Federal Register Volume 33 • Number 144

FEDERAL REGISTER VOLUME 33 • NUMBER 144

Thursday, July 25, 1968 . Washington, D.C. Pages 10557-10619 P A R T I (Part II begins on page 10615)

Agencies in this issue— Agricultural Research Service Agriculture Department Civil Aeronautics Board Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Crop Insurance Corporation Federal Maritime Commission Federal Power Commission Federal Trade Commission Federal Water Pollution Control Administration Fish and Wildlife Service Food and Drug Administration Internal Revenue Service Interstate Commerce Commission Justice Department

No. 144—Pt. i___i Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Affected for all titles of the Code of Federal Regulations for the years 1949 through 1968. A ll sections of the CFR which have been expressly affected by documents published in the daily Federal Register are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date dur­ ing the period covered. Price $6.75

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

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

Published daily. Tuesday through Saturday (no publication on Sundays, Mondays, or FFHFRA1 JyiiLRFfilSTFn °n the day after an official Federal holiday), by the Office of the Federal Register, National r * I " l Archives and Records Service, General Services Administration (mail address Na Area Code 202 phone ’ 62-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority con^ainea m of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . . month or ¡615 Der vear, payable in The Federal R egister wUl be furnished by mail to subscribers, free of postage, fnp the flrst go pages and 5 cents for advance. The charge for individual copies varies in proportion to the size of f°* tSsuD^ntindent of Documents, each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent U.S. Government Printing Office, Washington, D.C. 20402. , iR published under 50 titles, pur- The regulatory material appearing herein is keyed to the Code op Federal R egulations, which is PWU , s intendent of suant to section 11 of the Federal Register Act, as amended. The Code op F ederal R egulations is sold by the superin* Documents. Prices of books and pocket supplements are listed in the flrst Federal R egister issue of Dp Federal R egulations. raere are no restrictions on tETrepublication of material appearing in the Federal R egister or the Code op Federal b e Contents

AGRICULTURAL RESEARCH FEDERAL COMMUNICATIONS FISH AND WILDLIFE SERVICE SERVICE COMMISSION Rules and Regulations Rules and Regulations Rules and Regulations Hunting on certain national wild­ Overtime services relating to im­ Discovery procedures______10570 life refuges; ports and exports ; commuted New Mexico; San Andres_____ 10573 travel time allowances______10561 Proposed Rule Making Utah; Ouray______10573 Pesticides containing sodium Standard method for calculating arsenite and arsenic trioxide radiation in standard broad­ FOOD AND DRUG compounds; interpretation____ 10561 cast service; extension of time_ 10581 ADMINISTRATION Notices Rules and Regulations AGRICULTURE DEPARTMENT Announcements specifying FM See also Agricultural Research station power______, 10587 Food additives; synthetic flavor­ Service; Consumer and Market­ Hearings, etc.: ing substances and adjuvants_ 10569 ing Service; Federal Crop Insur­ Delaware County Cable Tele­ Pesticide chemical tolerances; 2- ance Corporation. vision Co. et al. (2 docu­ chloroallyl diethyldithiocarba- Notices ments) ------10587, 10588 m a te ------10568 Chicago Mercantile Exchange; Ghesser, Harvey Z______10589 Proposed Rule Making designation as contract market Spiropoulou, Thiresia______10589 Imitation milks and creams; for frozen skinned hams______10585 Vander Plate, Louis, et al_____ 10589 standards of identity and qual­ ity; extension of time______10577 CIVIL AERONAUTICS BOARD FEDERAL CROP INSURANCE Notices Notices CORPORATION Food additive petitions: Hearings, etc.: Rules and Regulations Chemagro Corp______10586 Eastern Air Lines, Inc., et al__ 10586 Whitmoyer Laboratories, Inc__ 10586 Sky Courier, Inc., et al______10587 Arizona-Desert Valley citrus crop insurance; 1967 and succeeding HEALTH, EDUCATION, AND COMMERCE DEPARTMENT crop years______10561 WELFARE DEPARTMENT See National Bureau of Standards. See Food and Drug Administra­ FEDERAL MARITIME tion. CONSUMER AND MARKETING COMMISSION SERVICE Notices INTERIOR DEPARTMENT Rules and Regulations See Federal Water Pollution Con­ Pioneer Alaska Line and Alaska trol Administration; Fish and Avocados; importation______10562 Steamship Co.; agreement filed Oranges, Valencia, grown in Ari­ Wildlife Service; Land Manage­ for approval______10594 ment Bureau. zona and California; handling U.S. Atlantic & Gulf /Australia- limitation__ !______10561 New Zealand Conference; peti­ INTERNAL REVENUE SERVICE Potatoes, Irish, grown in south­ tion filed for approval______10594 eastern States; expenses and Rules and Regulations rate of assessment______10562 Income tax; allocation of income Proposed Rule Making FEDERAL POWER COMMISSION and deductions among tax­ Meat inspection; disposition of Notices payers ------10569 swine carcasses with sexual Hearings, etc.: INTERSTATE COMMERCE odor------10577 Appalachian Power Co______10594 Prunes, dried, produced in Cali­ Central Vermont Public Service COMMISSION fornia; suspension or termina­ Corp ------10595 tion of certain provisions_____ 10576 Rules and Regulations Lyons Gas Co., Inc., and Michi­ Surety bonds and policies of insur­ FEDERAL AVIATION gan Wisconsin Pipe Line Co__ 10595 ance; security for protection of Montana-Dakota Utilities Co__ 10595 the public______10572 ADMINISTRATION Natural Gas Pipeline Company Rules and Regulations of America______10595 Notices Reading & Bates Offshore Drill­ Alterations; control zones and/ Fourth section application for re­ ing Co. et al______. 10596 lief ------10609 or transition areas (8 docu­ Shell Oil Co. et al______10596 Motor carrier, broker, water car­ ments) —_------10563-10565 Tesoro Petroleum Corp______10596 rier, and freight forwarder ap­ Designations; transition afeas (4 Texaco, Inc., et al______10597 documents)------10565, 10566 plications ------10600 IFR altitudes; miscellaneous Motor carrier temporary authority amendments______10566 FEDERAL TRADE COMMISSION applications______10609 St. Louis Southwestern Railway Proposed Rule Making Proposed Rule Making Co.; rerouting or diversion of Air taxi operations with large air- • Guides for advertising allowances traffic------10610 cr a ft------—------10578 and other merchandising pay­ Southern Pacific Co.; passenger Control zone and transition area; ments and services-______10616 service between California and alteration______10579 Louisiana; adequacies______10610 Federal airway segment; designa- tion ------10579 FEDERAL WATER POLLUTION JUSTICE DEPARTMENT Jet routes and high altitude re­ CONTROL ADMINISTRATION porting points; alterations, Rules and Regulations establishment, revocations, and Proposed Rule Making Standards of conduct; reporting designation (2 documents)___ 10579, Standards-s e 11 i n g conferences, of outside interests______10570 10580 hearings------10574 (Continued on next page) 10559 10560 CONTENTS

LAND MANAGEMENT BUREAU NATIONAL BUREAU OF SMALL BUSINESS Rules and Regulations STANDARDS ADMINISTRATION Oil and gas; acreage limitations— 10570 Notices Notices Notices NBS radio stations; standard fre­ American Business Capital Corp. quency and time broadcasts___ 10585 Classification of public lands for et al.; license revocations_____ 10598 multiple-use management: POST OFFICE DEPARTMENT Texas; declaration of disaster loan Colorado______1------10582 area ______10598 Utah; proposed classification— 10584 Rul es and Regulations W yoming______10584 Code of ethical conduct; conflicts TRANSPORTATION DEPARTMENT Nevada; proposed classification of of interest______10570 public lands for transfer out of See Federal Aviation Administra­ Federal ownership------10583 SECURITIES AND EXCHANGE tion. Proposed withdrawal and reserva­ tion of lands : COMMISSION TREASURY DEPARTMENT California ______*------10582 Notices See Internal Revenue Service. Colorado ______10582 Hearings, etc.: American Checkmaster System, In c ______10597 BSF Co______10597 Cameo-Parkway Records, Inc_ 10598 Rover Shoe Co______10598 Royston Coalition Mines, Ltd— 10598

List of CFR Parts Affected

The following n u m erical 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, 1968, and specifies how they are affected.

7 CFR 16 CFR 28 CFR 354______- ______10561 Proposed R ules : 45— ______■ 10570 362______10561 240___ 10616 409______-______10561 39 CFR 908______10561 944______!______10562 18 CFR 742______10570 953______- ______10562 P roposed R ules: Proposed R ules: 604______10574 43 CFR 10570 993—______- ______10576 21 CFR 3120______9 CFR 120 ______10568 47 CFR 121 ______10569 Proposed R ules: 10570 311______- ______10577 Proposed R ules: 18______10577 P roposed R ules: 14 CFR 73______— — 10581 71 (12 documents)______10563-10566 26 CFR 95__|______10566 1______— ______10569 49 CFR Proposed R ules: 1043 ______10572 43______10578 1084______10572 71 (4 documents)______10579,10580 75 (2 documents)______10579,10580 50 CFR 91______10578 __ 10573 135______— ___- ______- 10578 32 (2 documents)------10561 Rules and Regulations

[Interpretation 25] Chapter IV— Federal Crop Insurance Title 7— AGRICULTURE PART 362— REGULATIONS FOR THE Corporation, Department of Agri­ Chapter III— Agricultural Research ENFORCEMENT OF THE FEDERAL culture Service, Department of Agriculture INSECTICIDE, FU N G IC ID E , AND PART 409— ARIZONA DESERT VALLEY PART 354— OVERTIME SERVICES RE­ RODENTICIDE ACT CITRUS CROP INSURANCE Pesticides Containing Sodium Arse- LATING TO IMPORTS AND EXPORTS Subpart—-Regulations for the 1967 nite and Arsenic Trioxide Com­ and Succeeding Crop Years Commuted Travel Time Allowances pounds Pursuant to the authority conferred A ppendix; County D esignated for There was published in the Federal upon the Director of the Plant Quaran­ Citrus Crop Insurance R egister on November 25, 1967 (32 F.R. tine Division by § 354.1 of the regulations Pursuant to authority contained in concerning overtime services relating to 16164) a notice of a proposed interpreta­ tion under the Federal Insecticide, § 409.20 of the above-identified regula­ imports and exports, effective July 14, Fungicide, and Rodenticide Act (7 U.S.C. tions, the following county is hereby 1968 (7 CFR 354.1), administrative in­ added to the list of counties published structions (7 CFR 354.2), effective Au­ 135-135k) regarding the registration of economic poisons containing sodium October 12, 1967 (32 F.R. 14150), which gust 19, 1967, as amended February 9, arsenite or arsenic trioxide. Under the were designated for citrus crop insurance 1968, and April 19, 1968 (32 F.R. 11981, for the 1968 crop year. 33 F.R. 2757, 5987), prescribing the com­ proposed interpretation, products con­ muted travel time that shall be included taining more than specified percentages California in each period of overtime or holiday of these chemicals would not be eligible Imperial. duty are hereby amended by adding to for registration with directions for use in (Secs. 506, 516, 52 Stat. 73, as amended, 77, as the “lists” therein as follows: or around the home. In addition, certain amended; 7 U.S.C. 1506, 1516) warnings would be required on the labels § 354.2 Administrative instructions pre­ of such products bearing acceptable [ seal] J ohn N. Luft, scribing commuted travel time. directions for use. Manager, Federal * * - * * * Thirty days were permitted for inter­ Crop Insurance Corporation. Outside Metropolitan A rea ested persons to submit written data, [F.R. Doc. 68-8910; Filed, July 24, 1968; ***** views, or arguments in connection with 8:51 am.] POUR HOURS this matter. After thorough consideration of all relevant matters, Interpretation 25 Add: Kahului, Maui, Hawaii (served from Chapter IX— Consumer and Market­ Honolulu, Hawaii). is issued to read as follows: ing Service (Marketing Agreements FIVE HOURS § 362.123 Interpretation with respect to labeling o f sodium arsenite or arsenic and Orders; Fruits, Vegetables, Add: Lihue, Kauai, Hawaii (served from trioxide products. Nuts), Department of Agriculture Honolulu, Hawaii). ***** (a) Home use unacceptable. Labeling [Valencia Orange Reg. 249] for economic poisons submitted in con­ These commuted travel time periods nection with registration under the Act PART 908— VALENCIA O R A N G ES have been established as nearly as may bearing directions for use of products GROWN IN ARIZONA AND DESIG­ be practicable to cover the time neces­ containing more than 2 percent sodium NATED PART OF CALIFORNIA sarily spent in reporting to and return­ arsenite or more than 1.5 percent arsenic ing from the place at which the employee trioxide in or around the home is not Limitation of Handling performs such overtime or holiday duty acceptable. when such travel is performed solely on § 908.549 Valencia Orange Regulation (b) Required warning against home 249. account of such overtime or holiday duty. use. In addition to other warning and Such establishment depends upon facts caution statements required by the regu­ (a) Findings. (1) Pursuant to the within the knowledge of the Plant Quar­ lations and interpretations under the marketing agreement, as amended, and antine Division. It is to the benefit of the Act, labels for such products with accept­ Order No. 908, as amended (7 CFR Part public that these instructions be made able directions for agricultural, commer­ 908), regulating the handling of. Valen­ effective at the earliest practicable date. cial, or industrial, use must bear, in a cia oranges grown in Arizona and de­ Accordingly, pursuant to the provisions prominent position, the warning state­ signated part of California, effective of 5 U.S.C. 553, it is found upon good m ents) as indicated below:. under the applicable provisions of the cause that notice and public procedure on (1) All products; “Do Not Use or Store Agricultural Marketing Agreement Act these instructions are impracticable, un­ in or Around the Home.” of 1937, as amended (7 U.S.C. 601-674), necessary, and contrary to the public (2) Products intended for area treat­ and upon the basis of the recommenda­ interest, and good cause is found for ments such as herbicide use; “Do Not tions and information submitted by the making these instructions effective less Allow Domestic Animals to Graze Treated Valencia Orange Administrative Com­ than 30 days after publication in the Areas.” mittee, established under the said Federal R egister. Effective date. This interpretation shall amended marketing agreement and (64 Stat. 561; 7 U.S.C. 2260) order, and upon other available infor­ become effective 90 days after publica­ mation, it is hereby found that the This amendment shall become effective tion in the Federal R egister. Revised limitation of handling of such Valencia upon publication in the Federal labeling for registered products which oranges, as hereinafter provided, will R egister. are affected by this interpretation should tend to effectuate the declared policy be submitted before the effective date. Done at Hyattsville, Md., this 22d day of the act. of July 1968. Done at Washington, D.C., this 22d (2) It is hereby further found that it day of July 1968. is impracticable and contrary to the pub­ Cseal7 T- G. Darling, H arry W. Hays, lic interest to give preliminary notice, Acting Director, Director, Plant Quarantine Division. engage in public rule-making procedure, Pesticides Regulation Division. and postpone the effective date of this [F.R. Doc. 68-8908; Filed, July 24, 1968; [F.R. Doc. 68-8909; Filed, July 24, 1968; section until 30 days after publication 8:51 a.m.] 8:51 a.m.] hereof in the F ederal R egister (5 U.S.C.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10562 RULES AND REGULATIONS

553) because the time intervening be­ 601-674), the provisions of paragraph southeastern States production area tween the date when information upon (a) (4) of § 944.8 (Avocado Reg. 16; 33 which is comprised of certain designated which this section is based became avail­ P.R. 8548, 9087) are hereby amended to counties of Virginia and North Carolina, able and the time when this section must read as follows : was published in the F ederal R egister become effective in order to effectuate March 14, 1968 (33 F.R. 4517). This reg­ the declared policy of the actr is insuffi­ § 944.8 Avocado Regulation 16. ulatory program is effective under the cient, and a reasonable time is permit­ Agricultural Marketing Agreement Act (a) * * * of 1937, as amended (7 U.S.C. 601 et ted, under the circumstances, for prep­ (4) Avocados of the Trapp variety aration for such effective time; and seq.). The notice afforded interested per­ shall not be imported (i) prior to August sons an opportunity to file written data, good cause exists for making the provi­ 12, 1968; (ii) from August 12 through sions hereof effective as hereinafter set views, or arguments pertaining thereto August 25, 1968, unless the individual not later than 15 days following publi­ forth. The committee held an open fruit in each lot of such avocados weighs meeting during the current week, after cation in the Federal R egister. None was at least 14 ounces or measures at least filed. giving due notice thereof, to consider 3x%e inches in diameter; and (iii) from supply and market conditions for Valen­ August 26 through September 9, 1968, After consideration of all relevant cia oranges and the need for regulation; unless the individual fruit in each lot matter presented, including the pro­ interested persons were afforded an op­ of such avocados weighs at least 12 posals set forth in the aforesaid notice portunity to submit information and ounces or measures 3%6 inches in which were originally recommended on views at this meeting; the recommenda­ diameter. February 15 by the Southeastern Potato tion and supporting information for Committee and reaffirmed on June 13 by regulation during the period specified ***** the new committee, established pursuant herein were promptly submitted to the , It is hereby found that it is imprac­ to said amended marketing agreement Department after such meeting was ticable, unnecessary, and contrary to the and order, it is hereby found and deter­ held; the provisions of this section, in­ public interest to give preliminary no­ mined that: cluding its effective time, are identical tice, engage in public rule-making pro­ with the aforesaid recommendation of § 953.205 Expenses and rate of assess­ cedure, and postpone the effective time ment. the committee, and information, con­ of this regulation beyond that herein­ cerning such provisions and effective after specified (5 U.S.C. 553) in that (a) The expenses necessary to be in­ time has been disseminated among han­ (a) the requirements of this amended curred by the Southeastern Potato Com- dlers of such Valencia oranges; it is import regulation are imposed pursuant mitt.ee, established pursuant to Market­ necessary, in order to effectuate the de­ to section 8e of the Agricultural Market­ ing Agreement No. 104, as amended and clared policy of the act, to make this ing Agreement Act of 1937, as amended this part, to enable such committee to section effective during the period herein (7 U.S.C. 601-674), which makes such carry out its functions pursuant to pro­ specified; and compliance with this sec­ regulation mandatory; (b) such regula­ visions of the aforesaid marketing agree­ tion will not require any special prep­ tion imposes the same grade and com­ ment and order, during the fiscal period aration on the part of persons subject parable maturity requirements on im­ ending October 31, 1968, are reasonable hereto which cannot be completed on or ports of avocados as are being made ap­ and will amount to $10,150. before the effective date hereof. Such plicable to the shipment of avocados committee meeting was held on July 23, (b) The rate of assessment to be paid grown in Florida under Avocado Regu­ by each handler in accordance with the 1968. lation 10, as amended, which becomes ef­ amended Marketing Agreement and this (b) Order. (1) The respective quanti­fective July 24,1968 ; (c) compliance with part shall be one-fourth of 1 cent ties of Valencia oranges grown in Arizona this import regulation will not require ($0.0025) per hundredweight of potatoes and designated part of California which any special preparation which cannot be handled by him as the first handler may be handled during the period completed by the effective time hereof; thereof during the fiscal period. July 26,1968, through August 1, 1968, are (d) notice hereof in excess of 3 days, hereby fixed as follows: (c) Terms used in this section shall the minimum prescribed by said section have the same meaning as when used in (1) District 1: Unlimited movement; 8e, is given with respect to this import the said amended marketing agreement (ii) District 2: 300,000 cartons; regulation; and (e) such notice is hereby and this part. (iii) District 3: Unlimited movement. determined, under the circumstances, to (2) As used in this section, “handled,” be reasonable. It is hereby found that good cause “handler,” “District 1,” “District 2,” exists for not postponing the effective “District 3,” and “carton” have the same Dated, July 22, 1968, to become ef­ date of this section until 30 days after meaning as when used in said amended fective July 29,1968. publication in the Federal R egister (5 marketing agreement and order. U.S.C. 553) in that: (1) The relevant Paul A. Nicholson, provisions of said amended marketing (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Deputy Director, Fruit and agreement and this part require that the 601-674) Vegetable Division, Consumer rate of assessment fixed for a particular Dated; July 24, 1968. and Marketing Service. fiscal period shall be applicable to all assessable potatoes from the beginning Paul A. Nicholson, [F.R. Doc. 68-8906; Filed, July 24, 1968; Deputy Director, Fruit and 8:51 a.m.] of such fiscal period, and (2) the current Vegetable Division, Consumer fiscal period began on November 1, 1967, and Marketing Service. and the rate of assessment herein fixed PART 953— IRISH POTATOES GROWN will automatically apply to all assessable [F.R. Doc. 68-8970; Filed, July 24, 1968; potatoes beginning with such date, 11:23 ajn.] IN SOUTHEASTERN STATES (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) [Avocado Reg. 16, Amdt. 2] Expenses and Rate of Assessment - Dated: July 22,1968. PART 944— FRUIT; IMPORT Notice of rule making regarding the REGULATIONS proposed expenses and rate of assess­ Paul A. Nicholson, ment, to be effective under Marketing Deputy Director, Fruit and Veg­ Avocados Agreement No. 104, as amended, and etable Division, Consumer and Pursuant to the provisions of section Order No. 953, as amended (7 CFR Part Marketing Service. 8e of the Agricultural Marketing Agree­ 953; 33 F.R. 8502, 8506), regulating the [F.R. Doc. 68-8907; Filed, July 24, 1968; ment Act of 1937, as amended (7 U.S.C. handling of Irish potatoes grown in the 8:51 ajn.]

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 RULES AND REGULATIONS 10563

excluding the portion within the [Airspace Docket No. 68-CE-3] Title 14— AERONAUTICS AND Brunswick, Ga. (NAS Glynco), control zone * * is deleted and “ * * * ex­ PART 71— DESIGNATION OF FEDERAL SPACE cluding the portion within the Bruns­ AIRWAYS, CONTROLLED AIRSPACE, wick, Ga. (NAS Glynco), control zone AND REPORTING POINTS - Chapter I— Federal Aviation Admin­ and the portion within a 1.5-mile radius istration, Department of Transpor­ of Brunswick Municipal Airport (lat. Alteration of Control Zone and tation 31°11'10" N., long. 81°28'50" W.) * * Transition Area SUBCHAPTER E— AIRSPACE is substituted therefor. On page 7726 of the F ederal R egister [Airspace Docket No. 68-SO--43] (Sec. 307(a), Federal Aviation Act of 1958; 49 dated May 25, 1968, the Federal Aviation TJ.S.C. 1348(a)) Administration published a supplemen­ part 71— DESIGNATION OF FEDERAL Issued in East Point, Ga., on July 15, tal notice of proposed rule making which AIRWAYS, CONTROLLED AIRSPACE, 1968. would amend §§ 71.171 and 71.181 of Part 71 of the Federal Aviation Regula­ AND REPORTING POINTS James G. R ogers, Director, Southern Region. tions so as to alter the control zone and Alteration of Control Zones transition area at Champaign, m. [F.R, Doc. 68-8842; Filed, July 24, 1968; Interested persons were given 45 days The purpose of these amendments to 8:46 a.m.J V Part 71 of the Federal Aviation Regula­ to submit written comments, sugges­ tions is to alter the Brunswick, Ga. (NAS tions, or objections regarding the pro­ Glynco), and the Brunswick, Ga. (Mal­ [Airspace Docket No. 68-CE-37] posed amendments. colm-McKinnon Airport), control zones. No objections have been received and The Brunswick (NAS Glynco) and the PART 71— DESIGNATION OF FEDERAL the proposed amendments are hereby Brunswick (Malcolm-McKinnon Air­ AIRWAYS, CONTROLLED AIRSPACE, adopted without change and are set port) control zones are described in AND REPORTING POINTS forth below. § 71.171 (33 F.R. 2058). A portion of the These amendments shall be effective NAS Glynco control zone is described as Alteration of Control Zone and 0901 G.m.t., September 19, 1968. “within a 1V2 -mile radius of the Bruns­ Transition Area (Seer 307(a), Federal Aviation Act of 1958; wick Municipal Airport (lat. 31°11'00" 49 U.S.C. 1348) N., long. 81°29'Q0" W .).” The Malcolm- On pages 7258 and 7259 of the Federal McKinnon Airport basic control zone R egister dated May 16,1968, the Federal Issued in Kansas City, Mo., on July 12, radius encompasses a portion of the air­ Aviation Administration published a 1968. space within a 1.5-mile radius of Bruns­ notice of proposed rule making which Edward C. M arsh, wick Municipal Airport. would amend §§ 71.171 and 71.181 of Part Director, Central Region. 71 of the Federal Aviation Regulations The Airport Manager has requested (1) In §71.171 (33 F.R. 2058), the that Brunswick Municipal Airport be ex­ so as to alter the control zone and tran­ sition area at Bozeman, Mont. following control zone is amended to cluded from the control zones. Addition­ read: Interested persons were given 45 days ally, Coast and Geodetic Survey has Cham paign, III. to submit written comments, sugges­ verified the geographic coordinate for Within a 5-mile radius of the University of Brunswick Municipal Airport as “lat. tions, or objections regarding the pro­ posed amendments. Illinois-Willard Airport (latitude 40°02'25" 31°11'10" N., long. 81°28'50" W.’\ N., longitude 88°16'35" W .); within 2 miles Because of this request and the verifi­ No objections have been received and each side of the Champaign VORTAC 030°, cation of the geographic coordinate, it the proposed amendments are hereby 123°, 237°, and 328° radials, extending from is necessary to alter the control zones adopted without change and are set the 5-mile radius zone to 12 miles northeast, accordingly. forth below. southeast, southwest, and northwest of the In the interest of safety, the exclusion These amendments shall be effective VORTAC; and within 2 miles each side of 0901 G.m.t., September 19, 1968. the University of Illinois-Willard Airport ILS pertaining to Brunswick Municipal Air­ localizer southeast course, extending from port will be slightly jeduced in compara­ (Sec. 307(a), Federal Aviation Act of 1958; the 5-mile radius zone to the OM. tive area in order to provide controlled 49 U.S.C. 1348) airspace protection for minimum radar (2) In §71.181 (33 F.R. 2137), the Issued in Kansas City, Mo., on July 11, following transition area is amended to separation standards being provided for 1968. aircraft executing approaches to Run­ read: Edward C. M arsh, C ham paign, III.. way 7. Director, Central Region. Since these amendments either lessen That airspace extending upward from 700 the burden on the public or are editorial (1) In §71.171 (33 F.R. 2058), the feet above the surface within a 7-mile radius in nature, notice and public procedure following control zone is amended to of the University of Illinois-Willard Airport hereon are unnecessary and action is read: (latitude 40°02'25" N., longitude 88°16'35" B ozem an, M o n t. W.); and within 8 mUes southeast and 5 taken herein to alter the descriptions miles northwest of the Champaign VORTAC accordingly. Within a 5-mile radius of Gallatin Field 030° radial extending from the VORTAC to In consideration of the foregoing, Part (latitude 45°46'50" N., longitude 111°09'20" 12 miles northeast of the VORTAC excluding 71 of the Federal Aviation Regulations is W .); within 2 miles each side of the Bozeman the portion which overlies the Rantoul, 111., amended, effective immediately, as here­ VOR 308° radial, extending from the 5-mile transition area extending upward from 700 inafter set forth. radius zone to 8 miles northwest of the VOR; feet above the surface. and within 2 miles each side of the 308° In § 71.171 (33 F.R. 2058), the Bruns­ bearing from the Bozeman RBN, extending [F.R. Doc. 68-8844; Filed, July 24, 1968; wick, Ga. (NAS Glynco), and Brunswick, from the 5-mile radius zone to 8 miles north­ 8:46 a.m.] Ga. (Malcolm-McKinnon Airport), con­ west of the RBN. trol zones are amended as follows : In the Brunswick, Ga. (NAS Glynco), (2) In § 71.181 (33 F.R. 2137), the fol­ [Airspace Docket No. 68-CE-40] control zone “ * * * and within a IV2 - lowing transition area is amended to mile radius of the Brunswick Municipal read: PART 71— DESIGNATION OF FEDERAL Airport (lat. 31°11'00" N., long. 81°- B ozem an, M o n t. AIRWAYS, CONTROLLED AIRSPACE, 29'00" W.) * * V ’ is deleted and “ * * * That airspace extending upward from 700 AND REPORTING POINTS excluding the portion south of a line 3.5 feet above the surface within a 9-mile radius miles south of and parallel to the NAS of Gallatin Field (latitude 45°46'50" N., Alteration of Control..Zone and longitude 111°09'20" W.); and that airspace Transition Area Glynco Runway 7 centerline extended extending upward from 1,200 feet above the portion within a 1.5-mile radius surface within 9 miles southwest and 5 miles On pages 7581 and 7582 of the F ederal of Brunswick Municipal Airport (lat. 31 °- northeast of the Bozeman VOR 308° radial, R egister dated May 22, 1968, the Federal II 10" N., long. 81°28'50" W.) * * extending from the VOR to 13 miles north­ Aviation Administration published a is substituted therefor. west of the VOR. notice of proposed rule making which the Brunswick, Ga. (Malcolm- [F-R. Doc. 68-8843; Filed, July 24, 1968; would amend §§ 71.171 and 71.181 of Part McKinnon Airport), control zone “ * * * 8:46 a.m.] 71 of the Federal Aviation Regulations FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10564 RULES AND REGULATIONS so as to alter the control zone and tran­ This amendment shall be effective 0901 notice of proposed rule making which sition area at Devils Lake, N. Dak. G.m.t., September 19, 1968. would amend § 71.181 of Part 71 of the Federal Aviation Regulations so as to Interested persons were given 45 days (Sec. 307(a) of the Federal Aviation Act of to submit written comments, suggestions, 1958; 49 US.C. 1348) alter the transition area at Billings, Mont. or objections regarding the qfoposed Issued in Kansas City, Mo., on July 11, amendments. Interested persons were given 45 days 1968. to submit written comments, suggestions, No objections have been received and Edward C. M arsh, or objections regarding the proposed the proposed amendments are hereby Director, Central Region. . amendment. adopted without change and are set In § 71.181 (33 F.R. 2137), the follow­ No objections have been received and forth below. ing transition area is amended to read: the proposed amendment is hereby These amendments shall be effective adopted without change and is set forth 0901 G.t.m., September 19, 1968. St . J oseph, M o . That airspace extending upward from 700 below. (Sec. 307(a), Federal Aviation Act of 1958; feet above the surface within an 8-mile This amendment shall be effective 49 U.S.C. 1348) radius of Rosecrans Memorial Airport (lati­ 0901 G.m.t., September 19, 1968. Issued in Kansas City, Mo., on July 12, tude 39°46'25'' N., longitude 94°54'45" W.); (Sec. 307(a), Federal Aviation Act of 1958; and within 5 miles east and 8 miles west 49U.S.C. 1348) 1968. of the St. Joseph ILS localizer south course, Edward C. M arsh, extending from the 8-mile radius area to Issued in Kansas City, Mo., on July 12, Director, Central Region. 12 miles south of the OM; that airspace ex­ 1968. (1) In § 71.171 (33 P.R. 2058), the fol­ tending upward from 1,200 feet above the Edward C. M arsh, surface bounded by a line starting at the Director, Central Region. lowing control zone is amended to read: intersection of the southeast edge of V—77 D evils Lak e, N. D a k . and the west edge of V-13; thence south B illings, M o n t . along the west edge of V—13 to latitude Within a 5-mile radius of Devils Lake Mu­ That airspace extending upward from 700 39°42'20" N., longitude 94°29'00" W.; thence feet above the surface within an 8-mlle nicipal Airport (latitude 48°06'50" N., longi­ to latitude 39°44'00'' N., longitude 94°43'20" tude 98°54'30'' W .); within 2 miles each, side radius of Logan Field (latitude 45° 48'25" W.; to latitude 39°30'00" N., longitude 94°- N., longitude 108°31'55" W .); within a 12- of the Devils Lake VOR 134° radial, extend­ 49'00" W.; thence west along latitude 39°30'- ing from the 5-mile radius zone to 10% miles, mile radius of Billings VORTAC, extending 00" N„ to the southwest edge of V-71; thence from a line 5 miles southeast of and parallel southeast of the VOR; within 2 miles each northwest along the southwest edge of V-71 side of the Devils Lake VOR 324° radial, ex­ to the Billings VORTAC 212° radial clock­ to the west edge of V—77; thence north along wise to the Billings VORTAC 347° radial; tending from the 5-mile radius zone to 10% the west boundary of V-77 to the northeast miles northwest of the VOR; and within 2 and within 2 miles each side of the Billings edge of V-71; thence northwest along the ILS localizer east course, extending from the miles each side of the 026° bearing from northeast edge of V-71; to the south edge of Devils Lake Municipal Airport, extending 8-mile radius area to 8 miles east of the V—50 thence to latitude 40°00'35" N., longi­ Billings RBN; that airspace extending up­ from the 5-mile radius zone to 8 miles north­ tude 95°32'30" W.; thence to latitude 40°09'- east of the airport. This control zone is effec­ ward from 1,200 feet above the surface tive during the specific dates and times 00" N., longitude 95°30'00" W.; thence to within a 25-mile radius of Billings VORTAC, latitude 40°05'40" N., longitude 95°02'25" extending from the south edge of V-2 west established in advance by a Notice to Airmen. W., thence clockwise via. the arc of a 14-mile The effective date and time will thereafter of Billings clockwise to the southwest edge radius circle centered on the St. Joseph VOR of V—19 southeast of Billings; within 10 miles be continuously published in the Airman’s to the southeast edge of V-77; thence north­ Information Manual. southwest and 7 miles northeast of the east along the southeast edge of V-77 to Billings VORTAC 301° radial, extending (2) In § 71.181 (33 F.R. 2137), the fol­ the point of beginning; and that airspace from the 25-mile radius area to 49 miles lowing transition area is amended to extending upward from 4,500 feet MSL in northwest of the VORTAC; within 10 miles the vicinity of St. Joseph bounded by V-13 southwest and 7 miles northeast of the Bill­ read: on the west, V—161 on the east and V—50 D evils Lak e, N. D a k . ings VORTAC 317° radial, extending from on the south; within the area bounded on the 25-mile radius area.to 45 miles north­ That airspace extending upward from 700 the west by V-13, on the north by V-50, west of the VORTAC; within 10 miles west feet above the surface within a 12-mile radius on the east by V-161 and on the south by and 7 miles east of the Billings VORTAC 347° of the Devils Lake VOR; and that airspace a direct line from latitude 39°39'30" N., radial, extending from the 25-mile radius extending upward from 1,200 feet above the longitude 94°07'40” W. to latitude 39°40'45" area to 42 miles north of the VORTAC; surface within a 17-mile radius of the Devils N., longitude 94°18'35" W.; within the area within 10 miles north and 8 miles south of Lake VOR, extending from a line 5 miles bounded on the north by V-216, on the east the Billings VORTAC 096° radial, extending north of and parallel to the Devils Lake VOR by V-15 and on the southwest by a line start­ from the 25-mile radius area to 38 miles 097° radial clockwise to a line 5 miles north­ ing at the intersection of the south edge east of the VORTAC; and the area southeast east of and parallel to the Devils Lake VOR of V-216 and the north edge of V-50, to the of Billings bounded on the northeast by 324° radial. intersection of the north edge of V-50 and a line from latitude 40°00'35" N., longitude V-86, on the south by latitude 45° 20'00" [F.R. Doc. 68-8845; Filed, July 24, 1968; 95°32'30" W. to latitude 40°09'00" N.; longii N., and on the west by V—187; that airspace 8:46 a.m.] tude 95°30'00" W.; thence direct to latitude extending upward from 7,700 feet MSL within 40°09'00" N., longitude 95°30'00" W., to lati­ 8 miles each side of the Billings VORTAC tude 40°05'40" N., longitude 95°02'25" W., 096° radial, extending from 38 to 99 miles [Airspace Docket No. 68-CE-36] thence clockwise along the arc of a 14-mile east of the VORTAC; and the area north­ radius circle centered on the St. Joseph VOR west of Billings bounded on the northeast by PART 71— DESIGNATION OF FEDERAL to its intersection with the west edge of V—15; V-1‘87, on the southwest by V2-N, and on the AIRWAYS, CONTROLLED AIRSPACE, and the area bounded on the southwest by northwest by the Lewistown, Mont., VORTAC V-15, on the north by V-216, on the south­ 195° radial; and that airspace extending up­ AND REPORTING POINTS east by V-77 and on the south by the arc ward from 7,000 feet MSL within 7 miles north and 10 miles south of the Billings Alteration of Transition Area of a 14-mile radius circle centered on the St. Joseph VOR. VORTAC 266° radial, extending from 6 to On page 7329 of the F ederal R egister 43 miles west of the VORTAC. (Sec. 307(a), Federal Aviation Act of 1958; dated May 17,1968, the Federal Aviation 49 U.S.C. 1348) [F.R. Doc. 68-8847; Filed, July 24, 1968; Administration published a notice of pro­ 8:46 a.m.] posed rule making which would amend [F.R. Doc. 68-8846; Filed, July 24, 1968; § 71.181 of Part 71 of the Federal Avia­ 8:46 a.m.] tion Regulations so as to alter the transi­ [Airspace Docket No. 68-CE-30] tion area at St. Joseph, Mo. [ Airspace Docket No. 68—CE-22] PART 71— DESIGNATION OF FEDERAL Interested persons were given 45 days PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, to submit written comments, suggestions, AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS or objections regarding the proposed AND REPORTING POINTS amendment. Alteration of Transition Area No objections have been received and Alteration of Transition Area On pages 7259 and 7260 of the F ederal the proposed amendment is hereby On page 7727 of the F ederal R egister R egister dated May 16, 1968, the Fed­ adopted without change and is set forth dated May 25,1968, the Federal Aviation eral Aviation Administration published a notice of proposed rule making whicn below. Administration published a supplemental FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 RULES AND REGULATIONS 10565

would amend § 71.181 of Part 71 of the In § 71.181 (33 F.R. 2137), the follow­ which overlies the Madison, Minn., transition Federal Aviation Regulations so as to ing transition area is amended to read : area. alter the transition area at Reed City, B urlington, I owa [F.R. Doc. 68-8850; Filed, July 24, 1968; Mich. 8:47 a.m.] Interested persons were given 45 days That airspace extending upward from 700 to submit written comments, suggestions, feet above the surface within 2 miles each or objections regarding the proposed side of the 185° bearing from the Burlington [Airspace Docket No. 68-CE-42] amendment. Municipal Airport latitude 40°46'55" N., longitude 91°07'40'' W.), extending from the PART 71— DESIGNATION OF FEDERAL No objections have been received and arc of a 5-mile radius circle centered on Bur­ AIRWAYS, CONTROLLED AIRSPACE, the amendment as so proposed is hereby lington Municipal Airport to 7.5 miles south adopted, subject to the following of the airport; and that airspace extending AND REPORTING POINTS changes: The Miller Airport coordinates upward from 1,200 feet above the surface Designation of Transition Area recited in the Reed City, Mich., transi­ bounded by a line beginning at latitude 41 °- tion area alteration as “ latitude 43°53'- ÍO'OO" N., longitude 91°00'00" W.; to latitude On page 7260 of the Federal R egister 30" N. and longitude 85°31'00" W.” are 41°10'00'' N., longitude 90°00'00'' W.; thence dated May 16, 1968, the Federal Aviation south to latitude 40°35'20" N„ longitude 90°- Administration published a notice of changed to read “latitude 43°54'05" N., OO'OO" W., thence west via latitude 40°35'20" longitude 85°31'05" W.’-\ N., to a line 8 miles east of and parallel to the proposed rule making which would This amendment shall be effective 185° bearing from Burlington Municipal Air­ amend § 71.181 of Part 71 of the Federal 0901 G.m.t., September 19, 1968. port; thence to latitude 40°30'00" N„ longi­ Aviation Regulations so as to designate (Sec. 307(a), Federal Aviation Act of 1958; tude 91°00'00" W.; thence to latitude 40°- a transition area at Jackson, Minn. 49 U.S.C. 1348) 31'00" N., longitude 91°15'00" W.; thence to Interested persons were given 45 days latitude 40°36'00" N., longitude 91°14'30" W., to submit written comments, suggestions, Issued in Kansas City, Mo., on July 12, thence clockwise along the arc of a 14-mile or objections regarding the proposed 1968. radius circle centered on the Burlington amendment. Municipal Airport to longitude 91°00'00'' W., Edward C. M arsh, thence to the point of beginning. No objections have been received and Director, Central Region. the proposed amendment is hereby [F.R. Doc. 68-8849; Filed, July 24, 1968; adopted without change and is set forth In § 71.181 <33 F.R. 2137), the follow­ 8:47 a.m.] ing transition area is amended to read-; below. This amendment shall be effective 0901 R eed Cit y , M ic h . [Airspace Docket No. 68-CE-41] G.m.t., September 19, 1968. That airspace extending upward from 700 (Sec. 307(a), Federal Aviation Act of 1958; feet above the surface within an 8-mile PART 71— DESIGNATION OF FEDERAL 49 U.S.C. 1348) radius of Miller Airport (latitude 43°54'05" AIRWAYS, CONTROLLED AIRSPACE, N., longitude 85°31'05'' W .f; within 5 miles AND REPORTING POINTS Issued in Kansas City, Mo., on July 11, east and 8 miles west of the 352° bearing 1968. from Miller Airport, extending from the air­ Designation of Transition Area Edward C. M arsh, port to 16 miles north of the airport; and Director, Central Region. within 5 miles east and 8 miles west of the On page 7330 of the F ederal R egister 003° bearing from Miller Airport, extending dated May 17, 1968, the Federal Aviation In § 71.181 (33 F.R. 2137), the follow­ from the airport to 12 miles north of the Administration published a notice of pro­ ing transition area is added : airport. posed rule making which would amend IF.R. Doc. 68-8848; Filed, July 24, 1968; § 71.181 of Part 71 of the Federal Avia­ Jackson, Min n . 8:47 a.m.] tion Regulations so as to designate a That airspace extending upward from 700 transition area at Montevideo, Minn. feet above the surface within a 5-mile radius of Jackson Municipal Airport (latitude 4 3 °- [Airspace Docket No. 68-CE-31] Interested persons were given 45 days 39'00" N., longitude 94°59'10". WJ ; and to submit written comments, suggestions, within 2 miles each side of the 327° bearing PART 71— DESIGNATION OF FEDERAL or objections regarding the proposed from Jackson Municipal Airport, extending AIRWAYS, CONTROLLED AIRSPACE, amendment. from the 5-mile radius area to 8 miles AND REPORTING POINTS northeast of the 327° bearing from Jackson No objections have been received and extending upward from 1,200 feet above the Alteration of Transition Area the proposed amendment is hereby surface within 8 miles southwest and 5 miles adopted without changé and is set forth northeast of the 327° bearing from Jackson On page 7258 of the F ederal R egister below. Municipal Airport, extending from the air­ dated May 16, 1968, the Federal Aviation This amendment shall be effective 0901 port to 12 miles northwest of the airport; Administration published a notice of pro­ G.m.t., September 19, 1968. and within 5 miles each side of the 147° posed rule making which would amend bearing from Jackson Municipal Airport, ex­ (Sec. 307(a), Federal Aviation Act of 1958; tending from the airport to 12 miles south­ § 71.181 of Part 71 of the Federal Avia­ east of the airport. tion Regulations so as to alter the transi­ 49 U.S.C. 1348) tion area at Burlington, Iowa. Issued in Kansas City, Mo., on July 11, [F.R. Doc. 68-8851; Filed, July 24, 1968; Interested persons were given 45 days 1968. 8:47 a.m.] to submit written comments, sugges­ Edward C. M arsh, tions, or objections regarding the pro­ Director, Central Region. [Airspace Docket No. 68-CE-25] posed amendment. In § 71.181 (33 F.R. 2137), the follow­ PART 71— DESIGNATION OF FEDERAL No objections have been received and ing transition area is added: the amendment as so proposed is hereby AIRWAYS, CONTROLLED AIRSPACE, adopted, subject to the following change: M ontevideo, M in n . AND REPORTING POINTS The coordinates recited in the Burling­ That airspace extending upward from 700 ton, Iowa, Municipal Airport transition feet above the surface within a 5-mile radius Designation of Transition Area area alteration as “latitude 40°47'05" N., of Montevideo Municipal Airport (latitude On pages 6374 and 6375 of the F ederal 44°58'15'' N., longitude 95°42'40" W .); and longitude 91°07'25" W.” are Ghanged to R egister within 2 miles each side of the 326° bearing dated April 26,1968, the Federal read “latitude 40°46'55" N., longitude from Montevideo Municipal Airport, extend­ Aviation Administration published a no­ 91°07'40" W.”; ing from the 5-mile radius area to 8 miles tice of proposed rule making which would This amendment shall be effective northwest of the airport; and that airspace amend § 71.181 of Part 71 of the Federal 0901 G.m.t., September 19, 1968. extending upward from. 1,200 feet above the Aviation Regulations so as to designate a surface within 5 miles northeast and 8 miles (Sec. 307(a), Federal Aviation Act of 1958; transition area at Fort Madison, Iowa. 49 U.S.C. 1348) southwest of the 326° bearing from Monte­ Interested persons were given 45 days video Municipal Airport, extending from the to submit written comments, suggestions, Issued in Kansas City, Mo., on July 12, airport to 12 miles northwest of the airport; 1968. and within 5 miles each side of the 138° or objections regarding the proposed bearing from Montevideo Municipal Airport, amendment. E dward C. M arsh, extending from the airport to 12 miles south­ No objections have been received and Director, Central Region. east of the airport; excluding the portion the amendment as so proposed is hereby FEDERAL No. 144—Pt. I-----2 EGISTER, VOL. 33, NO. 144— THURSDAY, JULY 5, 1968 10566 RULES AND REGULATIONS From, To, and ME A adopted, subject to the following the 6-mile radius area to 8 miles southeast of the airport; and that airspace extending Section 95.6005 VOR Federal airway 5 changes: The coordinates recited in the upward from 1,200 feet above the surface Port Madison, Iowa, Municipal Airport within 5 miles southwest and 8 miles north­ is amended to read in part: transition area designation as “latitude east of the 143° and 323° bearings from Ar­ Cartersville INT, Ga., via W alter.; Sale Creek 40°39'00" N., longitude 91°19'20" W.” thur N. Neu Airport, extending from 5 miles INT, Ga., via W alter.; *4,500. *4,000— are changed to read “latitude 40°39'30" northwest to 12 miles southeast of the MOCA. N., longitude 91°19'30" W.”. airport. Sale Creek INT, Ga., via W alter.; Chatta­ This amendment shall be effective [F.R. Doc. 68-8853; Filed, July 24, 1968; nooga, Tenn., VOR via W alter.; 3,000. 0901 G.m.t., September 19, 1968. 8:47 am.] Section 95.6008 VOR Federal airway 8 (Sec. 307(a), Federal Aviation Act of 1958; is amended to read in part: 49 UJ3.C. 1348) SUBCHAPTER F— AIR TRAFFIC AND GENERAI *Hankville, Utah, VOR via S alter.; Grand Issued in Kansas City, Mo., on July 12, OPERATING RULES Junction, Colo., VOR via S alter.; 10,700. 1968. [Reg. Docket No. 9023; Amdt. 95-169] *11,000—MCA Hanksville VOR, southwest- Edward C. M arsh, bound. Director, Central Region. PART 95— IFR ALTITUDES Section 95.6009 VOR Federal airtvay 9 In § 71.181 (33 F.R. 2137) , the follow­ Miscellaneous Amendments is amended to read in part: ing transition area is added: The purpose of this amendment to Marquette, Mich., VOR via E alter.; Hough­ F ort M adison, I owa Part 95 of the Federal Aviation Regu­ ton, Mich., VOR via E alter.; *3,300. That airspace extending upward from 700 lations is to make changes in the IFR *2,800—MOCA. feet above the surface within a 5-mile radius altitudes at which all aircraft shall be of Fort Madison Municipal Airport (latitude Section 95.6017 VOR Federal airway 17 flown over a specified route or portion is amended to read in part: 40°39'30“ N., longitude 91°19'30" W.); and thereof. These altitudes, when used in within 2 miles each side of the Burlington, Mission INT, Tex., *Buda INT, Tex.; **3,000. Iowa VORTAO 258° radial, extending from conjunction with the current changeover points for the routes or portions thereof, *3,500—MRA. **2,600—MOCA. the 5-mile radius area to 12 miles west of the Blanco INT, Tex., via W alter.; »Cedar Valley VORTAC excluding the portion which over- also assure navigational coverage that INT, Tex., via W alter.; **3,200. *3,500— lies the Burlington, Iowa, transition area. is adequate and free of ^frequency inter­ MRA. **2,700—MOCA. [F.R. Doc. 68-8852; Hied, July 24, 1968; ference for that route or portion thereof. San Antonio, Tex., VOR via E alter.; »River­ 8:47 am.] As a situation exists which demands, side INT, Tex., via E alter.; 3,000. *4,000— immediate action in the interest of safe­ MRA. ty, I find that compliance with the notice Riverside INT, Tex., via E alter; Austin, Tex., [Airspace Docket No. 68—CE—38] and procedure provisions of the Admin­ VOR via E alter.; 3,000. istrative Procedure Act is impracticable PART 71— DESIGNATION OF FEDERAL Section 95.6018 VOR Federal airway IS and that good cause exists for making is amended to read in part: AIRWAYS, CONTROLLED AIRSPACE, this amendment effective within less AND REPORTING POINTS than 30 days from publication. Barnett INT, Miss.; »Cone TNT, Miss.; In consideration of the foregoing and **2,300. *3,000—MRA. **1,700—MOCA. Designation of Transition Area .pursuant to the authority delegated to Cone INT, Miss.; Meridian, Miss., VOR; *2,300. *1,700—MOCA. On page 7260 of the F ederal R egister me by the Administrator (24 F.R. 5662), dated May 16,1968, the Federal Aviation Part 95 of the Federal Aviation Regula­ Section 95.6020 VOR Federal airway 20 Administration published a notice of pro­ tions is amended, effective August 22, is amended to delete: posed rule making which would amend 1968, as follows: Mobile, Ala., VOR via N alter.; Int, 028° M § 71.181 of Part 71 of the Federal Avi­ 1. By amending Subpart C as follows: rad, Mobile VOR and 246° M rad, Monroe­ ation Regulations so as to designate a From, To, and ME A ville VOR via N alter.; *2,000. *1,700— transition area at Carroll, Iowa. MOCA. Interested persons were given 45 days Section 95.1001 Direct routes—United Int, 028° M rad, Mobile VOR and 246° M to submit written comments, suggestions, States is amended to delete: rad, Monroeville VOR via N alter.; Monroe­ ville, Ala., VORwia N alter.; *2,100. *1,700— or objections regarding the proposed Priest, Calif., VOR; Salinas, Calif., VOR 6,000. amendment. MOCA. No objections have been received and Section 95.1001 Direct routes— United States is amended by adding: Section 95.6020 VOR Federal airway 20 the amendment as so proposed is hereby is amended to read in part: adopted, subject to the following change: Dothan, Ala., VOR via DHN 050°/EOF 179% The Arthur N. Neu Airport coordinates Eufaula, Ala„ VOR; *2,000. *1,700—MOCA. Beaumont, Tex., VOR via N alter.; Orange recited in the Carroll, Iowa, transition * Gunnison, Colo., VORTAC; Jerome Int, INT, Tex., Via N alter.; 1,500. Colo.; **17,000. *12,900—MCA Gunnison area designation as “latitude 42°02'30" VORTAC northbound. **16,300—MOCA. Section 95.6026 VOR Federal airway 26 N , longitude 94°47'15" W.” are changed is amended to read in part: to read “latitude 42°02'50" N., longitude Jerome Int, Colo.; ‘ Kremmling, Colo., VOR­ TAC; **17,000. *12,500—MCA Kremmling, 94o47'20" W.” Huron, S. Dak., VOR via S alter.; Redwood Golo! VORTAC. * *14,000—MOCA. Falls, Minn., VOR via S alter.; *5,000. This amendment shall be effective 9901 Saufley, Fla., VOR; Spencer INT, Fla.; *2,000. *3,400—MOCA. G.m.t., September 19,1968. *1,400—MOCA. (Sec. 307(a), Federal Aviation Act of 1958; Section 95.6035 VOR Federal airway 35 Section 95.6002 VOR Federal airway 2 is amended to read in part: 49 U.S.C. 1348) is amended to read in part: Issued in Kansas City, Mo., on July 12, ♦Spokane, Wash., VOR via N alter.; Int. 052° Cleveland INT, S.C.; Tuxedo INT, N.C.; *5,000. *4,400—MOCA. _ 1968. M rad, Spokane VOR and 271° M rad, Mul- Tuxedo INT, N.C.; Asheville, N.C., VOR; W0OO. E dward C. M arsh, . Ian Pass VOR via N alter., eastbound, Director, Central Region. **9,000; westbound, **8,000. *5,200—MCA Section 95.6050 VOR Federal airway 50 Spokane, eastbound. **7,200—MOCA. In § 71.181 (33 F.R. 2137), the follow­ Int, 052° M rad, Spokane VOR and 271° M is amended to read in part: ing transition area is added: rad, Mvfllan Pass VOR via N alter.; Mullan Indianapolis, Ind., VOR; Dayton, Ohio, VOR; Carroll, I owa Pass, Idaho, VOR via N alter.; *9,000, 3,000. *8,800—MOCA.r That airspace extending upward from 700 Section 95.6063 VOR Federal airway 63 feet above the surface within a 6 -mile ra­ Section 95.6003 VOR Federal airway 3 dius of Arthur N. Neu Airport (latitude is amended to read in part: is amended to read in part: 42°02'50" N., longitude 94°47'02” W .); and Raleigh -Durham, N.C., VOR; Chase City INT,, Cordova, HI., VOR; Thomson INT, 111.; *2,600. within 2 miles each side of the 143° bearing *2,100—MOCA. from Arthur N. Neu Airport, extending from Va.; *3,000. *1,700—MOCA.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 RULES AND REGULATIONS 10567

