FEDERAL REGISTER VOLUME 30 • NUMBER 149

Wednesday, August 4,1965 • Washington, D.C. Pages 9667-9734

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Equal Employment Opportunity Commission Federal Communications Commission Federal Maritime Commission Federal Power Commission Fish and Wildlife Service General Services Administration Housing and Home Finance Agency Interior Department International Commerce Bureau Interstate Commerce Com m ission Land Management Bureau Maritime Administration Post Office Department Securities and Exchange Commission Detailed list of Contents appears inside. Announcing a New Statutory Citations Guide How to Find U.S. Statutes and U.S. Code Citations

This pamphlet contains typical legal refer­ them to make the search. Additional ence situations which require further citing. finding aids, some especially useful in Official published volumes in which the citing current material, also have been citations may be found are shown along­ included. Examples are furnished at per­ side each reference—with suggestions as tinent points and a list of reference titles, to the logical sequence to follow in using with descriptions, is carried at the end.

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FEDERAL COMMUNICATIONS HOUSING AND HOME THE PRESIDENT COMMISSION FINANCE AGENCY EXECUTIVE ORDER Rules and Regulations Notices Enforcement of the Convention Practice and procedure; clear Acting Regional Director of Com­ for Safety of Life at Sea, I960— 9671 channel broadcasting in stand­ munity Facilities, Region HE, ard broadcast band------— 9686 Atlanta; designation------;— 9733 Radio broadcast services; table of ;< # '' EXECUTIVE AGENCIES assignments: AGRICULTURAL STABILIZATION FM broadcast stations (2 docu­ INTERIOR DEPARTMENT ments)______9687,9690 See also Fish and Wildlife Service; AND CONSERVATION SERVICE Television broadcast stations— 9693 Land Management Bureau. Rules and Regulations Proposed Rule Making Notices Sugar, mainland cane area; pro­ Certain Civil Air Patrol VHF Commissioner of Indian Affairs; portionate shares for farms, 1965 frequencies______9695 delegation of authority regard­ crop______9673 Table of assignments: ing State and local regulation of FM broadcast stations (2 docu­ use of Indian property------9699 AGRICULTURE DEPARTMENT ments)______9695,9696 San Carlos Apache Reservation, See Agricultural Stabilization and Television broadcast stations— 9697 Arizona; ordinance legalizing Conservation Service ; Com­ Notices introduction, sale and posses­ modity Credit Corporation; Palmetto Communications Corp.; sion of intoxicants------9699 Consumer and Marketing Serv­ show cause order—.—------9729 ice. Hearings, etc.: 9728 INTERNATIONAL COMMERCE CIVIL AERONAUTICS BOARD Continental Broadcasting, Inc. Jobbins, Charles W., et al------0728 BUREAU Notices Patroon Broadcasting Co., Inc. 9730 IATA traffic conferences; agree­ Notices ment regarding containerized Mobile trade fair programs; ex­ and palletized shipments------9727 FEDERAL MARITIME tension of act, and requests for Hearings, etc.: COMMISSION financial assistance------9700 Domestic trunkline carriers----- 9727 Notices New England regional airport investigation------9728 Rates on U.S. Government cargo; investigation------9731 INTERSTATE COMMERCE CIVIL SERVICE COMMISSION Thailand/U.S. Atlantic & Gulf COMMISSION Conference Rubber Pool ; agree­ Rules and Regulations ment filed for approval------9732 Notices Excepted service; National Me­ Fourth section applications for diation Board------— 9673 relief______9720 FEDERAL POWER COMMISSION Motor carrier: COAST GUARD Proposed Rule Making Alternate route deviation no­ tices.'------9720 Notices Public utilities, licensees, and natural gas companies; report­ Applications and certain other Equipment, installations, or ma­ ing of expenditures for. dona­ proceedings __— _------9722 terials; approval notice______9725 Broker, water carrier, and tions__t______9697 freight forwarder applica­ COMMERCE DEPARTMENT Notices tions______9703 See International Commerce Bu­ Hearings, etc.: Temporary authority applica­ reau; Maritime Administration. Tennessee Gas Transmission tions------9724 Co______9732 Transfer proceedings------— 9724 COMMODITY CREDIT Village of Gresham, Wis—;— 9733 CORPORATION LAND MANAGEMENT BUREAU Rules and Regulations FISH AND WILDLIFE SERVICE Notices Cottonseed oil and meal purchase Rules and Regulations program, 1965; miscellaneous Hunting big game in wildlife California; proposed withdrawal amendments______9674 refuge areas: and reservation of lands------9699 Crescent Lake, Nebr_____-___ 9694 CONSUMER AND MARKETING Snake Creek, N. Dak------9694 MARITIME ADMINISTRATION SERVICE Rules and Regulations GENERAL SERVICES Notices Oranges, Valencia; handling limi­ ADMINISTRATION List of free world and Polish flag tation______9673 vessels arriving in Cuba since Potatoes, Irish, grown in Colo­ Rules and Regulations Jan. 1, 1963______9701 rado; shipments limitation____ _ 9674 Procurement; principles for de­ Poultry; inspection; correction_ 9673 termining costs applicable to research and development under POST OFFICE DEPARTMENT grants and contracts with edu­ EQUAL EMPLOYMENT cational institutions______9676 Proposed Rule Making OPPORTUNITY COMMISSION Notices Qualifications for second-class Rules and Regulations Magnesium held in national stock­ privileges______— 9695 Procedures; notices to be posted_ 9676 pile; proposed disposition___ — 9700 {Continued on next page) 9669 9670 CONTENTS SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Citizens and Southern Holding Co______9733 San Francisco Capital Corp 9734 TREASURY DEPARTMENT See Coast Guard.

List of CFR Parts Affected (Codification Guide)

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

3 CFR 948______— 9674 CFR 1443______Executive Orders: 9674 1-15______—— 9676 7548 (revoked by EO 11239)_____ 9671 18 CFR 10402 (superseded in part by EO 47 CFR 11239)______9671 P roposed R ules: 11239______9671 141______9697 1______-______9686 260______9697 73 (3 documents)_____ 9687, 9690, 9693 5 CFR P roposed R ules : 29 CFR 2______9695 213__ _ 9673 —— 73 (3 documents)------9695-9697 1601___ _ &676 87____ 9695 7 CFR 70____ 9673 39 CFR 855___ 9673 P roposed R ules: 50 CFR 908___ 9673 22____:L-Il____ 9695 32 (2 documents)——------— 9694

•f Presidential Documents

Title 3— THE PRESIDENT Executive Order 11239 ENFORCEMENT OF THE CONVENTION FOR SAFETY OF LIFE AT SEA, 1960 WHEREAS under Article I of the International Convention for Safety of Life at Sea, signed at London on June IT, 1960, ratified by the United States of America, and proclaimed by the President on March 24, 1965 (TIAS 5780), hereinafter sometimes referred to as the Convention, the Government of the United States of America, together with the governments of the other countries which have be­ come parties to the Convention, undertakes to give effect to the pro­ visions of the Convention and of the Regulations annexed thereto, to promulgate all laws, decrees, orders, and regulations, and to take all other steps which may be necessary to give the Convention full and complete effect, so as to insure that, from the point of view of safety of life, a ship is fit for the service for which it is intended ; and WHEREAS it is expedient and necessary, in order that the Gov­ ernment of the United States of America may give full and complete effect to the Convention, that several departments and agencies of the Executive Branch of the Government perform functions and duties thereunder; and WHEREAS, in accordance with Article X I thereof, the Conven­ tion came into force on May 26, 1965 : NOW, THEREFORE, by virtue of the authority vested in me by Section 301 of Title 3 of the United States Code and as President of the United States of America, it is ordered as follows : Section 1. The Secretary of State, the Secretary of the Treasury (acting through the Coast Guard), the Secretary of Commerce (act­ ing through the Weather Bureau), and the Federal Communications Commission, respectively, are hereby directed, in relation to the ful­ fillment of the obligations undertaken by the Government of the United States of America under the Convention, to perform the func­ tions and duties therein prescribed and undertaken which appertain to the functions and duties which they severally are now authorized or directed by law to perform. Each of the Secretaries and the Com­ mission shall cooperate and assist the others in carrying out the duties imposed by the Convention and by this order. , S ec. 2. The Secretary of the Treasury (acting through the Coast Guard), or such other agency as may be authorized by law so to do, shall issue certificates as required by the Convention, and in any case in which a certificate is to include matter which appertains to the functions and duties directed or authorized by law to be performed by the head of any department or agency other than the head of the issuing agency, the head of the issuing agency shall first ascertain from the head of the other department or agency his decision with respect to such matter, and such decision shall be final and binding. S ec. 3. In the performance of functions and duties described in Sections 1 and 2 of this order, the Secretary of the Treasury (acting through the Coast Guard) may avail himself of the services of the American Bureau of Shipping so long as that Bureau is operated in compliance with Section 25 of the Act of June 5, 1920, as amended (46 U.S.C. 881), and may make all necessary provisions for the per- 9672 THE PRESIDENT formance by the Bureau of specified duties, undertaken under the Convention and to permit the Bureau to issue cargo ship safety con­ struction certificates to those cargo vessels found to be in compliance with the Convention, which are classed by the Bureau. The Secretary of the Treasury (acting through the Coast Guard) shall establish all necessary regulations required to carry out in the most effective manner the provisions of the Convention. Sec. 4. Whenever the Coast Guard operates as a service in the Navy, the functions to be performed by the Secretary of the Treasury (acting through the Coast Guard) under this order shall vest in and be performed by the Secretary of the Navy (acting through the Coast G uard). S ec. 5. (a) This order supersedes Executive Order No. 10402 of October 30,1952, entitled “Enforcement of the Convention for Safety of Life at Sea, 1948,” to the extent'that the International Convention for Safety of Life at Sea signed at London on June 17,1960, replaces ~f and abrogates the International Convention for Safety of Life at Sea signed at London on June 10, 1948. i (b) Executive Order No. 7548 of February 5, 1937, entitled “En­ forcement of the Convention for Safety of Life at Sea, 1929,” is hereby revoked. L yndon B . J ohnson T he W hite H ouse, July 31,1965. [F.R. Doc. 65-8236 ; Filed, Aug. 2,1965 ; 4:10 p.m.] Rules and Regulations

Chapter VIII— Agricultural Stabiliza­ the results of this reduction affected op­ Title 5— ADMINISTRATIVE erators of all farms, it was particularly t io n and Conservation Service burdensome for small producers on small PERSONNEL (Sugar), Department of Agriculture farms who were less able economically SUBCHAPTER G— DETERMINATION OF to withstand the acreage reduction. Chapter I— Civil Service Commission PROPORTIONATE SHARES In order to protect the interests of these small producers, this amendment PART 213— EXCEPTED SERVICE [SX>. 855.10 Rev. 1, Arndt. 4] provides that the proration of unused proportionate share acreage shall be National Mediation Board PART 855— MAINLAND CANE SUGAR AREA made first among farms for which shares Section 213.3331 is amended to show of 150 acres or less were originally de­ the exception under Schedule C pf the Proportionate Shares for Farms; termined, but with a limit to that which positions of Private, Secretary to the two 1965 Crop can be prorated to an individual farm. members of the First Division, Firemen’s Pursuant to the provisions of section (Sec. 403, 61 Stat. 932; 7 UJ3.C. 1153, Secs. Supplemental Adjustment Board of the 302 of the Sugar Act of 1948, as amended, 301, 302, 61 Stat. 929, 930, as amended; 7 National Railroad Adjustment Board. subparagraph (2) of paragraph (f) of U.S.C. 1131, 1132) Effective on publication in the F ederal § 855.10, Revision 1 (29 F.R. 13595,14102, Effective date: Date of publication. R egister, paragraph (c) is added to 17029, 30 F.R. 7988) is amended to read § 213.3331 as set out below. Signed at Washington, D.C., on July as follows: 30,1965. § 213.3331 National Mediation Board. § 855.10 Proportionate shares for sugar­ J ohn A. S chnittker, ***** cane farms in the Mainland Cane Acting Secretary. Sugar Area- for the 1965 crop. (c) One Private Secretary to each [F.R. Doc. 65-8158; Filed, Aug. 3, 1965; member of the First Division, Firemen’s * * * * * 8:45 a.m.] Supplemental Adjustment Board, Na­ (f) Adjustments in shares. * * * tional Railroad Adjustment Board. (2) To offset proportionate share acre­Chapter JX— Consumer and Market­ ages which will be unused on farms in ing Service (Marketing Agreements (R.S. 1753, sec. 2, 22 Stat. 403, as amended; Florida, the State Committee may dis­ 5 TJ.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 tribute such unused acreages to farms and Orders; Fruits, Vegetables, CFR, 1954-1958 Comp., p. 218) on which acreages may be utilized in Nuts), Department of Agriculture United States Civil Serv­ excess of the shares determined pur­ [Valencia Orange Reg. 130, Arndt. 1] ice Commission, suant to paragraph (d) of this section [seal] Mary V. W enzel, as adjusted pursuant to subparagraph PART 908— VA LEN CIA ORANGES ) Executive Assistant to (1) of this paragraph (f) and for which GROWN IN ARIZONA AND DESIG­ the Commissioners. requests for additional acreage are filed NATED PART OF CALIFORNIA with the Glades-Hendry ASCS County [FJR. Doc. 65-8192; Filed, Aug. 3, 1965; Limitation of Handling 8:48 a.m.] Office on or before August 15,1965. Such distribution shall be prorated among (a) Findings.. (1) Pursuant to the such farms on the basis of the shares marketing agreement, as amended, and determined pursuant to paragraph (d) Order No. 908, as amended (7 CFR Part Title 7— AGRICULTURE and as adjusted pursuant to such sub- 908), regulating the handling of Valencia paragraph (1): Provided, That the oranges grown in Arizona and designated Chapter I— Consumer and Marketing quantity available for such distribution part of California, effective under the shall first be prorated to such farms for applicable provisions of the Agricultural Service (Standards, Inspections, which shares 150 acres or less were so Marketing Practices), Department Marketing Agreement Act of 1937, as determined subject to the limitation amended (7 U.S.C. 601-674), and upon of Agriculture that no such share shall be increased by the basis of the recommendation and in­ SUBCHAPTER C— REGULATIONS AND STANDARDS more than 20 percent and, That any re­ formation submitted by the Valencia UNDER THE AGRICULTURAL MARKETING ACT mainder of such quantity shall be pro­ Orange Administrative Committee, es­ OF 1946 rated to such farms for which shares of tablished under the said amended mar­ more than 150 acres were so determined keting agreement and order, and upon PART 70— GRADING AND INSPEC­ pursuant to paragraph (d) as adjusted other available information, it is hereby TION OF POULTRY AND EDIBLE pursuant to subparagraph (1) of this found that the limitation of handling of PRODUCTS THEREOF; AND UNITED paragraph. < such Valencia oranges, as hereinafter STATES CLASSES, STANDARDS, AND ***** provided, will tend to effectuate the de­ GRADES WITH RESPECT THERETO Statement of bases and considerations. clared policy oi the act. The original determination provided that (2) It is hereby further found that it Miscellaneous Amendments unused proportionate share acreage in is impracticable and contrary to the Florida be prorated to farms for which public interest to give preliminary notice, Correction requests for such acreage were made, on engage in public rule-making procedure, In F.R. Doc. 65-8070 appearing at page the basis of the proportionate shares and postpone the effective date of this 9530 of the issue for Friday, July 30,1965, originally determined for such farms. amendment until 30 days after publica­ the following corrections are made: In determining 1965-crop shares, farm tion thereof in the F ederal R egister (5 1. Section 70.301(g), reading in part bases were established at the higher of U.S.C. 1001-1011) because the time in­ 90 percent of the 1964 accredited acreage tervening between the date when infor­ “mature male chicken and coarse skin”, mation upon which this amendment is is corrected to read in part “mature male on the farm or the farm’s average ac­ credited acreage for the 1962, 1963, and based became available and the time chicken with coarse skin”. 1964 crops. Shares were established at when this amendment must become 2. The table in § 70.353(e) should be 91 percent of the farm bases. This re­ effective in order to effectuate the de­ interchanged with the table in § 70.354- sulted in reductions in acreage up to 18 clared policy of the act is insufficient, (g>. percent for individual farms. Although and this amendment relieves restriction 9673 9674 RULES AND REGULATIONS on the handling of Valencia oranges of this section, or unless such potatoes are to sale in one or more of the styles of grown in Arizona and designated part of handled in accordance with paragraphs peeled potatoes described in § 52.2422 California. (c), (d) and (e) of this section. (United States Standards for Grades of (b) Order, as amended. The provi­ (a) Minimum grade and size require­ Peeled Potatoes §§ 52.2421-52.2433 of sions in paragraph (b) (1) (ii) of § 908.430 ments—(1) Round varieties. U.S. No. 2, this title). Other terms used in this sec­ (Valencia Orange Regulation 130,30 F.R. or better, grade, 1% inches minimum tion shall have the same meaning as 9248) are hereby amended to read aa diameter. when used in Marketing Agreement No. follows: (2) Long varieties. U.S. No. 2, or bet­ 97, as amended and this part. ter, grade, 1% inches minimum diameter (g) Applicability to imports. Pur­ § 908.430 Valencia Orange Regulation or 4 ounces minimum weight. suant to section 608e-l of the act and 130. (b) Minimum maturity (skinning) re­ § 980.1, Import regulations (7 CFR * * * * * quirements—All varieties. For U.S. No. 980.1), round white varieties of Irish (b) Order. * * * 2 grade, not more than “moderately potatoes except certified seed potatoes, (ii) District 2: 525,000 cartons. skinned,” and for all other grades, not imported into the United States during ***** more than “slightly skinned.” the period October 1,1965, through June (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. (c) Special purpose shipments—(1) 30,1966, shall meet the grade, size, qual­ 601-674) Chipping stock: Potatoes may be handled ity and maturity requirements specified for chipping if they meet the require­ in paragraphs (a) and (b) of this Dated: July 30, 1965. ments of U.S. No. 2, or better, grade, l x/z section. F loyd F. Hedlund, inches minimum diameter, if such pota­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Director, Fruit and Vegetable toes are handled in accordance with 601-674) Division, Consumer and Mar­ paragraph (d) of this section. keting Service. (2) The quality and maturity require­ Dated: July 30, 1965, to become effec­ tive August 5,1965. [F.R. Doc. 65-8196; Filed, Aug. 3, 1965; ments of paragraphs (a) and (b) of this 8:48 a.m.] section and the inspection and assess­ F loyd F. Hedlitnd, ment requirements of this part shall not Director, Fruit and Vegetable be applicable to shipments of potatoes Division, Consumer and Mar­ [948.348] for: keting Service. PART 948— IRISH POTATOES GROWN (i) Livestock feed; and [F.R. Doc. 65-8197; Filed, Aug. 3, 1965; (ii) Charity. 8:48 a.m.] IN COLORADO (3) The maturity requirements set Limitation of Shipments forth in paragraph (b) of this section shall not be applicable to shipments of Chapter XIV— Commodity Credit Cor­ Findings, (a) Pursuant to Marketing potatoes for: Agreement No. 97, as amended, and Or­ (i) Chipping; and poration, Department of Agriculture der No. 948, as amended (7 CFR Part (ii) Prepeeling. 948), SUBCHAPTER B— LOANS, PURCHASES, AND regulating the handling of Irish (4) The quality and maturity require­ OTHER OPERATIONS potatoes grown in Colorado, effective un­ ments of paragraphs (a) and (b) of this der the applicable provisions of the Ag­ [ 1965 Cottonseed Oil and Meal Purchase section shall not be applicable to ship­ Program Reg.; Arndt. 1 ] ricultural Marketing Agreement Act of ments of potatoes for seed (§ 948.6) but 1937, as amended (7 U.S.C. 601 et seq.), such shipments shall be subject to assess­ PART 1443— OILSEEDS and upon the basis of recommendations ments. and information submitted by the Area (d) Safeguards. (1) Each handler Subpart— Cottonseed Oil and Meal No. 3 Committee, established pursuant to making shipments of potatoes for chip­ Purchase Program Regulations the said marketing agreement and order, ping or prepeeling pursuant to paragraph (1965) and other available information, it is (c) of this section shall, M iscellaneous Amendments hereby found that the limitation of ship­ (1) Prior to shipment, apply for and ments regulation as hereinafter estab­ obtain a Certificate of Privilege from the The regulations issued by the Com­ lished, limiting the grade, size, and Committee, modity Credit Corporation with respect quality of such potatoes will tend to (ii) Furnish the Committee such re­ to the purchase of cottonseed oil or meal effectuate the declared policy of the act, ports and documents as requested, in­ as a means of supporting the price of thereby maintaining orderly marketing cluding certification by the buyer or re­ 1965-crop cottonseed (1965 Cottonseed conditions and tending to increase re­ ceiver on the use of such potatoes, and Oil and Meal Purchase Program Regula­ turns to producers of such potatoes. (iii) Bill each shipment directly to the tions (30 F.R. 9214) ), are amended as (b) It is hereby found that it is im­applicable processor or receiver. hereinafter specified. The amendment practicable and contrary to the public (2) Potatoes shipped for livestock feed to § 1443.2023 will permit withdrawal of interest to give preliminary notice, and pursuant to paragraph (c) shall be muti­ a participating crusher from the pro­ engage in public rule making procedure, lated so as to render them unfit for gram. The amendment to paragraph and postpone the effective date of this commercial tablestock markets. (b) (2) of § 1443.2024 specifies that addi­ section until 30 days after publication in (e) Shipments by motor vehicle. No tional areas may be designated in which the F ederal R egister (5 U.S.C. 1003) in handler may transport or cause the composite samples may be drawn for that (1) shipments of 1965 crop potatoes transportation by motor vehicle of any grading cottonseed. The amendment to grown in Area No. 3 have begun, (2) to shipment of potatoes for which an in­ paragraph (d) of § 1443.2027 provides m axim ize benefits to producers, this reg­ spection certificate is required unless for mutual agreement on increased cost ulation should apply to as many ship­ each shipment is accompanied by, and when CCC requests that meal be deliv­ ments as possible during the effective pe­ made available for examination at any ered in bags. The amendments to para­ riod, (3) producers and handlers have time upon request, a copy of the inspec­ graphs (g) and (h) of § 1443.2027 delete operated continuously under the market­ tion certificate applicable thereto. references to separate provisional pay­ ing order since 1949 so special prepara­ (f) Definitions. The terms “U.S. No. ment and final settlement for bags. The tion on the part of handlers is not re­ 1,” “U.S. No. 2,” “moderately skinned,” amendment to the first paragraph of quired, and (4) information regarding and “slightly skinned,” shall have the § 1443.2034 revises the equal employment the Committee’s recommendation has sam§ meaning as when used in the opportunity requirements. been disseminated to producers and han­ 1. Paragraph (a) of § 1443.2023 is dlers in the production area. United States Standards for Potatoes (§§ 51.1540-51.1556 of this title), includ­ amended to delete the last sentence and § 948.348 Limitation of shipments. ing the tolerances set forth therein. The in lieu thereof insert the following: During the period August 5, 1965, term “prepeeling” means potatoes which § 1443.2023 Crusher’s participation in through June 30, 1966, no person shall are clean, sound, fresh tubers prepared program. handle any lot of potatoes grown in Area commercially in a prepeeling plant by (a) * * * A participating crusher No. 3 unless such potatoes meet the re­ washing, removal of the outer skin or may withdraw from the program at any quirements of paragraphs (a) and (b) peel, trimming, and sorting preparatory time upon written notice to the New Wednesday, August 4, 1965 FEDERAL REGISTER 9675 Orleans Office and will not be obligated gust 31, 1966, unless the New Olreans tive of the crushers commitments under to pay the applicable minimum prices Office and the crusher agree upon a later this- section, and shall post copies of determined in accordance with § 1443.- date for delivery. Title to the cotton­ the notice in conspicuous places available 2024(a) for cottonseed purchased after seed oil or meal shall pass to CCC upon to employees and applicants for employ­ withdrawal. CCC will not accept any delivery. In delivering oil under any ment. tender submitted after his withdrawal, contract of sale, a variation of one-half * (4) The crusher will comply with all and cottonseed purchased by the crusher of 1 percent above or below the contract provisions of Executive Order No. 10925 after his withdrawal will not be eligible quantity will be accepted as a good de­ of March 6,1961, as amended, and of the cottonseed as defined in § 1443.2026 (f). livery as to weight. In delivering meal rules, regulations, and relevant orders of ***** under any contract of sale, a variation the President’s Committee on Equal Em­ of 5 percent above or below the con­ ployment Opportunity created thereby. 2. Paragraph (b) (2) of § 1443.2024 is tract quantity will be accepted as good (5) The crusher Will furnish all infor­ amended to read as follows: delivery as to weight: Provided, That the mation and reports required by Executive § 1443.2024 Purchase of cottonseed by variation shall not exceed 2 l/z tons. Order No. 10925 of March 6, 1961, as crusher. ***** amended, and by the rules, regulations ***** 4. Paragraphs (g) and (h) of § 1443.- and orders of the said Committee or pur­ (b) Grades. * * * 2027 are amended to read as follows: suant thereto, and will permit access to (2) In the San Joaquin Valley of Cali­ his books, records, and accounts by the fornia and other areas designated by the § 1443.2027 Purchases by CCC. contracting agency and the Committee Director, Oils and Peanut Policy Staff, ***** for the purposes of investigation to as­ ASCS, the grade of cottonseed acquired (g) Provisional payment. When oil certain compliance with such rules, reg­ by the crusher from gins within one or meal is delivered to CCC, the crusher ulations, and orders. county may be determined on the basis may present to CCC for provisional pay­ (6) In the event of the crusher’s non- of composite samples of such cottonseed. ment an invoice, with shipping docu­ compliance with the nondiscrimination Samples constituting such composite ments acceptable to CCC attached, for clauses of such contract or with any of samples shall be drawn and combined in the value of the oil or meal based on the said rules, regulations, or orders, the accordance with methods specified by the origin weights and the agreed sales price. contract may be canceled, terminated, or Cotton Division, Consumer and Market­ (h) Final settlement. Final settle­ suspended in whole or in part and the ing Service, or the Executive Vice ment for oil or meal delivered to CCC crusher may be declared ineligible for President, CCC. will be made upon the basis of the official further Government contracts in accord­ analysis and the certified destination ance with procedures authorized in Ex­ ***** outturn weight of the oil or meal deter­ ecutive Order No. 10925 of March 6, 3. Paragraph (d) of § 1443.202? is mined in accordance with the NCPA 1961, as amended, and such other sanc­ amended to read as follows: rules. The analysis and weighing of oil tions may be imposed and remedies in­ or meal delivered will be arranged for voked as provided in the said Executive § 1443.2027 Purchases by CCC. by CCC at its expense. order or by rule, regulations, or order of ***** the President’s Committee on Equal Em­ 5. Section 1443.2034 is amended to read ployment Opportunity, or as otherwise (d) Delivery. Each lot of cottonseedas follows: oil or meal purchased by CCC shall be provided by law. delivered by the crusher f.o.b. cars or § 1443.2034 Nondiscrimination in em­ (7) The crusher will include the pro­ ployment. visions of paragraphs (1) through (7) of trucks (CCC’s option) made available this section is every subcontract or pur­ without cost to the crusher at crusher’s (a) During the performance of anychase order unless exempted by rules, mill. The crusher shall deliver cotton­ contract of sale resulting from accept­ regulations, or orders of the President’s seed oil or meal, as the case may be, ance by CCC of a crusher’s tender, the Committee on Equal Employment Oppor­ crushed from 1965 crop cottonseed pro­ crusher agrees as follows: tunity issued pursuant to section 303 of duced in the United States. Delivery (1) The crusher will not discriminate Executive Order No. 10925 of March 6, shall be in car or truck lots in accord­ against any employee or applicant for 1961, as amended, so that such provisions ance with the delivery schedule speci­ employment because of race, creed, color, will be binding upon each subcontractor fied in the tender or any modification or national origin. The crusher will take or vendor. The crusher will take such thereof mutually agreed to by the crusher affirmative action to ensure that appli­ action with respect to any subcontract or and the New Orleans Office, and in ac­ cants are employed, and that employees purchase order as the contracting agency cordance with Shipping instructions is­ are treated during employment, without may direct as a means of enforcing such sued by the New Orleans Office. CCC regard to their race, creed, color, or na­ provisions, including sanctions for non- shall not be obligated to accept the tional origin. Such action shall include, compliance: Provided, however, That in initial delivery of oil under any tender but not be limited to, the following: the event the crusher becomes involved prior to the expiration of 15 business Employment, upgrading, demotion, or in, or is threatened with, litigation with days after the date of CCC’s acceptance transfer; recruitment or recruitment ad­ a subcontractor or vendor as a result of of a counteroffer. CCC shall not be ob­ vertising; and selection for training, in­ such direction by the contracting agency, ligated to accept the initial delivery of cluding apprenticeship. The crusher the crusher may request the United meal under any tender prior to the ex­ agrees to post in conspicuous places, States to enter into such litigation to piration of 30 business days after the date available to employees and applicants protect the interests of the United States. of CCC’s acceptance of the tender of the for employment, notices to be provided (b) The provisions of paragraph (a) of crusher’s acceptance of a counteroffer. by the contracting officer setting forth this section are not applicable to any At least 10 percent of the quantity , of the provisions of this nondiscrimination such contract of sale having a total sales oil shall be delivered within 30 days after clause. price not exceeding $100,000. the date of sale, at least 30 percent with­ (2) The crusher will, in all solicitation (Secs. 4 and 5, 62 Stat. 1070, as amended, secs. in 60 days after the date of sale and at or advertisements for employees placed 301, 401, 63 Stat. 1051, as amended, sec. 601, least 60 percent within 90 days after the by or on behalf of the crusher, state that 70 Stat. 212, 15 US.O. 714b and 714c, and 7 date of sale. In any event, delivery of all qualified applicants will receive con­ U.S.C. 1447, 1421, 1446d) either oil or meal covered by a tender sideration for employment without re­ shall be completed not later than 180 gard to race, creed, color, or national Effective date: Upon publication in the days after the date of sale. Meal shall origin. F ederal R egister. be delivered in bulk, or if requested by (3) The crusher will send to each labor Signed at Washington, D.C., on August CCC, in new or used bags at such adjust­ union or representative of workers with 2,1965. ment in the sales price to reflect the in­ which he has a collective bargaining H. D. Godfrey, creased cost of delivery in bags as may agreement or other contract of under­ Executive Vice President, be mutually agreed to by the crusher standing, a notice to be provided by the Commodity Credit Corporation. and the New Orleans Office. No delivery agency contracting officer advising the [F.R. Doc. 65-8252; Filed, Aug. S, 1965; of oil or meal shall be made after Au­ said labor union or workers’ representa­ 9:48 a.m.] No. 149----- 2 9676 RULES AND REGULATIONS

notices to interested persons during the (b) Copies of such notice may be ob­ Title 29— LABOR month of August, and, therefore, the tained on request from the Commission. Chapter XIV— Equal Employment Commission finds that good cause exists (c) Section 711(b) of Title VH makes to make this regulation effective on Sep­ Opportunity Commission failure to comply with this section pun­ tember 1,1965. ishable by a fine of not more than $100 PART 1601— PROCEDURAL Section 1601.27 of Part 1601 of the for each separate offense. REGULATIONS regulations of the Commission is amended to read as follows: This amendment becomes effective Form of Notice Required To Be Posted September 1,1965. This regulation prescribes the form for § 1601.27 Notices to be posted. Signed at Washington, D.C., this 30th the notice which is required to be posted (a) Every employer, employmentday of July 1965. by section 711 of Title VIL Since the agency, labor organization, and joint F ranklin D. R oosevelt, Jr., general content of the notice is specified labor-management committee control­ Chairman. by the statute and since it is in the pub­ ling an apprenticeship or other training lic interest that such notices be posted program, as the case may be, shall post [F.R. Doc. 65-8229; Filed, Aug. 3, 1965; as soon as possible, it is hereby deter­ and keep posted in conspicuous places 8:49 a.m.] mined that notice and public procedure upon its premises where notices to em­ hereon are impracticable, unnecessary ployees, applicants for employment, and contrary to the public interest. The members, and trainees are customarily Commission will make available such posted the following notice: Title 41— PUBLIC CONTRACTS AND PROPERTY MANAGEMENT Equal Employment Opportunity Chapter 1— Federal Procurement Regulations PART 1-15— CONTRACT COST PRIN­ CIPLES AND PROCEDURES Subpart 1—15.3— Principles for De­ termining Costs Applicable to Re­ is Now a National Policy search and Development Under Grants and Contracts With Educa­ tional Institutions The following regulations set forth in their entirety principles for determining costs applicable to research and develop­ DISCRIMINATION ment under grants and contracts with educational institutions. This regulation Because of race, color, religion, sex or national origin fully implements Bureau of the Budget Circular No. A-21, Revised, dated March 3, 1965, which was heretofore incor­ IS PROHIBITED porated in Subpart 1-15.3 by reference. Subpart 1-15.3 is revised to read as Under Title VH of the Civil Rights Act of 1964 follows: Subpart 1—15.3'— Principles for Determining Costs Applicable to Research and Development Under THE LAW NOW COVERS: Grants and Contracts With Educational Institu­ tions 3. Employers with 300 or more employees Sec. 1-15.301 Purpose and scope. 2, Labor organizations operating a hiring hall or with 100 or more members 1-15.301-1 Objectives. 1-15.301-2 Policy guides. 3. Employment agencies, public or private 1-15.301-3 Application. 1-15.302 Definition of terms. 4. Joint labor-management committees for apprenticeship or training 1-15.302-1 Organized research. 1-15.302-2 Departmental research. 1-15.302-3 Research agreement. THE LAW STATES: 1-15.302-4 Other institutional activities. 1-15.302-5 Apportionment. Si ¿hall be an Unlawful employtnehl practice for an EMPLOYER to il> o r otherwise discriminate against, or (2t limit, segregate, or classify its Sail to hire, or to discharge, or otherwise to discriminate against any membership, or fail to refer for employment in any way which would 1-15.302-6 Allocation. individual with respect to his compensation, terms, conditions, or privi* deprive any Individual of employment opportunities or «3» cause o r 1-15.303 leges,of employment, or <2i limit, segregate, or classify his employees in Attempt to cause an employer to discriminate against an individual be­ Basic considerations. ®ny way which would deprive any individual of employment opportunities cause of such individual's race, color, religion, sex or national origin; for 1-15.303-1 Composition of total costs. because of such individual’s race, color, religion, sex o r national origins An EMPLOYER, LABOR ORGANIZATION. OR JOINT LABOR- 1-15.303-2 lo r a n EMPLOYMENT AGENCY to fall to refer for employment, o r MANAGEMENT COMMITTEE controlling apprenticeship or other Factors affecting allowability of Otherwise to discriminate against, or to classify any individual because training or retraining programs to discriminate against any individual costs. Of such Individual’s race, color, religion, sex or national origin; for ft ]A admission to, or employment in, any program because of such indi­ &ABOR ORGANIZATION to U i exclude or expel from its membership« 1-15.303-3 Reasonable costs. vidual’s race* color, religion, sex or national origin. 1-15.303-4 Allocable costs. 1-15.303-5 Applicable credits. 1-15.304 Direct costs. ANY PERSON 1—15.304—1 General. 1-15.304-2 Application to research agree­ who believes that he has been discriminated against by an employer, labor organization, employment agency, or ments. Joint labor-management committee for apprenticeship or training 1-15.305 Indirect costs. 1-15.305-1 General. 1-15.305-2 Criteria for distribution. SHOULD CONTACT 1-15.305-3 Administration of limitations on allowances for indirect — costs. franklin D. Roosevelt, Jr., Chairman 1-15.306 Identification and assignment of indirect costs. 1-15.306-1 General administration and Equal Employment Opportunity Commission general expenses. 1-15.306-2 Research administration ex- Washington, D.C. 20506 penses. Wednesday, August 4, 1965 FEDERAL REGISTER 9677

Sec. Subpart 1—15.3— Principles far De­ budgeted and accounted for. Such re­ 1-15.306-3 Operation and maintenance termining Costs Applicable to Re­ search work, which includes all research expenses. activities not encompassed under the 1-15.306-4 Library expenses. search and Development Under term organized research, is regarded for 1-15.306-5 Departmental administration Grants and Contracts With Educa­ expenses. purposes of this Subpart 1-15.3 as a 1-15.306-6 Setoff for indirect expenses tional Institutions part of the instructional activities of the otherwise provided for by the § 1—15.301 Purpose and scope. institution. „ Government. § 1—15.302—3 Research agreement. 1-15.307 Determination and application § 1—15.301—1 Objectives. of indirect cost rate or rates. This subpart provides principles for “Research agreement” means any 1-15.307-1 Indirect cost pools. - determining the costs applicable to re­ valid arrangement to perform Federally- 1-15.307-2 The distribution base: sponsored research, including grants, 1-15.307-3 Negotiated lump sum for over­ search and development work performed head. by educational institutions under grants cost-reimbursement type contracts, cost- 1-15.307-4 Predetermined fixed rates for from and contracts with the Federal reimbursement tire subcontracts, and indirect costs. Government. These principles are con­ fixed-price contracts and subcontracts 1-15.308 Simplified method for small fined to the subject of cost determination for research. institutions. 1-15.308-1 General. and make no attempt to identify the cir­ § 1—15.302—4 Other institutional activi­ 1-15.308-2 Abbreviated procedure. cumstances or dictate the extent of ties. 1-15.309 General standards for selected agency and institutional participation in “Other institutional activities” means items of cost. the financing of a particular research 1-15.309-1 Advertising costs. or development project. The principles all organized activities of an institution 1-15.309-2 Bad debts. are designed to provide recognition of the not directly related to the instruction 1-15.309-3 Capital expenditures. full allocated costs of such research work and research functions, such as residence 1-15.309-4 Civil defense costs. under generally accepted accounting halls, dining halls, student hospitals, stu­ 1-15.309-5 Commencement and convoca­ dent unions, intercollegiate athletes, tion costs. principles. No provision for profit or bookstores, faculty housing, student 1-15.309-6 Communication costs. other increment above cost is intended. apartments, guest houses, chapels, 1-15.309-7 Compensation for personal § 1—15.301—2 Policy guides. services. theaters, public museums, and other 1-15.309-8 Contingency provisions. The successful application of these similar activities or auxiliary enterprises. 1-15.309-9 Deans of faculty and graduate principles requires development of Also included under this definition is any schools. mutual understanding between repre­ category of cost treated as “unallow­ 1-15.309-10 Depreciation and use allow­ sentatives of universities and of the Gov­ able,” provided such category of cost ances. identifies a function or activity to which 1-15.309-11 Employee morale, health, and ernment as to their scope, applicability, welfare costs and credits. and interpretation. It is recognized a portion of the institution’s indirect 1-15.309-12 Entertainment costs. . that: costs (as defined in § 1-15.305-1) are 1-15.309-13 Equipment and other facilities. (a) The arrangements for agency and properly allocable. 1-15.309-14 Fines and penalties. institutional participation in the financ­ § 1—15.302—5 Apportionment. 1-15.309-15 Insurance and indemnification. ing of a research and development 1-15.309-16 Interest, fund raising, and in­ project are properly subject to negotia­ “Apportionment” means the process by vestment management costs. tion between the agency and the institu­ which the indirect costs of the institution 1-15.309-17 Labor relations costs. are assigned as between (a) instruction 1-15.309-18 Losses on other research agree­ tion concerned in accordance with such ments or contracts. criteria as may be applicable. and research, and (b) other institutional 1-15.309-19 Maintenance and repair costs. (b) Each college and university, pos­ activities. 1-15.309-20 Material costs. sessing its own unique combination of § 1—15.302—6 Allocation. 1-15.309-21 Memberships, subscriptions and staff, facilities and experience, should professional activity costs. be encouraged to conduct research in a “Allocation” means the process by 1-15.309-22 Patent costs. manner consonant with its own academic which the indirect costs apportioned to 1-15.309-23 Pension plan costs. philosophies and institutional objectives. instruction and research are assigned as 1-15.309-24 Plant security costs. (c) Each institution, in the fulfillment between (a) organized research, and (b) 1-15.309-25 Preresearch agreement costs. of its contractual obligations, should be instruction, including departmental re­ 1-15.309-26 Professional services costs. expected to employ sound management search. 1-15.309-27 Profits and losses on disposition of plant, equipment, or other practices. § 1—15.303 Basic considerations. capital assets. (d) The application of the principles § 1—15.303—1 Composition of total costs. 1-15.309-28 Proposal costs. established herein should require no sig­ 1-15.309-29 P ublic information services nificant changes in the generally ac­ The cost of a research agreement is costs. cepted accounting practices of colleges comprised of the allowable direct costs 1-15.309-30 Rearrangement and alteration and universities. incident to its performance, plus the allocable portion of the allowable indirect costs. § 1—15.301—3 Application. 1-15609-31 Reconversion costs. costs of the institution, less applicable 1-15.309-32 Recruiting costs. All Federal agencies that sponsor re­ credits. 1-15.309-33 Royalties and other costs for search and development work at edu­ § 1—15.303—2 Factors affecting allowa­ use of patents. cational institutions should apply these bility o f costs. 1-15.309-34 Sabbatical leave costs. principles and related policy guides in 1-15.309-35 Scholarships and student aid determining the costs incurred for such The tests of allowability of costs under costs. work under grants and cost-reimburse­ these principles are: (a) They must be 1-15.309-36 Severance pay. ment type contracts and subcontracts. reasonable;. (b) they must be allocable to 1-15.309-37 Specialized service facilities op­ These principles should be used also as a research agreements under the standards erated by institution. guide in the pricing of fixed-price con­ and methods provided herein; (c) they 1-15.309-38 Special services costs. tracts and subcontracts. must be accorded consistent treatment 1-15.309-39 Staff benefits. through application of those generally 1-15.309-40 Student activity costs. § 1—15.302 Definition of terms. accepted accounting principles appro­ 1-15.309-41 Student services costs. § 1—15.302—1 Organized research. priate to the circumstances; and (d) they 1-15.309-42 Taxes. must conform to any limitations or ex­ 1-15.309-43 Transportation costs. “Organized research” means all re­ clusions set forth in these principles or 1-15.309-44 Travel costs. search activities of an institution that in the research agreement as to types 1-15.309-45 Termination costs applicable to are separately budgeted and accounted or amounts of cost items. contracts. for. 1-15.309-46 Use allowances. § 1—15.303—3 Reasonable costs. § 1-15.302-2 Departmental research. Authority : The provisions of this Subpart A cost may be considered reasonable if 1-15.3 issued under sec. 205(c), 63 Stat. 390: “Departmental research” means re­ the nature of the goods or services ac­ 40 U.S.C. 486(c). search activities that are not separately quired or applied, and the amount in- 9678 RULES AND REGULATIONS volved therefor, reflect the action that justments of overpayments or erroneous § 1—15.305 Indirect costs. a prudent person would have taken under charges. § 1-15.305-1 General. the circumstances prevailing at the time (b) In some instances, the amounts the decision to incur the cost was made. received from the Federal Government to Indirect costs are those that have been Major considerations involved in the finance institutional activities or service incurred for common or joint objectives, determination of the reasonableness of operations should be treated as appli­ and thus are not readily subject to treat­ a cost are: (a) Whether or not the cost cable credits!! Specifically, the concept ment as direct costs of research agree­ is of a type generally recognized as nec­ of netting such credit items against re­ ments or other ultimate cost objectives. essary for the operation of the institution lated expenditures should be applied by At educational institutions such costs or the performance of the research the institution in determining the rates normally are classified under the follow­ agreement; (b) the restraints or require­ or amounts to be charged to Government ing functional categories : general ad­ ments imposed by such factors as arm’s research for services rendered whenever ministration and general expenses; re­ length bargaining, federal and state laws the facilities or other resources used in search administration expenses; opera­ and regulations, and research agreement providing such services have been tion and maintenance expenses; library terms and conditions; (c) whether or financed directly, in whole or in part, by expenses ; and departmental administra­ not the individuals concerned acted with Federal funds. (See §§ 1-15.306-6, 1- tion expenses. due prudence in the circumstances, con­ 15.309-10(b), and 1-15.309-37 for areas § 1—15.305—2 Criteria for distribution. of potential application in the matter of sidering their responsibilities to the in­ (a) Base period. A base period for stitution, its employees, its students, the direct Federal financing.) distribution of indirect costs is the period Government, and the public at large ; and § 1—15.304 Direct costs. during which such costs are incurred and (d) the extent to which the actions taken § 1—15.304—1 General. accumulated for distribution to work with respect to the incurrence of the cost performed within that period. The base are consistent with established institu­ Direct costs are those that can be iden­ period normally should coincide with the tional policies and practices applicable to tified specifically with a particular cost fiscal year established by the institution, the work of the institution generally, in­ objective. For this purpose, the term but in any event the base period should cluding government research. “cost objective” refers not only to the be so selected as to avoid inequities in § 1—15.303—4 Allocable coats. ultimate objectives against which costs the distribution of costs. are finally lodged such as research agree­ (b) Need for cost groupings. The (a) A cost is allocable to a particular ments, but also to other established cost cost objective (i.e., a specific function, overall objective of the allocation and objectives such as the individual accounts apportionment process is to distribute project, research agreement, depart­ for recording particular objects or items ment, or the like) if the goods or serv­ the indirect costs described in § 1-15.306 of expense, and the separate account to organized research, instruction, and ices involved are chargeable or assign­ groupings designed to record the ex­ able to such cost objective in accordance other activities in reasonable proportions penses incurred by individual organiza­ consistent with the nature and extent of with relative benefits received or other tional units, functions, projects and the equitable relationship. Subject to the the use of the institution’s resources by like. In general, the administrative research personnel, academic staff, stu­ foregoing, a cost is allocable to a research functions and service activities described agreement if it is incurred solely to dents, and other personnel or organiza­ in § 1-15.306 are identifiable as separate tions. In order to achieve this objec­ advance the work under the research cost objectives, and the expenses asso­ agreement; or it benefits both the re­ tive with reasonable precision, it may be ciated with such objectives become eli­ necessary to provide for selective distri­ search agreement and other work of the gible in due course for distribution as institution in proportions that can be bution by establishing separate group­ indirect costs of research agreements ings of cost within one or more of the approximated through use of reasonable and other ultimate cost objectives. methods; or it is necessary to the overall functional categories of indirect costs operation of the institution and, in the § 1—15.304—2 Application to research referred to in § 1-15.305-1. In general, light of the standards provided in this agreements. the cost groupings established within a Subpart 1-15.3, is deemed to be assign­ Identifiable benefit to the research functional category should constitute, in able in part to organized research. work rather than the nature of the goods each case a pool of those items of ex­ Where the purchase of equipment or and services involved is the determining pense that are considered to be of like other capital items are specifically au­ factor in distinguishing direct from in­ character in terms of their relative con­ thorized under a research agreement, direct costs of research agreements. tribution to (or degree of remoteness the amounts thus authorized for such Typical transactions chargeable to a re­ from) the particular cost objectives to purchases are allocable to the research search agreement as direct costs are the which distribution is appropriate. Each agreement regardless of the use that may compensation of employees for the time such pool or cost grouping should then subsequently be made of the equipment or effort devoted to the performance of be distributed individually to the apper­ or other capital items involved. work under the research agreement, in­ taining cost objectives, using the distri­ (b) Any costs allocable to a particular bution base or method most appropriate cluding related staff benefit and pension in the light of the guides set out in (c) research agreement under the standards plan costs to the extent that such items of this § 1-15.305-2. provided in this Subpart 1-15.3 may not are consistently treated by the educa­ (c) Selection of distribution method. be shifted to other research agreements tional institution as direct rather than Actual conditions must be taken into ac­ in order to meet deficiencies caused by indirect costs; the costs of materials count in selecting the method or base to overruns or other fund considerations, to consumed or expended in the perform­ ance of such work; and other items of be used in distributing to applicable cost avoid restrictions imposed by law or by expense incurred for the research agree­ objectives the expenses assembled under terms of the research agreement, or for ment, including extraordinary utility each of the individual cost groupings es­ other reasons of convenience. tablished as indicated under paragraph consumption. The cost of materials (b) of this § 1-15.305-2. Where a dis­ § 1—15.303—5 Applicable credits. supplied from stock or services rendered by specialized facilities or other institu­ tribution can be made by assignment of (a) The term “applicable credits” tional service operations may be included a cost grouping directly to the area bene­ refers to those receipt or negative ex­ as direct costs-of research agreements fited, the distribution should be made in penditure types of transactions which that manner. Where the expenses under provided such items are consistently a cost grouping are more general in operate to offset or reduce expense items treated by the institution as direct rather nature, the distribution to appertaining that are allocable to research agreements than indirect costs and are charged cost objectives should be made through as direct or indirect costs. Typical ex­ under a recognized method of costing or "use of a selected base which will pro­ amples of such transactions are: Pur­ pricing designed to recover only actual duce results which are equitable to chase discounts, rebates, or allowances; costs and conforming to generally ac­ both the Government and the institution. recoveries or indemnities on losses; sales cepted cost accounting practices con­ In general, any cost element or cost- of scrap or incidental services; and ad­ sistently followed by the institution. related factor associated with the insti- Wednesday, August 4, 1965 FEDERAL REGISTER 9679 tution’s work is potentially adaptable for tion to appertaining cost objectives, in­ division of the institution, i.e., solely to use as a distribution base, provided (1) cluding organized research. (1) instruction; (2) organized research; it can readily be expressed in terms of (e) Materiality. Where it is deter­or (3) other institutional activities. The dollars or other quanitative measure mined that the use of separate cost general administration and general ex­ (total direct expenditures, direct salaries, groupings and selective distribution are pense category should also include the man-hours applied, square feet utilized, necessary to produce equitable results, staff benefit and pension plan costs ap­ hours of usage, number of documents the number of such separate cost group­ plicable to the salaries and wages in­ processed, population served, and the ings within a functional category should cluded therein, an appropriate share of like) ; and (2) it is common to the ap­ be held within practical limits, after the costs of the operation and mainte­ pertaining cost objectives during the base taking into consideration the materiality nance of the physical plant, and charges period. The essential consideration in of the amounts involved and the degree representing use allowances and/or de­ selection of the distribution base in each of precision attainable through less preciation applicable to the buildings and instance is that it be the one best suited selective methods of distribution. equipment utilized ir>\ performing the for assigning the pool of costs to apper­ § 1—15.305—3 Administration of limita­ functions represented thereunder. taining cost objectives in accord with the tions on allowances for indirect costs. (b) The expenses included in this cate­ relative benefits derived; the traceable gory may be apportioned and allocated cause and effect relationship; or logic and (a) Research grants may be subject on the basis of total expenditures ex­ reason, where neither benefit nor cause to laws that limit the allowance for in­ clusive of capital expenditures in situa­ and effect relationship is determinable. direct costs under each such grant to a tions where the results of the distribu­ (d) General considerations on coststated percentage of the direct costs tion made on this basis are deemed to groupings. The extent to which separate allowed. Agencies that sponsor such be equitable both to the Government and cost groupings and selective distribution grants will establish procedures which the institution; otherwise the distribu­ would be appropriate at an institution will assure that; (1) The terms and tion of general administration and gen­ is a matter of judgment to be determined amounts authorized in each case con­ eral expenses should be made through on a case by case basis. Typical situa­ form with the provisions of §§ 1-15.303, use of selected bases applied to separate tions which may warrant the establish­ 1-15.304, and 1-15.309 as they apply to cost groupings established within this ment of two or more separate cost groups matters involving the consistent treat­ category of expenses in accordance with (based on account classification or analy­ ment and allowability of individual items the guides set out in § 1-15.305-2. sis) within a functional category include of cost; and (2) the amount actually allowed for indirect costs under each § 1—15.306—2 Research administration but are not limited to the following: expenses. (1) Where certain items or categories such research grant does not exceed the of expense relate solely to one of the m aximum allowable under the limitation (a) The expenses under this heading three major divisions of the institution or the amount otherwise allowable under are those that have been incurred by a (instruction, organized research or other this Subpart 1-15.3, whichever is the separate organization or identifiable ad­ institutional activities) or to any two but smaller. ministrative unit established solely to not the third, such expenses should be set (b) Where the actual allowance for administer the research activity, includ­ aside as a separate cost grouping for indirect costs on any research grant ing such functions as contract adminis­ direct assignment or selective distribu­ must be restricted to the smaller of the tration, security, purchasing, personnel tion in accordance with the guides pro­ two alternative amounts referred to in administration, and editing and publish­ vided in paragraph (b) and (c) of this paragraph (a) of this § 1-15.305-3, such ing of research reports. They include 5 1-15.305-2. alternative amounts should be deter­ the salaries and expenses of the head of (2) Where any types of expense ordi­ mined in accordance with the follow­ such research organization, his assist­ narily treated as general administration ing guides: (1) The maximum allowable ants, and their immediate secretarial and general expenses or departmental under the limitation should be estab­ staff together with the salaries and ex­ administration expenses are charged to lished by applying the stated percentage penses of personnel engaged in support­ research agreements as direct costs, the to a direct cost base which shall include ing activities maintained by the research similar type expenses applicable to other all items of expenditure authorized by organization, such as stock rooms, steno­ activities of the institution must, through the sponsoring agency for inclusion as graphic pools, and the like. The salaries separate cost groupings, be excluded from part of the total cost for the direct bene­ of members of the professorial staff the indirect costs allocable to research fit of the work under the grant; and whose academic appointments or formal agreements. (2) the amount otherwise allowable un­ assignments require the performance of (3) Where it is determined that cer­ der this Subpart 1-15.3 should be estab­ such administrative work may also be tain expenses are for the support of a lished by applying the current institu­ included to the extent that the portion service unit or facility whose output is tional indirect cost rate to the appropri­ so charged to research administration is susceptible of measurement on a work­ ate elements of direct cost under the supported as required by § 1-15.309-7 load or other quantitative basis, such ex­ grant, i.e., to total salaries and wages (b). The research administration ex­ penses should be set aside as a separate in the case of rates developed under § 1- pense category should also include the cost grouping for distribution on such 15.307, or to total expenditures exclu­ staff benefit and pension plan costs ap­ basis to organized research and other sive of capital expenditures in the case plicable to the salaries and wages in­ activities at the institution or within the of rates developed under § 1-15.308. cluded therein? an appropriate share of department. (c) When the maximum amount al­ the costs of the operation and mainte­ (4) Where organized activities (in­ lowable under a statutory limitation or nance of the physical plant, and charges cluding identifiable segments of orga­ the terms of a research agreement is representing use allowance and/or de­ nized research as well as the activities less than the amount otherwise allocable preciation applicable to the buildings cited in § 1-15.302-4) provide their own as indirect costs under this Subpart 1- and equipment utilized in performing purchasing, personnel administration, 15.3, the amount not recoverable as indi­ the functions represented thereunder. building maintenance or similar service, rect costs under the research agreement (b) The expenses included in this the distribution of general administra­ involved may not be shifted to other category should be allocated to organized tion and general expenses or operation research agreements. research and, where necessary, to de­ and maintenance expenses to such activ­ partmental research on any basis reflect­ § 1—15.306 Identification and assign­ ing the proportion fairly applicable to ities should be accomplished through ment of indirect costs. cost groupings which include only that each. (See § 1-15.305-2.) § 1—15.306—1 General administration Portion of central indirect costs (such as § 1—15.306—3 Operation and mainte­ for overall management) which are and general expenses. nance expenses. Properly allocable to such activities; and (a) The expenses under this heading (a) The expenses under this heading (5) Where the institution elects to are those that have been Incurred for are those that have been incurred by treat as indirect charges the cost of the the general executive and administrative a central service organization or at the pension plan and other staff benefits, offices of educational institutions and departmental level for the administra­ such costs should be set aside as a sepa­ other expenses of a general character tion, supervision, operation, mainte­ rate cost grouping for selective distribu­ which do not relate solely to any major nance, preservation and protection of the 9680 RULES AND REGULATIONS institution’s physical plant. They in­ riodically on the respective institution’s activities. Such setoff shall be made clude expenses normally incurred for experience for representative periods. prior to the determination of the in­ such items as janitorial and utility serv­ § 1—15.306—5 Departmental administra­ direct cost rate or rates as provided, in ices; repairs and ordinary or normal tion expenses. § 1-15.307. alterations of buildings, furniture and § 1—15.307 Determination and applica­ equipment; and care of grounds and (a) The expenses under this heading tion of indirect cost rate or rates. maintenance and operation of buildings are those that have been incurred in the and other plant facilities. The operation department for the administrative and § 1—15.307—1 Indirect cost pools. and\ maintenance expense category supporting service operations that (a) Subject to (b) of this § 1-15.307-1, should also include the staff benefit and jointly benefit the instructional activities indirect costs allocated to organized re­ pension plan costs applicable to the-sal- and organized research of the depart­ search should be treated as a common aries and wages included therein, and ment. They include the salaries and pool, and the costs in such common pool charges representing use allowance and/ expenses of deans or heads, or associate should then be distributed to individual or depreciation applicable to the build­ deans or heads, of colleges, schools, de­ research agreements benefiting there­ ings and equipment utilized in perform­ partments or divisions, and their im­ from on a single rate basis. ing the functions represented thereunder. mediate secretarial staff together with (b) In some instances a single rate (b) The expenses included in thisthe salaries and expenses of personnel basis for use across the board on all Gov­ category should be apportioned and al­ engaged in supporting activities main­ ernment research at an institution may located to applicable cost objectives in tained by the department, such as stock- not be appropriate, since it would not a manner consistent with the guides rooms, stenographic pools, and the like take into account those different environ­ provided in § 1-15.305-2 on a basis that provided such supporting services are mental factors which may affect sub­ gives primary emphasis to space utiliza­ consistently treated as indirect costs. stantially the indirect costs applicable to tion. The allocations and apportion­ The salaries of other members of the a particular segment of Government re­ ments should be developed as follows: professorial staff whose academic ap­ search at the institution. For this pur­ (1) Where actual space and related cost pointments or formal assignments re­ pose, a particular segment of Govern­ records are available or can readily be quire the performance of such adminis­ ment research may be that performed developed and maintained without sig­ trative work may also be included to the under a single research agreement or it nificant change in the accounting prac­ extent that the portion so charged to may consist of research under a group of tices, the amount distributed should be departmental administration expenses is research agreements performed in a based on such records; (2) where the supported as required by § 1-15.309-7(b). common environment. The environ­ space and related cost records main­ The departmental administration ex­ mental factors are not limited to the tained are not sufficient for purposes of pense category should also include the physical location of the work. Other the foregoing, a reasonable estimate of staff benefit and pension plan costs ap­ important factors are the level of the the proportion of total space assigned to plicable to the salaries and wages in­ administrative support required, the the various cost objectives normally will cluded therein, an appropriate share of nature of the facilities or other resources suffice as a means for effecting distribu­ the costs of the operation and mainte­ employed, the scientific disciplines or tion of the amounts of operation and nance of the physical plant, and charges technical skills involved, the organiza­ maintenance expenses involved; or (3) representing use allowances and/or de­ tional arrangements used, or any com­ where it can be demonstrated that an preciation applicable to the buildings and bination thereof. Where a particular area or volume of space basis of alloca­ equipment utilized in performing the segment of Government research is per­ tion is impractical or inequitable, other functions represented thereunder. formed within an environment which bases may be used provided considera­ (b) No particular distribution base appears to generate a significantly dif­ tion is given to the use of facilities by is suggested for general use in allocating ferent level of indirect costs, provision research personnel and others, includ­ the expenses included in this category, should be made for a separate indirect ing students. since the situations which influence the cost pool applicable to such work. The incurrence of such expenses and the na­ separate indirect cost pool should be de­ § 1—15.306—4 Library expenses. ture of the administrative support pro­ veloped during the course of the regular (a) The expenses under this heading vided therefrom may vary considerably distribution process, and the separate are those that have been incurred for as between Institutions or departments indirect cost rate resulting therefrom the operation of the library, including within the same institution. Accord­ should be utilized provided it is deter­ the costs of books and library materials ingly, the distribution of departmental mined that (1) such indirect cost rate purchased for the library, less any items administration expenses should be made differs significantly from that which of library income that qualify as appli­ through use of selected bases applied to would have obtained under (a) of this cable credits under § 1-15.303-5. The li­ separate cost groupings established with­ § 1-15.307-1, and (2) the, volume of re­ brary expense category should also in­ in this category of expenses in accord­ search work to which such rate would clude the staff benefit and pension plan ance with the guides set out in § 1-15.- apply is material in relation to other costs applicable to the salaries and wages 305-2. Government research at the institution. included therein, an appropriate share of § 1—15.306—6 Setoff for indirect ex­ § 1—15.307—2 The distribution base. the costs of the operation and mainte­ penses otherwise provided for by the Indirect costs allocated to organized nance of the physical plant, and charges Government. representing use allowances and/or de­ research should be distributed to appli­ preciation applicable to the buildings and (a) The items to be accumulated un­ cable research agreements on the basis equipment utilized in the performance of der this heading are the reimbursements of direct salaries and wages. For this the functions represented thereunder. and other receipts from the Federal Gov­ purpose, an indirect cost rate should be (b) The expenses included in this ernment which are used by the institu­ determined for each of the separate in­ category should be allocated on the basis tion to support directly, in whole or in direct cost pools developed pursuant to of population including students and part, any of the administrative or serv­ § 1-15.307-1. The rate in each case other users. Where the results of the ice (indirect) activities described in should be stated as the percentage which distribution made on this basis are the foregoing §§ 1-15.306-1 through the amount of the particular indirect deemed to be inequitable to the govern­ 1-15.306-5. They include any amounts cost pool is of the total direct salaries ment or the institution, the distribution thus applied to such activities which may and wages of all research agreements should then be made on a selective basis have been received pursuant to an in­ identified with such pool. in accordance with the guides set out in stitutional base grant or any similar con­ § 1—15.307—3 Negotiated lump sum for § 1-15.305-2. Such selective distribution tractual arrangement with the Federal overhead. should be made through use of reasonable Government other than a research agree­ A negotiated fixed amount in lieu of methods which give adequate recogni­ ment as defined in § 1-15.302-3. indirect costs may be appropriate for tion to the utilization of the library (b) The sum of the items in this group self-contained or off-campus research attributable to faculty, research person­ shall be treated as a credit to the total activities where the benefits derived from nel, students, and others. The method indirect cost pool before it is is appor­ an institution’s indirect services cannot used will be based on data"developed pe­ tioned to organized research and to other be readily determined. Such amount Wednesday, August 4, 1965 FEDERAL REGISTER 9681 negotiated In lieu of indirect costs will expenditures for all other purposes. The § 1—15.309—3 Capital expenditures. be treated as an offset to total indirect first group should include amounts as­ The costs of equipment, buildings, and expenses before apportionment to in­ sociated with general administration, repairs which materially increase the struction, organized research, and other operation and maintenance of the physi­ value or useful life of buildings or equip- - institutional activities. The base on cal plant, and the library, to which may ment, are unallowable except as provided which such remaining expenses are al­ be added an amount not to exceed 20 for in the research agreement. located should be appropriately adjusted. percent of the salaries and expenses of deans and heads of departments. The § 1—15.309—4 Civil defense costs. § 1—15.307—4 Predetermined fixed rates second group)—expenditures for all other Civil defense costs are those incurred for indirect costs. purposes—should include the amounts in planning for, and the protection of Public Law 87-638 (76 Stat. 437) au­ applicable to all other activities; namely, life and property against, the possible thorizes the use of predetermined fixed instruction, organized research, and effects of enemy attack. Reasonable rates in determining the indirect costs other institutional activities as defined costs of civil defense measures (includ­ applicable under research agreements under § 1-15.302-4. ing costs in excess of normal plant pro­ with educational institutions. The (c) The indirect cost rate will thentection costs, first-aid training and sup­ stated objectives of the law are to sim­ be computed as the percentage relation­ plies, fire-fighting training, posting of plify the administration of cost-type re­ ship between the two categories of ex­ additional exit notices and directions, search and development contracts with penditures developed under (b) of this and other approved civil defense meas­ educational institutions, to facilitate the § 1-15.308-2; i.e., the rate should be ures) undertaken on the institution’s preparation of their budgets and to stated as the percentage which the total premises pursuant to suggestions or re­ permit, more expeditious closeout of such of expenditures applicable to overhead quirements of civil defense authorities contracts when the work is completed. functions is of the total for all other are allowable when distributed to all In view of the potential advantages of­ purposes. activities of the institution. Capital ex­ fered by this procedure, consideration § 1—15.309 General standards for se­ penditures for civil defense purposes will should be given to the negotiation of lected items o f cost. not be allowed, but a use allowance or predetermined fixed rates for indirect depreciation may be permitted in ac­ costs in those situations where the cost Subsections 1-15.309-1 through 1-15.- cordance with provisions set forth in experience and other pertinent facts 309-46 provides standards to be applied § 1-15.309-10. Costs of local civil defense available are deemed sufficient to enable in establishing the allowability of cer­ projects not on the institution’s premises the contracting parties to reach an in­ tain items involved in determining cost. are unallowable. formed judgment as to the probable These standards should apply irrespec­ level of indirect costs during the ensuing tive of whether a particular item of cost § 1—15.309—5 Commencement and con­ accounting period. is properly treated as direct cost or indi­ vocation costs. rect cost. Failure to mention a par­ Costs incurred for commencements § 1—15.308 Simplified method for small ticular item of cost in the standards is and convocations apply only to instruc­ institutions. not intended to imply that it is either tion and therefore are not allocable to § 1—15.308—1 General. allowable or unallowable ; rather, deter­ research agreements, either as direct (a) Where the total direct cost of mination as to allowability in each case costs or indirect costs. should be based on the treatment or all Government-sponsored research and § 1—15.309—6 Communication costs. development work at an institution does standards provided for similar or related not exceed $500,000 in a year, the use of items of cost. In case of discrepancy Costs incurred for telephone services, the abbreviated procedure described in between the provisions of a specific re­ local and long distance telephone calls, i 1-15.308-2 may be acceptable in the search agreement and the applicable telegrams, radiograms, postage and the determination of allowable indirect costs. standards provided, the provisions of the like, are allowable. Under this abbreviated procedure, data research agreement should govern. § 1—15.309—7 Compensation for per­ taken directly from the institution’s most § 1—15.309—1 Advertising costs. sonal services. recent annual financial report and im­ mediately available supporting informa­ The term “advertising costs” means (a) General. Compensation for per­ tion will be utilized as a basis for deter­ the costs of advertising media and corol­ sonal services covers all remuneration mining the indirect cost rate applicable lary administrative costs. Advertising paid currently or accrued to. employees to research agreements at the institution. media include magazines, newspapers, of the institution for services rendered (b) The rigid formula approach pro­ radio and television programs, direct during the period of performance under vided under the abbreviated procedure mail, exhibits, and the like. The only Government research agreements. Such has limitations which may preclude its advertising costs - allowable are those remuneration includes salaries, wages, use at some institutions, either because which are solely for (a) the recruitment staff benefits (see § 1-15.300-39) and the minimum data required for this pur­ of personnel required for the perform­ pension plan costs (see § 1-15.309-23). pose are not readily available, or because ance by the institution of obligations The costs of such remuneration are al­ the application of the abbreviated pro­ arising under the research agreement, lowable to the extent that the total cedure to the available data produces re­ when considered in conjunction with all compensation to individual employees is sults which appear inequitable to the other recruitment costs, as set forth in reasonable for the services rendered and Government or the institution. In any § 1-15.309-32; (b) the procurement of conforms to the established policy of such case, indirect costs should be de­ scarce items for the performance of the the institution consistently applied, and termined through use of the regular pro­ research agreement; or (c) the disp>osal provided that the charges for work per­ cedure rather than the abbreviated pro­ of scrap or surplus materials acquired formed directly on Government research cedure. in the performance of the research agreements and for other work allocable agreement. Costs of this nature, if in­ as indirect costs to organized research § 1—15.388—2 Abbreviated procedure. curred for more than one research are determined and supported as herein­ (a) Total expenditures as taken from agreement or for both research agree­ after provided. the most recent annual financial report ment work and other work of the insti­ (b) Payroll distribution. Amounts will be adjusted by eliminating from tution, are allowable to the extent that charged to organized research for per­ further consideration the following items the principles in §§ 1-15.304 and 1-15.305 sonal services, regardless of whether or categories of expenditure: capital treated as direct costs or allocated as in­ items as defined in § 1-15.309-3; un­ are observed. direct costs, will be based on institutional allowable cost as defined under various § 1-15.309-2 Bad debts. payrolls which have been approved and headings in § 1-15.309; and payments documented in accordance with generally for annuities and student aid. Any losses, whether actual or esti­ accepted institutional practices. In (b) Total expenditures as adjusted mated, arising from uncollectible ac­ order to develop necessary direct and under the foregoing will then be distrib­ counts and other claims, related collec­ indirect allocations of cost, supple­ uted as between (1) expenditures appli­ tion costs, and related legal costs, are mentary data on time or effort, as pro­ cable to overhead functions, and (2) unallowable. vided in (c) of this § 1-15.309-7, nor- 9682 RULES AND REGULATIONS mally need be required only for in­ (e) Application of budget estimates.rangement is specifically provided in the dividuals whose compensation is properly Estimates determined before the per­ research agreement or approved in writ­ chargeable to two or more research formance of services, such as budget ing by the sponsoring agency. agreements or to two or more of the estimates on a monthly, quarterly, se­ (h) Salary rates for periods outside following broad functional categories: mester, or yearly basis do not qualify as the academic year. Charges for work (1) Instruction: (2) organized research; estimates of effort spent. However, such performed by faculty members on Gov­ (3) indirect activities as defined in estimates may be accepted as support ernment research during the summer § 1-15.305-1; or (4) other institutional for charges made if subsequently found months or other periods not included in activities as defined in § 1-15.302-4. to be valid in the light of effort actually the base salary period will be determined (c) Reporting time or effort. Charges expended as reflected in the individual’s for each faculty member at a rate not for salaries and wages of individuals report of effort made in accordance with in excess of that which would be appli­ other than members of the professional the above. Where the cumulative effort cable under his base salary and will be staff will be supported by time and at­ actually expended from month to month limited to that effort actually expended tendance and payroll distribution rec­ varies from cumulative effort budgeted on such research. ords. For members of the professional or forecasted, the amount claimed should (i) Salary rates for part-time faculty. staff, current and reasonable estimates be based on effort actually expended as Charges for work performed on Govern­ of the percentage distribution of their supported under the individual’s report ment research by faculty members hav­ total effort may be used as support in of effort, or the claim may be deferred. ing only part-time appointments for the absence of actual time records. The (f ) Non-university professional ac­ teaching will be determined at a rate term “professional staff” includes pro­ tivities. A university must not alter or not in excess of that for which he is regu­ fessors, instructors, research associates waive university-wide policies and prac­ larly paid for his part-time teaching as­ and assistants, graduate students, and tices dealing with the permissible extent signments. Example: An institution other persons performing professional of professional services over and above pays $5,000 to a faculty member for half­ work. In order to qualify as current and those traditionally performed without time teaching during the academic year. reasonable, estimates must be made no extra university compensation, unless He devoted one-half of his remaining later than one month (though not neces­ such arrangements are specifically au­ time (25 percent of his total available sarily a calendar month) after the thorized by the sponsoring agency. time) to government research. Thus his month in which the services were per­ Where university-wide policies do not additional compensation, chargeable by formed: Provided, however, That in the adequately define the permissible extent the institution to government research case of professorial staff and of any of consultahtships or other non-uni­ agreements, would be one-half of $5,000 others whose compensation is chargeable versity activities undertaken for extra or $2,500. in part to instruction and in part to or­ pay, the Government may require that § 1—15.309—8 Contingency provisions. ganized research, the estimates of effort the effort of professional staff working expended must be made at appropriate under research agreements be allocated Contributions to a contingency reserve time intervals. as determined by the as between (1) university activities, and or any similar provision made for events sponsoring agency, but in no case less (2) non-university professional activi­ the occurrence of which cannot be fore­ frequently than once each quarter. ties. If the sponsoring agency should told with certainty as to time, intensity, (d) Preparation of estimates of effort. consider the extent of non-university or with an assurance of their happening, Where required under (c) erf this § 1- professional effort excessive, appropriate are unallowable. 15.309-7 estimates of effort spent by a arrangements governing compensation § 1—15.309—9 Deans of faculty and grad­ member of the professional staff on each will be negotiated on a case by case uate schools. research agreement should be prepared basis. The salaries and expenses of deans of by the individual who performed the (g) Salary rates for academic year. faculty and graduate schools, or their services, or by a responsible individual Charges for work performed on Govern­ equivalents, and their ^staffs, are allow­ such as a department head or supervisor ment research by faculty members dur­ able. having firsthand knowledge of the serv­ ing the academic year will be based on ices performed on each research agree­ the individual faculty member’s regular § 1—15.309—10 Depreciation and use al­ ment. Estimates must show the alloca­ compensation for the continuous period lowances. tion of effort between organized research which, under the practice of the institu­ (a) Institutions may be compensated and all other university activities in tion concerned, constitutes the basis of for the use of buildings, capital improve­ terms of the percentage of total effort his salary. Charges for work performed ments, and usable equipment on hand devoted to each of the broad functional on research agreements during all or any through use allowances or depreciation. categories referred to in (b) of this portion of such period would be allowable Use allowances are the means of pro­ § 1-15.309-7. The estimate of effort" at the base salary rate. In no event will viding such compensation when depre­ spent on a research agreement may in­ the charge to research agreements, ir­ ciation or other equivalent costs are not clude a reasonable amount of time spent respective of the basis of computation, considered. However, a combination of in activities contributing'and intimately exceed the proportionate share of the the two methods may not be used in related to work under the agreement, base salary for that period, and any extra connection with a single Class of fixed such as preparing and delivering special compensation above the base salary for assets. lectures about specific aspects of the on­ work on Government research during (b) Due consideration will be given to going research, writing research reports such period would be unallowable. This Gpvernment-furnished facilities utilized and articles, participating in appropri­ principle applies to all members of the by the institution when computing use ate research seminars, consulting with faculty at an institution and, since intra- allowances and/or depreciation if the colleagues and graduate students with university consulting is assumed to be Government-furnished facilities are ma­ respect to related research, and attend­ undertaken as a university obligation terial in amount. Computation of the ing appropriate scientific meetings and requiring no compensation additional to use allowance and/or depreciation will conferences. The term “all other uni­ full-time base salary, the principle also exclude both the cost or any portion of versity activities” would include depart­ applies to those who function as consult­ the cost of buildings and equipment ants or otherwise contribute to a re­ borne by or donated by the Federal Gov­ mental research, instruction, student search agreement conducted by another ernment, irrespective of where title was services, administration, committee work, faculty member of the same institution: originally vested or where it presently and public services undertaken on be­ Provided, however, That in unusual resides and, secondly, the cost of half of the university. In no case should cases where consultation is across de­ grounds. Capital expenditures for land effort spent in lecturing for or prepar­ partmental lines or involves a separate improvements (paved areas, fences, ing for formal courses listed in the cat­ or remote operation, and the work per­ streets, sidewalks, utility conduits and alog and offered for degree credit, or formed by the consultant is in addition similar improvements not already in­ effort devoted to committee or adminis­ to his regular departmental load, any cluded in the cost of buildings) are al­ trative work related to university busi­ charges for such work representing extra lowable provided the systematic amor­ ness be included in the estimate of effort compensation above the base salary are tization of such capital expenditures has spent on research agreements. allowable provided such consulting ar­ been provided in the institution’s books Wednesday, August 4, 1965 FEDERAL REGISTER 9683 of account, based on reasonable deter­ §1—15.309—11 Employee morale, health, curred because of losses not covered minations of the probable useful lives of and welfare costs and credits. under nominal deductible insurance the individual items involved, and the The costs of house publications, health coverage provided in keeping with sound share allocated to organized research is or first-aid clinics and/or infirmaries, management practice as well as minor developed from the amount thus amor­ recreational -activities, employees’ coun­ losses not covered by insurance, such as tized for the base period involved. seling services, and other expenses in­ spoilage, breakage and disappearance of (c) Where the use allowance method curred in accordance with the institu­ small hand tools, which occur in the is followed, the use allowance for build­ tion’s established practice or custom for ordinary course of operations, are allow­ ings and improvements will be computed able. the improvement of working conditions, (e) Indemnification includes securing at an annual rate not exceeding two employer-employee relations, employee percent of acquisition cost. The use al­ morale, and employee performance, are the institution against liabilities to third lowance for equipment will be computed allowable. Such costs will be equitably persons and other losses not compensated at an annual rate not exceeding six and apportioned to all activities of the in­ by insurance or otherwise. The Govern­ two-thirds percent of acquisition cost of stitution. Income generated from any ment is obligated to indemnify the insti­ usable equipment in those cases where of these activities will be credited to the tution only to the extent expressly pro­ the institution maintains current records cost thereof unless such income has been vided for in the research agreement, ex­ with respect to such equipment on hand. irrevocably set over to employee welfare cept as provided in (d) of this Where the institution’s records reflect organizations. § 1-15.309-15. only the cost (actual or estimated) of § 1-15.309-16 Interest, fund raising, the original complement of equipment, § 1—15.309—12 Entertainment costs. and investment management costs. the use allowance will be computed at Costs incurred for amusement, social (a) Costs incurred for interest on bor­ an annual rate not exceeding ten percent activities, entertainment, and any items rowed capital or temporary use of endow­ of such cost. Original complement for relating thereto, such as meals, lodging, this purpose means the complement of ment funds, however represented, are rentals, transportation, and gratuities, unallowable. equipment initially placed in buildings are unallowable. to perform the functions currently being (b) Costs of organized fund raising, performed in such buildings; however, § 1—15.309—13 Equipment and other including financial campaigns, endow­ where a permanent change in the func­ facilities. ment drives, solicitation of gifts and tion of a building takes place, a rede­ The costs of equipment or other facili­ bequests, and similar expenses incurred termination of the original complement ties are allowable where such purchases solely to raise capital or obtain contribu­ of equipment may be made at th at time are approved by the sponsoring agency tions, are not allocable to Government to establish a new original complement. concerned or provided for by the terms research agreements. In those cases where no equipment rec­ of the research agreement. (c) Costs of investment counsel and ords are maintained, the institution will staff and similar expenses incurred solely justify a reasonable estimate of the § 1—15.309—14 Fines and penalties. to enhance income from investments are acquisition cost of usable equipment Costs resulting from violations of, or not allocable to Government research which may be used to compute the use failure of the institution to comply with, agreements. allowance at an annual rate not exceed­ Federal, State, and local laws and regu­ (d) Costs related to the physical cus­ ing six and two-thirds percent of such lations are unallowable except when in­ tody and control of monies and securities estimate. curred as a result of compliance with are allowable. (d) Where the depreciation method is specific provisions of the research agree­ § 1—15.309—17 Labor relations costs. followed, adequate property records must ment, or instructions in writing from the be maintained. The period of useful contracting officer. Costs incurred in maintaining satis­ service (service life) established in each factory relations between the institution case for usable capital assets must be de­ § 1—15.309—15 Insurance and indem­ and its employees, including costs of termined on a realistic basis which takes nification. labor management committees, em­ into consideration such factors as type (a) Costs of insurance required or ployees’ publications, and other related of construction, nature of the equipment approved, and maintained, pursuant to activities, are allowable. used, technological developments in the the research agreement, are allowable.- § 1—15.309—18 Losses on other research particular research area, and the renewal (b) Costs of .other insurance main­ agreements or contracts. and replacement policies followed for the tained by the institution in connection individual items or classes of assets in­ with the general conduct of its activities, Any excess of costs over income under volved. Where the depreciation method are allowable subject to the following any other research agreement or con­ is introduced for application to assets limitations: (1) Types and extent and tract of any nature is unallowable. This acquired in prior years, the annual cost of coverage must be in accordance includes, but is not limited to, the insti­ charges therefrom must not exceed the with sound institutional practice; (2) tution’s contributed portion by reason amounts that would have resulted had costs of insurance or of any contribu­ of cost-sharing agreements or any un­ the depreciation method been in effect tions to any reserve covering the risk of der-recoveries through negotiation of from the date of acquisition of such loss of or damage to Government- flat amounts for overhead. assets. owned property are unallowable except to § 1—15.309—19 Maintenance and repair (e) Where an institution elects to the extent that the Government has spe­ costs. go on a depreciation basis for a-particular cifically required or approved such costs; Costs incurred for necessary mainte­ class of assets, no depreciation, rental and (3) costs of insurance on the lives nance, repair, or upkeep of property (in­ or use charge may be allowed on any of officers or trustees are unallowable cluding Government property unless such assets that, under (d) of this except where such insurance is part of otherwise provided for) which neither § 1-15.309-10, would be viewed as fully an employee plan which is not unduly add to the permanent value of the prop­ depreciated: Provided, h o w e v e rThat restricted. erty nor appreciably prolong its intended reasonable use charges may be negoti­ (c) Contributions to a reserve for an life, but keep it in an efficient operating ated for any such assets if warranted approved self-insurance program are condition, are allowable. after taking into consideration the cost allowable to the extent that the types of of the facility or item involved, th§ esti­ coverage, extent of coverage, and the § 1—15.309—20 Material costs. mated useful life remaining at time of rates and premiums would have been Costs incurred for purchased ma­ negotiation, the actual replacement pol­ allowed had insurance been purchased terials, supplies, and fabricated parts icy followed in the light of service lives to cover the risks. directly or indirectly related to the re­ used for calculating depreciation, the (d) Actual losses which could have search agreement, are allowable. Pur­ effect of any increased maintenance been covered by permissible insurance chases made specifically for the research charges or decreased efficiency due to age, (through an approved self-insurance agreement should be charged thereto at and any other factors pertinent to the program or otherwise) are unallowable their actual prices after deducting all utilization of the facility or item for the unless expressly provided for in the re­ cash discounts, trade discounts, rebates, Purpose contemplated. search agreement, except that costs in­ and allowances received by the institu- No. 149----- 3 9684 RULES AND REGULATIONS

