conduit Corp., at Harvey, TRANSFER, INCORPORATED, 444 above is restricted to the transportation HI., and points in its commercial zone, to Glenmore Drive, Salem, Va. 24153. Appli­ of traffic originating at Cade and Lozes, points in Arkansas, Indiana, Iowa, Kan­ cant’s representatives: Robert G. Perry La.; and foodstuffs, canned and bottled, sas, Kentucky, Michigan, Minnesota, and Robert E. Douglas, 1701 Charleston other than frozen, from Cade and Lozes, Misssouri, Nebraska, North Dakota, National Plaza, Charleston, W. Va. Au­ La., to points in those parts of West Vir­ Ohio, Oklahoma, South Dakota, Tennes­ thority sought to operate as a common ginia and Pennsylvania which are on see, West Virginia, and Wisconsin, with carrier, by motor vehicle, over irregular and west of U.S. Highway 19. Vendee is no transportation for compensation on routes, transporting: General commodi­ authorized to operate as a common car­ return except as otherwise authorized. ties (except those of unusual value, rier in Maryland, Delaware, Alabama, Iron and steel pipe and pipe fittings, classes A and B explosives, household Arkansas, Louisiana, Mississippi, Ten­ from points in Ohio, to the plantsite and goods as defined by the Commission, nessee, Virginia, and the District of warehouse facilities of Allied Tube & commodities in bulk, and those requir­ Columbia. Application has not been filed Conduit Corp., at Harvey, HI., and points ing special equipment); (1) between for temporary authority under section in its commercial zone, with no trans­ points in Kanawha County, W. Va.; and 210a(b). portation for compensation on return ex­ (2) between points in Kanawha County, No. MC-F-10826. Authority sought for cept as otherwise authorized. Restric­ W. Va. on the one hand, and, on the purchase by MURAL TRANSPORT, tion: The operations authorized herein other, points in West Virginia. N ote: INC., 2900 Review Avenue, Long Island are limited to a transportation service Applicant states it intends to tack the City, N.Y. 11101, of the operating rights to be performed, under a continuing con­ authority requested herein with its Of M. MORRISON TRUCKING, INC., tract, or contracts, with Allied Tube & presently held authority at Charleston, 531 Carroll Street, Brooklyn, N.Y. 11215, Conduit Corp., of Harvey, HI.” Any inter­ W. Va., to serve all points in West and for acquisition by ALEXANDER ested person desiring to participate may Virginia, and applicant’s present terri­ SHAPIRO, also of Long Island City, N.Y., file an original and six copies of his writ­ tory. The instant application is a matter of control of such rights through the ten representations, views, or argument directly related to No. MC-F-10729, pub­ purchase; Applicants’ attorney: S. S. in support of, or against the petition lished in the F ederal R egister issue of Eisen, 140 Cedar Street, New York, N.Y. within 30 days from the date of publica­ January 28, 1970. If a hearing is deemed 10006. Operating rights sought to be tion in the F ederal R egister. necessary, applicant requests it be held transferred: Store fixtures and equip­ No. MC 128804 (Sub-No. 1) (Notice at Charleston, W. Va. ment, as a common carrier, over irregu­ of Filing of Petition To Modify Permit), Applications Under Sections 5 and lar routes, between New York, N.Y., on filed April 10, 1970. Petitioner: BLUE 210a(b) the one hand, and, on. the other, Wil­ FLEET DISTRIBUTORS, CORP., New mington, Del., and points in Connecticut, York, N.Y. Petitioner’s representative: The following applications are gov­ Maryland, Massachusetts, New Jersey, William J. Augello, Jr., 103 Fort Salonga erned by the Interstate Commerce Com­ New York, Pennsylvania, Rhode Island, Road, Northport, N.Y. 11768. Petitioner mission’s special rules governing notice and the District of Columbia; such com­ holds a permit in No. MC 128804 (Sub- of filing of applications by motor carriers modities as are dealt in by persons en­ No. 1) to conduct operations as a motoi of property or passengers under sections gaged in the manufacture of or sale of contract carrier, over irregular routes 5(a) and 210a(b) of the Interstate Com­ store fixtures and store equipment, un­ transporting: Toilet paper, facial tissue merce Act and certain other proceedings crated, between New York, N.Y., on the paper towels, and napkins, paper bags with respect thereto. (49 CFR 1.240.) one hand, and, on the other, points in freezer wrapping paper, and new furni­ that part of Virginia on and east of U.S. ture, from Bronx, N.Y., to points ii MOTOR CARRIERS OF PROPERTY Highway 12; and new and used store fix­ Nassau, Suffolk, Westchester, and Rock­ No. MC-F-9677 (Petition) (CROUCH tures and equipment, between New York, land Counties, N.Y., and Bergen, Essex BROS., INC.