From, To, and ME A From, To, and ME A From, To, and ME A Section 95.6072 VOR Federal airway 72 Avenal, Calif., VOR; Priest, Calif., VOR; 6,500. Section 95.6213 VOR Federal airway is amended to read in part: Priest, Calif., VOR; Salinas, Calif., VOR; 6,000. 213 is amended to read in part: Maples, Mo., VOR; Delmar INT, Mo.; *3,000. Section 95.6137 VOR Federal airway Rocky Mount, N.C., VOR; Mason INT., Va.; *2,500—MOCA. 137 is amended to delete: *2,000. *1,500—MOCA. Delmar INT, Mo.; Imperial INT, Mo.; *3,000. Mason INT., Va.; Hopewell, Va., VOR; 2,000. *2,200—MOCA. »Gorman, Calif., VOR; Ranger INT; Calif.; 11,000. *9,500—MCA- Gorman VOR, west­ Section 95.6218 VOR Federal airway Section 95.6076 VOR Federal airway 76 bound. 218 is amended by adding : is amended to read in part: Ranger INT, Calif.; Fellows, Calif., VOR west­ Fairmont, Minh., VOR; Rochester, Minn., Austin, Tex., VOR; *Rutler INT, Tex.; bound, 7,000. Eastbound, 11,000. VOR; *3,100. *2,700—MOCA. **2,200. *3,000—MRA. **2,100—MOCA. Fellows, Calif., VOR; *San Luis Obispo, Calif., VOR; * *7,000. *6,000—MCA San Luis Obis­ Section 95.6222 VOR Federal airway Section 95.6088 VOR Federal airway 88 po VOR, Eastbound. **6,400—MOCA. 222 is amended to delete: is amended to read in part: Section 95.6169 VOR Federal airway Industry, Tex., VOR; Cypress INT., Tex.; Vichy, Mo., VOR; Delmar INT, Mo.; *3,000. 169 is amended to read in part: *2,500. *1,600—MOCA. *2,200—MOCA. Cypress INT., Tex.; »Crosby INT., Tex.; Delmar INT, Mo.; Crystal City INT, Mo.; Chadron, Nebr., VOR; Wayside INT, Nebr.; **6,000. *2,000—MRA. **1,600—MOCA. *3,500. *1,900—MOCA. 6,600. Crosby INT, Tex.; Fannett INT, Tex.; *2,000. Wayside INT, Nebr., »Custer INT, 111.; *6,600. *1,300—MOCA. Section 95.6101 VOR Federal airway *5,600—MOCA. Fannett INT, Tex.; Beaumont, Tex., VOR; 101 is amended by adding: *2,000. *1,400—MOCA. Section 95.6177 VOR Federal airway Cypress INT, Tex., via N alter.; Daisetta, Vernal, Utah, VOR; *Neola INT, Utah; 10,000. 177 is amended to delete: *12,000—MCA Neola INT, westbound. Tex., VOR via N alter.; *3,000. *1,600— Neola INT, Utah; Salt Lake City, Utah, VOR; Janesville, Wis., VOR; Kokey INT,. Wis.; MOCA. *2,800. *2,100—MOCA. 15.000. Section 95.6222 VOR Federal airway Salt Lake City, Utah, VOR; Ogden, Utah, Kokey INT, Wis.; Dells, Wis., VOR; 3,300. 222 is amended by adding: VOR; 7,200. Dells, Wis., VOR; Stevens Point, Wis., VOR; *3,000. *2,400—MOCA. Industry, Tex., VOR; Se'aly INT, Tex.; *2,000. Section 95.6106 VOR Federal airway *1,700—MOCA. 106 is amended to read in part: Section 95.6177 VOR Federal airway Sealy INT, Tex.; Houston, Tex., VOR; *2,000. 177 is amended by adding: *1,800—MOCA. Johnstown, Pa., VOR; Huntingdon INT, Pa.; Houston, Tex., VOR; Fry INT, Tex.; 1,600. 5.000. Janesville, Wis., VOR; Truax, Wis., VOR; Fry INT, Tex.-“'Beaumont, Tex., VOR; *1,600. Huntingdon INT, Pa.; Reedsville INT, Pa.; *2,800. *2,100—MOCA. *1,300—MOCA. 5,500. Truax, Wis., VOR; Stevens Point, Wis., VOR; Houston, Tex., VOR via N alter.; »Crosby *3,000. *2,500—MOCA. 95.6112 INT, Tex., via N alter.; 1,600. *2,<5DO—MRA. Section VOR Federal' airway Truax, Wis., VOR via W alter.; Dells, Wis., Crosby INT, Tex., via N alter.; Daisetta, Tex., 112 is amended by adding: VOR via Walter; 3,300. VOR via N alter.; *1,800. *1,300—MOCA. Spokane, Wash., VOR; Diamond INT, Wash., Dells, Wis., VOR via W alter.; Stevens Point, northeastbound, *11,000; southwestbound, Wis., VOR via W alter.; *3,000. *2,400— Section 95.6243 VOR Federal airway *6,000. *5,500—MOCA. MOCA. 243 is amended to read in part: Diamond INT, Wash.; United States-Cana- Cartersville INT, Ga.; Sale Creek INT, Ga.; dian border; *11,000. *9,700—MOCA. Section 95.6183 VOR Federal airway *4,500. *4,000—MOCA. 183 is amended to read in part: Sale Creek INT, Ga.; Chattanooga, Tenn, Section 95.6115 VOR Federal airway VOR; 3,000. 115 is amended to read in part: »Santa Barbara, Calif., VOR; **Taft INT, Calif.; 9,000. *7,500—MCA Santa Barbara Section 95:6244 VOR Federal airway Blaine INT', Tenn.; Powder Springs INT, VOR, northbound. **6,000—MCA Taft INT, Tenn.; 4,000. southbound. 244 is amended to read in part : Powder Springs INT, Tenn.; Rose Hill INT, Taft INT, Calif.; »Maricopa INT, Calif.; Hanksville, Utah, VOR; *Moab Int, Utah- Va.; 5,400, **6,000. *5,000—MCA Maricopa INT, south­ **10,700. *13,500—MCA Moab Int, east- bound. **4,500—MOCA. bound. **8,500—MOCA. Section 95.6119 VOR Federal airway Maricopa INT, Oaiif.; Bakersfield, Calif., Moab INT, Utah; Paradox INT, Colo.; 15,000. 119 is amended to read in part: VOR; 3,000. ♦Paradox INT, Colo.; Nadine INT, Colo •’ 12.000. *13,200—MCA Paradox INT, west­ Henderson, W. Va., VOR; «Plains INT, W. Va.; bound. 2,700. *3,500—MRA. Section 95.6187 VOR Federal airway 187 is amended to deleter »Nadine INT, Colo.; Montrose, C olo, VOR- Plains INT, W. Va.; Parkersburg, W. Va., 11.000. *12,000—MCA Nadine INT, west­ VOR; 2,700. Farmington, N. Mex., VOR; Cortez, Oolo., bound. VOR; 10,600. 95.6121 Montrose, Colo., VOR; Gunnison, Colo., VOR- Section VOR Federal airway Oortez, Colo., VOR; Dove Creek, Colo., VOR; 12,400. 121 is amended by adding: 9,800. «Eugene, Oreg., VOR; Mohawk, INT, Oreg., Dove Creek, Colo., VOR; Grand- Junction, Section 95.6289 VOR Federal airway northeastbound, 10,000; southwestbound, Oolo., VOR; *12,000. *11,700—MOCA. 289 is amended to read in part : 5,200. *4,700—MCA Eugene VOR, north­ 95.6187 Texarkana, Ark., VOR; »Umpire INT Ark • eastbound. Section VOR Federal airway 2,500. *3,500—MCA Umpire INT, north­ Mohawk INT, Oreg., Redmond, Oreg., VOR; 187 is amended by adding: bound. *10,000. *9,800—MOCA. Farmington, N. Mex., VOR; Red Mesa INT, Umpire INT, Ark.; »Abbott INT, Ark.; Oolo.; 9,000. *12,000—MCA Mancos INT, **4,500, *3,000—MCA Abbott INT, south­ Section 95.6133 VOR Federal airway bound. **3,800—MOCA. 133 is amended to read in part: northbound. Red Mesa INT, Colo.; »Mancos INT, Colo; Abbott INT, Ark.; Fort Smith, Ark., VOR- Marquette, Mich, VOR; Houghton, Mich., .10,800. *12,000—MCA Mancos INT, north­ *2,500. *2,000—MOCA. VOR; *3,300. *2,800—MOCA. bound. Section 95.6297 VOR Federal airway Hickory, N.C., VOR; Jefferson INT, N.C: Mancos INT, Oolo.; Nucla INT, Oolo.; *15,000. 297 is amended to read in part : 5.000. *13,700—MOCA. Jefferson INT, N.C.; Sugar Grove INT V a: Nucla INT, Colo.; »Grand Junction, Colo., Strongville, Ohio, VOR; United States-Cana- 7.000. ’ VOR; **12,000. *10,400—MCA Grand Junc­ dian border; *3,000. *2,200—MOCA. tion, southbound. **11,900—MOCA. 95.6137 VOR Federal airway Section 95.6300 VOR Federal airway 137 is amended by adding: Farmington, N. Mex., VOR via W alter.; 300 is amended to delete: Oortez, Oolo., VOR via W alter.; 10,600. Gorman, Calif., VOR; *Taft INT, Calif.; 10,- Cortez, Oolo., VOR via W alter.; Dove Creek, United States-Canadian border; Whitefish 000. *9,000—MCA Taft INT, southeast- Colo., VOR via W alter.; 9,800. Mich., VOR; *6,500. *2,800—MOCA. bound. Whitefish, Mich., VOR; Sault Ste. Marie, Dove Creek, Colo., VOR via W alter.; Grand Mich., VOR; 2,300. Taft P f1’’ Calif-: Avenal, Calif., VOR; south- Junction, Colo., VOR via W alter.; *12,000. eastbound, 5,500; northwestbound, 4,500. Whitefish, Mich., VOR via N alter.; Sault Ste. *11,700—MOCA. Marie, Mich., VOR via N alter.; 2,400.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10568 RULES AND REGULATIONS From, to, MEA, and MAA Houghton, Mich., VOR; Whitefish, Mich., From, To, and ME A # VOR; 81; Houghton. Section 95.6300 VOR Federal airway Section 95.7009 Jet route No. 9 is (Secs. 307, 1110, Federal Aviation Act of 300 is amended by adding: amended to read in part: 1958; 49 U.S.C. 1348, 1510) United States-Canadian border; Shelldrake Salt Lake City, Utah, VORTAC; Dubois, Issued in Washington, D.C., on July 15, DME Fix, Mich.; *10,000. *2,200—MOCA. Idaho, VORTAC; 18,000; 45,000. Shelldrake DEM Fix, Mich.; Sault Ste. Marie, 1968. Section 95.7045 Jet route No. 45 is R . S. SLIFF, Mich., VOR; *3,000. *2,300—MOCA. amended by adding: - Acting Director, Section 95.6316 VOR Federal airway Des Moines, Iowa', VORTAC; Sioux Falls, S. Flight Standards Service. 316 is amended by adding: Dak., VORTAC; 18,000; 45,000. [F.R. Doc. 68-8783; Filed. July 24, 1968; United States-Canadian border; Houghton, Sioux Falls, S. t)ak„ VORTAC; Aberdeen, S. 8:45 a.m.] Mich., VOR; *3,100. *2,500—MOCA. Dak., VORTAC; 18,000; 45,000. Houghton, Mich., VOR; Marquette, Mich., Section 95.7063 Jet route No. 63 is VOR; *3,300. *2,800—MOCA. Marquette, Mich., VOR; Train INT, Mich.; amended by adding: *3,000. *2,800—MOCA. Tuna INT, N.Y.; Kennedy, N.Y., VORTAC; Title 21— FOOD AND DRUGS Train INT, Mich.; Emerson INT, Mich.; 18,000; 45,000. *5,500. *2,200—MOCA. Chapter 1—Food and Drug Adminis­ Emerson INT, Mich.; Sault Ste. Marie, Mich., Section 95.7066 Jet route No. 66 is tration, Department of Health, Edu­ VOR; *2,800. *2,100—MOCA. amended by adding: cation, and Welfare Little Rock, Ark., VORTAC; Memphis, Tenn., Section 95.6328 VOR Federal airvyay SUBCHAPTER B— FOOD AND FOOD PRODUCTS 328 is amended by adding: VORTAC; 18,000; 45,000. PART 120— TOLERANCES AND EX­ Rock Springs, Wyo., VOR; Big Piney, Wyo., Section 95.7151 Jet route No. 151 is VOR; *10,000. *9,700—MOCA. added to read: EMPTIONS FROM TOLERANCES FOR Big Piney, Wyo., VOR; »Jackson, Wyo., VOR; Billings, Mont., VORTAC; Rapid City, S. Dak., PESTICIDE CHEMICALS IN OR ON 13,500. *11,200—MCA Jackson VOR, south­ VORTAC; #18,000; 45,000. #MEA is estab­ RAW AGRICULTURAL COMMODI­ bound. lished with a gap in navigation signal TIES Section 95.6434 VOR Federal airway coverage. Rapid City, S. Dak., VORTAC; O’Neill, Nebr., 2-ChloroallyI Dielhyldithiocarbamate 434 is amended to read in part: VORTAC; 18,000; 45,000. Ottumwa, Iowa, VOR; Packwood INT, Iowa; O’Neill, Nebr., VORTAC; Des Moines, Iowa, A petition (PP 8PG644) was filed with *2,400. *2,200—MOCA. VORTAC; 18,000; 45,000. the Food and Drug Administration by Packwood INT, Iowa; Grandview INT, Iowa; Des Moines, Iowa, VORTAC; St. Louis, Mo., the Monsanto Co., 800 North Lindbergh *2,300. *2,000—MOCA. VORTAC; 18,000; 45,000. Boulevard, St. Louis, Mo. 63166, propos­ Grandview INT, Iowa; Moline, 111., VOR; *2,300. *2,100—MOCA. Section 95.7153 Jet route No. 153 is ing the establishment of tolerances for amended by adding: negligible residues of the herbicide 2- Section 95.6448 VOR Federal airway chloroallyl diethyldithiocarbamate in or 448 is amended to read in part: Shat INT, Va.; Sea Isle, N.J., VORTAC; 18,000; on the raw agricultural commodities 45,000. ♦Spokane, Wash., VOR; Range INT, Idaho, broccoli, brussels sprouts, cabbage, can­ eastbound, **9,000; westbound, **8,000. Section 95.7548 Jet route No. 548 is taloups, cauliflower, celery, chicory, col- *5,200—MCA Spokane, eastbound. **7,- amended by adding: lards, com (sweet and field), cucumbers, 200—MOCA. endive (escarole), hanover salad, kale, Range INT, Idaho; Kalispell, Mont., VOR; Pullman, Mich., VORTAC; Sault Ste. Marie, Mich., VORTAC; 18,000; 45,000. lettuce, lima beans, mustard greens, *11,500. *9,600—MOCA. okra, potatoes, snap beans, soybeans, Section 95.6462 VOR Federal airway Section 95.7590 Jet route No. 590 is spinach, tomatoes, turnip greens, and 462 is deleted. amended by adding: watermelons at 0.2 part per million. Section 95.6470 VOR Federal airway Sault St. Marie, Mich., VORTAC; Carlton, Subsequently the petitioner amended 470 is deleted. Mich., VORTAC; 18,000; 45,000. the petition to add bean vines, soybean Section 95.6484 VOR Federal airway 2. By amending Subpart D as follows: forage and hay, and turnips, and to 484 is amended to read in part; Section 95.8003 VOR Federal airway change com (field and sweet) to corn Grand Junction, Colo., VOR; Montrose, Colo., changeover points: fodder and forage, com grain, and com VOR; 10,500. (kernels plus cobs with husks removed). Montrose, Colo., VOR; Gunnison, Colo., VOR; Airway segment: From, to—Changeover The Secretary of Agriculture has cer­ 12,400. point: Distance: from tified that this pesticide chemical is use­ Section 95.6536 VOR Federal airway V-101 is amended by adding: ful for the purposes for which the toler- Vernal, Utah, VOR; Salt Lake City, Utah, 536 is amended by adding: VOR; 42; Salt Lake City. * »Corvallis, Oreg., VOR; Lebanon INT, Oreg., V—113 is amended by adding: Based on consideration given the data eastbound, 10,000; westbound, 4,100. *4,- S«ti Luis Obispo, Calif., VOR; Paso Robles, submitted in the petition, and other rele­ 800—MCA Corvallis VOR, eastbound. Calif., VOR; 7; San Luis Obispo. vant material, the Commissioner of Food »■Lebanon INT, Oreg.; Holly INT, Oreg., east- V-137 is amended to delete: and Drugs concludes that the tolerances bound, 10,000; westbound, 4,100. *6,700— Fellows, Calif., VOR; San Luis Obispo, Calif., established by this order will protect the MCA Lebanon INT, eastbound. VOR; 19; Fellows. public health. Therefore, by virtue of Holly INT, Oreg.; Redmond, Oreg., VOR; V-137 is amended by adding: *10,000. *9,800—MOCA. Gorman, Calif., VOR; Avenal, Calif., VOR; 81; the authority vested in the Secretary of Gorman. - , Health, Education, and Welfare by the Section 95.7004 Jet route No. 4 is Spokane, Wash., VOR; Kalispell, Mont., VOR; Federal Food, Drug, and Cosmetic Act amended to read in part: 103; Spokane. V-244 is amended to delete: (sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. From, To, MEA, and MAA Hanksville, Utah, VOR; La Sal, Utah, VOR; 346a(d) (2)) and delegated to the Com­ Blythe, Calif., VORTAC; Gila Bend, Ariz., 27; Hanksville. missioner (21 CFR 2.120), Part 120 is VORTAC; 18,000; 45,000. V—300 is amended to delete: Lakehead, Canada, VOR; Whitefish, Mich., amended as follows: Section 95.7006 Jet route No. 6 is VOR; 80; Whitefish. 1. Section 120.3(e) (3) is amended by amended to read in part ; V-300 is amended by adding: alphabetically inserting in the list of United States-Canadian border; Sault Ste. Little Rock, Ark., VORTAC; Bowling Green, pesticides a new item, as follows: Ky., VORTAC; #18,000; 45,000. #MEA is es­ Marie, Mich., VOR; 93; Sault Ste. Marie. tablished with a gap in navigation signal V—328 is amended by adding: § 120.3 Tolerances for related pesticide coverage. Big Piney, Wyo., VOR; Jackson, Wyo., VOR; chem icals. Bowling Green, Ky., VORTAC; Charleston, W. 15; Jackson. ***** Va., VORTAC; 18,000; 45,000. 7 -462 is amended to delete:

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 RULES AND REGULATIONS 10569 (e) * * * Box 2711, Orlando, Fla. 32802 (FAP (3) * * * 8A2269), and other relevant material, Title 2 6 -IN TE R N A L REVENUE 2-Chloroallyl diethyldithiocarbamate. has concluded that the food additive Chapter I— Internal Revenue Service, ***** regulations should be amended to pro­ vide for the safe use in food of the Department of the Treasury 2. A new section is added to Subpart Csynthetic flavoring substances specified as follows: below. Therefore, pursuant to the pro­ SUBCHAPTER A— INCOME TAX [T.D. 6964] § 120.247 2-Chloroallyl diethyldithiocar­ visions of the Federal Food, Drug, and bamate; tolerances for residues. Cosmetic Act (sec. 409(c)(1), 72 Stat. PART 1— INCOME TAX; TAXABLE 1786; 21 U.S.C. 348(c)(1)) and under Tolerances are established for negli­ the authority delegated to the Commis­ YEARS BEGINNING AFTER DECEM­ gible residues of the herbicide 2-chloro- sioner (21 CFR 2.120), § 121.1164(b) is BER 31, 1953 allyl diethyldithiocarbamate in or on amended by alphabetically inserting in Allocation of Income and Deductions raw agricultural commodities bean vines, the list of substances new items, as broccoli, brussels sprouts, cabbage, can­ follows: Among Taxpayers taloups, cauliflower, celery, chicory, col- In order to liberalize the rules with lards, com (kernels plus cob with husk § 121.1164 Synthetic flavoring sub­ stances and adjuvants. respect to the treatment under section removed), com fodder and forage, corn 482 of the Internal Revenue Code (1954) grain, cucumbers, endive (escarole), ***** of arrangements between related tax­ banover salad, kale, lettuce, lima beans, (b) * * *. payers for the sharing of the costs and mustard greens, okra, potatoes, snap Linalool oxide; cis- and £ra?is-2-vinyl-2- risks of development of intangible prop­ beans, soybeans, soybean forage and hay, methyl-5-(l' - hydroxy - 1' - methylethyl) erty, subparagraph (4) of § 1.482-2(d) spinach, tomatoes, turnip greens, tur­ tetr ahydrof ur an. is amended to read as follows: nips, and watermelons at 0.2 part per ***** million. § 1.482—2 Determination of taxable in­ Methadienol; p-mentha-l,8(10) -dien-9-ol. come in specific situations. Any person who will be adversely Methadienyl acetate; p-mentha-l,8(10) - affected by the foregoing order may at dien-9-yl acetate. ***** any time within 30 days from the date ***** (d) Transfer or use of intangible property. * * * of its publication in the Federal Nootkatone; 5,6-dimethyl-8-isopropenyl-bi- R egister file with the Hearing Clerk, De­ cyclo[4,4,0] -dec-l-en-3-one. (4) Sharing of costs and risks. Where partment of Health, Education, and Wel­ Ocimene; irans-jS-ocimene; 3,7-dimethyl-l,3, a member of a group of controlled en­ fare, Room 5440, 330 Independence 6-octatriene. tities acquires an interest in intangible Avenue SW., Washington, D.C. 20201, * * * * * property as a participating party in a written objections thereto, preferably in Perillaldehyde; 4-isopropenyl- 1-cyclohexene- bona fide cost sharing arrangement with quintuplicate. Objections shall show 1-carboxaldehyde; p-mentha-l,8-dien-7-al. respect to the development of such in­ wherein the person filing will be adversely Perillyl acetate; p-mentha-l,8-dien-7-yl tangible property, the district director affected by the order and specify with aoetate. shall not make allocations with respect particularity the provisions of the order ***** to such acquisition except as may be ap­ deemed objectionable and the grounds Any person who will be adversely af­ propriate to reflect each participant’s for the objections. If a hearing is re­ fected by the foregoing order may at any arm’s length share of the costs and risks quested, the objections must state the time within 30 days from the date of its of developing the property. A bona fide issues for the hearing. A hearing will be publication in the Federal R egister file cost sharing arrangement is an agree­ granted if the objections are supported with the Hearing Clerk, Department of ment, in writing, between two or more by grounds legally sufficient to justify Health, Education, and Welfare, Room members of a group of controlled enti­ the relief sought. Objections may be ac­ 5440, 339 Independence Avenue SW., ties providing for the sharing of the companied by a memorandum or brief in Washington, D.C. 20201, written objec­ costs and risks of developing intangible support thereof. property in return for a specified in­ tions thereto, preferably in quintuplicate. terest in the intangible property that Effective date. This order shall become Objections shall show wherein the person may be produced. In order for the effective on the date of its publication in filing will be adversely affected by the arrangement to qualify as a bona fide the Federal R egister. order and specify with particularity the arrangement, it must reflect an effort in (Sec. 408(d)(2), 68 Stat. 512; 21 U.S C provisions of the order deemed objec­ good faith by the participating members 346a(d)(2)) to bear their respective shares of all the tionable and the grounds for the objec­ Dated: July 16, 1968. costs and risks of development on an tions. If a hearing is requested, the ob­ arm’s length basis. In order for the shar­ J. K. K irk, jections must state the issues for the ing of costs and risk to be considered on Associate Commissioner hearing. A hearing will be granted if the an arm’s length basis, the terms and con­ for Compliance. objections are supported by grounds le­ ditions must be comparable to those [F.R. DOc. 68-8899; Filed, July 24, 1968; gally sufficient to justify the relief which would have been adopted by un­ 8:51 a.m.] related parties similarly situated had sought. Objections may be accompanied they entered into such an arrangement. by a memorandum or brief in support If an oral cost sharing arrangement, PART 121— FOOD ADDITIVES thereof. entered into prior to April 16, 1968, and Effective date. This order shall become continued in effect after that date, is Subparf D— Food Additives Permitted otherwise in compliance with the stand- . in Food for Human Consumption effective on the date of its publication ards prescribed in this subparagraph, it in the F ederal R egister. Synthetic F lavoring Substance and shall constitute a bona fide cost sharing arrangement if it is reduced to writing A djuvants (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348(c)(1)) prior to January 1, 1969. The Commissioner of Food and Drug ***** having evaluated data in petitions file Dated: July 16,1968. Because this Treasury decision merely byGlidden-Durkee Division, SCM Corr J. K. K irk, 900 Union Commerce Building, Cleve Associate Commissioner liberalizes the rules with respect to the ¡® d, Ohio 44115 (FAP 8A2257), an sharing of costs and risks of development for Compliance. of intangible property, it is found that it The Coca-Cola Co. Foods Division (foi [F.R. Doc. 68-8900; Filed, July 24, 1968; merly Minute Maid Co.), Post Oflflc is unnecessary to issue this Treasury de­ 8:51 a.m.] cision with notice and public procedure

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10570 RULES AND REGULATIONS thereon under 5 U.S.C. 553(b), or sub­ were approved by the Civil Service Com­ restrictions upon the public, public com­ ject to the effective date of limitation of mission on July 3, 1968. ment thereon, and a delayed effective Section 742.735-26(a) (4) is revised to date, are determined to be unnecessary 5 U.S.C. 553(d). and not in the public interest. Therefore, (Sec. 7805, Internal Revenue Code of 1954 clarify a cross reference and paragraph (c) (1) (vii) is deleted for clarification. these amendments shall take effect im­ (68A Stat. 917; 26 U.S.C. 7805)) mediately upon publication in the [seal] Sheldon S. Cohen, § 742.735—26 Conflicts of interest. F ederal R egister. Commissioner of Internal Revenue. (p,) Outside employment and other In § 3120.1-2, paragraph (e) (2) is amended to read as follows: Approved: July 19, 1968. activities. * * * (4) An employee shall not engage in § 3120.1—2 Acreage limitations. S tanley S. Surrey, outside employment under a State or * » * * * Assistant Secretary local government except in accordance of the Treasury. (e) * * * with this Part 742 and section 744.34 of (2) Any person holding or controlling [P.R. Doc. 68-8880; Plied, July 24, 1968; the Postal Manual. 8:49 am.] leases or interests in leases only, or ap­ * * * * * plications or offers for leases only, or N ote: The corresponding Postal Manual both leases or interest in leases and ap­ section is 742.261d. plications or offers or options or inter­ Title 28— JUDICIAL (c) Political activity. * * * ests in options below the acreage limita­ (1) Permitted political activity. * * * tion provided in this section, shall be ADMINISTRATION (vii) [Deleted] subject to these rules: * * * * * (i) If he files an application or offer Chapter I— Department of Justice or option or interest in option which No t e : The corresponding Postal Manual [Order No. 399-68] section is 742.263a(7). causes him to exceed the acreage limita­ tion, that application or offer will be PART 45— STANDARDS OF CONDUCT As the foregoing amendments relate rejected. to a proprietary function of the Govern­ (ii) For tracts not subject to the Reporting of Outside Interests ment and do not affect substantive rights simultaneous filing procedures of Under and by virtue of the authority public rule making procedures, advance § 3123.9, if he files a group of applications vested in me by sections 509 and 510 of notice, or a delayed effective date are or options or offers or interests in options title 28 and section 301 of title 5, United unnecessary. at the same time, any one of which States Code, §45.735-22 of Part 45 of (5 U.S.C. 301, 39 U.S.C. 501; Executive Order causes him to exceed the acreage limita­ Chapter I of Title 28, Code of Federal 11222) tion, the entire group of applications, Regulations, is amended as follows: T imothy J. M ay, offers, options, or interests in options will 1. The introductory text of paragraph General Counsel. be rejected. (a) is amended to read: July 22,1968. (iii) If he files an offer for inclusion in the drawing procedures under (a) Not later than 90 days after the[P.R. Doc. 68-8904; Piled, July 24, 1968; 8:51 a.m.] § 3123.9, he shall be charged with the effective date of this order, each em­ acreage thereof only if his offer is suc­ ployee occupying a position designated cessfully drawn so that his offer has first in paragraph (c) of this section shall priority. If that offer causes him to ex­ submit to the head of his division, except Title 43— PUBLIC LANDS: ceed the acreage limitation, the offer will that the Head, Executive Office for U.S. be rejected. If he files at the same time a Marshals and the U.S. Marshals shall group of offers for tracts subject to the submit to the Deputy Attorney General, INTERIOR drawing procedures under § 3123.9, any a statement on a form made available Chapter II— Bureau of Land Manage­ offer which is successfully drawn after through the appropriate division admin­ he reaches the acreage limitation shall istrative officers, setting forth the fol­ ment, Department of the Interior lowing information: SUBCHAPTER C— MINERALS MANAGEMENT (iv) An optionee is chargeable only for 2. Paragraph (c) (2) is amended by (3000) that acreage for which the optionor is adding the positions of “Head, Executive {Circular 2245] chargeable. Office for U.S. Marshals” and “ U.S. Stewart L. Udali., Marshals” to the list in subdivision (i), PART 3120— OIL AND GAS Secretary of the Interior. and by deleting these same positions Subpart 3120— Oil and Gas; General July 19, 1968. from the list in subdivision (xv). A creage Limitations [F.R. Doc. 68-8838; FUed, July 24, 1968; Dated: July 20, 1968. This amendment Incorporates into the 8:46 am.] R amsey Clark, regulations the interpretation contained Attorney General. in Solicitor’s Opinion M-36670 (71 I.D. [P.R. Doc. 68-8876; Piled July 24, 1968; 337, Sept. 17, 1964). That opinion clari­ Title 47— TELECOMMUNICATION 8:49 am .] fied the provisions of 43 CFR 3120.1-2 as - to acreage charged against an offeror in Chapter I— Federal Communications determining whether he has complied Commission with acreage limitations imposed by statute. It held that an offeror is not [FCC 68-724] Title 39— POSTAL SERVICE chargeable with acreage embraced in an PART 1— PRACTICE AND PROCEDURE Chapter I— Post Office Department offer which is subject to drawing to determine priority; that once an offer Discovery Procedures PART 742— CODE OF ETHICAL has been succesfully drawn so that the 1 The Commission has given further CONDUCT offer has been given first priority, the msideration to the recently adopted acreage in that offer is included in the Conflicts of Interest seovery procedures (FCC 68-18, i acreage charged to the offeror’s account. CC 2d 185, 33 F.R. 460, Jan. 12, 1968), In § 742.735-26 Conflicts of interest This amendment also clarifies the regu­ ad has determined that they can be make the following amendments to make lations as to acreage under option, and as arified and improved. Amendments to the Department’s regulations regarding to “groups of applications” filed at the lose procedures are set forth below ana the holding of Stat or local offices by same time. re discussed below. postal employees conform to those of the Since all of the amendments are clari­ 2. Sections 1.315 and 1.316 have been mended to provide tti&t a party w Civil Service Commission. These changes fying in nature and place no additional

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, ' JULY 25, 1968 RULES AND REGULATIONS 10571 has served a notice to take depositions tail of the matters to be covered in an may respond to a motion opposing the son to be examined, and to the presiding amended answer, and may specify any officer. An original and three copies of taking of depositions or to a motion to appropriate procedural consequences limit or suppress an interrogatory. Since the notice shall be filed with the Secre­ which will follow from failure to make a tary of the Commission. Related plead­ the notice itself does not contain argu­ full and responsive answer. If a full and ment, the opportunity to respond is nec­ ings shall be served and filed in the same responsive answer is not then made, the manner. The notice shall contain the essary to accord both parties to the dis­ presiding officer may then issue a second following information: pute an opportunity to state their order invoking any of the procedural positions. These sections now also pro­ (1) The name and address of each consequences specified. This second person to be examined, if known, and if vide that additional pleadings will not order is subject to appeal. The changes be considered. the name is not known, a general de­ are designed to encourage parties to re­ scription sufficient to identify him or the 3. Under §§ 1.315 and 1.316, assolve discovery disputes informally particular class or group to which he amended, 7 days will be allowed for filing among themselves rather than calling belongs. all responsive pleadings and interroga­ upon the presiding officer to resolve (2) The time and place for taking the tories. In all but one case, this constitutes them, and to furnish the presiding offi­ deposition of each person to be examined, an increase in the pleading periods from cer, if he is called upon to resolve dis­ and the name or descriptive title and ad­ 5 days to 7. In the case of opposition mo­ putes, with such tools as he may need to dress of the officer before whom the tions under § 1.315, the pleading period require full and responsive answers. deposition is to be taken. has been reduced from 10 days to 7. Un­ 6. Authority for the amendments set (3) The matters upon which each der the amended rules, intermediate holi­ forth below is contained in sections 4 person will be examined. See § 1.319. days are included in computing the (i) and (j), 303(r), and 409 of the Com­ (b) Responsive pleadings. (1) Within number of days in which a responsive munications Act of 1934, as amended, 7 days after service of the notice to take pleading is due, and additional time is 47 U.S.C. 154'(i) and (j), 303(r), and 409. depositions, a motion opposing the taking not allowed in’ responding to a pleading Because the amendments relate to of depositions may be filed by any party served by mail. These principles were matters of procedure, the procedural and to the proceeding or by the person to be stated in paragraph 20 of the report and effective date provisions of section 4 of examined. See § 1.319(a). order adopting the discovery rules (FCC the Administrative Procedure Act, 5 (2) Within 14 days after service of 68-18, supra), but were not then set out U.S.C. 553, are inapplicable. The the notice to take depositions, a response in the text of the rules. We appreciate amended procedures shall apply to pro­ to the opposition motion may be filed by that the filing periods are still brief but ceedings under §§ 1.315, 1.316, and 1.323 any party to the proceeding. we expect them to be adequate. Counsel in which notices to take depositions, or (3) Additional pleadings should not be can often help make them so by making interrogatories, are served on or after filed and will not be considered. service by delivery rather than by mail or July 25, 1968. (4) The computation of time provi­ by notifying opposing counsel that a In view of the foregoing: It is ordered, sions set forth in-| 1.4(g) shall not apply pleading is being filed. Effective July 25, 1968, that the dis­ to pleadings filed under the provisions 4. Sections 1.315 and 1.316 have also covery procedures are amended as set of this paragraph. been amended to clarify the situation forth below. (c) Protective order. On an opposition where a motion opposing the taking of Adopted: July 17,1968. motion filed under paragraph (b) of this a deposition has not been acted on prior section, or on his own motion, the pre­ to the date for taking depositions speci­ Released: July 22,1968. siding officer may issue a protective fied in the notice. The amended rules (Secs. 4, 303, 409, 48 Statr. as amended 1066, order. See § 1.313. A protective order provide that the depositions described in 1082, 1096; 47 U.S.C. 154, 303, 409) issued by the presiding officer on his own the notice shall not be taken until the motion may be issued at any time prior presiding officer has acted on any op­ F ederal Communications to the date specified in the notice for the position motion that has been filed. If Commission, taking of. depositions. in acting on such a motion the presiding [ seal] B en F. W aple, (d) Authority to take depositions. (1) officer authorizes the taking of deposl- Secretary. If an opposition motion is not filed within tions, he may specify a time, place, or Part I of Chapter I of Title 47 of the 7 days after service of the notice to take officer for taking them different from Code of Federal Regulations is amended depositions, and if the presiding officer that specified in the notice. Under as follows: does not on his own motion issue a pro­ s§ 1.315(c) and 1.316(e), as amended, 1. In § 1:4, paragraph (g) is revised to tective order prior to the time specified the presiding officer may, on his own read as follows: in the notice for the taking of deposi­ motion, issue a protective order at any tions, the depositions described in the time prior to the date specified in the § 1.4 Computation of time. notice may be taken. An order for the notice for the taking of depositions. * * * * * taking of depositions is not required. 5. Procedures in § 1.323 governing in­ (g) Where service of a document is re­ (2) If an opposition motion is filed terrogatories to parties have been re­ quired by statute or by the provisions of the depositions described in the notice vised. The changes are based on a revi­ this chapter, where the document is in shall not be taken until the presiding sion of Rule 33 of the Federal Rules of fact served by mail (see § 1.47(f)), and officer has acted on that motion. If the VnSuProcedure Pr°P°sed in November where the filing period for a response presiding officer authorizes the taking of 1967 by the Committee on Rules of Prac­ thereto is 10 days or less, an additional 3 depositions, he may specify a time, place tice and Procedure of the Judicial Con- days, excluding holidays, will be allowed or officer for taking them different from xerence of the United States. Under the for filing the response. This paragraph that specified in the notice to take new procedures, the party upon whom shall not apply to documents which are depositions. tne interrogatories are served either filed pursuant to the provisions of (3) If the presiding officer issues a pro­ answers or objects (with reasons) to § 1.89, § 1.120(d), § 1.315(b), or § 1.316. tective order, the depositions described each of them within 14 days. If the par- ***** in the notice may be taken (if at all) only ties are satisfied with the information m accordance with the provisions of that obtained, they will not pursue the matter 2. Section 1.315 is revised to read as order. follows: iurther and any objections will not be 3. Section 1.316 is revised to read as ^ n‘ If any Party is not satisfied § 1.315 Depositions upon oral examina­ follows: with the information obtained, he may tion— notice and preliminary proce­ me a motion to compel an answer, which dure. § 1.316 Depositions upon written inter- rogatories notice and preliminary may be directed to an objection, a failure (a) Notice. A party to a hearing pro­ procedure. to answer, or to an evasive or incomplete ceeding desiring to take the deposition of answer. The presiding officer may order (a) Service of interrogatories; notice. any person upon oral examination shall A party to the hearing proceeding desir­ ?nat an answer or an amended answer give a minimum of 21 days notice in oe served, may specify the scope and de­ ing to take the deposition of any person writing to every other party, to the per­ upon written interrogatories shall serve

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25 1968 10572 RULES AND REGULATIONS ♦ •the interrogatories upon every other (2) If an opposition motion is filed,. ,were served may file a response within parly and shall give a minimum of 35 the depositions described in the notice 7 days after the motion is filed, to which days notice in writing 'to every other shall not be taken until the presiding he may append an answer or an amended party and to the person to be examined. officer has acted on that motion. If the answer. Additional pleadings should not An original and three copies of the in­ presiding officer authorizes the taking of be submitted and will not be considered. terrogatories and the notice (and of all depositions, he may specify a time, place (d) Action by the presiding officer. If related pleadings) shall be filed with the or officer for taking them different from the presiding officer determines that an Secretary of the Commission. A copy of that specified in the notice to take objection is not justified, he shall order the interrogatories and the notice (and depositions. that the answer be served. If an inter­ of all related pleadings) shall be served (3) If the presiding officer issues a rogatory has not «been answered, the on the presiding officer. The notice shall protective order, the depositions de­ presiding officer may rule that the right contain the following information: scribed in the notice may be taken (if at to object has been waived and may order (1) The name and address of each all) only in accordance with the provi­ that an answer be served. If an answer person to be examined, if known, and if sions of that order. does not comply fully with the require­ ments of this section, the presiding offi­ the name is not known, a general descrip­ No te : The computation of time provisions tion sufficient to identify him or the of § 1.4 (g) shall not apply to interrogatories cer may order that an amended answer particular class or group to which he and pleadings filed under the provisions of be served, may specify the scope and de­ belongs. this section. tail of the matters to be covered by the (2) The time and place for taking the amended answer, and may specify any 4. Section 1.323 is revised to read asappropriate procedural consequences (in­ deposition of each person to be examined, follows: and the name or descriptive title and cluding adverse findings of fact and dis­ address of the officer before whom the § 1.323 Interrogatories to parties. missal with prejudice) which will follow deposition is to be taken. (a) Interrogatories. Any party may from the failure to make a full and re­ (3) The matters upon which each per­ serve upon any other party written inter­ sponsive answer. If a full and responsive son will be examined. See § 1.319. rogatories to be answered in writing by answer is not made, the preriding officer Ob) Additional interrogatories. Within the party served or, if the party served may issue an order invoking any of the 7 days after the filing and service of the is a public or private corporation or a procedural consequences specified in the original interrogatories, any other party partnership or association, by any officer order to compel an answer. to the proceeding may, in the same man­ or agent, who shall furnish such infor­ (e) Appeal. An order to compel an ner, file and serve additional interroga­ mation as is available to the party. A answer is not subject to appeal. An tories to be asked of the same witness at copy of the interrogatories shall be order invoking adverse procedural con­ the same time and place, with notice to served upon all parties to the proceeding. sequences may be appealed to the Review the witness of any additional matters An original and three copies of the inter­ Board under § 1.301. upon which he will be examined. rogatories, answers, and all related [F.R. Doc. 68-8889; Filed, July 24, 1968; (c) Cross interrogatories. Within 14 pleadings shall be filed with the Secre­ 8:50 a.m.] days after the filing and service of the tary of the Commission. A copy of the original interrogatories, any party to the interrogatories, answers and all related proceeding may, in the same manner, file pleadings shall be served on the presid­ and serve cross interrogatories, which ing officer. Title 49— TRANSPORTATION shall be limited to matters raised in (1) Except as otherwise provided in a the original or in the additional inter­ protective order, the number of inter­ Chapter X— Interstate Commerce rogatories. rogatories or sets of interrogatories is Commission (d) Responsive pleadings. (1) Within not limited. SUBCHAPTER- A— GENERAL RULES & 21 days after service of the original in­ (2) Except as provided in such an terrogatories, any party to the proceed­ REGULATIONS order, interrogatories may be served [Ex Parte Nos. MO-5, 159] ing may move to limit or suppress any after a deposition has been taken, and original, additional or cross interroga­ a deposition may be sought after inter­ PART 1043— SURETY BONDS AND tory, and the person to be examined may rogatories have been answered. POLICIES OF INSURANCE file a motion opposing the taking of dep­ (b) Answers and objections. Each in­ ositions. See § 1.319(a). terrogatory shall be answered separately PART 1084— SURETY BONDS AND (2) Within 28 days after service of and fully in writing under oath or affir­ PODGES OF INSURANCE the original interrogatories, a response to mation, fihless it is objected to, in which a motion to limit Or suppress any inter­ event the reasons for objection shall be Security for the Protection of the rogatory or to a motion opposing the stated in lieu of an answer. The answers Public taking of depositions may be filed by any shall be signed by the person making party to the proceeding. At a session of the Interstate Com­ them, and the objections by the attorney merce Commission, the Insurance Board, (3) Additional pleadings should not be making them. The party upon whom the filed and will not be considered. held at Its office in Washington, D.C., on interrogatories were served shall serve the 12th day of July 1968. (e) Protective order. On a motion to a copy of the answers and objections limit or suppress or an opposition motion upon all parties to the proceeding within Ex Parte No. MC-5, in the matter of filed under paragraph (d) of this section, 14 days after service of the interroga­ security for the protection of the public or on his own motion, the. presiding offi­ tories, or within such shorter or longer as provided in Part II of the Interstate cer may issue a protective order. See period as the presiding officer may allow. Commerce Act, and of rules and regula­ § 1.313. A protective order issued by the Answers may be used in the same manner tions governing filing of surety bonds, presiding officer on his own motion may as depositions of a party (see § 1.321(d)). certificates of insurance, qualifications as be issued at any time prior to the date (c) Motion to compel an answer. Any a self-insurer, or other securities and specified in the notice for the taking of party to the proceeding may, within 7 agreements by motor carriers and depositions. days, move for an order with respect to brokers subject to Part n of the Inter­ (f) Authority to take depositions. (1) any objection or other failure to answer state Commerce Act. If an opposition motion is not filed within an interrogatory. For purposes of this Ex Parte No. 159, in the matter of 21 days after service of the notice to take paragraph, an evasive or incomplete an­ security for the protection of the public depositions, and if the presiding officer swer is a failure to answer; and if the as provided in Part IV of the Interstate does not on his own motion issue a pro­ motion is based on the assertion that the Commerce Act, and of rules and regula­ tective order prior to the time specified answer is evasive or incomplete, it shall tions governing filing and approval of in the notice for the taking of deposi­ contain a statement as to the scope and surety bonds, policies of insurance, quali­ tions, the depositions described in the detail of an answer which would be con­ fications as a self-insurer, or other secu­ notice may be taken. An order for the sidered responsive and complete. The rities and agreements by freight for­ taking of depositions is not required. parly upon whom the interrogatories warders subject to Part IV of the Act.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 RULES AND REGULATIONS 10573

It appearing, that notice was given by scribed to become effective on January 1, (3) The conservation officer in charge notice of proposed rule making, dated 1969; may restrict the number of hunters en­ May 8, 1968, published in 33 F.R. 7120, And it is further ordered, That notice tering any one area. If required by the May 14, 1968, pursuant to section 4(a) of this order shall be given to the gen­ firing schedule, hunters will be cleared of the Administrative Procedure Act (60 eral public by depositing a copy thereof from all areas whereon their safety is Stat. 237, 5 U.S.C. 1003) of the proposed in the Office of the Secretary of the Com­ endangered. amendment of § 1043.2(b) of Part 1043 mission for inspection, and by filing a The provisions of this special regula­ (49 C.F.R. 1043.2(b) ) of the Code of Fed­ copy with the Director, Office of the tion supplement the regulations which eral Regulations governing the filing of Federal Register. govern hunting on wildlife refuge areas insurance or other security for the pro­ generally which are set forth in Title 50, tection of the public, under the authority By the Commission, Insurance Board. Code of Federal Regulations, Part 32, contained in section 215 of the Interstate [ sealI H. Neil G arson, and are effective through December 1, Commerce Act (49 Stat. 557, as amended; Secretary. 1968. 49 U.S.C. 315), and the proposed amend­ John H. K iger, ment of § 1084.3(a) of Part 1084 (49 [F.R. Doc. 68-8884; Filed, July 24, 1968; 8:49 am.] Acting Refuge Manager, San C.F.R. 1084.3(a) ) of the Code of Federal Andres National Wildlife Ref­ Regulations governing the filing of in­ uge, Las Cruces, N. Mex. surance or other security for the protec­ tion of the public, under the authority Title 50— WILDLIFE AND J une 26, 1968. contained in section 403(c) of the Inter­ [F.R. Doc. 68-8860; Filed, July 24, 1968; state Commerce Act (56 Stat. 285; 49 8:48 am .] U.S.C. 1003) ; FISHERIES It further appearing, that no written Chapter I— Bureau of Sport Fisheries statements of facts, opinions or argu­ and Wildlife, Fish and Wildlife PART 32— HUNTING ments concerning the herein proposed Service, Department of the Interior amendments were filed with the Com­ Ouray National Wildlife Refuge, Utah mission by interested parties within 30 PART 32— HUNTING The following special regulation is is­ days from the publication date: sued and is effective on date of publica­ It is ordered, That § 1043.2(b) of Title San Andres National Wildlife Refuge, tion in the F ederal R egister. 49 of the Code of Federal Regulations be, N. Mex. and it is hereby, amended to read as § 32.32 ^Special regulations; big game; The following special regulation is for individual wildlife refuge areas.. follows: issued and is effective on date of publi­ Utah § 1043.2 Insurance, minimum amounts.. cation in the F ederal R egister. ***** § 32.32 Special regulations; big game; OURAY NATIONAL WILDLIFE REFUGE (b) Motor common carriers; cargo for individual wildlife refuge areas. Public hunting of deer and antelope is liability. Security required to compensate New M exico permitted on the Ouray National Wildlife shippers or consignees for loss of or Refuge, Utah, for the 1968 archery and damage to property belonging to ship­ SAN ANDRES NATIONAL WILDLIFE REFUGE rifle, seasons except in those areas desig­ pers or consignees and coming into the Public hunting of deer (either sex) on nated by signs as closed to hunting. This possession of motor common carriers in the San Andres National Wildlife Ref­ open area, comprising 9,500 acres, is de­ connection with their transportation uge, N. Mex., is permitted from Novem­ lineated on maps available at refuge service, (1) for loss of or damage to ber 30 through December 1, 1968, inclu­ headquarters, Vernal, Utah, and from the property carried on any one motor sive, only on the area designated by signs Regional Director, Bureau of Sport Fish­ vehicle—$2,500; (2) for loss of or damage as open to hunting. This area, compris­ eries and Wildlife, Post Office Box 1306, to or aggregate of losses or damages of or ing 57,215 acres, is delineated on maps Albuquerque, N. Mex. 87103. Archery deer to property occùrring at any one time available at refuge headquarters, Las season is August 24 through September and place—$5,000. " Cruces, N. Mex., and from the Regional 8, 1968, inclusive. Rifle deer season is (Sec. 215, 49 Stat. 557, as amended; 49 U.S.C. Director, Bureau of Sport Fisheries and October 19 through October 29, 1968, 315) Wildlife, Post Office Box 1306, Albu­ inclusive. Rifle season for antelope is querque, N. Mex. 87103. Hunting shall be August 17, 18, 19, and 24, 25, 26, 1968. It is further ordered, That § 1084.3(a) in accordance with all applicable State Hunting shall be in accordance with all of Title 49 of the Code of Federal Regu­ regulations covering the hunting of deer, applicable State regulations covering the lations be, and it is hereby, amended to subject to the following special condi­ hunting of deer and antelope subject to read as follows: tions: the following special conditions: § 1084.3 Limits o f liability. (1) Hunters must check in and out in (1) Hunting on Indian lands east of * * * * * person at the check station at the junc­ Green River, as posted, requires the pos­ tion of U.S. 70 and Jornada road. The session of a Ute Tribal Permit. (a) Cargo. Limits for loss of or dam­ (2) Every deer or antelope killed must age to property with respect to which a check station will be open to allow hunters to start checking in during the be checked out at refuge subheadquarters freight forwarder performs service sub­ before hunters leave the area. ject to Part IV of the Act: afternoon of November 29, 1968. Time of (1) For loss of or damage to property entry to the hunting area will be at the The provisions of this special regula­ while carried on or resting in any one discretion of the conservation officer in tion supplement the regulations which govern hunting on wildlife refuge areas conveyance, other than a watercraft— charge. Any entry permits required by $2,500. the military authorities will be avail­ generally which are set forth in Title 50, (2) For loss of or damage to or aggre­ able at the check station. All hunters Code of Federal Regulations, Part 32, must check out no later than 10 p.m, and are effective through October 29, gate of losses of or damages to property 1968. occurring at any one time and place, or December 1, 1968. while carried on or resting in any one (2) No entry into the hunting area H. J. Johnson, watercraft—$5,000. from the west will be permitted north of Refuge Manager, Ouray Na­ tional Wildlife Refuge, Ver­ ***** the Rope Springs road. Hunters will also not be permitted to enter the east side nal, Utah. (Sec. 403(c), 56 Stat. 285; 49 U.S.C. 1003) of the San Andres Range except at the J uly 18, 1968. It is further ordered, That the rules discretion of the conservation officer in IF.R. Doc. 68-8861; Filed, July 24, 1968; herein prescribed, are hereby pre- charge. 8:48 a.m.]