tion. Withdrawals from general stores are unallowable unless specifically set § 1—15.309—29 Public information serv­ or stockrooms should be charged at their forth and identified in the research ices costs. cost under any recognized method of agreement. Costs of news releases pertaining to pricing stores withdrawals conforming § 1—15.309—26 Professional service« specific research or scientific accomplish­ to sound accounting practices consis- costs. ment are unallowable unless specifically tently followed by the institution. In­ authorized by the sponsoring agency. J coming transportation charges are a (a) Costs of professional services proper part of material cost. Direct rendered by the members of a particular § 1—15.309—30 Rearrangement and al­ material cost should include only the profession who are not employees of the teration costs. materials and supplies actually used for institution are allowable, subject to (b) Costs incurred for ordinary or normal the performance of the research agree­ and (c) of this § 1-15.309-26, when rea­ rearrangement and alteration of facili­ ment, and due credit should be given for sonable in relation to the services ties are allowable. Special arrangement any excess materials retained, or re­ rendered and when not contingent upon and alteration costs incurred specifically turned to vendors. Due credit should recovery of the costs from the Govern­ for the project are allowable when such be given for all proceeds or value received ment. Retainer fees to be allowable work has been approved in advance by for any scrap resulting from work under must be reasonably supported by the sponsoring agency concerned. the research agreement. Where Gov­ evidence of services rendered. ernment-donated or -furnished material (b) Factors to be considered in de­ § 1—15.309—31 Reconversion costs. is used in performing the research agree­ termining the allowability of costs in a Costs incurred in the restoration or ment, such material will be used without particular case include d ) the past pat­ rehabilitation of the institution’s facili­ charge. tern of such costs, particularly in the ties to approximately the same condition years prior to the award of Government existing immediately prior to commence­ § 1—15.309—21 Memberships, subscrip­ research agreements; (2) the impact of ment of Government research agreement tions, and professional activity costs. Government research agreements on the work, fair wear and tear excepted, are (a) Costs of the institution’s member­institution’s total activity; (3) the nature allowable. ship In civic, business, technical, and and scope of managerial services ex­ professional organizations are allowable. pected of the institution’s own organiza­ § 1—15.309—32 Recruiting costs.