—Control and Purchase— N.Y., on the one hand, and, on the other, Hudson, Middlesex, Monmouth, Morris JACKSON TRUCK LINE, INC.), pub­ points in Maine, New Hampshire, Ver­ Passaic, Somerset, and Union Counties lished in the March 1, 1967, issue of the mont, Ohio, West Virginia, North Caro­ N.J., with no transportation for compen­ F ederal R egister, on page 3429. By pe­ lina, South Carolina, points in Delaware sation on return except as otherwise au­ tition filed May 5, 1970, Applicants seek except Wilmington and those in that thorized. Restriction: The service au­ to control and merge the operating part of Virginia west of U.S. Highway 15. thorized herein is subject to the follow­ rights and property of JACKSON Vendee is authorized to operate as a ing conditions: Said service is restricted TRUCK LINE, INC., and to change or common carrier in all points In the to traffic having a prior interstate move­ modify the order, by Division 3, granted United States (except Alaska and ment by rail or motor carrier. The opera­ January 5, 1970. Hawaii). Application has not been filed tions authorized herein are limited to s No. MC-F-10824 ((Correction) for temporary authority under section transportation service to be performed TUCKER FREIGHT LINES, INC.—Con­ 210a(b). a continuing contract, or contracts trol and Merger—CLEMANS TRUCK No. MC-F-10827. Authority sought for with the following shippers: Swanee LINE, INC.), published in the May 6, Paper Corp., of Ranson, Pa., Hudson 1970, issue of the F ederal R egister on control by DUFF TRUCK LINE, INC., «up & Paper Corp. of East Orange, N.J. page 7162. The number inadvertently Broadway and Vine Streets, Lima, Ohio and Craft Associates, Inc., of Wilkes- read No. MC-F-1082 and should read 45802, of SCHRODER’S EXPRESS, INC., arre, Pa. By the instant petition, peti­ No. MC-F-10824. 1550 Perrin Street, Cincinnati, Ohio, and

FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7486 NOTICES for acquisition by L. EUGENE DUFF, ing certain intermediate and certain off- and (2) A. C. WIDENHOUSE, INC., 1422 Fox Run Drive, Lima, Ohio, of con­ route points; Post Office Box 10, Old Charlotte High­ trol of SCHRODER’S EXPRESS, INC., General commodities, excepting, way, Concord, N.C. 28025. Applicants’ through the acquisition by DUFF among others, class A and B explosives, attorney: John C. Bradley, 618 Perpetual TRUCK LINE, INC. Applicants’ attor­ household goods, and commodities in Building, Washington, D.C. 20004. Oper­ neys: James Stiverson, 50 West Broad bulk, over irregular routes, between ating rights sought to be controlled: (1) Street, Columbus, Ohio, Herbert Baker, points in Ohio within 10 miles of Cin­ Molten sulphur, anhydrous ammonia, 2651 Abington Road, Upper Arlington, cinnati, on the one hand, and, on the and nitrogen fertilizer solutions, in bulk, Ohio 43221, and David Axelrod, 39 South other, certain specified points in Ken­ in tank vehicles, as a common carrier La Salle Street, Chicago, HI. 60603. Oper­ tucky, between Cincinnati, Ohio, on the over irregular routes, from Wilmington, ating rights sought to be controlled: one hand, and, on the other, points in N.C., and points within 25 miles thereof, General commodities, excepting, among Kentucky within 10 miles of Cincinnati, to points in Virginia and South Carolina; others, class A and B explosives, house­ and those in Ohio within 5 miles of Cin­ salt, in bulk, from Wilmington, N.C., to hold goods, and commodities in bulk, as a cinnati, including Cincinnati; animal points in South Carolina and Virginia; common