No. 144—Pt. I- FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10574 Proposed Rule Making

§ 604.1 Applicability. (b) The Chairman shall preside at all conference sessions and meetings called The provisions of this part apply to DEPARTMENT OF THE INTERIOR by him. proceedings under section 10(c) (2), (4), (c) The conference shall be conducted Federal Water Pollution Control and (5) of the Federal Water Pollution Administration in an informal but orderly manner in Control Act, as amended (79 Stat. 908; accordance with this part. Questions of [ 18 CFR Part 604 ] 33 U.S.C. 466g(c) (2), (4), and (5)). procedures during a conference shall be § 604.2 Definitions. determined by the Chairman. STANDARD-SETTING CONFERENCES, (d) The Federal Water Pollution Con­ HEARINGS (a) “Act” means the Federal Water Pollution Control Act, as amended (33 trol Administration in the Department Notice of Proposed Rule Making U.S.G. 466 et seq.). of. the Interior shall provide such cleri­ (b) '“Chairman” means the Chairman cal and technical assistance as may be Notice is hereby given that the Sec­ appointed by the Secretary to conduct necessary. retary of the Interior to amend Chapter the conference pursuant to section (e) The Chairman shall maintain and V of Title 18, Code of Federal Regula­ 10(c) (2) of the Act (33 U.S.C. have custody of all official records and tions, by adding a new Part 604, as set 466g(c)(2)). documents pertaining to the conference forth below, applicable to water quality (c) “Department” means the Depart­ and shall perform such other duties re­ standards-setting conferences, public ment of the Interior. lated to the functioning of the confer­ hearings, notices and hearings pursuant ence as may be necessary. to section 10(c) of the Federal Water (d) “Secretary” means the Secretary of the Interior. (f) The Chairman shall execute, is­ Pollution Control Act, as amended (33 sue or serve such notices, reports, com­ U.S.C. 466g). (e) “Commissioner” means Commis­ munications, and other documents relat­ Interested persons may submit written sioner of the Federal Water Pollution ing to the functions of the conference Control Administration in the Depart­ data, views, or arguments in triplicate as he may deem proper. in regard to the proposed regulations to ment of the Interior. the Secretary of the Interior, Washing­ (f) “Water Quality Standards” means § 604.5 Notice of conference. ton, D.C. 20240. All relative material re­ water quality criteria applicable to spe­ (a) The Secretary or the Commis­ ceived not later than 30 days after cific interstate waters and a plan for the sioner shall issue and serve notice of a publication of this notice will be consid­ implementation and enforcement of such conference as herein provided including ered. criteria, all of which shall be such as to the time and place of the conference. The regulations will become effective ' protect the public health or welfare, en­ (b) The notice of conference shall upon republication. hance the quality of water and serve the briefly describe the location and nature purposes of the Act, taking into con­ of the interstate waters to be covered by Sec. sideration the use and value of such 604.1 Applicability. waters for public water supplies, prop­ the conference. 604.2 Definitions. (c) The notice shall include the name 604.3 Initiation of proceedings for con­ agation of fish and wildlife, recrea­ tional purposes, and agricultural, in­ of the Chairman before whom the con­ ferences; appointment of Chair­ ference will be conducted upon a day and man. dustrial and other legitimate uses. 604.4 Organization and general procedures at a time and place specified not earlier (g) The definitions of terms contained than thirty (30) days after the service of the conference. in subsection 10 (j) and section 13 of the 604.6 Notice of conference. Act shall be applicable to such terms as of the notice. 604.6 Service. (d) Notice of the conference shall be 604.7 Publication of notice. used in this part unless the context otherwise requires. served on representatives of Federal de­ 604.8 Parties. partments and agencies, interstate agen­ 604.9 Presentation of material by the Fed­ § 604.3 Initiation of proceedings for cies, States, municipalities, and indus­ eral Water Pollution Control Ad­ conferences; appointment of Chair­ ministration of the Department of tries the Secretary or Commissioner has of the Interior. man. reason to believe are contributing to, af­ 604.10 Conference procedure. (a) In any case where the Secretary fected by, or have an interest in water 604.11 Record of proceedings. finds that the conditions precedent to his quality standards for the waters to be 604.12 Preparation, publication, and pro­ establishment or revision of water quality covered by the conference. mulgation of water quality stand­ standards exist, he will give notice of his ards; effective date; petition for § 604.6 Service. public hearing. intention to do so and call a conference 604.13 Initiation of proceedings for water in connection therewith. He may fix the Notice of the conference may be served quality public hearings; appoint­ time and place of such conference in his by mailing a copy thereof to each person, ment of Hearing Board. notice of intention to establish or revise department, or agency to be served at 604.14 Organization and general procedures water quality standards or he may au­ their residence, office or place of busi­ of the Hearing Board. thorize the Commissioner to do so. ness as ascertained by the Secretary or 604.15 Notice of hearing. (b) The Chairman of such conference Commissioner, as the case may be. Serv­ 604.16 Service. ice by mail is complete u p o n mailing. 604.17 Publication of notice. shall be the Secretary or the Commis­ 604.18 Parties. sioner of the Federal Water Pollution § 604.7 Publication of notice. 604.19 Presentation of standards and sup­ Control Administration in the Depart­ porting material by the Com­ Notice of the water quality standards- ment of the Interior or such other em­ setting conference shall be published in missioner. ployee of that Administration as the thè F ederal R egister at least thirty (30) 604.20 Hearing procedure. Secretary may appoint. 604.21 Record of proceedings. davs prior to the conference. 604.22 Oral argument. § 604.4 Organization and general pro­ 604.23 Final findings and recommendations. cedures o f the conference. § 604.8 Parties. 604.24 Notification of alleged violators of (a) The parties to a conference shall water quality standards. y (a) The Chairman shall convene the include the persons, departments, ana conference and schedule such other Auth ority : The provisions of this Part 604 meetings as may be necessary, including agencies specified in § 604.5(d). issued under sec. 10, 70 Stat. 506, as amended; meetings for the settlement or simplifi­ (b) The Chairman shall have all the 33 U.S.C. 4661. Interpret or apply sec. 10(c), rights of a party to the conference. 79 Stat. 908, 33 U.S.C. 466g(c). cation of issues.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10575

(c) Upon application and good cause the same shall be produced at the con­ place thereof, or authorize the Commis­ shown, the Chairman may permit any ference and physically be made part of sioner to do so. interested Federal departments and the record or shall be incorporated in (b) Prior to the hearing, the Secretary agencies, interstate agencies, States, the record by reference. will appoint a Hearing Board of five municipalities, industries, or other per­ (d) The Chairman may take official or more persons, as provided in the sons to appear at the conference and be notice of statutes of States and of duly Act, and will designate one of the mem­ admitted as parties to such extent and promulgated regulations of any Federal bers as chairman. A majority of the upon such terms as the Chairman shall agency. Hearing Board shall be persons other determine proper. (e) The Chairman shall submit to the than officers or employees of the Depart­ (d) Any party may appear in person or Secretary the verbatim transcript in­ ment. The Secretary may revoke ap­ by counsel. cluding all charts, tabulations, and pointment to the Hearing Board in the (e) The failure of any party to file an similar data which are part of the con­ event of disability of a member or for appearance or appear at the conference ference record. other cause, and may fill any vacancy in in response to the notice of conference § 604.12 Preparation, publication, and the membership of the Hearing Board, or shall not delay the conference and the in the office of Chairman. The Secretary Chairman shall proceed, hear, receive promulgation o f water quality stand­ ards ; effective date; petition for pub­ of Commerce, the Secretary of Health, statements, make determinations, and lic hearing. Education, and Welfare, other affected take other appropriate action affecting Federal departments and agencies, and such party. (a) Subsequent to submission of theeach State which would be affected by conference transcript and record, the § 604.9 Presentation o f material by the such standards shall each be given an Secretary shall prepare regulations set­ opportunity to select a member of the Federal Water Pollution Control Ad­ ting forth water quality standards for ministration of the Department o f the Hearing Board and shall further be giv­ Interior. interstate waters or portions thereof en an opportunity to select another per­ which were covered by the conference. son to fill any vacancy resulting from the The Commissioner shall arrange for Such regulations shall be published as the presentation of material concerning resignation or revocation of appointment part of a notice of proposed rule making of any member originally so selected. the quality of waters to be covered by the in the Federal R egister. conference, the uses, both existing and After- publication of such regulations § 604.14 Organization and general pro­ potential, of such waters, the criteria and notice of proposed rule making, in­ cedures o f the Hearing Board. necessary to protect such uses, the person terested persons may submit written or persons, if any, contributing or dis­ (a) The Chairman shall convene the data, views, or arguments in triplicate Hearing Board for hearing sessions and charging any matter affecting the quality in regard to the regulations setting forth for such other meetings as may be of such waters, and remedial measureSj water quality standards to the Secretary necessary. if any, recommended by the Federal Wa­ of the Interior, Washington, D.C. 20240. ter Pollution Control Administration. (b) The Chairman shall preside at all All relevant material received not later hearing sessions and meetings of the § 604.10 Conference procedure. than 150 days after such publication will Hearing Board. In case of the Absence be considered. (a) Persons making statements need or incapacity of the Chairman, the Hear­ (c) If, within 6 months from the date ing Board may elect from its members not be sworn or make affirmation. Each the Secretary publishes such regulations, party shall be given an opportunity to an acting chairman to preside and to the State has not adopted water quality perform the duties of the Chairman. make a statement concerning the water standards found by the Secretary to be quality standards for the waters cov­ consistent with section 10(c) (3) of the (c) The hearing shall be conducted in ered by the conference, an opportunity Act, or a petition for public hearing has an informal but orderly manner in ac­ after all parties have been heard to make not been filed under section 10(c) (4) of cordance with this part. A quorum of the a further statement which may include the Act and paragraph (d) of this sec­ Hearing Board for the purpose of the comments on or rebuttal of other par­ hearing shall consist of not less than ties’ views, and an opportunity to make tion, the Secretary shall promulgate wa­ ter quality standards by publication five members. Questions of procedure recommendation for water quality during a hearing shall be determined by thereof in the F ederal R egister. Such standards in either his first or subsequent the Chairman. Rulings of the Chairman statement. water quality standards shall be effective thirty (30) days after such publication may be appealed to the Hearing Board. (b) When necessary, in order to pre­ unless a petition for public hearing has (d) The Hearing Board shall have the vent undue prolongation of the confer­ been first filed under section 10(c) (4) of power to ride upon offers of proof and ence, the Chairman may limit the the admissibility of evidence, to receive number of times any party may make a the Act and paragraph (d) of this section. (d) At any time prior to thirty (30) relevant evidence, to examine witnesses statement and may direct that further and parties, to regulate the course of the statements be made in writing. days after water quality standards have been promulgated under paragraph (c) hearing, to change the time and place (c) The Chairman shall exclude irrel­ of this section, the Governor of any of the hearing or any of its sessions upon evant, immaterial, or unduly repetitious reasonable notice to the parties, and to material. State affected by such standards may petition the Secretary for a public hear­ hold conferences for the settlement or § 604.11 Record of proceedings. ing under section 10(c) (4) of the Act. A simplification of issues. (a) Statements given and other pro­ petition for a public hearing need not (e) The Commissioner shall provide cedures of a formal conference shall be observe any fixed form, but it must be for the Hearing Board such clerical and reported'verbatim. A transcript of such in writing directed to the Secretary and technical assistance as may be necessary. report shall be a part of the record state that the petitioning Governor de­ . (f) The Hearing Board shall designate and the sole official transcript of > the sires the Secretary to call a public hear­ an executive secretary, from personnel proceedings. ing with respect to water quality stand­ provided by the Commissioner, who shall (b) All statements, charts, tabula- ards under section 10(c) (4) of the Act, maintain and have custody of all official tions, and other data shall be received identifying the interstate waters with records and other documents pertaining in the record. If a party to a proceeding respect to which such hearing is to be to the functions of the Hearing Board, section objects to the admissi- called. and shall perform such other duties re­ such material, the objection lated to its functions as the Hearing § 604.13 Initiation o f proceedings for Board may prescribe. snail be noted and the Chairman shall water quality public hearings; ap­ have a right to rule thereon. pointment o f Hearing Board. (g) The Hearing Board may authorize (c) When the statement refers to a the Chairman and the executive secre­ (a) In any case where the Secretarytary on its behalf to execute, issue or statute, or a report or document, the finds that the conditions precedent to the Chairman shall, after satisfying himself serve such notices, reports, communica­ calling of a water quality public hearing tions, and other documents relating to 01 J re ldentification of such statute, re­ under the Act exist, he will call such a port, or document, determine whether the functions of the Hearing Board as it hearing, and may either fix the time and may deem proper.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10576 PROPOSED RULE MAKING

§ 604.15 Notice o f hearing. § 604.20 Hearing procedure. the Secretary shall cause their publica­ tion in the Federal R egister. (a) The Secretary or Commissioner (a) Each witness shall, before testify­ shall issue and serve notice of hearing as ing, be sworn or make affirmation. § 604.24 Notification of alleged violators herein provided. (b) When necessary, in order to pre­ o f water quality standards. (b) The notice of hearing shall briefly vent undue prolongation of the hearing, The Secretary shall notify those per­ describe the location and nature of the the Hearing Board may limit the number sons responsible for the discharge of interstate waters to be covered by the of times any witness may testify, the rep­ matter into interstate waters or portions hearing and the water quality regula­ etitious examination or cross-examina­ thereof which is not in compliance with tions therefor, if any, prepared pursuant tion of witnesses or the amount of cor­ the water quality standards established to section 10(c) (2) of the Act. roborative or cumulative testimony. under section 10 of the Act (whether the (c) The notice shall include the names (c) The Hearing Board shall exclude matter causing or contributing to such of the persons constituting the Hearing irrelevant, immaterial, or unduly repeti­ violation is discharged directly into such Board before whom the hearing will be tious evidence. waters or reaches such waters after dis­ held and shall designate a day, a time (d) Every party shall have the right to charge into tributaries of such waters) and place therefor not earlier than thirty present evidence and cross-examine and other interested parties of the al­ (30) days after the service of the notice. witnesses. leged violation of such standards. In all (d) Notice of the hearing shall be such notices, the Secretary shall desig­ served on representatives of Federal de­ § 604.21 Record of proceedings. nate a time when and place where any partments and agencies, interstate agen­ (a) Testimony given and other pro­ person receiving such notice may appear cies, States, municipalities, and indus­ ceedings had at a hearing shall be re­ before and participate in an informal tries the Secretary or Commissioner has ported verbatim. A transcript of such re­ hearing before the Secretary, his desig­ reason to believe are contributing to, port shall be a part of the record and nee, or such Board as he may appoint affected by, or have an interest in water the sole official transcript of the pro­ relative to the alleged violation of quality standards for the waters to be ceedings. standards so that, if possible, there can covered by the hearing. (b) All written statements, charts, be voluntary agreement reached as to appropriate remedial action. § 60 4.16 Service. tabulations, and similar data offered in evidence at the hearing shall, upon a Dated: July 19, 1968. Notice of the hearing and other docu­ showing satisfactory to the Hearing ments relating to the function of the Board of their authenticity, relevancy, S tewart L. Udall, hearing may be served by mailing a copy and materiality, be received in evidence Secretary of the Interior. thereof to each person, department, or and shall constitute a part of the record. [F.R. Doc. 68-8837; Filed, July 24, 1968; agency to be served at their residence, (c) Where the testimony of a witness 8:45 a.m.] office or place of business as ascertained refers to a statute, or a report or docu­ by the Secretary or Commissioner, as ment, the Hearing Board shall, after sat­ the case may be. Service by mail is com­ isfying itself of the identification of such plete upon mailing. statute, report, or document, determine DEPARTMENT OF AGRICULTURE § 604.17 Publication of notice. whether the same shall be produced at Consumer and Marketing Service Notice of the public hearing shall be the hearing and physically be made a part of the record or shall be incorpo-' published in the F ederal R egister at [ 7 CFR Part 993 ] rated in the record by reference. least thirty (30) days prior to the DRIED PRUNES PRODUCED IN hearing. (d) The Hearing Board may take of­ ficial notice of statutes of the United CALIFORNIA § 604.18 Parties. States or of any State and of duly pro­ Notice of Proposed Suspension or (a) The parties to a hearing shall in­ mulgated regulations of any Federal clude the persons and agencies specified agency. Termination of Certain Provisions in § 604.15(d). (e) The Hearing Board may take offi­ Pursuant to the applicable provisions (b) The Commissioner shall have .all cial notice of a material fact not appear­ of the Agricultural Marketing Agreement the rights of a party to the hearing. ing in the evidence in the record, but Act of 1937, as amended (7 U.S.C. 601- (c) Upon application and good cause any party, prior to the conclusion of the 674), and the marketing agreement, as shown, the Hearing Board may permit hearing, shall be afforded an opportunity amended, and Order No. 993, as amended any interested person or agency to appear to show the contrary. (7 CFR Part 993), regulating the han­ before it and be admitted as a party to § 604.22 Oral argument. dling of dried primes produced in Califor­ such extent and upon such terms as nia (hereinafter referred to collectively the Hearing Board shall determine Oral argument may be permitted in as the “order” ) , effective under said act, proper. the discretion of the Hearing Board, and notice is hereby given of a proposal to (d) Any party may appear in person shall be reported as part of the record suspend the operation of certain pro­ unless otherwise ordered by the Hearing or by counsel. visions in § 993.49(c) of the order. Notice Board: (e) The failure of any party to file is also given of a proposal to terminate an appearance or appear at the hearing § 604.23 Final findings and recommen­ certain rules and regulations operative in response to the notice of hearing shall dations. pursuant to the aforesaid provisions of not delay the hearing and the Hearing (a) The Hearing Board shall make its § 993.49(c). These provisions reduir® Board may proceed, hear and receive final findings, conclusions, and recom­ handlers receiving lots of primes with evidence and take other appropriate ac­ mendations, if any, based on the evi­ certain defects (i.e., mold, imbedded tion affecting such party. dence presented at the hearing, and sub­ dirt, insect infestation, and decay) m mit the same to the Secretary. excess of such maximum percentage as § 604.19 Presentation of standards and shall be prescribed to dispose of such supporting material by the Commis­ (b) Upon submission of such findings, lots in their entirety in nonhuman con­ conclusions, and recommendations, the sioner. sumption outlets. Section 993.149(d) (1) The Commissioner shall arrange for Hearing Board shall be terminated and all records pertaining to its functions of the administrative rules and regula­ the presentation of the regulations, if tions (Subpart—Administrative Rules any, prepared by the Secretary and transferred to the custody of the Com­ setting forth the standards of water missioner. and Regulations; 7 CFR 993.101-993.174) quality for the waters covered by the (c) A copy of the findings, conclusions, fixes such percentage at 50 percent. The hearing, and such other material as he and recommendations, if any, of the proposals were recommended by the Hearing Board shall be served on all par­ deems relevant to the issues in the Committee, established under the order. hearing. ties to the hearing by the Secretary and

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10577

During the 7-year period beginning during official hours of business (7 CPR not consistently and effectively detect with the 1961-62 crop year, the number 1.27(b)). sexual odor unless it is pronounced. This of lots subject to said provisions of Dated: July 19, 1968. is partially because of the nature of § 993.49(c) that were received by handlers slaughtering departments and the prev­ and required to be disposed of by them J ohn C. B lum, alence of strong odors from many sources has ranged from two to nine. In the cur­ Deputy Administrator, that greatly interfere with the inspector’s rent 1967-68 crop year, handlers have Regulatory Programs. sense of smell. This is particularly true in received nine lots totaling 12.1 tons. It [F.R. Doc. 68-8874; Filed, July 24, 1968; establishments slaughtering large num­ is unduly expensive and administratively 8:49 a.m.] bers of boars. burdensome to keep these lots under Although the test revealed that sexual surveillance, and such a requirement odor does exist in some sow meat, the poses a difficult compliance problem. [ 9 CFR Part 311 1 odor was not usually pronounced. It is Were it not for the aforesaid provisions believed this rather minor problem can in § 993.49(c), the lots could have been MEAT INSPECTION be handled under the "provisions of dealt with the same as other incoming § 311.21(a) of existing Meat Inspection lots with defects in excess of tolerances Disposition of Swine Carcasses With Regulations and the proposed § 311.21 therefor, but not in excess of the 50 per­ Sexual Odor (c). The main problem appears to be cent maximum; namely, to dispose of Notice is hereby given in accordance with meat from boars and cryptorchids. the required quantity of defective prunes The proposed amendments would con­ in nonhuman consumption outlets. Ac­ with administrative procedure provisions in 5 U.S.C. 553 that the Department of tinue the requirement of condemnation cording to the data and information of meat from any swine found to have a submitted by the Committee with the Agriculture, pursuant to the authority conferred by the Federal Meat Inspec­ pronounced sexual odor and would limit proposals, the mandatory prescription, the use of other meat from boars and pursuant to § 993.49(c) , of a maximum tion Act (34 Stat. 1260, 21 U.S.C. 71-91, as amended by Public Law 90-201), pro­ cryptorchids to comminuted meat food percentage of defective prunes in lots poses to amend § 311.21 of the Meat In­ products and rendering. Meat from other received by handlers that would require spection Regulations (9 CFR 311.21), swine found to have a sexual odor that disposition of such lots in their entirety is less than pronounced would be re­ in nonhuman consumption outlets is not relating to the disposition of swine car­ casses with a sexual odor, in the follow­ quired to be used in comminuted product now necessary to effectuate the declared ing respects: or rendered. This would provide a needed policy of the act. The present paragraph (b) would be measure of assurance that meat products In the light of the foregoing, the Com­ deleted and new paragraphs (b) and from swine entering the Nation’s meat mittee has proposed the suspension be­ (c) would read as follows: supply would be free of a detectable ginning with the 1968-69 crop year of the sexual odor, thus removing this stigma operation of the relevant provisons in § 311.21 Sexual odor of swine; disposi­ from the image of pork and pork § 993.49(c) relating to the mandatory tion o f carcasses. products. prescription of a maximum percentage * * ' * * * Any person who wishes to submit writ­ for defects. The Committee also proposed (b) The meat from all boars and ten data, views, or arguments concerning that, in the event said suspension be­ cryptorchids, not condemned under para­ the proposed amendments may do so by comes effective; § 993.149(d) (1) of the graph (a) of this section, may be passed filing them, in duplicate, with the Hear­ administrative rules and regulations be for use in comminuted cooked meat food ing Clerk, U.S. Department of Agricul­ terminated effective at the same time. product or for rendering. Otherwise, ture, Washington, D.C. 20250, within 60 The proposals are: such meat shall be condemned. days after the date of publication of this 1. To suspend for the 1968-69 crop (c) The meat from swine, other than notice in the F ederal R egister. All writ­ year and subsequent crop years the boars and cryptorchids, which gives off ten submissions made pursuant to this operation of the following provision in a sexual odor less than pronounced may notice will be made available for public the first sentence of § 993.49(c) : be passed for use in comminuted cooked inspection at such times and places and meat food product or for rendering. in a manner convenient to public busi­ Provided, That the Committee, by its Otherwise, such meat shall be con­ ness (7 CFR 1.27(b) ). rules and regulations, shall prescribe demned; a maximum percentage of such defects in Done at Washington, D.C., this 19th Statement of considerations. Prevent­ day of July 1968. any lot received by a handler; and any ing adulteration of the meat supply is a lot so received which contains a greater prime function of the consumer protec­ H. M. S teinmetz, percentage of such defects shall be dis­ tive services of the Department of Agri­ Acting Deputy Administrator, posed of in its entirety in nonhuman culture under the Federal Meat Inspec­ Consumer Protection, consumption outlets. tion Act. Animal tissues containing ob­ [F.R. Doc. 68-8873; Filed, July 24, 1968; 2. To suspend for the 1968-69 crop jectionable or foreign odors are deemed 8:49 a.m.] year and subsequent crop years the unfit for human food, and, therefore, operation of the following provision in adulterated under the Act. the third sentence of § 993.49(c): “(in­ As a result of continuing consumer cluding the prescription of a m aximum complaints regarding sexual odor in pork, DEPARTMENT OF HEALTH, EDU­ percentage) ”, a test was set up to obtain appropriate 3. To terminate § 993.149(d) (1) of the data. Three hundred and twenty samples CATION, AND WELFARE administrative rules and regulations of pork were examined. These samples (Subpart—Administrative Rules and were obtained from 124 boars, 103 sows, Food and Drug Administration Regulations) effective at the beginning and 93 cryptorchids slaughtered in '[ 21 CFR Part 18 1 of the 1968-69 crop year. various areas of the country. Meat from All persons who desire to submit over 75 percent of the boars and 50 per­ IMITATION MILKS AND CREAMS written data, views, or arguments in cent of the cryptorchids was found to contain the undesirable odor. Meat from Extension of Time for Filing Comments connection with the aforesaid proposal on Proposed Standards of Identity should file the same in quadruplicate only about 20 percent of the sows was with the Hearing Clerk, U.S. Department found to contain the odor. and Quality of Agriculture, Room 112, Administra- ' The present regulations provide au­ The notice published in the F ederal tion Building, Washington, D.C. 20250, thority to condemn carcasses with pro­ R egister of May 18, 1968 (33 F.R. 7456), not later than August 8,1968. All written nounced sexual odor and to pass car­ proposing the establishment of stand­ submissions made pursuant to this notice casses for use in cooked comminuted ards of identity and standards of quality product or rendering when the odor is for imitation milks and creams, provided will be made available for public inspec­ less than pronounced. However, experi­ tion at the office of the Hearing Clerk for the filing of comments thereon within ence has proven that an inspector can­ 60 days of said publication date.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10578 PROPOSED RULE MAKING

The Commissioner of Food and Drugs tion Regulations. One of these regulatory 135 of the Federal Aviation Regulations has received requests for an extension of problems is the handling of large air­ as follows: such time from the American Academy craft operated under the exemption au­ 1. By amending § 43.3(f) to read as of Pediatrics Committee on Nutrition thority of Part 298 of the economic regu­ follows: and others and, good reasons therefor lations of the Civil Aeronautics Board. § 43.3 Persons authorized to perform appearing, the time for filing comments Section 135.1 provides that these aircraft maintenance, preventive mainte­ on the subject proposal is extended to are subject to Part 135. However, that nance, rebuilding, and alterations. October 15, 1968. part is not suitable for operations with ♦ * * * * large aircraft and the FAA has required, This action is taken pursuant to the (f) An air carrier may perform main­ provisions of the Federal Food, Drug, through operations specifications, that these aircraft be operated in accordance tenance, preventive maintenance, and and Cosmetic Act (secs. 401, 701, 52 Stat. alterations as provided in Part 121, 127, 1046, 1055, as amended 70 Stat. 919, 72 with portions of Part 121. In Notice 67-9, it was suggested that a direct regulatory or 135 of this chapter, as applicable. Stat. 948; 21 U.S.C. 341, 371) and under * * * * * authority delegated to the Commissioner requirement might be established to (21 CFR 2.120). place these large aircraft under the ap­ 2. By amending § 43.7(e) to read as propriate provisions of Part 121. Thé follows: Dated: July 16, 1968. comments on this portion of Notice 67-9 § 43.7 Persons authorized to approve J. K. K irk, can best be characterized as qualified aircraft, airframes, aircraft engines, Associate Commissioner concurrences with this course of action. propellers, and appliances for return for Compliance. Therefore, the FAA is proposing to to service after maintenance, preven­ [F.R. Doc. 68-8901; Filed, July 24, 1968; amend Part 135 by adding a new § 135.2 tive maintenance, rebuilding, or 8:51 a.m.] to require that persons operating large alteration. aircraft in air taxi operations comply * * * * * with the operating rules of Part 121 that (e) An air carrier may approve an air­ are applicable to supplemental air car­ craft, airframe, aircraft engine, pro­ DEPARTMENT OF riers. The operator would also have to peller, or appliance for return to service meet the certification requirements con­ as provided in Part 121, 127, or 135 of TRANSPORTATION tained in Subpart C of Part 121 which this chapter, as applicable. would include submission of the infor­ Federal Aviation Administration mation required by § 121.47(b). The op­ 4: 4c 4c * * [1 4 CFR Parts 43, 91, 135 1 erator would not be issued a Part 121 § 91.161 [Amended] certificate, but would be required to ob­ ' [Docket No. 9026; Notice 68-16] 3. By amending § 91.161(b) by delet­ tain appropriate operations specifications ing the words “under Part 121 or 127” AIR TAXI OPERATIONS WITH LARGE issued as provided in Part 121. Those and inserting the words “as provided in AIRCRAFT operators of large aircraft under Part Part 121, 127, or 135” in place thereof. 135 who engage in scheduled operations 4. By adding a new section after § 135.1 Notice of Proposed Rule Making would be required to conduct their op­ to read as follows: erations in accordance with operations The Federal Aviation Administration specifications and the regulations of § 135.2 Air taxi operations with large is considering amending Parts 43, 91, Part 121 applicable to domestic air aircraft. and 135 of the Federal Aviation Regula­ (a) No person may conduct air taxi tions to require air taxi operators using carriers. In addition, the FAA believes that operations in large aircraft under the large aircraft to comply with the rules exemption authority of Part 298 of this of Part 121 that are applicable to do­ large aircraft involved in air carrier type operations should be maintained in ac­ title unless that person— mestic or supplemental air carriers and (1) Has complied with the certifica­ to give these air taxi operators the same cordance with a continuous airworthi­ ness program as required for Part 121 tion requirements for supplemental air maintenance privileges that those air carriers as set forth in Part 121 of this carriers presently have under Parts 43 certificate holders. Compliance with the domestic or supplemental air carrier chapter, except that he need not obtain, and 91. rules will require establishment of such nor is he eligible for, a certificate under Interested persons are invited to par­ a program but the operator must also Part 121 of this chapter; and ticipate in the making of the proposed have maintenance privileges similar to (2) Conducts those operations in ac­ rule by submitting such written data, those granted to Part 121 certificate cordance with the rules of Part 121 of views, or arguments as they may desire. holders. For this reason §§ 43.3, 43.7, and this chapter that are applicable to sup­ Communications should identify the 91.161(b) are amended to include air plemental air carriers, or, in the case of regulatory dockqt or notice number and carriers under Part 135, i.e., air taxi op­ scheduled operations, the rules applicable be submitted in duplicate to: Federal erators. In conjunction with these to domestic air carriers, and in accord­ Aviation Administration, Office of the changes, new § 135.2 would permit only ance with appropriate operations speci­ General Counsel, Attention. Rules the air taxi operators of large aircraft fications issued as provided in those Docket GC-24, 800 Independence Avenue to utilize these new maintenance privi­ rules. For the purposes of this subpara­ SW., Washington, D.C. 20590. All com­ leges. These operators would also be per­ graph, scheduled operations are those munications received on or before Octo­ mitted to maintain their small aircraft operations conducted with the frequency ber 23, 1968, will be considered by the under the same continuous airworthi­ set forth in § 121.7 of this chapter. Adm inistrator before taking action on ness program although this would not be (b) The holder of an air taxi certif­ the proposed rule. The proposals con­ icate who is required to have a con­ tained in this notice may be changed in required. tinuous airworthiness program under the light of comments received. All com­ The FAA is interested in opinions as subparagraph (a) (2) of this section, may ments submitted will be available, both to the desirability of the proposed course also maintain its small aircraft in ac­ before and after the closing date for of action. However, to obtain the full cordance with that program. comments, in the Rules Docket for ex­ benefit of comments on the proposals, (c) Operations that are subject to amination by interested persons. supporting statements and data, where paragraph (a) of this section aie no On March 17, 1967, the FAA issued an subject to Subparts B through E of this advance notice of proposed rule making available, are solicited to justify conclu­ (Notice 67-9, 32 F.R. 4500, Mar. 24,1967) sions! If particular sections of Part 121 P These amendments are proposed under requesting public comment on possible present problems, these should be the authority of sections 313(a), 601,604, solutions to a number of regulatory prob­ identified and discussed. and 605 of the Federal Aviation Act oi 1958 (49 U.S.C. 1354(a), 1421, 1424, lems involving persons who operate air­ In consideration of the foregoing, it 1425). craft under Part 135 of the Federal Avia- is proposed to amend Parts 43, 91, and

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10579 Issued in Washington, D.C., on July an increase in the basic radius circle 114 CFR Parts 71, 75 ] 18, 1968. from 7 to 11 miles as turbojet type air­ R. S. Sliff, craft have begun using this airport. [Airspace Docket No. 68-EA-28] Acting Director, Flight Standards Service. These amendments are proposed under JET ROUTES AND HIGH ALTITUDE the authority of section 307(a) of the REPORTING POINTS [F.R. Doc. "68-8854; Filed, July 24, 1968; Federal Aviation Act of 1958 (49 U.S.C 8:47 a.m.] 1348(a)). Proposed Alterations and Issued in East Point, Ga., on July 15, Establishment 1968. I 14 CFR Part 71 ] The Federal Aviation Administration James G. R ogers, (FAA) is considering amendments to [ Airspace Docket No. 68-SO-52] Director, Southern Region. Parts 71 and 75 of the Federal Aviation CONTROL ZONE AND TRANSITION [F.R. Doc. 68-8855; Filed, July 24, 1968; Regulations which would alter several 8:47 a.m.] jet routes and high altitude reporting AREA points in the northeast portion of the Proposed Alteration United States. The proposals contained 114 CFR Part 71 ] herein constitute one of four notices of The Federal Aviation Administration proposed rule making designed to in­ is considering amendments to Part 71 of [Airspace Docket No. 68-WA-14] crease the traffic handling capacity of the Federal Aviation Regulations that FEDERAL AIRWAY SEGMENT the high altitude structure in this area. would alter the Tuscaloosa, Ala., con­ The three other notices of proposed rule trol zone and transition area. Proposed Designation making are being processed in Airspace Interested persons may submit such Docket Nos. 68-EA-34, 68-EA-50, and written data, views, or arguments as they The Federal Aviation Administration 68-EA-52. may desire. Communications should be is considering a proposal received from the Canadian Department of Transport Within the past 4 years, the amount submitted in triplicate to the Area Man­ of high altitude traffic operating within ager, Memphis Area Office, Attention; for the designation of the Ü.S. portion of VOR Federal airway No. 34 south al­ the northeast portion of the United Chief, Air Traffic Branch, Federal Avia­ States has more than tripled. In order to tion Administration, Post Office Box ternate segment from Kleinburg, Ontar­ io, Canada, to Rochester, N.Y., via the increase our capacity to accommodate 18097, Memphis, Tenn. 38118. All com­ this additional traffic, we are planning munications received within 30 days intersection of the Kleinburg 133° T (140° M) and Rochester 289° T <298° M) extensive jet route modifications. The after publication of this notice in the proposals are divided into four separate Federal R egister will be considered be­ radiais. The floor for the U.S. portion would be designated at 1,200 feet AGL. notices of proposed rule making since fore action is taken on the proposed the effective dates of most of the pro­ amendments. No hearing is contemplated This south alternate would provide a pri­ mary arrival airway for aircraft destined posed alterations would be determined at this time, but arrangements for in­ by the varied dates on which the asso­ formal conferences with Federal Avia­ to airports within the Toronto Terminal Area from the Rochester area. ciated navaid frequency changes can be tion Administration officials may be made. Also, separation of the many pro­ made by contacting the Chief, Air Traffic Interested persons may participate in posed alterations into separate groups Branch. Any data, views, or arguments the proposed rule making by submitting with different effective dates would re­ presented during such conferences must such written data, views, or arguments duce the requirement to use substitute also be submitted in writing in accord­ as they may desire. Communications routes. Some new jet routes would be ance with this notice in order to become should identify the airspace docket num­ designated, some existing jet route seg­ part of the record for consideration, The ber and be submitted in triplicate to the ments would be realigned, and others proposals contained in this notice may Director, Eastern Region, Attention: revoked. The route distances between be changed in the light of comments Chief, Air Traffic Division, Federal Avia­ terminal areas would be increased in received. tion Administration, JFK International some instances and decreased in others. The official docket will be available for Airport, Jamaica, N.Y. 11430. All com­ However, the most significant goal in examination by interested persons at the munications received within 30 days af­ these proposals is the restructure of the ■Southern Regional Office, Federal Avia­ ter publication of this notice in the jet route system so that more aircraft tion Administration, Room 724, 3400 F ederal R egister will be considered be­ can operate therein. Whipple Street, East Point, Ga. fore action is taken on the proposed In consideration of the foregoing, the The Tuscaloosa control zone described amendment. The proposal contained in following amendments to Parts 71 and m § 71.171 (33 F.R. 2058) would be re­ this notice may be changed in the light of 75 of the Federal Aviation Regulations designated as follows: comments received. are proposed. Within a 5-mile radius of Van De Graaff An official docket will be available for 1. Realignment of Jet Route No. 24 Airport (lat. 33®13'35" N., long. 87°36'36" examination by interested persons at the from Indianapolis, Ind., via Falmouth, W.); within 2 miles each side of the Tusca­ Ky„ to Charleston, W. Va. loosa VORTAC 061° radial, extending from Federal Aviation Administration, Office 2. Realignment of Jet Route No. 29 the 5-mile radius zone to 8 miles northeast of the General Counsel, Attention: Rules from Evansville, Ind., via intersection of of the VORTAC. Docket, 800 Independence Avenue SW., Evansville 051° T (048° M) and Rose­ The Tuscaloosa transition area de­ Washington, D.C. 20590. An informal wood, Ohio, 230° T (231° M) radials; Rosewood; Cleveland, Ohio; Jamestown, scribed in § 71.181 (33 F.R. 2137) would docket also will be available for exam­ be redesignated as follows: N.Y.; to Syracuse, N.Y. ination at the office of the Regional Air That airspace extending upward from 700 3. Realignment of Jet Route No. 39 ieet above the surface within an 11-mile Traffic Division Chief. from Louisville, Ky„ to Rosewood, Ohio. radius of Van De Graaff Airport (lat. This amendment is proposed under the 4. Realignment of Jet Route No. 43 33°13'35" N., long. 87°36'36" W.). authority of section 307(a) of the Fed­ from Knoxville, Tenn., via Falmouth, eral Aviation Act of 1958 (49 U.S.C. 1348). Ky.; Rosewood, Ohio; to Salem, Mich. The alteration o f the current instru­ 5. Realignment of Jet Route No. 82 ment approach procedure requires an Issued in Washington, D.C., on July 17, from Cleveland, Ohio, via Jamestown, extension to the control zone to provide 1968. N.Y., to Albany, N.Y. requird airspace protection for IFR air­ H. B. H elstrom, 6. Extension of Jet Route No. 134 from craft executing this approach. Chief, Airspace and Air St. Louis, Mo., via Falmouth, Ky.; in­ Traffic Rules Division. Current transition area criteria appro­ tersection of Falmouth 085° T (085° M) priate to Van De Graaff Airport requires [F.R. Doc. 68-8856; Filed, July 24, 1968; and Front Royal 264° T (270° M) radials; 8:47 a.m.] to Front Royal, Va.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10580 PROPOSED RULE MAKING

7. Designation of a new Jet Route No. [ 14 CFR Parts 71, 75 ] 6. Realignment of Jet Route No. 518 from Salem, Mich., via intersection of 152 from Ellwood City, Pa., via intersec­ [Airspace Docket No. 68-EA-34] tion of Ellwood City 256° T (261° M) and Salem 117° T (120° M) and Ellwood City, and Front Royal 264° T (270° M) ralialsj Pa., 306° T (311° M) radials; Ellwood Rosewood; intersection of Rosewood 263’ JET ROUTES AND DOMESTIC HIGH City; to Westminster, Md. T (264° M) and Capital, HI., 091° T (087° ALTITUDE REPORTING POINTS 7. Realignment and extension of Jet Route No. 554 from Buffalo, N.Y., to M) radiais; to Capital. Proposed Alteration, Revocations, 8. Revocation of the domestic high Carleton, Mich. altitude reporting points at Lexington, and Designation 8. Realignment of Jet Route No. 586 Ky., and Dayton, Ohio. The Federal Aviation Administration from London, Ontario, Canada, to Carle- 9. Resignation of domestic high alti­ (FAA) is considering amendments to ton, Mich. tude reporting points at Falmouth, Ky., Parts 71 and 75 of the Federal Aviation 9. Designation of new Jet Route No. and Rosewood, Ohio. Regulations which would alter several 522 from Kleinburg, Ontario, Canada, The jet route modifications proposed jet routes and high altitude reporting via Hancock, N.Y.; to Huguenot, N.Y. points in the northeast portion of the 10. Revocation of Jet Route No. 90 herein would normally be used as from Northbrook, 111., to Windsor, On­ follows : United States, The proposals contained herein constitute one of four notices of tario, Canada. 1. Jet Route No. 24, as bidirection 11. Revocation of Jet Route No. 91 route. proposed rule making designed to in­ crease the traffic handling capacity of the from Cleveland, Ohio, to Windsor, On­ 2. Jet Route No. 29, as bidirection high altitude structure in this area. The tario, Canada. route. three other notices of proposed rule mak­ 12. Revocation of Jet Route No. 549 3. Jet Route No. 39, as bidirection ing are being processed in Airspace in its entirety. route. Docket Nos. 68-EA-28, 68-EA-50, and 13. Revocation of Jet Route No. 550 4. Jet Route No. 43, as bidirection 68-EA-52. in its entirety. Within the past 4 years, the amount of 14. Revocation of Erie, Pa., as a do­ route. mestic high altitude reporting point. 5. Jet Route No. 82, as bidfrection high altitude traffic operating within the northeast portion of the United States 15. Designation of Hancock, N.Y., route. Salem, Mich., Carleton, Mich., Putnam, eastbound has more than tripled. In order to in­ 6. Jet Route No. 134, as crease our capacity to accommodate this Conn., and Jamestown, N.Y., as do­ route for traffic landing Washington, additional traffic, we are planning exten­ mestic high altitude reporting points. D.C., and New York City terminal areas; sive jet route modifications. The propos­ The jet route modifications proposed as bidirection route for aircraft overfly­ als are divided into four separate notices herein would normally be used as follows: ing these terminals. of proposed rule making since the effec­ 1. Jet Route No. 53 as bidirection 7. Jet Route No. 152, as a westbound tive dates of most of the proposed altera­ route. route for departures out of Pittsburgh, tions would be determined by the varied 2. Jet Route No. 63 as southbound de­ Pa. dates on which the associated navaid fre­ parture route from Syracuse, N.Y., to the Interested persons may participate in quency changes can be made. Also, sep­ New York City terminal area. the proposed rule making by submitting aration of the many proposed alterations 3. Jet Route No. 68 as arrival and de­ such written data, views, or arguments into separate groups with different effec­ partures route from Bradley, Conn., as they may desire. Communications tive dates would reduce the requirement Westover, Mass., Providence, R.I., and should identify the airspace docket num­ to use substitute routes. Some new jet Otis AFB, Mass., and as westbound de­ ber and be submitted in triplicate to routes would be designated, some existing parture route from the Boston terminal the Director, Eastern Region, Attention: jet route segments would be realinged, area. Chief, Air Traffic Division, Federal Avia­ and others revoked. The route distances 4. Jet Route No. 70 as westbound de­ tion Administration, Federal Building, between terminal areas would be in­ parture route from the New York City John F. Kennedy International Airport, creased in some instances and decreased terminal area. Jamaica, N.Y. 11430. All communications in others. However, the most significant 5. Jet Route No. 85 as southeastbound received within 45 days after publication goal in these proposals is the restructure departure route from the Detroit, Mich., of this notice in the F ederal R egister of the jet route system so that more air­ terminal area. will be considered before action is taken craft can operate therein. 6. Jet Route No. 518 as southeastbound on the proposed amendments. The pro­ In consideration of the foregoing, departure route from the Detroit, Mich., posals contained in this notice may be the following amendments to Parts 71 terminal area en route Baltimore, Md., changed in the light of comments and 75 are proposed: and Washington, D.C. received. 1. Realignment of Jet Route No. 53 7. Jet Route No. 554 as eastbound An official docket will be available for from Pulaski, Va., via the intersection departure route from Detroit terminal examination by interested persons at the of Pulaski, 015° T (018° M) and Ellwood area en route Buffalo, N.Y.; Syracuse, Federal Aviation Administration, Office City, Pa., 177° T (182° M) radials; Ell­ N.Y.; Albany, N.Y.; and Boston, Mass. of the General Counsel, Attention: Rules wood City; to Kleinburg, Ontario, 8. Jet Route No. 586 as bidirection Docket, 800 Independence Avenue SW., Canada. Washington, D.C. 20590. An informal 2. Realignment of Jet Route No. 63 9. Jet Route No. 522 as southeastbound docket also will be available for examina­ from Huguenot, N.Y., via intersection of departure route from Toronto, Ontario, tion at the office of the Regional Air Huguenot 321° T (332° M) and Syra­ Canada, en route New' York City terminal Traffic Division Chief. cuse, N.Y., 149° T (160° M) radials to area. . ._ These amendments are proposed under Syracuse. Jet Route No. 90 is presently desig­ 3. Realignment and extension of Jet nated in part between Northbrook, Hi., the authority of section 307(a) of the and Windsor, Ontario, Canada, and is Federal Aviation Act of 1958 (49 U.S.C. Route No. 68 from Providence, R.I., via Putnam, Conn.; intersection of Putnam duplicated by Jet Route No; 584 between 1348). 293° T (307° M) and Hancock, N.Y., Northbrook and the vicinity of Litcn- Issued in Washington, D.C., on July 082° T (093° M) radials; Hancock; to field, Mich. The nonduplicated portion 18, 1968. Jamestown, N.Y. of Jet Route No. 90 between Litchfield J. F. B iron, 4. Realignment of Jet Rout No. 70 and Windsor is used extensively; how­ Acting Chief, Airspace and from Pullman, Mich., via Salem, Mich.; ever, by use of a combination of J -gg Air Traffic Rules Division. Jamestown, N.Y.; to Huguenot, N.Y. with the proposed realignments of J-oo* or J—586, route distance would be in­ [F .R . Doc. 68-8857; Filed, July 24, 1968; 5. Realignment of Jet Route No. 85 8:47 am .] from Cleveland, Ohio, to Salem, Mich. creased by only 2 miles and the Windsor

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10581

VOR could be removed from the high of this notice in the Federal R egister hibited contours in the standard broad­ altitude structure. Jet Route No. 90 is will be considered before action is taken cast service, Docket No. 16222. not required west of Litchfield since it on the proposed amendments. The pro­ 1. This proceeding was initiated by a is coexistent with Jet Route No. 584. posals contained in this notice may be notice of proposed rule making on Octo­ Jet Route Nos. 85 and 91 are presently changed in the light of comments ber 18, 1965. The deadlines for filing designated in part between Cleveland, received. comments and reply comments have been Ohio, and Windsor, Ontario, Canada. An official docket will be available for extended by subsequent orders from These routes are rarely used since most examination by interested persons at the dates early in 1966, to June 14, 1968, and aircraft along this routing would gen­ Federal Aviation Administration, Office July 16, 1968, respectively. erally be in a transition phase between of the General Counsel, Attention: Rules 2. A number of substantial comments the high and low altitude structures. The Docket, 800 Independence Avenue SW., were filed on or prior to June 14, 1968. fiscal year 1967 IFR peak day merely Washington, D.C. 20590. An informal On July 15,1968, The Association of Fed­ indicated five movements on Jet Route docket also will be available for exam­ eral Communications Consulting Engi­ No. 85 and zero movements on Jet Route ination at the office of the Regional Air neers (AFCCE), one of the parties to this No. 91. In order to provide a convenient Traffic Division Chief. proceeding, filed a petition requesting routing for traffic overflying Windsor, it These amendments are proposed under the time for filing reply comments be is proposed herein to realign Jet Route extended for a 60-day period. No. 85 from Cleveland-to Salem, Mich., the authority of section 307 (S) of the Federal Aviation Act of 1958 (49 U.S.C. 3. AFCCE states that while it does not for transition to Jet Route No. 70. 1348). intend to file reply comments, some of its Jet Route No. 549 (Erie, Pa., toward members have indicated their intention Kleinburg, Ontario, Canada) is pro­ Issued in Washington, D.C., on July of doing so, and the extension is sought posed for revocation since the fiscal year 18, 1968. in their behalf. The bulk and complexity 1967 IFR peak day survey indicated only J. F. B iron, of the various proposals contained in the one movement along this route. Further, Acting Chief, Airspace and comments make it desirable that addi­ the proposed realignment of Jet Route Air Traffic Rules Division. tional time be afforded for the prepara­ No. 53 would continue to provide a jet [F.R. Doc. 68-8858; Filed, July 24, 1968; tion of meaningful reply comments. route between the Pittsburgh, Pa., and 8:48 a.m.] 4. We find that the nature of the com­ Toronto, Ontario, Canada, areas. ments is such as to justify the petitioner’s Jet Route No. 550 is proposed for request, and that it would be in the revocation since the fiscal year 1967 IFR public interest to make available the peak day survey indicated zero move­ FEDERAL COMMUNICATIONS additional 60-day period which it seeks. ments along this route. 5. Accordingly, it is ordered, That the The Canadian Department of Trans­ COMMISSION time for filing reply comments in this port has concurred with the transborder proceeding is extended from July 16, route modifications proposed herein, and I 47 CFR Part 73 1 1968, to September 16, 1968. has agreed to effect corresponding modi­ [Docket No. 16222] 6. This action is taken pursuant to fications to the Canadian route structure authority found in sections 4(i), 5 (d) (1), if these proposals are adopted. STANDARD METHOD FOR CALCULAT­ and 303 (r) of the Communications Act Interested persons may participate in ING RADIATION IN STANDARD of 1934, as amended, and § 0.281(d) (8) of the proposed rule making by submitting BROADCAST SERVICE the Commission’s rules. such written data, views, or arguments Adopted: July 16, 1968. as they may desire. Communications Order Extending Time for Filing should identify the airspace docket num­ Reply Comments Released: July 17, 1968. ber and be submitted in triplicate to the In the matter of amendment of Part F ederal Communications Director, Eastern Region, Attention: Commission, Chief, Air Traffic Division, Federal Avia­ 73 of the Commission rules to specify, in lieu of the existing MEOV concept, a [seal] James O. Juntilla, tion Administration, Federal Building, Acting Chief, John F. Kennedy International Airport, standard method for calculating radia­ ^ Broadcast Bureau. Jamaica, N.Y. 11430. All communications tion for use in evaluating interference, [F.R. Doc. 68-8890; Filed, July 24, 1968; received within 45 days after publication coverage, and overlap of mutually pro- 8:50 a.m.]