/ 9686 RULES AND REGULATIONS charged on an actual basis, on a per diem due to the negligent or willful failure of or mileage basis in lieu of actual costs the institution to discontinue such costs Title 47— TELECOMMUNICATION incurred, or on a combination of the two, will be considered unacceptable. provided the method used is applied to (d) Loss of useful value of special Chapter I— -Federal Communications an entire trip and not to selected days tooling, and special machinery and Commission of the trip, and results in charges con­ equipment is generally allowable, pro­ [Docket No. 6741; FCC 65-732] sistent with those normally allowed by vided (1) such special tooling, machin­ the institution in its regular operations. ery, or equipment is not reasonably PART 1— PRACTICE AND PROCEDURE (b) Travel costs are allowable subject capable of use in the other work of the Clear Channel Broadcasting in the to paragraph (c) and (d) of this § 1-15.- institution; (2) the interest of the Gov­ Standard Broadcast Band; Memo­ 309-44, when they are directly attribut­ ernment is protected by transfer of title able to specific work under a research or by other means deemed appropriate randum Opinion and Order agreement or are incurred in the normal by the contracting officer; and (3) the 1. The Commission has before it for course of administration of the institu­ loss of useful value as to any one termi­ consideration a “Petition for Partial Re­ tion or a department or research pro­ nated contract is limited to that portion consideration and Clarification” filed by gram thereof. of the acquisition cost which bears the Atlanta Newspapers, Inc., on December (c) The difference in cost between same ratio to the total acquisition cost 28, 1962, on behalf of its Class I-A Sta­ first-class air accommodations and less as the terminated portion of the contract tion WSB, Atlanta (750 kc/s); and cer­ than first-class air accommodations is bears to the entire terminated contract tain subsequent pleadings relating unallowable except when less than first- and other Government contracts for thereto. These were statements in the class air accommodations are not reason­ which the special tooling, special ma­ nature of oppositions to WSB’s petition ably available to meet necessary mission chinery, or equipment was acquired. filed by the licensees of two co-channel requirements, such as where less than (e) Rental costs under unexpired stations—KMMJ, Grand Island, Nebr., first-class accommodations would (1) re­ leases are generally allowable where and KXL, Portland, Oreg.1—both lim­ quire circuitous routing, (2) require clearly shown to have been reasonably ited-time operations protecting WSB; travel during unreasonable hours, (3) necessary for the performance of the ter­ and letters from WSB and the licensee greatly increase the duration of the minated contract, less the residual value of Station KFQD, Anchorage, Alaska flight, (4) result in additional costs which of such leases, if (1) the amount of such (KFQD, Inc.), concerning that station’s would offset the transportation savings, rental claimed does not exceed the rea­ application (BP-16350) to change fre­ or (5) offer accommodations which are sonable use value of the property leased quency to 750 kc/s.2 All of these relate not reasonably adequate for the medical for the period of the contract and such to our disposition of the I-A frequency needs of the traveler. further period as may be reasonable; and 750 kc/s in the Clear Channel Decision (d) Costs of personnel movements of (2) the institution makes all reasonable of 1961 and Memorandum Opinion and a special or mass nature are allowable efforts to terminate, assign, settle, or Order on reconsideration in November only when authorized or approved in otherwise reduce the cost of such lease. 1962. writing by the sponsoring agency or its There also may be included the cost of 2. In our Clear Channel actions of authorized representative. alterations of such leased property, pro­ 1961 and 1962,3 we provided for “dupli­ vided such alterations were necessary for cation” of 13 of the 25 I-A clear chan­ § 1—15.309—45 Termination costs ap­ the performance of the contract, and of plicable to contracts. nels, with one additional full-time as­ reasonable restoration required by the signment on each. The additional as­ (a) Contract termination generally provisions of the lease. signment on 750 kc/s was designated at gives rise to the incurrence of costs or (f) Settlement expenses including the Anchorage, to provide a frequency for to the need for special treatment of costs, following are generally allowable: (1) KFQD, which was required to. change which would not have arisen had the accounting, legal, clerical, and similar from 730 kc/s under the provisions of the contract not been terminated. Items pe­ costs reasonably necessary for the prep­ U.S./Mexican Agreement, which became culiar to termination are set forth below. aration and presentation to contracting effective in 1961. (See §§ 73.229 and They are to be used in conjunction with officers of settlement claims and sup­ 73.25(a)). The disposition of the re­ all other provisions of this Subpart 1-15.3 porting data with respect to the term­ maining 12 I-A channels was left for in the case of contract termination. inated portion of the contract, and the further consideration, including possible (b) The cost of common items of ma­ termination and settlement of subcon­ “higher power” (such as 500 or 750 kw) terial reasonably usable on the institu­ tracts; and (2) reasonable costs for the for the I-A stations, or similar duplica­ tion’s other work will not be allowable storage, transportation, protection, and tion. We rejected contentions that we unless the institution submits evidence disposition of property provided by the should provide for more than one addi­ that it could not retain such items at cost Government or acquired or produced by tional full-time station (making a total without sustaining a loss. In deciding the institution for the contract. of two) on any of the 25 channels; there­ whether such items are reasonably usable (g) Subcontractor claims, including fore we did not provide for duplication on other work of the institution, con­ the allocable portion of claims which are on 660 kc/s, on which Station WNBC, sideration should be given to the insti­ common to the contract and to other New York City, is the dominant I-A sta- tution’s plans and orders for current and work of the contractor are generally scheduled work. Contemporaneous pirn- allowable. 1 Respectively, Town and Farm Co., Inc., chases of common items by the institu­ and Essex Productions, Inc., and Dena Pic­ tion will be regarded as evidence that § 1—15.309—46 Use allowances. tures, Incorporated, a joint venture d/b as such items are reasonably usable on the See § 1-15.309-10. Seattle, Portland and Spokane Radio. institution’s other work. Any acceptance 3 In reply to KMMJ and KXL, WSB asserted that their statements were not timely filed. - of common items as allowable to the Effective date. These regulations are Since we are here taking the extraordinary terminated portion of the contract should effective August 16, 1965, but the revised action of considering on its merits a second be limited to the extent that the quanti­ cost principles should be applied at the petition when the original decision remained ties of such items on hand, in transit, earliest practicable date. However, the same on first reconsideration, we believe and on order are in excess of the reason­ agencies need not require an educational it appropriate- to consider the responsive able quantitative requirements of other institution whose fiscal year begins after pleadings also. We deal with WSB’s petition work. August 16, 1965 to comply with these on its merits because of the special circum­ stances of this proceeding, where the Memo­ (c) If in a particular case, despite all regulations until the beginning date of randum Opinion and Order on reconsidera­ reasonable efforts by the institution, cer­ the institution’s 1965-1966 fiscal year. tion in 1962 necessarily covered a large tain costs cannot be discontinued im­ Dated: July 29, 1965. number of matters and issues and the present mediately after the effective date of petition seeks reconsideration of only one termination, such costs are generally al­ Lawson B. K nott, Jr., small aspect of the matters covered. Administrator of General Services. 3 Report and Order adopted Sept. 13, 1961, lowable within the limitations set forth FCC 61-1106, 31 FCC 565, 21 R.R. 1801; and in this Subpart 1-15.3, except that any [FJR. Doc. 65-8176; Hied, Aug. 3, 1965; Memorandum Opinion and Order, adopted such costs continuing after termination 8:47 a.m.] Nov. 21, 1962, FCC 62-1214, 24 R.R. 1595. Wednesday, August 4, 1965 FEDERAL REGISTER 9687 tion and on which Station KFAR, Fair­ sions and referred to above, we regard In § 1.569, the introductory text, para­ banks, Alaska, also has operated full­ the assignment of 750 kc/s to Anchorage graph (a) (1) and paragraph (b) (1) are time for many years.4 Thus 600 kc/s re­ as important in the public interest. amended to read as follows: mains among the 12 “reserved” channels. 5. Aside from the matter of the An­ § 1.569 Applications for frequencies ad­ 3. During the Clear Channel proceed­ chorage assignment, we are of the view jacent to Class I—A channels. ing and on reconsideration, WSB had that WSB’s request is warranted. There urged that “higher power” be permitted is no significant difference between its Notwithstanding the provisions of any for it on 750 kc/s (and for the I-A sta­ situation and that of WNBC on 660 kc/s, other rules of the Commission, all ap­ tions generally). We denied this request and no reason for disparate treatment. plications (regardless of when they were when we assigned 750 kc/s to Anchorage. Therefore, we are amending the AM proc­ or may be filed) for frequencies located In the instant petition, WSB asks that essing rule concerning channels adjacent within 30 kc/s of a Class I-A channel it be made clear that 750 kc/s is among to the I-A channels (§ 1.569) to afford listed in § 73.25(a) of this chapter will those channels “reserved” for future WSB the same protection against adja­ be subject to the provisions of this sec­ higher-power consideration, and, specifi­ cent-channel authorizations as the I-A tion. The provision of paragraph (a) cally, that we change our processing rule stations on “reserved” channels. Spe­ of this section to the frequencies listed governing applications for channels ad­ cifically, we are providing that, with therein, which are within 30 kc/s of a jacent to the I-A channels (i.e., those respect to 750 kc/s, the frequency 740 Class I-A channel on which an unlimited within 30 kc/s of a I-A channel) so as to kc/s is included in paragraph (b) of that time Class n assignment is specifically afford WSB’s “higher power” potential section (restrictions on frequencies adja­ provided for in § 73.22 or § 73.25(a) of the same protection with respect to new cent to both duplicated and reserved I-A this chapter, and which are not within channels), and that the same restrictions 30 kc/s of the remaining Class I-A chan­ authorizations as it affords the I-A sta­ nels (except that the frequency 1230 tions on the 12 “reserved” channels. will also apply to 730 kc/s vis-a-vis 750 kc/s is considered to be within 30 kc/s WSB urges again the arguments in favor kc/s.5 This action is in the public in­ of duplicated I-A channels only). The of higher power for it (improved service terest because it protects possible future provisions of paragraph (b) of this sec­ in the Southeast, where there are large use of this clear channel. Since we have tion apply to the frequencies listed in and populous “white areas”) . As WSB not provided for duplication by more that paragraph, which are within 30 kc/s points out, we recognized this potential than one station, KXL’s request—which of unduplicated Class I-A channels and (Memorandum Opinion and Order, para­ would entail multiple duplication—must also, in each case, within 30 kc/s of graphs 23 and 35-37). While we believed be denied. Class I-A channels on which an un­ the assignment of the Anchorage station 6. We emphasize in closing that our limited time Class II assignment is spe­ to 750 kc/s to be more in the public inter­ action herein does not mean that higher cifically provided for in § 73.22 or § 73.25 est, we stated that we would be free in power will necessarily be authorized for (a) of this chapter. For the purposes the future to consider higher power for WSB, or, indeed, for any other I-A sta­ of paragraph (b) (2) (i), (ii) and (iii) the I-A stations on the “duplicated” as tion. This is a complex question, which of this section, the frequency 750 kc/s is well as the “reserved” channels if the is now under consideration. Moreover, regarded as an unduplicated Class I-A public interest warrants. WSB urges our action here is taken because of the clear channel. The provisions of para­ that its situation is essentially the same special circumstances of the situation, graph (c) of this section apply to the as that of WNBC on 660 kc/s—which is where the duplicating assignment is at three frequencies listed therein, which treated as a “reserved” channel—and, such a great distance from the I-A are within 30 kc/s of unduplicated clear also, that future authorization of higher channels only. power to it would be completely consist­ station. 7. In view of the foregoing: It is or­ (a) (1) The provisions of this para­ ent with the Anchorage assignment on graph apply to the following frequencies: the channel (WSB with 750 kw would dered, That, effective September 7, 1965, § 1.569 of the Commission’s rules is 910, 920, 990, 1000, 1080, 1090, 1110, 1230, limit KFQD nighttime only to a signal- and 1240 kc/s; and 740 kc/s except with intensity contour somewhat less than the amended as set forth below. Authority respect to the Class I-A clear channel 750 2.5 mv/m contour which is the normally for this action is found in sections 4(i) kc/s, in which case the provisions of protected limit for Class n stations at and 303 (r) of the Communications Act paragraph (b) of this section apply, night, and KFQD operating with 10 kw of 1934, as amended. * * * * 4* would not cause interference within the 8. It is further ordered, That the “Pe­ 0.5 mv/m 50 percent skywave contour tition for Partial Reconsideration and (b) (1) The provisions of this para­ which WSB would have operating with graph apply to the following frequencies: 750 kw). Clarification” filed by Atlanta News­ 680, 690, 710, 730, 790, 800, 810, 850, 860, 4. The statements in opposition by papers, Inc., on December 28, 1962, is 900, 1010, 1050, 1060, 1070, 1130, 1140, KMMJ and KXL essentially repeat their granted to the extent indicated herein 1150, 1170, 1190, and 1220 kc/s; and 740 positions during the proceeding. KMMJ and in all other respects is denied; and kc/s with respect to the Class I-A clear opposes higher power generally and for that this proceeding is terminated. channel 750 ke/s. WSB in particular, and urges that any Adopted: July 28,1965. * * 4c 4: 4c such authorization be without prejudice (Sec. 4, 48 Stat. 1066, as aniended; 47 U.S.C. to KMMJ. KXL, which sought fulltime Released: July 30,1965. 154. Interprets or applies sec. 303, 48 Stat. operation on 750 kc/s, again urges the 1082, as amended; 47 U.S.C. 303) public interest in such an assignment, F ederal Communications [F.R. Doc. 65-8180; Filed, Aug. 3, 1965; and states that any special consideration Commission,* 8:47 a.m.] given WSB, such as that requested, be [seal] B en F. Waple, conditioned on its acquiescing in fulltime Secretary. operation by KXL. The later letters [Docket No. 15969, RM-574, RM-700, from WSB and KFQD, concerning the RM—718; FCC 65-723] latter’s Anchorage application, need not 6 No pending applications are affected by be discussed, in view of our action of the changes adopted herein. Aside from ap­ PART 73— RADIO BROADCAST plications for new Class II-A assignments in SERVICES July 21, 1965, granting the Anchorage the West on 780 and 720 kc/s, the only appli­ application (which WSB does not op­ cations on channels within 30 kc/s of 750 Certain FM Broadcast Stations in New pose) and the absence of impact between kc/s are: applications for a new station at the two situations mentioned above. Bowling Green, Ohio, and change in antenna Jersey; Table of Assignments Were it not for the absence of such im­ array of an Alexandria, Va., station, on 730 1. The Commission has under consid­ pact, we would perforce deny WSB’s peti­ kc/s; an application for a new station at Baraboo, Wis., on 740 kc/s (all daytime-only); eration its notice of proposed rule mak­ tion, since, for reasons stated in the deci- and, on 770 kc/s, an application by KXA, ing issued in this proceeding (FCC 65- Seattle, to increase daytime power (tendered 326) on April 22,1965, and printed in the 4 See Report and Order, pars. 31, 43, but not accepted). F ederal R egister on April 27, 1965 (30 footnote 5; Memorandum Opinion and Oi «Commissioner Hyde absent; Commissioner F.R. 5860), inviting comments on the par. 27. Bartley abstaining from voting. following proposal: 9688 RULES AND REGULATIONS service to that community and nearby above, urged by a potential applicant Channel No. places, which do not now receive such a for Neptune, who also supports the as­ City (all New Jersey) service. signment of one of these channels at Present Proposed 4. In the Fourth Report and Order in Eatontown to solve the existing inter­ the over-all FM allocation proceeding ference problem. 288A 292A (Docket No. 14185, FCC 64-919, released 6. Before proceeding it may be helpful Point. Plensn.nt_ _ 240A 292A October 9,1964, paragraph 37) we stated to outline the communities involved in that, when a short-spaced channel pre­ this proceeding and the FM assignment viously occupied becomes vacant, we situation in eastern New Jersey. All of The notice was issued in response to would give consideration to the question the communities are in Monmouth Coun­ various proposed uses of Channels 240A of whether or not it should be deleted ty (population 334,401) with the excep­ and 292A in eastern New Jersey as from the community, taking into account tion of Point Pleasant, which is located follows: the/ amount of the separation short­ just below Monmouth County in Ocean (a) Assignment of 240A or 292A to age (s), the need for assignments else­ County. Ocean County has a population Eatontown, for use by Station WHTG- where, the other service available, and of 108,241 and one unused FM assign­ FM, now on Channel 288A and seriously other relevant factors. We also stated ment on a Class A channel at Toms short-spaced to a co-channel station at in the Third Further Notice of Proposed River. The population of the communi­ Dover, N.J. (the Dover licensee, Drexel Rule Making in this same docket, FCC ties are as follows: Hill Associates, Inc., proposed 240A for 64-70, paragraph 5, with respect to ex­ Matawan ______5,097 this use; the Eatontown licensee, Harold isting short-spaced stations “Where a Eatontow n______10,334 Gade, prefers 292A). proposed change or series of changes Bed Bank______12,482 (b) Assignment of 240A at Point would eliminate all short-spacing prob­ Point Pleasant______10,182 Pleasant (requested by Dorothy Fielder lems, would create no new problems, and Lakewood ______16,020 Brown, doing business as Pleasant would not require the deletion of any Neptune (city)______4,013 Broadcasters, applicant for Channel existing or proposed assignment, the re­ Neptune (township)______* 21,487 292A at Point Pleasant under the “25- quested change or changes will, in all un­ Eatontown is about 4 miles south of Red mile rule”). Mrs. Brown also supported contested cases, be granted. Similarly, Bank and Neptune is about 1 mile south use of 292A at Eatontown. where a proposed change or series of of Asbury Park. Monmouth County (c) Retention of Channel 292A at Red changes would substantially improve one has at present four class A FM assign­ Bank, urged by Jupiter Associates, Inc., or more short-spacings—even if the ments at Asbury Park (232A), Eaton­ potential applicant for that assignment shortages were not entirely eliminated— town (288A), Red Bank (292A) and Long (Jupiter Associates is a Matawan group, and no new problems would be created, it Branch (296A), of which all are occu­ and is interested in establishing a radio is most probable that we would be pre­ pied except Red Bank. station in or near that community, some pared to modify the Table of Assign­ 7. Gade and Drexel Hill support the 8 miles from Red Bank). This request ments and the licenses involved. Fi­ proposal on the grounds that it would was made in opposition to the petitions nally, we do not preclude the possibility better serve the needs of both communi­ requesting Channel 292A for Eatontown. that a series of channel changes might ties, would remove the long standing in­ The notice further stated that appro­ be approved even if a slight worsening of terference problem existing between their priate steps would be taken to modify the position of one or more stations respective co-channel stations, and the authorization of WHTG-FM in the would be involved. In such a case, how­ would permit improvement in the cover­ event the proposal is adopted. ever, it would be necessary for the parties age of the stations by the use of in­ 2. The serious co-channel short spac­ requesting the changes to show that creased facilities. Gade also accepts the ing between the Eatontown and Dover there would be a marked net improve­ modification of the license of WHTG- stations (46.5 miles compared to 65 miles ment in the over-all assignment pic­ FM to Channel 292A or 240A, in the standard minimum separation) has led ture”.' In line with these general policy event either channel is assigned to to controversy between the licensees of determinations and in view of the fact Eatontown in lieu of Channel 288A. these stations (see Memorandum Opinion that Channel 292A was an improvement 8. Monmouth County Broadcasting and Order in File Nos. BLH-2260 and in over-all spacings over its continued use Corp. (Monmouth), prospective appli­ BLH-2359, FCC 63-986 and FCC 64-129). at Red Bank and Channel 240A could be cant for a new FM station in the Mata­ This serious shortage would, of course, be used at standard spacings to provide wan area, opposes the proposal insofar as removed by substitution of Channel 292A service to Point Pleasant in an area gen­ it would delete Channel 292A from Red at Eatontown, as it would also if Chan­ erally having less service than the Mon­ Bank. This group is comprised of the nel 240A were used as the substitute. mouth County area to the north, we same individuals as Jupiter Associates, The short separations involved in the stated in the notice that the use of 292A Inc., the party which filed oppositions to substitutions, the present Eatontown to solve the serious Eatontown-Dover the original petitions in this proceeding. operation and the former Red Bank op­ situation may very well be in the public This party outlines the efforts made in eration on 292A are as shown in the interest. We at the same time rejected the past to obtain a radio license to Appendix hereto (figures are the amount the Jupiter opposition to the Gade and serve the Matawan area and opposes the of shortage in miles; all are to existing Brown proposals. deletion of Channel 292A and its assign­ stations). 5. As the record has developed herein, ment to Eatontown on several grounds. 3. Gade and Drexel Hill in their peti­ the following uses of Channels 292A and First, it is asserted that the proposal tions both called attention to the serious 240A have been urged: would create different substandard spac­ short-separation and interference situa­ (a) The notice proposal, 292A for ings not existing at the present time, in tion existing with their stations operat­ Eatontown and 240A for Point Pleasant, derogation of the standards and the ing co-channel, and urged a shift in the supported by Gade and Drexel Hill (and “go-no-go” allocation approach. With Eatontown assignment, also asserting in part by others), and opposed by vari­ respect to Station WQAL-FM, Channel that the general short-spacing situation ous parties, including the licensee of Sta­ 291 at Philadelphia, it is argued that the will be improved (the details of these tion WQAL(FM), Philadelphia Chan­ increase in shortage from 3 to 5 miles assertions appear in the appendix table nel 291, on the ground of short spacing raises the question of a modification of below). Gade prefers Channel 292A be­ of 292A at Eatontown to it. license without the hearing required by cause, unlike 240A it would not involve (b) Retention of 292A at Red Bank, section 3i6 of the Act. It is said that be­ a new co-channel short separation. It for use in the Matawan area (as dis­ cause of the new engineering standards was pointed out that a Class A channel cussed in the notice) or at Lakewood for FM^atations it may not be possible to at Eatontown would provide a principal- (where it would be 11 miles short to assign an FM outlet to the “Bay Shore city signal over all of Red Bank, some 4 WQAL). Area” so that a transmission service for miles away, and Gade proposed to pro­ (c) Assignment of either 292A or 240 local expression will be denied the area. vide service to meet that community’s A (preferably the former) to Neptune, 1 In its reply comment» Monmouth states needs. Mrs. Brown urged the assign­ N.J., near Asbury Park, rather than that it wiU file for the facilities formerly au­ ment of Channel 240A to Point Pleasant making the Point Pleasant assignment or thorised to WFHA-FM if Channel 292A is as a means of affording a principal-city the assignments mentioned in (b) retained in Bed Bank. 1Wednesday, August 4, 1965 FEDERAL REGISTER 9689 Finally, Monmouth urges that the Com­ and asserts that Neptune is to be pre­ greater shortages. The use of this chan­ mission should not delete existing chan­ ferred since its population is greater nel at Neptune would have the same nel assignments except for the most than Matawan and adjacent Keyport adjacent channel shortage to Philadel­ compelling reasons. combined. Similarly it opposes the phia. Furthermore, these later proposals 9. Mid-State Broadcasting Co., pro­Lakewood proposal since it would involve are for new assignments and thus in spective applicant for a new FM station a 11-mile shortage to Philadelphia and direct violation of our rules. The Eaton­ at Lakewood, N.J., supports the assign­ would involve a shortage with the pro­ town proposal is a shift in frequency for ment of Channel 240A to Point Pleasant posal of SALT-TEE to use Channel 292A an existing short spaced station under since it would provide a much needed at Ocean City, N.J. the policy outlined in the overall FM rule service to that area without short spacing 12. On June 1, 1965 s George Voron making proceeding in Docket 14185. See problems, but opposes the deletion of Co., licensee of Station WQAL(FM) on Third Further Notice of Proposed Rule Channel 292A at Red Bank because it Channel 291 at Philadelphia, Pa. filed Making, FCC 64-70, paragraph 5 in this wishes to apply for its use at Lakewood Reply Comments in which it opposes the same docket. Channel 240A can be as­ under the “25-mile rule”. Mid-State assignment of Channel 292A to Eaton­ signed to Point Pleasant at standard submits that Monmouth and Ocean town or any other place unless it be spacings. The showings made in this Counties, with a combined population of conditioned upon the selection of a site proceeding include an area in which all over 440,000 people, need additional local which meets the required 65-mile sepa­ the separations can be met and from service and that it seeks a construction ration for first adjacent Class A and which the required signal can be placed permit for an FM station on Channel Class B stations. Since an arc of 65 over the community. This community 292A at Lakewood, N.J., a community miles from the WQAL transmitter loca­ (population 10,182) is of substantial size with a population of 16,020 persons. It tion and the appropriate arcs from other and is located in an area which does not contends that the Eatontown-Dover pertinent stations would fall in the At­ receive as much service as does the problem is one which the licensees must lantic Ocean, this objection amounts to greater part of Monmouth County. have considered when they received their an opposition to any use of Channel 292A 14. With respect to the Neptune alter­ grants and which the parties have lived in eastern New Jersey. Voron concedes native requests we believe that the as­ with for a long time. SALT-TEE Radio, that previously WFHA-FM operated on signments proposed in the notice are to Inc., filed an opposition to the proposed Channel 292A at a distance of 63 miles be preferred to assigning either channel assignment of Channel 292A to Lake- from WQAL but submits that since there to Neptune. Radio Neptune claims that wood since it would preclude the assign­ is no station operating on this channel Neptune, with a population of 21,487, is ment of this channel to Ocean City, N.J., at present, the Commission’s proposal is larger than Point Pleasant (10,182). as proposed by this party in RM-743 in for a new assignment at a short spacing However, there is some question as to Docket 16006. SALT-TEE submits that of 5 miles. As a result Voron argues the population of the community of Nep­ the distance between Lakewood and that it is entitled to a hearing under tune itself since the U.S. Census lists Ocean City is only 63 miles whereas the sections 309 and 316 of the Communica­ the population of the city of Neptune as required co-channel spacing required is tions Act. It argues that it is entitled only 4,013 and that of its township as 65 miles. to protection against interference em­ 21,487. Neptune is located about 1 mile 10. Jack R. McKenzie and Robertbodied in §§ 73.207, 73.208 and 73.209 of from Asbury Park, where a Class A sta­ Barry, doing business as Radio Neptune, the rules. tion is in operation. Further, under the prospective applicant for an FM station Conclusion “25-mile rule” Neptune could apply for in Neptune, N.J., support the proposal the use of Channel 240A in the event it to substitute an assignment for Channel 13. The chief issue to be resolved in is assigned to Point Pleasant. For all 288A at Eatontown but urge that either this proceeding is whether Channel 292A these reasons we are preferring the as­ 292A or 240A (preferably 292A) be made should be retained at Red Bank in order signments proposed in the notice. available to Neptune rather than Point that it can be available for Matawan or 15. As far as the assignment of Chan­ Pleasant. The first alternative would Lakewood, assigned to Neptune, or be nel 292A to Eatontown is concerned, the require that Channel 240A be assigned assigned to Eatontown to solve an exist­ objection of Voron we believe to be of to Eatontown. Radio Neptune urges ing short spacing problem. None of the little substance. At the present time that Neptune, with a population of parties oppose the assignment of Chan­ Channel 292A is assigned in the Table 21,4872 is more deserving of a first FM nel 240A to Point Pleasant except for of Assignments, § 73.202, to the com­ assignment than Point Pleasant, which Radio Neptune which says that this munity of Red Bank, N.J. The distance has a population of 10,182. With respect channel should be assigned to Neptune between this community and Station to the channel assignment requested for in the event the Commission assigns WQAL is 62 miles or 3 miles short of Neptune, this party submits that Chan­ Channel 292A to Eatontown. After care­ the required 65 miles. The station which nel 292A is to be preferred because the ful consideration of all the comments previously operated on this channel was area in which it may be employed is and data submitted in the proceeding we likewise 3 miles short. Our proposal much greater than that in which Chan­ conclude that the most effective use of would increase this by 2 miles in order nel 240A can be used. It concedes that the available channels in this area would to obtain an overall improvement in the a 5-mile shortage would result between be that proposed in the notice—the as­ allocations in eastern New Jersey. This its proposed site and that in WQAL(FM) signment of Channel 292A to Eatontown is not a new assignment in contraven­ at Philadelphia on Channel 291. With to replace the present assignment of tion of our rules but rather a shift of respect to the selection of a channel Channel 288A, and of Channel 240A at an existing assignment not in use to a« for Eatontown, Radio Neptune states standard spacings to Point Pleasant, N.J. proposed and meritorious use nearby, to that there is no material difference be­ While Channel 292A at Eatontown would alleviate a serious existing situation. tween Channels 240A and 292A since the not meet all the standard spacings, it WQAL is itself a short-spaced station total shortages are 15 miles for Chan­ represents a great overall improvement “grandfathered” in when the new FM nel 240A and 14 miles for Channel 292A. in the present spacings, would, remove a bad co-channel shortage with Dover N.J., rules and Table of Assignments were fo® event either Channel 240A or would permit an increase in service for adopted in the overall FM rule making 292A is assigned to either Neptune or both Stations. WHTG-FM at Eatontown in Docket 14185. It has a rather extreme Pleasant, Radio Neptune states and WDHA-FM at Dover, and would shortage with an adjacent channel sta­ fo^fot will file an application for the use tion in Newark (about 65 miles as against of the channel at Neptune. This it could serve the public interest. Any other use of this channel such as proposed for a required 105 miles) and this shortage uo under the “25-mile rule.” is in the same general direction/ As to f1' 111 rePJy to the proposal that Chan­ Matawan and Lakewood would result in nel 292A be retained at Red Bank in °t ~fr foat it be available for application 3 This pleading was filed one day late and 4 In reply to Voron, Gade argues that by a party which did not file direct com­ WQAIr-FM, since It is already short-spaced fh T*atowan* Radio Neptune points out ments. However, in view of the importance to Station WPAC-FM, Channel 291 at fnat this would represent no improve- of the allegations made and the fact that the Patchogue, N.Y. (over 25 m iles), is not en­ ment in the serious spacing shortages, party is one which may be considered to have titled to protection under § 73.207 of the an interest in this proceeding we are con­ rules but rather under § 73.213. Gade further U.S. Census reports Neptune City sidering its “Reply Comments.’’ We are also contends that Voron has submitted no facts with a Population of 4,013 and Nep- considering herein a late response to the indicating that WQAL-FM would suffer in­ une township with a population of 21,487. Voron reply comments filed by Harold Gade. terference to its actual protected service area. 9690 RULES AND REGULATIONS the Impact of the additional 2-mile tion WHTG-FM is modified to specify erage terrain, or equivalent, in the di­ shortage from Eatontown, this would be operation on Channel 292A in lieu of rection of Station WQAL, Philadelphia much less than the Red Bank station Channel 288A in Eatontown, N.J., sub­ Pa. would have been entitled to under § 73.213 ject to the following conditions: (d) The licensee may continue to op­ of our rules. Under these rules, which (a) The licensee shall inform the erate on Channel 288A until, upon its govern changes in facilities and sites for Commission in writing by August 20, request, the Commission authorizes in­ existing short-spaced stations, such a 1965, of its acceptance of this modifica­ terim operation on Channel 292A, follow­ Red Bank station could have moved an tion. ing which the licensee shall submit equal or greater amount closer to WQAL. (b) The licensee shall submit to the (within 30 days) the measurement data This is the situation which results from Commission by August 20,1965, the tech­ normally required of an applicant for an the substitution of Channel 292A for nical information normally required for FM broadcast station license. 288A at Eatontown. the issuance of a construction permit 20. It is further ordered, That the pro­ 16. With respect to Voron’s contentions for operation on Channel 292A, including ceeding is terminated. concerning hearing rights under sections the effective radiated power and antenna Adopted: July 28,1965. 309 and 316 of the Communications Act, height sought and any changes in an­ we note that any interference to the tenna and transmission line. Released: July 30,1965. signal of WQAL from an Eatontown op­ (c) All operation prior to 3 a.m., e.s.t., F ederal Communications eration with full Class A facilities would August 1,1966, shall be with radiation of Commission,® fall well outside of that station’s 1 mv/m no more than 1.8 kilowatts E.R.P. with [seal] B en F. Waple, contour (and largely in an area already an antenna height of 300 feet above av- Secretary. receiving Interference, as mentioned). It is clear, moreover, that with respect A p p e n d ix to any hearing rights which Voron might OPERATION 1 AND SHORTAGE (ROUNDED TO NEAREST MILE) have: (1) Such rights do not exist where the station complained of affords the Adjacency and 240A— 288A—Eatontown standard separation Point 240A—Eatontown 292A—Eatontown 292A—Red Bank * complaining station protection so that (miles) Pleasant (present) radiation toward it does not exceed that which would exist from a maximum- Cochannel (65) None___ Darien, Conn. (1). None__ . ... Mount Kisco, Dover, NJ. (18). facility station a t' standard spacings N.Y. (3). 1st adjacency (65)_ ...do»___ Philadelphia (1)_ Philadelphia (5)... Philadelphia (3)_ Philadelphia (1). (Capitol Broadcasting Co. v. FCC, 324 Patchogue, N.Y. F. 2d 402, 25 R.R. 2151 (1963)); and (2) (1). 2d adjacency (40)_ —.do._... New York City Newark, N.J. (7). Newark, N.J. (11). Newark, N.J. (7). any such rights end with the end of a (6). station’s license period (Transcontinent New York City New York City New York City New York City Television Corp. v. FCC, 308 P. 2d 339, (7). (2). (8). (6). 23 R.R. 2064 (1962); The Goodwill Sta­ tions, Inc. v. FCC, 325 P. ‘2d 637, 1 R.R. * For the Eatontown 288A and 292A operations, the figures shown above are those computed by Commission engi­ neers. The figures submitted by Gade are somewhat different. The differences in part result from the fact that the 2d 2040 (1963)). For reasons men­ Newark station mentioned has moved its site since the Gade petition was filed. The Gade petition also does not tioned, we find it in the public interest mention the shortage to Philadelphia with its present operation, and lists the New York and Philadelphia shortages on 292A as 6 and 4 instead of 2 and 5 miles, respectively. to assign Channel 292A to Eatontown, 1 The figures shown for Red Bank are for the former operation of Station WFHA-FM there (deleted in November for use by Station WHTG-FM, with full 19641. Jupiter Associates may he more interested in using the channel at Matawan. Class A facilities if it applies for them. *As originally proposed, the Point Pleasant request contemplated a shortage of 3.25 miles to Philadelphia. The However, in order to eliminate any ques­ amendment showed an area north of Point Pleasant wherein a site would meet separation requirements. tion concerning hearing rights, we will (Secs. 4,303,307, 316, 48 Stat. 1066,1082, 1083; 66 Stat. 717; 47 U.S.C. 154, 303, 307, 316) require that, until August 1, 1966 (the [F.R. Doc. 65-8181; Filed, Aug. 3,1965; 8:47 a.m.] expiration date of WQAL’s license), WHTG-FM radiate in the direction of WQAL no more than the equivalent of [Docket No. 15935; PCC 65-719] 3. RM-701: Kirksville, Mo. The No­ 1.8 kw E.RP. at an effective antenna tice, in response to the petition of Com­ height of 300 feet. This is the equivalent PART 73— RADIO BROADCAST munity Broadcasters, Inc., proposed to of the radiation of a full-facility Class A SERVICES assign Channel 233 to kirksville, Mo., station at standard separation of 65 Certain FM Broadcast Stations; Table population of 13,123. This community is miles, under the new FM propagation located in Adair County (population of curves proposed for adoption in Docket of Assignments 20,105).1 FM Channel 228A is assigned No. 16004. In the matter of amendment of to Kirksville. It is unlicensed and there 17. Authority for the adoption of the § 73.202 Table of assignments, FM Broad­ are no applications pending for its use. amendment contained herein is con­ cast Stations Kirksville, Mo., Rensselaer, AM Station KJRX is located in Kirks­ tained in sections 4(i), 303, 307(b), and Ind., Golden Meadow, La., Xenia, Ohio, ville and provides it with unlimited time 316 of the Communications Act of 1934, Atlantic, Iowa, Omaha and Lincoln, broadcast service.8 as amended. Nebr., Ralls and Lamesa, Tex., Skow- 4. Petitioner points out that Kirks­ 18. In view of the foregoing: It is or­ hegan, Maine, Park Rapids, Minn., ville is the largest community in Adair dered, That, effective September 7, 1965, Ukiah, Calif., Cincinnati, Ohio, Tasley, County, and that the nearest community the FM Table of Assignments, § 73.202 Va., Hamilton, Ala., Booneville and of comparable or greater size is 55 miles of the rules and regulations, is amended, Starkville, Miss., Savannah, Tenn., FCC distant. It further points out that Kirks­ insofar as the communities named are 65-719; Docket No. 15935, RM-701, RM- ville maintains a position of predomi­ concerned, as follows: 705, RM-711, RM-714, RM-715, RM- nance throughout the 9-county area of (a) Delete the entry for Red Bank, 721, RM-716, RM-717, RM-722, RM- 4,943 square miles with a population of N.J. 726, RM-728, RM-729. approximately 96,332 persons and that (b) Add the following entry under the 1. The Commission has before it for the area consists mostly of farms and State of New Jersey y consideration its Notice of Proposed Rule small towns. City Channel No. Making (FCC 65-276), published in the 5. In response to our request for spe­ Point Pleasant, N.J______240A F ederal R egister on April 8, 1965 <30 cific comment concerning the mixture of F.R. 4554), proposing a number of broad and limited coverage FM channels (c) Amend the entry for Eatontown, changes in the FM Table of Assignments. at Kirksville, petitioner points out that N.J., to read: This decision disposes of all petitions ex­ City Channel No. cept RM-721. 1 All population figures herein are those of Eatontown, N.J______292A 2. A number of formal and informal the 1960 U.S. Census. statements were filed in response to the * KIRX operates with only 250 watts n i g h t ­ 19. It is further ordered, That, effec­ proposals set out in the Notice. All duly time power. tive September 7, 1965, the outstanding filed documents “were considered in mak­ B Commissioner Hyde absent; C o m m i s ­ license held by Harold M. Gade for Sta­ ing the following determinations. sioner Lee not participating. Wednesday, August 4, 1965 FEDERAL REGISTER 9691 the limited coverage channel presently the only broadcast station in Wilmington. while the remainder are unapplied for. assigned to Kirksville has lain fallow 13. Both communities are significant If the proposal set out in our Notice up to this time due to the population to their adjacent areas, in that they were adopted, there would be no loss of distribution above described, that the are county seats, and hubs of political, service to Lincoln or Omaha, while area which looks to Kirksville as an governmental, social, and economic ac­ Atlantic would receive »a new service. economic and social hub is widespread tivities. Communities of this nature, we The adoption of the proposal would and that the nearest community of com­ agree, should have ample full-time local result, however, in the assignment of parable size is 55 miles distant. broadcast service. The assignment^of Channel 245 to Lincoln in place of Chan­ 6. The Commission is of the opinion, Channel 237A to Xenia will provide a nel 270. The Comhusker Television because of the above facts, that it is in second full-time service for it while early Corp., licensee of Channel 10 in Lincoln, the public interest in this case to make activation of a Channel 272A in Wilming­ although not objecting to the assignment an exception to our policy of assigning ton will bring that city a first full-time of an PM station in Atlantic, has voiced wide coverage channels only to large service.3 a vigorous opposition to the replacement urban areas, and to assign Channel 233 14. In view of all of the foregoing, we of Channel 270 with Channel 245 in to Kirksville. are of the view that it is in the public Lincoln citing its experience with a 7. RM-705: Rensselaer, Ind. RM-711: interest to assign Channel 237A to Xenia Channel 245 which at one time was as­ Golden Meadow, La. In response to the and Channel 272A to Wilmington. signed to Columbus, Nebr. An PM oper­ independent petitions of Jasper County 15. RM-715: Atlantic, Iowa. Nishna ation on Channel 245 presents the poten­ Broadcasting Corp., and John A. Egle Valley Broadcasting Corp., in its amend­ tial of severe second harmonic inter­ tr/as Little Eagle Broadcasting, our No­ ed petition, proposed the reassignment ference with the television picture on tice proposed to assign Channel 249A to of Channel 279 from Omaha, Nebr., to Channel 10. Comhusker has submitted Rensselaer and Channel 232A to Golden Atlantic, Iowa, and the replacement of information which indicates that a mini­ Meadow, respectively. Channel 279 in Omaha by the reassign­ mum of 25 percent of the area of the 8. The Jasper County Broadcasting ment of Channel 270 from Lincoln, Nebr., city of Lincoln would experience such Corp. submits that the population of to Omaha, while replacing Channel 270 interferenqe. Rensselaer (located in Jasper County, in Lincoln with Channel 245. Our No­ 18. In view of Atlantic’s need, the population of 18,842) is 4,740, that the tice set out the petitioner’s proposal and populations, the numbers and natures of community is the county seat, and that requested comments. the services available in Omaha and the community and county has no night­ 16. Atlantic, Iowa, with a population Lincoln, as well as the number of unused time broadcast service. Petitioner’s AM of 6,890, is located in Cass County, the FM assignments in those communities Station WRIN is a daytime-only population of which is 17,919. It’s only and the problems presented by the Com­ operation. broadcast facility is AM Station KJAN, husker Television Corp., the Commission 9. Mr. John A. Egle states that the a daytime-only operation. An examina­ is of the view that it is in the view that population of Golden Meadow is 3,097. tion of all of the information available it is in the public interest to reassign Being located in Lafourche Parish (popu­ convinces us of the need for a full-time Channel 279 from Omaha to Atlantic lation of 55,381), the town and area is service in Atlantic, its county, and the and to replace Channel 279 in Omaha subject to emergency conditions caused surrounding area. This southwestern by reassigning Channel 270 from Lincoln by hurricanes. Petitioner emphasizes portion of Iowa is, for the most part, to Omaha, but that it is not in the public that, at such times, the area is in par­ without PM assignments. Although interest at this time to replace Channel ticular need of a means of rapid dis­ Atlantic is a relatively small community, 270 with Channel 245 in Lincoln.4 semination of information, and that a it is sufficiently isolated to warrant a 19. RM-716: Ralls, Tex. KCLR, Inc., first full-time service can be easily sup­ wide-coverage channel. Such a wide- filed a petition with the Commission on ported. The only broadcast service exist­ coverage channel will aid the general January 21, 1965, requesting the as­ ing in the community is the petitioner’s area by providing a means of dissemina­ signment of a wide-coverage FM chan­ station KLEB, a daytime-only operation. tion of information concerning emer­ nel to Ralls (278C). We were of the 10. In light of the lack of full-time gencies, weather conditions and agricul­ view that under the circumstances pre­ local service, the availability of channels, tural news during the early morning and sented consideration should be given to and the interest expressed by both pe­ late nighttime periods. the possible assignment of a limited titioners, the Commission is of the view 17. The information available to us coverage FM channel to Ralls. Hence, that it is in the public interest to assign indicates that the proposal set out in the Notice proposed the assignment of Channel 249A to Rensselaer and Channel our Notice and paragraph 15 above, or Channel 252A to Ralls and the deletion 232A to Golden Meadow. some variation of it, is the only means of Channel 251 at Lamesa and its re­ 11. RM-714: Xenia, Ohio. Our Notice, of bringing Atlantic a full-time PM serv­ placement with Channel 284. KCLR in response to the petition of Greene In­ ice. Omaha (population 301,598, located submits that a Class A assignment would formation Center, Inc., proposed to as­ in Douglas County, the population of provide about the same coverage as that sign Channel 237A to Xenia, Ohio. Two which is 343,490) has six AM stations, of its AM station and that the only way counter proposals have been filed, the four of which are unlimited-time and in which it can provide service to the first by Community Communicators of two daytime-only. PM Channels 222, small towns and nearby counties which Ohio, Inc., and the second by Mr. David 231, 241, 253, 260, 264, 279 and 283, are rely on Ralls as a trade center and as a J. Kittel. Each counter proposal re­ assigned to the city with 222, 231, 241, source of sports and other programs is quested the assignment of Channel 237A and 260 being occupied, while a con­ by the use of a Class C channel. to Wilmington, Ohio instead of Xenia struction permit BPH-4296 has been 20. Ralls is a small community of only stating that Wilmington had no PM as­ granted for 264. Lincoln, Nebr., a com­ 2,229 population and is located in a signment at this time. In order to re­ munity of 128,521 persons, is located county which has only 10,347 people. move the conflict, Greene Information in Lancaster County, the population It is located only about 27 miles from Center, Inc., and Community Communi­ of which is 155,272. There are three the city of Lubbock, which has been cators of Ohio, Inc., jointly propose that unlimited-time AM stations in Lincoln assigned six Class C assignments, two Channel 272A be assigned to Wilming­ with a construction permit, BP-15083, of which are in operation. Ralls is ton and that Channel 237A be assigned pending for an additional daytime-only therefore not the type of community to Xenia. operation. PM Channels 237A, 270, 274, 12. Xenia, a community of 20,445, is which merits an exception to our general 292A and 297 are assigned to the city. policy of assigning Class A channels to located in Greene County (population 237A and 292A are licensed and an ap­ 94,542). it has two existing aural serv­ small communities and class B or C ices, AM Station WGIC, a daytime-only plication has been filed for Channel operation as well as an PM operation 274 by the permittee of Channel 292A, 4 It should be noted that two PM channels on Channel 280. There is an application will remain for future applicants in Lincoln. 3 Both assignments conform to our rules. In view of this, we expect no immediate de­ Pending for an AM construction permit, It will be necessary, however, for the trans­ mand for a fifth assignment to Lincoln. Our fo ^68- Wilmington has a population mitters of each assignment to be located refusal to assign Channel 245 at this time, ot 8,915 and is the county seat of Clinton a short distance from their respective com­ of course, in no way prejudices our future M which has a population of 30,304. munities, about 4 miles in the case of Xenia examination of assignment proposals con­ WMWM(AM), a daytime-only station, is and 6 miles in the case of Wilmington. cerning this channel. No. 149------4 9692 RULES AND REGULATIONS channels to large cities or metropolitan 26. Park Rapids, a community of 3,047 32. The Commission stated in the areas. In the past we have made such persons, is located in Hubbard County, Fourth Report and Order (FCC 64-919) exceptions in situations where the small the population of which is 9,962. At the Issued on October 9, 1964, Docket 14185, community was far removed from any present time, there are no FM channels “•that with respect to short spaced sta­ large city or metropolitan area -and assigned to the community and there is tions which turn in their licenses, the ac­ where the surrounding area was largely only one AM Station (KRPM), an un­ tion we take will depend on the number rural in nature. In this case it is ex­ limited-time operation. Petitioner states, of assignments in the area, the need for pected that wide-area coverage will be that “There is no FM channel assigned assignments elsewhere, and the shortage provided by the Class C assignments in to Park Rapids or to any community involved.” While 502,550 persons live in Lubbock and that a Class A assignment within twenty-five miles thereof. This Cincinnati, 864,121 persons live in the would meet the local needs of such constitutes a large under-served area ob­ county—Hamilton. Channels 223, 227, nearby small communities as Ralls. viously in need of an additional FM 231, 253, 270, 286, and 215* are all op­ Other communities in the general area service.” While demonstrating the facts erating in the community, while Chan­ which are larger than Ralls, such as that the Park Rapids area is isolated and nels 274, and 282 are unapplied for. Slaton and Floydada, have been assigned that the community is a natural political, Nearby Hamilton has three Class B as­ Class A channels also. economic, and social hub (it is the county signments. There are six unlimited­ 21. Hence, we are of the view that it seat) petitioner states, “In the case of an time AM stations and one daytime-only Is in the public interest to assign Chan­ isolated community like Park Rapids, also located in Cincinnati. Portsmouth, nel 252A rather than Channel 278 to located in the very midst of a large area a town of 33,637 persons is located in Ralls,s so as to provide that community without any FM stations, only a Class C Scioto County, the population of which with a needed first full-time local channel would provide enough power to is 84,216. It has two FM channels as­ service. bring new service to all who need it in signed to it, 257A and petitioner’s station 22. RM-717: Skowhegan, Maine. The the surrounding areas.” on Channel 281. In addition, there are Notice, in response to the request of 27. We agree with petitioner that in two unlimited-time AM stations located Community Broadcasting Service, li­ this instance the circumstances indicate there. Any station attempting to operate censee of FM Station WABI-FM (Chan­ the assignment of a wide-coverage FM on Channel 282 in Cincinnati would have nel 246) Bangor, Maine, proposed the channel and are of the opinion that it is the following short spacings: substitution of Channel 296A for Chan­ in the public interest to assign Channel WPAY-FM, Channel 281, Portsmouth, Ohio, nel 244A at Skowhegan. 279 to that community. 86 mUes Instead of required 135. 23. Petitioner is desirous of improving 28. RM-726: Ukiah, Calif. On Febru­ WMTJN, Channel 281, Muncie, Ind., 86 mil« its FM service at Bangor. In order to ary 9,1965, Woodrow W. White and John instead of 105 miles. do this, it proposes to shift its FM trans­ Oliveira, d/b as J & W Broadcasters, ap­ WAJC, Channel 283, Indianapolis, Ind., 103 mitter from its present site to a site plicant for a new FM station on Channel miles instead of 105 miles. somewhat nearer Skowhegan to be used 228A at Ukiah, filed a petition seeking the 33. We are of the view that Cincinnati jointly by its proposed FM station and assignment of a second Class A channel will have adequate service a^d service po­ by its TV station (WABI-TV) as well. (232A) to Ukiah. Our Notice responded tential even though Channel 282 is de­ The proposed location would provide a to that petition by setting out the re­ leted, and that Portsmouth’s one FM separation of only 31.7 miles from ad­ quested proposal. service should be given an opportunity jacent Channel 244A presently assigned 29. Ukiah, the largest city and county to further develop. These considera­ to Skowhegan. Our rules, in this in­ seat in Mendocino County (population tions along with the serious short spacing stance, require a minimum mileage sep­ 51,059) is a community of 9,900 persons. problems confronting Channel 282, per­ aration of 40 miles. Channel 244A is the At the present time, Ukiah is served by suades us that it is in the public interest only FM channel assigned to Skowhegan two AM stations: KMSL, a daytime-only to delete Channel 282 from Cincinnati. (population 6,667). It is unoccupied station and KUKI, an unlimited-time op­ 34. RM-722: Tasley, Va. Our Notice, and unapplied for. An engineering eration. Channel 228A is the only FM in response to the petition of Accomack- study indicates that it can be replaced channel assigned to the community. Northampton Broadcasting Co., Inc., with Channel 296A without disturbing There are two applications pending for proposed to assign Channel 277 to any other assignment. its use. The first by petitioner, J & W Tasley, Va. 24. In view of the facts that the pro­ Broadcasters, BPH-4667, and the second 35. Tasley, a community of 742 people, posed substitution will permit improve­ by Daniel S. Cubberly, BPH-4771. These Is located in one of two counties of ment in services in the existing Bangor mutually exclusive applications will re­ Virginia occupying the Eastern Shore station, that the shift in transmitter quire a long and expensive hearing which Peninsula, Accomack, the population of sites of the Bangor station has been ap­ will delay FM service to the com m unity which is 30,635. Petitioner has supplied proved by the Federal Aeronautics Ad­ and result in the inability of one appli­ us with a great deal of detail in respect ministration, and that Skowhegan will cant, desirous of doinjg so, to bring an to the economics and sociology of Tasley retain its present FM potential, we are FM service to Ukiah. The assignment of and the peninsula. Tasley has no FM of the opinion that it is in the public an additional Class A channel to this sub­ assignment and its only broadcast serv­ interest to replace Channel 244A with stantial community will provide Ukiah ice is AM Station WESR, a daytime-only Channel 296A in Skowhegan. An in­ and the surrounding area in the near operation. Petitioner points out that its formal objection to the proposed shift future, not only with an additional FM community is “approximately 25 miles was filed by Kennebec Valley Broadcast­ service, but with a choice of FM from the nearest FM assignment (Poco- ing System, Inc., prospective applicant programming. moke City, Md.) and that the nearest for a new FM station at Skowhegan, 30. In view of the foregoing, we are of Class B FM assignments are both over 50 but no substantive showing was made the opinion that it is in the public in­ miles from Tasley (Ocean City, Md., and that the public interest would not be terest to assign Channel 232A to Ukiah. Norfolk, Va.).” The Eastern Shore served by the proposed change in assign­ 31. RM-728: Cincinnati, Ohio. Peti­ Peninsula is isolated in the physical, ments. tioner, Radio Station WPAY, Inc., is sociological and economic sense being 25. RM-722: Park Rapids, Minn. In licensee of WPAY-FM, Channel 281, lo­ separated from the mainland of Virginia response to the request of De La Hunt cated in Portsmouth, Ohio. It is desirous by the Chesapeake Bay. of improving its service to Portsmouth 36. In light of the rural makeup of the Broadcasting Corp., our Notice proposed Eastern Shore Peninsula, the isolation of to assign wide-coverage Channel 279 to and its environs. In order to do this, petitioner is requesting an increase in its this area, petitioner’s interest in bring­ Park Rapids. ing an additional service to Tasley and Station’s effective radiated power. The its environs, the lack of early morning 6 This assignment required the removal of location of Channel 282 in Cincinnati (an and nighttime local service in the region, Channel 251 from Lamesa (Channel 251 in unoccupied channel with short spacing and the availability of Channel 277, we Lamesa at the present time, is short-spaced problems), presents an obstacle. Hence, to Channel 250 at Odessa, Tex. It is un­ are of the opinion, it is in the public occupied and unapplied for). We, herein, petitioner requested, and our Notice pro­ interest to assign Channel 277 to Tasley. replace Channel 251 with Channel 284 in posed, the removal of that channel from 37. Authority for the amendment that community. Cincinnati. adopted herein, is contained in sections Wednesday, August 4, 1965 FEDERAL REGISTER 9693 4(1), 303, and 307(b) of the Communica­ tion of Channel 2 at Little Rock, AETC that basic to this philosophy were two tions Act of 1934, as amended. proposed in its comments that Channel 9 principles: (1) That UHF development 38. In view of the foregoing: It isbe reserved not in Hot Springs, but in is not to be fostered by withholding VHF ordered, That effective September 7, two locations near Jonesboro and Arka- channels from use; and (2) that UHF 1965, § 73.202 of the Commission's rules, delphia. AETC points out that such al­ development is not to be thwarted by the Table of PM Assignments, is amend­ locations would, in conjunction with the using VHF in a manner inconsistent with ed to read, with respect to the com­ presently reserved Channel 13 in Fay­ the basic engineering rules. munities listed, as follows : etteville and Little Rock’s Channel 2, give 5. In its reply comments KWHN points State and City Channel No. Arkansas an educational network of four out that of all the comments filed in the California: VHF stations covering some 78 percent of proceeding only those of KWHN ad­ Ukiah______s______228A, 232A the State. American supports the pro­ dressed themselves to the proposal put Indiana: posals of AETC. forth in the Notice of Proposed Rule Rensselaer------249A 3. KWHN urges the reassignment of Making. It therefore urges that the Iowa: Channel 9 to Fort Smith as a commercial AETC comments be disregarded. But Atlantic------279 station, arguing that need for competi­ even if considered, the AETC proposal Louisiana: tive television in the growing city of should not be adopted, it is argued, be­ Golden Meadow------232A cause of the adjacent channel problem Maine: Fort Smith is greater than that for a Skowhegan — ------296A reserved channel in Hot Springs, par­ in Jonesboro, the necessity of short spac­ Minnesota: ticularly since the Hot Springs area will ing between Arkadelphia and Jonesboro, Park Rapids—------— ------.------279 receive noncommercial educational serv­ and also because the need for educational Missouri: ice from the proposed Channel 2 in television in Arkansas as expressed in the Kirksville ______228A,Little 233 Rock. Furthermore, KWHN ar­ AETC comments is largely one of need by Nebraska: gues that the future development of educational institutions which can be Lincoln ______;_ 237A, 274,292A, 297 UHF would not be significantly affected fully met by UHF reservations. Omaha______222, by the assignment of Channel 9 to Fort 6. KTBS asks that Channel 9 be left in 231, 241, 253, 260, 264, 270, 283 Hot Springs as a commercial allocation, Ohio: Smith since the existence of a dominant Cincinnati ___ 1______223, VHF station in a market of this size stating that if it is, KTBS will apply for 227, 231, 253,270, 274, 286 would preclude in any case the develop­ a permit for the channel and operate it Wilmington______272A ment of UHF until it becomes truly com­ as a satellite to its KTBS-TV Shreveport, X enia______237A, 280 petitive with VHF. When and if that La. It also assures the Commission that Texas: day comes, KWHN argues, the existence it will introduce local live service at the Lamesa______262,284 of a second VHF station in Fort Smith earliest possible time. The request to Ralls ______252A would not prevent the introduction of a leave Channel 9 unchanged in Hot Virginia: Springs is reiterated by the Hot Springs Tasley______277 UHF station and in the meantime Fort Smith will during the intervening period Chamber of Commerce in late filed Reply (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. have competitive television service which Comments which cite the need for local 154. Interpret or apply secs. 303, 307, 48 Stat. is greatly needed in the community. On service in Hot Springs. 1082,1083; 47 U.S.C. 303, 307) the other hand AETC points out that 7. AETC in its reply comments objects Adopted: July 28,1965. the Commission’s allocation criteria to what it feels is a suggestion in the KWHN comments that AETC, in seeking Released : July 30,1965. under section 307 (b) of the Communica­ tions Act would be better satisfied by the the reservation of Channel 9 for educa­ F ederal Communications AETC proposal which would bring a tional use, had been manipulated by Mr. Commission,* first local service to Arkadelphia and a Reynolds, president of American, whose [seal] Ben P. W aple, second local service to Jonesboro than sole desire was to preverit competitive Secretary. they would by the KWHN proposal which television from being established in Fort Smith. AETC assures the Commission [PR. Doc. 65-8182; Piled, Aug. 3, 1965; would only bring a second local service to 8:47 am.] Fort Smith. that this was not the case and that AETC 4. Reply comments were filed by members are persons of high standing Maximum Service Telecasters (MST), whose sole desire is the effectuation of [Dockets Nos. 15691, RM-506, RM-448; PCC KWHN, KTBS, Inc., licensee of television educational television in the State of 65-730] Arkansas. In addition, American, in its station KTBS TV, Shreveport, La., and previously filed Statement Concerning PART 73— RADIO BROADCAST AETC. MST and KWHN, in addition Petition for Rule Making and again in its SERVICES to pointing out that the Channel 9 pro­ posals of AETC would require short spac- comments on the Notice, clearly indicates Television Broadcast Stations, Hot that its primary interest is in making ings also point out that the Channel 9 possible the early development of educa­ Springs and Fort Smith, Ark., Table Jonesboro assignment would involve the tional television in Arkansas. This pur­ of Assignments barest minimum adjacent Channel sep­ arations for Channel 9 and Channel 8 pose is further confirmed in affidavits 1. The Commission has before it for which is already assigned to Jonesboro. attached to the Statement, in which Mr. consideration its notice of proposed rule MST asserts that such an assignment Reynolds and Mr. John Whitt, an em­ making, adopted November 4,1964 (FCC- would conflict with the Commission’s ployee of American, describe the com­ 64-1023), which invited comments on al­ policy as expressed in Channel Assign­ pany’s interest in promoting educational ternative proposals for the assignment of ments in San Francisco and Sacramento, television in Arkansas and the grant of Channel 9, Hot Springs, Ark., and the 22 R.R. 1519, 1525 (1961). MST also $100,000 by the Donald W. Reynolds comments submitted in response to the points out that any assignment of Chan­ Foundation, Inc., to AETC which would notice. The alternative proposals were nel 9 to Fort Smith should specify a aid in the acquisition of the Hot Springs (1) the reassignment of Channel 9 from transmitter location some 16 miles east Channel 9 facilities and thus make pos­ Hot Springs, Ark., to Fort Smith, Ark., of Fort Smith in order to avoid a short sible the acceleration of AETC’s plans for &nd (2) the reservation of Channel 9 for spacing with the co-channel Station inauguration of the State’s first educa­ educational use in Hot Springs, Ark. KWTV, Oklahoma City. Finally, MST tional TV service. 2. Comments were filed by the Arkan- argues that use of VHF channels con­ 8. A review of the comments and re­ ^Educational Television Commission sistent with all established engineering ply comments filed in this proceeding (AETC), American Television Co., Inc. standards should not be prohibited on reveals weaknesses in all of the proposals (American), and KWHN Broadcasting the ground of adverse impact on future put forward. Although the Commission Co., Inc. (KWHN). Apparently in re­ UHF development. MST assets that the is sympathetic to the desire for com­ sponse to the Commission’s expression of philosophy underlying the all-channel petitive television in Fort Smith, we do nterest in the role to be played by an receiver legislation was that the public not feel that we can adopt a short sighted educational Channel 9 at Hot Springs in interest required an 82-channel tele­ approach to thp problem oL satisfying Vfew of the planned educational opera- vision system using VHF and UHF chan­ the area’s immediate need for an addi­ nels side by side with each other in the tional local television outlet, in a way that Commissioner Hyde absent. same communities and areas. It asserts would seriously hinder the development 9694 RULES AND REGULATIONS of UHF television services which will govern hunting on wildlife refuge areas eventually be needed to fill the area’s Title 50— WILDLIFE AND generally, which are set forth in Title 50, growing demands. Fort Smith’s need Code of Federal Regulations, Part 32, for additional television service can and FISHERIES and are effective through December 31, will be met by UHF stations. At the 1965. same time although we are impressed Chapter I— Bureau of Sport Fisheries W. P. S chaefer, with Arkansas’ need for additional edu­ and Wildlife, Fish and Wildlife Acting Regional Director, cational television facilities in the VHF Service, Department of the Interior Bureau of Sport Fisheries and Wildlife. band, we do not favor a short spacing of [FJR. Doc. 65-8155; Filed, Aug. 3, 1965; VHF channels. Nor, in view of past ex­ PART 32— HUNTING 8:45 ajn.] perience, would we favor retaining Chan­ nel 9 as a commercial assignment to Hot Crescent Lake National Wildlife Springs. Furthermore, the use of such Refuge, Nebr. an assignment as a satellite would not be PART 32— HUNTING The following special regulation is is­ justified where alternatives exist which Snake Creek National Wildlife would make full use of the channel. We sued and is effective on date of publica­ have decided therefore that the only ac­ tion in the F ederal R egister. Refuge, N. Dak. tion required at this time is the reassign­ § 32.32 Special regulations; big game; The following special regulation is is­ ment of Channel 9 as an educational sta­ for individual wildlife refuge areas. sued and is effective on date of publica­ tion to Arkadelphia, Ark., which gives tion in the F ederal R egister. AETC a needed additional VHF educa­ N ebraska tional service. Although this assign­ § 32.32 Special regulations; big game; ment was not one of the alternatives in CRESCENT LAKE NATIONAL WILDLIFE REFUGE for individual wildlife refuge areasr the Commission’s notice of rule making Public hunting of deer and antelope on N orth D akota it was proposed in the comments filed and the Crescent Lake National Wildlife Ref­ all of the parties to the proceeding have uge, Nebr., is permitted only on the area SNAKE CREEK NATIONAL WILDLIFE REFUGE had the opportunity of filing reply com­ designated by signs as open to hunting. ments with- regard to it. None have This open area, comprising 20,000 acres, Public hunting of antelope on the objected, per se, to this assignment. is delineated on maps available at refuge Snake Creek National Wildlife Refuge, 9. In view of the above the Commis­ headquarters, Ellsworth, Nebr., and from N. Dak., is permitted only on the area sion is of the opinion that the public in­ the office of the Regional Director, Bu­ designated by signs as open to hunting. terest would be served by the assignment reau of Sport Fisheries and Wildlife, This open area, comprising 13,837 acres, of Channel 9 to Arkadelphia, Ark., and 1006 West Lake Street, Minneapolis, is delineated on a map available at the its reservation for noncommercial educa­ Minn., 55408. Hunting shall be in ac­ refuge headquarters and from the Re­ tional use. cordance with all applicable State regu­ gional Director, Bureau of Sport Fish­ 10. Authority for the amendment lations covering the hunting of deer and eries and Wildlife, 1006 West Lake Street, adopted herein is contained in sections antelope subject to the following special Minneapolis, Minn., 55408. Hunting 4(i), 303, and 307(b) of the Communica­ conditions: shall be in accordance with all applicable tions Act of 1934, as amended. (1) Open seasons for deer are as fol­ State regulations covering the hunting 11. In view of the foregoing: It is lows: of antelope subject to the following ordered, That effective September 7,1965, a. Archery Season—Hunting will be special conditions: the Table of Assignments contained in permitted from one-half hour before (1) Hunting is permitted from 12:00 § 73.606 of the rules and regulations is sunrise to one-half hour after sunset, noon to sunset on September 17, 1965, amended, insofar as the communities September 18,1965 through November 5, and from one-half hour before sunrise to named are concerned, as follows: 1965 and from November 15, 1965 sunset daily September 18 through Sep­ Channel through December 31,1965. tember 26,1965. City No. b. Firearm Season—Hunting will be (2) Special permits are required in Hot Springs, Ark------*43, 66 permitted from one-half hour before State Antelope Unit 3 in which the Snake ATkadelphia, Ark______*9+ sunrise to one-half hour after sunset, Creek National Wildlife Refuge is lo­ November 6, 1965 through November 14, cated. Applications for such special li­ And it is further ordered, That this pro­ censes must be made to the State Game ceeding is terminated. 1965. (2) Open season for antelope is as and Fish Department, Bismarck, N. Dak. (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. (3) Vehicular travel including the use 154. Interpret or apply secs. 303, 307, 48 follows: Hunting will be permitted with Stat. 1082, 1083; 47 U.S.O. 303, 307) firearms from one-half hour before sun­ of boats is prohibited on the refuge. rise to one-half hour after sunset, Sep­ The provisions of this special regula­ Adopted: July 28, 1965. tember 18, 1965, through September 21, tion supplement the regulation which Released: July 30, 1965. 1965. govern hunting on wildlife refuge areas generally which are set forth in Title 50, F ederal Communications (3) Hunters will park their vehicles in designated parking areas and will hunt Code of Federal Regulations, Part 32, ana Commission,1 are effective through September 26,1965. [seal] B en F. W aple, on foot during the period from Septem­ Secretary. ber 18, 1965, through November 5, 1965. W. P. S chaefer, Four-wheel drive vehicles will be allowed Acting Regional Director. [FJt. Doc. 65-8183; Filed, Aug. 3, 1965; in the hunting area from November 6, 8:47 am.] 1965, through December 31,1965. J uly 27,1965. i Commissioner Hyde absent; Commission­ The provisions of this special regula­ [F.R. Doc. 65-8156; Filed, Aug. 3, 1695; ers Bartley and Wadsworth dissenting. tion supplement the regulations which 8:45 a.m.] briefs or comments shall be furnished POST OFFICE DEPARTMENT FEDERAL COMMUNICATIONS the Commission. [ 39 CFR Part 22 1 Adopted: July 28, 1965. COMMISSION Released: July 30, 1965. QUALIFICATIONS FOR SECOND- [ 47 CFR Parts 2, 87 1 F ederal Communications CLASS PRIVILEGES Commission,1 [Docket No. 16148; FCC 65-6971 Notice of Proposed Rulemaking [seal] B en F. W aple, CERTAIN CIVIL AIR PATROL VHF Secretary. Notice is hereby given of proposed rulemaking consisting of a proposed FREQUENCIES I. Part 2 is amended as follows: revision of subdivision (ii) of paragraph Notice of Proposed Rule Making § 2.106 [Amended] (b) (8) of § 22.2 of Title 39, Code of Fed­ In § 2.106, the frequencies 143.91 and eral Regulations, which describes the 1. Notice is hereby given of proposed 148.14 Mc/s in column 10, opposite the characteristics of publications which rule making in the above-entitled matter. frequency bands 138-144 Mc/s and 148- may qualify as mail matter of the sec­ 2. The Commission has been re­ 149.9 Mc/s in column 5, are amended to ond class. Subdivision (ii) provides quested, by letter dated February 15, read 143.90 and 148.15, respectively: and standards by which it can be determined 1965, from the Department of the Air footnote US10 is amended to read as that a subscriber is paying only a nomi­ Force, to amend its Rules and Regula­ follows: nal rate for the publication. The pro­ tions with respect to the two Very High Frequencies available for use by the US10 The use of frequencies 26.62 Mc/s (in posed amendment would make it clear all areas), 143.90 Mc/s (in the continental that the basis for making the determina­ Civil Air Patrol (CAP). Because the United States excluding Alaska), and 148.15 tion is the rate for a subscription for a Air Force, which is the sponsoring agent Mc/s (In all areas) may be authorized to single copy of the publication. Members for the CAP, has had developed and is Civil Air Patrol land stations and Civil Air of the public who wish to present written now in the process of installing where Patrol mobile stations on the condition that data, views or arguments concerning the appropriate, new equipment which is harmful interference will not be caused to proposed amendment, may do so by filing capable of being tuned in increments of Government stations. them with the Director, Classification 50 kc/s only, a change in authorized n . Part 87 is amended as follows: and Special Services Division, Bureau frequencies appears necessary. In § 87.513, paragraphs (h) and (i) of Operations, Post Office Department, 3. Specifically, the proposed amend­ are amended to read as follows: Washington, D.C., 20260, at any time ments involve changing the available prior to the 30th day following the date frequencies from 143.91 and 148.14 Mc/s § 87.513 Frequencies available. of publication in the Federal R egister. to 143.90 and 148.15 Mc/s, respectively. * * * * * The proposed § 22.2(b) (8) (ii> reads as Although the frequencies are in the (h) 143.90 Mc/s, Al, A2, A3 emission, follows: bands 138-144 Mc/s and 148-149.9 Mc/s, 10 watts maximum power. Assignment both of which are allocated exclusively § 22.2 Qualifications for second-class of this frequency is limited to stations privileges. to Government services, and affected in the continental United States (exclud­ Government services have concurred in ing Alaska). ♦ * * * * the proposal, the frequency adjustments (i) 148.15 Mc/s, A2, A3 emission, 50 (b) Basic qualifications. * * * requested appear to generate an impact watts maximum power. upon members of the CAP sufficient to (8) Nominal rate publications. Pub­ [F.R. Doc. 65-8184; Filed, Aug. 3, 1965; lications designed primarily for circu­ warrant affording an opportunity for 8:47 a.m.] lation at nominal rates may not qualify their comment, particularly since the Air for second-class privileges. They in­ Force has requested the change to be­ clude those for which subscriptions are come effective on October 1, 1965. The [ 47 CFR Part 73 1 sold. specific rule changes proposed are con­ [Docket No. 16154, RM-747; FCC 65-722] * * * * * tained in the Appendix. 4. Pursuant to applicable procedures CERTAIN FM BROADCAST STATIONS (ii) At a reduction to the subscriber, set forth in § 1.415 of the Commission’s IN NORTH CAROLINA under a premium offer or any other rules, interested persons may file com­ arrangements, of more than 50 percent ments on or before September 7, 1965, Table of Assignments of the regular advertised annual sub­ and reply comments on or before Sep­ scription price for a single copy of each tember 17,1965. All relevant and timely 1. Notice is hereby given of proposed issue. The value of a premium is con­ filed comments and reply comments will rule making in the above-entitled matter. sidered to be its actual cost to the pub­ be considered by the Commission before 2. The Commission has before it for lisher, the recognized retail value, or final action is taken in this proceeding. consideration a petition for rule making, the represented value, whichever is In reaching its decision in this proceed­ filed March 22, 1965 by North Carolina highest. ing, the Commission may also take into Central Broadcasters, Inc., licensee of Station WCKB(AM), Dunn, N.C., which * * * * ' * consideration other pertinent informa­ tion before it, in addition to the specific requests the assignment of Class A Chan­ Note: The corresponding Postal Manual nel 276A to Dunn for a first FM assign­ section is 132.228(b). comments invited herein. 5. Authority for the proposals set forth ment by changing FM assignments in six (R.S. 161, as amended; 5 U.S.C. 22, 39 U.S.C. other eastern North Carolina communi­ herein is contained in section 303 of the ties. Petitioner’s proposal requires the 501, 4351-4370) Communications A c t of 1934, as Harvey H. Hannah, substitution of Class A assignments for amended. Class C assignments at Goldsboro (272A Acting General Counsel. 6. In accordance with the provisions for 274) and Washington (252A for 270); [PR. Doc. 65-8163; Piled, Aug. 3, 1965; of § 1.419 of the Commission’s rules, an 8:45 a.m.] original and 14 copies of all statements, 1 Commissioner Hyde absent. 9695 9696 PROPOSED RULE MAKING a change in the Class A assignment at even though it would entail mixing Class [ 47 CFR Part 73 3 New Bern (249A for 252A ); and the sub­ A and C assignments at Goldsboro and stitution of a Class C assignment for a Washington, a situation we have tried to [Docket No. 16153, RM-774; FCC 65-720] Class A assignment at Beaufort (270 for avoid in the interest of making condi­ 249A), which is also proposed as a hy­ tions for competitive equality between FM BROADCAST STATIONS, phenated Beaufort-Morehead City as­ stations as great as possible. PASCAGOULA, MISS. signment. A third Class C assignment is 5. Goldsboro, with a population of also proposed for Wilmington (274)* 28,873, has a local FM station, operating Table of Assignments The proposal would amend the FM Table on Class C Channel 245, plus three local 1. The Commission has before it for of Assignments as follows: AM stations, one, an unlimited-time sta­ consideration a petition filed on April 27, tion, and the other two, daytime-only 1965 by Crest Broadcasting Co., Inc., li­ Channel No. stations. Washington, with a popula­ censee of Station WPMP-FM on Channel City tion of 9,939, also has a local FM sta­ 255, Pascagoula, Miss., requesting rule tion, operating on Class C Channel 227, making to substitute Channel 256 for Present Proposed and, in addition, two local AM stations, Channel 255 at Pascagoula, Miss. Peti­ one, an unlimited-time station, and the tioner also filed on April 27, 1965, a peti­ Dunn, N .C ______276A Goldsboro, N .C ______„ 245, 274 245, 272A other, a daytime-only station. Beaufort tion requesting that it be ordered to show Washington, N.C 227, 270 227, 252A and nearby Morehead City, to which it cause why its license for Station WPMP- New Bern, N.C 252A 249A Beaufort, N .C ______249A is proposed to assign a first Class C as­ FM should not be modified to specify op­ Morehead City, N.C 240A 240A signment jointly, have populations of eration on Channel 256 in lieu of Channel Beaufort-Morehead City, 2,922 and 5,583 respectively. Both com­ N.C ____ 270 255. Wilmington, N .C ______247,200,265A 247,260,265A, munities have a local AM station; the 2. Crest states that since the start of 274 one in Beaufort, an unlimited-time sta­ operations on program test authority on tion, and the Morehead City station, a December 15, 1964, Station WPMP-FM 3. None of the assignments proposed daytime-only facility. Wilmington, with has received complaints that its signal to be changed are occupied. Except for a population of 44,013, has four local caused interference to the audio recep­ the Goldsboro Channel 274 and New Bern AM stations, two of them unlimited-time tion of Station WALA-TV, Mobile, Ala. Channel 252A assignments, there are stations and the other two, daytime-only Is is alleged that the strong FM signal also no applications on file. The pend­ stations. One of the two Wilmington was “blanketing” the television receivers ing application for the Goldsboro Class Class C FM assignments^—Channel 260— in the immediate area of the WPMP-FM C assignment (filed February 26, 1965, is occupied by a station at Burgaw, N.C., transmitter and causing an image to be BPH-4834) and that for the New Bern over 20 miles distant, which commenced generated within the receivers on the Class A assignment for use at Bridgeton, operation last December. Two appli­ second harmonic of WPMP-FM and cap­ N.C. (filed on June 3, 1965, BPH-4983) cations are pending for the other Wil­ turing the audio in the television receiv­ would require amendment in the event mington Class C assignment (Channel ers. At petitioner’s request, the Com­ the petitioner’s proposal is adopted. 247). No applications have yet been mission, on March 15, 1965, granted 4. From petitioner’s showing, it ap­ filed for the Wilmington Class A assign­ special temporary authority to operate pears that the assignment of Channel ment (265A), assigned by our Report and on Channel 256 in order to determine 276A to Dunn by the method proposed Order, adopted April 21, 1965, in Docket whether such operation would eliminate would conform with minimum mileage No. 15716, in response to the request of the interference. On April 15, 1965, the separation requirements and, by pro­ a prospective applicant. STA waA extended to July 15, 1965. viding Dunn with a first FM assignment, 6. In the light of the foregoing, the Crest states that there has been no in­ make possible a first local nighttime Commission is of the view that rule mak­ terference since it began operations on radio service there without depriving any ing should be instituted to afford in­ Channel 256. • other community of an occupied FM terested parties an opportunity to com­ 3. On several occasions we have said channel or assignment.1 Dunn, the ment on petitioner’s proposal. that in our view the interference de­ largest community in Harnett County 7.. Authority for the adoption of the scribed in the above petition is basically with a population of 7,566, currently re­ amendments proposed herein is con­ a problem of transmitter and receiver ceives local radio service only from peti­ tained in sections 4 (i) and (j), 303, and design and ordinarily not a factor in the tioner’s daytime-only station (WCKB). 307(b) of the Communications Act of assignment of FM channels. In the past, While the proposal entails replacing 1934, as amended. however; we have made changes in as­ Class C assignments at Goldsboro and 8. Pursuant to applicable procedures signments where a simple solution to the Washington with Class A assignments, set out in section 1.415 of the Commis­ problem was found to be acceptable to all petitioner urges that it would provide sion’s rules and regulations, interested parties concerned. The change in fre­ communities (Beaufort-Morehead City persons may file comments on or before quency can be accomplished in con­ and Wilmington) with a Class C assign­ August 27, 1965, and reply comments on formance with our rules, and without ment which, because of their Isolation or before September 7, 1965. All sub­ adverse effect on any other assignment; from large centers of population, have a missions by parties to this proceeding or and the modification is accomplished greater need for them. In view of the by persons acting on behalf of such par­ with only a change in the crystal exciter shortage of FM channels available for ties, must be made in written comments, in the transmitter and a slight tuning assignment in the Dunn area, the present reply comments, or other appropriate of the transmitter stages. The proposal lack of local full-time radio service at pleadings. is a simple and expeditious solution of 9. In accordance with the provisions of the problem and does not adversely affect Dunn, and the interest displayed in pro­ § 1.419 of the Commission’s rules and the public interest. viding Dunn with an FM assignment to regulations, an original and 14 copies of 4. In view of the foregoing, com m ents remedy the situation, it appears that all comments, replies, pleadings, briefs, are invited on the following proposal: petitioner’s proposal may merit adoption and other documents shall be furnished the Commission. Channel No. i It is noted, however, that a proposal to City move Channel 277 from Gretna, Va., to Dan­ Adopted: July 28,1965. ville, Va., is under consideration in Docket Present Proposed No. 15987. In our notice of proposed rule Released: July 30,1965. 256, 285A ■making (FCC 65-359) on that proposal, re­ F ederal Communications 255, 285A leased April 30, 1965, attention was called ______to the fact that if the subject proposal to Commission,* assign Channel 276A at Dunn is ultimately [seal] B en F. W aple, 5. If it is determined by the Commis­ adopted, a station on Channel 277 at Dan­ Secretary. sion that the rule amendment proposed ville would have to be some 10 miles north [FJR. Doc. 65-8185; Filed, Aug. 3, 1965; herein will serve the public interest, the of the city in order to meet separations with 8:47 ajn.] Commission will take such further action respect to the Dunn reference point. We as may be appropriate with respect to an stated, however, that such a restriction did not appear to present a substantial problem. 2 Commissioner Hyde absent. outstanding authorization. Accordingly. Wednesday, August 4, 1965 FEDERAL REGISTER 9697 we defer action upon petitioner’s request ABC. Petitioner states that should the No. 14229—to avoid selecting specific for issuance of an order to show cause. Commission assign VHF Channel 8 to communities of less than 25,900 popula­ 6. Authority for the adoption of the Medford it intends to apply therefor, in tion for commercial UHF assignments, it amendment proposed herein is contained order to provide another outlet to the is not appropriate at this time to include in sections 4(i), 303, 307(b), and 316 of community and the opportunity for full such an assignment for Brookings. (If the Communications Act of 1934, as network program services to be rendered in the future a prospective applicant is amended. to the public. prepared to proceed promptly with the 7. Pursuant to applicable procedures 5. The State of Oregon acting by and construction and operation of a com­ set out in § 1.415 of the Commission’s through the State Board of Higher Ed­ mercial UHF television station at Brook­ rules, interested persons may file com­ ucation (Oregon Board) filed, on June 15, ings, a petition to add a UHF channel ments on or before August 27, 1965, and 1965, a statement in connection with the can be filed at that time.) reply comments on or before September petition of T&R Broadcasters, Inc., in 8. The Commission invites comments 7, 1965. All submissions by parties to . which it requests that Channel 8 be re­ on the proposal to reassign Channel 8 this proceeding or persons acting in be­ served for noncommercial educational from Brookings to Medford (for com­ half of such parties must be made in use if the Commission finds that the pub­ mercial use), and also on the counterr written comments, reply comments or lic interest would be served by the allo­ proposal, which would reserve the chan­ other appropriate pleadings. cation of Channel 8 to Medford. The nel, if so reassigned, for noncommercial 8. In accordance with the provisions Oregon Board states in support of this educational use; thus, to amend § 73.606 of § 1.419 of the rules, an original and request that it is the licensee of both of the rules to read as follows: 14 copies of all comments, replies, plead­ of Oregon’s noncommercial educational ings, briefs, and other documents shall stations, KOAC-TV (Channel 7), Cor­ Channel No. be furnished the Commission. vallis and KOAP-TV (Channel 10), City Portland, and points out that they are Adopted: July 28, 1965. both located in the central northern sec­ Present Proposed Released: July 30, 1965. tion of the state and that no commercial 8+, *14 *14 educational service is now available to Medford, Oreg.T_— ______5,10+, *23 5,8,10+, *23 F ederal Communications the southern section of Oregon.3 The Or in the alternative Commission,1 Brookings, Oreg______8+, *14 *14 Oregon Board observes that a substantial Medford, Oreg______5,10+, *23 5, *8,10+, 23 [seal] B ei^ F. Waple, - portion of the population of the state is Secretary. located in the southern section, and says [F.R. Doc. 65-8186; Filed, Aug. 3, 1965; that for a period of more than a year it 9. Authority for the adoption of the 8:47 a.m.] has been giving study and planning to the amendments proposed herein is con­ proposed establishment of a non-com­ tained in sections 4(i), 303, and 307(b) mercial educational station in the Med­ of the Communications Act of 1934, as I 47 CFR Part 73 1 ford area in order to more adequately amended. [Docket No. 16158; RM-764; FOC 65-731] serve the public of the State of Oregon 10. Pursuant to applicable procedures with an educational programming serv­ set out in § 1.415 of the Commission TELEVISION BROADCAST STATIONS, ice similar to that provided to the north­ rules, interested parties may file com­ MEDFORD, BROOKINGS, OREG. ern part of the state through the facili­ ments on or before August 27, 1965, and reply comments on or before September Table of Assignments ties of its stations KOAC-TV and KOAP- TV. 7, 1965. All submissions by parties to 1. Notice is hereby given of proposed 6. Inasmuch as both Brookings and this proceeding or by persons acting in rule making in the above-entitled matter. Medford now have an educational chan­ behalf of such parties must be made in 2. The Commission has before it for nel assignment, it is possible that the written comments, reply comments or consideration a petition filed April 15, needs of the Oregon Board in these other appropriate pleadings. 1965, by T&R Broadcasters, Inc., request­ communities will be fulfilled with one or 11. In accordance with the provisions ing a rule making proceeding looking both of these channels. However, their of § 1.419 of the rules, an original and toward the deletion of VHF Channel 8 request for the reservation of Channel 14 copies of all written comments, re­ from Brookings, Oreg., and its reassign­ 8 for noncommercial educational use if plies, pleadings, briefs, or other docu­ ment to Medford, Oreg.; Channel 8 at it is reassigned to Medford still stands ments shall be furnished the Commis­ Brookings would be replaced with and thus will be treated as a counterpro­ sion. Channel 22. posal in this proceeding. Adopted: July28,1965. 3. As pointed out by the petitioner, 7. The Commission is of the view that mere have been no applications for rule making should be instituted on the Released: July 30,1965. Channel 8 at Brookings since it was as­ request of T&R Broadcasters, Inc. to re­ F ederal Communications signed to that city by the Commission assign Channel 8 to Medford. However, Commission,® on September 6, 1957 (Report and Or­ we are not proposing to assign Channel [seal] B en F. Waple, der—Docket 12041) (15 R.R. 1717). Also 22 to Brookings as suggested. Channel Secretary. assigned, and not applied for, to Brook- *14 is assigned to Brookings in the re­ [F.R. Doc.. 65-8187; Filed, Aug. 3, 1965; bigs is Channel *14, which is reserved vised Table of Assignments for UHF 8:47 a.m.] for noncommercial educational use. channels and Channel 22 may not be flin g s, which has a population of assigned within 60 miles of Brookings. ^.637 (and Curry County in which it is located a population of 13,983)14 has no Furthermore, in view of the policy of the local television service at the present Commission as set forth in paragraph 14 FEDERAL POWER COMMISSION of the Fourth Report and Order in Docket time, but does receive the signals of Sta­ [ 18 CFR Parts 141, 260 1 tions KIEM-TV and KVIQ-TV, Eureka, Calif., according to petitioner. 2 This petition states that there are no [Docket No. R-278] noncommercial educational allocations “in 4. Medford, located approximately 70 any part of the southern section of the state PUBLIC UTILITIES, LICENSEES AND miles east of Brookings, has a popula- of Oregon.” However, the Commission’s new 24,425 (and Jackson County in Table of Assignments, adopted on June 4, NATURAL GAS PIPELINE COM­ 1965 (Fourth Report and Order—Docket PANIES QRof*1 ^ is located a population of 73,- 14229 et cet.) (FCC 65—504), reserves UHF 2). it is served by two television sta- Channel 14 and 23 to Brookings and Medford, Reporting of Expenditures for i S ^ KBES~TV (Channel 5) and respectively, for educational use. The Na­ Donations . (Channel 10), the former tional Association of Educational Broadcast­ awn- affiliation and the latter with ers (NAEB), in its assignment plan (Com­ J uly 28, 1965. mission’s Order Extending Time for Fling affiliation agreements with both NBC and Comments, released December 27, 1963), rec­ 1. Pursuant to section 4 of the Admin­ ommended an educational reservation— istrative Procedure Act, the Commission Commissioner Hyde absent. Channel 17—for Brookings but no educa­ All population figures—1960 U.S. Census. tional reservation for Medford. 3 Commissioner Hyde absent. 9698 PROPOSED RULE MAKING gives notice that it proposes to amend, porting only the items properly classifi­ Interest Charges Accounts” (page 304) effective for the reporting year 1965, the able in that category. The latter amend­ to read as follows: schedule entitled “Schedule of Particu­ ment, in addition, will facilitate Com­ 3. Other Income Deductions (Account lars Concerning Certain Income Deduc­ mission determination of the extent of 426)—Report the nature, payee, and amount tions and Interest Charge Accounts” in compliance with the provisions of the ac­ of other income deductions for the year as PPC Forms Nos. 1 and 2 to require the count upon review and will make more required by Subaccounts 426.1, Donations; reporting of expenditures in amounts of specific information concerning such ex­ 426.2, Life Insurance; 426.3, Penalties; and penditures available to the public. 426.5, Other Deductions, of the Uniform Sys­ $100 or more classifiable in Subaccount tem of Accounts. Amounts of less than $100 426.1, Donations, as individual items in 3. Any interested person may submit for Subaccount 426.1 and $1,000 for the other lieu of the current $1,000 lower limit to the Federal Power Commission, Wash­ above-mentioned subaccounts may be for reporting individual items classifiable ington, D.C., 20426, on or before Septem­ grouped by classes within the above sub­ in that subaccount. We also propose to ber 1, 1965 data, views and comments in accounts if the number of items so grouped amend the Report Forms in regard to writing concerning the amendments pro­ is shown. Charges to Subaccount 426.1 in Account 930 “Miscellaneous General Ex­ posed herein. The Commission will the amount of $100 or more are to be listed consider these written submittals before separately, showing the purpose (donation, penses,” which currently require listing contribution, dues, etc.), recipient, and the only of major items classifiable in the taking any action upon the proposed amount. Additionally, report the total “Other expenses” category, so as to pro­ amendments. An original and nine (9) amount of income deductions included in copies of any such submittals should be Subaccount 426.4, particulars of which are vide for reporting the purpose, recipient filed. contained in the separate schedule “Expendi­ and amount of each item of $100 or more 4. These amendments to the Commis­ tures for Certain Civil, Political and Related properly classifiable in thait category. sion’s annual report forms are proposed Activities.” The changes here being proposed are to be issued under the authority of the b. Amend line 7 of the schedules en­ specifically set forth below. Federal Power Act, as amended, particu­ titled “Miscellaneous General Expenses 2. Our purpose in proposing the change larly sections 304, 309, and 311 thereof (Account 930) (Electric) ” and “Miscel­ in reporting requirements with respect to (49 Stat. 855, 858, 859; 116 U.S.C. 825c, laneous General Expenses (Account 930) donations is to enable the Commission to 825h, 825j) and the Natural Gas Act, as (Gas) ” appearing on pages 427 and 543 have more specific information regarding amended, particularly sections 10 and 16 of the forms, respectively, to read as expenditures of this nature that will be thereof <52 Stat. 826, 830; 15 U.S.C. 717i, follows: available to other entities of the Fed­ 717o). 7. Other expenses (items of $100 or more eral Government and the public and will 5. In consideration of the foregoing, it are to be listed separately showing the pur­ also disclose more readily the propriety is proposed to amend the Commission’s pose, recipient, and the amount of such items. Amounts of less than $100 may be of the accounting practices followed. Annual Report FPC Form No. 1 and FPC grouped by classes if the number of items The revision in the requirement for re­ Form No. 2, prescribed, respectively, by so grouped is shown). porting expenditures classifiable in the §§ 141.1 and 260.1, Chapter I of Title 18 “Other expenses” category of Account of the Code of Federal Regulations, as By direction of the Commission. 930 is designed to indicate to parties sub­ follows: J oseph H. Gtttride, ject to the Commission’s reporting au­ a. Amend instruction paragraph 3. to Secretary. thority under the Federal Power and the schedule entitled “Particulars Con­ [FJR. Doc. 65-3149; Filed, Aug. 3, 1965; Natural Gas Acts the necessity of re­ cerning Certain Income Deduction and 8:45 am.] Notices

California, M ount D iablo Meridian the San Carlos Apache Reservation was DEPARTMENT OF THE INTERIOR TRINITY COUNTY duly enacted on May 18, 1965, by the Tribal Council of the San Carlos Apache Bureau of Land Management Trinity National Forest Tribe which has jurisdiction over the T. 36 N., R. 10 W., area of Indian country included in the CALIFORNIA Sec. 36, Wy2SE&SWi4. ordinance: T. 38 N., R. 9 W., “1. It shall be legal and permissible Notice of Proposed Withdrawal and Sec. 36 Wy2SW&. from this date henceforth to possess, Reservation of Lands The afore-described areas aggregate transport, purchase, sell and/or use in­ J uly 23, 1965. 100 acres of public land. toxicating liquors, beer, wine, and other malt or alcoholic beverages within the The Forest Service, U.S. Department of R. E. McCarthy, exterior boundaries of the San Carlos Agriculture, has filed an application, Acting Manager. Apache Indian Rèservation subject to Serial No. Sacramento 079710 for the [FR. Doc. 65-8154; Filed, Aug. 3, 1965; such rules and regulations as may be withdrawal of the following described 8:45 a.m.} provided by ordinances of the San Carlos public domain lands to be set apart and Tribal Council and the laws of the State reserved as a part of the Shasta-Trinity of Arizona. National Forest for administration as a Office of the Secretary “2. The laws of the State of Arizona part of the national forest pursuant to [Order No. 2508, Arndt. 69] and the regulations of the Arizona provisions of the Act of July 9, 1962 (76 Liquor Control Board in regard to the Stat. 140). ~ COMMISSIONER OF INDIAN wholesale and retail sale of liquor and The applicant desires the land for ad­ AFFAIRS beer and wine within the boundaries of dition to the Shasta-Trinity National the State of Arizona are hereby adopted Forest, needed to preserve the adjacent Delegation of Authority Regarding and made applicable to the territory Salmon-Trinity Alps primitive area. State and Local Regulation of Use within the exterior boundaries of the For a period of 30 days from the date of Indian Property San Carlos Apache Indian Reservation: of publication of this notice, all persons Provided however, That before any per­ who wish to submit comments, sugges­ Delegation of authority to Commis­ son, association, firm, corporation, or tions, or objections in connection with sioner of Indian Affairs to implement 25 partnership, or any individual or group the proposed withdrawal may present CFR 1.4(b), State and local regulation of individuals, may engage in the whole­ their views in writing to the undersigned of the use of Indian property. sale or retail liquor or beer, or wine busi­ officer of the Bureau of Land Manage­ Order 2508 (20 F.R. 3834), as amend­ ness (hereinafter referred to as the ment, Department of the Interior, Room ed, is further amended by the addition ‘liquor business’) within the exterior 4201, U.S. Courthouse and Federal Build­ of a new Section 2 to read as follows: boundaries of the San Carlos Apache ing, 650 Capitol Mall, Sacramento, Calif., S ection 2. Adoption of laws. The Indian Reservation, whether or not the 95814. , - c, Commissioner of Indian Affairs may ex­ principal place of business of said whole­ The Department’s regulations (43 CFR ercise the authority of the Secretary set saler or retailer is located within the 2311.1-3 (c)) provide that the authorized out in 25 CFR 1.4(b) concerning the exterior boundaries of the San Carlos officer of the Bureau of Land Manage­ adoption or application of State or local Apache Indian Reservation, he must first ment will undertake such investigations laws regulating the use-of property to make application to the San Carlos Trib­ as are necessary to determine the exist­ trust or restricted Indian property. The al Council for, and obtain, a permit or ing and potential demand for the lands Commissioner may make applicable to license to engage in the liquor business. and their resources. He will also under­ trust or restricted Indian property, leased Either maintaining a wholesale or retail take negotiations with the applicant to or held or used by others under agree­ liquor, beer, or wine establishment upon agency with the view of adjusting the ment, State or local laws only in those said reservation or making delivery and/ application to reduce the area to the States which have assumed jurisdiction or sales at wholesale or at retail at any minimum essential to meet the appli­ pursuant to the Act of August 15, 1953 place within the exterior boundaries of cant’s needs, to provide for the maximum (67 Stat. 588). As to such property the San Carlos Apache Indian Reserva­ concurrent utilization of the lands for located in States which have not assumed tion shall constitute engaging in the purposes other than the applicant’s, to such jurisdiction, the Commissioner liquor business. eliminate lands needed for purposes may adopt State and local laws only by “3. With such application, the appli­ more essential than the applicant’s, and appropriate provisions in the lease or cant shall tender a fee of One Hundred to reach agreement on the concurrent other agreement. ' ^ Dollars ($100.00). If a license or permit management of 'the lands and their S tewart L. U dall, is issued to the applicant by the San resources. Secretary of the Interior. Carlos Tribal Council, it shall be valid The authorized officer will also prepare J uly 28, 1965. from July 1 of one (1) year, to the 30th a report for consideration by the Secre­ day of June the next following year. If tary of the Interior who will determine [F.R. Doc. 65.-8152; Filed, Aug. 3, 1965; such application is made when more than whether or not the lands will be with­ 8:45 am.] six (6) months of said yearly period drawn as requested by the applicant remain, there shall be no reduction in agency. SAN CARLOS APACHE RESERVATION, the amount of the license fee. If such The determination of the Secretary on ARIZ. application is made when less than six the application will be published in the (6) months of said yearly period re­ Federal R egister. A separate notice Ordinance Legalizing the Introduc­ main, the license fee shall be reduced by will be sent to each interested party of tion, Sale and Possession of Intoxi­ fifty percent (50%). If such license or record. cants permit is denied, the fee shall be returned If circumstances warrant, a public Pursuant to the Act of August 15,1953 to the applicant. hearing will be held at a convenient (Public Law 277, 83d Congress; 67 Stat. “4. Before a permit or license shall be tu5^an(l Place, which will be announced. 586), I certify that the following Ordi­ issued by the San Carlos Tribal Council, The lands involved in the application nance No. 65-3 relating to the applica­ the applicant shall be investigated as to are: tion of the Federal Indian liquor laws on moral character and as to whether or not No. 149----- 5 9699 9700 NOTICES such person is acceptable to the members “9. It shall be unlawful for any person General Services Administration pro­ of the San Carlos Apache Tribe to en­ within the exterior boundaries of the poses to make said magnesium available gage in the liquor business upon the San San Carlos Apache Indian Reservation for transfer to other Government agen­ Carlos Apache Indian Reservation. to sell, offer to sell, give, or otherwise cies, for sale on a competitive basis, or Once a permit or license is granted by the distribute any beer, wine, liquor, or other for disposition in such other manner as San Carlos Tribal Council, such permit alcoholic beverage to any person under may be in the best interest of the Gov­ or license may be revoked only for cause the age of twenty-one (21), to any in­ ernment, upon the express approval by and upon a hearing with notice being toxicated person at a time or under cir­ the Congress of this proposed disposition, mailed by registered mail to the owner of cumstances not permitted under the laws but not prior to the expiration of six such permit or license ten (10) days prior of the State of Arizona or the regulations months after the date of publication of to such hearing, except such permit or of the Arizona Liquor Control Board. this notice in the F ederal R egister. license may not be transferred without ‘TO. Section 6.32 of the Revised Law It is proposed to dispose of the entire the approval and consent of the San and Order Code of the San Carlos Apache quantity of magnesium over a period of Carlos Council. Cause shall mean the Tribe is hereby repealed, and Ordinance four to five years, with the sales rate failure to pay license fees each year, 68-8 enacted by the San Carlos Tribal during the first disposal year not to ex­ and/or the violation of tribal ordinances Council on or about February 14, 1958 is ceed 5,000 short tons (magnesium con­ duly passed or the laws of the State of also repealed. tent) . The annual rate is to be subject Arizona, or transfer or attempted trans­ “11. There shall be inserted in the Re­ to modification if market or other condi­ fer of such permit or license without the vised Law and Order Code of the San tions warrant. approval and consent of the San Carlos Carlos Apache Tribe a new section 6.32 The plan and dates of this disposition Tribal Council. which shall read as follows: have been fixed with due regard to the “5. The issuance of a license or permit "Any Indian who shall knowingly and will­ protection of producers, processors, and by the San Carlos Tribal Council and the fully violate any provision of the San Carlos consumers against avoidable disruption payment of a fee, as hereinabove pro­ Liquor Ordinance or manufactures any beer, of their usual markets, as well as the ale, wine, or any article which produces protection of the United States against vided, shall be a condition of eligibility alcoholic intoxication, shaU be deemed guilty before any person, firm, association, cor­ of an offense and upon conviction thereof avoidable loss. poration, partnership, individual or shaU be sentenced to imprisonment for a Dated: July 23, 1965. group of individuals may engage in the period not to exceed 60 days or to a fine not liquor business within the exterior to exceed $60.00 or both such imprisonment Lawson B. K nott, Jr., boundaries of the San Carlos Apache In­ and fine, with costs." Administrator of General Services. dian Reservation, or receive a license “Now therefore, be it [F.R. Doc. 65-8160; Filed, Aug. 3, 1965; from the State of Arizona for such pur­ “Resolved by the San Carlos Tribal 8:45 a.m.] pose, and until such person or organiza­ Council in meeting assembled this 18th tion wishing to engage in the liquor day of May 1965, That the foregoing business satisfies said condition, he shall Ordinance be adopted, and respectfully not be permitted to engage in the liquor requests the Superintendent and the business within the boundaries of the Secretary of Interior to take the neces­ DEPARTMENT OF COMMERCE San Carlos Apache Indian Reservation. sary steps to have this printed in the Bureau of International Commerce “6. Each person receiving a permit or Federal R egister.” license to engage in the retail liquor busi­ MOBILE TRADE FAIRS PROGRAM ness within the boundaries of the San S tewart L. U dall, Carlos Apache Indian Reservation shall, Secretary of the Interior. Extension of Act and Requests for at his own expense, engage some suitable July 28,1965. Financial Assistance male person to maintain law and order [F.R. Doc. 65-8153; Filed, Aug. 3, 1965; in and about his place of business, ahd 8:45 am.] Notice of JMobile Trade Fairs Act ex­ said male person shall be approved by tension until June 30,1968. Pursuant to the San Carlos Tribal Council as a person Public Law 89-66, 79 Stat. 211, approved of good moral character to be deputized July 7, 1965, the authorization under the and appointed as Indian Policeman and Mobile Trade Fairs Act (sec. 212(B), shall also be approved to be appointed GENERAL SERVICES ADMINIS­ Public Law 87-839; sec. 1, 76 Stat. 1074; a deputy sheriff by the governing body of 46 U.S.C. 1122b) for financial assistance the county in which such retail liquor TRATION to operators of mobile trade fairs has business is located. Failure to furnish MAGNESIUM HELD IN THE been extended until June 30, 1968. such suitable person for the maintenance NATIONAL STOCKPILE Requests for financial assistance from of law and order shall be cause for fiscal year 1966 appropriations. Re­ revocation of the permit or license to en­ Proposed Disposition quests for financial assistance by mobile gage in the retail liquor business within trade fair operators should be made on the boundaries of the San Carlos Apache Pursuant to the provisions of section application forms which may be obtained Indian Reservation. 3(e) of the Strategic and Critical Ma­ from the Office of International Trade “7. The San Carlos Tribal Council may terials Stock Piling Act, 50 U.S.C. 98b (e), Promotion, Bureau of International adopt such ordinances for the mainte­ notice is hereby given of a proposed dis­ Commerce, U.S. Department of Com­ nance of law and order on the San Carlos position of approximately 21,500 short merce, Washington, D.C., 20230. Such Apache Indian Reservation and regula­ tons of magnesium contained in primary requests must be in accordance with tion of the liquor business conducted on pigs and alloys now held in the national existing regulations as set forth in Title said reservation not inconsistent with the stockpile. 15, Code of Federal Regulations, Part laws of the State of Arizona and rules This quantity of magnesium is excess 365. Regardless of the date applications and regulations of the Arizona Liquor to the needs of the stockpile as a result of requesting financial assistance are re­ Control Board: Provided, however, That a revised determination, made by the ceived, funds will not be allocated from such ordinances shall not become effec­ Office of Emergency Planning pursuant expected Fiscal Year 1966 (July 1, 1965, tive until thirty (30) days after passage to section 2 of the Strategic and Critical to June 30, 1966) appropriations prior to and the mailing of a copy of such ordi­ Materials Stock Piling Act, 50 U.S.C. 98a, September 1,1965. Such appropriations nances by registered mail to each per­ with respect to the quantity of mag­ mittee or licensee engaged in the liquor nesium to be stockpiled. have not yet been enacted by Congress. business on the San Carlos Apache In­ Since the revised determination was Dated: July 30,1965. dian Reservation. not by reason of obsolescense of the mag­ “8. The San Carlos Apache Tribe may nesium for use in time of war, this pro­ Archie M. Andrews, also engage in the liquor business on its posed disposition is being referred to the Acting Director, own account, pursuant to such rules and Congress for its express approval as re­ Bureau of International Commerce. regulations as the San Carlos Tribal quired by section 3(e) of the Strategic [F.R. Doc. 65-8164; Filed, Aug. 3, 1965; Council may from time to time adopt. and Critical Materials Stock Piling Act. 8:46 a.m.] ■Wednesday, August 4, 1965 FEDERÁL REGISTER 9701