carrier, over regular routes, be­ and poultry feed, from East St. Louis, phosphate rock, in bulk, from points in. tween Alexandria, Ky., and Cincinnati, HI., to certain specified points in Indiana, Beaufort County, N.C., south of the Ohio, serving all intermediate points, and with restriction; livestock and agricul­ Pamlico River and east of Durham the off-route points within 3 miles of the tural commodities, from points in the Creek, to points in Virginia and South below-specified route, between Louisville, counties as immediately above to East Carolina, from points in Beaufort Ky., and North Vernon, Ind., serving all St. Louis, HI., with restriction; animal County, N.C., south of the Pamlico River intermediate points; between Palmyra, and poultry feeds and medicines, from St. and east of Durham Creek, to points in Ind., and Louisville, Ky., between junc­ Louis, Mo., to certain specified points in North Carolina; urea, in bulk, from tion Indiana Highways 135 and 64 and Indiana, with restriction; livestock, from Wilmington, N.C., to points in North junction Indiana Highways 62 and 64, New Melle, Mo., and points within 12 Carolina, with restriction; phosphate between junction Indiana Highway 135 miles of New Melle, to East St. Louis, HI.; products, in bulk, from points in Beau­ and county road north of Central Barren, plastic bags, plastic boxes, plastic sheet­ fort County, N.C., south of the Pamlico Ind., and junction of U.S. Highway 150 ing, and plastic film, machines and River and east of Durham Creek to and county road, north of Bradford, Ind., machine parts used in the manufacture points in North Carolina, South Caro­ serving all intermediate points, except of plastic articles, and cardboard car­ lina, and Virginia, with restriction; dry Central Barren, Ind., and those on In­ tons, between the plantsites of the Mehl fertilizer and dry fertilizer materials, in diana Highway 62, with restriction; be­ Manufacturing Co., at Providence, Ky., bulk, from Wilmington, N.C., to points tween Louisville, Ky., and Ramsey, Ind., and Evansville, Ind. DUFF TRUCK LINE, in South Carolina; caustic soda, in bulk, serving all intermediate points, between INC., is authorized to operate as a com­ in tank vehicles, from Wilmington and North Vernon, Ind., and Cincinnati, mon carrier in Ohio, and under a cer­ Acme, N.C., to points in South Carolina; Ohio; tificate of registration, within the State fertilizer and fertilizer materials, from Serving the intermediate point of of Ohio. Application has not been filed points in Hertford County, N.C., to points Lawrenceburg, Ind.; between Jasper, for temporary authority under section in Delaware, Georgia, Maryland, New Ind., and St. Louis, Mo., serving all in­ 210a(b). N ote: N o. MC 14314 Sub-17 is Jersey, Pennsylvania, South Carolina, termediate points, with restriction; be­ a matter directly related, and No. MC Virginia, and West Virginia, with restric­ tween Evansville, Ind.; and Vincennes, 35540 Sub-19 is a matter simultaneously tion; fish meal, in bulk, from Wilming­ Ind., serving all intermediate points, and filed. ton, N.C., to points in Maryland, Tennes­ serving the site of the Warrick Works of No. MC-F-10828. Authority sought for see, and West Virginia; and fish meal, the Aluminum Co. of America plant, control by PIC-WALSH FREIGHT CO., in bags, from Wilmington, N.C., to points located near Newburgh, Warrick County, 731 Campbell Avenue, St. Louis, Mo. in South Carolina, Georgia, and Tennes­ Ind., as an off-route point, serving the 63147, of ILLINOIS MOTOR EXPRESS, see, and points in that part of Mary­ off-route points in the St. Louis, Mo.