No. 144—Pt. I— 4 FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY,. JULY 2 5 , 1968 10582 N otices

M ou nt D iablo Meridian If circumstances warrant, a public T. 20 N., R. 6 W., hearing will be held at a convenient time DEPARTMENT OF THE INTERIOR Sec. 16, EI/2NE14. and place, which will be announced. Bureau of Land Management The lands involved in the application The above-described area contains [S 1683] are: approximately 80 acres. Six th P rincipal M eridian CALIFORNIA Jesse H. Johnson, T. 1 N., R. 73 W., Acting Chief, sec. 4, sy2sy2sw % , ne 14sw%s e , sy2 Notice of Proposed Withdrawal and Lands Adjudication Section. SW&SE14; Reservation of Lands Sec. 7, lots 3 and 4, S^SE^NW 1/^, El/2 [FJl. Doc. 68-8862; Filed, July 24, 1968; July 19,1968. SW%,SE%; 8:48 a.m.] Sec. 8, Sy2NE%, S%; The Bureau of Reclamation, US. De­ sec. 9, wy2Ey2Nw%, w y2Nwy4, swy4, sy2 partment of the Interior, has filed an [Colorado 4390] N1/2SE14, sy2SE%; application, Serial No. S 1683, for the Sec. 10, N y2NE]4 NE ]4 less portion M.S. withdrawal of the lands described below, COLORADO 17356, s y 2N y2N E % , S&NE&, s y 2NEy4 from all forms of appropriation under NW 14SE 14NW 14, s y2; the public land laws including the mining Notice of Proposed Withdrawal and Sec. 11, less portion of M.S. 17359 Reservation of Lands and area to the north; laws (30 U.S.C., Ch. 2) and the mineral Sec. 15, Ni/2, N.y2SE%; leasing laws. July 18, 1968. Sec. 17, Ey> less portion M.S. 5879, Ey2 The applicant desires the land for the The Forest Service, U.S. Department NW]4, n e % s w %; operation and maintenance of the Orland Sec. 21 NE]4NE%, Sy2NE}4, s e %n w ^4; Project which adjoins the Stony Gorge of Agriculture, has, filed an applica­ Sec. 22, NW14, NW]4SWi4, NW%SE^, Sy2 Dam and Reservoir in Glenn County. The tion, Serial No. C-4390, for the with­ SE%; drawal of the lands described below, from Sec. 23 (Surface owned by University of area proposed for withdrawal will be prospecting, location, and entry under Colorado), sy2NE%sw%, swy2swy4 fully utilized for its fish and wildlife and SW%NW14SEV4, SW14SE14. water resource values. Its scenic and the general mining laws only, subject to recreation values will be preserved as, valid existing rights. The area described aggregates approxi­ much as possible. The applicant desires the lands for the mately 3,347.80 acres. Niwot Ridge Special Planning Area.- For a period of 30 days from the date J. Elliott Hall, of publication of this notice, all persons For a period of 30 days from the date Land Office Manager. who wish to submit comments, sug­ of publication of this notice, all persons gestions, or objections in connection with who wish to submit comments, sugges­ [F.R. Doc. 68-8863; Filed, July 24, 1968; the proposed withdrawal may present tions, or objections in connection with 8:48-a.m.] their views in writing to the undersigned the proposed withdrawal may present officer of the Bureau of Land Manage­ their views in writing to the undersigned [C-3898] ment, U.S. Department of the Interior, officer of the Bureau of Land Manage­ Room 4201, U.S. Courthouse and Federal ment, Department of the interior, Colo­ COLORADO rado Land Office, Room 15019, Federal Building, 650 Capitol Mall, Sacramento, Notice of Classification of Public Lands Calif. 95814. Building, 1961 Stout Street, Denver, The Department’s regulations (43 CFR Colo. 80202. for Multiple-Use Management 2311.1—3 (c)) provide that the authorized The Department’s regulations (43 Ju ly 19,1968. officer of the Bureau of Land Manage­ CFR 2311.1-3 (c)) provide that the au­ 1. Pursuant to the Act of September ment will undertake such investigations thorized officer of the Bureau of Land 19, 1964 (43 U.S.C. 1411-18) and to the as are necessary to determine the exist­ Management will undertake such investi­ regulations in 43 CFR Parts 2410 and ing and potential demand for the lands gations as are necessary to determine 2411, the public lands within the areas and their resources. He will also under­ the existing and potential demand for described below are hereby classified for take negotiations with the applicant the lands and their resources. He will also multiple-use management. Publication agency with the view of adjusting the undertake negotiations with the appli­ of this notice segregates all the public application to reduce the area to the cant agency with the view of adjusting lands described (a), from appropriation m inim um essential to meet the appli­ the application to reduce the area to the only under the agricultural land laws cant’s needs, to provide for the maximum minim um essential to meet the appli­ (43 U.S.C., Parts 7 and 9; 25 U.S.C. sec. concurrent utilization of the lands for cant’s needs, to provide for the maxi­ 334); Small Tract Act of June 1, 1938 purposes other than the applicant’s, and mum concurrent utilization of the lands as amended (43 U.S.C. 682 (a) and (b)), to »reach agreement on the concurrent for purposes other than the applicant’s, and (b) further segregates the landde- management of the lands and their to eliminate lands needed for purposes scribed in paragraph 3 of this notice resources. more- essential than the applicant’s, and from sale under section 2455 of the Re­ The authorized officer will also pre­ to reach agreement on the concurrent vised Statutes (43 U.S.C. 1171); and the pare a report for consideration by the management of the lands and their Public Land Sale Act of September 19» Secretary of the Interior who will deter­ resources. 1964 (43 U.S.C. 142i-27); and (c) fur­ mine whether or not the lands will be The authorized officer will also prepare ther segregates the land described in withdrawn as requested by the applicant a report for consideration by the Secre­ paragraph 4 of this notice from opera­ agency. tary of the Interior who will determine tion of the Recreation and Public Pur­ The determination of the Secretary on whether or not the lands will be with­ poses Act of June 14, 1926, as amended the application will be published in the drawn as requested by the applicant (43 U.S.C. 869; 869-1 to 869-4); and (d) Federal R egister. A separate notice will agency. further segregates the lands described in be sent to each interested party of record. The determination of the Secretary paragraph 5 of this notice from the op­ If circumstances warrant, a public on the application will be published in eration of the general mining laws (¿u hearing will be held at a convenient U.S.C. 21), and the Materials Act of time and place, which will be announced. the F ederal R egister. A separate notice will be sent to each interested party of July 31, 1947, as amended, but not from The lands involved in the application the mineral leasing laws. are: record.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10583

The lands shall remain open to.all Ute P rincipal M eridian, Colorado Sixth Principal M eridian, Colorado other applicable forms of apropriation MESA COUNTY including the mining and mineral leas­ MESA COUNTY T. 1 S„ R. 1 E., T. 12 S., R. 97 W„ ing laws; and exchanges under section Sec. 25; 8 of the Taylor Grazing Act of June 28, Sec. 35. Sec. 19, lot 7, Si4 SE&NWV4 . 1934 (48 Stat. 1272; 43 U.S.C. 3l5g). T. 1 S., R. 2 E., These lands aggregate 49.90 acres (in­ As- used herein, "public lands” means Sec. 1, Wy2 and that part of Ey2 lying cluded in total area shown in paragraph any lands withdrawn or reserved by Ex­ west of the high rim; 4). ecutive Order No. 6910 of November 26, Secs. 10 to 17, inclusive; Secs. 19 to 36, inclusive. For a period of 30 days from the date 1934, as amended, or within a grazing, of publication of this notice in the district established pursuant to the Act T. 2 S., R. 1 E., F ederal R egister, interested parties may of June 28, 1934 (48 Stat. 1269), as Secs. 1 to 5, inclusive; Sec. 6, portion of SE^4 east of Gunnison submit comments to the Secretary of the amended, which are not otherwise with­ River; Interior, LLM, T21, Washington, D.C. drawn or reserved for Federal use or Secs. 9 and 10; 20240 (43 CFR 2411.1-2(d)). purpose. Secs. 13 to 16, inclusive; 2. No protests or objections were re­ Secs. 23 to 27, inclusive; E. I. R owland, ceived following publication of a notice Secs. 35 and 36. State Director. of proposed classification (33 F.R. 7265- T. 2 S., R. 2 E„ Secs. 1 to 23, inclusive; [F.R. Doc. 68-8839; Filed, July 24, 1968; 7266) or at the public hearing held on Secs. 26 to 34, inclusive. 8:46 a.m.] June 13, 1968, at Grand Junction, Colo. T. 3 S„ R. 2 E„ The record showing the comments re­ Secs. 1 and 2; [Serial No. N-2573] ceived and other information is on file Secs. 4 to 30, inclusive; and can be examined in the Grand Junc­ Secs. 32 to 34, inclusive. NEVADA tion District Office, Grand Junction, Colo. Sixth P rincipal Meridian, Colorado The public lands affected by this classi­ Notice of Proposed Classification of fication are located within the following MESA COUNTY Public Lands for Transfer out of described area and are shgwn on a map T. 11 S., R. 97 W., Federal Ownership Sec. 30, lots 1 to 4r inclusive; designated by Serial No. C-3898 in the July 19, 1968. Grand Junction District Office, Bureau Sec. 31, lots 5 to 8, inclusive, E ^W 1^, and ' W1/2SE14. 1. Pursuant to.the Act of September of Land Management, Federal Building, T. 11 S., R. 98 W., 19, 1964 (43 U.S.C. 1412) it is proposed Fourth and Rood, Grand Junction, Colo. Sec. 13, SWi/4SWi4 that portion lying south to classify the public lands described in 81502 and at the Land Office, Bureau of of Rapid Creek Divide; paragraph 4 below for transfer out of Land Management, Room 15019, Fed­ Sec. 14, lot 4 that portion lying west of eral Building, 1961 Stout Street, Denver, Rapid Creek Divide; Federal ownership under the following Colo. 80202. Secs. 23 and 24, portion west of Rapid statute: Section 8 of the Taylor Grazing Creek Divide; Act (43 U.S.C. 315g). Ute Principal M eridian, Colorado Secs. 25 and 26; 2. Notice of this proposal has been sent MESA COUNTY Secs. 35 and 36. to Nevada State and local government T. 12 S„ R. 97 W„ T. 1 S., R. 1 E„ officials, State and District advisory Secs. 6 and 7; boards, range users, and other interested Sec. 22, lot 4; Secs. 18 and 19; Sec. 31, NE^SW ^. Sec. 30; parties. T. 1 S., R. 2 E., Secs. 32 to 34, inclusive. 3. Publication of this notice segregates Sec. 10, NEJ4NW54. T. 12 S., R. 98 W., the affected lands from all forms of dis­ T. 2 S„ R. 1 E„ Secs. 1 and 2; posal under the public land laws, includ­ Sec. 4, Ny2NE%. Secs. 11 to 14, inclusive; ing the general mining laws, except the T. 2 S., R. 2 E., Secs. 23 to 25, inclusive. form of disposal for which it is proposed Sec. 8, NE^NE^; T. 13 S., R. 97 W., to classify the lands. However, publica­ Sec. 9, Nwy4Nwy4. Secs. 4 to 9, inclusive; Secs. 16 to 21, inclusive; tion does not alter the applicability of The above areas aggregate approxi­ Secs. 28 to 31, inclusive. the public land laws governing the use mately 333.43 acres of public land. T. 13 S., R. 98 W., of the lands under lease, license, or per­ mit, or governing the disposal of their 3. As provided in paragraph 1(b) Sec. 1;. above, the following lands are further Secs. 11 to 14, inclusive; mineral and vegetative resources, other Secs. 23 to 26, inclusive; than under the general mining laws. segregated from sale under section 2455 Secs. 35 to 36. of the Revised Statutes and the Public 4. The public lands affected by this T. 13 S., R. 99 W., proposed classification are shown on a Land Sale Act of September 19,1964: Sec. 10, east of the Gunnison River; Sec. 11; map on file in the Carson City District Ute P rincipal M eridian, Colorado Sec. 14; Office, 801 North Plaza Street, Carson MESA COUNTY Sec. 15, east of the Gunnison River; City, Nev. The lands are located in T. 1 S., R. 1 w ., Sec. 22, east of the Gunnison River; Washoe County, Nev., and are described Sec. 36, lot 13. Sec. 23; as follows: Sec. 26, east of the Gunnison River; T. 1 S., R. 2 E., Sec. 27, east of the Gunnison River; M ount Diablo Meridian, Nevada Sec. 17, SEi^SW^; Sec. 35, east of the Gunnison River. T. 21 N„ R. 21 E„ Sec. 19, N y2 SE % • T. 14 S., R. 98 W., Sec. 24, all; T- 2 S., R. 1 E„ Sec. 8, east of the Gunnison River; Sec. 36, all. Sec. 2, N%; Sec. 18, east of the Gunnison River. T. 21 N., R. 22 E., Sec. 4, S%NW%, Ni/2SWi4; Sec. 12, all; Sec. 5, S^NE^, ©E%NW%; The area described in paragraph 4 Sec. 24, all; Sec. 6, lots 3, 4, 5, and SE^NW%. aggregates approximately 60,520 acres of Sec. 32^ all; T- 2 S., R. 1 w ., public lands. Sec. 34, all; Sec. 1, lot 1. The total area described above aggre­ Sec. 36, all. gates approximately ^61,679.78 acres of T. 22 N„ R. 22 E., The areas described aggregate ap­ public land. Sec. 36, all. proximately 826.35 acres of public lands. 5. As provided in paragraph 1(d) • The lands described above aggregate 4. As provided in paragraph 1(c) above, the following lands are further 5,120 acres. above, the following lands are further segregated from appropriation under the segregated from appropriation under the 5. For a period of 60 days from the mining laws and the Materials Act, as date of publication of this notice in the Recreation and Public Purposes Act: amended: F ederal R egister, all persons who wish

FEDERAL .REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10584 NOTICES to submit comments, objections, or sug­ Sec. 20, NE%NW%; tion may present their views in writing gestions in connection with the proposed, Sec. 21, Ny2Ni/2, SWi/4NE%, W y 2S E % ; to the District Manager, Bureau of Land classification may present their views in Sec. 22, Ni/2Ny2, SE%NEiA, SWI/4NWI/4, Management, Post Office Box AB, Price, NW%SW%; Utah 84501, or to the State Director, writing to the District Manager, Bureau Sec. 33, NW ^NW ^, Sy2SE^, NW%SE%. of Land Management, Carson City Dis­ Bureau of Land Management, Post T 17 S R 9 E Office Box 11505, Salt Lake City, Utah trict Office, 801 North Plaza Street, Car- Sec. 9, NW14SW14, SE14SW&; son City, Nev. 89701. Sec. 21, all; 84111. 5. Maps depicting these lands are on For the State Director. sec. 29, Nwy4swy4; Sec. 30, SW ^NE^, SE%SW%; file and may be -reviewed at the Bureau H orace E. Jones, Sec. 31, NW%NEy4, NEy4NW%. Sf Land Management District Office at District Manager. T. 18 S., R. 8 E., Price, Utah, and the State Office, Federal Sec. 1, NW^NEi^, NE^NW1^. NE>4SWy4; [F.R. Doc. 68-8905; Filed, July 24, 1968; Building, 125 South State Street, Salt Sec. 12, Ey2SEV4; Lake City, Utah 84111. 8:51 a.m.] Sec. 14, NE%NEi4; Sec. 19, NE%NE%; 6. A public hearing on the proposed classification will be held in the court­ [Serial No. 5496] Sec. 23, SE%SEi4; Sec. 24, NyaSW % ; room of the Emery County Courthouse, UTAH Sec. 26, NE%NE^; Castle Dale, Utah, on August 8, 1968, at Sec. 35, NEi/4, NE%NW%, N%SE%. 7:30 p.m. At this time statements in Notice of Proposed Classification of T. 18 S., R. 9 E., support of or in opposition to the pro­ Public Lands for Multiple-Use Man­ Sec. 6, NW ^SE^; posal may be presented. Sec. 7, NE%NEi/4, Ni/2SW}4, SE^SW ^. agement SW%SE%; R. D. Nielson, 1. Pursuant t» the Act of September 19, Sec. 9, SE14, Ei/2SW%? State Director. 1964 (78 Stat.'986; 43 U.S.C. 1411-18), Sec. 17, SE% N W % , Wy2SE% ; [F.R. Doc. 68-8841; Filed, July 24, 1968; Sec. 18, Ny2NE%, N W 14SW 14, SW ^SEiA; 8:46 a.m.] and to the regulations in Title 43 CFR Sec. 20, Wi£NW%, SEi4NW%, Wy NE%. Parts 2410 and 2411, it is proposed to 2 T. 19 S., R. 8 E., classify for multiple-use management Sec. 3, SE%SE%; [Wyoming 12668] the public lands within the area Sec. 11, SE%SE]4; described below. Publication of this Sec. 12, SW%SW%: WYOMING notice has the effect of segregating the sec. 15, s y 2s w % ; described lands from appropriation sec. 17, Nwy4Nwy4, Ey2swy4; Notice of Classification of Public Lands under the agricultural land laws (43 Sec. 27, w y 2NWi,4; for Multiple-Use Management Sec. 28, NEy4, E ^ N W % , SW>/4NWy4 , N E ^ U.S.C., Parts 7 and 9; 25 U.S.C. sec. 334) J uly 19,1968. and from sales under section 2455 of the s w y 4, NEy4SE]4 ; sec. 29, s y 2NEy4, Ny2SEy4, N E y4sw y4- Revised Statutes (43 U.S.C. 1171). The 1. Pursuant to the Act of September 19, lands shall remain open to all other ap­ The public lands proposed to be clas­ 1964 (43 U.S.C. 1411-18) and to the reg­ plicable forms of appropriation, includ­ sified for multiple-use management in ulations in 43 CFR Parts 2410 and 2411, ing the mining and mineral leasing laws, the area described aggregate approxi­ the public lands within tjie areas de­ except as described below. As used herein, mately 1,948,303 acres. scribed below, are hereby classified for “public lands” means any lands with­ 3. Publication of this notice also has multiple-use management. Publication drawn or reserved by Executive Order the effect of segregating the lands de­ of this notice segregates: (a) All the de­ No. 6910 of November 26, 1934, as scribed below from entry under the gen­ scribed lands from appropriation only amended, or within a grazing district eral mining laws and surface use and oc­ under the agricultural land laws (43 established pursuant to the Act of cupancy under the mineral leasing laws: U.S.C. Parts 7 and 9; 25 U.S.C. sec. 334) and from sales under section 2455 of the June 28, 1934 (43 Stat. 1269), as CLEVELAND LLOYD DINOSAUR QUARRY amended, which are not otherwise with­ Revised Statutes (43 U.S.C. 1171); (b) drawn or reserved for a Federal use or T. 17 S., R. 11 E., the public lands described in paragraph Sec. 21, SEy4SE%; 4 of this notice from appropriation under purpose. Sec. 28, NE^NEyi. the general mining laws (30 U.S.C. 21). 2. The lands proposed to be classified 80 acres. are those lands administered by the Except as provided in (a) and (b) above, Bureau of Land Management within the CEDAR MOUNTAIN RECREATION AREA the lands shall remain open to all other T. 1'9 S., R. 11 E., applicable forms of appropriation, in­ following described area, of Emery and cluding the mining and mineral leasing Sevier Counties, Utah: Sec. 13, NEy4NWy4, NW14NE14, Ey2NEy4, 265 acres.- laws. As used herein, “public lands” Salt L ake M eridian T. 19 S., R. 12 E„ means any lands withdrawn or reserved Beginning at a point where the Carbon- Sec. 18, lots 1, 2, and 3. by Executive Order 6910 of November 26, Emery County line intersects the Manti- SAN RAFAEL BRIDGE CAMPGROUND 1934, as amended, or within a grazing LaSal National Forest boundary at the north­ district established pursuant to the Act west comer of sec. 3, T. 16 S., R. 8 E.; thence T. 20 S., R. 11 E., of June 28, 1934 (48 Stat. 1269),^ as southwesterly along said forest boundary to sec. 14, Nwy4swy4; Sec. 15, NE^SE^. amended, which are not otherwise with­ the northwest corner of SW ^SE^, seQ. 24, drawn or reserved for a Federal use or T. 23 S., R. 4 E.; thence southeasterly along 80 acres. the district boundary common to the Bureau THE WEDGE RECREATION AREA purpose. of Land Management’s Price and Richfield 2. A public hearing on the proposed districts to the Emery-Wayne County line; T. 20 S., R. 11 E„ classification (33 F.R. 96) was held in thence east along said line to the Green Sec. 6, S%NEy4, SEy4NW%. Green River, Wyo., on June 26, 1968. River; thence northerly along said river to 120 acres. Comments were received from three in­ the Carbon-Emery County line; thence west LINI5 FLATS NATURAL AREA dividuals. Comments were of an inquiry along said line to the point of beginning; except the following described lands: T. 23 S., R. 9 E., nature. No opposition was received. . sec. 29, sy2NE%, s e %, Ey2swy4; 3. Public lands located within the T. 16 S., R. 9 E., Sec. 30, SE%NW y4, Ey2S W % ; following described areas are shown on Sec. 25, SE14NE14. sec. 31, wy2Nwy4, s^NEy4, s% . the Fremont, Sublette, and Sweetwater T. 16 S., R. 10 E., 792 acres. Sec. 9, Ny2; County Planning Unit Classification Sec. 10, Ni/2, Ni/2sy2, SE^SE1^; - Containing approximately 1,337 acres. Maps, which are on file in the District sec. 11, sy2Ny2, N&syt, sy^swyi. sw& 4. For a period of 60 days from , the Office, Bureau of Land Management, SE%; date of publication of this notice in the Rock Springs, Wyo.,, and the Land Office, Sec. 14, NWi4NE%, SE%NEi/4; F ederal R egister, all persons who wish Bureau of Land Management, Federal Sec. 15, s % s y2 , n % s w %, s y 2N w y4; Building, Cheyenne, Wyo. The general Sec. 17, SE^SWiA; to submit comments or suggestions in Sec. 19, SW>4SE%; connection with this proposed classifica­ description of the areas are as follows:

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY; JULY 25, 1968 NOTICES 10585

S i x t h P r i n c i p a l M e r i d i a n T. 29 N., R . 100 W., 5. The record showing testimony made Sec. 18, Sy SE%NW^, NW%NE^SW^, FREMONT COUNTY, WYO. 2 by members of the public attending the SWÎ4SW%NWÎ4, and NW^NW ^SW ^. All public lands within the following de­ T. 29 N., R. 101 W., hearing is on file and can be examined scribed area: Sec. 13, Sy2NE^NE% and Ny2N E % S W ^ ; in the Rock Springs District Office, Rock Beginning at the junction of Sublette- Sec. 14, SE 14NE V4, SW 1,4 NE 14 NE 1,4 , and Springs, Wyo., and the Land Office, Bu­ Fremont-Sweetwater County lines; thence NW % NE 14; reau of Land Management, Federal east to the proposed district boundary be­ Sec. 15,Ni/2NE%; Building, Cheyenne, Wyo. tween Lander and Bock Springs Grazing Sec. 19, NE 1,4 SE %; 6. For a period of 30 days from the Districts; thence northerly along the pro­ Sec. 29, NW 1,4 SE 1,4; ' ’ posed boundary between Lander and Rock Sec. 34, SW V i NE %. date of publication of this notice in the Springs Grazing Districts to the Shoshone T. 29 N., R. 102 W., Federal R egister, this classification National Forest boundary; thence north­ Sec. 5, lo t 4. shall be subject to the exercise of admin­ westerly along the Shoshone and Bridger T. 30 N., R. 102 W., istrative review and modification by the National Forest boundaries to the Fremont- Sec. 32, SW 14 SW 1,4 . Secretary of the Interior as provided for Sublette County line; thence south along in 43 CFR 2411.2c.. the Fremont-Sublette County line to the SUBLETTE COUNTY, WYO. point of beginning. Ed P ierson, T. 29 N., R. 103 W., State Director. S i x t h P r i n c i p a l M e r i d i a n Sec. 10, SE Y i SW %. T. 30 N., R. 103 W., [F.R. Doc. 68-8840; Filed, July 24, 1968; SUBLETTE COUNTY, WYO. Sec. 28, SW 14SW 14; 8:46 a.m.] All public lands within the following de­ Sec. 29, SE 14 SE 1,4; scribed area: - Sec. 32, SE14SE1/4. Beginning at a point along the Sublette T. 30 N., R. 104 W., and Lincoln County line, where the south Sec. 15, SW i4NW y4 . DEPARTMENT OF AGRICULTURE section line of. sec. 32, T. 27 N„ R. 112 W., SWEETWATER COUNTY, WYO. intersects the Green River; thence east Office of the Secretary along the Sublette County line to the junc­ T. 12 N., R. 103 W., tion of Sublette, Fremont, and Sweetwater Sec. 1, S E ^ N W % . CHICAGO MERCANTILE EXCHANGE Counties; thence north along the Sublette- T. 12 N., R . 104 W., Fremont County line to the Bridger Na­ Sec. 1, lo t 9. Designation as Contract Market for tional Forest boundary; thence westerly T. 13 N., R. 105 W., Frozen Skinned Hams Under Com­ along the Bridger National Forest boundary Seç. 18, lots 2, 3, 5, SE^4 o f lot 6, and lot 9; modity Exchange Act to the northwest corner of sec. 5, T. 30 N., Sec. 19, lot 9; R. 105 W.; thence southwesterly and westerly Sec. 30, SE 14 NW 14* Pursuant to the authorization and di­ along the existing proposed Pinedale and T. 13 N., R . 106 W., rection contained in the Commodity Ex­ Rock Springs Grazing District boundary to Sec. 15, NE 1,4 SW 1,4 ; change Act, as amended (7 U.S.C. 1-I7b), the Green River; thence south and south­ Sec. 23, sy 2NW^SE% and Ni/2S W % S E % ; I hereby designate the Chicago Mercan­ westerly along the Green River to the point Sec. 25, NE 1,4 . of beginning. T. 14 N., R . 100 W., tile Exchange, of Chicago, 111., as a con­ Sec. 1, SE i4N W % . tract market for frozen skinned hams S i x t h P r i n c i p a l M e r i d i a n T. 14 N., R. 107 W., effective on this date, as shown below. SWEETWATER COUNTY, WYO. Sec. 27, W i/2NEy4 and Ey2NWÎ4. The said exchange has applied for and T. 14 N., R. 109 W., All public lands within the following de­ has otherwise complied with the require­ Sec. 30, NWy4NEy4. ments imposed by the said act as a con­ scribed area, except those lands within Plan­ T. 14 N., R. I l l W., ning Units 0472, 0451, and 0471, as said Sec. 32, NE 14 NW 1,4 . dition precedent to such designation. planning units are delineated upon the T. 15 N., R. 100 W., This designation is subject to suspen­ maps previously referred to: Sec. 4, W y2N W % . sion or revocation in accordance with Beginning at the junction of the Sweet- T. 17 N., R. 107 W., the provisions of the said act. For the water-Uinta County line at the Wyoming- Sec. 24, N W ^ S E ^ . purpose of any such suspension or re­ Utah border; thence north along the Sweet- T. 18 N., R. 104 W., vocation, this designation and the or­ water-Uinta County line to the Sweetwater- Sec. 8 , SEy4 NEy4, SW^SE%, and NEÎ4 Lincoln County line; thence north along the NEy4. ders issued by the Secretary of Agricul­ Sweetwater-Lincoln County line to the T. 18 N „ R. 106 W., \ ture on September 11, 1936, August 22, Sweetwater-Sublette County line; thence east Sec. 2, NW 1,4SE 1,4 and SW 14NE 14/ 1955, and June 13, 1968, designating the along the Sweetwater-Sublette County line T. 18 N., R. 107 W., said exchange as a contract market for to the Sweetwater-Fremont County line; Sec. 18, lots 5 and 6 . the commodities specified in such orders, thence east along the Sweetwater-Fremont T. 19 N., R. 105 W., shall constitute a single designation. County line to the Rock Springs-Rawlins Sec. 18, SE 14SE^4 . District boundary; thence southerly along T. 19 N., R. 106 W., Issued this 19th day of July 1968. the Rock Springs-Rawlins District boundary Sec. 10, SE %. O rville L. Freeman, to the Wyoming- Colorado State line; thence T. 20 N., R. 106 W., west along the Wyoming-Colorado State line Sec. 12, N W % SW y4. Secretary. to the Wyoming-Utah border; thence west T. 21 N., R. 105 W., [F.R. Doc. 68-8911; Filed, July 24, 1968; along the Wyoming-Utah State line to the Sec. 32, SE % SE 14, SW 14 NE 14 SE 14, SE 14 8:52 a.m.] point of beginning. NW 14SÉ14, and NE % SW % SE 14. The total area of the public lands in­ T. 22 N., R. 103 W., Sec. 4, lo t 4. cluded within the purview of this notice T. 22 N., R. 105 W., of classification aggregates approxi­ Sec. 14. DEPARTMENT OF COMMERCE mately 3,821,095 acres. T. 22 N., R. 109 W., 4. As provided in paragraph 1 above, Sec. 20, lots 4, 5, and 6 , Ey2SEy4; National Bureau of Standards the following lands are further segre­ Sec. 28, S W 1^. NATIONAL BUREAU OF STANDARDS T. 23 N., R. 102 W., gated from appropriation under the RADIO STATIONS mining laws (aggregating approximate­ Sec. 1, w y4N W % ; ly 4,423 acres): Sec. 9, SEy4NE^4; sec. 11, SEy4Nwy4 . Notice of Standard Frequency and S i x t h P r i n c i p a l M e r i d i a n T. 23 N., R. 104 W., Time Broadcasts Sec. 21, NW^NE% and NE^NW1^. FREMONT COUNTY, WYO. T. 23 N., R. 105W., In accordance with National Bureau-of T. 27 N., R. 102 W., Sec. 13, N w y4sw y4. Standards policy of giving monthly Sec. 10, SW1/4NE14. T. 23 N., R. 108 W., notices regarding changes of phases in T. 28 N., R. 100 W., Sec. 19. seconds pulses, notice is hereby given Sec. 28, NW14NWI4 . T. 23 N., R. I l l W., that there will be no adjustment in the T. 28 N., R. 101 W., Sec. 17, portion north of river; Sec. 1, W^NWi4. phase of seconds pulses emitted from Sec. 18, portion north of river. radio station WWVB, Fort Collins, Colo.,

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10586 NOTICES on September 1, 1968. The carrier fre­ 1. Penicillin (as procaine penicillin) ; It also contains a provision that reserva­ quency of WWVB is 60 kHz and is broad­ or tions made prior to the effective date of cast without offset. These emissions are 2. Bacitracin (as bacitracin methyl­ the rule must be ticketed within 45 days made following the stepped atomic time ene disalicylate or zinc bacitracin) ; or after the effective date of the rule. These (SAT) system as coordinated by the 3. Penicillin plus bacitracin (as pro­ ticketing limitations would apply to all Bureau International de l’Heure (BIH). caine penicillin and bacitracin methyl­ bookings made by the three carriers and Notice is also hereby given that there ene disalicylate or zinc bacitracin) ; by travel agents; the agreement also pro­ will be no adjustments in the phases of vides certain ticketing procedures to be time pulses emitted from radio stations as an aid in the prevention of blackhead, followed by travel agents to assure proper WWV, Fort Collins, Colo, and WWVH, for prevention and control of coccidiosis, application of the rules. Maui, Hawaii, on September 1» 1968. and for growth promotion and feed The agreement differs in substance These pulses at present occur at intervals efficiency. from a similar agreement filed last year8 which are longer than 1 second by 300 Dated: July 16,1968. in that it applies to the Easter season in parts in 1010. This is due to the offset addition to the year-end holiday period J. K . K irk, maintained in the carrier frequencies of and makes minor changes in the reserva­ these stations following the universal Associate Commissioner for Compliance. tion and ticketing time limits.4 time (UTC) system as coordinated by For the same reason we approved last the BIH. [F.R. Doc. 68-8903; Filed, July 24, 1968; year’s agreement, the Board has deter­ A llen V. Astin, 8:51 a.m.] mined to approve the subject agreement Director. for this year’s year-end holiday season. [F.R. Doc. 68-8859; Filed, July 24, 1968; In our view the plan may help to alleviate 8:48 a.m.] the serious problem which the traveling CIVIL AERONAUTICS HOARD public has had in obtaining reservations [Docket No. 19485; Order 68-7-107] in the Florida market during this peak travel season. By establishing ticketing DEPARTMENT OF HEALTH, EDUCA­ EASTERN AIR LINES, INC., ET AL. time limits, the problem of multiple res­ ervations and large block holding of seats TION, AND WELFARE Order Regarding Reservations in East by travel agents should be reduced sub­ Food and Drug Administration Coast-Florida Market stantially and many more seats made Adopted by the Civil Aeronautics available for bona fide advance reserva­ CHEMAGRO CORP. Board at its office in Washington, D.C., tions. While we regard the prepayment element of this plan as undesirable in any Notice of Filing of Petition for Food on the 22d day of July 1968. Agreement adopted by Eastern Air normal situation, since it gives the car­ Additive Coumaphos Lines, Inc., National Airlines, Inc., and riers the free use of passenger funds for Pursuant to the prdvisions of the Fed­ Northeast Airlines, Inc., relating to reser­ extended periods, the peak period prob­ eral Food, Drug, and Cosmetic Act (sec. vations practices and procedures in the lem in these markets has been of such 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 East Coast-Florida Market, Docket 19485, magnitude that unusual action appears (b) (5)), notice is given that a petition Agreement CAB 20236. necessary to control the widespread has been filed by Chemagro Corp., Post An agreement has been filed with the abuses which have deprived the travel­ Office Box 4913, Kansas City, Mo. 64120, Board pursuant to section 412(a) of the ing public of the opportunity to obtain proposing that § 121.304 Coumaphos Federal Aviation Act of 1958 (the Act) advance reservations on flights where (0,0-diethyl 0-3-chloro-4-methyl-2- and Part 261 of the Board’s economic seats were ultimately available. We, oxo-2H-l-benzopyran-7-yl phosphoro- regulations, between Eastern Air Lines, therefore, do not find this agreement to thioate) be amended to provide for the Inc., National Airlines, Inc., and North­ be adverse to the public interest or in safe use of coumaphos in the feed of beef east Airlines, Inc., which provides for and dairy cattle for the treatment of ticketing time limits in certain East violation of the Act but will limit our infestations of the internal parasites Coast Markets1 in an effort to alleviate approval to the 1968-69 year-end holiday (gastrointestinal nematodes): Haemon- reservation problems during the peak season." In the interim we will expect the chus, Cooperia, Ostertagia, Nematoridus, year-end holiday and Easter periods.2 carriers to continue to explore other and Trichostrongylus species. Under the agreement the following means of resolving the peak period reser­ Dated: July 16, 1968. limits upon the time for ticketing and vation problem which will be less burden­ payment of the tariff fares would be ap­ some on persons who are not responsible J. K. K irk, plied to all reservations for transporta­ Associate Commissioner tion in these markets during peak travel for the present situation." We will also for Compliance. periods: expect tiie carriers to file in this docket [F.R. Doc. 68-8902; Filed, July 24, 1968; Reservations accepted detailed information on the operation of 8:51 a.m.] \before departure date Ticketing time limit the plan within 30 days after January 10, More than 8 weeks------4 weeks from book­ 1969, and show specifically how it re­ WHITMOYER LABORATORIES, INC. ing date. sulted in benefits to the public in terms Less than 8 weeks----- 2 weeks from book­ Notice of Filing of Petition for Food ing date. of the availability of advance reserva­ Additives Carbarsone (Not U.S.P.), Less than 4 weeks___ 1 week from booking tions, thé clearing of wait listed passen- date. Zoalene, Procaine Penicillin, Baci­ Less than 2 weeks___ 24 hours from book­ tracin Methylene Disalicylate, Zinc ing date. s Order E-25423, July 17, 1967. Bacitracin Less than 1 week------No later than 1 hour 4 Last year’s agreement was in terms of before departure. months and days, while this year’s is in Pursuant to the provisions of the Fed­ terms of weeks. The resulting time changes eral Food, Drug, and Cosmetic Act (sec. 1 Between Fort Lauderdale, Fort Myers, Key are not significant. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 West, Miami, Sarasota/Bradenton, Tampa/St. 6 See the following table: (b) (5)), notice is given that a petition Petersburg, and West Palm Beach, on the one Southbound Northbound has been filed by Whitmoyer Labora­ hand, and Baltimore, Boston, Hartford/ Dec. 15 through Dec. 30, 1968, tories, Inc., Myerstown, Pa. 17067, pro­ Springfield, New Haven, New York/Newark, 26,' 1968. through Jan. 10, Philadelphia, Providence, Washington, D.C., 1969. posing that the food additive regulations and Wilmington, on the other hand. (21 CFR Part 121, Subpart C) be 2 Southbound from Dec. 15, through Dec. 6 e.g. Consideration could be given to such amended to provide for the safe use in 26, 1968, and northbound from Dec. 30, 1968, possibilities as requiring advance payment of turkey feed of carbarsone (not U 5P.) through Jan. 10, 1969; Southbound, 1 week something less than the full tariff fares or and zoalene with certain combinations prior to Easter, and Northbound, Easter plus reasonable deposits which will not be re­ of: 2 weeks. funded after certain periods.

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10587 gers, and any periods when the carriers would not wait list passengers for travel In re applications of Rollins, Inc., New­ during the season. FEDERAL COMMUNICATIONS ark, Del., Docket No. 18164, File No. 20077-IB-15X; Jerrold-South Jersey The carriers have also agreed to ex­ COMMISSION T.V. Cable Corp., Mount Holly, N.J., tend ticketing time limits to travel dur­ Docket No. 18165, File No. 9538-IB-96X; ing the Easter season. However, no data [FCC 68-673] for construction permits for new Point- have been submitted demonstrating that FM STATION POWER to-Point Microwave stations. reservation problem of similarly serious In re applications of Rollins, Inc., proportions exists during this period. In Specifications Docket No. 18166, File Nos. BPCAR-2, view of the undesirable aspects of the BPCAR—3, BPCAR—4, BPCAR—5, for con­ June 27,1968. plan, we have concluded that the exten­ struction permits for new community sion of the agreement to apply ticketing Inquiries and comments have been antenna relay stations to serve a CATV time limits on Easter season travel received by the Commission indicating system at Wilmington, Del. should not be approved in the absence that some FM broadcasters are im­ Lower Bucks Cablevision, Inc., Penn- of data indicating a clear need for taking properly announcing authorized effective del Borough, Pa., Docket No. 18228, such unusual measures during that radiated power (ERP). While Commis­ SR-26815, request for special relief filed period. sion rules do not require on-the-air an­ pursuant to § 74.1109 of the Commis­ We have also concluded that this nouncements concerning station power, sion’s rules. agreement, insofar as it applies to the when such announcements are used they year-end holiday season, should be ap­ should be delivered as accurately as pos­ Cablevision, Inc., gave notification per- proved for the 1968-69 year-end period sible. The problem usually arises when suant to §-74.1105 of the Commission’s in view of the undesirable aspects noted an FM station changes its antenna sys­ rules of its intention to commence CATV above. We will expect the carriers to ex­ tem to add vertical polarization. operation in Penndel Borough, Bucks plore other possible solutions to this Although the addition of vertical County, Pa. On February 23, 1968, WIBF problem and to continue to supply us polarization at an FM station helps to Broadcasting Co., permittees of Station with data upon which the results of this “fill in” pockets of poor reception within WIBF-TV, Philadelphia, Pa., and U.S. plan can be evaluated. the station’s service area and improves Communications of Philadelphia, Inc., li­ FM reception in automobiles, it does not Accordingly, pursuant to the Federal censee of Station WPHL-TV, Philadel­ significantly extend the service contours. phia, Pa., filed a petition requesting tem­ Aviation Act of 1958, and particularly It follows that expressions of authorized porary and permanent relief pursuant sections 204(a), 412, and 414 thereof: ERP as the sum of the vertical and hori­ to § 74.1109 of the rules against carriage It is ordered, That: zontal planes are misleading and, as such, of New York signals by Lower Bucks on 1. Agreement CAB 20236 be and is contrary to Commission policy. its CATV system in Penndel Borough. hereby approved for the 1968-69 year- Announcements relating to ERP This petition is opposed by Lower Bucks, should therefore either conform to the end holiday season, and disapproved to and WIBF Broadcasting and U.S. Com­ authorized horizontal plane value or, munications have replied. On February the extent it would establish ticketing if the licensee wishes to differentiate thé 23, 1968, Westinghouse Broadcasting time limits for travel during the Easter horizontal and vertical power compo­ Co., Inc., licensee of Station KYW-TV period. nents, they should be announced exactly Philadelphia, Pa., filed objection to 2. This order shall be served upon as expressed in the license. Lower Bucks proposal. All pleadings are Action by the Commission1 June 26 considered below. Eastern Air Lines, Inc., National Airlines, 1968. Inc., and Northeast Airlines, Inc. 2. Lower Bucks proposes to commence operations in Penndel Borough carrying This order will be published in the F ederal Communications Commission, the following local signals: KYW-TV Federal R egister. [seal] B en F. W aple, WFIL-TV, WCAU-TV, W IBF-Tv’ By the Civil Aeronautics Board. Secretary. WUHY-TV, WKBS-TV, Philadelphia,’ Pa.; WLVT-TV, Allentown, Pa.; WHYY- [seal] Harold R. S anderson, [F.R. Doc. 68-8891; Fled, July 24, 1968; TV, Wilmington, Del.; and WNEW-TV Secretary. 8:50 ajn.] WOR-TV, WPIX, WNDT, New York’ [F.R. Doc. 68-8897; Filed, July 24, 1968; N.Y.1 WIBF Broadcasting and U.S. Com­ 8:50 a.m.] [Docket No. 18140 etc.; FCC 68-685} munications urge that the rationale of footnote 69 of the second report and or­ DELAWARE COUNTY CABLE [Docket No. 19505] der. requires that the New York signals TELEVISION CO. ET AL. not be carried on Lower Bucks’ Penndel system pending hearing. SKY COURIER, INC., ET AL. Memorandum Opinion and Order Instituting Consolidated Hearing 3. In the second report and order, the Notice of Postponement of Hearing Commission determined that CATV sys­ Regarding Approval of Control and In re petitions by Delaware County tems shouid generally carry the signals Interlocking Relationships Cable Television Co. et al., Docket No. of all local television stations; that is 18140, File No. CATV 100-18, 18141 Notice is hereby given, pursuant to the those providing predicted Grade B con­ 18142, 18143, 18144, 18145, 18146, 18147’ tours over the systems. See also, Shen- Provisions of the Federal Aviation Act 18148, 18149, 18150, 18151, 18152, 18153’ Heights TV Association, FCC 68-^168, 11 of 1958, as amended, that hearing in the 18154, 18155, 18156, 18157, 18158, 18159, FCC 2d 814. Footnote 69 recognizes that above-entitled proceeding now assigned 18160, 18161, 18162 and 18163, for there may be special circumstances that to be held on August 6, 1968, is. hereby authority pursuant to § 74.1107 of the would justify an exception to this rule postponed indefinitely. rules to operate CATV systems in the when there is predicted Grade B overlap Philadelphia, Pa., Television Market between two major markets. Dated at Washington, D.C., July 19 (ARB 4), and the Harrisburg-Lancaster- 1968. 4. New York is the first major market Lebanon-York, Pa., Television Market and Philadelphia is the fourth, according [seal] Edward T. S todola, (ARB 30), or the Wilkes-Barre-Scran- Hearing Examiner. ton, Pâ., Television Market (ARB 69) 74.1105 notification of its intention to carrv [F.R. Doc. 68-8898; Filed, July 24, 1968; 1 Commissioners Hyde (Chairman), Bartley 8:51 a.m.] WCBS-TV, WNBC-TV, and WABC-TV New Lee, Cox, Loevinger, Wadsworth, and Johnson! York, N.Y.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10588 NOTICES to the 1967 ARB ranking. The carriage [Docket No. 18140, etc.; FCC 68-684] Bucks opposed the petition, and petition­ ers have replied. of New York signals in the Philadelphia DELAWARE COUNTY CABLE 2. The petitions directed against the market may interfere with the develop­ TELEVISION CO. ET AL. ment of the independent UHF stations § 74.1105 notification were not timely in the area. Accordingly, consistent with Memorandum Opinion and Order filed to invoke the mandatory stay pro­ the rationale of footnote 69, we will ex­ Instituting Consolidated Hearing vided by § *74.1109 of the Commission’s plore the question in hearing.2 rules. Petitioners seek to justify their Accordingly, a hearing is ordered, to In re petitions by Delaware County failure to object in a timely manner on be consolidated with the hearing in Cable Television Co. et al., Docket No. two grounds: That service of the Docket Nos. 18140-18166 at a time and 18140, File No. CATV 100-18, 18141, § 74.1105 notification was inadequate, place to be specified in a further order, 18142, 18143, 18144, 18145, 18146, 18147, and that the notification itself did not upon the following issues: 18148, 18149, 18150, 18151, 18152, 18153, adequately identify the area to be served 18154, 18155, 18156, 18157, 18158, 18159, by the proposed CATV systems. In addi­ 1. To determine the present and pro­ 18160, 18161, 18162 and 18163, for au­ tion, petitioners argue that since Lower posed penetration and extent of CATV thority pursuant to § 74.1107 of the Rules Bucks’ CATV systems are located within service in the Philadelphia television to Operate CATV Systems in the Phil­ the Philadelphia market (the fourth tele­ market. adelphia, Pa., Television Market (ARB 4) vision market according to 1967 ARB 2. To determine the effects of current and the Harrisburg-Lancaster-Lebanon- ranking), the rationale of footnote 69 of and proposed CATV service in the Phil­ York, Pa., Television Market (ARB 30) the second report and order requires that adelphia television market upon existing, or the Wilkes-Barre-Scranton, Pa., Tele­ New York television signals not be car­ proposed, and potential television broad­ vision Market (ARB 69). ried without prior hearing. In view of the cast stations in the market. In re applications of Rollins, Inc., failure to obtain a mandatory stay, peti­ 3. To determine (a) the present policy Newark, Del., Docket No. 18164, File No. tioners urge that special relief be granted and proposed future plans of petitioners 20077-IB-15X; Jerrold-South Jersey pursuant to § 74.1109 of the rules, in ac­ with respect to the furnishing of any T.V. Cable Corp., Mount Holly, N.J., cordance with Midwest Television, Inc., service other than the relay of the signals Docket No. 18165, File No. 9538—IB-96X; FCC 66-683, 4 FCC 2d 612. of broadcast stations; (b) the potential for construction permits for new point- 3. On the record before us, it appears for such services; and (c) the impact to-point microwave stations. that § 74.1105 notifications were mailed of such services upon television broad­ Ih re applications of Rollins, Lie., on behalf of the CATV systems. One pe­ cast stations in the market. Docket No. 18166, File Nos. BPCAR-2, titioning television operator received it 4. To determine whether carriage of BPCAR-3, BPCAR-4, and BPCAR-5, for atits transmitter site, and one of the pe­ predicted grade B or better signals from construction permits for new community titioners denies recollection of having re­ New York City stations should be au­ antenna relay stations to serve a CATV ceived it. The Commission’s rules are not thorized. system at Wilmington, Del. specific as to the address to which a 5. To determine whether the applica­ Lower Bucks Cablevision, Inc., Levit- §74.1105 notification should be mailed; tions and proposals are consistent with town, Pa., Docket No. 18227, SR-1687, re­ however, we accept the petitioner’s argu­ the public interest. quest for special relief filed pursuant to ment that the only address available to Lower Bucks Cablevision, Inc., WIBF § 74.1109 of the Commission’s rules. it was that of the transmitter. Certainly, Broadcasting Co., and U.S. Communica­ 1. On December 21, 1966, Lower Bucksit does not seem to impose a burden on Cablevision, Inc. (formerly Telemax of Lo the television licensee to require that the tions of Philadelphia, Inc., are made Bux, Inc.) gave notification pursuant to' parties to the proceeding and to partic­ mail received by its staff—even at a dif­ § 74.1105 of the Commission’s rules of its ferent address—be forwarded to corpo­ ipate must comply with the applicable intention to commence CATV operation provisions of § 1.221 of the Commission’s rate management. Nor can we accept the in Levittown and Bristol, Pa., carrying argument of "no recollection” as deci­ rules. local signals from Philadelphia, Pa.; Bur­ sive since it does not, by its own terms, It is further ordered, That respondent, lington, N.J.; Wilmington, Del.; and New deny receipt of the § 74.1105 notification. Lower Bucks Cablevision, Inc., has the York, N.Y.1 On January 10, 1968, WIBF Moreover, it is undisputed that the burden of proceeding and the burden of Broadcasting Co., permittee of Station § 74.1105 notification was mailed (which proof with respect to Issue 1, Issue 2, and WIBF-TV, Philadelphia, Pa., and Phila­ is all that the rules call for), and it is an Issue 3 insofar as it relates to its own delphia Television Broadcasting Co., li­ accepted rule that a letter mailed is pre­ CATV system, and that petitioners have censee of Station WPHL-TV, Philadel­ sumed to be received by the addressee the burden of proceeding and the burden phia, Pa., filed a petition for special relief unless a showing to the contrary can of proof with respect to Issue 4. Issue 5 asking the Commission to declare Lower be made. Consequently, we hold that is conclusory. Bucks’ 74.1105 notification insufficient, Lower Bucks complied with the require­ Accordingly, the petition of WIBF and to prohibit the carriage of New York ments of § 74.1105 in giving notifications. Broadcasting Co. and U.S. Communica­ signals on Lower Bucks’ system.2 On Feb­ Nor can we attach great weight to the tions of Philadelphia, Inc., is granted to ruary 12, 1968, and February 15, 1968, argument that the notification was defi­ the extent indicated above and is other­ respectively, Seven Arts Broadcasting cient in indicating proposed service to wise denied. Co., Lie., permittee of Station WGTI, a larger area than is actually involved. Philadelphia, Pa., and Westinghouse It seems obvious that, in any event, such Adopted; June 26, 1968. Broadcasting Co., Inc., licensee of Station notification should have had an even Released: July 18, 1968. KYW-TV, Philadelphia, Pa., filed com­ more alarming effect on a station receiv­ ments regarding this petition. Lower ing it* Thus, we hold that Lower Bucks F ederal Communications fully satisfied the requirements of Commission,* [seal] B en F. W aple, i Lower Bucks has since begun operation in §74.1105. / Secretary. Levittown and in Bristol carrying the follow­ ing signals: KYW-TV, WFTL—TV, WCAT7-TV, [F.R. Doc. 68-8892; Filed, July 24, 1968; WPHL-TV, WIBF-TV, WUHY-TV, Philadel­ •Lower Bucks’ notification stated that it 8:50 a.m.] phia; WKBS-TV, Burlington, WHYY-TV, intended to serve Middletown Township, Wilmington, and WNEW-TV, WORr-TV, Bristol Township, and Bristol Borough. Levit- «Lower Bticks may operate in the interim WPIXr and WNDT, New York. tfcown is an unincorporated housing develop­ carrying the Philadelphia, Allentown, and * The license for WPHL-TV has been trans­ ment located within portions of four munic­ ipalities; the townships of Middletown, Bris­ ■Wilmington signals. ferred from Philadelphia Television Broad­ casting Co. to U.S. Communications of Phila­ tol, and Pahs and the Borough of Tullytown, * Commissioners Bartley, Loevinger and in Bucks County, Pa. Wadsworth absent. delphia, Inc.