Maritime Administration F lag o f R egistry, N ame o f Sh ip —Continued F lag of R egistry, N ame of S h ip —Continued Gross Gross [Report No. 59} British—Continued tonnage Lebanese—Continued tonnage LIST OF FREE WORLD AND POLISH M agister______2, 339 Malou ______.______:_- ___ 7,145 Maratha Enterprise____ ;!______7,166 M antric______7, 255 FLAG VESSELS ARRIVING IN CUBA Nancy Dee______6,597 Maria Despina ______7,254 SINCE JANUARY 1, 1963 Nebula ______5------8, 924 Maria Renee______.______7,203 -»»Newdene (now Free Navigator— Marichristina______7,124 S e c t i o n 1. The Maritime Administra­ Haitian flag)----__------7,181 * »Marymark (sold German ship- tion is making available to the appropri­ ♦»Newforest (now Haitian flag)— 7,185 breakers) ______4,383 ate Departments the following list of Newgate ______\______6, 743 Mersinidi ______6, 782 vessels which have arrived in Cuba since Newglade ______— 7,368 M im osa______—__ 7, 314 January 1, 1963, based on information * »Newgrove (now Haitian flag). Mousse ______- 6, 984 received through July 23, 1965, ex­ Newheath ______5,891 N ictric______7,296 Newhill ______;____ |_____ 7,855 Noelle ______7, 251 clusive of those vessels that called at Newlane__ .______—______7,043 N o e m i______'------7, 070 Cuba on United States Government- * »Newmeadow (now Haitian flag) _ 5,654 Olga — ______7,199 approved noncommercial voyages and '-Newmoat ______—___. ______7,151 Panagos______7,133 those listed in section 2. Pursuant to Newmoor______: 7,168 Parmarina ______:______6,721 established United States Government Niles Amelon______6, 281 * »Razani (broken u p )______7, 253 policy, the listed vessels are ineligible to Oceantramp ______6,185 R en ek a______i______7, 250 carry United States Government- Oceantravel—______10,477 Rio ______7,194 Peony______,______9, 037 St. Anthony______, 5, 349 financed cargoes from the United States. * »Phoenician Dawn (trips to Cuba St. Nicolas______7,165 F lag of R egistry and Name of S h ip under ex-name, East Breeze— San George—______—- 7,267 Gross British flag). San John______5,172 tonnage Redbrook ______7,388 San Spyridon______;______7,260 Ruthy Ann_____ ...______7,361 S te v o ______— ___ — — _ 7, 066 Total, all flags (240 ships) _ 1,685,012 **St. Antonio (now Maltese flag). Taxiarhis ______!------7,349 British (76 ships)------565,762 Sandsend .____%._ _ 7,236 Tertric ______— ______7,045 Santa Granda______7, 229 Theodoros Lemos______7,198 * »Agate (trips to Cuba under ex­ Sea Amber______10,421 TheologOs______-iiii_____ 7, 248 name Dairen—British flag) . Sea Coral— ______— ____— 10,421 Tony______7,176 » »Amalia (now Maltese flag). Sea Empress— ______9, 841 T ou la------4, 561 * »Amazon River (now River—sold Shienfoon______— ____ 7,127 T ro y a n ___ g:______7,243 to Dutch breakers) '____— 7,234 * »Shun Fung (wrecked) ___ 7,148 Vassiliki __— ______7,192 Antarctica ______8,785 Soclyve ______7,291 Vastric______6,453 Arctic Ocean______8,791 * »Southgate (previous trips to Vergolivada _____ — ______6,339 Ardenode ______|______7, 036 Cuba under ex-name, Arlington Y anxilas______10,051 Ardgem ______6, 981 Court—British flag)______9,662 Ardmore ______;______4, 664 Stanwear ______'_— ______8,108 Greek (35 ships)______257,596 Ardpa tr ic k ______7, 054 Suva Breeze— .______;______4, 970 Ardrowan____I_____ s___ ^__ ___ 7, 300 Swift River______7.251 Agios Therapon______5,617 Ardsirod______Sp,__ T, 025 Thames Breeze______7,878 Akastos ______- ______7,331 Ardtara_____.______.______5,795 »»Timios Stavros (now Maltese Alice ______7,189 flag—Previous trips to Cuba »»Ambassade (sold Hong Kong * »Arlington Court (now South- shipbreakers)______8, 600 gate—British flag). under Greek flag), Athelcrown (Tanker)______11,149 Venice _.______8, 611 Americana ______7,104 Vercharmian ______7,265 Anacreon __.______7,359 Athelduke (Tanker) ______9, 089 * »Anatoli (now Sunrise—Cypriot Athelmere (Tanker) _,______7, 524 Vergmont ______i.__ ,______7,381 Athelmonarch (Tanker) __ __ West Breeze_____.______8, 718 flag) ______:----- 7,187 11,182 Y ungfutary___ l______.__ 5,388 »»Andromachi (previous trips to »»Athelsultan (Tanker—broken Cuba under ex-name, Pe­ up)— — ______9, 149 Yunglutaton ______5,414 Avisfaith ______;___ Zela M______7,237 nelope—Greek flag)______6,712 7, 868 * »Antonia (now Amflthea—Cyp­ Baxtergate ______8, 813 Lebanese (61 ships)______409,077 riot flag). Cheung Chau______8,566 A pollon______— 9, 744 »»Chipbee (sold for scrap)___ _ 7,271 * »Cosmo Trader (trips to Cuba Agia Sophia______3,106 Athanassios K______7, 216 under ex-name, Ivy Fair—Brit­ Aiolos II______!____ 7,256 Barbarino______7, 084 ish flag). Ais Giannis______6,997 Calliopi Michalos______7,249 Akam as______7, 285 * »Embassy (broken u p)______8,418 * »Dairen (now Agate—British Flora M______7, 244 flag)------4, 939 A1 Amin______i______l 7,186 »»East Breeze (now Phoenician A laska______6, 989 * »Gloria (now Helen—Greek A nthas______7,044 flag). Dawn—British flag)______8,708 »»Helen (previous trips to Cuba Eastfortune______8, 789 A ntonis___ *______6,259 Formentor_____ under ex-name, Gloria—Greek 8, 424 »»Ares (constructive total loss)_ 4,557 flag)______7,128 »»Free Enterprise (now Haitian Areti______'______p 7,176 flag) __------Irena ______7,232 6,807 A ristefs______6,995 Istros II_____ — ______7,275 »»Free Merchant (now Haitian A stir______’___._____ 5,324 Kapetan Kostis_,______5, 032 flag) ------5, 237 Atham as ______P 4,729 Kyra Hariklia—__ — ______6, 888 •»Garthdale (now Jeb Lee—Brit­ **Carnation (sold Spanish break­ Maria Theresa___.______7, 245 ish flag)______7,542 ers) __------____--- ____— ____ 4,884 Marigo ______7,147 Grosvenor Mariner______:i_____ 7, 026 Claire _.-----5,411 Maroudio______7, 369 Hazelrpoor ____ 7, 907 Mastro-Stelios II______7, 282 Cris __ •____.____------.___ 6, 032 »»Nicolaos F. (previous trip to Helka______2, 111 D im o s__aj_____ ;______i____ 7,187 Hemisphere ______8, 718 Cuba under ex-name, Nicolaos Ho Fung______* *E. Myrtidiotissa (trips to Cuba Frangistas—Greek flag)____ _ 7,199 7,121 under ex-name, Kalllopl D. * »Nicolaos Frangistas (now Nico­ Inchstaffa — ——III” ” — —-” 5, 255 Lemos—Lebanese flag). laos F.—Greek flag). * »Ivy Fair (now Cosmo Trader— Free Trader_— ______7,067 Pamit ______3,929 British flag—broken up)____ ,L 7, 201 Giannis ____ ;______5, 270 Pantanassa —— ______7,131 **Jeb Lee (trip to Cuba under ex- Giorgos Tsakiroglou______7,240 Paxoi ______ffj______7,144, name, Garthdale—British flag). Granikos ______._ 7,282 * »Penelope (now Andromachi— Kinross ______5, 388 Greek flag). Ha Hortensia______I le n a ______;__ 5,925 * »Plate Trader (trip to Cuba 9,486 Ioannis Aspiotis______7,297 Linkmoor 8, 236 under ex-name, Stylianos N. » »Kalliopi D. Lemos (now E. Myr­ Vlassopulos-—Greek flag). bp**S-y_ps appearing on the list that hai tidiotissa—Lebanese flag) ____ ri 5,103 * »Presvia (broken up)______10, 820 Katerina ._ __.______9,357 ana/orand /nr flag of registry. or have had changes in nan R edestos______¡______2 5,911 L eftric______7,176 Roula Maria (Tanker)______,10, 608 9702 NOTICES

F lag o p R egistry, Name op Sh ip —Continued F lag o p R egistry, Name o f S h ip —Continued Panamanian: * »Jezreel (trip to Cuba under ex­ Gross Gross name, Tine—Norwegian flag— Greek—Continued tonnage tonnage wrecked). »»Seirios (broken up) ______7,239 Maltese (4 sh ips)--___ - _--— — 26,497 Sophia ______r 7,030 Sec. 2. In accordance with approved »»Stylianos N. Vlassopulos (now * »Amalia (previous trips to Cuba procedures, the vessels listed below which Plate Trader—Greek flag)___ 7,303 under British flag)______7,304 called at Cuba after January 1, 1963, **Timios Stavros (formerly Brit­ Ispahan______- ____ l 7,156 have reacquired eligibility to carry ish flag—now Maltese flag). **St. Antonio (previous trip to United States Government-financed car­ T in a ------7,362 Cuba under British flag)______6,704 Western Trader_____ .______9,268 »»Timios Stavros (previous trips goes from the United States by virtue of to Cuba under British flag and the persons who control the vessels hav­ Polish (16 ships) ______------— 112,779 Greek flag)______— 5,333 ing given satisfactory certification and assurance: B a lty k ______—H---- 6,963 Cypriot (3 ships)______19, 588 (a) That such vessels will not, thence­ Bialystok______7,173 forth, be employed in the Cuba trade so Bytom______5, 967 Adélphos Petrakis______7,170 long as it remains the policy of the Chopin______6, 987 * * Amfithea (previous trip to Cuba Chorzow______'------7, 237 under ex-name, Antonia—Greek United States Government to discourage Huta Florian______7,258 flag) ______.______5,171 such trade; and Huta Labedy______— 7,221 Artemida______— ____ 7,247 (b) That no other vessels under their Huta Ostrowiec------7,175 * »Sunrise (trip to Cuba under ex­ control will thenceforth be employed in Huta Zgoda______6, 840 name Anatoli—Greek flag). the Cuba trade; except as provided in Kopalnia Bobrek__------7,221 paragraph (c) ; and Kopalnia Czeladz------7,252 Netherlands (2 ships)______999 (c) That vessels under their control Kopalnia Miechowice______7,223 Kopalnia Siemianowice------7,165 M eike______500 which are covered by contractual obliga­ Kopalnia Wujek------7,033 Tempo ______499 tions, including charters, entered into Piast______—------— 3,184 prior to December 16, 1963, requiring Transportowiec______10,880 Norwegian (2 ships)______11,894 their employment in the Cuba trade shall be withdrawn from such trade at Italian (14 ships)------— --•- 111, 681 Ole Bratt______7,144 the earliest opportunity consistent with »»Tine (now Jezreel—Panamanian such contractual obligations. Achille ______'------6, 950 flag—wrecked) ______4,750 Agostino Bertani______8,380 F lag of R egistry and Name op S h ip * »Andrea Costa (Tanker—broken Swedish (2 ships);____ i ______9,318 a. Since last report: None. up) ._____.______10,440 Number Aspromonte______7,154 »»Amfred (now Hermia—Finnish b. Previous reports: of ships Caprera______7,189 flag)______2, 828 Flag of registry (total)------85 Giuseppe Giulietti (Tanker) _----- 17,519 Dagmar____ .______6,490 Mariasusanna ------2,479 B ritish______36 Montiron ------.------— 1,595 Danish ______1 Nazareno______7,173 Haitian (1 ship): »»Free Enterprise (trips to Cuba F in n ish ______:—_— i------— 1 Nino Bixio______— 8, 427 French______1 San Francesco------.------— 9, 284 under British flag). German (West)______1 San Nicola (Tanker)______12,461 »»Free Merchant (trips to Cuba Greek ______25 Santa Lucia______9, 278 under British flag). Israeli ____ —______1 * »Somalia (now Chen Chang— »»Free Navigator (trips to Cuba Ita lia n ______5 Nationalist Chinese flag)-----— 3, 352 under ex-name, Newdene—Brit­ Japanese______1 ish flag). K uw aiti___-X______1 Yugoslav (8 ships)______57,143 *»Newforest (trips to Cuba under Lebanese______- 1 British flag). Norwegian _____ 4 Bar_____ i______— 7,233 »»Newgrove (previous trips to Spanish______6 Cavtat______7, 266 Swedish______.— ______1 Cetinje------7, 200 Cuba under British flag)_____ 7,172 Dug! Otok------, 6,997 »»Newmeadow (trips to Cuba Sec. 3. The ships listed in sections 1 K o la sin ______------7, 217 under British flag). and 2 have made the following number of Mojkovac ______7,125 Nationalist Chinese: trips to Cuba since January 1, 1963, P rom in a_I______6,960 * »Chen Chang (trip to Cuba under based on information received through * »Trebisnjica (wrecked)------7,145 ex-name, Somalia—Italian flag).' July 23,1965:

French (7 ships) 26,817 Number of trips Arsinoe (Tanker) ------— 10, 426 Circe______2, 874 Flag of registry 1964 1965 ' Total Enee______1,232 1963 Foulaya______.______3,739 Jan.- Jan. Feb. Mar. Apr. May June July M ungo______4,820 Dee. Nelee______—— 2, 874 Neve ______i-i--— 852 British______:____ 133 180 Jd 7 14 10 13 11 3 380 Lebanese______64 91 8 2 4 6 2 7 1 185 Moroccan (5 ships)______*—----- 35,828 99 27 2 1 2 4 > 2 1 Italian______16 20 3 2 3 2 1 3 2 52 8 17 25 Atlas______- ______— —— 10, 392 14 10 24 Banora ______3,082 9 13 22 12 11 4 1 1 29 Marrakech ______—------3, 214 8 g 1 2 20 3 3 6 M auritanie______— 10,392 7 Toubkal______8. 748 1 4 1 1 4 1 1 6 2 1 1 1 5 Finnish (4 ships)__ _——------32,861 1 1 2 2 1 3 1 1 1 1 4 1 Augusta P aulin______7,096 1 * »Hermia (trip to Cuba under ex­ 1 1 1 name, Amfred—Swedish flag). Japanese______1 Margrethe Paulin______7,251 912 Ragni Paulin______6,823 Subtotal______370 394 24 12 26 23 27 26 10 18 16 2 1 1 1 1 1 1 Valny (Tanker)______11,691 953 Grand total...... 388 410 26 13 27 24 .28 28 U »»Ships appearing on the list that have - been scrapped or have had changes in name N ote: Trip totals in this section exceed ship totals in secs. 1 and 2 because some of the ships made more than one and/or flag of registry. trip to Cuba. Monthly totals subject to revision as additional data become available. 1Wednesday, August 4, 1965 FEDERAL REGISTER 9703 Dated: July 29, 1965. by motor vehicle, over irregular routes, operate as a common carrier, by motor transporting: Sugar, from Billings, vehicle, over irregular routes, transport­ By order -of the Deputy Maritime Hardin, and Sidney, Mont., and points ing: Meats, meat products, and meat by­ Administrator. within 4 miles of each, to points in products and articles distributed by meat J ames S. D awson, Jr., i Minnesota. N ote : If a hearing is deemed packinghouses, as described in sections A Secretary. necessary, applicant requests it be held and C of appendix I to the report in De­ [F.R. Doc. 65-8177; Plied, Aug. 3, 1965; at Denver, Colo. scriptions in Motor Carrier Certificates, 8:48 a.m.] No. MC 409 (Sub-No. 23), filed July 61 M.C.C. 209 and 766 (except hides and 19, 1965. Applicant: O. E. POULSON, commodities, in bulk, in tank vehicles), INC., Post Office Box 295, Elm Creek, from the plantsite of Missouri Beef Nebr. Applicant’s attorney: Richard A. Packers, Inc., located at or near Phelps INTERSTATE COMMERCE Peterson, Box 2028, Lincoln, Nebr. Au­ City, Mo., to points in Illinois, Iowa, thority sought to operate as a common Kansas, and Nebraska, restricted to traf­ COMMISSION carrier, by motor vehicle, over irregular fic originating at such facilities of Mis­ [Notice No. 799] routes, transporting: Anhydrous am­ souri Beef Packers, Inc. N ote : If a monia and fertilizer solutions, in bulk, hearing is deemed necessary, applicant MOTOR CARRIER, BROKER, WATER in tank vehicles, from Creston, Iowa and requests it be held at Kansas City, Mo., CARRIER, AND FREIGHT FOR­ points within 10 miles thereof, to points or Omaha, Nebr. WARDER APPLICATIONS in Illinois, Iowa, Kansas, Minnesota, No. MC 27817 (Sub-No. 63), filed July Missouri, Nebraska, South Dakota, and 13, 1965. Applicant: H. C. GABLER, J uly 30, 1965. Wisconsin, and damaged and rejected INC., Rural Delivery No. 3, Chambers- The following applications are gov­ shipments, on return. Note : If a hear­ burg, Pa. Applicant’s attorney: Chris­ erned by Special Rule 1.2471 of the Com­ ing is deemed necessary, applicant re­ tian V. Graf, 407 North Front Street, mission’s general rules of practice (49 quests that it be held at Omaha, Nebr. Harrisburg, Pa. Authority sought to op­ CPR 1.247), published in the F ederal No. MC 1855 (Sub-No. 11), filed July erate as a common carrier, by motor ve­ Register, issue of December 3, 1963, ef­ 14, 1965. Applicant: SCHWENZER hicle, over irregular routes, transporting: fective January 1, 1964. These rules BROS., INC., 767 St. George Avenue, Canned goods, from points in Shenan­ provide, among other things, that a pro­ Woodbridge, N.J. Applicant’s attorney: doah County, Va., to points in Penn­ test to the granting of an application William J. Augello, Jr., 2 West 45th sylvania, Maryland, Delaware, West must be filed with the Commission with­ Street, New York, N.Y., 10036. Au­ Virginia, Ohio, New York, New Jersey, in 30 days after date of notice of filing thority sought to operate as a con­ and the District of Columbia. Note: If of the application is published in the tract carrier, by motor vehicle, over a hearing is deemed necessaiy, applicant Federal R egister. Failure seasonably irregular routes, transporting: (1) Pe­ requests it be held at Washington, D.C. to file a protest will be construed as a troleum, petroleum products, methanols No. MC 29613 (Sub-No. 4), filed July waiver of opposition and participation and such other general merchandise and 2, 1965. Applicant: JAYNE’S MOTOR in the proceeding. A protest under these containers as are usually dealt in and FREIGHT, INC., 860 North Avenue East, rules should comply with § 1.40 of the used in the conduct of the business of Elizabeth, N.J. Applicant’s representa­ general rules of practice which requires service stations, oil jobbers, garages, and tive: George A. Olsen, 69 Tonnele Ave­ that it set forth specifically the grounds consumers of suclTproducts, in shipper nue, Jersey City, N.J., 07306. Authority upon which it is made and specify with owned trailers (except in tank trailers), sought to operate as a common carrier, particularity the facts, matters, and from Sewaren, N.J., to Buffalo and Syra­ by motor vehicle, over irregular routes, things relied upon, but shall not include cuse, N.Y., and (2) empty shipper owned transporting: Bars, rods, and sheets, iron issues or allegations phrased generally. trailers, empty drums and rejected, re­ or steel, on flat bed trailers, from car­ Protests not in reasonable compliance turned and damaged material, on return rier’s terminal at Elizabeth, N.J., to with the requirements of the rules may to Newark and Sewaren, N.J. N ote: If points in Connecticut, Massachusetts, be rejected. The original and six (6) a hearing is deemed necessary, applicant and Rhode Island, restricted to ship­ copies of the protest shall be filed with requests it be held at Washington, D.C. ments having a prior movement by rail the Commission, and a copy shall be No. MC 10761 (Sub-No. 179), filed or motor carrier, and further restricted served concurrently upon applicant’s July 14, 1965. Applicant: TRANS- against tacking at Elizabeth, N.J., with representative, or applicant if no repre­ any other authority held by applicant. sentative is named. If the protest in­ AMERICAN FREIGHT LINES, INC., 1700 North Waterman Avenue, Detroit 9, N ote: If a hearing is deemed necessary, cludes a request for oral hearing, such Mich. Applicant’s attorney: Howell applicant requests it be held at Wash­ request shall meet the requirements of Ellis, Suite 616-618, Fidelity Building, ington, D.C. § 1.247 (d) (4) of the special rule. Sub­ 111 Monument Circle, Indianapolis 4, No. MC 30226 (Sub-No. 8), filed July sequent assignment of these proceedings Ind. Authority sought to operate as a 8, 1965. Applicant: HOWELL TRUCK­ for oral hearing, if any, will be by Com­ common carrier, by motor vehicle, over ING COMPANY, INC., 1 Frozen Food mission order which will be served on Plaza, Secaucus, N.J. Applicant’s attor­ each party of record. irregular routes, transporting: Meats, meat products, meat byproducts, and ney: Martin Werner, 2 West 45th Street, The publications hereinafter set forth New York 36, N.Y. Authority sought to reflect the scope of the applications as articles distributed by meat packing­ houses as described in appendix I to the operate as a contract carrier, by mo­ filed by applicants, and may include tor vehicle, over irregular routes, trans­ descriptions, restrictions, or limitations report in Descriptions in Motor Carrier Certificates, 61 M.C.C, 209 (272-273), porting: Returned, refused and rejected which are not in a form acceptable to shipments of frozen foods, and foods, the Commission. Authority which ulti­ from the plantsite of Farm Best, Inc., located at or near Denison and Iowa other than frozen in vehicles equipped mately may be granted as a result of the with mechanical refrigeration (except applications here noticed will not neces­ Falls, Iowa, to points in Connecticut, Delaware, Maine, Maryland, Massachu­ commodities in bulk, in tank and hop­ sarily reflect the phraseology set forth in per type vehicles), from points in the application as filed, but also will setts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Ver­ New Jersey, Fairfield County, Conn., and eliminate any restrictions which are not Dutchess, Nassau, Orange, Putnam, acceptable to the Commission. mont, Virginia, West Virginia, Wiscon­ sin, and the District of Columbia, and Rockland, Suffolk, Ulster, and West­ No. MC 263 (Sub-No. 163), filed July chester Counties, N.Y., to New York, 12. 1965. Applicant: GARRETT refused and rejected shipments on re­ FREIGHTLINES, INC., 2055 Garrett turn. N ote : If a hearing is deemed nec­ N.Y., and Jersey City, N.J. N ote : Appli­ Way, Pocatello, Idaho. Applicant’s at­ essary, applicant requests it be held at cant states the proposed operation will torney: Maurice H. Greene, Post Office Kansas City, Mo., or Omaha, Nebr. be performed under a continuing con­ Box 1554, Boise, Idaho. Authority No. MC 26739 (Sub-No. 48), filed July tract, or contracts with the Great At­ sought to operate as a common carrier, 19, 1965. Applicant: CROUCH BROS., lantic & Pacific Tea Co., Inc., of New INC., Transport Building, St. Joseph, York, N.Y., and Gristede Bros., Inc., of ^Copies of Special Rule 1.247 can be obtained by writing to the Secretary, Inter­ Mo., 64501. Applicant’s representative: New York, N.Y. Applicant is presently state Commerce Commission, Washington, George W. Keefer, 514 Francis Street, St. authorized in MC 30226, Sub 5 to trans­ DC.. 20423. Joseph, Mo., 64501. Authority sought to port frozen foods, and foods other than 9704 \ NOTICES frozen for the two named shippers, from miles from Aurora), as an off-route necessary, applicant requests it be held all of the above-mentioned origin terri­ point; and (2) between New Bern and at Des Moines, Iowa. tory to New York, N.Y., and Jersey City, Aurora, N.C., from New Bern over North No. MC 42405 (Sub-No. 25), filed July N.J., and therefore seeks only authority Carolina Highway 55 to junction North 16, 1965. Applicant: MISTLETOE EX­ for the transportation of returned, re­ Carolina Highway 306, thence over North PRESS SERVICE, a corporation, 111 fused and rejected shipments in the re­ Carolina Highway 306 to junction North Harrison, Oklahoma City, Okla. Appli­ verse direction. If a hearing is deemed Carolina Highway 33, thence over North cant’s attorney: Max G. Morgan, 443-54 necessary, applicant requests it be held Carolina Highway 33 to Aurora and re­ American National Building, Oklahoma at New York, N.Y. turn over the same route, serving no in­ City 2, Okla. Authority sought to oper­ No. MC 30844 (Sub-No. 191), filed termediate points and serving the plant- ate as a common carrier, by motor ve­ July 9, 1965. Applicant: KROBLIN RE­ site of Texas Gulf Sulphur Co. (on the hicle, over regular routes, transporting: FRIGERATED XPRESS, INC., Post Of­ south bank of the Pamlico River, ap­ General commodities (except classes A fice Box 5000, Waterloo, Iowa. Appli­ proximately 7 air miles from Aurora) as and B explosives), moving in express cant’s attorney: Truman A. Stockton, an off-route point. N ote: If a hearing service, (1) between Hollis, Okla., and Jr., The 1650 Grant Street Building, is deemed necessary, applicant requests Wheeler, Tex., from Hollis over U.S. Denver 3, Colo. Authority sought to op­ it be held at Washington, D.C. Highway 62 to junction UJ3. Highway erate, as a common carrier, by motor No. MC 41240 (Sub-No. 9), filed July 83, thence over U.S. Highway 83 to vehicle, over irregular routes, transport­ 12, 1965. Applicant: NELSON TRUCK­ Wheeler, and return over the same route, ing: Frozen foods, from North East, ING SERVICE, INC., Mediapolis, Iowa. serving all intermediate points; (2) be­ Pa., to points in Colorado, Iowa, Kansas, Applicant’s representative: Kenneth F. tween junction U.S. Highway 62 and Minnesota, Missouri, Nebraska, and Wis­ Dudley, 901 South ^Madison Avenue, Texas Highway 1642 and Wellington, consin. N ote: If a hearing is deemed Post Office 279, Ottumwa, Iowa, 52502. Tex., from said junction over Texas necessary, applicant does not specify Authority sought to operate as a com­ Highway 1642 to Dodson, Tex., thence place of hearing.** mon carrier, by motor vehicle, over reg­ over Texas Highway 338 to Wellington, No. MC 30844 (Sub-No. 192), filed ular routes, transporting: General com­ and return over the same route, serving July 9,1965. Applicant: KROBLIN RE­ modities (except those of unusual value, all intermediate points; (3) between FRIGERATED XPRESS, INC., Post Of­ and except classes A and B explosives, Shamrock, Tex., and Erick, Okla., over fice Box 5000, Waterloo, Iowa. Appli­ household goods as defined in Practices U.S. Highway 66, serving all intermediate cant’s attorney: Truman A. Stockton, of Motor Common Carriers of House­ points; (4) between Wheeler, Tex., and Jr., The 1650 Grant Street Building, hold Goods, 17 M.C.C. 467, commodities Sayre, Okla., from Wheeler over Texas Denver 3, Colo. Authority sought to op­ in bulk, and those injurious or contam­ Highway 152 to the Texas-Oklahoma erate, as a common carrier, by motor inating to other lading), serving the State line, thence over Oklahoma High­ vehicle, over irregular routes, transport­ plantsite of Bethlehem Steel Co. located way 152 to Sayre, and return over the ing : Foodstuffs, from North Chicago, HI., in Porter County, Ind., as an off-route same route, serving no intermediate to points in Iowa, Missouri, Minnesota, point in connection with applicant’s points, as an alternate route for operat­ Nebraska, Colorado, Kansas, Oklahoma, authorized regular-route between Chi­ ing convenience only; and (5) between Texas, and Arkansas. N ote : If a hear­ cago, 111., and Mediapolis, Iowa. N ote: Wheeler, Tex., and junction Oklahoma ing is deemed necessary, applicant re­ If a hearing is deemed necessary, appli­ Highway 6 and U.S. Highway 66 near quests it be held at Chicago, I1L cant requests it be held at Chicago, 111. Elk City, Okla., from Wheeler over Texas No. MC 30844 (Sub-No. 193), filed No. MC 41404 (Sub-No. 60), filed July Highway 152 to Texas-Oklahoma State July 9,1965. Applicant: KROBLIN RE­ 16, 1965. Applicant: ARGO-COLLIER line, thence over Oklahoma Highway 152 FRIGERATED XPRESS, INC., Post Of­ TRUCK LINES CORPORATION, Post to junction Oklahoma Highway 6, thence fice Box 5000, Waterloo, Iowa. Appli­ Office Box 151, Fulton Highway, Martin, over Oklahoma Highway 6 to junction cant’s attorney: Truman A. Stockton, Tenn. Authority sought to operate as a U.S. Highway 66 near Elk City, and re­ Jr., The 1650 Grant Street Building, common carrier, by motor vehicle, over turn over the same route, serving no Denver 3, Colo. Authority sought to op­ irregular routes, transporting: Meats, intermediate points, as an alternate erate as a common carrier, by motor meat products, and meat byproducts, and route for operating convenience only. vehicle, over irregular routes, transport­ articles distributed by meat packing­ N ote: Applicant states that it intends ing: Foodstuffs (except commodities in houses as described in sections A and C to tack the above proposed authority bulk in tank vehicles), from Champaign, to the report in Descriptions in Motor with that authority previously granted 111., to points in Arkansas, Colorado, Carrier Certificates, 61 M.C.C. 209 and in Certificate No. MC 42405, Sub 1 and Iowa, Kansas, Minnesota, Missouri, 766, from Phelps City, Mo., to points in other subs, wherein applicant is au­ Nebraska, Oklahoma, and Wisconsin. Alabama, Florida, Georgia, Kentucky, thorized to serve points in the state of N ote: If a hearing is deemed necessary, Louisiana, Mississippi, North Carolina, Arkansas, Kansas, Missouri, Oklahoma, applicant requests it be held at Washing­ South Carolina, and Tennessee. Re­ and Texas. N ote: If a hearing is ton, D.C. striction: Applicant states that the above deemed necessary, applicant requests it No. MC 31389 (Sub-No. 71), filed June transportation will be restricted against be held at Oklahoma City, Okla. 25, 1965. Applicant: McLEAN TRUCK­ the transportation of commodities in No. MC 42487 (Sub-No. 631), filed July ING COMPANY, a corporation, Post Of­ liquid form, In tank vehicles. N ote: If 12, 1965. Applicant: CONSOLIDATED fice Box 213, Winston-Salem, N.C. Ap­ a hearing is deemed necessary, applicant FREIGHTWAYS CORPORATION OF plicant’s attorney: Francis W. Mclnemy, requests it be held at l£ansas City, Mo., or DELAWARE, 175 Linfield Drive, Menlo 1000 16th Street NW., Washington, D.C., Des Moines, Iowa. Park, Calif. Applicant’s attorney: 20036. Authority sought to operate as No. MC 41404 (Sub-No. 61), filed July Robert C. Stetson, 175 linfield Drive, a common carrier, by motor vehicle, over 19, 1965. Applicant: ARGO-COLLIER Menlo Park, Calif. Authority sought to regular routes, transporting: General TRUCK LINES CORPORATION, Post operates as a common carrier, by motor commodities (except those of unusual Office Box 151, Fulton Highway, Martin, vehicle, over irregular routes, transport­ value, classes A and B explosives, house­ Tenn., 38237. Authority sought to oper­ ing: Lime, in bulk from Portland, Oreg-» hold goods as defined by the Commission, ate as a common carrier, by motor ve­ to points in Washington. N ote: If a commodities in bulk, commodities re­ hicle, over irregular routes, transport­ hearing is deemed necessary, applicant quiring special equipment and those ing: Meats, meat products and meat requests it be held at Portland, Oreg. injurious or contaminating to other byproducts, dairy products, and articles No. MC 45736 (Sub-No. 17), filed July lading), (1) between Greenville and distributed by meat packinghouses and 15, 1965. Applicant: GUIGNARD Aurora, N.C., from Greenville over U.S. such commodities as are used by meat- FREIGHT LINES, INC., 646 Atando Highway 264 to junction North Carolina packers in the conduct of their business Avenue, Charlotte, N.C., 28206. Appli­ when destined to and for use by meat- cant’s representative: W. Delbert Turn­ Highway 33, thence over North Carolina packers, from points in Iowa, to points er, Sr., 1415 East Boulevard, Post Office Highway 33 to Aurora, and return over in Illinois, Kansas, Minnesota, Missouri, Box 3661, Charlotte, N.C., 28203. Au­ the same route, serving no intermediate Nebraska, and Wisconsin, restricted thority sought to operate as a common points and serving the plantsite of Texas against the transportation of hides and carrier, by motor vehicle, over irregular Gulf Sulphur Co. (on the south bank of pelts and commodities in bulk in tank routes, transporting: Plywood, from the the Pamlico River, approximately 7 air vehicles. Note: If a hearing is deemed plantsite of Multi-Ply Corp. located at W ednesday, A u gu st 4, 1965 FEDERAL REGISTER 9705 Charlotte, N.C., to points in Florida, necessary, applicant requests it be held cant’s representative: Frank C. Philips, Note: If a hearing is deemed necessary, at Kansas City, Mo. Post Office Box 612, Winston-Salem, N.C. applicant requests it be held at Char­ No. MC 55236 (Sub-No. 107), filed July Authority sought to operate as a common lotte, N.C. 12, 1965. Applicant: OLSON TRANS­ carrier, by motor vehicle, over irregular No. MC 51146 (Sub-No. 19), filed July PORTATION COMPANY, A corporation, routes, transporting: Paper (wrapping 6, 1965. Applicant: SCHNEIDER 1970 South Broadway, Green Bay, Wis. paper, printing paper, and pulpboard), TRANSPORT & STORAGE, INC., 817 Authority sought to operate as a com­ from Canton, Asheville, and Waynesville, McDonald Street, Green Bay, Wis. Au­ mon carrier, by motor vehicle, over ir­ N.C., to points in Michigan on and south thority sought to operate as a common regular routes, transporting: Animal of Michigan Highway 21 and Toledo, carrier, by motor vehicle, over irregular and poultry feed ingredients, in bulk and Ohio. N ote : The purpose of this repub­ routes, transporting: Iron and steel, and in bags, from Montpelier, Iowa, and lication is to broaden the destination iron and steel articles, from Sterling and points within five (5) miles thereof, to territory. If a hearing is deemed neces­ Rock Falls, HI., to points in Wisconsin. points in Arkansas, Kentucky, Michigan, sary, applicant requests it be held at Note: If a hearing is deemed necessary, Mississippi, Ohio, Pennsylvania, and Washington, D.C. applicant requests it be held at Chicago, Tennessee. N ote: If a hearing is deemed No. MC 69492 (Sub-No. 31), filed HI. necessary, applicant requests it be held July 12, 1965. Applicant: HENRY ED­ No. MC 53965 (Sub-No. 39), filed July at Davenport, Iowa. WARDS, doing business as HENRY ED­ 19, 1965. Applicant: GRAVES TRUCK No. MC 59368 (Sub-No. 5), filed July WARDS TRUCKING COMPANY, Post LINE, INC., 739 North 10th, Post Office 13, 1965. Applicant: ELDON O. Office Box 97, Clinton, Ky. Applicant’s Box 838, Salina, Kans. Applicant’s at­ BRIGHT, doing business as BRIGHT’S attorney: Walter Harwood, Nashville torney: John E. Jandera, 641 Harrison FREIGHT SERVICE, Rural Route No. Bank & Trust Building, Nashviile 3, Street, Topeka, Kans., 66603. Authority 3, Topeka, Kans. Applicant’s attorney: Tenn. Authority sought to operate as sought to operate as a common carrier, John E. Jandera, 641 Harrison Street, a common carrier, by motor vehicle, over by motor vehicle, over irregular routes, Topeka, Kans., 66603. Authority sought irregular routes, transporting: Malt bev­ transporting: Meats, meat -products, to operate as a common carrier, by motor erages and related advertising materials, meat byproducts and articles distributed vehicle, over regular routes, transport­ (1) from Belleville, 111., to Clinton, Ky., by meat packinghouses, as described in ing: General commodities (except those and Union City, Tenn., and (2) from sections A and C of appendix I to the of unusual value, dangerous explosives, Union City, Tenn., to Dyersburg, and report in Descriptions in Motor Carrier and commodities requiring spècial equip­ Woodland Mills, Tenn. N ote: Appli­ Certificates, 61 M.C.C. 209 and 766 (ex­ ment) , between Topeka and Onaga, cant states that it intends to tack the cept hides and commodities in bulk, in Kans., from Topeka over U.S. Highway proposed authority with that previously tank vehicles), from the plantsite of 24 to Wamego, Kans., thence north over granted under Certificate MC 69492 and Missouri Beef Packers, Inc., located at Kansas Highway 99 to junction Kansas 69492 (Sub-No. 15), wherein applicant or near Phelps City, Mo., restricted to Highway 16 and thence over Kansas is authorized to serve points in the States traffic originating at such facilities, to Highway 16 to Onaga, and return over of Illinois, Indiana, Kentucky, Missouri, points in Missouri, Kansas, Nebraska, the same route, serving the intermediate Tennessee, and Wisconsin. If a hearing and Oklahoma. N ote: If a hearing is points of Louisville, Westmoreland, is deemed necessary, applicant requests deemed necessary, applicant requests it Blaine, and Wheaton, Kans., and the off- it be held at Nashville, Tenn. - be held at Kansas City, Mo. route points of Fostoria and Olsburg, No. MC 69833 (Sub-No. 78), filed July No. MC 53965 (Sub-No. 40), filed July Kans., and serving Onaga, Kans., for 14, 1965. Applicant: ASSOCIATED 19, 1965. Applicant: GRAVES TRUCK joinder purposes only. N ote: If a hear­ TRUCK LINES, INC., 15 Andre Street LINE, INC., 739 North 10th, Post Office ing is deemed necessary, applicant re­ SE., Grand Rapids 7, Mich. Applicant’s Box 838, Salina, Kans. Applicant’s at­ quests it be held at Topeka, Kans. attorney: Walter N. Bieneman, Suite torney: John E. Jandera, 641 Harrison No. MC 61592 (Sub-No. 42), filed July 1700, 1 Woodward Avenue, Detroit, Street, Topeka, Kans., 66603. Author­ 9, 1965. Applicant: JENKINS TRUCK Mich., 48226. Authority sought to op­ ity sought to operate as a common car­ LINE, INC., 3708 Elm Street, Bettendorf, erate as a common carrier, by motor rier, by motor vehicle, over irregular Iowa, 52722. Applicant’s attorney: Val vehicle, over regular routes, transport­ routes, transporting: Meats, meat prod­ M. Higgins, 1000 First National Bank ing: General commodities (except those ucts, meat byproducts, and articles dis­ Building, Minneapolis, Minn., 55402.™ Au­ of unusual value, classes A and B explo­ tributed by meat packinghouses, as de­ thority sought to operate as a common sives, household goods as defined by the scribed in sections A and C of appendix carrier, by motor vehicle, over irregular Commission, commodities requiring spe­ I to the report in Descriptions in Motor routes, transporting: Lumber and wood cial equipment, and those injurious or Carrier Certificates, 61 M.C.C. 209 and products, from points in Cass County, contaminating to other lading), serving 766 (except commodities in bulk, in tank Ind., to points in the United States, in­ the plantsite of Perkins Engines, Inc., vehicles), between points in Kansas. cluding Alaska (but excluding Hawaii). located on Wixom Road (near the junc­ Note: If a hearing is deemed necessary, N ote: If a hearing is deemed necessary, tion Interstate Highway 96) Oakland applicant does not specify a location. applicant requests it be held at Chicago, County, Mich., as an off-route point in No. MC 53965 (Sub-No. 41), filed HI. connection with applicant’s authorized July 19, 1965. Applicant: GRAVES No. MC 61592 (Sub-No. 44), filed July regular route operations. Note: If a TRUCK LINE, INC., 739 North 10th, 16, 1965. Applicant: JENKINS TRUCK hearing is deemed necessary, applicant Post Office Box 838, Salina, Kans. Ap­ LINE, INC., 3708 Elm Street, Betten­ requests it be held at Lansing, Mich. plicant’s attorney: John E. Jandera, dorf, Iowa, 52722. Applicant’s attorney: No. MC 72923 (Sub-No. 22), filed July 641 Harrison Street, Topeka, Kans., Val M. Higgins, 1000 First National Bank 8, 1965. Applicant: INTERSTATE 66603. Authority sought to operate as a Building, Minneapolis, Minn., 55402.- TRUCK SERVICE, INC., Martins Ferry, common carrier, by motor vehicle, over Authority sought to operate as a common Ohio. Applicant’s attorney: David Axel­ regular routes, transporting : General carrier, by motor vehicle, over irregular rod 39 South La Salle Street, Chicago 3, commodities (except those of unusual routes, transporting: Agricultural ma­ 111. Authority sought to operate as a value, classes A and B explosives, live­ chinery and grain bins, and parts there­ common carrier, by motor vehicle, over stock, household goods as defined by the of, from Davenport, Iowa, to points in irregular routes, transporting: Iron and Commission, commodities in bulk, and the United States, except Alaska and steel, and iron and steel articles, between those requiring special equipment), be­ Hawaii. N ote : If a hearing is deemed points in Pennsylvania on and west of tween Topeka, Kans., and Lincoln, Nebr., necessary, applicant requests it be held U.S. Highway 219 extending from the from Topeka, over U.S. Highway 75 to at Chicago, 111. Maryland-Pennsylvania State line near junction U.S. Highway 34, thence over No. MC 64994 (Sub-No. 60) (Amend­ Salisbury, Pa., to Ebensburg, Pa., thence U.S. Highway 34 to Lincòln, and return ment) filed May 17,1965, published F ed­ on and south of U.S. Highway 422 ex­ over the same route, serving no inter­ eral R egister issue June 16, 1965, tending from Ebensburg to Portersville, mediate points as an - alternate route amended July 21, 1965, and republished Pa., thence on and west of UJ5. Highway for operating convenience only in con­ as amended this issue. Applicant: HEN­ 19 extending from Portersville to Mercer, nection with carrier’s regular route op­ NIS FREIGHT LINES, INC., Post Office Pa., and thence on and south of U.S. erations. Note: If a hearing is deemed Box 612, Winston-Salem, N.C. Appli­ Highway 62, extending from Mercer to 9706 NOTICES the Pennsylvania-Ohio State line, on the sippi, Missouri, Nebraska, New Hamp­ regular routes, transporting: Meats, meat one hand, and, on the other, points in shire, New Jersey, New York, North Caro­ products, and meat byproducts, ■ and Illinois, Indiana, the Lower Peninsula of lina, Ohio, Oklahoma, Pennsylvania, articles distributed by meat packing­ Michigan, and St. Louis, Mo. N ote: If Rhode Island, South Carolina, Tennes­ houses, as described in sections A and C a hearing is deemed necessary, applicant see, Texas, Vermont, Virginia, West Vir­ of appendix Ito the report in Descrip­ requests it be held at Pittsburgh, Pa. ginia, Wisconsin, and the District of Co­ tions in Motor Carrier Certificates, 61 No. MC 79658 (Sub-No. 10), filed July lumbia. Applicant requests authority to M.C.C. 209 and 766 (except hides and 12, 1965. Applicant: ATLAS VAN transport household goods, as defined commodities in bulk, in tank vehicles) , LINES, INC., 1212 St. George Road, by the Commission over irregular routes from the plantsite of Missouri Beef Evansville, Ind. Applicant’s attorney: between points and places in the State Packers, Inc., located at or near Phelps Herbert Burstein, 160 Broadway, New of Nevada on the one hand, and, on the City, Mo., to points in Kansas, Illinois, York, N.Y., 10038. The purpose of the other, all points and places in the States and Indiana, restricted to traffic origi­ instant application is to enable applicant of Arizona, California, Washington, Ore­ nating at such facilities of Missouri Beef to transport household goods, as defined gon, Idaho, Utah, Montana, Wyoming, Packers, Inc. N ote: If a hearing is by the Commission, over irregular routes, Colorado, North Dakota, and New deemed necessary, applicant requests it between points in the United States ex­ Mexico. be held at Kansas City, Mo. cept Alaska and Hawaii. Applicant has (6) Furthermore, if the relief re­ No. MC 94350 (Sub-No. 132), filed July authority virtually to serve all points and quested in paragraph 4 is granted appli­ 19, 1965. Applicant: TRANSIT HOMES, places in the United States and the in­ cant will have authority to provide serv­ INC., 210 West McBee Avenue, Post Of­ stant application is to eliminate the fol­ ice directly between points and places in fice Box 1628, Greenville, S.C. Appli­ lowing gateways which restrict opera­ the State of North Dakota on the one cant’s attorney: Henry P. Willimon, tions between points and places in the hand, and, on the other, points and Greenville, S.C, Authority sought to op­ United States and for limited additional places in the States of Alabama, Ar­ erate as a common carrier, by motor authority. (1) The elimination as a kansas, Colorado, Connecticut, Delaware, vehicle, over irregular routes, transport­ gateway of that part of Texas within Florida, Georgia, Illinois, Indiana, Iowa, ing: Portable buildings traveling on their the area bounded by a line beginning at Kansas, Kentucky, Louisiana, Maine, own or removable undercarriages which Del Rio, Tex., and extending along U.S. Maryland, Massachusetts, Michigan, are designed to be joined together to Highway 90 to Sanderson, Tex., thence Minnesota, Mississippi, Missouri, Ne­ form a complete structure, èquìpped with along UJ3. Highway 285 to the Texas- braska, New Hampshire, New Jersey, hitchball coupler, excluding trailers or New Mexico State line, thence easterly New York, North Carolina, Ohio, Okla­ mobile homes designed to be drawn by and northerly along the Texas-New homa, Pennsylvania, Rhode Island, passenger automobiles, and oilfield or Mexico State line to the Texas - Oklahoma South Carolina, Tennessee, Texas, Ver­ industrial buildings, from points in New State line, thence along the Texas-Okla- mont, Virginia, West Virginia, Wisconsin, Jersey to points in Louisiana and points homa State line to U.S. Highway 83, and the District of Columbia. Appli­ in States east of the Mississippi River; thence southerly along U.S. Highway 83 cant hereby seeks authority to transport namely, Alabama, Connecticut, Delaware, to Ballinger, Tex. household goods as defined by the Com­ Florida, Georgia, Illinois, Indiana, Ken­ Thence along U.S. Highway 67 to San mission over irregular routes between tucky, Maine, Maryland, Michigan, Mas­ Angelo, Tex;, and thence along U.S. points and places in the State of North sachusetts, Mississippi, New Hampshire, Highway 277 to Del Rio, including Dakota on the one hand, and, on the New Jersey, New York, North Carolina, points on the indicated portions of the othèr, points and places in the States of Ohio, Pennsylvania, Rhode Island, South specified highways, so that service may Arizona, California, Washington, Oregon, Carolina, Tennessee, Vermont, Virginia, be provided directly between points and Idaho, Utah, Montana, Wyoming, Colo­ West Virginia, Wisconsin, and the Dis­ places in Alabama, Arkansas, Colorado, rado, Nevada, and New Mexico. N ote: trict of Columbia. N ote: If a hearing Connecticut, Delaware, Florida, Georgia, If a hearing is deemed necessary, appli­ is deemed necessary, applicant requests Illinois, Indiana, Iowa, Kansas, Ken­ cant requests it be held at Washington, it be held at Trenton, N.J. tucky, Louisiana, Maine, Maryland, D.C. No. MC 94350 (Sub-No. 133), filed Massachusetts, Michigan, Minnesota, No. MC 83539 (Sub-No. 150), filed July July 19, 1965. Applicant: TRANSIT Mississippi, Missouri, Nebraska, New 12, 1965. Applicant: C & H TRANS­ HOMES, INC., 210 West McBee Avenue, Hampshire, New Jersey, New York, North PORTATION CO., INC., 1935 West Com­ Greenville, S.C. Applicant’s attorney: Carolina, Ohio, Oklahoma, Pennsyl­ merce Street, Post Office Box 5976, Dallas, Henry P. Willimon, Greenville, S.C. vania, Rhode Island, South Carolina, Tex., 75222. Applicant’s attorney: W. T. Authority sought to operate as a common Tennessee, Texas, Vermont, Virginia, Brunson, 419 Northwest 6th Street, Okla­ carrier, by motor vehicle, over irregular West Virginia, Wisconsin, and the Dis­ homa City, Okla. Authority sought to routes, transporting: Portable buildings trict of Columbia and points and places operate as a common carrier, by motor traveling on their own or removable in Arizona, California, New Mexico, Ne­ vehicle, over irregular routes, transport­ undercarriages which are designed to be vada, Utah, Oregon, and Washington. ing: Electrical transformers which, by joined together to form a complete (2) The elimination of the gateway of reason of size or weight, require the use structure, equipped with hitchball cou­ the States of Colorado and Wyoming in of special equipment and electrical pler, excluding trailers or mobile homes providing service to all points and places transformers other than those described designed to be drawn by passenger auto­ in Arizona, Idaho, Montana, and South above when transported in mixed loads mobiles, and oil field or industrial build­ Dakota. (3) The elimination of the with shipments of transformers requir­ ings, from points in Alaska to points State of Idaho as a gateway in providing ing special equipment, from Pittsburgh, in Louisiana and points in States west service between points and places in Ari­ Pa., to points in Arizona, California, of the Mississippi River, namely, Alaska, zona on the one hand, and California Colorado, Idaho, Illinois, Indiana, Iowa, Arizona, Arkansas, California, Colorado, on the other. (4) The elimination of Kansas, Kentucky, Mississippi, Missouri, Idaho, Iowa, Kansas, Minnesota, Mis­ southwestern Minnesota as a gateway in Montana, Nebraska, Nevada, North Da­ souri, Montana, Nebraska, Nevada, New providing service to all points and places kota, Oregon, South Dakota, Utah, Wash­ Mexico, North Dakota, Oklahoma, Ore­ in North Dakota, South Dakota, and ington, and Wyoming. N ote: Applicant gon, South Dakota, Texas, Utah, Wash­ Montana. states that no duplicating authority is ington, and Wyoming. N ote: If a hear­ (5) Additionally, if the relief requested sought. If a hearing is deemed neces­ ing is deemed necessary, applicant re- in paragraph 1 above is granted, then sary, applicant requests it be held at • quests it be held at Anchorage, Alaska. applicant will have authority to provide Washington, D.C. No. MC 94350 (Sub-No. 136), filed July service between points and places in the No. MC 84511 (Sub-No. 26), filed July 19,1965. Applicant: TRANSIT HOMES, State of Nevada on the one hand, and, 12, 1965. Applicant: COMMERCIAL INC., 210 West McBee Avenue, Post Office on the other, points and places in the FREIGHT LINES, INC., 1700 West Box 1628, Greenville, S.C. Applicant’s States of Alabama, Arkansas, Colorado, Ninth Street, Kansas City, Mo., Appli­ attorney: Henry P. Willimon, Greenville, Connecticut, Delaware, Florida, Georgia, cant’s attorney: John E. Jandera, 641 S.C. Authority sought to operate as a Illinois, Indiana, Iowa, Kansas, Ken­ Harrison Street, Topeka, Kans., 66603. common carrier, by motor vehicle, over tucky, Louisiana, Maine, Maryland, Mas­ Authority sought to operate as a com­ irregular routes, transporting: Portable sachusetts, Michigan, Minnesota, Missis­ mon carrier, by motor vehicle, over ir­ buildings traveling on their own or re- W ednesday, A u gu st 4, 1965 FEDERAL REGISTER 9707 movable undercarriages which are de­ Greenville, S.C. Authority sought to op­ ing: Anhydrous ammonia, ammonium signed to be joined together to form a erate as a common carrier, by motor ve­ nitrate, urea, nitric acid, sulphuric acid, complete structure, equipped with hitch- hicle, over irregular routes, transporting: and fertilizer solutions, in bulk, in tank ball coupler, excluding trailers or mobile Portable buildings traveling on their vehicles, from the plantsite of the Amer­ homes designed to be drawn by passen­ own or removable undercarriages which ican Cyanamid Co. at South River, Mo. ger automobiles, and oilfield or industrial are designed to be joined together to (located near Palmyra), in Marion buildings, from points in North Dakota form a complete structure, equipped with County, Mo., to points in Arkansas, Illi­ to points in Louisiana and points in hitchball coupler, excluding trailers or nois, Indiana, Kansas, Iowa, Kentucky, States west of the Mississippi River; mobile homes designed to be drawn by Michigan, Missouri, Minnesota, Ne­ namely, Arizona, Arkansas, California, passenger automobiles, and oilfield or braska, North Dakota, Oklahoma, Ohio, Colorado, Idaho, Iowa, Kansas, Minne­ industrial buildings, from points in West South Dakota, Tennessee, Texas, and sota, Missouri, Montana, Nebraska, Ne­ Virginia to points in Louisana and points Wisconsin. N ote: If a hearing is deemed vada, New Mexico, North Dakota, Okla­ in States east of the Mississippi River; necessary, applicant requests it be held homa, Oregon, South Dakota, Texas, namely, Alabama, Connecticut, Dela­ at St. Louis, Mo. Utah, Washington, Wyoming, and ware, Florida, Georgia, Illinois, Indiana, No. MC 103880 (Sub-No. 342), filed Alaska. N ote : If a hearing is deemed Kentucky, Maine, Maryland, Michigan, July 9, 1965. Applicant: PRODUCERS necessary, applicant requests it be held Massachusetts, Mississippi, New,Hamp­ TRANSPORT, INC., 215 East Waterloo at Bismarck, N. Dak. shire, New Jersey, New York, North Road, Akron, Ohio. Applicant’s attor­ No. MC 94350 (Sub-No. 137), filed July Carolina, Ohio, Pennsylvania, Rhode Is­ ney: David Axelrod, 39 South La Salle 19.1965. Applicant: TRANSIT HOMES, land, South Carolina, Tennessee, Ver­ Street, Chicago 3, 111. Authority sought INC., 210 West McBee Avenue, Post Of­ mont, Virginia, West Virginia, Wiscon­ to operate as a common carrier, by motor fice Box 1628, Greenville, S.C. Appli­ sin, and the District of Columbia. vehicle, over irregular routes, trans­ cant’s attorney: Henry P. Willimon, N ote: If a hearing is deemed necessary, porting: Anhydrous ammonia and fertil­ Greenville, S.C. Authority sought to op­ applicant requests it be held at Charles­ izer solutions, in bulk, in tank vehicles, erate as a common carrier, by motor ve­ ton, W. Va. from Consumers Cooperative Association hicle, over irregular routes, transport­ No. MC 94350 (Sub-No. 140), filed July located at or near Fort Dodge, Iowa, to ing: Portable buildings, traveling on 19,1965. Applicant: TRANSIT HOMES, points in Illinois, Indiana, Kansas, their own or removable undercarriages INC., 210 West McBee Avenue, Post Of­ Minnesota, Missouri, Nebraska, North which are designed to be joined together fice Box 1628, Greenville, S.C. Appli­ Dakota, and South Dakota and returned to form a complete structure, equipped cant’s attorney: Henry P. Willimon, and rejected shipments, on return. with hitchball coupler, excluding trailers Box 1075, Greenville, S.C. Authority Note: If a hearing is deemed necessary, or mobile homes designed to be drawn sought to operate as a common car­ applicant requests it be held at Kansas by passenger automobiles, and oilfield rier, by motor vehicle, over irregular City, Mo. or industrial buildings, from points in routes, transporting: Portable build­ No. MC 103880 (Sub-No. 343), filed Massachusetts to points in Louisiana and ings traveling on their own or remov­ July 15,1965. Applicant: PRODUCERS points in States east of the Mississippi able undercarriages which are de­ TRANSPORT, INC., 215 East Waterloo River; namely, Alabama, Connecticut, signed to be joined together to form Road, Akron, Ohio. Applicant’s attor­ Delaware, Florida, Georgia, Illinois, In­ a complete structure, equipped with ney: Carl L. Steiner, 39 South La Salle diana, Kentucky, Maine, Maryland, hitchball coupler, excluding trailers or Street, Chicago 3, 111. Authority sought Michigan, Massachusetts, Mississippi, mobile homes designed to be drawn by to operate as a common carrier, by motor New Hampshire, New Jersey, New York, passenger automobiles, and oilfield or vehicle, over irregular routes, transport­ North Carolina, Ohio, Pennsylvania, industrial buildings, from points in New ing: Soybean meal, in bulk, in tank and Rhode Island, South Carolina, Tennes­ Hampshire to points in Louisiana and hopper type vehicles, from Chicago, 111., see, Vermont, Virginia, West Virginia, pointe in States east of the Mississippi to the port of entry on the international Wisconsin, and the District of Columbia. River, namely, Alabama, Connecticut, boundary line between the United States Note: If a hearing is deemed necessary, Delaware, Florida, Georgia, Illinois, Indi­ and Canada located at Detroit, Mich. applicant requests it be held at Boston, ana, Kentucky, Maine, Maryland, Michi­ N ote: If a hearing is deemed necessary, Mass. gan, Massachusetts, Mississippi, New applicant requests it be held at Chicago, No. MC 94350 (Sub-No. 138), filed July Hampshire, New Jersey, New York, North 111. 19.1965. Applicant: TRANSIT HOMES, Carolina, Ohio, Pennsylvania, Rhode Is­ No. MC 103880 (Sub-No. 344), filed INC., 210 West McBee Avenue, Post Of­ land, South Carolina, Tennessee, Ver­ July 15, 1965. Applicant: PRODUC­ fice Box 1628, Greenville, S.C. Appli­ mont, Virginia, West Virginia, Wisconsin, ERS TRANSPORT, INC., 215 East Wa­ cant’s attorney: Henry P. Willimon, Box and the District of Columbia. Note : If a terloo Road, Akron, Ohio. Applicant’s 1075, Greenville, S.C. Authority sought hearing is deemed necessary, applicant attorney: Carl L. Steiner, 39 South La to operate as a common carrier, by mo­ requests it be held at Concord, N.H. Salle Street, Chicago 3, 111. Authority tor vehicle, over irregular routes, trans­ No. MC 103654 (Sub-No. 92), filed July sought to operate as a common carrier, porting: Portable buildings traveling on 12, 1965. Applicant: SCHIRMER by motor vehicle, over irregular routes, their own or removable undercarriages TRANSPORTATION COMPANY, IN­ transporting: Anhydrous ammonia, ni­ which are designed to be joined together CORPORATED, 1145 Homer Street, St. trogen fertilizer solution, aqua ammonia, to form a complete structure, equipped Paul 16, Minn. Applicant’s attorney :- in bulk, in tank vehicles, and fertilizer with hitchball coupler, excluding trailers Donald A. Morken, 1000 First National and fertilizer ingredients, in bulk, (1) or mobile homes designed to be drawn Bank Building, Minneapolis, Minn., from the plantsite of the Tuloma Gas by passenger automobiles, and oil field or 55402. Authority sought to operate as Products Co. at Peoria, 111., to points in industrial buildings, from points in a common carrier, by motor vehicle, over Iowa, Indiana, Michigan, Minnesota, Wyoming to points in Louisiana and irregular routes, transporting: Dry fer­ Missouri, Ohio, South Dakota, and Wis­ Points in States west of the Mississippi tilizer and dry fertilizer ingredients, in consin, and (2) from the plantsite of the River, namely, Alaska, Arizona, Ar­ bulk, from Minneapolis, St. Paul, Savage, Tuloma Gas Products Co. at Burlington, kansas, California, Colorado, Idaho, and Winona, Minn., to points in Wiscon­ Iowa, to points in Illinois, Indiana, Mich­ Iowa, Kansas, Minnesota, Missouri, sin, North Dakota, South Dakota, Iowa, igan, Minnesota, Missouri, Nebraska, Montana, Nebraska, Nevada, New Mexi­ and Minnesota. Note: If a hearing is South Dakota, and Wisconsin. Note : If co, North Dakota, Oklahoma, Oregon, deemed necessary, applicant requests it a hearing is deemed necessary, applicant South Dakota, Texas, Utah, Washington, be held at Minneapolis, Minn. requests it be held at Chicago, 111. and Wyoming. Note: If a hearing is No. MC 103880 (Sub-No. 341), filed No. MC 104654 (Sub-No. 139), filed deemed necessary, applicant requests it July 9, 1965. Applicant: PRODUCERS July 12, 1965. Applicant: COMMER­ be held at Cheyenne, Wyo. TRANSPORT, INC., 215 East Waterloo CIAL TRANSPORT, INC., Post Office No. MC 94350 (Sub-No. 139), filed July Road, Akron, Ohio. Applicant’s attor­ Box 297, Belleville, 111. Applicant’s at­ J9.1965. Applicant: TRANSIT HOMES, ney: David Axelrod, 39 South La Salle torney: James E. Wilson, 1735 K Street RiC., 210 West McBee Avenue, Post Of- Street, Chicago 3, HI. Authority sought NW., Washington, D.C., 20006. Author­ 1106.,®°x-J-628, Greenville, S.C. Appli- to operate as a common carrier, by motor ity sought to operate as a common car­ cant’s attorney: Henry P. Willimon, vehicle, over irregular routes, transport- rier, by motor vehicle, over irregular No. 149----- 6 9708 NOTICES routes, transporting: Cement, in bags, point of beginning. N ote: Applicant fertilizer solution, and aqua ammonia, in from the plantsite of Missouri Portland states it holds authority in MC 106163 bulk, from the plantsite of Tuloma Gas Cement Co. located at St. Louis, Mo., to to serve between Greenville, Miss., on the Products facility between East Peoria points in Illinois. N ote: If a hearing is one hand, and, on the other, Little Rock, and North Pekin, 111., to points in Iowa, deemed necessary, applicant requests it Pine Bluff, and U.S. Arsenal at Baldwin, Indiana, Michigan, Minnesota, Missouri, be held at St. Louis, Mo. Ark., and points in that part of Arkansas Ohio, South Dakota, and Wisconsin. No. MC 105733 (Sub-No. 38), filed July included in the foregoing described N ote: Common control may be involved. 12, 1965. Applicant: H. R. RITTER Arkansas territory, subject to restriction If a hearing is deemed necessary, appli­ TRUCKING CO., INC., 928 East Hazel­ against handling of traffic between Mem­ cant requests it be held at Chicago, 111. wood Avenue, Rahway, N.J. Applicant’s phis and Greenville and commercial No. MC 107496 (Sub-No. 390), filed attorney: Edmund C. Smith, 26 Broad­ zones. The purpose of this application is July 16, 1965. Applicant: RUAN way, New York, N.Y., 10004. Authority to seek authority to serve additional TRANSPORT CORPORATION, Keosau- sought to operate as a common carrier, points of Bastrop, Monroe, and West qua Way at Third, Des Moines, Iowa. by motor vehicle, over irregular routes, Monroe, La. If a hearing is deemed nec­ Authority sought to operate as a com­ transporting: Dry plastic materials, in essary, applicant requests it be held at mon carrier, by motor vehicle, over irreg­ tank and hopper type vehicles from Free­ Little Rock, Ark. ular routes, transporting: Fertilizer and town, Mass., to points in Rhode Island. No. MC 106400 (Sub-No. 56), filed July fertilizer ingredients, including but not N ote: If a hearing is deemed necessary, 12, 1965. Applicant: KAW TRANS­ limited to anhydrous ammonia, nitrogen applicant requests it be held at Washing­ PORT COMPANY, a corporation, 701 fertilizer solutions, and aqua ammonia, ton, D.C. North Sterling,, Sugar Creek, Mo., 64054. in bulk, from the plantsite of Tuloma No. MC 106163 (Sub-No. 20), filed Authority sought to operate as a common Gas Products facility, located at Burling­ June 21, 1965. Applicant: RED LINE carrier, by motor vehicle, over irregular ton, Iowa, to points in Illinois, Indiana, TRANSFER AND STORAGE COM­ routes, transporting: Glues and adhe­ Michigan, Minnesota, Missouri, Ne­ PANY, INC., 2600 West 6th Avenue, Post sives, in bulk, in tank vehicles, from Kan­ braska, South Dakota, and Wisconsin. Office Box 856, Pine Bluff, Ark. Appli­ sas City, Kans., to points in Missouri, N ote: Common control may be involved. cant’s attorney: Louis Tarlowski, Pyra­ Kansas, Oklahoma, Texas, Colorado, Ne­ If a hearing is deemed necessary, appli­ mid Life Building, Little Rock, Ark. Au­ braska, Iowa, Arkansas and Louisiana. cant requests it be held at Chicago, HI. thority sought to operate as a common Note: If a hearing is deemed necessary, No. MC 107743 (Sub-No. 6), filed July carrier, by motor vehicle, over regular applicant requests it be held at Kansas 19, 1965. Applicant: GEORGE W. routes, transporting: General commodi­ City or St. Louis, Mo. CULLY AND S. J. CULLY, JR., a part­ ties (except those of unusual value, No. MC 106674 (Sub-No. 16), filed nership, , doing business as CULLY classes A and B explosives, household July 12, 1965. Applicant: OSBORNE TRUCKING COMPANY, South 1615 goods as defined by the Commission, TRUCKING CO., INC., Vincennes, Ind. Bowdish, Spokane, Wash. Authority commodities in bulk, and those requiring Applicant’s attorney: Thomas F. Kilroy, sought to operate as a common carrier, special equipment), (1) between Pine Federal Bar Building, 1815 H Street NW., by motor vehicle, over irregular routes, Bluff, Ark., and West Monroe, La., from Washington, D.C., 20006. Authority transporting: Lumber and treated poles, Pine Bluff over U.S. Highway 65 to junc­ sought to operate as a common carrier, from points in Washington east of the tion Arkansas Highway 81, thence over by motor vehicle, over irregular routes, Cascade Mountain Range, except Col­ Arkansas Highway 81 to the Arkansas- transporting: Anhydrous ammonia, am­ ville, points in Idaho north of the Snake Louisiana State line, thence over Louisi­ monium nitrate, urea, nitric acid, sul­ ana Highway 139 to junction U.S. High­ phuric acid, and fertilizer solutions, River1 except Moyie Springs, Riggins, and way 165, thence over U.S. Highway 165 liquid, in bulk, in tank vehicles, from the Spalding, points in Montana on and west to Monroe, La., thence over U.S. Highway plantsite of the American Cyanamid Co. of U.S. Highway 89 except Bonner, Seely 80 to West Monroe, and return over the at South River, Mo. (located near Pal­ Lake, and West Yellowstone, to points in Missouri. N ote: If a hearing is deemed same routes, serving the intermediate myra) , in Marion County, Mo., to points necessary, applicant requests it be held points of Bastrop and Monroe, La. N ote : in Arkansas, Illinois, Indiana, Iowa, Applicant states that it intends to tack Kansas, Kentucky, Michigan, Minnesota, at Spokane, Wash. the above proposed authority with that Missouri, Nebraska, North Dakota, Ohio, No. MC 107839 (Sub-No. 82) (Amend­ authorized regular-route authority in Oklahoma, South Dakota, Tennessee, ment), filed July 6, 1965, published F ederal R egister issue, July 28, 1965, MC 106163 between Pine Bluff, Ark., and Texas, and Wisconsin. Note: Applicant Memphis, Tenn., and that in MC 106163 states it proposes to transport exempt and republished as amended this issue. Sub 15 between Little Rock and Pine commodities, on return. If a hearing is Applicant: DENVER-ALBUQUERQUE Bluff, Ark., subject to all restrictions deemed necessary, applicant requests it MOTOR TRANSPORT, INC., Box 16021, presently contained in said certificate, be held at St. Louis, Mo. 5135 York, Denver, Colo., 80216. Appli­ (2) irregular routes: No. MC 107496 (Sub-No. 388), filed cant’s attorney: Duane W. Acklie, Box General commodities (except those of July 15, 1965. Applicant: RUAN 2028, Lincoln, Nebr., 68501. Authority unusual value, classes A and B explosives, TRANSPORT CORPORATION, Keosau- sought to operate as a common carrier, household goods as defined by the Com­ qua Way at Third Street, Des Moines, by motor vehicle, over irregular routes, mission, commodities in bulk, and those Iowa. Applicant’s attorney: H. L. Fab- transporting: Meats, meat products, requiring special equipment), between ritz (same address as applicant). Au­ meat byproducts, dairy products, and West Monroe, Monroe, and Bastrop, La., thority sought to operate as a common articles distributed by meat packing­ on the one hand, and, on the other, carrier, by motor vehicle, over irregular houses, as described in sections A, B, and Greenville, Miss., Little Rock, Pine Bluff, routes, transporting: Fertilizer and fer­ C of appendix I to the report in Descrip­ and the site of the U.S. Arsenal Plant, at tilizer ingredients, in bulk, between tions in Motor Carrier Certificates, 61 Baldwin, Ark., and points in that part of points in Iowa and Illinois. Note: Com­ M.C.C. 209 and 766 (except liquids in Arkansas bounded by a line beginning mon control may be involved. If a hear­ bulk in tank vehicles), from Fort Worth, at Pine Bluff, Ark., and extending along ing is deemed necessary, applicant re­ Tex., and Clovis, N. Mex., to points in the southeast bank of the Arkansas River quests it be held at Des Moines, Iowa. Montana, Wyoming, North Dakota, and to the west bank of the Mississippi No. MC 107496 (Sub-No. 389), filed South Dakota, and damaged and rejected River, thence along the west bank of the July 16, ' 1965. Applicant: RUAN shipments of the above commodities, on TRANSPORT CORPORATION, Keosau- Mississippi River to the Arkansas- qua Way at Third, Des Moines, Iowa. return. N ote: The purpose of this re­ Louisiana State line, thence along the Applicant's attorney: *H. L. Fabritz, Post publication is to change the commodity Arkansas-Louisiana State line to the east Office , Box 855, Des Moines, Iowa. Au­ restriction and to add the origin point of bank of the Ouachita River (approxi­ thority sought to opérate as a common Clovis, N. Mex., and the destination mately 5 miles east of Huttig, Ark.), carrier, by motor vehicle, over irregular States of Wyoming, North Dakota, and thence along the east bank of the routes, transporting: Fertilizer and fer­ South Dakota. If a hearing is deemed Ouachita River to Morobay, Ark., and tilizer ingredients, including, but not lim­ necessary, applicant requests it be held thence along Arkansas Highway 15 to ited to anhydrous ammonia, nitrogen at Chicago, 111. Wednesday, A u gu st 4, 1965 FEDERAL REGISTER 9709 No. MC 107839 (Sub-No. 83), filed No. MC 110420 (Sub-No. 467), filed No. MC 111687 (SUb-No. 29), filed July 19, 1965. Applicant: DENVER- July 12, 1965. Applicant: QUALITY July 11, 1965. Applicant: BENJAMIN ALBUQUERQUE MOTOR TRANS­ CARRIERS, INC., 100 South Calumet H. RUEGSEGGER, Route No. 1, Kaw- PORT, INC., 5135 York Street, Denver, Street, Burlington, Wis. Applicant’s kawlin, Mich. Authority sought to op­ Colo. Authority sought to operate as a representative: Fred H. Figge, Post Of­ erate as a common carrier, by motor ve­ common carrier, by motor vehicle, over fice Box 339, Burlington, Wis., 53105. hicle, over irregular routes, transporting: irregular routes, transporting: Meats, Authority sought to operate as a common Malt beverages, from points in Franklin, meat products and meat byproducts and carrier, by motor vehicle, over irregular Pickaway, Fairfield, Madison, Licking, articles distributed by meat packing­ routes, transporting: Synthetic gums and Union, and Delaware Counties, Ohio, to houses as described in sections A and C of resins, in bulk, from South Bound Brook, points in Michigan, and empty malt bev­ appendix I to the report in Descriptions N.J., to Chicago, HI. Note: If a hearing erage containers, on return. N ote: If a in Motor Carrier Certificates, 61 M.C.C. is deemed necessary, applicant requests hearing is deemed necessary, applicant 209 and 766 (except hides and commodi­ it be held at Washington, D.C. requests it be held at Lansing, Mich. ties in bulk, in tank vehicles), from the No. MC 110420 (Sub-No. 468), filed No. MC 111812 (Sub-No. 300), filed plantsite of Missouri Beef Packers, Inc., July 15, 1965. Applicant: QUALITY July 15, 1965. Applicant: MIDWEST located at or near Phelps City, Mo., to CARRIERS, INC., 100 South Calumet COAST TRANSPORT, INC., Wilson points in Colorado, Idaho, Utah, Oregon, Street, Burlington, Wis. Applicant’s Terminal Building, Post Office Box 747, and Washington, restricted to traffic representative: Fred H. Figge, Post Of­ Sioux Falls, S. Dak., 5 7 1 0 1 . Applicant’s originating at such facilities of Missouri fice Box 339, Burlington, Wis. Au­ attorney: Donald L. Stem, 630 City Na­ Beef Packers, Inc., and damaged and thority sought to operate as a common tional Bank Building, Omaha, Nebr., rejected shipments, on return. N ote: If carrier, by motor vehicle, over irregular 68102.5 Authority sought to operate as a hearing is deemed necessary, applicant routes, transporting: Malt syrup, in a common carrier, by motor vehicle, over requests it be held at Omaha, Nebr. bulk, in tank vehicles, from Clinton, irregular routes, transporting: Food­ No. MC 108651 (Sub-No. 16), filed July Iowa, to points in Arizona, Massachu­ stuffs, from Des Moines, Fort Dodge, and 14, 1965. Applicant: ROY B. MOORE, setts, North Carolina, Pennsylvania, Webster City, Iowa, to points in Con­ INC., Post Office Box 628, Kingsport, Rhode Island, and South Carolina. necticut, Delaware, Hlinois, Indiana, Term. Applicant’s attorney: S. S. Eisen, N ote: If a hearing is deemed necessary, Maryland, Massachusetts, Michigan, 140 Cedar Street, New York 6, N.Y. Au­ applicant requests it be held at Chicago, Minnesota, New Jersey, New York, Ohio, thority sought to operate as a common HI. Pennsylvania, Rhode Island, Virginia, carrier, by motor vehicle, over irregular No. MC 110420 (Sub-No. 469), filed West Virginia, and the District of Co­ routes, transporting: Such commodities July 19, 1965. Applicant: QUALITY lumbia. N ote: If a hearing is deemed as are dealt in by wholesale and retail CARRIERS, INC., 100 South Calumet necessary, applicant requests it be held grocery stores, from Horseheads, N.Y., Street, Burlington, Wis. Applicant’s at Des Moines, Iowa. to Richmond, Va. Note: If a hearing representative: Fred H. Figge, Post Of­ No. MC 112223 (Sub-No. 72), filed July is deemed necessary, applicant requests fice Box 339, Burlington, Wis. Authority 12, 1965. Applicant: QUICKIE TRANS­ it be held at Washington, D.C. sought to operate as a common carrier, PORT COMPANY, a corporation, 501 No. MC 109132 (Sub-No. 20), filed July by motor vehicle, over irregular routes, 11th Avenue South, Minneapolis, Minn. 12, 1965. Applicant: FREIGHT WAYS, transporting: Chemicals, in bulk, be­ Applicant’s attorney: Earl Hacking, 503 INC., 1309 North Mosley, Post Office Box tween points in St. Charles Parish, La., 1 1 th Avenue South, Minneapolis, Minn., 605, Wichita, Kans. Authority sought on the one hand, and, on the other, points 55415. Authority sought to operate as a. to operate as a common carrier, by motor in Hlinois, Indiana, Iowa, Kansas, Ken­ common carrier, by motor vehicle, over vehicle, over irregular routes, transport­ tucky, Michigan, Minnesota, Missouri, irregular routes, transporting: Ammoni­ ing: Oleomargarine, shortening, lard, Nebraska, North Dakota, Ohio, South um nitrate, urea, fertilizer materials and tallow, salad dressings and table sauces Dakota, Tennessee, and Wisconsin. fertilizer ingredients, other than liquid, (except commodities in bulk in tank ve­ Note: If a hearing is deemed necessary, from the plantsite of the American Cy- hicles) , from points in Morgan County, applicant requests it be held at New anamid Co., located at South River (near HI., to points in Missouri, Kansas, and Orleans, La. Palmyra), Marion County, Mo., to points Oklahoma Note: If a hearing is No. MC 110698 (Sub-No. 309), filed in Iowa, Minnesota, North Dakota, South deemed necessary, applicant requests it July 20, 1965. Applicant: RYDER Dakota, and Wisconsin. N ote : If a hear­ be held at S t Louis, Mo„ or Springfield, TANK LINE, INC., Winston Road, Post ing is deemed necessary, applicant re­ Office Box 8418, Greensboro, N.C. Ap­ quests it be held at St. Louis, Mo. No. MC 109351 (Sub-No. 3), filed July plicants’ attorney: Francis W. Mclnemy, No. MC 112520 (Sub-No. 118) (Amend­ 12, 1965. Applicant: G & E TRUCKING 1000 16th Street NW., Washington, D.C., ment) filed April 14, 1965, published CG, a corporation^. 1230 Taylor Street 20036. Authority sought to operate as a F ederal R egister, issue of May 5, 1965, NW., Grand Rapids, Mich. Applicant’s common carrier, by motor vehicle, over amended J.uly 21, 1965, and republished attorney: Quentin A. Ewert, Union Sav­ irregular routes, transporting: Phos­ as amended this issue. Applicant: MC­ ings & Loan Building, 117 West Allegan phate products, liquid and dry, in bulk, KENZIE TANK LINES, Inc., New Quincy Street, Lansing, Mich., 48933. Authority from points in Beaufort County, N.C., Road, Tallahassee, Fla. Applicant’s at­ sought to operate as a contract carrier, south of the Pamlico River and east of torney: Sol H. Proctor, 1730 American by motor vehicle, over irregular routes, Durham Creek to points in North Caro­ Heritage life Building, Jacksonville, “unsporting : Paper mill supplies, from lina, South Carolina, and Virginia. Fla. Authority sought to operate as a upcago, HI., to Childsdale, Mich. Note: N ote: Common control may be involved. common carrier, by motor vehicle, over h a hearing is deemed necessary, appli­ If a hearing is deemed necessary, appli­ irregular routes, transporting: Commod­ cant requests it be held at Lansing, Mich. cant requests that it be held at Raleigh, ities in bulk, having prior or subsequent No. MC 110420 (Sub-No. 466), filed N.C. movement by rail, water or pipeline, be­ S £ « 12, 1965- Applicant: QUALITY No. MC 110988 (Sub-No. 137), filed tween points in Alabama, Arkansas, ^ARRIERS, INC., 100 South Calumet July 16, 1965. Applicant: KAMPO Florida, Georgia, Louisiana, Mississippi, treet, Burlington, Wis. Applicant’s rep­ TRANSIT, INC., 200 West Cecil Street, Missouri, Oklahoma, Tennessee, and resentative: Fred H. Figge, Post Office Neenah, Wis. Applicant’s attorney: E. Texas. N ote: Common control may be Box 339, Burlington, Wis., 53105. Au- Stephen Heisley, Transportation Build­ involved. The purpose of- this republi­ nority sought to operate as a common ing, Washington, D.C., 20006. Authority cation is to set forth that the application earner, by motor vehicle, over irregular sought to operate as a common carrier, has been amended to show that the pro­ routes, transporting: Acids and chemi- by motor vehicle, over irregular routes, posed transportation will have a prior cate in bulk, from points in Buchanan, transporting: Fertilizer, from East St. or subsequent movement by rail, water Louis, 111., and points within 10 miles or pipeline. If a hearing is deemed in ton, and Lafayette Counties, Mo., to thereof, to points in Indiana, Missouri, necessary, applicant requests it be held Points in Illinois, Indiana, Iowa, and Iowa, Kentucky, Tennessee, Arkansas, at Chicago, I1L *0, Note: If a hearing is deemed Wisconsin, and Illinois. N ote : If a hear­ No. MC 112750 (Sub-No, 215), filed necessary, applicant requests it be held ing is deemed necessary, applicant re­ July 16, 1965. Applicant: ARMORED at Kansas City, Mo. quests it be held at St. Louis, Mo. CARRIER CORPORATION, 222-17 9710 NOTICES Northern Boulevard, Bayside, N.Y. Ap­ by motor vehicle, over irregular routes, vehicle, over irregular routes, transport­ plicant’s attorney: Claude J. Jasper, 111 transporting: (1) Phosphate products, ing : Frozen foods, and advertising matter South Fairchild, Madison, Wis. Au­ in bulk, and (2) phosphatic fertilizer and/or premiums when transported with, thority sought to operate as a contract solutions, in bulk, from points in Beau­ and as part of frozen food shipments carrier, by motor vehicle, over irregular fort County, N.C., south of the Pamlico from Buffalo, N.Y., to points in Colorado, routes, transporting: Commercial papers, River and east of Durham Creek to points Iowa, Kansas, Maine, Minnesota, Mis­ documents, and uoritten instruments, in­ in Virginia, South Carolina, and North souri, Nebraska, New Hampshire, North cluding originals and copies of checks, Carolina, and refused and unclaimed Dakota, South Dakota, Vermont, and drafts, notes, money orders, travelers’ products, on return. N ote: If a hearing Wisconsin, and returned and rejected checks, and cancelled bonds, and ac­ is deemed necessary, applicant requests shipments on return. Note: If a hear­ counting papers relating thereto, includ­ it be held at Washington, D.C. ing is deemed necessary, applicant re­ ing originals and copies of cash letters, No. MC 113362 (Sub-No. 78), filed July quests it be held at Buffalo, N.Y. letters of transmittal, summary sheets, 12, 1965. Applicant: ELLSWORTH No. MC 114019 (Sub-No. 141), filed adding machine tapes, deposit records, FREIGHT LINES, INC., 220 East Broad­ July 14, 1965. Applicant: MIDWEST withdrawal slips, and debit and credit way, Eagle Grove, Iowa. Applicant’s EMERY FREIGHT SYSTEM, INC., 7000 records (except coin, currency, bullion attorney: William J. Boyd, 30 North La South Pulaski Road, Chicago, HI. Appli­ and negotiable securities) under continu­ Salle Street, Chicago 2, HI. Authority cant’s attorney: Carl L. Steiner, 39 South ing contracts with banks and banking in­ sought to operate as a common carrier, La Salle Street, Chicago 3, HI. Authority stitutions only, namely, national banks, by motor vehicle, over irregular routes, sought to operate as a common carrier, State banks, Federal Reserve banks, sav­ transporting: Foodstuffs, canned, pre­ by motor vehicle, over irregular routes, ings and loan associations, and savings pared, or preserved (other than frozen), transporting: Glassware, glass bottles, banks, between Sioux City, Iowa, on the from Fruitland, Md., and points in Sus­ and glass jars, glass jar and bottle caps one hand* and, on the other, points in sex County, Del., to points in Wisconsin, and covers and cartons for glass bottles Antelope, Boyd, Burt, Cedar, Cuming, Minnesota, Iowa, Kansas, Nebraska, and and glass jars, in mixed and straight Dakota, Dixon, Holt, Knox, Madison, Missouri. N ote: If a hearing is deemed loads, from Mundelein and Plainfield, Pierce, Stanton, Thurston, and Wayne necessary, applicant requests it be held HI., to points in Indiana, Iowa, Michigan, Counties, Nebr., and points in Bon at Washington, D.C. Minnesota, Ohio, Wisconsin; points in Homme, Charles, Clay, Douglas, Hutch­ No. MC 113651 (Sub-No. 89), filed July that part of Missouri on and east of U.S. inson, Lincoln, Minnehaha, Turner, 16, 1965. Applicant: INDIANA RE­ Highway 63, and points in that part of Union, and Yankton Counties, S. Dak. FRIGERATOR LINES, INC., 2404 North Kentucky on and west of U.S. Highway N ote: Applicant holds temporary au­ Broadway, Muncie, Ind. Applicant’s 27, and rejected shipments, 'on return. thority to conduct operations as a com­ attorney: Henry A. Dillon (same address N ote: If a hearing is deemed necessary, mon carrier in MC 111729 and subs as applicant). Authority sought to op­ applicant requests it be held at Washing­ thereto. If a hearing is deemed neces­ erate as a common carrier, by motor ve­ ton, D.C. sary, applicant requests it be held at hicle, over irregular routes, transporting: No. MC 114045 (Sub-No. 181), filed Sioux City, Iowa. Meats, meat products, meat byproducts, Jqly 13, 1965. Applicant: TRANS-COLD No. MC 112893 (Sub-No. 29), filed July and articles distributed by meat pack­ EXPRESS, INC., Post Office Box 5842, 19, 1965. Applicant: BULK TRANS­ inghouses, as described in sections A and Dallas, Tex. Authority sought to oper­ PORT COMPANY, a corporation, 100 C of appendix I to the report in Descrip­ ate as a common carrier, by motor ve­ South Calumet Street, Burlington, Wis. tions in Motor Carrier Certificates, 61 hicle, over irregular routes, transport­ Applicant’s representative: Fred H. M.C.C. 209 and 766 (except hides and ing: Foodstuffs (except fruit, grape juice, Figge, Post Office Box 339, Burlington, commodities in bulk, in tank vehicles), jams, jellies, preserves, tomato juice, and Wis. Authority sought to operate as a from the plantsite and/or the cold stor­ fruit beverages), from North East, Pa., common carrier, by motor vehicle, over age facilities of Missouri Beef Packers, to points in Tennessee, Alabama, Missis­ irregular routes, transporting: Petroleum Inc., located at or near Phelps City, Mo., sippi, and Louisiana. N ote: If a hear­ and petroleum products, in bulk, in tank to points in Maine, Vermont, New Hamp­ ing is deemed necessary, applicant vehicles, from Pana, 111., to points in shire, Massachusetts, Connecticut, Rhode requests it be held at Pittsburgh, Pa. Iowa, Minnesota, and Wisconsin. N ote: Island, New York, New Jersey, Pennsyl­ No. MC 114274 (Sub-No. 6), filed July If a hearing is deemed necessary, appli­ vania, Delaware, Maryland, Virginia, 12, 1965. Applicant: ELMER VITALIS, cant requests it be held at Chicago, HI. West Virginia, Ohio, Indiana, Kentucky, doing business as VITALIS TRUCK No. MC 113267 (Sub-No. 156), filed Tennessee, North Carolina, Michigan, LINES, 1656 East Grand Avenue, Des July 19, 1965. Applicant: CENTRAL & South Carolina, Georgia, Florida, Ala­ Moines, Iowa. Applicant’s represent­ SOUTHERN TRUCK LINES, INC., 312 bama, Louisiana, Mississippi, and the ative: William A. Landau, 1307 East Wal­ West Morris, Caseyville, 111. Applicant’s District of Columbia. N ote : If a hearing nut, Des Moines, Iowa, 50316. Authority attorney: R. H. Burroughs, 116 East is deemed necessary, applicant does not sought to operate as a common carrier, Main Street, Collinsville, HI. Authority specify a location. by motor vehicle, over irregular routes, sought to operate as a common carrier, No. MC. 113843 (Sub-No. 91) (Correc­ transporting: Meats, meat products, by motor vehicle, over irregular routes, meat byproducts, and articles distributed tion), filed June 28, 1965, published by meat packinghouses, as described in transporting: Meats, meat products, and F ederal R egister issue July 21,-1965, and meat byproducts, and articles distributed republished as corrected this issue. Ap­ sections A and C of appendix I to the by meat packinghouses, as described in plicant: REFRIGERATED FOOD EX­ report in Descriptions in Motor Carrier sections A and C of appendix I to the PRESS, INC., 316 Summer Street, Bos­ Certificates, 61 M.C.C. 209 and 766 (ex­ report in Descriptions in Motor Carrier ton, Mass., 02210. Authority sought to cept hides and commodities in bulk, in Certificates, 61 M.C.C. 209 and 766 (ex­ operate as a common carrier, by motor tank vehicles), from Perry, Iowa, to cept hides and commodities in bulk, in vehicle, oyer irregular routes, transport­ points in Hlinois, Indiana, Michigan, tank vehicles), from the plantsite of Mis­ ing: Foodstuffs, canned, prepared or Minnesota, and Wisconsin. N ote: If a souri Beef Packers, Inc., at or near Phelps preserved (other than frozen), from hearing is deemed necessary, applicant City, Mo., restricted to traffic originating Fruitland, Md., and points in Sussex requests it be held at Des Moines, Iowa. at such facilities, to points in Arkansas, County, Del., to points in Wisconsin, No. MC 114284 (Sub-No. 24), filed M Louisiana, Mississippi, and Tennessee. 12, 1965. Applicant: FOX-SMYTHL Minnesota, Iowa, Kansas, Nebraska, and TRANSPORTATION CO., a corporation, N ote: If a hearing is deemed necessary, Missouri. N ote: The purpose of this applicant requests it be held at Kansas republication is to delete the attorney’s Post Office Box 82307, Stockyards Sta­ City, Mo. name from the application. If a hear­ tion, Oklahoma City, Okla. Applicants No. MC 113336 (Sub-No. 80), filed July ing is deemed necessary, applicant re­ attorney: John E. Jandera, 641 Harrison 12, 1965. Applicant: PETROLEUM quests it be held at Washington, D.C. Street, Topeka, Kans., 66603. Authority TRANSIT COMPANY, INC., Post Office No. MC 113843 (Sub-No. 93), filed July sought to operate as a common carrier, Box 921, Lumberton, N.C. Applicant’s 14, 1965. Applicant: REFRIGERATED by motor vehicle, over irregular routes, attorney: James E. Wilson, 1735 K Street FOOD EXPRESS; INC., 316 Summer transporting: Meats, meat products** NW., Washington, D.C., 20006. Author­ Street, Boston, Mass. Authority sought meat byproducts and articles distributed ity sought to operate as a common carrier, to operate as a common carrier, by motor by meat packinghouses, as described in Wednesday, August 4, 1965 FEDERAL REGISTER 9711 sections A and C of appendix I to the re­ No. MC 116073 (Sub-No. 21), filed July equipment, as described in appendix V iil port in Descriptions in Motor Carrier 6,1965. Applicant: BARRETT MOBILE to the report in Descriptions in Motor Certificates, 61 M.C.C. 209 and 766 (ex­ HOME TRANSPORT, INC., 1825 Main Carrier Certificates, 61 M.C.C. 209, and cept hides and commodities in bulk, in Avenue, Moorhead, Minn. Applicant’s road building and earth moving ma­ tank vehicles), from the plantsite of Mis­ attorney: Donald E. Cross, Munsey chines, from Burlington, Iowa, to points souri Beef Packers Inc., at or near Phelps Building, Washington, D.C. Authority in the United States (except those in City, Mo., to points in Colorado, Kansas, sought to operate as a common carrier, Alaska, Hawaii, Arizona, California, California, Texas, and Oklahoma, re­ by motor vehicle, over irregular routes, Colorado, Idaho, Montana, Nevada, New stricted to traffic originating at such fa­ transporting: Sectionalized buildings Mexico, Oregon, Washington, Wyoming, mounted on wheeled undercarriages and Utah). N ote: If a hearing is cilities of Missouri Beef Packers Inc. deemed necessary, applicant requests it Note: If a hearing is deemed necessary, equipped with hitchball coupler, from points in the United States including be held at Des Moines, Iowa. applicant requests it be held at Kansas No. MC 117574 (Sub-No. 126), filed City, Mo. Alaska, to points in the United States in­ No. MC 115331 (Sub-No. 138), filed cluding Alaska. Note: If a hearing is July 14, 1965. Applicant: DAILY EX­ July 16, 1965. Applicant: TRUCK deemed necessary, applicant requests it PRESS, INC., Post Office Box 39, ME. TRANSPORT, INCORPORATED, 707 be held at Washington, D.C., Los Angeles, No. 3, Carlisle, Pa. Authority sought to Market Street, St. Louis, Mo. Authority Calif., Chicago, HI., Dallas, Tex., Fort operate as a common carrier, by motor sought to operate as a common carrier, Lauderdale, Fla., or Atlanta, Ga. vehicle, over irregular routes, transport­ by motor vehicle, over Irregular routes, No. MC 116099 (Sub-No. 4), filed July ing: Agricultural equipment, agricultural transporting: Bonding mortar, dolomite 15, 1965; Applicant: WOODWORTH & machinery, parts for agricultural equip­ (including raw or roasted), furnace and SONS, INC., Tolono, 111. Applicant’s at­ ment and agricultural machinery, be­ kiln linings, fire brick, and refractory torney: Robert T. Lawley, 306-308 Reisch tween Grand Island, Nebr., on the one shapes, limestone, and limestone prod­ Building, Springfield, 111., 62701. Au­ hand, and, on the other, points in the ucts, from points in St. Francois County, thority sought to operate as a common United States including Alaska but ex­ Mo., to points in Alabama, Arkansas, Il­ carrier, by motor vehicle, over irregular cluding Hawaii. N ote: If a hearing is linois, Iowa, Indiana, Kansas, Kentucky, routes, transporting: Sand, gravel, and deemed necessary, applicant requests it Michigan, Minnesota, Mississippi, Ne­ crushed rock, from points in Fountain be held at Chicago, HI. braska, Ohio, Oklahoma, Tennessee, County, Tnd., to points in Champaign No. MC 117815 (Sub-No. 52), filed Texas, and Wisconsin. N ote : I| a hear­ County, HI. N ote: If a hearing is July 12, 1965. Applicant: PULLEY ing is deemed necessary, applicant re­ deemed necessary, applicant requests it FREIGHT LINES, INC., 2341 Easton quests it be held at St. Louis, Mo. be held at Springfield, HI. Boulevard, Des Moines, Iowa. Author­ No. MC 115841 (Sub-No. 245), filed No. MC 117119 (Sub-No. 233), filed July ity sought to operate as a common car­ July 12, 1965. Applicant: COLONIAL 12, 1965. Applicant: WILLIS SHAW rier, by motor vehicle, over irregular REFRIGERATED TRANSPORTATION, FROZEN EXPRESS, INC., Elm Springs, routes, transporting: Meat, meat prod­ INC., 1215 Bankhead Highway West, Post Ark. Applicant’s attorney: John H. ucts, meat byproducts, and articles dis­ Office Box 2169, Birmingham, Ala. Au­ Joyce, 26 North College, Fayetteville, tributed by meat packinghouses, as de­ thority sought to operate as a common Ark. Authority sought to operate as scribed in sections A and C of appendix I carrier, by motor vehicle, over irregular a common carrier, by motor vehicle, to the report in Descriptions in Motor routes, transporting: Meats, meat prod­ over irregular routes, transporting: Carrier Certificates, 61 M.C.C. 209 and ucts, meat byproducts, and articles dis­ Meats, meat products, meat byproducts, 766 (except hides and commodities in tributed by meat packinghouses, as de­ and articles distributed by meat packing­ bulk, in tank vehicles), from Ottumwa, scribed in sections A and C of appendix I houses (except hides and commodities in Iowa, to points in Minnesota, Wisconsin, to the report in Descriptions in Motor bulk, in tank vehicles), from points in and the Upper Peninsula of Michigan. Carrier Certificates, 61 M.C.C. 209 and Dawson and Kearney Counties, Nebr., to N ote: If a hearing is deemed necessary, 766 (except hides and commodities in points in Arizona, California, Idaho, applicant requests it be held at Des bulk, in tank vehicles), from the plant- Montana, New Mexico, Nevada, Oregon, Moines, Iowa. site of Missouri Beef .Packers, Inc., lo­ Utah, Washington, and Wyoming. No. MC 1 1 7 8 1 5 (Sub-No. 53), filed July cated at or near Phelps City, Mo., re­ N ote: If a hearing is deemed necessary, 19,1965. Applicant : PULLEY FREIGHT stricted to traffic originating at such fa­ applicant requests it be held at Omaha, LINES, INC., 2341 Easton Boulevard, Des cilities, to points in Tennessee (except Nebr. Moines, Iowa. Authority sought to op­ Memphis and points in the Memphis, No. MC 117427 (Sub-No. 44), filed July erate as a common carrier, by motor ve­ Tenn., commercial zone). Note: If a 16, 1965. Applicant: G. G. PARSONS hicles, over irregular routes, transport­ hearing is deemed necessary, applicant TRUCKING CO., a corporation, Post Of­ ing: Foodstuffs, canned, prepared, and requests it be held at St. Louis, Mo. fice Box 746, North Wilkesboro, N.C. preserved (other than frozen), from No. MC 116073 (Sub-No. 18) (Amend­ Applicant’s attorney: Francis J. Ortman, Fruitland, Md., to points in Hlinois, Iowa, ment), filed April 29, 1965, published National Press Building, Washington 4, Minnesota, Nebraska, and Wisconsin. Federal Register, issue of May 26, 1965, D.C. Authority sought to operate as a Note: If a hearing is deemed necessary, amended July 21, 1965, and republished common carrier, by motor vehicle, over applicant requests it be held at Wash­ as amended this issue. Applicant: BAR­ irregular routes, transporting: Lumber, ington, D.C. RETT MOBILE HOME TRANSPORT, from Princeton, W. VaM to points in No. MC 117954 (Sub-No. 18) (Amend­ INC., 1825 Main Avenue, Moorhead, Virginia, North Carolina, South Caro­ ment) , filed May 17, 1965, published Minn. Applicant’s attorney: Donald E. lina, Tennessee, Iowa, Hlinois, Maryland, F ederal R egister issue of June 3, 1965, Cross, Munsey Building, Washington, Indiana, Kentucky, Pennsylvania, New amended July 22, 1965, and republished D.C. Authority sought to operate as a York, Ohio, Michigan,, Wisconsin, New as amended this issue. Applicant: H. L. common carrier, by motor vehicle, over Jersey, Missouri, and Minnesota. N ote: HERRIN, JR., Post Office Box 456, Met­ irregular routes, transporting: Mobile Applicant also holds authority to operate airie, La. Applicant’s attorney: Albert homes and other trailers designed to be as a contract carrier in Permit No. MC A. Andrin, 105 West Adams Street, drawn by passenger automobiles, and 116145 and (Sub-No. 5), therefore, dual Chicago 3, HI. Authority sought to sectionalized buildings mounted on wheel operations may be involved. If a hear­ operate as a common carrier, by motor undercarriages equipped with hitchball ing is deemed necessary, applicant re­ vehicle, over irregular routes, transport­ coupler, in initial movements, in truck- ing: Meats, meat products and meat quests it be held at Washington, D.C. byproducts, dairy products, and articles away service, from Bend, Oreg., and No. MC 117557 (Sub-No. 12), filed July distributed by meat packinghouses, and points within five (5) miles thereof, to 12, 1965. Applicant:. MATSON, INC., such commodities as are used by meat- points in the United States, including Post Office Box 43, Cedar Rapids, Iowa. packers in the conduct of their business, Alaska (excluding Hawaii). N ote: The Applicant’s representative: William A. when destined to and for use by meat- Purpose of this republication is to set Landau, 1307 East Walnut Street, Des packers, as described in sections A, B, C, forth the amended commodity descrip­ Moines 16, Iowa. Authority sought to and D, of appendix I to the report in tion. If a hearing is deemed necessary, operate as a common carrier, by motor Descriptions in Motor Carrier Certifi­ applicant requests it be held at Portland, vehicle, over irregular routes, transport­ cates, 61 M.C.C. 209 and 766 (except hides Oreg. ing: Road construction machinery and and commodities in bulk, in tank vehi- 9712 NOTICES cles), from points in Dakota County, 10216, New Orleans, La. Applicant’s vegetable fiber combined, furring, iron Nebr., and Sioux City, Iowa, to points attorney: Albert A. Andrin, 105 West or steel or aluminum, plastic panels, in Alabama, Arkansas, Florida, Georgia, Adams Street, Chicago 3, HI. Author­ fluorescent lighting fixtures, and lenses Iowa, Kansas, Kentucky, Louisiana, Mis­ ity sought to operate as a common car­ or diffusers for lighting fixtures, from sissippi, Missouri, Oklahoma, Tennessee, rier, by motor vehicle, over irregular Pensacola, Fla., to points in Illinois, In­ and Texas. N ote: The purpose of routes, transporting: Meats, meat prod­ diana, Iowa, Missouri, Kentucky, Michi­ this republication is to add Sioux City, ucts, and meat byproducts, dairy prod­ gan, Wisconsin, and Minnesota. Note: Iowa, as an origin point. If a hearing ucts, and articles distributed by meat If a hearing is deemed necessary, appli­ is deemed necessary, applicant does not packinghouses, and such commodities as cant requests it be held at New Orleans, specify place of hearing. are used by meatpackers in the conduct La. No. MC 118130 (Sub-No. 30), filed July of their business, when destined to and No. MC 119767 (Sub-No. 96), filed 19, 1965. Applicant: BEN HAMRICK, for use by meatpackers, as described in July 16, 1965. Applicant: BEAVER INC., 2000 Chelsea Dijve West, Fort sections A, B, C, and D of appendix I to TRANSPORT CO., a corporation, 100 Worth, Tex. Applicant’s attorney: M. the report in Descriptions in Motor Car­ South Calumet Street, Burlington, Wis. Ward Bailey, Continental Life Building, rier Certificates, 61 M.C.C. 209 and 766 Applicant’s representative: Fred H. Fort Worth, Tex. Authority sought to (except hides and commodities in bulk, Figge, Post Office Box 339, Burlington, operate as a common carrier, by motor in-tank vehicles), (1) from points in Da­ Wis. Authority sought to operate as a vehicle, over irregular routes, transport­ kota County, Nebr., to points in Alabama, common carrier, by motor vehicle, over ing: Meats, meat products and meat by­ Arkansas, Florida, Georgia, Iowa, Kan­ irregular routes, transporting:, Frozen products, dairy products, and articles sas, Kentucky, Louisiana, Mississippi, foods (except frozen meats), from Fair­ distributed by meat packinghouses, as Missouri, Oklahoma, Tennessee, and mont, Winnebago, Albert Lea, Mankato, described in sections A, B, and C of ap­ Texas, and (2) from Sioux City, Iowa, to and Worthington, Minn., to points in pendix I to the report in Descriptions in the above destination points. N ote: Indiana, Kentucky, and Michigan. Motor Carrier Certificates, 61 M.C.C. ,209 The purpose of this republication is to N ote: If a hearing is deemed necessary, and 766, from Darr, Nebr., and points add (2) above. If a hearing is deemed applicant requests it be held at Detroit, within 5 miles thereof, to points in Ala­ necessary, applicant did not specify any Mich. bama, Arizona, Arkansas, California, particular area. No. MC 119767 (Sub-No. 97), filed July Colorado, Florida, Georgia, Idaho, Illi­ No. MC 118332 (Sub-No. 1), filed July 19, 1965. Applicant: BEAVER TRANS­ nois, Indiana, Iowa, Kansas, Kentucky, 12, 1965. Applicant: SUPERIOR PORT CO., a corporation, 100 South Louisiana, Michigan, Minnesota, Missis­ FOODS, INC., 9001 Chancellor Row, Calumet Street, Burlington, Wis. Ap­ sippi, Missouri, Nevada, North Carolina, Dallas, Tex. Applicant’s attorney: plicant’s representative: Fred H. Figge, Ohio, Oklahoma, Oregon, South Carolina, James W. Hightower, Wynnewood Pro­ Post Office Box 339, Burlington, Wis. Tennessee, Texas, Utah, Virginia, Wash­ fessional Building, Dallas, Tex. Au­ Authority sought to operate as a com­ ington, West Virginia, and Wisconsin, thority sought to operate as a common mon carrier, by motor vehicle, over and exempt commodities on return. carrier, by motor vehicle, over irregular irregular routes, transporting: Food­ N ote: If a hearing is deemed necessary, routes, transporting: Bananas, from stuffs, from North Chicago, 111., to points applicaht requests it be held at Omaha, Gulfport, Miss., to Dallas, Tex., and in Iowa. Note: If a hearing is deemed Nebr. damaged and rejected shipments on re­ necessary, applicant requests it be held No. MC 118142 (Sub-No. 20), filed July turn. N ote: If a hearing is deemed at Des Moines, Iowa. 16, 1965. Applicant: M. BRUENGER & necessary, applicant requests it be held No. MC 119767 (Sub-No. 98), filed July CO., INC., 6330 North Broadway, Wichita, at Dallas, Tex. 19, 1965. Applicant: BEAVER TRANS­ Kans. Applicant’s attorney: James F. No. MC 119278 (Sub-No. 2), filed July PORT CO., a corporation, 100 South Miller, 7501 Mission Road, Shawnee 12, 1965. Applicant: WISILL DAIRY Calumet Street, Burlington, Wis. Ap­ Mission, Kans. Authority sought to op­ LINE, INC., 4366 West Ogden Avenue, plicant’s representative: Fred H.. Figge, erate as a common carrier, by motor Chicago, 111. Applicant’s attorney: Ber­ Post Office Box 339, Burlington, Wis. vehicle, over irregular routes, trans­ nard G. Colby, 1 North La Salle Street, Authority sought to operate as a com­ porting: Meats, meat products, meat by­ Chicago 2, 111. Authority sought to op­ mon carrier, by motor vehicle, over ir­ products, and articles distributed by erate as a contract carrier, by motor regular routes, transporting: Meats, meat meat packinghouses, as described by the vehicle, over irregular routes, transport­ products, meat byproducts, dairy prod­ Commission (except hides, and commod­ ing: Milk, cream, skimmed milk, and ucts, articles distributed by meat pack­ ities in bulk, in tank vehicles), from the condensed milk, from Oconomowoc, Wis., inghouses and such commodities as are plantsite of Missouri Beef Packers, Inc.,, to Chicago, 111. N ote: If a hearing is used by meatpackers in the conduct of located at or near Phelps City, Mo., to deemed necessary, applicant requests it their business when destined to and for points in Kansas. N ote: If a hearing be held at Chicago, 111. \ use by meatpackers (restricted against is deemed necessary, applicant requests No. MC 119531 (Sub-No. 43), filed July transportation in bulk, in tank vehicles), it be held at Omaha, Nebr. 14, 1965. Applicant: DIECKBRADER from points in Iowa, to points in* Illinois, ’ No. MC 118142 (Sub-No. 21), filed July EXPRESS, INC., 5391 Wooster Road, Missouri, Minnesota, and Wisconsin. 16, 1965. Applicant: M. BRUENGER & Cincinnati, Ohio, 45226. Applicant’s at­ N ote: If a hearing is deemed necessary, CO., INC., 6330 North Broadway, Wichita, torney: Charles W. Singer, Suite 3600, applicant requests it be held at Des Kans. Applicant’s attorney: James F^ 33 North La Sale Street, Chicago, 111., Moines, Iowa, or Omaha, Nebr. Miller, 7501 Mission Road, Shawnee Mis­ 60602. Authority sought to operate as a No. MC 119767 (Sub-No. 99), filed July sion, Kans. Authority sought to operate common carrier, by motor vehicle, over 19, 1965. Applicant: BEAVER TRANS­ as a common carrier, by motor vehicle, irregular routes, transporting: Paper and PORT CO., a corporation, 100 South over irregular routes, transporting: paper products, from Detroit, Mich., to Calumet Street, Burlington, Wis. Ap­ Meats, meat products, meat byproducts, points in Illinois, Indiana, and Ohio. plicant’s representative: Fred H. Figge, and articles distributed by meat pack­ N ote: If a hearing is deemed necessary, Post Office Box 339, Burlington, Wis. inghouses, as described by the Commis­ applicant requests it be held at Chicago, Authority sought to operate as a common sion (except hides and commodities in 111. carrier, by motor vehicle, over irregular bulk, in tank vehicles), from the plant- No. MC 119726 (Sub-No. 5), filed July routes, transporting: Glassware, glass site of Missouri Beef Packers, Inc., lo­ 16, 1965. Applicant: N.A.B. TRUCK­ containers, caps, covers, stoppers or toys cated at or near Phelps City, Mo., to ING CO., INC., 939 Union Street, Indian­ for glass containers, and paper cartons, points in Arizona and California. N ote : apolis, Ind. Applicant’s attorney: James between Bremen, Canal Winchester, and If a hearing is deemed necessary, appli­ J. Williams, 1012 14th Street NW., Lancaster, Ohio, on the one hand, and, cant requests it be held at Omaha, Nebr. Washington, D.C., 20005. Authority on the other, points in Illinois, Indiana, No. MC 118159 (Sub-No. 21) (Amend­ sought to operate as a common carrier, Kentucky, Michigan, Ohio, West Vir­ ment), filed May 17, 1965, published by motor vehicle, over irregular routes, ginia, and Wisconsin. N ote: If a hear­ F ederal R egister issue June 3, 1965, transporting: Boards, building, wall or ing is deemed necessary, applicant re­ amended July 22, 1965, and republished insulated, fiberboard or pulpboard, made quests it be held at Chicago, 111. as amended this issue. Applicant: of vegetable, wood or mineral fibers and ^ No. MC 119767 (Sub-No. 100), filed EVERETT LOWRANCE, Post Office Box mineral or mineral and wood fibers or July 19, 1965. Applicant:? BEAVER Wednesday, August 4, 1965 FEDERAL REGISTER 9713 TRANSPORT CO., a corporation, 100 sachusetts, Michigan, Minnesota, Mis­ rado, Iow.a, Kansas, Nebraska, and St. South Calumet Street, Burlington, Wis. souri, Nebraska, New Hampshire, New Louis, Mo. N ote: If a hearing is Applicant’s representative: Fred H. Jersey, New York, North Carolina, North deemed necessary, applicant requests it Figge, Post Office Box 339, Burlington, Dakota, Ohio, Pennsylvania, Rhode Is­ be held at Indianapolis, Ind. Wis. Authority sought to operate as a land, South Dakota, Tennessee, Vermont, No. MC 123639 (Sub-No. 34), filed July common carrier, by motor vehicle, over Virginia, and Washington, D.C., and (2) 19, 1965. Applicant: J. B. MONTGOM­ irregular routes, transporting: Oleomar­ materials, equipment, and supplies used ERY, INC., 5150 Brighton Boulevard, garine, shortening, lard, tallow, salad In the manufacture and distribution of Denver 16, Colo. Applicant’s attorney: dressings, and table sauces, in vehicles the commodities described in (1) above, Charles W. Singer, Tower Suite 3600, 33 equipped with mechanical refrigeration, on return to Manitowoc, Wis. N ote: If North La Salle Street, Chicago, HI., 60602. from Jacksonville, HI.» and points with­ a hearing is deemed necessary, applicant Authority sought to operate as a common in one (1) mile thereof to points in Ar­ requests it be held at Chicago, 111., or carrier, by motor vehicle, over irregular kansas, Indiana, Iowa, Kansas, Ken­ Madison, Wis. routes, transporting: Meats, meat prod­ tucky, Michigan, Minnesota, Missouri, No. MC 123067 (Sub-No. 30), filed ucts, meat byproducts, and articles dis­ Nebraska, Ohio, and Wisconsin. N ote: July 13, 1965. Applicant: M&M TANK tributed by meat packinghouses, as de­ If a hearing is deemed necessary, appli­ LINES, INC., Post Office Box 4174, North scribed in sections A and C of appendix cant requests it be held at St. Louis, Mo., Station, Winston-Salem, N.C. Appli­ I to the report in Descriptions in Motor or Springfield, HI. cant's representative: Frank C. Philips, Carrier Certificates, 61 M.C.C. 209 and No. MC 119767 (Sub-No. 101), filed Post Office Box 612, Winston-Salem, N.C. 766 (except hides and commodities in July 19, 1965. Applicant: BEAVER Authority sought to operate as a common bulk, in tank vehicles), from the plant- TRANSPORT CO., a corporation, 100 carrier, by motor vehicle, over irregular site of Missouri Beef Packers, Inc., lo­ South Calumet, Burlington, Wis. Ap­ routes, transporting: Liquid petroleum cated at or near Phelps City, Mo., re­ plicant’s representative: Fred H. Figge, gas, in bulk, in tank vehicles, from Apex, stricted to traffic originating at such fa­ Post Office Box 339, Burlington, Wis. N.C., to the plantsite of Ford Motor Co. cilities, to points in Iowa, Michigan, In­ Authority sought to operate as a com­ at Norfolk, Va. N ote: If a hearing is diana, Colorado, and Hlinois. N ote: If mon carrier, by motor vehicle, over ir­ deemed necessary, applicant requests it a hearing is deemed necessary, applicant regular routes, transporting: Dry mink be held at Raleigh, N.C., or Richmond, does not specify a location. feed ingredients, in bulk and in bags, Va. No. MC 124049 (Sub-No. 1), filed July from Fond du Lac, Wis., to Glencoe, No. MC 123393 (Sub-No. 71), filed July 15, 1965. Applicant: SCHWERMAN Mina Note: If a hearing is deemed 14, 1965. Applicant: BILYEU REFRIG­ TRUCKING CO. OF TEXAS, a corpo­ necessary, applicant requests it be held ERATED TRANSPORT CORPORA­ ration, 611 South 28th Street, Milwaukee, at Minneapolis, Minn. TION, 1914 East Blaine Street, Spring- Wis., 53246. Applicant’s attorney: No. MC 119895 (Sub-No. 8), filed July field, Mo. Applicant’s attorney: Herman James R. Ziperski (address same as ap­ 6, 1965. Applicant: INTERCITY EX­ W. Huber, 101 East High Street, Jefferson plicant) . Authority sought to operate as PRESS, INC., Post Office Box 1055, Fort City, Mo. Authority sought to operate a common carrier, by motor vehicle, over Dodge, Iowa. Applicant’s representa­ as a common carrier, by motor vehicle, irregular routes, transporting: Cement, tive: William A. Landau, 1307 East Wal­ over irregular routes, transporting: cement additives, and fly ash, in bulk, nut Street, Des Moines 16, Iowa. Au­ Meats, meat products and meat byprod­ from rail points in Texas to points in thority sought to operate as a common ucts, and articles distributed by meat Texas, with prior movement by rail from carrier, by motor vehicle, over irregular packinghouses, as described in sections points outside of Texas. N ote : If a hear­ routes, transporting: Meats, meat prod­ A and C of appendix I to the report in ing is deemed necessary, applicant re­ ucts, meat byproducts, dairy products, Descriptions in Motor Carrier Certifi­ quests it be held at Dallas, Tex. and articles distributed by meat pack­ cates, 61 M.C.C. 209 and 766 (except No. MC 124071 (Sub-No. 3), filed inghouses, as described in sections A, B, hides and commodities in bulk, in tank July 12, 1965. Applicant: MARTIN and C of appendix I to the report in vehicles), from the plantsite of Missouri TRUSHENSKI, doing business as Descriptions in Motor Carrier Certifi­ Beef Packers, Inc., located at or near TRUSHENSKI TRUCKING, 511 Wilson cates, 61 M.C.C. 209 and 766 (except Phelps City, Mo., to points in Kentucky, Avenue NE., St. Cloud, Minn. Appli­ commodities in bulk, in tank vehicles), Missouri, and Tennessee (except Mem­ cant’s attorney: Gordon Rosenmeier, 72 from Ottumwa, Iowa, to points in Wis­ phis). N ote: If a hearing is deemed Broadway, Little Falls, Minn. Authority consin. Note: If a hearing is deemed necessary, applicant requests it be held sought to operate as a contract carrier, necessary, applicant requests it be held at Kansas City, Mo. by motor vehicle, over irregular routes, at Des Moines, Iowa. No. MC 123393 (Sub-No. 72), filed transporting: Fresh meats in shipper No. MC 121353 (Sub-No. 2), filed July July 19, 1965. Applicant: BILYEU RE­ owned refrigerated trailers, from St. 16, 1965. Applicant: RUSSELL E. FRIGERATED TRANSPORT CORPO­ Cloud, Minn., to points in Kansas, Ken­ SCOTT, Route 1, Old Dresden Road, RATION, 1914 East Blaine Street, tucky, Missouri, Nebraska, and Ten­ Zanesville, Ohio. Applicant’s attorney: Springfield, Mo. Applicant’s attorney: nessee. N ote: If a hearing is deemed James M. Burtch, 100 East Broad Street, Herman W. Huber, 101 East High necessary, applicant requests it be held Columbus, Ohio, 43215. Authority sought Street, Jefferson City, Mo. Authority at Minneapolis or St. Paul, Minn. to operate as a common carrier, by motor sought to operate as a common carrier, No. MC 124078 (Sub-No. 147), filed vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, July 12, 1965. Applicant: SCHWER­ ing: Scrap metal, between points in Ohio, transporting: Frozen foods and frozen MAN TRUCKING CO., a .corporation, Indiana, Kentucky, West Virginia, products, including frozen animal and 611 South 28th Street, Milwaukee, Wis., Michigan, Pennsylvania, Illinois, and poultry food, from New Bedford, Mass., 53246. Applicant’s attorney: James R. Virginia. Note: If a hearing is deemed and points within twenty (20) miles of Ziperski (address same as applicant). necessary, applicant requests it be held New Bedford to points in Illinois, Indi­ Authority sought to operate as a common at Columbus, Ohio. ana, Iowa, Kentucky, Michigan, Minne­ carrier, by motor vehicle, over irregular No. MC 123048 (Sub-No. 65), filed sota, Missouri, Nebraska, Ohio, and Wis­ routes, transporting: Sand and sand July 12, 1965. Applicant: DIAMOND consin. N ote: If a hearing is deemed with additives, in bulk, in pneumatic TRANSPORTATION SYSTEM, INC., " necessary, applicant does not specify a tank vehicles, and in bags, from points 1919 Hamilton Avenue, Racine, Wis. location. in Berrien County, Mich., to points in Authority sought to operate as a common No. MC 123639 (Sub-No. 33), filed carrier, by motor vehicle, over irregular Illinois, Wisconsin, Indiana, Iowa, and July 19, 1965. Applicant: J. B. MONT­ Kentucky. N ote : If a hearing is deemed routes, transporting: (l) Agricultural GOMERY, INC., 5150 Brighton Boule­ necessary, applicant requests it be held implements and farm machinery and vard, Denver 16, Colo. Applicant’s at­ at Chicago, 111. parts thereof (except those commodities torney: Charles W. Singer, 33 North La No. MC 124078 (Sub-No. 149), filed requiring the use of special equipment Salle Street, Chicago, HI., 60602. Au­ July 15, 1965. Applicant: SCHWER­ or special handling), from Manitowoc, thority sought to operate as a common MAN TRUCKING CO., a corporation, Wis., to points in Connecticut, Delaware, carrier, by motor vehicle, over irregular 611 South 28th Street, Milwaukee, Wis., Illinois, Indiana, Iowa, Kansas, West Vir- routes, transporting: Frozen foods, 53246. Applicant’s attorney: James R. Sinia* Kentucky, Maine, Maryland, Mas­ from Lafayette, Ind., to points in Colo­ Ziperski (address same as applicant’s). 9714 NOTICES Authority sought to operate as a common 2504 Redwood Street, Amarillo, Tex. Ap­ sought to operate as a common carrier, carrier, by motor vehicle, over irregular plicant’s attorney: Wallace A. McLean, by motor vehicle, over irregular routes, routes, transporting: Resins, dry, in Post Office Box 858, Austin 65, Tex. Au­ transporting: Coke, in bulk, from St. bulk, in tank and hopper type vehicles, thority sought to operate as a common Louis, Mo., to points in Illinois. N ote: from the plantsite of Pantasote Corp. carrier, by motor vehicle, over irregular If a hearing is deemed necessary, appli­ located at or near Point Pleasant, Masop routes, transporting: (A) Alfalfa meal cant requests it be held at Chicago, HI. County, W. Va., to points in Missouri, and pellets, from points in Crowley, No. MC 125890 (Sub-No. 1), filed July and points in Jersey, Madison, Clinton, Otero, Bent, Prowers, Kiowa, Baca, and 14,1965. Applicant: ARROW TOWING Washington, St. Clair, Randolph, Mon­ Las Animas Counties, Colo., to points in SERVICE CORP., 450 12th Street, roe, Perry, and Bond Counties, HI. Oklahoma, Texas, New Mexico, Arkansas, Brooklyn, N.Y. Applicant’s representa­ N ote: If a hearing is deemed necessary, and Louisiana, and (B) livestock min­ tive: George A. Olsen, 69 Tonnele Ave­ applicant requests it be held at Wash­ erals and high protein meals, in bags and nue, Jersey City, N.J., 07306. Authority ington, DC. blocks, from points in Brown, Potter, sought to operate as a common carrier, No. MC 124123 (Sub-No. 29), filed Lubbock, and Nolan Counties, Tex., to by motor vehicle, over irregular routes, July 12, 1965. Applicant: SCHWER- points in Oklahoma, Colorado, Kansas, transporting: Wrecked and disabled MAN TRUCKING CO. of ILL., INC., and Nebraska. N ote: If a hearing is motor vehicles and replacements thereof 611 South 28th Street, Milwaukee, Wis., deemed necessary, applicant requests it (except trailers designed to be drawn by 53246. Applicant’s attorney: James R. be held at Amarillo or Dallas, Texv or passenger automobiles) fork lift trucks, Ziperski (same address as applicant). Oklahoma City, Okla. and used car and truck cranes, between Authority sought to operate as a common No. MC 124951 (Sub-No. 10), filed points in New York, Vermont, Rhode carrier, by motor vehicle, over irregular July 19, 1965. Applicant: WATHEN Island, Massachusetts, Connecticut, New routes, transporting: Sand and sand TRANSPORT, INC., Post Office Box 327, Jersey, New Hampshire, Ohio, Pennsyl­ with additives, in bulk, in pneumatic Henderson, Ky. Applicant’s attorney: vania, Delaware, Maryland, Virginia, tank vehicles, and in bags, from Troy Robert M. Pearce, Central Building, 1033 Maine, and the District of Columbia. Grove, HI., to points in Indiana, Ohio, State Street, Bowling Green, Ky. Au­ N ote: Applicant states should the above Kentucky, Michigan, Wisconsin, Ne­ thority sought to operate as a common authority be granted, it will surrender its carrier, by motor vehicle, over irregular authority in MC 125890. If a hearing is braska, Missouri, Kansas, and Oklahoma. deemed necessary, applicant requests it N ote: If a hearing is deemed necessary, routes, transporting: Malt beverages, from Milwaukee, Wis.; Peoria and Belle­ be held at New York, N.Y. applicant requests it be held at Chicago, No. MC 125951 (Sub-No. 1), filed July HI. U ? ville, HI.; Evansville, Ind., and St. Joseph No. MC 124211 (Sub-No. 40), filed July and St. Louis, Mo., to points in Christian 12, 1965. Applicant: ERICKSON RE­ 12, 1965. Applicant: HILT TRUCK County, Ky., and empty containers, FRIGERATED TRANSPORT CORPO­ LINE, INC., 3751 Sumner Street, Post cases and bottles, on return. N ote: Ap­ RATION, 6801 L Street, Omaha, Nebr. Office Bpx 824, Lincoln 1, Nebr. Appli­ plicant is also authorized to conduct op­ Authority sought to operate as a common cant’s attorney: J. Max Harding, Post erations as a contract carrier in Permit carrier, by motor vehicle, over irregular Office Box 2028, Lincoln, Nebr.- Author­ MC 119309, therefore, dual operations routes, transporting: Meats, meat prod­ ity sought to operate as a common car­ may be involved. If a hearing is deemed ucts, meat byproducts and articles dis­ rier, by motor vehicle, over irregular necessary, applicant requests it be held tributed by meat packinghouses (except routes, transporting: Cutlet, used glass­ at Nashville, Tenn. hides and commodities in bulk, in tank ware and glass articles and bottles, from No. MC 125616 (Sub-No. 1), filed July vehicles), from points in Dakota County, points in Nebraska, to points in Arkan­ 12, 1965. Applicant: W. PAUL HENRY, Nebr., and Sioux City, Iowa, to points in sas, Colorado, Illinois, Indiana, Iowa, 300 Robinwood Drive, Hagerstown, Md. Maine, Vermont, New Hampshire, Rhode Kansas, Minnesota, Missouri, Montana, Applicant’s attorney: Russell S. Bern- Island, New York, Massachusetts, Con­ hard, 1625 K Street NW., Washington, necticut, New Jersey, Pennsylvania, North Dakota, Oklahoma, South Dakota, Maryland, Delaware, and Washington, Wisconsin, and Wyoming. N ote: If a D.C., 20006. Authority sought to operate hearing is deemed necessary, applicant as a common carrier, by motor vehicle, D.C. Note: If a hearing is deemed nec­ requests it be held at Omaha, Nebr. over irregular routes, transporting: Gen­ essary, applicant requests it be held at No. MC 124211 (Sub-No. 41), filed July eral commodities (except those of un­ Omaha, Nebr., or Des Moines, Iowa. 15, 1965. Applicant: HILT TRUCK usual value, classes A and B explosives, No. Me 125978 (Sub-No. 3), filed July LINE, INC., 3751 Sumner Street, Post household goods as defined by the Com­ 19, 1965. Applicant: DEPENDABLE Office Box 824, Lincoln, Nebr. Appli­ mission, commodities in bulk, and those CAR TRAVEL SERVICE, INC., Hotel cant’s attorney: J. Max Harding, Post requiring special equipment), between National, Seventh Avenue at 42d Street, Office Box 2028, Lincoln, Nebr. Au­ Dulles International Airport, Loudoun- New York, N.Y. Applicant’s representa­ thority sought to operate as a com­ Fairfax Counties, Va., and Washington tive: Charles H. Trayford,'220 East 42d mon carrier, by motor vehicle, over National Airport, Gravelly Point, Va., on Street, New York 17, N.Y. Authority irregular routes, transporting: Frozen the one hand, and, on the other, Waynes­ sought to operate as a common carrier, foods, and foodstuffs, from points in boro, Pa., and Frederick, Md., restricted by motor vehicle, over irregular routes, Saunders County, Nebr., to points in Ari­ to traffic having a prior or subsequent transporting: Used automobiles, station zona, California, Colorado, and New movement by air. N ote: If a hearing is wagons and small trucks under %-ton capacity, in a driveaway service, with or Mexico. N ote: If a hearing is deemed deemed necessary, applicant requests it necessary, applicant requests it be held be held at Washington, DU. without baggage, personal effects and at Omaha, Nebr. No. MC 125777 (Sub-No. 74), filed July pets, between points in . Florida on the No. MC 124545 (Sub-No. 1), filed July 15, 1965. Applicant: JACK GRAY one hand, and, on the other, points in 12, 1965. Applicant: ERNEST E. GIL­ TRANSPORT, INC., 3200 Gibson Trans­ the United States including Alaska but MAN, doing business as GILMAN fer Road, Hammond, Ind. Applicant’s excluding Hawaii. N ote: If a hearing TRANSPORTATION CO., Spencer attorney: David Axelrod, 39 South La is deemed necessary, applicant requests Street, Lebanon, N.H. Authority sought Salle Street, Chicago 3, 111. Authority it be held at Miami, Fla. to operate as a contract carrier, by motor sought to operate as a common carrier, No. MC 125978 (Sub-No. 4), filed July vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, 19, 1965. Applicant: DEPENDABLE ing: Petroleum products, in bulk, in tank transporting: Pig iron, in dump vehicles, CAR TRAVEL SERVICE, INC., Hotel vehicles, from Chelsea, Mass., and Ports­ from Detroit, Mich., to points in Ohio. National, Seventh Avenue at 42d Street, New York, N.Y. Applicant’s representa­ mouth, N.H., to (1) points in Orange, N ote: If a hearing is deemed necessary, tive: Charles. H. Trayford, 220 East 42d Windsor, and Windham Counties, Vt., applicant requests it be held at Detroit, Street, New York 17, N.Y. Authority and (2) points in New Hampshire within Mich. sought to operate as a common carrier, 15 miles of White River Junction, Vt. No. MC 125777 (Sub-No. 75), filed July by motor vehicle, over irregular routes, N ote: If a hearing is deemed necessary, 15, 1965. Applicant: JACK GRAY transporting: Used automobiles, station applicant requests it be held at Mont­ TRANSPORT, INC., 3200 Gibson Trans­ wagons and small trucks under %-ton pelier, Vt. fer Road, Hammond, Ind. Applicant’s capacity, in a driveaway service, with or No. MC 124673 (Sub-No. 5), filed July attorney: David Axelrod, 39 South La without baggage, personal effects and 16, 1965. Applicant: IRA E. JOHNSON, Salle Street, Chicago 3, HI. Authority pets, between points in New York, New