- INC., 6510 North Broadway, St, Louis, land on and west of U.S. Highway 11; East St. Louis, HI., commercial zone, as Mo. 63147, and for acquisition by JULIUS and (2) asphalt, in bulk, in tank vehicles, defined by the Commission, points with­ BLUMOFF, also of 731 Campbell, St. as a common carrier over irregular in 5 miles of Jasper, Ind., those within Louis, Mo. 63147, of control of ILLINOIS routes, from Salisbury and Wilmington, 5 miles of Evansville, Ind., and George MOTOR EXPRESS, INC., through the. acquisition by PIC-WALSH FREIGHT N.C., to certain specified points in Ten­ Field, HI., unrestricted, the site of the CO. Applicants’ attorney: G. M. REB- nessee, from Salisbury, N.C., to certain Ford Motor Company plant near Robert­ specified- points in South Carolina. son, Mo., restricted against service be­ MAN, 314 North Broadway, St. Louis, Mo. tween said plant and points in the St. 63102. Operating rights sought to be con­ Application has not been filed for tem­ trolled: General commodities, except porary authority under section 210d(b) . Louis, Mo.-East St. Louis, HI., commer­ livestock and articles of extraordinary cial zone, and serving from Alton, 111., to By the Commission. points on the regular routes authorized value, as a common carrier over regular. above, except those in the St. Louis, Mo.- routes, between Alton, HI., and St. Louis, [seal] H. Neil G arson, East St. Louis, HI., commercial zone, re­ Mo., serving all intermediate points, and Secretary. stricted to the transportation of iron and off-route points in St. Louis County, Mo., [P.R. Doe. 70-5879; Piled, May 12, 1970; within the St. Louis-East St. Louis com­ 8:50 a.m.] steel articles, in quantities of 20,000 or mercial zone, as defined in St. Louis, Mo.- more, with restriction; between Treloar, East St. Louis, HI., commercial zone, Mo., and East St. Louis, HI., serving all 1 M.C.C. 656, and 2 M.C.C. 285, over one [S.O. 1062; Car Distribution Direction No. intermediate points; between Evansville, alternate route for operating convenience 80-A] Ind., and Greenville, Ky., serving all in­ only. PIC-WALSH FREIGHT CO., is au­ termediate points (except points between thorized to operate as a common carrier ILLINOIS CENTRAL RAILROAD CO. Evansville, Ind., and Anthosten, Ky.), in Missouri, Hlinois, Indiana, Ohio, Mis­ AND CHICAGO AND NORTH WEST­ between junction U.S. Highways 41 and sissippi, Kentucky, Arkansas, Tennessee, ERN RAILWAY CO. 62 and Princeton, Ky., serving all inter­ and Iowa. Application has not been filed mediate points, with restrictions; over for temporary authority under section Car Distribution numerous alternate routes for operating 210a(b). Upon further consideration of Car convenience only; general commodities, No. MC-F-10829. Authority sought for Distribution Direction No. 80, and good excepting, among others, Class A and B control by ELZENA W. HARVEY, Post cause appearing therefor: explosives, and commodities in bulk, but Office Box 3601, Wilmington, D.C. 28401, It is ordered, That: not excepting household goods, between of (1) BULK HAULERS, INC., Post Car Distribution Direction No. 80 be, Louisville, Ky., and Evansville, Ind., serv­ Office Box 3601, Wilmington, N.C. 28401, and it is hereby vacated.

FEDERAL REGISTER, VOL. 35, NO. 93— -WEDNESDAY, MAY 13, 1970 NOTICES 7487 It is further ordered, That this order shall become effective at 11:59 p.m., May 10, 1970, and that it shall be served upon the Association of American Railroads, Car Service Division, as agent of all rail­ roads subscribing to the car service and per diem agreement under the terms of that agreement; and that it be filed with the Director, Office of the Federal Register. Issued at Washington, D.C., May 8, 1970. I nterstate Commerce Commission, [seal] R. D. P fahler, Agent. [F.R. Doc. 70-5880; Filed, May 12, 1970; 8:50 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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

3 CFR Page 7 CFR— Continued Page 12 CFR— Continued Page Proclamations: P roposed R ules: 563______7377 608______7005 3982 ______6999 29______7427 3983 ______7105 725— ______7075 P roposed R ules; 3984 ___ 7169 Ch. IX______7077 545______7130 914______7183 563______7131 Executive Orders: 981------7428 July 2, 1910 (revoked in part 1005______._ 6965 14 CFR by PLO 4814)__ 7255 1006-______7023 1012 ______7023 21______7292 March 28, 1924 (revoked by 25______7108 PLO 4812)_____ 7254 1013 ______7023 1032 ______7082 29______7293 April 17,1926 (revoked in part 37«_:______6914 by PLO 4813)_____ 7255 1033 ____ 6965 1034 ___ 6965 39______6916, 1035 ______.______6965 6917, 7006, 7051, 7293, 7294, 7378 5 CFR 1041____ 6965 61______7007 1050.