FEDERAL REGISTER, VOL 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10589

4. Notwithstanding the fact that pe­ It is further ordered, That respondent, It is ordered, That the hearing now titioners did not avail themselves of their Lower Bucks Cablevision, Inc., has the scheduled for September 11, 1968, is con­ full procedural rights under the rules, burden of proceeding and the burden of tinued to September 13, 1968, at 9 a.m. they argue that Midwest Television, Inc., proof with respect to Issue 1, Issue 2, in Portland, Oreg. supra, warrants granting of special relief and Issue 3 insofar as it relates to its at this time, and we have recognized that own CATV system, and that petitioners Issued: July 18, 1958. footnote 69 problems are presented by have the burden of proceeding and the Released : July 19,1968. operation of CATV around Philadelphia burden of proof with respect to Issue carrying New York signals. Delaware 4. Issue 5 is conclusory. Federal Communications County Cable Television Co., FCC 68-294, It is further ordered, That pending the Commission, 12 FCC 2d 529. This presents a difficult outcome of this proceeding, respondent, [seal] B en F. W aple, problem since, due to petitioners’ delay Lower Bucks Cablevision, Inc., is directed Secretary. in raising objections, and the CATV sys­ to limit the operations of its CATV sys­ [P.R. Doc. 68-8896; Filed, July 24, 1968; tems’ good faith reliance on the lack of tems in Levittown and Bristol as set 8:50 a.m.] objections, the CATV systems have gone forth in paragraph 4, above. ahead with construction and begun offer­ It is further ordered, That the “Peti­ [Docket Nos. 18251-18257; FCC 68-731] ing service to the public. We believe the tion for Declaratory Ruling and for Im­ most equitable solution to this problem mediate Temporary and for Permanent LOUIS VANDER PLATE ET AL. is to confine carriage by the Lower Bucks Relief Against Carriage of New York systems in Levittown and Bristol of those Television Signals on CATV systems in Memorandum O pinion and Order signals proposed in its notification of the Philadelphia Television Market Designating Applications for Con­ December 21,1966, as well as WLVT-TV, (Levittown and Bristol) ” filed January solidated Hearing on Stated Issues Allentown, Pa., for which § 74.1105 noti­ 11, 1968, by WiBF Broadcasting Co., In re applications of Louis Vander fication was given on January 24,1968, to permittee of Station WIBR-TV, Phila­ Plate, Franklin, N.J., Docket No. 18251, those areas where main trunkline cable is delphia, Pa., is granted to the extent in­ File NO. BP-16837, requests: 1000 kc, 250 located as of the date of this order. Buck­ dicated above, but is otherwise denied. w, Day; Radio New Jersey, Hackettstown, eye Cablevision, Inc., FCC 67-1281, 11 Adopted: June 26, 1968. N.J., Docket No. 18252, File No. BP- FCC 2d 745. Beyond this, we feel that 16987, requests: 1000 kc, 1 kw, DA, Day; hearing is necessary before Lower Bucks Released: July 18, 1968. Mid-State Broadcasting Co., Lakewood, is permitted to supply service to the esti­ ederal ommunications N.J., Docket No. 18253, File No. BP- mated 14,930 households it ultimately F C Commission,5 17087, requests: 1170 kc, 5 kw, DA, Day; hopes to serve.4 [seal] B en F. W aple, Arthur S. Steloff, Toms River, N.J., Dock­ Accordingly, a hearing is ordered, to be Secretary. et No. 18254, File No. BP—17249, requests: consolidated with the hearing in Docket 1170 kc, 1 kw, Day; Seashore Broadcast­ No. 18140-18166 at a time and place to [F.R. Doc. 68-8893; Piled, July 24, 1968; be specified in a further order, upon the 8:50 am.] ing Co., Inc., Orleans, Mass., Docket No. following issues: 18255, File No. BP-17483, requests: 1170 kc, 1 kw, DA, Day; Lake-River Broad­ 1. To determine the present and pro­ [Docket No. 18196; FCC 68M-1078] posed penetration and extent of CATV casting Corp.,1 Lakewood, N.J., Docket service in the Philadelphia television HARVEY Z. GHESSER No. 18256, File No. BP-17485, requests: market. 1170 kc, 5 kw, DA, Day; Somerset Valley 2. To determine the effects of current Order Continuing Hearing Broadcasting Co., Somerville, N.J., Dock­ et No. 18257, File No. BP—17505, requests: and proposed CATV service in the Phil­ In the matter of Harvey Z. Ghesser, 1170 kc, 500 w, DA, Day; for construction adelphia Television market upon exist­ Los Angeles, Calif., suspension of ama­ permits. ing, proposed, and potential television teur radio operator license (WB6TTF). broadcast stations in the market. On the Hearing Examiner’s own 1. The Commission, has before it for 3. To determine (a) the present policy motion: consideration (a) the above-captioned and proposed future plans of petitioners It is ordered, That the hearing now and described applications; (b) a “Peti­ with respect to the furnishing of any scheduled for September 6, 1968, is con­ tion to Dismiss Application or in the Al­ service other than the relay of the signals tinued to September 10, 1968, at 9 a.m. ternative to Designate Issues in a Con­ of broadcast stations; (b) the potential in Los Angeles, Calif. solidated Proceeding” by Louis Vander for such services; and (c) the impact of Plate (“Vander Plate” ) directed against such services upon television broadcast Issued: July 18, 1968. Radio New Jersey’s (“Radio” ) applica­ stations in the market. Released: July 19,1968. tion; (c) pleadings in opposition and 4. To determine whether carriage of reply thereto; (d) a “Petition to Deny” predicted grade B or better signals from Federal Communications by Mid-State Broadcasting Co. (“Mid- Commission, New York City stations should be State” ) directed against the application [ seal] B en F. W aple, of Arthur S. Steloff (“Steloff” ) ; (e) a authorized. Secretary. 5. To determine whether the applica­ “Petition for Waiver of Other Appropri­ tions and proposals are Consistent with [F.R. Doc. 68-8895; Piled, July 24, 1968; ate Relief” by Somerset Valley Broad­ the public interest. 8:50 am.] casting Co. (“Somerset” ) ; and (f) letters It is further ordered, That Lower Bucks with accompanying engineering affi­ Cablevision, Inc., WIBF Broadcasting [Docket No. 18197; FCC 68M-1079] davits filed on behalf of Basic Commu­ Co., U.S. Communications of Philadel­ THIRESIA SPIROPOULOU nications, Inc., licensee of Station phia, Inc., Seven Arts Broadcasting Co., WWVA, Wheeling, W. Va. (1170 kc, 50 Inc., and Westinghouse Broadcasting Co., Order Continuing Hearing Inc., are made parties to this proceeding. kw, DA-N, U) requesting that any grant In the matter of Thiresia Spiropoulou, of the applications of Mid-State, Steloff, 4 On Apr. 24, 1968, Lower Bucks gave 74.1105 1028 North Emerson Street, Portland, Lake-River, or Somerset be subject to a notification of Its intention to carry WCBiS- Oreg. 97217, order to show cause why the specified condition. TV, WNBC—TV, and WABC-TV, New York, license for radio station KRC-0535 in the N.Y., on its systems. The proposal was opposed citizens radio services should not be 1 Lake-River Broadcasting Corp. is the on May 29, 1968, by Westinghouse Broadcast­ revoked. ing, Inc., licensee of Station KYW—TV, Phila­ successor to Radio New Jersey, the corporate On the Hearing Examiner’s own entity which filed the Lakewood application delphia, Pa. In view of the f ootnote 69 prob­ motion: originally. Radio New Jersey principals re­ lems discussed above and in the absence of tained a sufficient interest in the new cor­ any equitable considerations, Lower Bucks porate applicant so that the assignment of may not carry these New York signals, before 6 Commissioners Bartley, Loevinger, and bearing. a new file number was not necessary. See Wadsworth absent. § 1.571 (j) (2) of the Commission’s rules.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 No. 144—Pt. I——5 10590 NOTICES The allocation standards applicable to relatively small communities largely of a 2. The captioned applications fall into suburban character, located relatively two groups. In the first group are the mu­ the Somerset proposal are set forth in tually exclusive applications of Vander § 73.37(a) of the rules. The proposed close to large communities and served by Plate and Radio. In the second group are 0.025 mv/m contours of the two Lake- stations therein. Id. at 1669, note 10. the mutually exclusive applications of wood proposals and the Toms River pro­ 8. Among the factors claimed by Som­ Mid-State, Steloff, Lake-River Broad­ posal would overlap the proposed 0.5 erset as justifying the application of a casting Corp. (“Lake-River” ) , and Som­ mv/m contour of Somerset. Therefore, more liberal standard are the following: erset.2 Also in the second group is the ap­ pursuant to the standards contained in Somerville is the largest community in plication of Seashore Broadcasting Co., § 73.37(a) of the rules, the Somerset ap­ and the county seat of Somerset County Inc. (“Seashore” ), which is mutually plication is mutually exclusive with the as well as the largest community within exclusive with the Steloff proposal. There applications for Lakewood and Toms the proposed 2 mv/m contour. The is no engineering conflict between the River. coverage of the proposed Somerville sta­ two groups. However, because of a fac­ 6. Section 73.37(b) provides what in tion will be concentrated around the tual dispute raised by the Vander Plate effect constitute exceptions to the gen­ community of Somerville. Excluding Sta­ petition, described hereinafter, and in­ eral standard laid down in § 73.37(a). tion WAWZ, Zarepath, N.J., which shares volving principals common to both Radio Section 73.37(b) provides, inter alia: time with WBNX, N.Y., and operates ap­ and Lake-River, the Commission will, An application for a new daytime station proximately 31 hours per week, there is pursuant to § 1.227(a)(1) of the Com­ or a change in the daytime facilities of an no standard broadcast station in Somer­ mission’s rules, consolidate the two existing station may be granted notwith­ set County. Although Somerville is lo­ groups to permit an orderly resolution standing overlap of the proposed 0.5 mv/m cated within the New York-New Jersey contour and the 0.025 mv/m contour of an­ of the questions presented. Urbanized Area near the western edge, other cochannel station, where the applicant neither Somerville nor the county in 3. In the letters and accompanying station is or would be the first standard which it is located, Somerset, is part of affidavits previously mentioned, WWVA broadcast facility of a community of any any Standard Metropolitan Statistical requests that any construction permit size wholly outside of an urbanized area (as Area. Most workers residing in Somer­ granted to Mid-State, Steloff, Lake- defined by the latest U.S. Census), or the first standard broadcast facility in a com­ ville are employed in Somerset County. River, or Somerset be subject to a con­ munity of 25,000 or more population wholly Somerset also points out that the New dition requiring the permittee to make or partly within an urbanized area * * * York-Northeastern New Jersey Urban­ field intensity measurements to assure Provided,, That: * * * ized Area is the most extensive in the adequate protection to WW^A. Exam­ (2) No overlap would occur between the United States and that Somerville is ap­ ination of the applications and amend­ 1 mv/m contour of the proposed facilities proximately 85 miles from the most dis­ ments thereto together with the mate­ and the 0.05 mv/m contour of any cochannel tant point in the urbanized area, 36 miles rial submitted by WWVA indicates that station. from New York City and some 25 miles only in the case of the Steloff proposal Section 73.37(b) is not applicable to the from Newark, the nearest principal city will protection to WWVA be critical. Ac­ Somerset proposal because Somerville is in the urbanized area. Somerset claims cordingly, in the event of a grant of the that Somerville is not a suburb of any Steloff application, an appropriate con­ wholly within the New York-Northeast­ ern New Jersey Urbanized Area and has principal city and not relatively close to a dition will be specified. a population of 12,458 (1960 Census). large community and claims further that 4. With respect to the petition to deny Somerset argues that the purpose behind service provided by other standard the Steloff application filed by Mid- the adoption of the more liberal provi­ broadcast stations located in the ur­ State, there is no indication that Mid- sions of § 73.37 (b) and various factors set, banized area is limited. State served a copy of thè petition on out in its petition require a grant of the 9. Upon .consideration of the fore­ Steloff. Therefore, it does not appear requested waiver.3 going, the Commission recognizes that, that Mid-State complied with the service 7. Somerset states that the reason for absent the pendency of conflicting appli­ requirements contained in section 309(d) the basic relaxation for applications for cations, it might be appropriate in (1) of the Communications Act of 1934, cities without standard broadcast facili­ Somerset’s case to waive the strict re­ as amended, and § 1.47 of the rules. ties was the importance of providing a quirements of §73.37 (a) of the rules and Thus, the petition is procedurally defec­ first local outlet for self-expression. The treat the application under the less tive and will be dismissed. Moreover, assertion is apparently an allusion to the stringent standards of § 73.37(b). How­ Mid-State’s substantive contentions are ever, in the present instance, a hearing unsupported and without merit. Mid- Commission’s statement to the effect that: is necessary in which one of the ultimate State requests the denial of the accept­ determinations will be the question of ance of Steloff’s application alleging that Although it is impossible to devise a system under which every local community, no mat­ which proposal or proposals would best his proposal will not provide a minimum ter how small, can have its own local station, provide a fair, efficient, and equitable field intensity of 25 mv/m over the busi­ the benefits of at least one local station in as distribution of radio service within the ness or factory areas of Toms River and, many communities as possible are obvious. meaning of section 307 (b) of the Act and therefore, is not in compliance with AM Station Assignment Standards, 2 RR 2d a finding at this stage that these less § 73.188(b) (1) of the Commission’s rules. 1658, at 1668, paragraph 19. stringent standards should be applied The Commission’s examination of Somerset also cites the Commission’s rea­ might tend to prejudice the outcome of Steloff’s showing indicates that the pro­ son for excluding cities of less than 25,- that hearing. This being the case, the posed operation will, in fact, comply with 000 located in urbanized areas from this Commission finds that a grant of Somer­ § 73.188(b) (1). In any event, although a relaxation, namely, that relaxation of the set’s waiver request is justified only to question of compliance with the require­ general standard is not warranted for the extent of permitting a consideration ments of that section would raise an issue of whether circumstances are such that to be resolved, it would not constitute » Somerset alleges that there would be no the application of the § 73.37(b) stand­ grounds for dismissal of an application. overlap of its proposed one mv/m contour ards would tend to achieve the 307(b) 5. Somerset, in its petition for waiver by either proposed Lakewood 0.05 mv/m con­ objective. Accordingly, the Hearing Ex­ or other relief, requests that the Com­ tour and claims that its proposal would' be aminer is hereby authorized to receive, mission waive § 73.37 of the rules or any compatible with either Lakewood proposal. for the purposes of the 307 (b) determina­ other provision in order that the Somer­ Somerset also claims that the Toms River ap­ plication could be amended to eliminate the tion, all material and relevant evidence, set proposal may be considered not mu­ conflict with its proposal. Assuming, arguen­ including the location of the pertinent tually exclusive with the other proposals. do, that Somerset is correct with regard to contours, and make findings and con­ the Lakewood applications, the conflict be­ clusions on the question of whether the 2 The Somerset proposal was also in con­ tween the Toms River and Somerville pro­ public interest would be served by treat­ flict with an application for a new station in posals has not been eliminated, and they con­ ing the Somerset application as one Cornwall, N.V., which was filed by William tinue to be mutually exclusive under either within the purview of the allocation L. Edmonds, Jr., trading as Radio Cornwall, standard since the 0.05 mv/m contour of standards set forth in § 73.37(b) of the BP-17504. That conflict has been removed Toms River overlaps the 1 mv/m contour of by an amendment to the Cornwall proposal. Somerville. rules.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10591 10. In the petition filed by Vander 12. According to Vander Plate, Radio’s although Vander Plate visited her in the Plate requested that Radio’s application principals 4 also made false representa­ summer of 1966, he did not return in requested. In the alternative, Vander tions in the pending application for a November of 1966, as he alleges, and that Plate requested that Radio’s application new station at Lakewood, N.J. The appli­ she did not tell him that she was per­ be designated for hearing and that issues cation, BP-17485, was filed on October 26, mitting Radio to list her land as a pro­ be specified to determine (i) whether 1966, and listed the proposed transmitter posed transmitter site merely as an ac­ Radio has made material misrepresenta­ site as being in the town of Lakehurst commodation. tions to the Commission; (ii) whether near the intersection of New Jersey 14. With respect to the allegations con­ Radio’s proposed site was under its legal Highways 70 and 571 at 40°01'16" N., cerning the Lakewood transmitter site, control at the time the proposal was 74°16'06" W. Vander Plate alleges that Radio claims that at the time the appli­ filed; (iii) whether Radio’s principals one Gustave Heterbrugge of Bloomfield, cation was filed it had reasonable assur­ made similar misrepresentations with N.J., is the owner of the land in question ance that the site would be available, but respect to the proposed transmitter site and that he has never met any of the that negotiations with Mr. Heterbrugge specified in the Lake-River application principals of Radio nor has he any inter­ failed to produce a contract. In support for the station at Lakewood; and (iv) est in disposing of the property.6 of this contention, the applicant sub­ whether in light of the evidence adduced 13. In opposing the Vander Plate pe­ mitted a letter from a Lakewood real pursuant to the foregoing issues, Radio tition, Radio relies chiefly upon affidavits estate broker. In the letter, the broker (and Lake-River), possess the requisite by Mrs. Sheldon. In these affidavits, Mrs. stated that he showed the property to character qualifications to be broadcast Sheldon states that she initially agreed Robert H. Boughrum, a principal of licensees. to enter into a written lease option agree­ Radio; that the listed price was $7,500; 11. Radio’s application was tendered ment with a right to purchase the land; that he (the broker) called Heterbrugge for filing on October 29, 1965. The pro­ that Radio mailed her a written option and was informed that an option price posed transmitter site was described as agreement and a check for $150;6 and of $9,500 would be satisfactory; that being located approximately 1.3 ttpIpr that instead of signing the agreement, Boughrum was willing, but when Heter­ north of Hackettstown at 40°52'17.3" N., she extended an oral lease option and brugge was contacted again, he raised 74*49'49.1" w . In the financial portion agreed to notify Radio so that it would the price to $11,000; and, that Heter­ of the application, Radio stated that the have the opportunity of matching any brugge subsequently took the property off land was “to be leased.” Thus, no stated film offers to purchase the land which the market. Radio also points out that amount of capital was allocated for its might be received during the term of the its communications counsel, by letter acquisition. Vander Plate states that dur­ oral lease option. According to Mrs. dated November 18, 1966, informed the ing the summer of 1966 he interviewed Sheldon, the principals of Radio men­ Commission that after the application the landowner, Mrs. Florence E. Sheldon, tioned that they would undertake to lo­ had been filed (i.e., after Oct. 26, 1966), when she stated that she had optioned cate a new site and notify her if and when negotiations had fallen through and that the proposed transmitter site (included a suitable site was found. After not hear­ the application would be amended with­ in a parcel consisting of about 32 acres) ing from Radio for 6 months, Mrs. Shel­ in 30 days to specify a new site near the to one Samuel Kaplan of Paterson, N.J. don said that she granted an option to original one. Examination of a copy of the contract Kaplan on the assumption that Radio 15. In his reply to Radio’s opposition, attached to the petition indicates that was no longer interested in her land or Vander Plate notes that Mrs. Sheldon is for $100 Kaplan, on May 20, 1966, re­ had found another site. Mrs. Sheldon a licensed real estate broker and postu­ ceived a 3-month option to purchase the avers that she failed to notify Radio of lates that she was completely free to property for a total of $85,000 with 29 the Kaplan option; that the Kaplan option the land to Kaplan because there percent down and the balance payable option was an error; that, although was no other agreement outstanding. over a 10-year period at 6 percent in­ she did sign the extension of the Vander Plate supports this argument by terest. Attached also was an extension Kaplan option, the text is not in her pointing out that the option agreement agreement dated July 20, 1966, signed handwriting; that she does not believe sent to Mrs. Sheldon by Radio was never by Mrs. Sheldon, which, written in long- that the sentence “there are no con­ signed by her and that she never cashed hand, reads as follows: tracts, leases, oral or written, to sell or the $150 check. Vander Plate once again I do extend the within option until Decem­ lease this property to anyone else” was categorically states that he visited Mrs. ber 1, 1966. There are no contracts, leases, part of the extension; and, that she does Sheldon in November of 1966 and that oral or written to sell or lease this property recall that there was a substantial space she did say that Radio had apparently to anyone else. between the words “I do extend the with­ found another site since she had not Vander Plate claims that he visited Mrs. in option until December 1,1966” and the made any arrangements with them. Sheldon again in November of 1966, and line to which she affixed her signature. Based on these allegations, Vander Plate was informed by her that, although Furthermore, Mrs. Sheldon states that asserts that there is ample justification Radio continued to list her land as the for the Commission to make a full inquiry. proposed transmitter site, it was no 4 In this and the following three para­ longer interested in the property and graphs, the term, "Radio” , refers to Radio 16. With respect to proposed trans­ had, in fact, purchased another site. Ac­ New Jersey as both the applicant for the mitter sites, the Commission has long cording to Vander Plate, Mrs. Sheldon Hackettstown station and the predecessor of held that an applicant is not required allowed her property to be listed as the Lake-River Broadcasting Carp. As previously to establish that it has a binding ar­ Proposed transmitter site simply as an indicated, there are principals common- to rangement, or legal control of the land. both corporations, and Radio New Jersey was Greater New Castle Broadcasting Corp., accommodation. Vander Plate alleges the applicant for the Lakewood proposal at that Radio had no intention at the outset the time the pleadings under discussion were 8 RR 291, 318 (1953); Suburban Broad­ of using the site and that negotiations filed. casting Co., Inc., 19 RR 956a (1960). It with Mrs. Sheldon which ultimately led 8 There is some confusion over the spelling is sufficient that an applicant propose a to an agreement (dated Dec. 10, 1966) of the landowner’s name. In the material site with reasonable assurance in good to purchase the land for $96,000 did not submitted by Vander Plate the spelling, faith that the site will be available. Heterburgge, appears. In the pleadings of begin until after Radio became aware Brennan- Broadcasting Co., 15 RR I2e Radio New Jersey (now Lake-River Broad­ (1957); Milam & Lansman et al., 4 FCC of his investigation into the matter. In casting Corp.) the name appears as Heter­ 2d 610, 7 RR 2d 765 (1966); affirmed sub light of the above, Vander Plate con­ brugge. Apparently under both spellings the same individual is intended. nom. Christian Fundamental Church v. cludes that since Radio had no arrange­ 6 A copy of the check and the agreement Federal Communications Commission’ ments for lease of the land on the day its were attached. The agreement (unsigned) ------U.S. App. D.C______F.2d application was filed, f.e„ October 29, granted Radio a 2-year lease of a 7-acre par­ ------» 12 RR 2d 2116 (1968). An oral cel at the specified location for $2,000 promise by the landowner to sell or lease 1965, its representation to the Commis­ gave Radio a right of first refusal on any property is sufficient. Eastside Broad­ sion to that effect was false. future sale. casting Co., FCC 63 R-528, 1 RR 2d 763

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 1968 10592 NOTICES needs and interests of the area to be ating expense. Accordingly, an issue will Although the principals of the Hacketts- be specified to permit a showing of the town and Lakewood applicants maintain served and the means by which those needs and interests will be met. In this basis for the estimated annual operating that, at the time of the filing of each ap­ expense and whether the estimate is plication, they had taken steps to make connection, the Commission notes that, while there is provision on both the old T68iSOI19iWC reasonably certain that the sites specified 21. The application of Radio New Jer­ were available, there are inconsistencies form and the current form for indicating whether an FM station will duplicate sey was tendered on October 29, 1965, between the contentions of Vander Plate and contained the Statement of Program on the one hand and those of the Hack- the programs of an AM station, there is no provision for indicating whether an Service (section IV, FCC Form 301) pre­ ettstown-Lakewood principals on the scribed for applications tendered before other. It is apparent, therefore, that it AM station will duplicate the programs of an FM station. However, in the pres­ November 1, 1965. Thereafter, Radio is necessary to resolve the conflict on elected to amend its application to in­ the basis of an evidentiary hearing ent instance, it will be helpful in resolving the program question if the applicant clude the program statement on the re­ wherein it may be determined which of vised form adopted by the Commission the inconsistent representations may be includes information with respect to the extent to which he may duplicate pro­ for applications tendered on or after relied upon. Also to be determined in the November 1,1965. Amendment of section hearing is the question of whether repre­ grams on his existing FM station and the proposed AM station. IV (Statement of Program Service) of sentations made during the pendency Broadcast Application Forms 301, etc. of these applications by either faction 18. Vander Plate proposes to locate his transmitter at a site lying west of the The applicant’s amended program state­ have a bearing on the qualifications of ment indicates that a survey was con­ the respective applicants. Since the ques­ borough limits of Franklin, N.J. The standard broadcast station will be op­ ducted and that a cross-section of lead­ tion of the availability of transmitter ers in various fields were interviewed. sites was raised by Vander Plate, he will erated by remote control from studios at the studio-transmitter building of his The names of 12 specific individuals con­ haye the burden of proceeding with the tacted were given. The applicant cites introduction of evidence on this question. FM Station, WLVP, located east of the northern limits of Franklin and outside the obvious need for an outlet of local The burden of proof of the availability expression and claims that its interviews of the sites, however, will be on Radio the borough. Thus, the proposed stand­ ard broadcast operation will not be in with community leaders confirmed the and Lake-River (Issue 5, below). The needs for national and international burden of establishing the effects of the compliance with § 73.30(a) of the Com­ mission’s rules inasmuch as the WLVP news. As to what specific program sug­ facts developed on basic qualifications gestions may have been made, the appli­ will be on the respective applicants (Is­ studio is not located within the com­ munity of Franklin, and Vander Plate cant’s evaluation of those needs and how sue 6, below). the evaluation has been related to the 17. The application of Vander Plate, requests a waiver of that section. In sup­ port of the request for waiver, the appli­ program services to be offered, the ap­ tendered in July of 1965, was filed before plicant’s statements are silent. The Com­ the release of the Commission’s report cant makes the bare allegation that the waiver will permit the operation of the mission finds that an inquiry should be and order adopting a revised form for an made in this area to establish the extent applicant’s statement of program service standard broadcast station from the FM transmitter iocation. The Commission of the awareness of the applicant of the to be included in standard and FM needs and interests of the public it pro­ broadcast applications. Amendment of finds that the reason advanced is not a sufficient basis to warrant the waiver, but poses to serve and whether its service section IV (Statement of Program Serv­ will be responsive to those needs. See ice) of Broadcast Application Forms 301, the applicant will be given an oppor­ tunity to offer any further justification Minshall Broadcasting Co., Inc., et al., etc., 5 RR 2d 1773 (1965). Therefore, the 11 FCC 2d 796, 12 RR 2d 502 (1968). applicant’s original program statement he may have at the hearing. 19. Vander Plate, to meet the cost of 22. Site photographs submitted by was filed on the old form. As originally Mid-State do not show sufficient detail filed, the applicant did not contain the construction and 1 year’s operation of the proposed standard broadcast station, for a determination that conditions in required schedule of a typical week but the vicinity of the antenna system would did contain what appears to be a sched­ will require an estimated $11,750 for con­ struction and $3,500 for 1 year’s operat­ or would not distort the proposed an­ ule for a single day on the applicant’s FM tenna "radiation pattern. Therefore, .an station, WLVP. Subsequently the appli­ ing expenses or a total of $15,250. The estimated construction cost includes appropriate issue will be specified. cant submitted a second program sched­ 23. In the Steloff statement of pro­ ule which, again, appears to be a sched­ land, $3,750; building, $600; and miscel­ laneous, $2,000. Vander Plate relies on gram service, the applicant mentioned ule fdr a single day on WLVP. In a recent discussions held with civic and commu­ amendment, the applicant submitted a existing capital of $2,000 and a loan from a banking institution of $15,000. The nity leaders in i962. He also stated that schedule of a proposed typical week but he had reviewed the record in an FM failed to comply with the instructions in loan commitment is evidenced by two let­ ters, the first submitted being dated proceeding on applications for an FM paragraph 4(b) of the old form in that station in Toms River (Ocean County the classification of each program is not July 16, 1965, and the second submitted being dated July 6, 1965. In each of the Radio Broadcasting Co., et al., 4 FCC 2d indicated. Percentages to be devoted to 953, 8 RR 2d 695 (1966)) for the pur­ the various types of programs were in­ letters, it is stated that the commitment expires on July 15, 1968, and neither let­ pose, at least in part, of planning his cluded, but it is difficult to determine program service to contribute to the whether those percentages accurately ter complies with the requirements of paragraph 4(h), page 2, section III of overall diversity of local service. Among reflect the program schedule. For ex­ the methods used to ascertain the needs ample, it is indicated that 14 percent of FCC Form 301, in that the letters do not state the terms of repayment and se­ and interests of the area were an unspec­ the broadcast time will be devoted to ified number of interviews, research and talks. However, on the schedule, the pro­ curity for the loan. Therefore, an issue will be specified to determine the terms discussion with personal friends. The ap­ grams classified as talks appear to be plicant also cites his residence in the scheduled for approximately 7 percent of of repayment, including interest, and the security and whether the commitment area for several years. Regarding the the time. It is evident from an examina­ applicant’s proposal to meet the needs tion of the applicant’s material that can be extended beyond July 15, 1968. 20. With respect to the first year’s of the area, his statement is a general efforts made to submit complete and ac­ indication of what may be his own views curate information are less than satisfac­ operating expense, Vander Plate’s esti­ mate is only $3,500. The applicant’s basis but does not clearly indicate whetheri tory. This, in the Commission’s view, is directly responsive to whatever needs raises a question of whether the appli­ for this estimate is not shown. Although the applicant states that the present may have been ascertained. An issue wu cant made adequate efforts to inform be specified to permit clarification m this himself of the needs and interests of the WLVP staff will be utilized in the opera­ area and whether the service proposed tion of the proposed AM station and area. . mentions the possibility of employing an 24. Examination of the Lake-River ap­ would be responsive to those needs and plication indicates that, based on the interests. Therefore, the applicant will be unspecified number of new staff mem­ bers, this does not appear to provide a applicant’s estimates, approximately afforded an opportunity to offer evidence $93,944 will be required to meet the cost concerning his efforts to ascertain the clear basis for such a low estimated oper­

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10593

of construction and 1 year’s operation. 28. Accordingly, it is ordered, That, (a) Whether the proceeds from the These costs consist of the following: pursuant to section 309(e) of the Com­ sale of capital stock are available in Down payment on equipment, $13,944; munications Act of 1934, as amended, whole or in part for the purposes in­ building, $6,000; miscellaneous, $4,000; and § 1.227(a)(1) of the Commission’s tended; working capital, $70,000. The $70,000 rules, the applications are designated for (b) To determine the source of' addi­ working capital includes payments on hearing in a 'Consolidated proceeding, at tional funds required to meet the com­ principal ($13,944) and interest ($2,092) a time and place to be specified in a sub­ mitment of Donald Towbin to lend funds on equipment. To meet these costs the sequent order, upon the following issues: to the applicant, and the terms of repay­ applicant relies on existing capital of Cl) To determine the areas and popu­ ment including interest and security for $10,000 and a loan of $100,000 from Don­ lations which would receive primary the loan; and ald Towbin of Lakewood who is treasurer, service from the proposed operations and (c) In the light of the evidence ad­ director, and one of the stockholders of the availability of other primary service duced pursuant to the foregoing (a) and the corporation. In lieu of a corporate to such areas and populations. (b ), whether the Lake-River Broadcast­ balance sheet as contemplated by para­ (2) To determine whether the pro­ ing Corp. is financially qualified. graph 2(a), section HE of FCC Form 301, posal of Louis Vander Plate is in compli­ (10) To determine with respect to the the applicant filed a statement captioned ance with § 73.30(a) of the Commission’s application of the Somerset Valley “Plan of Financing.” In the statement, rules with respect to location of the main Broadcasting Co.: it is indicated that unspecified stock­ studio, and, if not, whether circum­ (a) The terms of repayment including holders have purchased 1,000 shares of stances exist which would warrant a interest and security for the loan to be stock for a total of $10,000. This amount, waiver of said section. secured from a banking institution; it is said, will be used to meet the costs (3) To determine whether the trans­ (b) The source of additional funds of prosecuting the application and of mitter sites proposed by the Mid-State that may be required; and miscellaneous items. In the absence of Broadcasting Co. and the Lake-River (c) In the light of the evidence ad­ the required balance sheet, it is not clear Broadcasting Corp. are satisfactory with duced pursuant to the foregoing (a) and whether the entire $10,000 is available particular regard to any conditions that (b ), whether the Somerset Valley Broad­ for the purposes intended. With respect may exist in the vicinity of the antenna casting Co., is financially qualified. to the loan commitment of Mr. Towbin, system which would distort the proposed 11. To determine, in the light of sec­ the information supplied indicates that antenna radiation patterns. tion 307(b) of the Communications Act thé prospective lender appears to have (4) To determine what circumstances, of 1934, as amended, which of the propos­ a maximum of $47,900 in cash and liq­ if any, exist which would justify the als would best provide a fair, efficient, uid assets and is the debtor on a note on selection of the site and antenna design and equitable distribution of radio which there is no indication of what proposed by the Lake-River Broadcast­ service. part may be a current liability. Moreover, ing Corp. which would produce signals 12. To determine, in the event it is Mr. Towbin’s commitment does not in­ over the city of Lakewood, N.J.V from a concluded that a choice between the ap­ dicate the terms of repayment, interest, null area of the proposed radiation pattern. plicants should not be based solely on and security for the loan. Therefore, considerations relating to section 307(b), Lake-River will be afforded an oppor­ (5) To determine whether, at the time which of the proposals would best serve tunity to provide clarification of its fi­ of the filing of the applications of Radio the public interest. nancial plans. New Jersey for construction permits for (13) To determine, in the light of the 25. Lake-River proposes an antenna stations in Hackettstown and Lakewood, evidence adduced pursuant to the fore­ site and directional antenna system ori­ N.J., there was reasonable assurance going issues, which, if any, of the appli­ ented in such a manner that part of that the antenna sites proposed in both cations should be granted. the city of Lakewood is located in a applications were available for the use then proposed. 29. It is further ordered, That the bur­ null area of the proposed radiation pat­ den of proceeding with the introduction tern. In addition,' the site photographs (6) To determine the facts and cir­ cumstances with respect to the efforts of evidence with respect to Issue 5 shall are unsatisfactory. Accordingly, issues be upon Louis Vander Plate and the bur­ on these matters will be included. made to secure the aforementioned sites and the facts and circumstances with den of proof shall be upon Radio New 26. It appears that, in order to meet Jersey and Lake-River Broadcasting construction cost and operating expenses respect to the ensuing controversy and their effect on the requisite and com­ Corp; and that the burden of proceeding for 1 year, Somerset will require $56,664 with the introduction of evidence and the for equipment, $2,500 for building, $15,- parative qualifications of Louis Vander Plate, Radio New Jersey, and Lake-River burden of proof with respect to Issue 6 000 for miscellaneous expenses and $92,- shall be upon the respective applicants. 000 for 1 year’s working capital. These Broadcasting Corp. to receive a grant of their respective applications. 30. It is further ordered, That the “Pe­ figures are based on the applicant’s esti­ tition to Dismiss Application or in the mates. To meet these expenses the ap­ (7) To determine the efforts made by Louis Vander Plate, Radio New Jersey, Alternative to Designate Issues in a Con­ plicant has $50,000 in existing capital solidated Proceeding” filed against the and a loan commitment from a banking and Arthur S. Steloff to ascertain the community needs and interests of the application of Radio New Jersey by Louis institution in the amount of $120,000. The Vander Plate Is granted to the extent in­ statement from the bank, however, does respective areas to be served and the means by which the applicants propose dicated herein and Is denied in all other not indicate the terms of repayment or respects. what security may be required. There­ to meet those needs. fore, it appears that in addition to the (8) To determine with respect to the 31. It is further ordered, That the funds previously mentioned, the appli­ application of Louis Vander Plate: “Petition to Deny” the application of cant may require funds to meet payments (a) The basis of the applicant’s esti­ Arthur S. Steloff filed by Mid-State on the principal of the loan and interest. mate of construction costs and annual Broadcasting Co. is dismissed. operating expenses and whether the esti­ 32. It is further ordered, That the Accordingly, it will be necessary to in­ mate is reasonable; clude an issue to permit clarification of Petition for Waiver or Other Appro­ Somerset’s financial plan. ~ (b) The terms of repayment including priate Relief” filed by Somerset Valley interest and the security for the loan 27. Except as indicated below, each Broadcasting Co. Is granted to the ex­ from the banking institution and whether tent indicated above and Is denied in of the applicants is qualified to construct the commitment may be extended be­ all other respects. and operate as proposed. However, be­ yond July 15, 1968, if necessary; and cause of the matters indicated above, the 33. It is further ordered, That the re­ (c) In the light of the evidence ad­ quests of Basic Communications, Inc. Commission is unable to make a statu­ duced pursuant to the foregoing (a) and tory finding that a grant of the appli­ (WWVA), that any grant of the appli­ (b), whether Louis Vander Plate is cations of Mid-State Broadcasting Co cations would serve the public interest, financially qualified. convenience, and necessity, and is of the Arthur S. Steloff, Lake-River Broadcast­ (9) To determine with respect to the ing Corp., or Somerset Valley Broad­ opinion that they must be designated application o f the Lake-River Broadcast­ for hearing on the issues set forth below. casting Co. be subject to a condition to ing Corp.: assure adequate protection to Station

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 1968 10594 NOTICES time Commission, 1321 H Street NW., Federal Maritime Commission, 1321 H WWVA are denied except to the extent Street NW., Room 609; or at the offices that, in the event of a grant of the appli­ Room 609; or may inspect agreements at the offices of the District Managers, of the District Managers, New York, cation of Arthur. S. Steloff, the construc­ N.Y.i New Orleans, La., and San Fran­ tion permit shall be subject to the New York, N.Y., New Orleans, La., and following condition: Before program San Francisco, Calif. Comments with cisco, Calif. Comments with reference to tests are authorized, permittee shall sub­ reference to an agreement including a the proposed changes and the petition, mit sufficient field intensity measurement request for hearing, if desired, may be including a request fof hearing, if de­ data made in pertinent directions toward submitted to the Secretary, Federal sired, may be submitted to the Secretary, WWVA, Wheeling, W. Va., to establish Maritime Commission, Washington, D.C. Federal Maritime Commission, Washing­ ton, D.C. 20573, within 20 days after pub­ that the inverse distance field does not 20573, within 20 days after publication exceed 190 mv/m/kw as proposed. of this notice in the F ederal R egister. lication of this notice in the Federal 34. It is further ordered, That, in the A copy of any such statement should R egister. A copy of any such statement event of a grant of any of the applica­ also be forwarded to the party filing the should also be forwarded to the party fil­ tions, the construction permit shall1 in­ agreement (as indicated hereinafter), ing the petition (as indicated hereinaf­ clude the following condition: Any pre­ and the comments should indicate that ter) , and the comments should indicate sunrise operation must conform with this has been done. that this has been done. §§ 73.87 and 73.99 of the rules as amend­ Notice of agreement filed for approval Notice of application to modify an ap­ ed June 28, 1967 (32 F.R. 10437), sup­ by: proved dual rate contract filed by: plementary proceedings (if any) in­ Raymond J. Petersen, Attorney for Kimbrell- Mr. Marcus E. Rough, Secretary, U.S. Atlantic volving Docket No. 14419, and/or the Lawrence Transportation, Inc., d.b.a. & Gulf/Australia-New Zealand Conference, final resolution of matters at issue in Pioneer Alaska1 Line, Kumm, Maxwell, 17 Battery Place, New York, N.Y. 10004. Docket No. 17562. Petersen and Lee, 1505 Norton Building, Seattle, Wash. 98104. The U.S. Atlantic & Gulf/Australia- 35. It is further ordered, That, to New Zealand Conference, Agreement avail themselves of the opportunity to Amended agreement designated No. 6200, has filed with the Commission an be heard, the applicants, herein, pursu­ DC-25 (4) between Kimbrell-Lawrence application to modify its approved form ant to § 1.221(c) of the Commission’s Transportation, Inc., doing business as of dual rate contract pursuant to section rules, in person or by attorney, shall, Pioneer Alaska Line (KLTI) and Alaska 14b of the Shipping Act, 1916. The pro­ within twenty (20) days of the mailing Steamship Co. (ASSCO) proposes to posed modification would establish “cur­ of this memorandum opinion and order, modify their approved agreement for the rency devaluation by governmental ac­ file with the Commission in triplicate, a bare boat charter of C1-M-AV1 type tion” as a force majeure circumstance written appearance stating an intention vessel by ASSCO to KLTI for a period of warranting suspension of the contract to appear on the date fixed for the hear­ 3 years and annually thereafter. system pursuant to Article 15(a) of the ing and present evidence on the issues Under the proposed amendment KLTI contract; or an appropriate increase in specified in this order, will pay the first $100,000 or 75 percent rates in lieu of suspension pursuant to 36. It is further ordered, That the ap­ thereof from its annual net profit to Article 15(b). plicants herein shall, pursuant to section ASSCO in order to amortize a loan at 6 311(a)(2) of the Communications Act percent per annum in an amount equiv­ Dated: July 19, 1968. of 1934, as amended, and § 1.594 of the alent to the direct cost incurred by By order of the Federal Maritime Commission’s rules, give notice of the ASSCO in outfitting the Polar Pioneer. Commission. hearing, either individually or, if feas­ Furthermore, the proposed amend­ Francis C. H urney, ible and consistent with the rules, joint­ ment provides that when and if ASSCO Assistant Secretary. ly, within the time and in the manner has received any reduction of its liabili­ prescribed in such rule, and shall advise [F.R. Doc. 68-8882; Filed, July 24, 1968; ty for Federal income taxes by reason of 8:49 a.m.] the Commission of the publication of a tax benefit arising from its investment such notice as required by § 1.594(g) of in the Polar Pioneer, the direct cost to the rules. ASSCO in the outfitting of the Polar Adopted: July 17,1968. Pioneer, shall be decreased by the FEDERAL POWER COMMISSION amount of such a tax benefit. Released: July 22,1968. Agreement No. DC-25 (4) is proposed [Project No. 2317] F ederal Communications to become effective upon the approval APPALACHIAN POWER CO. Commission,7 by the Federal Maritime Commission [ seal] B en F. W aple, under section 15, Shipping Act, 1916. Notice of Amended Application for Secretary. License for Constructed Project Dated: July 22,1968. [F.R. Doc. 68-8894; Filed, July 24, 1968; July 17,1968. 8:50 a.m.] By order of the Federal Maritime Commission. Public notice is hereby given that an F rancis C. Hurney, amended application for license has been Assistant Secretary. filed under the Federal Power Act (16 U.S.C. 791a-825r) by Appalachian Power FEDERAL MARITIME COMMISSION [F.R. Doc. 68-8881; Filed, July 24, 1968; Co. (Appalachian) (correspondence to: 8:49 a.m.] H. B. Cohn, Vice President, Appalachian PIONEER ALASKA LINE AND ALASKA Power Co., Post Office Box 7, Church STEAMSHIP CO. U.S. ATLANTIC AND GULF/AUSTRA- Street Station, New York, N.Y. 10008) Notice of Agreement Filed for LIA-NEW ZEALAND CONFERENCE for unconstructed Project No. 2317, Approval known as the Blue Ridge project, on Notice of Petition Filed for the New River and which would be lo­ Notice is hereby given that the follow­ Approval cated in the counties of Grayson, Carroll, ing agreement has been filed with the and Wythe, all in the Commonwealth Commission for approval pursuant to Notice is hereby given that the follow­ of Virginia; and the Ashe and Alleghany section 15 of the Shipping Act, 1916, as ing petition has been filed with the Com­ in the State of North Carolina. amended (39 Stat. 733, 75 Stat. 763, 46 mission for approval pursuant to sec­ This present filing by Appalachian is U.S.C. 814). tion 14b of the Shipping Act, 1916, as amended (75 Stat. 762, 46 U.S.C. 814). for a modification of the plan of develop­ Interested parties may inspect and ment proposed in its application for obtain a copy of the agreement at the Interested parties may inspect a copy license for the Blue Ridge Project No. Washington office of the Federal. Mari- of the current contract forms and of the 2317, filed on February 26, 1965. petition, reflecting the changes proposed to be made in the language of said con­ The modified project, as presently Pro" 7 Commissioner Lee concurring in the posed, would consist o f: An upper, result. tracts, at the Washington office of the

FEDERAL REGISTER, V O L 33,, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10595

pumped storage development compris­ mont Public Service Corp. for an exten­ [Docket No. E-7429] ing: (1) A 300-foot high, 1,700-foot sion of time from July 19,1968, to August long rock-fill dam to be about 1,500 feet 30, 1968, to comply with paragraph (C) MONTANA-DAKOTA UTILITIES CO. downstream of Shoal Creek; (2) a gated of the order Issued June 21, 1968, provid­ Notice of Application. concrete ogee spillway in a saddle near ing for filing of direct testimony in the the right abutment of the dam; (3) above-designated proceeding, and for July 17, 1968. several dikes around the rim of the postponement of hearing now scheduled Take notice that on July 9, 1968 Mon- reservoir; (4) a 26,000-acre reservoir for July 30, 1968, to September 16, 1968; tana-Dakota Utilities Co. (Applicant) (at elevation 2,652 feet, U.S.C. & G.S. Notice is hereby given that the time is filed an application seeking an order datum, the normal maximum pool eleva­ extended to and including August 30, pursuant to section 204 of the Federal tion) with a usable storage capacity of 1968, within which applicant and Secre­ Power Act authorizing the issuance of 290,000 acre-feet at a m aximum draw­ tary of Interior shall comply with para­ $12 million in promissory notes. down of 12 feet; the m aximum draw­ graph (C) of the order issued June 21, Applicant is incorporated under the down during the recreation season is to 1968; and that the date of the hearing is laws of the State of Delaware with its be 10 feet; (5) eight tunnels to the postponed to September 16, 1968. principal business office at Minneapolis, powerhouse, each with a headgate; (6) Minn., and is engaged in the gas and a powerhouse near the toe of the dam, G ordon M. G rant, electric utility business in the States of with eight vertical-shaft, Francis-type s Secretary. Montana, North Dakota, South Dakota, pump-turbines each connected to a [F.R. Doc. 68-8829; Piled, July 24, 1968; and Wyoming. 200,000-kw. motor-generator; (7) two 8:45 a.m.] Applicant proposes to issue the notes 31-mile-Iong single circuit 765-kv. trans. to commercial banks on or before Febru­ mission lines to connect to a switching [Docket No. CP69-5] ary 28, 1969. Each note will bear interest station near Jackson Ferry, Va.; and a at the prime commercial rate and will lower, conventional hydroelectric devel­ LYONS GAS CO., INC., AND MICH­ mature not more than 1 year from the opment comprising: (1 )A 255-foot high, IGAN WISCONSIN PIPE LINE CO, date of its issuance. 1,900-foot-long rockfill dam to be about The purpose for which such notes are 2,300 feet downstream of Meadow Creek Notice of Application to be issued is (1) to provide for the (30 river miles downstream of the payment of $3 million of promissory upper dam ); (2) a gated concrete ogee July 17, 1968. Take notice that on July 9,1968, Lyons notes due in 1968, which were issued in spillway 3,000 feet from the left abut­ 1967 to provide temporary financing for ment of the dam; (3) several dikes Gas Co., Inc. (Applicant), filed in Docket part of the cost of constructing additions around the rim of the reservoir; (4) a No. CP69-5 an application pursuant to to the Applicant’s electric, gas, and com­ 14,500-acre reservoir (at elevation 2,430 section 7(a) of the Natural Gas Act for mon utility plant during the year 1967, feet which is the maximum surface ele­ an order of the Commission directing and (2) to provide temporary financing vation during nonflood periods); it is for part of the cost of the 1968 construc­ planned to store up to 160,000 acre-feet Michigan Wisconsin Pipe Line Co. (Respondent) to establish physical con­ tion program. This program includes $1.9 of flood flows between elevations 2,430 million from electric transmission and and 2,440 feet when necessary; 466,000 nection of its natural gas transmission distribution facilities and $2.9 million for acre-feet of storage capacity for power facilities with the facilities proposed to gas facilities. purposes and water quality control would be constructed by Applicant, and to sell be available between elevations 2,390 and Any person desiring to be heard or to 2,440 feet; (5) two tunnels to the power­ and deliver to Applicant, the natural gas make any protest with reference to said house, each with a headgate; (6) a requirements for the Village of Lyons, application should, on or before August powerhouse near the toe of the dam with Ohio, all as more fully set forth in the 12, 1968, file with the Federal Power two conventional Francis-type turbines application which is on file with the Com­ Commission, Washington, D.C. 20426, each connected to a 100,000-kw. genera­ petitions or protests in accordance with mission and open to public inspection. the requirements of the Commission’s tor; (7) a double circuit 138-kv. trans­ The application states that Respond­ mission line, about 4 miles long, to rules of practice and procedure (18 CFR connect with a switching station near ent's transmission pipeline comes within 1.8 or 1.10). The application is on file and Fries, Va.; and (8) appurtenant 2 miles of the village limits of Lyons. available for public inspection. facilities.. Applicant proposes to construct a welded G ordon M. G rant, Any person desiring to be heard or to steel coated and wrapped line from the Secretary. make any protest with reference to said delivery point to the village limits and [P.R. Doc. 68-8831; Filed, July 24, 1968; application should on or before Septem­ 8:45 a.m.J ber 11, 1968, file with the Federal Power then convert to Aldyl “A” plastic pipe Commission, .Washington, D.C. 20426, distribution system. petitions or protests in accordance with The natural gas service sought herein [Docket No. CP69-6] the requirements of the Commission’s will be initial service. Applicant states rules of practice and procedure (18 CFR that Lyons is a farming village trying NATURAL GAS PIPELINE COMPANY 1.8 or 1.10). Those persons or groups to encourage small industry to locate and OF AMERICA already granted intervention in this pro­ it is felt that natural gas service would ceeding need not file new petitions. The Notice of Application be one of the first incentives needed to application is on file with the Commis­ July 17, 1968. attract such industry. sion and available for public inspection. Take notice that on July 11,1968, Nat­ The estimated third year annual and G ordon M. G rant, ural Gas Pipeline Company of America Secretary. peak day requirements of Applicant are (Applicant), 122 South Michigan Ave­ [F.R. Doc. 68-8828; Piled, July 24, 1968; 47,660 Mcf and 847 Mcf, respectively. nue, Chicago, 111. 60603, filed in Docket 8:45 a.m.J Protests or petitions to intervene may No. CP69-9 an application pursuant to be filed with the Federal Power Commis­ sections 7(b) and 7(c) of the Natural [Project No. 2205] Gas Act for permission and approval to sion, Washington, D.C. 20426, in accord­ abandon certain natural gas facilities CENTRAL VERMONT PUBLIC SERVICE ance with the rules of practice and and for a certificate of public convenience CORP. procedure (18 CFR 1.8 or 1.10) on or and necessity authorizing Applicant to before August 12,1968. construct and operate certain natural gas Notice of Extension of Time facilities in the La Salle-Peru and Depue, G ordon M. G rant, Ju l y 18, 1968. 111., areas, and to continue the sale and Secretary. delivery of natural gas to Illinois Power Upon consideration of the request filed [F.R. Doc. 68-8830; Piled, July 24, 1968; July 16, 1968, by counsel for Central Ver­ Co. (Illinois), all as more fully set forth 8:45 a.m.] in the application which is on file with

FEDERAL REGISTER, VOL. 33, NO. T44— THURSDAY, JULY 25, T968 10596 NOTICES the Commission and open to public On April 12,1968, Reading & Bates Off­ issued June 26, 1968, and published in inspection. shore Drilling Co. (operator) et al. the Federal R egister July 1, 1968 (F.R. Doc. 68-7942), 33 F.R. 9798, Docket No. Specifically, Applicant seeks authoriza­ (Reading) filed a proposed increase in .rate from 9 cents to 10 cents per Mcf, RI68-693 et al., the attached page was tion to: (1) Construct a meter station on inadvertently omitted from that order. its La Salle Sales Lateral No. 1 to re­ for a sale of natural gas to El Paso Nat­ place two existing meter stations located ural Gas Co. in the Permian Basin area G ordon M. G rant, approximately IV and 3 Mi miles, respec­ of New Mexico. The sale is made from Secretary. 2 the North Justis Blinebry and North tively, from Applicant’s main Amarillo Appendix A Line transmission pipeline on said La Justis Tubb Drinkard Fields, Lea County, Salle Sales Lateral No. 1 and its La Salle N. Mex. The proposed increase in rate Signal Oil and Gas Co. (Operator) (Sig­ was designated as Supplement No. 11 to nal) request waiver of the statutory notice Sales Lateral No. 3, a stub line therefrom, and a retroactive effective date of January 1, in La Salle County, 111.; (2) abandon the Reading’s FPC Gas Rate Schedule No. 2. Reading, by succession is a respondent 1968, for its proposed rate increase. Shell Oil two existing meter stations; (3) abandon Co. (Shell) requests an effective date erf its La Salle Sales Lateral No. 1 (except in the Permian Basin Area Rate Pro­ July 1, 1968, for its proposed rate increases. for the first 250 feet thereof) in La Salle ceeding, Docket No. AR61-1, under the Texaco, Inc. (Texaco) requests waiver of the County, 111.; (4) abandon its La Salle order to show cause issued therein. 34 statutory notice to permit its proposed rate Sales Lateral No. 3 in La Salle County, FPC 424. increase to become effective as of June 1, 111., by sale to Illinois the only customer Because Reading had not filed a qual­ 1968. Good cause has not been shown for ity statement for the subject sale of waiving the 30-day notice requirement pro­ being served by said facilities; and (5) vided in section 4(d) of the Natural Gas Act abandon its existing Depue meter station natural gas, the Commission by order dated May 9, 1968, suspended the pro­ to permit earlier effective dates for Signal, in Depue, 111., and appurtenant facilities posed increase in rate for a period of 1 Shell, and Texaco’s rate filings and such re­ thereto. quests are denied. day, ending May 14,1968. All of the producers’ proposed increased Total estimated cost of Applicant’s On May 27, 1968, Reading filed an ac­ rates and charges exceed the applicable area proposed facilities is $15,000, which cost ceptable quality statement which estab­ price levels for increased rates as set forth will be financed from cash on hand. lishes an applicable ceiling rate of 15.68 in the Commission’s statement of general Protests or petitions to intervene may cents per Mcf.1 Concurrently Reading policy No. 61-1, as amended (18 CFR 2.56). be filed with the Federal Power Commis­ filed with the quality statement a related [FIR. Doc. 68-8834; Filed, July 24, 1968; sion, Washington, D.C. 20426, in accord­ motion requesting that the proceeding in 8:45 a.m.] ance with the rules of practice and pro­ Docket No. RI68-613 be terminated and cedure (18 CFR 1.8 or 1.10) and the regu­ that it be relieved of any refund obliga­ lations under thè Natural Gas Act tion in the proceeding. [Docket No. RI69-10] (§ 157.10) on or before August 15, 1968. The Commission finds: The quality TESORO PETROLEUM CORP. Take further notice that, pursuant to statement filed by Reading on May 27, the authority contained in and subject 1968, should be accepted as filed, the Order Providing for Hearing on and to the jurisdiction conferred upon the proceeding in Docket No. RI68-613 Suspension of Proposed Change in Federal Power Commission by sections should be terminated, and Reading be Rate, and Allowing Rate Change 7 and 15 of the Natural Gas Act and the relieved of any refund obligation in the To Become Effective Subject to Commission’s rules of practice and pro­ proceeding. cedure, a hearing will be held without The Commission orders: Refund further notice before the Commission on (A) The quality statement filed by July 18,1968. this application if no protest or petition Reading on May 27, 1968, is accepted for Respondent named herein has filed a to intervene is filed within the time re­ filing as Supplement No. 12 to Read­ proposed change in rate and charge of a quired herein, if the Commission on its ing’s FPC Gas Rate Schedule No.-2, and currently effective rate schedule for the own review of the matter finds that a said quality statement is made effective sale of natural gas under Commission grant of the certificate and/or permis­ as of September 1, 1965. jurisdiction, as set forth in appendix A sion and approval for the proposed aban­ (B) The proceeding in Docket No. hereof. donment is required by the public con­ RI68-613 is terminated and Reading is The proposed changed rate and charge venience and necessity. If a protest or relieved of any refund obligation in said may be unjust, unreasonable, unduly petition for leave to intervene is timely proceeding, and Reading is severed from discriminatory, or preferential, or other­ filed, or if the Commission on its own the proceeding instituted by the order to wise unlawful. motion believes that a formal hearing is show cause (issued August 5, 1965, 34 The Commission finds: It is in the required, further notice of such hearing FPC 424) in the Permian Basin Area public interest and consistent with the will be duly given. Rate Proceeding, Docket No. AR61-1. Natural Gas Act that the Commission Under the procedure herein provided By the Commission. enter upon a hearing regarding the law­ for, unless otherwise advised, it will be fulness of the proposed change, and that unnecessary for Applicant to appear or [seal] G ordon M. G rant, the supplement herein be suspended and be represented at the hearing. Secretary. its use toe deferred as ordered below. G ordon M. G rant, [F.R. Doc 68-8833; Filed, July 24, 1968; The Commission orders: Secretary. 8:45 a.m.j (A) Under the Natural Gas Act, par­ ticularly sections 4 and 15, the regula­ [F.R. Doc. 68-8832; Filed, July 24, 1968; [Docket No. RI68-693, etc.] 8:45 a.m.] tions pertaining thereto (18 CFR Ch. I), SHELL OIL CO. ET AL. and the Commission’s rules of practice and procedure, a public hearing shall be [Docket No. RI68—613, etc.] Order Providing for Hearings on and held concerning the lawfulness of the - READING & BATES OFFSHORE Suspension of Proposed Changes proposed change. in Rates; Correction (B) Pending hearing and decision DRILLING CO. ET AL. thereon, the rate suplement herein is sus­ Order Severing and Terminating July 16,1968. pended and its use deferred until date Proceeding In order providing for hearings on and shown in the “Date Suspended Until suspension of proposed changes in rates, column, and thereafter until made ef­ July 18, 1968. fective as prescribed by the Natural Gas Reading & Bates Offshore Drilling Co. 1 Base rate of 14.44 cents per Mcf, Including Act: Provided, however, That the supple­ (operator) et al., Docket No. RI68-613; tax reimbursement, plus 1.24 cents per Mcf ment to the rate schedule filed by Re­ upward B.t.u. adjustment for 1,140 B.t.u. gas, spondent shall become effective subject area rate proceeding (Permian -Basin in accordance with the Oommission’s Opin­ Area, order to show cause), Docket No. ion No. 468, Permian Basin Area Rate Pro­ to refund on the date and in the manner herein prescribed if within 20 days from AR61-1. ceeding, Docket No. AR61—1, 34 FPC 159.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10597

the date of the issuance of this order Unless Respondent is advised to the con­ (D) Notices of intervention or peti­ Respondent shall execute and file under trary within 15 days after the filing of its tions to intervene may be filed with the its above-designated docket number with agreement and undertaking, such agree­ Federal Power Commission, Washington, the Secretary of the Commission its ment and undertaking shall be deemed to D.C. 20426, in accordance with the ruler, agreement and undertaking to comply have been accepted. of practice and procedure (18 CFR 1.8 with the refunding and reporting pro­ (C) Until otherwise ordered by theand 1.37(f)) on or before September 4, cedure required by the Natural Gras Act Commission, neither the suspended sup­ 1968. and § 154.102 of the regulations thereun­ plement, nor the rate schedule sought der, accompanied by a certificate showing to be altered, shall be changed until dis­ By the Commission. service of a copy thereof upon the pur­ position of this proceeding or expiration [seal] G ordon M. G rant, chaser under the rate schedule involved. of the suspension period. Secretary.