i i w h -i— M n r n Wednesday, August 4, 1965 FEDERAL REGISTER 9715

Jersey, Connecticut, and Pennsylvania Counties, Va. N ote: If a hearing is and Wisconsin. N ote: If a hearing is on the one hand, and, on the other, deemed necessary, applicant requests it deemed necessary, applicant requests points in the United States including be held at Nashville, Tenn. that it be held in Omaha, Nebr. Alaska but excluding Hawaii. N ote: If No. MC 126745 (Sub-No. 7) filed No. MC 127227 (Sub-No. 2), filed July a hearing is deemed necessary, applicant July 15, 1965. Applicant: SOUTHERN 14, 1965. Applicant: BIRDSALL CON­ requests it be held at New York, N.Y. COURIERS, INC., 222-17 Northern Bou­ STRUCTION COMPANY, a corporation, No. MC 126049 (Sub-No. 1), filed July levard, Bay side, N.Y. Applicant’s attor­ 230 Royal Palm Way, Palm Beach, Fla. 9, 1965. Applicant: DODEN TRUCK­ ney: Ewell H. Muse, Jr., Suite 415, Perry Applicant’s attorney: Richard J. Brooks, ING COMPANY, INC., Woden, Iowa. Brooks Building, Austin, Tex. Authority Post Office Box 1531, Title Building, Tal­ Applicant’s attorney: Clayton L. Worn- sought to operate as a common carrier, lahassee, Fla. Authority sought to op­ son, 206 Brick and Tile Building, Mason by motor vehicle, over irregular routes, erate as a common carrier, by motor City, Iowa. Authority sought to operate transporting: (1) Business papers, rec­ vehicle, over irregular routes, transport­ as a common carrier, by motor vehicle, ords and audit and accounting media of ing: General commodities (except classes over irregular routes, transporting: all kinds (excluding plant removals), (a) A and B explosives, commodities requir­ Salted sheepskins, (1) from Mason City, between New Orleans, La., on the one ing special equipment and commodities Iowa, to Houston, Galveston, and San hand, and, on the other, points in Mis­ of unusual value), between Palm Beach Antonio, Tex.; and (2) from San Angelo, sissippi on and south of U.S. Highway and Miami, Fla., on the one hand, and, on Port Worth, and San Antonio, Tex., to 80, and Mobile, Ala.; (b) between Ken­ the other, points in Palm Beach, Mason City, Iowa. N ote: Applicant ner, La., on the one hand, and, on the Broward, and Dade Counties, Fla., on states that it intends to transport exempt other, Lake Charles, Lafayette, Houma, traffic having a prior or subsequent commodities on return trips. If a hear­ Alexandria, Baton Rouge, New Orleans, movement by water. N ote : If a hearing ing is deemed necessary, applicant re­ Hammond, and Bogalusa, La.; and (c) is deemed necessary, applicant requests quests it be held at Des Moines, Iowa. between Shreveport, La., on the one it be held at Miami, Fla. No. MC 126070 (Sub-No. 1), filed July hand, and, on the other, Monroe, Ruston, No. MC 127251 (Amendment), filed 15, 1965. Applicant: BERNARD J. and Bastrop, La.; -(b) and (c) above re­ April 30, 1965, published in Federal HEMMINGER, doing business as QUICK stricted to traffic having a prior or sub­ R egister issue of May 26, 1965, amended VAN LINES, 1801 Griswold Avenue, sequent out-of-State movement; (2) July 15, 1965, and republished as Sterling, IU. Applicant’s attorney: lithographed and/or printed unused per­ amended this issue. Applicant: C. T. Mack Stephenson, 42 Fox Mill Lane, sonalized checks and related unused MONTGOMERY, Post Office Box 241, Springfield, 111., 62707. Authority sought miscellaneous hank documents, between Sunflower, Miss. Applicant’s attorney: to operate as a contract carrier, by motor New Orleans, La., on the one hand, and, Harold D. Miller, Jr., Suite 700, Petro­ vehicle, over irregular routes, transport­ on the other, points in Mississippi on leum Building, Post Office Box 1250, ing: Home and office appliances, and and south of U.S. Highway 80, and Mo­ Jackson, Miss. Authority sought to , electronic machines including hut not bile, Ala. N ote: Applicant states the operate as a contract carrier, by motor limited to television sets, radio sets and proposed operation will be restricted to vehicle, over irregular routes, transport­ phonographs, from Sterling, HI., to the following: No service shall be per­ ing: Agricultural chemicals, except in points in Chickasaw, Butler, Bremer, formed under the authority granted bulk, from the plantsite of American Payette, Clayton, Grundy, Black Hawk, herein for any bank or banking institu­ Cyanamid Co. near Indianola, Miss., to Buchanan, Delaware, Dubuque, Benton, tion; namely, any National bank, State points in Alabama, Arkansas, Louisiana, Linn, Jones, Jackson, Iowa, Johnson, bank, Federal Reserve bank, savings and Oklahoma, Tennessee, and Texas. Cedar, Clinton, Scott, Washington, Mus­ loan association, or savings bank. Ap­ N ote: The proposed service is to be under catine, Louisa, Henry, and Des Moines plicant is also authorized to conduct op­ a continuing contract vith American Counties, Iowa. N ote: If a hearing is erations as a contract carrier in Permit Cyanamid Co. The purpose of this deemed necessary, applicant requests it MC 123304, Sub 1, therefore dual opera­ republication is to indicate that the car­ be held at Springfield, HI. tions may be involved. If a hearing is rier intends to transport the above No. MC 126413 (Sub-No. 2), filed July deemed necessary, applicant requests it commodities, both in liquid and dry form, 9. 1865. Applicant: AUDREY N. Mc- unrestricted to containerization in pack­ GXJFFkY, doing business as A. N. Mc- be held at New Orleans, La. No. MC 127023 (Sub-No. 4) filed July ages. If a hearing is deemed necessary, GUFFEY, 610 East Locust Street, Scotts- applicant requests it be held at Jackson, ville, Ky. Applicant’s attorney: Ben K. 15, 1965. Applicant: R.M.E. TRANS­ PORT, INC., Post Office Box 418, Strea- Miss. Wilmot, 400 Republic Building, Louis­ No. MC 127274 (Sub-No. 5), filed ville, Ky. Authority sought to operate tor, 111. Applicant’s attorney: Robert H. Levy, 105 West Adams Street, Chi­ July 16, 1965. Applicant: SHERWOOD as a contract carrier, by motor vehicle, TRUCKING, INC., 1517 Hoyt Avenue, over irregular routes, transporting: cago 3, HI. Authority sought to operate as a common carrier, by motor vehicle, Post Office Box 2189, Muncie, Ind. Ap­ Lumber and ties, from the plantsite of plicant’s attorney: Howell Ellis, Suite Kentucky Tie & Lumber Go. at or near over irregular routes, transporting: Iron Greensburg, Ky., to Cookeville, McMinn­ and steel, and iron and steel articles, 616-618, Fidelity Building, 111 Monu­ ville, Nashville, and Tullahoma, Term., from Sterling and Rock Falls,. HI., to ment Circle, Indianapolis, Ind., 46204. Huntingburg, Jasper, Paoli, Salem, and points in Wisconsin. N ote: If a hearing Authority sought to operate as a common Tell City, Ind., and points in Clark, Floyd, is deemed necessary, applicant requests carrier, by motor vehicle, over irregular and Marion Counties, Ind., restricted to it be held at Chicago, HI. routes, transporting: Foodstuffs and food traffic originating at the plantsite of the No. MC 127042 (SUb-No. 5) filed July preparations (elxcept in bulk, in tank Kentucky Tie & Lumber Co. located at or 16, 1965. Applicant: HAGEN, INC., 4120 vehicles), from points in Indiana (except Floyd Boulevard, Sioux City, Iowa. Ap­ meats, meat products and packinghouse near Greensburg, Ky., and destined to products, from Muncie, Ind.), to points the above described territory. N ote: If plicant’s attorney: Duane W. Acklie, 605 a hearing is deemed necessary, applicant South 14th Street, Box 2028, Lincoln, in Kentucky (except Louisville and requests it be held at Louisville, Ky. Nebr. Authority sought to operate as a Covington), Tennessee, North Carolina, No. MC 126629 (Sub-No. 2), filed July common carrier, by motor vehicle, over South Carolina, Alabama, Louisiana, 15. 1965.. Applicant: J. C. ROSS, 6009 irregular routes, transporting: Meat, Georgia, Mississippi, Florida, Arkansas, Pamela Lane, Knoxville, Term. Appli­ meat products and meat byproducts, and Texas, and Virginia. Note : If a hearing cant’s attorney: Clarence Evans, 3d Na- articles distributed by meat packing­ is deemed necessary, applicant requests uonsl Bank Building, Nashville 3, Tenn. houses, as described in section A and C of it be held at Indianapolis, Ind. uthority sought to operate as a contract appendix I to the Report in Descrip­ No. MC 127296 (Sub-No. 1), filed July earner, by motor vehicle, over irregular tions in Motor Carrier Certificates, 61 16, 1965. Applicant: JOHN B. THOMP­ outes, transporting: Dry fertilizer and M.C.C. 209 and 766 (except hides and SON, doing business as CITY MOVING jertilizer materials and compounds, in & STORAGE, 38 Thomas Street, Clarks­ commodities in bulk, in tank vehicles), ville, Tenn. Authority sought to operate ulk and bags, and liquid nitrogen fer­ from the plantsite and/or storage fa­ as a contract carrier, by motor vehicle, tilizer in bulk, from Knoxville, Tenn., to cilities of Missouri Beef Packers, Inc., over irregular routes, transporting: Such Points in Cherokee, Clay, Graham, Hay- at or near Phelps City, Mo., to points in commodities as are dealt in by retail de­ ood, Jackson, Macon, and Swain Coun- Hlinois, Iowa, Minnesota, Nebraska, partment stores, for the account of «es, N.C., and points in Lee and Wise North Dakota, South Dakota, Wyoming, Montgomery Ward & Co., from Clarks- No. 149----- 7 9716 NOTICES ville, Term., to points in Christian, Logan, ing or unloading devices from New York, Clay, Marion, Piatt, and Lawrence Coun­ Simpson, Todd, and Trigg Counties, Ky. N.Y., to points in Connecticut, under a ties, HI.; points in Boyd, Greenup, Carter, Noté: If a hearing is deemed necessary, continuing contract with Treadwell Lewis, Rowan, Mason, Fleming, Bath, applicant requests it be held at Nashville, Corp., New York, N.Y. N ote: If a hear­ Bracken, Robertson, Nicholas, Bourbon, Term. ing is deemed necessary, applicant re­ Montgomery, Clark, Kenton, Pendleton, No. MC 127305 (Sub-No. 2), filed July quests it be held at Washington, D.C. Scott, Fayette, Woodford, Franklin, 19, 1965. Applicant: EARL C. DAVIS No. MC 127437, filed July 14,1965. Ap­ Owen, Grant, Boone, Gallatin, Carroll, AND JEAN E. DAVIS, a partnership, do­ plicant: ALLEN TRUCKING, INC., Troy Henry, Shelby, Oldham, Jefferson, Harri­ ing business as DAVIS TRUCKING CO., Hills Road, Whippany, N.J. Applicant’s son, Campbell, and Trimble Counties, 806 Egg Harbor Road, Woodbury. N.J. attorney: Charles J. Williams, 1060 Ky.; those points in Preston, Monongalia, Applicant’s attorney: Raymond A. This­ Broad Street, Newark, N.J., 07102. Au­ Marion, Taylor, Barbour, Harrison, tle, Jr., Suite 1408-09, 1500 Walnut thority sought to operate as a contract Lewis, Wetzel, Tyler, Doddridge, Gilmer, Street, Philadelphia 2, Pa. Authority carrier, by motor vehicle, over irregular Calhoun, Ritchie, Pleasants, Wirt, Roane, sought to operate as a contract carrier, routes, transporting: Waste paper, (1) Wood, Jackson, Putnam, Mason, Cabell, by motor vehicle, over irregular routes, between Whippany and Newark, N.J., on Wayne, Hancock, Brooke, Ohio, and transporting: Freight trailers and parts the one hand, and, on the other, New Marshall Counties, W. Va., those points thereof, for the account of General En­ York, N.Y., and (2) between New Haven in McKean, Warren, Erie, Crawford, Elk, gines Co., Inc., and for Thunderboldt and Versailles, Conn., on the one hand, Forest, Venango, Mercer, Lawrence, Trailer Corp., (1) from points in West and, on the other, Whippany and Clif­ Butler, Clarion, Jefferson, Clearfield, Deptford Township, N.J., to points in the ton, N.J. N ote: Applicant states the Cambria, Indiana, Armstrong, Allegheny, United States (excluding Alaska and service sought in (1) above will be per­ Beaver, Washington, Westmoreland, Hawaii), and (2) axles from Elkhart, formed under a contract or'continuing Somerset, Fayette, and Greene Counties, contracts with Allen Waste Inc. & Der- Pa., and to those points in Monroe, Liv­ Ind., to points in West Deptford Town­ ingston, Allegany, Orleans, Genesee, ship, N.J. N ote: If a hearing is deemed rico Co., Inc., and the service sought in necessary, applicant requests it be held (2) above will be performed under a Wyoming, Cattaraugus, Niagara, Erie, at Philadelphia, Pa. contract or continuing contracts with I. Chautauqua, Steuben, ^Wayne, Yates, No. MC 127402 (Sub-No. 1), filed July Hershman & Co., Inc., and Atlas Paper Ontario, Schuyler, and Seneca Counties, 19, 1965. Applicant: GEORGE GOLD­ Corp. If a hearing is deemed necessary, N.Y., including ports of entry on the STEIN, doing business as G. G. TRUCK­ applicant requests it be held at Newark, international boundary line between the ING CO., 30 East 208th Street, Bronx, N.J., or New York, N.Y. United States and Canada located in N.Y., 10467. Applicant’s representative: No. MC 127441, filed July 16,1965. Ap­ New York. Note: Applicant states it is Charles H. Trayford, 220 East 42d Street, plicant: LAWRENCE CARRIERS, LTD., authorized in Certificate MC 20584 to New York 17, N.Y. Authority sought to 1555 Grand Concourse, New York 52, N.Y. transport passengers and their baggage operate as a common carrier, by motor Applicant’s attorney: Arthur J. Piken, in charter operations from Toledo, Ohio, vehicle, over irregular routes, transport­ 160-16 Jamaica Avenue, Jamaica 32, N.Y. to points in Ohio; those in the Lower Authority sought to operate as a common Peninsula of Michigan; those in that part ing: Metal forks, knives, and spoons, of Illinois on and east of U5. Highway 51 other than gold or silver plated, in boxes, carrier, by motor vehicle, over irregular and on and north of U.S. Highway 50; from East Farmingdale (Suffolk Coun­ routes, transporting: Salt, (a) between those in that part of Indiana on and east ' ty) , N.Y., to points in the New York, N.Y., points in Nassau, Suffolk, Westchester, of U.S. Highway 41 and on and north of commercial zone, as defined by the Com­ Putnam, Dutchess, Orange, and Rock­ U.S. Highway 50; those in that part of mission. N ote: If a hearing is deemed land Counties, N.Y., Fairfield, New Pennsylvania on and west of U.S. High­ necessary, applicant requests it be held Haven, Hartford, and Litchfield way 219, those in that part of New York at New York, N.Y. Counties, Conn., and Philadelphia, Dela­ bounded by a line beginning at the New No. MC 127424, filed July 9,1965. Ap­ ware, Montgomery, and Bucks Counties, York-Pennsylvania State line and ex­ plicant: RAYMOND E. BURUSON, do­ Pa., and (b) from the above mentioned tending along U.S. Highway 219 to junc­ ing business as R. E. BURUSON counties to points in New Jersey north tion Alternate U.S. Highway 20, thence TRUCKING COMPANY, 110 Union of and including Burlington and Camden along Alternate U.S. Highway 20 to junc­ Street, Joliet, HI. Applicant’s attorney: Counties, N.J. N ote: If a hearing is tion U.S. Highway 15, thence along U.S. Elmer Jenkins, Peak Building, Benton, deemed necessary, applicant requests it Highway 15 through Rochester, N.Y., to HI. Authority sought to operate as a be held at New York, N.Y. Lake Ontario, thence along the Lake contract carrier, by motor vehicle, over M otor Carriers of P assengers Ontario Shore to the boundary of the irregular routes, transporting: Beer, United States and Canada, near Youngs­ from St. Paul, Minn., to Joliet, HL No. MC 20584 (Sub-No. 1), filed July town, N.Y., thence along the interna­ N ote: If a hearing is deemed necessary, 16,1965. Applicant: THE COMMUNITY tional boundary to Buffalo, N.Y., thence applicant requests it be held at Joliet, HI. TRACTION COMPANY, a corporation, along the Lake Erie Shore to the New No. MC 127432, filed July 12, 1965. 1127 West Central Avenue, Toledo, Ohio, York-Pennsylvania State line, near Applicant: SIX R’S CONSTRUCTION 43601. Applicant’s attorney: Donald A. Ripley, N.Y., and thence along the New COMPANY, a corporation, 4615 Dixie Finkbeiner, 1010 National Bank Building, York-Pennsylvania State line to point of Highway, Drayton Plains, Mich. Ap­ Toledo, Ohio, 43604. Authority sought beginning, including points and places plicant’s attorney: William B. Elmer, to operate as a common carrier, by motor on the indicated portion of the highway 22644 Gratiot Avenue, Kaiser Building, vehicle, over irregular routes, transport­ specified. Applicant states no duplica­ East Detroit, Mich. Authority sought to ing: Passengers and their hag gage in tion of authority is sought. Common operate as a common carrier, by motor charter and special operations, beginning control may be involved. If a hearing is vehicle, over irregular routes, transport­ and ending at points in Lucas, Fulton, deemed necessary, applicant requests it ing: Lime and limestone, in bulk, from Henry, Wood, Ottawa, Sandusky, Han­ be held at Toledo, Ohio. River Rouge, Mich., to points in Indiana, cock, Williams, Defiance, Seneca, Put­ No. MC 119414 (Sub-No. 2), filed July minois, Kentucky, and Ohio, and refused nam, and Paulding Counties, Ohio, and 19, 1965. Applicant: JAMES EN- arid rejected shipments, on return. extending to points in Ohio; those points in Michigan, including ports of entry on CAPERA AND THOMAS ENCAPERA, a N ote: If a hearing is deemed necessary, the international boundary line between partnership, doing business as GREATER applicant requests it be held at Lansing, the United States and Canada located in CHARLEROI BUS LINES, South Mc­ Mich., or Washington, D.C. Michigan; those points in Indiana; those Kean Avenue, Donora, Pa. Applicant’s No. MC 127433, filed July 12,1965. Ap­ points in Cook, Winnebago, Boone, Mc­ attorney: Arthur J. Diskin, Frick Build­ plicant: HEAVY LIFT SERVICE CORP., Henry, Lake, Ogle, Lee, De Kalb, Kane, ing, Pittsburgh 19, Pa. Authority sought 145 Wolcott Street, Brooklyn 31, N.Y. Du Page, La Salle, Kendall, Will, Putnam, to operate as a common carrier, by motor Applicant’s representative: George A. Grundy, Kankakee, Marshall, Living­ vehicle, over irregular routes, transport­ Olsen, 69 Tonnele Avenue, Jersey City, ston, Iroquois, Woodford, McLean, Ford, ing: Passengers and their baggage, in N.J., 07306. Authority sought to operate Vermilion, Champaign, De Witt, Macon, charter operations, beginning and ending as a contract carrier, by motor vehicle, Douglas, Edgar, Coles, Christian, Moul­ at Allenport, Bentleyville, California, over irregular routes, transporting: Oxy­ trie, Clark, Cumberland, Shelby, Fayette, Charleroi, Cokeburg, Donora, Dublevy, gen generators, oh equipment with load­ Effingham, Jasper, Crawford, Richland, Elco, Monongahela, North Charleroi, Wednesday, August 4, 1965 FEDERAL REGISTER 9717