____ ■______7082 71______6917, 213------6957, 7123, 7124, 7171, 7283, 7426 7051, 7108, 7109, 7175-7177, 7237, 550------7171 7294, 7378, 7379, 7412 8 CFR 73------6917, 7051, 7295 7 CFR 100------7249 75— ------7051, 7109 103------7284 91------7108, 7293 51______6957, 7249 204 ------7284 97------6918, 7052, 7237 53____ ------7064 205 ------7285 121------7108, 7293 201__ ------7411 238.------7285 127______7293 301__ . 7001, 7002, 7361 P roposed R ules: 202 ______7109 404___ ------7361 203 ------7110 411___ ------7361 103------7018 205------7110 724___ .— ^------7361 214...... 7018 207 ______7295 775__ ------6958 208 ------______7295 798__ ------7172 9 CFR 212------7297 877__ ------7064 71— ------7249 2 1 4 « « ------7298 905__ ------7411 76------6958, 221------7298 907 ______------7172 7004, 7066, 7107, 7175, 7285, 7370, 287______7110 908 ______------7173 7376,7412 295______7298 910_ 7003, 7283, 7362 P 302------7111 917 ______------v 7064 10 CFR 376------7111 918 ______------7362 959__ 1------7285 P roposed R ules: ------7065 39_-«__------6967, 7185, 7435, 7436 966_ ------7003 1041__ 12 CFR 71------6968, ------7173 6969, 7186, 7303-7305, 7384, 7436 1097__ ------7283 1102_ 207------6959, 7376 73------6969 1108_ ------7283 220«------7249, 7376 75------7020, 7305 1201_ ------7283 221------6959, 7250, 7377 91------7020' 1421_ ------7066 545------7377 121------7021, 7083 ------____ 7363 561 « ...... « ______7377 127— ------7083

No. 93----- n FEDERAL REGISTER, VOL. 35, NO. 93— WEDNESDAY, MAY 13, 1970 7488 FEDERAL REGISTER

15 CFR page 26 CFR—Continued Pa«e 42 CFR Page 371______7379 143______6962 P roposed R ules: 1000______7220, 7228 601__ 7111 81------7082 P roposed R ules: P roposed R ules: 90------7260 1000______7183 31______7125 43 CFR 16 CFR 28 CFR 3130------7416 13______7007-7009, 7298 9______7013 P ublic Land Orders: P roposed R ules: 1230 (revoked in part by PLO 90______6969 29 CFR 4815)—____ 7255 425______7437 8______7016 1767 (revoked in part by PLO 670______6963 4818)______7256 17 CFR 678______6963 4810 ______7117 790_____ 7382 4811 ------7117 249 ______7068 4812 ______7254 P roposed R ules: 4813 ______7255 270-______7132 30 CFR 4814 ______7255 301______7181, 7182 4815 ______7255 18 CFR 4816 ______-s___ 7255 250 ______7010 31 CFR 4817 ______7256 260-______6960, 7412 500—______6963 4818—______7256 620______7379 4819 ______7256 4820 ______7256 P roposed R ules: 32 CFR 2______7385 518______:______7253 45 CFR 157- 7262, 7385 102-______, ____ 7334 201— _____7262 32A CFR 204— ____ 7262 155______7256 260- ____ 7262 P roposed R ules: 233______7301 Ch. X— ______7305 19 CFR 47 CFR 7299 33 CFR 1— ____ 7117 63______,______7259 117______7182 _ 7259 21 CFR P roposed R ules: 73—IIIIIIIIII HZ'”6913,~7n8,~72597 7417 2______7068, 7299 110______7019 74______7118 53______7178 401______7189 83______- ______6913 120______7178, 7179, 7300 97—______7259 121______7068, 7180, 7414 36 CFR P roposed R ules: 130______7250 73______7262 135b______7253 P roposed R ules: 50— 7439 135c______7181, 7380 49 CFR 135e______7300 135g______7181, 7300 38 CFR 173— ______- 7120, 7121 1033 ______:______7016 146______7250 17—____ 7380 148k______7415 1034 ______7017 191—______7415 1036______7121 320______7069 39 CFR 1056______1______7123 Ch. I______7416 P roposed R ules: P roposed R ules: 142______7382 7303 173______7127 P roposed R ules: 192—______7127 135______7018 567______6969 24 CFR 138-...... 7427 571______7187 7381 1914. 7012 41 CFR 50 CFR 1915. 7013 1-16______7070 33______7123, 7382 5A-1______7254 80______7017 26 CFR 5A-2______7416 210—______7070 13______7011, 7300 5A-3______— 7416 P roposed R ules: 31______-______7070 101-26______7182, 7301 280______...______7438

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United States Government Organization MANUAL 1 9 6 9 -7 0

government

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, students, librarians, researchers, businessmen, and lawyers 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, published by the Office of the Federal Register, GSA. $000 per copy. Paperbound, with charts Order from Superintendent of DocumontS* U.S. Government Printing Office, Washington, D.C. 20402.