A ppendix A

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

RI69-10...... Tesoro Petroleum Corp., 533 11 4 Cities Service Gas Co. (East Ante- $4,000 6-19-68 2 7-20-68 3 7-21-68 8 15 0 * * « 16 0 Busby Dr., San Antonio, lope Mississippi Gas Field, Marion Tex. 78209. County, Kans.).

2 Basic contract dated after Sept. 28, 1960, the date of issuance of general policy 4 Periodic rate increase. statement No. 61-1 and proposed rate does not exceed 16-cent area initial rate ceiling. ! Pressure base is 14.65 p.s.i.a. 2 The stated effective date is the effective date proposed by Respondent 6 Subject to a downward B.t.u. adjustment. 3 The suspension period is limited to 1 day. The contract related to the rate filing of cause has not been shown for waiving the 30- Tesoro Petroleum Corp. (Tesoro) was exe­ day notice requirement provided in section 4 cuted subsequent to September 28, 1960, the (d) of the Natural Gas Act to permit earlier SECURITIES AND EXCHANGE date of issuance of the Commission’s state­ effective dates for Sarkeys and Calvert’s rate ment of general policy No. 61-1, as amended, filings and such requests are denied. COMMISSION and the proposed increased rate of 16 cents Texaco, Inc. (Texaco), proposes a periodic per Mcf exceeds the area increased rate rate increase from 13 cents to 14 cents per AMERICAN CHECKMASTER SYSTEM, ceiling of 11 cents per Mcf for Kansas, but Mcf, amounting to $13,062 annually, for a INC. does not exceed the initial service ceiling of wellhead sale of gas to Phillips Petroleum 16 cents per Mcf established for the area Co. (Phillips) from the Texas Hugoton Order Suspending Trading involved. We believe, in this situation, Field, Moore and Sherman Counties, Tex. Tesoro’s proposed rate filing should be sus­ (Railroad District No. 10). Phillips gathers July 19,1968. pended for 1 day from July 20, 1968, the and processes the gas and resells the residue proposed effective date. It appearing to the Securities and Ex­ gas to either of two interstate pipeline com­ change Commission that the summary [F.R. Doc. 68-8836; Piled, July 24, 1968; panies. Phillips resale rates are both in suspension of trading in the common 8:45 am .] effect subject to refund.13 Although the pro­ posed increase is not dependent upon a stock of American Checkmaster System, corresponding increase in rate by Phillips, Inc., Houston, Tex., being traded other­ [Docket Nos. RI68-698, etc.] it does exceed the applicable area Increased wise than on a national securities ex­ rate ceiling of 11 cents per Mcf for Texas change is required in the public interest TEXACO, INC., ET AL. Railroad District No. 10 as announced in and for the protection of investors: the Commission’s statement of general Order Providing for Hearing on and It is ordered, Pursuant to section policy No. 61-1, as amended. Consistent with 15(c) (5) of the Securities Exchange Act Suspension of Proposed Changes in prior Commission action on similar sales to Phillips, Texaco’s proposed rate increase of 1934, that trading in such securities Rates, and Allowing Rate Changes should be suspended for 1 day from July 21, otherwise than on a national securities To Become Effective Subject to Re­ 1968, the proposed effective date. exchange be summarily suspended, this fund; Correction Sarkeys and Calvert’s proposed rate in­ order to be effective for the period July creases are for tax reimbursement only 21, 1968, through July 30, 1968, both July 16, 1968. exceed the area increased rate ceilings of dates inclusive. In order providing for hearing on and 11 cents per Mcf for Oklahoma “Other” and suspension of proposed changes in rates, Panhandle Areas as announced in the Com­ By the Commission. mission’s statement of general policy No. and allowing rate changes to become ef­ [seal] Nellye A. T horsen, fective subject to refund, issued June 27, 61—1, as amended, and should be suspended. Since the proposed increases relate to tax Assistant Secretary. 1968, and published in the F ederal R eg­ reimbursement only, we conclude that they ister July 6, 1968 (F.R. Doc. 68-8008), [F.R. Doc. 68-8864; Filed, July 24, 1968; should be suspended for 1 day from July 11, 8:48 a.m.] 33 F.R. 9799, Docket Nos. RI66-698 et al., 1968 (Sarkeys), and July 7, 1968 (Calvert), the attached page was inadvertently the dates of expiration of the statutory omitted from that order. notice. [File No. 1-3909] G ordon M. G rant, [F.R. Doc. 68-8835; Filed, July 24, 1968; BSF CO. Secretary. 8:45 a.m.] A ppendix A Order Suspending Trading Sarkeys, Inc. (Operator) et al., (Sarkeys) 13 The dedicated acreage is in the area July 19,1968. request waiver of the statutory notice to per­ where the gas could go to Phillips’ Sherman, mit their proposed rate increase to become or Dumas Plants for processing. Phillips re­ The capital stock (66% cents par effective as of June 15, 1968. Calvert-Mid sells the gas in the area from its Sherman value) and the 5% percent convertible America, Inc., and Calvert Exploration Co. Plant to Michigan Wisconsin Pipe T.inp Co, subordinated debentures due 1969 of (Operator) et al., (both referred to herein under its FPC Gas Rate Schedule No. 4 and as Calvert) request waiver of the statutory from its Dumas Plant to El Paso Natural Gas BSF Co. being listed and registered on notice to permit their proposed rate increases Co. under its FPC Gas Rate Schedule No. 32 the American Stock Exchange, and such to become effective “immediately”. Good at rates which are in effect subject to refund. capital stock being listed and registered

No. 144—Pt. FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, T968 10598 NOTICES on the Philadelphia-Baltimore-Wash­ stock of Rover Shoe Co., Bushnell, Fla., other reports of investigations of condi­ ington Stock Exchange pursuant to pro­ and stock purchase warrants of Rover tions in the area affected; visions of the Securities Exchange Act of Shoe Co. being traded otherwise than on Whereas, after reading and evaluating 1934; and all other securities of BSP Co. a national securities exchange is re­ reports of such conditions, I find that being traded otherwise than on a na­ quired in the public interest and for the the condition in such area constitute tional securities exchange; and protection of investors; a catastrophe within the purview of the It appearing to the Securities and Ex­ It is ordered, Pursuant to section 15 Small Business Act, as amended. change Commission that the summary, (c) (5) of the Securities Exchange Act Now, therefore, as Acting Adminis­ suspension of trading in such securities of 1934, that trading in such securities trator of the Small Business Administra­ on such exchanges and otherwise than otherwise than on a national securities tion, I hereby determine that: on a national securities exchange is re­ exchange be summarily suspended, this 1. Applications for disaster loans un­ quired in the public interest and for the order to be effective for the period July der the provisions of section 7(b)(1) of protection of investors; 20, 1968, through July 29, 1968, both the Small Business Act, as amended, may It is ordered, Pursuant to sections dates inclusive. be received and considered by the office 15(c) (5) and 19(a) (4) of the Securities By the Commission. below indicated from persons or firms Exchange Act of 1934, that trading in whose property, situated in the aforesaid the said common stock on such ex­ [seal] Nellye A. "Thorsen, county, and areas adjacent thereto, suf­ changes and in the debenture on the Assistant Secretary. fered damage or destruction resulting American Stock Exchange, and trading [P.R. DOC. 68-8865; Plied, July 24, 1968; from floods occurring on or about otherwise than on a national securities 8:48 a.m.] July 16,1968. exchange be summarily Suspended, this Office order to be effective for the period July [File No. 1-2879] Small Business Administration Regional Of­ 19, 1968, at 10:45 a.m., e.d.t., through fice, 1616 19th Street, Lubbock, Tex. 79401. July 28, 1968, both dates inclusive. ROYSTON COALITION MINES, LTD. 2. Applications for disaster loans under By the Commission. Order Suspending Trading the authority of this Declaration will not be accepted subsequent to Janu­ [SEAL] Nellye T horsen, July 19,1968. A. ary 31,1969. Assistant Secretary. The capital stock 1-cent par value of [P.R. Doc. 68-8868; Piled, July 24, 1968; Royston Coalition Mines, Ltd., being Dated: July 18,1968. 8:48 a.m.] listed and registered on the Salt Lake H oward Greenberg, Stock Exchange pursuant to provisions of Acting Administrator. the Securities Exchange Act of 1934 and [Pile No. 1-4672] [P.R. Doc. 68-8869; Piled, July 24, 1968; all other securities of Royston Coalition 8:49 a.m.] CAMEO-PARKWAY RECORDS, INC. Mines, Ltd., being traded otherwise than on a national securities exchange; and Order Suspending Trading It appearing to the Securities and Ex- AMERICAN BUSINESS CAPITAL CORP. hange Commission that the summary July 19, 1968. suspension of trading in such securities ET AL. The common stock, 10 cents par value, on such Exchange and otherwise than on Notice of License Revocations of Cameo-Parkway Records, Inc., being a national securities exchange is re­ listed and registered on the American quired in the public interest and for the Notice is hereby given that the corpo­ Stock Exchange pursuant to provisions protection of investors: rations listed below, each licensed by the of the Securities Exchange Act of 1934 Small Business Administration (SBA) and. all other securities of Cameo-Park­ It is ordered, Pursuant to sections 15 to operate solely as small business in­ way Records, Inc., Philadelphia, Pa., be­ (c)(5) and 19(a)(4) of the Securities vestment companies (SBICs) under the Exchange Act of 1934, that trading in Small Business Investment Act of 1958, ing traded otherwise than on a national such securities on the Salt Lake Stock securities exchange; and as amended (Act) were defendents in It appearing to the Securities and Ex­ Exchange and otherwise than on a na­ civil actions brought by the Small Busi­ tional securities exchange be summarily ness Administration. The complaint in change Commission that the summary suspended, this order to be effective for suspension of trading in such securities each action alleged among other matters on such Exchange and otherwise than the period July 20, 1968, through July violations of the Act and the SBA regula­ on a national securities exchange is re­ 29,1968, both dates inclusive. tions promulgated thereunder (regula­ quired in the public interest and for the By the Commission. tions). In each action the court deter­ protection of investors: [ seal] Nellye A. T horsen, mined and adjudged that the respective It is ordered, Pursuant to sections 15 Assistant Secretary. corporation had violated, or failed to (c)(5) and 19(a)(4) of the Securities [FJR. Doc. 68-8866; Piled, July 24, 1968; comply with, tL^ Act and the regula­ Exchange Act of 1934, that trading in 8:48 a.m.] tions; in addition, the court appointed such securities on the American Stock SBA as receiver. Exchange and otherwise than on a na­ Name: American Business Capital Corp. tional securities exchange be summarily Location: Los Angeles, Calif. suspended, this order to be effective for SMALL BUSINESS Licensing date: Sept. 1, 1960. the period July 22,1968, through July 31, icense No.: 14-0010. . . 1968, both dates inclusive. iourt, Docket No., and date of court order. ADMINISTRATION U.S. District Court for the Central District By the Commission. [Declaration of Disaster Loan Area677]» of California, Civil Action No. 67-2l¿ r. [ seal] Nellye A. T horsen, TV/Tott 1R 1QR7. Assistant Secretary. TEXAS tion: Denver, Colo, [P.R. Doc. 68-8867; Piled, July 24, 1968; Declaration of Disaster Loan Area asing date: Sept. 28, 1961. 8:48 a.m.] Whereas, it has been reported that use No.: 11-0009. •t, Docket No., and date of court order. during the month of July 1968, because S. District Court for the District of ROVER SHOE CO. of the effects of certain disasters, damage dorado, Civil Action No. 66-C-266, Order Suspending Trading resulted to residences and business prop­ erty located in the county of Collings­ !e: California Capital Corp. (formerly July 19, 1968. jrthern California Cap. Corp.). worth, in the State of Texas; ition: Orange, Calif, It appearing to the Securities and Ex­ Whereas, the Small Business Adminis­ nsing date: Feb. 26, 1962. change Commission that the summary nse No.: 12—0058. suspension of trading in the common tration has investigated and has received

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10599

Court, Docket No., and date of court order: Name: Cambridge Capital Corp. Court, Docket No., and date of court order: U.S. District Court for the Central District Location: Boston, Mass. U.S. District Court for the Northern Dis­ of California, Civil Action No. 66-347-F. Licensing date: June 6, 1961. trict of Florida, Civil Action No. 66-238. Jan. 30, 1967. License No. : 01-0016. Jan. 18, 1967. Name: Capital Infusion, Inc. Court, Docket No., and date of court order: Name: Florida Equity Investments, Inc. Location: San Diego, Calif. U.S. District Court for the District of Location: St. Petersburg, Fla. Licensing date: July 31, 1961. Massachusetts, Civil Action No. 67-15-J, Licensing date: May 15, 1961. License No.: 14-0027 June 27, 1967. License No.: 05-0032. Court, Docket No., and date of court order: Name: Hartford Small Business Capital Corp. Court, Docket No., and date of court order: U.S. District Court for the Central District Location : Pine Meadow, Conn. U.S. District Court for the Middle District of California, Civil Action No. 3566-SD-C, Licensing date: Feb. 8, 1962. of Florida, Civil Action No. 67-416, Dec. 2, Dec. 8, 1966. License No.: 02-0087. 1966. Name: First Preferred Capital Investment Court, Docket No., and date of court order: Name: Eastern Small Business Investment Corp. U.S. District Court for the District of Con­ Corp. Location: Anaheim, Calif. necticut, Civil Action No. 11099, Feb. 16, Location: Atlanta, Ga. Licensing date: Nov. 16,1961. 1967. Licensing date: Apr. 23, 1962. License No.: 14-0025. Name: Union Capital Corp. , License No.: 02-0165. Court, Docket No., and date of court order: Location: Boston, Mass. Court, Docket No., and date of court order: U.S. District Court for the Central District Licensing date: Apr. 6,1961. U.S. District Court for the District of of California, Civil Action No. 66-1064r-TC, License No.: 01-0012. Georgia, Civil Action No. 11168, Jan. 9, 1968. Jan. 30, 1967. Court, Docket No., and date of court order: Name: First Southern Investment Co., Inc. Name: Harvard Small Business Investment U.S. District Court for the District of Location: St. Petersburg, Fla. Co. Massachusetts, Civil Action No. 66-852-W, Licensing date: June 5, 1959. Location: San Francisco, Calif. Jam. 3, 1967. License No.: 05-0005. Licensing date: Sept. 8, 1961. Name: Capital Interests Corp. Court, Docket No., and date of court order: License No.: 14-0015. Location : King of Prussia, Pa. U.S. District Court for the Middle District Court, Docket No., and date of court order: Licensing date: May 16, 1962. of Florida, Civil Action No. 67-381, Jan. 15, U.S. District Court for the Central District License No.: 03-0045. 1968. of California, cavil Action No. 68-398-WPG Court, Docket No., and date of court order: Name: Cascade Capital Corp. May 23, 1968. U.S. District Court for the Eastern District Location: Spokane, Wash. Name: Mutual Equity Capital Corp. of Pennsylvania, Civil Action No. 41656, Licensing date: Apr. 26,1961. Location: Los Angeles, Calif. July 27, 1967. License No.: 13-0004. Licensing date: Dec. 24, 1963. Name: Cleveland Small Business Investment Court, Docket No., and date of court order: License No.: 14-0048. Co. U8. District Court for the Eastern District Court, Docket No., and date of court order: Location : Cleveland, Ohio. of Washington, Civil Action No. 2998, US. District Court for the Central District Licensing date : Jan. 8, 1960. May 11,1967. of California, Civil Action No. 66-1933- License No.: 06-0002. Name: New Capital Investments, Inc. WPG, June 21,1967. Court, Docket No., and date of court order: Location: San Francisco, Calif. Name: Newman Capital Corp. U.S. District Court for the Northern Dis­ Licensing date: Sept. 26, 1961. Location: Denver, Colo. trict of Ohio, Civil Action No. 66-925, Dec. License No.: 12-0049. Licensing date: June 28, 1963. 12, 1966. Licensing No.: 11-0022. Court, Docket No., and date of court order: Name: First Central Penn Investment Corp. U.S. District Court for the Northern Court, Docket No., and date of court order: Location: Lancaster, Pa. District of California, Civil Action, No. U.S. District Court for the District of Licensing date: Aug. 6, 1962. 47062, June 2,1967. Colorado, Civil Action No. 66-C-195, Feb. License No.: 03-0043. 13,1967. Name: Science Investment Co. Court, Docket No., and date of court order: Location: San Francisco, Calif. Name: Reliance Small Business Investment U.S. District Court for the Middle District Licensing date: July 27,1961. Corp. of Florida, Civil Action No. 67-381, Jan. 15, Location: Scottsdale, Ariz. License No.: 12—0037. 1968. Court, Docket No.,.and date of court order: Licensing date: Feb. 20,1962. Name : First Equity Capital Corp. License No.: 14r-0026. U.S. District Court for the Northern Location : Rahway, N.J. District of California, Civil Action No. Court, Docket No., and date of court order: Licensing date: Apr. 16, 1961. 46849, Aug. 3, 1967. U.S. District Court for the District of License No.: 02-0069. Arizona, Civil Action No. 6144-PHX, Jan. 5, Name: Stanford Capital Corp. 1967. Court, Docket No., and date of court order: Location: San Francisco, Calif. Name: San Francisco Capital Corp. U.S. District Court of the District of New Licensing date: July 13,1962. Location: Los Angeles, Calif. Jersey, Civil Action No. 901-66, Nov. 22, License No.: 12-0059. Licensing date: Nov. 13, 1961. 1966. Court, Docket No., and date of court order: License No.: 12-0028. Name: Kohler Capital Corp. U.S. District Court for the Northern Location: Brooklyn, N.Y. District of California, Civil Action No. Court, Docket No., and date of court order: Licensing date: Jan. 17,1963. U.S. District Court for the Central District 46845, June 26, 1967. of California, Civil Action No. 66-186-F, License No.: 02-0206. Name: Greater Michigan Investment Co. June 13, 1967. Court, Docket No., and date of court order: Location: Detroit, Mich. Name: Technology Investors, Inc. (formerly U.S. District Court for the Eastern District Licensing date: May 29,1962. Southeast Business Investment Corp.). of New Y6rk, Civil Action No. 66-C-1040, License No.: 15-0014. Location: Arcadia, Calif. Aug. 19, 1967. Court, Docket No., and date of court order: Licensing date: Feb. 10, 1960. Name: Newton Capital Corp. U.S. District Court for the Eastern District License No.: 14-0008. Location: New York, N.Y. of Michigan, Civil Action No. 28587, Court, Docket No., and date of court order: Licensing date: Mar. 30, 1961. Dec. 13,1966. U.S. District Court for the Central District License No. : 02-0072. Name: Security Capital Corp. (formerly of California, Civil Action No. 66-1860-CC, Court, Docket No., and date of court order: Delta Capital Corporation). Dec. 7, 1967. U.S. District Court for the Southern Dis­ Location: Walnut Creek, Calif. Name: Westwood Capital Co. trict of New York, Civil Action No. 67-CIV- Licensing date: July 24,1981. Location: Van Nuys, Calif. 2365, July 19, 1967. License No.: 12-0038. Licensing date; May 29, 1962. Name: Westchester Capital Corp. Court, Docket No., and date of court order: License No.: 14-0059. Location: New York, N.Y. U.S. District Court for the Northern Court, Docket No., and date of court order: Licensing date: July 5,1961. District of California, Civil Action No. U.S. District Court for the Central District 46850, May 15, 1967. of California, Civil Action No. 67-780-TC, License No.: 02-0086. Name: Western States Small Business In­ June 5,1967. Court, Docket No., and date of court order: vestment Co. Name: American Capital Corp. U.S. District Court for the Southern Dis­ Location: Oakland, Calif. Location: Brookline, Mass. trict of New York, Civil Action No. 66-CTV- Licensing date: Jan. 22, 1962. 1520, Dec. 5, 1966. Licensing date: Apr. 18, 1962. License No.: 12-0078. License No.: 01-0028. Name : Clearwater Capital Corp. Court, Docket No., and date of court order: Location: Clearwater, Fla. Court, Docket No., and date of court order: U.S. District Court for the District of Mas­ U.S. District Court for the Northern sachusetts, Civil Action No. 66-837-F, July Licensing date: Dec. 24, 1963. District of California, Civil Action No. 10, 1967. License No.: 05-0083. 46846, Feb. 7,1968.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10600 NOTICES

Name: Wilshire Capital Corp. Procedures, published in the Federal Location: Los Angeles, Calif. INTERSTATE COMMERCE R egister issue of May 3, 1966. This as­ Licensing date: May 11,1961. signment will be by Commission order License No.: 14—0019. COMMISSION which will be served on each party of Court, Docket No., and date of court order: record. U.S. District Court for the Central District {Notice 1202] of California, Civil Action No. 66-1862-TC, The publications hereinafter set forth May 12,1967. MOTOR CARRIER, BROKER, WATER reflect the scope of the applications as Name: United Midwestern Capital Corp. filed by applicants, and may include de­ Location: Oklahoma City, Okla. CARRIER AND FREIGHT FOR­ scriptions, restrictions, or limitations Licensing date: Jan. 10,1962. WARDER APPLICATIONS which are not in a form acceptable to License No.: 10-0078. the Commission. Authority which ulti­ Court, Docket No. and date of court order: July 19, 1968. U.S. District Court for Western District The following applications are gov­ mately may be granted as a result of the of Oklahoma, Civil Action No. 67-26, Jan. erned by Special Rule 1.2471 of the Com­ applications here noticed will not neces­ 11, 1968. mission’s general rules of practice (49 sarily reflect the phraseology set forth in Name: Grocers Investment Corp. CFR, as amended), published in the the application as filed, but also will eliminate any restrictions which are not Location: Houston, Tex. F ederal R egister issue of April 20, 1966, Licensing date: Oct. 18, I960. acceptable to the Commission. License No.: 10-0029. effective May 20, 1966. These rules pro­ vide, among other things, that a protest No. MC 531 (Sub-No. 239), filed July Court, Docket No., and date of court order: 5, 1968. Applicant: YOUNGER BROTH­ U.S. District Court for the Southern Dis­ to the granting of an application must trict of Texas, Civil Action No. 67-H-167, be filed with the Commission within 30 ERS, INC., 4904 Griggs Road, Houston, June 1,1967. days after date of notice of filing of the Tex. 77021. Applicant’s representative: Name: Gulf Investors, Inc. application is published in the F ederal Wray E. Hughes (same address as ap­ Location: Navasota, Tex. R egister. Failure seasonably to file a plicant). Authority sought to operate Licensing date: July 27,1961. protest will be construed as a waiver of as a common carrier, by motor vehicle, License No.: 10-0053. over irregular routes, transporting: Cl) Court, Docket No., and date of court order: opposition and participation in the pro­ ceeding. A protest under these rules Liquid synthetic plastics, in bulk, in tank U.S. District Court for the Southern Dis­ 111., trict of Texas, Civil Action No. 67-H-650, should comply with § 1.247(d) (3) of the vehicles, from Meredosia, to Albu­ (2) Nov. 3,1967. rules of practice which requires that it querque, N. Mex., and liquid chem­ Name: Partake Capital Corp. set forth specifically the grounds upon icals, in bulk, in tank vehicles, from Location: Oklahoma City, Okla. which it is made, contain a detailed Bridgeport, N.J.; Cincinnati, Ohio; Licensing date: Apr. 9, 1964. statement of protestant’s interest in the Kearny, N.J.; Springfield, Mass.; Tren­ License No.: 10-0140. proceeding (including a copy of the ton, Mich.; and Nitro, W. Va., to points Court, Docket No., and date of court order: specific portions of its authority which in California. Note: Common control UjS. District Court for the Western Dis­ may be involved. If a hearing is deemed trict of Oklahoma, Civil Action No. 67-307, protestant believes to be in conflict with that sought in the application, and de­ necessary, applicant requests it be held Feta.13,1968. at Houston, Tex. Name: Texas Business Investment Co. scribing in detail the method—whether by joinder, interline, or other means— No. MC 531 (Sub-No. 240), filed July Location: Houston, Tex. 5, 1968. Applicant: YOUNGER BROTH­ Licensing date: Sept. 21,1961. by which protestant would use such, au­ thority to provide all or part of the serv­ ERS, INC., 4904 Griggs Road, Houston, License No.: 10—0068. ice proposed), and shall specify with Tex. 77021. Applicant’s representative: Court, Docket No., and date of court order: Wray E. Hughes (same address as U.S. District Court for the Southern Dis­ particularity the facts, matters, and trict of Texas, Civil Action No. 67-H-816, things relied upon, but shall not include above). Authority sought to operate as a Dec. 29, 1967. , ' issues or allegations phrased' generally. common carrier, by motor vehicle, over Name: Sullivan Investment Corp. Protests not in reasonable compliance irregular routes, transporting: Chemi­ Location: Houston, Tex. with the requirements of the rules may cals, in bulk, in tank vehicles, from the plantsite of E. I. duPont de Nemours & Licensing date: July 13,1961. be rejected. The original and one copy of the protest shall be filed with the Com­ Co., Pineville (Rapides Parish), La., to License No.: 10-0060. points in Arkansas, Mississippi, and Court, Docket No., and date of court order: mission, and a copy shall be served con­ U.S. District Court for the Southern Dis­ currently upon applicant’s representa­ Texas. Note: Common control may be trict of Texas, Civil Action No. 67-H-88, tive, or applicant if no representative is involved. If a hearing is deemed neces­ Jan., 18, 1968. named. If the protest includes a request sary, applicant requests it be held at Section 308(d) of the Act provides that for oral hearing, such requests shall Houston, Tex. the license of a small business investment meet the requirements of § 1.247(d) (4) No. MC 1477 (Sub-No. 5 ) , filed June 28, company may be forfeited if such com­ of the special rules, and shall include the 1968. Applicant: YORKOFF TRUCKING pany is determined and adjudged by a certification required therein. CORP., 180 Erie Street, Jersey City, court of the United States to have vio­ Section 1.247(f) of the Commission’s N.J. 07302. Applicant’s representative: lated the provisions of the Act. rules of practice further provides that Charles J. Williams, 47 Lincoln Park, Pursuant to the above authority, and each applicant shall, if protests to its Newark, N.J. 07102. Authority sought to subsequent to the determination and application have been filed, and within operate as a contract carrieri by motor adjudication of the Court in each noted 60 days of thè date of this publication, vehicle, over irregular routes, transport^ case, SBA reyoked the licenses of the notify the Commission in writing (1) ing: Meats, meat products, and meat by­ corporations identified above and, ac­ that it is ready to proceed and prosecute products, dairy products, and articles dis­ cordingly, all powers, privileges, rights the application, or (2) that it wishes to tributed by meat packinghouses, as de­ and franchises heretofore derived from withdraw the application, failure in scribed in sections A, B, and C of ap­ which the application will be dismissed pendix I to the report in Descriptions in such licenses have been forfeited. by the Commission. Motor Carrier Certificates, 61 M.C.C. This notice shall be published in the Further processing steps (whether 209 and 766; (1) between New York, F ederal R egister and a copy thereof modified procedure, oral hearing, or N.Y., on the one hand, and, on the other, furnished to the receiver in each case. other procedures) will be determined points in Westchester, Nassau, Suffolk, Dated: July 17, 1968. generally in accordance with the Com­ Orange, Rockland, Putnam, Dutchess, mission’s General Policy Statement Ulster, and Sullivan Counties, N.Y.; Phil­ For the Small Business Administration. Concerning Motor Carrier Licensing adelphia, Bucks, Delaware, Northamp­ G lenn R . B rown, ton, Montgomery, and Chester Counties, Pa.; Fairfield and New Haven Counties, Associate Administrator 1 Copies of Special Rule 1.247 (as amended) for Investment. Conn.; New Castle and Kent Counties, can be obtained by writing to the Secretary, Del.; and points in New Jersey (except [F.R. Doc. 68-8870; Filed, July 24, 1968; Interstate Commerce Commission, Washing­ 8:49 a.m.] ton, D.C. 20423. \ Jersey City and Newark, N.J.); and (2)

FEDERAL REGISTER, V.QL 33, NO. 144-— THURSDAY, JULY 25, 1968 NOTICES 10601

between Jersey City and Newark, N.J., on in that portion of Connecticut east (6) above described. Note: If a hearing the one hand, and, on the other, points of alternate U.S. Highway 5, restricted is deemed necessary, applicant requests in Putnam, Dutchess, Ulster, and Sul­ to traffic having a prior movement it be held at New Orleans, La., Houston livan Counties, N.Y.; Bucks, Montgom­ by motor or rail carrier. Note: Ap­ or Dallas, Tex., or Los Angeles or San ery, Delaware, Northhampton (except plicant states it now holds authority to Francisco, Calif. Easton), and Chester Counties, Pa.; Kent transport “magazines and parts of mag­ No. MC 8973 (Sub-No. 13), filed and New Castle Counties, Del.; Fairfield azines,” and “newspaper inserts and sup­ July 12, 1968. Applicant: METROPOLI­ (except Bridgeport, Danbury, and Stam­ plements and parts of said commodities” TANTRUCKING, INC., 2424 95th Street, ford) and New Haven (except New from and to the points hère involved. North Bergen, N.J. 07047. Applicant’s Haven) Counties, Conn., under contract The purpose of the instant application is representative: Charles J. Williams, 47 with Swift & Co. Note: Common con­ to permit applicant to provide a complete Lincoln Park, Newark, N.J. 07102. Au­ trol and dual operations may be involved. service by the clarification and modifica­ thority sought to operate as a common If a hearing is deemed necessary, appli­ tion of its commodity authorization. If a carrier, by motor vehicle, over irregular cant requests it be held at Newark, N.J., hearing is deemed necessary, applicant routes, transporting: (1) Composition or New York, N.Y. requests it be held at Boston, Mass. boards and materials and accessories No. MC 2452 (Sub-No. 10), filed No. MC 8948 (Sub-No. 81), filed July 3, used in the installation thereof, from July 12, 1968. Applicant: HAJEK 1968. Applicant: WESTERN GILLETTE, points in Henry County, Term., to points TRUCKING CO., INC., 7635 West Lawn­ INC., 2550 East 28th Street, Post Office in Virginia, West Virginia, Maryland, dale Avenue, Summit, 111. 60502. Appli­ Box 58267, Los Angeles, Calif. 90058. Ap­ Delaware, Pennsylvania, New Jersey, cant’s representative: Eugene L. Cohn, plicant’s representative: Theodore W. Connecticut, New York, Massachusetts, 1 North La Salle Street, Chicago, 111. Russell, 1545 Wilshire Boulevard, Los Rhode Island, Maine, Vermont, New 60602. Authority sought to operate as a Angeles, Calif. 90017. Authority sought to Hampshire, Tennessee, and the District common carrier, by motor vehicle, over operate as a common carrier, by motor of Columbia, and (2) materials used in irregular routes, transporting: Printed vehicle, over regular routes, transport­ the manufacture and distribution of matter and materials, supplies, and ing: General commodities (except classes composition boards, from points in the equipment used in the maintenance and A and B explosives, other than explosive, States named in (1) above, to points in operation of printing houses, between incendiary, gas, smoke, or tear-producing Henry County, Tenn. Note: If a hear­ the plantsite of R. R. Donnelley & Sons ammunition, and except livestock, arti­ ing is deemed necessary, applicant re­ Co., at or near Dwight (Livingston cles of unusual value, household goods quests it be held at Tampa Fla., Wash­ County) 111., on the one hand, and, on as defined by the Commission, commod­ ington, D.C., or New York, N.Y. the other, Jeffersonville, Ind., Piqua and ities in bulk, and those requiring special No. MC 10655 (Sub-No. 11), filed Cincinnati, Ohio, and points in Ohio on equipment), (1) between Houston, Tex., July 10, 1968. Applicant: ROETHLIS- and south of U.S. Highway 36 from the and New Orleans, La., over U.S. High­ BERGER TRANSFER COMPANY, a cor­ Indiana-Ohio State line to Piqua and way 90 and return over the same route, poration, Mohican Street, Shelby, Ohio. .on and west of U.S. Highway 25 from serving all intermediate points in Louisi­ Applicant’s representative: James R. Piqua to Cincinnati; and Holland, Grand ana; (2) between Houston, Tex., and La­ Stiverson, 50 West Broad Street, Colum­ fayette, La., over Interstate Highway 10 bus, Ohio 43215. Authority sought to Rapids, and Lansing, Mich., and points and return oveç the same route, serving in Michigan on and south of U.S. High­ operate as a common carrier, by motor all intermediate points in Louisiana; vehicle, over regular routes, transport­ way 16 from Grand Rapids to Lansing, (3) between Dallas, Tex., and New Or­ and on and west of U.S. Highway 27 ing: General commodities (except those leans, La., over Interstate Highway 20 of unusual value, and except dangerous from Lansing to the Michigan-Indiana to Shreveport, La., thence over U.S. High­ State line. Note : Applicant states a por­ explosives, household goods as defined in way 71 to junction U.S. Highway 190, Practices of Motor Common Carriers of tion of the territory sought can be thence over U.S. Highway 190 to Baton served over circuitous routes through Household Goods, 17 M.C.C. 467, com­ Rouge, La., thence over U.S. Highway 61 modities in bulk, commodities requiring the North Judson and San Pierre, Ind., to New Orleans, La., and return over the and Cook County, 111., gateways. If a special equipment, and those injurious or same route, serving the intermediate contaminating to other lading), between hearing is deemed necessary, applicant points of Shreveport and Alexandria, La., requests it be held at Chicago, HI. Shelby and Willard, Ohio, (1) from and all intermediate points on U.S. High­ Shelby over Ohio Highway 61 to junction No. MC 2633 (Sub-No. 53), filed July 5, way 190 and U.S. Highway 61, and the Ohio Highway 598, thence over Ohio >1968. Applicant: CROSSETT, INC., off-route points of Bossier City, and Highway 598 to junction Ohio Highway Post Office Box 946, Warren, Pa. 16365. Pineville, La., Louisiana Army Ammuni­ 194, thence over Ohio Highway 194 to Applicant’s representative: Ronald W. tion Plant (near Doyline, La.), and Eng­ Willard, and return over the same routes Malin, Bank of Jamestown Building, land Air Force Base (near Alexandria, serving no intermediate points, and (2) Jamestown, N.Y. 14701. Authority sought La.) ; (4) between Lafayette and Ope­ from Shelby over Ohio Highway 61 to to operate as a common carrier, by motor lousas, La., over U.S. Highway 167 and junction U.S. Highway 224, thence over vehicle, over irregular routes, trans­ return over the same route, serving all U.S. Highway 224 to Willard, and return porting: Petroleum products, in bulk, intermediate points; (5) between Ope­ oyer the same route, serving no interme­ from points in Steuben County, N.Y., to lousas, La., and junction U.S. Highways diate points. Note : If a hearing is deemed points hi Butler County, Pa. Note: Ap­ 71 and 190, over U.S. Highway 190 and necessary, applicant requests it be held at plicant indicates tacking possibilities return over the same route, serving all Columbus, Ohio. with its presently held authority under intermediate points; (6) between junc­ No. MC 19227 (Sub-No. 128), filed MC 2633 (Sub-No. 30) wherein it is tion U.S. Highway 190 and Louisiana July 5, 1968. Applicant: LEONARD authorized to operate in Pennsylvania. Highway 1 (near Baton Rouge, La.), and BROS. TRUCKING CO., INC., 2595 Applicant further states that no dupli­ junction U.S. Highway 90 and Louisiana Northwest 20th Street, Miami, Fla. 33152. cate authority is being sought. If a Highway 18 (near New Orleans, La.), Authority sought to operate as a common hearing is deemed necessary, applicant over Louisiana Highways 1 and 18, serv­ carrier, by motor vehicle, over irregular requests it be held at Washington, D.C. ing all intermediate points; (7) between routes, transporting: Internal combus­ No. MC 3874 (SUb-No. 14), filed junction U.S. Highways 71 and 165 (near tion engines (except aircraft), which July 12, 1968. Applicant: L. C. CORP., Alexandria, La.), and junction U.S. High- require the use of special equipment or doing business as GREY LINES, 25 Web­ .ways 165 and 90 (near Iowa, La.), over handling and parts, attachments, equip­ ber Street, Roxbury (Boston), Mass. U.S. Highway 165, serving no intermedi­ ment, materials, and supplies moving in '02119. A p p lica n t's representative: ate points except as otherwise author­ connection therewith, between East Charles W. Singer, 33 North Dear­ ized; (8) serving all points between Hartford and Southington, Conn., on the born Street, Chicago, 111. 60602. Au­ Baton Rouge and New Orleans, La., with­ one hand, and, on the other, points in thority sought to operate as a com- in the territory bounded by Louisiana the United States (except Alaska and yum carrier, by motor vehicle, over Highways 1 and 18, and by U.S. High­ Hawaii), restricted to traffic originating irregular routes, transporting: Printed ways 90, 61, and 190 as off-route points at or destined to plants and facilities of matter, from Boston( Mass., to points in connection with routes (1), (3), and United Aircraft Corp., and subsidaries in

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 4968 10602 NOTICES

Connecticut. Note: Common control cal refrigeration, between Monroeville described in sections A and C of appendix may be involved. Applicant states that (Allegheny County) Pa., on the one I to the report in Descriptions in Motor no duplicating authority is being sought. hand, and, on the other, points in Berke­ Carrier Certificates, 61 M.C.C. 209 and If a hearing is deemed necessary, appli­ ley, Grant, Hampshire, Hardy, Jefferson, 766; (1) from Denison, Iowa, to points in cant requests it be held at Washington, Mineral, Monongalia, Morgan, and Pres­ Wisconsin; and (2) from Fort Dodge, D.C., or Hartford, Conn. ton Counties, W. Va., Allegany, Carroll, Iowa, to points in Illinois. Note: If a No. MC 20872 (Sub-No. 11), filed Frederick, Garrett, and Washington hearing is deemed necessary, applicant July 8, 1968. Applicant: LIME CITY Counties, Md., and Clarke and Frederick requests it be held at Chicago, 111. TRUCKING COMPANY, INCORPO­ Counties, Va. Note: If a hearing is No. MC 59583 (Sub-No. 118), filed July RATED, 1455 Swan Street, Huntington, deemed necessary, applicant requests it 10, 1968. Applicant: THE MASON & Ind. 46750. Applicant’s representative: be held at Altoona, Pa. DIXON LINES, INCORPORATED, East­ Alki E. Scopelitis, 900 Circle Tower, In­ No. MC 51146 (Sub-No. 102), filed man Road, Kingsport, Tenn. 37660. Ap­ dianapolis, Ind. 46204. Authority sought July 3, 1968. Applicant: SCHNEIDER plicant’s representative: Clifford E. to operate as a common carrier, by motor TRANSPORT & STORAGE, INC., 817 Sanders, 321 East Center Street, Kings­ vehicle, over regular routes, transport­ McDonald Street, Green Bay, Wis. 54306. port, Tenn. 37669. Authority sought to ing: General commodities (except those Applicant’s representatives: Donald F. operate as a common carrier, by motor of unusual value, classes A and B explo­ Martin (same address as applicant) and vehicle, over regular routes, transport­ sives, livestock, household goods as de­ Charles Singer, 33 North Dearborn ing: General commodities (except those fined by the Commission, commodities in Street, Chicago, 111. 60602. Authority of unusual value, classes A and B explo­ hulk, and those requiring special equip­ sought to operate as a common carrier, sives, household goods as defined by the ment) , serving Syracuse, Ind., as an off- by motor vehicle, over irregular routes, Commission, commodities in bulk, com­ route point in connection with carrier’s transporting: Metal containers, and con­ modities requiring special equipment, and authorized regular route operations. tainer ends and accessories; and mate­ those injurious or contaminating to other Note: If a hearing is deemed necessary, rials and supplies used in connection with lading), serving the plantsite of General applicant requests it be held at Indian­ the manufacture and distribution of Electric Co. located at Hendersonville, apolis, Ind., or Chicago, HI. metal containers and container ends Tenn., which is approximately 12 miles No. MC 29988 (Sub-No. 114), filed July when moving with metal containers and north of Nashville, Tenn., on U.S. High­ 11, 1968. Applicant: DC INTERNA­ container ends from Detroit, Mich., to way 3 IE, as an intermediate point in TIONAL, INC., 45th Avenue at Jackson points in Connecticut, Delaware, Mary-, connection with applicant’s presently au­ Street, Denver, Colo. 80216. Applicant’s land, Massachusetts, New Jersey, New thorized regular route authority between representative: Arnold L. Burke, 39 South York, Pennsylvania, and Rhode Island. Chattanooga, Tenn., and Chicago, 111., La Salle Street, Chicago, 111. 60603. Au­ Note: If a hearing is deemed necessary, over U.S. Highways 41, 31E, 31, Alternate thority sought to operate as a common applicant requests it be held at Chicago, 31; Indiana Highways 144 and 135; U.S. carrier, by motor vehicle, over regular 111. Highway 52; and Indiana Highways 39 routes, transporting: General commodi­ No. MC 52709 (Sub-No. 303), filed and 38. Note: Common control may be ties (except those of unusual value, July T, 1968. Applicant: RINGSBY involved. If a hearing is deemed neces­ classes A and B explosives, household TRUCK LINES, INC., 3201 Ringsby sary, applicant requests it be held at goods as defined by the Commission, Court, Denver, Colo. 80216. Applicant’s Washington, D.C., or Nashville, Tenn. commodities in bulk, and those requir­ representative: Eugene Hamilton (same No. MC 64112 (Sub-No. 38), filed July ing special equipment), serving the Ford address as applicant). Authority sought 11, 1968. Applicant: NORTHEASTERN Motor Co. plantsite at the junction of to operate as a common carrier, by motor TRUCKING COMPANY, a corporation, Westport Road and Murphy Lane, Jef­ vehicle, over regular routes, transport­ 2508 Starita Road, Post Office Box 1493, ferson County, near Louisville, Ky., as ing : Explosives, blasting materials, Charlotte, N.C. 28201. Applicant’s repre­ an off-route point in connection with agents, and supplies; <1) between points sentative: John M. Dunn, Jr. (same ad­ applicant’s authorized regular route op­ and over the regular routes which appli­ dress as above). Authority sought to op­ erations. N ote: If a hearing is deemed cant is certificated for the transporta­ erate as a common carrier, by motor necessary, applicant requests it be held tion of general commodities (except ex­ vehicle, over irregular routes, transport­ at Chicago, ¿1. plosives), in MC 52709 and all effective ing: Textiles and textile products, from No. MC 42487 (Sub-No. «94), filed July sub numbers thereto, wherein applicant Farmville, N.C., to points in the New 3, 1968. Applicant: CONSOLIDATED is authorized to operate in California, York, N.Y., commercial zone, as defined FREIGHTWAYS CORPORATION OF Colorado, Illinois, Indiana, Iowa, Kansas, by the Commission. Note : If a hearing is DELAWARE, 175 Linfield Drive, Menlo Missouri, Nebraska, Nevada, Utah, and deemed necessary, applicant requests it Park, Calif. 94025. Applicant’s represent­ Wyoming, and subject to all route re­ be held at Charlotte, N.C. ative: A. John Warren, Post Office Box strictions, if any, as otherwise specified in said certificates; and (2) serving all No. MC 66194 (Sub-No. 9), filed July 3062, Portland, Oreg. 97208. Authority 11, 1968. Applicant: OWL TRUCK sought to operate as a common carrier, points not on its regular routes in Cali­ COMPANY, a corporation, 500 South Al­ by motor vehicle, over irregular routes, fornia, Colorado, Illinois, Indiana, Iowa, Kansas, Missouri, Nebraska, Nevada, ameda Street, Compton, Calif. 90224. transporting: Wine vinegar in bulk, in Applicant’s representative: Raymond A. tank vehicles, from Geyserville, Calif., to Utah, and Wyoming, as off-route points in connection with carrier’s regular route Greene, Jr., 405 Montgomery Street, San Chicago and Streator, 111. Note: Com­ Francisco, Calif. 64104. Authority sought operations. Note: mon control may be involved. If a hear­ Applicant states no to operate as a common carrier, by motor ing is deemed necessary, applicant re­ duplicate authority is being sought. Com­ vehicle, over irregular routes, transport­ quests it be held at San Francisco, Calif. mon control may be involved. If a hear­ ing: Gypsum plaster and gypsum wall No. MC 47760 (Sub-No. 6) , filed July ing is deemed necessary, applicant re­ board, from Blue Diamond, Nev., to _12, 1968. Applicant: DRENNING DELIV­ quests it be held at Denver, Colo r or points in Los Angeles, Orange, San Ber­ ERY SYSTEM, a corporation, 2300 North Washington, D.C. nardino, and Riverside Counties, Calif. Branch Avenue, Altoona, Pa. 16601. Ap­ No. MC 59367 (Sub-No. 59), filed July Note: If a hearing is deemed necessary, plicant’s representative: Paul S. Fore­ 9, 1968. Applicant: DECKER TRUCK applicant requests it be held at San Fran­ man, 1311 Twelfth Street, Altoona, Pa. LINE, INC., Post Office Box 915, Fort cisco or Los Angeles, Calif. 16601. Authority sought to operate as a Dodge, Iowa 50501. Applicant’s represent­ No. MC 73688 (Sub-No. 26) (Correc­ common carrier, by motor vehicle, over ative: Donald L. Stem, 630 City Na­ tion), filed June 27, 1968, published m tional Bank Building, Omaha, Nebr. irregular routes, trapsporting: Meat, Federal R egister issue of July 18, 1968, meat products, and meat byproducts and 68102. Authority sought to operate as a and republished, as corrected this issue. articles distributed by meat packing­ common carrier, by motor vehicle, over Applicant: SOUTHERN TRUCKING houses, as defined in sections A and C of irregular routes, transporting: Meats, CORPORATION, 1500 Orenda Road, appendix I to the report in Descriptions meat products, and meat byproducts (ex­ Post Office Box 7182, Memphis, Tenn. in Motor Carrier Certificates, 61 M.C.C. cept hides and commodities in bulk), and 38107. Applicant’s representative: articles distributed by meat packing­ 209, 766 (except such commodities in Charles H. Hudson, Jr., 833 Stahlman bulk) in vehicles equipped with mechani­ houses (except commodities in bulk), as

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10603

Building, Nashville, Tenn. 37201. Author­ James Building, Chattanooga, Tenn. No. MC 106644 (Sub-No. 89), filed ity sought to operate as a common car­ 37402. Authority sought to operate as a July 5, 1968. Applicant: SUPERIOR rier, by motor vehicle, over irregular common carrier, by motor vehicle, over TRUCKING COMPANY, INC., 2770 routes, transporting: (1) Building mate­ regular routes, transporting: General Peyton Road NW., Atlanta, Ga. 30321. rials (except lumber, steel, and commodi­ commodities (except those of unusual Applicant’s representative: Guy H. ties in bulk), between Lockland, Ohio, on value, classes A and B explosives, house­ Postell, 1273 West Peachtree Street NE., the one hand, and, on the other, points hold goods as defined by the Commission, Atlanta, Ga. 30309. Authority sought to in Kentucky and Tennessee; and (2) commodities in bulk, and those requir­ operate as a common carrier, by motor roofing materials, asphalt, siding, insu­ ing special equipment because of size or vehicle, over irregular routes, trans­ lating material, and accessories thereto, weight) ; (1) between Newport and porting: Iron and steel and iron and not -to exceed 10 percent of the total Greeneville, Tenn., over U.S. Highway steel articles, from Birmingham, Ala., to weight of the shipment (except lumber, 411, serving all intermediate points; and points in Texas. Note: If a hearing is steel, and commodities in bulk), from (2) between Knoxville and Greeneville, deemed necessary, applicant requests it Memphis, Tenn., to points in Illinois. Tenn., over U.S. Highway 11E, serving be held at Birmingham, Ala. Note: The purpose of this republication no intermediate points, as an alternate is to include the commodity “siding” in No. MC 107515 (Sub-No. 619), filed route for operating convenience only. July 10, 1968. Applicant: REFRIGER­ (2) above, which was erroneously omit­ Note: Applicant states no duplicate au­ ted. If a hearing is deemed necessary, ap­ ATED TRANSPORT CO., INC., Post Of­ thority is being sought. If a hearing is fice Box 10799 Station A, Atlanta, Ga. plicant requests it be held at Memphis, deemed necessary, applicant requests it Tenn., or Cincinnati, Ohio. be held at Knoxville, Tenn. 30310. Applicant’s representative: B. L. Gundlach (address same as applicant’s ). No. MC 83539 (Sub-No. 233), filed No. MC 103051 (Sub-No. 218), filed July 3, 1968. Applicant: C & H TRANS­ Authority sought to operate as a common July 5, 1968. Applicant: FLEET TRANS­ carrier, by motor vehicle, over irregular PORTATION CO., INC., 1935 West Com­ PORT COMPANY, INC., 1000 44th Ave­ merce Street., Dallas, Tex. 75222. Ap­ routes, transporting: Candy and con­ nue North, P.O. Box 7645. Applicant’s fectionery products from (1) Salem, Va„ plicant’s representative: W. T. Brunson, representative: R. H. Reynolds, Jr., 419 Northwest Sixth Street, Oklahoma to points in New York, Pennsylvania, New 604-09 Healey Building, Atlanta, Ga. Jersey, Delaware, Connecticut, Massa­ City, Okla. 73102. Authority sought to 30303. Authority sought to operate as a operate as a common carrier, by motor chusetts, Maryland, and the District of common carrier, by motor vehicle, over Columbia, and (2) from Fulton and New vehicle, over irregular routes, transport­ irregular routes, transporting: Commod­ ing: Conduit or pipe, with or without York, N.Y., to Salem, Va. Note: If a ities, in bulk, having a prior movement hearing is deemed necessary, applicant accessories, attachments, Or fittings, by rail, from points in Broward and other than cement asbestos, concrete, requests it be held in Atlanta, Ga., or Hillsborough Counties, Fla., to points in Washington, D.C. metal, or plastic, from the plantsites or Florida. Note: If a hearing is deemed warehouses of United Technology Cen­ necessary, applicant requests it be held No. MC 107882 (Sub-No. 13), filed July ter at or near Riverside and Sunnyvale, at Atlanta, Ga. 2, 1968. Applicant: ARMORED MOTOR Calif., to points in the United States, SERVICE CORPORATION, 160 Ewing- No. MC 104399 (Sub-No. 5), filed July ville Road, Trenton, N.J. 08638. Ap­ except Arizona, California, Hawaii, 8, 1968. Applicant: WARD FREIGHT Nevada, and Utah. Note: If a hearing is plicant’s representative: Nathan N. LINE, INC., Post Office Box 8, Greenville, Schildkraut, Post Office Box 1413, 143 deemed necessary, applicant requests it Ala. 36037. Applicant’s representative: be held at San Francisco, Calif., or East State Street, Trenton, N.J. 08607. Washington, D.C. Elisha C. Poole, Post Office Box 308, Authority sought to operate as a con­ Greenville, Ala. 36037. Authority sought No. MC 97699 (Sub-No. 26), filed July tract carrier, by motor vehicle, over ir­ to operate as a common carrier, by motor regular routes, transporting: Business 1, 1968. Applicant: BARBER TRANS­ vehicle, over irregular routes, transport­ PORTATION CO., a corporation, 321 papers, records, audits, accounting me­ Sixth Street, Rapid City, S. Dak. Appli­ ing: Ammonium nitrate and fertilizer dia, and records, data processing, book­ materials in bags (not in bulk), from keeping records, payrolls, checks, docu­ cant’s representative: Leslie R. Kehl, Yàzoo City and Pascagoula, Miss., to 420 Denver Club Building, Denver, Colo. ments, interoffice records and memo­ Greenville, Ala. Note : If a hearing is 80202. Authority sought to operate as a randa, billing, and office records, between deemed necessary, applicant requests it New York, N.Y., on the one hand, and, common carrier, by motor vehicle, over be held at Montgomery, or Birmingham, regular routes, transporting: General Ala. on the other, points in Passaic, Bergen, commodities (except livestock, household Morris, Hudson, Union, and Somer­ goods as defined by the Commission, No. MC 104523 (Sub-No. 41), filed set Counties, N.J., under contract with commodities in bulk, and those requiring July 15, 1968. Applicant: HUSTON New Jersey Hospital Association, and special equipment), between Chamber- TRUCK LINE, INC., Friend, Nebr. 68359. others. No te: Applicant-holds common lain and Sioux Falls, S. Dak.; (1) from Applicant’s representative: Earl H. carrier authority under MCC 125729, Chamberlain over U.S. Highway 16 to Scudder, Jr., Post Office Box 2028, 605 therefore dual operations may be in­ Sioux Falls, S. Dak., and return over the South 14th Street, Lincoln, Nebr. 68501. volved. If a hearing is deemed necessary, same route, serving all intermediate Authority sought to operate as a com­ applicant requests it be held at Trenton, points; (2) from Chamberlain over U.S. mon carrier, by motor vehicle, over ir­ N.J., or Washington, D.C. Highway 16 to junction South Dakota regular routes, transporting: (1) Prod­ No. MC 108703 (Sub-No. 25), filed July Highway 38 at Alexandria, S. Dak., ucts used in the agricultural, water treat­ 5, 1968. Applicant: LEE & EASTES TANK thence over South' Dakota Highway 38 ment, food processing, wholesale gro­ LINES, INC., 2418 Airport Way South, to Sioux Falls, S. Dak., and return over cery. and institutional supply industries, Seattle, Wash. 98134. Applicant's repre­ the same route serving no intermediate when shipped in mixed loads with salt sentative: George H. Hart, 1100 IBM Points; and (3) from Chamberlain, S. or salt products (presently authorized), Building, Seattle, Wash. 98101. Authori­ Dak., over U.S. Highway 16 to junction from Lyons, Kans., and points within ty sought to operate as a common carrier, Interstate Highway 90, thence over Inter­ 5, miles thereof to points in Iowa and by motor vehicle, over irregular routes, state Highway 90 to junction Interstate Wyoming; and (2) salt and salt products transporting: Sugar, in bulk, in shipper- Highway 29, thence south over Interstate and products used in the agricultural, owned trailers, -from the plantsite of Highway 29 to Sioux Falls, S. Dak., and water treatment, food processing, whole­ Utah and Idaho Sugar Co., at or near return over the same route serving no sale grocery and institutional supply Durham, Oreg., to Ridgefield, Wash. industries, when shipped in mixed loads intermediate points. Note: If a hearing Note: If a hearing is deemed necessary, is deemed necessary, applicant requests with salt and salt products, from Kanop- applicant requests it be held at Seattle’ it to be held at Sioux City, Iowa. olis, Kans., and points within 5 miles Wash. thereof to points in Iowa, Nebraska, No. MC 99208 (Sub-No. 8), filed July No. MC 109026 (Sub-No. 11), filed July H, 1968. Applicant: SKYLINE TRANS­ and Wyoming. Note: If a hearing is deemed necessary, applicant requests 11, 1968. Applicant: HALL K. DAVIS PORTATION, INC., 131 Quincy Avenue, AND LELLA H. DAVIS, PARTNERS, do- Knoxville, Tenn. 37917. Applicant’s rep­ it be held at Omaha, Nebr., or Kansas, ing business as BURKESVILLE TRANS­ resentative : Blaine Buchanan, 1024 City, Mo. FER COMPANY, Post Office Box 192,