Roscoe, Speers, Stockdale, and West Kisco, N.Y., thence north over East Main legheny Street, Hollidaysburg, Pa., 16648. Brownsville, and points in the townships Street to junction Green Street, thence For a license (BMC 5) to engage in of Carroll, Fallowfield, Somerset and west over Green Street to junction South operations as a broker at Hollidaysburg, West Pike Run (Washington County), Moger Avenue. Pa., in arranging for the transportation Pa.; Monessen, North Belle Vernon, and Thence north over South Moger Ave­ in interstate or foreign commerce, by the township of Rostraver (Westmore­ nue to junction Main Street, thence west motor vehicle, of passengers and their land County), Pa.; and Belle Vernon, over Main Street to Mount Kisco Station baggage, in charter operations, beginning Brownsville, Payette City, and points in Plaza, Mount Kisco, and return over the and ending at points in Blair, Bedford, the townships of Jefferson, and Washing­ same route, serving all intermediate Cambria, Huntingdon, and Centre Coun­ ton (Fayette County), Pa., and extending points; and (2) between White Plains, ties, Pa., and extending to points in to points in Maryland, New York, Ohio, N.Y., and Mount Kisco, N.Y., from White Pennsylvania, New York, West Virginia, Virginia, West Virginia, Delaware, New Plains at the Bus Terminal located on Maryland, Virginia, New Jersey, Dela­ Jersey, Connecticut, Rhode Island, Mas­ Central Avenue and Main Street, east ware, Ohio, and Washington, D.C. sachusetts, Indiana, Michigan, Illinois, over Main Street to junction Broadway, No. MC 12959, filed July 12,1965. Ap­ Kentucky, North Carolina, Tennessee, thence south over Broadway-to junction plicant: CROWN TRANSIT LINES, and the District of Columbia. N ote: If Armory Place, thence east over Armory INC., doing business as CROWN TOURS, a hearing is deemed necessary, Applicant Place to junction Westchester Avenue, 326 North 6th Street, Springfield, HI. requests it be held at Pittsburgh, Pa. thence east over Westchester Avenue to For a license (BMC 5) to engage in op­ No. MC 125902 (Sub-No. 1), filed July junction Underhill Avenue, thence north erations as a broker at Springfield, HI., 12, 1965. Applicant: MURRAY W. over Underhill Avenue to junction Lake in arranging for transportation by motor CALDWELL, Canaan Street Road, Street, thence north over Lake Street vehicle, in interstate or foreign com­ Canaan, N.H. Authority sought to op­ to junction New York Highway 120, merce of Passengers and their baggage, erate as a common carrier, by motor ve­ thence north over New York Highway 120 in charter and special operations, in all hicle, over irregular routes, transporting: to the entrance to Westchester County expense tours, beginning and ending at Passengers and their baggage, in charter Airport, thence east over Old Lake Street Springfield, Decatur, and Peoria, HI., and operations, beginning and ending at to the New York-Connecticut State line, extending to points in the United States, Orange, Canaan, Groton, Hebron, Dan­ thence north over King Street (Con­ including Alaska and Hawaii. N ote : Ap­ bury, Alexandria, Bristol, Bridgewater, necticut Highway 120A) within Fairfield plicant also holds common carrier New Hampton, and Franklin, N.H., and County, Conn., to the New York- passenger authority under MC 15317. Connecticut State line, thence north and extending to points in Massachusetts Applications of F reight F orwarders and Vermont. N ote: If a hearing is east over King Street (New York High­ deemed necessary, applicant requests it way 120A), within the town of North FREIGHT FORWARDERS OF PROPERTY ' be held at Concord, N.H. Castle, N.Y., to junction New King Street No. FF-320 (JET FORWARDING, No. MC 127300, filed May 24, 1965. (New York Highway 120), thence north INC.), FREIGHT FORWARDER APPLI­ Applicant: MT. KISCO BUS LINES, over New York Highway 120 to junction CATION, filed July 16,1965. Applicant: INC., 36 Canterbury Road, Yonkers, N.Y. New York Highway 22, thence north over JET FORWARDING, INC., 1415 West Applicant’s attorney: Sidney J. Leshin, New York Highway 22 to junction New Torrance Boulevard, Torrance, Calif. 55 Liberty Street, New York 5, N.Y. Au­ York Highway 128, thence north and east Applicant’^ attorney: Alan F. Wohlstet- thority sought to operate as a common over New York Highway 128 to junction ter, 1 Farragut Square South, Washing­ carrier, by motor vehicle, over regular East Main Street within the village of ton, D.C., 20006. Authority sought under routes, transporting: Passengers and Mount Kisco, N.Y., thence north over Part IV of the Interstate Commerce Act their baggage, in the same vehicle with East Main Street to junction Green as a freight forwarder in interstate or passengers, (1) between Port Chester, Street, thence west over Green Street to foreign commerce, in the forwarding of N.Y., and Mount Kisco, N.Y., from Port junction South Moger Avenue, thence used household goods, used automobiles, Chester over Boston Post Road (east of north over South Moger Avenue to junc­ and unaccompanied baggage, between Charles Street) to junction Pearl Street, tion Main Street, thence west over Main points in the United States, including thence north over Pearl Street to junc­ Street to Mount Kisco Station Plaza, Alaska and Hawaii. tion New Broad Street, thence east over Mount Kisco, and return over the same New Broad Street to junction Willet route, serving all intermediate points. Applications of W ater Carriers Avenue, thence north over,, Willet Ave­ N ote: Common control may be involved. WATER CARRIERS OF PROPERTY If a hearing is deemed necessary, appli­ nue, to junction King Street (New York No. W-1182 (Sub-No. 1), FRISCO Highway 120A), thence north over King cant requests it be held at New York, N.Y. TRANSPORTATION COMPANY—Com­ Street to the New York-Connecticut mon Carrier Application—filed July 15, State line, thence north over King Street No. MC 127426, filed July 12, 1965. Applicant: CITY OF NIAGARA FALLS, 1965. Applicant: FRISCO TRANSPOR­ within Fairfield County, Conn., to the TATION COMPANY, a corporation, 906 New York-Connecticut State line, thence NEW YORK, MUNICIPAL TRANS­ PORTATION COMMISSION, a munici­ Olive Street, St. Louis 1, Mo. Appli­ north over King Street within the town cant’s attorneys: Ernest D. Grinnell, Jr. of Rye, N.Y., to the New York-Connecti­ pal corporation, City Hall, Niagara Falls, N.Y. Applicant’s attorney: James Milne and John E. McCullough, 300 Frisco cut State line, thence north over King Building, St. Louis 1, Mo. Application Street within Fairfield County, Conn., (same address as applicant). Authority sought to operate as a common carrier, of Frisco Transportation Co., filed July to junction Old Lake Street, thence west 15, 1965, for authority to institute a new over Old Lake Street across the New by motor vehicle, over irregular routes, transporting: Passengers and their bag­ operation in interstate or foreign com­ York-Connecticut State line to the West­ merce, in year-round operation, as a chester County Airport, N.Y., thence east gage, in the same vehicle with passengers, in charter operations, beginning and common carrier by water of property over Old Lake Street to the New York- generally, and also to transport loaded Connecticut State line, thence north over ending at Niagara Falls, N.Y., and ex­ (and empty) railroad cars, trailers, King Street (Connecticut Highway tending to points in Pennsylvania, Ohio, trucks, and containers, beginning at the 120A) within Fairfield County, Conn., to and the ports of entry located on the head of navigation on the Verdigris River the New York-Connecticut State line, international boundary line between the near Catoosa, Okla., and follows the thence north and west over King Street United States and Canada located in Verdigris River to its confluence with the (New York Highway 120A) Within the New York. N ote : If a hearing is deemed Arkansas River. The route downstream town of North Castle, N.Y., to junction necessary, applicant requests it be held at from the mouth of the Verdigris River lon^ Street (New York Highway Niagara Falls, N.Y. follows the Arkansas River to the vicinity i20), thence north over New York High­ Applications for B rokerage Licenses of Arkansas Post. There it leaves the way 120 to. junction New York Highway river and continues eastward along an 22, thence north over New York Highway motor carriers of passengers artificial channel (Arkansas Post Canal) 22 to junction New York Highway 128, No. MC 12958 filed June 15, 1965.' Ap­ to join the lower White River. The route thence north and east over New York plicant: HARRY R. DEEM, 412 Walnut proceeds down the White River to the Highway 128 to junction East Mail* Street, Hollidaysburg, Pa. Applicant’s Mississippi River, thence via the Missis­ Street, within the village of Mount attorney: Merle K. Evey, 401-03 Al­ sippi River to Mobile, Ala., thence via the 9718 NOTICES Missouri River, thence via the Missouri Applicant: KENNETH F. ERKEL, Le 209, in bulk, in tank vehicles, between River to Kansas City, Missouri-Kansas. Center, Minn. ,Applicant’s attorney: points in that part of California and Also from the confluence of the White Harry Christian, 15 South Park Avenue, Nevada within 50 miles of Nipton, Calif., and Mississippi Rivers via the Mississippi Le Center, Minn. Authority sought to including Nipton.” This application is River to its mouth; thence via the Gulf operate as a common carrier, by motor filed pursuant to MC-C-4366, effective Intracoastal Waterway from the Missis­ vehicle, over regular routes, transport­ May 1, 1964, which provides the special sippi River to Mobile, Ala., thence via the ing: Commodities in bulk and commodi­ rules for conversion of irregular route Mobile, Tombigbee, and Warrior River ties requiring special equipment, between to regular route motor carrier opera­ System to Birmingham (Port Birming­ Le Center, Minn., and Cleveland, Minn., tions. S pecial N ote: Protests to this ham) ; also f rom Mobile, Ala., via the over Minnesota Highway 99, serving no application may be filed within 45 days inland waterway system to Pensacola, intermediate points. N ote: The pur­ instead of 30 days. Fla. These same routes will be followed pose of this republication is to correctly No. MC 116901 (Sub-No. 2), filed in the reverse direction. set forth the commodity description. July 12, 1965. Applicant: HARDIN- (a) From, to, and between all inter­ No. MC 113828 (Sub-No. 94), filed July HOUSTON, INC., Box 102, Hobbs, N. mediate points and ports, and the com­ 15, 1965. Applicant: O’BOYLE TANK Mex. Applicant’s attorney: Austin L. mercial zones adjacent thereto, on the LINES, INCORPORATED, 4848 Cordell Hatchell, Suite 11Q2, Perry-Brooks above route in the States of Oklahoma Avenue, Washington 14, D.C. Appli­ Building, Austin 1, Tex. Authority and Arkansas, (b) From and to all cant’s attorney: William P. Sullivan, sought to operate as a common carrier, points and ports on the Verdigris and 1825 Jefferson Place NW., Washington, by motor vehicle, over irregular routes, Arkansas Rivers, including their com­ D.C., 20036. Authority sought to oper­ transporting: Liquids, in bulk, in tank mercial zones, on the one hand, and ate as a common carrier, by motor vehi­ vehicles, used in and in connection with Frisco-System rail points; viz, Memphis, cle, over irregular routes, transporting: the discovery, development, production, Tenn.-West Memphis, Ark.; Wilson-East Dry alum, in bulk, in tank or hopper refining, manufacture, processing, and Wilson, Osceola, Luxor a, Armorel, Ark.; type vehicles, from Baltimore, Md., to storage of natural gas and petroleum Caruthersville, Cape Girardeau, Neelys, Neal, W. Va. and their products and byproducts (not Wittenberg, Seventy-Six, St. Marys, Ste. No. MC 116427 (Sub-No. 5), filed Feb­ including crude oil), subject to the re­ Genevieve, Brickeys, Rush Tower, Selma, ruary 25t, 1965. Applicant: LAS VEGAS striction that the transportation of re­ Crystal City-Festus, Mo.; St. Louis, Mo.- TANK LINES, INC., doing business as fined petroleum products is limited to East St. Louis, 111.; and Kansas City, LAS VEGAS TRUCK LINE, 722 North movements to oil well locations and the Mo.-Kansas City, Kans.; Mobile, Ala.; Main Street, Post Office Box 295, Las resultant salvage thereof from.oil well Pensacola, Fla., also serving Demopolis Vegas, Nev. Applicant’s attorney: location, between points in Chaves, Eddy, and Birmingham (Birmingham Port) on Donald Murchison, 211 South Beverly Lea, and Roosevelt Counties, N. Mex., the Mobile, Tombigbee, and Warrior Drive, Beverly Hills, Calif., 90212. Au­ and those in Pecos and Ward Counties, RiverS system, including their commer­ thority sought to operate as a common 1*6X« cial zones, on the other hand, (c) Ap­ carrier, by motor vehicle, over regular No. MC 120098 (Sub-No. 11), filed plicant will interchange barges with all routes, transporting: General commodi­ July 13, 1965. Applicant: UINTAH other water carriers at the nearest point ties (except petroleum and petroleum FREIGHTWAYS, a corporation, 348 or port to the confluence of the White products, as described in appendix x m West 1370 South, Salt Lake City, Utah. and Mississippi Rivers to all destinations to the report in Descriptions in Motor Applicant’s attorney: William S. Rich­ Which they are authorized to serve and Carrier Certificates, 61 M.C.C. 209, in ards, Walker Bank Building, Salt Lake will accept barges at said point or port bulk, in tank vehicles), (1) between City, Utah, 84111. Authority ^sought to from all water carriers for delivery to all Baker, Calif., and Boulder City, Nev., operate as a common carrier, by motor points arid ports on the Arkansas and from Baker over UB. Highway 91 to Las vehicle, over irregular routes, transport­ Verdigris Rivers, including their com­ Vegas, Nev., thence over UB. Highway 95 ing Gilsonite (natural asphaltum), from mercial zones, in the States of Arkansas via Henderson, Nev., to junction U.S. points in Duchesne and Uintah Counties, and Oklahoma. Also liquid and dry bulk Highway 93, thence over U.S. Highway Utah, to points iii Texas, Oklahoma, and commodities handled pursuant to the 93 to Boulder City, and return over the New Mexico, and rejected shipments, on exemption in section 303(b) or section same route, serving all intermediate return. \ 303(d). N ote: Applicant is a wholly points; (2) between junction U.S. High­ No. MC 123917 (Sub-No. 1), filed owned subsidiary of the St. Louis-San way 91 and Nevada Highway 41 and February 25, 1965. Applicant: COMER Francisco Railway Co. which seeks au­ Henderson, Nev., over Nevada Highway MOTOR EXPRESS, INC., Post Office thority in FD-23734, filed concurrently, 41, serving all intermediate points; and Box 697, Cherryville, N.C. Applicant’s to control applicant under the provisions (3) between Essex, Calif., and Las Vegas, attorney: James E. Wilson, 1735 K of section 5 (14) to (16) of the act. Nev., from Essex over U.S. Highway 66 Street NW., Washington, D.C. Au­ Applications in W hich Handling With­ to junction U.S. Highway 95, thence over thority sought to operate as a com­ out Oral H earing H as B een R equested UB. Highway 95 to junction UB. High­ mon carrier, by motor vehicle, over way 93, thence over U.S. Highway 93 to regular routes, transporting: General motor carriers of property Boulder City, Nev., thence return over commodities (except those of unusual No. MC 52858 (Sub-No. 104), filed July UB. Highway 93 to junction U.S. High­ value, livestock, household goods as de­ 12, 1965. Applicant: CONVOY COM­ way 95, thence over U.S. Highway 95 via fined by the Commission, commodities in PANY, a corporation, 3900 Northwest Henderson, Nev., to Las Vegas, and re­ bulk, commodities requiring special Yeon Avenue, Portland, Oreg., 97210. turn over the same route, serving all equipment, and those injurious or con­ Applicant’s attorney: Marvin Handler, intermediate /points. In connection taminating to other lading). (A) Be­ 625 Market Street, San Francisco 5, Calif. with the routes described above, appli­ tween Charlotte, N.C., and Dayton, Ohio, Authority sought to operate as a com­ cant proposes to serve all off-route (1) from Charlotte over Interstate High­ mon carrier, by motor vehicle, over ir­ points within 50 miles of Nipton, Calif., way 85 (to the extent completed) and regular routes, transporting: Automo­ including Nipton. N ote: Applicant over U.S. Highway 29 to Salisbury, N.C., biles, trucks, and buses, in secondary presently holds authority in Certificate thence over U.S. Highway 601 to Mount movements, in driveaway service, (a) No. MC 116427 to transport general com­ Airy, N.C., thence over U.S. Highway 52 from Laurel, Mont., to points in Wyo­ modities (no exceptions) between points to Hillsville, Va., thence over U.S. High­ ming, and (b) from Salt Lake City, Utah, in that part of California and Nevada way 221 to junction Virginia Highway to points in Idaho, Nevada, Utah, and within fifty (50) miles of Nipton, Calif., 100, thence over Virginia Highway 100 Wyoming. N ote: Applicant states the including Nipton. Should the general to junction Interstate Highway 81, thence service proposed in (a) and (b) above commodity authority sought above be over Interstate Highway 81 to eastern will be restricted to shipments having a granted, applicant desires to have its junction of Virginia Highway 100, thence prior movement by rail or by truck. present irregular-route authority amend­ over Virginia Highway 100 to Pearisburg, No. MC 56863 (Sub-No. 2) (Correc­ ed to read as follows: “Petroleum and Va., thence over U.S. Highway 460 to tion), filed June 30, 1965, published in petroleum products, as described in ap­ junction West Virginia Turnpike, thence F ederal R egister issue of July 28, 1965, pendix x m to the report in Descriptions over West Virginia Turnpike to junction and republished as corrected this issue. in Motor Carrier Certificates, 61 M.C.C. U.S. Highways 21 and 60, thence over Wednesday, August 4, 1965 FEDERAL REGISTER 9719 Syracuse, N.Y* (1) from Charlotte over oyer the same routes, serving Utica, N.Y„ U.S. Highway 60 to junction West as an intermediate point, (4) from Char­ Virginia Highway 17. Interstate Highway 85 (to the extent completed) and over UJ3. Highway 29 lotte over Interstate Highway 85 (to the Thence over West Virginia Highway extent completed) and over US. High­ 17 to Point Pleasant, W. Va., thence over to Salisbury, N.C. U.S. Highway 35 to Dayton, Ohio, and Thence over US. Highway 601 to Mt. way 29 to Greensboro, N.C., thence over return over the same route serving Salis­ Airy, N.C„ thence over U.S. Highway 52 US. Highway 220 to Roanoke, Va., bury, Kannapolis, and Concord, N.C., to Hillsville, Va., thence over US. High­ thence over US. Highway 11 (and over and Charleston, W. Va., as intermediate way 221 to junction Virginia Highway Interstate Highway 81 to the extent com­ points, (2) from Charlotte over the route 100, thence over Virginia Highway 100 pleted) to Harrisburg, Pa. described in 1 above to Hillsville, Va., to junction Interstate Highway 81, thence Thence over U.S. Highway 15 to thence over U.S. Highway 52 to Wythe- over Interstate Highway 81 to the east­ Rochester, N.Y. (also from Harrisburg ville, Va., thence over U.S. Highway 21 ern junction of Virginia Highway 100, over US. Highway 15 to Trout Run, Pa., to Charleston, W. Va., thence over Inter­ thence over Virginia Highway 100 to thence over Pennsylvania Highway 14 to state Highway 64 (to the extent com­ Pearisburg, Va., thence over U.S. High­ the New York-Pennsylvania State line, pleted) and U.S. Highway 60 to Hunting- way 460 to junction West Virginia Turn­ thence over New York Highway 14 to ton, W. Va., thence over U.S. Highway pike, thence over West Virginia Turnpike Geneva, N.Y., thence over US. Highway 52 to Portsmouth, Ohio, thence over to Beckley, W. Va., thence over U.S. 20 to Canandaigua, N.Y., thence over Ohio Highway 73 to junction Ohio High­ Highway 19 to Mercer, Pa., thence over New York Highway 332 to junction New way 3, thence over Ohio Highway 3 to U.S. Highway 62 to Gowanda, N.Y., York Highway 96, thence over New York Wilmington, Ohio, thence over U.S. thence over New York Highway 39 to Highway 96 to Rochester), and thence Highway 68 to Xenia, Ohio, thence over junction UJ3. Highway 15, thence over over New York Highway 31 to junction U.S. Highway 35 to Dayton, Ohio, and US. Highway 15 to Rochester, N.Y., New York Highway 5 and thence over return over the same route serving thence over New York Highway 31 to New York Highway 5 to Syracuse (also Wythevilie, Va., Bluefield, Beckley, junction New York Highway 5, thence from Rochester over Interstate Highway Charleston, and Huntington, W. Va., as over New York Highway 5 to Syracuse 90, the New York Thruway, to Syracuse, intermediate points, (3) from Charlotte (and also from Rochester, N.Y., over and return over the same routes serving over U.S. Highway 31 to Charleston, Interstate Highway 90-, the New York' Roanoke, Lexington, and Winchester, W. Va., thence over U.S. Highway 60 to Thruway, to Syracuse), and return over Va., Martinsburg, W. Va., and Rochester, junction West Virginia Highway 17, the same route serving Beckley, and N.Y., as intermediate points and serving thence over West Virginia Highway 17 Clarksburg, W. Va., Rochester, N.Y., Covington, Va., as an off-route point). to Point Pleasant, W. Va., thence over Concord, Salisbury, and Kannapolis, N ote: Applicant states service from or to U.S. Highway 35 to Dayton, Ohio, and N.C., as intermediate points. (2) Prom named intermediate points in routes 1 return over the same route serving Charlotte over Interstate Highway 85 (to through 4 of Part B herein is proposed Wythevilie, Va., Bluefield, Beckley, and the-extent completed) and over US. only to the following extent: (1) Between Charleston, W. Va., as intermediate Highway 29 to Greensboro, N.C. Charlotte, N.C., and the intermediate points, (4) from Charlotte over the route Thence over US. Highway 220 to points in North Carolina named herein, described in 1 above to junction U.S. Roanoke, Va., thence over U.S. Highway on the one hand, and named intermedi­ Highways 21 and 60, thence over Inter­ 11 to Syracuse, N.Y. (also from Roanoke, ate points in the States of Virginia, West state Highway 77 (to the extent com­ Va. over US. Highway 11 to Harrisburg, Virginia, and New York, on the other pleted) and over U.S. Highway 21 to Pa., thence over US. Highway 15 to hand, (2) between Syracuse, N.Y., and Parkersburg, W. Va. Trout Run, Pa., thence over Pennsyl­ the intermediate points in New York, Thence over U.S. Highway 50 to Chilli- vania Highway 14 to the New York- Virginia, and West Virginia as named cothe, Ohio, thence over U.S. Highway Pennsylvania State line, thence over New herein, on the one hand, and Charlotte, 35 to Dayton, and return over the same York Highway 14 to junction New'York N.C., and the intermediate points in route serving Charleston and Parkers­ Highway 13, thence over New York High­ North Carolina as named herein, on the burg, W. Va., as intermediate points, (5) way 13 to Cortland, N.Y., thence over US. other hand, (C) between Charlotte and from Charlotte over Interstate Highway Highway 11 to junction Interstate High­ Salisbury, N.C.: from Charlotte over U.S. 85 to Kings Mountains, N.C., thence over way 81, thence over Interstate Highway Highway 29 to junction Alternate U.S. U.S., Highway 74 to Shelby, N.C., thence 81 to Syracuse, N.Y.), and return over Highway 29. over North Carolina Highway 18 to junc­ the same routes serving Roanoke, Lex­ Thence over Alternate U.S. Highway tion Interstate Highway 40, thence over ington, and Winchester, Va., and Mar- 29 to Salisbury, N.C., and return to Interstate Highway 40 to Old Port, N.C., tinsburg, W. Va., as intermediate points Charlotte over the same route, (D) be­ thence over U.S. Highway 70 to Asheville, (also between Roanoke, Va. and Syra­ tween Charlotte and Monroe, N.C., over N.C., thence over U.S. Highway 25 to cuse, N.Y., over Interstate Highway 81 U.S. Highway 74, (E) between Charlotte Newport, Tenn., thence over U.S. High­ (to the extent completed), serving no and Lincolnton, N.C., from Charlotte, way 25E to Corbin, Ky., thence over intermediate points, as an alternate over U..S. Highway 29 to Gastonia, N.C., U.S. Highway 25 to junction Interstate route), (3) from Charlotte over Inter­ thence over U.S. Highway 321 to junction Highway 75, thence over Interstate state Highway 85 (to the extent com­ North Carolina Highway 277, thence over Highway 75 to Dayton, and return over pleted) and over US. Highway 29 to North Carolina Highway 277 to Cherry- the same route serving Gastonia and Greensboro, N.C., thence over US. High­ ville, N.C., thence over North Carolina Kings Mountain, N.C., as intermediate way 29 to junction US. Highway 40, Highway 150 to Lincolnton, and return Points and serving Bristol, Va., as an off- .thence over U.S. Highway 40 to Balti­ over the same route, (P) between Char­ route point. N ote: Applicant states more, Md. (also over Interstate Highway lotte and Mooresville, N.C., from Char­ service from or to intermediate points 495 bypassing Washington, D.C., and lotte over North Carolina Highway 27 to specifically named in routes 1 through over Interstate Highway 695 bypassing Lincolnton, thence over North Carolina 5 of part A is proposed only to the fol­ Baltimore, Md.), thence over Interstate Highway 150 to Mooresville N.C., thence lowing extent: (1) Between Charlotte, Highway 83 to Harrisburg, Pa., and return over North Carolina Highway 150 N.C., and the intermediate points as thence over US. Highway 11 to Bing­ to Salisbury, N.C., thence over U.S. High­ named herein in the State of North hamton, N.Y. (also from Harrisburg, Pa., way 29 to junction Alternate U.S. High­ Carolina, on the one hand, and Dayton, over US. Highway 11 to junction U.S. way 29, thence over Alternate U.S. Ohio, and intermediate points in the Highway 309, thence over U.S. Highway Highway 29 to Charlotte, N.C., and re­ States of Virginia and West Virginia as 309 to junction US. Highway 6, and turn over the same route, (G) between named herein, on the other hand, (2) thence over US. Highway 6 to junction Charlotte and Pineville, N.C., oyer U.S. between Dayton, Ohio, and intermediate US. Highway 11, and thence over US. Highway 21. N ote: Applicant states Points in the States of Virginia and West Highway 11 to Binghamton), thence over regular routes (C) through (G) inclu­ Virginia as named herein, on the one New York Highway 12 to Utica, N.Y., and sive, will be used as pickup and delivery hand, and Charlotte, N.C., and the in­ thence over New York Highway 5 to routes (peddle runs), from Charlotte, termediate points in the State of North Syracuse, N.Y. (also from Utica, N.Y., N.C., terminal, originating and terminat­ Carolina as named herein, on the other over Interstate Highway 90, the New ing in Charlotte, serving all intermediate nand. (B) Between Charlotte, N.C., and York Thruway, to Syracuse), and return points and serving as off-route points all 9720 NOTICES points in North Carolina within a thirty South, Jr., agent (No. A4737), for and on M o t o r C a r r i e r s o f P r o p e r t y (30) mile radius of Charlotte, N.C. This behalf of Southern Railway Co. Rates No. MC 2401 (Deviation No. 9), application is filed pursuant to MC-C- on liquid caustic soda, in tank carloads, MOTOR FREIGHT CORPORATION, 4366, effective May 1, 1964, which pro­ from Evans City, Ala., to Canton, N.C. 2345 South 13th Street, Terre Haute, vides the special rules for conversion of Grounds for relief—Market competi­ Tnd., 47802, filed July 19, 1965. Carrier irregular route to regular route motor tion. proposes to operate as a common carrier, carrier operations. S p e c i a l N o t e : Pro­ Tariff—Supplement 204 to Southern tests to this application may be filed Freight Association, agent, tariff ICC by motor vehicle, of general commodi­ within 45 days instead of 30 days. S-194. ties, with certain exceptions, over a devi­ No. MC 124078 (Sub-No. 148), filed FSA No. 39945—Liquid caustic soda ation route as follows: Between Clinton, July 12, 1965. Applicant: SCHWER- from Evans City, Ala. Filed by O. W. Ind., and the junction of Indiana High­ MAN TRUCKING CO., a corporation, South, Jr., agent (No. A4738), for and on way 63 and U.S. Highway 41, at or near 611 South 28th Street, Milwaukee, Wis., behalf of Southern Railway Co. Rates Carbondale, Ind., over Indiana Highway 53246. Applicant’s attorney: James R. on liquid caustic soda, in tank carloads, 63, for operating convenience only. The Ziperski (same address as applicant). from Evans City, Ala., to Griffin, Ga. notice indicates that the carrier is pres­ Authority sought to operate as a commore Grounds for relief—Market competition. ently authorized to transport the same carrier, by motor vehicle, over irregular Tariff—Supplement 205 to Southern commodities over pertinent service routes, transporting: Lubricating oil, Freight Association, agent, tariff ICC routes as follows: (1) Between Terre from Milwaukee, Wis., to Batavia, 111. S-194. Haute and Clinton, Ind., over Indiana FSA No. 39946—Liquid caustic soda Highway 63; (2) from Chicago, HI., over MOTOR CARRIERS OF PASSENGERS from Evans City, Ala. Filed by O. W. Illinois Highway 49 to Kansas, HI., No. MC 1515 (Sub-No. 84), filed July 9, South, Jr., agent (No. A4741), for inter­ thence over Illinois Highway 16 to Paris, 1965. Applicant: GREYHOUND LINES, ested rail carriers. Rates on liquid caus­ HI., thence over Illinois Highway 1 to INC., 140 South Dearborn Street, Chi­ tic soda, in tank carloads, from Evans Marshall, 111., thence over U.S. Highway cago 3, 111. Applicant’s attorney: Robert City, Ala., to Louisville, Ky. 40 to Terre Haute, Ind. (also from Paris J. Bernard (same address as applicant). Grounds for relief—Market competi­ over U.S. Highway 150 to Terre Haute), Authority sought to operate as a common tion. and thence over U.S. Highway 41 to carrier, by motor vehicle, over regular Tariff—Supplement 206 to Southern Evansville, 111.; and (3) from junction routes, transporting: Passengers and Freight Association, agent, tariff ICC Illinois Highway 49 and U.S. Highway 30 their baggage, express, and newspapers, S-194. over U.S. Highway 30 to junction U.S. in the same vehicle with passengers, be­ FSA No. 39947—Chlorine from Evans Highway 41, and return over the same tween junction Kentucky Highways 15 City, Ala. Filed by O. W. South, Jr., routes. and 1812 (formerly Kentucky Highway agent (No. A4742), for and on behalf of No. MC 2401 (Deviation No. 10), MO­ 15) at or near Campton, Ky., and junc­ Southern Railway Co. Rates on chlor­ TOR FREIGHT CORPORATION, 2345 tion Kentucky Highways 15 and 1812 at ine, in tank carloads, from Evans City, South 13th Street, Terre Haute, Ind., or near Jackson, Ky., over Kentucky Ala., to Charleston, S.C. 47802, filed July 19, 1965. Carrier pro­ Highway 15, serving all intermediate Grounds for relief—Market competi­ poses to operate as a common carrier, by points. Note: Common control may be tion. motor vehicle, of general commodities, involved. Tariff—Supplement 206 to Southern with certain exceptions, over a deviation By the Commission. Freight Association, agent, tariff ICC route as follows: Between St. Louis, Mo., S-194. and Columbus, Ohio, over Interstate [ s e a l ] H. N e i l G a r s o n , Highway 70, for operating convenience Secretary. By the Commission. only. The notice indicates that the car­ [F.R. Doc. 65-8168; Filed, Aug. 3, 1965; [ s e a l ] h . N e i l G a r s o n , rier is presently authorized to transport 8:45 a.m.] Secretary. the same commodities over a pertinent [FJEt. Doc. 65-8165; Filed, Aug. 3, 1965; service Iroute as follows: From St. Louis, 8:46 ajn.] Mo., over U.S. Highway 40 to junction FOURTH SECTION APPLICATIONS U.S. Highway 35 near Richmond, Ind., FOR RELIEF thence over U.S. Highway 35 to Xenia, [Notice No. 361] Ohio, thence over U.S. Highway 42 to J uly 30,1965. London, Ohio, thence over Ohio High­ Protests to the granting of an applica­ MOTOR CARRIER ALTERNATE ROUTE way 142 to junction U.S. Highway 40, tion must be prepared in accordance with . DEVIATION NOTICES and thence over U.S. Highway 40 to Co­ R ule1.40 of the general rules of practice lumbus, Ohio, and return over the same (49 CFR 1.40) and filed within 15 days J uly 30, 1965. The following letter-notices of pro­ route. from the date of publication of this No. MC 2401 (Deviation No. 11), MO­ notice in the F e d e r a l R e g i s t e r . posals to operate over deviation routes for operating convenience only have TOR FREIGHT CORPORATION, 2345 L o n g - a n d -S h o r t H a u l been filed with the Interstate Commerce South 13th Street, Terre Haute, Ind., 47802, filed July 19, 1965. Carrier pro­ FSA No. 39942—Sulfuric acid from Commission, under the Commission’s Deviation Rules Revised, 1957 (49 CFR poses to operate as a common carrier, by LeMoyne, Ala. Filed by O. W. South, motor vehicle, of general commodities, Jr., agent (No. A4739), for interested 211.1(c)(8)) and notice thereof to all interested persons is hereby given as with certain exceptions, over a deviation rail carriers. Rates on sulfuric acid, in route as follows: Between St. Louis, Mo., tank carloads, from LeMoyne, Ala., to provided in such rules (49 CFR 211.1 (d)(4)). and the junction of U.S. Highway 40, Buford and Hartwell, Ga. east of Highland, 111., over Interstate Grounds for relief—Market competi­ Protests against the use of any pro­ Highway 270, for operating convenience tion. Tariff—Supplement 128 to South­ posed deviation route herein described ern Freight Association, agent, tariff may be filed with the Interstate Com­ only. The notice indicates that the car­ ICC S-162. merce Commission in the manner and rier is presently authorized to transport FSA No. 39943—Sulfuric acid from Le­ form provided in such rules (49 CFR the same commodities over a pertinent Moyne, Ala. Filed by O. W. South, Jr., 211.1(e)) at any time, but will not oper­ service route as follows: Between Mar­ agent (No. A4740), for and on behalf of ate to stay commencement of the pro­ shall, 111., and St. Louis, Mo., over U.S. Southern Railway Co. Rates on sul­ posed operations unless filed within 30 Highway 40. furic acid, in tank carloads, from Le­ days from the date of publication. No. MC 2401 (Deviation No. 12). Successively filed letter-notices of the MOTOR FREIGHT CORPORATION, Moyne, Ala., to Charlotte, N.C. 2345 South 13th Street, Terre Haute, Ind., Grounds for relief—Market competi­ same carrier under the Commission’s 47802, filed July 23, 1965. Carrier pro­ tion. Tariff—Supplement 128 to South­ Deviation Rules Revised, 1957, will be poses to operate as a common carrier, ern Freight Association, agent, tariff numbered consecutively for convenience by motor vehicle, of general commodities, ICC S-162. in identification and protests if any with certain exceptions, over a deviation FSA No. 39944—Liquid caustic soda should refer to such letter-notices by route as follows: From C o l u m b u s , Ohio, from Evans City, Ala. Filed by O. W. number. over U.S. Highway 23 to Upper Sandusky, 'Wednesday, August 4, 1965 FEDERAL REGISTER 9721 Ohio, thence over U.S, Highway 30N to over New York Highway 71 to Green No. MC 22214 (Deviation No. 4), AC­ junction U.S. Highway 30 (near Delphos, River, N.Y., thence over New York High­ CELERATED TRANSPORT-PONY EX­ Ohio), and thence over U.S. Highway 30 way 22 to junction New York Highway PRESS, INC., 23 and 61 West Lee Street, to junction Indiana Highway 53 (near 203, thence over New York Highway 203 Hagerstown, Md., filed July 27, 1965. Merrillville, Ind.), and return over the via Valatie, N.Y., to junction U.S. High­ Carrier proposes to operate as a com­ same route, for operating convenience way 9, thence over U.S. Highway 9 to mon carrier, by motor vehicle, of gen­ only. The notice indicates that the car­ junction U.S. Highway 20, thence over eral commodities, with certain excep­ rier is presently authorized to transport U.S, Highway 20 to junction U.S. High­ tions, over a deviation route as follows: the same commodities over a pertinent way 4, and thence over U.S. Highway 4 Between Harrisburg and Downingtown, service route as follows: From Columbus, to Troy, N.Y., (3) from Westfield, Mass., Pa., over U.S. Highway 322, for operat­ Ohio, over U.S. Highway 40 to West Jef­ over U.S. Highway 20 to Pittsfield, Mass., ing convenience only. The notice indi­ ferson, Ohio, thence over Ohio Highway thence over Massachusetts Highway 9 to cates that the carrier is presently 142 to London, Ohio, thence over U.S. Coltsville, Mass., and thence over Mas­ authorized to transport the same com­ Highway 42 to Xenia, Ohio, thence over sachusetts Highway 8 to North Adams, modities over a pertinent service route as U.S. Highway 35 via Dayton and Eaton, Mass., and return over the same routes. follows: From Gettysburg, Pa., over UJS. Ohio, to junction U.S. Highway 40, No. MC 10207 (Deviation No. 2), MC­ Highway 15 to Harrisburg, Pa., thence thence over U.S. Highway 40 via Rich­ CLAIN DRAY LINE, INC., 404 Railroad over U.S. Highway 230 to Lancaster, Pa., mond, Ind., to Indianapolis, Ind., thence Avenue, Marion, Ind., 46953, filed July thence over UJS. Highway 30 to Philadel­ over U.S. Highway 52 to Montmorenci, 20, 1965. Carrier proposes to operate as phia, Pa., and from Gettysburg, Pa., Ind., thence over U.S. Highway 231 (for- - a common carrier, by motor vehicle, of over L[.S. Highway 30 to Lancaster, Pa., merly portion Indiana Highway 52) to general commodities, with certain excep­ and return over the same routes. junction Indiana Highway 53, and thence tions, over a deviation route as follows: No. MC 42487 (Deviation No. 41), over Indiana Highway 53 to junction U.S. From junction of U.S. Highways 30 and CONSOLIDATED FREIGHTWAYS Highway 30, and return over the same 41, over U.S. Highway 41 to junction U.S. CORPORATION OF DELAWARE, 175 route. Highway 52, thence over U.S. Highway 52 Linfield Drive, Menlo Park, Calif., filed No. MC 2542 (Deviation No. 13) to junction Interstate Highway 65, near July 19, 1965. Carrier proposes to oper­ ADLEY EXPRESS COMPANY, 216 Lebanon, Ind., thence over Inter­ ate as a common carrier, by motor ve­ Crown Street, New Haven, Conn., filed state Highway 65 to junction Interstate hicle, of general commodities, with cer­ July 21, 1965. Carrier proposes to op­ Highway 465, near Indianapolis, Ind., tain exceptions over a deviation route as erate as a common carrier, by motor ve­ thence over Interstate Highway 465 to follows: From Newark, N.J., over Inter­ hicle, of general commodities, with cer­ junction Interstate Highway 74, near In­ state Highway 78 to junction Interstate tain exceptions -over a deviation route dianapolis, Ind., and thence over Inter­ Highway 81, thence over Interstate High­ as follows: From junction U.S. Highway state Highway 74 to Cincinnati, Ohio, way 81 to junction Interstate Highway 1 and Interstate Highway 95 south of and return over the same route, for 83, and thence over Interstate Highway Fredericksburg, Va., over Interstate operating convenience only. The notice 83 to Harrisburg, Pa., and return over Highway 95 to junction Interstate High­ indicates that the carrier is presently the same route, for operating conven­ way 495, thence over Interstate Highway authorized to transport the same com­ ience only. The notice indicates that the 495 to junction Baltimore - Washington modities over a pertinent service route carrier is presently authorized to trans­ Expressway, thence over Baltimore- as follows: From junction of UJS. High­ port the same commodities over perti­ Washington Expressway to junction In­ ways 30 and 41, over U.S. Highway 30 to nent service routes as follows: (1) From terstate Highway 95 at Baltimore, Md.f Valparaiso, Ind., thence over U.S. High­ Harrisburg, Pa. over U.S. Highway 322 and return over the same route, for op­ way 30 to Plymouth, Ind., thence over (formerly U.S. Highway 422) to junction erating convenience only. The notice U.S. Highway 31 to Peru, Ind., thence U.S. Highway 422 (near Hummelstown, indicates that the carrier is presently over Indiana Highway 21 to Marion, Ind., Pa.), thence over U.S. Highway 422 to authorized to transport the same com­ thence over Indiana Highway 18 to junc­ Reading, Pa., thence over UJS. Highway modities over a pertinent service route tion Indiana Highway 3, thence over 222 to Allentown, Pa., thence over un­ as follows: From Suffolk, Va., over U.S. Indiana Highway 3 to Muncie, Ind., numbered highway (formerly U.S. High­ Highway 460 to Petersburg, Va., and thence over U.S. Highway 35 to Rich­ way 22) via Bethlehem, Butztown, Wil­ thence over UJS. Highway 1 via Rich­ mond, Ind., and thence over U.S. High­ son, and Easton, Pa., toBhillipsburg, N.J., mond and Fredericksburg, Va., to Balti­ way 27 to Cincinnati, Ohio, and return thence over U.S. Highway 22 to junction more, Md., and return over the same over the same route. unnumbered highway (formerly UJS. route. No. MC 20824 (Deviation No. 5), COM­ Highway 22), thence over unnumbered No. MC 2542 (Deviation No. 14), AD­ MERCIAL MOTOR FREIGHT OF IN­ highway via Clinton and Annandale, LEY EXPRESS COMPANY, 216 Crown DIANA, 111 East McCarty Street, In­ N.J., to junction U.S. Highway 22, thence Street, New Haven, Conn., filed July 22, dianapolis, Ind., 46225, filed July 19,1965. over UJS. Highway 22 to junction un­ 1965. Carrier proposes to operate as Carrier proposes to operate as a com­ numbered highway (formerly U.S. High­ a common carrier, by motor vehicle, of mon carrier, by motor vehicle, of gen­ way 22’), thence over unnumbered high­ general commodities, with certain excep­ eral commodities, with certain excep­ way via Lebanon, N.J., to junction U.S. tions over a deviation route as follows: tions, over a deviation route as follows: Highway 22 (west of Potterstown, N.J.), From East Lee, Mass., over Massachusetts Between Cincinnati, Ohio, and Louis­ thence over U.S. Highway 22 to Newark, Turnpike to the New York-Massachusetts ville, Ky., over Interstate Highway 71, N.J.; (2) between Harrisburg, Pa., and State line, thence over the Berkshire sec­ for operating convenience only. The no­ Allentown, Pa., over UJS. Highway 22; tion of Interstate Highway 90 to junction tice indicates that the carrier is present­ and (3) from Boston, Mass., over U.S. New York Thruway at or near Selkirk, ly authorized to transport the same com­ Highway 1 to New York, N.Y. (also from N.Y., thence over New York Thruway modities over pertinent service routes as Boston over Massachusetts Highway 1A to Albany, N.Y., and return over the same follows: (1) From Louisville, Ky., over to junction U.S. Highway 1 near North route. The notice indicates that the car­ U.S. Highway 31E to Sellersburg, Ind., Attleboro, Mass.), thence via bridge, rier is presently authorized to transport thence over U.S. Highway, 31 to junction ferry or tunnel and U.S. Highway 1 to the same commodities over pertinent Alternate U.S. Highway 31, thence over Newark, N.J., and return over the same service routes as follow: (1) From Win- Alternate U.S. Highway 31 via Columbus, routes. sted, Conn., over U.S. Highway 44 to Ind., to junction U.S. Highway 31, thence No. MC 42487 (Deviation No. 42), CON­ Canaan, Conn., thence over U.S. High­ SOLIDATED FREIGHTWAYS COR­ over U.S. Highway 31 via Franklin and PORATION OF DELAWARE, 175 Lin­ way 7 via Great Barrington, Mass., to Indianapolis, Ind., to South Bend, Ind.; Pittsfield, Mass., thence over U.S. High­ field Drive, Menlo Park, Calif., filed July way 20 to Albany, N.Y., (2) from Win- (2) between Cincinnati, Ohio, and Bed­ 19, 1965. Carrier proposes to operate as sted, Conn., to Great Barrington, Mass., ford, Ind., over U.S. Highway 50; and a common carrier, by motor vehicle, of as specified above, thence over Massa­ (3) from Jeffersonville, Ind., over In­ general commodities, with certain excep­ chusetts Highway 23 to junction Massa­ diana Highway 62 to Charlestown, Ind., tions, over a deviation route as follows: chusetts Highway 71, thence over Mas­ thence over Indiana Highway 3 to Fort Between Washington, D.C., and Boston, sachusetts Highway 71 to the Massa- Wayne, Ind., and return over the same Mass., over Interstate Highway 95, for chusetts-New York State line, thence routes. operating convenience only. The notice 9722 NOTICES indicates that the carrier is presently au­ the carrier is presently authorized to Highway 6, and return over the same thorized to transport the same commodi­ transport the same commodities over routes. ties over pertinent service routes as fol­ pertinent service routes as follow: (1) lows: (1) Between Philadelphia, Pa., and Prom Titusville, Pa., over Pennsylvania By the Commission. Newark, N.J., over U.S. Highway 1; (2) Highway 27 to Meadville, Pa., thence over Cseal] H. N eil G arson, from Baltimore, Md., over U.S. Highway U.S. Highway 322 to Cleveland, Ohio; Secretary. 40 to junction U.S. Highway 13, thence (2) from Erie, Pa., over Pennsylvania [F.R. Doc 65-8166; File, Aug. 3, 1965; over U.S. Highway 13 to Philadelphia, Highway 99 to Cambridge Springs, Pa., 8:46 am.] Pa.; (3) between Baltimore, Md., and thence over U.S. Highway 19 to Mead­ Washington, D.C., over U.S. Highway 1; ville, Pa.; (3) from Erie, Pa., over Penn­ [Notice No. 798] (4) from Boston, Mass., over U.S. High­ sylvania Highway 5 to the Pennsylvania- way 1 to New York, N.Y., thence via New York State line, and thence over MOTOR CARRIER APPLICATIONS AND bridge, ferry, or tunnel and U.S. Highway New York Highway 5 to Buffalo, N.Y.; CERTAIN OTHER PROCEEDINGS 1 to Newark, N.J.; and (5) from Phila­ (4) from Erie, Pa., over U.S. Highway 20 delphia, Pa., over U.S. Highway 13 to to junction New York Highway 18, and J uly 30, 1965. junction U.S. Highway 40, thence over thence over New York Highway 18 to The following publications are gov­ U.S. Highway 40 to St. Louis, Mo., and re­ Buffalo, N.Y.; (5) from New Castle, Pa., erned by the new Special Rule 1.247 of turn over the same routes. over U.S. Highway 422 via Youngstown, the Commission’s rules of practice, pub­ No. MC 42487 (Deviation No. 43), CON­ Ohio, to Cleveland, Ohio; (6) from lished in the F ederal R egister, issue of SOLIDATED FREIGHTWAYS CORPO­ Sharon, Pa., over city streets to the December 3, 1963, which became effec­ RATION OP DELAWARE, 175 Linfield Pennsylvania-Ohio State line, thence tive January 1, 1964. Drive, Menlo Park, Calif., filed July 21, over Ohio Highway 82 to Warren, Ohio, The publications hereinafter set forth 1965. Carrier proposes to operate as a and return over the same routes; (7) reflect the scope of the applications as common carrier, by motor vehicle, of between Tidioute and Sharon, Pa., over filed by applicants, and may include de­ general commodities, with certain excep­ U.S. Highway 82; and (8) between Mead­ scriptions, restrictions, or limitations tions over a deviation route as follows: ville and Pittsburgh, Pa., over U.S. High­ which are not in a form acceptable to Prom Indianapolis, Ind., over Interstate way 19. the Commission. Authority which ul­ Highway 465 to junction Interstate High­ No. MC 107500 (Deviation No. 25), timately may be granted as a result of way 69, thence over Interstate Highway BURLINGTON TRUCK LINES, INC., the applications here noticed will not 69 to Fort Wayne, md., and return over 796 South Pearl Street, Galesburg, HI., necessarily reflect the phraseology set the same route, for operating conven­ applicant’s representative, John W. Mur­ forth in the application as filed, but also ience only. The notice indicates that the ray (same address as applicant’s) filed will eliminate any restrictions which are carrier is presently authorized to trans­ July 19, 1965. Carrier proposes to op­ not acceptable to the Commission, port the same commodities over pertinent erate as a common carrier, by motor Applications Assigned for OrAl Hearing service routes as follow: (1) Between Port vehicle, of general commodities with cer­ Wayne, and Huntington, Ind., over U.S. tain exceptions' over a deviation route MOTOR CARRIERS OP PROPERTY Highway 24; (2) between Marion and as follows: Between St. Louis, Mo., and No. MC 39406 (Sub-No. 13) (Republi­ Huntington, Ind., over Indiana Highway Denver, Colo., over Interstate Highway cation) filed July 6,1965, published Fed­ 9; (3) from Indianapolis, Ind., over In­ 70, for operating convenience only. The eral R egister, issue of July 29, 1965, diana Highway 67 to junction Indiana notice indicates that the carrier is pres­ and republished this issue. Applicant: Highway 9, thence over Indiana High­ ently authorized to transport the same CENTRAL MOTOR LINES, INCORPO­ way 9 to Anderson, Ind., thence over commodities over pertinent service routes RATED, 324 North College Street, Post Indiana Highway 32 to Muncie, Ind.; and as follow: (1) Between St. Louis, Mo., Office Box 1067, Charlotte, N.C., 28201. (4) from Muncie, Ind,, over unnumbered and junction U.S. Highway 67 and Hli- Applicant’s attorney: Nuel D. Belnap, 1 highway (formerly portion U.S. High­ nois Highway 101 over UJS. Highway 67; North La Salle Street, Chicago, HI., 60602. way 35) to Saint Anthony, Ind., thence (2) from Davenport over U.S. Highway Authority sought to operate as a common over U.S. Highway 35 to Jonesboro, Ind., 67 to junction Illinois Highway 92, thence carrier, by motor vehicle, oyer regular thence over Indiana Highway 15 (form­ over Illinois Highway 92 to Taylor Ridge, routes, transporting: General commodi­ erly Indiana Highway 21), to Marion, HI., thence over Illinois Highway 94 to ties (except those of unusual value, Ind., and return over the same routes. junction Illinois Highway 135, thence classes A and B explosives, livestock, No. MC 66562 (Deviation No. 18), over Hlinois Highway 135 to junction household goods as defined by the Com­ RAILWAY EXPRESS AGENCY, IN­ Illinois Highway 164, thence over Hlinois mission, commodities in bulk and those CORPORATED, 219 East 42d Street, Highway 164 to Monmouth, HI., thence requiring special equipment), (1) be­ New York, N.Y., 10017, filed July 20, over U.S. Highway 67 to junction Illinois tween Asheville, N.C., and Indianapolis, 1965. Carrier proposes to operate as a Highway 101, and thence over Illinois Ind.; from Asheville over U.S. Highway common carrier, by motor vehicle, of Highway 101 to Augusta, HI., and (3) 25 to junction U.S. Highway 25E, thence general commodities, with certain ex­ from Chicago over U'S. Highway 34 to over U.S. Highway 25E to Corbin, Ky., ceptions, over a deviation route as fol­ junction Illinois Highway 65, thence over thence over U.S. Highway 25 to Mount lows: Between Charleston and Hunting- Hlinois Highway 65 to Aurora, 111., thence Vernon, Ky., thence over U.S. Highway ton, W. Va., over Interstate Highway over niinois Highway 31 to junction U.S. 150 to Louisville, Ky., thence over U.S. 64, for operating convenience only. The Highway 34 (also from junction U.S. Highway 31 to Indianapolis and return notice indicates that the carrier is pres­ Highway 34 and Hlinois Highway 65 over over the same route, serving no inter­ ently authorized to transport the same U.S. Highway 34 to junction Hlinois mediate points and serving Indianapolis commodities over a pertinent service Highway 31), thence over U.S. Highway for the purpose of joinder only, as an route as follows: Between Charleston 34 to Glenwood, Iowa, thence over U.S. alternate route for operating conven­ and Huntington, W. Va., over U.S. High­ .Highway 275 to junction Iowa Highway ience only in connection with applicant’s way 60. 375, thence over Iowa Highway 375 to authorized regular-route operations ; and No. MC 71096 (Deviation No. 17), Council Bluffs, Iowa, and thence over (2) between Asheville, N.C./and Cincin­ NORWALK TRUCK LINES, INC., Nor­ U.S. Highway 6 to Omaha, and (4) from nati, Ohio ; from Asheville over U.S. walk, Ohio, filed July 21, 1965. Carrier Omaha over U.S. Highway 6 to junction Highway 25 to junction U.S. Highway unnumbered highway southwest of At­ 25E, thence over U.S. Highway 25E to proposes to operate as a common carrier, lanta, Nebr., thence over unnumbered Corbin, Ky., thence over U.S. Highway by motor vehicle, of general commodi­ highway via Mascot, Nebr., to Oxford, 25 to Cincinnati and return over the ties, with certain exceptions, over a de­ Nebr., thence over Nebraska Highway 3 same route, serving no intermediate viation route as follows: Between Cleve­ via Edison, Nebr., to junction U.S. High­ points and serving Cincinnati for the land, Ohio, find Buffalo, N.Y.,. over way 6, and thence over U.S. Highway 6 purpose of joinder only, as an alternate Interstate Highway 90, for operating con­ to McCook, and (5) between Denver, route for operating convenience only in venience only. The notice indicates that Colo., and McCook, Nebr., over U.S. connection with applicant’s authorized "Wednesday, August 4, 1965 FEDERAL REGISTER 9723 regular-route operations. The purpose date of republication in the F ederal R eg­ ston, R.I., of a portion of the operating of this republication is to show hearing ister of a corrected statement of the rights of STARK’S EXPRESS, INC., information set forth below. authority sought therein, and provided Westbrook, Conn., and for acquisition by HEARING: September 28,1965, at the that no protest or other pleading is re­ JOHN J. RIGNEY, 98 Yale Avenue, offices of the Interstate Commerce Com­ ceived during such period. The author­ Warwick, R.I., and GEORGE E. RIG­ mission, Washington, D.C., before Ex­ ity recommended to be granted is as NEY, 221 Cindyann Drive, East Green­ aminer William J. Sweeney. follows: Iron and steel articles, except wich, R.I., of control of such rights No. MC 96614 (Sub-No. 3), filed April those which, because of size or weight re­ through the purchase. Applicants’ at­ 26 1963. Applicant: M3DWEST- quire the use of special equipment, from torneys: Reubin Kaminsky and Glenn E. ALASKA FREIGHT UNES, INC., 2528 the site of plant of Bethlehem Steel Corp. Knierim, both of 410 Asylum Street, East Cheery Lynn Road, Phoenix, Ariz. in Burns Harbor, Porter County, Ind., to Hartford, Conn. Operating rights Applicant’s attorney: George R. La- Kansas City, Mo., Omaha, Nebr„ and sought to be transferred: General com­ Bissoniere, 33 Central Building, Seattle points in Iowa on and north of U.S. modities, excepting, among others, 4, Wash. Authority sought to operate Highway 30, and on and east of U.S. household goods and commodities in as a common carrier, by motor vehicle, Highway 169 (except Fort Dodge, Iowa, bulk, as a common carrier, over regular over irregular routes, transporting: and points on U.S. Highway 20), over ir­ routes, between Hartford, Conn.,x and regular routes. New London, Conn., between Mystic, General commodities (except those of Conn., and Sound View, Conn., between unusual value, classes A and B explosives, Applications for Certificates or P er­ Hartford, Conn., and South Lyme and household goods as defined by the Com­ mits Which Are To B e P rocessed Con­ Guilford, Conn., serving certain inter­ mission, commodities in bulk, and those currently With Applications Under mediate and off-route points. Vendee is requiring special equipment), between Section 5 Governed by Special R ule authorized to operate as a common car­ Great Palls, Mont., on the one hand, and, 1.240 to the Extent Applicable on the other, poipts in Alaska. rier in Massachusetts, Rhode Island, and HEARING: October 22, 1965, in Con­ No. MC 2770 (Sub-No. 10), filed July Connecticut. Application has been filed ference Room 212, Federal Building, 16, 1965. Applicant: SANBORN’S for temporary authority under section Anchorage, Alaska, before Examiner H. MOTOR EXPRESS, INC., Box 312, Nor­ 210a(b). Reece Harrison. way, Maine; Fore Street Road, Oxford, No. MC-F-9173. Authority sought for No. MC 119702 (Sub-No. 15) (AMEND­ Maine (mailing address). Applicant’s lease by LYNDEN TRANSFER, INC., MENT) , filed February 5, 1965, amended attorney: Mary E. Kelley, 10 Tremont Post Office Box 433, Lynden, Wash., April 2, 1965, and republished April 14, Street, Boston 8, Mass. Authority 98264, of the operating rights and prop­ 1965, further amended July 1, 1965, and sought to operate as a common car­ erty of WILLIAM A. HOOD, JOHN W. republished, this issue. Applicant: rier, by motor vehicle, over regular HOOD, AND RICHARD HOOD, a part­ STAHLY CARTAGE CO., a corporation, routes, transporting: General commodi­ nership, doing business as HOOD AND 130-A Hillsboro Avenue, Edwardsville, ties (except those of unusual value, SONS, Box 21, Valdez, Alaska, and for 111. Applicant’s attorney: Mack household goods as defined by the acquisition by HENRY JANSEN, also of Stephenson, 42 Fox Mill Lane, Spring- Commission, commodities in bulk, com­ Lynden, Wash., of control of such rights field, 111., 62707. Authority ^ sought to modities requiring special equipment and property through the lease. Appli­ operate as a common carrier, by motor and those injurious or contaminating cants’ attorney: James T. Johnson, IBM vehicle, over irregular routes, transport­ to other lading), (1) between Auburn Building, Seattle, Wash., 98101. Operat­ ing: Acids, chemicals, fertilizers, and and Fairfield, Maine, from Auburn ing rights sought to be leased: General fertilizer ingredients, in bulk, in tank over Maine Highway 126 to Gardiner, commodities, excepting, among others, vehicles, from East Dubuque, .HI., and thence over U.S. Highway 201 to household goods and commodities in points in Illinois within ten (10) miles Fairfield, and return over the same bulk, as a common carrier, over irregular thereof, to points in Illinois, Indiana, route, serving all intermediate points, routes, between points in Valdez, Alaska, Iowa, Kansas, Kentucky, Michigan, and the off-route points of Monmouth, between Valdez, Alaska, on the one hand, Minnesota, Missouri, Nebraska, Ohio, Randolph, and Togus; (2) between and, on the other, those points in Alaska South Dakota, and Wisconsin. N ote: Augusta and Fairfield, Maine, (a) from (1) on Alaska Highway 2 (the Alaska The purpose of this republication is to Augusta over Maine Highway 104 to Highway) between and including Fair­ reflect the hearing date. junction UJS. Highway 201, thence over banks, Alaska and the United States- HEARING: September 29,1965, at the U.S. Highway _201 to Fairfield, and re­ Canada Boundary line; (2) within 10 Midland Hotel, 172 West Adams Street, turn over the'sam e route, serving all miles of said portion of Alaska Highway Chicago, 111., before Examiner James intermediate points; (b) from Augusta 2; (3) on Alaska Highway 1 (the Glenn Anton. over Maine Highway 27 to junction Highway) between and including Tok No. MC 61231 (Sub-No. 17) (Repub­ Maine Highway 23, thence over Maine Junction and Anchorage, Alaska; (4) on lication), filed December 28, 1964, Highway 23 to junction Maine Highway Alaska Highway 4 (the Richardson High­ published F ederal R egister, issue of 139, thence over Maine Highway 139 way) between Valdez and the junction January 6, 1965, and republished after to Fairfield, and return over the same of Alaska Highways 2 and 4 at or near report and order of Commission. Appli­ route, serving all intermediate points; Buffalo Center, Alaska; and (5) on cant: ALKIRE TRUCK LINES, INC., and (3) between Portland and Fairfield, Alaska Highway 10 (the Edgerton High­ Kansas City, Mo. Applicant’s attorney: Maine, over Interstate Highway 95, serv­ way) between and including the junction L. I. Knipmeyer, 28th Floor, Power and ing the intermediate points of Auburn, of Alaska Highways 4 and 10 and Chitina, Light Building, Kansas City, Mo. By Lewiston, Gardiner, Augusta, and Water- Alaska. Lessee is authorized to operate application filed December 28, 1964, ap­ ville. N ote: This is a matter directly as a common carrier in Idaho, Washing­ plicant sought to conduct operations, in related to MC-F-9166 published in F ed­ ton, and Alaska. Application has been interstate or foreign commerce, as a eral R egister, July 28, 1965. filed for temporary authority under sec­ common carrier by motor vehicle, over Applications Under S ections 5 and tion 210a(b). regular routes, transporting: Iron and 210a(b) No. MC-F-9174. Authority sought for steel mill products, and steel articles, control and merger by CONSOLIDATED serving Burns Harbor, Porter County, The following applications are gov­ FREIGHTWAYS CORPORATION OF Ind., as an off-route point in connection erned by the Interstate Commerce Com­ DELAWARE, 175 Linfield Drive, Menlo with applicant’s authorized regular-route mission’s special rules governing notice Park, Calif., of the operating rights and operations to and from Chicago, HI., and of filing of applications by motor carriers property of MISSOURI CONSOLI­ Omaha, Nebr. In a report of the Com­ of property or passengers under sections DATED FREIGHTWAYS CORPORA­ mission in No. MC 1042 (Sub-No. 4), et 5(a) and 210a(b) of the Interstate Com­ TION, 175 Linfield Drive, Menlo Park, ' ah, served May 13, 1965, which also em­ merce Act and certain other proceedings Calif., and for acquisition by CONSOLI­ braced 71 other applications, the ex­ with respect thereto (49 CFR 1.240). DATED FREIGHTWAYS, INC., also of aminer finds that with respect to No. MC MOTOR CARRIERS OF PROPERTY Menlo Park, Calif., of control of such 61231 (Sub-No. 17), the certificate rec­ No. MC-F-9172. Authority sought for rights and property through the trans­ ommended to be granted therein be is­ purchase by MONAHAN TRANSPORTA­ action. Applicants’ attorney: Robert C. sued after the elapse of 30 days from the TION CO., INC., 12 Walter Street, Cran- Stetson, 175 Linfield Drive, Menlo Park, No. 149----- 8 9724 NOTICES

Calif. Operating rights sought to be N ote: Docket No. MC-59135 (Sub-18) Acting District Supervisor, Edward D. controlled and merged: General com­ is a matter directly related. Shea, Bureau of Operations and Com­ modities, with certain specific excep­ By the Commission. pliance, Interstate Commerce Commis­ tions, and numerous other specified com­ sion, 30 Federal Street, Boston, Mass., modities, as a common carrier, over [seal! H. N eil Garson, 02110. regular and irregular routes, from, to Secretary. No. MC 125996 (Sub-No. 4 TA), filed and between specified points in the States [F.R. Doc. 65-8167; Filed, Aug. 8, 1965; July 28, 1965. Applicant: JENSEN of Iowa, Missouri, Kansas, Colorado, 8:46 am.] TRUCKING CO., INC., 807 Washington Illinois, Nebraska, Oklahoma, Texas, Street, Gothenburg, Nebr. Applicant’s representative: Charles J. Kimball, 14th and Indiana, with certain restrictions, [Notice No. 18] serving various intermediate and off- and J Streets, Lincoln, Nebr. Authority route points, numerous alternate routes MOTOR CARRIER TEMPORARY sought to operate as a common carrier, by for operating convenience only, as more AUTHORITY APPLICATIONS motor vehicle, over irregular routes, specifically described in docket No. MC- transporting: Commercial animal, poul­ 52746 arid subnumbers thereunder. This J uly 30, 1965. try, and fish feed and feed ingredients, notice does not purport to be a complete The following are notices of filing of in bags and bulk, from Buhl, Idaho, to description of all of the operating rights applications for temporary authority un­ points in Arizona, Arkansas, California, of the carrier involved. The foregoing der section 210a(a) of the Interstate Montana, New Mexico and Wyoming, for summary is believed to be sufficient for Commerce Act provided for under the 180 days. Supporting shipper: Thorleif purposes of public notice regarding the new rules in Ex Parte No. MC 67 (49 Rangen, Rangen, Inc., Buhl, Idaho. nature and extent of this carrier’s op­ CFR 240), published in the F ederal Send protests to: District Supervisor erating rights, without stating, in full, R egister, issue of April 27, 1965, effec­ Max H. Johnston, Bureau of Operations the entirety, thereof. tive July 1, 1965. These rules provide and Compliance, Interstate Commerce CONSOLIDATED FREIGHTWAYS that protests to the granting of an appli­ Commission, 315 Post Office Building, CORPORATION OF DELAWARE is au­ cation must be filed with the field official Lincoln, Nebr., 68508. - thorized to operate as a common carrier named in the F ederal R egister publica­ No. MC 126358 (Sub-No. 8 TA), filed in Oregon, Washington, Idaho, Califor­ tion, within 15 calendar days after the July 28, 1965. Applicant: LAWRENCE nia, Nevada, Montana, North Dakota, date notice of the filing of the applica­ L. BENNETT, doing business as BEN­ Utah, Minnesota, Wisconsin, Illinois, tion is published in the F ederal R egister. NETT TRUCKING CO., 113 Mitchell New York, Pennsylvania, Maryland, One copy of such protest must be served Street, Hawkinsville, Ga. Applicant’s Rhode Island, Massachusetts, South Da­ on the applicant, or its authorized rep­ representative: Ariel Vincent Conlin, kota, Colorado, Arizona, Indiana, Mis­ resentative, if any, and the protest must Suite 626, Fulton National Bank Building, souri, Ohio, Delaware, New Jersey, certify that such service has been made. Atlanta, Ga., 30303. Authority sought Connecticut, Kentucky, West Virginia, The protest must be specific as to the to operate as a common carrier, by motor Iowa, Wyoming, Georgia, North Caro­ service which Such protestant can and vehicle, over irregular routes, transport­ lina, Tennessee, Oklahoma, Michigan, will offer, and must consist of a signed ing: Plywood, from Fort Valley, Ga., to Nebraska, Alaska, Florida, Kansas, Vir­ original and six (6) copies. points in Indiana and Kentucky, Mem­ ginia, Louisiana, Texas, New Mexico, and A copy of the application is on file, phis, Tenn., and Dowagiac, Mich., for 180 the District of Columbia. Application and can be examined, at the Office of days. Supporting shipper: James Pear­ the Secretary, Interstate Commerce son, Pearson Mills, Inc., Post Office Box has not been filed for temporary au­ 668, Fort Valley, Ga. Send protests to: thority under Section 210a(b). N ote: Commission, Washington, D.C., and also Consolidated Freightways, Inc. (Dela­ in the field office to which protests are William L. Scroggs, District Supervisor, ware) controls Missouri Consolidated to be transmitted. Bureau of Operations and Compliance, Freightways Corp. (then Knaus Truck Interstate Commerce Commission, 680 Lines, Inc.), pursuant to authority M otor Carriers of P roperty West Peachtree Street NW., Room 300, granted June 21, 1961, in Docket No. No. MC 112520 (Sub-No. 125 TA), filed Atlanta, Ga>> 30308. MC-F-6839. On February 8, 1962, the July 27, 1965. Applicant: McKENZIE No. MC 127448 TA, filed July 29, 1965. name of Transferor was changed to Mis­ TANK LINES, INC., New Quincy Road, Applicant: R. W. HUNSBERGER, 1302 souri Consolidated Freightways Corp. Post Office Box 1200, Tallahassee, Fla. North Main, Garden City, Kans. Au­ No. MC-F-9175. Authority sought for Applicant’s representative: Sol Proctor, thority sought to operate as a contract 1730 American Heritage Life Building, carrier, by motor vehicle, o v e r irregular purchase by RED STAR EXPRESS routes, transporting: Alfalfa pellets, in LINES OF AUBURN, INCORPORATED, Jacksonville, Fla., 32202. Authority sought to operate as a common carrier, bulk and bags, from Garden City, Kans., doing business as RED STAR EXPRESS by motor vehicle, over irregular routes, to points in Texas County, Okla., for 180 LINES, 24-50 Wright Avenue, Auburn, transporting: Anhydrous trimethyla- days. Supporting shipper: National N.Y., of the operating rights of mines, in bulk, in tank vehicles, over Alfalfa Dehydrating & Milling Co., 4010 MICHAEL J. MERCURIO, doing busi­ irregular routes, from Pace, Fla., to Elk- Washington, Kansas City, Mo., 64111. ness as MERCURY TRANS., Shrews­ ton, Va., for 180 days. Supporting Send protests to: M. E. Taylor, District bury, Mass., and for acquisition by JOHN shipper: Escambia Chemical Corpora­ Supervisor, Bureau of Operations and BISGROVE, 264 East Genesee Street, tion, Post Office Box 467, Pensacola, Fla., Compliance, Interstate Commerce Com­ Auburn, N.Y., of control of such rights 32502. Send protests to: George H. mission, 906 Schweiter Building, Wichita, through the purchase. Applicants’ at­ Fauss, Jr., District Supervisor, Bureau Kans., 67202. torney: Leonard A. Jaskiewicz, 1155 15th of Operations and Compliance, Interstate By the Commission. Commerce Commission, Post Office Box Street NW., Washington, D.C. Operat­ [seal] H. Neil Garson, ing rights sought to be transferred: 4969, Jacksonville, Fla., 32201. Secretary. Under a certificate of registration, in No. MC 120001 (Sub-No. 4 TA), filed July 28, 1965. Applicant: ALJAY [F.R. Doc. 65-8169; Filed, Aug. 3. 1965; docket No. MC-98248 (Sub-No. 1), cov­ 8:46 a.m.] ering the transportation of general com­ TRUCKING CORP., 91 Heard Street, modities, as a common carrier, over ir­ Chelsea, Mass. Applicant’s representa­ tive: Frank J. Wiener, 128 Forbes Build­ [Notice No. 1210] regular routes, in intrastate commerce, ing, Forbes Road, Braintree, Mass. Au­ anywhere in the Commonwealth of thority sought to operate as a common MOTOR CARRIER TRANSFER Massachusetts. Vendee is authorized to carrier, by motor vehicle, over irregular PROCEEDINGS operate as a common carrier in New routes, transporting: Bananais, from Port J uly 30,1965. York, New Jersey, Pennsylvania, Con­ Newark and Weehawken, N. J., to Boston, necticut, Massachusetts, and Vermont. Mass., for 150 days. Supporting shipper: Synopses of orders entered pursuant to Application has not been filed for tem­ Boston Banana Co., Inc., 463 C Street, section 212(b) of the Interstate Com­ porary authority under section 210a(b). Boston, Mass., 02110. Send protests to: merce Act, and rules and regulations Wednesday, A u gu st 4, 1965 FEDERAL REGISTER 9725 prescribed thereunder (49 CFR Part Massachusetts Avenue NW., Washing­ of household goods and new furniture, 179), appear below: ton, D.C., 20036, attorney for applicants. between Vineland, N.J., and points with­ As provided in the Commission’s gen­ No. MC-FC-68Q03. By order of July in 10 miles thereof, on the one hand, and, eral rules of practice any interested per­ 27,1965, the Transfer Board approved the on the other, Wilmington, Del., Balti­ son may file a petition seeking reconsid­ transfer to E. Bemece Hubbard, doing more, Md., New York, N.Y., specified eration of the following numbered business as Bee’s Van & Storage, 733 B points in Pennsylvania. Stanley S. proceedings within 30 days from the date East Oak Street, Post Office Box 321, Brotman, 1179 East Landis Avenue, Vine- of service of the order. Pursuant to sec­ Santa Maria, Calif., in Certificate No. land, N.J., attorney for applicants. tion 17(8) of the Interstate Commerce MC-76492, issued May 29, 1942, to O. C. [sealI H. Neil Garson, Act, the filing of such a petition will post­ Marriott, Inc., doing business as Santa Secretary. pone the effective date of the order in Maria Transfer & Storage Co., 700 South |F.R. Doc. 65^8170; Filed, Aug. 3, 1965; that proceeding pending its disposition. McClelland Street, Santa Maria, Calif., 8:46 a.m.] The matters relied upon by petitioners authorizing the transportation, over ir­ must be specified in their petitions with regular routes, of household goods, as de­ particularity. fined, between points within 25 miles of No, MC-FC-67999. By order of July Santa Mafia, Calif., including Santa DEPARTMENT OF THE TREASURY 27, 1965, the Transfer Board approved Maria. the transfer to Hutton Trucking Co., a No. MC-FC-68005. By order of July Coast Guard corporation, Akron, Ohio, of Certificate 27, 1965, the Transfer Board approved No. MC-119600, issued May 24, 1960, to the transfer to Renz Truck Lines, Inc., [CGFR 65-19] Rupert E. Hutton, Akron, Ohio, authoriz­ Pacific, Mo., of the operating rights of EQUIPMENT, INSTALLATIONS, OR ing the transportation over irregular John Renz and Helen Renz, a partner­ routes of structural iron and steel and ship, doing business as John Renz Co., MATERIALS products used or useful in the fabrication Pacific, Mo., in Certificate No. MC-1753, Approval Notice of structural iron and steel, iron and steel issued January 24, 1950, authorizing the billets, bars, and rods, minimum length transportation, over regular routes, of 1. Various items of lifesaving, fire­ 22 feet, structural iron and steel and ma­ general commodities, excluding house­ fighting, and miscellaneous equipment, terial used or useful in the fabrication hold goods, commodities in bulk, and installations, and materials used on mer­ thereof, minimum length 22 feet; rubber- other specified commodities, between chant vessels subject to Coast Guard in­ lined steel tanks, rubber-lined pipe and Robertsville, Mo., and East St. Louis, 111., spection or on certain motorboats and fittings, rubber-covered rollers, and paper of livestock, between Mosell, Mo., and other pleasure craft are required by law mill rolls; iron and steel tanks and National Stock Yards, HI., of commercial and various regulations in 46 CFR Chap­ iron and steel tank fittings, iron and feeds and fertilizer, from National Stock ter I to be of types approved by the steel pipe and iron and steel pipe fittings, Yards to Moselle, and household goods, Commandant, U.S. Coast Guard. The and iron and steel rollers, unlined; port­ over irregular routes, between Pacific, procedures governing the granting of ap­ able or fabricated wooden buildings, in Mo,, and points within 15 miles thereof, provals, and the cancellation, termina­ sections including hardware and fixtures on the one hand, and, on the other, points tion or withdrawal of approvals are set to be used therein; iron or steel pipe in Illinois. G. F. Gunn, Jr., 1230 Boat­ forth in 46 CFR 2.75-1 to 2.75-50, in­ fittings, iron and steel tank fittings, ma­ men’s Bank Building, 314 North Broad­ clusive. For certain types of equipment, terials used in the lining or repairing of way, St. Louis, Mo., 63101, attorney for installations, and materials, specifica­ iron or steel tanks, and commodities used applicants. tions have been prescribed by the Com­ in the installation and assembling of No. MC-PC-68006. By order of July mandant and are published in 46 CFR belting and hose, when moving as an 27, 1965, the Transfer Board approved Parts 160 to 164, inclusive (Subchapter integral part of and used in connection the transfer to Smith Banana Trans­ Q—Specifications), and detailed proce­ with the commodities specified immedi­ port, Inc., Pueblo, Colo., of the operat­ dures for obtaining approvals are also ately below, as part of the complete as­ ing rights in Certificate No. MC-117867 described therein. sembly; rubber belts or belting and hose, issued October 28, 1959, to John W. 2. The Commandant’s approval of a iron or steel tanks, iron or steel pipe, Smith, Pueblo, Colo., authorizing trans­ specific item is intended to provide a and iron or steel rollers, restricted to portation, over irregular routes, of: Ba­ control over its quality. Therefore, such shipments which, by reason of size, shape, nanas, from New Orleans, La., to Colo­ approval applies only to the item Con­ or weight, require the use of special rado Springs and Pueblo, Colo., with no structed or installed in accordance with equipment for the transportation there­ transportation for compensation on re­ the applicable requirements and the de­ of; storage tanks, the transportation of turn except as otherwise authorize!’ tails described in the specific approval. which because of size or weight requires Michael T. Corcoran, 1360 Locust Street, If a specific item when manufactured special handling or special equipment, Denver, Colo., 80220, attorney for does not comply with the details in the storage tank fittings and pipe when applicants. approval, then such item is not con­ moved with such tanks and equipment No. MC-FC-68008. By order of July sidered to have the Commandant’s ap­ and materials used in the erection, in­ 27, 1965, the Transfer Board approved proval, and the certificate of approval stallation, and dismantling of such tanks; the transfer to R. E. Ellis Draying Co., issued to the manufacturer does not with restrictions; and iron and steel Inc., San Francisco, Calif., of Certificate apply to such modified item. For ex­ tanks, the transportation of which by of Registration No. MC-99367 (Sub-No. ample, if an item is manufactured with reason of size weight requires the use of 1), issued February 11, 1964, to Russell changes in design or material not pre­ special equipment, and iron or steel tank E. Ellis, doing business as R. E. Ellis viously approved, the approval does not parts or fittings when being moved with Draying Co., San Francisco, Calif., evi­ apply to such modified item. such tanks, from, to, and between points dencing a right to engage in interstate 3. After a manufacturer has submitted and areas in the States of Alabama, or foreign commerce transporting com­ satisfactory evidence that a particular Arkansas, Connecticut, Delaware, Flor­ modities of a general commodity nature, item complies with the applicable laws ida, Georgia, Illinois, Indiana, Iowa, between specified points and areas in and regulations, a Certificate of Approval Kansas, Kentucky, Louisiana, Maine, California. Betram S. Silver, 140 Mont­ (Form CGHQ-1003Ü) will be issued to Maryland, Massachusetts, Michigan, gomery Street, San Francisco, Calif., the manufacturer certifying that the Minnesota, Mississippi, Missouri, New 94104, attorney for applicants. item specified complies with the appli­ Hampshire, New Jersey, New York, North No. MC-FC-68010. By order of July cable laws and regulations and approval Carolina, Ohio, Oklahoma, Pennsylvania, 27, 1965, the Transfer Board approved is given, which will be in effect for a Rhode Island, South Carolina, Tennessee, the transfer to Santo Bongiorno, doing period of 5 years from the date given Texas, Vermont, Virginia, West Virginia, business as Vineland Furniture & Storage unless sooner canceled or suspended by Wisconsin, and the District of Columbia, Co., Vineland, N.J., of the operating proper authority. varying with the commodities trans­ rights in Certificate No. MC-19335, is­ 4. The purpose of this document is to ported. John M. Glenn, 829 Second Na­ sued January 17,1941, to Charles Tucker, notify all concerned that certain ap­ tional Building, Akron '8, Ohio, attorney doing business as Tucker’s Express, Vine- provals were granted or terminated, as for applicants. Jack R. Turney, Jr., 2001 land, N.J., authorizing the transportation described in this document, during the 9726 NOTICES period from February 8, 1965, to March LADDERS, EMBARKATION-DEBARKATION Approval No. 160.048/237/0, special ap­ 2, 1965 (List No. 7-65). These actions (FLEXIBLE) proval for 13" x 18" x 2" rectangular were taken in accordance with proce­ Approval No. 160.017/16/2, Model 10 ribbed-type kapok buoyant cushion, dures set forth in 46 CFR 2.75-1 to PL-Si Type n embarkation-debarkation 21-oz. kapok, dwgs. Nos. 1 and 2 dated 2.75-50, inclusive. ladder, chain suspension, steel ears, dwg. February 1, 1965, and Bill of Materials 5. The delegations of authority for the dated November 28, 1956, manufactured dated February 10, 1965, manufactured Coast Guard’s actions with respect to by H. K. Metalcraft Manufacturing by Ero Manufacturing Co., 308 South approvals may be found in section 632 Corp., 35 Industrial Road, Post Office Box Williams Street, Hazlehurst, Ga., effec­ of Title 14, United States Code, and in 275, Lodi, N.J., effective February 8,1965. tive February 12, 1965. Treasury Department Orders 120 dated (Approval limited to ladders 65 feet or Approval No. 160.048/238/0, special ap­ July 31, 1950 <15 FJEt. 6521), 167-14 less in length.) (It supersedes Approval proval for 13" x 18" x 2" rectangular dated November 26, 1954 (19 F.R. 8026) , No. 160.017/16/2 dated October 19, ribbed-type kapok buoyant cushion, 167-15 dated January 3, 1955 (20 F.R. 1960, to show change of address of 21-oz. kapok, Ero dwgs. Nos. 1 and 2 840), 167-20 dated June 18,1956 (21 F.R, manufacturer.) dated February 1,1965, and Bill of Mate­ 4894), CGFR 56-28 dated July 24, 1956 rials dated February 10, 1965, manufac­ (21 F.R. 5659), or 167-38 dated October BUOYANT VESTS, KAPOK OR'FIBROUS tured by Ero Manufacturing Co., 308 26,1959 (24 F.R. 8857), and the statutory GLASS, ADULT AND CHILD South Williams Street, Hazlehurst, Ga., authority may be found in R.S. 4405, as Note: Approved lor use on motorboats ol for Sears, Roebuck & Co., 925 South amended, 4462, as amended, 4488, as Classes A, 1, or 2 not carrying passengers for Homan Avenue, Chicago, Hi;, 60607, ef­ amended, 4491, as amended, secs. 1, 2, 49 bire. fective February 12, 1965. Stat. 1544, as amended, sec. 17, 54 Stat. Approval No. 160.047/571/0, Type I, BUOYANT VESTS, UNICELLULAR PLASTIC 166, as amended, sec. 3, 54 Stat. 346, as Model AK-1, adult kapok buoyant vest, FOAM, ADULT AND CHILD amended, sec. 3, 70 Stat. 152 (46 U.S.C. U.S.C.G. Specification Subpart 160.047, Note: Approved for use on motorboats of 375, 416, 481, 489, 367, 526p, 1333, 390b), manufactured by Crawford Manufactur­ Classes A, 1, or 2 not carrying passengers for sec. 4(e), 67 Stat. 462 (43 U.S.C. 1333 ing Co., Inc., 3rd and Decatur Streets, bire. (e)), or sec. 3(c), 68 Stat. 675 (50 U.S.C. Richmond 12, Va., and 12th and Graham 198), and implementing regulations in Streets, Emporia, Kans., for J. C. Penney Approval No. 160.052/292/0, Type n, 46 CFR Chapter I or 33 CFR Chapter I. Co., Inc., 1301 Avenue of the Americas, Model AD, adult, vinyl-dipped unicel­ 6. In Part I of this document are listed New York, N.Y., 10019, effective Febru­ lular plastic foam buoyant vest, Craw­ the approvals granted which shall be in ary 18, 1965. (It supersedes Approval ford dwg. No^ 25 (Rev. 1) and Bill of effect for a period of 5 years from the No. 160.047/571/0 dated September 28, Materials dated December 10, 1963, dates granted, unless sooner canceled or 1964, to show change of address.) manufactured by Crawford Manufac­ suspended by proper authority. Approval No. .„160.047/572/0, Type I, turing Co., Inc., 3d and Decatur Streets, Model CKM-1, child kapok buoyant vest, Richmond 12, Va., for J. C. Penney Co., P art I—Approval op Equipment, I n ­ Inc., 1301 Avenue of the Americas, New stallations, or Materials U.S.C.G. Specification Subpart 160.047, manufactured by Crawford Manufactur­ York, N.Y., 10019, effective February 18, LIFE PRESERVERS, KAPOK, ADULT AND CHILD ing Co., Inc., 3rd and Decatur Streets, 1965. (It supersedes Approval No. (JACKET TYPE) MODELS 3 AND 5 160.052/292/0 dated September 28, 1964, Richmond 12, Va., and 12th and Graham to show change of address.) Approval No. 160.002/100/0, Model 3, Streets, Emporia, Kans., for J. C. Penney Approval No. 160.052/293/0, Type n, adult kapok life preserver, U.S.C.G. Spec­ Co., Inc., 1301 Avenue of the Americas, Model MD, child medium, vinyl-dipped ification Subpart 160.002, manufactured New York, N.Y., 10019, effective Febru­ unicellular plastic, foam buoyant vest, by Crawford Manufacturing Co., Inc., ary 18, 1965. (It supersedes Approval No. 160.047/572/0 dated September 28, Crawford dwg. No. 24 (Rev. 1) and Bill 3rd and Decatur Streets, Richmond 12, of Materials dated December 10, 1963, Va., and 12th and Graham Streets, 1964, to show change of address.) manufactured by Crawford Manufac­ Emporia, Kans., for J. C. Penney Co., Inc., Approval No. 160.047/573/0, Type I, Model CKS-1, child kapok buoyant vest, turing Co., Inc., 3d and Decatur Streets, 1301 Avenue of the Americas, New York, Richmond 12, Va., for J. C. Penney Co., N.Y., 10019, effective February 18, 1965. U.S.C.G. Specification Subpart 160.047, manufactured by Crawford Manufactur­ Inc., 1301 Avenue of the Americas, New (It supersedes Approval No. 160.002/ York, N.Y., 10019, effective February 18, 100/0 dated September 28, 1964, to show ing Co., Inc., 3rd and Decatur Streets, Richmond 12, Va., and 12th and Graham 1965. (It supersedes Approval No. change of address.) 160.052/293/0 dated September 28, 1964, Approval No. 160.002/101/0, Model 5, Streets, Emporia, Kans., for J. C. Penney Co., Inc., 1301 Avenue of the Americas, to show change of address.) child kapok life preserver, U.S.C.G. Approval No. 160.052/294/0, Type n, Specification Subpart 160.002, manufac­ New York, NiY., 10019, effective Febru­ ary 18,1965. (It supersedes Approval No. Model SD, child small, vinyl-dipped Uni­ tured by Buddy Schoellkopf Products, cellular plastic foam buoyant vest, Craw­ Inc., 3d and Decatur Streets, Richmond 160.047/573/0 dated September 28, 1964, to show change of address.) ford dwg. No. 23 (Rev. 1) and Bill of 12, Va., and 12th and Graham Streets, Materials dated December 10, 1963, Emporia, Kans., for J. C. Penny Co., Inc., BUOYANT CUSHIONS, KAPOK OR manufactured by J. C. Penney Co., Inc., 1301 Avenue of the Americas, New York, FIBROUS GLASS 1301 Avenue of the Americas, New York* N.Y., 10019, effective February 18, 1965. Note: Approved for use on motorboats of N.Y., 10019, effective February 18, 1965. (It supersedes Approval No, 160.002/ Classes A, 1, or 2 not carrying passengers for (It supersedes Approval No. 160.052/ 101/0 dated September 28, 1964, to show bire. 294/0 dated September 28, 1964, to show change of address.) change of address.) Approval No. 160.002/102/0, Model 3, Approval No. 160.048/233/0, group ap­ ST Approval No. 160.052/316/0, Type II, adult kapok life preserver, U.S.C.G. proval for rectangular and trapezoidal Model No. IBB, adult unicellular plastic Specification Subpart 160.002, manufac­ kapok buoyant cushions, U.S.C.G. Spec­ foam buoyant vest, dwg. Nos. 1 and 2, tured by Buddy Schoellkopf Products, ification Subpart 160.048, sizes and Rev. 1 dated June 24,1963, manufactured Inc., 148 Fordyce Street, Dallas, Tex., weights of kapok filling to be as per Table by Billy Boy Products Division of Crotty 160.048(c) (1) (i), manufactured by Corp., Quincy, Mich., 49082, effective 75207, and Mineola, Tex., effective Feb­ Crawford Manufacturing Co., Inc., 3rd ruary 19, 1965. and Decatur Streets, Richmond 12, Va., February 18, 1965. Approval No. 160.002/103/0, Model 5, Approval No. 160.052/317/0, Type H, and 12th and Graham Streets, Emporia, Model No. 2BB, child medium unicellular child kapok life preserver, U.S.C.G. Kans., for J. C. Penney Co„ Inc., 1301 Specification Subpart 160.002, manufac­ Avenue of the Americas, New York, N.Y„ plastic foam buoyant vest, dwg. Nos. 1 tured by Buddy Schoellkopf Products, 10019, effective February 18, 1965. (It and 3, Rev. 1 dated June 24,1963, manu­ Inc., 148 Fordyce Street, Dallas, Tex., supersedes Approval No. 160.048/233/0 factured by Billy Boy Products Division 75207 and Mineola, Tex., effective Febru­ dated September 28,1964, to show change of Crotty Corp., Quincy, Mich., 49802, ary 19, 1965. of address. effective February 18, 1965. Wednesday, August 4, 1965 FEDERAL REGISTER 9727 Approval No. 160.052/318/0, Type H, Approval No. 162.015/98/0, Model No. Model No. 3BB, child small unicellular 400-7 backfire flame arrester for car­ CIVIL AERONAUTICS BOARD plastic foam buoyant vest, dwg. Nos. 1 buretors, dwg. A-5384 dated January 6, [Docket No. 16363; Order E-22491] and 4, Rev. 1 dated June 24,1963, manu­ 1965, manufactured by Barbron Corp., factured by Billy Boy Products Division 14580 Lesure Avenue, Detroit 27, Mich., DOMESTIC TRUNKLINE CARRIERS of Crotty Corp., Quincy, Mich., 49082, effective March 2,1965. Order of Investigation and Suspen­ effective February 18, 1965. BOILERS, AUXILIARY, AUTOMATICALLY sion; Amendment UFE PRESERVERS, UNICELLULAR PLASTIC CONTROLLED, PACKAGED Adopted by the Civil Aeronautics FOAM, ADULT AND CHILD Approval No. 162.026/2/1, Clayton Board at its office in Washington, D.C., Approval No. 160.055/5/0, Type H, steam generator, Model RO-175, light oil- on the 30th day of July 1965. Model LVM-1 adult vinyl-dipped uni­ fired (fuel no heavier than standard No. The Board, by Order E-22483 of July cellular plastic foam life preserver, dwg. 2, gravity 30-48 API at 60° F.) maximum 27, 1965, suspended and instituted an No. LVM-1, Rev. 2 dated February 2, operating pressure 300 p.s.i., 175 boiler investigation of increased fares pro­ 1965, manufactured by Protection Equip­ horsepower, manufactured by Clayton posed by various air carriers. ment Co., subsidiary of Vogt Manufac­ Manufacturing Co., Post Office Box 550, The aforesaid- order omitted certain turing Corp., 100 Femwood Avenue, El Monte, Calif., effective February 24, fare increases proposed by United Air Rochester, N.Y., 14621 (plant. Sunbury, 1965. (It supersedes Approval No. 162.- Lines, Inc., and we are accordingly Pa.), effective February 9, 1965. 026/2/1 dated February 28,1964, to show amending the order to suspend these Approval No. 160.055/6/0, Type n , change in construction and p.si.) fare increases and include them in the Model LVM-5 child vinyl-dipped uni­ Approval No. 162.026/4/0, Clayton investigation. For the reasons stated in' cellular plastic foam life preserver, dwg. steam generator, Model RO-33, light oil Order E-22483 of July 27, 1965, the No. LVM-5, Rev. 2 dated February 2, fired (fuel oil no heavier than standard Board finds that such increased fares 1965, manufactured by Protection Equip­ No. 2 gravity 30-48 API at 60° F.), maxi­ should also be suspended and investi­ ment Co., subsidiary of Vogt Manufac­ mum operating pressure 150 p.s.i., 33.2 gated. turing Corp., 100 Fernwood Avenue, boiler horsepower, manufactured by Accordingly, pursuant to the Federal Rochester, N.Y., 14621 (plant: Sunbury, Clayton Manufacturing Co., Post Office Aviation Act of 1958, particularly sections Pa.), effective February 9, 1965. Box 550, El Monte, Calif., effective March 204(a), 403, 404 and 1002 thereof, Approval No. 160.055/18/0, Type II, 2, 1965. (Plans approved November 6, It is ordered, That, Model 8103, adult cloth-covered unicellu­ 1963. Refer to Approval No. 162.026/3/0 1. Paragraph (52) of Appendix A of lar plastic foam life preserver, dwg. No. dated February 28, 1964. Performance Order E-22483 of July 27, 1965, is 21971 (sheets 1 and 3) dated January 25, tests completed February 11, 1965.) amended to read as follows: 1965, manufactured by Atlantic-Pacific BROMOTRIFLU OROMETHANE - TYPE FIRE (52) On 15th and 16th Revised Pages Manufacturing Corp., 124 Atlantic Ave­ 288-B, the fares and provisions between Min­ nue, Brooklyn 1, N.Y., effective Febru­ EXTINGUISHING SYSTEMS neapolis, on the one hand, and Newport ary 24,1965. Approval No. 162.035/2/0, Fyr-Fyter News and Norfolk, Va., on the other, and all other fares except fares bearing the SAFETY VALVES (POWER BOILERS) Marine Bromotrifluoromethane (CFsBr) Type Fire Extinguishing Systems for symbols denoting reduction and no change Approval No. 162.001/220/0, Type Hydrofoil Craft (Unmanned Spaces), and provisions applicable thereto. 191QFc, consolidated safety valve, steel typical installation dwg. No. C-9A730 2. A copy of this order will be filed body, 300 p.s.i., 450° F., dwg. No. 1905F- dated February 18, 1965, manufactured with Airline Tariff Publishers, Inc., 1908F, Rev. July 1, 1957, approved for by The Fyr-Fyter Co., Post Office Box agent, CAB No. 44 and be served on 1% inches, manufactured by Manning, 2750, Newark, N.J., 07114, effective March American Airlines, Inc., Braniff Airways, Maxwell & Moore, Inc., a division of 1,1965. Inc., Continental Air Lines, Inc., Delta Dresser Industries, Inc., Post Office Box Air Lines, Inc., National Airlines, Inc., 1430, Alexandria, La., effective February INCOMBUSTIBLE MATERIALS Northeast Airlines, Inc., Northwest Air­ 23, 1965. (It supersedes Approval No. Approval No. 164.009/23/0, “No. 75 lines, Inc., United Air Lines, Inc., Trans 162.001/220/0 dated December 17, 1964, Ultralite MC Insulation,” glass wool in­ World Airlines, Inc., and Western Air to show change of address of manu­ sulation type incombustible material Lines, Inc. facturer.) identical to that described in National Bureau of Standards Test Report No. This order will be published in the FLAME ARRESTERS, BACKFIRE (FOR TG10210-1656: FP2855 (Test No. 122822) F ederal R egister. CARBURETORS) dated December 13, 1949, approved in a By the Civil Aeronautics Board. Approval No. 162.015/41/0, Model No. density of 0.75 pound per cubic foot, 7017594, backfire flame arrester for car­ manufactured by Gustin-Bacon Manu­ [seal] Mabel McCart, buretors, dwg. Nos. 7017594, Rev. B dated facturing Co., Kansas City 5, Mo., effec­ Acting Secretary. August 3,1959, and 7017591, Rev. A dated tive February 5, 1965. (It is an exten­ [F.R. Doc. 65-8193; Filed, Aug. 3, 1965; December 16, 1958, manufactured by sion of Approval No. 164.009/23/0 dated 8:48 a.m.} Rochester Products Division of General February 8,1960.) Motors Corp., 10000 Lexington Avenue, Approval No. 164.009/24/0, “No. 150 ^ [Docket No. 16236; Order E-22489] Rochester 3, N.Y.', effective February 23, Ultralite MC Insulation,” glass wool in­ 1965. (It is an extension of Approval sulation type incombustible material INTERNATIONAL AIR TRANSPORT identical to that described in National ASSOCIATION No. 162.015/41/0 dated March 16, 1960.) Bureau of Standards Test Report No. Approval No. 162.015/96/0, Onan TG10210-1656: FP2855 (Test No. 122822) Agreement Relating to Containerized 145B354 backfire flame arrester assembly, dated December 13, 1949, approved in a and Palletized Shipments manufactured by Onan, Division of density of 1.48 pounds per cubic foot, Adopted by the Civil Aeronautics Studebaker Industries, Inc., 2515 Univer­ manufactured by Gustin-Bacon Manu­ sity Avenue SE., Minneapolis, Minn':, Board at its office in Washington, D.C., facturing Co., Kansas City 5, Mo., effec­ on the 29th day of July 1965. 55414, effective February 18, 1965. (It tive February 5,1965. (It is an extension Order. An agreement between various supersedes Approval No. 162.015/96/0 of Approval No. 164.009/24/0 dated Feb­ air carriers, foreign air carriers, and dated January 29, 1965, to show change ruary 8,1960.) other carriers has been filed with the of assembly drawing number.) Board pursuant to section 412(a) of the Approval No. 162.015/97/0, Model No. Dated: July 27, 1965. Federal Aviation Act of 1958 (the Act) 400-1 backfire flame arrester for car- [seal] W. D. S hields, and Part 261 of the Board’s Economic ^ e to ts, dwg. A-5372 dated January 7, Vice Admiral, U.S. Coast Guard, Regulations. The agreement is embod­ 965, manufactured by Barbron Corp., Acting Commandant. ied in the resolutions of the traffic con­ I4o80 Lesure Avenue, Detroit 27, Mich., [F.R. Doc. 65-8173; Filed, Aug. 3, 1965; ferences of the International Air Trans­ effective March 2, 1965. 8:46 a.m.] port Association (IATA), adopted at 9728 NOTICES meetings held in Venice, Italy in May in the above-described agreement to be adverse to the public interest or in viola­ 1965, and has been assigned the above tion of the Act, provided that approval is conditioned as hereinafter ordered. CAB Agreement number. The agreement readopts with several CAB No. IATA No. Title > Applicable amendments the IATA container pro­ gram for a 2-year period from Septem­ ■R-2« «20 .... Containers hoard ...... Worldwide. ber 1, 1965. The agreement retains the ■R-27 «21 Do. R-2« «21a > D o. same provisions with respect to allowable R-20 «21 h Packaging servloe TC2 and JT12. discounts for use of containers, but ex­ tends the 12-percent discount now allow­ Accordingly, it is ordered, That Agree­ Pursuant to agreement reached at a able for containerized or palletized ship­ ment CAB 18375, R-26 through R-29, is prehearing conference held this date: ments via the North Atlantic and the approved, provided that: It is ordered, This 28th day of July, 1965, North and Central Pacific to traffic across With respect to R-26, copies of Minutes that the hearing heretofore scheduled to the South Pacific, subject to the proviso and/or Reports of meetings shall be sub­ commence on September 20, 1965 at 10 that the discount shall not exceed $50.00 mitted to the Board and copies of Regis­ a.m., is postponed to October 11, 1965, per consignment. ters of Approved Containers and Pallets at 10 am .1 Certain of the amendments are in­ shall be submitted to the Board at the It is further ordered, On the Hearing tended to clarify and define more pre­ time of their circulation among members. Examiner’s own motion, that a Further cisely the functions of and requirements Any air carrier party to the agreement, Prehearing Conference will be held on placed on the Containers Board which or any interested person, may, within 15 September 10, 1965, at 10 am ., in the evaluates and approves applications for days from the date of service of this offices of the Commission at Washing­ the registration of containers and pallets, order, submit statements in writing con­ ton, D.C., since it is not feasible, in view which registration is essential for eligi­ taining reasons deemed appropriate, to­ of lack of hearing facilities, to hold a bility of discounts. The more signifi­ gether with supporting data, in support further prehearing conference on the cant of these amendments of interest of or in opposition to the Board’s action date of September 8, 1965, which was to the shipping public accomplish the herein. An original and nineteen copies agreed on at the prehearing conference. following: (1) Require the automatic ap­ of the statements should be filed with the proval of applications of manufacturers Board’s Docket Section. The Board may, Released: July 29, 1965. / for registration of containers and pallets upon consideration of any such state­ F ederal Communications which are identical to those already ap­ ments filed, modify or rescind its action Commission, proved by the Board for shippers, (2) herein by subsequent order. [seal] B en F. Waple, require the Containers Board to estab­ Secretary. lish the actual volume of contoured con­ This order will be published in the F ederal R egister. [F.R. Doc. 65-8188; FUed, Aug. 3, 1965; tainers for purposes of assessment of 8:47 a.m.] volumetric charges,1 (3) clarify that the By the Civil Aeronautics Board. discount shall not apply where the maxi­ [seal] Mabel McCart, [Docket No. 15752 etc.; FOC 65R-289] mum net weight of containers or pallets Acting Secretary. exceeds that established by the Con­ CHARLES W. JOBBINS ET AL. tainers Board, and (4) excludes animal [F.R. Doc. 65-8194; Filed, Aug. 3, 1965; containers from eligibility for discounts. 8:48 a.m.] Memorandum Opinion and Order A revision in the provisions relating to Amending Issues the use of containers owned by non­ [Docket No. 13494] members clarifies the carriers’ Intent In re applications of Charles W. Job- that the minimum weight requirement of NEW ENGLAND REGIONAL AIRPORT bins, Costa Mesa-Newport Beach, Calif., 220 pounds in relation to the 12-percent INVESTIGATION (NEW HAVEN- Docket No. 15752, File No. BP-16157: et al., Docket Nos. 15753, 15754, 15755, discount applies to shipments composed BRIDGEPORT PHASE) of more than one container. Other 15756, 15757, 15758, 15759, 15760, 15762, amendments preclude the carriers from Notice of Postponement of Prehearing 15763, 15764, 15765, 15766; for construc­ (1) packaging containers and pallets Conference tion permits. owned by nonmembers,2 and (2) pur­ At the request of counsel for New 1. The Broadcast Bureau requests en­ chasing containers and pallets for resale Haven and in the absence of Examiner largement of issues with respect to the and/or leasing disposable type contain­ Walsh, prehearing conference in the application of Western Broadcasting ers to nonmembers. These amendments above-entitled proceeding presently Corp. (Western) .** The requested issue appear to be designed to guard against scheduled for August 4, 1965, is hereby would inquire whether Western’s 25 nonproductive competitive practices and postponed to August 17,1965, at 10 a.m., mv/m contour would overlap the 2 mv/m are not considered to be unduly restric­ e.d.s.t., in Room 726, Universal Building, contour of Station KSDO, San Diego, tive. Connecticut and Florida Avenues NW, Calif. The Bureau states that the The existing agreement requires a Washington, D.C., before Examiner Review Board had previously denied rental charge for the use of containers Richard A. Walsh. similar petitions filed by California and pallets owned by carriers and leased [seal] F rancis W. B rown, Regional Broadcasting Corp. and Storer to nonmembers. The proposed agree­ Broadcasting Co. on the grounds that, ment would establish a uniform charge Chief Examiner. [FJt. Doc. 65-8195; Filed, Aug. 3, 1965; based on the information then available, of 20 cents for each 10 cubic feet, or frac­ there was a 3%-mile separation of West- tion thereof, with a minimum of $3.00 8:48 am.] per container or pallet per single ship­ 1The bearing on Oct. 11, 1965, will be ment. limited to presentation of evidence by appli­ The Board, acting pursuant to sections cant that does not require the presence of FEDERAL COMMUNICATIONS witnesses, with the remainder of the hearing 102, 204(a) , and 412 of the Act does not to be held at a date to be determined here­ find the following resolutions contained COMMISSION after. It is anticipated that the hearing on [Docket No. 16050; FCC 65M-990] Oct. 11, 1965, will be held in Washington, 1 An additional provision in the agreement D.O., with the subsequent phase of the hear­ was intended toqpermit the carriers to assess CONTINENTAL BROADCASTING, INC. ing to be held at Newark, N.J. The place volumetric charges for contoured containers of the Oct. 11th hearing session will be fixed on the basis of actual volume occupied from Order Following Prehearing at the Further “Prehearing Conference to be July 15,1965. Conference held on Sept. 10,1965. 3 An exception would permit Trans-Medi­ 111 The Review Board has under c o n s i d e r a ­ terranean Airways to perform packaging In re application of Continental tion before it: (a) Broadcast Bureau’s p e t i ­ services at a compensatory charge pursuant Broadcasting, Inc., Newark, N.J., Docket tion to enlarge issues, filed June 3, 1965; a n d to contracts entered into prior to May 1, No. 16050, File No. BR-174; for renewal (b) opposition of Western Broadcasting 1965. of license of Station WNJR, Newark, N.J. Corp., filed June 16,1965. Wednesday, August 4, 1965 FEDERAL REGISTER 9729