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10604 NOTICES cles, from the plantsite of Sethness ai Glasgow, Ky. 42141. Applicant’s repre­ July 11, 1968. Applicant: ROBERTSON n< sentative: Walter Harwood, 515 Nash­ TRUCK-A-WAYS, INC., 7101 East Slau- Products Co. at Clinton, Iowa, to points in Alabama, Arkansas, Connecticut, at ville Bank & Trust Building, Nashyille, son Avenue, Los Angeles, Calif. 90022. Ap­ T Tenn. 37201. Authority sought to oper­ plicant’s representative: Phil Jacobson, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Ken­ ate as a common carrier, by motor ve­ 510 West Sixth Street, Los Angeles, Calif., Ji hicle, over regular routes, transporting: 90014. Authority sought to operate as tucky, Maryland, Louisiana, Maine, Massachusetts, Michigan, Minnesota, T General commodities (except those of a common carrier, by motor vehicle, over V unusual value, class A and B explosives, irregular routes, transporting: Farm and Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, U. household goods as defined by the Com­ industrial tractors, wheeled, with or with­ v< mission, and commodities in bulk), serv­ out attachments, and parts and acces­ North Carolina, Ohio, Oklahoma, Penn­ sylvania, Rhode Island, South Carolina, ir ing the Ford Motor Co. plantsite at the sories for- said units when moving with t( intersection of Westport Road and Mur­ said vehicles, in truckaway service, be­ Tennessee, Texas, Vermont, Virginia, West Virginia, and Wisconsin, restricted li phy Lane, Jefferson County, near Louis­ tween points in California, Arizona, Ne­ tl ville, Ky., in conjunction with carrier’s vada, and Utah. Note: Common control to traffic originating at the above-named plantsite and destined to the named C present authority to serve Louisville, Ky., may be involved. If a hearing is deemed si in conjunction with carrier’s present au­ necessary, applicant requests it be held States. N ote: If a hearing is deemed necessary, applicant requests it be held V thority to serve Louisville, Ky., in MC- at Los Angeles or San Francisco, Calif. n 109026, as an off-route point. Note: If a No. MC 110420 (Sub-No. 568), filed at Chicago, HI. No. MC 115331 (Sub-No. 255), filed E hearing is deemed necessary, applicant July 2, 1968. Applicant: QUALITY CAR­ d RIERS, INC., 100 South Calumet Street, July 2,1968. Applicant: TRUCK TRANS­ requests it be held at Louisville, Ky. PORT, INCORPORATED, 1931 North F No. MC 109326 (Sub-No. 97), filed Burlington, Wis. 53105. Applicant’s rep­ resentative: Allan B. Torhorst, Post Geyer Road, St. Louis, Mo. 63131. Appli­ P July 5, 1968. Applicant: C & D TRANS­ il Office Box 339, Burlington, Wis. 53105. cant’s representative: Thomas F. Kilroy, PORTATION CO., INC., Post Office 913 Colorado Building, 1341 G Street, n Drawer 1503, Mobile, Ala. 36601. Appli­ Authority sought to operate as a common a carrier, by motor vehicle, over irregular NW., Washington, D.C. 20005. Authority cant’s representative: Robert E. Keene sought to operate as a common carrier, (address same as applicant’s ). Author­ routes, transporting: Liquid chemicals, in bulk, from Janesville, Wis., to points by motor vehicle, over irregular routes, ' J ity sought to operate as a common car­ transporting: Silica sand and silica flour, I rier, by motor vehicle, over irregular in Iowa. Note : Applicant indicates tack­ ing possibilities with its Sub 321 at Clin­ from points in Izard and Independence ( routes, transporting: Frozen fruits and Counties, Ark., to points in Tennessee, I vegetables from points in Baldwin ton, Iowa. If a hearing is deemed neces­ sary, applicant requests it be held at Alabama, Aikansas, Mississippi, Louisi­ ( County, Ala., to points in California, Ne­ ana, Texas, Oklahoma, Missouri, and vada, Arizona, New Mexico, Nebraska, Madison, Wis., or Chicago, 111. < No. MC 111193 (Sub-No. 29), filed Kansas. Note: Common control and dual Kansas, Oklahoma, Texas, Iowa, Mis­ June 28, 1968. Applicant: PROTECTIVE operations may be involved. If a hearing t souri, Arkansas, Louisiana, Illinois, In­ MOTOR SERVICE COMPANY, INC., • is deemed necessary, applicant requests 1 diana, Kentucky, Tennessee, Mississippi, it be held at St. Louis, Mo., or Chicago, ] Ohio, Georgia, Florida, South Carolina, 725-29 South Broad Street, Philadelphia, Pa. 19147. Applicant’s representative: 111. I North Carolina, West Virginia, Virginia, John M. Demcisak, 1035 Land Title No. MC 115669 (Sub-No. 91), filed ] Maryland, Delaware, and the District of Building, Philadelphia, Pa. 19110. Au­ July 10, 1968. Applicant: HOWARD N. ! ] Columbia. Note: If a hearing is deemed DAHLSTEN, doing business as DAHL- : ] necessary, applicant requests it be held thority sought to operate as a contract carrier, by motor vehicle, over irregular STEN TRUCK LINE, Post Office Box 95, at Mobile, Ala. routes, transporting: Checks, payroll Clay Center, Nebr. 68933. Applicant’s No. MC 109584 (Sub-No. 145), filed records, business papers, reports, and representative: Donald L. Stem, 630 City July 10, 1968. Applicant: ARIZONA- records, and audit and accounting media National Bank Building, Omaha, Nebr. PACIFIC TANK LINES, 3201 Ringsby (excluding plant removals), between 68102. Authority sought to operate as a Court, Denver, Colo. 80216. Authority points in Dauphin County, Pa., on the common carrier, by motor vehicle, over sought to operate as a common carrier, one hand, and, on the other, points in irregular routes, transporting: (1) Salt by motor vehicle, over irregular routes, Prince Georges County, Md., under con­ and salt products, and (2) products used transporting: Liquid chemicals, in bulk tract with D & H Distributing Co., Inc. in agricultural, water treatment, food in tank vehicles, (1) between points in Note: Common control may be involved. processing, wholesale grocery, and in­ Arizona on the one hand, and, on the If a hearing is deemed necessary, appli­ stitutional supply in d u s t r ie s , when other, points in California and (2) from cant requests it be held at Philadelphia, shipped in mixed loads with salt and Aguila, Ariz., to Eugene and The Dalles, Pa., or Washington, D.C. salt products, from Kahopolis, Kans., ana Oreg., Springer, N. Mex., and Laramie, Na MC 111401 (Sub-No. 255), filed points within 5 miles thereof, to points Wyo. Note: Applicant states that no du­ July 8, 1968. Applicant: GROENDYKE in Arkansas, Colorado, Illinois, Iowa, plicating authority is being sought. If TRANSPORT, INC., 2510 Rock Island Kansas, Minnesota, Missouri, Montana, a hearing is deemed necessary, applicant Boulevard, Post Office Box 632, Enid, Nebraska, New Mexico, North Dakota, requests it be held at Phoenix, Ariz. Okla. 73701. Applicant’s representative: Oklahoma, South Dakota, Texas. Wis­ No. MC 109637 (Sub-No. 342), filed Alvin L. Hamilton (same address as ap­ consin, and Wyoming. Note : If a hearing July 1, 1968. Applicant: SOUTHERN plicant’s). Authority sought to operate is deemed necessary, applicant requests TANK LINES INC., Post Office Box 1047, as a common carrier, by motor vehicle, it be held at Omaha, Nebr. 4107 Bells Lane, Louisville, Ky. 40201. Ap­ over irregular routes, transporting: No. MC 115841 (Sub-No. 335), ffiea plicant’s representative: Harris G. An­ Liquid animal feed supplements, in bulk, July 10, 1968. Applicant: COLONIAL drew (same address as above). Authority from Arkansas City, Kans., and Enid, REFRIGERATED TRANSPORTATION, sought to operate as a common carrier, Okla., to points in Arkansas, Colorado, INC., 1215 West Bankhead Highway, by motor vehicle, over irregular routes, Kansas, Oklahoma, and Texas. Note: If Post Office Box 2169, Birmingham, Ala. transporting: Chemicals, in bulk, from a hearing is deemed necessary, applicant 35201. Applicant’s representative: C. points in Robertson County, Tenn., to requests it be held at Oklahoma City, Wesley (same address as applicants;. points in Alabama, Arkansas, Georgia, Okla., or Kansas City, Mo. Authority sought to operate as a cowm» Kentucky, Indiana, Illinois, Michigan, No. MC 114194 (Sub-No, 150), filed carrier, by motor vehicle, over irregui Missouri, Mississippi, North Carolina, July 12, 1968. Applicant: KRE3DER routes, transporting: Yeast, and relntea Ohio, South Carolina, Tennessee, and TRUCK SERVICE, INC., 8003 Collins­ bakery items (except in bulk), in venicie* Virginia. Note: Applicant states it in­ ville Road, East St. Louis, 111. 62201. equipped with mechanical refrigeration, tends to tack with any appropriate au­ Applicant’s representative: Gene Krei- from Belleville, N.J., to Lynchburg ana thority held, especially its present au­ der (same address as above). Authority Bristol, V a j Nashville and KnoxviU , thority in Sub 165. If a hearing is deemed sought to operate as a common carrier, Tenn.; and Birmingham, Ala. n o t e . necessary, applicant requests it be held by motor vehicle, over irregular routes, Applicant indicates tacking Passibil at Nashville, Tenn., or Birmingham, Ala. transporting: Syrup coloring (burnt with Its presently held authority Sub. 134, to enable service to Louisian No. MC 109772 (Sub-No. 25), filed sugar caramel), in bulk, in tank vehi­

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10605

and Mississippi. If a hearing is deemed Seattle, Wash. 98104. Authority sought to United Technology Center at Riverside necessary, applicant requests it be held operate as a common carrier, by motor and Sunnyvale, Calif., to points in Ari­ at Birmingham, Ala.; or Knoxville, vehicle, over irregular routes, transport­ zona, Nevada, and Utah. N ote: Common Tenn.; or Washington, D.C. ing: (1) Meats and meat products and control may be involved. If a hearing is No. MC 116763 (Sub-No. 133), filed articles distributed by meat packing­ deemed necessary, applicant requests it July 5, 1968. Applicant: CARL SUBLER houses as described in sections A and C be held at San Francisco, Calif., or TRUCKING, INC., North West Street, of appendix I to the report in Descrip­ Washington, D.C. Versailles, Ohio 45380. Authority sought tions in Motor Carrier Certificates, 61 No. MC 126686 (Sub-No. 3), filed July to operate as a common carrier, by motor M.C.C. 209 and 766; (2) foods, frozen, or 8, 1968. Applicant: L. & E. FREIGHT vehicle, over irregular routes, transport­ those requiring refrigeration; (3) dairy LINE, INC., Post Office Box AN, Limon, ing: Canned foodstuffs from Paris, Tex., products, frozen or requiring refrigera­ Colo. 80828. Authority sought to operate to points in Mississippi and South Caro­ tion; and (4) commodities, the transpor­ as a common carrier, by motor vehicle, lina restricted to traffic originating at tation of which would otherwise be over regular routes, transporting: Gen­ the plantsites and/or warehouses of the exempt from regulation pursuant to the eral commodities, between Denver and Campbell Soup Co. Note : Applicant provisions of section 203(b)(6) of the Limon, Colo., over Interstate Highway states it would tack with its Sub 56 at Interstate Commerce Act, when trans­ 70 (also US. Highway 40), serving all Woodruff, S.C., to enable service to Con­ ported in mixed loads with (1), (2), and intermediate points and off-route points necticut, Maine, Massachusetts, New (3) above; (a) between points in Wash­ within 3 miles of the above-described Hampshire, Rhode Island, Vermont, In­ ington on the one hand, and, on the highways. Note: If a hearing is deemed diana, Michigan, New Jersey, New York, other, points in California and Oregon; necessary, applicant requests it be held Pennsylvania, and Cincinnati, Ohio. Ap­ (b) between points in California, on the at Limon or Denver, Colo. plicant also states no duplicating author­ one hand, and, on the other, points in No. MC 123048 (Sub-No. 137), filed ity is being sought^ If a hearing is deemed Oregon; and (c) from points in Oregon July 1, 1968. Applicant: DIAMOND necessary, applicant requests it be held to points in Nevada and Arizona. Note: TRANSPORTATION SYSTEM, INC., at Dallas, Tex. The purpose of this republication is to 1919 Hamilton Avenue, Racine, Wis. No. MC 117439 (Sub-No. 35), filed redescribe and clarify the commodity 53401. Applicant’s representatives: C. July 12, 1968. Applicant: BULK TRANS­ description and territorial scope of the Ernest Carter, Post Office Box A, Racine, PORT, INC., U.S. Highway 190, Post application. If a hearing is deemed Wis. 53401, and Paul Gartzke, 121 West Office Box 89, Port Allen, La. 70767. Ap­ necessary, applicant requests it be held Doty Street, Madison, Wis. 53703. Au­ plicant’s representative: John Schwab, at Seattle, Wash., or Portland, Oreg. thority sought to operate as a common 617 North Boulevard, Post Office Box No. MC 119670 (Sub-No. 13), filed carrier, by motor vehicle, over irregular 3036, Baton Rouge, La. 70821. Authority July 11, 1968. Applicant: THE VICTOR routes, transporting: Agricultural imple­ sought to operate as a common carrier, TRANSIT CORPORATION, Post Office ments, farm equipment, and parts, from by motor vehicle, over irregular routes, Box 115, Win ton Place Station, Cincin­ points in Jefferson and Navarro Counties, transporting; Cement, in bulk and in nati, Ohio 45232. Applicant’s representa­ Tex., to points in Alabama, Arkansas, bags; (1) from Shreveport, La., to points tive: Robert H. Kinker, Post Office Box Colorado, Florida, Georgia, Hlinois, In­ in Texas, Oklahoma, Arkansas, and 464, Frankfort, Ky. 40601. Authority diana, Iowa, Kansas, Kentucky, Loui­ Mississippi; and (2) from Alexandria, ' sought to operate as a common carrier, siana, Michigan, Minnesota, Missouri, La., to points in Texas, Arkansas, and by motor vehicle, over irregular routes, Mississippi, Nebraska, New Mexico, North Mississippi, restricted to traffic having a transporting: Corn and soybeans prod­ Carolina, North Dakota, Ohio, Oklahoma, prior movement by rail, from any point ucts, in containers, from the plantsite South Carolina, South Dakota, Tennes­ in Texas in Nos. (1) and (2) above. Note: and facilities of The A. E. Staley Manu­ see, Virginia, West Virginia, Wisconsin, If a hearing is deemed necessary, appli­ facturing Co., at Decatur, 111., to points and Wyoming. Note: If a hearing is cant requests it be held at New Orleans, in Ohio. Note: If a hearing is deemed, deemed necessary, applicant requests it La., Houston or Dallas, Tex., or Birm­ necessary, applicant requests it be held at be held at Dallas, Houston, or Fort ingham, Ala. Chicago, HI. Worth, Tex. No. MC 119531 (Sub-No. 87), filed No. MC 119767 (Sub-No. 209), filed No. MC 123383 (Sub-No. 35), filed July July 10, 1968. Applicant; DEICK- April 25, 1968. Applicant: BEAVER 8, 1968. Applicant: BOYLE BROTHERS, BRADER EXPRESS, INC., 5391 Wooster TRANSPORT CO., a corporation, 100 INC., 276 River Road, Edgewater, N.J. Road, Cincinnati, Ohio 45226. Applicant’s South Calumet Street, Burlington, Wis. 07020. Applicant’s representative: Mor­ representative: Charles W. Singer, 33 53105. Applicant’s representative: Allan ton E. Kiel, 140 Cedar Street, New York, North Dearborn Street, Suite 1625, B. Torhorst, Post Office Box 339, Burling­ N.Y. 10006. Authority sought to operate Chicago, HI. 60602. Authority sought to ton, Wis. 53105. Authority sought to oper­ as a common carrier, by motor vehicle, operate as a common carrier, by motor ate as a common carrier, by motor ve­ over irregular routes, transporting: (1) vehicle, over Irregular routes, transport­ hicle, over irregular routes, transporting: Composition boards and materials and ing: (1) Glass containers and closures Canned and prepared foodstuffs, from accessories used in the installation there­ therefor, and paper cartons, from Rock­ Bellwood, HI., to points in Kentucky. of, from points in Henry County, Tenn., dale, 111., to points in Indiana, Kentucky, Note: Applicant states it would tack the to points in Virginia, West Virginia, Michigan, Missouri, Ohio, and Wis­ proposed authority with its present au- - Maryland, Delaware, Pennsylvania, New consin; and, (2) materials and supplies thority between points in Wisconsin to Jersey, Connecticut, New York, Mas­ used in the manufacture, sale, and dis­ enable service to Minnesota, Hlinois, and sachusetts, Rhode Island, Maine, Ver­ tribution of glass containers, on return. Indiana. If a hearing is deemed neces­ mont, New Hampshire, Mississippi, Ohio, sary, applicant requests it be held at Georgia, Florida, Alabama, Tennessee, Note : Applicant states there is possibility Chicago, HI. of tacking at Zanesville, Ohio, to serve and the District of Columbia; and (2) points in West Virginia, Maryland (ex­ No. MC 119918 (Sub-No. 6), filed materials used in the manufacture and cept Baltimore), and Western Pennsyl­ July 3, 1968. Applicant: ‘ C & H distribution of composition boards, from vania (except Pittsburgh and Washing­ FREIGHTWAYS, a corporation, 402 points in Virginia, West Virginia, Mary­ ton). if a hearing is deemed necessary, West Watkins Road, Phoenix, Ariz. land, Delaware, Pennsylvania, New Jer­ applicant requests it be held at Chicago, 85036. Applicant’s representatives: J. P. sey, Connecticut, New York, Massachu­ Welsh, Post Ofificè Box 5976, Dallas, Tex. setts, Rhode Island, Maine, Vermont, 75222, and W. T. Brunson, 419 Northwest No. MC 119639 (Sub-No. 3) (Clarifica­ New Hampshire, Mississippi, Ohio, Sixth Street, Oklahoma City, Okla. 73102. Georgia, Florida, Alabama, Tennessee, tion), filed April 29, 1968, published in Authority sought to operate as a com­ Federal R egister issue o f May 23, 1968, and the District of Columbia, to points mon carrier, by motor vehicle, over ir­ in Henry County, Tenn. Note : Applicant and republished as clarified, this issue. regular routes, transporting: Conduit or Applicant: INCO EXPRESS, INC., 426 states that joinder will be made at points pipe, with or without accessories, attach­ in Henry County, Tenn., on traffic from South Massachusetts Street, Seattle, ments, or fittings, other than cement Wash. 98134. Applicant’s representative; Deposit, N.Y., to destinations applied for asbestos, concrete, metal, or plastic, herein by combining with MC 123383 Joseph 6 . Earp, 607 Third Avenue, from the plantsites or warehouses of (Sub-No. 23). If a hearing is deemed

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 1968 No. 144—Pt. I -----7 10606 NOTICES necessary, applicant requests it be held If a hearing is deemed necessary, appli­ fixtures, furniture and furnishings, and at Tampa, Fla., or Atlanta, Ga. cant requests it be held at Lincoln, Nebr. accessories; and appurtenances, fittings, No. MC 124078 (Sub-No. 335), filed No. MC 125687 (Sub-No. 4), filed July and parts incidental thereto, when trans­ July 1, 1968. Applicant: SCHWERMAN 10, 1968. Applicant: EASTERN STATES ported With, and in connection with such TRUCKING CO., a corporation, 611 TRANSPORTATION, INC., 1060 Lafay­ commodities; (a) between points in South 28th Street, Milwaukee, Wis. ette Street, Post Office Box 1761, York, Idaho, Montana, Oregon, and Washing­ 53246. Applicant’s representative: Rich­ Pa. 17405. Applicant’s representative: S. ton; (b) between points in Idaho, Mon­ ard H. Prevette (same address as appli­ Harrison Kahn, Suite 733, Investment tana, Oregon, and Washington, on the cant) . Authority sought to operate as Building, Washington, D.C. 20005. Au­ one hand, and, on the other, points in a common carrier, by motor vehicle, over thority sought to operate as a common Arizona and Nevada; and (c) from points irregular routes, transporting: Starch carrier, by motor vehicle, over irregular in Idaho, Montana, Oregon, and Wash­ of all kinds, blends of starch, corn prod­ routes, transporting: Canned beverages ington to points in California. Defective, ucts, and products made of corn, hav­ including carbonated beverages and rejected, returned, or traded in com­ ing a prior rail movement, between points flavored syrups, from' Garfield, N.J., to modities described in (1) and (2) above, in Arkansas, Illinois, Indiana, Iowa, points in Massachusetts, Rhode Island, on return. Note: Applicant states it will Kansas, Kentucky, Michigan, Minne­ and Connecticut. Note: Applicant states tack with its presently held authority to sota, Missouri, North Dakota, Ohio, it holds contract carrier authority under enable service to points in Arizona, Cali­ South Dakota, Tennessee, and Wiscon­ MC 117496 which is being converted to fornia, and Nevada. If a hearing is sin. Note: If a hearing is deemed neces­ that of a common carrier in MC 125687. deemed necessary, applicant requests it sary, applicant requests it be held at If a hearing is deemed necessary, appli­ be held at Portland, Or eg., or Seattle, Chicago, 111. cant requests it be held at New York, Wash. No. MC 124078 (Sub-No. 337), filed N.Y. No. MC 126516 (Sub-No. 6), filed July July 12, 1968. Applicant: SCHWERMAN No. MC 125708 (Sub-No. 92), filed July 11,1968. Applicant: SKYLINE MOTORS TRUCKING CO., a corporation, 611 1, 1968. Applicant: HUGH MAJOR, 150 AIR CARGO, INC., West 15th Street, South 28th Street, Milwaukee, Wis. Sinclair Avenue, South Roxana, HI. Beaver Falls, Pa. 15010. Applicant’s rep­ 53246. Applicant’s representative: James 62087. Authority sought to operate as a resentative: Russell S. Bernhard, 1625 K R. Ziperski (same address as applicant). common carrier, by motor vehicle, over Street NW., Washington, D.C. 20006. Au­ Authority sought to operate as a com­ irregular routes, transporting: Iron and thority sought to operate as a common mon carrier, by motor vehicle, over ir­ steel and iron and steel articles, between carrier, by motor vehicle, over irregular regular routes, transporting: Fly ash, Greenfield, Ind., on the one hand, and, on routes, transporting: General commodi­ from Wilsonville, Ala., to points in Geor­ the other, points in Alabama, Arizona, ties (except those of unusual value, gia. Note : If a hearing is deemed neces­ Arkansas, Colorado, Delaware, Florida, classes A and B explosives, household sary, applicant requests it be held at Georgia, Illinois, Kansas, Louisiana, goods as defined by the Commission, Birmingham, Ala., or Atlanta, Ga. Michigan, Minnesota, Mississippi, Mis­ commodities in bulk, and those requir­ No. MC 124230 (Sub-No. 10), filed souri, North Carolina, New Jersey, New ing special equipment), between the July 12, 1968. Applicant: C. B. JOHN­ Mexico, New York, Ohio, Oklahoma, Greater Pittsburgh Airport (Allegheny SON, INC., Post Office Drawer S, Cortez, Pennsylvania, South Carolina, Texas, County), Pa., on the one hand, and, on Colo. 81321. Applicant’s representative: Virginia, West Virginia, and Wisconsin. the other, joints in Crawford County, Leslie R. Kehl, 420 Denver Club Building, Note: If a hearing is deemed necessary, Pa., restricted to traffic having an im­ Denver, Colo. 80202. Authority sought to applicant requests it be held at St. Louis, mediately prior' or immediately subse­ operate as a common carrier, by motor Mo., or Indianapolis, Ind. quent movement by air. Note : If a hear­ vehicle, over irregular routes, transport­ No. MC 125826 (Sub-No. 5), filed ing is deemed necessary, applicant re­ ing: (1) Ores artd concentrates (a) be­ July 5, 1968* Applicant: BARTLESON quests it be held at Pittsburgh, Pa. tween points in Mineral, Hinsdale, and BROTHERS, INC., Courses Landing No. MC 126899 (Sub-No. 32), filed July Rio Grande Counties, Colo.; El Paso and Road, Penns Grove, N.J. 08069. Appli­ 1, 1968. Applicant: USHER TRANS­ Amarillo, Tex.; Midvale and Toole, cant’s representative: MortonE.Kiel, 140 PORT, INC., 3925 Old Benton Road, Pa- Utah; (b) from San Juan County, Utah, Cedar Street, New York, N.Y. 10006. Au­ ducas, Ky. 42001. Applicant’s represent­ to Douglas and Miami, Ariz.; (2) scrap thority sought to operate as a contract ative: George M. Catlett, 703—706 Mc­ metal, from Albuquerque, N. Mex. and carrier, by motor vehicle, over irregular Clure Building, Frankfort, Ky. 40601. Phoenix, Ariz., to San Juan County, routes, transporting: Liquid and com­ Authority sought to operate as a com­ Utah, and (3) aggregate, sand, and pressed gasses (excluding petroleum mon carrier, by motor vehicle, over ir­ gravel, between points in San Juan gases), in shipper-owned trailers from regular routes, transporting: Polyure­ County, Utah, and San Juan County, N. the plantsite of Air Reduction Co., Inc., thane pads and padding, from Cairo, HI., Mex.; Montezuma, Archuleta, and La at Olean, N.Y., to points in New Jersey, to Springfield, Tenn., Bowling Green and Plata Counties, Colo. Note: If a hear­ New York, Ohio, Pennsylvania, West Vir­ Carrollton, Ky. Note: If a hearing is ing is deemed necessary, applicant re­ ginia, and Connecticut, under contract deemed necessary, applicant requests it quests it be held at Denver, Colo. with Air Reduction Co., Inc. Note: If a be held at Louisville, Ky. No. MC 125433 (Sub-No. 7), filed July hearing is deemed necessary, applicant No. MC 127580 (Sub-No. 1), filed July 10, 1968. Applicant: F-B TRUCK'LINE requests it to be held at Washington, D.C. 1, 1968. Applicant: H. P. HALE, Post COMPANY, a corporation, 4255 South No. MC 126372 (Sub-No. 4), filed July Office Box 177, Roswell, N. Mex. 88201. Second West, Salt Lake City, Utah. Ap­ 5, 1968. Applicant: SUREFINE TRANS­ Applicant’s representatives Wayne Wolf, plicant’s representative: Duane W. PORTATION COMPANY, a corporation, 415 First National Bank- Building West, Acklie, 521 South 14th Street, Post Office 3540 East 26th Street, Los Angeles, Calif. Albuquerque, N. Mex, 87101. Authority Box 806, Lincoln, Nebr. 68501. Authority 90023. Applicant’s representative: Ernest sought to operate as a contract carrier, D. Salm, 3846 Evans Street, Los Angeles, by motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: Lumber and plywood, from by motor vehicle, over irregular routes, Calif. 90027. Authority sought to operate transporting: Tanks, pump dispensing as a common carrier, by motor vehicle, Roswell, N. Mex., and from lumber mins units, pipe, absorbers, vessels, hoppers, over irregular routes, transporting: (1) or sawmills at or near Navajo, N. Mex., Appliances, equipment, fixtures, furni­ Durango, P agosa S pring, Dolores, iron and steel articles, valves, and fabri­ Southfork, Antonito, Alamosa, Montrose, cated metal products, (1) from Salt Lake ture, and furnishings for commercial, noncommercial, and public establish­ Trinidad, and Monte Vista, Colo., City, Utah, to points in Oregon, Wash­ points in that part of Oklahoma on and ington, California, Idaho, Nevada, Ari­ ments and institutions, uncrated and otherwise unpacked, and, in connection west of U.S. Highway 69 extending from zona, Utah, Montana, Wyoming, Colo­ the Oklahoma-Kansas State line to Du­ rado, New Mexico, Texas, Oklahoma, therewith, accessories, appurtenances, fittings, and parts incidental thereto rant, Okla., thence on and west of Kansas, Nebraska, South Dakota, Iowa, Highway 75 to the Oklahoma-Tc and Minnesota, (2) from points in Col­ (packed or unpacked) when transported with and in connection with shipments State line, thence extending to points orado, to points in Utah, and (3) from in Texas on and west of U.S. Highway Seattle, Wash., to points in Utah. Note: of the above-described commodities; (2)

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10607

75 from the Texas-Oklahoma State line Iowa, Minnesota, Nebraska, North Da­ No. MC 129982, filed June 17,1968. Ap­ to Dallas, Tex., thence on and west of kota, South Dakota, Wisconsin, and the plicant: SALMON’S TRANSFER LIM­ U.S. Highway 77 or Interstate Highway Upper Peninsula of Michigan, under ITED, 2884 Grandview Highway, Van­ 35E, whichever is furtherest east to junc­ contract with American Excelsior Corp. couver 12, British Columbia, Canada. Ap­ tion U.S. Highway 81, thence on or west and E-Z Killdust Corp. Note: If a hear­ plicant’s representative: Thomas David of U.S. Highway 81 or Interstate High­ ing is deemed necessary, applicant re­ Carney (same address as applicant). Au­ way 35 whichever is furtherest east to quests it be held at Minneapolis, Minn. thority sought to operate as a common San Antonio, Tex., thence on and north No. MC 129203 (Sub-No. 1), filed carrier, by motor vehicle, over irregular of U.S. Highway 90 to Van Horn, Tex., July 8,1968. Applicant: M & Y FREIGHT routes, transporting: Household goods thence on and north of U.S. Highway SYSTEM, INC., Post Office Box 23, and personal effects, between points in 80 to El Paso at the Texas-New Mexico Topeka, Ind. Applicant’s representative: Washington and points on the interna­ State line; and from lumber mills or saw­ Walter F. Jones, Jr., 601 Chamber of tional boundary line between the United mills at or near Durango, Pagosa Springs, Commerce Building, Indianapolis, Ind. States and Canada, located in Washing­ Dolores, Southfork, Antonito, Alamosa, Authority sought to operate as a com­ ton, restricted to shipments originating Montrose, Trinidad, and Monte Vista, mon carrier, by motor vehicle, over ir­ at or destined to points in Canada. Note: Colo., to Roswell, N. Mex., under contract regular routes, transporting: Materials, If a hearing is deemed necessary, appli­ with Dodson Wholesale Lumber Co. supplies, and ingredients used in the cant requests it be held at Seattle, Wash. Note: Applicant states it intends to tack manufacturing, and processing of core No. MC 129983, filed June 18, 1968. Ap­ with its present authority to serve points oil and resins, from points in Pennsyl­ plicant: PIER AIR CARGO TRUCKING, in Oklahoma and Texas. If a hearing vania, New York, Michigan, Hlinois, INC., 182 10th Street, Brooklyn, N.Y. is deemed necessary, applicant requests Ohio, Missouri, Wisconsin, Minnesota, 11215. Applicant’s representative: Bert it be held at Albuquerque or Roswell, Iowa, and Kentucky, to Mishawaka, Ind. Collins, 140 Cedar Street, New York, N.Y. N. Mex. Note: Applicant states it holds contract 10006. Authority Sought to operate as a No. MC 127668 (Sub-No. 2), filed July carrier authority under MC 126532, contract carrier, by motor vehicle, over 5, 1968. Applicant: WILLIAM WELCH therefore dual operations may be in­ irregular routes, transporting: Such mer­ AND JOHN WELCH, a partnership, do­ volved. Applicant further states no chandise as is dealt in by a wholesale ing business as WELCH TRUCKING duplicate authority is being sought. If dealer in athletic goods for sporting and COMPANY, 1105 South Boulder, Por- a hearing is deemed necessary, applicant outdoor use, between points in New York, tales, N. Mex. 88130. Applicant’s' repre­ requests it be held at Chicago, HI., or N.Y., harbors and harbors contiguous sentative: Edwin E. Piper, Jr., Suite Indianapolis, Ind. thereto as defined in Title 49 CFR 1070.1 715-718, Simms Building, Albuquerque, No. MC 129604 (Sub-No. 1), filed and Suffem, N.Y., under contract with N. Mex. Authority sought to operate as July 5, 1968. Applicant: WYLIE Precise Import Co. Note: If a hearing is a contract carrier, by motor vehicle, over BARNES, Post Office Box 111, Troy, deemed necessary, applicant requests it irregular routes, transporting: Hides, Tenn. Authority sought to operate as a be held at New York, N.Y. pelts, skins, hair, tails, svntches, and common carrier, by motor vehicle, over No. MC 129991 (Sub-No. 1), filed July bone meal, from (1) Denver, Pueblo, irregular routes, transporting: Rough 11, 1968. Applicant: JENSEN TRUCK­ Colorado Springs, Montrose, Grand Junc­ and unfinished lumber, from Bardwell ING CO., INC., 880 North PTrst East, tion, Durango and Cortez, Colo.; Lub­ and Hickman, Ky.; and Dyersburg, Halls, American Fork, Utah 84003. Applicant’s bock, El Paso, Dallas, Port Worth, Ama­ Henning, McKenzie, Obion, Ridgeley, representative: Irene Warr, 419 Judge rillo, Hereford, Plainview, Friona, Tex.; and Troy, Tenn., to points in Alabama, Building, Salt Lake City, Utah 84111. Guymon, Okla.; Albuquerque and Clovis, Arkansas, Hlinois, Indiana, Iowa, Ken­ Authority sought to operate as a con­ N. Mex.; to Phoenix, Ariz.; and (2) from tucky, Mississippi, Missouri, North tract carrier, by motor vehicle, over ir­ Phoenix, Ariz., to Houston, Laredo, Port regular routes, transporting: Farm pro­ Worth, and Dallas, Tex., under contract Carolina, South Carolina, Virginia, Ten­ nessee, and West Virginia. Note: If a duction supplies, such as fencing and with Southwest Hide Co., Phoenix, Ariz. hearing is deemed necessary, applicant wire products, steel posts, baler and Note: If a hearing is deemed necessary, requests it be held at Memphis, Tenn., binder twine, tires, antifreeze, insecti­ applicant requests it be held at Albuquer­ cides and weed killers, fertilizers, animal que, N. Mex. or Jackson, Tenn. No. MC 129908 (Sub-No. 1), filed July and poultry feeds, grain, and seed, be­ No. MC 128273 (Sub-No. 34), filed 1, 1968. Applicant: AMERICAN FARM tween points in Arizona, California, Colo­ July 9, 1968. Applicant: MIDWESTERN LINES, a corporation, 641 North Merid­ rado, Idaho, Nevada, Oregon, Washing­ EXPRESS, INC., Post Office Box 189, ian, Post Office Box 75337, Oklahoma ton, and Utah. Note: If a hearing is Port Scott, Kans. 66071. Applicant’s City, Okla. 73102. Applicant’s representa­ deemed necessary, applicant requests it representative: Harry Ross, 848 Warner tives: William L. Peterson, Jr., 401 North be held at Salt Lake City, Utah. Building, Washington, D.C. 20004. Au­ Hudson, Suite 200, Oklahoma City, Okla. No. MC 133008, filed June 27, 1968. thority sought to operate as a common 73102, Harry Ross, Warner Building, Applicant: MILLAR & BROWN LTD. a carrier, by motor vehicle, over irregular Washington, D.C. 20004, Rufus H. Law- corporation, Post Office Box 669, Cra’n- routes, transporting: Glass, and glass son, 106 Bixler Building, Post Office Box brook, British Columbia, 611 71st South­ articles, from St. Louis, Mo,, and East 75124, Oklahoma City, Okla. 73107. Au­ east, Calgary, Alberta, Canada. Appli­ St. Louis and Alton, HI., to points In thority sought to operate as a common cant’s representative: George R_ Colorado, New Mexico, Texas, Oklahoma, carrier, by motor vehicle, over irregular LaBissoniere, 920 Logan Building, Seat­ Kansas, Nebraska, South Dakota, North routes, transporting: General commodi­ tle, Wash. 98101. Authority sought to Dakota, Minnesota, Iowa, Arkansas, ties, including classes A and B explosives operate as a common carrier, by motor Louisiana, Mississippi, Alabama, Georgia, (except commodities in bulk and house­ vehicle, over irregular routes, transport­ Florida, Tennessee, Kentucky, Indiana, hold goods), between points in Ken­ ing: General commodities (except com­ Illinois, Wisconsin, and Missouri. Note: tucky, Indiana, Hlinois, Missouri, Ar­ modities of unusual value, commodities If a hearing is deemed necessary, appli­ kansas, Louisiana, Texas, Oklahoma, in bulk, and household goods as defined cant requests it be held at St. Louis, Mo. and Kansas, on the one hand, and, on by the Commission), between ports of No. MC 128652 (Sub-No. 3), filed July the other, points in Washington, Cali­ entry located on the United States- 5,1968. Applicant: LARSON TRANSFER fornia, Nevada, Utah, and Arizona, when Canada boundary line at or near East- & STORAGE CO., INC., 9500 Blooming­ moving (1) on Government bills of lad­ port or Porthill, Idaho; Blaine, Sumas, ton Freeway, Minneapolis, Minn. 55431. ing and (2) on commercial bills of lading or Oroville, Wash.; Sweetgrass, Mont.; Applicant’s representative: Will S. Toml- containing endorsements approved in and Portal or Noyes, N. Dak., for purposes of interline or interchange only with laaoyich, 2327 Wycliff, St. Paul, Minn. Interpretation of Government Rate &5114. Authority sought to operate connecting carriers. If a hearing is Tariff—Eastern Central, 332 I.C.C. 161, as a contract carrier, by motor vehicle, deemed necessary, applicant requests it over irregular routes, transporting: Saw- 164, 165. Note: If a hearing is deemed be held at Spokane, Wash. aust and floor sweeping compounds from necessary, applicant requests it be held No. MC 133013, filed July 5, 1968 Ap­ Minneapolis, Minn., to points in Hlinois, at Oklahoma City, Okla. plicant: E. P. & P. TRUCKING CO., a

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10608 NOTICES corporation, 3500 Walnut Street, Mc­ carrier. If this application is granted, business as SKI HAUS TOURS, Route 22, Keesport, Pa. 15130. Applicant’s repre­ applicant also requests his present per­ Pawling, N.Y. 12564. For a license (BMC sentative: John A. Vuono, 2310 Grant mits be canceled and certificate be issued 5) to engage in operations as a broker at Building, Pittsburgh, Pa. 15219. Author­ in lieu thereof. If a hearing is deemed Pawling, N.Y., in arranging for the trans­ ity sought to operate as a contract car­ necessary, applicant requests it be held portation, in interstate or foreign com­ rier, by motor vehicle, over irregular at Springfield or Chicago, 111. merce, of passengers and their baggage, in tours, in special and charter opera-! routes, transporting: Awnings, car ports, M otor Carriers of P assengers and patios and component parts thereof; tions, beginning and ending at points in coated sheet metals; and materials, No. MC 61016 (Sub-No. 32), filed Dutchess, Columbia, Putnam, and North­ equipment, and supplies used in the pro­ July 3, 1968. Applicant: PETER PAN ern Westchester Counties, N.Y., and duction, manufacture, or distribution of BUS LINES, INC., 144 Bridge Street, points in Litchfield and Fairfield Coun­ said commodities, between McKeesport, Springfield, Mass. 01103. Applicant’s repr­ ties, Conn., and extending to points in Pa., on the one hand, and, on the other, esentative: Frank Daniels, 15 Court the United States. points in Illinois, Indiana, Maryland, Square, Boston, Mass. 02108. Authority No. MC 130062, filed July 8, 1968. Ap­ Michigan, New Jersey, New York, Ohio, sought to operate as a common carrier, plicant: SUNDOWNER TRAVEL, INC., Pennsylvania, and West Virginia. Re­ by motor vehicle, over irregular routes, 92 Middle Neck Road, Great Neck, N.Y. striction : The operations authorized transporting: Passengers and their bag­ Applicant’s representative: Samuel B. herein are limited to a transportation gage, in the same vehicle with passengers, Zinder, 160-16 Jamaica Avenue, Jamaica, service to be performed under continu­ in special operations, in round-trip N.Y. 11432. For a license (BMC 5) to ing contract, or contracts with Enamel pleasure and sightseeing tours, in com­ engage in operations as a broker at New Products & Plating Co. and its wholly bination with air travel through arrange­ York, N.Y., in arranging for the trans­ owned subsidiaries, Artcraft Awning Co. ments with air carriers, beginning and portation in interstate or foreign com­ and Artcraft Venetian Blind Manufac­ ending at Springfield, Mass., and extend­ merce of passengers and their baggage, turing Co. of Pittsburgh, all of McKees­ ing to points in the United States, in­ restricted to students accompanied by Note.: port, Pa. Note: If a hearing is deemed cluding Alaska. If a hearing is tour directors and supervisors or chaper­ necessary, applicant requests it be held deemed necessary, applicant requests it ones and their baggage, in all-expense at Pittsburgh, Pa., or Washington, D.C. be held at Springfield, Mass. tours, beginning and ending at New York, No. MC 133015, filed July 1,1968. Appli­ No. MC 129038 (Sub-No. 4), filed N.Y., and points in Nassau County, N.Y., cant: JAMES G. LYNCH, Rural Delivery July 1, 1968. Applicant: TRI-STATE and extending to points in the United I, Carbondale, Pa. Applicant’s repre­ COACH LINES, INC., 2978 Orchard States, except Alaska and Hawaii. sentatives: James K. Peck and James K. Place, Des Plaines, 111. 60018. Applicant’s No. MC 130063, filed July 8, 1968. Ap- Peck, Jr., 912 Northeastern National representative: John T. Porter, 16 North plicant: LEANDER ELROY TUTTLE, Bank Building, Scranton, Pa. 18503. Au­ Carroll Street, Madison, Wis. 53703. Au­ doing business as MAINE TRUCKERS thority sought to operate as a contract thority sought to operate as a common EXCHANGE, 154 State Street, Presque carrier, by motor vehicle, over irregular carrier, by motor vehicle, over regular Isle, Maine. For a license (BMC 4) to routes, transporting: Natural cleft split routes, transporting: Passengers and engage in operations as a broker at faced veneer and sawed split faced their baggage, newspapers, and express, Presque Isle, Maine, in arranging for the veneer, irregular stone (also called rubble in the same vehicle with passengers, in transportation in interstate or foreign and sawed treads), sills, and patterns, vehicles transporting not more than 13 commerce of preserved and prepared and crushed stone, from sites of Laurel passengers plus driver (exclusive of those foodstuffs (including frozen prepared Mountain Stone Corp. quarries at or near passengers under 10 years of age who do foodstuffs), from points in Maine, to Newton Road, Scranton, Lackawanna not occupy a seat), between Milwaukee, points in the United States (including County, Pa., to points in Pennsylvania, Wis. (including Mitchell Field Airport), Alaska and Hawaii). New York, New Jersey, Connecticut, on the one hand, and, on the other, No. MC 130064, filed July 10, 1968. Ap­ Rhode Island, Massachusetts, New O’Hare Field (International Airport), plicant: MELVIN B. LEFOW, 222 Worth­ Hampshire, Maine, Vermont, Maryland, Chicago, 111., and Midway Airport, Chi­ ington Street, Springfield, Mass. 01103. Virginia, Ohio, Delaware, and Washing­ cago, 111., from Milwaukee over U.S. Applicant’s representative: S. Harrison ton, D.C., under contract with Laurel Highway 94 and 294, to Chicago, and re­ Kahn, Suite 733 Investment Building, Mountain Stone Corp. Note: If a hear­ turn over the same route, serving junc­ Washington, D.C. For a license (BMC 5) ing is deemed necessary, applicant re­ tion Wisconsin Highway 50 and U.S. to engage in operations as a broker at quests it be held at Scranton, Pa. Highway 94, as an intermediate point. Springfield, Mass, in arranging for the No. MC 133018 (Sub-No. 1), filed July Note: If a hearing is deemed necessary, transportation in interstate or foreign II, 1968. Applicant: RICHARDSON applicant requests it be held at Mil­ commerce of Passengers and their bag­ TRUCK LINE, INC., Post Office Box 753, waukee, Wis. gage, both as individuals and in groups, Macon, Ga. 31202. Applicant’s repre­ No. MC 129524 (Sub-No. 1), filed in special and charter operations, be­ sentative: William Addams, Suite 527, July 5, 1968. Applicant: MALVERN tween points in the United States includ­ 1776 Peachtree Street, NW., Atlanta, Ga. JOHN REID, doing business as REID ing Alaska and Hawaii. 30309. Authority sought to operate as a BUS LINE, 1107 Seventh Street, Harlan, common carrier, by motor vehicle, over Iowa 51537. Applicant’s representative: A pplication in W hich Handling W ith­ irregular routes, transporting: Clay face John F. Sawin, 711 Court Street, Harlan, out O ral H earing H as B een R e q u e s t e d brick, from Macon, Ga., to points in Iowa 51537. Authority sought to oper­ No. MC 115570 (Sub-No, 5 ), filed July Florida on and north of Interstate High­ ate as a common carrier, by motor ve­ 10, 1968. Applicant: WALTER A. JUNGE, way 4. Note: If a hearing is deemed hicle, over regular routes, transporting: INC., Post Office Box 98, Antioch, Calif. necessary, applicant requests it be held Passengers and their baggage, and ex­ 94509. Applicant’s representative: Wil­ at Macon or Atlanta, Ga. press mail, and newspapers, in the same liam B. Adams, Pacific Building, Port­ No. MC 133026, filed July 12, 1968. vehicles with passengers between Harlan, land, Oreg. 97204. Authority sought to Applicant: W. T. MARSHALL, Rural Iowa, and Omaha, Nebr., from Harlan, Route No. 5, Box 161D, Springfield, 111. Iowa, to Avoca, Iowa, over U.S. Highway operate as a contract carrier, by motor 62707. Applicant’s representative: Mack 59, thence over Iowa Highway 83 to junc­ vehicle, over irregular routes, transport­ Stephenson, 301 Building, 301 North tion Iowa Highway 64, thence over Iowa ing: Pulpboard, from Port Townsend, Second Street, Springfield, 111. 62702. Highway 64 to Council Bluffs, Iowa, Seattle, and Tacoma, Wash., to Long­ Authority sought to operate as a common thence over U.S. Highway 6 to Omaha, view, Wash., for export, under contract carrier, by motor vehicle, over irregular Nebr., and return over the same route with Fibreboard Paper Products Corp. routes, transporting: Malt beverages, serving all intermediate points. Note: from St. Louis, Mo., to points in Illinois. If a hearing is deemed necessary, appli­ By the Commission. ote N : Applicant holds various permits cant requests it be held at Omaha, Nebr. [seal] H. Neil G arson, under MC 125136 and subs thereto. The A pplications for B rokerage Licenses Secretary. purpose of the instant application is (1) to convert permits to certificates and (2) No. MC 130060, filed June 24, 1968. [F.R. Doc. 68-8808; Filed, July 24, 1968, extend destination territory as common Applicant: DENSLO F. HAMLIN, doing 8:45 a.m.] FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 NOTICES 10609

2, fourth s ec t io n application fo r Hialeah and Miami, Fla., to Lumberton, mounted on their own wheeled under­ C RELIEF N.C.; (2) Materials and supplies used carriages, equipped with hitch ball or it in the manufacture of wearing apparel, pintle hook connector, from points in J uly 22, 1968. between Lumberton, N.C., on the one Franklin County, Va., to points in Con­ Protests to the granting of an applica- hand, and Miami and Hialeah, Fla., on necticut, Delaware, Indiana, Kentucky, >; tion must be prepared in accordance the other, for 150 days. Supporting Maryland, Massachusetts, Maine, Michi­ with Rule 1100.40 of the general rules shipper: Tiffany Apparel, Inc., 152 gan, New Hampshire, New Jersey, New n of practice (49 CFR 1100.40) and filed Madison Avenue, New York, N.Y. Send York, North Carolina, Ohio, Pennsyl­ ! within 15 days from the date of publica- protests to: District Supervisor W. J. vania, Rhode Island, Tennessee, Vir­ i tion of this notice in the F ederal Grossmann, Bureau of Operations, In­ ginia, Vermont, and West Virginia, for Register. terstate Commerce Commission, 970 180 days. Supporting shipper: Conti­ Long- and-S hort Haul Broad Street, Newark, N.J. 07102. nental Homes, Post Office Box 1800, No. MC 69901 (Sub-No. 19 TA) , filed Roanoke, Va. 24008. Send protests to: FSA No. 41396—Barite (barytes) from July 18, 1968. Applicant: COURIER- William L. Scroggs, District Supervisor, points in Arkansas and Missouri. Filed by NEWSOM EXPRESS, INC., Post Office Interstate Commerce Commission, Bu­ Southwestern Freight Bureau, agent (No. Box 509, U.S. Highway 31 Bypass, Colum­ reau of Operations, Room 309, 1252 West B-9097), for interested rail carriers. bus, Ind. 47201. Applicant’s representa­ Peachtree Street NW„ Atlanta, Ga. Rates on barite (barytes), ground, in car­ tive: Carl L. Steiner, 39 South La Salle 30309. loads, from specified points in Arkansas Street, Chicago, HI. 60603. Authority No. MC 129618 (Sub-No. 1 T A ), filed and Missouri, to Raceland, La. sought to operate as a common carrier, July 15, 1968. Applicant: EISENBACH Grounds for relief—Market competi­ by motor vehicle, over regular routes, ENTERPRISES LIMITED, 327 Murray. tion. transporting: General commodities (ex­ Street, Brantford, Ontario, Canada. i Tariff—Supplement 24 to Southwest­ cept those of unusual value, classes A Applicant’s representative: Frank J. ern Freight Bureau, agent, tariff ICC and B explosives, household goods as Kerwin, Jr., 900 Guardian Building, 4703. defined by the Commission, commodities Detroit, Mich. 48226. Authority sought to ‘ By the Commission. in bulk, and those requiring special operate as a common carrier; by motor equipment), serving the Ford Motor Co. vehicle, over irregular routes, transport­ [seal! H. Neil G arson, plantsite at the intersection of Westport ing: (1) Glue stock, between the ports Secretary. Road and Murphy Lane, Jefferson Coun­ of entry on the international boundary [PH. Doc. 68-8885; Filed, July 24, 1968; ty, near Louisville, Ky., as an off-route line between the United States and 8:49 ajn.] point in connection with applicant’s Canada on the Niagara River near otherwise authorized regular-route op­ Buffalo, N.Y., on the one hand, and, on erations, for 180 days. Supporting ship­ the other, Gowanda, N.Y.; and (2) [Notice 654] per: Ford Motor Co., The American hides, between ports of entry on the in­ MOTOR CARRIER TEMPORARY Road, Dearborn, Mich. Send protests to: ternational boundary line between the United States and Canada on the De­ AUTHORITY APPLICATIONS District Supervisor James W. Habermehl, Bureau of Operations, Interstate Com­ troit, St. Mary’s, and St. Clair Rivers, Ju ly 22, 1968. merce Commission, 802 Century Build­ on the one hand, and, on the other, The following are notices of filing of ing, 36 South Pennsylvania Street, In­ points in Michigan; restricted to traffic applications for temporary authority dianapolis, Ind. 46204. having an origin or destination in the under section 210a(a) of the Interstate No. MQ 107906 (Sub-No. 24 TA ), filed Dominion of Canada, and further re­ Commerce Act provided for under the July 18, 1968. Applicant: TRANSPORT stricted to traffic having an origin or new rules of Ex Parte No. MC-67 (49 MOTOR EXPRESS, INC., Post Office destination at a plantsite or manufac­ CFR Part 340) published in the Federal Box 958, 958 Meyer Road, Fort Wayne, turer or processor of hides, skin, or glue, 1 | Register, issue of April 27, 1965, efifec- Ind. 46801. Applicant’s representative: for 180 days. Note: Applicant intends to | tive July 1, 1965. These -rules provide Carl L. Steiner, 39 South La Salle Street, combine the U.S. authority with the s that protests to the granting of an ap- Chicago, HI. 60603. Authority sought to Canadian authority to provide a through | Plication must be filed with the field operate as a common carrier; by motor movement. Supporting shippers: H. El- I official named in the F ederal R egister vehicle, over regular routes, transport­ ken & Co., Inc., 833—845 Haines Street, I publication, within 15 calendar days ing: General commodities (except those Chicago, HI. 60622; Peter Cooper Corpo­ after the date of notice of the filing of of unusual value, classes A and B ex­ rations, Gowanda, N.Y. 14070; Robson- I the application is published in the F ed- Lang Leathers, Oshawa, Ontario, Can­ plosives, household goods as defined by ada; Barrie Tanning Ltd., Barrier, On­ 1! ERAL R egister. One copy of such protest the Commission, commodities in bulk, must be served on the applicant, or its tario, Canada; Geo. A. Wainright & and those requiring special equipment), Co., Ltd., Post Office Box 173, Galt, On­ I authorized representative, if -any, and serving the Ford Motor Co. plantsite at 1 the protests must certify that such serv- the intersection of Westport Road and tario, Canada; Philadelphia Hide Trad­ : *ce has been made. The protests must be ing Corp., 1518 Walnut Street, Philadel­ Murphy Lane, Jefferson County, near phia, Pa. 19102; Hide Trading (1965) | specific as to the service which such Louisville, Ky., as an off-route point in Protestant can and will offer, and must Ltd., 222 Cherry Street, Toronto, On­ connection with applicant’s otherwise tario, Canada. Send protests to: George i consist of a signed original and six authorized regular-route operations, for i copies. M. Parker, District Supervisor, Interstate 180 days. Supporting shipper: F ord' Commerce Commission, Bureau of Oper­ ■ A copy of the application is on file, Motor Co., The American Road, Dear­ ations, 518 Federal Office Building, 121 and can be examined at the Office of the born, Mich. Send protests to: District Ellicott Street, Buffalo, N.Y. 14203. I [ Secretary, Interstate Commerce Com- Supervisor J. H. Gray, Bureau of Op­ No. MC 129866 (Sub-No. 1 TA), filed I Hussion, Washington, D.C., and also in erations, Interstate Commerce Commis­ July 18, 1968. Applicant: R. R. THOMP­ I “he field office to which protests are to sion, Room 204, 345 West Wayne Street, SON AND S. M. BAXTER, a partnership, be transmitted. Fort Wayne, Ind. 46802. doing business as TATTNALL TRUCK­ Motor Carriers of Property No. MC 111545 (Sub-No. 107 TA), filed ING COMPANY, Route 4, Box 230, July 18,1968. Applicant: HOME TRANS­ Glennville, Ga. 30427. Authority sought I ' No. MC 52579 (Sub-No. I ll TA), filed PORTATION COMPANY, INC., 1425 to operate as a common carrier, by motor ! 18> !968. Applicant: GILBERT Franklin Road SE., Post Office Box vehicle, over irregular routes, transport­ f CARRIER CORP., 1 Gilbert Drive, 6426, Station A, Marietta, Ga. 30060. ing: Rosin and turpentine, in containers, I [ Caucus, N.J. 07094. Applicant’s repre- Applicant’s representative: Robert E. from Baxley and Douglas, Ga., to Savan­ ■ sentative: Wilfred Abel (same address Bom (same address as above). Authori­ nah, Ga., for 180 days. Supporting as above). Authority sought to operate ty sought to operate as a common car­ shipper: Filtered Rosin Co., Baxley, Ga. 1 as a common carrier, by motor vehicle, rier, by motor vehicle, over irregular 31513. Send protests to: District Super­ I m6r V’rc^ular routes, transporting: (1) routes, transporting: Buildings, com­ visor G. H. Fauss, Jr., Bureau of Opera­ I .■ wearing apparel, loose, on hangers, from plete, knocked down, or in ^sections, tions, Interstate Commerce Commission,

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 196« 10610 NOTICES Box 35008,400 West Bay Street, Jackson­ senger trains should be promulgated in route or divert such traffic over the ville, Fla. 32202. the event jurisdiction thereover is found Southern Pacific Co. to expedite the No. MC 133034 TA, filed July 18, 1968. to be vested in the Commission and the movement. The billing covering all such Applicant: ANDREW J. DAVIDSON, type of such standards to be promul­ cars rerouted shall carry a reference to doing business as ANDY DAVIDSON gated, and (3) the merits of the instant this order as authority for the rerouting. TRUCKING, 3026 Southeast 112th proceeding; (b) Concurrence of receiving roads to Avenue, Portland, Oreg. 97266. Authority It is further ordered, That all passeri- be obtained: The St. Louis Southwestern sought to operate as a contract carrier, ger carriers by railroad be, and they are Railway Co. shall receive the concur­ by motor vehicle, over irregular routes, hereby, permitted to intervene and pre­ rence of the Southern Pacific Co. before transporting: Lumber, from points in sent oral argument on (1) and (2) above the rerouting or diversion is ordered. Oregon, to Bangor, Aloha, and Van­ by filing, not later than August 21, 1968, (c) Notification to shippers: The St. couver, Wash., for 180 days. Supporting verified statements for the record of Louis Southwestern Railway Co., when shipper: Whipple Moshofsky Lumber their position on the aforesaid questions rerouting cars in accordance With this Co., 2041 Southwest 58th Avenue, Skyline (1) and (2); and that parties now of order, shall notify each shipper at the Building, Portland, Oreg. 97221. Send record may, but are not required to, file time each car is rerouted or diverted and protests to: R. V. Dubay, Transportation verified statements for the record setting shall furnish to such shipper the new Specialist, Bureau of Operations, Inter­ forth, or amplifying, their positions with routing' provided under this order. state Commerce Commission, 450 Mult­ respect to (1) and (2) not later than the (d) Inasmuch as the diversion or re­ nomah Building, Portland, Oreg. 97204. foregoing date; routing of traffic by said agent is deemed It is further ordered, That other in­ to be due to carrier’s disability, the rates By the Commission. terested parties may file, not later than applicable to traffic diverted or rerouted [seal] H. Neil G arson, August 5, 1968, petitions for leave to in­ by said agent shall be the rates which Secretary. tervene for the purpose of filing, not later were applicable at the time of shipment than August 21, 1968, verified statements on the shipments as originally routed. [F.R. Doc. 68-8886; Filed, July 24, 1968; (e) In executing the directions of the 8:50 a.m.] for the record and participating in oral argument on (1) and (2) upon compli­ Commission and of such agent provided ance with § 1.72 of this Commission’s for in this order, the common carriers [No. 34733] general rules of practice; and involved shall proceed even though no contracts, agreements, or arrangements SOUTHERN PACIFIC CO. It is further ordered, That a copy of this order be (1) served on all State reg­ now exist between them with reference Adequacies; Passenger Service Be­ ulatory commissions and on all common to the divisions of the rates of transpor­ tween California and Louisiana carriers by railroad subject to regulation tation applicable to said traffic; divi­ under part I of the Interstate Commerce sions shall be, during the time this order Order. At,a general session of the In­ Act and on each party to this proceeding, remains in force, those voluntarily terstate Commerce Commission, held at (2) deposited in the Office of the Secre­ agreed upon by and between said car­ its office in Washington, D.C., on the tary of this Commission for public in­ riers; or upon "failure of the carriers to 18th day of July 1968. spection, and (3) filed with the Director, so agree, said divisions shall be those Upon consideration of the report and Office of the Federal Register. hereafter fixed by the Commission in ac­ recommended order of the hearing cordance with pertinent authority con­ examiner served in the above-entitled By the Commission. ferred upon it by the Interstate Com­ proceeding on April 22, 1968; the excep­ [ seal] H. Neil G arson, merce Act. tions filed to said report by the Southern Secretary. (f) Effective date: This order shall Pacific Co. and the Association of Ameri­ [F.R. Doc. 68-8887; Filed, July 24, 1968; become effective at 11 a.m., July 19,1968. can Railroads; the replies filed by the 8:50 a.m.] (g) Expiration date: This order shall California Public Utilities Commission, expire at 11:59 p.m., July 31, 1968, un­ the Railway Labor Executives’ Associa­ less otherwise modified, changed, or tion, the National Association of Rail­ [S.O. 994; ICC Order 13] suspended. road Passengers, and the State Corpora­ ST. LOUIS SOUTHWESTERN RAILWAY It is further ordered, That this order tion Commission of New Mexico to the shall be served upon the Association of exceptions; and the requests for oral CO. American Railroads, Car Service Divi­ argument made by the Southern Pacific Rerouting and Diversion of Traffic sion, as agent of all railroads subscrib­ Co., the Association of American Rail­ ing to the car service and per diem agree­ roads, the California Public Utilities In the opinion of R. D. Pfahler, agent, ment under the terms of that agreement; Commission, and the Railway Labor the St. Louis Southwestern Railway Co. and that it be filed with the Director, Executives’ Association; and good cause is unable to transport traffic between Office of the Federal Register. appearing therefor: Plano, Tex., and Sherman, Tex., because Issued at Washington, D.C., July 19. It is ordered, That the proceeding be, of a bridge out of service. and it is hereby, assigned for oral argu­ It is ordered, That: 1968. (a) Rerouting traffic: The St. Louis Interstate Commerce ment before this Commission on Sep­ Commission, tember 18, 1968, at 10 a.m., e.d.s.t., on Southwestern Railway Co., being unable to transport traffic between Plano, Tex., [seal] R. D. Pfahler, (1) the extent of this Commission’s Agent. jurisdiction over railroad passenger and Sherman, Tex., because of a bridge service, (2) whether minimum operating out of service, that carrier and its con­ [F.R. Doc. 68-8888; Filed, July 24, 1968; and service standards for interstate pas­ nections are hereby authorized to re­ 8:50 am.]

FEDERAL REGISTER, V O L 33, NO. 144— THURSDAY, JULY 25, 1968 FEDERAL REGISTER 10611 CUMULATIVE LIST OF PARTS AFFECTED— JULY

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

3 CFR Page 7 CFR—Continued Page 9 CFR—Continued Page Proclamations: 1078 ------9647 307— ------10085 Aug. 3,1901 (see PLO 4461) ___ 9616 1079 ------9647 340______10085 3857— ____ 10003 1090------10278 355------10086 3858 _____ 10497 1098_____ 10279 Proposed R ules: 3859 ______;______10499 1134_____ 10133 311------i------—------10577 Executive O rders: 1205------9703, 9874 1421------9948, 9951, 10502 May 4,1907: 1443------10313 10 CFR See PLO 4470— ______9709 1446------10503 50. 9704 Revoked in part by PLO 1464_,------9759, 9809 70. 9809 4497) ______10400 1479------10184 July 7, 1910 (revoked in part 1483— ------____ 10185,10186 12 CFR by PLO 4479)______10092 1488------9593, 9594, 10085 i __ May 27, 1913 (revoked in part ______9596 1601------_____ 10186, 10279 8 by PLO 4468)______9708 ______9598 9__ March 21, 1914 (revoked in Proposed R ules: ______9649 208. part by PLO 4468) ______9708 26_,_____ 1 ______9825, 10284 ______9865 217. 1664 (revoked by PLO 4466)__9618 51______. 10146 ______9873 250. 3797-A (see PLO 4470)______9709 52______9711 ______9865 265------10330 4806 (revoked in part by PLO 319______10011 4501)______10401 725______9619 523__------10331 6039 (revoked in part by PLO 730______10093 526------;______10522 906______10210 541------10523 4495)______10399 544 ------10524 8579 (see PLO 4474)______9822 915______10528 932______10011 545 ------10523, 10524,10526 948______10102 563------10526 5 CFR 569------10526 213—------9581, 965______10211 991— ______10211 640______9873 9645, 9865,10133,10183, 10501 Proposed Rules: 550------9703 993______10576 1001______10403 561------9675 7 CFR 1002______10403 1003______10403 13 CFR 1------10273 1004______10284, 10403 17------10005 1009______10102 101—'------9649 52 ------9582 1015 ______10403 121------9651 53 ------*------9584 1016 ______10403 58------.— _------10385 1030______10104, 10346 14 CFR 81------10083 1032 ______10105 39______9598 215------10083 1033 ______9662 9706, 9810, 9874nïÔl33l"l0280l 301------9749, 1036______10102 10388, 10389.. 9751, 9755,10273,10275,10276 1041______;_____ 10102 71______9599 354------10084, 10561 1044______10102 9706, 9810, 9875, 9876l~ 10202- 362------10561 1047------10104, 10346 10204, 10280, 10281, 10443, 10444, 401------10277 1049 ______10104, 10346 10563-10566. 409______10561 1050 ______10105, 10108 73------10204, 10444 719------9755 1062______:______10105 75__------9707, 9810,10204, 10205 728------9584 1063------10105, 10147 91------10505 777 ------_ „ 10386 1067 ______10105 95------10566 778 ------._____ 10183 1068 ______10105 97------9760, 9811, 10318 811------9945 1070______10105 121------10329 814------9946 1076______10105 127------:------_------10329 °42------9586, 10277 1078______10105 137------9600 905 ______9592 9756 1079______i ______10105 241------9651. 908------9703, 9947, 10277,10387, 10561 1090______9662 298—------9764 910------9592, 9757, 10084, 10387 1098 ______9662 310— ------20444 S ! ~ ~ ------— - — — 10501 1099 ______10105 389_------._------20445 ¡JJ------—------9948 1202______10346 Proposed R ules: nÎ,------10388 ” 4------0593, 10562 25------10361 8 CFR 39------£------9712, 9905, 10528 Ml------9758 103------:— ------10504 43------10578 235----- 10504 67------9905 9645 238------10504 71------: ------9620, 953____ “ 10562 299------10505 9621, 9713, 9826, 9827, 9906, 9907 1015 “ 9646 336------10505 10212, 10213, 10459, 10460, 10579’ 1032 ___ “ 10278 1033 ___ 499------10505 10580. 10133 73------___ 9827 1036_ 9646 1044_ : 7 9 CFR 75------9622, 10460, 10579, 10580 9647 91 10578 1050 ‘ 9647 1062_ ' 56------10005 135------20578 9647 74------10006 1063___IIIIIIIIIIII” 9647 78------10201 fn l------10108 ln?2------IIIIII 0648,10278 85------10280 339------S q ------9828 10108 U‘U------0647 97------:------10085 399. 10108 10612 FEDERAL REGISTER

15 CFR page 21 CFR—Continued Page 32 CFR—Continued Pa«8 0______9765 147___ ——____ 10142 4 ______10188 368______10006 191______9880 5 ______10190 370 ______9602 Proposed R ules: 6 ______10190 371 ______9603 9960,10149,10283 7______10190 1______10______10196 372 ______9602 3______9783, 9960 373 ______9604, 9652 ______9783 12______- ____ 10197 15 ____ 13______:______10198 384 ______10331 16 ______— _ 9783 385 ______9604,'10006 ______9783 14-______- ______10199 17— _— 15______- ____ 10200 Proposed R ules: ____ _ 9783, 10577 18— _ 16______;______10200 7______9663 45— ______9783, 9904 — 9619, 10528 17______.______— ____ 10201 1000____ 10403 120_— _. 18______— ____ - 10201 121______9783, 9904 22 ______- 10201 16 CFR 125______9783 163______•______10446 13______9813, 9814, 10205, 10505, 10506 130 _ ___ _ 9711, 10283 579— ;______— 10453 15___ 9605, 9606, 9815, 9816,10205, 10206 131 ______— ______9960 888______9778 245______10332 146— ______10283 166______9833 Proposed Rules: 32A CFR 240______10616 22 CFR OEP (Ch. I) : 241______10285 10281 DMO 8555.1A- 10143 51______10393 208______9952 DMP 4______17 CFR OIA (Ch. X) : 231______- 10086, 10134 23 CFR Reg. 1------9900, 10008 240 ______10389 Proposed R ules: 241 ______10086, 10134 255______10207 _____ 10389 Proposed R ules: OIA (Ch. X ) : 249______— Reg. 1----- 10225 Proposed R ules: 256______10361 10406 230______24 CFR 33 CFR 110______9778,10393,10454 18 CFR 200-______9775, 10317 ____ 9816 207______9611,10456 101— —______— ______10135 203______- 402______I'.______10008 104______10135 234____ — _— ____ 9816 105— ______10136 25 CFR 35 CFR 141______10138 253____ :______— 10281 154______10138 9708 201 Proposed10136 R ules: 36 CFR 204 ______10137221______10528 205 ______10138 Proposed R ules: ______10346 620______9877 26 CFR 7_____ - ______Proposed R ules: l ______9653, 9816,10569 38 CFR 260______10362 245______10510 604______10574 ______10516 Proposed R ules: i ___ 9956 1______9781, 9830 1« ______10516 19 CFR 212______9957 1______10140 39 CFR 4______9707 28 CFR 137 ______10394 12______9766 _____ 9817 16______10445o______151 __ 10342 45______10516, 10570 ____ 10570 Proposed R ules: 742 47______9819 R9.9. __ 9657 1______10210 __ 10008 29 CFR 824______2 0 CFR o______10432 41 CFR 404 ______"______9766 3______10186 i i — 10393 405 ______9767, 9768 4_— ______9880 5 30 9820 422______20______9600 10008 6-1 __ 10516 614______- _____ 10086 101______9819 6-75 __ 10516 Proposed R ules: 102______9819 8 1 _ 10456 405______- ______10149 525______10488 8 3 10456 602______10266 1600______9610 ft_10 _ 10456 620______10266 Proposed R ules: R—ñ9. 10456 9820 4______9904 9-1 21 CFR 0-4 _ 9820,10457 Q R 9821 1 ______10140, 10206, 10391, 10392 3 0 CFR Q 7 9820 2 _ 9608 10336 9820,9821 3 9609 9 9 9 "\9 _ 9776 8 ______M.______9952, 9953 31 CFR __ 9776 19 10141 9 15 7— ______10088 q 16 10457 27 ______10087, 10088 9611, 9708 _ 10517 29______— 10392 211_____ 12 1 605______10142 9777 46______10506 101 11 9777 120 ___ 9609, 101 19 32 CFR 101 3R _ 10208 9610, 9707, 9774, 9880, 9953, 10568 10009 1 _ 10187 101-43 121 _ 9610, 9775, 9954, 10207, 10569 mi_44 10010 130______9954 2 _ 10187 146a______3— 10393____ 10188 101-45______10010 FEDERAL REGISTER 10613 Page 42 CFR 43 CFR— Continued Page 46 CFR— Continued Page 52 ------9821 P ublic Land O rders—Continued 46------10077 53 ------10145 4469 ______9709 310______10281 4470 ______. 9709 401______9823 43 CFR 4471 ______9709 510______10145 1850______10394 4472 ______9902 524______10089 3120______10343, 10570 4473 ______9822 Proposed R ules: Public Land Orders: 4474 ______;______9822 284______10459 238 (revoked by PLO 4491)___ 10399 4475 ______9822 317 (modified by PLO 4490) __ 10398 4476 ______„_____ 9822 4 7 CFR 4477 ______9823 876 (revoked by PLO 4489)___ 10398 1 ______9657, 10343, 10345, 10570 922 (see PLO 4490)______10398 4478 ______9823 4479 ______10092 2 ______9659, 10090 1195 (revoked in part by PLO 21______9657 4500)______104014480 ______10394 4481 ______10394 73______10519 1327 (see PLO 4482)______10395 87______9659, 9779, 10345 1358 (revoked in part by PLO 4482 ______10395 4483______10396 89______10345 4467)______9708 91______10345 1624 (see PLO 4470)____ 9709 4484 ______10396 4485 ______l______10397 93______10345 1634 (revoked in part by PLO Proposed R ules: 4494)______10399 4486 ______10398 2323 (amended by PLO 4470) _ 9709 4487 ______10398 2______9665 2557 (amended by PLO 4470) _ 9709 4488 ______10398 15______10529 2709 (revoked by PLO 4499)__ 10401 4489 ______10398 73 9713 4490 ______10398 9829r 9960,~ 10019,” 102~24~" 1053L 3152 (revoked in part by PLO 4491 ______10581. 4500)______10401 10399 4492 ______10399 81____ 9665 3584 (see PLO 4500)______10401 83______1__ 9665 3594 (see PLO 4470)______9709 4493 ______10399 4494 ______10399 87------10020 3871 (revoked in part by PLO 4473)______9822 4495 ______%______10399 4496 ______10400 4 9 CFR 4395 (corrected by PLO 4475) _ 9822 4497 ______10400 4457 ______9614 1033__ i______9780, 10401 4498 ______10400 1043______10572 4458 ______9614 4499 ______10401 4459 _1______9614 1048______9661 4500 ______10401 1084______10572 4460 ______9615 4501 ______10401 4461 ______9616 Proposed R ules 4462 ______9616 180______10213 4463 ______9616 4 6 CFR 293 ______10152, 10362 4464 ______9617 2------10047 294 ______10152 4465 ______9617 42 ______10047 Ch. X ______10461 4466 ______9618 43 ______10075 4467 ______970844 ______10076 50 CFR 4468 ______9708 45 ______10077 32______9709,10282,10445,10522,10573

\

No, 144—Pt. I——8

FEDERAL REGISTER VOLUME 33 • NUMBER 144

Thursday, July 25, 1968 • Washington, D.C.

P A R T II

Federal Trade Commission

o -— Proposed Amended Guides for Advertising Allowances and Other Merchandising Payments and Services

No. 144—pt. n — 1 10616 PROPOSED RULE MAKING K mission, Pennsylvania Avenue and Sixth nontechnical explanation of what the FEDERAL TRADE COMMISSION Street NW., Washington, D.C. 20580. law means. Written comments received in the pro­ (4) They do not make it mandatory [1 6 CFR Part 240 ] ceeding will be available for examination (nor does the law itself) that sellers pro­ GUIDES FOR ADVERTISING ALLOW­ by interested parties at the Commis­ vide promotional allowances, services or ANCES AND OTHER MERCHAN­ sion’s Washington address and will be facilities to any customer. They only fully considered by the Commission. come into play when the seller deter­ DISING PAYMENTS AND SERVICES While the Commission is interested in mines to employ such promotional Proposed Amendment of Guides and receiving information on each of the practices. proposed amendments, it is especially What the law covers generally. The Notice of Opportunity To Present interested in receiving informative com­ Written Views, Suggestions or Robinson-Patman Act is an amendment ments on proposed § 240.3 (Guide 3) to the Clayton Act. It is directed at pre­ Objections “Who is a Customer?” , § 240.8 (Guide 8) venting competitive inequalities that Notice is hereby given that pursuant to “ Seller’s Duty To Inform” and § 240.9 come from certain types of discrimina­ the Federal Trade Commission Act, as (Guide 9) “Availability to All Competing tion by sellers in interstate commerce. amended, 15 U.S.C. 41-58 and the pro­ Customers”. . Sections 2 (d) and (e) of the Act deal visions of Part 1, Subpart A, of the Com­ Text of the proposed amended Guides with discriminations in the field of pro­ mission’s procedures and rules of prac­ follows: motional payments and services made tice, 16 CFR 1.5, 1.6, the Federal Trade Note: These proposed amended Guides available to customers who buy for re­ Commission proposes to amend its have not been approved by the Federal Trade sale. Where the seller pays the buyer to “Guides for Advertising Allowances and Commission. They are a draft of proposed perform the service, section 2(d) applies. Other Merchandising Payments and amended Guides which are made available to Where the seller furnishes the service all interested or affected parties for their itself to the buyer, section 2(e) applies. Services; Compliance with Sections 2(d) consideration and for submission of such and 2(e) of the Clayton Act, as Amended views, suggestions, or objections as they Both sections require a seller to treat by the Robinson-Patman Act.” may care to present, due consideration to competing customers on proportionally The Commission feels that' in the light Which will be given by the Commission^ equal terms. of the Supreme Court’s recent decision before proceeding to final action on the Other law covered. In two places, the in the Matter of Federal Trade Commis­ proposed amended Guides. Guides go beyond sections 2 (d) and (e): sion v. Fred Meyer, Inc., et al. (Docket What the guides are meant to do. (1) A seller who pays a customer for 7492), there exists a need to further These guides can be of great value to services that are not rendered, or who advise and assist the business community businessmen who want to avoid violating overpays for services which have been in acquainting itself with legal require­ the laws against giving or receiving im­ rendered, may thereby violate Section ments under provisions of the Clayton proper promotional allowances, includ­ 2(a) of the Clayton Act as amended. Act as amended by the Robinson-Pat- ing advertising or special services, for (See § 240.11.) man Act and, more specifically, to offer promoting products. The guides will (2) A customer who receives discrimi­ additional guidance as to the applica­ make possible a better understanding of natory or other improper payments, serv­ tion of such requirements to problems the obligations of sellers and their cus­ ices, or facilities may thereby violate sec­ I arising in connection with the furnish­ tomers in joint promotional activities. tion 2 (f) of the Clayton Act, as amended ing of promotional allowances or services The Commission’s responsibility is to by the Robinson-Patman Act, or section falling within the purview of such Act. obtain compliance with these laws. It 5 of the Federal Trade Commission Act. Additionally, the Commission feels this has a duty to move against violators. (See §§ 240.11 and 240.16.) advice and assistance can best be sup­ However, as an administrative agency, Sec. plied through amendment of its existing the Commission believes the more 240.1 When does the law apply? Guides for Advertising Allowances and knowledge businessmen have with re­ 240.2 Who is a seller? Other Merchandising Payments and spect to the laws enforced by the Com­ 240.3 Who is a customer? Services; Compliance with sections 2(d) mission, the greater the likelihood that 240.4 What is interstate commerce? and 2(e) of the Clayton Act as amended voluntary compliance with the laws will 240.5 What are services or facilities? by the Robinson-Patman Act. * 240.6 Need for a plan. be obtained. 240.7 Proportionally equal terms. It is the Commission’s hope that when For the Commission to perform its 240.8 Seller’s duty to inform. finalized the amended Guides will pro­ responsibilities properly, and for business 240.9 Availability to all competing cus­ vide businessmen with a useful and com­ to avoid violation of the law, it is neces­ tomers. prehensive tool for assessing the impact sary that every effort be made to furnish 240.10 Need to understand terms. of legal requirements and applying them individual businessmen a better under­ 240.11 Checking customer’s use of pay­ to affected business practices. In the de­ standing of these laws. It will help busi­ ments. velopment of Guides which will provide 240.12 Competing customers. nessmen—and the Commission’s law 240.13 Indirect payments. meaningful assistance, the Commission enforcement efforts—if they have a good 240.14 Meeting competition in good faith. invites and urges all affected members of general knowledge of what they can and 240.15 Cost justification. the business community to participate cannot do in the field of promotional 240.16 Customer’s liability. to the fullest extent practicable. allowances and services. Auth ority : The provisions of this Part 240 Accordingly, opportunity is hereby ex­ These guides are designed to be both issued under secs. 5, 6, 38 Stat. 719, as tended by the Commission to any and all practical and understandable. They amended, 721; 15 U.S.C. 45, 46: 49 Stat. 1526; persons, firms, corporations, organiza­ contain carefully considered sugges­ 15 U.S.C. 13, as amended. tions or other parties affected by or hav­ tions, or general rules of thumb, which § 240.1 When does the law apply ? ing an interest in the proposed amend­ business may find useful in avoiding un­ ments of the Guides, to present to the intentional violations. They are designed Sections 2 (d) and (e) apply to a Commission their views concerning the to highlight the requirements of the law seller of products in interstate commerce, proposals including such pertinent in­ and offer means for complying with it. if he either directly or through an inter­ mediary (a) pays for services or facilities formation, suggestions, or objections as What they are not meant to do. It they may desire to submit. For this pur­ fdrnished by his customers in connection should be made clear too that the Guides with the distribution of his products pose, copies of the proposed amended are not meant to do several things: Guides may be obtained upon request (section 2(d)), or. (b) fupiishes such to the Commission. Such data, views, in­ (1) They are not meant to cover every services or facilities- to his customers formation, or suggestions may be sub­ situation. Decided cases dealing with un­ (section 2(e)). [Guide 11 usual situations are not covered. mitted by letter, memorandum, brief, or § 240.2 Who is a seller? other written communication not later (2) They are not a substitute for than August 30, 1968, to the Chief, Divi­ sound legal advice. “Seller” includes anyone who sells sion of Industry Guides, Bureau of In­ (3) They are not intended to be a products for resale, with or withou dustry Guidance, Federal Trade Com- legal treatise. They should be read as a further processing. Selling candy to a

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10617

retailer is a sale for resale without proc- tionally equal basis to all competing § 240.8 Seller’s duty to inform. [ essing. Selling corn syrup to a candy customers. (See § 240.7.) manufacturer is an example of a sale for (b) The seller must take action to as­ (a) The seller must take effective ac­ resale with processing. [Guide 2] sure that all competing customers are tion to inform all his competing custom­ ers of the availability of the plan, in­ §240.3 W ho is a customer ? informed of the promotion in ample time to take full advantage of it. (See cluding its terms and conditions. He can A “customer” is someone who buys § 240.8.) do this by any means he chooses, includ­ directly from the seller, the seller’s agent (c) If the basic plan is not func­ ing letter, telegram, notice on invoices, or broker; and, in addition, a “customer” tionally available to (i.e., suitable for and salesmen, brokers, etc. However, if a is any buyer of the seller’s product for usable by) some competing customers, seller wants to be able to show later that resale who purchases from or through a alternative means of participation must he made an offer to a certain customer, wholesaler or other intermediate reseller. be provided. (See § 240.9.) he is in a better position to do so if he made it in writing. In this part, the word “customer” which (d) The seller and customer must have is used in section 2(d) of the Act includes a clear understanding about the exact (b) The, seller has the responsibility “purchaser” which is used in section 2(e). terms of the offer, and the conditions for seeing to it that all competing cus­ [Guide 31 upon which payments will be made for tomers are informed of the availability § 240.4 What is interstate commerce? services and facilities furnished. (See of his promotional plan (or any plan § 240.10.) provided or administered by a third This term has not been precisely de­ party (e.g., promoter) for the promotion fined in the statute. In general, if there (e) The seller must take reasonable precautions to see that the services are of the seller’s product) including the is any part of a business which is not actually furnished and also that he is terms and the alternatives provided, wholly within one State (for example, not overpaying for them. (See § 240.11.) even if customers purchase from inter­ sales or deliveries of products, their vening wholesalers, distributors, or other subsequent distribution or purchase, or § 240.7 Proportionally equal terms. intermediaries. Thus, in a retailer- delivery of supplies or raw materials), The payment or services under the oriented plan, the seller’s wholesalers, the business may be subject to the Robin- plan must be made available to all com­ distributors, or other intermediaries may son-Patman Act. Sales in the District of peting customers on proportionally equal be utilized to inform retailers who pur­ Columbia are also covered by the Act. terms. This means that payments or chase the seller’s products from them, of [Guide 4] services must be proportionalized on some the promotional plan, but this does not § 240.5 What are services or facilities? basis that is fair to all customers who relieve the seller of his responsibility to compete in the resale of the seller’s prod­ see that the retailers are so informed. This term has not been exactly defined ucts. No single way to proportionalize Example. Seller has a plan for the retail by the statute or in decisions. The follow­ is prescribed by law. Any method that promotion of his products in Philadelphia. ing are merely'examples—the Act covers treats competing customers on propor­ Some of his retailing customers purchase many other services and facilities. tionally equal terms may be used. Gen­ directly, and he offers the plan to them. (a) The following are some of the serv­ erally, this can best be done by basing Some other Philadelphia retailers purchase ices or facilities covered by the Act where his products through wholesalers. The seller the seller pays the buyer for furnishing the payments made or the services fur­ may use the wholesalers to reach the retail­ them; nished on the dollar volume or on the ing customers who buy through them, either quantity of goods purchased during a by having the wholesalers notify those re­ Any kind of advertising, including cooper­ specified period. Other methods which tailing customers, or by using the wholesal­ ative advertising, are fair to all competing customers are ers’ customer lists for direct notification by Handbills, also acceptable. the seller. The seller must be sure that the Window and floor displays, wholesalers actually notify all the customers Special sales or promotional efforts for which Example. A seller may properly offer to pay or supply a complete customer list to him, push money” is paid to clerks, salesmen, a Specified part (say 50%) of the cost of because a seller may be in violation of the and other employees of the customers, local advertising up to an amount equal to law if a wholesaler fails to perform com­ Demonstrators and demonstrations, a set percentage (such as 5%) of the dollar pletely. Furnishing complete distribution of seller’s volume of purchases during a specified time. line. Example. A seller of raw materials has a Example. A seller may properly place in program for promotion by retailing customers reserve a specified amount of money for (b) Here are some examples of serv­ of finished products which include his raw each unit purchased, and use it to reimburse material. He may utilize the sellers of the ices or facilities covered by the Act customers for the actual cost of their finished products to notify his retailing cus­ when the seller furnishes them to a advertising of the seller’s product. tomers, or he may use the customer lists of customer: Example. A seller may not select one or a the sellers of the finished product and notify Any kind of advertising, few customers to receive special allowances the retailing customers directly. If the raw Catalogs, (e.g., 5% of purchases) to promote his prod­ material has gone through intermediate proc­ Demonstrators, uct, while making allowances available on essors before reaching the seller of the fin­ Display and storage cabinets, some lesser basis (e.g., 2% of purchases) to ished product, the seller of the raw material Display materials, customers who compete with them. must make certain that he traces the raw Special packaging, or package sizes, Example. A seller’s plan may not provide material through each link in the chain if he Accepting returns for credit, an allowance on a basis that has rates grad­ is to be sure that his offer reaches all compet­ Prizes or merchandise for conducting pro uated with the amount of goods purchased, ing retailing customers.1 motional contests. as, for instance, 1 percent of the first $1,000 Example. Seller has a plan for the retail purchases per month, 2 percent of second promotion of his products in Kansas City. Note: In this part, the term "services” $1,000 per month, and 3 percent of all over Some of his retailing customers purchase di­ i used to encompass both “services and that. facilities.” rectly, and he offers the plan to them. Some Example. A seller may not identify or fea­ other Kansas City retailers purchase his [Guide 5] ture one or a few customers in his own ad­ products through wholesalers, and the seller vertising without making the same service doesn’t have enough information to identify § 240.6 Need for a plan. (or a usable alternative) available on pro­ all of them. If the wholesalers of the product If a seller makes payments or furnishes portionally equal terms to customers com­ refuse to provide customer lists, or if the services that come under section 2 (d) or peting with the identified customer or cus­ seller believes that the wholesalers may not tomers. (e) of the Clayton Act, as amended, he inform all the retailing customers, or if the must do it under a plan that meets several Example. A seller of raw materials who wishes to promote through retailing custom­ wholesalers refuse to do so, the seller must requirements. In addition, for the seller’s ers, finished products which Include his inform those retailing customers buying own protection, the plan should be in raw material, may not make allowances for through wholesalers in some other way. Some nting, particularly if there are many such promotion available to some retailing ways in which this may be done include: if°^Peting customers to be considered, or customers unless he makes such allowances “ plan is at all complex. Briefly, the available on proportionally equal terms to requirements are: all retailing customers competing in the sale 1 Comment is invited on the possible use of *>/a\ Payments or services under of the same type of finished product. third party mailing services in the event wholesalers are unwilling to turn over their e plan must be available on a propor- [Guide 7] customer lists to suppliers.

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 10618 PROPOSED RULE MAKING amended Clayton Act if they result in the A. Printing the promotional offer on the § 240.9 Availability to all competing denial of allowances for advertisements that shipping container, or on the product customers. do not adhere to those prices, and also vio- ( package. The plan must be such that all types late section 5 of the Federal Trade Com­ B. If the promotional plan calls for display of competing customers may participate. mission Act if they tend to coerce resale materials, including the materials in the price maintenance not sanctioned by law. shipping container. It must not be tailored to satisfy a par­ C. Placing brochures announcing the pro­ ticular favored customer or class of cus­ Example. A .seller has informed direct- motional offer In the shipping container and tomers, but must in its terms be suitable buying retailers as to the terms and condi­ attaching a conspicuous notice thereof to for and usable by all competing cus­ tions of a plan under which he will provide, the outside of the container. on proof of performance, a fixed payment tomers. This may require offering all per product case purchased, to apply against D. Advising customers from accurate and such customers more than one way to complete mailing lists. “Yellow Pages” listings cooperative newspaper advertising costs, are often not complete. If the product may participate in the plan. The seller cannot specifying the minimum size of ad to qualify. be sold lawfully only under Government li­ either expressly, or by the way the plan The seller, at the same time, arranged for cense (alcoholic beverages, for example), in­ operates, eliminate some competing cus­ his wholesalers to inform retailers buying forming all license holders would be sufficient. tomers. Where a seller’s basic plan is from them as to the availability, terms, and E. Publishing in a conspicuous manner not functionally available to (i.e., suit­ conditions of this plan. After 3 months of complete details of the plan in trade publica­ the plan’s operation, the seller’s record of able for and usable by) all competing payments made and proof-of-performance tions directed to retailers, but only if all eli­ customers, and he therefore offers altern­ submissions revealed that a disproportion­ gible retailers receive the publications. ative plans, all of the plans offered must ate number of direct-buying retailers had Note: Whatever procedure is used to give provide the same proportionate equality. participated in the plan as compared with notice to the customers, it must prove to be the participation of retailers purchasing from effective in practice. If results obtained by With respect to promotional plans offered to retailers, the seller must as­ wholesalers. All retailers having, in fact, re­ the seller show that the notice is not effec­ ceived timely notice of the availability, terms, tively reaching the customers purchasing sure that his plans are usable in a prac­ and conditions of the seller’s plan, the seller through all or some of the wholesalers ^ or tical business sense by all retailers is on notice that his plan may not be suit­ other intermediate sellers, a more effective competing in the resale of his products, able for and usable by retailers supplied means must be adopted promptly. whether they purchase directly from through wholesalers. Example. The seller has a wholesaler- him or through a wholesaler or other oriented plan whereby he pays wholesalers to [Guide 9] advertise the seller’s product in the whole­ intermediary. One indication as to the salers’ order books, or in the wholesalers’ suitability and usability of such a plan § 240.10 Need to Understand terms. price lists directed to retailers purchasing may be the extent to which various There must be a clear understanding from the wholesalers. He must notify all com­ types of retailers participate in it. If the between the seller and each competing peting wholesalers of the availability of this seller’s review of payments made or plan, but the seller is not required to notify proof of performance submissions under customer as to the exact terms of the retailing customers. the plan discloses that one type or class offer and the conditions upon which Example. A seller who sells on a direct basis of customer (such as retailers purchasing payments will be made for services and to some retailers in an area, and to others through wholesalers) participated in the facilities furnished. [Guide 103 in the area through wholesalers, has a plan for the promotion of his products at the plan to a substantially lesser degree than § 240.11 Checking customer’s use of retail level. If the seller directly notifies not other types or classes of customers (such payments. only all competing direct-purchasing retail­ as retailers buying directly from the (a) The seller must take reasonable ers, but also all competing retailers purchas­ seller), the seller is on notice that, as a precautions to see that the services he is ing through the wholesalers, as to the avail­ practical matter, his plan may not be paying for are furnished, and also that ability, terms, and conditions of the plan, suitable for and usable by the under­ he is not overpaying for them. Moreover, the seller is not required to notify his whole­ participating type or class of customers. salers of the plan. the customer must expend the allowance If this is so, the seller must provide such solely for the purpose for which it was Example. A seller regularly promotes his additional alternatives to the plan as will products at the retail level, and during the given. If the seller knows or should year he has various special promotional permit participation by all competing know that what he pays or furnishes is offers. His competing customers include large customers on proportionally equal terms. not being properly used by some custom­ direct-purchasing retailing customers and Example. The seller offers a plan for co­ ers, the improper payments or services smaller customers who purchase through operative advertising on radio, television, or must'be discontinued. It should be noted wholesalers. Many of the promotions he offers in daily and Sunday newspapers of general that payments by the seller where the can best be used by his smaller customers if circulation. Some of his customers are too the funds to which the smaller customers are email to use the offer. He must offer them customer performs no services may re­ entitled are pooled and used by the whole­ some usable alternative on proportionally sult in unlawful activity by the seller salers in their behalf (newspaper advertise­ equal terms, such as advertising in neighbor­ under section 2(a) of the amended Clay­ ments, for example). The seller may permit hood or weekly newspapers, envelope stuffers, ton Act and by the customer under sec­ thé retailer purchasing through a wholesaler handbills, etc. (See § 240.7.) tion 2(f) of the Act. Likewise, a seller to designate a wholesaler as his agent for Example. The seller’s plan provides for may not properly pay, nor may a cus­ receiving notice of, collecting, and using furnishing demonstrators to large depart­ tomer properly receive and retain, any promotional allowances for him. Such pool­ ment store customers. He must provide ing may not be compelled or induced by the usable alternatives on proportionally equal amount in excess of that actually used by seller or the wholesaler. The retailer who terms to those competing customers who the customer to perform the service. purchases through wholesalers must be given cannot use demonstrators. The alternatives (b) Sellers are not relieved of this the option of receiving and using the pro­ may be usable services furnished by the duty with respect to all competing cus­ motional benefits directly if he prefers, as seller, or payments by the seller to customers well as the opportunity to change his choice tomers regardless of whether they pur­ for their advertising or promotion of the chase directly or through intermediaries. at reasonable intervals. seller’s products. (See § 240.7.) Example. A seller has communicated the Example. A seller of appliances makes his Just as in the case of giving notice (see details of his promotional plan to his direct- plan available to those customers purchasing § 240.8), the seller may utilize the service buying retailers and utilized his wholesalers at least some minimum number (such as of the intermediaries to distribute pay­ to notify the retailers who buy from them. eight) of his appliances in a single order or ments to those entitled to them, or After a period of time, the seller finds from during a stated period. If this requirement check their proper use of such payn^P; his record of payments made and proof-of- is beyond the reach of some competing cus­ but the responsibility for seeing that tne performance submissions that most of his tomers, the plan may be Illegal. payments are actually made and prop direct-buying retailers participated, while Example. A seller should not require as a few, if any, of the customers buying through prerequisite to the granting of advertising erly used rests squarely upon sellers. certain wholesalers took advantage of the allowances to customers that such customer’s Such sellers may obtain lists of custom­ plan. Such a seller is on notice that the advertising feature prices which, by prear­ ers purchasing through wholesalers o ~ wholesalers in question may not be commu­ rangement, are acceptable to both seller and other intermediaries and, upon receip nicating the plan to their customers. In customer, regardless of whether the seller or these circumstances, the seller must take the customer established the prices. Price- of proof of performance, make paymen immediate steps to see that all customers are limiting provisions of this type include: directly to those customers. Or, they may promptly notified of the availability of the “Suggested Retail Price,” "Regular Price,” plan. arrange for their wholesalers or other in­ “Retailer’s Regular Price.” Such provisions termediaries to distribute the paymen [Guide 8] do not accord with section 2(d) of the

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968 PROPOSED RULE MAKING 10619

to customers upon receipt by the whole­ called “ tripartite” plans. Typically, the keen, requiring that special allowances salers or other intermediaries of ade­ intermediary will enroll many suppliers must be given to some customers if a quate proof of performance; the seller, in a common plan for the promotion of seller is “to be competitive.” [Guide 14] however, must take action to assure him­ the suppliers’ products in retail outlets. self that the payments have been made, The fact that an intermediary has de­ § 240.15 Cost justification. and services performed, in accordance vised and/or is administering the promo­ It is no defense to a charge of un­ with his plan. [Guide 11] tional plan in no way insulates suppliers lawful discrimination in the payment § 240.12 Competing customers. of customers (see § 240.16) from the re­ of an allowance or the furnishing of a quirements of the law. Furthermore, the service for a seller to show that such The seller is required to provide in his third party intermediary may himself be payment, service, or facility could be plan only for those customers who com­ liable if the use, administration or op­ justified through savings in the cost of pete with each other in the resale or dis­ eration of the plan results in violation manufacture, sale or delivery. [Guide tribution of the seller’s product. There­ of law. 15] fore, a seller must make available to all Example. A seller may not buy advertising § 2 4 0 .1 6 Customer’s liability. competing wholesalers any plan provid­ time from a radio station and have the sta­ ing promotional payments or services to tion furnish free radio time only to certain Sections 2 (d) and (e) apply only to wholesalers, and similarly, must make favored customers of the seller. sellers and not to customers. However, a available to all competing retailers any Example. A seller may not participate in customer who knows, or should know, plan providing promotional payments or a tripartite promotional plan providing for that he is receiving payments or services in-store promotion of his products unless all which are not available on proportionally services to retailers. With these require­ his competing customers are given an op­ ments met, a seller can limit the area of portunity to participate in the intermedi­ equal terms to his competitors engaged his promotion. ary’s basic plan, or are provided a suitable in the resale of the same seller’s products, Example. Manufacturer A, located in Wis­ and usable alternative on proportionally may be proceeded against by the Com­ consin and distributing shoes nationally, equal terms. The Supplier may agree that mission under section 5 of the Federal sells shoes to three retailers who compete the intermediary will inform the supplier’s Trade Commission Act, which prohibits with each other and sell only in the Roanoke, customers of the availability, terms and unfair methods of competition. Va. area. He has no other customers selling conditions of the program, but the supplier in Roanoke or its vicinity. If he oilers his does not escape responsibility if the inter­ Example. A customer may not solicit sell­ promotion to one Roanoke customer, he must mediary fails in this respect, or if the inter­ ers to grant him advertising allowances for include all three, but he can limit it to them. mediary otherwise operates the program in special promotion of the sellers’ products The trade area selected must be a natural discriminatory fashion. in connection with the customer’s anniver­ one and not drawn arbitrarily so as to ex­ Example. A seller may not participate in sary sale or new store opening, and re­ clude competing retailers. a tripartite plan involving many suppliers if ceive such allowances, unless he has taken such affirmative steps as would satisfy a Example. A national seller has direct-buy­ the customers to whom the plan is offered ing retailing customers reselling exclusively must purchase the products of other par­ reasonable and prudent businessman that within the Baltimore City trade area, and ticipating suppliers before they are eligible such allowances are affirmatively offered and other customers within that area purchas­ to receive the benefits of the promotional otherwise made available, by such seller on ing through wholesalers. The seller may law­ program. The customer of any one seller may proportionally equal terms to all of its other fully engage in a promotional campaign con­ not be required to purchase or promote customers competing with the customer in fined to the Baltimore area, provided he af­ other suppliers’ products as a condition to the distribution of the seller’s products and fords all of his retailing customers within receiving promotional payments or services that usable and suitable alternatives are the area the opportunity to participate, in­ from the seller, even though a tripartite pro­ offered them. cluding those who purchase through whole­ gram is involved. Example. A customer may not request and salers. receive, seller contributions to the cost of (b) Sellers, customers, or intermedi­ his institutional advertising, unless he has Example. A seller produces and sells a aries contemplating the use of tripartite taken such affirmative steps as would satisfy fabric which is used in a number of types of a reasonable and prudent businessman that wearing apparel, e.g., ladies’ blouses, dresses, promotional plans may obtain an advi­ sory opinion concerning the legality of a such allowances are affirmatively offered and men’s shirts, etc. He may restrict a promo­ otherwise made available by such seller on tion to a particular type of product, such as specific proposed plan by submitting a men’s shirts, and offer the program to his request, together with complete details proportionally equal terms to all of its other customers solely for the promotion of that of the proposed plan, to the Secretary, customers competing with the customer in one type of finished product. the distribution of the seller’s products and Federal Trade Commission, Washing­ that usable and suitable alternatives are Example. A seller manufactures and sells ton, D.C. 20580. Assistance with respect offered them. men’s suits and sport jackets to retail stores to existing plans may be obtained by nationally. He may restrict allowances to Example. A customer, an experienced buyer, Philadelphia area retailers for their promo­ writing to the Commission’s Bureau of is offered an allowance of 25 percent of his tion of sport jackets during a particular sea­ Industry Guidance. [Guide 13] purchase volume by a seller for cooperative son. He may not restrict allowances in the advertising to be paid for 100 percent by the § 240.14 Meeting competition in good seller. The customer knows, or should know, Philadelphia area for the promotion of cer­ faith. tain styles of sport jackets unless all retailers that most cooperative advertising programs of his sport jackets in the area are offered A seller charged with discrimination in the industry allow payments of from 3 the opportunity to purchase the promoted in violation of section 2(d) or section 2 to 7 percent of purchases, and require 50- styles and participate in the promotion. 50 sharing by the seller and the customer. (e) may defend his actions by showing He would be on notice to inquire of the Note: The seller must be careful here not that the payments were made or the seller as to the availability of these unusual to discriminate against customers located on services were furnished in good faith to terms to the .seller’s other customers who the fringes but outside the area selected for meet equally high payments made by a compete with him. the special promotion, since they may be competing seller to the particular cus­ [Guide 16] * actually competing with those participating. tomer, or to meet equivalent services [Guide 12] furnished by a competing seller to the Issued: July 24, 1968. § 240.13 Indirect payments. particular customer. This defense, how­ ever, is subject to important limitations. By direction of the Commission. (a) Promotional assistance plans are For instance, it is insufficient to defend [seal] Joseph W. Shea, sometimes devised and/or administered a charge of violating either section 2(d) • Secretary. by third parties who are neither suppliers or 2(e) solely on the basis that compe­ nor customers. Such plans are sometimes [F.R. Doc. 68-8871; Filed, July 24, 1968; tition in a particular industry is very 8:49 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 144— THURSDAY, JULY 25, 1968