em’s 25 mv/m and Station KSDO’s 2 path, the conductivity may vary widely It appearing, that ownership reports, mv/m contours, but that an analysis of freon the values given [on the con­ filed by the licensee with the Commission, Western’s proposal, in light of recently ductivity maps]; therefore, these maps dated July 12, 1952 and November 24, submitted measurement data on Station are to be used only when accurate 1 9 6 3 , signed by Robert C. Rickenbacker, KSDO, and assuming a ground con­ and acceptable measurements have not Jr., show 200 shares of the licensee’s ductivity of 15 mmhos/m, for the path been made.” * Thus, because of the in­ capital stock issued and outstanding as between the Western site and the KSDO terdiction erf § 73.37 of the Rules con­ follows: 2 mv/m contour shows the Western 25 cerning such overlap the Board’s peti­ mv/m contour to be approximately tion will therefore be granted. In Name N um ber of Percentage tangent to Station KSDO’s 2 mv/m con­ addition, Western Broadcasting Corpo­ shares of stock tour. The Bureau further states that ration will be required to submit the Commission had included a 2 mv/m test measurements. J. Pascal Eargle (president)__ 100 60 Doris S. Rickenbacker (vice and 25 mv/m contour overlap issue in Accordingly, it is ordered, this 29th president and treasurer)____ 60 30 this proceeding where the tangency of day of July 1965, That the petition to en­ Robert C. Rickenbacker, Jr. (secretary)______20 10 25 and 2 mv/m contours or even clear­ large issues, filed June 3, 1965, by the William H . Vandiver______20 10 ance of 2 miles were shown to exist. Broadcast Bureau is granted; and that 2. Western opposes the petition, con­ Issue No. 13 herein is modified to be ap­ tending that the KSDO measurements plicable to the application of Western (It was noted on the July 12, 1962, show the contour location to be only Broadcasting Corporation, by the addi­ report that Doris S. Rickenbacker paid slightly different from what was pre­ tion of the following notations to that $6,000 total consideration for her shares dicted from M-3, and that the minimum issue: < and Robert C. Rickenbacker paid $2,000 total consideration for his shares); and separation between the KSDO 2 mv/m File No. Applicant measured contour and the Western 25 It further appearing, that on May 26, mv/m contour, based on maximum ex­ BP-16173____ Western Broadcasting Cor­ 1964, the Rickenbackers resigned as of­ pected operating values (MEOV’s) and poration. ficers of the licensee corporation but ap­ the conductivity depicted on the Com­ pear to have retained their stock inter­ mission’s Map of Estimated Ground Con­ and ests as shown by an ownership report It is further ordered, That Western filed with the Commission dated June 2, ductivity (Figure M-3 of the Rules >,. is Broadcasting Corp. is ordered to estab­ slightly less than 3 miles. Western ar­ 1964, signed by Pascal M. Eargle, which lish the value of soil conductivity be­ reported “no change” in stock owner­ gues that the basis for the Bureau’s re­ tween its transmitter site and the loca­ quest is its speculation that the soil con­ ship; and ductivity between the Western site and tion of the KSDO 2 mv/m contour by It further appearing, that on July 21, the KSDO 2 mv/m contour at its closest making measurements from the proposed 1964, Pascal M. Eargle filed an applica­ point may be greater than shown on site in a pertinent arc toward the meas­ tion for Commission consent to his Figure M-3, and that because Western ured KSDO 2 mv/m contour. voluntary acquisition of positive control had previously volunteered a showing Released July 30,1965. of the licensee corporation through pur­ that assuming: a conductivity of 15 chase of five shares of stock from William mmhos/m across the entire path, there F ederal Communications H. Vandiver (BTC-4606); the applica­ would still be no overlap, and because the Commission,3 tion, signed by Pascal M. Eargle, states [seal] B en F. Waple, Review Board noted that factor, the Secretary. that the outstanding shares before and Broadcast Bureau elects to speculate as after the transfer still would be 20Q and to what the effect of such a conductivity [PR. Doc. 65-8189; Piled, Aug. 3, 1965; that after the transfer Eargle would hold would be if it were shown. Western con­ 8:47 a.m.] a 52% percent interest in the licensee, tends that, in the opinion of its engineer, Doris S. Rickenbacker would hold a 30 the measurement data available for the [Docket No. 16155; FCC 65-724] percent interest, Robert C. Rickenbacker, general area indicates that it is unlikely Jr., would hold a 10 percent interest and that the conductivity in the area would PALMETTO COMMUNICATIONS William H. Vandiver a 7*4 percent in­ be as high as 15 mmhos/m, and that a CORP. terest; and test transmitter requirement is a bur­ It further appearing, that on August densome and expensive one which should Order To Show Cause 26, 1964, the Commission granted not be imposed lightly. In the matter of revocation of license Eargle’s application for acquisition of 3. Based on the information then of Palmetto Communications Corp., for positive control of the licensee, based on available, the Review Board denied simi­ standard broadcast Station WHHL, Holly the information in the application which lar requests for a 2 mv/m and 25 mv/m Hill, S.C., Docket No. 16155. included a copy of an offer by Eargle to contours overlap issue with respect to At a session of the Federal Communi­ Vandiver (and an acceptance by Van­ Western’s application. Subsequently, cations Commission held at its offices diver) for the purchase erf five shares of measurement data on Station KSDO was in Washington, D.C., on the 28th day of Vandiver’s stock for a total purchase filed, and the analysis thereof locates July 1965; price of $500, which amount was to be KSDO’s 2, mv/m contour at a slightly The Commission having under consid­ paid within ten days after the grant of greater distance from KSDO than pre­ eration (1) the outstanding license issued tiie application; and viously. The Bureau contends that, if the to Palmetto Communications Corp. to It further appearing, that the Com­ conductivity of 15 mmhos/m were used, operate Standard Broadcast Station mission’s investigation revealed informa­ Western’s 25 mv/m contour would be ap­ WHHL on the frequency of 1440 kc/s tion raising serious questions as to proximately tangent to KSDO’s 2 mv/m at Holly Hill, S.C., and (2) information contour. Western contends that, based whether Eargle and Vandiver submitted which has come to the Commission’s at­ false, misleading or conflicting state­ the use of soil map conductivities for tention with respect to the ownership the projection of its 25 mv/m contour, of the licensee corporation and the oper­ ments to the Commission or its staff the separation between the contours ation of Station WHHL; and regarding Eargle’s acquisition of positive Tuv ^ sliShtly less than three miles. control of the licensee and the alleged Although the Bureau has not explained 2 It is noted from a correlation of maps in transfer of Vandiver’s five shares of stock tne basis for its use of a conductivity of Western’s application, and in the files of to Eargle, which statements cast con­ mmhos/m in projecting Western’s KRLA and KGRB that Western’s site in a siderable doubt upon the accuracy of o mv/m contour, the Board nevertheless short distance wfest of KGRB’s site and north­ the information contained in Pascal M. oeneves that measurements should be east of KRLA’s site; that the terrain charac­ ®ade to establish the location of West- teristics of the areas around these sites are Eargle’s application for positive control rns 25 mv/m contour where, as here, not homogeneous, in some directions the and raise questions as to whether the +. ere appears to be a substantial ques- terrain Involves mountains, and in others transfer of control was consummated, valleys. Western’s site is located near the and if consummated, whether the trans­ 5 7? nIh,ether overlaP would occur. As Ban Gabriel River. It is further noted that «da* 83 » °* Commission’s rules some measurements in KRLA’s file indicate fer took place in May 1964, prior to the of r ; u ^cognized that in areas conductivities as high as 15 mmhos/m. Commission’s consent to the transfer, united size or over a particular ‘ Board Member Nelson not participating. in violation of section 310(b) of the Com- 9730 NOTICES munications Act of 1934, as amended; the Commission and without receiving revoking the license of Station WHHL, and authorization from the Commission for Holly Hill, South Carolina, should not It further appearing, that the Com­ the transfer, in violation of section 310 be issued and to appear and give evidence mission’s investigation revealed informa­ (b) of the Communications Act of 1934, with respect thereto at a hearing1 to be tion raising serious questions as to as amended; and held at a time and place to be specified whether ownership reports filed by the It further appearing, that serious in a subsequent order, said time in no licensee prior to February 12, 1965, as questions are raised as to whether Pascal event to be less than 30 days after receipt well as Eargle’s application to acquire M. Eargle submitted statements to the of the order; and positive control, contained misrepresen­ Commission on December 15, 1964, and It is further ordered, That if it shall tations or omissions of fact in that they January 9, 1965, which contained mis­ be determined that the entire hearing failed, in violation of §§ 1.613 and 1.615 representations; conflicts or omissions of record does not warrant an order for of the Commission’s rules, to reveal the fact regarding Clint Utsey’s acquisition revocation of license, it shall also be de­ following ownership interests in the of stock, in that Eargle alternately termined whether (continuing to within licensee: acknowledged and denied knowledge that one year of the date of the issuance of Hubert M. Bilton, 3 shares, issued Sep­ stock had been issued to Utsey; and this order) there have been willful or re­ tember 4, 1962; It further appearing, that information peated violations of any of those sections d in t Utsey, 5 shares, issued July 14, 1962; available to the Commission indicates of the Communications Act and the E. A. Crout, 2 shares, issued June 29, 1962; that throughout most of the month of Commission’s rules as above specified, T. B. Bull, 2 shares issued during the July 1964 to at least August 1964, WHHL and, if so, whether an order of forfeiture summer of 1962; was operated in violation of § 73.93 of pursuant to section 503(b) of the said Benjamin P. Keith, 1 share, issued July 10, the Commission’s rules in that the li­ Act, in the amount of $10,000, or some 1962; and censee neither had one or more full-time lesser amount shall be issued; and It further appearing, that, although operators on duty holding a valid radio­ It is futher ordered, That for the pur­ all ownership reports filed prior to the telephone first-class operator license nor pose above-stated, this order is to be con­ report of February 12, 1965 (including had contracted in writing for the part- sidered as a Notice of Apparent Liability the report of June 2, 1964, and the re­ time services of one or more first-class pursuant to section 503(b)(2) of the port contained in the application to operators; and Communications Act; and acquire positive control, both of which It further appearing, that information It is further ordered, That the Secre­ were signed by Eargle, as well as the ap­ available to the Commission indicates tary of the Commission send copies of plication for renewal of license for that subsequent to February 3,1965, and this order by certified mail, return receipt WHHL granted on March 19, 1964), continuing for a period in excess of two requested, to Palmetto Communications confirmed that 200 shares of stock had weeks thereafter, the licensee was in Corp. been issued and that Eargle, the further violation of § 73.93 of the Com­ Rickenbackers and Vandiver were the mission’s rules in that WHHL was again Released: July 30,1965. sole owners thereof, the ownership re­ operated without a full-time first-class F ederal Communications port of February 12, 1965, also signed by operator on duty and without the Commission,“ Eargle, states that only. 133 shares of licensee’s contracting in writing for the [seal] B en F. W aple, , stock have been issued and reflects no part-time services of a first-class Secretary. stock interest or sale of stock by the operator; and . Rickenbackers, except for one share It further appearing, that following [F.R. Doc. 65-8190; Filed, Aug. 3, 1965; alleged to have been sold by Robert C. an inspection of Station WHHL con­ 8:47 a.m.] Rickenbacker, Jr., to Benjamin F. Keith; ducted on December 18,1964, the licensee and was cited on January 28, 1965, for viola­ [Docket No. 16087; FOO 65M-989] It further appearing, that allegations tions of the following Commission’s have been made by Eargle and denied by Rules: §§ 73.92(b), 73.93(b), 73.47(a), PATROON BROADCASTING CO., INC. the Rickenbackers that the Ricken­ 73.113(a) (3) (i), 73.113(a) (3) (ii), 73.56 Order Following Prehearing backers neither owned, paid for nor were (a), 73.117(a), and 73.112(a)(1); and entitled to any stock in the licensee (al­ It further appearing, that the licensee Conference though ownership of the stock in ques­ failed to file financial reports with the In re application of Patroon Broad­ tion and payment by the Rickenbackers Commission for 1963 and 1964 (although casting Co., Inc., Albany, N.Y., Docket for the stock was set forth in ownership requests for the 1963 reports were mailed No. 16087, File No. BR-2787; for renewal reports filed with the Commission and to the licensee on June 9 and July 8, of license of Station WPTR. signed by Eargle), thus raising serious 1964), in violation of § 1.611 of the Com­ As arranged at prehearing conference questions regarding the accuracy of the mission’s rules; and held today in this matter: It is ordered, licensee’s statements to the Commission It further appearing, that in view of as well as regarding the actual stock the submission of numerous statements This 28th day of July 1965, that further ownership in the licensee since the in­ which may have contained misrepresen­ 1 Section 1.89(c) of the Commission’s rules ception of the corporation; and tations, conflicts or omissions of fact re­ provides that a licensee in order to avail itself It further appearing, that the owner­ garding the ownership of the licensee, of the opportunity to be heard shall, in per­ ship report signed by Eargle and dated the present ownership of the licensee son or by its attorney, file with the Commis­ June 2, 1964, was accompanied by copies corporation cannot be determined with­ sion within 30 days of the receipt of the order of powers of attorney dated September out a hearing and that, moreover, the to show cause, a written statement stating 13, 1963, from Eargle and Vandiver to licensee’s possible misrepresentations, that it will appear at the hearing and present evidence on the matter specified in the order. Eargle’s wife, Louise H. Eargle, au­ Conflicts or omissions of fact in the vari­ If the licensee fails to file an appearance thorizing Mrs. Eargle to vote, exchange ous documents submitted to the Com­ within the time specified, the right to a hear­ and sell the stock “and generally to do mission and in statements to the Com­ ing shall be deemed to have been waived. and perform all things necessary in or mission’s staff and the willful or repeated See section 1.92(a) of the Commission’s rules. about the premises * * * full and violations of section 310(b)*. of the Com­ Where a hearing is waived, a written state­ effectually in all respects” and that fail­ munications Act and the various sections ment in mitigation or justification ipay w ure to file the powers of attorney with submitted within 30 days of the receip t ox of the Commission’s rules, as above the order to show cause. See section 1.92(0) the Commission until June 2, 1964, con­ specified, raise serious questions best re­ of the Commission’s rules. In the event tne stituted violation of § 1.613 of the Com­ solved in a hearing as to whether Pal­ right to a hearing is waived, the Review mission’s rules; and metto Communications Corp. has the Board will terminate the hearing proceeding It further appearing, that since the qualifications to be a broadcast licensee; and certify the case to the Commission. powers of attorney purported to cover It is ordered, That pursuant to the Thereupon the matter will be determined 0J 60 percent of the stock then of record as provisions of sections 312(a)(1), 312(a) the Commission in the regular course w business and an appropriate order will o having been issued, it appears that Mrs. (2), 312(a) (4), and 312(c) of the Com­ entered. See sections 1.92 (c), (d), and (©/ Eargle acquired control of the licensee munications Act of 1934, as amended, of the Commission’s rules. corporation on September 13,1963, with­ Palmetto Communications Corporation 2 Commissioner Hyde absent; C o m m is­ out reporting the transfer of control to is directed to show cause why an order sioner Cox not participating. Wednesday, August 4, 1965 FEDERAL REGISTER 9731 order to remain competitive with household modified, or cancelled pursuant to the «rehearing conference will be held at 10 goods rates filed by Sapphire Steamship ajn., on September 3, 1965, for the pur­ standards of section 15. Lines. Said officials have further alleged that 2. Whether any of said conferences or pose’ of considering again the fixing of the rates on household goods of Sapphire procedural dates for the trial of the Steamship Lines are unfair, non-compensa­ the member lines acting jointly have specified issues in this proceeding. tory and detrimental to U.S. commerce. carried out any agreement before it has been filed with and approved by the Released: July 29,1965; After the institution of the proceeding, Commission in violation of section 15.

F e d e r a l C ommunications Sapphire, AGAFBO, and Hearing Coun­ 3. Whether any of the member lines of C o m m i s s i o n , sel petitioned the Commission to expand said conferences have charged rates on its Order of Investigation in certain non-military household goods, which [seal] B en F. W aple, Secretary. respects. rates were not properly on file with the Sapphire petitioned the Commission Federal Maritime Commission, in viola­ [F.R. D oc. 65-8191; Filed, Aug. 3, 1965; to include with the proceeding the ques­ tion of section 18 (b) (3 ). 8:47 ajn.] tion whether a member of AGAFBO vio­ 4. Whether any respondent has of­ lated section 14 Third of the Shipping fered to any US. Government agency a Act, 1916, by cancelling a booking with rate which was not filed with the Com­ Military Sea Transport Service (MSTS) mission as required by section 18(b) (1 ), FEDERAL MARITIME COMMISSION in retaliation against MSTS for patroniz­ and, if so, whether such unfiled rate is [Docket No. 65-13] ing Sapphire. so unreasonably low as to be detrimental RATES ON U.S. GOVERNMENT AGAFBO requests that the investiga­ to the commerce of the United States in tion be extended to include a determina­ violation of section 18(b)(5). CARGOES tion of whether" Sapphire has offered to 5. Whether any respondent has Revised Order of Investigation any government agency rates which have charged rates which are unduly, unrea­ not been filed as required by section 18 sonably, or unjustly discriminatory with On May 6, 1965, the Commission in­ (b) (1 ) and whether such unfiled rates respect to goods sponsored by the U.S. stituted this proceeding and recited in are violative of section 18(b)(5). Government in violation of sections 16 its order the following: AGAFBO also alleges that Sapphire’s First and 17. The Atlantic and Gulf American Flag rate practices are contrary to sections 16 6. Whether the rates on Government Berth Operators (AGAFBO) (Agreement No. First and 17 since Sapphire offers rates cargo filed by AGAFBO, Waterman, or 8086-2), the West Coast American Flag Berth. to commercial shippers that are lower Sapphire are so unreasonably high or Operators (Agreement No. 8186), and the than rates offered to Government agen­ low as to be detrimental to the commerce Trans-Pacific American Flag Berth Operators (Agreement No. 8493) are ratemaking groups cies for the transportation of like cargo. of the United States contrary to section of com m on carriers that operate in the AGAFBO further claims that Sapphire 18(b)(5). foreign com m erce of the United States. Said has absorbed certain charges contrary to 7. Whether the .member lines of AGA­ conferences are composed of American flag section 18 (b) (3). Finally AGAFBO con­ FBO have individually or together with lines w h ich confer and act together to fix tends that Sapphire has violated section other member lines acted to exclude rates on UJS. Department of Defense (mili­ 15 by reason of an unfiled agreement any other carrier from the carriage of tary) cargo. with certain non-vessel operating com­ Government cargo in violation of sec­ As a result of information received by the Commission, including public testimony be­ mon carriers. tion 14 Second. fore Congressional Committees, a question Hearing Counsel urge that the inves­ 8. Whether any respondent member of has arisen as to whether the Joint negotiation, tigation be enlarged to include all rates AGAFBO has violated section 14 Third of rates on military cargo .has resulted in on military cargoes quoted by AGAFBO, by retaliating against any shipper (U.S. fair and reasonable rates on said cargo, Waterman (a former member of Government) by refusing, or threatening whether th e operation of each of said agree­ AGAFBO), and Sapphire. Hearing to refuse, space accommodations when ments has resulted in fairness to the U.S. Counsel base this request upon their as­ such are available, or resort to other dis­ Government and each of its shipping criminatory or unfair methods, because agencies, whether each of said agreements sertion that numerous rate changes for has operated in the public interest, and the carriage of military cargo have been such shipper (U.S. Government) has pa­ whether each of said agreements has oper­ filed lately by these carriers. In this tronized any other carrier or has filed a ated in a manner consistent with the pro­ connection Hearing Counsel request that complaint charging unfair treatment, or visions of the Shipping Acts. Waterman be named a respondent in its for any other reason. Additionally, a commodity on which said present capacity as an independent. 9. Whether there exist unfiled agree­ conference» fix rates is that of military Hearing Counsel also request the Order ments, subject to section 15, regarding household goods. There is some indication the transportation of Government cargo that all or some of said conferences or their of Investigation should be made specifi­ member lines acting jointly have agreed to cally applicable to acts or rates which between Sapphire, Liberty-Pac Interna­ charge special rates on UJS. Government- occur subsequent to the Order. tional Corp., or Pioneer Overseas Service sponsored non-military household goods out­ While not raised by the petitions to Corp. side the scope of their approved conference enlarge the proceeding, Agreement No. Acts of respondents or others, other­ agreements. There is also indication that 9355, an agreement between the AGA­ wise admissible, shall not be inadmissible the special rates charged shipments of non- FBO members which deals with their because they occur or occurred subse­ military household goods have not been filed negotiations with van lines, is intimately quent to the date this proceeding was with the Federal Maritime Commission. connected with the issues in this proceed­ instituted. There is further evidence that certain of the member lines of said conferences have ing. A modification to Agreement No. Therefore, it is ordered, That the Com­ charged rates on U.S. Government-sponsored, 9355 requires members of the agreement mission, on its own motion pursuant to hon-military household goods, shipped by to be parties -to Agreement No. 8086 as the provisions of sections 15 and 22 of private van lines on through Government well. the Shipping Act, 1916, enter upon an «lis of Lading, which rates are higher than In consideration of the foregoing the investigation into the above issues. Our those rates charged comparable shipments of Commission is of the opinion that the is­ Order of May 6, 1965, is hereby super-/ military household goods under circum­ sues to be determined in this proceeding seded. stances substantially the same. are as follows: It is further ordered, That the confer­ AGAFBO filed reduced rates on household goods which became effective 29 March 1965 1. Whether any of the said agreementsences and carriers listed in Appendix A snd are to remain in effect for a period of 30 has operated in a manner which is un­ hereto be made parties respondent in h*ys unless extended. Public charges have justly discriminatory or unfair to the U.S. this proceeding; and i “6® made that these reduced rates are for ; purpose: of preventing the entry or caus- Government or to any of its shipping It is further ordered, That this pro­ •j; the retirement from the trade of Sap- agencies or between carriers or has oper­ ceeding be assigned for public hearing y steanjgjjip Unes, an American flag line ated to the detriment of the commerce before an examiner of the Commission’s wrnch is not a member of AGAFBO. A rep- of the United States, or is contrary to Office of Hearing Examiners and that ehtative of AGAFBO publicly acknowl- the public interest, or is in violation of “Jf that said reduced rates may not be the hearing be held at a date and place "r; reasonable or compensatory.” the Shipping Acts; and whether in view to be determined and announced by the representatives have indicated of such findings each of said agreements -^presiding examiner; and that the pro- at their rate reductions were required in should receive continued approval, be deeding be expedited; and No. 149----- 9 9732 NOTICES It is further ordered, That notice of American President Lines, Ltd., 29 Broad­ Agreement 8061-10, between member this Order be published in the F ederai. way, New York, N.Y., 10006. lines of the Thailand/United States R egister American Union Transport, Inc., 17 Battery and that a copy thereof and Place, New York, N.Y., 10004. Atlantic & Gulf Conference (Agreement notice of hearing be served upon re­ Bloomfield Steamship Co., 213 International 8100, as amended), would modify Agree­ spondents; and Trade Mart, New Orleans, La., 70130. ment 8061 to reapportion the percent­ It is further ordered, That any person, Central Gulf Steamship Corp., 1 Whitehall age of rubber which each individual car­ other than respondents, who desires to Street, New York, N.Y., 10004. rier is entitled to lift per annum because become a party to this proceeding and to Farrell Lines Inc., 1 Whitehall Street, New of the withdrawal of the Blue Funnel participate therein, shall file a petition York, N.Y., 10004. Line from Agreement 8100; and to in­ Grace Line, Inc., 3 Hanover Square, New to intervene with the Secretary, Federal York, N.Y., 10004. crease from 32.95 to 34.3 percent the ag­ Maritime Commission, Washington, D.C., Great Lakes Bengal Lines, Inc., J. J. Georgelis, gregate percentage share of American 20573, on or before August 20, 1965, with Inc., General Agents, 1 Whitehall Street, flag Carriers as a class. copy to parties.1 New York, N.Y., 10004. And it is further ordered, That all Isthmian Lines, Inc., States Marine-Isthmian Dated: July 30,1965. future notices issued by or on behalf of Agency, Inc., 90 Broad Street, New York, By order of the Federal Maritime the Commission in this proceeding, in­ N.Y., 10004. Lykes Bros. Steamship Co., Inc., 17 Battery Commission. cluding notice of time and place of hear­ Place, New York, N.Y., 10004. Thomas Lisi, ing or prehearing conference, shall lie Matson Navigation Co., 630 Fifth Avenue, Secretary. - mailed directly to all parties of record. New York, N.Y., 10020. Moore-McCormack Lines, Inc., 2 Broadway, [F.R. Doc. 65-8179; Filed, Aug. 3, 1965; By the Commission. New York, N.Y., 10004. 8:47 ajn.] [ seal] T homas Lisi, Pacific Seafarers, Inc., J. J. Georgelis, Inc., Secretary. One Whitehall Street, New York, N.Y., Ap p e n d ix A 10004. Prudential Steamship Corp., One Whitehall FEDERAL POWER COMMISSION AGREEMENT NO. 8186— WEST COAST— AMERICAN- Street, New York, N.Y., 10004. FLAG BERTH OPERATORS AGREEMENT States Marine Lines—Joint Service, (1) [Docket No. CP66-25] States Marine Lines, Inc., (2) Global Bulk AGREEMENT NO. 8493---TRANS-PACIFIC— AMER­ Transport Inc. c/o States Marine-Isthmian TENNESSEE GAS TRANSMISSION CO. ICAN-FLAG BERTH OPERATORS AGREEMENT Agency, Inc., 90 Broad Street, New York, A. R. Page, Secretary, 7 Front Street, San N.Y., 10004. Notice of Application Francisco, Calif., 94111. T. J. Stevenson & Co., Inc. (Stevenson Lines), American Export Isbrandtsen Lines, Inc. 80 Broad Street, New York, N.Y., 10004. J u ly 27, 1965. (Agreement 8186), 150 California Street, United States Lines Co., 1 Broadway, New Take notice that on July 22, 1965, San Francisco, Calif. York, N.Y., 10004. American Mail Line Ltd. (Agreements 8186 Waterman Steamship Corp., 19 Rector Street, Tennessee Gas Transmission Co. (Ap­ and 8493), 601 California Street, San New York, N.Y., 10006. plicant) , Post Office Box 2511, Houston, Francisco, Calif. Sapphire Steamship Lines, Inc., 250 Fifth Tex., 77001, filed in Docket No. CP66-25 American President Lines, Ltd. (Agreements Avenue, New York, N.Y. an application pursuant to section 7(c) 8186 and 8493), 601 California Street, San Liberty-Pac International Corp., 250 Fifth of the Natural Gas Act for a certificate Francisco, Calif. Avenue, New York, N.Y. of public convenience and necessity au­ Isthmian Lines, Inc. (Agreements 8186 and Pioneer Overseas Service Corp., 250 Fifth thorizing the sale of 1,000,000 Mcf of 8493), States Marine-Isthmian Agency, Avenue, New York, N.Y. natural gas to Midwestern Gas Trans­ Inc., 100 Bush Street, San Francisco, Calif. [F.R. Doc. 65-8178; Filed, Aug. 3, 1965; mission Co. (Midwestern) between No­ Matson Navigation Company (Agreement 8:47 a.m.] 8186), 215 Market Street, San Francisco, vember 1,1965, and April 30,1966, under Calif., 94105. the provisions of Applicant’s Contract Pacific Far East Line, Inc. (Agreements 8186 THAILAND/U.S. ATLANTIC & GULF Demand Temporary Winter Service Rate and 8493), 141 Battery Street, San Fran­ CONFERENCE RUBBER POOL Schedule,1 as more fully set forth in the cisco, Calif., 94111. application which is on file with the States Marine Lines—Joint Service (Agree­ Notice of Agreement Filed for Commission and open to public inspec­ ments 8186 and 8493) , (1) States Marine Approval tion. Lines, Inc., (2) Global Bulk Transport Inc., % States Marine-Isthmian Agency, Notice is hereby given that the follow­ In Midwestern’s application filed July Inc., 100 Bush Street, San Francisco, Calif. ing agreement has been filed with the 16, 1965, in Docket No. CP66-15, author­ States Steamship Co. (Agreement 8186), 320 Commission for approval pursuant to ization for the resale of this gas by Mid­ California Street, San Francisco, Calif., western to Northern Illinois Gas Co. and 94104. section 15 of the Shipping Act, 1916, as Peoples Gas Light & Coke Co. is sought. Waterman Steamship Corp. (Agreements amended (39 Stat. 733, 75 Stat. 765; 46 Applicant and Midwestern have entered 8186 and 8493), Waterman Corp. of Cali­ U.S.C. 814). fornia, 310 Sansome Street, San Francisco, Interested parties may inspect and into a precedent agreement for the sale Calif. obtain a copy of the agreement at the of gas. Applicant proposes a temporary daily AGREEMENT NO. 8086--- ATLANTIC & GULF Washington Office of the Federal Mari­ AMERICAN-FLAG BERTH OPERATORS AGREEMENT time Commission, 1321 H Street NW., quantity of 20,000 Mcf be sold to Mid­ Room 301; or may inspect the agreement western. Midwestern proposes to allo­ R. L. Hansen, Secretary, 80 Broad Street, at the offices of the District Managers, cate 10,000 Mcf per day to each of its New York, N.Y., 10004. New York, N.Y., New Orleans, La., and Alcoa Steamship Co., Inc., 17 Battery Place, two proposed winter service customers. New York, N.Y., 10004. San Francisco, Calif. Comments with The application states that the pro­ reference to an agreement including a posed sale to Midwestern can be made American Export Isbrandtsen Lines, Inc., 26 request for hearing, if desired, may be Broadway, New York, N.Y., 10004. submitted to the Secretary, Federal with existing facilities and no new con­ Maritime Commission, Washington, D.C., struction is proposed. 1 Pursuant to Rule 6(d) of the Commis­ Protests or petitions to intervene may sion’s rules of practice and procedure, a 20573, within 20 days after publication further prehearing conference in. this pro­ of this notice in the F ederal R egister. be filed with the Federal Power Com­ ceeding will be held before Examiner C. W. A copy of any such statement should also mission, Washington, D.C., 20426, in ac­ Robinson beginning at 10 am., Aug. 12, 1965, be forwarded to the party filing the cordance with the rules of practice and in Room 114, 1321 H Street NW„ Washing­ agreement (as indicated hereinafter) procedure (18 CFR 1.8 or 1.10) and the ton, D.C. Any requests for data, etc., shall and the comments should indicate that regulations under the Natural Gas Act be served upon the parties and the Examiner this has been done. not later than Aug. 9, 1965. The material (157.10) op or before August 23, 1965. requested must relate to the new issûes con­ Notice of agreement filed for approval tained in the foregoing order and not be by: 1 On July 25, 1960, the Oommission issued repetitive of the requests submitted in con­ Mr. J. A. Dennean, Chairman, New York an order in Docket No. G-19042 (24 FFC 71) nection with the first prehearing conference Committee of Inward Far East Lines, 11 allowing Applicant to file its Temporary Win­ held on June 11,1965. Broadway, New York, N.Y., 10004. ter Service Rate Schedule. Wednesday* August 4.1965 FEDERAL REGISTER 9733 ■ - » w v»1 Take further notice Ntat, pursuant to rector, or beneficial owner of more than the authority contained in and subject HOUSING AND HOME 10 percent of any class of equity security to the jurisdiction conferfed upon the from section 16 thereof. Federal Power Commission by sections FINANCE AGENCY Section 12(g) of the Act requires the 7 and 15 of the Natural Gas Act and the registration of the equity security of Commission’s rules of practice and pro­ Office of the Administrator every issuer which is engaged in, or in a cedure, a hearing will be held without ACTING REGIONAL DIRECTOR OF business affecting interstate commerce, further notice before the Commission on COMMUNITY FACILITIES, REGION or whose Securities are traded by use of this application if no protest or petition the mails or any means or instrumen­ to intervene is filed within the time re­ III (ATLANTA) tality of interstate commerce and, on the quired herein, if the Commission on its Designation last day of its fiscal year, has total assets own review of the matter finds that a exceeding $1 ,000,000, and a class of grant of the certificate is required by the The officers appointed to the following equity security held of record initially public convenience and necessity. If a listed positions in Region i n (Atlanta) by 750 or more persons, and after July protest or petition for leave to inter­ are hereby designated to serve as Acting 1,1966 by 500 or more persons. vene is timely filed, or if the Commission Regional Director of Community Facili­ Section 12 (h) empowers the Commis­ on its own motion believes that a formal ties, Region in (Atlanta), during the sion to exempt, in whole or in part, any hearing is required, further notice of present vacancy in the position of issuer or class of issuers from the regis­ such hearing will be duly given. Regional Director of Community Facili­ tration, periodic reporting and proxy Under the procedure herein provided ties, Region m , with all the powers, solicitation provisions and to grant ex­ for, unless otherwise advised, it will be functions, and duties redelegated or as­ emption from the insider reporting and unnecessary for Applicant to appear or signed to the Regional Director of Com­ trading provisions of the Act if the Com­ be represented at the hearing. munity Facilities, Region in , provided mission finds, by reason of the number of that no officer is authorized to serve as public investors, amount of trading J oseph H. Gutride, Acting Regional Director of Community interest in the securities, the nature and Secretary. Facilities, Region HI, unless all other extent of the activities of thè issuer, or [F.R. Doc. 65-8150; Plied, Aug. 3, 1965; officers whose titles precede his are un­ otherwise, that such exemption is not 8:45 ajn.] able to act by reason of absence: inconsistent with the public interest or a. Deputy Regional Director of Com­ the protection of investors* [Project No. 2484j munity Facilities. The application of the Holding Com­ b. Chief, Public Facilities Operations pany states in part: VILLAGE OF GRESHAM, WIS. Branch. 1. The Holding Company was created c. Chief, Finance Branch. Notice of Application for License far in 1928 by The Citizens & Southern Na­ d . Chief . Engineering Branch. tional Bank (the “Bank”) by transfer of Constructed Project This designation supersedes the desig­ $400,000, being part of the subscription J uly 27,1965. nation effective May 19, 1965 (30 FR. price of new shares of the Bank, in ex­ Public notice is hereby given that ap­ 6804, May 19,1965). cess of par value of the Bank’s Shares, to plication has been filed under the Fed­ (62 Stat. 1283 (1948), as amended by 64 the Holding Company on its organiza­ eral Power Act (16 U.S.C. 791a-825r) by Stat. 80 (1960) , 12 U.S.C. 1701e) tion. All of the stock of the Holding Village of Gresham, Wis. (correspondence Effective as of the 20th day of June, Company has since been held by the to; John M. Kroll, Village Clerk, Village 1965. Bank as trustee in trust for thé stock­ of Gresham, Wis.), for a license for con­ structed Project No. 2484, located on the . [seal! R obert C. W eaver, holders of the Bank. Red River, in Shawano County, Wis., in Homing and Home 2. At all times since its incorporation the Village of Gresham and Town of Finance Administrator. the Holding Company has had outstand­ Red Springs* [P.R. Doc. 65-8174; Filed, Aug. 3, 1965; ing only one certificate, representing all The existing project consists of the 8:46 a.m.] of its shares, and issued to the Bank as Upper Gresham concrete dam with a trustee for its shareholders. Transfer of total length of approximately 309 feet Bank stock has been treated as the constructed on a rock ledge, consisting transfer of the beneficial interest of the of a right bank wing wall 55 feet long, SECURITIES AND EXCHANGE holder of the Bank stock in the stock of a non-overflow section approximately 75 the Holding Company. feet long, and overflow section 86.5 feet COMMISSION 3. The Bank wished to transfer by way long varying from 14 to 8 feet in height, [01-39] a 42-foot gate section containing 2 lift of capital contribution the stock of the gates 10 x 6 feet and one gate 7 x 10 CITIZENS & SOUTHERN HOLDING CO. Holding -Company by the Bank as feet and a left bank wing wall 30 feet trustee. The effect of this would be to long; a 6-foot diameter wood stave pen­ Notice of Application and Opportunity make the Bank the holder of the legal stock leading to a powerhouse contain­ for Hearing and equitable title of the Holding Com­ ing two generators of 100 kw and 175 J uly 28,1965. pany Stock and the Bank the sole record kw, respectively, operating under a head and beneficial stockholder of the Holding of 35 feet; and other appurtenances. Notice is hereby given that The Citi­ zens & Southern Holding Co. (the "Hold­ Company. Protests or petitions to intervene may 4. Both the Comptroller of the Cur­ be filed with the Federal Power Com­ ing Company”), Citizens & Southern mission, Washington, D.C., 20426, in ac­ National Bank Building, Atlanta 3, rency and the Federal Reserve have held cordance with the rules of practice andr Georgia, has filed an application pursu­ that this is permissible. At a special Procedure of the Commission (18 CFR ant to section 12(h) of the Securities meeting of the shareholders of the Bank Exchange Act of 1934, as amended held on May 26, 1965, by an affirmative or 1.10). The last day upon which (“Act”) , for an order of the Commission Protests or petitions may be filed is Sep­ vote of shareholders owning 2,864,486 of exempting the Holding Company from the Bank’s outstanding 3,300,000 shares tember 14, 1965. The application is on the provisions of section 12 (g) of the . e with the Commission for public Act. In the alternative, the Holding (86.802 percent) with only 2,571 shares ®spection. Company has requested other orders for voting negatively this was authorized J oseph H. G utride, relief. Exemption from section 12(g) and accomplished on May 26,1965, by the Secretary. will have the additional effect of exempt­ transfer of the stock. IF-R. Doc. 65-8151; Plied, Aug. 3, 1965; ing the Holding Company from sections 5. Bank and the Holding Company are 8:45 a.m.l 13 and 14 of the Act and any officer, di- and have beai subject to regulation and 9734 NOTICES examination by both the Comptroller of [811-1165] sion, upon application, finds that a the Currency (the “Comptroller”) and registered investment company has the Federal Reserve under the National SAN FRANCISCO CAPITAL CORP. ceased to be an investment company, it Banking Act, the Federal Reserve Act Application for Order Declaring That shall so declare by order, and that upon and the Bank Holding Company Act of Company Has Ceased To Be an the taking effect of such order the regis­ 1956. Under section 12 (i) of the Ex­ Investment Company tration of such company shall cease to change Act the Comptroller is vested be in effect. with the enforcement powers granted J uly 29,1965. Notice is further given that any inter­ the Commission under sections 12, 13, Notice is hereby given that an appli­ ested person may, not later than August 14(a), 14(c) and 16 of the Exchange Act cation has been filed pursuant to section 19,1965, at 5:30 p.m„ submit to the Com­ as to the Bank. Section 12(g) (1) will 8(f) of the Investment Company Act of mission in writing a request for a hearing not apply to the Holding Company be­ 1940 (“Act”) for an order of the Com­ on the matter accompanied by a state­ ginning with the year 1966. mission declaring that San Francisco ment as to the nature of his interest, the For a more detailed statement of mat­ Capital Corp. (“applicant”), 232 North reason for such request and the issues of ters of fact and law asserted, all persons Canon Drive, Beverly Hills, Calif., 90210, fact or l^w proposed to be controverted, are referred to said application which is has ceased to be an investment com­ or he may request that he be notified if on file in the offices of the Commission pany. All interested persons are re­ the Commission shall order a hearing at 425 Second Street NW., Washington, ferred to the application on file with the thereon. Any such communication D.C. Commission for a full statement of should be addressed: Secretary, Securi­ Notice is further given that any in­ the representations therein which are ties and Exchange Commission, Wash­ terested person may, not later than Au­ summarized below. ington, D.C., 20549. A copy of such re­ gust 17, 1965, request in writing that a On April 23, 1962, applicant filed a quest shall be served personally or by hearing be held on such matter, stating Form N-5 registration statement pur­ mail (air mail if the person being served the nature of his interest, the reasons for suant to the Act and the Securities Act is located more than 500 miles from the such request, and the issues of fact or of 1933 covering a proposed public offer­ point of mailing) upon the applicant at law raised by said application which he ing of 60,000 shares of applicant’s com­ the address stated above. Proof of such desires to controvert; or he may request mon stock. Applicant has since deter­ service (by affidavit or in case of an that he be notified if the Commission mined not to proceed with the public attorney-at-law by certificate) shall be should order a hearing thereon. Any offering and on March 14,1963, the Com­ filed contemporaneously with the request. such request should be addressed: Sec­ mission granted applicant’s request to At any time after such date, as provided retary, Securities and Exchange Com­ withdraw its registration under the by Rule 0-5 of the rules and regulations mission, Washington, D.C., 20549. At Securities Act of 1933. promulgated under the Act, an order any time after said date, the Commis­ Applicant represents that its securities disposing of the application herein may sion may issue an order granting the are beneficially owned by less than one be issued by the Commission upon the application, upon such terms and condi­ hundred persons and that it has not basis of the information stated in said tions as the Commission may deem nec­ made, and does not intend to make, a application, unless an order for hearing essary or appropriate in the public public offering of its securities. upon said application shall be issued up­ Section 3(c)(1) of the Act excepts on request or upon the Commission’s own interest and the interest of investors, un­ from the definition of an investment less a hearing is ordered by the Com­ company any issuer whose outstanding motion. mission. securities (other than short term paper) For the Commission (pursuant to dele­ By the Commission. are beneficially owned by not more than gated authority). one hundred persons and which is not [SEAL] ORVAL L. DUBOIS, making and does not presently propose [seal] Orval L. D uBois, Secretary. to make a public offering of its securities. Secretary. [F.R. Doc. 65-8147; Filed, Aug. 3, 1965; Section 8(f) of the Act provides, in [F.R. Doc, 65-8148; Filed, Aug. 3, 1965; 8:45 a.m.] pertinent part, that when the Commis­ 8:45 a.m.]

CUMULATIVE LIST OF CFR PARTS AFFECTED— AUGUST

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

3 CFR 12 CFR 32 CFR Executive Orders: 570______-______9639 1453______9640 7548 (revoked in EO 11239) ___ 9671 10402 (superseded in part by 14 CFR 39 CFR EO 11239)______9671 39______9624 Proposed R ules: 11239______9671 71______9624, 9625 22______9695 97______9625 5 CFR P roposed R ules: 41 CFR 213______9673 71______9648 1-15______9676 7 CFR 18 CFR 47 CFR 70______9673 P roposed Rules: !______9686 855______9673 141__ 9697 73l~IIIIIIIIIIIIIIIIIII~9687~,9~690,9693 908______— 9673 260______9697 Proposed R ules: 910______9623 2______9695 925______9623 21 CFR 73______9695-9697 948______9674 121______9639 87______9695 1443______9674 29 CFR 50 CFR P roposed Rules: 9676 911______9648 1601______13______9640 32______9694 915______9648 9643 980______9649 260______9644 9912______9650 262______—

"Latest Edition in the series of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES Jo h n F . 19 Kenne 6 3 Contains verbatim transcripts -of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1- November 22, 1963. * Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs 1007 Pages Price: $9.00 and the events of history, historians, librarians, and Government officials.

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